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10/18/1983 - City Council Regular 00297 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA OCTOBER 18, 1983 A regular meeting of the Eagan City Council was held on Tuesday, October 18, 1983 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Public Works Director Colbert, Consulting Engineer Rosene and City Attorney Hauge. AGENDA Smith moved, Thomas seconded the motion to approve the Agenda as pre- sented. All voted yea. MINUTES October 4, 1983. Wachter moved, Egan seconded the motion to approve the Minutes as prepared. All voted yes. 1983 G 0 BOND SALE City Administrator Tom Hedges proposed to the Council that it authorize a Resolution to establish a bond sale for Wednesday, November 30, 1983. Ernie Clark of Miller & Schroeder, financial consultants, was present and discussed the bond market. Mr. Hedges stated that the exact amount of the proposed bond issue has not been determined because of some contracts proposed to be in- cluded that have not been awarded at the present time. Smith moved, Thomas seconded the motion to adopt a Resolution to authorize a general obligation bond sale for the purpose of financing miscellaneous public improvements in the amount of approximately $5,000,000.00 for November 30, 1983 at 12:00 noon with the exact amount to be included in the Resolution; further, that a special council meeting to be scheduled at 5:00 p.m. on November 30, 1983 at City Hall to consider the bids for the bond issue. All voted yes. SEE BOND FILE PARK AND RECREATION DEPARTMENT - SPECIAL COUNCIL MEETING Mr. Hedges discussed with the Council the need for a special meeting to discuss the Park Master Plan and funding for the implementation of the plan, together with other issues, including the utility budget and tax increment financing. No specific date was set. 1 00298 Council Minutes October 18, 1983 CONSENT AGENDA The following consent agenda items were presented for approval: 1. Contractor's Licenses. The chief building inspector recommended the approval of nine contractors under Ordinance 6.42 for contractor's licenses according to the schedule attached to the packet. 2. Conditional Use Permit Renewals. The staff recommended approval of three conditional uses including Montessori Child Care Center - Mary Schmdit, Dakota Homes and Orvilla Homes. 3. Kennel Licenses. A schedule of kennel licenses for 1983 was pre- sented to the Council and recommended for approval, including William Abel, Arlene Allan, John Clarey, Janice MacKimm and Don Sandberg. 4. 1984 Beer and Liquor License Renewals. A schedule of on-sale beer, off-sale beer, club license, on-sale liquor, off-sale liquor and wine license applications was presented to the Council for renewal purposes. Staff recom- mended approval of each of them according to the schedule attached to the packet. 5. Lone Oak Road - Trunk Highway #55 - Project #391. The feasibility report has been received for Project #391 consisting of Lone Oak Road, Trunk Highway #55 trunk watermain. It was recommended the feasibility report be accepted and the Council schedule a public hearing for Project #391 for Novem- ber 15, 1983 at 7:00 p.m. at the City Hall. 6. Change Order #1 - City Hall Parking Lot - Sewer. Change Order #1 to Contract #83-11 consisting of the sanitary sewer service installation and also for installation of parking lot for the new municipal building, sanitary sewer services to the existing City Hall facility and installation of parking lot for the Municipal Building, was recommended to be approved in the total amount of $58,028.35. 7. 1984 License Renewals. The schedule of miscellaneous regulatory license renewals was presented by the City Clerk's office and was recommended for approval, a copy of which is attached to the packet. 8. Rubbish Haulers Licenses. It was recommended that Rubbish Haulers license applications submitted for renewal to the City Clerk be approved with the exception, however, of the Fournier Rubbish Removal service at 1305 Yankee Doodle Road. 9. 1983 Seal Coating Project - Contract #83-10. It was recommended that final payment for the Contractor be approved for Contract #83-10 consisting of the 1983 seal coating project in the sum of $4,520.22 and be paid to Allied Blacktop and the project be accepted for perpetual maintenance. 2 00299 Council Minutes October 18, 1983 10. 