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09/16/1986 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 16, 1986 A regular meeting of the Eagan City Council was held on Tuesday, September 16, 1986 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present were City Administrator Tom Hedges, City Engineer Tom Colbert, City Planner Dale Runkle, Consulting Engineers Bob Rosene and Mark Hanson, and City Attorney Paul Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the agenda as submitted. All voted in favor. MINUTES September 2, 1986 - Regular Meeting. Upon motion by Ellison, seconded Wachter, it was resolved that the minutes of the September 2, 1986 regular council meeting be approved with the exception on page 7 regarding liquor license investigation policy, that there be an additional escrow requirement of $200.00 for each investigation beyond 5 persons in-state is incurred, and an additional $400.00 for-put-of-state; and, on page 9, regarding Kevin Murphy Building Permit, that the staff would not issue the permit and suggested an overall plan. All councilmembers voted yes. KIDS-'N-KINSHIP PROCLAMATION A proclamation was submitted by a representative of the Kids-'N-Kinship requesting the Mayor declare the week of September 21 through 28, 1986 as National Kinship Week to help promote the program. The proclamation was submitted and Mayor Blomquist approved and read the Proclamation. PARK & RECREATION-DEPARTMENT - THOMAS LAKE PARK - LAWCON/LCMR GRANT City Administrator Tom Hedges announced that the City has received notification that its application for a Lawcon/LCMR grant for Thomas Lake Park was ranked No. 1 for all metropolitan communities, and funding in the amount of $330,000.00 should be certain for the project. The total cost is $458,000.00 with the City matching $120,000.00 from existing Park Site funds. 1 Council Minutes September 16, 1986 y'"";"~?~~ Park Director Ken Vraa was present and shared in the announcement. Smith moved, Wachter seconded the motion to approve the adoption of the Resolution to authorize the filing of the application and execution of a Grant Project Agreement with the State of Minnesota and to complete all grant documentation on the Thomas Lake Project. All voted yea. R 86-65 JOINT BURNSVILLE/EAGAN CABLE COMMISSION Ralph Campbell, the Cable Commission Coordinator, was present and answered questions of the City Council regarding the sale of the joint cable system by Group W that is now proceeding through the Joint Cable Commission. He indicated that at the meeting on September 25, the Commission is expected to review the sale proposal. FIRE TRAINING FACILITY Mr. Hedges discussed the potential joint construction of a fire training facility with several neighboring cities, including Burnsville. He stated that the proposed contribution from the City of Eagan would be about $25,000.00 and that further information will be submitted to the City Council at a later time. SPECIAL CITY COUNCIL MEETING A special City Council meeting to further consider the 1987 City Budget will be held on October 14,- 1986 at 7:00 p.m. at the Eagan Municipal Center. CONSENT AGENDA The following consent agenda items were submitted by the staff and recommended that they be approved: 1. Contractor's Licenses. A schedule of contractors, homeowners and plumbers licenses was submitted and recommended to be approved by the Council. 2. Personnel Items. a. Compost Site Monitor. It was recommended that Lori Belz be hired for the position of part-time seasonal compost monitor. b. Clerk Typist/Protective Inspections. The staff recommended the hiring of Cheryl Malmanger as a Clerk Typist in the Protective Inspections Department subject to successful completion of the City's physical examination requirement. c. City Administrator Car Allowance. The staff recommended approval of the car allowance increase of 3.8% for the calendar year 1986 for the City Administrator. 2 Council Minutes September 16, 1986 j 3. Rahn and Ridgecliff Parks - Parking Lot and Trailway Surfacing - Contract #85-25. The staff recommended to the Council that it accept the work as completed for City Contract #85-25 and authorize the final payment to Valley Paving in the amount of $4,209.18. 4. Lexington Square 6th Addition - Project #485. A Petition had been received requesting the upgrading of Northview Park Road with streets and utilities to service the Lexington Square 6th Addition. It was recommended that the Council receive the Petition and authorize the preparation of the feasibility report and plans for Project #485. 5. Burr Oak Addition - Project #484. The feasibility report for Project #484 consisting of streets and utilities for the Burr Oak Addition were completed and it was recommended to the Councilmembers that they receive the feasibility report and order a public hearing for October 21, 1986 at 7:00 p.m. at the Eagan Municipal Center. 