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03/05/1985 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 5, 1985 A regular meeting of the Eagan City Council was held on Tuesday, March 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, City Planner Runkle, Consulting Engineer Rosene and City Attorney Hauge. AGENDA Wachter moved, Smith seconded the motion to approve the agenda. All mem- bers voted in favor. MINUTES Regular Meeting - February 19, 1985. Upon motion by Egan, seconded Wachter, it was resolved that the minutes be approved with the understanding that on page 11 relating to the City Celebration Committee, the revenue source should be transferred from the contingency fund. All members voted yea. POLICE DEPARTMENT Police Chief, Jay Berthe, was present. Mr. Berthe stated that one of the dispatchers is on leave to take care of her terminally-ill husband, and there- fore requested a part-time dispatcher be authorized and recommended Penny Miklus, a former member of the Dispatcher Section, be hired on a part-time basis. Blomquist moved, Wachter seconded the motion to approve the recom- mendation. All voted in favor. PUBLIC WORKS DEPARTMENT Public Works Director, Tom Colbert appeared. 1. Safari Reservoir Access Agreement. Mr. Colbert reviewed a proposed agreement with Ray Hermanson who is an owner of property in Apple Valley, adjacent to the Safari Reservoir site, requesting the use of the access road for access to a residence to be proposed to be constructed on the Hermanson property. Councilmembers were concerned about maintenance of the road, and upon motion by Thomas, seconded Wachter, it was resolved that the Agreement be approved, subject to execution by all parties in interest. All members voted yes. 1 Council Minutes March 5, 1985 2. 1984 Comprehensive Master Storm Sewer Plan Update. The Director of Public Works coordinated the preparation of an updated Comprehensive Master Storm Sewer Plan through the consulting engineering firm of Bonestroo, Rosene, Anderlik & Assoc. in 1984. The Plan has now been completed and it was recom- mended that the City Council approve the plan as submitted. Egan moved, Smith seconded the motion to approve the plan and authorize the final payment of $33,022.25 to the consulting engineering firm. All members voted affirma- tively. 3. Birch Park Addition - Project #417. Mr. Colbert stated that certain objections have been received from property owners on the south side of Deer- wood Drive regarding the proposed assessments for Project #417 covering utilities and street improvements. He indicated he met with some of the property owners and they have requested revision including the change in the line of the road 10 feet northerly and also requested a reduction of assess- ments. Mr. Colbert recommended the Council authorize the hiring of an appraiser to prepare an appraisal of the property located on the south side to determine the benefits for assessment purposes. Wachter moved, Egan seconded the motion to approve the recommendation. All members voted yea. 4. Street Light Energy Costs. It was noted that the City has 409 orna- mental street lights and 15 major intersection lights which have resulted in a deficiency during 1984 in the sum of $4,400.00 for energy costs. It was recommended that a revision in the rates per quarter be approved as follows: Single Family/Twin Homes (R-1, R-2): $2.50 per quarter per lot. Townhouses (R-3): $2.00 per quarter per unit. Multiple Residential & Commercial/Industrial (R-4,C/I): $17.50 per quart.per billing acct. Thomas moved, Egan seconded the motion to approve the recommended revi- sions in the lighting fee schedule. All members voted in favor. CONSENT AGENDA The following consent agenda items were brought before the Council and the staff recommended approval: 1. Personnel Items. a. Director of Public Works. Mr. Hedges indicated that Tom Colbert, the Director of Public Works for the last 6 1/2 years has submitted his resig- nation to be effective April 12, 1985. His last day of work will be Friday, March 22, and he will then use three weeks of vacation before starting his new employment with the consulting engineering firm of McCombs & Knutson, on Mon- day, April 15, 1985. Mr. Hedges thanked Mr. Colbert for his contributions to the City and wished him success in his new venture. Wachter moved, Egan seconded the motion to accept the resignation with reluctance effective April 12, 1985. All members voted in favor. 