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02/06/1996 - City Council Special flew Ng MINUTES OF A SPECIAL MEETING OF THE fil EAGAN CITY COUNCIL Eagan, Minnesota February 6, 1996 A special meeting of the Eagan City Council was held on Tuesday, February 6, 1996 at 5:00 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter,Masin and Hunter. Absent was Councilmember Awada. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, City Attorney Jim Sheldon, Parks and Recreation Director Ken Vraa, Utilities Supervisor Wayne Schwanz,and Civic Arena Director Todd Burkart. REVIEW CIVIC ARENA DRY FLOOR PROGRAM Parks and Recreation Director Vraa handed out information on sponsoring the Minnesota Valley Home, Garden and Leisure Show. Councilmember Wachter questioned whether these are the best dates, noting it is the opening weekend of fishing. Mayor Egan expressed a concern about having the city sponsor this. Councilmember Masin concurred, noting that no other city has done this. Parks and Recreation Director Vraa noted that other convention cities sponsor events, but he isn't aware of other cities sponsoring this particular event. Councilmember Masin asked whether this is a one-time event, and Parks and Recreation Director Vraa responded that if it is a money maker, they would like to continue to sponsor it. Councilmember Masin asked what would be the most the city could lose on this and Civic Arena Director Burkart indicated the most the city could lose is $2,500. After some discussion, the consensus of the Council was to go ahead with this event. HYDRANT USE POLICY • Director of Public Works Colbert noted that the city has been contacted by builders, developers, contractors and business owners requesting permission to connect to a city fire hydrant for a temporary supply of water. He noted that city code does not allow this and asked whether the Council would like him to prepare a code amendment and policy to allow use of hydrants by private individuals. He reviewed other cities that allow this type of use and instances where people would have a need for this type of use. Councilmember Wachter indicated a concern about abuse of this type of use. Mayor Egan noted there is a potential for damage to the meter. Councilmember Wachter suggested a deposit be paid for use of the hydrant. Mayor Egan asked whether there have been any exceptions made in the past. Utilities Superintendent Schwanz indicated there have been exceptions, mainly when there were a lot of complaints about dust. Councilmember Hunter indicated that allowing this would provide another service to our customers. He feels the city should allow it if it is reasonable and can cover costs. Mayor Egan stated he doesn't favor changing the ordinance because he feels there are very few instances where it would be needed. Councilmember Wachter concurred. Councilmember Masin noted that there was an instance where trees were dying and people couldn't use the hydrant to water the trees. Considerable discussion followed, and the consensus of the Council was to change the code to allow the use of hydrants with appropriate fees and put it on the Council agenda for approval. GENERAL DISCUSSION Administrator Hedges reviewed the issue of giving money to the Caponis for an art park. He noted this issue was raised during the discussion of CDBG funding for the AIDS hospice and other cities giving S money for that facility. Another question that arose was what grounds can be used to turn down a Comprehensive Guide Plan change for Carriage Hills. tn EAGAN SPECIAL CITY COUNCIL MINUTES; FEBRUARY 6, 1996 • PAGE 2 City Attorney Sheldon noted that the city was required by the state legislature to prepare a comprehensive plan in 1976. The plan was adopted in 1983; however, the city had its zoning ordinance before the comprehensive guide plan. The guide plan acknowledged that there existed a number of conflicts between the two. However,state law states that the city is prohibited from rezoning land in conflict with its guide plan or from permitting activity in conflict with the guide plan, and also that if the city amends its guide plan and it results in a conflict with its zoning, it must be rezoned within nine months to eliminate the conflict. In 1985,partly in response to a lawsuit,the legislature amended the law to provide that zoning takes precedence over the comprehensive guide plan where there are conflicts between the two. He noted that in 1995, the legislature revisited the law and removed the provision that zoning classifications supersede the comprehensive guide designation. The law now requires that if the comprehensive guide plan is in conflict with the zoning ordinance,the city must bring the zoning ordinance into conformance with the plan. It also states that a city cannot adopt any official control rezoning that is in conflict with the comprehensive plan. He noted that with respect to decisions on comprehensive guide plan changes, there must be a rational basis for the Council's decision;the decision must be based on health, safety and welfare; and the reasons must be articulated in the record. He noted that the creation of zoning districts is a legislative function of the city. One of the issues involved with this decision is whether this would constitute a taking. He reviewed what constitutes a taking and indicated he doesn't feel it applies here. He noted the decision to get into the golf course business becomes a proprietary function. Using a regulatory function to further a proprietary function creates a perception problem. He noted that receipt of the analysis from Effective Golf Course Systems prior to the land use • change can only