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11/21/1989 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 21,1989 A regular meeting of the Eagan City Council was held on Tuesday, November 21, 1989, at the Eagan Municipal Center. Present were Mayor Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Community Development Director Dale Runkle, Public Works Director Tom Colbert, and City Attorney James Sheldon. AGENDA City Administrator Tom Hedges informed the Council that the following items should be continued: Consent Agenda Items - F (Final Plat, Stratford Oaks) and I (Amendment to Development Contract, Hills of Stonebridge II); and Public Hearings - B (Project 443, Final Assessment Hearing - O'Neil - Trunk Storm Sewer). He also stated that after the presentation to Unisys, there would be a special recognition for a recent winner of the Cash for Trash Program. Wachter moved, Gustafson seconded, the motion to approve the agenda as amended. All voted in favor. MINUTES November 9, 1989. Councilmember Egan requested a change on page 2, paragraph 1, the third sentence should read "Councilmember Egan asked if the drug problems were as serious as Police Chief Geagan thought." He also requested an addition on page 21, paragraph 1, the first sentence should read "Mayor Ellison felt that $100,000 per acre for park property was too much." Councilmember Gustafson had questions regarding "ENAC" on page 16, paragraph 2. The first sentence is changed to read "Cindy Ellis (ENAC - Eagan Noise Abatement Committee) explained that ENAC was a noise abatement citizens' group." McCrea moved, Wachter seconded, the motion to approve the minutes for the November 9, 1989 regular Council meeting as amended. All voted in favor. November 14, 1989. Ellison moved, McCrea seconded, the motion to approve the minutes for the November 14, 1989 special Council meeting as presented. All voted in favor. EAGAN CITY COUNCIL MINUTES November 21, 1989 Page 2 SPECIAL RECOGNITION OF UNISYS CORPORATION/HOUSEHOLD HAZARDOUS WASTE COLLECTION Kris Hageman presented the recognition award. She recapped the day's activities and the amounts collected. Roger Martin (Unisys - Manager - Environmental Management) reported that the household hazardous waste collection day was a good cause and he hoped it would be an annual event. Mayor Ellison presented the award. CASH FOR TRASH Kris Hageman presented the Cash for Trash award to Victoria Jabbra. PUBLIC WORKS DEPARTMENT/CINNAMON RIDGE ADDITION REQUEST TO CONVEY PRIVATE STREETS FOR PUBLIC MAINTENANCE Public Works Director Tom Colbert introduced the item and presented the staff report. He stated that representatives were informed of the problems connected with City maintenance. He recommended denial of the request. Councilmember McCrea asked what would happen if the request were denied. Mr. Colbert stated that the homeowners must maintain the streets. Councilmember Egan commented that the work would be assessed against the landowners' properties and that the homeowners could do the work cheaper themselves. Councilmember Wachter questioned the size of the cul-de-sac. Mr. Colbert explained the dimensions. Councilmember Wachter pointed out that it was City policy that City specifications be met. Mayor Ellison and Councilmember Egan agreed. Councilmember Gustafson recommended denial in the future for private streets. Rick Matheson, 4585 Horizon Circle, was present for the Cinnamon Ridge discussion. He pointed out that he did not reside in the development but had rental properties. He requested City maintenance of the streets and listed his reasons. He pointed out that the residents did not have any money and that the streets did not meet standards. He further stated that the City had allowed the streets to be built. Councilmember Gustafson asked if the residents would be willing to be assessed for the upgrade. Mr. Matheson stated the residents would accept special assessments. Councilmember Egan reported that the City allowed the private streets because it expected the Homeowners' Association to maintain them. He felt there should be a better escrow fund. Councilmember McCrea commented that the developer was responsible and not the homeowners. There was further discussion regarding the street maintenance. EAGAN CITY COUNCIL MINUTES November 21, 1989 Page 3 Councilmember Gustafson suggested a neighborhood meeting to work out a