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02/04/1986 - City Council Regular 00032 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 4, 1986 A regular meeting of the Eagan City Council was held on Tuesday, February 4, 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 Hedges, Consulting Engineers Bob Rosene and Mark = Hansen, Assistant City Engineer Hefti, Public Works Director Colbert, City Planner Runkle and Assistant City Attorney Keller. AGENDA Wachter moved, Blomquist seconded the motion to approve the Agenda as presented. All voted in favor. MINUTES Wachter moved, Egan seconded the motion to approve the minutes of the January 21, 1986 council meeting, except to correct the minutes to show that the motion was by Ellison rather than Egan in regard to tax increment financing on page 14 of the minutes. All voted yea. FIRE DEPARTMENT City Administrator Hedges indicated to the council that he was still awaiting information in regard to a fire department vehicle which information should be available to the Council at its February 18 meeting. CONSENT AGENDA The following consent agenda items were presented and recommended for approval: 1. Contractor Licenses. A schedule of contractor licenses attached to the packet was recommended for approval. 2. Personnel Items. a. Consulting Inspector. It was recommended that Elmer Borgschatz be hired to act as a consulting sign inspector for 1986. 1 City Council Minutes February 4, 1986 00033 b. Engineering/Planning Secretary. It was recommended that Judy Jenkins be approved as Engineering/Planning Secretary, effective February 3, 1986. c. Building Inspector. It was recommended that William Bruestle be appointed as building inspector effective February 3, 1986 contingent upon successful completion of the City's physical examination requirement. d. Plumbing Inspector. It was recommended that Dirk House be hired as a plumbing inspector, effective February 3, 1986, contingent upon successful completion of the City's physical examination requirement. e. Clerk-Typist Pool. It was recommended that the Council authorize the advertisement and filling of the position for the six-hour vacant position. f. Clerk-Typist Pool. It was recommended that Nancy Graves be appointed to fill the four-hour vacant position, effective February 19, 1986, contingent upon successful completion of the physical examination requirement. g. Street Supervisor. It was recommended that Lance Lundsten be appointed as street supervisor effective February 3, 1986. h. Road Maintenance Worker. ' It was recommended that the Council authorize the advertisement of the road maintenance worker position and the filling of this vacant position. i. Clerk-Typist - Parks/Building Inspection. It was recommended that the Council authorize the advertisement for an eight-hour clerk-typist for the Parks and Protective Inspections Departments. j. Parks and Recreation Intern. It was recommended that the Council accept the resignation of Parks and Recreation Intern Scott Morgan effective January 29, 1986. 3. Landfill Abatement/Joint Powers Agreement. It was recommended that the Council authorize the Mayor and City Clerk to execute a final draft of the Joint Powers Agreement between Dakota County and the City of Eagan, providing language to deal with the landfill abatement funding assistance. 4. Project #414 - Final Assessment Roll - Pine Ridge Drive. It was recommended that the Council receive the final assessment roll for Project #414 (Pine Ridge Drive - streets) and order the final assessment hearing to be held on March 4, 1986 at 7:00 p.m. at the Municipal Center. 5. Project #428 - Final Assessment Roll - Cedarvale Industrial Park. It was recommended the Council receive the final assessment roll for Project #428, (Cedarvale Industrial Park - trunk storm sewer) and order the final assessment hearing to be held March 4, 1986 at 7:00 p.m. at the Municipal Center. 2 City Council Minutes February 4, 1986 00034 6. Project #437 - Final Assessment Roll - Windtree 4th Addition. It was recommended the Council receive the final assessment roll for Project #437 (Windtree 4th Addition - streets and utilities) and schedule the final assessment hearing to be held on March 4, 1986 at 7:00 p.m. at the Eagan Municipal Center. 7. Project #438 - Final Assessment Roll - Lexington Place South. It was recommended the Council receive the final assessment roil for Project #438 (Lexington Place South - streets) and order the final assessment hearing to be held on March 4, 1986 at 7:00 p.m. at the Eagan Municipal Center. 