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02/05/1985 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 5, 1985 A regular meeting of the Eagan City Council was held on Tuesday, February 5, 1985 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Bea Blomquist and Councilmembers Smith, Egan, Wachter and Thomas. Also present were City Administrator Hedges, Public Works Director Colbert, Consulting Engineer Rosene, City Planner Runkle, and Assistant City Attorney Smith. AGENDA Wachter moved, Egan seconded the motion to approve the Agenda as presented. All members voted in favor. MINUTES The minutes of the regular meeting of January 15, 1985 were presented. Egan moved, Thomas seconded the motion to approve the minutes as prepared with the addition of a number 5 under Committee Appointments on page 8 of the minutes for the Assessment Committee, to show that Mayor Blomquist and member Egan were reappointed as members of the Assessment Committee. All members voted in -favor. Egan moved, Wachter seconded the motion to approve the minutes of the special meeting of the Eagan City Council on January 8, 1985 as prepared. All members voted in favor. PARKS AND RECREATION DEPARTMENT Park Director, Ken Vraa, was present and reported that the City has received official word that the LAWCON grant for Schwanz Lake in the amount of $110,500.00 has been approved and that the State of Minnesota, through the LCMR Fund will match 25$ of the grant amount, or $55,250,00. He noted that the amount awarded exceeded the original request, and that the early approval of the grant will allow the City to include Schwanz Lake in spring construction projects. Smith moved, Thomas seconded the motion to approve execution of all necessary contract documents relating to the grant. All members voted in favor. Mayor Blomquist noted that it would be appropriate to thank McDonald's Corporation for its agreement to help promote special events scheduled for February 9 and 10 at Carlson Lake, Blue Cross-Blue Shield, and Schwanz Lake. Park Director, Ken Vraa, recommended that the City Council authorize City staff to proceed with the formal proposal and request to acquire park land dedication of 12 acres in Blue Cross-Blue Shield PUD, and he reviewed the staff report of January 29, 1985. Smith moved, Wachter seconded the motion to authorize City staff to proceed with a formal proposal and request to obtain the 12 acres of park land as summarized in the staff report of January 29, 1985 as follows: 1. The City shall request early park dedication of 10.25 acres of park land (7.78 acres residential, and 2.47 acres commercial). 1 Council Minutes February 5, 1985 2. The City shall purchase 1.75 acres to complete the 12 acre site at a cost of $10,000.00 per acre, or $17,500.00. 3. The City shall prepare the necessary legal description and title of the property with the City to bear the cost. 4. The Abstract of existing property shall be brought up to date with such costs to be borne by Blue Cross-Blue Shield. 5. At time of conveyance of the property, the owner shall pay all taxes, assessments and pending assessments. 6. With the Parks construction project, the City will do all rough grading and road preparation on the road extending east to west from Blue Cross-Blue Shield Drive. All members voted in favor. Park Director Vraa recommended that the City Council authorize the City staff to proceed with an offer to Thomas Murr to acquire 1.337 acres of parkland for $2,000.00 with the City to waive park dedication fees associated with the future lot split now being contemplated by Thomas Murr. He mentioned that Murr is aware that this agreement would not effect assessments if his property develops. Egan moved, Wachter seconded the motion to authorize City staff to proceed with an offer to Thomas Murr to acquire 1.337 acres for $2,000.00, with the City to waive park dedication fees associated with the future lot split now being contemplated by Mr. Murr. All members voted in favor. Egan moved, Wachter seconded the motion to schedule a special meeting of the Eagan City Council for a work session with the Park Committee on February 12, 1985 at 7:00 p.m. All members voted in favor. PUBLIC WORKS DEPARTMENT Thomas Colbert reported to the City Council on a recent study done by the Public Works Department relating to overhead costs associated with Public Improvements. He stated that the average overhead expense for public improvements for 1982, 1983 and 1984 has been approximately 30$ of contract costs. He recommended that the City Council authorize the use of a 30% figure for estimating overhead expenses for 1985. He noted that actual expenses,. whether higher or lower than 30% will actually be attributed to each improvement and assessment, and that the 30$ figure is only for estimate purposes in feasibility report. Smith moved, Thomas seconded the motion to approve the use of 30$ as the estimate of overhead costs associated with public improvements for 1985. All members voted in favor. CONSENT AGENDA The following consent agenda items were brought before the Council for consideration: 2 Council Minutes February 5, 1985 1. Radio Communication Evaluation. The Chief of Police and City Administrator recommended the hiring of John DuBois to conduct a technical, operational, economic evaluation and remedial action for the municipal radio communication systems operated by the City of Eagan. 2. Contractors License. The Chief Building Inspector recommended approval of Contractors licenses for contractors on a list presented to the City Council dated February 5, 1985. 3. Gambling Application - St. John Neumann Church. An application for a temporary gambling license for Bingo to be held at a fund raiser on February 15, 1985 by St. John Neumann Church was submitted and it was recommended that the application be approved subject to compliance with the required ordinances. 4. Royal Oaks Apartments - Protect #432. A Petition had been received requesting installation of streets and utilities to service the proposed Royal Oaks Apartment complex, located south of Surrey Heights and west of Federal Drive, and it was recommended that the City Council receive the Petition and authorize the preparation of a feasibility report for Project #432. 5. Lexington Square 2nd Addition - Protect #433. A Petition had been received from Northland Mortgage Company requesting the extension of the trunk sanitary sewer and storm sewer through the future Lexington Square 2nd Addition. It was recommended by staff that the Petition be received and the Council authorize the preparation of a feasibility report for Project #433. 6. Eagandale Center Industrial Park 6th Addition - Vacate Public Easements/Receive Petition/Order Public Hearing. A Petition had been received to vacate the existing drainage and utility easements within that portion of Eagandale Center Industrial Park 6th Addition that is being replatted into the 7th Addition. It was recommended that the Petition be received and that the Council order the public hearing to vacate the referenced drainage and utility easements within Eagandale Center Industrial Park 6th Addition, with the hearing to be held on Feb. 19,1985 at 7:00 p.m. 7. Contract #84-16 - Change Order No. 3 - Patrick Eagan Trunk Storm Sewer. It was recommended that the Council approve Change Order No. 3 to deduct $7,420.01 from Contract #84-16 - Patrick Eagan Park - trunk storm sewer, and that the Council authorize the Mayor and City Clerk to execute all related documents. 