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10/05/1982 - City Council Regular00264 MINUTES OF A REGULAR FETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA OCTOBER 5, 1982 A regular meeting of the Eagan City Council was held on Tuesday, October 5, 1982 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and City Councilmemberes Smith, Wachter, Thomas and Egan. Also present were Public Works Director Colbert, Consulting Engineer Rosene, City Administrator Hedges and City Attorney Hauge. AGENDA Upon motion by Egan, seconded Wachter, it was resolved that the Agenda be approved as revised. All voted in favor. Upon motion by Wachter, seconded Egan, it was resolved that the Minutes from the September 21, 1982 regular meeting be approved with the exception that the Eagles Nest Home issue was continued until the Planned Unit Develop- ment meeting in November; further, on page 10 that the motion regarding the curbing on Pilot Knob Road, that Wachter moved and Smith seconded the motion. All voted in favor. FIRE DEPARTMENT City Administrator Hedges reported that he met with members of the Eagan Volunteer Fire Department Relief Association concerning the proposed Relief Association's package and that the members voted 35 to 5 to retain the same plan as requested by the Relief Association members. After discussion con- cerning the special meeting that had been held between the City Council and the Association members on September 30, Wachter moved, Thomas seconded the motion to request that the representatives of the Association return to the Council for further negotiation and that the staff acquire further information for proposed settlement prior to the meeting. Those in favor were Wachter and Thomas. Those against were Smith, Egan and Blomquist. Councilman Egan then suggested that the Association make a proposal to the Council. Blomquist moved, Egan seconded the motion that the City Administrator Hedges and a representative of the Association attempt to negotiate a proposal and to return that proposal to the City Council. All voted in favor. POLICE DEPARTMENT Councilman Wachter, as did other members of the Council, commended the Police Department for its high percentage of arrests in relation to charges and for the excellent job done by the Police Department in this respect in recent months. OC 265 City Council Minutes October 5, 1982 GALA%IE /BLACKHABK - CLIFF ROAD TRAFFIC SIGNAL INSTALLATION Mr. Colbert reviewed the proposal submitted to the City concerning the need for installation of traffic control and traffic signalization at the intersection of Cliff Road and Galaxie /Blackhawk Road. He noted that Cliff Road traffic volume is steadily increasing. It is anticipated Galaxie Avenue upgrading will be completed by approximately November 1st, and that other reasons could warrant the installation of the signals. The cost participation was also discussed noting that the City would pay 50% with $12,500.00 in Phase One and $40,000.00 in Phase Two of the signalization. Councilman Smith stated that his opinion was that until the freeway is constructed, that there is very minimum use by the citizens of Eagan at this intersection and the cost does not warrant the installation in relation to need. He also cited a number of other locations that had higher priority and suggested further review at a later time. The matter was continued until later in the meeting. CONSENT AGENDA The following consent agenda items were submitted for consideration and recommended for approval. 1. Safari at Eagan Erosion Control. It was recommended that the City staff perform the necessary clean up and restoration to eliminate present erosion problems within the Safari at Eagan subdivision and to bill the de- veloper through its bonding company for all costs incurred. 2. General Election Judges. It was recommended to approve the list of additional election judges for the General November 1982 Election as presented to the Council. D 82 -17 3. Cedar Bluff Townhomes Revenue Bonds. The firm of Miller & Schroeder has submitted a letter notifying the City that the Cedar Bluff Townhouse $9,000,000.00 multi - family mortgage revenue bond issue has been withdrawn from further consideration from the Minnesota Housing Finance Agency. The reason for the withdrawal is due to the fact that the developer is not willing to commit the $180,000.00 as a project committment. Andrea Lubov of Miller & Schroeder was present and explained the withdrawal to the City Council. It was recommended that the Council approve the withdrawal of Cedar Bluff Town- house bonding covering the multi - family mortgage revenue bond application that was submitted