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09/16/1980 - City Council Regular 00221 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 16, 1980 A regular meeting of the Eagan City Council was held on Tuesday, September 16, 1980, at 6:30 p.m. at the Eagan City Hall. Those members present were Mayor Blomquist, and Councilmembers Tom Egan, Mark Parranto, Jim Smith and Ted Wachter. Also present were City Administrator Hedges, Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. AGENDA Parranto moved, Wachter seconded the motion to approve the agenda as distributed with the addition of Planned Unit Development review and noted that Pilot Knob Estate's application for revised preliminary plat of Walden Heights Addition had been acted upon at the previous meeting. All voted yes. MINUTE S 1. September 2, 1980 Regular Meeting. Wachter moved, Egan seconded the motion, to approve the minutes as distributed. All voted in favor. 2. August 20 and 26, 1980 Special Meeting. Egan moved, Smith seconded the motion to approve the minutes as distributed. All voted yes. PARK DEPARTMENT Mr. Hedges reported for the Park Department. 1. Leibel Addition. Ken Vraa, the Park and Recreation Director, submitted a written report recommending the sale of a 7-foot parcel of park land owned by the City near Gold Trail and Beau D' Rue Drive, adjacent to Leibel Addition. It was noted that the issue had arisen because of an error in the legal description and Mr. Vraa indicated that the small sliver of land is not appropriate for park use and not an important element in the park system. It was recommended that the sale be made to the owner of the Leibel Addition for $300 plus attorneys' fees. Smith moved, Egan seconded the motion, to approve the recommendation and all voted in favor except Wachter who voted no. 2. Pedestrian Trail, County Road #30 and Berry Ridge Road. The Park Director recommended to the Council that it approve an 870 foot bicycle and pedestrian trail construction project on the east side of Pilot Knob Road connecting County Road #30 (Wildwood Lane) with Berry Ridge Road. It was noted that a portion of the LAWCON grant fund may be used for the project. Wachter moved, Parranto seconded a motion to approve construction of the trailway on the east side of Pilot Knob Road between County Road #30 (Wildwood Lane) and Berry Ridge Road and requested the Director of Parks and Recreation to pursue the funding of the proposed improvements with the State Planning Agency. All voted in favor. Council Minutes September 16, 1980 Q Page Two 3. Donations for Park Purposes. The Council acknowledged and thanked the Eagan Recreation League for the donation of 5500 for snowfence for baseball and softball diamonds at Northview Athletic Field and $250 from Bonestroo, Rosene and Anderlik for purchase of playground equipment. 4. Evergreen Park. The Park Committee recommended to the Council that Evergreen Park be designated as the official name of the park located within Evergreen Park Addition. It was noted that the suggestions from residents also requested that the same name be used. Wachter moved, Egan seconded the motion to designate Evergreen Park within Evergreen Park Addition as its official name. All voted in favor. PUBLIC WORKS DEPARTMENT Tom Colbert was present. 1. Improvement #79-24, Cedar Avenue Sanitary Sewer and Storm Trunk. It was noted that old 48" concrete storm sewer pipe was salvaged from the Cedar Avenue relocation and it was recommended that the pipe be sold for potential revenue of $1,090. Smith moved, Wachter seconded the motion to approve the recommendation. All voted in favor. 2. Miscellaneous Stop Signs. Mr. Colbert reviewed several requests for stop signs in various neighborhoods throughout the community. a) Carnelian and Amethyst and Carnelian and Pumice. There was no one present concerning the location of the signs at those locations and no action was taken. b) Johnny Cake Ridge Road at Walnut Lane. After discussion, Parranto moved, Wachter seconded the motion to install stop signs on Walnut Lane at Johnny Cake Ridge Road. All voted in favor. c) Duckwood Drive and Widgeon Way. After discussion, the Council directed the Police Chief to emphasize patroling of Widgeon Way and Duckwood Drive to a greater extent to help improve the traffic flow and safety in that area. CONSENT AGENDA 1. Annual PUD Renewals. Mayor Blomquist reviewed in some detail the Planned Development reviews that had taken place at a special joint meeting with the Eagan City Council and Advisory Planning Commission on September 10. There were no questions from the audience concerning the Planned Unit Developments. a) Eagan 40 PUD. The annual review was recommended for approval by the Planning Commission with the understanding that anticipated changes to the PUD will be presented to the City within 90 days. Council Minutes September 16, 1980 rR Page Three £3 223 b) Pilot Knob Heights Planned Development. This development was continued indefinitely until the appropriate revisions are made to the Planned Development Agreement providing a current