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06/19/1984 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JUNE 19, 1984 A regular meeting of the Eagan City Council was held on Tuesday, June 19, 1984 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and City Councilmembers Smith, Wachter and Thomas. Absent was Councilmember Egan who was excused. Also present were City Administrator Hedges, Public Works Director Colbert, City Planner Runkle, Consulting Engineer Rosene and City Attorney Hauge. AGENDA Thomas moved, Wachter seconded the motion to approve the Agenda as pre- pared. All voted yea. MINUTES March 27, 1984 - Special Meeting. Smith moved, Thomas seconded the motion to approve the minutes. All votd in favor. June 5, 1984 _ Regular Meeting. Thomas moved, Smith seconded the motion to approve the minutes as prepared. All voted yes. PAM & RECREATION DEPARTMENT City Administrator Thomas Hedges reviewed with the Council alternatives that have been discussed regarding staffing relative to the development projects that will be approved as a part of the overall Park Bond Referendum. The alternatives were included in the report submitted by Ken Vraa, the Park Director, and a rough draft of the position description with three alternates included an outside consulting firm, an internal landscape architect and project manager. Ken Vraa was also present and discussed the alternates and answered Councilmember's questions. The Advisory Parks and Recreation Commis- sion recommended the internal landscape architect with some consulting ser- vices for specific projects. Councilman Wachter commented about the use of an ouside consultant versus an employee and the potential for the employee continuing employment after completion of the projects. Mr. Vraa stated that the consulting engineers would be utilized for specific technical work and also recommended one or two persons for internal landscape architect purposes on a limited time basis with a maximum term for the project. Councilman Smith moved, Thomas seconded the motion to approve the alternative and provide the necessary staffing to implement development work as a part of the Park Refer- endum Bond Issue, utilizing internal landscape architects and authorize the staff to proceed to advertise for the position. All voted in favor. 1 s " ~,Sd fir... Council Minutes June 19, 1984 CONSENT AGENDA The following consent agenda items were presented and recommended for approval: 1. Contractors' Licenses. A schedule of licenses for contractors for heating and ventilating, general contractors and plumbing contractors was submitted and recommended that it be approved. 2. Fourth of July Association - Non-Intoxicating Liquor License. An application was submitted by the Fourth of July Association for a non-intoxi- cating malt liquor license for the Eagan 4th of July celebration, July 1 through July 4 and it was recommended that it be approved. 3. Personnel Items. The following persons were recommended to be hired as temporary full-time employees during the summer months of 1984: James L. Hatterman - Utility Maintenance; John Ojala - Street Maintenance; John Strand - Street Maintenance; Richard Ohland - Street Maintenance; Vie Rolfing - Street Maintenance; Richard.Robohm - Utility Maintenance. 4. Lexington Place 2nd Addition - Final Plat. The application for final plat approval of Lexington Place 2nd Addition by U. S. Homes Corporation consisting of the replat of Lot 1, Block 3, Lexington Place 1st Addition, was submitted and recommended to be approved. R 84-34.13 5. Lexington Place South - Final Plat. The next application for final plat approval was also submitted by U. S. Homes Corporation covering Lexington Place South Addition. The staff reviewed the application and recommended approval, subject to compliance with all City requirements. R 84-34.14 6. Brittany 7th Addition - Project #409. A feasibility report has been received covering Brittany 7th Addition streets and utilities and it was recommended that the report be received and that a public hearing be scheduled for July 17, 1984 at 7:00 p.m. at the City Hall. 7. Patrick Eagan Park - Birch Park Addition - Project #411 - Storm Sewer. The city council has authorized the preparation of a feasibility report for Project #411 consisting of storm sewer trunk improvements in the Patrick Eagan Park-Birch Park Addition in the McCarthy area. The feasibility report has been completed and it was recommended that the report be accepted and that the public hearing be scheduled for July 17, 1984 at 7:00 p.m. at the Eagan Municipal Center. 8. Cedar Cliff Commercial Park - Project #415. A petition has been received requesting a feasibility report by Federal Land Company and Durnflan, Inc. for the installation of streets and utilities for the internal public roads to service the proposed Cedar Cliff Commercial Park. It was recommended the petition be received and that the feasibility report be authorized for Project #415. 