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09/02/1986 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA SEPTEMBER 2, 1986 A regular meeting of the Eagan City Council was held on Tuesday, September 2, 1986 at 6:30 p.m. at the Eagan Municipal Center. , Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present were City Administrator Tom Hedges, City Engineer Tom Colbert, City Planner Dale Runkle, Consulting Engineer Bob Rosene and City Attorney Paul Hauge. AGENDA Ellison moved, Smith seconded the motion to approve the agenda with the addition of discussion concerning the animal pound. All voted yea. MINUTES Regular Meeting of August 19, 1986. Upon motion by Wachter, seconded Ellison, it was resolved that the Minutes of the regular meeting of August 19, 1986 be approved with the exception of page 2, that Todd Liberty resigned as Buildings and Grounds Maintenance Worker; page 7 regarding Charitable Gambling Policy Changes, it was noted that there were two drafts with national organizations being allowed under Draft No. 2, and that under Draft No. 1, that 15 active members and 15 members employed or living in the City would be the criteria; page 10 regarding Whispering Woods 3rd Addition, there will be a park dedication in the form of cash under condition 5; and page 13 regarding Wilderness Ponds, condition 5, park dedication will be in the form of cash. All members voted yes. Special Meeting of August 25, 1986. Upon motion by Ellison, seconded Smith, it was resolved that the minutes of the special meeting of August 25, 1986 be approved. All voted yea. PARKS & RECREATION DEPARTMENT - TRAPP FARM PARK - USER FEES Park Director Ken Vraa appeared and discussed with the Council his Memorandum of August 14, 1986 concerning proposed user fees for the Trapp Farm Park pavilion and other shelter facilities. It was recommended that the City establish a reservation fee for the pavilion of $35.00 per half-day, $50.00 for a full day, and $30.00 for enclosed shelter buildings; $15.00 for open shelters and/or designated picnic area when reserved; further, that athletic facilities and ball fields would be reserved at a fee of $30.00 per field per day, or tournament, and a damage deposit of $100.00 would be required, and a building clean-up fee of $30.00 with lights, if required and applicable, at $20.00 per field per day. Wachter moved, Egan seconded the motion to approve 1 Council Minutes September 2, 1986 the fee structure for the reservation of Trapp Farm Park shelter buildings and athletic facilities for 1987 as proposed by the Park Commission, noting that the uses covered were for organized purposes, other than general public use and thus the reason for the extra charges, and further with the understanding that the fees collected will be utilized for Park Department purposes. All members voted in favor. LETENDRE STREET - STOP SIGN A Petition signed by 45 persons requesting the installation of a stop sign on Letendre Street at its intersection with Donald Avenue was presented to the Council. Tom Colbert introduced the subject and Ron Miller of 3217 Donald Avenue was present. Mr. Miller stated that Letendre has been a through-street during the Yankee Doodle Road reconstruction and expects it will continue to serve the same function. A resident of Donald Court appeared and discussed the rerouting of buses and was in favor of the stop signs. Police Chief Jay Berthe also appeared and agreed that there was heavy traffic on Letendre Street and suggested stop signs may be appropriate. Councilman Smith moved, Councilman Wachter seconded the motion to approve the request for stop signs at Letendre Street and Donald Avenue as requested, but indicated that little can be done during reconstruction of Yankee Doodle Road to alleviate the heavy traffic on to Highway #13 which was also a concern of persons present. All members voted yes. It was further suggested that the staff review with MnDOT District #9, the potential for a passing lane on Highway #13 at Letendre Street. CONSENT AGENDA Egan moved, Wachter seconded the motion to implement the following recommendations as submitted by the staff: 1. Contractor's Licenses. It was recommended that the list of contractor's, water softener, heating, ventilating, plumbers, and swimming pool license applications be approved as submitted. 2. Personnel Items. a. Resignation of Shelley Ketcham. It was recommended that the resignation of Shelley Ketcham, Clerk-Typist in the Protective Inspections Department be accepted effective August 29, 1986 and that the staff be authorized to advertise for the vacant position. b. Building & Grounds Maintenance Worker. It was recommended that Frank Oster be hired to fill the vacant position as part-time building and grounds maintenance worker. 2 Council Minutes September 2, 1986 3. Nancy Circle --Project #482. A Petition had been received from all of the property owners located on Nancy Circle requesting the gravel streets be updated to City standards with curb and gutter, and it was recommended that the Petition be received, and that the Council authorize the preparation of the feasibility report for Project #482. 