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12/06/1983 - City Council Regular 00349 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 6, 1983 A regular meeting of the Eagan City Council was held on Tuesday, December 6, 1983 at 6:30 p.m. at the new Eagan Municipal Center. Present were Mayor Blomquist and City Couneilmembers Smith, Wachter and Egan. Absent was Councilmember Thomas. Also present were City Administrator Hedges, Public Works Director Colbert, Consulting Engineering Rosene, City Planner Runkle and City Attorney Hauge. NEW CITY HALL Mayor Blomquist officially recognized the opening of the new City Hall and the dedication of the new City Council Chambers for future legislative business in the City. City staff moved into the building during the prior week. AGENDA Wachter moved, Egan seconded the motion to approve the agenda as pre- pared. All voted yes. MINUTES Upon motion by Smith, seconded Wachter, it was resolved that the minutes of the November 15, 1983 regular meeting be approved with the change on page 12 concerning the off-sale liquor license policy request by David Perrier, in that it was noted that justification must be submitted in advance of the meeting. All voted yea. POLICE DEPARTMENT City Administrator Tom Hedges explained that as part of the 1984 operat- ing budget, a capital expenditure was approved for the purchase of seven police patrol ears. The amount budgeted was $8,900.00 per unit, and the City has now been notified through the Hennepin County Joint Purchasing Agreement that the police package automobiles will be $10,300.00 each. The Police Department is also suggesting that a Suburban 4-wheel drive be purchased and used as an unmarked police vehicle with a bid through Hennepin County of $12,000.00. Police Chief Berthe was present and explained the reasons for the request for the Suburban vehicle and the potential for financing it under equipment certificates. After discussion, Wachter moved, Egan seconded the motion to authorize the purchase of six patrol cars and one Suburban vehicle through the Hennepin County Purchasing Agreement. All voted in favor. 1 00350 Council Minutes December 6, 1983 PUBLIC WORKS DEPARTMENT Tom Colbert was present and explained that MnDOT has now proposed to close both Deerwood Drive and County Road #30 during construction of I-35E. Neither road would have a by-pass, resulting in east-west traffic on Yankee Doodle Road and Cliff Road only. MnDOT has indicated it must close Deerwood Drive because of the deep cuts required. After discussion, Smith moved, Egan seconded the motion to require that Deerwood Drive remain open and not allow simultaneous closings of Deerwood and County Road #30 (Diffley Road). All voted yes. CONSENT AGENDA The following consent agenda items were submitted and recommended for approval: 1. Annual Gravel Pit License. The application of Arnold J. Leitner for annual gravel pit license renewal was recommended for approval by the staff. 2. Secretary - Parks & Recreation & Protective Inspections Dept. It was noted that over 70 applications were received for the secretarial position in the Parks & Recreation & Protective Inspection Dept. and Janice Severson of 4237 North Nybro Lane in Eagan was recommended to be hired by the City Council for the position. 3. Duckwood Trails - Utilities Vacation. A petition was received from the Developers of Duckwood Trails 2nd Addition to vacate utility easements in the Duckwood Trail Addition and it was recommended that a public hearing be scheduled for December 20, 1983 at 7:00 p.m. at the City Hall. 4. Almquist Lake Trunk Storm Sewer - Project #393. The feasibility report has now been completed for Project #393 and it was submitted for consideration by the City Council. The staff recommended the report be re- ceived and that a public hearing be scheduled on January 17, 1984 at 7:00 p.m. at the Eagan City Hall. 5. Cedarvale 2nd Addition - Project #373. The feasibility report covering streets and storm sewer improvements in the Cedarvale 2nd Addition has now been completed and it was recommended by the staff that the Council receive the report and that it schedule a public hearing at the Eagan City Hall at 7:00 p.m. on January 17, 1984. 