2 Council Minutes June 19, 1984 Thomas moved, Wachter seconded the motion to approve the foregoing con- sent agenda items and authorize their implementation and execution of the necessary documents. All voted in favor. JULY 4th ASSOCIATION CONTRIBUTION The Council has received a request from the 4th of July Association for contribution to the July 4 festivities and Councilman Wachter suggested in- creasing the amount from $500.00 to $600.00. Wachter moved, Smith seconded the motion to authorize the sum of $600.00 be appropriated to the 4th of July Association for the Eagan 4th of July celebration in 1984. All voted yes. HACKMORE DRIVE - PROJECT #406 - FEASIBILITY REPORT A petition, received from Gary King of 790 Hackmore Drive requesting the preparation of a feasibility report for the installation of streets and utiliies within Hackmore Drive, was brought before the Council. It was noted that Minnesota Statutes require that the project is ordered in by a 4/5th vote of the Council where the Petitioners represent less than 35% of the frontage proposed to be assessed. It was noted that Mr. King does not control 35% of the total frontage on Hackmore Drive. Councilman Wachter stated he was opposed to the project because of objections to the project. Smith moved, Thomas seconded the motion to receive the feasibility report and authorize the public hearing to be scheduled on July 17, 1984 at 7:00 p.m. at the Municipal Center. Those in favor were Smith, Thomas and Blomquist; Wachter voted no. YANKEE DOODLE RESERVOIR - REPAINTING - CONTRACT #84-4 A proposed Change Order with the addition in Part A of $400.00 and deduct under Part B of $3,600.00 regarding painting on the Yankee Doodle Reservoir was submitted to the Council. It was recommended the Change Order covering Parts 1 and 2 be approved with the total deduct of $3,200.00. Wachter moved, Smith seconded the motion to approve the Change Order covering Parts 1 and 2 with the total deduct of $3,200.00. All voted in favor. 3 Council Minutes June 19, 1984 SILVER BELL ROAD - PROJECT #399 Mayor Bea Blomquist convened the public hearing concerning street repair and upgrading for Project #399 consisting of Silver Bell Road. Tom Colbert, the Public Works Director detailed the feasibility report and noted that the proposal is to combine overlay with various sub-grade correction and surface repair. He also reviewed the proposed assessments, including the multiple family projects along Silver Bell Road and the method proposed for the assess- ment. He stated that the third and final phase has yet to be constructed for the community collector street to bring it up to 9 ton status. Assessments for the multiple units are from $62.00 to $328.00 per unit. There were questions about the repair work and the assessments and noting no objections, after discussion, Smith moved, Wachter seconded the motion to close the public hearing, to approve Project #399 and to authorize the preparation of detailed plans and specifications. All voted in favor. WOODRIDGE PROPERTIES - MULTI-FAMILY HOUSING PROJECT The Mayor convened the public hearing regarding the application which has been received from Woodridge Limited Partnership for approval of $9,500,000.00 in multi-family housing revenue bonds for the construction of 210 units of rental housing located at the southwest corner of the intersection of Letendre Street and Coachman Road. The City would be a facilitator for the type of bonding program allowing tax-exempt status and Mr. Hedges outlined the propo- sal by the applicants. Marcia Cohodes from Miller & Schroeder was present and explained that Miller & Schroeder will purchase the bonds from the City. She noted that the interest rate is 9 3/4% plus the credit enhancement charged by Fanny Mae at 3/4%. Steve Wilson of Brutger Companies of St. Cloud, the developer, was present and stated that 6 to 8 handicapped units will be included. There was discussion also about the proposal for tax increment financing which Mr. Wilson stated is a possibility, but no application has been submitted. The proposal would not include land write downs. After review, Wachter moved, Thomas seconded the motion to close the hearing and approve the application providing for $9,500,000.00 of multi-family revenue housing bonds. All voted in favor. CINNAMON RIDGE - MULTI-FAMILY HOUSING BONDS The next public hearing convened by the Mayor concerned the application of Cinnamon Ridge Limited Partnership for the approval of multi-family housing revenue bonds in the amount of $12,500,000.00 for the proposed Cinnamon Ridge Apartment project north of Cliff Road. Mr. Hedges stated that a question was raised by the Can-American Group seeking the bonds as to whether a different bond firm could be used to underwrite the issue. The Finance Committee met on Tuesday, June 12, 1984 and it was learned that Can-American Group intends now 4 elk Council Minutes June 19, 1984 to use Miller & Schroeder Municipals, Inc. to