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09/01/1987 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 1, 1987 A regular meeting of the Eagan City Council was held on Tuesday, September 1, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. In addition, City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle, Consulting Engineers Robert Rosene and Mark Hanson, and City Attorney Paul Hauge were present. AGENDA Mayor Blomquist noted that the Wilderness Run Road hearing was not included on the agenda and the public hearing that was scheduled will be continued. Egan moved, Wachter seconded the motion to adopt the agenda as presented. All voted in favor. MINUTES Wachter moved, Egan seconded the motion to approve the 30 pages of minutes of the regular meeting of August 18, 1987. All councilmembers voted in favor. MINNESOTA RECREATION & PARK ASSOCIATION CITATION Park Director Ken Vraa introduced Bruce Anderson, a representative of the Minnesota Recreation and Park Association who presented an award to the Eagan Park & Recreation Department. The purpose of the award was for the "Ground Pounders" running series, coordinated by Apple Valley, Burnsville, Lakeville and Eagan, and the award was presented to Mayor Blomquist. Dorothy Peterson and Paula Nowariak were present in the audience and recognized by Ken Vraa for their very diligent recreational service work for the Park Department. VOLUNTEER FIRE DEPARTMENT Thomas Hedges described the plans prepared to date for the Fire Station No. 4. Ken Southorn, the Fire Chief, was present and made the following report: 1. He noted that 23 new recruits were approved with 91 persons on the fire department roster at the present time. 1 Council Minutes September 1, 1987 2. He recommended that the Council authorize Arthur Dickey & Associates to proceed with the grading plan for Lots 1, 2, and 3, for Fire Station No. 4 in the amount of $1,800.00. Egan moved, Wachter seconded the motion to authorize the preparation of the grading plan by Arthur Dickey & Associates. All voted yes. Upon recommendation of the staff, Egan moved, Ellison seconded the motion to schedule the advertisement for bids for Fire Station No. 4 to be opened on September 29, 1987 at 2:00 p.m. at the Eagan Municipal Center. All voted yea. HAZARDOUS WASTE COLLECTION Tom Hedges reported that the City has an opportunity to work jointly with Dakota County and Unisys Corporation for a special household hazardous collection schedule for November 6 and 7, 1987 at the Unisys Defense Systems building on Yankee Doodle and Pilot Knob Roads. The cost to the City would be between $2,000.00 to $5,000.00 and the staff recommended approval. John Hohenstein was present and answered questions of the City Council, indicating that paints, aerosol and pesticides are intended to be collected. The Councilmembers authorized proceeding with the pilot program and directed the staff to assist in setting up the program. CONSENT AGENDA The following consent agenda items were submitted and recommended to be approved: 1. Proclamation/Constitution Week. The City Council proclaimed September 17, 1987 as Constitution Week in the City of Eagan. 2. Personnel Items. It was recommended that Steven Baehr and Bob Goering be hired as seasonal maintenance workers in the Parks Department for the fall season. 3. Plumbers Licenses. A schedule of applications from six plumbing companies attached to the Council packet, was recommended to be approved. 4. Town Centre 70 and Town Centre 100 - Street Lights - Project #519. A petition has been received from Federal Land Company for the installation of street lights in Town Centre 70 and Town Centre 100 and it was recommended that the Petition be received and the Council direct the authorization of a feasibility report. 2 Council Minutes September 1, 1987 5. Gopher Eagan Industrial Park 2nd Addition - Project #516. The feasibility report for Project #516 consisting of street and utility improvements in Gopher-Eagan Industrial Park 2nd Addition was submitted and it was recommended to be received and a public hearing be scheduled for October 6, 1987 at 7:00 p.m. at the Eagan Municipal Center. 6. Wescott School Addition - Final Plat. The application by School District #196 for final plat approval of Wescott School Addition was submitted. The staff recommended approval of the final plat, subject to compliance with all City requirements. R87-59 7. Lone Oak 2nd Addition - Final Plat. It was recommended by the staff that the City Council approve the final plat application for Lone Oak 2nd Addition and authorize the Mayor and City Clerk to execute all related documents. R87-60 8. Digital Printer - Public Works Department - Surplus Property. It was a recommendation of the Public Works Department that the digital printer originally purchased for the card control gas system, be declared surplus property to be made available for sale. Inver Grove Heights is interested in acquiring it and it was recommended that negotiations be authorized to sell the printer to Inver Grove Heights. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing Consent Agenda items be approved as recommended. All members voted affirmatively. GREENSBORO FIRST ADDITION - PROJECT #470 - PUBLIC HEARING Mayor Bea Blomquist convened the public assessment hearing regarding Project #470 consisting of street and utility improvements for Greensboro First Addition. There were no appearances and Tom Colbert described the assessments covering 38 parcels, to be assessed over 5 years at 8.5% interest. Smith moved, Ellison seconded the motion to close the hearing, to approve the assessment roll and authorize the certification to the County for collection. All members voted in favor. WOODLAND ELEMENTARY SCHOOL - PERMIT City Administrator Tom Hedges announced that Dr. Tom Wilson was present on behalf of ISD #196 and requested a building permit for Woodland Elementary School. Because of the backlog of approximately 20 subdivision plats in the Dakota County Surveyor's office as of August 20, 1987, a delay has been encountered and it is critical that construction of the school building be commenced. There was no objection. Smith moved, Ellison seconded the motion to approve the request as submitted, subject to compliance with all City requirements. All voted yes. 3 Council Minutes September 1, 1987 WILDERNESS RUN ROAD - IMPROVEMENT PROJECT #345 - ASSESSMENT HEARING The public assessment hearing regarding Wilderness Run Road improvement Project #345 street improvements, scheduled for September 1, 1987 was then convened by the Mayor. It was recommended by the staff that the Council continue the public hearing until September 15, 1987 in order to complete negotiations with the affected property owners. Egan moved, Wachter seconded the motion to continue the hearing until September 15, 1987 at 7:00 p.m. at the Municipal Center. All voted in favor. DANIEL DRIVE - PROJECT #475 - ASSESSMENT HEARING The next assessment hearing convened by Mayor Blomquist covered street and utility improvements on Daniel Drive under Project #475. It was recommended by the staff that there be a continuance, and upon motion by Egan, seconded Wachter, it was resolved that the hearing be continued to September 15, 1987 at 7:00 p.m. at the City Hall. All members voted yes. BLUEBERRY CIRCLE - PROJECT #481 - ASSESSMENT HEARING After convening the public hearing regarding Blueberry Circle storm sewer improvements under Project #481, Mr. Colbert explained the project. He briefly reviewed the agreement affecting the project and two affected property owners were present with no objections. Egan moved, Ellison seconded the motion to close the hearing and to approve the final roll and authorize the certification to the County for collection. All councilmembers voted yes. HOLLAND LAKE - PROJECT #444R The public hearing regarding the final assessments for the trunk storm sewer for Holland Lake under Project #444R was next opened by the Mayor. Tom Colbert described the project in some detail and indicated that certain parcels had received large lot credit. A resume' of the assessments proposed was presented and Martin DesLauriers appeared and filed objections to the assessments against his property. There were no other appearances or objections. Egan then moved, Smith seconded the motion to close the hearing, to approve the assessment roll and certify all assessments under the roll to Dakota County for collection, with the exception of the DesLauriers parcel, which was stricken from the roll; further, that the DesLauriers assessments be referred to the Assessment Committee and in the event that there is no resolution to the objections, that an appraiser be hired to determine benefits to the property. All voted in favor. 4 Council Minutes September 1, 1987 TRUNK WATER MAIN - PROJECT #404 The public hearing regarding Project #404 covering assessments for the trunk water main in parcel 013-76 along Lexington Avenue consisting of the Patrick McCarthy property next was convened by the Mayor. Patrick McCarthy was present but there were no objections. After explanation by Mr. Colbert, Egan moved, Ellison seconded the motion to close the hearing, to approve the assessment roll, providing for a reduction of the assessments from $6,551.26 to $1,084.00, subject to the execution of an appropriate agreement by October 1, 1987 and authorize the certification to the County for collection. All members voted affirmatively. TRUNK STORM SEWER - PROJECT #411 - ASSESSMENT HEARING The next assessment hearing regarding property owned by Patrick McCarthy near Hurley Lake for trunk storm sewer purposes under Project #411 covering Parcel 011-04 was then convened by Mayor Bea Blomquist. Mr. Colbert explained that at the time of the final assessment hearing on September 17, 1985, a written