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06/17/1980 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JUNE 17, 1980 A regular meeting of the Eagan City Council was held on Tuesday, June 17, 1980, at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Wachter, Smith, Egan and Parranto. Also present were City Administrator Hedges, Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. MINUTES - JUNE 3, 1980 After the Pledge of Allegiance, Egan moved, Smith seconded the motion to approve the minutes of the June 3, 1980 meeting with the exception that provisions regarding IDR bond procedure revisions be included in the minutes. All voted yes. MINUTES - APRIL 1, 1980 It was noted that two items had been left out of the April 1, 1980 minutes including the Volunteer Recognition Week for April 20-26, 1980, and also extension of approval of the Delaware Hills preliminary plat for an additional six months. Smith moved, Egan seconded the motion, to amend the minutes to include those two additions. All voted yes. POLICE DEPARTMENT 1. Breathalyzer Unit. Martin DesLauriers was present. Mr. DesLauriers recommended that the Council approve the purchase of a portable breath testing unit to test for DUI on the scene while in the squad car. Wachter moved, Egan seconded the motion, all voted in favor to approve the purchase according to Resolution #80-48 which allows for purchase with funds from the Bureau of Criminal Apprehension. R 80-48 2. George Kasat award. Mr. DesLauriers stated that George Kasat has received both state and regional level canine trail awards with his police dog, Joe, and has been invited to the national trials in Covington, Kentucky. Noting the signifi- cance of the achievement by Mr. Kasat, Wachter moved, Egan seconded the motion, to authorize the trip by Mr. Kasat to Covington, Kentucky, at City expense. All voted yes. PARK DEPARTMENT Mr. Ken Vraa, the new Park Director, was introduced to the Council and to the audience and briefly discussed LAWCON funding. He proposed that a resolution be adopted asking that Congress support legislation to release 1980 LAWCON funds in addition to restoring 1981 LAWCON funding. It was noted that the 1980 LAWCON funds have now been released and recommended approval of the resolution restoring the 1981 LAWCON funding. Smith moved, Egan seconded the motion, to approve Resolution f 80-49 All members voted yes. R 80-49 Council Minutes June 17, 1980 Page Two PUBLIC WORKS DEPARTMENT 1. Maintenance Equipment. Public Works Director Colbert was present and recommended the Council authorize the ad for bids for four pieces of equipment with a bid opening for July 10, 1980, at 9 a.m. at City Hall including the following: (1) tractor loader with backhoe; (2) road grader; (3) single axle dump truck; (4) trailer mounted sewer jetter. Upon motion by Wachter, seconded Smith, it was RESOLVED to accept the recommendation and authorize the advertisement for bids. All voted in favor. 2. Maintenance Costs for Four Oaks Road. Mr. Colbert stated that serious erosion problems have occured during recent rains and recommended that the Council implement a policy to bill developers during the development process where the City incurs extra cost for controlling erosion and siltation. He noted that serious erosion problems occured on Four Oaks Road from the Rosewood Corporation Coachman Oaks Apartment complex in an amount equivalent to $1,339.29 and recommended the City bill Rosewood for the expense. Smith moved, Egan seconded the motion, to accept the recommendation and authorize the billing to Rosewood Corporation. All voted in favor. Egan moved, Wachter seconded the motion, that the staff prepare policies regarding erosion control and enforcement and submit them to the Council for approval. All voted yea. CONSENT AGENDA The following items were included on the Consent Agenda and recommendations were made as follows: 1. Improvement 4180-12, Deep Well Pump House. The bid opening was held on June 12 at 3 p.m. at City Hall and the low bid was from Lee Richert Plumbing & Heating Company in the amount of $124,900. The Public Works Director recommended approval of the low bid. 2. Improvement 4180-5, Fish Lake and Heine Lake Storm Sewer Outlet. The bid opening was held on Thursday, June 12, at 3 p.m. at the City Hall with the low bidder being Parrott Construction Company in the amount of $176,199.90. The Public Works Director recommended approval of the award of the low bid. 3. Improvement #80-14, Rahn Addition Utilities. Mr. Colbert recommended approval of the low bids received from C. Wayne Fredrickson, Inc., in the amount of $67,545 which bid was received and opened on June 12, 1980, at 3 p.m. at City Hall. 4. Eagan Men's Recreational Softball League Temporary Beer Permit. An application from Arnold Doering on behalf of the Eagan Men's Recreational Softball League for 3.2 beer license for a tournament at Univac fields on June 28 and 29 was submitted. The staff recommended approval. Council Minutes Off: 2 Juhe 17, 1980 Page Three 5. Budweiser Southside Distributing Temporary Beer Permit. An application for a temporary beer permit for Budweiser Southside Distributing through Mr. Eric Kruse to be held at Northview Athletic Field on June 21 and 22 was received. The staff recommended approval. 