2 Council Minutes March 5, 1985 b. Richard Riste Termination. The Veterans' Preference Board has ruled in favor of the City of Eagan and Richard Riste was terminated effective upon execution of the legal order by the panel on February 21, 1985. It was recommended that the final termination of Mr. Riste as a maintenance employee for the City of Eagan, be approved. c. Police Department - Clerk/Typist. The Police Department is re- questing that Kathy Gray be hired as a part-time receptionist/clerk to be effective March 4, 1985. d. Dispatcher. The Police Department is also requesting approval for the hiring of Rita Kordell as part-time dispatcher to be effective March 4, 1985 to replace Patricia Hemauer who recently resigned. e. Special Assessment Aide. The City has received a resignation from Donna Muench as permanent part-time special assessment aide position effective at the time that a replacement can be hired. f. Utility Maintenance Employees. A vacancy has been created by the termination of a maintenance employee and in addition, the 1985 budget created an additional utility maintenance position. Approximately 125 applications have been received by the City for these two positions and it was recommended that Michael Chell and Wayne Schwanz be approved to fill the existing vacan- cies, subject to satisfactory completion of physical examinations. 2. Contractors' Licenses. A list of contractors who have requested a renewal of their licenses has been submitted by the Chief Building Inspector and recommended to be approved. 3. Knights of Columbus - Bingo Application. The Knights of Columbus has requested approval of its gambling application for bingo on March 29, 1985 at St. John Neumann Church and the staff recommended approval. 4. Eagandale On-Sale Liquor License. Graham Gurr and Marlene Gurr, the Director and Manager of the Eagandale Club, have requested that the on-sale liquor license be transferred from William Hickey to the Gurrs and further, that the Eagandale license in the name of William E. Hickey be canceled. The staff recommended approval. 5. Windtree 4th Addition - Project #437 - Feasibility Report. A Petition has been received from the owner and developer of Windtree 4th Addition re- questing preparation of a feasibility report and it was recommended that the Petition be received and the Council authorize the preparation of the feasi- bility report along with detailed plans and specifications for Project #437. 6. Patrick Eagan Park - Contract #84-16 - Final Payment. The staff recommended that the third and final payment of $41,313.80 to Hennen Con- struction Company for Contract #84-16 consisting of the Patrick Eagan Park area and trunk storm sewer be approved and the project be authorized to be accepted for perpetual maintenance. 3 Council Minutes March 5, 1985 7. Well Site #5 - Contract -F84--l8- - Final Payment. It was recommended that the Council approve the third and final payment for Contract #84i8 con- sisting of trunk storm sewer for the Well Site #5 area in the amount of $5,994.93 to W. & G Rehbein Bros. and that the project be accepted for per- petual maintenance purposes. 8. Oak Cliff Pond - Contract #84-11 - Final Payment. A request for final payment from the contractor under Contract #84-11 was received and it was recommended that the Council approve the fifth and final payment in the amount of $3,896.00 to Ro-So Contracting Company covering Contract #84-11 consisting of the Oak Cliff Pond Lift Station and to authorize the project to be accepted for permanent maintenance. 9. Hillcrest Addition - Contract #83-12 - Final Payment. The staff has received a request for final payment from Northdale Construction Company con- sisting of the sixth and final payment of $5,806.64 under Contract #83-12 covering street and utility improvements in Hillcrest Addition. The staff recommended approval of the final payment and that the Council accept the project for perpetual maintenance purposes. 10. Cedar Cliff Commercial Park - Contract #84-24 - Change Order #1. The Developer, Federal Land Company, requested the construction of concrete side- walk adjacent to the south and west property lines of the Cedar Cliff Com- mercial Park Development, adjacent to Cliff Road and Nicols Road. The addi- tion for Part A would amount to $16,762.00. Part B consists of $1,147.50 in Cedar Cliff Commercial Park to cover the construction of a culvert at the intersection of Cliff Drive and Cliff Road. It was recommended that Change Order No. 1 to Contract #84-24 in the amount of $17,909.50 be approved. 11. Lexington Place South - Street Improvements - Project #438. A Peti- tion has been received from U. S. Homes Corporation, the developer of Lexing- ton Place South Addition to complete the street installation under public contract and to assess the property. It was recommended the Petition be re- ceived and to authorize the preparation of a feasibility report along with detailed plans and specifications for Project #438. 