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08/07/1984 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 7, 1984 A meeting of the Eagan City Council was held on Tuesday, August 7, 1984 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Thomas and Egan. Also present were City Ad- ministrator Hedges, Public Works Director Colbert, City Planner Runkle, City Consulting Engineer Rosene and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the Agenda as distri- buted. All voted yes. MINUTES Councilman Smith moved, Councilman Thomas seconded the motion to approve the minutes of the regular meeting of July 17, 1984 with the exception on page 4, that the Job Evaluation Program Contract has been entered into with the Arthur Young Company. All voted in favor. COUNTY CONIISSIONER CANDIDATE Deborah Tompkins was present and introduced herself as a candidate for the Dakota County Commissioner's position representing the Eagan area. FIRE DEPARTMENT Fireman Pete Renneberg was present and introduced David Popehn, a Boy Scout working on fulfilling his requirements for the Eagle Scout Award, who has chosen Fire Safety Education, more specifically, Fire Detector Education and Awareness, for his community awareness program. A proclamation desig- nating August 11, 1984 as Smoke Detector Day in the City of Eagan was pre- sented by David Popehn who was present. Mayor Blomquist read the proclamation and thanked David for his contribution to the project. POLICE DEPARTMENT - SQUAD CAR SALE The Police Department has received three bids for the purchase of squad car #9 with the high bid from Woodside Motors of Woodside, New York, in the sum of $2,300.00. It was recommended that the Council approve the sale to Woodside Motors. Wachter moved, Egan seconded the motion to approve the recommendation. All voted in favor. 1 Council Minutes T,' f August 7, 198.4.. T_ PUBLIC WORKS DEPARTMENT 1. Brittany 7th Addition - Project 4409 - Feasibility Report. Tom Colbert reviewed with the Council the feasibility report for Project #409 consisting of sanitary sewer improvements in Brittany 7th Addition and indi- cated that an analysis has been done by the design consulting engineer dated July 30, 1984 regarding a permanent lift station for the development. The alternates were discussed, including the costs that were estimated in the July 30 report prepared by Mark Hanson and there were concerns about long-term maintenance costs on a permanent basis. The gravity system would also require a temporary lift station. The need for permanent storm sewer ponding on the John Brown property was also reviewed. Smith moved, Wachter seconded the motion to continue to review the sanitary sewer proposal under the feasibility report for Project #409 as originally presented. All voted in favor. 2. Thomas Lake Heights 2nd Additi.on. Mr. Colbert presented to the Council the proposed replat of the quadraminium type townhouse development for the Thomas Lake Heights 2nd Addition which has a slightly different concept for the driveways. He noted that meetings of the staff have been held with the developer and some suggestions or changes have been implemented. It was suggested that the City allow the general configuration of the layout as an experiment on a one-type basis to determine whether the access will be ade- quate. Wachter moved to modify the proposal because of the expected confusion for access purposes to the development. There was no second and the motion died. Blomquist then moved, Smith seconded the motion to approve the plan as proposed on a one-time basis with the understanding that a homeowner's asso- ciation shall maintain and establish the door numbers at the entrance to each private drive. All voted in favor. CONSENT AGENDA The following consent agenda items were presented to the Council and = recommended for approval by the staff: - n - 1. Assessment Hearings. Mr. Colbert stated that several construction projects initiated in 1983 have been completed and it is recommended that the hearings be scheduled on the assessment rolls for September 4, 1984 at 7:00 p.m., including the following PROJECT # LOCATION TYPE OF IMPROVEMENT 367 Rahn Road - Sidewalk 368 Robin Lane Streets & Utilities 370 Dakota County Plat #1 Streets & Utilities 388 Suncliff 1st Addition Streets & Utilities 2 Council Minutes August 7, 1984 2. Cedar Cliff Commercial Park - Project #415. The feasibility report for Project #415 was submitted to the Council as prepared by the Consulting Engineer and recommended that the Council receive the report and order the public hearing to be held on September 4, 1984 at 7:00 p.m. at the Municipal Center. 3. Slater's Acres - Project #419. It was recommended that the City Council authorize the preparation of the feasibility report based upon the Petition received for Project #419 consisting of streets and utilities in Slater's Acres. 4. Contractor's Licenses. There were no licenses presented to the Council for approval. 5. Primary Election Judges. The Director of Finance/City Clerk, Gene VanOverbeke, requested approval of the City Council for the slate of election judges for the primary election on September 11, 1984, according to the list submitted to the Council. 6. Westbury Addition - Change Order No. 1 - Contract #84-8. Change Order No. 1 for Contract #84-8 regarding utilities in the Westbury Addition was submitted and it was recommended that the Council approve the change order for an additional amount of $20,075.00 for the placement of granular backfill material. 7. Almquist Lake - Change Order - Contract #84-3. It was noted that the storm water discharged from the Almquist Lift Station is too great to be handled from the Beacon Hill development, in addition to the Almquist Lake Lift Station, and the- staff recommended that a timer delay system on the lift station be installed as a Change Order to Contract #84-3 in the amount of $1,124.20. 