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05/18/1982 - City Council Regular06120 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MAY 18, 1982 A regular meeting of the Eagan City Council was held on Tuesday, May 18, 1982 at 6:30 p.m. at the Eagan City Hall. Present were Mayor Blomquist and Councilmembers Egan, Smith, Thomas and Wachter. Also present were City Ad- ministrator Hedges, Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. The Council convened at 6:30 p.m. and the Mayor an- nounced that due to a School Board election in Independent School District #196, no formal business could be transacted until 8:00 p.m. The Council will use the period between 6:30 to 8:00 p.m. as a workshop session and review items on the agenda without taking action. The Public Hearing section of the Agenda would begin at 8:00 p.m. with all other formal items to follow. News- paper publication of the commencement had been given. AGENDA There were no corrections to the Agenda. The councilmembers reviewed the Minutes of April 20, 1982 and recommended certain corrections to the motion relating to Lexington Place Preliminary Plat application. PARE COMMITTEE Park Director Ken Vraa was present. 1. Lone Oak Heights. The APRC had reviewed the Lone Oak Heights Pre- liminary Plat on May 6, 1982 and recommended an asphalt trail along the north edge of the plat and a stub trail from Shields Lane to the northeast corner of the park. It further recommended two tot lots with one on the east side of Shields Lane and the second on City Park property. 2. ISD #191 /Eagan Striping Agreement. Mr. Vraa discussed the striping of soccer fields and other general maintenance of school property with ISD #191 and recommended the Council commit to striping the soccer field at a cost of between $700.00 to $900.00. 1 ( 11 1211 Council Minutes May 18, 1982 PUBLIC WORKS DEPARTMENT 1. Ann Pietsch - Dodd Road. Mrs. Ann Pietsch was present and asked that the Council again grant deferment of certain assessments against her property on Dodd Road. It was noted her husband was not willing to sign a Waiver Agreement prepared by the City. It was also noted that the Special Assessment Committee recommended against granting the additional deferment. After considerable discussion, councilman Egan suggested that the Council authorize deferring payment of the assessments for one year or at the time of sale or other change in ownership of the property, with interest to commence from the time of the levy of the original assessment. 2. McCarthy Property - Project #257. Tom Colbert reviewed two alter- nates regarding the claim of Pat McCarthy for the replacement of top soil on the property owned by the McCarthy family at the southwest corner of Deerwood Drive and Pilot Knob Road. Mr. McCarthy requested the City replace a foot of top soil over the 3.72 acres of land that was disturbed during construction of utility lines. The Public Works Committee recommended the payment to Mr. McCarthy of $100.00 per acre for as long as the 3 1/2 acres does not produce a crop and the adjacent property is used for crop purposes. CONSENT AGENDA The Council members reviewed the Consent Agenda items recommended for approval by the staff and there were no objections by any persons present or by councilmembers. GERALD AND SHIRLEY SMITH - 4367 ONYX DRIVE - VARIANCE An application had been submitted by Gerald and Shirley Smith for 10 foot variance from front yard setback located at 4367 Onyx Drive to construct a 10 foot by 20 foot addition to their home. The Advisory Planning Commission recommended approval of the variance subject to compliance with ordinance requirements. Mr. & Mrs. Smith were present and there were no objections. PILOT SNOB SHOPPING CENTER - I.R. FINANCING A request had been made by the developers of Pilot Knob Shopping Center for a time extension for the Industrial Revenue Bond Financing, originally approved by the City Council on March 17, 1981 for $5,500,000.00 for construc- tion of the shopping mall. Mr. Ron Krank appeared for the applicant and requested a one year extension in time. Councilman Smith suggested the appli- cation for industrial revenue financing for the Sullivan Supermarket in the proposed shopping center and the extension of time for the shopping center I.R. Financing be considered jointly. No action was taken. 