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05/06/1980 - City Council Regular 00095 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MAY 6, 1980 A regular meeting of the Eagan City Council was held on Tuesday, May 6, 1980, at the Eagan City Hall. Mayor Blomquist and City Councilmembers Parranto, Smith, Wachter and Egan were present. Also present were Public Works Director Colbert, City Administrator Hedges, City Engineer Rosene and City Attorney Hauge. After the Pledge of Allegiance, Smith moved, Wachter seconded the motion, to approve the agenda and to delay the Public Works items to the end of the agenda with the exception of the Highway 455 - 1-494 plan approval. All voted yes. Mayor Blomquist indicated that because of the very long agenda that all presentations would be limited to 15 minutes during the course of the meeting. MINUTES Wachter moved, Egan seconded the motion, to approve the minutes of the regular meeting of April 15, 1980, with the exception on page 3 regarding the trapping ordinance that Leo Murphy spoke against the ordinance and on page 3 relating to tax exempt mortgage financing that Standard and Poor's "A" rating will affect the interest rate from 1/8% to 1/4%. All voted yes. VFW BUDDY POPPY PROCLAMATION The Mayor proclaimed May 16 and 17 as days set aside for the distribution of poppies in appreciation for the sacrifices of those who gave their lives in foreign wars and proclaimed those days according to the proclamation which is filed. D 80-37 GROUP HOSPITALIZATION INSURANCE Mr. Erv Helmken appeared as the insurance agent of record and stated to the Council that the group hospitalization rates will not change as has been the case for the past three years for the City of Eagan but that there is a slight increase in life insurance rates based upon a currect census. Smith moved, Wachter seconded the motion, to approve the renewal of the group hospitalization policy with Mutual Service Life Insurance Company effective April 1, 1980. All voted in favor. TAX EXEMPT MORTGAGE FINANCING Mr. Dick Lincoln of Miller and Schroeder appeared regarding the tax exempt mortgage financing program and he indicated that the bond closing is expected to take place on May 7 or 8. Also, James Holmes, special bond counsel, was present and reviewed some aspects of the closing. Mr. Lincoln indicated that the arbitrage profit is not as high as expected therefore the interest rate on the mortgages is up from the expected 11-1/4% to 11-3/8%. He also stated that nearly 10% of the funds have been applied for. A resolution was submitted by Mr. Holmes reconfirming the prior sales resolution and amending the Housing Plan. Smith moved, Parranto seconded the motion, with Mayor Blomquist, and Egan, Smith and Parranto voting aye and Wachter voting nay to approve the resolution City Council Minutes May 6, 1980 Page Two which is filed in the Bond File. The Councilmembers thanked Mr. Holmes and Mr. Lincoln and Mr. Eckholm of Miller & Schroeder for their diligent efforts in the planning and preparation of the tax exempt bond issue. SEE BOND FILE 1-494 TRUNK HIGHWAY #55 Public Works Director Colbert introduced certain representatives of the Minnesota Department of Transportation and a representative of Contract Beverages who was present regarding the approval of plans and specifications for the Highway #55 construction work intended to be installed during 1980. A letter of May 6 from Mn/DOT requesting Council approval of plans with the understanding that future negotiations will take place concerning the revision of the median break on Highway #55 was reviewed. Mr. Douglas Differt, the District 9 Engineer, was present and stated the bid opening date is scheduled for May 9 and requested approval of the plans and specifications. It was noted that an informal meeting was held on May 5, 1980, amongst interested parties and representatives of the City to discuss the revision for a median break to serve the Contract Beverages area. It was noted that the Council had granted a building permit in 1968 and the City was committed to assist the median crossing but that the Council would not take this action in every case. After discussion, Parranto moved, Wachter seconded the motion, to approve the plans and specifications as submitted and the resolution and authorize the execution of the resolution as submitted by Mn/DOT. Mr. Joe Walker, president of Contract Beverages was present and withdrew any objection with the understanding that Mn/DOT and the federal highway officials will work to resolve the problem. All voted in favor. Blomquist then moved, Egan seconded the motion, to instruct the City staff to work with Mn/DOT in order to attempt to resolve the issue regarding the Contract Beverages area within the next 30 days. All voted yes. R 80-31 CONSENT ITEMS The following items were distributed in the packet to the Council and are included under the Consent Agenda. 