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09/20/1994 - City Council Regular 0C295 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 20, 1994 A regular meeting of the Eagan City Council was held on Tuesday, September 20, 1994 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. AGENDA Administrator Hedges noted that the final subdivision approval for Trails End needs further action and should be removed from the Consent Agenda. He also noted that there will be an Executive Session after tonight's meeting. Hunter moved, Masin seconded a motion to adopt the agenda as amended. Aye: 5 Nay: 0 MINUTES OF SEPTEMBER 6, 1994 REGULAR MEETING Mayor Egan requested that a correction be made to a statement he made on page 10 to read, "Mayor Egan stated he doesn't see why the Council would turn down a request for this SuperAmerica Sta- tion, discriminating only because of this SuperAmerica Station's location relative to Eagan's proposed down- town. Awada moved, Wachter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OF SEPTEMBER 6, 1994 SPECIAL MEETING Councilmember Hunter requested that a correction be made to a statement he made on page 2 to read, "Councilmember Hunter stated he feels the city needs to proceed based on the successful completion of the audit" and that a sentence be added to read, "Hunter then suggested that the Council declare the $34,000 savings disallowed from the fundraising totals." Wachter moved, Hunter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 V1ISITOJRS:TO ZE IEAR0 Hugh Stewart, 4106 Blackhawk Road, indicated he is tearing down a shed and replacing it with a pole barn, and would like to have it approved. After some discussion, it was noted that building permits are dealt with administratively, and was suggested that he meet with staff during office hours and they will assist him. Margaret Schreiner, of Blackhawk Road, stated that the Blackhawk Road Utility and Street Construction Phase 11 has become intolerable for the residents of that neighborhood. Some of the concerns expressed were: no follow-up communication as promised in initial letters; no response to questions/ concerns; lack of sensitivity to concerns; lack of adequate detour signs; lack of adequate access/road not left passable at end of day; and disrespectful workers. She noted that she and others have made numerous requests and she doesn't feel they are unreasonable. She would like someone to come out and inspect this situation. Public Works Director Colbert indicated he was In this area tonight and noticed that Silverbell Road was dosed off without adequate detour signs. He will follow up on this and other concerns. He indicated that the utility delay was due to the lowering of Williams Pipeline. They are located in Tulsa, and coordination was difficult. That resulted in a 4-5 week delay in the project. He noted that this project has been difficult, and he will do what he can to remedy the situation. He suggested Ms. Schreiner contact him to discuss the situation. After some discussion, Councilmember Hunter suggested that the Public Works Director contact the contractor personally, and that a letter be addressed to all parties involved regarding these concerns. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1994 PAGE 2 EPAR` EN ' HEAL Stf tMESS Councilmember Wachter asked about the status of Gil Amundson's lot split request. Community Development Director Reichert indicated she feels final review can take place at the next Council meeting. Councilmember Hunter pointed out that the recreation fees exceeded the anticipated revenue and continues to do so. He commended the Parks and Recreation staff for their efforts. He asked what is included In the "Other Revenue" category of the Revenue Report. Mayor Egan presented a check In the amount of $22 from the law firm of the mayor of Mendota Heights, who subpoenaed him to appear In a case he Is representing involving a very politically sensitive lawsuit Involving appeals In the City of Eagan. He Indicated a concern over the way the City of Eagan Is being treated by the City of Mendota Heights on issues relating to the airport and air traffic. He feels a strategy needs to be developed to refute their accusations and bring out the truth. Administrator Hedges noted he feels the City needs take a more proactive approach to this. He added that the City of Eagan has honored the rules of the corridor; however, the City of Mendota Heights built housing within the corridor, and now the people living In this area are raising this issue to elected officials. Councilmember Wachter concurred, noting that back in the 1970's, he and Mendota Heights officials met with the Metropolitan Airport Commission and reached an agreement regarding where homes would be allowed to be built, and Mendota Heights has never followed through with their commitment. Councilmember Masin stated that the opening of Wescott Square was very impressive and asked the Park and Recreation Director to review it. Parks and Recreation Director Vraa explained the event and who was involved with the project. Mayor Egan noted that although this park doesn't conform to any city standards, it is one of the greatest benchmarks in 1994 for the community. He feels it Is a real accomplishment. Councilmember Hunter added that it refutes the Orfield study; that suburbs do have big city problems and areas that become blighted. The City responded before the situation became critical. ...............QNS.......ENT........