Loading...
03/04/1986 - City Council Regular 000f 5 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 4, 1986 A regular meeting of the Eagan City Council was held on Tuesday, March 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, Public Works Director Colbert, City-Planner Runkle and City Attorney Hauge. AGENDA Ellison moved, Egan seconded the motion to approve the Agenda as distributed. All voted yes. MINUTES Smith moved, Wachter seconded the motion to approve the minutes of the regular meeting of February 18, 1986 with the following revisions: page 4, No. 6 Wescott Road, Project #467 Hearing will be on March 19, 1986 at 7:00 p.m.; page 5, Nicols Road Project #460, sidewalk will generally be within the City street easement and that the standard is for about a 9 to 10 foot boulevard for snow storage and safety purposes from the improved roadway to the trail; page 6, Nicols Road Project #460, Blomquist moved, Smith seconded the motion to order in the improvement and that staff work with the affected owners along Nicols Road concerning the location of the trail. . . page 8, Gun Club Lake Watershed Management Commission Appointment, should read, City Administrator Hedges stated that four persons were given consideration at the last council meeting for appointment to the Gun Club Lake Commission. All members voted yes. SILVER BELL CENTER PLAT Mayor Blomquist was concerned that the name for the proposed Silver Bell Center plat at the northwest corner of Silver Bell Road and Highway #13 be renamed so as not to confuse it with the Silver Bell Center at the southeast .corner of that same intersection. Blomquist moved, Smith seconded the motion to request that the developer of the proposed subdivision revise the name and all documents relating to the subdivision, including the City Council Minutes, prior to the approval of the final plat for Dallas Development Company. All voted yes. 1 Council Minutes March 4, 1986 0066 CONSENT AGENDA Egan moves, Smith seconded the motion to approve the following consent agenda items and authorize their implementation: 1. Contractor Licenses. A schedule of contractor license applications was submitted and recommended to be approved. 2. Personnel Items. a. Clerk/Typist - Park & Recreation/Protective Inspections. It was recommended that the Council acknowledge the notification by Mary Weathers that she will not be accepting the position of clerk/typist for the City. b. Engineering Tech II. It was recommended the Council accept the resignation of Scott M. Merkiey and authorize the advertisement for a new Engineering Tech II. c. Clerk/Typist - Park & Recreation/Protective Inspections. It was recommended that Barbara Sellars be appointed as clerk/typist for the Park & Recreation/Protective Inspections Departments with the appointment being effective February 24, 1986, subject to compliance with all City requirements. d. Clerk/Typist - Pool (Administration). The staff recommended that the Council approve the appointment of J. Marlynn Carriere as a part-time clerk/typist, 4 hours a day for the Administration typing pool, to be effective March 5, 1986, subject to successful completion of the City's physical examination requirement. 3. St. John Neumann Church - On-Sale Beer License. An application was submitted by St. John Neumann Church for consumption and display license for March 5, 1986 and it was recommended that the application be approved. 4. Lone Oak Addition - Utility Easement Vacation. The staff received a Petition to vacate a common lot line drainage and utility easement dedicated around the perimeter of Outlot F, Lone Oak Addition and it was recommended the Council receive the Petition and schedule a public hearing to be held on April 1, 1986 at 7:00 p.m. at the City Municipal Center. 5. Joint Powers Agreement - Traffic Lane Striping Contract. The cities of Eagan, Burnsville, Apple Valley and Rosemount have prepared a Joint Powers Agreement, allowing for a cooperative contract for traffic lane striping performed on an annual basis. It was recommended that the Council approve the Agreement. 6. Northern Natural Gas Company - Easement Conveyance. The previous 25 year lease with Northern Natural Gas Company for a pumping facility near the water treatment plant expired and NNG has now requested an extension of the lease. The staff recommended certain improvements to the property and now recommended that the Council approve the easement for a period of 50 years, allowing NNG to operate and maintain its existing pressure station facility on Coachman Road near the water treatment plant, and authorize the Mayor and City Clerk to execute all related documents. 2 Council Minutes March 4, 1986 (;006 7 7. Overhill Farm 2nd Addition - Preliminary Plat Extension Request. An extension request from David Dehler of Overhill Properties, Inc. for approval of the preliminary plat to September 19, 1986 was submitted. Staff recommended that the Council approve the extension. 