06/15/1993 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
Eagan, Minnesota
June 15, 1993
A regular meeting of the Eagan City Council was held on Tuesday, June 15, 1993, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also
present were City Administrator Hedges, Acting Community Development Director Jon Hohenstein, Director
of Public Works Tom Colbert, and City Attorney James Sheldon.
City Administrator Hedges suggested that if time permitted and in order to have the Chief of Police
available for questions, the City Council may wish to consider the Juvenile Detention Facility item from the
Legislative/Intergovernmental Affairs agenda section, under Department Head Business. Also, Finance
Department Administrative Assistant, Liz Witt, would be attending the meeting in order to share an award she
recently received from the League of Minnesota Cities. Liz' award was the first C. C. Ludwig Award for
Leadership given to an appointed official. Mr. Hedges also mentioned that a request to waive the fee for
Thomas Lake pavilion would be discussed at the end of the meeting.
Wachter moved, Hunter seconded, a motion to approve the agenda for the June 15, 1993, regular City
Council meeting as amended. Aye: 5 Nay: 0
REGULAR MEETING JUNE 1, 1993
Councilmember Hunter recommended the following changes to the minutes of the June 1, 1993, regular
City Council meeting:
Page 5, new first paragraph as follows:
"Several Councilmembers cited the 107 persons opposing petition as sufficient reason for denial.
Councilmember Hunter noted that a brief comparison of the original petition (favoring the feasibility study) and
the opposing petition shows that 70% of the people had changed their minds."
Page 5, new paragraph before the motion regarding Cedar Grove 4th Addition - Streetlights, as follows:
"Councilmember Hunter noted that this project was of similar cost per lot and believed the people in
this neighborhood felt the same as those in the Project 652 area, even without an opposing petition."
Page 7, Paragraph 4, new third sentence as follows:
"After discussion, it was agreed that no one at the City had heard of the landfill before."
Hunter moved, Awada seconded, a motion to approve the minutes of the June 1, 1993, regular City
Council meeting as amended. Aye: 5 Nay: 0
SPECIAL MEETING JUNE 1, 1993
Masin moved, Hunter seconded, a motion to approve the minutes of the June 1, 1993, special City
Council meeting as presented. Aye: 5 Nay: 0
1. a
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June 15, 1993
SPECIAL MEETING MAY 25, 1993
Wachter moved, Awada seconded, a motion to approve the minutes of the May 25, 1993, special City
Council meeting as presented. Aye: 5 Nay: 0
SPECIAL MEETING MAY 4, 1993
Councilmember Hunter recommended the following change to the minutes of the May 4, 1993, special
City Council meeting:
Paragraph 4, Sentence 2, after the word "that," add the following:
that, "if there are no legal impediments,"
Awada moved, Wachter seconded, a motion to approve the minutes of the May 4, 1993, special City
Council meeting as amended. Aye: 5 Nay: 0
PARKS & RECREATION DEPARTMENT/PARK NAMING
Mayor Egan introduced this item as Park Naming for the Parks & Recreation Department. City
Administrator Hedges stated that the park in the Manor Lake neighborhood has never been officially named.
He said naming the park has been reviewed by the Advisory Parks, Recreation and Natural Resources
Commission and it is their recommendation that the park be named Holz Farm Park after the historic Holz
Farm from which a large portion of the property was received.
Councilmember Masin said she thought at one time, in order to have anything named after a person,
that person had to be deceased for over 100 years. Director of Parks & Recreation Vraa indicated that it had
been the practice at one time; however, because this property ownership has been in one family for such a long
time, the park name was suggested for the historical significance of the farm rather than the family name.
Councilmember Wachter also expressed an interest in retaining the informal name of Holz Lake for the
lake near the park. Because the subdivision is called Manor Lake, many people assume that is also the name
of the lake.
Mayor Egan welcomed Mrs. Ella Holz who was in the audience and Ms. Holz expressed how pleased
she would be in seeing the park named Holz Farm Park.
Wachter moved, Awada seconded, a motion to approve officially naming the park currently informally
identified as Manor Lake Park as Holz Farm Park. Aye: 5 Nay: 0
Wachter moved, Awada seconded, a motion directing staff to research whether the lake can also be
officially named Holz Lake. Aye: 5 Nay: 0
POLICE DEPARTMENT/COMMUNITY POLICING/WESCOTT SQUARE APTS
Mayor Egan introduced this item as an update on community policing and the Wescott Square Bike
Patrol Program. City Administrator Hedges provided a brief introduction and acknowledged program support
from Summit Bike and Sport.
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June 15, 1993
Chief of Police Geagan provided the Council with brief background and intent of the bike patrol
program. He introduced Officer Mike Anderson who spoke of the positive reaction they've had to the program
from residents as well as business.
