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11/17/1998 - City Council RegularMINUTES Of:d RFjf.. A- R—MMING OF THE 17, A regular meeting of the Eagan Cftg:Council w•as.JieV:on Tuesday, November 17, 1998 at 6:30 p.m. at the Eagan Municipal Center. PreserifiYRtt �dbpF: and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City ffitor Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA City Administrator Hedges staterltSatitfiEit {jftive. ion would be held following the meeting to consider the Olson/ Berger matter, Oak Chase npg oborhog' 4.4ssessment issue and police dispatcher negotiations. Councilmember Wachter movedi_s�Yifptiptapet,[vTis#h seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE NOVEMBER 2,1998 REGULAR MEETING Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 .. MINUTES OF THE NtlxEit85,1998 SPECIAL MEETING Councihnember Blomquist moved, Cip ncilmem6w—W&hter seconded a motion to approve the minutes as presented Aye: 5 Nay: 0 Mayor Egan congratulated Cou.'* ...Eihber Awada on being elected as Mayor and he also congratulated Paul Bakken and Peggy 4farlson who were elected as Councilmembers. DEPARTMENT HEAD BUSINESS Councilmember Masin mentior*O.Mpatthe.1¢uwkcwtp.VaBey Humane Society does not have enough money to cage the large numb¢t'*':' L.1t4i" f%it iitUji'i d it has become necessary to destroy some of them. She urged people to contact the Huttwne 5o4et' and make a donation. Councilmember Wachter moved, Council nber Bigj quilt seconded a motion to recess the regular City Council meeting in order to hold the i1:RA mee" Aye: 5 Nay: 0 HRA MEETING The HRA meeting convened at 6:35 p.m. City Administrator Hedges provided an overview on this item Councilmember Blomquist had a question about #Winterest rate of the note. Finance Director VanOverbeke responded that the original note with CinnanjWRidge has a five percent interest rate. He added that the note for the Aquatic Facility JZevenye Bonds will be determined later and will be based on market factors and set at the prevailing; Ee:i)tasin asked if it was necessary to use the proceeds from the sale of the note for VanOverbeke stated that the money must be used for an eligible project and the Aquatic Facility:tu he only project at this time that would qualih'. Councilmember Awada moved, Councilmember Wachter seconded a motion to adopt a resolution approving the assignment of the Cinnamon Ridge interest rate reduction note and mortgage to the City. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) Eagan City Council Meeting Minutes, November 17, 1998 Page 2 Councilmember Wachter moved,'t4prtcilmember I4fcjji seconded a motion to adjourn the HRA meeting. Aye: 5 Nay: 0 The regular City Council meeting reconvened at 6:41 p.m. CONSENT AGENDA In regard to Item D, Request forMAi4Ci16 #E?ii''F oer drive-thru coffee shops, Councilmember Masin questioned if the City liad'a:)St1)ro'sal P wthis type of use and stated that the APC and EDC should have an opportunity to review thiZ1 iiem pridf #l7 the drafting of an ordinance. City Administrator Hedges explained that putting thisAitsn on the:4pnsent agenda initiates the process of addressing this matter. Senior Planner Ridley .sWWitiat the;.W will have an opportunity to comment on this and added that the EDC could a[4f' i gji 4ti t) ttti ipo iiniq to review the proposed ordinance Councdmember Masin moved, Councilmember Blomquist seconded a motion to direct staff to proceed in preparing a draft ordinance amendment to be reviewed by the Economic Development Commission and the Advisory Planning Commission prior to action by the Citv Council. Ave: 5 Na} 0 In regard to Item E, Request to a£casla(.Safe and Sober Grant, Councilmember Masin congratulated the Police Department on the receipt of ftiil:* it;::Fglice Chief Geagan stated that the grant money will be used to help support the SADD group atthe E�gAlfi #` ool. '*; In regard to Item G, Resolution awardkia Center Revenue Bonds Councilmember Blom uist indicated that she would be vo In regard to Item P, Request to cltiriire Ordinance 10.11, Regulation of Ferrets, Councilmember Masin mentioned that people may be interested in knowing that ferrets will be allowed as pets in the Cit% of Eagan. In regard to Item W, Re noise monitor locations, Counci Bridgeview Terrace area is very a monitor in the HighvieN and In regard to Item Y, Resignation, AdvisoU:Oanning Commission. Councilmember Masin commented on Steven Burdorf's resignation and siidthat he:diif an excellent job as a commission member and he will be missed. She thanked him for his wo4.:.6d wished him well. A. Personnel Items Item 1. It was recommended to approve the hiring of James Vasquez as the part-time temporary Wormation Systems Technician. Item 2. It was recommended to approvpiKttg q#1 Vqt Ort as a part-time seasonal skating ::... instructor for the civic arena. Item 3. It was recommended to approve the reclassificatiori4the Administrative Assistant position in the Police Department from Compensation Range H Exempk'taCompensation Range J Exempt and of the Administrative Clerical Tech/Personnel from Clerical Tech III to Clerical Tech IV and from Compensation Range D to Compensation Range E. Eagan City Council Meeting Minutes; November 17, 1998 Page 3 B. Liquor license renewals for 1999r It wyiP*�.irecommended to 40rove the 1999 liquor license renewals as presented, subject to review and recommendation b}' the Police.Department, payment of the fees and submittal of required documents. C. A¢reement with Ingraham & Associates fo piYidi;`ct management and technical assistance for Cedarvale Area Study. It was recommended to approve the project management and technical services agreement with Ingraham & Associates for the Cedarvale Redevelopment Study. D. Request for draft ordinance to consider drive-thru coffee Shor)Sr It was recommended to direct staff to prepare an ordinance amendment to proiijdtf0l; iLt j e 24tE2iekClrcumstances, drive-thru coffee shops, to be reviewed by the Economic Developmenf'CoiiiiipSs?oti "'$ t14 Advisory Planning Commission. (Malin, Blomquist; Aye: 5 Nay: 0) E. Request to accept Safe and Sober Gran. It w*."W j eit to approve a resolution accepting the Safe and Sober Grant. F. Extension for recording final subdivision OCB Realtv, Inc for Eagan Woods Office Park 2rdAddition It was recommended to approve a 90 da}' extension of the recording requirement for the Eagan Woods Office Park 2^a Addition (located west of Pilot Knob Road and east of Lost Spur Country Club in the NE Vc of Section 4). G. Resolution awarding sale of Aquatic'Ceiitiaf Rtj;;penue Bonds. It was recommended to adopt a resolution approving the sale of Aquatic CenterReve.niirO >.ds, Series 1998. (Councilmember Blomquist opposed) H. Change Order No. 3 -Fire .gdministratiq�iBAfldir :1t was recommended to approve Change Order No. 3 for the Fire Administration Buildit%' piAj¢iYand authorize the Mayor and City Clerk to execute all related documents. I Contract 98-24, cancel bid letting (Blue Gentian and Blue Water Road - Utilities). It was recommended to cancel the bids and consideration of contract award for Contract 98-24 (Blue Gentian and Blue Water Road - Grading and Utilities). was re&ommended to receive the Draft Environmental Assessment Document for Hwy. 13At1d scheckkjY a public hearing for December 15, 1998. K. Authorize No Parking (2 am to 7 am). Park Cerifei Dr, arty;; 9f Dr. It was recommended to authorize the restriction of on -street parking form 2:00 a.m. to 7:00 a.m. on Park Center Drive and Cliff Drive and the posting of appropriate signage with related enforcement. L. Contract 9610. approve Supplemental Agreement No 3. Yankee Doodle Road bridge Street Improvements) It was recommended to approve SupplemetiW Agreement No. 3 to Contract 9610 (Yankee Doodle Road/I-35E Bridge - Street Improvements)"d authorize the Mayor and City Clerk to execute all related documents M Proiect 748, receive feasibility report/order public'6earirig (lohnnv Cake Ridge Rd Extension - Street & Utility Improvements). It was recommended to receive ",1leasibility report for Project 748 Uohnny, Cake Ridge Road Extension - Street & Utility Improvement3)i5$d schedule a public hearing to be held on December 15, 1998. N Vacate drainage & utilih• easements receive petition/order public hearing (Lexington Pointe 8" Addition). It was recommended to receive the petition to vacate a drainage and utibty easement and schedule a public hearing to be held on December 15, 1998. Eagan Cit) Council Meeting Mmutes; November 17, 1998 Page 4 Q Park . It was recommended to receive the.