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07/02/1991 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota July 2, 1991 A regular meeting of the Eagan City Council was held on Tuesday, July 2,1991, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. A MAP City Administrator Hedges recommended that one item be added to Department Head Business. He said that Police Officer Mike Schrader had a statement he wanted to make personally to the City Council regarding the action the City took in his and Officer Bill White's behalf while they served in Operation Desert Storm. Wachter moved, Gustafson seconded, a motion to approve the agenda for the July 2, 1991 regular City Council meeting as amended. Aye: 5 Nay: 0 m. McCrea moved, Wachter seconded, a motion to approve the minutes of the May 15, 1991 Special City Council meeting as presented. Aye: 5 Nay: 0 Councilmember Pawlenty recommended the following changes to the minutes of the June 18, 1991 regular City Council meeting- Page 6, last paragraph, second sentence, replace "assessment-backed expectations" with "investment- backed expectations." Page 6, last paragraph, second sentence, replace "higher and better" with "more intense." Page 6, last paragraph, third sentence, add the following phrase: "so the City Council would not be forced to grant a higher use based on the assessments." Gustafson moved, Wachter seconded a motion to approve the minutes of the June 18, 1991 regular City Council meeting as amended. Aye: 5 Nay: 0 STATEMENT/MIKE SCHRADER After introduction by Chief of Police Pat Geagan, Police Officer Mike Schrader thanked the City Council for the support he and Officer Bill White received while they were stationed overseas during Operation Desert Storm. Officer Schrader said that many other reservists were concerned about coming home to a job and received little assistance from their employers. He said he and his wife were extremely grateful and added that it was a pleasure to work for the City of Eagan. In turn, Mayor Egan and the City Council expressed the City's thanks to Officer Schrader. Page 2/EAGAN CITY COUNCIL MINUTES July 2, 1991 FINANCE DEPARTMENT/ANNUAL FINANCIAL REPORT Mayor Egan introduced this item as the 1990 Comprehensive Annual Financial Report. City Administrator Hedges said that the comprehensive annual financial report was prepared by the Department of Finance each year and then audited by the firm of Deloitte and Touche. After reviewing the composition of the report, Director of Finance VanOverbeke introduced Jeff Radunz and Megan Tully from Deloitte Touche. Mr. Radunz then reviewed the report with his firm's observations and recommendations. The Director of Finance was recognized for having received an excellence in financial reporting award for the seventh year in a row. McCrea moved, Gustafson seconded, a motion to adopt the 1990 Comprehensive Annual Financial Report. Aye: 5 Nay. 0 A. Personnel Items Item 1. Seasonal Recreational Worker/Information Item--It was recommended that the hiring of Benita Sollar as a Seasonal Recreation Worker be ratified. Item 2. Resignation/Head Building Maintenance Worker--It was recommended that the resignation of Terry Gilsrud, Head Building Maintenance Worker, be accepted and hiring procedures authorized to fill the vacancy. B. Curbside Recycling Containers. Approve Specifications/Authorize Advertisement for Bids It was recommended that the specifications be approved and the advertisement for bids authorized for curbside recycling containers. C. University of Minnesota/Relocation of Geese from City Parks It was recommended that a request by the University of Minnesota Department of Fisheries and Wildlife to relocate geese from O'Leary, Kettle and Cedar Pond Parks in the City of Eagan be approved. D. License Renewals/Service Stations It was recommended that the service station permits be approved for renewal as presented. E. License Renewals/Amusement Devices It was recommended that the amusement device renewals be approved as presented. F. License Renewals/ =ambling. Burnsville Optimist Club It was recommended that the gambling license renewal for the Burnsville Optimist Club as presented. R-91.38 G. Licenses. Plumbers It was recommended that the plumbers licenses be approved as presented. A . Page 3/EAGAN CITY COUNCIL MINUTES July 2, 1991 H. Change of Meeting Date/September 19. 1991. City Council Meeting It was recommended that a change of meeting date be approved for the second meeting of September from September 19, 1991, to September 16, 1991. 