Loading...
03/15/1994 - City Council Regular 00'0ei'3 MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota March 15, 1994 A regular meeting of the Eagan City Council was held on Tuesday, March 15, 1994, at the Eagan Municipal Center. 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 James Sheldon. t~:Nb City Administrator Hedges noted there was an item to add under Consent, Personnel Item #3, regarding the dismissal of an employee. Mayor Egan announced the intent to have a workshop following the regular City Council meeting. He added that the unusualness of the late City Council workshop was a result of the School Board election Tuesday, March 8, 1994, which prevented the City Council from carrying a workshop past 6:00 p.m. that evening. Councilmember Hunter added a new Item D under New Business, in order to briefly discuss the Rechtzigel parcel. Hunter moved, Awada seconded a motion to approve the agenda for March 15, 1994 regular City Council meeting as amended. Aye: 5 Nay: 0 "M4, Councilmember Awada suggested the Special City Council minutes be deferred for action until City Administrator Hedges had an opportunity to review them prior to Council approval. City Administrator Hedges notified the Council those workshop minutes would be held over until the first week of April. The following corrections were made to the minutes of February 28, 1994: Councilmember Awada requested vote verification of Page 1, under Minutes: "After condition #5, the vote should be: Aye: 5 Nay:O " Page 5, Paragraph 5, Sentence 1: an additional semicolon should be striked to read: "Councilmember Hunter stated the sidewalks on Dodd Road are overdue; however noted that the..." Page 6, Paragraph 5, Sentence 4 should read: "He added that while the City can increase the amount of money it puts into the property through grading costs, it won't increase the value more than those additional costs." Wachter moved, Hunter seconded a motion to approve the minutes of the February 28, 1994 regular City Council meeting as amended. Aye:5 Nay:O PRESET 'I' TION Mayor Egan introduced this item as the Dakota County Recycling Award. Following brief remarks by the City Administrator, Communications/Recycling Coordinator Joanna Foote presented the award to the City Council on behalf of Dakota County. She also presented a copy of the "Protecting Eagan's Oak Trees" brochure recently developed by City Forester Hove and Communication/Recycling Coordinator Foote. 0 21 PAGE 2/EAGAN CITY COUNCIL MARCH 15, 1994 ?EPAlt'1(' )r ,N :BUS 5I . Mayor Egan noted that although there was not any formal Department Head Business to discuss, the full complement of department heads were present to allow the opportunity for the Council to pose questions for discussion. Councilmember Hunter noted that a resident had a poor experience with a 911 incident, and questioned if the 911 recordings are public record or confidential. Chief of Police Geagan responded that currently the recordings are public record, but there is some movement in the legislature to make the recordings confidential. Councilmember Wachter directed the next question to Director of Parks Vraa, asking if, following the park's system plan update, a thorough investigation of the Community Festival Surveys would follow. Director of Parks Vraa noted that on March 14, 1994 part two of the survey was presented to the Advisory Parks, Recreation, and Natural Resources Commission for review. It was determined that before the survey could proceed, a stronger support from other entities, like the Chamber of Commerce, the Lions and other social- service organizations in the community should be gathered. Director of Parks Vraa concluded that, at this time, the APRNRC had adopted a "wait and see" attitude, in order to share information with the Convention and Visitor's Bureau, the Chamber of Commerce, as well as other organizations for feedback. City Councilmember Hunter requested clarification on the final step was of the Standard and Poor's schedule of reviewing the City's bond rating. City Administrator Hedges explained that Standard and Poor's will review the information, make a recommendation to their Review Board, and the City should have a response within approximately two weeks. He also noted that Standard and Poor's representatives were fairly convinced, following a presentation by the City of Eagan, that the City deserved further rating analysis. Councilmember Masin questioned what level of criteria would be used to shift the rating from one level to another. City Administrator Hedges responded the biggest issue of concern is level of debt, or the amount of bonds outstanding. He further explained that Standard and Poor's will take the total amount of outstanding debt, relate that to a per capita and certain other thresholds. The Council expressed its appreciation to Northwest Airlines and West Publishing for their hospitality and participation in the activities of that day. Councilmember Wachter suggested, that regarding the ISTEA trials grant for the Minnesota