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07/19/1983 - City Council Regular .C O 197 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JULY 19, 1983 A regular meeting of the Eagan City Council was held on Tuesday, July 19, 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, City Engineer Rosene, and City Attorney Hauge. _ Due to the heavy afternoon rain and wind, the electrical power in the City Hall was not operating and it continued to be out until about 10:00 p.m. AGENDA Egan moved, Wachter seconded the motion to approve the agenda as presented. All voted yea. MINUTES The minutes of the regular meeting of July 5, 1983, were presented and upon motion by Wachter, seconded by Egan, it was Resolved that the minutes be approved with the exception that on page 5, relating to Project #375, that the staff was directed to provide information for a meeting to be held by the neighbors in the South Oaks Addition area. All voted in favor. REAL ESTATE TAX ABATEMENTS Bill Peterson of the Dakota County Assessor's office appeared and recom- mended approval of tax abatements for Carl Voight, reduced to $24,136.00, and Milton C. Peterson, reduction for 1980, 1981, and 1982. Upon motion by Smith, seconded Thomas, it was resolved that the recommendation be approved. All voted in favor. POLICE DEPARTMENT A letter was reviewed by Police Chief Jay Berthe recommending that the Council approve the promotion of Tom Schoenecker from cadet to full-time police officer effective August 1, 1983. Upon motion by Thomas, seconded Wachter, it was resolved that the recommendation be approved. All voted yea. 1 19 Council Minutes July 19, 1983 PARK AND RECREATION DEPARTMENT Bike Path Designation. A letter from Park Director Ken Vraa recommending that certain paths in the City be designated as bike paths, including Rahn Road, Johnny Cake Ridge Road, and Beau D' Rue Drive, together with several other routes with access to the Dakota County Library. Upon motion by Smith, seconded Egan, it was resolved that the proposal as recommended be approved. All voted in favor. CONSENT AGENDA The following items on the Consent Agenda were recommended for approval by the City staff: 1. Contractors' Licenses. The following license applications were sub- mitted and recommended for approval: General Contractors, Brutger Companies, Inc., Straus Construction, Tinnes Homes, Inc.; Starlight Pools - swimming pool contractor. 2. 911 Public Safety Communication Plan. An amended Dakota County 911 Public Safety Answering Point Backup Communication Plan was submitted covering the Cities of Burnsville, Lakeville, Eagan, Apple Valley and the staff recom- mended approval of the plan as presented. 3. Water Treatment Plant - Contract #83-1, Change Order No. 2. Public Works Director Tom Colbert and Consulting Engineer Bob Rosene recommended after investigation that the Council approve the change order covering the increase in filtration capacity for an add on of $21,035.00, stainless steel material for backwash troughs, with a deduct of $46,476.00, and damp proofing with an add on of $3,939.00 to Contract #83-1 for the water treatment plant, with a net deduct amount of $21,502.00. 4. 1984 LAWCON Grant Application. On July 7, 1983, the Advisory Park and Recreation Committee approved a recommendation that a grant application for 1984 LAWCON funds be submitted for the development of Fish Lake Park. The staff recommended approval of the preparation and submission of application in the sum of $30,000.00. 5. Galaxie Avenue Surfacing, Contract #83-12, Final Payment. The City has received a request for final payment to McNamara Vivant Contracting Company in the amount of $8,848.66 for the fifth and final payment for Con- tract #82-12 under Project #311B. It was recommended it be approved and the project be accepted for perpetual maintenance. 2 OC199 Council Minutes July 19, 1983 6. Pipeline Easement Reduction Agreement. With the construction of the water treatment plant at its proposed location it is necessary to request a reduction of the 100-foot easement from Northern Natural Gas Company to allow the placement of the existing facility and its future expansion. It was therefore recommended that the Council authorize the request for reduction of the easement to a 66-foot wide easement in the form of a modification and amendment to the easement grant. 7. Pipeline Easement Encroachment Agreement. It was next recommended by the staff that the Council approve an encroachment on the Northern Natural Gas Company easement for construction, grading, parking lot surfacing, land- scaping, etc., and that the mayor and clerk be authorized to execute the necessary documents. Wachter moved, Egan seconded a motion to approve the foregoing consent agenda items as recommended and authorize the necessary documents to be signed. All voted yea. SOUTH OAKS - STREETS & UTILITIES - PROJECT #375 Mayor Bea Blomquist announced the continued public hearing regarding the proposed street and utility improvements in the South Oaks area under Project #375. The Council had continued the hearing from July 5, 1983, and the staff was directed to modify the preliminary assessments eliminating the permanent street surfacing and addressing only the installation