6. Eagandale Office Park 4th Addition - Final Plat. The application for final plat approval of Eagandale Office Park 4th Addition (Compri Hotel) was submitted to the Council and it was recommended that the final plat application be approved and that the Mayor and Clerk be authorized to execute all related documents, subject to compliance with all City requirements. R 86-66 7. Eagandale Park 4th Addition - MWCC Sewer Permit. A Resolution was submitted authorizing connection for the Eagandale Park 4th Addition to the Metropolitan Waste Control Commission sanitary sewer trunk facility, and it was recommended that the Resolution, based upon the request of the Developer, be approved. R 86-67 8. Town Centre 70 Fifth Addition - Final Plat. The final plat application for Town Centre 70 Fifth Addition has been submitted and according to staff, the necessary requirements are complete. It was recommended that the final plat application be approved. R 86-68 Upon motion by Wachter, seconded Egan, it was resolved that the foregoing consent agenda items be approved and authorized to be implemented according to the recommendations. All voted yes. PILOT KNOB ROAD - TRUNK STORM SEWER - PROJECT #473 - PUBLIC HEARING Mayor Bea Blomquist convened the public hearing regarding Project #473 consisting of trunk storm sewer improvements on Pilot Knob Road in three parts, mainly Evergreen Park area, Berry Patch Park area, and the City Hall area. Tom Colbert introduced the project and Mark Hanson of the consulting engineering firm explained the alternate alignments. It was noted that the hearing was originally held on July 15, 1986, at which time there were several concerns and objections raised pertaining to the proposed storm sewer outlet for Mooney Lake to McCarthy Lake within the Patrick Eagan Park, through the wooded back yard areas of several single family homes. The Council continued the public hearing until September 16th to allow staff to investigate various alternatives and to meet with the affected property owners regarding the proposed alignment. 3 Council Minutes September 16, 1986 On August 5, 1986, City Administrator and Consulting Engineer met with the affected property owners. The alternate report, dated September 2, 1986 was reviewed by the City Council. Three alternates were explained, including the following: 1. A gravity line from Mooney Lake "JP-7" to JP-8, along Berry Ridge Road. It was noted that deep cuts would be required under this alternate. 2. A lift station with the storm sewer line along Berry Ridge Road, noting long term maintenance would be an issue. 3. Or the storm water would be moved to the west with a force main and lift station. It would include a gravity sewer line across Pilot Knob Road, but extensive easement acquisition would be required with no easements necessary for alternates 1 or 2. Attorney Tom Rooney appeared and objected to the project and to the proposed assessments against his property. Several alternates were available to the City, including review of the benefits, proceeding on a portion of the project only, and proceeding on all the project with the City to pick up a portion of the costs. It was noted that the Council had held an. assessment hearing before ordering in the project for Deerwood Drive. Bruce Patrick of 1269 Berry Ridge Road appeared and asked whether the City could retain the water by discharging it into an aquifer, but Mr. Colbert indicated that it would not be feasible. There are about 250 ponds in the City and Eagan continues to use them as retention ponds. Teresa Fritz of Deerwood Drive stated the neighboring owners support the line down Berry Ridge Road while certain owners recommended running the water to the west to avoid the disruption of the pond area. The proposed lift station carrying the water through Berry Ridge Road would be located near the street and it was noted that Alternate 1 would impact substantial trees and require significant cuts. Egan moved, Wachter seconded the motion to close the hearing and approve the project utilizing Alternate 2, and authorize the Engineer to prepare the plans and specifications, noting that the project is feasible and essential to the overall master plan, and that most of the owners favor that route. The park commission recommended alternate 2 as the most logical location. It was noted completion is expected in June or July of 1987. All members voted in favor. KENNEBEC DRIVE - PROJECT #428 - STREET & UTILITY IMPROVEMENTS The final assessment hearing regarding Project #428 consisting of Kennebec Drive street and utility improvements was convened by the Mayor. Tom Colbert reviewed the assessments and noted an objection from Ellerbe Associates. Mr. Colbert explained the benefits to the affected parcels and there being no further objections, upon motion by Wachter, seconded Egan, it was resolved that the assessment roll be approved and that it be authorized to be certified to the County Auditor with the exception of the Ellerbe property which would be continued indefinitely, and that the City be authorized to hire an appraiser and to hold a future hearing regarding the assessments. All voted in favor. 