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07/02/1985 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JULY 2, 1985 19 A regular meeting of the Eagan City Council was held. on Tuesday, July 2, 1985 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Assistant City Engineer Hansen, City Planner Runkle, Public Works Director Colbert, and City Attorney Hauge. AGENDA Thomas moved, Wachter seconded the motion to approve the Agenda as presented. All voted yes. MINUTES Upon motion by Wachter, seconded Egan, it was resolved that the review of the previous unapproved Council minutes be continued until the end of the meeting. All voted in favor. EAGAN HISTORY BOOK - THE LONE OAK YEARS Mayor Bea Blomquist and City Administrator Tom Hedges presented the new Eagan History Book called the Lone Oak Years, and several members of the Eagan History Committee, including Agnes Polzin, Art Rahn, Arnold Carlson, and Elisabeth Kennealy were present at the meeting. Other members were Alyce Bolke, Frank Dembroski, James Diffley, Leotta Schwanz and Rodger Slater. Copies of the book were presented to each of the members and it was noted that the book was dedicated to former Mayor Herbert Polzin, the first Mayor of Eagan. Tom Hedges also acknowledged all the persons who were instrumental in preparing the history book, including Lisa Fleming and Ken Damlo, who assembled and wrote much of the history. TAX ABATEMENT A representative from the Dakota County Assessor's office was present and recommended a tax abatement of the Eagan-West Limited Partnership building located on Washington Drive, south of Yankee Square Shopping Center. Thomas moved, Egan seconded the motion to approve the abatement, noting however, that a vacancy of a commercial building did not appear to be sufficient justification for abatement. All voted in favor, except Wachter who voted no. 1 Council Minutes July 2, 1985 FIRE DEPARTMENT - 1954 F-600 TANKER TRUCK The City had received a bid from Metro Auto Salvage, Inc. for purchase of the 1954 F-600 tanker truck in the sum of $325.00. It was recommended that the bid be approved. Smith moved, Thomas seconded the motion to approve the bid as recommended and declare the truck as surplus property by the City. All voted yes. TOM COLBERT - PUBLIC WORKS DIRECTOR Mayor Bea Blomquist welcomed Tom Colbert back as the Public Works Director for the City of Eagan, effective July 1, 1985. PARKS & RECREATION DEPARTMENT - COMPOSTING PROGRAM A composting program was set up by the City Council in 1984 and there was discussion as to whether it should continue. Tom Hedges discussed the status of the program with the City Council and Wachter moved, Smith seconded the motion to continue the pilot program for the following year. All voted yea. CONSENT AGENDA The following consent agenda items were referred to the City Council for action and it was recommended that approval be given to the following items: 1. Personnel Items. a. Nancy Ohm - Clerk Typist - Resignation. A resignation has been received from Nancy Ohm as clerk typist in the Finance Department, having been with the City since 1980. She has accepted a position with the Dakota County Vo-Tech and it was recommended that her resignation be accepted. b. Part-time Clerk Typist. The recommendation of the Director of Finance and City Administrator was that the Council accept two permanent part- time clerk typist positions for the Finance and Administration Departments. c. Consulting Sign Inspector. It was recommended that Elmer Borgschatz, who was hired in the fall of 1984 to monitor and enforce the City Code Sign Ordinance, be-continued in a new status of Consulting Sign Inspector on an "as needed" basis. 2. Contractor Licenses. A schedule of general contractors, homeowner contractors, heating and ventilating contractors, plumbing contractors and masonry and cement worker contractors was submitted and the staff recommended the Council approve the applications for licenses. 3. Eagan 4th of July Association - Temporary Beer License. It was recommended that the City Council approve the Eagan 4th of July Association application for temporary beer license for July 3 through 6, 1985. 2 Council Minutes July 2, 1985 Y w yAQ 4. EAW for Forest Ridge. The City Planner has received notification that a negative declaration was granted for the Forest Ridge apartment project and therefore it was recommended that the Council acknowledge the EAW for Forest Ridge. 