Loading...
04/05/1994 - City Council Regular 00387 MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota April 5, 1994 A regular meeting of the Eagan City Council was held on Tuesday, April 5, 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. City Administrator Hedges noted that two Personnel Items, which were included with the Additional Information packet, have been added to the Consent Agenda. Wachter moved, Hunter seconded, a motion to approve the agenda for the April 5, 1994 regular City Council meeting as amended. Aye: 5 Nay: 0 <iyaNU`l;~S: Councilmember Hunter noted the following correction to the March 15, 1994, regular City Council minutes: Page 10, Paragraph 3, Sentence 2: replace the word, "contract" with the word, "contrast." Mayor Egan also referred to the omission of conditions under certain items in the March 15 minutes and it was noted as an oversight and conditions will be continue to be inumerated with each agenda item in the future. Awada moved, Wachter seconded a motion to approve the minutes of the March 15, 1994 regular City Council meeting as amended. Aye: 5 Nay: 0 Wachter moved, Masin seconded a motion to approve the minutes of the January 25, 1994 special City Council meeting as presented. Aye: 5 Nay: 0 Awada moved, Masin seconded a motion to approve the minutes of the February 1, 1994 special City Council meeting as presented. Aye: 5 Nay: 0 Wachter moved, Hunter seconded a motion to approve the minutes of the February 28,1994 special City Council meeting as presented. Aye: 5 Nay: 0 Awada moved, Wachter seconded a motion to approve the minutes of the March 8, 1994 special City Council meeting as presented. Aye: 5 Nay: 0 VIS R5 TO E> IE There was no one in the audience who wished to address the City Council under this section. 3~E~'ART1NE1P' EEAD PARKS & RECREATION DEPARTMENT/FISH LAKE After introduction by Mayor Egan, City Administrator Hedges provided brief background on this item and the Advisory Parks, Recreation & Natural Resources Commission's discussion regarding this proposal. Mr. 1 is 1 63 PAGE 2/EAGAN CITY COUNCIL MINUTES April 5, 1994 Hedges noted that Water Resources Coordinator Rich Brasch and Director of Parks & Recreation Ken Vraa were present to answer any questions. Mr. Hedges reported an objection had been filed by a local developer regarding this action. Councilmember Hunter stated that the process had worked very well and Rich Brasch had responded to the developer's concerns so thoroughly that the Councilmember found it hard to disagree with any of Mr. Brasch's findings. Mayor Egan noted his agreement. Councilmember Wachter asked Water Resources Coordinator Brasch about the pond volume of JP-5. He asked if the pond level was going to be lowered during construction and whether it would be raised again once construction is completed. Mr. Brasch said it is the developer's obligation to increase the volume of the pond to its original level. In answer to another question by Councilmember Wachter, Mr. Brasch said the feasibility of aerators had not been reviewed or evaluated as of yet. The Council congratulated Mr. Brasch on a job well done. Hunter moved, Martin seconded a motion to approve the construction of a bypass for Fish Lake outflows around Pond JP-5 to Blackhawk Lake as presented. Aye: 5 Nay: 0 4I1SGIE Councilmember Hunter asked if the City had heard anything from the Legislature regarding the ice arena proposal. Director of Parks & Recreation Vraa said the City has not; however, he would check further. City Administrator Hedges introduced Lori Eastlund, who is taking over as reporter for the Eagan area from Terry Mencel. Terry will become the office manager of the SunCurrent newspaper. The City Council offered congratulations to both. It was noted that Jim Sheldon had been elected to the Board of Dakota Electric Association. It was recommended that Item J, Contract 94-03, Approve Plans and Specifications/Authorize Advertisement for Bids (Blackhawk Road and Blue Cross Road - Streets & Trail), be removed from the Consent Agenda and placed under Old Business as Item A. The City Council asked a number of questions and, in particular, City Administrator Hedges will keep the City Council informed of all the details of upcoming computer purchases. The Mayor, City Councihnembers and City Administrator noted the resignation of the Administrative Secretary and expressed their kind thoughts about her departure. Had she been composed enough to speak, she would have thanked the City Council for the opportunity to work for and with some of the finest people our City has to offer. She will miss the City very much but leaves it in very competent hands. A. Personnel Items Item 1. Seasonal Park Maintenance Workers--It was recommended that the hiring of Brian Trotter, David Jungers, Timothy Spencer, Brian Banazweski, George Sellner, Randy Bryant, Velta Jean Martin, Joseph Wilcox, Michael Marxer, Robert Parrot, and Daniel Huberty be approved. 