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09/20/1983 - City Council Regular 00261 MINUTES OF THE REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 20, 1983 A regular meeting of the Eagan City Council was held on Tuesday, Sep- tember 20, 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, Con- sulting Engineer Rosene and City Attorney Hauge. AGENDA Egan moved, Thomas seconded the motion to approve the Agenda as prepared. All voted yes. MINUTES Wachter moved, Egan seconded the motion to approve the Minutes of the September 6, 1983 regular City Council meeting distributed to the Councilmembers. All voted in favor. PARK AND RECREATION COMMITTEE Tom Hedges reviewed the memorandum prepared by the Director of Parks and Recreation, Ken Vraa, regarding the purchase of a used 1978 Vermeer TS 44-A tree spade. The sale price is $8,500.00, whereas a new piece of equipment is approximately $20,100.00 and the Park Director recommended approval. It was proposed that funding be through equipment certificates. Smith moved, Thomas seconded the motion to authorize the purchase with funding information to be submitted to the Council at a later time. All voted in favor. CONSENT AGENDA The following consent agenda items were submitted to the Council and recommended for approval: 1. Contractors' Licenses. It was recommended that Midwest Fence and Manufacturing Co., Panelcraft of Minnesota, Inc. and Watson Building and Remodeling, Inc. be approved for licenses as contractors. 2. Project #388 - Suncliff let Addition. The feasibility report for Project #388 was submitted to the Council and it was recommended that the report be received and that the Council order a public hearing to be held on October 18, 1983 at 7:00 p.m. at the City Hall. 1 00262 Council Minutes September 20, 1983 3. Charkist Amusement Device Licenses. An application from Patricia Leahy for license for 3 amusement devices for the Charkist restaurant at 1975 Seneca Road was submitted. It was recommended that the application be approved. Thomas moved, Egan seconded the motion to approve the items on the con- sent agenda. All voted in favor except Wachter, who voted yes as to all consent agenda items except the Charkist amusement device application. McCARTHY-WESCOTT ROAD - CONDEMNATION ACTION The City Attorney reported to the Council concerning the jury verdict reached on September 9, 1983 after the District Court trial regarding the Wescott Road condemnation action. Several alternates including appeal, motion for amended verdict and negotiation of the two other condemnation actions commenced or proposed were also discussed. The staff was requested to nego- tiate further concerning the other easement acquisitions. Upon motion by Wachter, seconded Egan, it was resolved that the Council be on record indi- cating that a potential future connection charge for benefitted McCarthy property adjacent to Wescott Road could be levied at some time in the future. All voted in favor. OVERHILL FARM ADDITION - STREETS - FINAL ASSESSMENT ROLL PROJECT #332B The final assessment roll for Project #332B covering Overhill Farm Addi- tion street assessments was submitted to the Council. Upon motion by Smith, seconded Thomas, it was resolved that the assessment roll be received and that the assessment hearing be scheduled for October 18, 1983 at 7:00 p.m. at the City Hall. All voted yes. SPECIAL COUNCIL HEARING The Council designated a special meeting of the City Council for October 11, 1983 at 7:00 p.m. at the City Hall to cover certain committee appointments and also public hearings concerning assessments. 2 00263 Council Minutes September 20, 1983 BLACKHAWK OARS - STREETS AND UTILITIES - PROJECT #376 The first public hearing convened by Mayor Bea Blomquist concerned Project #376 regarding streets and utilities in Blackhawk Oaks Addition. The developer requested that the hearing be continued indefinitely because of the inability to acquire necessary storm sewer easements. Wachter moved, Egan seconded the motion to close the hearing and to deny the authorization for the project with the understanding that the applicant could reapply at a future time but further, that the developer would reimburse the City for costs incurred to date. All voted yes. SUNSET 1ST AND 2ND ADDITIONS - STORM SEWER LATERAL - PROJECT #380 The continued public hearing regarding lateral storm sewer improvements in Sunset 1st and 2nd Additions under Improvement Project #380 was then con- vened. The first hearing had been held on August 2, with a continuation to September 6 and then to September 20, 1983. The applicants have requested that the storm sewer project be terminated because of the excessive cost. Smith moved, Wachter seconded the motion to close the hearing at the developer's request and to deny the project and further to bill all costs to date on the project, to the developers. All voted yea. PROJECT #297R - BLACKHAWK LAKE - STORM SEWER HEARING Mayor Blomquist reconvened the public hearing covering the James Horne property under Project #297R concerning