Loading...
06/07/1983 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JUNE 7, 1983 A regular meeting of the Eagan City Council was held on Tuesday, June 7, 1983 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Thomas, Egan and Wachter. Also present were City Administrator Hedges, Public Works Director Colbert, Consulting Engineer Rosene and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the Agenda as dis- tributed. All voted yes. MINUTES The Minutes of the regular meeting of May 17, 1983 were presented for approval. Upon motion by Smith, seconded Wachter, it was resolved that the Minutes be approved with the exception on page 1, that the meeting started at 6:30 p.m. and on page 5, regarding Windtree 3rd Addition, that the average lot size was 17,000 square feet rather than 1,700 square feet. All voted yes. CITY HALL REMODELLING PROJECT City Administrator Tom Hedges commented to the Council that the Fire Department Committee, together with the Park and Recreation Committee and City Administrator have been reviewing the proposed remodelling of the existing City Hall. Several alternates have been discussed with Jack Boarman Architects, including remodeling of the interior, and also the possibility of adding a concrete block addition to the West, to house the ambulance service. Jack Boarman and Mike McDonald of Boarman Architects, Inc. were present and discussed the proposals with the Council. $50,000.00 had been allocated for remodelling of the existing building and estimates for a 27 by 32 foot con- crete block addition have been made, with a total cost of $81,000.00. Sug- gested revisions to the estimate were reviewed by Mr. McDonald. After discus- sion, Smith moved, Thomas seconded the motion to approve the plans and speci- fications for the remodeling of the building, including the concrete block addition, and authorizing the architect to proceed with the plans based upon revisions in the specifications which would provide for a reduction in the cost in the remodelling. All voted yes. CONSENT AGENDA The following consent agenda items were presented for review by the Council and recommended for approval: 1 ~1 A Council Minutes June 7, 1983 1. Karen Finnegan - Clerk Typist. It was recommended that Karen Finnegan be hired as temporary full-time clerk typist at the rate of $4.75 per hour without benefits. 2. Peace Officer Standards & Training Reimbursement. The State of Minnesota began collecting, on January 1, 1982, a 10% surcharge on all moving traffic violations and local units of government may be reimbursed for continuing education for police officers and constables from the surcharge that is to be received. It was recommended that the chief law enforcement officer and the City Clerk Finance Director sign all application forms for reimbursement on behalf of the City of Eagan for training reimbursement money. 3. Project #375 - Feasibility Report. It was recommended that the feasibility report for Project #375, South Oaks Addition, streets and utili- ties, be received and the public hearing be scheduled for July 5, 1983 at 7:00 p.m. at the City Hall. 4. Project #374 - Feasibility Report - Eagandale Office Park. The staff recommended that the feasibility report now being prepared and submitted by the Consulting Engineer for Eagandale Office Park streets and utilities, be received by the Council and that a public hearing be scheduled at the City Hall on July 5, 1983 at 7:00 p.m. - 5. Project #378 - Feasibility Report - Covington Lane. The recommenda- tion was received to accept the feasibility report to construct trunk water main within Covington Lane, from Galaxie Avenue to the Ridgecliff Addition, covering Project #378 and ordered the public hearing for July 5, 1983 at 7:00 p.m. at the Eagan City Hall. 6. Northview Meadows - Grading Permit. An application has been sub- mitted by Sienna Corporation for grading permit from Northview Meadows Addi- tion and the staff recommended approval, subject to compliance with City Ordinance requirements. 7. Project #371 - Water Treatment Plant - Utility Easment Acquisition. The City Attorney's office has negotiated settlement with the attorney for Mr. Henry Englert in the amount of $2,000.00 for easement crossing the Englert property for sanitary sewer and storm sewer, covering 0.14 acres permanent easement and 0.21 acres of temporary easement. Based upon the recommendations from the staff, and the potential cost that could be involved in having to change the route or commence condemnation, it was recommended that the pro- posed settlement be approved. 8. Project #380 - Sunset Addition - Feasibility Report. The City has received Petitions for storm sewer facility installation in proposed Sunset Addition, under Project #380 and it was recommended the Petition be received and the feasiblity report be prepared by the consulting engineer. 