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08/04/1987 - City Council Regular 00326 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 4, 1987 A regular meeting of the Eagan City Council was held on Tuesday, August 4, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. In addition, City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle, Consulting Engineers Robert Rosene and Mark Hanson, and City Attorney Paul Hauge were present. AGENDA Ellison moved, Wachter seconded the motion to approve the agenda as distributed. All voted in favor. MINUTES July 21, 1987 - Regular Meeting. Upon motion by Egan, seconded Wachter, it was resolved that the minutes of the July 21, 1987 regular meeting be approved. All voted in favor. July 23, 1987 - Special Meeting. Upon motion by Ellison, seconded Egan, it was resolved that the minutes of the July 23, 1987 Joint Special Planning Commission and Council meeting be approved as prepared. All voted yea. TAX ABATEMENTS Bill Peterson of the Dakota County Assessor's office presented a recommendation for tax abatement for Lot 10, Block 5, Country Home Heights Addition for James and Marie Deeg property, Parcel 100-05. The proposed reduction of estimated market value for 1984-1985-1986 was from $84,100.00 to $76,800.00. Upon motion by Smith, seconded Wachter, it was resolved that the abatement be approved. All voted yes. VOLUNTEER FIRE DEPARTMENT Fire Chief Ken Southorn was present and reviewed a letter from the Burnsville Fire Chief, Brian Holzer, regarding the Joint Fire Training Facility proposed to be located in Burnsville. The cost was underestimated and an additional $13,000.00 is being requested from the City of Eagan. Mr. Southorn also noted some reduction in the specifications and indicated an initial $48,600.00 total cost is being requested to be divided among the four joint participating cities. Smith moved, Egan seconded the motion to approve the additional expenditure. All voted in favor. 1 Council Minutes August 4, 1987 00327 EMERGENCY CLEAN-UP POLICY City Administrator Tom Hedges noted that the City has received numerous calls from homeowners requesting assistance in the pick up of debris deposited as the result of the flood waters occurring from the July 23, 1987 storm. Each City Council member was contacted on July 29, 1987 by the City Administrator to review the Emergency Clean-up Policy/Practice for the storm and there was unanimous concurrence that a policy should be implemented. The Policy, prepared by the City Administrator, was upon motion by Egan, seconded Wachter, approved, to include reimbursement in those instances where property owners had paid to remove debris and the staff determines that the homeowner had paid to remove the debris prior to the City's arrival to assist in the removal. Councilman Wachter suggested that an emergency council session be set up immediately after a storm emergency where it is deemed necessary to do so. All members voted in favor. NORTHWESTERN BELL TELEPHONE/LEXINGTON BOOSTER STATION Public Works Director Tom Colbert explained to the City Council that Northwestern Bell Telephone Company is replacing the existing telephone switching station adjacent to the Lexington Booster station, north of Diffley Road and recommended combining driveway access from Lexington Avenue. Upon motion by Egan, seconded Ellison, it was resolved that the Council approve the access easement to Northwestern Bell Telephone from the Lexington Booster station site and authorize the Mayor and City Clerk to execute all related documents. All voted affirmatively. CONSENT AGENDA The following consent agenda items were presented to the City Council and the staff recommended that they be approved: 1. Personnel Items. It was recommended that Joe Merchak be hired as a Construction Analyst for the Protective Inspections Department, subject to successful completion of the City's physical examination requirement. 2. Plumbers Licenses. The City has received applications from 10 plumbing companies to operate and provide service in the City. It was recommended that the applications be approved. 2 Council Minutes August 4, 1987 00328 3. Hidden Valley - Project #511. A feasibility report for Project #511 consisting of sanitary sewer improvements in Hidden Valley Addition has been completed and it, was recommended that a public hearing be scheduled for September 1, 1987 at 7:00 p.m. at the Eagan Municipal Center. 4. Brittany 10th Addition - Project #513. The City recommended that the feasibility report for Project #513 consisting of improvements in Brittany 10th Addition be received and that the Council schedule a public hearing for September 1, 1987 at 7:00 p.m. at,the Eagan Municipal Center. 