the Blackhawk Lake storm sewer im- provements. Mr. Colbert indicated that the Council had continued the hearing several times at the request of Mr. Horne and several drafts of an agreement had been prepared and submitted to Mr. Horne for approval of the storm sewer assessments. A letter from Harold Sheff, Mr. Horne's attorney, was reviewed requesting a delay of the hearing until after October 18 when an application for zoning is expected to be heard by the City Council. There was no appear- ance on behalf of Mr. Horne. Noting the hearing had been continued many times, Thomas moved, Wachter seconded the motion to reschedule the continued hearing to October 11, 1983 at 7:00 p.m. at the Eagan City Hall. All voted in favor. PROJECT #385 - ROBERT B. LEWIS HOUSE - SANITARY SEWER The continued public hearing under Project #385 consisting of sanitary sewer to be extended to the Robert B. Lewis Battered Women's Home on Cedar Avenue was then convened. Dave Johnson, a neighboring owner, had requested that his lot be deleted from consideration with the project and staff recom- mended that the deletion be approved. There was no appearance by the appli- cant and after review of the proposal, Thomas moved, Egan seconded the motion to close the hearing, to order in the project and to authorize preparation of plans and specifications as to the Lewis House only. All voted yes. 3 00264 Council Minutes September 20, 1983 PROPOSED 1984 BUDGET The City Administrator presented a summary of the proposed 1984 Budget for all general government departments of the City, the proposed mill rate and the effect of the mill rate in general property tax distribution caused by the Minnesota Legislature's reduction of local government aid. He stated that the next action regarding the budget will be the mill levy certification scheduled for consideration at the October 4, 1983 Council meeting. There were ques- tions from several persons in the audience and an explanation of the answers to the questions were given by Mr. Hedges. No action was taken. WESCOTT ROAD - PROJECT #305 - TRUNK WATER MAIN HEARING The continued public hearing regarding Project #305 concerning the assessment hearings for Wescott Road area trunk water main which had been rescheduled from July 5, 1983 was convened by Mayor Blomquist. There was discussion concerning the potential for settlement of the assessment appeal or the objections to the assessments by the owners of the McCarthy property and the City Attorney recommended that the hearing be scheduled in November. Upon motion by Egan, seconded Wachter, it was resolved that the public hearing be scheduled for November 15, 1983 at 7:00 p.m. at the Eagan City Hall. All voted yea. AIRPORT NOISE Mr. Hedges reviewed a letter from Tim Anderson, Manager of Noise Abate- ment with the MAC in response to Mr. Hedges' letter requested by the Council for information regarding air traffic noise concerns. The Council on July 19, had requested the information in response to numerous persons objections. Mr. Hedges stated, as did Mayor Blomquist, that the objections are continuing to come in. The Mayor indicated that the response was inadequate and there appeared to be increasing noise in certain areas of the City. She recommended an ad hoc committee be formed to evaluate some of the concerns and proposed methods for alleviating the noise. A number of residents were present and discussed potential legal action and also the impact of the noise in their areas of the City. John Gustin in Timberline, indicated that it appeared to him that there is an improvement in the traffic noise patterns in the north portion of the City. Councilman Egan indicated that the winter months and colder weather, changes in plane design, the policing of take-off and landing patterns, and fewer deviations will help to alleviate the problem. Smith moved, Wachter seconded the motion to authorize the formation of an Ad Hoc Air Noise Committee to study the impacts of noise on the City and potential recommendations to the City Council for alleviation of excessive air noise. Mr. Anderson did appear at the end of the discussion and reviewed with the Council some of the steps that had been taken by MAC in attempting to monitor noise and aircraft deviations and stated further study will take place and information will be submitted to the City. All voted affirmatively. 