6. Used Police Squad Car. It was recommended that the City sell a squad car (#13) due to high mileage and anticipation of costly repairs. Two bids have been received with the high bid of Metro Auto Salvage in the sum of $1,875.00 and it was recommended the Council approve the sale. 2 00351 Council Minutes December 6, 1983 7. Water Treatment Plant - Project #371. Project #371 consisting c,' water treatment plant, streets and utilities was scheduled for hearing at an earlier time but inadvertantly only one week's publication was inserted by the legal newspaper. The City Attorney's office has recommended that the Council reschedule the hearing for December 20, 1983 at 7:00 p.m. at the City Hall and rehold the hearing at that time for purposes of completing the 1983 general obligation bond transcript. Smith moved, Wachter seconded the motion to approve the consent agenda as presented and order the implementation of all the recommendations. All voted in favor. WILDERNESS RUN ROAD - STOP SIGN In the summer of 1981, stop signs were installed on Wilderness Run Road at the east intersection of Wilderness Run Drive. Council action had ini- tiated that stop sign and there have been objections to the location of that sign. With the recent opening of Lexington Avenue, it was determined that the majority of the traffic was now being handled by the newly constructed County Road. Smith moved, Wachter seconded the motion to remove the stop sign at Wilderness Run Road at its intersection with east Wilderness Run Drive on an experimental basis. All voted yes. PROJECT #391 - LONE OAK ROAD - TRUNK HIGHWAY 55 - TRUNK WATERMAIN The City received a Cost Participation Agreement from MnDOT which ad- dresses relocation of City utilities in addition to the city transferring easement deeds to the State for lands that are being acquired for trunk highway right-of-way by the State. Review has been made by the Consulting Engineer, Public Works Director and the City Attorney's office and the Agree- ment was recommended for approval. Wachter moved, Smith seconded the motion to adopt the resolution approving MnDOT Agreement #61679 and authorize its execution. All voted in favor. RASMUSSEN ADDITION - VACATION The public hearing concerning the vacation of street and utility ease- ments in the former Rasmussen Addition, now the Lake Park Shores Addition, was convened by Mayor Bea Blomquist. Mr. Colbert stated that the Dakota County Abstract Co. and the Dakota County Recorder have requested a new hearing concerning the vacation of the easements which originally had been vacated by Quit Claim Deed only. Notices had been properly published and there were no objections at the hearing. The owner has requested the vacation of the ease- ments and all new easements replaced through the process. Egan moved, Wachter seconded the motion to close the hearing and to approve the vacation of the street and utility easements within Rasmussen Addition. All voted in favor. R 83-73 3 00352 Council Minutes December 6, 1983 FEDERAL REVENUE SHARING - PROPOSED USE Two hearings are required annually for federal revenue sharing funds; first the proposed use and second, to adopt the budget. The City currently has $261,127.00 revenue sharing money available and it is understood through Senator Rudy Boschwitz's office that the revenue sharing bill for 1984 has been approved by Congress and the City can anticipate $137,749.00. No com- ments were received from the audience. Egan moved, Wachter seconded the motion to establish the proposed use of federal revenue sharing money for future capital and operating expenses as deemed appropriate by the City Council. All voted in favor. PARK SYSTEMS PLAN The Park Systems Plan has been reviewed by the Advisory Parks and Recrea- tion Department and also by the City Council on several other occasions. A number of public hearings have been held, workshop sessions with the City Consultant and Tim Erkkila & Associates and the Park and Recreation Commission is recommending approval of the plan. Chairman Roger Martin of the Park and Recreation Commission and Ken Vra, the Director, were present. Mayor Blom- quist thanked the members of the Commission for their contributions for the preparation of the plan. Wachter moved, Smith seconded the motion to approve the Park Systems Plan as presented. All voted yes. PARK SYSTEMS CITIZENS TASK FORCE The Park Committee has recommended that a Citizens Task Force be estab- lished with a selection of persons to review the financing needs for the implementation of the Park Systems Plan. Smith moved, Egan seconded the motion to appoint a Citizens Task Force to review the working proposal of the Advisory Parks and Recreation Commission in anticipation