5. Greensboro Addition - Project #470 - Assessment Hearing. The final assessment roll has been prepared for Greensboro Addition streets and utilities for Project #470 and it was recommended that the roll be received and that the public hearing be scheduled for 7:00 p.m. at the Municipal Center on September 1, 1987. 6. Daniel Drive - Project #475. A final assessment roll for Project #475 consisting of street and utility improvements for Daniel Drive has been completed and submitted and it was recommended that it be received and the Council schedule a public hearing at the Municipal Center at 7:00 p.m. on September 1, 1987. 7. Blueberry Circle - Project #481. The final assessment roll for Project #481 consisting of storm sewer improvements in the Blueberry Circle area has been completed by the consulting engineer and the staff recommended a public hearing be scheduled for September 1, 1987 at 7:00 p.m. at the Eagan Municipal Center. 8. Holland Lake - Project #444. The final assessment roll for Project #444 covering storm sewer improvements for Holland Lake has been completed and it was recommended that the Council receive the roll and schedule a final hearing on the roll for 7:00 p.m. on September 1, 1987 at the Eagan Municipal Center. 9. Blue Ridge Addition - Final Plat. It was recommended at the request of the developer that the application for final plat approval of Blue Ridge Addition be continued until later in the Council meeting. R87-53 10. Greensboro Addition - Streets and Utilities - Contract #86-14. A final payment request had been submitted for street and utility improvements in the Greensboro Addition under Contract #86-14. It was recommended that because all issues had not been resolved as to final acceptance, that the Council. continue indefinitely the consideration of the final payment. 11. Sunset 12th Addition - Final Plat. It was recommended that the application for final plat approval for Sunset 12th Addition be continued until later in the Council meeting. R87-54 3 Council Minutes August 4, 1987 00329 12. Williams & LaRue 2nd Addition - Final Plat. A recommendation was made that the application for final plat approval of Williams & LaRue 2nd Addition be continued indefinitely because of discussions between the developer and Dakota County regarding Lexington Avenue. Upon motion by Smith, seconded Egan, it was resolved that the foregoing consent agenda recommendations be implemented by the staff. All members voted affirmatively. SEE PLAT FILE SUNSET 12TH ADDITION - FINAL PLAT The application for final plat approval for Sunset 12th Addition was submitted by Calvary Memorial Church. Mr. Colbert explained to the City Council that Rev. Randy Barrows, Pastor of the Church, submitted a letter requesting the variance on No. 5, Exhibit "B" of the Sunset 12th Addition Development Contract requiring the turn- around on Stirrup Street. Rev. Barrows was present and explained that the turn-around is not a permanent turn-around because the site needs a future parking lot in that location requiring tearing up the concrete curb and additional expense. Egan moved, Wachter seconded the motion to approve the request for the variance to eliminate the turn-around provided or acceptable maintenance agreement is entered into between the owner and the City. All members voted yes. SEE PLAT FILE R & B ADDITION - PROJECT #502 - PUBLIC HEARING Mayor Bea Blomquist convened the public hearing regarding Project #502 consisting of storm sewer improvements for the proposed R & B Addition on Duckwood Drive. Tom Colbert and consulting engineer Mark Hanson described the project including the proposed lateral assessments on a front-foot basis and area against property not already assessed for storm sewer improvements. Mr. Hanson reviewed the proposed assessment area, the amount of the assessments and the cost and there were no objections. Smith moved, Ellison seconded the motion to close the hearing, to order in the project and authorize the preparation of detailed plans and specifications. All voted in favor. 