4 00265 Council Minutes September 20, 1983 RUSSELL BOLKCON - RUBBISH HAULER LICENSE An application had been submitted by Russell Bolkcom of 4539 Scott Trail for rubbish hauler's license and the application had been continued from Septemebr 6, 1983. The Council had had questions about storage of the rubbish truck and Mr. Bolkcom indicated that the truck will be parked at the Eagan Service Center at 4195 Nicols Road and all repairs will be done at the Service Center. Egan moved, Thomas seconded the motion to approve the application based upon the information submitted by Mr. Bolkcom. All voted yea. KNOB HILL OFFICE PARK - PRELIMINARY PLAT The application of Dunn Real Estate Management, Inc. for approval of the revised preliminary plat for Knob Hill Office Park was next brought before the Council. A copy of the proposed Declaration of Covenants and Restrictions was submitted to the Council for review and City Planner Runkle, and City Attorney Hauge recommended approval with minor revisions. Mayor Blomquist recommended that a paragraph be inserted providing for approval by the City Council of any revisions to the restrictions that affect the City directly. Wachter moved, Egan seconded the motion to approve the Declaration of Covenants and Restric- tions subject to the change proposed by Mayor Blomquist. All voted in favor except Councilman Smith who voted no. It was noted that a vetinarian clinic was proposed to be constructed on one of the lots, by Dr. Bonnett, and the City Planner requested the City Council determine whether it would be a simi- lar use under the Ordinance, based upon the fact that there is not intended to be any outside harboring of animals. The Council requested the issue be submitted to the Planning Commission for review and recommendation. See Plat File KNOB HILL OFFICE PARK - FEASIBILITY REPORT - PROJECT #386 A petition was presented by the developer of the Knob Hill Office Park requesting a feasibility report for streets and utilities. Upon motion by Smith, seconded Thomas, it was resolved that the request be accepted and that the Consulting Engineer be authorized to prepare a feasibility report for Project #386. All voted in favor with the understanding that the expenses for the project will be paid by the developer of the plat. HORSE RACING FACILITY - REZONING AND PRELIMINARY PLAT The application of Laukka-Beck and Minnesota Jockey Club, Inc. for re- zoning from RSC-PD and R-4 to Planned Development and for preliminary plat of Laukka-Beck Eagan for Class A horse racing facility and retail office area was then brought before the Council. Mr. Hedges introduced the topic and stated that extensive reports have been prepared by staff members in response to questions of the City Council and concerned area residents, and further indi- 5 Council Minutes September 20, 1983 00266 cated that if the Council approves the application for preliminary plat and rezoning, that the questions be further addressed and considered as a part of the final plat as outlined in a proposed development agreement. He briefly touched on the proposed industrial revenue financing and tax increment financ- ing and stated that they would not be discussed in detail at the meeting, but if the applications for rezoning and plat approval are approved, that those issues will be reviewed and discussed at future meetings. The Metropolitan Council held a meeting on September 9 to review the local comprehensive plan impact, sewers, highways, parking requirements, airports and parks and con- sistency with other metropolitan guide chapters. Reports from Administrative Captain Pat Geagan of the Police Department concerning security and traffic, gambling and prostitution issues, was presented together with reports from Fire Chief Bob Childers and Fire Marshall Doug Reid, Tom Colbert, Director of Public Works, Ken Vraa, Director of Parks and Recreation and Administrative Intern Witt with a summary of action by the City to date, and also certain comments were made by Councilmembers. The discussion was recorded on cassette recorder. Mayor Blomquist questioned whether sufficient information had been prepared concerning traffic patterns and connections to I-494. Peter Jarvis of BRW was present, as were other representatives of the applicants. Mr. Jarvis reviewed in detail the studies that have been made by his firm regard- ing traffic volumes on a weekday and weekend basis. He stated that peak hour issues are the critical ones with 38,000 daily trips anticipated, including 5,500 for the race track with 350 P.M. peak hour trips. A number of interested persons were present in the audience and had questions concerning the proposal. One question was whether the forecasts are accurate and would major streets be used rather than local streets. Mr. Jarvis illustrated the major routes and stated that forecasts are not neces- sarily totally accurate, but were the best estimates that can be prepared. Excessive congestion was the concern and the peak hour figures were illus- trated from the studies prepared. Mr. Jarvis stated that it is quicker to get on the freeway than to go north on #149 to Highway #110. Dave Rolbiecki questioned whether signal lights will be installed and further disputed the statistics on the amount of potential traffic congestion that would be created. It was noted that if the entire area were used for commercial purposes, that the traffic generated from an all office-retail development would be about three times that expected to be created from the race track. It was suggested that in the event the race track is not approved, that an amendment of the Planned Development would be requested with office-commercial within the property. Larry Wenzel, the