8. Optimist Club Proclamation. The Eagan Optimist Club requested that the City proclaim the week of April 7 to 11 as Youth Appreciation Week in the City of Eagan, and the staff recommended approval. 9. Silver Bell Center Grading Permit - Dallas Development Co. An application for grading permit in conjunction with the recently approved preliminary plat of the proposed Silver Bell Center has been received and staff recommended that the application be approved, subject to compliance with City requirements. All voted in favor. FISCAL DISPARITIES BILL Tom Hedges announced that a bill may be proposed in the 1986 Legislature regarding fiscal disparities revisions. Councilman Ellison reported that four separate bills have been discussed but that no bills have been introduced at the present time. PROJECT #414 - PINE RIDGE DRIVE - STREET ASSESSMENTS The final assessment roll for Project #414 was submitted and the Mayor convened the public hearing regarding the proposed assessments. Tom Colbert, the Public Works Director, described the final assessments and there were no objections to the roll. Jim Woods, an affected property owner, questioned how the repairs would be paid in the future. Egan moved, Ellison seconded the motion to close the public hearing and to approve the final assessment roll and authorize the certification to the County for collection of unpaid assessments, to be spread over 15 years at 9% interest. All voted yea. CEDARVALE INDUSTRIAL PARK - TRUNK STORM SEWER - PROJECT #428 Mayor Blomquist then convened the public hearing regarding the final assessment roll for Project #428 consisting of storm sewer improvements in the Cedarvale Industrial Park area. Tom Colbert detailed the assessments, explaining the rates, the area covered, the number of parcels affected, consisting of 96, and the 15 year proposed assessment period with an interest rate at 9% for a total amount assessed to be $129,051.42. He noted that Luther Stalland submitted an objection which the Council understood to mean the property on Nicols Road, near the railroad right-of-way, understanding that the property was not developable. Other objections were received from Jerome Utecht and Ellerbe, Inc. Mr. Colbert recommended deleting the Stallana property from the roll until such time as the property is developed. Wachter moved, Egan seconded the motion to close the hearing, to adopt the assessment roll and to authorize the certification to the County for collection of unpaid assessments to be spread over 15 years at 9% interest 3 Council Minutes March 4, 1986 OOOHS with the exception of the Luther Stalland property, to be deleted until the property is developed, and that the assessments then be levied at the rates then in effect. All members voted in favor. WINDTREE 4TH ADDITION - PROJECT #437 - FINAL ASSESSMENT HEARING The next public hearing convened by Mayor Blomquist consisted of Project #437 relating to streets and utilities in Windtree 4th Addition. Mr. Colbert detailed the assessments and there were some questions from residential buyers. Mr. Colbert indicated the assessments are escrowed pending final levy by mortgage companies. There being no objections, Smith moved, Wachter seconded the motion to close the public hearing, approve the final assessment roll for Project #437 and authorize the certification of the assessments to Dakota County for collection of the unpaid assessments. All members voted affirmatively. LEXINGTON PLACE SOUTH - STREET ASSESSMENTS - PROJECT #438 Mayor Blomquist next convened the public hearing regarding Project #438 consisting of the final assessment hearing for Lexington Place South street improvements. Again, the Public Works Director Tom Colbert reviewed with the Council the assessment roll and noted that although the feasibility report proposed that the cost be spread equally on a per lot basis, the final assessment roll was prepared spreading the assessments on a front footage basis in response to the request of the developers affected. There were no objections to the assessments and after discussion and review, Egan moved, Ellison seconded the motion to close the hearing, to approve the final assessment roll for Project #438 and authorize the City Clerk to certify the assessments to the Dakota County Auditor for collection. A representative from Orrin Thompson Homes was present and had questions about assessments against an unplatted portion of the development. All voted yes. ASHBURY ROAD - PROJECT #454 - PUBLIC HEARING Mayor Blomquist convened the public hearing regarding Project #454 consisting of an addendum to Ashbury Road trailway, pond elevation and excavation project improvements. On December 3, 1985, the City Council held a public hearing requesting installation of streets and utilities for Ashbury Road construction from Blackhawk Glen to Blue Cross Road. Certain modifications have been requested through negotiations with Blue Cross/Blue Shield and Sienna Corporation in addition to modifying various pond elevations maximizing the control of water depth and the need to continue the sidewalk trailway from Blackhawk Glen Addition