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10/15/1985 - City Council Regular n" A r ^ e MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA OCTOBER 15, 1985 A regular meeting of the Eagan City Council was held on Tuesday, October 15, 1985 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Consulting Engineers Bob Rosene and Tom Angus, City Planner Runkle, Public Works Director Colbert, and City Attorney Hauge. AGENDA Wachter moved, Thomas seconded the motion to approve the Agenda as distributed. All voted yes. MINUTES The minutes of the regular meeting of October 1, 1985 were presented and upon motion by Wachter, seconded Thomas, it was resolved that the minutes be approved as prepared. All voted yea. TAPE RECORDING OF COUNCIL MEETINGS City Administrator Tom Hedges discussed with the Council a proposal to tape record all regular city council meetiup•= .;±d in ac'iti:, , indicated that it would be advisable to retain the tapes or cassettes fOL a limited period of time. Councilman Wachter spoke in favor of recording the council meetings and Wachter moved, Egan seconded the motion to direct the City staff to tape record all City Council meetings and to retain the cassettes for a limited period of time at the discretion of the staff. All voted in favor. G. 0. IMPROVEMENT BONDS OF 1985 City Administrator Hedges indicated that the general obligation improvement bond sale in the amount of $9,500,000.00 is scheduled for November 6, 1985. He introduced Ernie Clark of Miller & Schroeder, and, also Gene VanOverbeke, Director of Finance, who were present at the meeting. It was recommended that the Council authorize the advertisement for bids and bid opening for November 6, 1985 at 11:00 a.m. and consider the award of a $9,500,000.00 G.O. Improvement Bond Issue for 1985 at 6:30 p.m. at the regular City Council meeting. Egan moved, Smith seconded the motion to approve the recommendation and authorize its implementation. All voted in favor. 1 Council Minutes October 15, 1985 Egan then moved, Wachter seconded the motion to authorize the City Administrator to proceed to acquire an adjustment in the bond rating from Moodys and Standard & Poors. All voted in favor. ELEMENTARY SCHOOL - ISD #196 The Board of Education of ISD #196 has recently approved an architect's design for new District Elementary School to be constructed on Deerwood Drive in Eagan. Construction is expected to begin in 1986 and Tom Schwartz, former elementary Principal at Northview School and principal on special assignment, was present at the meeting to describe briefly the proposed elementary school. WILDERNESS RUN PARK DEDICATION Tom Hedges explained the request of the Wilderness Run Park Association to dedicate without cost, the peninsula located in east Thomas Lake, to the City. Ken Vraa was present at the meeting and reviewed his memorandum to the Council dated October 2, 1985 and noted that the Advisory Park Committee had recommended the Council accept the parcel, subject to certain conditions. There was discussion among the councilmembers concerning the possibility of the land becoming tax delinquent and also, whether the homeowners should pay the real estate taxes for 1985. Councilman Wachter indicated that the Council had previously been opposed because of the maintenance cost, the fact that the property would be taken off the tax rolls and also that a fence had been erected on the parcel. Mr. Vraa mentioned the Park Commission recommended acceptance and that it would be retained as open space. Smith moved, Egan seconded the motion to authorize the City to accept the dedication of the park land aLcording to the conditions imposed by the Park Commission, and in addition, that the 1986 real estate taxes, including special assessments, be paid in full by the Homeowners Association, prior to acceptance by the City. All voted in favor except Wachter who voted no. CONSENT AGENDA The following consent agenda items were presented to the Council for consideration and approval, and it was recommended that they be approved: 1. Contractor's Licenses. A schedule of contractors licenses dated October 15, 1985 was attached to the Council packet and the staff recommended approval. 2. Kennel License Renewals. Five kennel license renewal applications were submitted, including that of William Abel, John Clarey, Kathleen Gilbertson, Janice MacKimm and Don Sandberg. It was recommended that the kennel licenses be approved for 1986. 3. St. John Neumann Church - Consumption & Display License. An application had been received from St. John Neumann Church for a one-day consumption and display license to be used in conjunction with the annual parish dance to be held November 16, 1985. Doris Wilkins will be the designated manager and it was recommended the application be approved. 