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09/05/1989 - City Council Regular Page 10/EAGAN CITY COUNCIL MINUTES September 5, 1989 VACATION/CEDARVALE BOULEVARD/PORTION OF RIGHT-OF-WAY City Administrator Tom Hedges recommended continuing the matter to October 5, 1989 to allow the petitioner to obtain an executed agreement. Gustafson moved, Egan seconded, the motion to continue to the October 5, 1989 City Council meeting the public hearing to vacate a portion of Cedarvale Boulevard. All voted in favor. VACATION/BLACKHAWK PONDS ADDITION/ACCESS EASEMENTS City Administrator Tom Hedges recapped the matter for the Council. Public Works Director Tom Colbert explained the necessity for the vacation. Gustafson moved, Egan seconded, the motion to close the public hearing and approve the vacation of the access easement across Lots 12 and 13, Block 1, Blackhawk Ponds Addition and authorize the Mayor and City Clerk to execute all related documents necessary for recording at Dakota County. All voted in favor. VACATION/PONDVIEW ADDITION/DRAINAGE AND UTILITY EASEMENT City Administrator Tom Hedges summarized the matter for the Council. Public Works Director Tom Colbert explained the nature of the vacation. He stated the shopping center would be over the easements and that there were utilities present. He stated the utility companies requested relocation guarantees and cost reimbursement. He recommended continuing the matter to the September 19, 1989 City Council meeting. Gustafson moved, Wachter seconded, the motion to continue the public hearing for the vacation of drainage and utility easements within the Pondview Addition to the September 19, 1989, City Council meeting. All voted in favor. FAIRWAY HILLS 1ST AND 2ND ADDITIONS/REQUEST FOR COST PARTICIPATION Egan moved, Gustafson seconded, the motion to continue the matter to a later time at the meeting. All voted in favor. KENNEALY ADDITION/PRELIMINARY PLAT/ STORM SEWER-PONDING REQUIREMENTS City Administrator Tom Hedges presented the background information. Councilmember Egan questioned if staff had responded to Attorney Gross. Public Works Director Tom Colbert stated that the City's position was made clear at the prior meeting. Page 11/EAGAN CITY COUNCIL MINUTES September 5, 1989 Mayor Ellison requested a recap of the previous discussions. Mr. Colbert recapped the previous Council discussions and the current staff report. He stated that Pond AP-8 was on the Comprehensive Storm Sewer Plan. He outlined the drainage district. He reported that 2.6 acre feet would meet the Kennealy drainage needs. He explained that the preliminary plat showed a rectangular pond of .92 acres necessary per the drainage and grading plans. He recapped Attorney Gross' conditions and staff's response. Mayor Ellison asked if the policy was consistent with past requirements. Mr. Colbert responded yes and that it was less than some other developments. Councilmember Egan had questions regarding the excess drainage. Mr. Colbert stated it was not yet identified. Egan questioned if the City was being boxed in. Mr. Colbert stated the City had several options including acquiring from Kennealy. Loren Gross (Attorney for Kennealy) referenced an April 10, 1978 letter from Ed McMenomy. He stated that the current dedication reduced the acreage of the property to 7.65 acres, including the road expansion. He felt 12% was not a reasonable amount and informed the Council that the owner had lost purchasers for the property. He referenced condition number 4 regarding fencing. He stated that monetary compensation was only a partial compensation. He felt the dedication could have been taken care of one year ago and requested the City treat his client fairly. Councilmember Egan commented that the City was dealing with detailed engineering matters and acre feet. He felt the percentage was irrelevant and that the City should depend on the topography. Public Works Director Tom Colbert explained the minimum and maximum depth. City Attorney Jim Sheldon reported that the City was entitled to "reasonable dedication" and that each City had its own guidelines. He explained that based on engineering data, the City could conclude that it was reasonable. He further explained that if the City believed each piece was reasonable, that the total dedication was reasonable. Mr. Gross informed the Council that Mr. Kennealy had already paid for the storm sewer assessment. Public Works Director Tom Colbert pointed out that the outlet to the storm sewer was provided. Mayor Ellison remarked that the City had given firm numbers and that it was up to the owner to deal with them and relay them to future buyers. Mr. Gross stated that the amount requested was for high value land. He questioned the overland drainage. Councilmember Wachter questioned the original size. Mr. Gross stated it was 25 acres and that most of it was taken for Highway 77. Mr. Wachter felt that the pond could be an amenity to the property. Mr. Gross agreed but explained that Mini Storage did not need a pond. Mr. Kennealy Page 12/EAGAN CITY COUNCIL MINUTES September 5, 1989 reported that there was nowhere near five feet of water in the past. Mr. Colbert stated that the City was anticipating full development. Councilmember Gustafson asked what would prevent the owner from filling in a man-made pond. Mr. Colbert pointed out that the owner would need a fill permit. Councilmember Egan remarked that there did not seem to be much of a disagreement. Mr. Gross stated his client requested monetary compensation. Councilmember Gustafson concurred with legal counsel in that the amount was reasonable. Egan moved, McCrea seconded, the motion to approve and adopt staff recommendations and responses to Mr. Gross' letter dated August 23, 1989 as follows: 1. To be addressed and reviewed at a later date as it may pertain to a particular land use application. 