Loading...
1991-02-19 City Council Minutes MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota February 19, 1991 A regular meeting of the Eagan City Council was held on Tuesday, February 19, 1991, at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Gustafson, McCrea, and Pawlenty. Also present were City Administrator Hedges, Community Development Director Dale Runkle, Director of Public Works Tom Colbert, and City Attorney James Sheldon. The following changes were recommended to the agenda for the February 19, 1991 regular City Council meeting: Item E, Consent Agenda, Amendment to Development Contract, Woodlands North Addition. Add the following additional action: 'and a 30-day extension for the final plat." Item B, Public Hearings, Project 571, Final Assessment Hearing (Cray Addition - Trunk Storm Sewer). Request to continue to the March 5, 1991, regular City Council meeting. Add to the end of the meeting: Review of Blackhawk Park Plans. Pawlenty moved, McCrea seconded, a motion to approve the agenda for the February 19, 1991, regular City Council meeting as amended. Aye: 5 Nay: 0 Councilmember Gustafson recommended the following addition to page 6, paragraph 1, sentence 9, add the word "is" between the words "City" and 'ery." Wachter moved, Gustafson seconded, a motion to approve the minutes of the February 5, 1991, regular City Council meeting as amended. Aye: 5 Nay: 0 EPA EI T HEAD.. E PARKS & RECREATION DEPARTMENT/CHANGE NAME OF ADVISORY PARKS & RECREATION COMMISSION After Introduction by Mayor Egan, City Administrator Hedges said that the Advisory Parks and Recreation Commission, staff and, to some extent, the City Council, had discussed where the review and discussion of the Water Quality Management Plan were best suited. Mr. Hedges said it appeared it would be appropriate to include water quality with the Advisory Parks and Recreation Commission and it is the recommendation of the APRC and staff that the Commission's name be changed to include 'Natural Resources." Mr. Hedges said 'natural resources' should not Imply more as it would only deal with water quality and water quality analysis relating to parklands, wetlands, and some subdivision proposals. He said it was not intended to include any other environmental issues. Mr. Hedges said it may be necessary during the 1990's, however, to organize a commission to handle the many other environmental issues facing cities. During the commission/committee interviews, Councilmember McCrea said the Council had discussed expanding the role of the Solid Waste Abatement Commission to a proactive rather than a reactive approach. She was concerned that putting an environmental issue under the APRC would lead to an overlap in their functions. The Councilmember said the Advisory Parks and Recreation Commission had Page 2/EAGAN CITY COUNCIL MINUTES February 19, 1991 a full slate of issues as well as other direction from the City Council to possibly study the entire park plan with review and modification if necessary. She said there are a number of excellent members in the Solid Waste Abatement Commission and she would support Incorporation of environmental issues more appropriately into that commission. City Administrator Hedges said there is no question that many environmental Issues will have to be addressed In the near future; however, the natural resources portion of the APRC would be limited to water quality issues only. He said that the City Code presently lists water quality as a Parks and Recreation issue, however, placing water quality with the APRC would not mean it could not change in the future. Director of Parks and Recreation Ken Vraa said APRC members had raised similar questions but tended to define natural resources in terms of water, grass, and forestry aspects but not necessarily the environmental. He said it was the APRC's desire not to get into areas already handled by other commissions. Mayor Egan asked Director of Public Works Tom Colbert if his department was comfortable with the designation. Mr. Colbert said there are a number of ponds in the City that are located either adjacent to and within City parks. He said John VonDeUnde, the Parks Superintendent, is very active in water quality and the new Water Resources Coordinator, Rich Brasch, has been placed in the Parks and Recreation Department. He said water quality seems to be closely tied to that department. Wachter moved, Gustafson seconded, a motion to approve changing the name of the Advisory Parks and Recreation Commission to the Advisory Parks, Recreation, and Natural Resources Commission and to direct staff to draft the necessary code amendment. Aye: 5 Nay: 0 DEPARTMENT HEADS/MISCELLANEOUS ITEMS Councilmember McCrea said she had the honor to be present at the graduation of the 5th grade D.A.R.E. class at Woodlands Elementary. The Councilmember said she was proud to be a part of the graduation and thanked the Police Department and Lions Club for their support of the program. Mayor Egan attended the Deerwood graduation and found it to be even more heartwarming than last year. He said Officer Larry Billmeyer