1. Cedarvale Fish and Pet Center Conditional Use Permit. The City Admini- strator recommended approval of the conditional use permit after having contacted Mr. Schweie, the owner, and discussed both odor problems and a complaint concerning the sale of a bird cage. 2. Amendment to Ordinance #58, House Numbering. The City Administrator recommended that the Council authorize an amendment to Ordinance No. 55 to provide that quadraminiums fronting on a street be numbered in the normal fashion with the units to the rear to carry the suffix "B". 3. Rosemount, Inc., IDR Bonds. The final resolution for the industrial revenue bond issue for Rosemount, Inc., in the amount of $2,130,000 was submitted to the Council. Representatives of Rosemount, Inc., were present and invited members of the Council to an open house at the new facility on May 7. Staff recommended approval of the recommendation. SEE BOND FILE City Council .`!mutes May 6, 1980 Page Three 4. Eden Addition Plat Correction. A request of the developers of Eden Addition for correction to the plat concerning dimensions over certain lots was submitted and recommended for approval by the staff. 5. Service Station Permit Renewals. Eight service station permit renewals were requested and recommended for approval as follows: Sinclair Station Mendota Skelly 3946 Cedar Ave. South 3150 Dodd Road Dick's Auto Care Center Union 76 Q Petroleum 4195 Cedar Avenue South 4206 Cedar Avenue South Eagan Tire & Auto Center Standard Superamerica 4205 Cedar Avenue South County Road 30 & Highway #13 George Huber's Standard Service Yankee Square Standard 3206 Sibley Memorial Highway 1424 Yankee Doodle Road 6. Data Privacy Act. City Administrator Hedges submitted a Resolution laying forth responsibilities and duties for administering the Data Privacy Act under Minnesota Statutes. The resolution appoints a Responsible Authority and assigns duties and it is recommended that the City Clerk be appointed in that position with the understanding that any successor clerk be the Responsible Authority under the Act. R 80-19 7. U-Haul Landscaping Project. Building Inspector Peterson advised the City Clerk that the landscaping for the U-Haul business located at 3890 Cedar Avenue has been completed and recommended the Council authorize the return of the $1,000 cash escrow. 8. Improvement #80-9, James Refrigeration Utilities. The Contract for Improvement #80-9 covering James Refrigeration Utilities was recommended by the City Clerk for approval and that the Contract be executed on behalf of the City subject to compliance with all necessary contract provisions. 9. Cedarvale Bowling Alley Industrial Revenue Financing. An application for industrial revenue financing from D. C. R. Company for an 8-lane addition to the present 24-lane bowling alley on Beau D' Rue Drive was next reviewed. The Administrator recommended the application be accepted and that a hearing be scheduled for June 3, 1980, at 7 p.m. to consider the application. 10. Yanke Square Office #1 Project IR Financing. A petition had been submitted on behalf of the Colon brothers for consideration of a $995,000 industrial revenue financing program for construction of an office building in the Yankee Square Shopping Center. The City Administrator requested that the Council accept the application and order a public hearing on the IR mortgage financing for Yankee Square Office No. 1 on June 3, 1980 at City Hall at 7 p.m. City Council Minutes May 6, 1980,x,•. Page Four 11. Normandale Properties, Inc., IR Financing. The next application sub- mitted to the Council for Industrial Revenue financing was next submitted by Normandale Properties, Inc., for manufacturing warehouse project in the sum of $2,080,000 consisting of three buildings, two of 20,000 square feet each and one of approximately 30,000 square feet. The location would be at Avalon Avenue and Eagandale Boulevard and would be developed by Normandale Properties and/or Clover Drive, Inc., sister corporations of Rauenhorst Corporation. The City Administrator requested that the Council accept the application and schedule a public hearing for June 3, 1980, at the City Hall at 7 p.m. 12. Improvement #211A - Wilderness Run Road Utilities. Public Works Director Colbert and City Engineer Rosene recommended that the Council approve final payment request #5 for Improvement #211A in the amount of $27,657.10 to Fredrickson Excavating Company, Inc., and accept Project #211A for perpetual maintenance by the City. 13. Project #304 Schmidt Addition. The Public Works Director submitted a feasibility report for Project #304 consisting of improvements to the Schmidt Addition area on Lexington Avenue on County Road #30 and requested a public hearing be scheduled on June 3, 1980, at 7 p.m. at the City Hall. 14. Ridge Cliffe Addition Excavation Permit. Orrin Thompson Homes sub- mitted a request for grading and excavation permit for work to be performed adjacent to Johnny Cake Ridge Road south of Cliff Road in the location of the proposed Ridge Cliffe Addition. The Planning Commission had recommended approval of the preliminary plat and it will be submitted to the City Council on May 20. Mr. Colbert recommended approval of the grading plan but wanted to make certain that there would be no work performed that would create a detriment to the land even if the preliminary plat is not approved. He recommended approval of the grading and excavation permit subject to necessary ordinance and staff requirements. 