to the MHFA. Upon motion by Egan, seconded Thomas, it was resolved that the foregoing Consent Agenda items be approved as recommended. All voted in favor. PROJECT #297R - BLACKHAWK LAKE TRUNK STORM SEWER HEARING Mayor Blomquist convened the public hearing regarding three parcels within the Blackhawk Trunk Storm Sewer project. Mr. Colbert introduced the project and he noted that this is a revised project with four parcels involved consisting of Mr. and Mrs. Floyd Bryant, David Ashfeld, James Horne and Horne Development Corporation having been excluded from the notice of the original hearing. Mr. Colbert explained the project and briefly reviewed the prelimi- 2 OU ZGG City Council Minutes October 5, 1982 nary report with the council. Mr. and Mrs. Horne were present and Mr. Horne objected to the project, indicating no benefit to the Horne property. He requested the City supply him with a number acres expected to drain through the Horne property from the Fish Lake Trunk, but Mr. Colbert indicated that the Horne property is not affected by that trunk. There were no other objec- tions. After discussion, Egan moved, Smith seconded the motion to close the public hearing for Project #297R, to approve the project, to receive the final assessment roll and schedule a final assessment hearing to be held on November 9, 1982 at 7:00 p.m. at City Hall. All voted yes. PROJECT #361 - WESCOTT ROAD SANITARY SEWER The public hearing regarding the application of several developers repre- senting approximately 200 acres of land for a feasibility report regarding trunk sanitary sewer in the general Lexington Avenue area, south of Wescott Road was next convened by Mayor Blomquist. Mr. Colbert briefly introduced the project and the City Engineer, Bob Rosene, explained the proposed project in detail. The preliminary report had been submitted for the Council's review and there were questions from certain persons present as to the area intended to be covered by the assessments. Tom Bergin of Deerwood Drive questioned whether his property would be benefited by the project. Floyd Bosshardt, representing the Methodist Council, indicated that a new Methodist Church is planned on Lexington Avenue and spoke in favor of the project. Councilman Smith was concerned about access, including easements over the McCarthy pro- perty and indicated that the City should not be required to pay the excessive costs for acquisition in the event that such is necessary. Rod Hardy of Sienna Corporation appeared on behalf of Lexington South and indicated that Lexington South will pay its fair share of the utility costs and that it has a financial interest in the area and needs to move ahead with development as soon as possible. Several purchasers of property were present and supported the proposal. It was suggested the City and the developers attempt to nego- tiate the necessary easements for the installation of the improvements. After lengthy discussion, Wachter moved, Smith seconded the motion to close the public hearing for Project #261, to approve and order in the project, and further to authorize the preparation of plans and specifications; further, however, it is understood that no contract will be awarded by the Council until all necessary easements are acquired or are assured and the costs allo- cated and the final assessment roll has been prepared; it was further under- stood that a determination should be made by the City staff and returned to the Council as to the source of funding necessary for the acquisition of any easements required for the project. All voted in favor. PROJECT #364 - BRITTANY 4TH ADDITION A petition has been received from the developer for improvements in Brittany 4th Addition and the Mayor convened the public hearing regarding the proposed improvements. Both Mr. Colbert and Mr. Rosene explained the project in detail and William Dolan, developer was present. He indicated that there had been no request for water services and asked that they be eliminated and also had questions concerning water line improvements and the proposed assess- ments. The Council then suggested a continuance of the hearing in order to review the water installation more fully, but Mr. Dolan requested the project 3 City Council Minutes October 5, 1982 proceed and he indicated the owners and developers will agree to the necessary assessments for the installation of the water line. Egan moved, Wachter seconded the motion to close the hearing, to order in the project, and to authorize the preparation of plans and specifications for the project in- stalled by the City, noting that the project does not include the installation of water services, and