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04/01/1986 - City Council Regular (.Oi-57 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA APRIL 1, 1986 A regular meeting of the Eagan City Council was held on Tuesday, April 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 Hedges, Assistant City Engineer Hefti, Consulting Engineers Bob Rosene, City Planner Runkle and City Attorney Hauge. AGENDA Wachter moved, Egan seconded the motion to approve the agenda. All voted in favor. MINUTES Ellison moved, Egan seconded the motion to approve the minutes of the regular meeting of March 19, 1986, including the Resolution dated March 19, 1986 regarding the Tom Thumb Food Market and Federal Lana Company application for conditional use permit for gasoline pumps in Bicentennial Addition. All councilmembers voted in favor. PUBLIC WORKS DEPARTMENT Thomas Walisch, 1270 Vilamark Drive. Tom Hedges discussed certain complaints from Mr. Tom Walisch, a resident at 1270 Vilamark Drive, concerning alleged damage to shrubs and bushes located within public right-of-way as a result of the City snow removal operation. He stated that the Public Works Director and other representatives from the City street department have been in contact with Mr. Walisch from time to time and have relayed the policy regarding trees and shrubs within public right-of-way and any potential damage would not be the responsibility of the City. Any shrubs and trees located on private property could be compensated for if the owner can document such damage due to City maintenance work. Mr. Walisch was present and stated that the problem has gone on for a number of years and requested that the City change its method of plowing in his cul-de-sac. Street Supervisor Arnie Erhart was present and also explained to the City Council the action that the maintenance crews take regarding the use of wing plows in cul-de-sacs. 1 Council Minutes April 1, 1986 ; O_ -1 Councilmember Wachter stated that the policy of the Council is to save the existing trees and shrubs but also there needs to be some allowance for adequate plowing procedures. Councilman Egan stated the snow removal policy should be more precise and Mr. Waiisch requested that the City plow closer, pile the snow in various locations and not use the wing plow. No formal action was taken. MAINTENANCE DEPARTMENT TRACTOR Mr. Hedges reviewed with the City Council a memo from Tom Colbert, the Director of Public Works, dated March 24, 1986 recommending that the Council approve the purchase of a mowing tractor for the street maintenance division. He mentioned that extensive research has taken place regarding the needs of the City and made certain recommendations, including the retrofitting of Unit #126 and the acquisition of a new Toro Groundsmaster. The financing for the maintenance tractor was also reviewed and Smith moved, Wachter seconded the motion to approve the recommendation for the purchase of the new maintenance tractor for the Public Works and Street Department, utilizing the financing method proposed by the staff. All voted in favor. CONSENT AGENDA The following consent agenda items were presented to the Council for recommendation and approval: 1. Contractor's Licenses. The schedule of contractor's licenses was attached to the packet and it was recommended that the licenses be issued. 2. Personnel Items - Part-Time Dispatcher. JoAnn Arbour has submitted her resignation effective May 2, 1986 and it was suggested that the Council accept the resignation effective May 2, 1986 and authorize the hiring of a replacement to commence duty as soon as possible. 3. Special Assessment Projects #381 and #447 - Willard Berfelz. A special assessment agreement for Willard Berfelz under Projects #381 and #447 was recommended for approval by the staff with the property location at 3285 Doda Road. 4. Pilot Knob Road - Project #473 - Feasibility Report. It was recommended that the Council authorize the preparation of a feasibility report for Project #473 for Pilot Knob Road trunk storm sewer outlets for the pond south of St. John Neumann Church through Hilltop Estates into Patrick Eagan Park, to pick up the drainage from the major portion of Pilot Knob Road and Deerwood Drive construction in 1986. 2 Council Minutes April 1, 1986 5. Lexington Place South Addition - Easement Vacation. A petition was received from Mark Parranto, the developer of Lexington Place South Addition, requesting the vacation of existing underlying drainage, utility and ponding easements over Outlot A of the 1st Addition and it was recommended that the Petition be received and a public hearing be scheduled for May 6, 1986 at 7:00 p.m. at the Eagan Municipal Center. 