did an excellent job and had great rapport with the students. The Council said the effort our Police Department was putting into this program was outstanding. On another issue, Councilmember Pawlenty asked Cable-Coordinator Mike Reardon If the City was being sued or involved In litigation as a defendant with respect to the Cable Company or cable industry. Mr. Reardon said to his knowledge, the City was not being sued; however, the law firm of Popham Haik, which represents Cable TV North Central had requested information regarding a local access equipment issue. The Councilmember said he had been approached at a meeting recently by an attorney who had asked If the City was being sued by the firm of Popham Haik over a cable issue and he said it had struck him as a conflict issue. City Administrator Hedges said there had been correspondence which could lead the City to believe there may be litigation on a cable issue involving replacement of public access equipment. He said a meeting had been held with the City's Cable attorney last week and a memo to the Council in this regard would be forthcoming but there is no litigation at the present time. Mr. Hedges said the potential conflict of interest on behalf of Popham Haik was being addressed. Councilmember Wachter asked that staff get information out to the public early In the season regarding the implications and ramifications of the types of fertilizers they're buying. Director of Parks and fir it ' u) Page 3/EAGAN CITY COUNCIL MINUTES February 19, 1991 Recreations said the City of Eagan was taking an educational approach telling residents that phosphorous fertilizers are not that necessary to a good lawn. In addition, they are working with local retailers asking them to stock low phosphorous fertilizers on their shelves. He said the next City newsletter will attempt to educate the public and business owners regarding water quality and the use of low or phosphorous-free fertilizers. Councilmember Wachter said he wished to abstain on Consent Item D, Resolution, Airport Relations Committee for New Airport Search Area. He said it hasn't been made dear that there are alternatives to be explored at the present location. He said there are a large number of Eagan residents who work at the airport and moving the airport would have an enormous Impact. He said even If the airport were moved, the present airport would not be shut down. In addition, he said a southern airport location would route traffic through the City requiring additional roads as well as their upkeep. Councilmember McCrea said she supported keeping the airport where it is because of economic development in Eagan. Because it will cost between $10 and $20 million just to research and select a site, the Councilmember said she would prefer to take those dollars, buy up the homes that are Impacted, agree to stay within the corridors, `gift" the cities that are impacted and use those dollars to offset the costs of additional insulation, windows, etc. for those homes affected by airport noise. Assistant to the City Administrator Jon Hohenstein said the resolution as it is presented indicates a City position on relocation or expansion only. He said the position of the resolution is that if the decision in 1996 is to relocate, the advice of the Airport Relations Committee to the City Council is that it will be better for the City of Eagan if relocation is to the south and not to the north. Mr. Hohenstein said he had discussed the issue with Dan Aberg of the Chamber of Commerce and business interests are very much a part of the decision. He said that while the Chamber of Commerce would also support the current location in 1996, they recognize and support the southern location in the relocation track so that If the Legislature moves the airport, all efforts haven't been placed solely behind the present site. Mayor Egan said it is important to identify to the residents exactly what the Council is doing and that is summed up in the last sentence of the packet information which states, "the resolution does not indicate support or opposition to either the expansion or relocation tracks, but rather Indicates Eagan's preference if relocation were to occur.' Mayor Egan said that If relocation does occur, what is being proposed is less economically onerous on the City of Eagan If it is relocated to one of the two sites selected in Dakota County over a site In the northern metro area. He added that Margaret Schreiner, the City's representative to the Metropolitan Council, had met with Dakota County Commissioner Don Chapdelaine and staff on a preliminary basis In an attempt to get. financing and research on some of the issues that deal with the airport issue from an economic and environmental point of view. Councilmember Wachter said he understood the Mayor's comments but did not want the Metropolitan Airports Commission to even think that Eagan was interested in relocation. Councilmember Gustafson said he agreed with the intent of what Councilmembers McCrea and Wachter had said but said the resolution before the Council did not involve either comments