plan. Councilmember McCrea questioned if a delay would create objections. Public Works Director Tom Colbert stated he was unsure. Councilmember McCrea reported that HUD owned 60% of the development. City Administrator Tom Hedges felt that Councilmember Gustafson's approach was sound and stated that questions could be pursued. Councilmember Wachter felt it would set a bad precedent. Councilmember Egan felt there was a need for consent from several associations. Wachter moved, Egan seconded, the motion to deny the request to convey private streets and cul-de-sacs for public maintenance within the Cinnamon Ridge Addition. All voted in favor. PARKS AND RECREATION DEPARTMENT/ ARCHITECT SELECTION/BLACKHAWK PARK SHELTER BUILDING City Administrator Tom Hedges introduced the item and informed the Council that the firm of Schwarz/Weber was recommended for selection. Park and Recreation Director Ken Vraa explained the selection process. Councilmember Egan reported that Schwarz/Weber had done excellent work in the past. He further stated that Bob Vanney's office was located in Eagan. Mr. Vraa commented that Vanney's office also did excellent work and that the decision was a tough choice. Councilmember McCrea asked if the selection was just for the Blackhawk Park shelter. Mr. Vraa stated there were currently two proposals with three other shelters. Councilmember McCrea requested the cost of operation for parks. Mayor Ellison commented the City should not reinvent the wheel with redesigned shelters. Gustafson moved, Wachter seconded, the motion to approve the selection of Schwarz/Weber to perform park shelter design of Blackhawk Park and design/construction administration for three additional City parklands. All voted in favor. LEXINGTON POINTE 4TH & 5TH ADDITIONS/ PARK ACQUISITION/TRAPP FARM PARK Bill Ipson, 4340 Hamilton, presented a petition regarding Trapp Park. He requested the City preserve the trees and the sled hill. He read the petition to the Council. He requested the City Council take prompt action and urged passage of a tree ordinance. He explained there were 69 signatures on the petition and that Tri-Land Development had developed their neighborhood. EAGAN CITY COUNCIL MINUTES November 21, 1989 Page 4 Councilmember Gustafson questioned the petition language. Mayor Ellison pointed out that all of the hill was not park property. Mr. Ipson commented that the petitioners had been led to believe that the park would remain as is. Councilmember Wachter stated he felt the developer needed to protect the trees which were close to the street. Councilmember McCrea pointed out that the trees would be removed when homes were built. City Administrator Tom Hedges explained that several options were being explored and that the item would be back before the Council at one of the next two Council meetings. CONSENT AGENDA A. Personnel Items. 1. Health Insurance Providers for 1990. Councilmember McCrea asked if the City paid for the entire family coverage. City Administrator Tom Hedges replied that the City did pay for the entire family- coverage and that both union and non-union compared to other municipality costs. It was recommended to approve the group health (including adult preventive dental), Med-Centers and PHP Health Insurance proposals as the three health insurance plans which will be offered by the City of Eagan to its employees for 1990. 2. Lead Construction Inspector. It was recommended to approve the appointment of William Bruestle as lead construction inspector for the City of Eagan. B. Plumbers Licenses. It was recommended to approve the plumbers licenses for Andreasen Plumbing & Heating and Wyllie Plumbing. C. Set Date for 1990 General Fund Budget Tax Levy. City Administrator Tom Hedges stated the date was set for December 5, 1989 at 8:00 p.m. with the reserve date of December 19, 1989. It was recommended to approve the date of December 5, 1989 as the official date for the public hearing to consider the proposed increase in property taxes for 1990 and December 19, 1989 as the alternate date if additional time is needed; both meetings to begin at 8:00 p.m. D. Project 88-UU, Acknowledgement of Project Completion (Dart Transit - Utilities). EAGAN CITY COUNCIL MINUTES November 21, 1989 Page 5 It was recommended to acknowledge completion of Project 88-UU (Dart Transit - Utilities) and authorize the release of related financial securities