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01/02/1985 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 2, 1985 A regular meeting of the Eagan City Council was held on Wednesday, January 2, 1985 at 6:30 p.m. at the Eagan Municipal Center. All members were present. Also present were Public Works Director Colbert, City Administrator Hedges, Consulting Engineer Rosene, City Planner Runkle and City Attorney Hauge. AGENDA Wachter moved, Thomas seconded the motion to approve the agenda. All members voted yes. MINUTES December 18, 1984 _ ReEu1ar Meeting. On page 9 regarding Cedar Cliff Commercial Addition, Councilman Egan recommended the City Council not deviate from its long-standing policy requiring service stations to have service bays; further, on page 14, regarding the Eagan HRA Meeting, in the first motion that all members voted in favor except Wachter who voted no, and the second motion, all members voted yes. Thomas moved, Wachter seconded the motion to approve the minutes with the foregoing revisions. All members voted in favor. PARK DEPARTMENT - PARK DEDICATION FEES City Administrator Tom Hedges submitted to the Council proposed revisions to park dedication fees that were recommended by the Advisory Park and Recrea- tion Commission consisting of approximately 5% increases, effective January 1, 1985. A review of land sales in the City during the past year and other relevant information, were the bases for the recommendation and Councilmembers indicated it was important to keep the rates up to date on an annual basis and to justify all revisions. Wachter moved, Egan seconded the motion to approve the recommendations and order their implementation effective January 1, 1985. All members voted yea. CONSENT AGENDA Upon motion by Wachter, seconded Thomas, it was resolved that the follow- ing consent agenda items be submitted to the Council and be recommended for approval: 1. Contractors' Licenses. A schedule of contractors having submitted applications for licenses was brought to the Council and it was recommended that the applications be approved. 1 Council Minutes January 2, 1985 2. Personnel Items. It was recommended that in light of the resigna- tion of Ken Conyers from the Police Department, that Kevin McGrath be autho- rized to replace officer Conyers upon submission of a formal resignation from Mr. Conyers. It was further recommended that John Sachi be hired as an Engineering Tech I at the established rate of pay for that position that was provided under the 1985 Budget. 3. MnDOT Cost Participation Agreement. A Cost Participation Agreement under Project #186 consisting of Cedar Avenue storm sewer project, Agreement No. 62501 providing for the payment of $58,002.74 from MnDOT to the City for its share of construction and engineering costs associated with these trunk storm sewer facilities was recommended to be approved. 4. Water Treatment Plant - Change Order No. 8. A change order con- sisting of seven parts under Contract #83-1 regarding the water treatment plant with a total additional amount of $6,917.00 was brought before the Council and recommended that it be approved. 5. Rose Hill - Project #403 - Assessments. The final assessment roll consisting of the streets and utility improvements in Rose Hill Addition under Project #403 was submitted and it was recommended that the assessment roll be received and that a public hearing be scheduled on the roll for February 5, 1985 at 7:00 p.m. at the Eagan City Municipal Center. Upon motion by Wachter, seconded Thomas, it was resolved that the fore- going consent agenda items as presented, be approved and authorized to be implemented. All members voted in favor except Wachter abstained concerning the application of Ted Wachter Construction Company for contractor's license. 1983 AUDIT REPORT City Administrator Tom Hedges explained that the City has recently been notified by the Municipal Finance Office for the United States and Canada, that it has received a Certificate of Performance and Commendation concerning its accounting practices and stated that it consists of special recognition to the City for work done by its finance office. CITY INTERN Mr. Hedges then announced John Hohenstein, a student at Mankato State University in the Masters Program has been selected as Intern for the City beginning January 3, 1985 for a six month period. He further recommended the Council authorize Ed Meister be retained through the month of April which was accepted. 2 Council Minutes January 2, 1985 WEST SERVICE ROAD - VACATION HEARING Public Works Director, Tom Colbert, announced that the vacation hearing that had been held concerning the West Service Road along I-35E had inadver- tently included only a part of the description and recommended the Council reschedule a public hearing for February 5, 1985 at 7:00 p.m. at the Eagan Municipal Center to consider vacation of the entire roadway. Egan moved, Wachter seconded the motion to approve the recommendation and authorize its implementation. All members voted yes. RAHN ROAD - PROJECT #405 - STREET IMPROVEMENTS Mayor Blomquist convened the public hearing regarding Project #405 con- sisting of proposed street improvements for Rahn Road between Beau D'Rue Drive and Shale Lane. Mr. Colbert reviewed the history of the street improvements on Rahn Road and indicated that extensive soil borings have been taken to determine the base and thickness of the bituminous