8. Golden Meadow Road - Streets and Utilities - Protect #418R. It was recommended that the City Council receive the feasibility report for Project #418R for Golden Meadow Road streets and utilities and that the Council schedule the matter for a public hearing to be held March 5, 1985 at 7100 p.m. at the Eagan Municipal Center. 9. Dakota County Plat No. 1 - Contract #83-6. A request for final payment for Contract #83-6, Dakota County Plat No. 1, streets and utilities and Cliff Road sidewalks had been received and it was recommended that the Council approve the seventh and final payment of $1,867.38 to Austin P. Keller Construction Co. and that the Council accept all public improvements for perpetual maintenance. 3 Council Minutes February 5, 1985 10. Fire Administration - Parking Lot - Contract #84-5. A request for final payment had been received from the contractor for the completion of the parking lot to the Fire Administration Building, and it was recommended that the City Council approve the fourth and final payment of $3,281.88 for Contract #84-5 to Independent Curb Contractors, Inc., and that the Council accept the improvements for perpetual maintenance. 11. Technology Drive - Project 1434. The Developer of CTC Business Campus Addition has petitioned the City to initiate construction of Technology Drive, a frontage road to connect Duckwood Drive (Violet Lane) with Englert Road, adjacent to the I-35E right-of-way, and it was recommended that the Council receive the Petition and order the preparation of a feasibility report and plans and specifications for Technology Drive, Project #434. 12. Personnel. It was recommended that Jeff McGuffee be hired as part- time permanent building and grounds maintenance worker, starting February 11, 1985, and that Scott Morgan be hired as part-time intern for the Parks and Recreation Department, starting February 11, 1985. 13. Proclamation for Henry Sibley Community Scholarship Program. Mayor Blomquist had received a request from Henry Sibley High School that the month of February proclaimed as Henry Sibley Community Scholarship Program month, and it was recommended that the City Council-proclaim the month of February as Henry Sibley Community Scholarship Month. 14. City Celebration Committee. It was recommended that Brad Benzik of the Eagan Optimist Club be appointed to the City Celebration Committee. 15. Joint Powers Agreement with Burnsville for 1985 Traffic Striving. It was recommended that the City Council approve the 1985 Joint Powers Agreement with the City of Burnsville for traffic lane striping and that the Mayor and the City Clerk be authorized to execute all related documents. Wachter moved, Egan seconded the motion to approve and authorize the implementation of all of the foregoing consent agenda items. All members voted in favor. PILOT KNOB - CURB AT CONSTRUCTION SITE Mayor Blomquist expressed her concern about safety on Pilot Knob Road near the I-35E construction area, especially on the southbound lane, immediately adjacent to the digging. Public Works Director Colbert was requested to contact the Minnesota Department of Transportation concerning this problem. RAHN ROAD STREET IMPROVEMENTS - PROJECT #405 Mayor Blomquist convened the public hearing on Project #405 Rahn Road street improvements. Public Works Director Thomas Colbert reported to the Council concerning the new public hearing for Project #485 and noted that all affected property owners had been notified of the public hearing. He made a slide presentation showing current conditions on Rahn Road, from Beau D'Rue Drive to Shale Lane. He mentioned that Rahn Road was from 16 to 19 years old in those areas. He described street deterioration due to poor subgrade 4 Council Minutes _ February 5, 1985','' resulting in break-up of the road, deteriorating gutters, curbs disintegrating in places and losing their definition in other places, insufficient catch basins for storm sewer, and cracking due to aging. He noted that the Public Works Department has patched to the extent possible, but that the road needs to be replaced at this point. The road is currently 36 feet wide, and City staff noted that if it stays at 36 feet, two lanes and one parking lane would be the maximum use, if it is widened to 40 feet, there would be two through- lanes and one turn-lane and no parking; at 44 feet there would be two through- lanes with two parking lanes on each side; and with 48 feet, four through- lanes would be allowed with no parking, according to Municipal State Aid standards. Staff proposed that the section from Beau D'Rue Drive to Turquoise Trail be widened to 40 feet to allow two through-lanes and one left turn lane, the portion from Turquoise Trail to Diffley Road be 36 feet with two through- lanes and one parking lane on the west, and with sidewalks on the east and west, and that the portion from Diffley Road to just south of Shale Lane be widened to 44 feet to allow two through-lanes, two parking lanes and to construct a sidewalk on the east side of the road, with a potential alternative for that section to be the same as the area from Turquoise Trail to Diffley Lane. Mr. Colbert summarized the proposed assessments as described in detail in the feasibility report dated October 12, 1984. He stated that most of the cost of construction would be paid by the City rather than financed through assessments. The assessment hearing would probably be held in the Summer of 1986 with assessments due in 1987, payable over a 15 year period. Construction would probably June through November of 1985, if the project is approved. Many members of the public appeared and expressed opposition to the widening of Rahn Road, including Rick Swanson, Gary Engle, Janet Nelson, Sharon Stone, Pat Haynes and Jim Coggins. Opposition was expressed to the widening because it would result in increased traffic speeds on Rahn Road, because passing lanes are not necessary, because Rahn Road is not safe as it is for children, because increased pollution would result, because a parking lane is not necessary, because Nicols Road should be improved instead of Rahn Road, and because widening would make it more difficult for the aerial fire truck to park at the fire station on Rahn Road. Mayor Blomquist took a poll of the audience members who lived south of Diffley and no one in that area approved of widening that portion of Rahn Road. A resident of Rahn Road, south of Diffley, questioned why sidewalk was planned for the east side and not for the west, since children going to Rahn School walk down the west side of the road. Tom Colbert explained that putting sidewalks down the west side of the road would eliminate a substantial number of trees and shrubs and would make property owners unhappy. He also explained that the road would only be two feet wider adjacent to the fire statement under the proposal, and this should not prevent the parking of the aerial truck. Mayor Blomquist noted and Tom Colbert agreed that the portion of Rahn Road, south of Diffley, is not that bad. Smith suggested a poll concerning improving the road without widening it, and of the people south of Diffley, all were opposed to improving the road. On the area north of Diffley, one person wanted the road improved and 8 persons did not want the road improved. Smith moved, Egan seconded the