4 Council Minutes August 4, 1987 0033Q WHISPERING WOODS 2ND ADDITION - PROJECT #504 - PUBLIC HEARING The next public hearing convened by the Mayor consisted of proposed storm sewer improvements in Whispering Woods 2nd Addition in regard to Project #504. Again, consulting engineer Mark Hanson explained the project and upon question, noted that the necessary easements will be included in the Whispering Woods 2nd Addition. There were no objections, although several affected property owners were present including Scott Hilla. Ellison moved, Smith seconded the motion to close the hearing, to order in the project and authorize the preparation of plans and specifications. All members voted yes. WILLIAMS & LaRUE ADDITION - PROJECT #450 The public hearing regarding the final assessment roll for Project #450 consisting of Williams & LaRue Addition was next convened. The recommendation was made at the request of the developer to continue the hearing and upon motion by Egan, seconded Wachter, it was resolved that the hearing be continued until August 18, 1987. All voted yes. WYNDHAM CORPORATE CENTER - PROJECT #464 The public hearing regarding final assessments for Wyndham Corporate Center Addition under Project #464 was then convened by the Mayor. Staff recommended a continuance in order to complete the publication and mail notification requirements and upon motion by Wachter, seconded Egan, it was resolved that the recommendation be approved and the hearing be continued until August 18, 1987 at 7:00 p.m. at City Hall. All voted affirmatively. EAGANDALE CENTER PARR - PROJECT #480 The public hearing regarding the Eagandale Center Park street overlay under Project #480 was next brought to order by the Mayor. Mike Foertsch, the assistant engineer described the project and noted that the reason for the overlay was prompted by the recent load limit increase from 9 ton to 10 ton capacity. He reviewed the estimated cost and assessments and there were no objections. He noted that meetings had been held with Opus Corporation and Northwestern Mutual Life Insurance Company representatives, the major owners affected. Mr. Colbert recommended that a review and rating of the streets in the industrial parks within the City be accomplished by the engineering staff. 5 Council Minutes August 4, 1987 00331 Wachter moved, Egan seconded the motion to close the public hearing, to approve the project and order it in, and authorize the preparation of necessary specifications and plans. All voted affirmatively. BUILDING BLOCK DAYCARE - INDUSTRIAL REVENUE FINANCING The public hearing regarding the application of Waterford Development Group, Inc. for industrial revenue financing for Building Block Daycare facility on Cliff Road next was convened by Mayor Blomquist. Mr. Hedges described the request, including the questions that were asked by councilmembers-at a previous meeting. The issues included whether the land should be financed, whether certain personal property should be financed where the useful life is less than the time period of the outstanding debt on the bonds, and whether a Joint Powers Agreement should be entered into with St. Paul or Woodbury. Bryan Carey of Waterford, explained the estimated cost was nearly $600,000.00 including land and certain equipment and argued that the $500,000.00 limit had been exceeded. Mr. Hedges explained the reason that the City requires a $500,000.00 minimum for industrial revenue bonds and also indicated that the reason that the City policy requires land to be paid by the developer is to require an equity position by the developer. There were questions by Councilman Ellison about the not-for- profit corporation intended to operate the center and he asked why rates are not less than other for-profit centers in the City. The answer by Mr. Carey was that there were certain additional services that are offered by Building Block. After questions about the operation of the Board and noting it is not parent-run, Smith moved, Egan seconded the motion to continue the hearing until the next regular meeting to acquire additional information concerning financing of the school, the persons who are operating the schools, the names and backgrounds of persons on the Board of Directors, whether they are salaried positions and also more information concerning the financial viability of the proposed operation. All councilmembers voted yes. BRIDLE RIDGE ADDITION - VARIANCES A request was made by the developers of Bridle Ridge Addition for variances for monument signs to encroach on the setback along Elrene Road. Smith moved, Ellison seconded the motion to continue consideration of the issue until later in the meeting. All voted aye. 6 Council Minutes Q2 August 4, 1987 TRAILER PERMIT RENEWALS Mr. Hedges stated that all trailer license permit renewals were extended for one year with the exception of the Joe Steininger and James Horne permits. A report by Administrative Intern Robertson was presented. Councilman Smith stated that the upgrading of Pilot Knob Road at the Jim Horne property would create an undesirable aesthetic appearance and there also may be a zoning issue