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09/17/1985 - City Council Regular 3i, I MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 17, 1985 A regular meeting of the Eagan City Council was held on Tuesday, September 17,1985 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Consulting Engineer Rosene, Public Works Director Colbert, and City Attorney Hauge. AGENDA Thomas moved, Wachter seconded the motion to approve the Agenda as presented. All voted in favor. MINUTES September 3, 1985 - Regular Meeting. Upon motion by Wachter, seconded Smith, it was resolved that the minutes of the regular meeting of the City Council of September 3, 1985 be approved as distributed. All voted yea. August 27, 1985 - Special Meeting. Smith moved, Thomas seconded the motion to approve the minutes of the special meeting of the City Council of August 27, 1985 as prepared. All voted yes. ADVISORY PARK & RECREATION COMMITTEE Ken Vraa was present. 1. Mueller Site Park Acquisition. The Parks and Recreation Committee recommended that the City Council authorize a joint acquisition with ISD #196 for 30 acres of the property known as Mueller Site, located on Wescott Road. ISD #196 would acquire approximately 20 acres for an elementary school and the City would acquire 10 acres for future development as a park site. Thomas moved, Egan seconded the motion to authorize the acquisition of the 10 acres and staff be authorized to proceed with the acquisition of the site. All members voted in favor. 2. Athletic Site Purchase. The Advisory Parks & Recreation Commission recommended to the City Council that it acquire 40 acres for a future athletic site within the 65 acres owned by the George Ohmann, Sr. family. Ken Vraa discussed with the Council the proposed purchase and councilmembers questioned whether an agent should be hired to negotiate for the acquisition of the property. Smith moved, Wachter seconded the motion to authorize the staff to commence negotiations for the purchase of the athletic site. All voted in favor. 1 Council Minutes September 17, 1985 3. Five-Year Capital Improvement Program - Bicycle Trails. The Park Commission has recommended that the City Council review and adopt the Dakota County Five-Year Capital Improvement Program for Bicycle Trails from. 1986 through 1990. A memorandum from Parks Director Ken Vraa was submitted dated September 10, 1985. Upon motion by Wachter, seconded Egan, it was resolved that the Council review and adopt the Commission's recommendations to the Dakota County Five-Year Capital Improvement Program for Bicycle Trails for the years 1986 through 1990. All voted yea. PUBLIC WORKS DEPARTMENT Tom Colbert was present. 1. Snow Removal Parking Ban. Mayor Blomquist asked that the Council review the existing parking ban implemented by the City Council in the fall of 1984 to facilitate snow removal operations. The existing ordinance was discussed and Mayor Blomquist stated that she had received complaints, including the fact that the signs were sparsely spread around the City, and that violators were not equitably cited for violations.- She further indicated it was hard for the residents to understand enforcement, particularly when there is no snow and was concerned about the effectiveness of enforcement. Police Chief Jay Berthe appeared and discussed with the Council the enforcement policy during 1984-85. The Mayor was opposed to tagging motor vehicles except during snow storms, but opposed the ordinance requirement to require citations to all violators between November 15 and April 15. Blomquist moved to rewrite the Ordinance to reflect the actual enforcement policy during periods when there is no snow, and that the alternates then be returned to the City Council for consideration. Thomas seconded the motion. Councilman Smith recommended warning tags be issued until the first snow storm and there was considerable discussion regarding various alternates. Those in favor were Blomquist and Thomas; those against were Wachter, Smith and Egan. CONSENT AGENDA The following consent agenda items were submitted to the Council for review and recommendation of approval and implementation: 1. Contractor's Licenses. A list of contractor applications, including general contractors, heating & ventilating and plumbing contractors were- submitted and recommended to be approved. 2. Kinship Week Proclamation. Kids-N-Kinship of Burnsville has requested the City of Eagan proclaim September.22 through 29 as National Kinship Week to help promote the volunteer friendship program for children needing stable adult companionship. Kids-N-Kinship serves the youth of Apple Valley, Burnsville, Eagan, Farmington, Lakeville and Rosemount, and it was recommended that the Mayor proclaim September 22 through 29 as Minnesota Kinship Week. 2 Council Minutes September 17, 1985 3. Yankee Doodle Road - Project #447. A feasibility report for Project #447 consisting of street improvements for Yankee Doodle Road from Trunk Highway #13 to Federal Drive was submitted and it was recommended that a public hearing be scheduled for October 15, 1985 at 7:00 p.m. at the Eagan Municipal Center regarding the proposed project. 