}�Cgtion to vacate:Yittious easements within Eagan Woods Office Park and schedule a public hearing tdai2}oehkgfc!}ECEpiber 15, 1998. P. Request to change Ordinance 10.17 Regulation of Ferrets It was recommended to authorize the preparation of an ordinance amendment to allow lawful ownership of ferrets in the City of Eagan. Q Proiect 752, receive feasibility report/ora Cove - Bituminous Overlay) It was recoAR Cake Ridge Road - Cliff Road to Teal Cove, held on December 15, 1998. feasibility report for Project 752 (Johnny and schedule a public hearing to be R. Contract 98-08 approve final Qavment/i141#l9M- :3 it' ma>S ti2nance (Evergreen Park & Donnvwo4 Adds -Bituminous Overlays) It was reSijmmpded'4'.4 Opo',e the final payment for Contract 98-08 (Evergreen Park & Donnywood Additions - Bituminous'O4erlays) in the amount of $15,62955 to Bituminous Roadways, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. S. Vacate drainage & utility easement was recommended to receive the petii Tranby First Addition and schedule a T. Extend construction hours. Home Depot. construction hours to 12:00 midnight for the November 18, 1998 and continuing through; all platted drainage and utility easements under tZ.AQ be held on December 15, 1998. to approve an extension of 20 Denmark Avenue begiruting U. 1999 license renewals for trash haulefs, tree contractors, stable, fertilizer applicators, tobacco & paintball facilit♦) It was recommended to approve the 1999 license renewals for trash haulers, tree contractors, stable, fertilizer applicators, tobacco and paintball facility. V. Recommendation, Airport Relations Ccu requirement. It was recommended to a pfi reiterating the City's previous position supl issuance of any waivers for noncompliance. It i by the Airport Relations Commission of Stage 11 aircraft and opposing the W. Recommendation, Airport Relations Commisskt3 reques Ar additional noise monitor locations. It was recommended to approve a recommendation by the Air it Relations Commission that the City request that the Metropolitan Airports Commission place a temporary remote noise monitor in the Valley View Plateau area for a period of at least 60 days for comparison with permanent noise monitor data. X. Recommendation, Airport Relations Commission, MASAC )tepresentative. It was recommended to approve a recommendation by the Airport Relations CommMitn to appoint Jamie Verbrugge as one of the City's two representatives on the Metropolitan Aircraft Sound Abatement Council. Y. Resignation, Advisory Planning Coditiv33ip}c'i W' **' Y4pQp.ftended to accept the resignation of Steven Burdorf from the Advisory Planning Commission. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: E&W City Council Meeting Klmu tes, November 17, 1998 Page 5 .... . .. ADWNISTRATrVE A= . NDA REQUEST FOR CONTRIBU`nON.-W—.EAGAN Sl1 R ANNIVERSARY COMMITTEE City Administrator Hedges provided aM �_*iir'6n this item. Councilmember Awada moved, Councilmember Masin seconded a motion to approve a request by the Eagan Silver Anniversary Committee for a $25,000 appropriation that would be used for fireworks and other added expenses related to the Sd4z2x.A .4.U.11 _y celebration. Aye: 5 Nay: 0 CITY City Administrator Hedges provided an W41view oR-JNs item. Councilmember Blomquist movM seconded a motion to direct the City Administrator to select a facilitator to hold -a. -retreat or -'r -66;6 --its; during 1998 with members of the 1999 City Council. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Awada seconded a motion to schedule the first retreat on December 8,1998 and to schedule the second retreat at the November 30, 1998 regular City Council meeting Aye: 5 Nay. 0 BUILDING PERMIT VIEN GOLF COURSE City Administrator Hedges provided."' o :p.a:, is Rem. Mayor Egan stated that he was uncertain about the amount of right-of-way.tbit:h d : abstract from the golf course. Director of Public Works Colbert explained that staft* Wes f,6*d,-o,btairUJ1g a right-of-way dedication in consideration ... - of the fee reduction. He added that the if6dication could be provided in the form of an easement and if the additional property is not needed to accommodate the Cliff Road expansion the easement could be vacated. Chuck Hall, representing the owp1!rs of PArkview Golf Course, stated that the budding permit is ;We plat on the westerly half of the site. He being requested for the construction of ii4 6i'o:'n:ihe'e site. He added that the dedication of further stated that no work is being do ::- right-of-way for the Cliff Road widening is premaiiiit at thissp'.'Oint since the location of the centerline of the road is unknown. Mayor Egan said if there (411ght-of-way that is not used it could be vacated. Mr. Hall commented that the widening guff Roa4,Js not before the City Council at this time Councilmember Blomquist concurred with Sir. Hall and add:that requiring right-of-way at this point would be premature since the County does not have an), plans for the widening of the Toad. Councilmember Awada asked what justification there is for reducing the amount of the assessment. Mayor Egan stated that there is only, three watey closets for approximately 80 acres of land and the facility is only used for eight to nine months of the 4,� Mr. Hall commented on the City's right to calculate the assessment at the Public Facility rate. City A4iiurustrator Hedges noted that since staff does not have the authority to reduce '. . :Qfahg ent they put together some options for the Council to consider. Councilmember Wachter stated that if the property�..':44old for redevelopment -purposes the new owners would be required to pay the assessments at that h414: Mayor Egan said that there are two separate issues that have accidentally been joined - the application for a budding permit and the widening of Cliff Road Councilmember Awada suggested that the trunk area charges should be collected at the time of further development or if the land use is changed. Discussion occurred regarding the possibility of Fagan City Council Meeting Mumutes; November 17, 1998 Page 6 reducing the amount of the assessment stonld the land be developed as R-1 since it is being calculated at the Public Facility rate. Councilmember Awada moved, Coter seconded a motion to authorize collection of the development fees at the prevailing rate for Parkview Golf Course with the exception of storm sewer trunk and water trunk fees which were deferred until the time of development or a change in land use occurs. Aye: 5 Nay: 0 Councilmember Awada stated th;#tjojyeit:ffGj¢dp> the dedication of right-of-way at this time Councilmember Blomquist concurred PUBLI - EARIN : VACATE DI(:ANAGEBi: £' k "EASEMENTS (LOT 3, BLOCK 3, wESedtr GARDENS) Councilmember Wachter moved, Councilmember Awada seconded a motion to cancel the public hearing and deny the vacation of a public easement within Lot 3, Block 3, Wescott Gardens and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 "' 1tARli4N DPDC, INC 4. City Administrator Hedges provided" overviEw pp.jjgs item. Senior Planner Ridley gave a staff report. Mayor Egan opened the public leatifig to anyone wishing to speak. The applicant's representative stated that the reason for the variance is because the building was incorrectly staked. There being no one else wishin& tgspC.Ak„►dtygr.Egan tumed the discussion back to the Council and stated that the hardship is self-evidk6k; : Councilmember Wachter moved, Council6teznber Awada seconded a motion to close the public hearing and approve a Variance of 7 feet to the requited setbA?k from a public right-of-way (Sherman Court) for 1380 Marice Drive, legally described as:jjp{ 2, Block -J7 Marice Addition located in the SW i,. of Section 10. Aye: 5 Nav: 0 OLD BUSINESS AQUATIC FACILITY NAME.SELECI•ION City Administrator Hedges provided an overview olflfus item Sue Hegarty, representing the Agael;B- . tO Committee, explained why the committee chose the names of Cascade Bay and Wescott Water Station. She further explained how the theme of each name could be used to help identify other components of tligi[3cility. Cathy Clark-Matuszak, who also served on the committee, stated that