regarding the commercial use of the property. Neither Mr. Horne nor Mr. Steininger were present. Smith moved, Egan seconded the motion to deny the applications for renewal of the permits and to allow up to October 1, 1987 for the owners to remove the trailers. All voted yes. INSURANCE RENEWAL Tom Hedges announced that Bruce Medvec, the City's risk management special insurance agent was not present and recommended that the item be continued until later in the Council meeting. Egan moved, Wachter seconded the motion to approve the recommendation. All voted yes. KOCH REFINERY - PIPELINE - EAW It was announced that the City of Eagan has received an Environmental Assessment Worksheet for a proposed jet fuel pipeline for Koch Refinery from Rosemount to Minneapolis-St. Paul International Airport. The pipeline would be approximately 14 miles long with 13 of those miles in Dakota County. The proposed 10 inch steel pipeline would be placed within or immediately adjacent to the existing railroad right-of-way, electric transmission lines or other pipelines for approximately 13 of its 14 miles. Specifically, in Eagan, the right-of-way for the pipeline would lie along the Soo Line Railroad right-of-way near the eastern side of the City, approximately 5 miles through the community. According to Mr. Hedges, the location was intended to reduce the impact on the City residents and businesses. A report from City Planner Dale Runkle dated July 31, 1987, with suggested comments including strong mitigative measures in place to deal with the noise and dust during the construction, inspection of the line and emergency measures. Mr. Runkle suggested comments be made to the EQB and possible additional restrictions in the future should be imposed. Councilman Egan moved, Councilman Wachter seconded the motion to implement the conditions recommended by Mr. Runkle and also the conditions be imposed in an agreement form if at all possible with the comments being submitted to the City regarding the EAW. All voted yes. 7 Council Minutes August 4, 1987 00333 CEDAR GROVE 2ND ADDITION - DANIEL & JUDITH FORDE An application was received from Daniel and Judith Forde who live at 4305 Jasper Drive requesting a 3 foot side yard setback variance allowing an attached garage to be 2 feet from the side property line on Lot 14, Block 5, Cedar Grove 2nd Addition. The purpose was to allow the homeowner to construct a 22 foot wide 2-car garage. Judith Forde was present. She explained that there had been no objection from adjoining property owners. Wachter moved, Egan seconded the motion to approve the request, noting that no vacation of easement would be required, according to Mr. Runkle. All voted in favor. BRIDLE RIDGE ADDITION - VARIANCES/MONUMENT SIGNS A request was made by the developer of Bridle Ridge Addition, for variance for monument signs to encroach within setbacks along Elrene Road. Tom Colbert described the request and expressed concerns including the fact that there was no room for encroachment into the right-of-way and had concerns about other utilities placed within the right-of-way. He recommended there be no encroachment and if there would be an encroachment, that affected utility companies be noticed for comments. Rod Hardy was present on behalf of Sienna Corporation and stated that the entry to Elrene Road has been cut in and that adjacent trees are important to be retained. He stressed the importance of having a greater slope for the wall and suggested getting approval from the 3 affected utility companies. Smith moved, Egan seconded the motion to approve the request, subject, however, to the utility company's approval to the satisfaction of the staff; it was understood that the trees may not survive the encroachment and that they would then be required to be replaced by the developer. All members voted yes. BRIDLE RIDGE ADDITION - FINAL PLAT RIGHT-OF-WAY DEDICATION REQUIREMENTS Mr. Colbert noted that at the July 21, 1987 City Council meeting, the Council approved a variance allowing for the right-of- way and street width requirements to be reduced for Bridle Ridge Road within the Bridle Ridge Addition as part of an incentive to promote executive housing within the development. The developer now questioned whether the action incorporated the portion of Bridle Ridge Road west of Elrene Road. Mr. Colbert and Mr. Hardy discussed the issue and Mr. Hardy stated that the developers would agree that no more than 30 single family units would be allowed to access from that segment of Bridle Ridge Road, west of Elrene Road. Chuck Hall also was present and requested approval. 