0 -let PAGE 3/EAGAN CITY COUNCIL MINUTES April 5, 1994 Item 2. Seasonal Ballfield Attendant--It was recommended that the hiring of Raymond Sperl as a seasonal ballfield attendant be approved. Item 3. Seasonal Forestry Technician--It was recommended that the hiring of Stanley Schneider as a seasonal forestry technician be approved. Item 4. Seasonal Turfgrass Inspector--It was recommended that the hiring of Leroy Berg as a seasonal turfgrass inspector be approved. Item 5. Seasonal Park Attendant--It was recommended that the hiring of Laura Hampton as a seasonal park attendant be approved. Item 6. Seasonal Tree Inspector--It was recommended that the hiring of Jeff Perry as a seasonal tree inspector be approved. Item 7. Seasonal Street Maintenance Worker--It was recommended that the hiring of Ben Anderson as a seasonal street maintenance worker be approved. Item 8. Part-time Police Receptionist/Clerical Technician II--It was recommended that the hiring of Linda Seifert and MaryJo Eilers as part-time Receptionists/Clerical Technicians II in the Police Department be approved. Item 9. Police Officer--It was recommended that the hiring of Rick Redenius as a Police Officer be approved contingent upon successful completion of the medical, psychological and drug testing exams. Item 10. Community Service Officer--It was recommended that the hiring of Tracy Harrel, John Kin, and Roger New as Community Service Officers be approved contingent upon successful completion of the medical, psychological and drug testing exams. Item 11. Resignation/Administrative Secretary--It was recommended that the resignation of Administrative Secretary Karen Finnegan be accepted and filling the position authorized. Item 12. Seasonal Recreational Employees--It was recommended that the hiring of Julie Beecher, Rachel Collingham, Cathy McNeil and Cara Doring as recreation leaders and Brian Larsen as a recreation assistant be approved. B. Licenses. Plumbers It was recommended that plumbers licenses for 1) A.C. Doyle Plumbing & Heating, Inc., 2) Courteau Plumbing, 3) DMS Plumbing Services, Inc., 4) Michael J. Peterson Plumbing, and 5) Ryan Plumbing be approved. C. Proclamation. Eagan Arbor Day (April 30. 1994) and Eagan Arbor Month (May) It was recommended that a proclamation designating April 30, 1994, as Eagan Arbor Day and May 1994 as Eagan Arbor Month be approved. R-94.20 D. Contract 93-16. Receive Bids/Award Contract. Lexington Diffley Athletic Site It was recommended that Contract 93-16 be awarded to the lowest responsible bidder as recommended by staff. PAGE 4/EAGAN CITY COUNCIL MINUTES April 5, 1994 E. Approve Extension of Meter Reading Services Contract It was recommended that the extension of a meter reading services contract with RMR Services, Inc. be approved. F. ARC Recommendation. MASAC Representative It was recommended that the Airport Relations Committee recommendation to appoint Lois Monson and Jon Hohenstein to one year alternate terms on the Metropolitan Aircraft Sound Abatement Council be approved. G. Resolution, Application for Exemption from Lawful Gambling License. Valley Viewers 4-H Club It was recommended that a resolution exempting the Valley Viewers 4-H Club from the lawful gambling license requirements be approved. R-94.21 H. Resolution. Dakota County ISTEA Grant. Informational Signs It was recommended that a resolution supporting the location of county road bike trail informational signage and an informational kiosk within the City of Eagan as part of the County's ISTEA grant application be approved. ~ R-94 .22 1. Contract 93-01. Approve Final Payment /Authorize Maintenance (Central Maintenance Facility - Cold Storage Building) It was recommended that 6th and final pay request in the amount of $13,513 to Penn-Co Construction, Inc., be approved and acceptance of the completed facility authorized subject to contract warranty provisions. J. Contract 94-03. Approve Plans and Specifications/Authorize Advertisement for Bids (Blackhawk