of the Park Bond referendum with objectives according to the Memorandum prepared by the Advisory Parks and Recreation Commission dated December 2, 1983. All voted yea. RACE FACILITY - TAX INCREMENT FINANCING The public hearing regarding the tax increment financing for the proposed Class A Horseracing Track facility which was continued from the November 15, 1983 regular Council meeting was again convened by Mayor Blomquist. The hearing began at 7:15 p.m. It was noted that the bonds would not be sold unless the Minnesota Racing Commission selects Eagan as the site for the facility, and secondly, that all financial gurantees and requirements as set forth in the proposed Development Agreement are implemented. A number of questions had arisen at the last meeting and the Finance Committee has met, as 4 00353 Council Minutes December 6, 1983 explained by Mr. Hedges. Peter Jarvis of BRW Planners on behalf of the Jocke-< Club, first made a presentation. He stated that 449 acres are being proposed to be developed by two entities with 234 acres by the Jockey Club. He explained the proposal briefly and stated the intention is to start construc- tion in the Spring of 1984 if approval is given by the State Commission. He indicated that the EAW has been completed and the draft EIS is expected to be completed by mid-January 1984. The preliminary Resolution for the industrial revenue bonds has been approved by the City Council and he reviewed reasons why the applicant is requesting the tax increment financing be approved. 1. He stated that it is expected that 1,280 persons will be employed seasonally for 3 1/2 to 4 months with 60 persons roughly full time. About 860 will be hired locally on a seasonal basis. It is anticipated that seasonal payroll will be $4.5 to $4.6 million. 2. He stated the prime development area is on the perimeter and there- fore the race facility is the least desirable portion of the property. 3. Tax Revenue - the expected value of the project at the end of the bond period of 17 years will increase from $22 million to $44 million with tax revenue anticipated at $1.8 million per year. 4. The time frame will be approximately 10 years to develop the entire site as opposed to about 20 years for the entire site originally expected. 5. Financing includes cash equity of $6 million and industrial revenue financing of $26 million, and tax increment financing of $6 million. Mr. Jarvis then explained the reasons for the request for tax increment financing. 1. The location is a rugged site with high development costs. 2. In order to develop the project with quality construction, tax increment financing is necessary. 3. Tax increment financing acts as an inducement to the developers to construct the facility. Wayne Burgraff of Evensen-Dodge, retained by the City as a financial consultant for the tax increment proposal, reviewed in detail the guarantees that are proposed to be acquired from the developer. He stated that a letter of credit will be required to cover the increment received to insure annual specified tax increment will be received by the City in an amount approxi- mately equal to 25% of the total debt service on the bond issue and that the tax increment project will contribute its share of fiscal disparities valua- tion. He further stated that before the tax increment bonds are issued, the following steps must be accomplished: 5 00354 Council Minutes December 6, 1983 1. Race Commission approval must be acquired. 2. The tax increment district must be certified. 3. A Developers Agreement shall be entered into with the Eagan HRA. 4. The committment of cash equity from the developers will be required. 5. Sale of the industrial revenue bonds shall be completed. 6. Letter of Credit for the industrial revenue bonds and guarantees associated with tax increment bonds will also be implemented. Captain Pat Geagan of the Eagan Police Department gave a short summary of the public safety issues and indicated that he and Eagan Chief Berthe have made a comprehensive review of public safety issues regarding race tracks. Three important aspects include: 1. Strong initial enforcement. 2. Good security planned by the operators. 