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11/15/1983 - City Council Regular 00330 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 15, 1983 A regular meeting of the Eagan City Council was held on Tuesday, November 15, 1983 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Public Works Director Colbert, Consulting Engineer Rosene, City Planner Runkle and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the Agenda as dis- tributed. All voted in favor. MINUTES November 1, 1983 - Regular Meeting. Egan moved, Smith seconded the motion to approve the minutes with the addition of page 9 relating to Tax Increment Financing and Redevelopment District Appraiser, that all members voted in favor. All voted yea. October 27, 1983 - Special Council Meeting. Egan moved, Wachter seconded the motion to approve the minutes as prepared. All voted in favor. PILOT KNOB ROAD - TRAFFIC BACK-UP City Administrator Tom Hedges discussed with the Council the serious traffic back-up, particularly at Diffley Road that has resulted during rush hours during recent weeks. Police Chief Jay Berthe was present and stated that Cedar Avenue in Apple Valley is scheduled to open on November 22, and also Lexington Avenue will soon be opened to Cliff Road, which should help to relieve the congestion problem and return it to normal. No action was taken. PARK AND RECREATION DEPARTMENT - SNOWMOBILE TRAILS A request had been made by a local snowmobile club that the Highline Trail corridor be used again during the 1983-84 season for snowmobile trail purposes. A report from Ken Vraa, the Director of Parks and Recreation, stated that the Recreation Department had no objections. Wachter moved, Thomas seconded the motion to approve the request. All voted yea. 1 00331 Council Minutes November 15, 1983 PUBLIC WORKS DEPARTMENT - NO PARKING DESIGNATIONS The Public Works Director and the Superintendent of Streets recommended that the City Council authorize the posting of "No Parking" signs at two locations in the City, including Letendre Street and Coachman Road, and on Blackhawk Road, adjacent to Carnelian Park, between November 1 and April 1, and no parking at designated locations 2:00 a.m. to 6:00 p.m. November 1 to April 1. Egan moved, Wachter seconded the motion to approve and implement the recommendations. All voted yea. SOUTH OAKS POND ELEVATION A number of residents from the South Oaks Pond area appeared, including Steve Swanson who spoke for the neighbors, expressing their serious concerns about the low lake level of South Oaks Pond. The storm sewer has been in- stalled into and out of the pond in recent years, and a detailed study pre- pared by the Eagan Consulting Engineers regarding the pond and steps that have been taken to attempt to alleviate the problem and proposed remedies to the low pond levels were included in the report. Mr. Colbert explained that attempts had been made to correct the decline in the level and he proposed weekly readings of the lake level. Council members discussed potential solu- tions, including bentonite, chemicals to attempt to seal the pond, etc. Wachter moved, Blomquist seconded the motion that the staff continue to study the proposed solutions to the pond level and expressed the concerns of the Council regarding the pond seapage and further requested the staff to report its recommendations to the Council at a later time. All voted in favor. CONSENT AGENDA The following consent agenda items were submitted and recommended for approval by the staff. 1. Suncliff Addition - Preliminary Plat Approval Extension. An appli- cation has been received for extension of preliminary plat approval for Suncliff Addition in the form of a special agreement providing for a 5-year time frame to proceed to the final plat of the various phases in accordance with the planned unit development agreement to supercede the 12 month approval as presently required by City Ordinance. Staff recommended approval subject to the execution of an agreement and compliance with all ordinances. 2. Oster Addition - Contract #82-3. It was recommended that the seventh and final payment for Contract #82-3 in the amount of $13,913.10 to Encon Utilities, Inc. be approved and the City accept all related public improvements for perpetual maintenance. 2 00332 Council Minutes November 15, 1983 3. Knob Hill Office Park - Feasibility Report. A feasibility report has been prepared for the Knob Hill Office Park covering streets and utilities and it was recommended that the Council receive the report covering Project #386 and order the public hearing to be scheduled for December 20, 1983 at 7:00 p.m. at City Hall. 4. Contractors' Licenses. Three general contractors and three heating and ventilating contractors have submitted requests for licenses and it was recommended by the staff that they be approved. 