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09/15/1981 - City Council Regular ;'"10 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 15, 1981 A regular meeting of the Eagan City Council was held on Tuesday, September 15, 1981 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Parranto, and Egan. Also present were City Administrator Hedges, City Engineer Rosene, and City Attorney Hauge. AGENDA Blomquist explained that the meeting could not be officially convened until 8:00 p.m. due to the fact that State Law does not permit an official meeting of a City Council during the period that an election is being held within the Municipal boundaries. It was noted that District #196 is holding an election to determine whether a mill rate increase should be levied within the district. The polls will close at 8:00 p.m. She stated that no official action will be taken until 8:00 p.m., but that the Council will review, discuss and invite comments from any members of the audience present concern- ing items that are considered prior to 8:00 p.m. Both Mayor Blomquist and City Administrator Hedges periodically, until 8:00 p.m. , stated or explained the procedure for the evening concerning official action. MINUTES The Minutes of September 1, 1981 Council Meeting were reviewed and it was noted on page 1 that the City Softball Tounament was held on August 29, rather than September 29; further, on page 7, Traitor should be spelled Trader. PARK DEPARTMENT Mr. Hedges indicated that a grant had been awarded to the City for Rahn Thomas Trail Park II by the State of Minnesota Planning Agency, which will be completed by December 31, 1981. A portion of the trail covered under the grant agreement was installed early in 1980 but because of pending construc- tion of I-35E between Blackhawk and Woodgate, that portion of the trail con- struction had not been completed. It was recommended that a request for extension of the Contract until December 31, 1982 be requested and that the bicycle trail be constructed on the Easterly termini of the Highline trail, and near Blackhawk Road. CONSENT AGENDA The council briefly discussed the consent agenda items and there was no objections to the agenda issues. CRIMINAL JUSTICE SUBCOMMITTEE Mayor Bea Blomquist announced that on September 28, at 7:00 P.M. the Criminal Justice Committee of the Minnesota House of Representatives will meet 1 0hi.. Council Minutes September 15, 1981 at the Eagan City Hall to review criminal justice issues for the next legisla- tive session. In particular, the proposed adoption of the model drug paraphe- nalia enforcement act will be discussed. SURPLUS EQUIPMENT Bids for surplus equipment have been received for the sale of a 1964 Ford with Wayne Frederich submitting the high bid of $900.00 and, a bid for the 1964 International truck from Wayne Frederich for $1,400.00. Other bids were also reviewed but no action was taken. PUBLIC HEARINGS The following assessment hearings were discussed by the Council. The City Administrator stated that notices had been published in the legal news- paper and copies of the Notices mailed to the affected property owners. At 7:00 p.m. the Mayor announced that the Council members would discuss the proposesd assessments rolls as follows: 1. Project 4277, Deerwood Drive. The adoption of the final assessment roll for Improvement Project #277 was continued from September 1, 1981 to answer the questions of Mr. Steve McBurney regarding a previous assessment on Deerwood Drive. There were no objections to the roll. 2. Project #235, The roll concerned the property owned by L. J. Parker, 1836 Cliff Road, for trunk water area assessments was then discussed. No objections were submitted. 3. Project #247, Alexander Road. It was noted the final assessment construction costs associated with this project exceeded the feasibility report esimate and were due to documented cost overruns which had been re- viewed in detail with the developer as they occurred. The assessments covered street improvements for a total cost of $181,204.44, covering two parcels assessed over five years at 8% interest, constrsucted under Improvement #79- 16. The hearing on the feasibiltiy report was held on November 21, 1978. There were no objections to the roll. 4. Project #262, Beacon Hill. The improvements for sanitary sewer, water, storm sewer and street improvements were reviewed by City Administrator Hedges and there were no objections to the assessments. 