6. Dallas Development 1st Addition - Final Plat. The application of Dallas Development Company for the approval of the final plat of Dallas Development 1st Addition came before the Council and it was recommended that the application be approved and authorize the Mayor and City Clerk to execute the related documents, subject to compliance with all City requirements. R 86-16 7. Deerwood School 1st Addition - Final Plat. The application of I.S.D. #196 for final plat approval of Deerwood School 1st Addition located south of Deerwooa Drive and east of I-35E was brought to the Council. It was recommended that the application be approved, subject to compliance with City Ordinance requirements. R 86-17 8. Pond LP-55 - Storm Sewer Outlet - Project #448R. Council directed the staff to prepare a proposed subdivision layout to the Klingbiel property at a public hearing on December 3, 1985 regarding Ponds LP-55 and LP-55A and it was recommended the report now be received and a public hearing be scheduled for May 6, 1986 at 7:00 p.m. at the Eagan Municipal Center. Upon motion by Egan, seconded Smith, it was resolved that the consent agenda items as presented, be approved as recommended. All councilmembers voted affirmatively. LONE OAK ADDITION - VACATION OF UTILITY EASEMENT - OUTLOT F Mayor Blomquist convened the public hearing regarding the vacation of utility and drainage easements for Outlot F, Lone Oak Addition. The staff recommended a continuance, in that the developer had not submitted the necessary descriptions for the replacement easements. Upon motion by Wachter, seconded Egan, it was resolved that the hearing be continued until May 6, 1986 at 7:00 p.m. at the City Hall. All voted yes. CEDAR INDUSTRIAL PARK - TRUNK STORM SEWER - PROJECT #428 The final assessment hearing regarding Cedar Industrial Park trunk storm sewer under Project #428 was next convened by the Mayor. It was noted that a written objection has been received from Luther Stalland, mistakenly indicating that the parcel owned by him on Nicols Road, was the subject of the assessment, but it was later discovered that it was a parcel on Highway #13 near the south side of Highway #13. The Public Works Director had spoken with Mr. Stalland and no determination as to whether an appeal had been made. An explanation of the proposed assessment was given and upon motion by Wachter, seconded Egan, it was resolved that the public hearing be closed and the final assessment roll be approved under Project #428. All voted yes. 3 Council Minutes April 1, 1986 BRAD RAGAN TIRE CO. - CONDITIONAL USE PERMIT Tom Hedges reviewed with the Council certain complaints from neighbors of the Brad Ragan Tire Company location on Highway #13 regarding outside storage. He noted that meetings had been held between staff and representatives of Brad Ragan and a report was submitted by the planning department regarding the proposals to rectify the outside storage problem. Mr. McCormick of Brad Ragan Tire was present and indicated that they will cooperate in complying with the staff's recommendations. BlOmquist moved, Egan seconded the motion to approve the final agreement proposed between the City staff and Brad Ragan Tire Company as presented to the Council, subject however, to specific comments from any of the neighbors who were not present at the time the matter was heard. All voted yea. RESIDENCY INN - COMPREHENSIVE PLAN AMENDMENT City Administrator Tom Hedges briefly discussed with the City Council the recommendation of the Advisory Planning Commission that a public hearing be scheduled regarding the Comprehensive Plan amendment for the proposed Residency Inn Hotel at Lone Oak Road and I-35E. Tom Davis of Northwestern Mutual Insurance Company was present and had no objections. Egan moved, Wachter seconded the motion to defer any further action regarding the preliminary plat and Comprehensive Guide Plan amendment for the Residency Inn Hotel until the Planning Commission had made a recommendation to the City Council. All voted yes. RESIDENCY INN HOTEL - FEASIBILITY REPORT A request had been made by Northwestern Mutual Life Insurance Company and the Residency Inn for a feasibility report for utility and street improvements for the proposed Residency Inn, noting that a guaranty had been made covering all costs, and further, that the developer would waive all procedural requirements. Egan moved, Ellison seconded the motion to accept the request and to order a feasibility report for the improvements with the understanding that a guarantee will be made by the developer for payment of any costs covering the feasibility report. All members voted in favor. DALLAS DEVELOPMENT 1ST ADDITION Mr. Hedges stated that Dallas Development Company had requested that the Council approve the building permit for the Dallas Development 1st Addition, although the hard shells had not been submitted by the developer. A representative of Dallas Development was present and it was noted that the hard shells would be submitted for approval within 30 days of the date of the Council meeting. Wachter moved, Smith seconded the motion to approve the request of Dallas Development with the understanding that it will not constitute a waiver, and further that in the event that all City requirements regarding the final plat have not been complied with within 30 days of the date of the City Council approval, that the City will then stop any further construction on the project. All members voted in favor. 