6. St. Francis Wood Development Bond. The City Engineer recommended a re- duction in the Development Contract bond amount for Project X6337 consisting of St. Francis Wood Addition from $51,860 to $5,625. 7. Bruestle Sanitary Sewer, Project #313. The City Engineer submitted a feasibility report for Project #313 consisting of sanitary sewer near the Bruestle property on Pilot Knob Road and recommended that the report be accepted and a public hearing be scheduled for July 15, 1980, at 7 p.m. at City Hall. 8. Walden Heights Utilities and Streets, Project #309. The feasibility report was submitted by the City Engineer covering Project #309 consisting of utility and street improvements in Walden Heights Addition and it was recommended that the report be accepted and a public hearing be scheduled for August 5, 1980, at 7 p.m. at City Hall. 9. Ridge Cliffe Addition Utilities, Project #314. The petition for Ridge Cliffe Addition utility improvements consisting of Project 16314 was received by the Council on behalf of Orrin Thompson - U.S. Homes Corporation requesting the City prepare a feasibility report for utility improvements in Ridge Cli-f-fe Addition. It was recommended that the Council accept the petition and order the preparation of the feasibility report and the plans and specifications for Project #314. Upon motion by Wachter, seconded Egan, it was RESOLVED that recommendations on all foregoing Consent Items be accepted and adopted by the City Council. All voted in favor except Parranto who abstained regarding the award of the low bid for Improvement #80-14, Rahn Addition utilities because of his involvement in that project. JOHNNY CAKE RIDGE ROAD, PROJECT #298 HEARING The Mayor convened a public hearing regarding Improvement Project #298 covering Johnny Cake Ridge Road street improvements south of Wildwood Lane. A petition had been received from Tom Willmus of Willmus Companies requesting construction and completion of Johnny Cake Ridge Road. Mr. Colbert and Mr. Rosene reviewed the pro- ject including the feasibility report and it was noted there were no objections to the project. After discussion, Smith moved, Parranto seconded the motion to close the hearing, and that the Council continue the determination as to whether to order in the project until the staff reports to the Council as to priority rankings for improvement road projects in the City noting that there is no specific development planned along Johnny Cake Ridge Road. All voted yes. Council Minutes OG.` June 17, 1980 Page Four WESCOTT ROAD PROJECT #305 PUBLIC HEARING The next hearing convened by Mayor Blomquist concerned Project #305 regarding Wescott Road improvements between Denmark Avenue and Lexington Avenue. The Public Works Director and City Engineer discussed the project including the feasibility report and noted the improvements would be installed under Municipal State Aid Funding. Patrick McCarthy, a property owner along the right-of-way appeared and had objections to the proposed alignment but did favor the alignment along the section line. There was discussion concerning the cost differential along the two alternate alignments and Mr. McCarthy stated there were certain historical monuments in the area that should be preserved. Smith moved, Parranto seconded the motion, to close the hearing, to order in the project, and refer the alignment issue to the Public Works Department for recommendation to the City Council as to specific alignment for the roadway and further to authorize the preparation of plans and specifications on the basis of the final alignment decided by the Council. All voted yes. DUCKWOOD TRAIL UTILITIES PROJECT #308 The public hearing concerning the utilities and street improvements for Duck- wood Trail, consisting of Improvement Project #308 was next convened by the Mayor. The feasibility report was reviewed and there were no objections to the project. Egan moved to close the hearing, Wachter seconded the motion to order in the project, and to authorize the City Engineer to prepare the plans and specifications. All voted yes. SAFARI AT EAGAN PRELIMINARY PLAT The Mayor then introduced the application on behalf of Fortune Realty to pre- liminary plat approval and detailed site approval of Safari At Eagan shopping center. City Administrator Hedges and City Attorney Hauge explained the background and reviewed with the Council and a number of concerned surrounding property owners present findings of the staff to date. In addition, they reviewed the objections brought by the surrounding property owners. It was noted that a meeting had been held on June 9 at the request of the City Administrator with representatives of the applicant and also of the surrounding property owners. Mr. Byron Watchske was present as was Fortune Realty's attorney, William Ahlberg, and two planners requesting ap- proval of the two applications. Attorney Clint McLagan appeared with objection on behalf of objecting area property owners. It appeared that there had been a series of agreements during the course of the years regarding Blackhawk Park PITD; that documents, including the PUD Agreement and exhibits attached to the agreement, generally indicated that commercial zoning was intended in the subject site; and that only the legal description attached to the agreement excluded the commercial parcel. Don