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02/25/1997 - City Council Special 00060 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota February 25,1997 A special City Council meeting was held on Tuesday, February 25, 1997, in the Community Room of the Eagan Municipal Center Building. Those present were Mayor Egan and City Councilmembers Awada, Blomquist and Wachter; City Councilmember Masin arrived at approximately 5:20 p.m. Members of the Advisory Planning Commission that were present included its Chair Carla Heyl, Steve Burdorf, Mark Miller, Peggy Carlson, Larry Frank and Kurt Augustine. Staff members that were present included Director of Public Works Colbert, Senior Planner Freese, Associate Planner Dudziak, Senior Planner Ridley, Chief Building Official Reid, Assistant to the City Administrator Hohenstein and City Administrator Hedges. TRUCKING COMMITTEE REPORT City Administrator Hedges stated that the City Council directed a trucking study be done to determine appropriate land use for trucking in the spring of 1996. He further stated that the policy regarding trucking was prepared for consideration in the fall of 1996, followed by several community meetings that included residents, local corporations and representatives of the trucking industry. He stated that the Planning Commission is looking for guidance from the City Council on how to proceed with the trucking study given the findings and report they recently filed with the Council. Advisory Planning Commission Chair Carla Heyl reviewed several policy issues the Planning Commission considered during the development of the draft trucking policy and the conclusions that were drawn from the public input process during the last 3 to 4 months. Chair Heyl requested direction from the City Council as to what responses should be pursued by the APC. She also noted that the process undertaken by the APC has made everyone keenly aware of the transportation challenges facing the City. Mayor Egan began to review the responses identified in the APC subcommittee report. A discussion ensued regarding item B. North Park. Jack Hoeschler, representing Dart Transit, stated that his client is concerned about the City's proposal to develop North Park and then require a different level of water quality treatment for the pond located in the proposed North Park. He stated that the cost to business developing adjacent to North Park could be much higher. He further stated that if there is no residential adjoining North Park, would the City consider a different water quality status to satisfy industrial development adjacent to the proposed North Park. Mr. Hoeschler further stated that it might be more practical to have residential construct berms to buffer sound to the adjacent industrial park. City Councilmember Wachter stated that he is questioning whether the City should proceed with ownership of North Park due to the questions being raised about soil contamination and degradation of water quality caused by adjacent industry. APC member Burdorf stated there are no conclusions offered in this report, instead recommendations. City Council member Masin stated that the water quality should be as good in this location as other water areas in the City. Mayor Egan asked for the functional classification of the pond. Director of Public Works Colbert responded, stating the pond should be upgraded to an achievable status. City Councilmember Blomquist stated that she is not convinced that the water body can meet a recreational intent. City Council member Wachter said that the only reason the City is considering the acquisition of North Park is the tax forfeiture caused by Borchert Ingersoll. Councilmember Awada stated that the park is proposed for Bur Oaks and other residential users in northeast Eagan. Mayor Egan stated that each of the policies recommended in the Trucking Committee findings be analyzed and discussed for the appropriate direction by the Council. He stated that responses C and D regarding buffering and sound mitigation appear to be reasonable steps and that they should be pursued further. Special City Council Meeting Minutes February 25, 1997/Page 2 00061 APC Chair Heyl stated that residents along Yankee Doodle Road feel that appropriate buffers have not been provided as a part of the beautification and sound abatement for that roadway. Jack Hoeschler stated that Dart will propose a business park for the 80 acres adjoining Yankee Doodle Road at the general intersection with Lexington Avenue. He also responded to Mayor Egan, stating that they will drop residential for that site and stay with the original plan which includes a business park. He further stated that there is no grading of the corner lots at Yankee Doodle and Lexington Avenue proposed at this time. Mayor Egan stated that many of the issues relative to traffic, roadway enhancements and general transportation along Trunk Highway 55/149, Yankee Doodle Road and Trunk Highway 13 should be shared by the County and State. He further stated that the role of the City is unclear as it relates to County and State highways. Director