4 Council Minutes September 16, 1986 TOWN CENTRE 70 AND 100 ADDITIONS - PROJECT #429 STREET & UTILITY IMPROVEMENTS The Mayor then convened the public hearing regarding Project #429 consisting of street and utility improvements in Town Centre 70 and 100 Additions. The Mayor turned the hearing over to Public Works Director Tom Colbert who explained the project in some detail, including the proposed assessments, providing for an interest rate of 9% spread over 10 years, covering 37 parcels. He also explained the special request of Federal Land ° Company regarding overhead cost and proposed reduction in the administrative and legal fees commensurate with the reduction in the engineering fees. Ken Applebaum, an affected owner, was present and stated that his partners desire to dedicate a pond easement and requested credit from the Council for the pond area, but noted that the documents had not been signed at the time of the meeting. Mr. Colbert commented that there was no objection by the staff as to the easement grant, but that it would increase the other assessable areas slightly. Martin Colon of Federal Land Company appeared and indicated that Federal Land had no objection to the revision in the assessment and the Council requested a consent and waiver of objection from all other owners. Charles Bartholdi, attorney for Federal Land Company was present and stated that the roll was the largest that had been presented to the City Council and requested reduction of the administrative fee and the legal fee. He noted that the bonds were sold at 7.8% interest with a 9% interest charge being proposed, with 1.2% additional for collection and some other related costs. He also objected to-the percentages being greater than the amount of the corresponding work. Mr. Hedges presented the staff recommendations that no change be granted, noting that the developers could choose whether the public had the opportunity to determine whether to finance the projects through public or private contracts and such a change would invite revisions by other developers and create a precedent issue. Councilman Smith stated that it is a policy issue and the staff did not have a chance to assess the request. He suggested adopting the roll and having the Council review the issue at a later time, noting that the purpose is to avoid a subsidy to the developer at the expense of the taxpayer. Councilman Ellison recommended there be no change in the roll, but that the Council should compare the charges with other cities. An amended or supplementary roll also was discussed. Egan moved, Ellison seconded the motion to close the hearing, to approve the assessment roll with the understanding that the Applebaum easement area will be stricken from the roll upon the submission of an acceptable easement and a revision to the roll, provided there are no objections that are submitted by any of the affected property owners. All members voted affirmatively. 5 Council Minutes September 16, 1986 BIRCH PARK ADDITION - PROJECT #417 - FINAL ASSESSMENT HEARING The final assessment hearing regarding Project #417 consisting of Birch Park Addition area street and utility improvements next was convened by the Mayor. Two contracts were involved, including #85-9 consisting of Denmark Avenue and Deerwood Drive surfacing, and #85-10 consisting of internal streets and utilities, according to Mr. Colbert. The feasibility report was presented at a public hearing before the Council on September 18, 1984 and the special assessment committee recommended a reduction in the assessments on Deerwood Drive, based upon an appraisal covering the improvements. Objections were received from Teresa and Bernard Fritz, John and Karen Hosford, and from Mr. and Mrs. Michael Kohler. The September 1985 appraisals provided for maximum benefit of $14,000.00 per lot for the building parcel site on the south side of Deerwood. Karen Hosford appeared and objected that the work was not completed and also the water area assessments were assessed at an earlier time, according to information that she presented to the Council. Mr. Colbert noted that the retaining wall was eliminated and for all practical purposes, the work is complete with only final clean up yet to be done. He recommended incorporating the appraisals into the assessments for each parcel. Teresa Fritz appeared and indicated that notices of the assessment hearing had included errors and requested reduction because of the elimination of the retaining wall. After extensive discussion, Egan moved, Wachter seconded the motion to close the hearing, to approve the assessment roll based upon the reduction of the assessments along the south side of Deerwood Drive, according to the appraisals acquired by the City. All voted in favor. SLATERS ACRES - FINAL ASSESSMENT HEARING - PROJECT #419 The next final assessment hearing convened covered Project #419 consisting of Slaters Acres street and utility improvements. Mr. Colbert identified the cost over-runs beyond the feasibility report estimates resulting from unexpected cost increases for easement acquisition and change orders during construction. He stated that a written objection had been received from Hills Construction Co. but that representatives of Hilla Construction Co. were present at the hearing and desired to withdraw their objection. A number of other objections from other property owners in Slaters Acres and Norvin Oaks, including 14 of the 17 owners were submitted to the City Council. Mr. Colbert then reviewed