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1991-04-09 Special City Council Minutes 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 Page 2/EAGAN SPECIAL CITY COUNCIL MINUTES 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 w Page 3/EAGAN SPECIAL CITY COUNCIL MINUTES 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 l ..L. i'ylU Page 4/EAGAN SPECIAL CITY COUNCIL MINUTES 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