with the understanding that the developer will waive any objection to assessments necessarily benefitting the property. All voted in favor. PROJECT #365 - NORTHYIEW MEADOWS FIRST ADDITION,- TRUNK WATER & SEWER The hearing regarding Project #365 was convened by Mayor Bea Blomquist and she then turned the hearing over to Mr. Rosene who explained the project to the Council. He reviewed the preliminary report that was dated August 31, 1982 and answered questions from property owners who were present. A number of the adjacent property owners objected to the project and to the assessments because of what they termed was an excessive amount of assessments. Mr. Rosene explained the need to loop the water line for purposes of pressure and fire protection to Dodd Road. Mr. Wachter suggested that the water lateral assessments not be levied along Diffley Road from Sheffield Addition to Dodd Road but that such assessments be continued until hook -up takes place by the property owners. The property owners affected agreed with the continuance of the assessments and Wachter then moved, Egan seconded the motion to close the hearing, to approve Project #365 for the installation of trunk water main and sanitary sewer through Northview Meadows First Addition area; that it was understood that the property lying east of Sheffield Addition to Dodd Road, not be assessed at the present time, but such assessments be deferred until such time as the property is developed, connected, or requested for connection with assessments levied at the then existing rate. All voted in favor. CINNAMON RIDGE ADDITION Mary Teska appeared and indicated that the City has been attempting to determine the location of a gas line near the newly constructed road in Cinnamon Ridge Addition. She stated that very recently the location has been determined and there was very nearly a mishap by the road contractor in approaching the gas line. Because of the potential danger involved, Egan moved, Blomquist seconded the motion to direct the City Administrator to contact the appropriate authorities for a complete explanation concerning the actions relating to the construction in the area of the pipeline. All voted in favor. CABLE T.Y. - REQUEST FOR PROPOSALS Mr. Hedges reviewed with the City Council the recent action of the Joint Burnsville /Eagan Cable Television Commission in preparing of a request for proposals to potential cable franchise companies. The Joint Commission adopted the proposals on September 23, 1982 and the Burnsville City Council adopted the RFP on October 4, 1982. Tom Creighton, attorney for the Joint Commission was present and answered questions of the council concerning the proposals. A copy had been distributed with the Council packet. Jim Smith briefly reviewed the status of the Commission and the progress dates provided 4 X268 City Council Minutes October 5, 1982 in the proposal and ultimately for construction and implementation of the cable system. It was indicated that hopefully the construction would begin in late Spring of 1983. After discussion, Smith moved, Thomas seconded the motion to approve the Request for Proposals as recommended for approval by the Joint Burnsville /Eagan Cable Commission, authorizing solicitation and adver- tisement of the RFP so as to provide joint cable television service to the cities of Burnsville and Eagan. All members voted yes. R 82 -47 ODELL'S ADDITION - PRELIMINARY PLAT The application of David and Patricia Odell for preliminary approval of Odell's Addition consisting of one acre containing two single family lots was then considered by the Council. The City Council at the September 21 meeting had requested a legal interpretation as to certain issues that were raised at that meeting. The Advisory Planning Commission recommended denial of the application and the Council reviewed with City Attorney Paul Hauge, a letter addressing certain issues raised by the Council. These included the restric- tions and covenants, the potential for Estate zoning of the property, whether the applicant has fulfilled minimum requirements of the Subdivision Ordinance, questions regarding the subdivision and existence of prior structures on new lots and also the over -sized garage existing on the present lot. Mr. Dan Beeson, attorney for the applicant was present, as were the applicants and also a number of objecting property owners, including Terry Votel. Mr. Beeson indicated that in his opinion, the ordinance authorized the approval of the application and stated that it would be cost prohibitive to move the garage, which he indicated is a non - conforming use. Mr. Votel covered certain issues, including the