8. Odell Addition - Final Plat Approval. It was recommended that the application for final plat approval for the Odell Addition be approved, sub- ject however, to compliance with all necessary city requirements. R 84-37 9. Contract Retainage Escrow Agreements. The City received proposed Escrow Agreements from Lametti & Sons, Inc. for Contracts #83-8 and #84-9. The Agreements provide generally that the contractor may deposit bonds or securities with Norwest Bank St. Paul N.A. in lieu of the retainage of the public improvement contractors. The staff recommended approval of the Escrow Agreements. R 84-38 10. Park Bond Projects. In order to meet deadlines for fall construc- tion projects associated with the parks bond referendum development program, the Director of Parks and Recreation has recommended to the Council, authori- zation to seek bids to do grading, seeding and lighting projects for park sites, including Rahn, Capricorn, Wedgewood and Coachman Parks. It was recom- mended that the Council authorize the advertisement of bids for the park development and related projects. 3 Council Minutes August 7, 1984 11. Miscellaneous Projects _ Final Acceptance. The staff presented to the City Council projects that have been installed privately and inspected by City authorized personnel in developments within the City and staff recom- mended that the Council formally accept the projects for perpetual main- tenance, including the following: PROJECT LOCATION TYPE OF IMPROVEMENTS 82-A Countryside Villa Utilities 83-A Walden Heights Streets & Utilities 83-B Oak Chase 5th Addition Utility Service 83-D Tiberon Addition Utility Service 83-H Brittany 5th Addition Streets & Utilities 83-I Norwest 1st Addition Streets 83-J Parkcliff 2nd Addition - Streets & Utilities 83-M Ridgecliff 6th Addition Streets 84-A Kensington Place Utilities 12. County Road #30 - Vacation. A petition was received from the developers of the Suncliff Addition requesting vacation of the old alignment of County Road #30, west of Blackhawk Road presently being relocated through the upgrading of Diffley Road under Dakota County Contract 30-01. The aban- doned portion of County State Aid Highway 30 has been formally transferred to the City of Eagan's jurisdiction by Dakota County Board action of June 26, 1984. It was recommended the Petition for Vacation be received and a public hearing be scheduled for vacating the old alignment, on September 4, 1984 at -7:00 at the City Municipal Center. 13. Peaceful Heights Project #420 - Streets & Utilities. A petition has.been received from the Peaceful Heights Addition developers for a feasi- bility report for streets and utilities and it was recommended that the Peti- tion be received and the consulting engineer be authorized to prepare a feasi- bility report for Project #420. Wachter moved, Egan seconded the motion to approve the foregoing consent agenda items and authorize their implementation by the City staff. All voted yes. ASSESSMENT HEARINGS Mayor Blomquist introduced Tom Colbert, the Public Works Director and he indicated that the Council has scheduled 15 hearings on assessment rolls for improvements installed by the City- contractors with each project including a summary sheet with interest calculated, based upon interest paid for the bonds sold to finance the project, About 813 parcels are involved with total assessments of $2,525,000.00. He reviewed the procedures dealing with assess- ments including the right of owners to pay the assessments within 30 days after adoption of the roll by the City Council without interest and noted also that-written objections had been received from owners of some of the parcels. 4 Council Minutes August 7, 1984 WELL SITE #5 - PROJECT #315R Mayor Blomquist first convened the final assessment hearing covering Project #315R consisting of trunk storm sewer assessments for the Well Site #5 area. All notices were published in the legal newspaper and sent to the affected property owners. Mr. Colbert reviewed the project, noting that there were 7 parcels with assessments spread over 15 years at a 10.5% interest rate. Mr. Colbert indicated that certain written objections were received from the following property owners: Don Larsen - Parcel 10-03400-010-25 There were no appearances by any property owners. Wachter moved, Egan seconded the motion to close the hearing, to approve the final assessment roll for Project #315R and authorize the certification of the assessments to the County Auditor with the exception, however, of those parcels where objections have been filed which hearing on those parcels will be scheduled for October 16, 1984 at 7:00 p.m. at the Municipal Center. All voted in favor. OVERHILL FARM ADDITION - UTILITIES - PROJECT #332A The next public hearing convened by the Mayor consisted of utility im- provements to the Overhill Farm Addition under Project #332A. Mr. Colbert again explained the project and stated there was some cost over-runs but the overall cost is less than the estimate in the feasibility report. There were no objections. Egan moved, Wachter seconded the motion to close the hearing, to approve the final assessment roll and authorize the certification to the County Auditor for collection. All voted in favor. PROJECT #342 - CEDAR GROVE 1ST & 2ND ADDITIONS - STREET IMPROVEMENTS Mayor Blomquist then convened the public hearing concerning Project #342 consisting of street improvements in the Cedar Grove 1st and 2nd Additions. Mr. Colbert detailed the project and indicated that some written objections had been received. A number of owners appeared, some of whom objected to certain aspects of the construction of the project and also had questions regarding the assessment procedure. It was noted that the Council had deter- mined that the cost would be spread on an equal per-lot basis for the total amount being assessed. One owner objected to the assessments being spread equally, based upon his cul-de-sac lot with less frontage than other lots. The Council- held several hearings about the improvements and determined that this would be the most equitable way to assess. 