2 Council Minutes May 18, 1982 LONE OAK HEIGHTS ADDITION - SALES OFFICE (Y An application of Midwestern Associates for temporary sales office for the proposed Lone Oak Heights Addition was then considered by the council. There were no objections and a representative of Midwestern Associates was present. Parking for the sales office was discussed and there were concerns about on- street parking. The representative indicated there would not be the need for on- street parking and no vehicles could be parked off Lone Oak Road. CONTRACT #82 -4 - TWIN VIEW MANOR 2ND ADDITION, ST AL, STREETS Bids were received on May 11, 1982 for street improvements for Contract #82 -4 consisting of four different projects with the low bidder being Bitumi- nous Roadways in the amount of $180,600.00. It was noted that Twin View Manor 2nd Addition street bids were over 10% higher than the feasibility report estimate and the developer of the Addition has agreed to waive any objections and requested the Council proceed with the award of the contract. 1982 HEALTH INSURANCE BIDS Four bids have been submitted for hospitalization insurance with two bids for no hospitalization but to include life, accident and disability insurance. The Mutual Service Insurance bid appeared to be lowest for health, life, accident and disability insurance and the staff recommended that the contract be awarded to MSI for the balance of 1982 with the premium year to be shifted to a calendar basis. It was noted that the City is required to bid only if the premiums increase 50% in any one annual premium year by the existing bidder. At 7:55 p.m. the Mayor announced a 10 minute recess. AGENDA At 8:05 the Mayor reconvened the council meeting and announced that the formal agenda items would then be reviewed. Upon motion by Egan, seconded Wachter it was resolved that the Agenda as distributed be approved. All voted yea. 1. April 20, 1982 regular meeting. Wachter moved, Smith seconded the motion to approve the Minutes of April 20, 1982 meeting to include the Lex- ington Place additional preliminary plat resolution, a copy of which is attached to the Minutes. All voted yes. 3 OC123 Council Minutes May 18, 1982 2. M 4, 1982 regular m eeting. Smith moved, Wachter seconded the motion to approve the minutes. All voted in favor. PARK COMMITTEE 1. Lone Oak Heights. The recommendation of the Park Committee for trail and two tot lots was upon motion by Wachter, seconded Egan, all voting in favor, approved and accepted. 2. ISD 4191 /Eagan Field Striping Agreement. Upon motion by Smith, seconded Wachter, it was resolved that the recommendation of the Advisory Park and Recreation Committee be approved authorizing the Park Department to stripe the necessary fields on School District property used by the City within the current Park Department budget or to return to the City Council for additional funding if necessary. All voted yea. PUBLIC WORKS DEPARTMENT 1. Ann Pietsch - Dodd Road. Egan moved, Smith seconded the motion to defer payment of the special assessments on the Pietsch property on Dodd Road until June 1, 1983 unless, however, the property is sold or that there is a change in ownership and further, that the City Council review the deferment in May of 1983 with the understanding, however, that an agreement will be signed by Mrs. Pietsch concerning the deferment and be submitted for final approval at the next City Council meeting. All voted yes. 2. McCarthy Property _ Project #257. After review of the Public Works Committee recommendation concerning the restoration of the McCarthy property and offer of payment of rental in lieu of replacement soil on the McCarthy land at Deerwood and Pilot Knob Road, Thomas moved, Egan seconded the motion to authorize the rental of the 3.72 acre McCarthy parcel on an annual basis at $100.00 an acre as long as no crop is grown and harvested from the rented land and further, that the adjacent McCarthy property is actually being tilled for agricultural purposes. All voted yea. CONSENT AGNEDA The staff recommended the council approve the following agenda items: 1. 911 Em ergency Telephone Grant. The City has received a revised Agreement from Dakota County regarding the 911 Emergency Telephone Agreement, noting that an error had been made whereby the City has received $20,799.00 rather than $22,367.00. It was recommended to terminate the previous grant agreement executed on May 4, 1982 and approve the revised agreement. SEE AGREEMENT FILE 4 4.24 Council Minutes May 18, 1982 2. Dale Goergen - Temporary 3.2 Beer Permit. It was recommended that an application from Dale Goergen for non - intoxicating malt liquor license for July 24 and 25, 1982 at the Univac Field be approved. 3. Arnold Doering - Temporary 3.2 Beer Permit. It was further recom- mended that the application of Arnold Doering for 3.2 beer permit for the softball tournament at the Univac Field on June 19 and 20, 1982 be approved by the Council. 