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09/18/1984 - City Council Regular C", -)w MINUTES OF A REGULAR FETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 18, 1984 A meeting of the Eagan City Council was held on Tuesday, September 18, 1984 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Thomas. Also present were Public Works Director Colbert, City Planner Runkle, City Consulting Engineer Rosene and City Attorney Hauge. AGENDA Egan moved, Wachter seconded the motion to approve the agenda. All voted yes. MINUTES Regular meeting of September 4, 1984. Wachter moved, Egan seconded the motion to approve the minutes with the exception on page 6 relating to Thomas Lake Place Preliminary Plat, that the Mayor was concerned about the shoreline and the effect on Thomas Lake, together with the density of the proposed development and requested that Blackhawk Park EIS be reviewed along with the Shoreland Ordinance and other existing ordinances. All voted in favor. KIDS N' KINSHIP PROCLAMATION Representatives of Kids N' Kinship were present at the Council meeting and presented a proposed Proclamation that was then delivered by Mayor Bea Blomquist declaring September 23 through 29, 1984 as National Kinship Week in Eagan. D 84-6 FIRE DEPARTMENT a. Pick-up Truck. Fire Chief Bob Childers was present and reviewed the quotes for a 1985 Ford F-350 4x4 pick-up truck and noted that two quotes have been received, including Boyer Truck and Freeway Ford. The low quote from Freeway Ford is $12,098.00 and the Chief recommended approval. Wachter moved, Egan seconded the motion, all voted in favor, to approve the recommendation authorizing the purchase of the truck. b. V.F.D. Rookie Class. Mr. Childers stated that 13 persons are now in the Volunteer Fire Department Rookie Class. PARKS AND RECREATION DEPARTMENT Ken Vraa was present. 1 Council Minutes September 18, 1984 1. McCarthy House - Patrick Eagan Park. A proposed Lease between the Eagan Athletic Association to utilize the old McCarthy House in Patrick Eagan Park as storage space was presented to the Council. There were questions from Councilmembers concerning the insurance coverage for the structure and con- tents, fire prevention and also provisions for default. Egan moved, Smith seconded the motion to direct the Park Director and City Attorney to redraft certain provisions of the Lease to incorporate the concerns of the Council mentioned above. All voted yea. 2. - North Athletic Site. The Parks Commission has recommended that Mark Parranto be hired by the City Council to negotiate the acquisition of the new North Athletic site. The negotiation process was reviewed including the information provided in the packet and upon motion by Smith, seconded Egan, it was resolved that Mark Parranto be hired as the negotiator for the City upon the terms agreed upon. All voted in favor except Wachter who voted no. c. Rahn Park Grading Contract _ Project #84-04. Bids have been opened for the Rahn Park grading and site preparation improvement project and it was recommended that the low bid of Enebak Construction Company in the sum of $146,659.00 be approved. Wachter moved, Thomas seconded the motion to accept the low bid and award the contract to Enebak Construction Company. All voted in favor. CONSENT AGENDA The following consent agenda items were presented to the Council and the staff recommended approval and implementation of those items: 1. Personnel Items. It was recommended that Donna R. Muench be approved to fill a vacancy as part-time special assessment aide effective September 10, 1984. 2. Contractors' Licenses. A schedule of contractors applications for licenses including general contractors, owner-occupied business, water softener and heating & ventilating contractors was distributed to the Council and the staff recommended approval. 3. Cedar Cliff Commercial Park - Final Plat. The application of Federal Land Company for final plat approval of Cedar Cliff Commercial Park Addition was submitted and it was recommended that the final plat application be approved and that the Mayor and Clerk be authorized to execute related documents, subject to compliance with all City requirements. R 84-44 4. Lone Oak Pond - Project #410. The feasibility report for Project #410 consisting of storm sewer improvements for the Lone Oak Pond at the northwest corner of Lexington Avenue and Lone Oak Road was presented to the Council and it was recommended that the Council accept the report and that the public hearing be scheduled on the report for October 16, 1984 at 7:00 p.m. at the City Hall. 2 Council Minutes September 18, 1984 5. Robin Lane - Contract #83-7. Change Orders No. 1 and 2 for Contract #83-7 consisting of improvements for Robin Lane were brought before the Council. They included removal of foundation for billboard sign and the cleaning of erosion and sedimentation during the winter and spring of 1983-84. It was recommended that the two change orders in the amounts of $1,156.00 and $1,760.50 be approved. 6. Suncliff 1st Addition - Contract #83-16. Change Order No. 1 to Contract #83-16 including extension of sewer and water laterals from Blackhawk Road into the proposed future Suncliff 3rd Addition for an add of $4,756.90 and conduits to avoid disturbing final surface of Blackhawk Road consisting of an addition of $2,800.00 were recommended for approval. 7. Patrick an Park - Birch Park Addition - Project #84-16 - Trunk Storm Sewer. Change Order No. 1 to Contract #84-16 consisting of trunk storm sewer in the Patrick Egan Park-Birch Park Addition area was brought to the Council. It was-recommended that the Change Order in the amount of $5,374.00 be approved. 