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12/16/1986 - City Council Regular it MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA DECEMBER 16, 1986 A regular meeting of the Eagan City Council was held on Tuesday, December 16, 1986 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present were City Administrator Tom Hedges, City Engineer Tom Colbert, City Planner Dale Runkle, Consulting Engineers Bob Rosene and Mark Hanson, and City Attorney Paul Hauge. AGENDA Egan moved, Wachter seconded the motion to approve the agenda as presented. All voted yes. MINUTES Regular Council Meeting - December 2, 1986. Upon motion by Ellison, seconded Egan, it was resolved that the minutes of the regular Eagan City Council meeting of December 2, 1986 be approved with the exception on page 4, City Service Fees, that there be a revision in the multiple schedule of $420.00 per unit. All members voted yes. Special Council Meeting - November 24, 1986. Egan moved, Ellison seconded the motion to approve the minutes as presented. All voted yes. PARK & RECREATION COMMISSION Waldron Park Property. Park and Rec. Director Ken Vraa was present and discussed with the City Council negotiations he had had with Kathy Waldron, the owner of property on the north side of Blackhawk Lake, being proposed to be purchased for park land. The staff has recommended the offering price of $46,500.00 with the seller paying all delinquent and current taxes and assessments. Mr. Vraa explained the value to the City included the lengthy amount of shoreline and also is located at the narrows of the lake where a bridge may be installed at some time in the future. Smith moved, Egan seconded the motion to authorize the Park Director to submit the offer to the Seller as proposed. All members voted in favor. Park Development Priorities. A parks development construction priority schedule for various parks within the City was submitted by the Park Director according to a memo dated November 13, 1986. Ken Vraa briefly described the proposal and Egan moved, Wachter seconded the motion to approve the 1987 Parks Development Priority schedule. There was a question concerning the Bur Oak Park and an update regarding the park development will be submitted to the Council by the staff. All members voted yea. 1 Council Minutes December 16, 1986 MOTOR PATROL ROAD GRADER PURCHASE Bids were received on December 10, 1986 for the acquisition of a motor patrol road grader with snow plow attachments. Four bids were received including a Borchert Ingersoll Champion 730-A, a Carlson John Deere 770B-H, and a Ziegler Caterpillar 140G new and used. A lengthy presentation was made by Mr. Colbert including a written analysis of the bids, including alternates for maintenance, repair guarantys and guaranteed repurchase. Mr. Colbert stated that the true bid should include trade-in and the recommendation by the staff was that the used Caterpillar 140G with a total cost bid of $42,857.00 be approved. Councilman Smith recommended a new grader be purchased, noting the warranties are the same on the new and used and that the used equipment will also take 30 to 45 days to deliver, about half the time for new equipment. Wachter moved, Smith seconded the motion to authorize the purchase of the new Ziegler Caterpillar 140G as presented, based upon the reasons submitted by the staff and outlined in the staff's memorandum to the Council. Pete Borchert of Borchert Ingersoll was present and requested the Council consider the purchase of the Borchert Champion 730-A, noting that Borchert is an Eagan based company, that there is $37,000.00 difference in the current cost and that the current cost should be used as the primary basis for the acquisition. Mr. Colbert explained the deviation from the specs in some detail and also noticed that Caterpillar has a guaranteed maintenance cost schedule. All councilmembers voted in favor. CONSENT AGENDA The following consent agenda items were presented to the City Council and the staff recommended the items be approved: 1. Contractors Licenses. There were no contractors license requests made to the City. 2. Big Top Wines & Spirits - 1987 Off-Sale Liquor License. It was recommended that the application of Big Top Wines and Spirits for off-sale liquor license be approved as presented. 3. Dougherty's - 1987 On-Sale Liquor License. The application of Dougherty 's for 1987 on-sale liquor license was recommended for approval by the staff. 4. Royal Oak Circle 1st & 2nd Additions - Development Contract. An amendment to the Development Contract Schedule for Royal Circle 1st and 2nd Additions was submitted, indicating completion dates of October 1, 1987 for all major streets, utilities and driveways, and July 15, 1988 for all remaining final restoration items. It was recommended that the amendment to the agreement be approved. 2 Council Minutes December 16, 1986 5. E-Z Air Park - Project #486. It was recommended that the feasibility report for Project #486 be received and that the public hearing be scheduled for February 3, 1987 at 7:00 p.m. at the Eagan Municipal Center. 