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07/17/1984 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JULY 17, 1984 A meeting of the Eagan City Council was held on Monday, July 17, 1984, at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter and Egan. Councilman Thomas arrived at 8:45 p.m. Also present were City Administrator Hedges, Public Works Director Colbert, City Planner Runkle, City Consulting Engineer Rosene and City Attorney Hauge. AGENDA Upon motion by Wachter, seconded Egan, it was resolved that the Agenda be approved with the exception that the application of Gabbert Development to consider replat of a portion of Westbury First Addition had been acted upon at the previous meeting. All members voted in favor. MINUTES Minutes of the regular meeting of July 2, 1984 were reviewed by the Council. Upon motion by Smith, seconded Egan, it was resolved that the Minutes be approved as prepared and distributed. All voted yes. VOLUNTEER FIRE DEPARTMENT Chief Bob Childers and District Chief Ken Southern appeared and discussed the proposed purchase of the one ton grass truck for the fire department. Mr. Childers indicated the 1965 Ford had been used but a replacement was included in the capital equipment budget. Smith moved, Wachter seconded the motion to authorize the advertisement for bids for a one ton truck and in the alternate, a 3/4 ton fire truck, each with heavy springs for fire department use. All voted yes. CONSENT AGENDA The following consent agenda items were presented to the Council and recommended for approval by the staff: 1. Contractor's Licenses. A schedule of general contractors, homeowners, heating & ventilating and roofing contractors was submitted and it was recommended that the applications for the licenses be approved. 2. Personnel - Part-Time Maintenance Employee. The City Administrator was directed to hire a part-time parks maintenance person and it was recom- mended that Huey Peterson be hired at the rate of $4.00 per hour as a part- time maintenance person. 1 Council Minutes 'I !!7o 1 July 17, 1984 3. The Pines - Final Plat. The application of RLK Corporation for final plat approval of The Pines located at the northeast quadrant of Pilot Knob Road and Berry Ridge Road, was brought before the Council. Staff recom- mended approval, subject to compliance with all necessary City requirements. R 84-35 4. Fawn Ridge Addition - Final Plat. The application of Sienna Cor- poration for final plat approval of Fawn Ridge Addition was brought before the Council. It was noted that Countryside Builders is no longer the developer and that Sienna Corporation has taken over the plat. Staff recommended approval subject to compliance with all ordinances and that the City Clerk and Mayor be authorized to execute related documents. R 84-36 5. 1984 Seal Coating - Contract #84-6. Because the bids for the 1984 seal coating project were considerably lower than estimated, the Council authorized a change order in the Contract. It was recommended that Change Order #1 to Contract #84-6 in the amount of an additional $20,955.94 be approved and authorized to be entered into. 6. Lexington Place Addition - Contract #83-15. The final payment request had been submitted for Lexington Place Addition utilities and the staff recommended that the fifth and final payment for Contract #83-15 to Encon Utilities, Inc. in the amount of $12,775.96 be approved and the improve- ments be accepted for perpetual maintenance. 7. Eagandale Office Park - Contract #83-3. A request had been received from the contractor through the consulting engineering firm for final payment of Contract #83-11 consisting of streets and utilities in Eagandale Office Park. It was recommended that the payment be approved to W & G Rehbein Brothers, Inc. in the amount of $28,955.59 and to accept the project. 8. Water Treatment Plant - Contract #83-1 - Change Order #6. Change Order #6 to Contract #83-1 consisting of the water treatment plant project was submitted and recommended for approval, including Part A - Sump Covers with an addition of $324.00; Part B - Trolley Beam with an addition of $1,121.00; and Part C - Pipe Insulation with an addition of $2,310.00. 9. Eagandale Office Park/Lexington Place Additions - Final Assessment Roll - Project #374 and Project #387. The staff submitted the proposed final assessment roll for Projects #374 and #387 consisting of improvements in the Eagandale Office Park and Lexington Place Additions and recommended that the roll be accepted and the hearing be scheduled for August 21, 1984 at 7:00 P.M. at the City Hall. 10. Golden Meadow Road - Streets & Utilities _ Project #418. A petition had been received from four of the six potentially affected property owners requesting installation of streets and utilities in Golden Meadow Road from the Overview Estates Addition to Northview Meadows Addition. It was recom- mended that the Petition be received and that the City consulting engineer be authorized to prepare a feasibility report for Project #418. 