2 Council Minutes October 15, 1985 -;e 4. Rahn Cliff Addition - Preliminary Plat Extension. The request of M. G. Astleford Company for six months extension of the Rahn Cliff Addition preliminary plat was presented and recommended for approval. 5. Bell Lexington Addition - Preliminary Plat Extension. Northwestern Bell Telephone Company submitted a request for extension of its preliminary plat for Bell Lexington Addition for six months and the staff recommended the council approve the request. 6. Coachman Road - Contract #84-17. A final payment request from Lund Asphalt Construction Company for Contract #84-17 with the final payment in the sum of $932.57 was received and it was recommended that the final payment be approved for the Coachman Road Treatment Plant street improvements. 7. S & W Industrial Acres - Contract #84-1. The final payment request from Jedlicki, Inc. for Contract #85-1 consisting of S & W Industrial Acres in the amount of $13,114.59 and acceptance for perpetual maintenance was recommended to the City Council for approval. 8. Miscellaneous Subdivisions - Acceptance of Improvements. It was recommended that the following improvements be accepted by the City and installed under Contracts #84-N consisting of Century Addition streets ana utilities, #84-0 Whispering Woods streets and utilities, and #85-F Park Cliff 3rd Addition streets and utilities. 9. Chicago Northwestern Transportation - License Agreement. It was recommended to the City Council that it approve a Resolution authorizing the Mayor and City Clerk to execute a license agreement with Chicago Northwestern anspottat cn Company for cons'Lruction required under Contract #85-5 consisting of Cedar Industrial Park trunk storm sewer. 10. Sun Cliff 3rd Addition - Final Plat. An application for final plat approval of Sun Cliff 3rd Addition was submitted and it was recommended that the application be approved, subject to compliance with all City requirements. R 85-66 11. Norwest 2nd Addition - Grading Permit. A request from Norwest Bank for grading/excavation permit for the grading of the roadway planned to service the proposed Norwest 2nd Addition was submitted and the staff recommended the City Council approve the permit, subject to compliance with the City Code requirements. 12. Easter Lutheran Church - Final Plat. The application of Easter Lutheran Church for final plat approval of the Easter Lutheran Church plat located at the southeast corner of Pilot Knob and Diffley Roads was submitted and was recommended for approval, subject to City requirements. R 85-67 13. Personnel Changes. A memorandum from Administrative Assistant Holly Duffy dated October 10, 1985 concerning language changes in the Personnel Policy due to the Fair Labor Standards Act revisions was submitted to the Council and recommenced that the Council approve the revisions. 3 Council Minutes October 15, 1985 14. Park Improvement Contract #84-14. The Park and Recreation Director recommended approval of Change Order No. 3 to Improvement Contract #84-14 in the sum of $1,096.00. Upon motion by Wachter, seconded Egan, it was resolved that the foregoing consent agenda items be approved and the Mayor and City Clerk be authorized to execute all related documents. All voted in favor. DIFFLEY ROAD - STREET & STORM SEWER - PROJECT #306 Mayor Bea Blomquist convened the public hearing regarding the final assessment hearing for Project #306 consisting of street and storm sewer improvements on Diffley Road. It was noted that the hearing was originally scheduled for October 1, 1985 but due to an inaccuracy in mailing notices, the hearing was continued to the October 15, 1985 regular council meeting. Tom Colbert detailed the assessments for the City Council and affected residents present and noted that part of the project had been assessed in 1984. There were no objections and after discussion, Thomas moved, Wachter seconded the motion to close the hearing and to authorize the Clerk to forward the final assessment roll to the County Aud-L : for collection of unpaid assessments to be spread over 15 years at 11% interest per annum. All voted affirmatively. GOLDEN MEADOW ROAD - PROJECT #418 The next public hearing convened by the Mayor consisted of a final assessment hearing for Project #4i8R for Golden Meadow Road streets and utilities. She requested Tom Colbert detail the assessment roll and there were no objections, although there were aff'c.r.ed property owners present in, the audience. After review, Egan moved, Thomas seconded the motion to close the hearing and to approve the roll and authorize the roll to be forwarded to the Dakota County Auditor for collection of the assessments to be spread over 10 years at 10% interest per annum. All voted yes. SUN CLIFF 4TH & 5TH ADDITIONS - PROJECT #436 The public hearing regarding the final assessment roll for Project #436 consisting of street and utility improvements in Sun Cliff 4th and 5th Additions then was convened by the Mayor. After review by the Public Works Director, there being no objections or