Wachter moved, Hunter seconded, a motion acknowledging the new community oriented policing bike
patrol program and the support received from Summit Bike and Sport for the bike patrol program. Aye: 5
Nay: 0
City Administrator Hedges referenced an article in the Star & Tribune regarding the Wescott Square
Bike Patrol Program and stated that a letter would be sent Summit Bike and Sport thanking them for their
contribution to the program.
JUVENILE DETENTION FACILITY
Mayor Egan noted that this item was moved to this point on the agenda from the
Legislative/Intergovernmental Affairs Update portion of the agenda. City Administrator Hedges indicated that
the proposed resolution was a formal request to the Dakota County Board of Commissioners to continue their
efforts to provide juvenile detention for Dakota County. Chief of Police Geagan stated that the Dakota County
Police Chiefs have become very concerned about the lack of secure space within Dakota County because there
are times when serious or violent offenders are released back into the community prior to court dates.
After further discussion, Hunter moved, Awada seconded, a motion to approve a resolution requesting
the Dakota County Board of Commissioners to continue in their efforts to provide juvenile detention for Dakota
County. Aye: 5 Nay: 0 R-93.39
In reference to Item G, Councilmember Hunter asked whether there was any cost to the City to acquire
tax forfeit property and how often land is declared tax forfeit. Director of Finance VanOverbeke advised there
are no fees involved with the acquisition and tax forfeitures are declared annually. He stated the number of
properties varies from year to year and noted that only one piece of property was available last year and was not
acquired by the City. Councilmember Hunter asked that the size of the property be included with this item next
year.
A. Personnel Items
Item 1. Seasonal Utility Maintenance Workers--It was recommended that the hiring of Dan Robinson
and Darren Wilke as seasonal utility maintenance workers be approved.
Item 2. Proclamation/Donn Smith Day--It was recommended that a proclamation naming June 24,1993,
as Donn Smith Day in the City of Eagan.
Item 3. Change/Personnel Policy--It was recommended that the change to the personnel policy
authorizing the use of sick leave to purchase deferred compensation be approved.
Item 4. Seasonal Tennis Instructors--It was recommended that the hiring of John Hayden and Tara
Roffler be approved as seasonal tennis instructors.
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June 15, 1993
B. License. Plumbers
It was recommended that plumbing licenses for: 1) Joe Bruce Plumbing, Inc., 2) Jim Easter Plumbing,
3) LeVahn Brothers Inc., & The Plumbery, 4) Madsen Plumbing & Heating, 5) Penn Plumbing, and 6)
Sutherlund Plumbing & Heating, Inc., be approved.
C. Parade Permit Application. Eagan Lions Club. July 3. 1993
It was recommended that a parade permit for the Eagan Lions Club be approved for July 3, 1993.
D. License. Shows. Eagan Lions Club. July 1-5. 1993
It was recommended that a shows license for the Eagan Lions Club be approved for July 1 - 5, 1993.
E. License, Non-Intoxicating Malt Liquor. Eagan Lions Club. July 1-4. 1993
It was recommended that a non-intoxicating malt liquor license for the Eagan Lions Club be approved
for the 4th of July Celebration, July 1 - 4, 1993.
F. Donation Request. Fourth of July Celebration Committee
It was recommended that a donation of $1,500 be approved to the Eagan Lions Club for fireworks for
the Eagan 4th of July Celebration.
G. Classification of Tax Forfeit Property
It was recommended that parcels 10-25600-010-00, 10-62750-040-00, and 10-13300-010-02 be declared
as non-conservation land and that parcels 10-03900-010-03, 10-03900-010-07, 10-01100-011-75, 10-01200-011-50,
and 10-45060-020-00 be requested for acquisition for public purposes.
H. Agreement to Lease Antenna Space at Meredith Cable. City of Eagan
It was recommended that an agreement to lease antenna space at the Meredith Cable TV site on old
Sibley Highway be approved.
1. Dakota County Special Assistance Grant Application
It was recommended that the grant application for $17,842 to the Dakota County special assistance grant
program for recycling/waste management needs, be approved.
R-93.40
J. Agreement. Public Safety Mobile Data Communication System. Cities of Apple Valley and Eagan
It was recommended that an agreement for a public safety mobile data communication system between
the cities of Apple Valley and Eagan be continued indefinitely.
K Contract 93-08. Approve Plans /Authorize Advertisement for Bids (Woodlands North 3rd Addition
and Miscellaneous Maintenance Projects)
It was recommended that the plans and specifications for Contract 93-08 (Woodlands North 3rd Addition
& Miscellaneous Projects) be approved and a bid opening scheduled to be held at 10:30 a.m. on Friday, July 16,
1993.
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June 15, 1993
L. Contract 93-01, Approve Change Order #2 (Central Maintenance Facility Expansion - Cold Storage
Building)
It was recommended that Change Order #2 to Contract 93-01 (Central Maintenance Facility Expansion
- Cold Storage Building) be approved and the Mayor and City Clerk authorized to execute all related documents.