8. Overhill Farm Streets - Contract #83-3. A request for final payment has been received from Pine Bend Paving, Inc. for the sixth and final payment under Contract #83-3, Overhill Farm Addition streets and the amount of $2,460-70 was recommended to be approved and that the work be accepted for perpetual maintenance. 9. Walden Heights - Contract #83-14. The final payment request has been received from Crossings, Inc. covering Contract #83-14 consisting of the trunk storm sewer in Walden Heights Addition and the final amount of $7,105.90 was submitted and the staff recommended the Council approve the request. 10. Robin Lane - Streets - Contract #83-7. The request from McNamara- Vivant Contracting company for the final payment under Contract #83-7 consist- ing of $5,670.26 was recommended to be approved by, the City Council. 11. Yankee Doodle Reservoir Repainting - Contract #84-4. The final payment request from Rainbow, Incorporated in the amount of $9,982.00 for the repainting of the Yankee Doodle Reservoir was recommended for approval. 12. East Blue Gentian Road/I-494 - MnDOT Agreement. Agreement #62294 consisting of a MnDOT Cost Participation Agreement relating to East Blue Gentian Road/I-494 was recommended. for approval delineating the City's finan- ciallresponsibility for a portion of the East Blue Gentian Road upgrading. R 84-45 Upon motion by Egan, seconded Wachter, it was resolved that the foregoing Consent Agenda items be approved and ordered implemented by the City staff. 3 Council Minutes : k:' September 18, 1984 RAHN ROAD SIDEWALK - PROJECT #367 Mayor Bea Blomquist convened the final assessment hearing for Rahn Road sidewalks under Project #367 noting that the hearing had been continued from the meeting of September 4, 1984. Tom Colbert, the Public Works Director indicated that the one owner that had filed objections to the assessments had now withdrawn the objection and recommended that the Council close the hearing and approve the roll. Egan moved, Wachter seconded the motion to close the public hearing, adopt the final assessment roll for Project #367 and authorize certification to the County Auditor for collection of unpaid assessments. All voted yes. CEDAR CLIFF COIRCIAL PARK ADDITION - PROJECT #415 The Mayor then convened the public hearing concerning streets and utility improvements in Cedar Cliff Commercial Park Addition under Project #415. Mr. Colbert introduced the project and Consulting Engineer Bob Rosene detailed the project for the Council and the audience. There were no objections but some questions from the Council. After discussion, Wachter moved, Egan seconded the motion to close the hearing, to approve Project #415 and to authorize the preparation of plans and specifications with the understanding that the berming and excavation material will properly be spread and distributed during 1984. All voted yes._ BRITTANY 7TH ADDITION - PROJECT #409 The hearing regarding the street and utility improvements under Project #409 in Brittany 7th Addition was then convened by the Mayor. Mr. Colbert stated that the developer has now-decided that it-will- modify the proposed Brittany 7th Addition and provide the utilities privately as an extension of Brittany 6th Addition with the remainder to be developed as Brittany 8th Addition, coincidental with -the additional acquisition of the John Brown property and the gravity- sewer line associated with that alternative proceeds. It was noted-that the number of lots in the 7th Addition will be reduced from the original preliminary plat. Mr. Colbert recommended denial of the project. Egan moved, Smith seconded the motion to close the public hearing and deny the. improvements associated with the installation of streets and utilities to service Brittany 7th Addition. There were no objections and all members voted in favor. 4 Council Minutes `r r^ Sepember 18, 1984 BIRCH PARK ADDITION - PROJECT #417 - STREETS & UTILITIES The hearing regarding the streets and utility improvements under Project #417 for Birch Park Addition came.before the Council for consideration. The Mayor convened the hearing and Mr. Colbert and Mr Rosene explained the project to the Council. The report prepared by Bonestroo, Rosene, Anderlik & Asso- ciates was discussed and Jim Hill, Engineer, appeared on behalf of the appli- cants and indicated that the developers of the Birch Park Addition recommended approval of the project. There being no objections, Smith moved, Wachter seconded the motion to close the public hearing, to approve Project #417 and to authorize the preparation of plans and specifications. All voted in favor. GOLDEN MEADOW ROAD - PROJECT #418 HACKMORE DRIVE - PROJECT #406 The Mayor next convened the public hearings concerning street and utility improvements on Golden Meadow Road under Project #418 and the reconvened hearing concerning Hackmore Drive streets and utility improvements relating to Project #406 and #406 Alternate. Mr. Colbert introduced the projects and indicated that in July, a hearing had been held covering Hackmore Drive and some objections were then received. A Petition was received from owners along Golden Meadow Road, including four of seven owners and the Hackmore Drive hearing was continued until the September 18 meeting. Bob Rosene discussed the projects in some detail and Gary King, a developer on the two roads, requested the storm sewer be eliminated in the south area across Golden Meadow Road in order to reduce the over-all cost and assessments. There were ques- tions as to whether that section of storm sewer installation is necessary and Jerry Sauter was present who indicated that he has kept a record of the water flowage in the area and has been:concerned about erosion. He stated that there has not been significant water in