Road & Blue Cross Road - Street & Trail) It was recommended that the plans and specifications for Contract 94-03 (Blackhawk Road and Blue Cross Road - Streets & Trail Improvements) be approved and the advertisement for a bid opening authorized to be held at 10:30 a.m., on April 29, 1994. K Project 638R, Order Feasibility Report (Yankee Doodle Road - Street & Storm Sewer) It was recommended that the feasibility report for Project 638R (Yankee Doodle Road - Street & Storm Sewer) be ordered and a public hearing scheduled for April 19, 1994. L. Vacate Portions of Public Utility Easements. Receive Petition/Order Public Hearing (Lots 1-10. Block 1. Woodlands North 2nd Addition) It was recommended that the petition be received and a public hearing to vacate portions of public drainage and utility easements over Lots 1-10, Block 1, Woodlands North 2nd Addition, scheduled for May 3, 1994. M. Authorize Purchase. Miscellaneous Public Works Department Vehicles and Equipment It was recommended that the purchase of miscellaneous public works vehicles and equipment be approved as identified in the packet. (;;0G31 PAGE 5/EAGAN CITY COUNCIL MINUTES April 5, 1994 N. Ratify Changes in Fire Department Pension Fund. Eagan Fire Relief Association It was recommended that the changes in the Fire Department Pension Fund, Eagan Fire Relief Association, be ratified. 0. Contract 89-66. Acknowledge Completion /Authorize City Maintenance (Deerwood Crossing -Streets ilii s It was recommended that the completion of Contract 89-GG (Duckwood Crossings - Streets & Utilities) be acknowledged and perpetual City maintenance authorized subject to the warranty provisions of the development agreement. Hunter moved, Awada seconded a motion to approve the Consent Agenda as presented with the exception of Item J, which was moved to Item A of Old Business. Aye: 5 Nay: 0 PROJECT 650/HAWTHORNE WOODS 3RD ADDITION Mayor Egan introduced this item as Project 650, final assessment hearing (Hawthorne Woods 3rd Addition - Utilities). Director of Public Works Colbert explained the project, its costs and then referred to the final assessment rates. He noted the assessment rates were slightly higher than originally estimated due to influences in the construction business and referred to the receipt of one objection. The owner of 4255 South Robert Trail indicated that the developer had agreed to pay 50% their assessments and asked if that figure was accurate. Mayor Egan indicated that the City would not have the particulars of a private agreement and it would be up to the owner to ensure that it was accurate. Councilmember Masin noted the letter of objection and asked what the implications would be if the well on this property owner's property was impacted by construction. City Attorney Sheldon stated that if the improvements affect a private wall, the City will be responsible and will take up the issue with its contractors if the damages are caused by them as agents of the City. After brief discussion, Awada moved, Hunter seconded a motion to close the public hearing and approve the final assessment roll for Project 650 (Hawthorne Woods 3rd Addition - Utilities) and authorize its certification to Dakota County. Aye: 5 Nay: 0 CONTRACT 94-03/BLACKHAWK & BLUE CROSS ROADS Mayor Egan introduced this item as Contract 94-03, approve plans and specifications/authorize advertisement for bids (Blackhawk Road & Blue Cross Road - Streets & Trail). He said he had spoken with Margaret Schreiner, former Met Councilmember and resident, about this item and noted it has been removed from the Consent Agenda and placed on the Old Business agenda to allow for discussion. The Mayor stated there were a number of residents, including Ross Kramer, who had additional concerns now that the surveying stakes were in place and he recounted their complaints. Mayor Egan recalled it had been Council's direction that staff work with the residents on Blackhawk Road to mitigate some of the effects of the improvements. He said the City had pledged to be sensitive to the residents but wondered whether it should perhaps go further with design reductions. Ake PAGE 6/EAGAN CITY COUNCIL MINUTES April 5, 1994 In response to Mayor Egan's reference to Mr. Kramer's complaints about the road, Councilmember Wachter noted that it was unlikely the oak tree on Mr. Kramer's property would die if the City doesn't overly disturb the area around the tree. He said the only problem may be the curb keeping water