surfacing. He stated that it was proposed that a five foot concrete sidewalk from Shale Lane to Tur- quoise Trail on the east side and from Beau D'Rue Drive to Shale Lane on the west be installed. The reason for the shift in the sidwalk is because of additional right-of-way that would be required and vegetation that would need to be removed if the sidewalk were to remain on one side. The estimated assessments were also discussed, including the City's contribution toward the street improvements, according to City policy. It was proposed that there be complete reconstruction of Rahn Road from Diffley to Beau D'Rue Drive and south of Diffley Road, there would be widening and an overlay, due to less traffic and better soil conditions in that area. The estimated cost would be $761,900.00 to $830,000.00 with about two- thirds funded through City street funds, including Municipal State Aid Funds. Councilman Smith suggested sidewalks terminate at the end, rather than in the center of each block. A small number of owners were present, including Terry Stover, an owner of two acres at Rahn Road and Beau D'Rue Drive who had questions about the assessment policy and sources of construction funding. He also expressed concerns about funneling traffic on Rahn Road to Cedarvale and whether traffic should be diverted to other routes. Mr. Colbert commented that it is not possible to change driver's traffic patterns, and further that Nicols Road will be upgraded. Rahn Road is considered a minor collector. Some persons present were in favor of the project, some opposed, and generally, those in favor recommended the narrower right-of-way, rather than the alternate 44 foot right-of-way. After about an hour hearing, Egan moved, Thomas seconded the motion to close the hearing, noting that the improvements are needed and that most people present favored the improvement, but that parking be restricted to one side only, without the 44 foot right-of-way and to order in the project and authorize the preparations of plans and specifica- tions; further, that the Council review the cost of reducing the width from 44 to 40 feet on the south side of Diffley Road, and it was requested that the final decision on the width for that portion be returned to the Council for final decision during the design stage. All councilmembers voted yes. 3 Council Minutes January 2, 1985 HOLDS ADDITION - PONDING EASEMENT VACATION Mr. Colbert stated that because the staff was not able to publish the Notice of the Ponding Easement Vacation in Holmes Addition, that he requested a continuance of the public hearing to January 15, 1985 at 7:00 p.m. Thomas moved, Wachter seconded the motion to authorize the recommendation. All members voted in favor. OFF-SALE LIQUOR LICENSES - 1985 The City Administrator stated that at the February 7, 1984 City Council meeting a motion was adopted regarding the existing licenses to require that one of the inactive existing licenses be activated in southern Eagan in 1984 or be open to application and further, that the Council would consider the renewal of the J. E. Parranto off-sale liquor license application in 1985 if the license is not activated in 1984. Mark Parranto was present and stated that the location at Silver Bell Road originally intended for the off-sale license is too small and that two alternates have been attempted with the preferred alternative at a proposed shopping center at Nicols Road and Diffley Road. There are no other pending applications for off-sale licenses at the present time according to Mr. Hedges. Councilman Wachter and Councilman Egan stated that there is no change in the status from one year ago and there are no definite plans on behalf of Mr. Parranto but Councilman Smith stated that at that time there was one other applicant for a license. Mr. Parranto mentioned that he expected that the applicants were within a few months of breaking ground for the proposed shopping center and requested an additional six months from the Council for an extension of the license. Wachter moved to remove the license and to refund the 1985 license fee paid for the reasons mentioned above and not to reissue the license until more definite plans are submitted. There was no second and the motion died. Egan then moved, Wachter seconded the motion that the City Council extend the J. E. Parranto license through June of 1985 and that the Council at its first regular meeting in July of 1985 will consider whether to remove the J. E. Parranto license and refund the license fee for the balance of the calendar year, unless the applicant submits to the Council sufficient evidence of concrete plans and steps to implement the use of the license which determina- tion shall be made solely within the discretion of the Council. David Perrier appeared and objected and stated that no plans have been submitted and under- stood the Council would consider the use by another applicant at the present meeting. He stated he was interested in placing an off-sale store at the Cedar Cliff Center. Councilman Smith indicated that the Cedar Cliff location may not qualify under the Eagan ordinance's geographical guidelines and that the Council, in February 1984, did not contemplate the transfer of the license under that motion. All members voted in favor. 