04/09/1991 - City Council Special
MINUTES OF A SPECIAL MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
April 9, 1991
A special meeting of the Eagan City Council was held on Tuesday, April 9, 1991 at 5:30 p.m. in
the City Council Chambers of the Municipal Center building. Present were Mayor Egan and City
Councilmembers Gustafson, McCrea, Pawlenty and Wachter. City Councilmember Gustafson arrived at
approximately 6:00 p.m. Also present were Director of Public Works Colbert, Director of Finance
VanOverbeke, Administrative Assistant Witt and City Administrator Hedges.
MnDOT VIDEOTAPE/ROAD OMITS AND RECONSTRUCTION OVERLAYS
Director of Public Works Colbert informed the City Council that a video was prepared by the
Minnesota Department of Transportation, narrated by Mike Fairborne of WCCO, Channel 4, that describes
basic factors involved in local street construction and the adverse effect that weather and excessive loads
have on the expected life of a street. He further stated that the benefits associated with preventative
structural overlays are similar to the City's proposal for Project 608 that will overlay streets that are located
in Eagandale Center Industrial Park 3. The video, approximately 16 minutes in length, was presented to
the City Council.
RIGHT OF ENTRYIWENZEL PROPERTY
Director of Public Works Colbert requested consideration by the City Council to proceed with the
right-of-entry for the Larry Wenzel property to allow the installation of storm sewer for the Effress Addition.
After a brief explanation and in a motion by City Councilmember Wachter, seconded by City
Councilmember McCrea, with all members voting in favor, authorization was given for right-of-entry to the
Larry Wenzel property to install storm sewer under Project 567R for the Effress Addition.
FIVE YEAR C.I.P. STREET RECONSTRUCTION PROGRAM
Director of Public Works Colbert presented the five (5) year C.I.P. street reconstruction program,
stating that project identified in 1991 are segments of Wilderness Run Road, Eagandale Center Industrial
Park 3rd and 4th Additions and Meadowview Road. He further reviewed the ranking and proposed street
reconstruction for calendar 1992-1995, stating that planning and programming aspects associated with
these proposed improvements are essential to a successful street reconstruction program. City
Councilmembers agreed with the recommendations to plan and program the five (5) year C.I.P. with a
specific study beginning in the summer of 1991 for improvements proposed for 1992. City
Councilmembers further emphasized the importance of ongoing information to neighborhoods as a result
of informational public hearings. The Director of Public Works stated that any cost of advanced studies
and the financing of the proposed capital improvements are identified in the five (5) year C.I.P. He also
addressed the concept of holding a public hearing for the improvement and a special assessment hearing
at the same meeting. City Councilmembers agreed with that format and provided direction to the Director
of Public Works to proceed with the five year C.I.P street reconstruction program, planning and
programming as presented.
BID AWARD/REFUNDING BONDS FOR G.O. IMPROVEMENTS AND
G.O. PARK & RECREATION
City Administrator Hedges stated that bids were officially opened at 10:30 am. on Tuesday, April
9 to consider refunding of general obligation improvement bonds referenced as Series 1991 A and general
obligation park & recreation bonds now referenced as refunding bonds Series 1991 B. He stated that the
reason for considering the refunding issue was to lower the interest rate on the outstanding principal of
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April 9, 1991
both bond issues, netting a savings over the remaining for each outstanding bond. Dave MacGillivray,
the City's fiscal consultant representing Springsted Public Financial Advisors, and Director of Finance
VanOverbeke were present to discuss and present the bids. Mr. MacGillivray reported that his evaluation
of the bids indicate an interest savings for both refunding bond Issues and recommended the City Council
consider resolutions awarding the successful bids for both Series 1991A and Series 1991B bonds as
stated. Mr. MacGillivray reviewed each of the refunding bond issues, commenting on the number of
bidders, the City's rating, net interest cost and rate and other information in response to questions by the
City Council. After further review by the City Council and in a motion by City Councilmember Wachter,
seconded by City Councilmember Pawlenty, with all members voting in favor, the general obligation
improvement refunding bonds Series 1991A in the actual amount of $3,290,000, with a net interest rate
of 6.0878 percent was awarded to Dain Bosworth, Inc., the successful and low bidder.
