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07/14/1977 - City Council RegularMINUTES OF A REGULAR MEETING OF THE ADVISORY PARK CO4MITTEE July 14, 1977 A regular meeting of the Eagan Advisory Park Committee was held at 7:30 P.M. at the Eagan City Hall on July 14, 1977. Those members present were Chairperson Lundsten, Thursten, Coates, Martin, Beck, Brown and Roszak. Also present were City Administrator Tom Hedges, Park Director Barb Schmidt and City Engineer Bob Rosene and City Planner John Voss. Absent were Committee Members Hagen and Seurer. MINUTES. Upon motion by Roszak, seconded Coates, all members voting in favor, it was RESOLVED that the June 30, 1977 minutes be approved as read. HILLTOP ESTATES. Mr. Rod Hardy representing Dunn and Curry appeared and presented a preliminary plat entitled "Hilltop Estates", an 80 acre development which is planned for the northeast corner of the intersection of County Road 30 and 31. Dir. Hardy explained that if the preliminary plat is approved, the grading will start this fall. He explained that there are two storm water holding ponds located on the property proposed for development and it is anticipated that, both ponds will be dedicated to the City for purposes of hold- ing storm water and also to be used as park land. Mr. Hardy then explained that Dunn and Curry is willing to deed a 30 foot primary trail throughout Hilltop Estates to supplement their park dedication requirements. He further stated that if some of the irregular corners around the small pond is not included in development that area would also be deeded over to the City for park purposes. Mr. Hardy stated that the i 0 7-14-77 entire area that is under consideration totals 81.3 acres and further that the average lot is estimated in size to be 16,000 square feet. Park Director Schmidt asked if the trail would be surfaced by the Developer once Hilltop Estates is platted and developed. Mr. Hardy explained that Dunn and Curry is not planning to surface the trail however does anticipate some grading and cleaning so the trail is ready to be surfaced by the City. fir. Hardy explained that the large pond is approximately 7 acres and that the trail totals approximately 3,300 linear feet. Comments by Committee Members were directed specifically at the trail system and how it relates to Patrick Eagan Park as well as its signifi- cance as a primary trail in the City of Eagan. After further discussion on the matter and in a motion by Roszak, seconded Martin, all members voting in favor, the preliminary plat entitled "Hilltop Estates" was referred to the Development Committee and its administrative and consulting staff for review purposes. 13ALLARD PARK FIRST, SECOND AND THIRD ADDITIONS. fir. Tom ,7illmus appeared and presented preliminary plats entitled "Mallard Park First, Second and Third Additions". He stated that the three plats are proposed generally in that area north of the Woodgate Development area. Mr. Willmus•stated that the proposed Mallard Park Additions constitute a portion of the 200 acre tract he is planning to develop in the next 2 7-14-77 several years. He further explained that he would like to make a cash donation in lieu of park dedication at this time due to topographic reasons and then make a park land dedication on the flat land where future development is planned. Mr. Willmus explained that a future park land dedication could serve the entire development area. The Park Committee Members stated that there is a 200 foot ease- ment from Northern States Power Company for the high voltage tension lines that cross Mr. Willmus' property and it is possible a part of this property could be used as open space for park land purposes. Park Director Schmidt stated that City staff is making a study of these types of residen- tial developments to determine park dedication, however, it is anticipated that this report will not be completed until late summer or early fall. In a motion by Roszak, seconded Coates, all members voting in favor, the proposed preliminary plats for Mallard Park First, Second and Third Additions was referred to the Development Committee and administrative and consulting staff for further review. PARK DEDICATION RESEARCH. Park Director Schmidt stated that the City staff is conducting a survey of several suburban communities in the metropolitan area concerning park dedication and after the information is compiled, the data will be pre- sented to the Park Committee. She stated that the research is directed specifically at the formula for park dedication and cash donation and how each is equitable for a community in consideration of park development. Committee Member Roszak 3 7-14-77 discussed the possibility of hiring an appraiser to determine land values which is an important factor and consideration in determining equitable cash donations in lieu of park dedication. He stated that an appraiser would relieve some of the burden of determining land value from the City staff and also provide a neutral objective expert for determining cash values for land dedication to the City Council. Roszak stated that it is possible that the appraiser could cost $100-$1000 depending upon.the comprehensiveness of the study. Chairperson Lundsten stated that the approach of using an appraiser is good and should be considered as a part of the staff proposal in their study and research of park dedication. She further stated that she would like for the City staff to explore park dedication requirements as to how they are related to commercial development within the City. CHES 14AR THIRD ADDITION. Park Director Schmidt reported that the preliminary plat for Ches Mar Third Addition was approved at the July 5, 1977 City Council meeting with the exception that consideration be given to relocating a trail which is designated by the Park Advisory Committee between Lots 19 and 20, Block 2, Ches Mar Third Addition as proposed. City Administrator Hedges stated that buildable lots located adjacent to a county road require a 50 foot setback and because of the size of the lot the City Council felt the trail would be better located in the county road right-of-way therefore allowing a house to be set back further from Cliff Road. City Engineer Rosene stated that the trail is designated 4 0 0 7-14-77 to intersect with the location of the two reservoirs which are planned to the west of Ches Mar Third Addition. Therefore, the City Engineer further indicated that it is better planning to locate the trail in the Cliff Road right-of-way