5. Pick-up Truck - Protective Inspections Department. The City staff has requested quotations for a heavy duty 1/2 ton pick-up for the Inspections Department to be used by the Building Inspector/Fire Marshal/Civil Defense Director and the only bid that was received was from Southview Chevrolet in the amount of $8,880.00. It was recommended that the low quote of Southview Chevrolet be approved for the 1/2 ton pick-up. Further, the City Clerk was authorized to solicit bids for the sale of the old truck. 6. City Bond _ Paying Agent. Federal law has now required that munici- pal bonds be registered as of July 1, 1983. The Director of Finance has recommended that the role of registrar and paying agent for the City's bonds, after review of several potential firms, recommends approval of the appoint- ment of First National Bank of St. Paul as the City's registrar/paying agent, based upon the registration fee schedule of First Bank St. Paul. 7. General Revenue Sharing Hearings. It was recommended that the City Council schedule a public hearing for proposed use of federal revenue sharing for December 6, 1983 at the Eagan City Hall at 7:00 p.m. and a public hearing for the consideration of the proposed annual federal revenue sharing budget for December 20, 1983 at 7:00 p.m. at City Hall. 8. Equipment Certificate Bids. The City received two quotations from Minnesota Bank Eagan, and Norwest Bank, Old St. Anthony N.A. for the $125,000.00 G.O. equipment certificates for 1983. It was recommended that the low bid of Norwest Bank, Old St. Anthony, N.A. with a net interest rate of 8.021212% be approved. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing Consent Agenda items be approved. All voted yea. 3 00333 Council Minutes November 15, 1983 TRUNK WATERMAIN - PROJECT #391 LONE OAK ROAD - TRUNK HIGHWAY #55 Mayor Blomquist convened the public hearing regarding Project #391 con- sisting of trunk watermain at Lone Oak Road, Trunk Highway #55. The report prepared by the consulting engineers was reviewed by Bob Rosene and several area owners were present and had questions concerning the project. There were no objections, however. After discussion, Smith moved, Thomas seconded the motion to close the hearing, to order in the project and authorize the pre- paration of plans and specifications. All voted yea. RACE TRACK FACILILTY - TAX INCREMENT FINANCING Mayor Bea Blomquist then convened the public hearing regarding the appli- cation of Minnesota Jockey Club, Inc. for tax increment financing for funding certain improvements for the proposed Class A paramutual horse racing facility to be located on a 233 acre site planned for the Laukka-Beck property at the northeast corner of the City. The City Administrator indicated that a Housing and Redevelopment Authority had been formed as a result of a public hearing held October 27, 1983, and at a special meeting of the Advisory Planning Commission on November 10, 1983. The plan was reviewed and declared to be in conformance with the City's Comprehensive Plan. The Tax Increment Financing Plan Redevelopment District No. 1 was reviewed by the Planning Commission and recommended to be in conformance with the City's Comprehensive Plan. Mr. Hedges also explained that the purpose of the tax increment financing is proposed to finance $6.3 million in infra-structure costs for the race facility site and will not cover the balance of the Laukka-Beck site. Consultants were present, including Wayne Burgraff, Don Kaiser of Evensen Dodge, Inc., Steve Rosholt of Faegre & Benson - Bond Consulting Attorney, and Ernie Clark from Miller & Schroeder. In addition, Steve Pflaum of the Minne- sota Jockey Club, Inc. was present. Mr. Burgraff indicated that the law does not provide the tax district to contribute to the fiscal disparities auto- matically, but the HRA and City Council may decide to do so. A detailed report from Evensen Dodge was submitted regarding the impact of fiscal dis- parities, meaning the contribution from the proposed project and indicated that it may result in a negative cash flow if the district is required to contribute. Several interested persons from the City were in attendance and asked questions concerning the tax increment financing being proposed. It was noted the tax increment financing is expected to cover a period of 15 to 18 years. Mr. Burgraff detailed the purpose of tax increment financing. He indicated that the mill levy will be the same as in other areas of the City at the time that the increment tax district is formulated. It was also noted that the financing will be contingent upon the Minnesota Race Commission's selection of the site for the race track in Eagan. Mr. Burgraff also stated that if there is an excess amount of revenue that's acquired, the excess could be used to reduce the length of the tax increment issue or the proceeds could be used for some other purpose within the District. 