4 Council Minutes April 1, 1986 HOMEBUYER'S BOND PROGRAM Representatives to discuss the proposed $7,500,000 First Time Homebuyer's Bond Program were not present, and upon motion by Egan, seconded Smith, it was resolved that consideration of the program be deferred until later in the meeting. All voted yea. CITIZEN'S-RESOLUTION - PEACE TO NICARAGUA I A request was made by Paul Chellsen of 2074 Marble Lane, that the City Council adopt a Resolution requesting Congress to deny any further payments for the Nicaraguan Contras. City Administrator Hedges stated that Chellsen, requested that it be placed on the agenda and suggested that the issue could be discussed in more detail at a later time. Mr. Chellsen was present and requested that the issue be discussed in more detail at a later council meeting. Dan Parker, a resident of Eagan, disagreed generally with the proposed Resolution and stated that he had been an 18 year active duty Veteran. John Gustin, an Eagan resident, also opposed the Resolution and Michael Alberts stated the Council should be very cautious in adopting such a Resolution. Marilyn Wille supported the Resolution. Mayor Blomquist disclosed that she had received several telephone calls opposing the concept and noted that any person is free to appear before the Council, but that present policy dictates that the Council is not in a position to adopt resolutions regarding international issues. Councilman Egan recommended that such resolution be deferred to elected persons in Congress and Councilman Ellison stated the issue is beyond the purview of the Council and recommended a meeting be scheduled at the Dakota County Library for further discussion, if Mr. Chellsen wishes to do so. Councilman Wachter mentioned that there is no expression from the councilmembers for or against the issue and Councilman Smith stated that possibly at some time the Council may want to act on national issues if it appears to be appropriate and adequate facts have been presented. Wachter moved, Egan seconded the motion that no action be taken by the Council because of the reasons described above, and the fact that the current position of the Eagan City Council is that it will not react to national issues, other than those that specifically relate to City affairs. All members voted in favor. PROPOSED 1986 FIRST TIME HOMEBUYER'S HOUSING BOND PROGRAM Tom Hedges stated that during 1985, authorization was given to the Dakota County HRA to submit an application into the state-wide lottery for the purpose of selling single family housing bonds that will provide mortgages for first-time homebuyers. Eagan's application was selected as the third application and that approximately $10,000,000 will be available for the program. Paul Ekholm of Miller a Schroeder and Mark Ulfers, the Dakota HRA Director, were present. Mr. Ulfers stated the HRA is proceeding with the Bond issue and a proposal is being made for a Joint Powers Agreement with East 5 Council Minutes April 1, 1986 0112 Grand Forks and Cottage Grove, the other two successful lottery winners. The reason for the Joint Powers Agreement would be that it would reduce expenses and further, that the proceeds could be used by other cities if the demand does not utilize all available funds in one city. Mr. Ekholm described the technique for issuance of the bonds and the proposal being made that a portion of the prospective homebuyers costs, which would be approximately 4.5 points could be reduced by raising $200,000 to $300,000 by the sale of bonds secured by the residuals from the 1980 Eagan single family program that could reduce the points to approximately 1.5 to 2.5 points. Maturity dates would be up to 30 years on the bonds and would be subject to prior call. Any default in another City should not affect the Eagan bond issue. Mr. Ulfers stated that even without the incentive to reduce the points, the program should still be attractive to homebuyers because they should be below the current rates for other loans. In effect, it simply reduces the cost to the buyer, which makes the loans more attractive for buyers who are not able to make large down payments at the time of the purchase of the homes. There was a question about the maximum amount of issue for any one development, and it was suggested that the guidelines provide for a limitation for each development. Smith moved, Egan seconded the motion to approve the use of the residuals of up to $300,000.00 from the 1980 Eagan Single Family Bond Program, with the understanding that the amount be determined on the basis of lowering the points to no more than 1.5 and further, that the guidelines will be presented at a later time. Mr. Ekholm stated that if the residuals were not used at this time, they would be paid to the City at the time of maturity of the bonds, and in effect, the