2 Council Minutes O(.: i -I June 7, 1983 9. Project #177 - Pilot Knob Road, Storm Sewer. The final assessment roll covering Project #177 regarding storm sewer installation for Pilot Knob Road area has now been prepared and it was recommended the final assessment roll be received and that the hearing on the roll be scheduled for July 5, 1983 at the Eagan City Hall at 7:00 p.m. 10. Project #200 - Pilot Knob Road, Streets. The staff recommended that the Council accept the final assessment roll for Project #200 consisting of Pilot Knob Road street assessments and that the hearing on the assessments be scheduled for July 5, 1983 at 7:00 p.m. at the Eagan City Hall. 11. Project #182R - T.H. #55, Storm Sewer Lift Station. The assessment roll has now been completed regarding Project #182R and it was recommended that the roll be accepted by the Council covering the trunk storm sewer project and that a final assessment hearing be set at the City Hall on July 5, 1983 at 7:00 p.m. 12. Project #302 - O'Neill Pond, Trunk Storm Sewer. The assessment roll covering Project #302, consisting of trunk storm sewer in the O'Neill Pond area was presented to the Council and it was recommended that it be approved and the hearing regarding the roll be scheduled for July 5, 1983 at City Hall at 7:00 p.m. 13. Project #305 - Wescott Road, Trunk Water Main. The final assessment roll has now been presented by the staff to the City Council and it was recommended that it be approved, covering Project #305 and that the Council schedule a public hearing to be held at the City Hall on July 5, 1983 at 7:00 p.m. 14. Project #318 - Yankee Doodle Road, Streets and Storm Sewer. Project #318 covering streets and storm sewer improvements in the Yankee Doodle Road area - Pilot Knob Road to Federal Drive - has now been completed. The staff recommended that the Council receive the roll and schedule a final assessment hearing for July 5, 1983 at 7:00 p.m. at the Eagan City Hall. 15. Project #319 - Burr Oak Pond, Trunk Storm Sewer Outlet. The assess- ment roll covering Project #319 consisting of Burr Oak Pond trunk storm sewer outlet improvements was submitted to the Council for review and it was recom- mended that the roll be received and that the Council schedule the hearing on the roll for July 5, 1983 at 7:00 p.m. at the City Hall. 16. Project #326 - South Oaks, Sanitary Sewer and Storm Sewer. The assessment roll for Project #326 has now been completed by the staff and it was recommended that the roll be received covering trunk sanitary sewer and storm sewer in the South Oaks area and that the hearing regarding the roll be scheduled at the City Hall for July 5, 1983 at 7:00 P.M. 3 9 Council Minutes June 7, 1983 17. Project #334 - Pilot Knob Road, Services. With the upgrading of Pilot Knob Road, additional sanitary sewer and water services were installed and the assessment roll covering the project has now been completed by the staff. It was recommended that the roll be received by the Council covering Project #334 and that the final assessment hearing be ordered to be held on July 5, 1983 at the City Hall at 7:00 p.m. 18. Project #345 - Wilderness Run Road, Streets and Storm Sewer. The staff has calculated all the costs associated with Project #345 and has now prepared the assessment roll. It has submitted the roll and has recommended the Council receive it and order the final assessment hearing at the City Hall on July 5, 1983 at 7:00 p.m. 19. Project #347 - Martin Shields, Sanitary Sewer. The staff recom- mended that the final assessment roll for Project #347 consisting of the Martin Shields sanitary sewer project on Pilot Knob Road be received by the City Council and the hearing be scheduled for July 5, 1983 at 7:00 p.m. at the City Hall. 20. Project #381 - Borchert Ingersoll Trunk Storm Sewer Outlet. It was noted that the recent survey of the water elevation within the Borchert Ingersoll pond near Highway #55 is approximately 25 feet above the controlled water elevation as provided in the City Comprehensive Storm Sewer Plan. There is no outlet and it was recommended that the Council authorize the preparation of the feasibility report for Project #381 to be prepared by the consulting engineering firm. 21. Project #382 - Hurley Lake, Trunk Storm Sewer Outlet. It was noted by the staff that the level of Hurley Lake is now approximately 9 feet above the controlled water elevation as provided in the Master Storm Sewer Plan and it was recommended that the Council order a feasibility report for Project #382 to be prepared by the firm of the consulting engineers. 22. Project #383 - Schwanz Lake, Trunk Storm Sewer Outlet. The staff has been reviewing the level of Schwanz Lake near Dodd Road and Wilderness Run Road and noted it is approximately 8 feet above the controlled water elevation level provided in the Comprehensive Storm Sewer Plan. It was noted also that the water level must be lowered to accommodate the trailway to be constructed within the proposed Oakwood Heights 2nd Addition and staff recommended the authorization of the feasibility report for Project #383. 23. Lone Oak Heights Preliminary Plat Extension. A letter has been received from Balfany Development Corporation requesting a 30 day extension in order to allow the proper transfer of interest from Orrin Aune to Balfany Development before the final plat application is made for Lone Oak Heights. It was recommended that the Council approve a 30 day extension requested by the developer. 4 Council Minutes 0 June 7, 1983 " 1:1 24. Contractor Licenses. A list of contractors who have applied to the City for licenses under City Code No. 6.42 was submitted to the Council and recommended for approval. 25. Rubbish Haulers License. An application has been received from James E. Illetschko for rubbish haulers license at the business address of 1881 Lexington Avenue, Mendota Heights-. It was recommended that the license be approved. 