02/05/1985 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
FEBRUARY 5, 1985
A regular meeting of the Eagan City Council was held on Tuesday, February
5, 1985 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Bea
Blomquist and Councilmembers Smith, Egan, Wachter and Thomas. Also present
were City Administrator Hedges, Public Works Director Colbert, Consulting
Engineer Rosene, City Planner Runkle, and Assistant City Attorney Smith.
AGENDA
Wachter moved, Egan seconded the motion to approve the Agenda as
presented. All members voted in favor.
MINUTES
The minutes of the regular meeting of January 15, 1985 were presented.
Egan moved, Thomas seconded the motion to approve the minutes as prepared with
the addition of a number 5 under Committee Appointments on page 8 of the
minutes for the Assessment Committee, to show that Mayor Blomquist and member
Egan were reappointed as members of the Assessment Committee. All members
voted in -favor. Egan moved, Wachter seconded the motion to approve the
minutes of the special meeting of the Eagan City Council on January 8, 1985 as
prepared. All members voted in favor.
PARKS AND RECREATION DEPARTMENT
Park Director, Ken Vraa, was present and reported that the City has
received official word that the LAWCON grant for Schwanz Lake in the amount of
$110,500.00 has been approved and that the State of Minnesota, through the
LCMR Fund will match 25$ of the grant amount, or $55,250,00. He noted that
the amount awarded exceeded the original request, and that the early approval
of the grant will allow the City to include Schwanz Lake in spring
construction projects. Smith moved, Thomas seconded the motion to approve
execution of all necessary contract documents relating to the grant. All
members voted in favor. Mayor Blomquist noted that it would be appropriate to
thank McDonald's Corporation for its agreement to help promote special events
scheduled for February 9 and 10 at Carlson Lake, Blue Cross-Blue Shield, and
Schwanz Lake.
Park Director, Ken Vraa, recommended that the City Council authorize City
staff to proceed with the formal proposal and request to acquire park land
dedication of 12 acres in Blue Cross-Blue Shield PUD, and he reviewed the
staff report of January 29, 1985. Smith moved, Wachter seconded the motion to
authorize City staff to proceed with a formal proposal and request to obtain
the 12 acres of park land as summarized in the staff report of January 29,
1985 as follows:
1. The City shall request early park dedication of 10.25 acres of park
land (7.78 acres residential, and 2.47 acres commercial).
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February 5, 1985
2. The City shall purchase 1.75 acres to complete the 12 acre site at a
cost of $10,000.00 per acre, or $17,500.00.
3. The City shall prepare the necessary legal description and title of
the property with the City to bear the cost.
4. The Abstract of existing property shall be brought up to date with
such costs to be borne by Blue Cross-Blue Shield.
5. At time of conveyance of the property, the owner shall pay all taxes,
assessments and pending assessments.
6. With the Parks construction project, the City will do all rough
grading and road preparation on the road extending east to west from Blue
Cross-Blue Shield Drive.
All members voted in favor.
Park Director Vraa recommended that the City Council authorize the City
staff to proceed with an offer to Thomas Murr to acquire 1.337 acres of
parkland for $2,000.00 with the City to waive park dedication fees associated
with the future lot split now being contemplated by Thomas Murr. He mentioned
that Murr is aware that this agreement would not effect assessments if his
property develops. Egan moved, Wachter seconded the motion to authorize City
staff to proceed with an offer to Thomas Murr to acquire 1.337 acres for
$2,000.00, with the City to waive park dedication fees associated with the
future lot split now being contemplated by Mr. Murr. All members voted in
favor.
Egan moved, Wachter seconded the motion to schedule a special meeting of
the Eagan City Council for a work session with the Park Committee on February
12, 1985 at 7:00 p.m. All members voted in favor.
PUBLIC WORKS DEPARTMENT
Thomas Colbert reported to the City Council on a recent study done by the
Public Works Department relating to overhead costs associated with Public
Improvements. He stated that the average overhead expense for public
improvements for 1982, 1983 and 1984 has been approximately 30$ of contract
costs. He recommended that the City Council authorize the use of a 30% figure
for estimating overhead expenses for 1985. He noted that actual expenses,.
whether higher or lower than 30% will actually be attributed to each
improvement and assessment, and that the 30$ figure is only for estimate
purposes in feasibility report. Smith moved, Thomas seconded the motion to
approve the use of 30$ as the estimate of overhead costs associated with
public improvements for 1985. All members voted in favor.
CONSENT AGENDA
The following consent agenda items were brought before the Council for
consideration:
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1. Radio Communication Evaluation. The Chief of Police and City
Administrator recommended the hiring of John DuBois to conduct a technical,
operational, economic evaluation and remedial action for the municipal radio
communication systems operated by the City of Eagan.
2. Contractors License. The Chief Building Inspector recommended
approval of Contractors licenses for contractors on a list presented to the
City Council dated February 5, 1985.
3. Gambling Application - St. John Neumann Church. An application for a
temporary gambling license for Bingo to be held at a fund raiser on February
15, 1985 by St. John Neumann Church was submitted and it was recommended that
the application be approved subject to compliance with the required
ordinances.
4. Royal Oaks Apartments - Protect #432. A Petition had been received
requesting installation of streets and utilities to service the proposed Royal
Oaks Apartment complex, located south of Surrey Heights and west of Federal
Drive, and it was recommended that the City Council receive the Petition and
authorize the preparation of a feasibility report for Project #432.
5. Lexington Square 2nd Addition - Protect #433. A Petition had been
received from Northland Mortgage Company requesting the extension of the trunk
sanitary sewer and storm sewer through the future Lexington Square 2nd
Addition. It was recommended by staff that the Petition be received and the
Council authorize the preparation of a feasibility report for Project #433.
6. Eagandale Center Industrial Park 6th Addition - Vacate Public
Easements/Receive Petition/Order Public Hearing. A Petition had been received
to vacate the existing drainage and utility easements within that portion of
Eagandale Center Industrial Park 6th Addition that is being replatted into the
7th Addition. It was recommended that the Petition be received and that the
Council order the public hearing to vacate the referenced drainage and utility
easements within Eagandale Center Industrial Park 6th Addition, with the
hearing to be held on Feb. 19,1985 at 7:00 p.m.