<AGENDA 0 In regard to Item D, Recommendation. Airport Relations Committee, Eagan-Mendota Heights Corridor Aircraft Operations. Councilmember Wachter expressed a concern over the letter from the Metropolitan Airports Commission stating that calls received on the Noise Complaint Hotline are not used for anything. If these complaints don't mean anything, he doesn't see any reason to have residents call there. Council members reviewed the ANOMS data showing flight patterns over Eagan and Mendota Heights. In regard to Item F, Scope Change. Scope of Architectural Services, Police Department/Municipal Center Expansion. for Security Engineering. Site Design. Drainage Modification and Generator Relocation. Councilmember Wachter asked where the generator will be moved to. Administrator Hedges Indicated it will be moved to the same location the new one was proposed to be. Using the old generator will save considerable dollars. Councilmember Awada asked whether this vote approves the screen wall for the generator. Administrator Hedges indicated it doesn't. In regard to Item M, Accept Resignation of Cheryl Dusek from Solid Waste Abatement Commission: Recommend Appointment of Replacement. Councilmember Wachter recognized the efforts of Cheryl Dusek on the Solid Waste Abatement Commission. A. Personnel Items EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1994 PAGE 3 item 1. It was recommended to approve the hiring of Holly Confer and Benita Sollar as seasonal preschool program Instructors. Item 2. It was recommended to approve the hiring of Joan Rodgers and Cheryl Werner as seasonal preschool program assistants. Item 3. It was recommended to approve the hiring of David Johnson as a seasonal park maintenance worker. Item 4. It was recommended to approve contracting with Bruce Barry, Tom Platek and David Schomberg (substitute) as basketball scorekeepers. Item 5. It was recommended to approve the hiring of Barbara Purcell as a temporary part-time custodian in the Wescott Square facility. Item 6. It was recommended to approve a revision to the City of Eagan's Personnel Policy involving a response time requirement. B. Plumbers Licenses. It was recommended to approve the plumbers licenses for Dinius Plumbing Co., J-Berd Mechanical Inc., and J. Scott Plumbing as presented. C. Receive Assessment Roll/Order Public Hearing for October 18 for Assessment of delinquent utility bills. It was recommended to receive the assessment roll and order the public hearing for assessment of delinquent utility bills for October 18, 1994. D. Recommendation, Airport Relations Committee. Eagan-Mendota Heights Corridor Aircraft Operations. It was recommended to approve the recommendation by the Airport Relations Committee requesting Immediate action by the FAA to correct procedures and supervision within the air traffic control system to maintain jet traffic on and north of the south parallel localizer. E. Resolution. Police Department STEP Program Grant Application for Sober Driving and Seatbelt Use Enforcement. It was recommended to approve the resolution. R-94.64 F. Scope Change, Scope of Architectural Services, Police Department/Municipal Center Expansion, for Security Engineering. Site Design, Drainage Modification and Generator Relocation. It was recommended to approve the architectural scope changes totaling $24,057 as presented. G. Final Subdivision Approval, American Red Cross Addition. It was recommended to give final subdivision approval. 'R-94.65 H. Project 607. Receive Final Assessment Roll/Order Public Hearing (Diffley Road). It was recommended to receive the final assessment roll for Project 607 and order the final assessment public hearing to be held on October 18, 1994. 