5. Forest Ridge Addition - Final Plat Approval. An application had been submitted by the developers of Forest Ridge Addition, the Forest Ridge Partnership, for approval of the final plat and it was recommended that the application be approved subject to compliance with all City requirements. R 85-38 6. Royal Oaks Circle - Final Plat Approval. The application of ASP Construction, Inc. for final plat approval of Royal Oaks Circle had been received and it was recommended that the application be accepted and that the final plat approval be approved, subject to compliance with required City regulations and ordinances. R 85-39 7. Oakcliff 3rd Addition - Final Plat Approval. The application of Richard Winkler and Robert Schlangen for final plat approval of Oakcliff 3rd Addition has been submitted and it was recommended that the application be approved, subject to City requirements and that the Mayor and City Clerk be authorized to execute all related documents. Further, it was recommended that the application of the developer for building permit prior to final plat approval recording, subject to proof of receipt from Dakota County, was recommended to be approved. R 85-40 8. Safari 2nd Addition - Final Plat Approval. The application of Diedrich Construction for final plat approval of Safari 2nd Addition was submitted and it was recommended that the application be approved, subject to normal city requirements. R 85-41 9. Westbury 1st Addition - Easement Vacation. An application from Gabbert Development, Inc. to vacate a drainage and utility easement along the existing lot line in Westbury 1st Addition, including Lots 5 and 6, Block 5, Westbury 1st Addition, was submitted. It was recommended by staff that the Council receive the Petition and schedule a public hearing for August 6, 1985 at 7:00 p.m. at the Eagan Municipal Center. 10. Coachman Road - Trunk Water Main - Project #451. The feasibility report for Project #451 consisting of watermain for Coachman Road has been received and it was recommended that the Council accept the report and that it schedule a public hearing for August 6, 1985 at 7:00 p.m. at the City Hall. 11. Robbins Addition - Project #453. The feasibility report has been completed by the Consulting Engineer for Project #453 consisting of utility and street improvements in Robbins Addition and it was recommended that the Council receive the report and that it schedule a public hearing at the Eagan Municipal Center on August 6, 1985 at 7:00 p.m. 12. Industrial Revenue Bond Deadline Extension. City Administrator Tom Hedges indicated that there had been no applications for industrial revenue bonds prior to July 1, 1985, although there is interest from one applicant at the present time. He therefore recommended that the Council authorize extension of the deadline for considering the allocation of entitlement funds to other communities for industrial revenue bonds until August 1, 1985. 3 Council Minutes July 2, 1985 13. Cinnamon Ridge 4th Addition - Final Plat Approval. The application of Zachman Homes for final plat approval of Cinnamon Ridge 4th Addition was submitted and it was recommended that the application be approved and the Mayor and City Clerk be authorized to sign all related documents. Egan moved, Wachter seconded the motion to approve the foregoing consent agenda items and authorize their implementation by the City staff. All councilmembers voted affirmatively. R 85-42 KNOB HILL - UTILITY EASEMENT VACATION HEARING Mayor Bea Blomquist convened the public hearing regarding the application of Ed Dunn for vacation of utility and drainage easements in Knob Hill. Tom Colbert reviewed the application and noted that the easements were within Lot 2, Block 1, Knob Hill of Eagan. There were no objections and upon motion by Smith, seconded Wachter, it was resolved that the application be approved and that the hearing be closed and that the vacation of utility and drainage easements be approved and that the Mayor and City Clerk be authorized to execute all related documents. All voted in favor. CURBSIDE TRASH PICK-UP Councilmembers and Mayor Blomquist discussed the progress of the study regarding curbside trash pick-up within the City of Eagan. After discussion, Wachter moved, Egan seconded the motion to continue the study and to submit the recommendations to the City Council and further, to coordinate the study with surrounding cities. All councilmembers voted yes. OAKWOOD ADDITION - PROJECT #445 - PUBLIC HEARING The next hearing convened by the Mayor covered Project #445 regarding Oakwood Addition utility and street improvements. Tom Colbert, together with Mark Hansen of the Bonestroo, Rosene consulting engineering firm, reviewed the project and noted that the staff had met with adjacent property owners regarding their concerns about the project. Vince Kennedy is the developer of the Oakwood Addition and was present in the audience and spoke in support of the application. Several owners adjoining the property indicated they had no objection to the project but objected to any assessments at the present time, indicating that there would be no immediate benefit to the adjoining property. A representative of the Heinz estate objected to the project and noted that the intention is to sell the entire Heinz parcel. Mr. Anderson, the owner of Lot 6 asked if direct access to Oakwood Drive could be provided to the lot to the north and further review will take place. There were also questions about the acquisition of necessary easements, and Woods indicated they had no objections but opposed assessments. After extended discussion, Smith moved to close the hearing and to order in the project and authorize preparation of plans and specifications, but to defer the assessments without interest against parcels not in Oakwood Addition, with the understanding that the special assessments will be levied with the following understanding: 4 Council Minutes July 2, 1985 1. That the special assessments for the improvements will be levied at the time of subdivision of any of the surrounding lots benefited by the improvements. 