12. Eagandale Center Industrial Park 7th Addition - Final Plat. An application had been received from the developers of Eagandale Center Indus- trial Park No. 7 for final plat approval and the staff recommended approval based upon submission of all necessary documents. R 85-7 13. LeMay Lake Addition - Feasibility Report - Project #424. The feasi- bility report for LeMay Lake Addition marked Project #424, streets and utility improvements, was recommended for receipt by the Council and that a public hearing be scheduled for April 2, 1985 at 7:00 p.m. at the City Hall. R 85-45.1 Wachter moved, Egan seconded the motion to approve all of the foregoing consent agenda items and authorize the execution of all necessary documents. All councilmembers voted affirmatively. S & W INDUSTRIAL ACRES - PROJECT #430 - PUBLIC HEARING Mayor Bea Blomquist convened the public hearing regarding project #430 consisting of S & W Industrial Acres street and utility improvements. The developer of the subdivision requested the improvements and Mr. Colbert and Mr. Rosene explained the project to the City Council. There were no objec- tions to the project and Egan moved, Wachter seconded the motion to close the hearing, to approve the installation of the street and utilities under Project #430 and to authorize the preparation of plans and specifications. All mem- bers voted yes. Council Minutes March 5, 1985 GOLDEN MEADOW ROAD - STREETS & UTILITIES - PROJECT #418R The next public hearing convened by the Mayor consisted of proposed street improvements and utility improvements along Golden Meadow Road to service the proposed King 1st and 2nd Additions and the general vicinity. It was noted that on September 18, 1984, a public hearing was held in conjunction with a hearing covering Hackmore Drive improvements under Project #406. Because of objections, both projects were denied and after the preparation of a new feasibility report for Golden Meadow Road only, and a meeting with the neigh- boring property owners, the Council scheduled a public hearing for March 5, 1985. Tom Colbert and Bob Rosene explained the project to the Council and members of the audience. A number of affected property owners were present, including Gary King. All costs will be assessed against benefited property owners. Jerry Sauter, an owner on the north side of the road, was present and asked if Parcel 020-28 could develop an additional lot accessing Golden Meadow Road. Councilmembers indicated they saw no objections but noted that all requirements must be fulfilled, including platting and zoning in order to do so. There being no objections, Smith moved, Wachter seconded the motion to close the hearing and to order in the project and the preparation of the plans and specifications. It was further noted that an agreement has been prepared for Mr. & Mrs. Armand Laurent and Mr. & Mrs. Tom Rice covering property owned along Golden Meadow Road. All members voted in favor. ASSESSMENT HEARING - PARKVIEW GOLF COURSE - PROJECT #315R The Mayor then noted the convening of the continued public hearing regard- ing Project #315R consisting of trunk storm sewer assessments for the Parkview Golf Course on the south side of Cliff Road. Mr. Colbert noted that on August 7, 1984, the final assessment hearing was held and the property owners sub- mitted objections at that time. The revised amount of the assessments pro- posed are $12,792.00 and he noted that an appraisal was prepared by Mark Parranto, indicating the benefit of the property to be $13,280.00. City Attorney Paul Hauge introduced the project and noted that the City Public Works Director and the appraiser for the City will submit testimony to the Council for its determination regarding benefit to the land for the improvements. It was noted that the hearing would be recorded on a cassette recorder and copies would be available to anyone for a reasonable cost. Tom Colbert described the project indicating that there have been serious washing due to water on the north side of Cliff Road caused by water that had been generated on the south side of Cliff Road in the vicinity of the Parkview Golf Course. Mr. Colbert also noted that originally the assessment was pro- posed to cover 40 acres and was reduced to 10 acres with a 20% area credit. There was discussion concerning the culvert under Cliff Road which controls the rate of flow by a restricted orifice of 18 inches in size. He noted that a ravine is being used to