2. The staff recommends that this property be responsible for its normal park dedication requirements irregardless of the ponding dedication issue. 3. The staff does not have objections as long as the previously referenced elevations are also complied with. 4. Presently, the City does not require the fencing of any ponding areas. The City should not assume the responsibility for other agency requirements. The staff does not recommend acceptance of fee title to a ponding area, especially if it is used for density calculations of development proposals. 5. The staff recommends that the dedication of the ponding area as referenced be as a condition of plat and development approval and at no cost to the City. All voted in favor. Mr. Gross informed the Council that the action before the Advisory Planning Commission was moot. He stated he would request plat withdrawal and would be in contact with staff. FAIRWAY HILLS 1ST AND 2ND ADDITIONS/ REQUEST FOR COST PARTICIPATION City Administrator Tom Hedges presented the background information. He praised all present at the meeting for their cooperation. He informed the Council that at the August 23, 1989 meeting, some issues were resolved. He commented that the time commitment was tight but that the frontage road should be constructed this fall. He reported that the letter from Roger Derrick set forth the developer's estimate of its costs. He Page 13/EAGAN CITY COUNCIL MINUTES September 5, 1989 referenced Jon Hohenstein's memo dated August 29, 1989 in which staff's opinions were set forth. He requested Council direction as to which option staff should pursue. He felt it was a County issue and stated that the developer requested findings of the Council recommendation to the County Board. Mary Vujovich (Attorney for developer) stated that the facts were still colored. She stated that the Fairway Hills was a DMS project. She explained that the City had approved the plans and requested staff produce the plans. She explained that Camelback Drive abutted the service road. She pointed out that Fairway Hills 2nd Addition was developed by Bridlewilde Properties. She explained that Bridlewilde's plans were also approved by the City which included the frontage road. She stated a letter from Mike Foertsch gave the project the go-ahead. She commented that the County had copies of the plans and that the retaining walls were not built for the development but were for surrounding properties. She stated the developer requested a say in the wall design and that the City asked the developer to satisfy the County. She pointed out that the County had provided the specifications with the developer building the wall. She further stated that the City had asked the developer to redesign the frontage road and that the City then stopped construction. She felt it was a contractual matter between the developer and the City. She requested the costs incurred by the developer be included in the total County cost. She reiterated that the developer relied upon the City and requested that the Council support the developer's approach to the County. Mayor Ellison asked Mr. Herrmann what his understanding was from the three hour staff meeting. Mr. Herrmann stated that the plan had been redesigned and that he was ready to act. Councilmember Egan requested legal interpretation of the rights and liabilities of the City. He asked whether the City or the County was liable. City Attorney Jim Sheldon replied that the factual determination would make a big difference in the legal analysis. City Administrator Tom Hedges explained that there were two main points (1) the City and developer agreeing on the road construction and (2) who would pay for the costs. He explained that the County road had been shifted and that the County admitted it had requested the shift. He felt there should be some cost participation by the County due to that change. Mr. Herrmann felt that the wall and guard rail should have been paid for by the County. Councilmember Wachter asked when notice had been received regarding the road change. Public Works Director Tom Colbert stated there was no formal notice as the change was insignificant. Councilmember Gustafson pointed out that the plans included the road and asked if the plans contained specifics regarding the road. Mr. Colbert stated that the first addition plans did not provide Page 14/EAGAN CITY COUNCIL MINUTES September 5, 1989 specifics and that it was deleted for the second addition. He stated the plans had details but did not have adequate dimensions for compatibility with the County road. He explained that the detailed wall plans were never submitted. Councilmember McCrea asked if there was documentation in the file that the road design was inadequate. Mr. Colbert stated that the City had acted in the correct way and had done nothing wrong. McCrea questioned if a problem would still exist if the City had done the installation. Mr. Colbert responded no, that the City would have worked with the County. McCrea questioned why the City had not checked with the County to see