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09/07/1982 - City Council Regular00232 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 7, 1982 A regular meeting of the Eagan City Council was held on Tuesday, Septem- ber 7, 1982 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Thomas and Egan. Also present were Public Works Director Colbert, City Administrator Hedges, City Planner Runkle and City Attorney Hauge. AGENDA Upon motion by Egan, seconded Wachter, it was resolved that the Agenda be approved as distributed. The Council took action on the following Minutes: 1. Regular meeting of August 17, 1982. Smith moved, Wachter seconded the motion to approve the Minutes. All voted yes. 2. Special meeting of August 10, 1982. Wachter moved, Thomas seconded the motion to approve the Minutes as distributed. All voted in favor. 3. Special meeting of August 24, 1982. Smith moved, Thomas seconded the motion to approve the Minutes. All voted yes. 4. Special meeting of August 30, 1982. Egan moved, Wachter seconded the motion to approve the Minutes. All voted in favor. 5. Special meeting of August 31, 1982. Wachter moved, Egan seconded the motion to approve the Minutes. All voted in favor. 1 06233 Council Minutes September 7, 1982 POLICE DEPARTMENT Chief DesLauriers appeared and discussed with the Council the problems that were experienced by the Police Department regarding the operating of five Diesel squad cars purchased through General Motors Corporation. A letter from City Attorney Paul Hauge and alternatives concerning the potential recovery by the City of Eagan of its loss due to the problems with the squad cars were discussed in detail. Council had also discussed this at earlier meetings, correspondence had taken place and discussions with representatives of General Motors Corporation and local dealers. Egan moved, Smith seconded the motion to authorize the City Attorney to commence an action against General Motors and the appropriate dealers from whom these diesel squad cars were purchased for recovery of damages incurred on behalf of the City due to the defects in the squad cars experienced by the City Police Department; that negotiations continue, however, with General Motors and the dealers concerning the claimed damages; further, that the Council be apprised of the progress of the action and that also the costs incurred by the City in pursuit of the lawsuit. All voted in favor, except Wachter who voted no. FIRE DEPARTMENT PRESENTATIONS The Mayor made presentations to six firefighters who retired from the Eagan Volunteer Fire Department in recent months. Special presentations were made to Dean Jensen who was on the Fire Department from July 1, 1963 to December 31, 1981, James (Bud) Malaske from July 1, 1963 to July 2, 1982, Mervin (Mac) Carll from July 1, 1963 to July 2, 1982, Duane Gaudette from July 24, 1967 to August 1, 1982, Donn Smith from July 1, 1963 to July 3, 1982, and Jay Berthe from July 1, 1963 to July 2, 1982. The Mayor and Council thanked the retired Firefighters for their long service to the City. All the retired Firefighters were present except Dean Jensen. WATER RUN -OFF - GERALD KUHN - 1722 COCHRANE AVENUE A letter was received from Mr. and Mrs. Gerald Kuhn, 1722 Cochrane Avenue complaining about the inconvenience and damages caused by water drained on to their property from the backwash of the neighbors swimming pool. Mrs. Kuhn was present and urged the Council to adopt an Ordinance that would require the adjoining property owners who install swimming pools to install dry wells or pump water to the storm sewer to reduce any impact from water run -off on adjoining property. Smith moved, Wachter seconded the motion to direct the staff to investigate the possibility of such regulations or ordinance covering the request made by the Kuhns in similar situations and report to the Council. All voted in favor. 2 Council Minutes 00234 September 7, 1982 SAFARI ESTATE - WATER RESERVOIR - SIEG PROPERTY Mr. Colbert reviewed with the City Council a meeting held on September 1, 1982 with the Sieg family concerning the proposed purchase of the approxi- mately 2 acres of land on the Sieg property in Eagan for the Safari Estates 4 million gallon water reservoir. It was noted that many meetings have been held with the Siegs and negotiations have continued for several years and that the Council had authorized condemnation in the event that negotiations are not successful. It was recommended that on the basis of the most recent negotia- tions that the City Council offer $8,000.00 per acre for permanent easement