City would be borrowing against the residuals at the present time. Councilman Ellison favored the program, but did not favor borrowing against the residuals and noted it would still be an attractive program. Councilman Smith indicated that without the residuals, it would be difficult for first- time homebuyers to qualify because of the down payment and Councilman Ellison suggested structuring a second mortgage for the closing points. Those in favor were Blomquist, Egan, Wachter and Smith; Ellison voted no. PURER-DIAL CORPORATION - CONDITIONAL USE PERMIT The application of Purex - Dial Corporation for conditional use permit for outside storage of chlorine was brought before the Council. The Advisory Planning Commission at its regular meetings on February 25 and March 25, 1986, considered the application and recommended approval, subject to conditions. Dale Runkle detailed the application and noted that the staff had researched certain questions asked by Planning Commission members, including whether the proposal would fit within the I-i category. He described the rail access, availability, and the past history of the business in St. Paul. Warren Spannaus, Attorney, appeared on behalf of the applicant and introduced William Fenlon and William Nicholson from Dial Corporation. 6 Council Minutes April 1, 1986 '01-113 Mayor Blomquist was concerned about safety issues and also had a question about the depressed area where the rail car would be located. It was noted currently Dial Corporation is a subsidiary of Greyhound Corporation, with Purex being a subsidiary of Dial. The plant has been located in St. Paul for about 45 years and in Eagan since 1972. Mr. Fenlon stated that the plant is landlocked at the Robert Street location and it cannot be expanded. Mr. Nicholson described the safety features, including the backup safety program and the chlorine manual that Dial Corporation presents to all of its employees, and further noted that sensors will be used in the Eagan plant. They are currently being used in certain plants around the country as a state- of-the-art safety measure. Councilman Wachter recommended a performance bond to cover potential accidents and Mr. Spannaus stated that the bond is intended to indemnify someone who may be injured but it is very hard to identify the person who would be harmed. The cost would be prohibitive and it would not be customary in the business according to Mr. Spannaus. Wachter continued that he had concerns about the potential dangers and Mayor Blomquist noted that the Right-to-Know Law is intended to help to assist employees being exposed to such products as chlorine. Mr. Nicholson stated that Dial Corporation is self insured for up to $2.5 million with an umbrella policy above that amount. Councilman Ellison moved, Egan seconded the motion to approve the application, according to the following recommendations: 1. All permits shall be acquired from applicable agencies. 2. No gaseous material shall be emitted. 3. No odors shall be emitted. 4. There shall be no significant noise. 5. There shall be no effluent. 6. There shall be no by-product to the process. 7. The process is being conducted in Light Industrial settings in other cities. 8. The process shall be non-explosive. 9. If a leak develops, it shall escape as gas and shall not cause ground contamination. 10. Detection devices are present in the storage area as well as inside the building and chlorine is highly detectable in low concentrations and regulated by OSHA. 11. Small tanks of chlorine are located throughout the City for water treatment. 7 Council Minutes April 1, 1986 14 12. The use is not any more dangerous than anhydrous ammonia used on farms or chemicals used by one or more other neighboring businesses. 13. In the event that any spill or accident occurs, the applicant shall notify the City immediately of such spillage or accident and will state what measures are being taken to rectify the accident, spillage or emission. All voted in favor except Wachter who voted no, because of the concerns about safety issues. LEXINGTON PLACE SOUTH 3RD ADDITION - PRELIMINARY PLAT The application of Frontier Homes for preliminary plat approval for ten (10) single family lots on 5.63 acres for Lexington Place South 3rd Addition, came before the Council for its consideration. The Advisory Planning Commission considered the-application at its February 25, and March 25, 1986 meetings, and recommended approval, subject to certain conditions. Dale Runkle indicated that the Parks Commission presumably will make its final recommendation on April 3 and indicated that one question was whether the proposal covered the intent of the planned development. Mark Parranto was present and Councilman Wachter asked whether the snow storage problem may develop at the lot closest to the major street, Blue Jay Way, and recommended turning the driveway around to the opposite side of the lot. Mr. Parranto agreed to pay for the proposed trail and agreed with all the recommendations submitted by the City. Egan moved, Wachter seconded the motion to approve the application, subject to the following: 1. All Park Committee recommendations shall be complied with. 2. The minimum basement elevations shall be 899.3 feet for Lots I through 6 and 897.5 feet for Lots 7 through 10 in order to suit the necessary freeboard requirements. 