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01/17/1995 - City Council Special 00010 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 17, 1995 A special meeting of the Eagan City Council was held on Tuesday, January 17, 1995 at 5:00 p.m. at the Riverplace Office Building. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert and City Attorney Jim Sheldon. CENTRAL AREA TASK FORCE MEETING/PRESENTATION BY OPUS CORPORATION Councilmembers attended the meeting of the Central Area Task Force to hear a presentation by Opus Corporation on the development plans for the O'Neil parcel. (The meeting continued at 9:00 p.m. after adjournment of the regular Council meeting.) DEVELOPMENT UPDATE Community Development Director Reichert gave an update on various development projects, including expansion of the Eagan Athletic Club; a townhouse development near Pilot Knob Road and Lone Oak Road; a single family development on the Hillcrest property; a townhouse project on the Goodman property; and others. She noted that currently, the City of Eagan is 55% single family development; 16% townhouses; and 26% apartments. She added that there have been no apartments built since the Waterford apartments in 1991. EAGAN FAMILY HOUSING PARTNERSHIP Administrator Hedges noted he spoke to Mark Ulfers of the Dakota County HRA, and was told that the HRA has $40,000 invested in this site, and further that Mr. Ulfers suggested that the HRA Board do nothing at this time to give the City some time to explore other alternatives. The liability issue with the property owner was discussed. Other sites were discussed, as well as developing some criteria for the selection of another site. Councilmember Masin noted that neighborhood opposition is just as likely with another site, and probably more likely with all of the publicity regarding the original site. She questioned how the Council will react to this type of opposition. She feels it is important to determine what was wrong with the original site In order to develop criteria for the selection of a new site. Mayor Egan concurred, stating that even If another site Is selected, the liability issue with Willmus is still present. He also noted that without criteria, It creates two tiers of classes in the community and he doesn't feel that is right. He Indicated that the reasons given by the residents of the area were crime, safety and property values. Mr. Ulfers stated that the property adjacent to their projects in Burnsville and Apple Valley is Increasing with development. Councilmember Awada noted that there aren't single family developments next to their other properties. She feels there is a need for more single family in the Johnny Cake Ridge Road area. Councilmember Hunter stated it appears that the criteria being proposed is that it not be located next to residential property. He stated he feels it is up to Councilmembers Awada and Wachter to come up with a site and commit to supporting it. Community Development Director Reichert suggested the City consider setting aside money out of the CDBG funds to write down some of the HRA costs on this property. Councilmember Awada indicated she doesn't support that. City Attorney Sheldon stated that If the HRA doesn't purchase this property, Willmus, the fee owner of the property, will likely sue the City. Considerable discussion followed concerning the Council's alternatives, and the possibility of the HRA bringing a friendly declaratory judgment lawsuit against the City. EAGAN SPECIAL CITY COUNCIL MINUTES; JANUARY 27, 1995 PAGE 2 Councilmember Hunter suggested the Council take no action at this point. He feels the City should do what they can to stay out of court and within the law. Councilmember Awada stated she feels the entire project is bad for the city, but feels it is up to the city to come up with a new site. Councilmember Wachter suggested the city should let the HRA build apartments if they want. Mayor Egan emphasized that regardless of personal opinions regarding low income housing, the city needs to abide by the laws that are In place. Community Development Director Reichert suggested another option would be for the city to buy the land. After a lengthy discussion, the City Council determined that no additional action would be taken at this time regarding a response to the HRA's proposed alternatives, including a new site for the proposed townhouse development. CAPONI ART PARK RESPONSE After a brief review by Administrator Hedges, Councilmember Wachter stated he agrees with everything In the proposed letter. Councilmember Awada stated that regarding the parking lot, it shouldn't be called reimbursement; it should be additional compensation for taking due to the county road. Councilmember Masin stated she feels Mr. Caponi thought he would be reimbursed for the cost of the county road. Councilmember Awada noted that the parking lot isn't there, but it has been on every plan for the park. She feels the city lead Mr. Caponi to believe that the city would help him through this process. Public Works Director Colbert indicated the county agreed with the appraisal of damages to the parking lot, but not the residual property damage. Councilmember Wachter suggested the first two issues be totally eliminated; and that language be added to the paragraph regarding investment In professional fees that the city will offer support up to $5,000. Discussion followed concerning the establishment of the foundation. Councilmember Awada stated that the City Council is unable to make the regional contacts needed for the foundation, but will help him set up the trust. The meeting adjourned to executive session at 11:15 p.m. DLP All January 17, 1995 vo-v~,4 Date City Clerk