and, in his opinion, was entirely separate and an appropriate issue for passage. Councilmember Pawlenty concurred and said there may well be a point where further decisions will have to be made but the resolution was something the Council should endorse and, in his view, did not prejudice the City's options with respect to the issues raised. Page 4/EAGAN CITY COUNCIL MINUTES February 19, 1991 Mayor Egan asked that the resolution accompanying Item F, Gambling License Renewal, Eagan Uons Club, Pull Tabs for Cedarvale Lanes and Valley Lounge be changed to read, "the Eagan Police Department has reviewed the application and has Identified no reasons for denial." A. Personnel Items 1. It was recommended that the hiring of Kathy Gray as a Clerical Technician III in the Eagan Police Department be approved. 2. It was recommended that the vacant half-time Receptionist/Clerical Tech li position Gob share) in the Eagan Police Department be filled. 3. It was recommended that the appointment of Jeff Bahrke, John Bahrke, Chris Grubb, Rob Landgrebe, Dave Lukitsh and Tom Schillinger to active membership in the Eagan Volunteer Fire Department be confirmed. B. Plumbers Licenses It was recommended that the plumbers licenses be approved as listed in Exhibit A. C. Recommendation. Airport Relations Committee. MAC Corridor Task Force It was recommended that the MAC Blue Ribbon Task Force recommendation be approved. D. Resolution, Airport Relations Committee, for New Airport Search Area It was recommended that the resolution pertaining to the new major search area report be approved as presented. (Abstain: Wachter) R-91.6 E. Amendment to Development Contract. Woodlands North Addition It was recommended that the amendments to the development contract for Woodlands North Addition relative to reallocation of special assessments, the advance payment of special assessments under public improvements Projects 589 and 596, and a 30 day continuance for the final plat be approved. F. Gambling License Renewal, Eagan Lions Club. Pull Tabs for Cedarvale Lanes and Valley Lounge It was recommended that 1) the gambling permit renewal for the Eagan Uons Club for Cedarvale Bowl and 2) the gambling permit renewal for the Eagan Uons Club for the Valley Lounge be approved with the recommendation that the second paragraph of the resolution for this Item be changed to read, "The Eagan Police Department has reviewed the application and has identified no reasons for denial." G. Recommendation, Solid Waste Abatement Commission, for Dakota County Long-Term Funding It was recommended that a resolution strongly urging Dakota County to fund local government recycling administration in the Dakota County long-term recycling funding program be approved. R-91.9 Page 5/EAGAN CITY COUNCIL MINUTES February 19, 1991 H. Resolution. Authorizing Condemnation. Project 488. Blackhawk Road It was recommended that a resolution authorizing condemnation of property associated with Project 488 - Blackhawk Road be approved. R-91.10 1. Project 466. Consider Assessment Appeal Settlement Agreements It was recommended that the Stipulation for Settlement Agreement for Lot 4, Carlson Acres, and Parcel 10-01500-050-52 be approved and the Mayor and City Clerk authorized to execute all related documents. J. Project 609. Authorize Feasibility Report (Cliff Road Upgrade) It was recommended that the preparation of a feasibility report for Project 609 (Cliff Road Upgrade) be authorized. K. Authorize Update to Comprehensive Sanitary Sewer Policy Plan It was recommended that the update of the Eagan Comprehensive Sanitary Sewer Policy Plan be authorized. L Amendment, LOGIS Joint and Cooperative Agreement It was recommended that the resolution recommending amendment of the Joint and Cooperative Agreement with LOGIS be approved. R-91.11 M. Final Plat. Town Centre 100 - Eighth Addition It was recommended that the final plat for the Town Centre 100 - Eighth Addition be approved. R-91.12 N. Project 572. Consider Assessment Appeal Settlement Agreement It was recommended that the Stipulation for Settlement Agreement for Parcel 10-02200-011-76 be approved and the Mayor and City Clerk authorized to execute all related documents. Wachter moved, Gustafson seconded, a motion to approve the Consent Agenda with an amendment to the action of Item E, Woodlands North Addition, that would include a 30 day continuance for the final plat. Aye: 5 Nay: 0 (Wachter abstain, Item D.) FINAL ASSESSMENT HEARING EAGANDALE CENTER INDUSTRIAL PARK Mayor Egan introduced this item as Project 574, Final Assessment Hearing, Eagandale Center Industrial Park - Streetlights. 1 J(>. ' Page 6/EAGAN CITY COUNCIL MINUTES February 19, 1991 Director of Public Works Colbert said they had worked very closely with Northwestern Mutual Life Insurance, the petitioner for the Improvements. Mr. Colbert said all costs were within those presented with the feasibility report at the original public hearing held on December 5, 1989, and he was not aware of any objections. Mr. Terry Jacobs of Coca Cola asked whether the project had been completed. Mr. Colbert said it had. Mr. Jacobs then asked a question regarding documents his company had received in regard to the assessments. Mr. Colbert said each document received indicated a legally described parcel that Coca Cola owns and represented individual assessments. Pawlenty moved, McCrea seconded, a motion to close the public hearing and approve the final assessment roll for Project 574 (Eagandale Center Industrial Park - Streetlights) and authorize its certification to Dakota County. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING CRAY ADDITION McCrea moved, Gustafson seconded, a motion to continue the public hearing and final assessment roll for Project 571 (Cray Addition - Trunk Storm Sewer) to the March 5, 1991, regular City Council meeting. Aye: 5 Nay: 0 FINAL ASSESSMENT HEARING COUNTRY HOLLOW 2ND ADDITION Mayor Egan introduced this item as Project 541, Final Assessment Hearing, Country Hollow 2nd Addition - Trunk Storm Sewer. No residents were present who wished to address this issue. Wachter moved, Gustafson seconded, a motion to close the public hearing and approve the final assessment roll for Project 541 (Country Hollow 2nd Addition - Trunk Storm Sewer) and authorize its certification to Dakota County. Mayor Egan said it should be noted that the Project Is well within the feasibility report rates. Aye: 5 Nay: 0 :'.BtJ s~DLD f IIE;Sr'` CITY CODE AMENDMENT/PAWN SHOP REGULATION & LICENSING Mayor Egan introduced this item as an Amendment, Ordinance, Chapter 6, 'Other Business Regulation and Licensing," Section 6.44, "Pawn Shops." Before the Council made a motion to continue the item, City Administrator Hedges said he appreciated City Attorney Sheldon's request for continuance as Mr. Sheldon had found that other communities were considering similar ordinances and thought it advisable to look at all before Eagan adopted pawn shop regulations. Councitmember McCrea said she remained opposed to pawn shops in the City; however, if an ordinance was approved, she suggested that the investigation of the business and personal dealings of a pawn shop applicant should be even more thorough than the investigation for a liquor license. Page 7/EAGAN CITY COUNCIL MINUTES February 19, 1991 McCrea moved, Gustafson seconded, a motion to continue an ordinance amendment to Chapter 6 of the City Code relative to 'Other Business Regulation and Licensing,' Section 6.44, 'Pawn Shops' to the March 5, 1991, regular City Council meeting. Councilmember Pawlenty asked City Attorney Sheldon If no ordinance were in place, whether someone could currently open a pawn shop, In unregulated fashion, In the City?. City Attorney Sheldon said the ordinance before the Council Is a licensing ordinance and If passed, it would be illegal to operate a pawn shop in the City of Eagan without first obtaining a license. He said without that ordinance, the activity of being a pawn broker or operating a pawn shop in the City of Eagan Is not illegal and Is a legitimate business Just like any other business that would be established. In addition, Mr. Sheldon said the location of the business would be determined by the City's zoning ordinance. He said whether a pawn shop would be a permitted use or a conditional use In the zoning ordinance would be a question for Community Development and is something the City Attorney's office would look at. Councilmember Pawlenty said If excluding pawn shops from Eagan Is a consideration, not passing the ordinance would not be the way to go about it. He said a strict ordinance giving a basis to deny a license would seem to give the City more control than it has currently. Mayor Egan said he understood that the ordinance was being continued to allow the City Attorney's office to coordinate research with efforts being made by three or four other municipalities. Again, he said he did not want to adopt and implement policy at the same time and particularly wanted to avoid adopting an ordinance that was somehow custom tailored to what the applicant and his attorney felt was realistic. Mayor Egan said he wanted all research to center on what is best for the City of Eagan In light of what the other municipalities are doing. Aye: 5 Nay: 0 SIDEYARD SETBACK VARIANCE/WHISPERING WOODS THIRD ADDITION Mayor Egan introduced this item as a Variance for John Vogstrom, of 1.5' to the 10' Sideyard Setback Requirement Located on Lot 1, Block 1, Whispering Woods 3rd Addition. City Administrator Hedges said the variance did not require action by the Advisory Planning Commission and had come directly to the City Council. Director of Community Development Runkle said the application was for a variance with access to the property from Slater Road. Mr. Runkle said staff had notified all affected property owners and he understood there was some opposition. A representative of the Carroll's (the homeowners) said the surveyor had positioned the house on the lot and while the house would be within setback requirements at the front, the lot tapers and the house would encroach on the setback at the rear. Mr. Michael Gurley said he lives to the south of where the Carroll's house will be built. He said he was