River Valley, a contact who could provide a picture of the train depot under Consent Agenda, Item L. Councilmember Awada questioned why the development of a local community news and information program had not been developed as of yet. Assistant to the Administrator Hohenstein replied that the tardiness was due to the difficulty in the past of providing a producer for that show. However, he added, now the Cities of Burnsville and Eagan have communication positions where a portion of the responsibility is to promote and encourage government programming, and it is hoped that those two positions can work together to achieve this goal. Councilmember Masin noted that the Council had been unable to meet with their Congressman as originally intended concerning legislative issues. It was suggested that Cable Coordinator Mike Reardon draft a letter on behalf of the Council reiterating points outlined in an earlier memorandum to the City Council on the Telecommunications Bill. City Administrator Hedges responded the letter would be prepared and FAXed out for City Council review. CpNSEN'I' ~C,E~IT? Councilmember Awada commented on Items J and K. She expressed an interest in participating in the 00073 PAGE 3/EAGAN CITY COUNCIL MARCH 15,1994 labor attorney RFP selection process. Mayor Egan directed City Administrator Hedges to inform the Council what was the process in previous labor attorney selections, and prepare a memorandum outlining the process so Councilmembers could decide if they wanted to pursue the process to the next step. Councilmember Awada noted a typo on page 32 of the City Council packet, 2e, it should read: "State the fees for those services." She also stated her support for Item K, approval of the telecommunications audit proposal by Midwest Auditing Service. Councilmember Wachter expressed his support of the Wetland Conservation Act, Item D. Councilmember Masin questioned when the position of an in-house staff attorney would play into the RFP process. City Administrator Hedges responded that initially Council discussion determined the position of city attorney would be decided along with the municipal center expansion building plans. Later, he recalled, it was decided that the building plans shouldn't drive the decision for an in-house attorney or vice versa, and that the position wouldn't be considered in that context. He added that staff would continue to look at the in-house city attorney position as the Council directed. Mayor Egan added the decision to wait on the in-house attorney position was due to analysis that showed the position not feasible for the City of Eagan under the given circumstances, and that, collectively with all the other decisions at that the time, the City was not heading in the right direction to raise that particular issue. City Administrator Hedges circulated a memorandum to the City Council outlining reasons and recommendations presented by himself and Police Chief Geagan that the employee acknowledged in the memorandum be dismissed during probation by the City Council. He added that the issue has been discussed with LELS and they understand the information that has been presented to the employee under the probationary period. The City Council incorporated this as a consent personnel item. A. Personnel Items Item 1. Seasonal Street Maintenance Worker--It was recommended that the appointment of Dan Herkdole as a seasonal street maintenance worker be ratified. Item 2. Seasonal Recreation Employees--It was recommended for approval that the following persons be appointed as 1994 seasonal recreation employees: Melanie Mesko and Holly Confer as seasonal recreation leaders; Katie Jorgenson as a seasonal recreation assistant; and LeiLani Fischer as seasonal recreation program assistant. Item 3. Dismissal of an employee--It was recommended that the dismissal of Deanna Duncan-Parduhn during her probationary period be approved. B. Plumbers' Licenses It was recommended that the plumbers' licenses be approved as submitted (Exhibit A). C. Proclamation It was recommended that the Proclamation for the Days of Remembrance of the Victims of the Holocaust Week, April 3-10, 1994, be approved. R-94.17 D. Resolution Regarding the Administration of Permanent Rules - Wetland Conservation Act It was recommended the resolution regarding the administration of permanent rules for the Wetlands Conservation Act be approved. R-94.18 00017 0" PAGE 4/EAGAN CITY COUNCIL MARCH 15, 1994 E. Certificate of Correction to Plat It was recommended that a Certificate of Correction to Plat, Outlot A, Town Centre 100-6th Addition be approved. F. Contract 94-01 It was recommended that plans and specifications to authorize advertisement for bids for Cedar Grove 7, 8, 10 & 11 - Rehabilitation be approved. G. Project 661/ Street Rehabilitation It was recommended that Project 661, street rehabilitation receive a feasibility report and order the public hearing for Sibley Terminal Industrial Park for street improvements be approved. H. Project 673/ Authorize Feasibility Report It was recommended that Project 673, an authorization for a feasibility report for street and utilities on Farm Road/Gun Club Road, be approved. 