M. Demolition, Lexington Park Building
It was recommended that the fire damaged building at Lexington Park be approved for demolition.
N. Final Plat. The Woodlands North Third Addition
It was recommended that the final plat for The Woodlands North Third Addition be approved.
R-93.41
0. Final Plat, Autumn Ridge 3rd Addition
It was recommended that the final plat for Autumn Ridge 3rd Addition be approved.
R-93.42
P. Final Plat. Oak Cliff Pond 2nd Addition
It was recommended that the final plat for Oak Cliff Pond 2nd Addition be approved.
R-93.43
Q. Project 624. Resolution requesting MnDOT Cost Participation (TH 149 & Northwest Parkwax-
Signalization & Intersection Improvements)
R-93.44
It was recommended that the resolution requesting MnDOT cost participation for Project 624 (T.H. 149
& Northwest Parkway - Signalization & Intersection Improvements) be approved and the Mayor and City Clerk
authorized to execute all related documents.
R. Contract 93-09. Approve Plans/Authorize Ad for Bids (CM-Wide Sealcoating - Streets & Trails)
It was recommended that the plans and specifications for Contract 93-09 (City-wide Sealcoating - Streets
& Trails) be approved and the advertisement for a bid opening authorized for 11:00 a.m. on Friday, July 16,
1993.
S. Contract 91-T, Acknowledge Completion/Authorize Maintenance (Fairway Hills 4th Addition -
Streets & Utilities)
It was recommended that completion of Contract 91-T (Fairway Hills 4th Addition - Streets & Utilities)
be acknowledged and perpetual maintenance authorized subject to appropriate warranty provisions.
Hunter moved, Wachter seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay:
0
TOWN CENTRE 70 - 2ND & 11TH ADDITIONS
Mayor Egan introduced this item as vacate utility easements - Town Centre 70 - 2nd & 11th Additions.
Director of Public Works Colbert described the easement and the petition requesting its vacation. He noted that
the easement was required to accommodate the proposed development of Kohl's Department Store. Mr. Colbert
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June 15, 1993
indicated that no objections had been received from the public; however, the City had concerns about vacating
this easement prior to dedicating new easements and prior to receiving a contractual agreement for the relocation
of existing City utilities. Town Centre 70 - 15th Addition has not yet received final plat approval; therefore, Mr.
Colbert asked that the public hearing be closed but action on the vacation continued until such time as the final
plat is approved by City Council action. City Attorney Sheldon has reviewed this process and advised that it
meets public hearing requirements.
There was no one in the audience to address this item.
Hunter moved, Awada seconded, a motion to close the public hearing and continue the vacation of
various drainage and utility easements as described within Town Centre 2nd and 11th Additions until considered
concurrently with the final plat for the Town Centre 70 - 15th Addition. Aye: 5 Nay: 0
HAWTHORNE WOODS 3RD ADDITION
Mayor Egan introduced this item as Project 650, Hawthorne Woods 3rd Addition - Utilities. The City's
consulting engineer, Mark Hanson of Bonestroo, Rosene, Anderlik and Associates described the improvements
and their location. He explained the total cost of the project and the amounts proposed to be assessed. Mr.
Hanson stated that a neighborhood meeting had been held on June 8.
In answer to a question from Councilmember Hunter, Director of Public Works Colbert explained trunk
utility oversizing. There was no one in the audience to address this project.
Noting no objection from those affected by the project, Awada moved, Wachter seconded, a motion to
close the public hearing and approve Project 650, Hawthorne Woods 3rd Addition (Utilities) and authorize the
preparation of detailed plans and specification. Aye: 5 Nay: 0
PROJECT 656/CEDARVALE
Mayor Egan introduced this item as Project 656, Cedarvale Area Access Reconstruction. City
Administrator Hedges provided background on this issue and noted the Cedarvale merchants, the Chamber of
Commerce, and the Economic Development Commission as participants in the process. Acting Director of
Community Development Hohenstein referenced a feasibility study to address some of the access and visibility
problems of the Cedarvale shopping area.
Gary Morgan, Eagan Chamber of Commerce President, presented Mayor Egan with a check for $4,000,
representing one-half of the estimated amount required to perform a feasibility study. Mr. Morgan noted that
raising $4,000 was difficult for the Cedarvale merchants because of the poor business climate in that area. He
then presented a list of 14 items that the Cedarvale merchants would like assistance with (Exhibit A). In
response to road improvements and streetlighting enhancements, Director of Public Works Colbert indicated that
staff could work with the group as to evaluating and petitioning for such improvements. Mayor Egan stated that
changes in signage requirements may be difficult to achieve without lowering the City's standards and thus
perpetuating problems for the area. Mr. Morgan asked that something be worked out whereby merchants could
stretch payment of sign permit fees over a longer period of time. He said paying for an upgraded sign was
difficult for the merchants and even more so when permit fees were added to that cost.