1. Contract 93-12, Approve Final Payment /Authorize City Maintenance (Hawthorne Woods Drive - Sidewalk). It was recommended to approve the second and final payment to Contract 93-12 in the amount of $10,441.81 to West Star Curb & Gutter, Inc. and accept the improvement for perpetual City maintenance subject to appropriate warranty provisions. J. Contract 94-15. Receive Bids/Award Contract (Timberline - Sanitary Sewer Rehabilitation). It was recommended to receive the bids for Contract 94-15, award the contract to Insituform Central in the amount EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1994 PAGE 4 of $27,300, with a bid alternate of $9,250 and authorize the Mayor and City Clerk to execute all related contract documents. K Receive Bids/Award Contract, Street Maintenance Equipment (Street Sweeper). It was recommended to receive the bids for a street sweeper and award the contract to MacQueen Equipment In the amount of $92,950 and authorize the Mayor and City Clerk to execute all related contract documents. L Contract 94-03. Approve Change Order #3 (Blackhawk Road & Blue Cross Road). It was recommended to approve Change Order #3 to Contract 94-03 and authorize the Mayor and City Clerk to execute all related documents. M. Accept Resignation of Cheryl Dusek from Solid Waste Abatement Commission, Recommend Appointment of Replacement. It was recommended to accept the resignation of Cheryl Dusek from the Solid Waste Abatement Commission and appoint Wally Wall to fill the remainder of the term. N. Resolution Supporting Application for Annual Landfill Abatement Grant Funds from Dakota County. It was recommended to approve the resolution as presented. R-94.66 0. Resolution Approving Statement of Purpose in Connection with the Turfgrass, Meadow and Woodland Establishment and Maintenance Ordinance. It was recommended to approve the resolution. R-94.67 P. Approve 1994 General Fund Budget Adjustments. It was recommended to approve the adjustments to the 1994 General Fund Budget as presented. 0. Resolution approving the On-Sale Liquor License Special Legislation. It was recommended to approve the resolution. R-94.68 R. Resolution Approving the Special Service District Special Legislation. It was recommended to approve the resolution. R-94.69 S. Final Subdivision Approval, Trails End. This item was removed from the consent agenda. R-94.70 T. Vacate Public Right-of-Way. Receive Petition/Order Public Hearing (Birch Street). It was recommended to receive the petition to vacate a portion of Birch Street and schedule a public hearing to be held on October 18, 1994. Hunter moved, Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 S. Final Subdivision Approval, Trails End. Administrator Hedges noted there was a request to transfer the pending assessments to one lot, and extend the payment term to 10 years. Awada moved, Hunter seconded a motion to approve the final subdivision for Trails End, transferring the pending assessments to one lot, and extending the payment term to 10 years. Aye: 5 Nay: 0 P U . B.......u C...... H.......EA.......R....... lNG S FINAL ASSESSMENT HEARING/CEDAR GROVE STREET RECONSTRUCTION Mayor Egan introduced this item as project 662, Final Assessment Hearing for Cedar Grove Street Reconstruction and noted this will be continued to the October 4, 1994 meeting. Wachter moved, Hunter seconded a motion to continue this public hearing to October 4, 1994. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1994 PAGE 5 N DSlS1ESS RECONSIDERATION/CONDITIONAL USE PERMIT/NATIONAL PROPANE COMPANY Mayor Egan introduced this item as reconsideration of Conditional Use Permit for National Propane Company. Administrator Hedges noted this item received action at the last meeting; however, the Community Development staff feels the Council may want to reconsider this item. Masin moved, Hunter seconded a motion to reconsider the Conditional Use Permit for National Propane Company. Aye: 5 Nay: 0 Community Development Director Reichert explained what the Council approved for screening at the last meeting and noted that the Fire Marshal has some concerns about the brick enclosure, and about having a propane tank at this location. She added that this tank was proposed to be located within the setback area, which is against the outdoor storage ordinance. Dale Wegleitner, Fire Marshal indicated that his biggest concern is with the brick enclosure, because the Uniform Fire Code states there shall be no structures or fire walls around propane tanks. He is also concerned with the amount of propane that would be located at a very busy corner. He recommends the exchange program be utilized instead. Councilmember Hunter asked whether there are any regulations on filling tanks. Fire Marshal Wegleitner indicated that training is required. He has had reports of incidents where tanks have been overfilled and released gas in vehicles. With the exchange program, the cylinder is brought in and exchanged with one that was filled and checked by a gas company. Councilmember Hunter stated he thinks the setback issue is a valid concern. He feels the concerns being expressed by the Fire Marshal should have been done the first time this was considered. He feels a thorough analysis needs to be done and he isn't ready to vote on it. Councilmember Masin agreed that this is a busy corner and the City needs to be prudent in its decision. Leslie Leko of SuperAmerica, showed pictures of other locations in Eagan that have propane