1. Release of Temporary Access Easement (Lot 1. Block 2. Duckweed Crossing) It was recommended that the release of a temporary access easement of Lot 1, Block 2, Duckweed Crossing be approved. J. Requests for proposal/ City Consulting Services for General Civil. Prosecution. Labor and Bond Counsel It was recommended that requests for Proposal, City Legal Consulting Services for General Civil, Prosecution, Labor and Bond Counsel be approved. K. Telecommunications Specialist Auditing Services Proposal It was recommended to approve the Telecommunications Auditing Services Proposal. L. Grant Application ISTEA It was recommended to approve the ISTEA Grant Application by Parks & Recreation Department for the Minnesota River Valley Railway Link. M. Contract Agreement/ Dakota County Sentence to Service It was recommended to approve the Dakota County Sentence to Service Contract agreement. N. Final Plat/ Diffley Commons 3rd Addition It was recommended that the final plat for Diffley Commons 3rd Addition be approved. R-94.19 0. Extension for Recording Final Plat. Autumn Ridge 4th Addition It was recommended that the extension for Recording Final Plat, Autumn Ridge 4th Addition, be approved. P. ARC recommendation/ Metropolitan Airports Commission Complaints Categories It was recommended that the ARC recommendation for Metropolitan Airports Commission Complaint Categories be approved. Wachter moved, Awada seconded, a motion to approve the Consent Agenda with the addition of the Personnel Item #3. Aye: 5 Nay:O. P RING BLI HEARINGS PROJECT 638/YANKEE DOODLE ROAD-LEXINGTON AVENUE TO TH149 000? PAGE 5/EAGAN CITY COUNCIL MARCH 15, 1994 Mayor Egan introduced this item as Project 638, Yankee Doodle Road, Lexington Avenue to TH149, (Upgrade). The City Administrator noted that an issue recently arose alerting staff to a technicality in the legal notice which did not include street improvements and only recognized storm sewer. He further explained that Director of Public Works Colbert and the City Attorney have discussed the issue with the City Administrator. City Administrator Hedges stated on the basis of legal counsel, the Project 638 hearing could not proceed until proper notification could occur, otherwise it would be an invalid process if the Council moved ahead. City Attorney Sheldon made remarks on the strict standards regarding proper notice of assessments and reiterated that upon review of the street reconstruction notice there appeared to be a street notification left out inadvertently and there may be some issue of understated cost. He suggested that the City Council reauthorize the Public Hearing for April 5, 1994 if, in fact, the publication could be made on Wednesday, March 16, 1994, or if this publication could not be met, the following City Council meeting. City Attorney Sheldon added that staff is unhappy about this matter but he felt it is the best advice under the circumstances. Mayor Egan restated his displeasure with the matter, but concluded that the attorney's recommendations must be followed. He requested a show of hands of how many present in the audience were for Public Hearing 638, and expressed the Council's feelings that the incident was terribly unfortunate. Wachter moved, Awada seconded a motion to deny Project 638 as noticed and to renotice the Public Hearing as required. Aye: 5 Nay: 0 PROJECT 667, Cedarvale Drive Mayor Egan introduced this item as Project 637, Cedarvale Drive (Reconstruction). Following brief remarks from City Administrator Hedges and Director of Public Works Colbert, Leonard C. Newquist, Consultant of Short Elliot Hendrickson Incorporated, described details associated with the project. Mr. Newquist explained the project is an improvement to Cedarvale Drive that extends approximately 380 feet from Rahn Road into the parking lot of the Cedarvale Shopping Center. He added that four petitions were received and each one of those petitions requested that Cedarvale Drive be improved and supported the estimated cost for adding curbs along the Cedarvale Professional building side of the drive along with the resurfacing of the parking lots for the Cedarvale professional Building. Mr. Newquist stated the feasibility report included the improvements to Cedarvale Drive, the estimated costs, and the assessments, but did not include any work on private property, which would be involved in the parking lot work. In closing, Mr. Newquist discussed the details of the project, and that the proposed assessments to the three property groups; one to the southerly side of Cedarvale Drive, one to the northerly side of Cedarvale Drive, and the shopping center benefitting from this driveway, be equal or 1/3 of the total cost of $56,280. In addition, he recommended that the southerly side of the Cedarvale Drive side office- complex share equally in the assessment, with their share being 1/8, or a total of $18,760, of