the committee tried to choose names that would convey a fun atmosphere. ;\favor Egan thanked the committee members for their hard work and creativity. Eagan City Council Meeting Minutes; Nmember 17, 1998 Page 7 Councilmember Wachter stated grit he preferred theiiiine of Cascade Bay. Councilmember Awada concurred and added that the corWittee should chooge the name for the snack bar. Cguncilmember Masin stated that for histq' W,purposes slie:tiked Wescott Water Station but asked if it would create confusion with Wescott StationpYiC::, cr(04�Ember Blomquist concurred with Councilmember Masin regarding the historical`6Shii6dd6K Mayor Egan said that he could see the potential for confusion with Wescott Station Park if the facility were named Wescott Water Station. He added that he liked the name Cascade Bay due to the association with water and he also liked the pelican theme Councilmember Wachter movedi....tfHi Aj Cifiet j?kii� as seconded a motion to name the Eagan Aquatic Facility.Cascade Bay. Aye: 5 Nay: 0 PROPOSED AQUA= FACIIM USER FEES City Administrator Hedges pro% Qtld iifrbvervii tk cti this item. Director of Parks and Recreation Vraa provided additional information adding that staff tried to make the fees user-friendly and also address the issues that were raised by the City Council at their work session. He commented on the discount pricing structure. Mayor Egan stated that the revenue neutral Councilmember Masin said she was pretty high and there will be a lot of kids wl mentioned that the family passes will ordy b that the facility will be supported by user. fes Mayor Egan stated that season passes caji bi cost will be paid for by user fees and it is important to be riied thitthe daily admission fee of seven dollars is not be able to use the facility. Councilmember Awada AWto Uph residents area good deal. She added fit'iftte added that seven dollars is the cost for a movie value. Councilmember Awada moved, Councilmember Wachter seconded a motion to set the 1999 rates for daily and season pass fees as recommended by staff and to direct staff to monitor the overall fee structure to ensure that the City remains revenue neutral, Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) Mayor Egan stated that it is important for..... Otie xible in regard to the establishment of fees and should regularly keep the Council Wormed si}ppt the o". effectiveness of the fees while remaining revenue neutral. Councilmember Blomquist said that she has been loaiEd to keep the fees low COMPREHENSIVE GUIDE PLAN AMENDMENT, NEW ULM ENTERPRISES City Administrator Hedges provided an overview on.this item. Senior Planner Ridley gave a staff report stating that shared signage and underground on needs to be addressed as part of the conditions. Jerry Dannheim, representingr3t+�v%i3iti)gsi o piisim y>as available for questions. Dale Klossner, 2025 Pin Oak Dnve, stated that maro'df the questions raised at the October 6 City Council meeting have been answered by the developer to hii satisfaction. Councilmember Masin said that a question was raised by a resident regarding the tax benefit of this development to the people living in this area. She further said that the resident stated that traffic has been increasing considerably in the area and this development will increase it further, the property values will decrease and security will be an issue. Eagan City Council Meeting Minutes, November 17, 1998 Page 8 Mayor Egan said that this is a higlt.i}uahty building ttitd hotel and will help to lessen the tax rate more so than a single story office building'. -':;i:::;::... Councilmember Awada commended &.-.' YR d 'hnd the neighbors for working to resolve the outstanding issues Mayor Egan commended the development team on the informational meeting they held with the neighbors. Councilmember Wachter moved,.trotutcitmember Awada seconded a motion to approve a Comprehensive Plan Amendment from L 3ir3tCS#iSiljLd'y:? 1f)YACommercial Planned Development . (CPD) for 2.4 acres at the southwest come of l2a}iiiGhsff#oad Rahn Way, legally described as Lot 2, Block 1, Rahn Ridge 2na Addition, in the northeast S: of Sectioc:$i. Aye: 5 Nay: 0 Councilmember Wachter moved,;oµ Aber f4aij" ' seconded a motion to approve a Planned Development Amendment for altgiife ilddd sti5 :liptlt en 2.4 acres legall} described as Lot 2, Block 1, Rahn Ridge 2n1 Addition, in the rioitheast iii 31 subject to the following conditions: This Preliminary Planned Development approves a three-story, 89 -unit extended stay hotel with a maximum building height of 46 feet. 2. The term of the PrehmirtM Planned Development shall be five years. 3. The following exhibits are requitM :10x.. l 'Pi4rmed Development Agreement. Final Site Plan Final Landscape Final Building q Final Site Li¢htii 4. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 5. The parking lot should be.designed•so thatRarking stalls do no open directly onto the south driveway and to $lMb3te:i�Qi1(7;'gtFdS:>:?� 6. The building shall be consistent in i.klutectut2tk:design, building height, and use of exterior materials as shown on the�>.proved :.uilding Elevation plans. 7. All trash/recycling containers shall be storecj*ithin the principal buildings or shall be within an enclosure designed and constructed consistent with City Code requirements 8. One ground identification sign is allowed. All signage shall comply with City Sign Code provisions. 9. The landscape plan shall be revised per COrr tints in the staff report with regard to landscapedesign, scree%Aft:6". ...:bd AR -OW revised landscape plan shall be prepared gn 8.... �;:::'..... b}' a Minnesota registereif$etst3sC,lpg:.... .tor certified nurseryperson and shall include underlying grading contours and a p*ting detail for both trees and shrubs The landscape schedule shall include botanical gepies of plant material. 10. In accordance with the Rahn Ridge 2nd Addition development contract, a cash Nater quality dedication is required prior to issuance of the building permit for this development. Fr gan Cit) Council Meeting Minutes; November 17, 1998 Page 9 11. Emergency access shall I approval of the City Fire 12. Parking lot light fixtures shglJ;: and adjacent property. Fre" security reasons, lighting shall to the way(xide of the building subject to the :000:directed away from public rights-of-way 3 doles shall not exceed 20 feet in height. For than one footcandle throughout the parking lot. 13. This hotel shall have on-site staff 24 hours a day. 14. One pylon sign is permitW# approved sign plan. An i-' ' l property shall be executed and submitted to the City prior to i 15. A berm easement ag1 proof of recording su hi�aat..,c mer of the site consistent with the 441eii -ft the church directional sign on the hotel d wit( PD Agreement, and proof of recording of the hv,{lding permit. recorded with the PD Agreement, and issuance of the building permit. 16. The berm landscape plan shall be revised to include automatic irrigation and an irrigation system shall be installed with the landscaping. Aye: 5 Nay: 0 REQUEST TO DISCUSS LOCATION Of G:ENfaATOR ON MUNICIPAL CAMPUS City Administrator Hedges provided iii overyiew.¢li.'tktls item and noted that staff only received a small amount of information from Dakota I* A i es yesterday. Councilmember Awada stated tbf there is no information available on the cost of the access road, Director of Parks and Recreation Vraa stated that the approximate cost of the road is $16,000. Citv Administrator Hedges commented on locating the generator by the Police Department and stated the City's Building Maintenance Supervisor indicated that the diesel fuel emitted by the generator could be drawn into the air intake vents of the Police Department building. Vraa added that if the generator were located by the Police Department encroidioWl .WW.