status of the Planned Unit Development. c) Gopher Eagan PUD. The APC recommended approval of the Gopher Eagan PUD with the understanding that an application will be submitted to be heard at the October 1980 Planning Commission meeting regarding a preliminary plat. d) Mission Hills South Planned Development. The APC continued consideration of this PUD until the owner and developer have been formally contacted and appear before the Planning Commission for annual review. e) Bicentennial Planned Development. APC recommended approval of the annual review and that the Council request that MN/DOT reduce the right- of-way for the access road to permit additional construction and forward a letter to MN/DOT with that recommendation. The Council acted on this recommendation at the joint APC/Council September 10 meeting. f) South Delaware Hills PD. The APC recommended approval of the annual review with the revision in the southwest corner worked out through the City staff and the determination as to which planned development it should be included with and further subject, however, to completion and final approval of the Planned Development Agreement. g) Duckwood Trail Planned Development. The APC continued the application for annual review until the September 23 regular meeting. h) Lone Oak Heights Planned Development. No action was taken. APC discussed whether a sunset provision should be implemented in current policy for PDs that have not been procedurally completed within a certain amount of time. i) Beacon Hills PUD. No action was taken as the Planned Devleopment has been completely platted and is being developed. j) Art Rahn Addition PD. No annual review was required at this time as the planned development has recently been approved and the Planned Development Agreement was executed in 1980. k) Dayton Hudson Planned Development. The APC requested that more detailed information be included with the PD file for purposes of future development of the property. 1) South Delaware Hills PD. The APC recommended that the five year term of the planned development commence at the time of approval by the City Council on September, 1979. m) Blackhawk Park PD. The APC recommended approval of the annual review of the PD conditioned upon the north portion of the planned development being revised within six months of actual acquisition of the right-of-way of I-35E; further, conditioned upon the revision of the south portion of the planned development within six months of the date of the approval of the annual review by the Planning Commission and further subject to determination by the Dakota County District Court as to the status of the proposed Safari at Eagan commercial center on Cliff Road. Council Minutes September 16, 1980 Page Four ~~r " n) Lexington South PD. The APC accepted and recommended approval of the annual review of Lexington South PD. o) Eagan Hills West Planned Development. The APC recommended approval of the planned development. 2. Improvement #79-17, Change Order No. 1. The change order provides for deletion of required roadway grading in Safari Estates utility project for a cost saving of $14,040. It was recommended that Change Order No. 1 for deletion of grading and base preparation in the sum of $20,027.50 be approved. 3. Improvement #79-9, Trunk Highway #13 Water Main Replacement. It was recommended that Change Order No. 1 to Encon Utilities contract in the amount of $1,520 and Change Order No. 2, parts 1, 2, and 3, in the amount of $3,829.50 be approved. 4. Improvement #80-16, Galaxie Avenue Grading Change Order No. 1. The change order provides for the completion of the grading and base deleted from Improvement #80-16, Change Order No. 1. It was recommended for approval in the amount of $25,507.50 with Enebek Construction Company. 5. Project #317, Blackhawk Road and I-35E Street Improvements. It was recom- mended that the Council order the preparation of a feasibility report concerning Project #317 consisting of street improvements for the Blackhawk Road/I-35E project, to coordinate alignment and grades of Blackhawk Road to tie in with MN/DOT's bridge crossing of Blackhawk Road over I-35E. 6. Project #318, Yankee Square Shopping Center Storm Sewer. The City re- ceived a written petition from the owner of Bicentennial 1st, 2nd and 5th Additions requesting a study for additional storm sewer facilities at Yankee Square Shopping Center. Due to the urgent need, the staff recommended that the petition be received and that the feasibility report be ordered for Project #318 consisting of Yankee Square area storm sewer improvements. 7. Improvement #80-10, Silver Bell Road and Nicols Road Utilities. Bid openings were held on September 11, 1980, for Improvement #80-10 and the Public Works Director recommended award of the contract to the low bidder, Encon Utilities, in the amount of $103,892. The City Attorney and City Engineer indicated that ease- ments have not been acquired and it was recommended that the award of the contract be delayed until the next regular meeting. 