the total cost of $56,280. He concluded with the project schedule, stating that if the project went ahead as planned it would be a 1995 construction project, placed within a larger project in order to achieve better prices on the bids, and would be assessed in 1996. Mayor Egan questioned whether this project could be grouped with any other projects. Mr. Newquist responded he was not aware of any other projects that it could be grouped with. He added that in discussions with city staff, the grouping of Project 667 with the Silver Bell Intersection project. This appeared to be the most appropriate grouping, since they were within a block or two of each other. Councilmember Hunter questioned why the indirect costs were estimated at 45%, when it is usually 35%. Mr Newquist responded that it was an estimate and that it was higher because of the small cost of the 000 43 PAGE 6/EAGAN CITY COUNCIL MARCH 15, 1994 improvement involved. Councilmember Hunter then asked if the project was grouped with a larger project would the indirect costs decrease to the typical 35%. Mr. Newquist responded that it could happen. Councilmember Wachter asked how many trees would be impacted. Mr. Newquist stated it is believed there would be one pine tree, located on the southerly side, outside of the roadway. He added this tree was included in the cost of the project. Councilmember Wachter questioned whether it was possible to transplant it. Mr. Newquist responded he thought it was too large. Councilmember Wachter stated he would like to see an investigation of whether the tree could indeed be transplanted. Councilmember Wachter questioned if any manholes exited within the project. Mr. Newquist answered there were none, and there were no plans to locate the utilities in the public right-of-way. Mayor Egan then opened the hearing to public comment. Mark Parranto, 4537 Lake Park Drive, one of the owners of the office complex, expressed concern on behalf of himself and other owners, over the cost estimation of $125 per foot for driveway expenses. He disputed the assumption of 600 cars per day traveling onto the driveway. The owners of the office group and Cedarvale Shopping Center have agreed they would rather undertake the project themselves. He added that presently the City does not plow snow for the driveway area, instead the shopping center takes are of the snow removal, and the City has been repairing potholes that have developed in the last 3-4 years. The owners, he expressed, would like this project held off for a while, during which time the shopping center owners would speak to the only unrepresented owner, Firststar Bank, to see if the project could be worked out amongst the owners. He added the owners would propose to fix the street and the parking lots that require maintenance for less money right now, rather than wait until 1995. Mayor Egan questioned whether anyone had spoken to the Firststar Bank. Mr Parranto responded that they have tried unsuccessfully to contact people from the bank. Gregg Larson of the Cedarvale Shopping Center expressed support for Mark Parranto's request. In particular, he stated, that Cedarvale Shopping Center management is concerned with the project not being done until late 1995, when the area needs the work to be addressed now. Mayor Egan asked for specifics on what the owners proposed to do for the street parking lots. Mark Parranto replied that the area was not a city street until the early 1980's, when the city received the area by default along with a lengthy series of easements which ran all over the area. He added although there were no formal plans, the owners proposed to cut and patch where bad material exists, fix the grade so ponding water on the entrance to the driveway adjacent to Rahn Road would be alleviated, remove the remaining railroad ties and replace with curbing, and resurface portions of the parking lots with a standard two-inch wearcourse. Councilmember Awada questioned why the area became a public street if it originally was a driveway or private street. Director of Public Works Colbert responded that Cedarvale Drive was originally platted as public right-of-way, in approximately 1969, and has been city public right-of-way since the date of the plat. He added he believed the City had always possessed the easement, since it was originally dedicated by the Slater Family as a part of the Cedarvale Mall development dating back 25-35 years. Mayor Egan questioned Director of Public Works Colbert about Mr. Parranto's assertion that the City is not removing snow for the drive area. Director of Public works Colbert responded he did not research that particular question, but had asked whether the City maintained the particular section of roadway and the response was yes. He added he was aware that the City had been patching the area and had installed traffic control stop signs to the entrance of Cedarvale Mall. Ott 00` PAGE 7/EAGAN CITY COUNCIL MARCH 15, 1994 Councilmember Hunter noted that on page 92 of the feasibility report the issues of