the small pond on the north side of Golden Meadow Road recently. He objected to the installation of the storm sewer across Golden Meadow Road and also objected to Hackmore Drive improve- ments -and recommended that the alternate Hackmore Drive report be accepted by the Council.. Tom Rice, the owner of Sunset 3rd Addition, objected to storm sewer on the south because he stated that storm sewer from the Sunset 2nd Addition has been authorized to run south through the 3rd Addition. He also objected to another easement through his property and stated that Lot 1 of the 3rd Addi- tion is very rough terrain and very difficult to develop. Armand Laurent, the. owner -of Parcel 040-29 on Golden Meadow Road objected to being assessed, noting that the existing utilities in Golden Meadow Road were installed privately. He said he would not object to street improvements and a partial sewer and water assessment but noted that his parcel is very difficult to develop and would require significant utility installation within his lot. 5 x r j Council Minutes September 18, 1984 Tom Walker, the owner and contract seller, of one lot on Golden Meadow Road, spoke in favor. Tom Murr appeared and opposed the Golden Meadow Road project. There was considerable discussion concerning the Hackmore Drive proposal. The owners of parcel 021-47 on the north side of Hackmore Drive indicated that they had bought from the Travers and objected to the projec.t as did the owner of Parcel 020-28. There was considerable discussion concerning the service to the outlots in Sunset 4th Addition that would be required to get sanitary service independently in the future, if it is not installed at the present time for the proposed King 1st Addition. Mr. King opposed Council approval of Golden Meadow Road only and not allowing King 1st Addition improvements to be installed. The owner of Lot 9', Sunset 4th Addition was present and opposed the project and said it was not his intent to develop Outlot B or sell it. A number of other owners were present, some in favor and some against, but the owners of Lots 6 and 7 in the 4th Addition, also opposed. Councilmembers noted the difficulty in the topography in the area and the nature of the streets and configuration of lots. Councilman Egan indicated that Project #406R is not practical and there are still some objecting owners so that the project may not be timely. Egan then moved, Wachter seconded the motion to close the hearing, to deny the Golden Meadow Road project based upon reasons that were mentioned above, noting that about the same amount of ownership of square footage opposed as favored the project, and a good deal of the property is not developable. All voted in favor. Councilman Thomas indicated that he felt that the assessment issue could be worked out with the property owners. Smith moved, Thomas seconded the motion to close the hearing for Hackmore Drive consisting -of Projects #406 and #406R Alternate, and deny the project, noting that the utility and roads will be installed at some time in the near future, although it may be premature at the present time. All voted yes. ,PROJECT #316 - GALAXIE AVENUE - FINAL ASSESSMENT HEARING - .The final assessment hearing covering Project #316 relates to street and utility improvements on Galaxie Avenue. was convened by the Mayor. Mr. Colbert explained the assessments and there were no appearances. A letter from Ernest Schindeldecker objecting to the assessments was presented and it was noted that Mr. Schindeldecker may be eligible for a senior citizen deferment. After review of the. project, Smith moved; Thomas seconded the motion to close the hearing, to approve the assessment roll under Project #316 and authorize 1certification to the County for collection of unpaid assessments for all parcels except the Ernest Schindeldecker property which will be continued until October 16, 1984 at 7:00 p.m. at the Eagan Municipal Center. All voted yes. 6 Council Minutes f- September 18, 1984 BLACKHAWK ROAD - PROJECT #317 - FINAL ASSESSMENT HEARING The next public hearing convened by the Mayor relates to the street and utility improvements on Blackhawk Road concerning Project #317. Mr. Colbert reviewed the rates proposed to be assessed, the area that was to be covered including the preliminary report on the project and indicated the rate of interest will be 10.5% over 15 years noting the public hearing date had originally been held on March 1, 1983. Objections were received from four property owners including Robert Kruger, Darold Holden, James & Carol Ashworth, and Jay & Lesley Tscherne. Each of the objecting owners was present and explained the objections that they had. Mr. Ashworth indicated that the water level of AP-7 has risen significantly and may be affecting his sewer system and questioned whether an outlet would be installed into that pond. Bob Kruger stated that the construction of the street had damaged property, partially because of the slope to his residence. Lesley Tscherne indicated that the value of their property is not commensurate with the assessments proposed and recommended the assessments be spread over 30 years. Meetings between property owners and staff have been scheduled and it was recommended that the objecting owners meet with the staff to attempt to work out any differences regarding the assessments. After discussion, Smith moved, Wachter seconded the motion to close the hearing and to authorize the approval of the roll and certification of the assessments to the County Auditor with the exception of the four parcels for which the owners have objected to the assessments. All voted yes. PROJECT #361 - WESCOTT ROAD - FINAL ASSESSMENT HEARING The hearing was convened by the Mayor