4 00334 Council Minutes November 15, 1983 Several persons had questions and opposed the tax increment plan, including Harry Lemiuex who favored tax increment financing and indicated that he was a recipient of such financing, but opposed its use for recreational purposes. Mike Wold, a member of the Advisory Planning Commission was present and stated that several judgment factor decisions will have to be reached, including when the land would otherwise develop without tax increment financ- ing, when will the City want to use tax increment financing in other locations and suggested that policies be formulated for future uses. Arnold Carlson objected to the use and stated that development would otherwise take place on the site within two to three years. Steve Pflaum explained the reasons for the application, indicating that the purpose is to try to achieve the lowest possible financing package and make it a feasible project. There were questions and objections as to the impact on taxpayers in the City, including those by John Klein. Councilman Smith stated the critical questions include whether this proposal is a feasible project and whether the project would be built without tax increment financing. After lengthy discussion, Smith moved, Egan seconded the motion to close the hearing and to refer the application to the Finance Committee for further recommendation and that the application be resubmitted to the Council at the December 6, 1983 meeting. A question was asked as to the amount of the contribution by the developers and Mr. Pflaum stated the equity of the developers will be between $6,000,000.00 to $12,000,000.00 to develop it. All voted yes. RACE TRACK FACILITY - INDUSTRIAL REVENUE FINANCING The next public hearing concerned the application of Minnesota Jockey Club, Inc. for industrial revenue financing for the proposed race track facility in the sum of $27,000,000.00. Steve Pflaum was present on behalf of the applicant. Mr. Hedges stated that the maximum industrial revenue financ- ing amount generally authorized can be exceeded above $10,000,000.00 for sports facilities and also that the $27,000,000.00 proposal excludes the purchase of land. There were some questions from members of the audience concerning the number of jobs expected, and there being no objection to the industrial financing, Smith moved, Thomas seconded the motion to close the hearing and to approve the preliminary Resolution for the industrial revenue financing. There was a question as to whether there would be more public hearings concerning the race track facility and the staff members indicated that the issue will be on the agenda a number of times in the future, includ- ing future hearings. All voted in favor. 5 00335 Council Minutes November 15, 1983 MIKE GRESSER - I.R. FINANCING A public hearing concerning the proposed application of Michael and Joan Gresser for industrial revenue financing in the sum of $1,391,000.00 for an office warehouse building on Lot 11, Block 1, Sibley Terminal Industrial Park was convened by the Mayor. It was noted that the application was originally approved at the May 19, 1981 City Council meeting but certain documents had not been submitted to the Minnesota Securities Commissioner and therefore a new application was submitted. Mr. Gresser was present and there were no objections. After discussion, Thomas moved, Egan seconded the motion to approve the industrial revenue financing in the amount of $1,391,000.00 according to the application, subject to compliance with all necessary re- quirements. All voted in favor. McCARTHY ASSESSMENT HEARING - PROJECT #305 The continued public hearing regarding Project #305 consisting of assess- ments for the McCarthy property which objections had been filed on July 5, 1983 was convened by the Mayor. The City Attorney and staff recommended that the assessment hearing be continued to December 20, 1983 to allow additional time for research and negotiation. Thomas moved, Wachter seconded the motion to accept the recommendation and continue the hearing to December 20, 1983 at City Hall at 7:00 p.m. All voted yea. STANLEY PIEKARSKI - PROJECT #182R - ASSESSMENTS On October 11, 1983 a public hearing was closed and the record kept open for 30 days to allow additional information concerning the Stanley Piekarski assessment objections for storm sewer purposes. The City Attorney has sub- mitted proposed Findings, Conclusions and recommended motion, including levy of assessments. Paul Hauge reviewed the proposed Findings submitted on November 15 by the attorney for Mr. Piekarski. Mr. Piekarski recommended that no assessments be levied against his property. There being no further discus- sion, Smith moved, Egan seconded the motion to accept the Findings prepared by the City Attorney's office and to implement the adoption of the Findings and the motion and certify the assessments to the County Auditor. All members voted yes. DREXEL HEIGHTS - PROJECT #210 - ASSESSMENT ROLL The Council then reviewed the proposed Findings concerning the Drexel Heights Addition assessments under Project #240. It was noted that a hearing was held on October 11, 1983 at which time the hearing was closed and kept open for 30 days for additional information and proposed Findings. The Find- ings prepared by the City Attorney's office were then reviewed by the City Council, after having been submitted to the Council in the packet and no Findings were submitted by the attorneys for Drexel Heights Addition except for a Memorandum that was dated December 7, 1981. There being no further information submitted nor appearances on behalf of the objectors, Egan moved, Thomas seconded the motion to adopt the Findings and certify the assessments to the County Auditor. All voted in favor. 