8. Improvement #80-26, Eden Addition, Safari Addition, Briarhill Addition, Cedar Cliff 2nd Addition Street Improvements. The bid opening for this improvement was held on Thursday, September 11, 1980, and all easements have been acquired for that project according to the City Engineer. The low bidder was B-TU Mix Construc- tion Company in the sum of $267,433.20 and it was recommended that the contract be awarded to B-TU Mix. Council Minutes September 16, 1980 Page Five ®0225 9. Improvement #79-9, Trunk Highway #13 Watermain Relocation. It was recom- mended by the City Engineer that Improvement #79-9 consisting of Trunk Highway #13 watermain relocation be accepted and final payment in the sum of $12,367.10 be made to Encon Utilities. Wachter moved, Parranto seconded the motion, all voted in favor, to approve the recommendations of the staff and to authorize the implementation of the foregoing consent items. FEDERAL REVENUE SHARING PUBLIC HEARING Mayor Blomquist convened the public hearing concerning Federal Revenue Sharing Fund distribution for 1981 and the City Administrator explained the distribution of the funds. The City will be receiving one more payment for the last quarter of the federal fiscal year in the amount of $28,305 and noted that the obligation for the purchase of the Dakota County Library site will be 5116,273.16 remaining if the revenue sharing funds continue to be paid, the City can expect approximately $112,000 during the new fiscal year starting October 1, 1980. It was recommended that the funds be used to reimburse the funds used to purchase the Dakota County Library site and adjacent civic center site. Smith moved, Egan seconded the motion to close the hearing and to authorize the use of Federal Revenue Sharing funds to pay the balance of the purchase price for the City civic center property including the Dakota County Library site subject to compliance with all necessary requirements including the federal Davis Bacon Act. All voted yes. IMPROVEMENT #182R HIGHWAY #55 STORM SEWER IMPROVEMENTS Mayor Bea Blomquist then convened the public hearing regarding the proposed installation of storm sewer improvements in the area of State Highway #55 east of Highway #49. A large number of affected property owners were present and Mr. Rosene explained the project in detail. He indicated that the Council had considered the improvement several years earlier and that the project had been turned down because of opposition by the affected property owners at that time, and the fact that the project appeared to be premature. It was noted that water in the ponds in the area has risen to all time highs, and there were numerous property owners in favor of the project. There were concerns about property loss in the area of the high water, the timing of the outlet from Burr Oak Pond, the level of the Burr Oak Pond, the possibility of assessing land benefited in Inver Grove Heights and the amount of available storage remaining in Burr Oak Pond. It was noted that a reciprocal agreement would be required in order to assess within Inver Grove Heights and possibly each City would be sharing the storm drainage from the area. Mr. Rosene and other Councilmembers explained the assessment procedure and benefits in detail. It was noted by staff and consultants that the storm sewer drainage problem becomes greater as additional development occurs, costs increases, some problems have existed in the area because of high water levels causing damage to adjacent property including the fact the lake on Highway #55 apparently has never been as high as it is at the present time, and considerable additional development is anticipated in the future. After a lengthy discussion, Smith moved, Parranto Council Minutes September 16, 1980 0'226 Page Six seconded the motion to continue the hearing and take the matter under advisement until more information is submitted by the staff concerning Burr Oak Lake and the Eagandale area including the outlet to S.P. #1 in order to properly evaluate whether an outlet from Burr Oak Pond should be provided within the very near future, further that such hearing would be reconvened on October 21, 1980, at 7 p.m. at the City Hall and that the staff was also directed to prepare a feasibility report covering Improvement Project #319 consisting of the Burr Oak Pond outlet. There was also discussion concerning timing for the various phases and the estimated cost for the balance of the project to take the water from Burr Oak Pond and moving it westerly. All voted yes. IMPROVEMENT #307 ST. FRANCIS WOOD 2ND ADDITION IMPROVEMENTS The public hearing concerning Improvement Project #307 for sanitary sewer, storm sewer, and streets to St. Francis Wood 2nd Addition was then convened by the Mayor. Mr. Richard Geifer, the developer of the addition, was present as were numerous other affected property owners. Mr. Tony Caponi appeared and objected to the sanitary sewer trunk proposed to be assessed against his property and other property owners east of Lexington Avenue also opposed such an assessment indicating it was premature. Three property owners