Councilmember Awada noted she personally had problems with the concept of tax increment financing,
however, would look at a proposal. Councilmember Hunter and Mayor Egan both indicated that some changes
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June 15, 1993
in land use for the property south of Beau D'Rue Drive could possibly receive favorable consideration by the
City Council. Councilmember Awada suggested the property may be ideally suited for a budget motel.
Mr. Morgan closed by saying it was crucial to Cedarvale to get better access off Highway 13 and said
a right turn off Highway 13 was the biggest thing that could be done for the area. Councilmember Wachter
indicated it had been tried before but hoped it would be more successful this time.
Awada moved, Masin seconded, a motion authorizing City preparation of a feasibility study jointly
funded by the City and the Cedarvale merchants/Eagan Chamber of Commerce and authorizing staff to continue
to work with the Cedarvale merchants/Eagan Chamber of Commerce on those items listed in Exhibit A. Aye:
5 Nay: 0
RECOMMENDATION/SELF-INSURED WORKERS COMPENSATION
Mayor Egan introduced this item as consideration of a recommendation for self-insured workers
compensation. City Administrator Hedges explained the background behind the recommendation and referred
to the analysis of potential cost savings.
The general reaction to the proposal was favorable with Councilmember Awada cautioning that it be
well funded and Councilmember Hunter asking that costs be broken out as a separate item for annual reporting
purposes.
Hunter moved, Awada seconded, a motion to approve the implementation of self-insured workers
compensation and to approve the engagement of DCA, Inc., as the third party administrator for a self-insured
workers compensation program. Aye: 5 Nay: 0
SELECTION/CONSTRUCTION MANAGER
Mayor Egan introduced this item as the selection of a Construction Manager for the Public
Safety/Municipal Center Expansion Project.
After brief discussion, Awada moved, Masin seconded, a motion to enter into negotiations with E & V,
Inc., as recommended by the interview panel for the construction manager, public safety/municipal center
expansion project. Aye: 5 Nay: 0
SELECTION/ENGINEERING FIRMS
Mayor Egan introduced this item as the selection of Consulting Engineering Firms. City Administrator
Hedges explained the process and indicated that the firms of Bonestroo, Rosene, Anderlik & Associates; Short-
Elliott-Hendrickson; and Maier-Stewart & Associates, Inc., had been recommended by the review committee as
their choices for the pool of general municipal engineering consultants for the City for the next three to five
years. In addition, City staff was authorized to utilize the following firms for specialty areas and technical needs
as staff deems appropriate:
Architectural Services Environmental/Natural Resources
BRW Elness Architects Montgomery, Watson, Inc.
SEH SEH
Orr-Schelen-Mayeron, Inc. (OSM)
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June 15, 1993
Communications Soils & Material Testing
Leonard Koehnen American Engineering Testing, Inc.
SEH Braun Intertec
BRAA Instant Testing Company
Electrical /Mechanical Structural
BRAA SEH
SEH Strgar, Roscoe, Fausch, Inc. (SRF)
Land Surveying Traffic/Transportation
Sundee Land Surveying, Inc. SEH
SEH SRF
MSA
Planning/Studies
SEH
Toltz, King, Duvall, Anderson & Associates (TKDA)
Progressive Consulting Engineering, Inc. (PCE)
In answer to a question from Councilmember Hunter, Councilmember Wachter (who served on the
review committee) stated that the rates charged by each company were very similar with one of those selected
having the lowest rates.
Awada moved, Wachter seconded, a motion to approve the retention of Bonestroo, Rosene, Anderlik
& Associates; Short-Elliott-Hendrickson; and Maier-Stewart & Associates, Inc., as general municipal engineering
consulting firms and other identified firms for specialty and technical needs for the City of Eagan and the Mayor
and City Clerk authorized to execute all related contractual agreements. Aye: 5 Nay: 0
LIZ WITT/LMC LEADERSHIP AWARD
Liz Witt, Administrative Assistant in the Finance Department was present to thank the City Council and
staff for their part in her nomination and selection as the recipient of the League of Minnesota Cities' appointed
official's C.C. Ludwig Award for Leadership. Liz received this award at the League's convention in St. Cloud
last week.
COMPREHENSIVE GUIDE PLAN AMENDMENT/PRELIMINARY PLAT
OAK CLIFF TOWNHOMES
Mayor Egan introduced this item as a comprehensive guide plan amendment for Oak Cliff
Townhomes/Daniel Development, of approximately 10.1 acres from D-IV (Mixed Residential, + 12 Units/Acre)
to D-III (Mixed Residential, 6-12 Units/Acre) and a preliminary plat consisting of 88 townhouse units on
approximately 10.1 acres within the Winkler-Jackson Planned Development located along the east side of Slater
Road north of James Street in the NW 1/4 of Section 31. City Administrator Hedges stated that the item had
been before the Advisory Planning Commission at their May 25,m 1993, meeting and they had recommended
denial of the comprehensive guide plan amendment. Without approval of the comp guide plan amendment, no
action was taken on the preliminary plat.