if it was compatible. Mr. Colbert stated that the developer said it would work with the County and that the developer was expected to design the frontage road compatible with the County road. Councilmember Egan asked if the City had ratified the County plans and modifications. City Attorney Jim Sheldon stated that it was a very complex fact situation and that until the facts were resolved, the City should refrain from legal conclusions. Councilmember McCrea felt that no one was at fault and that everyone should look for a win/win outcome. Mr. Sheldon stated that it should be determined as to what facts everyone agreed and disagreed on. He commented that a contract dispute was a factual dispute. City Administrator Tom Hedges informed the Council he would suggest continuing the matter but that it would delay the project. Mayor Ellison questioned why the road could not be built now. He recommended building the road and determining the cost later. Roger Derrick agreed with Mr. Sheldon regarding the facts. He informed the Council that the March, 1987 County plan was not available to him until December of 1987. He pointed out that the development was complete by that date. Mr. Herrmann stated he felt the City acted in a fair manner. Mr. Derrick felt that the City did not make a mistake by approving the plan but that the County made mistakes. He requested a fair outcome. Mayor Ellison commented he felt that common sense said the City should not pay for what others would have paid for anyway. He asked where the line should be drawn. He remarked that there were differing opinions between the two conflicting engineers. Councilmember Gustafson pointed out that the developers had utilized the plans that had been approved by the City. He felt the City was not involved and that the County was responsible for the changes. He felt the decision was between the developer and the County and that the City did not have authority in the matter. He felt a recommendation should be that it is not a City problem and a Page 15/EAGAN CITY COUNCIL MINUTES September 5, 1989 request to the County to resolve the problem by a certain date. Councilmember McCrea concurred with Mr. Gustafson and recommended the County determine its liability. McCrea moved that the developer go to the County and that the City recommend the County assume 100% liability for the wall and guardrail only. Councilmember Egan stated that a resolution should not impede the project and felt there were three parties involved. He remarked that it was primarily a problem between the developer and the County. He felt the City was not qualified to determine the developer engineering quality. He proposed a nominal involvement by the City and that the County assume 50% of the wall and guardrail only and that the City be involved up to $5,000.00. He felt the County and the developer should assume the majority of the cost. Councilmember McCrea recommended requesting the County to reimburse the developer. Mayor Ellison pointed out the City should not attach dollars until the County decided its liability. He favored inclusion in the project. Councilmember Gustafson felt the County must make its decision. Mayor Ellison felt the County should decide its liability and that the City would then assume its share. Councilmember Egan requested submitting a percentage to the County as reports could drag on forever. Mr. Herrmann requested a positive note from the City Council. Mr. Egan pointed out that it was what the Council was attempting. Councilmember McCrea suggested the Council submit a positive report supporting the position that the developers were caught in the middle. Public Works Director Tom Colbert stated that staff would submit a positive report upon direction by the Council. Councilmember Egan recommended the County participate up to 50% of the cost of the final negotiated amount with the developer and the developer pay the other 50%. He felt the City should not assume 45%. Mr. Colbert stated that the City would reimburse the County 45% of the County cost by contract. Councilmember Gustafson remarked that the County owed money and it should pay and that the amount should be worked out between the developer and the County. Mr. Colbert stated that the developer wanted the County to pay with the City paying its fair share. Mr. Herrmann agreed with Mr. Colbert's statement and informed the Council it would begin construction in the morning. McCrea moved, Egan seconded, the motion to recommend that the County determine its liability and further approve payment by the City of 45% of the cost based on the project cost split, with staff to provide supporting documentation. All voted in favor. R-89.54 STRATFORD OAKS/SPECIAL ASSESSMENT ABATEMENT City Administrator Tom Hedges updated the Council regarding the matter. Page 16/EAGAN CITY COUNCIL MINUTES September 5, 1989 Dan Dolan (Eagan 40 Limited Partnership) informed the Council he was a general partner of the landowner. He reported that the past assessments were deferred until the property developed. He pointed out that the landowner was unable to sell the 2.2 acres because they could not split the lot. He explained that $35,000.00 was the amount agreed upon between the landowner and the City. He stated that Trammel Crow should close before the end of the month. He pointed out that no benefits had been received on either project. City Administrator Tom Hedges informed the Council that the matter had been discussed