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11/21/1989 - City Council Regular P AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA MUNICIPAL CENTER BUILDING NOVEMBER 21, 1989 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE (BLUE) II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES (BLUE) III. 6:40 - HOUSEHOLD HAZARDOUS WASTE COLLECTION/SPECIAL RECOGNITION OF UNISYS CORPORATION IV. 6:45 - DEPARTMENT HEAD BUSINESS (BLUE) A. PUBLIC WORKS DEPARTMENT P• 1. Consider Request to Convey Private Streets for Public Maintenance (Cinnamon Ridge Addition) B. PARKS AND RECREATION DEPARTMENT (� 1. Architect Selection, Park Shelter Buildings �• V. 6:55 - CONSENT AGENDA (PINK) p A- PERSONNEL ITEMS Y ( B. PLUMBERS LICENSES y C. Set Date for 1990 General Fund Budget Tax Levy t4 D. PROJECT 88-UU, Acknowledgement of Project Completion (Dart Transit - Utilities) E. PROJECT 87-II, Acknowledgement of Project Completion (Blue Ridge Addition-Utilities) F. FINAL PLAT, Stratford Oaks G. FINAL PLAT, Whispering Woods 5th Addition FINAL PLAT, Mardelann Addition v I. AMENDMENT to Development Contract, Hills of Stonebridge II • VI. 7:00 - PUBLIC HEARINGS (SALMON) q-2-5A_ VACATE Drainage Easement - Lots 8-11, Block 2, Lexington Parkview Addition �;2o B. PROJECT 443, Final Assessment Hearing (O'Neil - Trunk Storm Sewer) VII. OLD BUSINESS (ORCHID) A. REQUEST, Special Hunting Season Permit, Richard Maurer, Jr., 3370 Lexington Ave., Eagan VHI. NEW BUSINESS (TAN) A. PRELIMINARY PLAT,United Mortgage Corporation,of Outlot B of the Coventry Pass Addition Consisting of 20.1 R-1 (Single Family)Acres to 39 Single Family Lots Located East of Dodd Road and North of Diffley Road in the East 1/2 of Section 24 IX. ADDITIONAL ITEMS (GOLD) X. ADMINISTRATIVE AGENDA (GREEN) XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 15, 1989 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 21, 1989 CITY COUNCIL MEETING After approval is given to the November 21, 1989 City Council agenda, regular meeting minutes for the November 9 meeting and Special Cityconsideration.Council minutes for the November 14 meeting, the following items are in order for ii: SPEC REIOGf 'TIIN 'O 5..CORPNRATION.; Mayor Ellison will present a plaque to the Unisys Corporation that reads "In recognition for the outstanding community commitment shown by your participation in the Household Hazardous Waste Collection Day, October 7, 1989." The plaque also includes language that recognizes Roger Martin and staff for their excellent support and organization. A copy of the results of the Household Hazardous Waste Collection Day were sent to the City Council several weeks ago as a part of an informative memo. Mr. Roger Martin will be present to accept the plaque on behalf of Unisys. � PAR�`MEI�'I HA_�3I,TSTI��S . A. PUBLIC WORKS DEPARTMENT: Item I. Consider Request To Convey PrivatHomeowneustreet & -Associatio nforubllt Maintenance Cinnamon (Cinnamon Ridge Addition)--Recently, the Ridge Addition has again requested the cul-de- acs located swithin sumingthatthe subd mesion as maintenance responsibilities for the private streets an shown by the map enclosed on page �> - When this subdivision was originally being proposed, the right-of-way d dedication and developer proposed these Delated rivate cul-de-sacs and streets thereby eliminating the public setback requirements which would allow for a greater ns deity staff dy etacrongdrecomlmended homes referred to as a cluster development. At t against these private streets and their substandard construction criteria in anticipation of re to se such a request being made at a future date. Oncthe private overrtottheeCityllthe City be constructed below City standards and subsequently tu would not be able to provide the same level of service rMaentenance g du streets without incurring additional financial obligations t our annual 1 I Agenda Information Memo November 21, 1989 City Council Meeting There is a considerable number of private streets that currently exist in the City. Previously, the Council received a similar request from the St. Francis Woods 4th Addition Condominium Association. After recognizing the potential for incurring additional costs to the City's General Fund Budget and possibly creating a policy of having to Vcept all ot�ffisr ivate streets, the Council denied that request. Enclosed on pages through a report from the Assistant City Engineer identifying the deficiencies with these private streets as compared to current City standards. Although City staff has received a similar request from the Cinnamon Ridge Homeowners Association previously, it was never pursued to formal Council action. Therefore, staff is recommending that the Council review this request and take formal action at this time. If this request is given favorable consideration, direction should be given from the City Attorney's Office regarding the necessity to acquire appropriate public right-of-way and how to deal with the resulting nonconforming setbacks that would subsequently be created in addition to identifying a method of financing corrective improvements to City standards if required. AC'T'ION TO BE CONSIDERED ON THIS ITEM: To review and approve/deny the request to convey private streets and cul-de-sacs for public maintenance within the Cinnamon Ridge Addition. 00 p —— —---- — f: �s .1 •�r ager' p Q '1 S" •1 11 le a LL N 11i 04 L?.• I Oc � . 1 • /Mtll 11 1 r 1i 1 �LCI•.. 1 ER IN W. ♦. cc CONDOMINIUM 0 3 C i CIIMm�'1 t\` IDOL a o. L.: 9 AR OME! OCYDCbgNIUM 9 ui �� .L y — -- -- --- - - - — -mow• — j' ----- � — �•. • LII �' 9p U 7 • +t•�r Oak. 9 . � • �+ P\• 11 •w.• Q• G p t i'�t 1 �' / 1• R+Q G t • � _�r�ai-- ,1 � � I G L� ->d 1 • "'-lam � % r � Q Q �: DRQ• O ui lot 4p ui • i � • . �\yam. ~ I Q • i r� O • sb LL 11 i w+ SLgr COUNTY STATE A10 NIONWAT NO. 32 w » r,•r Iwu , Ia w ! I sf-( -1 2 r; t, -3 3 MEMO TO: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS FROM: MIRE FOERTSCH, ASSISTANT CITY ENGINEER DATE: NOVEMBER 16, 1989 SUBJECT: PRIVATE STREET MAINTENANCE CONSIDERATION OUTLOTS A & B, CINNAMON RIDGE 2ND ADDITION OUTLOTS A, B, C, D & G, CINNAMON RIDGE 3RD ADDITION OUTLOT A, CINNAMON RIDGE 4TH ADDITION OUTLOT A, CINNAMON RIDGE 5TH ADDITION OUTLOT A, CINNAMON RIDGE 6TH ADDITION Engineering staff has researched the "private streets" which were constructed on the above-referenced outlots in the Cinnamon Ridge development. All the mentioned "private streets" were constructed within drainage and utility easements which were donated and dedicated on their respective final plats to the public for public use forever for drainage and utility purposes only. There is no mention in the final plat dedication for the outlots to be used for roadway purposes. This point will have to be pursued further with legal counsel if consideration is given by the Council for City maintenance of the private streets in the Cinnamon Ridge development. The attached table summarizes the research and provides a comparison between the private streets constructed on each outlot and minimum City Code requirements. In summary, the private streets constructed in the Cinnamon Ridge development do not meet any of the minimum public street require nts identified in the City Code. The streets are defic' n in cross section, right-of-way width, boulevard clear zone cu -de-sac radii, street width and building setbacks. Assist nt Cit Engineer MPF/jj Attachment m M cli N N N N N N N N F- v W N d 0p U,% IA IA to 1f1 V1 N N N y O O O O cc W v J n nN+ W L6 OC LM . . . M M M N U 7 � � O Ul z 3 � J ) u N LL L!1 O IT O O O O v C t!1 N /- 7 U W A W OC K N O Ln U 0! N U 0 C O L v N N N N N N N N to S � p 1 0 O N N %0 10 to 0! M N N N N N N N N N N 3 W H W 61 O O O O co O C N N N N M M M M ~ v N J to N M O O O d U v O 3 \ rn ec y J T .N. 1!1 V1 O V1 V1 V1 W U a' 10 J V1 J r U 3 N 2 W E Q m 6 m U O l.7 6 Q Q W 4.1 QM N Y Y M Y4J ++ M C O O O z0 C380, 88 00, O O - O O ►- 0 M in c o zin > O occz ~ W S W LL N U N Agenda Information Memo November 21, 1989 City Council Meeting B. PARKS AND RECREATION DEPARTMENT Item 1. Architect Selection, Park Shelter Buildings--Four (4) architectural firms were recently interviewed for the purpose of designing a park shelter in Blackhawk Park and for the design/construction administration of facilities in three existing parks utilizing existing building plans to be modified to meet site needs. All four firms were interviewed on Monday, November 6, and after further review and deliberation by the committee, the firm Schwarz/Weber is being recommended for selection to the City Council. For additional information on this item, refer to a memo repared by the Director of Parks and Recreation enclosed on pages � through . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the selection of Schwarz/Weber to perform park shelter design of Blackhawk Park and design/construction administration for three additional city park lands. MEMORANDUM TO: TOM HEDGES, CITY ADMINISTRATOR MAYOR AND CITY COUNCIL FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: NOVEMBER 9, 1989 RE: ARCHITECTURAL SELECTION - PARK SHELTER BUILDING DESIGN BACKGROUND The Council requested that an R.F.P. be prepared for architectural selections to perform park shelter design at Blackhawk Park and for design/construction administration at three existing parks utilizing existing building plans to be modified to meet site needs. Proposals were sent out (attached is a copy of the R.F.P.) with four firms responding. These firms were interviewed by the City Administrator, Landscape Architect/Parks Planner, Recreation Supervisor Peterson and the Director of Parks and Recreation. INTERVIEWS The four firms interviewed were, in order of interviews: Robert Vanney, Vanney Associates, Inc. Bernard Herman, Bernard Herman Architects, Inc. Dick Schwarz, Schwarz/Weber Architects, Inc. Dennis Sutliff, B.R.W. Architects The first three firms are relatively small firms capable of doing the work. B.R.W. is a larger firm who's work is usually associated with larger projects but they do have experience with smaller projects of this scale. All firms have good experience in working with municipal clients and the public process. Schwarz/Weber has the most as well as most recent experience in working on projects of similar size and scope having recently completed two park shelter projects for Lakeville. This firm is in progress with another building project in Washington County. Bernard Herman is currently doing a project with the City of New Hope. q All of the firms made excellent presentations, although each took somewhat different approaches to the project, process, and constraints presented. B.R.W. expressed concern for the amount of public meetings/presentations noting the cost associated with this part of the process may be disproportionately expensive to the actual work at the drawing board. COMMITTEE CONCERNS/RECOMMENDATIONS The interview committee concluded that the two finalists for the work are Schwarz/Weber and Bob Vanney. Vanney Associates, Inc. based on their response and presentation. Mr. Vanney has proposed a fee of $13,750 for both phases of the project; Blackhawk $7,750, Other Parks $6,075. Schwarz/Weber's proposed an hourly fee not to exceed $3,000 for the programming phase of the three shelter buildings or 8% of that construction budget. (If all buildings are bid together a reduction of 2.5%) Blackhawk Park pre-design and programming and presentation is also proposed as an hourly rate not to exceed $4,500; total cost not to exceed 10%, if bid and constructed separately. Both fee proposals represent excellent value to the city, and dependent on the view of how the project will go - a case can be made for each firm as being the "lowest". In fact all four firms are reasonably close in fees, but these two represent the lowest of the four. All factors considered, it's the Committee's recommendation to select Schwarz/Weber Architects. RATIONALE The firm has an excellent reputation, has previously done an excellent job for the City of Eagan, having provided both good design and construction management. The same project team is proposed for the new projects ensuring continued consistency of performance and continuity. Although Mr. Vanney appears to have an equally good outlook on design and may be worthy of being awarded the project there does not appear to be an overwhelming reason not to select Schwarz/Weber given their work history, success with previous projects and relatively comparable fees. FOR COUNCIL ACTION To select the architectural firm to complete Parks and Recreation building projects for 1990. KV:cm Agenda Information Memo November 21, 1989 City Council Meeting There are nine (9) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNUJ MS A. PERSONNEL ITEMS Item 1. Health Insurance Providers for 1990 - As required by State law, the City of Eagan issued Requests for Proposals for health insurance providers for the City's employees. RFPs were sent to all HMO groups and major insurance companies in the Twin Cities area. The RFP was also advertised and copies of the RFP were sent to those additional insurance companies/agents that requested one. Four proposals were received: one each from Group Health, MedCenters, PHP and Share. The proposals were compared in a graph which was sent to the Council with the informational memo for the November 9, 1989 Council meeting. The proposals were presented to the City's Insurance Committee which is composed of representatives from all collective bargaining units and from all non-collective bargaining employee groups/departments. At the committee's direction, a poll was taken of all employees to determine their preferences as to insurance carriers for them and their dependents. The employees were asked to make their decisions taking into consideration the premiums as offered for 1990, the services covered under each plan, the co-payments required and the employees' preferences as to physicians and medical facilities at which services were offered. They were asked to make the decision with the consideration that the portion of premium covered by the City would remain at the same dollar amount as in 1989 or would increase slightly. Most employees indicated that they would stay with the plan under which they were currently covered. Many employees had built up a trust relationship with their current physicians and did not wish to be forced to change. In some situations, employees with health problems especially did not wish to change physicians because of the new tests they would have to undergo and complicated health histories they would have to present to a new physician. Agenda Information Memo November 21, 1989 City Council Meeting Only five employees indicated that they would switch to SHARE. This number is far below the 25 minimum needed for SHARE to offer their plan. Employees covered under PHP and MedCenters for the most part indicated that they wished to stay with those programs. Although the majority of employees with Group Health indicated that they wished to stay with Group Health, there was significant concern about the dropping of adult preventive dental care from the plan's coverages for 1990. Therefore, the Insurance Committee directed that Group Health be contacted and asked what the premium amount would be if adult preventive dental coverage were added to the plan. Those amounts were $3.03 per month for single coverage and $4.95 per month for family coverage. Employees currently with Group Health were then polled to see if they wished the package to remain as offered, if they wishedadult preventive dental to be added to the package (this would be an additional cost to the employee for family coverage, not to the City) or if they planned to switch coverages. The results of the poll indicated that those who planned to stay with Group Health favored adding the dental coverage to the present package by a 2 to 1 margin. Therefore, it is the recommendation of the Insurance Committee that the City of Eagan select Group Health, MedCenters and PHP as the health insurance plans which will be offered by the City for 1990, and, further, that the Group Health coverage include adult preventive dental services. For the Council's information, an all-employee meeting will be held on Wednesday, November 29, at which time representatives of the approved health plans will be present to explain and answer questions about the various plans. Thereafter, there will be a two week open enrollment period during which employees may switch coverage and/or may add dependents if they wish. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Group Health (including adult preventive dental), MedCenters and PHP health insurance proposals as the three health insurance plans which will be offered by the City of Eagan to its employees for 1990. Item 2. Lead Construction Inspector This position was approved as a part of the 1989 budget. This position was designed to be created from one of the present Construction Inspector positions; therefore, an additional position was not created. The only persons eligible for this position at this time were present Construction Inspectors with the City. The position opening was posted and applications were accepted from present employees. Interviews were held Friday, November 17 by Community Development Director Runkle, Chief Building Official Reid, Assistant Chief Building Official Hanson and Assistant to the City Administrator Duffy. It is their recommendation that William Bruestle be appointed Lead Construction Inspector for the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment of William Bruestle as Lead Construction Inspector for the City of Eagan. 1,l�> Agenda Information Memo November 21, 1989 City Council Meeting PL U BERS LICENSES B. Plumbers Licenses--The following are plumbers licenses which have been reviewed and meet all regulations of the City Code and are submitted for approval. 1. Andreasen Plumbing and Heating 2. Wyllie Plumbing ACTION TO BE CONSIDERED ON THIS ITEM: To approve the two plumbers licenses as presented. Agenda Information Memo November 21, 1989 City Council Meeting SET DA AX LEVY C. Set Date for 1990 General Fund Budget Tax Levy--The recent special legislative session enacted several changes in truth in taxation requirements for payable 1990 which were not included in the original 1989 tax bill. The changes are technical in nature and relate to 1) the language for the official notice of the public hearing, 2) choice of newspaper and 3) the definition of certain exceptions to limits on property tax levies within cities over 2,500 population. All counties, cities and school districts are required to set a date between mid-November and the end of December to hold a public hearing and present the proposed increase in ` property taxes for 1990. An alternate date must also be selected in case a jurisdiction is required to reconvene the meeting if additional time is necessary. The City Administrator and Director of Finance are making every effort to schedule Tuesday, December 5 as the date for the public hearing. Unfortunately, the law is specific that no two (2) taxing jurisdictions within the county can hold a public hearing on the same date and unfortunately, counties and school districts are able to select their meeting dates first. Cities must schedule with those dates that are remaining. The Vo-Tech school has scheduled its public hearing on the evening of December 5, which could require our City to schedule a date that is different from one of the regular City Council dates in December. The City Administrator will provide an update at the meeting on Tuesday and a specific recommendation on a date for the hearing. Enclosed on page _�.3 is a sample notice that was prepared by the Commissioner of Revenue as to how the truth in taxation publication is to read in the local newspaper. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the date of December_, 1989 as the official date for a public hearing to consider the proposed increase in property taxes for 1990 and December _ . 1989 as the alternate date if additional time is needed. Notice to argil mn of Proposed increase in property taxes for 1990 The City of Spruceville is proposing to increase total property taxes to be collected for 1990 by x percent over 1989 taxes. Total amount proposed: $00,000,000. This increase is not necessarily due to a decision by the city council to increase spending. The state of Minnesota has shifted aid from cities to school districts, and part of the increase may be due to a decrease in state aid to Spruceville. This amount is a proposal only. All citizens of Spruceville are invited to attend apublic hearing where the city council will discuss the proposed increase. The council will vote to approve or disapprove this amount at the hearing. Please come and give the council your opinions on this proposal. Public hearing Date: November 15, 1989 Hour: 7 p.m. Place: Room 5, Spruceville City Hall 123 Spruce Street Spruceville, Minnesota If additional time is needed, the hearing will be reconvened on November 17 at 7 p.m. in the same place. Summaries of the city's proposed 1990 budget are available for review at the city treasurer's office, Spruceville City Hall, room 123. Persons unable to attend this hearing may send written comments to the council at the above address. For more information, call the city treasurer's office: 123-1234, 8-4:30, M—F. Agenda Information Memo November 22, 1989, City Council Meeting ACKNOWLEDGEMENT OF PROJECT COMPLETION/DART TRANSIT D. Project 88-UU, Acknowledgement of Project Completion (Dart Transit - Utilities)-- City staff has received indications that the installation of utilities for the Dart Transit facility in the southwest corner of Lone Oak Road and T.H. 149 has been completed in accordance with the design plan and specs. It is appropriate to acknowledge completion of these utilities and authorize the release of related financial securities subject to appropriate warranty provisions. ACTION TO BE CONSIDERED ON THIS ITEM: Acknowledge completion of Project 88-UU (Dart Transit - Utilities) and authorize the release of related financial securities subject to appropriate warranty provisions. ACKNOWLEDGEMENT OF PROJECT COMPLETIONBLUE RIDGE ADDN E. Project 87-II, Acknowledgement of Project Completion (Blue Ridge Addition - Streets & Utilities)--City staff has received indications that the installation of utilities for the Blue Ridge Addition, which abutts Hwy. 55 on'the west and Lone Oak Road on the south, has been completed in accordance with the design plan and specs. It is appropriate to acknowledge completion of these streets and utilities and authorize the release of related financial securities subject to appropriate warranty provisions. ACTION TO BE CONSIDERED ON THIS ITEM: Acknowledge completion of Project 874I, Blue Ridge Addition - Streets & Utilities) and authorize the release of related financial securities subject to appropriate warranty provisions. L Agenda Information Memo November 21, 1989 City Council Meeting FINAL PLAT/STRATFORD OAKS F. Final Plat for Stratford Oaks--All documents relative to the final plat for Stratford Oaks, including the development agreement have been processed by both the applicant and Department of Community Development. This item has been continued on two occasions and it is presumed that agreements will be properly signed and all conditions will be met prior to the November 21 meeting. If there are reasons that the final plat should be removed from the agenda, a recommendation will be made at the time the agenda is adopted for the meeting. Enclosed on page L is a copy of the final plat as it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Stratford Oaks. 1 '� N r WW Z ., � - j 40 i•ii•�r�j��v-i •t�:• \�y44IIIIts . Staat�f/s t.i w..t / '/ . a►t Q �� �. � .,... � � 7 ��—,may-- i — � �• Of t. •''` Ne f 1 � --•KIM,,f---.'1•e ;.�}��t 1, .,*c� ':•'�•?, t _ •� v, • t • LLJ tz ' �� •j t . t �..... e.k 9 t .. a �•� ,i-+fir„-��j i 1 �''�✓ I � s� + r I t al �•- Aj �j ' ! t ` r � � ' - --- -- --= - ---- — - - '�,•I,� 1.1 I ,it t Agenda Information Memo November 21, 1989 City Council Meeting FINAL PLAT/WHISPERING WOODS 5TH ADDITION G. Final Plat for Whispering Woods 5th Addition--All documents relative to the final plat for Whispering Woods 5th Addition, including the development agreement, have been processed by both the applicant and the Department of Community Development. This item was continued at the last City Council meeting, however, it appears that the agreements will be properly signed and all conditions will have been met allowing the final plat to be presented at the November 21 City Council meeting. If there are reasons that the final plat should be removed from the agenda, a recommendation will be made at the time the agenda is adopted for that meeting. Enclosed on page IL is a copy of the final plat as it appears for signature and recording at Dakota County. I ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Whispering Woods 5th Addition. f. � I 1 �� �, its�-�? s i. i� � �}i j i t � !� d • � 1 y 1. '' r":z• .3° t'� �� � f : �a f a � �j \ illi !1� �: .j.a:Fir=, :•2� �r : � is i3 j 9 3 !� 1 i = ;i iii: -i'•': •°� :int' _ �� �ii�i � t � �� �; ' ��� �?:�=' 3� � i= ai,ji fi isa ji�jj•�� •� i � ii � _ ��I � J I Q .it a } £ to s: �,. ► � O��M 2 � •�i�Io � it �� N� i kill t 14 • ii ti -yi M w�� S � / •i �; ii •, •; tet: • t �!� .fir;. •,�.r•r ;�.-•t1,,t ^,�. ..�. Nf-•41.ttJ�'! N1L �0�?M:Ia�I`1 � L� Agenda Information Memo November 21, 1989 City Council Meeting FINAL PLAT/MARDELANN ADDITION H. Final Plat for Mardelann Addition-.All documents relative to the final plat for Mardelann Addition, including the development agreement, have been processed by both the applicant and the Department of Community Development. Assuming the agreements are properly signed and all conditions have been met, the final plat will be presented for approval. If there are reasons that the final plat should be removed from the agenda, a recommendation will be made at the time the agenda is adopted for that meeting. Enclosed on page )O is a copy of the final plat as it appears for signature and recording at Dakota County. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Mardelann Addition. 1� Ali • � i t ``tt�J y � r'1 •,..:.. r I ! '� ,; •,' y. N,a.�r't�s rJ9�•���N.� Vii.-.__ 17'1 7 at IWOL LLJ •� i} , �� ,rr j. � ,�•��� ;��. x•..,7.;,1 ' o���� _ .c ,i +"'ti"p,�•1�'}�+�r"�',AI� �I s��'�?!'Sf, _cr 0 � �r) •!�4 L'� '•�+�' .•r-•�" .' uj I• 1� ` 1 I M C �. . .y. _1 r T: � •t� � •t il�Y�yYG i 7 �i � i 1 � !!f K �„� � � ,► t„//,f �i ,.'��{�\• '�\ . . . � ' tea/ 1 r+ "7 • � � 3 Iii }e {.ti E \ •, s `/. �� ' - •1 � 1} '•� SIS ”, +• r.; V Agenda Information Memo November 21, 1989 City Council Meeting AMENDMENT TO DEVELOPMENT CONTRACT/HILLS OF STONEBRIDGE H I. Amendment to Development Contract, Hills of Stonebridge II--The final plat for the Hills of Stonebridge II was approved by the City Council at the October 17, 1989 meeting. Inadvertently, the exhibit B attached to the development contract was included in error. Therefore, approval of the application should be amended to delete the original exhibit B in the development contract and replace it with the corrected version. A copy of the revised exhibit B is enclosed on page ,2 The plat has not yet been recorded at Dakota County. This item was originally scheduled for the November 9 meeting but continued to allow further review by the developer, United Mortgage, who is aware of the change and is in agreement with the amendment. ACTION TO BE CONSIDERED ON THIS ITEM: To amend the development contract for the Hills of Stonebridge II to include a revised exhibit B. Exhibit B is hereby deleted in its entirety and the following is inserted in its place: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4, C1, C2, C3, C5, D1, El, F1, and Gl. 2. There will be no driveway access onto Dodd Road or Northview Park Road. 3 . The development will be required to submit a retaining wall design for staff review and approval prior to final plat approval. 4. The development will be required to provide and designate emergency overland drainage routes from proposed street low points and ponding ureas. 5. The development will be required to provide a storm sewer outlet to the southerly boundary of the plat in a location which can be utilized as the outlet to Pond JP-27. (This is not applicable with this phase. ) 6. The development will be required to provide 2 .8 acre feet of wet pond volume in Pond JP-53 and 3 .0 acre feet of wet pond volume in Pond JP-22 as determined by Dakota County Soil and Water Conservation. 7. A new street entrance to Northview Park Road shall be constructed approximately 145 ' east of the existing entrance as part of the Northview Park Road improvements, provided good engineering practices and safety standards can be adhered to. 8. The lot lines in Block A are to be extended in order to utilize the proposed park property. 9. Lots 6 and 11, Block 6, shall be restricted from the access to the cul-de-sac. (This is not applicable with this phase. ) a� Agenda Information Memo November 22, 1989, City Council Meeting VACATE DRAINAGE ESMT/LOTS 8-11, BLOCK 2. LEXINGTON PARKVIEW A. Vacate Drainage Easement, Lots 8-11, Block 2, Lexington Parkview Addition--On October 17, the City Council received a petition to vacate a previously dedicated underlying drainage easement over portions of Lots 8, 9, 10,and 11, of Block 2, Lexington Parkview Addition and scheduled a public hearing to be held on November 21 tofo ally receive any comments or concerns regarding this request. Enclosed on page sis a legal description and sketch showing the location and configuration of this ponding easement requested to be vacated. With the recording of the final plat for the Lexington Parkview Addition, it was adequately replaced by the dedication of a drainage and utility easement to conform to the ponding limits defined by the grading plan for that development. Therefore, the previous underlying easement description which conformed to the previous natural terrain is no longer necessary or appropriate and can be vacated if there are no objections. As of this date, staff has not received any objections to this proposal. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the vacation of the drainage easement as described over portions of Lots 8, 9, 10 and 11, of Block 2, Lexington Parkview Addition, and authorize the Mayor and City Clerk to execute all related documents. a3 1 , �� mTISI 'l t 60 ,may=pm J 1►. 'L.. i.. i � = t � ♦1 N= -r rcr pp �fzz d1 '7-L.�� �`�� 1 •1 I�r. li•r 1..i 1 t /t. �"f 1/tet .it 105.00 .. m r. 1i '► S51e4627"E rnroo 1'• 1 Int 1` r. ' -•1..1 gym„ r �1 L V • • m2D� ` jRIIR X11 Sa 4'1 ' s i2"F /::::;:T'''''''' S8p°SI'p3„ 4500 NT ... :•::>:::•:: ;:;. scale:I"=50' z Cn ::T31a f ........ EJISElt.�l4T:':..•:. :DRQ:•:•: NG:::. _ :: " :'" . 1f, 94.00 " N Z'•' m .•:ETf 0 3 2 05 2 n '• : r. �.+ N ..0.S. >~.. ;.: -T pk. . ... 1 .•�i�iri z•: •E'IfSfMEfi1T�:�:�:�:PER.�' ..�A. •:� �: Fty 1 55.00 396.00 N89041'17"W 85.00 SOUTH LINE Or THE NW 1/4, SW I/4,SEC.23 N CORNER 1/44,, NW I/4,SW SEC.23,T.27, 1�, I w t i��T.rte ' ' 1 11 L 1 • R.23 i �. x • , 117 1 11 1 r-�t 1 1 �� i �..L %I I V t �J/ I I I l...t.r�r• Description of proposed ponding and utility easement vacation, easement document No. 756659: That part of the Northwest Quarter of the Southwest Quarter of Section 23, Township 27, Range 23 , Dakota County, Minn- esota, described as follows : Beginning at a point on the south line of the Northwest Quarter of the Southwest Quarter of said Section 23 , distant 85. 