store the water temporarily for backup purposes which ravine has been caused due to the heavy water flow on the south side of the road. 5 Council Minutes March 5, 1985 Mr. Parranto reviewed his appraisal covering the property and stated the value of the land is the only issue that has been covered in his appraisal and not the buildings involved on the property. Warren Peterson, Attorney for Donald Larson, and Mr. Larson, were present. Mr. Peterson made a presentation. He stated that trenching has been installed into the ravine and that there was no backup of water prior to the installa- tion of the new culvert and the orifice restricting the flow. He indicated that his client intends to fill the ravine and to build a driving range in that location. He stated there is no benefit to the property when the pipe has been reduced in size and further noted that the zoning is for public purposes. There was discussion to the effect that the golf course may be developed for housing purposes at some time in the future and also there was discussion regarding proposed underlying zoning which was discussed at the time of the preparation of the revised Comprehensive Guide Plan. Mr. Colbert stated that if the ravine were filled, there would have to be a provision for extending the culvert farther into the Larsen property on the south, and noted that the project had intentionally been scaled back at the request of Mr. Larsen and one other property owner on the south. It was noted that the appraisal indi- cated that the property could be used for single family, which is the lowest residential density category and the appraiser stated there was a greater benefit from having the storm sewer installed. After extensive review and discussion, Egan moved, Smith seconded the motion to close the hearing and to adopt the Findings, Conclusions and Levy of Assessments with the assessment in the amount of $12,792.00. All members voted in favor. GOPHER SMELTING PROPERTY - PROJECT #381 - ASSESSMENT HEARING The next continued hearing that was convened covered Project #381 regard- ing the Gopher Smelting property on the north side of Yankee Doodle Road under Project #381. Tom Colbert introduced the project, indicating that on August 7, 1984, the Council held the final assessment hearing and the property owner then submitted written objections to the proposed assessments in the original amount of $145,305.00. Paul Hauge, the City Attorney, requested a review of the project by Mr. Colbert who indicated that portions of property are quite steep but are build- able according to engineering and construction standards. When asked whether the project was premature, Mr. Colbert noted that an outlet has been installed from the Borchert-Ingersoll Pond and that the Gopher Smelting property gen- erally drains into that pond area. He stated that the Gopher Smelting area should not be developed without pond outlet, and also noted that the Gopher Smelting lead plant is located within the area proposed to be assessed. A planned development has been approved for the area and property south of Yankee Doodle Road, owned by Gopher Smelting Company, has been listed for sale. 6 Council Minutes March 5, 1985 Mark Parranto reviewed the appraisal that he prepared for the City and noted that some gravel had been mined off the property in the past and further, that he had made no attempt to appraise the valuation of the smelting plant. He further indicated that the benefits to the property would be $193.350.00, and therefore, they exceed the proposed assessment. Reid Hansen of the McMenomy, Sheldon office appeared on behalf of Gopher Smelting Company and made the following comments. 1. There is no special benefit to the property in that only the property that creates problems should be assessed. 2. Part of the land is undevelopable, and therefore has no benefit. 3. The sanitary sewer, water and storm sewer assessments total about $9,000.00 per acre, which may be close to what the actual value of the property is worth. 