of utilities. Those proposed amended assessments were distributed to property owners and a neigh- borhood meeting was held. Mr. Colbert explained the proposed revised assess- ments. Steve Swanson, a resident, together with numerous other residents were present and Mr. Swanson stated that a majority of the people were opposed to the entire plan at the present time. He submitted two petitions, one against the revised plan with 27 signatures and one in favor of the revised proposal with eight signatures, and one in favor of the original project. Many other interested persons spoke including Roger Wierecke of Cliff Road, who opposed the project. Mr. Pellant stated he favored the project and others noted that there were some sanitary sewer problems in the area. One resident recommended that the Council advertise for bids and in the event they are low enough that the affected owners could then decide whether to proceed. The majority who spoke opposed any improvements. Councilman Smith stated that it is expected that if there are some sanitary sewer problems at the present there may be more and that within a few years it is expected that the neighbors will again petition for a feasibility study. Smith moved, Egan seconded the motion to close the hearing and to deny Project #375, noting a large majority opposed any improvements at the present time. All voted yes. 3 Council Minutes July 19, 1983 GEORGE BECKER CONDITIONAL USE PERMIT At the July 5, 1983, meeting, the Council approved certain conditional use permits with the understanding that the permit for George Becker at 3890 Lexington Avenue for a group foster home would be approved only if the home was still in operation. Mr. Hedges stated that Mr. Becker had moved from the City and recommended that the application be denied. Upon motion by Egan, seconded Wachter, it was resolved that the recommendation be approved and that the permit not be granted. All voted-yes. VIC ROLFING - RESIGNATION Vic Rolfing, a member of the street maintenance division has submitted his resignation effective July 29, 1983 and it is recommended it be approved. Wachter moved, Egan seconded the motion to accept the resignation and acknow- ledge thanks on behalf of the City and further, to authorize immediate re- placement of the position in the Public Works Maintenance Division. All voted yes. NICOLS ROAD - SANITARY SEWER REPAIR Mr. Colbert stated that the Public Works Maintenance Division televised all of the lines in the Cedar Grove No. 1-4 Additions but at Nicols Road, south of Sapphire Lane, the City was unable to televise the lines. He stated that approximately 200 feet of the sewer needs replacement and it was recom- mended the City approve a bid of $4,400.00 from Mueller Pipeliners, Inc. for the reconstruction work. Smith moved, Wachter seconded the motion to autho- rize the expenditure of repair of 200 linear feet of sanitary sewer on Nicols Road Service Drive, south of Sapphire Lane with the understanding that the staff will acquire one additional bid and accept the low bid. All voted yes. BLACKHAWK OAKS - STREETS AND UTILITIES - PROJECT #376 The Developers of the Blackhawk Oaks subdivision petitioned for street and utility improvements in proposed Blackhawk Oaks Subdivision and a public hearing was convened by the Mayor regarding the Project. Larry Frank, on behalf of the Developers, requested a continuance to September 20, 1983 to further review the utility issues in the project. Wachter moved, Smith seconded the motion to continue the public hearing under Project #376 until September 20, 1983 at 7:00 p.m. at the City Hall and that the staff send letters to the affected property owners regarding the continuance. All voted in favor. 4 0("201 Council Minutes July 19, 1983 HILLCREST ADDITION - PROJECT #379 - STREETS AND UTILITIES The public hearing regarding the request of the developers of the Hillcrest Addition feasibility report for streets and utilites in the subdivi- sion was next convened by the Mayor. Mr. Colbert and Mr. Rosene discussed the project in some detail and the developers of the subdivision, together with some neighboring affected property owners were present. There were no objec- tions to the project. Smith moved, Egan seconded the motion to close the hearing, to authorize the project to be installed and further, that the Con- sulting Engineer be authorized to prepare the plans and specifications. All voted in favor except Wachter who voted no. EAGAN INDUSTRIAL ROAD & TRAPP ROAD - VACATION HEARING The public hearing regarding the vacation of a portion of Eagan Indus- trial Road and Trapp Road drainage and utility easements and road right-of-way was convened by the Mayor. City Attorney Paul Hauge stated that he had had conversations with the attorney for Northwestern Mutual Life Insurance Co., the owner of the property, and recommended that because the final plat for the surrounding subdivision was scheduled to be heard later in the meeting that it be continued to that time. Upon motion by Egan, seconded Wachter, it was resolved that the hearing be continued until the Council has acted upon the application for final plat approval of Eagandale Office Park. All voted yea. PARK & RECREATION COlMIISSION APPOINTMENTS Mr. Hedges