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June 15, 1993
Acting Director of Community Development Hohenstein explained the application and its location. Mr.
Hohenstein then discussed the actual site plan, building locations and grading of the entire site. He indicated
the selling price of the units would be approximately $70,000.
Dan Hunt, representing the applicant, began by examining the Winkler-Jackson Planned Development
and reviewed this project's conformance to that agreement. He also read a letter from Daniel Development's
attorney, which compared the original planned development with present standards. Mr. Hunt made individual
points as to how and in what instances they meet all requirements of that agreement and then addressed each
of the four Planning Commission reasons for denial. At the end of his presentation, Mr. Hunt indicated that
they believed they could change the plan and save more trees. Because of this change, he stated he wished to
withdraw the proposal and did not wish to go on with any further presentation.
Mayor Egan expressed his confusion at the lack of contact regarding the project prior to this date from
Daniel Development and now Mr. Hunt's request for guidance in the process. After additional discussion, Mr.
Hunt asked for an additional seven days in which to meet the APC's deadline for their July meeting in order to
submit a new plan. Acting Director of Community Development Hohenstein advised that because of notice
requirements, the deadline is usually very strict, however, with five Tuesdays in June, they would consider
deviation from that deadline.
Mayor Egan noted that the site has radical changes in topography and terrain and stated that one of
the reasons behind the comp guided density was to minimize the number of building footprints and thereby save
as many trees as reasonably possible. He told Mr. Hunt that to suggest removal 150 of 160 major trees as a
reasonable approach to this site, was not in keeping with the City Council's intent. Councilmember Masin asked
Mr. Hunt if they planned to grade the entire site and Mr. Hunt said, "yes, that is correct." The Councilmember
said she would never condone that. Councilmember Awada said it should be clear how the Council feels about
a new plan.
Hunter moved, Wachter seconded, a motion to approve the withdrawal of the plan for Oak Cliff
Townhomes/Daniel Development and allow their reapplication for a new plan on the site described as 10.1 acres
located within the Winkler-Jackson Planned Development, at the east side of Slater Road, north of James Street
in the NW 1/4 of Section 31. Aye: 5 Nay: 0
REVIEW SITE PLAN/TOTAL MART
Mayor Egan introduced this item as review site plan for Total Mart, 4206 Nicols Road (Lot 19, Block
8, Cedar Grove 2nd Addition). Acting Director of Community Development Hohenstein explained the request
to remove an existing 1,000 gallon propane tank from the south property line of Total Mart and install a 700
gallon tank at the northwest comer of the site. Mr. Hohenstein pointed out existing distances, the proposed
relocation, and the fencing and landscaping.
Marty Gergen, of Marv Anderson Homes, was present and stated that the propane tank location is
holding up FHA mortgages for the entire Meghans Addition. He said the relocation could have been
accomplished sooner had they been made aware of FHA's requirement prior to closing on the mortgages. Mr.
Gergen stated that while Totat Mart was the applicant, Marv Anderson Homes would be paying for the
relocation.
The Council indicated they were pleased at the opportunity to see landscaping at the Total Mart Site
improved. Councilmember Wachter -suggested staff work with both parties to see that acceptable materials are
used in the landscaping and the fencing for the tank.
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June 15, 1993
Wachter moved, Hunter seconded, a motion to approve a request from Marv Anderson Homes to
remove an existing 1,000 gallon propane tank at the Total Mart site at 4206 Nicols Road and to replace it with
a 700 gallon Tank at the northwest corner of the site subject to the site plan being revised to include additional
landscaping and a fence reviewed and approved by City staff prior to starting any site work. Aye: 5 Nay: 0
DUPLEX LOT SPLIT/DIEDRICH BUILDERS
Mayor Egan introduced this item as a waiver of plat, duplex lot split for Diedrich Builders, Lot 3, Block
5, Vienna Woods, 2050 and 2052 Kings Road. City Administrator Hedges indicated that the request is routine
but if approved, the City Council may wish to stipulate the provision of separate utilities as the applicant has
agreed to do prior to closing. A representative of the building was present and indicated Diedrich Builders were
in agreement with the condition.
Awada moved, Wachter seconded, a motion to approve a waiver of plat for a duplex lot split for
Diedrich Builders for property located at 2050 and 2052 Kings Road subject to the following conditions:
1) Separate utilities shall be provided to each unit.
2) Utility work shall be completed prior to recording at Dakota County.
3) Proper easements shall be provided over all utility lines.
4) The existing water service shall be turned off at the existing water main.
5) All applicable Code requirements.
Aye: 5 Nay: 0 R-93.45
DAKOTA COUNTY CIP/COMMENTS
Mayor Egan introduced this item as comments on the Dakota County five-year Capital Improvements
Program. Director of Public Works Colbert presented recommendations for additions and modifications to the
County's plan. Council briefly discussed signalization of Wescott at Pilot Knob Road and the timing of future
improvements to Lone Oak Road. Mayor Egan voiced his hope that a number of issues could be worked out
regarding Lone Oak Road before getting too far into the process.