appearances on behalf of affected property owners, Wachter moved, Thomas seconded the motion to close the public hearing and to approve the final assessment roll for Project #436 and authorize the certification to the County for collection of unpaid assessments to be spread over a five year period at 10% per annum interest. All voted yea. 4 Council Minutes October 15, 1985 S & W INDUSTRIAL ACRES - PROJECT #430 The final assessment hearing regarding Project #430 consisting of street and utility improvements in S & W Industrial Acres was convened by Mayor Blomquist. Tom Colbert briefly discussed the assessment roll with the City Council and there being no appearances or objections, Egan moved, Wachter seconded the motion to close the hearing, to approve the assessment roll for Project #430 and authorize certification to the County for collection at 10% interest to be spread over 10 years. All councilmembers voted yes. YANKEE DOODLE ROAD (TRUNK HIGHWAY #13 TO FEDERAL DRIVE) - PROJECT #427 On September 17, 1985, the City Council received the feasibility report for the proposed upgrading of Yankee Doodle Road and an informational meeting was held for property owners on October 9, 1985. Mayor Blomquist convened the hearing regarding Yankee Doodle Road improvements from Highway #13 easterly to Federal Drive. Tom Colbert introduced the project and announced that Assistant County Administrator Jim Sellerud, acting County Engineer Larry Figgins, and other County representatives were present. The cost to the City would be $747,266.82 derived from assessments, and $84,468.18 from the major street fund. The owner at 3364 Heritage Lane appeared and was concerned about speed and the street realignment of Heritage Lane. Larry Wenzel appeared on behalf of the Eagan Chamber of Commerce and presented a Resolution dated March 7, 1985 recommending that one lane be kept open on Yankee Doodle Road at all times and further, that the construction of Yankee Doodle Road be delayed until the impact that I-35E will have on the traffic flow from the Sperry is known. Fred Gould from the Surrey Heights Homeowners Association appeared with questions concerning the trunk storm sewer assessments proposed to be assessed against certain subdivisions in Surrey Heights. Don Sandberg of 1560 Yankee Doodle Road appeared and indicated that in his opinion, there would be no benefit from the road improvements to his parcel of property, other than the curb installation. There was discussion concerning the potential cost of acquisition of easements for the widening. After extended discussion, Wachter moved, Egan aeeonded the-motion-to close.-the-hearing,-and-,-authorize the:-instaiiation_.of street, storm sewer and trailway improvements along Yankee Doodle Road under Project #427 and to authorize the completion of detailed plans and specifications. Mayor Blomquist was concerned that the closing be reduced to a minimum and recommended that liquidated damages be included in the contract specifying certain time frames, and further that the City Council review the final plans and specifications prior to the advertising for bids. All members voted yes. 5 Council Minutes October 15, 1985 BLACKHAWK HILLS - EASEMENT VACATION The public hearing regarding the proposed vacation of public right-of-way on Blackhawk Hills Road adjacent to Blackhawk Glen Addition was next convened by the Mayor. The excess right-of-way was created through the new alignment of Federal Drive and Blackhawk Hills Road, according to Mr. Colbert. There being no objections, Egan moved, Wachter seconded the motion to close the public hearing and approve the vacation of public right-of-way and authorize the execution of the necessary documents, subject, however, to the acquisition of an appropriate utility easement. All councilmembers voted affirmatively. CITY-WIDE AMENDMENT TO ESCROW ACCOUNT - AMENDMENT TO CITY CODE 11 & 13 At the May 14, 1985 special City Council meeting, a cash escrow policy was adopted to ensure payment of certain staff and consultant fees currently absorbed by the City or billed back to the developer after having been paid by the City on development projects. It was noted that a sizable amount of unpaid costs have not been reimbursed to the City and the Council authorized the escrow policy to be adopted at that time, subject to further review. The Advisory Planning Commission at its meeting on September 24, 1985 recommended that a task force be appointed to study the escrow and that the task force include City staff and developers. Tom Hedges indicated the City staff had discussed the issue and recommended that two developers, two builders, one contractor and four staff members including Dale Runkle, Tom Colbert, Tom Hedges and Gene VanOverbeke staff the task force. Advisory Planning Commission member Pam McCrea was present at the council meeting and recommended that one member cf he City Council and one member