to Blue Cross Road. Mr. Colbert explained to the City Council members and interested property owners present, the proposed changes and Mark Hansen also detailed the revisions for the interested persons. Councilman Smith requested trees be removed before the pond levels are increased. There were other questions by City Council members, primarily regarding the pond levels, but no objections to the project. Smith moved, Wachter seconded the motion to close the public hearing, to approve Project #454 Addendum No. 2 and authorize the preparation of the detailed plans and specifications. All councilmembers voted yes. 4 Council Minutes March 4, 1986 'Q09 KAHN RIDGE - TRUNK STORM SEWER - PROJECT #465 The public hearing concerning Project #465 consisting of trunk storm sewer improvements for Rahn Ridge area was then convened by the Mayor. Mr. Colbert and Mr. Hansen detailed the project, including the proposed improvements to be constructed and the projected assessments. There were no objections to the project, and after discussion, Wachter moved, Egan seconded the motion to close the public hearing and approve Project #465 and authorize the preparation of detailed plans and specifications. All members voted yea. BUROW POND - STORM SEWER OUTLET - PROJECT #452 The next public hearing convened by Mayor Bea Blomquist consisted of Burow Pond storm sewer outlet improvements for Project #452. A petition had been submitted by Loren Spande, the developer of Lot i, Block 1, Cedar Cliff Commercial Park 2nd Addition requesting a feasibility study for the Burow Pond outlet and Mr. Colbert and Mr. Hansen were present to explain the proposed improvements. A public hearing was held on February 4, 1986 at which time the Council received a letter of concern from Federal Land Company, owner of property impacted by the various alignment alternates, objecting to timing and location of the outlet. Several alternates were discussed, including the extra depth for additional cost involved under Alternate 2 as opposed to Alternate 1. Because of concerns about going through the park land and the potential tree loss, Alternate C and D were also prepared which would involve greater expense. Mark Battis, attorney with Federal Land Company, appeared and reviewed two letters of February 4 and February 28, 1986, explaining the objections of Federal Lana Company. He stated it would be premature for Federal Lana property to install the improvements and also the uncertainty of the internal street alignment. He requested the project be deferred. Mr. Colbert stated the concerns by the developer of the Cedar Cliff Commercial Addition and Loren Spande was present, also expressing such concerns regarding the possibility of greatly increased run-off into Burow Pond. After extensive discussion, Smith moved, Egan seconded the motion to close the public hearing and direct the staff to work with the developer to attempt to provide an acceptable alternative, with the understanding that staff will continue to monitor the water level of Burow Pond, noting the possibility that the improvements may be premature at the present time. All councilmembers voted yes. 5 Council Minutes March 4, 1986 0,0070 TOLLEFSON BUILDERS - CONTRACTOR LICENSE SUSPENSION City Administrator Tom Hedges reviewed the background of the proposed revocation of the suspension of contractor's license and the proposed vacation of utility easement for Lot 5, Block 2, Brittany 7th Addition. He noted that at the February 4, 1986 meeting, the City Council held a public hearing regarding the easement vacation, adopted a resolution temporarily denying further building permits and grant of the contractor's license for 1986, it requested notification be given to Tollefson Builders of the council's action, that a preliminary meeting be held with Tollefson Builders and an opportunity for the City staff to compile information and data relative to Tollefson Builders construction issues within the City. Reports had been submitted, both by the chief building inspector and by the Public Works Director and a meeting had been held with Tollefson Builders. The staff report from the City Administrator also was reviewed by the City Council, recommending several courses of action, including no action, suspension of the issuance of building permits and the non-renewal of the contractors license, and agreement regarding future activity within the City or a combination of the recommendations. Glen Nora, attorney, appeared on behalf of Tollefson Builders, as did Carl Tollefson. Mr. Nord denied any improprieties and stated the objective was to overcome any perceived problems. He suggested a continuation for two weeks to allow the staff and Tollefson Builder representatives to meet and attempt to work out a proposed agreement regarding future action. He further stated that Tollefson has directed the grouting be completed within the Brittany 7th Addition, and further requested the vacation hearing be rescheduled. He also asked that the City provide more specific information as