covering Project #361 relating to trunk sanitary sewer on Wescott Road area. Mr. Colbert explained the project in detail to the Council and indicated no objections had been filed prior to the meeting. The daughter of Mrs. Lillian McCarthy, an owner on Lexington Ave., appeared with questions concerning the assessments against her mother's property. •John Klein submitted an objection on -behalf of the McCarthy property on the north and south side of Wescott Road. A number of owners appeared with questions and the Council discussed the project in some detail. After review,- Egan moved, Thomas seconded the motion to close the hearing and to approve the assessment roll with the exception of the McCarthy property involved in the objection and to authorize the certification of the assess- ments to the Dakota County Auditor for collection. All voted in favor except Wachter who voted no indicating he opposed the extension of the sanitary sewer, through the McCarthy property. 7 Council Minutes September 18, 1984 CEDARVALE 2ND ADDITION - PROJECT #373 - FINAL ASSESSMENT HEARING The final assessment hearing concerning Project #373 relating to storm sewer and driveway improvements in Cedarvale 2nd Addition was convened for Council consideration. Mr. Colbert detailed the proposed assessments for the Council. Councilmembers were upset with the fact that the Country Club Market owners had not completed the improvements around their building. Smith moved, Wachter seconded the motion to close the hearing, to approve the assessment roll and authorize certification to the Dakota County Auditor. All voted in favor except Mayor Blomquist who voted no, indicating that she had strong objections concerning lack of cooperation by Country Club Market regarding the exterior of its property in the Cedarvale area. HILLCREST ADDITION - PROJECT #379 - FINAL ASSESSMENT HEARING The next public hearing convened by the Mayor concerned Project #379 relating to streets and utilities in Hillcrest Addition. Mr. Colbert ex- plained the project, including the assessments being levied at an interest rate of 10.5% for 5 years covering 46 parcels. There were no objections. Smith moved, Egan seconded the motion to close the hearing, to approve the assessment roll and authorize the certification to the County Auditor. All voted in favor. LONE OAK ROAD/T.H. #55 - PROJECT #391 - FINAL ASSESSMENT HEARING Mayor Bea Blomquist next convened the public hearing regarding the trunk water main improvements in the Lone Oak Road/T.H. #55 area under Project #391. Mr. Colbert explained-the project in some detail and four property owners were present objecting to the assessments. Some stated that their septic systems and wells are adequate, other objected that the improvements would not have been put in unless the turn lane had been installed in Highway #55 but it was noted that the residential property owners would be assessed at residential rates, even though the property was zoned at a higher use. Egan moved, Wachter seconded the motion to close the, hearing,. to approve the assessment roll and authorize the certification to Ithe County Auditor with the exception of the four objecting property owners whose hearing is rescheduled to October 16, 1984 at 7:00 p.m. at the Eagan Municipal Center. All members voted yes. FORST RIDGE PROJECT The public hearing regarding the application of Dan Gustafson and Ken" Applebaum for $12,260,000.00 multi-family housing revenue bonds was convened by the Mayor. A representative of Miller & Schroeder was present as was Dan Gustafson. After reviewing the application, including the material submitted by the applicant, there being no objections, Egan moved, Wachter seconded the motion to close the hearing and continue it until later in the meeting until the application concerning the preliminary plat of Forest Ridge is acted upon by the Council. All voted yes. 8 Council Minutes September 18, 1984 CEDAR CLIFF COMMERCIAL PARK - PYLON SIGN An application for conditional use permit by Federal Land Company for conditional use permit for pylon sign to be located in the Cedar Cliff Shop- ping Center at the northeast corner of Cliff Road and Nicols Road was then brought before the Council. Dale Runkle explained the application and noted that additional signage has been requested identifying the food store and drug store in addition to the sign that was approved by the Advisory Planning Commission. The APC recommended approval of the sign without the additional signage. Councilmembers explained the policy of the Council is not to allow additional signage on the pylon signs identifying shopping centers. One neighboring property owner was present and had questions concerning the sign. Egan moved, Wachter seconded the motion to approve the application, subject to the following recommendations, with the understanding that the additional signage identifying the food store and drug store would not be approved: 1. Upon completion of the construction of the pylon sign, the existing temporary advertising sign for the shopping center shall be removed. 2. No more than one sign shall be allowed for Cedar Cliff Shopping Center. 