of the Advisory Planning Commission be included on the task force. After discussion, Blomquist moved, Egan seconded the motion to accept the recommendation of the Advisory Planning Commission and to appoint a task force consisting of the representatives recommended by the staff including one member each from the City Council and the Advisory Planning Commission. All Councilmembers voted yes. FEDERAL LAND COMPANY - CEDAR CLIFF COMMERCIAL PARK - PYLON SIGN An application of Federal Land Company for conditional use permit for pylon sign in Cedar Cliff Commercial Park Addition for the Cedar Cliff office building came next to the Council. Tom Hedges and Dale Runkle briefly described the application and it was noted that the Advisory Planning Commission at its September 24, 1985 meeting recommended denial because members determined that the proposal was more of a reader board type sign and that a pylon sign was not intended to be used to advertise individual office buildings. Charles. Bartholdi appeared for the applicant and stated that the Ordinance would allow a separate sign for each private lot and City Attorney Paul Hauge described the advertising sign provisions under the Ordinance. 6 Council Minutes October 15, 1985 Councilman Smith was of the opinion that pylon signs are not intended to be used for office building purposes. Mr. Bartholdi further indicated that the intent was to provide for compatibility with the other pylon signs in the Cedar Cliff Commercial Center. Councilman Smith moved, Councilman Thomas seconded the motion to deny the application based upon the reasons cited by the Advisory Planning Commission in its minutes of September 24, 1985 and in addition, the fact that the pylon signs were not intended to be used for individual office buildings; the Councilmembers, however, indicated that there were no objections to erection of a maximum 7 foot ground sign to advertise the building. All members voted in favor except Blomquist who voted no indicating she would propose that the application be amended to provide for a maximum 7 foot high ground sign which would then conform with the Sign Ordinance. SNIFFLES, INC. - CONDITIONAL USE PERMIT An application of Sniffles, Inc. and Paula Gallegher for conditional use permit for medical day care facility located north of Highsite on Pilot Knob Road was brought to the Council. Dale Runkle explained that when ten or more children are in a CCi, care center, a conditional use permit is required. It was noted that the applicant was present. There were no objections to the application and the Advisory Planning Commission recommended approval, subject to certain conditions. Thomas moved, Smith seconded the motion to approve the application, subject to compliance with all applicable City Code requirements. All voted yea. WINDTREE 6TH ADDITION - PRELIMINARY PLAT The application of Richardson Properties for preliminary plat approval of Windtree 6th Addition consisting of 15 single family lots on 6.8 acres was presented to the Council. The Advisory Planning Commission recommended approval subject to conditions. Dale Runkle briefly described the application and it was noted that there was no appearance on behalf of the applicant. Wachter moved, Egan seconded the motion to continue the application to the end of the meeting and in the event that the applicants do not appear, that the application then be continued indefinitely. All members voted yes. SEE PLAT FILE SAFARI ESTATES 1ST ADDITION - JAMES & CAROL ZINSMASTER - VARIANCE An application of James and Carol Zinsmaster for a 6 foot variance for public streets on Lot 1, Block 1, Safari Estates, west of Galaxie Avenue and south of Safari Trail was considered by the Council. The applicants were present and it was noted that the 6 foot variance is being requested due to the excessive 50 foot half right-of-way along Galaxie Avenue and the expensive lot costs and covenants of Block 1 made it highly impractical to construct a residence with less than a three-car garage. There were no objections. Smith moved, Egan seconded the motion to approve the application subject to all City ordinance requirements. All members voted yes. 7 Council Minutes October 15, 1985 WILLIAM KLOTZBACH - VARIANCE - SELMARK ADDITION The application of William P. Klotzbach for front yard variance of 8 feet for Lot 7, Block 3, Selmark Addition along Chapel Lane came next to the Council for consideration. The Klotzbachs were present and there were no objections. Smith moved, Wachter seconded the motion to approve the application, subject to compliance with the ordinance requirements. All councilmembers voted yes. OPUS CORPORATION - SPECIAL PERMIT - IDENTIFICATION SIGN An application of Opus Corporation to allow two identification signs on its property in Eagandale Center Industrial Park on the east side of Pilot Knob Road was directed to the Council for its consideration. Dale Runkle explained