from getting to the roots during heavy rains, however, he noted it would not be much different than it is now. Councilmember Wachter then said he has been an advocate of the trail system for a long time and this particular trail segment is long overdue. He stated the street is utilized heavily and for safety's sake, it is essential that the project and the trail go forward. Mayor Egan asked if it was possible that Blackhawk Road narrow at the Kramer property to be more sensitive to the berm, oak tree and other landscaping. Councilmember Masin questioned why the amount of traffic generated by Blue Cross Blue Shield was not taken into account in planning the transportation system for the City. She expressed her interest in seeing the appraisals for the Kramer property and their neighbor to see how much those property values will suffer with the upgrade of Blackhawk Road. She was concerned that residents would be made to pay for poor planning. Director of Public Works Colbert stated that the Kramer's and their neighbor's property will be appraised to determine what benefit, if any, they will realize from the improvement. He said the appraisals should be back in approximately three weeks. Councilmember Masin then asked what would happen if the property showed a loss of $20,000? Would the City compensate the Kramers? Councilmember Awada noted that the City was not taking any additional right-of-way than already exists on the Kramer property. Director of Public Works Colbert explained said there are four parcels where the City will need to acquire easements, but the City is working within the right-of-way on the Kramer property. Mr. Colbert added that in the design phase, the City had taken great pains to anticipate any concerns and have reduced right-of-way and boulevard setbacks, removed the sidewalk on one side of the street, and shifted the road at times to protect as many trees and as much landscaping as possible. He suggested the City may have done too much too soon leaving little room for negotiation. In answer to a question from Councilmember Masin, Director of Public Works Colbert explained the survey stakes and their designation. He said staff has met with the neighbors and would be happy to meet with them again. Mr. Colbert noted that on the Kramer property, the City will be taking out some of the mugo pines, however, would install a retaining wall to preserve what landscaping they can. He said the City will transplant any trees it can to a location of the owner's choice and if the trees can't be moved, they will be replaced. Councilmember Masin indicated she thought the City was not going to remove any trees, and Director of Public Works Colbert said only those in public right-of-way. City Councilmember Hunter agreed that the process is not perfect but said that staff had bent over backwards for the residents and the City has compromised more than it usually does. The Councilmember stated that comprising the project any further would be a safety hazard. In addition, he referred to the suggestion that the City cul-de-sac Blackhawk Road and noted it would not make any sense to shut off a major collector street. He suggested moving ahead; Councilmember Awada agreed. Margaret Schreiner said she was irritated that the City said it would come to the table and discuss the project but hasn't done so. She said she believed safety concerns on the part of the City were unfounded, particularly when pedestrian and bicycle traffic are now on the street. Ms. Schreiner said she had sent a letter showing what Apple Valley had done and hoped the City would consider it. She did not like the suggestion of the ten foot boulevard standard when it is 1 to 4 feet in some places in the City; she said it doesn't seem a hard and fast rule in other places in the City. Mayor Egan tended to agree. He said if it is the City's intent to keep wide boulevards in order to grow grass, it would not be able to because of the salt and sand. City Administrator Hedges referred to a letter received from resident, Floyd Hiar. The last paragraph of Mr. Hiar's letter suggests that he meet with City staff, residents and the City Council. City Councilmember Wachter acknowledged the suggestion, however indicated he did not see what more the City could do. He PAGE 7/EAGAN CITY COUNCIL MINUTES April 5, 1994 suggested the City make a decision and let the project go ahead. Mayor Egan agreed that he did not want to see a change in the functional