stated that there are two vacancies on the Park and Recreation Commission and that 10 persons have applied for appointment. These 10 persons were interviewed by the Council on Wednesday, July 13, and the Council will vote at the current meeting on the replacements. Secret ballots were used and Sandy Bertz and William C. Jackson were appointed to the unexpired vacancies on the Commission. COUNTRY STANDARD - SERVICE STATION RENEWAL At the June 21, 1983 City Council meeting, neighbors and owners of Country Standard appeared concerning the service station conditional use permit renewal. Since that time, a meeting was held between neighbors, the owners and City staff and after a second meeting of July 18, 1983 it was recommended by the staff that the application be continued until August 16, 1983 to permit further negotiations between the affected parties. Thomas moved, Wachter seconded the motion to accept the recommendation to continue until August 16, 1983. All voted yes. 5 a.. ed..i+St,va 0n' Council Minutes July 19, 1983 WOLD CRAIBERLAIN AIRPORT - AIR TRAFFIC NOISE City Administrator Tom Hedges stated that there have been additional complaints that have been received at the City Hall concerning increased air traffic noise over the City resulting from the take-offs and landings at Wold Chamberlain Airport. He had invited Tim Anderson, Manager of Noise Abatement and Environmental Affairs for the Metropolitan Airports Commission, to be present at the meeting and to explain the current two-year experiment relating to take-offs and landings and also to answer questions of the Council and cother affected residents. Tim Anderson did appear with some drawings of the flight patterns in the airport area and a number of affected residents from throughout the City were also in attendance. Mr. Anderson stated that nearly 55% of the departures and arrivals at the airport have been over the northern Eagan area in recent years. The policy of the MAC and FAA is to keep air traffic in the areas where there are the fewest people residing and he also stated that an attempt has been made on Runway #22-4, running southwesterly to divert the traffic across the Minnesota River along Cedar Avenue which began in December of 1982. He stated that an FAA change in regulations at that time allowed left turns, and now about 30% of the traffic on Runway #22 is given a bearing of 180. The FAA has allowed the experiment for two years, or two noise seasons, and Mr. Anderson's office will continue to watch and monitor the traffic during that period of time. The FAA would then be required to do an EAW and if there is a finding of significant impact then an environmental impact statement would be required. Mayor Blomquist outlined areas of concern and stated that the impact appeared to be throughout the City and she was further greatly concerned about the affect of Eagan's newly adopted Comprehen- sive Plan and what the changes in the flight pattern would do to the planning throughout the City. An attempt was being made to create a fanning effect from Runway #22-4 in order to determine the imapct of spreading the traffic over a broader area. Councilman Egan objected to the planning problems that result and the objections that arise after specific routes have been in place for a period of years. Mr. Anderson also stated that the airlines control the rate of climb and not the FAA or MAC and further, he requested that he be informed con- cerning deviations from the flight paths in order to monitor them. Councilman Smith noted the problems that have arisen because of the increased traffic in the westerly area of the City and suggested the planes climb on Cedar Avenue for three or four miles, then throttle down over the residential area and when past the residential areas, then increase their climb; it was also understood that in-flight pilots are under the jurisdiction of the control tower at all times, according to the information received by Councilmembers. After a very lengthy discussion, Mayor Blomquist moved, Egan seconded the motion to direct the Eagan City Administrator to request and obtain from the Metropolitan Airports Commission, through Mr. Tim Anderson, a map suitable for newspaper publication providing specific detail concerning the location of the flight 6 Council Minutes July 19, 1983 patterns over the City of Eagan; that the map and the information received cover the 180 turn and the preferential runway as it relates to Eagan; further, that a request be made for a written description for publication purposes outlining the definition and scope of the flight deviations, the frequency of trips over the City of Eagan and all other criteria related to the two-year experiment, including the method intended to measure the effectiveness of the two-year study; further, that the request include sta- tistics covering the number of airplane take-offs and landings for each runway at Wold Chamberlain Airport. All voted in favor. ROBIN LANE - CONTRACT #83-7 The plans and specifications for Contract #83-7 covering street improve- ments on Robin Lane have been completed and because all easements have been acquired or are expected to be acquired in the very near future, the staff now recommends that the