and approxiamtely $4,000.00 per acre for temporary construction easement with the total offering price of $19,242.00. The City would then assume the existing assessments and it was expected that all of the costs would be acquired from the Letter of Credit entered into between the Developer of Safari Estates Addition and the City of Eagan concerning the acquisition of the well site. It was noted, however, that there is no Letter of Credit in existence at the present time, but that the Watschke family has guaranteed that it would pay the costs, according to the information received by the City staff. After discussion, Smith moved, Thomas seconded the motion to authorize the staff to proceed with the acquisition of 2.09 acres for water reservoir site on the basis outlined above and to authorize the Mayor and the Clerk to execute an option for the purchase of the property and to proceed with the entry into a Purchase Agreement for the purchase of the property at the earliest possible time. All voted in favor. PILOT KNOB ROAD - CONCRETE INSTALLATION Mayor Blomquist reported that a portion of the east side of Pilot Knob Road in the Country Home Heights area appeared to be flaking and recommended that the County Commissioners be notified of the defect. Smith moved, Egan seconded the motion to authorize the Administrator to write the Commissioner concerning the defect and also that no further payments be made by the City until the issue is resolved to the City's satisfaction. All voted in favor. CONSENT AGENDA The City staff recommended approval of the following Consent Agenda items: 1. St. John Neumann Church /Combination Gambling License. It was recom- mended that the application of St. John Neumann Church for combination gambling license for September 12, 1982 be approved. 3 00235 Council Minutes September 7, 1982 2. Conditional Use Permit Renewals. It was recommended that the following September Conditional Use Permits be renewed covering the renewals for the month of September: Carl Case, 540 Diffley Road, for repair shop in his garage. Michael Neisius, 4855 So. Robert Trail, for storage and repair for up to 10 vehicles. E. L. Murphy Trucking, 3303 Terminal Drive, to allow a trailer for office use. Walter Wosje, 3945 Pilot Knob Road, to permit the raising of ten head of cattle on 3 acres. 3. Sign Permit Renewals. It was recommended that the following sign permits be approved for renewal: 115 ground signs, 238 building signs, 57 business pylon signs, 42 advertising signs, 15 temporary advertising signs. The Building Inspector also recommended that due to the present market for homes and Eagan's large lot inventory that the City should not deny any temporary advertising or real estate "for sale" signs. 4. Rahn Park Grant. It was recommended that the Resolution authorizing the filing of the application and execution of grant project of Rahn Park Agreements as previously authorized for the City Council be implemented according to the Resolution presented to the Council. R 82 -45 5. James Moore - 3_2 On -Sale Beer License. An application by James Moore for 3.2 on -sale beer license for the Umpires Association for September 18 and September 19, 1982 at Univac Softball Field was recommended for ap- proval. 6. Project #361 - Wescott Road Sanitary Sewer. The Feasibility Report for Improvement Project #361 consisting of Wescott Road sanitary sewer was presented to the Council and it was recommended that the Council receive the report and order the public hearing to be held on October 5, 1982 at 7:00 p.m. at the City Hall. 11 W OC 3G Council Minutes September 7, 1982 7. Improvement Project #365 - Northview Meadows First Addition The Feasibility Report for Northview Meadows First Addition trunk sewer and water was presented to the Council and recommended that the report be received and that the Council order a public hearing to be scheduled for the October 5, 1982 City Council meeting at 7:00 p.m. at the Eagan City Hall. 8. Contract #80 - - Blackhawk Lake Outlet. The City has received a request for final payment by the Contractor Lametti & Sons for acceptance and for perpetual maintenance of the Blackhawk Lake storm sewer outlet. It was recommended that the ninth and final payment for Contract #80 -21 in the amount of $14,732.41 be approved and the Project be accepted for perpetual main- tenance. 