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05/21/1986 - City Council Regular 00164 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MAY 21, 1986 A regular meeting of the Eagan City Council was held on Wednesday, May 21, 1986 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present were City Administrator. Hedges, City Engineer Colbert, Consulting Engineer Bob Rosene, City Planner Runkle and City Attorney Paul Hauge. AGENDA Ellison moved, Wachter seconded the motion to approve the Agenda as presented. All voted in favor. MINUTES The minutes of the regular meeting of May 6, 1986 were approved with the following revisions: Page 8, Sperry Corporation, Tax Increment Financing, Wachter voted no; page 17, City Hall Remodeling, $4,275.00 from the contingency; page 18, Auxiliary Copy Machine, $5,000.00 from the contingency. Wachter moved, Egan seconded the motion to approve the minutes as revised. All voted yea. 1985 ANNUAL FINANCIAL REPORT City Administrator Tom Hedges reported that the Finance Department has completed the annual financial report for 1985 and the document had been fully examined by Deloitte, Haskins & Sells, the independent certified public accountants for the City. A copy of the report was distributed to each of the City Council members for their review and Mr. Hedges introduced Mike Vinian of Deloitte, Haskins a Sells, who was present. He also noted that two other representatives of the Deloitte firm, as well as Gene VanOverbeke were present. Mr. Vinian indicated that there were no exceptions from the State Auditor's review and only a single audit report was left to be completed. He recommended a formal conflict policy be set up with respect to conflicts with interest, and suggested that an adequate fund balance be maintained because of the uncertainties of the tax laws, including the inter- governmental revenue distribution, and in a growing City such as Eagan, the need to have the contingency for insurance purposes is important. After review, Wachter moved, Egan seconded the motion to approve the 1985 annual financial report. All members voted yes. 1 Council Minutes May 21, 1986 0QJLGaS PUBLIC WORKS DEPARTMENT 1. Brian Lucas - Rahn Road Claim. A claim was made in letter form from Brian Lucas of 4395 Svensk Lane for damages resulting to his car from a pothole on Rahn Road. The claim will be forwarded to the Eagan liability insurance carrier. 2. Nicols Road - Project #460 - Construction Schedule. Public Works Director Tom Colbert discussed with the City Council the proposed-upgrading of Nicols Road which had been approved for construction in 1986. He discussed the potential for delaying construction until 1987 with a savings of approximately $40,000.00 due to an increased construction allocation from the Municipal State Aid Street-fund. He further indicated that Eagan will lose approximately $39,000.00 from the 1987 anticipated State Aid allocation due to revenue shortfalls, and requested direction whether to delay the project. Councilmembers discussed the issue and the implications of delay, including inflation factors, and after discussion, Smith moved, Wachter seconded the motion to reaffirm the construction schedule for Project #460 with a 1986 construction schedule as directed by the Council. All counciimembers voted yes. CONSENT AGENDA The following consent agenda items were presented to the Council for approval and recommended that they be implemented: 1. Contractors Licenses. A list of contractors whose applications had been submitted for licenses, including swimming pool, water softener, masonry, cement work, heating and ventilating, plumbers and general contractors was recommended to be approved. 2. Personnel Items. a. Seasonal Workers - Park Department. It was recommended that the following workers be hired as seasonal workers in the Park Department during 1986, including Kevin Doehling, Peter Ellinson, Steven Helland, Steven Martin, Hugh Peterson, James Schovid, John VonBank and Tom Parker, and that Charles Barker be hired as a seasonable ball field attendant. b. Engineering Tech Intern/Assistant. It was recommended that Charles Folch be hired to fill the temporary seasonal position as Engineering Tech Assistant in the Parks Department. c. Resignation - Road Maintenance Worker. It was announced that Robert J. Shockley, road maintenance worker, intends to retire effective May 30, 1986 and it was recommended that the Council accept the resignation and to approve the filling of the vacant position. 2 Council Minutes 001G6 May 21, 1986 3. Project #468 - Rahncliff Addition - Trunk Water Main. The feasibility report for Project #468 has been submitted and it was recommended that it be received and that the Council authorize the preparation of plans and specifications by the consulting engineer. It was noted that the area benefited had previously paid its trunk area assessments, and no public hearing is required. 