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03/21/1995 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL • Eagan, Minnesota March 21, 1995 A regular meeting of the Eagan City Council was held on Tuesday, March 21, 1995 at 6:30 p.m. 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 Jim Sheldon. 49 0 Administrator Hedges noted there will be an executive session following the Council meeting, as well as the continuation of the Council workshop. Community Development Director Reichert noted that Byron Watschke has Indicated he would like to have his item continued. The developer intends to revise his plan, have a neighborhood meeting, and bring it back to the Planning Commission. Wachter moved, Masin seconded a motion to adopt the agenda. Aye: 5 Nay: 0 Counciimember Hunter requested that language be added on page 6 to reflect the applicant's agreement to waive the 120 day time limit. He also requested that language be added on page 7, first paragraph, to indicate that the reason for the denial was lack of proof of hardship. Wachter moved, Hunter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Awada moved, Hunter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 This was rescheduled to April 4, 1995. Councilmember Masin indicated she attended the Dakota County Youth Summit on February 24. She Introduced Jennifer Johnson and Michele McGlinchey, who reported on some of the Issues discussed, such as drugs, alcohol and gambling. They also expressed concerns about the lack of things to do in Eagan for teenagers. Councilmember Wachter indicated he received a letter from Dakota County on the green acres parcels, and he Is not happy with It. He feels it needs to be updated. Councilmember Masin asked where the museum is that the surplus fire truck Is proposed to go. Fire Chief Nelson indicated it will be going to the Minnesota Firefighters Museum at Central Avenue and Broadway in Minneapolis. PON, In regard to Item 1, Resolution supporting passage of 'Minnesota Emerging Communications Services Act of 1995. Mayor Egan indicated this will be acted on separately after the Consent Agenda. EAGAN CITY COUNCIL MINUTES; MARCH 21, 1995 PAGE 2 A. Personnel Items Item 1. It was recommended to accept the letter of resignation from Debbie Winders, Clerical Technician III, of the Parks and Recreation Department. B. Plumbers Ucenses. It was recommended to approve the plumbers licenses for Buchman Plumbing Company, Inc., Crow River Plumbing & Heating, i lamm Mechanical Contractors, Inc., Neu Plumbing, Norblom Plumbing Co., and Oak Grove Mechanical as presented. C. ADDrove Purchase of Ice Resurfacer. It was recommended to approve acquisition of the Zambonl electric ice resurfacer for the Civic Arena as presented. D. Extension of Meter Reading Service Contract. it was recommended to approve the extension of the meter reading services contract with RMR Services, Inc. E. Disposal of Fire Truck. It was recommended to declare the Fire Department 1965 Ford pumper truck to be surplus property and authorize its donation to the Minnesota Firefighters Museum as presented. F. Recommendation. Airport Relations Commission. MAC Noise Management Methodology. It was recommended to approve comments relative to the proposed MAC Noise Management Methodology as recommended by the Airport Relations Commission. G. Change Order, Police Department Building Project. It was recommended to approve change order #5 for Bergh's Fabricating for the Police Department expansion project, as presented. H. Proclamation. Bumsville/Eagan Public Access Volunteer ADoreclation Day. It was recommended to approve the proclamation, In recognition of the City's public access cabiecasters. R-95.15 1. Resolution Supporting Passage of Minnesota Emerging Communications Services Act of 1995. This Item was removed for separate discussion. J. Project 681. Receive Feasibility Report/Order Public Hearing. N. Nicols Road Street Reconstruction. It was recommended to receive the feasibility report for Project 681 and schedule a public hearing for April 18, 1995. K Project 664. Receive Feasibility Reprt/Order Public Hearing. Wescott Sguare Street Reconstruction. It was recommended to receive the feasibility report for Project 664 and schedule a public hearing for April 18, 1995. L Project 661R. Receive Final Assessment Roll/Order Public Hearing. Sibley Terminal Industrial Park - Yankee Doodle Road Overlay. It was recommended to receive the final assessment roll for Project 661 R and schedule a public hearing for April 18, 1995. M. Project 645. Receive Feasibility Report. Order Public Hearing. Blackhawk Hills Addition Street Reconstruction. It was recommended to receive the feasibility report for Project 645 and schedule a public hearing for April 18, 1995. N. Project 601 A. Receive Final Assessment Roll. Order Public Hearing. Lone Oak/Lexinaton Avenue. It was recommended to receive the final assessment roll for Project 601A and schedule a public hearing for May 2, 1995. EAGAN CITY COUNCIL MINUTES; MARCH 21, 1995 PAGE 3 0. Contract 94-05. Approve Change Order #2. Dodd Road Street Reconstruction. It was recommended to approve Change Order 2 to Contract 94-05 and authorize the Mayor and City Clerk to execute all related documents. P. Recommendation. Airport Relations Commission. Runway 4/22 Position. it was recommended to authorize staff to explore the purposes and cost of the Richfield/Bloomington lawsuit concerning the extension of Runway 4/22. 