8. Project #454 Addendum - Preliminary Report - Ashbury Road. It was recommended that the Council receive the addendum report for Project #454 and order a public hearing to be held on March 4, 1986 at 7:00 p.m. at the Eagan Municipal Center. 9. Slicer's Pizzeria - Amusement Device. It was recommended that the Council approve the amusement device license for Norman Pink, representing Advance Carter Company for Slicer's Restaurant at 2113 Cliff Road. 10. Project #84A - Final Acceptance - Kensington Place. It was recommended that the Council approve the final acceptance of utilities installed under Project #84A, Kensington Place, for perpetual maintenance by the City. 11. Project #465 - Feasibility Report - Rahn Ridge. It was recommended the Council receive the feasibility report for Project #465 (Rahn Ridge - trunk storm sewer) and order the public hearing to be held March 4, 1986 at 7:00 p.m. at the Municipal Center. 12. Project #469 - Petition - Towerview Road. It was recommended that the Council receive the Petition and authorize the preparation of a feasibility report for Project #469 (Towerview Road - streets). Egan moved, Wachter seconded the motion to approve the foregoing consent agenda items and authorize the implementation of each. All voted yes. CITY MILL RATE City Administrator Tom Hedges advised the Council that while the City Finance Dept. estimated that the mill rate applicable to Eagan would be 21.8, he was happy to advise the Council that the actual rate is 20.99. COMPARABLE WORTH City Administrator Hedges advised the Council that he had received a letter from the- Mayor of Golden Valley in regard to the issue of comparable worth which the City of Eagan is cooperating with Golden Valley to address. 3 City Council Minutes February 4, 1986 00035 DAKOTA COUNTY HRA City Administrator Hedges advised the City Council that Carol Schultz is resigning from Dakota County HRA effective May 30, 1986. Mr. Mark Ulfers is the new director effective February 1, 1986. Ms. Schultz has extended her gratitude and appreciation to the City Council for its past support. R-1 LAND IN EAGAN Councilmember Wachter moved, Councilmember Ellison seconded the motion to direct the staff to proceed with providing the Council with information regarding the feasibility, availability, and demand for R-1 land in Eagan. All voted yea. NORTHWESTERN BELL SUB-STATION After significant discussion regarding the number of Northwestern Bell sub-stations having been built and to be built in the City of Eagan, Mayor Blomquist moved, Egan seconded the motion to direct the staff to advise Northwestern Bell to contact the City first in regard to plans for future sub- stations and to attempt to coordinate such construction into other public or commercial buildings. All voted in favor. Wachter moved, Egan seconded the motion to declare any excess brick from the construction of the City Hall not used by the Park Department, to be declared surplus for potential sale to Northwestern Bell for telephone sub- stations. All voted yes. EXIT FROM WEST-BOUND YANKEE DOODLE ROAD TO NORTH-BOUND I-35E The Council then discussed the difficulty of making a left turn from west- bound Yankee Doodle Road in order to gain access to north-bound I-35E. Mr. Colbert indicated that it was his understanding that the reason the normal right-turn entrance onto I-35E was not used was because of the close proximity of the exit to east-bound Loan Oak Road from north-bound I-35E. Staff will contact MnDOT for further information. NICOLS ROAD - PUBLIC HEARING - PROJECT #460 Mayor Bea Blomquist then convened the public hearing regarding Nicols Road street improvement with some utilities under Project #460. Tom Colbert introduced the project and Richard Hefti explained the project in some detail. It was explained that there had been an error in the original notice and therefore that the final decision be continued to the February 18, 1986 meeting, after new notification. However, there were many people present to express their concerns and therefore it was recommended that these concerns be expressed so that the City might address them prior to the public hearing. It 4 City Council Minutes 36 February 4, 1986 Q0M0 was explained that the consulting engineers and City Engineers felt the need to widen Nicols Road, in particular from the area just south of Cliff Road to just north of Diffley Road, to facilitate the anticipated traffic created by additional commercial development along the west side of Nicols Road. In addition, staff indicated that the road would qualify for state aide funding which would therefore not cause the adjacent land owners to pay for