Juneman, representing Woodgate III Homeowners Association, appeared and indicated that an unofficial poll of members of the association favored the shopping center. Mr. Wynn Scott appeared on behalf of Woodgate I and II Homeowners Association and objected to the application. A letter from William Ahlberg, attorney for Fortune Realty, dated June 13, 1980, was also reviewed by the Council. Councilmember Parranto indicated that City officials and staff had acted for a number of years on the basis that the property was intended to be used for commer- cial purposes and the property owners surrounding the commercial center had been told by staff and Councilmembers that the property was intended for that use including during the period of time that the Thomas Lake Road easements were acquired. Council Minutes June 17, 1980 Page Five Councilmember Egan questioned whether the surrounding property owners had standing to object to the zoning at the present time. Councilmember Smith also indicated that there appeared to be extensive documentary evidence indicating that the property was intended for commercial use including all of the history showing the intent for that purpose. The issue has now been raised before the Council at three different regular meetings and the Council had heard arguments from both sides in detail. Mayor Blomquist indicated that a mistake had been made by the owners and there is not adequate reason shown by the owners and developers that the property was not intended to be excluded from the Blackhawk Park Planned Development and PUD Agreement. Councilmember Egan gave the same statement and indicated that the affidavit by Mr. Ed Dunn did not negate the exclusion of the commercial center in the PUD Agreement. The APC had recommended approval of the plat and site plan subject to certain condi- tions. Smith moved, Parranto seconded the motion, to authorize the City Council to enter into an amendment to the PUD Agreement to revise the description recognizing the history and also the agreement, the documents submitted, and the applications submitted provided that commercial uses were intended for that location. Those in favor were Smith and Parranto, those against were Blomquist, Wachter, and Egan. Smith then moved, Parranto seconded the motion, to deny the application for pre- liminary plat approval and for site plan approval for the reasons cited above includ- ing the objections made to the application and the fact that the property had not been properly zoned for commercial purposes, including the fact that the developer had specifically excluded the subject commercial property from the PUD legal description, but that the applicant, including the owner and developer, could submit a request to the City Council to clarify the zoning due to the complexity of the legal and factual issues involved. All members voted in favor. CENTRAL FENCE AND SUPPLY COMPANY REZONING AND CONDITIONAL USE The application for rezoning from Agricultural to I-1, Limited Industrial, and conditional use permit to allow outside storage submitted by Central Fence and Supply Company was next considered. Mr. James Sander, attorney, appeared on behalf of the applicant as did Mr. Loenard Hersten. There were no objections to the application. There was concern by certain Councilmembers concerning the land use designation by the City of Eagan reflecting an R-2 use for the subject property. Also, there was concern about the zoning on the Inver Grove Heights side to the south of property currently owned by Central Fence and it was noted that it is currently zoned industrial or will be zoned industrial. Mr. Sander indicated it is a wholesale and not a retail business and that there would be no storage above the height of the fence. The basic change was to provide for five year conversion of use for the residential property consisting of Lot 2 rather than conversion for office or busi- ness purposes at the present time. Egan moved, Wachter seconded the motion, to approve the applications for conditional use permit and for rezoning providing for five year phasing for the change in use and further subject to the following recom- mendations of the Advisory Planning Commission: 1. A more detailed site plan in the area of the existing home/proposed office shall be submitted and approved by the City prior to final approval of the conditional use permit. 0 G, Council Minutes June 17, 1980 Page Six 2. Accesses to the property from County Road #63 (Dodd Road) shall be approved by Dakota County. 3. The conditional use permit shall be approved for a period of seven (7) years provided the developer complies with the conditions under which the conditional use permit is granted and all other pertinent ordinances of the City. 4. The applicant shall be required to dust control the outside storage area at all times. 5. The perimeter fence shall be set back a minimum of 20 feet from the right- of-way line along Dodd Road and the setback area shall be bermed and landscaped as approved by the City. The driveways and parking area related to the proposed office shall be surfaced prior to the development and use of the outside storage area. 6. Materials and equipment storaged in the outside storage area shall relate directly to the Central Fence and Supply Company's operation and no other outside storage shall be permitted unless approved by the City Council of Eagan. 