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08/19/1980 - City Council Regular0 AGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL AUGUST 19, 1980 6:30 P.M. I. 6:30 - ROLL CALL AND PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA AND APPROVAL OF MINUTES III. 6:35 - WORKER'S COMPENSATION & GENERAL LIBILITY - VALLEY VIEW INSURANCE IV. 6:35 - DEPARTMENT HEAD BUSINESS T'S A. Fire Department ?-I't.C. Park Department gj B. Police Department D. Public Works Department V. 6:55 - CONSENT ITEMS [One (1) Motion Approves All Items] 0?. \',N. A. St. John Neumann Church Temporary Beer and Combination Gambling • License %2%B. Capital Ski Club for Temporary Beer. License �3 C. Reciprocal Fire Service Agreement /City of Bloomington 'P,lle D. Cooperative Snow Removal Agreement /City of Burnsville V,IVE. Supplemental Agreement #1 MnDOT /Agreement 59923 F. Set Public Hearing for Highway Easement Near Heine Strasse for September 16, 1980 Meeting VI. 7:00 PUBLIC HEARINGS A. Economics Laboratory, Inc., for a $7,000,000 Tax Exempt Commercial Revenue Mortgage Application VII. OLD BUSINESS V-2P A. U -Haul Conditional Use Permit Renewal T,'p B. Comprehensive Guide Plan oC. Final Resolution for DCR Company $ 700,000 Commercial Revenue Mortgage Issue /Expansion of Cedarvale Lanes i • EAGAN CITY COUNCIL AGENDA AUGUST 19, 1980 PAGE TWO VIII. NEW BUSINESS 1p. a3 A. Joe Peterson for Preliminary Plat for Clearview 3rd Addition, located on Lot 6, Block 1, Clearview Addition B. Gopher Smelting for Preliminary Plat Approval, Gopher -Eagan j Industrial Park Second Addition and Zero Setback Variance for a Building, located in the SEk of the SW'k of Section 12 gyp, C. Extension of Conditional Use Permit for Eagan Automotive IX. `` OTHER BUSINESS T4% A. MSA Mileage Designation .44;kB. Election Judge Appointments for September 9 & November 4 Elections y-)C. Plans & Specifications for Imp. 80 -26 P' 41D. Plans & Specifications for Imp. 80 -10 Pp,y7E. Plans & Specifications for Imp. 80 -28 47 F. Ches Mar East Third Addition Final Plat X. �� VISITORS TO BE HEARD (For those persons not on the Agenda) XI. ADJOURNMENT • . rn ai ao ai Qi cri "D M 1p 0000 rn ONO � . . . ' . n n n C7y"y O 06 i.f1 l0 00 O � 0000 N Ol W N lL1 O u1 u1 N L N O r n M M r- N Lr) Ln �l • • • • r • . 00 01 lqr r- O O U] M l- O 00 O y N to 409- OD O QQ oo co dq (n oO v W oG, O IV rl N d' Ln k r-% 00 W 00 � M t] r H w U M M M d M Ln r- C, d V} cn P.. O �O Fq 49- � �a H r, w Ln IV N L r- 00 U 00 O 00 d+ O §0 C, Ln 00 N N N O O �C M a M ro � M N VA V} V} V} V} vl) O 49- 49- a rx U) (a u? 1� H .p-p -I pOp U) W L4 .� p a 3 U � �► � a W 4J q a � o °� a4 3 INSURANCE • BONDS • EMPLOYER BENEFITS • 8210 HIGHWOOD DRIVE • BLOOMINGTON, MINNESOTA 55438 • (612) 944 -7272 Al Just 14, 1980 Mr. Tcm Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 RE: City of Eagan Automobile Insurance Renewal Dear Tom: Please find attached statistical data our agency has compiled re- garding the City of Eagan automobile fleet schedule. Earlier this year it became apparent to us that it may be advantageous for the City of Eagan to repurchase additional insurance protection for physical damage on its fleet. I feel the attached data should be adequate for you and the council to make a decision. To refresh your memory, Tom, during the policy years of 1978 to 1979, the City of Eagan was faced with a substantial increase in automobile premiums. This was due to the additional purchase of licensed automobiles as well as spiraling costs by the insurance companies, attributed to inflation and poor loss experience. At that time, Councilman Jim Smith, and yourself sat down with our agency to discuss alternatives. We consequently presented to the Council a limited form of self insurance, which would affectively reduce the insurance costs by $7,206. The idea behind this reduc- tion was to create a self insured fund in which the City of Eagan would pay claims below the designated deductibles. Those deducti- bles ranged from a minimum of $1,000. deductible collision and in the case of the police department, a complete deletion of physical damage in its entirety. While statistical data regarding the ac- tual amount paid by the City of Eagan to recover its losses, is extremely sketchy it would appear as if the net reduction of $7,206. was a cost saving during that policy year. During the policy year 1979 to 1980, it was again felt that a reduced amount of coverage would, in the long run, be beneficial to the City of Eagan. Indications received from the City during that policy year, indicate that again, the loss experience, was favorable. During the 1979 and 1980 policy year many factors began to influ- ence the pricing of commercial insurance policies. The insurance industry entered what we call "a soft market," that is to say insurance companies began competing vigorously for all types of commercial insurance business. Rates for medical malpractice, • City of Eagan Automobile Insurance Renewal Page /2 August 14, 1980 products liability and other hard to place insurance risks dropped as much as 75% in one year. It was the feeling of the industry at that time that higher interest rates and returns on investment exceeding 20 %, were all the more reason for the insurance industry to increase its cash flow. This "rate war" while perhaps not directly benefiting the insurance industry, has certainly been kind to the insurance buyer. While these reductions may be temporary in nature, we feel the customer should take every option available to them. It is because of this atmosphere of reduced rates that I am proposing to you this alternate quotation. You will notice that during the last three policy years, the City of Eagan's fleet has grown from 34 to 55 units. The policy pre- mium for 1977 was $17,155., while today we are proposing a renew- al at $18,441. This represents on a cost per unit basis, a decrease from $505. per unit to $335. per unit, or a per unit decrease of approximately 50% per unit. As you can see, Tom, it would be highly advantageous for the City of Eagan to resume its insurance • coverages on such units as the police department squad vehicles for comprehensive and collision. While in 1977 the deletion of cer- tain coverages saved the City $7,206. annually, the same deletion of these coverages would only save the City approximately $2,000. annually. In essence, the premium savings have gone down, while the exposure to risk has increased. I think it is obvious that when this situation occurs, it is advantageous for the insurance buyer to purchase as much coverage at these reduced costs as possible. As your insurance broker, we of course stay abreast to the ever changinginsurance market. I feel confident that this market we are currently experiencing, will stabilize in the next 24 months and because of that a new self insured concept will have to be de- veloped. If you should have any questions or comments, please feel free to call on me at any time. Sincerely, VALI,ohY VIEW,O INJC. 9FUJe A. Medvec Vice - President 0 BAM /lf Attachments • CITY OF EAGAN Automobile Premium History A. Number of Units: 34 B. Coverage: ACV Comprehensive and $100. deductible Collision C. Annual Premium: $17,155.00 1978 - 1979 78 A. Number of Units: 41 B. Coverage: Various C. Proposed: $22,524.00 D. Written: $15,318.00 E. Reduction: $ 7,206.00 Reduction accomplished through use of higher deductibles and deletion of physical damage on older units and police department squad cars. A. Number of Units: 45 B. Coverage: Various • C. Annual Premium: $15,191.00 1980 - 1981 • A. Number of Units: 55 B. Coverage: Returned to coverage on police and lowered deductibles. C. Annual Premium: $18,441.00 O (Full Coverage) (Reduced Coverage) (Reduced Coverage) (Increased Coverage) PHYSICAL DAMAGE COSTS POLICY YEAR PREMIUM # of UNITS 77 - 78 $ 8,489. @ 34 78 - 79 $ 4,777. @ 41 79 - 80 $ 3,573. @ 45 80 - 81 $ 6,298. @ 55 O (Full Coverage) (Reduced Coverage) (Reduced Coverage) (Increased Coverage) City of Eagan Automobile Premium History Page /2 • August 14, 1980 PROPOSED CHANGES A. ADD: Physical Damage to police department squad vehicles. $ 100. deductible Comprehensive $1,000. deductible Collision • B. DECREASE: Comprehensive coverage deductible on other City owned vehicles to "First Dollar" (no deductible.) 40 TOTAL COST PER UNIT ( Liability and Physical Damage) 77 - 78 $505.00 Per Unit 78 - 79 $374.00 Per Unit (Originally Proposed: $549.00) 79 - 80 $338.00 Per Unit 80 - 81 $335.00 Per Unit PROPOSED CHANGES A. ADD: Physical Damage to police department squad vehicles. $ 100. deductible Comprehensive $1,000. deductible Collision • B. DECREASE: Comprehensive coverage deductible on other City owned vehicles to "First Dollar" (no deductible.) 40 S 1 Agenda. oforrnation He : Ta Augu6 :- '198C + Page Three A� A Fir" : ,l?epartr ent - Th e r�ri y: i:t4 ° tb `be , considered for the Fire Department at this time is.�`:.;the',ecig4teal Fire 5etwice 'Agreement \ with the City of Bloomingtdn which is..° 3 fisted under, Consent Items, Item C r` A. Pol ice Department -- Both '; Oi"Os under Police partnnent ` are 4 . 'Informational. Item #1: At the request -of.-the,, .City Council, the'-C, ief :of Police was asked to prepare a * repot r, ei i rig :the ey lts ' private pro- perry- rat °.,the intersection or-5 1 ' gad- nd -J ohnny,7 Ceke Ride Roast. - Enclosed. , on page ins . a °copy of ; e. memorandum . prepared' by Assistant Chief; of Fo 11ce ezthe re4ard int this matter., a fl, i C �� f • • 3830 Pilot Knob Road Eagan, Minnesota 55122 8 August 1980 THE LONE OAK TREE — THE SYMBOL OF STRENGTH & GROWTH IN OUR COMMUNITY f$ Agenda information Memo August 15, 1980 page Tour Item #2: chief of Po,iice T*sLavAriers , has reported- that . the total received from the S rin police Au�ctionr"s,.$1,730: amour P 8 . Enclosed o , ' page i s ; a .suggested ; i 0 t of �qu p i+�nt td. be purchased ` as prepared by the Chief. There:: is no action required on.either of these items.' { � f r C. a , . r i p`f �► 11 � L • 3830 Pilot Knob Road Eagan, Minnesota 55122 1 August 1980 1/ THE LONE OAK TREE — THE SYMBOL OF STRENGTH & GROWTH IN OUR COMMUNITY -a , Martin DesLauriers Chief of Police Jay M. Berthe� ' Assistant Chief of Police r L • 3830 Pilot Knob Road Eagan, Minnesota 55122 1 August 1980 1/ THE LONE OAK TREE — THE SYMBOL OF STRENGTH & GROWTH IN OUR COMMUNITY \te »s� � c» Agenda Information Memo August 159 1980 Page Eight f X A PUBLIC HEARING: FOR HIGHWAY EASEMENT /HEI,NE STRASSE F. Set Public Hearing for Highway Easement Near ,Heine Strasse for September 16, 1980 Meeting, -- A petition was received from several I property owners who reside in the area of the Heine Strasse Addition requesting that the: City vacate a certain highway easement Q/ near Heine' Strasse Steet. The vacation is necessary clue to an old highway easement that has been in existence from County Road 30 to approximately 356 feet south which generally comprises the same description as Heine Strasse.Street as platted in the Heine First Addition. The old; highway easement is no longer required due to the platting of Heine First Addition. ACTION TO BE. CONSIDERED. ON THIS' MATTER: To set a public hearing for September 16, 1980, to consider vacation of the highway easement located within Heine First Addition. ECONOMICS LABORATORY, INC.; FOR $7,0001004`'TAX EXEMPT ISSUE A. Economics Laboratory, Inc., for 'a $7190Q,000- Tax Exempt Commer -- cial Revenue Mortgage Application An- was received from Economics Laboratory, Inc., for 'a,$7,000,000 Tax Exempt Com- mercial Revenue Mortgage application to finance an addition to their existing; facility on 'Lone Oak; Road. Recently, the Finance Committee and City Council decided that. the Finance Committee would -not review industrial revenue f.nante.applications prior to consi- deration of the preliminary resolution. The I Finance Committee would only review applications 'at the request of the City,Council if there is an issue or information that the City Council. feels the Finance Committee should review afters the first public hearing is held. The public hearing notice-was placed in the proper papers to. advertise the meeting on Tuesday..,' The City Administrator has reviewed all the documents and ha s ,co�tpiled a memorandum that provides a brief fact finding regarding the application, and also having requested certain information ' from Juran & Moody, the fiscal representatives of Econ Lab, those documents are enclosed in the.Tj packet without a page number.for'review. The memorandum'is enclosed on, pages through;: f ©ryour renew. The City Administator has develo e this ent re package as a- model format as to how fact finding is; presented to the City Council for future industrial i applications. Any comments or .direction raga r d _n g this information would'be appreciated. } T& either approve or deny ACTION TO BE CONSIDERED ON. THIS TIER: the application as presented by Economics 'Laboratory-, Inc.;, for a $7.,000,.000 Industrial Revenue application as either a public offering or private placement. k f� T Agenda.Information °Memo August 15, 1980 Page Nine U- -HAUL; CGNDITIOMAL USE A. U -Haul Conditional-, Use Perarit = -'.At the direction of the City Council, the U -Haul Conditional Use ,Permit renewal has been listed as a separate- agenda item for the Au*ust 19, 1980, meeting. The City Administrator and City Planner_ made do on site inspection of U -Haul and also visited '-with . the. assistant manager about' the concerns of the City Council. It 'wAs, explained to the staff by the representative_ of U- -Haul. that -All efforts are being made to keep an inventory of not greater than 12 trucks or 30 _trailers The problem they experienced in exceeding those numbers usually occurs at .the end of each month when the frequency of moving is much greater. At times, there have been trailers and trucks in excess of the numbers. allowed.. however, it is for only a matter of hours and the equipment is trans ported ;to a- storage yard in Savage. The personnel at U -Haul are. making all efforts to keep their trailers and trucks located on 'the lot in an orderly fashion as called for in the conditional use permit; however, again at peak times. during the month, it is, difficult to keep the equipment in an orderly arrangement. -A representative of U --Haul will appear at the City Council meeting to answer any questions that the City Council may have pertaining to their request for a renewal: ACTION TO BE CONSIDERED ON THIS MATTER: To oither approve or deny the conditional use permit renewal•as requested by U -Haul. COMPRE31ENSIVE GUIDE PLAAT B. Comprehensive Guide Plan The .Comprehensive Guide Plan has been reviewed and recommended to the City Council for consideration by :the Advisory Planning Commission. This `action took place at a :June 10, 1980, APC meeting. There were ,A number :of - small issues pertaining to the Comprehensive Guide Plan that had. to be worked out as well as. the Capital Improvements Program material that will became a. chapter of the ,Comprehensive Plan, In anticipation of the City . not meeting its schedule .lead iae, a request was made to the Metropolitan, Council, for a cdntinuance until September 1, 1980, for purposes of submitting: the Comprehensive Guide Plan. The Guide Plan i -s now'in order. for con#icteration by the City Council and therefore it is recommended that--official action approve . the resolution which consiers and `accas the glen for .purpose of submitting the document,, I to the, Metro titan Uausici1 by the September 1 198b dead "line. This action► doea initapt the plan it must first be submitted to the Metropoli`ta'n Council "and, then with any CITY OF EAGAN • RESOLUTION NO. 198o- RESOLUTION CERTIFYING PRE - REVIEW REQUIREMENTS HAVE BEEN SATISFIED WHEREAS, the Metropolitan Land Planning Act requires local governmental units to prepare comprehensive plans and submit them to the Metropolitan Council for review, and A WHEREAS, this plan entitled Comprehensive Guide Plan, City of Eagan repre- sents the response of the City of Eagan to the requirements of the Metropolitan Land Planning Act, and WHEREAS, this plan was adopted by the Planning Commission