2. Or assessments shall be levied at the time of hook-up to sewer or water by any of the surrounding parcels at any time in the future. 3. Or assessments shall be levied at the time that any building permit is acquired for any of the surrounding benefited lots. 4. The document covering such understanding shall be recorded with the Dakota County Recorder. 5. Subject to an agreement between the owners and approval by the staff concerning the acquisition of necessary permanent street easements through the parcels to the north. 6. That the owners will be notified concerning maintenance of any of the utility lines covering the parcels to the north. 7. That parcel 010-78 will be considered two residential lot equivalents for sewer and water assessment purposes. Wachter seconded the motion and all voted in favor. EAGANDALE OFFICE PARK 2ND ADDITION - PROJECT #446 - PUBLIC HEARING The hearing regarding street and utility improvements for Project #446 within Eagandale Office Park 2nd Addition was convened by Mayor Blomquist. The request is the result of the application of NOrthwestern Mutual Life Insurance Co. for the improvements and Tom Colbert, together with Mark Hansen, discussed with project with the City Council. Sanitary sewer, watermain, storm sewer and street improvements were included. There being no objections, Wachter moved, Egan seconded the motion to close the hearing, to order in the project and authorize the preparation of plans and specifications. All voted affirmatively. GROUP W - STREET IMPROVEMENTS - REVISED PROJECT #423 - PUBLIC HEARING The Mayor then convened the public hearing regarding Project #423 covering street improvements for the Group W Cable subdivision area. Mr. Colbert noted that the original project provided for construction of only one-half of the street due to objections from the property owners on the south side of the street. He indicated that the area south of Group W Addition is being proposed for development and staff recommended the entire street be built and assessed according to benefits derived. There were no objections. Thomas moved, Smith seconded the motion to close the hearing, to order in the project and to authorize the preparation of plans and specifications. All voted yes. 5 Council Minutes July 2, 1985 Q i7 17 --"4 CINNAMON RIDGE PROJECT - TAX INCREMENT FINANCING The public hearing covering the application of Can American Group for tax increment financing district and interest rate reduction project for Cinnamon Ridge apartment project next came before the City Council. The Mayor opened the hearing and City Administrator Tom Hedges presented the application. He stated that the programs meet the guidelines that were set forth by the City Council in 1984-85 and that the City's fiscal consultant, Marsha Cohodes from Miller & Schroeder Municipals, Inc. and Stan Kehl, Bond Counsel from Holmes and Graven were present. He further noted that meetings had been held with staff members and the applicant and the general perameters for a development agreement with Can American had been detailed. He mentioned that if the interest rate reduction program is approved, that the City and all other taxing jurisdictions will receive the base amount of taxation existing today on the property along with 50% of the new taxable rate. The remaining 50% becomes a tax increment, which is used by the Can American Group to reduce rental rates by approximately $42.00 per month, according to their information. A 50% increment is returned to the City at the end of 10 years or upon sale of the project, which can be used in total by the City's HRA or City Council. The projected tax increment provided to the City at the end of 10 years is $1,494,253.00 according to assumptions provided by Miller & Schroeder. Bryan Weber of Can American was present and made a presentation explaining the proposal including the proposed development agreement. Councilman Smith questioned the 5% interest factor, and further asked how the City could be assured of an arms-length sale at the end of 10 years, or prior to the end of the 10 year period. Stan Kehl stated that a provision for an independent appraisal at the time of such sale, or at the end of 10 years, will be provided. Councilman