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12/03/1985 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 3, 1985 A regular meeting of the Eagan City Council was held on Tuesday, December 3, 1985 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges; City Planner Runkle, Consulting Engineers Bob Rosene and Mark Hansen, Public Works Director Colbert, and City Attorney Hauge. AGENDA Thomas moved, Wachter seconded the motion to approve the Agenda as distributed. All voted yea. MINUTES November 19, 1985 - Regular City Council Meeting. Egan moved, Wachter seconded the motion to approve the minutes with the exception that on page 5, relating to Town Centre 70 2nd Addition, Preliminary Plat, the motion was that Egan moved, Wachter seconded the motion to continue the application for preliminary plat approval and refer the application to the Advisory Planning Commission at its regular November 1985 meeting for review and recommendation to the City Council, to be considered at the December 3, 1985 Council meeting for final review. All members voted yes. November 12, 1985 - Joint APC and Council Meeting and November 21, 1985 - Special Council Meeting. Thomas moved, Wachter seconded the motion to approve the foregoing minutes. All voted in favor. POLICE DEPARTMENT City Administrator Tom Hedges reported a recommendation of the Police Department that the Council authorize the purchase of 7 police vehicles from the Hennepin County Joint Purchasing Unit to be acquired from budgeted funds for fiscal year 1986. Smith moved, Thomas seconded the motion to approve the recommendation and authorize its implementation. All voted yea. METROPOLITAN COUNCIL REPRESENTATIVE - MARY MARTIN Mary Martin, the area Metro Council Representative had intended to be present at the meeting but indicated that she was unable to be present. Council Minutes December 3, 1985 ADVISORY PARKS & RECREATION COMMISSION Representatives of the Minnesota Recreation and Park Association were present to confer the annual MRPA awards on Chairman Roger Martin of the Advisory Park Commission, and Carolyn Thurston, Vice-Chair. Both Mr. Martin and Ms. Thurston were present, and congratulations were extended by the City Council. CONSENT AGENDA Upon recommendation of the staff, the following consent agenda items were presented and recommended for approval. 1. Contractor's Licenses. A schedule of contractor's license applications was submitted to the City Council and it was recommended that the applications be approved. 2. City Project #85-24 - Change Order #1. Change Order #1 in the amount of $1,745.00 for Project #85-24 to People's Electric Contractors was recommended to be approved. 3. Cooperative Purchase Agreement for City Vehicles. Five automobiles were approved in the 1986 budget for use as City pool cars by departments located at the City Hall and it was recommended that the Council authorize the purchase of five vehicles for the City of Eagan, through the Hennepin County Cooperative Purchasing Agreement from Viking Chevrolet, in the amount of $9,958.00 for each vehicle. 4. Deerwood Drive - Project #455 - Feasibility Report. The feasibility report for the upgrading of Deerwood Drive from Pilot Knob Road to I-35E under Project #455 was presented and it was recommended that the Council receive the report and schedule a public hearing for January 21, 1986 at the Eagan Municipal Center at 7:00 p.m. 5. 1985 Seal Coating - Project #85-17 - Final Payment. The staff recommended that final payment to Allied Blacktop for Contract #85-17 consisting of the 1985 sealcoating contract, in the sum of $5,642.67, be approved and the project be accepted for perpetual maintenance. 6. Wells #8 and #9 - Project #457. City Public Works Director Tom Colbert and City Attorney Paul Hauge, had negotiated with Richard Asp of Royal Oaks Limited Partnership for the acquisition of a site for Wells #8 and #9 with the payment of $4,000.00 for the permanent easement. The acquisition would consist of 0.49 acres permanent easement, and 0.25 acres temporary easement, and it was recommended that the Council approve the acquisition under Project #457. Council Minutes December 3, 1985 7. 1984 Sealcoating - Project #84-6 - Final Payment. The final payment request for Contract #84-6 consisting of the 1984 seal coating project was presented, and it was recommended that the Council approve the second and final payment under the Contract consisting of a $3,211.77 deduct, to be applied to the final payment for Contract #85-17 and that the Council accept the project permanently. 