of the City of Eagan, on June 10, 1950 following a public hearing with required legal notice, and WHEREAS, this plan was sent to the Cities of Apple Valley, Bloomington, Burnsville, Rosemount, Mendota Heights, Sunfish Lake, Inver Grove Heights, Dakota County, The Minnesota Zoological Gardens, School Districts 191, 196 and 197 for review on May 6, 1950, and WHEREAS, this plan was considered and accepted, but not adopted, by the City Council of the City of Eagan on August 19, 1950, and WHEREAS, all revisions and amendments to the plan made since submittal to the adjacent and affected jurisdictions have been transmitted to the Cities of Apple Valley, Bloomington, Burnsville, Rosemount, Mendota Heights, Sunfish Lake, Inver Grove Heights, Dakota County, The Minnesota Zoological Gardens, School Districts 191, 196, and 197, concurrently with submission to the Metropolitan Council for formal review under the Metropolitan Land Planning Act. BE IT HEREBY RESOLVED by the City Council of the City of Eagan that the City Planner is authorized and directed to submit this plan to the Chairman of the Metropolitan Council for review under Section 473.175 of the Metropolitan Land Planning Act. ADOPTED by the City Council of the City of Eagan this 19th day of August, 1950. ATTEST: • Alyce Bolke, City Clerk Beatta Blomquist, Mayor No Y`. Agenda Information Memo August 15, 1980 Page Eleven` FINAL RESOLUTION - $700,000 COMMERCIAL REVENUE - 'CEDARVALE LANES C. Final Resolution for DCR Company $7002000 Commercial Revenue Mortgage Issue /Expansion of Cedarvale Lanes The final I resolution including the loan agreement between the City of Eagan and DCR Company - and indenture of trust document has been received for the $700,000 Commercial Development Revenue Bond Issue which was approved for DCR Company. Since all documents are in order for consideration: ACTION TO BE CONSIDERED ON THIS MATTER: To either approve or deny the final resolution for DGR.Company for $700,000 of commercial revenue mortgage bonds for the expansion of Cedarvale Lanes. PRELIMINARY PLAT-- CLEARVIEW FIRST - ADDITION A. Joe Peterson for.Preliminary Plat for Clearview Third' Addition, located on Lot 6, Block 11, Clearview Addition -- An application to consider a preliminary plat for Clearview Third Addition was submitted by Joe Peterson. A public hearing was held before" the Advisory Planning Commission at their July 22, 1980 meeting. Action was taken by the Advisory Planning,Commission to recommend approval of the preliminary plat subject to seven (7) conditions. For information: regarding the application' fore a preliminary plat entitled Clearview 'Third Addition, lease refer to the Planning Intern' s, report, found on pages through q (Special Note: Our City Planner, Mr. Dade -Run -el has Mr. r £ d`, the Plan- ning Intern prepare this report as well as the report on Gopher Smelting at his direction for ex erience.) For action that was taken by the .Planning Commission,. please refer to' a copy of the minutes, found on page ACTION TO BE CONSIDERED ON THIS MATTER: To either approve the recommendation of the APC to approve the..prelminary plat-for Clear- view Third Addition; CITY OF EAGAN SUBJECT: PRELIMINARY PLAT AND VARIANCE APPLICANT: GOPHER SMELTING AND REFINING CO. LOCATION: PART OF THE SEA OF THE SW4 OF SEC. 12, T27N, R23W EXISTING ZONING: INDUSTRIAL DATE OF PUBLIC HEARING: JULY 22, 1980 DATE OF REPORT: JULY 17, 1980 REPORTED BY: KURTIS G. ULRICH, PLANNING ASSISTANT APPLICATIONS SUBMITTED 1. An application has been submitted for a preliminary plat, Gopher -Eagan 2nd Addition, which would consist of approximately 13.16 acres and contain one (1) lot in the SE4 of the SW4 of Section 12. • 2. A zero set -back is requested for the existing building along the eastern edge of the property which is within the C.M. St. P. & P Railway Right of Way. COMMENTS 1. The area which is under consideration for platting contains Gopher Lead Smelting Plant and existing office complex. The existing building and addition make it difficult to meet all the ordinance requirements. 2. At the present time the applicant is only proposing to plat 1 lot which contains the smelter and office building. The site plan for the office expansion was approved by the City Council in 1979. The applicant has also included a sketch with the preliminary plat of how the land to the west and north will be developed in the future. It was indicated that access would be permitted across the railroad tracks to S.T.H. 119 on the northern boundary of the parcel at the time it is desired. This will occur when the land to the north is platted. 3. The proposed plat is part of the Gopher -Eagan Planned Development. Al- though there would be no park dedication with this plat the developer is in the process of dedicating park land in Section 13 which will serve as a neighborhood park. 4. The proposed plat meets all other requirements for Industrial zoning. • If approved, the plat should be subject to the following conditions: CITY OF EAGAN PRELIMINARY PLAT AND VARIANCE - GOPHER SMELTING AND.REFINING CO. JULY 17, 1980 PAGE TWO 1. A 60 foot half - right -of -way should be dedicated along the length of Yankee Doodle Road bordering on the property. 2. The plat should be subject to Dakota County Plat Commission's recommenda- tions. ENGINEERING RECOMMENDATIONS 1. A 60 -foot half right -of -way be dedicated adjacent to Yankee Doodle Road. 2. A 10 -foot drainage and utility easement be dedicated adjacent to all pro- perty lines. • 33 • TQ: THE PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY PLANNER FROM: THOMAS A. COLBERT, P.E., CITY ENGINEER DATE: JULY 17, 1980 RE: PRELIMINARY PLAT - GOPHER -EAGAN INDUSTRIAL PARK 2ND ADDITION This proposed plat was previously submitted for consideration during June of 1979. At that time the limits of the proposed 2nd Addition Preliminary Plat incorporated the southerly portion of this proposal bounded by Yankee Doodle Road, Trunk Highway 149 and the Williams Brothers Pipeline Co. easement. Al- though that previous plat (Gopher -Eagan 2nd Addition) was processed and final plat was approved by Council in August of 1979, it was never recorded with the County, as a result of the petitioner's legal counsel recommendations. There- fore this proposed plat is also called the 2nd Addition due to the fact that there is no official 2nd Addition as of this date. This 2nd Addition incor- porates an area larger than the.originally proposed 2nd Addition that was processed through the City during the summer of 1979. This platting is a result of a previous City requirement that was placed in conjunction with granting the approval of an addition to their present facility. It is my understanding that no additional building sites are anticipated or proposed to be constructed as a result of this platting. Therefore, Public Works Department has the following comments to offer in regards to the above-refer- 0 enced proposed plat: UTILITIES Water main of sufficient size is immediately available to serve this proposed plat along the southside of Yankee Doodle Road. Sanitary sewer of sufficient size and depth is immediately available to service this proposed plat along the eastside of the referenced railroad right -of -way. Both utilities will re- quire the jacking of a major transportation right -of -way to provide immediate service to this plat. STREETS Access to the existing Gopher Smelting and Refining Co. is provided by way of the existing upgraded Yankee Doodle Road. The proposed future street along the westside of this plat is for access to future parcels that will be platted when development-requires it. It is not required that this proposed future street be installed at the present time. GRADING AND DRAINAGE Grading and drainage plans have been reviewed and approved by the Engineering Division to handle the addition to the existing building complex in the south- east corner of this proposed plat. The drainage from this new building addition and its respective parking lot is handled by surface drainage into the existing . drainage ditch along Trunk Highway 149. Additional grading as a result of this plat will not be required at the present time. In the future, a storm sewer system will have to be constructed from this proposed 2nd Addition to Pond EP -2 which is located northwest of this proposed plat. The grades of the proposed future street are acceptable to the Engineering Division. At the present, all drainage is directed to the west which eventually travels overland to the pre- viously referenced Pond EP -2. 34 CITY OF EAGAN PRELIMINARY PLAT - GOPHER -EAGAN INDUSTRIAL PARK 2ND ADDITION S JULY 17, 1980 PAGE TWO EASEMENTS /RIGHTS -OF -WAY Sufficient right -of -way should be dedicated to provide for a 60 -foot half right - of -way along Yankee Doodle Road. All other required rights -of -way have previously been dedicated. The typical 10 -foot drainage and utility easement should be dedicated adjacent to all property lines. This proposed plat shows a future crossing of C.M.St.P. & P. Railroad. Before this can be accomplished, written approval must be obtained from the Public Service Commission. This will not be required at the time of final approval of this plat but for any future additions requiring this access road. I will be available to answer any questions concerning this plat at the Planning Commission of July 22, 1980. Respectfully submitted, �/ W&At Thomas A. Colbert, P.E. City Engineer TAC /jac 3!s • Vk- INC ME 4911- .4%, Z Vol, co of L P CA qw E i i INC C4 c; owl dc C43 LAJ ca ;I-ku Mae CO3 Loa CD co !Z=Z—E CD =* Lw�! ME ca C42 2i .:wC LU NNNA MACA NIC Lad Z ma cm CA CO usl O. C) C7 Vk- INC ME 4911- .4%, Vol, of L • CA qw 3G u �! �1 ,,,r t-1 CA r E i i 3G u �! �1 ,,,r t-1 44: Y. OS ry ��'.':':., k• ". 1. 'N, tip: ' ?.. r• �� • a•:' V 1. d ti. .PS •ti's •!• F i. J .1 1• •'i. '.`C' ter''•' .jl lF • f•. .�H ��{{ !.'• :T N �• \. 1.'•'•'•'.'• •f, .Y- I •'4 ti \ WE COT :� f:.4 .•' \ ;: •r: 4 •'4 •.ti �r i . •fiL . TRE G N L �. 4 k'. l.' v I x Y� • / . f:.'' Oil �•f;E 1�7 .ti': :.•.'.'.'. I 18 3� APC Minutes July 22, 1980 Page Four GOPHER EAGAN 2nd ADDITION PRELIMINARY PLAT The public hearing convened by the Chairman next consisted of the application of Gopher Smelting and Refining Company for preliminary plat approval of Gopher Eagan 2nd Addition and zero setback variance for the existing building on the Chicago, Minneapolis, St. Paul, Pacific Railroad right of way. The plant engineer appeared on behalf of the applicant and indicated that the railroad did not object to the overlap of the Gopher Smelting Company building on the railroad right of way. At this point, Mr. David Bohne was excused from the meeting. After discussion, Roszak moved, Wilkins seconded the motion to recommend approval of the preliminary plat subject to the following conditions: 1. A 60 -foot half right of way shall be dedicated along the length of Yankee Doodle Road bordering on the property. 2. The plat shall be subject to Dakota County Plat Commission's recommendations. 3. That the owner will waive objection to special assessments for Yankee Doodle Road improvements being assessed by the City. 4. Ten -foot drainage and utility easements shall be dedicated adjacent to all property lines. • 5. Compliance with all applicable ordinances. • All voted in favor. Next Roszak moved, Wilkins seconded the motion, to approve the variance for zero setback due to the existing location of the building in relation to railroad right of way but with the understanding that no future construction will be permitted either for new buildings or additions within the plat that would not comply with the setback requirements. All voted yea. R.L. JOHNSON VARIANCE The application and hearing concerning R. L. Johnson for variance from minimum lot coverage of 35% to 40.7% lot coverage on the R. L. Johnson warehouse property north of Highway #13 was next convened. Representatives of R. L. Johnson were present and there were no objections to the application. The 64,000 square foot addition proposed would be approximately 5.7% above the lot coverage maximum. There is provision for an additional 100 parking spaces. Mr. Roszak indicated that there did not appear to be any special hardship here and no reason to vary the ordinance requirement. There was discussion concerning changing lot coverage requirement under the ordinance. Roszak moved to recommend denial for lack of hardship. The motion died for lack of a second. Harrison moved, and Wilkins seconded the motion, to continue the hearing until the next regular meeting in August for the staff to review the 35% lot coverage issue and to report back its recommendations to the committee. All voted yea. .M , e Agenda Information Memo , August 15, 1980' Page Thirteen r USE PEMIT-EAGAN U� IVE CONDITIONAL R I C. Extension of Co fti>onaI Use Permit far, Eagan Automotive An application for a ' oond ,tionel a a:e permit to allow an automotive .transmission repair facility Add ,training center as requested by Daryl Borneman' was approved b y, , the APC at their April 24, 1979 meeting and later by the 'City Council at the July 2, 1979 meeting. All building plans were complet *ct in 1979; however,.due to financing and cost overruns, plans were. -put, off for a year to construct the facility. A letter has' been received from Air. Borneman asking that the .conditional use permit be extended for one (1) year to allow them to proceed with their plans . for `cofistruction. Mr. Borne - man has - address>ed the, VestiOn of ': vernight parking in his letter. And to refresh the memory `of. the Ci "- Council,. the action that. was taken which was condition ,of. the r ation approving the a:ppli- "than--only,,. license cation' states as follows: vehicles with current out should be- allowed to park in the rear parki.nglot That there for Mng , ate- eni It he no overnight parkin except occasional +pa" - " Mr'. Borneman is plannJ ng , to be, present at the meeting to r I 04west his extension and "also discuss various points on page. , two df.his letter. A copy of the letter is enclosed 'on 'pages through£ +! for your reference. ACTION TO BE CONSIDERED ON TRIS i! TTER: To approve or deny the +extension of the condt-tional'use permit and any additional action pertaining to <Mr. BornemanIs 'requests for the Eagan Automotive `r transmission repair 'facility; and 'training center. r COLORHOUSE, INC.Cr* August 4, 1980 Tom Hedges City Administrator City of Eagan Eagan, MN 55121 Dear Mr. Hedges: This letter is the basis of the following requests: 1. Request for extension of Conditional Use Permit Last year, Eagan Automotive and Daryl Borneman were granted a Conditional Use Permit for the construction of an automotive transmission repair facility and training center. Permit was granted and the building plans were completed. Financing and cost over -runs seemed to be insurmountable problems last fall. The building cost estimate was $20,000 over our projected price on our financing statement. Money became harder to get and interest more expensive. Our earliest occupancy date was projected at January 1, 1980 and this was dependent on the weather. With all these factors working against us, we decided to put our plans off for a year. This year we have acquired more attractive financing. From our initial inquiries, it appears as though the building costs will be considerably lower than last year. We expect to have our construction bids in by August 15, 1980 and a signed contract for the construction no later than August 30, 1980. In view of this timing, we should have no problem with bad weather and the delays related to it. The transmission business is the best in the winter months, so the timing is very advantageous. COLORHOUSE, INC. • 2622 WEST LAKE • MINNEAPOLIS, MINNESOTA 55416 • TEL. 612 - 929 -1321 -2- • 2. Overnight parking restriction According to the Conditional Use Permit as it is written, my understanding is that there are to be no automobiles parked overnight more than one night per vehicle. This could create an undue hardship due to the fact that some customers don't pick up their vehicles immediately upon completion. Usually the customer