7. At such time as any application for building permit is requested of the City, the property shall be platted. 8. With the rezoning of this property and the approval of a conditional use permit, the City does not intend to promote the dual use of property wherein the existing house would be continued to be used as a residence for a long period of time. The applicant shall submit a proposed schedule for converting the residence into an office which shall be approved and become a part of this conditional use permit. 9. Lateral benefit from trunk water main and sanitary sewer shall be assessed against this property in accordance with existing assessment policy pertaining to Limited Industrial zoning. 10. A detailed site plan shall be submitted and approved, indicating the limits of the open storage, parking area, entrance drive, and landscaping ground cover. This plan must also indicate grading elevations and drainage patterns. 11. The existing residential property (proposed office complex) shall be connected to existing sanitary sewer system rather than to the on-site disposal system at the time of conversion to office use. 12. Adequate right-of-way on Dodd Road and Wescott Road shall be dedicated to the City as required by the staff. 13. A landscape bond shall be submitted of $2,000 to be retained for one year together with landscape plan to be approved by the staff pursuant to City ordinance. Council Minutes June 17, 1980 Page Seven It was further noted that the basis for the motion to rezone to Industrial is that it is understood that the property adjacent to the property and to the south in Inver Grove Heights is zoned Industrial. All members voted yes except for Wachter who voted no and indicated that it was premature to change the zoning at the present time. R 80-50 KURT ULRICH PLANNING INTERN Mr. Hedges introduced Kurt Ulrich to the City Council. Kurt is the new staff Planning Intern for the City. MAHMOOD AGHASSI OFF-SALE LIQUOR LICENSE The application of Mahmood Aghassi for off-sale liquor license permit to be located in the Silver Bell Shopping Center was next considered. It was noted that the application had been submitted to the City Council on November 7, 1979, at which time the application was denied for reasons stated therein. Mr. Roger Sax, attorney, appeared on behalf of Mr. Aghassi and Mr. Aghassi was present. Mr. Sax introduced the application by indicating that if the Council turned the application down that an action would be brought to force the Council to approve the permit. The report of the Police Chief was cited concerning the application. Councilmember Egan indicated that another applicant for an off-sale liquor license has attempted to cooperate with the City rather than work against the City as to suitable location of an off-sale liquor license permit. He further stated that the application for the Montessori School for the Silver Bell Shopping Center no longer applied. After extended discussion concerning the merits for and against the application, Council- member Smith moved and Wachter seconded the motion to deny the application for reasons including those cited above and the following: 1. It did not appear to be justified in terms of need. 2. The location was unsuitable because of its proximity (2 blocks) of an existing off-sale liquor license establishment. 3. The policy of 1973 did appear to be valid in light of present conditions. 4. The planning and development of the entire community including the compre- hensive plan now in process appeared to preclude change in the policy and offer basis for denial. 5. The Council may use its discretion in granting or denying liquor licenses in light of the reasons given. 6. The Council has been consistent in the grant of off-sale liquor licenses throughout the community. 7. The social argument of the grant of liquor licenses dictates the setting of policies concerning grant of liquor licenses. 8. There could be an adverse impact upon other licensees in the City, particu- larly in close proximity to the proposed location. 9. The policy is also based upon the location of off-sale liquor license in neighboring communities, certain of which are in close proximity to the proposed location. Council Minutes June 17, 1980 P~^1 Page Eight All memers voted in favor. MAROTZKE ADDITION Mr. Earl Marotzke appeared on behalf of his application for preliminary plat approval for Marotzke Addition on Gun Club Trail. He indicated that he had not as yet been able to acquire all necessary easements on Gun Club Trail and that the staff is helping to acquire the easements at the present time. Wachter moved, Smith seconded the motion, to approve the application including the variance required for lot size subject to the acquisition of easements as directed by the City staff and subject to the APC recommendations which are as follow: 1. An agreement be signed by the owner that when utilities are available to this site he or his successors would not object to his fair share of the assess- ments. 2. That roads be brought up to a standard that the City could accept Gun Club Road as a public street. 3. That the house locations should follow the proposed sketch plan in order to carry out plans for the future subdivision of the property. 