50 feet Westerly of the southeast corner thereof; thence N 89a 49139" W on an assumed bearing along the south line thereof, 396 feet; thence N 11057104 " W, 108 feet; thence N 4401813b" E, 48 feet; thence S 80°58125" E, 118 feet; thence N 79046152" E, 145 feet thence S 51052149" E, 105 feet; thence S 27012 '54" E, 94 feet to the point of beginning . a Agenda Information Memo November 22, 1989, City Council Meeting FINAL ASSMT HEARING/ROBERT O'NEIL TRUNK STORM SEWER B. Project 443, Final Assessment Hearing (Robert O'Neil --Trunk Storm Sewer)--On September 15, 1987, the final assessment hearing for Project 443 was held. At that time, the City received a written objection from Robert & Grace O'Neil pertaining to the trunk area assessments. Based on the then current litigation pertaining to the rezoning of the property and the condemnation of the ponds under this project, Parcel 10-01000-010-77 owned by the O'Neil's was deleted from the final adopted assessment roll until the litigation could determine the proper zoning assessment category. With the zoning and the condemnation issues being resolved, it is now appropriate to proceed with the final assessment hearing for this project as it pertains to this parcel. While it is anticipated that the property owners will continue with their objection, the Council must formally adopt the assessment before they can file their court appeal. This property owner has formally appealed the special assessments associated with the upgrading of Yankee Doodle Road under Project 461. It would be desirable and economical to address both assessment appeals under one combined action. The proposed final assessments are identified as follows: Project 443, Trunk Area Storm Sewer Parcel 10-01000-010-77 $115,064.64 Parcel 10-01000-010-56 42,547.16 ACTION TO BE CONSIDERED ON THIS ITEM: Close the public hearing and approve the final assessment against Parcel 10-01000-010-77 and Parcel 10-01000-010-56 in the amount of $157,611.80 for Project 443 and authorize its certification to the County. Agenda Information Memo November 21, 1989 City Council Meeting ! MS: SPECIAL HUNTING SEASON PERMIT A. Request for a Special Hunting Season Permit for Richard Maurer--It appears after further review of the City Code, a determination has been made by the City Attorney's office that regulations for a special bow and arrow hunting season must be established by the City Council for the purpose of wild life management. These regulations must be established prior to consideration of a bow and arrow hunting permit. In previous years, regulations were established as a part of the DNR special hunt request for the Fort Snelling State Park area. The DNR special hunt in Fort Snelling State Park in 1989 does not include an authorization for the use of bow and arrow. The request by Mr. Richard Maurer, Jr., who resides at 3370 Lexington Avenue, for a special hunting permit for property he owns and two contiguous parcels owned by Harold Becker and Jerry Scott Krueger is the first permit requested this year. Therefore, according to the memo from the City Attorney's office enclosed on page; it is appropriate that the City consider the special hunting season permit for Richard Maurer, establishing regulations for a bow and arrow hunting season. The Police Department is reviewing the subject properties with Mr. Maurer, and if license is to be granted, it is recommended that similar criteria extended recently to Mr. Yanta and Mr. Friendshuh for the use of firearms for the purpose of hunting deer be considered as a condition of approval. A copy of Mr. Maurer's letter and appropriate attachments are enclosed on pages through��_for your review. Any additional information, if available, regarding the Police Department review, will be included with the Administrative Agenda or at the City Council meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny regulations that allow for a special_deer hunt with a bow and arrow as requested by Mr. Richard Maurer, Jr., for properties owned by Mr. Harold Becker, Jerry Scott Krueger and Mr. Maurer. M E M O R A N D U M TO: Thomas Hedges, City Administrator FROM: James F. Sheldon, City Attorney DATE: November 17, 1989 RE: Richard Maurer Special Hunting Permit Tom: You recall that Mr. Maurer' s special hunting permit came onto the City Council on November 9, 1989. Since bow and arrow hunting was not included in the dangerous weapon ordinance, our office advised the Council that no action was necessary. However, we have since been advised of City of Eagan Code Section 10.10, Subd. 8 which provides as follows: "Use of Bow and Arrow. It is unlawful for any person to shoot a bow and arrow except in the Physical Education Program in a school supervised by a member of its faculty, a community-wide supervised class or event specifically authorized by the Chief of Police, or a bow and arrow range, or by any person participating in a special bow and arrow hunting season, which season may not conflict with State law or regulations established by the Council for the purpose of wildlife management, or such other place during such time or times as authorized by the Council. Based on the foregoing, the Council has the authority to establish "regulations . . . . for the purpose of wildlife management, or such other place during such time or times as authorized by the Council." Thus, the Council has the authority to regulate the bow and arrow hunting request. JFS/djk C', C-, GF v ( f-a r M 13 o vJ 5�e c (� u1GAff ' ' ,4, vl� "ler lx-t ( Y J I e ��� f`- e u (ti- kp o p c,, c tie ck b c Ye Q, I ij -P,e i � o liy WLI 4 G1 e l'E s O Q Q �- e to �GA ,,, If er 5 t 5 �c, h 43Y � Y y I CN C L.�, C3, V' 4e C& 5 e IC c deer P e�- acre'' (v , 111 7` l � y G� e e e Fri vc cfv �I Wcti5'( e -,c leckUe I a F 5 f rvu o � 50 ►� e c « c� s ►� u � �- � v Wy SIL LAc 50 �'e C) c C, +kC- Tce i ow .. � � y y � c�°1 f r 5 w- o V)j C r -, i 'rte CI& �2 U u Qi- p� p.� (�-- f��► pry,`�/� �; 10 �. f w C� h of- y / 1 U eo r 54 -,'l 4 11 �'-j 7- L4, ck moil I Y 3 00 C4, ck PA V 5 .._ L r c E E?C - 3 65- /01 c, / + .'r M C-'�y G�1LVL-/� C C � lel jLl, i.2G A;,a . / yL � i 1 � L • X./ ,U G r 3 � I'l vi jV���►-� ��2-t;.���c �;U�s�:. - a,2��..�9�-cep-�.., ,rj")c �U -7g r I pl�f 11�- K C' e G � � o � c M �� ;� ,w �� 3 3 Agenda Information Memo November 21, 1989 City Council Meeting > [ PRELIMINARY PLAT/COVENTRY PASS 2ND ADDITION A. Preliminary Plat, United Mortgage Corporation, Outlot B of the Coventry Pass Addition--A public hearing was held by the Advisory Planning Commission at their regular meeting held on October 24, 1989 to consider an application for a preliminary plat for the Coventry Pass 2nd Addition consisting of 39 single-family lots and 20.1 previously zoned R-1 acres along the east side of Dodd Road as presented by United Mortgage Corporation. The APC is recommending approval. For additional information on this item, refer report pre ared by the Department of Community Development enclosed on pages through The Advisory Parks and Recreation Commission reviewed the proposal for Coventry Pass 2nd Addition at their last regular meeting and due to the fact the development agreement for Coventry Pass 1st Addition covers all park dedication obligations for the 2nd Addition, there is no action required regarding the parkland dedication. The lots covered in the 2nd Addition will be obligated to a cash donation after the 142nd lot is platted in the overall development. This is due to a calculation including a parkland dedication, ponds credit, slope credit and cash balance. For a copy of the APC minutes on this item, refer to pages 4--.5 through . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the preliminary plat for Coventry Pass 2nd Addition as presented by United Mortgage Corporation. 3 CITY OF EAGAN SUBJECT: PRELIMINARY PLAT (COVENTRY PASS 2ND ADDN) APPLICANT: UNITED MORTGAGE CORPORATION LOCATION: E 1/2 OF SECTION 24 EXISTING ZONING: R-1 (SINGLE FAMILY) DATE OF PUBLIC HEARING: OCTOBER 24, 1989 DATE OF REPORT: OCTOBER 18, 1989 COMPILED BY: COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION SUMMARY An application has been submitted requesting a Preliminary Plat for the Coventry Pass 2nd Addition consisting of thirty-nine single- family lots on 20. 1 previously zoned R-1 acres along the east side of Dodd Road. The site is currently Outlot B of the first addition which was final platted on October 3, 1989. The site has been rough graded and utility construction has begun. During that process, the grade elevations changed from the original plans. This affected the ultimate development of the agricultural exception that lies between the first and second additions. After meetings with that property owner and United Mortgage, plans were prepared that satisfied all parties. However, this changed the street configuration by directly connecting (potentially) the two areas. That is the reason for creating the outlot in the first addition and for this Preliminary Plat. As proposed, the lots meet R-1 lot requirements and vary in size between 12, 325 square feet to 42 ,780 square feet. 3S FINANCIAL OBLIGATION: Based on the study of the financial obligations collected in the past and the uses proposed for the property, the following charges are proposed. The charges are computed in accordance with the 1989 fee schedule as adopted by the Council. Improvement Project # Rate Qty Amount Sanitary Sewer Trunk 505 $655/Lot 39 Lots $25, 545 Storm Sewer Trunk 505 .056/S.F. 757,073 S.F. 42 , 396 Financial Obligation $67,941 CONDITIONS: COVENTRY PASS 2ND 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4, C1, C2, C3, C5, D1, and El. 2. No direct driveway access onto Dodd Road shall be allowed. Forty-foot setbacks shall be required along Dodd Road. 3. The development is required to maintain a maximum depth of 8 feet of cover on the existing water main in the southwest corner of the development. 4. The development is responsible for any damage which may occur to any existing City public utility line which results from the proposed site grading and development. 5. The development will be required to match the existing street grades provided in the adjoining Country Hollow development. 6. The development is required to adhere to the City's maximum 3:1 slope criteria. 7. The development is required to provide storm sewer to adequately accommodate the storm water runoff which is currently conveyed by the rural ditch section along Dodd Road. 8. The development will be required to provide emergency overland outlets from all low areas. 9. A storm sewer outlet is required for Block 4 to collect the storm water runoff water in the backyard low area. 10. A 50 foot half right-of-way is required for Dodd Road. 11. The development is required to provide sanitary sewer, storm sewer, and water main stubs to all adjacent properties as determined by City staff. <d M � V.5 , �y l IV l� Rw�r aM,r 1p s * at L r w • ,lel ��[�77 _ 1f Ip X00 I�� LJ J A,,u 800 e-3 LLJ z x i I 't R-I I•I A - 4200 •YMT011 S SYeO 0041 • D4-"4- -d 1 F— In Al I� �t*Ll evfl'�bb D-I i I � V D-1 •-44�= stc.,':.�T .til Ml J.-J: 0*.�r 41 * /*-'i*,.I ..;:: +�'�i:•.��;:' .'moi � ' 's�'J.c: �! .� qu It nw— t7 ;ii' i.;I7cA7i! ......i' ..... ........ ...... :t ►t► " ::::... ....... > ' t�.•�;ii;�� iii;:'; �'eiiiicc:cc;:'It � �! -.,, •(•r ir.,�•.' .. t 01 . . • :. j it - •.� i; •�; L ----— vtxT'P ! r 7 i 'ti x :t'�' rl' ��► A JC ' � , •11 rw r �i �}w ,•rt •• r.., «'.t 'i•• t' •-•tea• i ,�•• �, r?al,, CrIFI•l,nrl �la� / ; L Vis, `t !1 :1*` � ,� �`• V Frft•'!(rN '�.e"` -/'.•.•s• i. • : Ir1P11�.et 1 S = OUTLOT 8 00T�ot t t :t +I�� 't• � ' > '�., " ! r v,t 1. •• •,� ..t • •;'�. �•�� ��.�;' r � � 111' t_, 'Ji - ••,r;11! ,. .. ..•_ 11,x, , j1,�, • ;� �`�,,, .,�`��' )tl T ` t. l �M�t�lr1 fops i . .n .. .• � t i G CoV& P.Y F46 s� I 1 ''�.— —; .w .,` fit','1��{1--^��T�-'�IC•,'T''";t�,I r �..i-'}'•� IL-• •' ,. � t •` •. "'�-• �� '-.i!..' 1 !•�/,, .�,; l •' 1 /,•, r 140. ► � �� w '�1 `� '"•Y '\1.f' •�., :f t :�j•^ _ , 17,'' �'�J fit!-- .j .''may• 1 , •i .� �•� �, . �• •) •��, „ . All -14 'v i j>ek"'. C : '� ,\�•� ,� �{,� �A,tel! *.• i!r i � >✓� � , �� 1• 1 11 ( ,: .,�'.. .:.;:'• ;•�� '.�• i,i <:� ; ' ; 1 ) • t/jr , ` I :•a ; ::: : i:' 46. 01 f 40 tj P4 a$f> 7� COVENTRY PASS 2ND FINANCIAL OBLIGATION VI Wt. too .... STORM SEWER TRUNK a j.�� ;:•.. ^.,i (} . r AI'M v• ).�• �y• I vv :.y;• ,.,.;, ..,�;:,• .:, : ,t•\ .:t � � ,tai.y 14{ .y:.;••i':�:::,: of / Ail ob • a `L f.. •• • •• *KN) ti1' •.ele��• •�. •ry.1;.�• . w' �t�•w4 TNAI K tY, T •1 e.• • + •��� �i.•i tv / /'� Ex[Ei'flo►1 � _ ;�' ; = :;+ ,� t �• '•;ly` 'f',�e J ��- en ,'I•II iI H' �/ '6•� � mac, i�l N A"Q\ �• l �'/1 t��), � i s c ,.,, �.J .M....-'/ is 1, ,..• s �.,, a � OUTLOT B ou1��T �•a I w L• ;fit: J1 flrr[f o no W)Y Myq 1:l . rN.V. ••i i t � P V1,Y. W of ♦f e _ i' t, • i t,i wp 7 .n �.•:U1J71{`! vN'.,M•a 1jrJ)-1 r i ,1 • .Yr OWNER United Meltgepe Oerp / 8801 Note A 00 %t.t~ bY.ti . �� Coventry COVENTRY PASS 2ND FINANCIAL OBLIGATION tj SANITARY SEWER TRUNK ...... .s,'� ,1041 'j iw— ~may .' �1i..% �•,:i.' •'I��i:' !' i= f♦y'M y:•J`;In Yx� +a,�t,�er4 ` �. ::. 'ati ,'a:• Gt:A1• :>t t:ii;••-moi.y'Of 1.•iW1+ S�S ;�� �• •� � i .... �;;,�.:�,•''�'� ':1: :: .-.+sem----��",,,,,,,'i�-- •j)� •� � . Xvl iii:':.; j;..: ::i::iiii ....i:::i:: o �}� •).,,�, ' .: • y %. ,tJ �% _� iiiri.F.''.; ': 'r:; :i+ii�.iii.,.:i: �;:1�':::ii:r;•:•;iit..�i,,.,9e '�?.• `'M• •'' , y `NRJW lixt f Ir{ «41 0.• 4• t`�� t Si4 ) �,.;%' �ir� n rut ••1'A t• ta• rt 1;3� a, S•(w••. ;,x ,..,�ti ''•f'=. ir�,: ,i.ti. Q Sit J'.,"✓ xCEAt-rOtJ ;1��ry1 a cw tt, ++ JIT�___• � �' i r J� E x[F P f I O N ~�w,'� �.'P►' •t.!ti/q £• � 1 .� � t", ���'� wr'e�N t D !/ � C1 , ,au•µ � �/ ':`_� . ~`'' .y:A,t��/ ��.�.� iy ` ''r1 .�•l� � iii, O , -� OUTLOT 8 • �J • rt`�� ! JI Wref h wn w,r w y•j J • i y'� ' l. � P -A et• rof tet• 1��71Jv rJ,',I M•w r,l�Jr L�J 14� R , rM, , ww .• •�J.w rl ' • .•{ � txGLfr TION ��� i — -- - - --- S 71 OwNpok United Mettgepe Oetp- ct r 8001 NW!, CoAter bY.,i , 1�2. Coventry Page VEAGAN ADVISORY PLANNING COMMISSION MINUTES October 24 , 1989 Trygg moved, Graves seconded, the motion to close the public hearing and approve a rezoning of approximately 9.5 Agricultural acres to a Single Family district located west of Slater Road and south of Cliff Road in the southwest quarter of Section 31, as requested by Burnsville Lumber Company, Inc. for the Whispering Woods 5th Addition. All voted in favor. COVENTRY PASS 2ND ADDITION/UNITED MORTGAGE CORPORATION Chairman Pawlenty opened the next public hearing for the evening regarding a preliminary plat of Outlot B for the Coventry Pass Addition consisting of 20.1 Single Family acres to 39 Single Family lots located east of Dodd Road and north of Diffley Road in the east half of Section 24. City Planner Jim Sturm updated the Commission on the background of the matter. Chairman Pawlenty asked if the parcel was a transition from Country Hollow. City Planner Jim Sturm explained it was not a condition. Wayne Tauer (Pioneer) informed the Commission the only change was in the street connection and explained that the grade changed. He stated he was available for questions. Commissionmember Merkley had questions and concerns regarding ' the grade. Mr. Tauer explained the grading process and the compromise. Mr. Merkley questioned the timeframe for the development. Mr. Tauer explained that it was uncertain at the present time. Chairman Pawlenty asked if Frontier was the builder. Mr. Tauer replied yes. Sandy Klein, 4070 Dodd Road, stated he had concerns regarding location of his property adjacent to a Frontier development. Chairman Pawlenty reported the Commission also had concerns. City Planner Jim Sturm explained the street naming process. Chairman Pawlenty asked for the status of the Frontier/Stafford Place Council action. Mr. Sturm explained the Council had referred the matter to staff to conduct a neighborhood meeting. Assistant City Engineer Mike Foertsch explained the Stafford grading problems and the procedure to cure. Ron Hellmer reported that United Mortgage owns the property and explained that the agreement with Frontier had not been finalized. He informed the Commission that United Mortgage has a good project. There was discussion regarding Frontier development concerns. Chairman Pawlenty stated he felt the two items were ultimately potentially related. Commissionmember Voracek questioned the Page 4/EAGAN ADVISORY PLANNING COMMISSION MINUTES October 24, 1989 Stafford construction. There was further discussion regarding Frontier development. Chairman Pawlenty pointed out that United Mortgage Corporation has an excellent track record in Eagan. Commissionmember Voracek asked if there could be a connection to Dodd from the exception piece. City Planner Jim Sturm explained that it would not be possible as there were grade problems. Commissionmember Trygg asked for the timeframe on the road. Mr. Sturm explained that the road would be constructed at the same time as the development. Commissionmember Miller had concerns regarding the transition plan. Mr. Hellmer reported that the Country Hollow concerns had been satisfied. Miller moved, Voracek seconded, the motion to close the public hearing and approve a preliminary plat of Outlot B of the Coventry Pass Addition consisting of 20. 