4. I mprove m ent #82 -2 - Briar Hill 4th Addition. It was recommended that Change Order #1 to Contract #82 -2 consisting of Briar Hill 4th Addition for additional grading be approved with the understanding that the developer has concurred with the additional assessments. 5. Project #356 - Comsery No. 1 Streets & Utilities Improvement. The City has received a petition from the developer of the Comsery Plat No. 1 requesting a feasibility report for the streets and utilities and it was recommended that the Report be authorized and that a public hearing be scheduled for June 15, 1982 at 7:00 p.m. 6. Oakwood Heights Condominium - Excavation Permit. It was recommended that the request of Countryside Builders for an excavation permit for the proposed Oakwood Heights Condominiums on the north side of Wilderness Run Road east to Wedgewood Addition be approved subject to compliance with ordinance requirements. 7. Contract #80 -21 - Blackhawk Lake Trunk Storm Sewer Outlet. It was recommended that Change Order #1 to Contract #80 -21 consisting of Blackhawk Lake Storm Sewer Trunk Outlet due to the additional tunneling construction work caused by large rock and boulders in the amount of $11,533.41 be approved by the council. Upon motion by Smith, seconded Wachter, it was resolved that the fore- going consent agenda items as recommended be approved. All voted yes. GERALD & SHIRLEY SMITH - VARIANCE Upon motion by Egan, seconded Thomas, it was resolved that the applica- tion of Gerald and Shirley Smith for a 10 foot front yard variance for con- struction of a 10 foot by 20 foot addition to the Smith home at 4367 Onyx Drive be approved subject to ordinance requirements. All voted yes. 5 OC 125 Council Minutes May 18, 1982 PILOT KNOB SHOPPING CENTER - I.R. FINANCING Upon motion by Wachter, seconded Smith, it was resolved that an extension of one year be granted to the applicant for Industrial Revenue Financing for the proposed Pilot Knob Shopping Center. Those in favor were Blomquist, Egan, Thomas and Wachter; against was Smith. LONE OAK HEIGHTS - TEMPORARY SALES OFFICE There being no objections, Smith moved, Egan seconded the motion to approve the temporary sales office application for Lone Oak Heights Addition, as requested by the applicant, subject to compliance with the conditions placed upon parking by the City. All voted in favor. CONTRACT #82 -4 Upon motion by Wachter, seconded Thomas, it was resolved that the low bid of Bituminous Roadways, Inc. in the sum of $180,600.00, be approved for Con- tract #82 -4 consisting of four improvement projects and the contract be awarded to Bituminous Roadways. All voted in favor. HEALTH INSURANCE BIDS The Council again reviewed the health insurance bids received from seven bidders, including life insurance, accident and disability and upon motion by Smith, seconded Wachter, it was resolved that the low bid of Mutual Service Insurance Co. be accepted with the understanding that the staff is directed to negotiate with MSI for an extension of the contract with MSI through December of 1983 at the same rates. All voted yes. TWIN VIEW MANOR 1ST ADDITION - UTILITIES - PROJECT #264A The Mayor then convened the assessment hearing regarding utility improvements in Twin View Manor lst Addition under Improvement Project #264A. Mr. Colbert reviewed the roll with the Council indicating that an assessment hearing had been held on September 15, 1981. It was recommended after the assessment appeal had been filed by 12 property owners in the subdivision, that a reassesment hearing be held and that the council then proceed to determine what special benefits have accrued to the property. Mr. Colbert also indicated that in the event that appeals are now taken and it is neces- sary to appraise the property, that it would cost up to $500.00 per parcel for each appraisal which was recommended be added to the assessment if the council determines that there is sufficient benefit. Larry Severson, attorney from Apple Valley, appeared and submitted objections to the assessment roll in writing to the City Council. He also explained that the property owners were N OC 126 Council Minutes May 18, 1982 primarily concerned with what they felt was a representation by the City that the assessments would be levied at or 8% interest rate during the time the injunction proceeding brought by property owners to restrain the council from proceeding with the utility improvements. The assessments were levied at 11% interest based upon the sale of bonds in December 1980 at 9.27 %, the effective interest rate. It was noted that interest rates increased drastically during 1980 and into 1981 and that the City Council could not guaranty interest rates on assessments, also noting the Legislature had authorized increases in effec- tive interest rates for assessments at approximately that period of time. A number of property owners were present amongst the 13 who now submitted objec- tions to the assessment roll. It was noted that at least one parcel of property whose owner submitted objections had not been reassessed and it would appear that the owner could not object to his assessments. There was discussion by Mr. Severson that the only objection that property owners had was to the assessment rate and that the property owners would waive any objection to any procedural issue regarding the assessments including determination of benefit and that the only issue on appeal would relate to the benefit of the assessment interest rate. It was suggested that a determination be made by the property owners as to whether they intended to proceed with objections by May 24, 1982 at 4:30 p.m. Smith moved, Egan seconded the motion to close the public hearing as to those parcels of proper- ty where the owners did not object to the reassessment roll, but to continue the public hearing as to those parcels of property where owners did file written objections which continued public hearing would be held on July 6, 1982 at 7:00 p.m. at City Hall; further, that property owners be given the right to withdraw their objections by May 24, 1982 at 4:30 p.m. in the event they elect to do so and that then the council would not order appraisals for those properties where objections had been withdrawn. All voted in favor. LESTER SPENCER - SILVER BELL STREET REASSESS!ffiNT HEARING The next reassessment hearing convened by Mayor Blomquist concerned Project #274 regarding assessment from Silver Bell Road streets adjacent to the Lester Spencer property. City Attorney Paul Hauge indicated an agreement had now been signed by Mr. and Mrs. Spencer and their attorney, authorizing the withdrawal of objections provided that certain improvements be installed on the property as recommended by the City staff and that the Spencers with- draw their legal action and others for the total consideration of $1,100.00 to be paid by three other parties. Wachter moved, Egan seconded the motion to continue the public hearing until June 1, 1982 at 7:00 at City Hall, with the understanding that the agreement will be implemented by that time. All voted in favor. 7 0C1Z7 Council Minutes May 18, 1982 TWIN VIEW MANOR 1ST ADDITION - STREET ASSESSMENTS The public hearing regarding the assessment hearing for Twin View Manor 1st Addition, Project #264B, was convened by Mayor Blomquist. Colbert re- viewed the assessments with the city council and indicated that according to information submitted by staff, benefits exceed the assessments that are proposed to be levied against the property by $3,687.77 per lot without appraisal costs. The assessments are 5.67% higher than the feasibility report estimate because of some boulevard restoration originally proposed under the utility project as part of the street construction. The interest rate would be at 12.5% based upon bond sale rate of August 1, 1981. Mr. Severson again appeared for objecting property owners and submitted written objections on behalf of 13 owners. Egan then moved, Wachter seconded the motion to continue the public hearing as to those objecting property owners until July 6, 1982 at 7:00 p.m. at City Hall; further Resolved, as to those non - objecting property owners, included within the reassessment roll, that the assessment roll be approved and that the assessments be certified to the County Auditor. All voted in favor. WINDTREE FIRST ADDITION - PROJECT #284B - The public hearing regarding the assessment for street improvements to Windtree First Addition was next convened. There were no objections to the assessment roll and it was recommended that the council close the public hearing and approve the final assessment roll for Project #284B. Upon motion by Egan, seconded Thomas, it was resolved that the recommendation be imple- mented and the assessment roll be certified to the County Auditor for collec- tion. All voted yea. WINDCREST FIRST ADDITION - PROJECT #293B - ASSESSMENT HEARING The public hearing regarding assessments for Windcrest First Addition, Improvement Project #293B was then convened. There were no objections to the project. After review by Mr. Colbert and upon motion by Wachter, seconded Egan, it was resolved