motion to close the public hearing and deny the project. All members voted in favor of the motion. The meeting was recessed at 8:10 p.m. until 8:20 p.m. 5 Council Minutes February 5, 1985 ROSE HILL ADDITION - PROJECT #403 - FINAL ASSESSMENTS Mayor Blomquist convened the public hearing relating to the final assessment roll for Project #403 and Thomas Colbert introduced the assessment roll and noted that a 5 year spread of assessments at 11% interest was proposed. There were no comments from the public and no objections. Wachter moved, Egan seconded the motion to close the public hearing and to approve the final assessment roll as proposed with a 5 year spread of assessments at 11% interest. All members voted in favor. WILLIAMS & LaRUE ADDITION - PROJECT #422 Mayor Blomquist convened the continued hearing regarding Project #422, Williams & LaRue Addition which had been continued from the November 20, 1984 meeting. Thomas Colbert recommended that the hearing be continued indefinitely and renoticed when the Rosemount School District has determined whether the northwest corner of Wescott Road and Lexington Avenue is a viable site for a proposed elementary school. He mentioned that he should know more about the status of this within a week or two. Egan moved, Wachter seconded the motion to continue the public hearing until February 19, 1985 at 7:00 p.m. and to request staff to contact the school district to determine the status. All members voted in favor. WEST SERVICE ROAD - VACATION OF PUBLIC RIGHT-OF-WAY Mayor Blomquist convened the public hearing concerning the proposed vacation of public right-of-way of the east one-half of West Service Road, south of Center Court. It was noted that the west half has already been vacated. No one appeared in opposition to the vacation. Thomas moved, Smith seconded the motion to close the public hearing and approve the vacation of public right-of-way over the east one-half of West Service Road, south of Center Court, and to authorize the Mayor and City Clerk to execute all related documents. All voted yes. PROJECT #317 - CONTINUED FINAL ASSESSMENT HEARINGS Mayor Blomquist convened the continued final assessment hearings relating to Blackhawk Road and Project #317. It was noted by Thomas Colbert that at the original assessment hearing on September 18, 1984, four property owners had submitted written objections, and that the Council had continued consideration of the assessments relating to the those properties until a later date. He stated that the continued public hearings had been noticed by publication and mailing. He stated that the City has had appraisals done relating to all four properties by appraiser, Daniel Dwyer, that the proposed assessments are for assessment at current City rates, subject to a maximum based upon the appraised benefit to the property resulting from the improvements. With regard to the James and Carol Ashworth property, Mr. Colbert stated that the amount of the original assessment proposed on September 18 was $18,848.62 and that Daniel Dwyer had determined the benefit to be $11,000.00. James D. Ashworth appeared and stated that the assessments would be a severe 6 Council Minutes February 5, 1985 hardship upon him to pay each month and that as to the remaining matters in issue, he would rely on the objection previously filed with the City. Member Egan asked Daniel Dwyer a number of questions concerning his method of appraisal. Mr. Dwyer indicated that he assumed that the highest and best use for the Ashworth property was its present use with a single family dwelling, and that while he attributes to the benefits of the improvements to the land only, that he did look at the building on the property and determined that there was no benefit to the building. Councilman Smith stated that $11,000.00 for all assessments was not out of line with the size of the lot and the improvements made and Councilman Wachter mentioned that his assessments were $13,000.00. Mr. Dwyer stated that assessments for these types of improvements run in the $10,000.00 to $15,000.00 range in other communities in the area. Councilman Egan stated that the Special Assessment Committee didn't recommend a specific assessment, but did recommend that it be set by the City Council according to the amount of benefit determined by the City's appraiser, or the property owner's appraiser, whichever the Council determined to be better. Egan moved, Wachter seconded the motion to approve the proposed assessment of $11,000.00 based upon the proposed findings prepared by City staff with the findings to state also that the assessments will be certified and spread over 15 years at 10 1/2$ interest. All members voted yes. Robert D. Kruger appeared and stated that he had previously submitted a letter to the City with regard to his assessments and also mentioned that he feels he has a claim against the City for damages relating to changes to his driveway resulting from the improvements. He stated that he could believe the value of his property has gone up even $22,000.00 as the City's appraiser had stated. He stated that he has a well and septic systems on both halves of his property. Councilman Wachter stated that there is a problem with the driveway, which is now much steeper, but that this is a separate issue from the assessments. Councilman Egan stated that the Assessment Committee had recommended to the City Council that it look at any appraisals presented to it and determine the assessment on that basis. Daniel Dwyer stated that the property would be worth much more than he determined if it were to tie in with other property, but he assumed that its highest and best use was to have two single family dwellings on it, one on the north half and one on the south half. Smith moved, Egan seconded the motion to approve the proposed assessment in the amount of $22,000.00 in accordance with the proposed Findings prepared by City staff, with assessments to be certified and spread over 15 years at 10 1/2$ interest. All members voted in favor. Thomas Colbert reviewed the proposed assessments for the Tscherne property, and stated that the original proposed assessment was $27,124.08, and that pursuant to the appraisal of Daniel Dwyer, the assessment would be $17,500.00. Leslie Tscherne appeared and reviewed a letter to the City by the Tscherne's attorney, Daniel Beeson, which stated that the Tscherne property is unique in that it is long and narrow, has a swamp, would be very difficult to develop, and has a home in the middle of it, that the City's appraiser, Daniel Dwyer, has admitted that the highest and best use is for single family dwelling, that Mr. Dwyer's appraisal lacked comparable sales to substantiate it, that the comparables all dealt with raw land for development, that there were no before and after values on any of the comparable lots, that a State Supreme Court case had stated that Mr. Dwyer's appraisal technique was not acceptable. Mrs. Tscherne also stated that they had hired an appraiser who stated that the benefit to the property was $3,000.00 to $8,000,00, and that any appraisal must include the land and buildings. Jay Tscherne stated that 7 Council Minutes February 5, 1985 the City obtained an easement from the Tschernes based upon land values of $20,000.00 per acre and that the assessments would require them to pay $300.00 per month for 15 years. Assistant City Attorney Smith indicated that