4. That the proposed plat should be subject to the park dedication require- ment. 5. That all grading, drainage and utility easements should be approved by the City Engineer. 6. That a 10-foot drainage and utility easement be dedicated along all rights- of-way and centered over all common property lines. 7. That the plat not be approved until sufficient right-of-way have been ob- tained providing for a full 60 foot right-of-way access from Trunk Highway #3 to the West edge of this plat. All members voted in favor. D 80-54 DODD ROAD MICHAEL DINEEN PROPERTY Mr. Donald Giblin, attorney, and Mr. Dineen appeared at the request of the City Council to discuss the proposed easement for road purposes on Dodd Road in addition to other easements over the Dineen property on the east side of Dodd Road. City Attorney Paul Hauge explained the various alternates for the acquisition of a small 1.4 acre severed parcel from Lexington South, Inc., including the outright actual purchase of the property or payment for severance damages. Mr. Colbert recommended that a full frontage assessment be levied against the Dineen property in the event that acquisition of the 1.4 acre parcel because of benefit received. Old Dodd Road will be vacated by the City and there was some discussion concerning credits for f"N in 'R fn Council Minutes June 17, 1980 Page Nine the 2.4 acre ponding easement required by the City and temporary and permanent sanitary sewer easement offered to be dedicated by Mr. Dineen in return to acquisi- tion of the 1.4 acre parcel. There was discussion regarding other lateral assess- ments. Councilmember Smith moved, Parranto seconded the motion, to authorize the purchase of the 1.4 acre parcel from Lexington South, Inc., for $6,000, that the property abutting that being purchased by Michael Dineen be conveyed to him by limited Warranty Deed,and to reduce all lateral assessments, including street and water laterals, along Dodd Road by 1/3 and assess the Dineen property for 2/3 of the full frontage; further, that the owner convey an easement for sanitary sewer purposes including temporary and permanent, as requested by the City, running easterly from Dodd Road, and further, subject to dedication of..a ponding easement over the pond on the Dineen property, further subject to the staff recommendations. All voted in favor. FAITH FAMILY FELLOWSHIP CHURCH An application for a special permit for the Faith Family Fellowship Church to hold church services and to establish a Christian Day school at 3815 Cedar Avenue South was next considered. Pastor Grady Miller of the Church appeared and indi- cated that the permit was intended to include the Globemaster industrial building near the west side of Nicols Road. He further stated that the school would be open in September of 1980 covering grades 1 through 6 and the following year to include grades through 12. It is expected that the church would remain on the property for about four years and an option has been acquired for the first right to purchase. There were concerns about the industrial uses in the area and Pastor Miller said that he understood those concerns. Smith moved, Wachter seconded the motion, to continue the application until the July 1, 1980, meeting to allow further study and review by the staff. All voted yes. ORRIN THOMPSON ADVERTISING SIGN PERMIT An application of Orrin Thompson Homes for advertising sign permit at the southeast corner of Cliff and Nicols Road was presented. It would contain 100 square feet of signage and will be 20 feet in height and would appear to be within ordinance provisions. A representative of Orrin Thompson Homes was present. Parranto moved, Egan seconded the motion, to approve the application subject to the provision for a 20 foot setback from the subject.parcel property line and a maximum two year limitation to be permanently renewed after the first year. All voted yes. IVAN OSE SETBACK VARIANCE An application by Ivan Ose for a 10 foot front setback variance on Lot 3, Block 4, Drexel Heights was brought before the Council. Mr. Ose was present and there were no objections. The APC recommended approval subject to conditions. Smith moved, Parranto seconded the motion, to approve the application subject to the following: Council Minutes June 17, 1980 Page Ten 1. The proposed house shall not cover more than 20% of the lot. 2. That all other ordinances and setback requirements be met and complied with. All voted yea. Further, that the motion allow for a comparable variance for Lots 1 and 2, Block 4, Drexel Heights Addition for the same hardship reason. FIRST MINNEHAHA NATIONAL BANK SIGN PERMIT The application of First Minnehaha National Bank for conditional use permit for pylon sign located on Lot 2, Block 1, First Minnehaha Addition, was next presented. Mr. Russel Kruse was present for the applicant. The APC recommended approval subject to certain conditions. Parranto moved, Egan seconded the motion to approve the application noting that there will be no other pylon signs on the lot owned by the bank and subject to all applicable ordinances. All voted yes. BLACKHAWK WOODS PRELIMINARY PLAT The application of Wallace Hafstad for preliminary plat approval of Blackhawk Woods Addition on Blackhawk Road was presented to the Council. The 1.7 acre parcel includes three single family lots and the APC recommended approval with conditions. Del Schwanz, surveyor, appeared for the applicant and there were no objections. Wachter moved, Smith seconded the motion, to approve the application for preliminary plat subject to the conditions as follows: 1. That the owner remove only a minimum number of trees during the develop- ment of the three lots. 2. All easements and dedications shall be provided as required by the Eagan City staff. 