8 Council Minutes August 4, 1987 X0334 Councilman Ellison stated that it was his opinion that the Council's decision on July 21, 1987 did not consider the portion west of Elrene Road for reduction of right-of-way width. Mr. Hardy argued that that section could become a permanent cul-de-sac with a single user or limited user of the parcel to the west. 22 existing lots would be served with only 8 further lots that would be limited to be served on that portion of Bridle Ridge Road. Councilman Smith had concerns about the need for an extension of Bridle Ridge to the west and opposed a cul-de-sac. Councilman Egan noted that generally the intent of the Council was to retain 60 foot right-of-way but that internal streets could be 50 feet in certain circumstances. Councilman Smith's point was that the road- could only go to the north and therefore, Smith moved, Egan seconded the motion to allow the reduced width west of Elrene Road to 50 foot right-of-way and 28 foot improved street, with the understanding that there would be no restriction for 8 additional lots, but that no cul-de-sac would be permitted on that segment of street. All members voted yes. 1987 INSURANCE RENEWAL The City Administrator then brought to the City Council the proposed renewal of the insurance coverage for the City for 1988. Bruce Medvec was present and answered questions of the City Council, including the reasons for increases. He stated the Volunteer Fire Department premium increase was due to the death of 5 Volunteer Fire Department members throughout the State of Minnesota during the past three years. He reviewed the claims and explained that the Workers Compensation experience has been very favorable for Eagan. Ellison noticed increases in rates and asked if coverage reductions were proposed. Mr. Medvec answered No, and stated that Eagan has taken a higher risk with larger deductibles in a number of areas in recent years. Physical damage insurance for police vehicles was eliminated four years ago and when the rates became more favorable, they were then reinsured. Egan moved, Smith seconded the motion to approve the 1987-88 insurance renewal for worker's compensation, general liability and public officials liability insurance as proposed. All voted in favor. SPECIAL ASSESSMENT COMMITTEE RECOMMENDATIONS Mr. Colbert announced that on July 9, 1987, the Special Assessment Committee met to review a number of objections relating to the proposed final assessments from various projects within the City. He recommended that the Assessment Committee recommendations be approved and that final assessment hearing be scheduled regarding the implementation of the assessments. 9 Council Minutes August 4, 1987 00335 In addition, Special Assessment Policy No. 87 regarding zoning vs. street assessments, was reviewed and recommended to be approved. Wachter moved, Smith seconded the motion to approve Policy 87-1. All voted aye. Councilman Egan moved, Ellison seconded the motion to accept the recommendation of the Special Assessment Committee regarding the minutes of the July 9, 1987 meeting, and to schedule public hearings on the assessments on September 1, 1987 at 7:00 p.m. at the City Hall. All members voted yes. BLACKHAWK PLAZA - PYLON SIGN - CONDITIONAL USE PERMIT An application was submitted by Blackhawk Plaza, Inc. for conditional use permit for pylon sign along Diffley Road at the entrance to the Blackhawk Plaza Shopping Center. The Planning Commission recommended approval, subject to certain conditions. Dale Runkle explained that spacing is an issue and a representative of the developer was present and agreed that only one pylon sign could be located on Lots 5 and 6. Harold Anderson of Design Partnership, the architects, was present and also stated that no reader board would be included on the sign. Ellison moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. The one-time sign fee of $2.50 per square foot for 68 square feet will be required. 2. No additional pylon sign will be allowed on Lots 5 and 6 consisting of both sides of the Diffley Road. 3. The sign shall be lighted only during operating hours of the shopping center. All voted positively. LEARNING TREE - CONDITIONAL USE PERMIT - SIGN A public hearing was held before the Advisory Planning Commission at its last regular meeting on July 28, 1987 to consider a conditional use permit to allow an on-site sign over 7 feet at the Learning Tree Daycare facility located at Town Centre Drive and Lexington Avenue. The APC recommended approval subject to certain conditions. City Administrator Hedges stated that the staff recommended that the assessments that had not been levied against the property for storm sewer trunk and water area be assessed against the property, including trailways, in the sum of $4,984.36. 