use of Blackhawk Road or Blue Cross Road. Mr. Hiar's letter offered some compromise but the Mayor repeated that he did not support a design modification that would affect functionality. Councilmember Awada advised that if she believed the significant oak tree on the Kramer property was going to die as a result of construction, she may feel differently. She added that placing the trail further away from the curb is done for more reasons other than grass and noted that if a young bike rider were to fall, the boulevard would prevent them from falling into the street. The Councilmember said the City Council has done what it can and she indicated an unwillingness to go further unless substantial damages could be shown. Councilmember Hunter noted that one of the big problems with these types of projects and long-time residents is the amount of planting that has been done in the right-of-way. He said no one has said anything for many years yet now, when the road must be upgraded, residents complain. He wished it noted that the City is not "the bad guy" and if there is fault, it is on both sides: the residents for planting in the right-of-way and the City for permitting it. There being no further discussion, Wachter moved, Awada seconded a motion to approve the plans and specifications for Contract 94-03 (Blackhawk Road and Blue Cross Road - Streets and Trail Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on April 28, 1994. Aye: 5 Nay: 0 Mayor Egan clarified that he had supported this item primarily because of public safety and the need for these improvements. He said he was not satisfied with all aspects, but he was in favor of the project in general. Councilmember Masin suggested that the installation of a signal light at Silver Bell and Blackhawk Road may help alleviate some of the congestion. Director of Public Works Colbert explained a signal light was not likely to be warranted, however, staff would look into traffic counts and see if a three-way stop sign would be indicated. CONDITIONAL USE PERMIT/YOUNG TAE LIM Mayor Egan introduced this item as a conditional use permit, Young Tae Lim, to allow 3.2 beer or wine in a NB (Neighborhood Business) district located on Lot 1, Block 1, Silver Bell Center, in the SW 1/4 of Section 17. City Administrator Hedges said this item had been before the Advisory Planning Commission at their March 22 meeting and they had recommended approval. Director of Community Development Reichert then explained the property and its location. Hunter moved, Awada seconded, a motion to approve a conditional use permit to allow 3.2 beer or wine on Lot 1, Block 1, Silver Bell Center, as presented and subject to the following conditions: 1. The applicant must record this conditional use permit with Dakota County and provide documentation to the City within 60 days of the City Council approval. 2. All applicable City ordinances must be met. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/ROADWAY EXPRESS Mayor Egan introduced this item as a conditional use permit for Roadway Express, to allow a truck and freight terminal located on Lot 2, Block 1, Eagandale Center Industrial park #2, along the north side of Lone J ".L-1 '311 PAGE 8/EAGAN CITY COUNCIL MINUTES April 5, 1994 Oak Road east of Lone Oak Circle in the SW 1/4 of Section 2. City Administrator Hedges said this item had been before the Advisory Planning Commission at their March 22 meeting and they had recommended approval. Director of Community Development Reichert explained the application and its location. Director of Public Works Colbert distributed revised conditions which he said were a result of a meeting with the applicant and noted that Conditions #5 and #6 had been combined. John Winston, attorney for Roadway Express, introduced his colleague Doug Hedrich, the engineer responsible for the project. Mr. Winston said Roadway Express was ready to proceed. City Councilmember Wachter asked Mr. Hedrich questions regarding the adjacent property and the parking area. Mr. Hedrich said staff would be increased with the expansion and Roadway would be doubling their parking from 100 spaces to 211. Wachter moved, Hunter seconded, a motion to approve a conditional use permit to allow a truck and freight terminal on Lot 2, Block 1, Eagandale Center Industrial Park #2 as presented and subject to the following conditions: 1. Lots 2 and 4, Eagandale Industrial Park No. 2 shall be combined at Dakota County, with documentation provided to the City prior to any site improvement. 