15. Blue Cross Road "No Parking" Signs. A request from Police Chief DesLauriers and management of Blue Cross-Blue Shield requesting that the City install parking restriction signs on Blue Cross Road near the entrance to the parking lot due to vehicle sight restrictions was submitted. It was recommended that "No Parking" signs be installed as determined by the Engineering Department. 16. Cooperative Snow Removal Agreement with Burnsville. Mr. Colbert submitted a Cooperative Snow Removal Agreement prepared by the City Attorney cover- ing River Hills 9th Addition with the snow and ice removal to be performed by the City of Burnsville for a fee of $1,000 per year and recommended approval. A 80-11 17. Silver Bell Road - Mn/DOT Water Main Agreement. Mr. Colbert submitted a copy of a proposed agreement with Mn/DOT No. 59551, Supplement 1, to provide for the relocation of existing water mains and fire hydrants located on Silver Bell Road as a result of the T. H. #13 and Cedar Avenue interchange project. The estimated cost of $4,150 would be reimbursed totally by Mn/DOT and the Public Works Director recommended that the Council authorize the execution of Supplement No. 1 to the Agreement with Mn/DOT. R 80-31 A 80-12 CiEv Council Minutes May 6, 1980 Page Five 0 18. Improvement #79-9, Silver Bell Road Utility Relocation - Change Order No. 1. Public Works Director Colbert recommended a change order to #79-9 authorizing the contractor to perform the required water main and fire hydrant relocation per agreement with Mn/DOT 59551 Supplement No. 1. The change order amounted to $4,150. R 80-32 Smith moved, Wachter seconded the motion, all voted in favor, to approve the foregoing consent items and accept.the recommendations and authorize execution of necessary documents. HIGHVIEW ADDITION STREET IMPROVEMENTS A petition was submitted from eight property owners residing on Highview Avenue requesting the original feasibility report for the Highview Street improvements to include only that portion of the proposed street improvements on Highview from the west end of Highview near Highridge to the east boundary of Mr. Twomy's property. The petition was reviewed by the Council and there was discussion as to whether the original feasibility report could be split and whether it would be practical to proceed on that basis. After discus- sion, Egan moved, Blomquist seconded the motion, to reconsider the entire Project #292 concerning Highview street improvements. All voted yes except Wachter who voted no. Smith then moved, and Parranto seconded the motion, to authorize the City Engineer to prepare a feasibility report for all of Highview and to pro- vide that such feasibility report also include cost estimates for the area petitioned also. All voted in favor except Wachter who voted no. D 80-38 IMPROVEMENT PROJECT #236 ASSESSMENT HEARING The Mayor then convened the public hearing regarding Improvement #236A covering Meadowlands First Addition sanitary sewer, water, and storm sewer. Mr. Colbert reviewed the proposed assessment roll and indicated 158 parcels will be assessed for a total of $640,089.16 with $3,550.78 per lot. An attorney from the Larkin-Hoffman Law Firm appeared representing the owners of the land to the east of Meadowlands Addition and objected to the assessments. He stated that the owners of that property objected to certain portions of the proposed Comprehensive Plan and Councilmembers indicated that the Comprehensive Plan process is not a part of the current Meadowlands assessment project and further that it is understood that one of the partners in the Meadowland project that requested the improvements is also in the same group that owns the property to the east of Meadowlands Addition, namely Cliff Road Properties. Parranto moved, Wachter seconded the motion, to close the assessment hearing, to approve the assessment roll and to authorize the Clerk to certify the roll to the County Auditor. All voted in favor. C L,jU:1,~ i .._:11Ctti May 6, 1980 Page Six O PROJECT #269 ASSESSMENT HEARING The next hearing convened by the Mayor covered the sanitary sewer and water main to Duckwood Drive and Denmark Avenue consisting of Project #269- Improvement #79-5, Change Order No. 1. Mr. Colbert discussed the project consisting of seven