for planning purposes. CLIFF ROAD TRAIL. Park Director Schmidt reported that a meeting between the City staff and Dakota County Highway Dept. staff was held recently to discuss the feasibility of designing a 13 foot berm as a part of the road improvements planned by the county this year in the Woodgate area. She further stated that the City staff is recommending that the 13 foot berm be included with the construction plans so that a trail could be constructed adjacent to Cliff Road in future years. After further discussion on the matter, in a notion by Cooper, seconded Beck, all members voting in favor, action was taken to recommend that the Dakota County Highway Depart- ment include a 13 foot berm on the north side of Cliff Road as a part of their construction plan for the update and improve- ment of Cliff Road in the Woodgate area to allow for the future development of a trail along Cliff Road in that atea. DONNYWOOD PARK. Chairperson Lundsten introduced the Donnywood Park issue by stating that all the development plans for Donnywood Park were reviewed and established as a part of the original plat approved in 1973. She further stated that Donnywood Park was.intended to be a wildlife nature area and that two 6 -foot hard surfaced trails would be constructed to allow accessibility by the public into the 5 0 0 7-14-77 Donnywood Park area. Chairperson Lundsten explained that because there is some opposition to constructing one of the access trails leading directly into Donnywood Park, the matter was referred to the Development Committee and asked the committee chairman to give a report of their findings. Park Committee Member Coates stated that the Development Committee is recommending the following 1. Six foot wide asphalt pathways should be installed on Outlots A and B according to the agreement made between the developer and the City Council as a condition of final plat approval. A. To provide clearly defined access to the City park land. B. To provide access to the land locked parcel adjacent to the park land. 2. The Park Committee should also add additional footage leading into the park area to the trail on Outlot A to prevent its ending abruptly at the rear lot line. 3. Fill should be provided by the developer in the low area in the southern portion of the park as originally agreed at the time of platting. A. To allow walking access to the natural area from one side of the park to the other. B. To provide better access to the park in the area adjacent to Outlot E. Mr. Ray Davis appeared and stated that he was in favor of the trails but questioned whether motorized vehicles are allowed on a six foot trail. Chairperson Lundsten explained that the trails are planned for pedestrian move- ment and non -motorized vehicles and that motorized vehicles are excluded from use on the trails. Mr. Don Grant appeared and stated that he was in favor of constructing both trails M 0 0 7-14-77 and also asked that the petition from the residents in By The Shores be read in full. Park Director Schmidt read the petition from the property owners who are located in By The Shores which basically states opposition to construction of a six foot bituminous trail on Outlot A. Mr. Grant explained that property owners who reside around Donnywood Park were in agreement with the platting of By The Shores if the City Council was agreeable to a six foot hard surface trail access from Quarry Court to Donnywood Park assuring property owners in the area access to Donnywood Park. He further stated that before the final plat for By The Shores was approved, the City Council agreed to constructing a hard surface pathway in Outlot A. City Engineer Rosene discussed the boundary line of Donnywood Park and explained that approximately 2'h - 4% of the wetland area would be sacrificed if fill were allowed to be placed along Lots 1 and 2, Block 3, By The Shores plat. He further stated that the fill would be 0 - 3 feet in depth and would be excess dirt provided by the developer of By The Shores plat. Pyr. Gordie Tierney questioned the water level of the pond and stated that the wetland does not soak away as rapidly as described by the City Engineer. He further stated that he is in opposition to a hard surface pathway on Outlot A. Air. Tierney stated that he is supporting an alternate pathway through Outlot E which would make better access to the entire wetland and also LeMay Lake. Por. Joe Kellner appeared and stated that he was in support of a hard surface trail on Outlot A and also stated that the pond as described 7 7-14-77 fluctuates in depth quite regularly depending upon the amount of rain received each year. Park Committee Elember Roszak asked the City Engineer to provide information on the desired water level for the pond and also whether the water will encroach the Tierney property if the fill is placed on the edge of Lots 1 and 2, Block 3 of the plat as described. City Engineer Rosene stated that the wetland would remain at a more constant level if a storm water pipe were extended between the wetland and Let%.ay Lake. fir. Ray Davis stated that he is anxious to have the pathway surfaced which is planned for Outlot B. He further stated that a surfaced walkway will allow a designated route for pedestrian and non - motorized vehicles whereas presently, pedestrians and non - motorized vehicles are crossing various areas of his property. Don Grant again spoke to the matter of the trail access and stated that access to Donnywood Park was the main.issue at the time the plat was approved, therefore, again discussed his support of the hard surface pathways for Outlot A and Outlot B. Por. Mark Johnhardt appeared and stated that people that are presently using the nature wildlife area are entering at an access point through Outlot E rather than Outlot A and questioned why a hard surface trail was proposed for Outlot A when the people are not using that access to Donnywood Park, tor. Johnh:r6t stated that he was in favor of the alternate pathway in Outlot E as opposed to a hard surface pathway on Outlot A. Jolly Sault appeared and was concerned about the variance procedure stating that Mr. Tancheff's house F 0 0 7-14-77 should not have been allowed to be constructed within two feet of a hard surface pathway. Mr. John Voss, City Planner, was called upon by Chairperson Lundsten to discuss the neighborhood park concept and how the entire development of By The Shores as well as adjoining developments relate to Donnywood Park. Mr. Don Sault appeared and stated that because