In a motion by City Councilmember Pawlenty, seconded by City Councilmember Wachter, with
all members voting in favor, general obligation park & recreation refunding bonds Series 1991 B were
authorized in an actual amount of $2,440,000, at a net interest rate of 6.1692 percent to Dain Bosworth,
Inc., the successful and low bidder.
PROJECT 546/FINAL ASSESSMENT HEARING FOR CEDARVALE BOULEVARD
Director of Public Works Colbert reviewed the proposed final assessment hearing for the overlay,
restriping and limited curb and gutter drainage improvements for Cedarvale Boulevard from Nicols Road
to Silver Bell Road referenced as Project 546 and scheduled for the May 7, 1991 City Council meeting.
He stated that in preparing the final assessment roll concerns have been expressed by representatives
of the Cedarvale Shopping Center and Sinclair gas station regarding the amount and method of allocating
the special assessments associated with this project. Director of Public Works Colbert also expressed
a sensitivity on behalf of his staff for working with representatives of the Cedarvale business district and
attempting to identify the issues and alternatives available to assist in their economic development and,
as a result, wanted an opportunity to review special assessment concerns and alternatives with the City
Council to determine how best to propose and present the final assessments associated with Project 546.
He stated that assessments are not being levied against existing businesses on the north side of
Cedarview Drive frontage road, however, the Sinclair gas station and other properties on the south side
of Cedarvale Boulevard, including Cedarvale Shopping Center, will be assessed. After reviewing the
project, the method of assessment and determining that $71,512.73 is the revenue source proposed for
the levying of special assessments with a total project cost of $425,132.70, the assessment method as
proposed by the Director of Public Works is acceptable. The City Council further advised that an
informational meeting be held prior to the May 7 public hearing to discuss the proposed assessments with
those parcels receiving a notice of special assessment from the City. There were also legal questions
raised about the closing of private streets adjacent to the Center by the City Council which resulted in a
discussion of various options to redevelop the entire Cedarvale area. Mayor Egan acknowledged that no
formal action is required on the proposed special assessments for Project 546, however, did emphasize
the importance of holding a special informational meeting with those properties that will be assessed prior
to the May 7 meeting.
PROJECT 589R/ELRENE ROAD IMPROVEMENTS
Director of Public Works Colbert presented Project 589R, the reconstruction of Elrene and Trails
End Road, requesting further consideration by the City Council on design, financing and assessment
alternatives. He stated that various conditions of the final plat approval of West Publishing Company 4th
Addition requires dedication of utility drainage and ponding easements. The Director of Public Works
further indicated that easements entailed the dedication of a six foot trailway easement along the east side
of Elrene Road to allow.a trailway to be constructed approximately 18 feet from the street curb section
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April 9, 1991
to accommodate a potential urban landscape planning program by the City in the future. He further
commented that the vision of an 18 foot wide boulevard for the trail is considered as Option A and a
constructed trail and existing right-of-way providing for a 13 foot wide boulevard Is considered Option B.
City Councilmembers discussed the trail alignment and agreed to minimize the amount of easement
acquisition from West Publishing and, therefore, gave direction to the Director of Public Works that design
of the trailway is appropriate as a 13 foot width instead of 18 feet as shown. There were two assessment
options reviewed and after discussion by the City Council, it was agreed that the total project cost of
$484,860 should be assessed according to Option A that inckides the residential property and the west
side of West Publishing Company as the benefited property. There were three (3) options for considering
storm sewer improvements ranging from acquisition of ponding easements and development of two
ponds, including JP-33.1 and 33.2, acquisition and development of Pond JP-33.1 only and a final
consideration to provide no ponding on West Publishing. Following a presentation by the Director of
Public Works and deliberation by the City Council, there was concurrence that the City acquire pond
easement and develop Pond JP-33.1 only, referenced as Option B in the consulting engineering report
prepared by BRA.