6. Eagan Hills Farm Addition - Project #491. A Petition for Project #491 consisting of Eagan Hills Farm trunk utilities and street improvements was submitted and it was recommended the Petition be received and the consulting engineer be authorized to prepare the feasibility report. 7. O'Neil Drive - Streets and Utilities - Lone Oak 2nd Addition - Project #492. A petition was received for the upgrading of the remaining unimproved section of O'Neil Drive, adjacent to 1-494 between Dodd Road and Argenta Trail. It was recommended the Petition be received and that the feasibility report be authorized. 8. Outlot M - Lone Oak Addition - Vacation of Utility & Ponding Easement. A Petition was received for the vacation of Outlot M, Lone Oak Addition and it was recommended by the staff that the City Council receive the Petition and schedule a public hearing to be held on January 20, 1987 at 7:00 p.m. at the Eagan Municipal Center. 9. Local Government Subsidy - Ambulance Contract. The city received a revised copy of the Ambulance Service Agreement abolishing the per capita subsidy each community had been providing on a calendar basis to Divine Redeemer Memorial Hospital. It was recommended that the Ambulance Service Agreement as revised for 1987-1988 be approved. Upon motion by Wachter, seconded Smith, it was resolved that the foregoing Consent Agenda items as described, be approved as presented. All voted in favor. PILOT KNOB ROAD - UPGRADING - PROJECT #466 Mayor Bea Blomquist convened the public hearing regarding the upgrading of Pilot Knob Road under Project #466 at 7:10 p.m. The project includes a 5-lane urban road section with curb and gutter and related storm sewer facilities from I-35E to Rebecca Lane, one-half mile north of Apple Valley. The project also proposed to upgrade portions of Diffley Road and Cliff Road, approximately 1/4 mile in either direction of their intersections with Pilot Knob Road. Mayor Blomquist explained that there may be design concerns and these concerns should be addressed to the City Council but asked that each person with such concerns leave his or her name with staff and they will make later contacts. _ Mr. Colbert made the presentation and indicated a public informational meeting was held at the City Hall on December 3, 1986 with approximately 200 letters sent to property owners, and 125 persons in attendance at that meeting. The proposal included a Cost Participation Agreement with Dakota County and a formal hearing is required. Mr. Colbert further noted that concept is the only issue at the hearing and discussed proposed assessments to be spread over a 15 year period. 3 Council Minutes December 16, 1986 A large number of affected property owners was present and one owner was concerned about the change in the setback and safety at Easter Lane, directly south across Diffley Road from Blueberry Lane. It was noted that the 30 foot setback will not be complied with and it was recommended that a fence be installed for safety. Further, consideration of the removal of one duplex unit at that location will continue. Jim DelGreco of Evergreen Park, questioned whether the proposed width is necessary. He also had concerns about safety and the speed of the traffic including depreciation in value along a major street. Henry Braun, an owner near Fish Lake on Pilot Knob Road, questioned whether a cul-de-sac would be installed adjacent to his property and Mr. Colbert stated that a hearing will be held in January concerning that project. Corey King of Quarry and Sigfrid objected to the project and recommended instead a traffic light at Pilot Knob Road and Diffley. He further argued that people generally were against the project, partially based upon the excessive cost. Tony Villelli submitted written and verbal objections to the project. Neil Coates of Pilot Knob Road and Cliff Road had concerns about two lanes on Cliff Road and strongly recommended that Cliff Road be improved to its improved section near Johnny Cake Ridge Road. Mr. Colbert explained that less than 1/3 of the cost will be assessed and the balance of the City's portion will be provided from the City major street fund. Jim Horne of Coronation Road complimented the City and County on the design proposal. He questioned the anticipated noise generation and recommended a noise study be performed. Doris Wilkins of 4225 Pilot Knob Road expressed certain objections. Mr. Colbert answered one question by indicating that the project is intended to include phased construction with an anticipated assessment hearing in 1989. Ms. Wilkins argued that the project would ruin the character and aesthetics of the community and objected to the medians being proposed and recommended striping the center line. She also questioned whether the mill rate will need to be raised to pay for the road improvement cost. Steve Crown of 4285 Pilot Knob Road was opposed to the project based upon the cost and submitted certain objections. Jerry Miller, a retail merchant in the Hilltop Commercial Center, objected to the access problems that will develop and Mr. Colbert stated that access will be provided with the exception of isolated instances. Another owner had questions concerning aesthetics and asked whether boulevard trees would be planted. Mr. Colbert stated that no boulevard trees are scheduled to be planted in the road rights-of-way. Mike Corazo of Raspberry Court objected to the project and also to the bike trails. Dick Reid of 3631 Pilot Knob Road had questions about curb cuts at Crestridge and also whether additional right-of-way would be needed at that location. Eric Erikstrup, an owner at Cliff and Pilot Knob Roads had concerns about access to his property. 