26. Eagan Hockey Boosters - Combination Gambling License. An applica- tion from the Eagan Hockey Boosters for combination gambling license for July 2, 3 and 4, 1983 was reviewed. A request had been made to waive the license fee and the $10,000.00 bond rquirement, and it was recommended that the Council approve the license and authorize the waiver of the $10,000.00 bond but to require the $25.00 license application fee. 27. Lexington Avenue Parking Ban. A Resolution required by Minnesota State Aid Standards to guarantee Municipal State Aid funds for improvement of Lexington Avenue under Project #330 was submitted and recommended for approval and execution by the Mayor and City Clerk. R 83-34 28. Diffley Road Parking Ban. A Resolution was submitted requiring execution by the City for Municipal State Aid Standards to guarantee Municipal State Aid funds for improvement of Diffley Road (County Road #30) which would provide for no on-street parking lanes, with 52 foot 4-lane design. It was recommended the Resolution relating to parking restrictions on Diffley Road be approved and authorized for execution. R 83-35 Upon motion by Egan, seconded Wachter, it was resolved that the foregoing consent agenda items be approved and authorized to be implemented by the staff and signed by the Mayor and Clerk. All voted yea. SHERWOOD COURT - VACATION The public hearing regarding the vacation of public right of way of Sherwood Court in Outlot C, Brittany 3rd Addition, was convened by Mayor Bea Blomquist. Mr. Colbert explained the project. There were no objections to the vacation. Upon motion by Smith, seconded Wachter, it was resolved to close the hearing and approve the vacation of public right-of-way of Sherwood Court within Outlot C, Brittany 3rd Addition and authorize the recording of the appropriate resolution. All voted in favor. R 83-36 5 Council Minutes C 1 June 7, 1983 11-30 PARK RIDGE ADDITION - VACATION The next public hearing convened by the Council concerned the vacation of public drainage and utility easement in Park Ridge Addition. Mr. Colbert explained that the reason for the vacation is to provide for rededication to conform with the proposed development of Park Ridge 1st Addition and recom- mended approval of the vacation. There were no objections and upon motion by Wachter, seconded Egan, it was resolved that the public hearing for the vaca- tion project be closed and that the Council approve the vacation of the easement and order its implementation. All voted yea. R 83-37 PROJECT #371 - S.R. TREATMENT PLANT - TRUNK STORM SEWER The public hearing regarding Project #371 Treatment Plant, Trunk Storm Sewer improvements was convened by the Mayor. After review by the Public Works Director, noting there were no objections, Smith moved, Thomas seconded the motion to close the hearing and to order in Project #371 S.R. Treatment Plant including preparation of plans and specifications. All voted in favor. CABLE TELEVISION - FRANCHISE ORDINANCE - Mr. Hedges introduced the draft cable television franchise ordinance to the Council and noted that an ordinance summary had been distributed to all Council members prior to the meeting. Also, comments made by the Eagan City Attorney, Paul Hauge, and Mr. Tom Creighton, the Burnsville/Eagan Joint Cable Committee Attorney were discussed. Paul Wood, the Chairman of the Commission and Roger Frank of Group W, appeared and answered questions of the Council, as did Tom Creighton. After discussion, noting there were no objections, Smith moved, Thomas seconded the motion to approve the Cable Television Franchise Ordinance as submitted by the Council, subject to any changes that may be recommended by the staff and City Atorney. All voted in favor. CEDAR GROVE 1ST & 2ND - STREET RECONSTRUCTION CONTRACT #83-9 Mr. Colbert stated that the bids were opened for Contract #38-9 covering Cedar Grove 1st and 2nd Addition Street Improvements. The bid tabulations were submitted to the Council and alternates were bid for concrete curb and gutter or bituminous curbing with patching overlay process. The staff was asked to review the potential contribution from the City of approximately 25% of the cost of the installation of the curb and gutter and a comparative tabulation showing the revised estimated assessment per lot, based on the actual bids received, was submitted for Council review. Staff recommended the installation of concrete curb and gutter and recommended to the Council that the contract be awarded to the low bidder, McNamara Vivant, with a low bid of 6 Council Minutes VIP June 7, 1983 $692,594.95 under the total base bid, and that the assessment be spread over a 15 year period. A number of affected residents appeared and asked questions about the project and the alternate. It was noted that the Council has adopted a Resolution to install concrete curb and gutters for reconstructed or new installation of street improvements are made throughout the City. Councilman Smith stated that he favored the reconstruction of the streets in the Cedar Grove area for two to three years and was originally opposed to concrete curb and gutter. He noted that the assessments had been reduced about $500.00 per lot with the recommendation that the assessments be spread over a 15 rather than a 10 year period, with the alternate of paying the assessment in full and avoiding interest on the assessments. The estimated assessment based on the low bid for 15 year spread with 25% city participation would be $1,250.00 per lot, rather than $1,716.00 per lot originally estimated in the preliminary report. A large number of persons indicated they favored the concrete curb and gutter primarily because of the reduction in assessments. Councilman Wachter was concerned about the precedent that would be set if concrete curb and gutter was not installed, including the long-term impact in other areas. Mayor Blomquist indicated she would abstain from voting because the Council had indicated residents could make their own decision as to whether concrete curb and gutter was to be installed, and noted that residents at earlier meetings had generally favored concrete curb and