a recalculation of the assessment consideration with some recommendations for reduction from $15,552.06 per lot to $13,304.57 per lot. He noted that $12,500.00 had been paid for easement acquisition costs. Aubrey Hall of James Court reviewed the history and was concerned about the increases in the rates. He noted that the affected owners had petitioned to scale back the project but the Council proceeded with the original proposal and that the estimate had gone from $12,800.00 to the final cost of $15,552.00 6 Council Minutes September 16, 1986 T4--~1r• per lot in the assessment roll. He was opposed to paying costs of the entire 18 inch storm sewer line and Mr. Colbert stated the staff had recommended reduction in the total assessment. Also, there were objections to the Hilla Construction Co. property being assessed at an alleged lower rate but it was explained that it covered only the frontage on Rusten Road, and that there would be internal improvements also for the development. After extensive discussion, Egan moved, Wachter seconded the motion to continue the hearing until later in the meeting for deliberation by the property owners present regarding the recommended revision in the assessment roll. All voted yes. GROUP W CABLE ADDITION - PROJECT #423 - FINAL ASSESSMENT HEARING The final assessment hearing regarding Group W Cable street improvements under Project #423 then was convened by the Mayor. Mr. Colbert detailed the project and there were no objections. Wachter moved, Egan seconded the motion to close the hearing, to approve the roll and authorize the certification to the County for collection. All voted in favor. LEXINGTON SQUARE 2ND ADDITION - PROJECT #433 - FINAL ASSESSMENT HEARING The final assessment hearing for the trunk storm and sanitary sewer Project #433 in Lexington Square 2nd Addition came then to the City Council for its consideration. Mr. Colbert presented the roll to the Council and explained it in some detail. Charles Hall appeared on behalf of the Trustee for the Hall property on Wescott Road and submitted a written objection based upon the fact that he had not received adequate information whether or not to make an objection to the ..roll. He objected to 91.3 acres of assessments whereas, it was noted there would only be 20 acres that would be assessed. He further indicated that there may not be an objection after information has been reviewed and had questions about the elevation of the sewer line. Egan moved, Smith seconded the motion to close the hearing and to approve the final assessment roll with the exception of the Hall property, which will be continued indefinitely and to authorize the certification of the balance of the roll for collection. The staff was further authorized to select an appraiser in the event it was necessary because of objections regarding the Hall property. All voted affirmatively. SLATERS ACRES - PROJECT #419 - FINAL ASSESSMENT HEARING The Mayor then reconvened the public hearing regarding Project #419 special assessments. Representatives of the property owners appeared and indicated that all owners present discussed the proposed revisions to the assessments and approved them. Egan moved, Smith seconded the motion to close the hearing and to authorize the certification of the assessment roll as revised with the condition that all objections will be removed, noting the final assessment would be in the sum of $13,304.57 for each platted lot. All members voted yes. 7 Council Minutes September 16, 1986 EAGAN INDUSTRIAL ROAD - STREET VACATION The public hearing regarding the vacation of a portion of Eagan Industrial Road at the intersection with Eagandale Blvd. was convened. Mr. Colbert was asked to review the vacation and there were no objections. Egan moved, Ellison seconded the motion to close the hearing and approve the vacation and authorize the execution of the appropriate documents. All voted yes. 1987 GENERAL FUND - BUDGET HEARING The public hearing regarding the proposed 1987 General Operating Budget was convened by Mayor Bea Blomquist and the City Administrator reviewed the budget, noting that guidelines had been determined by the City Council to avoid a mill levy increase in 1987. Budget workshops had been held and the total budget being considered for 1987 is $7,389,630.00. After review by the City Administrator, there being no objections, Smith moved, Wachter seconded the motion to close the hearing and direct the City Administrator to further develop the operating budget. All members voted yea. COMPRI HOTEL - CONDITIONAL USE PERMIT - LIQUOR LICENSE The application of the Compri Hotel developers for conditional use permit for liquor license was brought to the Council. The APC recommended conditional approval of the conditional use permit. There was discussion about the fact that there would be no other licenses on the hotel site and Wachter moved, Egan seconded the motion to close the hearing and to approve the conditional use permit. All members voted yea. BOW AND ARROW HUNTING SEASON The City Administrator stated that he had been contacted by John Parker, area wildlife manager for the Minnesota Department of Natural Resources and recommended