affected parcels for a total projected cost of $62,270.76. There were no objections to the project. Smith moved, Parranto seconded the motion, to approve the assessment roll, close the assessment hearing, and authorize certification of the roll to the County Auditor's office. All voted yea. PROJECT #259 VIENNA WOODS ASSESSMENT HEARING The hearing regarding the assessments for Vienna Woods sanitary sewer, water main, and storm sewer in addition to King Drive consisting of Improve- ment #79-5, Project #259, was next convened. One-hundred eight parcels were affected with 97 being in Vienna Woods with a total of $5,070.34 assessed per lot. There were no objections to the assessments. Egan moved to close the hearing, approve the assessment roll as presented, and authorize the Clerk to submit the roll to the County Auditor for spreading on the tax rolls. Wachter seconded the motion, all voted in favor. PROJECT #238 BUFFER HILLS ADDITION ASSESSMENT HEARING The Mayor convened the hearing regarding Project #238 consisting of water service to Buffer Hills Addition and Mr. Colbert discussed the roll. Parranto moved, Egan seconded the motion, noting no objections, to close the assessment hearing, to approve the assessment roll, and to authorize certi- fication to the County Auditor's office. All voted yes. PROJECT #257 OAK CHASE POND AND THOMAS LAKE STORM SEWER TRUNK PROJECT Mayor Blomquist then convened an assessment hearing regarding Improvement #79-6, covering Project #257, consisting of the trunk sewer outlet for Oak Chase Pond and Thomas Lake area running to Blackhawk Lake. Mr. Colbert explained the method of assessment in detail to a large number of affected persons who were present. He indicated there were a total of 412 parcels for a total project assessment of $530,520 and a square foot assessment of $.026 per square foot. The number of years for the assessment roll is 15 years at an interest rate of 8% on the assessments. Mr. Colbert also explained the payment provisions and the chair opened the floow to questions and comments from the audience. Mr. Phil Geare, 4524 Oak Chase Lane, presented some objections verbally and also submitted a group of petitions objecting to the project. According to the objections listed in the petitions, he indicated that it was his under- standing that the project had not been paid for in full, that appraisals have not been made on each individual parcel, and suggested a general levy throughout a five year period throughout the City. Mr. George Sanborn of 1212 East Balsam Trail also expressed his objections and had questions about the project. He stated that the developer of his home had stated that all assessments, including storm sewer, were in and paid for. There were many other comments from members of the audience, some of who objected to the low level of the lakes as the result of the installation of a storm sewer and it was explained that because of the heavy rains in past years and the high degree of develop- ment in the area, that storm sewer became necessary. City Council Minutes May 6, 1980n Page Seven Mr. Colbert indicated that an informal meeting had been held on the evening of May 2. Staff members and a large number of residents were present, at which time the project was explained in detail to the affected residents. Councilmember Egan explained the options of the City in paying for the project as follows: a. The project could be placed on the general tax roll but the objection to that would be that persons who already paid their assessments for storm sewer would object and future projects would also be paid for by the property owners affected by this project at much higher rates. b. The City could appraise each lot and each parcel would be assessed, but the cost would be so prohibitive for smaller lots that this would grossly increase the assessment for each parcel and would also presumably increase the number of assessment appeals causing excessive costs for the assessments. The City Attorney stated that the notice provision regarding 20 day notice of appeal was not intended to confuse the affected property owners and that, in fact, according to M.S.A. 429.061 and 429.081, the property owners did have 30 days in which to serve a notice of appeal upon the Mayor or Clerk. An additional 10 days is provided to file the notice with the Clerk of District Court. After extended discussion, Smith moved, Egan seconded the motion, to close the hearing, to approve the assessment roll, and to authorize the City Clerk to certify the roll to the Dakota County Auditor. All voted in favor. PROJECT #240 - #232A CARLSON LAKE ASSESSMENT HEARING The next public hearing convened regarding trunk storm sewer outlet from Carlson Lake consisting of Improvement #232A-#240. Mr. Colbert stated that the total amount of the assessments would be $52,310.81 with $.026 per square foot assessed over 15 years at 