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07/01/1986 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JULY 1, 1986 A regular meeting of the Eagan City Council was held on Tuesday, July 1, 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, Consulting Engineer Mark Hanson, City Planner Dale Runkle and City Attorney Paul Hauge. EMERGENCY BUS VEHICLE Mayor Blomquist thanked the Volunteer Fire Fighters for their contribution of approximately 1,500 hours of volunteer time in the reconstruction and outfitting of the Eagan emergency bus. VOLUNTEER FIRE DEPARTMENT RETIREES The following Volunteer Fire Department members have announced their retirement: Chief Robert Childers. Bob Childers has been in the department for 23 years and has been the VFD Chief since 1977. Mayor Blomquist presented a plaque on behalf of the Eagan City Council to Mr. Childers who was present in the audience, together with his family and a large number of the Volunteer firefighters. Jerry Adams. Jerry Adams also was a charter member of the Eagan Fire Department and a Certificate was presented to him by Mayor Blomquist. Bob Giles. Mr. Giles had been a 22 year member of the VFD and although he was not present, a Certificate will be presented to him. Upon motion by Wachter, initially seconded by Mrs. Childers, and also seconded by Councilman Egan, it was resolved that the City Council accept with regret the request of the fire department members for retirement. All voted in favor. AGENDA Upon motion by Ellison, seconded Wachter, it was resolved that the Agenda as presented be approved. All voted yea. 1 Council Minutes July 1, 1986 c"1 r i MINUTES June 17, 1986 - Regular Meeting. Upon motion by Ellison, seconded Wachter, it was resolved that the minutes of the June 17, 1986 regular City Council meeting be approved with the exception on page 14, regarding Overhill Replat, that a complaint had been made that the builder had not complied with certain construction problems from 1985. All voted yea. EAGAN BOND SALE - 1986 City Administrator Tom Hedges announced that the sale of three separate public bond issues had been advertised and bids were received at 12:00 noon on July 1, 1986. Ernie Clark of Miller & Schroeder Municipals was present and reviewed with the City Council, the results of the sales. 1. $4,650,000.00 G.O. Improvement Bonds - 1986. Upon motion by Smith, seconded Ellison, it was resolved that the bid of Shearson Lehman Brothers, Inc. at a net interest cost of 6.937% be and it hereby is approved and awarded. All voted yes. 2. $3,000,000.00 G.O. State-Aid Road Bonds - 1986. Upon motion by Wachter, seconded Egan, it was resolved that the bid of The Northern Trust Company with a net interest cost of 7.173% be approved as submitted. All voted affirmatively. 3. $700,000.00 G.O. Tax Increment Bonds-1986 - Sperry Corporation. Upon motion by Smith, seconded Egan, it was resolved that the bid of Norwest Investment Services, Inc. with a net interest cost of 6.58012% be and it hereby is approved and awarded. Those in favor were Egan, Blomquist and Smith; those against were Wachter and Ellison. Councilman Wachter stated that he strongly favored Sperry Corporation's contribution to the City and to Minnesota, but that his reasons for voting against the sale of the tax increment financing bonds for Sperry were as follows: 1. The project will not create new jobs but mainly transfers. 2. The Sperry area and no other area in Eagan is in his opinion, a blighted area. 3. It is the wrong use of taxpayers' money. 4. The taxpayers were not given the opportunity to approve or disapprove before all agreements were prepared. 5. He was not convinced that Sperry would not have expanded in Eagan without TIF, and they had their plans formulated previously. 6. He did not think Eagan needed to assist the second largest computer corporation in America financially. 2 Council Minutes July 1, 1986 JADE LANE & CARNELIAN LANE - STOP SIGN PETITION A request had been made by property owners near the intersection of Jade Lane and Carnelian Lane for a "stop sign" at the corner, and "children playing" sign on Carnelian Lane. The reasons were stated in the Petition for the request and Tom Colbert explained the reasons why the staff opposes signs in such locations. Police Chief Berthe was present and was asked to patrol the intersection. After discussion, noting there were no representatives present on behalf of the Petitioner, Smith moved, Wachter seconded the motion to deny the request, but direct the Police Department to patrol the intersection. All members voted yes. CONSENT AGENDA The following consent agenda items were submitted to the City Council for its review and consideration: 1. Contractors Licenses. A schedule of contractors license applications covering plumbing, heating and ventilating, homeowner and general contractors licenses was submitted and the staff, after review, recommended approval. 