4. Splashland Water Park - Trunk Water Main - Project #483. The staff recommended that the petition from the developers of the Splashland Water Parks for trunk water main under Project #483 be received and that the consulting engineer be authorized to prepare the feasibility report for the project. 5. Blueberry Circle - Storm Sewer - Project #481. The feasibility report for Project #481 consisting of storm sewer improvements in the Blueberry Circle area has been completed and it was recommended that the Council receive the report and schedule a public hearing at the City Municipal Center on October 7, 1986 at 7:00 p.m. 6. Eagan General Fund Budget - Public Hearing. The staff recommended that the Council approve the setting of a public hearing to review the 1987 Eagan General Fund Budget for the regular City Council meeting on September 16, 1986 commencing at approximately 7:00 p.m. 7. Nicols Road - Parking Restrictions. It was noted that as a condition of upgrading the segment of Nicols Road, MnDOT State Aid requires that the Council approve a Resolution restricting all on-street parking between Cliff Road and Diffley Road. It was recommended the Resolution restricting the parking on Nicols Road be approved. R 86-60 8. Slater's Acres - Contract #85-3. The staff recommended the approval of the sixth and final payment for Contract #85-3 consisting of Slater's Acres to L & G Rehbein, Inc. in the amount of $14,755.62 and accept the improvements for perpetual City maintenance. 9. Lexington Avenue - Contract #84-9. The sixth and final payment for Contract #84-9 consisting of trunk water main on Lexington Avenue has been submitted for approval and it was recommended that the Council approve the payment through the release of the escrow account retainage in the amount of $31,000.00 and accept the improvement for City perpetual maintenance. 10. Joint Powers Agreement - Blackdog Lake Watershed District. A proposed amendment to the Joint Powers Agreement allowing each of the member communities to designate specific alternates to insure adequate representation during the absence of the primary representative had been prepared and it was recommended that the Council approve the amendment as submitted. 11. Town Centre 100 Second Addition - Final Plat. An application for final plat approval for Town Centre 100 Second Addition was submitted and staff recommended approval subject to compliance with all City requirements. R 86-61 3 Council Minutes September 2, 1986 w 12. Lexington Place South 3rd Addition - Final Plat. The application was submitted by the developer for the Lexington Place South 3rd Addition and it was recommended that the final plat application be approved and that the Mayor and City Clerk be authorized to execute the related documents. R 86-62 All members voted in favor. MnDOT PARK & RIDE SITES - RESOLUTIONS The Public Works Director explained to the City Council that the construction of two Park & Ride sites along I-35E at Pilot Knob Road and Cliff Road are now essentially completed, but that MnDOT has not installed landscaping, screening and buffering for the large parking lots. A proposed Resolution requesting installation of those improvements was submitted to the Council and recommended to be approved. Upon motion by Blomquist, seconded Ellison, it was resolved that the Resolution be approved with the additional provision that MnDOT be contacted concerning the maintenance and also to add a provision regarding level of quality of maintenance, with the understanding that the level of quality of maintenance will be comparable to maintenance of other public sites in the City. All councilmembers voted affirmatively. R 86-63 LONE OAK ADDITION - PROJECT #447 - PUBLIC HEARING Mayor Bea Blomquist convened the public hearing regarding the assessments for Lone Oak Addition trunk water main under Project #447. Tom Colbert detailed the project for the City Council and reviewed the final assessment worksheet included with the packet. He noted that there had been no objections except that of Gopher Smelting Company which had submitted a written objection. Mr. Willard Berfelz, an affected property owner, appeared and stated that it was his understanding that the 1976 City-wide water main area assessments had been deferred covering his property and requested 1976 rates to apply for the current assessments. It was explained to Mr. Berfelz that the assessments had not been levied and that therefore the 1986 rates would apply, but that he could be heard before the Assessment Committee regarding the issue. After extended discussion, Smith moved, Egan seconded the motion to close the hearing, to approve the final assessment roll for Project #447 and authorize its certification to the County for collection with the following exceptions: 1. The public hearing regarding assessments against the Gopher Smelting property will be continued and rescheduled for a public hearing at a later time and further, that the staff shall be authorized to hire an appraiser to determine benefits against the property. 