the property is developed and the fact that Mr. Tancheff°s house was allowed to be built within two feet of the .trail he feels that the hard surface pathway designated on Outlot A should not be allowed to be developed and the City should consider developing a hard surface pathway on Outlot E for access to Donnywood Park and LeMay Lake. He further stated that people will use the hard surface trail on Outlot E more than the trail that is planned for Outlot A. Mr. Frank Vukmonich appeared and stated that he is a professional ecologist and feels that a wildlife area as designated for Donnywood Park is not compatible to a play area and therefore feels that a hard surface pathway leading directly into Donnywood Park should not be allowed. He further stated that the proposal as presented by the property owners in By The Shores designating Outlot E as a hard surface pathway is a better proposal for recreational use in the area. Park Director Schmidt stated that there is no maintenance proposed for Donnywood Park due to the fact that the park land has been determined as a minimal refuge area for wildlife nature purposes. Committee Member Boszak asked if it is essential 0 0 s 7-14-77 to hard surface a pathway and if so is blacktop the best alternative. City Engineer Rosene and Park Director Schmidt felt that a pathway should be surfaced and blacktop is the best alternative because of low maintenance. Committee Member Roszak also asked if funds are available to develop the residents proposal. Park Director Schmidt stated that there are no funds available to develop a hard surface path- way in Outlot E. Committee Member Martin questioned whether the fill is that necessary on a part of Lots 1 and 2, Block 3, By The Shores plat. City Engineer Rosene stated that if pedestrian movement is to be allowed around the wetland in Donnywood Park, it would be essential that the fill be placed in that corner of the wetland. Committee Member Beck stated that she is in favor of a hard surface pathway so pedestrians are given a designated access area. With there bAng no further discussion on the matter, Committee Member Roszak complimented the chair on conducting a cjrod hearing and in a motion by Brown, seconded Thursten, all members voting favor.,- t%r;: xnco=endation of the Development Conmiittee to include t;.e fo7Ilowingo 1. Six foot wide at;cha;.t pathway should be installed on Outici:s A and. B according to the agreement made between t:ie levcloper and the City Council as a condition of final plat approval. A. To provide clearly defined public access to th:: City park land. B. To provide access to the land locked parcel adjacent to the park land. 2. The Park Committee e;hould also add additional footage leading into the park area to the trail on Outlot A to prevent its ending abruptly at the rear lot line. 10 7--14-77 3. The fill should be Provided by the developer in the low area and the southern portion of the park as originally agreed at the time of platting. A. To allow walking access through the natural area from one side of the park to the other. B. To provide better access to the park in the area adjacent to Outlot E was given approval PARK CONCEPT DEVELOPMENT PLANS, Mr. John Voss, City Planner, appeared and discussed the park concept plans and cost estimates for the four parks that are scheduled for development in 1977-1978. He stated the four parks are Well Site Park, Northview Athletic Field, Pilot Knob Park and South Oaks Park. Mr. Voss reviewed in detail each of the concept plans for the four parks as stated and also the estimated cost of construction and in addition other expenses which in total are estimated as $183,400. He then reviewed the contract for preparation of plans and specifications and supez-vii r.n Of construction for the City parks as stated and recommended that the City Attorney review the contra, -t: 7-1ior ity Council. Park Director Schmidt to approval by the C stated that the a grant programwhich is to allow municip�.li�:�e� to receive 508 funding on the development of az ath?-ati.c c,)uri consisting of two tennis courts in ire Statue M 11r:esota. Park Director Schmidt recommezlde that z::, <pp.licat=on be filed with the State of Minnesota request.i.:!:l 50% funding on the athletic court which is proposad for F:ilot Knob Park. Park Director Schmidt stated that funding r=�:;, the State of Minnesota for an 11 • 0 7-14-77 athletic court would reduce the financial commitment as proposed for park development as prepared by the.City Planner. In a motion by Roszak, seconded Cooper, all members voting in favor, Park Director Schmidt was directed to apply for a grant that would participate up to 50% for the financing for an athletic court in the City of Eagan. City Planner Voss further stated that he would direct the engineering in the field as the four parks are developed in the next two years. After several questions on the contract, a motion was introduced by Roszak, seconded Thursten, all members voting in favor that a recommendation be made to the City Council approving the park concept plans and cost estimate for improving Well Site Park, Northview Athletic Field, Pilot Knob Park and South Oaks Park and that the proposed contract for the preparation of plans and specifications be approved so that bids can be let for construction of these four parks as soon as r_o-si_ble. PARK DEDICATICte_ _ R : _SCTSDI IDED .LOTS. Park Di_-ector Schmidt stated that the City nr.s:E:f is examir_i.ng the prccedure in which resubdivided !;)tr w. t3. �F included as a part of the park dedication c !or Cash donati.rn policy which is a part of the land d,:z.elcpmerr:: ::c:, :: ;at i.O.1s .in the City. After further discussiort ."�Tid it a ta:,'cion !,,v Roszak, seconded by Coates, all menbers vo`_., e- s+ f.a✓ -7, 'Che City staff Was directed to further re.%Yiew the matter of park dedication or cash donation for resubdivided lets as a part of the overall 12 0 7-14-•77 park dedication research project. After motion duly made and seconded, the meeting adjourned at approximately 12:00 P.M. 13 -la HAUGE & HOEY, P.A. PAUL H. HAUGE Attorneys at Law GEORGE H. HOEY 3908 SIBLEY MEMORIAL HIGHWAY Area Code 612 PAUL M. TATONE EAGAN (ST. PAUL), MINNESOTA 55122 Telephone 4544224 August 3.197J, eo F. Murphy 5 Deerwocd Drive Eagan, PBd 55122 Re: City of Eagan - Blackhawk Park Dear Leo: I am enclosin- the Quitclaim Deed that i have now recorded with the Register of Deeds covering the triangular piece of property being deeded ,from Eagan to you. You may want to keep it for your own permanent records. I am sending a copy of this letter to Alyce Bolke with a copy of the deed so that she keeps a record of it in the Eagan files also in relation to Blackhawk Park. Very truly yours, Paul 11. 