1 Single Family acres to 39 Single Family lots located east of Dodd Road and north of Diffley Road in the east half of Section 24, as requested by United Mortgage Corporation, subject to the following conditions: 1 . These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2 , B3 , B4 , C1, C2, C3 , C5, D1, and E1. 2. No direct driveway access onto Dodd Road shall be allowed. Forty-foot setbacks shall be required along Dodd Road. 3 . The development is required to maintain a maximum depth of 8 feet of cover on the existing water main in the southwest corner of the development. 4. The development is responsible for any damage which may occur to any existing City public utility line which results from the proposed site grading and development. 5. The development will be required to match the existing street grades provided in the adjoining Country Hollow development. 6. The development is required to adhere to the City's maximum 3 : 1 slope criteria. 7. The development is required to provide storm sewer to adequately accommodate the storm water runoff which is currently conveyed by the rural ditch section along Dodd Road. 8. The development will be required to provide emergency overland outlets from all low areas. Page 5/EAGAN ADVISORY PLANNING COMMISSION MINUTES October 24, 1989 9. A storm sewer outlet is required for Block 4 to collect the storm water runoff water in the backyard low area. 10. A 50 foot half right-of-way is required for Dodd Road. 11. The development is required to provide sanitary sewer, storm sewer, and water main stubs to all adjacent properties as determined by City staff. All voted in favor. ADJOURNMENT Miller moved, Graves seconded, the motion to adjourn the meeting of the October 24, 1989 Advisory Planning Commission at 7 : 50 p.m. All voted in favor. Secretary - Eagan Advisory Planning Commission MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 15, 1989 SUBJECT: INFORMATIVE COPY OF SPEECH/RECENT AMM POLICY ADOPTION CONFERENCE The City Administrator was present at the November 2 evening AMM policy adoption conference and House Majority Leader Dee Long was the keynote speaker. The recent League of Mi nesota Cities Bulletin includes excerpts of her speech, a copy is enclosed on pages � throughZ�. HISTORY COMMITTEE The History Committee met on Thursday, November 16 at 5:00 p.m. to begin organization and coordination of the Old Town Hall restoration project. Enclosed on page -5y is a copy of a letter that was sent to City Councilmember Wachter by Governor Perpich giving congratulations on being selected as a Celebrate Minnesota 1990 grant recipient. LETTER OF ACCOMMODATION/WILLIAM SULLIVAN Enclosed on page �Z4s a copy of a letter from William Sullivan to the Eagan Fire Department and Police appraising their efficiency and professionalism in responding to a severe smoke backup at their home. EXPLANATION OF CHECKS/NOVEMBER 9 CITY COUNCIL MEETING There were three (3) checks that were questioned at the last City Council meeting and the following is an explanation: 1. Check #311857, entitled Bale Butts - These are hay bales for the archery range at Walnut Hill Park purchased from B and B Supply Company. 2. Check #311899 - The check in the amount of$396 to International Tours of Eagan is for two plane flights for Chief of Police Geagan and Lieutenant Swanson who are attending an accreditation school in Houston this week. The $396 total is for both airplane tickets. 3. Check #311E53 - The games and fitness instructor received compensation at the rate of $8.50 for 9.4 hours and Julie Erb is a park program instructor who teaches one of the recreational classes. Her salary is reimbursed by a user fee to those participating in a class. LEAGUE OF MINNESOTA CITIES POLICY ADOPTION MEETING The City Administrator attended the League of Minnesota Cities' policy adoption meeting that was held on Thursday, November 16 in Minneapolis. There were a number of issues discussed including environmental, open meeting law, property tax, transportation and the proposed legislative policy/priorities which include 1) development strategies, 2) elections and ethics, 3) general legislation and personnel, 4) land use energy, environment and transportation, 5) revenue sources, and 6) federal legislative. TRANSITIONAL HOUSING PROGRAM The Community Action Council is proposing a transitional housing program by maintaining homes that were foreclosed by the U.S. Department of Housing and Urban Development, as temporary housing for families. Apparently, homes are held for approximately two years by HUD and resold and the CAC will enter into a two year lease with that agency making the properties available for temporary housing. For additional information on this program, refer to a memo drafted by -Frr nk Brennan, Executive Director of the CAC, and enclosed on pages 53 through- 4� . MINNESOTA VALLEY HUMANE SOCIETY WRITE IN The City Administrator has received nine (9) additional post cards from residents asking that the City Council support the Minnesota Valley Humane Society of Dakota County and their objectives to build an animal shelter for the county. The post cards are identical to those copied in a recent informative packet. These will be kept on file and if any member of the City Council would like to inspect the cards and review the names, they will be made available. RECYCLING UPDATE Enclosed on pagesSS and 6, is a copy of a memo from Kris Hageman, Recycling Specialist, providing an update on the progress and results of the City's recycling program. Also enclosed without page number are a pamphlet and flier regarding recycling. SNOW REMOVAL INFORMATION Enclosed on pages SI and SP is a copy of the information sent to the newspapers and new homeowners regarding the City's snow removal and ice control program. /S/ Thomas L. Hed e��s City Administrator League of Minnesota Cities • • • Cities Bullet.in Number 30 (Interim) November 9, 1989 Revenue Department provides House Majority truth in taxatioii language to Leader Long explain aid shift warns less aid Specific language for cities to use to accurately explain the state aid shift of dollars for cities from cities and towns to school districts in their truth in taxation hearing advertise- ment is now available from the Revenue Department.The Revenue Department has House Majority Leader Dee Long(DFL- provided at least two cities this specific language. The following alternative Minneapolis)addressed the Association language is from Assistant Commissioner Dennis Emo. of Metropolitan Municipalities at its November 2 policy adoption conference. The City of Spruceville is proposing to increase total property taxes for 1990 by$ over 1989 taxes. Of this amount,$ will replace state aid shifted In her speech, Long said that there has from the city to the Spruceville School District. This results in an increase of been an increasing sentiment among percent in property tax collections for the city. If state aid had not been legislators that counties have not been shifted,the increase would have been percent. See House Majority,page 3 Total amount proposed$ (This language is intended to replace the first paragraph of the newspaper advertise- ment). At this point, experiences with the truth in taxation requirements for Minnesota ' cities do not indicate an increase of attendance at budget hearings or other involvement in cities,budget and levy setting processes. In addition,although many have believed that citizen participation would have the effect of reducing local governments,spending,and/or levy,many of the citizens attending hearings have come requesting spending increases for specific causes. The League urges all cities,particularly those participating in truth in taxation this year,to extend specific invitations to their state representative and senator to attend their truth in taxation hearings. It will be valuable for legislators to have first hand experience with the implementation of these new requirements. The League will conduct a survey of the cities required to comply with truth in taxation in 1989.The League will collect information changes made to the original proposed levy amounts.Information collected will be used to prepare for succeeding House Majority Leader Dee Long. years of the program. SH League photo by Donald A. Slater Action Alerts • Congress considering proposal to restrict CDBG Printed on recycled paper — Nouse Majority,continued receiving enough state assistance to fi- that the Legislature is not totally respon- State programs-originally intended to nance their program mandates, "while sible for property taxes.LH work together to reduce and equalize cities have been getting the lion's share property taxes--have become so com- of additional funds and have fewer Excerpts from Majority plex that they interact to magnify tax mandates." Given that mood among Leader Long's speech follow: inequities among taxpayers. legislators, Long warned that it is pos- sible that more aid could be shifted away Any tax system must be understood by Everyone who has studied the Minne- from cities and toward counties and school average citizens if it is to have their sota property system agrees that facto- districts in the future. tolerance, let alone their support. Min- ries,stores,offices,rental property and nesota's property tax and local aid sys- higher-value homes carry too much of In commenting on the possibility of tem is large, complex and little-under- the load. propertytax changes in the 1990legisla- tive session, Long indicated that she Increasingly,all classes of property,local hopes there will be very little tinkering State and local government finances are governments and schools, and every with the property tax system,especially so entangled that taxpayers don't know region of the state,are competing fiercely since she believes there will be very whom to blame when property taxes go at the Legislature for a bigger slice of a little state money to make any major up nor whom to thank when they don't. limited pie. changes. Long, however, said that she expects the issue of instituting a perma- State government pays a large share of More and more state dollars are being nent equalization formula to be raised in local spending, yet at the same time, consumed just to limit property tax in- the 1990 session. fails to adequately fund mandated serv- creases, while fewer and fewer dollars ices. are available for broad state needs and Long said the Legislature, through the initiatives. Legislative Commission on Planning and See Excerpts,page 4 Fiscal Policy,will study alternative Local Government Aid (LGA) formulas �= throughout the upcoming year in the r , hope of building a consensus for reform. ° vii ,�,. 4 •_: ,+►, She indicated that past LGA formulas have lacked a good definition of need since they have generally used past spend- ing as an indication of need,tending to "reward those who have been profli- gate."The purpose of the LGA formula, Long said, should be to "pay for state mandates and allow basic services to be provided, regardless of ability to pay." Long said that although she is "not a strong advocate for wholesale equalization....ability to pay has to play a part in any formula."Changes in LGA, however, would be "gradual, not mas- sive,"she said. ` On the issue of levy limits, Long said that the elimination of levy limits in Pay ."' ,. 1992 for cities would depend upon what happens with statewide levies. "If we ¢ see double digit property tax increases statewide, then levy limits will stay in place,"she said. Long also expects the _.. new truth in taxation process to make clear to taxpayers who is responsible for levying property taxes. According to Over 100 mayors from Minnesota attended their annual conference on October 20- Long,the elimination of levy limits will 21 in Rochester. depend upon the public understanding League photos by Donald A. Slater November 9, 1989 Printed on recycled paper page 3 Excerpts,continued This fall is the slartingpoint for compre- •Localgovernments willpay more of the Property taxes shouldprimarily be used hensive restructuring of the Minnesota costs of programs they control. to support local services,so that a change statelloeal fiscal system. in the level of services is reflected di- -Some programs will be jointly funded redly as a change in property tax bur- The time has arrived to concentrate on where responsibilities are shared,and to den. system improvement for the long term. encourage cost efficiencies. It should not reward unnecessary spend- The first step is to bring together all of - The new fiscal system should address ing by local governments.But the state the policies and programs that affect the considerable variation in tax base should not punish local governments that property taxes under the Legislative and other revenue resources among lo- have high-cost problems or low property Commission on Planning and Fiscal cal units and in income andassetsamong wealth. Policy. individuals. The state will direct more dollars to The commission and the administration The philosophy of LGA and state reve- mandated programs--and that probably will work together--and 1 hope that we nue sharing is not only based on the fact means less general aid for cities. will have full participation from local that state actions affect local govern- elected officials--as we attempt to sort ment spending.A new state local reve- The positive side of that equation is that out overlapping responsibilities of the nue system should promote some degree you will have more flexibility to make state and local government, determine of equalization but be neutral toward your own decisions about service levels, which services are essential at each level, local spending decisions. and will receive state support for those and assess the fiscal capacity to provide services which the state requires. them. The commission also will conduct a representative expenditure study to meas- Reading �OY�� ure the relative service needs of cities, counties, towns, and school districts. The report is due in November, 1990. W rit i ng for. The study could be conducted by outside consultants--for example,the ACIR and at least one national consulting firm have expressed interest in the project-- If you're looking for some good ht be carried out b the commis- reading, you've just found it. or it might Y The tree Consumer Information sion'sstaff. Reminder Catalog. My own view is that past efforts at re- The Catalog lists about 200 - form have failed over disagreements The League of Minnesota federal publications, many of -*m4 Cities staff would like to them free. They can help you attempting to define what are "essen- remind city officials to keep eat right, manage your money, tial" services, and what constitutes stay healthy, plan your child's us informed,on an on-going education, learn about federal equity to revenue sharing.h would be h� basis, of any changes in benefits and more. helpful--and might be essential--to have elected officials, clerks, objective analysis of those issues from managers, or department So sharpen your pencil. Write the world beyond Minnesota. heads in your city. for the free Consumer Information Catalog, And get In addition to recognizing the need for reading worth writing for. This will help us keep our reform,the Legislature and the admini- records up-to-date at all stration agreed on the major principles times. �4' for reform: r Thank you for your • The state will pay all--or most--of the cooperation. Consumer Information Center costs of programs and services it re- Department RW quires. Pueblo, Colorado 81009 page 4 Printed on recycled paper LMC Cities Bulletin :59 STATE OF MI 'NESOTA �--. OFFICE OF THE GOVERNOR J tt- "�• ST. PAUL 55155 RUDl PERPICH GOI ERNOR November 8, 1989 Mr. Theodore Wachter 3530 Pilot Knob Road Eagan, MN 55122 Dear Mr. Wachter: Congratulations on being selected as a Celebrate Minnesota 1990 grant recipient. The competition was keen, and each and every one who was involved in the development of your proposal is to be commended for their initiative and hard work. I am very