that the assessment hearing be closed, the final assess- ment roll for the project be approved and that the staff be authorized to certify the roll to the County Auditor for collection. All voted in favor. DUCKWOOD TRAIL - STREET ASSESSMENT HEARING - PROJECT #308B The public hearing regarding the assessments for Duckwood Trail, Improve- ment Project #308B was convened by Mayor Blomquist. There were no objections to the project and Mr. Colbert explained the assessments to the council. Smith then moved, Egan seconded the motion to close the public hearing, to approve the assessment roll as presented for Project #308B and to authorize the staff to certify the roll to the County Auditor for attachment to the tax rolls. All voted in favor. E:3 ��i AZ8 Council Minutes May 18, 1982 DIAMOND LAKE, INC. - I.R. FINANCING An application of Diamond Lake, Inc. for Industrial Revenue Bond Finan- cing in the amount of $750,000.00 was then considered by the Council. A public hearing had been held by the City Council and on an earlier application for the same financing, on December 1, 1981, the Council denied the applica- tion. Mr. Bob Levy, attorney, appeared for the applicant and described the project to the Council. He stated that the total amount of the equipment was greater than the financing requested at the time of the original application as well as under the current application. He further stated that the appli- cant will require $400,000.00 to $500,000.00 in inventory which will not be financed. Richfield Bank and Trust has recommitted itself to finance this $750,000.00 I.R. Financing. Approximately 90 new jobs will result, including 30 full time jobs. Eric Iverson of First Bank of Eagan, spoke in favor of the application to help enhance the development of the area. Councilman Egan indicated that the issues appeared to be as follows: 1. The Shopping Center already had I.R. Financing approved by the City Council. 2. Whether the City Council should authorize financing of equipment and whether the purpose of industrial revenue bond financing is to increase tax base or to finance equipment. 3. The life expectancy of the property financed ought to have at least the life expectancy equal to the length of the bond issue. Mr. Levy stated that seven year financing is standard for Supermarket financing and that the trade looks to a 10 to 15 year replacement life gen- erally for equipment. Councilman Smith stated that legally it is possible to use I.R. Financing for the purchase of equipment and Mr. Levy indicated that it is expected that the interest rate will be 12% under I. R. Financing, whereas it could be up to 18% for conventional financing. Councilman Wachter indicated that he felt that the proposal would add to the tax base and employ- ment in the community. Wachter then moved, Smith seconded the motion to approve the application for Industrial Revenue Financing up to $700,000.00 with the understanding that Richfield Bank and Trust Company will guaranty the financing and that it be guaranteed by the three members of the Sullivan family who are applicants, with the term not to exceed seven years. Council- man Egan indicated he felt it was inappropriate to use Industrial Revenue Financing for short term life equipment such as some of the equipment being proposed to be financed. Those in favor were Smith, Wachter and Thomas; those against were Blomquist and Egan. The application was approved. SEE BOND FILE d x.104.3 Council Minutes May 18, 1982 McDONALD'S CORPORATION - VARIANCE An application of McDonald's Corporation for variance to exceed the allowable height for pylon sign for 50 foot sign at its location adjacent to new Cedar Avenue near the McDonald's Restaurant west of Nichols Road was presented. Jack Lawrence appeared for the applicant and indicated that it is necessary to relocate for better business exposure for the restaurant in order to increase sales and employment. The Advisory Planning Commission recom- mended denial for several reasons, including the fact that the McDonald's property does not abut the freeway as required under the Sign Ordinance provi- sion allowing for increase of height above the 27 feet normal height limita- tion. Mr. Lawrence indicated that McDonald's would be receptive to a 40 foot maximum height sign. Several councilmembers indicated that there are other fast food outlet locations in the immediate area which would also presumably request higher signs than allowed on the ordinance. Egan moved, Smith seconded the motion to accept the recommendation of the Advisory Planning Commission and deny the application