11auge PHH:1na cc: Alyce Bolke Enc. HAUGEI& HOEY, P.A. PAUL H. HAUGE- - .Attorneys at Law GEORGE H. HOEY 3908 SIBLEY MEMORIAL HIGHWAY PAUL M. TATONE - EAGAN (ST. PAUL), MINNESOTA 55122 June 23, 1977 County Recorder DICDkota County Government Center r-`_ i Hastings, Minnesota 55033 RE: Part of Govt. Lot 2, Section 21, Township 27, Range 23 Dear Sir: I am herewith enclosing a Quit Claim Deed from the City of Eagan to Leo P. Murphy and Ardelle M. Murphy, husband and wife,' together with our check in the sum of $3.00 for recording fees. This is abstract property. Please return the recorded document to my office. If you should have any questions, please call. Very truly yours, Pful: me one. Paul ll. llauge Area Code 612 Telephone 4544224 Tbiv 3lnbenture, dfade this .... ..a.... .. ............day of. ..........June.. ... .. _. _.... .., 1977 betraecn..,._.....................................!UTY._OF... EAGArj.,....a..municipality..... ............... of the County of... pakota and State of.___............ ... Minnesota.,.._ .......... .__......, part_Y ... of the forst part, and... ...... -:LEO ... ,,.,Ml1.RPilY... nd,.,ARD.ELLE....?......MURPHI(,..,_husband._._and.,wife.......... ........_....,...,.,. ................................ .......__......... ,........................ ................... _....,....... .., of the County of ....... -.Dako..q.... ...... ... _._..._...._.,...,_..arid. State of......................Min>xes.A.t,d......... ...._...... ........ _.., parties of the sceond part, WitneggCHJ, That the said parl.Y ...... of tile, first part, in consideration of the Burn, of.'..'.. -_ -... One ...Dollar„_and,,,other_,_good.., and...v.. a...l...u.a...b...l...e...consideration- -_-,.,-...'...-.---_..7._.DOLL.11?S, to ........ it ........ .......in, hand paid by the said parties of the second part, the receipt whcre.of is hereby ackrrarel- edged, does...... hereby Grant, Idarisa.in, (tud•lelaim, and Convey unto the said parlies of the, second part as joint tenants and not as tenants in, common, their assl!jn.s, the survivor of said parties, and, the heirs arm assi.?ns of the survivor, Forever, all the, tract...... or prr.recl._... of land lyin�j and 1wino in tile. County of .... .............. Dakota ......... _....... ,..... ...... ..... .and State of dlinnesota., described as follows, to -raft: That part of Government Lot 2, Section 21, Township 27, Range 23, Dakota County, Minnesota, lying South of a line running from the Southwest corner of said Covernment Lot 2 to a point on the East line of said Government Lot 2, distant 12.00 feet North of the Southeast corner of said Government Lot 2. Containing 0.18 acres. TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Leo F. Murphy 1625 Deerwood Drive Eagan, Minnesota 55122 Q STATE DEED TAX STAMPS DUE HEREON: C To jfjabe ana to 1()olb the �b=C, To&ther with all the hereditaments and appurtenances there., unto belon6ing or in o,ry/wisc appertaining to the said parties of tile, second part, their assigns, the sur- vivor. of .said partirs, and the heirs and assigns of the, survivor, Forever, the said parties of the scrond part t(rlrirtR as joint, tenants and not as tenants in common.. 31n Teeahnoup Wf)creof, The said. party ........ of the first part ha s ..... .. he.rrunto srl hand. the (lay rind year first above written. CITY OF EAGAN Herbert H..Polzin, its Mayor ............ .................._.............. ._......... ............. . ___,And: c. Alyce Bolke, its Clerk S % 1 1 �P i ,1 � I A MEMO TO: PAUL HAUGE FROM: EAGAN PARK DIRECTOR SCHMIDT DATE: JUNE 15, 1977 . Enclosed please find a plat of survey for the property we will deed to Leo Murphy in Blackhawk Park. The legal description is printed on the survey document. Dakota County also sent us a corrected survey and legal description of our property. Also enclosed is a letter that Alyce sent to Mr. Murphy for his signa- ture in the meantime and. a copy of my correspondence with Bernie Larson. The county surveying department has set a new corner post. We have moved our park boundary markers and Leo's fence is down and he will reinstall it on his own line when time permits. It would seem appropriate at this time for us to prepare the quit-.- claim uit: claim deed and deliver it to Mr.. Murphy. Please send me a copy of the quit claim deed and cover letter so that I can close my file on this matter. CITY OF CAGAN 3735 PILOT KNOO ROAD EAGAN. MINNESOTA 55122 May 11, 1977 Mr. Leo Murphy 1625 Deerwood Dr. Eagan, Minnesota 55122 Re: Survey - Blackhawk Park Dear Leo: Enclosed for your attention is an excerpt from the April 5, 1977 Eagan City Council minutes regarding the disputed boundary line at the south boundary of Blackhawk Park. It is our understanding that Dakota County has com= pleted the survey and the property stakes are now in place. If the boundary now meets with your approval, please sign the enclosed copy of this letter and return to me for our files. Thank you for your cooperation. Very truly yours, (Mrs.) Alyce Bolke Clerk - City of Eagan AB;skk encl Approved:i - Date: - 3,. 2:7 EAGAN PARK DEPARTMENT 3501 Coachman Rei. Eagan, Minnesota 55122 Bernard Larson April 14, 1977 Dakota County Surveyor 1560 Highway 55 Hastings, Minnesota 55033 Dear Bernie: Enclosed is a memo I submitted to the Eagan City Council at their April 5th meeting. The Council did approve the compromise proposal regarding our boundary line dispute with Leo Murphy. Therefore, I am writing to request your assistance in defining the newly agreed upon property line. The corner marker set by your department is 22 feet 10 inches south of the old marker located by No. Murphy. No request: that this corner marker be repositioned halfway between those 2 locations and a new line be determined between that and the Sb! corner of Blackhawk Park. I would like to have my crew in attendance when this Pork is done, so that they can stake the new line In preparation for moving the park limit markers we installed last year, to the Sew 3ocaticv. I will need copies of the redrafted survey for our records. I will also need a legal description for the property we are giving up so that our attorney can prepare a quit claim deed for Mr. Murphy. I greatly appreciate the assistance you have given us in resolving this matter. Sincerely