Council approve the plans. Wachter moved, Smith seconded the motion to approve the plans and specifications for Contract #83-7 and to authorize the Clerk to advertise for the opening of the bids to be held at 10:30 a.m. on Thursday, August 11, 1983 at the Eagan City Hall. All voted yes. PEOPLES NATURAL GAS COMPANY - FRANCHISE ORDINANCE Peoples Natural Gas, a subsidiary of Inter North, Inc., has requested that the City Council consider the renewal of the 25 year non-exclusive fran- chise ordinance that Peoples Gas currently has with the City. The Ordinance does not expire until 1984, but for corporate planning and budget purposes, Peoples has asked the Council to review the renewal as soon as possible. The City Attorney and City Administrator have met with representatives of the Company and indicated that the questions they raised basically have been answered. Roger Lee of Peoples Gas was present at the Council meeting. The staff was to meet with People's Gas representatives concerning the objections relating to the above-ground structure and it was also understood that People's Gas will consider landscaping and possibly place future structures upon private property. After discussion, Smith moved, Thomas seconded the motion to approve the Franchise Ordinance as requested by Peoples Natural Gas Co. and direct the City Attorney to draft the necessary documents and to implement the Gas Franchise Ordinance. All voted in favor. SEE ORDINANCE FILE MALLARD PARK 2ND ADDITION - REZONING REQUEST FOR RECONSIDERATION William Dolan, on behalf of Tollefson Development, Inc. again requested reconsideration of the Mallard Park 2nd Addition Rezoning and Preliminary Plat application. Mr. Hedges explained the procedure for reconsideration. There was no motion to reconsider and therefore no action was taken. 7 0 X204 Council Minutes July 19, 1983 VOGY'S, INC. - ON-SALE LIQUOR LICENSE The application of Norman and Patricia Vogelpohl for on-sale liquor license for Vogy's Restaurant at the corner of the Yankee Square Shopping Center area at 3434 Washington Drive was considered by the Council. It was noted that the staff has recommended approval based upon the information submitted, but that a utility easement in the Wuthering Heights area and the concern of the -City Council regarding the acquisition of the parcel from the Super America owners, adjacent to the restaurant property, was discussed by the Council. Mr. Vogelpohl was present and indicated the easement would be granted and negotiations have taken place with Super America. After discus- sion, Smith moved, Wachter seconded the motion to approve the application for on-sale liquor license, subject to compliance with the necessary ordinances and further, grant of the easement on the Vogelpohl property near Wuthering Heights Road, and further, the resolution of the acquisition of the parcel from Super America. All voted yes. THOMAS LAKE HEIGHTS REPLAT An application from Tri-Land Company for preliminary plat approval of Thomas Lake Heights Replat to shift lot lines from the original Thomas Lake Heights Plat for quadrominium units was then brought before the Council. Brad Swenson appeared on behalf of Tri-Land Company and introduced Per Dahlstrom, the Architect. It was noted the Advisory Planning Commission recommended approval subject to certain conditions. Mr. Dahlstrom stated that there is only a change in design of the buildings, particularly the exterior with small movement of the lot lines because of the irregular shapes of the structures. There being no objections, Egan moved, Thomas seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. All of the conditions originally agreed upon for the Thomas Lake Heights Plat shall be complied with. 2. A revised landscape plan shall be submitted and a revised landscape bond shall be calculated and not released until one year after the landscaping has been completed. 3. The revised plat shall be subject to all of the applicable condi- tions in the Blackhawk Park Planned Development Agreement. 4. All buildings shall have a minimum setback of 30 feet from Clemson Drive and there shall be a minimum of a 30 foot distance between quadrominium buildings. 5. One homeowners association shall control the Thomas Lake Heights development including the original plat and replat. 6. The buildings remaining to be constructed shall be of equal quality to the existing buildings and be of equal size or greater. All voted in favor. SEE PLAT FILE 8 Council Minutes July 19, 1983r CHARLES L. PARAMORE - WAIVER OF PLAT The application of Charles L. Paramore for waiver of plat to split a duplex lot on Lot 1, Block 3, Ches Mar 1st Addition came before the Council. The Advisory Planning Commission on June 28, 1983 recommended approval subject to conditions. Mr. Paramore was present and there were no objections to the application. Upon motion by Egan, seconded Wachter, it was resolved that the application be approved, subject to the following: R 83-44 1. All necessary easements shall be dedicated to the City as recom- mended by City staff. 