6 00336 Council Minutes November 15, 1983 HORNE ASSESSMENT ROLL - PROJECT #297R The next assessment roll reviewed by the Council was that of the James Horne and Horne Development Corporation assessments under Project #297R. The Findings submitted by the City Attorney were reviewed indicating the history of the storm sewer assessments and no proposed Findings were submitted by Mr. Horne. A letter, however, was delivered on October 15 to the City Administra- tor requesting that further evidence be permitted to be submitted by Mr. Horne at some time in the future. There was no appearance on behalf of Mr. Horne and Egan moved, Thomas seconded the motion to accept the Findings submitted by the City Attorney and to authorize the certification of the assessments to the County Auditor. Mr. Hauge stated that attorney Harold Sheff, allegedly on behalf of Mr. Horne, suggested the City levy at the higher multi-family rate, but it was noted it would require a hearing to increase the rate with a signed agreement from the owners. All voted in favor. HILLTOP CONDOMINIUMS - REVISED SITE PLAN The City Council, at its meeting on October 18, 1983 denied the applica- tion for revised site plan submitted by Developers Construction Co. and Loren Spande for Hilltop Condominiums. On November 9, 1983, the City Council moved to reconsider its decision and in the interim, an informational meeting has been held between the neighbors of the project and the developer. Loren Spande appeared with a new site plan and a project update dated November 14, 1983 was submitted by Dale Runkle. Access to the building would now be acquired from Diffley Road or through Hilltop Point. No access to any of the townhouse units would be acquired from Berry Ridge Road. The redesign of the buildings includes one less story and the applicants indicate that the erosion problems would be taken care of by berming around the single family lots where erosion has taken place. Landscaping and tree planting will occur in the northeast portion of the site where there will be no buildings constructed. Several neighboring property owners were present and indicated they had no objections to the revised plan. Egan moved, Wachter seconded the motion to approve the revised plan, subject to the following conditions: 1. The plan shall conform with the most recent plan submitted by the developer and approved by the City. 2. The Development Agreement covering Hilltop Condominiums dated November 9, 1982 shall be revised to reflect any changes necessary to implement the revised plan. 3. A detailed site grading and erosion control plan shall be submitted and approved by the City prior to final plat approval. 4. Compliance with all applicable ordinances. All voted yea. 7 00337 Council Minutes November 15, 1983 PHEASANT KNOLL - PRELDIINARY PLAT The application of Will Stenzel Construction for preliminary plat approval of Pheasant Knoll consisting of approximately 18.7 acres and con- taining 120 townhouse units was next submitted to the Council. The Advisory Planning Commission at its October 25, 1983 meeting recommended denial and the City Council, on November 1, 1983 continued the item until November 15 for proposed neighborhood meeting and further review by the staff and the appli- cant. It was noted that no neighborhood meeting had been held and Mr. Stenzel was present at the Council meeting. He stated that a revision to the plan has now been prepared to provide for 102 units. Noting that there will be a significant change in the plan, Wachter moved, Thomas seconded the motion to refer the proposed plan back to the Advisory Planning Commission and for recommendation to the Council. Petitions of neighboring property owners were submitted objecting to the project as originally proposed. All voted in favor. SEE PLAT FILE DR. WALTER BONNETT - CONDITIONAL USE PERMIT EAGAN HILLS PET HOSPITAL The application of Dr. Walter A. Bonnett for conditional use permit for veterinarian clinic in Eagan Hills, named Eagan Hills Pet Hospital in Knob Hill Office Park was presented to the Council. The Advisory Planning Commis- sion recommended approval subject to conditions. Dr. Bonnett was present and made a presentation primarily showing the other hospital buildings that he has constructed in the Twin Cities. Thomas moved, Egan seconded the motion to approve the application subject to the following conditions: 1. That there be no long term boarding of animals in the facility. 