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10/06/1988 - City Council Regular MINUTES OF REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA October 6, 1988 A regular meeting of the Eagan City Council was held on Thursday, October 6, 1988, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustafson, and McCrea. Also present were City Administrator Tom Hedges, City Engineer Tom Colbert, City Planner Dale Runkle, and City Attorney James Sheldon. AGENDA Mayor Ellison requested the addition of the item regarding School District 196 referendum. He suggested placing the item before the Public Works Department. Gustafson moved, Wachter seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES September 19. 1988. Councilmember McCrea requested a change on page 18, paragraph 4, third sentence, should read "Mr. Colbert stated it was 410 feet and that it would not meet the requirement which is 610 feet." Councilmember Egan requested an addition on page 26, condition number 11, should read "The development is required to provide lighting which will protect the adjacent residential lots." Mayor Ellison requested an addition on page 21, condition number 3, should read "A variance for stovepipe lot widths shall be approved (Lots 3, 4, 5 and 6, Block 2) for two lots to be determined by staff." Egan moved, Wachter seconded, the motion to approve the minutes for the September 19, 1988, regular meeting as amended. All voted in favor. August 16. 1988. Attorney Stalland requested a change in the minutes regarding the Blackhawk Plaza median cut. He presented to the Council his proposed additions. He requested the Council approve the addition as he felt it would be helpful in the event of future litigation. City Administrator Hedges stated the minutes had been reviewed by the Council and approved. He informed the Council they could direct a change to the minutes and if they needed further consideration, that staff could do an additional review. Page 2/CITY COUNCIL MEETING MINUTES October 6, 1988 Mayor Ellison instructed the City Administrator to investigate the matter and to report back to the Council at its next regular meeting. Wachter moved, McCrea seconded, the motion to approve the minutes for the August 15, 1988, Special Meeting as presented. All voted in favor. Egan moved, Gustafson seconded, the motion to approve the minutes for the August 30, 1988, Special Meeting as presented. All voted in favor. Wachter moved, Gustafson seconded, the motion to approve the minutes for the September 13, 1988, Special Meeting as presented. All voted in favor. SCHOOL DISTRICT NO. 196/OCTOBER 18, 1988 REFERENDUM City Administrator Tom Hedges stated he had been contacted by the Superintendent of Schools, Dr. R. J. Rehwaldt, from School District No. 196 requesting that a member of the School Board share remarks concerning the upcoming October 18, 1988, referendum. He stated that Betty Fedde, a member of the 196 School Board, and Dr. Rehwaldt were present at the meeting to share a few comments regarding the referendum. Dr. Rehwaldt presented details of the referendum to the Council. He stated that the projections regarding enrollment were low and therefore, the District was in need of three new elementary schools. He explained to the Council that the elementary schools were the most pressing problem for the District at the present time. He stated that all communities within School District 196 are fast growing communities. He outlined the tax projections and stated the District appreciated the Council's support in the past. He urged support for the bond issue. Mayor Ellison stated he felt there was a need for the elementary schools and endorsed the referendum. He thanked Dr. Rehwaldt for his presentation. DAKOTA COUNTY 5-YEAR CAPITAL IMPROVEMENT PROGRAM Public Works Director Tom Colbert informed the Council the City had received a copy of the proposed 1989 Dakota County Capital Improvement Program for review and comment. He stated the portion identified as the City's share was an estimate based on the standard cost participation agreements used for the improvement of county roads. The City's proportionate share would be financed through a combination of municipal state aid funds, special assessments against Page 3/CITY COUNCIL MEETING MINUTES 011 -3 October 6, 1988 benefited adjacent properties and the major street fund. He outlined specific projects for the Council's information. Mayor Ellison questioned if there were any significant changes from previous years. Mr. Colbert stated there were no significant changes from the previous years. Councilmember Wachter requested that staff ask the County to work with the City on a right turn lane onto 35E. Mr. Colbert stated they had made the concern known to MnDOT and that staff would continue to pursue the matter. Mayor Ellison stated he was surprised that Cliff and Diffley would not be upgraded. Mr. Colbert stated the County was hesitant until 1989 and stated that he anticipated its inclusion at that time. The County requested more firm information from the traffic forecasting study. Gustafson moved, Wachter seconded, the motion to receive the Dakota County Proposed 5-year Capital Improvement Program. All voted in favor. COMPREHENSIVE WATER SUPPLY, STORAGE AND DISTRIBUTION PLAN Public Works Director Tom Colbert stated that copies of the proposed comprehensive plans were forwarded to the Council for their information and review on September 6, 1988. Further, on September 19, 1988, an executive summary prepared by the consulting engineer was distributed to the Council which helped to identify significant changes to the previous 1984 Comprehensive Plan. Consulting Engineer Bob Rosene updated the Council on the impact of the latest revisions. He stated that a master plan was essential for quality growth in Eagan. He highlighted the executive summary which had been provided to the Council. City Administrator Tom Hedges complimented Mr. Rosene and his firm on the report. Egan moved, Wachter seconded, the motion to approve the 1988 Comprehensive Water and Sanitary Sewer Plans. All voted in favor. FIRE DEPARTMENT Councilmember McCrea informed the Fire Chief that neighbors by Fire Station No. 5 were having problems concerning the lights from the station shining into their houses. Fire Chief Southorn stated that he had called the architect and they were working to resolve the situation. Page 4/CITY COUNCIL MEETING MINUTES October 6, 1988 CONSENT AGENDA A. Personnel Items. Police Officers - It was recommended to approve the hiring of Robert Jurgens, Bradley Ramthun, and Michael Schrader as police officers for the City of Eagan. Accounting Intern - It was recommended to accept the resignation of Kimberly Vitale, accounting intern. Substitute Park Attendant - It was recommended to approve the hiring of Kevin Duffy as a seasonal substitute park attendant. Administrative Intern - It was recommended to approve the hiring of Dan Mundahl as an administrative intern. B. Election Judges/General Election. It was recommended to approve the following list of election judges for the November 8, 1988, general election: DEMOCRATS REPUBLICANS INDEPENDENT Leo Amundson Lois Agrimson Karen Flood Cathy Brost Lynn Fieman Marilyn Holm Janice Merck Irene Dreidberg Suzanne Hoffman JoAnne Arbour Judy Allen Della Gangl Fran Bohn Sharon Astelford Ramona Broman Alyce Bolke Jenny Baker Joann Bloch Cathy Caflisch Terri Berksness Brian Malloy Evelyn Cota Rena Blomberg Judy Peterson Marte Dehler Georgia Cummings Bernice Witter Edith Drake Gloria Czycalla Rita Dandurand James Driscoll Ellen Engquist Ann Ouradnik Jean Fontaine Sandy TenNapel William Reid Jan Giefer Karen Factor Harold Peterson Lorraine Reiger Laurel Graves Robert Manning Al Jarvi Emily Medin Helen Jarvi Mildred Hartelben Anna Lou Arneson Marge Jacobs Beatrice Cooper Patti Benjamin Patricia Raeder Nancy Hendren Mildred J. Beck Nancy Jarvi Mary Kellner Marilyn McNurlin Duane Petrie Tracy Jones James Kennedy Aurelia Peterson Dorothy LeMay Marilyn Porter Stella Lundquist Lisa Laramee Julia McNurlin Mary Jane LaRock Page 5/CITY COUNCIL MEETING MINUTES October 6 , 1988 Dorothy Peterson Phyllis Ligman Donna Quinn Zella Mirick Pat Rask June Nelson Lori Regan Sandra Nelson Carolvenia Richardson Barbara Nuttall Emily Rodich Sue Olson Martie Ruzicka Lyle Severson Sharon Scholler William Skar Ilene Hazel Nancy Strom Helen Kennedy Ruth Sydow Geraldine Knutson Sara Tidrick Judy Kazda Rose Vimr Eleanor Piepho Arlene Sheldon Judy Mundahl Laura Nichols Doug Nicolay Molly Elder Robin Copeland Marth Ann Guetzlaff Carolyn Thurston Marie DesLauriers Pauline LeGendre Barb Edgerton Orlean Garness Carol Vihovde Kay Dodge Marie Lane Sharon Hanson Neal Black Janet Billings Doris Vogt Claire Duren Jean Kimber Marquerite Friegang Gladys Byrnes Eleanor Grimmer Jim Bartholomew Barb Schreiner Julia Bartholomew Annette Heuer Joan Bohlig Geraldine Hrimnak Eleanor Bruce Vivian Jackson Adeline Buehler Charlene Krusell Darlene Formanack Andrina Kuechle Joanne George Bob Olson June Ketcham Sharon Orth David Klefsaas Julianne Keller Kay Kolehmainen Oliver McCulloch Avis Kriebel Kirsten McCleary Marcia Miller Barb Shields Jan Kuehn Anne Sullivan Nancy Lee Ruth Twomey Marilyn Legler Joan Uselmann Pearl LeMieux Elinor Villelli Ruth Lilley Tony Villelli Judith Miller Irene Wachtler Mark Olson Walter Lawrence Aurelia Poppler Janet Schuetze Mary W. Teske Kathleen Daly Marvel Thorne Christine Johnson Ethel Groff Nancy Gibbs Linda Wagner Stephanie Thorson Roseann Zinn Joyce Unten Sonya Larson Julianne Keller Joyce Senecal Page 6/CITY COUNCIL MEETING MINUTES October 6. 