3. All setback requirements shall be met. 4. Drainage, utility and erosion control plans shall be approved by the City Engineer. 5. A park dedication of $300 per lot shall be required. 6. Compliance with all other applicable ordinances. All voted in favor. D 80-55 BRAUN SUNRISE ADDITION Mr. and Mrs. Henry Braun and Del Schwanz, surveyor, appeared on behalf of the application of Mr. and Mrs. Braun for rezoning from Agricultural to R-1, Residential Single and preliminary plat approval for Braun's Sunrise Addition. It was noted that the name had been changed from "Acres" to "Addition" and the APC recommended approval with certain conditions. Parranto moved, Wachter seconded the motion, to approve the preliminary plat subject to the following conditions: Council Minutes O June 17, 1980 Page Eleven 1. All easements shall be dedicated as required by the Fagan City staff. 2. Grading, drainage, and erosion control plans shall be submitted and approved by the Eagan City staff. 3. Park contribution shall be required on each of the newly created lots at the current park dedication rate. 4. A 30-foot street and utility easement shall be dedicated along the north 30 feet of Lot 1, adjacent to Lot 2. 5. A more detailed grading plan shall be submitted and approved prior to final plat approval, pertaining to Lots 3 and 4. 6. A 75-foot half right-of-way shall be dedicated adjacent to Pilot Knob Road. 7. The developer shall agree to pay his fair share for individual sanitary sewer, watermain, storm sewer and street assessments for benefits received from those utilities constructed for Drexel Heights. 8. Subject to review and approval by County Plat Committee. 9. Subject to all applicable ordinances. All voted yea. Parranto moved, Egan seconded the motion to approve the application for rezoning to Single Family District. All voted yea. R 80-51 D 80-56 STORM SEWER ASSESSMENT APPEAL, PROJECT #257 After introduction by the City Administrator, the City Attorney reviewed the storm sewer assessment appeal brought by approximately 100 property owners regard- ing Project #257, the storm sewer improvement from Thomas Lake to Blackhawk Lake. The City received certain appeals on June.4,1980, from the assessment levied on May 6, 1980 and it was noted that a meeting had been held by certain staff members, Councilmembers, and representatives of the appealing property owners on June 16. Some alternates regarding the appeal including pursuing the appeal, abandoning the entire assessment roll and reviewing each assessment individually or abandoning the portion of the roll covering the parcels from which assessments had been appealed, or settlement of the appeals were discussed. The attorneys for the property owners had recommended that the settlement terms be based upon the American Arbitration Association Rules providing for three paid arbitrators to determine the revision and change in market value due to the storm sewer improvements. After considerable discussion amongst Councilmembers, including the memorandum submitted by the City Attorney regarding the proposed settlement, Parranto moved, Wachter seconded the motion, to instruct the staff to forward a letter to each property owner whose assessment has been appealed indicating that the City Council is on record indi- cating that it will not assess the same property included in the assessment roll for storm sewer trunk improvements at any time in the future. It was noted that certain property owners who represented the property owners were concerned about the future possibility of such assessments. All voted in favor of the motion. Council Minutes June 17, 1980 Page Twelve RICHARD VICTOR BARTON CONSTRUCTION COMPANY Mr. Richard Victor appeared requesting the City Council revise the time limit allowed for the Barton Contracting Company asphalt mixing plant on new Cedar Avenue from 6 a.m. to 7 a.m. starting time each morning. Mr. Victor cited noise problems as his reason for change including a son with a serious allergy requiring additional rest. Conditions of the approval of the permit by the Council in the minutes of August 7, 1979, were reviewed. Wachter moved, Smith seconded the motion to change the time for permitted operation of the plant from 7 a.m. to 7 p.m. on the days provided by the Council at its August 7, 1979, meeting including the asphalt and crushing operation. All voted yes. TRAILER PERMITS The Council again reviewed the applications for trailer permits and after considerable discussion, Egan moved, Parranto seconded the motion, to approve all trailer permits except the following noting that those applications do not appear to conform with the Trailer Ordinance: 1. Weierke Trenching, 660 Cliff Road 2. Joyce Meissner, 3240 Dodd Road 3. Robert Pryor, 1275 Carriage Hills Drive 4. George Becker, 3890 Lexington 5. Elmer