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05/01/1984 - City Council Regular 00111 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MAY 1, 1984 A regular meeting of the Eagan City Council was held on Tuesday, May 1, 1984 at 6:30 p.m. at the Eagan Municipal Center. 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, Assistant City Planner Ingraham, and City Attorney Hauge. AGENDA Egan moved, Thomas seconded the motion to approve the agenda as pre- sented. All voted yes. MINUTES April 17, 1984 - Regular meeting. Thomas moved, Egan seconded the motion to approve the minutes with the exception on page 6, in the Carriage Hills Multi-Family Housing Revenue Bond Issue, that Egan moved, Smith seconded the motion which should include, that if a public hearing is required at the state level, that a copy of the Eagan City Council Resolution be forwarded to the appropriate state agency. All members voted yes. PEOPLE'S NATURAL GAS SLIDE PRESENTATION City Administrator Tom Hedges introduced Vern Mohlis and Roger Lee of People's Natural Gas Co. who had requested that they be permitted to present a slide presentation entitled "Here When You Need Us" sponsored by People's Natural Gas Co. Mr. Mohlis indicated that there are 7,000 People's gas cus- tomers in Eagan and 211 1/2 miles of mains and services. The service began by People's in Eagan in 1959. TAX ABATEMENTS A representative of the Dakota County Assessor's office appeared and recommended approval of three tax abatements, that of Michael Frattalone, Daniel A. Allen and Carlos Company. Upon motion by Wachter, seconded Egan, it was resolved that the tax abatements as recommended, be approved. All voted in favor. GREG INGRAHAM - PLANNER I Thomas Hedges introduced Greg Ingraham who has recently been employed by the City as an Assistant City Planner under City Planner Dale Runkle's depart- ment. 1 1.12 Council Minutes May 1, 1984 CONSENT AGENDA The Councilmembers discussed personnel items, McCrea and Associates off- sale liquor license, Wilderness Run Road change order and surplus City proper- ty, and the Lexington Place South feasibility report. Robert Latzke appeared and discussed the proposed hiring by the City of a construction analyst in the Building Inspection Department. The staff recommended that Steve Hanson, 4313 Amber Drive, be hired based upon screening and recommendation of the Building Inspection Department. Mr. David Perrier appeared regarding the application of McCrea and Associates for relocation of the McCrea off-sale liquor license to the Hilltop Plaza Shopping Center. He indicated that in January of 1984, he had made a request for an off-sale liquor license in that same shopping center and recom- mended the Council deny the relocation. Mr. Hedges stated that the City Council has the policy of one license in the south-central area and that the McCrea license is simply being relocated within that area. It was also noted that certain aspects of the Perrier license would not conform with the City off-sale liquor license policy, and that McCrea and Associates now intend to activate their license in 1984. The staff recommended approval of all the consent agenda items and Smith moved, Thomas seconded the motion to approve the following consent agenda issues: 1. Contractor's Licenses. A list of contractor's licenses was sub- mitted and recommended for approval by the City Council. 2. Personnel Items. It was recommended the City Council authorize the hiring of three new employees, including the following: a. File Clerk under the MEED Program, Michelle Manseau, 2101 Marble Lane, Eagan, for a six month duration. b. Nancy Bryant as temporary part-time clerk/typist with the Pro- tective Inspections/Park and Recreation Departments. c. Steve Hanson, 4313 Amber Drive, as a construction analyst in the Inspections Department. d. Karen Rutgerson, part-time police dispatcher. 3. McCrea and Associates - Off-Sale Liquor License. It was recommended that the request of McCrea and Associates, Inc. to change the location of the proposed off-sale liquor license from the Safari Shopping Center to the Hil- ltop Plaza Shopping Center be approved. 2 Council Minutes May 1, 1984 4. Wilderness Run Road - Change Order #1. It was recommended that the Council approve Change Order #1 to Contract #81-14 consisting of Wilderness Run Road, noting that the public works department has now come to an under- standing with the contractor providing for a deduct of $9,000.00. 5. Safari Addition - Model Home Permits. Jerry Pearson, one of the developers of Safari Addition has requested a permit to construct two model homes on Lots 11 and 16, Block 1, Safari Addition. The staff recommended approval, subject to compliance with the necessary city requirements. 6. Surplus City Property. The City staff has recommended that the Council authorize the sale of certain surplus city property currently be stored in the basement of the Municipal Center and that the property be sold at the unclaimed property auction on Saturday, May 19, 1984 at the Police Department. 