1988 Betty Woody Lynn Prazak Elaine Jones Iona Ray Lynn Thompson C. Certificate of Correction for Bur Oak Hills 2nd Addition Plat. It was recommended to adopt a Certificate of Correction for Bur Oak Hills 2nd Addition plat as presented. D. Proclamation. Declare Week of October 16 as National Business Womens Week. It was recommended to proclaim the week of October 16, 1988, as National Business Womens Week. E. Project 555, Receive Petition/Authorize Feasibility Report and Detailed Plans (Kingswood 2nd Addition - Streets and Utilities). It was recommended to receive the petition and authorize the preparation of a feasibility report for project 555 (Kingswood 2nd Addition - Streets and Utilities). F. Contract 88-35, Receive Bids/Award Contract (Stratford Oaks and Hidden Valley) . Public Works Director Tom Colbert informed the Council the matter should be continued until the October 18, 1988, Council meeting. G. Contract 88-36. Receive Bids/Award Contract (Country Hollow 2nd Addition and Eagandale Center Industrial Park Third Addition. It was recommended to receive the bids and award Contract 88-36 (Country Hollow 2nd Addition and Eagandale Center Industrial Park 3rd addition) and authorize the Mayor and City Clerk to execute all related documents. H. Approve Final Plat - Lexington Pointe 3rd Addition. It was recommended to approve the final plat for the Lexington Pointe 3rd Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.74 I. Approve Final Plat. Bur Oak Hills 2nd Addition. Public Works Director Tom Colbert stated the matter should be continued indefinitely as there were problems with MnDOT. Page 7/CITY COUNCIL MEETING MINUTES October 6, 1988 J. Approve Final Plat, Hidden Valley Addition. It was recommended to approve the final plat for the Hidden Valley Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.75 K. Approve Final Plan, Country Hollow 2nd Addition. It was recommended to approve the final plat for Country Hollow 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.76 L. Approve Extension to Cooperative Snow Removal Agreement with Inver Grove Heights for the Bur Oak Hills Addition. It was recommended to approve the extension of the Cooperative Snow Removal Agreement between Eagan and Inver Grove Heights until September 30, 1989. M. Approve Form and Schedule and Authorize Issuance of Request for Proposal for Banking Services. It was recommended to approve the form, schedule and authorize issuance of request for the proposal for banking services. N. Vacate Portion of Right-of-Way. Receive Petition/Order Public Hearing - Safari Pass. It was recommended to receive the petition for vacation of Safari Pass and a portion of MnDOT right-of-way plat number 19-14 and schedule a public hearing for the November 1, 1988, City Council meeting. 0. Project 556. Receive Petition/Order Feasibility Report (Potts Addition - Sanitary Sewer Services). Public Works Director Tom Colbert stated he had received a request from the petitioner to include in the feasibility report water services. It was recommended to receive the petition and authorize the preparation of a feasibility report for Project 556 (Potts Addition - Water and Sanitary Sewer Services). P. Approve Final Plat, Community of Joy Church Addition. It was recommended to approve the final plat for Community of Joy Church Addition and authorize the Mayor and City Clerk to execute all related documents. R-88.77 Page 8/CITY COUNCIL MEETING MINUTES October 6, 1988 Q. Contract 88-38. Receive Bids/Award Contract (Pilot Knob Park - Rink Lighting). Councilmember Egan questioned if the Park Department had sufficient funds in their budget to cover the $14,850.00. Steve Sullivan stated that it was from the park bond fund. Councilmember McCrea stated she felt it was a large amount for lights. Mr. Sullivan stated they received competitive bids and that the amount also covered restoration. Mr. Egan stated he felt they should anticipate the costs before the bids. Mr. Sullivan stated the cost was between $1,000.00 and $1,500.00 higher than they had anticipated. It was recommended to receive the bids and award Contract 88-38 (Rink Lighting for Pilot Knob Park) and authorize the Mayor and City Clerk to execute all related documents. R. Contract 88-12., Approve Change Order No. 1 (Eagan High School Utility Improvements). It was recommended to approve Change Order No. 1 to Contract 88-12 (Eagan High School - Utility Improvements) and authorize the execution by the Mayor and City Clerk. S. Contract 86-20. Final Payment/Acceptance (Windtree 7t Addition - Utility and Street Improvements). It was recommended to approve the eighth and final payment for Contract 86-20 (Windtree 7th Addition - Utility and Street Improvements) to Lake Area Utilities, Inc., in the amount of $1,043.11 and accept the project for perpetual City maintenance. T. Contract 86-X, Final Acceptance (Lexington Place South 3rd Addition - Utility and Street Improvements). It was recommended to approve the final acceptance of City Contract 86-X (Lexington Place South 3rd Addition - Utility and Street Improvements) for perpetual City maintenance. U. Final Acceptance. City Project 86-TT (Briar Oaks of Apple Valley - Sanitary Sewer Improvements). It was recommended to approve the final acceptance of Project 86-TT (Briar Oaks of Apple Valley - Sanitary Sewer Improvements) for perpetual maintenance by the City. Wachter moved, Gustafson seconded, the motion to approve the foregoing consent agenda items as amended and authorize their implementation. All voted in favor. 9~ „r4 ~ 1. i. Page 9/CITY COUNCIL MEETING MINUTES October 6, 1988 CONTRACT 88-39/TRAIL ON RAHN ROAD Mayor Ellison opened the first public hearing of the evening to consider the bituminous trail installation on Rahn Road south of Diffley to Shale Lane. Steve Sullivan updated the Council on the proposed trail alignment. He displayed graphics of the proposed trail. He stated the right-of-way had been staked. The funding for the project would come from the designated dollars for trail construction within the Parks bond fund or could be ear-marked from the Parks site fund. He further stated there should be no assessments or related development costs to the individual property owners. Paul Noterman, 4374 Rahn Road, presented to the Council a petition from residents in the area. The petition urged rejection of the trail. Todd Stone, 1992 Shale Lane, voiced his opinion that the path should be as far west as possible. He questioned when the trail would be built. Mr. Sullivan informed him it could be completed the fall of 1988. Mr. Stone asked the Council to wait until Rahn Road was improved. He had concerns regarding dogs and maintenance. Mayor Ellison questioned if the City would maintain the trail. Mr. Sullivan stated the City would sweep and repair any damage to the trail. Norm Sheenlan, 1989 Shale Lane, encouraged the Council to move the trail as far west as possible. He questioned the eight-foot width. He felt the trail should be built after the road is widened. He stated he supports the trails but questioned the timing. Mayor Ellison questioned if it would be cost-efficient to wait until the road was widened. Mr. Colbert stated it was a possibility but he did not believe the delay would save a significant amount of dollars. Councilmember Egan questioned if there was any reason the trail may need to be relocated in the future. Mr. Colbert stated that if Rahn Road were upgraded, the trail would still provide a seven-foot boulevard. Debra Noterman, 4374 Rahn Road, stated she felt the path was too close to the homes in the area. She had concerns regarding safety and the decreased property values. She urged inspection of the site and questioned the width of the trail. Mr. Sullivan stated that an eight-foot width trail was required for safety purposes for bike trails. Bob King, 4370 Rahn Road, stated he felt he had been deceived about the property he purchased. He stated the value will be reduced and that the benefit will not outweigh the negative aspects. Page 10/CITY COUNCIL MEETING MINUTES October 6 , 1988 Ann King, 4370 Rahn Road, was concerned about trash and litter in the front yard. She had further concerns regarding the loss of trees and safety. She stated she felt the City should spend funds on other projects. Councilmember Gustafson asked if trees would need to be removed. Mr. Sullivan stated he was unsure of the specifics. Further discussion was held regarding tree locations. Mr. Colbert stated an exact survey had not been done, but that the City could try and relocate the trail to save trees, or relocate the trees, if possible. Councilmember Gustafson questioned if front yard privacy fences were prohibited in Eagan. Mr. Colbert stated they were prohibited. Councilmember Wachter questioned if the right-of-way from the front of homes was 30 feet. Mr. Sullivan stated at least 30 feet. Councilmember Egan questioned the requirement for boulevard between trail and property. Mr. Colbert stated the requirement was 21 feet. Mayor Ellison stated that this would provide a minimum of 51 feet with setbacks. Councilmember Wachter stated Eagan has many trails. He stated all of the trails are eight feet in width. Councilmember Egan stated it has been the standard width for eleven years. He further stated that any system should be implemented to provide intended use. He felt sidewalks would not serve the purpose and stated that the City looks to the entire public as to their feelings to a trailway system. The community clearly supported the multi-use trailway system. He felt the system must be complete or the City should not build it at all. He stated it takes time to complete but eventually the whole system would work well. He stated the system would be clean, safe and well-maintained and he strongly supported the system and stated the public has supported it also. He felt that it was a fine asset to the neighborhoods. Councilmember Gustafson had concerns regarding the width of Rahn Road and the boulevard. Mayor Ellison stated he was a solid supporter of the trailway system and that Eagan has more children than any other metropolitan