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01/17/1995 - City Council Regular 0 00. C12 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota January 17, 1995 A regular meeting of the Eagan City Council was held on Tuesday, January 17, 1995 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Masin and Hunter. (Councilmember Awada arrived at 7:00 p.m.) Also present were City Administrator Tom Hedges, City Planner Jim Sturm, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. (Community Development Director Peggy Reichert arrived at 7:30 p.m.) Pastor Jim Borgschatz thanked Council members for their service to the community and gave a non-denominational invocation. GENA Wachter moved, Hunter seconded a motion to adopt the agenda as presented. Aye: 4 Nay: 0 Councilmember Masin requested that a correction be made on page 2, last paragraph, by replacing the sentence, The HRA then proposed a number of sites and the Council eliminated some of the areas and voted on a site and the vote was unanimous" be replaced with the following language, The City drew up a matri . With this information, the City asked the HRA to avoid three areas. The vote on a motion regarding this was unanimous." Councilmember Hunter requested that on page 3, second paragraph, that the word 'residential" be added to the sentence The City has never denied a (residential) downzoning request to his knowledge...' He also noted that the oath of office should be added to the minutes. Councilmember Wachter requested that the language *due to the fact that the county hasn't come through with the report' be added to his statement on page 1 under Department Head Business. Hunter moved, Masin seconded a motion to adopt the minutes as amended. Aye: 4 Nay: 0 P! iNg Councilmember Wachter requested a clarification on page 2, paragraph 3, last sentence, that' ...the City did give Mr. Caponi advice and he refused to follow it." Hunter moved, Masin seconded a motion to adopt the minutes as amended. Aye: 4 Nay: 0 DEPtA 1ENT HE BtJ : E:SS Councilmember Wachter noted that he received a memo on the Green Acres issue, but what he is looking for is who will pay the assessments. NSEN(EN 10 In regard to Item C, Recommendation. Airport Relations Committee. New Airoort Alternative Environmental Documentation Comments. Councilmember Wachter asked what will happen to the existing airport If a new one is built. Mayor Egan noted that a Reuse Committee has been formed. In regard to Item F, Gambling Application. Minnesota Valley Humane Society. Councilmember Hunter Indicated he expressed a concern earlier about establishing some criteria for gambling licenses. He feels the Council should limit the number of licenses to six. Mayor Egan Indicated he is willing to have one or two more licenses, but it would be nice to have the history of the gambling decision. Councilmember Masin noted that the benefits go to charity and the places they are allowed Is limited. Councilmember Hunter indicated a memo was done on that several months ago; however, he feels there are deeper social implications of this issue and he would like to discuss it at a future workshop. Councilmember Wachter stated he favors this license, but would be willing to look at the Issue again. jj(~. 3 EAGAN CITY COUNCIL MINUTES; JANUARY 17, 1995 PAGE 2 A. Personnel Items Item 1. It was recommended to approve the hiring of Laura Hampton, Kent Knutson, Mark Cleare, Chris Larson, Rod Larson and Cory Lynch as winter recreation leaders for the winter season. Item 2. It was recommended to approve the hiring of David Downs and George Sellner as seasonal winter park maintenance workers for the winter season. Item 3. It was recommended to approve the hiring of Erik Stettedahl as a planning intern. B. Plumbers Licenses. It was recommended to approve the plumbers licenses as shown on Exhibit A. C. Recommendation. Airport Relations Committee. New Airport Alternative Environmental Document Comments. It was recommended to approve the recommendation of the Airport Relations Committee. D. Change Orders. Police Department Building Project. It was recommended to approve the change orders as presented with the exception of $2,248 for the expansion joint in PCO #37. E. Award Contract. Police Department/Municipal Center Communication Cabling, It was recommended to award the contract to AUS Communications in the amount of $76,248.41. F. Gambling Application. Minnesota Valley Humane Society. It was recommended that the permit application be approved as presented. R-95.5 G. Contract 93-07. Acknowledge Completion/Authorizing iFinal Payment (Wenzel Addition Streets & Utilities). It was recommended to approve the final payment for Contract 93-07 in the amount of $57,211.35 and authorize acceptance for mutual maintenance subject to related warranty provisions. H. Resolution Designating Rich Brasch as Project Representative for Schwanz Lake Cleanwater Partnership Phase Ii Project. It was recommended to approve the resolution as presented. R-95.6 Wachter moved, Hunter seconded a motion to approve the consent agenda. Aye: 4 Nay: 0 5 CALEN `1Af YEAR CITY: COUNCU. ORGANLZATI ti i8LJ$tNE Administrator Hedges explained what is included in organizational business and gave some introductory remarks. (Councilmember Awada arrived at this time.) A. ADVISORY COMMISSION APPOINTMENTS: 1. Airport Relations Commission: Lois Monson, Lance Staricha, and Jonathon White were appointed to three year terms; and Anil Deodhar and Jane Vanderpoel were appointed to one-year alternate terms. 