that the City permit bow and arrow deer hunting during 1987. The Police Department suggested controlling all bow and arrow hunting to unplatted areas of no less than 5 acres. There was discussion as to where bow and arrow hunting should be allowed within the City, noting that a minimum size parcel should be determined for bow and arrow hunting purposes. Smith moved, Wachter seconded the motion to acknowledge the 1987 bow and arrow deer hunting season set forth by the DNR, and that the hunting be permitted in unplatted areas of no less than 5 acres with the understanding that the owner will accompany the deer hunters or give written permission to do so. All voted in favor except Blomquist who voted no. 8 Council Minutes September 16, 1986 MWCC - WAIVER OF PLAT The application of the Metropolitan Waste Control Commission for waiver of plat to split a 5.36 acre parcel from a 32 acre parcel in the Cedar Industrial Park came to the Council for its review. The building permit was issued in 1985 for the 32,000 square foot maintenance facility, and on October 1, 1985, the City Council denied a request to calculate user fee on the 5.5 acre area, suggesting a waiver of plat. The APC recommended approval, subject to conditions. Mr. Runkle described the application and two representatives of the MWCC were present. Ellison moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. All applicable Ordinances shall be adhered to. 2. The Waiver of Plat shall be subject to a parks dedication fee. All voted yea. KILLDEER ADDITION - REZONING The application of Michael R. Wills and two other owners for rezoning from R-2 to R-1 on Lots 6 through 13 in the Killdeer Addition next came before the Council. The APC recommended approval. City Planner Dale Runkle noted that all residences constructed in the subdivision were single family and that the market at the present time was for R-1 purposes. Mr. and Mrs. Michael Wills was present and requested approval. Wachter moved, Egan seconded the motion to approve the application, subject to single family code compliance requirements. All members voted yes. TOWN CENTRE 100 THIRD ADDITION - PRELIMINARY PLAT The application of Federal Land Company for preliminary approval of Town Centre 100 Third Addition consisting of two lots and two outlots on approximately 2.5 acres came to the Council. The plat will allow an additional acre of land to be added to the day care facility along Lexington Avenue and the lot line was shifted during the Fall of 1985. Also, the plat created approximately a three acre parcel to be dedicated to the City for park purposes. The APC recommended approval. Mr. Bartholdi was present on behalf of the applicant. Egan moved, Ellison seconded the motion to approve the application, subject to compliance with all City Code requirements. All voted aye. SEE PLAT FILE FAIRWAY HILLS 2ND ADDITION - PRELIMINARY PLAT The application of Derrick Land Company for approval of the Fairway Hills 2nd Addition preliminary plat consisting of 59 lots on 25 acres next came before the Council. Dale Runkle detailed the planner's report and the APC recommended approval subject to conditions. Egan moved, Wachter seconded the motion to approve the application, subject to the following: 9 Council Minutes September 16, 1986 1. A variance to the 2% grades at intersections shall be granted as discussed within this report. 2. Utilities shall be extended to its southeasterly most corner of the development and also to the easterly boundary within the right-of-way stub to the Parkview Golf Course. 3. The developer shall provide the necessary documents whereby the owner of Lot 1, adjacent to the golf course and between the public street and the park area, agree to maintain a private driveway within public right-of-way. 4. The developer shall also prepare documents whereby the owner of Lot I and 2 of the block adjacent to the golf course and between the public street, and also the owner of Lot 2 in the block north of the Northern Natural Gas Company easement and adjacent to the golf course, acknowledge the existence of public right-of-way and the right of the City to construct a residential street within that right-of-way upon development of the golf course property. 5. This development shall be responsible for obtaining all necessary regulatory agency permits prior to the City releasing the final plat for recording. 6. This development shall be responsible for dedicating a 65 foot half right-of-way for Pilot Knob Road and a 60 foot full right-of-way for internal public roads. 7. This development shall be responsible for dedicating a 30 foot utility easement over the sanitary sewer and water main extended to the southeasterly most corner of this development and a minimum of a 20 foot utility easement over any public utilities not installed within public right-of-way. This development will be required to dedicate a 40 foot drainage easement over the back yards adjacent to the Northern Natural Gas pipeline and a 10 foot drainage easement adjacent to rear lot lines used for drainage swails. This development will be responsible for providing a 30 foot temporary construction easement along all lots adjacent to Pilot Knob Road north of the Rebecca Lane street extension. 