7. Contract #84-16 - Change Order No. 3 - Patrick Eagan Trunk Storm
Sewer. It was recommended that the Council approve Change Order No. 3 to
deduct $7,420.01 from Contract #84-16 - Patrick Eagan Park - trunk storm
sewer, and that the Council authorize the Mayor and City Clerk to execute all
related documents.
8. Golden Meadow Road - Streets and Utilities - Protect #418R. It was
recommended that the City Council receive the feasibility report for Project
#418R for Golden Meadow Road streets and utilities and that the Council
schedule the matter for a public hearing to be held March 5, 1985 at 7100 p.m.
at the Eagan Municipal Center.
9. Dakota County Plat No. 1 - Contract #83-6. A request for final
payment for Contract #83-6, Dakota County Plat No. 1, streets and utilities
and Cliff Road sidewalks had been received and it was recommended that the
Council approve the seventh and final payment of $1,867.38 to Austin P. Keller
Construction Co. and that the Council accept all public improvements for
perpetual maintenance.
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February 5, 1985 10. Fire Administration - Parking Lot - Contract #84-5. A request for
final payment had been received from the contractor for the completion of the
parking lot to the Fire Administration Building, and it was recommended that
the City Council approve the fourth and final payment of $3,281.88 for
Contract #84-5 to Independent Curb Contractors, Inc., and that the Council
accept the improvements for perpetual maintenance.
11. Technology Drive - Project 1434. The Developer of CTC Business
Campus Addition has petitioned the City to initiate construction of Technology
Drive, a frontage road to connect Duckwood Drive (Violet Lane) with Englert
Road, adjacent to the I-35E right-of-way, and it was recommended that the
Council receive the Petition and order the preparation of a feasibility report
and plans and specifications for Technology Drive, Project #434.
12. Personnel. It was recommended that Jeff McGuffee be hired as part-
time permanent building and grounds maintenance worker, starting February 11,
1985, and that Scott Morgan be hired as part-time intern for the Parks and
Recreation Department, starting February 11, 1985.
13. Proclamation for Henry Sibley Community Scholarship Program. Mayor
Blomquist had received a request from Henry Sibley High School that the month
of February proclaimed as Henry Sibley Community Scholarship Program month,
and it was recommended that the City Council-proclaim the month of February as
Henry Sibley Community Scholarship Month.
14. City Celebration Committee. It was recommended that Brad Benzik of
the Eagan Optimist Club be appointed to the City Celebration Committee.
15. Joint Powers Agreement with Burnsville for 1985 Traffic Striving. It
was recommended that the City Council approve the 1985 Joint Powers Agreement
with the City of Burnsville for traffic lane striping and that the Mayor and
the City Clerk be authorized to execute all related documents.
Wachter moved, Egan seconded the motion to approve and authorize the
implementation of all of the foregoing consent agenda items. All members
voted in favor.
PILOT KNOB - CURB AT CONSTRUCTION SITE
Mayor Blomquist expressed her concern about safety on Pilot Knob Road near
the I-35E construction area, especially on the southbound lane, immediately
adjacent to the digging. Public Works Director Colbert was requested to
contact the Minnesota Department of Transportation concerning this problem.
RAHN ROAD STREET IMPROVEMENTS - PROJECT #405
Mayor Blomquist convened the public hearing on Project #405 Rahn Road
street improvements. Public Works Director Thomas Colbert reported to the
Council concerning the new public hearing for Project #485 and noted that all
affected property owners had been notified of the public hearing. He made a
slide presentation showing current conditions on Rahn Road, from Beau D'Rue
Drive to Shale Lane. He mentioned that Rahn Road was from 16 to 19 years old
in those areas. He described street deterioration due to poor subgrade
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February 5, 1985',''
resulting in break-up of the road, deteriorating gutters, curbs disintegrating
in places and losing their definition in other places, insufficient catch
basins for storm sewer, and cracking due to aging. He noted that the Public
Works Department has patched to the extent possible, but that the road needs
to be replaced at this point. The road is currently 36 feet wide, and City
staff noted that if it stays at 36 feet, two lanes and one parking lane would
be the maximum use, if it is widened to 40 feet, there would be two through-
lanes and one turn-lane and no parking; at 44 feet there would be two through-
lanes with two parking lanes on each side; and with 48 feet, four through-
lanes would be allowed with no parking, according to Municipal State Aid
standards. Staff proposed that the section from Beau D'Rue Drive to Turquoise
Trail be widened to 40 feet to allow two through-lanes and one left turn lane,
the portion from Turquoise Trail to Diffley Road be 36 feet with two through-
lanes and one parking lane on the west, and with sidewalks on the east and
west, and that the portion from Diffley Road to just south of Shale Lane be
widened to 44 feet to allow two through-lanes, two parking lanes and to
construct a sidewalk on the east side of the road, with a potential
alternative for that section to be the same as the area from Turquoise Trail
to Diffley Lane. Mr. Colbert summarized the proposed assessments as described
in detail in the feasibility report dated October 12, 1984. He stated that
most of the cost of construction would be paid by the City rather than
financed through assessments. The assessment hearing would probably be held
in the Summer of 1986 with assessments due in 1987, payable over a 15 year
period. Construction would probably June through November of 1985, if the
project is approved.
Many members of the public appeared and expressed opposition to the
widening of Rahn Road, including Rick Swanson, Gary Engle, Janet Nelson,
Sharon Stone, Pat Haynes and Jim Coggins. Opposition was expressed to the
widening because it would result in increased traffic speeds on Rahn Road,
because passing lanes are not necessary, because Rahn Road is not safe as it
is for children, because increased pollution would result, because a parking
lane is not necessary, because Nicols Road should be improved instead of Rahn
Road, and because widening would make it more difficult for the aerial fire
truck to park at the fire station on Rahn Road. Mayor Blomquist took a poll
of the audience members who lived south of Diffley and no one in that area
approved of widening that portion of Rahn Road. A resident of Rahn Road,
south of Diffley, questioned why sidewalk was planned for the east side and
not for the west, since children going to Rahn School walk down the west side
of the road. Tom Colbert explained that putting sidewalks down the west side
of the road would eliminate a substantial number of trees and shrubs and would
make property owners unhappy. He also explained that the road would only be
two feet wider adjacent to the fire statement under the proposal, and this
should not prevent the parking of the aerial truck. Mayor Blomquist noted and
Tom Colbert agreed that the portion of Rahn Road, south of Diffley, is not
that bad. Smith suggested a poll concerning improving the road without
widening it, and of the people south of Diffley, all were opposed to improving
the road. On the area north of Diffley, one person wanted the road improved
and 8 persons did not want the road improved. Smith moved, Egan seconded the
motion to close the public hearing and deny the project. All members voted in
favor of the motion.