yours, Barb Schmidt Eagan Park Director I MINUTES OF A REGULAR MEETING OF THE ADVISORY PARK CO4MITTEE July 14, 1977 A regular meeting of the Eagan Advisory Park Committee was held at 7:30 P.M. at the Eagan City Hall on July 14, 1977. Those members present were Chairperson Lundsten, Thursten, Coates, Martin, Beck, Brown and Roszak. Also present were City Administrator Tom Hedges, Park Director Barb Schmidt and City Engineer Bob Rosene and City Planner John Voss. Absent were Committee Members Hagen and Seurer. MINUTES. Upon motion by Roszak, seconded Coates, all members voting in favor, it was RESOLVED that the June 30, 1977 minutes be approved as read. HILLTOP ESTATES. Mr. Rod Hardy representing Dunn and Curry appeared and presented a preliminary plat entitled "Hilltop Estates", an 80 acre development which is planned for the northeast corner of the intersection of County Road 30 and 31. Dir. Hardy explained that if the preliminary plat is approved, the grading will start this fall. He explained that there are two storm water holding ponds located on the property proposed for development and it is anticipated that, both ponds will be dedicated to the City for purposes of hold- ing storm water and also to be used as park land. Mr. Hardy then explained that Dunn and Curry is willing to deed a 30 foot primary trail throughout Hilltop Estates to supplement their park dedication requirements. He further stated that if some of the irregular corners around the small pond is not included in development that area would also be deeded over to the City for park purposes. Mr. Hardy stated that the i 0 7-14-77 entire area that is under consideration totals 81.3 acres and further that the average lot is estimated in size to be 16,000 square feet. Park Director Schmidt asked if the trail would be surfaced by the Developer once Hilltop Estates is platted and developed. Mr. Hardy explained that Dunn and Curry is not planning to surface the trail however does anticipate some grading and cleaning so the trail is ready to be surfaced by the City. fir. Hardy explained that the large pond is approximately 7 acres and that the trail totals approximately 3,300 linear feet. Comments by Committee Members were directed specifically at the trail system and how it relates to Patrick Eagan Park as well as its signifi- cance as a primary trail in the City of Eagan. After further discussion on the matter and in a motion by Roszak, seconded Martin, all members voting in favor, the preliminary plat entitled "Hilltop Estates" was referred to the Development Committee and its administrative and consulting staff for review purposes. 13ALLARD PARK FIRST, SECOND AND THIRD ADDITIONS. fir. Tom ,7illmus appeared and presented preliminary plats entitled "Mallard Park First, Second and Third Additions". He stated that the three plats are proposed generally in that area north of the Woodgate Development area. Mr. Willmus•stated that the proposed Mallard Park Additions constitute a portion of the 200 acre tract he is planning to develop in the next 2 7-14-77 several years. He further explained that he would like to make a cash donation in lieu of park dedication at this time due to topographic reasons and then make a park land dedication on the flat land where future development is planned. Mr. Willmus explained that a future park land dedication could serve the entire development area. The Park Committee Members stated that there is a 200 foot ease- ment from Northern States Power Company for the high voltage tension lines that cross Mr. Willmus' property and it is possible a part of this property could be used as open space for park land purposes. Park Director Schmidt stated that City staff is making a study of these types of residen- tial developments to determine park dedication, however, it is anticipated that this report will not be completed until late summer or early fall. In a motion by Roszak, seconded Coates, all members voting in favor, the proposed preliminary plats for Mallard Park First, Second and Third Additions was referred to the Development Committee and administrative and consulting staff for further review. PARK DEDICATION RESEARCH. Park Director Schmidt stated that the City staff is conducting a survey of several suburban communities in the metropolitan area concerning park dedication and after the information is compiled, the data will be pre- sented to the Park Committee. She stated that the research is directed specifically at the formula for park dedication and cash donation and how each is equitable for a community in consideration of park development. Committee Member Roszak 3 7-14-77 discussed the possibility of hiring an appraiser to determine land values which is an important factor and consideration in determining equitable cash donations in lieu of park dedication. He stated that an appraiser would relieve some of the burden of determining land value from the City staff and also provide a neutral objective expert for determining cash values for land dedication to the City Council. Roszak stated that it is possible that the appraiser could cost $100-$1000 depending upon.the comprehensiveness of the study. Chairperson Lundsten stated that the approach of using an appraiser is good and should be considered as a part of the staff proposal in their study and research of park dedication. She further stated that she would like for the City staff to explore park dedication requirements as to how they are related to commercial development within the City. CHES 14AR THIRD ADDITION. Park Director Schmidt reported that the preliminary plat for Ches Mar Third Addition was approved at the July 5, 1977 City Council meeting with the exception that consideration be given to relocating a trail which is designated by the Park Advisory Committee between Lots 19 and 20, Block 2, Ches Mar Third Addition as proposed. City Administrator Hedges stated that buildable lots located adjacent to a county road require a 50 foot setback and because of the size of the lot the City Council felt the trail would be better located in the county road right-of-way therefore allowing a house to be set back further from Cliff Road. City Engineer Rosene stated that the trail is designated 4 0 0 7-14-77 to intersect with the location of the two reservoirs which are planned to the west of Ches Mar Third Addition. Therefore, the City Engineer further indicated that it is better planning to locate the trail in the Cliff Road right-of-way for planning purposes. CLIFF ROAD