at the staff meeting and that an alternative to Gene VanOverbeke's memo dated August 28, 1989 would be to enter into an agreement with New Horizon. The developer commented that it would pay the principal but not the interest and penalty. City Attorney Jim Sheldon pointed out that the interest and penalty could be deferred. Wachter moved, Egan seconded, the motion to approve a request by Dan Dolan to abate assessments that are now levied against Lot 1, Block 1 and Lot 1, Block 2, Stratford Oaks Addition, in the amount of $231,163.88 as shown on Waiver of Hearing 00263, with the reassessment to be considered with subsequent development proposals. All voted in favor. Egan moved, Wachter seconded, the motion to approve a request by Dan Dolan to abate the penalties and interest for special assessments in the principal amount of $35,000.00 as shown on Waiver of Hearing 220 for the Stratford Oaks plat. All voted in favor. ORDINANCE AMENDMENT/CHAPTER 11/INTERIM USE PERMITS City Administrator Tom Hedges explained the ordinance amendment proposals to the Council. Councilmember McCrea had questions and concerns regarding the termination of a use. City Attorney Jim Sheldon informed the Council that based on new legislation, the City should have a tool in place for a unique situation. Councilmember McCrea recommended the addition to the proposed ordinance stating that all permits would be reviewed annually. Mayor Ellison questioned how interim use permits differed from special use permits. Mr. Sheldon explained that interim use permits are land associated as opposed to operator oriented as in the case of special use permits. Community Development Director Dale Runkle pointed out that it was a very unique measure. McCrea moved, Egan seconded, the motion to approve the ordinance amendment to City Code Chapter 11 that allows for interim Page 17/EAGAN CITY COUNCIL MINUTES September 5, 1989 use permits subject to the inclusion of a paragraph stating all interim use permits will be reviewed annually. All voted in favor. BRITTANY 10TH ADDITION/DECLARATION/ DEFAULT OF DEVELOPMENT AGREEMENT City Administrator Tom Hedges presented the background information to the Council. Carl Tollefson (developer) informed the Council that the proposed resolution was for the most part untrue. He stated that the actual development was completed in 1988. He felt that the water and sewer contractor did not do a complete job. He informed the Council that the contractor would not return and therefore he was going to sue the contractor. He stated he had reviewed the punch list in April and that Erickson had completed the list in May. He informed the Council that Erickson was completing the new punch list at the present time and that it should be completed in the present week. He questioned what was meant by future road and pointed out that John Brown still owned the property. He stated that the only item left would be the final lift of the blacktop. Councilmember McCrea had questions regarding the percentage sold and the debris. The developer responded that 65% to 70% had been sold. Public Works Director Tom Colbert explained that the debris was from the development. Mayor Ellison questioned continuing the matter to the next Council meeting. The developer stated the work would be completed by that time. Public Works Director Tom Colbert recommended approval of the declaration of default. Councilmember Egan agreed with Mr. Colbert. City Administrator Tom Hedges pointed out that there was still a shortage in the escrow account. Mr. Tollefson requested the reduction of the Letter of Credit as the lender would not advance the funds for the escrow. Egan moved, Wachter seconded, the motion to declare Brittany Estates, Inc. in default of the development agreement for the Brittany 10th Addition and to authorize the execution of a resolution, subject to a two week delay with the escrow being paid immediately; if the default is not cured within two weeks, City staff is authorized to proceed with appropriate actions. All voted in favor. R-89.55 VISITORS TO BE HEARD SENECA PLANT John Wesley had concerns regarding the DNR permit for the Seneca Plant. He stated the City could request a public hearing. Mayor Ellison reported that he would be notified when City staff and the City Attorney had reached a conclusion. Page 18/EAGAN CITY COUNCIL MINUTES September 5, 1989 City Attorney Jim Sheldon referenced his memo regarding the Seneca hearing. STAFFORD PLACE City Administrator Tom Hedges informed the Council that there was a serious erosion problem at Stafford Place and that City staff had cleaned up a portion of the debris. ZOO Mr. Hedges also updated the Council regarding the amphitheatre at the zoo and stated that Eagan citizens were concerned. U.S. MEMORIES Mr. Hedges reported to the Council that Terrell Towers had been in contact with him regarding a commitment from the City for tax increment financing for a computer chip manufacturer (U.S. Memories). He discussed the company's future plans and stated that the State would participate but requested City participation first. He pointed out that there were two main issues, one being resolving an intention to finance the expansion with the package due September 15. He stated an economic development district must be created with a public hearing and the zoning issues being handled. He stated that the zoning was proper in The Waters. He stated that the City could resolve to consider the