to its objections and alleged improprieties by Tollefson. Two members of the Briar Hill Homeowner's Association Board were present and requested that the Council continue to suspend building permit applications because of alleged building construction problems, easement problems and the lack of completion of the bike trail in the Briar Hill area. He further stated that no escrow funds were available when the Homeowners took over the Association. Michael Frank of Norwood Drive stated that water has backed up in his basement. Doug Lee, a purchaser of a Tollefson home, indicated that litigation is pending involving alleged defects in his home built by Tollefson. Sherry Gullett of Norwood Drive, complained about construction improprieties, as aid Dan Dorgan, a Tollefson Builders home buyer on Denmark Trail. Staff recommended that any decision reached by the Council provide adequate reasons for the decision and there was discussion concerning a meeting between the developer and staff scheduled for Friday, March 7, to attempt to prepare a proposed Agreement relating to future action by the City Council. Councilman Egan stated that exceptional and unique circumstances must be shown for the City to withhold any licenses or permits from a builder. Smith moved, Ellison seconded the motion to continue consideration of the suspension of the contractor's license and further building permits by the 6 Council Minutes March 4, 1986 0,'j ' City to Tollefson Builders to allow staff to meet with the developer and any other interested parties with a proposal to be submitted to the Council at its meeting on March 19, 1986 for possible resolution of the issues. All members voted in favor. HONG WONG RESTAURANT - ON-SALE LIQUOR - CONDITIONAL USE PERMIT The application of the Hong Wong Restaurant owners for conditional use permit for an on-sale liquor license at the restaurant in Cedar Cliff Shopping Center again came before the Council. On February 18, 1986, the Council took action to amend the on-sale liquor license policies, to allow for the issuance of two licenses for establishments such as Hong Wong Restaurant located in a commercial shopping center with the building valuation requirement of $200,000.00 being waived. Mr. Hedges noted that the City staff had researched various alternates regarding the issuance of on-sale liquor licenses, and also had renoticed the interested owners and residents in the neighborhood regarding this application. Steve Darling, a neighboring property owner, appeared and stated that less than 40% of the local homeowners had signed the Petition in favor of the application, and also indicated that the owners understood that only a service bar in the kitchen would be provided. He requested that the Council reject the application, based upon the understanding that a commitment had been made by the developer to the City that no on-sale liquor license would be requested in the shopping center. William Lim, the owner of the Hong Wong Restaurant, appeared and stated that there is a large turn-over in the owners of the residences and requested that the Council approve the application. Councilman Smith stated that only one resident appeared in opposition to the application, there had been no problems with the beer and wine licenses issued for the restaurant and generally the neighboring residents and affected persons appeared to be in favor of the application. Smith moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. The necessary permits shall be approved by the City Police Department. 2. All other applicable ordinances shall be adhered to. Those in favor were Smith, Egan and Blomquist; those against were Wachter and Ellison. ON-SALE LIQUOR LICENSE - HONG WONG RESTAURANT The application of Hong Wong Restaurant for on-sale liquor license was then submitted to the Council for its consideration. There were no objections to the application and the applicant was present. Egan moved, Smith seconded the motion to approve the application, subject to compliance with all City ordinance requirements. Those in favor were Egan, Blomquist and Smith; those against were Wachter and Ellison. 7 Council Minutes March 4, 1986 001 72 EAGAN CONVENIENCE CENTER - K. CHARLES DEVELOPMENT CORPORATION PRELIMINARY PLAT AND CONDITIONAL USE PERMIT The application of K. Charles Development Corporation for preliminary plat approval for strip commercial facility, conditional use permit approval for drive-in restaurant facility and pylon sign approval, was brought to the Council for review. Dale Runkle explained the application and noted that the public hearing was held by the Advisory Planning Commission at its meeting on January 28, 1986 recommending approval, subject to certain conditions. The City Council, at its meeting on February 18, 1986, had concerns about the overall development of the property to the south and to the east and access to the various parcels. A plan was submitted by the developer, including access points from Duckwood Drive and Krestwood Lane, prior to the Council