objection was submitted by the property owner for the assessments and an appraisal was done with a benefit established at $50,000.00 compared with the proposed $60,680.12 to be assessed. The Special Assessment Committee reviewed the assessments at its July 1987 meeting and recommended reduction to $50,000.00. Pat McCarthy appeared and stated that the catch basin was causing water to come into McCarthy Pond and Mr. Colbert explained that all ponds would equalize after heavy rains. McCarthy asked the City to plug the outlet and to hold the water on his property. After review of the assessment roll which had been reviewed by the Council on September 17, 1985 and the Assessment Committee in July of 1987, and upon the request of Mr. McCarthy, Egan moved, Wachter seconded the motion to close the hearing and to approve the assessment roll and authorize it to be forwarded to Dakota County for spread on the tax rolls, based upon the benefit received; further, that Findings and Conclusions be prepared covering the assessments which shall be attached to these minutes. All councilmembers voted in favor. TRUNK STORM SEWER - ELLERBE ARCHITECTS - PROJECT #428 The final assessment hearing concerning Tract F, RLS No. 4, Parcel 019-00 owned by Ellerbe Architects, covering street and storm sewer improvements was then convened. A final assessment hearing was held on March 1, 1986 at which time objections were filed by Ellerbe. The Special Assessment Committee reviewed the assessments at its July 1987 meeting and recommended that the property be 5 Council Minutes September 1, 1987 assessed at the total amount of $53,321.53 according to the assessment roll. There being no objections, and Mr. Colbert stated that he understood the property owner was now in agreement with the assessments, Wachter moved, Egan seconded the motion to close the hearing, to approve the assessment roll and to authorize certification to the County for collection. All members voted yes. TRUNK STORM SEWER - PROJECT #443 - ROBERT O'NEIL PROPERTY The final assessment hearing concerning Project #443 covering the Robert O'Neil property was, after recommendation, upon motion by Egan, seconded Smith, continued until later in the Council meeting. All councilmembers voted yes. TRUNK WATER MAIN - PROJECT #447 - WILLARD BERFELZ-PROPERTY The hearing regarding the Willard Berfelz property under Parcels 010-28 and 010-12 under Project #447 was then considered by the Council. The Council had reviewed the recommendation of the Special Assessment Committee and there was no appearance by Mr. Berfelz until later in the meeting. When he appeared, he indicated he had no objection to the assessments. Mr. Colbert reviewed the assessments and recommended approval of the roll. Wachter moved, Egan seconded the motion to close the hearing, to approve the final assessment roll and authorize certification to the Dakota County Auditor. All voted affirmatively. HIDDEN VALLEY ADDITION - PROJECT #511 - SANITARY SEWER The public hearing regarding Project #511 consisting of sanitary sewer extension in the Hidden Valley Addition, east of Pilot Knob Road .then came before the City Council for its review. Mark Hanson described the proposal, including the assessments and the necessary easements.,.-.No lateral assessments would be proposed under the current project and the cost would be provided from the trunk sanitary sewer funds. There were no appearances or objections. Smith-moved, Ellison seconded .the motion to close the hearing, to order in. the project and to authorize the preparation of plans and specifications. All voted yes. BRITTANY.10TH ADDITION - PROJECT #513 - TRUNK WATER„MAIN The public hearing regarding Brittany 10th Addition trunk water main 'under. Project. #513.:was convened by:the'Mayor. -Mark Hanson explained the. project including ~the required:'-easements that would,be necessary:to ,complete the project. LHe. indicated _.that,'a• :water - main running-easterly is intended to be..constructed:because the 24 inch trunk.. ion :Cliff Road will •be eliminated during`-the Pilot.-Knob Road 6 Council Minutes September 1, 1987.~~ upgrading. He noted that condemnation may be required. There were no appearances and after discussion, Wachter moved, Egan seconded the motion to close the hearing, to approve and authorize the project to be installed and direct the preparation of detailed plans and specifications; further, that the staff be directed to commence condemnation if necessary, and to hire an appraiser to determine damage. All Councilmembers voted yes. FAIRWAY HILLS 2ND ADDITION - PRELIMINARY PLAT A letter was received from attorney David Sellergren on behalf of the developer of the Fairway Hills Addition requesting a preliminary plat extension for Fairway Hills 2nd Addition. Based upon the background of the request, Egan moved, Smith seconded the motion to approve the request for extension for one year