7. Dispatcher Proclamation. It was recommended by Chief of Police Berthe, that May 10 through May 17, 1984 be designated as National Dis- patcher's Week. D 84-5 8. Cable Commission Resignation. Stuart Gibson, an alternate member of the Burnsville/Eagan Joint Cable Commission has advised the Council that due to relocation, he is resigning as a member of the Cable Commission. It was recommended that his letter of resignation be accepted by the Council and that a letter be forwarded by the City Administrator to Mr. Gibson thanking him for service on the Cable Commission. 9. Sunset 4th Addition - Final Plat Approval. The staff recommended that the application for final plat approval of Sunset 4th Addition be ap- proved, subject to compliance with all necessary city requirements. R 84-32 10. Lexington Place South - Feasibility Report - Project #404. The feasibility report covering Project #404 relating to Lexington Place South, streets and utilities was submitted and recommended for approval and that the Council schedule a public hearing for June 5, 1984 at 7:00 p.m. at the Eagan Municipal Center. 11. Oak Cliff Pond - Project #400. The feasibility report for Project #400 consisting of lift station and force main outlet for Oak Cliff Pond was presented to the Council. The staff recommended the report be received and a public hearing be scheduled for June 5, 1984 at 7:00 p.m. at the Eagan Munici- pal Center. 12. Sunset 4th Addition - Model Home Permits. A request had been sub- mitted by the developer of Sunset 4th Addition for a permit for the construc- tion of four model homes and the staff recommended approval, subject to City requirements. Smith moved, Thomas seconded the motion to approve the foregoing Consent Agenda items and order their implementation. All voted in favor. 3 Council Minutes May 1, 1984 WINDTREE 2ND ADDITION - EASEMENT VACATION The Mayor convened the public hearing concerning the vacation of drainage and utility easements over common lot lines in Windtree 2nd Addition. Mr. Colbert explained the proposed vacation, noting it was due to the proposed replatting of the Windtree 3rd Addition covering miscellaneous utility ease- ments on lot lines within the 2nd Addition. There were no objections to the project. Wachter moved, Smith seconded the motion to close the public hearing and approve the vacation of the drainage and utility easements over the common lot lines and to authorize the Mayor and City Clerk to execute all of the related documents. All voted in favor. R 84-33 KNOB HILL OF EAGAN - EASEMENT VACATION The next public hearing convened by Mayor Blomquist related to the vaca- tion of drainage and utility easements in Knob Hill of Eagan. Mr. Colbert indicated that the developer propose to expand a garage structure to incor- porate two stall garages within the subdivision, resulting in a slight encroachment within the existing drainage and utility easement. There being no objections, Smith moved, Wachter seconded the motion to close the public hearing and to approve the vacation of the easement as described in Knob Hill of Eagan Addition, and to authorize the Mayor and Clerk to execute the neces- sary documents. All voted yea. R 84-34 TIMBERLINE/SPERRY SEMI-CONDUCTOR PLANT - NOISE EMISSIONS Mayor Blomquist then announced that the Council would consider the com- plaints of the Timberline residents concerning the noise emissions from the Sperry semi-conductor plant. City Administrator Hedges briefly reviewed the background noting that a resolution had been adopted by the City Council at its April 3, 1984 meeting requesting the City attorney and staff to determine what procedures the City may take to determine whether violation of the zoning provisions have taken place by Sperry Corporation to allow the City Council a measure of whether violations have taken place and to submit information and allow the City Council to determine whether violations have taken place. City Attorney Paul Hauge reviewed his letter to the Council dated April 27, 1984 and discussed the R & D Zoning Ordinance provisions and also the current precedent regarding noise emission standards in Minnesota and courts from other states. In addition, Dave Kelso of the Minnesota Pollution Control Agency was present and briefed the Council concerning his letter to Tom Hedges dated April 26, 1984 relating to certain changes in decibel levels, as com- pared with center band frequencies, using the octave band criteria for noise level determination. He stated that the A-weighted method makes up the human ear's difference in hearing sound and stated that technically, Sperry meets 4 Council Minutes May 1, 1984 the State's standards. However, when certain frequencies are examined, it may not do so. He explained in some