The meeting was recessed at 8:10 p.m. until 8:20 p.m.
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ROSE HILL ADDITION - PROJECT #403 - FINAL ASSESSMENTS
Mayor Blomquist convened the public hearing relating to the final
assessment roll for Project #403 and Thomas Colbert introduced the assessment
roll and noted that a 5 year spread of assessments at 11% interest was
proposed. There were no comments from the public and no objections. Wachter
moved, Egan seconded the motion to close the public hearing and to approve the
final assessment roll as proposed with a 5 year spread of assessments at 11%
interest. All members voted in favor.
WILLIAMS & LaRUE ADDITION - PROJECT #422
Mayor Blomquist convened the continued hearing regarding Project #422,
Williams & LaRue Addition which had been continued from the November 20, 1984
meeting. Thomas Colbert recommended that the hearing be continued
indefinitely and renoticed when the Rosemount School District has determined
whether the northwest corner of Wescott Road and Lexington Avenue is a viable
site for a proposed elementary school. He mentioned that he should know more
about the status of this within a week or two. Egan moved, Wachter seconded
the motion to continue the public hearing until February 19, 1985 at 7:00 p.m.
and to request staff to contact the school district to determine the status.
All members voted in favor.
WEST SERVICE ROAD - VACATION OF PUBLIC RIGHT-OF-WAY
Mayor Blomquist convened the public hearing concerning the proposed
vacation of public right-of-way of the east one-half of West Service Road,
south of Center Court. It was noted that the west half has already been
vacated. No one appeared in opposition to the vacation. Thomas moved, Smith
seconded the motion to close the public hearing and approve the vacation of
public right-of-way over the east one-half of West Service Road, south of
Center Court, and to authorize the Mayor and City Clerk to execute all related
documents. All voted yes.
PROJECT #317 - CONTINUED FINAL ASSESSMENT HEARINGS
Mayor Blomquist convened the continued final assessment hearings relating
to Blackhawk Road and Project #317. It was noted by Thomas Colbert that at
the original assessment hearing on September 18, 1984, four property owners
had submitted written objections, and that the Council had continued
consideration of the assessments relating to the those properties until a
later date. He stated that the continued public hearings had been noticed by
publication and mailing. He stated that the City has had appraisals done
relating to all four properties by appraiser, Daniel Dwyer, that the proposed
assessments are for assessment at current City rates, subject to a maximum
based upon the appraised benefit to the property resulting from the
improvements.
With regard to the James and Carol Ashworth property, Mr. Colbert stated
that the amount of the original assessment proposed on September 18 was
$18,848.62 and that Daniel Dwyer had determined the benefit to be $11,000.00.
James D. Ashworth appeared and stated that the assessments would be a severe
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February 5, 1985
hardship upon him to pay each month and that as to the remaining matters in
issue, he would rely on the objection previously filed with the City. Member
Egan asked Daniel Dwyer a number of questions concerning his method of
appraisal. Mr. Dwyer indicated that he assumed that the highest and best use
for the Ashworth property was its present use with a single family dwelling,
and that while he attributes to the benefits of the improvements to the land
only, that he did look at the building on the property and determined that
there was no benefit to the building. Councilman Smith stated that $11,000.00
for all assessments was not out of line with the size of the lot and the
improvements made and Councilman Wachter mentioned that his assessments were
$13,000.00. Mr. Dwyer stated that assessments for these types of improvements
run in the $10,000.00 to $15,000.00 range in other communities in the area.
Councilman Egan stated that the Special Assessment Committee didn't recommend
a specific assessment, but did recommend that it be set by the City Council
according to the amount of benefit determined by the City's appraiser, or the
property owner's appraiser, whichever the Council determined to be better.
Egan moved, Wachter seconded the motion to approve the proposed assessment of
$11,000.00 based upon the proposed findings prepared by City staff with the
findings to state also that the assessments will be certified and spread over
15 years at 10 1/2$ interest. All members voted yes.
Robert D. Kruger appeared and stated that he had previously submitted a
letter to the City with regard to his assessments and also mentioned that he
feels he has a claim against the City for damages relating to changes to his
driveway resulting from the improvements. He stated that he could believe the
value of his property has gone up even $22,000.00 as the City's appraiser had
stated. He stated that he has a well and septic systems on both halves of his
property. Councilman Wachter stated that there is a problem with the
driveway, which is now much steeper, but that this is a separate issue from
the assessments. Councilman Egan stated that the Assessment Committee had
recommended to the City Council that it look at any appraisals presented to it
and determine the assessment on that basis. Daniel Dwyer stated that the
property would be worth much more than he determined if it were to tie in with
other property, but he assumed that its highest and best use was to have two
single family dwellings on it, one on the north half and one on the south
half. Smith moved, Egan seconded the motion to approve the proposed
assessment in the amount of $22,000.00 in accordance with the proposed
Findings prepared by City staff, with assessments to be certified and spread
over 15 years at 10 1/2$ interest. All members voted in favor.
Thomas Colbert reviewed the proposed assessments for the Tscherne
property, and stated that the original proposed assessment was $27,124.08, and
that pursuant to the appraisal of Daniel Dwyer, the assessment would be
$17,500.00. Leslie Tscherne appeared and reviewed a letter to the City by the
Tscherne's attorney, Daniel Beeson, which stated that the Tscherne property is
unique in that it is long and narrow, has a swamp, would be very difficult to
develop, and has a home in the middle of it, that the City's appraiser, Daniel
Dwyer, has admitted that the highest and best use is for single family
dwelling, that Mr. Dwyer's appraisal lacked comparable sales to substantiate
it, that the comparables all dealt with raw land for development, that there
were no before and after values on any of the comparable lots, that a State
Supreme Court case had stated that Mr. Dwyer's appraisal technique was not
acceptable. Mrs. Tscherne also stated that they had hired an appraiser who
stated that the benefit to the property was $3,000.00 to $8,000,00, and that
any appraisal must include the land and buildings. Jay Tscherne stated that
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February 5, 1985
the City obtained an easement from the Tschernes based upon land values of
$20,000.00 per acre and that the assessments would require them to pay $300.00
per month for 15 years. Assistant City Attorney Smith indicated that Mr.