TRAIL. Park Director Schmidt reported that a meeting between the City staff and Dakota County Highway Dept. staff was held recently to discuss the feasibility of designing a 13 foot berm as a part of the road improvements planned by the county this year in the Woodgate area. She further stated that the City staff is recommending that the 13 foot berm be included with the construction plans so that a trail could be constructed adjacent to Cliff Road in future years. After further discussion on the matter, in a notion by Cooper, seconded Beck, all members voting in favor, action was taken to recommend that the Dakota County Highway Depart- ment include a 13 foot berm on the north side of Cliff Road as a part of their construction plan for the update and improve- ment of Cliff Road in the Woodgate area to allow for the future development of a trail along Cliff Road in that atea. DONNYWOOD PARK. Chairperson Lundsten introduced the Donnywood Park issue by stating that all the development plans for Donnywood Park were reviewed and established as a part of the original plat approved in 1973. She further stated that Donnywood Park was.intended to be a wildlife nature area and that two 6 -foot hard surfaced trails would be constructed to allow accessibility by the public into the 5 0 0 7-14-77 Donnywood Park area. Chairperson Lundsten explained that because there is some opposition to constructing one of the access trails leading directly into Donnywood Park, the matter was referred to the Development Committee and asked the committee chairman to give a report of their findings. Park Committee Member Coates stated that the Development Committee is recommending the following 1. Six foot wide asphalt pathways should be installed on Outlots A and B according to the agreement made between the developer and the City Council as a condition of final plat approval. A. To provide clearly defined access to the City park land. B. To provide access to the land locked parcel adjacent to the park land. 2. The Park Committee should also add additional footage leading into the park area to the trail on Outlot A to prevent its ending abruptly at the rear lot line. 3. Fill should be provided by the developer in the low area in the southern portion of the park as originally agreed at the time of platting. A. To allow walking access to the natural area from one side of the park to the other. B. To provide better access to the park in the area adjacent to Outlot E. Mr. Ray Davis appeared and stated that he was in favor of the trails but questioned whether motorized vehicles are allowed on a six foot trail. Chairperson Lundsten explained that the trails are planned for pedestrian move- ment and non -motorized vehicles and that motorized vehicles are excluded from use on the trails. Mr. Don Grant appeared and stated that he was in favor of constructing both trails M 0 0 7-14-77 and also asked that the petition from the residents in By The Shores be read in full. Park Director Schmidt read the petition from the property owners who are located in By The Shores which basically states opposition to construction of a six foot bituminous trail on Outlot A. Mr. Grant explained that property owners who reside around Donnywood Park were in agreement with the platting of By The Shores if the City Council was agreeable to a six foot hard surface trail access from Quarry Court to Donnywood Park assuring property owners in the area access to Donnywood Park. He further stated that before the final plat for By The Shores was approved, the City Council agreed to constructing a hard surface pathway in Outlot A. City Engineer Rosene discussed the boundary line of Donnywood Park and explained that approximately 2'h - 4% of the wetland area would be sacrificed if fill were allowed to be placed along Lots 1 and 2, Block 3, By The Shores plat. He further stated that the fill would be 0 - 3 feet in depth and would be excess dirt provided by the developer of By The Shores plat. Pyr. Gordie Tierney questioned the water level of the pond and stated that the wetland does not soak away as rapidly as described by the City Engineer. He further stated that he is in opposition to a hard surface pathway on Outlot A. Air. Tierney stated that he is supporting an alternate pathway through Outlot E which would make better access to the entire wetland and also LeMay Lake. Por. Joe Kellner appeared and stated that he was in support of a hard surface trail on Outlot A and also stated that the pond as described 7 7-14-77 fluctuates in depth quite regularly depending upon the amount of rain received each year. Park Committee Elember Roszak asked the City Engineer to provide information on the desired water level for the pond and also whether the water will encroach the Tierney property if the fill is placed on the edge of Lots 1 and 2, Block 3 of the plat as described. City Engineer Rosene stated that the wetland would remain at a more constant level if a storm water pipe were extended between the wetland and Let%.ay Lake. fir. Ray Davis stated that he is anxious to have the pathway surfaced which is planned for Outlot B. He further stated that a surfaced walkway will allow a designated route for pedestrian and non - motorized vehicles whereas presently, pedestrians and non - motorized vehicles are crossing various areas of his property. Don Grant again spoke to the matter of the trail access and stated that access to Donnywood Park was the main.issue at the time the plat was approved, therefore, again discussed his support of the hard surface pathways for Outlot A and Outlot B. Por. Mark Johnhardt appeared and stated that people that are presently using the nature wildlife area are entering at an access point through Outlot E rather than Outlot A and questioned why a hard surface trail was proposed for Outlot A when the people are not using that access to Donnywood Park, tor. Johnh:r6t stated that he was in favor of the alternate pathway in Outlot E as opposed to a hard surface pathway on Outlot A. Jolly Sault appeared and was concerned about the variance procedure stating that Mr. Tancheff's house F 0 0 7-14-77 should not have been allowed to be constructed within two feet of a hard surface pathway. Mr. John Voss, City Planner, was called upon by Chairperson Lundsten to discuss the neighborhood park concept and how the entire development of By The Shores as well as adjoining developments relate to Donnywood Park. Mr. Don Sault appeared and stated that because the property is developed and the fact