9. Contract #81 -10 - Tomark 1st Addition, et al, Streets. A request has been received by the City for final payment to Pine Bend Paving, Inc. for completion of Contract #81 -10 covering three projects including #323B, #336B, and #324B street improvements. It was recommended that the seventh and final payment to Pine Bend Paving, Inc. for Contract #81 -10 in the amount of $7,072.58 be approved by the Council and that it accept the project for perpetual maintenance. Upon motion by Egan, seconded Wachter, it was resolved that the foregoing Consent Agenda be approved and that the appropriate officers be authorized to execute the necessary documents. All voted in favor. BLACBHAW[ LAS OUTLET - PROJECT #297 ASSESSi�IT OBJECTIONS The Mayor convened the continued public hearing consisting of Project #297 regarding Blackhawk Lake Outlet that had been originally held by the Council on July 20, 1982. Certain objections were filed at the time of the hearing including the following: 1. Harry and Pearl Lemieux. Mr. and Mrs. Lemieux contended that only a portion of the 10 acre parcel was benefitted in that about one -half of their property drains towards the Coachman Oaks storm sewer area. The staff recom- mended that the lot be split and 5.08 acres within the Blackhawk Lake drainage basin be used for calculation of assessments associated with Project #297 and the balance in the future would be assessed with the Coachman Oaks storm sewer project. Mr. and Mrs. Lemieux were present as was their attorney, Paul Dinger. Mr. Colbert reviewed the recommendation and the request to defer the Coachman Road area until that portion is developed. The Special Assessment Committee has reviewed the issue and recommended approval of the staff recom- mendation. Mr. Dinger explained the position of the Lemieuxs and asked to defer also the Blackhawk Lake assessment until the connecting installation is put in from the collecting pool to the southeast and the storm sewer outlet. After considerable discussion, the Lemieuxs asked for a short recess to dis- cuss the proposal of the City, and after further consideration, returned and indicated that they would agree with the assessment of Blackhawk Lake drainage 5 01#237 Council Minutes September 7, 1982 area at the pesent time with no action on the balance of the property. Smith then moved, Egan seconded the motion to continue the public hearing and that the staff prepare an agreement to be executed by the Lemieuxs providing that the portion of the Lemieux property draining into Blackhawk Lake drainage basin be assessed in 1982 and that no further action be taken on the assess- ments for the Coachman Road drainage portion of the property at the present time, with the understanding that an agreement will be entered into between the parties regarding this proposal. All voted in favor. Wachter moved, Egan seconded the motion that in the event that the payment is made for assessments for the Blackhawk Lake portion prior to November 1, 1982, that no interest will be charged to the Lemieuxs on the assessments. All voted in favor. 2. Henry Englert. The objection of Mr. Englert has at the request of Mr. Englert been withdrawn in that his property would be subject to Senior Citizen deferment and also Green Acres. Smith moved, Wachter seconded the motion to close the hearing regarding the Englert assessments and that the assessments be approved and that the roll be certified to the County Auditor noting the property is subject to Green Acres and Senior Citizens deferment. There were no objections and all voted in favor. 3. David Ashfeld - Pilot Knob Road. The objections of David Ashfeld submitted at the July 20, 1982 assessment hearing were discussed and it was recommended that the hearing be closed and that the assessment roll be aban- doned and that a new hearing be scheduled. Smith moved, Egan seconded the motion to close the hearing to abandon the original roll; further, however that a hearing on the revised Preliminary Report be scheduled for October 5, 1982 at 7:00 p.m. at City Hall and that the assessment then be based on the 1980 rates. All voted in favor. 4. James Horne - Pilot Knob Road. The objections filed by Mr. and Mrs. James Horne covering storm sewer assessments covering property they own on the west side of Pilot Knob Road was next reviewed by the Council. The recommen- dation of the Assessment Committee was reviewed and it was recommended that a reschedule of public hearing be set up under Chapter 429 for the assessment. Mr. and Mrs. Horne were present and Mr. Horne made a presentation and stated that he felt that there was no benefit to the property and that the water from any future development could be contained on the Horne property exclusively. Smith moved, Egan seconded the motion to close the hearing, to abandon the roll; to reschedule