2. Compliance with all applicable ordinances. All voted yea. LEXINGTON PLACE - PRELIMINARY PLAT REVISION The application of U. S. Homes for preliminary plat revision for Lexing- ton Place consisting of 84.6 acres of multiple development proposed to contain 240 dwelling units was then considered by the City Council. Dave Sellergren, attorney, appeared together with certain other representatives, including Chuck Winden, surveyor for the project. He reviewed the history indicating the preliminary plat was approved for Lexington Place in early 1982 providing for thirteen 24-unit buildings for a total of 312 units. Mr. Sellergren indicated there would be a reduction of 72 units with 16 unit, 12 unit and 8 unit buildings. The building would be reduced from 3 to 2 stories with no studio units, and prices in the upper $50,000.00 to $70,000.00 range. The reduction is from 9.61 units per acre to 8.19 units per acre. There were no objections to the application. The Advisory Planning Commission on July 12, 1983 recommended approval with certain conditions. Mr. Sellergren stated the developer agrees with the conditions imposed. Wachter moved, Smith seconded the motion to approve the application for preliminary plat approval, subject to the following conditions: 1. Cross easements and parking easements shall be provided on the lots which are served by common access with more than one dwelling unit. 2. The outside parking spaces shall be 10 x 20 feet and parking areas shall be surfaced with concrete curbing around the perimeter of the parking areas. 3. The homeowners association restrictions, articles and by-laws shall be submitted and reviewed by the staff prior to final plat approval of the first stage. 9 OC 2(4G Council Minutes July 19, 1983 4. The applicant shall submit a typical landscape plan for a unit. This landscape plan shall be adhered to and an adequate landscape bond shall be required and not released until one year after the landscaping has been completed. 5. Preliminary plat shall be reviewed by the Eagan Park Commission and subject to their recommendations. They shall also review the amenities the developer is proposing to install for the development. 6. Preliminary plat shall be subject to Dakota County Plat Commis- sion's review and comment, because the development abuts Lexington Avenue. 7. The green area between the parking area and rights-of-way shall be decreased to 10 feet as proposed, allowing for a deviation from standard city policy based on the need for a maximum amount of amenity in the central area of the plat. 8. All other City ordinances shall be adhered to. 9. Service for sanitary sewer shall be allowed through Tomark Addition for this proposed development, under the condition that the internal sanitary sewer system shall provide flexibility in allowing approximately 60% of this development to be redirected in the future through the Windcrest trunk system to the south. 10. A storm sewer system connecting the proposed northerly pond (DP-18) with the pond in the northwest corner of Yankee Doodle Road and Lexington Avenue (DP-5) shall be constructed as part of Phase I improvements by the City. 11. A positive gravity storm sewer outlet to service the property south of Duckwood Drive shall be constructed to Hurley Lake in addition to develop- ing the internal ponding area referenced as JP-45- 12. The construction of a 44 foot, 9 ton collector street for the extension of Duckwood Drive to the east plat line shall be the responsibility of this developer. 13. A 60 foot half right-of-way shall be dedicated for Lexington Avenue. An 80 foot right-of-way shall be dedicated for Duckwood Drive. 14. All related trunk area assessments and lateral benefits from exist- ing trunk utilities shall be levied in accordance with the Lexington Place Development Contract, to which these conditions are attached at the time of final plat approval, if not listed as a pending assessment under an approved project of the City of Eagan. 10 Council Minutes July 19, 1983 0C.27 15. Drainage/Ponding easements approved by the City shall be dedicated of sufficient size to incorporate the required storage capacities as follows: (DP-18 - 11.2 acre feet for controlled elevation of 876.0) (JP-45 - 7.8 acre feet with a controlled elevation of 890.3) 16. This development shall provide for a future storm sewer outlet from Pond JP-45 within the Carriage Hills Golf Course. 17. Ten foot drainage and utility easements shall be dedicated adjacent to all public rights-of-way and adjacent to private property lines. All voted yes. SEE PLAT FILE SUN CLIFF - PRELIMINARY PLAT The application of Advance Developers, Inc. for preliminary plat approval of Sun Cliff Addition, consisting of approximately 89.1 acres and containing 277 dwelling units was next considered. The Advisory Planning Commission heard the application on July 12, 1983 and recommended denial including those reasons contained in the Advisory Planning Commission minutes. Dave Sellergren was present and indicated that the proposal is to change the use from R-4 to R-1 plus a few duplex units, with a total of 274 units. He stated a meeting had been held with neighboring owners and that all single family homes would now be built on Beaver Dam Road with the exception of one duplex corner unit. The minimum width would be 60 feet at the building setback line. He further stated that there would be proposals for amendments to the