5 Council Minutes ° August 7, 1984 Jim McCamun, an owner on Marble Lane in Cedar Grove, congratulated the City on performing a good job but indicated that there were certain defects in construction and had questions about the decision as to which streets ought to have been totally replaced or only partially replaced. Mr. Colbert stated that cracks can appear soon after construction. It was noted also the City is paying one-half of the surfacing costs in lieu of future maintenance costs. There is a two-year maintenance warranty on the new streets including posting a performance bond by the contractor. Bob Shockley, an owner, objected to the storm sewer pipe in the street in front of his property on Garnet Lane, not being expanded, noting that he has had water problems. Tom Colbert explained that no expansion of storm sewer took place but only repair of defective storm sewer facilities. There was another objection that the driving area is now narrower noting that the City street requirement for residential streets is 32 feet, whereas the previous street was a 34 foot travelled street. Ardelle Berthe was concerned only about the design and did not submit an objection. Wachter moved, Egan seconded the motion to close the hearing, to approve the final assessment roll for Project #342 and authorize the certification to the County for collection of unpaid assessments, spread over 15 years at 10.5% interest. All voted yes. COUNTY ROAD #30 - FRONTAGE ROAD - PROJECT #306 The next public hearing convened by the Mayor consisted of Project #306 concerning the frontage road along County Road #30. Mr. Colbert noted that equal assessments against each lot had been determined to be assessed by the Council and he recommended an additional 30 days be granted to the property owners for payment, without interest, because the construction had not been completed. Mayor Blomquist was concerned about the affected owners not being able to know what the final construction will consist of and one property owner objected to the concrete proposed within the median, rather than grass installation. After discussion, Smith moved, Egan seconded the motion to close the hearing, to approve the final assessment roll for Project #306 and to authorize an extension of time for an additional 30 days beyond the initial 30 days for payment without interest, by property owners. All voted in favor. • 6 Council Minutes August 7, 1984 I-35E/BLACKBAWK ROAD - TRUNK STORM SEWER - PROJECT #354 A public hearing concerning Project #354 was convened by Mayor Bea Blom- quist. Mr. Colbert explained the project and there were no objections to the assessments. Egan moved, Wachter seconded the motion to close the hearing, to approve the roll as presented and to authorize the certification to the County for collection of the unpaid assessments. All voted in favor. SOUTH BLACKHAWK ROAD - STREET IMPROVEMENTS - PROJECT #355 Mayor Blomquist convened the hearing regarding the assessments for Project #355 consisting of streets on South Blackhawk Road. Mr. Colbert explained the project and Tom Klein, an affected owner, appeared and ques- tioned whether there would be a sidewalk planned on the east side of the street. Mr. Colbert indicated there were no plans at the present time for sidewalk in that location. There were no formal objections. Thomas moved, Smith seconded the motion to close the hearing, to approve the roll as pre- sented and to authorize the City Clerk to certify the assessments to the County Auditor. All voted in favor except Wachter who abstained. CINNAMON RIDGE 3RD ADDITION - STREETS & UTILITIES - PROJECT #357 The hearing concerning street and utility improvements under Project #357 in Cinnamon Ridge 3rd Addition was convened by the Mayor. She asked Mr. Colbert to explain the project and it was noted that the developer had peti- tioned for the improvements. He stated that generally where developers peti- tion for the improvements, that at the time of closing of the lots, funds are escrowed with the lending institution. John Winship of 4462 Slater's Road appeared and had questions about the project which were answered by the staff. There were complaints about water backup and refusal of the developer to clear out the water from some of the residences. There being no formal objections, Wachter moved, Smith seconded the motion to close the hearing, to approve the final assessment roll as presented by the staff and to authorize certification to the County Auditor's office. Objections were as follows: John & Necia Winship - Parcel 10-17402-032-03 All voted yes. SHEFFIELD ADDITION - STREETS & UTILITIES - PROJECT #369 Mayor Blomquist convened the hearing regarding assessments under Project #369 and Tom Colbert explained the project to the Council. There were no objections. Smith moved, Egan seconded the motion to close the hearing, to approve the assessment roll as presented and authorize certification to the Dakota County Auditor's office for collection. All voted yea. 7 Council Minutes August 7, 1984 WATER TREATMENT PLANT - UTILITIES - PROJECT #371 & 371SR After Mayor Blomquist convened the hearing concerning Project #371, Mr. Colbert detailed the project to the Council. He noted that certain written objections have been received from property owners. There were no appearances. Egan moved, Thomas seconded the motion to close the hearing, to approve the assessment roll and to authorize certification to the County Auditor with the exception, however, of those parcels where formal written objections were timely received, to continue the hearing as to those parcels until October 16, 1984 at 7:00 p.m. at the Eagan Municipal Center. Objections were as follows: YD Associates, a Partnership - Section 9, Parcel No.10 00900 011 52 - Section 9, Parcel No.10 00900 020 52 - Fox Ridge Addition Parcel No. 10 27500 010 01 Albert Perron - Parcel No. 10-00900-010-79 All voted in favor. PARK RIDGE ADDITION - TRUNK WATERMAIN - PROJECT #378 The hearing regarding Project #378 was convened by Mayor Bea Blomquist. She asked Mr. Colbert to explain the assessments being proposed and there were no objections to the roll. Wachter moved, Egan seconded the motion to close the hearing, to approve the roll and authorize