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03/15/1983 - City Council Regular 00056 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 15, 1983 A regular meeting of the Eagan City Council was held on Tuesday, March 15, 1983 at the Eagan City Hall. Present were Mayor Blomquist and City Council members Smith, Thomas, Egan and Wachter. Also present were City Administrator Hedges, Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. AGENDA Upon motion by Wachter, seconded Egan, it was resolved that the Agenda, as prepared, be approved. All voted in favor. MINUTES Egan moved, Wachter seconded the motion to approve the minutes of the March 1, 1983 meeting. All voted yes. FIRE DEPARTMENT City Administrator Tom Hedges reported that the Fire Department represen- tatives requested a special meeting with the City Council to discuss the increase in the number of firefighters from 68 to approximately 79. Informa- tion was distributed in the packet concerning the request for additional firefighters and a workshop was scheduled for that purpose for March 24, 1983. POLICE DEPARTMENT Mr. Hedges then reported that Police Chief Martin DesLauriers has sub- mitted his resignation as the Police Chief for the City of Eagan having been with the Police Department as the Town Constable, Policeman-and Police Chief for approximately 31 years. He noted that Mr. DesLauriers is planning for some other objectives and that the City Administrator has outlined some steps regarding a replacement. Thomas moved, Smith seconded the motion to accept the resignation, with reluctance, effective April 30, 1983 and that the Administrator be directed to prepare guidelines for securing a replacement for the Chief. All voted yes. 1 00057 Council Minutes March 15, 1983 PUBLIC WORKS DEPARTMENT Public Works Director Tom Colbert reported. 1. 1983 Capital Outlay Allocation Adjustment for Street Patching Equip- ment. Mr. Colbert reported that when the 1983 Budget was being prepared, an authorization was approved for a "hot mix asphalt tail gate paver" to be attached to an existing dump truck but the estimate of $1,800.00 has turned out to be well below the expected cost of about $9,100.00. Several alternates were discussed and Smith moved, Egan seconded the motion to continue con- sideration of the issue until the staff acquires additional information and submits it to the Council concerning anticipated costs, including savings, in the event that the equipment is purchased by the City. All voted yes. 2. Building Occupancy Permit. A request has been received from Gerald Tank of Sperry Corporation requesting that the Council approve a temporary occupancy permit prior to final plat approval, noting that Sperry will pursue, as quickly as possible, completion and approval of the final plat. Smith moved, Wachter seconded the motion to approve the temporary occupancy permit, for a period of 90 days, subject to compliance with all other ordinance requirements. All voted yea. CONSENT AGENDA The following consent agenda items were submitted for consideration by the Council. 1. St. John Neumann Temporary 3.2 Beer License. An application from Robert Brezinski for temporary non-intoxicating 3.2 beer license for St. John Neumann Church for March 19, 1983 for a dance event was recommended for approval. 2. Cable T.V. Public Hearing. It was recommended that through the Joint Burnsville/Eagan Cable Television Commission which met on March 3, 1983, that hearings be scheduled for the City of Burnsville on April 4, 1983 and further, recommended that the City Council schedule a hearing for the City of Eagan for April 5, 1983 at 7:00 p.m. at the City Hall to consider the Joint Burnsville/Eagan Cable Television Bid proposal. 3. Contract 482-14, Change Order #1. It was recommended that Change Order #1 to Contract #82-14 consisting of the Safari 4.0 M.G. Water Reservoir (Project #366-II) for a deduct of $8,440.00 regarding cathodic protection to be provided with the reservoir, be approved. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing Consent Agenda items be approved, and they be implemented by the staff. All voted in favor. 