from the date of expiration. All voted yes. SEE PLAT FILE JOHNNY CAKE RIDGE 5TH ADDITION - PRELIMINARY PLAT The application of Good Value Homes for Johnny Cake Ridge 5th Addition next came before the City Council. Tom Hedges and Dale Runkle explained the background, noting that a Court Order had been entered in the District Court requiring the City Council to approve the application and Larry Johnson, attorney for the applicant, was present. Mr. Hedges indicated that one neighboring owner called and had a question concerning the status of the preliminary plat. Mayor Blomquist was concerned about the soil condition and Mr. Johnson indicated that soil tests will be taken and that corrective measures will be implemented. Smith moved, Wachter seconded the motion to approve the application with the following conditions: 1. This development shall use existing services for sanitary sewer and water to the newly developed lots. The only new service that will be allowed will be to provide service to Lots 1 and 2 of Block 1, and Lots 3 and 4 of Block 3. 2. The vacation of the necessary drainage and utility easements over Outlot B for proposed Blocks 1, 2, and 3 of the 5th Addition shall occur prior to final plat approval. 3. All costs associated with completing this development shall be the sole responsibility of this development. 4. All standard City of Eagan plat conditions shall be adhered to. 5. A detailed landscape plan shall be submitted and the financial guarantee shall not be released until after one year from time of installation. 7 Council Minutes September 1, 1987Y"t 6. The plat shall be subject to the Advisory Parks and Recreation Commission review and dedication requirements. 7. The chief building inspector shall review and approve the soil samples at the time the submission of the grading plan to make sure the plan conforms with appropriate building requirements. All members voted yes. SEE PLAT FILE HOLIDAY STATION STORES - CONDITIONAL USE PERMIT A request was submitted by David Hoeschen of the real estate department for Holiday Station Stores, asking that the Council reconsider the requirement for service bays in its conditional use permit for the station at Nicols and Cliff Road. A Holiday representative was present and mentioned that Holiday may include the service bays but would prefer not to do so. City Attorney Paul Hauge explained the motion that was brought by Tom Thumb regarding Yankee Square and Cedar Cliff Shopping Center gas pump applications, and the staff asked direction from the City Council regarding the requirement for service bays with the issuance of gas pumps. After discussion, Wachter moved, Egan seconded the motion to authorize the removal of the requirement of the conditional use permit for Holiday regarding service bays. All members voted yes. JAMES De1GRECO - EVERGREEN PARK ADDITION - VARIANCE The application of James DelGreco for variance for 1 foot side yard setback for Lot 6, Block 1, Evergreen Park Addition came to the City Council. Mr. Runkle indicated that the request was for 14 feet rather than 1 foot and recommended a continuance. Egan moved, Ellison seconded the motion to continue the request until the next regular meeting for further review. All voted in favor. ROBERT O'NEIL PROPERTY - TRUNK STORM SEWER - PROJECT #443 The reconvened public hearing regarding Project #443 consisting of trunk storm sewer improvements over the Robert O'Neil property consisting of parcels 010-77 and 010-56 was then convened by Mayor Blomquist. City Attorney Paul Hauge introduced the project and indicated that Public Works Director Tom Colbert and Mark Parranto, the appraiser for the City, would be testifying on behalf of the City. He asked whether there was anyone present on behalf of the O'Neils, and there were no appearances. It was noted that the Special Assessment Committee in July of 1987 reviewed the assessments and at that time, Mr. and Mrs. O'Neil, attorney Jerry Duffy and John Klein were present. A recommendation was made by the Assessment Committee to the City Council that the roll be adopted as proposed. 8 Council Minutes September 1, 1987 Mark Parranto was introduced and he reviewed an appraisal that he had done covering the property dated January 29, 1987. He reviewed the value of the property before the assessments, indicating $2,674,000.00, and the value after of $2,842,000.00 for an increase in value of $168,000.00. The proposed amount of the assessments was approximately $158,000.00 and, according to his opinion, after having reviewed comparables to the property, that the increase in value did equate or was greater than the proposed assessments. Mr. Colbert reviewed the project in some detail, indicating that the storm sewer improvements had been installed, including the use of two ponds on the O'Neil property. Councilman Smith questioned the increase in value. Mr. Hauge recommended that the hearing be closed