that the application had been submitted for two signs with the understanding that the existing Eagandale Center sign at the intersection of Pilot Knob Road and Corporate Center Drive will be removed and two smaller signs will be constructed. A representative of Opus Corporation was present and requested approval. Egan moved, Wachter seconded the motion to approve the application, subject to City Sign Code requii.cments. All voted affirmatively. LAKESIDE ESTATES - VARIANCE - TOMMY WAITE An application from Tommy Waite for a 10 foot front yard variance for Lots 16 and 17, Block 1, Lakeside Estates came to the Council. There was no appearance for the applicant, but it was noted that other comparable variances had been approved due to the 200 foot NSP Highlin^ frail alolig th north property line. There being no objecting parties, Thomas moved, Smith seconded the motion to approve the application subject to compliance with all City Code requirements. All voted in favor. EAGANDALE COURT - CONTRACT #85-27 The plans and specifications for the Eagandale Court streets and utility improvements under Contract #85-27 were presented and the staff recommended approval. Wachter moved, Egan seconded the motion to approve the plans and specifications for Contract #85-27 and to authorize the advertisement for bid opening to be held at 10:30 a.m. on Friday, November 15, 1985 at. the Eagan Municipal Center. All voted yes. LAKE WATER QUALITY MANAGEMENT STUDY As a part of the 1986 Budget, the Engineering Division requested approximately $47,000.00 to prepare a comprehensive report for the study and management of water quality for approximately 100 ponds and lakes within the City. The report would address four major issues and establish a water quality management program and a plan for the project was presented to the Council in both written and oral form. Tom Colbert and Mr. Rosene answered 8 Council Minutes ->a October 15, 1985 questions of the City Council and Councilman Smith suggested considering staff members to accomplish as much of the work as possible. Councilman Egan suggested that part of the funding be acquired from the Park budget and it was further proposed that potential grants be reviewed for the endeavor. In addition, staff should request comments from affected property owners in order to make certain that all ponds within the City are included. Blomquist moved, Egan seconded the motion to approve the proposed lake water quality management program and direct the staff to determine how much of the sampling program can be performed by in-house personnel to reduce the cost of the project, to prepare a definitive listing of ponds proposed to be included in the program for further review and scrutiny by the Council, and further investigate the feasibility of any funding assistance (i.e. grants, etc.) that may be available for the preparation of this plan. All councilmembers voted yes. CEDAR INDUSTRIAL TRUNK STORM SEWER - CONTRACT #85-5 Tom Colbert explained to the City Council the additional costs that would be involved in the construction of the 90 inch diameter trunk storm sewer intended to be constructed in the Cedar Industrial Park area, north of Highway #13 adjacent to the Richard Curry mini-storage property. He noted that the plans for the mini-storage were approved by the City Council concurrently with the approval of the contract on the storm sewer project and additional costs in the amount of about $38,000.00 will be required to install the storm sewer. Councilman Smith mentioned that exclusion of the storm trunk on a portion of the project would simply require its installation at a later time at an additional cost. Smith then moved, Thomas seconded the motion to direct the City staff to proceed with the acquisition of the necessary easements and also the approval of Change Order No. 1 to Contract #85-5. All members voted yes. R 85-65 ROBERT O'NEIL LAWSUIT Tom Hedges discussed with the City Council the Summons and Complaint that was served on the City on October 10, 1985 entitled Robert O'Neil vs. City of Eagan. He stated the action was for 8.7 million dollars or in the alternative an order directing the City Council to rezone the 120 acre Robert O'Neil property at the northeast intersection of Yankee Doodle and Lexington Avenue, and that the pleadings have been forwarded to the Eagan liability carriers, including Home Insurance Company and International Surplus Lines Company. City Attorney Paul Hauge briefly explained that it appeared that Home Insurance Company would not accept the defense and no answer had been received from International Surplus Lines Company. A proposed Resolution requested by the City Council was submitted for consideration. After discussion, Smith moved, Thomas seconded the motion as follows: 1. That the staff be directed to forward a copy of the Summons and Complaint to each appropriate City insurance liability carrier