After further review and comments of the proposed Elrene Road improvement project, Mayor Egan
directed Director of Public Works Colbert to prepare a presentation for the public hearing scheduled for
May 7, based on the options discussed and presented to the City Council.
CIGARETTE VENDING MACHINE LICENSING
City Administrator Hedges stated that the City Clerk's office was directed by the City Council to
review and provide information relative to the licensing and additional regulatory controls for cigarette
vending machines. Liz Witt, Administrative Assistant, appeared and reviewed information that was
compiled by her office containing information from Minnesota communities with ordinances to restrict
cigarette machines and also regulatory options open to communities who wish to control children's
access to tabacco. She also represented data that was compiled by ANSR (Association of Non-Smokers
Minnesota) that ranges from total ban, partial ban to a partial ban with locking devises for the regulation
of cigarette vending machines. Also present were Cheryl Casey and Mary Jane Swenson, concerned
citizens, who expressed their support for regulatory language that would ban the placement of cigarette
vending machines. City Councilmember Pawlenty stated that he was supportive of a ban on cigarette
machines and would consider supporting regulation forcing the sale of tabacco behind or over the
counter in all establishments throughout the City. City Councilmember McCrea stated she was concerned
about the impact on small business If a ban is approved for cigarette vending machines. City
Councilmember Gustafson stated that the problem is the use of cigarettes, not the sale through vending
machines. After further discussion on the Item, Mayor Egan moved, City Councilmember Pawlenty
seconded, with all members voting In favor, that an ordinance to consider a ban on vending machine
sales of tobacco related items be directed to the May 7 City Council meeting for further consideration.
Mayor Egan asked Administrative Assistant Witt to inform those business establishments that have
vending machines so they are aware of the May 7 City Council meeting.
CELLULAR TOWER REGULATIONS
City Administrator Hedges stated that City staff was directed by the City Council to review the City
code with Cellular One to determine what regulatory language, if any, is desirable for the City to avoid
transmission poles occurring in agricultural districts at random throughout the community. Director of
Community Development Runkle appeared and stated that having reviewed the state of technology with
Cellular One, specifications for future tower installations will indicate a significant height reduction and
further, that few installations will be necessary in the community to meet the need for mobile phone
transmission. Mr. Warren Dunlap, of Cellular One, appeared and further discussed technology as it
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April 9, 1991
relates to the siting and construction of poles to accommodate the transmission of telephone signals for
mobile car phones. After presentations and discussion by staff and representatives of Cellular One, City
Councilmembers determined that there is no need to further discuss a City code language change for
the regulation of cellular towers in agricultural zoning districts.
EVEN YEAR MUNICIPAL ELECTIONS
City Administrator Hedges stated that with the assistance of Administrative Assistant Witt and
Assistant to the City Administrator Hohenstein, information was compiled regarding the cost, benefit and
merits of even year elections for consideration by the City Council. City Councilmember McCrea stated
that even year elections will provide a cost savings to the City and further stated that the term for Mayor
should be extended to four years from the present two years to provide a greater consistency in policy
and direction for the City Council. Councilmembers also discussed a division of the community into wards
and precincts as an opportunity to provide greater political representation. After a discussion of the ward
concept, it was determined and agreed by all City Councilmembers that further consideration of wards
and precincts is not beneficial to the City of Eagan given the number of issues that exist in a 34 square
mile community, stating that the community is better represented by all its City Councilmembers being
elected at large. Administrative Assistant Witt stated that the 1991 municipal election cannot be
eliminated, an off-year election; however, there are options for consideration that would include a variety
of staggered terms to begin a change over for the even year elections. City Councilmembers suggested
that a public hearing be scheduled prior to the 1991 municipal election to allow public input regarding
the options for even year elections.
OTHER BUSINESS
There being no further business, the meeting was adjourned at approximately 9:45 p.m.
TLH
April 9. 19919. 1991
Date City Clerk