3. This development shall loop the water main from Blue Jay Way to the existing water main on the north end of Lot 4. 4. This development shall be responsible for complying with all standard City engineering requirements that are applicable. 5. This development shall dedicate a 20 foot utility easement over the water main not located within such right-of-way. 6. This development shall be responsible for lateral street assessments for Lexington Avenue at one-fourth the residential rate in effect at the time of final platting. 7. The Planned Development Agreement shall be amended to provide for the change in the plan including an amendment to the Planned Development if required. 8. Outlot B shall provide a trail easement to the south. 8 Council Minutes April 1, 1986 9. The developer shall be responsible for the trailway segment along Lexington Avenue, including Outlot B and the area south of this development. 10. The plat shall be subject to a cash Parks Dedication fee. it. Each house shall be designed so that no further variances will be required. All members voted yes. SEE PLAT FILE SUN CLIFF FOURTH ADDITION - VARIANCE An application from Wesley Construction for a 2 foot side yard variance for Lot 5, Block 3, Sun Cliff 4th Addition, was presented to the Council for its review. Council concerns dealt with whether the Council had prohibited variances in the subdivision because of the narrow lots. Egan moved, Blomquist seconded the motion to continue the application and direct the staff to check the conditions of the approval of the 4th Addition, and also the reason for the prior variance allowed in the same general area. No representative of the applicant was present. All members voted in favor. JOSEPH STEININGER - SPECIAL PERMIT - MOBILE HOME A request from Joseph Steininger of 670 Lone Oak Road for special permit to allow temporary parking of a mobile home on his property came before the Council. The trailer is intended to be on the site from April 15 to October 31, 1986 to house summer helpers for Steininger Construction. Smith moved, Egan seconded the motion to approve the application with the understanding that it be permitted for no longer than one year from time of approval and that pumping arrangements shall be detailed by the applicant and approved by the staff. All voted yea. SPLASHLAND WATER PARK - PRELIMINARY PLAT EXTENSION The application of Tom Webster for preliminary plat extension for proposed Splashland Water Park, south of Diffley Road was submitted to the Council for its review. Mr. Webster was present and Tom Hedges described the request for one year extension. Mr. Webster stated that he is hoping to acquire financing fairly soon. Smith moved, Wachter seconded the motion to approve the request. All voted in favor. OSMAN SHRINE GAMBLING LICENSE The application of Osman Shrine Temple gambling license for puiltabs, raffle and bingo as a Class A license was presented to the Council. Morrie Will, Lobbyist and member of the Shrine, appeared and described the proposal. He noted that the law will change as of June 1, 1986, reducing the amount of stakes that would be permitted. Michael Wilk, the Potentate of the Shrine was also present and described the proposed gambling intended to be conducted at 9 Council Minutes April 1, 1986 € 0116 the Lost Spur. Strict enforcement is intended and the general public will not be allowed on the property unless a guest of the member, and it was noted that the applicant will be required to generally comply with changes in the gambling law in 1986. Smith moved, Egan seconded the motion to approve the application on the condition that it comply with all State gambling license law requirements. It was noted the Council had been concerned about pulitab applications for license in one of the on-sale liquor establishments, and at that time the Council turned down the application because of the uncertainty as to the conduct of the operation. All members voted yes except Wachter who voted against. MAINTENANCE FACILITY EXPANSION - CONTRACT #85-21 Tom Hedges introduced architect Jack Boarman who has been hired to do the plans for the City maintenance facility expansion remodeling. A letter dated April 1, 1986 from Mr. Boarman was presented and there were concerns about the level of some of the estimated costs exceeding the original estimated costs. He indicated that his firm is about 35% through the detailed plan preparation and reviewed certain alternates with the City council members. He noted that the estimates for mechanical and electrical have increased fairly substantially and suggested certain equipment not be bid, removal