matter. He pointed out that U.S. Memories had made no commitment. Councilmember Egan stated that Mr. Towers had contacted him last week. Mr. Egan felt that a semi-conductor facility would be ideal and that TIF funding would not be necessary until phase two or three. He pointed out that Unisys may layoff in October. He felt that the City should examine the matter. Councilmember McCrea stated the City needed further information. Mayor Ellison explained that the Council had no plan to review and felt that the State had a pie-in-the-sky future hope. He felt it seemed dangerous and premature. Councilmember Egan remarked that someone had dropped the ball at the State level. City Administrator Tom Hedges described the State communications and stated he agreed with everything the Council members had stated. Councilmember Egan pointed out the Council could only offer consideration and that it could agree to a public hearing. Mr. Hedges agreed. Egan moved, Gustafson seconded, the motion to consider the use of TIF for the U.S. Memories proposal if and when an application is received to develop within the City of Eagan. All voted in favor. RAHNCLIFF CROSSING/BURGER KING SIGN Community Development Director Dale Runkle reported that the signs on Rahn Cliff for the Burger King were switched. He explained Page 19/EAGAN CITY COUNCIL MINUTES September 5, 1989 that the monument sign would be eliminated if the City would allow the Burger King sign to remain. Councilmember McCrea felt that a notice of violation should be delivered to Burger King. Councilmember Gustafson asked for the location of the pylon sign. Mr. Runkle pointed out the location. Egan moved, Wachter seconded, the motion to direct staff to notify Burger King to remove its sign. All voted in favor. COUNCIL DISCUSSION Councilmember Wachter had concerns regarding airplane noise. He suggested placing a monitor on the Unisys site. Councilmember Egan felt the monitor should be placed at the Timberline site. CHECKLIST Wachter moved, Egan seconded, the motion to approve the checklist dated September 5, 1989 in the amount of $1,057,653.23. All voted in favor. ADJOURNMENT The September 5, 1989 City Council meeting was adjourned at 11:30 p.m. CITY OF EAGAN 4E. . VanOverbeke ty Clerk 7 TO: CITY COUNCIL OF THE CITY OF EAGAN As the owner of property at 1560 Yankee Doodle Road in Eagan, I object to the final assessment proposed for Project No. 427 for streets and storm sewers as it relates to my property. I object to the storm sewer lateral assessment. I also object to the street assessment to the extent that it exceeds the amount proposed for 6 assessment pursuant to the staff recommendation of January 16, 1989, a copy of which is attached to this letter. The proposal was that only 100 feet of frontage of my property be assessed at this time and that the assessment be made at the rate of $20.54 per front foot for the 100 feet of the home site. It was proposed that the remaining 290 feet of frontage not be assessed until rezoning or development to a higher use. The staff recommendation was approved by the Special Assessment Committee on January 16, 1986. V y truly our , Donald Sandberg DS:kjh Enc. CJ 0 ~q - g'7 D. H. GUSTAFSON COMPANY REAL ESTATE DEVELOPMENT AND MANAGEMENT SINCE 1968 ~4 . sg\ September 5, 1989 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55121 RE: Project 427 Surrey Gardens Apartments Dear City Council: We are objecting to the Project 427 Final Assessment for the following improvements: Street Storm Sewer Water Services Traffic Signal Trail Easements Storm Sewer Trunk Items are assessed against parcels 10-72995-010-01 and 10-72995-020-01, otherwise known as Surrey Gardens. Sin -Tely, Dan H. Gustafson DHG/sh 14661 Chicago Avenue South, Burnsville, MN 55337 (612) 432-8240 (612).432-8131 MARE[( REALTORS lB 1t,c0 EAST 146th STREET • SUITE 240 • BURNSVILLE. MINNESOTA 55337 MEMBER "MLS" . . . REAL ESTATE . . . MORTGAGE INSURANCE September 5, 1989 S City of Eagan 3830 Pilot Knob Road Eagan, MN 55122-1897 RE: Project 427 Dear City Council: We are objecting to the Project 427 Final Assessment for the following improvements: Street Storm Sewer Lateral Water Services Traffic Signal Trail Easements Storm Sewer Trunk Items are assessed against the Bunker Hill Apartmenrs, otherwise known by the Property I.D. # 10-41300-120-01. Sincerely, Kenneth App 1 aum Bunker Hill artments Partner KA/ram MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 5, 1989 A regular meeting of the Eagan City Council was held on Tuesday, September 5, 1989, at the Eagan Municipal Center. Present were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, Community Development Director Dale Runkle, Assistant City Engineer Mike Foertsch and City Attorney James Sheldon. AGENDA City Administrator Tom Hedges informed the Council that there were no corrections to the agenda. Gustafson moved, Wachter seconded, the motion to approve the agenda as presented. All voted in favor. MINUTES August 15, 1989. Councilmember Gustafson requested a correction on page 15 to the Airport Relations Committee motion. The motion should read "Egan moved, Wachter seconded, the motion to oppose the Metropolitan Airport Commission's findings and recommendations on the 180 day runway use system (RUS) test study and to endorse the general concept to avoid adding traffic to the corridor area, as referenced in Exhibit A attached hereto. All voted in favor." Wachter moved, Egan seconded, the motion to