2 Council Minutes March 15, 1983 RIVERGATE TOWNHOUSE STORAGE SHED - BUILDING PERMIT A request from the owners of Rivergate Townhouse Project for a building permit for construction of a 214 foot x 24 foot storage building, adjacent to Letendre Street was presented to the Council. There were concerns by Council members that the exterior fit into the other buildings in the immediate area including the exterior design and appearance. Upon motion by Wachter, seconded Smith, it was resolved that the.application be approved, subject however, to determination by the staff that the building will be compatible with the other surrounding buildings. All voted yes. MENDOTA INTERCHANGE PROJECT A resolution from the City of Mendota Heights requesting Mendota Inter- change Project be included in House File #60 was discussed by the Council. After discussion, upon motion by Egan, seconded Smith, it was resolved that the Council approve a Resolution requesting Mendota Interchange Project be included in Minnesota House File #60 in the 1983 Legislative Session. All voted yes. R 83-10 HOUSING PLAN MODIFICATION HEARING Mayor Blomquist convened a public hearing concerning modifications to the housing plan, utilizing Dakota County HRA for a senior citizen first-time home buyer program. The program would authorize mortgage money available in Eagan and West St. Paul with a senior citizen unit in West St. Paul and single family housing mortgage revenue bond financing in Eagan and West St. Paul. Mr. Hedges reviewed the background of the project and Carol Schultz, the Executive Director of the Dakota County HRA was present as was Dan Nelson, attorney with Holmes and Graven. It was noted the Wilder Foundation may be interested in being the developer for the senior citizen unit. There were no objections and upon motion by Egan, seconded Thomas, it was resolved that the Council approve the modifications to the Housing Plan as presented by the Dakota County HRA. All voted yes. FISH LAKE ADDITION - PRELIMINARY PLAT The application of Reliance Builders and Dan Rognrud for preliminary plat approval of Fish Lake Addition was again presented to the Council. At the February 15, 1983 meeting, there was considerable testimony following earlier recommendation of the Advisory Planning Commission that the application be denied for reasons included in the minutes of the Planning Commission. Tom Hedges again reviewed the history and stated that there is a great deal of written material, including background regarding Pilot Knob Heights Planned Development and current information submitted by interested neighboring property owners, the proposed developer, and by City staff. Mayor Blomquist 3 0009 Council Minutes March 15, 1983 stated the property had been rezoned in 1981 to Public Facilities, that notice had been published in the newspaper concerning the rezoning to Public Facilities for park purposes, that the property is now being examined by Park Consultant, Tim Irrkela for possible development for park purposes, the fact that there is strong neighborhood interest in the need for a park in the location, that the location appears to be appropriate for park purposes being on Fish Lake, and in an area where there is very little land designated for open park space, that the City has considered the property for park use in recent years, having maintained the property, and the neighbors considered it to be used for park use and favored the continuing designation for park land. Councilman Smith stated that certain assessments have not been levied against the parcel that ordinarily would be levied had it intended to be used for residential development purposes; that Dan Rognrud, the current proposed developer, was involved in the PUD process of Pilot Knob Heights Addition in 1975 and should have been aware of the fact that the parcel was intended and could be used as park land; further, that there appears to be no showing that the land was intended for development through recent years, including the annual renewals of the planned development and that the City and property owners relied upon the use of the land for open space purposes. Mr. Norman Steimer was present and stated that he purchased the property in 1978 for development of townhouses, that he talked with members of the City staff, he had plans developed and worked with the Contractor and acquired a bid for the project at that time. He noted that the cost was too high and abandoned the project at that time. Mr. Steimer stated that he was not aware of any change in the zoning to Public Facilities and he also was not aware that it was necessary to be involved in the annual review of the planned development. Mr. Rognrud was not present, however, legal counsel for Mr. Rognrud was present in the audience later in the meeting. A number of interested neighboring property owners were present at the meeting. After extended discussion, Egan moved, Thomas seconded the motion to deny the application for preliminary plat approval and further, to direct the staff to proceed to take all steps necessary to designate the property for park purposes, according to the intentions of the City and the history that has been presented to the Council and further, according to a Resolution to be prepared by the staff and presented and approved by the City Council at the next regular meeting, outlining the background and steps involved in the acquisition of the land for park purposes. All voted in favor. YANKEE SQUARE INN - FINAL IR