1. Resolution. Designation Cedar Ridge Christian Church as a Polling Place in Precinct 14 It was recommended that a resolution designating Cedar Ridge Christian Church as the polling place in Precinct 14 be approved. R-91.39 J. Contract 91-05. Receive Bids/Award Contract (Willbrook Addition) It was recommended that the bids for Contract 91-05 (Willbrook Addition - Streets & Utilities) be received and consideration of contract award continued until final plat approval or August 6, 1991, whichever occurs first. K. Contract 91-07. Receive Bids/Award Contract (1991 Sealcoating) It was recommended that the bids for Contract 91-07 (1991 Sealcoating) be received and the contract awarded to the lowest responsible bidder. L. Project 609. Receive Feasibility Report/Order Public Hearing (Cliff Road Upgrade) It was recommended that the feasibility report for Project 609 (Cliff Road Upgrade) be approved and a public hearing scheduled to be held on August 6, 1991. M. Project 616.617. & 618. Authorize Feasibility Reports (Cedar Grove 3rd. 4th. 5th. and 6th Additions - Capital Improvement Program Reconstruction It was recommended that the preparation of feasibility reports for Projects 616, 617, and 618 (Cedar Grove 3rd, 4th, 5th, and 6th Additions - CIP Reconstruction) be authorized. N. Approve 1992 Budget/Cost Participation for the Blackdog Watershed Management Organization It was recommended that the 1992 Budget and related cost participation by the City of Eagan for the Blackdog Lake WMO be approved. 0. Final Plat. Whir ring Woods Sixth Addition It was recommended that the final plat for Whispering Woods Sixth Addition be approved. Wachter moved, Gustafson seconded, a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 R-91.40 WKWAAWM PROJECT S43R/FINAL ASSESSMENT HEARING SKYLINE ROAD/SIBLEY HILLS DRIVE - STREETS & UTILITIES Mayor Egan introduced this project as 543R, final assessment hearing, Skyline Road/Sibley Hills Drive - streets and utilities. After brief opening remarks from City Administrator Hedges and Director of Public Works Colbert, Mayor Egan opened the hearing to public comment. Page 4/EAGAN CITY COUNCIL MINUTES July 2, 1991 Mr. Gary Fuchs, on behalf of Frederick and Maxine Delosh, confirmed that written objection had been received from his client. Mary Lou O'Hearn, 2888 Sibley Hills Drive, said the Sibley Hills Drive upgrade was only necessary to develop Prettyman Heights. She said assessments in Prettyman Heights were low but those against her property were in excess of $22,000. She said the assessments were unfair and asked if it was necessary to go to court to mitigate these costs. Director of Public Works Colbert said that some of the assessments in Prettyman Heights had been prepaid as a condition of final plat thereby giving the appearance of lowering those assessments. Mayor Egan asked City Attorney Mike Dougherty whether there was any informal process available to homeowners who disagreed with the amount of the assessments. City Attorney Dougherty said that in order to preserve the homeowners' rights they would have to pursue the formal process. He said while they pursued this formal process, however, they could continue to work with the City in an attempt to find a resolution. Elaine Greer of 1428 Skyline Drive said her property and a number of others were being assessed because they had access to Highway 13. She asked why other properties that also had access to Highway 13, were not being assessed. Director of Public Works Colbert said a number of other properties were originally included in the project but, after the first public hearing, several objections were submitted and staff was directed to research the City's position in regard to these objections. He said it was determined that because these properties could take direct access from Lone Oak Road and had no intention of utilizing the improvement, the City would not be able to sustain their assessments. Therefore, in June of 1989 a new public hearing was held and the assessment roll modified. Ms. Greer than asked why the property owners on Skyline Road from Pilot Knob Road to where the improvement began were not assessed. Mr. Colbert said those homeowners had previously paid for street improvements in front of their homes and, therefore, were not assessed with this project. Mr. Randy Buffie of 1652 Rustic Hills Drive said the assessment area should be expanded. In addition, when the assessments were levied against the