relinquishing the public right-of-way had been outlined by staff. Staff had researched Mr. Parranto's proposal and deemed it impractical because vacation of public right-of-way would create land-locked legally platted parcels of property located along Beau De Rue Drive. Director of Public Works Colbert provided some background and stated that, if all property owners were willing to provide each other with cross easements in order to provide access, Mr. Parranto's proposal to vacate the public right-of-way would be an option to consider. Mr. Parranto responded that such cross easement documentation exists in the office complex, providing every owner in the complex the right to walk up and down the boardwalk on an easement and the right to park in either parking lot, regardless of who owns it. Councilmember Hunter noted that the documentation would have to be expanded to include access specifically to the private driveway. Director of Public Works Colbert noted that another concern that would require research would be if the area is vacated, would it also revert to the Slater Family, similar to other frontage road cases, or the office park owners. Following City Council discussion, Councilmember Awada stated she was willing to let this area legally become the driveway it has served as and allow the people to do as such, providing that the owners could get the easements, and if the Council felt comfortable that the area will be truly reconstructed. Mayor Egan noted several areas of research to be investigated including whether or not the City has been maintaining and snow plowing the area, what legal documents the office park ownership currently possesses, whether that agreement is sufficient to include cross-easements, and whether all parties are in agreement to the proposal. Councilmember Awada made a motion to continue Project 667 (Cedarvale Drive-Reconstruction)until the May 16, 1994 City Council meeting. At that time, she noted, the Council will reconsider the project hoping that Mr. Parranto will return with all the necessary documentation for cross-easements, and an agreement to take care of the parking lot in the future. Councilmember Hunter seconded the motion. Aye: 5 Nay:O . . . . . OLD BULIESS There were no Old Business Items. . lWBUSINESS SPECIAL USE PERMIT/CUB FOODS Mayor Egan introduced this item as a Special Use Permit for Cub Foods to allow a temporary greenhouse on Lot 1, Block 1, Cliff Lake Center in the Southwest quarter of Section 29. City Administrator Hedges provided introductory comments. Director of Community Development Reichert explained the Special Use Permit request and location. She noted that Cub Foods has applied for this Special Use Permit several times in the past and has been approved, except for in 1990. She explained that if this was to be approved it would be a temporary permit to expire June 12, 1994 and that Cub Foods would need a building permit. PAGE 8/EAGAN CITY COUNCIL MARCH 15, 1994 Brian Harvieux from Cub Foods explained the greenhouse would be located in the same area as previous years and would include a more solid and attractive structure. Councilmember Wachter expressed he was not in favor of the request because Cub Foods is not in the business of nursing stock, and that in the future these requests may get out of hand. Councilmember Masin agreed with Councilmember Wachter, citing an issue of fairness with temporary requests like this by Cub Foods and permanent nursery structures in the area. She also added that the Cub Foods greenhouse does appear to have been an accepted part of the community for a long time. Following discussion by the City Council, Awada made a motion to approve a Special Use permit for Cub Foods as presented with staff conditions. Hunter seconded the motion. Staff conditions as presented included: 1. The permit is temporary and shall expire after June 12, 1994. Z A building permit shall be obtained through the City of Eagan protective inspections division, 3. The building shall be open ended to allow exiting at both ends of the greenhouse with all product being enclosed in the building. 4. The permit shall be subject to all applicable Code requirements. Aye:4 Nay:1 (Wachter) REZONING/WENDELL CARLSON Mayor Egan introduced this item as a rezoning for Wendell Carlson of approximately 1.4 acres from R-3 (Townhouse) to R-1 (Single-Family), located along the east side of Galaxie Avenue, south of Cliff road in the northeast quarter of Section 33. City Administrator Hedges stated this item was reviewed by the Advisory Planning Commission at the February 22, 1994 meeting, and that the APC recommended approval of the rezoning. Director of Community Development Reichert explained the rezoning request and it's location. Howard Kyllo, 3178 Alden Pond Lane, appeared acting as a consultant to Wendell Carlson who had a conflict and couldn't attend the meeting. Mr. Kyllo explained that the request in the petition called for a private cul-de-sac, which was done to preserve trees. He sated the applicant feels the