5. Project 4264. Twin View Manor 1st and 2nd Addition. Mr. Hedges reviewed the proposed assessment roll covering sanitary sewer, water and storm sewer with assessments for street improvements to be levied at a later time. Mr. Phillip Scheide, attorney from Apple Valley, appeared on behalf of 14 property owners and submitted written objections to the assessment roll. He questioned the reason for the interest increase from the 8% to 11% and it was noted that the interest rate had exceeded the 8% estimate in the original feasibiltiy report. Mr. Anthony Villelli was also present and objected to the increased interest charged to the property owners. 6. Project 4274, Silver Bell Road Street Improvements. After reviewing 2 0' ~ rI Council Minutes September 15, 1981 the assessment roll, a number of affected property owners were present. Joe Kenneally questioned the assessments as did Lawrence Groven. Mr. Groven questioned whether the Senior Citizen Deferrment would be approved by the City Council. Lester Spencer was present and requested an additional pair of catch basins on Silver Bell Road and old Cedar Avenue as was Mary Rammer, who objected that gravel was washing into her yard on Old Cedar Avenue. Further discussions will take place between Mr. Spencer and the Public Works Director. 7. Project #279, Fish Lake Storm Sewer. After review of the project, there were several questions from affected property owners. Mr. Henry Braun was present and stated that water drainage is affecting his property and it was noted that the Public Works Committee will review the issue with Mr. Braun. 8. Project #299, Northview School Area; and Project #304, Schmidt Addition. Water, sewer and street improvements for Improvement Projects #299 and 4304 were reviewed. Earl Smith's son, 1021 Diffley Road appeared and questioned the assessments and the restoration of the improved area on his property. Anthony Caponi stated that in his opinion there was no benefit for water trunk purposes to his property because the improvement was on Lexington Avenue and not along Diffley Road. Written objections were submitted on behalf of Lexington South, Inc. for both Improvements #299 and #304. 9. Project #308, Duckwood Trail. The water, sanitary sewer and storm sewer assessments for Improvement Project #308 were discussed. There were no objections to the assessment roll. 10. Project #311, Galaxie Avenue Street Improvements. There was discussion concerning Improvement Project #311, and there were no objections. 11. Project 4314, Ridgecliff Addition. The assessment roll covers water, storm sewer and sanitary sewer improvements in Ridgecliff Addition. Orrin Thompson Homes, the developers, signed a waiver of final assessment hearing requesting the Council approve the assessments but that they not be certified to Dakota County for collection until January 15, 1982. At that time the developer proposed to pay all assessments in full, including interest to that date which would preclude the necessity of certifying the assessments to the County for collection. There were no objections to the assessment roll. CONVENED COUNCIL MEETING At 8:00 p.m. Mayor Bea Blomquist formally convened the City Council meeting for September 15, 1981 and stated that the Council will review all issues discussed prior to 8:00 p.m. and will take action on each of the agenda items. AGENDA Upon Motion by Egan, seconded Parranto, it was resolved that the Agenda as presented be approved. All voted yes. 3 Council Minutes ? ;.13 September 15, 1981 MINUTES Minutes of the meeting of September 1, 1981, Parranto moved, Wachter seconded, all voted in favor to approve the Minutes as revised. PARK COMMITTEE Upon motion by Wachter, seconded Egan, it was resolved that the Rahn Thomas Trail Phase II Grant be requested for extension from the State Planning Agency. All voted in favor. Smith then moved, Parranto seconded the motion to request that the funds be used for the extension of Wilderness Run Road Trail to Dodd Road and further, that the extension near Blackhawk Road, would also be completed to the extent possible outside of the proposed I-35E con- struction area. All voted in favor. SURPLUS EQUIPMENT Upon motion by Smith and seconded Parranto, it was resolved that the staff be authorized to sell the 1964 Ford Truck and the 1964 International Truck to the high bidders. All voted yes. CONSENT AGENDA The following consent agenda items were recommended for approval by the staff: 1. #80-12 Pump House No. 6. It was recommended that the 11th and final payment of $750.00 for Improvement #80-12 to Lee Reichert Plumbing and Heating Company be approved and the project accepted for perpetual mainten- ance. 2. #80-31 Univac Reservoir Repainting. It