covenants, which he indicated are still in existence; he suggested the Council propose a condition on the Odells to bring a Declaratory Judgemnt action to determine the validity of the restrictions; that the garage is a non - conforming use and it would be inadvisable planning to allow a house where the garage has its present location; further, that the garage is within the 30 foot setback from the front lot line and he strongly opposed the application on behalf of residents. Other neighboring residents in the sub- division indicated that the property owners had a right to rely on the cove- nants in the subdivision; further, that the Odells bought the lot in order to subdivide it and to make a profit from the sale of the additional lot; that the owners have a right to privacy; that the Council has discretion in de- termining whether to approve such a plat so far as planning is concerned and requested denial of the application. Councilman Egan stated that if the subdivision were allowed, there would be a misuse of the non - conforming use and also objected to the subdivision of the property being accomplished purely for economic reasons; that the approval of the application would be aesthetically displeasing to the area; that the property owners have had a right to rely on the lots as they were originally platted and that the restrictive covenants appear to still be in effect in that there is no indication that they no longer are ineffective; further, the Advisory Planning Commission recommended denial of the application for reasons indicated in their Minutes. Egan then moved and Wachter seconded the motion to deny the application for reasons including those above and the fact that to approve the application would create a new non - conforming use which is not permitted under the applicable Eagan ordinance, noting that the garage is a principal building because of its size, the 5 69 City Council Minutes October 5, 1982 fact that the property owner indicated that it is cost prohibitive to move the building and that it would be situated in a front yard that would not conform with the setbacks from streets; further, subject to the preparation of Findings of Fact and Conclusions of Law to be submitted to the City Council for approval at its next regular meeting. Council Wachter indicated that he favored the motion in that the owners bought their lots or homes and assumed that lots would be retained at the same size, density and uses as had been provided under the Covenants and Restrictions relating to the subdivision. All members voted yes. SEE PLAT FILE SHEFFIELD ADDITION - PRELIMINARY PLAT The application of Gabbert Development, Inc. for preliminary plat approval of Sheffield Addition consisting of 11.36 acres, containing 44 single family lots was then reviewed by the council. The application had been heard by the City Council on September 21 and the recommendation from the Advisory Planning Commission to approve the preliminary plat was given consideration. The Council then had a number of concerns with reduction in lot size and requested that the developer and the staff reconsider the lot sizes and increase the lot frontages to at least 60 feet per lot as indicated in the Resolution of the September 21 meeting. Wallace Gabbert was present and Councilmembers indicated there was no substantial changes in lot widths. It was further noted that a number of lots were less than 60 feet at the front lot line and Councilman Egan who made the earlier motion, indicated that it did not conform with the Council directive. Wachter moved, Egan seconded the motion to deny the application for preliminary plat, based upon the fact that the lots did not conform with the widths requested by the Council which requires a variance in excess of what the Council determined to be adequate planning; it was further understood that the applicant could resubmit its application to the City for further review by the Planning Commission and Council. Mr. Gabbert indicated that the two plans submitted provided for all lots at the building setback line of a minimum of 60 feet and requested approval of the application. Those in favor were Blomquist, Wachter and Egan. Those against were Smith and Thomas. Mr. Rod Hardy was present on behalf of the seller, Lexington South, and requested a written explanation of the basis for the council's action. SEE PLAT FILE MAYOR BLONQUIST'S BIRTHDAY The Council, together with other persons present, celebrated the birthday of Mayor Blomquist and offered good wishes to the Mayor. LEXINGTON PLACE - PRELIMINARY PLAT An application of Orrin Thompson -U. S. Homes for extension of time for submission and