8. Royal Oak Circle - Final Plat. The application of Asp Construction Company, Inc. for final plat approval of Royal Oak Circle 2nd Addition, was presented and recommended for approval, subject to compliance with all City requirements. R 85-77 9. Lexington Square 2nd Addition - Final Plat. The application of Meritor Development Co. for final plat approval of Lexington Square 2nd Addition was presented to the City Council and staff recommended approval, subject to compliance with City ordinance requirements. R 85-78 10. Blue Gentian Road - Vacation of Public Right-of-Way. A petition was received for vacation of a portion of Blue Gentian Road, lying west of Trunk Highway #149, relocated due to 1-494 and it was recommended that the petition be received, and a vacation hearing be scheduled before the City Council on January 7, 1986 at 7:00 p.m. at the City Municipal Center. 11. Golden Meadow Road - Final Payment - Contract #85-6. The final payment request for Contract #85-6 consisting of Golden Meadow Road streets and utilities had been submitted and it was recommended that the final payment of $14,084.73 to Ceca Utilities, Inc. be approved, and the project be accepted perpetually. Egan moved, Smith seconded the motion to approve the foregoing consent agenda items and direct the staff to implement the projects. All voted in favor. HOUSING POLICY REPORT - PUBLIC HEARING Mayor Bea Blomquist convened the public hearing concerning the proposed housing project report of the Dakota County Housing and Redevelopment Authority. Mark Ulfers of the Dakota County HRA was present and Tom Hedges and Mr. Ulfers discussed the proposal with the City Council. A public hearing is required before the City Council to consider the report, with the intent to issue qualified mortgage bonds and mortgage credit certificates to the greatest extent feasible to assist lower income families in affording home ownership before assisting higher income families. It appeared that the HRA is in compliance with the requirements of the Internal Revenue Code. There was discussion concerning a past housing bond issue for the City for low and middle income families, and Mr. Ulfers estimated that 130 to 140 homes would be expected to be financed under the $10,000,000.00 project. State guidelines will be adhered to under the proposal. Smith moved, Thomas seconded the motion to close the hearing, to certify the Dakota County HRA's conformance with the intent of its policy report. All voted affirmatively. Council Minutes December 3, 1985 $10,000,000.00 REVENUE BOND HOMEBUYER PROGRAM The next public hearing convened by the Mayor concerned the proposed issuance of $10,000,000.00 in revenue bonds for first-time home buyers. The City has been given an opportunity, according to Mr. Hedges, through the Dakota County HRA, to provide mortgage money to first-time home buyers that are lower than market rate. Both Mr. Ulfers and Mr. Hedges discussed the project and noted that the money would be available city-wide and not committed to specific builders. It would be granted on a first-come, first- serve basis, for qualified borrowers and loans could be assumed by another first-time home buyer. The maximum purchase price would be $108,240.00 according to IRS guidelines. After discussion, Smith moved, Thomas seconded the motion to close the hearing and to approve the issuance of $10,000,000.00 in revenue bonds for first-time home buyers. There were no objections and all voted in favor. ROYAL OAK CIRCLE PROJECT - $12,580,000.00 BONDS The public hearing regarding the final resolution for the issuance of $12,580,000.00 multi-family housing revenue bonds for Royal Oak Circle Project came next to the Council. An application had been submitted for the bonds and Mr. Hedges noted that a final resolution does not normally require a public hearing; however, the applicant has requested an increase in housing revenue bonds from $11,440,000.00 to the $12,580,000.00 level. Marcia Cohodes of Miller & Schroeder, was present as well as Richard Asp, the developer. Ms. Cohodes noted that there has been a revision in the appraisal value and also an increase in the amount the lender is willing to lend toward the project. There being no objection, Egan moved, Smith seconded the motion to close the public hearing and to authorize the final resolution for the issuance of the bonds as requested. All voted in favor. ASHBURY ROAD - PROJECT #454 The public hearing regarding street improvements for Ashbury Road street and utility improvements for Project #454 was convened by the Mayor. Tom Colbert introduced the project and Mark Hansen of the Bonestroo, Rosene, Anderlik firm detailed the feasibility report dated October 15, 1985. George Bohlig of Associated Families was present and questioned whether the level of the interior pond could be maintained at a higher than proposed level. There was discussion concerning the level of the ponds and the need to maintain several- holding ponds at fixed levels and to minimize the size of the storm sewer outflow pipes. There were also questions about the assessments and it was noted that Ashbury Road will not be a through-collector street. After considerable discussion, Wachter moved, Egan seconded the motion to close the hearing, to approve the project and to authorize the preparation of detailed plans and specifications. All voted yes. Council Minutes December 