Mr. Beeson's interpretation of the Minnesota Supreme Court case was subject to disagreement, and that it did not necessarily apply to this situation or Mr. Dwyer's appraisal. Mr. Dwyer stated that he did look at the building in making his appraisal, and that standard appraisal techniques were used. Smith moved, Thomas seconded the motion to approve the assessment in the amount of $17,500.00 to be spread over 15 years at 10 1/2% interest with the understanding that if the owners and the City enter into an agreement within 30 days of February 5, 1985 providing for: 1. The assessment of $11,000.00 now. 2. The assessment of the remainder to be postponed until the earliest of the following: a. Development of the property. b. Rezoning of the property. c. Sale of the property. d. Change of use of the property from the current use with one single famiy residentc to any other use. e. Or, platting of the property or splitting of the lot, except that if the lot is sold to a party who does not change the use from the current use with one single family residence, upon review and determination by the City Council to that effect, the assessment shall continue to be postponed until one of the above conditions is met, then the assessments shall be approved according to such agreement with the agreement to run with the land. All members voted in favor. Thomas Colbert described the assessments with regard to the Darold and Mavis Holden property and stated that the City's appraiser, Daniel Dwyer had appraised the benefit as a result of the improvements to be above the initial proposed assessments of $27,043.37. Darold Holden appeared and stated that the State of Minnesota had paid him $20,000.00 per acre for his property in condemnation proceedings with sewer and water in the area, and that his pole barn on the north portion of his property would have to be removed for the property to develop as R-3, as it appears in the Comprehensive Guide Plan. He stated that he accepted less than what the property was worth, and that there is no benefit from the sewer and water through much of his property. Councilmember Egan asked about possible ponding credit and Tom Colbert stated that this would be allowed only if the pond on the back of the Holden property is necessary for the City's storm sewer system, and if an easement is granted for ponding purposes. Mayor Blomquist moved, Egan seconded the motion to levy the full proposed assessments on the two back lots, Parcel 60-05 and 70-05, in the amount of $711.15 and $1,012.85, and to levy the full amount of the proposed assessments of $25,319.37 against the remaining Parcel 30-03, all to be spread over 15 years at 10 1/2$ percent interest, on the condition that if the City and Mr. Holden enter into an agreement within 30 days of February 5, 8 Council Minutes February 5, 1985 1985, $11,000.00 only will be levied on Parcel 30-03 at this time, and the remainder will be levied only upon the sale or development of the property, rezoning, lot split, platting, or the issuance of a building permit for a residence on that property, or if there is a change in the existing use of that property, except that if the lot is sold to a party who does not change the use from the current use, upon review and determination by the City Council to that effect, the assessment shall continue to be postponed until one of the above conditions is met, then the assessments shall be approved according to such agreement with the agreement to run with the land. All members voted yes. MULTI-FAMILY HOUSING REVENUE BONDS ROYAL OAKS CIRCLE APARTMENT PROJECT Mayor Blomquist convened the public hearing relating to the application for multi-family housing revenue bonds in the amount of $13,365,000.00 for the Royal Oaks Circle Apartment project, Thomas Hedges reviewed the proposal in detail and there was considerable discussion concerning the number of remaining units that the City can allocate to low-income housing for the rest of the decade under its goals. It was noted that the City's goal is not binding and that many of the units approved for low-income housing will probably not be built. Mayor Blomquist stated her concern that the City should not let the market dictate to the City Council the number of low-income units which are approved by the City and that a balance of property uses is necessary. She stated her preference that the City stay within its plan and not simply approve multi-family housing revenue bonds on a first-come first- served basis. Councilman Egan stated that while balance is important, the City cannot dictate balance but only give an opportunity for balance and that if the property has the proper zoning, the City shouldn't discourage development by denying such revenue bonds proposals. An Eagan resident near the proposed apartments stated his desire to see the area stay single family and also stated that the proposed apartments were not aesthetically pleasing. Smith moved, Thomas seconded the motion to close the public hearing and approve the multi-family housing revenue.bonds in the amount of $13,365,000.00 for the Royal Oaks Circle Apartment project as presented by City staff. All members voted in favor except Wachter who voted in opposition to the motion. The Mayor stated that she voted in favor of the bonds because while she believes that it is important to stay within the City's goal of low income units that this project is still in keeping with the goal. MULTI-FAMILY HOUSING REVENUE BONDS - LEMAY LAKE 1ST ADDITION Mayor Blomquist convened the public hearing concerning the application for multi-family housing revenue bonds for Lemay Lake 1st Addition in the amount of $13,000,000.00. Thomas Hedges introduced the application and stated that amount actually recommended for approval is $12,560,000.00, which is 80% of the appraised value, pursuant to City policy. There were no comments from the audience. Councilman Smith stated that he thought the plan was a good one and he moved to close the hearing and approve the multi-family housing revenue bonds in the amount of $12,560,000.00 for Lemay Lake 1st Addition project as presented by City staff. Egan seconded the motion. All members voted yes, except Wachter who voted in opposition. Mayor Blomquist stated that she voted in favor based upon her feeling that it is important for the City to keep 9 Council Minutes February 5, 1985 within its goal and to provide balance for the City and that she feels that this project is still in keeping with the goal and with balanced development. Councilmember Smith noted that only 20% of the units in projects funded by multi-family housing revenue bonds must be reserved for low or moderate income housing and that it would be unlikely for 100% of the units to be used for low or moderate income persons. Councilmembers Wachter agreed but noted that all units still get the reduced rate. A recess was taken at 10:20 p.m. until 10:30 p.m. STREET NAME CHANCES - EAST BLUE GENTIAN ROAD, VIOLET LANE, ENGLERT ROAD Thomas Colbert introduced the proposal to change three street names and stated that the reason for the proposal is that I-35E construction will sever these three roads, and to avoid confusion due to the separation of the roads, it would be best to give the roads different names on each side where they separate. He stated that the Minnesota Department of Transportation did not object to the name changes but that a $500.00 fee would