2 Council Minutes July 17, 1984 11. East Blue Gentian Road - Streets - Project #416. The feasibility report was submitted covering east Blue Gentian Road under Project #416 and it was recommended the report be received and the public hearing be scheduled for August 21, 1984 at 7:00 p.m. at the Eagan Municipal Center. Smith then moved, Egan seconded the motion to approve the foregoing consent agenda items and authorize the implementation of each of the recom- mendations. All voted in favor. HACKMORE DRIVE - STREETS & UTILITIES - PROJECT #406 Mayor Bea Blomquist convened the public hearing concerning Project #406 regarding streets and utility improvements in Hackmore Drive. A petition was submitted by Gary King, 790 Hackmore Drive, requesting preparation of a feasi- bility report and Mr. Colbert introduced the project. Bob Rosene, the con- sulting engineer, discussed the report in detail. A letter from Betty and Jerry Sauter and also a letter from Richard and Phyllis Travers were submitted to the Council, both objecting to the project. Mr. King was present and requested that 500 feet from the west line of the proposed project be installed but Mr. Rosene noted that although a part of the sanitary sewer improvements could be installed, it would not be practical to cut them off. It would be more desirable to install the entire project. Mr. Sauter appeared and opposed the project on behalf of other owners in the immediate area and stated that steep terrain makes his property virtually unbuildable, that there is no benefit to the adjoining properties, there are environmental problems and there would be substantial trees cut on the north side of Hackmore Drive for the project. Mr. Travers also appeared and objected and indicated that he has a buyer for his property and asked the Council to deny the project. Brad Swenson, one of the owners of the Sunset 4th Addition, objected because of the impact on the lots on the south line of Sunset 4th Addition and suggested that the project be delayed. Wachter then moved, Smith seconded the motion to continue the hearing until September 18, 1984 at 7:00 p.m. at the City Hall in order to authorize the Council to consider improvements being requested for Golden Meadow Road at the same hearing, noting the impact that Golden Meadow Road improvements would have on Hackmore Drive. Smith seconded the motion. There was discussion concerning Mr. Travers' request that special consideration be given because of the potential sale of his property, noting that a new application would con- stitute the same practical effect. All council members then voted all in favor of the motion. 3 Council Minutes July 17, 1984 BRITTANY 7TH ADDITION - STREETS & UTILITIES - PROJECT #409 The public hearing concerning the application of Tollefson Builders, Inc. for street and utility improvements under Project #409 in Brittany 7th Addi- tion was then convened by the Mayor. Mr. Colbert and Mr. Rosene explained the project and reviewed the report dated June 18, 1984. There was discussion concerning the proposed sanitary sewer lift station and it was noted that the construction cost was similar for gravity or lift station installation but due to extreme terrain and environmental factors, it was recommended that the lift station alternate be approved. There were no objections to the project. Egan moved, Wachter seconded the motion to close the hearing and to order in the project and authorize the preparation of plans and specifications. All voted in favor. PROJECT #306 - DIFFLEY ROAD The assessment roll covering Project #306 consisting of street improve- ments on Diffley Road was submitted and it was recommended that a hearing be scheduled on the assessments at the same time as the hearing concerning Cedar Grove improvements, Project #342. The Council set the assessment hearing on .Project #306 for August 7, 1984 at 7:00 p.m. at the Eagan Municipal Center. OSHA HEARING CONSERVATION PROGRAM Because of recent federal legislation requiring compliance with the Occupational Noise Standard Act, the staff is recommending that the sum of $900.00 be allocated for hiring the Environmental Services Department of the City of Bloomington to conduct a hearing conservation program for Eagan City employees. It was noted that the City of Bloomington has conducted such a program and has trained personnel. Smith moved, Egan seconded the motion to approve the adoption of a hearing conservation program under a joint agreement with the City of Bloomington at a cost of $900.00. All voted yes. JOB EVALUATION PROGRAM Mr. Hedges stated that because of the legislation adopted by the Minne- sota Legislature in 1984 requiring comparable worth salaries for City employees, the city council and staff interviewed three consulting firms to act as consultants to conduct a job evaluation/salary compensation study for all non-union employees. After review, Wachter moved, Egan seconded the motion to approve the selection of a consultant to perform the job evalua- tions/salary compensations study for all non-union personnel as recommended by the City staff and that a Job Evaluation Program contract has been entered into with the Arthur Young Company. All voted in favor. 