4 Council Minutes December 16, 1986 Darrell Isebrand representing Beautiful Savior Lutheran Church noted the City required the church to dedicate 125 feet of right-of-way in 1977 but that now all of the right-of-way may not be needed. He also recommended the City pay for such right-of-way, even at the time of development of the adjacent parcel, and he also expressed concerns about the proposed median. Roger Johnson of 4304 Pilot Knob Road noted an access issue from his property. Councilman Ellison indicated that rapid growth in the City and stated the traffic increase requires road improvements on Pilot Knob. Councilman Egan expressed his long-standing concern about Pilot Knob Road and stated that at certain locations, medians are important but that in other areas, medians could be eliminated. Traffic counts were taken in the Spring of 1986 according to Mr. Colbert, after a question was raised. Councilman Smith also had concerns about the fifth lane throughout, although he stated left-turn lanes are important at certain locations. The City does not set speed limits and he further noted that medians may not be required throughout as proposed, but it would be necessary to qualify for State funding standards. Councilman Wachter noted the importance of the north-south Pilot Knob Road artery through the City and also favored the bike trail for safety purposes. Wachter moved, Blomquist seconded the motion to close the public hearing, order in the project with the final median design to be determined by the City Council prior to final median design, and locations in the project for 5 lanes to be approved by the City Council prior to the final plan approval by the Council. All members voted in favor. The hearing was closed at 9:10 p.m. LEXINGTON/NORTHVIEW PARK - PROJECT #479 The next public hearing convened by the Mayor concerned the trunk storm sewer in the Lexington Avenue and Northview Park area under Project #479. Tom Colbert introduced the project and Mark Hanson reviewed the preliminary report in some detail. Jim Curry was present and stated down-zoning to R-1 in part of the commercial area, south of Diffley Road is expected to be requested. There were no objections to the project, but there were questions from affected owners present. Smith moved, Egan seconded the motion to close the public hearing and approve the project and authorize the preparation of plans and specifications. All voted in favor. LEXINGTON SQUARE 6TH ADDITION/NORTHVIEW PARK ROAD - PROJECT #485 The next public hearing convened by Mayor Blomquist covered street and utility improvements for the Lexington Square 6th Addition and Northview Park Road under Project #485. Mark Hanson reviewed the project and noted that the plan is to extend Northview Park Road to the east eventually, and that the road has acquired Minnesota State Aid status. There were no objections to the project. After discussion, Egan moved, Wachter seconded the motion to close the hearing, to order in the project and authorize the preparation of the detailed plans and specifications. All councilmembers voted affirmatively. 5 Council Minutes December 16, 1986 1987 GENERAL AND UTILITY FUND BUDGET City Administrator Tom Hedges submitted to the City Council a capsule of the 1987 General and Utility Fund Budget, noting that workshop sessions had been held during the fall of 1986 with a public hearing on September 16, 1986. Enclosed with the packet information was a summary of revenue and expenditures and it was recommended that the council approve the budget. Mr. Hedges, however, recommended that the Council approve the expenditure of $2,500.00 for a new blue print machine, noting the emission of noxious vapors from the current machine. Ellison mentioned the mill rate is going down even though total expenditures have risen and that the per capita spending, however, is no greater because of the increase in the assessed valuation. Egan also noted the impact of the comparable worth study. Wachter moved, Egan seconded the motion to approve the addition of the $2,500.00 moved from the contingency to the Public Works Engineering fund as proposed. Wachter, Egan and Ellison voted yes; Blomquist and Smith voted no. Egan moved, Wachter seconded the motion to approve the Budget as amended. All members voted in favor. RAHN RIDGE - WAIVER OF PLAT An application of B. H. Grace for waiver of plat to split a duplex lot on Lot 3, Block 4, Rahn Ridge, located east of Nicols Road abutting Vienna Lane, was brought to the Council. The applicant was present and there were no objections. Ellison moved, Egan seconded the motion to approve the application, subject to compliance with all other City Code requirements. All voted yes. R 86-96 EAGANDALE CLUB - ON-SALE LIQUOR LICENSE Mr. Hedges reviewed with the City Council the