not necessarily opposed to the variance, however, said the house being built was rather big for the lot. Mayor Egan pointed out that a large home would probably be of benefit to the neighborhood. Mr. Chuck Stock, the neighbor to the north, expressed concerns about the home changing the backyard drainage pattern. The Carroll's representative said they Intended to leave as much of the lot as natural as possible which should not disturb the existing drainage. Page 8/EAGAN CITY COUNCIL MINUTES February 19, 1991 Councilmember McCrea said it was a 1.5 foot variance and the hardship, from her standpoint, would be avoiding encroachment on the drainage and utility easement. In addition, Mayor Egan noted the unforseen shape of the lot. He said the applicants had already reduced the size of the house substantially. Wachter moved, Gustafson seconded, a motion to approve a 1.5 foot variance to the 10 foot sideyard setback requirement located on Lot 1, Block 1, Whispering Woods Third Addition subject to all applicable Code requirements. Aye: 5 Nay: 0 REVISED SPECIAL ASSESSMENT POLICY MANUAL Gustafson moved, Wachter seconded, a motion to approve the revised Special Assessment Policy Manual as presented. Aye: 5 Nay: 0 COUNCIL NOTES City Administrator Hedges asked for an Interpretation of action taken at the February 5 City Council meeting regarding acquisition of capital equipment. It was Council's direction that acquisition of select pieces of equipment be authorized according to that which the City Administrator deems necessary for the conduct of City business. DAKOTA COUNTY BURN FACILITY Mayor Egan said there had been two meetings scheduled with the DCCAB (Dakota County Citizens Against Burning) organization and they had asked him, as an elected official, to sign a form that has stopping the Dakota County garbage Incinerator and maximizing waste reduction and material reuse as its objectives. Mayor Egan said he did not feel comfortable signing it as an individual but brought it to the Council to see if they wished to do anything collectively or individually with respect to this issue. Councilmember McCrea said she supported the Mayor's signing the letter and said she would prefer to spend the dollars earmarked for the burn facility on other waste reduction and reuse programs. Councilmember Pawlenty agreed with the objectives of the document and added that mandatory recycling may be the next step. Councilmember Gustafson said he respected the opinion of those who oppose the burn facility as well as those who say it is necessary. However he said he could not sign something that said "stop the Dakota County garbage incinerator" because, as of this moment, he is not sure It's the right decision. The Councilmember said he would prefer to reiterate the resolution previously passed by the Council. Councilmember Wachter said he felt similarly. He said he was very strongly In favor of recycling but believed there were still some things that may have to be burned. City Administrator Hedges said the Solid Waste Abatement Commission has toyed with taking on this issue at various times but Mr. Hedges has cautioned them against involving themselves in what really is a County Issue. However, he asked if the Council would like the Commission to focus on this issue. Mayor Egan said he thought it inappropriate for an Eagan committee to "watchdog" the County. He said the City Council did have an obligation to represent its constituents as they felt appropriate and suggested adding a caveat to the petition that the burn facility not be built "if prudent and feasible economic and environmental alternatives are available." Page 9/EAGAN CITY COUNCIL MINUTES February 19, 1991 After further discussion, Egan moved, McCrea seconded, a motion to restate vigorously the City Council's support for the resolution previously forwarded to the Dakota County Board with respect the incinerator issue. Aye: 5 Nay: 0 Mr. Terry Davis, a member of the City's Solid Waste Abatement Commission as well as the Dakota County Citizens Against Burning, came forward to volunteer his assistance in providing information or a briefing for the Council at any time. CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated February 18, 1991, in the amount of $171,357.82 and the checklist dated February 19, 1991, in the amount of $1,039,486.73. Aye: 5 Nay: 0 The City Council temporarily suspended the meeting to review plans for the development of Blackhawk Park at 8:25 p.m. Those in attendance were: Mayor Egan, Councilmembers Gustafson, McCrea, Pawlenty and Wachter, City Administrator Hedges, Director of Parks and Recreation Vraa and Parks Planner/Landscape Architect Steve Sullivan. The meeting was then reconvened and formally adjourned at 9:30 p.m. KF CITY OF EAGAN E. J. N%bverbeke, City Clerk EXHIBIT A PLUMBERS LICENSES FEBRUARY 19, 1991 1. Advanced Plumbing 6 Heating 2. Andreasen Plumbing & Heating 3. Commercial Plumbing 4. Murr Plumbing, Inc. 5. New Mech Companies, Inc. 6. Parsons Plumbing & Heating 7. Polar Plumbing Company 8. Pride Plumbing Services 9. Schulties Plumbing, Inc. 10. Seitz Brothers, Inc.