2. The conditional use permit shall be recorded at Dakota County within 60 days of City Council approval with documentation provided to the City. 3. All landscaped areas shall be irrigated and staff shall approve the final landscape plan. 4. The water quality treatment pond (Pond EP-9.1) shall have an area of 0.41 acres at the normal water level and wet storage volume of 1.33 acre feet to meet the water quality treatment requirements of the 8 acre site. 5. The development shall provide a 5-year event design storm sewer and a 100-year event design pond (EP-9.1) to handle the surface runoff from the proposed 8-acre expansion and that portion of the existing 14-acre facility that generally lies south and east of the existing office building. 6. The proposed pond shall have a 12" storm sewer outlet with a maximum flow out of 4 CFS that will connect to the existing storm sewer system in Lone Oak Circle. 7. The construction of the proposed parking lot will require a grading permit to be obtained from the City prior to any construction. 8. The proposed parking lot shall be constructed with concrete curb and gutter around the edges and it shall be surfaced with bituminous or concrete pavement in accordance with City Code requirements. 9. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 10. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. 11. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency. (1G PAGE 9/EAGAN CITY COUNCIL MINUTES April 5, 1994 12. All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards guidelines and policies. Aye: 5 Nay. 0 REZONING/HERITAGE DEVELOPMENT Mayor Egan introduced this item as a rezoning for Heritage Development, of 1.28 acres from A (Agricultural) to R-1 (Single Family) located on Outlot A, Stonebridge Ponds Addition, along the north side of Diffley Road, west of Dodd Road, in the SW 1/4 of Section 24. City Administrator Hedges said this rezoning application had been before the Advisory Planning Commission at their March 22 meeting and they had recommended approval. Director of Community Development Reichert explained the rezoning and its location. John Dobbs, representing Heritage Development, was present to answer any questions. Awada moved, Wachter seconded, a motion to approve the rezoning of 1.28 acres from A (Agricultural) to R-1 (Single-Family) located along the north side of Diffley Road, west of Dodd Road. Aye: 5 Nay: 0 PRELIMINARY PLAT/STONEBRIDGE PONDS 2ND ADDITION Mayor Egan introduced this item as a preliminary plat for Stonebridge Ponds 2nd Addition/Heritage Development, consisting of three single family lots of 1.28 acres located on Outlot A, Stonebridge Ponds Addition, in the NW intersection of Diffley and Dodd Roads in the SW 1/4 of Section 24. City Administrator Hedges noted that this was a companion item to the rezoning; there was no additional presentation. Hunter moved, Wachter seconded, a motion to approve a preliminary plat for the Stonebridge Pond 2nd Addition consisting of three single family lots located along the north side of Diffley Road, west of Dodd Road and subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al, B1, B3, C1, C2, El, F1, G1, and H1 2. Cash dedication in lieu of on-site ponding for water quality. 3. Cash parks and trails dedication. Aye: 5 Nay: 0 Director of Community Development Reichert explained the developer's request to waive the $4,000 escrow fee associated with this preliminary plat. Mayor Egan stated that it seemed more like a formality considering that these lots were intended to be part of the original plat, Stonebridge Pond Addition. He explained that this parcel was platted as an outlot because Dakota County had retained ownership to satisfy excess right-of-way. He said that now that the right-of-way has been turned back to the developer, the property can be platted as part of the rest of the development. For these reasons, Hunter moved, Wachter seconded a motion to waive the $4,000 escrow fees. Aye: 5 Any: 0 PAGE 10/EAGAN CITY COUNCIL MINUTES April 5, 1994 sl)I'FC?fiL I' DEER SURVEY PAYMENT/DNR Mayor Egan introduced this item as a request from the Minnesota Department of Natural Resources, for authorization of payment for the aerial deer survey. City Administrator Hedges explained the background of this item. Mayor Egan asked whether this year's obligation for the aerial deer survey was higher than the past years'. Councilmember Masin asked what the