wants his car back immediately, however, there are certain instances that they could leave them for three or four days, even possibly a week. This is something we would have no control over. Another circumstance that could run into more than overnight is the foreign car repair. Foreign car parts are usually not available as readily as American parts, therefore, the waiting period for those cars could be from two to three weeks. The automobile, while it could be stored inside for a great period of that time, might on occasion, need to be stored outside. From our discussion with the Council last year, the overriding concern seemed to be that of not having to contend with a parts storage lot. This objection • certainly is a valid one. I'd like to find a way to prevent this without the one night per vehicle restriction. Perhaps "no one will be counting" as a member of the Council said last year, however, I wish to get off on the right foot with the Council and the other citizens of Eagan by stating my reasons on this subject. There will be no parts junkyard at Eagan Automotive, however, for the reasons stated above, it would be a practical impossibility to live up to the letter of the Conditional Use Permit as it is written. The current license provision, as written, is a good one. Also, having a current work order might be another restriction. If this is still the way you feel it should be, as written, then I will certainly live up to it in any way possible. Thank you for your consideration. DB /cm • ,qi V r?,, truly yours, Dary Borneman Agenda Information-Memo August 15,`1980 Page Fourteen MBA MILEAGE DESIGNATION A. MSA Mileage Designation --,The Minnesota Department of Trans- portation, has indicated preliminary approval of the MSA street ;. designation changes requested by the. Director of Public Works. The streets listed in the resolution include Deerwood Drive from Denmark Avenue to`PiZot Knob Road, Denmark Avenue from Deerwood Drive to'Yankee Doodle Road, Johnny Cake Road from County Road 30_ to Deerwood Drive, Lexington Avenue 'from Wescott Road to Yankee Doodle Road, 'Yankee Doodle-Road from Pilot Knob Road to Lexington Avenue, Duck "wood Drive from Denmark Avenue to Pilot 'Knob Road and Wilderness Run Road- from Lexington Avenue to Dodd Road. If the City Council finds designation ` of, these roads to be acceptable, it is required that a resolution be approved designating that these streets be constructed,: improved and maintained as municipal state - aid streets. ACTION TO BE CONSIDERED ON THIS .MATTER: To. approve or deny the resolution establishing municipal state aid highways. A second resolution is then in order to.,'consider the removal. of Ring, Road from Lone Oak Road to T.H. 49: Therefore, action is in order to_ consider. Approval or denial to revoke the designation of Ring . Road from Lone Oak Road to T.H. 49 as a state aid street. ELECTION JUDGE APPOINTMENTS B. Election Judge Appointmenta fo-r September and November Elections - City Clerk /Treasurer,'Bolke is recommending approval of a list of election judges to be used for the September 9, 1980 and November 41 1980 elections. Enclosed on pages through qio is a listing of the election.judges as recommended. ACTION TO BE CONSIDERED? ON THIS MATTER: To approve or deny, the list of election judges as prepared by the City Clerk /Treasurer for. the September 9 and November 4, 1980 primary and general elections. 0 0 September 9, 1980 CITY OF EAGAN ELECTION JUDGES PRECINCT #1 November 4, 1980 Mary Harrison (C.M.) D 6 a.m. -Close Mary Harrison (C.M.) D 6 a.m. -Close Marvis Westbrook R 6 a.m. -Close Marvis Westbrook R 6 a.m. -Close Laverne Davis D 6 a.m. -Close Laverne Davis D. 6 a.m. -Close Eileen_Ojala R 6 a.m. -Close Eileen Ojala F 6 a.m. -Close Pat Reymann D 6 a.m. -Close Pat Reymann D 6 a.m. -Close Glendon Holz R 6 a.m. -Close Rose Vimr R 3 p.m. -Close PRECINCT #2 Patricia Kaeder (C.M.) D 6 a.m.- Close Patricia Kaeder (C.M.) D 6 a.m. -Close Vi Gehrke R 6 a.m. -Close Vi Gehrke R 6 a.m. -Close Maureen Giblin D 6 a.m. -Close Maureen Giblin D 6 a.m. - Close Diane Mulrooney D 6 a.m. -Close Diane Mulrooney D — 6 a.m. -Close Mary O'Neill R 6 a.m. -Close Mary O'Neill R 6 a.m. -Close Glendon Holz R 6 a.m. -Close Wynona Gaworski R 6 a.m. -Close Rosemary Piekarski D 3 p.m. -Close June Ketcham (C.M.) R 6 a.m. -Close Dorothy LeMay D 6 a.m. -Close Don Sault R 6 a.m. -Close Sally O'Connor D 6 a.m. -Close Marilyn Legler R 6 a.m. -Close June Ketcham (C.M.) R Dorothy LeMay D Don Sault R Sally O'Connor D Marilyn Legler R Martha Tesch D PRESINCT #4 6 a.m. - Close 6 a.m. -Close 6 a.m. -Close 6 a.m. -Close 6 a.m. -Close 6 a.m. -Close Carol Engelbutson (C.M.) D 6 a.m. -Close Carol Engelbutson (C.M.) D 6 a.m. -Close Jeanne Matteson R 6 a.m. -Close Jeanne Matteson R 6 a.m. -Close Pat Smith D 6 a.m. -3 p.m. Pat Smith D 6 a.m. -3 p.m. Alice Mayer R 3 p.m. -Close Alice Mayer R 6 a.m. -Close Mary Jane Singewald D 6 a.m. -Close Iary Jane Singewald D 6 a.m. -Close Glendon Holz R 6 a.m. -Close ;lendon Holz R 6 a.m. -Close Kenneth Schmidt D 3 p.m. -Close Eric Miller R 3 p.m. -Close 113 • City of Eagan Election Judges Page Two September 9, 1980 PRECINCT #5 Lorraine Danielson (C.M.) D 6 a.m. -Close Jean Bergland R 6 a.m. -Close Shirley Cannella D 6 a.m. -Close Francis Groff R 6 a.m. -Close Dorothy Baker D 6 a.m. -Close November 4, 1980 Lorraine Danielson (C.M.) D 6 a.m. -Close Jean Bergland R 6 a.m. -Close Shirley Cannella D 6 a.m. -Close Francis Groff R 6 a.m. -Close Dorothy Baker D 6 a.m. -Close Betty Davis,R 6 a.m. -Close O.L. Garness D 3 p.m. -Close PRECINCT #6 Jean Loken (C.M.) D 6 a.m. -Close Jane Pettit 'R 6 a.m. -Close Ethel Groff R 6 a.m. -Close Bev Popp D 6 a.m. -Close Tom Ellingson R 6 a.m. -Close Judith Miller (C.M.) R Loretta Natvick R Valerie Kruger D Lavonne Zeller D Mona Reid D Delores Rodenborg Lee Atwood (C.M.) D Adrienne Fox R Eunice Johnson D Barbara Nelson R Marge Rodmyre R 6 a.m. -Close Jean Loken (C.M.) D Jane Pettit R Ethel Groff Bev Popp D Tom Ellingson R Pat Plante D PRECINCT #7 6 a.m. -Close 6 a.m. -Close 6 a.m. -3 p.m. 3 p.m.- Close 6 a.m.- Close 6 a.m. -Close 6 a.m. -Close 6 a.m. -Close 6 a.m. -Close _ 6 a.m. -Close 6 a.m. -Close Judith Miller (C.M.) R Loretta Natvick R Valerie Kruger D Lavonne Zeller D Mona Reid D Delores Rodenborg R Marie Iverson R 6 a.m. -Close 6 a.m. -Close 6 a.m. -Close 6 a.m. -3 p.m. 3 p.m.- Close' 6 a.m. -Close 3 p.m.- Close PRECINCT #8 6 a.m. -Close Lee Atwood (C.M.) D 6 a.m. -Close 6 a.m. - Close Adrienne Fos R 6 a.m. -Close 6 a.m. -Close Eunice Johnson D 6 a.m. -Close 6 a..m. -Close Barbara Nelson R 6 a.m. -Close 6 a.m. -Close Marge Rodmyre - . R 6 a.m. -Close Pauline Legendre D 6 a.m. -Close U 0 City of Eagan Election Judges Page Three September 9, 1980 PRECINCT #9 Carol Vihoude (C.M.) R 6 a.m. -Close Donna Harmson D 6 p.m. -Close Sharon Astleford R 6 a.m. -Close Helene Hollick D 6 a.m. -3 p.m. Beverly Seurer D 3 p.m. -Close Marie Lane R 6 a.m. -Close Jeannette Johnson D 6a.m.- Close November 4, 1980 Carol Vihoude (C.M.) R 6 a.m. -Close Donna Harmson D 6 p.m. -Close Sharon Astleford R 6 a.m. -Close Helene Hollick D 6 a.m. -3 p.m. Beverly Seurer D 3 p.m. -Close Marie Lane R 6 a.m. -Close Bernard Martin D 6 a.m. -Close Merlin Handley R 6 p.m. -Close Jeannette Johnson D 6 a.m.- Close PRECINCT #10 Patti Benjamin (C.M.) R 6 a.m. -Close Elinor Villelli D 6 a.m. - Close Janet Linkert R 6 a.m. -Close Betty Fedde D 6 a.m. -3 p.m. Lettie Knutson D 3 p.m. -Close Jane Badger R 6 a.m. -Close Patti Benjamin (C.M.) R 6 a.m. -Close Elinor Villelli D —6 a.m. -Close Janet Linkert R 6 a.m. -Close Betty Fedde D 6 a.m. -3 p.m. Lettie Knutson D 3 p.m. -Close Jane Badger R 6 a.m. -Close Roger Schmidt R 3 p.m. -Close PRECINCT #11 Joan Joos (C.M.) R 6 a.m.. -Close Joan Joos (C.M.) R 6 a.m. -Close Margaret Pellerin D 6 a.m. -3 p.m. Margaret Pellerin D 6 a.m. -Close Bernice Swanson D 6 a.m. -3 p.m. Bernice Swanson D 1 p.m. -Close Emily Medin -R 6 a.m. -Close Emily Medin R 6 a.m. -Close Mona Snyder D 6 a.m. -Close Mona Snyder D 6 a.m. -Close Karen Gits R 6 a.m. -Close Karen Gits R 6 a.m. - Close Jane,,Gjevre; R 6 a.m. - Close ys i City of Eagan Election Judges Page Four • COMPUTER CENTER JUDGES Mary Jane La Roch R Elaine Jones D Jan Callenius R Gerry - Chapdelaine D Marge Shadduck R Delores Strohfus D Jean Uselmann D Pearl La Mieux R i ABSENTEE BALLOT PRECINCT September 9, 1980 November 4, 1980 Elaine Jones D Elaine Jones D Jan Callenius R Jan Callenius R Pearl La Mieux R Joan Uselmann D ALTERNATE JUDGES ,Doris Vogt R Rita Green R Stan Westenberg R Rod Harding R Terry Beakness R Donna Martin R Jim Schaffert R Myrtle Shields R y0 David Gary D Paul Reyes D Judith Mundall D Vivian Neiger D Karen Flood D i I Agenda Information Memo August 15, 1980 Page Fifteen PLANS 4,- SPECS FOR -.IMP. 80 -26 C. Plans & Specifications for Imp. 80 -26 -- Plans and specifica -- tions are in order for consideration for Imp. 80-26. This improve.... ment consists of street construction for Safari Estates, Eden Addi- tion, Cedar Cliff First and Second Additions and Briarhill Addition. ACTION TO BE CONSIDERED' ON 'THIS MATTER: To approve or deny plans And specifications for Imp. 80 -26, and if ,approved, establish a bid opening for 3:00 p.m., September 11, 1980: IMP. 90--10 D. Plans & Specifications for Imp. 80-10 --,Plans and specifica- tions are in order for consideration for Imp.. 80 -10. This improve- .meet consists of sewer and water construction on Cedar and Nicols F° Road. ACTION TO BE CONSIDERED ON THIS MATTER: To approv. e or deny the plans and specifications; and if approved, set a bid opening for 3:00 p.m., September 11,,1980.' IMP., • ,8'0 -28 E. Plans & Specifications for Imp,, :80-28 -- The plans and specifications to consider sewer television inspection during 1980 are in order for consideration. ACTION TO BE CONSIDERED ON THIS MATTER:' To approve or deny the 1980 sewer television inspection plans' and specifications, and if approved, se a bid opening for 3. -00 p.m.,' September 2, 1980. - CHES,MAR EAST .3rd ADDITION F. Ches Mar East Third, Final Plat -- An application £or a final plat for Ches Mar East `Third Addition was- received.` All documents appear to be in order'-for consideration. The City Planner, is recommending that the street name of Valley View Lane be changed to Valley View Court due to the fact that this street does terminate as. a cul-de-sac' and should not .be 'given.-the connotation that it is <a through street. A copy of the final., plat is enclosed - on page 4L . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the final plat for -Ches Mar East Third Addition subject to the change recommended; by -the City Planner and conditional'upon all development agreement items being satisfied: Thom s L. Hed es C� • • _ «avao s e a" °o3a:•i tj ps i� °�as•s;; � � °- Is as la a3 � as 'E =s �• a a° � �' °� E's'r�a3::•a s` ;" <� ee 7� g� � € ;� �s�s g$ e� � s a� 9�a i5�a ^033a 3� a t � Nry Rt ° ° R 0n E§ ° 6 e� a Ee E g = SSE$ a� ° V s 8 o s �i3em2.5a .s re 3s " i e -IES �5j �o�. °sri3? sE €« QsE g ills 3g• �i� �E « s 2t;3 «� s:? aoEfm3aP¢ E�: ME 8- :sa e.sa5a='3 Boa tEe3se a ..° aE g .H":` C�9Er.<E$4. _ °° Q W Z U i kva 0 � I 3 ES E F] i° �aa yo" �I �r.l i° O S Z � : LdSwJ6'•�E ♦ p Q W Z U i kva 0 � I 3 ES E F] i° �aa yo" �I �r.l i° .: S Z � : Q u s° ®Sg • M > dg?C �g C j 's5as all y �E. § all i • FROM: CITY ADMINISTRTOR HEDGES DATE: AUGUST 15, 1980 SUBJECT: INFORMATIVE MEMO Enclosed on page SO- is a memorandum from Dale Peterson regarding the inquiry on th—e—Easy Street garages at 1919 Silver Bell Road. At the June 3, 1980 City Council meeting, phe IDR Bond Procedure (Guidelines)'was changed per City Council action. The City Administrator has made all changes to the guidelines, and enclosed on pages Sj through ��3� is a copy of the changes to those minutes. tually a copy oche changes to the guidelines were incorporated as a page in the minutes. The League of Minnesota Cities appointed a special board committee approximately two (2) years ago to research the feasibility of constructing a building to house the League of Minnesota Cities organization. The committee has reviewed a complete set of options, including other rental space, lease purchase, purchase of an / existing building and new construction.- After careful consideration ✓ of the options, the Committee concluded that, considering the St. Paul real estate market and the future of the League, new construction is the best course of action. If a new building is to be constructed, all member cities would be required to share in the cost of that facility. There are several options available to each community; the City Administrator will briefly discuss these options at the meeting on Tuesday if time is permitted. The City Administrator has received a letter from Mr. Tom Van Beck m representing the law firm of Squire, Sanders & Dempsey of Cleveland, Ohio, regarding industrial revenue bond financing for the McDonald's Corporation. As you know, there is a McDonald's being planned for the northwest corner of the Nicols Road, Cliff Road intersection. A specific financing policy question has been raised by McDonald's .Corporation and I have asked Mr. Van Beckum to write the City a letter outlining their pro osal. A copy of this letter is enclosed on pages through Again, if time is allowed, the City Administra o 11 discuss—this matter toward the end of the meeting. The City Administrator has asked that the City Attorney prepare a summary regarding' the status of certain lawsuits being brought against the City of Eagan. A copy of that summary is enclosed on pages 56 through S' It is expected that there will be some matters regarding easements V" and other related issues appearing on the Administrative Agenda which will be sent out on Monday. City Administrator 149 • TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: DALE PETERSON, BUILDING OFFICIAL 4 DATE: AUGUST 12, 1950 RE: INQUIRY OF EASY STREET GARAGES AT 1919 SILVER BELL ROAD The City of Eagan does not have any authority to regulate maintenance of a building unless it becomes extremely hazardous health - wise, due to fire, sanitary facilities or structural instability. The situation must be hazardous before the courts will rule in our favor. Because we do not have a housing ordinance or the manpower to enforce one, the department of protective inspection only investigates complaints of maintenance problems, and in most cases, they do not fall into any category that we can enforce. If there were the housing ordinance, it could regulate minimum health and safety standards before the courts would uphold them as evidenced by court cases in Minneapolis and St. Paul. These buildings were built in 1973 and 1974. The building code then and now would allow 6,000 square feet without any separation. I did enforce the portion of the code that requires draft stopping every • 1,000 square feet of area, but if I had been challenged, I would have had to back away. If more information is necessary, please contact me. DP /jac 0 S C) • u Council Minutes June 3, 1980 Page Ten MN /DOT AGREEMENT -- HIGHWAY X655 Tom Colbert discussed with the Council the cost participation agreement between the City of Eagan and Mn /DOT No. 59923 for the installation of storm sewer force main as part of the Trunk Highway #55 improvement project. Mr. Colbert recommended against cost sharing for the lift station but that casings be installed under Highway 455 at the present time. Wachter moved, Egan seconded the motion,to approve the recommendation to revise the agreement and to provide for installation of casings only. All voted yes. TRAILER PERMITS The Councilmembers reviewed the request for annual permits for mobile homes in the City and after noting there were a number of questions, Blomquist moved, Egan seconded the motion, to continue the consideration until the next regular meeting. All voted yes. APPRAISER -- JAMES HORNE PROPERTY City Attorney Paul Hauge stated that two quotations had been requested for appraisals for the City in the condemnation action regarding.the James Horne property and that only one quote had been received, that from Dan Dwyer. Smith moved, Parranto seconded