be viewed by the "losing party" as prejudiced. Discussion followed concerning the implication of the preliminary report. Administrator Hedges suggested that the report not be distributed prior to the time the land use decision is made. Councilmember Hunter concurred,and added that staff shouldn't see it either. Community Development Director Reichert added that there are people in the community who feel that the land use issue should be separate from the municipal golf course issue. Mayor Egan asked about neighborhood concerns regarding burden on schools, police and fire services and infrastructure. He feels the people who purchased property in this area had reasonable expectations that this would remain a golf course and they have legitimate concerns about property values. City Attorney Sheldon reviewed the issue of process. He feels the joint meeting with the Advisory Planning Commission is an excellent use of resources, but he is concerned about not following regular process. Councilmember Hunter noted that in the past, applicants have gone before the APC, heard their concerns, changed their plan and came to the Council with a modified plan and got it approved. The applicants for the Carriage Hills property should have that opportunity as well. Councilmember Wachter expressed a concern about setting a precedent. Mayor Egan pointed out that there have been public hearings outside of city hall before. There have also been joint meetings with commissions. Councilmember Hunter suggested the applicants could be asked at the meeting whether they would like the Council to make a decision that night or at the next meeting. City Attorney Sheldon noted that the Planning Commission may not make a decision that night. The City Council may not make a decision either. The reason for the public hearing in front of the Advisory Planning Commission is to have them make a recommendation, have the Council reflect on the recommendation, and make a decision. Administrator Hedges suggested that Mark Miller and the Mayor should moderate the public hearing and make an announcement at the beginning of the public hearing giving all of the possible scenarios. Councilmember Hunter indicated he would like to have both public hearings at the same time. Community Development Director Reichert noted that they must be out of the church by 11:00 p.m. She • EAGAN SPECIAL CITY COUNCIL MINUTES; FEBRUARY 6, 1996 PAGE 3 • suggested that the Council be at the public hearing, but make their decision at a regular meeting. The Council wouldn't have to hold another public hearing. Councilmember Hunter stated he feels the time could be controlled. Mayor Egan indicated it would have to be made clear that interested parties have their chance to speak at the Advisory Planning Commission. Community Development Director Reichert noted that she feels the main issues are a balance in housing stock and acreage devoted to open space and whether it fits into the city's vision. She noted that an Environmental Impact Statement can be requested if they get 500 signatures, which could be very costly. Mayor Egan addressed the element of trust. People want the decision made as soon as possible. City Attorney Sheldon reviewed the zoning history of this property, noting the zoning was requested by the owner in 1962. The township changed the zoning to non-profit golf course. He doesn't know if that was at the request of the owner. There is some confusion as to whether it is zoned Public Facility or Non-Profit Golf Course. The current golf course is non-conforming under the Non-Profit Golf Course zoning. Perhaps the zoning should be changed to allow a profit making golf course. The consensus of the Council was to hold the joint meeting and give the public an expectation as to how long testimony will be heard. Discussion followed concerning how to schedule the evening. At 6:25 p.m., the meeting was suspended until after the regular Council meeting. At 10:30 p.m., the work session was reconvened. (Councilmember Awada was present for this portion of the meeting.) City Attorney Sheldon reviewed the law regarding municipalities making contributions to non-profit organizations such as the Caponi Art Park and the AIDS hospice. The reason the city can make a contribution to the AIDS hospice is because CDBG funds are federal dollars and fall under federal guidelines. The money is actually coming from the Dakota County HRA and the city determines how it will be designated. He reviewed the chronology of what has happened since 1990 relative to establishing a foundation for the Caponi Art Park. He noted that several Council members attended the National League of Cities conference in Phoenix, and brought back information relative to the City of Phoenix dedicating 5% of public works projects for art. The City of Eagan has no authority to do that. He reviewed how the Walker Art Museum gets funded, noting they have special legislation that allows that type of funding. He indicated he found a statute in the economic development portion of the statute that could allow this type of contribution. The law says that municipalities can appropriate money for an artistic organization and can be used for programs. Discussion followed. Councilmember Hunter suggested the Council wait to see what Tony Caponi comes up with. Councilmember Wachter concurred. Councilmember Awada noted that funding programs would involve less money than buying land. After more discussion, the consensus of the Council was to fax the law to Tony Caponi's attorney and have the City Attorney contact him. The meeting adjourned at 10:55 p.m. DLP February 6, 1996 I. ./ `. M. irk ' • , Date City Clerk 4111