10 Council Minutes August 4, 1987 0 0336 There were no objections and no one present on behalf of the applicant. Upon motion by Smith, seconded Egan, it was resolved that-the application be approved, subject, however, to the sign location included in the Town Centre Sign Agreement and in the event it is not in the Agreement, that it be returned to the City Council, and further, subject to the following conditions: 1. The existing sign shall be removed. 2. The one-time sign fee of $2.50 per square foot for 45 square feet be required. 3. No other signage along Lexington Avenue shall be permitted. 4. Storm sewer trunk water area and trailway assessments in the amount of $4,984.36 shall be levied against the property. All members voted yes. PUBLIC IMPROVEMENT CONTRACTS 1. Eagandale Center Industrial Park - Contract #87-18. Plans were submitted for Contract #87-18 and it was recommended that they be approved and that the Council authorize the advertisement of bids for an opening at 10:30 a.m. on August 28, 1987 covering Contract #87-18 regarding Eagandale Center Industrial Park street overlay. Upon motion by Smith, seconded Ellison, it was resolved that the plans be approved and that the ad for bids be placed as recommended. All voted yes. 2. Blackhawk Road - Contract #87-17. It was noted that the Council had approved the plans, subject to the elimination of the. sidewalk along the west side of Blackhawk Road. It was recommended that the bids be received but that the award of the contract be continued until the August 18, 1987 regular meeting to insure that all easements have been acquired and plans approved by the appropriate agencies. Upon motion by Smith, seconded by Wachter, it was resolved that the Council receive the bids and to continue consideration of the contract until August 18, 1987. All voted yea. 3. Wescott Road - Contract #87-26. The bids have now been received for Contract #87-26 and it was recommended that the Council receive the bids but to continue the award of the contract until the August 18, 1987 regular meeting. Egan moved, Ellison seconded the motion to approve the recommendation. All voted in favor. 11 Council Minutes August 4, 1987 003,370 4. Eagan Hills Farm - Contract #87-21. The bids had been received for Contract #87-21 consisting of trunk utilities in Eagan Hills Farm development and it was further noted that the easement acquisition had not been completed, but staff recommended approval, subject to necessary right-of-entry. Wachter moved, Egan seconded the motion to receive the bids, to award the Contract to Austin P. Keller Construction in the sum of $476,888.00, subject however, to the acquisition of an acceptable right-of-entry to the property for the installation of the improvements. All members voted in favor. 5. Hills of Stone Bridge - Contract #87-22. Mr. Colbert again stated that the acquisition of the easements had not been acquired and recommended, however, he suggested that the Council receive the bids and award the contract to the lowest responsible bidder for Contract #87-22 consisting of trunk utilities in the Hills of Stone Bridge, subject to acquisition of acceptable right-of-entry to the property. Upon motion by Egan, seconded Wachter, it was resolved that the recommendation be implemented and award of the contract to the low bidder Nordland Associates, in the sum of $437,699.20. All voted in favor. 6. Bridle Ridge Addition - Contract #87-23. Mr. Colbert again noted that the right-of-entry had not been acquired but recommended that the Council receive the bids and award the contract to the lowest responsible bidder, subject to acquisition of acceptable entry right. Rod Hardy was present on behalf of the developer and stated that Stone Bridge and Bridle Ridge owners will grant necessary easements or rights-of-entry to allow the construction of the improvements to begin for Contracts #87-21, #87-22 and #87-23. Upon motion by Ellison, seconded Egan, it was resolved that the recommendation of staff be approved and that the bid of Nordland Associates in the sum of $606,624.00 be approved and that the contract be awarded, subject to acquisition of acceptable right-of- entry according to staff requirements. All voted affirmatively. 