meeting. Mayor Blomquist was concerned that the staff and the developer had not addressed access to the outlot to the south of the subject property and Mr. Colbert discussed the impact of the access locations on the specific plan as being proposed. Councilman Smith also stated that there had been no plan provided as requested at the last meeting, showing interior traffic patterns to the east. Chip Glazier, president of K. Charles Development Corporation, was present as was Ken Applebaum who stated he was uncertain as to how the property to the east would be developed. He also indicated that the owners will work out a cross easement and access between the two parcels and stated that the property to the east would not be developed in a piecemeal fashion. There were also concerns about parking and access space, including snow storage on the south side of the shopping center, and it was noted that the parking would be for employees only. After considerable discussion, Ellison moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. The development shall be approved, subject to implementation of all the access points from Duckwood Drive on the most recent drawings submitted. 2. A common access easement shall be provided, acceptable to the City, between the K. Charles property and the property to the east. 3. Traffic circulation and parking stall site plan must be approved by the Engineering Department prior to final plat approval. 4. The applicant shall provide adequate traffic direction signs. 5. This development shall be responsible for extending the existing storm sewer from Krestwood Lane to its east line. 6. This development shall be responsible for working with the development across the street to line up their respective accesses onto Krestwood Lane. 7. Only one access shall be allowed onto Krestwood Lane for the outlot. 8 Council Minutes y"0~ 3 March 4, 1986 8. Cross easements shall be provided by the applicant so that both the developed lot and future outlot can share one access onto Krestwood Lane. 9. This development shall dedicate,40 foot and 30 foot half right-of-ways for Duckwood Drive and Krestwood Lane respectively. 10. This development shall be responsible for trunk storm sewer area assessments at the rates in effect at the time of final platting. 11. The pylon sign shall be located 10 feet within the property line and subject to the one time sign ordinance fee of $2.50 per square foot. 12. A detailed landscape plan on the proposed grading plan shall be submitted demonstrating suitable screening and berming of the parking areas. 13. An easement shall be created between Lot I and the Outlot to provide road access between the two parcels at the time the outlot is developed. All voted in favor. SEE PLAT FILE AIRCO INDUSTRIAL GASES - CONDITIONAL USE PERMIT The application of Airco Industrial Gases for conditional use permit to allow above-ground liquid storage tanks on Lot 5 of Imre Addition, west of Trunk Highway #149 and north of Trunk Highway #55 was considered by the Council. The Advisory Planning Commission initially recommended denial of the application, but at its meeting on February 25, 1986, the Commission recommended approval, subject to certain conditions. The City Council, at its meeting on February 18, 1986 reviewed the application and noted changes and requested further review by the APC. Dale Runkle introduced the proposal and the applicant was present. The proposal was for two 50 ton tanks of 9 feet in height, noting that it would be a distribution system only. Formerly, the applicant had planned 250 ton tanks. There were no objections and Egan moved, Wachter seconded the motion to approve the application, subject to the following conditions: 1. A detailed landscape plan shall be submitted to bring the area into compliance with City Code. Screening shall be encouraged to lessen the impact of the two tanks. All voted in favor. Councilman Wachter was excused from the meeting at this time. 9 Council Minutes March 4, 1986 07 JOHNSON-REILAND CONSTRUCTION - SIDE YARD SETBACK VARIANCE The application of Johnson-Reiland Construction Co. for 15 foot side yard setback on an estate zoned lot, Block 1, Lot 5, Oak Chase 5th Addition, came to the Council. Dale Runkle briefly explained the application and Dave Banaszewski, a neighboring property owner appeared and initially objected to the variance, noting that his residence complied with the setback and objected to the variance. Dave Johnson, the contractor, appeared and stated that the reason for the setback is that there is a family room on the garage side and because the lot is extremely large, it should present no problem, due to the variance. Mr. Banaszewski withdrew his objection and Egan moved, Ellison seconded the motion to approve the application, subject to compliance with all other City ordinances. All voted yea. EPPEN - SPECIAL PERMIT - NURSERY SCHOOL An application of Burton and Mayone Eppen for special permit to allow a nursery school for no more than 10 students, located at 1658 Woodgate Lane, came