FINANCING The application of Yankee Square Inn Partnership for industrial revenue financing in the amount of $3,325,000.00 for the construction of a motel in the Yankee Square Bicentennial Addition was then presented to the Council. Mr. Hedges discussed the action of the City Council at the last regular meeting and reviewed a letter from Mary Ippel, attorney from Briggs and Morgan, analyzing some of the questions of the Council from the last meeting, and a letter from Paul Ekholm of Miller & Schroeder. Councilmembers were 4 Council Minutes March 15, 1983 concerned about the conversion of the letter of credit after the seven year initial financing period, the fact that no principal will be paid during that initial seven years, and also had questions regarding sale of the bonds to private investors. After discussion, Smith moved, Thomas seconded the motion to approve the final resolution for the Yankee Square Inn Partnership Project for industrial revenue financing in the sum of $3,325,000.00, based upon the assurances submitted by Bond Counsel, the Fiscal Consultant for the City, Miller & Schroeder, and other information acquired by the Council. All Councilmembers voted in favor. SEE BOND FILE OPUS - GRADING PERMIT APPLICATION - I-35E An application has been submitted by Opus Corporation for grading permit for the placement of approximately 600,000 cubic yards of material generated from the construction of I-35E & Lone Oak Road Interchange. There was also a request from Enebek Construction Company for a variance from the City's exca- vation permit hours of operation to allow a double shift beginning at 6:00 a.m. through 10:00 p.m. for a period of six to eight weeks beginning March 16, 1983. The matter had been continued from the last regular meeting and Mr. Colbert reported that on March 2, a neighborhood meeting was held at the City Hall, including six of nine affected property owners. Several property owners were also present at the Council meeting and it appeared that there were no objections to the proposal. There were concerns by Councilmemebrs that the roads be kept open for emergency vehicles. Wachter moved, Thomas seconded the motion to approve the application for grading permit, subject to the following conditions: 1. All manhole structures for the Eagandale Blvd. trunk storm sewer utility line must be adjusted to final grade by the applicant as finally approved by the City. 2. The applicant shall be held responsible for any and all damage to existing utility lines that may result from the work authorized within this grading permit and the applicant shall undertake to assure such responsi- bility. 3. Compliance with all applicable City ordinances with the exception of the variance from the City's excavation permit hours of operation to allow a double shift beginning at 6:00 a.m. through 10:00 p.m. for a period of six to eight weeks beginning March 16, 1983. 4. The City may review the hours approved and may change the hours if it is determined by the Council that circumstances warrant a change. All voted yes. 5 00061 Council Minutes March 15, 1983 NAEGELE OUTDOOR ADVERTISING SIGN PERMIT The Council again discussed the Naegele Outdoor Advertising sign located on the Cedar Freeway between Diffley Road and Cliff Road. Julianne Bye of Naegele was present as were neighboring property owners from River Hills 9th Addition. Ms. Bye presented some slides showing some proposed new locations for the advertising signs and indicated the reasons why Naegele had requested that each of those locations not be considered and that the present location continue as the approved location for the sign. Naegele has agreed to lower the sign eight feet, recognizing that it has constructed a sign in excess of the Ordinance provisions in effect as of September 1982. Richard Decker, the President of the Park East Neighborhood Association, read a statement re- questing the City Council to order the sign be lowered, noting that the location is annoying to neighboring residents west of Cedar Avenue, that the original application designated the location differently than where it was actually constructed, and that the sign is 53 feet in height and at least 13 feet above the allowed ordinance provision; further, that the sign is alleged- ly located in the southwest corner of Section 30, rather than the northwest corner, as originally approved, and requested that the City hold Naegele in violation of the ordinance, under its misdemeanor provisions. Councilman Wachter suggested that the sign could be relocated and lowered somewhat so that it could be visible going south at proposed site C in the Naegele dia- gram. Mayor Blomquist cited safety concerns about crowding the field of vision with a highway directional sign. There was considerable discussion concerning the actual