detail the audible frequency range from a low of 20 HZ to a high of 20,000 HZ, and noted that using the Illinois standards that Sperry's noise emission would exceed their accepted standards. There was extensive discussion concerning the low frequency sound emissions and he noted that it is the intensity that is the important issue and not high or low sound levels. There was also discussion as to the definition of "negligible" under the City Zoning Ordinance and Mr. Kelso also questioned whether under M.S.A. 116.07 the City could regulate noise emissions more restrictively than state's standards. He noted that there is a "stationary source" exception under state law where cities could be more restrictive. Ed Michaud and other representatives of Sperry Corporation were present and Mr. Michaud indicated that Sperry is committed to carry out a series of studies and when the recommendations are received, by June 1, that Sperry will implement the recommendations. He stated the attenuators did not completely resolve the problem, and could not estimate the time it would take to correct the noise problem. John Gustin, the president of the Timberline Homeowners Association was present and requested a special meeting to discuss other emission issues from the Sperry plant. Mayor Blomquist stated that the Council will not accept only Sperry's recommendations and would certainly pursue the issues dili- gently. Tom Nikolai, a neighboring resident, submitted a petition from Tim- berline owners requesting that the Council compel Sperry to comply with the Zoning Ordinance, and further to work with the PCA to require compliance with other issues such as ground water emissions. He argued that citing Sperry with an Ordinance violation would help to bring Sperry into compliance. Don Giblin, another neighbor, stated that he recommended in October, 1983, that an expert be hired to examine this noise emission issue and now recommended a mandatory injunction action be commenced with a consent decree from Sperry to compel compliance. There was discussion as to whether a bond may be required and also what could be a very time consuming legal action, in the event that injunctive relief is requested. Councilman Wachter indicated that he felt that Sperry now has a more specific schedule and that the Council should offer Sperry additional time to attempt to comply with the ordinance requirements. Councilman Egan stated, however, that the residents have now been living with the issue for 11 months and that Sperry has had sufficient time to resolve the problem. Egan moved, Blomquist seconded the motion to adopt the Resolution that he submitted to the Council with the Whereas clauses only, and that the following action be taken: 5 Council Minutes May 1, 1984 1. That the City Attorney's office be instructed to proceed to cite Sperry Corporation and/or Sperry officials with a violation of the Eagan City Code Chapter 11, Subd. 18, in that it is conducting light manufacturing and processing in its Sperry Park Research and Development zoned district, more specifically, the Sperry semi-conductor plant adjacent to the Timberline Addition in Eagan, producing more than negligible noise. 2. Further, to cite Sperry with a violation of M.S.A. 609.74, Public Nuisance, in that Sperry Corporation maintains and permits a condition which unreasonably annoys, injures and endangers the safety, health, morals, comfort and repose of a considerable number of members of the public. Councilman Egan stated that he felt that asking for injunctive relief could be too expensive and too timely. Councilman Smith indicated that al- though the City might win in Court on an ordinance violation action, Sperry may cease its efforts to try to correct the problem and also, the ordinance may not be enforceable. Those in favor were Blomquist and Egan; those against were Thomas, Wachter and Smith. Egan then moved, Smith seconded the motion to continue the issue until the regular City council meeting on June 19, 1984 to allow the staff time to analyze the report submitted by Sperry Corporation, which is expected to be submitted to the City by about June 1, and to review the proposed time table for performance of any corrective measures. All voted in favor. Wachter then moved, Thomas seconded the motion to instruct Dave Kelso of the PCA, to work in conjunction with Sperry officials and Dr. VanDoern and to review the findings and recommendations that are submitted by Sperry experts on behalf of the City and to submit a report concerning those findings to the City Council prior to the June 19, 1984 meeting. All voted yea. CEDAR CLIFF COMMERCIAL 1ST ADDITION - PRELIMINARY PLAT The application of Wooddale, Inc. and James Durning for preliminary plat approval of Cedar Cliff Commercial lst Addition and amendment to the Cedar Cliff Planned Development, to allow more than office use in Outlot G and H, Cedar Cliff Planned Development, was submitted to the Council. Assistant City Planner Greg Ingraham reviewed for the Council the application, indicating that the intent is to allow 4.59 acres of commercial in the southwest portion of Outlot G. The remaining area contains 8.85 acres and would provide 6 additional office sites. The applicant is proposing an overall grading plan and would construct a six foot earth berm along the northerly property line adjacent to the residential area. James Durning and his architect were pre- sent for the applicant. 