8%. There were some objections voiced by property owners to the assessment roll and also questions. After discussion, Blomquist moved, Wachter seconded a motion, to close the assessment hearing. All voted in favor. Smith moved, Egan seconded the motion to approve the assessment roll as presented, and to direct certification to the County Audi- tor. All voted in favor. PROJECT #236A ASSESSMENT HEARING FOR BLACKHAWK ROAD Mayor Bea Blomquist then convened an assessment hearing regarding sanitary sewer for Blackhawk Road and Mr. Colbert stated that 14 parcels are affected for a total assessment of $47,911.83 for a front foot assessment of $10.36. No objections were voiced to the project. Smith moved, Wachter seconded the motion, to close the hearing, to approve the assessment roll, and to authorize the certification of the roll to the County Auditor. All voted yea. City Council Minutes May 6, 1980 Page Eight TWIN VIEW MANOR IMPROVEMENT #264B Mayor Blomquist then convened the public hearing regarding street improvement project #264B for Twin View Manor. Mr. Colbert reviewed the history of the project and stated that on March 18, 1980,the City Council ordered in the utilities and because of the fact that 35% of the property owners did not petition for the street improvements, the vote on approval of the street portion of the project was defeated. The Council ordered a new hearing with a feasibility report and on Wednesday, April 30, 1980, the Con- sulting Engineer and Public Works Director held an informational meeting with the residents to explain the project and costs in more detail. It was noted that a petition had been submitted to the City asking that the street and utility improvements be rescinded by the City Council. The proposed costs of the improvements were $78,000. Mr. Rosene explained the project in detail and there were a number of questions and comments from members of the audience. There were objections to the project and others who favored the project. Two petitions were submitted in March, both for and against. Mr. Villelli, who was present, recommended a delay until the Pilot Knob Road improvements are installed. There was a question whether a majority at earlier meeting favored the street project and the impression of the Councilmembers was that there was such a majority. Mr. Hedges read the list of property owners to whom the notice was sent and residents expressed approval or disapproval of the street project. It appeared that six affected residents favor and 12 opposed the street improvements. Parranto moved to order in the street project on the basis of the fact that costs would increase substantially in the future. Smith seconded the motion. Mr. Wachter stated that the Council should vote in conjunction with the majority interest on street projects unless there is a health or safety factor involved. Those in favor were Parranto and Smith. Those against were Egan, Wachter and Blomquist. The project was not ordered in. J.K.R. COMPANY IR BONDS A representative of Howard Dahlgren and Associates was present as was Nelson Nones and attorney Jerold Brill on behalf of the application of J.K.R. Company for $2,000,000 office building industrial revenue bonds. The building to be located at the northeast intersection of Pilot Knob Road and Crestridge Lane was last considered by the Council on February 19, 1980, at which time the applicants requested a continuance. A report was submitted by Mr. Nones and distributed to the Council in its packet for the May 6 meeting and con- siderable other documentation had also been submitted prior to the February 19 meeting. There had been a question regarding the feasibility of renting office space at the rate proposed by J.K.R. Company and whether the project would be feasible at the rentals and the expected occupancy. Councilmembers indicated they had reviewed the Nones study and Mayor Blomquist stated that because the public hearing had been held earlier, that only a brief discussion would be permitted. City Council Minutes May 6, 1980 013:119-714 Page Nine A representative of Howard Dahlgren's office and Mr. Nones made presen- tations and answered questions from Councilmembers. Councilmember Parranto stated that conclusions of the report were not accurate, that many of the statis- tics were not carefully compiled, and at the first Council meeting the Finance Committee had recommended against the project. Several Councilmembers indicated that the $10.50 per square foot is too high for Eagan and that several of the comparable office buildings were not included in the study, which have considerably lower per square foot rental. Members stated they had no objection to the construction of an office building on the site and that the City has been consistent regarding approval of revenue bonds. After extended discussion, Parranto moved, Egan seconded the motion, to deny the