4. Golden Meadow Road - Project #418R. The final assessment roll for Golden Meadow Road street and utility improvements under Project #418R was submitted and it was recommended that the roll be received and that a public hearing be scheduled on the assessments for October 15, 1985 at 7:00 p.m. at the Eagan Municipal Center. 5. Goat Hill & Ridgecliff Park - Lighting Installation - Project #85-24. The City received bias for the athletic facility lighting for Goat Hill and Ridgecliff Parks under Project #85-24 and the low bidder was Peoples Electric in the sum of $113,246.00. It was recommended the contract be awarded to the low bidder. 6. Parking Lots at Rahn and Ridgecliff Parks - Project #85-25. The plans and specifications for parking lots for Rahn and Ridgecliff Parks under Project #85-25 were submitted and it was recommended that they be approved for the installation of parking lots at those parks. 7. Sun Cliff 2nd Addition - Contract #84-15. The final payment request from M & M Contracting for work done under City Contract #84-15, Project #398 in the Sun Cliff 2na Addition, street and utility improvements was submitted. It was recommended that the final payment in the amount of $9,725.00 be approved and that the City Council authorize the acceptance of City improvements for perpetual maintenance. 8. Blackhawk Glen - Final Plat Approval. Sienna Corporation submitted all necessary requirements for the approval of the final plat of Blackhawk Glen and it was recommended that the final plat application be approved and that the Mayor and City Clerk be authorized to execute the necessary documents. R 85-60 9. Blackhawk Glen - Utility & Right-of-Way Easement Vacation. A request was made by the developers of the Blackhawk Glen development to vacate utility easements and street right-of-way for Blackhawk Hills Road adjacent to the Blackhawk Glen Addition, and that a public hearing be scheduled for October 15, 1985 at 7:00 p.m. at the Eagan Municipal Center to consider the vacation. 10. Cinnamon Ridge 5th & 6th Additions - Excavation Permit. An application has been received for grading and excavation permit for Cinnamon Ridge 5th and 6th Additions by Zachman Homes, Inc. and it was recommended that the application be approved, subject.to compliance with all city requirements. Wachter moved, Smith seconded the motion to approve the foregoing consent agenda items and authorize their implementation. All voted in favor. 3 Council Minutes September 17, 1985 SPECIAL ASSESSMENT COMMITTEE RECOMMENDATIONS 1. Birch Park-Patrick Eagan Park - Project #411 - Trunk Storm Sewer. On October 11, 1984, the Special Assessment Committee reviewed several objections pertaining to the proposed trunk area storm sewer assessment under Project All. The four property owners being reviewed included George and Miriam Nall under the Birch Park Addition project, and Anthony Caponi, Thomas Rooney and Thomas Bergin under the Patrick Eagan Park trunk storm sewer outlet project. a. George & Miriam Nall. Tom Colbert discussed with the City Council the recommendations of the Assessment Committee that the owner enter into an agreement pertaining to future assessments relating to future development or transactions on the property and the agreement drawn by the City Attorney was discussed by Councilmembers. The owners were not present and after discussion, Egan moved, Blomquist seconded the motion to accept the recommendation of the Assessment Committee and reject modifications to the proposed final assessments, unless, however, the Agreement proposed by the Assessment Committee is approved by the owners. All voted yes. b. Anthony Caponi. The Council then reviewed the recommendation of the Special Assessment Committee at its meeting on October 9, 1984 recommending that the assessment be deferred until such time as future storm sewer improvements are installed providing the outlet to the adjacent pond JP- 8, under Project #411. Tom Colbert reviewed the committee recommendations and Tony Caponi appeared and spoke in favor of the proposal. Wachter moved, Egan seconded the motion to accept the Assessment Committee's recommendation and defer the assessments for the parcels involved. All voted in favor. 