Beeson's interpretation of the Minnesota Supreme Court case was subject to
disagreement, and that it did not necessarily apply to this situation or Mr.
Dwyer's appraisal. Mr. Dwyer stated that he did look at the building in
making his appraisal, and that standard appraisal techniques were used. Smith
moved, Thomas seconded the motion to approve the assessment in the amount of
$17,500.00 to be spread over 15 years at 10 1/2% interest with the
understanding that if the owners and the City enter into an agreement within
30 days of February 5, 1985 providing for:
1. The assessment of $11,000.00 now.
2. The assessment of the remainder to be postponed until the earliest of
the following:
a. Development of the property.
b. Rezoning of the property.
c. Sale of the property.
d. Change of use of the property from the current use with one single
famiy residentc to any other use.
e. Or, platting of the property or splitting of the lot, except that
if the lot is sold to a party who does not change the use from the
current use with one single family residence, upon review and
determination by the City Council to that effect, the assessment
shall continue to be postponed until one of the above conditions
is met, then the assessments shall be approved according to such
agreement with the agreement to run with the land.
All members voted in favor.
Thomas Colbert described the assessments with regard to the Darold and
Mavis Holden property and stated that the City's appraiser, Daniel Dwyer had
appraised the benefit as a result of the improvements to be above the initial
proposed assessments of $27,043.37. Darold Holden appeared and stated that
the State of Minnesota had paid him $20,000.00 per acre for his property in
condemnation proceedings with sewer and water in the area, and that his pole
barn on the north portion of his property would have to be removed for the
property to develop as R-3, as it appears in the Comprehensive Guide Plan. He
stated that he accepted less than what the property was worth, and that there
is no benefit from the sewer and water through much of his property.
Councilmember Egan asked about possible ponding credit and Tom Colbert stated
that this would be allowed only if the pond on the back of the Holden property
is necessary for the City's storm sewer system, and if an easement is granted
for ponding purposes. Mayor Blomquist moved, Egan seconded the motion to levy
the full proposed assessments on the two back lots, Parcel 60-05 and 70-05, in
the amount of $711.15 and $1,012.85, and to levy the full amount of the
proposed assessments of $25,319.37 against the remaining Parcel 30-03, all to
be spread over 15 years at 10 1/2$ percent interest, on the condition that if
the City and Mr. Holden enter into an agreement within 30 days of February 5,
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February 5, 1985
1985, $11,000.00 only will be levied on Parcel 30-03 at this time, and the
remainder will be levied only upon the sale or development of the property,
rezoning, lot split, platting, or the issuance of a building permit for a
residence on that property, or if there is a change in the existing use of
that property, except that if the lot is sold to a party who does not change
the use from the current use, upon review and determination by the City
Council to that effect, the assessment shall continue to be postponed until
one of the above conditions is met, then the assessments shall be approved
according to such agreement with the agreement to run with the land. All
members voted yes.
MULTI-FAMILY HOUSING REVENUE BONDS
ROYAL OAKS CIRCLE APARTMENT PROJECT
Mayor Blomquist convened the public hearing relating to the application
for multi-family housing revenue bonds in the amount of $13,365,000.00 for the
Royal Oaks Circle Apartment project, Thomas Hedges reviewed the proposal in
detail and there was considerable discussion concerning the number of
remaining units that the City can allocate to low-income housing for the rest
of the decade under its goals. It was noted that the City's goal is not
binding and that many of the units approved for low-income housing will
probably not be built. Mayor Blomquist stated her concern that the City
should not let the market dictate to the City Council the number of low-income
units which are approved by the City and that a balance of property uses is
necessary. She stated her preference that the City stay within its plan and
not simply approve multi-family housing revenue bonds on a first-come first-
served basis. Councilman Egan stated that while balance is important, the
City cannot dictate balance but only give an opportunity for balance and that
if the property has the proper zoning, the City shouldn't discourage
development by denying such revenue bonds proposals. An Eagan resident near
the proposed apartments stated his desire to see the area stay single family
and also stated that the proposed apartments were not aesthetically pleasing.
Smith moved, Thomas seconded the motion to close the public hearing and
approve the multi-family housing revenue.bonds in the amount of $13,365,000.00
for the Royal Oaks Circle Apartment project as presented by City staff. All
members voted in favor except Wachter who voted in opposition to the motion.
The Mayor stated that she voted in favor of the bonds because while she
believes that it is important to stay within the City's goal of low income
units that this project is still in keeping with the goal.
MULTI-FAMILY HOUSING REVENUE BONDS - LEMAY LAKE 1ST ADDITION
Mayor Blomquist convened the public hearing concerning the application for
multi-family housing revenue bonds for Lemay Lake 1st Addition in the amount
of $13,000,000.00. Thomas Hedges introduced the application and stated that
amount actually recommended for approval is $12,560,000.00, which is 80% of
the appraised value, pursuant to City policy. There were no comments from the
audience. Councilman Smith stated that he thought the plan was a good one and
he moved to close the hearing and approve the multi-family housing revenue
bonds in the amount of $12,560,000.00 for Lemay Lake 1st Addition project as
presented by City staff. Egan seconded the motion. All members voted yes,
except Wachter who voted in opposition. Mayor Blomquist stated that she voted
in favor based upon her feeling that it is important for the City to keep
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February 5, 1985
within its goal and to provide balance for the City and that she feels that
this project is still in keeping with the goal and with balanced development.
Councilmember Smith noted that only 20% of the units in projects funded by
multi-family housing revenue bonds must be reserved for low or moderate income
housing and that it would be unlikely for 100% of the units to be used for low
or moderate income persons. Councilmembers Wachter agreed but noted that all
units still get the reduced rate.
A recess was taken at 10:20 p.m. until 10:30 p.m.