gutter, but persons responding to a recent survey generally were opposed. Smith moved, Wachter seconded the motion to approve the low bid of McNamara Vivant Construction Co. in the sum of $692,594.95 to provide for the installation of concrete curb and gutter with the City paying 25% of the cost and the assess- ments spread over 15 years. All voted in favor except Blomquist who ab- stained. ' COUNTRY STANDARD - SERVICE STATION RENEWAL The application of Country Standard for renewal of its conditional use permit for service station located on Highway #13 was next discussed by the Council. Tom Maclntyre, together with his attorney were present, as well as other neighboring property owners who were objecting to the extension of the conditional use permit. It was noted there had been no basic changes in the Ordinance and a report prepared by Dale Runkle dated June 2 was distributed and reviewed by the Council. Also, a Petition objecting to the alleged exten- sion of the use of the property from neighboring property owners, was dis- cussed. The attorney for Maclntyre indicated that the tractor/trucks do not turn off their engines in the winter for fear of freezing, but no trucks are permitted overnight. New diesel fuel pumps and tanks have been installed and it was indicated that they may be an extension of the current use. The uniqueness of the site being a low depression adjacent to single family homes was discussed and various possibilities for screening were also reviewed. Mr. Maclntyre indicated that he would not allow tractor/trailers to be running all night on the site. Ron Miller of 3217 Donald Avenue spoke on behalf of neighboring property owners who objected to the view of the trucks and also 7 Council Minutes June 7, 1983 Off.' i 5 3 leaving trucks running all night. He cited certain alleged ordinance viola- tions and questions arose as to whether there was an increase in the use and whether a permit holder was allowed to change the use. In 1975 a public hearing was held on the rezoning to General Business from C1 and question arose as to whether the standards applied in 1975 for service stations should be implemented. Egan moved, Wachter seconded the motion to continue the application until the next regular meeting to allow the staff time to review the following issues: 1. Whether the renewal of the conditional use permit under the 1976 Ordinance can be modified to include conditions in later versions of the ordinance. 2. Can the Council change the conditions such as those relating to ingress and regress. 3. Whether parking of tractors and trailers can be allowed for non- business purposes, such as storage. 4. Should landscaping and grading be required to buffer the neighboring single family owners. 5. Whether the addition of a diesel fuel pump was an expansion of the use. 6. Whether the people living on site is a violation of the conditional use permit under the GB zoning. 7. That the staff review the fencing and screening, entrance issues concerning safety and the storage of trucks and trailers on the site. All voted yes. SUPERAMERICA - PRELIMINARY PLAT/PERMIT EXTENSION The preliminary plat and special use extension of Superamerica was re- viewed by the Director of Public Works. At the last City Council meeting questions were raised by the Administrator and Director of Public Works re- garding the existing conditions and whether other conditions ought to be imposed on the preliminary plat. Mr. Colbert introduced the subject and Lewis Schuette of Ashland Oil, the owner, was present. He indicated that they have tried to contact Mr. Vogelpohl about potential sale to Mr. Vogelpohl of the small parcel of land on the east side of the restaurant, adjacent to Super- america, but that Mr. Vogelpohl has not responded. It was also noted that it appears there is a driveway over the Superamerica property adjacent to the restaurant. Mr. Schuette stated that he agrees with the conditions but noted the 75 foot right-of-way may vary according to the state acquisition require- ments from 73 to 79 feet. Egan moved, Smith seconded the motion to approve the extension of the preliminary plat and special use permit, subject to the following conditions: 8 0 154 Council Minutes June 7, 1983 1. A minimum half right-of-way shall be dedicated for County Road #31 (Pilot Knob Road) if not previously acquired or dedicated in an amount recom- mended by and agreed upon by the staff. 2. A detailed grading and drainage plan shall be submitted, reviewed and approved by City staff prior to final plat approval incorporating all required storm sewer facilities. 3. Concrete curb and gutter shall be installed around the perimeter of the hard surfaced area and driveway entrances. 4. Parking configurations shall be a minimum 10 feet wide by 18 feet deep. 5. A detailed landscaping plan shall be submitted, reviewed and ap- proved by staff prior to final plat approval and that an adequate landscaping bond be provided and maintained for a period of one year after all landscaping has been completed. 6. Ten foot drainage and utility easements shall be dedicated adjacent to all boundary lines as directed by City staff. 7. The property located in the southeast corner of this plat shall be dedicated as an outlot to facilitate future transfer of ownership to Lot 1, Block 2, Bicentennial 3rd Addition. 8. Access from County Road 28 (Yankee Doodle Road) shall be restricted to right-turn-in and right-turn-out only. The only other access to this site shall be provided via 81st Street. 