City does with this information. City Administrator Hedges noted that the City's Police Department monitors deer movement in the City to determine if there are any areas particularly prone to deer/automobile accidents. He said the survey also helps the Department of Natural Resources decide if it is necessary to reduce the deer population. He noted that the DNR also shares information with the Minnesota Valley Deer Management Task Force which in turn monitors deer movement in the entire river valley. Councilmember Wachter noted that this is the last year of a three-year agreement and suggested it be reviewed carefully in the future. Councilmember Hunter also recommended that costs be split between the DNR and the City in the future. Mayor Egan cautioned that he did not want to open up the whole hunting permit issue again, however, said because municipal governments have a limited budget and staff to deal with deer management, he felt a certain amount of frustration responding to such environmental issues. He noted that the DNR was more able to handle these issues, and it should not be left to municipalities to make decision regarding deer herds. Mayor Egan's preference, in addition to handling special hunts, would be that the DNR manage all related issues. Councilmember Hunter agreed. Because this is the final year of a three-year agreement, Wachter moved, Hunter seconded, a motion to approve a request from the Minnesota Department of Natural Resources to authorize payment of the aerial deer survey as presented. Aye: 5 Nay: 0 The City Administrator noted that the City's representative on the Deer Task Force, Oliver McColloch, has not been present at their last two meetings and Superintendent of Parks John VonDeLinde had been attending. Councilmember Masin recommended Mr. VonDeLinde's continued attendance and asked that he also keep the Advisory Parks, Recreation & Natural Resources Commission apprised of the task force's activities. If Mr. VonDeLinde is not willing to continue on the task force, she suggested perhaps a member of the APRNRC be asked to represent the City. The Council agreed. Mr. McCulloch will be contacted regarding his preference to remain on the task force. DAKOTA ALLIANCE FOR PREVENTION REPRESENTATIVE Mayor Egan introduced this item as the selection of a representative to the Dakota Alliance for Prevention. After brief discussion, Egan moved, Masin seconded a motion to designate staff to advertise for a representative with appropriate qualifications to represent the City on the Dakota Alliance for Prevention. Aye: 5 Nay: 0 CITY ADMINISTRATOR/MANN THEATER After introduction by Mayor Egan, City Administrator Hedges said a request had been received from Mann Theaters to modify certain conditions approved with the preliminary plat. Director of Community PAGE 11/EAGAN CITY COUNCIL MINUTES April 5, 1994 Development Reichert explained a letter received from James R. Greupner representing Mann Theaters, and their request for certain modifications they believe appropriate for their theater development. Mr. Greupner's letter is included with these minutes as Exhibit A and the substance of their request is outlined in that exhibit. Director of Community Development Reichert explained staffs reactions to each of the requests and then closed by saying it is staffs opinion that all, except the building materials issue, are in keeping with the spirit of the original intent. Councilmember Awada indicated she did not have a problem with any of the changes other than the building materials. City Councilmember Wachter explained that while the suggested broken face rock is durable, it has to be painted. Community Development Director Reichert explained that the rock will be sealed and the color is integral to the materials. City Councilmember Wachter then explained the different types of materials and their appearance and durability. Mayor Egan asked Councilmember Wachter whether he believed the broken face rock would be a satisfactory material for the theater and the Councilmember answered yes. Councilmember Wachter said, however, that he did not see with the number of subcontractors involved, how it could bring the costs down. Councilmember Hunter referred to Mr. Greupner's comparison of the materials to the Kohl's and WalMart stores and noted this would not be a selling point for him. Concerns have been expressed in the past about the appearance of the WalMart store. Councilmember Masin asked whether