height of the sign and current provisions of the sign ordinance regarding height, compared with those in effect in September 1982. After further discussion, Smith moved, Thomas seconded the motion to direct the staff to require that Naegele lower the sign 10 feet from its present height in the present location, improving the aesthetic view of the sign and also bringing it into greater compliance with the sign ordinance. Those in favor were Smith, Egan and Thomas; those against were Wachter and Blomquist. SIGN ORDINANCE REVISION Council then discussed several proposed revisions to the sign ordinance under Section 4.20 of the City Code. Four options prepared by the City Attorney's office including the existing ordinance provision and three addi- tional options regarding determination of the permissible height for adver- tising signs, were reviewed and Option #4 appeared to be most compatible generally, with the Councilmembers. Mary Teske submitted several suggestions for revisions to the Sign Ordinance, and was also present and made comments regarding the changes. Councilmembers, however, requested that the applicants be required, in the case of advertising signs, to submit more detailed draw- ings and specifications, including terrain features and impact on surrounding residents for inclusion in that provision of the sign ordinance. Egan moved, Smith seconded the motion to direct the staff to revise the sign ordinance Section 4.20 regarding height of advertising signs to implement the 4th alter- nate to include, however, the provision mentioned above. All voted yes. In addition, the Council directed the staff to review the provisions of the ordinance regarding distances of advertising signs to residential areas, which information shall be submitted to the Council at a later time. 6 ooo6 Council Minutes March 15, 1983 COACHMAN HIGHLANDS - REZONING AND PRELIMINARY PLAT The application of Brutger Companies, Inc. and Wallace Johnson to rezone from R-4 to R-3 and for preliminary plat approval for Coachman Highlands Addition consisting of a 10.5 acre parcel on Lot 1, Block 3, Fox Ridge Addi- tion was next heard. Wallace Johnson was present, in addition to an Architect for the proposed project. It was noted that the project will provide for a reduction in density from the current allowable density and that the Planning Commission had recommended approval subject to certain conditions. The plat would include 70 townhouse lots and 1 lot owned in common by the proposed association. A looped private drive with two access points onto Coachman Road is provided and the private drive would contain approximately 0.71 acres with a net developable acreage on the site of 9.79 acres. After discussion, there being no objections, Wachter moved, Egan seconded the motion to approve the application for rezoning from R-4 to R-3. All voted yes. Then Egan moved, Smith seconded the motion to approve the application for preliminary plat, subject to the following recommendations: 1. A 40 foot setback shall be required along Coachman Road. 2. A 30 foot setback shall be required between dwelling units with the exception of the westerly 5 buildings which shall have a minimum 25 foot setback. 3. The garages shall have a minimum setback of 25 feet in order that the driveways be counted as off-street parking spaces. 4. Concrete curbing shall be required around the perimeter of the off- street parking. 5. A homeowner's association shall be established to control the over- all development and the bylaws and articles shall be reviewed by City staff prior to final plat approval. 6. A designated location shall be established with the preliminary plat for a sales office for this particular development. 7. A detailed landscape plan shall be reviewed and approved by City staff and an adequate landscape bond shall be required as part of the develop- ment contract, and this bond shall not be released until one year after the landscaping has been completed. 8. The development plan shall be subject to the Park Commission's recommendations and comments regarding the tot lot area and trail/sidewalk on the west side of Coachman Road and the 'ee for park dedication. 9. A development agreement shah! be entered into and signed prior to final plat application. 0G063 Council Minutes March 15, 1983 10. All easements shall be dedicated as requested by City staff. 11. If the internal utilities are installed privately, the plans and specifications for such utility installations shall be prepared by a registered engineer and submitted to the Engineering Division for approval. 12. To accommodate increased traffic resulting from this development, Coachman Road shall be upgraded to a 44 foot wide bituminous surface and concrete curb and gutter with an 8 foot bituminous trailway' constructed along the west side. 13. Internal through streets shall be 28 feet wide with concrete curb and gutter and the remaining streets shall be 24 feet wide with concrete curbing. 