area. He stated trailways provide safety as it was not safe for children to be on busy collector streets. He stated that a citizen survey had been conducted and they support the trails by over 90%. The public had concerns regarding the school location. Mr. Wachter stated the trail would be safer. Mayor Ellison questioned if the right-of-way was more narrow on the other side of the street. Mr. Colbert stated it could accommodate a sidewalk but trailways were not for walking. Mr. Wachter stated the trees would also be impacted on the other side. Mr. Gustaf son stated he was concerned regarding the misrepresentation of the home salesman. He further stated the trail was on City property, not the property owner's front yard and he would favor moving the trail seven feet closer to the existing Page 11/CITY COUNCIL MEETING MINUTES r~r rn October 6, 1988 street. He supported the trailway system. Mayor Ellison stated he felt it would be a double expense to move the trail. Mr. Egan agreed with him. Wachter moved, Egan seconded, the motion to close the public hearing and approve the recommendation of the Advisory Parks and Recreation Commission that the City proceed with the bituminous trail from Diffley to the existing Highline Trail south of Shale Lane. All voted in favor. PETITION/WOOD GATE SIDEWALK/TRAIL/PROJECT 524 Mayor Ellison opened the public hearing regarding the petition for sidewalk and trail to Project 524, Johnny Cake Ridge Road. City Administrator Tom Hedges stated that at the June 21, 1988, City Council meeting, the extension of Johnny Cake Ridge Road to Diffley Road including the installation of a trailway/sidewalk was approved. Residents of the Wood Gate subdivisions, had signed a petition informing the City that they are opposed to the proposed construction and permanent installation of a trailway/sidewalk. He further stated that according to the Director of Parks and Recreation, the proposed trailway alignment adjacent to Johnny Cake Ridge Road, is integral to the over all trail master plan. Steve Zender, 4558 Johnny Cake, presented the petition to the City Administrator. Henry Jenkers, 1375 Walnut Lane, questioned the location, design, and the benefit of the trail to Eagan. He stated people do not use trails and asked why there were no sidewalks in front of Councilmember Wachter's house. He stated all local residents were opposed to the trail. Councilmember Wachter stated a sidewalk was never proposed in front of his house. Olga Zender questioned the setback requirements and the ordinance for trailway assessments. She urged rejection of the proposal. Councilmember McCrea questioned if the trail would be 15 feet from the door. Mr. Colbert stated the east right-of-way is a total of 50 feet; 49 feet from curb to home. Councilmember Gustafson clarified the setback requirements. John Vohn, 1670 Mallard, informed the Council that he had spent a lot of time and effort to landscape and it would now be destroyed by the project. He questioned who was responsible for the mistake. Mr. Sullivan stated the trail system plan had been in existance since 1983. City Administrator Tom Hedges stated that when a City is platted, public right-of-way is provided to the City and that from time to time the City sends newsletters to the homeowners informing them it is their responsibility to know their property lines. He further stated that the City works with the developers. Mr. Vohn - Of Page 12/CITY COUNCIL MEETING MINUTES October 6, 1988 stated that the residents that are directly impacted are opposed to the project and he urged the Council to reconsider the matter. He questioned the validity of the survey. Jan Penore, 4464 Woodgate, informed the Council he was a representative for the Woodgate Four Homeowners Association. He questioned the location of the electrical, cable, hydrants, etc. and how the trail would bypass them. He had questions regarding the assessments for the townhouses. Mr. Colbert stated the hydrants or electrical boxes could not be relocated and that the trail had not yet been designed. He stated the assessments were based on zoning classifications. He further stated the trailways were for all City residents. Mayor Ellison questioned the townhome distance from the road. Dan Funk, 1779 Walnut Lane, stated he felt there was discrimination against multi-residential residents. Mike Wilcox, 1785 Walnut Lane, questioned the master plan in regard to the townhouses. Mr. Colbert stated there would be no assessments if there was no multi-zoning. He stated the law provides for that type of assessment policy. Mr. Hedges stated that copies of the master plans were available for residents. City Attorney Jim Sheldon stated that Minnesota law requires similar pieces of property be assessed similarily. He stated the City had done that and had given reasonable reasons. He further stated that the Court would uphold assessments that provided property benefits to the amount of the assessment. Mayor Ellison asked for a show of hands for those who were in opposition to the trail. Councilmember McCrea asked for a show of hands for those who owned single family homes fronting on Johnny Cake. Councilmember Gustafson stated the Council represented the entire City and that the vast majority of the residents may not live on the trail and he was uncertain how to weigh that. Councilmember Egan stated that the professional poll which had been conducted indicated an overwhelming support of the trailway system. He further stated the system was under-utilized because the trail was incomplete at the present time. He stated that if gaps exist, this system would fail. Councilmember Wachter informed the public that the report from the Park Director was available. He further stated that the park and trailway system was approved by bond referendum and that the Council had an obligation to the public. Mayor Ellison stated he supported the trail system and that the proximity on Johnny Cake was closer than Rahn Road. He hoped the Page 13/CITY COUNCIL MEETING MINUTES October 6, 1988 trail could be zig-zagged to save the existing trees. Councilmember McCrea had concerns about the mature trees in the area and stated it was important to save as many trees as possible. Councilmember Wachter stated the engineers would present options to the Council regarding the trees. Mayor Ellison stated he appreciated beautification of the right-of-way. Councilmember Egan noted that most signatures on the petition were opposed to the assessment. He felt that a sidewalk over the trail would not solve the problem. Mayor Ellison noted that no action was necessary by the Council on the matter because of prior approval. He further stated the hearing was closed and that there were no changes to the project and that the project would stand as previously approved. PRETTYMAN HEIGHTS/SIBLEY HILLS DRIVE/STREETS AND UTILITIES Public Works Director Tom Colbert informed the Council that on August 16, 1988, the Council had received the feasibility report for the project and scheduled a public hearing to be held on September 19, 1988. That public hearing was continued until October 6, 1988, to insure proper notification of all potentially affected property owners. He further stated all notices had been published in the legal newspaper and sent to all potentially affected property owners informing them of the public hearing. Peter Willenbring, Consulting Engineer, presented the feasibility report for the project to the Council. He updated the Council on the location, the assessments, and the improvement costs. He further stated that MnDOT may participate if the City accepts the turnback of the roadway portion. Councilmember Wachter questioned the assessment for the homeowners abutting Highway 13. Carl Glewwe, 2886 Sibley Hills, read his letter dated October 1, 1988, to the Council. Six questions were posed in the letter. Mr. Colbert addressed question 1 from his letter and stated that the grades prohibited the final construction of the street. Councilmember Wachter questioned the length of the cul-de-sac. Mr. Colbert stated it was 650 feet. In response to the remaining five questions posed in Mr. Glewwe's letter, Mr. Colbert responded as follows: 2 - He stated that Parcel 020-56 is included for street improvements. Page 14/CITY COUNCIL MEETING MINUTES October 6, 1988 3 - He stated the reverse was true; the projects relating to the upgrading of Skyline Drive and Auge Road was contingent on this project. 4 - He stated it was a requirement of the final plat approval and needed for the increased traffic. 5 - He stated it was required by MnDOT. 