7. North Nicols Road - Contract #87-16. The bids had been received for North Nicols Road street reconstruction under Contract #87-16 on July 17, 1987. Staff recommended that the bids be received and the contract be awarded to the low bidder, Valley Paving, Inc., in the amount of $343,376.24. Wachter moved, Egan seconded the motion to approve the recommendation and authorize the award of the contract. All voted yes. R87-54.1 8. Wilderness Pond/Fawn Ridge - Contract #87-33. The bids have been received for Contract #87-33 consisting of pressure reducing stations for Wilderness Pond and Fawn Ridge. Upon motion by Egan, seconded Wachter, it was resolved that the bids be received and the contract be awarded to the low bidder, M and M Construction, Inc., in the amount of $22,883.00 according to staff recommendations. All councilmembers voted in favor. 12 Council Minutes August 4, 1987 00338 STORM WATER DAMAGE - UPDATE Tom Hedges updated the City Council concerning the damage throughout the City from the storm of July 23, 1987 and stated that flooding had occurred in several isolated areas throughout the City. Informational meetings were held with residents of Lexington Square Addition and River Hills 9th Addition, and Mayor Blomquist discussed the import of contacts that she had made with residents in those areas. Paul and Mary Teske of River Hills 9th Addition was present as was Bill Carpenter, all of whom live on Clark Street. Their main concern along Clark Street dealt with the storm sewer design and construction, according to Mary Teske, including the ponding area. She distributed pictures of the area and others were taken by the staff. Mr. Colbert responded to the residents, indicating the staff is doing investigative work and will submit a report covering the entire City, including proposed flood relief and in addition, projected costs. Policies for emergency preparedness were reviewed and Mary Teske requested sandbagging be provided in areas where flood damages are being threatened. Mr. Colbert recommended further study of the berm in the Metcalf area and report to the Council at a later time. Philip Carpenter argued that there is a drainage problem in the area and requested attention and relief from the City Council. In addition, Federal flood damage relief is being investigated by the City staff. The Mayor suggested receiving possible review of sizing of storm sewers in the event of excessively large storm occurrences in the future. Dick Victor, of the River Hills 9th Addition area was also present and commended staff on its efforts in pumping the affected areas. He recommended a study and review for long and short term solutions, however. A question was asked whether building permits could be suspended during the study if possible storm drainage may result. City Attorney Paul Hauge indicated that health and welfare regulations may allow it in those cases where there is sufficient documentation but only where flooding damage appears to be imminent. No further specific action was taken. 13 Council Minutes August 4, 1987 00339 BLUE RIDGE ADDITION - FINAL PLAT The application for final plat approval of Blue Ridge Addition by Larry Laukka was submitted and Mr. Laukka was present. He asked that the Council address the Eagan Storm Sewer Policy including the condition in the development agreement that a 48 inch pipe be required to be built if the building permit is granted. He proposed open ditch drainage and that construction take place later when its exact location can be determined. The ditch cost would be about $50,000.00 and a buried pipe would be about $126,000.00. He suggested ensuring future construction by deed restrictions and a separate agreement if necessary with the next plat requiring installation of a storm drainage system. Councilman Smith moved, Councilman Ellison seconded the motion to approve the request and delete the requirement for the installation of the storm drainage system for a period of two years from the present time or until the next building permit is requested with financial guarantee and that an agreement acceptable to the City be entered into, guaranteeing compliance with the conditions. Those in favor were Smith and Ellison; those against were Blomquist, Wachter and Egan. Mr. Colbert opposed the request by Mr. Laukka and indicated that the development agreement had already been signed for the subdivision and that he had only learned about the objection during the course of the Council meeting. Egan then moved, Wachter seconded the motion to approve the application for final plat, subject to compliance with all City requirements and conditions. All members voted in favor. SEE PLAT FILE LOCAL GOVERNMENT AID - LEVY LIMIT APPEAL Mr. Hedges explained that all cities have received notification of the 1988 local government aid and levy limit from the Minnesota Department of Revenue. The new levy limit law limits