was recommended that the council approve the third and final payment of $3,037.40 for Improvement #80- 31 with Allied Painting and Renovating Company and accept the project for perpetual maintenance by the City. 3. Project #331 Galaxie Park Streets and Utilities. A Petition had been received from the developers of Galaxie Park Addition and the preliminary plat has now been approved. It was recommended the Petition be received and the City Engineer be authorized to prepare the feasibility report for Improve- ment Project #331 consisting of streets and utilities for Galaxie Park Addi- tion. 4. Twin City Federal Investment Resolution It was recommended that the Council authorize the execution of a Resolution designating the Director of Finance - City Clerk to sign and/or transact City business by telephone or written authorization regarding investment transactions for City funds with Twin City Federal. R 81-59 4 A-" R C21 Council Minutes September 15, 1981 Upon motion by Parranto, seconded Wachter, it was resolved that the foregoing Consent Agenda items be approved and authrized to be implemented. All voted in favor. FINAL ASSESSMENT HEARINGS The Mayor formally convened the following public hearings which had been discussed prior to 8:00 p.m. and the Mayor requested that the Council act upon each of the projects involved in the assessment hearings. 1. Project #277, Deerwood Drive. Upon motion by Egan, seconded by Parranto, it was resolved that the Assessment Hearing be closed. That the assessment roll be approved and that it be authorized to be certified to the County Auditor. All voted in favor. 2. Project #235, L. J. Parker. Motion by Smith, seconded by Wachter, to close the hearing, to approve the assessment roll as prepared and author- ized its certification to the County Auditor. All voted yes. 3. Project #247. Attorney Dennis Dalen for R. L. Johnson, appeared and submitted written objections to the assessment roll. He had questions concern-ng the contract between the City and R. L. Johnson prior to construc- tion of the road and further submitted a Notice of Appeal of the Assessment Roll. All voted yea. Egan moved, Smith seconded the motion to close the Hearing, to approve the assessment roll as prepared and authorize the certification to the County Auditor. All voted in favor. 4. Project #262, Beacon Hill. The assessment rolls for Improvement Project #262 consisting of water, storm sewer, sanitary sewer and street improvements regarding Beacon Hill Addition were submitted for approval. Wachter moved, Parranto seconded the motion to approve both assessment rolls and to close the hearing and certify the rolls to the County Auditor. All voted yes. 5. Project 4264, Twin View Manor lst and 2nd Additions. It was noted that formal objections had been filed by 14 property owners in Twin View Manor 1st Addition. Egan moved, Parranto seconded the motion to close the hearing, approve the assessment roll and authorize its certification to the County Auditor. All voted yes. 6. Project 4274, Silver Bell Road Wachter moved, Egan seconded the motion to close the hearing and approve the roll and certify it to the County Auditor. All voted in favor. 7. Project 4279, Fish Lake Storm Sewer. Parranto moved, Smith seconded the motion to close the hearing, approve the assessment roll as prepared and authorize its certification to the Dakota County Auditor. All votes yes. 8. Project #299, Northview School. Upon motion by Egan, seconded 5 J i d 15 Council Minutes September 15, 1981 Wachter, it was resolved that the public hearing be closed. That the roll be adopted and certified to the Dakota County Auditor. All voted in favor. 9. Project #3014, Schmidt Addition. Wachter moved, Parranto seconded the motion to close the hearing, to approve the assessment roll as presented and authorize it to be certified to the Dakota County Auditor. All voted yes. 10. Project #308, Duckwood Trail. Upon motion by Parranto, seconded Egan, it was resolved that the hearing be closed, the assessment roll be adopted and certified to the Dakota County Auditor. All voted yes. 11. Project #311. Parranto moved, Wachter seconded the motion to close the hearing, to approve the assessment roll as presented to the council and certify it to the Dakota County Auditor for spreading upon the tax rolls. All voted yes. 12. Project #3114, Ridgecliff Addition. Smith moved, Egan seconded the motion to close the hearing, to approve the assessment roll and authorize it to be certified to the Dakota County Auditor according to the agreement with the Developer. All voted in favor. 