but that the owner and the City be allowed to submit any further information, including Findings and Conclusions and the Council then consider the approval of the roll at its regular September 15, 1987 meeting. Egan moved, Wachter seconded the motion to implement the recommendation and to close the hearing and adopt the assessment roll at the regular September 15, 1987 meeting. All councilmembers voted in favor. LAKE PARK CIRCLE - STEVEN PARRANTO - VARIANCE The application of Steven Parranto for variance for a 15 foot side yard setback at 1478 Lake Park Circle came to the Council for its consideration. The lot consisted of Lot 8, Block 1, Thomas Lake Addition. The request was to allow construction of a 76 foot wide, two-story home on an odd-shaped lot. Mark Parranto appeared as did Steve Parranto, indicating that the hardship was based upon the 60 foot cul-de-sac radius and noted that the house would conform with other houses in the subdivision, with the kitchen, the only portion that requires the variance. Steve Parranto explained that he tried five house designs on the lot, and mentioned that there were no objections from the neighboring owners. Ellison moved, Smith seconded the motion, noting that the proposed home was of a large residential variety and that it also was at the end of a cul-de-sac, thereby justifying the hardship and the application was approved. All members voted yes, except Wachter who voted no. CINNAMON RIDGE 6TH ADDITION - ZACHMAN HOMES - WAIVER OF PLAT An application was submitted by Zachman Brothers Construction for waiver of plat for Lot 7, Block 1, Cinnamon Ridge 6th Addition consisting of a duplex lot. There were no appearances. Ellison moved, Wachter seconded the motion to approve the application, with the understanding that all City requirements will be complied with and the following: 9 Council Minutes September 1, 1987 1. That the proper fill and outlet be completed according to City requirements for the storm sewer ponding that exists between River Hills 9th Addition and the Cinnamon Ridge Addition. All voted yes. R87-61 METROPOLITAN WASTE CONTROL COMMISSION - SPECIAL PERMIT An application of the Metropolitan Waste Control Commission to expand the existing sewage lift station located south of Highway #55 on the Veronica McClean property was next considered by the Council. The Commission plans to expand the lift station on Lot 5, Robert O'Neil Homestead, and to purchase a 120 foot by 120 foot parcel of land for the expansion of the existing lift station. The question was whether a regional utility use is appropriate for light industrial area and the waiver of plat for land recording purposes would be required. Dale Runkle described the request and noted that the Commission was having difficulty with acquiring access to the parcel across the McKee property. Representatives of the Commission were present and there were no objections. Wachter moved, Egan seconded the motion to approve the special permit requested by the MWCC. All voted yea. PINECREST OF EAGAN ADDITION - STREET NAME CHANGE A request was made for street name change in Pinecrest of Eagan Addition, noting that Crestridge Court was already used, and it was recommended that Pinecrest Court be substituted. Ellison moved, Wachter seconded the motion to approve the change from Crestridge Court to Pinecrest Court in the final plat documents of Pinecrest of Eagan Addition. All voted yes. R87-62 HILLS OF STONEBRIDGE - MODEL HOME PERMITS An application was submitted by United Mortgage Corporation for approval of 12 model home permits for Hills of Stonebridge. Ron Helmer appeared on behalf of United Mortgage Corporation and it was noted the final plat process has not been completed. The normal requirement is that the homes could not be sold or occupied before final plat approval. Noting the variance from the normal City procedure, Egan moved, Ellison seconded the motion to grant approval of permits for up to 12 model homes, but that no more than the identical number approval for Bridle Ridge Addition be approved for Hills of Stonebridge. All voted yes, except Wachter who voted against. 10 Council Minutes September 1, 1987 3..f~ ELRENE ROAD & BRADDOCK TRAIL - CONTRACT #87-25 Plans for Contract #87-25 consisting of street improvements for Elrene Road and Braddock Trail were presented. It was recommended that the plans be approved and that the Council authorize the advertisement for bids to be opened at 10:30 a.m. on Thursday, October 1, 1987 at the City Municipal Center. Mr. Colbert recommended approval but that the Council will reconsider the MSA Funding prior to the award. Smith moved, Wachter seconded the motion to implement the recommendation of the staff to schedule the bid opening. All voted in favor. BRITTANY 10TH ADDITION - CONTRACT #87-35 Upon motion by Wachter, seconded Ellison, it was resolved that the plans for Contract #87-35 consisting of