4. Greensboro Addition - Contract #86-14. The bids have been received for Greensboro Addition under Contract #86-14 and it was recommended the low bidder, Ceca Utilities, in the sum of $242,739.60, be awarded the contract. 5. Northview Meadows 2nd Addition - Project #475. The feasibility report for Project #475 consisting of Daniel Drive street and utility improvements in Northview Meadows 2nd Addition had been completed and it was recommended that the report be received and the public hearing be scheduled for June 17, 1986 at 7:00 p.m. at the Eagan Municipal Center. 6. Eagandale Center Industrial Park - Project #458. The assessment roll for the Eagandale Center Industrial Park Project #458 has been prepared and it was recommended that the Council receive the roll and order the final assessment hearing to be schedule for June 17, 1986 at 7:00 p.m. at the Eagan Municipal Center. 7. West Service Road - Project #471 - Assessment Roll. The storm sewer assessment roll for the West Service Road under Project #471 has been prepared and it was recommended that the roll be received by the Council and that the final assessment hearing be scheduled for June 17, 1986 at the Municipal Center starting at 7:00 p.m. 8. Winatree 7th Addition - Project #478. A petition has been received from the developers of the proposed Windtree 7th Addition requesting a feasibility report for streets and utilities. It was recommended that the petition be accepted and that the consulting engineers be authorized and directed to prepare a feasibility report for the project. Egan moved, Ellison seconded the motion to approve all of the foregoing consent agenda items as presented and authorize their implementation. All voted in favor. POLICE DEPARTMENT Police Chief Jay Berthe appeared and answered questions of the City Council and reviewed the accident at Blackhawk and Cliff Road regarding ambulance response time. 3 Council Minutes 00167 May 21, 1986 EAGANDALE LeMAY LAKE 2ND ADDITION - PROJECT #474 HEARING Mayor Bea Blomquist convened the public hearing regarding Project #474 consisting of the street and utility improvements in Eagandale LeMay Lake 2nd Addition. Tom Colbert introduced the project and consulting engineer Bob Rosene described the feasibility report in some detail. There were no objections to the project and there was discussion concerning the proposed sidewalk on the west side of Eagandale Place. Councilmembers inquired as to the feasibility of assessing property on the east side of Eagandale Place in the event that the sidewalk is not placed in that location. After review, Wachter moved, Egan seconded the motion to close the public -hearing, to approve Project #474 and authorize the preparation of plans and specifications with the understanding that the staff attempt to acquire an agreement from the owner of the Eagandale LeMay Lake 2nd Addition property for assessment of the westerly sidewalk and in-the event that the owner is unwilling to absorb the assessment for that portion of sidewalk, that a new public hearing be scheduled to notice the appropriate owners. All voted in favor. SPERRY - TAX INCREMENT FINANCING The Mayor then convened the public hearing regarding consideration and review of the Sperry tax increment financing plan. City Administrator Hedges reviewed with the Council the cost breakdown for the project, including improvements of $665,318.00 with $34,682.00 which could be applied toward engineering and administrative expenses. All projects that are financed by the use of tax increment bonds must be publicly bid by the City, according to Mr. Hedges. Jerry Tank of Sperry was present. Councilman Wachter indicated he does not favor tax increment financing. Smith moved, Egan seconded the motion to close the hearing with final action to be taken at the June 17, 1986 City Council meeting to adopt the development plan of tax increment financing for the Sperry project. It was noted that no action will be taken until after the 30 day review period by Dakota County and the Independent School District #197. All councilmembers voted yea. DEERFIELD ADDITION - PRELIMINARY PLAT The application of Charles Henrich for preliminary plat approval of Deerfield Addition on a 40 acre parcel consisting of the Eagan 40 Planned Development, intended to contain 324 apartment units came to the Council for consideration. At the May 6, 1986 Council meeting, action was taken to extend the Eagan 40 Planned Development Agreement for a period of three years, according to the Agreement. In addition, the Council directed further review of the proposed layout, and expressed several concerns including the density