3, 1985 O'NEIL POND - PROJECT #443 The next public hearing convened by the Mayor consisted of the trunk storm sewer outlet under Project #443 on the O'Neil property, north of Yankee Doodle Road. Mr. Colbert briefly reviewed the proposal and Mark Hansen explained the report dated October 23, 1985. He discussed the lift station from Pond DP-5 and the assessment area proposed. Stanley Ketchum submitted a letter objecting to the assessments. There were no other objections from members of the audience present, and after detailed review, Egan moved, Smith seconded the motion to close the hearing, to order in the project and authorize the consulting engineer to prepare the detailed plans and specifications. All councilmembers voted affirmatively. WILLIAMS & LaRUE 1st & 2nd ADDITIONS - PROJECT #450 The hearing regarding the sanitary sewer installation for Project #450 in the Williams & LaRue 1st and 2nd Additions area was convened by the Mayor. Tom Colbert and Mark Hansen discussed the details of the project and a number of affected property owners were present. Tom Westbrook stated that if Segment I benefits his property to the north, that Parcel ID # 030-53 should also be assessed for benefits. Dale LaRue was present and suggested the assessments commence in 1988 rather than 1987 and Mr. Colbert indicated that that would depend upon completion time of the project. Jim Williams, owner of Lot 2 in the subdivision, was concerned about the easements running through the rear yard area. Easements will be required from property owners in the vicinity and it was noted that unless the easements are acquired, the Council would not authorize the commencement of the project. After extended discussion, Thomas moved, Wachter seconded the motion to close the hearing, to order in the project and authorize the preparation of detailed plans and specifications with the understanding that all easements will be acquired before the contractor will be allowed to commence construction. All voted yes. PONDS LP55 & LP55A - PROJECT #448R - STORM SEWER OUTLET The public hearing regarding Project #448R consisting of pond outlets from LP55 and LP55A was convened by Mayor Blomquist. Mark Hansen and Tom Colbert explained in great detail the three alternate proposals for the project and noted that meetings had been held with neighboring property owners without consensus as to utilization of any specific option. They noted that it is a very difficult project and the affected owners have varying interests regarding the outlets. A number of the affected neighboring owners were present including Fred Budde who had concerns about the level of Pond LP55A. Also, Dick Carroll objected to further assessments, noting that a commitment had been made by City Engineer Bob Rosene in 1979 that no further storm sewer assessments would be levied against the property in the immediate vicinity. Dick Ney also objected to the assessments and stated that there had been a long history of excessive water in Pond LP55A and suggested revising the proposed location of the storm sewer line. He was concerned about tearing up the terrain and tree removal in the immediate area. Mr. and Mrs. Sibley and Mr. and Mrs. Klingebiel were present and also objected to the assessments proposed to be levied against their parcels 016-52 and 015-52. Council Minutes December 3, 1985 1}~; Councilman Wachter suggested that a tentative layout of the Klingebiel and Sibley parcels be provided. It was noted that the trees, assessments and the layout of the storm sewer lines are the important issues, according to Councilman Egan. After extensive discussion, Egan moved, Wachter seconded the motion to continue the hearing indefinitely and direct the staff to provide a tentative layout for parcels 015-52 and 016-52, including several options connecting Ponds LP55 and LP54 and the potential future connection of Pond LP55A to the connecting link, with the understanding that the neighboring owners will be renoticed of the continued hearing. All councilmembers voted yes. THOMAS LAKE PLACE - MULTI-FAMILY HOUSING REVENUE BONDS A request had been made by the developers of Thomas Lake Place, that the Dakota County HRA be the issuer of the Multi-Family Housing Revenue Bonds for the project rather than the City of Eagan. A representative of Dominium Corporation, together with Marcia Cohodes of Miller & Schroeder were present and Mr. Hedges briefly explained the nature of the request. It was noted that the City will acquire its 1/8 of 1% stipend only if the City issues the bonds. There were concerns by Councilmembers why the change has been requested and no action was taken. GROUP W UPDATE Both Jim Commers of Group W and Ralph Campbell of the Joint Cable Commission Board were unable to be present at the meeting, and the proposed Cable TV update for the City Council did not take place. PUBLIC WORKS BUILDING EXPANSION The architectural firm of Jack Boarman and Associates was hired during the early summer