certification to the County of Dakota. All voted in favor. BORCHERT-INGERSOL - TRUNK STORK SEWER - PROJECT #381 Mayor Bea Blomquist convened the public hearing concerning Project #381 consisting of trunk storm sewer improvements for the Borchert-Ingersol area. All notices were published in the legal newspaper and were sent to affected property owners. Mr. Colbert detailed the project and noted the assessment rates with 75 parcels being affected with the assessments over 15 years at 10.5% interest being proposed. Martha Metz, an owner on Lone Oak Road, appeared and- indicated that her property is being assessed at the commercial rate but is zoned light industrial and used for single family residence pur- poses. The policy of the City would be to allow reduction as long as the property is being used for the single family purposes. Reid Hansen, attorney with the McMemony, Sheldon law office in Rosemount, appeared on behalf of Gopher Smelting Company and submitted formal written objections. He stated that the Gopher Smelting Company property is largely undeveloped and it was the opinion of the owner that there is not adequate benefit for the assess- 8 Council Minutes August 7, 1984 ments being proposed. Egan moved, Wachter seconded the motion to close the hearing, to approve the assessment roll and authorize certification to the County Auditor, with the exception, however, of the following parcels where formal written objections have been submitted, which will be continued for hearing to be heard on October 16, 1984 at 7:00 p.m. at the Municipal Center: Kenneth E. McDonough - Parcel I.D. # 10-00200-050-7 Kevin B. McDonough - Parcel I.D. # 10-47752-040-02 Arne & Shirley Buecksler - Parcel I.D. #10-00200-060-78 Gopher Smelting Company - Parcel I.D. #10-01100-010-76 - Parcel I.D. #10-01200-010-51 - Parcel I.D. #10-01200-010-55 - Parcel I.D. #10-01200-010-56 Michael Sill - Parcel No. 10-01200-010-29 - Parcel No. 10-01200-010-27 - Parcel No. 10-01100-010-03 Borchert/Ingersol, Inc. - Parcel No. 10-01100-011-75 - Parcel No. 10-01200-011-50 All voted yes. HURLEY LASE - TRUNK STORM SEWER - PROJECT #382 The hearing regarding Project #382 consisting of trunk storm sewer in the Hurley Lake area was convened by the Mayor with an explanation of the assess- ment roll by Mr. Colbert. Written objections were received. Smith moved, Thomas seconded the motion to close the hearing, to approve the assessment roll and authorize certification to the County Auditor with the exception of the following parcels where written objections were received which will be continued and heard before the City Council on October 16, 1984 at 7:00 p.m. at the Municipal Center: Patrick McCarthy - Parcel No. 10-01500-011-76 - Parcel No. 10-01500-012-76 All members voted yes. SCHWANZ LAKE - TRUNK STORM SEWER - PROJECT #383 The hearing regarding Project #383 was next brought before the Council. Some written objections had been received. Bob Novak of Lakeside Estates Addition appeared and had questions including whether there will be future assessments in Lakeside Estates Addition, noting that other assessments had been levied several years ago. Mr. Colbert indicated that there should be no 9 } 6 , a Council Minutes August 7, 1984 further assessments in that area. Heidi Sheila appeared and presented a written objection. She owns 9.95 acres and questioned the method of assess- ment. She noted that in 1981 her property had been assessed where the front- age assessments along the CPA Power Line Easement had been reduced but it was noted by Mr. Colbert that the current assessments are for area assessments and that the power line easement area could be included for density and also creates run-off. Egan moved, Thomas seconded the motion to close the hearing, to approve the assessment roll as presented and to authorize certification to the County Auditor for collection, subject however, to the following parcels where written objections had been received, to be continued to October 16, 1984 at the Municipal Center at 7:00 p.m.: Heidi Sheila - 10-02500-010-52 All councilmembers voted affirmatively. WALDEN HEIGHTS - TRUNK STORM SEWER - PROJECT #384 The Mayor convened the public hearing concerning Project #384 assessments and the Public Works Director explained the proposed assessments. Mr. Kessel, attorney for John Brown, appeared and had concerns about the August 16, 1983 council meeting agreement regarding reduction of assessments on the John Brown property. He noted that 12 acres would be assessed and 6 acres would be deferred and filed a formal written objection. Neil Coates, an owner on Pilot Knob Road, also appeared and had concerns about benefits against his property due to the assessment. Mr. Colbert explained the nature of the storm sewer installation. Wachter moved, Egan seconded the motion to close the public hearing for the assessments, to approve the roll and authorize certification to the County, with the exception however, that those parcels where written objections were received, will be continued for hearing before the Council on October 16, 1984 at 7:00 p.m. at the Municipal Center. Objections filed were as follows: Arthur J. Koestner - Parcel No. 10-78200-030-01 All members voted yea. ROBERT B. LEWIS HOUSE - SANITARY SEWER - PROJECT #385 Mayor Bea Blomquist last convened the public hearing concerning Project #385 consisting of sanitary sewer assessments for the Robert B. Lewis House on Nicols Road. There were no objections to the assessments and Mr. Colbert explained the proposed assessments to the Council. Thomas moved, Wachter seconded the motion to close the hearing, to approve the final assessment roll and authorize certification to the Dakota County Auditor's office for collec- tion. All voted yes. 10 Council Minutes August 7, 1984 ROAD MACHINERY & SUPPLY COMPANY - I.R. FINANCING An application had been received from Road Machinery & Supply Company for industrial revenue financing in the sum of $2,500,00.00. Because legal notice publication requirements were not complete for the August 7 meeting, the legal notice had been