of the development and the proposal for a revised site plan. Jim Hill, John Pope, Dan Dolan, - and Charles Henrich were present as was David Sellergren, attorney for the developer. Mr. Sellergren reviewed the background and indicated that two buildings had now been moved to the north of Deerfield Road, according to the most recent plan. He submitted a number of graphic illustrations including one reflecting the amount of area that will not be graded south of Deerfield Road. 4 Council Minutes Oo Gv May 21, 1986 lit v He indicated the land coverage is about 9% on the entire parcel, and that the tennis courts have been moved to the south side of Deerfield Road. A graphic was shown comparing the proposea buildings indicating one-third the size of the footprint of the LeMay Lake 2nd Addition apartment buildings. Underground parking is planned. Mr. Runkle reviewed the revisions to the plan and noted there were additional conditions with no objections from the developer, including installation of the sidewalk. City Attorney Paul Hauge was asked whether the 3 - 2 -vote for the extension of the planned development was adequate and he stated that in his opinion that the vote at the May 6, 1986 meeting was adequate to confirm the extension of the planned development, including the agreement. Councilman Smith was concerned that the fill material will be compacted adequately for the construction of the buildings on the site. Mr. Sellergren stated that trees coula be installed from 10 to 15 feet in height and the landscape plan will be submitted for approval by the staff. Smith then moved, Wachter seconded the motion to approve the application with the following conditions: 1. The layout submitted by the developer at the May 21, 1986 regular meeting shall be the layout that will be approved for development, and also the limitation on the number of units. 2. The developer shall comply with all standard engineering recommendations which apply. 3. The developer shall do the necessary grading at the southwest corner of Thomas Lake Road and Diffley Road to provide for a minimum of a 400 foot site distance. 4. If the utilities are installed under a public contract, then Council must authorize the project before final plat approval. 5. This development shall dedicate the following right-of-way widths: a. 65 feet half right-of-way for Diffley Road. b. 80 feet full right-of-way for Thomas Lake Road. c. 66 feet full right-of-way for Deerfield Road. 6. This development shall be responsible for dedicating a minimum of 20 foot width utility easement for water main and 30 feet utility and drainage easement for sanitary and storm sewer not within public right-of-way. 7. The development shall be required to obtain the necessary permits and approvals from the following: a. MPCA - Sanitary sewer extension permit. 5 Council Minutes May 21, 1986 OOI69 b. Minnesota Dept. of Health - Water main approval. c. Dakota County - Grading within right-of-way permit. d. Williams Brothers Pipeline - Grading within easement permit. 8. This development will be responsible for its trunk area storm sewer, future street upgrading, multiple equivalent assessments, and trailway assessments at the rates in effect at the time of final platting. 9. This development shall be responsible for all costs of installing the internal public streets and utilities. 10. A time extension be granted to the original 10 year P.D. Agreement for enough time to complete the project. (The original Agreement had an option to request 2 three year extensions). It. An Environmental Assessment Worksheet (EAW) be prepared and submitted for staff review prior to the issuance of any building permits. 12. The garage shall be included in the rental unit price if only 2 stalls per unit are provided with the project. 13. The developer shall provide a cash dedication in accordance with standard requirements, in addition to dedicating a trailway along the south side of Diffley Road. 14. A detailed landscaping plan shall be submitted including a bond which shall not be released less than one year after landscaping is completed. 15. Because the PD provides a total of 338 units of which 322 are now being used, the parcel east of Thomas Lake Road shall be developed as a residential parcel with no more than 16 units. 16. This development shall be responsible for the construction of a five foot concrete sidewalk along Deerfield Road. 17. This development shall extend all storm sewer outlets to an elevation of 900 for Phase 1, and 902 for Phases 2 and 3. 