4 Council Minutes July 17, 1984 NORTHERN NATURAL GAS COMPANY METER STATION The City staff has received an offer from Northern Natural Gas Company to purchase the metering station site that had been leased for a period of 25 years on City property on Coachman Road. It was noted that the lease easement expires on September 30, 1984. There was discussion concerning the importance of keeping the site maintained properly and councilmembers generally indicated they preferred a lease with a maintenance provision. Staff was requested to negotiate with Northern Natural Gas Company and make a recommendation to the City Council. PATRICK EAGAN PARK/BIRCH PARK ADDITION - PROJECT #411 TRUNK STORM SEWER The public hearing concerning Project 4411 regarding storm sewer outlet in the Patrick Eagan Park/Birch Park Addition area was convened by the Council. Mr. Rosene presented the report dated June 21, 1984 and indicated that the proposal is to assess benefitted property in the general area, in- cluding along the west side of Lexington Avenue and the north side of County Road #30. Future installation of outlets upon JP-7, JP-38 and JP-8 into Patrick Eagan Park pond could take place within the next year. A substantial number of people were present, including Tom Rooney who appeared as an owner of property along County Road #30 and also appeared on behalf of Anthony Caponi. He questioned the need for the outlet from JP-7 at the present time and recommended the elimination of that outlet and that his property be deleted from the present proposed assessment roll. Mr. Caponi was also pre- sent and stated that trees have grown in Pond JP-8 because there was not sufficient water in the pond and objected to his area being included in the project. Tom Bergen, an owner on Deerwood Drive, appeared and objected and stated that Lexington Avenue construction, some years ago, reduced the drain- age into the lakes to the west and that they now are being restored to their original level. Don Warkentien recommended the assessment be spread to the property on the east side of Lexington Avenue. Miriam Nall was present and had comments concerning the proposed assessments and suggested that there were some errors in the proposed assessment roll. Martin Rodich from Skovdale Addition recom- mended that Skovdale be eliminated indicating that that Addition does not drain into the drainage area included within the project. Councilman Thomas arrived at the meeting at 8:45 p.m. The owner of Lot 5, Skovdale 2nd Addition, appeared and objected to the water ponding on his property which is caused from dewatering, due to the sanitary sewer trunk construction in the general area. It was stated that objections to proposed assessments could be brought before the assessment 5 Council Minutes July 17, 1984 committee for review and recommendation. There were serious concerns about the level of the JP-7 and JP-8 pond and it was noted that outlets may be needed in the next year. Mr. Colbert stated that the area on the south could be eliminated but that it undoubtedly would be assessed and served with trunk storm sewer within a limited period of time. After one hour and ten minutes of discussion, Egan then moved, Wachter seconded the motion to close the hearing, to order in the project with the understanding that any owner in the south area of the proposed project in the vicinity of Patrick Eagan Park, could request that the special assessment committee review a request to be eliminated from the proposed assessments covering those parcels not being directly effected by the storm sewer proposed to be installed at the present time. All voted in favor. TIRES PLUS STANDARD - CONDITIONAL USE PERMIT City Administrator Tom Hedges explained the action of the Council at its meeting on July 2, 1984 concerning a request for variances from Tires Plus Standard to delete one of the bathrooms within the existing building and for variance for two additional signs attached to the pylon sign on the site. The Council denied the request for variances and scheduled a hearing on the possi- bility of not renewing the conditional use permit for the service station due to violation of the Uniform Building Code regarding reconstruction of the building with only one bathroom and additional signs on the pylon Standard. Letters were sent by the staff to Mr. Tom Gejax, the owner, dated July 6, 1984 informing him of the Council's hearing on July 17 and Mr. Gejax was