of Public Works Colbert stated that the City is often a sounding board for County and State highways that become congested. He stated that MnDOT will not initiate roadway improvements, especially if they are development driven. He stated that if they are development driven they will not finance the improvements. Mayor Egan summarized the transportation improvement responses identified in the APC report are on target and stated that the City Council appears to be in agreement with those points. City Council member Blomquist stated that it has been the City's experience and history in working with MnDOT that the state will limit access to state highways so efforts will need to balance funding opportunities that limit access on roadways with local access needs. John Young stated that approximately one percent of the state budget is for transportation which includes roads, metro bus and park trails. He further stated that priorities need to be readdressed in the entire metro area. City Councilmember Masin also emphasized the need for funding and agreed with Mr. Young regarding the prioritization and transportation needs. Economic Development Commission Vice Chair Julie Stackhouse appeared and stated that the Economic Development Commission would like to have the opportunity to review the trucking study from the perspective of the industry's impact on the City's economic development. The Council concurred that this would be useful provided that it be concurrent with the remainder of the APC work. APC Chair Heyl stated that performance standards for zoning and noise setbacks need to be determined to eliminate and reduce incompatibilities. She further stated that the committee fully endorses the importance of trucking to the community. City Councilmember Blomquist stated that it is important that traffic patterns be addressed as a part of the overall Trucking Committee, especially as they relate to roadways such as Lone Oak Road between Trunk Highway 13 and Pilot Knob Road. Chair person Heyl stated that the issue of Lone Oak Road and the routing of trucks to other roads such as Mendota Heights Road has been underestimated. She stated that it is very apparent that traffic can impact land use decisions. Director of Public Works Colbert responded to Councilmember Blomquist, stating that the County will not post Lone Oak Road to restrict truck traffic. Mayor Egan stated that this is the real heart of the issue; specifically stating that transportation and where trucks can be routed and located in the City. City Councilmember Awada stated that she feels a responsibility to inform businesses as to what they can and can't do so that the trucking industry and the City both understand the rules. John Young stated that the original policy prepared by staff would be too difficult to enforce stating that flexibility is important with any ordinance. He further stated that there are no cities that have a trucking ordinance. Ron Harris spoke to his parcel, stating that he would like direction on how his property can be developed. He further stated that he has lost a sale because the process to develop industrial property in northeast Eagan adjacent to 149 is too difficult. Gary S., representing Dart Transit, agreed with Mr. Harris and stated that an answer is needed, however, a logical solution is important to resolve the land use and transportation regulations. Special City Council Meeting Minutes February 25, 1997/Page 3 OH062 City Councilmember Awada stated that the City should determine within a couple of months a list of alternatives and recommendations so a policy is established for trucking. She further stated that both business and residential deserve some direction by the City regarding a trucking policy. APC member Miller stated that he would like a policy for the City of Eagan regardless of whether other cities have considered or have a policy to regulate trucking. If this is an important issue to the City of Eagan, the Advisory Planning Commission and Council have an obligation to the citizens to have a good policy. APC member Frank stated that he is concerned about setbacks and would want a trucking committee policy to be fair in that regard. APC member Burdorf emphasized the same point, agreeing with Mr. Frank. APC member Carlson stated that signal lights alone can make a difference as well as road improvements. Mayor Egan stated that all the policy suggestions in the report from the Trucking Committee were given review and he commended the APC and business community and residents who have been a part of the Trucking Committee process. He stated that in two months the City Council and Advisory Planning Commission will meet and further discuss the trucking committee policy. City Administrator Hedges stated that specific alternatives and recommendations will be prepared and presented for an April 29 workshop as stated by Mayor Egan. CONSIDERATION OF RIGHT-OF-WAY MANAGEMENT POLICY/ORDINANCE City Administrator Hedges stated that for the past year, the City Councils of Eagan and Burnsville along with the Telecommunications Commission have