8. This development shall be responsible for the remaining trunk area, street improvements and trailway assessments not covered by the Fairway Hills 1st Addition. This development shall also be responsible for the additional street and trailway assessments for frontage along Pilot Knob Road as a result of the parkland swap at the rates in effect at the time of final platting. 9. All standard plan conditions shall be adhered to. 10. This plat shall be reviewed by the Advisory Parks and Recreation Commission and shall be subject to their recommendations. 11. Home buyers shall be notified by the developer or its agents and assigns of the risks of being adjacent to the golf course and gas line in negotiating for lots adjacent to these facilities and the method of notice shall be reviewed and approved by City staff. 10 Council Minutes September 16, 1986 12. The Building Inspection Department shall closely monitor the construction of the dwelling on the corner lot backing to Parkview Golf Course on Lot 2, Block 1, and special consideration will be given that the building pad will not encroach on the easement. All councilmembers voted yes. SEE PLAT FILE SUNPOINTE ADDITION - PRELIMINARY PLAT The application of RMC Development and Advance Developers for preliminary plat approval of the Sunpointe Addition covering 90 townhouse units on 10.5 acres was next considered. The APC at its meeting recommended approval, subject to certain conditions. Dale Runkle described the proposed development, noting the location on the north side of Diffley Road is an area that had been zoned for high density or 12+ units per acre. The proposed plat would include an overall density of 8.6 units per acre with 9 separate lots, including six with 12-unit buildings and three with 6-unit buildings. The balance of the 44.35 acres would consist of Outlot A. The planned development provided for a 15 foot buffer and Bob Carlson, the applicant, was present and he noted that the developer will comply with enhanced landscaping in the buffer area. It was understood that the cul-de-sac is under 500 feet in length and that all City requirements will be complied with. Pat Hoffman also appeared for the developer. Jack Willenburg, a neighboring owner, was concerned about the use of the balance of the vacant parcel and whether additional park is being planned. It was noted that there are no further plans for parks in the area, except for possible tot lot installation. Another neighboring owner objected to there being no direct access to park land and the potential that traffic volume will be excessive. He recommended an R-3 density maximum on the parcel. Dennis Castle of Jade Lane stated that the northerly parcels would generally be the least desirable and recommended buffering along the north. The staff was concerned about the road pattern throughout the entire development, and recommended the road configuration as proposed. There were also strong concerns from neighboring owners regarding the possibility of higher density on the north portion of the parcel, whereas the planned development concept reflected duplexes on the north, with higher density moving southerly to Diffley Road. Mayor Blomquist recommended the schematic plans be submitted on the balance of the parcel before proceeding further. Mr. Hoffman stated that only blob concept plans were attached to the planned development agreement. Mr. Carlson noted that the intention is to develop for-sale homeowner-occupied units throughout the entire parcel and noted that the market now calls for units comparable to those of Southpointe on the south side of Diffley Road. 11 Council Minutes September 16, 1986 Councilman Wachter-reflected on the special consideration on the north area when the planned development was originally approved and recommended reviewing the planned development agreement more carefully. Blomquist moved, Egan seconded the motion to continue consideration of the application until a concept understanding is reached with the developer for the entire parcel. All members voted yea. SEE PLAT FILE JOHNNY CAKE RIDGE 5TH ADDITION - PRELIMINARY PLAT The application of Good Value Homes, Inc. for approval of the preliminary plat of proposed Johnny Cake Ridge 5th Addition came next to the Council. The plat would consist of three 4-plex buildings on Outlot B of Johnny Cake Ridge 4th Addition. The plat was submitted by Orrin Thompson Homes and approved in 1984 but no construction had taken place on Outlot B or on the building sites in Johnny Cake Ridge 4th Addition. The total number of units in the 4th and 5th Additions would increase from 56 to 68 units, with a gross area for the Outlot being 5.1 acres. Twelve additional units provides overall density of 7.01 units per acre with the area outside of the building sites being designated as Outlot common space. Mr. Runkle detailed the application and noted that there was poor soil and the developer would be required to correct the soil in order to insure proper drainage and building suitability. Mr. Runkle also explained the objections on behalf of the Advisory Planning Commission and the neighboring property