present at the meeting. He stated that the City Building Inspector had ver- bally granted his sign company the right to install the two signs because the total square footage would be under 120 square feet. A question arose as to whether the original application did not include the request for the reader board and what the original application and Council action consisted of. Mr. Gejax explained that only one restroom was needed, that he got a permit without submitting plans, that there are no problems that have developed and the female employees that work in the station do not object to the single bathroom. He also stated that three other facilities owned by Tires Plus Standard have only one restroom each. Mayor Blomquist indicated the City has received at least one objection concerning the installation of only one bath- room and noted the violations of the Uniform Building Code. Councilman Egan stated that the applicant had no excuse for violating the Uniform Building Code or the sign ordinance and then moved to continue the consideration of the conditional use permit until August 7, 1984 at 7:00 p.m. in order to allow the staff to review the Building Inspector's action concerning the sign permit and also to review the bathroom facility issue. Smith seconded the motion and all voted in favor. 6 Council Minutes July 17, 1984 LEXINGTON PLACE - UTILITIES - CONTRACT #84-14 On July 2, 1984 the City Council received the bids and considered award- ing the contract to install utilities to service the Lexington Place 2nd and Lexington Place South Additions. However, all easements have not been acquired and Mr. Colbert indicated that two easements are still necessary. They include an easement across the Kelmar and Lillian Bratland property consisting of a 30 foot temporary easement and a 20 foot slope easement on Lexington Avenue across the Thomas Westbrook property plus a 40 foot temporary slope easement on the east line of the Westbrook property. Negotiations are continuing but Mr. Colbert recommended that the Council approve the award of the contract to the low bidder, Orfei and Sons, Inc. in the total base bid of $669.332.91 and further, authorize the commencement of quick-take condemnation proceedings for the easements necessary across the Bratland and Westbrook parcels. Smith moved, Egan seconded the motion to award the contract, to authorize the commencement of condemnation for necessary utility easements against parcel 030-53 owned by Mr. and Mrs. Kelmar Bratland, and necessary utility easements across parcel 044-53 covering the Mr. and Mrs. Thomas Westbrook property with the understanding that the developer of the Lexington Place 2nd Addition and Lexington Place South, namely Orrin Thompson Homes/U. S. Homes, be responsible for paying the entire cost of the condemnation action. James Nervig of U. S. Homes was present and stated that U. S. Homes will pay all such costs. All members voted in favor. Egan then moved, Wachter seconded the motion to award the bid for Contract #84-14 to the low bidder, Orfei and Sons, Inc. in the total base bid of $669.332.91. All members voted yea. HILLTOP PLAZA - PYLON BUSINESS SIGN PERMIT The application of James Refrigeration for conditional use permit for pylon business sign located on Lot 1, Block 1, Hilltop Plaza was presented to the Council for consideration. It was noted that names of three of the largest tenants in the center are intended to be located on the sign and a representative of Universal Sign Company was present on behalf of the appli- cant. Councilman Smith moved, Thomas seconded the motion to approve the application for the conditional use permit for the pylon sign in the location proposed, with the understanding that there would be no specific identifica- tion of the tenants but that a reader board would be permitted provided it is within the maximum square footage allowed, and further subject to the follow- ing conditions: 1. The pylon sign shall be located so it does not obstruct drivers vision. 2. The pylon sign shall be no more than 20 feet in height and no more than 88 square feet per side, including any reader board. 7 Council Minutes July 17, 1984 3. The pylon sign shall be located at least 10 feet from any property line. 4. No other pylon signs shall be allowed for this facility. 