tanks. She noted this location has declining sales because of growth in Town Centre, and the company feels they need something to draw customers. She noted that training is done by a gas company. Masin noted that the propane tank on Diffley was allowed to be moved due to safety of the residents in the area. Wachter asked how many employees are qualified to fill these tanks. Rich Zehnder, of SuperAmerica, indicated that employees could not dispense propane until they have a signed certificate in their file that they received the training. Councilmember Awada asked for clarification on the objection to the brick wall by the Fire Marshal. Fire Marshal Wegleitner indicated that firefighters cannot see through a brick fence, and a wood fence could be easily pulled away from the tank. After some discussion regarding how a fire would be handled, Councilmember Hunter asked if the tank is placed inside the setback area, whether that would impede motorists. Public Works Director Colbert indicated that overflow parking occurs in that area. Councilmember Awada asked how far the tank would be from Pilot Knob Road. Public Works Director Colbert was unsure, but estimated it to be approximately 68 feet from curb to curb. Discussion followed concerning the Planning Commission reasons for denying this request. Mason moved that the Conditional Use Permit be denied, stating she feels this is an inappropriate location. The motion died for lack of a second. Councilmember Hunter reviewed the findings for outside storage from the Planning Report and noted that the only findings that are violated deal with the tank being located in the setback area. The Council needs to decide whether they want to violate those conditions. Mayor Egan asked whether a variance would be needed to allow this. City Attorney Sheldon stated that the Conditional Use Permit allows OO3JOa EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1994 PAGE 6 the Council to review a use that would be permitted if it meets the conditions. The Council can waive a condition as long as it is not arbitrary, capricious or unreasonable. Councilmember Wachter stated he would like further information before acting on this. Perhaps a different location on the site would be more appropriate. Hunter added that he would also like to see the Uniform Fire Code sections referenced in the Fire Marshal's memo. Wachter moved, Hunter seconded a motion to continue this to the next meeting. Aye: 5 Nay: 0 ...................U.................... IEW BSINESS PRELIMINARY PLAT/BEST BRANDS INC. Mayor Egan Introduced this item as the preliminary plat of Best Brands, Inc. of one lot on 16.75 acres located along the west side of T.H. 13 and the north side of Yankee Doodle Road. Administrator Hedges noted that the Advisory Planning Commission held a public hearing on this and recommended approval subject to conditions. Community Development Director Reichert explained the location and request. She noted they are requesting to combine a platted lot with a metes and bounds parcel. There is no development proposed at this time. She noted that park dedication was paid on one of the lots at the time it was subdivided. Because the metes and bounds property is not being subdivided, it will not be subject to park dedication or water quality fees. Wachter moved, Hunter seconded a motion to approve the preliminary plat for Best Brands, subject to the following conditions: 1. The developer must comply with standard conditions of plat approval Al, B1, B3, C1, E1, F1, G1 and H1 as adopted by Council action on February 2, 1993. 2. A grading, drainage and erosion control plan must be submitted with the building permit application. 3. The Developer is responsible for abandoning all wells and septic systems according to the City and County requirements. 4 A sanitary sewer and water main layout plan shall be submitted with the building permit application. 5. A tree preservation plan must be submitted with the building permit application. Aye: 5 Nay: 0 STOP SIGN REQUEST/WILDERNESS RUN RD. & WEDGEWOOD DR. Mayor Egan introduced this item as stop sign request, receive petition and approve or deny Installation, Wilderness Run Road & Wedgewood Drive. Administrator Hedges noted that last year, the City received a petition from adjacent property owners requesting a stop sign at this location. A letter was recently received requesting that this Item be reconsidered by the Council. Public Works Director Colbert explained the location and request and noted that after analysis, staff determined it doesn't meet the warrants for a stop sign. He explained the results of the staff report, and the 0Y 3._ 1 EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1994 PAGE 7 criteria used. Since it does not meet warrants, Council authorization is needed to install a stop sign at this location. Patty Schilling, representing the Wedgewood First