0. Contract 94-05. Approve Final Payment. Dodd Road Street Reconstruction. It was recommended to approve the fifth and final payment for Contract 94-05 in the amount of $101,099.39 to McNamara Contracting and accept the project for perpetual maintenance subject to warranty provisions. R. Proclamation /Medical Laboratory Week. It was recommended to approve the proclamation. R-95.16 Hunter moved, Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 1. Resolution Supgorting Passage of Minnesota Emerging Communications Services Act of 1995. Councilmember Awada expressed her opposition to this, noting that each city would have their own permitting process, which would slow down the progress of this technology and makes it more expensive. Councilmember Masin indicated she supports this, noting this preserves the right-of-ways and local access which she feels is very important. It provides a more even playing field. Cable Coordinator Mike Reardon stated he feels preserving the rights-of-way is important, and noted that this would provide for a state standards for permitting. After some discussion, Masin moved, Hunter seconded a motion to approve the resolution as presented. Aye: 4 Nay: 1 (Awada opposed.) R-95.17 EMERGING COMMUNICATIONS LEGISLATION FINANCIAL SUPPORT Masin moved, Hunter seconded a motion to approve the request for financial support for LMC and MACTA for the Minnesota Emerging Communications Services Act of 1995 in the amount of $2,500, to be funded by retained franchise fees. Aye: 4 Nay: 1 (Awada opposed.) DEERWOOD TOWNHOMES UTILITIES Mayor Egan introduced this item as Project 682, Deerwood Townhomes utilities. Mark Hanson, the consulting engineer, of Bonestroo, Rosene, Anderlik & Associates, gave a staff report on this project. Councilmember Hunter asked what the rationale is for doing area wide assessments rather than front foot basis. Mr. Hanson responded that he didn't feel there was equity In assessing on a front foot basis, due to the size and front footage of some of these properties. Leo Murphy, 1655 Murphy Parkway, spoke in opposition to the assessments. Earl Doehling, 1545 Deerwood Drive, asked whether he will be able to hook Into these utilities. Mr. Hanson responded that he will. There being no one else wishing to speak, Mayor Egan turned discussion back to the Council. Hunter moved, Awada seconded a motion to dose the public hearing and approve Project 682 and authorize preparation of detailed plans and specifications. Aye: 5 Nay: 0 00 53 EAGAN CITY COUNCIL MINUTES; MARCH 21, 1995 PAGE 4 STREET NAME CHANGE/HIWALL DRIVE Mayor Egan Introduced this item and opened the public hearing to anyone wishing to speak. There being no one wishing to speak, Mayor Egan turned discussion to the Council. Councilmember Hunter questioned whether the $100 fee is adequate to cover the work that Is required for this type of change, and suggested It be reviewed. After discussion on the reason for the name change, Awada moved, Hunter seconded a motion to approve the street name change as presented. Aye: 5 Nay: 0 REVISE FINAL ASSESSMENT ROLL/DIFFLEY ROAD Mayor Egan introduced this Rem as Project 607, revise final assessment roll for Diffley Road. City Attorney Sheldon explained that there were several assessment appeals on this project. He indicated that the city appraiser looked at two of the properties, and regarding Mr. Caponi's assessment, he is recommending the assessment be deleted and that the water assessment be collected as a connection fee when the property connects to water. Regarding the Leach parcel, the appraiser recommended a reduction In the assessment. Mayor Egan opened the public hearing to anyone wishing to speak. Chris Leach requested clarification as to the process, and City Attorney Sheldon explained that R Is recommended to reduce the assessment, and It is up to him whether he wants to accept It or continue to contest R. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Hunter moved, Masin seconded a motion to close the public hearing and adopt the resolution adopting reassessment for Remo C. and Karen R. Caponi for parcel 10-02700-012-01. Aye: 5 Nay: 0 R-95.17.1 Hunter moved, Masin seconded a motion to revise the final assessment roll for Project 607 as ft pertains to parcel 10-02500-050-26 and authorize its certification to Dakota County. Aye: 5 Nay: 0 PARK ACQUISITION/BORCHERT INGERSOLL TAX FORFEITURE After Introductions by Mayor Egan and Administrator Hedges, Councilmember Wachter asked whether there will be access from Yankee Doodle Road. Parks and Recreation Director Vraa explained that the southern portion of the park will have assess off of Yankee Doodle Road. The access to the northern portion of the park will be off of a public road right-of-way that currently exists. Hunter moved, Wachter seconded a motion to approve the findings of the Advisory Parks, Recreation & Natural Resources Commission relative to the proposed land swap between the City of Eagan and Gopher Smelting to further the parkland development. Aye: 5 Nay: 0 ElBCNBB 114 SAFARI AT EAGAN 3RD ADDITION/J. BYRON WATSCHKE PRELIMINARY SUBDIVISION/FINAL PLANNED DEVELOPMENT/ PRELIMINARY PLANNED DEVELOPMENT/CONDITIONAL USE PERMIT Mayor Egan noted this Item has been withdrawn. Community Development Director Reichert noted the developer will develop a revised plan, have a neighborhood meeting and bring It back to the Planning Commission. Discussion followed concerning the nature of the request and the 120 day time requirement. Carl Dale, representing the developer, Indicated a willingness to waive the 120 day time requirement. 0(1060 EAGAN CITY COUNCIL MINUTES; MARCH 21, 1995 PAGE 5 Hunter moved, Awada seconded a motion to accept the waiver of the 120 day time requirement, and refer this to the Planning Commission for further review. Aye: 5 Nay: 0 Gary Krueger, representing Thomas Lake Townhomes, expressed his concerns about traffic congestion, lack of adequate parking, grading of the site, and noise and light intrusion. They would like this planned development to be terminated and formulate a new one that would better serve the community. Councilmember Wachter suggested the health dub be contacted and suggest they acquire more property for parking and have the Police Department check for parking violations. Discussion following on lighting and parking in the area. Community Development Director Reichert noted that the City doesn't have any type of financial guarantee for on-site improvements put on private property. She indicated this will be a policy issue for the Council to deal with over the next few years. MALLARD PARK/EHW PROPERTIES COMPREHENSIVE GUIDE PLAN AMENDMENT/REZONING/PRELIMINARY SUBDIVISION Mayor Egan introduced this item as a comprehensive guide plan amendment, Mallard Park 4th Addition/EHW Properties, from D-ill and RB to D-I; rezoning from R-4 and RB to R-1; and preliminary subdivision for 63 lots and 2 outlots, located south of Diffley and west of Johnny Cake Ridge Road. Community Development Director Reichert gave a staff report on this project. Mike Gair, representing EHW Properties, noted that only 31 acres are being proposed for rezoning. He noted they laid out the property according to the slopes, woodlands, and wetlands to make it more responsive to the lay of the land. He noted that at the Planning Commission meeting, it was suggested that if the cul-de-sac is moved south, more woodlands could be preserved. He reviewed the grading, tree preservation and landscaping plans. He urged Council approval. Counciimember Wachter expressed a public safety concern with the loop road. Mayor Egan questioned the compatibility of single family zoning with roadside business zoning. He feels roadside business is an archaic land use classification. He doesn't feels there Is much development ability under that land use classification in the foreseeable future. Discussion followed concerning the future of the roadside business property to the north. Cal Eich, 1747 Drake Drive, and Arlene Cowles, spoke in favor of the rezoning. Discussion followed concerning the zoning of the post office parcel. Councilmember Hunter stated he feels roadside business property Is incompatible with the commercial study. He supports this request, stating he feels the developer was sensitive to the natural amenities of the area. After some discussion, Hunter moved, Awada seconded a motion to approve a comprehensive guide plan amendment from D-III to D-I for approximately 38 acres in the north quarter of Section 29 and the northwest quarter of Section 28; and that staff is directed to place the proposed rezoning and preliminary subdivision on a future agenda following Metropolitan Council review. Aye: 5 Nay: 0 Councilmember Masin asked about the bill requiring that development proposals must be processed In 45 days. She suggested the city draft letters to our legislators opposing it. Community Development Director Reichert noted that Senator Wiener is drafting revisions to the bill. Discussion followed. 