9. All outstanding unlevied assessments/connection charges shall be the responsibility of this development at the time of final plat approval in accordance with the rates in effect at the time of final plat approval. All voted in favor. OAKWOOD HEIGHTS 2ND ADDITION - PRELIMINARY PLAT The application for preliminary plat approval of Oakwood Heights 2nd Addition by Countryside Builders, Inc. covering approximately 21 1/2 acres and containing 46 duplex lots was then presented for Council consideration. At the last City Council meeting the recommendation of the Advisory Planning Commission concerning preliminary plat was given consideration. There were concerns mainly about the lot size and access road to Wilderness Run Road as shown on the original preliminary plat. Ralph Wagner, Engineer, and Jerry Lagro, Owner, together with Rod Hardy of Sienna Corporation on behalf of Lexington South, appeared regarding the application. Mr. Wagner reviewed some 9 Council Minutes .4 5 j June 7, 1983 revisions including the streets in Phase One, and that the number of units has been reduced from 20 to 19 lots with 38 units. Mr. Wagner stated that Phase One now meets all the minimum ordinance requirements and Phase Two has certain lots proposed below the minimum requirements, but Phase Two is not being considered at the present time. He also stated that the DNR has set the lake level but the OHW is still under discussion by City staff. After review, Thomas moved, Wachter seconded the motion to approve the application for preliminary plat approval for Oakwood Heights 2nd Addition, First Phase, subject to the following conditions: - 1. That Phase 1 shall be recommended for approval to include 19 duplex units and that the developer may proceed with that phase to the City Council. 2. Phase 2 would be reworked and reviewed by the Advisory Planning Commission at its next regular meeting to implement the recommendations of the Commission. 3. That either one or two homeowners associations be created for the entire development with the association declarations to be reviewed by the City staff to assure that maintenance and upkeep standards will be imposed throughout the development. 4+. The park boundary, park dedication and development of a trail along Wilderness Run Road and the walkway to Schwanz Lake shall be reviewed by the Advisory Park Commission and subject to the recommendations of the Advisory Park Commission. 5. The provisions of the Lexington South Planned Development Agreement shall be complied with in all respects as a part of the approval of this preliminary plat. 6. The preliminary plat shall be approved by the Dakota County Plat Committee prior to the filing of the final plat. 7. The internal unnamed streets shall be approved at a minimum right- of-way width of 50 feet. 8. The area to be dedicated for park shall be included in the plat and platted as an outlot. 9. If the streets and utilities are to be installed privately, the plans and specifications shall be prepared by a registered engineer in accor- dance with City standards and submitted for approval along with final plat approval. 10. An 8 foot trailway shall be installed along this development's southerly border. 10 Council Minutes June 7, 1983 11. A 40 foot half right-of-way shall be dedicated for both Wilderness Run Road and Dodd Road and shall include the area adjacent to the park outlot. 12. A 10 foot utility easement shall be dedicated along all property abutting publicly-dedicated right-of-way, with a 5 foot utility easement dedicated along all exterior lot lines and a 10 foot drainage and utility easement centered over all interior lot lines, except for the lot lines be- tween Lots 4 and 5, Block 12, Lots 1 and 2, Block 3, and Lots 7 and 8, Block 1. These easements shall be 20 feet in width and centered over the common lot line. 13. All costs for installation of internal street and utilities shall be the sole responsibility of this development. 14. This development shall accept its responsibility for trunk area storm sewer at the rates in effect at the time of final plat approval. 15. Either a deviation from the lot width be approved on Lots 3 and 12, Block 1, or realigned so all lots meet the minimum width of 100 feet. All voted in favor. SEE PLAT FILE OAKWOOD HEIGHTS 2ND ADDTION - GRADING/EXCAVATION PERMIT The application of Countryside Builders for grading and excavation permit for proposed Oakwood Heights 2nd Addition was next reviewed. There being no objection and upon motion duly made by Wachter, seconded Egan, it was resolved that the Council approve the permit, subject to staff recommendation and compliance with the applicable ordinance. All voted in favor. HILLCREST ADDITION - REZONING AND PRELIMINARY PLAT The application of J. E. Parranto Associates, Inc. for rezoning from R-1 to R-1 PD and preliminary plat approval of Hillerest Addition consisting of approximately 14.5 acres and containing 38 single family lots was considered. John Parranto appeared for the applicant and noted the changes that had taken place on the proposal since the last council meeting. All lots now have 85 foot minimum frontage and 12,000 square foot minimum area with change in the road width from 60 foot to 50 foot right-of-way. One additional lot is now provided in the preliminary plat in the new revised layout. There were ques- tions from neighboring property owners present concerning the road alignment and the configuration of the lots in relation to existing lots in Twin View Manor. Also, there were questions concerning the center line of Pilot Knob Road to the east, noting the existing center line is to the east of the section line. Other neighbors were concerned about water pressure in the area and it was noted that the pressure will improve with the completion of the 4.0 m.g. water reservoir to the west. Smith moved, Egan seconded the motion to approve the preliminary plat for Hillcrest Addition, subject to the following conditions: 11 Council Minutes June 7, 1983 1. The preliminary plat shall be reviewed by the Dakota County Plat Commission because of access for Rebecca Lane and also for right-of-way along Pilot Knob Road. 2. A variance will be granted for Rebecca Lane because the grade is in excess of 8%. 