former President of the Dakota County Chamber of Commerce was present and presented a Resolution on behalf of the Chamber supporting the location of the racing facility in Eagan. He indicated that the Chamber had originally supported location of the facility in Dakota County. Mary Teske stated that traffic would be a problem, and further stated that in her opinion, other problems could be created from the installation of a race facility. Barbara Schmidt, a neighboring owner, had concerns and raised questions concerning the proposed facility including potential gambling problems, possible increased crime and questioned proposed financing of the project. Mr. Rolbiecki stated that he felt that the figures had been changed since the first report to the Advisory Planning Commission and requested that the statistics be checked for accuracy. Mr. Jarvis stated that the estimate is that there would be $4 million to $6 million total tax revenue expected without the race track facility, and $3.7 million on an annual basis, based on current day tax-assessed valuations with the race track facility installed. A large number of persons were present who favored the proposal and others who did not oppose it. Mayor Blomquist stated the impact could be greater on the 00267 Council Minutes September 20, 1983 community if only commercial office use was constructed on the property. It was further requested that in the event that the race track facility is not installed, that the entire planned development be reviewed by the Planning Commission and City Council. Thomas moved, Smith seconded the motion to approve the application for rezoning and for preliminary plat, with the following conditions: 1. The Planned Development Agreement for the race track facility cover a maximum period of 3 years from the date of final council approval to the date of commencement of construction. 2. In the event that the Planned Development Agreement is in default, that the zoning will revert to Agricultural underlying zoning for the race facility 233.8 acres. 3. The balance of the property shall be intended for office re- tail/office showroom area to provide for a maximum 10 year development with underlying CSC zoning. 4. The Class A Race Track shall be determined to be an accepted use under the Planned Development. 5. The Planned Development Agreement shall be executed by the applicant no later than 4 months from the date of Council approval of the planned development. 6. The park dedication requirements as imposed by the City will be fulfilled by the applicant. 7. A socio-economic impact study will be prepared and included in the planned development process. 8. The Planned Development Agreement shall be reviewed and approved by the Planning Commission prior to final execution. Councilman Wachter stated that the land has been planned for development since 1969 and even if the race track does not become a reality, that it would develop as a prime commercial area within the City. Councilman Wachter also expressed his concerns about the project, but stated that if the Council approved the application, that it would be deeply involved at each stage of the development. Mayor Blomquist also indicated that there are many other steps in the process and the concerns can be raised at those times. Warren Beck, one of the developers, stated that they will continue to attempt to answer the concerns of the Lone Oak Lutheran Church members and have offered 150 feet without cost to the Church along the East line of the Church property. Steve Pflaum stressed that this is only the first step and there are many other agencies that must review the application. Councilman Smith mentioned that he had voted against the domed stadium because he felt it would not create tax revenue and roads were not in place at that time, but that Eagan has no state-wide identity which the race facility would offer. After two hours of discussion, the hearing ended with all members voting in favor. SEE PLAT FILE R 83-57 7 00268 Council Minutes September 20, 1983 PARK RIDGE TRUNK WATERMAIN - ROBERT B. LEWIS SANITARY SEWER CONTRACT #83-13 Bids have been received for Contract #83-13 and it is recommended the low bidder, S. M. Hentges & Sons with the total base bid of $45,725.00 be approved. Egan moved, Wachter seconded the motion to approve the low bid and award the contract to S. M. Hentges & Sons. All voted yes. MARJORIE J. BRANDT - WAIVER OF PLAT The application of Marjorie Brandt for waiver of plat covering Lots 4 and 5, Block 1, Country Home Heights Addition to shift the center lot line between the lots was presented to the Council. Mrs. Brandt was present and indicated that her intent was to change the line to include the garage on the lot with the house. The APC recommended approval subject to conditions, and upon motion by Wachter, seconded Egan, it was resolved that the application be approved subject to the following: 1. All necessary easements shall be dedicated to the City as recom- mended by City staff. 