1982 PROPOSED BUDGET City Administrator, Tom Hedges, briefly reviewed the 1982 proposed budget and explained the process and the action necessary to adopt the budget. There were no comments from any members of the audience concerning the budget. JOHN ODINK EASEMENT VACATION Mayor Bea Blomquist then convened the public hearing regarding the re- quest of John Odink to vacate a portion of Pilot Knob Road lying on the East side of the Odink property at Highview Avenue. There were no objections to the Petition and the staff recommended approval subject to the respread of assessments on the Odink property. Egan moved, Wachter seconded the motion, all voted in favor to close the hearing and to authorize the vacation subject to respread of assessments as recommended by the staff. All voted in favor. R 81-60 LEO MURPHY QUIT CLAIM DEED Mr. Leo Murphy appeared regarding his request that a small access ease- ment on the Murphy property north of Deerwood Drive be deeded by the City to Mr. & Mrs. Murphy stating that the City had no reason to retain the very old access easement placed on the property prior to acquisition of Blackhawk Park by the City. It was noted that the Advisory Park and Recreation Committee had recommended approval of the conveyance of the easement to the Murphys. Wachter moved, Egan seconded the motion to authorize the execution of a Quit Claim Deed running from the City of Eagan to Mr. & Mrs. Murphy as recommended by the Park Committee, subject however, to Mr. Murphy paying the City for the preparation of the Quit Claim Deed and the recording fees. All voted yes. 6 Council Minutes September 15, 1981 NORVIN OAKS PRELIMINARY PLAT AND REZONING The application of Vincent Storland for preliminary plat approval of Norvin Oaks and for rezoning from A to Rl was next considered. The item had been continued from the July 21, 1981 Council Meeting to allow staff time to research sanitary sewer availability to the proposed preliminary plat area. Consulting Engineer Bob Rosene explained the proposed sanitary sewer access to the area. Councilman Wachter vacated his chair and explained that the appli- cant had originally requested plat approval but required only one building permit at the present time. He stated further that water would be acquired from the munciipal water system. Parranto moved, Egan seconded the motion to grant a variance for one additional single family building permit on the property provided that it is located so as to allow at least three residential units on the property in the future; further, when the municipal sanitary sewer system becomes available, that it will be installed and that the proper- ty owners will not object to the assessments; further, that the applicant will provide for an easement for sanitary sewer as requested and that the property owner proceed to plat property. It was further understood that the basis for the variance was that a daughter of the applicant will own the additional home and that this is not intended to be a precedent for the subdivision of compar- able parcels. All voted in favor except Wachter, who did not vote. MEDITERRANEAN CRUISE ON-SALE LIQUOR LICENSE The application of Hussein Ansari for on-sale liquor license for the Mediterranean Cruise Restaurant on Cedarvale Blvd. has been considered. Mr. Ansari was present and it was noted the conditional use permit had been granted for the license on September 1, 1981. There were no objections. Egan moved, Wachter seconded the motion to approve the license, subject to fulfil- ling all necessary requirements. All voted in favor. CEDARCLIFF PUD AND PRELIMINARY PLAT The application of Steven J. Flanagan for revision to Cedarcliff Planned Development and preliminary plat approval for Cedarcliff comercial addition was next reviewed by the Council. The Planning Commission recommended denial of any revision to the planned development and approval of the preliminary plat subject to conditions. A number of concerned area residents were present and Mr. John Flanagan and Tim Kytonen from Charles Windon Associates were present for the applicant. The neighboring property owners objected to addi- tional retail use and further objected to the fact that the Planning Commis- sion had not stated to the residents present at the meeting that they would consider the preliminary plat after recommending denial of revision to the planned development. It was noted that the general rule of the Council was that there would not be additional zoning for commercial purposes unless there are extenuating reasons. After discussion, Smith moved, Egan seconded the