5. The sign shall be in conformance with all other applicable ordi- nances. All voted yes. BLACKHAWK OAKS AND BLACKHAWK L.AWR ADDITIONS - PRELIMINARY PLATS The applications of Norse Development Company and Peter Stalland for approval of two preliminary plats, Blackhawk Oaks and Blackhawk Lake Additions and rezoning from PD (Planned Development) to R-1 (Residential-Single Family District), together with an application for variance to exceed street grade for private drive were presented to the Council. Dale Runkle detailed each of the applications which had been considered by the Planning Commission and approved at its regular meeting in June, 1984. He indicated that the proposal would include an application for rezoning 13.2 acres from Planned Development to R-1 and 27 single family lots in proposed Blackhawk Oaks Addition. The application for preliminary plat approval of Blackhawk Lakes Addition con- sisted of 6 acres and 4 single family lots, together with an application for variance to allow 12% slope on a private access drive proposed for Blackhawk Lake Addition. In 1982, the Blackhawk Oaks Addition property was zoned Planned Development for townhouse and single family use and the current re- quest would be to rezone the property to R-1 use only. All lots within that subdivision would comply with minimum lot size requirements under the Eagan Code. Blackhawk Lake Addition would be built on the north side of Blackhawk Park with very steep grade running northerly to Blackhawk Lake. The four lot sizes would average 1.35 acres and a private driveway is proposed with two alternate accesses. Alternate one would utilize a northwest corner of Black- hawk Park and alternate B would be a narrower 12 foot wide private driveway for the four lots. Ken Vraa, the Park Director, was present and described the Park Commit- tee's review and recommendations. It was noted that the original Silver Bell Road was intended to provide access but that the major access for the park would be from the south. The Park Committee has requested that further study take place, including a review by Tim Erkkila, the Park Consultant in that the Park Committee members were concerned about use of park for road purposes, that removal of vegetation and that the proposed road would not address the potential access needs to the Park. 8 Council Minutes July 17, 1984 Councilman Smith had concerns about private septic tanks and wells in a platted area and in addition the private street with 12% grade. It was noted that gravity sanitary sewer could not be installed feasibly, but that munici- pal water could be brought into the subdivision. Maintenance costs for lift station would be extremely expensive for sanitary sewer purposes and Mr. Colbert noted that a private system would be permitted under the circum- stances. He also indicated that there would be landing areas, both on the top and the east end of the private street. Peter Stalland submitted a petition signed by surrounding property owners favoring the project but opposing park access in the general area. He indi- cated that the road, as proposed, would not be seen from the park land. He further stated that he had been delayed by the Park Committee and requested approval of Blackhawk Oaks Addition or in the alternate, that part of Black- hawk Oaks Addition with the exception of the northeast corner in order to allow the City to review the access in more detail. Councilmembers indicated that there may be a recommendation that access to the park be along the north line and also, that there may be a major access to the park through a residen- tial street may be objected to by residential owners in the future in the Blackhawk Oaks Addition. Smith then moved, Egan seconded the motion to con- tinue the application until the Advisory Park and Recreation Committee has made a recommendation as to the access to the Park; further, that the utility question be reviewed in some detail, including whether private septic tanks should be authorized; further, whether the road access to Blackhawk Lake Addition could follow the north line of Blackhawk Oaks Addition. All voted in favor except Wachter who voted no indicating that the developer should be permitted to proceed with Blackhawk Oaks Addition. SEE PLAT FILE HAEG 1ST ADDITION - PRELIMINARY PLAT The application of Eugene Haeg for preliminary plat approval of Haeg 1st Addition containing approximately 5 acres with 8 single family lots and further, the application to rezone from A (Agricultural) to R-1 (Single Family Residential) was submitted to the Council. The Advisory Planning Commission recommended approval at its June 26, 1984 regular meeting. Dale Runkle des- cribed the proposal including the City Planner's report of June 14, 1984 indicating the plan is to schedule development in two phases. The first phase would consist of four lots along Hackmore Drive. Mr. Haeg was present and there were no objections to the application. Egan moved, Wachter seconded the motion to approve the application, subject to the following conditions: 1. The plat shall be subject to the Park Commission's review for park dedication. 2. A development agreement shall be entered into and signed by the applicant prior to Final Plat application. 9 Council Minutes July 17, 1984 3. All setback and lot size requirements shall be adhered to. 4. All other applicable ordinances shall be adhered to. 5. The applicant shall submit a detailed grading and erosion and sedi- ment control plan to the City in accordance with City policy for review and approval. 