of 1985 to prepare a needs analysis for consideration of expansion to the existing public works building. The Public Works Committee and employee committee have reviewed proposals and at a special City Council Workshop on November 21, 1985, three concepts were presented. The general consensus of the councilmembers was that Scheme C with an estimated budget of $1,525,000.00 was the most practical solution, with funding from 1985-86 General Government Public Utilities Funds, General Fund Revenue Sharing and a loan from the Consolidated Improvement Debt Fund, to be repaid over a 5 year period of time. After review, Wachter moved, Thomas seconded the motion to approve the budget of $1,525,000.00 for the purpose of expanding the existing public works garage facility to include sand and salt storage within the projected cost. All councilmembers voted yes. Council Minutes December 3, 1985 PLANNED UNIT DEVELOPMENTS - ANNUAL REVIEW Tom Hedges stated that at a special joint meeting of the City Council and Advisory Planning Commission held on November 12, 1985, action was taken by the Advisory Planning Commission to approve the annual renewal of 14 active planned developments. The PUD's that were recommended for approval are as follows: Blue Cross/Blue Shield Cedar Cliff Cinnamon Ridge Eagan Heights Commercial Eagan Hills West Eagan Woods Office Parks Gopher-Eagan Laukka-Beck Lexington South Mission Hills Norwest South Delaware Hills Splashland Water Parks Winkler-Jackson Two PUD's were continued for further discussion including the Blackhawk Park PUD and the Eagan 40 PUD. There were no objections to the action of the Planning Commission and upon motion by Egan, seconded Wachter, it was resolved that the 14 foregoing planned developments be approved for annual renewal purposes under the ordinance. All voted in favor. EAGAN 40 PLANNED DEVELOPMENT - PD ORDINANCE REVISION A request has been made by Dan Dolan, the developer of Eagan 40 Planned Development for an extension of 2 three-year extensions for that development. The City Attorney's office reviewed the issue and councilmembers discussed the proposal for public hearing to be held in the event of the extension of the planned development agreement. Blomquist moved, Egan seconded the motion to direct the City Attorney and staff to prepare a proposed Ordinance to be submitted before the Advisory Planning Commission at its meeting in January of 1986 to consider revisions to the Zoning Ordinance to provide for public hearing before the APC for an extension of a planned development agreement at its expiration date. All voted yes. It was understood that no action had been taken on the extension of the Eagan 40 Planned Development Agreement request, which will be considered after the proposed revisions to the Eagan Zoning Ordinance. Council Minutes December 3, 1985 DAKOTA COUNTY PLAT I Mr. Colbert stated that a correction to the recorded boundary description for Dakota County Plat I was requested because of an error in the description. Staff recommended approval and Wachter moved, Egan seconded the motion to approve the certification of correction in the plat of Dakota County Plat I and authorize the Mayor and City Clerk to execute the necessary documents. All voted yes. TOWN CENTRE 70 2ND ADDITION - PRELIMINARY PLAT A public hearing was held at the City Council meeting on November 19, 1985 to consider the approval of the preliminary plat application for revised Town Centre 2nd Addition. The hearing was continued for consideration and review by the Advisory Planning Commission at its November 26, 1985 meeting and a public hearing was held at that time, at which time the Commission recommended approval of the plat, subject to conditions. Charlie Bartholdi was present and there were no objections to the application. Thomas moved, Smith seconded the motion to approve the application, subject to the following conditions: 1. The applicant shall submit: a) A detailed landscape plan. b) A detailed grading plan with berming. c) A lighting plan showing lumination areas. 2. The building shall be architecturally treated the same on all sides. 3. A conditional use permit will be required for the proposed signage. 4. The applicant shall be responsible for installing a 6 inch watermain loop for fire protection. The location and layout shall be approved by City staff. 5. The applicant shall dedicate a 20 foot utility easement over the watermain fire loop and hydrant leads. 6. All applicable standard engineering conditions shall apply. 7. The existing easements shall be vacated prior to final plat approval. 