application for J.K.R. Company for industrial revenue bonds for reasons cited above including the fact that the applicant did not prove to the Council's satisfaction that the $10.50 to $11.50 rental is feasible, that because of vacancies in office buildings in the City it did not appear to be practical to retire the proposed bonded indebtedness at those rentals. An additional reason for denial was that City Councilmembers had heard from a number of neighboring property owners who were concerned about commercial development in the area. Those in favor were Parranto, Egan, Smith, and Blomquist. Against was Wachter. SEE BOND FILE JANET MACKINN KENNEL LICENSE Janet MacKinn appeared on behalf of her application for a kennel license at 1690 County Road #30. She stated that the dogs kept on the property are owned only by herself as pets and shown as a hobby. She does not offer public or commercial service such as boarding, grooming, pet supplies, etc. The Eagan Animal Warden, Kathy Gilbertson, was present and recommended approval of the application. Smith moved, Wachter seconded the motion, to approve the application on a one year basis and that staff, including the Animal Warden, review the premises on a regular basis and further subject to applicable ordinance requirements. All voted in favor. GOPHER SMELTING COMPANY BUILDING PERMIT The application of Gopher Smelting and Refining Company to construct two buildings on the Gopher Smelting Property at Highway #39 and Yankee Doodle Road was next submitted. Mr. John Trapper, Jr., the plant engineer,was present and discussed the application. He indicated that Gopher Smelting plans to plat the area but is requesting the building permit prior to the platting because the contractor for an addition to the original building is on the site at the present time. The application was for a building permit and waiver of plat with the understanding that the applicant will complete the final plat of the Gopher Smelting property prior to occupancy. It was the recommendation of the Assessment Committee that both sides of Yankee Doodle Road at Highway #49 be assessed at the industrial assessment rates on the basis of benefit for the road realignment. It was noted that the plans for the buildings were received on May 6th by had not been reviewed in detail. Smith moved, Wachter seconded the motion, to grant the application for building permit and waiver of plat for the proposed two buildings subject to final review by the staff as to building plans, compliance with all necessary City Council Minutes May 6, 1980 t G° Page Ten ordinances, the completion of an agreement by the applicant that the final plat for the Gopher Smelting property lying north of Yankee Doodle Road be completed prior to occupancy of the two buildings and further subject to consent to assessment of benefits for the realignment. of Yankee Doodle Road at Highway #49 prior to the grant of the building permits. All members voted in favor. R 80-33 LEANN'S LIQUOR LICENSE TRANSFER An application from First Enterprises owned by Robert Kenne, Timothy AveLallemont and Jerry Snyder for liquor license for LeAnn's was next considered. All three applicants were present as was Elmer Scott, the present licensee. Mr. Runkle's report for the conditional use permit granted for the restaurant on November 23, 1976, that concrete curb and gutter be installed and a performance bond of $1,000 be posted was reviewed. It was noted that the landscaping had not been completed nor had the curb and gutter been installed. Mr. Scott indicated that the parking lot had not been completed and the appli- cants stated that all landscaping to the satisfaction of the City would be completed by the applicants. Parranto moved, Smith seconded the motion, to grant the liquor license subject to ordinance requirements, subject to the condition that prior to the renewal of the liquor license for the calendar year 1981 that the landscaping be completed as originally proposed to the Cit:-'s satisfaction; further that when the parking lot expansion is completed that curb and gutter will be installed according to City specifications and further that the property will be platted according to City requirements prior to the grant of the 1981 liquor license. DUCKWOOD TRAIL FINAL PLAT Mr. Ralph Wagner appeared on behalf of the developer of Duckwood Trail final plat and requested approval of the plat. Wachter moved, Smith seconded the motion, all voted in favor to approve the final plat subject to all ordinance requirements and staff approval; further, subject to compliance with the necessary PUD and Development Agreement provisions. All voted yes. R 80-34 D 80-39 JOHNNY CAKE RIDGE THIRD AND FOURTH ADDITION FINAL PLATS Mr. Bob Carlson and Mr. Chuck Winden appeared on behalf of the applica- tion of Orrin Thompson Homes for final plat approval of Johnny Cake Ridge Third and Fourth Additions. Smith