3. A development agreement shall be entered into and signed prior to the application for final plat approval. 4. All easements shall be dedicated as requested by City staff. 5. The plat shall be subject to the extension of sewer in the Walden Heights 1st Addition. 6. Right-of-way for Rebecca Lane shall be dedicated to the right-of-way for Pilot Knob Road which shall also be dedicated as a part of this plat, a minimum of 75 foot half right-of-way from centerline. 7. Ten foot utility easements shall be recorded along all property abutting publicly-dedicated rights-of-way, with 5 foot utility and drainage easements dedicated along all exterior lot lines and 10 foot utility and drainage easements centered over all interior lot lines with the exception of the lot line between Lots 9 and 10, Block 1 where a 20 foot utility easement will be required to be centered over this lot line. 8. This development shall accept its responsibility for trunk area storm sewer assessment and also lateral benefit from trunk water main assess- ments. 9. All costs for the internal utilities and strets shall be the sole responsibility of development with the exception of the lots within Twin View Manor which abut Richard Lane. 10. A cul-de-sac shall be provided at the south end of Richard Lane. 11. All other applicable ordinances shall shall be complied with. All voted in favor except Wachter who opposed the 10% grade of the street. The applicant withdrew its request for rezoning. SEE PLAT FILE 12 Council Minutes June 7, 1983 ADVERTISING SIGN REVISIONS The staff then discussed with the Council the proposed changes in the advertising sign provisions of the sign ordinance concerning setbacks from residentially zoned property. A letter from City Attorney Paul Hauge regarding proposed revisions to Subdivision 4 were discussed and Julianne Bye of Naegele Sign Co. was present. Also interested citizens were present con- cerning the revision. Councilman Wachter suggested 400 foot setback and there were also concerns about the judgmental decisions that would have to be made by the Council under the proposed wording in the conditions. Ms. Bye stated that the 400 foot setback would change the numbers of locations substantially if that distance is implemented and also the City has numerous other regula- tions that cover location and placement of billboards. She recommended the retention of the 200 foot setback. After extensive discussion, Smith moved, Thomas seconded the motion to provide for no change in the setback provision according to the Planning Commission recommendations and that the Council determine whether changes ought to be made to the setback provision in the future as applications are submitted and reviewed. Those in favor were Smith, Thomas and Egan. Those against were Blomquist and Wachter. CONTRACTORS LICENSING ORDINANCE Mr. Hedges reviewed with the Council certain proposed amendments to Chapter 6.42, Subdivision 6 regarding Contractors Licensing. The letter of May 16, from the City Attorney's office concerning proposed changes and memo- randum from Chief Building Official Dale Peterson of May 23, suggesting alter- nate wording regarding bonds posted by owner/occupants and also the provision for liability insurance. It was noted that the liability insurance premiums are very high and it would be desirable to eliminate both the bond and lia- bility insurance for residential property owners doing their own alterations and construction work. Blomquist moved, Smith seconded the motion to order the implementation of the revisions to the Ordinance as recommended by the staff. All voted in favor. AIR TRAFFIC NOISE Recently, takeoff patterns from Wold Chamberlain International Airport have been rerouted on a more frequent basis over the west portion of the City of Eagan. Complaints have been received at the City Hall about the increased noise, specifically over subdivisions in the westerly portion of the City. A Memorandum from City Planner Dale Runkle dated June 6, 1983 covering an update on airport related regulations for the City of Eagan was discussed in detail. It was noted that one or two of the runways at Wold Chamberlain are currently closed for reconstruction and expansion and that the airport officials are experimenting with revising traffic patterns. A number of affected property owners were present and objected to the increased noise and Councilmembers 13 0('159 Council Minutes June 7, 1983 expressed their concern that the change will not become permanent. It was recommended a letter be directed to the Metropolitan Airports Commission for information concerning the current and proposed future traffic patterns. Smith moved to authorize the Administrator to write the letter, with the understanding that the revisions were temporary only; also, noting that objec- tions have been received by the City staff including claims that property values have decreased because of the additional noise. A report at the next Council meeting was requested. Wachter seconded the motion and all voted in favor. Blomquist then moved that the Council express its concerns about the additional landing and takeoff patterns over