a public hearing on the revised improvement for Project #297R to be scheduled on October 5, 1982 at 7:00 p.m. at City Hall. All voted yes. 0 00 236 Council Minutes September 7, 1982 BEACON HILL POND VACATION The public hearing regarding the proposed vacation of ponding easement on Lot 12, Block 9, Beacon Hill Addition was then convened by the Mayor. It was noted that the 1975 Quit Claim Easement had been acquired for ponding easement rights and then the property had been platted but that the easements did not correspond and it was recommended that the Council approve the vacation of the pond easement. There were no objections to the hearing. Egan moved, Wachter seconded the motion to close the public hearing, approve the vacation of the ponding easement acquired in 1975 from Blackhawk Park, Inc. with the condition that the existing ponding easement dedicated as part of the Beacon Hill plat remain in full force and effect. All voted in favor. R 82 -46 TRUDI JOHNSON - FINAL ASSESSNEAT HEARING - PROJECT #2 The public hearing regarding the final assessments for the Trudi Johnson property on Dodd Road was convened by Mayor Bea Blomquist. It was noted that after District Court determination that benefit to the property did not exceed $11,300.00, that the property should be reassessed on the basis of the pro- posed roll submitted to the Council by the City Engineering Department. There were no objections and no one present regarding the hearing. Wachter moved, Egan seconded the motion to close the hearing, to approve the assessment roll based upon the benefits conferred to the property indicated in the packet material submitted to the Council and that the Clerk be authorized to certify the roll to the County Auditor. It was noted that future assessments could be levied against the property in the event that benefits accrue caused by future development. All voted in favor. PROJECT #307A - ST. FRANCIS WOODS 2ND ADDITION - ASSESSMENT HEARING The public hearing regarding the assessments for St. Francis Woods 2nd Addition Utilities was then convened by the Mayor. There were no objections to the roll. Mr. Colbert reviewed the roll with the Council and explained the benefits that were received by the property due to the improvements. Wachter moved, Thomas seconded the motion to close the hearing, to approve the final assessment roll for Project #307A and authorize certification to the Dakota County Auditor to be spread over five years at 12.5% interest. All voted yes. 7 Council Minutes September 7, 1982 PROJECT #324A - SAFARI AT EAGAN - UTILITIES X11239 The hearing regarding the Safari at Eagan Utilities was convened and Mr. Colbert reviewed with the Council the proposed assessments against the property. He noted that the improvements included utility and street improve- ments in the commercial addition and that assessments were below the original feasibility report rates, with the exception of the grading and gravel base. There were no appearances, but a letter objecting to the assessments was submitted by Byron Watschke, the developer of the project. The Council re- viewed the benefits to the property, noting that the commercial subdivision has now been prepared for development and it was also noted that the Develop- ment Agreement provides for waiver objection to any objection to any assess- ments. Staff recommended the hearing be closed and that the assessments be approved. Egan moved, Wachter seconded the motion to close the public hearing, to approve the final assessment roll for Project #324A and order certification to Dakota County with collection over ten years at 10.5% interest. All voted in favor. PROJECT #328A - CHES MAR EAST 4TH ADDITION - UTILITIES The hearing regarding the final assessment for Ches Mar East 4th Addi- tion, Utilities, Project #328A was convened. There was no appearances and no objections and Mr. Colbert explained the project and the benefit that accrued to the adjacent property. Smith moved, Egan seconded the motion to close the hearing, to approve the assessment roll and authorize certification to Dakota County for collection over a 5 year period at 12.5% interest. All voted yes. PROJECT #329A - CEDAR CLIFF 2ND ADDITION - UTILITIES The hearing regarding the assessments for Cedar Cliff 2nd Addition Utilities was next opened by the Mayor. There were no objections. After discussion, Wachter moved, Thomas seconded the motion to close the hearing, to approve the final assessment roll and authorize certification to Dakota County for collection over a 5 year period for laterals and 15 years for trunk storm