Wachter asked whether lower rents would result because of the financing and according to Mr. Weber, this would be true. Mr. Wachter further stated that it was his opinion that the original rates appeared to be excessive for what was intended. He was further concerned about the quality of construction because of the involvement of the City taxpayers, and stated that there would be no assurance of increase in value. Councilman Egan stated that the decision is a subjective one, made by the City Council as to whether a comparable project can be developed on the parcel without tax increment financing. After discussion, Smith moved, Thomas seconded the motion to approve the application for tax increment financing and interest rate reduction program for the Cinnamon Ridge project, subject to the following conditions: 1. The applicant will comply with all City, State and Federal regulations regarding the tax increment and interest rate reduction program requirements. 2. A development agreement will be entered into between the applicant and the City outlining all necessary provisions for the program. 3. An independent appraisal will be provided at the time of sale or at the end of the 10 year period to determine the fair sale price. 6 Council Minutes July 2, 1985 Those in favor were Thomas, Smith and Egan; those against were Blomquist and Wachter. R 85-43 WESTBURY 1ST ADDITION - WAIVER OF PLAT & VARIANCE The application of Gabbert Development Company for waiver of plat to adjust side lot line between Lots 5 and 6, Block 5 and a 7 foot setback variance to Lexington Avenue was presented to the Council. Dave Gabbert was present and Dale Runkle detailed the application. The Advisory Planning Commission recommended approval. After discussion, Smith moved, Egan seconded the motion to approve the application, noting that the City Council had denied the application for variance, and that the 50 foot setback requirement had been overlooked by all persons reviewing the plat originally. The approval was subject to the following: 1. Houses shall be designed and located to meet all the setback requirements. No variance shall be granted for Lot 5. 2. All city ordinances and requirements shall be adhered to. 3. All drainage and utility easements shall be vacated and relocated to conform with the new lot line. Thomas, Smith and Egan voted yes; Blomquist and Wachter voted against. E-Z AIR PARK - CONDITIONAL USE PERMIT - PYLON SIGN The application of Nordquist Sign Co. for conditional use permit for 27 foot high pylon sign in Plainview Addition for the E-Z Air Park was next heard. The Planning Commission at its May 28, 1985 meeting recommended approval, subject to conditions including reduction in the size of the sign to 125 square feet. Dale Runkle reviewed the application and a representative of the applicant was present. Wachter moved, Smith seconded the motion to approve the application, subject to the following conditions: 1. The sign shall not exceed 27 feet in height. 2. The sign shall be located at least 10 feet from any property line. 3. All other City ordinances and requirements shall be adhered to. 4. The signs shall be oriented perpendicular to the I-35E right-of-way in order to maximize exposure to the freeway and minimize the impact on the adjacent residences. 5. The sign shall not exceed 125 square feet per side. All voted in favor. 7 Council Minutes July 2, 1985 Q PETROLEUM - VARIANCE - NICOLS ROAD The application of Q Petroleum for variance allowing overhead canopy and front setback area on Nicols Road was then considered by the Council. Dale Runkle explained the application and noted that two other stations have been allowed comparable variances. A representative of Q Petroleum was present and explained the proposal to the Council. Councilman Smith recommended review of the service drive and suggested a study by the staff to determine whether the drive ought to be eliminated. Smith moved, Wachter seconded the motion to approve the application subject to the following conditions: 1. The staff and applicant shall be directed to review the access and service drive with the potential of vacating the service drive. 2. All other applicable ordinances shall be adhered to by the developer. 3. The service road curb cuts shall be reviewed and approved by the County Highway Department prior to construction. 