2. Project #417 - Deerwood Drive & Miscellaneous Parcels. The Special Assessment Committee met on August 1, 1985 to discuss objections pertaining to proposed assessments for three separate items, including the Fritz, Hosford, Altobelli and Kohler properties on Deerwood Drive. The Committee recommended that the benefits for the Fritz-Hosford-Kohler parcels be determined at $14,000.00 and the Altobelli parcel to consist of two parcels, due to its size, and the potential for an additional residential unit to be constructed on the parcel, and the configuration of the property. Mr. Colbert stated that he had not received additional appraisals from any of the property owners, and that there would be no final assessment hearing until 1986. Some of the affected property owners were present with questions. Wachter moved, Egan seconded the motion to accept the recommendations of the Assessment Committee. All voted yes. 3. Cedar Industrial Park - Lot 2, Block 2, Mini-Storage. The Assessment Committee at its meeting on August 1, 1984 recommended that in light of confusion regarding assessment records, that the assessment for Lot 2, Block 2, Cedar Industrial Park be determined on a full footage, with the understanding that no precedent would be set with the assessments, and utilizing 8% simple interest accrual with a total amount of $14,771.00. There were no objections to the proposal. Thomas moved, Smith seconded the motion to accept the Committee recommendations. All voted in favor. 4 Council Minutes September 17, 1985 4. Lone Oak Addition - Trunk Area Watermain Credit. A request from Laukka-Beck Properties for watermain assessment credit due to the oversizing of trunk watermain within the Laukka-Beck Planned Development, came before the Assessment Committee at its meeting on August 1, 1985. The Committee members recommended the developer be granted a credit, according to recommendation of staff and the credit be applied at the soonest possible time toward water assessments, based on actual computations approved by the City staff. Egan moved, Wachter seconded the motion to accept the Assessment Committee recommendation. All voted in favor. MEADOWLAND ADDITION - VACATION HEARING Mayor Bea Blomquist convened the public hearing regarding the vacation of drainage and utility easements for Lots 101, 102, 103, and 104, Block 1, Meadowland 1st Addition. Vacation of the easements was necessary for the Eagles Nest Village development, which had received preliminary plat approval by the City Council. Mr. Colbert explained the proposal and there were no objections. Egan moved, Thomas seconded the motion to close the hearing and approve the vacation of the common lot line as described above. All councilmembers voted affirmatively. FOUR OAKS ROAD & COACHMAN ROAD - PROJECT #348 - FINAL ASSESSMENT HEARING The assessment hearing convened by the Mayor concerned Project #348 regarding street and utility improvements for Four Oaks Road and Coachman Road area under Project #348. Tom Colbert explained the proposed assessments and there were no objections. Steven McDonald, the manager of one of the multi- family housing projects was present with questions but no objections. Thomas moved, Egan seconded the motion to close the hearing and approve the final assessment roll for Project #348 and authorize the certification to the County for collection of unpaid assessments to be spread over 10 years with 11% interest per annum. All voted yea. COACHMAN ROAD - PROJECT #371B - FINAL ASSESSMENT HEARING The assessment hearing regarding Project #371 consisting of Coachman Road improvements south of Yankee Doodle Road came before the Council and Tom Colbert briefly described the project. Dr. Lyle Hay questioned whether the residential equivalent assessment was uniform throughout the City and Mr.- Colbert indicated in the affirmative. There were no objections. Wachter moved, Egan seconded the motion to close the public hearing and approve the final assessment roll for Project #371B and authorize the Clerk to certify the assessments to the Dakota County Assessor for collection of unpaid assessments to be spread over a 10-year period at lly interest. All voted-in favor. 5 Council Minutes September 17, 1985 SUN CLIFF 2ND ADDITION - PROJECT #398 - FINAL ASSESSMENT HEARING The final assessment hearing regarding Project #398 covering the street and utility improvements for Sun Cliff 2nd Addition was convened by the Mayor. After description by Mr. Colbert and a letter from Advance Developers, there were no objections to the assessments, noting that all assessments were being escrowed with a bank. Egan moved, Thomas seconded the motion to close the hearing and approve the roll and authorize certification to the County for collection to be spread over a 5 year term at 11% interest. All voted yes. SILVER BELL ROAD - STREETS & UTILITIES - PROJECT #399 The assessment hearing regarding Project #399 covering street and utility improvements within Silver Bell Road was convened by Mayor Blomquist. Tom Colbert described the assessments briefly and indicated that about 52% of the assessments were being paid by the City Major Trunk Fund. He discussed the assessment of the multiple housing units. Gunars Zvaners of 3811 Heather Drive appeared from the townhouse project and stated he received notice on the date of the hearing. He filed an objection to the assessments and indicated that he will review the assessment with the staff. Wachter moved, Thomas seconded the motion to close the public