2. Regarding the Willard Berfelz property, the hearing will be continued and the issue will be brought before the Assessment Committee for its review and recommendation. All councilmembers voted in favor. 4 Council Minutes September 2, 1986 CPS ROBINS ADDITION - PROJECT #453 The public hearing regarding assessments against Robins Addition under Project #453 was convened by the Mayor. Tom Colbert briefly explained the project regarding the installation of sanitary sewer and water main and there were no objections. Wachter moved, Egan seconded the motion to close the public hearing and approve the assessment roll and authorize the roll to be certified to the County for collection. All members voted yes. EAGANDALE COURT - PROJECT #456 - ASSESSMENT HEARING The assessment hearing regarding Project #456 consisting of street and utility improvements in the Eagandale Court area next was convened by the Mayor. The public works director reviewed the assessments as proposed and no objections were submitted. Egan moved, Ellison seconded the motion to close the hearing, to approve the roll as submitted and authorize the Clerk to forward the roll to the County for collection. All members voted affirmatively. HAMPTON HEIGHTS - PROJECT #451 - ASSESSMENT HEARING The public hearing regarding the installation of trunk water main in the Hampton Heights Addition area under Project #451 was then convened by Mayor Blomquist. Mr. Colbert detailed the project for the City Council and there were no written objections submitted. Harry Lemieux of 1565 Violet Lane appeared and stated that he objected on the basis of no benefit to his 10 acres but stated that in the event that he developed the property or connects to the system, that he would then authorize the assessment of his property. Mr. Colbert explained the reason for building the trunk with the capacity sized to allow the development of all adjacent benefited property. He also explained that the Hampton Heights developer was required to lower its storm sewer line to avoid ponding on the Lemieux property. Judy Lemieux also appeared as the owner of a 2 1/2 acre affected parcel and objected to the assessments verbally. Mr. Colbert recommended the assessments be spread against the two Lemieux parcels over a 15 year period. Smith moved, Ellison seconded the motion to close the hearing as to all property within the assessment roll other than the Harry Lemieux and Judy Lemieux parcels, and to authorize the assessment against those two parcels after negotiation with the staff, with the understanding that assessments could be spread over a 15 year term, but in the event that the negotiations with the Lemieuxs are not successful, then the assessment as to those two parcels will be returned to the City Council for further consideration. All members voted yea. 5 Council Minutes September 2, 1986 EAGANDALE LEMAY LAKE 1ST ADDITION - PROJECT #424 The final assessment hearing regarding Project #424 for Eagandale LeMay Lake 1st Addition street and utility improvements was convened by the Mayor. After discussion by Mr. Colbert and noting that there were no objections with no persons present regarding the assessment hearing, Ellison moved, Wachter seconded the motion to close the public hearing and to approve the roll as presented and authorize the certification to the Dakota County Auditor's office. All members voted yes. EAGANDALE LEMAY LAKE 1ST ADDITION - STREET EASEMENT VACATION The hearing regarding the easement vacation over a portion of Eagandale Place in Eagandale LeMay Lake 1st Addition was convened by Mayor Blomquist and Tom Colbert described the proposed vacation to the Councilmembers. There were no objections. Egan moved, Wachter seconded the motion to close the hearing and to authorize the vacation and execution of appropriate documents by the Mayor'and City Clerk. All members voted affirmatively. EAGANDALE CENTER INDUSTRIAL PARK - EASEMENT VACATION The hearing regarding the vacation of drainage and utility easements over Lot 3, Block 1, Eagandale Center Industrial Park next was convened. There were no objections and Tom Colbert explained the nature of the proposed vacation to the City Councilmembers. Wachter moved, Egan seconded the motion to close the hearing and to authorize the vacation of the easements as requested. All councilmembers voted yes. TOWN CENTRE 100 ADDITION - EASEMENT VACATION HEARING The hearing regarding the proposed vacation of drainage and utility easement over Lot 1, Block 1, Town Centre 100 Addition was convened by the Mayor. The Public Works Director briefly explained the proposed vacation, noting it was a common lot line vacation. Egan then moved, Ellison seconded the motion to close the hearing and to authorize the vacation as requested. All voted yea. ON/OFF-SALE LIQUOR LICENSE INVESTIGATION POLICY City Administrator Tom Hedges reviewed with the City Council the proposed liquor license investigation fees submitted by members of the Police Department and City Clerk VanOverbeke. The City Council discussed the issue at its August 5, 1986 meeting and raised a question regarding the proposed escrow and rationale for the increase in fees. Basically, the proposal was to reduce the base fee from $500.00 to $300.00 for investigations of applicants within Minnesota and out of state, but to provide for an escrow of up to $1,000.00 for applicants within Minnesota and $2,000.00 out of state. 