14. A blanket utility easement shall be required over the common area. 15. This development shall accept its responsibility for the assessment resulting from lateral benefit from trunk sanitary sewer at the rates in effect at the time of final plat approval. 16. The cost of providing sewer, water, storm sewer and streets within this development shall be the sole responsibility of this development. 17. The south access to Coachman Road shall be set back a minimum of 150 feet from the intersection of Coachman Road and Letendre Street. There was discussion concerning the upgrading of Coachman Road and the requirement of waiver of rights by the applicant to any objection regarding the assessment procedure for the upgrading of the road. It was also noted that there is a 25 foot minimum setback for garages, and the developer indicated there may be only 23 feet setback between certain garages. It was understood that the staff will work with the developer concerning those set- backs. All voted in favor. R 83-11 SEE PLAT FILE TIBERON FIRST ADDITION REZONING AND PRELIMINARY PLAT APPLICATION The application of Wilmus Family Properties for rezoning from R-1 and R-4 to R-1 Planned Development, and for preliminary plat approval of Tiberon First Addition, was next considered by the Council. The Planning Commission recommended approval at its regular February meeting. Mark Parranto and John Parranto appeared for the applicants and Mark Parranto reviewed the project. He noted that utilities and streets have been installed in what is currently Mallard Park First Addition and that lot lines will be changed, with the exception of one lot, which is not owned by the applicant. The average square footage of the lots will be about 11,000 square feet, and the utility ease- ments will be vacated along the former lot lines. A letter from attorney 8 00064 Council Minutes March 15, 1983 Richard Meshbesher on behalf of Nuway Builders was reviewed by City Attorney Paul Hauge. Sidney Johnson of Nuway Builders was present. It was noted that Lot 2 has been sold by Mr. Johnson and that the buyers have signed a letter indicating that they have no objection to the replat. Lois Willmus was pre- sent at the meeting. Mr. Parranto indicated objection to Mr. Meshbesher's letter that he had no contact with Mr. Willmus for approximately five years until two months ago and stated the cancellation of contract for deed issue noted in the letter was a title issue not involving the City Council. There was discussion concerning the 1.5 acres of additional park land required to be dedicated as a result of Mallard Park Addition, and the need to make a defi- nite determination as to the method of dedication. Egan moved, Smith seconded the motion to approve the application for rezoning from R-1 and R-4 to R-1 Planned Development, with underlying Agricultural zoning. All voted yes. Egan then moved, Thomas seconded the motion to approve the application for preliminary plat approval, subject to the recommendations of the Park Com- mittee and of the Planning Commission as follows: 1. A new development agreement and planned development agreement be entered into and signed prior to the final plat application. 2. No side yard variances or lot coverage variances should be allowed on these smaller lots except for vegetation or topographic hardships. 3. A deviation from the R-1 zoning standards shall be allowed on the 26 lots. 4. An agreement be entered into between the City and Mr. Willmus as to how the parkland issue for the platted subdivisions will be resolved. 5. The replat shall be subject to the Park Commission's recommendations and comments. 6. The delinquent assessment issue shall also be resolved or an agree- ment as to how the assessments will be resolved shall be entered into. 7. The applicant shall inform the owner of Lot 2 as to the size of Lots and type of homes which will be constructed in the replat. 8. If the utility services are to be constructed privately, plans and specifications prepared by a registered engineer shall be submitted to the City for approval. 9. The necessary width of right-of-way to provide for a full 60 feet shall be dedicated as a part of this plat. 10. A 10 foot utility easement shall be included along all publicly dedicated right-of-way with a 5 foot utility easement along all exterior lot lines and a 10 foot utility and drainage easement centered over all interior lot lines. 9 00065 Council Minutes March 15, 1983 11. Where necessary, cross easements for utility purposes shall be dedicated on lots where sewer and water services are shared. 