hearing, to approve the final assessment roll for Project #399 and authorize the certification to the County for collection of unpaid assessments to be spread over 10 years at 11% interest. All voted yes. OAK CLIFF POND - PROJECT #400 - FINAL ASSESSMENT HEARING The public hearing regarding assessments for Project #400 relating to trunk storm sewer outlet improvements for the Oak Cliff Pond area was convened for hearing by the Council. The tabulation of the final assessment rates was described by Mr. Colbert and there were no objections. Smith moved, Wachter seconded the motion to close the hearing and approve the roll for Project #400 and authorize certification by the Clerk to the Dakota County Assessor for collection of unpaid assessments to be spread over a 15 year term at 11% per annum interest. All voted yea. LEXINGTON PLACE SOUTH & LEXINGTON PLACE 2ND ADDITIONS PROJECT #404 - FINAL ASSESSMENT HEARING The next public hearing convened by Mayor Bea Blomquist regarded Project #404 utilities within the Lexington Place South and Lexington Place 2nd Additions projects. Several additional owners are being assessed according to Mr. Colbert and an objection to assessments was received on behalf of the Patrick McCarthy property. Mr. & Mrs. Kelmer Bratland were present but had no objection to the assessments. Thomas moved, Egan seconded the motion to close the hearing, noting no other objections and to approve the assessment roll and authorize certification to the County for the collection of the unpaid assessments to be spread over 5 years at 11% interest, with the understanding that the Patrick McCarthy parcel will be continued until the November 19, 1,985 regular City council meeting at 7:00 p.m. All voted yes. 6 Council Minutes September 17, 1985 LONE OAK ROAD - PROJECT #410 - FINAL ASSESSMENT HEARING The final assessment hearing regarding Project #410 relating to trunk storm sewer outlet assessments along Lone Oak Road came to the Council. Marvin Post appeared on behalf of Mary Post and .requested information regarding senior citizen exemption for Mary Post. There were no objections. Wachter moved, Egan seconded the motion to close the hearing and to approve the assessment roll and authorize certification to Dakota County for collection of assessments to be spread over 15 years at 11% annual interest. All voted yes. BIRCH PARK ADDITION - PATRICK EAGAN PARK - PROJECT #411 FINAL ASSESSMENT HEARING The public hearing for Project #411 covering trunk storm sewer outlet in the Birch Park Addition-Patrick Eagan Park area was next convened by Mayor Blomquist. Tom Colbert detailed the assessments and a number of affected property owners were present in the audience. Specific appearances related to the following property owners: 1. Patrick McCarthy, Deerwood Drive, objections filed. 2. Lillian McCarthy, Lexington Avenue, objections filed. 3. Donald Vogtman who stated there was no benefit from the storm sewer improvement, objections filed. 4. Darrel Baska on behalf of Victor and Sharon Staff covering Lot 5, Block 1, Skovdale 2nd Addition and filed objections. Mr. Baska was present and stated the water level had increased dramatically and that 1/2 to 1 acre of property had been inundated. He recommended the Council defer the assessments and requested resolution of the legal action also being brought against the City. 5. Robert Honsa. Mr. Honsa was present and explained that he owned 1 1/2 acres on Deerwood Drive and 2.6 acres to the north. He requested that time be granted to him to combine the two parcels, and filed objections. 6. Sienna Corporation. Rod Hardy appeared and had certain questions concerning assessments. 7. Miriam Nall appeared and objected to the proposed Agreement submitted by the staff regarding the assessments over the Nall property and it was noted that the Agreement can be entered into within 30 days of the approval of the roll, or in the event that the Agreement is not entered into, the full assessment will then be levied against the property. 8. Tom Bergin property, Deerwood Drive, assessments being deleted. 9. Ronald Boyle property, Deerwood Drive, filed objections. 7 Council Minutes September 17, 1985 After lengthy discussion, Egan moved, Wachter seconded the motion to close the public hearing and approve the final assessment roll for Project #411 covering the trunk storm sewer outlet and authorize the certification to the County for collection for unpaid assessments to be spread over 15 years at 11% interest, with the understanding that the assessments regarding the following parcels to be continued until the November 19, 1985 City Council meeting at 7:00 p.m. at the City Hall: Patrick McCarthy property, Lillian McCarthy property, Donald Vogtman property, Victor and Sharon Staff property, the Robert Honsa property, and Ronald Boyle property. All councilmembers voted affirmatively. PROJECT #415 - CEDAR CLIFF COMMERCIAL PARK - FINAL ASSESSMENT HEARING The final assessment hearing