be required for the State to change signs for East Blue Gentian Road which had already been prepared. Mary O'Neill appeared in support of the proposal to change the name of East Blue Gentian Road to O'Neill Drive, and she mentioned a letter of support from a number of adjoining property owners. It was noted that the request is for a change of East Blue Gentian Road to O'Neill Drive, not O'Neill Road. It was proposed that Violet Lane be changed to Duckwood Drive, east of I-35E and that Englert Road is proposed to be changed to Blackhawk Hills Road, west of I-35E. It was mentioned that the post office will carry both designations for 12 months. Thomas Colbert also stated that Inver Grove Heights did not object to the name change relating to East Blue Gentian Road. Smith moved, Thomas seconded the motion to close the public hearing and to approve the name change of East Blue Gentian Road to O'Neill Drive, the name of Violet Lane, east of I-35E to Duckwood Drive, and the change of name of Englert Road to Blackhawk Hills Road, west of I-35E. All members voted yea. THOMAS LAKE HEIGHTS 2ND ADDITION - FINAL PLAT Thomas Hedges and Thomas Colbert discussed the proposed final plat and noted that the roads were the same as in the original proposal, not as in the revised proposal that the Council had previously expressed concerns about. Wachter moved, Thomas seconded the motion to approve the final plat of Thomas Lake Heights 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. All members voted yes. R 85-4 EAGAN WOODS OFFICE PARK - PRELIMINARY PLAT & CONDITIONAL USE PERMIT Mayor Blomquist convened the public hearing with regard to the application of Trammell Crow Company for preliminary plat approval of Eagan Woods Office Park and for a conditional use permit to allow a 4 story office building on Lot 1, Block 1, Eagan Woods Office Park. Thomas Hedges reviewed the proposal and stated that the preliminary plat had been considered at the December 20, 1984 Advisory Planning Commission meeting and at that time the commission had recommended approval subject to a number of conditions, and that the developer 10 Council Minutes February 5, 1985 had requested a continuance of the hearing before the City Council before the City Council so that the Advisory Planning Commission could consider the application for conditional use permit at the January 20, 1985 meeting. The Advisory Planning Commission had recommended approval of the conditional use permit. Dale Runkle explained the proposal and stated that there is no change in the planned development concept plan from the original proposal of Amcon. He stated that the preliminary plat proposal is for one lot and two outlots with a four-story office building with 72,000 square feet to be built on one lot. He stated that 360 parking spaces are required by ordinance and that the proposal is for 280 parking spaces with a proof of parking exhibit tobe filed showing that 72 additional spaces could be added if required by the City. He mentioned that this is a heavily wooded area and that the development attempts to save as many trees as possible and that if more parking is required, less trees would be saved. He stated that the proposal is for 9 foot wide office stalls because this is an office site. The applicant was present. Mr. Runkle stated that if more parking is requested by the City in future years, the development agreement would require that the developer construct those. He stated that there is pondinq at the bottom of the ravine for the purpose of reducing the flow down the ravine. Wachter moved, Egan.se.conded the motion to close the public hearing and approve the preliminary plat for Eagan Woods Office Park and the conditional use permit to allow a four-story office building on Lot 1, Block 1, of Eagan Woods Office Park, subject to the following conditions: 1. A Planned Development Agreement shall be entered into for the overall plan as submitted with the planning report for the project. 2. An architectural design shall be established by the developer and reviewed by City staff in order that all of the buildings will have a common architectural theme. 3. Acoustical treatment shall be provided within the building in order to minimize any noise impact on this site from the planes overhead or I-494 to the north. 4. The Planned Development shall continue for a maximum of five years and a determination should be made that either the PD include the height of the building to allow 4 stories or separate conditional use permit shall be required for each building. 5. The plat shall be reviewed and subject to MnDOT's and Dakota County Plat Commission's requirements because the plat abuts state and county right- of-way. 6. The building shall be designed to take into account the Fire Department criteria regarding the four story building. It shall meet all of the criteria of a conditional use permit to exceed the maximum allowable height in a commercial district. 7. A detailed lighting and landscape plan shall be submitted and a landscape bond approved by the City shall be required and not released until one year after the landscaping has been completed and approved by the City. 8. The plat shall be subject to the city park dedication fee requirements for commercially platted land at the time of approval of each final plat. 11 Council Minutes February 5, 1985 9. Only 280 parking spaces will be required at the time of the initial phase but up to an additional 72 spaces shall be provided and promptly installed by the developer or owner when requested by the City. 10. Detailed plans and specifications for the reinforced earth retaining walls shall be submitted for review and approved by the City staff. 11. Calculations used to determine storm water ponding area shall be submitted for review and approval by the City staff. 12. This development shall be responsible for all costs associated with obtaining the necessary MWCC permits and shall abide by MWCC requirements related to these permits. 13. A public improvement project for streets and utilities shall be approved by the City Council, including the storm sewer outfall to the Minnesota River Valley, if necessary. 14. A minimum 50 foot right-of-way shall be dedicated for Eagan Woods Drive with the understanding there will be minimum 20 foot setbacks. 15. This development shall be responsible for obtaining the necessary easement at its cost for Eagan Wood Blvd.. from parcel 01-00400-060-02. 16. This development shall be responsible for all costs associated with obtaining the necessary MnDOT permits to work within MnDOT right-of-way. 17. This development shall be responsible for trunk related assessments for trunk area water upgrading, trunk area storm sewer and lateral benefit from trunk sanitary sewer at the rates in effect at the time of final platting. 18. This development shall assume full responsibility for all costs of public improvements for streets, sanitary sewer, watermain and internal storm sewer. 19. All other applicable City Code and policy requirements shall be complied with by the developer. 20. 