underwrite the housing revenue bond issue. Can-American also intends to request tax increment revenue finan- cing to assist in the total package, and it was noted that the tax increment revenue financing differs from the tax increment general obligation bonds previously utilized by the City with the proposed race facility. Complete documentation has not been prepared for the industrial revenue multi-family housing. A TIF revenue bond application is anticipated and therefore it was recommended that the hearing be continued until July 2, 1984. Representatives of Can-American Group were present. Smith moved, Wachter seconded the motion to continue further action on the application until July 2, 1984. All voted yes. SPERRY SEMICONDUCTOR PLANT - NOISE COMPLAINTS The next issue to be brought before the Council dealt with the Timberline Civic Association request to review the level of noise emissions at the Sperry Semiconductor plant. Tom Hedges explained that on May 1, 1984 the City Council discussed the issue with representatives of Sperry and neighboring property owners and asked that Sperry submit a detailed analysis of the noise problem at the plant. A meeting was held between Sperry representatives and property owners, including certain representatives of the City on May 16, at which time Dr. Richard VanDoern was present, as was Dave Kelso from the MPCA. Ed Michaud from Sperry presented the report dated June 15, 1984 in which Sperry reviewed the study of Dr. VanDoern, including the determination of the sound levels from Sperry, monitoring of the rooftop sound levels, the determi- nation of the individual sound sources and an analysis and recommendation to Sperry regarding sound reduction alternatives. Included in the report was a noise abatement time schedule indicating that all proposed revisions, includ- ing the sound barrier wall, the scrubber stack attenuator and secondary source reductions would be completed approximately by the end of October, 1984. He stated that an attempt will be made to move the process along as quickly as possible. Dave Kelso of the MPCA was present and read the report and stated he had no further information but had only limited background because Dr. VanDoern's actual report to Sperry was not disclosed to the City. John Gustin of the Timberline Association stated that neither the City nor the residents have substantive information to review and that he suspected that Sperry was not implementing all of the recommendations of Dr. VanDoern. Several other representatives of Sperry were present, including Dr. VanDoern. Councilman Smith stated he was concerned about the time frames and Mr. Michaud said that Sperry will pursue the issue to a point where it is not bothersome to the neighbors. Dr. VanDoern stated he could not answer precisely whether the proposals will resolve the problem, but there should be a substantial reduction in the noise emanating from the plant. A question was asked by Tom Nikolai whether Sperry would compensate the neighbors for their losses and Mr. Michaud stated that he could not answer at this time. Monitoring of noise levels will continue, according to Mr. Michaud, and they will give updated reports to the City periodically. 5 Council Minutes June 19, 1984 PHEASANT KNOLL TOWNHOMES - PRELIMINARY PLAT The application of Dunn Real Estate Management, Inc. for preliminary plat of Pheasant Knoll Townhomes was then brought before the Council. Mr. Hedges and Mr. Runkle detailed the application to the Council and indicated that 14 units will have access directly from County Road #30. Mr. Runkle noted that the building coverage is 23% and therefore would require a 3% variance in excess of the standard allowable coverage, according to the ordinance. He described the access to Diffley Road and stated that the north-south internal private street has been redesigned, moving it 30 feet to the west. The private drive from the public access street leading to the park will be maintained by the Homeowners Association in the winter, and a homeowners association restriction should include such a provision. The new access from Diffley Road has been recommended by the Advisory Park and Recreation Commit- tee but has not been reviewed by the Advisory Planning Commission. A number of neighboring property owners were present objecting to certain aspects of the proposal. The nearest house from the edge of the water is 60 to 70 feet, according to Mr. Boshart, a representative of the applicant. He also stated that an envirofence to prevent erosion will be constructed and that hay bales will also be used. Councilman Smith recommended a stubbed street be provided to the triangular parcel to the west but Mr. Colbert stated that the internal private streets would not be conducive to a stubbed street to the west. Several neighbors asked whether all trees will be retained, and Mr. Boshart stated that all significant trees along the slope will be saved. There were objections to the amount of expected traffic, and it appeared that a number of trees would be removed. Mayor Blomquist explained that the zoning was in existence and one neighbor indicated that information given by the City was not accurate as to the actual zoning. The builder will be Dunn Real Estate Management, Inc., according to Mr. Boshart. Smith moved, Wachter seconded the motion to approve the application for preliminary plat approval of Pheasant Knoll Addition, subject to the following conditions: 1. The developer will work with the staff and Dan Dolan to develop a stub access to the west for street purposes. 