regarding Cedar Cliff Commercial Park streets and utility improvements under Project #415 was convened by Mayor Blomquist. The assessment roll was described by Tom Colbert and there were no objections. Egan moved, Wachter seconded the motion to close the hearing regarding the assessments and approve the roll and -authorize City Clerk VanOverbeke to certify the roll to the County for collection of the assessments to be spread over a 10 year term at 11% interest. All voted yes. PROPOSED 1986 EAGAN GENERAL GOVERNMENT BUDGET Tom Hedges described the various meetings held by the City Council beginning with August 27, 1985 to review the proposed 1986 departmental requests for the 1986 general fund budget. Seventeen divisions comprise the general fund budget, with approximately 10 different departments. The total requests were for $7,617.110.00 and the budget was modified to $6,609,470.00. The budget at the present time is being considered at $6,200,000.00 with the 1985 budget of $5,121,640.00. The extremely rapid growth within the City was noted by Mr. Hedges and there were no comments from members of the audience. Councilman Wachter moved, Councilman Egan seconded the motion to close the hearing regarding the budget. All voted in favor. WESCOTT HILLS 4TH ADDITION - HRA TAX INCREMENT FINANCING Councilman Egan moved, Wachter seconded the motion to adjourn the City Council and to convene as the Eagan Housing and Redevelopment Authority. All voted in favor. HRA OF EAGAN HRA Minutes of September 3, 1985 special meeting. The minutes of the September 3, 1985 special meeting of the Eagan HRA were submitted and upon motion by Smith, seconded Wachter, it was resolved that they be approved. All voted yes. 8 Council Minutes September 17, 1985 WESCOTT HILLS 4TH ADDITION - TAX INCREMENT FINANCING Tax increment financing regarding the Mayor's discussion about the concept of tax increment financing in the Wescott Hills 4th Addition relating to the application of John Houston and Darrel Gonyea for consideration of an interest rate reduction program came before the HRA. The project is located south of Yankee Doodle Road, west of Carriage Hills Golf Course and east of Elrene Road for which the Council has authorized $1,880,000.00 in multi-family housing revenue bonds. Tom Hedges indicated that a telephone call had been left with the Administrative Secretary indicating that the applicants had now withdrawn their application for tax increment financing. The Mayor discussed the concept of tax increment financing, distinguishing the tax increment financing approval for the proposed race track, which was a one-time situation, and for infrastructure purposes only. She argued that the multi-family housing tax increment would not be used for infrastructure purposes and that the Council has a financial responsibility to the City property owners, including the cost of installing City services and streets. She stated that the reasons the Council considered the race track financing included the following: a. A Letter of Credit was given which provided that no cost would be borne by the general public. b. The tax dollars could be used only for infrastructure and land preparation. C. It was a one-time occurrence and therefore no precedent would be set. d. The additional revenue would be generated by the attendance at the race track and would offset the tax increment dollar loss. She pointed out that in the case of multi-family or residential housing, that the following factors should be considered. a. The tax break is not going for infrastructure and land costs. b. Although tax increment financing is not covered by general obligation bonds, there is a financial responsibility to the City. c. Tax increment financing is intended to generate revenue to build a better living unit, but there is no way to determine whether this is true. d. There is no way to determine how many such tax increment financing districts developers would request in Eagan and no fair way to choose which sites the Council should select. Blomquist then moved to deny the request for tax increment financing for multi-family housing projects for reasons including those presented to the Eagan HRA and City Council. Wachter seconded the motion. 