3. The sign shall be no more than 20 feet in height and not exceed 70 square feet per side. 4. The sign shall be located at least ten feet from the R.O.W. lines and shall not obstruct driver's vision. All voted yes. ROAD MACHINERY & SUPPLY CO. SILL ADDITION - PRELIMINARY PLAT The application of Road Machinery & Supply Co. for preliminary plat -approval and conditional use permit and variance for Sill Addition consisting of 13.96 acres, containing one industrial lot and to allow outside storage, was brought before the Council. The Advisory Planning Commission recommended approval at its meeting on August 28, 1984 subject to conditions. Dale Runkle again described the project and Tim-Young appeared on behalf of the applicant. Mr. Young indicated the final design from the architect has not been received. Outside storage was a concern of the City Councilmembers, as well as landscap- ing. ,..It was understood that there were no. changes in the plat other than what had been submitted in the form of a report from the staff. Wachter moved, Thomas seconded the motion to approve the applications as submitted, including variance to allow a portion of the building to be placed within the 100 foot setback area, conditional use permit to allow outside storage and preliminary plat approval, subject to the following conditions: 9 Council Minutes September 18, 1984 1. If the triangle :td_-the east is acquired, and the building is moved easterly, then the applicant shall review with the staff the potential realignment with Wuthering Heights Road of the access road. 2. The parking areas shall have bituminous surfacing with concrete curbing around the perimeter. - The storage area shall be required to have a crushed rock base-and dust control shall be implemented on this area. 3. There shall be no storage of equipment on the north side of the building. 4. The plans, including drainage, shall be reviewed by the Minnesota Highway Department, because the proposed plat abuts the state highway. 5. The proposed office facilities shall be limited to 15,900 square feet unless additional parking spaces are provided. 6. The developer shall submit a detailed landscaping plan to staff for its review and approval and provide an adequate landscaping bond and shall pay particular care to screen and buffer the industrial and residential areas. 7. All easements shall be required in accordance with the recommenda- tions of the City staff. 8. The westerly entrance drive should be relocated to avoid direct access toward building. 9. All utility relocations and/or removal shall be accomplished at the developer's expense. . 10. All utilities subsequently located within the property limits of this plat will become the private maintenance responsibility of the developer. 11. A revised grading, drainage,' and erosion control plan shall-be submitted and approved by City staff prior to final plat application. 12. A 40 foot half right-of-way shall be dedicated for Silver Bell Road. 13. The 50 foot setback variance is only applicable to portions of the building protruding within 50 feet of north property line and the triangle to east required the setback still applies only to that portion of the building. 14. No parking facility or other-use than greenery for setbacks shall be required. 15. The conditional use permit be approved subject to compliance with all City ordinances and requirements and that if a conditional use is re- quired, that the APC recommends approval of a loading dock. 10 Council Minutes September 18, 1984 16. There shall-be a detailed review of the drainage plan to ensure that adequate drainage is provided and to avoid intrusion of drainage upon adjacent residential property. 17. Specific building and site plans shall be submitted for staff review prior to any City approvals. 18. Revised landscaping and drainage plans shall be submitted to help mitigate the conflict between the industrial use and the adjacent residential area. 19. Recently a Naegele billboard has been constructed on the subject parcel. If the plat contains the building and sign on the lot, the sign should be removed. 20. The service area entrance drive shall be located so as to align with the intersection of Wuthering Heights Road. 21. A ponding easement shall be dedicated over the detention pond area. All voted in favor. See Plat File OAK CLIFF THIRD ADDITION - PRELIMINARY PLAT The application of Amoco Oil Company for preliminary plat of Oak Cliff Third Addition containing 8.9 acres for one commercial lot was considered by the Councilmembers. Dale Runkle briefly detailed the application and noted the Advisory Planning Commission recommended approval with conditions. He indicated that recently the planned development had been amended. Jim Fillippi appeared for the applicant. Smith moved, Thomas seconded the motion to approve the application, based upon the following conditions: 1. A detailed landscape plan shall be submitted for approval by the City :staff along with an adequate landscape bond which will be released one year after the landscaping is completed. 2. The number of parking spaces shall be increased to 20. 3. The plat shall be subject to review and approval by the Dakota County Plat Commission and the Minnesota Department of Transportation since the plat abuts county and state roads. 4. The plat shall be subject to the review and recommendations of the Advisory Park Commission for park dedication requirements. 5. The minimum required building setback shall relate to any canopy, weather protection, pump island or building. 11 Council Minutes September 18, 1984 6. The sale or rent of motor vehicles, trailers, campers, boats and other items which are not kept entirely within the building shall require a conditional use permit for an approved open sales lot. 7. A minimum twenty-foot (20) landscaped yard shall be provided along all abutting public rights-of-way lines, except where approved driveways occur. 8. All goods offered for sale on the motor fuel station site, other than those generally required for the operation and maintenance of motor vehicles, shall be stored, sold and displayed within a building. - 9. All trash, waste material and unwanted motor vehicle parts shall be stored within a separate enclosure behind the building or within the building. 