pleased with the overwhelming enthusiasm communities have demonstrated for holding "a celebration of the places we call home. " We have much to be proud of in Minnesota, and I look forward to joining you in a statewide celebration. Thank you for the time and energy you and your community are volunteering to beautify and celebrate our great state. Best wishes with both your project and your celebration. Sincerely, qRUDYRPICH Governor AN EQUAL OPPORTUNITY EMPLOYER Eagan Fire Department c/o Eagan City Hall 3830 Pilot Knob Road Eagan, Mn. 55122 To Whom it may concern; We recently had a severe smoke backup in our home due to error or accident in lighting a fire. The fire department (and police) were so efficient and professional in their actions to elliminate the problem, I want to formally express my sincere thanks to all the people involved. This example of proficiency of our Fire department gives my wife and myself enormous confidence in our safety, and the protection of our lives and property. Thanks to all who were there that evening. Mr. and Mrs. William C. Sullivan i, Community Action Council, Inc. 14451 County Road 11 Burnsville, Minnesota 55337 (612) 431-21128 A United Way Agency Founded 1970 Francis B. Brennan Executive Director DATE: November 7, 1989 TO: City Managers FROM: Frank Brennan Executive Director COMMUNITY ACTION COUNCIL Community Action Council , Inc. RE: Community Action Council Transitional Housing Program I am pleased that we had the opportunity to brief you and your colleagues about our Transitional Housing Program at the recent City Managers ' meeting. I am also grateful for the show of support we received. And, as promised, I am writing you this letter outlining the program as it should develop. Community Action Council (CAC) currently maintains a single-family home in Lakeville for the temporary lodging of families who otherwise may be homeless or compelled to leave the county. This is not a shelter in the same sense that shelters are maintained for transient population in Minneapolis and St. Paul . It is transitional or temporary housing where in a family may reside when temporarily displaced. It is not intended for singles or even for couples without children, but for parents with children. The U.S. Department of Housing and Urban Development (HUD) is making some of "Is fvr^^.i VnJadu property avai lable +0 nOnNrvf'i+o throughout +Lp Cvan}y on a lease. The Dakota County Board has designated the CAC as the nonprofit to receive such leases in Dakota County. To this end, CAC will apply for several foreclosed homes which will be held on 2 year leases. We wil' then make these properties available for temporary housing for families. Programs Armful of Love Clothes Closet Sexual Assault Services B. Robert Lewis House B. Robert Lewis House Emergency Services Single Parent Loan Program 4345 Nicols Road Chemical Dependency Awareness/ Food Pantry The Women's Program Eagan, Minnesota 55122 Burnsville Furniture Bank Transportation (612)452-7288 Chemical Health Program/ Help Line Volunteer Coordination Farmington Housing Program Volunteer Income Tax Assistance Child Care Referral Multi Service Center Youth Opportunities AN EQUAL OPPORTUNITY EMPLOYER The features of this program will be as follows: 1. Only single-family homes will be used. 2. Only families with dependent children will be housed. 3. The houses will be scattered throughout the county and no municipality will have more than one house. 4. The housing is intended for Dakota County residents with a primary focus on keeping children in their home school districts. 5. CAC and its volunteers will keep the property in good condition. 6. Dakota County HRA has agreed to provide needed repairs and maintenance. 7. Some 25 churches are committed to assisting CAC in this endeavor with funds and volunteer help. 8. CAC staff will interview and screen applicants to assure appropriate placements. 9. The families will stay approximately 2-3 months while CAC and other resources assist them towards self-sufficiency. In summation, we hope that CAC can develop a model for temporary family housing which can serve the residents of our community who may find themselves in need of help. I i MEMO TO: CITY ADMINISTRATOR HEDGES FROM: RECYCLING COORDINATOR HAGEMENZ� DATE: NOVEMBER 17TH, 1989 SUBJECT: RECYCLING PROGRAM UPDATE Tonnage/Participation The reports generated from the hauling community have indicated participation rates between 50% and 75% for the curbside collection program over the last seven months. Tonnages for the first half of the year, from both drop-off centers and curbside collection, came in at 959 tons. This weight is primarily glass, aluminum and newspaper although corrugated cardboard and plastics are accepted at the Recycle Minnesota Resources drop-off center also. Our abatement goal for 1989 is 9% of the waste stream or 1, 882 tons and I am confident we will reach that number. We are also able to use our yard waste volumes in the abatement equation which should enable the city to surpass the set goal. Municipal Compost Site The compost site closed for the season on November 18th. The site will be measured for a final time in the next week to monitor final volumes. It was measured on October 23rd after two weekends of heavy use. The volume of the grass and leaf pile was 2,250 cubic yards and the wood waste pile was 440 cubic yards. It is estimated that the wood waste volumes averaged 400 cubic yards each month during the summer months. The Parks Department and area residents used the material at a very rapid rate. All of the finished compost from last year's operation has been taken by residents. Plans over the winter months will include evaluating the current site operating capacity and working on alternative program operations for the spring. Multi-Unit Recycling Program Just over 700 of the 4,812 multi-unit dwellings have come on line with recycling collection opportunities. The multi-unit program will be a priority for our expansion in 1990. We are required by Dakota County to have recycling collection opportunities available to all multi-units in the city by the end of the year. I have produced some informational pieces for buildings to distribute while recycling programs are being organized. I hope to have this information distributed to all buildings within a few months. SS The city's role in implementing the multi-unit program has been and will be to help with informationl/educational materials and act as a liason between the area haulers and building managers. Staff is also working on arranging subsidy levels with the haulers. Individual design for the program will be a key to it's success. Each building is unique in it's capacity for collection equipment, participation by maintenance staff and residents, support from building management and more, which means individual attention will be needed for each new program set up. Commercial/Institutional Recycing Proqram Commercial recycling is another program we are working on. We have produced a guide for businesses and institutions on how to design and implement an office paper recycling program. We will be distributing this guide at a luncheon presentation to the Eagan Chamber of Commerce this month. From this initial contact and mailings to additional businesses throughout the city we will continue communication and offer support when needed for program start up. Promotional Activities I have enclosed a copy of the latest informational piece which was distributed with the last citywide newsletter and is also mailed to new residents. Also the informational door tag for the multi-unit program is enclosed. We continually promote the program through area newspapers and use of the local Cable Access Channel. School presentations will be scheduled for the early part of next year to speak to grade school and highschool students. On November 13th we found the 14th Cash for Trash winner. Victoria Jabbra of 1590 Mallard View won $700 for her participation in the program. Earth Day 1990 Earth Day 1990 (April 22) will be a global demonstration of citizen concern for the protection of the Earth. I hope the City will take an active role in participating in this week long event (April 22-29) . Planning the Community Clean Up Day would fit in very well with the week's activities. We will be brainstorming for additional activities we can promote and be a part of throughout the coming months. ,5w SNOW REMOVAL INFORMATION Winter has arrived and brings with it the Public Works Department's responsibility to perform it's snow removal and ice control program in the fastest, most efficient and economical manner possible. This can only be achieved through a concerted effort of the residents and the businesses of our community, in cooperation with our maintenance personnel. Snow Plowing Routes With the addition of many new streets in Eagan, the Public Works Department will be contracting one mainline route and one cul-de-sac "route for snow plowing in the easterly area of the City. For the 189-190 snow season, this will bring our total to 11 mainline and 10 cul-de-sac routes, which will have the responsibility to maintain more than 200 miles of streets and over 475 cul-de-sacs or dead ends. Cul-De-Sac Plowing In order to complete our snow plow routes in the most efficient manner, the Public Works Department will be incorporating the cul- de-sacs into our mainline routes. Depending on type of equipment, amount of snow, and other weather conditions, the mainline plows will enter the cul-de-sac and in a clockwise movement, place the majority of snow in the center of the cul-de-sac. Smaller plowing vehicles and loaders will be used for cleanup and widening of cul- de-sacs to the curb line. Eagan Parking Ban To help make for easier and more efficient snow removal, the City Council has established parking regulations which are in effect from November 15 to April 15 of each year. Based on an odd/even day system, the restriction is in effect from 6 a.m. to 6 p.m. each day. Parking is allowed only on the odd numbered side of the street on odd numbered calendar days and only on the even numbered side of the street on even numbered calendar days. Parking is allowed on both sides of the street from 6 p.m. to 6 a.m. Automobiles not in compliance with the new parking regulation may be ticketed and/or towed. 57 Please Remove Curbside Ob 'ects Snowplows plow the snow onto the boulevard area adjacent to the street (7 to 13 feet from the curb) . Any object that could hamper or be damaged by the snow removal operations should be removed from this area (fences, landscaping, etc. ) . Garbage awaiting pickup should be set in at least eight feet from the curbline. Mailboxes should be installed 48" above the street level and should not extend beyond the back of curb. Ouestions If you have any questions regarding snow removal procedures, please contact the Superintendent of Streets at 454-5220. Any questions pertaining to a vehicle that has been towed should be directed to the Police Department at 454-3700. For an update on snow removal operation and parking restrictions, please call 454-1010 for a recorded message. County Road Plowing Snow removal on the following roads is the responsibility of the Dakota County Highway Department: Lone Oak Road (#26) Cliff Road (#32) Yankee Doodle Road (#28) Lexington Avenue (#43) Diffley Road (#30) Pilot Knob Road (#31) Any calls pertaining to snow and ice control on these county roads should be directed to the Dakota County Highway Department at 431- 1150. Your patience, understanding and cooperation are greatly appreciated by your neighbors and the personnel who will be putting in long hours to clear our streets as quickly as possible. Please be assured that we will make every effort to perform this operation in the most efficient manner possible. Thank You! 11/9/89 lb:snownews. let :59 SPECIAL CITY COUNCIL MINUTES NOVEMBER 14, 1989 Eagan, Minnesota A special City Council meeting was held on Tuesday, November 14, 1989 at 5:00 p.m. at the Eagan Municipal Center Building to consider a bid award for General Obligation Bond Sale and update on the completion of drainage improvements in the Stafford Place Addition. Those present were Mayor Ellison and City Councilmembers Egan, Gustafson, McCrea and Wachter. Also present were Director of Public Works Colbert, Director of Finance VanOverbeke and City Administrator Hedges. GENERAL OBLIGATION BOND SALE Mr.Dave MacGillivray,the City's fiscal consultant representing Springsted,Inc.,appeared and reported that bids were received at 2:00 p.m. for the sale of $9,325,000 of General Obligation Improvement Bonds to finance approximately 33 public improvement projects throughout the community. He stated that five (5) bids were received and the low bidder was the Trust Company Bank of Atlanta With an interest rate of 6.42531%. It was acknowledged by members of the City Council that the rate of interest is extremely favorable and it might be advantageous for the City to consider the refinancing of outstanding bonds that have a much higher interest rate. After further review of the bids, a motion was made by City Councilmember Wachter, seconded by City Councilmember Egan, with all members voting in favor, that the low bid submitted by Trust Company Bank of Atlanta, with an interest rate of 6.42531% for the purchase of $9,325,000 of General Obligation improvement Bonds be awarded. EQUIPMENT CERTIFICATE SALE Mr. MacGillivray also reported on bids that were opened at 2:00 p.m. on November 14 for the purpose of selling $290,000 of equipment certificates for the purpose of funding certain capital equipment items. He stated that there were three bids received with the low bidder Norwest Investment Services with an interest rate of 6.1894%. After a brief discussion, a motion was made by City Councilmember Egan, seconded by City Councilmember Gustafson, with all members voting in favor, to approve the low bid of Norwest Investment Services with an interest rate of 6.1894%to purchase the $290,000 of equipment certificates that would finance the purchase of certain capital equipment for City departmental operations. STAFFORD PLACE Director of Public Works Colbert reported that the new reorganized Frontier Homes and Delta Development have reached agreement which will allow Frontier Homes to build out residential homes in the remainder of the Stafford Place Addition. He further reported that the necessary letter of credit and other agreements are being offered by Frontier Homes to allow corrective action to proceed on the various drainage Issues. City Councilmember Gustafson suggested that the Stafford Place item be placed on the December 5 City Council agenda for an update and, assuming that corrective measures have been taken for the drainage issues, consideration can be given as to whether the notice for cure and default should be lifted on the Stafford Place development agreement. Mark Parranto, representing Delta Development, appeared and reaffirmed Mr. Colbert's report that Frontier Homes and Delta Development Corporation have reached agreement that Frontier Homes will be the owner and builder of the remaining lots in the Stafford Place Development. OTHER BUSINESS City Administrator Hedges requested that the City Council meet briefly in executive session to discuss a personnel matter consisting of labor negotiations. ADJOURNMENT There being no further business, the meeting was adjourned at approximately 5:20 p.m. TLH Date City Clerk w* MINUTES OF A REGULAR MEETINQ.. OF THE EAGAN'%':d-!TY COUNCA ;:-':' EAGAN : W. ? : NOVEMBE�t,: 3:a:;;�?�89 A regular meeting of the Eagan City Council was held on Thursday, November 9, 1989 at the Eagan Municipal Center. Present were Mayor Ellison and Counci.;l i ir$ :-wa.mlater, Egan, Gustafson and McCrea. Also present were City k&z.il$tr&--t-#r- Tom Hedges, Community Development Director Dale Runkle, public Woks Director Tom Colbert and Assistant City Attorney Joseph Earley..., City Administrator Tom Hedges informed the Council that the following items should be continued: Consent Agenda items - C. (Final Plat, Town Centre 100 Fifth Addition/Waterford Apartments) , E. (Final Plat - Stratford Oaks), F. (Final Plat - Whispering Woods Fifth Addition) , and G. (Amendment to Development Contract - Hills of Stonebridge II ) ; and Old B item - B. (Final Ratification - Park and Trail Dedication Po2icy � ,;,He also stated that an item under Old Business - F. (Contract. 