12. This development shall accept its responsibility for trunk area storm sewer assessments over the portion of Parcel No. 015-75 which is in- cluded with this plat and also for lateral benefit from trunk water main and lateral benefit from trunk sanitary sewer at the rates in effect at the time of final plat approval. 13. All costs for the construction of utility services shall be the sole responsibility of this development. 14. All existing lot line drainage and utility easements will be vacated prior to the final plat approval. All voted in favor. R 83-12 SEE PLAT FILE PARK RIDGE ADDITION - REZONING AND PRELIMINARY PLAT The application of Ruscon Homes for rezoning from Agricultural to R-1 Planned Development and preliminary plat approval of Park Ridge Addition was presented to the Council. The Planning Commission recommended approval at its February 22, 1983 meeting, covering the 37 1/2 acre parcel intended to contain 114 single family lots. Marshall Oaks was present as was Bill Maurer of Probe Engineering, on behalf of the applicant. Mr. Maurer indicated that the con- nection with Ridge Cliffe Addition to the east has been discussed with Orrin Thompson Homes and certain lots will be combined by agreement with Thompson Homes. The smallest lot contains 8,100 square feet and the minimum lot width is 60 feet at the 30 foot setback line. Four lots will include direct access to Galaxie Drive. There were no objections. Smith moved, Thomas seconded the motion to rezone to R-1 Planned Development with underlying Agricultural zoning. All voted yes. Egan then moved, Smith seconded the motion to approve the application for preliminary plat approval subject to the following recom- mendations: 1. A deviation from the R-1 lot size requirement of 85 feet frontage and 12,000 square feet to range from 60 foot lot widths at the 30 foot setback and allow a minimum square footage of 7,800 square feet shall be allowed. 2. An agreement approved by the City shall be worked out between Ruscon Homes and Orrin Thompson in regard to the three triangular portions or outlots in their preliminary plat. 3. The plat should be subject to the Park Commission's recommendations for park contribution for this development. 10 ooo6G Council Minutes March 15, 1983 4. A development agreement and planned development agreement be signed prior to the application of a final plat. 5. No variances shall be allowed for lot coverage or from the setbacks of an R-1 (Single Residential District) unless they are strictly related to irregular terrain or vegetation. 6. An exact elevation shall be set for the pond elevation for the pond abutting Galaxie Drive. 7. Restricted access shall be required except for the four lots abut- ting Galaxie Drive. These lots are Lot 1, 2, 3, Block 4, and Lot 17, Block 3. 8. The model home or sales office shall be allowed only until the development has been completed. 9. If the utilities are installed privately, the plans and specifica- tions shall be prepared by a registered engineer and submitted to the City for approval. 10. As a condition of this plat, the 16 inch trunk water main within Covington Lane shall be extended west to the trunk water main located within Galaxie Drive. 11. A 5 foot sidewalk/trailway shall be installed along the northerly side of Covington Lane. 12. Ponding and utility easements shall be required around both ponds to include sufficient area for the higher water elevation condition. 13. A 20 foot utility easement shall be required for the storm sewer connection between the two ponds. A 10 foot utility easement shall be in- cluded along all publicly dedicated rights-of-way with a 5 foot utility ease- ment along all exterior lot lines and a 10 foot utility and drainage easement centered over all interior lot lines. 14. All costs related to constructing all internal streets and utilities shall be the sole responsibility of this development. All members voted in favor. R 83-13 SEE PLAT FILE JOHN MILLER - PILOT KNOB HEIGHTS 4TH ADDITION - VARIANCE The application of John and Sabina Miller for 15 foot front setback variance from public street located on Lot 9, Block 3, Pilot Knob Heights 4th Addition, 3733 Denmark Court, was considered by the Council. Mr. and Mrs. Miller were present and there were no objections. Egan moved, Wachter seconded the motion to approve the application for variance, subject to com- pliance with all other provisions of the applicable City Code. All voted in favor. 