the City of Eagan with an objec- tion to the revision of the patterns, noting that the City Council will take whatever measures are necessary to protect the Eagan citizens and the environ- ment in the area. Wachter seconded the motion. All voted yea. CLIFF PLACE PROJECT Mr. Hedges stated that a letter had been received from the attorney representing Cliff Place project asking for further continuance of the Indus- trial Revenue Bond financing, approved for the commercial project on Pilot Knob Road. Mr. Hedges indicated that he had been assured that Northwestern National Life Insurance Company has agreed to finance the project and a com- mittment letter will be forthcoming and a final closing would occur approxi- mately in July. Egan moved, Wachter seconded the motion to authorize exten- sion of time for the commercial development of revenue financing for the Cliff Place project through August of 1983. All voted yes. PEOPLES NATURAL GAS COMPANY - FRANCHISE ORDINANCE A proposed franchise ordinance has been submitted by Peoples Natural Gas Company and it was noted that the current franchise will expire in approxi- mately one year. A copy of the proposed Ordinance was distributed to the Council in the packet and it was recommended by the staff that the matter be continued for further study and review by the staff. Wachter moved, Thomas seconded the motion to accept the recommendation and continue consideration of the ordinance until a later meeting. All voted yea. WENSMANN HOMES SETBACK VARIANCE - MALLARD PARK 3RD ADDITION An application was received from Wensmann Homes requesting a five foot front setback variance from the 30 foot front setback requirement for Lot 10, Block 2, Mallard Park 3rd Addition. Steve Wensmann was present and indicated the reason was that the owners intend to place a swimming pool in the back yard. It was noted however, that because of the very wide drainage and utility easement along the rear lot line, consisting of 53 feet, that the pool could be adjusted to allow for the house to be within the minimum setback requirements. Wachter moved, Egan seconded the motion to deny the application and request that the applicant review the proposed location of the swimming pool closer to the utility and drainage easement. All voted in favor. 14 Council Minutes June 7, 1983 HENRY FRANZ - SENIOR CITIZEN ASSESSMENT DEFERMENT - PROJECT #297 On May 3, the City Council received a request from Henry Franz requesting special consideration of an application for senior citizen deferment covering Blackhawk Lake trunk storm sewer assessments under Project #297. It was noted the application was submitted late, but that Mr. Franz did comply with the ordinance requirements, according to information received by the staff. There is also a request for reimbursement of the 1983 installment, noting however, that there would be substantial administrative cost in making the reimburse- ment. Egan moved, Thomas seconded the motion to approve the senior citizen assessment deferment for Mr. Franz for the trunk area storm sewer assessments under Project #297, but to deny the refund for the 1983 installment certified on the 1983 property tax statement for reasons explained above. All voted yea. CONTRACT #83-5 - CONTRACT AWARD The bids have now been received covering Contract #83-5 concerning treat- ment plant utilities and the low bidder is Northdale Construction Co. in the amount of $602,567.80, being approximately 22.3% under the feasibility report estimate. It was recommended the contract be awarded to the low bidder. Upon motion by Wachter, seconded Smith, it was resolved that the low bid of Northdale Construction Co. be approved and awarded with the understanding that all easements will be acquired prior to the start of construction. All voted yea. CONTRACT #83-10 - 1983 SEAL COATING The staff has reviewed the 1983 seal coating program and has prepared plans and specifications covering a number of streets within the City. $50,000.00 has been allocated from the general fund and $55,000.00 from the major street fund, with the estimated cost of $107,500.00. Smith moved, Thomas seconded the motion to approve the plans and specifications and autho- rize the advertisement for bids to be opened at 10:30 a.m. on Thursday, July 14, 1983 at the City Hall. All voted in favor. ROBINS ADDITION - PRELILMINARY PLAT EXTENSION An application has been received from the developer of the Robins Addi- tion requesting extension of the previously granted preliminary plat approval, which expired on June 15, 1982. Mr. Colbert stated there is a very involved land-swap between MnDOT and the developers of Robins Addition and recommended an extension of 12 months until June 15, 1984. Egan moved, Thomas seconded the motion to receive the request and approve the extension until June 15, 1984. All voted yes. 15 Council Minutes 0C 1-61. June 7, 1983 AMCON VS. CITY OF EAGAN City Attorney Paul Hauge reported that an Order has now been received from Judge Raymond Pavlak of the Dakota County District Court, dismissing the Complaint of Amcon Corporation and 0. J. Sporting Goods Co. in total, in- cluding the request for the underlying zoning revision to RB-PD. DREXEL HEIGHTS ADDITION - ASSESSMENTS Paul Hauge reported that a Summons and Complaint has now been served on the City by the developers of Drexel Heights Addition requesting certain relief regarding assessments for street improvements in Drexel Heights Addi- tion. It was noted that the City has not negotiated a settlement concerning assessments and there was discussion concerning the need to proceed with such a settlement. BLACKHAWK ROAD - EASEMENTS