Addition, indicated she and her neighbors are concerned about safety at this intersection, especially for pedestrians, who are mostly children. There is a painted pedestrian crosswalk, but it doesn't seem to help. Speeding is a big problem on Wilderness Run Road. John Pearson, Maura Szydlowski and Corinne Brehm expressed their concerns about safety and urged Installation of a stop sign or flashing crosswalk at this location. Councilmember Wachter suggested that extra police surveillance Is needed in this area. Discussion followed concerning the cost of installing a flashing crosswalk. Councilmember Hunter concurred that more enforcement is needed and asked about the three-way stop by Oak Chase Park. Public Works Director Colbert indicated that Intersection does not meet warrants. It was Installed by Council action. Hunter stated he feels a flashing light should be installed at this intersection, and would like to know what the stopping distance is at 45 miles per hour since that is how fast many of the drivers are going on Wilderness Run Road. He feels the criteria for flashing lights should be the stopping distance at the 85th percentile speed. He noted that they need to be strategically placed to be effective. Public Works Director Colbert noted that his staff is in the process of completing a study of crosswalks In the city, where they should be installed, and what type. He noted that pedestrian activated flashing lights could be added to this study. He does have a concern about installing one of these without setting the criteria. It could create some liability on the part of the city. Mayor Egan asked how quickly that study could be brought back to the Council. Public Works Director Colbert noted that with their present workload of trying to wrap up construction projects, final assessment hearings, and initiating fall projects, he feels this type of project is more suitable for winter months. Wachter indicated he would like to know what the fines are for speeding. Councilmember Masin stated she feels the problem is with staffing. Councilmember Awada stated she feels something needs to be done. She favors a stop sign. It is less expensive and more permanent and safer. Councilmember Hunter suggested that that be made part of the study also. Inconvenience to motorists also needs to be taken into consideration. Mayor Egan emphasized the use of warrants and cited a situation where a stop sign was actually removed because it was safer without it. He would support a flashing light, because he feels it would be more effective. Patty Schilling presented additional names for the petition. (See Exhibit A.) After more discussion, Hunter moved, Wachter seconded a motion to continue this indefinitely, pending completion of the crosswalk study. Wachter suggested that additional police surveillance be requested during that time. Aye: 5 Nay: 0 Barb Squires, a local resident, asked for clarification on the schedule. Staff responded that the study is scheduled to be complete within six months. More discussion followed. CONSIDER ABATEMENT OF ASSESSMENT Mayor Egan introduced this item as consideration of abatement of assessment, interest and penalties for parcel 10-03100-014077. Administrator Hedges noted that there was a request from the property owner of the Sieg Estate and Arcon Development to abate accumulated interest and penalties associated with the Green Acres/Senior Citizen deferrals of special assessments levied against this unplatted parcel. He explained the location. Scott Johnson, President of Arcon Development, stated that an opportunity developed to removed a significant amount of material off the property at a substantial savings. The property is not developable unless this fill is removed. It must be done this Fall. The City would get its assessment principal, and he feels it justifiable to defer the penalties because the property has never been developable. He feels everyone will benefit from this. 003,-d;20 EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1994 PAGE 8 Mayor Egan indicated a concern about the precedent this would set and asked whether concessions were made on the Hidden Valley development. Public Works Director Colbert stated he doesn't remember any economic considerations that were given to that property. Wachter recalled the City working with them on the access problems. Councilmember Masin Indicated she Is not comfortable with substantially changing the property. She asked whether there is another way to develop this property without doing as much to the site. Scott Johnson noted there have been numerous designs for this property and this is a reduced number of units. He feels this Is the best layout they can achieve for this property and it fits the neighborhood. Councilmember Hunter stated he feels this proposal is well written; however, he Is also concerned about the precedent issue. He feels