10. The outdoor lighting system shall be approved by the City and shall be so designed to prevent any undue light being directly visible from the public right-of-way or abutting lots. 11. This development shall be responsible for the construction of a 6- inch water service line to this property either under private contract or public contract. 12. If the water main is installed under private contract, the plans and specifications shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 13. If the water service is to be constructed under a public contract, then this development will be responsible for submitting a petition for the water main installation. -14. The curb cuts for the driveway entrances shall be made in accordance with City guidelines. 15.-The driveway widths shall be 32 feet maximum. 16. A 10-foot drainage and utility easement shall be dedicated along Cliff Road with a 5-foot drainage and utility easement dedicated adjacent the easterly and- southerly property lines. 17. All costs associated with this development shall be the sole respon- sibility of this development. All voted in favor. SEE PLAT FILE 12 Council Minutes September 18, 1984 FOREST RIDGE ADDITION - PRELIMINARY PLAT The application of Dan Gustafson for preliminary plat approval of Forest Ridge Addition was next considered by the Council. The plat would consist of 191 apartment units and 58 townhouse units on 20 acres of land under the original application, with a revised application including 186 apartment units and 66 townhouse units for a total of 252 units. The development would be 12.5 units per gross acre and 13.8 units per net acre. The Advisory Planning Commission recommended approval at its special meeting on September 10, 1984. One of the special issues that the Council discussed had to do with parks, and Ken Vraa, the Park Director, was present. He explained that the DeBoer Park and Fish Lake Park are in the general vicinity and the Park Committee recommended against accepting park land dedication. He stated there was a need for cash for development of the parks in the community. Mayor Blomquist was concerned about whether there is adequate green space in the general area. A large number of neighbors were present and were concerned about density of the development and recommended that in lieu of the cash dedication, that the northeast corner, consisting of about two acres, be dedicated and be used for passive park and trailway and further that trailway be dedicated. Generally, the neighbors approved of the project but requested that the City Codes and landscaping requirements be complied with strictly. They also requested a maximum 20% of the housing be subsidized. Other neighbors were strongly in favor of dedication of the pond area for park purposes but also were concerned about the buffering along the east property line. Dan Gustafson was present and explained that the developers would dedi- cate approximately two acres, including the pond, for park requirements and explained that all of the concerns had been addressed and revisions were made which dealt primarily with the east property line concerns. He stated that there would be some problems with the dedication of the land and would prefer to give cash donation. He suggested an appraised value be used for land dedication credit and expected the value would be about $25,000.00 per acre based upon developable land. The developer, however, would abide by the recommendation and approval of the staff concerning landscaping. There were questions about maintenance in the two acre park and after lengthy discus- sions, Smith moved, Egan seconded the motion to approve the application for preliminary plat with the understanding that no park land would be dedicated according to-the recommendation of the Park Committee, noting that the park is not a part of the general Comprehensive Park Plan, that the City did some trading of park land in the DeBoer Park area recently, that the policy of the City is that park land not be less than 5 acres per parcel, that the tenants in the multi-family development would most likely request active park land rather than simply passive park land in the area and also the City needs funds for the development of its parks. Mayor Blomquist was concerned about high density in the area, the inadequate park land in the general area and the fact that the Park Committee may not be totally aware of all the needs for park concerns. The approval of the preliminary plat was subject to the following: 13 Council Minutes September 18, 1984 1. Park dedication shall be accomplished in accordance with the requirements established by the City Council and approval shall also contain the requirements for the construction of an asphalt trail along Denmark Avenue and internal trail system approved by the City. 2. A detailed landscape plan and outdoor lighting plan shall be sub- mitted and approved by the City Staff prior to construction. Special atten- tion shall be paid to buffering along the east property line. 3. Concrete curbs shall be constructed along the perimeter of all outside parking areas and access roads. 4. Structure setbacks to the private streets shall be adhered to. 5. A tot lot/play area shall be provided near the proposed recreation area. 6. An appropriate water level shall be maintained for the pond area to retain its function as an amenity and drainage pond. 7. The approval is subject to the preparation and approval of an En- vironmental Assessment Worksheet (EAW). 8. Garages shall be required to be rented in conjunction with each rental unit. 9. In the event that land is dedicated for park land, 16 townhouse units shall be eliminated. - 10. A detailed erosion control and grading plan complete with 2 foot contour intervals and drainage directional arrows shall be submitted to the Engineering Department for approval. 