published to set the hearing for August 21, 1984. Upon motion by Egan, seconded Wachter, it was resolved that the public hearing be rescheduled and continued until August 21, 1984 at 7:00 p.m. at the Eagan Municipal Center. All voted yes. TIRES PLUS STANDARD SERVICE STATION - CONDITIONAL USE PERMIT At the July 2, 1984 City Council meeting a variance request from Tires Plus Standard and Tom Gejax to delete one of the bathrooms within the existing building was denied. Also, a question concerning two additional signs was discussed and consideration regarding renewal of the service station permit was held over until the July 17, 1984 meeting. That item again was continued until August 7, 1984 in view the building inspector's action concerning the sign permit and also the bathroom facility issue. A copy of the letter from the City Building Inspector dated July 24, 1984 was distributed to the Council and a letter from Larry Severson, the attorney for Mr. Gejax also was presented. Mr. Severson requested a continuance to August 21, 1984. The Eagan Administrative Assistant called Mr. Severson and said it was on the agenda and there was no appearance. There was a question as to whether the sign was in compliance with the Ordinance and after discussion, Smith moved, Egan seconded the motion to continue the conditional use portion until the September 4, 1984 regular meeting. All voted yes. Wachter then moved, Egan seconded the motion that the owner be notified that the signs must be brought in to compliance with the City ordinances. All voted yes. SOUT FORK ON-SALE LIQUOR LICENSE REVOCATION HEARING City Administrator Hedges reviewed with the Council the background of the hearing scheduled for the proposed revocation of the Southfork liquor license held by Stanley Lynn. Notice had been sent to Mr. Lynn on July 9, 1984 consisting of letters to several addresses and the revocation proceeding is provided under City Code 5.02, Subd. 4.f. A detailed letter from Captain Geagan of the Eagan Police Department dated August 7, 1984 and a letter from the City Attorney dated August 6, 1984 were presented and reviewed by the Council. Police Chief Berthe and Captain Geagan were present and answered questions of the Council. There was no appearance on behalf of the licensee. The citations issued by the Eagan Police Department beginning in January of 1982 were discussed. The fact that the insurance coverage appears to have 11 Council Minutes i3 August 7, 1984 been cancelled on the property, the question as to whether there is a surety bond in existence at the present time for the license, the fact that real estate taxes had been delinquent at one time, the fact that the Minnesota Tax Department has indicated Mr. Lynn has not filed or paid Minnesota personal income tax returns in recent years, the fact that the restaurant is now closed and on the basis of investigation done by the Police Department and the City staff, Smith moved, Wachter seconded the motion to revoke the application for sixty (60) days provided under the Eagan Ordinance. All voted in favor. NORTHWESTERN BELL UTILITY BUILDING REQUEST A request from Northwestern Bell Telephone Company for utility building in Ches Mar Park, adjacent to Lexington Avenue, has been withdrawn by North- western Bell and it was requested that the item be stricken from the agenda. SILVER BELL/COACHMAN/FOUR OAKS ROADS - STREET IMPROVEMENTS CONTRACT #84-10 It was again recommended that the Council continue consideration of the award of Contract #84-10 consisting of street improvement for Silver Bell/Coachman Road/Four Oaks Roads, due to the fact that MnDOT has not been able to schedule the bid opening and it has now been rescheduled to August 10, 1984. Smith moved, Egan seconded the motion, all voted in favor, to accept the recommendation and continue the issue until the August 21, 1984 meeting. BOATING & WATER ACTIVITY ORDINANCE The Boating & Water Activity Ordinance that had been distributed to the City Council was recommended for continuance again until the August 21, 1984 meeting. Egan moved, Wachter seconded the motion to continue the matter until the next regular meeting. All voted yea. BLACKHAWK OAKS & BLACKHAWK LAKE ADDITIONS - PRELIMINARY PLATS The application of Norse Development for preliminary plat approval of Blackhawk Oaks and Blackhawk Lake Additions, for rezoning approximately 31.2 acres from PD to R-1 and for variance to exceed street grade from private drive, were presented to the Council. Mr. Hedges introduced the subject and asked Ken Vraa, the Parks Director, to discuss with the Council the options that the Park Committee reviewed for access to Blackhawk Park. A letter dated July 26, 1984 from Peter Stalland was also reviewed as well as the Memorandum from the Park Director dated August 6, 1984. 12 Council Minutes August 7, 1984 Peter Stalland and representatives from Probe Engineering were present on behalf of the applicant. It was noted that an easement from Mr. Berry has been received so that the road to Blackhawk Lake Addition is shifted away from the park land. A bicycle trail will be provided through Blackhawk Oaks into the park and 0.4 acres of land will be dedicated within the Blackhawk Lake Addition along the east end. The proposed access from the south was also discussed and it was noted the purpose of the 0.4 acre parcel would be to afford additional shoreline and retention of trees. The B-2 option is the recommended plan for park access by the Park Committee. The septic tank report of July 26, 1984 from Richard Hefti was introduced and he recommended that the third alternate, other than sanitary sewage or septic tanks would be the installation of a small grinder pumping station at each house to be tied into a common force main which would outlet into the Blackhawk Oaks sanitary sewer. He also recommended right of access be granted to the City to inspect the septic tank and drain fields at least once every two years to insure the systems are being properly maintained. It was noted the 10% grade is the maximum required and that would now be feasible under the current plan. Several neighbors were present with no objections. There were concerns by the Council that the owners of the Black- hawk Lake Addition lots would petition the City at a later time for municipal sanitary sewage, but the staff indicated it would not be feasible to do so. Egan moved, Wachter seconded the motion to rezone the property from Planned Development to R-1 according to the application. All voted in favor. Egan then moved, Thomas seconded the motion to approve the preliminary plat of Blackhawk Oaks Addition according to the following recommendations: 1. A development agreement shall be executed prior to final plat approval. 