2. A proposed plan for the removal of trees from the site will be submitted to the staff for approval prior to removal of any trees. 3. A development agreement shall be required and signed prior to the construction of any of the dwelling units. 4. A detailed grading, drainage and erosion control plan shall be submitted and approved by City Staff prior to final plat approval. 6 Council Minutes June 19, 1984 5. The Homeowners Association articles, by-laws and restrictions shall be submitted to the City for review prior to the final plat application. A variance from the 20% lot coverage shall be granted in order to allow the double car garage per dwelling unit. 6. The applicant shall dedicate adequate rights-of-way for Thomas Lake Road and Diffley Road (County Road 30) and also provide all easements as requested by City staff. 7. A detailed landscape plan shall be submitted and an adequate land- scape bond shall be required and not released until one year after the land- scaping has been completed. 8. The Park Committee shall review this proposed cul-de-sac street and determine how this proposed development would fit into the overall Park Master Plan for Heine Lake Park. 9. The Dakota County Plat Commission shall review and comment upon the application. 10. No internal drainage from streets and parking lots will be allowed to be diverted into Heine Pond. 11. No watermain should be looped through this site as referenced in the Engineering Report. 12. Sewer, water and storm sewer stubs to the west property line of this development shall be installed. 13. The private street from Thomas Lake Road to where it branches shall be a minimum of 36 feet wide. 14. The remaining interior private street shall be a minimum of 20 feet wide. 15. All private streets shall be constructed to City standards with concrete curb and gutter. 16. If required by the Park Commission, an 8 foot trailway will be required from Thomas Lake Road to the proposed cul-de-sac street. 17. A 55 foot half right-of-way shall be dedicated for County Road 30. 18. A full 50 foot right-of-way shall be dedicated for the radius of 55 feet. 19. Easements of sufficient width shall be dedicated over all City maintained utilities. 7 Council Minutes June 19, 1984 20. A 10 foot trailway easement shall be dedicated adjacent County Road 30 and over the internal trailway if it is required. 21. Additional easements shall be dedicated as referenced in the Engineering Report and required by staff. 22. This development shall be responsible for the lateral benefit assessment from trunk watermain at the rate in effect at the time of final plat approval. 23. This development shall be responsible for a multiple equivalent street assessment at the rate in effect at the time of final plat approval for County Road 30 upgrading. 24. All costs for internal streets and utilities, including the cul-de- sac street, will be the sole responsibility of this development. 25. The cul-de-sac access to Diffley Road shall be reviewed by the Dakota County Highway Department. 26. The parkland credit, upon verification, shall be credited to the Blackhawk Park P.U.D. Shortages of parkland shall be made up in future dedi- cations at Blackhawk Park/Blackhawk Lake. 27. A trail easement shall be provided along County Road 30. 28. The private road and cul-de-sac shall be the sole responsibility of the developer and Homeowners Association and the public street from County Road 30 be the association's responsibility for winter maintenance. 29. The developer shall be required to erect "Envirofence" as well as temporary and permanent seeding measures to guard against erosion. All members voted in favor. SEE PLAT FILE BIRCH PARK ADDITION AND PILOT POINTE ADDITION - PRELIMINARY PLATS The application of Sienna Corporation for preliminary plat approval of Birch Park Addition consisting of approximately 43 acres and containing 77 dwelling units in Windcrest 2nd Addition was submitted to the Council. Dale Runkle reviewed the application and indicated that the proposal now is to reduce the number of dwelling units from 77 to 73, with a combination of certain units along several of the proposed lots bordering Deerwood Drive. The number of units reduced from the original plan will be 27. Four-plex and twin-home lots are being replatted to single family on the northern portion of the proposed plat. Two important changes will be the elimination of Fawn Ridge Drive and accesses to Deerwood Drive are being changed to provide for two accesses to the four 200 foot lots along the westerly portion of Deerwood Drive. 