sewer at 12.5% interest rate. All voted yes. CITY HALL EXPANSION UPDATE There was no further update concerning the City Hall expansion except to note that two public hearings had been held on August 31, and September 2, 1982 and that the Referendum is now scheduled for September 14, 1982. of.120 Council Minutes September 7, 1982 EAGLE'S NEST - LAND USE DESIGNATION Betty Bassett appeared on behalf of her request that the City Council consider the redesignation of the land use for four lots owned by her in Meadowland that have been, to date, approved for a four unit townhouse to be used for a home for the handicapped. A number of questions were raised by Mrs. Bassett and members of the City Council about the original intent of the Unisource Planned Development for the use of that property and that more recent approval was necessary regarding the Eagle's Nest Home for that loca- tion. The chronology of events have been prepared by City Planner, Dale Runkle, and was reviewed by the staff. Councilman Wachter suggested that neighboring property owners be notified if there is a change in use. Mrs. Bassett was present and asked what the underlying zoning was. It was noted that it currently is R -1. She stated that she could get 8 units of subsidized housing and may use some units for handicapped and some for non - handicapped persons. Councilman Smith stated that if the use is for partially handicapped and non - handicapped, there would be a less dense use than originally antici- pated. Mrs. Bassett states that action had to be taken on the use of the property within the next two years or that she would lose the ownership of the land. The issues appeared to be whether a 16 unit building with 8 handicapped persons and 8 non - handicapped persons could be utilized in the location and if not, what use could be made of the property. There was discussion concerning a proposed amendment to planned development. Smith moved, Egan seconded the motion to direct the staff to work with the owner and the developer of the Planned Development to provide an amendment to the Planned Development and to present the proposal at the next City Council meeting. All voted in favor. SPECIAL ASSESSMENT COPK=EE UPDATE The City Council then reviewed the recommendations of the Special Assessment Committee meeting which had met on August 30, 1982, including the following: 1. Anderson, Maesaka, Berg and Kyllo (John Croft Acres) Assessment. It was requested by the foregoing persons that the assessment be adjusted covering that portion of their property within Blackhawk Lake. Staff recom- mended approval as did the Special Assessment Committee. Upon motion by Smith, seconded Wachter, it was resolved to reduce the trunk area storm assessment for the four foregoing parcels in accordance with the table presented with the packet to the City Council. All voted in favor. 2. Floyd Bryant, Deerwood Drive and Blackhawk Road. After discussion, Smith moved to vacate the final trunk area storm sewer assessment for the Bryant property under Project #297 and order a new public hearing to be scheduled for October 5, 1982 at 7:00 p.m. at City Hall. Wachter seconded the motion, all voted yes. 00241 Council Minutes September 7, 1982 3. Mr. and Mrs. William Bruestle, Pilot Knob Road. Mr. and Mrs. Bruestle asked questions concerning the storm sewer assessment on their property on Pilot Knob Road and they appeared to be satisfied with answers by the Special Assessment Committee. Wachter moved, Egan seconded the motion to accept the Special Assessment Committee's recommendation to reaffirm the final assessment for the Bruestle property under Project #297. All voted yes. 4. Leo Murphy, Deerwood Drive. A request was received from Mr. Murphy for deferment of the trunk area storm sewer assessments under the Blackhawk Lake Project #297. Mr. Murphy was present and requested that the assessments be deferred due to the fact that they are eligible for Green Acres. Mr. Colbert reviewed the options including deferment and that it be assessed at some future time as opposed to having the property assessed and that it be deferred as Green Acres property at the effective interest rate in 1982 of 12.5 %. Mr. Murphy requested the former and upon motion by Smith, seconded Wachter, it was resolved that the request of Mr. Murphy be granted and that the trunk area storm sewer assessments under Project #297 be deferred and not assessed at the present time, but that the assessment be levied in the future at such time as the property loses its Green Acre status, is sold, or is developed. Further, that an agreement be entered into with Mr. Murphy con- cerning these assessments. 