9 Council Minutes September 17, 1985 Councilman Egan indicated that TIF should be considered only for special projects that would not otherwise be financed and would enhance the community. Councilman Smith opposed the motion stating that each application should be reviewed independently and that there are certain benefits in multi-family housing. Those in favor were Blomquist and Wachter; those against were Thomas, Smith and Eagan. Smith then moved, Thomas seconded the motion to recommend denial of the project, based upon the withdrawal of the application and to adjourn the HRA and reconvene as the Eagan City Council. All voted in favor. WESCOTT HILLS 4TH ADDITION - TAX INCREMENT FINANCING Based upon the withdrawal of the application for tax increment financing by the developers of the Wescott Hills 4th Addition project. Smith moved, Egan seconded the motion to accept the withdrawal by the developer and to deny the tax increment financing application. All voted yes. LeMAY LAKE HILLS - REZONING & PRELIMINARY PLAT The application of Al Kempf to consider the rezoning of approximately 13.69 acres from A (Agricultural) to PD (Planned Development) and preliminary plat approval to subdivide the area into 8 single family lots and 5 multiple dwelling lots consisting of 40 dwelling units on the 5 lots then came to the Council. Tom Colbert detailed the application for the Council, including the proposed revisions presented by the developer since the last City Council consideration at its August 20, 1985 meeting. A petition from surrounding owners objecting to access to Towerview Road at the east end of the project was submitted and received by the Council. Al Kempf and his architect were present, as well as numerous neighboring property owners on the south side of Towerview Road. Members of the Lunka family were present and had questions about the proposed access location, noting that their homes would be most impacted. After discussion, Thomas moved, Smith seconded the motion to approve the application for rezoning from A (Agricultural) to PD (Planned Development). Neighboring owners requested speed limit signs on Quarry Lane and Towerview Road. Upon questioning, the architect for the project reviewed the grade change between the single family and the townhouse project. Certain owners objected to the trailway being dedicated along the lake and it was noted there was no present plan for installation. All members voted yes. Egan moved, Thomas seconded the motion to approve the application for preliminary plat approval, subject to the following conditions: 1. The developer shall be responsible for constructing the necessary guardrail/handrail between the retaining wall and the bike path along Pilot Knob Road. 10 Council Minutes September 17, 1985 2. The sanitary sewer shall be extended northerly to provide service to the existing house. 3. The upgrading of Towerview Road shall be approved prior to final plat approval. 4. A 55 foot half right-of-way for Pilot Knob Road, a 60 foot half right- of-way for Lone Oak Road, and a 30 foot half right-of-way for Towerview Road shall be dedicated on the final plat. 5. A 30 foot width utility easement shall be granted over sanitary sewer and watermain not located within public right-of-way. 6. This development shall be responsible for trunk area watermain and the upgrading of trunk area storm sewer assessments from single family to multi- family at the rates in effect at the time of final platting. 7. All costs associated with this development regarding internal public improvements shall be the sole responsibility of this development. 8. Park dedication requirements shall be satisfied as recommended by the Eagan Park Commission and approved by the City Council. 9. The developer shall submit for staff approval a detailed landscape plan providing for a solid screen for the approximate 450 foot area where the proposed internal street parallels Pilot Knob Road prior to the approval of the final plat, and a landscape bond shall be established by City staff and provided by the developer at time of staff review. 10. The developer shall provide a name for the proposed internal street. 11. All provisions of Eagan's Shoreland Ordinance including density shall be met prior to the approval of the final plat. 12. The minimum setback requirements for parking areas shall be met prior to approval of the final plat. 13. The preliminary plat shall be approved by the Dakota County Plat Committee, prior to the approval of the final plat by the City. 14. A detailed landscape plan for the multiple dwelling area shall be- submitted to the City staff and approved prior to the issuance of any building permits. 15. The developer shall submit covenants for review and approval by City staff for the lots on Towerview Drive to insure compatibility of use and design with the homes currently existing on Towerview Drive. 16. The developer shall establish a homeowners association for the townhome units for review and approval by'City staff prior to the sale of any units to separate owners. . 