for reasons included in the Advisory Planning Commission minutes and those cited above. Those in favor were Blomquist, Egan, Smith and Wachter; Thomas voted no. BERRY RIDGE CONDOMINIUM - PRELIMINARY PLAT The application of Scheutt Investment Co. for preliminary plat approval of Berry Ridge Addition consisting of approximately 3.65 acres located on Lot 11, Block 3, Hilltop Estates was then presented to the council. Mr. Roger Kreidberg of Scheutt Investment Co. appeared as did the architect for the project. Mr. Kreidberg indicated that property owners in the area were all invited to an informal meeting and 3 attended with no objections. It was noted that there would be 2 parking spaces for each unit with one underground space for each unit. The stacked -unit project would have single bedrooms on the lower floor and two bedrooms per unit for the upper two floor units. The price would be in the $60,000.00 to $80,000.00 range. There was discussion concerning the need for storm sewer outlet at the northeast portion of the property to which the applicant agreed. Egan moved, Wachter seconded the motion to approve the application, subject to the following: 1. A development agreement shall be completed prior to the construction of any of the dwelling units. 2. A detailed landscape plan shall be approved by City staff and an adequate landscape bond shall be submitted with the final plat and not re- leased until one year after the landscaping has been completed. 3. The developer shall provide the City with a copy of the declaration, Articles and By -Laws for review. 4. The plat shall be subject to the Park Committee's recommendations and comments. 10 U(; 130 Council Minutes May 18, 1982 5. The development plan should be shifted to the east in order to provide a 20 foot green area between the westerly property line and the parking area. 6. The developer should consider installing parking areas on each side of the building and extending a drive or path around the north side of the building to provide adequate fire protection. 7. No more than 26 dwelling units shall be allowed for this development proposal. 8. All other City ordinances shall be applicable for the overall de- velopment proposal. 9. A detailed grading, drainage and erosion control plan shall be reviewed and approved prior to final plat approval. 10. Adequate utility easements shall be provided to allow a connection to the existing trunk sanitary sewer along the north property line and the required internal water main and two fire hydrants. 11. A storm sewer detention holding pond shall be constructed in the northeast corner of this proposed plat to minimize the increased runoff from this development. 12. Trailway installations along Berry Ridge Road shall be in confor- mance with the requirements of the Park and Recreation Committee. 13. This development shall provide for a residential street equivalent assessment escrow for the 283 feet of frontage adjacent to Pilot. Knob Road to cover this plat's financial responsibilities for the future upgrading of Pilot Knob Road. This escrow shall be determined on the residential street equiva- lent rate for multiple dwelling zoning at the time of final plat approval. All voted in favor. SEE PLAT FILE BURNSVILLE /EAGAN CABLE CONUSSION UPDATE Couincilman Smith reported that the Cable Commission had reviewed initial service territory proposals. He further gave a general update on the status of the Commission's considerations. No action was taken. 11 00131 Council Minutes May 18, 1982 ROBINS ADDITION - I- 35E/494 INTERCHANGE - GRADING PERMIT An application has been received from Mr. Howard Stacker of RES Invest- ment Company and 494 Investment Company to place approximately 1.7 million cubic yards of material generated from the I- 35E/494 interchange project that had been awarded to Johnson Bros. Construction Co. on April 23, 1982 by MnDOT. Mr. Colbert stated that over the past 10 months the staff has been working collectively with MnDOT, RES Investment Company and 494 Investment Company in trying to put together a package beneficial to all parties concerning disposal of excess materials from the interchange project. Sollie Robins, one of the partners, was present, as was John Uban of Howard Dahlgren & Associates, and Ellsworth Johnson of Johnson Bros. Corporation. Mr. Colbert reviewed in detail the proposed relocation of the excess material on the north side of the pond on the RES property and north and west of the Imre Addition. He stated that meetings have been held with Mr. Imre over a number of months and the plan had been shown to Mr. Imre