8 Council Minutes June 19, 1984 A large number of neighboring property owners were present with questions and some objections. Ron Boyle commented upon the impact on the residents on the south side of Deerwood, which are all 5 acre lots and recommended that all lots on the north side of Deerwood consist of estate size lots. He emphasized the need to maintain beauty and continuity, but it was noted the City Council cannot compel estate sized lots. He also had questions as to the change in design and elimination of Fawn Ridge Drive. There were concerns about the cul-de-sac on the east and the number of lots included, but it appeared that there was no change in the number of lots in that location. There were questions as to who would be assessed for the Deerwood Drive improvements and neighbors thought that the developer of Windcrest would be responsible for all of the street improvements. They also indicated they would prefer to reduce the width of proposed Deerwood Drive which would reduce the steepness of their driveways on the south side. Doris Wilkins, an Advisory Planning Commission member, appeared and indicated she was not able to be present at the last Planning Commission meeting but had objections to the elimination of Fawn Ridge Drive. It was noted that soil conditions, topography and trees would make it uneconomical and unfeasible to develop that street according to the developer. There were also questions about the grade of the proposed Pilot Pointe plat to the west and the Council then considered also the application of Sienna Corporation for the preliminary plat approval for Pilot Pointe consist- ing of 8.8 acres and containing 20 single family lots. A letter from Ted and Alyce Bolke expressing concerns about the Pilot Pointe development was read to the Council. Mr. Runkle explained the Pilot Pointe proposal and indicated that one lot variance setback was requested along Pilot Knob Road. He ex- plained that proposed fill would be brought in from the I-35E construction. He stated the only previous access would have been from the east and therefore Fawn Ridge Drive is not required for access, noting that Dakota County has now consented to access directly to Pilot Knob Road. Mayor Blomquist was con- cerned about access to the north of Pilot Pointe due to the terrain differen- tial and also the fact that neighbors in that area appeared to object to such a connection. She also stated she felt the westerly access running north would be better than the more easterly access. Mr. Colbert recommended the access to the north be moved east because of less grade differential. Mr. Honsa, a neighbor, stated that it would not be feasible to put in Fawn Ridge Drive as proposed because of the pond located on the west end of Birch Park Addition. He also indicated he felt it would be a mistake to fill the Pilot Pointe property. It was noted there would be a common drainageway on the north and south lines of the proposed plat. Miriam Nall, a neighbor, appeared and was concerned about the low area east of their property on the south side of Pilot Pointe where water ponds. Mr. Colbert noted that the drainage area will be reduced in the back yards of the proposed lots because front yard drainage will run to the center street. Soil erosion concerns, traffic on Pilot Knob Road and also safety issues were discussed by neighbors and council members. 9 Council Minutes June 19, 1984 Rod Hardy of Sienna Corporation was present and stated the purchase agreement has been entered into with the owners of the Windcrest Addition, conditioned upon some changes in layout. He stated the cost of Fawn Ridge is prohibitive, that for topographic reasons and the number of trees that would be required to be removed, construction of Fawn Ridge Drive is unfeasible. He also indicated that a large amount of material is now available but that the existing boundaries on the north and south sides of Pilot Pointe will not be changed. Councilman Smith stated that there should be two accesses to Pilot Point, including that to the east, and without two accesses the cul-de-sac may be excessive in length. After lengthy discussion, Wachter moved, Blomquist seconded the motion to continue the application for approval of the Pilot Pointe preliminary plat and Birch Park preliminary plat until the July 2, 1984 regular council meeting to allow the staff to submit additional information concerning grades and access locations to the property north of Pilot Pointe. All voted in favor. SEE PLAT FILE SOUTH OAKS POND WATER ELEVATION At the May 15, 1984 council meeting several members expressed concern about the stabilization of the water elevation of South Oaks Pond (LP-49) located north of Cliff Road. Elevation findings beginning on May 26, 