the motion to approve the quote of Dan Dwyer and author- ize him to be hired as the City appraiser in the condemnation action. All voted in favor. COMPREHENSIVE PLAN A proposed resolution was submitted by John Voss requesting an extension of time for filing the Eagan Comprehensive Plan with the Metropolitan Council until September 1, 1980. Smith moved, Parranto seconded the motion to approve the resolution and authorize its execution. All voted in favor. IMPROVEMENT #80 -4 CONTRACT The contract covering Improvement #80 -4 covering Cedar Cliff utilities award to Walhunt Construction Inc. was submitted for approval. Wachter moved, Egan seconded the motion, to approve the contract and authorize its execution. IDR BOND PROCEDURE Finance Committee Members Smith and- Parranto reviewed with the Council several proposed revisions to the procedure regarding adoption of the industrial revenue financing from the City and recommended approval of the revisions. After discussion, Smith moved, Parranto seconded the motion to approve the recommended revisions with the $500,000 minimumapply only to owner occupied industrial uses. All voted yes. The recommended revisions are the following: 51 • b Council Minutes June 3, 1980 Page Eleven I. GENERAL Rewritten b. b. The industrial or commercial project shall be compatible with the over- all development plans and objectives of the City, Comprehensive Land Use Plan, proper zoning, community acceptance and meet with City Council approval. A $500,000 minimum applies to owner occupied industrial applications. ADD T0: I. GENERAL n. Any project approved by the City subject to review by the City Council will be eligible for Tax Exempt Mortgage Financing provided that any building built for lease purposes and not .intended to be used by the applicant for its sole use and occupancy must have at least 25% of the building under lease agree- ment prior to adoption of the final resolution. • II. ADMINISTRATIVE is e. Land costs are not to be included as a part of the Industrial Revenue Mortgage Issue. f. All Industrial Revenue Issues are to be sold as a private placement (Industrial Revenue Mortgage) rather than a bond sale or public offering. GENERAL GUIDELINES STEP VI (New first paragraph substituted for old) The underwriter and /or the company submits preliminary plans to the City Council. The Council gives preliminary approval or disapproval after reviewing the application and City staff report. A review of the application and additional fact findings are performed by the Finance Committee if direction. is given by the City Council. SA . r City Council Minutes June 3, 1980 Page Twelve After further discussion, Smith moved, Parranto seconded the motion to approve the application of Federal Land Company for a $995,000 commercial development revenue mortgage for expansion to Yankee Square Office No. 1 pursuant to the new rules and the application of Normandale Properties, Inc., for $2,080,000 commer- cial development revenue mortgage for construction of a manufacturing warehouse facility according to the new procedures be and hereby are approved and the resolutions be authorized for each application. All voted yes. FOURTH OF JULY CONTRIBUTION Wachter moved, Egan seconded the motion, to approve the contribution of $500 by the City to the Eagan Fourth of July Association for 1980. All voted in favor. SHANNON GLEN AND BRIARHILL UTILITY PROJECTS Parranto moved, Egan seconded the motion to approve the resolution consoli- dating Project 4289 storm sewer for Shannon Glen condominiums and Project X6294 Briarhill utilities into Improvement 6680 -6 for bidding purposes only. All voted in favor. VOUCHERS Blomquist moved, Wachter seconded the motion to approve the following . vouchers 1018 -1028, 10295 - 103743, 15525- 15623. • •.11 TnTml n.fT%TM Wachter moved, Egan seconded the motion to adjourn the meeting at 11 :20 p.m. 53 City Clerk PHH • ,V-' -&a ,165A, f5 1050 A /6, Ai,� A.A.111 ✓Ywtroreal�l ex, /15'.215 2 Mr. Thomas L. Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 i i ,af(i��i arum /21p6/ 6'96' -9200 _ � A9' 8 6'6'1 ,u/ /.216/ 687- 8777 July 21, 1980 Re: Contemplated IDB Financing Application by McDonald's Corporation AL4 - . K 200,96' /216/ Dear Mr. Hedges: • As you may recall, we have talked several times in the past few months concerning McDonald's Corporation's plans to apply to the City of Eagan for industrial development revenue financing for the construction of a proposed restaurant in Eagan. The company remains very optimistic about locating a restaurant in Eagan. The company has reviewed the City's Informa- tion Packet, including the statement of the policies of the City and the application form, and although prepared to submit immediately the application, it would appreciate prior clarification of three areas of the City's indus- trial development revenue financing policies which are critical to its final determination whether to proceed with the contemplated project. r� U First, Part II of the City's Policy and Criteria Statement indicates that land costs are not to be included as a part of an industrial revenue mortgage issue. This exclusion of land costs is not required by the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, which allows the financing of the cost of land used in connection with eligible projects. The exclusion of land costs also appears somewhat inconsistent with the City's application form in that it calls for an estimate of the land cost in the cost breakdown of the project and thus seems to contemplate that land will be one of the costs financed by the industrial development revenue bonds. The cost of acquiring the land is a significant part of the total cost of the proposed restaurant, and McDonald's Corporation hopes to include such cost within the overall industrial development revenue financing. Please advise as to the City's policy regarding industrial development revenue financing of the real estate component of a project. :5q Mr. Thomas L. Hedges • Page Two July 21, 1980 Second, the application form directs the applicant to explain how the proposed facility will not compete with other local companies. The manner in which this statement is phrased implies that a proposed project must not compete in any way with existing local companies to be eligible for industrial development revenue financing. Such a policy would prohibit industrial development revenue financing for all types of projects which could be used in a business with respect to which there are existing busi- nesses in the City or in a business which might even remotely compete with existing businesses. Please explain the significance of the request for a statement as to the non - competitive impact of the proposed project, including the weight which is given to this factor by the City Council in considering industrial development revenue financing requests. Finally, in my letter to you of June 3, 1980, I raised the question whether the City would agree to a composite offering of the industrial de- velopment bonds to be issued by the City of Eagan in conjunction with indus- trial development bonds to be issued by other governmental entities on behalf of McDonald's Corporation. As I explained more fully in that letter, the bonds of each issuer would constitute as a legal matter a distinct and independent issue but would be substantially similar in their financial terms to the other issues. As far as the bond market would be concerned, the • issues would be essentially interchangeable, and they could thus be offered on a composite basis. The financing documents would be suitably restricted to provide that the Eagan bonds would be offered solely to sophisticated institutional investors. I have not yet heard from you as to the City's response to this marketing technique. I had hoped to reach you by phone to discuss briefly and informally the above questions, but, unfortunately, you were not available on the occasions that I called. I would very much appreciate hearing from you at your earliest convenience. If you have any questions, please feel free to call. Thomas A. Van Beckum /kh is Very truly yours, SS PAUL H. HAIIGE & Assocums, P. A. ATTORNEYS AT LAW • 8906 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 55122 C� PAUL H. HAUGE AREA CODE 612 BRADLEY SMITH August 11, 1980 TELEPHONE 454.4224 KEVIN W. EIDE Mr. Thomas L. Hedges, City Administrator City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Re: Lawsuits for the City of Eagan Dear Tom: The following is a summary of the status of certain lawsuits being brought against the City at the present time: 1. Mahmood Aghassi vs. City of Eagan. This action was brought as a mandamus action against the City to force the Council to issue an off -sale liquor license in Silver Bell Shopping Center. Mr. Aghassi's attorney asked for a continuance from August 6 until August 27 for the first hearing on the action. I would expect then that a formal hearing on the action will be scheduled at which time testimony will be taken, perhaps in October or November. 2. Safari At Eagan. This mandamus action was set for hearing on the original motion on July 17 and the Court set the permanent hearing for August 6. Dunn & Curry has not made a motion to intervene and in addition I.expect the neighbor- ing residents will also make a motion to intervene. These motions to intervene will be held on August 14. The Council had asked that the hearing be simplified and that the testimony of Ed Dunn be brought in to determine exactly what the intention of the developer was at the time the PUD Agreement was entered into and the Safari At Eagan property description left out. It appears now that this action is going to become much more complicated with four parties involved and I am certain that each of them will insist on a complete hearing of all of the issues. The schedule is now for a trial to commence on August 21 and I would expect that there would be one to three days of hearings. 3. Twin View Manor. This temporary injunction action was heard before Judge Daly on August 6 and short memorandum briefs were requested in three days. The Judge called later and stated he would rule in favor of the City but set the hearing on the permanent injunction, which will require courtroom testimony, to be held on August 27. 4. James Horne Condemnation. You will recall that the Council decided to drop the Horne condemnation action and although Mr. Horne consented to the change in the alignment of the storm sewer trunk, he is expected to ask for damages including trees cut by the Eagan surveyor, appraiser's fees, etc. A02 Mr. Hedges August 11, 1980 Page Two • 5. Caponi vs. City of Eagan et al. We have not heard from the Department of Natural Resources Commissioner as to his decision regarding whether the lake level setting was done properly or whether there should be a new public hearing on setting the lake level. I would expect that this should be coming shortly. Then, after that decision, if there is no such hearing, the case could be rescheduled on the District Court calendar for trial. 6. Benford vs. City of Eagan et al. Negotiations have taken place concerning settlement of this case and the Police Chief, City Administrator and I will be reviewing this with the Council. 7. Thomas Lake Storm Sewer Assessment appeal. There have been no new develop- ments recently except that interrogatories have now been served on Eagan and I expect that other pretrial depositions may be requested also. 8. Robin Geiger vs. City of Eagan. There is a motion for attorneys' fees and costs of about :$27,500 being brought by Mr. Geiger's attorneys scheduled for hearing in the Federal District Court in St. Paul before Judge Donald Alsop on August 15th., There are no other proceedings pending at the present time. 9. Wilson vs. Eagan.et al. The action for damages of the shooting of the Wilson cat by an Eagan patrolman has not as yet been decided by the Minnesota Supreme Court but we expect to have the decision shortly. In light of other recent punitive damage decisions it is expected the ruling will be against the City and its patrolman. • skk • S3 Very,, ly yours, AUL . HAUGE & A OCIATES, P.A. ul H. Hauge I 4 SUBJECT TO APPROVAL • MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 5, 1980 A regular meeting of the Eagan City Council was held on Tuesday, August 5, 1980, at the Eagan City Hall at 7:00 p.m. Present were Mayor Blomquist and Council - members Egan, Smith, Parranto and Wachter. Also present were City Administrator Hedges, City Engineer Rosene and City Attorney Hauge. AGENDA Upon motion by Blomquist, seconded Parranto, it was RESOLVED that the agenda as presented be approved with the revision that the setting of the public hearing for final assessments for 1979 -1980 improvements be continued to the end of the agenda. All members voted yes. MINUTES Upon motion by Smith, seconded Egan, all voting in favor, it was RESOLVED that the minutes of the July 9, 1980, special Council meeting, July 17, 1980 special Council meeting, and July 15, 1980, regular meeting be approved with the exception on page 11 of the July 15 minutes that the City was served in the Mahmood Aghassi vs. City of Eagan case on July 15 rather than July 16; further, that on page 6 of the July 15 minutes regarding Twin View Manor 2nd Addition preliminary plat that the variance for length of cul -de -sac also was approved. All voted in favor. PUBLIC WORKS DEPARTMENT City Administrator Hedges reported: 1. Excavation Permit -- Walden ei hts ubdivision. The application from the developers of Walden Heights.Additi f grading permit for Walden Heights to commence excavation within the subdivisio was next considered. The Public Works Department recommended approval. Egan ve Wachter seconded the motion, all voted in favor, to approve the recommendati 2. Seneca Waste Treatment Plant Disposal Project. The City received a request from the M. W. C. C. to review plans and specifications relating to the transfer of approximately 20,000 cubic yards of fly ash material from settling basins located in the Seneca Waste treatment plant site to be located on the Landmark Company property on Highway #13 for fill material. It was noted that the Council earlier had approved a. similar project. The City Engineer indicated that he had made contacts with Landmark Development Company concerning a proposed storm sewer easement across that property from the Blackhawk Lake outlet and had preliminary approval. There were concerns about erosion and dust control, including seeding and sodding. Wachter moved, Blomquist seconded the motion, to approve the request subject to staff approval of erosion con- trol, the grant of a storm sewer easement without cost to the City over the Landmark property, dust control measures approved by the City staff, and such normal restrictions as those imposed by the City for fly ash removal including soil and spreading top • soil and seeding. All voted yes. A City Council Minutes August 5, 1980 Page Two • 3. Improvement #79 -16 -- Alexander Road Street Construction. A request from the contractor for Alexander Road to provide for 8,000 cubic yards of material for the road improvements under construction to be acquired from the Eagan storm sewer ponding area next to the R. L. Johnson warehouse site was next considered. The Public Works Director recommended approval and that the cost be set at $.35 per cubic yard with the understanding that the pond area will be increased to the City's advantage. Smith moved, Wachter seconded the motion, to approve the recommendation as submitted. All voted in favor. 4. Improvement #79 -13 -- Lakeside Estates, Saddlehorn Addition, Dodd Road Utilities. Mr. Hedges indicated that during the public hearing for proposed Project 4241 there was no consideration of trunk storm sewer assessments under Improvement Project #79 -13. The staff recommended consideration by the Council as to whether a storm sewer assessment should be levied upon completion of the utility work so as to avoid storm sewer trunk assessments in the future. Noting some trunk storm sewer had been installed including laterals, the Council indicated, however, that additional trunks will have to be installed in the future. It was noted that the storm sewer trunks have not been assessed to the above areas and that there will be assessments at some time in the future. No action was taken on the request. PARK DEPARTMENT Mr. Hedges reported. 