6. Utility and drainage easements shall be dedicated as referenced in the engineering report. 7. The driveway entrances for Phase II shall be constructed so that lots 1 and 2 have a common driveway and lots 3 and 4 have a common driveway to Dodd Road. 8. This development shall be responsible for the trunk storm sewer area assessments at the rate in effect at the time of final platting. 9. Sanitary sewer shall be extended from Hackmore Drive to Phase II when developed. All voted yes. SEE PLAT FILE DAVID SCHOMBURG - VARIANCE - CEDAR GROVE NO. 8 The application of David and Linda Schomburg for variance to allow con- struction of a swimming pool within the 10 foot rear yard setback area of Lot 29, Block 6, Cedar Grove No. 8 was next considered by the Council. A Petition with signatures of property owners within 200 feet of the property was submit- ted with no objections to the proposal. Smith moved, Thomas seconded the motion to approve the application, subject to the following conditions: 1. The drainage and utility easement should be retained and the pool construction shall not interfere with the drainage patterns. 2. The pool construction shall meet all applicable ordinances and codes. 3. The construction shall take place within one year of the date of approval. All members of the council voted in favor. 10 rrh Council Minutes July 17, 1984 WILLIAM DIEDRICH - SAFARI ADDITION - VARIANCES An application was submitted by Mr. William Diedrich for variance from the 50 foot front setback requirement along Safari Pass Road, covering Lots 1 through 10, Block 1, Lots 1 through 4, Block 2, Safari Addition. Mr. Runkle indicated that because the Minnesota Department of Transportation which in- stalled the Safari Pass Road provided for 100 foot right-of-way, that 50 foot setback requirement is provided in the ordinance, even though the road im- provements are only 34 feet in width. Staff had no objections. Smith moved, Wachter seconded the motion to approve the application, subject to compliance with all other ordinance requirements, including setbacks. All voted yea. LARRY PEARSON - CEDAR GROVE NO. 7 - VARIANCE The application of Larry Pearson for variance to allow construction of an accessory building within the side and rear set-back areas of Lot 5, Block 4, Cedar Grove No. 7 came before the Council. Mr. Runkle explained that the proposal is to provide for the storage building within 3 feet of the rear property line and two feet of the side yard line with setbacks required of 5 feet from the side yard and 10 feet along the rear line. Mr. Pearson was present and a letter of objection from Dr. and Mrs. Eugene DeMaster, neighbor- ing owners, was reviewed by the Council. There were also concerns about encroachments on the public easement along the side and rear lines, including the potential for the installation of cable T.V. at some time in the future. Because of the objections and possible encroachment on public easements, Smith moved, Wachter seconded the motion to deny the application. All voted in favor. CEDAR CLIFF SHOPPING CENTER - TEMPORARY ADVERTISING SIGN An application of Federal Land Company for two special permits to allow temporary advertising signs for Cedar Cliff Shopping Center and Cedar Cliff Office Park were brought before the Council for consideration. Mr. Runkle discussed the applications and noted that they were for advertising signs to advertise lease space in the two projects. The signs would be 17 feet 6 inches high, with a sign area of 112 square feet each. It was noted that they would not be permanent signs. Tim Murnane of Federal Land Company was present for the applicant. Wachter moved, Thomas seconded the motion to approve the application, subject to the following conditions: 1. The signs shall be located at least 10 feet from the property line. 2. The face area of the signs shall not exceed 112 square feet. 11 Council Minutes July 17, 1984 3. The temporary advertising signs shall be removed if permanent pylon signs are approved for this development. 4. The special permits shall have a maximum duration of two years. 5. The signs shall be no higher than 17 feet 6 inches and shall conform to all other sign ordinances. 6. The signs shall also require the annual sign permits and fees. Councilman Smith objected to the height, noting that for temporary adver- tising signs, they exceeded the normal height and size allowances. Those in favor were Wachter, Egan and Thomas; those against were Smith and Blomquist. THOMAS LAKE HEIGHTS - TEMPORARY ADVERTISING SIGNS The application of Eagan Realty for special permit to allow a temporary advertising sign for Thomas Lake Heights housing project was then considered by the Council. The application would provide for four temporary advertising signs in various locations. Barton Dunn appeared for the applicant. Smith moved, Egan seconded the motion to grant a permit for two advertising signs in locations to be selected by the developer with the understanding that a small temporary sign could be located on County Road #30 because of the road con- struction and subject to the following conditions: 1. That the two signs may be moved at the discretion of the developer on sites that were previously selected in the application. 