6 - He stated it was a viable option of the property owner. Donald and Mary Lou O'Hern, 2888 Sibley Hills, objected to the project and stated that they felt the assessments were too high. They felt they should not be based on front footage. Mr. Colbert stated the City could assess on an area rather than front footage basis. Mr. O'Hern questioned why Prettyman was assessed so low. Mr. Colbert stated he would still have to install utilities to those lots. Joe Kurhajetz, 2850 Sibley Hills, presented a petition from the neighbors to the Council. (Copy of letter attached to minutes as Exhibit A). Mayor Ellison stated he felt that one access would be better for safety reasons. Mr. Kurhajetz stated the grade is difficult to get up. Councilmember Egan asked for details regarding the proposed grade. Mr. Willingbring stated there was no specific information available at that time. Mayor Ellison asked what the City maximum was. Mr. Colbert stated 10% if it is a secondary access. Valerie Heller, 1475 Skyline, voiced her concerns regarding the project and stated she felt the project was short sighted. She felt the area should be developed correctly. Mayor Ellison agreed that the entire area should be considered. Council member Egan stated there will be pressure to the east and that the rest of Skyline may need to be upgraded. Don Prettyman, 1480 Skyline, stated Skyline would be upgraded and questioned the assessment formula. He stated there was no benefit from the access to Highway 13. He further questioned future assessments and felt they should be on a pro-rata basis. Mr. Colbert stated that any participation by MnDOT would reduce the assessment but the assessment would still be on a square foot basis. Mayor Ellison questioned if Prettyman would pay for the future upgrade of Skyline. Mr. Colbert stated it was a possibility but that it was difficult to determine the assessment method for the remaining portion in an equitable manner. The developer stated that the City would benefit and that they should bear some of the expense. Page 15/CITY COUNCIL MEETING MINUTES October 6, 1988 Marv Coast had concerns regarding access, assessments, and the grade. Bob Murray, 2852 Sibley Hills, stated the airport noise was a problem and he felt he would receive no benefits from the project. He did not understand the high rates and felt the burden should be put on the developers. Mayor Ellison stated that he understood there could be no assessments if there was no benefit to the property owners. Mr. Sheldon stated he was correct. Dick Lagrue, 2910 Sibley Hills, stated he felt the streets should remain open. Warren Anderson, 1565 Rustic, stated he had to pay the cost and that everyone else should also. He felt the grade was too steep. Councilmember Egan questioned if there was a chance to use a north access. Mr. Willingbring stated the south access would reduce the cost. He stated MnDOT would contribute to the project and so it may be possible to expand it to the north in lieu of the south. Mr. Colbert stated MnDOT doesn't care whether it is a north or south access but they would only allow one access. Elaine Greer, 1428 Skyline, stated her property would receive no benefit from the project and she felt the project was unfair. Ann Stausser, 1568 Rustic, had concerns regarding access and safety. She questioned MnDOT's committment and stated she felt the assessments were too high as she would receive no benefit. Richard Glass, 1570 Russell, stated he was opposed to the project as it was unnecessary and felt the cost did not equal the benefit. He further stated even the developer did not want the project and he felt the proposal was not well thought out. Councilmember Egan asked for a clarification of the costs. Mr. Colbert explained the costs to the Council. Gordon Oldrey, 2882 Sibley Hills, questioned the ownership of an area and also questioned the sewer assessments and the steep grade. He stated he had concerns regarding safety. He questioned the size of the Prettyman lot. Fred DeLosch, Auge Road, questioned what would happen to Auge Road. Mr. Colbert stated it would remain the same with this project. Councilmember Wachter had questions regarding Parcel 020-56. Mr. Colbert stated the parcel would be assessed. Mr. Wachter stated he felt the problem regarding the two accesses must be solved. He questioned if the south access could be closed and keep the north Page 16/CITY COUNCIL MEETING MINUTES October 6, 1988 access open. At that point, the public voiced a strong opposition to the suggestion. Councilmember Egan asked Mr. Prettyman what his objection was regarding the connection of the Ridge Haven cul-de-sac. Mr. Prettyman stated it would eliminate two of his best lots. Mr. Egan stated he was concerned with the O'Hern assessment as it was proposed. He stated if it was on a front footage basis, the assessment would be less for Mr. Prettyman. The developer stated the City was the only party that wanted the parcels linked. Councilmember McCrea questioned why Sibley Hills Drive was chosen. Mr. Colbert stated that the additional traffic would require an improved access. He further stated that the public had objected to Skyline at the initial hearings. The developer stated it was a matter of time before Skyline was developed. Mr. Colbert agreed and stated that he had mentioned that at the initial hearings. Councilmember Egan noted that the parcels along Skyline have enormous frontages and the families are on fixed incomes. The developer stated it will happen some day anyway. Mr. Colbert stated that Skyline would have a cul-de-sac effect. Mayor Ellison stated that no one wants to pay assessments but that the Council would have to look at the long term interest of the neighborhood. He further stated the cost should be shared on an area basis and that Skyline should be done now. Councilmember Egan questioned if it was too late to require escrow funds. City Attorney Jim Sheldon stated that Prettyman has a preliminary plat subject to this project. He stated that if the project was not approved, there would be no preliminary plat. He felt funds should not be escrowed for a future project. He further stated that the City Council had the authority to determine assessment procedures and that the Council could assess on an area basis as long as they had a rational reason. Mr. Colbert stated he felt funds should not be escrowed but that the project should be built. Councilmember Gustafson stated he felt there was a need to improve Skyline and Sibley (or Ridge Haven). He stated he felt there was a need for a through connection and that all property owners should be assessed on an equitable basis. Councilmember McCrea suggested upgrading Skyline and leaving Sibley alone at the present time. Mayor Ellison stated that no matter which area it was, people would use unimproved roads. McCrea stated that people do not use Highway 13 as it is a hassle. Councilmember Gustafson stated he felt there was a need for a through road for future development. Councilmember Egan felt it would be a long Page 17/CITY COUNCIL MEETING MINUTES October 6, 1988 cul-de-sac. Councilmember Wachter stated he felt Sibley would be used for at least three seasons. McCrea stated it could be upgraded and not go through. Councilmember Wachter stated the situation goes back to the township days of Eagan and that the problem must be resolved. Egan felt the whole area should be linked together and that perhaps there could be senior citizen deferments. Mayor Ellison felt that a through connection would be the best option and stated there should be a connection from Ridge Haven. The developer stated he felt there would be objections to that and he would rather not connect. Councilmember Egan stated he felt it was the toughest parcel in Eagan to develop and that the Council must be fair and equitable. He further stated there were two issues; one being the feasibility and the other being assessments. He further stated there were many inequities but that they could be worked out and that there must be a connection. Councilmember Wachter questioned access to Lone Oak. Mr. Colbert stated there was no public access and that it would require condemnation. Mayor Ellison suggested continuing the matter. Egan suggested a study on a proposal to develop Skyline that is feasible to the City. Public Works Director Tom Colbert suggested continuing the public hearing to expand the project to include an upgrade to Skyline and also to review equitable assessment methods. Mayor Ellison questioned how long the matter should be continued. Mr. Colbert suggested 45 days with a second meeting in November and the public hearing in December. Egan moved, Gustafson seconded, the motion to close the public hearing and to continue Project 543, Prettyman Heights/Sibley Hills Drive Extension - Streets and Utilities, to the November 15, 1988, City Council meeting. All voted in favor. EAGANDALE CENTER INDUSTRIAL PARK 3RD ADDITION - PHASE 2/STORM SEWER AND WATERMAIN Public Works Director Tom Colbert informed the Council that on September 6, 1988, the Council had received the feasibility report for the project and authorized the public hearing to be held on October 6, 1988. He further stated all notices had been published in the legal newspaper and sent to all potentially affected property owners informing them of the public hearing. In addition, personal contact had been made with the two adjacent property owners and the developer reviewing the impact of the project on their property. Page 18 CITY COUNCIL MEETING MINUTES October 6, 1988 Mark Hanson, consulting engineer, updated the Council on the location, types of improvements, the layout, assessments and the cost of the project. Max Steiner, Parcel 010-26, objected to the assessments. He stated he had a problem with the ten inch water line and felt there would be no benefit to his property as he would not use it. Mayor Ellison asked if he had an objection to the layout. Mr. Steiner stated it did not make sense. Mayor Ellison stated he should object to the assessment at that hearing. Marv Rahn, 3050 South Lexington, objected to the project. Bob Worthington (Opus) supported the project. Egan moved, Gustafson seconded, the motion to close the public hearing and approve Project 552 (Eagandale Center Industrial Park 3rd Addition, Phase 2 - Storm Sewer and Watermain). All voted in favor. POLICY 86-3 AND POLICY 82-2/SPECIAL ASSESSMENT Public Works Director Tom Colbert explained Policy 86-3 (Large Unplatted Property - Postponement of Special Assessments) and Policy 82-2 (Existing Land Use Versus Zoning) to the Council. Wachter moved, Egan seconded, the motion to close the public hearing and adopt Policy 86-3 and revise Policy 82-2 as presented. All voted in favor. PROJECT 467, WESCOTT ROAD, LOTS 20, BLOCK 1, LEXINGTON SQUARE ADDITION Public Works Director Tom Colbert stated that based on the improvements completed which intercepts the public drainage and conveys it to an underground storm sewer system instead of the previous situation where drainage was discharged directly onto the property, the staff felt that the assessment was properly levied at a uniform