properties, the negative impacts were not taken into consideration. Mr. Buffie said developers such as Mr. Prettyman are the biggest benefactors for these improvements because they can pass the costs of the improvements along to the purchasers of their homes. Consequently, those who profit by the improvements should bear a larger percentage of the costs. He said his objections revolved around the following issues: 1) the assessable area should be larger, 2) a larger portion of the assessments should be paid from the general fund, and 3) the developer should pay a larger share. He asked that the project be tabled for further review. Mr. Marvin Post of 2858 Sibley Hills Drive objected to his assessment and objected to the method used to assess his property. The road alignment should have been different but Mr. Post said Mr. Prettyman had refused to allow the road to go through one of the lots in Prettyman Heights because he claimed it had been sold. He wished to note that the lot was still vacant. Mr. Bill Davidek of 1436 Skyline Road said it was his understanding that the developer would help pay the individual homeowners' portions of Skyline Road. (Neither members of the City Council nor staff indicated an awareness of such an agreement). Mr. Davidek said he did not disagree there was some advantage to the road improvements, however, he did not believe his home value increased $18,000. City Attorney Mike Dougherty said that during the process, staff had met with an appraiser to estimate and substantiate the financial aspects of the improvements. He said in general it was determined that the project and its assessments were sustainable. Mr. Davidek asked about a senior's plan and then asked why it was not possible to pay half of his assessment immediately with the City carrying the remainder at a lower interest rate. Mr. Dougherty said the homeowner could pay the assessments within thirty days without incurring any interest costs but said the deferment policy, including the senior citizen's deferment is directed by the Minnesota Legislature. In answer to a question from Councilmember Pawlenty, Mr. Dougherty said the City Council is generally restricted to F I.s Page 5/EAGAN CITY COUNCIL MINUTES July 2, 1991 whatever the legislature allows as to deferments; however, there could be some Council discretion in carrying charges. Gary Fuchs pointed out that if one wanted to fashion a unique payment plan, it could become part of the negotiations between the homeowner and the City Council in the settlement of any lawsuit. Councilmember Wachter suggested that approval of the assessment roll be postponed to allow additional discussion and explanation. Mayor Egan said the issue could be continued, however, would only delay the inevitable. Director of Public Works Colbert said staff could explain the assessments but could not provide hope that the assessments would be reduced. In addition, he believed the homeowners understood the methodology, however, disagreed with the amount of the assessments. Mr. Buffie said a mediator should be appointed to negotiate the assessments. City Attorney Dougherty said that once the appeal was in process, settlement negotiations could occur. Councilmember McCrea pointed out that if the assessments were reduced, the money would have to be found elsewhere. Councilmember Gustafson asked City Attorney Dougherty whether the City had an appraisal that indicated that each property increased by a certain number of dollars. Mr. Dougherty said that generally projects are looked at as a whole, not as individual properties. Frances Wood of 1426 Skyline Road said the neighbors were happy with Skyline Drive as it was and have received no benefit with its completion to Highway 13. Ms. Wood said the developer should have picked up the tab and thought the neighborhood generous to pay the improvements in front of their properties. Mayor Egan noted that this is a unique project; however, pointed out that the City has already absorbed approximately 25% of the project costs because of parkland. While the City has attempted to deal with the project and the resultant assessments in as fair a manner as possible, there was general agreement that the process must move forward. Councilmember McCrea asked that staff and legal counsel study the issue of interest deferment or a senior citizen deferment plan for the payment of assessments. McCrea moved, Pawlenty seconded, a motion to close the public hearing, approve the final assessment roll