9 by 20 foot and 9 by 18 foot parking spaces shall be allowed at the discretion of City staff with 6 handicapped and 12 visitor spaces of 10 feet by 20 feet each. All members voted in favor. SEE PLAT FILE PROJECT ;435 - FEASIBILITY STUDY Attorney Robert Hoffman appeared on behalf of the developer of Eagan Woods Office Park and requested the City Council to order a feasibility study for roadway purposes for Eagan Woods Office Park. Egan moved, Wachter seconded the motion to order a feasibility study for Project #435, streets to Eagan Woods Office Park, subject to a written guaranty by the developer of costs relating to the preparation of the feasibility study. All members voted in favor. 12 Council Minutes February 5, 1985 TOWN CENTRE 100 1ST ADDITION - PRELIMINARY PLAT CONDITIONAL USE PERMIT AND VARIANCE Mayor Blomquist convened the public hearing concerning the application of Federal Land Company for preliminary plat approval of Town Centre 100 1st Addition consisting of two commercial lots and six outlots on approximately 100 acres, for a conditional use permit to allow a 10-story office building as part of Town Centre 100 1st Addition, and for a variance to allow 9 foot by 18 foot parking stall dimensions for office parking lot for Lot 1, Block 1, Town Centre 100 1st Addition, located at the southwest corner of Yankee Doodle Road and Lexington Avenue. Thomas Hedges stated that the applications had been heard by the Advisory Planning Commission on January 22, 1985, and that all three applications had been recommended for approval subject to conditions. Dale Runkle described the applications and noted that the application is consistent with the planned development concept plan. He also stated that Lot 1, Block 2 had been shifted from the southeast corner of the proposed plat to the southwest corner of Lexington Avenue and the proposed internal street. He stated that the 10-story office building is proposed to be 106,000 square feet and that there is concern about the lining up of access in this proposed plat and the property to the north. He stated that it will probably be necessary to shift the proposed access to Lot 1, Block 1, Town Centre 100 1st Addition to the west about 150 feet. He stated that it's possible that proposed access to the north could be moved somewhat to the east to reduce the amount that the south access would need to be moved. He stated that there is also an issue concerning parking, as the Advisory Planning Commission had recommended 472 parking spaces and that if needed, additional parking would be provided in this plat at the time of additional development. He stated that storm sewer is also still an issue. Attorney Charles Bartholdi appeared on behalf of the applicant, Federal Land Company, and stated that Martin Colon, one of the owners of Federal Land Company, Ronald Krank, the architect for the proposal, and James Benshoof, a traffic engineer, were also present. Mr. Krank mentioned that the building had been located on a knoll and 50 feet from a pond in order to be a central focus of the commercial development. He discussed the importance to the developer of having the entrance to the building situated to make the building the center of attention as motor vehicles approach the site along the driveway. He stated that there will be a 10 foot median for the driveway, the building will be constructed using limestone panels and solar tinted glass, and that there will be a two-story entrance with an atrium. He stated that the property to the north could accommodate the proposed access with a slight turning of access to the north and with some fill in the steep slopes to the north. Martin Colon stated that this is a $10,000,000.00 project and that Federal Land Company has to excavate 14 feet below floor level in order to construct the building. He stated that access was central to the design and that $25,000.00 to $30,000.00 had been spent just for soil correction. He stated that his belief that the people to the north can accommodate the proposed access by doing some filling and excavating, and that that work is minor compared to the cost of changing Federal Land Company's access. Thomas Colbert stated that he disagreed that the filling and excavating to the north of Yankee Doodle Road would be minor and that City staff has an obligation to insure that both sides of Yankee Doodle Road have adequate access. He also stated that considerable fill would be required to the north of Yankee Doodle Road at the expense of mature tree growth to line up the accesses if the access to the south is not moved to the west. He suggested that both property owners make some movement. The Mayor stated that such details should be worked out at the staff level. Member 13 Council Minutes February 5, 1985 Wachter stated his concern that 10 foot parking spaces are necessary. Dale Runkle stated that the Police and Fire Departments have reviewed and accepted the proposal. Mr. Krank stated that the applicant is proposing 9 foot by 18 foot parking stalls with 62 foot depth and 26 foot wide isles, and he also stated that the wide isle proposed would allow for 9 foot parking space better than narrow isles would. Martin Colon stated that he would rather have a median down the center of Yankee Doodle Road with no left turn access to the proposed building than change the access to the proposed building. Councilmember Smith asked the applicant whether it would be possible to curve the north part of the proposed drivewayso as to still allow the south part of the drive to face the building. Martin Colon stated that Federal Land Company is already spending a half a million dollars for grading and that moving the south access would only save property owner to the north $5,000.00 to $10,000.00. Egan moved, Wachter seconded the motion to close the public hearing and approve the preliminary plat of Town Center 100 1st Addition consisting of two commercial lots and six outlots on approximately 100 acres, subject to the requirement that all storm sewer and access questions will be resolved at the staff level, prior to final platting, and subject to the following conditions: 1. The Day Care Center shall be served by an internal street and not exist as an isolated lot with direct access to Lexington Avenue. 2. Access from Yankee Doodle Road to Lot 1, Block 1, shall be approved by the City Engineering Department and Dakota County, prior to approval of this plat, and this shall be coordinated with access expected to be approved to the property to the north. 3. A planned development agreement shall be executed between the developer and the City in order to finalize the planned development zoning before this preliminary plat is approved. 4. The park dedication requirements shall be met as a condition of approval of the preliminary plat, as clarified by the Park Director, Ken Vraa, as they relate to DeBoer Park, and as finally approved by the City Council. 5. A determination shall be made by the City Council about the requirement for sidewalks along internal streets as a part of the approval of the preliminary plat. 6. The conditions from the July 20, 1982 Planned Development zoning by the City shall be met as a condition of approval of the preliminary plat. 7. Street names shall be provided for the internal streets and approved by the City Council as a part of the approval of the preliminary plat. 8. The ponding easement for Pond DP-5 shall be obtained as a responsibility of this development. 9. Pond DP-23 shall be graded to provide a minimum of 8 acre feet storage volume and a ponding easement to encompass the high water elevation shall be provided as a responsibility of this development. 10. An eight foot trailway shall be constructed along the east, north and west borders of this proposed development. 