rezoning is consistent with the surrounding neighborhood. Councilmember Awada questioned the compatibility of the property that is for sale signed as D-4 zoning. Mr. Kyllo responded that ideally they would have acquired the property, but it is priced so high it was not feasible. She then requested clarification of the zoning of the property for sale to the north of the Wendell Carlson property. Director of Community Development Reichert explained that parcel is guided D-1 and still zoned Agricultural. City Administrator Hedges explained that the for sale sign denoting the Area D-4 has been an issue in the past. He went on to state that staff has raised the issue with the landowner several times and has even sent them a letter and put the property owners on notice. Councilmember Wachter stated he would like to see the property owner requested to remove the sign incorrectly displaying D-4 zoning. Councilmember Wachter raised a concern over access to the Wendell Carlson property, stating he felt one access to the entire property would be more appropriate than the proposed access to the south. Director of Public Works Colbert responded that Councilmember Wachter's concern for one access would be desirable, but presently since there are two separate parcels each owner has the right to their own access onto Galaxie Avenue. PAGE 9/EAGAN CITY COUNCIL MARCH 15, 1994 Hunter moved a motion for a rezoning for Wendell Carlson of approximately 1.4 acres from R-3 (Townhouse) to R-1 (Single -Family) located along the east side of Galaxie Avenue, south of Cliff Road in the northeast quarter of Section 33. Aye: 5 Nay: 0 PRELIMINARY PLAT/GALAXIE HILL OAKS WENDELL CARLSON Mayor Egan introduced this item as a preliminary plat for Galaxie Hill Oaks Addition, 1.4 acres and a variance of 10 feet to the requires 45 for cul-de-sac radius located along the east side of Galaxie Avenue, South of Cliff Road in the northeast quarter of Section 33. City Administrator Hedges noted this item was consistent with the Planning Commission's action on the previous item. Director of Community Development Reichert explained the preliminary plat and variance request and location. She stated that the preliminary plat request was very straight forward with a private street and smaller radius cul-de-sac to protect and preserve trees. She added that there were nine conditions recommended, two of which were added by the Advisory Planning Commission, regarding the hydrant to be installed and declaration of covenance and easements. Councilmember Wachter questioned whether the applicant's plan to put approximately four feet of fill on lot 3, would be around trees. Mr. Kyllo responded that it would not, and that a tree survey conducted showed a loss of 17 percent, but that those trees would be removed for the house construction anyway. He added that not many trees according to the inventory list the owner had conducted would be impacted. Hunter moved, Wachter seconded, a motion to approve the preliminary plat for Galaxie Hill Oaks Addition/Wendell Carlson, consisting of four lots on approximately 1.4 acres and a variance of 10 feet to the required 45 foot cul-de-sac radius located along the east side of Galaxie Avenue, south of the Cliff road in the northeast quarter of Section 33, subject to the nine Advisory Planning Commission recommended conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993 shall be complied with: Al, B1, B2, C1, C2, D1, El, Fl, G1, and H1 2. A cash parks and trails dedication. 3. A cash water quality dedication in lieu of on-site ponding. 4. Development consistent with tree preservation plan submitted. 5. This development will be responsible for providing an 8" sanitary sewer stub to the north from the private street to allow the future extension of the 8" line without disturbance to the proposed private street. 6. The construction of the private street shall include concrete curb and gutter around the edges and a concrete valley gutter at the connection of Galaxie Avenue. 7. Individual lot driveway access to Galaxie Avenue will not be allowed. 8. Declarations of covenants and easements shall be prepared and submitted to the City Attorney's Office for review, providing for access across and maintenance of the private street; the Declaration shall be recorded with the plat. L Ale PAGE 10/EAGAN CITY COUNCIL MARCH 15, 1994 9. A hydrant shall be installed on the eastern terminus of the proposed water line and shall provide adequate fire protection to the proposed home sites. Aye: 5 Nay.O LEGAL ISSUE Mayor Egan introduced this item as a legal issue Gene Rechtzigel raised about a property division of the Francis Franz parcel that occurred as a result of rerouting Deerwood Drive due to the 135-E corridor. Councilmember Hunter requested additional information concerning the parcel which is apparently without an identification number as a result of the new road alignment. The City Council discussed previous conversations with Mr. Rechtzigel. City Attorney Sheldon circulated a memorandum and provided