STREET NAME CHANCES - EAST BLUE GENTIAN ROAD,
VIOLET LANE, ENGLERT ROAD
Thomas Colbert introduced the proposal to change three street names and
stated that the reason for the proposal is that I-35E construction will sever
these three roads, and to avoid confusion due to the separation of the roads,
it would be best to give the roads different names on each side where they
separate. He stated that the Minnesota Department of Transportation did not
object to the name changes but that a $500.00 fee would be required for the
State to change signs for East Blue Gentian Road which had already been
prepared. Mary O'Neill appeared in support of the proposal to change the name
of East Blue Gentian Road to O'Neill Drive, and she mentioned a letter of
support from a number of adjoining property owners. It was noted that the
request is for a change of East Blue Gentian Road to O'Neill Drive, not
O'Neill Road. It was proposed that Violet Lane be changed to Duckwood Drive,
east of I-35E and that Englert Road is proposed to be changed to Blackhawk
Hills Road, west of I-35E. It was mentioned that the post office will carry
both designations for 12 months. Thomas Colbert also stated that Inver Grove
Heights did not object to the name change relating to East Blue Gentian Road.
Smith moved, Thomas seconded the motion to close the public hearing and to
approve the name change of East Blue Gentian Road to O'Neill Drive, the name
of Violet Lane, east of I-35E to Duckwood Drive, and the change of name of
Englert Road to Blackhawk Hills Road, west of I-35E. All members voted yea.
THOMAS LAKE HEIGHTS 2ND ADDITION - FINAL PLAT
Thomas Hedges and Thomas Colbert discussed the proposed final plat and
noted that the roads were the same as in the original proposal, not as in the
revised proposal that the Council had previously expressed concerns about.
Wachter moved, Thomas seconded the motion to approve the final plat of Thomas
Lake Heights 2nd Addition and authorize the Mayor and City Clerk to execute
all related documents. All members voted yes.
R 85-4
EAGAN WOODS OFFICE PARK - PRELIMINARY PLAT & CONDITIONAL USE PERMIT
Mayor Blomquist convened the public hearing with regard to the application
of Trammell Crow Company for preliminary plat approval of Eagan Woods Office
Park and for a conditional use permit to allow a 4 story office building on
Lot 1, Block 1, Eagan Woods Office Park. Thomas Hedges reviewed the proposal
and stated that the preliminary plat had been considered at the December 20,
1984 Advisory Planning Commission meeting and at that time the commission had
recommended approval subject to a number of conditions, and that the developer
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February 5, 1985
had requested a continuance of the hearing before the City Council before the
City Council so that the Advisory Planning Commission could consider the
application for conditional use permit at the January 20, 1985 meeting. The
Advisory Planning Commission had recommended approval of the conditional use
permit. Dale Runkle explained the proposal and stated that there is no change
in the planned development concept plan from the original proposal of Amcon.
He stated that the preliminary plat proposal is for one lot and two outlots
with a four-story office building with 72,000 square feet to be built on one
lot. He stated that 360 parking spaces are required by ordinance and that the
proposal is for 280 parking spaces with a proof of parking exhibit tobe filed
showing that 72 additional spaces could be added if required by the City. He
mentioned that this is a heavily wooded area and that the development attempts
to save as many trees as possible and that if more parking is required, less
trees would be saved. He stated that the proposal is for 9 foot wide office
stalls because this is an office site. The applicant was present. Mr. Runkle
stated that if more parking is requested by the City in future years, the
development agreement would require that the developer construct those. He
stated that there is pondinq at the bottom of the ravine for the purpose of
reducing the flow down the ravine. Wachter moved, Egan.se.conded the motion to
close the public hearing and approve the preliminary plat for Eagan Woods
Office Park and the conditional use permit to allow a four-story office
building on Lot 1, Block 1, of Eagan Woods Office Park, subject to the
following conditions:
1. A Planned Development Agreement shall be entered into for the overall
plan as submitted with the planning report for the project.
2. An architectural design shall be established by the developer and
reviewed by City staff in order that all of the buildings will have a common
architectural theme.
3. Acoustical treatment shall be provided within the building in order to
minimize any noise impact on this site from the planes overhead or I-494 to
the north.
4. The Planned Development shall continue for a maximum of five years and
a determination should be made that either the PD include the height of the
building to allow 4 stories or separate conditional use permit shall be
required for each building.
5. The plat shall be reviewed and subject to MnDOT's and Dakota County
Plat Commission's requirements because the plat abuts state and county right-
of-way.
6. The building shall be designed to take into account the Fire
Department criteria regarding the four story building. It shall meet all of
the criteria of a conditional use permit to exceed the maximum allowable
height in a commercial district.
7. A detailed lighting and landscape plan shall be submitted and a
landscape bond approved by the City shall be required and not released until
one year after the landscaping has been completed and approved by the City.
8. The plat shall be subject to the city park dedication fee requirements
for commercially platted land at the time of approval of each final plat.
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Council Minutes
February 5, 1985
9. Only 280 parking spaces will be required at the time of the initial
phase but up to an additional 72 spaces shall be provided and promptly
installed by the developer or owner when requested by the City.
10. Detailed plans and specifications for the reinforced earth retaining
walls shall be submitted for review and approved by the City staff.
11. Calculations used to determine storm water ponding area shall be
submitted for review and approval by the City staff.
12. This development shall be responsible for all costs associated with
obtaining the necessary MWCC permits and shall abide by MWCC requirements
related to these permits.
13. A public improvement project for streets and utilities shall be
approved by the City Council, including the storm sewer outfall to the
Minnesota River Valley, if necessary.
14. A minimum 50 foot right-of-way shall be dedicated for Eagan Woods
Drive with the understanding there will be minimum 20 foot setbacks.
15. This development shall be responsible for obtaining the necessary
easement at its cost for Eagan Wood Blvd.. from parcel 01-00400-060-02.
16. This development shall be responsible for all costs associated with
obtaining the necessary MnDOT permits to work within MnDOT right-of-way.
17. This development shall be responsible for trunk related assessments
for trunk area water upgrading, trunk area storm sewer and lateral benefit
from trunk sanitary sewer at the rates in effect at the time of final
platting.
18. This development shall assume full responsibility for all costs of
public improvements for streets, sanitary sewer, watermain and internal storm
sewer.
19. All other applicable City Code and policy requirements shall be
complied with by the developer.
20. 9 by 20 foot and 9 by 18 foot parking spaces shall be allowed at the
discretion of City staff with 6 handicapped and 12 visitor spaces of 10 feet
by 20 feet each.
All members voted in favor.