rate equally over all similar zoned properties and provided a benefit in the amount proposed. He further stated that it is staff's recommendation that the original assessment be reaffirmed. Mayor Ellison cautioned the public about rehashing the subject before the Council. Mr. Colbert stated there were three options: 1. Reaffirm the original assessment; 2. Accept the special assessment recommendation; or 3. Establish a new plan. Page 19/CITY COUNCIL MEETING MINUTES - 17 October 6, 1988 Egan moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for Project 467 (Wescott Road) as it pertains to Lot 20, Block 1, Lexington Square as recommended by the Special Assessment Committee, and authorize its certification to the County. All voted in favor. PROJECT 450, WILLIAMS AND LARUE FIRST ADDITION (PARCEL 10-01400-030-53) Public Works Director Tom Colbert stated that with the proper application of Special Assessment Policy 82-4, the staff felt that the assessment was properly calculated and allocated to all benefited properties consistent with all other special assessment policies pertaining to trunk area storm sewer. He further stated that it was staff's contention that the property benefits by the referenced amount by having a controlled storm sewer outlet provided for the ponding area that incorporated a portion of Mr. Braatland's property. Therefore, staff recommended that the original assessment be reaffirmed. Kelmer Braatland stated he had no written objection, however, he did object to the project as he received no benefit from the assessment. Mr. Colbert explained the project and the benefit to the Council. Mrs. Braatland stated they own five acres. Mr. Colbert stated the City did not assess to the middle of the road. McCrea moved, Egan seconded, the motion to close the public hearing and approve the final assessment roll for Project 450 (Williams and LaRue First Addition) as it pertains to Parcel 10-01400-030-53, as recommended by the Special Assessment Committee, and authorize its certification to the County. All voted in favor. PROJECT 467, WESCOTT ROAD (PARCEL 10-01400-030-53) Public Works Director Tom Colbert informed the Council that staff felt that the original assessments were justified and they provide adequate benefit to the property in the amount of the assessment. However, in accordance with past assessment policies, the staff concurred with the reduction in the assessment to be levied subject to the property owners' execution of the related agreement. He further stated the staff felt that this properly reduced the assessment burden until such time as full benefit from the improvement would be realized with a later potential subdivision of their property. Kelmer Braatland requested an explanation of the assessments. Mr. Colbert further explained the assessments and stated that the difference would be postponed until the land was subdivided or developed. Page 20/CITY COUNCIL MEETING MINUTES October 6, 1988 McCrea moved, Egan seconded, the motion to close the public hearing and reaffirm the original final assessment roll for Project 476 (Wescott Road) as it pertains to Parcel 10-01400-030-53 and authorize its certification to the County. All voted in favor. PROJECT 444R, HOLLAND LAKE STORK SEWER (PARCEL 10-02600-011-52) Public Works Director Tom Colbert stated that the improvement that was installed handles the storm water runoff from the subject property through the City's trunk storm sewer system all the way to the Minnesota River. He further stated proper credits were applied for potential future right-of-way and easement dedications if and when the property should ever develop. He stated it is properly assessed in accordance with City policies and procedures and the current zoning and use of the property. However, due to the fact that the City's appraisal report indicated that the increased market value is less than the proposed assessments, it was staff's recommendation that the proposed final assessment be reduced to $9,500.00. Martin DesLauriers objected to any assessment as he stated there was no benefit to his property. He stated his property had lost value. He distributed a handout to the Council and showed the location. He stated he felt the property would be flooded and further explained reasons for his objection. He requested deferment until the holding pond was defined. Mr. Colbert stated the storm sewer plan locates 340 drainage areas. He further stated the City was not in need of it now, but that upon saturation it may be needed. He stated the plan would be revised in the future but he did not know what the future would bring. He outlined the benefit to DesLauriers' property. Councilmember Egan questioned how the assessment would be abated. Mr. Colbert stated by agreement. He stated the real issue was how much of the area should be included and that at the present time, he was uncertain of that amount. He stated he would need to see the development proposal and he would prefer to postpone, not abate. Mr. DesLauriers stated it was not acceptable to him to just postpone the matter. Much discussion was held regarding the ponding. Councilmember Egan questioned that if the City would abate, if there would be a need for a ponding area. City Attorney Jim Sheldon stated there were two issues: 1. Benefit to the land now; and 2. Acquiring the ponding easement. Page 21/CITY COUNCIL MEETING MINUTES October 6, 1988 He stated the City should deal with the second issue at the time of the development. He further stated the appraisal amount was separate from the issue of the future development. Mr. DesLauriers reiterated his concerns. There was much discussion regarding the ponding and the assessments. Egan moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for Project 444R (Holland Lake Storm Sewer) as it pertains to Parcel 10-02600-011-52, as recommended by the Special Assessment Committee, and authorized its certification to the County. Wachter, Gustafson, Ellison and Egan voted in favor; McCrea voted against. PROJECT 460A, NICHOLS ROAD, PARCEL 10-03000-010-29 Public Works Director Tom Colbert informed the Council the affected property was properly assessed in accordance with its zoning classification, and opportunities to reduce the assessment in accordance with its present use were extended to the property owner. Therefore, it was the staff's recommendation that the original assessment be reaffirmed based on its zoning classification or that the reduced assessment be certified subject to the timely execution of the required agreements. Mr. Adelman stated that he agreed to the $4,500.00 amount but would not sign the agreement. He stated he would like the matter settled. He informed the Council that he had lived on the property for 29 years. Councilmember Egan informed Mr. Adelman that unless he took the step to re-zone, nothing would happen and that he had complete control of the matter. Mr. Egan explained the effect of the agreement. He stated it was a non-issue. Mayor Ellison stated he felt it was fair to tax commercial higher than residential. Mr. Colbert stated the agreement allows a way to find the exact amount if the use was changed. McCrea moved, Egan seconded, the motion to close the public hearing and reaffirm the final assessment roll for Project 460A (Nichols Road) as it pertains to Parcel 10-03000-010-29 and authorize its certification to the County. All voted in favor. PROJECT 460A, NICHOLS ROAD, LOT 1, BLOCK 2, CEDAR RIDGE 1ST ADDITION Public Works Director Tom Colbert informed the Council the assessments were properly calculated and allocated in accordance with adopted policies and procedures for all similar zoned-type property. Based on the appraisal by the City verifying an increase in market value at least equal to the amount of the proposed assessments, it was the staff's recommendation that the original assessment as proposed be reaffirmed. 1-ie' f:- Page 22/CITY COUNCIL MEETING MINUTES " yarn , October 6, 1988 Dick Schweim stated he had no direct access to Nichols Road and that the City built more road than was needed. Mayor Ellison questioned if there was a standard to assess front footage with no access. Mr. Colbert stated for commercial, there was. He stated access is allowed. Councilmember Wachter stated the ownership of the road had changed. Mr. Colbert stated access was available. The petitioner again argued there was no benefit to his property. Councilmember Gustafson questioned if the City was charging double if he already had access. Mr. Colbert stated no, he would have been obligated regardless of the access. Councilmember Wachter questioned if that when the plat was adopted, the road was planned. Mr. Colbert stated the road was planned at the adoption of the plat. Councilmember McCrea questioned if it was Schweim's responsibility. Mr. Colbert questioned who else would pay for the assessment. Mayor Ellison questioned if the City picked up oversizing. Mr. Colbert stated not on a commercial property. Councilmember Egan stated they should not change the zoning for assessment purposes. Mayor Ellison stated Nichols Road should have been upgraded and that the Council should abide by the assessment policy. Mr. Schweim stated he would be willing to pay one-half of the assessments. Egan moved, Wachter seconded, the motion to close the public hearing and approve the final assessment roll for Project 460A (Nichols Road) as it pertains to Lot 1, Block 2, Cedar Ridge 1st Addition, as recommended by the Special Assessments Committee, and authorize its certification to the County. All voted in favor. PROJECT 460A, NICHOLS ROAD, LOT 3, BLOCK 1, CEDAR RIDGE 1ST ADDITION Public Works Director Tom Colbert informed the Council the assessments were properly calculated in accordance with all appropriate special assessments policies and procedures for property of like zoning. He stated the corner lot