6 Council Minutes September 2, 1986 Captain Geagan appeared and recommended the approval of the proposal. There was also concern regarding the financial burden on small business owners. Captain Geagan indicated that a wide disparity in fees are being charged by other cities for the same purpose. Some councilmembers suggested that the investigation fee not be lowered below $500.00 but generally favored the escrow. After extended discussion, Egan moved, Smith seconded the motion to approve the proposed investigation fees for on and off sale liquor license applications, providing for a $300.00 base fee for applicants both within Minnesota and from out of state, and $1,000.00 for applicants from within Minnesota and $2,000.00 for applicants outside of the State of Minnesota; and further that the ordinance be amended to provide that there be an additional escrow requirement of $200.00 for each investigation beyond five persons, firms or partnerships in-state, and an additional $400.00 for out-of-state; further, that all actual costs above the amount escrowed that the City incurs shall be billed to the applicant on a periodic basis. All councilmembers voted yes. EAGAN DOG POUND Tom Hedges reviewed the complaints that had been received by the City staff from neighboring property owners regarding the alleged nuisance around the Eagan dog pound on Lexington Avenue. A review of the issue will be held at the October 21, 1986 regular council meeting and there were questions as to whether a public nuisance citation is appropriate. Administrative Police Captain Pat Geagan appeared and indicated that officers have been receiving telephone calls from irate neighbors on a regular basis, but also noted that the owners, the Abels, have done a good job of operating the kennel by and large. There was discussion concerning the possibility of finding a new location for the City animal pound. Wachter moved, Egan seconded the motion to direct the staff to investigate alternate sites for the animal pound with the understanding that the Abels will be permitted to apply for the City animal pound at a proper location and under circumstances agreeable to the City Council. All members voted yes. WESCOTT TOWNHOMES - MULTI-FAMILY HOUSING REVENUE BONDS The City Administrator reviewed with the City Council the $1,880,000.00 multi-family housing revenue bonds providing for an insured mortgage loan from FHA for the Wescott Townhomes apartment project. The developers were unable to complete the process prior to December 1985, and the documents then were drafted to anticipate the provision of a credit enhancement in the form of an insured mortgage loan from the FHA. The project has now received the commitment from the FHA and therefore, action is required by the City Council to authorize the supplemental indenture and amendments to the loan agreement. John Lemley of Miller & Schroeder was present as were Mr. Houston and Mr. Gagne, the developers. Mr. Lemley stated that it's expected that the project will receive a AAA bond rating because of the FHA insurance. Smith moved, Egan seconded the motion to approve the Resolution authorizing and approving the necessary documents to secure the credit enhancement for the bond issue of 1985 as presented. All members voted in favor. 7 Council Minutes September 2, 1986 EPISCOPAL CHURCH - SPECIAL PERMIT An application had been submitted by Rev. George H. Martin on behalf of the Episcopal Church of Minnesota for the use of the Klecatsky Funeral Home on Yankee Doodle Road, as a temporary site for a newly formed Episcopal Church. Dale Runkle detailed the application and noted the church owns 5 acres at the northeast corner of Diffley Road and Lexington Avenue in the Lexington South Planned Development. Rev. Martin was present and stated the congregation was too small to support a building of its own at the present time, but that the goal is to construct a permanent facility in 1988. The Mayor noted that the proposed site for the construction of the church is not zoned for Public Facility purpose. Wachter moved, Egan seconded the motion to approve the special permit, subject to the following conditions: 1. The permit shall be limited to a two-year period. 