6 I.I_7 Council Minutes May 1, 1984 The architect reviewed the original proposals, including the access locations, both to Cliff Road and to Diffley Road and it was noted that the Dakota County Highway Department or Plat Commission had denied the proposed access points when the preliminary plat was last approved by the City Council. He indicated that the proposal includes no greater than 6:00 a.m. to 1:00 a.m. opening times within the commercial area. Mr. Durning stated he would agree that there would be no 24 hour operation, that the restaurant is proposed to be open from 6:00 a.m. to 9:30 p.m., with the understanding that there would be no request for liquor license in the commercial area in the future. Fur- ther, the proposal is to include a common architectural motif for the build- ings. Several neighboring owners were present, including Steve Darling who stated that one of the main concerns they had was that there be no connection from the commercial office area to Scott Trail, but did have concerns about commercial uses in the location. He objected to hours as late as 1:00 a.m. and also stated that beer and wine licenses could be a problem under certain conditions. He further requested coordination with the architectural scheme of the neighboring residences. Other neighbors appeared. One objected to commercial on the corner and stated there are adequate commercial projects proposed and developed in the area. Councilman Smith stated that the proposal is a reasonable compromise and that the Scott Trail connection has been elimi- nated. Smith moved, Egan seconded the motion to approve the amendment to the Planned Development with the following conditions: 1. To recommend approval of the application to amend the Cedar Cliff Planned Development, which would include the revised site plan. 2. That the commercial tenants not be allowed to stay open more than from 6:00 a.m. to 1:00 a.m. 3. That there be no video arcades, nightclubs or similar uses. 4. That an architectural theme for the commercial buildings be reviewed by the Advisory Planning Commission. 5. Subject to the conditions that are agreed upon by Mr. Durning in the minutes described above. It was noted that there appears to be about 500 feet between the commer- cial area to the rear portion of the residential development. The construc- tion of the commercial area would begin in 1984 and possibly one office building of 25,000 square feet, rather than 3 smaller office buidings. Councilman Wachter stated that he felt it was a mistake not to allow an access to the development from Cliff Road, noting the excess travel by westerly bound traffic on Cliff Road, having to come around on Diffley Road to enter the development. Those in favor were Thomas, Smith and Egan; Wachter voted no and Blomquist abstained. Egan then moved, Thomas seconded the motion to approve the application for preliminary plat approval, subject to the following condi- tions: 7 Council Minutes May 1, 1984 1. A revised planned development agreement shall be entered into and this revised site plan shall be the main land use exhibit with the planned development agreement. 2. The first phase of the commercial area or preliminary plat shall meet all of the criteria for setbacks, parking, etc., in compliance with Chapters 11 and 13 of the City Code. 3. The plat shall be subject to the Park Commission's review and com- ment regarding park dedication for commercial property. 4. The detailed grading and berms along the northern edge of the pro- perty shall be constructed with the first phase of development. 5. The plat shall be subject to the Dakota County Plat Commission's review and comment because the plat abuts County right-of-way. 6. Cross easements and access shall be provided for the office build- ings in order that all offices have common accesses. 7. A detailed landscape plan and detailed grading, drainage, and ero- sion control plans shall be submitted and approved prior to the final plat of the first phase. 8. All other applicable City ordinances shall be adhered to. 9. The developer shall petition for installation of storm sewer to service this development and the drainage plan for the area to the east will be approved by the City staff. 10. If installed privately, plans and specifications for installation of utilities shall be prepared by a registered engineer in accordance with city engineering guidelines and submitted to staff for approval. 