2. All applicable City ordinances shall be adhered to. 3. The developer shall submit a detailed erosion and sediment and grading plan in accordance with City policy for review and approval. 4. Utility and drainage easements shall be dedicated as referenced in the Engineering report. 5. Concrete curb and gutter shall be constructed along the East side of Blackhawk Road abutting this development. 6. The developer shall construct storm sewer with catch basins at the intersection of Blackhawk Road and proposed Riverton Avenue to pick up the surface drainage from this proposed plat. 13 Council Minutes August 7, 1984 7. The developer shall organize an architectural review committee to review plans for all homes. All voted in favor. Then Egan moved, Wachter seconded the motion to approve the preliminary plat application for Blackhawk Lake Addition, subject to the following conditions: 1. The Council recommends that a small grinder pumping station sanitary sewage system be installed at each house to be tied into a common force main which is outlet into Blackhawk Oaks. 2. Right of access be granted to the City to inspect the septic tank and drain field for each of the lots in the Addition, at least once every two years, to insure the systems are being properly maintained. 3. The plat shall be subject to the conditions of the Park Committee as follows: a. The City shall approve Option B with a trailway only in the north part of the park. b. The trailway will be the developer's responsibility and will extend from Blackhawk Road along the private road to the west property line of the park. The trailway shall be 15 feet wide with a 5 foot green space along the road, an 8 foot wide trail bed and a 2 foot green space along residential property lines. c. The City shall accept the 0.4 acre parcel as dedication from the Blackhawk Lake Addition. d. Park access shall be from Palisade with a parking lot (for approximately 20 cars) located in the tree nursery area. e. The balance due in park dedication shall be in cash. 4. A development agreement shall be executed prior to final plat approval. 5. The private drive slope variance shall be subject to review and approval of the City Engineering Department. 6. A minimum setback of 75 feet shall be maintained from the high water level of Blackhawk Lake for any building. 7. All applicable City ordinances shall be adhered to. 8. An adequate turnaround at the end of the private drive in Blackhawk Oaks Addition shall be installed with City approval. 14 Council Minutes August 7, 1984 9. The developer shall submit a detailed erosion and sediment and grading plan in accordance with City policy for review and approval. 10. Utility and drainage easements shall be dedicated as referenced in the Engineering report. 11. If public improvements are installed privately, then the plans and specs shall be prepared by a registered engineer and approved by the City Engineering Department. 12. A homeowners association shall be organized and the restrictions and articles shall be submitted to the City for approval and such association shall adequately control maintenance and use of all outlots including those utilized for the access. SEE PLAT FILE 14-a r a Council Minutes August 7, 1984 13. The developer shall submit a detailed grading and erosion and sedi- ment control plan to the City in accordance with City policy for review and approval. 14. The sanitary sewer septic system shall be constructed in accordance with the Minnesota Pollution Control Agency Regulation WPC-40. 15. The developer shall organize an architectural review committee to review plans for all homes. 16. A 20 foot drive shall be installed with dedication of Outlot D to the City with grant of a portion of the park land to the developer. Councilman Wachter indicated that he was opposed to the grant of-the 0.4 acre parcel, which would leave more land on the tax rolls and Councilmembers noted further their concern for future request for municipal sewage. All members voted yes. SUNSET 6Th ADDITION - PRELIMINARY PLAT The application of Swe-Dun, Inc. for preliminary plat approval of Sunset 6th Addition consisting of approximately 9.6 acres and containing 29 single family lots was presented to the Council. The Planning Commission reviewed the application on June 26, 1984 and recommended approval at its July 24, 1984 meeting. Mr. Runkle detailed the project and Laura Marks and Brad Swenson appeared for the applicant. Mr. Runkle explained that the Planning Commission recommended reduction of one lot along County Road #30 to conform with the 85 foot width minimum and 12,000 minimum square footage. Mr. Swenson requested an increase in the number of lots to 29, noting the project would be compa- tible with other recent subdivisions within Lexington South. After discus- sion, Smith moved, Egan seconded the motion to approve the application, sub- ject to the Planning Commission recommendations, with the exception of in- creasing the number of lots to 29 lots, as follows: 1. The developer shall organize a private architectural review board to review the consistency of the architecture styles. 2. The plat shall be subject to a review by the Dakota County Plat Commission since it abuts a county road. 3. No access shall be allowed off of County Road 30, with all driveways off of Yorktown Drive. 4. No variances shall be allowed except for topographic or vegetation reasons. 