2. All signage shall be subject to the $2.50 per foot sign fee. 3. All overflow parking at the Century 21 real estate office shall be allowed on the side and rear locations only. All members voted yes. BEAUTIFUL SAVIOR LUTHERAN CHURCH - SITE PLAN REVIEW The City Planner, Dale Runkle explained to the City Council that on January 4, 1977, Beautiful Savior Lutheran Church was granted the rezoning of 3.5 acres to Public Facility district, located north of Hilltop Plaza and south of the Pines Condominiums on Pilot Knob Road. A waiver of plat was approved creating a separate legal parcel for the church at that time, and a new site plan has now been submitted, noting that the City could not issue a permit since the five year limit had expired, and also changes in the site plan have been proposed. The staff had authorized the processing of the building permit and suggested that building occupancy not be allowed until the property has completed the final plat process. There was discussion concerning the potential service road along Pilot Knob Road. Roger Johnson, the architect, was present, and stated he understood the service road would be installed by Dakota County. Egan moved, Wachter seconded the motion to approve the permit with the understanding that there will be no occupancy until the final plat process has been completed to the City's satisfaction. All members voted in favor. 8 Council Minutes September 2, 1986 RAINBOW FOODS - OFF-SALE CONDITIONAL USE PERMIT An application was submitted by Applebaum Food Markets for the Rainbow Food Market in Town Centre for conditional use for the sale of package 3.2 beer in the food market. The Advisory Planning Commission recommended approval and Dale Runkle stated that under the CSC zoning, a conditional use permit may not be required. Smith moved, Egan seconded the motion to approve the application with the understanding that in the event that the permit is not required under the existing CSC zoned use, that the application fee would then be refunded to the applicant. All members voted yes. KEVIN MURPHY - BUILDING PERMIT/DEERWOOD DRIVE An application of Kevin Murphy of 1625 Deerwood Drive for a building permit for construction of a residential home on a 40 acre unplatted parcel owned by his father, Leo Murphy, came then to the Council. Dale Runkle indicated that the Staff would not issue the permit and suggested that an overall plan for the property be prepared so that adequate planning will be provided for the future. A letter from Leo Murphy was submitted and Kevin Murphy was present outlining the history of the parcel. After discussion, Ellison moved, Egan seconded the motion to grant the building permit noting the advisability of planning the entire parcel so as to avoid layout and platting problems at the time of development of the property. All members voted affirmatively. WHISPERING WOODS 2ND ADDITION - PRELIMINARY PLAT EXTENSION The application of D. J. Hilla of Hilla Construction Company for a nine month extension of the preliminary plat of Whispering Woods 2nd Addition was brought to the Council for its consideration. The City Administrator explained the request and noted that there had been concerns by adjacent property owners regarding the Whispering Woods 3rd Addition area. Mr. Colbert stated that steps have been taken to correct most of the problems. Donald Hilla was present and he indicated that a deep sanitary sewer line is required for the development of the Second Addition and he proposed a temporary line to service the two cul-de-sacs with a later resolution of the balance of the sanitary sewer issue. He stated that the schedule is to proceed as soon as possible, as soon as sewer and water are available and the 2nd Addition will be final platted prior to the 3rd Addition. Ellison moved, Egan seconded the motion to approve the 9 month extension for the 2nd Addition, with the understanding that the Developer will proceed with the final plat in a diligent manner. All members voted yes. 9 Council Minutes September 2, 1986 UNITED PARCEL SERVICE - VARIANCE An application was submitted by United Parcel Service requesting a 17 foot parking lot setback variance for County Road #68/Becker Road. City Planner Dale Runkle detailed the application noting that in November 1985, UPS was notified concerning the parking setback location error. The 20 foot setback was maintained from a 33 foot half right-of-way which was a condition of the preliminary plat approval, but Dakota County had insisted on a 50 foot half right-of-way in that it was a County road at the time of the approval of the final plat. In addition, UPS had requested a building permit prior to approval of the completion of the final plat process and confusion arose as to the setback location. Mr. Runkle commented on the plans of UPS for enhancing the landscaping beyond the City requirements in order to buffer the area. Walter Rockenstein, attorney from Faegre & Benson, appeared on behalf of UPS and indicated that a September 12, 1986 occupancy date is being proposed and also discussed the County turn-back situation. Donald Kirchgatter, the neighboring property owner on the south side of Becker Road appeared and argued that