After brief discussion, Wachter moved, Masin seconded, a motion to approve formal comments which
will be sent to Dakota County regarding the proposed CIP noting that the City wishes to look at the costs
associated with the projects. Aye: 5 Nay: 0
JUVENILE DETENTION FACILITY
The Juvenile Detention Facility item was moved to Department Head Business with the approval of the
agenda.
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June 15, 1993
CITY ADMINISTRATOR/AGREEMENT FOR ARBITRATION (MWCC)
Mayor Egan introduced this item as an agreement for arbitration. City Administrator Hedges explained
that the City has been working with the Metropolitan Waste Control Commission regarding the Seneca expansion
project for several years. A dispute has arisen regarding costs owed the City by the MWCC and all remedies
have been exhausted. Therefore, it is staffs recommendation that the dispute be referred to binding arbitration.
Wachter moved, Awada seconded, a motion to approve action that will allow the City and the MWCC
to enter into an agreement for arbitration to resolve an outstanding balance on a development
contract/development escrow agreement between the two parties. Aye: 5 Nay: 0
CITY ADMINISTRATOR/FINAL PLAT EXTENSION
. EAGAN ELEMENTARY SCHOOL #17
Mayor Egan introduced this item as a final plat extension for Eagan Elementary School #17 (Glacier
Hills Elementary).
Awada moved, Wachter seconded, a motion to approve an extension of the final plat for Eagan
Elementary School #17 (Glacier Hills Elementary) through July 2, 1993. Aye: 5 Nay: 0
SPECIAL CITY COUNCIL MEETING
Awada moved, Wachter seconded, a motion to schedule a special meeting of the Eagan City Council
for June 22, 1993, at 5:00 p.m., for purposes such as: 1) meeting jointly with the Advisory Parks, Recreation and
Natural Resources Commission, 2) video vehicle detection systems, and 3) activity based costing, as well as other
issues as time permits. Aye: 5 Nay: 0
Councilmember Wachter will not be able to attend.
RECONSIDERATION/CEDAR GROVE 4TH-STREETLIGHTS
Deb Scheerz, 2043 Copper Lane, stated that at the last City Council meeting, because of lack of
attendance, streetlights in Cedar Grove 4th Addition had been denied by the City Council. Ms. Scheerz said
most of the people in her neighborhood assumed that the original petition regarding streetlights was also their
vote so many did not attend. She further stated that a letter received from the City referring to limited seating
at City Hall, added to discouraging their attendance. After listing reasons in favor of the streetlights, Ms.
Scheerz said 400+ dollars, spread over 15 years is a small amount. She submitted a petition and asked
reconsideration of Council's decision.
Director of Public Works Colbert noted that the petition submitted contained 30% of the signatures
from the Cedar Grove 4th Addition project area. It was pointed out that in order to initiate an improvement,
35% of the property owners in the project area must petition for the improvement and then receive a 3/5th vote
of the Council to approve for assessment. If the City initiates consideration of an improvement, it requires 4/5th
of the Council to approve the project for assessment. Councilmember Awada advised Ms. Scheerz that the
original petition from the Cedar Grove 4th neighborhood was for the feasibility report not the actual. project.
She suggested that if Ms. Scheerz obtained a majority petition, it was possible the Council would reconsider.
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June 15, 1993
Discussion then continued and increased costs were addressed. Director of Public Works Colbert stated
that Northern States Power Company sets the installation schedule and if street restoration in the area is already
completed, the costs may change.
Mayor Egan referred to the petition received from Cedar Grove 3rd and noted that 70% of the property
owners were opposed to that project which cost only $30-$40 more. He said Cedar Grove 4th paralleled the 3rd
Addition so much that when they did not see strong support for the project in the audience, they voted to deny.
Ms. Scheerz asked why streetlights were not included with the street project. Mayor Egan explained that when
cost estimates came in for the road work, rather than add the cost of the streetlights to that assessment, the
Council decided to allow the streetlights to be petitioned for.
Ms. Scheerz stated that the homeowners along Nicols Road do not want streetlights because they claim
there is already enough light from the commercial properties along Nicols. She asked why they couldn't leave
these properties out of the project area. Director of Public Works Colbert explained City policy regarding the
installation of streetlights in existing neighborhoods. After noting that streetlights add to a sense of
neighborhood and that determining where benefit begins and ends is often very difficult, Mr. Colbert referred
to requirements that all like properties must be treated in a similar manner.