Ordinance Code Section 5.04 indicating that no liquor license under that chapter could be granted where there are unpaid taxes. Contacts have been made with Graham Gurr and Mr. Gurr's attorney for the Eagandale Club, noting that the applicant is currently under a Chapter 11 bankruptcy proceeding. The applicant has indicated that the City has no right to refuse the issuance of a liquor license based upon the Bankruptcy Code law and current case law. City Attorney Paul Hauge recommended that the license be approved, even though the real estate tax payments were delinquent. He noted that an argument could be made for denying the application, but that it is important to allow the applicant to remain in 4 business and the liquor operation is only a small portion of the applicant's gross income. Egan moved, Smith seconded the motion to approve the application as presented, subject to all other City Code requirements. All voted in favor. 6 Council Minutes December 16, 1986 LONE OAK 2ND ADDITION - PRELIMINARY PLAT The application of Northwest Aerospace Training Corporation for preliminary plat approval of Lone Oak 2nd Addition consisting of a flight simulator training facility was next heard. Dale Runkle reviewed the application indicating that the Advisory Planning Commission at its meeting on November 25, 1986 recommended approval. The footprint of the building is approximately 103,600 square feet and the plat will cover only the area needed for Outlot A consisting of 15.15 acres with access from the west. 341 parking stalls will be provided in two separate lots with 553 spaces required in an office building. It was recommended, however, that because the aerospace building is a 24 hour facility and for a specific user group, that parking appeared to be sufficient and no further parking space is required, but that expansion area has been provided. After a presentation, there being no objections, Wachter moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. The installation of trunk sanitary sewer, water main, storm sewer facilities and the upgrading of O'Neil Drive to City standards shall be ordered for installation by Council action prior to final plat approval. 2. The acquisition of an MPCA Indirect Source Permit shall be required prior to final plat approval. 3. Ponding easements incorporating the required storm water capacity shall be dedicated with the final plat. 4. This development shall be responsible for providing the necessary easements for the construction of O'Neil Drive and the required sanitary sewer, water main and storm sewer facilities prior to final plat approval. If they cannot be provided, the developer shall be financially responsible for all costs associated with the City's acquisition of both permanent and temporary construction easements for these public improvements. 5. The developer shall obtain all required DNR permits prior to final plat approval. 6. All internal utility and drainage easements necessary to incorporate public improvements shall be dedicated on the final plat. 7. All public improvements constructed within this development, whether performed privately or under City contract, shall be in conformance with City approved engineering standards. 8. The development shall be financially responsible for its proportionate share of the assessments associated with the development of this property. 9. The grading plan or the Comprehensive Master Storm Sewer Plan shall be revised to accommodate the proposed surface water runoff associated with this development prior to final plat approval. 7 Council Minutes December 16, 1986 10. All existing drainage and utility easements required to be vacated shall be approved prior to the release of the plat for recording at the County. 11. All standard plat conditions shall be adhered to. 12. This plat shall be subject to the parks dedication fee. 13. A detailed landscape plan shall be submitted on an approved grading plan prior to the final plat submission. A financial guarantee shall also be submitted and not released until after a full year from the time of installation. All councilmembers voted yes, except Blomquist who abstained. Mr. Hedges then explained that the applicant was also requesting a building permit for the erection of a steel superstructure, noting the hardship involved in waiting until the normal City requirements of final plat approval are completed. It is expected to take about a month and a half to complete the final plat and Mr. Hedges noted the conflict with the City policy in granting building permits before final plat approval. Jim Thorn, Vice President of Real Estate for Northwest Airlines was present and stated that a significant delay will occur if the authorization to proceed is not granted, and that Northwest Airlines will cooperate in every possible way to ensure compliance with the final plat requirements. Mark Westin of M. A. Mortenson Construction Co. was present and noted the superstructure construction time will be from 8 to 10 weeks. After a lengthy discussion, Smith moved, Ellison seconded the motion to approve the application for building permit for the superstructure only, with the understanding that no other permits will be granted until the final plat is approved according to City requirements. All members voted affirmatively, except Blomquist who abstained. SEE PLAT FILE PINECREST ADDITION - PRELIMINARY PLAT The application of Huttner Construction Co. for preliminary plat approval of Pinecrest Addition and rezoning of 7 acres from A-1 to R-1 was brought to the Council. The Advisory Planning Commission at its last regular meeting on November 25, 1986 recommended approval, subject to certain conditions. 