any oversizing of the street. One business owner appeared and explained his concern regarding continuous access which the Public Works Director Colbert felt could be accomplished. One homeowner appeared and objected to the amount of her assessment which appeared could be reduced due to the present use of the property. Several residents appeared objecting to the extent of the improvement of Nicols Road, arguing that it was not necessary to widen the road or to encourage heavier traffic use. In addition, there was discussion in regard to the width of the trailway on the east side of the property, with some of the audience approving the need for such a trailway for children's use and others requesting that the width of the trail be reduced or eliminated altogether. Staff suggested that an overlay of the existing roadbed would probably last only a couple of years. Wachter moved, Egan seconded the motion to continue the hearing to February 18, 1986. All voted yea. CLIFF ROAD - PUBLIC HEARING - PROJECT #463 The public hearing regarding Cliff Road street improvements from Trunk Highway #3 to Inver Grove Heights under Project #463 was then convened by Mayor Bea Blomquist. Tom Colbert introduced the project and described it as being a County Road improvement with the City of Eagan sharing in the portion located in Eagan. It was intended to increase the width of the road to a paved width of 24 feet with ditches. Major grading around the railroad track area would be necessary. Two of the neighboring land owners were present to express their concerns. Mark Hanson advised that the foot frontage rate would be $11.80 due to the fact that this was a rural street improvement, rather than standard City street within a residential area. One of the owners was concerned about the damage to his property and homesite due to the extensive grading necessary for reconstruction of the road. It was advised that the County would be compensating it through the acquisition process. Egan moved, Smith seconded the motion, approve the project and enter into an agreement with the County as necessary for this project. All members voted in favor. YANKEE DOODLE ROAD - STREETS - PROJECT #461 The next public hearing was convened by the Mayor concerning street and utility improvements under Project #461 for Yankee Doodle Road, easterly of Pilot Knob Road and through the intersection with Lexington Avenue. Tom Colbert presented the project which was then described in detail by consulting engineers represented by Tim Thenow and Larry Erickson. Larry Figgens, the County Design Engineer, was also present. Mr. Charles Bartholdi, representing Federal Lana Company was present, indicating his client's concern in regard to assessments which had been forwarded in writing to the City and which he anticipated would be addressed through City staff. There was discussion regarding the ultimate easterly extension of the proposed improvement and the 5 City Council Minutes February 4, 1986 000 37 right turn lanes for the intersection with Lexington Avenue. It was indicated that the project anticipated closing Yankee Doodle Road from May 15 to November 15, 1986. It was anticipated that a temporary access would be provided by new construction of streets south of Yankee Doodle in that area. Egan moved, Ellison seconded the motion to close the public hearing and approve the installation of Project #461 (Yankee Doodle Road - streets) and to authorize the preparation of a Cost Participation Agreement with Dakota County. All voted in favor. BUROW POND - STORM SEWER OUTLET -PROJECT #452 Mayor Blomquist then convened the public hearing for Project #452, Burow Pond, (storm sewer outlet). It was noted that the petitioner had requested a continuance of the hearing due to impact on vegetation. Wachter moved, Ellison seconded the motion to continue the matter to March 2, 1986. All voted yes. EASEMENT VACATION - LOT 5, BLOCK 2, BRITTANY 7TH ADDITION The public hearing for the vacation of a three foot area of side lot line drainage and utility easement due to the encroachment of recent construction of a single family dwelling was then convened by Mayor Bea Blomquist. Public Works Director described the circumstances including an approximately 28 foot deep sanitary sewer line which may have been insufficiently compacted in the area encroached upon by two homes, and the negotiations that had occurred between the builder and the owner of one home and the potential owner of the second home where the vacation was being requested. The home owner and potential home owner were present to discuss their concerns. Councilmembers