2. That there be no outside use of kennels or runs in connection with the faclity. All voted yea. KENSINGTON PLACE - PRELIMINARY PLAT The application of Tomark Development Company for preliminary plat approval of Kensington Place covering approximately 71 acres with 400 carriage homes and 336 apartment condominiums was brought before the Council. The Advisory Planning Commission on October 25 conducted a public hearing and recommended approval, subject to numerous conditions. Mark Ravich, developer and Jim Hill, were present, together with Jim Currey, owner of the property. Dale Runkle reviewed the application in some detail and explained the proposed park dedication as well as the site distance from the residences to the southwest. Mayor Blomquist questioned the density and compliance with the 8 00338 Council Minutes November 15, 1983 Comprehensive Guide and noted the R-1 density covered the westerly portion and R-3 the easterly portion of the site. Also, she was concerned about the high density next to the single family use to the west. Mr. Ravich stated there is a physical buffer with the higher land and berming that's being proposed. Mr. Currey further indicated that a planned development agreement existed prior to the last Comprehensive Plan. There were also questions as to whether the Metropolitan Council should review the change in the use and no resolution of that issue was reached. It was noted that park land dedication and open space use will be determined at a later time. After extended discussion, Smith moved, Thomas seconded the motion to approve the application on the basis of the terrain on the property, the conformance with the Comprehensive Plan, that the area is intended for residential multiple use under the Planned Develop- ment Agreement and the proposal is at the low end of the R-4 density, subject to the following: 1. All buildings and garages shall meet the setback requirements estab- lished in Chapter 11 of the Eagan City Code. 2. A homeowner's association shall be established and the governing documents shall be submitted to the City for review prior to approval of the final plat. A single homeowners association shall apply to all phases which shall be transferred from the developer to the individual owners of the units no later than the completion of Phase One. 3. The plat shall be subject to the Dakota County Plat Commission's review and comments because the plat abuts County roads. 4. A detailed landscape plan shall be prepared for this development with a special emphasis in landscaping being done in the areas which abut the single family lots and an adequate landscape bond shall be submitted and not released until one year after the landscaping has been completed. Berming and plantings shall be provided as a minimum, according to the site lines in the attachment to the application. 5. The plat shall be subject to the Park Commission's review and com- ment, especially in regard to Outlot A of Kensington Place 1st Addition. 6. The plat will only allow construction of two 16-unit buildings and construction of the first portion of the private drive plus the amenities. Prior to issuance of any other building permits, the replat of the outlots shall be submitted. 7. The applicant requested that a model home and sales office be the first building constructed with permit to be issued after preliminary plat approval. There shall be no occupancy of the unit until the final plat has been recorded and all utilities have been installed, approved and accepted by the City. 9 00339 Council Minutes November 15, 1983 8. If utilities are planned to be installed privately, plans and spec=- fications shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 9. The entire 100 foot right-of-way for Lexington Avenue shall be dedicated with this plat, if possible, from County Road 30 to Wilderness Run Road. 10. Easements shall be dedicated according to City staff recommenda- tions. 11. All costs associated with any public improvements performed within this development shall be the sole responsiblity of this development. 12. A detailed grading and erosion control plan shall be submitted for approval. 13. A 55 foot half right-of-way shall be dedicated for County Road 30 (Diffley Road). 14. The existing Lexington Avenue right-of-way south of County Road 30 along the western edge of this plat shall be vacated prior to the City releas- ing the final plat for recording. 15. This development shall accept, at the time of final plat approval, its responsibility for trunk area storm sewer assessments in accordance with the rates in effect at that time. 16. All applicable City ordinances and regulations shall be complied with. 17. A single architectural theme shall be carried through the develop- ment in all phases. 18. The concept plan as presented in the preliminary plat application shall be followed in all phases of the development. 19. The developer shall provide ponding according to specifications provided by the City. Those in favor were Smith, Wachter, Egan and Thomas; Mayor Blomquist voted against indicating that she felt the density should be followed more closely with the Comprehensive Guide Plan. SEE PLAT FILE 10 00340 Council Minutes November 15, 1983 FAWN RIDGE - PRELIMINARY PLAT The application of Countryside Builders, Inc. for preliminary plat approval of Fawn Ridge totaling approximately 64 acres and containing 99 single family lots and 44 twin home lots was brought before the Council. The Advisory Planning Commission on October 25, 1983 recommended approval, subject to numerous conditions. Dale Runkle detailed the application and stated that access to Cliff Road is now being proposed after the Advisory Planning Commis- sion's meeting. Ralph Wagner was present on behalf of Probe Engineering as was Jerry Lagro and Jim Currey. Mr. Wagner reviewd the proposed revised plan and noted that certain additional duplex lots meet the area minimum require- ments. It was now being proposed that three single family lots on the west abut the single family homes in Oak Pond Hills. He stated there was no change in deviation for single family lots as proposed, with the average lot width 68 feet. The City Public Works Director recommended connection to Oak Pond Hills Drive for emergency vehicles and secondary access including continuity and elimination of a long cul-de-sac. The Park Committee recommended against acceptance of the proposed park in the southeast corner of the site and the developer indicated the alternative would be to extend the lots into the low land at that location. Councilman Egan was concerned about duplexes abutting large R-1 single family lots to the west in Oak Pond Hills. Mayor Blomquist had objections to the use of R-2 abutting single family homes also and she indicated that it was her opinion that a Planned Development Agreement does not allow smaller non-conforming lots without variance approval. City Attorney Paul Hauge noted paragraphs 6 and 21 of the Planned Development Agreement covered densities and requires conformance with City Ordinances in the development of the individual plats. The developer indicated that he could develop more densely according to the density under the PD Agreement. Both Councilman Egan and Wachter were opposed to the road connection to Oak Pond Hills Addition for several reasons. Councilman Smith, however, stated that it is good engineering policy to connect streets and avoid long cul-de- sacs. Mr. Wagner then stated that the developer will provide that all single family lots abutting Oak Pond Hills will conform to minimum requirements and all lots abutting the subdivision of Oak Pond Hills will consist of R-1 uses. Gary Petick, a neighboring owner representing 10 neighboring residents, appeared and objected to the increased traffic on Oak Pond Hills Drive and stated the upgrading cost would be unreasonable and recommended the road not be connected. Another neighbor was concerned about lot size transition, but particularly on the north side of Oak Pond Hills near Wilderness Run Road. After further discussion, Egan moved, Wachter seconded the motion to continue consideration of the application and recommended the developer meet with the neighboring property owners and return with recommendations regarding the abutting lot; further, that the staff study and make recommendations concern- ing the connections with Cliff Road and Oak Pond Hills Drive, noting that there may be more safety hazards with the connection of Oak Pond Hills Drive creating greater increase in traffic, unsafe existing road, and that the access to Cliff Road may be available. All voted in favor. It was understood the application will be considered at the December 6, 1983 meeting. 11 00341 Council Minutes November 15, 1983 OFF-SALE LIQUOR LICENSE POLICY David Perrier, representing Perrier & Associates, Inc. has requested the City Council consider changing Section 5.52 of the Liquor License Restrictions and Regulations and more specifically, Subdivision 12 by amending that regula- tion to allow 5 off-sale liquor licenses within the City. The policy now provides for no more than 4 off-sale licenses spread geographically throughout the City. Mr. Hedges introduced the topic and Mr. Perrier was present. Councilman Egan stated that there does not appear to be sufficient justifica- tion presented for change in plolicy at the present time and the Council has reviewed the issue on several earlier occasions. It was also noted that justification must be submitted in advance of the meeting. Mr. Perrier stated that the City has the largest percentage of residents per