noise, dirt, air pollution and lights were of concern to him and his property. He introduced Gary Miller, a landscape architect, who indicated that 17 feet of landscaping is not adequate to screen the Kirchgatter property from the UPS property. He reviewed noise attenuation methods and recommended,a noise barrier and that the variance not be granted until the issues are resolved. Staff members noted that they have been trying to acquire the easement for UPS from the Kirchgatters for somewhat over a year. Mr. Rockenstein noted that State and Federal noise standards do apply to certain aspects of the UPS project and if the standards are not met, that there will be basis for objection at a future time. UPS had delivered a letter to the City staff and City attorney authorizing the commencement of condemnation action for the Kirchgatter easement. It was noted that the County will turn back the right- of-way but at the present time, the right-of-way provides for 50 feet. Meetings have been held with Mr. Kirchgatter and City staff during the past week and he was made aware of the variance hearing, and also numerous meetings have been held with Mr. Kirchgatter and the staff regarding the proposed Kirchgatter easement. Mr. Colbert was also concerned about clarifying the need for an additional easement along the Taylor property for the sloping that had been installed by UPS. Ralph Taylor was present and stated that he had granted an easement to the City which was only intended to store water, and claimed that UPS was using the pond for the extension of its parking lot. Mr. Colbert recommended either a retaining wall or an easement for the fill area may be necessary. City Attorney Paul Hauge discussed the various issues including the possibility of condemnation over the Taylor property and the requirement that UPS pay for costs of condemnation, both covering the potential Kirchgatter and Taylor condemnation actions. A draft letter from UPS indemnifying the City for its costs included a provision for a financial guarantee, to which UPS representatives objected. 10 Council Minutes September 2, 1986 Councilman Smith moved, Wachter seconded the motion to grant the variance as requested, subject to the following conditions: 1. All plant material shall comply with the latest edition of the American Standard for Nursery Stock, American Association of Nurserymen. 2. Sod shall be installed in this boulevard area. 3. All pines shall be a minimum 8 feet in height and the existing pines shall be located on the site and noted on the overall landscape plan. 4. The owner shall stake plant material locations for approval by the City prior to planting. At that time, the City will inspect the plant material to ensure proper quantities, sizes and quality. 5. The applicants shall be required to place a landscape bond with the City in an amount to be determined by the City staff. All members voted in favor. Egan moved, Wachter seconded the motion to grant the occupancy permit to UPS provided, however, that the indemnification agreement is to include the authorization for condemnation of the Kirchgatter and Taylor properties, and further to authorize the City Attorney to commence condemnation for each easement, with the understanding that assessments will be levied against the UPS property in the event that UPS does not make payment for the City's costs regarding both the Taylor and Kirchgatter parcels, which shall be detailed in an agreement between UPS, and the City of Eagan. All councilmembers voted affirmatively. BLACKHAWK ACRES 2ND ADDITION - PRELIMINARY PLAT A request had been made for preliminary plat approval for Blackhawk Acres 2nd Addition consisting of 32 townhouse units. The Advisory Planning Commission had continued consideration of the item and upon motion by Wachter, seconded Ellison, it was resolved that the application be continued indefinitely by the City Council. All voted yes. SEE PLAT FILE WINDTREE 7TH ADDITION - CONTRACT #86-20 The bids have been received for street and utility improvements under Contract #86-20 covering Windtree 7th Addition. Mr. Colbert recommended continuing acceptance of the bids and award of the contract until October 7, 1986. Egan moved, Ellison seconded the motion to approve the recommendation to continue the award of the contract. All voted yes. 11 Council Minutes September 2, 1986 -,,o r- NICOLS ROAD - CONTRACT #86-2 The bids on the Nicols Road Contract #86-2 were received on August 29, 1986 and Mr. Colbert stated that the State Aid approval should be given within the next few days. He recommended approval of the award of the contract to the low bidder, and upon motion by Wachter, seconded Egan, it was resolved that the low bid of Bituminous Roadways in the sum of $553.943.07 be approved and awarded. All councilmembers voted yes. BACKSTOP AND OUTFIELD FENCING - CONTRACT #86-21 The bids for backstop and outfield fencing for several City parks had been received and it was recommended that the low bid of Century Fence Company