2. Personnel Items - Clerk Typist Pool. The City received a letter of resignation from Helga Brock, part-time clerk typist in the typing pool, effective June 25, 1986. It was recommended the Council accept the resignation and authorize the advertisement for replacement for her position. 3. Town Centre 70-4th Addition - Final Plat. Application of Federal Land Company for final plat approval of Town Centre 70-4th Addition consisting of one lot and one outlot came before the Council. The staff recommended approval, subject to compliance with all City requirements. R 86-44 4. Windtree 7th Addition - Project #478. A feasibility report for Project #478 consisting of street and utility improvements for Windtree 7th Addition have now been completed and it was recommended that the report be received and the Council schedule a public hearing to be held on August 5, 1986 at 7:00 p.m. at the City Municipal Center. 5. Overhill Farm 2nd Addition - Grading Permit #EX-25-086. An application was received from the developer of the Overhill Farm 2nd Addition for grading permit #EX-25-086 and it was recommended that the application be approved subject to compliance with necessary City requirements. 6. Blackhawk Oaks & Sunset Addition - Public Improvement Projects #84-R & #83-N. A request had been made to approve the installation of public improvements for Projects #84-R, Blackhawk Oaks, and #83-N, Sunset Addition, and accept the project for perpetual maintenance and authorize the reduction of the related financial security. Staff recommended approval. 7. Fairway Hills - Grading Permit #EX-34-096. The developer of the proposed Fairway Hills Addition had requested a grading permit for homes in the subdivision. It was recommended that the application be approved subject to the normal City conditions required for excavation grading permit purposes. 3 Council Minutes July 1, 1986 8. Eagandale LeMay Lake 2nd Addition - Final Plat. The application for final plat approval of Eagandale LeMay Lake 2nd Addition was submitted and the staff recommended approval, noting compliance with all the necessary requirements. R 86-45 9. Eagandale Center Industrial Park #6 - Utility Easement Vacation. A request from the developer of the Eagandale Center Industrial Park #6 to vacate a drainage and utility easement over portions of Lot 4, Block 1, Eagandale Center Industrial Park #6 came to the Council and the staff recommended that the Petition be received and that a public hearing be scheduled for August 5, 1986 at 7:00 p.m. at the Eagan Municipal Center. 10. LeMay Lake Hills - Ponding Easement Vacation. An application was received for the vacation of a ponding easement for LeMay Lake Hills and it was noted that at the June 17, 1986 meeting, the City Council took action to release any interest to the ponding easement, due to the fact that comparable ponding easements have been dedicated as a part of the final plat. It was recommended that the Petition be received and a public hearing be scheduled for August 5, 1986 at 7:00 p.m. at the Eagan City Municipal Center. 11. Fairway Hills - Foundation Permits. An application was received from the developer of the Fairway Hills Addition for foundation permits for 6 model homes and it was recommended it be approved subject to all the standard conditions imposed by the City for the approval of model homes. Upon motion by Wachter, seconded Smith, it was resolved that the foregoing consent agenda items be approved and authorized to be implemented. All members voted affirmatively. EAGANDALE CENTER INDUSTRIAL PARK - STORM SEWER - PROJECT #458 The Mayor convened the public hearing regarding the storm sewer improvements for Eagandale Center Industrial Park under Project #458. The Mayor turned the hearing over to Mr. Colbert who stated that notification had been scheduled for the public hearing on July 1, due to an error in notice to property owners. He described the report regarding the storm sewer improvements and noted that a meeting had been held by the affected owners and it was his understanding that an agreement had been reached regarding the assessments for the storm sewer improvements. Mark Hanson gave a presentation regarding the project and also discussed the Council's earlier action regarding the project. Bob Worthington of Opus Corporation was present and stated that he recommended approval of the project. Tom Davis of Northwestern Mutual Life Insurance and Bob Ochtrup of Chicago Tube were also in the audience. Mr. Ochtrup stated that he has on file a letter of objection but submitted a new latter removing the objection. He stated that Chicago Tube had some reservations whether the