license compared with surrounding communities with the closest license location two miles away. He requested time to make an additional presentation but because of the late hour and lack of consensus amongst Councilmembers, no action was taken on the request. In addition, no action was taken on the application of Perrier & Associates, Inc. for an off-sale liquor license application for Hilltop Plaza Shopping Center because there are currently 4 off-sale licenses that have been issued and the policy provides for a maximum of 4 licenses. MICHAEL EKBLAD - COUNTRY HOME HEIGHTS ADDITION - VARIANCE An application from Michael Ekblad for a 23 foot front setback variance from a 50 foot requirement for Lot 1, Block 1, Country Home Heights Addition was presented. Mr. Ekblad was present and there were no objections to the application. It was noted by the Protective Inspection Department that a garage was being constructed on the property without a building permit and Mr. Ekblad then submitted an application. A list of neighbors within 200 feet was provided but no written approval from the neighbors. Councilmembers expressed concerns about any owner constructing a building before a permit is acquired and Mr. Ekblad stated he had not intended to build an addition originally. Based upon the fact that the building is already started, Thomas moved, Wachter seconded the motion to approve the application, subject to compliance with all other applicable building ordinance provisions. Those in favor were Thomas, Wachter and Blomquist; Smith voted no; and Egan abstained. Councilman Smith stated that neighboring owners should have signed a statement approving the permit before action by the Council. STREET NAME CHANGES A proposed list of street name changes in the City was submitted by the City staff and recommended for approval. Upon motion by Egan, seconded Wachter, it was resolved that the following list of street name changes be approved: 12 00342 Council Minutes November 15, 1983 EXISTING NAME PROPOSED NAME Unnamed Center Court Lexington Avenue Lexington Way Eagandale Industrial Boulevard Corporate Center Drive Avalon Avenue Corporate Center Drive Horizon Lane Oak Chase Way Oak Chase Way Oak Chase Lane Twiggy Street Overhill Farm Road All voted in favor. OAK CHASE 6TH ADDITION - FINAL PLAT The application of Houston Construction Co. for final plat approval of Oak Chase 6th Addition was submitted for consideration. The staff recommended approval. John Houston was present and there were no objections. Egan moved, Wachter seconded the motion to approve the application for final plat approval, subject to compliance with all City requirements. All voted yes. R 83-72 GOPHER EAGAN INDUSTRIAL PARK DEVELOPMENT REVIEW An application has been submitted to the City for building permit on Lot 12, Block 1, Eagan Industrial Park lst Addition. Staff indicated that the Addition was given final plat approval on February 3, 1976 and on July 2, 1979 a public hearing was held pertaining to the installation of utilities to serve the subdivision. The developer then indicated that it would perform all site grading prior to utility installations but this was not done. Also, financial guarantee to insure the developer's compliance with the improvements was not submitted in 1976 and the staff recommended the building permit not be issued. Several alternates were reviewed for service of sanitary sewer to the site and staff indicated they expect that the Metro Waste Control Commission would not allow a connection to its sanitary sewer trunk located on the east side of Trunk Highway #149 adjacent to the parcel. Staff recommended the Council order the preparation of a revised feasibility report for #271R and order a new public hearing if the permit is issued. In addition, staff recommended that the internal streets be put in because the only access would be private easement to the lot. James O'Brien, contractor for the owner of the property, was present and requested direction from the Council indicating that connection to the Waste Control Commission trunk had not been approved. Wachter moved, Egan seconded the motion to deny the request for building permit because there was no adequate access to the lot nor are there public utilities available to service the property at the present time. All voted yea. 13 00343 Council Minutes November 15, 1983 DECADE OF DISABLED PERSONS PROCLAMATION The U. S. Congress has adopted a Resolution declaring 1983 through 199 as the Decade of Disabled Persons and proclamations are being issued through- out the country in support of the proposal. The proposed Proclamation was submitted and upon motion by Egan, seconded Smith, it was resolved that the Eagan City Council proclaim 1983 through 1992 as the Decade of Disabled Persons and that Jan Smith be appointed the liaison for the City of Eagan for the project. All voted in favor. D 83-6 CITY AUDITING FIRM The Director of