motion to deny the application for amendment of the planned development on the basis of the recommendation of the Planning Commission and the reasons given at the public hearing, noting that there was concerns about road access into the residential area and the objections to the procedure of the Planning Commission. All voted in favor. Mr. Flanagan stated that there were no plans for the uses and he was unable to submit such plans at the present time. 7 Council Minutes September 15, 1981 There were also objections to having buildings fronting on the interior street with the backs of the buildings on the major streets. There was discussion of a possibility of a cul de sac and access only from Nicols Road. Egan moved, Parranto seconded the motion to refer the application for preliminary plat approval back to the Advisory Planning Commission to review the roadway ac- cess, including that from Nicols road and Cliff Road, and further the access issues into the residential area; further, that the staff review with the County Highway Department the plans for Nicols Road, including the access locations. All voted yes. HILLTOP PLAZA PRELIMINARY PLAT The application of James Refrigeration Company for preliminary plat approval of Hilltop Plaza consisting of office and commercial development on 4.5 acres in Lot 1, Block 4, Hilltop Estates was next considered. James Hill was present for the applicant and there were no objections to the proposal. He explained that the first phase has a separate mortgage and thus the reason for separating the buildings. Councilman Wachter objected to there being no access completely around the new building on the North side, and it was noted that the request included an eight foot variance from set-back requirements along a public street. The architecture will be identical to the current building in Hilltop Plaza. Parranto moved, Wachter seconded the motion to approve the preliminary plat, subject to the following: 1. Proper sloping and seeding of the area that has been excavated to provide a hill rather than a cliff. 2. The asphalt surfacing and concrete curbing shall be provided in all areas of the parking lot where the paking lot will not be expanded in the future. 3. Outlot B shall be dedicated to the City for road right-of-way in conjunction with the upgrading of County Road 30. The road shall also be constructed at the owner's cost to standards designated by the City at that time, or, the dedication and upgrading shall occur within six months after the City has requested the developer to install this roadway and that assessments may be levied against Lots 2 and 3 of the commercial center when such improve- ments are installed. 4. The preliminary plat shall be subject to Dakota County Plat Commis- sioner's review and comments because it abuts County rights-of-way. 5. A landscape plan shall be submitted and approved by the City for the second phase, and an adequate landscape bond shall be submitted and not re- leased until one year afater the landscaping has been completed. 6. All other conditions shall apply regarding access and site develop- ment as was originally approved in accordance with the staff report of March 21, 1979. The site plan shall conform to all other applicable ordinances. 7. A detailed grading and drainage plan shall be submitted and approved 8 Council Minutes September 15, 1981 prior to final plat approval. The developer shall be required to complete his grading prior to the issuance of a building permit for the second phase construction. 8. The developer shall be required to properly construct driveway entrances onto County Roads 30 and 31 to the City's approval. 9. The internal storm sewer system shall be approved by the City and constructed prior to issuance of a building permit. 10. A temporary five-foot bituminous pathway shall be constructed at developer's expense along the east side of Pilot Knob Road to provide for pedestrian access to this proposed facility. 