in the sum of $114,627.88 be awarded. Ellison moved, Wachter seconded the motion to accept the recommendation and approve the contract as recommended. All members voted yea. BLACKHAWK PLAZA - PRELIMINARY PLAT REVISION Peter Stalland, the developer of the proposed Blackhawk Plaza commercial project submitted a request that the Council discuss conditions number 14 and 17 of its June 4, 1985 City Council conditions for the approval of the preliminary plat. Tom Hedges detailed the background of the two conditions regarding responsibility of upgrading Blackhawk Road, both to the north property line of Blackhawk Plaza and, for the balance of the development to Deerwood Drive. Two alternates were suggested: (a) That a public hearing be held prior to the final plat to notify the residents; and (b) that the developer post a bond in an amount for the improvements of Blackhawk Road on the site, and the other benefited properties along Blackhawk Road. Peter Stalland was present and asked that condition 17 be stricken and that an improvement hearing be held some time after the approval of the final plat. He agreed that a bond would be posted for the developer's property and the parcels across Blackhawk Road to assure payment for improvements to the north land of Blackhawk Plaza. A question arose concerning assessment against the St. John's cemetery property and it was determined that it would not be feasible to assess the parcel. Also, there was discussion concerning timing for the upgrading of Blackhawk Road and it was suggested that a hearing be held during the winter of 1986-87 concerning the improvements to Blackhawk Road. Egan moved, Wachter seconded the motion as follows: 1. The Developer will post a financial guarantee covering the estimated costs for the improvement of Blackhawk Road, including the cemetery property and both sides of Blackhawk Road to the north line of the proposed Blackhawk Plaza. 2. Condition No. 17 providing for Blackhawk Road upgrading to Deerwood Drive will be deferred until a public hearing is held after the approval of the final plat. 12 Council Minutes September 2, 1986 3. The developer - will petition for the improvements contemplated under Condition No. 14 consisting of Blackhawk Road improvements to the north line of the proposed addition. All councilmembers voted yes. BRIAR HILL 4TH ADDITION - TRAIL EASEMENTS On March 19, 1986 the City Council and Tollefson Builders, Inc. entered into a Development and Construction Compliance Stipulation Agreement including the acquisition of certain trail easements in the Briar Hill Addition. Tollefson Builders had been unable to obtain the signature of certain of the owners and therefore the condition had not been complied with. Carl Tollefson had requested that the Council change its requirements but the Park Commission reconfirmed its view on July 22, 1986 recommending completion of the trail improvements. Blomquist moved, Egan seconded the motion that the City be authorized to negotiate or in the alternative, condemn for the necessary trail easements, with the understanding that all costs will be paid by Tollefson Builders, Inc., and in addition, that an appraiser be authorized to be hired to determine the damages; further, that the amount of the escrow required to cover the damages and all costs of the City be determined by the staff for submission to Tollefson Builders, Inc. for payment. All voted in favor. TOWN CENTRE 70 AND 100 - PYLON SIGN AGREEMENT The City Administrator brought again to the City Council the proposed Agreement between the City and Federal Land Company regarding the pylon signs in Town Centre 70 and 100 Additions. A draft prepared by Paul Hauge, the City Attorney, dated July 7, 1986 with alternates for paragraph 10 regarding proposed revisions to the 300 foot ordinance spacing requirements was discussed and Charlie Bartholdi was present and requested the third alternate be implemented. However, he agreed on behalf of Federal Land Company that alternate No. 1 with wording including that such variance will not be unreasonably withheld, would be acceptable to the developer. Egan moved, Wachter seconded the motion to approve the agreement with the understanding that the first alternate No. 10 with the additional wording concerning the Council will not unreasonably withhold the variance request, be incorporated into the agreement and approved subject to execution by Federal Land Company. All members voted yes. BUR OAK HILLS - PROJECT #484 A letter was received from Keith Harstad requesting the City Council's consideration of installing the required streets and utilities for the Bur Oak Hills Addition under a City contract rather than private contract as originally proposed. Keith Harstad was present on behalf of the developer. Smith moved, Ellison seconded the motion to receive the Petition and order the feasibility report for Project #484. All voted in favor. 