moved, Egan seconded the motion, all voted in favor, to approve the final plats subject to the standard ordinance requirements and completion of the Development Agreement. R 80-35 D 80-40 EAGANDALE INDUSTRIAL PARK 6TH ADDITION The application for final plat approval of Eagandale Industrial Park 6th Addition was next reviewed. Michele Foster appeared on behalf of the applicant. Egan moved, Wachter seconded the motion, to approve the final plat subject to ordinance requirements and all of the necessary City restrictions. All voted yes. R 80-36 D 80-41 City Council Minutes May 6, 1980 001 ,j Page Eleven ART RAHN 1ST ADDITION FINAL PLAT The application for approval of the final plat of Art Rahn 1st Addition on Blackhawk Road next came before the Council for consideration. The staff recommended approval. Wachter moved, Egan seconded the motion, to approve the final plat and authorize its execution subject to ordinance requirements. All voted aye except Parranto who abstained. R 80-37 D 80-42 DREXEL HEIGHTS ADDITION OUTLOT A Mr. Colbert reviewed a request from Mr. Henry Braun to eliminate the storm sewer assessments on Outlot A, Drexel Heights Addition, which had been conveyed to Mr. Braun by the City which contained storm sewer assessments. Other Outlots consisting of park property in the Drexel Heights Addition had been paid from City funds and Mr. Colbert recommended that the Council authorize rescission of the assessments with the understanding that Mr. and Mrs. Braun will accept the levy of the storm sewer assessments on the proposed plat of Outlot A intended to be submitted by the Brauns in the very near future and which assessments would be levied under Improvement #80-5, the Fish Lake Storm Sewer Project. Parranto moved, Wachter seconded the motion, to accept the recommendation of Mr. Colbert with the understanding the Brauns would agree to the condition of the assessment. All voted yes. JOHNNY CAKE RIDGE ADDITION Mr. Winden and Mr. Carlson appeared on behalf of Orrin Thompson Homes and requested the Council authorize 30-foot setbacks on 10 lots bordering Covington Lane in Johnny Cake Ridge Addition. It was noted that 30-foot setbacks were allowed on Covington Lane in Beacon Hills Addition because of smaller average lot sizes. Smith moved, Parranto seconded the motion, to approve the reduction of the setback to 30 feet on the basis of hardship for a three to maximum of five lots consisting of Lots 14-18, Block 2, in Johnny Cake Ridge Addition. PILOT KNOB ROAD Mr. Colbert again reviewed the plans and specifications for the upgrading of Pilot Knob Road between County Road #28 and Eagandale Industrial Boulevard and recommended approval of the plans. Wachter moved, Egan seconded the motion, to approve the resolution and authorize the City Clerk to certify the Resolution approving the plans for Project #19-6-36-106 for Pilot Knob Road in Dakota County. All voted yes. R 80-38 COUNTY ROAD #31 PARKING RESTRICTIONS Mr. Colbert stated that in order to receive municipal and county state aid funds, the City must adopt a resolution restricting parking on that portion of Pilot Knob Road due to the fact that a parking lane is not provided in the improvement project. Egan moved, Wachter seconded the motion, to approve the recommendation and authorize execution of the resolution. All voted yes. R 80-39 City Council Minutes May 6, 1980 `°..w Page Twelve n- C, CEDAR AVENUE FREEWAY NOISE BARRIER It was noted on March 11, 1980, that an informational meeting was held for affected residents adjacent to Cedar Avenue Freeway to discuss proposed noise barriers to be constructed by Mn/DOT. Questions from residents have been answered by City staff and the staff is not aware of further objections to the proposed noise barriers. Wachter moved, Egan seconded the motion, all voted yea to approve the proposed noise barriers as proposed by Mn/DOT. IMPROVEMENT PROJECT #80-12 PUMPHOUSE #6 On November 7, 1979, a public hearing was held for Project #286, Deep Well No. 6, and the project was approved at that time. The City Engineer pre- sented the plans and specifications and upon motion by Parranto, seconded Wachter, it was RESOLVED that the plans and specifications be approved and the Clerk be authorized to advertise for bids to be opened on May 29, 1980 at 3:00 p.m. at the City Hall. All members voted in favor. IMPROVEMENT #80-8 MISCELLANEOUS ADDITIONS It was noted that Projects #301, #296, and #290 for utility purposes covering the Ches Mar East 2nd and 3rd Additions, Imre Addition, Econ Lab area plans and specifications were completed. Egan moved, Parranto seconded the motion to accept the final plans and specifications and to authorize the City Clerk to advertise for bids to be opened on May 29, 1980, at 3:00 p.m. at the City Hall. All voted in favor. CHES MAR EAST 1ST ADDITION STREETS #80-13 Improvement #79-21 for street improvements in Ches