3. A good working relationship with the law enforcement and other enforcing agencies. Fire Chief Bob Childers was also present and stated that he had made contacts with Chiefs in four other race track locations and determined that there were no major problems that could be identified, A fire rig and ambu- lance are proposed to be furnished by the operators on the site. Two addi- tional police officers are being proposed with off-season jobs including crime-prevention and child neglect. At 8:20 Mayor Blomquist opened the hearing to comments from the audience. James Curry indicated he favored the proposal and stated the identity to Eagan will create more development and be advantageous to the City. John Klein was not opposed to the track but opposed tax increment as too risky for the taxpayers of Eagan. He stated that it was his opinion that the City would lose industry with such heavy traffic. Attorney Bob Hoffman, for the Jockey Club, and as a developer in Eagan, stated the net worth of the developer is not an issue and and many major developments in the suburban area are acquir- ing tax increment financing. The race track will be a monopoly and will be an attraction to the general area according to Mr. Hoffman. Barbara Schmidt, questioned the assessment on the property and questioned which area would be benefited for special assessment purposes. Dave Rolbecki asked if other tax increment districts will be permitted in the City. Mr. Hedges stated that no tax increment policy has been implemented. Mayor Blom- 6 00355 Council Minutes December 6, 1983 quist indicated this is a unique set of circumstances and Councilman Sm :h stated that this Council cannot commit future councils to such policy deci- sions. Steve Rosholt, bond counsel, appeared and reviewed the current legis- lation before Congress regarding the proposal to deny industrial revenue bonds for race facilities. He stated that if Congress does not allow such indus- trial revenue financing, that the project would not be financed by that method. Bob Carter, Jr. of South St. Paul, President of the South St. Paul-Inver Grove Heights Chamber of Commerce was present and encouraged approval by the Council if it could logically handle the financing. Don Prettyman, a resident of Eagan, favored the proposal, as did Jim Imre, the President of General Coatings. Dick Stryker, a long-time developer in the City also spoke in favor of the project and the financing method proposed. At 9:00 p.m. the Council commenced its deliberations and Councilman Smith indicated that he had been on the Finance Committee and many very lengthy meetings had been held concerning tax increment financing. Councilman Egan stated this is a unique process which does include some risk but he has received no negative telephone calls or letters concerning the race facility. Councilman Wachter stated that 70% of Eagan residents voted for paramutual betting and also indicated he felt it was a good location. He indicated, however, he does not favor the tax increment financing for the project. Mayor Blomquist also repeated that it was a unique opportunity and she felt that the guarantees, if implemented, appear to be adequate. Smith then moved, Egan seconded the motion to approve the tax increment financing for the project as submitted by the Minnesota Jockey Club and direct the action back to the Housing and Redevelopment Authority basing his reasons upon the following: 1. Reports prepared by the Fire and Police Departments indicated little or no impact would be created by the race facility if it is run efficiently. 2. There appear to be adequate financial guarantees by the developer to the City. 3. There are some unique aspects to the property that have impeded its development. 4. This will be the only Class A race track facility in the State. 5. Other development would be attracted by the project. 6. The State law allows $.10 per admission to be paid to the local city. 7. Community identity which is now lacking in Eagan and should be acquired by the project. 7 0035E Council Minutes December 6, 1983 8. It appears that in order to develop a first class facility, tax increment financing is a requirement. Those in favor were Smith, Egan and Blomquist; Wachter voted no. FAWN RIDGE ADDITION - PRELIMINARY PLAT The application of Jerry Lagro and Countryside Builders for preliminary plat approval for Fawn Ridge Addition was next presented to the Council. The Advisory Planning Commission reviewed the application on October 25, 1983 and the City Council considered the application on November 15, and continued it until December 6, 1983. Several concerns were expressed including the loca- tion of the twin home lots and overall density and also the road connection between Fawn Ridge and