5. All other City ordinances shall be adhered to. 15 {rr fr' i-~itT ""R Council Minutes August 7, 1984 6. A Development Agreement shall be signed prior to the application for a final plat. 7. If installed privately, plans and specifications for public improve- ments shall be prepared by a registered engineer and submitted to the Engi- neering Department for approval. 8. Sanitary sewer shall be stubbed to parcel 050-26 (Joos's property). 9. Watermain shall be looped. 10. This development shall be responsible for an 8 foot bituminous trailway along County Road 30. 11. A 60 foot half right-of-way shall be dedicated for County Road 30. 12. Easements shall be dedicated as required by staff and referenced in the staff's report. 13. This development shall be responsible for the trunk area storm sewer assessment at the rate in effect at the time of final platting. 14. All costs associated with providing public improvements to this proposed development shall be the sole responsibility of this development. 15. That lots 5 and 6, Block 1, shall be increased to 75 feet in width so that the street can be rounded off. All voted in favor except Wachter who voted no. SEE PLAT FILE TIBERON 2ND ADDITION - WAIVER OF PLAT The application of J. E. Parranto Associates for waiver of plat of Tiberon 2nd Addition consisting of approximately 1.5 acres and containing 4 single family lots was next heard. The public hearing had been held before the Planning Commission on July 24, 1984 and the Commission recommended approval of the application. The import of the application is to reduce the five platted lots to four platted lots with lot widths of approximately 70 feet at the setback line. There were no objections and Egan moved, Thomas seconded the motion to approve the application, subject to the following conditions: 1. No setback variance shall be granted on the newly describd lots. 2. All other applicable City ordinances shall be adhered with. 3. Developer shall be required to submit new as-built plans. 16 Council Minutes August 7, 1984 4. All applicable easements shall be vacated and new easements as required by the City staff shall be dedicated. All voted in favor. R 84-39 CROSSROADS'PARTNERSHIP FINANCING - PUBLIC HEARING A request had been received from Miller & Schroeder Municipals, Inc. to set a date for public hearing for financing the Crossroads Partnership in the amount of $1,900,000.00 to be located at the southeast corner of Duckwood and Denmark Avenue. Smith moved, Thomas seconded the motion to set the public hearing for August 21, 1984 at 7:00 p.m. at the City Hall. All voted yes. INSURANCE RENEWAL - 1984-85 The City has received the insurance proposal for the period July 1, 1984 through June 30, 1985 from Valley View, Inc. Copies of the proposal were distributed to the Councilmembers, noting the total amount of the insurance premium would be $113,554.25. Wachter moved, Smith seconded the motion to approve the insurance renewal as presented. All members voted yes. WESTBURY ADDITION - TEMPORARY ADVERTISING SIGN An application was received from Edina Realty for a special permit to allow a temporary advertising sign for Westbury Addition on the west side of Pilot Knob Road and north of Wescott Road. There was no appearance by the applicant and it was noted that the sign had been placed prior to applying for the permit. Wachter moved, Blomquist seconded the motion to deny the applica- tion for the reasons mentioned above. Those in favor were Wachter and Blom- quist; those against were Smith, Thomas and Egan. Egan then moved, Smith seconded the motion to approve the application subject to the applicable ordinance and that it be valid until May 21, 1985. Those in favor were Egan, Smith and Thomas; those against were Wachter and Blomquist. Mayor Blomquist noted the reason for her negative vote was that the sign had been placed without a permit. SPECIAL ASSESSMENT MEETING - COMMITTEE RECOMMENDATIONS The Eagan Special Assessment Committee had held a meeting on July 30, 1984 to review several items pertaining to assessments. Certain items were continued to a Special Assessment Committee meeting on October 6, 1984. The issues included the following: 17 Council Minutes August 7, 1984 a. Norwest First Addition. The Council was in agreement with the recommendation. b. O'Neill Addition - East Blue Gentian Road - Project #349. The Assessment Committee recommended the Council determine the amount of the assessment reduction and several members of the O'Neill family were present. Smith moved, Egan seconded the motion to grant a 50% reduction in street assessments noting that there is clearly benefit from the street and also from the storm sewer installation. The Council also noted the unique circumstances that were outlined by the property owners and also by the Special Assessment Committee and determined to assess the benefitted parcel on that basis. All voted in favor. C. RES Investment & 494 Investment - Project #349. The Council generally agreed with the recommendations of the Committee. d. Project #372 - Robert J. O'Neill. Councilmembers were in agreement with the Assessment Committee's recommendation. Thomas moved, Wachter seconded the motion to approve and implement all of recommendations of the Special Assessment Committee pertaining to the above issues. All voted in favor. BEACON HILL - STORM DRAINAGE A number of residents from Beacon Hill Addition were present and stated that they had encountered serious flooding from the overflow of Almquist Lake adjacent to Beacon Hill Addition. They submitted a Petition requesting the Council take action to avoid further damage due to flooding and requested a temporary solution by the City. Mr. Colbert discussed the issue and stated a temporary pump had not been able to keep the pond down and discussed the possible need to acquire permanent easements over the John Brown property. The staff, together with Councilman Thomas, were instructed to attempt to acquire a temporary ponding easement from John Brown to relieve the critical water situation. - TOLLEFSON BUILDERS, INC. - BRITTANY 7TH ADDITION Carl Tollefson appeared on behalf of his request for a model home permit for Lot 1, Block 1, Brittany 7th Addition, according to ordinance require- ments. Smith moved, Thomas seconded the motion to approve the application subject to compliance with the city ordinance and subject to the Building Inspector's approval. All voted affirmatively. 