for Project 543R (Skyline Road/Sibley Hills Drive - Streets & Utilities) and authorized its certification to Dakota County. Aye: 5 Nay: 0 PROJECT S24/FINAL ASSESSMENT HEARING JOHNNY CAKE RIDGE ROAD After brief introductions by Mayor Egan and City Administrator Hedges, Director of Public Works Tom Colbert provided background on Project 524. He said at the May 7 final assessment hearing, several issues were raised by the developer regarding the method and the amount of their assessments and, consequently, the hearing was continued for further study. Mr. Colbert said that research, including a preliminary appraisal and review by the City Attorney's office, indicated, however, that 100% of the costs of the project were eligible for financing through special assessments and the assessment roll had been revised accordingly. Mayor Egan then opened the hearing to public comment Mr. Tom Wilmus, of E.H.Wilmus Properties, Inc., said his company objected to the amount of the assessment, with their major objection in regard to the size of the roadway. He said it was over and above that which was needed to serve the property and said a 32' road should have been installed and assessed as such. He asked if the appraiser had addressed the issue. Councilmember Gustafson asked City Attorney Dougherty if the appraiser had made an evaluation of the property and assessments based on a 32 foot roadway or a larger roadway. City Attorney Dougherty was unaware of the specifics of the appraisal, however, stated that the appraiser had indicated the overall property had benefitted by the amount of the assessment. Page 6/EAGAN CITY COUNCIL MINUTES July 2, 1991 Mr. Richard Marhula, also of E.H.Wilmus Properties, Inc., said that the original feasibility report called for a 44' road yet at some point the road width was increased to 56' and then to 108'. He asked if another feasibility report had been prepared and if so, why they hadn't been notified of such changes. While stating that such discussion went beyond the scope of this assessment hearing, Mayor Egan asked Director of Public Works Colbert for a brief response. Mr. Colbert said that it was explained to the property owner that the scope of the project was expanded in response to their requests. He said Wilmus Properties even dedicated the additional right of way necessary for a wider street section because of intersections they wanted accommodated requiring medians and turn lanes. Mr. Colbert said Wilmus properties was involved in detailed design plans, the increased scope of the project and the additional right of way acquisition. Mr. Wilmus then said they understood a traffic and engineering study had been done by Short-Elliott-Hendrickson indicating traffic of 8,000 cars per day. He said they were told they had a choice of two left turn lanes or a center median or the project would be scrapped. Mayor Egan said it was obvious this would be an area of contention and then closed the hearing to public comment. There being no further discussion, Wachter moved, Egan seconded, a motion to close the public hearing and approve the final assessment roll for Project 524 (Johnny Cake Ridge Road) and authorized its certification to Dakota County. Aye: 5 Nay: 0 EAGANDALE CENTER INDUSTRIAL PARK 3RD AND 4TH ADDITIONS/OVERLAY After introduction by Mayor Egan, City Administrator Hedges said that at the June 18, 1991 regular City Council meeting, representatives of Opus Corporation indicated they had not received copies of the feasibility report. At that time, they asked that the public hearing be continued in order to analyze all appropriate data. The City Council subsequently continued the public hearing to the July 2, 1991 City Council meeting. Mr. Mark Anderson, a real estate developer for Opus Corporation, said the information had been reviewed and they agreed the improvements were necessary; however, he questioned the timing of the project and asked for a one year delay. In addition, once the project is approved, he asked that the assessments be spread over a 15 year period. In answer to a question from Councilmember McCrea, City Attorney Dougherty said it would be up to the City Council's discretion as to whether to spread the assessments over a 15 year period. Mr. Anderson then discussed the driveway alternate portion of the project. He said Opus would appreciate some flexibility in the design of the driveways. Mayor Egan then asked Director of Public Works Colbert whether a one year deferment would be appropriate. Mr. Colbert