Tom Colbert and Paul Hauge reviewed with the Council the progress to date concerning approximately 10 easements in the process of acquisition on Black- hawk Road, between Cliff Road and County Road #30. It was noted that 4 of the easements have been acquired and negotiations are being continued on the remaining parcels. Condemnation has been commenced and the staff was re- quested to continue negotiations, noting the circumstances involving the possible effect on the adjoining parcel of property, including the potential for installing retaining walls, some blacktop driveways, etc. PARK LAND - OUTLOT B - PILOT KNOB HEIGHTS 11TH ADDITION A letter from the City Attorney dated June 6, 1983 was reviewed con- cerning a meeting held with the proposed developer of Outlot B, Pilot Knob Heights 4th Addition, concerning the settlement of the property acquisition by the City for park purposes. A demand has been made by the property owner and appraisals have been acquired both by the City and the property owner. Be- cause of the big disparity in the appraisals, the Council determined that futher consideration will be given to the acquisition of the property, noting that the Council has taken the position that the property is owned by the City. No specific action was taken and negotiations will continue. UNITOG RENTAL SERVICE - I.R. FINANCING An application has been submitted by Unitog Company, a business clothing manufacturer from Kansas City, Missouri, requesting financing for purposes of building a new facility in Eagandale Center Industrial Park. The project will consist of a 27,000 square foot one-story building and a request had been made for a hearing for industrial revenue financing in the sum of $1,815.000.00. Smith moved, Egan seconded the motion to receive the application and set a public hearing on the application for July 5, 1983 at 7:00 p.m. at the City Hall. All voted yes. 16 Council Minutes June 7, 1983 TAX INCREMENT FINANCING Mr. Hedges questioned the Council whether it would be interested in reviewing tax increment financing for potential tax increment areas within the City. Following discussion, Egan moved, Wachter seconded the motion to direct the Finance Committee to investigate tax increment financing and to report its findings to the City Council. All voted yea. BUILDING CODE VIOLATIONS Councilman Wachter reported on what he indicated were a number of build- ing code violations in the current construction of residential homes within the City. It was his opinion that certain contractors are flagrantly vio- lating the Uniform Building Code and that the City Inspectors are unable to keep track of all of the alleged violations. The staff will continue to monitor the situation. PUBLIC WORKS - MAINTENANCE VEHICLES The Public Works Department has recommended the purchse of utility main- tenance division vehicles and street maintenance vehicles for 1983, including: 1. 34,000 GVW dump truck with front and wing plow. 2. Two one-ton 4 x 4 dump truck with front end plow. 3. One 3/4 ton pickup. Included in the proposal is the sale of certain used equipment. Mr. Colbert reviewed the priorities concerning capital equipment and the proposal for equipment certificates to be issued in early Fall, 1984. After review, Wachter moved, Egan seconded the motion to approve the plans and specifica- tions for the vehicles and to authorize the advertisement for bids to be opened on Thursday, July 14, 1983 at 2:00 p.m. at the City Hall. All voted in favor. CONTRACT #81-1 - GALAXIE AVENUE ENGINEERING SERVICES Mr. Colbert explained the additional engineering services incurred in the relocation of Galaxie Avenue easterly to the intersection of Blackhawk Road with Cliff Road which is a MnDOT responsibility due to I-35E. He noted unanticipated extra work required by subsoil correction requirements, delay in construction time schedule and a greater number of claims submitted by the contractor. Upon recommendation of the staff and upon motion by Smith, seconded Thomas, it was resolved that the Council authorize the original estimate for engineering service for Contract #81-1 be increased by 10%. All voted yes. 17 Council Minutes June 7, 1983 0 1 CS 13 PROJECT #384 - WALDEN HEIGHTS - TRUNK STORM SEWER It was noted that Sienna Corporation, the developer, will be installing all internal streets and utilities in Walden Heights Addition, but in order to accommodate the drainage from the subdivision, it will be necessasry to in- stall a trunk storm sewer outlet under Cliff Road to allow the drainage from the subdivision to enter into the Thomas Lake drainage basin. It was recom- mended that the Council authorize the preparation of the feasibility report and upon motion by Egan, seconded Wachter, it was resolved that the recommen- dation be approved and the report be authorized for Project #384, Walden Heights trunk storm sewer outlet. All voted in favor. WATER TREATMENT FACILITY - GROUNDBREAKING The Council scheduled a groundbreaking ceremony for the new water treat- ment facility on Coachman Road for Monday, June 13, 1983 at 5:00 p.m. at the treatment facility site. CHECKLIST - Upon motion by Egan, seconded Wachter, it was resolved that the following checklist be approved, dated: Tune 7, 1993. All voted in favor. PARK AND RECREATION COMMISSION - MEMBERSHIP INTERVIEWS The City Council scheduled a special meeting of the Council for July 13, 1983 at 6:30 p.m. at the City Hall to interview Park Committee candidates, prior to the hearing regarding James Horne assessment appeal, which was re- scheduled to 7:30 p.m. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:40. p.m. PHH rt City rk 18