8. All parking stalls within the retail area shall be 10 feet by 20 feet. 9. The developer is responsible for the payment of a cash dedication fee consistent with the City's commercial/industrial policy. All voted in favor. SEE PLAT FILE Council Minutes December 3, 1985 NORWEST 3RD ADDITION - PRELIMINARY PLAT The application of Norwest Bank for preliminary plat approval of Norwest 3rd Addition was then brought to the Council and request had been made by the staff for an indefinite continuance. Upon motion by Thomas, seconded Wachter, it was resolved that the application be continued indefinitely. All voted yes. SEE PLAT FILE NAEGELE OUTDOOR ADVERTISING - CONDITIONAL USE PERMIT OSMAN TEMPLE - ADVERTISING SIGN An application from Naegele Outdoor Advertising Co. for conditional use permit for advertising sign on the Osman Temple property near Highway #13 and 1-494 came to the Council for consideration. The Advisory Planning Commission at its meeting on November 26, 1985 recommended approval, subject to certain conditions. It was noted the sign abuts two highways and that the City Council should determine whether to allow the advertising sign to exceed the normal maximum size requirements. The Sign Ordinance was discussed, including the right of the City Council to make a special determination regarding the sign and in other respects, it appeared that the sign would comply with the City ordinance. Dale Runkle described the application and representatives of both Osman Temple and Naegele Outdoor Advertising Co. were present. It was noted that the lighting must be shielded from any obstruction to airport flight patterns. Thomas moved, Smith seconded the motion to approve the application, subject to the following conditions: 1. All conditions imposed by the City Council shall be complied with. 2. The one-time sign ordinance fee of $2.50 per square foot of advertising area shall be required. All members voted in favor. CEDAR INDUSTRIAL PARK - CONTRACT #85-5 - EXTENDED HOURS A request had been made by A.R.I. Contracting, Inc. to extend the hours of operation for the Cedar Industrial Park trunk storm sewer under Contract #85-5 from 7:00 a.m. to 7:00 p.m. to allow work 24 hours per day. The purpose was to attempt to complete as much work before inclement weather as possible. Mrs. Adelmann, a residential owner of an affected parcel, was present and requested that the work be done as much as possible during day time hours. Wachter moved, Egan seconded the motion to approve the request with the understanding that in the event that there are valid objections, then the Council may revoke the consent at a later time, and further, it is understood that the construction equipment will avoid the area of the single family residence during nighttime hours. All voted in favor. IJUUIII. 11 I111U L.Go December 3, 1985 YORRTON DEVELOPMENT - PRELIMINARY PLAT The application for approval of the Yorkton Development preliminary plat was submitted and the Advisory Planning Commission, at its meeting on November 26, 1985, recommended approval with certain conditions. Dale Runkle explained the application in some detail and noted that there would be two industrial lots with the balance of the property, consisting of approximately 39 acres, to remain with one Outlot. A general scheme for future development was proposed and Mike Greaser appeared for the applicant. There were no objections and Wachter moved, Thomas seconded the motion to approve the application, subject to the following conditions: 1. This development shall provide for 63.9 acre feet of storage for pond GP-7 and the necessary easements for it. 2. Access to Highway #149 must be approved by MnDOT and if approved, this development shall construct a right turn lane off of Highway #149 into this development. 3. This development shall dedicate adequate rights-of-way for Becker Road and Delaware Trail as referenced in the engineering report. 4. This development shall dedicate a 20 foot permanent utility easement for trunk storm sewer west of the existing sanitary sewer easement over proposed lot 15 along with a 10 foot utility easement across the northeasterly lot line of proposed Lot 15. 5. This development shall dedicate a 30 foot temporary construction easement westerly of the permanent utility easement for the storm sewer. 6. This development shall be responsible for prepaying or entering into a waiver for trunk area storm sewer, lateral benefit from trunk watermain and trunk sanitary sewer assessments at the rates in effect at the time of final platting. 7. All costs associated with this development shall be the sole responsibility of this development. 8. All applicable standard engineering conditions shall apply. 9. A detailed landscape plan shall be submitted. A landscape bond shall be required and not released until one year after the landscaping has been completed. 10. 10 x 18 foot parking stalls shall be provided. 11. A 30 foot permanent storm sewer easement shall be provided to allow access to the storm sewer system for the property adjacent to and north of the plat, along with an 80 foot temporary construction easement which will expire upon completion of such construction. 12. A 36 foot wide access drive to the plat shall be provided. 