trunk storm sewer and watermain for Brittany 10th Addition be approved and that the Council authorize the advertisement for bids to be opened on October 1, 1987 at 10:30 a.m. at the City Municipal Center. All members voted in favor. WHISPERING WOODS/R & B ADDITION - CONTRACT #87-36 Mr. Colbert indicated that Ken Applebaum was not willing to grant the easement across property adjacent to R & B Addition, but recommended that the Council proceed with the plans. Upon motion by Egan, seconded Wachter, it was resolved that the plans for Contract #87-36 covering storm sewer improvements be approved, and that the Clerk be authorized to advertise for bids to be opened at 11:30 a.m. at the Municipal Center on October 1, 1987. All voted yea. TOWERVIEW ROAD & HIGHVIEW AVENUE - CONTRACT #86-4 Egan moved, Ellison seconded the motion to authorize the final payment and formal acceptance of Towerview Road and Highview Avenue for utility and street improvements under Contract #86-4. All voted yes. GREENSBORO ADDITION - CONTRACT #86-14 Upon motion by Ellison, seconded Smith, it was resolved that the City Council authorize the final payment and formal acceptance for perpetual maintenance of streets and utilities for Greensboro Addition provided by Contract #86-14 and based upon the Certificate of Compliance submitted by Bonestroo, Rosene, Anderlik & Assoc. All members voted positively. 11 Council Minutes September 1, 1987 BRITTANY 9TH ADDITION - CONTRACT #86-4 Wachter moved, Egan seconded the motion to authorize the final payment and the acceptance for perpetual maintenance of the streets and utilities in Brittany 9th Addition under Contract #86-4 awarded by the City. All councilmembers voted affirmatively. EAGANDALE INDUSTRIAL PARK & UPS 1ST ADDITION - CONTRACT #86-10 A Certificate of Compliance with City approved plans and specifications had been submitted by the consulting engineers and it was recommended that the final payment be approved for Contract #86- 10 and that the City accept the project for perpetual maintenance. Egan moved, Wachter seconded the motion to implement the recommendation of the staff. All voted in favor. 1987 SEAL COAT - CHANGE ORDER #1 - CONTRACT #87-8 A proposed Change Order No. 1 to Contract #87-8 covering 1987 sealcoating improvements, was upon motion by Egan, seconded Wachter, approved in the amount of $19,866.28 and authorized payment to Bituminous Roadways, Inc. All voted yes, except Councilman Wachter who voted no, indicating that the Change Order should have been approved at an earlier time and should have been a part of the street reconstruction improvements. PARKCLIFF STORM SEWER - CONTRACT #87-37 The plans for Parkcliff storm sewer have been submitted and upon motion by Wachter, seconded Egan, it was resolved that the plans and specifications for the storm sewer improvements under Contract #87-37 in Parkcliff Addition be approved and that the City Clerk be authorized to advertise for bids in the legal newspaper to be opened on Thursday, October 1, 1987 at the City Municipal Center at 11:00 a.m. All members voted yea. GREENSBORO 2ND ADDITION - CONTRACT #87-11 Councilman Smith moved, Councilman Ellison seconded the motion to approve Change Order No. 1 to Contract #87-11 covering street and utility improvements in Greensboro 2nd Addition. All members voted yes. 12 Council Minutes September 1, 1987 PARKS IMPROVEMENTS - CONTRACT #87-2 Change Order No. 1 to Parks Improvement Contract #87-2 was submitted covering Quarry, Carnelian and Blue Cross/Blue Shield Parks. Mr. Hedges reviewed the proposal and Wachter moved, Egan seconded the motion to approve Change Order No. 1 to Contract #87-2 in the amount of $18,015.00 with the understanding that further detailed information will be submitted to the City Council covering the Change Order at a later time. All members voted aye. GOPHER SMELTING - EXCAVATION PERMIT - EX-12-167 A permit application was received from Gopher Smelting Company for the grading of approximately 40 acres lying east of the Eagandale Center Industrial Park and north of Yankee Doodle Road. The proposed grading entails the regrading of a ponding area, Pond EP-2 and grading for the construction of future roadways. Mr. Ernie Peacock was present on behalf of Borchert-Ingersoll and Mr. Runkle explained the need to acquire access to the parcel just south of Borchert-Ingersoll and on the west side of Pond EP-2. Mr. Peacock requested the City provide access to the parcel on the west side, noting that it was landlocked, and the logical access would be to the south, across Gopher Smelting property, or to the west. No access was available, according to Mr. Peacock, and Councilman Smith questioned whether the City paid for the ponding easement in that location for Borchert-Ingersoll. Mr. Peacock noted that Barrel Reconditioning is interested in buying the 17 acres. vlachter moved, Egan seconded the motion to continue consideration