*ddt3;tightwf-w,a}' would result. He further added that it would also be necessary to constik b iill $ilit t pjt; dtA generator and the Police Department building due to the 2,000 gallons of diesel fuel the gbperator goptains. He said that the construction of a wall would increase the overall cost. City Administrator Hedges noted that staff:6s beeri4i" edly preparing this information at the last minute. He added that this item had been scheduled from the last City Council meeting for tonight, but all the information is still not available. He suggested that an informational meeting be held to review all the details with the neighbors and then options can be presented to the Council. Councilmember Wachter asked if it would be possib]eto recess the generator into the ground if it is located at the southeast site. Tom Vagts, representing Dafcotil Energy Altematives Inc., stated that it may be possible to do that but the cost H:oukj.j�wg.to;bg gQnsidered Tim Dunn, 3935 Denmark Avenue, said $iaf th2 geiietator is not necessary and that the decision has been made to locate it near the residents without their ibOW- He further said it should be downsized and located on the Municipal Center Campus. He added thptt:Ole City Council should review what is needed to determine the size of the generator. He further added that there other ways to work with DEA to conserve energy and save money. City Administrator Hedges commented that all the data should be gathered allowing the City Council, staff and the neighbors an opportunity to review it. Director of Parks and Recreation Vraa stated Eagan Cttl' Cound Meeting Minutes; November 17, 1999 Page 10 that staff could get information as long 4 tiey know what thg ouncil is looking for. Mayor Egan noted that information presented originally to ttie Council needs to be'ieviewed to understand why the Council made certain decisions. Councilmember Blomquist stated tttitt:bb*' tittfC :ot a wall screening the residents from the generator should be given consideration. She fuitli 't�bted that there is more screening proposed on the Municipal Center site than what is proposed for the site adjacent to the residents. Mr. Dunn requested that no further construction of the generator occur until the issue has been resolved. Mr. Vagts explained that it womW vos:.S c?R ;to.cRu}Qletely terminate the construction of the generator. He added that completion of iiDttAt> Ltfpit;its tiyj: cpi34ntil the matter is resolved. He commented on the MPGA noise level requirementi:r operaif* of a generator. He stated that he could arrange for the Council to visit other generator sites to hear &'Jioise level firsthand. Councilmember Awada mover request for relocation of a generator on meeting. Aye: 5 Nay: 0 a motion to continue the to the December 15,1998 City Council EVEN/ODD YEAR ELECTION REFERENDUM QUESTION/SCHEDULE City Administrator Hedges Councilmember Blomquist sta place since they have the option of res said that if the new Council chooses to received a petition that specifically req Council does not take action to set an c further added that she was in agreeme State. an overview on this item. li*.AM this item should occur after the new Council is in aititiii:flien by this Council. Councilmember Awada action theyvbuld do so. She noted that the Council has UQFtgtsRtt oiSto vote on this issue. She added that if the ."ld lie as if they were not validating the petition. She wording for the ballot as suggested by the Secretary of Finance Director/City Clerk VanOverbeke stated that the only suggestion for choosing the date would be to hold the election on a Tuesday that does not follow a Monday holiday. Councilmember Masm refereni'eQ.Stq(ute; 2Qt? :.q$ked if the question could be placed on the ballot during the next General Election. Mayor Egad stated that the provision referenced in statute 20510 would not apply in this situation. City Attorney SGRldone ed that statute 205.10 identifies the process for determining when an election will tak:pjace. Councilmember Arvada suggested February 9,1999:&ihe date for the referendum. Councilmember Wachter moved, Councilmember Awada seconded a motion to set February 9, 1999 as the date for the referendum on the even/odd year election issue and approve the referendum ballot question. Susan Widmar stated that the intent of the petitioners'kas to have the question placed on the ballot during a General Election and ndt.4.W :*j 4 :065 She referenced language in the statute which states the governing body may oirdei * lot iei iilecffor Councilmember Awada said that a petition drive uldg:ionducted and was headed by one member of the City Council. She further said that the City Council otted to accept the validity of the petition and now the people who conducted the petition drive are requesting it not be put to a vote. She added that the election needs to be held in a timely fashion and not in two years. Ms. Widmar stated that the intent was for this question to be placed on the 1998 General Election ballot. Councilmember Arvada commented on the validation process and added that the City Council is following the law as prescribed Eagan City Coural Meeting Minutes; Nember 17, 1996 Page 11 by the Secretary of State and the process;j&nHfie . d . i . n the statW Mayor Egan noted that most statutory language is written in may terms to provide discretion to the:9"W'" eming body. Councilmember Blomquist statecF. CouncilmeAAW.'Aw-ad a's comments are strictly speculation and added that Councilinembel'A.,P)'?ti4d4 0:iiiA:fnvolve herself in the petition drive and does not know what the intent or reasons were of thepiftbi*is. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) ............. ..... Councilmember Masin stated thiii mi intent was to avoid the cost of a special election. N E'W-. SINE!W.*j: ORDINANCE AMt3... 7 SNOW REMOVAL City Administrator Hedges provided an overview on this item. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve an ordinance amendment to Chapter 7, Srow_Removal. Aye: 5 Nay: 0 AfjM1NkSTR-AT1V.E AGENDA NATIONAL LEAIJE OFC IES CONFERENCE City Administrator Hedges provid on this item. Councilmember Blomquist stated that she did not believe all budgeted mo�l::' ''conferences had been used and the City could pay for the cost of the lodging for the Eagan High School students. Councilmember Masin moved, 'Councilmember Awada seconded a motion to approve a request from Katie Tilley and Maya Babu to attend the National League of Cities Annual Conference in Kansas City in early December as official repreiiWtAtives.boin FAgon High School and the Eagan community and approve an appropriation for the cost *ye: 5 Nay: 0 ROLI*b TAB11-::: Councilmember Wachter commented on 6ji progress*. being made on the Aquatic Facility He also commented on a letter received from visitors from Cedittl(apids, Iowa regarding the City's exceptional trail system. He asked Councilmember Blomquist if she wanted to meet with Larry Poppler to discuss his assessment issue and asked staff to arrange for a meeting between the Public Works Committee and Mr. Poppler. Councilmember Awada said another LRT meeting : *cheduled for December I at 12:00 p.m. She noted that she attended the CVB annual meetmand commented on the excellent staff of the CVB. She mentioned that City Administrator He as today. Mayor Egan commented that next year marks the Z,5 anniversary of the CDBG Program Councilmember Masan referenced a letter that was4ii2iived pertaining to excess campaign signage and asked about the status of this matter. City Administrator Hedges noted that direction was provided by the Council to examine the City of Burnsville's sign policy. Councilmember Awada stated that this issue could be discussed at an upcoming Council retreat Councilmember Masin said she would Like this matter addressed in the near future. Eagan City Council Meeting Minutes; November 17, 1998 Page 12 Councilmember Masin expressedappreciation for As4knt Finance Director Tom Pepper's input to the h1VT'A's Finance Committee. She reryAested the Cotmcil;ftillow up on the information they' may be reading regarding the different ways the ppv".s of the MV1r?k-may be interpreted Councilmember Blomquist commented' Citk*..-Adifiinistrator Hedges' fiftieth birthday and added that he has been a real asset to the City. ADJOURNMENT The meeting adjourned at 9.10 p.yji; pkt,Z60ct!