1984 Consulting Engineering Schedule. The consulting engineering fee schedule submitted by Bonestroo, Rosene, Anderlik & Associates to be effective January 1, 1984 was recommended for approval by the staff. Wachter moved, Egan seconded the motion to approve the foregoing consent agenda items and order their implementation. All voted in favor except Thomas who abstained as to the on-sale beer license and wine license for the Diamond T Ranch. Councilman Egan requested the staff determine whether the William Kreitz rubbish trucks are being stored in a residential or an industrial area. Wachter moved, Smith seconded the motion to continue the application of the Fournier Rubbish Removal service until the conditions imposed by the City Council on the clean up of the Fournier-Cliff Road property is completed to the staff's satisfaction. All voted yes. BLACKHAWK AND CLIFF ROADS INTERSECTION Councilman Wachter suggested that additional signage be installed at the intersection of Blackhawk-Galaxie and Cliff Roads due to the extremely dan- gerous condition in that intersection. Wachter moved, Egan seconded the motion that the Council authorize a resolution be forwarded to the Dakota County Highway Department requesting appropriate signage, including the lower- ing of speed limits, at the intersection of Blackhawk Road and Cliff Road, due to the increase in traffic and the hazardous conditions resulting from the overpass construction of I-35E. All voted yea. TAX INCREMENT FINANCING - FISCAL CONSULTANT Mr. Hedges stated that he has interviewed a number of fiscal consulting firms proposed to be engaged by the City to review the tax increment financing being proposed for the race facility site. His recommendation, after having numerous contacts and interviews, was Evanson Dodge, with the understanding that the applicant for the tax increment financing will cover the cost of the fiscal consultants. Smith moved, Egan seconded the motion to approve the recommendation. All voted in favor. SUNCLIFF 1ST ADDITION - PROJECT #388 Mayor Bea Blomquist convened the public hearing concerning Project #388 regarding streets and utilities in Suncliff 1st Addition. Mr. Colbert intro- duced the project and Consulting Engineer, Bob Rosene, detailed the prelimi- nary report. After explaining the details of the project, there being no objections, Wachter moved, Thomas seconded the motion to close the hearing, to order in the project and authorize the preparation of the plans and specifica- tions. All voted in favor. 3 Council Minutes 0()300 October 18, 1983 OVERHILL FARM ADDITION - STREET IMPROVEMENTS - PROJECT #332B The next public hearing convened by the Mayor concerned Project #332B consisting of the final assessment hearing for Overhill Farm Addition, street improvements. Mr. Colbert explained the assessments being proposed in the total sum of $53,300.00. Representatives of the developer were present and there were no objections. Egan moved, Wachter seconded the motion to close the hearing and to approve the assessment roll and authorize the roll to be certified to the County Auditor to be spread over 5 years at 10% interest. All voted yea. NATIONAL ADVERTISING COMPANY - ADVERTISING SIGN The application of National Advertising Company for conditional use permit for outdoor advertising sign was presented to the Council. After introduction by Mr. Hedges, he reviewed the background of the application indicating that it had first been submitted to the Planning Commission in July of 1983 and recommended for approval, provided that it comply with the sign ordinance requirements. The application had been continued several times, and Mr. Hedges also indicated that he had been contacted by the applicant, indi- cating that it was going to ask for reconsideration of the advertising sign application at Highway #494 and #55. He stated that attorney Jerry Brill had contacted him late in the afternoon of October 18 and had suggested that the Federal Highway Beautification Act may apply to the overall area of the signage and preempt the City ordinance. Dale Runkle, the City Planner, was present and reviewed the application, including the existing Naegele sign on old Cedar Avenue. A cassette recording of the dicussion was taken by the City Administrator. Jerry Brill, attorney, appeared for the applicant, as did Rollin Crawford for Linvill & Associates, a neighboring property owner. There were qusetions about distance from the Highway right-of-way under the Federal Act and Mr. Brill contended that the Minnesota Outdoor Advertising Control Act governed, in conjunction with the National Highway Beautification Act of 1971. Mr. Brill contended that if the City Ordinance is in conflict, that it does not control and the state standards apply unless certified by the Commissioner of Highways. Mr. Crawford appeared on behalf of Linvill & Associates and objected to the application, noting that the applicant now had indicated that a building permit may be required, rather than a sign permit. Mr. Brill stated that the applicant may have to reapply for a building permit. There