of the request for the grading permit until September 15, 1987 regular meeting, because no plan had been submitted, and there is need to acquire access for the Borchert-Ingersoll property. All members voted yea. GOPHER SMELTING ASSESSMENTS - PROJECT #447 Upon motion by Smith, seconded Egan, it was resolved that the public hearing covering special assessments under Project #447 regarding Gopher Smelting Company property be continued to September 15, 1987 at 7:00 p.m. All voted aye. PATRICK ADDITION - BUILDING PERMIT A request was submitted by Mark Parranto for a building permit prior to final platting of Lot 3, Block 1, Patrick Addition. The City Council adopted a policy whereby building permits are not issued prior to final plat application and authorization and the only exception is for model homes. Mr. Parranto was present and stated that grading is complete and the lot is sold, and the request 13 Council Minutes September 1, 1987 could be considered the model home request. After discussion, Egan moved, Ellison seconded the motion to approve the request for model home permit, noting the hardship to proceed with the construction. All voted in favor except Wachter who voted against, noting the serious staff backlog. POLICE DEPARTMENT - DRUG ENFORCEMENT GRANT APPLICATION Police Chief Berthe and Captain Geagan were present to discuss with the City Council, a drug enforcement grant application. Captain Geagan indicated that the proposal was for 25% participation by the City and 75% by the Federal government. He explained some of the drug problems within the City, including arrests recently at the Bulk Mail Center. Five major Eagan felony cases are pending concerning drug dealers. He further noted that the Minnesota Narcotics Commission will distribute $3,000,000.00 and applications are being submitted at the present time for participation. A Joint Powers Agreement with the South Metro Task Force covering nine units of government with up to $15,000.00 payable by the City, was discussed. Egan questioned why Burnsville was making the application and it was indicated that Burnsville was the most appropriate City to do so at that time. There were also questions about the agent in charge and whether the Board will actually incur expenses and make decisions on the expenses. Wachter moved, Egan seconded the motion to approve the request for the application and entry into the Joint Powers Agreement because of the importance of drug control in the area. All members voted yes. COMPREHENSIVE PLAN AMENDMENT Dale Runkle described the approval by the Metropolitan Council for the Eagan Comprehensive Plan Amendment of 1987 but noted that the provisional and conditional uses within the noise corridor had been voluntarily sent through the Metropolitan Council. Also, the Metro Council representative claimed that the CPD District is a change and could impact the metro systems. The City's position is that they create no effective change because of the 8 CPD changes. There had been no resolution regarding that issue at that time. In addition, there had been considerable discussion concerning the airport section. 14 Council Minutes September 1, 1987 COMMUNITY DEVELOPMENT BLOCK GRANTS Mr. Runkle stated that Dakota County Commissioner John Voss, has recommended that County sponsored day care facilities be considered for low to moderate income families to allow single parents to get into the work force. County-wide involvement is being proposed and Apple Valley, Burnsville and Eagan under the Community Development Block Grant are being requested to consider their involvement. SPERRY - WATER RESERVOIR - CONTRACT #87-34 Formal bids have been received for repairing, cleaning and refinishing the Sperry water reservoir on August 31, 1987 and it was recommended that the bid of Rainbow, Inc. in the sum of $72,441.50 be approved and the contract be awarded as the low bidder. Egan moved, Wachter seconded the motion to approve the recommendation. All voted yes. CRAY RESEARCH, INC. - VACATION It was requested by Cray Research, Inc. that the City Council receive the petition to vacate utility easement for Lone Oak Addition and schedule a public hearing on October 6, 1987 at 7:00 p.m. at the Eagan Municipal Center. Ellison moved, Wachter seconded the motion to accept the request and to schedule a public hearing on October 6, 1987. All councilmembers voted affirmatively. EAGANDALE CENTER INDUSTRIAL PARK - CONTRACT #87-18 The bids have now been received for Eagandale Center Industrial Park street improvements under City Contract #87-18 and it was recommended that the contract be awarded to the lowest responsible bidder, Valley Paving, Inc. in the sum of $2~5l,267.59. Smith moved, Egan seconded the motion to approve the contract award to Valley Paving, Inc. All voted in favor. CEDAR CLIFF GALLERIA The City Administrator stated that the Advisory Planning Commission had delayed