1983 to the present were included in the packet, including a letter dated June 14, 1984 from Bob Rosene, the consulting engineer, concerning the issue. The City's position is that it has had a positive effect evidenced in the steps taken but that there is some seepage and it is very difficult to find. The control elevation has raised about 1 1/2 feet higher than previously. There has been some fluctuation and 30% of the drainage area has been eliminated. Mr. Colbert recommended continued monitoring of the pond and indicated that some of the solutions are prohibitively expensive. Wachter moved, Blomquist seconded the motion to continue the monitoring and also the dye testing if the residents approve. All voted in favor. THOMAS RAFNER - CEDAR GROVE NO. 3 - VARIANCE The application of Thomas Hafner for 3 foot variance from 5 foot garage sideyard setback covering Lot 19, Block 7, Cedar Grove No. 3 was presented to the Council. The applicant proposed to expand his existing single garage into a double garage and there were no objections. Smith moved, Thomas seconded the motion to approve the application, subject to all other ordinance require- ments. All voted in favor. 10 Council Minutes June 19, 1984 EZ MINI STORAGE - BUILDING PERMIT A request has been received from Nolan and Nolan to construct an EZ Mini Storage addition to the property on Highway #13 and Cedar Avenue. One of the conditions in granting the EZ Mini Storage permit initially was that the property be platted in conjunction with the issuance of a building permit. The platting was not completed and the staff now recommended that any approval be subject to platting. Upon motion by Wachter, seconded Thomas, it was resolved that the application be approved subject to compliance with all necessary ordinances and that the platting of the entire parcel be completed prior to occupancy or use of the premises. All voted in favor. HARVEY BRAUN PROPERTY - STORAGE OBJECTIONS City Council members had received a citizen's complaint from Leonard Walz concerning open storage on the Harvey Braun property adjacent to the Walz property in Drexel Heights. Discussion has taken place between Mr. Braun and Mr. Walz and several neighboring property owners were present at the Council meeting as were Mrs. Mary Braun and Robert Braun, her son. Mr. Braun stated the property was bought in 1951 and that Harvy Braun had operated as a con- tractor from the site for many years. Mary Braun indicated that the corpora- tion has been operating less than 10 years and that the owners would build a fence if acceptable to the City. Harvey Braun indicated to the Council at an earlier time that he would work out the problems with the neighbors and the Councilmembers expected the property to be cleaned up some months ago. There was discussion concerning non-conforming uses and whether the property was a non-conforming use strictly under the City Ordinance. It was noted a number of changes in use had taken place on the property over the years. No action was taken and it was suggested the neighbors attempt to resolve the problem. CONTRACT #83-13 - LEXINGTON AVENUE BOOSTER STATION The plans and specifications for the Lexington Avenue Booster Station were submitted and it was recommended the council approve them, and further, that the Council authorize a bid opening for 10:30 a.m. on Friday, July 14, 1984 at the Eagan Municipal Center. Wachter moved, Smith seconded the motion to approve the plans and authorize the advertisement of bids. All voted in favor. Wachter then moved, Thomas seconded the motion to provide for the sign on the booster station with quotes to be acquired with future approval by the City Council. All voted yes. 11 Council Minutes June 19, 1984'; r,. CABLE TELEVISION COMMISSION UPDATE Councilman Smith gave a brief update on the status of the Cable Commis- sion, indicating that a full time cable administrator is being proposed. He stated that 25% to 30% of the system is expected to be in operation this fall and construction has now started within Eagan. Jim Horne was present and was concerned about poles installed by the Cable Commission on the west side of Pilot Knob Road. COACHMAN ROAD/SILVER BELL ROAD - CONTRACT #84-10 The plans and specifications for Contract #84-10 consisting of road improvements for Silver Bell and Coachman Roads were submitted to the Council and staff recommended approval. Thomas moved, Wachter seconded the motion to approve the detailed plans and authorize the advertisement of bids to be opened at 10:30 a.m. on July 27, 1984 at the City Municipal Center. All voted in favor. ROSE HILL ADDITION - CONTRACT #84-12 The bids have now been received for the Rose Hill Addition utility and street improvements and the low bidder is Widmer Bros. in the amount of $93,635.50. It was recommended the low bidder be awarded the contract and Wachter moved, Thomas seconded the motion to approve the recommendation. All voted in favor. CUSTOM! ENERGY HOMES - OAK