$y %Wibn for the purpose of discussing the . Olson/Berger matter, the Oak Chase neighborhood SseSiiSie*tmue, and police dispatcher negotiations. Present were Mayor Egan and Councilmembers Wirbhter, Awii 'i, Masin and Blomquist, City Administrator Tom Hedges, Director of Public WotfsTom Cclkbert, and City Attorney Jim Sheldon. MLK Date City Clerk If you need these minutes in an alternative forfokli *:*i7acge print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, ,D phone: (612) 4548535). The Cin' of Eagan is committed to the policy that aej1er14, JrgetegyI access to its programs, services, activities, facilities and employment without regard to race; yf$fon, national origin, sex, disability, age, sexual onentation, manta) status or status with reg ati:d�[¢:fi4f6'sice. y'•{}ys, MINUTES Of:d RFjf.. A- R—MMING OF THE 17, A regular meeting of the Eagan Cftg:Council w•as.JieV:on Tuesday, November 17, 1998 at 6:30 p.m. at the Eagan Municipal Center. PreserifiYRtt �dbpF: and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City ffitor Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA City Administrator Hedges staterltSatitfiEit {jftive. ion would be held following the meeting to consider the Olson/ Berger matter, Oak Chase npg oborhog' 4.4ssessment issue and police dispatcher negotiations. Councilmember Wachter movedi_s�Yifptiptapet,[vTis#h seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE NOVEMBER 2,1998 REGULAR MEETING Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 .. MINUTES OF THE NtlxEit85,1998 SPECIAL MEETING Councihnember Blomquist moved, Cip ncilmem6w—W&hter seconded a motion to approve the minutes as presented Aye: 5 Nay: 0 Mayor Egan congratulated Cou.'* ...Eihber Awada on being elected as Mayor and he also congratulated Paul Bakken and Peggy 4farlson who were elected as Councilmembers. DEPARTMENT HEAD BUSINESS Councilmember Masin mentior*O.Mpatthe.1¢uwkcwtp.VaBey Humane Society does not have enough money to cage the large numb¢t'*':' L.1t4i" f%it iitUji'i d it has become necessary to destroy some of them. She urged people to contact the Huttwne 5o4et' and make a donation. Councilmember Wachter moved, Council nber Bigj quilt seconded a motion to recess the regular City Council meeting in order to hold the i1:RA mee" Aye: 5 Nay: 0 HRA MEETING The HRA meeting convened at 6:35 p.m. City Administrator Hedges provided an overview on this item Councilmember Blomquist had a question about #Winterest rate of the note. Finance Director VanOverbeke responded that the original note with CinnanjWRidge has a five percent interest rate. He added that the note for the Aquatic Facility JZevenye Bonds will be determined later and will be based on market factors and set at the prevailing; Ee:i)tasin asked if it was necessary to use the proceeds from the sale of the note for VanOverbeke stated that the money must be used for an eligible project and the Aquatic Facility:tu he only project at this time that would qualih'. Councilmember Awada moved, Councilmember Wachter seconded a motion to adopt a resolution approving the assignment of the Cinnamon Ridge interest rate reduction note and mortgage to the City. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) Eagan City Council Meeting Minutes, November 17, 1998 Page 2 Councilmember Wachter moved,'t4prtcilmember I4fcjji seconded a motion to adjourn the HRA meeting. Aye: 5 Nay: 0 The regular City Council meeting reconvened at 6:41 p.m. CONSENT AGENDA In regard to Item D, Request forMAi4Ci16 #E?ii''F oer drive-thru coffee shops, Councilmember Masin questioned if the City liad'a:)St1)ro'sal P wthis type of use and stated that the APC and EDC should have an opportunity to review thiZ1 iiem pridf #l7 the drafting of an ordinance. City Administrator Hedges explained that putting thisAitsn on the:4pnsent agenda initiates the process of addressing this matter. Senior Planner Ridley .sWWitiat the;.W will have an opportunity to comment on this and added that the EDC could a[4f' i gji 4ti t) ttti ipo iiniq to review the proposed ordinance Councdmember Masin moved, Councilmember Blomquist seconded a motion to direct staff to proceed in preparing a draft ordinance amendment to be reviewed by the Economic Development Commission and the Advisory Planning Commission prior to action by the Citv Council. Ave: 5 Na} 0 In regard to Item E, Request to a£casla(.Safe and Sober Grant, Councilmember Masin congratulated the Police Department on the receipt of ftiil:* it;::Fglice Chief Geagan stated that the grant money will be used to help support the SADD group atthe E�gAlfi #` ool. '*; In regard to Item G, Resolution awardkia Center Revenue Bonds Councilmember Blom uist indicated that she would be vo In regard to Item P, Request to cltiriire Ordinance 10.11, Regulation of Ferrets, Councilmember Masin mentioned that people may be interested in knowing that ferrets will be allowed as pets in the Cit% of Eagan. In regard to Item W, Re noise monitor locations, Counci Bridgeview Terrace area is very a monitor in the HighvieN and In regard to Item Y, Resignation, AdvisoU:Oanning Commission. Councilmember Masin commented on Steven Burdorf's resignation and siidthat he:diif an excellent job as a commission member and he will be missed. She thanked him for his wo4.:.6d wished him well. A. Personnel Items Item 1. It was recommended to approve the hiring of James Vasquez as the part-time temporary Wormation Systems Technician. Item 2. It was recommended to approvpiKttg q#1 Vqt Ort as a part-time seasonal skating ::... instructor for the civic arena. Item 3. It was recommended to approve the reclassificatiori4the Administrative Assistant position in the Police Department from Compensation Range H Exempk'taCompensation Range J Exempt and of the Administrative Clerical Tech/Personnel from Clerical Tech III to Clerical Tech IV and from Compensation Range D to Compensation Range E. Eagan City Council Meeting Minutes; November 17, 1998 Page 3 B. Liquor license renewals for 1999r It wyiP*�.irecommended to 40rove the 1999 liquor license renewals as presented, subject to review and recommendation b}' the Police.Department, payment of the fees and submittal of required documents. C. A¢reement with Ingraham & Associates fo piYidi;`ct management and technical assistance for Cedarvale Area Study. It was recommended to approve the project management and technical services agreement with Ingraham & Associates for the Cedarvale Redevelopment Study. D. Request for draft ordinance to consider drive-thru coffee Shor)Sr It was recommended to direct staff to prepare an ordinance amendment to proiijdtf0l; iLt j e 24tE2iekClrcumstances, drive-thru coffee shops, to be reviewed by the Economic Developmenf'CoiiiiipSs?oti "'$ t14 Advisory Planning Commission. (Malin, Blomquist; Aye: 5 Nay: 0) E. Request to accept Safe and Sober Gran. It w*."W j eit to approve a resolution accepting the Safe and Sober Grant. F. Extension for recording final subdivision OCB Realtv, Inc for Eagan Woods Office Park 2rdAddition It was recommended to approve a 90 da}' extension of the recording requirement for the Eagan Woods Office Park 2^a Addition (located west of Pilot Knob Road and east of Lost Spur Country Club in the NE Vc of Section 4). G. Resolution awarding sale of Aquatic'Ceiitiaf Rtj;;penue Bonds. It was recommended to adopt a resolution approving the sale of Aquatic CenterReve.niirO >.ds, Series 1998. (Councilmember Blomquist opposed) H. Change Order No. 3 -Fire .gdministratiq�iBAfldir :1t was recommended to approve Change Order No. 3 for the Fire Administration Buildit%' piAj¢iYand authorize the Mayor and City Clerk to execute all related documents. I Contract 98-24, cancel bid letting (Blue Gentian and Blue Water Road - Utilities). It was recommended to cancel the bids and consideration of contract award for Contract 98-24 (Blue Gentian and Blue Water Road - Grading and Utilities). was re&ommended to receive the Draft Environmental Assessment Document for Hwy. 13At1d scheckkjY a public hearing for December 15, 1998. K. Authorize No Parking (2 am to 7 am). Park Cerifei Dr, arty;; 9f Dr. It was recommended to authorize the restriction of on -street parking form 2:00 a.m. to 7:00 a.m. on Park Center Drive and Cliff Drive and the posting of appropriate signage with related enforcement. L. Contract 9610. approve Supplemental Agreement No 3. Yankee Doodle Road bridge Street Improvements) It was recommended to approve SupplemetiW Agreement No. 3 to Contract 9610 (Yankee Doodle Road/I-35E Bridge - Street Improvements)"d authorize the Mayor and City Clerk to execute all related documents M Proiect 748, receive feasibility report/order public'6earirig (lohnnv Cake Ridge Rd Extension - Street & Utility Improvements). It was recommended to receive ",1leasibility report for Project 748 Uohnny, Cake Ridge Road Extension - Street & Utility Improvement3)i5$d schedule a public hearing to be held on December 15, 1998. N Vacate drainage & utilih• easements receive petition/order public hearing (Lexington Pointe 8" Addition). It was recommended to receive the petition to vacate a drainage and utibty easement and schedule a public hearing to be held on December 15, 1998. Eagan Cit) Council Meeting Mmutes; November 17, 1998 Page 4 Q Park . It was recommended to receive the.