petitioned for the improvements including Lexington Development Company, St. Paul Companies, and Lexington South, Inc. It was noted that only sanitary sewer trunk assessments will affect the area outside the St. Francis Wood 2nd Addition. Certain Councilmembers indicated that it may be premature to assess the area east of Lexington Avenue, but eventually it would be assessed at higher rates. Also it was noted that a considerable amount of assess- ments would be levied against two existing Eagan city parks in the amount of approxi- mately $50,000. Blomquist moved, Egan seconded the motion to close the hearing and to take the matter under advisement. All voted in favor. Smith then moved, Egan seconded the motion to put the Council on record as not ordering in the sanitary sewer improvements for reasons including those mentioned above, the deficit financing under the project and the proposed park assessments. All voted in favor except Wachter who voted no. Mr. Geiger requested that the balance of the project be installed and the developer of St. Francis Wood 2nd Addition would pay for a temporary lift station for sanitary sewer purposes. Parranto then moved, Wachter seconded the motion to approve the balance of the project including water, storm sewer, street and sanitary sewer in St. Francis Wood 2nd Addition with the understanding that an agreement will be entered into with the developer of St. Francis Wood 2nd Addition to include the payment of the cost of the temporary lift station for sanitary sewer purposes. All voted yes. HEINE ADDITION EASEMENT VACATION The public hearing consisting of a petition to property owners in Heine Addition to vacate the old street easement that was dedicated prior to the platting of Heine First Addition was opened by the Mayor. No one appeared in opposition to the petition to vacate. Smith moved, Parranto seconded the motion, to close the hearing and to authorize the vacation of the street designated in the petition. All voted in favor. R 80-74 Council Minutes September 16, 1980 Page Seven 00:227 BEACON HILL ASSESSMENT Dunn & Curry Real Estate Management, Inc., requested at the last Council meet- ing that consideration be given to defer assessments for all utility improvements in the Beacon Hill Addition development until October 1, 1981. Dunn & Curry will guarantee the payment of the assessments with the first year's assessments being paid in May of 1981 and that a Letter of Credit will be provided guaranteeing such payment. Parranto moved, Smith seconded the motion to accept the request and to deter the assessments for water and sanitary sewer in Beacon Hill until October 1, 1981 subject to the conditions outlined in the letter from Dunn & Curry Real Estate Management, Inc., dated September 5, 1980, and filed as Document # 80 Councilmember Egan stated that he would normally oppose such a deferral except that the guarantees provided by the developer are sufficient safeguard to allow an exception to the policy. All voted in favor. D 80-80 RIDGE CLIFFE 1ST ADDITION FINAL PLAT Mr. Orrin Thompson, Mr. Charles Winden, and Mr. Bob Carlson appeared on behalf of the application of U.S. Homes for final plat approval of Ridge Cliffe 1st Addition. The staff recommended approval noting that the Development Agreement and all neces- sary City requirements appeared to have been met. Egan moved, Wachter seconded the motion to approve the final plat subject to clarifying street names and also compliance with all necessary ordinances. All voted in favor. R 80-75 D 80-81 RIDGE CLIFFE ADDITION REVISED IRELIMINARY PLAT The Advisory Planning Commission recommended approval of the application of U.S. Homes Corporation for revision of its preliminary plat for Ridge Cliffe 4th and 5th Additions subject to certain conditions. It was understood that the applicant will apply for rezoning of the area changed from R-1 to R-2 use. Smith moved, Parranto seconded the motion, all voted in favor, to approve the request subject to the following conditions: 1. Landscape plans shall be approved by the City staff and the landscape bond shall be required and not released until one year after the landscaping has been completed. 2. A tot lot shall be located within this townhouse area and site plans shall be approved by the City staff. 3. The by-laws of the homeowners association for this area shall be approved by City staff prior to the recording of the final plat. 4. Curbing shall be provided on all driveways. 5. The duplex units proposed on the east side of the replat shall be rezoned to an R-2, Residential Double district and no building permits shall be granted until such rezoning is completed. 6. All grading, drainage and utility easements shall be provided in accordance with the recommendations of the City staff. 