the 1988 city levy increase to 3%, and noted that the legislation impacts the City of Eagan's position very strongly. Because of more severe levy limits, some Cities are appealing to the Commissioner of Revenue for an adjustment in the levy limit base, if the City can provide evidence satisfactory to the Commissioner that its levy for taxes payable in 1987 have been reduced because it had made expenditures from reserve funds or for any other legitimate reason. The City of Eagan's implementation of comparable worth, mandated by the State legislature, combined with the high rate of growth, causing extreme demand on services, presented strong reasons for appealing the levy limit for the City. Wachter moved, Ellison seconded the motion to authorize the appeal of the levy limits as proposed by the City Administrator. All members voted yes. 14 Council Minutes August 4, 1987 00340 MUNICIPAL CENTER - BARN REMOVAL It was announced that the barn that is located southeast of the Municipal Center building was severely damaged in the July 23, 1987 storm. As a matter of public safety, it was recommended by Chief Building Official Doug Reid that the barn be removed. Upon motion by Smith, seconded Egan, it was resolved that the staff be authorized to remove the barn either through Volunteer Fire Department use or by demolition. All voted yes. COMMERCIAL PARKING SPACE REQUIREMENTS A survey of comparable commercial parking space requirements of other metropolitan area cities had been conducted by the staff and it was noted that Eagan's parking requirements are very comparable to other cities surveyed. 1988 DNR DEER HUNT The staff was contacted by Jon Parker of the Department of Natural Resources regarding a preliminary proposal for deer hunting in the Fort Snelling State Park and Minnesota Valley Wildlife Refuge in November of 1988. The Administrator's office was instructed to proceed with the negotiation with DNR and further report to the Council. 1988 BUDGET Mr. Hedges indicated that his department was proceeding with the proposed budget for 1988 and noted there were substantial assessed valuation increases. There may be a mill rate rededuction and a special City Council budget meeting was scheduled for August 20, 1987 at 7:00 p.m. at the Eagan Municipal Center. SPECIAL ASSESSMENT COMMITTEE - RESIGNATION - DON KNIGHT Don Knight, the Chair of the Special Assessment Committee, submitted his resignation because of health problems. Smith moved, Wachter seconded the motion to regretfully accept the resignation and direct the staff to forward an appropriate letter of thanks to Mr. Knight. All voted yes. 15 Council Minutes August 4, 1987 00 ,41 COMMUNITY SERVICE OFFICER The recommendation of the Police Department was that Steve Anselment be appointed a Community Service Officer in the Police Department. Smith moved, Egan seconded the motion to approve the recommendation. All members voted in favor. EMERGENCY POND PUMPS At the July 21, 1987 City Council meeting, the Director of Public Works directed consideration from the City Council for the purchase of a 6 inch stand-by pump for emergency pumping of ponds, resulting from peak rainfalls. The City witnessed a record-breaking storm on July 23, and the staff has now prepared a recommendation based on three quotations. The recommendation was that the Gorman- Rupp Pump from Carlson Equipment be purchased because of its high capacity and further, that the rental cost be applied toward the purchase price. Wachter moved, Smith seconded the motion to approve the purchase, based upon the recommendation submitted. All members voted in favor. BLACKHAWK ROAD - PARKING BAN A request had been made by the Minnesota Department of Transportation for a parking ban on the east and west sides of Blackhawk Road at Kathryn Circle and Diffley Road, as a condition of the approval of the plans. Egan moved, Ellison seconded the motion to approve and implement the request of the Minnesota Department of Transportation. All members voted yes. R87-55 BIETER VS. CITY OF EAGAN City Attorney Paul Hauge briefly updated the City Council regarding the Bieter action and noted that depositions had been scheduled by the Bieter Co. for Planning Commission Chair Charles Hall, and Councilmembers Jim Smith and Ted Wachter. The deposition for Chuck Hall had been canceled by Bieter prior to the meeting. CHECKLIST Wachter moved, Egan seconded the motion to approve the checklist dated August 4, 1987 in the amount of $330,176.83. All voted yes. 16 Council Minutes August 4, 1987 00342 ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:05 a.m. All voted affirmatively. PH H City lerk 17