owners and noted the Planning Commission recommended denial of the application. Surrounding owners stated that they bought houses with the understanding that open space was intended for the site. John Peterson, the Vice President of Good Value Homes, Inc. was present as was its attorney, Lawrence Johnson. Mr. Peterson argued that the change did not alter the nature of the neighborhood and that the total proposal would be within ordinance requirements. He also indicated that the applicant was willing to delete one of the building sites within the complex and noted that Orrin Thompson Homes did not develop the site because Thompson determined it was not feasible to correct the soil conditions, but Good Value Homes determined it is feasible at the present time. Mayor Blomquist objected that the proposal would increase the density and it was noted that.no services or stubs were installed originally to the site because of the intention that the property would not be developed. It was further noted that no homeowners association was organized at the present time but that the developers would organize such an association. The common area outlot also encompasses the parcels between the platted lots in the 4th Addition. A proposed Resolution was submitted to the City Council covering alternates including proposed favorable and unfavorable actions by the City Council. After extended discussion, Blomquist moved, Wachter seconded the motion to deny the application based upon the reasons outlined in the Resolution attached to and made a part of these Minutes. A copy of the Resolution was given to Mr. Peterson during the course of the meeting. All members voted in favor. R 86-69 SEE PLAT FILE 12 Council Minutes September 16, 1986 R: _fY PARK LIGHTING CONTRACTS Contract #86-21. Smith moved, Ellison seconded the motion to approve award of Contract #86-21 to Judd Electric in the amount of $20,646.50. All voted yes. Contract #86-22. Wachter moved, Egan seconded the motion to approve the award of the contract for the installation of light poles and fixtures in the amount of $19,200.00 to Midland Electric Company. -A11 members voted yea. HOLLAND LAKE - TRUNK STORM SEWER - CONTRACT #86-23 The plans and specifications for Contract #86-23 consisting of trunk storm sewer in the Holland Lake, Cliff Road area were submitted. Mr. Colbert recommended proceeding with the project. Blomquist was concerned that contacts had not been made with the affected property owners, and Mr. Colbert emphasized the need to avoid additional future flooding in the spring and that all contacts will be made with the affected property owners. Notices had been sent to the owners concerning the proposed condemnation. Bob Ferguson was present with certain concerns as was Bob Lane of Lakewood Hills Addition. Mr. Lane requested the contractor be given specific instructions regarding construction within Lakewood Hills because of the sensitivity of the area and the importance of maintaining access. Upon motion by Egan, seconded Smith, it was resolved that the plans and specifications for Contract #86-23 be approved and that the Clerk be authorized to advertise for bids to be opened at 10:30•a.m. on Friday, October 17, 1986 at the Municipal Center, subject to instructions given to the contractor and that the staff continue to work with the property owners regarding the acquisition of the easements. All voted yes. BLACKHAWK PLAZA - FINAL PLAT Tom Colbert described to the City Council, the information received from Peter Stalland in the late afternoon of September 16, 1986 regarding the final plat. He stated that a Letter of Intent had been submitted but that no review had taken place in detail regarding the completion of all requirements for plat approval. Because all the requirements had not been reviewed by the staff, Blomquist moved, Egan seconded the motion to continue consideration of the application until a later meeting. All voted in favor. SEE PLAT FILE TOWERVIEW ROAD AND HIGHVIEW AVENUE - CONTRACT #86-24 The bids for Contract #86-24 concerning street improvements for Towerview Road and Highview Avenue had been received and it was recommended that the low bid from Alexander Construction Co. in the sum of $63,156.25 be approved. Upon motion by Wachter, seconded Smith, it was resolved that the contract be awarded to the low bidder with the understanding that the final surfacing will not be completed until 1987, and therefore the alternate will be included. All voted yes. 13 Council Minutes September 16, 1986 BURR OAKS ADDITION - CONTRACT #86-25 Ellison moved, Wachter seconded the motion to approve the plans for Contract #86-25 in the Burr Oaks Addition and authorize the Clerk to advertise for bids in the legal newspaper with the opening to be held at the Municipal Center at 10:30 a.m. on Friday, October 17, 1986. All voted yea. R. L. JOHNSON 2ND ADDITION - PROJECT #85-BB - FINAL ACCEPTANCE The developer of R. L. Johnson 2nd Addition requested approval of Project #85-BB consisting of a private improvement project. Smith moved, Egan seconded the motion to accept Project #85-BB for the R. L. Johnson 2nd Addition for perpetual maintenance. All members voted yea. RAHN