planned development, including the extension of Beaver Dam Road southerly and also, the south area would be proposed to be transformed into a mixed development, including housing and commercial uses. He further requested that 20 foot setbacks be allowed on interior lots because the streets would be 60 feet in width, according to staff recommendation. Also, a trail would be eliminated to the pond to the north. Several neighbors were present and generally agreed with the proposal, with no objections. Mr. Sellergren stated that the intent of the applicant is to rezone each of the phases as the time of request for final plat approval. Thomas moved, Wachter seconded the motion to approve the application, subject to the following conditions: 1. The developer shall submit an application for variance for lots and internal streets for setback purposes. 2. The developer shall impose restrictive covenants for for maintenance of the duplexes, rather than the imposition of a requirement for Homeowners Association. 11 Council Minutes OC Z July 19, 1983 3. Deviation from lot size shall be in accordance with the exibit submitted stating all lot sizes within this development. 4. The 30 foot setback shall be allowed on Beaver Dam Road. 5. The parkland proposal shall be reviewed by the Park Commission and be subject to their recommendation. 6. The development agreement shall be signed prior to the application of final plat. 7. The plat shall be reviewed by the Dakota County Plat Commission because it abuts a County Road. 8. All other applicable ordinances shall be complied with. 9. All easements shall be dedicated as requested by City staff. All voted in favor. SEE PLAT FILE VALLEY RIDGE TOWNHOMES - PRELIMINARY PLAT - The application of Valley Ridge Townhomes and Gerald Hartman for pre- liminary plat approval of Valley Ridge Townhomes to allow an existing town- house development to be sold for owner/occupancy consisting of approximately 10.7 acres and containing 100 dwelling units was considered by the Council. The hearing was held before the Advisory Planning Commission on July 12, 1983 recommending approval, subject to certain conditions. Wayne Cordes, Surveyor, and Gerald Hartman were present. They stated that the construction of the units took place for rental purposes in 1975 and the intent now is to sub- divide so that the units can be sold. About $200,000.00 to $300,000.00 in improvements have taken place on the property. There were no objections to the proposal, but it was noted that a boundary line dispute has arisen along the west boundary. There being no objections, Egan moved, Thomas seconded the motion to approve the application, subject to the following conditions: 1. The City Attorney shall approve the Declaration of Covenants, Condi- tions, Restrictions and Homeowner Association's Articles. 2. All easements shall be dedicated to the City as requested by City staff. 3. The developer shall comply with all applicable ordinances. 4. Purchasers of townhome units shall be advised of the westerly boundary dispute prior to such purchase. All voted yes. SEE PLAT FILE 12 Council Minutes July 19, 1983 LEVI HEUER - WAIVER OF PLAT The application of Levi Heuer for waiver of plat for the five acre lot size requirement in an unsewered area, including a special permit to move a house and building permit for a pole shed and transfer of a trailer permit was considered by the Council. Mr. Heuer was present as was his son, Richard Heuer, who explained that the I-35E right-of-way is now relocating Mr. Heuer and he will be required to vacate his current home during the coming fall. A variance from the procedure was requested for. the plat waiver and Mr. Heuer submitted a letter signed by adjoining owners who indicated they did not oppose the application. There was discussion concerning the need for the Planning Commission to review the application and it was requested that the information be transmitted to the Planning Commission. Wachter moved, Egan seconded the motion to approve the waiver of plat, including the variance from the procedural requirements, and the application for the other permits re- quested by Mr. Heuer were approved, subject to the following requirements: 1. The property shall not be further subdivided until sewer and water are available to the site. 2. The applicant shall locate the house and trailer and proposed garage in accordance with the overlay for future plan, in order that when utilities are available, the applicant can maximize the land use of the site. 3. The parcel shall be included with the platting of the property either to the east or the west when this area is further subdivided. All voted yes. A plan for the future subdivision of the property was also submitted and reviewed by the Council. R 83-45 HILLCREST ADDITION - FINAL PLAT The application of Parranto Associates, Inc. for final plat approval of Hillcrest Addition was submitted to the Council. The staff is working with the Developer to obtain more detailed information pertaining to the grading plan and the impact on the adjacent lots within Twin View Manor, east of Richards Lane. Smith moved, Egan seconded the motion to approve the applica- tion for final plat, subject to compliance with the necessary