}�Cgtion to vacate:Yittious easements within Eagan Woods Office Park and schedule a public hearing tdai2}oehkgfc!}ECEpiber 15, 1998. P. Request to change Ordinance 10.17 Regulation of Ferrets It was recommended to authorize the preparation of an ordinance amendment to allow lawful ownership of ferrets in the City of Eagan. Q Proiect 752, receive feasibility report/ora Cove - Bituminous Overlay) It was recoAR Cake Ridge Road - Cliff Road to Teal Cove, held on December 15, 1998. feasibility report for Project 752 (Johnny and schedule a public hearing to be R. Contract 98-08 approve final Qavment/i141#l9M- :3 it' ma>S ti2nance (Evergreen Park & Donnvwo4 Adds -Bituminous Overlays) It was reSijmmpded'4'.4 Opo',e the final payment for Contract 98-08 (Evergreen Park & Donnywood Additions - Bituminous'O4erlays) in the amount of $15,62955 to Bituminous Roadways, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. S. Vacate drainage & utility easement was recommended to receive the petii Tranby First Addition and schedule a T. Extend construction hours. Home Depot. construction hours to 12:00 midnight for the November 18, 1998 and continuing through; all platted drainage and utility easements under tZ.AQ be held on December 15, 1998. to approve an extension of 20 Denmark Avenue begiruting U. 1999 license renewals for trash haulefs, tree contractors, stable, fertilizer applicators, tobacco & paintball facilit♦) It was recommended to approve the 1999 license renewals for trash haulers, tree contractors, stable, fertilizer applicators, tobacco and paintball facility. V. Recommendation, Airport Relations Ccu requirement. It was recommended to a pfi reiterating the City's previous position supl issuance of any waivers for noncompliance. It i by the Airport Relations Commission of Stage 11 aircraft and opposing the W. Recommendation, Airport Relations Commisskt3 reques Ar additional noise monitor locations. It was recommended to approve a recommendation by the Air it Relations Commission that the City request that the Metropolitan Airports Commission place a temporary remote noise monitor in the Valley View Plateau area for a period of at least 60 days for comparison with permanent noise monitor data. X. Recommendation, Airport Relations Commission, MASAC )tepresentative. It was recommended to approve a recommendation by the Airport Relations CommMitn to appoint Jamie Verbrugge as one of the City's two representatives on the Metropolitan Aircraft Sound Abatement Council. Y. Resignation, Advisory Planning Coditiv33ip}c'i W' **' Y4pQp.ftended to accept the resignation of Steven Burdorf from the Advisory Planning Commission. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: E&W City Council Meeting Klmu tes, November 17, 1998 Page 5 .... . .. ADWNISTRATrVE A= . NDA REQUEST FOR CONTRIBU`nON.-W—.EAGAN Sl1 R ANNIVERSARY COMMITTEE City Administrator Hedges provided aM �_*iir'6n this item. Councilmember Awada moved, Councilmember Masin seconded a motion to approve a request by the Eagan Silver Anniversary Committee for a $25,000 appropriation that would be used for fireworks and other added expenses related to the Sd4z2x.A .4.U.11 _y celebration. Aye: 5 Nay: 0 CITY City Administrator Hedges provided an W41view oR-JNs item. Councilmember Blomquist movM seconded a motion to direct the City Administrator to select a facilitator to hold -a. -retreat or -'r -66;6 --its; during 1998 with members of the 1999 City Council. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Awada seconded a motion to schedule the first retreat on December 8,1998 and to schedule the second retreat at the November 30, 1998 regular City Council meeting Aye: 5 Nay. 0 BUILDING PERMIT VIEN GOLF COURSE City Administrator Hedges provided."' o :p.a:, is Rem. Mayor Egan stated that he was uncertain about the amount of right-of-way.tbit:h d : abstract from the golf course. Director of Public Works Colbert explained that staft* Wes f,6*d,-o,btairUJ1g a right-of-way dedication in consideration ... - of the fee reduction. He added that the if6dication could be provided in the form of an easement and if the additional property is not needed to accommodate the Cliff Road expansion the easement could be vacated. Chuck Hall, representing the owp1!rs of PArkview Golf Course, stated that the budding permit is ;We plat on the westerly half of the site. He being requested for the construction of ii4 6i'o:'n:ihe'e site. He added that the dedication of further stated that no work is being do ::- right-of-way for the Cliff Road widening is premaiiiit at thissp'.'Oint since the location of the centerline of the road is unknown. Mayor Egan said if there (411ght-of-way that is not used it could be vacated. Mr. Hall commented that the widening guff Roa4,Js not before the City Council at this time Councilmember Blomquist concurred with Sir. Hall and add:that requiring right-of-way at this point would be premature since the County does not have an), plans for the widening of the Toad. Councilmember Awada asked what justification there is for reducing the amount of the assessment. Mayor Egan stated that there is only, three watey closets for approximately 80 acres of land and the facility is only used for eight to nine months of the 4,� Mr. Hall commented on the City's right to calculate the assessment at the Public Facility rate. City A4iiurustrator Hedges noted that since staff does not have the authority to reduce '. . :Qfahg ent they put together some options for the Council to consider. Councilmember Wachter stated that if the property�..':44old for redevelopment -purposes the new owners would be required to pay the assessments at that h414: Mayor Egan said that there are two separate issues that have accidentally been joined - the application for a budding permit and the widening of Cliff Road Councilmember Awada suggested that the trunk area charges should be collected at the time of further development or if the land use is changed. Discussion occurred regarding the possibility of Fagan City Council Meeting Mumutes; November 17, 1998 Page 6 reducing the amount of the assessment stonld the land be developed as R-1 since it is being calculated at the Public Facility rate. Councilmember Awada moved, Coter seconded a motion to authorize collection of the development fees at the prevailing rate for Parkview Golf Course with the exception of storm sewer trunk and water trunk fees which were deferred until the time of development or a change in land use occurs. Aye: 5 Nay: 0 Councilmember Awada stated th;#tjojyeit:ffGj¢dp> the dedication of right-of-way at this time Councilmember Blomquist concurred PUBLI - EARIN : VACATE DI(:ANAGEBi: £' k "EASEMENTS (LOT 3, BLOCK 3, wESedtr GARDENS) Councilmember Wachter moved, Councilmember Awada seconded a motion to cancel the public hearing and deny the vacation of a public easement within Lot 3, Block 3, Wescott Gardens and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 "' 1tARli4N DPDC, INC 4. City Administrator Hedges provided" overviEw pp.jjgs item. Senior Planner Ridley gave a staff report. Mayor Egan opened the public leatifig to anyone wishing to speak. The applicant's representative stated that the reason for the variance is because the building was incorrectly staked. There being no one else wishin& tgspC.Ak„►dtygr.Egan tumed the discussion back to the Council and stated that the hardship is self-evidk6k; : Councilmember Wachter moved, Council6teznber Awada seconded a motion to close the public hearing and approve a Variance of 7 feet to the requited setbA?k from a public right-of-way (Sherman Court) for 1380 Marice Drive, legally described as:jjp{ 2, Block -J7 Marice Addition located in the SW i,. of Section 10. Aye: 5 Nav: 0 OLD BUSINESS AQUATIC FACILITY NAME.SELECI•ION City Administrator Hedges provided an overview olflfus item Sue Hegarty, representing the Agael;B- . tO Committee, explained why the committee chose the names of Cascade Bay and Wescott Water Station. She further explained how