4 Council Minutes January 2, 1985 M.C.R.S. INDUSTRY, INC. - CONTRACTOR'S LICENSE An application has been submitted by M.C.R.S. Industry, Inc. for a con- tractor's license and the City Council had placed the matter on the agenda to discuss the concerns of the chief building inspector whether the license should be issued under City standards. It was noted that the building in- spector's concern regarding one individual who is not acceptable as a con- tractor license holder in the City is not involved with the applicant and there were no further objections to the application. Smith moved, Thomas seconded the motion to approve the issuance of the contractor's license as requested. All voted yea. LEMAY LAKE 1ST ADDITION - PRELIMINARY PLAT The application of Alscor/Opus Corporation for preliminary plat approval of Lemay Lake 1st Addition and concept plan approval for the adjacent commer- cial land consisting of approximately 290 apartment units was then brought before the council. The Advisory Planning Commission last held its public hearing on December 20, 1984. The APC first reviewed the application on September 25, and the City Council considered it on October 16, 1984. The Counc_a returned the application to the Planning Commission to review certain items, including over-all concept plan, access to the development, density of the development, and the impact of the Shoreland Zoning Ordinance. In addi- tion, the City Council was concerned about internal traffic patterns. Tom Healey was present and Dale Runkle detailed the application for the Council, including the revisions that had been submitted by the applicant. The overall concept plan provides for removal of the R-4 use in the southeast area and conversion to office use. Access locations to the multiple project were discussed with an east-west pedestrian trail planned. Two alternate circulation plans were displayed and the APC recommended the looped plan. Access to the public street from the southerly apartment building was recommended also. The density is 17.1 units per acre removing public right-of-way and part of the private right-of-way and the Planning Commission recommended reduction of six units to bring it within Code conformance, rather than shift the mix of units. Councilman Wachter questioned the setback along Lemay Lake and it was also noted the DNR recommended keeping the project back as far as possible, but strict compliance with the Shoreland Ordinance is not required because of the timing of the adoption of the Ordinance. Wachter favored the construction of the gazebo along Lamay Lake and no definite plan for the trail around the lake has been made at the present time, although the Park Commission has recommended that trail be installed on the developer's property near Lemay Lake. See Plat File 5 Council Minutes January 2, 1985 Wachter was further concerned about the berm at the north end obstructing site distance for traffic and felt an 8 foot berm plus trees may be excessive. Mr. Healey stated that the developer is willing to accommodate the request of the neighboring property owners and several neighbors, including Lawrence and Pete Poppler were present. A minimum of 30 foot setback from the parking lot is planned according to Mr. Healey. Bob Worthington of Opus Corporation was also present and reviewed the plan regarding the commercial area. At least one underground parking space will be provided for each unit. Councilman Smith suggested that an east-west internal street be provided in one of three alternate locations, including the potential of a street along the south line of the property to avoid excessive traffic circling the entire project. Mr. Healey indicated that the developer prefers to have auto access from the perimeter for safety purposes rather than through the project. The Popplers were opposed to a public walkway concept around the lake and also requested a reduction in the number of units. Councilman Egan recommended more traffic be directed toward Eagandale Blvd. from the westerly building and strongly recommended that the developer review alternates for internal street circulation. Egan moved, Smith seconded the motion to continue consideration of the application until the January 15, 1985 meeting to allow the staff and developer time to review the reorientation of traffic from the westerly building. All members voted yes. KING ADDITION - PRELIMINARY PLAT AND REZONING The application of Mr. and Mrs. Gary King for preliminary plat approval and rezoning of the proposed King Addition containing 10 single family lots on approximately 10 acres on Golden Meadow Road west of Dodd Road was then reviewed. Dale Runkle explained the application and also the action of the Advisory Planning Commission at its December 20, 1984 meeting, at which time the Commission recommended approval, subject to certain conditions. In addi- tion, there were recommendations from the Park Committee that land dedication be granted for that portion at the south corner in the Schwanz Lake Park area with the balance of the dedication requirement to be filled by cash contribu- tion. The Mayor and other Councilmembers were concerned about future assess- ments and several neighboring property owners were present with the same concerns. After extended discussion, Smith moved, Thomas seconded the motion to approve the concept and the preliminary plat, subject to the determination by the City Council whether to authorize the street and utility improvements on Golden Meadow Road with the understanding that the property will not be rezoned until the council approves the street and utility improvements, and subject to the following: 1. Golden Meadow Road public improvements shall be approved by Council prior to final plat approval. 