4. The assessments are in excess of the cost of the project. After discussion and review, Wachter moved, Egan seconded the motion to close the hearing, to approve the assessments according to the Findings of Fact, Conclusions of Law and Levy of Assessments submitted to the City Council and that the assessments in the sum of $145,305.00 be and they hereby are approved and authorized to be certified to the County. All voted in favor. HEIDI SCHEILA - ASSESSMENT HEARING - PROJECT #383 The next public hearing convened consisted of the continued final assess- ment hearing under Project #383 covering the Heidi Schiela property on the east side of Dodd Road relating to trunk storm sewer and assessments. On August 7, 1984, the final assessment hearing was held and the property owners submitted written objections at that time. Mr. Colbert indicated that the original assessment was $11,680.00 and the Special Assessment Committee recom- mended a reduction to $5,511.00 and the appraiser indicated a benefit of $11,700.00. The basis of the recommendation for reduction was the implementa- tion of the large-lot policy and further, the 200 foot power line easement along the north side of the property. Mr. Colbert indicated that no easement has been acquired for the pond area, but that there is an outlet to the pond. It was recommended that a formal agreement be entered into and in the event that the property is developed in the future, that the property owner would waive the right to object to assessment rates in effect at that time. Heidi Scheila was present as well as Reid Hansen who made a presentation on her behalf. After considerable discussion, Smith moved, Thomas seconded the motion to close the hearing and approve the recommendation of the Special Assessment Committee providing for assessments in the approximate amount of $5,511.00, subject however, to the execution of an Agreement prepared by the City includ- ing changes in use and use of the land within the power line easement. All members voted yes except Wachter who voted no indicating that he objected to the Green Acres classification for the Scheila property and also to the reduc- tion in the amount of the assessment. 7 Council Minutes March 5, 1985 NAEGELE COMPANY - ADVERTISING SIGNS The Naegele Outdoor Advertising Company has submitted applications for a conditional use permit for advertising sign located on Lot 14, Block 1, Eagan- dale Industrial Park and for permit for a sign on part of Government Lot 7, Section 18, in the southeast corner of Silver Bell Road and Trunk Highway #13. A representative of Naegele Company had contacted the City Administrator's office and also had submitted a letter requesting that the sign permit for Lot 14, Block 1, Eagandale Industrial Park be continued indefinitely and applica- tion for the permit near Silver Bell Road and Trunk Highway #13 be withdrawn. Joan Bohlig, an Eagan resident appeared and indicated her opposition to the approval of billboard signs and recommended the council review the policies that provide for reduction or elimination of billboards in the City. Smith moved, Thomas seconded the motion to continue the application for the permit on Lot 14, Block 1, Eagandale Industrial Park indefinitely. All members voted yes. Thomas then moved, Wachter seconded the motion to authorize the with- drawal of the application for the sign at Silver Bell and Highway #13. All members voted in favor. THOMAS LAKE PLACE - PRELIMINARY PLAT The application of Dominium Group for preliminary plat approval of Thomas Lake Place consisting of 228 units on 17.5 acres was brought before the Council. The Planning Commission at its meeting on February 26, 1985 adopted a motion to continue the application for 60 days for additional information. Councilmembers also asked that the information be submitted to Councilmembers at the same time as it is submitted to the Planning Commission members. It was recommended that the Council continue the application indefinitely, and upon motion by Egan, seconded Wachter, all members voted yea, it was resolved to approve the recommendation submitted by the staff. SEE PLAT FILE HAMPTON HEIGHTS - PRELIMINARY PLAT & REZONING The application of Frontier Midwest for preliminary plat approval of Hampton Heights consisting of 195 single family lots and 3 outlots on 52 acres and an application for rezoning from A (Agricultural) to R-3 Planned Develop- ment for approximately 49 acres, and rezoning of approximately 3 acres from Agricultural to Limited Business was brought to the Council. The Planning Commission considered the application at its January 24, 1985 and February 26, 1985 meetings. The APC recommended approval with some minor modifications regarding width and lot sizes for the small single family lots. Dale Runkle detailed the application noting that the Comprehensive Guide Plan designates the parcel as R-II which allows a mixed residential with a density of 3 to 6 dwelling units per acre. The plat would provide for single family lots and have a gross density of approximately 4.4 units per acre under the first plan. Two additional plans have now been submitted and the third plan was brought before the Council and it was noted that the staff had not reviewed the third plan. Mr. Runkle indicated the lot size issue is the single most important issue. 