18. This development shall be responsible for constructing a positive gravity storm sewer outlet under Phase I from the depression, as shown by the 900 contour line to the existing storm sewer within Thomas Lake Road. All voted yes. SEE PLAT FILE EAGANDALE OFFICE PARK 3rd ADDITION - PLAT CONFIGURATION An application for reconsideration of plat configuration for Eagandale Park 3rd Addition had been submitted by Opus Corporation. At the request of the applicant, upon motion by Wachter, seconded Egan, it was resolved that the reconsideration of the plat be continued until the regular meeting on June 17, 1986. All members voted yea. 6 Council Minutes May 21, 1986 00170 CURTIS JOHNSON - OFF-SALE LIQUOR LICENSE An application of Curtis Johnson for off-sale liquor license in the Town Centre 70 Shopping Center was submitted for consideration. Mr. Johnson was not present and it was noted that the Council will consider the potential revision to the off-sale liquor policy at its regular June 17, 1986 meeting. Smith moved, Ellison seconded the motion to continue consideration of the application to the June 17, 1986 meeting, after consideration of the revision to the Ordinance. All councilmembers voted-affirmatively. JAMES UNKER - CLEARVIEW ADDITION - VARIANCE An application of James Unker for 25 foot variance from 50 foot setback requirement for Lot 10, Block 3, Clearview Addition, came to the Council. At the request of the applicant, Egan moved, Wachter seconded the motion to continue the consideration of the application. All voted yes. HUTTNER CONSTRUCTION, INC. - HILLCREST ADDITION - VARIANCE An application of William Huttner Construction, Inc. for variance of 9.5 feet on Lot 1, Block 3, Hillcrest Addition was brought to the Council for its consideration. Dale Runkle described the application and indicated that notices had been sent to all owners within 200 feet. There were no objections. Wachter moved, Egan seconded the motion to approve the application, subject to compliance with all other City Code requirements. All members voted yea. CORPORATE CONSTRUCTION - VARIANCE - BIRCH PARK ADDITION The application of Corporate Construction, Inc. for 12.2 foot variance from 40 foot side yard setback requirement along public street for Lot 1, Block 1, Birch Park Addition was brought to the Council. Dale Runkle, the City Planner, briefly reviewed the application and there were no objections. He indicated the site line had been established along Denmark at 30 feet and there is a question as to whether the variance would be 2.2 feet or 12.2 feet. Smith moved, Ellison seconded the motion to approve the application, subject to compliance with all City Code requirements, noting the hardship involved and the fact that the setback site line had been established with the construction of other homes along Denmark. All voted in favor. ON-BELAY - CONDITIONAL USE PERMIT a REZONING The application of On-Belay of Minnesota, Inc. for rezoning from R-1 to LB (Limited Business) for a 24-hour Adolescent Chemical Dependency Rehabilitation Center in the former Peace Reformed Church on Nicols Road next came to the Council. In addition, a conditional use permit application was submitted. The Advisory Planning Commission at its meeting on April 22, 1986 considered 7 Council Minutes 001LA May 21, 1986 the applications and recommended denial. Mayor Blomquist indicated that the time would be limited for the presentation of the zoning and conditional use issues, noting that a public hearing had been held before the Planning Commission with a great deal of information submitted. City Administrator Hedges introduced the project and Dale Runkle reviewed the proposal, including the layout, the existing zoning, and the action of the Advisory Planning Commission. Judy Lewis, Director of operations, introduced John Cross who made a presentation for the applicant. He stated that there would be good access, the two acre site is ample, there would be plenty of parking, there would be recreational space inside the fire resistant building, and there would be adequate fire exits. He stated the comprehensive plan would appear to favor the proposed use of the site and the 24-hour service is similar to other service uses such as hospitals. A large number of neighboring owners were present primarily objecting to the application, including Dennis Lodge, who submitted a petition signed by approximately 460 area residents. He stated there would be environmental problems, there would be an expected decline in property values and recommended that the applicant find another more appropriate location for the site. Councilman Smith stated he would not support a more extensive use other than a church at that location, and Smith-then moved, Wachter seconded the motion to deny the application, based upon the reasons including the following: 1. The Minnesota Legislature has clearly intended that State licensed residential facilities be permitted single family uses if they serve 6 or fewer persons in a single family residential district, and also have directed municipalities to allow as permitted uses State licensed residential facilities serving 7 through 16 persons as permitted multi-family residential uses for purposes of zoning. The subject application does not comply with the intent of the Legislature to allow such uses within residentially zoned areas, in that the application provides for a 48-bed facility, substantially exceeding the Legislative intent within residential districts. 