of one bay, and minimizing the interior reconstruction. Smith moved, Egan seconded the motion to confirm the budget of $1.5 million for the project to approve the design development documents and that alternates be reviewed, but that the recommendations be returned to the City Council for approval at the time of 80% completion of the working drawings, at which time more refined costs will be submitted to the Council for its approval. All voted in favor. COUNCIL MEETING CASSETTE RECORDINGS Tom Hedges stated that at this point there had been no request from any interested party for a copy of any of the Council cassettes and he further noted that at times there may have been a portion of City Council meetings that may have been inadvertently missed during the recording process. TOLLEFSON BUILDERS, INC. - STIPULATION AGREEMENT At the March 19, 1986 Council meeting, the councilmembers approved the concept Stipulation Agreement between Tollefson Builders and the City regarding the issuance of building permits and contractor's license. Several minor corrections have now been completed by Tom Colbert and Paul Hauge and it was recommended that a period of two years would be sufficient to insure that the present unresolved issues and requirements of the Brittany 9th Addition could be resolved. Carl Tollefson was present and upon motion by Egan, seconded Ellison, it was resolved that the expiration date for the Stipulation Agreement be determined at two years, according to the provisions of the Agreement. All voted in favor. 10 Council Minutes April 1, 1986 x.1.'7 TEMPORARY ADVERTISING SIGNS POLICY The City Protective Inspections Department has submitted some proposed guidelines for policy for temporary advertising signs and a number of alternates were discussed, including two signs for each development off premises and one on the premises. Councilman Ellison suggested that one sign be permitted at each intersection which would include several developers on one standard with each developer potentially being able to place a sign on more than one standard. After discussion, Smith moved, Wachter seconded the motion to continue consideration of the policy with the request that staff review the proposal and prepare and submit guidelines regarding locations, sizes, costs, colors priorities and users to the City Council for later consideration. All voted yea. 1-494 CORRIDOR STUDY A proposal from the Metropolitan Council regarding a study of the 1-494 corridor was presented and Rich Hefti briefly explained the proposal to the City Council. After discussion, Blomquist moved, Wachter seconded the motion to deny any further participation by the City in the 1-494 corridor study, noting that it did not appear to have a direct impact upon the City, particularly in light of the recent construction of 1-494 through the City, but that the staff continue to monitor the progress of the study. All voted affirmatively. DEERWOOD DRIVE - CONTRACT #86-6 Plans and specifications for Contract #86-6 consisting of the Deerwood Drive streets and utility improvements were presented and it was recommended they be approved. Bob Rosene presented the plans to the Council and noted that the State Aid office had approved the plans. Mr. Hedges stressed the importance of providing and implementing exact time schedules for the east- west street construction during 1986. Egan moved, Wachter seconded the motion that the staff prepare a time schedule for all east-west roads being proposed to be constructed in 1986. All voted in favor. Wachter then moved, Egan seconded the motion to approve the plans and specifications for Contract #86-6 and authorize the Clerk to advertise for bids to be opened at 10:30 a.m. on Friday, May 2, 1986 at City Hall. All voted in favor. EAGANDALE INDUSTRIAL PARK - CONTRACT #86-10 Plans and specifications for the Eagandale Industrial Park storm sewer under Contract #86-10 were presented and it was recommended that they be approved. Egan moved, Ellison seconded the motion to approve the plans and specifications for the storm sewer project under Contract #86-10 and authorize the bids to be opened on May 1, 1986 at 10:30 a.m. at the Eagan Municipal Center. All voted yes. 11 Council Minutes April 1, 1986 r , s ECONOMIC DEVELOPMENT POLICY A suggested policy for processing new and proposed development and special projects regarding elected officials and staff members meetings and conferences with developers was submitted for review and approval by the Council. Several changes were suggested and upon motion by Smith, seconded Egan, it was resolved that the policy for processing new and proposed development of special projects be approved and implemented as amended. All voted in favor. AIRPORT NOISE POSITION PAPER A draft position paper on airport noise, including input from several cities in Dakota County and the City of Savage, was brought before the Council for its review. The position paper includes the points presented by Mayor Blomquist and