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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 PAGE 2/EAGAN CITY COUNCIL MINUTES 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. PAGE 3/EAGAN CITY COUNCIL MINUTES 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. r T PAGE 4/EAGAN CITY COUNCIL MINUTES 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. PAGE 5/EAGAN CITY COUNCIL MINUTES 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 PAGE 6/EAGAN CITY COUNCIL MINUTES 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 PAGE 7/EAGAN CITY COUNCIL MINUTES 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) PAGE 8/EAGAN CITY COUNCIL MINUTES 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. PAGE 9/EAGAN CITY COUNCIL MINUTES 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. PAGE 10/EAGAN CITY COUNCIL MINUTES 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. PAGE 11/EAGAN CITY COUNCIL MINUTES 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. PAGE 12/EAGAN CITY COUNCIL MINUTES 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.