concerning the location of the material adjacent to the Imre Addition. The recommendation included cutting off Blue Gentian Road during the haul period to avoid unnecessary traffic jams and indicated that the Dakota County Soil and Water Conservation Service, MnDOT and other groups have been contacted concerning the proposal. He discussed the erosion control plan and stated that straw bales and an erosion dike would be installed adjacent to the pond to avoid unnecessary erosion problems. He further stated that the DNR has given tentative approval to the proposal. The staff and City Attorney have prepared agreements covering the permit including a condition that pond controlled by RES and 494 Investment Company would be dedicated to the City at such time as Robins Addition final plat has been approved by the Council or at such time as the City requests the dedication of the pond, whichever is sooner. Mr. James Imre appeared with objections to the proposal and displayed his proposed office complex on Imre Addition. He submitted a letter dated May 18, 1982 including his objections which were reviewed with the Council. He requested underground storm sewer with no open drainage and stated that the additional cost would be $9,000.00. He also requested that slope of the additional fill be placed farther away from his property than proposed. Mr. Robins also explained his view and indicated that many meetings have been held with Mr. Imre attempting to resolve the issues. Wachter moved, Thomas seconded the motion to approve the grading permit appli- cation with the understanding that the fill adjacent to the north side of the Imre Addition not be approved at the present time, but that the location of the fill be approved conditioned upon the Public Works Committee inspecting the site and meeting with the affected property owners, including the staff on the site; further, subject to the following conditions: 1. That it be approved in accordance with the modifications noted by staff. 2. That written DNR approval be obtained prior to initiation of grading operation. 12 06132 Council Minutes May 18, 1982 3. That the agreement between the City and RES Investment Company and 494 Investment Company be executed by all parties, including the dedication of the required ponding easement to the 840.0 elevation for O'Neil Pond FP -1 at no cost to the City at the time provided in the agreement. 4. That the applicant be responsible for providing and maintaining adequate traffic control barricades for the Blue Gentian Road crossing and its restoration, with City staff approval, upon completion. All voted in favor. FISCAL. HEALTH PROFILE A letter has been received from the office of the State Auditor con- cerning the fiscal health profile, indicating several options the City can review. Upon motion by Egan, seconded Wachter, it was resolved that alternate No. 3, where the profile could be sent to the City with an analysis, in the form of a press release, be accepted. All voted yea. BRITTANY MANOR 1ST ADDITION Mr. Colbert and Mr. Hauge reviewed the lawsuit being brought by 13 property owners in Brittany Manor 1st Addition against the City, Tollefson Builders and Dakota County Abstract Company for alleged failure to pay interest on a certain assessments in the subdivision. Attempts have been made to settle the action and it was recommended that each party, including the property owners, pay one fourth of the total amount of interest payable in 1982. Smith moved, Thomas seconded the motion to direct the staff to proceed to attempt to settle the action on the basis of the proposal by the staff, but in the event settlement cannot be reached, that the City Attorney defend the action for the City. All voted in favor. CITY HALL ARCHITECT A contract with Jack Boreman, Architect, and the City was submitted to the Council and recommended for approval by the City Staff. Egan moved, Wachter seconded the motion to approve the contract subject to staff approval. All voted in favor. SEE AGREEMENT FILE MOBILE HOME ORDINANCE REVISIONS It was recommended by the staff to implement ordinance changes regarding location of mobile homes in the City. Wachter moved, Thomas seconded the motion to implement the staff recommendations with a report to be submitted to the City Council. All voted in favor. 13 0(3133 Council Minutes May 18, 1982 CHECKLIST Smith moved, Wachter seconded the motion to approve the following Check - lists dated April 30 & May 18, 1982. All voted in favor. FAOyIs" i.o c; Upon motion duly made and seconded, the meeting adjourned at 11:55 p.m. PHH r. O i i City Clerk 14