Scott, 4185 South Robert Trail All voted yes. ORDINANCE NO. 58 HOUSE NUMBERING ORDINANCE The City Administrator and City Attorney submitted a draft of an amendment to Ordinance No. 58 consisting of the House Numbering Ordinance providing for a revi- sion to house numbering, particularly, townhouse and condominium projects on pri- vate streets and recommended approval. Smith moved,.Egan seconded the motion, all voted in favor to approve the amendment to the ordinance authorizing the amendment to the ordinance and publication. ORDINANCE NO. 52 ZONING ORDINANCE AMENDMENT AND AMUSEMENT DEVICE ORDINANCE An amendment to Ordinance No. 52 allowing amusement devices within certain zoned classifications and a proposed amusement device ordinance were briefly con- sidered by the Council. Blomquist moved, Wachter seconded the motion, to schedule the consideration of the two ordinances for a special meeting to be set by the City Council. All members voted in favor. Council Minutes QC.52 June 17, 1980 Page Thirteen MALLARD PARK 2ND AND 3RD ADDITIONS FINAL PLATS The application for final plat approval of Mallard Park 2nd and 3rd Additions was submitted and had been reviewed by the City staff. It was noted that Develop- ment Agreements are being updated to indicate increases in costs for improvements. Egan moved, Wachter seconded the motion to continue the application for two weeks for additional study and report by the staff. All voted yes. WEDGEWOOD AND CANTERBURY ADDITIONS FINAL PLATS At the request of the applicants, Smith moved, Wachter seconded the motion, to continue the applications until the next regular meeting. All voted yes. IMPROVEMENT #80-15, DEERWOOD DRIVE AND SILVER BELL ROAD Plans and specifications for Improvement #80-15 consisting of Deerwood Drive and Silver Bell Road improvements were next submitted. The City Engineer recom- mended approval. Parranto moved, Wachter seconded the motion to approve the plans and specifications and to authorize the clerk to advertise for bids to be opened at 3 p.m. on July 10, 1980, at the City Hall. All voted yea. IMPROVEMENT #80-18, SEAL COAT The plans and specifications for Improvement #80-18 consisting of seal coating certain streets in the City were submitted and recommended for approval. Parranto moved, Egan seconded the motion, all voted yea, to approve the plans and specifi- cations and authorize the clerk to advertise for bids in the legal newspaper to be opened on July 10, 1980, at 3 p.m. IMPROVEMENT #80-16, GALAXIE AVENUE The plans and specifications for Galaxie Avenue street improvements, consisting of Improvement #80-16 were submitted and recommended for approval by the City Engineer and Public Works Director. Wachter moved, Parranto seconded the motion, to approve the plans and specifications with the understanding that a time frame has been set by Mn/DOT for the freeway improvement in the area so that the Galaxie road improvements will coincide with such time frame and that the clerk advertise for bids to be opened on July 10, 1980, at 3 p.m. at the City Hall. All voted in favor. HERBERT ADELMANN EASEMENT Paul Hauge discussed with the Council a request on behalf of Herbert Adelmann for compensation for 17 foot storm sewer easement together with loss of certain trees covering Project #198A storm sewer improvements on Nicols Road. It was noted that negotiations have continued over several years and that a demand was being made by the owner for $10,000 compensation. After discussion, Parranto moved, Wachter seconded the motion, to offer $2,500 to the Adelmanns for the easement and for the tree damage and removal noting the single family use in R-4 zoning. All voted yes. Council Minutes (J) 3 June 17,1980 Page Fourteen METRAM PROPERTIES VACATION HEARING A petition had been submitted by Metram Properties for vacation of a storm sewer easement on property owned by Metram Properties on Silver Bell Road. It was noted that a revised easement will be acquired from the developer through the plat- ting of Eagan Metro Second Addition. Upon motion by Egan, seconded by Wachter, it was RESOLVED that the petition be accepted and that a public hearing be scheduled on the vacation for July 1, 1980, at 7 p.m. at the City Hall. ELLIOTT AUTO COMMON WALL AGREEMENT An agreement between Elliott Auto Supply Company and the City of Eagan con- cerning Elliott Auto Supply Company common walls on adjacent buildings on Lots 8, 9, and 11, Block 4, Eagandale Center Industrial Park, was submitted by the City Attorney and recommended for approval. Wachter moved, Egan seconded the motion to approve the agreement subject to staff approval. All voted yes. A 80-13 CONTRACT APPROVALS Two contracts were approved for execution by City officials as follows: 1. Improvement #80-13, Ches Mar East 1st Addition and Lexington Avenue street surfacing Project #310 with Bituminous Roadways, Inc., and; 2. Improvement #80-17, McNamara Vivant Construction Company, for Quarry Lane improvements. Egan moved, Wachter seconded the motion to approve the contracts and authorize their execution. All voted yea. CITY OF EAGAN VS. HERMANN The City Attorney submitted a Conciliation Court Complaint to the City Council concerning some damage to hockey boards at Carnelian Park. It was recommended that the claim be brought into Conciliation Court'because