11 00x 67 Council Minutes March 15, 1983 WATER TREATMENT PLANT - STATUS REPORT CONTRACT #83-1 Bob Rosene, the City Consulting Engineer gave the Council a brief update concerning the plans and specifications for the water treatment plant under Contract #83-1. He noted that the total cost estimate for the project is relatively close to that which was originally provided in the June 18, 1982 Summary Report. No action was taken. JOINT CABLE COMMISSION UPDATE Mr. Hedges and Councilman Smith gave the Council an update regarding the Joint Cable Commission meeting of March 3, 1983 when Carl Pilnick of Tele- communications Management, Inc. was present and reviewed the Group W proposal that was received in January. Public hearings will be scheduled for April and a request to draft the ordinances by both Eagan and Burnsville will take place during May. It was also noted that modifications to the City Hall will be implemented to more easily accommodate cable televising at the City Hall. TRUNK HIGHWAY #13 SERVICE DRIVE A Petition has been received from Rax Roast Beef and Perkins Restaurant management requesting preparation of a feasibility report to eliminate the existing service drive for old Trunk Highway #13 between Country Club Market and Minnesota Federal. Staff has been working with the management of both restaurants and noted, however, that no progress had been made with Minnesota Federal or the management of Country Club. The Public Works Director was requested to do additional planning and to attempt to acquire consensus from the property owners along the service drive, as far east as the Mr. Donut Shop and further to contact the Minnesota Department of Transportation for possible cost-sharing. Wachter moved, Egan seconded the motion to direct the Public Works Director to prepare such a report, make the contacts and do some pre- liminary design work on the road and then return to the City Council with plans for the drive from Rahn Road to Silver Bell Road. All voted yes. ANN PIETSCH - CONNECTION FEE DEFERMENT A request from Ann Pietsch for approval of deferment of connection fees for sewer and water for her residence at 4275 Dodd Road was then brought before the Council. Mrs. Pietsch was present and indicated that for financial reasons she would be unable to pay the connection charges required to connect to water and sewer and that she expected it would be necessary to connect within a short period of time. After discussion, it was suggested that Mrs. Pietsch contact a well service company and determine what types of problems she may be having with her well before making determination as to connection to the Eagan water system. 12 00068 Council Minutes March 15, 1983 ORDINANCE CODIFICATION Richard Decker appeared on his own behalf and asked that the City Council request an Attorney General's Opinion concering methods for changing the City Code and indicated that it was his opinion that the Council had incorrectly made revisions to the City Code in recent months without proper notice. No action was taken concerning his request, and it was noted that the City had hired a professional codifier to prepare the codification of the Ordinances during the past year. PROJECT #371 - FEASIBILITY REPORT A feasibility report covering Project #371 consisting of streets and utilities in the new water treatment plant area was presented to the Council. Upon motion by Egan, seconded Smith, it was resolved that the feasibility report be received and that a public hearing be scheduled for April 5, 1983 at 7:00 p.m. at City Hall. ASSESSMENT HEARINGS Upon motion by Smith, seconded Wachter, the assessment hearings scheduled for April 5, 1983 be rescheduled to April 4, 1983 with the understanding that on April 4 the actual consideration of the assessments will be continued to April 5, 1983. SPECIAL MEETINGS The Council scheduled special meetings of the City Council for March 24, 1983 and March 29, 1983 at City Hall. LITIGATION UPDATE A letter from City Attorney Paul Hauge dated March 14, 1983 concerning City litigation was discussed by the City Council, including the action entitled Pioneer Press vs. City of Eagan. It was noted that the case is now scheduled for trial on May 12, 1983 and the Council directed the staff to prepare a report regarding the newspaper boxes around the City, including those placed by U.S.A. Today for discussion at the April 5, 1983 Council meeting. It was further noted that the Odell vs. City of Eagan case is scheduled for trial on April 21, 1983, and that a pre-trial has been scheduled for March 21, 1983 in Dakota County District Court regarding the Wescott Road Condemnation action. 13 00069 Council Minutes March 15, 1983 PROJECT 372 - I-35E UTILITY CROSSINGS Public Works Director Tom Colbert recommended that the Council authorize a feasibility report be prepared by the Consulting Engineer covering utility crossings of proposed I-35E between County Road #30 and Lone Oak Road. Smith moved, Wachter seconded the motion to implement the recommendation. All voted in favor. CHECKLIST Egan moved, Thomas seconded the motion to approve the following Checklists dated: February 28 & March 15 All voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:55 p.m. PHH City erk 14