18 Council Minutes August 7, 1984 MAINTENANCE VEHICLES CONTRACT The Council authorized the advertisement of bids for the purchase of a 34,000 GVW dump trunk and a-1-ton dump truck for the Public Works Street Maintenance division. Bids have been received and it was recommended the low bid be awarded. Thomas moved, Smith seconded the motion to award the contract for the 34,000 GVW single-axle cab and chassis to Lakeland Ford in the sum of $30,559.00, and the bid for the 3/4 ton 8,600 GVW 4 x 4 pickup cab to Superior Ford in the sum of $10,284.00. All members voted yes. PATRICK EAGAN PARK/BIRCH PARK POND - CONTRACT #84-16 Bids have been received for the t7runk storm sewer outlet from Patrick Eagan Park/Birch Park Pond and it was recommended that the low bid, Hennen Construction Co. in the sum of $178,515.00 be approved. Upon motion by Wachter, seconded Egan, it was resolved that the contract be awarded to Hennen Construction Company. All voted affirmatively. CONTRACT #84-17 - COACHMAN ROAD - WATER TREATMENT PLANT Project #371 provided for the installation of utilities and streets to service the new Water Treatment Plant facility. With the completion of the utilities under Contract #83-5, the staff recommended that the City Council proceed with the completion of the street surfacing of Coachman Road and the construction of the parking lot for the new facility. Plans have been com- pleted and it was recommended that they be approved. Egan moved, Wachter seconded the motion to approve the plans and specifications for Contract #84- 17 and authorize the bids to be opened on 10:30 a.m. on Friday, August 31, 1984 at the Eagan Municipal Center. All voted in favor. HISTORY EDITOR The City Administrator had contacted Lisa Fleming concerning acting as the Editorial Consultant for the history document for the City. A letter from Ms. Fleming dated August.l, 1984 in the form of a proposal as a consultant, was distributed to the Council. Thomas moved, Egan seconded the motion to approve the hiring of Lisa Fleming as the Editorial Consultant for the history document. All voted yes. 125th ANNIVERSARY OF EAGAN TOWNSHIP The Council discussed the 125th Anniversary of the organization of Eagan as a Township and discussed the possibility of a special celebration in 1985. No action was taken. 19 4 F Council Minutes August 7, 1984 BLACKHAWK OAKS & BLACKHAWK LAKE - EXCAVATION PERMIT A request for excavation and grading permit for Blackhawk Oaks and Black- hawk Lake Additions was submitted to the Council and recommended for approval by the staff. Wachter moved, Egan seconded the motion to approve the applica- tion, subject to City Ordinance compliance. All voted yes. BOULEVARD OBSTRUCTIONS The Public Works Director indicated that he sent a form letter to property owners who have been determined to be in violation of City Code ,pertaining to obstructions after having conducted a survey of various snow- plowing routes to determine extent and type of obstructions that exist within the City. A list of these locations where violations exist was given to the Council in the packet. It was recommended that a letter be sent to the owners informing them of the obstructions within public boulevard rights-of-way, noting that if a sidewalk or trail is ever installed or if there is any damage due to snow removal, that the City would disclaim 'liability for any such damage. TEMPORARY ASSESSMENT AIDE The Director of Public Works recommended to the City Council that an additional-temporary special assessment aide be authorized by the City Council, noting the magnitude of special assessments, assessment searches and other related -activities. A memorandum was distributed to the Council out- lining the need, recommending a 20 to 30 hour per week, temporary part-time special assessment aide. Thomas moved, Smith seconded the motion to approve the request authorizing the hiring of the special assessment aide. All voted yea. SPECIAL COUNCIL MEETING - AUGUST 15, 19811 A special Council meeting was scheduled by the City Council for 7:30 p.m. on Wednesday, August 15, 1984 to review the budget. The meeting will last until 10:00 p.m. 20 Council Minutes August 7, 1984 FEDERAL LAND COMPANY - Sr. PAUL LAND COMPANY VS. EAGAN - SETTLEMENT The City Attorney's office forwarded a letter to the City Council out- lining the action entitled St. Paul Companies vs. Federal Land Company and the City of Eagan, covering several assessments against property owned by Federal Land Company near the intersection of Lexington Avenue and Yankee Doodle Road. It was noted the action has been in process for a number of months and that a recommended settlement was now submitted by the Public Works Director and the City Attorney's office. The recommendation was that Federal Land Company and St. Paul Companies pay a total of $75,000.00 in assessments for sanitary sewer and water trunk. After discussion, Smith moved, Egan seconded the motion to approve the recommendation and authorize its implementation. All voted in favor. KELMER BRATTLAND - UTILITY EASEMENT - PROJECT #404 Paul Hauge and Tom Colbert indicated that they have been negotiating for the acquisition of easements from Mr. and Mrs. Kelmer Brattland on Wescott Road under Project #404 and have been unsuccessful in the acquisition of the easement. Thomas moved, Wachter seconded the motion to authorize the staff to hire an appraiser for the condemnation process covering the Brattland property. All voted in favor. CHECKLIST Wachter moved, Egan seconded the motion to approve the following check- list dated: August 7, 1984; $866,087.12 All voted in favor. ADJOURNMENT Wachter moved, Egan seconded the motion to adjourn at 12:35 a.m. All members voted yes. PHH City erk 21