parcel was similarly assessed to other corner lot properties located at other intersecting roads along the improvement. Based on the City's appraisal verifying that the increase in market value was at least equal to the amount of proposed assessment, the staff recommended that the original proposed assessments be reaffirmed. Harold Mason stated his property received no benefit from the road. Mayor Ellison questioned the zoning on the property. Mr. Colbert stated it was Limited Business. John Dean, FHA appraiser, questioned if the properties located at the end of the circle were being assessed. Mr. Colbert stated they were receiving no assessment as they had no access. Page 23/CITY COUNCIL MEETING MINUTES October 6, 1988 McCrea moved, Egan seconded, the motion to close the public hearing and reaffirm the final assessment roll for Project 460A (Nichols Road) as it pertains to Lot 3, Block 1, Cedar Ridge lst Addition, and authorize its certification to the County. All voted in favor. PROJECT 442 ALTERNATE, BECKER ROAD, LOT 4, BLOCK 1, LOREN PLACE Public Works Director Tom Colbert advised the Council that staff recommended that Special Assessment Policy 82-2 be made available to reduce the assessment obligation as referenced with the difference being postponed until a change in use at a later date. Further, he recommended that the application for senior citizens' deferment be approved which would defer the reduced assessment until the senior citizens' deferment ordinance. Egan moved, Wachter seconded, the motion to close the public hearing and approve the final assessment roll for Project 442 Alternate, (Becker Road) as it pertains to Lot 4, Block 1, Loren Place, as recommended by the Special Assessments Committee, and subject to Policy 82-2 and a senior citizen deferment, and authorize its certification to the County. All voted in favor. PROJECT 442 ALTERNATE, BECKER ROAD, LOTS 1 AND 2, BLOCK It KSTP ADDITION Public Works Director Tom Colbert explained to the Council that the assessments were calculated in accordance with past City policies and procedures uniformly against all similarly zoned property. However, because the apparent present use of the property is under-utilized from its allowable zoning, the City's appraisal had indicated that the increase in market value in its present state was only $25,000.00. Therefore, it was recommended that the proposed assessment be proportionately reduced according to the estimated increase in market value of $25,000.00 and that the remainder be postponed until such time that the property developed to a higher or more intense use which would then reactivate the postponed portion of the assessments. John Bannigan, Attorney, stated they had retained their own appraiser. He stated that $25,000.00 was acceptable, however, he recommended his client not sign the agreement. Egan moved, McCrea seconded, the motion to close the public hearing and approve the final assessment roll for Project 442 Alternate (Becker Road) as it pertains to Lots 1 and 2. Block 1, KSTP Addition, in the amount of $25,000.00, and authorize its certification to the County. All voted in favor. .4 7 ~ A Page 24/CITY COUNCIL MEETING MINUTES October 6, 1988 PROJECT 455, DEERWOOD DRIVE - PARCEL 10-02100-010-07 Public Works Director advised the Council that based on the information contained in the City appraisal and the availability of postponement of excessive assessments under Policy 86-3, it was recommended that the assessments be reduced to $8,147.56 subject to the execution of the appropriate agreements by the affected property owners within a reasonable time frame. John Bannigan, Attorney, provided written objections from property owners. He stated his appraisal indicated that Parcel 010-07 would benefit onlyby $8,500.00 and that the matter would be upheld in Court. Egan moved, McCrea seconded, the motion to close the public hearing and continue the final assessments for Project 455, Deerwood Drive, pertaining to Parcel 10-02100-010-07 to the October 18, 1988, City Council meeting. All voted in favor. PROJECT 455, DEERWOOD DRIVE - PARCEL 10-02100-010-08 Egan moved, McCrea seconded, the motion to close the public hearing and continue the final assessments for Project 455, Deerwood Drive, pertaining to Parcel 10-02100-010-08 to the October 18, 1988, City Council meeting. All voted in favor. PROJECT 455, DEERWOOD DRIVE - PARCEL 10-02100-011-77 Elmer Heuer voiced his opposition. McCrea moved, Wachter seconded, the motion to close the public hearing and continue the final assessments for Project 455, Deerwood Drive, pertaining to Parcel 10-02100-011-77 to the October 18, 1988, City Council meeting. All voted in favor. NO PARKING SIGN/TERMINAL DRIVE City Administrator Tom Hedges informed the Council that staff had received a petition from seven businesses on Terminal Drive requesting the Council to re-evaluate the total parking ban imposed within the entire Sibley Terminal Industrial Park as authorized by Council at the September 6, 1988, City Council meeting. Wachter moved, Gustafson seconded, the motion to reconsider the issue. All voted in favor. James Burman stated that his company hired seasonal employees and that they have a need of additional parking on the street. He requested clarification of the parking restriction. Mr. Colbert stated City Code requires off-street parking and that also it facilitates snow-removal. He stated the parking restriction had been Page 25/CITY COUNCIL MEETING MINUTES October 6, 1988 successful in the Eagandale Center Industrial Park. Mayor Ellison asked Mr. Burman if he had adequate off-street parking. Mr. Burman stated he did not and could not without major renovation. George Rodie stated he had many of the same parking problems as Mr. Burman. He asked if someone in the area had requested the restriction. Mr. Colbert stated the City did receive a request. Mr. Roady stated it is a 50-foot street and he saw no problem with the parking. Mayor Ellison questioned the number of cars on the street. Mr. Burman stated between 15 and 20. Mayor Ellison stated they may have out-grown the location. Mr. Colbert stated the issue was should business be allowed to use on-street parking when they have out-grown their site. Egan moved, Wachter seconded, the motion to remove the no-parking restriction for Terminal Drive as authorized on September 6, 1988, except where requested by the complaining business owner. All voted in favor. CERTIFICATION/1989 TAX LEVY City Administrator Tom Hedges reported that each year the City Council was required to certify property tax levies prior to October 15. As a result of several budget meetings and a public hearing, the levy of 1988 real estate taxes payable in 1989 was a grand total of $8,289,070.00. The total levy included general fund, road and bridge fund and debt service. He further stated the City's tax levy was projected to reduce the mill rate that was approved in 1987 and payable in 1988. Egan moved, McCrea seconded, the motion to approve certification to Dakota County of the 1988 general property tax levy payable in 1989 in the amount of $8,289,070.00 which represents an estimated mill rate reduction for 1989. All voted in favor. R-88.78 ASSESSMENT/BRITTANY 9TH ADDITION City Administrator Tom Hedges advised the Council that there are seven properties in the Brittany 9th Addition that had experienced in 1987 a notice to pay an annual installment of special assessments as a part of their property tax statement. Each of the seven properties had paid a sum of $18,610.50 into an escrow account for payment of special assessments with a closing agent when their properties were acquired. The closing agent, under the name Valley Closings, made payments on each of the properties in an amount sufficient to pay the interest charge and the first year installment on the principal of the special assessment, however, no additional payment had been made to either the County or the property owners. Unfortunately for the property owners, until they collect the principal and interest from the closing company for the special assessments, the County and City Page 26/CITY COUNCIL MEETING MINUTES October 6, 1988 will continue to levy the assessments based on a five-year assessment spread until the final payment is made to the City. Mr. Hedges stated he, the finance director and Mr. Jim Bratulich and Steve Devich (who are two of the seven property owners) met to discuss the issue. It was the recommendation of staff that the City Council consider a re-spread of the assessments to a longer period of time up to 20 years upon completion of an agreement with each property owner in which any recovery of special assessments would be used to re-pay the balance of the outstanding assessments. Mr. Hedges reported that Mr. Bratulich and Mr. Devich had asked the City to encourage Dakota County Attorneys' office to bring criminal charges against the closing company. Jim Bratulich requested assistance from the City Council and asked for an escrow period of 20 years. He further explained the situation to the Council. Mayor Ellison stated the Council would do what they could to assist the property owners. He expressed a concern regarding a precedent being set on the 20 years. Mr. Sheldon stated it was a cash-flow issue. Mr. Hedges stated the bonds had been sold and the seven properties would not affect the cash-flow. Councilmember Wachter stated he felt it would not establish a precedent as this was a unique situation. McCrea moved, Gustafson seconded, the motion to approve a 20 year assessment re-spread for Brittany 9th Addition with the understanding that an agreement with each property owner for which any recovery would be used to re-pay the balance of assessments would be prepared. All voted in favor. APPOINTMENT, CITIZENS' COMMITTEE/COMMUNITY CENTER PROJECT City Administrator Tom Hedges informed