5. Carol Lindo, Vienna Woods. Carol Lindo has again requested defer- ment of interest and penalties levied against Lots 10 and 11, Block 2, of Vienna Woods, noting financial hardship, as explained in her letter to the City that was dated July 2, 1982. It was noted that her requests have been reviewed by the City Council at earlier times, and that she has a unique hardship generally experienced by other property owners in the City. The mortgage company asserted the first lien on the sale of the first lot. After discussion, Wachter moved, Egan seconded the motion to authorize the accrument of interest and penalties for the two lots, Lot 10 and 11, Block 2, Vienna Woods, as requested, noting the special hardship provisions and that the Council would eliminate the penalty, but that interest would continue to run on the assessments. All voted in favor. 6. George Dougherty. A request from Mr. and Mrs. George Dougherty for Senior Citizen Deferment for assessments levied under Project #297 on their property on Deerwood Drive was then considered by the Council. The reports from the Dakota County Veteran's Services office and Dakota County Human Services affirming the Senior Citizen deferral request were reviewed. Egan moved, Wachter seconded the motion to approve the request for Senior Citizen deferment for Mr. and Mrs. Dougherty. All voted yea. 10 00242 Council Minutes September 7, 1982 PAT LEAHY - CONDITIONAL USE PERMIT The application of Pat Leahy for conditional use permit for carry -out foods, or delicatessen, in conjunction with the bakery located in Lot 1, Block 1, Bay #1, Silver Bell Shopping Center, was then considered. The Advisory Planning Commission, at its public hearing on August 24, 1982 recommended approval, subject to certain conditions. Ms. Leahy was present and stated that there would be no sit -down eating, but that there may be seating for customers waiting for their take -out food. There was no objection by the Council. Wachter moved, Thomas seconded the motion to approve the application subject to compliance with applicable City ordinances. All voted in favor. ITALIAN PIE SHOPPE - AMUSEMENT DEVICE LICENSE The application of the Italian Pie Shoppe for one amusement device license in the Italian Pie Shoppe in Yankee Square was presented to the Council. The owner of the restaurant was present and indicated that it is necessary to have one machine to entertain the customers during their waiting time prior to being seated. It was noted that other locations that have been denied generally have requested up to three machines and that different cir- cumstances existed. After discussion, Thomas moved, Smith seconded the motion to approve the application for the reasons that were mentioned above, and that the application continue to be in existence until the license renewal time. All voted in favor except Wachter who voted no. ROAD MACHINERY A SUPPLIES COMPANY - I.R. FINANCING A request from Michael Sill the President of Road Machinery & Supplies Co. for extension of time for approval of the Industrial Revenue Financing Bond preliminary approval was considered by the Council. Due to the current financial situation and other applications for extension having been approved, Wachter moved, Eagan seconded the motion to approve the extension of the preliminary resolution for I.R. financing as requested of the application for a one year period. All voted in favor. SEE BOND FILE J.P.K. PARK COMPANY - I.R. FINANCING EXTENSION The request of J.P.K. Park Company for extension of I.R. Financing covering the proposed Shopping Center on Diffley Road and Nicols Road was then also discussed by the Council. Egan moved, Smith seconded the motion to approve the request for a one year period. All voted yes. SEE BOND FILE 11 0( . 1 2 / 4 - 3 Council Minutes September 7, 1982 COCA COLA BOTTLING MIDWEST - SIGN VARIANCE An application was submitted by Coca Cola Bottling Midwest for variance under Ordinance No. 16 to allow Coca Cola logo and name to be painted on the east wall of the Coca Cola building located in Eagandale Center Industrial Park #1. The Planner's report was reviewed noting that normally the Ordinance requires raised lettering but that painting of the logo appeared to be appro- priate noting the extremely long building side. Maintenance of the sign was discussed and two representatives from the Architectural firm of Setter, Leach & Lindstrom, Inc. were present and explained the proposal. Wachter moved, Egan seconded the motion to approve the application for variance subject to the following: 1. That an annual maintenance program be agreed to by Coca Cola, set forth by the City Council. 