11. An 8 foot bituminous trailway shall be constructed along the east side of Nicols Road and the north side of Cliff Road, to City specifications, or escrow posted according to staff requirements until construction takes place. 12. Easements shall be dedicated as required in this report and acquired by city staff. 13. The costs incurred by the city for grading on this property shall be paid by the developer. 14. All costs associated with utility installation and driveway instal- lation will be the sole responsibility of this development with the exception of the oversizing of the storm sewer if additional accesses from the property west of Nicols Road shall conform with the location of accesses from this plat. 8 Council Minutes May 1, 1984 Thomas, Smith and Egan voted yea; Wachter voted no, and Blomquist ab- stained. City Attorney Paul Hauge stated that it was his opinion, without having access to the Minnesota Statutes, that it would take four council members to vote in favor of the application for amendment to the planned development, and that the motion for approval of the planned development amendment failed. It also appeared that the preliminary plat was contingent upon allowing commercial uses within the planned development. SEE PLAT FILE I-35E OPERATION HOURS - ENEBAK CONSTRUCTION COMPANY A request had been received from Enebak Construction Co., which was presented at the April 17, 1984 Council meeting requesting consideration for variance allowing hours of operation from 6:00 a.m. to 3:00 a.m. from May 1 to August 1 and a 17 hour work day, 6:00 a.m. to 11:00 p.m. from May 1 through November 1, for the I-35E grading project. The Council continued the item until the May 1 meeting to allow the general public adequate time to be informed and to publish notice of the request in the local newspapers. Repre- sentatives of Enebak Construction Co., including Kevin Hochfeld and also MnDOT representatives were present. Mr. Hochfeld detailed the type of equipment that was used, the haul route, the type of fill and the distances that will be traveled. He stated that the Dakota County Highway Department has reviewed the proposal and that the contractor will be responsible to make certain that the County roads are in the same condition prior to the hauling as after the hauling. He indicated the proposed hours and that they would provide for one hour breaks between the two shifts and also one hour clean up at the end of each day. He stated it would be important to allow the extended time in order to complete the project on schedule. It was suggested Blackhawk Road be the proposed route and it was noted that the distance would be about 60% longer and the City streets that would be traveled over would not be as durable as the County roads. Charles Bartholdi, on behalf of the Yankee Square Inn, appeared and stated they had concerns about guests in the Yankee Square Inn and requested that excavation grading take place away from the hotel during evening hours. It was noted that penalties will be imposed if time for completion dates are not fulfilled. Ann Goers was present and had questions about the pro- posal. John Klein spoke in favor of allowing the extended hours to meet the time lines and also to assure adequate funding for the I-35E project. Egan moved, Thomas seconded the motion to approve the request, with the understanding that if affected citizens complain and if their complaints become extensive, that the Council then may review the application and make revisions to the routes and the hauling procedures; further, that the working hours be from 6:00 a.m. until 1:30 a.m., with clean up after that time. Mr. Hochfeld agreed with the motion and all voted in favor. 9 Council Minutes 4 May 1, 1984 MULTI-FAMILY HOUSING REVENUE BONDS Mr. Hedges stated that the housing plan amendment was approved allowing multi-family housing revenue bond programs in the City and noted that the City will need additional administrative assistance, which is being proposed with Miller & Schroeder Municipals, Inc. A suggested agreement was reviewed and the City Administrator and City Attorney had discussed the agreement in detail with representatives of Miller & Schroeder. Marsha Cohodas and attorney John Larson, appeared on behalf of Miller & Schroeder. There were no objections and staff recommended approval. Smith moved, Egan seconded the motion to approve the letter of agreement between Miller & Schroeder and the City, retaining Miller & Schroeder to serve as underwriters of the Multi-Family Housing Revenue Bond and also to act in an administrative function in con- junction with the City staff. All voted yes. ALAN DRENCKHAHN - REZONING APPLICATION The application of Alan and Baerbel Drenckhahn for rezoning from A (Agri- cultural) to RB (Roadside Business) of .68 acres on the west side of Pilot