to the Council. The applicant had requested a continuance. Egan moved, Ellison seconded the motion to continue the application to the March 19, 1986 meeting. All voted affirmatively. LAUKKA-BECK - WAIVER OF PLAT SPLIT The application of Laukka-Beck of Eagan for waiver of plat to split Outlot F in the Lone Oak Addition was brought to the Council for its review. The Advisory Planning Commission, at its meeting on February 25, 1986 considered the application for waiver of plat in order to donate a parcel 150 feet by 550 feet to Trinity Lone Oak Lutheran Church on Highway #55. The APC recommended approval. Warren Beck was present and there were no objections. Smith moved, Egan seconded the motion to approve the application, subject to compliance with necessary City requirements. All voted in favor. R 86-7 PARKS DEDICATION ORDINANCE REVIEW Tom Hedges again reviewed with the City Council a detailed report prepared by Ken Vraa, Director of Parks and Recreation, dated February 4, 1986 relating to the Parks Dedication Ordinance. It included background, the current state of the law regarding park dedication, and the current City Code. In addition, there were proposals for revision to the Code, including procedures and method of determining the dedication of land and fee dedication, and it was suggested that stronger wording be included in the Code to define the formula for parks dedication. There was discussion of specific recommendations and no action was taken, but there was general consensus that the concepts presented were favorable and that the staff should continue to review the proposed changes to the City Code. 10 Council Minutes March 4, 1986 0 W45 ASHBURY ROAD - STREETS AND UTILITIES - CONTRACT #86-3 The bids concerning street and utility improvements for Ashbury Road under City Contract #86-3, Project #454, were received on February 28, 1986. There was discussion concerning the grant of the contract to the low bidder, Richard Knutson, Inc. with the low bid of $65,746.20, noting that the City had been involved in two arbitration disputes in recent years with Richard Knutson. The staff recommended approval and emphasized the need to continually monitor the project, the fact that the developer will be bonded and additional inspection will be provided. Egan moved, Ellison seconded the motion to accept the low bid and award the contract to Richard Knutson, Inc. All voted yes. SEWER JETTER & VACUUM PUMP - MAINTENANCE EQUIPMENT Bids were received for the purchase of the sewer fetter and vacuum pump on February 20, 1986 and the staff recommended that the second low bidder for each of the pieces of equipment be approved. He noted that MacQueen Equipment, Inc. did not meet the specifications in five specific areas relating to the equipment and recommended Flexible Pipe Tool Company be awarded both contracts. Egan moved, Ellison seconded the motion to approve the bid of Flexible Pipe Tool Company for the trailer mount vacuum sewer inductor in the bid amount of $22,986.00 and the truck mounted high velocity sewer fetter in the bid amount of $56,735.00. It was noted that Flexible Pipe Tool Company was the only bidder on the sewer fetter. All members voted yes. DEERWOOD DRIVE FRONTAGE ROAD & I-35E - STREET NAME DESIGNATION A request had been made by Leo Murphy and Mr. Ed Dunn regarding the street name designation for the frontage road along 1-35E and Deerwood Drive and staff recommended continuance of the decision. Egan moved, Ellison seconded the motion to approve and implement the recommendation. All voted yes. COLLECTIVE BARGAINING CONTRACTS City Administrator Tom Hedges presented to the Council the current proposals for approval of collective bargaining contracts for City employees. counter proposal from Local #320 representing the Public Works and Park Maintenance employees for a 4% wage increase in 1986 and a 4% wage increase in 1987 was submitted and recommended to be approved. In addition, he indicated that a reply had been received from the Police Dispatcher unit and recommended approval of the contract. Smith moved, Egan seconded the motion to approve the two-year contract with Local #320 representing the Public Works and Park Maintenance employees for the years 1986 and 1987 and also approve the contract for Local #320 representing Police Dispatchers as presented to the City. All voted in favor. 