4. A landscaping plan shall be submitted for City Staff approval prior to construction of the canopy. All members voted yes. R. L. JOHNSON 2ND ADDITION - PRELIMINARY PLAT The application of R. L. Johnson Company for preliminary plat approval of R. L. Johnson 2nd Addition consisting of one industrial lot on approximately 19 acres within Outlot A, Comserv Addition, was presented to the Council. Dale Runkle noted that the plans provide for the construction of two one-story 112,000 square foot office/warehouse buildings on the property and that the property is zoned Limited Industrial, with the Comp Plan designating the area as Industrial. A representative of the applicant appeared before the Council and noted that screening and detailed landscape plans will be submitted to the City for approval. Exterior material will be similar to that of the Comserv building and that Comserv has, as a condition of the sale of the property, the right to approve the architecture and plans for the project. Blue Cross officials have also reviewed the application. Wachter moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. A $75,000 landscaping bond or letter of credit shall be obtained and not released until the satisfactory completion of the retaining walls and landscaping (one year after planting). 2. The additional parking spaces shown on the northeast corner of the site shall be constructed if parking capacity is exceeded according to City staff determination. 3. A modified landscaping plan adding a mix of coniferous and deciduous trees along the southeast property line shall be submitted and approved prior to final plat approval by City staff. 4. All standard preliminary plat conditions shall apply. 8 Council Minutes July 2, 1985 ,r 5. The developer shall meet the applicable requirements of the standard engineering conditions. 6. All internal easements shall be dedicated in accordance with staff recommendation. 7. All costs associated with development shall be the sole responsibility of this development. 8. All other applicable City Code and Policy requirements shall be complied with by the developer. 9. A detailed grading and erosion plan indicating existing contours at 2 foot intervals and proposed contours at 2 foot intervals with proposed drainage arrows is required to be submitted for staff review and approval prior to final plat approval. 10. All interior utilities shall be constructed and installed to City standards. If these utilities are installed privately, then the plans and specifications shall be prepared by a registered engineer an be submitted for approval by City staff. 11. Given the visibility of the site, a roof screening plan shall be submitted to City staff and approved by City staff prior to final plat approval. All voted in favor. SEE PLAT FILE J. E. PARRANTO - OFF-SALE LIQUOR LICENSE The City Council next considered the off-sale liquor license of J. E. Parranto & Associates that was last considered at the January 2, 1985 Council meeting. At that time, a motion was adopted extending the license through June of 1985 with the understanding that the Council at its first regular meeting of July, 1985 would consider whether to remove the Parranto license, refund the license fee to the licensee for the balance of the calendar year, or to continue the license if the applicant submitted to the council sufficient evidence and concrete plans and steps to implement the use of the license, which determination would be made solely at the discretion of the City Council. Copies of the minutes had been distributed and Tom Hedges introduced the subject-to the Council. Mark Parranto appeared for the applicant and described to the members of the Council the location at the proposed shopping center at County Road 30 and Nicols Road. He described the project to include 24,000 square feet of retail shopping, a superette, off-sale liquor store, and indoor and outdoor soccer facilities as part of the plans for the location. He noted that the project is expected to be under construction in September or October of 1985 and operational during the coming winter. Councilman Smith questioned whether outdoor soccer should adjoin the single family homes, and also there were questions about the distance of the proposed location from the Cedar School. 9 Council Minutes July 2, 1985 Smith moved to allow the continuance of the license with the understanding that there were concrete plans and specifications that had been prepared and submitted and that the applicant therefore be given until the end of 1985 to further complete the plans for the operation of the liquor license. There was no second and the motion died. David Perrier appeared and opposed the application, noting that there were not concrete evidence and plans, according to the Council's requirements. There was no other motion and the effect of the lack of motion was that there be no extension of the license and that the fee would be refunded for the balance of the year. BLACKHAWK TOWNHOUSE APARTMENT - FINAL PLAT The application of Sharevest, Inc. for final plat approval of Blackhawk Townhouse Apartments again came before the City Council. It had first been considered on June 18, 1985 at the City Council meeting and continued in order to answer certain questions regarding the berm, grove of oak trees, and an issue concerning the lot line between Darold Holden and the developer, Douglas Johnson. Mr. Johnson was present and discussed with the City Council the tree buffer along the single