were concerns by Councilmembers regarding the zoning of the railroad right-of- way and that there may be a precedent if an advertising sign is granted within a railroad right-of-way. Setbacks from the specific zoning district was an issue and Egan moved to continue the application to November 1, 1983 to allow further research, including the procedural steps for certification by the City, if necessary, to review the Minnesota and Federal statutes regarding the signage and the issue of zoning, including whether the original permit was issued in error because of the zoning of the railroad right-of-way; also to include a review of the statutory provisions regarding the scenic areas under the Federal statute. Wachter seconded the motion and all voted in favor. 4 OO O1 Council Minutes October 18, 1983 NAEGELE OUTDOOR ADVERTISING COMPANY APPLICATION The application of Naegele Outdoor Advertising Company for conditional use permit for outdoor advertising sign on Trunk Highway #77 was next con- sidered. Mr. Hedges reviewed the history and Mr. Runkle discussed the appli- cation. Julianne Bye of Naegele Advertising was present. Mary Teske, a neighboring property owner, had concerns about the scenic view on Highway #77 entering Eagan, and also the Federal Beautification Act. Ms. Bye indicated that the existing sign near Diffley Road has been lowered and that the light- ing will be corrected at that location. She also stated that the Naegele application had been submitted first but requested a continuance until the disposition of the National Advertising Sign application. Wachter moved, Egan seconded the motion to continue the application to November 1, 1983. All voted yes. CABLE COMMUNICATIONS COMMISSION AGREEMENT The joint and cooperative agreement establishing a Commission for the administration of a cable communication system was submitted and reviewed by the Council. Mr. Hedges stated that meetings have been held with the repre- sentatives from the City of Burnsville and that the Burnsville City Council approved it at the previous evening. He stated that the City should now consider the administration of the system after awarding the franchise and discussed specific aspects of the agreement. Smith moved, Egan seconded the motion to adopt the agreement as presented. There were no objections or comments from persons present in the audience. All voted in favor. SEE AGREEMENT FILE CABLE COMMUNICATION - APPOINTMENTS Mr. Hedges stated that interviews were held with applicants for the Cable Communications Commission, including Kent Sorenson, Neil Machen, Robert Cooper, Roger Fling, Keith Wood, Stuart Gibson, Dean Sutliff, James Mueller and Raymond Stevens. In addition, Lloyd Krob, Ron Voracek and Rick Bertz, current members of the Commission, together with Councilmember James Smith had applied for membership on the commission. Councilman Smith stated that an excellent group of candidates had requested consideration on the Commission and it was noted that four members and one alternate would be selected. Two would be for two years and two for one year. The first ballot reflected James Smith as a member and Rick Bertz. Also elected were Ron Voracek and Bob Cooper as permanent members. Stuart Gibson was elected as the alternate. 5 Council Minutes 00302 October 18, 1983 TOLLEFSON BUILDERS - WAIVER OF PLAT An application of Tollefson Builders, Inc. for waiver of plat to shift a lot line for Lot 3, Block 1, Brittany 4th Addition was next considered. The request is to shift the lot line 3 feet to the south in order to accommodate the setbacks in accordance with the zoning ordinance, noting the surveyor had made a mistake in laying out the house plan on the lot, with a proposal of 7 feet from the side lot line versus 10 feet under the ordinance requirements. The Planning Commission recommended approval subject to certain conditions. Smith moved, Thomas seconded the motion to approve the application, subject to the following conditions: 1. To provide that the lot has a minimum 60 foot width. 2. Drainage easements shall be reviewed by the Engineering Department to assure that they fulfill all of the requirements for easements requested by the City Engineer, including the granting of new easements and easement vaca- tions where necessary. 