11. A cross-easement for parking and access purposes shall be provided as requested by the City. Smith then moved, Blomquist seconded the motion to amend the main motion to authorize the variance from setback requirements along a public street. Those in favor were Smith and Blomquist, those against were Wachter, Parranto and Egan. The vote on the main motion without amendment was all in favor. D 81-48 LAWRENCE GROVEN - SILVER BELL ROAD ASSESSMENTS Lawrence Groven appeared on his behalf in requesting senior citizens assessment deferral under ordinance No. 66 on the basis of age and disability covering the Silver Bell Road Street and Utility Assessments, Projects #274 and #285. Parranto moved, Smith seconded the motion to accept the recommendation of the assessment committee for eligibility under the senior citizen deferral provision. All voted yes. HARDEE'S RESTAURANT CONDITIONAL USE PERMIT The application of Growth, Inc. (Hardee's restaurant) for conditional use for pylon sign on Lot 1, Block 1, Durning's Addition, 4615 Cedar Avenue, was then discussed by the Council. Mr. Jullian Bilske appeared for the applicant and stated that the sign proposed along the freeway that would be lit up at night would be 105 square feet, but overall 135 square feet. The Planning Commission recommended denial of two of the variances and the third variance was sent to the City Council without recommendation. Mr. Bilske requested a variance for the 10 foot overage above 125 square foot allowance under Ordinance #16 based upon the substantial additional cost for custom made sign and further stated that the seven-foot ground sign on the East side of the restaurant could create a traffic hazard. Councilman Smith stated that he was opposed to the two variances but that the 135 ft. sign would not be objection- able. There was also a discussion about possibly moving the existing sign to the South as a ground sign to avoid any potential hazard. After considerable discussion, Smith moved, Egan seconded the motion to grant the variance for 9 Council Minutes September 15, 1981 10.2 square feet, based upon the applicant representing that the next approp- riate pylon sign size would be 57.6 square feet, and upon the condition that the present pylon sign would be revised to comply with the ground sign re- quirements; further, that the other two requested variances be denied and that the variance allowed would comply with all existing ordinance requirements. All voted in favor. AMOCO STATION PYLON SIGN REQUEST The application of Thomas Gegax for conditional use permit for pylon business sign at Amoco Station, Nichols Road and Difley Road, was then consi- dered by the Council. The Planning Commission acted on Augsut 25, 1981 and recommended denial of the conditional use permit to the City Council. The applicant requested a pylon sigsn adjacent to the Cedar Avenue Freeway for business identification purposes and a revision of the existing pylon sign located adjacent to Nicols Road. Mr. Gegax and the operator of the station were present. Mr. Gegax explained the proposal in detail and stated that he would accept a pylon with non-flashing price sign on Cedar Ave. Egan moved, Wachter seconded the motion to approve a conditional use permit to allow a pylon sign on new Cedar Avenue and ground sign on Nicols Road and Diffley Road, subject to the following: 1. That the Freeway pylon sign not exceed 27 feet in height from ground level and not exceed 60 square feet per side. 2. That the pylon sign not be located nearer than 10 feet from any street or highway right-of-way nor nearer than 10 feet from any property or dividing line. 3. That the signs conform with all applicable ordinance requirements. All voted yes. ROSEWOOD CORPORATION ADVERTISING SIGN An application of Rosewood Corporation for temporary sign advertising the Four Oaks Apartment complex at the Northeast corner of Yankee Doodle Road and Coachman Road was considered by the Council. A Representative of Rosewood was present. Egan moved, Wachter seconded the motion to approve the application subject to the following: 1. That the sign not exceed 125 sq. ft. 2. That the sign be located no closer than 10 feet from the property line of the parcel. 3. That the temporary advertising sign shall be approved for one year and renewed for the second year. All voted yes. ROGER URBAN - HIGHWAY 3 AND COUNTY ROAD 32 Roger Urban appeared informally concerning his proposal to discuss plat- ting and rezoning of approximately 12 acres that he owns at the Northeast 10 51 Eef;o Council Minutes September 15, 1981 corner of the intersection of County Road 32 and Highway 3. Sewer and water are not available to this site and it was noted that it would probably not be available for some years. He proposes to construct a small business building for his computer business at that location and requested informal direction as to development without utilities. Councilmembers generally indicated that they would not object to the proposal with the possible requirement that the owner not object to future assessments when the utilities are installed to the area. No action was taken. EDWARD MAYHEW I. R. FINANCING The final resolution for industrial revenue