8 Council Minutes March 5, 1985 Mark Parranto and others appeared on behalf of the applicant and Mr. Parranto reviewed with the Council the various uses of property in the general area. He noted the density is close to the townhouse density but each house has a 40 foot front with 890 to 1,100 square feet per unit with proposed cost of $61,900.00 to $92,500.00. He indicated the project would be a turn-key operation and also requested 20 foot front yard setbacks. He showed slides of similar houses in other subdivisions in Eagan and reviewed with the Council, the topography, noting that there will be a topographic differential in the proposed development. All streets are proposed to provide for 28 foot improved streets, intend- ing to slow down traffic and he also noted that automobiles are smaller today. Off street parking would be provided for 6 cars per lot with two in the garage and 4 on the driveway. He indicated that originally the proposal included minimum 6,000 square foot lots and minimum 60 foot frontages and the Planning Commission recom- mended minimum 65 foot lots. The number of lots has now been reduced from 193 lots to 157 lots under the third proposal, with the average size going from 7,700 to 9,500 square feet per lot. The minimum frontage would be 65 feet and the minimum depth on the north lots is 100 feet with a minimum depth along the east and west boundaries of 130 feet. He also noted that revisions have taken place in the plan to incorporate the proposed Sienna Corporation plat to the south and access to the east and the south have now been included in the plan. Mayor Blomquist was concerned whether the plan would fit the site, or whether the site would be graded to fit the plat. Mr. Colbert stated he had not seen the most recent proposal and noted that water services would be available, the storm sewer requires more detailed study but recommended 32 foot minimum improved streets be installed for parking and traffic purposes. George Bohlig, a property owner to the south, appeared and indicated the revised plan is an improvement but was concerned about high density and whether sidewalks should be provided in high density areas. He also ques- tioned whether the property was being rezoned and noted that 6,500 square foot lots would be the smallest allowed in Eagan. Mr. Parranto indicated that this is the reason for the R-3 planned development proposed. Councilman Wachter had certain objections including the fact that front- ages were not of sufficient width, the street widths were not adequate, the topography was not appropriate for the proposal, the density will potentially impact the schools, streets and parks adversely, the variances were excessive and the Engineering staff should be given additional time to study the pro- posal. There was extended discussion concerning the smaller lot sizes and whether the staff should review the proposal in depth. Mayor Blomquist was also concerned about the setback revisions and compliance with street width standards and the use of the planned development to provide for R-3 use. Mr. Parranto indicated that the proposal now provides for 4 1/2 units per acre, which is within the R-II density. Councilman Smith had questions whether the Council can expect that more of a transitional use would be built or whether to accept the proposed use with wider than 28 foot improved streets. Councilman Egan indicated he approved of the styles of the residences and the street design, but questioned whether 9 Council Minutes March 5, 1985 74 there are less buildable sites and less destruction of the terrain if town- houses would be built on the site and therefore may be more amenable to the physical setting. After extended discussion, Smith moved, Blomquist seconded the motion to refer the application to the Advisory Planning Commission to explore whether townhouse construction would be a reasonable alternate for the site and further, to review the proposed setbacks and streets in conjunction with the proposed zoning. All members voted in favor. SEE PLAT FILE NORTHWEST AIRLINES - PRELIMINARY PLAT The application of Northwest Airlines for preliminary plat approval of Northwest Airlines 1st Addition next came before the Council. The Advisory Planning Commission at its public hearing on February 26, 1985 recommended approval subject to numerous conditions. Mr. Hedges announced that the appli- cation had originally been scheduled for March 19, 1985 but in order to balance the agenda, scheduled it for March 5, 1985 indicating that there had been very few