discussed the pros and cons of local government managing its public rights-of-way. He further stated that given the fact the City has been contacted by Brooks Fiber, who is proposing the installation of fiber optic cable in Eagan and a loop in the northem industrial park area, policy issues pertaining to rights-of-way management need direction by the City Council. City Administrator Hedges made reference to a memo as prepared by Assistant to the City Administrator Hohenstein that provides background and seven policy issues that need direction if the City is to proceed ahead with an ordinance at this time. Assistant to the City Administrator Hohenstein provided a few brief comments on the various policy issues. City Council member Blomquist stated that it was her opinion that the City should move ahead with the draft ordinance at this time stating that private installation of lines in rights-of-way do create some health, safety and welfare concems that need to be regulated by the City. City Council member Wachter stated that he also is in agreement with the policy issues as drafted and would propose that an ordinance be drafted for consideration. City Councilmember Awada stated that she is not opposed to some regulation, however, would prefer that state law provide a common authority for all rights-of-way so that individual cities do not have to adopt ordinances that may be conflicting to private industry. Tom Creighton, counsel for the Telecommunications Commission was present and stated that it appears to be uncertain at this time whether there will be legislation adopted that will in fact provide the basis for a model rights-of-way ordinance. He stated that a model ordinance has been prepared by the League of Minnesota Cities and is ready for implementation and agreed that it would be advantageous to all cities and private industry if the state would adopt the model ordinance as drafted. Assistant to the City Administrator Hohenstein stated that the City could adopt the model ordinance prepared by the LMC and, as a result, if the City is challenged, the League could assist in the defense of their model ordinance. He further stated that if the ordinance is not ready for cities to adopt, the City of Eagan could adopt an ordinance that is close to the model ordinance at this time. Mr. Creighton also explained that each city that adopts the model ordinance could still have their own policies to address fees and other matters. City Councilmember Blomquist stated that if a fee is charged it should only cover actual cost and not subsidize property taxes. City Council member Masin stated that she agrees with most of the points except for the responsibility for accurate mapping and plant relocation removal of abandoned facilities. She had questions regarding both of those policy recommendations. Assistant to the City Administrator Hohenstein responded to both issues providing a response to City Councilmember Masin. Special City Council Meeting Minutes February 25, 1997/Page 4 00063 City Councilmember Awada stated that it is her recommendation that the City adopt the LMC model ordinance and recommend that the state legislature adopt the ordinance as presented. She also suggested that the City consider a conservative fee schedule with the emphasis that the fees are only proposed to recover actual costs such as maintenance of a road that is disturbed due to a utility crossing. Mayor Egan thanked the staff for providing a thorough text on the right-of-way management issues and summarized the direction to the City Administrator that the LMC model ordinance be prepared for City Council adoption, that the City's legislative delegation be contacted to support a state wide model ordinance and, finally, that a policy regarding fees be proposed to recover actual costs for right-of-way management. TIF DISTRICT/LONE OAK ROAD AND HIGHWAY 55 City Administrator Hedges stated that staff has been meeting with a group of developers who would like to purchase and construct four buildings on vacant property located at the northwest comer of Lone Oak Road and Trunk Highway 55. Assistant to the City Administrator Hohenstein provided background on the project stating that it offers opportunities to begin the redevelopment activities anticipated when the district was created. He said that development on this parcel would generate funds for activities elsewhere in the district as well. He further stated that staff needs direction on who should proceed with the relocation and acquisition of the homes on the north side of Lone Oak Road. Assistant to the City Administrator Hohenstein explained that Lone Oak Road will be widened and as a part of that project those homes could be relocated. Director of Public Works Colbert stated that there will be an open house on April 10 and one of the alignments shows the homes being relocated and there is a question by staff as to whether the homes should be acquired by the developer, the TIF district or the County as a part of the project. The City Council stated that staff should move forward with the developer and the County