expressed their great concern in regard to the number of problems that had occurred with Tollefson Builders, Inc. and the harm that it may represent to residents of Eagan. Staff was directed to inventory the problems that had occurred and the negligence connected therewith. Wachter moved, Egan seconded the motion to deny any further building permits to Tollefson Builders, Inc. and to consider revocation of the builder's license if the findings of staff regarding prior and existing problems with the builder substantiated the suspension of the builder's license. All voted in favor. Egan moved, Wachter seconded the motion to close the public hearing regarding the vacation of easement and to deny said vacation. All voted in favor. VACATION OF EASEMENT - WILDERNESS RUN 5TH ADDITION The public hearing for vacation of utility easement (Wilderness Run 5th Addition) was convened by Mayor Blomquist. It was indicated that a need for vacation resulted-from a replatting of lots which included new utility easements without having ever formally vacated the old utility easements. Smith moved, Ellison seconded the motion to close the public hearing and approve the vacation of common lot line drainage and utility easements over portions of Blocks 6 and 7 of Wilderness Run 5th Addition. All voted yes. 6 City Council Minutes February 4, 1986 00038 VACATION OF UTILITY EASEMENT - NORTHVIEW MEADOWS ADDITION Mayor Blomquist then called the hearing regarding the requested vacation of utility easements for common lot lines of Lots 1, 2, 3, 4, and 5 of Block 4, Northview Meadows Addition. Dale Runkle advised that the vacations were necessary as the five lots had been combined into three, upon which homes had been constructed. Councilmembers questioned whether a public hearing had been scheduled for replatting into the new lots. Smith moved, Wachter seconded the motion to continue the hearing to coincide with a noticed hearing for the replatting of the property. All voted in favor. VACATION OF PUBLIC RIGHT-OF-WAY - BLUE GENTIAN ROAD Mayor Blomquist next convened the public hearing for the vacation of public right-of-way (Blue Gentian Road) continued from the January 7, 1986 City Council meeting. It was noted that there was an error in the description. Wachter moved, Egan seconded the motion to continue the public hearing to vacate public right-of-way for Blue Gentian Road until February 18, 1986. All voted yes. CONTINUED FINAL ASSESSMENT HEARING - MISCELLANEOUS APPEALS The public hearing was then convened by Mayor Blomquist in regard to the final assessments for four property owners affected by Project #411. Smith moved, Wachter seconded the motion to adopt the recommendations of the special assessment committee in regard to the following three of the properties: Don Vogtman, Victor Staff and Ronald Doyle. All voted in favor. Egan then moved, Ellison seconded the motion to continue the hearing in regard to Lillian McCarthy to February 18, 1986 to insure that proper notice had been made. All voted yes. PARK CONSULTANT - APPOINTMENT & FEE SCHEDULE City Administrator Hedges noted that the information provided in the Council packet was inaccurate as to the park consultant appointment and fee schedule information. Egan moved, Wachter seconded the motion to continue the consideration of Westwood Planning & Engineering Co./Principal of Tim Erkkila as the City's Park Consultant for 1986. All voted yes. AIRPORT NOISE COMMITTEE APPOINTMENTS City Administrator Hedges then presented a list of present members of the Eagan Airport Noise Committee interested in reappointment and new potential members. After a ballot vote, John Gustin, Tom Baker, Carol Dozois and Carolyn Braun were elected to two-year terms and W. Dustin Mirich, Otto Leitner and Joe Harrison were elected to one-year terms. 7 City Council Minutes February 4, 1986 00039 ECONOMIC DEVELOPMENT COMMISSION Mayor Bea Blomquist advised the City Council that Mr. Bob Shields, a real estate manager, Mr. George Traynor, President of Courseware Applications and Mr. John King, had expressed interest in the Economic Development Commission positions relative to their area of business or profession. Blomquist moved, Smith seconded the motion to accept the nominations of these three individuals to the Economic Development Commission. All voted in favor. GUN CLUB LAKE WATERSHED MANAGEMENT COMMISSION Mr. Hedges advised the City Council that Mr. Jim Unker and Steve Gallion were interested in this commission. Councilmember Ellison also suggested that Mike Beard and Brad Farnum might be interested. Egan moved, Wachter seconded the