11 Council Minutes September 17, 1985 17. The access to Towerview Road shall be located according to the most recent plan submitted by the developer and approved by the City Council. All councilmembers voted yes. SEE PLAT FILE DADCO DIVERSIFIED - SPECIAL PERMIT - OUTSIDE FREEZER An application from Dadco Diversified for a special permit to allow an outside freezer on Lots 2 and 3, Block 2, Sibley Terminal Industrial Park next came to the Council. The location would be at the Roadway Custom Trailer property on Highway #13 and there were no objections. A representative of the applicant was present. Smith moved, Wachter seconded the motion to approve the application, subject to conformance with all necessary City ordinances. All voted yea. SUNSHINE CONSTRUCTION COMPANY - TEMPORARY ADVERTISING SIGN PERMIT An application of Sunshine Construction Company was submitted requesting a special permit for an advertising sign located on the St. John Neumann property at the corner of Deerwood Drive and Pilot Knob Road for temporary advertising sign. It was noted that the sign has been put into place. Don Johnson appeared for the applicant. Thomas moved, Smith seconded the motion to approve the application, subject to compliance with the applicable ordinances. All voted yes. TILSEN HOMES - VARIANCE - WILDERNESS RUN 6TH ADDITION An application of Tilsen Homes for 5 foot and 10 foot variance for a corner lot covering Lot 1, Block 1, Wilderness Run 6th Addition was then presented to the Council for consideration. Jim Tilsen was present and there were no objections. It was noted that the reason for the variances was in order to save an existing oak tree on the hillside, near the center of the lot. Wachter moved, Egan seconded the motion to approve the application, subject to compliance with City requirements. All members voted yes. EAGLES NEST PROJECT A request from Gene Bassett Realty for modification of the 100%- handicapped occupancy requirement for the Eagles Nest project was received. Tom Hedges noted that the City Council, at its June 18, 1985 meeting, approved construction of 14 townhouse units and required as a condition, that all units be occupied and accessible to handicapped persons. Several neighboring property owners appeared and objected to the project and Gene Bassett also was present. Mr. Bassett stated that he would not object to the construction for handicapped accessible, but it is not practical, according to persons familiar with handicapped housing, to require that all units be occupied by handicapped persons. Smith moved, Thomas seconded the motion to approve the request that all units in the Eagles Nest project be accessible to handicapped persons and that the goal of 50% of the units to be occupied by at least one handicapped person, be established. All voted in favor except Wachter who voted no. 12 Council Minutes September 17, 1985 PINE RIDGE DRIVE & GROUP W ADDITION - PROJECTS #414 & #423 ALTERNATE The bids have been received and opened covering City Contract #85-23 regarding Projects #414 and #423 street improvements. The apparent low bidder was McNamara Contracting in the amount of $127,312.50. Mr. Colbert noted that the base bid for Project #414 was $46,466.50 and that the base bid for Project #423 was $80,846.00 which was 31.7% greater than the feasibility report estimate. Mr. Colbert contacted three affected owners, including the Gas Company, Group W Cable and Splashland concerning the access construction cost in the Group W area and it was noted that the overrun was based upon changes during the design process. After discussion, Smith moved, Egan seconded the motion to award the contract for Project #414 to the low bidder and delete Project #423 if the low bidder has no objection; further, that the staff contact the three affected owners under Project #423 and in the event each grants a waiver of any objection, that the contract portion for Project #423 proceed on the basis of the low bid; in the event that the low bidder will not accept the terms, then the bids will be rejected. All members voted yes. SILVER BELL ROAD - CONTRACT #84-10 - CHANGE ORDER #2 Change Order #2 to Contract #84-10 consisting of Silver Bell Road, providing for an' additional amount in the sum of $1,762.68 was presented to the Council for approval. Wachter moved, Egan seconded the motion to approve Change Order No. 2 to Contract #84-10. All voted yes. PARK DEPARTMENT - BRUSH CHIPPER The bids for the brush chipper for the Park Department have been received and the low bid was $10,300.00 from LaHass Manufacturing Equipment and Sales. It was recommended the low bid be approved and the contract be awarded to the low bidder. Upon motion by Wachter, seconded Egan, it was resolved that LaHass be granted the contract. All voted yes. CONSULTING BUILDING INSPECTOR John Vuyovich has taken an indefinite leave of absence as one of the City's Consulting Building Inspectors and the staff recommended that Dirk House, a licensed master plumber and general contractor in the home building field, be hired as a replacement. Wachter moved, Thomas seconded the motion to approve the recommendation. All voted yea. COMPOSTING SITE - CONCEPT PLAN The City has proceeded with one of its two locations for a compost site which has been located south of the Municipal Center on Pilot Knob Road, and it was recommended that the site concept plan be approved. Wachter moved, Egan seconded the motion to approve the recommendation for the site. All councilmembers voted affirmatively. R 85-61 13 Council Minutes September 17, 1985 Iky PERSONNEL City Administrator