approve the minutes for the August 15, 1989 regular Council meeting as amended. All voted in favor. POLICE DEPARTMENT/NO PARKING/CLIFF ROAD NEAR HOLLAND PARK Councilmember Egan asked if the problem was created by the design or if the lot was too small. Bob Rosene stated that the lot was sized by the County for the size of the beach. Police Chief Geagan informed the Council that the County was reevaluating the use. Mayor Ellison felt that the parking lot should be increased in size as people will continue using the lake. Egan moved, Gustafson seconded, the motion to approve a request to Dakota County to reinstate "No Parking" signs on Cliff Road adjacent to Holland Park and further to direct staff to send a letter to the County asking the County to designate a no parking area on the north side of Cliff Road to approximately mid-way Page 2/EAGAN CITY COUNCIL MINUTES September 5, 1989 between Oak Chase Road and Lexington Avenue and to encourage the County to redesign the parking lot to accommodate more vehicles. All voted in favor. PUBLIC WORKS DEPARTMENT/STOP SIGN PETITION/DEERHILLS TRAIL AND EAGLE CREST DRIVE City Administrator Tom Hedges introduced the matter to the Council and stated that there were no neighbors present at the meeting. Councilmember Gustafson suggested the neighbors institute a voluntary speed limit with a slogan of "Twenty is Plenty". Councilmember Wachter suggested "Twenty-five - Keep 'em Alive". Gustafson moved, Egan seconded, the motion to receive the petition and deny the request for stop signs at the intersection of Deerhills Trail and Eagle Crest Drive. All voted in favor. PARKS AND RECREATION DEPARTMENT/PARK LAND PURCHASE/FIRST FINANCIAL CORPORATION/KENSINGTON PLACE City Administrator Tom Hedges summarized the background of the matter for the Council. Councilmember McCrea commented she appreciated the staff following through on the Council's direction. Councilmember Egan asked for the amount of the taxes on the parcel. Parks and Recreation Director Ken Vraa stated that the taxes on the parcel were $4,200.00. Egan moved, Wachter seconded, the motion to direct the City Administrator and Director of Parks and Recreation to prepare a purchase agreement for the purchase of Lot 3, Block 2, KENSINGTON PLACE for a purchase price of $7,500.00, plus the accumulated taxes to date with the seller responsible to pay off all assessments. All voted in favor. CONSENT AGENDA A. Personnel Items. 1. Community Service Officer. It was recommended to approve the hiring of Daniel Mason as a community service officer for the Police Department, subject to successful completion of the City's psychological examination requirement. 2. Planning Intern. It was recommended to approve the hiring of Kimberly Eggers as a planning intern for the Community Development Department. Page 3/EAGAN CITY COUNCIL MINUTES September 5, 1989 B. Plumbers Licenses. It was recommended to approve the seven plumbers licenses as presented. C. License for On-Sale Beer for Pizza Hut. It was recommended to approve the non-intoxicating malt liquor license for Donald Naderman for the new Pizza Hut at 2130 Cliff Road. D. Project 539, Receive Final Assessment Roll/Order Public Hearing (Eagandale Center Industrial Park 10th Addition - Utilities). It was recommended to receive the final assessment roll for Project 539 (Eagandale Center Industrial Park 10th Addition - Utilities) and schedule a public hearing to be held on October 3, 1989. E. Project 529, Receive Final Assessment Roll/Order Public Hearing (Cliff Lake Center - Streets and Utilities). It was recommended to receive the final assessment roll for Project 529 (Cliff Lake Center - Streets and Utilities) and schedule a public hearing to be held on October 3, 1989. F. Vehicle No. 136, Receive Bids/Authorize Purchase (Public Works Maintenance - Cracksealer Melter). Councilmember Egan questioned if there would be a full warranty on the vehicle. Public Works Director Tom Colbert stated there would be a full warranty. It was recommended to receive the bids for Unit No. 136 (Cracksealer Melter) and authorize the acquisition of a demonstration unit from MacQueen Equipment, Inc., in the amount of $14,075.00. G. Project 536, Receive Final Assessment Roll/Order Public Hearing (South Oaks Addition - Streets and Utilities). It was recommended to receive the final assessment roll for Project 536 (South Oaks Addition - Streets and Utilities) and schedule a public hearing to be held on October 3, 1989. Page 4/EAGAN CITY COUNCIL MINUTES September 5, 1989 H. Project 463, Receive Final Assessment Roll/Order Public Hearing (East Cliff Road - Streets). It was recommended to receive the final assessment roll for Project 463 (East Cliff Road - Streets) and schedule a public hearing to be held on October 3, 1989. I. Project 525, Receive Final Assessment Roll/Order Public Hearing (Woodlands Addition - Trunk Storm Sewer). It was recommended to receive the final assessment roll for Project 525 (Woodlands Addition - Trunk Storm Sewer) and schedule a public hearing to be held on October 3, 1989. J. Contract 89-01, Approve Change Order for Sealcoating of Trails. City Administrator Tom Hedges recommended omitting the change order for sealcoating of the trails and advertise for bids. He stated the change order for the parking lot should remain. It was recommended to deny the change order for Contract 89-01 for the sealcoating of several City trails, and to approve the advertisement for bids for