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04/04/1995 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 4, 1995 A regular meeting of the Eagan City Council was held on Tuesday, April 4, 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. Wachter moved, Awada seconded a motion to adopt the agenda. Aye: 5 Nay: 0 Councilmember Hunter requested a change on page 6, paragraph 2, by adding the language The applicant stated the urgent need for the City to take action on this item by the end of the month", and that the words "approving this" be changed to "pushing this through In just a few days". He also requested a change on page 7, paragraph 3, to state that he spoke with City of Burnsville "councilmembers". Hunter moved, Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES >O 3Ci <>1:995 PEPO >MM NA Wachter moved, Masin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 IAPONO A Administrator Hedges noted that due to activity In the legislature this week, the legislators were unable to attend the meeting tonight. He has Invited them to attend the next Council meeting. Council member Hunter indicated he spoke with Representative Pawlenty about legislation that would give the comprehensive guide plan precedence over zoning, which has the effect of giving the authority of zoning to the Met Council. This is part of the push for regionalization that is occurring. He relayed the city's concern about this to Representative Pawlenty. Mayor Egan noted that at the last A.M.M. meeting, it was decided to form a task force to study the whole Issue of urban revitalization. The task force met on March 30 and he was one of the participants. The result was support for a mixture of the Mondale and Pawlenty legislation. There was a solid consensus that there will be no more robbing the rich to pay the poor. They signed a letter that will be sent to the legislative delegation and they hope it will be persuasive. Councilmember Masin reported on some committee meetings she attended regarding the opt-out legislation. She also reported on a meeting she had with four Metropolitan Council representatives regarding this Issue, Indicating they seem to be supportive. t l' of AN : St' 3. U U k A" Ann Carlon, of the Convention and Visitors Bureau, handed out their new promotional piece and gave a report on the activity of the Convention and Visitors Bureau. Councilmember Wachter presented some information to the Parks and Recreation Director about mulching mowers, indicating he feels some money could be saved by using these. Parks and Recreation Director Vraa Introduced Paul Olson, the city's new Park Superintendent. EAGAN CITY COUNCIL MINUTES; APRIL 4, 1995 PAGE 2 fi€3NEN''4CirN1 In regard to Item G, Project 638R. Approve Extended Work Hours. Yankee Doodle Road Reconstruction. Councimember Wachter expressed a concern that this Is being done ahead of the bid. In regard to Item K, Preliminary Subdivision and Rezoning. Ridgecliff Woods. Councilmember Wachter noted that additional trees will not be lost due to reconfiguration. In regard to Item M, Approve Work Program. On-Site Septic System Regulations. Councilmember Wachter stated he feels this should have been done years ago. In regard to Item P, Adopting the 1994 Uniform Building Code. Councilmember Wachter Indicated the building code has been vague, and he is glad these changes are being made. In regard to Item 0, Tempgrary Seasonal Uses. Councilmember Hunter questioned the action to be considered. Community Development Director Reichert noted there was a typographical error, and the correct action Is In the staff memo. In regard to Item R, Billboard Ordinance. Councilmember Wachter stated he feels this Is two signs, and he concurs with staff Interpretation. In regard to Item I, Final Subdivision. Pines Edge 2nd Addition. Jim Stanton, of Shamrock Develop- ment, expressed a concern that he doesn't feel they can meet two of the conditions dealing with the removal of a private easement. He would like to see it removed, but can't force them to give it up. He requested that they remove these conditions. After some discussion, staff agreed to waive these two conditions. In regard to Item F, Traffic Signal Agreement. T.H. 149 and Yankee Doodle Road. Public Works Director Colbert noted a correction that the estimated cost is $127,000, and the estimated city cost Is $32,562.50. A. Personnel Items Item 1. It was recommended to approve the hiring of Paul Olson as the Superintendent of Parks. Item 2. It was recommended to approve the hiring of Christopher Thomas as an MIS Intern. Item 3. It was recommended to approve the hiring of Rochell Maier as the Part-time Property Room Technician. Item 4. It was recommended to approve the hiring of Cheryl Stevenson as a temporary clerical worker In the Parks and Recreation Department. Item 5. It was recommended to approve the hiring of Stanley Schneider and Mark Shippee as seasonal forestry technicians. Item 6. It was recommended to approve the hiring of David Jungers as a seasonal extended operations crew leader. Item 7. It was recommended to approve the hiring of Ben Anderson as 'a Skilled Seasonal Street Maintenance Worker. Item 8. It was recommended to accept the letter of resignation from Julie Kaufman-Boom, part-time Receptionist at the Municipal Center. 