financing for the Edward Mayhew Project for an office/warehouse building of approximately 16,000 sq. ft. at the Southwest corner of Apollo Road and Mike Collins Drive in the Eagandale Industrial Park was reviewed by the Council. Representatives of the applicant were present and Smith moved, Wachter seconded the motion to approve the final resolution for tax exempt financing for the Edward Mayhew Project as proposed. All voted yes, subject to compliance with all applicable ordinances and state requirements. SEE BOND FILE DAY CARE FACILITIES - ORDINANCE NO. 52 The proposed amendment to Ordinance No. 52 covering Day Care Facilities was submitted to the Council for approval. Smith moved, Egan seconded the motion to approve the amendment to Ordinance No. 52, subject to revisions that were discussed at the Council. All voted in favor. SEE ORDINANCE BOOK ORDINANCE NO. 42 & 64 - SUNDAY LIQUOR & WINE OPENING HOURS Parranto moved, Smith seconded the motion to approve the proposed amend- ment to Ordinances No. 42 and No. 64, extending the hours for serving liquor and wine beginning at 10:00 a.m. on Sundays. All voted yes. SEE ORDINANCE BOOK SPECIAL ASSESSMENT COMMITTEE - SEPTEMBER 8, 1981 The recommendations of the Special Assessment Committee meeting held on September 8, 1981 concerning assessments under various projects were then discussed by the Councilmembers. 1. Dakota County Park - Project #311 - Galaxie Avenue. The street improvements on Galaxie Avenue along the Dakota County Park land were discuss- ed. The Dakota County Park Director had requested special consideration because of limited use presently planned for that park area. There was consi- derable discussion concerning the use of the Dakota County Park adjacent to and on the East side of Galaxie Avenue for County purposes and that future uses of the park would more than likely become much more intense than at the present time, noting that the park land does benefit from the improvements at least on a residential equivalent basis. Parranto moved, Smith seconded the motion that the County Park be assessed along its entire frontage on Galaxie Avenue according to the normal residential equivalent assessment rate, based 11 171 k 3 ttt v Council Minutes September 15, 1981 upon full benefit noting that the County Park land could be used to its full extent in the future without further assessments. It was noted that the City Council assesses its own property 100% for comparable improvements, and fur- ther that Dakota County is currently preparing a comprehensive plan for the area. It was further noted that the trend is that park land is being used for active park purposes to a much greater extent. All in favor except Egan, who voted No. 2. Granville House, Inc. - Project #302. The request of Granville House, Inc. for special consideration on the basis of hardship for reduction of the total amount of assessments for storm sewer construction under Project #302 consisting of the I-494 Improvements was next reviewed. Wachter moved, Egan seconded the motion to accept the recommendation of the Assessment Commit-ee that the assessments against the property remain as calculated noting that the total acreage is approximately 14.5 acres and that the staff prepare the assessments and include them in the asessment roll for project 302. All voted in favor. 3. William O'Neill Trunk Storm Sewer - Project #302. The request of Mr. William O'Neill for reduction in assessments for Lots 3 and 4 of O'Neill's First Addition affected by I-494 and Trunk Highway #149 Improvements was next reviewed. Egan moved, Parranto seconded the motion to *accept the recommenda- tion of the Assessment Committee that both Lots 3 and 4 be assessesd at the full storm sewer assessment rate. All voted yes. 4. Kollofski's Addition Trunk Storm Sewer - Project #302. The request of several property owners including Mr. & Mrs. John Francy in Kollofski's Addition to revise the proposed assessments rates from the commercial- industrial rate to residential storm sewer rates was brought before the Council. Upon motion by Smith, seconded Egan, it was resolved that the Assess-ent Committee's recommendation, to reduce the assessment to the residen- tial rate but in the event that the use of any of the parcels in Kollofski's Addition upon which residential homes are currently built, is changed to another use, that the assessments be amended at that time to comply with the assessment rates then in effect for that property. All voted yea. 5. Robert Johnson, Kings Road Surfacing - Project #259. No action was taken on the request of