14 Council Minutes February 5, 1985 \ s , 11. A minimum 70 foot full right-of-way shall be dedicated for the internal public streets with a 40 foot half right-of-way dedicated for Denmark Avenue, a 75 foot half right-of-way dedicated for Yankee Doodle Road, and a 55 foot half right-of-way dedicated for Lexington Avenue. 12. A 20 foot utility easement shall be dedicated over the existing sanitary sewer. 13. A ponding easement for Pond DP-4 shall be obtained as a responsibility of this development. 14. The westetlk half 40 right-of-way for Denmark Avenue shall be obtained as a responsibility of this development. 15. The approval of the plan with 474 parking stalls is made subject to the conditions that the building will only be used for general office, and that additional parking stalls will be added to the property if necessary, upon request by the City when additional phases of development are approved, and with the further condition that there must be proof that the first phase of development will accommodate the additional parking necessary to meet the ordinance criteria for parking. All voted in favor. There was further discussion concerning park dedication, and Thomas Hedges stated that while the details are still to be worked out concerning land and cash park development, the park developer feels good about the proposal. and that it allows for connection to DeBoer Park to the south. There was further discussion concerning storm sewer requirements, and it was noted that the original PUD agreement did not discuss storm sewer. Consulting Engineer, Robert Rosene, stated that this plan does not change any of the original storm sewer plan, except in a very minor way, and Thomas Colbert stated that the only reason for the changes is that the Master Storm Sewer Plan cannot be as exacting as storm sewer plans must be upon development. Thomas Colbert noted that he is in the process of calculating the proposed responsibility of Federal Land Company for storm sewer in the area, and that it is hoped that storm sewer requirements can be finalized in the near future. Martin Colon stated that Federal Land Company would like to start construction on March 1, and if necessary, it would propose temporary ponding on the east portion of the 100 acres for the first building. Thomas Colbert stated that it is unlikely that the City could obtain an easement from the O'Neill property within 30 days, and that if an easement can't be obtained, the City would have to condemn in order to provide for ponding to the north of the proposed plat. Thomas Hedges stated that in order to allow a start on March 1, the City would have to be very rigid in an agreement with the developer concerning ponding. He stated that if there is condemnation, certain concessions would be required from the developer, and Mr. Colon responded that Federal Land would pay for the condemnation if it is reimbursed when the rest of the area is developed. Mr. Hedges stated that such an agreement should be a condition of final plat approval. Member Smith stated and member Wachter agreed that this is an important issue and that the City probably would not allow a building permit until final plat approval. Egan moved, Thomas seconded the motion to approve the conditional use permit to allow a 10-story office building on Lot 1, Block 1, Town Centre 100 1st Addition. All members voted in favor. 15 Council Minutes February 5, 1985'.' Smith moved, Thomas seconded the motion to allow a 9 foot by 18 foot parking stall dimension for an office parking lot for Lot 1, Block 1, Town Centre 100 1st Addition with double loaded parking stalls to be at least 62 feet in depth and single loaded stalls to be at least 45 feet in depth. All members voted yes, except Wachter who voted no. SEE PLAT FILE TOWN CENTER 70 - PRELIMINARY PLAT Mayor Blomquist convened the hearing concerning the application of Federal Land Company for preliminary plat approval of Town Centre 70 consisting of one commercial lot and two outlots on approximately 70 acres, located in part of the northwest quarter of Section 15, southeast of the intersection of Pilot Knob Road and Yankee Doodle Road. Thomas Hedges introduced the application and recommended that as an additional condition, approval be subject to final review and approval of the preliminary plat by the Park Committee. He stated that the Advisory Planning Commission had recommended approval, subject to a number of conditions. Dale Runkle explained the application and noted that the road to the northwest of the plat will be realigned as necessary if the applicant cannot obtain from the Minnesota Department of Transportation the necessary property to allow for the 60 foot right-of-way. Martin Colon appeared on behalf of the applicant and stated that the State will allow Federal Land Company to use state property for boulevard and will move the fence as necessary, and that the street issue with the State has been resolved. Charles Bartholdi appeared on behalf of the applicant, and recommended a change to condition 5 of the Advisory Planning Commission minutes to refer to the requirement that the overall plan be reviewed by the Planning Commission and Council prior to the commencement of any construction on the property, other than "site grading and grading for peripheral street and utilities" rather than as worded by the Advisory Planning Commission. Egan moved, Thomas seconded the motion to close the public hearing and approve the preliminary plat of Town Centre 70, subject to the following conditions: 1. The preliminary plat shall be subject to final review by the Park Committee. 2. Additional dedication for a minimum 60 foot right-of-way shall be obtained for the "loop" street from MnDOT or in the alternative, the "loop" street shall be relocated so that a minimum 60 foot right-of-way is platted. 3. Approval of the plat shall be subject to the approval of the Dakota County Plat Committee. 4. Outlots "A" and "B" shall be subject to re-platting prior to development. 5. Park dedication requirements shall be satisfied as determined by the City Council prior to the filing of the final plat. 6. An overall plan for the retail shopping center shall be reviewed by the Planning Commission and approved by the City Council in accordance with Section 11.20, Subdivision 12 of the Zoning Ordinance prior to the commencement of any construction on the property other than site grading and grading for peripheral streets or utilities. 16 Council Minutes February 5, 1985 7. A pedestrian circulation plan shall be approved by the City Council prior to the filing of the final plat. 8. Grading shall be accomplished so as to minimize the.amount of storm sewer water runoff to the ponding area at the northwest corner of Duckwood and Denmark. 9. An 8.1 acre feet storm water storage area shall be required in the vicinity of the Denmark and Duckwood street intersection. 10. Denmark Avenue and Duckwood Drive shall be 52 feet wide and remaining public streets shall be 40 feet wide. 11. A 40 foot public half right-of-way shall be dedicated for both Denmark and Duckwood streets with a 70 foot full public right-of-way dedicated for the internal street. 