project was necessary, but understood that an agreement had been reached and that Chicago Tube was in agreement with the proposed assessments. There being no objection, Smith moved, Wachter seconded the motion to close the hearing and if the assessments for the project are approved, to authorize the preparation of detailed plans and specifications. All councilmembers voted yes. 4 Council Minutes July 1, 1986 EAGANDALE CENTER INDUSTRIAL PARK - PROJECT #458 - ASSESSMENT HEARING The next public hearing convened by Mayor Bea Blomquist consisted of the assessment hearing for Project #458 regarding storm sewer improvements in Eagandale Center Industrial Park. Mr. Colbert explained the proposed assessments and stated that he understood that Northwestern Mutual, Opus and Alscor agreed to pay 75% of the assessments and that the four developed parcels would pay 25% of their developed portions. The rate for the undeveloped land would be $0.076 per square foot and the developed land would be $0.015 per square foot. Representatives of Opus, Alscor, Northwestern Mutual Life and Chicago Tube were present and stated they were in agreement with the proposed assessments. Wachter moved, Ellison seconded the motion to close the hearing, to adopt the assessment roll and authorize its certification to Dakota County. All members voted yes. WEST SERVICE ROAD - PROJECT #471 - FINAL ASSESSMENT HEARING The Mayor then convened the public hearing regarding Project #471 consisting of storm sewer improvements on the West Service Road. Colbert reviewed the assessment roll and Bob Worthington of Opus Corporation stated that Opus was in support of the project. There were no objections. Egan moved, Wachter seconded the motion to close the public hearing and adopt the final assessment roll and authorize it to be certified to the Dakota County Auditor for spread on the tax rolls. All councilmembers voted yea. THOMAS LAKE APARTMENT PROJECT - INDUCEMENT RESOLUTION The public hearing regarding the requested change in the Inducement Resolution to increase the amount of multi-family housing revenue bonds from $10,000,000.00 to $11,875,000.00 for the Thomas Lake Apartment project next came before the Council for consideration. The City Administrator stated that he had contacted Lynn Trok, a neighboring property owner who in turn, contacted other neighbors regarding the proposed amendment to the Resolution. Mr. Hedges reviewed the proposal and Bob Lux for the developer was present. He was asked why the increase in the amount of the funding and he stated it was needed because of the increase in the amenity package and that the project had changed during the platting process to include additional retaining walls, etc. Councilman Ellison asked what would happen if the revision was not granted and Mr. Lux indicated that some of the amenities would be down-graded. He further noted that about 70% of the increase was due to extra cost and the balance was due to the capitalized interest during the construction period. 5 Council Minutes July 1, 1986 Lynn Trok was present and had questions concerning the rents for units in the project. Mr. Lux stated the rents will be controlled by the market. There were no objections and Smith moved, Egan seconded the motion to close the hearing and to approve the amended housing program proposed by Dominium Group to increase the inducement amount to $11,875,000.00. All members voted yes except Blomquist who voted no. TOWN CENTRE 70 AND 100 ADDITIONS - PYLON SIGN POLICY AGREEMENT A public hearing was first scheduled at the May 27, 1986 Planning Commission meeting and then continued to the June 24, 1986 meeting to consider a pylon sign layout for the Town Centre 70 and 100 Additions. The Planning Commission recommended approval, subject to changes in the proposed agreement drafted by the City Attorney in conjunction with the developer of the Town Centre Additions, Federal Land Company. Mr. Dale Runkle, City Planner, reviewed the layout of the locations and Charles Bartholdi of Federal Land Company was present. Paul Hauge, City Attorney, noted that there were two revisions in the draft, the latest of which was dated July 1, 1986. There were six deviations between the pylon sign proposed, including 240 feet, 288 feet, 275 feet and one other deviation, and in addition, the pylon signs across the street both on Denmark Avenue and Town Centre Drive. Mr. Bartholdi was asked why signs would be placed at each corner of Denmark and whether other locations would be feasible. Councilman Wachter suggested the motel sign at the southeast corner of Yankee Doodle Road and Town Centre Drive be moved easterly to comply with the 300 foot spacing. Mr. Bartholdi stressed that identity and visibility are critical for the pylon sign users. Councilman Egan