2. Joint Burnsville/Eagan Cable Communications Commission: Masan moved, Hunter seconded a motion to continue this appointment for one month to pursue additional candidates, using the Public Access Channels to advertise the vacancies. 3. Gun Club Lake Watershed Management Organization: Masin moved, Wachter seconded a motion to continue this appointment indefinitely. EAGAN CiTY COUNCIL MINUTES; JANUARY 17, 1995 PAGE 3 4. Solid Waste Abatement Commission: Wachter moved, Hunter seconded a motion to appoint Wally Wall as the hauler representative; Terry Davis as a resident representative; and B.A. Swensied as a business representative, all for three year terms. 5. Economic Development Commission: Patrick Grinde, and Ron Voracek were appointed for three year terms; and Roger Hughes was appointed for a two year term. 6. Advisory Planning Commission: Jerry Segal, Mark Miller and Steven Burdorf were appointed for three year terms; and Peggy Carlson was appointed for a one year alternate term. 7. Advisory Parks, Recreation & Natural Resources Commission: John Rudolph, Stephen Thompson, Sherie Wallace and Tom Walkington were appointed for three year terms; and Cindy Lynch was appointed to a one-year alternate term. B. ACTING MAYOR: Mayor Egan recommended that Councilmember Hunter serve as Acting Mayor In his absence at City Council meetings and other activities pertaining to the City of Eagan. Wachter moved, Awada seconded a motion to appoint Councilmember Hunter as Acting Mayor. Aye: 5 Nay: 0 C. LEGAL NEWSPAPER: Hunter moved, Wachter seconded a motion to approve the retention of This Week Newspapers as the City's official legal newspaper. Aye: 5 Nay: 0 D. CITY COUNCIL MEETINGS: After some discussion regarding alternate dates, Hunter moved, Masin seconded a motion to approve the 1995 Schedule of Council Meetings, designating the first and third Tuesdays of the month at 6:30 p.m. for regular City Council meetings, with the exception of May 16, July 4 and October 3, wherein the dates May 15, July 11 and October 2 approved as alternate dates. Aye: 5 Nay: 0 (It was noted that since some of these meetings will be held at an alternate site, availability of the alternate dates will need to be verified. Any changes will be brought to the attention of the Council.) E. CITY COUNCIL MEETING PROCEDURES: Hunter moved, Awada seconded a motion to approve the guidelines/handout for public presentations and public participation in City Council meetings, with the elimination of "Additional Items" from the agenda format. Aye: 5 Nay: 0 F. COUNCIL STANDING COMMITTEE AND REPRESENTATIVE APPOINTMENTS: Mayor Egan recommended the following Councilmembers to serve on standing committees as follows: Finance Committee: Egan (Chair) and Wachter Public Works Committee: Wachter (Chair) and Hunter Personnel Committee: Awada (Chair) and Masin Hunter moved, Awada seconded a motion to approve the appointments to standing committees. Aye: 5 Nay: 0 (Community Development Director Reichert arrived at this time.) Wachter moved, Awada seconded a motion to approve the following Council representative positions: Minnesota Valley Transit Authority Board: Masin School District #191: Masan School District #196: Hunter School District #197: Egan Dakota County League of Governments: Masin History Committee: Wachter o°0G.~x EAGAN CITY COUNCIL MINUTES; JANUARY 17, 1995 PAGE 4 Caponi Art Park Committee: Awada, Masin Municipal Legislative Committee Board: Egan Central Area Task Force: Awada, Hunter Dakota County Economic Development Partnership: Wachter Councilmember Hunter noted that the Housing Chapter of the Comprehensive Guide Plan calls for a Housing Subcommittee, which has never been formed. He would like to discuss this at some point. Aye: 5 Nay: 0 G. DAKOTA COUNTY DEER MANAGEMENT EVALUATION TEAM: Wachter moved, Masin seconded a motion to appoint T. R. Michels as a citizen representative on the Dakota County Deer Management Evaluation Team. Aye: 5 Nay: 0 WEST LONE OAK ROAD STORM DRAINAGE Mayor Egan Introduced this item as Project 679, West Lone Oak Road storm drainage. Public Works Director Colbert noted that the Schwabs requested that this be continued until Spring when the snow cover Is gone and the Mayor can view the property. Mayor Egan responded that it Isn't really an on-site problem. The Public Works Committee has done a lot of work on this Issue. He doesn't see any reason to explore it further. Councilmember Wachter concurred; however, he would prefer not to take a vote on this until the Schwabs can be present. Hunter moved, Wachter seconded a motion to continue this to February 7, 1995. Aye: 5 Nay: 0 . NEYI USINE S CONDITIONAL USE PERMIT/AVANTI PETROLEUM, INC. Mayor Egan Introduced this item as a conditional use permit for Avanti Petroleum, Inc. dba Total, for an automatic car wash in a Neighborhood Business District, southeast corner of Diffley Road and Nicols Road. City Planner Sturm gave a staff report on this request and Jim Hill, of Avanti Petroleum urged Council approval. Dave Gall, of Carolwood Estates