City ordinances. All voted yea. R 83-46 13 00210 Council Minutes July 19, 1983 EAGANDALE OFFICE PARK - FINAL PLAT The application of Northwestern Mutual Life Insurance Co. for final plat approval of the proposed Eagandale Office Park came next before the Council. Mr. Hedges stated that negotiations have taken place between the applicant and City staff, particularly concerning the park dedication requirement for com- mercial/industrial property. The proposed Development Agreement requiring the park contribution was discussed and a-letter from Robert Silverman, attorney for the applicant, was also reviewed. It was suggested by Mr. Silverman, who was present, together with Tom Davis of Northwestern Mutual, and Bob Worthington of Opus Corporation, that the applicant would satisfy the park dedication requirements for Eagandale Office Park, but would not waive the right to contest park dedication requirements for other land owned by the developer in the City of Eagan in the future. City Attorney Paul Hauge also discussed with the Council the potential for a future contest on park dedica- tion and Councilmembers indicated they saw no objection to the proposed guarantee of satisfaction of park dedication for the current plat. Smith moved, Wachter seconded the motion to approve the application for final plat, subject to compliance with the necessary city ordinances, including park dedication, with the understanding that the development agreement may be amended to provide for wording whereby the developer will not waive any right to contest the park dedication policy regarding any land, other than Eagandale Office Park owned by the developer within the City. All voted yes. R 83-47 CHARKIST CORPORATION - WINE AND BEER LICENSE The application of Charkist Corporation and Patricia Leahy, who was present at the meeting for on-sale wine and on-sale 3.2 beer license for Charkist to be located at 1975 Seneca Road, was considered by the Council. The staff recommended approval after investigation and satisfaction with all ordinance requirements. There being no objections, Egan moved, Thomas seconded the motion to approve the application, subject to compliance with all necessary City requirements. All voted yes. MARRIOTT HOMES, INC. - TEMPORARY ADVERTISING SIGN An application from Marriott Homes, Inc. for two advertising signs for Tiberon Addition on Cliff Road was presented to the Council. A representative was present and there were no objections. One sign will be 14 feet above grade at 1840 Cliff Road, and the other 20 feet above grade at 1625 Cliff Road. Smith moved, Thomas seconded the motion to approve the application for a two year period, subject to sign ordinance compliance. 14 f_? . Council Minutes July 19, 1983 RAGAN INDUSTRIAL ROAD & TRAPP ROAD - VACATION HEARING The public hearing regarding the request of Northwestern Mutual Life Insurance Co. for vacation of drainage and utility easements and road right- of-way over a portion of Eagan Industrial Road and Trapp Road was next con- vened by the Mayor. It was noted the hearing had been continued earlier in the meeting and was now reconvened, noting that the final plat had now been approved for this subdivision. Upon motion by Egan, seconded Thomas, it was resolved that the hearing be closed and that the Council approve the vacation of the easements and authorize the execution of the proper resolution. All voted yes. R 83-48 OAKWOOD HEIGHTS 2ND ADDITION - FINAL PLAT The application for final plat approval of Oakwood Heights 2nd Addition by Countryside Builders was submitted to the City and recommended for approval by the staff. Upon motion by Thomas, seconded Egan, it was resolved that the application be approved, with the understanding, however, that the homeowners association recommendation be implemented to the staff's satisfaction and that a disclaimer letter be sent to the applicant indicating the City would not be responsible for the implementation of the Homeowners Association requirements. All voted in favor. R 83-49 BRITTANY 6TH ADDITION - GRADING PERMIT An application had been submitted by Tollefson Builders, Inc. for grading permit for Brittany 6th Addition. All necessary requirements had been ful- filled and the staff recommended approval. Thomas moved, Wachter seconded the motion to approve the application for grading and excavation permit as sub- mitted by the applicant. All voted in favor. 1983 SEAL COATING - CONTRACT #83-10 Bids have now been received for seal coating streets in the City under Contract #83-10 and the low bid was well below the estimate. It was recom- mended that the low bidder, Allied Blacktop Co.'s bid, less the deduct, be approved. Upon motion by Wachter, seconded Egan, it was resolved that the low bid of Allied Blacktop Co. with base bid of $92,624.00, less alternate deduct of $5,513.64 be approved, with $55,000.00 of the bid being allocated from street maintenance funds and the balance from major street construction fund. All voted in favor. 