questioned whether it may not be necessary to record the agreement and it was suggested that the recording would be desirable and that amendments to the agreement could be made at some time in the future. Mr. Bartholdi stated that 81 signs could be allowed at 300 foot spacing on the streets within the subdivisions. Councilman Ellison noted that there are five signs within 880 feet along Yankee Doodle Road and suggested that the Signal Hills Bank sign be moved south on Denmark. There was further discussion about moving the motel sign to the east. After lengthy discussion, Smith moved, Egan seconded the motion to approve the pylon sign agreement with the following amendments: Paragraph 10 should provide that in the event that the Eagan City Code, Section 420 is revised, to allow pylon signs within 300 feet of other pylon signs, that the developer/owners could then reapply to the City Council for revision of the agreement; further, that paragraph 2 be revised to avoid the public hearing process, noting that this Agreement is a stipulation concerning the locations and that such hearing be avoided provided there is compliance with all other sections of the Agreement; further, that the Agreement and Plan are approved identifying 28 signs according to the most recent revision. 6 Council Minutes July 1, 1986 Ellison then moved, Wachter seconded the motion to amend the main motion to provide that sign #20 for the motel, on Yankee Doodle Road, be moved easterly to provide the 300 foot spacing with the next restaurant sign to the west and that a directional ground sign be permitted at the intersection of Town Centre Drive for identification of the motel. All voted in favor of the amendment. The vote on the main motion as amended, indicated 5 ayes. It was understood that the motel applicant could return to the City Council for review of its decision as to location. ARBY'S RESTAURANT - DRIVE-THROUGH & PYLON SIGN - TOWN CENTRE An application for conditional use permit to allow drive-through Arby's Restaurant and a 20 foot pylon sign next came to the Counci'.. Dale Runkle briefly explained the application and there were no objections. Doug Kennedy on behalf of the applicant, Franchise Associates, appeared and stated that the subdivision is Town Centre 4th Addition and also requested that permission be granted for a pylon sign of up to 25 feet from the building grade. Egan moved, Ellison seconded the motion to approve the conditional use permit for drive-through, subject to no building permit being issued until the lot has received final plat approval, and for up to a 25 foot pylon sign, subject to compliance with all other City requirements. All councilmembers voted yes. TEMPORARY ADVERTISING SIGN REGULATIONS Tom Hedges reviewed in some detail with the City Council the current proposed policy for temporary advertising signs that had been requested by the City Council at an earlier meeting. Staff had conducted a sign survey of 31 intersections in Eagan and also had prepared reports regarding a proposed reader board at principal intersections within the City. A bid from Lawrence Signs, Inc. for twin-post directional signs was submitted and because of the high bid, it was suggested that wood poles be selected as an alternate. Councilman Ellison suggested bids be solicited and that cost comparisons then be reviewed after submission of bids for such signs. Ellison moved, Wachter seconded the motion stating that the City Council generally favors the concept as submitted by the staff, and requested the Developers Task Force, together with the staff, review the requests and submit recommendations including the following: 1. Sizes of signs with suggested 12 foot maximum height. 2. Suggested locations. 3. The number of ads on each of the signs. 4. Material for the ads, including removal of the signs and ads. 5. Duration of the signs. 6. A proposal that when a subdivision is 85% completed, that the Council not then renew the permit for that developer's sign. 7 Council Minutes July 1, 1986 7. Prices and materials should be reviewed and recommend to the Council. 8. Safety considerations shall be reviewed. 