12. This development shall be responsible for obtaining the following easements: a. Roadway easement for east 40 foot half right-of-way for Denmark Avenue. b. Roadway easement for south 40 foot half right-of-way for Duckwood Drive. c. Roadway easement for proposed public street right-of-way encroaching upon MnDOT I-35E right-of-way. d. Ponding and utility easement encompassing 880 elevation for 8.1 acre foot storm water runoff volume. e. Ponding easement over Mr. Applebaum's property south of the proposed Duckwood Drive. 13. Final plat approval shall not be granted until the City obtains necessary ponding and utility easements for Pond DP-4. 14. This development shall be responsible for the trunk area storm sewer assessments at the rates in effect at the time of final platting. 15. An 8 foot trailway shall be installed along the north side of Duckwood Drive. 16. No more than 200,000 square feet of development shall be started until after an environmental assessment worksheet has been completed and an indirect source permit has been obtained. All members voted in favor. SEE PLAT FILE CEDAR CLIFF COMMERCIAL PARK - DRIVE-UP BANK FACILITY Mayor Blomquist convened the public hearing concerning the application of Federal Land Company for two conditional use permits to allow a drive-up bank 17 Council Minutes February 5, 1985 facility and pylon sign on Lot 2, Block 2, Cedar Cliff Commercial Park, Section 30, at the northwest corner of Scott Trail and Cliff Road. Dale Runkle stated that there has been some change in the proposed bank facility from the original proposal, and Martin Colon appeared on behalf of Federal Land Company and stated that the proposed bank would be the Dakota County State Bank. Eagan resident, Steve Darling, appeared and stated that the bank would detract from the neighborhood shopping center and that a drive-up bank would cause confusion and traffic problems. He also stated that the proposed sign is in the direct line of sight of the neighborhood and that there are too many signs in the neighborhood already. He further stated his concern about the brightness of lights in the back and the failure of the developer to use down-type of lights. Mayor Blomquist directed City staff to look into the lights and make sure that that problem is corrected. Mayor Blomquist stated that the sign meets the sign ordinance and member Wachter stated that it's hard to deny the proposal when it meets the City Code. Egan moved, Wachter seconded the motion to close the public hearing and to approve the conditional use permit for a drive-in bank facility, subject to the following conditions: 1. Five 10-foot parking stalls shall be provided on site. 2. The western entrance drive shall be increased to 24 feet in width. 3. Concrete curbs and landscaped islands shall be provided along the western property line. All members voted in favor. Member Smith stated that the sign ordinance allows only one sign in a shopping center on a major road, and that since the bank is part of the shopping center, an additional sign on Cliff Road cannot be allowed. Egan then moved, Thomas seconded the motion to approve the conditional use permit to allow a pylon sign for the drive-up bank facility on Lot 2, Block 2, Cedar Cliff Commercial Park, subject to an opinion from the staff legal consultant that the proposal meets the sign ordinance requirement as it relates to the question of whether the bank is part of the shopping center, or is a separate facility. The approval was subject to the following conditions: 1. The pylon sign construction shall be the same as the existing Cedar Cliff sign. 2. The pylon sign shall be located a minimum of 10 feet from any property line and shall not obstruct drivers' vision. 3. The sign shall be no more than 20 feet in height and shall not exceed 70 square feet in sign area. All members voted in favor except Smith, who voted no. SOLICITORS LICENSES It was noted that at the July 2, 1984 City Council meeting, the City Council directed that no one be allowed to solicit within the City either on a door-to-door basis or by parking at a specified location. City staff noted that this would restrict a number of non-profit groups from canvassing the l8 Council Minutes February 5, 1985 tiJ community. Councilmember Smith stated that City Attorney Hauge in the past has researched this issue and determined that door-to-door solicitation cannot be prohibited but can be regulated through licensing. Smith moved, Wachter seconded the motion to rescind the portion of the minutes of July 2, 1984 relating to door-to-door solicitation, but that the portion relating to parking in a specified location should remain. All members voted in favor. 1984 BUDGET REVISION City Administrator Hedges reviewed the 1984 budget revisions and stated that the final amount has not changed from previous authorizations, but that the adjustments are proposed only to bring the official budget in line with previously authorized expenditures which did not formally amend the budget during 1984. It was noted that the final amount of the budget was the same as was proposed for 1984, but that certain items of specific expenditure were moved from the contingency budget to other budgets and that revenues will still exceed expenditures. Egan moved, Wachter seconded. thee motion to approve the 1984 budget adjustments proposed in the staff memorandum dated January 28, 1985. All members voted in favor. CONTRACT #84-10 - SUPPLEMENTAL AGREEMENT NO. 1 & 2 Member Wachter asked why the two proposed change orders were not in the original contract, and Public Works Director Colbert stated that it was impossible to anticipate at the time of the signing of the contract that these items would be problems during construction. Wachter moved, Egan seconded the motion to approve Supplemental Agreements 1 and 2 to City Contract #84-10, Coachman Road, and to authorize the Mayor and City Clerk to execute all related documents. All members voted in favor. PROJECT #430 - S & W INDUSTRIAL ACRES - FEASIBILITY REPORT It was explained that this feasibility report is the one relating to the expanded Project #430. Smith moved, Thomas seconded the motion to receive the feasibility report for Project #430, S & W Acres streets and utilities, and to order the public hearing to be held on March 5, 1985 at 7:00 p.m. at the Eagan Municipal Center. All members voted in favor. TOUR OF CAN-AMERICAN PROPERTY Thomas Hedges reported that Mark Parranto would like to reschedule the proposed tour of the Can-American property from February 21 to February 28, 1985. Member Smith stated that he was unable to make it on the 28th. Mayor Blomquist moved, Egan seconded the motion to have the Public Works Committee consisting of members Smith and Wachter, meet with Mark Parranto to review the Can-American property. All members voted in favor. 19 Council Minutes February 5, 1985 125TH YEAR CELEBRATION Councilmember Wachter reported that three committees have been established for the celebration, the History Committee headed by Reverend Loren Nelson, the Tree Committee headed by Richard Bertz, and the Celebration Committee headed by Larry Wenzel. He recommended that the City give some financial help to the committees, and it was suggested that they develop a budget and submit it to the Council. No action was taken. CHECKLIST Blomquist moved, Smith seconded the motion to approve the checklist dated February 4 in the amount of $ 155, 632 .62 All voted in favor. February 5 .29 ADJOURNMENT Wachter moved, Egan seconded the motion to adjourn the meeting. The meeting adjourned at 1:00 a.m. All voted in favor. BS City rk 20