approval of the final plat of Lexington Place was considered by the Council. The matter had been continued from the September 21 meeting. Bob Carlson of Thompson Homes was present and he stated that screening is being installed on Cliff Road adjacent to Ridgecliffe and that an attempt is being made to resolve the location of farm equipment on a neighboring owner's 0( 0 City Council Minutes October 5, 1982 property. Wachter moved, Thomas seconded the motion to approve the request for extension of the time to submit the final plat of Lexington Place. All voted yes. SEE PLAT FILE REVISED SUBDIVISION ORDINANCE Upon motion by Blomquist, seconded Egan, it was Resolved to continue discussion of the proposed revisions to the Subdivision Ordinance until the next regular meeting. All members voted yea. 1983 K LL RATS The Director of Finance has prepared the final tax levy as recommended for 1983 which totals $2,967,861.00. An addition of approximately $40,000.00 for City Hall Bond Issue Retirement was also discussed with the net mill rate reduction of .231 mills and a proposed final tax levy of $3,005,761.00. Thomas moved, Wachter seconded the motion to approve the general property tax levy payable in 1983 as presented and authorize the City Clerk to certify the same to the Dakota County Auditor. All voted yes. R 82 -48 VIND ENERGY ORDINANCE The Council next renewed its discussion concerning the Wind Energy System and Radio T.V. Tower Ordinance last presented at the September 7, 1982 meet- ing. At that time questions were raised concerning the structural strength of the windmill base and the language regarding a professional engineer's inspec- tion of the windmill. A report from Administrative Intern Mike Johnson was submitted concerning his contacts with the Jacobs Windmill dealer and made suggested changes to the Ordinance. Certain other changes were discussed and Wachter then moved, Thomas seconded the motion to approve the Ordinance as revised to include changes recommended with the understanding the staff will review them to determine whether they are in conflict with any other ordi- nances. A resident of the City appeared and made certain. additional recom- mendations for changes which will be submitted to staff for redraft. All voted in favor. SEE ORDINANCE BOOK PEACE RWORHED CHURCH - BUILDING ADDITION Peace Reformed Church representatives had approached the City Planner regarding a plan to expand the present church facility located on Nicols Road by adding a general meeting room and an area which could be used for activi- ties related to the church. Because the property is not zoned Public Facili- ties, and the fact that the church has purchased property across Nicols Road for a new Church facility, the Planner and City Administrator requested the Council direct the procedures to follow concerning expansion plans. There were no representatives from Peace Reformed Church and the Council continued the matter until later in the meeting. 7 0671 City Council Minutes October 5, 1982 BLACRHAWK OARS PRELDUNARY PLAY REZONING The application of Paul Larson for rezoning from A (Agricultural) to PD (Planned Development) and preliminary plat approval of Blackhawk Oaks Addition was next considered. The project consists of townhouse and single family lots. The Advisory Planning Commission meeting of September 28, 1982 on a re- hearing regarding the proposal recommended approval of a 12 unit townhouse dwelling and 10 single family lots. The townhouse unit is to be in the northwest corner of the parcel. Mr. Larry Frank and Mr. Larson were present. Mr. Frank discussed the two new proposals including the Advisory Planning Commission's recommendation. There had been negotiations with Cy Barry for the half right -of -way on the north side of the parcel and he stated that if unsuccessful, they may have to move the right -of -way south. There was discus- sion concerning access to Blackhawk Park and Mr. Frank indicated that he felt that it was not feasible because of terrain to create such access. In addi- tion, single family use is not practical because of the large amount of grading necessary. After further discussion, Thomas moved, Smith seconded the motion to approve the application from A (Agricultural) to PD (Planned Devel- opment) with underlying Agricultural zoning and for preliminary plat approval, including the 12 townhouse units in the northwest area, subject to the follow- ing conditions: 1. That a planned development agreement and development agreement be executed prior to the final plat approval of Blackhawk Oaks. 2. Homeowner's association declarations and by -laws shall be reviewed by city staff prior to final plat approval. 