expressed a concern about noise and asked whether barriers will be installed. Dick Graber, representing Nationwide Wash Services, reviewed the decibel readings for the type of equipment proposed to be Installed. He noted that a noise reduction package is proposed to be Installed, which would result In a noise level less or equivalent to a normal traffic street. Councilmember Hunter stated he feels that the decibel noise level will be adequate as proposed. Wachter moved, Hunter seconded a motion to approve a conditional use permit for Avanti Petroleum, Inc. to allow an automatic car wash In a Neighborhood Business zoning district located at the southeast comer of Nicols and Diffley Roads, subject to the following conditions: 1. The Conditional Use Permit shall be recorded with Dakota County within 60 days with documentation supplied to the City. 2. Continued proper maintenance of the parking lot and all bituminous surfaces. 3. The development will be required to add a sanitary sewer man hole over the existing four Inch sewer service at the property line. 0001.0 EAGAN CITY COUNCIL MINUTES; JANUARY 17, 1995 PAGE 5 4. The trash enclosure shall be detached and located In the southeast comer of the site per the approved site plan. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/LARSON LEASING, INC. Mayor Egan Introduced this Item as a conditional use permit for Larson Leasing, Inc. for storage of trucks trailers and diesel fuel tank, and site plan, northwest comer of Blackhawk Road and Highway 13. Mayor Egan then indicated he will remove himself from discussion and turned the gavel over to Councilmember Hunter as Acting Mayor. City Planner Sturm gave a staff report on this request. He noted that a change was made to Condition #1 to allow them 180 days for the recording of the permit. Wachter moved, Awada seconded a motion to approve a conditional use permit for the outdoor storage of trucks, trailers and a diesel fuel tank and the associated site plan on Outlot A and Lot 1, Block 1 of the Mardelann Addition, subject to the following conditions: 1. The applicant shall combine the two lots at the Dakota County Auditor's Office within 180 days. 2. The applicant shall record this Conditional Use Permit at the Dakota County Recorder's Office within 60 days. 3. The applicant shall remove all remnant materials and properly maintain the parking area and premises. 4. This Conditional Use Permit provides for the outdoor storage of one 1,000 gallon diesel fuel tank, no more than 36 trucks, and no more than 135 semi trailers. 5. The applicant shall submit plans to the City for review/approval and complete the following improvements In the time period listed: 1995: Add landscaping along the east side of the property. Seal coat, stripe and add handicap stalls to employee/visitor parking area. 1996: Add landscaping to fence line along Blackhawk Road. Widen access, construct concrete apron and drive into site. 1997: Grade and surface area visible from Highway 13 In front and around the two cold storage buildings. 6. The applicant shall submit plans to the City for review and approval for surfacing, with bituminous, all gravel surfaced areas, Installation of concrete curb and gutter, and construction of a storm sewer system for these areas when Outlot B develops and/or storm sewer is available to the subject site. 7. The applicant shall submit plans to the City for review/approval to bring a water line into the site to provide a maximum 300 foot spacing from the far edge of any building to the nearest hydrant. Aye: 4 Nay: 0 (Egan abstained.) EAGAN CRY COUNCIL MINUTES; JANUARY 17, 19995 PAGE 6 COMPREHENSIVE GUIDE PLAN AMENDMENT/CITY OF EAGAN Mayor Egan introduced this as a Comprehensive Guide Plan amendment for the City of Eagan, changing land use from D-ll Mixed Residential to Neighborhood Business and Rural Residential, and changing the Land Use Guide Plan map between Lone Oak Road, T.H. 55 and Eagan/Inver Grove Heights border. After a brief introduction by Administrator Hedges, City Planner Sturm gave a staff report on this request. He reviewed the objectives of this study and the conclusions. He noted that this area is approximately four miles from the airport and is located completely within noise zone 4. Industrial and commercial use is consistent with this zone; whereas residential use would be considered conditional. He added that the City has been evolving towards a policy discouraging residential development in the northern portion of the city, especially In areas that are affected by airport noise. The results of the study showed the need for a new land use designation, which has been determined to be Rural Residential. Rural Residential can be defined as an area not intended for sustained agricultural use or for urban scale development because it lacks essential infrastructure. It would allow low density residential with a minimum lot size. The reviewed the policies that resulted from the creation of this new land use designation. He noted that if the Council approves this, it will be forwarded to the Metropolitan Council for review and approval. After approval, the policies will go into effect Immediately. Peggy Carlson, 3434 Highway 55, spoke in favor of the new designation, but indicated a concern about how