0V EAGAN CITY COUNCIL MINUTES; MARCH 21, 1995 PAGE 6 Councilmember Masin indicated she will be testifying before the Senate Transportation Committee on clarifying language for the Opt-out transit. Discussion followed. VI ORS L Charles Bartholdi, representing Martin Colon on a piece of property he Is selling to Big Wheel Rossi, indicated the property is subject to the Town Centre 1001st, 11th and 13th Addition development contracts. Due to certain conditions in these agreements, the attorney for Big Wheel Rossi Indicated he needs a release of these development agreements with respect to this parcel. He reviewed each of the development contracts, noting that all of the work has been done, and all of the conditions have been complied with. He noted he is only requesting a release as to the Big Wheel Rossi lot because they will be paying off their assessments. He needs Council approval of this because the purchase agreement terminates at the end of the month. He requested that the Council release the parcels from those three development agreements, or authorize the release of the property from the development contracts upon staff completing its review. City Attorney Sheldon acknowledged that the request came In and they need to verify that everything in the development contracts has been completed. They have not been able to complete it yet. Public Works Director Colbert noted that three development contracts needs to be researched, as well as a PUD agreement as it pertains to this parcel, which is a substantial amount of research. He suggested the seller warrant to the buyer that they will absolve them and hold them harmless from all obligations of the underlying contracts of which Big Wheel Rossi Is not a party to. That might allow them to close the deal. The applicant stated the urgent need for the City to take action on this Rem by the end of the month. Councilmembers indicated they were not comfortable with pushing this through In just a few days, Indicating they feel this would create an undue burden on staff. RIO Community Development Director Reichert noted that at the last meeting, regarding the Penn Cycle request, she indicated the Planning Commission recommended signs on two sides, and it was actually three. The Council approved only two sides and the applicant would like to have signs on three sides. After some discussion, the Council concurred that it should remain at two signs. Public Works Director Colbert handed out feasibility reports for Wescott Hills Addition and Nicols Road Street and Storm Drainage Improvements. Hunter moved, Awada seconded a motion to set special workshops on April 4 at 4:45 p.m. and April 18 at 5:00 p.m. Aye: 5 Nay: 0 Councilmember Wachter reviewed some items from the National League of Cities conference. He also requested that staff review the square footage and topography of the remaining undeveloped land in Eagan. Councilmember Wachter asked for the status of the Parranto street project. Public Works Director Colbert Indicated he received a response Indicating he Is working on It. Councilmember Hunter Indicated the city needs proof, such as detailed plans, signed contracts, etc., that he will be bringing it by May 1 or the Council should go ahead with its original plan. Councilmembers concurred. Councilmember Wachter noted that the History Committee needs some funds to purchase frames, etc. Councilmember Masin suggested perhaps service organizations could provide some of these funds. Hunter moved, Masin seconded a motion to approve the expenditure of $1,000 from the general fund for 00 ~~zr EAGAN CITY COUNCIL MINUTES; MARCH 21, 1995 PAGE 7 the History Committee. Aye: 5 Nay: 0 He noted that the History Committee suggested that the bell from the building be placed by the Council Chambers rather than by the road. Mayor Egan gave Administrator Hedges Information on the A.M.M. Innovative City and Peacemaker Awards to review whether there is a project to submit for these awards. He also expressed a concern about the amount of information coming to the Council relative to City Council meetings. He questioned whether all of this material Is necessary. Other Councilmembers concurred. Councilmember Masin indicated she attended the reception for Connie Morrison, and she expressed appreciation for the resolution from the Council. Masin also expressed an Interest in attending the N.O.I.S.E. conference. Councilmember Hunter indicated he will be attending the first meeting of the Defense Conversion Task Force. He noted he has spoken with City of Burnsville councilmembers about joining the MLC, and was told they are considering leaving the A.M.M. and rejoining the MLC. Discussion followed. Councilmember Hunter stated he agreed with Mr. Krueger that the planned development needs to be formally terminated. Discussion followed concerning terminating the planned development, and parking for Lifetime Fitness. Public Works Director Colbert noted the Public Works Department is doing a city-wide analysis of on-street parking issues. ErC#ECN'~El Wachter moved, Egan seconded a motion to approve the check register dated March 3, 1995 In the amount of $1,904,908.06. Aye: 5 Nay: 0 ADJOURNMENT Wachter moved, Egan seconded a motion to adjourn the meeting to the special workshop. Aye: 5 Nay: 0 DLP March 21, 1995 Date City Clerk 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). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status or status with regard to public assistance.