appearances at the Advisory Planning Commission meeting. Mr. Runkle explained the application, including the site plan and the plat and it was noted that during Phase 4 approval, a determination should be made where the street connection should be installed to the north. Parking is provided for 885 spaces with additional parking area available if necessary. One con- cern by Northwest Airlines was the location of the proposal water main. Peter Jarvis, Consultant, and Steve Wheeler of Northwest Airlines, to- gether with Warren Beck and Bill Fain of Thorsen & Thorshnov Architects, were present for the applicant. Mr. Jarvis briefly explained the proposal and Mr. Fain indicated that up to 500,000 additional square feet of building could be added to the site in addition to the 267,616 square feet proposed in the initial layout. The Northwest site would be on 74.38 acres plus an outlot containing 83.78 acres controlled by Northwest Airlines for future expansion and development. Mr. Fain also noted that a knoll along the west line of the street would be installed and a three-story building with the front facing south is being proposed. Councilman Wachter had concerns about the potential traffic density and suggested that a revised traffic plan be reviewed to access on to the internal street. There were no objections to the application and after discussion, Wachter moved, Egan seconded the motion to approve the application subject to the following conditions: 1. All of the standard conditions set forth in the platting process along with the EIS and a Planned Development Agreement shall be signed prior to approval of the final plat of this facility. 2. This development shall be responsible for obtaining the necessary DNR permits to work within the OHWL for Pond FP-5. 3. If possible, the driveway servicing the south parking lot adjacent to Pond FP-5 shall be moved northwesterly far enough to eliminate the proposed retaining wall. 10 Council Minutes March 5, 1985 4. A Development Contract shall be entered into between Laukka-Beck and the City insuring installation of public streets & utilities prior to final plat approval. 5. A 12 inch watermain shall be required across the northerly portion of the development, terminating at the east line of Lot 1, if determined to be necessary by the City staff. 6. Driveways shall be a minimum of 32 feet wide with additional width for turning lanes for the main access drive. 7. A 40 foot half public right-of-way shall be dedicated for O°Neill Road (E. Blue Gentian Road). 8. Ponding easements encompassing the HWL shall be dedicated on the final plat for Pond FP-4 & FP-5. 9. Utility easements for watermain, sanitary sewer & storm sewer as re- quired by Staff shall be dedicated on the final plat. 10. This development shall be responsible for trunk area watermain assessments at the rates in effect at the time of final plat. 11. This development shall be responsible for all costs associated with the construction of lateral utilities required for this development. All members voted yes except Blomquist who abstained indicating she favored the proposed development. SEE PLAT FILE CTC BUSINESS CAMPUS - COMP GUIDE AMENDMENT At the February 26, 1985 City Council meeting, an application to amend the Comprehensive Guide Plan to allow a change from R-2 to a Limited Business use for the CTC Business Campus was considered and approved. The APC and City Council approved the rezoning and preliminary plat for CTC and it was now recommended that the Council approve the amendment to the Eagan Comprehensive Guide Plan from R-2 to LB, noting that the amendment will be forwarded to the Metropolitan Council for its review. Egan moved, Wachter seconded the motion to approve the recommendation. All members voted yea. R 85-6 S & W INDUSTRIAL ACRES - PLANS & SPECIFICATIONS - CONTRACT #85-1 The plans and specifications covering Contract #85-1 relating to installa- tion of streets and utilities in S & W Industrial Acres was brought to the Council. The staff recommended approval and upon motion by Wachter, seconded Egan, it was resolved that the detailed plans and specifications for Contract #85-1 be approved and the Clerk be authorized to advertise for bids to be opened at the Eagan Municipal Center at 10:30 a.m. on Thursday, March 28, 1985. All Council members voted affirmatively. 