2. The signs shall be located at least 10 feet from any property line. 3. The face areas of the signs shall not exceed 64 and 32 square feet respectively. 4. The special permit shall have a maximum duration of two years. 5. The signs shall be no higher than 12 feet and 8 feet respectively. 6. The signs shall not obstruct sight distances or traffic visibility. All voted in favor. 12 Council Minutes ti , July 17, 1984 ROAD MACHINERY & SUPPLY CO. - INDUSTRIAL REVENUE FINANCING Road Machinery & Supply Co. was granted a preliminary resolution to allow industrial revenue financing several years ago and had withdrawn its applica- tion. Recently, the company has sold its building in Bloomington and now desires to proceed with the construction of a 65,000 square foot facility on Silver Bell Road in Eagan. An application has been submitted for the indus- trial revenue financing in the amount of $2,500,000.00 and Mr. Hedges indi- cated that the League of Minnesota Cities has stated that any existing resolu- tion that has not been terminated would continue to be effective under the new IR financing regulations. Wachter moved, Thomas seconded the motion to accept the application and to schedule a public hearing on the application for August 7, 1984 at 7:00 p.m. at the Eagan Municipal Center. All voted yes. LEXINGTON AVENUE BOOSTER STATION - CONTRACT #84-13 The bids for Contract #84-13 consisting of the Lexington Avenue Booster Station were received on July 13, 1984 with the low bidder being A & K Con- struction Co. in the sum of $179,900.00. It was noted that the Engineer's estimate was $262,500.00 with the low bid 31.5% below the estimate. Egan moved, Wachter seconded the motion to accept the low bid and award the con- tract to A & K Construction Co. All voted affirmatively. COACHMAN ROAD - SILVER BELL ROAD - CONTRACT #84-10 Bids were opened by the City staff on July 13, 1984 covering street improvements to Coachman Road, Four Oaks Road and Silver Bell Road. Because streets are municipal state aid, formal approval must be approved from the MnDOT District State Aid Office prior to awarding the contract and therefore, no action was recommended. Thomas moved, Wachter seconded the motion to continue the consideration of award of the contract until August 7, 1984. All voted yes. BOATING & WATER RELATED ACTIVITY ORDINANCE A proposed ordinance that has been recommended by the Advisory Park and Recreation Committee concerning boating activities on City ponds and lakes was distributed to the Council for review. Ken Vraa, the Park Director, was present. Councilmembers suggested that the Ordinance should provide for electrically driven watercraft and also that certain lakes, at least on a temporary basis, be allowed small outboard motors. Egan moved, Wachter seconded the motion to continue consideration of the ordinance to allow review of the Master Parks Plan regarding watercraft. All voted yes. 13 Council Minutes July 17, 1984 PATRICK EAGAN PARK/BIRCH PARK - TRUNK STORM SEWER - CONTRACT #84-16 The plans have now been prepared and submitted for approval covering Contract 484-16 regarding project #411, trunk storm sewer outlet in the Patrick Eagan Park area. Wachter moved, Egan seconded the motion to approve the detailed plans and specifications and to authorize the advertisement of bids to be opened at 10:30 a.m. on August 3, 1984 at at the Eagan Municipal Center. All voted in favor. I-494 & TRUNK HIGHWAY #149 - GRADING PERMIT - LAUKKA-BECK PROPERTY An application has been received for a grading and excavation permit to fill the westerly portion of the Laukka-Beck property located adjacent to the east side of Highway #149 and south of East Blue Gentian Road. Because the grading would impact the residential property of the O'Neill First Addition, notice was sent to the residents within the First Addition and several of those residents were present at the meeting. Also, Larry Laukka, and repre- sentatives of Johnson Brothers Construction Corp., the contractor, were at the meeting. The O'Neills had concerns about the wetland south of the single family homes and Johnson Brothers indicated that erosion control measures will be installed. Two alternates for the wetland area include fill material on property owned by Laukka-Beck and alternate B would include fill material over a por- tion of the wetland within the O'Neill Addition. The O'Neills generally objected to any fill, but recommended that in the event the Council