the trails sealcoating; and approve the change order for the City owned parking lots sealcoating. K. Contract 89-12, Approve Change Order No. 1 for Tennis Court at Northview Park. It was recommended to approve Change Order No. 1 to Contract 89-12 in the amount of $6,500.00 for the installation of drain tile. L. Contract 89-20, Approve Plans and Specifications/Authorize Advertisement for Bids for Hockey Rink Lighting. It was recommended to approve plans and specifications for Contract 89-20, Hockey Rink Lighting at Bridle Ridge Park and the advertisement for bids. M. Resignation, Corey Cleveland from Economic Development Commission. It was recommended to accept the resignation of Corey Cleveland as a member of the Economic Development Commission and to direct the City Administrator to obtain candidates for an appointment to fill the vacancy. Page 5/EAGAN CITY COUNCIL MINUTES September 5, 1989 N. Final Plat for Kingswood 4th Addition. Councilmember Gustafson asked if all necessary agreements had been processed. City Administrator Tom Hedges stated that the matter was in order. It was recommended to approve the final plat for Kingswood 4th Addition as presented. R-89.48 0. Final Plat for Woodlands 3rd Addition. Councilmember Gustafson asked if all materials had been processed. City Administrator Tom Hedges stated the matter was in order. It was recommended to approve the final plat for Woodlands 3rd Addition as presented. R-89.49 P. Final Plat for Manor Lake 2nd Addition. City Administrator Tom Hedges recommended continuing the matter to the September 19, 1989 City Council meeting. It was recommended to continue the final plat for Manor Lake 2nd Addition to the September 19, 1989, City Council meeting. Q. Final Plat for Sterns Addition. Councilmember Gustafson asked if the matter was in order. City Administrator Tom Hedges stated that all documents had been processed. It was recommended to approve the final plat for Sterns Addition as presented. R-89.50 R. Extension of Preliminary Plat/Final Plat for Country Hollow 2nd Addition. It was recommended to approve the extension of the preliminary plat for Country Hollow 2nd Addition until November 30, 1989. R-89.51 S. Final Plat for Suncrest Addition. Councilmember Gustafson asked if all matters were in order. City Administrator Tom Hedges stated that all documents had been finalized. It was recommended to approve the final plat for Suncrest Addition as presented. R-89.52 Page 6/EAGAN CITY COUNCIL MINUTES September 5, 1989 T. Contract 89-04, Approve Change Order No. 1 (Timberline and Well No. 1 - Repairs). It was recommended to approve Change Order No. 1 to Contract 89-04 (Project No. 560 - Timberline and Well No. 1 - Repairs) and authorize the Mayor and City Clerk to execute all related documents. U. Contract 88-29, Final Payment/Acceptance (Well No. 13). It was recommended to approve the seventh and final pay request for Contract 88-29 (Well No. 13) and authorize acceptance for perpetual maintenance subject to related warranty provisions. V. Project 583, Receive Petition/Authorize Feasibility Report (Park Center - Streets and Utilities). It was recommended to receive the petition and authorize the preparation of a feasibility report for Project 583 (Park Center - Streets and Utilities). Wachter moved, Gustafson seconded, the motion to approve the consent agenda items as amended, and authorize their implementation. All voted in favor. FIRE DEPARTMENT UPDATE Mayor Ellison requested an update on the aerial vehicle. Chief Southorn stated that the update would be available in approximately one week. OPTICAL SCAN FOR ELECTIONS City Administrator Tom Hedges informed the Council it was necessary to approve a resolution authorizing an optical scan for elections. Egan moved, Gustafson seconded, the motion to approve a resolution authorizing the use of Optical Scan Voting equipment for elections. All voted in favor. City Administrator Tom Hedges informed the Council that demonstrations of the optical scan would be held at the City Hall at 6:30 p.m. on September 19, 1989 in connection with the training for the election judges. R-89.53 KINGSWOOD 2ND ADDITION City Administrator Tom Hedges stated there was a need for an extension of the final plat to allow for the recording. Community Development Director Dale Runkle recommended an extension to September 30, 1989. Page 7/EAGAN CITY COUNCIL MINUTES September 5, 1989 Wachter moved, Gustafson seconded, the motion to approve the extension for recording of the final plat for Kingswood 2nd Addition to September 30, 1989. All voted in favor. STERNS ADDITION City Administrator Tom Hedges informed the Council that there were still easements which needed to be obtained. He recommended authorizing condemnation with the School guaranteeing the costs. Egan moved, Gustafson seconded, the motion to adopt a resolution for condemnation to obtain certain easements to allow public improvements, with the School District guaranteeing all costs. All voted in favor. OAK WILT COMPLAINTS City Administrator Tom Hedges informed the Council that he had received a number of complaints regarding oak wilt. Councilmember Wachter stated that oak trees make good firewood and suggested the wood could be removed privately. Mayor Ellison concurred with Councilmember Wachter. Councilmember Egan stated that it would be consistent with City past policy. FINAL ASSESSMENT ROLL/PROJECT 495/DALLAS DEVELOPMENT 2ND ADDITION City Administrator Tom Hedges