2. All applicable ordinances shall be complied with. All voted yes. R 83-58 KINDER KOLLEGE - CONDITIONAL USE PERMIT The application of Kinder Kollege, Inc. for conditional use permit to allow day care facility in the former Mr. Steak Restaurant in the Cedarvale area was presented to the Council. The Advisory Planning Commission at its meeting on August 23, 1983 recommended approval of the application, subject to certain provisions. A representative of the applicant was present and answered questions of Councilmembers. Councilman Egan queried whether a shopping center is an appropriate location and it was noted that the Silver Bell Shopping Center location where a Montesorri School was proposed included a play area where the main traffic pattern around the building would have taken place. After discussion, Wachter moved, Egan seconded the motion to approve the application subject to the following conditions: 1. The hours of operation shall be from 6:00 a.m. to 6:00 p.m., Monday through Friday. 2. This use shall meet all State licensing requirements. 3. This proposed newly-created lot shall be subject to the Park Commis- sion's review and comment. 4. All applicable City Ordinances shall be met. All voted yes. 8 00269 Council Minutes September 20, 1983 NATIONAL CHILD CARE CENTERS - CONDITIONAL USE PERMIT The next application brought before the Council was the application of National Child Care Centers, Inc. for conditional use permit to allow child care center in a Neighborhood Business District in the Hilltop Commercial Center on Diffley Road and Pilot Knob Road. Two representatives of the appli- cant were present and Mr. Runkle detailed the application. Mayor Blomquist asked how many vans would be parked in front of the building and it was noted that two vans at the present time with possibly three in the future. She was concerned about vandalism and the aesthetics of vans parked in the front of the building. There being no objection, Egan moved, Smith seconded the motion to approve the application as presented with the following conditions: 1. The lot line shall be established so the building will cover no more than 20% of the lot through approval of waiver of plat on subdivision approval. 2. The hours of operation shall be from 6:30 a.m. to 6:30 p.m., Monday through Friday. 3. The applicant shall meet all State licensing requirements. 4. This proposed newly-created lot shall be subject to the Park Commis- sion's review and recommendation. 5. All applicable ordinances shall be complied with. 6. Easements shall be dedicated as required by the City. 7. No more than two vans would be allowed to be stored overnight near the building without City Council approval for additional vans. All voted yea. A. J. ADDITION - PRELIMINARY PLAT The application of Tri-Land, Inc. and Bradley Swenson for preliminary plat approval of A. J. Addition consisting of approximately one acre and containing three single family lots was considered by the Council. Dale Runkle introduced the application and Brad Swenson also was present. It was noted the Advisory Planning Commission recommended denial at its meeting on August 23, 1983. There were also concerned area residents present, several of whom objected to the application. Mr. Swenson stated the application complies with the R-1 Single Family minimum zoning requirements, that there would be vegetative screening along the north side of the property, the price range of the homes to be built would be in the $80,000.00 to $95,000.00 bracket, and Oxford Construction is the proposed builder. He stated that it was his 9 00270 Council Minutes September 20, 1983 opinion that the restrictions and covenants in Country Home Heights Addition were no longer effective by State law and further, that the Dakota County Highway Department has permitted an access directly to Lone Oak Road. Docu- mentary information was submitted by Mr. Swenson to the Council, including a letter from Dakota County Engineer Bob Sandeen confirming the access. He stated that there would be a turn-around on the site off of Lone Oak Road and that there would be adequate site distance. He suggested that the home on the Egan Avenue lot be set back about 70 feet. It was noted that two single family homes on Cliff Road had a common easement similar to what was being proposed in A. J. Addition. Neal Rolfson, the owner of the lot to the north appeared and objected, including Mr. and Mrs. Maloney, and the neighbors to the west across Egan Avenue. Their objections included the fact that there would be smaller lots than other lots in Country Home Heights Addition, there would be potential safety problems on to Lone Oak Road, that there would only be right turn in and out after the median on Lone Oak Road is installed, drainge problems are already in existence and that there would be parking problems because of inadequate parking on the lot sites. Also, there was an objection to the use of the vegetation barrier only. Councilman Egan stated that he would abstain from voting, but indicated that a replat of a portion of an