17 single family lots were being proposed according to Mr. Runkle, but the Advisory Planning Commission recommended a preliminary plat allowing for 16 lots and access road to the west and also the park should be determined as requested by the Advisory Park Commission. DeeDee Oren, an owner to the west, appeared and opposed the project based upon excessive density, projected water quality deterioration and she objected to the stub street to the west. She indicated that the Orens do not intend to subdivide their property, and that proposed Crestridge Way was not well located for the possible development of the Oren property in the future. 8 Council Minutes December 16, 1986 Will Schneider, an owner of 3 acres to the west of the Oren property, objected to the density and access to the west also. There was concern about the potential of three cul-de-sacs for development in succession. Brad Swenson and William Huttner also were present. Smith moved to approve the application with the conditions recommended by the Advisory Planning Commission, including trail easement to the lake, and the Crestridge Way stub street to the west being included. Ellison seconded the motion, subject to the following: 1. The property owner and developer shall petition for the vacation of excess public right-of-way for Crestridge Lane beyond a 30 foot half right-of- way and this vacated right-of-way shall be incorporated into the proposed plat. 2. This development shall dedicate all necessary ponding easements for Fish Lake necessary to incorporate the 847.0 elevation. 3. This development shall dedicate all utility easements outside of public right-of-way as required by the alignment and depth of all proposed public utilities. 4. This development shall submit and adhere to a detailed erosion control plan in accordance with City standards and special requirements for this development. 5. This development shall be responsible for all outstanding assessment obligations at the rates in effect at the time of final plat approval. 6. All public street and utility improvements shall be designed and installed in accordance with City engineering standards. 7. All standard platting conditions shall be adhered to. 8. A variance for the cul-de-sac on the single access proposal shall be granted. 9. The plat shall be reviewed by the Advisory Parks Commission for its recommendations of the parks dedication and/or trail easement. 10. The plat shall conform to all shoreland zoning ordinances. 11. The developer shall take all necessary steps requested by staff to control erosion into Fish Lake. John Klein appeared and spoke in opposition to the access road to the west and noted that he represented Mr. Vashro, the owner of the property. 9 Council Minutes December 16, 1986 F', Blomquist then moved to amend the main motion to remove the stub street to the west which had originally been included in the motion. Wachter seconded the motion and those in favor were Egan, Wachter and Blomquist. Egan noted the property to the west will develop only as a cul-de-sac. Those against were Ellison and Smith. The vote on the main motion as amended with 17 lots and 650 foot cul-de-sac without the stub street to the west was 5 ayes. Smith then moved, Ellison seconded the motion to rezone the property to R-1 as proposed. All voted in favor. All councilmembers voted yes. SEE PLAT FILE EAGANDALE INDUSTRIAL CENTER #8 - PRELIMINARY PLAT An application of Opus Corporation and Northwestern Mutual Life Insurance Company for preliminary plat approval covering Lots 12 through 18, Block 5, Eagandale Industrial Center #1 came next to the City Council. The plat would consist of a replat of 7 existing lots, or portions thereof, into 4 lots with frontage on either Eagandale Industrial Road or the West Service Road. Lot 1 would be used for American Fruit and Produce for future expansion; Lot 2 will remain 400 feet wide with 9.99 acres; and Lot 3 would consist of 5.15 acres. Bob Worthington was present and recommended approval. The APC recommended approval subject to conditions. Wachter moved, Egan seconded the motion to approve the application, subject to the following conditions: 1. An 8 inch water main shall be constructed on the north side of the West Service Road between Eagandale Boulevard and Center Court in accordance with City approved engineering standards. 2. A drainage easement necessary to incorporate 1.1 acre-feet of ponding in the northeast corner of Lot 2, shall be dedicated with the final plat. The actual construction of this drainage basin will be deferred until the time of building permit application. 