the materials would be maintenance free and Councilmember Wachter stated that if the broken face rock is sealed well, it should be relatively maintenance free. Councilmember Masin suggested that a condition requiring "integral color and sealed block" be made part of the motion. Mayor Egan noted that the City had agreed to compromise with the building materials for the Kohl's store because of the property owner's claim that placing brick between two stone buildings would cause it to "stick out." He said the City had agreed to a compromise in order to be more compatible with the building's neighbors. Discussion of the building materials continued. Councilmember Awada expressed her dissatisfaction with yet another request from the developer for a concession from the City. Mayor Egan suggested that staff be directed to make certain that the materials are exactly what are represented and not like the Kohl's or Walmart stores. The Mayor did caution, however, that a decision should be reached soon because even if approved now, it is unlikely the theater will open before November. Councilmember Wachter suggested that if the materials issue was that important, the developer should have brought the question to the City Council themselves. Director of Community Development Reichert explained that the developers had said they would be happy to be on the agenda to present their case. Councilmember Hunter recommending approving all but the building materials issue and providing the developer an opportunity to come back to the City Council for discussion. Mayor Egan agreed. Councilmember Masin said if there is not a big difference in the materials, she would agree to support it, however would not support anything less impressive than that originally proposed. City Administrator Hedges suggested getting a professional opinion on the materials from someone such as the architect working on the municipal center expansion. Hunter moved, Awada seconded a motion to approve the changes in Conditions #2-#5 outlined in Exhibit A and to agree to hear a presentation regarding the materials to be used on the Mann Theater at the April 12, 1994 Special City Council meeting. Aye: 5 Nay: 0 SPECIAL CITY COUNCIL MEETINGS Wachter moved, Hunter seconded, a motion to approve scheduling special City Council meetings for April 12 at 5:00 p.m., April 19 at 5:00 p.m., and April 28 at 5:00 p.m. Aye: 5 Nay: 0 PAGE 12/EAGAN CITY COUNCIL MINUTES April 5, 1994 It was noted that Councilmember Hunter will be unable to attend the meeting on April 12, however, will hear the presentation on the ring road proposal when it is presented on April 14 to members of the Advisory Planning Commission and Economic Development Commission. PARKING RESTRICTIONS/STATE AID HIGHWAY 103 Mayor Egan introduced this item as approve parking restrictions on Minnesota State Aid Highway #103 (Blackhawk Road between Deerwood Drive and State Trunk Highway 13). Director of Public Works Colbert explained that the City has to pass a resolution restricting parking on a street subject to municipal state aid. Hunter moved, Wachter seconded a motion to approve a parking restriction which would ban parking on the east side of MSAH #103 between Robin Lane and Blue Cross Road and a restriction which bans parking on both sides of MSAH #103 between Silver Bell Road and Robin Lane as well as between Blue Cross Road and Trunk Highway 13 at all times. Aye: 5 Nay: 0 STAFF RECOMMENDATIONS The City Council discussed staff recommendations which are being included with items on the City Council agenda. It was determined that this action will be reevaluated in a few months with the direction that if there is no reason for a recommendation, no recommendation will be given. C HECKLIST Wachter moved, Egan seconded a motion to approve the checklist dated April 5, 1994, in the amount of $703,494.07, and the checklist dated April 5, 1994, in the amount of $1,232,794.85. Aye: 5 Nay: 0 A13~~>,IRNMENT;~E3CE~IVJv S1±Il~N The regular meeting of the Eagan City Council was adjourned at approximately 9:30 p.m. to an executive session for the purpose of discussing the results of the mediation with the Police bargaining unit. Those present were Mayor Egan, City Councilmembers Awada, Hunter, Masin and Wachter, City Administrator Hedges, and City Attorney Sheldon. The executive session adjourned at approximately 9:45 p.m. KF CITY OF EAGAN O %E.anOverbeke erk 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).