existing lot should be subject to closer scrutiny. Smith moved, Wachter seconded the motion to accept the recommendation of the Advisory Planning Commission including the reasons indicated by the Advisory Planning Comission and also that the double access on Lone Oak Road would only provide right turn in and out in the event that a median was installed at some time in the future, however, Smith also stated it would be possible to place two homes on the property. All voted yes except Egan who abstained. RIDGECLIFFE 6TH ADDITION - PRELIMINARY PLAT The application of U. S. Homes for preliminary plat approval of Ridge- cliffe 6th Addition consisting of approximately 3.38 acres and containing 8 single family lots was discussed by the Council. Bill Fierke of U. S. Homes was present and Dale Runkle reviewed the application with the Council. The Advisory Planning Commission recommended approval of the application subject to conditions, and it was noted that all lots meet minimum requirements. Wachter moved, Egan seconded the motion to approve the application subject to the following conditions: 1. Lot 5 shall include a minimum of 12,000 square feet in area. 2. Detailed grading, drainage and erosion control plans shall be sub- mitted and approved by City staff. 3. All City ordinances shall be adhered to. I. A Development Agreement shall be entered into and executed by the City and the Developer. 10 00271 Council Minutes September 20, 1983 5. All easements shall be dedicated to the City as requested by City staff. 6. The water main shall be looped in accordance with engineering re- quirements. 7. No variances shall be allowed except for topographic or vegetation reasons. All voted in favor. SEE PLAT FILE RIDGECLIFFE 1ST ADDITION - REZONING AND WAIVER OF PLAT The application of U. S. Homes for rezoning from R-2 and R-1 to R-1 PD and waiver of plat to shift lot lines for small single family lots, covering Lots 22 and 23, Block 9, and Lots 14, 15 and 16, Block 10, Ridgecliffe 1st Addition came before the Council. Mr. Fierke was again present as was Chuck Winden, Surveyor. Mr. Fierke stated that the homes will be built on narrow lots with the intent of using side lots up to the neighboring building line. The zero lot line proposal was discussed and also maintenance on the sides of the homes was reviewed. Mr. Fierke indicated that easements will be granted up to the building lines. Smith moved, Thomas seconded the motion to approve the application, subject to the following: 1. The lot line for Lot 15, Block 10 will be moved to provide for a minimum 60 foot front yard width. 2. The exhibits showing the three proposed house pads shall be included in the development agreement and there shall be assurance of architectural conformity. 3. A planned development agreement shall be prepared and signed cover- ing all necessary City conditions as recommended by Staff. All voted affirmatively. R 83-59 BEAU D' RUE DRIVE ADDITION - PRELIMINARY PLAT The application of Dennis D. Gonyea and Gonyea Co. for preliminary plat approval of Beau D' Rue Addition consisting of approximately 4.5 acres and containing 4 commercial lots was presented to the Council for discussion. Dale Runkle detailed the application and Mike Gare appeared for Gonyea Co. There were no objectors at the meeting and the Advisory Planning Commission recommended approval subject to certain conditions. The drainage issue was discussed in detail and it was noted that the storm sewer could connect to a buried drainage pipe in the area. The concerns of neighbring owners were also reviewed and after discussion, Smith moved, Wachter seconded the motion to approve the application subject to the following: 11 00272 Council Minutes September 20, 1983 1. A detailed grading, drainage and erosion control plan shall be submitted and approved by City staff at the time of building permit applica- tion. 2. The applicant shall connect some of the back parking areas together in order to allow better traffic circulation in the rear of the buildings. 3. A detailed landscape plan shall be submitted and approved by City staff, and a landscape bond shall be submitted for an amount approved by the staff and not released until one year after the landscaping has been com- pleted. 4. The parking area shall be surfaced and concrete curbing shall be provided around the perimeter of the parking area. 5. The plat shall be subject to the Park Commission's comments and recommendations and park dedication requirements shall be met. 6. The plan shall be subject to all other City Code requirements. 7. If installed privately, plans and specifications for utility services shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 8. Internal driveways shall be a minimum of 24 feet wide. 9. A 40 foot half right-of-way shall be dedicated for Beau D' Rue Drive. 10. Easements shall be dedicated according to recommendations of the staff. 11. This development shall be responsible for its trunk area storm sewer assessment at the rates in effect at the time of final plat approval. 