1. Park Maintenance Vehicle. Bids for a one -ton park maintenance vehicle were • received by the Council on May 20 and it was recommended that the bid be awarded to Ridgedale Ford in the amount of $7,750 net taking into consideration a $1,200 trade for the existing vehicle. There was a question regarding the City's retaining the box and plow. Wachter moved, Egan seconded the motion,, to approve the recommendation for award of the contract to Ridgedale Ford in the sum of $7,750 including the $1,200 trade but that the staff consider retaining the box and plow from the existing vehicle which would alter the trade -in price. All voted yes. 2. Ski Trail Grants in Aid Application. Mr. Hedges indicated that Park Director Vraa recommended that the Council approve an application for grant in aid for ski trail maintenance that should cover about 65% of the ski trail maintenance and 90% of the grooming costs for 1980 -81. He estimated the amount of the grant would' be $1,500 to $2,000. Smith moved, Wachter seconded the motion, to approve the recom- mendation and all voted in favor. CONSENT AGENDA The Council considered the following consent agenda items:- 1. Diamond T. Ranch Water Extension. The operators of the Diamond T Ranch on County Road 30 requested the Council extend the temporary water connection to the Diamond T Ranch without charge for lateral trunk benefit or connection charge for an additional year. The staff recommended approval because of the fact that I -35E construction has not commenced. • • City Council Minutes August 5, 1980 Page Three 2. Conditional Use Permits. A. George Becker, 3890 Lexington Avenue South, for a group type foster home. B. Inver Grove Heights for the police dispatching fee. E. Jerry Thomas for Diamond T Horse Ranch on County Road #30. D. Don Chapdelaine for Pro -life sign on Highway #13. The staff recommended approval for all conditional use permits. 3. Clearview Addition No. 2. The Public Works Director recommended that the letter of credit be reduced for Clearview Addition from $2,710 to $950 covering offset improvements only. . 4. St. Francis Wood 2nd Addition Utilities, Project 4307. A feasibility report for Project 44307 covering St..Francis Wood 2nd Addition utilities was sub- mitted and recommended for approval by the Public Works Director. He further recom- mended that a public hearing be scheduled on September 16, 1980, at 7:00 p.m. at the City Hall to consider the feasibility report. 5. Wescott Road Grading, Improvement 4425. It was noted that a public hearing • was held on June 17, 1980, to consider the improvement of Wescott Road from Denmark Avenue to Lexington Avenue covering Project 44305 and the Council did order in the improvement relating to Improvement 4480 -25. The Councilmembers walked the McCarthy property at the request of Mr. Pat McCarthy and reviewed the proposed alignment of Wescott Road. It was recommended that the alignment of Wescott Road as proposed by the City Engineer and Public Works Director be approved and that the City staff be authorized to order easement descriptions and begin negotiations with the.McCarthy family for the necessary road right -of -way covering Improvement #80 -25. 6. Trunk Highway 455 Storm Sewer -- Project #182R. On July 15, 1980, the City Council reviewed the preliminary plat approval for Joyce Addition and recommended that a revised feasibility report for storm sewer in the general area of Trunk Highway 4455 be prepared. The Public Works Director recommended that the feasibility report for Project 44182 Revised be accepted and that the Council schedule a public hearing to be held on Spetember 16, 1980, at 7:00 p.m. .at the City Hall. 7. Improvement 4479 -14 -- Rahn Park Tennis Courts. The Public Works Director recommended that Rahn Park Tennis Court project, Improvement Project 4479 -14, be approved for final payment in the sum of $2,861.10 to Dailey and Sons Contracting Company. 8. Cedar Avenue Trunk Utilities, Improvement #79 -24. The Cedar Avenue trunk sanitary sewer and storm sewer along Nicoll Road at Trunk Highway 413 has now been completed. The Public Works Director recommended approval of the project and approval of final payment to Parrott Construction Company in the amount of $1,487.50. • Egan moved, Wachter seconded the motion, to approve all of the foregoing recommenda- tions on the consent agenda and authorize the implementation by the staff. All voted in favor. 4 LJ City Council Minutes August 5, 1980 Page Four U -HAUL CONDITIONAL USE PERMIT The request of U -Haul for a conditional use permit for the U -Haul location at 3890 Cedar Avenue and Highway 413 was next discussed. Councilmembers noted that the number of trailers and trucks on the premises had exceeded the allowable limits from time to time. Parranto moved, Smith seconded the motion to continue the considera- tion of the conditional use permit and that the staff request that a U -Haul represen- tative be present at the next Council meeting to discuss the permit. All voted yea. GRANVILLE HOUSE SPECIAL USE.PERMIT Mayor Blomquist next convened the public hearing regarding the application of Granville House, 'Inc., for special use permit for an extended care facility for chemically dependant adolescents at 720 Blue Gentian Road. Representatives of Granville House, including Dagney Christiansen, the executive director, were pre- sent and explained the proposal. Several neighboring residents appeared and had questions concerning the request for special use permit. Ms. Christiansen indicated this is the fifth program of Granville House in the Twin Cities and stated that it is a nonprofit corporation and will apply for exemption for payment of real estate taxes for the Ames Estate that is being proposed to be purchased by the applicant. After considerable discussion and questions, Parranto moved, Smith seconded a motion to approve the application for a special use permit indicating that there appeared to be a substantial need for chemically dependant treatment facilities but. • that the permit be subject to the following conditions: 1. The site plan shall be approved by the City staff providing adequate parking for the facility. 2. Because the site is in the noise corridors, performance standards should be enforced to reduce noise levels within the building to the satisfaction of the City staff. 3. All state and county permit requirements shall be met prior to the opening of the facility. 4. The applicant and successors shall consent to proposed City improvements including utilities and streets when they are proposed for Blue Gentian Road including the assumption of assessments. 5. All ordinances shall be complied with. 6. A maximum of 50 staff members and residents be allowed to occupy the premises at any one time. Those in favor were Parranto, Egan, Smith and Blomquist. Against was Wachter. • City Council Minutes August 5, 1980 Page Five PROJECT #314 PUBLIC HEARING, RIDGE CLIFFE ADDITION UTILITIES The Mayor convened the public hearing regarding Project #314 consisting of utilities, sewer, water and storm sewer improvements to Ridge Cliff e Addition. The City Engineer explained the project and there were no objections to the proposal. One neighboring property owner was present and objected, however, to unnecessary taking of trees and the engineering department was asked to review the project in relation to unnecessary grading and the utility project relating to tree removal. After discussion, Parranto moved, Egan seconded the motion to close the hearing, to order in the project according to the report as presented with the exception that the water main in Halden Circle be changed to provide for the extension northerly between lot lines within the plat as determined by the City Engineer but that the water main be extended to the west end of Nokia Way and authorize the Engineer to prepare plans and specifications. Egan seconded the motion and all voted in favor. The Council also suggested changing some of the street names because of confusion with other street names in the City. GALAXIE AVENUE PROJECT 011 PUBLIC HEARING The next public hearing convened by the Mayor concerned the Gala.xie Avenue street improvement Project #'311. Mr. Hedges indicated that on Julyc)22 Dakota • County had unanimously approved the grant of the temporary slope easements to the City required for construction of the municipal state aid street improvement with the understanding that the assessments against Dakota County Park land will be negotiated with the City. Mrs. Schindeldecker, a neighboring affected property owner, was present with questions about construction and access. It was under- stood that the name "Galaxie" will be used by the City from Cliff Road south through Apple Valley. Smith moved, Blomquist seconded the motion, to close the hearing, to order in the improvement and to authorize the City Engineer to prepare the plans and specifications and that the staff negotiate with Dakota County concerning the assessments against county property. PROJECT #309 -- WALDEN HEIGHTS UTILITIES AND STREETS The Mayor then convened the public hearing regarding Project #309 consisting of utility and street improvements to Walden Heights Addition. City Engineer Rosene explained the project and its relation to the Twin View Manor area improve- ment. There were no objections to the project. There were concerns about width of the gas main easement and the effect upon certain lots within the subdivision and the concern that the lot or lots may become tax forfeited with assessments unpaid. Egan moved, Wachter seconded the motion to close the hearing, to order in the project, to authorize the City Engineer to prepare plans and specifications, subject however, to determination by the staff as to whether any lots including Lot 1, Block 3, would become unbuildable because of the location of the gas main; in the event that it becomes unbuildable that assessments not be levied against that lot but that the total cost of the improvements be assessed against all remaining lots within the subdivision. All voted yea. City Council Minutes August 5, 1980 Page Six • L & F ADDITION PRELIMINARY PLAT AND REZONING The next application concerned the request of Ralph Linvill for rezoning from FP, Flood Plain District to LI, Light Industrial, and preliminary plat approval of L.& F Addition on Cedar Avenue at the railroad right -of -way. Mr. Linvill was present as was Ralph Wagner of Probe Engineering. Also, Mr. and Mrs. Joe Kennealy,.,property owners, were present. Mr. Wagner explained the proposal and there were no objections from persons in the audience present. The Planning Commission recommended approval subject to certain conditions. The EAW worksheet was reviewed by Mr. Hedges and indicated that it is being submitted to the EQB and all necessary government agencies for review and recommendation. The City staff recommends a negative recommendation as to the EAW. Smith moved, Egan seconded the motion to accept the recommendation as to no EAW being required and no impact.' All voted yes. Next Wachter moved to approve the application for rezoning as submitted. Egan seconded the motion and all voted yes. There was considerable discussion concerning whether the Council should approve the preliminary plat until a detailed plan for-the actual use of the property is submitted. Other alternatives such as site plan approval and.requiring approval by the APC and Council in the event a _building permit application is submitted were discussed. There were also con- cerns about restricting the type of fill to be deposited in the location and that such fill shall be approved by the City staff and that no fly ash or any unstable fill material be allowed to be installed on the site. Parranto moved, Wachter • seconded the motion, to approve the preliminary plat subject, however,.to the submission of a detailed site plan for approval by the Planning Commission and City Council prior to approval of any building permit on the site; further, subject to the following: • 1. Consideration and approval of the _Minnesota River Watershed District would be required so that the property would be excluded from the flood plain area as determined by the Watershed District or that the applicant would then be required to return to the Planning Commission for variance approval and compliance with Ordinance No. 61 if required. 2. If this plan is not followed, then a detailed site plan shall be approved by the APC and Council prior to the issuance of a building permit. 3. The parking area shall be surfaced and concrete curbing shall be pro- vided around the perimeter of the parking lot. 4. Any outside storage or other use than office /warehouse shall be approved by the City through conditional use permit 5. Detailed grading, drainage and erosion control plans shall be submitted and approved by City staff prior to the submission of the final plat. 6. Buffering or screening shall be provided along the west side of the truck docks. City Council Minutes August 5, 1980 Page Seven • 7. All easements shall be dedicated as requested by the Eagan City staff. 8. Detailed landscape plans for the entire parcel including buffering and screening shall be provided and approved by the City. A landscape bond of at least $2,000 shall be provided and not relased until one (1) year after the landscaping has been completed. 9. That Mn /DOT's recommendations and comments shall be acquired and that favorable EAW be acquired and if not favorable then rezoning and preliminary plat approval be revoked. 10. A fifty (50) foot half right of way be dedicated adjacent to Nicols Road. 11. Written authorization and approval be received from the DNR and the Corps of' Engineers as it relates to the grading within the presently designated Flood Plain. 12. Written permission be received from the MWCC for the connection to their trunk sanitary sewer line. 13. That a hold harmless agreement be entered into by owner and developer for any water damage to site. 14. That a meter be supplied for metering sewer and water use and that . the owner and developer consent to special assessments when City utilities become available to the site. 15. Further, that only stable granular fill materials will be allowed on the site for fill purposes and no fly ash or other unstable material will be permitted to be installed. All voted in favor. COACHMAN LAND COMPANY 1ST ADDITION PRELIMINARY PLAT Mr. Hedges stated that a request had been submitted by the developers of Coachman Land Company 1st Addition consisting of the Rosewood Corporation for reconsideration of the Council for approval of the preliminary plat including park donation covering Coachman Land Company lst Addition. It was noted that a public hearing was held before the Advisory Planning Commission on February 27 and recommended approval subject to conditions including approval of three variances. The Council had also acted on the application on April 1, 1980, approving subject to conditions. Mr. Howard Rekstad and Mr. Howard Stacker, attorney, appeared together with Mr. Ted Yoch representing the applicant. It was noted that no formal application, has been resubmitted and that the Council accepted the request to be heard including revisions to the proposed plat and park dedication. A letter from Howard Stacker, attorney, dated July 24, 1980, was reviewed request- ing.approval of the preliminary plat in the original form and donation of 1.5 acres to the City and an understanding with the City that no more than 10% dedication will be required for park purposes for the completion of the entire • Coachman Land Compariv Rosewood Corporation property. There was considerable discussion by members of the City Council and it was recommended that Four Oaks Road be extended to the east property line of the proposed addition with 80 foot right of way. Councilmember Smith reviewed certain reasons that the Council had LJ City Council Minutes August 5, 1980 Page Eight given for looped streets including the need for greater police protection, fire protection, use by maintenance vehicles including snowplowing services, etc. Councilmember Parranto moved to approve the request for preliminary plat approval of Coachman Land Company 1st,Addition with the two cul -de -sacs as originally pro- posed and providing for 80 foot right of way for Four Oaks together with all the conditions imposed by the Advisory Planning Commission and the City Council. There was no second and the motion died. There was discussion concerning.an extension of six months for final plat approval on the basis of the motion adopted by the Council on April 1. After further discussion, Smith moved, Egan seconded the motion to approve the prelimi- nary plat with looped street including 20 units according to the plan last sub - mitted and approved by the City Council; further, subject to all conditions imposed at the April 1, 1980, Council meeting; further, that the City accept the proposed,dgnation of one and one -half acres of park land as outlined by Mr. Stacker in his letter of July 24, 1980, provided that a recordable agreement be executed to run with the land; further, subject to an agreement to be entered into between'the City and the developer and the fee owner that the City will require no more than 10% park land donation in addition to the 1.5 acres mentioned above, but that such limitation of 10% be extended only until September 1, 1987. All members voted in favor. I -35E PLAN REVIEW • Mayor Blomquist introduced Dick Elasky, assistant District 9 Engineer, Bob Rosas and Chief Design Engineer Bob Winter who reviewed the I -35E plans from Cliff Road to 0.4 miles south of Lone Oak Road. The preliminary plan was dis- cussed in detail and there were questions from Councilmembers and members of the audience present. There was discussion concerning bridges, sidewalks, alternate plans for park and ride locations including one at the southeast corner of Pilot Knob Road and Yankee Doodle Road and another at the northwest corner of Blackhawk and Cliff Roads. After considerable review, Smith moved,' Egan seconded the motion, to adopt the.proposed resolut.ion including the conditions proposed by the City staff as submitted to the Council in writing regarding I -35E; further, subject to those conditions contained in Exhibit E and those changes specifically requested by the City Council during its review. All voted in favor. Egan then moved, Parranto seconded the motion, that the Council indicate its approval of two ,park and ride locations along I -35E at the southeast corner of Yankee Doodle Road and Pilot Knob Road and one of two locations at either County Road #30 or at Blackhawk and Cliff Road. Further, that the Mn /DOT be requested to apply for federal funding to complete the balance of Blackhawk Road-improvements not already provided in its plans. Egan, Parranto, Blomquist, and Smith voted in favor. Wachter abstained because of his residence location on Blackhawk Road. • C� City Council Minutes August 5, 1980 Page Nine BARTON ENTERPRISES TEMPORARY CONCRETE PLANT The application of Barton Enterprises, Inc. for special use permit for temporary concrete plant to be established on Lots .2 and 3, Block 1, Cedar Ridge 2nd Addition, was next considered, which would be located 200 -250 feet east of the asphalt plant. Mr. Gary Sauer was present on behalf of the applicant and indicated that he had met with homeowners association representatives the prior Thursday in the River Hills 9th Addition. Although certain residents were not happy with the proposal, he indicated that the completion of the asphalt operation would be speeded up and that it is necessary to install the concrete plant for completion of Cedar Avenue. Smith moved, Egan seconded the motion, all voted in favor, to approve the application for the concrete portable batch.plant for four months with hours from 7 a.m. to 7 p.m., similar to the asphalt plant and other conditions imposed at the time of the approval of the asphalt plant application. All voted'in favor. IMPROVEMENT 4680 -14 -- ART RAHN ADDITION The contract with C. Wayne Erickson, Inc., for Improvement #80 -14 concerning the improvements in Art Rahn.Addition was submitted for approval. Smith moved, Egan seconded the motion, to approve the contract and authorize the signature. All voted in favor except Parranto who abstained because of his interest in the develop- ment. • IMPROVEMENT 4680 -20 -- NORTHVIEW SCHOOL /SCHMIDT ADDITION UTILITIES The plans and specifications for Improvement 4680 -20 consisting of utilities in the Northview School area and Schmidt Addition were submitted and recommended for approval. Parranto moved, Wachter seconded the motion, to combine Projects 46304 and 46299 for bidding purposes, to approve the plans and specifications and to authorize the Clerk to advertise for bids to be opened at City Hall on August 29, 1980 at 3 p.m. All voted yes. IMPROVEMENT 4680 -27 -- BRITTANY 2ND AND 3RD ADDITIONS AND CHES MAR EAST 2ND ADDITION The plans and specifications for Improvement 4480 -27 consisting of street installation in Brittany 2nd and 3rd Additions, Project 46303, Ches Mar East 2nd and 3rd Additions, Project 44301, streets, and Art Rahn Addition streets, Project 44266 were submitted for approval by the City Engineer. There were concerns by Councilmembers about erosion control in the area of Brittany 2nd-and 3rd Addi -_ tions. Wachter moved, Smith seconded the motion to approve the plans and specifi- cations, to authorize the Clerk to advertise for bids to be opened at City Hall on August 28, 1980, at 3 p.m. with the understanding that.erosion controls will be imposed upon the developer within Brittany 2nd and 3rd Additions-satisfactory to the-staff, and that Projects 46303, 46301, and 462668 be combined for bidding purposes. All voted in favor. City Council Minutes August 5, 1980 Page Ten • IMPROVEMENT #80 -19 -- TWIN VIEW MANOR UTILITY IMPROVEMENTS The plans and specifications for Improvement #80 -19 consisting of Twin View Manor utility improvements Project #264 were next submitted for approval. Smith moved, Parranto seconded the motion, to approve the plans and specifications, to order the Clerk to advertise for bids with a bid opening scheduled for August 29, 1980, at 3 p.m. at the City Hall. All voted yea. City Attorney Hauge indi- cated that a temporary injunction action being brought by Wesley Berg and some other neighbors in the Twin View Manor addition area is scheduled for hearing on Wednesday, August 6, to determine whether the City should be restrained from proceeding with the utility project. MEADOWLANDS STREET VACATION A letter from Burford Construction requesting the Council vacate a street easement adjacent to Lot 12, Block 3, Meadowland was next considered. Parranto moved, Wachter seconded the motion to accept the petition and schedule a public hearing on the vacation for September 2, 1980, at 7 p.m. at the City Hall. All voted yes. PROJECT 4306 -- WILDWOOD LANE STREET IMPROVEMENTS The plans and specifications covering the Wildwood Lane (Courrty Road #30) street improvements between Nicols Avenue and Blackhawk Road have been completed • and were submitted and recommended for approval. They indicated alternate 52- foot urban cross section and 44 -foot wide road alignments. It is projected that the Dakota County Board will include the road improvements in its 1981 budget. It was also suggested that an alternate 48 -foot wide improved road be proposed at the public hearing when it takes place. Egan moved, Wachter seconded the motion to continue the consideration concerning the feasibility report and set - ting the public hearing until the County Board determines whether this road pro- ject will be included within its 1981 budget. WESCOTT ROAD DRAINAGE PROBLEM Public Works Director Colbert reported that there have been some serious water drainage problems along Wescott Road in the area of the Charles Hall property which resulted from the upgrading of Wescott Road from South Hills to T. H. #49 in 1978. It was estimated it would require $7,000 to $10,000 to provide an out - let from the pond adjacent to Wescott Road through the Hall property into Old Lake in the NE14 of Section 23 and it was recommended that the Council approve such an expenditure. Blomquist moved, Wachter seconded the motion, to approve the expenditure as recommended. City Council Minutes August 5, 1980 Page Eleven FIRE STATIONS #1 and #3 REVISION It was proposed that there be a deduction of $778 for trees and decorative shrubs that would be installed by the Eagan Park Department for the fire stations. The trees and shrubs will be purchased through the Shade Tree Program. Wachter moved, Parranto seconded the motion, to approve the recommended deduction and the purchase of the shade trees by the City. All voted in favor. ASSESSMENT HEARING -- 1980 The City Administrator recommended that the Council schedule assessment hearings for September 25, 1980,.covering approximately 30 projects that are ready for assessment against benefited property. There was discussion regarding the assessments against the Overview Estates property and it was requested that the Development Contract covering Overview specifically be conditioned upon the developer and owners accepting these assessments for the utilities and streets as originally requested by the developers and installed under the improvement project in that subdivision. Egan moved, Smith seconded the motion, to approve the assessments rolls and to schedule a public hearing on each of the assessment rolls for September 24, 1980 at 7 p.m. at the City Hall. FISH LAKE STORM SEWER IMPROVEMENTS Charlotte Bruestle appeared informally and requested the Council order the contractor on the Fish Lake storm sewer outlet project to install additional . signing during construction of the storm sewer along Pilot Knob Road because of the accidents that have occured and the danger to pedestrians and vehicles in the construction area near Fish Lake. The Council requested additional warning signs and that the administrator forward a letter to the Dakota County Highway Department and request that blacktoppin& all along Pilot Knob Road including repair of shoulders be completed before the winter months of 1980 because of dangerous existing conditions along Pilot Knob Road. HERBERT ADELMAN City Attorney Paul Hauge submitted a request of $7,500 from Mr. and Mrs. Herbert Adelmann for storm sewer easement on Cedar Avenue. Certain trees were removed during the construction process and 17 feet of permanent storm sewer right -of -way was requested by the City. No action was taken on the request. MR. AND MRS. HENRY BRUESTLE EASEMENT Paul Hauge also reviewed the negotiations with Mr. and Mrs. Bruestle for the storm sewer trunk easement along Pilot Knob.Road covering the Fish Lake storm sewer project. He indicated that negotiations have taken place for many weeks and the current request is for $7,700 plus other consideration. It was requested that the City Attorney be authorized to negotiate further concerning the easement. C� w A 0 • City Council Minutes August 5, 1980 Page Thirteen CABLE TV SPECIAL MEETING The City Administrator was directed to distribute information to the Council and the CTV members and then schedule an organization meeting for the CTV Committee. JULY 15, 1980 STORM The Mayor directed the Administrator to send thank you letters to the Police Department, Fire Department and other City staff members for their very coopera- tive assistance following the serious storm in the City of Eagan on the evening of July 15. PROJECT 480 -16 -- GALAXIE AVENUE It was noted that the bids for Galaxie Avenue street improvements had been opened on July 10, 1980, and the Council had delayed the award of the contract bid. The Public Works Director recommended the low bid of Enebek Construction Company in the sum of $174,519.50 be awarded. Smith moved, Egan seconded the motion, all voted in favor to approve the recommendation. ST. FRANCIS WOOD UTILITY VACATION A written request was received from the engineering firm for the developer of St. Francis Wood requesting that certain drainage and utility easements in St. Francis Wood be vacated. Egan moved, Wachter seconded the motion to approve the request for vacation and schedule a public hearing for September 2, 1980, at 7 p.m. at the City Hall. VOUCHERS Wachter moved, Egan seconded the motion, all voted in favor, to approve the following-vouchers: 1096 -1107; 10673 - 10781; 16023-16151; ADJOURNMENT Blomquist moved, Egan seconded the motion, all voted in favor to adjourn at 12:30 a.m. PHH City Clerk lk �J • SUBJECT TO APPROVAL MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 5, 1980 A regular meeting of the Eagan City Council was held on Tuesday, August 5, 1980, at the Eagan City Hall at 7 :00 p.m. Present were Mayor Blomquist and Council - members Egan, Smith, Parranto and Wachter. Also present were City Administrator Hedges, City Engineer Rosene and�City Attorney Hauge. AGENDA Upon motion by Blomquist, seconded Parranto, it was RESOLVED that the agenda as presented be approved with the revision that the setting of the public hearing for final assessments for 1979 -1980 improvements be continued to the end of the agenda. All members voted yes. MINUTES Upon motion by Smith, seconded Egan, all voting in favor, it was RESOLVED that the minutes of the July 9, 1980, special Council.meeting, July 17, 1980 special Council meeting, and July 15, 1980, regular meeting be approved with the exception on page 11 of the July 15 minutes that the City was served in the Mahmood Aghassi vs. City of Eagan case on July 15 rather than July 16; further, that on page 6 of the July 15 minutes regarding Twin View Manor 2nd Addition preliminary plat that the variance for length of cul -de -sac also was approved. All voted in favor. PUBLIC WORKS DEPARTMENT City Administrator Hedges reported: 1. Excavation Permit - -N the developers of Walden Heights commence excavation within the su Department recommended approval. in favor, to approve the recommen en,'Heights. Subdivision. The application from F a°tion for grading permit for Walden Heights to ision was next considered. The Public Works n moved, Wachter seconded the motion, all voted t 2. Seneca Waste Treatment Plant Disposal Project. The City received a request from the M. W. C. C. to review plans and specifications relating to the transfer of approximately 20,000 cubic yards of fly ash material from settling basins located in the Seneca Waste treatment plant site to be located on the Landmark Company property on Highway 413 for fill material. It was noted that the Council earlier had approved a similar project. The City Engineer indicated that he had made contacts with Landmark Development Company concerning a proposed storm sewer easement across that property from the Blackhawk Lake outlet and had preliminary approval. There were concerns about erosion and dust control, including seeding and sodding. Wachter moved, Blomquist seconded the motion, to approve the request subject to staff approval of erosion con- trol, the grant of a storm sewer easement without cost to the City over the Landmark property, dust control measures approved by the City staff, and such normal restrictions as those imposed by the City for fly ash removal including soil and spreading top soil and seeding. All voted yes. City Council Minutes August 5, 1980 Page Two • 3. Improvement X679 -16 -- Alexander Road Street Construction. A request from the contractor for Alexander Road to provide for 8,000 cubic yards of material for the road improvements under construction to be acquired from the Eagan storm sewer ponding area next to the R. L. Johnson warehouse site was next considered. The Public Works Director recommended approval and that the cost be set at $.35 per cubic yard with the understanding that the pond area will be increased to the City's advantage. Smith moved, Wachter seconded the motion, to approve the recommendation as submitted. All voted in favor. 