11. A portion of this development lying within major drainage district D shall not be allowed to develop until the necessary downstream storm water facilities are constructed. 12. This development shall be responsible for extending the storm sewer from Duck wood Estates to the storm water retention pond. - .13. This' development shall provide a minimum of 3.8 acre-feet of storage between the 890 and 894 elevations for the storm water retention pond. 14. This development shall petition for the improvements of street and utilities for Denmark Avenue. 15. The Denmark Avenue street and utility improvement project shall be authorized by Council prior to final plat approval. 14 Ott Council Minutes September 18, 1984 16. If installed privately, the plans and specifications for the public utilities located within this development shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 17. A minimum separation between townhomes located opposite each other along the private drives shall be 64 feet. 18. The unit shall be set back a minimum of 25 feet from the private streets. 19. The lower elevation for the 54-unit apartment building shall be a minimum of 897.0. 20. A 40 foot half right-of-way shall be dedicated for Duckwood Drive and Denmark Avenue. 21. A 10 foot utility easement shall be dedicated adjacent to all public right-of-way and a 5 foot utility and drainage easement shall be dedicated adjacent to the east and north property lines of this development. 22. Easements of sufficient width shall be dedicated over all public utilities installed within this development. 23. This development shall be responsible for its trunk area storm sewer assessment and the upgrading of the street assessment for Duckwood Drive at the rates in effect at the time of final platting. 24. This development shall be responsible for its share of the cost for the improving of Denmark Avenue with streets and utilities and streets. All members voted in favor except Blomquist who voted no. SEE PLAT FILL FORST RIDGE - MULTI-FAMILY HOUSING BONDS The Mayor then convened the public hearing concerning the application for approval of the Forest Ridge Multi-Family Housing Bonds. Representatives of the developer and Miller & Schroeder were present and indicated that they expect that-the bonds will be placed privately. Egan moved, Smith seconded the motion to close the hearing, to approve the resolution authorizing multi- family housing revenue bond application in the amount of $12,260,000.00 with the understanding that the Council will make the final decision as to whether the bonds should be publicly or privately placed. All voted in favor. 15 Council Minutes September 18, 1984 SHORELAND ZONING ORDINANCE Egan moved, Blomquist seconded the motion to continue consideration of the Shoreland Zoning Ordinance until the October 16, 1984 regular meeting. All voted yes. LeMAY LAKE PROJECT - MULTI-FAMILY HOUSING REVENUE BONDS An application has been received for $13,000,000.00 in multi-family housing revenue bonds for LeMay Lake apartment project. Thomas moved, Egan seconded the motion to accept the application and to set a public hearing for LeMay Lake project for October 16, 1984 at 7:00 p.m. at the Eagan Municipal Center. All voted yea. ,NI WELL #7 - PUMPING FACILITY - CONTRACT #84-19 The plans have now been received for Contract #84-19 consisting of pump- ing facilities for Well #7 and it was recommended that the plans be approved. Thomas moved, Wachter seconded the motion to approve the plans for the instal- lation of the pumping facilities and to authorize the advertisement of bids to be opened on October 12, 1984 at 10:30 a.m. at the Eagan Municipal Center. All voted in favor. MISCELLANEOUS WELL CONVERSION - CONTRACT #84-18 Bids have now been received covering the conversion of several of the existing wells to make them compatible with the new water treatment plant. It was recommended that the low bid be accepted. Wachter moved, Egan seconded the. motion that the low bid of Bergerson Caswell in the sum of $85,953.00 be approved and the contract be awarded. All voted in favor. CONTINUED CONSENT AGENDA The following additional consent agenda items were reviewed by the staff and recommended for approval by the Council: 1. M. G. Astleford - Grading Permit. An application was received for a grading and excavation permit on 22 acres of land located south of Bicenten- nial Addition adjacent to the Federal Drive extension being performed by MnDOT as part of I-35E. The staff recommended approval of the application. 2. Cedar Cliff 1st Addition - Grading Permit. An application has been received from James Durning for grading permit for Outlot H Cedar Cliff 1st Addition and the staff recommended approval, subject to compliance with City ordinances. 16 Council Minutes September 18, 1984 3. Water Treatment Plant - Contract #83-1. Change Order #7 to Contract #83-1 for Water Treatment Plant, mechanical equipment, was recommended for approval in the sum of $1,936.00. 