there are enough unique circumstances to justify this decision and he feels the Council should take advantage of the opportunity to develop this property. Councilmember Wachter concurred, stating that the alternative is that it goes to tax forfeiture. Mayor Egan added that in addition to the unique physical factors, there are financial considerations also. If this proposal is accepted, the City will at least recover the principal amount of its assessments and provide a housing development that will generate an increased tax base for the community. It will also accomplish the city's goal of connecting Slater Road to Burnsville Parkway. He sees this proposal as eliminating a lot of negatives and gaining a lot of positives, and feels it mitigates against the precedence factor. Awada and Wachter concurred. Hunter moved, Wachter seconded a motion to approve an $80,000 assessment without future Interest abatement for Parcel 10-03100-014-77, subject to final subdivision/platting of the property; and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 REZONING/REMO CAPONI Mayor Egan Introduced this item as rezoning for Remo Caponi, of 5.9 acres from A, Agricultural to R-1, Single Family, along the south side of Diffley Road, west of Lexington Avenue. Administrator Hedges noted that the Advisory Planning Commission reviewed this and a public hearing was conducted. They do not favor this rezoning. Community Development Director Reichert explained the request and location. She noted that when this area was rezoned, this property was left without access except through the park. The Planning Commission expressed concerns about having a small single family development in the midst of this park land, and that access would only be available through the park. The current home has an easement for access, and it can be moved. The Planning Commission referred this to the Park and Recreation Board, and their recommendation was to keep it Agricultural with the single home. They also recommended that if development is to occur, that four homes would be more appropriate. Since four homes can have a private driveway rather than a public street, and they would like to see it have access off of Diffley Road rather than through the park. She noted the Planning Commission discussed rezoning it to single family and reduce the number of lots, and the chair of the Planning Commission felt that any additional residential development in this area would be spot zoning. They recommended that the property remain the way it is, and determined that there Is a viable use of the property, and that it doesn't constitute a taking. Therefore, they recommended denial of the rezoning. 0ooa11>a3 EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1994 PAGE 9 Todd Rapp, representing the Caponi's, urged Council approval of this rezoning. He feels it will increase the city's tax base and be an attractive development. He noted there were no objections raised by the public at the Planning Commission. The development complies with all ordinance requirements. He reviewed the history of the development of this area and how this development complies with the comprehensive plan. He concluded from staff reports that park and single family land uses are compatible. He doesn't feel there Is any justifiable reason for denial. Mayor Egan reviewed statements from the staff reports regarding the compatibility of park and single family land uses and asked the City Attorney whether the Council has a legitimate basis for denying this. City Attorney Sheldon responded that the Council needs to make a factual determination on whether there is a basis to accept or deny this rezoning based on the factors listed. Councilmember Wachter expressed a concern about using the park for access, and feels there will be complaints about noise and bright lights from the park. He feels this would cause problems. Councilmember Awada concurred, stating she feels it is acceptable to have one lot taking access from a park, but not 11 lots. She feels access should come from Diffley Road. Councilmember Hunter disagreed with Mr. Rapp's statement that the Comprehensive Plan says that agricultural is not a viable long-term use in the City of Eagan. It actually states that commercial agricultural is not a viable long-term use. A single family detached dwelling is a non-commercial agricultural use. He refuted statements made by Mr. Rapp regarding the staff reports, noting that many of those statements were made when the entire area was D-1, and conditions have changed substantially since that time. He feels 11 single family lots are too many for this area. The Council needs to decide what the zoning should be if it isn't going to be D-1. Councilmember Awada asked whether the existing easement could be used for 11 lots. Community Development Director Reichert indicated it cannot. There is a 16 foot easement and it