requesting defense on behalf of the City. 2. That the City Attorney and/or special counsel for the City be directed to interpose an Answer for the City and commence discovery, including implementing whatever legal steps are necessary to defend the action and bring appropriate action in the form of a Counterclaim and/or Third Party Complaint covering all damages, attorneys fees and costs incurred by the City. All members voted in favor except Wachter who voted no. 9 Council Minutes October 15, 1985 ANN GOERS - RESIGNATION City Administrator Thomas Hedges indicated that he had received a written resignation from Ann Goers as the City Assessment Clerk, on October 14, 1985 and recommended that the Council approve the resignation. Thomas moved, Smith seconded the motion to accept the resignation as presented. All council members voted yes. RUBBISH HAULER - LICENSE RENEWALS Application from 16 rubbish haulers for license renewals were presented to the City Council, including two haulers that applied for licenses in 1985 and the staff recommended approval. Councilman Wachter asked why Richard Kreitz's application was not on the renewal list. Egan moved, Wachter seconded the motion to approve the license renewal applications, including Richard Kreitz, subject to submission of an appropriate application, unless however, Mr. Kreitz does not desire to extend his license in the City of Eagan. All voted yes. BEER, WINE & LIQUOR - LICENSE RENEWALS A schedule of applications from beer, wine, on-sale and off-sale liquor licensees was presented to the Council and the staff recommended approval subject to compliance with all City Code requirements. Smith moved, Egan seconded the motion-to approve the applications as presented. All voted yes except Thomas who .bstained concerning the application for license renewals for the Diamond T Ranch. WELL SITE NO. 8 - PROJECT #457 The feasibility report for Project #457 consisting of Well Site No. 8 was presented to the Council. Public Works Director Tom Colbert and Consulting Engineer Bob Rosene answered questions on behalf of the City Council concerning the proposal to include two wells located at the same site within Royal Oak Circle Addition. One well, 8B would be drilled to the deeper Hinkley formation with the shallower well to be drilled into the Jordan Sandstone formation. It was noted that the recommendation for the deeper well was intended to avoid a lack of water in the event of well contamination. Wachter moved, Egan seconded the motion to receive the feasibility report for Project #457 and authorize the preparation of detailed plans and specifications. All councilmembers voted yes. WINDTREE 6TH ADDITION - PRELIMINARY PLAT There was no representative on behalf of Richardson Properties present, and Egan moved, Wachter seconded the motion to continue the application for the preliminary plat approval of Windtree 6th Addition indefinitely. All voted yea. SEE PLAT FILE 10 Council Minutes October 15, 1985 EAGAN LIQUOR - LICENSE TRANSFER Tom Hedges explained to the City Council that although the application of McCrea & Associates to transfer its on-sale liquor license to Spirits of Eagan, Inc. had not been on the agenda, the applicant had requested consideration to be placed on the agenda due to the need to expedite the sale and transfer of the property for the off-sale liquor store. It was further noted that the City staff had a holiday on Monday, October 14, and therefore no administrative packet was distributed to the Council. Mark and Pam McCrea appeared on behalf of the applicant, as well as the proposed transferee of the license. Councilman Egan indicated that he had told a telephone caller on the evening of October 14, that the item was not on the agenda and was not aware that it would be considered by the City Council. There were no objections on behalf of any members present, nor on behalf of the City Council members, and the police department recommended approval. Smith moved, Thomas seconded the motion to approve the application contingent upon the actual closing of the sale of the liquor store, and further subject to compliance with all City ordinance requirements. All voted in favor, except Egan who abstained. ~'uOMAS LAKE PLACE An application of Dominium Corporation for consideration by the City Council of the adoption of a Resolution to schedule a public hearing for the proposed issuance of industrial revenue financing for the Thomas Lake Place apartment project was then brought to the Council. Tom Hedges explained that the circumstances were similar to that of the Eagan liquor license transfer and noted that an informational meeting had been held with neighboring residents on October 12, 1985. A further City staff sponsored informational meeting will be scheduled a, a later t-we. After ciscussion, Thomas mov,-ed, Smith seconded the motion to accept the application and schedule the public hearing on the