that Mr. Tancheff°s house was allowed to be built within two feet of the .trail he feels that the hard surface pathway designated on Outlot A should not be allowed to be developed and the City should consider developing a hard surface pathway on Outlot E for access to Donnywood Park and LeMay Lake. He further stated that people will use the hard surface trail on Outlot E more than the trail that is planned for Outlot A. Mr. Frank Vukmonich appeared and stated that he is a professional ecologist and feels that a wildlife area as designated for Donnywood Park is not compatible to a play area and therefore feels that a hard surface pathway leading directly into Donnywood Park should not be allowed. He further stated that the proposal as presented by the property owners in By The Shores designating Outlot E as a hard surface pathway is a better proposal for recreational use in the area. Park Director Schmidt stated that there is no maintenance proposed for Donnywood Park due to the fact that the park land has been determined as a minimal refuge area for wildlife nature purposes. Committee Member Boszak asked if it is essential 0 0 s 7-14-77 to hard surface a pathway and if so is blacktop the best alternative. City Engineer Rosene and Park Director Schmidt felt that a pathway should be surfaced and blacktop is the best alternative because of low maintenance. Committee Member Roszak also asked if funds are available to develop the residents proposal. Park Director Schmidt stated that there are no funds available to develop a hard surface path- way in Outlot E. Committee Member Martin questioned whether the fill is that necessary on a part of Lots 1 and 2, Block 3, By The Shores plat. City Engineer Rosene stated that if pedestrian movement is to be allowed around the wetland in Donnywood Park, it would be essential that the fill be placed in that corner of the wetland. Committee Member Beck stated that she is in favor of a hard surface pathway so pedestrians are given a designated access area. With there bAng no further discussion on the matter, Committee Member Roszak complimented the chair on conducting a cjrod hearing and in a motion by Brown, seconded Thursten, all members voting favor.,- t%r;: xnco=endation of the Development Conmiittee to include t;.e fo7Ilowingo 1. Six foot wide at;cha;.t pathway should be installed on Outici:s A and. B according to the agreement made between t:ie levcloper and the City Council as a condition of final plat approval. A. To provide clearly defined public access to th:: City park land. B. To provide access to the land locked parcel adjacent to the park land. 2. The Park Committee e;hould also add additional footage leading into the park area to the trail on Outlot A to prevent its ending abruptly at the rear lot line. 10 7--14-77 3. The fill should be Provided by the developer in the low area and the southern portion of the park as originally agreed at the time of platting. A. To allow walking access through the natural area from one side of the park to the other. B. To provide better access to the park in the area adjacent to Outlot E was given approval PARK CONCEPT DEVELOPMENT PLANS, Mr. John Voss, City Planner, appeared and discussed the park concept plans and cost estimates for the four parks that are scheduled for development in 1977-1978. He stated the four parks are Well Site Park, Northview Athletic Field, Pilot Knob Park and South Oaks Park. Mr. Voss reviewed in detail each of the concept plans for the four parks as stated and also the estimated cost of construction and in addition other expenses which in total are estimated as $183,400. He then reviewed the contract for preparation of plans and specifications and supez-vii r.n Of construction for the City parks as stated and recommended that the City Attorney review the contra, -t: 7-1ior ity Council. Park Director Schmidt to approval by the C stated that the a grant programwhich is to allow municip�.li�:�e� to receive 508 funding on the development of az ath?-ati.c c,)uri consisting of two tennis courts in ire Statue M 11r:esota. Park Director Schmidt recommezlde that z::, <pp.licat=on be filed with the State of Minnesota request.i.:!:l 50% funding on the athletic court which is proposad for F:ilot Knob Park. Park Director Schmidt stated that funding r=�:;, the State of Minnesota for an 11 • 0 7-14-77 athletic court would reduce the financial commitment as proposed for park development as prepared by the.City Planner. In a motion by Roszak, seconded Cooper, all members voting in favor, Park Director Schmidt was directed to apply for a grant that would participate up to 50% for the financing for an athletic court in the City of Eagan. City Planner Voss further stated that he would direct the engineering in the field as the four parks are developed in the next two years. After several questions on the contract, a motion was introduced by Roszak, seconded Thursten, all members voting in favor that a recommendation be made to the City Council approving the park concept plans and cost estimate for improving Well Site Park, Northview Athletic Field, Pilot Knob Park and South Oaks Park and that the proposed contract for the preparation of plans and specifications be approved so that bids can be let for construction of these four parks as soon as r_o-si_ble. PARK DEDICATICte_ _ R : _SCTSDI IDED .LOTS. Park Di_-ector Schmidt stated that the City nr.s:E:f is examir_i.ng the prccedure in which resubdivided !;)tr w. t3. �F included as a part of the park dedication c !or Cash donati.rn policy which is a part of the land d,:z.elcpmerr:: ::c:, :: ;at i.O.1s .in the City. After further discussiort ."�Tid it a ta:,'cion !,,v Roszak, seconded by Coates, all menbers vo`_., e- s+ f.a✓ -7, 'Che City staff Was directed to further re.%Yiew the matter of park dedication or cash donation for resubdivided lets as a part of the overall 12 0 7-14-•77 park dedication research project. After motion duly made and seconded, the meeting adjourned at approximately 12:00 P.M. 13 -la HAUGE & HOEY, P.A. PAUL H. HAUGE Attorneys at Law GEORGE H. HOEY 3908 SIBLEY MEMORIAL HIGHWAY Area Code 612 PAUL M. TATONE EAGAN (ST. PAUL), MINNESOTA 55122 Telephone 4544224 August 3.197J, eo F. Murphy 5 Deerwocd Drive Eagan, PBd 55122 Re: City of Eagan - Blackhawk Park Dear Leo: I am enclosin- the Quitclaim Deed that i have now recorded with the Register of Deeds covering the triangular piece of property being deeded ,from Eagan to you. You may want to keep it for your own permanent records. I am sending a copy of this letter to Alyce Bolke with a copy of the deed so that she keeps a record of it in the Eagan files also in relation to Blackhawk Park. Very truly yours, Paul 11. 