3. This development shall accept the financial responsibility associated with the additional 8 inch water main construction or waive their right to objection if installed under a City contract. 4. All standard platting conditions shall be adhered to. 5. This plat shall be subject to a parks dedication fee according to City requirements. All voted yea. SEE PLAT FILE 10 Council Minutes December 16, 1986 DAKOTA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING Tom Hedges presented to the City Council an application for the Dakota County HRA for housing and rehabilitation funds in the amount of $285,000.00 which would serve approximately 37 owner-occupied households in the Community Development district. The project would provide low interest deferred loans for low and moderate income homeowners, according to Dale Runkle, the City Planner. A Resolution was presented and recommended to be approved. It was noted that in prior years, the funding was used for housing retrofit and for the Robert Lewis Home. Egan moved, Ellison seconded the motion to approve the Resolution for the funding program for 1987 as presented. All voted in favor. Councilman Smith recommended the use of the funds in the future be set up to benefit the community at large, rather than specific persons within the community. LEXINGTON HILLS ADDITION - FINAL PLAT APPROVAL The application of Lexington South, Inc. for final plat approval of Lexington Hills Addition, located east of Lexington Ave. and north of Diffley Road came before the Council for its consideration. The plat appeared to comply with all City requirements. However, the Dakota County Plat Commission recommended that the intersection of Lexington Way with Lexington Ave. be removed and a cul-de-sac at the north end of Lexington Way be installed. The elimination of the intersection is necessary to maintain the County spacing guidelines between connecting intersections on County Roads, due to the location of the proposed new major entrance into the Lexington Hills complex. Mr. Colbert noted that the alternate would be to place the apartment complex entrance southerly 70 feet and the County also requested access through the church property on the south side of the project. Jim Curry indicated that the developer will dedicate the trailway easement along Lexington Avenue and had escrowed $15,000.00 for the construction of a cul-de-sac which would be built at the developer's cost. Several neighboring property owners were present with questions regarding the design of the roads in the general area. Councilmembers also had concerns regarding the grade of Diffley Road and access to Lexington Way and suggested a possible east-west road from Lexington Avenue to Lexington Way through the unplatted parcel of property. Mayor Blomquist recommended that all affected property owners be notified regarding the cul-de-sac proposal. Ellison moved, Wachter seconded the motion to continue the application until the next regular meeting to allow the affected neighboring residents/owners to be notified and further, to continue discussions with Dakota County regarding the proposed reconsideration of the cul-de-sac request. All voted yes. After further discussion, Smith then moved, Ellison seconded the motion to reconsider the prior motion. All voted in favor. R 86-97 11 Council Minutes December 16, 1986 Following extended discussion, Smith moved, Ellison seconded the motion to approve the application for final plat, noting that the County is requiring the City to violate its 500 foot minimum cul-de-sac requirement. Councilman Egan argued that the County has changed its policy regarding cul-de-sacs. Mayor Blomquist was opposed to the motion and recommended further discussion with the County representatives. All members voted yes except Blomquist who voted no. Councilmembers then discussed the proposed installation of an east-west street as recommended above, which would then lessen the impact of the cul-de- sac on Lexington Way. EAGANDALE OFFICE PARK 3RD ADDITION - FINAL PLAT APPROVAL The application of Opus Corporation and Northwestern Mutual Life Insurance Company for final plat approval of the Eagandale Office Park 3rd Addition came to the Council for review. Dale Runkle briefly introduced the application and Bob Worthington of Opus Corporation was present. Mr. Worthington explained that the original plat was proposed with a private cul-de-sac and that the proposal now provides for a private cul-de-sac. There was a question whether the cross-easement over the private cul-de-sac should be required as recommended by the Public Works Director. After discussion, Smith moved, Wachter seconded the motion to approve the application requiring the cross- easement. Ellison then moved, Egan seconded the motion to amend the original motion to exclude the cross-easement. All voted yes. Then all members voted in favor of the original motion as amended. R 86-98 1986 PARKS CONSTRUCTION PROJECT - CONTRACT #86-1 Egan moved, Smith seconded the motion to approve Change Order No. 2 for Improvement Contract #86-01 for Central Landscaping, Inc. in the amount of $7,763.93 and authorize the Mayor to execute the change order. All voted yea. GREENSBORO ADDITION - CONTRACT #86-14 Change Order No. 1 providing for additional payment to the contractor for extra work necessary to improve the subgrade within the public right-of-way of Greensboro Addition was presented and Change Order No. 2 for the installation of four new sewer and water services installed within Highview Avenue was next heard. Ellison moved, Wachter seconded the motion to approve Change Orders No. I and No. 2 to Contract #86-14 consisting of Greensboro Addition and Highview Avenue and authorize the execution of the appropriate documents. All members voted yes. 12 December lb, 193b Council Minutes ` rl HAEG ADDITION - CONTRACT #85-J Contract #85-J consisting of the Haeg Addition improvements were submitted for approval and Ellison moved, Egan seconded the motion to approve the contract and accept the improvements for perpetual maintenance. All members voted in favor. SUNSET 6TH ADDITION - CONTRACT #86-V Contract #86-V for the Sunset 6th Addition streets and utility improvements done on a private basis were submitted and recommended to be approved. Egan moved, Wachter seconded the motion to approve Contract #86-V and accept the improvements installed under the Contract for perpetual City maintenance purposes. All members voted affirmatively. BUILDING CONTRACTOR LICENSING -.CODE SECTION 6.42 City Administrator Tom Hedges stated that effective January 1, 1983 a license, bond and insurance requirement for all construction, alteration or repair of buildings was enacted as an ordinance. For the past four years, the City has required contractor licenses, performance bonds and liability insurance. The Building Inspection Department has found that it's been a very labor intensive exercise for its staff, and the City staff has raised questions regarding the validity of the performance bond. A meeting was held including Councilmember Wachter, Chief Building Official Peterson, Assistant Building Official Reid and City Administrator Hedges on December 11, 1986 and it was recommended that the Contractor licensing be abolished for a number of reasons. After discussion, Wachter moved, Egan seconded the motion to approve amending Section 6.42 by abolishing the construction, alteration or repair of buildings license, bond and insurance provision of the City Code, and authorize the implementation of these revisions to the Code, including the following reasons: 1. The performance bond does not serve any purpose for either the homeowner or the City if faulty workmanship should occur by a builder or contractor. 2. It was determined that the City may be increasing its liability exposure by requiring notice of insurability by each builder, if there is a claim made any time during the construction of a building. 3. The Building Inspection Department has indicated that when a contract license is granted, the City must issue bulding permits to the builder regardless of the builder's performance, unless the contractor's license is revoked by the City Council. All members voted yea. THOMAS LAKE HOUSING SUPPLEMENTAL REGULATORY AGREEMENT Mr. Hedges explained that the Tax Reform At of 1986 has imposed certain requirements on multi-family projects including the Thomas Lake Pointe Project which was granted multi-family housing revenue bonds by the City. It is necessary for the project to avail itself of certain transitional status concerning depreciation allowances and a letter from Jack Safar of Dominium Corporation and a proposed Supplemental Regulatory Agreement was submitted and recommended that it be approved by the Council. Councilman Smith questioned which agency would monitor the 10% cap on the profit to be made by the developer, and Mr. Hedges stated the County HRA will assist the City in monitoring such issues. Smith moved, Egan seconded the motion to approve the Supplemental Regulatory Agreement as presented. All members voted yes. 13 Council Minutes December 16, 1986 OUTLOT N, LONE OAK ADDITION - VACATION OF UTILITY & PONDING EASEMENT It was pointed out that it was not necessary to vacate the utility and ponding easements under Outlot M of Lone Oak Addition because, according to the staff, the easements had not been recorded. Therefore, Wachter moved, Egan seconded the motion to rescind the action to vacate the easements as described and to rescind the public hearing scheduled for January 20, 1987. All voted in favor. ADDITIONAL CONSENT AGENDA The following personnel items were requested to be reviewed and approved by the City Council. 1. Personnel Items: a. Seasonal Skating Rink Staff. Schedule of returning staff, experienced summer staff and new staff for the seasonal skating rink staff were presented and recommended to be approved. b. Temporary Park-Time Clerk Typist. It was recommended that the resignation of Denise Christensen be accepted and that the staff be authorized to advertise for a replacement for the temporary clerk-typist position in the Planning Department. 2. Woodgate Lane - Street Lights - Project #490. A Petition was received from 11 of 17 property owners on Woodgate Lane requesting installation of street lights for that portion of Mallard Park 2nd Addition. It was recommended that the Council receive the Petition and authorize the preparation of the feasibility report for Project 9490, street lights. 3. MnDOT Speed Study Request. It was recommended that the Resolution requesting MnDOT District #9 to perform required speed studies necessary to designate the proper speed limit of those streets referenced in Exhibit "A" attached to the Resolution be approved by the City Council. Wachter moved, Egan seconded the motion to approve the three foregoing consent agenda items and authorize their implementation. All members voted in favor. R 86-99 BROADWAY PIZZA - AMUSEMENT DEVICE LICENSES It was recommended that the amusement device license to allow for the installation of two video games at the Broadway Pizza in the Cedar Cliff Shopping Center be approved. All members voted yes, except Wachter who voted no. 14 Council Minutes December 16, 1986 c GUN CLUB LAKE WATERSHED MANAGEMENT ORGANIZATION Tom Colbert stated the Gun Club Lake WMO has been proceeding with the preparation of the required watershed management plan in anticipation of scheduling a public meeting to be held in March of 1987 to present to the public a draft plan and solicit their input regarding specific management issues that should be addressed through the completion of the plan. He asked for any comments from the City Council. No specific action was taken. DEERWOOD DRIVE - PROJECT #455 Staff explained to the Council that as part of the upgrading of Deerwood Drive, it was necessary to acquire permanent and temporary construction easements. A Commissioner's hearing had been held regarding the Floyd and Victoria Bryant property at the northwest intersection of Deerwood Drive and Pilot Knob Road, with a Commissioner's award of $10,066.00, the City appraised damages of $5,700.00 and Owner's appraised damage of $19,142.00. The City Attorney requested Council approval or denial of the Commissioner's award determination. Upon motion by Egan, seconded Smith, it was resolved that the Commissioner's award for the acquisition of the easements under Project #455 in the amount of $10,066.00 be approved. All members voted yes. BUROW POND AP-50 - CLIFF ROAD Tom Colbert explained that on February 4 and March 4, 1986, public hearings were held to discuss the proposed storm sewer outlet for Pond AP-50 Burow Pond. The public hearing was continued because an acceptable alignment for the storm sewer outlet could not be agreed upon and in the Spring of 1986, the pond level rose significantly. Developers Construction has submitted a bill for pumping the pond in the sum of $3,105.00 but Mr. Colbert indicated that no record of a telephone call to the City had been found requesting City assistance in pumping the pond. Blomquist moved, Wachter seconded the motion to direct the staff to review the issue to a greater extent and return to the City Council with a recommendation. All voted in favor. POLICE SQUAD CAR BIDS The City has received the Hennepin County bid for the purchase of police patrol cars at $11,421.00 per vehicle. Upon motion by Smith, seconded Wachter, it was resolved that the Council authorize the order of the squad cars through the Hennepin County Purchasing Program from Thane Hawkins, Polar Chevrolet, for 8 vehicles at $11,421.00 per vehicle. All members voted yes. DNR REQUEST FOR SPECIAL HUNT Mr. Hedges indicated that the DNR has now contacted the City Council and has withdrawn its request for proposed special deer hunt from December 22 through December 31, 1986. No action was taken. 15 Council Minutes December 16, 1986 MASAC MEETING WORK PLAN - JANUARY 27, 1987 There was discussion by the City Council members regarding a MASAC meeting scheduled for January 27, 1987 and it was recommended that representatives of the City be present, together with Administrative Assistant Hohenstein to make public comment at that meeting regarding air noise in the Eagan area. CITY HALL RECYCLING SERVICES A recommendation was made by the staff that the proposal of Rohn Industries for office paper recycling services for the City offices be approved. Smith moved, Wachter seconded the motion to approve the recommendation. All voted in favor. TOWN CENTRE 70 - PARKS CONTRIBUTION Tom Hedges indicated that the merchants of the Town Centre 70 shopping center, through Federal Land Company, have proposed a gift of $10,000.00 for use by the Park and Recreation Commission of the City. After discussion, Egan moved, Smith seconded the motion to accept the gift for the Park and Recreation use but to hold it in a trust account or escrow account until the City can review the potential for an independent foundation to formally accept and utilize the funds. All members voted yes. COMPARABLE WORTH STUDY Mr. Hedges discussed with the City Council ranges for comparable worth purposes for City employees. Egan moved, Wachter seconded the motion to approve the comparable worth plan as recommended and presented to the City Council. All members voted in favor. CHECKLIST Upon motion by Wachter, seconded Egan, it was resolved that the Checklist be approved, dated December 16, 1986 in the amount of $618,469.13. All members voted affirmatively. & November 30,1986 in the amount of $845,683.49. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 1:00 a.m. All members voted yes. PHH C City rk 16