3. A landscape plan shall be submitted and reviewed for the townhouse portion of Blackhawk Oaks and an adequate landscape bond shall be provided and not released until one year after the landscaping has been completed. 4. Adequate right -of -way shall be dedicated to the City with the final plat in order to provide a sixty foot right -of -way for the extension of Riverton Drive or Silver Bell Road extension. 5. No more than 12 townhouse units and 10 single family lots shall be allowed for this development proposal. 6. The plat shall be subject to the park dedication fees as requested by the Advisory Park Committee and that bike trail be dedicated at a minimum of 25 feet as requested by the City along the North line. 7. All easements shall be dedicated as requested by City staff. 8. Internal storm sewer lateral facilities will have to be extended to its ultimate outlet into Blackhawk Lake. 9. Internal private drive shall be a minimum 24 feet in width with concrete curb and gutter. D City Council Minutes October 5, 1982 10. A 40 foot half right -of -way should be dedicated for Blackhawk Road as a part of the final plat. All voted in favor. SEE PLAT FILE R 82 -49 BRITTANY FOURTH ADDITION - FINAL PLAT The application of William Dolan for final plat approval of Brittany Fourth Addition consisting of Outlot A, Brittany 1st Addition was then con- sidered by the Council. William Dolan was present and upon motion by Egan, seconded Thomas, it was resolved that the application be approved subject to complying with all city requirements. All voted yea. SEE PLAT FILE OAKWOOD HEIGHTS FINAL PLAT R 82 -50 The application of Countryside Builders, Inc. for approval of the final plat of Oakwood Heights Addition was then brought before the Council. Mr. Jerry Lagro was present and there were no objections. Upon motion by Smith, seconded Wachter, all voting yes, it was resolved that the application for final plat approval be approved, subject to compliance with all city require- ments and the Mayor and Clerk were authorized to execute all related docu- mPnta_ E.L. MURPHY - I.R. FINANCING SEE PLAT FILE R 82 -51 The request of E. L. Murphy Trucking Company for a one year extension for preliminary resolution regarding industrial revenue financing for their pro- ject was considered by the Council. Upon motion by Egan, seconded Thomas, it was resolved that the request be approved based upon adverse economic condi- tions. All voted yes. SEE BOND FILE CONTRACT #82 -13 BRITTANY FOURTH ADDITION A SAFARI RESERVOIR TRUNK WATER MAIN Mr. Colbert stated that the plans and specifications for Contract #82 -13 have now been prepared and recommended the Council approve them, noting that the City has now ordered in the Project and the trunk water main plans have now been prepared for the Safari 4.0 M.G. water reservoir. Upon motion by Smith, seconded Egan, it was resolved that the plans and specifications for Contract #82 -13 be approved and that the Clerk be authorized to advertise for bids with the opening to be held at 10:30 a.m. on October 27, 1982 at the City Hall. All voted yes. SIGFRID STREET - STOP SIGN PETITION A request of owners at the intersection of Sequoia Drive and Sigfrid Street was presented to the Council and three property owners were present. They stated that there are serious traffic problems with potential danger to children due to speeding at that intersection and requested stop signs at each corner. Councilmembers stated that police squad cars have been asked to be posted at intersections of that nature and they have been quite successful in reducing the speeding at those locations. After discussion, Smith moved, J� " City Council Minutes Octcober 5, 1982 Wachter seconded the motion to request that police squad cars be located at the intersection of Sigfrid and Sequoia over a period of two weeks periodi- cally and that an attempt will be made to solve the speeding problem with a report to be submitted to the City Council at the next regular meeting. All voted yes. FEDERAL STREET AND WASHINGTON DRIVE - STOP SIGN REQUEST A request from Comsery Corporation for stop signs at the intersection of Federal Drive, Washington Drive and Surrey Heights Drive because of the inter- section of the commercial and residential areas was submitted for council consideration. The staff in this case recommended approval of the stop signs because of the left turns being made from the residential area on Surrey Heights Drive and the right turns from Washington Drive. Upon motion by Smith, seconded Wachter, it was resolved that the request for three stop signs at those intersections be installed by the Maintenance