12. All other improvements shall be the sole responsibility of this development. 13. A storm sewer outlet shall be installed to the staff's specifica- tions, in the southeast area of the plat to accommodate drainage. All voted yes. SEE PLAT FILE 12 00273 Council Minutes September 20, 1983 HILLTOP ESTATES - STEVEN POKRZYWINSKI - VARIANCE The application of Steven and Sandy Pokrzywinski for 10 foot front set- back variance to construct a home on Lot 9, Block 3, Hilltop Estates was brought before the Council. The planner briefly reviewed the application requesting 10 feet closer to the front property line than the ordinance mini- mum. Topography is the reason for the request for variance with the property dropping sharply to the north side toward the pond. There were no objections to the application and all owners within 200 feet of the property are expected to sign a petition indicating no objection. Smith moved, Wachter seconded the motion to approve the application subject to compliance with all other ordinance requirements and submission of the statement from all neighboring owners within 200 feet indicating no objection to the application. All voted yea. UNITOG RENTAL SERVICES - INDUSTRIAL REVENUE FINANCING The request of Unitog Rental Services for final resolution for industrial revenue bonds in the amount of $1,815,000.00 was then brought before the Council. Dave Swanson, attorney, appeared for the applicant. There being no objection and upon recommendation of the staff for approval, Smith moved, Egan seconded the motion to approve the final resolution and authorize the execu- tion of necessary applicable documents. All voted yea. SEE BOND FILE WALDEN HEIGHTS TRUNK STORM SEWER - CONTRACT #83-1$ The bids covering the Walden Heights trunk storm sewer project with Crossings, Inc. in the sum of $51,105.00 were reviewed by the Council. Upon motion by Egan, seconded Wachter, it was resolved that the low bid be approved and the contract be awarded to Crossings, Inc. as recommended by the staff. All voted yes. KINDER CARE LEARNING CENTER - CITY CODE INTERPRETATION A letter was received from Midwest Builders Realty requesting City Council interpretation of the City Code to allow a free standing building for day care center within the planned unit development in the Pilot Knob Shopping Center area. The Council had indicated that the ordinance requirement that a building of at least 20,000 square feet be installed in the shopping center before any other buildings, must be complied with before approval of the application. No further action was taken. 13 00274 Council Minutes September 20, 1983 PEOPLE'S GAS FRANCHISE AGREEMENT The People's Gas proposed Franchise Agreement covering People's Natural Gas Co. was submitted by the City Attorney for review and approval by the City Council. Smith moved, Thomas seconded the motion to approve the draft agree- ment, subject to any comments received from People's Natural Gas Co. before final publication. All voted in favor. EAGANDALE OFFICE PARK - FINAL PLAT APPROVAL A request has been received from the developers of the Eagandale Office Park for extension of the final plat for 30 days to October 19, 1983 to allow recording of the final plat was presented to the Council. Upon recommendation of the staff, Egan moved, Wachter seconded the motion to approve the exten- sion. All voted yes. SUNCLIFF 1ST ADDITION - PLANS The plans and specifications for Contract #83-16 consisting of Suncliff 1st Addition street and utility improvements were recommended for approval by the Council. Upon motion by Wachter, seconded Egan, it was resolved that the plans and specifications for Contract #83-16 be approved and that the Clerk be authorized to advertise for the opening of bids to be held at 10:30 a.m. on Thursday, October 13, 1983 at the City Hall. All voted yea. SUNSET 1ST ADDITION - GRADING PERMIT APPLICATION An application from Tri-Land, Inc. for grading permit for Sunset 1st Addition was submitted and recommended for approval. Upon motion by Thomas, seconded Wachter, it was resolved that the application be approved subject to compliance with applicable ordinances. All voted in favor. METRO WASTE CONTROL COMMISSION - SENECA PLANT The Council members disussed the rising cost of sewage treatment by the Metropolitan Waste Control Commission and also indicated that objections have been received from persons in the neighborhood of the Seneca plant due to obnoxious odors which have continued for several years. Egan moved, Thomas seconded the motion to authorize a letter from the City Administrator indi- cating the Council's concern about the increasing costs for sewage treatment and also requesting that steps be taken to rectify the odor problem around the Seneca plant. All voted in favor. 14 00275 Council Minutes September 20, 1983 CHECKLIST Thomas moved, Egan seconded the motion to approve the following checklist dated: August 31 19 3 and September 20, 1983 All voted yea. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:30 P.M. PHH 1 tom! City 9l'rk 15