the Council that at one of the early joint planning meetings with the City Council and the Parks and Recreation Commission, it was determined that a special citizens' committee would be appointed by the City Council to work with the Advisory Parks and Recreation Commission staff and architect to review and react to preliminary planning issues relating to the proposed Community Center project. He stated it would be desirable to have a committee of approximately 12 to 20 persons. He further stated it is expected that the Committee would meet on a regular basis for approximately three to four months. The Committee would disband once the election for the bond referendum was held. Mayor Ellison questioned if citizens could join the Committee in the future. Mr. Hedges stated yes there was room for expansion. Councilmember McCrea stated she felt it was important that the members represent all neighborhoods. Wachter moved, Egan seconded, the motion to approve the appointment of a Citizens' Committee of the Parks and Recreation Department as follows: Page 27/CITY COUNCIL MEETING MINUTES October 6, 1988 John Keprios, Peg Bassett, Bob Smith, Daryl Rogers, Cheryl Caponi, Charlie Kinney, Melissa Sandeen, Cindy Landgdrebe, Carol Ann Wilson, John Ayotte, Lauren Nelson, Gary Pietig, Mark Tracy and Sue Votel. All voted in favor. WORK PLAN/ECONOMIC DEVELOPMENT COMMISSION City Administrator Tom Hedges advised the Council that the Economic Development Commission had regrouped to define a new work program by the establishment of objectives and of corresponding priority. Originally the Economic Development Commission was appointed to satisfy Star City requirements. He stated that objective had been met and during the months of March and April following the new appointments to the Commission, he had facilitated meetings in which the Commission developed a set of new objectives. Councilmember McCrea stated she felt it was great for the City to have an Economic Development Commission as it was nice for the community to know what was going on. She requested that a more detailed report regarding gathering data should be provided to the Council so the Council could use that information for guidance and direction. George Traynor agreed that the goals and objectives were vague but stated that within the next few months they would become more detailed. He further stated that some of the objectives were beyond their budget. He outlined the objectives to the Council. Mr. Hedges stated the Committee was very energetic but cautioned the Council that staff is limited as to the time it can devote to the project. McCrea suggested that the hiring of a Community Development Director may help. She further stated that business retention was also important. Gustafson moved, Wachter seconded, the motion to approve with modification the work plan for the Economic Development Commission. All voted in favor. Councilmember McCrea stated she felt the work plan was not detailed enough regarding the objectives and that it must be quantified. WAIVER OF PLAT/DENNIS SHAW City Planner Dale Runkle stated the Advisory Planning Commission had held a public hearing to consider a Waiver of Plat application submitted by Dennis J. Shaw to realign the common property line between Lots 5 and 6, Block 2, Blackhawk Glenn 2nd Addition, at their September 27, 1988, meeting. Action was taken by the APC to recommend approval. Currently, there are homes on both lots and the home Page 28/CITY COUNCIL MEETING MINUTEST October 6, 1988 located on Lot 5 does not meet the 10-foot side yard setback due to an error in the construction process. Gustafson moved, Wachter seconded, the motion to approve a Waiver of Plat for Dennis Shaw to relocate the property line between Lots 5 and 6, Block 2, Blackhawk Glenn 2nd Addition. All voted in favor. R-88.79 WAIVER OF PLAT/TOWN CENTRE 100 6TH ADDITION City Planner Dale Runkle reported to the Council that on September 27, 1988, the Advisory Planning Commission held a public hearing to consider a Waiver of Plat application submitted by Federal Land Company to relocate common property lines between Lots 1 and 2, Block 1, Town Centre 100 6th Addition. Federal Land Company requested a Waiver of Plat in order to relocate a property line between two buildings currently under construction along Town Centre Drive and Denmark Avenue in the Town Centre 100 Planned Development. The relocation of this property line of four feet to the south was required due to provisions in the Uniform Building Code with respect to minimum setbacks and building separation. He further stated that the APC recommended approval of the Waiver of Plat. Egan moved, Gustafson seconded, the motion to approve the Waiver of Plat as requested by Federal Land Company to relocate the property line four feet to the south of Lots 1 and 2, Block 1, Town Centre 100 6th Addition to satisfy building setback and separation requirements. All voted in favor. R-88.80 WAIVER OF PLAT/KRAFT, INC. City Planner Dale Runkle stated that a public hearing was held by the Advisory Planning Commission on September 27, 1988, to consider a Waiver of Plat application submitted by Kraft, Inc. for a lot split to allow individual ownership on Lot 2, Block 1, Eagandale Industrial Park No. 8. Kraft, Inc. was purchasing the southern 3.3 acres, Parcel B, of Lot 2, Block 1, Eagandale Industrial Park 8th Addition. The applicant was requesting that a Waiver of Plat be approved in order to split the lot into two parcels for separate ownership. He stated the APC recommended approval of the Waiver of Plat. Wachter moved, McCrea seconded, the motion to approve the Waiver of Plat for Kraft, Inc. for a lot split to allow individual ownership on Lot 2, Block 1, Eagandale Industrial Park No. 8. All voted in favor. R-88.81 VARIANCE/JAMES R. JENSEN City Planner Dale Runkle informed the Council that James R. Jensen Jr., Lot 6, Block 2, Lake Park Shores, requested a 2-foot Page 29/CITY COUNCIL MEETING MINUTES -in, October 6, 1988 variance to the side yard setback to allow a 24 toot by 24 foot garage addition to an existing house and garage. Mayor Ellison questioned the hardship. Mr. Jensen stated that mature oak trees would be lost and the roof line would look poorly. He further stated that the neighbors approved of the project. Councilmember Egan noted that there were a lot of variances approved in the Lake Park Shores Addition. McCrea moved, Gustafson seconded, the motion to approve the variance as proposed by James R. Jensen Jr. for a 2-foot variance to a side yard setback for Lot 6, Block 2, Lake Park Shores, to allow a 24-foot by 24-foot garage addition to an existing home and garage. All voted in favor. SPECIAL PERMIT/JAMES BARTIZAL City Administrator Tom Hedges explained to the Council that an application was submitted by James Bartizal requesting a special permit to allow temporary Christmas tree sales from November 25, 1988 to December 25, 1988 at the Thomas Lake Center shopping mall. Mr. Hedges stated there had been no problems in the past. Wachter moved, Gustafson seconded, the motion to approve the special permit application as submitted by James Bartizal for the temporary Christmas tree sales at the Thomas Lake Center shopping mall. All voted in favor. COMPREHENSIVE GUIDE PLAN/PD AMENDMENT/PRELIMINARY PLAT/OAK MEADOW ADDITION City Planner Dale Runkle informed the Council that at the September 27, 1988, Advisory Planning Commission meeting, a public hearing was held to consider a Planned Development Amendment of 20.51 acres zoned Limited Business in Park/Public Facilities within the Blackhawk Park Planned Development to an R-1 district consisting of 30 lots, a preliminary plat entitled Oak Meadow Addition and a variance to exceed the cul-de-sac length in excess of 500 feet. He further stated the parties were in agreement to the cul-de-sac alignment. Councilmember Egan questioned the length of the cul-de-sac. The developer stated it would be the second longest cul-de-sac in the City. Wayne Tower stated he felt the overlay was somewhat outdated and there should be minor changes. He further stated that the problems could be worked out with staff. He explained the layout to the Council. Page 30/CITY COUNCIL MEETING MINUTES ^p. 1 October 6, 1988 Councilmember Egan questioned the impact on the development. Mr. Horne stated that commercial was still proposed. Egan moved, Wachter seconded, the motion to approve a Planned Development Amendment to re-zone 21.5 Limited Business acres to R-1 (single family) district. All voted in favor. Egan moved, Wachter seconded, the motion to approve a preliminary plat for 21.5 acres with the Blackhawk Park Planned Development district consisting of 30 lots located between Highway 35E and Pilot Knob Road and south of Englert Road in the southeast quarter of Section 16, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, Bl, B2, B3, B4, Cl, C2, C3, C5, Dl, El, Fl, and G1. 2. The development is required to limited phosphorus export to Blackhawk Lake to pre-development levels. 3. The development will be required to admit detailed plans and specifications for the proposed retaining wall construction for staff's review and approval. 4. The development will be required to utilize the existing outlet structures into the Pond JP-5 where appropriate. 5. The development will be required to extend sanitary sewer service to its southerly boundary in two locations at a low enough elevation to serve the southerly adjacent property. 6. The development will be required to provide watermain service to the southerly adjacent property in two locations. 