does approve the permit that no fill be placed on the O'Neill property. They indicated that if the wetland were filled, it would destroy the rear yards of their property and also would destroy several trees. The DNR does not have jurisdiction under the 2 1/2 acre maximum area regulation according to Mr. Colbert. There was discussion concerning the plan to develop the original shopping center and zoning of the property and Mr. Laukka indicated that a meeting had been held with the O'Neills and the alternates were discussed. Jack McCrary of Johnson Brothers appeared and stated that the contractor is considerably behind schedule because of the rainy weather in June and July and the contract provides for completion of Trunk Highway #149 in 1984 and I- 494 in 1985. Thomas moved, Smith seconded the motion to approve the grading permit application implementing Alternate A with the condition that the appli- cation be subject to all other applicable city requirements. All voted in favor. Thomas then moved, Egan seconded the motion to approve the proposal of Johnson Brothers for a variance from the time frame provided in the Excavation Ordinance to extend the time, with the understanding that adequate dust con- trol measures will be provided, that the conditions in the letter from David Prusak of Johnson Brothers Corporation dated July 2, 1984, be complied with and further, that in the event that there are any strong objections to the operation that the Council would have the right to revise the permit condi- tions. All voted in favor. 14 Council Minutes July 17, 1981 SAFARI ADDITION - MODEL HOME Mr. William Diedrich again appeared and requested that the permit for the model home be changed to Lot 9, Block 1, Safari Addition. Egan moved, Wachter seconded the motion to approve the application, subject to necessary ordinance compliance. All voted yes. R.E.S. INVESTMENT COMPANY - GRADING PERMIT - EAST BLUE GENTIAN ROAD The City has received an application for grading and excavation permit to place approximately 250,000 cubic yards of fill on the 20 acres of property owned by the R.E.S. Partnership, south of Blue Gentian Road and east of Ames Country Day School facility. There were no objections from property owners in the area and extended hours of operation also were requested. Thomas moved, Wachter seconded the motion to approve the application with the hours com- parable to those requested by Johnson Brothers on the Laukka-Beck property, including the same conditions. All voted in favor. BLACKHAWK OAKS ADDITION - GRADING PERMIT APPLICATION The application of Norse Development Company for grading and excavation permit in Blackhawk Oaks subdivision was also presented to the Councilmembers for consideration. Egan moved, Blomquist seconded the motion to continue the application until such time as the Council considers the application for preliminary plat approval of Blackhawk Oaks Addition and Blackhawk Lake Addi- tion. All voted yes. PARK BOND ARCHITECT Mr. Hedges stated that the staff has interviewed applicants for the temporary Park Bond Referendum architect's position, noting that a Sunset provision has been imposed as a requirement by the City Council. Smith moved, Thomas seconded the motion to approve the hiring of the temporary park bond referendum architect according to the recommendation made by the City staff. All voted in favor. 15 Council Minutes July 17, 1984 CAPONI VS. CITY OF EAGAN City Attorney Paul Hauge stated that currently there is pending before Dakota County District Judge Robert Breunig a request to revise the theory of the action brought by Anthony Caponi against the City of Eagan and others regarding Caponi Pond. Mr. Caponi has requested the Court to require the City to condemn the property and Mr. Hauge recommended the City Council autho- rize condemnation in the event it becomes necessary to do so. Wachter moved, Thomas seconded the motion to authorize the City Attorney to commence condem- nation of the necessary easements around Caponi pond and to execute a resolu- tion evidencing the authority to commence the action. All voted in favor. R84-37.1 WELL SITE #5 - CONTRACT #83-18 The City Attorney also presented a Resolution relating to Well Site #5, Contract #83-18 and recommended that the Minutes of the November 1, 1983 council meeting be amended to provide that Wachter moved, Egan seconded the motion to approve the contract to W & G Rehbein Brothers in the sum of $54,645.25. All voted yes. Upon motion by Wachter, seconded Smith, it was resolved that the foregoing Resolution be and it hereby is approved and autho- rized to be signed. All voted in favor. R84-36. 1 CHECKLIST Wachter moved, Thomas seconded the motion to approve the following check- list dated: June 30, 1984 & July 17, 1984 $234,961.23 $620,511.30 All voted yea. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:00 p.m. PHH City erk 16