9. Sign placement, whether in County or City rights-of-way or on private property shall be studied. Further, it was understood that the existing temporary sign permits be allowed through June 30, 1987, but that the City then require compliance with the new regulations, or until the expiration of the temporary sign permit, whichever occurs last. All councilmembers voted affirmatively. BLUE BELL ICE CREAM - ON-STREET TRUCK SALE REQUEST A request from Blue Bell Ice Cream Company for a permit to authorize Blue Bell Ice Cream to operate ice cream trucks on the streets within the City of Eagan was received. Mr. Hedges stated that in the summer of 1984, the City experienced a number of vendors selling items around the City, and the City Council then determined that sales presented a safety problem and distraction to motorists, noting also the related liability issues. The City Clerk's office was given direction that no one be allowed to solicit within the City either on a door-to-door basis or by parking in a specific location. Glenn Baron, one-of the owners of Blue Bell was present and stated that the company had operated 7 years in Eagan until last year. He indicated that there had been no objections received and Police Chief Berthe noted that no objections had been received from the Police Department. He displayed a safety swing arm and indicated that the Company would place them on the trucks if required by the City. Further, he explained that they would adhere to reasonable time restrictions and will control the decibel level of the bells. He further noted that only one truck would operate in Eagan from noon until dusk. After discussion, Ellison moved, Egan seconded the motion to grant a solicitor's license to Blue Bell through September 1986, subject to the following: 1. That there be a decibel level restriction placed on Blue Bell trucks. 2. That trucks be allowed to operate from noon until 15 minutes before sundown. 3. That a swinging arm be placed on all Blue Bell trucks in the City. 4. That the liability insurance recommendation be complied with. 5. That in the event there are complaints from residents, that they be recorded and reviewed by the City Council. 6. That an ordinance will be considered after the current season, specifically controlling such sales. All councilmembers voted yes. 8 Council Minutes July 1, 1986 RICHARD BAKKEN - LOT COVERAGE VARIANCE The application of Richard Bakken for variance to exceed 20% lot coverage for 4528 Cinnamon Ridge Trail for the purpose of building an addition to the existing duplex home, came to the Council. Dale Runkle explained the application and noted that 28% lot coverage was being requested, whereas 20% is authorized. Councilman Egan stated that he did not note any appreciable hardship in that Mr. Bakken who was present, stated that he wanted to work on antique cars in the garage, and that there would be second floor living space in the addition. Smith moved, Egan seconded the motion to deny the application because of inadequate hardship and the extreme amount of the variance from 20% to 28%, and in addition, the expected adverse effect upon the neighborhood. All councilmembers voted in favor. At this time Mr. Hedges stated that the cassette recorder was not operating properly and would be repaired or replaced. FREDERICK DEAN - VARIANCE - SAFARI ESTATES 1ST ADDITION The'application of Frederick Dean for 12 foot variance from the 40 foot setback requirement along- public street for Lot 22, Block 2, Safari Estates 1st Addition was brought to the Council. There were no objections to the appl cation.andit'•-was Lbriefly-explained by Dale' Runkle, =Mr. Dean was present. Smith moved, Wachter seconded the motion to approve'the application, subject to compliance with all other applicable City Code requirements, noting that the lot across the street, Lot 1, Block 1, received a similar variance in October of 1985. All voted yea. RMC DEVELOPMENT CORPORATION - WAIVER OF PLAT - SUN CLIFF FIRST ADDITION The application of RMC Development Corporation for waiver of plat for Lot 6, Block 1, Sun Cliff First Addition was brought to the Council for its review. The purpose was to split the existing duplex lot which is common in the City, and there were no objections. Smith moved, Egan seconded the motion to approve the application, subject to compliance with all City requirements. All voted yes. R 86-47 SONS CONSTRUCTION CO. - OAKWOOD HEIGHTS 2ND ADDITION - WAIVER OF PLAT The application of Sons Construction Company to split an existing duplex lot for Lot 9, Block 1, Oakwood heights 2nd Addition, then came for review. Noting no objections, Ellison moved, Egan seconded the motion to approve the application, subject to compliance with all necessary City ordinance requirements. All members voted yes. R 86-46 9 Council Minutes July 1, 1986 TOWN CENTRE 100 2ND ADDITION - PRELIMINARY PLAT The preliminary plat application for Town Centre 100 2nd Addition consisting of two lots for office and bank and one outlot on approximately 4.9 acres on Outlot A, Town Centre 100 1st Addition, came to the Council for its review and consideration. The application was submitted by Federal Land Company and Dale Runkle explained the application, including the two story building on the center lot, and the proposed Signal Bank location on the westerly lot. Galen Pate, President of Signal Bank, was present as was Dave Anderson, the architect. Charlie Bartholdi