4. Cedarvale 2nd Addition - Storm Sewer & Driveway - Contract #84-7. The final payment request was received for Cedarvale 2nd Addition storm sewer and driveway improvements under Contract #84-7 and the staff recommended approval of the payment of $6,185.05 to McNamara-Vivant Contracting Company. Wachter moved, Smith seconded the motion to approve the foregoing consent agenda items. All voted in favor. LeMAY LAKE 1st ADDITION - PROJECT #424 The City received a petition from the property owners in the LeMay Lake 1st Addition requesting preparation of a feasibility report for the installation of streets and utilities. The preliminary plat application will be heard by the Advisory Planning Commission in September and it was noted the developer will guarantee the cost of the report. No action was taken until the preliminary report is approved by the Planning Commission and Council. NICOLS ROAD - COUNTY STATE AID DESIGNATION As a part of the Dakota County Highway Turnback Program, County Road #23/Nicols Road, which is designated as a County State Aid Highway, is pro- posed to have its jurisdiction turned back to the City during the year 1985. The Public Works Director requested the County revoke the County State Aid Highway designation to allow the City to make application for Municipal State Aid Street designation in order to acquire State Aid financing. Smith moved, Wachter seconded the motion to approve the revocation of Nicols Road and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. R 84-45.1 LEXINGTON AVENUE - WESCOTT ROAD IMPROVEMENTS Mr. Colbert stated that the contractor and for improvement project in the vicinity of Lexington Avenue and Wescott Road has halted construction because of the possibility of disrupting radar and telephone cable in the area of Lexington Avenue. The Consulting Engineer's office has made a proposal to attempt to avoid any disruption of the cable by an augering method, with an estimated cost of $8,000.00. Wachter moved, Egan seconded the motion to approve Change Order #2 to Contract #84-8. All voted in favor. 17 Ai 41 Council Minutes September 18, 1984 SNOW PLOW EQUIPMENT The Public Works Director recommended the City Council authorize the advertisement of bids for snow plow equipment for the trucks that are now being ordered by the City for the maintenance department. Egan moved, Wachter seconded the motion to accept the recommendation. All voted in favor. CITY LEAF COMPOSTE PROJECT Councilman Smith stated that he has talked with Park Director Vraa about setting up a leaf compost program and its estimated cost will be about $2,000.00. Smith moved, Wachter seconded the motion to authorize the staff to institute the program. All voted in favor. COUNTRY CLUB MARKET - CEDARVALE Members of the Council were concerned about the fact that the exterior area of the Country Club Market has not been brought up to the standards that the representatives of the supermarket had indicated when the Cedarvale improvement project was instituted. Staff was directed to pursue the issue with the owners of the Country Club Market to complete all improvements that were agreed upon. SOUTH OAKS POND There was discussion again by the Councilmembers and the staff concerning the level of the South Oaks Pond noting that a complaint had been received regarding the level of the pond. Historically, the pond has risen and fallen and the staff will continue to monitor the pond level. BOESEL POND - PROJECT #125 Councilmembers noted the high level of the Boesel Pond north of Cliff Road and staff recommended that a•feasibility report be prepared for the storm sewer outlet. Wachter moved, Thomas seconded the motion to implement the recommendation for feasibility report for Project #425. All voted in favor. Thomas moved, Wachter seconded the motion to name the pond officially as Boesel Pond. All voted yes. 18 Council Minutes September 18, 1984 COUNCIL AGENDA Members of the City Council, including Mayor Blomquist, expressed con- cerns regarding the excessive length of the City Council packets in recent months and also the memorandums that have been distributed by the staff to the Council. Suggestions by Councilmembers included alternate recommendations be included. in the packet and consolidation of the material for each of the items. After discussion, -upon motion by Blomquist, seconded Egan, it was resolved that the staff implement the following policies: 1. Control the length of memorandums in packets to the Council. 2. Outline policies and alternative solutions for the Council in dis- tributions submitted to Councilmembers. 3. Staff shall be directed to complete and implement projects that are specifically assigned to staff members. All voted in favor. BOND TRANSCRIPT - RESOLUTIONS The following Resolutions were submitted by the City Attorney relating to the 1984 G. 0. Bond issue transcript: 1. Project #373A - Cedarvale 2nd Addition. 2. Approved plans for Project #403 under Contract #84-12 and eliminate the plans to Project 4402. Upon motion by Egan, seconded Wachter, all members voting in favor, it was resolved the foregoing, Resolutions be and they hereby are adopted and authorized to be signed by the Mayor and Clerk. R 84-46 APPRAISERS FOR ASSESSMENT OBJECTIONS The City Attorney requested authorization from the City Council for the hiring of appraisers for the objections and anticipated appeals covering special assessments during the Fall of 1984. Upon motion by Egan, seconded Blomquist, it was resolved that Dan Dwyer and Mark Parranto be designated as appraisers for the special assessment appeals. All voted yes. 19 Council Minutes September 18, 1984 SPECIAL ASSESSMENT HEARINGS The City Attorney, Paul H. Hauge, suggested that the City Council set aside a special night for hearings covering special assessment objections. Egan moved, Wachter seconded the motion to schedule October 18, 1984 at 7:00 p.m. as the date and time for the special assessment objections and to con- tinue all hearings where objections had been filed to be heard by the City Council. , All voted yea. CHECKLIST Wachter moved, Thomas seconded the motion to approve the following check- list dated:August 31, 1984; $378,880.35 & September 18, 1984;$1,072,925.48 All voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 1:00 a.m. All voted in favor. PHH AA A 141 City k 20