said this is not a crisis situation but Staff had proposed the improvements in order to maintain the City's infrastructure and extend the life expectancy of these streets. He said this is the worst of the industrial parks but a year's delay would not create any significant problems. Mr. Colbert noted that if the project were approved and the improvements installed, the first assessment payment would not be due until 1993. The City Council then discussed the driveway access issue. Director of Public Works Colbert said upgrading the driveways was recommended as a part of this project due in part to aesthetics and because unfinished driveways do allow a certain amount of dirt and sand to wash into the City's streets and storm sewers. Additionally, because of the large number of driveways, costs would be favorable. Mr. Colbert said the driveways do not affect the roadway but staff was strongly recommending their upgrade as an alternate. After discussing whether the project could be approved but its contract dates delayed, McCrea moved, Wachter seconded, a motion to close the public hearing and approve Project 608 (Eagandale Center Industrial Park 3rd and 4th Additions - Overlay) with a February or March bid request. Aye: 5 Nay: 0 Page 7/EAGAN CITY COUNCIL MINUTES July 2, 1991 McCrea moved, Wachter seconded, a motion to approve the driveway alternate to Project 608 (Eagandale Center Industrial Park 3rd and 4th Additions - Overlay) with the driveway alternate to be approved at a standard acceptable to the City. Mr. Dennis McCabe, owner of North Star Trucking Company in the Eagandale Center Industrial Park, wished to contest the closure of two driveways located on his property. Additionally, he did not wish to spend $7,000 to upgrade driveways that he used approximately two or three times a year. Director of Public Works Colbert said there was no intent to remove the driveways on Mr. McCabe's property, however, staff was unaware the driveways were still in use. Mr. McCabe then addressed the changes in the road alignment at the corner of Apollo Road and Mike Collins Drive. He said the changes recommended for that intersection would make it even more difficult and unsafe then it presently is. Mr. McCabe said he would prefer the intersection configuration left as it is but with stop signs or slow signs installed. Mr. Colbert suggested that stop signs be installed at the intersection of Apollo Road and Mike Collins Drive on a temporary basis to see if it alleviated some of the safety concerns for that intersection. Aye: 5 Nay: 0 LEXINGTON/LONE OAK ROAD INTERSECTION RECONSTRUCTION AND SIGNALIZATION After brief introductions by Mayor Egan and City Administrator Hedges, Mark Hanson of Bonestroo, Rosene, Anderlik and Associates described Project 601. Mr. Hanson said the improvement was proposed by Dakota County with the costs to be shared by the City and County. The proposed assessments will be levied against all abutting property and because there are three different levels of improvements, there will be three different rates of assessment. The total cost of the project is approximately $1,077,000 with approximately $631,000 being the County's share and $445,000 the City's share. The proposed assessments are estimated at $240,000. Bob Worthington of Opus Corporation said they have not had sufficient time to prepare for the public hearing. He said information was only recently received, not allowing an opportunity to review all aspects of the project. Director of Public Works Colbert said a number of pieces of correspondence had gone to Opus regarding the project in addition to his having met with them personally. It was suggested that perhaps the public hearing should be continued and that representatives of Opus Corporation should meet with staff in an effort to iron out some of the issues before the next public hearing date. There were a number of residents in the audience to address Project 601 and they were afforded the opportunity to share any concerns at this time, however, no one elected to do so. Wachter moved, McCrea seconded a motion to continue to the July 16, 1991 regular City Council meeting the public hearing for Project 601 (Lexington/Lone Oak Road - Intersection Reconstruction and Signalization). A neighborhood meeting with representatives of Dakota County and Mark Hanson from Bonestroo, Rosene, Anderlik and Associates will be held at 6:30 p.m. on Thursday, July 11 at City Hall. Aye: 5 Nay: 0 Page 8/EAGAN CITY COUNCIL