3. All other ordinance requirements shall be adhered to, including all setback requirements. All voted in favor. R 83-66 TOLLEFSON BUILDERS, INC. - BRITTANY 4TH ADDITION - SETBACK VARIANCE A request from Tollefson Builders, Inc. for reconsideration of setback variance for Lot 12, Block 1, Brittany 4th Addition was presented to the Council. On October 4, the Council denied the application based upon lack of hardship. The developer has now submitted a site survey which was presented to the Council and the staff indicated that because of the level of the adjacent pond, and the fact that the house may have a negative visual impact on the adjacent property, that it would be appropriate to allow the variance. Public Works Director Colbert concurred that a temporary hardship does exist, due to the existing location and the elevation of the lake, which eventually will be lowered. Smith moved, Thomas seconded the motion to reconsider the application. All voted in favor, noting the high water would be the reason for the need for variance. Bill Dolan, Engineer, and Carl Tollefson appeared for the applicant. The owner of the adjacent property, Lot 13, was also present and indicated he had no objection to the application and favored the request for the variance. It was noted that Lot 12 is in a cul-de-sac and the staff recommended approval, noting that it would be more aesthetically pleasing to move the house closer to the front lot line. After discussion, Smith moved, Thomas seconded the motion to approve the variance on the basis of the information submitted by the staff, noting that a hardship did present itself because of the lake level. Mayor Blomquist indicated that she had concerns about parking and concerns about setback, but Mr. Runkle stated that there would be a 13 foot boulevard, plus the setback from the street right-of- way. Those in favor were Smith, Thomas and Egan; Wachter and Blomquist voted no. 6 00303 Council Minutes October 18, 1983 DEVELOPERS CONSTRUCTION CO. - HILLTOP CONDOMINIUMS Developers Construction Co. and Loren Spande submitted an application for revised site plan to increase the remaining 8-unit townhomes to 14-unit town- homes for an increase of 18 dwelling units for the Hilltop Condominium project. The Planning Commission recommended denial. Mr. Hedges and Mr. Runkle reviewed the application and Loren Spande and his architect, Charles Novak, were present. Two surrounding property owners were present with con- cerns about the erosion plan and also requesting additional berming and land- scaping along Berry Ridge Road. Mr. Spande made a presentation stating they will provide additional landscaping and stated that they have been unable to sell more than 9 units in the existing building with a proposal in a change in the interior design of the buildings. He stated that an attempt has been made to keep the soil erosion under control. Certain neighbors indicated that a breach of trust has taken place in that now there are 70 units being proposed, whereas prior, 52 units were proposed in the entire project. Scott Johnson of Arcon Construction, the fee owner, was also present, and indicated that the parking on the north would not be visible to the single family homes to the north side, and that the building design would be the same. Increased traffic and the trees that were taken from the site were also concerns of neighboring owners. There was discussion concerning the number of persons per unit, including children, and Councilman Smith suggested that this information be submitted to the Council and that the applicant may revise their plan to a certain degree. Councilman Egan questioned whether the plans could be changed in light of the density that originally had been permitted. Phase II would include six additional units. The footprint, according to Mr. Runkle, is 82 square feet smaller than the original plans and only the interior square footage per unit has changed. Egan moved, Wachter seconded the motion to deny the application, based upon the reliance by the neighbors on the number of units originally proposed, and further, that the Advisory Planning Commission recommended denial and the fact that the development originally had been proposed for fewer number of units than are now being presented to the City. All voted yes. CINNAMON RIDGE 4TH, 5TH & 6TH ADDITIONS - PLANNED UNIT DEVELOPMENT AMENDMENT AND REVISIED PRELIMINARY PLAT The application of Zachman Homes and John Anderson for amendment to the Cinnamon Ridge Planned Development from nine 8-plex buildings to 27 twin-home buildings and for revised preliminary plat for Cinnamon Ridge 4th, 5th and 6th Additions was presented to the Council. Mr. Runkle explained the proposal and the Advisory Planning Commission recommended approval subject to certain conditions. John Anderson was present for the applicant, as were other repre- sentatives. There was considerable discussion concerning the Outlot A private driveway access and maintenance and Mr. Anderson indicated that maintenance 7 00304 Council Minutes October 18, 1983 would be provided by the Homeowners Association. He stated that setback from private streets would be 22 feet