Oak Pond Heights Addition. Dale Runkle reviewed the application and stated the only remaining issue is the Oak Pond Hills connec- tion, following a meeting between the developer and neighbors, at which time the issue of the twin home lots and lots abutting Oak Pond Hills was resolved. Residents from Oak Pond Hills were present and opposed the access road and some residents also opposed the smaller lots in the new proposed subdivision. Councilman Wachter suggested one-way at the access to Oak Pond Hills. The staff indicated there are 38 similar stub streets in the City, at each of which locations, through streets are proposed to be installed when adjoining unplatted land becomes subdivided. The staff recommended Plan D, which is a revision to the street layout in Fawn Ridge, which would discourage residen- tial traffic through Oak Pond Hills. It was suggested that if a problem takes place regarding excessive traffic in the future, that there would be a possi- bility of reviewing one-way traffic into the subdivision. Opposition was based also upon reduction in value due to smaller lots in the adjoining subdivision. Councilman Smith indicated that 1,300 foot cul-de-sacs should not be allowed, and that the subdivision does conform with the densities, even though there may be an objection to small sized lots. The plan is to acquire sani- tary sewer service from the north and not from the west and the developer indicated that he would accept the condition that the sanitary sewer have access from the north. Mayor Blomquist stated that there was not adequate information concerning details regarding lot sizes, etc. Smith moved, Egan seconded the motion to approve the application, including the conditions imposed by the Planning Commission and the following conditions: 1. That Plan D be approved, including access to Oak Pond Hills. 2. Sanitary Sewer be served from the north in the subdivision. 8 0035 7 Council Minutes December 6, 1983 3. That traffic at the intersection of Oak Pond Hills be monitored and if the Council at a later time determines that an adjustment is required, tha. it could do so at that time. Councilman Egan stated that all lots ad joini:lg Oak Pond Hills are now single-family lots and that he is opposed to a long cul-de-sac. Councilman Wachter stated he did not favor the small lots and would prefer the Eagan City Council amend the ordinance, if necessary, to authorize the smaller lots in the future. Those in favor were Smith and Egan, those against were Blomquist and Wachter. Blomquist moved, Egan seconded the motion to reconsider the motion and that the reconsideration take place on December 20, 1983. All voted in favor. ODELL VS. CITY OF EAGAN On November 15, 1983, the City Administrator was directed by the Council to place the Odell vs. City of Eagan case on the agenda for general discus- sion. Notice had been given to the affected Odell neighbors concerning the consideration on December 6, and several of the neighbors were present in the audience. Mr. Hedges and Mr. Hauge reviewed the decision by the District Court and indicated that an appeal has now been taken by the Odells to the Minnesota Supreme Court. Councilman Smith indicated that if the Odells agree to remove the garage and replat the property, the Council should approve a replat of the Odell parcel. Smith then moved, Wachter seconded the motion to authorize the approval of an application for plat approval provided the Odells remove the garage from the lot and submit an application for replat and release their claim for damages against the City. Terrance Votel, a neigh- boring owner was present and stated that the District Court had adequate reasons to deny the application for replat or waiver of plat and that the garage location wasn't the only reason for the Court's decision. Councilman Egan stated the Supreme Court must rule on the facts as they existed at the time of the application, and the burden is on the Odells to remove the garage and then return to the Council with an application. Those in favor were Smith and Wachter, those against were Blomquist and Egan. Smith then changed his vote to no. The Mayor then asked for an opinion as to the change of vote by Council- member Smith. There was discussion concerning the proposal for the motion to be reconsiderd and Councilman Smith indicated that he would make a motion at the next meeting to reconsider the motion that was defeated and. that the issue would then be considered at the