MINUTES July 2, 1991 WILDERNESS RUN ROAD/RECONSTRUCTION Mayor Egan introduced this item as Project 603, Wilderness Run Road - Reconstruction. Pawlenty moved, McCrea seconded, a motion to close the public hearing and approve Project 603 (Wilderness Run Road - Reconstruction). Aye: 5 Nay: 0 VACATION/WHISPERING WOODS 6TH ADDITION Mayor Egan introduced this item as a vacation of the drainage and utility easements for Whispering Woods 6th Addition. McCrea moved, Pawlenty seconded, a motion to close the public hearing and approve the vacation of various street, drainage and utility easements as described in the petition subject to the approval and recording of the proposed Whispering Woods 6th Addition final plat. Aye: 5 Nay: 0 CIGARETTE LICENSE EXTENSION McCrea moved, Egan seconded, a motion to approve an extension of existing cigarette licenses from June 30, 1991 to December 31, 1991. Aye: 5 Nay. 0 In order to avoid inequitable treatment, McCrea moved, Gustafson seconded, a motion to approve the new cigarette license applications for MGM Liquor Warehouse, Kenny's Liquor, and Great Northern Spirits with the proviso that before the license period expires, the City Council may decide to discontinue vending machine sales in the City and move all other tobacco sales to behind the counter. Aye: 5 Nay. 0 TASK FORCE ON TOBACCO ACCESSIBILITY TO MINORS Mayor Egan introduced this item as appointments to a Blue Ribbon Task Force on Tobacco Accessibility to Minors. Because Derrick Robillard, one of two youth representatives was in attendance, he was introduced to the Council and audience. Pawlenty moved, Wachter seconded, a motion to approve the appointments to the Eagan Blue Ribbon Task Force on Tobacco Accessibility to Minors (see Exhibit A). Aye: 5 Nay: 0 YMCA PROPERTY REQUEST At the YMCA's request, Pawlenty moved, McCrea seconded, a motion to continue indefinitely the matter of the Eagan area YMCA request for property donation. Aye: 5 Nay 0 INES POW VARIANCE/BOULEVARD TREES/OAKS OF BRIDGEWATER Mayor Egan introduced this item as a variance, Sienna Corporation, to place boulevard trees within ten feet of city streets within the Oaks of Bridgewater Addition located along the south side of Wescott Road in the NE quarter of Section 23. Page 9/EAGAN CITY COUNCIL MINUTES J,dy 2, 1991 Gustafson moved, Pawlenty seconded, a motion to approve a variance of up to three feet from the 10' setback for Sienna Corporation to place trees in the boulevard along city streets within the Oaks of Bridgewater Addition and subject to the following conditions: 1. All applicable City Codes. 2. Within 30 days of installation, the applicant will provide the City an as-built of the exact location of the trees. Aye: 5 Nay. 0 PRELIMINARY PLAT/OAK CLIFF 6TH ADDITION CONDITIONAL USE PERMIT/AUTO SERVICE STATION Mayor Egan introduced this item as a preliminary plat for the Oak Cliff 6th Addition/Federal Land Company, consisting of six lots on approximately 7.9 NB (neighborhood business) zoned acres within the Winkler-Jackson Planned Development and a conditional use permit to allow an automotive service station in an NB district located along the southwest intersection of Cliff Road and Slater Road in the NW quarter of Section 31. Pawlenty moved, McCrea seconded, a motion to continue the applications indefinitely with direction that submittals be returned to the Advisory Planning Commission for review if they are determined by staff to be substantially different than those previously presented to the Commission. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT VETERINARY CLINIC/DUCKWOOD SQUARE Mayor Egan introduced this item as a conditional use permit for Sheila Megan, DVM, to allow a veterinary clinic in a CSC (Community Shopping Center) zoned district located on Lot 1, Block 1, Duckwood Square Addition, south of Duck-wood Drive, east of Pilot Knob Road in the NW quarter of Section 15. City Administrator Hedges said that this item had been considered by the Advisory Planning Commission at their June 25 regular meeting and they had recommended approval. Gustafson moved, McCrea seconded, a motion to approve the conditional use permit for Sheila Megan to allow a veterinary clinic in a CSC zoned district in Duckwood Square Shopping Center as presented and subject to the following conditions: 1. No boarding of animals other than those requiring medical treatment. 2. All other applicable City Codes and requirements. 