recommended the suspension pending termination of Ann Goers, the City Assessment Clerk. The reasons for the suspension and consideration of termination were outlined in the packet submitted to the City Council and a resolution prepared by John Rozack, special legal counsel for the City in the matter, had been submitted for consideration by the City Council. Both Mr. Hedges and Mr. Colbert reviewed the recommendation and upon motion by Smith, seconded Thomas, it was resolved that the recommendation be approved for a 30 day suspension of Ann Goers, pending termination, based upon the findings of fact submitted to the City Council. All voted in favor. UNITED NATIONS DAY Wachter moved, Egan seconded the motion to acknowledge United Nations Day within the City of Eagan. All voted yes. EAGAN CLEAN-UP DAY October 19, 1985 has now been designated as Clean-Up Day for the City. Blomquist moved, Wachter seconded the motion to designate October 19, 1985 as the official day. All councilmembers voted yes. AMM BOARD OF DIRECTORS Don McElroy, a member of the Burnsville City Council, has requested support in his bid for election to the Board of Directors of the Association of Metropolitan Municipalities. Blomquist moved, Smith seconded the motion to support Mr. McElroy's bid for election to the Board. All councilmembers voted affirmatively. SUN CLIFF 4TH & 5TH ADDITIONS - STREET & UTILITIES PROJECT #436 The final assessment roll has been prepared for Project #436 consisting of street and utility improvements in Sun Cliff 4th and 5th Additions and it was recommended that the roll be received and that a final assessment hearing be scheduled for October 15, 1985 at 7:00 p.m. at the Eagan City Hall. Blomquist moved, Thomas seconded the motion to approve the recommendation. All voted yea. 14 Council Minutes September 17, 1985 )Y.• S & W INDUSTRIAL ACRES - PROJECT #430 The roil regarding S & W Industrial Acres, Project #430, street and utility improvements, was submitted to the Council and it was recommended that it be received and the public hearing on the assessments be scheduled for 7:00 p.m. at the Municipal Center on October 15, 1985. Blomquist moved, Thomas seconded the motion to approve the recommendation and schedule the hearing. All voted in favor. STREET SUPERINTENDENT The staff had advertised for the vacancy created by the retirement of Bill Branch and over 60 applications were considered. Staff is recommending that Arnold Erhart be hired as the Superintendent of Streets and Equipment, and upon motion by Blomquist, seconded Thomas, it was resolved that Arnold Erhart be hired in the recommended position effective October 7, 1985. All councilmembers voted yes. WINDTREE 5TH ADDITION - PROJECT #462 A petition had been received for feasibility report for street and utility improvements in Windtree 5th Addition and it was recommended that the petition be received and the Council authorize the preparation of a feasibility report. Egan moved, Wachter seconded the motion to implement the recommendation and authorize the preparation of the report. All members voted affirmatively. SENECA WASTE TREATMENT PLANT Mayor Blomquist reported on a meeting that she held with a representative of the staff of the Metropolitan Waste Control Commission regarding the unwholesome odors from the Seneca Waste Treatment plant. A proposal was made to bring in additional septic material and the Mayor moved, Wachter seconded the motion that the City Council be on record opposing further septic material to be brought into the Seneca Waste Treatment plant because of the apparent over-use of septic materials at the present time, and further that no additional material be brought in until the current odor problems are resolved. All members voted yes. ROBERT O'NEIL - REZONING Councilman Wachter moved that the Council reconsider the Council's earlier motion to rezone the Robert O'Neil. property at Lexington Avenue and Yankee Doodle Road from A (Agricultural) to PD (Planned Development). There was no second and the motion died. 15 Council Minutes September 17, 1985 EAGANDALE COURT AND BRITTANY 9TH ADDITION PROJECTS #456 AND #459 The feasibility reports for Project #456 covering utility and street improvements to the Eagandale Court area and for Project #459 for utility and street improvements to Brittany 9th Addition were submitted. The Public Works Department recommended that the reports be received and that a public hearing be scheduled by the City Council for Tuesday, October 1, 1985, at the Eagan Municipal Center at 7:00 p.m. Wachter moved, Smith seconded the motion to accept the feasibility report and set the public hearing. All members voted in favor. CHECKLIST Thomas moved, Wachter seconded the motion to approve the following checklist dated August 31 in the amount of $ ,631,478.28 All voted yes. September 17 2,573,152.67 ADJOURNMENT Thomas moved, Wachter seconded the motion to adjourn at 11:05 p.m. All voted in favor. PHH C"A City, erk 16