first Council meeting in January of 1984. EAGAN ECONOMIC DEVELOPMENT COMMISSION APPOINTMENTS As a part of the Star City Program, one of the twelve criteria is the creation and appointment of a local development commission. Councilmembers reviewed the guidelines for the appointments and Mr. Hedges stated that adver- tising for interested persons was accomplished in the local newspapers. Applications submitted were from John McCall, Dick Stevenson, Edna Street, 9 00358 Council Minutes December 6, 1983 Roger Lee, Larry Kraning, Dave Kleimola, Larry Wenzel and Thomas Strehlow. In addition, five real estate persons indicated an interest, including Michael Schumacher, Tom Ellingson, Tom Davis, John Klein, and Mark Parranto. The schedule was submitted by the City Administrator with nine different business criteria and upon motion by Blomquist, seconded Smith, it was resolved the following persons be appointed to the Commission: 1. Plant Manager/Industrial Owner: John McCall 2. Financial Profession: Dick Stevenson 3. Local Media: Edna Street 4. Local Utilities Service: Roger Lee 5. Local Retail Trades: Larry Kraning. 6. City Government Services: Tom Hedges 7. City Service Area: David Kleimola 8. Ad Hoc: Larry Wenzel. All voted in favor. The Council then took a vote on one representative for the real estate profession and Mark Parranto was elected. HANK BRUESTLE - BUILDING PERMIT An application was submitted by Henry Bruestle, Jr. for building permit for single family residence on unplatted property of less than 5 acres in Section 16, west of Pilot Knob Road. Mr. Bruestle was present and indicated that his home had been displaced by the I-35E construction, which caused the hardship. After review, Blomquist moved, Wachter seconded the motion to approve the building based upon the hardship described above and on the following conditions: 1. The applicants connect to City services (sanitary sewer and water) prior to occupancy of the homestead. 2. Cash dedication shall be paid for the newly-created home for park dedication. 3. Mr. Bruestle for himself and his successors shall agree to plat his existing lot when the area adjacent to his lot develops. All voted yes. DALE VAGNILD - SETBACK VARIANCE OAK RIDGE ACRES The application from Dale Wagnild for 10 foot front setback variance to the 40 foot requirement on Lot 5, Block 1, Oak Ridge Acres was presented to the Council. Mr. Wagnild was not present and Smith moved, Blomquist seconded the motion to continue the application to the December 20, 1983 meeting. All voted in favor. 10 00359 Council Minutes December 6, 1983 PAUL DEHLER - TEMPORARY SIGN PERMIT The application of Paul Dehler for special permit for temporary adver- tising sign for Overhill Farm Addition to be located at the southwest corner of Pilot Knob Road and Cliff Road on the Neal Coates property was considered by the Council. Paul Dehler was present and the Councilmembers inquired as to the number of signs on the Coates' property. Smith moved, Egan seconded the motion to approve the application subject to the following conditions: 1. The sign shall have a termination date of December 6, 1985. 2. The sign shall not block other signs in that general quadrant. 3. All other ordinance provisions shall be met. All voted yes. DAVIES IR FINANCING - PUBLIC HEARING Application from Theodore A. Davies of Sales Marketing, Inc. for indus- trial revenue financing in the sum of $930,000.00 for an office/warehouse facility at 1286 Trapp Road in the Eagandale Office Park was brought before the Council. Mr. Davies was present. Smith moved, Wachter seconded the motion to schedule a public hearing for Decemebr 20, 1983 at City Hall to consider the industrial revenue financing. All voted yes. MUNICIPAL BUILDING CONTRACT - FINAL CHANGE ORDER A final change order for the Municipal Building project was submitted by Boarman Architects, Inc., totaling $15,630.50 covering all change orders with the current change order of $3,480.95. Egan moved, Wachter seconded the motion to continue the consideration of the change order to the December 20, 1983 meeting. All voted yes. GRESSER IR FINANCING - FINAL RESOLUTION The final resolution covering the application of Mike Gresser, Inc. for industrial revenue financing in the amount of $1,391,000.00 was submitted to the Council for consideration. The staff indicated that all requirements have been met. Smith moved, Egan seconded the motion to approve the final resolu- tion for the placement of