3. No animal shall be allowed or exercised out-of-doors. Aye: 5 Nay. 0 Page 10/EAGAN CITY COUNCIL MINUTES July 2, 1991 APPROVE PLANS/AUTHORIZE ADVERTISEMENT FOR BIDS EAGANDALE CENTER INDUSTRIAL PARK 3RD AND 4TH ADDITIONS McCrea moved, Pawlenty seconded a motion to continue indefinitely Contract 91-06 (Eagandale Center Industrial Park 3rd and 4th Additions - Overlay). Aye: 5 Nay: 0 COUNTY COST PARTICIPATION AGREEMENT AND TRAFFIC SIGNAL AGREEMENT Mayor Egan introduced this item as Project 601, County Cost Participation Agreement #26-16 and Traffic Signal Agreement #91-07 (Lexington and Lone Oak Road - Intersection Reconstruction and Signalization). McCrea moved, Pawlenty seconded, a motion to continue to the July 16, 1991 regular City Council meeting County Cost Participation Agreement #26-16 and Traffic Signal Agreement #91-07. Aye: 5 Nay. 0 APPROVE PLANS/AUTHORIZE ADVERTISEMENT FOR BIDS WILDERNESS RUN ROAD RECONSTRUCTION Mayor Egan introduced this item as Contract 91-08, approve plans/authorize advertisement for bids (Wilderness Run Road Reconstruction). Gustafson moved, Wachter seconded, a motion to approve the plans for Contract 91-08 (Wilderness Run Road Reconstruction) and authorize the advertisement for a bid opening to be held at 11:00 a.m. on August 2, 1991. Aye: 5 Nay: 0 REVIEW IMPACT OF ISD #196 STUDENT PARKING FEE PROPOSAL After introduction by Mayor Egan, Director of Public Works Colbert said the City had been notified by School District #196 that a student parking lot fee would be implemented at the Eagan High School. With this policy, there are concerns that students will not pay the fee and park on local streets. School District #196 is asking that "No Parking" signs be installed in the area indicating no parking between the hours of 7:00 a.m. - 3:00 p.m., September through May. Mr. Colbert said staff is looking for direction from the City Council as installation of these signs would approach $5300. He asked whether the Council would prefer that staff forego the signs this year and budget for next year or install them and request that #196 pay for their installation. School District #196 has already indicated that they have never subsidized the installation of these types of signs. It was the general consensus of the City Council that a problem not be assumed until it occurs and directed staff to request that ISD #196 notify students that if they are going to drive to school, they should park in the school parking lot and not on City streets. No action will be taken to install signs unless 35% of the relative neighborhood area petitions for such measures. If a petition is received and it becomes necessary to install no parking signs on City streets, ISD #196 will be asked to escrow the necessary funds to reimburse the City for costs associated with the installation of the signs. A letter will be sent to Independent School District #196 with this information. No other action was taken. Page 11/EAGAN CITY COUNCIL MINUTES July 2, 1991 HRA ACTION/SENIOR CITIZEN HOUSING City Administrator Hedges said that HRA Executive Director Mark Ulfers had requested that the City Council consider an architectural change to the senior citizens housing project. They are proposing that a stucco surface be installed as opposed to brick with stucco or aluminum accents. Discussion centered on whether or not the stucco surface would be of the quality and durability of brick. Victor Zeuthen of Arvid Elness Architects said that when they originally presented their plans for this project, they had recommended either stucco or brick. He said stucco would meet all requirements and architecturally would be more residential looking as well as giving more formality to its commercial area location. He said the costs are very comparable; however, some types of brick would be much more expensive. After additional discussion, Gustafson moved, Egan seconded, a motion to approve an architectural change for stucco as the exterior for the new senior housing project. Aye: 3 Nay: 2 (McCrea and Wachter) HRA ACTION/1991 BLOCK GRANT APPLICATION A number of concerns were expressed regarding the shift of approximately $10,000 from the senior housing project to assist in financing redevelopment strategies for the greater Cedarvale area. Director of Community Development Runkle said he believed these funds would give the City the most flexibility and would provide a potential revenue source to study the Cedarvale area. He said any funds not used for the Cedarvale study could be shifted back at the end of the year to the senior