family homes on the west and also he indicated that the boundary line issue with Darold Holden had been resolved by the signing of an agreement. There being no further objections, Smith moved, Thomas seconded the motion to approve the application subject to all of the conditions that were imposed by the City and to authorize the Mayor and City Clerk to execute the necessary documents. All members voted in favor. Upon motion by Egan, seconded Thomas, it was resolved that the application for issuance of a building permit for the model units and rental office identified as Cluster "D" and also the pool building, based upon proof that Dakota County received the plat, be approved. All voted yes. R 85-44 PERRIER & ASSOCIATES - OFF-SALE LIQUOR LICENSE The application of Perrier & Associates, Inc. for off-sale liquor license for the Cedar-Cliff Commercial Park then came before the Council. David Perrier appeared and made a presentation on his behalf but indicated that there had been no lease that had been signed at the present but expected to be able to acquire a lease from the developers of the shopping center. Pam McCrea appeared and questioned whether Cedar Cliff Shopping Center is in compliance with the-area requirements of the Eagan off-sale liquor location provisions. Mark Parranto stated that it was his understanding that an applicant is required to specifically have a location before a license is issued. Councilman Wachter suggested continuing the application until the off-sale liquor license area policy is determined. Egan moved, Wachter seconded the motion to continue the application until the next regular meeting to allow the staff to define the geographical areas and submit to the Council more detailed information for final approval by the Council and alternates for changes and recommendations for the off-sale liquor license boundaries. All councilmembers voted affirmatively. 10 Council Minutes July 2, 1985 MILLWORK BARN - ADVERTISING SIGN The application of Don Prettyman for special permit for advertising sign for the Millwork Barn to be located on the Jerome Utecht property on Highway #13 came before the council. Dale Runkle noted that the proposal appears to be between the definition of a business and an advertising sign under the Eagan City Code and would consist of a business sign off the owner's premises. Don Prettyman was present and mentioned that the sign would be removed if the land is developed and there being no objection, Thomas moved, Wachter seconded the motion to approve the application, with the following conditions: 1. That the sign permit would not be transferable or usable for any other advertising uses. 2. The sign shall be maintained in a neat and orderly fashion as determined by the City of Eagan. 3. All setback requirements shall be made from the property lines. 4. The sign shall resemble the exhibit that is attached to the July 27, 1985 staff report. 5. This sign shall not obstruct any other signs on the property. All voted in favor. GEORGE HEUER - LAKESIDE ESTATES - VARIANCE The application of George Heuer for a 10 foot front setback variance for Lot 18, Block 1, Lakeside Estates then came to the Council. Dale Runkle explained that the applicant is requesting the variance for a lot along Atlantic Hills Drive to locate a portion of his garage within the front setback area. The reason is because of the 200 foot power line easement which occupies the rear yard of the lot and prohibits construction over the easement. Smith moved, Thomas seconded the motion to approve the application, subject to the following conditions, noting the hardship involved: 1. The variance is for the garage portion of the structure only. 2. All other ordinances and setbacks shall be adhered to. All members voted in favor. TOLLEFSON BUILDERS, INC. - BRITTANY 8TH ADDITION - VARIANCES An application from Tollefson Builders, Inc. for 10 foot front setback variances for Lots 3 through 6 and Lot 10, Block 2, Brittany 8th Addition was brought to the Council. Dale Runkle explained the reason for the request, noting the severe topography and trees scattered throughout the sites, and recommended approval. Carl Tollefson was present and explained the reasons for the variance request. Wachter moved, Egan seconded the motion to approve the application, subject to the applicant providing detailed grading plans for Brittany 8th Addition to conform with all other City Code requirements. All voted in favor. 