2. Single family residential uses surround the subject property on three sides with Public Facility uses on the west side of Nicols Road and it would appear that Limited Business use would not be a desirable use in that location. 3. It is understood that the applicant is a Minnesota for-profit corporation and without rezoning, the property would not be allowed to operate its facility in the existing Peace Reformed Church building, in the event that the parcel is construed to be a non-conforming public facility use. 4. Nicols Road adjacent to the parcel and to the west, has been down- graded from a County Road to a City Street, with the understanding that the traffic count has been substantially reduced after the opening of new Cedar Avenue (County Highway #77) directly to the west, and the intent of the City and the neighboring uses to retain primarily a residential character for Nicols Road. 8 Council Minutes May 21, 1986 OCJL72 5. If the use were changed to a Limited Business use, necessitating a business land use designation, it would cause a substantial revision in the character of the neighborhood and potentially allow uses within the Limited Business category including both permitted and conditional uses described in Eagan Code, Section 11.20, Subd. 9. 6. The proposal is for a 24 hour use whose intensity is greater than in Limited Business use areas. 7. Should the property be rezoned to Limited Business, it is possible that future uses in the event of the abandonment of the On-Belay facility, would have to be permitted even though they may be seriously incompatible with the primarily residential area. See Comprehensive Guide Plan, City of Eagan, 1980, page iv-13. 8. There has been a great deal of neighborhood concern regarding the lack of compatibility of the proposed On-Belay Center with the primarily residential neighborhood, as evidenced by the response from the neighbors and the opposition in the form of Petition(s) submitted opposing the proposed use, including objections regarding traffic, safety, economic impact on the neighborhood, etc. 9. In addition, the Land Use Guide at pages IV-1 and IV-2 provides a flexibility, or that the plan should be flexible or should serve as a guide and should possess a degree of flexibility but "the burden of proof and justification should be the responsibility of the person or persons proposing the revision". It is the determination of the Planning Commission that although a public hearing on the revisions of the Comprehensive Guide Plan has not taken place, that the applicant has not sustained the burden of proof, that there should be a revision in the use of the property to a Limited Business character. 10. The availability of an existing facility that could house a rehabilitation center with some revisions to the structure, should not of itself constitute the basis for amending the zoning to allow a use that may not be compatible with the neighborhood. 11. The existing Peace Reformed Church structure could potentially be used for a church or related facility and therefore, the City's action in denying the applications does not deprive the owner from an adequate use of the existing facility. 12. Information received by the City through the Dakota County Social Services indicates that the proposed chemical dependency type of unit is a very competitive type use and the fee schedule may make the proposal financially unstable. Councilman Wachter explained why the property had not been rezoned at the time of construction of the church and Mayor Blomquist stated that the use would be inappropriate at that location. Councilman Egan mentioned that he was not opposed to the use, but noted that it was the wrong location in the middle of a highly developed residential area. Ellison also supported the motion and Roger Storms of Peace Reformed Church had questions about the future uses for the parcel. All councilmembers voted in favor. 