housing project. Gustafson moved, Egan seconded, a motion to approve the designation of up to $10,000 in the application designation for Community Development Block Grant Funds from senior housing to redevelopment strategies for the greater Cedarvale area. Aye: 3 Nay. 2 (McCrea and Pawlenty) VACATE DRAINAGE AND UTILITY EASEMENTS SUNRISE HILLS 2ND ADDITION Mayor Egan introduced this item as a request to vacate drainage and utility easements, receive the petition and order public hearing (Lot 4, Block 1, Sunrise Hills 2nd Addition). Wachter moved, McCrea seconded a motion to receive the petition to vacate a portion of drainage and utility easements for Lot 4, Block 1, Sunrise Hills 2nd Addition and schedule a public hearing to be held August 6, 1991. Aye: 5 Nay. 0 VACATE DRAINAGE AND UTILITY EASEMENTS EAGANDALE CENTER INDUSTRIAL PARK 8TH ADDITION Mayor Egan introduced this item as a request to vacate drainage and utility easements, receive the petition and order a public hearing (Lots 1 and 2, Block 1, Eagandale Center Industrial Park 8th Addition). McCrea moved, Wachter seconded, a motion to receive the petition to vacate a portion of drainage and utility easements for Lots 1 and 2, Block 1, Eagandale Center Industrial Park 8th Addition, and schedule a public hearing to be held August 6, 1991. Aye: 5 Nay: 0 r nr { Page 12/EAGAN CITY COUNCIL MINUTES July 2, 1991 VACATE DRAINAGE AND UTILITY EASEMENTS OVERVIEW ESTATE REPLAT Mayor Egan introduced this item as a request to vacate drainage and utility easements, receive the petition, and order a public hearing (Lots 8, 9 and 10, Overview Estate Replat). McCrea moved, Wachter seconded, a motion to receive the petition to vacate a portion of drainage and utility easements for Lots 8, 9 and 10, Overview Estate Replat and schedule a public hearing to be held August 6, 1991. Aye: 5 Nay: 0 BLOCK PARTY/ADMINISTRATIVE POLICY Wachter moved, Gustafson seconded, a motion to approve the administrative policy for allowing street closures for block parties and authorized its administrative implementation by City staff. Aye: 5 Nay: 0 CHANGING CONDITIONS/SKY VIEW ADDITION Director of Community Development Runkle said that on May 7 the City Council approved the Sky View Addition and the typical standard conditions of plat approval placed on the preliminary plat. He said during the final plat review process, two of the additional conditions approved by the City Council were found by the engineering staff not to be needed. They are the first portion of Condition #4 that reads: "the development shall construct a ditch along the east side of Dodd Road," and Condition #5 in its entirety that reads: "The development is required to intercept the site runoff in the east ditch of Dodd Road and convey it easterly to newly designated pond LP 23.1 at the southwest comer of Trunk Highway 3 and Farm Road." Mr. Runkle said all other conditions have or will be adhered to. Wachter moved, Gustafson seconded, a motion changing conditions of plat approval placed on the Sky View Addition preliminary plat as outlined above. Aye: 5 Nay: 0 REPAIR WORK/NORTHVIEW PARK SHELTER BUILDING Wachter moved, Egan seconded, a motion to award the repair work for Northview park shelter building in the amount of $8,883 to Beacon Builders. Aye: 5 Nay: 0 REQUEST/CEDAR-DIFFLEY SITE City Administrator Hedges said that Mike Gould representing G & P Enterprises, was requesting assistance from the Dakota County HRA regarding low and moderate income housing on the Cedar-Diffley development site. While the Council agreed that low and moderate income housing is needed, Mayor Egan said this property was rezoned on the representation that it would be upscale housing. Councilmember Pawlenty said the City Council had struggled with this issue and it was the promise of innovative, high-quality housing that swayed his vote in favor of the project. He said if that cannot be achieved, then staff should be instructed not to pursue this alternative any further. No formal action was taken. Page 13/EAGAN CITY COUNCIL MINUTES July 2, 1991 MUNICIPAL ELECTION CHANGES Consideration for changing the municipal election to even years and the Mayoral term to four years will be discussed at an upcoming workshop session. CHECKLIST Wachter moved, Egan seconded, a motion to approve the check list dated July 2, 1991, in the amount $640,847.20. Aye: 5 Nay: 0 ADJOURNMENT The City Council adjourned the regular meeting at approximately 11:10 p.m. KF CITY OF EAGAN E. anOverbeke City erk