motion to continue the matter until City staff has had an opportunity to contact the four individuals and find out if all or any have an interest in appointment to the Gun Club Lake Watershed Management Commission. All voted in favor. SPERRY PROPOSAL City Administrator Hedges then gave a detailed presentation in regard to the request by Sperry Corporation for financial assistance in the development of a $14 million, 295,000 square foot sales and marketing facility on its property near the existing facility. Several alternate plans and incentives were described in addition to a proposed motion for the Council to consider. It was also indicated that the State of Minnesota appeared willing to provide Sperry with a $1 million, below-market interest rate loan. In addition, concessions appeared to be in process for Northwestern Bell, NSP and Peoples Natural Gas Co. Councilman Wachter expressed his concern regarding adverse precedent and impact on the city taxpayers. Councilmember Ellison submitted a written statement to the other Councilmembers and to the press expressing his concern regarding the potential discriminatory effects of providing funding to certain businesses and the cost thereof to taxpayers. Councilmember Smith recommended providing tax increment financing to remain competitive with other cities which would use the types of funds made available through State and Federal government. He also indicated that the recoupment was rather fairly short term and that the long term benefit of the additional jobs and real estate taxes would be tremendous. Councilmember Egan indicated that Sperry represented a unique situation involving many residents of the City of Eagan which may preserve those jobs, in addition to providing new jobs fitting into a criteria which would not open up the possibility of this type of assistance to every business. Smith moved, Egan seconded the motion to adopt the motion provided by staff to provide up to $700,000.00 to be used for general infrastructure or-relatea site development purposes as defined by the City, to assist Sperry's plans for a new 625,000 square foot sales and marketing facility which will employ 700+ persons and further, that the cost of said infrastructure or related site development will be recaptured by the future sale of tax increment financing bonds, at 50% to 100% of the full increment for the following reasons: 8 City Council Minutes February 4, 1986 00040 1. Sperry Corporation employs approximately 5,000 persons in Eagan which is equivalent to the total of the next nine largest employers and has been a major employer since the mid-1960's. 2. If the Sales and Marketing Facility is not located in Eagan, Minnesota, the City and State will lose upward of 700 jobs and approximately $1.2 - $1.6 million in annual State revenues. 3. The City has a long-term community investment consisting of a transportation network and utility infrastructure for the Sperry Campus. 4. Since the site is currently owned and considered part of the Sperry Campus, this property will more than likely not develop or generate future property tax unless a Sperry installation is constructed. 5. Continued expansion of facilities reinforces the long-term Sperry Corporation commitment to both Eagan and the State of Minnesota. 6. Sperry Corporation is currently the second largest taxpayer in terms of assessed valuation in the City. The proposed facility will generate additional, significant property taxes upon retirement of the tax increment bonds. 7. The new facility is expected to generate future new Sperry jobs and will generate related commercial development within the City. Ellison moved, Wachter seconded the motion to amend the original motion to continue the matter for two weeks for the public hearing. Wachter and Ellison voted yes in regard to the amendment; Egan, Blomquist and Smith voted no. Wachter and Ellison voted no in regard to the original motion; Egan, Blomquist and Smith voted yes. CONDITIONAL USE PERMIT - HONG WONG RESTAURANT - ON-SALE LIQUOR Mayor Blomquist then convened the hearing for request for reconsideration of conditional use permit for Hong Wong Restaurant to allow on-sale liquor license in conjunction with the existing restaurant facility. The Council expressed its concern regarding the commitment made to neighboring land owners in regard to liquor sales in this area. It was notes that the applicant had obtained signatures of neighbors on a Petition recommending that liquor in conjunction with the sale of food be allowed. Egan moved, Wachter seconded the motion to reconsider the application for conditional use permit and license. There was concern expressed in regard to the valuation of the property as required under Ordinance and the ability to insure that liquor sales were conducted only as an accessory to food sales as presented by the applicant under the ordinance. It was requested that staff provide information in this regard and to verify any concerns in regard to actual agreement by neighboring land owners. Smith moved, Egan seconded the motion to continue the hearing to the first meeting in March, requiring advertised and mailed notice with interpretation of Ordinance by the Council. All voted in favor. 