on the acquisition of the Lone Oak homes affected by the project and the Lone oak Road expansion. In addition, the Council directed staff to offer up to the statutory maximum of 10% of the increment generated by the project for qualified non-redevelopment costs. TIF DISTRICT/IMRE PROPERTY, AIRLINER AND SPRUCE MOTELS Assistant to the City Administrator Hohenstein discussed plans to remove the Airliner and Spruce Motels as a part of a potential redevelopment of the area by the Kor family, owners of the hotels. He further explained plans the Imre family has to construct an office building on property north of the present Airliner Motel location. City Administrator Hedges stated that there is master plan needed for the entire area which includes Blue Gentian Road and all property generally described as laying between Blue Gentian Road, Trunk Highway 149 and Highway 55. Public Works Director Colbert stated that by developing a master plan there could be a phasing for the relocation of homes adjacent to the Airliner Motel, Blue Gentian Road and a better job could be done designing an overall transportation plan for that commercial industrial area. City Council member Awada stated that she was in agreement with a master plan and redeveloping the area, however, the City should not buy the property for more than it is worth. Mayor Egan stated that he also was in agreement that a global approach is most desirable to the whole area. The Council concurred that the property owners should coordinate their proposals, that the site be master planned and that TIF funds could be used to implement the plan and, if the applications are not received in a timely manner or approved, staff should move forward with the removal of the Airliner and Spruce buildings. 1997 WORK PROGRAM City Administrator Hedges stated that the 1997 work program was presented at the January 28 City Council workshop and, due to time restrictions and the absence of City Councilmember Awada, much of the discussion was delayed until this workshop. Mayor Egan suggested that the City Council provide Special City Council Meeting Minutes February 25, 1997/Page 5 oa(}.64 direction to the City Administrator and staff on each of the fifteen goals that were outlined in the City Administrator's work program memo dated January 9. City Councilmember Awada stated that in her review of the memo several goals have been accomplished which is a credit to the staff and Council. After review, it was determined that all the goals would be pursued with the understanding that the community vision process would be reviewed with Carl Neu during the retreat and that neighborhood meetings would correspond with the Comprehensive Guide Plan update. There was also some discussion regarding noise mitigation with the understanding that the City will continue to monitor the noise and implement the legislative policy according to the direction given in January. There was also a suggestion by City Council member Masin that the City prepare a code of ethics for operations and to check with the League of Minnesota Cities for copies of policies. City Council member Awada stated that an important goal is to complete the D-II study during the next several months. City Councilmember Masin stated that during the recent youth summit there was much interest expressed by students from Eagan High School for a teen center. City Councilmembers discussed the concept of a teen center stating that there are no dollars budgeted for programming or facility space available for a teen center. Chief of Police Geagan stated that a teen center under the name Jukebox was run privately in the old Jerry Lewis Theater building and there were a number of police calls regarding drugs, gangs and other related problems. City Councilmember Masin stated that the youth are asking for a place to gather and meet and would like to at least study the concept and approach the ministerium or other groups to see if there is any common interest in finding a location for teenagers to gather. City Councilmember Blomquist stated that she is interested in reviewing the Parks and Recreation budget in detail as stated at a recent City Council meeting and asked that this be added as a part of the 1997 work program. Mayor Egan thanked the City Administrator for providing the work program outline as a method of organizing and reviewing the Council's goals. SPECIAL CITY COUNCIL MEETINGS City Administrator Hedges stated that he is recommending special City Council meetings on March 4 for the purpose of reviewing the status of the Mighty Ducks grant application and March 17 to meet with the Parks, Recreation and Natural Resources Advisory Commission to review various issues they outlined in recent correspondence. In a motion by City Councilmember Wachter, seconded by Councilmember Blomquist, with all members voting in favor, special City Council meetings were scheduled for Tuesday, March 4 at 5:00 p.m. and Monday, March 17 at 5:00 p.m. There being no further business, the meeting was adjoumed at approximately 8: 15 p.m. February 25, 1997 Dated ~ '" City Clerk . - . TLH