the commercial bond revenue note for Michael Gresser, subject to compliance with all necessary requirements. All voted in favor. SEE BOND FILE 11 00360 Council Minutes December 6, 1983 COMMUNITY DEVELOPMENT BLOCK GRANT The City Administrator indicated that because Dakota County has now exceeded 200,000 population, it is now eligible for the entitlement Community Development Block Grant Program, which can be used by local governing bodies. A cooperative agreement was submitted from the Dakota County HRA which would allow the City, if interested, to apply for CDBG funds under the County program. Egan moved, Smith seconded the motion to approve the execution of the cooperative agreement for the Dakota County Community Development Block Grant program. All voted yea. DUCKWOOD TRAIL 2ND ADDITION - FINAL PLAT The application for final plat approval of Duckwood Trails 2nd Addition was submitted for approval. The applicant has now requested an indefinite delay due to financing issues and upon motion by Wachter, seconded Egan, it was resolved that the request for indefinite delay of the approval of the final plat application be approved. All voted yes. RIDGECLIFFE 7TH ADDITION - FINAL PLAT The application of U. S. Homes Corporation for final plat approval of Ridgecliffe 7th Addition which is a replat of the Ridgecliffe 4th Addition was brought before the Council. Representatives of U. S. Homes were present. Because of problems Mayor Blomquist was experiencing with her voice, Vice- Mayor Smith chaired the balance of the meeting. Egan moved, Wachter seconded the motion to approve the application with the understanding that no develop- ment agreement is required but compliance with all City requirements. All voted in favor. R 83-74 ST. FRANCIS WOODS 3RD ADDITION - FINAL PLAT The application for final plat approval of St. Francis Woods 3rd Addition was next considered by the Council. Staff recommended approval and Smith moved, Wachter seconded the motion to approve the application, subject to compliance with all necessary city requirements. All voted in favor. R 83-75 RIDGECLIFFE 6TH ADDITION - MODEL HOME PERMIT An application of U. S. Homes Corporation for approval of a model home permit for Ridgecliffe 6th Addition was submitted for the construction of five model homes within the Addition. No objections were voiced by staff members and Egan moved, Blomquist seconded the motion to approve the application subject to no occupancy until the final plat is recorded and utilities accepted for city maintenance and further, subject to the submission of a $3,500.00 bond, conditioned on the removal of the temporary parking lot after the model homes are no longer used for that purpose. All voted in favor. 12 00361 Council Minutes December 6, 1983 I-494 MnDOT PLANS The plans and specifications for I-494/T.H.149/T.H.55 were submitted to the City for approval. They consist of the plans from 1,900 feet west to 2,700 feet east of T.H. 149, T.H. 55 from T.H. 149 (north) to Lone Oak Road, and T.H. 149 from T.H. 55 to 1,250 feet south of I-494. Mr. Colbert expressed concerns about eliminating some storm sewer improvements and Wachter moved, Blomquist seconded the motion to approve the detailed plans and specifications as outlined and authorize execution of the plan, subject however, to final staff approval of the plans. All voted in favor. R 83-76 CINNAMON RIDGE 3RD ADDITION - FINAL ACCEPTANCE The request for final acceptance for maintenance of Cinnamon Ridge 3rd Addition private utilities was brought before the Council. Staff recommended approval. Blomquist moved, Egan seconded the motion to accept the utilities for perpetual maintenance by the City. All voted in favor. WATERSHED MANAGEMENT ORGANIZATION - RESOLUTION OF INTENT Thomas Colbert reviewed briefly with the Council the 1982 Legislation under Chapter 509 requiring each community within the 7 county metropolitan area to have surface water runoff managed either through the authority of the respective county or through a joint powers agreement. He noted that the City of Eagan incorporates approximately 85% to 90% of the land within the Gun Club Lake watershed, and recommended a joint powers agreement be entered into to form a watershed management organization for that district. A Resolution of Intent to proceed with the WMO process rather than having the process assumed by Dakota County was submitted and it was recommended that it be approved. Wachter moved, Egan seconded the motion to approve the Resolution. All voted yea. R 83-77 WATERSHED DISTRICT - EXTENSION OF TIME - RESOLUTION A Resolution was also submitted requesting extension of time for formula- ting the Gun Club Lake District Water Managment Organization to July 1, 1984. Egan moved, Wachter seconded the motion to approve the Resolution and autho- rize its execution. All voted yes. R 83-78 RIDGECLIFFE 6TH ADDITION - UTILITY ACCEPTANCE Wachter moved, Blomquist seconded the motion to continue consideration of the acceptance of the utilities until the final plat application is submitted. All voted in favor. 