SEE PLAT FILE
PROJECT ;435 - FEASIBILITY STUDY
Attorney Robert Hoffman appeared on behalf of the developer of Eagan Woods
Office Park and requested the City Council to order a feasibility study for
roadway purposes for Eagan Woods Office Park. Egan moved, Wachter seconded
the motion to order a feasibility study for Project #435, streets to Eagan
Woods Office Park, subject to a written guaranty by the developer of costs
relating to the preparation of the feasibility study. All members voted in
favor.
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Council Minutes
February 5, 1985
TOWN CENTRE 100 1ST ADDITION - PRELIMINARY PLAT
CONDITIONAL USE PERMIT AND VARIANCE
Mayor Blomquist convened the public hearing concerning the application of
Federal Land Company for preliminary plat approval of Town Centre 100 1st
Addition consisting of two commercial lots and six outlots on approximately
100 acres, for a conditional use permit to allow a 10-story office building as
part of Town Centre 100 1st Addition, and for a variance to allow 9 foot by 18
foot parking stall dimensions for office parking lot for Lot 1, Block 1, Town
Centre 100 1st Addition, located at the southwest corner of Yankee Doodle Road
and Lexington Avenue. Thomas Hedges stated that the applications had been
heard by the Advisory Planning Commission on January 22, 1985, and that all
three applications had been recommended for approval subject to conditions.
Dale Runkle described the applications and noted that the application is
consistent with the planned development concept plan. He also stated that Lot
1, Block 2 had been shifted from the southeast corner of the proposed plat to
the southwest corner of Lexington Avenue and the proposed internal street. He
stated that the 10-story office building is proposed to be 106,000 square feet
and that there is concern about the lining up of access in this proposed plat
and the property to the north. He stated that it will probably be necessary
to shift the proposed access to Lot 1, Block 1, Town Centre 100 1st Addition
to the west about 150 feet. He stated that it's possible that proposed access
to the north could be moved somewhat to the east to reduce the amount that the
south access would need to be moved. He stated that there is also an issue
concerning parking, as the Advisory Planning Commission had recommended 472
parking spaces and that if needed, additional parking would be provided in
this plat at the time of additional development. He stated that storm sewer
is also still an issue. Attorney Charles Bartholdi appeared on behalf of the
applicant, Federal Land Company, and stated that Martin Colon, one of the
owners of Federal Land Company, Ronald Krank, the architect for the proposal,
and James Benshoof, a traffic engineer, were also present. Mr. Krank
mentioned that the building had been located on a knoll and 50 feet from a
pond in order to be a central focus of the commercial development. He
discussed the importance to the developer of having the entrance to the
building situated to make the building the center of attention as motor
vehicles approach the site along the driveway. He stated that there will be a
10 foot median for the driveway, the building will be constructed using
limestone panels and solar tinted glass, and that there will be a two-story
entrance with an atrium. He stated that the property to the north could
accommodate the proposed access with a slight turning of access to the north
and with some fill in the steep slopes to the north. Martin Colon stated that
this is a $10,000,000.00 project and that Federal Land Company has to excavate
14 feet below floor level in order to construct the building. He stated that
access was central to the design and that $25,000.00 to $30,000.00 had been
spent just for soil correction. He stated that his belief that the people to
the north can accommodate the proposed access by doing some filling and
excavating, and that that work is minor compared to the cost of changing
Federal Land Company's access. Thomas Colbert stated that he disagreed that
the filling and excavating to the north of Yankee Doodle Road would be minor
and that City staff has an obligation to insure that both sides of Yankee
Doodle Road have adequate access. He also stated that considerable fill would
be required to the north of Yankee Doodle Road at the expense of mature tree
growth to line up the accesses if the access to the south is not moved to the
west. He suggested that both property owners make some movement. The Mayor
stated that such details should be worked out at the staff level. Member
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Council Minutes
February 5, 1985
Wachter stated his concern that 10 foot parking spaces are necessary. Dale
Runkle stated that the Police and Fire Departments have reviewed and accepted
the proposal. Mr. Krank stated that the applicant is proposing 9 foot by 18
foot parking stalls with 62 foot depth and 26 foot wide isles, and he also
stated that the wide isle proposed would allow for 9 foot parking space better
than narrow isles would. Martin Colon stated that he would rather have a
median down the center of Yankee Doodle Road with no left turn access to the
proposed building than change the access to the proposed building.
Councilmember Smith asked the applicant whether it would be possible to curve
the north part of the proposed drivewayso as to still allow the south part of
the drive to face the building. Martin Colon stated that Federal Land Company
is already spending a half a million dollars for grading and that moving the
south access would only save property owner to the north $5,000.00 to
$10,000.00. Egan moved, Wachter seconded the motion to close the public
hearing and approve the preliminary plat of Town Center 100 1st Addition
consisting of two commercial lots and six outlots on approximately 100 acres,
subject to the requirement that all storm sewer and access questions will be
resolved at the staff level, prior to final platting, and subject to the
following conditions:
1. The Day Care Center shall be served by an internal street and not
exist as an isolated lot with direct access to Lexington Avenue.
2. Access from Yankee Doodle Road to Lot 1, Block 1, shall be approved by
the City Engineering Department and Dakota County, prior to approval of this
plat, and this shall be coordinated with access expected to be approved to the
property to the north.
3. A planned development agreement shall be executed between the
developer and the City in order to finalize the planned development zoning
before this preliminary plat is approved.
4. The park dedication requirements shall be met as a condition of
approval of the preliminary plat, as clarified by the Park Director, Ken Vraa,
as they relate to DeBoer Park, and as finally approved by the City Council.
5. A determination shall be made by the City Council about the
requirement for sidewalks along internal streets as a part of the approval of
the preliminary plat.
6. The conditions from the July 20, 1982 Planned Development zoning by
the City shall be met as a condition of approval of the preliminary plat.
7. Street names shall be provided for the internal streets and approved
by the City Council as a part of the approval of the preliminary plat.
8. The ponding easement for Pond DP-5 shall be obtained as a
responsibility of this development.
9. Pond DP-23 shall be graded to provide a minimum of 8 acre feet storage
volume and a ponding easement to encompass the high water elevation shall be
provided as a responsibility of this development.
10. An eight foot trailway shall be constructed along the east, north and
west borders of this proposed development.
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Council Minutes
February 5, 1985
\ s ,
11. A minimum 70 foot full right-of-way shall be dedicated for the
internal public streets with a 40 foot half right-of-way dedicated for Denmark
Avenue, a 75 foot half right-of-way dedicated for Yankee Doodle Road, and a 55
foot half right-of-way dedicated for Lexington Avenue.