can be relocated by the city, which is what they have done. Mayor Egan questioned the letter from Lee Markell, noting it is unusual for a member of an advisory body to write a letter on city stationery to another advisory body. The letter is not even consistent with what the Planning Commission did. Therefore, he doesn't feel it is the position of the Advisory Park and Recreation Commission. Hunter concurred, stating that the letter leads people to believe that it is their position. Community Development Director Reichert stated she believes Mr. Markell was designated to write this letter to summarize their comments. The Advisory Planning Commission felt that the Advisory Parks and Recreation & Natural Resources Commission be involved in this land use issue due to the fact that there is park land there. She believes Mr. Markell is the chair of the Advisory Parks, Recreation & Natural Resources Commission and has written this letter on the commission's behalf to summarize their position. Mayor Egan stated he feels the minutes should be the official document to state their position. He doesn't know whether all of the board members agree with all of the points in the letter. Community Development Director Reichert noted that the Advisory Planning Commission requested this letter. Further discussion followed. Councilmember Masin asked whether this development will have a negative impact on the park. Councilmember Awada state she doesn't feel it will have a negative Impact on the city park as long as access Isn't taken from the park; however, she feels it will have a negative impact on the art park. Hunter asked about traffic restrictions on this easement through the park. Community Development Director Reichert noted that a 16 foot easement would not be adequate under city ordinance to serve an 11 lot subdivision. She noted that it is difficult to determine what is best for this property until it is known how the art park progresses over the next few years. Hunter stated he doesn't like the "wait and see" approach. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1994 PAGE 10 He feels the City owes the property owner the right to develop their property based on the City of Eagan Comprehensive Guide Plan and he will base his vote on that. Councilmember Awada reiterated that she doesn't feel it Is appropriate to take access from the park. Masin concurred. Mayor Egan disagreed, stating he feels the traffic Impact will be minimal. Discussion followed concerning the easement and anticipated amount of traffic to be generated from this development. Hunter moved, Egan seconded a motion to approve the rezoning, with direction to send the plat back to the commissions for review. Aye: 4 Nay: 1 (Wachter opposed.) Community Development Director Reichert stated she doesn't feel it will be possible to get access directly off of Diffley Road. Administrator Hedges concurred, stating he feels the Planning Commission needs some direction from the Council. Hunter stated he would like this situation analyzed to see what access Is appropriate. Considerable discussion followed concerning access to this development. Awada noted she will vote against the plat if access is shown through the park. If the city gives them a different easement, they won't be able to move the road or build something there if wanted in the future. She feels the city loses its flexibility for this property. A question comes up also as to who will pay for the roadway if it gets redone. Public Works Director Colbert noted that if access is taken from Diffley, the configuration of the lots will change. This has been discussed before and Dakota County will not allow access to Diffley Road if they feel it Is available through city property. Awada noted that if the City refuses access through the park, Dakota County would almost have to provide the access. Public Works Director Colbert indicated he will wart for an alternative proposal from the developer to make the analysis. Todd Rapp indicated that the developer suggested access north of the water tower away from the activity of the park, and it was at staff's urging that the access was moved to the current location. He feels they are getting contrary direction on this issue. He doesn't feel that access from Diffley Road is feasible. He feels the City Is obligated to provide access to this property. The developer would like to go back to their original proposal if the Council doesn't feel park access is desirable, but he needs that direction from the Council. Mayor Egan indicated that the Public Works Director will be reviewing the access with Dakota County, and staff can review his request as an option when it comes back to the Council. REQUEST CHANGE/BOW HUNTING RESTRICTION Mayor Egan introduced this item as a request to change bow hunting restrictions. Administrator Hedges noted that Norm Svien requested the opportunity