15 (J(i 2 ? Council Minutes July 19, 1983 BLACKHAWK ROAD - STREETS & UTILITIES - CONTRACT #83-8 Bids were received on July 14, 1983 for various improvements covering Blackhawk Road between Cliff Road and Diffley Road and it was noted that only two bids were submitted. The staff members indicated that all easements have not been acquired but it is expected they will be acquired very shortly. They further recommended that the low bid of of Austin P. Keller Construction Co. in the amount of $516,444.00 be approved. Wachter moved, Egan seconded the motion to approve the low bid as recommended by the staff. All voted in favor. CONTRACT #83-12 - FILLCREST ADDITION The plans and specifications for Contract #83-12 covering street and utility improvements in Hillcrest Addition have been completed. Egan moved, Blomquist seconded the motion to approve the plans and specifications covering the contract and to authorize the Clerk to advertise for bids in the legal newspaper to be opened at 10:30 a.m. on Thursday, August 11, 1983 at the Eagan City Hall. All voted in favor. SCHOOL DISTRICT #196 - MOVING PERMIT A letter was read from acting Superintendent Harold Bergquist from Inde- pendent School District #196 requesting a permit to move a portable classroom to be used at Northview Elementary School. He noted that the District was not aware that a permit was required and the building is ready to be moved and should be moved soon in order to avoid damage to the portable building. Thomas moved, Egan seconded the motion to approve the application, subject to the following: 1. Obtaining all permits necessary for moving the classroom into the City of Eagan. 2. The permit shall be granted for two years or reviewed prior to the expiration of the two years for continuation of the temporary facility at that site. All voted yea. 16 213 Council Minutes July 19, 1983 PUBLIC WORKS MAINTENANCE VEHICLES On July 14, 1983 the City staff received formal bid quotations for the purchase of four public works maintenance vehicles for the streets and utilities departments. Several bids deviated from the specs and the Public Works Director recommended that the deviation from the standard specs sub- mitted by Superior Ford for the one-ton vehicles be rejected. It was recom- mended that the contracts be awarded for the vehicle acquisitions to the low bidder with the exception of the one-ton dump truck, which does not meet the specs and the following was recommended for approval: 3/4 Ton Pick-up for $8,991.00 from Superior Ford; 2 each, One-ton Dump Trucks from Joe O'Brien Chevrolet for a total of $25,487.00. F-8,000 - 34,000 GVW Dump Truck from Superior Ford for $27,192.00. Wachter moved, Thomas seconded the motion to approve the recommendation and authorize the entry into the Contracts for the acquisition of the equip- ment, with the understanding that one of the one-ton dump trucks and the 3/4 ton pick-up will be purchased from the General Operating Budget and the balance of the equipment through Equipment Certificates. All voted yes. PORTFOLIO HOMES A request from Portfolio Homes, which is engaged to do the marketing for Windcrest subdivision requesting a location for an advertising sign on the City Hall property at Pilot Knob Road and Wescott Road was discussed by the Council. Because of the precedent that could be set and the potential number of signs that could be requested for City property and also the image that it could create on City property, City Council members indicated they would not be willing to place private advertising signs on the property. NORTHVIEW ATHLETIC FIELD FENCE Park Director Ken Vraa requested authority from the Council for the payment of up to $6,000.00 for the construction of a chain link fence around the Northview Athletic Fields. It is proposed that 50% of the cost will be acquired from the teams that use the field, and a 50% match from the City. Upon motion by Smith, seconded Thomas, it was resolved that the recommendation be approved and that the City portion be paid from the park site and develop- ment fund. All voted yes. 17 00214 Council Minutes July 19, 1983 ART RAHN - SPECIAL ASSESSMENT COMMITTEE A request from Art Rahn resigning from the Special Assessment Committee was upon motion by Egan, seconded Smith, reluctantly accepted and the staff was directed to send a letter thanking him for his service on the Committee. All voted in favor. Staff was also requested to consider a replacement for Mr. Rahn. WOLD CHAMBERLAIN AIRPORT RUNWAY - SPECIAL HAULING PERMIT A request from Palda & Sons, Inc., general contractor performing the runway extension repair at the Metropolitan Airport and also from L & D Trucking, Inc. which will be the subcontractor performing fill material and disposal of excess material from the project for a special permit to operate trucks between 6:00 p.m. and 6:00 a.m. from September 1, 1983 through Septem- ber 21, 1983 was considered by the Council. Council members expressed the potential for objections from affected property owners and Wachter moved, Blomquist seconded the motion to request further clarification of the need for the night hours and also that the affected property owners be contacted about the request for the permit. All voted yes. CHECKLIST Egan moved, Wachter seconded the motion to approve the following checklists dated: June 30 and July 19, 1983 All voted in favor. ADJOURNMENT Wachter moved, Egan seconded the motion to adjourn the meeting at 12:05 p.m. All voted yea. PHH City rk 18