2. That if the identification becomes unattractive according to the determination of the City, Coca Cola will agree to remove the sign or conform with Ordinance No. 16 regarding raised lettering. All voted yes. Further, that there be an annual renewal for the permit for the sign. NAEGELE OUTDOOR ADVERTISING CO. - SPECIAL PERMIT An application of Naegele Outdoor Advertising Co. for special permit for advertising sign to be located in Cedar Ridge Second Addition was then dis- cussed by the Council. A representative of Naegele was present and explained the proposal, indicating that 10% of the time the billboard would be used for public purposes. It was noted by Mr. Colbert that there are erosion problems on the site owned by Barton Contracting Co. and that the developer has not, at the present time, corrected the erosion problems. Mr. Colbert was directed to continue to attempt to acquire compliance by the owner of the property to improve the erosion issue. Smith moved, Thomas seconded the motion to approve the advertising sign as applied for, subject to compliance with the applicable ordinance. Those in favor were Smith, Thomas and Egan. Those against were Wachter and Blomquist. MIKE JOHNSON - CITY INTERN City Administrator Tom Hedges introduced Mike Johnson, who was newly appointed as the City Intern in the City Administrator's office. 12 M.2414 Council Minutes September 7, 1982 THOIWOOD TOWNHOUSES - TEMPORARY ADVERTISING SIGN An application made by Lexington Development for a temporary sign located at the southwest intersection of Duckwood Drive and Lexington Avenue for advertising the townhouses of Thornwood Townhomes in St. Francis Woods 3rd Addition was next considered. There were no appearances and it was noted that the final plat had not as yet been approved. Wachter moved, Egan seconded the motion to deny the application until the final plat has been approved. All voted yes. MICHAEL DUBOIS - TEMPORARY 3.2 BEER LICENSE An application of Michael Dubois for 3.2 temporary beer license at 3155 Highway #13 for a party on September 11, 1982 was discussed. Mr. Dubois was present and it was suggested that he very carefully review his liability for such a party and it was noted that the application applied to non - profit associations or corporations only. No action was taken. JADE LANE - STOP SIGN PETITION A petition has been submitted by property owners in the vicinity of Jade Lane and Pumice Lane for stop signs was discussed by the Council. Mr. and Mrs. Radle and neighboring owners were present and asked for two stop signs at Jade Lane and Pumice and at Limonite and Carnelian. After discussion con- cerning the location of other stop signs in the area, Smith moved, Egan seconded the motion to approve a three -way stop at Pumice and Jade. All voted in favor. Wachter then moved, Egan seconded the motion to approve a stop sign installation on Limonite approaching Carnelian. All voted in favor. WIND ENERGY - COMMUNICATION TONER ORDINANCE The Council discussed the Ordinance draft for the proposed Wind Energy Conversion System and Radio T.V. Tower Height Limitation Ordinance prepared by the City staff. Councilman Wachter questioned whether engineer certification should be required under Subdivision 2.C. and after discussion, Egan moved, Wachter seconded the motion to continue the consideration of the Ordinance to review the certification issue prior to the next City Council meeting. All voted yes. 13 0 *245 Council Minutes September 7, 1982 CONTRACTOR LICENSING ORDINANCE A proposed draft of the Contractor Licensing Ordinance has now been submitted by the City staff and City Attorney's office. A revision to the Ordinance was discussed regarding property owners from performing their own work without acquiring a license. Wachter moved, Egan seconded the motion to approve the ordinance subject to the revision being made regarding private owners who perform their own work not being required to acquire a license under the ordinance and that the revision to the Ordinance be submitted for review by the City Council prior to publication. All voted in favor. SEE ORDINANCE BOOK CABLE COMlQSSION UPDATE It was noted the last regular meeting of the Joint Burnsville /Eagan Cable Commission was held on August 25, 1982 and Councilman Smith reported briefly on the action at that meeting. IMPROVEMENT #82 -10 - TOWSHVIEW ROAD STREET IMPROVEMENTS Mr. Colbert indicated that easements have now been acquired from Univac