13. The developer is responsible for the payment of a cash dedication fee consistent with the City's commercial/industrial policy. All councilmembers voted affirmatitOly. SEE PLAT FILE Council Minutes December 3, 1985 YORKTON I & YORKTON II - IR FINANCING The final resolutions for the proposed industrial revenue bond issues for Yorkton I and Yorkton II were submitted and the applicant requested approval. Mike Gresser appeared for the applicant and Tom Hedges indicated that the City has not received a letter from bond counsel satisfying the City staff's concerns that the bonds could become taxable due to the procedural variance required for the application. In addition, the final documents for the bond project had not been received for review by the City Administrator or City Attorney. After discussion, Egan moved, Thomas seconded the motion to approve the final resolutions for the two bond issues, each in the sum of $600,000.00, subject however, to submission and approval by the City staff of the bond counsel letter described above, and approval of the final transcript for the bond issues. All voted yes. EAGANDALE INDUSTRIAL PARK 3RD ADDITION - PRELIMINARY PLAT The application for preliminary plat approval of Eagandale Industrial Park 3rd Addition consisting of a replat of Eagandale Industrial Park Lots 2, 3, and 4, Block 2, came to the Council. The APC recommended approval at its November 26, 1985 meeting, subject to certain conditions. The plat would combine four existing lots and three new lots, north of Corporate Center Drive and west of Trapp Road, according to Dale Runkle. There was considerable discussion concerning the cul-de-sac proposed to be converted to a private cross easement built to City standards. Gerald Sunde of Sunde Engineering was present and recommended that the cul-de-sac remain a public street. After review, Smith moved, Thomas seconded the motion to approve the preliminary plat application for Eagandale Industrial Park 3rd Addition, subject to the following conditions: 1. The proposed public cul-de-sac shall be eliminated and a private street be provided for access to the lots. 2. The owner and developer will be responsible for any damage to any retaining wall and grading damages as a result of necessary maintenance of the City's storm and sanitary sewer lines within the sanitary and storm sewer easement along the southwesterly boundary of the property. 3. The watermain that the developer proposes to construct shall be built in accordance with City specifications and properly verified that the contractor adhered to City standards. 4. This development will be responsible for obtaining the necessary MWCC connection permits. 5. The cul-de-sac, Trapp Court, shall be constructed in accordance with City standards for a tear drop design and 9 ton standards. 6. This development shall dedicate a 20 foot utility and drainage eas'e::nt adjacent to all publicly dedicated right-of-way. December 3, 1985 7. This development shall dedicate the appropriate right-of-way necessary for the cul-de-sac to conform to City standards. 8. The plat shall be subject to all applicable ordinances. 9. The developer is responsible for the payment of a cash dedication fee consistent with the City's commercial/industrial policy. All members voted yes. SEE- PLAT FILE CONSTRUCTION FUND TRANSFERS The Director of Finance, E. J. VanOverbeke, recommended the transfer of funds for the Municipal Center expansion project as detailed in the packet. Thomas moved, Smith seconded the motion to approve the transfer of $5,506.23 to the Federal Revenue Sharing Fund. All voted yes. Thomas moved, Wachter seconded the motion to approve the transfer of the 1983 Equipment Certificate Fund #35 with cash balance of $11,119.44 and 1984 Equipment Certificate Fund #36 in the amount of $152.10 to the Debt Service Fund for the 1983 Equipment Certificates to reduce subsequent debt service levies. All voted yea. MUNICIPAL GARAGE EXPANSION FUND It was recommended by the City Administrator that the sum of $228,000.00 be transferred to the Municipal Garage Expansion Fund from the General Fund Public Utilities Fund. All voted yes. ABC TRENDCO, INC. - CONDITIONAL USE PERMIT ABC Trendco, Inc./Wintz Trucking submitted an application for conditional use permit to allow on-site storage of vehicles for a trucking company located east of Lexington Avenue in the Eagandale Industrial Office Park on the site formerly occupied by Interstate Trucking. It was noted that the building has been vacant for several years and that the applicant intends to construct a fence around the site. Representatives of the applicant were present and there were no objections. The APC recommended approval subject to certain conditions. Wachter moved, Egan seconded the motion to approve the application, subject to the following conditions, with the understanding that the Council may review the parking at a later time: 1. A landscaping plan shall be submitted for staff review. A landscape bond shall be required and not released until one year after completion of all landscaping. 