Knob Road was requested for extension by the applicants. Wachter moved, Egan seconded the motion to continue the application indefinitely. All voted in favor. JOHNNY CAKE RIDGE 4TH ADDITION Greg Ingraham presented the application for the proposed revision to the Johnny Cake Ridge 4th Addition consisting of approximately 12.5 acres con- taining 60 dwelling units. He noted that the Advisory Planning Commission recommended approval and that there were no objections to the application. Dave Sellergren appeared for the applicants. Smith moved, Wachter secondeed the motion to approve the application, subject to the conditions as follows: 1. Appropriate agreements shall be entered into for the Association and maintenance of the common areas and buildings, including the execution of a planned development agreement. 2. Appropriate sewer, water and roadway excavation permits shall be obtained for Lots 1 and 2, Block 7. 3. A petition with appropriate legal descriptions shall be submitted for a public hearing to vacate existing easements. 4. New easements shall be dedicated as required by staff. 5. All costs of installing additional services and driveways, curb cuts, etc. shall be the sole responsibility of this development. All voted yea. 10 Council Minutes May 1, 1984 LAORENT ENTERPRISES - VARIANCES An application submitted by Laurent Enterprises for variance from the curb, gutter and paving requirements within the limited industrial zoning district consisting of Lot 1, Block 1, Halley's 1st Addition was brought before the Council. Mr. Ingraham and Tom Colbert detailed the application and Mr. Laurent was present. It was noted that three access points to the abut- ting streets were requested, but Mr. Laurent indicated that two access points would be sufficient. Wachter moved, Egan seconded the motion to approve the application concerning elimination of curb, gutter and paving, subject to the following conditins: 1. Only two access points from the lot would be allowed to City streets. 2. Laurent Enterprises shall sign an agreement drafted by the City Attorney that it will not object to its fair share of the assessments for streets and utilities when the area is approved for upgrading. 3. No outside storage shall be allowed. 4. The applicant shall provide adequate dust control measures on the gravel surface on a regular basis as approved by the City. 5. A detailed landscape plan shall be submitted and an adequate land- scape bond should be required and not released until one year after the landscaping has been completed. 6. At the time the area is served by utilities the Lot will be upgraded to comply with current zoning requirements. 7. A drainage plan shall be approved by the City Engineer. All voted yes. OAK CLIFF DEVELOPMENT - VARIANCE An application from Oak Cliff Development, Inc. for 8 foot variance from the 40 foot side yard setback requirement along Slaters Road for Lot 1, Block 2, Oak Cliff Addition was discussed by the Council. There were no objections to the application and it was noted that the variance is along Slaters Road and it did not appear to create a site distance problem. Smith moved, Thomas seconded the motion to approve the application, noting the hardship consisting of the configuration of the lot and that the variance would undoubtedly be necessary if the lot lines were shifted. All members voted in favor except Wachter who voted no, indicating that he felt that a different house configu- ration could be placed on the lot. 11 Council Minutes May 1, 1984 SUNSHINE CONSTRUCTION - OAKWOOD HEIGHTS 2ND ADDITION - VARIANCE An application was submitted by Sunshine Construction Co. requesting a 10 foot front setback variance in order to construct a duplex 10 feet closer to the property line of Lot 12, Block 1, Oakwood Heights 2nd Addition. Greg Ingraham explained the request, noting the variance was requested because of a steep slope on the northeast edge of the property. The hardship would consist of the topography and excavation would be required to construct the duplex in accordance with normal setback requirements. A representative from Sunshine Construction was present and the Mayor asked whether the Council had re- stricted the plat to no variances when the Council approved the final plat. Smith moved, Egan seconded the motion to approve the application because of the topographic problems with the understanding that the staff will determine whether a condition was placed on the approval of the plat that no variances be granted. All voted in favor. EAGAN OFFICE PARK AND BLACKHAWK OAKS PLANNED DEVELOPMENTS Dale Runkle, City Planner, recommended to the City Council that it autho- rize an extension of time until August 1, 1984 to allow the completion of the Eagan Office Park and Blackhawk Oaks Planned Developments to allow additional time to prepare the agreement. Smith moved, Thomas seconded the motion to approve the