and noted that the number of garages will be increased as will the amount of parking. Ken Iverson of the Homeowners Association of River Hills 9th Addition appeared and stated that many obliga- tions outlined in the Development Agreement originally by Zachman Homes have not been satisfied. Mayor Blomquist stated that conditions set forth in the original Planned Development Agreement will be completed according to City requirements. After considerable discussion, Smith moved, Thomas seconded the motion to approve the amendment to the Cinnamon Ridge Planned Development and reduce the density from nine 8-plex buildings to 27 twin-home buildings on Outlot H, Cinnamon Ridge 3rd Addition, and further, to approve the application for preliminary plat approval, subject to the following: 1. The pond development shall be completed as required by the City. 2. The grading shall be completed in the area included for park pur- poses. 3. Revisions shall be made to the planned development agreement spelling out the changes in the use and density for this particular phase. 4. A development agreement shall be completed and signed prior to the construction of the 4th Addition. 5. The developer shall commence the construction of Slaters Road and Metcalf Drive upon the completion of 16 units, said roads to be completed prior to the completion of the development. 6. There shall be a homeowners association established which shall control the maintenance of all private drives, snow removal, architectural design and additions, exterior building maintenance and failure of any indi- vidual owner to maintain his lawn. 7. All other City Code requirements such as setbacks, lot coverages, etc. shall be adhered to. 8. All easements as required by staff shall be dedicated on the final plat. 9. All utility and street construction shall be in accordance with plans and specifications as approved by City staff. 10. The Metcalf Drive connection shall be constructed as a 28 foot wide street. Mr. Anderson requested that the Council allow a delay in the Metcalf connection as well as the Slaters Road until the 4th Phase because of design criteria within the multiple family area. All voted in favor. SEE PLAT FILE 8 00305 Council Minutes October 18, 1983 CENTURY ADDITION - PRELIMINARY PLAT The application of Donald Klober and Century 21 South Country Realty for preliminary plat approval of Century Addition, consisting of approximately 4 acres and containing 5 commercial lots was presented to the Council. Mr. Klober was present and Mr. Runkle discussed the application briefly. The Advisory Planning Commission recommended approval subject to certain condi- tions. It was noted that Dakota County has been requested for its reaction to the additional access to Yankee Doodle Road. Mr. Klober stated he had talked with members of the County staff who expressed no opposition. The City staff recommended that a storm sewer be installed across Yankee Doodle Road to the pond on the south side. Mr. Klober stated that adequate access is needed for a potential funeral home on Lot 1, Block 2, and there were questions whether a funeral home would be allowed in a Neighborhood Business zone. After exten- sive discussion, Egan moved, Smith seconded the motion to approve the applica- tion, subject to the following: 1. That a cul-de-sac be installed at the west boundary line and southerly extension of the interior street be eliminated. 2. That Lot 1, Block 2, be redesigned. 3. A development agreement shall be entered into and signed prior to the application for final plat. 4. Detailed grading, drainage and erosion control plans shall be sub- mitted and reviewed by City staff prior to final plat application. 5. A detailed landscape plan which should include buffering along the northern edge of the property shall be submitted and reviewed by City staff, and an adequate landscape bond shall be submitted and not released until one year after the landscaping has been completed. 6. Adequate right-of-way approved by the City shall be dedicated for Yankee Doodle Road. 7. The plat shall be subject to Dakota County Plat Commission's review and comment because the plat abuts Yankee Doodle Road. 8. The plat shall be subject to the Park Commission's review and com- ments for park dedication for commercial property. 9. All other City Code requirements shall be adhered to in the con- struction of buildings on the proposed plat. 10. The internal storm sewer system shall be constructed discharging southerly under County Road 28 into CP-2 as the sole responsiblity of this development in accordance with approved City plans and specifications. 