and from Midwestern Associates, the developer of the property on either side of Towerview Road west of Pilot Knob Road. It was recommended that the bids that have been received for the project be accepted and that the low bid of Buesing Brothers, with the alternate bid of $101,750.85 be approved. The alternate would consist of ductile iron replacement of the watermain installa- tion. Smith moved, Thomas seconded the motion to approve the alternate bid of Buesing Brothers and to award the contract to Buesing Brothers with the difference between the total base bid of $98,810.85 and the alternate bid funds be acquired from the City Maintenance fund. All voted yes. PROJECT #82 -11 - HILLTOP PLAZA UTILITIES The bids for the Contract #82 -11 covering Hilltop Plaza Utilities were received on September 2, 1982 and it was recommended that the low bid of Encon Utilities, Inc. for $26,904.50 be approved. Egan moved, Wachter seconded the motion to approve the low bid of Encon Utilities as recommended. All voted yea. CONTRACT #82 -12 - GALAXIE AVENUE - SURFACING The bids for Galaxie surfacing were received by the City on September 1, 1982 and the low bidder was McNamara Vivant in the amount of $171,388.50. It was recommended that the low bid be approved and the contract be awarded to McNamara Vivant. Wachter moved, Egan seconded the motion to approve the recommendation of the staff and order its implementation. All voted yes. 14 00246 Council Minutes September 7, 1982 1983 BUDGET HEARING Thomas moved, Egan seconded the motion to schedule a public hearing on the 1983 Budget for September 21, 1982 at 7:00 p.m. at the City Hall. All voted yes. BRITTANY 4TH ADDITION - MODEL HOME Carl Tollefson and Bill Dolan appeared on behalf of their request that the Council authorize construction of one model home due to the late season with the understanding that the final plat will be submitted to the City Council shortly before the next City Council meeting. Egan moved, Thomas seconded the motion to approve the construction subject to Ordinance require- ments and that no occupancy of the residence will take place without the installation of municipally approved utilities. All voted yes. OVERVIEW &STATES A request has been made by Barton Dunn, the developer of Overview Estates Addition that the City Council approve waiving the letter of credit for the off -site improvements and the assessments in order to allow Joe Miller Con- struction, which is proposing to buy the remaining undeveloped lots owned by the Dunns and to proceed without further delay. It was noted that the sub- division is a depressed subdivision due to the high assessments levied against it and the fact that the development has not proceeded to the present time. Egan moved, Smith seconded the motion to authorize the reduction of the letter of credit with the understanding that park dedication fees will be made by the - developer of the subdivision. All voted in favor. CITY STREET LIGHTING A report was submitted by Tom Colbert covering proposed installation of street lighting in numerous locations in the City, noting that the 1982 Budget allows $7,000.00 for these installations throughout the community. In view of the criteria for prioritizing the request, including the traffic patterns, road conditions, and the intersection of county road and collector streets, and also noting the various costs anticipated for the installation of the street lights. Smith moved, Wachter seconded the motion to authorize the staff to prioritize the street light location to stay within the $7,000.00 budget authorized for 1982 and to submit the prioritized locations to the City Council for final approval. All voted in favor. 15 06247 Council Minutes September 7, 1982 OVERHILL FARKS 1ST ADDITION Mr. Colbert stated that a request has been submitted by the developer of the Overhill Farm 1st Addition for land surveyor's Certificate of Correction because of signature error on behalf of the owner of the subdivision at the time of the final plat approval. Egan moved, Wachter seconded the motion to approve the request and authorize the execution of the necessary documents. All voted in favor. BURNSV WATER TREATMENT PLANT TOUR Mr. Colbert scheduled a tour by City Council members and other interested persons of the Burnsville Water Treatment Plant for Friday, September 10, 1982 at 7:30 a.m. CHECKLIST Wachter moved, Egan seconded the motion to approve the following Checklist dated: September 7, 1982 All voted in favor. Upon motion duly made and seconded, the meeting adjourned at 11:30 p.m. PHH n r S, 6ec r r J 16