also appeared for the applicant. Dale Runkle noted that there were certain revisions for the office building for Lot 2, with 10,640 net square feet and 71 required parking spaces, and that 4 parking spaces had been deleted to create greater green area. The Planning Commission recommended the trash facility be included within the building. Dave Anderson described the proposed layout for the bank site, and explained that construction would not commence possibly until Spring of 1987. After review, Wachter moved, Smith seconded the motion to approve the application, subject to the following conditions: 1. The variance for the reduction of four parking spaces based upon staff recommendation regarding green space, shall be approved. 2. Lot 1, Block 1, shall have a maximum of 1 driveway along Denmark Avenue , in, line with the previously approved Burger King driveway and a maximum of 2 driveway accesses along Town Centre Drive with the appropriate setbacks and separations, and Lot 2, Block 1, shall be allowed 1 access driveway onto Town Centre Drive with the appropriate separation. 3. All standard plat conditions shall be adhered to. 4. A detailed grading and erosion control plan shall be submitted for approval by staff. 5. A detailed landscape plan and financial guarantee shall be submitted and not released until one year after completion. The landscape plan shall be submitted on an approved grading plan at the time of final plat. 6. The developer shall be responsible for a 6 foot sidewalk along Town Centre Drive. 7. The trash container shall be incorporated into the building for the convenience of the occupants, and aesthetics of the site. All councilmembers voted yes. SEE PLAT FILE 10 Council Minutes July 1, 1986 MUNICIPAL FEE POLICY A master policy prepared by Administrative Assistant Jon Hohenstein consolidating certain fees and licenses throughout the City was submitted for action by the City Council. Many of the fees have been updated and it was noted that the schedule had been reviewed by all department heads with the intention of providing a uniform structure for all fees within one comprehensive document. Smith moved, Wachter seconded the motion to approve the Municipal Fee Policy and order its implementation as required. All members voted yes. PUBLIC IMPROVEMENT CONTRACTS The bids for the following public improvement contracts had been submitted and action was taken on the following: 1. Eagandale Center Industrial Park - Storm Sewer - Contract #86-10. Smith moved, Ellison seconded the motion to approve the award of the low bid to F. F. Jedlicki, Inc. in the sum of $264,188.50 as recommended by the City staff. All voted yes. 2. 1986 Seal Coating - Contract #86-8. Upon motion by Ellison, seconded Egan, it was resolved that Contract #86-8 be awarded to the lowest responsible bidder, Allied Blacktop Company in the sum of $69,775,58. All councilmembers voted yes, noting that there may be a change order submitted increasing the amount of the work, due to the favorable bid. 3. Williams & LaRue - Wyndham Corporate Center - Contract #86-11. Mr. Colbert explained that the amount required to be assessed based upon the low bid, would be approximately 19.8% over the amount estimated at the public hearing. It was recommended that 'the consideration of the award of the contract be continued and upon motion by Smith, seconded Wachter, it was resolved that consideration of the award of the contract be continued until July 15, 1986 with the request that the staff and affected owners meet to discuss the amount of the low bid and proposed assessments against the affected property. All voted yea. BUR OAK HILLS - EAW City Planner Dale Runkle indicated that he is requesting authorization to provide a negative EAW declaration for the Bur Oak Hills development. Mayor Blomquist noted that John Tapper, a representative of Gopher Smelting Company, had contacted her during the past few days and asked that the Bur Oak Hills development be zoned industrial instead of Residential. He stated that if Bur Oak Hills area was zoned Industrial, there would be less objection to Gopher Smelting's proposed expansion plans. Dale Runkle noted that the PCA had comments regarding Gopher Smelting in the proximity of the Bur Oak Hills development, and the fact that it was located within Air Noise Zone No. 4 and suggested advertising the lots under the Metropolitan Airport Chapter Guidelines. 