consideration of the Cedar Cliff Galleria project until its regular September 1987 meeting. He mentioned that the City traffic consultant had recommended that 14 issues be reviewed in the traffic study and that the cost would not exceed $5,500.00. He asked whether the City Council would order the study. There was discussion concerning the possibility of continuance until the October Planning Commission meeting to properly complete the traffic study and cover all other issues needed for complete review 15 Council Minutes September 1, 1987 - by the Planning Commission. Smith moved, Egan seconded the motion to authorize the preparation of the transportation study as proposed and request the developer to reimburse the City for the cost; in the event that the developer refuses to do so, that the study would then be terminated. All members voted in favor. CONTRACT SNOW REMOVAL - 1987-88 Tom Colbert recommended that the Council advertise for bids for main line snow removal on one main line road and one cul-de-sac for the 1987-88 as recommended. It was suggested that there be an option for bids to be based on two or three year contract. Egan moved, Wachter seconded the motion to authorize the advertisement for bids to include options covering 2 and 3 years, which bids will be received on September 29, 1987 at 10:00 a.m. at City Hall. All members voted yea. SERVICE ORGANIZATION MEMBERSHIPS A policy was prepared by City Administrator Tom Hedges for membership by City Department heads in local service organizations. A member of each department of the City is encouraged to belong to one service organization for which the City would reimburse the department head for all meeting related expenses and that social expenses incurred as a member of the club would be the responsibility of the employee. Egan moved, Wachter seconded the motion to approve the policy as submitted by the City Administrator. All voted aye. SPECIAL CITY COUNCIL MEETING Upon motion by Egan, seconded Wachter, it was resolved that a special City Council meeting be scheduled for Tuesday, September 8, 1987 at 7:00 p.m. to include review of the 1988 Budget. All members voted yes. THOMAS LAKE PARK - PARKING LOT - PROJECT #87-1 Mr. Colbert indicated that soil borings discovered soil problems in the Thomas Lake Park parking lot under Project #87-1 and recommended a Change Order No. 1 in the sum of $21,307.56 for Central Landscaping, Inc. Egan moved, Wachter seconded the motion to approve Change Order No. 1. All voted in favor. OPEN HOUSE There will be an open house for the City Maintenance Garage on September 17, 1987 from 4:30 to 7:30 p.m. 16 Council Minutes September 1, 1987 CHECKLIST Egan moved, Wachter seconded the motion to approve the following checklist dated September 1, 1987 in the amount of $841,968.80. All voted affirmatively. EXECUTIVE SESSION City Attorney Paul Hauge discussed with the City Council, the progress of the action entitled "O'Neil vs. City of Eagan" including the status of freeway zoning and the transportation study. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:35 p.m. PHH Cit lerk 17 Y• G f CITY OF EAGAN FINDINGS, CONCLUSIONS AND LEVY OF ASSESSMENTS FINDINGS 1. Project #411 was properly noticed, heard and approved by the City Council. Project #411 was heard originally on September 17, 1985 and at that time a written objection was submitted by Patrick McCarthy dated September 16, 1985 objecting to the special assessments for storm sewer purposes. The Eagan Special Assessment Committee considered the objections at its regular meeting on July 9, 1987 and recommended that the amount of the assessments be reduced to $50,000.00, based upon the appraisal that was prepared by Dahlen & Dwyer, Inc. dated February 5, 1985. 2. The Contract for Project #411 was properly noticed, bid and awarded by the City Council. 3. The total costs of Project #411, including construction, administration, legal, engineering, bond interest and miscellaneous costs were properly incurred by the City according to M.S.A. Chapter 429. 4. The total assessments against the property were proposed to be $60,680.12. 5. The property that is owned by Patrick McCarthy, Parcel No. 10-02200-011-04 is within the area benefited by Project #411 and the market value increase to the property was at least $50,000.00 as a result of the improvements. CONCLUSIONS 1. That the parcel proposed to be assessed has been specifically benefited at least the amount of the proposed assessment of $50,000.00. 2. That the proposed assessments are uniform across the same class of property. LEVY OF ASSESSMENTS Council hereby levies the proposed assessments against the parcel described above. MOTION Upon motion by Egan, seconded Wachter, the hearing was closed and the assessment roll adopted against the McCarthy property described above on September 1, 1987. Dated: September 1 , 1987. CITY COUNCIL By May r . Attest: Cit erk