4. Improvement #79 -13 -- Lakeside Estates, Saddlehorn Addition, Dodd Road Utilities. Mr. Hedges indicated that during the public hearing for proposed Project 4241 there was no consideration of trunk storm sewer assessments under Improvement Project #79 -13. The staff recommended consideration by the Council as to whether a storm sewer assessment should be levied upon completion of the utility work so as to avoid storm sewer trunk assessments in the future. Noting some trunk storm sewer had been installed including laterals, the Council indicated, however, that additional trunks will have to be installed in the future. It was noted that the storm sewer trunks have not been assessed to the above areas and that there will be assessments at some time in the future. No action was taken on the request. PARK DEPARTMENT Mr. Hedges reported. 1. Park Maintenance Vehicle. Bids for a one -ton park maintenance vehicle were received by the Council on May 20 and it was recommended that the bid be awarded to Ridgedale Ford in the amount of $7,750 net taking into consideration a $1,200 trade for the existing vehicle. There was a question regarding the City's retaining the box and plow. Wachter moved, Egan seconded the motion,, to approve the recommendation for award of the contract to Ridgedale Ford in the sum of $7,750 including the $1,200 trade but that the staff consider retaining the box and plow from the existing vehicle which would alter the trade -in price. All voted yes. 2. Ski Trail Grants in Aid Application. Mr. Hedges indicated that Park Director Vraa recommended that the Council approve an application for grant in aid for ski trail maintenance that should cover about 65% of the ski trail maintenance and 90% of the grooming costs for 1980 -81. He estimated the amount of the grant would be $1,500 to $2,000. Smith moved, Wachter seconded the motion, to approve the recom- mendation and all voted in favor. CONSENT AGENDA The Council considered the following consent agenda items:, 1. Diamond T. Ranch Water. Extension. The operators of the Diamond T Ranch on County Road 30 requested the Council extend the temporary water connection to the Diamond T Ranch without charge for lateral trunk benefit or connection charge for an additional year. The staff recommended approval because of the fact that I -35E construction has not commenced. • City Council Minutes August 5, 1980 • Page Three 2. Conditional Use Permits. A. George Becker, 3890 Lexington Avenue South, for a group type foster home. B. Inver Grove Heights for the police dispatching fee. E. Jerry Thomas for Diamond T Horse Ranch on County Road 4630. D. Don Chapdelaine for Pro -life sign on Highway 4613. The staff recommended approval for all conditional use permits. 3. Clearview Addition No. 2. The Public Works Director recommended that the letter of credit be reduced for Clearview Addition from $2,710 to $950 covering offset improvements only. 4. St. Francis Wood 2nd Addition Utilities, Project 46307. A feasibility report for Project 46307 covering St. Francis Wood 2nd Addition utilities was sub- mitted and recommended for approval by the Public Works Director. He further recom- mended that a public hearing be scheduled on September 16, 1980, at 7:00 p.m. at the City Hall to consider the feasibility report. • 5. Wescott Road Grading, Improvement 4625. It was noted that a public hearing was held on June 17, 1980, to consider the improvement of Wescott Road from Denmark Avenue to Lexington Avenue covering Project 46305 and the Council did order in the improvement relating to Improvement 4680 -25. The Councilmembers walked the McCarthy property at the request of Mr. Pat McCarthy and reviewed the proposed alignment of Wescott Road. It was recommended that the alignment of Wescott Road as proposed by the City Engineer and Public Works Director be approved and that the City staff be authorized to order easement descriptions and begin negotiations with the.McCarthy family for the necessary road right -of -way covering Improvement 4680 -25. 6. Trunk Highway 4655 Storm Sewer -- Project 46182R. On July 15, 1980, the City Council reviewed the preliminary plat approval for Joyce Addition and recommended that a revised feasibility report for storm sewer in the general area of Trunk Highway 9655 be prepared. The Public Works Director recommended that the feasibility report for Project 46182 Revised be accepted and that the Council schedule a public hearing to be held on Spetember 16, 1980, at 7:00 p.m. at the City Hall. 7. Improvement 4679 -14 -- Rahn Park Tennis Courts. The Public Works Director recommended that Rahn Park Tennis Court project, Improvement Project 4679 -14, be approved for final payment in the sum of $2,861.10 to Dailey and Sons Contracting Company. 8. Cedar Avenue Trunk Utilities, Improvement 9679 -24. The Cedar Avenue trunk sanitary sewer and storm sewer along Nicols Road at Trunk Highway 4613 has now been completed. The Public Works Director recommended approval of the project and approval • of final payment to Parrott Construction Company in the amount of $1,487..50. Egan moved, Wachter seconded the motion, to approve all of the foregoing recommenda- tions on the consent agenda and authorize the implementation by the staff. All voted in favor. City Council Minutes August 5, 1980 Page Four U -HAUL CONDITIONAL USE PERMIT The request of U -Haul for a conditional use permit for the U -Haul location at 3890 Cedar Avenue and Highway #13 was next discussed. Councilmembers noted that the number of trailers and trucks on the premises had exceeded the allowable limits from time to time. Parranto moved, Smith seconded the motion to continue the considera- tion of the conditional use permit and that the staff request that a U -Haul represen- tative be present at the next Council meeting to discuss the permit. All voted yea. GRANVILLE HOUSE SPECIAL USE PERMIT Mayor Blomquist next convened the public hearing regarding the application of Granville House, 'Inc., for special use permit for an extended care facility for chemically dependant adolescents at 720 Blue Gentian Road. Representatives of Granville House, including Dagney Christiansen, the executive director, were pre - sent and explained the proposal. Several neighboring residents appeared and had questions concerning the request for special use permit. Ms. Christiansen indicated this is the fifth program of Granville House in the Twin Cities and stated that it is a nonprofit corporation and will apply for exemption for payment of real estate taxes for the Ames Estate that is being proposed to be purchased by the applicant. After considerable discussion and questions, Parranto moved, Smith seconded a motion to approve the application for a special use permit indicating that there • appeared to be a substantial need for chemically dependant treatment facilities but that the permit be subject to the following conditions: 1. The site plan shall be approved by the City staff.providing adequate parking for the facility. 2. Because the site is in the noise corridors, performance standards should be enforced to reduce noise levels within the building to the satisfaction of the City staff. 3. All state and county permit requirements shall be met prior to the opening of the facility. 4. The applicant and successors shall consent to proposed City improvements including utilities and streets when they are proposed for Blue Gentian Road including the assumption of assessments. 5. All ordinances shall be complied with. 6. A maximum of 50 staff members and residents be allowed to occupy the premises at any one time. Those in favor were Parranto, Egan, Smith and Blomquist. Against was Wachter. r L City Council Minutes August 5, 1980 Page Five PROJECT X6314 PUBLIC HEARING, RIDGE CLIFFE ADDITION UTILITIES The Mayor convened the public hearing regarding Project 66314 consisting of utilities, sewer, water and storm sewer improvements to Ridge Cliffe Addition. The City Engineer explained the project and there were no objections to the proposal. One neighboring property owner was present and objected, however, to unnecessary taking of trees and the engineering department was asked to review the project in relation to unnecessary grading and the utility project relating to tree removal. After discussion, Parranto moved, Egan seconded the motion to close the hearing, to order in the project according to the report as presented with the exception that the water main in Halden Circle be changed to provide for the extension northerly between lot lines within the plat as determined by the City Engineer but that the water main be extended to the west end of Nokia Way and authorize the Engineer to prepare plans and specifications. Egan seconded the motion and all voted in favor. The Council also suggested changing some of the street names because of confusion with other street names in the City. - --- GALAXIE AVENUE PROJECT 46311 PUBLIC, HEARING - - - The next public hearing convened by the Mayor concerned the Ga -.axie Avenue • street improvement Project 46311. Mr. Hedges indicated that on July,)22 Dakota County had unanimously approved the grant of the temporary slope easements to the City required for construction of the municipal state aid street improvement with the understanding that the assessments against Dakota County Park land will be negotiated with the City. Mrs. Schindeldecker, a neighboring affected property owner, was present with questions about construction and access. It was under- stood that the name "Galaxie" will be used by the City from Cliff Road south through Apple Valley. Smith moved, Blomquist seconded the motion, to close the hearing, to order in the improvement and to authorize the City Engineer to prepare the plans and specifications and that the staff negotiate with Dakota County concerning the assessments against county property. PROJECT 46309 -- WALDEN HEIGHTS UTILITIES AND STREETS The Mayor then convened the public hearing regarding Project 46309 consisting of utility and street improvements to Walden Heights Addition. City Engineer Rosene explained the project and its relation to the Twin View Manor area improve- ment. There were no objections to the project. There were concerns about width of the gas main easement and the effect upon certain lots within the subdivision and the concern that the lot or lots may become tax forfeited with assessments unpaid. Egan moved, Wachter seconded the motion to close the hearing, to order in the project, to authorize the City Engineer to prepare plans and specifications, subject however, to determination by the staff as to whether any lots including Lot 1, Block 3, would become unbuildable because of the location of the gas main; in the event that it becomes unbuildable that assessments not be levied against that lot but that the total cost of the improvements be assessed against all • remaining lots within the subdivision. All voted yea. City Council Minutes August 5, 1980 Page Six L & F ADDITION PRELIMINARY PLAT AND REZONING The next application concerned the request of Ralph Linvill for rezoning from FP, Flood Plain District to LI, Light Industrial, and preliminary plat approval of L & F Addition on Cedar Avenue at the railroad right -of -way. Mr. Linvill was present as was Ralph Wagner of Probe Engineering. Also, Mr.-and Mrs. Joe Kennealy,..property owners, were present. Mr. Wagner explained the proposal and there were no objections from persons in the audience present. The Planning Commission recommended approval subject to certain conditions.. The EAW worksheet was reviewed by Mr. Hedges and indicated that it is being submitted to the EQB and all necessary government agencies for review and recommendation. The City staff recommends a negative recommendation as to the EAW. Smith moved, Egan seconded the motion to accept the recommendation as to no EAW being required and no impact.* All voted yes. Next Wachter moved to approve the application for rezoning as submitted. Egan seconded the motion and all voted yes. There was considerable discussion concerning whether the Council should approve the preliminary plat until a detailed plan fo r•the actual use of the property is submitted. Other alternatives such as site plan approval and requiring approval by the APC and Council in the event a _building permit application is submitted were discussed. There were also con- cerns about restricting the type of fill to be deposited in the location and that such fill shall be approved by the City staff and that no fly ash or any unstable fill material be allowed to be installed on the site. Parranto moved, Wachter • seconded the motion, to approve the preliminary plat subject, however, to the submission of a detailed site plan for approval by the Planning Commission and City Council prior to approval of any building permit on the site; further, subject to the following: 1. Consideration and approval of the Minnesota River Watershed District would be required so that the property would be excluded from the flood plain area as determined by the Watershed District or that the applicant would then be required to return to the Planning Commission for variance approval and compliance with Ordinance No. 61 if required. 2. If this plan is not followed, then a detailed site plan shall be approved by the APC and Council prior to the issuance of a building permit. 3. The parking area shall be surfaced and concrete curbing shall be pro- vided around the perimeter of the parking lot. 4. Any outside storage or other use than office /warehouse shall be approved by the.City through conditional use permit 5. Detailed grading, drainage and erosion control plans shall be submitted and approved by City staff prior to the submission of the final plat. 6. Buffering or screening shall be provided along the west side of the truck docks. City Council Minutes August 5, 1980 Page Seven 7. All easements shall- be dedicated as requested by the Eagan City staff. 8. Detailed landscape plans for the entire parcel including buffering and screening shall be provided and approved by the City. A landscape bond of at least $2,000 shall be provided and not relased until one (1) year after the landscaping has been completed. 9. That Mn /DOT's recommendations and comments shall be acquired and that favorable EAW be acquired and if not favorable then rezoning and preliminary plat approval be revoked.' 10. A fifty (50) foot half right of way be dedicated adjacent to Nicols Road. 11. Written authorization and approval be received from the DNR and the Corps of Engineers as it relates to the grading within the presently designated Flood Plain. 