Mar East 1st Addition was next discussed. Mr. Colbert stated that the Developer had objected to the amount in the change order and requested that the project be readverti.sed and rebid. Upon motion by Wachter, seconded by Egan, all voted yes, it was RESOLVED that the plans and specifications for Improvement #80-13 be approved, the Clerk be authorized to advertise for bids to be opened on May 19, 1980, at 3:00 p.m. There was also discussion concerning the need to clean up the pond area behind Ches Mar 4th Addition and it was noted that Tollefson Builders appear to be the responsible party. Blomquist moved, Egan seconded the motion, to direct the staff to contact Mr. Tollefson to clean up the pond area behind Ches Mar 4th Addition. All voted yes. I-35E POSITION STATEMENT A request for payment for the deposition taken by the Eagan special counsel during the I-35E hearing submitted by Charles Dayton in the sum of $830 was next discussed. Mr. Mac Hyde, special counsel, recommended approval of $325.93 to be paid. Smith moved, Parranto seconded the motion, to approve the recom- mendation of Mr. Hyde and authorize payment; all voted yes. City Council Minutes May 6, 1980 Page Thirteen FISH LAKE STORM SEWER EASEMENTS DUNN & CURRY City Attorney Paul Hauge reviewed a request on behalf of Dunn & Curry Real Estate Management, Inc., for payment for the storm sewer easements on the Fish Lake storm sewer interceptor on the basis of the standard payment schedule. There was discussion by the City Engineer and it was understood that Dunn & Curry would not request payment for the storm sewer ponding area on the Fish Lake interceptor storm sewer line. Parranto moved, Egan seconded the motion, to approve the request of Dunn & Curry with the understanding that this is not a precedent and further that the location of the storm sewer line will not be a future roadway under present plans; further, because Dunn & Curry has requested the improvements. Councilmember Smith stated that Dunn & Curry has requested improvements in a number of areas and this property would be eventually sold and developed by Dunn & Curry. Those in favor were Parranto and Egan. Those against were Smith, Wachter, and Blomquist. MAKIN' MAGIC COURT COSTS The City Attorney submitted a request on behalf of the attorneys for Mr. Robin Geiger, the owner of Makin' Magic, covering appeal court costs relating to the action brought by Mr. Geiger against the City. Mr. Hauge explained the City is required on the basis of statutory provisions to pay these costs. Smith moved, Egan seconded the motion, to approve the payment as requested in the sum of $600.25 because the court has ordered the City to pay. Those in favor were Smith, Egan, and Parranto. Those against were Wachter and Blomquist. DUCKWOOD ESTATES PLAT WAIVER Tom Hedges submitted a request on behalf of Kenneth A. Thomas, the owner of Lots 13 and 14, Block 2, Duckwood Estates, for plat waiver. He stated that an error had been made in the location of the lot line when the basement was installed and recommended approval of the waiver of plat covering the lot line between Lots 13 and 14. Wachter moved, Egan seconded the motion, all voted in favor to approve the application as recommended. R 80-40 CHARLOTTE AND WILLIAM BRUESTLE Mr. and Mrs. William Bruestle requested that the City consider the hookup of their property on the north side of the City Hall to the sanitary sewer lines and submitted a request to the City for a report. Smith moved, Egan seconded the motion, all voted yes, to authorize the City Engineer to prepare a feasibility report. All voted yes. PARK AND RECREATION DIRECTOR City Administrator Hedges again reviewed with the Council the three persons considered by the Councilmembers for the position of Park and Recreation Director. After considerable discussion, Smith moved, Egan seconded the motion, to hire Ken Vraa at a salary of $23,500. Those in favor were Smith, Egan, and Parranto. Against were Wachter and Blomquist. City Council Minutes May 6, 1980 Page Fourteen RUSTIC HILLS ADDITION Mr. Colbert stated that he has made requests of the Developer and Owner of the Rustic Hills Addition to correct the drainage problem in Rustic Hills adjacent to Highway #13 and that the Developers had done nothing to correct the drainage issue. He also checked with local landscapers requesting bids on improvements and none had been submitted. He therefore ordered the staff to accomplish the work on an overtime basis and recommended that Park Supervisor Jim McGuffee be paid overtime for such work. Wachter moved, Smith seconded the motion, all voted in favor, to approve the request. VOUCHERS Wachter moved, Egan seconded the motion, all voted in favor, to approve the following vouchers: 988-997, 10130-10207, and 15239-15384. ADJOURNMENT Upon motion duly made and seconded the meeting adjourned at 12:35 a.m. PHH DATED: May 6, 1980 Cit Clerk