11 Council Minutes March 4, 1986 , Q :k! 6 BRAD RAGAN TIRE COMPANY - NICOLS ROAD A letter was received by the City from. Mr. & Mrs. Ramnarine and Mr. and Mrs. Lester Spencer, neighboring owners to the Brad Ragan Tire Company on Nicols Road, objecting to the outside storage of tires, barrels, etc. on the Brad Ragan property. A conditional use permit for outside storage was originally issued to Zeco Corporation in June of 1981 for the storage of rental equipment and machinery. About two years ago, Brad Ragan Tire and Field Maintenance Companies took over occupancy of the property and City Administrator Dale Runkle 'indicated that a member of the planning staff had met with representatives of Brad Ragan Tire to review the outside storage problems. Mr. McCormick of Brad Ragan Tire was present at the City Council meeting. Mr. Runkle suggested landscaping on the northerly slope and clean up of the property generally by Spring of 1986. Councilman Smith moved, Egan seconded the motion to instruct the staff to investigate the complaint further and to submit the proposed agreement to be entered into with Brad Ragan Tire covering the resolution of the problem and further to notify the complaining neighbors of the progress on the resolution of the problem. All voted in favor. IMPROVEMENT PROJECT #428 - CEDAR INDUSTRIAL PARK - STORM SEWER Tom Colbert again discussed with the City Council an objection that was submitted by Jerome Utecht, an owner of property on Highway #13 and also from Luther Stalland, regarding Project #428. He noted that the Stalland, property in question was not the property on Nicols Road, but rather a parcel of property running south from Highway #13. It was further noted that Mr. Utecht may qualify for senior citizen deferral of assessments, and upon motion by Egan, seconded Smith, it was resolved that staff be directed to contact Luther Stalland concerning his objections and in the event that he continues to object to the assessments, that the staff be authorized to hire an appraiser to determine the benefit to the property and to continue the hearing in respect to the Stalland property; in the event, however, that Mr. Stalland chooses not to appeal the assessment, that the Stalland property assessments be certified to the County Auditor for collection. All voted yes. PUREX CORPORATION Tom Hedges discussed with the City Council an informal request by the Purex Corporation for outside storage of chlorine on the Purex site in the Eagandale Center Industrial Park. He noted that Purex has been located on that site since 1972 and an expansion facility including the storage of chlorine has now been informally proposed. Council directed the staff to acquire greater details regarding the proposed facility and report to the City Council. 12 Council Minutes March 4, 1986 0077 GUN CLUB LAKE WATERSHED DISTRICT APPOINTMENTS Councilman Smith brought before the Council his proposal to vote'to reconsider the appointment of the Gun Club Lake Watershed District members which were appointed by the Council at the last regular meeting. Upon motion by Smith, seconded Egan, it was resolved that the Council reconsider and withdraw all appointments previously made by the City Council to the Gun Club Lake Watershed District Board from the City of Eagan, including Steve Galligan, Michael Beard and Tom Colbert, Mr. Smith indicated that one of the reasons was that he felt that a letter to the editor by Mr. Beard, criticizing council members, was inappropriate and determined that the Council ought to reconsider the appointment, noting also that Mr. Galligan did not have an interest in the appointment; further that the City Council reschedule the appointments for the next regular City Council meeting on March 19, 1986. Those in favor were Smith, Egan and Blomquist; against was Ellison. CEDAR GROVE STREET IMPROVEMENTS Councilman Smith stated that he has noticed the cracks that have developed on the newly constructed streets within the Cedar Grove subdivision and requested the staff investigate the current status of the recent street improvements. O'NEIL VS. CITY OF EAGAN Tom Hedges and Paul Hauge reported on a meeting held, including representatives of Robert O'Neil and of the City, at the Eagan Municipal Center on February 19, 1986 in an attempt to discuss a potential resolution of the O'Neil action against the City. In addition, the Councilmembers discussed the suggestion to Mr. O'Neil that he drop the lawsuit that was brought against the City for a stipulated period of time to allow the Planning Commission and Council to proceed with the Comp Guide process, including commercial property. After considerable discussion, Egan moved, Blomquist seconded the motion to direct the staff to contact the representatives of Mr. O'Neil and propose that Mr. O'Neil dismiss his action without prejudice allowing the action to be recommenced at a later time; that the Council direct its staff and consulting planner to proceed with the study covering miscellaneous parcels proposed to be revised, including commercial property and that of the O'Neil property; that any further action by Mr. O'Neil be delayed for at least 160 days to allow the City to complete the Comprehensive Guide process, and further, that each party be directed to withdraw any claims without prejudice until the expiration of the 160 day period. All members voted yes. CHECKLIST Upon motion by Ellison, seconded Egan, it'was resolved that the following checklist dated March 4, 1986 in the amount of $235,869.35 be approved. All voted yes. 13 Council Minutes March 4, 1986 007S ADJOURNMENT Upon motion duly made and seconded, the meeting was adjourned at 12:25 p.m. All voted yes. PHH X~ft J) tA Ci lerk 14