11 Council Minutes July 2, 1985 METRAM PROPERTIES - ADVERTISING SIGN - SILVER BELL CENTER The application from Metram Properties for temporary advertising sign located on Lot 1, Block 1, Silver Bell Center to advertise Robin Lane Condominiums was scheduled for consideration by the Council. Dale Runkle noted that under the Eagan Code, the Council would be required to authorize the variance from the provisions of the sign ordinance for the temporary advertising sign, noting there is a business pylon sign advertising the Silver Bell Shopping Center within which parking lot the sign is proposed to be located. Generally, the councilmembers disapproved of an advertising sign within a commercial shopping center, and upon motion by Wachter, seconded Egan, it was resolved that the application be denied for the specific location, noting the excessive number of signs within the general area and also the additional pylon sign within the shopping center. All voted yes. EAGANDALE INDUSTRIAL PARK NO. 7 - SIGN PLAN REVIEW Opus Corporation submitted an application for site plan review for Phase II Eagandale Center Industrial Park No. 7. The plan was originally presented to the Advisory Planning Commission on February 28, 1985 and approved by the City Council on March 19, 1985 with the understanding that further phased review will take place by the City Council. Dale Runkle indicated that the applicants have met with some of the residents along Burnside Avenue and that berming has been taking place. Bob Worthington of Opus Corporation was present and described the landscaping to be proposed. There were no objections and Thomas moved, Wachter seconded the motion to approve the application, subject to the normal conditions imposed upon the development. All voted affirmatively. HRA - SCATTERED SITE PUBLIC HOUSING UNITS Tom Hedges introduced the request of the Dakota County Housing & Redevelopment Authority for additional scattered site public housing units within the City. Fifteen of the seventeen total units that were authorized had been purchased under the prior program and Mark Alpors of the HRA appeared and stated that there is a very large waiting list for Eagan residents. He requested a new cooperation agreement for 5 more units to potentially purchase all remaining units with current funds in Eagan from the balance remaining from previously executed cooperation agreements with other cities, including Lakeville. Smith moved, Egan seconded the motion to approve the request for 5 additional family units under the scattered site public housing program. All voted in favor, except Wachter who voted no. HEIDI SCHIELA - SPECIAL ASSESSMENT AGREEMENT - PROJECT #383 City Attorney Paul Hauge presented a proposed agreement between the City of Eagan and Heidi Schiela regarding the assessment appeal under Project #383. The assessment was approved by the City Council in the amount of $5,511.41 subject to execution of agreement to provide for increased assessments if the property changes in use with a waiver of the right to appeal the future 12 Council Minutes r7' - July 2, 1985 #1 assessments. Mr. Hauge stated that the staff has now prepared an agreement, that has been approved by Ms. Schiela, but would provide that in the event of a change of use or subdivision of the property, that the City may levy supplemental assessments according to the then existing rates with the understanding that the owner could appeal the assessments based upon benefits. After discussion, Smith moved, Thomas seconded the motion to approve the agreement as presented. All voted in favor except Wachter and Egan who voted no. SUNCLIFF 1ST ADDITION - WAIVER OF PLAT - DOUGLAS PIETSCH An application from Douglas Pietsch for waiver of plat for duplex lot split for Lot 4, Block 1, Suncliff 1st Addition was brought to the Council. After explanation by Dale Runkle, there being no objection, Smith moved, Egan seconded the motion to approve the waiver of plat as requested. All voted in favor. DUCKWOOD, DENMARK & DEERWOOD MSA STREET IMPROVEMENTS - CONTRACT #85-9 The plans and specifications for Contract #85-9 consisting of street improvements for Duckwood Drive, Denmark Avenue and Deerwood Drive were presented by the consulting engineer. It was recommended by staff that the Clerk be authorized to advertise for bids to be opened on July 31, 1985 at 10:30 a.m. at the Eagan Municipal Center. Egan moved, Blomquist seconded the motion to approve the recommendation and order it implemented. All Councilmembers voted in favor. EAGANDALE OFFICE PARK 2ND ADDITION - CONTRACT #85-19 The plans and specifications for Contract #85-19 covering utility and street improvements for Eagandale Office Park 2nd Addition were next brought to the Council. It was recommended that the plans and specifications be approved and upon motion by Thomas, seconded Egan, it was resolved that the recommendation be approved and that the City be authorized to advertise for a bid opening on Wednesday, July 31, 1985 at the Eagan Municipal Center at 10:30 a.m. All voted yea. CONCERNED CITIZENS - THOMAS LAKE PLACE Lynn Trok and Dan Wermes appeared on behalf of a group of concerned citizens in the area of Thomas Lake and requested a separate meeting with the City Council to discuss the change in density regarding the Thomas Lake Place project. After discussion, a special meeting was scheduled for-July 23, 1985 at 7:00 p.m. at the City Municipal Center to discuss the issue. 