9 OO?O6 Council Minutes October 18, 1983 11. Sanitary sewer and water extensions to service this plat shall be the responsibility of this development in accordance with City approved plans and specifications. 12. Access shall be allowed to County Road 28 and access onto Coachman Road shall maintain a 152 foot setback from the centerline of County Road 28, subject to County approval. 13. An additional five feet of right-of-way shall be dedicated for County Road 28. 14. All utility easements as required by staff shall be dedicated on the final plat. 15. Coachman Road shall be ordered for upgrading to its ultimate design prior to final plat approval. 16. This development shall assume its trunk area storm sewer assessment liability in accordance with the rates in effect at the time of final plat approval. All voted yea. SEE PLAT FILE OPEN BIBLE CHURCH - SPECIAL PERMIT The application of Reverend David Stapf and Open Bible Church for special permit for temporary church facility at 4030 Beau D' Rue Drive was presented to the Council. The location is the former Eugene's Billiards building and Reverend Stapf was present. The only issue that the Council was concerned with was the parking at the location, and based upon the information submitted by the applicant, there did not appear to be a parking problem at the present time. There were no objections to the application. Smith moved, Wachter seconded the motion to approve the application, subject to the following conditions: 1. That the special permit be allowed for a two-year period in order to review the parking at the end of that time. 2. That there be no on-street parking allowed with the particular use of the facility. All voted in favor. 10 00307 Council Minutes October 18, 1983 DRAGON PALACE - 3.2 BEER LICENSE The application of Lee Folen, the new owner of the Dragon Palace Restau- rant for transfer of on-sale non-intoxicating malt liquor license was pre- sented to the Council. There were no objections and upon motion by Wachter, seconded Egan, it was resolved that the application be approved subject to ordinance compliance. All voted yes. GRESSER INDUSTRIAL REVENUE FINANCING - PUBLIC HEARING The application of Michael and Joan Gresser for consideration of setting of a public hearing date to consider industrial revenue financing for an office complex in the Yankee Doodle Road and Terminal Drive area was presented to the Council. It was noted on May 19, 1981, a preliminary resolution was approved, but in order to comply with State requirements, an additional public hearing would be required. Upon motion by Egan, seconded Thomas, it was resolved that the public hearing be scheduled for November 15, 1983 at 7:00 p.m. to consider the industrial revenue financing application submitted by Mr. and Mrs. Gresser with the understanding that the fee would be one-half of the normal $500.00 fee. All voted yea. ENCASED FIREARMS - CITY CODE AMENDMENT A proposal from the Police Department for an amendment to City Code Section 10.10 entitled "Dangerous Weapons and Articles" by adding a provision prohibiting the carrying of firearms which are not encased was reviewed by the Council. Questions arose by the Council as to the nature of the changes being suggested and upon motion by Smith, seconded Wachter, it was resolved that the issue be continued until further information has been submitted by the Police Department concerning the ordinance. BOW & ARROW HUNTING REQUEST - KREKELBERG A request from Steve Krekelberg for an exception to City Code 10.10 concerning hunting with a bow and arrow was brought before the Council. Mr. Krekelberg was not present and the Police Department recommended against, based upon the policy of the City that bow and arrow not be allowed within the City limits. Thomas moved, Egan seconded the motion to accept the recommenda- tion of the City Police Department and to deny the request. All voted yes. 11 Council Minutes 00.1 308 October 18, 1983 SUNCLIFF 1ST ADDITION - FINAL PLAT APPROVAL The application of Advanced Developers, Inc. for final plat approval of Suncliff 1st Addition was next brought before the Council. All requirements of the City have now been complied with and the staff recommended approval. Upon motion by Egan, seconded Wachter, it was resolved that the application be approved, subject to ordinance requirements. . All voted yes. R 83-67 SUNCLIFF 1ST ADDITION - CONTRACT #83-16 The bids covering Contact #83-16 concerning Suncliff 1st Addition streets and utilities have been received and it was recommended by the staff that the low bidder, Burschville Construction Company be awarded the contract with a total base low bid of $370,909.40. It was noted an error of $20.00 existed but the low bidder was still Burschville Construction Company. Wachter moved, Egan seconded the motion to authorize