RIDGE ADDITION - PROJECT #85-RR - FINAL ACCEPTANCE At the request of the developer, upon motion by Egan, seconded Ellison, it was resolved that Project #85-RR consisting of the Rahn Ridge improvements installed privately, be accepted and that the City accept the project for perpetual maintenance. All members voted yea. COMPARABLE WORTH UPDATE City Administrator Tom Hedges reviewed the final results of the comparable worth point values for each position classified in the City of Eagan. He noted the Personnel Committee met on Tuesday, September 9, 1986 and reviewed the point values and recommended final action by the City Council. Upon motion by Egan, seconded Wachter, it was resolved that the Council approve the comparable worth point values and authorize the release of the information to allow the City employees to review them. All voted affirmatively. DEERFIELD ADDITION & TOWN CENTRE 70 - EAW's The City Planning Department has processed two environmental worksheets including Deerfield Addition and Town Centre 70. According to Dale Runkle, comments had been significant regarding Town Centre 70. After discussion and upon motion by Egan, seconded Blomquist, it was resolved that the City will issue a negative declaration for Deerfield Addition and Town Centre 70 Addition, with the understanding that a traffic study will be conducted for the intersection of Yankee Doodle Road and Pilot Knob Road under Town Centre 70 Addition. All voted yes. 14 Council Minutes September 16, 1986 PARK KNOLL ADDITION - FINAL PLAT Staff recommended approval of the final plat application for Park Knoll Addition, located north of Wilderness Run Road and east of Oakwood Heights Addition. Smith moved, Egan seconded the motion to approve the final plat and authorize the Mayor and City Clerk to execute all related documents. All voted yes. R 86-70 SPERRY CONSOLIDATION FACILITY AMENDMENTS The City Attorney submitted amendments to the tax increment financing program and development agreement for the Sperry consolidation facility and it was recommended that the amendments be approved. Upon motion by Egan, seconded Smith, it was resolved that the amendments as submitted and requested by Sperry Corporation, enlarging the area covered by the TIF financing, be approved and authorized to be executed. Those in favor were Smith, Egan and Blomquist; those against were Ellison and Wachter. LEXINGTON SQUARE 4TH ADDITION - FINAL PLAT Staff recommended approval of the final plat application of Lexington Square 4th Addition. Wachter moved, Egan seconded the motion to approve the plat subject to compliance with all City requirements. All voted affirmatively. R 86-71 BORCHERT-INGERSOLL - STORM SEWER ASSESSMENT APPEAL - PROJECT #381 There was discussion concerning the proposed settlement of a claim by Borchert Ingersoll to commence an action appealing storm sewer improvements under Project #381. Smith moved, Egan seconded the motion to authorize settlement of up to $18,500.00 based upon the information submitted by the Public Works Director and City Attorney. All voted in favor. GOODWILL BOX - FIRE ADMINISTRATION BUILDING There were concerns among the City Councilmembers regarding the piles of debris around the Goodwill box from time to time in recent months. Blomquist moved, Wachter seconded the motion to direct the staff to contact Goodwill Industries and request that the deposits be removed on a more regular basis, or that the Goodwill box be removed because of the blighted appearance in the area. All voted in favor. 15 Council Minutes September 16, 1986 DEERWOOD DRIVE - PROJECT #455 - CONDEMNATION SETTLEMENTS The City Attorney's office submitted a schedule of proposed settlements covering 7 of the 9 property owners against whom condemnation had been commenced in the Spring of 1986 on Deerwood Drive under Project #455. Negotiations had taken place and tentative settlements had been reached covering the following: Parcel 010-05 - TXI, Inc. (Dunn) - $4,200.00 pursuant to the City's appraisal; Parcel 020-03 - TXI, Inc. (Dunn) - $4,950.00 pursuant to the City's appraisal; Parcel 010-08 - Henry Franz - $1,050.00 pursuant to the City's appraisal plus $300.00 appraisal fee. Parcel 010-07 - Todd Franz - $3,250.00 per City appraisal plus $300.00 appraisal fee pursuant to Statute; and $450.00 for,any and all damage to owner's vehicle due to road construction. Parcel 030-03 - George Dougherty - $5,650.00 paid pursuant to the City's appraisal. Parcel 010-78 - Anna Heuer - $800.00 pursuant to the City's appraisal plus $300.00 appraisal fee. Parcel 010-77 - Elmer Heuer - $2,200.00 consisting of $1,250.00 (City's appraisal); $950.00 damage to future lot; and $300.00 appraisal fee. After review, Egan moved, Ellison seconded the motion to accept the recommendation of the staff and authorize settlement according to the schedule above. All councilmembers voted affirmatively. CHECKLIST Egan moved, Wachter seconded the motion to approve the following Checklist dated September 16, 1986 in the amount of $ 1,682,608_91 All voted yes.& August 31, 1986 in the amount of $368,666.21. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 1:30 a.m. All voted in favor. PHH Cit Clerk - 16