13 00362 Council Minutes December 6, 1983 DUCKWOOD TRAILS 2ND ADDITION - DRIVEWAY EASEMENT It was proposed to convey a driveway easement over City park land adja- cent to Duckwood Trails 2nd Addition, noting that the Duckwood Trails 2nd Addition final plat has not been approved. Egan moved, Smith seconded the motion to continue the request on an idefinite basis. All voted in favor. PROJECT #361 - WESCOTT ROAD AREA - SANITARY SEWER TRUNK The Council had on November 1, 1983 discussed the need to acquire ease- ments for the Wescott Road sanitary sewer and Mr. Colbert reported that meetings had been held with representatives of the Patrick McCarthy property in order to acquire the necessary easement across the property. The condemna- tion action has been commenced for the acquisition of the easement and discus- sion has also been held with Jim Curry concerning diverting the sanitary sewer line around the McCarthy property and through the Curry property to the east. A second lift station would be required and cost estimates were reviewed by Mr. Colbert. both for the construction of the additional lift station and sewer line and also maintenance of the lift station. The recommendation of Mr. Colbert was, after having failed to negotiate for the McCarthy easement because of the insistence of the McCarthy representatives that the park land be designated other than park land preferred by the Eagan Park and Recreation Commission, that the City continue to proceed with the condemnation and enter into an agreement with Mr. Curry guaranteeing all costs of the acquisition across the McCarthy property up to $60,000.00, and further authorize the payment to the Dakota County District Court of the approved appraised value of the easement. Egan moved, Wachter seconded the motion to implement the recom- mendation as submitted by staff. All voted in favor. RACE FACILITY SCOPING DECISION - SITE DEVELOPMENT PROPOSAL Bennett, Ringsrose, Wolsfeld, Jarvis, Gardner, Inc. has now completed the environmental assessment worksheet for the proposed Minnesota Jockey Club horseracing site facility, and the Metropolitan Council has now recommended that an EIS be prepared for each of the proposed horseracing facility sites. It was recommended that the Council authorize the scoping decision for the Minnesota Jockey Club site development proposal allowing the EIS to be pre- pared and reviewed by the Minnesota Environmental Quality Board. Blomquist moved, Egan seconded the motion to accept and implement the recommendation. All voted yea. 14 003+ 3 Council Minutes December 6, 1983 KNOB HILL OF EAGAN The proposed financial guarantee form for the Knob Hill of Eagan plat was submitted in the form of a collateral agreement between St. Anthony Park State Bank, KHE Properties and the City of Eagan. Staff recommended approval and Wachter moved, Egan seconded the motion, all voted in favor, to approve the financial guarantee. LONE OAK HEIGHTS ADDITION - MOBILE HOME Residents in the Timberline area have continued to object to the location of the mobile home on the former Orrin Aune/Lone Oak Heights Addition on Lone Oak Road. The Council has requested that the mobile home be removed and the developers have not done so. Egan moved, Wachter seconded the motion to order the developers to remove the mobile home by December 20, 1983 and in the event that it does not do so the preliminary plat approval will then be removed, unless the developer can show extenuating circumstances. All voted in favor. SPECIAL COUNCIL MEETING A special council meeting was scheduled for December 22, 1983 at 7:00 p.m. at City Hall to cover miscellaneous items. CHECKLIST Blomquist moved, Egan seconded the motion to approve the following check- list dated: December 6, 1983. All voted in favor. ADJOURNMENT Upon motion duly made and seconded the meeting adjourned at 11:45 p.m. PHH City '\?6 rk 15