of failure to arrive at a settlement. Wachter moved, Egan seconded the motion, to approve the Conciliation Court Complaint against Richard Hermann. All voted yes. MINIAUDIT CITY BUILDINGS The Council approved a miniaudit review for the City Hall which is an on- site building inspection. Mr. Hedges indicated that a maxiaudit could be conducted by a professional engineer-registered architect, both of which are funded with 100% state and federal money. He recommended the firm of Holstead Rust to perform the miniaudit for the City. Smith moved, Parranto seconded the motion, to accept the recommendation; all voted yes. Wachter then-moved, Egan seconded the motion, to authorize an application for a maxiaudit according to the recommendation of the City Administrator. All voted yes. Council Minutes 017;4 June 17, 1980 Page Fifteen JAYNE RECHTIZIGEL RESIGNATION Jayne Rechtizigel, the secretary for the Public Works Director, Building Inspector and City Planner has resigned effective July 10, 1980, and it was recommended that the Council authorize advertising to fill the position. Parranto moved, Wachter seconded the motion, all voted yes, to approve the recommendation. METROPOLITAN AIRPORTS COMMISSION RESOLUTION The Metropolitan Council and Metrdpolitan Airport Commission has established a committee to study all impacts regarding airports in the Metropolitan area including airport noise and land use issues. Noting it would be at least two years before any policies or regulations would be adopted by the legislature to control aircraft noise and land use compatibility, it was recommended that a resolution, a copy of which is filed as Resolution # 80-52 , be approved, adopted and forwarded to M.A.C. prior to establishing any procedures to control land use within Mendota Heights and the City of Eagan. It was noted that both cities will submit comparable resolutions. Wachter moved, Smith seconded the motion, to approve the resolution as revised. All voted in favor. R 80-52 WALDEN HEIGHTS PRELIMINARY PLAT The developer of proposed Walden Heights Addition had contacted the City Planner asking that the Council approve a revision of the proposed plat covering Lot 3, Block 1, in order to accomodate Northwestern Bell equipment and storage building along Cliff Road. It would include a variance from the 50-foot setback requirement and an access permit to be granted from the County to the building. The staff recommended approval and it was only an informal request from the Council. There was no strong objection from the Council and it was suggested that the applicant proceed according to normal ordinance procedures. FOURTH OF JULY ASSOCIATION NON-INTOXICATING LIQUOR LICENSE Mr. Steven Casey, representing the Eagan Fourth of July Association, requested a 3.2 beer permit covering July 4 through 6 for the Association. Egan moved, Parranto seconded the motion, to approve the application. All voted yes. ORDINANCE NO. 72 ABSENTEE BALLOT PRECINCT City Clerk Alyce Bolke submitted a proposed ordinance to establish an absen- tee ballot precinct for the purpose of receiving and tabulating all absentee ballots for the elections held in the City of Eagan. Smith moved, Parranto seconded the motion, all voted in favor to approve the ordinance and to authorize its publication. Council Minutes June 17, 1980 Page Sixteen DEPUTY TREASURER Tom Hedges recommended that Gene VanOverbeke be appointed Deputy Treasurer in the absence of the treasurer. Blomquist moved, Smith seconded the motion, to appoint Finance Director Gene VanOverbeke as Deputy Treasurer effective immediately for the City of Eagan. OAK CHASE CIRCLE It was noted that the Eagan Tree Inspector had notified owners of certain lots on Oak Chase Circle to remove dead trees and trees have not been removed from one lot according to the normal ordinance procedure. Wachter moved, Egan seconded the motion, to accept the recommendation of the staff that the ordinance provi- sions be followed and notice be given to the property owners to remove the trees. All voted yes. EAGAN MECHANICAL INSPECTOR Mr. Hedges recommended that Bob Weicken, the part time Eagan Mechanical Inspector, be granted additional hours for inspection purposes in light of the heavy work load on the inspectors at the present time. Wachter moved, Smith seconded the motion, to authorize the additional hours according to the recommen- dation of the City Administrator. All voted yea. WELL SITE #5 DRAINAGE FEASIBILITY REPORT PROJECT #315 Mr. Colbert reported on serious water erosion problems near Well Site #5 in the neighborhood of Thomas Lake and recommended the Council authorize a feasi- bility report for storm drainage for the area. Wachter moved, Eagan seconded the motion, to approve the preparation of such a feasibility report under Improvement Project #315. All voted yea. I-494 AND I-35E DRAINAGE REPORT The feasibility report prepared by the City Engineer covering the proposed drainage in the area at the intersection of 1-494 and I-35E was distributed to the Council. No date was set for a formal hearing. VOUCHERS Wachter moved, Blomquist seconded the motion, to approve the following vouchers: 15624-15790, 10375-10456, 1029-1060. ADJOURNMENT Blomquist moved, Egan seconded the motion, to adjourn the meeting at 12:15 a.m. PHH Dated: June 17, 1980 Ci y Clerk