background information noting that the only thing a city acquires in a roadway easement is an easement. Therefore, he added, the underlying property together with the property on the north and the south is still owned by the estate, and there is no division of property. He concluded that the situation was not something the City had done, instead it is a county practice and the state law. He noted the Rechtzigel's asked if they could subdivide the property and the response has been that Eagan's ordinances and the State law requires a public hearing in front of the Advisory Planning Commission or City Council in order to approve the subdivision. Following discussion, the Council concurred with the City Attorney's opinion that the City must proceed with the full waiver of plat procedure. LEG! STSVjINTERGOVERNMNI`AL AF>?A11iLS t'gAT Mayor Egan introduced this item as an update on the Dakota County League of Governments March meeting. Councilmember Hunter provided an update on the meeting's topic of Orfield Legislation, remarking that the meetings continue to be well attended. He also raised a question of whether the South Metropolitan Mayors Association was aware of the Dakota County League of Governments. Following City Council discussion, Councilmember Hunter concluded that a great majority of overlap exists between the two associations. City Administrator Hedges was directed to prepare a letter to Frank Ongaro describing the overlap of the Dakota County League of Governments with the South Metropolitan Mayors Association, the City's satisfaction with its membership in the Dakota County League of Governments Association, and an invitation to Mr. Ongaro to attend the next Dakota County League of Governments meeting. Councilmember Hunter announced the next meeting will be at the West St. Paul City Hall on April 13, 1994 at 7:00 p.m. ADMIT ISTRAiTIVI,.A . ENDA Director of Community Development Reichert informed the Council of the death of Ken Applebaum, a long time Eagan developer, death. City Administrator Hedges stated he would coordinate an awareness discussion between a few members of the City Council and one or two members of the District 197 school board, along with the City Administrator and the School Superintendent. It was determined that Councilmember Hunter would attend all meetings, along with Councilmember Awada for School District 197 meetings, and Councilmember Masin for School District 191 meetings. 0 0S PAGE 11/EAGAN CITY COUNCIL MARCH 15, 1994 Councilmember Wachter raised the issue of community entrance signs. Councilmember Awada recalled previous discussions regarding gateways/signs for Eagan. Following Council discussion, it was determined to use page 188 "shadow and contrast" signs until further research could be undertaken on gateway proposals. Wachter moved, Awada seconded a motion to approve the "shadow/contrast" sign on page 188. Aye: 5 Nay: 0 Councilmember Awada pointed out a Wall Street Journal, Tuesday March 8, 1994, article "America's 20 Hottest White Collar Addresses" that listed three counties within Minnesota, including Dakota, Washington and Olmstead counties, out of the 20 selected nation wide. Councilmember Masin expressed an interest in the City pursuing an international task force or commission to investigate a Sister City Program, and/or the Baltic Foundation. Mayor Egan stated his support for the idea, and recalled a previously difficult experience with a Sister City Program with Limerick, Ireland, due to the weakness of the Irish economy. It was suggested that Councilmember Masin put some ideas together and present a purpose for the program to pursue further. Following a visit to Botanical Gardens in Washington, Councilmember Masin suggested devoting a portion of the Patrick Egan Park or another park to endangered plants species in the region. The Eagan Garden Club was provided as a contact to follow up on this proposal. Mayor Egan directed City Attorney Sheldon to research the issue of liability regarding the Americans with Disabilities Act standards for a city which regulates other institutions. Councilmember Wachter expressed an interest in having the City's animal control officer coordinate a dog show to be scheduled along with Fourth of July events. CHECKGTST Wachter moved, Egan seconded a motion to approve the checklist dated February 11, 1994 in the amount of $2,338.99 and the checklist dated February 11, 1994 in the amount of $1,076,782.34. Aye: 5 Nay: 0 .0 OU'>I;NMUNVEXECUTIVE ;SESSION/ S)PIErCIAL CITY OU1~ CAI ME>Er`li1(NO The regular meeting of the Eagan City Council adjourned to discuss pending litigation at approximately 9:30 p.m. Those present in Executive Session were Mayor Egan and Councilmembers Awada, Hunter, Masin, and Wachter. Also present were City Attorney Jim Sheldon and City Administrator Hedges. The meeting adjourned at approximately 10:00 p.m. The Special City Council meeting followed the Executive Session meeting. JP CITY OF EAGAN Vlerk verbeke 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).