11auge PHH:1na cc: Alyce Bolke Enc. HAUGEI& HOEY, P.A. PAUL H. HAUGE- - .Attorneys at Law GEORGE H. HOEY 3908 SIBLEY MEMORIAL HIGHWAY PAUL M. TATONE - EAGAN (ST. PAUL), MINNESOTA 55122 June 23, 1977 County Recorder DICDkota County Government Center r-`_ i Hastings, Minnesota 55033 RE: Part of Govt. Lot 2, Section 21, Township 27, Range 23 Dear Sir: I am herewith enclosing a Quit Claim Deed from the City of Eagan to Leo P. Murphy and Ardelle M. Murphy, husband and wife,' together with our check in the sum of $3.00 for recording fees. This is abstract property. Please return the recorded document to my office. If you should have any questions, please call. Very truly yours, Pful: me one. Paul ll. llauge Area Code 612 Telephone 4544224 Tbiv 3lnbenture, dfade this .... ..a.... .. ............day of. ..........June.. ... .. _. _.... .., 1977 betraecn..,._.....................................!UTY._OF... EAGArj.,....a..municipality..... ............... of the County of... pakota and State of.___............ ... Minnesota.,.._ .......... .__......, part_Y ... of the forst part, and... ...... -:LEO ... ,,.,Ml1.RPilY... nd,.,ARD.ELLE....?......MURPHI(,..,_husband._._and.,wife.......... ........_....,...,.,. ................................ .......__......... ,........................ ................... _....,....... .., of the County of ....... -.Dako..q.... ...... ... _._..._...._.,...,_..arid. State of......................Min>xes.A.t,d......... ...._...... ........ _.., parties of the sceond part, WitneggCHJ, That the said parl.Y ...... of tile, first part, in consideration of the Burn, of.'..'.. -_ -... One ...Dollar„_and,,,other_,_good.., and...v.. a...l...u.a...b...l...e...consideration- -_-,.,-...'...-.---_..7._.DOLL.11?S, to ........ it ........ .......in, hand paid by the said parties of the second part, the receipt whcre.of is hereby ackrrarel- edged, does...... hereby Grant, Idarisa.in, (tud•lelaim, and Convey unto the said parlies of the, second part as joint tenants and not as tenants in, common, their assl!jn.s, the survivor of said parties, and, the heirs arm assi.?ns of the survivor, Forever, all the, tract...... or prr.recl._... of land lyin�j and 1wino in tile. County of .... .............. Dakota ......... _....... ,..... ...... ..... .and State of dlinnesota., described as follows, to -raft: That part of Government Lot 2, Section 21, Township 27, Range 23, Dakota County, Minnesota, lying South of a line running from the Southwest corner of said Covernment Lot 2 to a point on the East line of said Government Lot 2, distant 12.00 feet North of the Southeast corner of said Government Lot 2. Containing 0.18 acres. TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Leo F. Murphy 1625 Deerwood Drive Eagan, Minnesota 55122 Q STATE DEED TAX STAMPS DUE HEREON: C To jfjabe ana to 1()olb the �b=C, To&ther with all the hereditaments and appurtenances there., unto belon6ing or in o,ry/wisc appertaining to the said parties of tile, second part, their assigns, the sur- vivor. of .said partirs, and the heirs and assigns of the, survivor, Forever, the said parties of the scrond part t(rlrirtR as joint, tenants and not as tenants in common.. 31n Teeahnoup Wf)creof, The said. party ........ of the first part ha s ..... .. he.rrunto srl hand. the (lay rind year first above written. CITY OF EAGAN Herbert H..Polzin, its Mayor ............ .................._.............. ._......... ............. . ___,And: c. Alyce Bolke, its Clerk S % 1 1 �P i ,1 � I A MEMO TO: PAUL HAUGE FROM: EAGAN PARK DIRECTOR SCHMIDT DATE: JUNE 15, 1977 . Enclosed please find a plat of survey for the property we will deed to Leo Murphy in Blackhawk Park. The legal description is printed on the survey document. Dakota County also sent us a corrected survey and legal description of our property. Also enclosed is a letter that Alyce sent to Mr. Murphy for his signa- ture in the meantime and. a copy of my correspondence with Bernie Larson. The county surveying department has set a new corner post. We have moved our park boundary markers and Leo's fence is down and he will reinstall it on his own line when time permits. It would seem appropriate at this time for us to prepare the quit-.- claim uit: claim deed and deliver it to Mr.. Murphy. Please send me a copy of the quit claim deed and cover letter so that I can close my file on this matter. CITY OF CAGAN 3735 PILOT KNOO ROAD EAGAN. MINNESOTA 55122 May 11, 1977 Mr. Leo Murphy 1625 Deerwood Dr. Eagan, Minnesota 55122 Re: Survey - Blackhawk Park Dear Leo: Enclosed for your attention is an excerpt from the April 5, 1977 Eagan City Council minutes regarding the disputed boundary line at the south boundary of Blackhawk Park. It is our understanding that Dakota County has com= pleted the survey and the property stakes are now in place. If the boundary now meets with your approval, please sign the enclosed copy of this letter and return to me for our files. Thank you for your cooperation. Very truly yours, (Mrs.) Alyce Bolke Clerk - City of Eagan AB;skk encl Approved:i - Date: - 3,. 2:7 EAGAN PARK DEPARTMENT 3501 Coachman Rei. Eagan, Minnesota 55122 Bernard Larson April 14, 1977 Dakota County Surveyor 1560 Highway 55 Hastings, Minnesota 55033 Dear Bernie: Enclosed is a memo I submitted to the Eagan City Council at their April 5th meeting. The Council did approve the compromise proposal regarding our boundary line dispute with Leo Murphy. Therefore, I am writing to request your assistance in defining the newly agreed upon property line. The corner marker set by your department is 22 feet 10 inches south of the old marker located by No. Murphy. No request: that this corner marker be repositioned halfway between those 2 locations and a new line be determined between that and the Sb! corner of Blackhawk Park. I would like to have my crew in attendance when this Pork is done, so that they can stake the new line In preparation for moving the park limit markers we installed last year, to the Sew 3ocaticv. I will need copies of the redrafted survey for our records. I will also need a legal description for the property we are giving up so that our attorney can prepare a quit claim deed for Mr. Murphy. I greatly appreciate the assistance you have given us in resolving this matter. Sincerely yours, Barb Schmidt Eagan Park Director I