the theme of each name could be used to help identify other components of tligi[3cility. Cathy Clark-Matuszak, who also served on the committee, stated that the committee tried to choose names that would convey a fun atmosphere. ;\favor Egan thanked the committee members for their hard work and creativity. Eagan City Council Meeting Minutes; Nmember 17, 1998 Page 7 Councilmember Wachter stated grit he preferred theiiiine of Cascade Bay. Councilmember Awada concurred and added that the corWittee should chooge the name for the snack bar. Cguncilmember Masin stated that for histq' W,purposes slie:tiked Wescott Water Station but asked if it would create confusion with Wescott StationpYiC::, cr(04�Ember Blomquist concurred with Councilmember Masin regarding the historical`6Shii6dd6K Mayor Egan said that he could see the potential for confusion with Wescott Station Park if the facility were named Wescott Water Station. He added that he liked the name Cascade Bay due to the association with water and he also liked the pelican theme Councilmember Wachter movedi....tfHi Aj Cifiet j?kii� as seconded a motion to name the Eagan Aquatic Facility.Cascade Bay. Aye: 5 Nay: 0 PROPOSED AQUA= FACIIM USER FEES City Administrator Hedges pro% Qtld iifrbvervii tk cti this item. Director of Parks and Recreation Vraa provided additional information adding that staff tried to make the fees user-friendly and also address the issues that were raised by the City Council at their work session. He commented on the discount pricing structure. Mayor Egan stated that the revenue neutral Councilmember Masin said she was pretty high and there will be a lot of kids wl mentioned that the family passes will ordy b that the facility will be supported by user. fes Mayor Egan stated that season passes caji bi cost will be paid for by user fees and it is important to be riied thitthe daily admission fee of seven dollars is not be able to use the facility. Councilmember Awada AWto Uph residents area good deal. She added fit'iftte added that seven dollars is the cost for a movie value. Councilmember Awada moved, Councilmember Wachter seconded a motion to set the 1999 rates for daily and season pass fees as recommended by staff and to direct staff to monitor the overall fee structure to ensure that the City remains revenue neutral, Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) Mayor Egan stated that it is important for..... Otie xible in regard to the establishment of fees and should regularly keep the Council Wormed si}ppt the o". effectiveness of the fees while remaining revenue neutral. Councilmember Blomquist said that she has been loaiEd to keep the fees low COMPREHENSIVE GUIDE PLAN AMENDMENT, NEW ULM ENTERPRISES City Administrator Hedges provided an overview on.this item. Senior Planner Ridley gave a staff report stating that shared signage and underground on needs to be addressed as part of the conditions. Jerry Dannheim, representingr3t+�v%i3iti)gsi o piisim y>as available for questions. Dale Klossner, 2025 Pin Oak Dnve, stated that maro'df the questions raised at the October 6 City Council meeting have been answered by the developer to hii satisfaction. Councilmember Masin said that a question was raised by a resident regarding the tax benefit of this development to the people living in this area. She further said that the resident stated that traffic has been increasing considerably in the area and this development will increase it further, the property values will decrease and security will be an issue. Eagan City Council Meeting Minutes, November 17, 1998 Page 8 Mayor Egan said that this is a higlt.i}uahty building ttitd hotel and will help to lessen the tax rate more so than a single story office building'. -':;i:::;::... Councilmember Awada commended &.-.' YR d 'hnd the neighbors for working to resolve the outstanding issues Mayor Egan commended the development team on the informational meeting they held with the neighbors. Councilmember Wachter moved,.trotutcitmember Awada seconded a motion to approve a Comprehensive Plan Amendment from L 3ir3tCS#iSiljLd'y:? 1f)YACommercial Planned Development . (CPD) for 2.4 acres at the southwest come of l2a}iiiGhsff#oad Rahn Way, legally described as Lot 2, Block 1, Rahn Ridge 2na Addition, in the northeast S: of Sectioc:$i. Aye: 5 Nay: 0 Councilmember Wachter moved,;oµ Aber f4aij" ' seconded a motion to approve a Planned Development Amendment for altgiife ilddd sti5 :liptlt en 2.4 acres legall} described as Lot 2, Block 1, Rahn Ridge 2n1 Addition, in the rioitheast iii 31 subject to the following conditions: This Preliminary Planned Development approves a three-story, 89 -unit extended stay hotel with a maximum building height of 46 feet. 2. The term of the PrehmirtM Planned Development shall be five years. 3. The following exhibits are requitM :10x.. l 'Pi4rmed Development Agreement. Final Site Plan Final Landscape Final Building q Final Site Li¢htii 4. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 5. The parking lot should be.designed•so thatRarking stalls do no open directly onto the south driveway and to $lMb3te:i�Qi1(7;'gtFdS:>:?� 6. The building shall be consistent in i.klutectut2tk:design, building height, and use of exterior materials as shown on the�>.proved :.uilding Elevation plans. 7. All trash/recycling containers shall be storecj*ithin the principal buildings or shall be within an enclosure designed and constructed consistent with City Code requirements 8. One ground identification sign is allowed. All signage shall comply with City Sign Code provisions. 9. The landscape plan shall be revised per COrr tints in the staff report with regard to landscapedesign, scree%Aft:6". ...:bd AR -OW revised landscape plan shall be prepared gn 8.... �;:::'..... b}' a Minnesota registereif$etst3sC,lpg:.... .tor certified nurseryperson and shall include underlying grading contours and a p*ting detail for both trees and shrubs The landscape schedule shall include botanical gepies of plant material. 10. In accordance with the Rahn Ridge 2nd Addition development contract, a cash Nater quality dedication is required prior to issuance of the building permit for this development. Fr gan Cit) Council Meeting Minutes; November 17, 1998 Page 9 11. Emergency access shall I approval of the City Fire 12. Parking lot light fixtures shglJ;: and adjacent property. Fre" security reasons, lighting shall to the way(xide of the building subject to the :000:directed away from public rights-of-way 3 doles shall not exceed 20 feet in height. For than one footcandle throughout the parking lot. 13. This hotel shall have on-site staff 24 hours a day. 14. One pylon sign is permitW# approved sign plan. An i-' ' l property shall be executed and submitted to the City prior to i 15. A berm easement ag1 proof of recording su hi�aat..,c mer of the site consistent with the 441eii -ft the church directional sign on the hotel d wit( PD Agreement, and proof of recording of the hv,{lding permit. recorded with the PD Agreement, and issuance of the building permit. 16. The berm landscape plan shall be revised to include automatic irrigation and an irrigation system shall be installed with the landscaping. Aye: 5 Nay: 0 REQUEST TO DISCUSS LOCATION Of G:ENfaATOR ON MUNICIPAL CAMPUS City Administrator Hedges provided iii overyiew.¢li.'tktls item and noted that staff only received a small amount of information from Dakota I* A i es yesterday. Councilmember Awada stated tbf there is no information available on the cost of the access road, Director of Parks and Recreation Vraa stated that the approximate cost of the road is $16,000. Citv Administrator Hedges commented on locating the generator by the Police Department and stated the City's Building Maintenance Supervisor indicated that the diesel fuel emitted by the generator could be drawn into the air intake vents of the Police Department building. Vraa added that if the generator were located by the Police Department encroidioWl .WW.