11 Council Minutes July 1, 1986 Representatives of Bur Oak Hills development were present and stated that a meeting had been held with the Pollution Control Agency and it was understood that no problem had been identified. The PCA originally, however, had recommended a delay in the EAW until an adequate evaluation had been completed. The developer will order soil tests and will make the tests available to the City to determine whether there would be any pollution problems. The representatives also indicated that they would include in sales agreements, notice about the existing noise zone. After discussion, upon motion by Egan, seconded Ellison, it was resolved that a negative declaration for the development be approved with the understanding that soil tests would be made available to the City, and further that sales agreements for the Bur Oak development will include information regarding the noise zone. All voted in favor except Wachter who abstained. BUR OAK HILLS - GRADING PERMIT Upon motion by Smith, seconded Egan, it was resolved that the application of Harstad Companies for grading permit for the Bur Oak Hills development be and it hereby is approved, subject to City requirements. All voted yes. QUARRY HILL PARK - CHANGE ORDER # 1 - CONTRACT #86-1 The request of the Director of Parks and Recreation for authorization for Change Order No. I under Contract #86-1 in the amount of $2,666.39 be approved. Egan moved, Wachter seconded the motion to approve the change order as requested. All members voted affirmatively. PARK & RECREATION ATHLETIC SITE - LAND PURCHASE UPDATE Park and Recreation Director Ken Vraa was present and described for the City Council several sites proposed to be purchased for park and recreation purposes. He stated that there was a recognition of the need for athletic space for 30 acres by 1990 at an expected population of 37,500 and the recommendation was that 15 acres of the Ohmann property on Pilot Knob Road be purchased and developed for three soccer fields and neighborhood playground concept. In addition, it was proposed that not less than 7 acres and not more than 10 acres of property adjacent to the existing Northview Athletic Field, be acquired upon successful relocation of the Free Association of Lutheran Church Congregation three acre parcel. In addition, it was proposed that the Barr property located on the east side of Highway #3 be purchased for a future athletic site consisting of a 43 acre parcel currently listed for sale. 12 Council Minutes July 1, 1986 Mr. Vraa in response to a question, indicated that the park would be adequately signed and a parking lot would be provided. There was discussion regarding other potential sites and there was concern among councilmembers that the Barr property would not be sufficiently convenient for Eagan residents only. Egan moved, Ellison seconded the motion to approve the staff recommendation and proceed with the negotiation for the Ohmann property and the Northview sites. All voted yes. Blomquist then moved, Egan seconded the motion to direct the Park and Recreation Commission and staff to prepare a proposal for alternate sites, including the locations, estimated costs, sizes, etc. All members voted affirmatively. NORTHWEST ORIENT/REPUBLIC AIRLINES - SUPPORT RESOLUTION The Eagan Airport Advisory Committee acted in favor of a Resolution supporting the Northwest Orient and Republic Airlines merger, and it was recommended that the City Council do so also. Wachter moved, Smith seconded the motion to approve the Resolution as presented. All voted yea. R 86-48 COMPARABLE WORTH UPDATE AND REVIEW A comparable worth report had been distributed with the June 17, 1986 City Council packet, and Mr. Hedges stated that the Council and the Personnel Committee had reviewed the study. The Personnel Committee recommended the study be released. Upon motion by Smith, seconded Egan, it was resolved that the results be received and that the City Administrator be directed to release the results of the comparable worth study to all staff department heads. All voted yes. MAINTENANCE FACILITY EXPANSION - CONTRACT #85-21 Public Works Director Tom Colbert stated the final designs are now complete for the remodeling and expansion of the maintenance facility on Coachman Road, under Contract #85-21. He further indicated that the objective is to provide for additions or deletions depending on the bids. Jack Boarman, architect, was present and answered questions of the City Councilmembers. Mr. Boarman estimated that the cost for the expansion of the facility would be $37.00 per square foot. Smith moved, Wachter seconded the motion to approve the plans for Contract #85-21 and authorize the advertisement of bids, with opening to be held at 2:00 p.m. on Tuesday, July 29, 1986 at the Eagan Municipal Center. All voted affirmatively. 