9 Council Minutes 00 73 May 21, 1986 y T. E. M. ADDITION - PRELIMINARY PLAT *x REZONING The application of Thomas Murr for preliminary plat approval of T.E.M. Addition consisting of 3 single family lots on 3.6 acres and rezoning from A (Agricultural) to R-1 (Single Family) for property located on Golden Meadow Road, on the north side of Schwanz Lake next came before the Council. The Advisory Planning Commission held a public hearing at its meeting on April 22, 1986 and recommended approval subject to conditions. The Park Committee had reviewed the application and it was noted that land had been donated for park purposes at an earlier time. Wayne Cordes and Mr. and Mrs. Murr were present and there were no objections. They indicated that two buyers were anxious to build on the empty lots. Wachter moved, Ellison seconded the motion to approve the application, subject to the following conditions: 1. All standard plat conditions shall be adhered to. 2. This development shall dedicate a 30 foot half right-of-way for Golden Meadow Road. 3. This development shall be responsible for the trunk area storm sewer assessment that the City gave credit for under the large lot policy at the rates in effect at the time of final platting. 4. Septic tanks will not be allowed and all lots shall be connected to the City sanitary sewer. All members voted affirmatively. SEE PLAT FILE WINDTREE 7th AND 8th ADDITIONS - PRELIMINARY PLATS The application of Richardson Properties for preliminary plat approval of Windtree 7th and 8th Additions on Wescott Road near Elrene Road, came next to the Council for its review and consideration. The plats would consist of 74 single family lots on 35.4 acres. Mr. Runkle indicated that all lots meet minimum requirements and also stated that there had been a concern by representatives of West Publishing Company regarding notice to future lot buyers about the potential for industrial expansion of West Publishing to the east. A representative of West Publishing was present at the meeting. After discussion, Egan moved, Wachter seconded the motion to approve the application, subject to the following conditions: 1. The developer/owners shall include in their sales material, and notify all purchasers of lots, near the West Publishing Company property, that there will be future industrial expansion on the West Publishing site. 2. The applicant shall revise the grading plan to suit 2% grade for 100 feet at street intersections with the exception as noted in report. 10 Council Minutes May 21, 1986 00174 3. The City shall approve all phasing plans. 4. This development shall be responsible for a 5 foot concrete walkway along Wescott Road. 5. This development shall dedicate a 50 foot half right-of-way for Wescott Road and a 40 foot half right-of-way for Eirene Road. 6. This development shall dedicate a ponding and utility easement for JP- 18 to encompass the 871 high water level and a minimum 20 foot utility easement over any storm sewer line not built within City right-of-way. 7. This development shall be responsible for trunk area storm sewer and lateral benefit from trunk water main assessments at the rates in effect at the time of final platting: 8. All costs of internal public improvements within this development shall be the sole responsibility of this development. 9. The minimum lot size of 12,000 square feet with 85 foot widths at the front setback shall be adhered to. 10. All conditions that were imposed on the first phase of Windtree shall be adhered to. All voted yea. SEE PLAT FILE BLACKHAWK PLAZA - PRELIMINARY PLAT EXTENSION The application of Norse Development Company, by Peter Stalland, for an extension of one year for the Blackhawk Plaza preliminary plat was next considered. Mr. Stalland was present and indicated that he had received a letter from the Minnesota Department of Transportation permitting a right- turn-in/right-turn-out access at a location described by the MnDOT. Egan moved, Ellison seconded the motion to approve the application for a one year extension as requested. All voted in favor. GROUP W CABLE SYSTEM - TRANSFER OF OWNERSHIP Mr. Hedges stated that Group W Cable of Burnsville/Eagan, Inc. has requested the consent of the cities of Burnsville and Eagan to transfer the ownership and control of Group W to a group of five buyers (Transaction #1), and the transfer of ownership and control and ultimate transfer of the Cable Communications Franchise Ordinance to North Central Cable Communications (Transaction #2). Under the Franchise Ordinance, Group W is obligated to receive the City's approval for both transactions. Ralph Campbell, the Cable Administrator, was present as was Jim Commers from Group W Cable. 11 Council Minutes May 21, 1986 401,75 Mr. Wachter indicated that he opposed City ownership of the franchise and Mr. Campbell stated the Commission is reviewing several options. The Cable Commission has recommended approval of the first transaction and denial of the second transaction. Also, Rick Bertz, the Chairman of the Joint Commission was present and reviewed the current status and recommended denial of the second transaction because Mr. Hauser has not submitted adequate financial information concerning his ability to operate the system. Smith then moved, Egan seconded the motion to approve Transaction #1, involving the sale and transfer of 100% of Westinghouse Broadcasting and Cable, Inc. stock to a group of 5 buyers. All members voted yes.