introduced the matter. Public Works Director Tom Colbert presented the details of the project. Councilmember Egan questioned the variances in the City finance amounts. Mr. Colbert stated that the actual costs came in higher while the assessment revenue remained fixed. He explained the type of construction. McCrea moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for Project 495 (Dallas Development 2nd Addition - Streets and Utilities) and authorize its certification to Dakota County for collection. All voted in favor. FINAL ASSESSMENT HEARING/PROJECT 512R/CUTTERS RIDGE 2ND ADDITION Public Works Director Tom Colbert informed the Council that there were 51 parcels involved with the project. Wachter moved, Gustafson seconded, the motion to close the public hearing and approve the final assessment roll for Project 512R (Cutters Ridge 2nd Addition - Sanitary and Storm Sewer) and authorize its certification to the County for collection. All voted in favor. Page 8/EAGAN CITY COUNCIL MINUTES September 5, 1989 '9 FINAL ASSESSMENT HEARING/PROJECT 554/ GENERAL ELECTRIC SUPPLY COMPANY City Administrator Tom Hedges presented the matter to the Council. Public Works Director Tom Colbert further explained the assessments. Gustafson moved, Wachter seconded, the motion to close the public hearing and approve the final assessment roll for Project 554 (General Electric Supply Company - Storm Sewer) and authorize its certification to Dakota County. All voted in favor. RUSTEN ROAD/PROJECT 577/STREET IMPROVEMENTS City Administrator Tom Hedges summarized the matter for the Council. Assistant City Engineer Mike Foertsch presented the feasibility report details to the Council. He stated that the project should begin when the plat is approved. He informed the Council that all interested parties had received notice of the meeting. McCrea moved, Gustafson seconded, the motion to close the public hearing and approve Project 577 (Rusten Road - Street Improvements) and authorize preparation of detailed plans and specifications. All voted in favor. VACATION/DIFFLEY ROAD FRONTAGE - WEST OF PILOT KNOB ROAD/ ABANDONED COUNTY RIGHT-OF-WAY City Administrator Tom Hedges summarized the background information for the Council. Public Works Director Tom Colbert presented further information. Councilmember Egan questioned the location of the proposed vacation. Mr. Colbert explained the location. Gustafson moved, Egan seconded, the motion to close the public hearing and approve the vacation of the abandoned County Road 30 right-of-way for the Diffley Road frontage road - west of Pilot Knob Road and authorize the Mayor and City Clerk to execute all related documents necessary for recording at Dakota County. All voted in favor. VACATION/CRAY ADDITION/DRAINAGE AND UTILITY EASEMENTS Gustafson moved, Egan seconded, the motion to close the public hearing and approve the vacation of the drainage and utility easements within the Cray 1st Addition and authorize the Mayor and City Clerk to execute all related documents for recording at Dakota County. All voted in favor. Page 9/EAGAN CITY COUNCIL MINUTES September 5, 1989 CRAY ADDITION/PROJECT 571/STORM SEWER City Administrator Tom Hedges introduced the matter. Public Works Director Tom Colbert recapped the project and stated that Cray Research would not oppose the project. Gustafson moved, Wachter seconded, the motion to close the public hearing and approve Project 571 (Cray Addition - Storm Sewer) and authorize the preparation of detailed plans and specifications. All voted in favor. FINAL ASSESSMENT HEARING/PROJECT 427/YANKEE DOODLE ROAD City Administrator Tom Hedges presented the background information to the Council. Public Works Director Tom Colbert summarized the project and the assessments. He stated that three written objections had been received (see Exhibit A for written objections). He reported that the Sandberg property was assessed only for the 100 foot frontage and that the remainder would be deferred until future development. He further reported that Surrey Gardens would realize the benefit in the amount of the assessment. He informed the Council that the original hearing notice did not include Bunker Hills and recommended the deletion of that parcel in order to renotice the interested parties and to correct the procedure. He stated the Sandberg objection would be removed and that Surrey Heights should be adopted as presented. He explained that Outlot A is one individual unit (Surrey Heights) and that Surrey Heights 6th and 7th Additions were not assessed for the past project. He stated that the assessment included and was allocated over all 168 Surrey Heights units. He informed the Council that the tennis courts were owned by the Association. Vince Kennedy questioned the original cost, the trail assessment, the assessment rates and the adjustments. He had concerns regarding the transfer of Old Heritage Lane and access to the property. Public Works Director Tom Colbert addressed his concerns. Councilmember Egan requested further information regarding the City financing. Mr. Colbert stated that the storm sewer costs exceeded the estimates and that it would be 98% City financed. Wachter moved, Gustafson seconded, the motion to close the public hearing and modify the final assessment roll for Project 427 (Yankee Doodle Road - Streets and Utilities) be deleting Parcel No. 10-41300-121-01 and authorize its certification to Dakota County for collection. All voted in favor.