Finance and City Administrator have reviewed 8 proposals submitted by prospective auditing firms for the City. A request for proposals was sent to 12 firms with 8 submitting proposals. Mr. Hedges and Mr.VanOverbeke were present and indicated that they interviewed 4 firms, including Deloitte, Haskins & Sells; De La Hunt Voto, Co., Ltd.; George M. Hansen Co., P.A.; and Wilkerson, Guthman & Johnson, Ltd. After having re- viewed the proposals of each of the firms and after staff rating, it was recommended that the firm of Deloitte, Haskins & Sells be engaged for auditing services for the City based on its proposal. Thomas moved, Egan seconded the motion to accept the recommendation of the staff and approve the engagement of Deloitte, Haskins & Sells as the City Auditors. Councilman Smith spoke very highly of Roger Katzenmaier of the firm of Wilkerson, Guthman & Johnson and expressed thanks on behalf of the City Council for the very diligent work done by that firm in recent years for the City. All voted in favor except Wachter who abstained stating that he had a friend with Deloitte, Haskins & Sells. CITY COPY MACHINE Thomas Hedges indicated that IBM has recently changed its pricing structure relating to copy duplicator machines. In a new marketing effort, the capital cost for copy equipment has been dramatically reduced and the staff recommended that the City purchase a Model 40 IBM copy duplicator with a trade-in of the IBM Model 20, noting that the increased cost would be about $5.00 per month. Wachter moved, Thomas seconded the motion to approve the recommendation and authorize its implementation. All voted yea. SPECIAL ASSESSMENT FUND - 1978 The Director of Finance has reviewed the 1978 special assessment bond fund and determined that a deficit does and has existed in that fund. It was noted that project costs have exceeded amounts bonded and there were a number of special assessment postponements with no collections received. The Finance Director recommended that there be no ad valorum tax levy but an equity transfer from the Consolidated Debt Service Fund in the amount of $275,000.00. Upon motion by Smith, seconded Wachter, it was resolved that the recommenda- tion be approved to transfer $275,000.00 for the Consolidated Debt Service Fund to a special assessment fund 2-1978. All voted in favor. 14 00344 Council Minutes November 15, 1983 MAINTENANCE GARAGE PARKING LOT PERMIT Mrs. Betty Sandberg of 1560 Yankee Doodle Road requested Council approva; for permission to use either the City parking lot or the side of Coachman Road for parking on December 4, 1983 for the German Shorthaired Pointer Club of Minnesota, Inc.'s monthly informal field trial on Dr. Lyle Hay's property. Thomas moved, Smith seconded the motion to allow the city maintenance parking lot to be used for that purpose, as requested. All voted in favor. G.O. BOND CERTIFICATE OF 1983 A request from a bond holder to issue a duplicate bond covering the Eagan G. 0. Revenue Bond of 1983 due to a lost certificate was submtited to the Council and recommended for approval. Smith moved, Egan seconded the motion to approve the request. All voted yes. LISA FLEMING - RESIGNATION Mr. Hedges stated that Lisa Fleming has resigned as the City Hall Recep- tionist and will be taking a new writing position with Prudential Insurance Co. Blomquist moved, Thomas seconded the motion to accept the resignation and authorize the staff to solicit applications for the new position. All voted in favor. NEW YORK BOND RATING TRIP At the recommendation of the City Administrator, upon motion by Blomquist, seconded Wachter, it was resolved that Councilman James Smith be authorized to attend a meeting in New York concerning the upgrading of the City bond rating on November 21 and 22, 1983. All voted in favor except Smith who abstained. 1983 G. 0. BOND ISSUE RESOLUTION A proposed Resolution correcting two bid opening dates covering March 17, 1983 and April 19, 1983, including Projects #83-8 and #83-5, was submitted by the City Attorney. Egan moved, Wachter seconded the motion to adopt the Resolution covering the bid openings. All voted yea. SEE BOND FILE 1983 - 1984 SNOW PLOWING Mr. Colbert recommended to the City Council that Vic Rolfing be hired on a part-time basis for snow plowing purposes only during the 1983-19814 snow plowing season, noting that because of the increased number of streets, cul- de-sacs and skating rinks that the maintenance staff is expected to be short- handed during this season. Wachter moved, Thomas seconded the motion to approve the recommendation. All voted in favor. 15 0034 5 Council Minutes November 15, 1983 CHECKLIST Egan moved, Wachter seconded the motion to approve the following check- listsdated: October 31 and November 15, 1983. All voted yea. ADJOURNMENT Upon motion by Wachter, seconded Blomquist, it was resolved that the Council meeting adjourn at 12:45 p.m. All voted in favor. PHH Cit erk 16