13 Council Minutes July 2, 1985 YANKEE DOODLE ROAD & TERMINAL DRIVE - STREET INTERSECTION - MIKE GRESSER A request had been received from Mike Gresser to redesign that portion of Yankee Doodle Road intersection at Terminal Drive based upon Mr. Gresser's request, noting that the dead end street has turn-arounds in Mr. Gresser's driveway area, causing damage to the drive-way, curbing, etc. Mr. Gresser was present and discussed the proposal. It was noted that because Comserv intends to develop its property to the rear of the dead-end street, it would not be logical to cut off the street and the staff recommended against Mr. Gresser's solution which could create future maintenance problems and unsafe maneuvers. Liability on public streets was also an issue. Egan moved, Wachter seconded the motion that the staff prepare alternates in conjunction with Mr. Gresser's cooperation to be returned to the City Council for review and approval. All members voted yes. APPROVAL OF COUNCIL MINUTES 1. June 18, 1985 - Regular Meeting. Egan moved, Wachter seconded the motion to approve the minutes of the June 18, 1985 regular meeting, with the following revisions: Page 1, the Gang Mower Purchase, that Egan moved, Wachter seconded the motion to acknowledge the actual costs of the gang mower. All voted in favor; on page 7 regarding the Cinnamon Ridge Project, that the City will share in the equity of the project. All voted yes. 2. May 14, 1985 - Special Meeting. Egan moved, Wachter seconded the motion to approve the minutes. All voted in favor. 3. June 11, 1985 - Special Meeting. Smith moved, Thomas seconded the motion to approve the minutes as revised. All voted yea. 4. June 13, 1985 - Special Meeting. Smith moved, Wachter seconded the motion to approve the minutes as presented. All voted in favor except Blomquist who voted no, noting that she was not present at the meeting and she further stated that she had questions about the density issue not being adequately answered with regard to Blackhawk Park Planned Unit Development. SALE OF ICE CREAM PRODUCTS ON CITY STREETS The City Hall and Police Department have received recent inquiries and complaints regarding -ice cream trucks selling products on City streets throughout the community. A letter from the City Attorney's office regarding Code Section 9.15, noting it is unlawful for a person to park a vehicle on the street for the purpose of selling merchandise was discussed. Strict enforcement, City Code amendment or the granting of a solicitors license were alternates for the City Council. The Council directed that the ordinance be enforced strictly and that under present provisions, licenses would not be issued for such uses. 14 Council Minutes July 2, 1985 3 CITY LIABILITY INSURANCE Tom Hedges explained to the Council that the City's general liability, worker's compensation and part of its professional liability insurance expires as of July 1, and that the City staff has been working with Bruce Medvec of First Insurance Valley View requesting bids for 1985-1986, noting that substantial increases in liability insurance premiums are being required by insurance companies. The staff recommended further investigation. The umbrella insurance carrier has agreed to a 10 day extension and Home Insurance has agreed to a 30 day extension for further consideration by the City. Thomas moved, Blomquist seconded the motion to acknowledge the insurance renewal with First Insurance Valley View with the understanding that the City will investigate other options for insuring its general liability and professional liability and worker's compensation; further, that the Director of Finance confer with Councilmember Smith for concurrence regarding the liability insurance rates. All voted in favor. ROYAL OAKS PETITION - PROJECT #432 - EASEMENTS Paul Hauge discussed with the Council the negotiations with two property owners from whom sanitary sewer easements are required under Project #432. He reviewed the request from Ed Dunn at $.50 per square foot for 32,400 square feet of permanent easement and 137,700 square feet of temporary easement with payment for the permanent easement only of $16,200.00. In addition, Richard Steiner has requested $1.00 per square foot for the permanent easement, noting that 6,000 square feet of permanent easement and 9,000 square feet of temporary easement are required over the Steiner property for a total of $6,000.00 payment. After review, Smith moved, Egan seconded the motion to approve the negotiated agreements with Mr. Dunn and Mr. Steiner and to authorize the staff to implement the payments. All members voted in favor. CHECKLIST Upon motion by Smith, seconded Thomas, it was resolved that the following checklist dated July 2, 1985 in the amount of $445,035.16 be approved. All voted yes. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:40 p.m. PHH CIM k "klL City-C erk 15