9 City Council Minutes February 4, 1986 00041 CONDITIONAL USE PERMIT - HARDEE'S RESTAURANT Mayor Blomquist then convened the public hearing in regard to the request for conditional use permit for iiardee's Restaurant for a drive-through restaurant facility and for a pylon sign to be located on Lot 1, Block 1, First Minnehaha Addition. City Planner Runkle presented the issues in regard to the two requests for conditional use permits and there was some discussion in regard to the revised drive-through plan. Wachter moved, Egan seconded the motion to recommend approval of the conditional use permit for a drive-through facility. All voted yes. Egan moved, Smith seconded the motion to approve a pylon sign subject to the following conditions: 1. The sign shall be at least 10 feet within the property line. 2. A variance shall be granted to allow a maximum 143 square feet of sign area per side. 3. The sign shall be no taller than 27 feet. 4. The trash area be enclosed. 5. A landscape plan be submitted for staff review before issuance of the building permit. All voted in favor. VARIANCE - SUN CLIFF 5th ADDITION Mayor Blomquist then called the hearing in regard to a request for a variance for the two foot side yard setback for Wesley Construction, Inc. on Lot 3, Block 2, Sun Cliff 5th Addition. It was explained that the variance is required because of the overhang of the second story of'the dwelling above the garage, which was in compliance with the setback, extended two feet beyond the setback on the side yard. Egan moved, Wachter seconded the motion to approve the variance. All voted in favor. FISCAL 1985 - BUDGETARY ADJUSTMENT City Administrator Hedges then advised the Council of the recommended adjustments to the 1985 budget. Egan moved, Ellison seconded the motion to approve the recommended adjustments. All voted in favor. 10 City Council Minutes February 4, 1986 00042 MARK REMICK - PRELIMINARY PLAT The application of Mark Remick for preliminary plat approval of a single family home in Highview Acres was brought to the Council. Dale Runkle detailed the application and it was noted that the Planning Commission had recommended approval, subject to certain conditions. Mr. Wayne Cordes was present to represent the applicant. Smith moved, Wachter seconded the motion to recommend approval, subject to the following conditions: 1. Public utilities be brought to this development and if constructed under public contract, the project must be authorized by Council prior to final plat approval. 2. This development shall be responsible for its obligation for trunk area storm sewer assessments and the correct amount of trunk area watermain assessment. 3. That the plat be in compliance with all other City ordinances. 4. That the owner be responsible for the construction and cost of necessary utilities. 5. That the developer provide the City with an easement for snow storage on Outlot 1. 6. That the applicant be required to obtain additional land from the property to the north to provide the access required under City Code. 7. The applicant shall be required to donate to the City, 35 feet in property width on the east border of the existing parcel in exchange for the City's outlot. 8. As parks dedication, the developer will provide a strip of land 25 feet in width along the south property line through the extent of the parcel. 