the award of the contract to Burschville Construction Company in the sum of $370,929.40. All voted approval. CLERICAL CONTRACT - 1983-84 The final proposal offered by the City Council for a two-year contract with the 10 member clerical unit was voted for acceptance on Thursday, October 6, 1983. The contract will provide for retroactivity as of January 1, 1983, and a 5% salary increase with no change in benefits was approved for 1984. Smith moved, Thomas seconded the motion to approve the recommended clerical contract. All voted yea. EAGAN MUNICIPAL CENTER CARPET - BIDS Mr. Hedges stated that bids have now been received for installation of carpet and a bid tabulation was submitted to the Council. The architect recommended against the low bid because it did not meet the specifications and recommended approval of the second low bidder, together with the alternate. Thomas moved, Egan seconded the motion to approve the entry into a contract with the second low bidder, St. Paul Linoleum for the Gibralter carpet to include alternate #1 (Carpet A) and for the Innovation carpet (Carpet B) in the total aggregate sum of $15,641.00. All voted in favor. 12 00309 Council Minutes October 18, 1983 NORWOOD DRIVE AND SHERWOOD WAY - STOP SIGN A petition received from a resident on Sherwood Way requesting the installation of a stop sign on Norwood Drive at the intersection of Sherwood Way was presented to the Council. The Police Department investigation indi- cated that an accident that happened, would have happened even if the stop sign had been installed and the engineering division indicated that the intersection did not meet the warrants for stop sign. Upon motion by Wachter, seconded Egan, it was resolved that a Yield sign be approved at the intersec- tion. All voted yes. PUBLIC WORKS MAINTENANCE VEHICLE EQUIPMENT Bids were received on October 11, 1983 for dump boxes, plows, sanders and miscellaneous equipment for the four maintenance vehicles approved by the Council for acquisition on July 19, 1983. The low bidder for each of the two 11,000 GVW dump trucks was LaHass Manufacturing in the amount of $16,520.00 for both vehicles. The low bid submitted for the dump box, plow, sander, etc. for the 34,000 GVW Dump Truck (F8000) by McQueen Equipment did not meet the specifications upon review by the staff. The staff recommended approval of the second low bidder, LaHass Manufacturing and Sales, in the sum of $18,021.00. Wachter moved, Smith seconded the motion to approve the recomen- dations of the staff for the 11,000 GVW Dump Trucks to LaHass Manufacturing and also the miscellaneous equipment for the 34,000 GVW Dump Trunk to LaHass Manufacturing, with the understanding that a complete explanation of the lack of failure to meet specifications be provided by the staff, noting that the gauge and thickness of the dump box submitted by McQueen was less than the specifications provided. All voted in favor. L & F ADDITION - PRELIMINARY PLAT APPROVAL K[TENSION The application of Mr. Ralph Linvill for a six month extension of the preliminary plat for L & F Addition scheduled to expire on October 19, 1983 was brought before the Council. Egan moved, Wachter seconded the motion to approve the request. All voted yes. TIMBERSHORE ADDITION - ACCESS EASEMENTS Bob Scholz of the Board of Directors of the Timbershore Association and two other neighboring owners appeared with concerns about the proposed access to the Hurley Lake pumping station. He stated that a request had been made by the staff for an access through a portion of the Timbershore Addition and suggested that access be acquired through St. Francis Woods. Mr. Colbert stated that the terrain is too steep in that location and there was consider- able discussion with Council concerning the need for access through Timber- shore Addition. A meeting was scheduled for 2:00 p.m. on Friday, October 21, 1983 with staff and neighboring owners to discuss the proposal. 13 QO?1O Council Minutes October 18, 1983 EAGAN LIONS CLUB - BINGO AND GAMBLING LICENSE An application was submitted by the Eagan Lions Club for gambling license for an event at the Diamond T Ranch on October 21, 1983. Smith moved, Egan seconded the motion to approve the application. All voted in favor except Thomas who abstained. EAGAN MUNICIPAL CENTER - STACKING CHAIRS Mr. Hedges stated that quotes have now been received for stacking chairs for the new Eagan Municipal Center and recommended approval of the contract to JAK Office Products Co. for the sum of $2,558.00. Egan moved, Thomas seconded the motion to approve the recommendation. All voted in favor. LANDSCAPE SCREENS - EAGAN MUNICIPAL CENTER Bids have now been received for landscape screens for the new Municipal Center