7. The developer to work with the City staff and the adjoining property owner to obtain a cul-de-sac alignment. All voted in favor. Egan moved, Gustafson seconded, the motion to approve a variance to exceed the ordinance requirement of a 500-foot cul-de-sac. All voted in favor. RELOCATION OF OLD TOE HALL City Administrator Tom Hedges, in his update to the Council, stated that the Ad Hoc History Committee which is chaired by City Councilmember Wachter, had met on two occasions and at the most recent meeting, toured the Old Town Hall, viewed the Lone Oak Tree and inspected the McCarthy House. It was recommended by the Committee that the Old Town Hall be retained and eventually restored for Page 31/CITY COUNCIL MEETING MINUTES October 6, 1988 historical significance. It was also their recommendation that the building be moved back adjacent to the Northwestern Bell switching station and adjacent to the fire administration parking lot. The Chief Building official had discussed relocation of the Town Hall with a moving company and a time schedule is being confirmed for the official relocation of the building. Steve Sullivan presented to the Council a drawing which was prepared by the Planning Department that illustrated the proposed location of the Town Hall. Mr. Hedges stated that the County may not participate in the relocation of the Town Hall, however, staff will approach the County. Mr. Sullivan explained the two alternatives. Councilmember Wachter stated the Ad Hoc History Committee had not yet seen the recommended plan from the Parks Commission and the Fire Department. He stated they probably would not agree to the courtyard but would rather have just a trail access. Mayor Ellison questioned if the courtyard would be on the side. Mr. Wachter stated it would be on the side. Mr. Wachter stated that for the time being, the building should just be moved back and that the trails could be added later. Mr. Hedges agreed with Mr. Wachter. Egan moved, Gustafson seconded, the motion to approve the relocation of the Old Town Hall and authorize solicitation of bids for the move and the foundation. All voted in favor. James Horne informed the Council he had concerns regarding the adjoining commercial development. He suggested parking. ACCEPTANCE OF COMMERCIAL MARKET ANALYSIS Egan moved, McCrea seconded, the motion to approve acceptance of the commercial market analysis as prepared by the Laventhol and Horwth firm. All voted in favor. SENIOR CITIZEN DEFERRED SPECIAL ASSESSMENT APPLICATION Wachter moved, Gustafson seconded, the motion to approve the request for a senior citizen deferment for Mr. and Mrs. Warkentien and to direct the City Clerk to process the deferment to the Dakota County Auditor's office. All voted in favor. CONTRACT 88-02, FINAL PAYMENT/ACCEPTANCE (1988 SEAL COATING) Egan moved, Gustafson seconded, the motion to approve the first and final payment for Contract 88-02 (1988 Seal Coating) to Aztech, Inc., in the amount of $121,162.79 and accept the improvements for perpetual maintenance. All voted in favor. Page 32/CITY COUNCIL MEETING MINUTES October 6, 1988 RECONSIDER CONDITION OF PLAT APPROVAL, TOWN CENTRE 100 - 5TH ADDITION (WATERFORD APARTMENTS) Public Works Director Tom Colbert informed the Council that on February 16, 1988, the Council had approved the preliminary plat for the proposed Waterford Apartment development within Town Centre 100 - 5th Addition located west of Lexington Avenue and south of Town Centre Drive. He further stated the applicant, Federal Land Company, requested the Council to reconsider condition number 1 as it pertains to the assessments associated with the future upgrading of Lexington Avenue and the related trailways scheduled for 1989. In early 1985, the Council concurred that all new residential developments should prepay assessments associated with future major road improvements as a condition of final plat approval and development. He stated this had eliminated a significant number of objections to the proposed project and related assessments at the respective public hearings. He informed the Council the applicant had said that this condition places a financial burden on the property with the financial lender for this proposed development. The same assessment requirement was placed on the Stuart's 1st and 2nd Additions located across Lexington Avenue from the proposed development with no objections. He stated that in fairness to past developments, the staff was recommending that this condition not be modified. Martin Colon informed the Council that the future assessments would place an undue hardship on that piece of property and that the finance company requires pre-payment which could not be done and therefore, the deal would be killed. He stated the policy was contrary to state statutes and that the whole matter was unfair. Mayor Ellison had questions regarding the policy. City Attorney Jim Sheldon stated that technically it was not an assessment but a charge for upgrading which required the payment as a condition of plat approval. He stated it was only spread as a special assessment for the benefit of the developer. Public Works Director Tom Colbert stated that a public hearing was anticipated in three or four months at which time it would be a pending assessment. He further stated that the agreement states that the payment would not be due until May 1990. There was further discussion regarding the policy of Special Assessments. Councilmember Egan questioned if it was enforceable because it was a negotiated term. City Attorney Jim Sheldon stated that technically it was a pre-charge and not a special assessment. Page 33/CITY COUNCIL MEETING MINUTES " October 6, 1988 The developer stated that the road had not been installed. Mayor Ellison stated that there had been 13 previous special assessments hearings which was a good justification for a prior agreement. Councilmember Gustafson stated that the problem was created by the bank. Councilmember McCrea stated she felt that to modify the matter would set a precedence. Ellison moved, McCrea seconded, the motion to reaffirm condition number 1 for the preliminary plat approval of Town Centre 100 5th Addition - Waterford Apartments. McCrea, Ellison, and Wachter voted in favor; Gustafson and Egan voted against. The motion prevailed. COMMERCIAL MARKET ANALYSIS STUDY City Planner Dale Runkle suggested to the Council a charge of $50.00 for copies of the Commercial Market Analysis Study. Wachter moved, Egan seconded, the motion to approve a $50.00 fee for copies of the Commercial Market Analysis Study. All voted in favor. SPECIAL CITY COUNCIL MEETING/SPECIAL JOINT CITY COUNCIL MEETING Gustafson moved, Egan seconded, the motion to set a special City Council meeting for Tuesday, October 11, 1988, at 6:30 p.m. to interview final applicants for the position of Community Development Director; and to set a special joint City Council meeting for October 12, 1988, to meet with the City of Burnsville to review the local access issue. All voted in favor. DISCUSSION The Council discussed the upcoming school board elections and bond referendum for each of the Eagan school districts. Councilmember Wachter updated the Council regarding the moving of specialized aircraft. There was discussion regarding the O'Neil lawsuits. BILLS Wachter moved, Gustafson seconded, the motion to approve the checklist dated September 30, 1988, in the amount of $1,500,269.00 and the checklist dated October 6, 1988, in the amount of $1,336,120.93. All voted in favor. Page 34/CITY COUNCIL MEETING MINUTES October 6, 1988 ADJOURNMENT Upon motion duly made by Wachter, seconded by Gustafson, the meeting was adjourned at 2:30 a. m. All voted in favor. CITY OF EAGAN (I A By: A uVanOverbeke E Its: City Clerk October 3, 1988 Honorable Mayor, City of Eagan Vic Ellison Council Members, City of Eagan Thomas Egan Dave Gustafson Pam McCrea Ted Wachter ryGEns- ?,aNO?~RI;~K~, CtC C:TJ/ ~~~A~QAJ References: (A) Orr-Schelen-Mayeron Report dated September 15, 1988. "Prettyman Heights Extension of Sibley Hills Drive, Project No. 543" (B) Notice of Public Hearing on Proposed Improvements in the City of Eagan, Dakota County, Minnesota, Prettyman Heights, Extension of Sibley Hills Drive, Project No. 543 from Eugene VanOverbeke, September 19, 1988. Gentlemen: As property owners at the following addresses for up to thirty-five years, we are deeply concerned about the proposals as outlined in Reference A. 1. We fail to see the reason to assess us for this project. Our water, sanitary sewer, storm sewer, and street improvements in 1970 and hence were paid for by ourselves. We strongly urge and request that the instigators and authors of this project should pay the full burden of costs involved. 2. We strongly protest the abandonment of the north portion of the frontage road (Service road access to Highway 13). a. The two frontage road accesses to Highway 13 provide a necessary optional exit to the north or south on Highway 13. Future additional homes in the proposed development areas will mean increased traffic, thus increasing the need for both accesses.. This includes homeowners autos and trucks, visitors, mail service, delivery vans, service trucks, school buses, utility work equipment, and emergency vehicles. b. Access to our home from both the north and south in extremely inclement weather affords an easier route to negotiate the incline in an expeditious manner during the night or day. 3. Whatever is designed or intended for the Prettyman, Ridgehaven and/or DeLosh properties, we stand for and insist on single dwelling homes only. EXHIBIT A 0 X 4) PROPERTY OWNER(S) AND ADDRESS SIGNATURES Joseph R. Kurhajetz & / Julia E. Kurhajetz ez i- 2850 Sibley Hills Drive Francis E. Bader & Patricia Bader 2860 Sibley Hills Drive John Lane Sweeney 2841 Sibley Hills Drive Eleanor Weber 2870 Sibley Hills Drive Donald Hill & Carol Hill 2880 Sibley Hills Drive Dr. C. L. Cain & Jane Cain Q el r' ":2210 Si~c.c1 W 11(s DR+VC Robert G. Murray & Marilyn Murray 2852 Sibley Hills Drive Norman W. Lindman & Joanne Lindman 2854 Sibley Hills Drive Marvin W. Post & Audrey Post l 2858 Sibley Hills Drive 1