89�2A :::Receive Bids/Award Contract — Stratford Oaks/Storm 4j4id Sanitrax- . Sewer) should be cancelled. Wachter moved, McCrea seeoriied, the motion to approve the agenda as amended. All voted iii favor. MINUTES October 17 , 1989. McCrea moved, Wachter sed6hd-6d, ''t)ie 'M"O'tion to approve the minutes for the October 17, 1989 regular CQ�hcil meeting as presented. All voted in favor. October 10, 1989. Gustafson moved, Wachter seconded, the motion to approve the minutes for the October 10,1989 special Council meeting as presented. All voted in favor. POLICE DEPARTMENT/SOUTH METRO TASK FORCE-:*: . INT POWERS AGREEMENT City Administrator Tom Hod woxAumta�l.�okl the Joint Powers Agreement. Police Chief Geagan"ihformed`'.tYie'`•Council that the Task Force was successful and that it had far e,%:i*eded expectations. He pointed out that it was a federal government grant. Page 2/EAGAN CITY COUNCIL MINUTES l ' November 9, 1989 Councilmember Gustafson :Aked what share of the dollars went to the Task Force. Police Chief::•Geagan .ted one-third of the dollars went to the Task Force. ::Oblxn:o; .l-. i�7tiber Egan asked if there were still drug problems or if tYie'::pr:oii'iems had been solved. Police Chief Geagan stated that the drug problem was alarming and continuing. He reported that the DARE project was up and running and that it was well received by the schools. Councilmember McCrea commented that her daughter Kaa;,. *;.sed with the police officer working with the DARE program. Councilmember Wachter questioned if ti City had adequate office space for the Task Force and .whether:::the City furnished the secretary. Police Chief Geagan .state4:, that ;office space was tight but that there were advantages to'::hav'ing ahiem in the building. He explained that the secretary wa.s' employed by the City of Eagan with all benefits but that the Task Force reimbursed the City for the expense. Councilmember Wachter questioned if the City of Eagan could withdraw from the Task Force."*'* . orce. . ice Chief Geagan stated it was possible and that the Cities :QI'N(vage and Prior Lake had done so. Egan moved, Gustafson seconded, 'tne'li otion to approve authorization and execution of the 1990.,; 61"t Powers Agreement for the South Metro Task Force. All v� qd J-#:::favor. PUBLIC W¢ S 'DEPARTMENT/ GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION APPOINTMENTS City Administrator Tom Hedges updated the Council on the recent resignations from members of the organization and the need for replacement of the member r>.:.:.G4un-a 3membex Egan requested that the organization not remain tfispi:;: savy:: t .> :hat- a citizen replace City staff as soon as possible. d Wachter moved, McCrea seconded,,::the motion to accept the resignation of Tom Walkington from -Eb Gun :�jub Lake Water Management Organization and appoint LuAnn Xiderks and John Vandelinde as full Board members with Mike Foertsch, the designated alternate. All voted in favor. PUBLIC WORKS DEPARTMENT/COVINGT'.ON LANE - PETITION TO RESTRICT ON-STREt�':: PARKING City Administrator Tom Hedge . 1.trq4=,0d the matter. Public Works Director Tom Colbert soma iz*...tll, V tit ion and recommended the restriction from 9:00 a.m. to 9:00 p.m......_.from May 1 to September 15 Mayor Ellison stated the parking lot was small and questioned where citizens would park. Public Works Director Tom Colbert Page 3/EAGAN CITY COUNCIL MINUTES _•, ; November 9, 1989 explained that the citizens 0.*:i7;ld have to ,:dark further down the street. Mayor Ellison felt that . arkingttther down the street would be inconvenient. Mr. Coli�4*;. me out that it was a concern. Councilmember McCrea had questions regarding the comment on the petition statement of "Why is this petition -two years late in coming?" Public Works Director.,To Calbexa.....nformed the Council that the residents had been w�0M4-N:-::W ji-.:.t# k Park Department and the Athletic Association. Mr. Hedgee: repoz`td that he had spoken with Mr. Evans on several occasions:':'and that past requests had really been only during the last two,: summers, not all year long. Councilmember Wachter fe,1- t—:h* b e i was the intersection and that the restriction should-be for -the intersection only. He stated that parking problems go with a park. Mayor Ellison commented he felt there was a need for on-street parking or the users of the park would have problems. Councilmember McCrea asked if citizens generally parked in the parking lot first and then the street. Mr. Hedges reported that; generally the on-street parking filled first and then the park�i l.�ot... He suggested the need for signs to direct citizens to the 'parc .apt. Public Works Director Tom C01�bert pp�rr'ted out a correction to the packet. He stated that the pax't,4,4i restriction for on-street parking was for the north side:.:.* dovington Lane. Councilmember Wachter suggested possibly having citizens put signs on windshields informing the residents of the parking lot. Wachter moved, Egan seconded, the motion to receive the petition and deny the restrictions for 4n.-street parking of Covington Lane (Johnny Cake R3aCie Fazssa Way) and to direct staff to establish the best way to reify tkte residents of the parking lot. All voted in favor. FIRE DEPARTMENTJCHTEF SOLqRORN Mayor Ellison congratulated Fire Chief Southorn for being re-instated as Fire Chief in the recent election. CONSENT AGENDA A. Personnel Items. •• 1. Use of Sick Leave forehest`:iot'3vties Policy. Councilmember McCrea informed the CouriC-il that the Personnel Committee had met with City staff and after:::the meeting the Committee felt all of the Personnel policies were good. She Page 4/EAGAN CITY COUNCIL MINUTES November 9, 1989 !I requested staff keep an accou� ng of th6:*:.�ionetary cost to handle the policies It was recommended to approve'*`t�e Use of Sick Leave for Wellness Activities Policy" as presented retroactively effective for covered programs participated in since January 1, 1989. 2. Sick Leave Accrual Pol.•icy:.:::::•.•.:•.• It was recommended to approve the "S**' Leave Accrual Policy" as presented, to be actively enforcer begiiihing January 1, 1991. 3. Aids and Aids-Related..Gopd3tsans.:' 33i the Work Place Policy. Councilmember Gustafson suggested%%ai"•change to Item 6 in the Aids Policy. He requested rephrasing the paragraph to read that all medical information obtained from employees would be held confidential It was recommended to apptr.ove the "Aids and Aids-Related Conditions in the Work Place Pa1*..;0­ ".:.:for the City of Eagan, effective immediately. 4. Drugs/Alcohol Free Work Piaee.:.Po It was recommended toapprcre the "Drugs/Alcohol Free Work Place Policy" for the City of..Eagan, effective immediately. B. Declare Surplus Property,. two 16-channel Micom Multiplexors. Councilmember Wachter qu0t:nn- additional channels would ever be needed by the Cityit :A+cnistrator Tom Hedges explained that City staff had reviewed the-jpatter and felt that there would be no need for the additgnal %channels in the future. It was recommended to authori.ze:`As sutolus property two 16-channel Micom Multiplexors to be sold to 'the City of Lakeville in return for two 8-channel Micom Multiplexors plus $2,000 in payment to the City of Eagan. C. Final Plat, Town Centre 100 Fifth dtion. It was recommended to continue the fi 'n'al plat for Town Centre 100 Fifth Addition/Waterford Antentrr3ect to the December 5, 1989 City Council meeting. D. Final Plat/Eagan Evangelical Churc4-":*:: It was recommended to approve the final plat for Eagan Evangelical Church. Page 5/EAGAN CITY COUNCIL MINUTES November 9, 1989 E. Final Plat/Stratford 64ks. • TST. It was recommended to cont 3riNt ': nal plat for Stratford Oaks to the November 21, 1989 City :bo6 it meeting. F. Final Plat/Whispering Woods Fifth Addition. It was recommended to cont-J. .•thy irkal plat for Whispering Woods Fifth Addition to the Ksuunbex: f ':x.9$9 City Council meeting. G. Amendment to Development Coritract 'tor Hills of Stonebridge It was recommended to coU .; t the development contract for Hills of Stonebridge II to include a revised Exhibit B to the November 21, 1989 City Council meeting. H. Resolution Authorizing City to Enter Agreement with State of Minnesota for CELEBRATE MINNESOTA 1990 Program Grant. It was recommended to aj 0.4 a::.resolution authorizing execution of a grant agreement between the,..City of Eagan and the State of Minnesota for the project ent1t1ed;.;:1175th Birthday of Old Town Hall" , a restoration project to.;bscleted prior to June 30, 1990. I. Authorization, Cooperative Agreement to Participate in the CDBG Program. It was recommended to authorize execution of the Cooperative Agreement to Participate in the CDBG Program as presented. J. Project 5831 Receive Feas$bilty :7eportZOrder Public Hearing (Park Center Addition - Stree:ts and•:•Utilities) . It was recommended to receive t feasibility report for Project 583 (Park Center Addition - §S reet$::;;and Utilities) and schedule a public hearing to be held on December 5, 1989. K. Project 578, Receive Feasibility Report/Order Public Hearing (Sibley Terminal Industrial Park - Storm Sewer) . It was recommended to receive the fear-tbility report for Project 578 (Sibley Terminal Industrial Park'- Storm Sewer) and schedule a public hearing to he:.: #e t 'c ::;: e3nber 5, 1989. Page 6/EAGAN CITY COUNCIL MINUTES November 9, 1989 L. Project 574, Receive ffibliteport/Order Public Hearing (Eagandale Center Indui�txia : I'4a.Jz - Streetlights) . It was recommended to receive the feasibility report for Project 574 (Eagandale Center Industrial Park - Streetlights) and schedule a public hearing to be held on December 5, 1989. M. Approve Resolution Rec a 3. '. i 4.. .Speed Limit Determination (Lone Oak Drive)':" "' - It was recommended to approve :&%resol-ution requesting MnDOT to perform a speed study on Lone Oak O.U.ve f #ri Lone Oak Parkway to Lone Oak Road (County Road N. Project 86-EE, Final Acceptance (Park Knoll —Streets and Utilities) . It was recommended to accept the improvements installed under Project 86-EE (Park Knoll - Sr ets and Utilities) for City maintenance. O. Project 88-D, Final AcceR.: .anc(6 '. :$uffer Hills Addition Streets and Utilities) . It was recommended to acGe .t z, improvements installed under Project 88-D (Buffer Hills Addition - Streets and Utilities) for City maintenance. P. Project 88-A, Final Acceptance (Pond View Addition - Streets and Utilities) . It was recommended to acc.e Stip v3ements installed under Project 88-A (Pond View Addition - Streets .j�nd Utilities) for City maintenance. Q. Project 89-P, Final Acceptant; (Raim""zssen College - Utilities) ' It was recommended to accept the improvements installed under Project 89-P (Rasmussen College - Utilities) for City maintenance. R. Project 88-M, Final Acceptance (Pot: $ Addition - Sanitary Sewer) . It was recommended to aci '' eirt ?sements installed under Project 88-M (Potts Addition- Sanitary Sewer) for City maintenance. Page 7/EAGAN CITY COUNCIL MINUTES November 9, 1989 S. Contract 89-14, Approve::Change-OiNr No. 1 (Coachman Water Treatment Plant - Dehumidificacn�:;: Councilmember Wachter had questions regarding the water hammer and whether there was an air chamber. Consulting Engineer, Bob Rosene, responded to Mr. Wachter's questions. It was recommended to apQe:::C# . birder No. 1 to Contract 89-14 (Coachman Water Treatment, P1�t s ''''-''D4Z :umidification) and authorize the Mayor and City Clerk :t*i exech a all related documents. T. Contract 88-24, Approve CYh, " Or.. r No. 3 (Lexington Avenue Reservoir). Councilmember Wachter asked if the need for the revision was discovered after the project began. Public Works Director Tom Colbert stated it was found necessary in order to integrate the stations. It was recommended to agj4. :Sm:.;.Change Order No. 3 to Contract 88-24 (Lexington Avenue Reservo �r- .� t :authorize the Mayor and City Clerk to execute all related docurgerits. U. Vacate Portion of Lexingttan •: R-ight-of-Way, Receive Request/Order Public Hearing. It was recommended to receive a request to vacate a portion of Lexington Way right-of-way and schedule a public hearing to be held on December 5, 1989. V. Vacate Portion of TruAk Iightra,X- ,,..13.,...-Receive Request/Order Public Hearing. It was recommended to receive a:'.reque�r, to vacate a portion of old Trunk Highway 13 and schedule a Wblic #*:�:aring to be held on December 5, 1989. W. Authorize Termination of Declaration of Roadway Easement (Eagandale Center Industrial Park 7th Addition) . It was recommended to authorize the termination of a declaration of roadway easement for the Eaggpdale Center Industrial Park 7th Addition and authorize the Mayor ifid City Clerk to execute all related documents. X. Vacate Portion of Cedarvale Boulevard Receive Petition/Order Publfc Hearing (Cedarvale S .*Dp g Center) . Councilmember Egan asked if the only hold up in the past had been the execution of the Agreement. Public Works Director Tom Page 8/EAGAN CITY COUNCIL MINUTES November 9, 1989 j Colbert responded that the co�.tinuance off:::�-he matter in the past was to allow execution of the 4i reement y:: It was recommended to receive the petition to vacate a portion of Cedarvale Boulevard (Cedarvale Shopping Center) and schedule a public hearing to be held on December 5, 1989. Y. Receive Quotes/Award Rr.o ect., �s � nt Management System. n ...a.... !!!r It was recommended to -receive t;�e qud 6s and authorize the purchase of the Pavement Management:`Ystem:`irom the apparent low bidder, Braun Pavement Technology 1'n,:.the Mount of $14,978.00. Z. Public Works Departmen. �:t.operaV.::Aoquisition for Water Utility Purposes (Northeast corner of Pilot Knob and Cliff Roads) . It was recommended to authorize the acquisition of Parcel 010-57 in the southwest quarter of Section 27 from Dakota County for approximately $7,000 and authorize the Mayor and City Clerk to execute all related documents. Wachter moved, Gustafson seconded :the . motion to approve the consent agenda items as amended, ;:and aizthox. ze their implementation. All voted in fay .'. CABLE INSTALLATION FOR.. j, STATIONS NO. 4 AND NO. 5 City Administrator Tom Hedges introduced the matter to the Council. Councilmember Wachter had questions regarding the cost of the installation. He stated he thought the installation was to be free. Fire Chief Southorn remarked it was also his recollection that the installation was to that Stations 4 and 5 were constructed after t rb6dtent :4n'd that installation for those stations was not included.::::Counci.1-Member Wachter felt the matter should be renegotiated as the`•cost was excessive. Mayor Ellison asked if there wats'`':furth action the City could take on the matter. Fire Chief Southorn felt' there was nothing further the City could do. City Administrator Tom Hedges stated he felt it was a matter of principle and that North Central should be contacted reiterating that the City understood the installation was to be free. Councilmember Wachter recommenced City staff negotiate with North Central. Mr. Hedges informed the ::Council he would check into the matter and return the matter to the*''Council on the consent agenda. Wachter moved, Gustafson seconded, the:.:Motion to direct staff to contact Cable TV North Central to renegct.iate the cost for the cable service installation at Fire Station ::iso. 4 and Fire Station No. 5 and return the matter to the December 5, 1989, City Council meeting. All voted in favor. Page 9/EAGAN CITY COUNCIL MINUTES November 9, 1989 VACATION OF PUBLIC RIGHT-OF�.WAY/LEXINGT4*.-::'WAY AT LEXINGTON AVENUE City Administrator Tom Heig in 3iiced the matter to the Council. Public Works Director Tom''tblbert explained the necessity for the requested vacation. There was no public present at the meeting regarding this item. McCrea moved, Egan seconded:;; : ton to close the public hearing and approve the vacatur ; o Born of public right-of-way through Lexington Way �$ descr=ibed and authorize the Mayor and City Clerk to execute a1T'.relat6d" documents. PROJECT 586/SOUTH .QAK ?II;T O STREETLIGHTS City Administrator Tom Hedges summarized the background regarding the matter. Public Works Director Tom Colbert gave a presentation and explanation of the project and feasibility report. Councilmember McCrea questioned if the cost was high. Public Works Director Tom Colbert reo0i.ted that there was no average cost. He pointed out that because of:::.