subject to appropriate warranty provisions. E. Project 87-II. Acknowledgement of Project Completion (Blue Ridge Addition - Streets and Utilities). It was recommended to acknowledge completion of Project 87-II (Blue Ridge Addition - Streets and Utilities) and authorize the release of related financial securities subject to appropriate warranty provisions. F. Final Plat for Stratford Oaks. City Administrator Tom Hedges informed the Council that the matter should be continued indefinitely. It was recommended to continue indefinitely the final plat for Stratford Oaks. G. Final Plat for Whispering Woods 5th Addition. It was recommended to approve the final plat for Whispering Woods 5th Addition. R-89.74 H. Final Plat for Mardelann Addition. It was recommended to approve the final plat for Mardelann Addition. R-89.75 I. Amendment to Development Contract, Hills of Stonebridge II. City Administrator Tom Hedges informed the Council that the matter was to be continued to the December 5, 1989 City Council meeting. It was recommended to continue the amendment to the development contract for the Hills of Stonebridge II to include a revised Exhibit B, to the December 5, 1989 City Council meeting. Gustafson moved, Wachter seconded, the motion to approve the consent agenda items as amended, and authorize their implementation. All voted in favor. DEPARTMENT HEAD BUSINESS Mike Reardon (Cable Commission) presented mugs to the Council. Fire Chief Southorn informed the Council that the aerial repair matter had been settled. EAGAN CITY COUNCIL MINUTES November 21, 1989 Page 6 LEXINGTON PARKWAY/DRAINAGE EASEMENT VACATION City Administrator Tom Hedges introduced the item. Public Works Director Tom Colbert presented the information to the council. McCrea moved, Egan seconded, the motion to close the public hearing and approve the vacation of the drainage easement as described over portions of Lots 8, 9, 10 and 11, of Block 2, Lexington Parkway Addition, and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. PROJECT 443/O'NEIL - TRUNK STORM SEWER/ FINAL ASSESSMENT HEARING City Administrator Tom Hedges recommended cancelling the final assessment hearing and rescheduling the matter for December 19, 1989. Gustafson moved, Wachter seconded, the motion to cancel the public hearing regarding the final assessment roll for Project 443 (O'Neil - Trunk Storm Sewer) and reschedule the matter for a new public hearing on December 19, 1989. All voted in favor. SPECIAL HUNTING SEASON PERMIT/RICHARD MAURER, JR. City Administrator Tom Hedges explained to the Council that City Code needed clarification. He pointed out that Mr. Maurer had not yet met with the Police Department but that Police Chief Geagan recommended approval contingent upon police department review. He further pointed out that NML may own the property. Councilmember Gustafson favored the Maurer request. Councilmember Wachter felt bow and arrow hunting was not as dangerous but that the hunting in Eagan was piece-meal. Councilmember Gustafson felt the Council should reverse its motion regarding the DNR issue. Councilmember Egan commented that bow and arrow hunting in the river area was not as efficient as slug hunting. He stated he did not have a problem with the issue. Egan moved, Gustafson seconded, the motion to approve regulations that allow for a special deer hunt with a bow and arrow as requested by Richard Maurer, Jr. for properties owned by Harold Becker, Jerry Scott Krueger and Richard Maurer, subject to the police department's review. Gustafson, Ellison, Egan and McCrea voted in favor; Wachter voted against. COVENTRY PASS SECOND ADDITION/PRELIMINARY PLAT City Administrator Tom Hedges and Community Development Director Dale Runkle introduced the matter. EAGAN CITY COUNCIL MINUTES November 21, 1989 Page 7 Gustafson moved, McCrea seconded, the motion to approve the preliminary plat for Coventry Pass 2nd Addition as presented by United Mortgage Corporation, subject to the following conditions: 1. These standard conditions of plat approval as adopted by Council action on September 15, 1987 shall be complied with: Al, B1, B2, B3, B4, C1, C2, C3, C5, D1, and El. 2. No direct driveway access onto Dodd Road shall be allowed. Forty-foot setbacks shall be required along Dodd Road. 3. The development is required to maintain a maximum depth of 8 feet of cover on the existing water main in the southwest corner of the development. 