12. A 20 foot utility easement shall be dedicated over the existing
sanitary sewer.
13. A ponding easement for Pond DP-4 shall be obtained as a
responsibility of this development.
14. The westetlk half 40 right-of-way for Denmark Avenue shall be
obtained as a responsibility of this development.
15. The approval of the plan with 474 parking stalls is made subject to
the conditions that the building will only be used for general office, and
that additional parking stalls will be added to the property if necessary,
upon request by the City when additional phases of development are approved,
and with the further condition that there must be proof that the first phase
of development will accommodate the additional parking necessary to meet the
ordinance criteria for parking.
All voted in favor.
There was further discussion concerning park dedication, and Thomas Hedges
stated that while the details are still to be worked out concerning land and
cash park development, the park developer feels good about the proposal. and
that it allows for connection to DeBoer Park to the south. There was further
discussion concerning storm sewer requirements, and it was noted that the
original PUD agreement did not discuss storm sewer. Consulting Engineer,
Robert Rosene, stated that this plan does not change any of the original storm
sewer plan, except in a very minor way, and Thomas Colbert stated that the
only reason for the changes is that the Master Storm Sewer Plan cannot be as
exacting as storm sewer plans must be upon development. Thomas Colbert noted
that he is in the process of calculating the proposed responsibility of
Federal Land Company for storm sewer in the area, and that it is hoped that
storm sewer requirements can be finalized in the near future. Martin Colon
stated that Federal Land Company would like to start construction on March 1,
and if necessary, it would propose temporary ponding on the east portion of
the 100 acres for the first building. Thomas Colbert stated that it is
unlikely that the City could obtain an easement from the O'Neill property
within 30 days, and that if an easement can't be obtained, the City would have
to condemn in order to provide for ponding to the north of the proposed plat.
Thomas Hedges stated that in order to allow a start on March 1, the City would
have to be very rigid in an agreement with the developer concerning ponding.
He stated that if there is condemnation, certain concessions would be required
from the developer, and Mr. Colon responded that Federal Land would pay for
the condemnation if it is reimbursed when the rest of the area is developed.
Mr. Hedges stated that such an agreement should be a condition of final plat
approval. Member Smith stated and member Wachter agreed that this is an
important issue and that the City probably would not allow a building permit
until final plat approval.
Egan moved, Thomas seconded the motion to approve the conditional use
permit to allow a 10-story office building on Lot 1, Block 1, Town Centre 100
1st Addition. All members voted in favor.
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Council Minutes
February 5, 1985'.'
Smith moved, Thomas seconded the motion to allow a 9 foot by 18 foot
parking stall dimension for an office parking lot for Lot 1, Block 1, Town
Centre 100 1st Addition with double loaded parking stalls to be at least 62
feet in depth and single loaded stalls to be at least 45 feet in depth. All
members voted yes, except Wachter who voted no.
SEE PLAT FILE
TOWN CENTER 70 - PRELIMINARY PLAT
Mayor Blomquist convened the hearing concerning the application of Federal
Land Company for preliminary plat approval of Town Centre 70 consisting of one
commercial lot and two outlots on approximately 70 acres, located in part of
the northwest quarter of Section 15, southeast of the intersection of Pilot
Knob Road and Yankee Doodle Road. Thomas Hedges introduced the application
and recommended that as an additional condition, approval be subject to final
review and approval of the preliminary plat by the Park Committee. He stated
that the Advisory Planning Commission had recommended approval, subject to a
number of conditions. Dale Runkle explained the application and noted that
the road to the northwest of the plat will be realigned as necessary if the
applicant cannot obtain from the Minnesota Department of Transportation the
necessary property to allow for the 60 foot right-of-way. Martin Colon
appeared on behalf of the applicant and stated that the State will allow
Federal Land Company to use state property for boulevard and will move the
fence as necessary, and that the street issue with the State has been
resolved. Charles Bartholdi appeared on behalf of the applicant, and
recommended a change to condition 5 of the Advisory Planning Commission
minutes to refer to the requirement that the overall plan be reviewed by the
Planning Commission and Council prior to the commencement of any construction
on the property, other than "site grading and grading for peripheral street
and utilities" rather than as worded by the Advisory Planning Commission.
Egan moved, Thomas seconded the motion to close the public hearing and approve
the preliminary plat of Town Centre 70, subject to the following conditions:
1. The preliminary plat shall be subject to final review by the Park
Committee.
2. Additional dedication for a minimum 60 foot right-of-way shall be
obtained for the "loop" street from MnDOT or in the alternative, the "loop"
street shall be relocated so that a minimum 60 foot right-of-way is platted.
3. Approval of the plat shall be subject to the approval of the Dakota
County Plat Committee.
4. Outlots "A" and "B" shall be subject to re-platting prior to
development.
5. Park dedication requirements shall be satisfied as determined by the
City Council prior to the filing of the final plat.
6. An overall plan for the retail shopping center shall be reviewed by
the Planning Commission and approved by the City Council in accordance with
Section 11.20, Subdivision 12 of the Zoning Ordinance prior to the
commencement of any construction on the property other than site grading and
grading for peripheral streets or utilities.
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Council Minutes
February 5, 1985
7. A pedestrian circulation plan shall be approved by the City Council
prior to the filing of the final plat.
8. Grading shall be accomplished so as to minimize the.amount of storm
sewer water runoff to the ponding area at the northwest corner of Duckwood and
Denmark.
9. An 8.1 acre feet storm water storage area shall be required in the
vicinity of the Denmark and Duckwood street intersection.
10. Denmark Avenue and Duckwood Drive shall be 52 feet wide and remaining
public streets shall be 40 feet wide.
11. A 40 foot public half right-of-way shall be dedicated for both
Denmark and Duckwood streets with a 70 foot full public right-of-way dedicated
for the internal street.
12. This development shall be responsible for obtaining the following
easements:
a. Roadway easement for east 40 foot half right-of-way for Denmark
Avenue.
b. Roadway easement for south 40 foot half right-of-way for Duckwood
Drive.
c. Roadway easement for proposed public street right-of-way encroaching
upon MnDOT I-35E right-of-way.
d. Ponding and utility easement encompassing 880 elevation for 8.1 acre
foot storm water runoff volume.
e. Ponding easement over Mr. Applebaum's property south of the proposed
Duckwood Drive.