application for November 19, 1985 at the Municipal Center at 7:00 p.m. All councilmembers voted yes. GREENSBOROUGH I & II - OFFICE/WAREHOUSE PROJECT A further application from Larry Lee and Mike Gresser for consideration by the City Council of industrial revenue financing for the Greensborough I and II office/warehouse project on Becker Road, east of Highway #49, next came to the Council. Mr. Hedges stated that this project also was not on the agenda for the same reasons as the two previous applications and further noted that ordinarily the City Council not consider industrial revenue financing until a preliminary plat has been approved. He noted, however, that all preliminary resolutions induced by the City Councils in the State must be approved by the end of October, 1985, and stated that the applicants have requested a variance from the normal preliminary plat procedure requirements. Smith moved, Egan seconded the motion to receive the application and schedule a public hearing on the application for November 6, 1985 at 7:00 p.m. at the Eagan Municipal Center and to officially act on the preliminary resolution as requested; further, however, that the City Council will not proceed with the public hearing unless a legal opinion from approved bond counsel be received by the City indicating the bonds will not be taxable under the Internal Revenue Code. All members voted yes. 11 Council Minutes October 15, 1985 CEDAR CLIFF COMMERCIAL-CENTER Steve Darling, a neighboring resident to the Cedar Cliff Commercial Center, again appeared before the Council and objected to the fact that Federal Land Company has not revised its lighting on the rear side of the commercial center as requested by the City Council. In addition, he mentioned that 21 trees are missing or dead along the berm and requested that the Council put a moratorium on all construction and sign permit approvals for the Federal Land Company in the commercial center. After discussion by the City Council members, Smith moved, Wachter seconded the motion to direct the staff to order the landscaping as provided in the landscaping plan for the commercial center that was in the planned development, be completed according to the plans approved by the City and to utilize the funds from the landscape bond if the bond is not released for payment for the improvements. All councilmembers voted yes. EAGAN MANAGEMENT REPORT Tom Hedges presented the City Council a copy of the recently prepared Management Report for the City of Eagan. COMPOST SITE CARETAKER Tom Colbert recommended that William Reid and Sharon McNael be hired by the City as caretakers on a part-time basis for the City Compost site on the south side of the Eagan Municipal Center. Wachter moved, Bloai-ii:s- seco.'Aeu the motion to approve the appointments. All voted yes. RAHN RIDGE - GRADING & EXCAVATION PERMIT Tom Colbert submitted an application from the developer of the Rahn Ridge Addition requesting a grading and excavation permit and recommended approval subject to City Code requirements. Blomquist moved, Wachter seconded the motion to approve the application as recommended. All voted yes. POLLUTION CONTROL AGENCY - SANITARY SEWER PERMIT VIOLATIONS Public Works Director Tom Colbert described to the City Council a meeting including Mayor Blomquist, Tom Colbert, the City Attorney, Paul Hauge, Senator Howard Knutson, Representative Art Seaberg, with Tom Kalitowski and other representations of the Pollution Control Agency on Friday, October 11, regarding the PCA's claim that the City has violated PCA regulations concerning sanitary sewer extension permits. The PCA staff has requested that a penalty be imposed upon the City for alleged violations and negotiations are taking place concerning a stipulation to be entered into between the PCA and the City of Eagan. The Council authorized the staff to continue to negotiate with the understanding that there would be no automatic penalties for alleged future violations and further, that the final stipulation be returned to the City Council for approval. 12 Council Minutes October 15, 1985 JOE MILLER CONSTRUCTION COMPANY Councilman Wachter indicated that he has received complaints concerning the quality of construction by Joe Miller Construction Company and the staff indicated it also has received numerous complaints from residents whose homes have been built by that contractor. After discussion concerning the alleged complaints, Smith moved, Blomquist seconded the motion to direct the staff to review the complaints with the authority to withhold building permits because of the lack of compliance with City permit code requirements. All councilmembers voted yes. CHECKLIST Wachter moved, Egan seconded the motion to approve the checklist dated October 15, 1985 in the amount of $1,245,497.76. All voted in favor. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 11:00 p.m. All voted in favor. PHH City erk 13