00c"53 EAGAN CITY COUNCIL MINUTES; APRIL 4, 1995 PAGE 3 B. Plumbers Licenses. It was recommended to approve the plumbers licenses for K & K Heating & Plumbing and Mid-City Mechanical, Inc. as presented. C. Request for Public Hearing /Certification of Delinquent Utility Bills. It was recommended to set the public hearing for May 2, 1995. D. Massage Therapist License. It was recommended to approve the massage therapist license for Claudia Jean Rece Ernst. E. Tree Maintenance Contractor License. It was recommended to approve a tree maintenance contractor license for Henning, Rohde & Associates, Inc., subject to receipt of required Insurance and certification documents. F. Project 638R. Traffic Signal Agreement. T.H. 149 and Yankee Doodle Road. It was recommended to approve agreement #73365 and authorize the Mayor and City Clerk to execute all related documents. G. Project 638R. Extension of Normal Construction Work Hours. Yankee Doodle Road Reconstruction. It was recommended to extend the permitted hours of construction operation to allow work to be performed from 6:30 a.m. to 8:00 p.m. on the above-referenced contract. H. Vacation of Drainage and Utility Easements. Birch Street. Wescott Garden Lots. It was recommended to receive a petition to vacate drainage and utility easement as described in Torrens Document #105586 filed September 4, 1979, and schedule a public hearing at 7:00 p.m. on May 2, 1995. 1. Final Subdivision/Pines Edge 2nd Addition. It was recommended to approve the Final Subdivision for Pines Edge 2nd Addition, waiving the two conditions relating to a private easement. R-95.18 J. Final Planned Development and Final Subdivision: Town Centre 100 Fifteenth Addition - Red Robin Restaurant. It was recommended to approve the final planned development and final subdivision as presented. • R-95.19 K Preliminary Subdivision and Rezoning: Ridgecliff Woods. James M. Waters. It was recommended to approve a rezoning of three acres from Ag to R-1, single family; and to approve a preliminary subdivision of eight lots located on 4.3 acres located south of Cliff Road and east of Lenore Lane. L Waiver of Subdivision. Frank Rechtzigel. It was recommended to approve a waiver of subdivision for P.I.D. #10-02100-011-50, separating five acres from 31.83 for individual ownership located in the SW 1/4 of Section 21, south of Deerwood Drive and west of Deerwood Middle School, subject to the following conditions: R-95.20 1. No building permit, grading permit, or other permit required to develop or to construct any structure upon the property shall be issued unless the property Is first platted. 2. The property shall be subject to all subdivision regulations in effect at the time of platting. 3. The proposed property division drawing and description shall be revised to provide a minimum 30' building setback between the shed and the south boundary line. 4. The proposed property division drawing and description shall be revised to Incorporate a 20 foot easterly shift of the northwest point of the 5 acre parcel. M. Approve Work Program. On-Site Septic Systems Regulations. It was recommended to approve a schedule for implementation of an on-site wastewater systems regulatory program. 00 063 EAGAN CITY COUNCIL MINUTES; APRIL 4, 1995 PAGE 4 N. Resolution for Grant Submission. North Park. It was recommended to approve the resolution as presented. 0. Approve Bid for Irrigation Supplies, Lexinaton-Diffley Athletic Fields. It was recommended to award the Irrigation equipment supply contract to M.T.I. In the amount of $62,183.32. P. Ordinance Change to Adopt Uniform Building Code. It was recommended to approve an amendment to Chapter 4, Section 4.01, regarding new provisions of the Minnesota Building Code. 0. Temporary Seasonal Uses. Concur with Staff Direction. It was recommended to concur with staff direction to approve administratively certain temporary outdoor sales In retail areas and to Initiate appropriate amendments to the Zoning Code to regulate temporary or seasonal outdoor sales. R. Billboard Ordinance. Concur with Staff Interpretation. It was recommended to concur with staff interpretation that a billboard sign may have two sides, but the sides must be either parallel or at a reasonable V angle with the sides intended to be read from different vantage points. Wachter moved, Hunter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 H1:G VACATE DRAINAGE & UTILITY EASEMENTS LOTS 1 AND 2, BLOCK 2, PRETTYMAN HEIGHTS ADDITION After Introductions by Mayor Egan and Administrator Hedges, Public Works Director Colbert gave a staff report on this project. Mayor Egan opened the public hearing, but since there was no one wishing to speak, he turned discussion back to the Council. Hunter moved, Awada seconded a motion to dose the public hearing and approve the vacation of drainage and utility easements as described. Aye: 5 Nay: 0 Hunter moved, Awada seconded a motion to remove Condition #2 from preliminary plat approval for Prettyman Heights 2nd Addition, relating to the capping of existing sanitary sewer service and turning off the water service, as required by Council action of February 7, 1995. Aye: 5 Nay: 0 1XV WILKINSON CONSTRUCTION, INC. REZONING AND SITE PLAN REVIEW After Introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report on this project. Councilmember Hunter stated he feels that some flexibility Is warranted in this case. He wouldn't want to grant a variance for 100 lot subdivisions, but when looking at odd comers, he feels variances are appropriate If they are dealt with carefully and sensitively. Awada moved, Wachter seconded a motion to approve a rezoning from R-4 to R-3 for Lots 1 and 2, Block 2, Wescott Hills Revised 2nd Addition. Aye: 5 Nay: 0 Awada moved, Hunter seconded a motion to approve the site plan for two townhouse buildings located on Lots 1 and 2, Block 2, Wescott Hills Revised 2nd Addition with the following variances: .1. Lot 1, Block 2: a variance of 9.75 feet to the required 30 foot side yard setback and 11 feet to the required 30 foot rear yard setback. 2. Lot 2, Block 2: a variance of 10 feet on the west property line, 20 feet 6 Inches to the east property line, and a 2.4% variance from the maximum 20% buildable area. Aye: 5 Nay: 0 ooh EAGAN CITY COUNCIL MINUTES; APRIL 4, 1995 PAGE 5 CONDITIONAL USE, MARRIOTT MANAGEMENT SERVICES TO ALLOW ON-SALE LIQUOR FOR LOT 1, BLOCK 1, COMSERVE NO. 1 After Introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report on this, noting they would only be serving liquor at private catered special events. Councilmember Hunter raised a concern about using up a liquor license just for special events. Discussion followed concerning the number of liquor licenses available, the various categories of liquor licenses, and the cost for the license. Hunter moved, Masin seconded a motion to approve a conditional use permit to allow on-sale liquor service at the River Park Office facility, subject to the following conditions: 1. Conditional Use permit shall be subject to the Issuance of a valid liquor license. 2. No liquor shall be sold, served or otherwise provided in the River Park Office Building except for private catered, scheduled events. Aye: 5 Nay: 0 ON-SALE LIQUOR LICENSE, RIVER PARK - MARRIOTT CORPORATION Hunter moved, Masin seconded a motion to approve the on-sale liquor license for the Marriott Corporation at River Park, leaving the remaining three liquor licenses undesignated. Aye: 5 Nay: 0 MORATORIUM ON THE SITING OF ADULT-USE ESTABLISHMENTS After Introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a brief staff report on this. Hunter moved, Awada seconded a motion to approve the amendment to Chapter 11 of the City Code placing a moratorium on the siting of adult use establishments within any zoning district, and directing a study to be conducted. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT, MARK REMICK TRUCK TERMINAL After Introductions by Mayor Egan and Administrator Hedges, Community Development Director Reichert gave a staff report on this, noting a question has come up concerning the exterior building finish. They would have to change their site plan to comply with the new ordinance. Joe Christianson, representing Mark Remick, indicated that according to his Interpretation, the building Is in compliance with the ordinance. He noted this project will eliminate a non-conforming use. He added that the applicant would like to request that the rear portion of the building not be required to be blacktopped. After some discussion, Community Development Director Reichert noted that this building as proposed does not meet the code. She added that other businesses in that area are being told that they must bring their properties up to code. Councilmember Hunter stated he feels the intent of the ordinance Is to exclude sheet metal. Councilmember Awada concurred. Mayor Egan asked whether the applicant would be willing to phase in the paving over a period of time. Mr. Christianson indicated the applicant may be able to do it in 2-3 years. Councilmember Hunter stated that whether the applicant was In compliance before Is not relevant to this at all. This is a new application. The City has bent the rules on redevelopment projects, but never on new applications. He feels it would be precedent setting. He feels it meets the Intent of the code to require 75% of the exterior not be metal material, and he doesn't feel the city should bend the rules on the parking lot paving. They are already violating the code with their proof of parking requirement. He does not favor phasing In the paving. OP G EAGAN CITY COUNCIL MINUTES; APRIL 4, 1995 PAGE 6 Counciimember Wachter noted that the Remicks have been Eagan for a long time, and he would be willing to bend the rules a little on the parking lot. He would not go along with an exception to the building material. Counciimember Awada concurred that the Council should not allow the metal building material. Councilmember Hunter indicated that if the Council does bend the rules, he wants to make sure the rear parking Is paved within two years. Hunter moved, Wachter seconded a motion to approve a conditional use permit for a truck terminal on Lot 7, Block 2, Sibley Terminal Industrial park, subject to the conditions recommended by the Advisory Planning Commission, with the understanding that the parking area in the rear of the building must be paved within two years of the date of approval. City Attorney Sheldon noted that this appears to be a disagreement between the applicant and the Council as to the Interpretation of the ordinance regarding exterior building materials. He feels that either an agreement needs to be reached as to the interpretation, or the language needs to be clarified so there Is no basis for any reasonable disagreement on the interpretation. Discussion followed. Public Works Director Colbert expressed a concern that if the rear area Is not paved, it presents water quality and erosion Issues in the storm drainage system. It may require some pretreatment ponding. More discussion followed concerning the siting and appearance of the building, and whether the proposed materials would be allowed under the ordinance. Councilmember Awada stressed that everyone needs to be treated the same and feels it is unfair to make exceptions. Mr. Christianson Indicated the applicant would be willing to comply with staffs Interpretation of the ordinance on the side of the building facing the street. Councilmembers indicated that would not be acceptable. Mr. Christianson also noted that their purchase agreement expires on April 15. After more discussion, Councilmember Hunter withdrew his motion. Mayor Egan noted that it appears that the city faces an ambiguity with regard to exterior building materials. It could create risk for the community and open themselves up to a challenge on this ordinance. Under these circumstances, he feels this should be continued until the ordinance can be further reviewed. Community Development Director Reichert noted that when this ordinance was drafted, they looked at ordinances from neighboring communities, and this building could not be built In those cities. She added that when she meets with developers and tells them what the Council's rules and regulations are, these variances make it very difficult to administer. If this is allowed, she would like some good rationale as to why it was approved, so she knows what to tell future developers as to why this variance was granted. After more discussion, Hunter moved, Wachter seconded a motion to continue this for two weeks. Aye: 5 Nay: 0 Some discussion followed concerning water quality. Gtsf~A E/tN ?v R ti T il t r Administrator Hedges indicated that the lump sum Increase In pension for the volunteer firefighters was turned down by the Pension Committee. He added he testified on the Borchert Ingersoll legislation before the House Environmental and Natural Resources Committee and It passed. It will be appearing before the Senate committee this week. Counciimember Hunter Indicated he feels school board elections and city elections should be held in the same year. It would save a lot of money. Discussion followed. I Councilmember Wachter Indicated he does not favor any additional billboards In the city. City Attorney Sheldon noted that Chris Leach dismissed his assessment appeal on the Diffley Road project. ~~r ,.6.-,., 0( 11 aiw EAGAN CITY COUNCIL MINUTES; APRIL 4, 1995 PAGE 7 Administrator Hedges reviewed the proposed settlement agreement on the Jeska workers compensation case. He noted it is nearing settlement and needs Council action. Awada moved, Hunter seconded a motion to accept the proposed settlement as presented. Aye: 4 Nay: 0 (Wachter abstained.) Administrator Hedges presented a letter drafted to the City of Inver Grove Heights regarding the joint powers agreement between the cities of Eagan and Inver Grove Heights. He Indicated he recently foamed that there are no plans by the City of Inver Grove Heights for the extension of Yankee Doodle Road, which Is very vital to our community. He asked whether the Council feels it should be made a part of the joint powers agreement deliberation and discussion. Public Works Director Colbert also raised the Issue of providing utilities to any new development In that area, indicating the city needs to ensure that that development doesn't overburden the existing streets, parks, ponds, etc., and noted the City of Inver Grove Heights is reluctant to go into a partnership of dual approval. After considerable discussion, the Council concurred that the City Administrator write a letter to Inver Grove Heights stating their position. Administrator Hedges reviewed the new format for Council packets, and several suggestions were made. Mayor Egan referred to a letter from the Girl Scouts regarding the wading pool to be Installed by the Civic Arena, and asked the City Administrator to respond to the letter. Councilmember Hunter suggested that the open issues list be divided Into three categories, such as high priority, low priority, and routine items. Councilmember Awada noted the Council subcommittee met with the Caponis today, and a memo will be forthcoming on the meeting. P 199m" Wachter moved, Egan seconded a motion to approve the check register dated March 31, 1995 In the amount of $1,947,366.78. Aye: 5 Nay: 0 Wachter moved, Egan seconded a motion to adjourn at 8:54 p.m. Aye: 5 Nay: 0 Dip April 4, 1995 Date N"A C iy'10 erk 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.