2. There shall be complete fencing around the entire site. 3. Any building expansion shall be reviewed by City staff. 4. All applicable ordinances shall be adhered to. 5. All vehicles parked on the facility shall be currently licensed. 1.2 Council Minutes December 3, 1985 4.. 6. No more than 200 vehicles shall be parked on the site at any one time. All voted yea. AREA VOCATIONAL TECHNICAL INSTITUTE - BUSINESS START-UP GRANT The City Administrator reviewed at the last City Council meeting a new State Grant Program developed by the Minnesota Higher Education Coordinating Board to help new businesses. Wayne Davis, a supervisor at Dakota County AVTI has requested the City's assistance in preparing the grant application. John Hohenstein, Assistant City Administrator, has prepared the application and a Resolution was prepared for consideration by the City Council, stating that the City Council agrees to cooperate with the Dakota County AVTI in the formation of a Board of Directors for purposes of making proposals for funding for the Eagan-Dakota County AVTI Business Development Center. Smith moved, Thomas seconded the motion to approve the Resolution and authorize its adoption. All voted yes. R 85-79 COMMUNITY ACTION COUNCIL - BATTERED WOMEN'S HOME - CITY CHARGES A request was made by Frank Brennan, representing the CAC, to alter the amounts assessed for park dedication and road unit charges from that of commercial rate to residential rate for the Robert B. Lewis battered women's home property near Nicols Road. Also, there was a request for the trunk area water to be assessed at the residential rate. Councilmembers reviewed the differentials in the amount of revenue that would be generated and noted that the project is intended for residential use. Thomas moved, Smith seconded the motion to approve the request for change in rates submitted by the CAC for the battered women's shelter for construction on Lot 1, Block 1, Cedar Ridge 1st Addition, but in the event that there is a change in use of the property to any other purpose, than the difference in the charges actually levied in 1985 and those charges in effect for the future use for comparable charges, including assessments, park dedication rates, etc. will be paid to conform with that future use. All voted yes. YANKEE DOODLE ROAD - FEASIBILITY REPORT - PROJECT #461 CONSULTING SERVICES As part of the Dakota County's Five-Year Capital Improvement Program, the County plans to upgrade a portion of Yankee Doodle Road from I-35E to Lexington Avenue during 1986. In accordance with the cost-participation policy, the City will be responsible for paying a portion of the project costs. The consulting engineering firm of Strgar-Roscoe-Fausch, Inc. has performed the preliminary and detailed surveying necessary for the final design and cost estimates and it was recommended by the County and the City staff that the same firm be authorized to prepare the feasibility report necessary for the public hearing for Eagan Project #461. ' Mr. Colbert recommended approval. Wachter moved, Smith seconded the motion to approve the firm of Strgar-Roscoe-Fausch, Inc. to complete the feasibility report for P-, --t #461. All voted yes. Council Minutes December 3, 1985 APPLE VALLEY MAINTENANCE PERSONNEL Tom Hedges stated that the maintenance personnel for Apple Valley are threatening to strike, and a request had been made for technical assistance from the City of Eagan in the event of an emergency. The staff was directed to review the request in more detail and to report to the City Council. SNOW REMOVAL UPDATE Tom Colbert explained to the City Council the progress regarding snow removal during the 21+ inch snow storm from Thanksgiving Day through the following Sunday. He noted that there had been some equipment damage, including a front-end loader and requested authorization for the rental of a front-end loader. POLLUTION CONTROL AGENCY AGREEMENT Tom Colbert discussed the final meeting that he and Paul Hauge had with the Pollution Control Agency officials regarding the draft Stipulation concerning the alleged violations for the acquisition of sanitary sewer permits by the City. It was being proposed that the sum of $5,000.00 be paid to the PCA and also that the City instigate an environmentally beneficial project such as purchase of air noise metering equipment, the installation of a water quality management study, or an infiltration T.V. system in the sanitary sewer lines. The Council directed the staff to submit the proposed surface water quality management study project to the PCA for approval with the Agreement, and further, that the sums paid by the City for, alleged violations be recovered from developers that have violated the requirement for the acquisition for permits. CHECKLIST Thomas moved, Egan seconded the motion to approve the following checklist dated 12-3-85 in the amount of $523,231.68. All voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:30 a.m. PHH City Jerk 14