9. The setback from the new south property line shall be 25 feet. All voted in favor. SEE PLAT FILE GREENSBORO PROJECT - PRELIMINARY PLAT & REZONING An application of Dave Gabbert for preliminary plat approval of Greensboro Addition and replatting of a 40 acre agricultural parcel to R-1 PD was considered by the Council. City Planner Runkle reviewed the project, noting that it included 36 or 37 lots below the 12,000 square foot R-1 requirements and that the issue regarding the north-south through-streets had been resolved. Mr. Dave Gabbert was present to review the application. The City's policy in regard to use of planned development as a means to allow small single family lots was discussed. Smith moved, Wachter seconded the motion to recommend continuing the application until the applicant returned with a plan for full-sized R-1 lots and no cul-de-sacs. All voted in favor. SEE PLAT FILE WAIVER OF PLAT - LOT 7, BLOCK 1, SUN CLIFF 1st ADDITION The Council next heard the request for waiver of plat by Pietsch Construction for a duplex lot split in Lot 1, Block 1, Sun Cliff 1st Addition. Smith moved, Ellison seconded the motion to approve the waiver of plat for duplex lot split for Lot 7, Block 1, Sun Cliff 1st Addition. All voted in City Council Minutes February 4, 1986 00043 SPECIAL ASSESSMENT COMMITTEE RECOMMENDATIONS The councilmembers discussed the recommendations of the Special Assessment Committee made January 16, 1986 in regard to Francis C. Franz and Anna S. Heuer, Project #372, Willard Berfelz, Project #447, Don Sandberg, Project 4427, YD Associates, Project #427, Patrick McCarthy, Project #404 and #411, Don Vogtman, Project #411, Victor Staff, Project #411, Ronald Boyle, Project #411 and Lillian McCarthy, Project #411. Smith moved, Ellison seconded the motion to approve the recommendation of the Special Assessment Committee. All voted in favor. i x SIDEWALK TRAIL ASSESSMENTS - POLICY #86-1 Egan moved, Blomquist seconded the motion to adopt the following policy in regard to sidewalk and trailway assessments: Sidewalks and trailways shall be installed in accordance with the City of Eagan's master street and trailway plan which also incorporates related County and State installations. At the time of Council adoption of a project through the public hearing process, sidewalks and trailways shall be assessed at the City's rate in effect at the time of the public hearing against all properties zoned Multiple Residential (R-3), Commercial, Institutional or Public Facility (P.F.). For purposes of this policy, land use guide plans and planned unit developments (P.U.D.) shall not be considered as existing zoning at the time of the public hearing. Properties zoned agricultural (Ag), single family (R-1) or duplex (R-2) shall not be assessed for any costs associated with the installation of sidewalks or trailways. If applicable, properties that are subsequently rezoned at a later date to a higher qualifying zoning classification shall be assessed at the rates in effect at the time of the rezoning as a condition of development approval in accordance with policy #82-1. All voted in favor. SPECIAL ASSESSMENT POLICY - PARK LAND - POLICY #86-2 Egan moved, Smith seconded the motion to adopt a policy providing for one- half residential equivalent assessments against County park property for trunk storm sewer improvements, with the understanding that the City can impose restrictions on development, and in the event that future development of the park property takes place, additional trunk storm sewer assessments could be levied against benefited property. All members voted in favor. 12 City Council Minutes February 4, 1986 00044 CONTRACT #86-3 - ASHBURY ROAD City Administrator Hedges then presented the information in regard to Contract #86-3, Ashbury Road streets and utilities, which is hoped to provide a detour for impending construction of Yankee Doodle Road. It is anticipated that Ashbury Road may be completed by mid-July. Wachter moved, Egan seconded the motion to approve the plans and specifications for Contract #86-3 (Ashbury Road - streets and utilities) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Friday, February 28, 1986. All voted in favor. LAUKKA-BECK PUD Mr. Warren Beck appeared on behalf of the developer of Laukka-Beck PUD to advise the Council that the developer had sold a portion of the remaining portion of the property to Wacovia Bank and Trust who would incur all the responsibilities and liabilities, duties, rights and privileges of the previous developer. It was indicated that documents for these changes had been approved by City Attorney Paul Hauge who recommended approval of the release of Laukka-Beck from the obligations of the planned development agreement and development contract. Wachter moved, Egan seconded the motion to recommend approval of the release of Laukka-Beck as the developer. All voted in favor. CHECKLIST Upon motion by Wachter, seconded Egan, it was resolved that the checklist dated February 4, 1986 in the amount of $178,256.74 be approved. All members voted in favor. & February 3,1986 in the amount of $91,046.00 ADJOURNMENT Upon motion duly made and seconded, the meeting was adjourned at 12:55 a.m. All voted yea. DGK Cit Clerk 13