- Egan then moved, Smith seconded the motion to accept the recommendation of the Cable Commission to deny Transaction #2 involving the transfer of Group W Burnsville/Eagan, Inc. to North Central Cable Communications, L. P. for the reasons described above. All voted in favor. R 86-36 ON-SALE LIQUOR LICENSE AMENDMENT A proposed draft Ordinance amendment to City Code, Section 5.01 and 5.52 regarding liquor license restrictions and regulations providing for 18 on-sale licenses with the 9 remaining licenses to be distributed to qualified applicants, according to the Ordinance. There was discussion about the potential for change of the licensees for some of the existing licenses and no specific action was taken regarding those future changes. Egan moved, Smith seconded the motion to approve the proposed draft Ordinance as presented. All voted in favor. SKID LOADER CONTRACT The bids for the Parks Department skid loader were received on March 16, 1986 and the Parks Department has recommended that the low bidder, namely Tri State in the sum of $25,030.42 be approved. Ellison moved, Smith seconded the motion to approve the Tri State bid in the sum of $25,030.42. All voted in favor. WESCOTT ROAD - CONTRACT #86-13 The plans and specifications for Contract #86-13 including street improvements for Wescott Road were submitted and it was recommended that the plans be approved and that the Clerk be authorized to advertise for bias to be opened at 10:30 a.m. on Friday, June 13, 1986 at the Eagan Municipal Center. Wachter moved, Egan seconded the motion to approve the recommendation and order its implementation. All voted in favor. 12 Council Minutes 001 r6 May 21, 1986 EAGANDALE LeMAY LAKE 2ND ADDITION - CONTRACT #86-16 Egan moved, Smith seconded the motion to approve the plans for Contract #86-16 consisting of Eagandale LeMay 2nd Addition street and utility improvements ana to authorize the Clerk to advertise for bids for the formal bid opening to be held on Friday, June 13, 1986 at the City Hall at 10:30 a.m. All voted yea. SPERRY CONSOLIDATION FACILITY - CONTRACT #86-17 Plans were prepared by James R. Hill Associates for improvements on the proposed Sperry Consolidation facility and have been completed and were submitted to the Council. -Upon motion by Ellison, seconded Smith, it was resolved that Contract #86-17 plans be approved and that a formal bid opening be scheduled on Friday, June 13, 1986 at 11:00 a.m. at the Eagan Municipal Center. All voted yes. HOLLAND LAKE STORM SEWER OUTLET - PROJECT #444R On August 6, 1985, a public hearing was held concerning the proposed trunk area storm sewer improvements, including lift station in the Holland Lake area around Cliff Road. Since that time, a special assessment policy was adopted creating a special rate for storm sewer assessments over undeveloped regional parks, and the staff has been requested by the County to be removed from any consideration for the storm sewer project. Upon motion by Wachter, seconded Egan, it was resolved that the revised feasibility report for Project #444R be received and that a public hearing be scheduled for June 17, 1986 at 7:00 p.m. at the Eagan Municipal Center. All voted affirmatively. GUN CLUB LAKE WMO BUDGET APPROVAL Tom Colbert submitted to the City Council a proposed budget for the Gun Club Lake Water Management Organization. He indicated a Joint Powers Agreement entered into between Eagan, Inver Grove Heights and Mendota Heights provided for a budget based upon certain criteria, including area of each City within the organization. Smith moved, Eagan seconded the motion to approve the 1986 and 1987 budget for the Gun Club WMO and authorize the City Clerk to forward Eagan's share according to the request. All councilmembers voted yes. HAMPTON HEIGHTS - PLAT CONFIGURATION The Public Works Director reviewed with the City Council three issues regarding the configuration of the final plat for Hampton Heights Addition. The first issue had to do with the stub street to the east boundary line of Pacific Avenue, noting that the final list of conditions inadvertently omitted the requirement of construction of a full temporary cul-de-sac similar to other subdivisions. Mark Parranto was present and indicated that he will 13 Council Minutes May 21, 1986 00i77 attempt to acquire an area for a cul-de-sac on the Harry Lemieux property but was uncertain whether he would be able to do so. He further mentioned that certain lots had been sold that abutted that extension of