Department. All voted yes. GALAXIE /BLACKRAW[ ROAD - CLIFF ROAD TRAFFIC SIGNALS The Council again considered the proposal to locate traffic signals at the intersection of Galaxie Avenue /Blackhawk Road on Cliff Road, which had been considered earlier in the meeting by the Council. Because of the very high cost, some Councilmembers could not warrant it at the present time, stating that other locations are perhaps more important, as far as safety is concerned. Blomquist moved, Egan seconded the motion to continue considera- tion of the proposal for the installation of the signals until I -35E is under construction. All voted in favor except Wachter who voted against. MAJOR INTERSECTION STREET LIGHTING INSTALLATIONS The Public Works Director submitted a priority proposal for street light locations in the City consisting of 19 locations and requested action on behalf of the City Council. He stated that cost figures have now been re- ceived from Dakota Electric and Northern States Power Company. After review, Blomquist moved, Egan seconded the motion to install street lights at the ten top priority locations at the earliest possible time, with the understanding that during 1983, when the list of proposed intersection street light install- ations is submitted, that the total energy cost for all existing street lights be submitted at that time. All voted yes. CONTRACT #82 - - CHANGE ORDER #1 - CINNAMON RIDGE THIRD ADDITION A request was received from Zachman Homes, the developer of Cinnamon Ridge Third Addition indicating that they would not complete the grading in accordance with the approved plan submitted under Contract #82 -7 and after negotiations, the staff recommended deletion of $19,520.00 from the contract. It was understood the contractor would submit a claim for $6,000.00 because of the modification with a resulting $13,500.00 deduct change order. Upon motion by Egan, seconded Wachter, it was resolved that Change Order #1 to Contract #82 -7 in the amount of a net deduct of $13,520.00 be approved with the under- standing that the developer -owner will waive any objection to assessments 10 0 (3 2'x'4 City Council Minutes October 5, 1982 coverng the revision, including any penalty involved at the current time and any further assessments due to additional costs involved at the time of the improvements of these streets in the future. All voted yes. CONDITIONAL USE PEMT RENEWALS Upon motion by Egan, seconded Wachter, it was resolved that the following Conditional Use Permit renewals be approved: 1. Alfred Wiger, 780 Blue Gentian Road, for a group therapy facility. 2. Orvilla Homes, 3430 Wescott Hills Drive, for a group home. All voted yea. PEACE REFOR14ED CHURCH The request of Peace Reformed Church for direction regarding an addition to the church on Nicols Road was, upon motion by Egan, seconded Thomas con- tinued until the next meeting because of lack of appearance on behalf of representatives of the Church. All voted in favor. NUISANCE ORDINANCE A proposed Nuisance Ordinance submitted for Council review was upon motion by Egan, seconded Thomas, continued until the next regular meeting. All voted in favor. SPECIAL COUNCIL FETING A special meeting of the Eagan City Council was scheduled for 7 :00 P.M. on Tuesday, October 12, 1982 at the City Hall to cover miscellaneous City items. In addition, the regular meeting scheduled for November 2, 1982 was rescheduled to November 9, 1982 at 6:30 p.m. at the City Hall because of the general election held on November 2, 1982. M9TRAM PROPERTIES - SILVER BELL ROAD Mr. Colbert reviewed with the Council a request on behalf of Metram Properties for access to a triangular parcel of property on the north side of Silver Bell Road lying west of the Manitou Townhouse project. It was noted that Metram properties inadvertently left out access from Silver Bell Road and two choices appeared to be available: 1. To authorize the City to condemn an access across a portion of private street owned by the Manitou Townhouse Association. 2. Improvement of a portion of Robin Lane to the north with the exten- sion of the proposed development northerly to Robin Lane, with access to Blackhawk Road. 11 City Council Minutes October 5, 1982 0(J Z'7 It was noted that the Manitou Townhouse Association Board has refused to grant access across the private street and councilmembers suggested further negotiations with the Association with a report to the City Council. CHECKLIST Upon motion by Egan, seconded Wachter, the following checklist was approved dated: October 5, 1982. All voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:30 p.m. All voted yea. PHH Dated: October 5, 1982 , Secr ry 12