13. Final plat approval shall not be granted until the City obtains
necessary ponding and utility easements for Pond DP-4.
14. This development shall be responsible for the trunk area storm sewer
assessments at the rates in effect at the time of final platting.
15. An 8 foot trailway shall be installed along the north side of Duckwood
Drive.
16. No more than 200,000 square feet of development shall be started until
after an environmental assessment worksheet has been completed and an indirect
source permit has been obtained.
All members voted in favor.
SEE PLAT FILE
CEDAR CLIFF COMMERCIAL PARK - DRIVE-UP BANK FACILITY
Mayor Blomquist convened the public hearing concerning the application of
Federal Land Company for two conditional use permits to allow a drive-up bank
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Council Minutes
February 5, 1985
facility and pylon sign on Lot 2, Block 2, Cedar Cliff Commercial Park,
Section 30, at the northwest corner of Scott Trail and Cliff Road. Dale
Runkle stated that there has been some change in the proposed bank facility
from the original proposal, and Martin Colon appeared on behalf of Federal
Land Company and stated that the proposed bank would be the Dakota County
State Bank. Eagan resident, Steve Darling, appeared and stated that the bank
would detract from the neighborhood shopping center and that a drive-up bank
would cause confusion and traffic problems. He also stated that the proposed
sign is in the direct line of sight of the neighborhood and that there are too
many signs in the neighborhood already. He further stated his concern about
the brightness of lights in the back and the failure of the developer to use
down-type of lights. Mayor Blomquist directed City staff to look into the
lights and make sure that that problem is corrected. Mayor Blomquist stated
that the sign meets the sign ordinance and member Wachter stated that it's
hard to deny the proposal when it meets the City Code. Egan moved, Wachter
seconded the motion to close the public hearing and to approve the conditional
use permit for a drive-in bank facility, subject to the following conditions:
1. Five 10-foot parking stalls shall be provided on site.
2. The western entrance drive shall be increased to 24 feet in width.
3. Concrete curbs and landscaped islands shall be provided along the
western property line.
All members voted in favor.
Member Smith stated that the sign ordinance allows only one sign in a
shopping center on a major road, and that since the bank is part of the
shopping center, an additional sign on Cliff Road cannot be allowed. Egan
then moved, Thomas seconded the motion to approve the conditional use permit
to allow a pylon sign for the drive-up bank facility on Lot 2, Block 2, Cedar
Cliff Commercial Park, subject to an opinion from the staff legal consultant
that the proposal meets the sign ordinance requirement as it relates to the
question of whether the bank is part of the shopping center, or is a separate
facility. The approval was subject to the following conditions:
1. The pylon sign construction shall be the same as the existing Cedar
Cliff sign.
2. The pylon sign shall be located a minimum of 10 feet from any property
line and shall not obstruct drivers' vision.
3. The sign shall be no more than 20 feet in height and shall not exceed
70 square feet in sign area.
All members voted in favor except Smith, who voted no.
SOLICITORS LICENSES
It was noted that at the July 2, 1984 City Council meeting, the City
Council directed that no one be allowed to solicit within the City either on a
door-to-door basis or by parking at a specified location. City staff noted
that this would restrict a number of non-profit groups from canvassing the
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Council Minutes
February 5, 1985
tiJ
community. Councilmember Smith stated that City Attorney Hauge in the past
has researched this issue and determined that door-to-door solicitation cannot
be prohibited but can be regulated through licensing. Smith moved, Wachter
seconded the motion to rescind the portion of the minutes of July 2, 1984
relating to door-to-door solicitation, but that the portion relating to
parking in a specified location should remain. All members voted in favor.
1984 BUDGET REVISION
City Administrator Hedges reviewed the 1984 budget revisions and stated
that the final amount has not changed from previous authorizations, but that
the adjustments are proposed only to bring the official budget in line with
previously authorized expenditures which did not formally amend the budget
during 1984. It was noted that the final amount of the budget was the same as
was proposed for 1984, but that certain items of specific expenditure were
moved from the contingency budget to other budgets and that revenues will
still exceed expenditures. Egan moved, Wachter seconded. thee motion to approve
the 1984 budget adjustments proposed in the staff memorandum dated January 28,
1985. All members voted in favor.
CONTRACT #84-10 - SUPPLEMENTAL AGREEMENT NO. 1 & 2
Member Wachter asked why the two proposed change orders were not in the
original contract, and Public Works Director Colbert stated that it was
impossible to anticipate at the time of the signing of the contract that these
items would be problems during construction. Wachter moved, Egan seconded the
motion to approve Supplemental Agreements 1 and 2 to City Contract #84-10,
Coachman Road, and to authorize the Mayor and City Clerk to execute all
related documents. All members voted in favor.
PROJECT #430 - S & W INDUSTRIAL ACRES - FEASIBILITY REPORT
It was explained that this feasibility report is the one relating to the
expanded Project #430. Smith moved, Thomas seconded the motion to receive the
feasibility report for Project #430, S & W Acres streets and utilities, and to
order the public hearing to be held on March 5, 1985 at 7:00 p.m. at the Eagan
Municipal Center. All members voted in favor.
TOUR OF CAN-AMERICAN PROPERTY
Thomas Hedges reported that Mark Parranto would like to reschedule the
proposed tour of the Can-American property from February 21 to February 28,
1985. Member Smith stated that he was unable to make it on the 28th. Mayor
Blomquist moved, Egan seconded the motion to have the Public Works Committee
consisting of members Smith and Wachter, meet with Mark Parranto to review the
Can-American property. All members voted in favor.
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Council Minutes
February 5, 1985
125TH YEAR CELEBRATION
Councilmember Wachter reported that three committees have been established
for the celebration, the History Committee headed by Reverend Loren Nelson,
the Tree Committee headed by Richard Bertz, and the Celebration Committee
headed by Larry Wenzel. He recommended that the City give some financial help
to the committees, and it was suggested that they develop a budget and submit
it to the Council. No action was taken.
CHECKLIST
Blomquist moved, Smith seconded the motion to approve the checklist dated
February 4 in the amount of $ 155, 632 .62 All voted in
favor. February 5 .29
ADJOURNMENT
Wachter moved, Egan seconded the motion to adjourn the meeting. The
meeting adjourned at 1:00 a.m. All voted in favor.
BS
City rk
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