recommendation. All voted in favor. WILDERNESS RUN ROAD - STREETS - CONTRACT #81-14 A request was received from Richard Knutson, Inc. for sixth and final payment for paving of Wilderness Run Road. Mr. Colbert indicated there had been some dispute as to the quality of the bituminous surfacing and curbing, in addition to final quantities but recommended approval, noting that Change Order #1 had been approved earlier in the meeting by the City Council. Egan moved, Thomas seconded the motion to approve the final payment of $15,538.88 to Richard Knutson, Inc. and accept the street for perpetual maintenance. All voted in favor. WESTBURY ADDITION - CONTRACT #84-8 The bids covering Westbury Addition were received on April 27, 1984. Mr. Colbert recommended the award of the low base bid and that the alternate be rejected with the understanding that it would be reconsidered at the May 15, 1984 meeting. He noted that the public hearing on Project #401, consisting of Lexington Square utilities, is scheduled for hearing on May 15, 1984 and would be covered by the alternate bid. After discussion, Egan moved, Wachter seconded the motion to continue until May 15, 1984, the action by the Council concerning the award of the Contract. All voted yes. 12 Council Minutes May 1, 1984 YANKEE DOODLE RESERVOIR - REPAINTING - CONTRACT #84-4 The Council next discussed the award of the contract for the repainting of the 5 M.G. Water Reservoir on Yankee Doodle Road. There was discussion concerning the method of painting over the pilasters. No action was taken and further information was requested from the staff by the Council members. SPECIAL CITY COUNCIL MEETING - MAY 24, 1984 A special City Council meeting was scheduled for Thursday, May 24, 1984 at the City Hall for the purpose of holding a Board of Equalization meeting, which will also include canvassing of the ballots from the May 22 Bond Referendum. EXCESS PROPERTY AUCTION - MAY 19, 1984 Upon motion by Smith, seconded Wachter, it was resolved that a personal property auction be scheduled on Saturday, May 19, 1984 for the sale of surplus personal articles by the City. All voted in favor. AIRPORT NOISE COMMITTEE Mr. Hedges indicated that the first meeting of the City Airport Noise Committee will be held at 4:30 P.M. on May 8, 1984 at the Eagan Municipal Center. Councilmembers are invited to attend the meeting. Councilman Egan suggested that Carol Dozais be invited to be a member of the committee. ANIMAL WARDEN'S VAN Mr. Hedges recommended that the City Council authorize $149.00 for the rental of a 1975 Dodge Van for the Animal Warden for approximately 8 days. Wachter moved, Egan seconded the motion to approve the recommendation. All voted in favor. BRITTANY 7TH ADDITION - PROJECT #409 The Public Works Department has received a petition requesting the pre- paration of a feasibility report for the installation of streets and utilities to serve Brittany 7th Addition. Egan moved, Smith seconded the motion to receive the Petition and to authorize the preparation of the feasibility report by the Consulting Engineers for Project #409. All voted yea. 13 Council Minutes May 1, 1984 LAKESIDE ESTATES - EASEMENT VACATION A petition has been received from the original developer of Lakeside Estates Addition requesting a vacation of the public utility easements along the center of Lots 3 and 13, Block 1, Lakeside Estates. Upon motion by Smith, seconded Thomas, it was resolved that the Petition to vacate the utility easements be received and a public hearing be scheduled for June 5, 1984 at 7:00 p.m. at the City Hall. All members voted yes. CABLE COMMISSION REPLACEMENT Smith moved, Wachter seconded the motion to appoint Lloyd Krob as the Burnsville/Eagan Cable Commission replacement of Stuart Gibson, in order to act as a liaison with the Rosemount/Apple Valley/Eagan School District. All voted in favor. MAY 15, 1984 - REGULAR MEETING It was noted that the School Board elections will be held on May 15 and it is necessary to change the time for the official start of the regular city council meeting. Upon motion by Egan, seconded Wachter, it was resolved that the meeting officially be convened at 8:00 p.m. on May 15, 1984 at the City Hall and the Council to meet informally beginning at 6:30 p.m. All voted yea. JAMES HORNE - STORM SEVER AGREEMENT - PROJECT #297R Paul Hauge submitted to the City Council a proposed agreement with James Horne and Horne Development Company regarding a settlement of the storm sewer assessments over the Horne property on Pilot Knob Road. The staff recommended approval. Wachter moved, Blomquist seconded the motion to approve the agree- ment and authorize its execution. All voted in favor. CHECKLIST Upon motion by Wachter, seconded Egan, it was resolved that the following checklist be approved dated: May 1, 1984 $297,306.55 All voted yea. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:05 a.m. PHH Cit erk 14