12. Written permission be received from the MWCC for the connection to their trunk sanitary sewer line. 13. That a hold harmless agreement be entered into by owner and developer for any water damage to site. • 14. That a meter be supplied for metering sewer and water use and that the owner and developer consent to special assessments when City utilities become available to the site. 15. Further, that only stable granular fill materials will be allowed on the site for fill purposes and no fly ash or other unstable material will be permitted to be installed. All voted in favor. COACHMAN LAND COMPANY 1ST ADDITION PRELIMINARY PLAT Mr. Hedges stated that a request had been submitted by the developers of Coachman Land Company 1st Addition consisting of the Rosewood Corporation for reconsideration of the Council for approval of the preliminary plat including park donation covering Coachman Land Company 1st Addition. It was noted that a public hearing was held before the Advisory Planning Commission on February 27 and recommended approval subject to conditions including approval of three variances. The Council had also acted on the application on April 1, 1980, approving subject to conditions. Mr. Howard Rekstad and Mr. Howard-Stacker, attorney, appeared together with Mr. Ted Yoch representing the applicant. It was noted that no formal application has been resubmitted and that the Council accepted the request to be heard including revisions to the proposed plat and park dedication. A letter from Howard Stacker, attorney, dated July 24, 1980, was reviewed request ing_ approval of the preliminary plat in the original form and donation of 1.5 acres to the City and an understanding with the City that no more than 10% dedication will be required for park purposes for the completion of the entire Coachman Land Company Rosewood Corporation property. There was considerable discussion by members of .the City Council and it was recommended that Four Oaks Road be extended to the east property line of the proposed addition with 80 foot right of way. Councilmember Smith reviewed certain reasons that the Council 'had City Council Minutes August.5, 1980 Page Eight • given for looped streets including the need for greater police protection, fire protection, use by maintenance vehicles including snowplowing services, etc. Councilmember Parranto moved to approve the request for preliminary plat approval of Coachman Land Company lst.Addition with the two cul -de -sacs as originally pro - posed and providing for 80 foot right of way for Four Oaks together with all the conditions imposed by the Advisory Planning Commission and the City Council. There was no second and the motion died. There was discussion concerning.an extension of six months for final plat approval on the basis of the motion adopted by the Council on April 1. After further discussion, Smith moved, Egan seconded the motion to approve the prelimi- nary plat with looped street including 20 units according to the plan last sub- mitted and approved by the City Council; further, subject to all conditions imposed at the April 1, 1980, Council meeting; further, that the City accept the proposed,dgnation of one and one -half acres of park land as outlined by Mr. Stacker in his letter of July 24, 1980, provided that a recordable agreement be executed to run with the land; further, subject to an agreement to be entered into between'the City and the developer and the fee owner that the City will require no more than 10% park land donation in addition to the 1.5 acres mentioned above, but that such limitation of 10% be extended only until September 1, 1987. All members voted in favor. I -35E PLAN REVIEW . Mayor Blomquist introduced Dick Elasky, assistant District 9 Engineer, Bob Rosas and Chief Design Engineer Bob Winter who reviewed the I -35E plans from Cliff Road to 0.4 miles south of Lone Oak Road. The preliminary plan was dis- cussed in detail and there were questions from Councilmembers and members of the audience present. There was discussion concerning bridges, sidewalks, alternate plans for.park and ride locations including one at the southeast corner of Pilot Knob Road and Yankee Doodle Road and another at the northwest corner of Blackhawk and Cliff Roads. After considerable review, Smith moved, Egan seconded the motion, to adopt the proposed resolut.ion including the conditions proposed by the City staff as submitted to the Council in writing regarding I -35E; further, subject to those conditions contained in Exhibit E and those changes specifically requested by the City Council during its review. All voted in favor. Egan then moved, Parranto seconded the motion, that the Council indicate its approval of two park and ride locations along I -35E at the southeast corner of Yankee Doodle Road and Pilot Knob Road and one of two locations at either County Road #30 or at Blackhawk and Cliff Road. Further, that the Mn /DOT be requested to apply for federal funding to complete the balance of Blackhawk Road improvements not already provided in its plans. Egan, Parranto, Blomquist, and Smith voted in favor. Wachter abstained because of his residence location on Blackhawk Road. City Council Minutes August S, 1980 Page Nine • BARTON ENTERPRISES TEMPORARY CONCRETE PLANT The application of Barton Enterprises, Inc. for special use permit for temporary concrete plant to be established on Lots 2 and 3, Block 1, Cedar Ridge 2nd Addition, was next considered, which would be located 200 -250 feet east of the asphalt plant. Mr. Gary Sauer was present on behalf of the applicant and indicated that he had met with homeowners association representatives the prior Thursday in the River Hills 9th Addition. Although certain residents were not happy with the proposal, he indicated that the completion of the asphalt operation would be speeded up and that it is necessary to install the concrete plant for completion of Cedar Avenue. Smith moved, Egan seconded the motion, all voted in favor, to approve the application for the concrete portable batch.plant for four months with hours from 7 a.m. to 7 p.m., similar to the asphalt plant and other conditions imposed at the time of the approval of the asphalt plant application. All voted in favor. IMPROVEMENT 480 -14 -- ART RAHN ADDITION The contract with C. Wayne Erickson, Inc., for Improvement #80 -14 concerning the improvements in Art Rahn Addition was submitted for approval. Smith moved, Egan seconded the motion, to approve the contract and authorize the signature. All voted in favor except Parranto who abstained because of his intere -st in the develop - ment. IMPROVEMENT #80 -20 -- NORTHVIEW SCHOOL /SCHMIDT ADDITION UTILITIES The plans and specifications for Improvement X680 -20 consisting of utilities in the Northview.School area and Schmidt Addition were submitted and recommended for approval. Parranto moved, Wachter seconded the motion, to combine Projects #304 and #299 for bidding purposes, to approve the plans and specifications and to authorize the Clerk to advertise for to be opened at City Hall on August 29, 1980 at 3 p.m. All voted yes. IMPROVEMENT #80 -27 -- BRITTANY 2ND AND 3RD ADDITIONS AND CHES MAR EAST 2ND ADDITION The plans and specifications for Improvement X680 -27 consisting of street installation in Brittany 2nd and 3rd Additions, Project #303, Ches Mar East 2nd and 3rd Additions,-Project #301, streets, and Art Rahn Addition streets, Project X6266 were submitted for approval by the City Engineer. There were concerns by Councilmembers about erosion control in the area of Brittany 2nd-and 3rd Addi- tions. Wachter moved, Smith seconded the motion to approve the plans and specifi- cations, to authorize the Clerk to advertise for bids to be opened at City Hall on August 28, 1980, at 3 -p.m. with the understanding that.erosion controls will be imposed upon the developer within Brittany 2nd and 3rd Additions satisfactory -to the staff, and that Projects #303, 46301., and #266B be combined for bidding purposes. All voted in favor. J City Council Minutes August 5, 1980 Page Ten IMPROVEMENT.#80 -19 -- TWIN VIEW MANOR UTILITY IMPROVEMENTS The plans and specifications for Improvement X680 -19 consisting of Twin View Manor utility improvements Project #264 were next submitted for approval. Smith moved, Parranto seconded the motion, to approve the plans and specifications, to order the Clerk to advertise for bids with a bid opening scheduled for August 29, 1980, at 3 p.m. at the City Hall. All voted yea. City Attorney Hauge indi- cated that a temporary injunction action being brought by Wesley Berg and some other neighbors in the Twin View Manor addition area is scheduled for hearing on Wednesday, August 6, to determine whether the City should be restrained from proceeding with the utility project. MEADOWLANDS STREET VACATION A letter from Burford Construction requesting the Council vacate a street easement adjacent to Lot 12, Block 3, Meadowland was next considered. Parranto moved, Wachter seconded the motion to accept the petition and schedule a public hearing on the vacation for September 2, 1980, at 7 p.m. at the City Hall. All voted yes. PROJECT #306 -- WILDWOOD LANE STREET IMPROVEMENTS The plans and specifications covering the Wildwood Lane (County Road #30) street improvements between Nicols Avenue and Blackhawk Road have been completed • and were submitted and recommended for approval. They indicated alternate 52- foot urban cross section and 44 -foot wide road alignments. It is projected that the Dakota County Board will include the road improvements in its 1981 budget. It was also suggested that an alternate 48 -foot wide improved road be proposed at the public hearing when it takes place. Egan moved, Wachter seconded the motion to continue the consideration concerning the feasibility report and set- ting the public hearing until the County Board determines whether this road pro- ject will be included within its 1981 budget. WESCOTT ROAD DRAINAGE PROBLEM 0 Public Works Director Colbert reported that there have been some serious water drainage problems along Wescott Road in the area of the Charles Hall property which resulted from the upgrading of Wescott Road from South Hills to T. H. 449 in 1978. It was estimated it would require $7,000 to $10,000 to provide an out - let from the pond adjacent to Wescott Road through the Hall property into Old Lake in the NEk of Section 23 and it was recommended that the Council approve such an expenditure. Blomquist moved, Wachter seconded the motion, to approve the expenditure as recommended. U City Council Minutes August 5, 1980 Page Eleven FIRE STATIONS 461 and 463 REVISION It was proposed that there be a deduction of $778 for trees and decorative shrubs that would be installed by the Eagan Park Department for the fire stations. The trees and shrubs will be purchased through the Shade Tree Program. Wachter moved, Parranto seconded the motion, to approve the recommended deduction and the purchase of the shade trees by the City. All voted in favor. ASSESSMENT HEARING -- 1980 The City Administrator recommended that the Council schedule assessment hearings for September 25, 1980, covering approximately 30 projects that are ready for assessment against benefited property. There was discussion regarding the assessments against the Overview Estates property and it was requested that the Development Contract covering Overview specifically be conditioned upon the developer and owners accepting these assessments for the utilities and streets as originally requested by the developers and installed under. the improvement project in that subdivision. Egan moved, Smith seconded the motion, to approve the assessments rolls and to schedule a public hearing on each of the assessment rolls for September-24, 1980 at 7 p.m. at the City Hall. FISH LAKE STORM SEWER IMPROVEMENTS • Charlotte Bruestle appeared informally and requested the Council order the contractor on the Fish Lake storm sewer outlet project to install additional signing during - construction of the storm sewer along Pilot Knob Road because of the accidents that have occured and the danger to pedestrians and.vehicles in the construction area near Fish Lake. The Council requested additional warning signs and that the administrator forward a letter to the Dakota County Highway Department and request that blacktopping, all along Pilot Knob Road including repair of shoulders be completed before the winter months of 1980 because of dangerous existing conditions along Pilot Knob Road. HERBERT ADELMAN City Attorney Paul Hauge submitted a request of $7,500 from Mr. and Mrs. Herbert Adelmann for storm sewer easement on Cedar Avenue. Certain trees were removed during the construction process and 17 feet of permanent storm sewer right -of -way was requested by the City. No action was -taken on the request. MR. AND MRS. HENRY BRUESTLE EASEMENT 0 Paul Hauge also reviewed the negotiations with Mr. and Mrs. Bruestle for the storm sewer trunk easement along Pilot Knob Road covering the Fish Lake storm sewer project. He indicated that negotiations have taken place for many weeks and the current request is for $7,700 plus other consideration. It was requested that the City Attorney be authorized to negotiate further concerning the easement. City Council Minutes August 5, 1980 Page Twelve MAK'N MAGIC -- ROBIN GEIGER VS. CITY OF EAGAN The City Attorney stated that a motion has been brought by the attorneys for Robin Geiger for payment of attorneys' fees and costs concerning the Mak'n Magic drug paraphernalia ordinance no. 71 action in the approximate sum of $28,000. The motion will be heard in Federal District Court on August 15. Notice.has been sent to the Eagan liability insurance companies concerning the motion. IMPROVEMENT 480 -6 -- BRIARHILL ADDITION AND SILVER BELL APARTMENT STORM SEWER PROJECT The Public Works Director has reported that the low bidder on Improvement 480-6 consisting of the Briarhill Addition utilities and Silver Bell Apartment storm sewer project, W. W. Dawson Construction Company, has defaulted on the bid that was awarded to the company by the City Council on May 20, 1980. The total amount was $136,321 and Dawson has refused to sign and forward the contract documents together with a performance bond-and insurance documents to the City. The staff has notified the bonding company that Dawson has forfeited on his bid bond and has made a claim for the proceeds under the bid bond and further recommended that Dawson Construction Company's contract be rescinded and that the second low bidder, Richard Knutson Construction Company, whose bid was in the.sum of $136,982 be awarded the contract. Negotiations are taking place with Richard Knutson and the staff has been unable after repeated attempts to contact W. W. Dawson. The bid of Richard Knutson will not change and only the completion dates will be revised. Because the owners and developers of each of the projects have put great pressure upon the staff and the Council to complete the projects, and • in light of the facts mentioned above, Parranto moved, Egan seconded the motion, to accept the recommendation of the Public Works Director and City Engineer that W. W. Dawson Construction Company's award be rescinded in all respects, that the claim on the bid bond for W. W. Dawson be made through the bonding company, that the second low bidder, Richard Knutson Construction Company, Inc., covering Improvement #80 -6 in the sum of $ 136,982 be awarded and that pursuant to the local improvement statute and that the staff be directed to implement this motion. All voted in favor. • EAGAN CENSUS Mr. Hedges stated that there was•a differential in the Metro Council's estimated population for the City of Eagan and the Census Bureau's estimate of somewhat under 1,000. Mr. Hedges said that he will notify the City Council after a review by the staff whether he would recommend that the Council appeal the the Census Bureau's preliminary figures. 1981 RTIMPT A special meeting was scheduled by Mayor Blomquist for August 20, 1980, at 7 p.m. at the City Hall to review and discuss the proposed 1981 budget. 1a City Council Minutes August 5, 1980 Page Thirteen • CABLE TV SPECIAL MEETING The City Administrator was directed to distribute information to the Council and the CTV members and then schedule an organization meeting for the CTV Committee. JULY 15. 1980 STORM The Mayor directed the Administrator to send thank you letters to the Police Department, Fire Department and other City staff members for their very coopera- tive assistance following the serious storm in the City of Eagan on the evening of July 15. PROJECT #80 -16 -- GALAXIE AVENUE It was noted that. the bids for Galaxie Avenue street - improvements had been opened on July 10, 1980, and the Council had delayed the award of the contract bid. The Public Works Director recommended the low bid of Enebek Construction Company in the sum of $174,519.50 be awarded. Smith moved, Egan seconded the motion, all voted in favor to approve the recommendation. ST. FRANCIS WOOD UTILITY VACATION A written request was received from the engineering firm for the developer • of St. Francis Wood requesting that certain drainage and utility easements in St. Francis Wood be vacated. Egan moved, Wachter seconded the motion to approve the request for vacation and schedule a public hearing for September 2, 1980, at 7 p.m. at the City Hall. VOUCHERS Wachter moved, Egan seconded the motion, all voted in favor, to approve the following-vouchers: 1096 -1107; 10673 - 10781; 16023- 16151; Blomquist moved, Egan seconded the motion, all voted in favor to adjourn at 12:30 a.m. PHH City Clerk