4. The development is responsible for any damage which may occur to any existing City public utility line which results from the proposed site grading and development. 5. The development will be required to match the, existing street grades provided in the adjoining Country Hollow development. 6. The development is required to adhere to the City's maximum 3:1 slope criteria. 7. The development is required to provide storm sewer to adequately accommodate the storm water runoff which is currently conveyed by the rural ditch section along Dodd Road. 8. The development will be required to provide emergency overland outlets from all low areas. 9. A storm sewer outlet is required for Block 4 to collect the storm water runoff water in the backyard low area. 10. A 50 foot half right-of-way is required for Dodd Road. 11. The development is required to provide sanitary sewer, storm sewer, and water main stubs to all adjacent properties as determined by City staff. All voted in favor. MINNESOTA JOURNAL ARTICLE "DEFINING A CORRIDOR FOR AIRCRAFT DEPARTURES" City Administrator Tom Hedges requested Council direction and asked if Eagan staff should also prepare an article. Councilmembers were in agreement that the City should draft an article for EAGAN CITY COUNCIL MINUTES November 21, 1989 Page 8 publication in a future copy of the Minnesota Journal representing the City's view of the Eagan/Mendota Heights corridor. City Administrator Tom Hedges informed the Council that staff would prepare the article. PROJECT 461/YANKEE DOODLE ROAD/O'NEIL PROPERTY REVISED FINAL ASSESSMENT HEARING Public Works Director Tom Colbert updated the Council regarding the background of the matter. McCrea moved, Gustafson seconded, the motion to receive the revised final assessment roll for Project 461 (Yankee Doodle Road - Streets and Utilities) and schedule a public hearing for December 19, 1989, as it pertains to Parcels 010-56 and 010-77, in Section 10. All voted in favor. MINNESOTA DEPARTMENT OF TRADE Tom Hedges distributed information concerning the Minnesota Department of Trade and requested direction by the Council. McCrea moved, Gustafson seconded, the motion to unanimously recognize the importance of high technology industries to the local, state and national economies; to recognize the beneficial impact of international trade and competition on the economic growth and development of Minnesota's technology-intensive industries; to strongly commit to the appropriate utilization of the Unisys Semi-conductor facility; and to commit to facilitating productive investment in the Unisys facility, and warmly welcome the important contribution that investment in the facility would make to both the local community and statewide economic growth. All voted in favor. COUNCIL DISCUSSION There was discussion regarding the trail plowing policy. Councilmember McCrea felt the Council should not revisit the matter. Councilmember Egan agreed. City Administrator Tom Hedges informed the Council there would be an executive session after the Council meeting regarding threatened litigation. Councilmember Wachter asked for a status report regarding the tree ordinance. City Administrator Tom Hedges replied that the ordinance was on hold pending John Voss' recuperation. Councilmember Egan informed the Council of a public hearing which was scheduled for December 6, 1989 to consider the Seneca project at the State Senate hearing. EAGAN CITY COUNCIL MINUTES November 21, 1989 Page 9 Councilmember McCrea asked if all letters from citizens were put in personnel files. City Administrator Tom Hedges replied yes. Councilmember McCrea remarked that the training of public officials was crucial in such matters as the Inver Grove Heights' situation. Councilmember McCrea had concerns regarding transitional housing and felt the City should not start warehousing people. She felt the City should help people become self-sufficient. Councilmember McCrea felt the police department needed cultural sensitivity training. CHECKLIST Wachter moved, Gustafson seconded, the motion to approve the checklist dated November 21, 1989 in the amount of $483,744.69. All voted in favor. ADJOURNMENT Wachter moved, McCrea seconded, the motion to adjourn the November 21, 1989 City Council meeting at 8:25 p.m. to the Executive Session. All voted in favor. CITY OF EAGAN Do's VanOverbeke, City Clerk