11 Council Minutes March 5, 1985 PEACEFUL HEIGHTS ADDITION - PLANS AND SPECS - CONTRACT #85-2 The next set of plans brought before the Council concerned Peaceful Heights Addition streets and utility improvements under Contract #85-2 and it was recommended they be approved. Mr. Colbert explained the revisions to the plans and Smith moved, Thomas seconded the motion to approve the detailed plans and specs and to authorize the Clerk to advertise for the bids to be published in the legal newspaper with bid opening to be held on Friday, March 29, 1985 at 10:30 a.m. at the Eagan Municipal Center. All members voted yes. BLACKHAWK ROAD - SPECIAL ASSESSMENT DEFERMENTS - PROJECT #317 On February 5, 1985 the continued final assessment hearing for four property owners along Blackhawk Road was held with final assessments being adopted with revisions. The City Attorney's office prepared agreements cover- ing three of the properties including Holden, Kruger and Tscherne. All of the property owners were present and Tschernes and Krugers indicated they were willing to sign the Agreement, but Mr. & Mrs. Holden were present and objected to the amount of the assessment against their property. Tom Colbert explained the provisions of the agreement and it was noted that as long as the uses do not change, then the assessment provisions will remain without revision. Darold Holden requested to have an extension of 60 days in order for him to contact his attorney regarding the assessments and Councilman Thomas suggested the Council allow additional time in order to perfect his appeal. Councilman Smith stated that the Holdens were given an opportunity on February 5 to sub- mit any appraisal information that they had and they did not do so, although Mr. Holden, on March 5 submitted a letter from Mark Parranto regarding the valuation of the Holden property. City Attorney Paul Hauge indicated that the 30 day appeal time was juris- dictional under the Minnesota Statutes, but that the Council could waive any objection to an extension of time. It was noted, however, that the appeal time would soon expire and that it would be safest for the Holdens to perfect their appeal if they wish to do so. Councilman Egan stated the attempt was to assess an average of $11,000.00 per unit, and thus the amount for the amount of the assessment against the Holden property. Egan moved, Wachter seconded the motion to approve the Kruger and Tscherne agreements, subject to execution by the property owners. All members voted yes. Smith then moved, Egan seconded the motion to extend the period of time for acceptance of an agreement from Mr. & Mrs. Holden, noting however, the statutory appeal time is 30 days from the adoption of the assessments on Feb- ruary 5, 1985, but that the City Council will not object to the affection of the appeal for an additional 30 days beyond March 5, 1985. All members voted yes. BUILDING INSPECTION DEPARTMENT TRUCK Tom Hedges indicated that quotes have now been received for 1/2 ton pick- up for the Building Inspection Department and noted the low quote was from Southview Chevrolet in the sum of $8,917.00. Smith moved, Thomas seconded the motion to approve the low quote and authorize the City to acquire the truck from Southview Chevrolet. All members voted yes. 12 Council Minutes March 5, 1985 1985 BUDGETS The City Administrator distributed the 1985 Budgets to the City Council members for their review. SPECIAL CITY COUNCIL MEETING A special City Council workshop session will be held on Tuesday, March 12, 1985 at the Eagan Municipal Center at 7:00 p.m. to review a number of issues that require Council attention and action. COMMUNITY BICYCLE SAFETY GRANT APPLICATION Tom Hedges reviewed with the Council a proposed application for grant money for Community Bicycle Safety purposes. After explaining the proposed application, Blomquist moved, Egan seconded the motion to authorize the sub- mission of such a grant application. All members voted affirmatively. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Dale Runkle described for the Council the current status of the Community Development Block Grant Funds for Apple Valley, Burnsville and Eagan and indi- cated that at a County Board Meeting on March 5, a tentative agreement had been arrived at amongst the three communities. The proposal included funding for CAC and retrofitting for the balance of the 1985 funds and part of the 1986 funding with $149,000.00 to be divided between Eagan and Apple Valley for retrofitting or whatever designated purposes are determined by each of the communities. Mr. Runkle was requested to prepare a Memorandum for the Council before final action by the Eagan City Council. CHECKLIST Thomas moved, Smith seconded the motion to approve the following checklist dated March 5, 1985 in the amount of $195,141.45. All members voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:00 p.m. All voted yes. PHH C e rk 13