-�} .- pf.iguration of the development and the small number of lots, the ii ' ..appear higher. The petitioner requested apptov� of:::: ie project. Dave Wilmer had concerns regarding the trenGafsg ?itblic Works Director Tom Colbert explained the necessary.:.:#tih—al trenching. Mr. Wilmer questioned the need for additional lights at the entrance to the development. Mr. Colbert explained it was City policy with all new developments to install lights at the entrance to developments to make the roadway more visible. He stated because this was not a new development.,, ,:i:.I :.� riis-stents desired removal of the lights, the plans and speoficaciitis::would be revised. He discouraged the elimination of the lights 4t.. the entrance because the lights would make it easier for ;ors t" eling at night to see the intersections. Mr. Wilmer asked If the :pity paid the maintenance cost for the lights. Mr.*:%'Colbext: stated that a $2.65 charge would be added to the residents' quarterly sewer and water bills. Mayor Ellison pointed out that Dakota Electric maintains the streetlights. McCrea moved, Wachter seconded, the mation to close the public hearing and approve Project 586 (South oak$ :addition - Streetlights) and authorize installation bv"'Dakota Electric Association. All voted in favrr. : STAFFORD PLACE ADDITJQN City Administrator Tom Hedges presented" the background information and history of the problems. He explained the various neighborhood meetings and the results of the meetings. He noted Page 10/EAGAN CITY COUNCIL MINUTES November 9, 1989 that field inspections had bean raconducted::by City staff and commented that the City had attmpteda cilitate a resolution of the problems. Public Works Director Tom Colbert reported that the neighborhood meetings were well attended by the residents, developer, builder and City staff. He explained the main concerns were erosion due to improper :gadng, He, gonted out that the drainage and grading plan had ,.re�? sec�..Which staff felt was better than the original plan. Frorfter DdV.61opment has assured staff that all problems with the grading, `-'erosion and mechanic liens would be taken care of and pa(ld for die explained the neighbors were very definite aIp.aut tint.. psia-)Abiiing any work to proceed until the following issues were �grees : : (1) all property lot corners be reestablished at rib"cost to•••the homeowner; (2) Frontier Development provide a cash escrow; and ( 3) any destroyed or removed trees be replaced. Mr. Colbert further explained the revisions and corrections to the drainage and grading plan. He reiterated the residents' main concerns were the work be done, done properly, at no cost to residents, and the:::Vvrk be completed as soon as possible. He informed the Cour 6ii�:itbA. .. Frontier Development was working with Delta Development aiid::�;�iii ;0,4ger to begin work as soon as possible but that a few techni-pal problems with the contracts were holding the work up. Mayor Ellison asked FrontierDevelopment if it was willing to correct the residents' concer0s •` Mr. Colbert stated that Frontier Development had assured him the problems would be corrected. For the audience's information, City Administrator Tom Hedges read the three issues as stated in the packet to the audience. Scott Oaks (Frontier Devg;-ppmeot:)::.;.�rggff:irmed Mr. Colbert's summary of the negotiations. regarding the timing and the weather and stated Frontier was ready to start as soon as possible. He pointed out Frontier wo"Id supply the necessary financial assurances and updated the:::Gouncj-I. :; on Frontier's history. He felt the agreement with Delta DevelopmezL�.: would be settled soon as Frontier was actively working with Delta•••'bevelopment. Community Development Director Dale Runkle reported the findings of the plumbing, building and electrical inspections. He felt only one main problem remained which was a sunken footing/foundation. He pointed out the mattO�p was being corrected. Gordon Multz, 4013 Pennsy.lvah�$�•;...Ven leo*f stated he had lived in his house since June of 1988. FIS: had :cGrCEits regarding Frontier Development because its past performance wae:: poor and also because of the mechanic liens. He stated he was gehdkally satisfied with the suggested corrections. ' Page 11/EAGAN CITY COUNCIL MINUTES November 9, 1989 Blaine Duxbury, 4128 New?:York Avenuei::•requested further study of the storm sewer drainage ptt .jem' regarding his lot. Councilmember Egan requested'-:-A.::: its report of the mechanic liens. Mr. Runkle stated there were no new liens. Mr. Oaks commented that the new corporation had concerns regarding its reputation and pointed out that its attorneys were working to remove any invalid liens. He stated there were questions on the landscaping liens and that hitt s or :y :were determining the validity of such liens. He statin'*'`t �:ie'':'+were legitimate liens which the attorneys were also evaluating :as to th4 amounts and the number. He remarked it had only been.;;45 days since the corporation's reorganization butthe: .attorneys and Frontier were concerned for the homeowhgg- 4X.:410-.:*t �Cked that the homeowners do have title insurance. He will' keep''fie- City staff updated. June Rahman, 4120 New York Avenue, was unhappy with the restructuring of her lot, in particular, the terracing. She requested the escrowing of dollars and also a workable timeframe. John Glenn commended Cra�q ' t;son and other City staff for their efforts. He stated he thouth :: p er and Delta had reached an agreement earlier and requested. prorri}at*:-'action from the Council. He stated a further commitment was: necessary: from the developer. Mark Parranto (Delta Deve.1:opm...& "informed the Council that Delta was the fee owner of the. :-1Ahd which had been sold to Frontier Development on a Contract for'''Deed. He explained the need to wait thirty days in order to cancel the Contract with the former Frontier company. He promised that if Delta received the land back, it would correct the problems. Councilmember Egan had gets z ?g ing the agreement with Frontier and Delta. Mr. Parranto responded .that Delta Development would sell to the new Frontier compa�� if i. would sign the contracts. There was further discussion rec""j ding the contract between Frontier and Delta. Councilmember McCrea asked Mr. Parranto if Delta had a Letter of Credit with the City at the present time. Mr. Parranto stated Delta did have a Letter of Credit and if Delta regains ownership of the property, it would provide the same. Assistant City Attorney Joe Earley advised the Council on the City's position regarding the Letter;x Cx4it. Councilmember Egan recommended continuing the matter to the November 14, 1989 special City Council meei*xhg to see if the agreement between Delta and Frontier had bo4h executed. Councilmember Wachter informed Mr. Parranto he felt it was Delta' s responsibility to the homeowners to do the work correctly. Mr. j Page 12/EAGAN CITY COUNCIL MINUTES November 9, 1989 Parranto replied that Delta hid done the;;:a igina1 grading correctly but that the builder had changehe gra during the building of the homes. He stated that Delta.. adGvttii3ied to all the required conditions of the development corittaCti." Councilmember Wachter asked how long it would take to complete the corrections. Mr. Oaks stated it would take approximately two working weeks to complete the--gradajIg Rq Mayor Ellison recommended con huing .lie matter to the November 14, 1989 special Council �eeting''t'o allow staff and the developer time to work out a time f�:ame feta:::the corrections. Mr. Colbert pointed out that staff ,..Qptu�d :work �i t a proposal for a time schedule to complete the world bit `die' 0 01- :'not state when the work would start. Councilmember McCrea felt that the default should continue and that staff should also continue working on Blaine Duxbury's concerns. Councilmember Gustafson aske ::: 'rontier Development if it would put up the dollars as requested: mr:::: o :.:responded that Frontier would provide the Letter of Credit. when the:.:.agreement with 'Delta was executed. Dave Adkins, 4140 New York:.A- re-'Mib, questioned why current action could not be taken and :#ai"r'k out the agreement later since both companies stated they would fix the problem. Mr. Oaks commented that any contractor doing the work would probably be hesitant to Mr. Adkins' suggestion. Mayor Ellison pointed ?? re::. tas no need for citizens to attend the special Council i t�irg a0...::ii E- . not be a public hearing. Egan moved, Wachter seconded, tai;: motitto schedule a special City Council meeting for November 14.`:::1989 at 5: 00 p.m. All voted in favor. .... Egan moved, McCrea seconded, the motion that the project should remain in default until the November 14, 1989 special Council meeting to allow staff to-implement,:# time schedule for resolving the issues and financial guarantods. All voted in favor. PARK AND TRAIV.."M ?DLI CY City Administrator Tom Hedges explained.: that there was a requested change from a proposed ordinance::.- :o a surcharge concept. He recommended continuance of the matter tc''`allow the Advisory Parks and Recreation Committee's review of the matter. Page 13/EAGAN CITY COUNCIL MINUTES November 9, 1989 Wachter moved, Egan seconded, the moon to continue the Park and Trail Dedication Policy to �j,-j..ow,. tk Advisory Parks and Recreation Commission to conduc t:.:::.*"*.:'.'.'.;......'.":*.- voted on the issue. All voted in favor. KENNEL LICENSES/HENNEKE KENNEL LICENSE APPLICATION City Administrator Tom Hesg .expJ, d that after review by staff and the City Attorneys t was recommended that the license not be issued at this t, me. He:::.0ointed out it was a rezoning matter. Community Development Director Dale Runkle explained the legal opinion regard . rg thefiterpretation of kennels. Mr. Hedges statedthere•. weerosistencies in the City Code regarding kennels in Co msi ral-A1 �� ;: agricultural areas. He stated a two-part action was necessary, one to address the Henneke application and another to direct staff to review City Code and report back to the Council. Mary Wallace (Realtor) informed the Council she was present at the meeting for questions. C611n43cijmember Egan had concerns nC regarding the many inconsiste • es ;.a.....the City Code. Councilmember Gustafson asked- Mary Wa•l.lace for a status report on the sale of the house. Ms. Wallace, t ;$ cY the sale was contingent upon City action. Mr... G s a son stated he felt it was unfair to the Hennekes as it 10S• g :d ty Code problem. Councilmember Egan stated he also felt badly:•'regarding the situation but that the City could not discriminate. Mayor Ellison explained the need to deny the Hennekes' application. Ms. Wallace asked for a ti#itf' am r>fi+rIedges responded it would take approximate 30 to 60 days.;:; Councilmember Wachter felt the M;*tter w•as cut and dry. Mr. Runkle reported that staff felt the limit 6f.*three dogs or cats would not change with any Code revision. Councilmember McCrea explained the possible and probable City action to Ms. Wallace. Ms. Wallace requested the City review the policies of other cities. Councilmember Gustafson suggested use. ::the word "animals" instead of "dogs or cats" in the rewording ;& an ordinance. There was further discussion regarding thq.ter Qlogy. Egan moved, McCrea seconded; the maf'ion, to deny the kennel license application as submitted by Wayne and Karen Henneke. for a kennel in a residential district. All voter::4: n favor. Page 14/EAGAN CITY COUNCIL MINUTES November 9, 1989 Egan moved, McCrea secono6d, the motion to direct staff to prepare an official amendment ?x Eour�c .::consideration regarding kennel licenses. All voted in fevot: : RECONSIDERATION FOR TRAILER PERMIT/JAMES HORNE City Administrator Tom Hedges updated the Council on the background of the matter and t3e:::: ::; 4cuest for reconsideration. He stated thft&:: be::::t- b::::necessity for two motions; one to reconsider the prevA:Okts Cecil action and another to consider the new application. AsSstant ;pity Attorney Joe Earley stated that it was a new applicati 0h':'::and z t:::*would not be necessary to reconsider any past Council:.:ac.t h. :. James Horne explained the necessity of the trailer. He pointed out he had looked for commercial building space but it was either too costly or too small. He explained that the trailer had been moved last spring and located behind some oak trees with a berm being built. He also stated the trailer had been repainted and that it did not stand out. Mayor Ellison commented on th6`:*ha-:rV of the request. He felt the trailer was not beneficial to:::ahe area.•:•and suggested Mr. Horne find a warehouse for the storage.:'. Councilmember McCrea asked::a:'. ''Horne for a timeframe. Mr. Horne responded that he wanted"to build a building as soon as possible. Councilmember Egan remarked that the permit was non-renewable and that the Council has kept renewing. it in the past. He requested Mr. Horne give the Council a ` in which he wished to move into and the date of ' the mbve'''ani ''tfi'at he would make a motion tying the date and the buildi4g into.:.t non-renewable permit. He pointed out that the location of the budding could be changed at a later date with notification to :ity Stiff. Mr. Horne explained he was still searching for adequate space. Councilmember McCrea explained the need to keep small businesses in Eagan and felt that the Community Center may have delayed Mr. Horne's progress. She suggested.:.*:giving Mr. Horne six months to find a new location as the City 144 put a hardship on him with the Community Center. Mark Miller reiterated tnon-renewable and felt that a six month extension was too len ;nt. He explained the trailer was visible. He had no desire to sliu-,i Mr. Horne' s business down. Councilmember McCrea felt the City owed long-time small businesses its understanding. There was further discussion regarding the renewal. Page 15/EAGAN CITY COUNCIL MINUTES November 9, 1989 Egan moved, Wachter seco ded, the, m0.t; Von to approve a six month extension to May 15, 195 ! ::of 'the t.r;Aller permit to allow oioil James Horne time to indicate tcs :: # ::,:•'•''.'_n the location and date of relocation. All voted in favor. TRI-LAND PARTNERSHIP/TAX INCREMENT FINANCING City Administrator Tom Hadges::•s?u .;-7 the project and the tax increment financing request. :: e ; gg 'fed the Council direct staff to review the tax increment f anc rig .-application and to refer the matter to the Economic Development Commission and the Finance Committee for further reviesV-:;to present their findings. Wachter moved, GustafeE, a motion to acknowledge acceptance of the application''of' tax increment financing for the Eagan Center 5th Addition project and direct the City staff, Economic Development Commission and Finance Committee to review the application and present a findings for further review and consideration by the City Council and to set a public hearing date for the January 16, 1990 City .Cp.vncil meeting. All voted in favor. STRATFORD OAKS/CONTRACT 892 .BIDS/AWARD CONTRACT City Administrator Tom Hedges recoMeitded that the project be cancelled and rebid in the sprino...,q Wachter moved, Gustafson'.:e4conded, the motion to receive the bids and cancel Contract 89-24 (Stratford Oaks) to be rebid in the spring of 1990. All voted in favor. AUDIT FIRM SELECTION City Administrator Tom Hed4s r :rex'ed :'the proposals for the Council. He pointed out that all firs that:.:.responded stated that the Finance Department for the City ;qi Eaga'O: had an excellent reputation. Gustafson moved, Wachter seconded, th6`4notion to designate the firm of Deloitte, Haskins, & Sells as the City's audit firm for the purpose of conducting an audit of all financial transactions for the years 1989, 1990 and 1991. All voted in favor. AIRPORT RELATIONS COMMITTEE REe- +lENDATION/ BRASLAU-COLLBTTE C0RRID0 ':'STUDY City Administrator Tom Fi6Q49i -6x A-in6d-• the corridor study and requested Council direction. Assistant to the City Administrator Jon Hohenstein presented the proposal. Councilmember Egan asked if the City of Mendota Heights was receiving bad advice. Mr. Hohenstein responded to his question. Mr. I Page 16/EAGAN CITY COUNCIL MINUTES November 9, 1989 ...... Egan asked if the study had b " submittq�$-*::to the FAA. Mr. Hohenstein explained that the griIy.