representative Seaberg in a workshop session held early in February. There was discussion concerning paragraph XI regarding cost of buy- out of homes by MAC and it was recommended that it be stricken. Wachter moved, Ellison seconded the motion to approve the draft position paper and delete paragraph XI. All voted yes. LILLIAN McCARTHY - PROJECT #411 A letter from Dave Keller of the City Attorney's office relating to a request by the attorney for Mrs. McCarthy regarding the special assessment appeal relating to storm sewer improvements for her property on Lexington Avenue, was brought to the Council. Noting the relatively small amount of the assessments, upon motion by Smith, seconded Wachter to resolve that the assessments be deferred, subject to the entry into an agreement between the City and Mrs. McCarthy relating to the assessments. All voted in favor. DAROLD HOLDEN - ASSESSMENT APPEAL - PROJECT #317 A request was submitted by Arnold Kempe, the attorney for Darold Holden, that the appeal brought by the City to the Minnesota Court of Appeals be dismissed and that the amount of the assessments be reduced substantially. The Council reviewed the proposal and upon motion by Egan, seconded by Wachter, it was resolved that the appeal of the City not be dismissed and the City Attorney's office be directed to pursue the appeal. All voted in favor. CHARLIE CHEN CHINESE RESTAURANT - SILVER BELL CENTER An application from Charlie Chen for on-sale beer license at its restaurant formerly Sigmunds Restaurant in Silver Bell Center, was brought to the Council. Smith moved, Wachter seconded the motion to approve the application, subject to compliance with City ordinances. All voted yes. 12 Council Minutes April 1, 1986 N.1 9 R. L. JOHNSON 2ND ADDITION - FINAL PLAT The engineering division has indicated that it has attempted on several occasions to force R. L. Johnson to complete the final requirements regarding R. L. Johnson 2nd Addition, noting that a building permit had been granted prior to the completion of all City requirements. The developer has been unwilling to cooperate with the City, and it was recommended that after numerous contacts and refusals to cooperate, that the Council put a stop order on any further construction on the project on Highway 413. Smith moved, Wachter seconded the motion to direct the staff to issue a stop work order effective immediately until all conditions of the final plat process have been satisfactorily complied, cue to the intentional evasion of City policies and ordinances. All councilmembers voted affirmatively. SEE PLAT FILE SOLID WASTE ABATEMENT COMMISSION Tom Hedges reported that he would be submitting a staff report to the City Councilmembers in the near future regarding the proposed Solid Waste Abatement Commission, including criteria for appointment of commission members. MAYOR AND COUNCILMEMBERS PICTURES There was discussion regarding the proposal to place pictures of past and present councilmembers in the lobby of the City Hall, and the staff was directed to gather all pictures of current and past councilmembers for purposes of preparing a display in the City Hall. CITY LIABILITY INSURANCE The City Administrator announced that Home Insurance Company has given the City notice of cancellation of its general liability and business auto policy, and that the insurance agent of record, Bruce Medvec, and staff members will be meeting to review and discuss alternates for liability coverage. SPERRY PROTEST TRIAL It was announced that the jury trial that had been held on March 31 and April 1, 1986 had resulted in convictions of the four Sperry protesters by a jury panel in the Dakota County District Court. 13 Council Minutes April 1, 1986 EAGAN 40 PLANNED DEVELOPMENT Tom Hedges announced that he, Paul Hauge and Dale Runkle had met with Dan Dolan and representatives of the developer of the Eagan 40 planned development regarding the processing and extension of time of the planned development according to the agreement. There had been a request by the developer that the City proceed with the application for plat approval without an extension of the planned development. Council members directed that the Planning Commission proceed with the public hearing, according to the current City ordinance. ON-BELAY REHABILITATION CENTER Councilmembers discussed letters and contacts that they had from residents in the area of the proposed On-Belay Rehabilitation Center on Nicois Road. Tom Hedges was directed to forward a letter to those persons who had contacted councilmembers in the City regarding the date, location and time of the hearing for the Advisory Planning Commission on April 22, 1986. CHECKLIST Upon motion by Egan, seconded Wachter, it was resolved that the following checklist dated April 1,1986 in the amount of $ 294.509-65 be approved. All voted in favor. ADJOURNMENT Upon motion by Wachter, seconded Egan, it was resolved that the meeting adjourn at 12:00 p.m. All members voted affirmatively. PHH City Ter 14