to speak to the Council about changing the present ban on bow hunting, noting he wasn't aware that this issue was being considered last year. A question arose as to whether a motion for reconsideration is necessary. City Attorney Sheldon clarified that unless it Is reconsidered at the meeting following the vote, it is considered a new motion. Norm Svien stated he feels that Eagan should have some control over the deer herd. He would like to hunt behind Gopher Smelting and he feels it would be safe, and wouldn't cost anything to the City of Eagan. The City could hire sharpshooters for deer control, but it would cost a lot of money, and he doesn't feel it is an effective method of control. He doesn't agree with the argument that bow hunting is inhumane. Mayor Egan agreed that it is unfortunate that so many deer get hit by cars, and die of disease or starvation. However, the City of Eagan doesn't have a budget to properly monitor and regulate a hunting season. He feels the DNR should be responsible for regulating deer hunting on private as well as public land. vm . r... EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1994 PAGE 11 Wachter noted that both sides needs to be represented on this issue. Councilmember Masin stated she voted in favor of the ban last year. However, she has received a lot more information on deer management to base her vote on than she had last year. Her concern was for the safety of the residents. She feels the City should draft a letter asking either the Legislature or the DNR to take over deer hunting regulations on private property. Mayor Egan added that deer management is not something cities are equipped to do. Norm Svien noted that DNR regulations would prevail. He just needs permission to hunt on this property. After some discussion, Hunter moved, Awada seconded a motion to direct staff to prepare an ordinance change to reinstate bow hunting in the City of Eagan. Aye: 3 Nay: 2 (Egan and Wachter opposed.) Administrator Hedges asked whether the Council will consider applications along with the ordinance at the next meeting. The consensus of the Council was that they will consider the applications if the ordinance is approved. Councilmember Hunter gave a report on the High School Site Selection Committee, noting that four sites are being considered for the new high school. The Apple Valley site seems to be the prevailing site. If that is the case, Eagan students will be split between five high schools. He noted that the task force realizes that school boundaries will have to change. ..................DMINt....ST......RATIY...............E:A.G...........E.......N DA A Mayor Egan noted there will be an Executive Session following this meeting. ROUND TABLE Administrator Hedges handed out some Request for Information/Follow Up forms for the Council's use in requesting information from staff. He also noted that the Council will have to schedule a special meeting to canvass the November 8th election results. He added that he recently attended the ICMA National Conference, and the City Administrator from Duluth is the new ICMA President. Councilmember Wachter noted that Eagan was a recipient of the Twin City Tree Trust. Mayor Egan added that the celebration for that was held in Eagan at Sky Hill Park. Mayor Egan asked about the Stinar proposal, noting he received a call from them indicating their five year phase-in program was turned down by Community Development staff. Therefore, they withdrew their Conditional Use Permit application. Community Development Director Reichert stated she would check into it. Some discussion followed. Councilmember Masin suggested the Council start to meet with area businesses on an occasional basis. It would give the Council the opportunity to update businesses on city issues. Community Development Director Reichert noted that the Economic Development Commission will be talking about the structure of their committees. Councilmember Masin reported on several meetings and events she attended recently. Councilmember Hunter noted that the meeting on Friday morning with John Ruggieri will need to be rescheduled. He noted he spoke with Ken Tyler on the Advisory Parks, Recreation & Natural Resources Committee regarding their report on the tree preservation policy, and their Initial observation is that the requirements are not being met. He looks forward to getting the full report. Some discussion followed. EAGAN CITY COUNCIL MINUTES; SEPTEMBER 20, 1994 PAGE 12 CHECK REGISTER After several questions, Wachter moved, Egan seconded a motion to approve the check register dated September 16, 1994, in the amount of $1,805,438.62. ADJW. NMEN1 There being no further business to discuss, the meeting adjourned to Executive Session at 11:00 p.m. DLP September 20, 1994 ~/aM 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). 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