Hunter moved, Wachter seconded, a motion authorizing revision of the feasibility report for Project 653
(Cedar Grove 4th Addition - Streetlights) and scheduling a new public hearing for July 20, 1993. Aye: 5 Nay:
0
608 DIFFLEY ROAD/SANITARY SEWER SERVICE
Ann Tubbs of 608 Diffley Road addressed the Council regarding concerns she and her husband have
about sanitary sewer access to their home. Initially she was told they would have the opportunity to decide
whether they wanted sanitary sewer service to their property but now, because of changes in where surrounding
properties take service from, they and their neighbor (Larry Oldenberg) may not have that access.
Director of Public Works Colbert summarized the situation regarding this property and the associated
costs. Mr. Colbert said it had come down to when should sewer service be installed and how should the costs
be handled. He said the original plan was to assess the benefitted property 100% for installation; however,
because of the increased costs of bringing service such a long distance for just two properties, the cost to the City
may be as high as $12,000 or that amount above what can reasonably be assessed. Mr. Colbert stated that the
Tubbs' and the Oldenberg's have indicated they would sign a waiver and agree to the assessments and mentioned
the Heuer property on Diffley may also be included with the installation. Mayor Egan said he would prefer to
see sanitary sewer go in rather than have properties excluded from the system; the rest of the Council agreed.
Director of Public Works Colbert stated that a change order to the Diffley Road project would be forthcoming
and that staff would proceed with this preliminary approval.
FOURTH OF JULY CELEBRATION
Dave Monson, a member of the Lions Club who lives at 4368 Sandstone Drive, provided information
regarding the upcoming 25th Anniversary of the 4th of July Celebration in Eagan.
One item he wished to discuss was previous problems they have encountered in setting up the carnival
in advance because of games scheduled at Rahn Park. To assure safety, he suggested they erect a snow fence
to separate the two activities. He said they will work with staff to find a solution agreeable to both parties. Mr.
Monson also stated that the Celebration is outgrowing Rahn Park and they may want to look at other locations
in the future. Councilmember Wachter suggested a location closer to the high school.
PAGE 13/EAGAN CITY COUNCIL MINUTES
June 15, 1993
Hunter moved, Wachter seconded, a motion for staff to work with the Lions Club regarding a
compromise between activities at Rahn Park and set up of the carnival for the 4th of July Celebration. Aye:
5 Nay: 0
ROUNDS ADDITION
Acting Director of Community Development Hohenstein informed the City Council that the Dakota
County Plat Commission had again denied access to the Rounds Addition. The City Council expressed their
dismay at the County's actions and authorized staff to become involved to a limited degree.
ROTARY INVITATION
City Administrator Hedges extended an invitation to the City Council from the Eagan Rotary regarding
activities between 12:00 and 1:30 p.m., on June 23, at historic Town Hall. The Rotary Club's exchange student
from Hungary, Barbie Szunyi, lost her grandparents this year while she took part in the exchange program.
Because of the Rotary's part in restoring the Town Hall, they thought it an appropriate site for a tree that will
be planted as a living memorial for Barbie as well as the exchange program itself.
HISTORICAL ITEMS/FRANCIS FRANZ FARM
Councilmember Wachter asked that staff contact the family of Francis Franz regarding any items that
may hold historical interest to the City that may be displayed in the old Town Hall.
DAMAGE CLAIM POLICY
Mayor Egan related a telephone conversation he had with a resident who claimed damage to her vehicle
because of a pothole in the street. The claim had been rejected by the City's insurance company and the Mayor
asked the City Attorney to research such issues as to the City's liability and perhaps the formulation of some type
of uniform public policy. City Administrator Hedges suggested that Director of Finance VanOverbeke and Doug
Gronli from the LMCIT be included in researching this issue.
FLAG DAY/COLDWELL BANKER
TOUR/COCA COLA FACILITY
Councilmember Masin thanked Coldwell Banker for placing the United States flag along streets in
Eagan in honor of Flag Day. She also thanked Coca Cola and the Chamber of Commerce for a tour of the Coca
Cola facility.
U OF M SEMINAR/TRANSPORTATION
Councilmember Masin referred to a letter sent to the University of Minnesota regarding a seminar on
transportation issues. In response to the University's suggestion that more of the community become involved,
the Councilmember recommended that the Minnesota Valley Transit Authority co-sponsor the seminar. A
seminar would be planned for this fall. The Council concurred.
MVTA/PARK & RIDE
Councilmember Masin advised that Beverly Miller of the MVTA had requested feedback on whether
the berms screening the Park & Ride sites should be removed to increase the lots' visibility for security purposes.
..f
PAGE 14/EAGAN CITY COUNCIL MINUTES
June 15, 1993
Councilmember Wachter stated that the berms were in place by request. Neither Councilmember Wachter nor
the rest of the Council indicated any interest in seeing them removed.
. RECREATIONAL FACILITY/WADING POOL
A question arose as to the amount of funding Council allotted for the wading pool portion of the
proposed recreational facility. Councilmember Awada suggested reviewing the minutes but her recollection was
that $50,000 was allotted with the City funding the entire amount.
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist dated June 10, 1993, in the amount
of $1,888,848.63. Aye: 5 Nay: 0
ADJOURNMENT/EXECUTIVE SESSION
The regular meeting of the Eagan City Council was adjourned to executive session for the purposes of
discussing pending litigation at 10:40 p.m. Those in attendance were: Mayor Egan, Councilmembers Awada,
Hunter, Masin, and Wachter, City Administrator Hedges and City Attorney Sheldon. The executive session
adjourned at 11:00 p.m.
KF
CITY OF EAGAN
E. anOverbeke
City lerk
If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact
the City of Eagan, 3830 Pilot Knob Road, Eagan MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535).
Minutes of June 15, 1993
Listing of Things That Need City Assistance to be Accomplished in the Cedarvale Area
The Cedarvale Area merchants have banned together to help redevelop the area. It has
been coordinated through the Eagan Chamber of Commerce and I, Gary Morgan,
personally have facilitated these meetings in action. We need city help to accomplish
this. We are willing to work in a partnership with the City to improve the area. A list of
concerns had developed and are listed below. They need use of staff time and volunteer
time to be accomplished. The main thing we are asking for today is the go ahead on the
roadway feasibility study and your authorization of staff time to work on the listed items.
1) Road Repair - Prepare to and resurface Cedarvale Drive (the one block long road
from Rahn Road to Cedarvale Mall).
2) Mowing Schedule for Area - Please provide us with the current mowing schedule
for the Cedarvale area. Also provide a cost of each mowing so we can review this
and possibly pay the City to mow the area more often so that the area can look
better. We do realize there are an awful lot of ditches in the area that can use
some attention.
3) Slater Property Usage - A review of the Slater Property and the present use of the
property. In other words, how can the City and/or community and/or Cedarvale
merchants use that area.
4) Lighting - Review of the street lighting in the area. Have staff and/or suppliers
suggest improvements in lighting to increase visibility in and of the area. This will
help increase consumer traffic and hopefully decrease crime in the area.
5) Police Presence - Possibility of a more concentrated police effort in the area.
Patrols to help discourage the problems that we have had developed with the
youth and the crimes around the Cedarvale Mall itself. Pat Gagen has addressed
the merchants in the area and the Cedarvale Mall have made some moves but an
increased presence in the area for a period of time may help in deterring people
from that area. This may already be in process.
6) Excess Frontage Road - Review the excess road, Cedarview Drive, which is the
old frontage road off 13. Otherwise the staff to look at use of the land, the excess
frontage road, the ditches and see if there is a way of reconfiguring the roadways,
selling land, making another lot or what would work best for that area versus just
ditches and additional roadways for the City to maintain.
7) Bike Path - It is our understanding that hopefully a bike path will be fully
connected through or cross the Cedarvale bridge and connected to our bike trails
of Eagan. We welcome this and hope a trail head can be authorized in the
Cedarvale area; hopefully in the large ditch areas off of Highway 13 in front of
Cedarvale or the Silver Bell Shopping Center so that the City can reclaim and
Cedarvale Redevelopment
June 15, 1993
Page 2
better utilize the land for the area. It is our understanding the State will not let the
City have the property unless it has a specific use for the property. There is a lot
of excess right way that can be put to much better use.
8) Sig-age - Direct staff that is involved in sign inspection and permit authorizations
to develop an overall sign plan with some variances from city code to help draw
traffic from Highway 13 and Cedar Avenue. Also consider special treatment to
allow lower fees and to cooperate wholy to change individual signs to allow good
looking signage on each business.
9) Old Frontage Road - Review of the roadway that the Sinclair Property owns. It
runs in front of the old Pizza Hut, Eagan Tap, Ace Hardware. See if anything can
be done with it the current roadway. (removal or resurfacing)
10) Burned Structure - Review of the burnt down structure across from the Goodyear
Store. Currently it is an empty hole. This is a safety concern especially with
school out for the summer.
11) Highway Berm - Authorize staff to help Cedarvale Merchants in conducting
community meetings inform the residents then encourage MNDOT to lower the
berm that blocks the view to Cedarvale from Cedar Avenue.
12) Special Service District - Authorize staff time to help review the need for a special
service district in the area. This will help pay for the extra mowing and lighting
through a minor property tax increase to the property owners in the area. It needs
legislative approval to establish, and approval of most property tax owners to set
up district. We need the action to start now to be able to have it introduced to the
State legislature by representative Tim Pawlenty.
13) Redevelopment District - Authorize the staff to work with Cedarvale merchants to
look at Cedarvale as a redevelopment district, which may possibly make use of
special redevelopment funds and to review that if it is a viable alternative.
Cedarvale merchants are currently accumulating funds to help pay for consulting
fees in this area and would like to work jointly or closely with city staff to help
coordinate efforts to help make this happen.
14) Land Use - Any other thoughts are welcome on better utilization of land in the
area especially the land south of Beau D'Rue Drive.