7. Additional utility services shall be provided to the proposed twin home lots along Karis Way. Council Minutes September 16, 1980 0 C 228 Page Eight 8. An erosion control plan must be submitted and approved by staff prior to final plat approval. All members voted yes. It was understood that certain street names will be changed including Parkano Drive to Lenore Drive and certain other streets to avoid confusion in names of streets within the City. D 80-82 IMPROVEMENT #80-24 RIDGE CLIFFE 1ST UTILITIES The plans and specifications for Improvement #80-24 consisting of utilities in the Ridge Cliffe lst Addition were submitted and recommended for approval. Parranto moved, Wachter seconded the motion to approve the plans and specifications and to order the advertising of bids to be opened on Thursday, October 9, 1980, at 3 p.m. at the City Hall. All members voted yes. SPANGLER'S ADDITION PRELDNI NARY PLAT The application for preliminary plat approval of Spangler's Addition from Orpha L. Spangler was next considered. The Planning Commission recommended approval subject to conditions. There was no appearance on behalf of the applicant or objections to the application. Egan moved, Wachter seconded the motion to continue the applica- tion until the next regular meeting. All voted yes. CLEARVIEW ADDITION-PLAT WAIVER BRUNO L. BERG The application of Bruno L. Berg for waiver of plat to divide Lot 4, Block 3, Clearview Addition into two residential lots was next considered. The APC recommended approval subject to certain conditions. There were no objections and Mr. Berg was present. There had been a concern about drainage by one neighboring property owner and Mr. Colbert indicated that he recommended approval subject to staff and APC recommendations including all necessary easements. Wachter moved, Egan seconded the motion to approve the application subject to the following conditions: 1. That the residential home to be built on the property be centered in such a location on the property to provide that the houses be designed to avoid drainage into the basements. 2. All necessary easements shall be dedicated to the City as recommended by the City staff. 3. As many trees as possible shall be saved in the development. 4. Park donation shall be required on the newly created lot. 5. Applicant shall accept lateral benefit assessments for the newly created easterly lot (115.0 feet) at the time of final plat approval. 6. That a grading and drainage plan be submitted and approved by the staff prior to final approval of resolution of the City Council approving the waiver. All members voted in favor. R 80-76 Council Minutes September 16, 1980 0 C 229 Page Nine U-HAUL SIGN PERMIT The application of Suburban Lighting for a conditional use permit for pylon sign for U-Haul Corporation at Cedar Avenue and Highway #13 was next considered by the Council. A representative of Suburban Lighting was present and there were con- cerns of the Council about preempting the use of the sign because of the proposed location by the property to the east. There were also some strong concerns about signing along the new Cedar Avenue freeway. Smith moved, Blomquist seconded the motion to deny the application for reasons including the following: 1. There are currently no signs facing the new Cedar Avenue freeway. 2. That the Council has denied the applications for certain signs along the Cedar Avenue freeway. 3. The Council intends to emphasize signing to be used for advertising businesses internally within the adjacent areas. 4. Aesthetic reasons. 5. The owner, when the LT-Haul operation came into existence, understood that the area was basically industrial and not intended for commercial use. 6. The owner at that time indicated that the purpose of the U-Haul location was for residents moving in and out of the Eagan area only. Smith then withdrew the above motion and moved to continue the application until a study is completed and until the Council has appointed a study committee and recom- mendations are made by the committee concerning the types, sizes and uses of signing along the new freeway; further, that the proposed organization of the committee be placed on the next City Council agenda. Parranto seconded the motion, all voted yes. MARLO MILLER, 1746 DAVENPORT AVENUF SETBACK VARIANCE The application of Marlo and Jean Miller for a 3-foot side yard setback variance located at 1746 Davenport Avenue for construction of a detached garage was next considered. The APC recommended approval subject to certain conditions. Mr. Miller was present and there were no objections. Wachter moved, Egan seconded the motion to approve the street setback variance subject to compliance with all applicable City ordinances. All voted in favor. I-35E NOISE AND CEDAR FREEWAY INTERCHANGE NOISE ABATEMENT PLAN The plans and specifications for MN/DOT noise attenuation at I-35E and Cedar Avenue freeway interchange were next considered by the Council. On February 5, 1980, the City Council considered the preliminary plans for the installation of noise walls along Cedar Avenue freeway and on March 11 an informational meeting was held at Metcalf Jr. High School. On May 6, 1980, the Council approved the preliminary plans for the proposed noise barriers. Egan moved, Wachter seconded a motion, that the plans and specifications for the construction of the noise attenuation barriers at the interchange of I-35E with Cedar Avenue freeway and to direct the Mayor and City Clerk to execute the resolution of approval with the understanding that neighboring property owners will be permitted to review and understand the proposed plans. All voted in favor. R 80-77 Council Minutes September 16, 1980 0(230 Page Ten IMPROVEMENT #80-7 MISCELLANEOUS UTILITY PROJECTS The plans and specifications for Improvement #80-7 consisting of Project #293, Windcrest 1st Addition; Project #284, Windtree lst Addition; and Project #308, Duckwood Trail area utilities were submitted for approval. The developer of Wind- crest Addition has agreed to issue the City a blanket easement for the property in question until such time as the final plat is approved and filed with the County. Parranto moved, Smith seconded the motion to approve the plans and specifications and to authorize the Clerk to advertise for bids to be opened on October 10, 1980, at 3:00 p.m. at the City Hall covering Improvement #80-7, with the understanding that an acceptable easement for utilities in Windcrest 1st Addition be received by the City. All voted in favor. MCKEE ADDITION TAX FORFEITED LAND Mr. Colbert reviewed with the Council a request by Mr. and Mrs. Lofgren of 2896 Lexington Avenue to purchase Lot 12, Block 2, of McKee Addition. It was noted that Lot 12 had been acquired by the City as tax forfeited property and the City attorney indicated that the proper way of disposing of the lot to the Lofgrens would be by reconveying the property to the State of Minnesota which could then sell it on an open sale to the highest bidder. The City Attorney presented a proposed recon- veyance deed and it was noted that $807.67 plus interest had accrued against the property for unpaid deferred assessments. Mr. Colbert recommended that the City reconvey the parcel to the State of Minnesota because it would not be used by the City but that an attempt should be made to protect the assessments. Smith moved, Wachter seconded the motion to accept the recommendation and authorize conveyance of the property to the State of Minnesota and that the staff attempt to recover the assessments if possible. All voted yes. IMPROVEMENT #80-30 PLANS AND SPECIFICATIONS HIGHVIEW AVENUE STREETS The City Engineer submitted the plans and specifications for Improvement #80-30 consisting of street improvements on Highview Avenue including storm sewer. Blomquist moved, Smith seconded the motion to approve the plans and specifications and order the Clerk to advertise for bids with the bid opening for Thursday, October 2, 1980, at 3 p.m. at the City Hall. All voted yes except Wachter who voted no objecting to the construction of only a portion of Highview Avenue. ORDINANCE REVISIONS The City Administrator reviewed with the Council approximately seven new or revised ordinances and recommended that the Council authorize the City staff and City Attorney to prepare the ordinances for submission to the Council for approval. Smith moved, Egan seconded the motion to accept the recommendation and order the preparation of the ordinances. All members voted in favor. Council Minutes September 16, 1980 Page Eleven FEASIBILITY REPORT POLICY Tom Hedges submitted a proposed policy for acquisition of easements and methods of financing to be included in the public improvement feasibility reports and recom- mended approval. Blomquist moved, Wachter seconded a motion to approve the policy guidelines submitted by the City Administrator and all voted in favor. IMPROVEMENT PROJECT CONTRACTS The following contracts were submitted for approval by the City Council: 1. Improvement #80-15, Silver Bell Road and Deerwood Drive street improvements with Bituminous Roadways, Inc. 2. Improvement #80-27, McNamara Vivant, street improvements. 3. Improvement #80-20, Richard Knutson, Inc., Northview School and Schmidt Addition improvements. Egan moved, Wachter seconded the motion to approve the contracts and authorize their execution. YANKEE SQUARE OFFICE PARK I AND II The City Council, at the last regular meeting, set public hearings to consider industrial revenue financing for two office buildings in Yankee Square Office Center. It was now requested by the applicant that the amounts be increased from $995,000 to $1,403,480 and the second from $1,095,000 to $1,513,480. Parranto moved, Egan seconded the motion to reschedule the hearings to determine the reasons for the increases in the amounts. The motion was then withdrawn. Smith moved, Egan seconded the motion to authorize the change in the amounts and to direct the Clerk to readvertise for the public hearings to be held on October 7, 1980, at 7:00 p.m. at City Hall and requested that the applicants submit a detailed explanation prior to the.public hearing to explain the very substantial increases. All voted in favor. WERNER LEMBKE CONDITIONAL USE PERMIT The City Planner submitted an explanation of the request by Mr. Werner Lembke for a conditional use permit for outside storage and repair on Wescott Road. It was noted that approval was given at an earlier time but a request was now made for a 50 foot by 75 foot building rather than 40 foot by 75 foot building to accomodate the equipment required in the Lembke business. The staff recommended approval. Parranto moved, Smith seconded the motion, to approve the recommendation and authorize the increase in size of the building under the conditional use permit. All voted yes. Council Minutes September 16, 1980 ~ 2- 223FG. Page Twelve MN/DOT I-494 PLANS AND SPECIFICATIONS The City has now received a copy of the detailed plans and specifications for the construction of the 1-494 bridge over the Minnesota River and the Director of Public Works recommended approval by the City Council and noted that a pedestrian all purpose trail was included in the plans. Wachter moved, Egan seconded the motion to approve the plans and specifications for Bridge #9217B-I-494 over the Minnesota River and authorize the Mayor and City Clerk to execute a resolution approving the plans and specifications. All voted in favor. R 80-78 ASSESSMENT COMMITTEE RECOMMENDATIONS The Special Assessment Committee met on Thursday, September 11, 1980, to consider eight agenda items. After discussion, noting that certain items require a decision by the City Council, Blomquist moved, Egan seconded a motion, to adopt the minutes and to concur with the recommendations submitted by the Assessment Committee as appropriate. All voted in favor except Wachter abstained as to the proposed assess- ments against Christ Lutheran Church. MTC ROUTES The City has received a letter from the Metropolitan Transit Commission which addresses bus service changes within the City. It included extending existing service area in the Industrial Park and relocating the existing zoo route, with the changes to be in effect in February 1981. The Public Works Director reviewed the locations and recommended approval. Parranto moved, Smith seconded the motion to approve the route changes for the Metropolitan Transit Commission. All voted in favor. PILOT KNOB HEIGHTS PERFORMANCE BOND The City received a request from Kenneth Appelbaum to release the $5,000 bond for grading purposes in the area of Duckwood Drive and east of Pilot Knob Road. The staff recommended approval noting the requirements have now been completed. Parranto moved, Smith seconded the motion to approve the recommendation, all voted in favor. GALAXIE AVENUE STREET IMPROVEMENTS Mr. Colbert explained that MN/DOT will reconstruct a portion of Galaxie Avenue and recommended cost participation with MN/DOT with the City doing the grading includ- ing reimbursement by MN/DOT. Smith moved, Blomquist seconded the motion to authorize the request for cost participation agreement for Galaxie Avenue so that utility installations can be installed by the City. All voted yes. VINCENT KENNEDY YANKEE DOODLE AND HIGHWAY #13 The City Administrator indicated that undesirable fill material has been dumped on the Vince Kennedy property at the northeast corner of Yankee Doodle Road and Highway #13 and requested direction from the Council concerning the need for an excavation permit. Egan moved, Wachter seconded the motion to direct the City Admini- strator to write a letter to Mr. Kennedy indicating that it would allow no more fill until an excavation permit has been applied for and approved by the City Council; further, that no more than 5,000 cubic yards will be authorized as fill material at the site. All voted yes. Council Minutes September 16, 1980 C 0,` 2 a Page Thirteen COMPREHENSIVE PLAN GUIDELINE REVISIONS After discussion, Parranto moved, Egan seconded a motion to authorize the administrator to forward a letter to the surrounding cities recommending a joint meeting to discuss comprehensive guideline revisions. All voted in favor. HORIZON HOMES CITY HALL JANITORIAL SERVICE Mr. Hedges recommended that Horizon Homes be hired by the Council to perform the maintenance of City Hall at the rate of $800 per month on a six month trial basis. Smith moved, Parranto seconded the motion, to approve the City Administrator's recommendation. SPECIAL CITY COUNCIL MEETING The Mayor scheduled a special City Council meeting for the Eagan City Hall for Tuesday, September 23, at 7 p.m. to review the proposed 1981 Budget. WILSON VS. CITY OF EAGAN The City Attorney reported concerning the decision of the Minnesota Supreme Court upholding the Dakota County District Court decision regarding damages claimed by Mr. Wilson for the shooting of a cat by the Eagan Police Department. The appeal had been brought by Mr. Wilson and it had been recommended that the City Council authorize the payment of $500 on behalf of Cary Larsen who was assessed damages in favor of Mr. Wilson. Smith moved, Parranto seconded the motion to approve the recommendation and to make payment of $500. All voted yes. VOUCHERS Egan moved, Wachter seconded the motion, all voted in favor to approve the following vouchers: 1146-1172; 10969-11052; 16376-16600. ADJOURNMENT Wachter moved, Egan seconded the motion, all voted in favor, to adjourn at 12:20 a.m. PHH Dated: September 16, 1980 2 City/Clerk