Mr. & Mrs. Johnson for revision of the proposed assessments for Kings Road Improvements under Project #259 upon staff recom- mendation and consultation with the Johnsons. NORTHVIEW & THOMAS LAID; SCHOOLS SUPPLEMENTAL ASSESSMENTS It was noted that District #196 had not paid its water connection permit fee for Thomas Lake Elementary School on Thomas Lake Road and the District requested that the connection fees for sanitary sewer and water to the Northview Elementary School be spread over 15 years at 8% interest, including the water connection fee for Thomas Lake School. The wavier of objections submitted by the School District was also noted. Wachter moved, Egan seconded the motion to approve the final assessment roll for utility connection permits for Northview Elementary School and Thomas Lake Elementary School and autho- rize the certification to the County for collection of the charges as pro- 12 Council Minutes September 15, 1981 posed. All voted in favor. IMPROVEMENT 81 - 14 WILDERNESS RUN ROAD The plans and specifications for Improvement 81-14 consisting of Wilder- ness Run Road construction from Capricorn Court to Dodd Road were reviewed by the Council. Parranto moved, Wachter seconded the motion to approve the plans and specifications and to authorize the Clerk to advertise for bids to be opened on October 8, 1981 at 10:30 a.m. at City Hall. All voted yes. IMPROVEMENT 81 - 15 WINKLER/JACKSON ADDITION AND BROWN'S POND OUTLET IMPROVEMENTS The plans and specifications for Pro jecct #344 for the installation of sanitary sewer to the Winkler/Jackson First Addition and Project #339 for construction of the alternate storm sewer outlet from the Beacon Hills Addi- tion were presented to the Council. Parranto moved, Egan seconded the motion to approve the plans and specs for Improvement #81-15 and to authorize adver- tisement of bids to be opened at 10:30 a.m. on October 8, 1981. All voted in favor. HEIDI SCHIELA EASEMENT AND ASSESSMENTS - DODD ROAD The City Attorney, Paul Hauge reviewed with the Council a request from Heidi Schiela for the payment of $3,936.00 for damage to the Schiela property on Dodd Road due to the construction of Dodd Road and in addition the sum of $1,000.00 for road right-of-way. Smith moved, Wachter seconded the motion to authorize the City Attorney to continue to negotiate with the attorney for Ms. Schiela and authorize the final negotiated price to be paid for the damages and the easement. All voted in favor. THOMAS SCHULTZ - PILOT KNOB ROAD The City Attorney requestd approval of the payment of $1,432.56 for storm sewer easement purposes based upon a negotiated price for the easement under the 1980 Fish Lake storm sewer Project. Wachter moved, Parranto seconded the motion to approve the payment. All voted yes. SENATE FILE 898 - CABLE T.V. The City Administrator submitted a resolution prepared by Tom Creighton, special Cable T.V. Counsel. It was recommended for approval by the Committee to be adopted by the City Council. The bill would prohibit cities or states from regulating or establishing rates for subscriptions to cable and informa- tional services and would prohibit cities from requiring public access chan- nels and prohibit city ownership of cable systems. Smith moved, Egan seconded the motion to approve the resolution with the understanding that it would provide for municipal ownership of cable t.v. systems. All voted in favor. R 81-61 13 uk- ZZ Council Minutes September 15, 1981 EAGAN CITY ORDINANCE CODIFICATION City Administrator Tom Hedges again discussed with the Council a proposal to hire Roger Jensen of Municipal Ordinance Codifiers, or to codify the Eagan ordinances under a contract price of $15,000.00. Parranto moved, Egan sec- onded the motion to approve the proposal for the ordinance codification which funds shall be paid from 1981 budgeted funds. All voted in favor. MARDELANN ADDITION AND LEXINGTON SOUTH SECOND ADDITION A request from Frank Hasselman, the Developer of the proposed Mardelann Addition for one year extension of the submission of the application for final plat and the application of Mr. Richard Roeglin for one year extension for the submission of the final plat of Lexington South Second Addition were discussed by the Council. Egan moved, Parranto seconded the motion to approve the extensions. All voted yea. VOUCHERS Wachter moved, Egan seconded the motion to approve the following vou- chers: Check lists dated September 15, 1981 and September 16, 1981. All voted in favor. ADJOURNMENT Upon motion duly made and seconded the meeting adjourned at 12:00 p.m. PHH City Clerk 114