13 Council Minutes September 2, 1986 BORCHERT INGERSOLL - PROJECT #381 - ASSESSMENT APPEAL Tom Colbert and Paul Hauge again discussed with the City Council the demand on behalf of John Borchert for Borchert Ingersoll regarding storm sewer assessments against the Borchert property. The City Attorney was directed to continue negotiations regarding the proposed assessment appeal by Borchert Ingersoll. PUBLIC WORKS - CONTRACTUAL SERVICES The Public Works Director outlined for the City Council, several alternates for additional snow removal services during the 1986-87 snow removal season. The season will require a total of about 21 maintenance personnel and 15 snow removal vehicles. Five alternates were reviewed, including replacement of vehicles, the lease of a road grader, and the solicitation of contractual services for one main line plowing road and one cul-de-sac route located in the southwest corner of the City. The Public Works Department recommended solicitation for the contracting of services to determine the feasibility for future expansion of such outside services. Wachter moved, Egan seconded the motion to approve the contractual services proposal for snow removal operations for 1986-87 and authorize the advertisement of bids as outlined by the Public Works Director. All voted yes. WASTE MANAGEMENT COMMISSION - ALTERNATE APPOINTMENTS The recommendation from the watershed management commissions including Gun Club and Blackdog Lake that the City Councils authorize alternate members to each of the commissions was presented for consideration. An application was received from Dianne Hood of 4773 Beacon Hill Road as an alternate for the City of Eagan and upon motion by Ellison, seconded Blomquist, it was resolved that Dianne Hood be appointed as the alternate. All voted yes. ST. FRANCIS WOOD 5TH ADDITION - FINAL PLAT The application for approval of the final plat of St. Francis Wood 5th Addition was brought before the Council for its review. The staff recommended approval. Blomquist moved, Egan seconded the motion to approve the application, subject to compliance with all City requirements. All voted in favor. R 86-64 ECONOMIC DEVELOPMENT COMMISSION Tom Hedges stated that Bob Shields will be moving out of the City and will not be operating as a realtor within the City of Eagan and recommended the Council select a replacement. Tom Ellingson of Coldwell Banker had requested membership on the Commission. No action was taken and other persons will be solicited for the position on the Commission. 14 Council Minutes September 2, 1986 1986 AUDITING SERVICES The Council discussed the engagement of an auditing firm for the 1986 City accounts, and upon motion by Smith, seconded Wachter, it was resolved that DeLoitte, Haskins and Sells again be authorized to audit the 1986 accounts for the City. All voted yea. VOLUNTEER RECOGNITION DAY The Council tentatively scheduled October 25, 1986, a Saturday morning, as Volunteer Recognition Day in Eagan. KOZY ENERGY HOMES BUILDING PERMITS Councilman Wachter stated that he had been requested to inspect a home build by Kozy Energy Homes and noted some serious defects in construction. Wachter moved, Blomquist seconded the motion to withhold the issuance of any further building permits to Kozy Energy Homes, until further notice, due to some serious construction defects that have been brought to the attention of the City Councilmembers and staff. All councilmembers voted yes. SLATER'S ACRES - CHARLES BOLSTRUM - ASSESSMENT APPEAL Paul Hauge discussed with the City Council a request from the attorney for Charles Bolstrum regarding the assessment appeal brought by the City to District Court. The owners' attorney has requested settlement based upon the Commissioner's award and the City Attorney was directed to negotiate with the property owner. CAPONI VS. EAGAN, CARLSON, ET AL City Attorney Paul Hauge then discussed with the City Council a decision of the Minnesota Court of Appeals handed down late in August 1986 reversing District Court Judge Breunig's decision that there had been no taking by the City for land around Quigley Lake, and further, approving the damage award against all of the Defendants in the action. Mr. Hauge stated that there were some inconsistencies in the decision of the Appellate Court and discussed with the Council the potential for an appeal to the Minnesota Supreme Court regarding the issues, and in addition, clarification through the District Court concerning certain aspects of the decision. Egan moved, Smith seconded the motion to authorize the City Attorney's office to appeal the action to the Minnesota Supreme Court with the understanding that further attempts will be made to clarify the impact of the decision. All councilmembers voted affirmatively. 15 Council Minutes September 2, 1986 CHECKLIST Egan moved, Wachter seconded the motion to approve the following checklist dated September 2, 1986 in the amount of $585,335.60. All voted yea. ADJOURNMENT Upon motion by Wachter, seconded by Egan, it was resolved that the meeting adjourn at 12:10 a.m. All voted yes. PHH City lerk 16