assessments will be levied. She suggested that the Rural Residential Special Assessments Policy that became invalid in 1991 be reinstated. City Attorney Sheldon noted that property can be assessed to the extent that the market value of the property Increases. This is the same for all zoning classifications. The Council can adopt a special assessment policy; however, there is no need to at this time. Councilmember Hunter reiterated that the long-term viability of residential In this area Is not desirable. He feels something needs to be done with this area, and he doesn't like to see this In a holding classification. He feels it has the effect of a long-term moratorium on development and he won't support It. Councilmember Awada stated she Is happy with the results. She feels this may be the permanent classification. There are other areas that have rural residential land. If further consideration is needed in the future, it can be looked at again. She doesn't look at it as a holding zone. Councilmember Wachter concurred. Some discussion followed on the location of future water and sewer in the area. Wachter moved, Awada seconded a motion to approve an amendment to the land use element of the comprehensive plan adopting a small area plan for the Lone Oak area, subject to approval by the Metropolitan Council. Mayor Egan indicated he doesn't think this is the best solution, but this Is a unique piece of property. It isn't perfect, but he is willing to support it. Discussion followed on the upgrade of Lone Oak Road and utilities. Aye: 4 Nay: 1 (Hunter opposed.) REZONING/CITY OF EAGAN Mayor Egan Introduced this Item as a rezoning for the City of Eagan, of approximately 25 acres from R-4 Multiple Residential to Agricultural, between Lone Oak Road and T.H. 55. Wachter moved, Masin seconded a motion to continue this pending review and approval by the Metropolitan Council of the City's comprehensive plan amendment for the Lone Oak area. Aye: 5 Nay: 0 1995 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION Mayor Egan Introduced this Item as the 1995 Community Development Block Grant application. Community Development Director Reichert gave a staff report on this, reviewing the various projects proposed for funding. Councilmember Hunter questioned the formula used by HUD for allocation of these funds. He emphasized that home ownership for low income persons is important and he feels a large percentage should be taken from the senior housing project and put into the first time home buyers program. He feels there should be more collaboration between the various entities involved in this Issue, and suggested that the housing subcommittee that is referenced in the Comprehensive Guide Plan be EAGAN CITY COUNCIL MINUTES; JANUARY 17, 1995 PAGE 7 implemented. He feels there is a need to look at housing and its social impacts. Considerable discussion followed concerning scattered site housing and the First Time Home Buyers Down Payment Assistance Program. Councilmember Wachter stated he feels comfortable with the amounts as proposed. He feels there Is a great need for the senior housing program and would be reluctant to take any money out of that fund. Councilmember Hunter stated he feels the primary need is to dean up the areas we now have. He feels the best way to do that is with the down payment assistance program. It is easy to support the senior housing program, but he doesn't think it is doing the best public good with public dollars. He feels there are low income housing needs that are unmet and they need to be addressed. Mayor Egan concurred, indicating the city needs to be creative with these funds. Councilmember Awada stated she supports both program, but strongly supports the first time home buyers program. She feels it is in the community's best interest to support this program. Hunter moved, Masin seconded a motion to approve the resolution for the 1995 CDBG application to support the Senior Housing Project, Youth Development Program expansion, and First Time Home Buyers Down Payment Assistance Program, with the amounts amended by taking $50,000 from the Senior Housing Project and put it in the First Time Home Buyers Down Payment Assistance Program. Aye: 5 Nay: 0 R-95.7 GI!SLAT YE`>.NT RC4Y#rC tC ttEN'[ 1 F 1R % PdA' Councilmember Hunter noted that he attended the Legislative Breakfast and items discussed were urban housing, ethics legislation and local government financing. Mayor Egan noted there will be an executive session after this meeting, and that the work session will continue after adjournment. 0 MIX Wachter moved, Awada seconded a motion to set a special Council meeting for 5:30 p.m. on January 24, 1995. Aye: 5 Nay: 0 Wachter moved, Egan seconded a motion to approve the check register dated January 12, 1995 in the amount of $40,359.34, and the check register dated January 13, 1995 in the amount of $1,497,045.04. Aye: 5 Nay: 0 NMEN1 The Council adjourned at 8:52 p.m. to a work session. DLP January 17, 1995 \)amn JL Date ity Clerk- you need these minutes In an a/temative 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). The City of Eagan Is committed to the policy that all persons have equal access to Its programs, servloes, actvitles, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance.