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11/01/1994 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 1, 1994 A regular meeting of the Eagan City Council was held on Tuesday, November 1, 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 Mayor received a proclamation from M.A.D.D. and asked that It be added as a consent agenda item. He also asked that a policy regarding attending community events be discussed under the Administrative Agenda. He also noted an executive session is needed following the regular Council meeting. Wachter moved, Masin seconded a motion to adopt the agenda as amended. Aye: 5 Nay: 0 MINUTESF OCTOBE18 7994 AEGUtAFt MEETING Awada moved, Wachter seconded a motion to approve the minutes of the October 18, 1994 regular Council meeting as presented. Aye: 5 Nay: 0 ER 18, t994 SPEOlI M*E..n iM!lNUT S O OCT013, Wachter moved, Awada seconded a motion to approve the minutes of the October 18, 1994 special Council meeting as presented. Aye: 5 Nay: 0 M....[..N....C.~..T...E....S......tF t CTO....B....E...R 11' ....1.. 9. 9...4...;.V.......E..:.C...IIA...[.....M.....E...E...T....IN...:G Awada moved, Hunter seconded a motion to approve the minutes of the October 11, 1994 special Council meeting as presented. Aye: 5 Nay: 0 VISITORS TO ICE HEARD There was no one wishing to speak under this section. DDEPARTM£NT HEAD:BUSINESS Councilmember Wachter gave a copy of the latest issue of Governing magazine to Administrator Hedges to pass on to the Fire Chief relating to fire equipment. He indicated he would like to have the amount of individual taxes that are a result of fiscal disparities to be printed on tax statements. Administrator Hedges indicated he will check into it. C NSENT AGENDA In regard to Item A, Personnel Items, Councilmember Wachter asked where the Youth Development Pre-School Assistants will be working. Administrator Hedges responded they will be working at the Wescott Square facility. He also asked how many Community Service Officers the city currently has and how many are authorized. Police Chief Geagan responded that they currently have one, and are advertising to fill the remaining two openings. In regard to Item C, Award Bid/Police Department/Lockers & Benches. Councilmember Wachter asked whether a savings was realized with rebidding. Assistant to the Administrator Hohenstein Indicated that the original bids did not meet specifications. These do meet specifications, but came in slightly higher. EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 2 In regard to Item D, Recommendation, Solid Waste Abatement Commission, Moratorium on Issuance of Additional Residential Hauling Licenses, Councilmember Hunter questioned what rights this moratorium would preserve for current haulers. Communications Coordinator Foote responded that a recent state statute requires that any time organized hauling is being considered, that a consortium needs to be developed consisting of all currently licensed haulers. They are trying to limit it to the haulers currently licensed. After an explanation on how the consortium works, Hunter concurred with the moratorium. Terry Davis, a member of the Solid Waste Abatement Commission, concurred with the recommendation and indicated they would like more clarification as to the amount of time and effort the Council wants them to devote to this issue. Discussion followed concerning the time frame and reasons for wanting the Commission to look at this. The consensus was that the moratorium is needed. In regard to Item I, Resolution to Consider Legislation Allowing Acquisition of Borchert Ingersoll Prooerty, Councilmember Wachter requested an explanation. Administrator Hedges indicated they were notified that this property has gone tax forfeit. It was felt it would be an opportunity to land bank some property for a potential athletic complex or park property. Councilmember Hunter added that this is just asking Dakota County to pursue legislation. It is not committing to anything. A. Personnel Items: Item 1. It was recommended to approve the hiring of Beverly Griffin as a Youth Development Pre-School Assistant and Carla Crumble as a Youth Development Alternate Pre-School Assistant. Item 2. It was recommended to approve the hiring of Camelia Bakow as a Clerical Technician III in the Engineering Division. Item 3. It was recommended to approve the hiring of John Serier as a Community Service Officer. Item 4. It was recommended to accept the resignation of Liz Korbein, Clerical Technician III in the Parks and Recreation Department. Item 5. It was recommended to approve the contract between the City of Eagan and the Center for Urban and Regional Affairs, University of Minnesota, for a Planning Intern. B. Plumbers' Licenses. It was recommended to approve the plumbers licenses for Easter Plumbing, Mueller Plumbing & Heating and Peterson Plumbing & Heating as presented. C. Award Bid/Police DepartmentfLockers & Benches. It was recommended to award Bid Division 18 for lockers and benches to Primary Equipment in the amount of $39,000 as presented. D. Residential Hauling License Moratorium. It was recommended to approve a moratorium on the issuance of additional residential or combination commercial-residential refuse collection licenses for a period of one year. E. Correction to July 19. 1994 Minutes. It was recommended to correct the minutes of the July 19, 1994 Special City Council meeting as indicated. F. Utility Billing Shut-Off Policy. It was recommended to approve, in concept, the changes to the utility billing system and direct staff to prepare the appropriate City Code amendments. G. Special Use Permit/Bill Brabec. It was recommended to approve the special use permit, subject to the following conditions: 000- 01 ki EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 3 1. The permit is temporary and shall expire January 1, 1994. 2. All signage will require a sign permit and be subject to the one-time sign fee of $2.50/sq. ft. 3. The permit shall be subject to all applicable Code requirements. H. Receive Bids/Award Contract (Red Pine Lane). It was recommended to receive bids for Contract 94-17, with Alternate #1, award the contract to Ryan Contracting, and authorize the Mayor and City Clerk to execute all related documents. 1. Resolution/Borchert Ingersoll Property. It was recommended to approve the resolution for acquisition of the Borchert Ingersoll tax forfeit property as described. R-94.84 J. Ordinance Amendment/Non-Conforming Structures and Uses. It was recommended to approve the ordinance as presented. K Ordinance Amendment /interim Use Permits. it was recommended to approve the ordinance as presented. L Ordinance Amendment/Special Permits. It was recommended to approve the ordinance as presented. M. Cigarette/Service Station Licenses. It was recommended to approve the cigarette licenses and service station permits for the Fina stores located at 3150 Dodd Road, 4250 Lexington Avenue and 1286 Lone Oak Road as presented. N. Maintenance Agreement/Police Department Communications. It was recommended to approve the maintenance agreement between the City of Eagan and Electro-Com Communications Systems as presented. 0. Receive Feasibility Report/Order Public Hearing (Duckwood Estates - Streetlights). It was recommended to receive the feasibility report for Project 676 and schedule a public hearing to be held on December 7, 1994. P. Contract 94-18. Approve Specifications/Authorize Advertisement for Bids (1995 Sealcoat). It was recommended to approve the specifications for Contract 94-18 and authorize advertisement for a bid opening to be held at 10:00 a.m. on Tuesday, November 8, 1994. 0. Special Hunting Permit/Robert K. Sandeen. It was recommended to approve the special bow hunting permit as presented. R. Special Hunting Permit/Stephen L. Huettl. It was recommended to approve the special bow hunting permit as presented. S. Special Hunting Permit, Kevin McGrath. It was recommended to approve the special bow hunting permit as presented. T. Special Hunting Permit. Daniel Mason. It was recommended to approve the special bow hunting permit as presented. U. Special Hunting Permit. Todd J. Olson. It was recommended to approve the special bow hunting permit as presented. 0(K EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 4 V. Special Hunting Permit. Tim Folkerts. It was recommended to approve the special bow hunting permit as presented. W. Special Hunting Permit/Vincent LaCroix. It was recommended to approve the special bow hunting permit as presented. X. Special Hunting Permit/Gregory J. Arens. It was recommended to approve the special bow hunting permit as presented. Y. Proclamation. MADD Monday. It was recommended to approve the proclamation. R-94.85 Wachter moved, Masin seconded a motion to approve the consent agenda as presented. Aye: 5 Nay: 0 C>yA#iItGS FINAL ASSESSMENT HEARING/BLUE CROSS ROAD STREETS & TRAILWAY Mayor Egan Introduced this item as the final assessment hearing for Project 646, Blue Cross Road Streets & Trailway. After a brief introduction, Public Works Director Colbert noted that one of the six affected parcels is city park; the remainder is Blue Cross Blue Shield property. Mayor Egan then opened the public hearing. There being no one wishing to speak, Mayor Egan closed the public hearing. Awada moved, Masin seconded a motion to close the public hearing and adopt the final assessment roll for Project 646 and certify any unpaid amount to Dakota County. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/DODD ROAD STREETS & TRAILWAYS Mayor Egan introduced this item as the final assessment hearing for Project 659, Dodd Road Streets & Trailways. Administrator Hedges noted that an objection letter was received today from Gordon Schramm. Public Works Director Colbert explained the location and project, noting Mr. Schramm's letter was the only objection received. Mayor Egan then opened the hearing to public testimony. Gordon Schramm, residing on Dodd Road, indicated he requested that his home be one of the homes appraised, and the appraiser didn't show up for the scheduled appointment. He wanted to know why. City Attorney Sheldon indicated he wasn't able to speak with the appraiser, so he is unable to respond. He noted he will be contacting the appraiser to determine why he didn't keep the appointment. He explained the procedure used for doing appraisals to determine benefit. He noted that the appraisals are prepared for purposes of court proceedings, and the results are given to the City. The actual appraisals are privileged and are not released unless a court proceeding results. He noted that four appraisals were done out of 13 parcels, which represents approximately 30% of the project. He is confident it is a fair representative sample. Mr. Schramm expressed his disappointment that the actual appraisal are not available to the public or the Council. Considerable discussion followed concerning the appraisals and assessment procedure. Councilmember Hunter indicated he concurs with the confidentiality of the actual appraisals. Mayor Egan suggested Mr. Schramm discuss these issues with staff. City Attorney Sheldon Indicated he will contact Mr. Schramm. Councilmember Masin requested an explanation as to why the appraiser didn't keep the appointment. Mayor Egan noted that the assessment amount has been reduced due to the appraisals and bid results. Some discussion followed concerning whether the Council can look at the appraisals without making them public. EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 5 Robert Heddle, 4462 Dodd Road indicated he is having a problem with drainage from the trail going into his front yard since the project was completed. A member of the city's consulting firm responded that the trail drains towards the street. Unless the city wants to redesign that part of the project, he doesn't know of anything else they can do. Public Works Director Colbert asked Mr. Heddle if he has a suggestion he wants the city to pursue. Mr. Heddle indicated his concern is that if there is a big rain, he will be flooded. Public Works Director Colbert stated a field observation is needed for this area to determine the extent of the problem. He noted that it is the city's intention to not create a drainage problem. If that is the case, the city will commit to any corrective action necessary. Heide Schiela indicated she objects to her assessment and asked whether her property was appraised. Public Works Director Colbert stated he believes it was. Ms. Schiela stated she doesn't feel the bike trail improves her property. Public Works Director Colbert noted she wasn't assessed for the bike trail. More discussion followed concerning the appraisal process. Ms. Sheila indicated she has a safety concern about the bike trail being so close to her horse fence. She was told her fence would be replaced. A representative of MSA noted that her fence is barbed wire. He suggested it be replaced with a woven wire fence. It is included in the bid price, but hasn't been done yet. Don Pawlenty turned in his objection letter, noting it has been difficult to get answers to his questions from city hall. He expressed concerns about the site distance and proximity of the trail to his house, getting his fence put back up, and damage to his building. There being no one else wishing to speak, Mayor Egan closed the hearing to public comment. He noted that the City is absorbing 94.1 % of the costs of this project. He added that due to favorable bids, the assessments were reduced. Councilmember Awada stated she feels the majority of the problems with this project were with public relations. Councilmember Hunter concurred, suggesting there be a customer complaint data base on a per project basis. Discussion followed concerning customer service and complaint tracking. Hunter moved, Wachter seconded a motion to close the public hearing and approve the final assessment roll for Project 659 and authorize its certification to Dakota County. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/WILDERNESS RUN 1-4 ADDITIONS STREET REHABILITATION Mayor Egan introduced this item as the final assessment hearing for Project 660, Wilderness Run 1-4 Additions Street Rehabilitation. Administrator Hedges noted that one additional objection letter was received from Robin L. Miller. Public Works Director Colbert explained the location, project and assessments. He indicated they received one objection letter from David Sutliff. He noted that it was discovered that one lot was subdivided and split among the adjacent parcels. He reviewed the four options available to the Council as to how to modify the assessment roll. He indicated that he met with the Millers today regarding their concerns, and they were satisfied. After some discussion concerning the Millers concerns, Mayor Egan opened the hearing to public testimony. David Herbst, 4360 Garden Trail, questioned the special assessments policy and how the percentage is determined. He also wanted to know why it doesn't come out of taxes instead of assessing for it. Mayor Egan explained the city's policy. He noted the city absorbs a certain cost, and only assesses that cost that directly benefits the adjacent properties. Mr. Herbst asked whether reconstruction costs are determined differently than the original construction. Mayor Egan indicated that the original construction is entirely assessed. Mr. Herbst then asked why such a high percentage of the costs were absorbed by the city in the Dodd Road project. Public Works Director Colbert responded that Dodd Road is a neighborhood collector, so the assessments are determined differently. He explained the differences between assessing for a collector street versus a neighborhood street and how the assessments for this project were 0o EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 6 determined. Mr. Herbst asked whether this policy is common for cities. Public Works Director Colbert Indicated that upon doing a survey, this appears to be the mean average in the metropolitan area; however, each city is different. Some discussion followed concerning the assessment process. Councilmember Hunter noted the city uses a process that is cost effective and fair. Councilmember Awada concurred, noting that it keeps taxes down. She noted that the City of Eagan's property taxes are in the bottom 10-15% of metro area cities. There being no one else wishing to speak, Mayor Egan closed the hearing to public comment. Wachter moved, Awada seconded a motion to close the public hearing, adopt the final assessment roll for Project 660 and authorize its certification to Dakota County; and that Lot 6, Block 2 be deleted from the final assessment roll with its share being financed by the City's Major Street Fund. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING/ENGLERT ROAD STREETS & UTILITIES Mayor Egan introduced this item as the final assessment hearing for Project 647, Englert Road Streets & Utilities. After a brief introduction, Public Works Director Colbert explained the project and assessments, noting he has received no objections to the assessments. Mayor Egan then opened the hearing for public testimony. There being no one wishing to testify, Mayor Egan closed the hearing to public comment. Hunter moved, Awada seconded a motion to close the public hearing and adopt the final assessment roll for Project 647 and authorize its certification to Dakota County. Aye: 5 Nay: 0 NEW BUSINES'S SALE OF CITY PROPERTY/RAY CONNELLY Mayor Egan Introduced this item as sale of city property in the Southwest Quarter of Section 23. Hunter moved, Wachter seconded a motion to declare approximately 1.1 ares of PID #10-02300-031-54 as surplus public property; initiate a subdivision of this parcel in order to facilitate the sale of the one acre portion; and authorize the City to enter into a purchase agreement with Ray Connelly for the surplus parcel at a price of $3.00 per square foot with all assessments paid. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION/VANTAGE POINT Mayor Egan introduced this item as the preliminary subdivision for Vantage Point - Remo Caponi for the Northeast Quarter of Section 27. After a brief introduction by Administrator Hedges, City Attorney Sheldon stated there is some litigation involved with this subdivision and advised the Council to proceed with consideration of this plat, and depending upon the action of the Council, discuss what action the Council wishes to take relative to the court action. Community Development Director Reichert gave a staff presentation, explaining the location and history of this request, noting that the Caponi's submitted a proposal for access off of Diffley Road; however, they are requesting approval of their original plat with access through the park. She noted that Dakota County prefers to limit access onto Diffley Road and therefore prefers that the access come through the park. S. Todd Rapp, attorney for the Caponi's, stated the applicant's position is that the writ of mandamus compels the City Council to issue the certificate of preliminary plat and that there is nothing further for the Council to consider. Considerable discussion followed concerning whether access should come through the park or onto Diffley Road. The length of the cul-de-sac with access through the park was discussed at length; as well as liability and snow removal issues if access goes through the park; the problems of noise, lighting and privacy with access through the park; and safety issues associated with allowing access directly onto Diffley (ULj EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 7 Road. Councilmember Wachter expressed his opposition to having access through the park due to the potential problems it would create. Councilmember Hunter stated he supports access through the park because it Is the safest way for people in this development to get out onto Diffley Road. He doesn't favor having more traffic through the park, but it isn't that much more traffic and it will only affect the summer months. The marketability of this development was discussed, as well as the limitation of not being able to close off the park In the winter. Councilmember Awada expressed her concern that if access is allowed through the park, it limits the city's flexibility for the park property. Mayor Egan disagreed on that point, and stressed the seriousness of having another access onto Diffley Road. Councilmember Masin noted the park will affect this development tremendously, and expressed a concern about liability. Councilmember Awada stated she thinks it Is bad to allow single family housing at this location and doesn't think the Council should make it worse by putting the access through the park. After more discussion, Hunter moved, Egan seconded a motion to approve the preliminary subdivision for Vantage Point, subject to the nine conditions set forth In the minutes of the Planning Commission. Aye: 2 Nay: 3 (Awada, Masin and Wachter opposed.) Awada moved, Wachter seconded a motion to direct the City Attorney to prepare findings of fact to present to the Council for denial of the Vantage Pointe subdivision. Aye: 3 Nay: 2 (Egan, Hunter opposed.) City Attorney Sheldon raised the issue of the appeal, noting that the issue the city is appealing is the court's determination of when the 120 day period started. Awada moved, Wachter seconded a motion to direct staff to proceed with the appeal of the writ of mandamus filed by the Caponi's. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT/GENE STINAR Mayor Egan introduced this item as a Conditional Use Permit for Gene Stinar for the Southeast Quarter of Section 8. Community Development Director Reichert gave a staff report explaining the request and five year improvement plan. She noted the Planning Commission would like to see a more complete landscaping plan for the front and side of their property. Gene Stinar expressed a concern about the lot combination agreement. He indicated he understands the need to combine the lots if a new building is added, but doesn't understand why they would need to do it if it is just for parking. It will cost them a substantial amount in capital gains tax to transfer that parcel into the corporation. He would be willing to sign a statement agreeing not to sell one lot without the other if that is acceptable to the city. Community Development Director Reichert noted that it is a zoning code requirement that parking isn't allowed on a free standing lot. Some discussion followed as to how this could be resolved without having a large financial impact on the company. Mayor Egan stated he would like to keep that requirement in place, and agreed to continue to work with him to minimize the impact. Councilmember Wachter asked what the Council can do if the company doesn't adhere to their five year improvement plan. Community Development Director Reichert indicated the Council could revoke the Conditional Use Permit. This is his good faith pledge that he will complete these improvements. She noted Stinar Corporation is a long-term Eagan business and is important to the community. Councilmember Hunter stressed that a five year phase in is a long time and he doesn't want to see this be a precedent. Some discussion followed concerning when concrete curb and gutter will be installed. Wachter moved, Masin seconded a motion to approve a conditional use permit for Stinar Corporation to allow outdoor storage of vehicles and equipment on Lots 4 and 5, Block 2, Sibley Terminal 003& J1 EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 8 Industrial Park, located west of Sibley Memorial Highway and east of Terminal Drive, subject to the following conditions: 1. The applicant shall combine the two lots at the Dakota County Auditor's Office within 60 days. 2. The applicant shall record this Conditional Use Permit at the Dakota County Recorder's Office within 60 days. 3. The applicant shall submit plans for review and complete the following improvements in the time period listed: 1994 - Conditional Use Permit for outdoor storage, lot combination, landscaping along Highway 13, complete grading and pond excavation, restore disturbed areas with ground cover plantings, and add crushed concrete base to lower loading area. (Area 1) 1995 - Building expansion and connection to City water service for tap water, sprinkling of buildings, and exterior fire hydrants. Also a revised landscape plan. (Area 2) 1996 - Bituminous overlay and curbing for drive/parking areas on north, east and west sides of building and partial storm sewer system construction. (Area 3) 1997 - Bituminous surfacing and curbing of upper staging/storage area and complete construction of storm drainage system. (Area 4) (This storm sewer system will include five catch basins to collect site runoff, a length of storm sewer pipe to convey the runoff to the on- site pond, and an outlet from the pond to the existing storm sewer system in Terminal Drive.) 1998 - Bituminous surfacing for employee parking area (southeast of building, min. 80 spaces) and landscaping along the south property line. Also at this time the owner can better determine if there is a need for future building expansion and how that relates to surfacing the employee parking. (Area 5) 1999 - Bituminous surfacing for lower loading area and landscape screening of area from Terminal Drive. (Area 6) Aye: 5 Nay: 0 CONDITIONAL USE PERMIT AND VARIANCE/TRIPLE S INVESTMENTS Mayor Egan introduced this item as a Conditional Use Permit and Variance for Triple S Investments for the Northeast Quarter of Section 15 for a pylon sign for Big Wheel Rossi. Administrator Hedges noted that the Planning Commission conducted a public hearing on this and recommended denial of this conditional use permit. Community Development Director Reichert gave a staff report on this, explaining the location and request. She pointed out the locations of the various signs in Town Centre 70 and Town Centre 100 Additions, and noted the applicant is proposing to move a sign from Lexington Avenue just north of the daycare center to the Big Wheel Rossi site. The concern is that because it is not known how that area will develop, a sign may be needed at that location at a later date. The Planning Commission also noted that when the Valvoline site developed, it was known that another building would be located adjacent to the site. The opportunity for a combination sign was available, but overlooked at the time. Q~Vel EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 9 Martin Colon noted that in the process of developing this planned development, they reduced by approximately half the number of signs they were eligible for under the 300' separation requirement. It is impossible to space the signs any farther, and a combined sign is not available to Big Wheel Rossi. He noted they will be developing a restaurant proposal near the theater site, and it is their intention to propose a combined pylon sign, even though they are allowed two. Therefore, there will be no net gain in pylon signs along Yankee Doodle Road. Councilmember Masin asked about building signage. After some discussion, it was discovered that building signage is allowed on the north side only. Councilmember Hunter suggested the pylon sign could be denied, but amend the building signage. He feels 300 feet is too close for pylon signs, but also feels it Is vital that the business succeed and he doesn't think it will if a building sign is only allowed on the north side. Mr. Colon stated he doesn't feel that having additional building signage will help due to existing landscaping. Some discussion followed concerning development to the south. Councilmember Masin stated she doesn't think it is appropriate to place a sign there. Community Development Director Reichert suggested that if the Council approves this sign, it not be put in brick face as proposed. The Planning Commission felt a pole would be more appropriate. Hunter concurred. Mayor Egan asked about the possibility of ground signage. Mr. Colon responded that because of the topography, to get any visibility, it would have to be a pylon sign. Councilmember Masin questioned how much visibility Is needed for this type of business. Most customers going to this type of store have a particular place in mind. Mr. Colon responded that statistics show that pylon signs increase business. Mayor Egan stated he feels they will have a competitive disadvantage by not having this sign. Awada concurred. Councilmember Hunter noted that a lot of businesses have been coming in after the fact requesting non-conforming items, and he doesn't like that. Other Council members concurred. After more discussion, Egan moved, Awada seconded a motion to approve a conditional use permit and variance to allow a pylon sign mounted on a pole on Outlot A, Town Centre 100 - 13th Addition, subject to the condition that all rights for additional signs at the Mann Theatre/Red Robin Restaurant location are removed by the granting of this sign. Aye: 4 Nay: 1 (Hunter opposed.) GISIL"Ve f tNTER0.0 RNMENTAL AE AIi UADAT A.M.M. PROPOSED CHANGES TO 1995 LEGISLATIVE POLICIES AND PRIORITIES Administrator Hedges collected Council members' priorities for proposed changes to legislative policies. Councilmember Wachter noted that fiscal disparities is his main priority. DAKOTA COUNTY PARTNERSHIP Councilmember Wachter reported on a meeting of the Dakota County Partnership he attended recently. He noted he is impressed with the way it is set up; however, a lot of the things they are proposing to do are what is being asked to be done by Eagan's Chamber of Commerce and Economic Development Partnership. He feels it is somewhat of a duplication and suggested the Council consider this when membership is being considered. Discussion followed. i4C1t[STRAV AGIDA Mayor Egan expressed a concern about the size of the administrative agenda, noting that because it comes so late, It doesn't give Council members much time to digest the information. He feels the administrative agenda should only include time sensitive items and the rest left for the next agenda. He asked that more discretion be used in placing items on this agenda. .Yh -1 S-1 1-t OZ?K( EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 10 Massage Therapy Ordinance. Administrator Hedges requested clarification on amendments made by the Council relative to the massage therapy ordinance. After some discussion, Hunter moved, Awada seconded a motion to amend the minutes of the October 4, 1994 meeting on page 12, by striking "B" from the first amendment to the massage therapy ordinance discussion. Aye: 5 Nay: 0 Eagan Historic Farm Evaluation. Administrator Hedges noted that the Council considered this previously; however, some questions have now been answered relative to the Holz Farm, so it was decided to bring It back to the Council to see If they would like to reconsider their decision. The Parks Department also did an analysis of the farm sites available in Eagan. If the Council wants to preserve one of these sites, it Is important to pursue these soon before they become developed. Lee Markell, chair of the APRNRC, noted that the commission supports the preservation of a farm site and the Holz farm. He feels there would be a lot of support for this concept in the community. Councilmember Hunter noted he originally didn't feel It was fiscally responsible to pursue this; however, there are more and more foreign visitors coming to this area, and he feels it would be a great tourist attraction. With the increase of convention and visitor business, he feels the city should pursue this if it can be obtained at a good price. Mayor Egan concurred. After a review of the various sites available, Awada moved, Wachter seconded a motion to direct staff to do preliminary negotiations for acquisition of the Holz farm. Aye: 5 Nay: 0 Gift Policy. After explaining the ethics legislation, Administrator Hedges noted that upon speaking with the City Attorney, he proposed that when Council members want to attend an event, that they let Administration know and a letter will be drafted to that organization explaining the legislation and requesting a bill. If Council members deem it to be public relations and important to attend as an elected official, the city will pick up the cost. If It is questionable, Council members can attend and pay for it themselves. Hunter moved, Wachter seconded a motion to accept this policy regarding gifts until such time as the policy is clarified by the legislature. Aye: 5 Nay: 0 Authorize Water Shut-Off/Meter Change-Over Program. Public Works Director Colbert explained the water meter change-over program, and noted that there are 11 homes where a number of notices have been sent and no response has been received. He would like Council authorization to shut off water at these locations If no response is received to the final notice. Councilmember Masin noted she spoke with the Superintendent of Utilities regarding this and he indicated to her that they will be trying to personally contact these people this weekend. She suggested that the city should just let it go until the project is finished and then deal with it. Councilmember Wachter stated he feels if someone gets four notices and they don't respond, a more forceful approach is needed. Councilmember Masin referred to the Finance Director's memo that it puts employees in an awkward and possibly dangerous position when they turn the water off. After some discussion, Masin moved, Egan seconded a motion to continue this to the next meeting. Aye: 4 Nay: 0 (Wachter abstained.) Project 673R. Approve Resolution Requesting MnDOT Cost Participation (T.H. 3 (c Red Pine Lane Intersection). Wachter moved, Awada seconded a motion to approve the resolution. Aye: 5 Nay: 0 Councilmember Awada questioned the name of Red Pine Road, noting she thought the road was to be named after the school. She feels that is important. Public Works Director Colbert stated if the Council wants to change the name of the street, it should probably be done before people move in there. Administrator Hedges suggested they contact the school district to see when the school will be named. R-94.86 Review Truck Restriction on Dodd Road south of Cliff Road. Public Works Director Colbert noted that this issue has been raised by several residents of south Dodd Road. He is unaware of any resolution on this, and the Police Department has indicated the restriction is unenforceable. He identified four options EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 11 the Council can pursue. Councilmember Wachter suggested they use T.H. 3. Public Works Director Colbert Indicated the developers of that subdivision have stated they will try to do that; however, there are times that they can't, and those times result in complaints. When he gets these complaints, he doesn't know how to respond to them. Councilmember Awada asked why it is unenforceable. Public Works Director Colbert stated they would have to ticket all trucks, including garbage trucks, delivery trucks, etc., or it is considered selective enforcement. After some discussion, the consensus of the Council was to leave the No Truck signs in place, recognizing it is unenforceable, and find out how much it would cost to replace the signs with a specific weight restriction and contract with the County Sheriff and Highway Department for enforcement using portable scales. Vacate a Portion of Public Right-of-Way (Center Street/Trails End Road). Receive Petition Order Public Hearing. Wachter moved, Awada seconded a motion to vacate a portion of Center Street (Trails End Road) and schedule a public hearing on December 7, 1994. Aye: 5 Nay: 0 ROUNDTABLE Public Works Director Colbert noted a correction to the date of the bid opening on the 1995 sealcoat bids that was on the consent agenda. He noted the date should be November 8. Wachter and Masin accepted the correction as a friendly amendment to their motion. Mayor Egan reminded Council members that there will be an Executive Session following this meeting. Councilmember Wachter asked what happened to the junk mail collection that was being considered by the Solid Waste Abatement Commission. He noted that he received information that Aagard Sanitation Is still operating as a transfer station. Mayor Egan reported on a meeting he attended with Councilmember Wachter called "Common Good/Common Ground", noting that there was a lot of misinformation being given out at that meeting. They were constantly correcting information being given that was incorrect. The information given was provided by Myron Orfield and was anything but objective. He stressed that all suburbs are not alike and that information needs to be conveyed to the public. Councilmember Masin indicated she experienced the same thing at the housing conference she attended recently. CHECK REGIS... TER Wachter moved, Egan seconded a motion to approve the check register dated October 27, 1994 In the amount of $2,028,009.93. Aye: 5 Nay: 0 ANOU.RNMMENT There being no further business to discuss, the meeting adjourned to an Executive Session at 10:56 p.m. DLP November 1, 1994 Date City Clerk 0614 EAGAN CITY COUNCIL MINUTES; NOVEMBER 1, 1994 PAGE 12 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.