6 Council Minutes January 2, 1985 2. A 30 foot half right-of-way shall be dedicated for Golden Meadow Road. 3. No driveways shall exceed 10% slope. 4. All other City requirements shall be complied with. 5. A detailed erosion control plan shall be submitted according to City requirements. 6. The Council authorized the consulting engineer to prepare a feasi- bility report covering the improvements. Gary King was present as well as other neighbors. All Councilmembers voted affirmatively. See Plat File ROYAL OAK CIRCLE APARTMENTS - MULTI-FAMILY HOUSING REVENUE BONDS An application has been received through Miller & Schroeder Municipals, Inc. on behalf of the Royal Oaks Circle Apartment owners asking that the City Council establish a public hearing to consider multi-family housing revenue bonds of $13,365,000.00. Upon motion by Smith, seconded Thomas, it was resolved that a public hearing be scheduled for February 5, 1985 at 7:00 p.m. at the Eagan Municipal Center to consider the application. All members voted in favor. LEMAY LAKE - MULTI-FAMILY HOUSING REVENUE BONDS An application was received from the Alscor and Opus Corporations for a hearing regarding multi-family housing revenue bonds in the amount of $13,000,000.00 for the Lemay Lake Apartment project. Noting that the Council did not approve the preliminary plat, Thomas moved, Egan seconded the motion to continue the application until the plat has been acted upon. All voted in favor. SEWER AND WATER RATE STUDY FOR 1985 The Engineering firm of Bonestroo, Rosene, Anderlik & Associates has submitted a water and sewer rate study based on the most recently approved budget and estimates of water and sanitary sewer usage. The projected revenue under the public enterprise budget was followed closely and it was further noted that the rates for water usage are less than what were originally anticipated because of favorable construction bids on the water treatment plant, greater revenue from water sales than anticipated and an excess of money in the reserve fund. Thomas moved, Smith seconded the motion to approve the 1985 rates as proposed. All voted in favor. 7 Council Minutes January 2, 1985 LEXINGTON AVENUE - STREETS AND STORM SEWER - PROJECT #330 The final payment to Dakota County in the amount of $115,814.59 for Project #330 regarding streets and storm sewer improvements on Lexington Avenue was submitted to the Council for approval. Thomas moved, Wachter seconded the motion to approve the final payment as requested. All voted yea. COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT Dale Runkle reported to the Council that additional meetings have been held amongst representatives of Burnsville, Apple Valley and Eagan concerning the Community Development Block Grant funds and the group has now recommended that $174,000.00 under the 1985 allocation be designated for the Robert B. Lewis House with an additional $126,000.00 to be borrowed from anticipated funding in 1986. The balance of the funding would be used for retrofitting low and moderate income housing on a loan basis, potentially through the HRA. There was also discussion concerning potential planning for elderly housing in the City and Councilmembers generally favored the formation of a committee to study the feasibility of housing for the elderly within the City. In addition, Councilmembers questioned the proposed cost of the new battered womens' home and recommended that the CAC justify the proposed cost of the shelter. Smith moved, Egan seconded the motion to approve the funding of $174,000.00 toward the battered womens' shelter and $126,000.00 to be borrowed from anticipated 1986 funding with $115,000.00 placed in a revolving loan fund on a one-year trial basis for retrofitting low and moderate income housing, and further, that the CAC be requested to justify the proposed cost of the battered womens' home. All members voted yes. PARK & RECREATION COMMISSION, ADVISORY PLANNING COMMISSION AND CABLE COMMISSION APPLICANTS Mr. Hedges reviewed with the Council a schedule of persons who have submitted applications for filling vacancies on the Advisory Park and Recrea- tion Commission, the Advisory Planning Commission and the Burnsville/Eagan Cable Commission. The method of interviewing was discussed and the Admini- strator was requested to prepare uniform questions to avoid excessive time being used with the large number of applicants for the vacant positions. CITY COUNCIL - SPECIAL MEETING A special meeting of the City Council has been scheduled for January 8, 1985 at 7:00 p.m. at the Eagan Municipal Center. 8 Council Minutes January 2, 1985 AGENDA Councilman Smith recommended that the City Council limit the number of items on Council agendas to 15 items under public hearings, old and new business and additional items, and further, that a time limitation be placed on each of the items that are submitted to the Council for consideration. The Council will, until further notice, follow the recommended format. CHECKLIST Egan moved, Thomas seconded the motion to approve the following checklist dated January 2, 1985 in the amount of $217,384.15. All voted in favor. ADJOURNMENT Smith moved, Thomas seconded the motion to adjourn at 10:50 p.m. All voted yea. PHH Cit Clerk 9