CHASE ADDITION A representative of Custom Energy Homes was present and requested a variance for hardship reasons an an emergency basis of 19 feet from a 30 foot setback on a new home being constructed within Oak Chase. Letters from all neighbors approving the variance, except one neighbor, were submitted. It was noted noted that 5 oak trees would be required to be taken and without the variance the house would be closer to a neighbor whose house is 10 feet from the property line. Smith moved, Thomas seconded the motion to approve the variance for hardship purposes provided that signatures are submitted from all owners within 200 feet approving the variance, and further subject to the formal hearing process; further, it was understood that construction can commence as soon as all signatures are acquired. All voted in favor. 12 Council Minutes June 19, 1984 ODELL VS. CITY OF EAGAN The city attorney's office submitted a proposed Resolution authorizing the platting of the Odell property consisting of McCarthy Ridge Addition, subject to certain conditions, according to the Supreme Court ruling. Also, a resume' of the expenses that have been approved by the District Court were submitted for approval. Thomas moved, Wachter seconded the motion to approve the Resolution as submitted. All voted in favor. Thomas then moved, Smith seconded the motion to approve the expenses directed by the District Court in the amount of $639.20, rather than $1,922.71 requested by the applicants. All voted yes. R 84-34.12 ENGINEERING AID INTERNSHIP The staff has recommended that the City Council authorize the continua- tion of the internship for the engineering special assessment division aid for an additional six months during calendar year 1984. Thomas moved, Wachter seconded the motion to approve the recommendation and authorize the extension for six months. All voted in favor. CAPITAL EQUIPMENT ACQUISITION As a part of the 1984 Budget a one-ton dump truck with plow and sander and a 32 GVW dump truck with plow were given review with final consideration to be given during the calendar year 1984 based upon financing with equipment certificates. The Public Works Director requested that the two vehicles be purchased. Thomas moved, Wachter seconded the motion to approve the authori- zation and advertise for bids for the two trucks as recommended with final approval and authorization of equipment certificates at the time the bids are awarded. All voted yes. EAGAN HOCKEY BOOSTERS A letter was received from Don Kotula representing the Eagan Hockey Boosters for combination gambling license to be used as a part of the July 4th festivities for fund raiser for the hockey boosters, including waiver of the license fee and the $10,000.00 bond requirement. It was noted the City has traditionally waivied the bond requirement but has required the license fee. Wachter moved, Thomas seconded the motion to approve the license waiving the $10,000.00 bond but requiring the $25.00 license fee. All voted yes. 13 't 71("T Council Minutes June 19, 1984 ADVISORY PARK AND RECREATION COMMISSION VACANCY There was discussion concerning filling the vacancy on the Park Commis- sion and Mike Fette was suggested as the replacement. Mr. Fette had applied and it was noted Mr. Fette has had experience. Tom Hedges was asked to contact Mr. Fette to determine whether he is interested in filling the posi- tion. COUNCIL WORKSHOP SESSION July 12, 1984 at 5:00 p.m. was set as a council workshop session includ- ing interviews and tax increment finance discussion. ROBINS ADDITION - PRELIMINARY PLAT An application had been received from the developer of the proposed Robins Addition located south of I-494 and west of Trunk Highway #49 for a third extension to June 15, 1985 for its preliminary plat. The staff recom- mended approval due to the I-494 construction but required that the property be platted by June 15, 1984 with no further extensions. Smith moved, Thomas seconded the motion to accept the recommendation. All voted in favor. PATRICK EAGAN - TRUNK STORM SEWER - CONTRACT #84-16 The City Public Works Director, Tom Colbert, recommended to the City Council that it authorize the preparation of plans and specifications for the Patrick Eagan trunk storm sewer project under Contract 484-16. Thomas moved, Smith seconded the motion to approve the recommendation and authorize the preparation of plans and specifications in conjunction with the public hearing on the project. All voted in favor. EAGAN EROSION CONTROL MANUAL The Manual covering erosion control in new developments within the City dated May 1984 has been distributed to the Council members and copies are available for public use. CHECKLIST Wachter moved, Thomas seconded the motion to approve the following check- list dated: May 31, 1984 & June 19, 1984 $437,204.29 $1,636,554.94 All voted in favor. 14 Council Minutes June 19, 1984 ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:20 p.m. PHH A XtIl City C rk 15