and Mr. Hedges stated that an informal quote has also been received for used landscape screens from Comserv Corporation. He recommended that the staff negotiate with Comserv concerning the acquisition of the used screens and after considerable discussion, noting that the used screens may be a considerable cost saving to the City, Blomquist moved, Egan seconded the motion to approve the low bid for the landscape screens with JAK Office Products Company in the sum of $9,600.00 with the understanding, however, that the staff will negotiate with Comserv and if possible, seek to obtain a second quote for used screens to comply with the Minnesota statutory requirements concening the bidding process; further, however, the Council noted that where the estimated cost is less than $15,000.00 under current law, that it's only necessary to receive quotations and that the staff complete the negotiations and award the contract to Comserv, if negotiations are completed for the used screens at the price indicated informally by Comserv Corporation; further, however, that in the event that negotiations are not satisfactorily completed, that the low bid of JAK Office Products be approved. All voted in favor. SPERRY CORPORATION - NOISE ISSUES Mr. Hedges stated that contacts have been made with Sperry Corporation and the Timberline Addition neighboring property owners concerning the reduc- tion of noise levels from Sperry's semi-conductor plant. He noted that Sperry is installing changes to provide for a 40% lower decible rating sound reduc- tion and also that the lighting problems have been resolved. 14 00 11 Council Minutes October 18, 1983 VARIANCE PROCEDURES Mayor Blomquist recommended that the staff review proposed revisions and procedures regarding variances which have become very time consuming, both for the Planning Commission and the City Council. Mr. Egan stated that all neces- sary steps should be taken to avoid unscheduled council appearances in light of the fact that the council meetings have become very lengthy in recent months. ALMQUIST LAKE - STORM SEWER LIFT STATION - PROJECT #393 Mr. Colbert reviewed with the Council a proposal to prepare a feasiblity report for Almquist Lake storm sewer lift station under Project #393. Because of the fact that pond LP-4 Almquist Lake is approximately 7 feet above its designated flood elevation, impacting adjacent property, he recommended authorization of the preparation of the report. Upon motion by Smith, seconded Wachter, it was resolved that the Council approve the request for the preparation of the feasibility report for the lift station outlet, and further to designate the name of the lake, Almquist Lake. All voted in favor. I-35E - #494 - FENCING AND SURFACING The City has received detailed plans and specifications pertaining to bituminous surfacing and fencing on sections of I-35E from Lone Oak Road to I- 494 and also I-494 from Trunk Highway #55 to Trunk Highway #149. The Public Works Director reviewed the plans and recommended approval. Egan moved, Blomquist seconded the motion to approve the detailed plans and specifications for MnDOT Projects #1982-75, 76, 78, 79, 80, 1985-75, and 77 and authorize the execution of the necessary Resolution. All voted yes. McCARTHY - PROJECT #83-18 - WELL SITE #5 - STORM SEWER PLANS Public Works Director Colbert recommended approval of the plans and specifications for Contract #83-18 consisting of storm sewer improvements for the Well Site #5 area, and further, that the Clerk be authorized to advertise for bids to be opened on October 31, 1983 at 10:30 a.m. Upon motion by Wachter, seconded Smith, it was resolved that the recommendation be approved and ordered implemented. All voted in favor. 15 Council Minutes 00012 October 18, 1983 WESCOTT ROAD - CONDEMNATION ACTION City attorney Paul Hauge reviewed with the Council a proposal of settle- ment of the interest costs for the Wescott Road street improvement condemna- tion project. Mr. Colbert and Mr. Hauge discussed with the Council the various approaches to the interest charges in the case of a condemnation action and recommended that the sum of $125,000.00 be approved and further, recommended that the City Attorney negotiate with the property owners' attorney to dismiss the trespass action being brought by the property owner. Egan moved, Thomas seconded the motion to approve the recommendation of the staff and authorize the settlement. All voted in favor. CHECKLIST Egan moved, Wachter seconded the motion to approve the following check- list dated: September 30, 1983 and October 18, 1983 All voted in favor. ADJOURNMENT Upon motion by Wachter, seconded Blomquist, it was resolved that the meeting adjourn at 11:45 p.m. PHH Cit Ilerk 16 - -