•..actlan:::`so far had been Mendota Heights' approval and that the i�ttLrc id go to the MASAC sometime in January, 1990. Councilmember McCrea was concerned whether the resolution would have the weight to show that the study had no credibility. She questioned if additional re $: wer.E #ceded. Mr. Hohenstein explained that the committee had t Ct�ee ~the possibility of a consultant but felt it was prematur` :: Ther :.:was Council discussion regarding the Mendota Heights/Eagan''agreement. Cindy Ellis (ENAC) explained that F. `:was a noise abatement citizens group. She explained ti .purp �. �5f the organization. She was supportive of staff' s conclusion that there was no need for a study at the present time. She reported that ENAC wanted to set realistic goals and to work with the City. Councilmember Wachter remarked that the types of planes in ten or fifteen years could be chaiged:.•and that Eagan needed to think to the future. Councilmember Gust �s a � :explained that the committee had reviewed future needs and that''' t::ar :::aiifficult to predict the future. ............. Don Grant stated that Eagan: �c04t3.d nit of ford to wait. He asked Councilmember Wachter if the agreembfit with Mendota Heights was in writing. He reviewed the effecta' of the corridor and requested immediate Council action. Councilmember Wachter was unsure where the document was and suggested it may be with the Airport Committee. Mr. Grant suggested that all participants at the `Mezidota Heights should execute documents explaining tne:: aCtan :at' he meeting. Councilmember Wachter recommended directing::::staff to prepare such documentation. McCrea moved, Gustafson secondeti'- - the :i�iQtion to adopt the staff report in response to the Braslau-Collette Corridor Study and to approve the resolution concerning the Braslau-Collette Corridor Study as recommended by the Airport Relations Committee. All voted in favor. McCrea moved, Gustafson seconded, the fttion to direct the Airport Relations Committee to review and recommend enhancements to the City's position concerning ogt �.dox .�idures and to direct staff to prepare four affidavits::•for qtr. -1:1a-r-r'ison, Mr. Grant, Mr. Sperling and Councilmember Wachter regarding::::the meeting between the Cities of Mendota Heights and the City?q� Eagan. All voted in favor. Page 17/EAGAN CITY COUNCIL MINUTES b , November 9, 1989 HIGHVIEW PARK/EXTE$SION OF . �IMINARY PLAT City Administrator Tom Hedgeis::�Xplaned the need f or the extension. Community Development Director Dale Runkle explained the extension should be for 90 days as City staff had several plats before them at the present time. Egan moved, Gustafson secaion to approve an extension for 90 days to February 1S.�:•'1990::::-for the preliminary plat entitled Highview Park Addition, stib ect i::the following conditions: 1. The standard condition of pl$ , Sproval- as adopted by Council action on September 15,'`1987 shad be complied with: Al, Bi, B2, Cl, C2, C4, D1, E1, Fl and G1. 2. The building setback shall be on an imaginary line between the existing homes on Lots 6 :1 ;ii. 7. 3 No setback variances shall be a3.1'owgd for newly created homesites (Lots 1 and 2) . 4. Lots 1 and 2 shall co oCto City utilities. 5. The development shall provide a storm sewer outlet to the existing low areas in the areas of Lots 1 and 2 or provide a grading plan demonstrating adee::d :a .x for the area. 6. The developer shall provide : ::20-f*SS*%t trail easement between proposed Lots 1 and 2. All voted in favor. SPECIAL HUNTING PERMIT/RICHARD MAURER City Administrator Tom Hedges informed ;the Council no action was required on this matter. Assistant City�-� ttorney Joe Earley explained that bow and arrow Ttuz : g::.ss ;nod,:: included in the Dangerous Weapons Ordinance. Nd s hwas:::: necessary EAGAN CENTER ASSOCIATES/DAYCARE FACILITYI.:0ONDITIONAL USE 'PERMIT City Administrator Tom Hedges introduced the application. Community Development Director Dale Runkle explained the Page 18{EAGAN CITY COUNCIL MINUTES November 9, 1989 application and the daycare fol��i1i ty to •�he. Council. He stated that the Advisory Planning Commissi-'6 had,. to i2rns regarding the parking lot adjacent to the play area. The applicant (Eagan Center Associates) clarified the play area question. He stated that the square footage had been increased and explained possible revisions to insure the safety of children. He reported that the playas the fence was connected to the building. Hee fit tjb-dd :that the Advisory Planning Commission had requested limited visa:bilit�: fencing and that the applicant would comply with the re(;.(4est. Councilmember McCrea askod :f m of the lease. The applicant responded five years. Mayor Ellison asked if there was enough parking. The applicant responded there would be sufficient parking. Councilmember McCrea asked for the total number of vacant bays remaining in the Center. The gip.."- cant responded there would be only three remaining vacant daycare facility was approved. He pointed out that the dayca :e.: facility was fulltime. Councilmember McCrea had quegtione . 'i�g$rding the Sports Bar. The applicant explained that the. 110ts Bar would not be constructed_ and that it may be a.:ib&:iry Queen. Councilmember McCrea had questions regarding liquor::::being sold near a child care center. Mr. Hedges stated he would review the matter. Councilmember Egan felt the daycare facility was a reasonably good use for the area as there was a need for a daycare. Egan moved, Wachter secon$ed, tYie 'mbfan to approve a conditional use permit to allow' a da�reare facility in a CSC zoning district for Eagan Center Associates>:dt Lot...:1, Block 1, Thomas Lake Center, subject to the following cor4*.-tions;•:. 1. The fencing surrounding the play area shall be limited visibility fencing. 2. The permit shall be subject to all:::0..pplicable Code requirements. All voted in favor. WHISPERING WOODS FIFTH ADDITIOWREZONING City Administrator Tom Hedges updated the Council regarding the rezoning and stated that the Advisory Planning Commission Page 19/EAGAN CITY COUNCIL MINUTES L November 9, 1989 recommended approval. Communit . Developmqi'i'�' Director Dale Runkle pointed out that the application::,':was...gn••34 :for rezoning. He summarized the application and`'sstet ti$ all engineering requirements had been met. Wachter moved, Gustafson seconded, the motion to approve a rezoning of approximately 9.5 Agricultural acres to a Single Family district located west of Slate::f,Ad.;:�nd•:.:south of Cliff Road in the southwest quarter of Section 3l : a :.Cecled by Burnsville Lumber Company, Inc. for the Whispering Wd'd Fifth Addition. All voted in favor. CANVAS OF MUNIC :jkUC'.,1- t'RESULTS City Administrator Tom Hedges explained that Minnesota state law requires a municipality canvas the ballots of a previous election within three days to make the results official. McCrea moved, Gustafson seconded, the motion to review the results of the 1989 municipal::�J-eption and declare the results of the election as official. All vtted.:: .n;favor. AIRPORT RELATIONS C0MMIT'-HE/RES`1GN4T.I0N/LYNN FIEMAN City Administrator Tom Hedg .;g :la ned the necessity for Council action. Gustafson moved, McCrea seconded, the motion to accept the resignation of Lynn Fieman from the Airport Relations Committee. All voted in favor. FOX RIDGE STORM SEWERi: ? 3g�T.:i.5 4:2{C.ONTRACT 88-34/ CHANGE:::.*M=.R':' Public Works Director Tom Colber::�- revietaed the need for the Change Order. Wachter moved, Gustafson seconded, the-motion to approve Change Order No. 2 to Contract 88-34 (Fox Ridge Storm Sewer - Project 542) and authorize the Mayor and City Clerk to execute all related documents All voted in favor. PROJECT 543R/SIBLEY HILLS DkX-: `E/VIMR City Administrator Tom Het : ia # d the appraisal regarding the Vimr property antsasbiinolhaction regarding deferral of the assessments. He explained t]-t the agreement had been sent to Mr. Vimr with a five-year timeframe. He stated the timeframe was not represented to Mr. Vimr at''*the last Council meeting and that Mr. Vimr felt there was no time frame. Both Mr. Hedges and Mr. Colbert pointed out that there were additional lots Page 20/EAGAN CITY COUNCIL MINUTES November 9, 1989 in the area with similar posszk�Je request s --'for deferment. He requested Council direction and ;as3c ti f :fit wished to set a time limit. Don Vimr was present at the meeting. Councilmember Wachter asked Mr. Vimr to explain his request. Mr. Vimr stated he would be agreeable to five years at the current rate and after five years, if the land developed, it wou.J- :# # :;die::a essed at the prevailing rate. There was Council discussion r,egarding, the appraisal and the assessment amounts. City Administrator Tom H 6ge5'e)44'4' ned that the controversy was that Mr. Vimr requested deferral of $12,000. Mr. Hedges pointed out a precedent could be set. Mayor Ellison commented that the Council had already deferred $12,000 for a few years. Mr. Hedges reported to tyre Gtttiei;7.;.Ghat after staf f 's review with legal counsel, staff was requee'tin4. 0ouncil direction regarding a policy for the future;:: Councilmember Egan stated th&-t :h' had made the original motion and it was his intent that the:`cef-'crment would be until there was development. Mr. Hedges reiterated his request for Council direction regarding need to set a time limit for all future deferments. Councilmember Wachter sue$ted'dterxang in Mr. Vimr's case for five years with review at"**t''e 'end''-'o#''thd five year time period. There was further Council discussion'::::xegard�hg City policy and time limits. Councilmember McCrea asked Mr. Colbert-: ::if he had problems with the deferment or with a five year timeframe. Mr. Colbert stated he would have no problem with the deferment or the time limit. Ellison moved, Wachter seconded, the motion to set a five year limit on the deferred $12,000 special assei4# ent regarding Project 543R and Don Vimr, with the Council to nevi the matter at the end of the five year period. All voted.... n,..favQ:r..., LEXINGTON POINTE 4TH AND "' TH ADDTTIOIfi /PARK ACQUISITION Director of Parks and Recreation Ken Vj�aa presented photographs and a diagram. He explained that if certain lots were developed, there would be loss of trees adjacent to the Trapp Farm Park. He explained that the Advisory Parks and Recreation Committee Page 21/EAGAN CITY COUNCIL MINUTES November 9, 1989 had reviewed the matter and i"6ommended -t.t City purchase certain lots in the Lexington Pointe 4 ":::-and...5h :additions. Mayor Ellison felt that $100,04 for park property was too much. Councilmember McCrea had questions regarding the park site fund. Mr. Vraa explained the use of the park site fund and stated he felt this was an important issue for the future. Councilmember McCrea aslr d :gr&.d:SWeri�s� I (developer) if he would negotiate on the price of th4-'-4'ots. :r. Swenson pointed out that the prices had been set. Counclmember.; Egan felt it was a lot of money and requested further info. ation.' City Administrator Tom H Wsti44'a`ed a field trip for the Council as he experienced a different perspective after walking the area. Mayor Ellison suggested continuing the matter for two weeks for further review. Councilmember McCrea remarked she felt it was unfair to hold up the develop x::::as.,the lots were pre-sold. Mr. Swenson stated he would review1Ncrrer. Gustafson moved, Wachter se00nded, ,tha: motion to continue to the November 21, 1989 City Council m� t�.ng?:the acquisition of certain lots in Lexington Pointe." ::an 5th Additions to allow Council visual inspection of * : -si:te. All voted in favor. COUNCIL DISCUSSION SNOW EMERGENCY PARKING BAN Public Works Director Tomi : ::::Siarized the City's snow emergency parking ban. ST. FRANCIS WOODS. :4TH ADI}ITI0N Public Works Director Tom Colbert infai**zned the Council that staff was experiencing problems with the developer for St. Francis Woods 4th Addition. He stated that construction was not completed and that there was a serious erosion problem. He pointed out that the developer was not complying to staff's request. He reported that it is a two year problem and requested;touncil direction. Councilmember McCrea suggeSt;ed ca7jJ p.g..;on the Letter of Credit. Councilmember Egan askredi:: : the 'i fee of the default. Mr. Colbert summarized the problems'-'-'ahT*'sta'ted''''there were many complaints. Councilmember McCrea felt that::,: ;be Council should set a policy for staff to follow in future situaUbns. Mayor Ellison directed staff to go forward in correcting':'4�e problems. Page 22/EAGAN CITY COUNCIL MINUTES November 9, 1989 .' Egan moved, Wachter sec6hcded, the mdt .:on to direct staff to implement a notice of procedure :t4 cure .dcfaults and to place the St. Francis Woods 4th Addition ' i::d #u '. All voted in favor. STREET OPENING UPDATE Public Works Director Tom Colbert informed the Council that Diff ley Road was opened and that: Z;ex a-gton :Avenue and Johnny Cake Road would be open within the fi;t!xt .Vwl EMERGENCY PREP iREDNE5S' BOOK City Administrator Tom Hadgge 3r .er 'the Council that a revised copy of the Emergency ? would be distributed to the Council. MINNESOTA VALLEY HUMANE SOCIETY City Administrator Tom Hedges requested direction from the Council regarding a request ftdm-:-.the Minnesota Valley Humane Society. Mr. Hedges was directed:: t.•cs ?2-end a letter to the Minnesota Valley Humane Society indicating tY thd�e currently are dollars in the contingency fund of the 10.0 budget�.::.however, that the document had not been adopted and:::furttezr .: ihy amount considered within the contingency requires, :£urtl4r''' onsideration by the City Council during the calendar year:: VOLUNTEER ACCESS MEETING/CABLE City Administrator Tom Hedges informed the Council that the Volunteer Access Meeting regarding Cable would be held on November 14, 1989. He stated there was reed ftp i ::Gbuncil person to attend the meeting. Councilmember Gustafson'tif1 'at'tend the meeting. CRAY RES CH City Administrator Tom Hedges and Publ' :e Works Director Tom Colbert updated the Council regarding the berm over the utility easement problem. They requested Council direction. It was explained that Cray Research wanted an agreement that if there was a problem, that Cray would assume the financial obligations. There was concern that an agreement would set a ptecedent regarding maintenance. Mr. Colbert pointed out that stiff felt the berm should be lowered to protest the i provemexit,.but that Cray did not want the berm lowered. He state ::;fa :. ? ::: tem was not in the approved grading plan. Councilmember Wachter expressed his op:#on that the City could not allow the extra weight on the liries. He was opposed to the berm and suggested checking with the City' s consulting engineer. Councilmember Egan felt that Cray Research should be held Page 23/EAGAN CITY COUNCIL MINUTES November 9, 1989 1 responsible for the cost of ahk. damage. krf'' Colbert reiterated that staff felt the berm should be .i}cuEred. LOT STAKES Councilmember Wachter pointed out that lot stakes had been removed. Public Works Director Tom Colbert stated that if it were a City contractor removing thetak- uld be replaced. CHECKLIQ=- Councilmember Wachter had quesOzons regarding certain items on the checklists. City Administra; crr 'adgi�s stated he would review the matter. Wachter moved, Gustafson seconded, the motion to approve the checklist dated October 31, 1989 in the amount of $2,022,294.43, the checklist dated November 7, 1989 in the amount of $960,758.20 and the checklist dated November 9, 1989 in the amount of $198,149.14. ADJOU Egan moved, Wachter seconded:.,.*: * irin to adjourn the November 9, 1989 City Council meeb .A�..gt ••10:48 p.m. All voted in favor. CITY OF EAGAN ii Mid 4.M I • ••••. E': , ,••VAbOverbeke, City Clerk