13 Council Minutes July 1, 1986 ..22191 WESCOTT ROAD - CONTRACT #86-16 As a part of the award of the Contract for the upgrading of Wescott Road from Lexington Avenue, one-half mile easterly, the relocation of certain sections of the existing Williams Brothers pipeline will be necessary. Williams Brothers has requested the City Council to enter into a Cost- Participation Agreement with a payment of $17,000.00 to relocate the existing facilities to match the new grade and profile elevation, and the staff recommended approval. Smith moved, Egan seconded the motion to approve the Cost Participation Agreement. All voted yes. COACHMAN ROAD - PROJECT #348 - YD ASSOCIATES ASSESSMENT APPEAL City Attorney Paul Hauge reviewed with the City Council the request from YD Associates where the property owner on Coachman Road and Yankee Doodle Road appealed its assessments for two parcels under Project #348. He stated that the trial in the District Court had been held the previous week and that prior to the Judge making a decision regarding the appeal, that each side was requested to review a potential settlement of the action. Upon motion by Smith, seconded Wachter, it was resolved that the Council approve the proposed settlement of Parcel #010-01 at the appraised amount of $5,600.00 and Parcel 7'011-52 and a reduction of $1,000.00 below the appraised benefit of $9,386.97, or $8,386.97. All councilmembers voted yes. BORCHERT INGERSOLL - PROPOSED ASSESSMENT APPEAL - PROJECT #381 Tom Colbert and Paul Hauge discussed with the City Council a demand on behalf of Borchert Ingersoll for a reduction in the assessments against the Borchert Ingersoll property of 50% based upon the 1984 project assessments of $108,147.00. It was recommended that the staff work with the property owner and its attorney and report to the Council at a later meeting. VEHICLES FOR SALE - ORDINANCE REVISION A letter from the City Attorney's office answering a question concerning the location of vehicles in road rights-of-way, on private and church parking lots, etc. was discussed. It was noted that the Eagan Ordinance prohibits the parking of vehicles for sale within road rights-of-way, and the City Attorney was asked to prepare an amendment to the ordinance to provide that vacant, unoccupied property not properly zoned for commercial use, and other comparable restrictions, be provided and submitted to the Council for its review. 14 Council Minutes July 1, 1986 29 PRIVATE UTILITIES AND ROAD RIGHTS-OF-WAY Tom Colbert explained to the City Council that a request had been made by Sperry Corporation for the use of City road right-of-way to bury a private utility line in the Eagandale Industrial Park area. He stated that the Council at an earlier time had denied Sperry the right to use public right of way for private utility purposes and at that time, Sperry had contracted with Northwestern Bell to insert the utility in the Northwestern Bell easement. The present objective is to install the fiber optic cable from the Sperry Office Park facility in Eagandale to the Trapp Road facility. Noting safety factors and the confusion by contractors regarding placement of utilities in rights-of-way, Egan moved, Ellison seconded the motion that based upon the reasons cited above, including the potential for liability on behalf of the City, that the Council deny requests for the placement of utility lines by private companies within public rights-of-way including easements within the City. All members voted yes. JOHN DEERE ROAD GRADER SALE Mr. Colbert then reviewed with the Council the contract entered into between the City and the John Deere Company approximately 5 years ago for the purchase of a road grader which included the acquisition of a bond providing that the City could redeem the bond after five years and exercise its option and sell the contract for the road grader, back to John Deere. Noting the benefit to the City and the favorable conditions for the buy-back on behalf of the City, Wachter moved, Egan seconded the motion to exercise the buy-back contract and redeem the performance bond for the road grader according to the contract. All voted in favor. COINS PROPERTY - CEDAR GROVE Tom Hedges explained to the City Council that there have been numerous continuing violations upon the Goins property in Cedar Grove, including storage of waste material on the property. He also indicated that the City had, in prior years, cited the owner with ordinance violations, but that the property had not been adequately cleaned up. Smith moved, Ellison seconded the motion to direct the City staff and City Attorney to proceed with necessary legal proceedings to clean the property, and if appropriate, to assess the cost incurred by the City against the Coins real estate. All councilmembers voted yes. CHECKLIST Egan moved, Wachter seconded the motion to approve the following checklist dated July 1, 1986 in the amount of $702,034.26. All voted in favor. 15 Council Minutes July 1, 1986 1 R ' R.f C: 1 ADJOURNMENT Wachter moved, Egan seconded the motion to adjourn at 11:20 p.m. All voted in favor. PHH City erk 16