Pacific Avenue and it would be virtually impossible to revise the plat at the present time. The next issue related to lot configuration and noted that Dr. Hay, the fee owner of the parcel to the north consisting of Outlot A, desired to divide it into two separate portions, including one Outlot for the pond area. It was recommended by the staff that the City not accept two Outlots. The third issue related to the two locations on the plat than would exceed the 8% street grades and Mr. P~irranto stated that following direction of the Council, that a minimum amount of grading take place, that it would be impossible to revise the street grades satisfactorily. After discussion, Smith moved, Egan seconded the motion to approve the proposal for stub street with the understanding that Mr. Parranto will attempt to acquire land from Harry Lemieux for a cul-de-sac, that the outlot configuration for Outlot A provide for a single outlot with future dedication of easement for the pond and including the understanding that the easement for additional road right-of-way be acquired, or in the event that the staff is unsuccessful in negotiating those alternatives, that two outlots would be allowed by the Council; and further to allow the 10% street grades due to the terrain factors as requested. All councilmembers voted yes. VICTOR STAFF - PROJECT #411 - EASEMENT ACQUISITION It was recommended by the staff that the City Council approve an agreement that had been tentatively proposed between Victor Staff and the City providing for the payment of $3,080.00 for pond easement in return for dismissal of the civil action and of the assessment appeal by Mr. and Mrs. Staff covering Lot 5, Block 1, Skovdale 2nd Addition. Wachter moved, Egan seconded the motion to approve the recommendation and authorize the settlement. All voted yes. UTILITY DIVISION - SEASONAL WORKERS Upon motion by Wachter, seconded Smith, it was resolved that the following Utility Division seasonal workers be hired: Mark Dornseif, Blaine Robertson, Richard Robohm and Andrew Dornseif. Councilman Smith recommended that relatives not be hired in the same department in the City. All voted yes. SPECIAL FINANCE COMMITTEE MEETING A special Finance Committee meeting was scheduled for May 29, 1986 at 11:30 a.m. at the Eagan City Hall. 14 Council Minutes oO ~,y8 May 21, 1986 1 BOARD OF EQUALIZATION REVIEW The Board of Equalization Review is scheduled for 6:30 p.m. on May 28, 1986 at the Eagan Municipal Center. VOLUNTEER RECOGNITION DAY Smith moved, Wachter seconded the motion to schedule the Volunteer Recognition Day for June 14, 1986 and also the presentation of City pins to the volunteers. All voted yea. - - Q PETROLEUM - NICOLS ROAD Dale Runkle reported on a request of the operators of Q Petroleum on Nicols Road, whether in the event that the station is totally destroyed by accident, would the City allow the station to be rebuilt without service bays. Smith moved, Egan seconded the motion that under current circumstances, the City Council would allow the owners to rebuild without service bays, with the understanding that the Council cannot bind future City Councils. All voted in favor. EAGAN AIR QUALITY COMMITTEE Tom Colbert reported on the meeting of City staff and representatives of the Metropolitan Waste Control Commission regarding oaors from the MWCC Blackaog plant. It was recommended that the staff send letters to property owners in the general area and request that up to 15 persons be appointed to the Eagan Air Quality Committee. ACCESSORY HOUSING ORDINANCE PROVISION Councilman Smith was concerned about the need for an accessory housing ordinance and the Council requested that the staff provide a craft for such an ordinance with parking provisions a special concern. ROBERT O'NEIL VS. CITY OF EAGAN City Attorney Paul Hauge discussed the results of a meeting held, including Mr. and Mrs. Robert O'Neil and their representatives, together with City staff and consultants at the City Hall on May 19, 1986. It was proposed that an informal letter of understanding be entered into between the attorneys for each party, providing for an informal stay of the legal proceedings, during which time the City will proceed with the Comprehensive Guide review. After discussion, Smith moved, Egan seconded the motion to approve the recommendation and authorize the informal agreement. All voted in favor. 15 Council Minutes May 21, 1986 00,.79 CHECKLIST Upon motion by Egan, seconded Ellison, it was resolved that the checklist dated May 21, 1986 in the amount of $2,948,331.43 be approved, All voted yes. dated April 23, 1986 in the amount of $8816.30 and dated April 30, 1986 in the amount of $330,777.08 ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:50 p.m. All voted yea. P HH Cit lerk 16