*ddt3;tightwf-w,a}' would result. He further added that it would also be necessary to constik b iill $ilit t pjt; dtA generator and the Police Department building due to the 2,000 gallons of diesel fuel the gbperator goptains. He said that the construction of a wall would increase the overall cost. City Administrator Hedges noted that staff:6s beeri4i" edly preparing this information at the last minute. He added that this item had been scheduled from the last City Council meeting for tonight, but all the information is still not available. He suggested that an informational meeting be held to review all the details with the neighbors and then options can be presented to the Council. Councilmember Wachter asked if it would be possib]eto recess the generator into the ground if it is located at the southeast site. Tom Vagts, representing Dafcotil Energy Altematives Inc., stated that it may be possible to do that but the cost H:oukj.j�wg.to;bg gQnsidered Tim Dunn, 3935 Denmark Avenue, said $iaf th2 geiietator is not necessary and that the decision has been made to locate it near the residents without their ibOW- He further said it should be downsized and located on the Municipal Center Campus. He added thptt:Ole City Council should review what is needed to determine the size of the generator. He further added that there other ways to work with DEA to conserve energy and save money. City Administrator Hedges commented that all the data should be gathered allowing the City Council, staff and the neighbors an opportunity to review it. Director of Parks and Recreation Vraa stated Eagan Cttl' Cound Meeting Minutes; November 17, 1999 Page 10 that staff could get information as long 4 tiey know what thg ouncil is looking for. Mayor Egan noted that information presented originally to ttie Council needs to be'ieviewed to understand why the Council made certain decisions. Councilmember Blomquist stated tttitt:bb*' tittfC :ot a wall screening the residents from the generator should be given consideration. She fuitli 't�bted that there is more screening proposed on the Municipal Center site than what is proposed for the site adjacent to the residents. Mr. Dunn requested that no further construction of the generator occur until the issue has been resolved. Mr. Vagts explained that it womW vos:.S c?R ;to.cRu}Qletely terminate the construction of the generator. He added that completion of iiDttAt> Ltfpit;its tiyj: cpi34ntil the matter is resolved. He commented on the MPGA noise level requirementi:r operaif* of a generator. He stated that he could arrange for the Council to visit other generator sites to hear &'Jioise level firsthand. Councilmember Awada mover request for relocation of a generator on meeting. Aye: 5 Nay: 0 a motion to continue the to the December 15,1998 City Council EVEN/ODD YEAR ELECTION REFERENDUM QUESTION/SCHEDULE City Administrator Hedges Councilmember Blomquist sta place since they have the option of res said that if the new Council chooses to received a petition that specifically req Council does not take action to set an c further added that she was in agreeme State. an overview on this item. li*.AM this item should occur after the new Council is in aititiii:flien by this Council. Councilmember Awada action theyvbuld do so. She noted that the Council has UQFtgtsRtt oiSto vote on this issue. She added that if the ."ld lie as if they were not validating the petition. She wording for the ballot as suggested by the Secretary of Finance Director/City Clerk VanOverbeke stated that the only suggestion for choosing the date would be to hold the election on a Tuesday that does not follow a Monday holiday. Councilmember Masm refereni'eQ.Stq(ute; 2Qt? :.q$ked if the question could be placed on the ballot during the next General Election. Mayor Egad stated that the provision referenced in statute 20510 would not apply in this situation. City Attorney SGRldone ed that statute 205.10 identifies the process for determining when an election will tak:pjace. Councilmember Arvada suggested February 9,1999:&ihe date for the referendum. Councilmember Wachter moved, Councilmember Awada seconded a motion to set February 9, 1999 as the date for the referendum on the even/odd year election issue and approve the referendum ballot question. Susan Widmar stated that the intent of the petitioners'kas to have the question placed on the ballot during a General Election and ndt.4.W :*j 4 :065 She referenced language in the statute which states the governing body may oirdei * lot iei iilecffor Councilmember Awada said that a petition drive uldg:ionducted and was headed by one member of the City Council. She further said that the City Council otted to accept the validity of the petition and now the people who conducted the petition drive are requesting it not be put to a vote. She added that the election needs to be held in a timely fashion and not in two years. Ms. Widmar stated that the intent was for this question to be placed on the 1998 General Election ballot. Councilmember Arvada commented on the validation process and added that the City Council is following the law as prescribed Eagan City Coural Meeting Minutes; Nember 17, 1996 Page 11 by the Secretary of State and the process;j&nHfie . d . i . n the statW Mayor Egan noted that most statutory language is written in may terms to provide discretion to the:9"W'" eming body. Councilmember Blomquist statecF. CouncilmeAAW.'Aw-ad a's comments are strictly speculation and added that Councilinembel'A.,P)'?ti4d4 0:iiiA:fnvolve herself in the petition drive and does not know what the intent or reasons were of thepiftbi*is. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) ............. ..... Councilmember Masin stated thiii mi intent was to avoid the cost of a special election. N E'W-. SINE!W.*j: ORDINANCE AMt3... 7 SNOW REMOVAL City Administrator Hedges provided an overview on this item. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve an ordinance amendment to Chapter 7, Srow_Removal. Aye: 5 Nay: 0 AfjM1NkSTR-AT1V.E AGENDA NATIONAL LEAIJE OFC IES CONFERENCE City Administrator Hedges provid on this item. Councilmember Blomquist stated that she did not believe all budgeted mo�l::' ''conferences had been used and the City could pay for the cost of the lodging for the Eagan High School students. Councilmember Masin moved, 'Councilmember Awada seconded a motion to approve a request from Katie Tilley and Maya Babu to attend the National League of Cities Annual Conference in Kansas City in early December as official repreiiWtAtives.boin FAgon High School and the Eagan community and approve an appropriation for the cost *ye: 5 Nay: 0 ROLI*b TAB11-::: Councilmember Wachter commented on 6ji progress*. being made on the Aquatic Facility He also commented on a letter received from visitors from Cedittl(apids, Iowa regarding the City's exceptional trail system. He asked Councilmember Blomquist if she wanted to meet with Larry Poppler to discuss his assessment issue and asked staff to arrange for a meeting between the Public Works Committee and Mr. Poppler. Councilmember Awada said another LRT meeting : *cheduled for December I at 12:00 p.m. She noted that she attended the CVB annual meetmand commented on the excellent staff of the CVB. She mentioned that City Administrator He as today. Mayor Egan commented that next year marks the Z,5 anniversary of the CDBG Program Councilmember Masan referenced a letter that was4ii2iived pertaining to excess campaign signage and asked about the status of this matter. City Administrator Hedges noted that direction was provided by the Council to examine the City of Burnsville's sign policy. Councilmember Awada stated that this issue could be discussed at an upcoming Council retreat Councilmember Masin said she would Like this matter addressed in the near future. Eagan City Council Meeting Minutes; November 17, 1998 Page 12 Councilmember Masin expressedappreciation for As4knt Finance Director Tom Pepper's input to the h1VT'A's Finance Committee. She reryAested the Cotmcil;ftillow up on the information they' may be reading regarding the different ways the ppv".s of the MV1r?k-may be interpreted Councilmember Blomquist commented' Citk*..-Adifiinistrator Hedges' fiftieth birthday and added that he has been a real asset to the City. ADJOURNMENT The meeting adjourned at 9.10 p.yji; pkt,Z60ct!$y %Wibn for the purpose of discussing the . Olson/Berger matter, the Oak Chase neighborhood SseSiiSie*tmue, and police dispatcher negotiations. Present were Mayor Egan and Councilmembers Wirbhter, Awii 'i, Masin and Blomquist, City Administrator Tom Hedges, Director of Public WotfsTom Cclkbert, and City Attorney Jim Sheldon. MLK Date City Clerk If you need these minutes in an alternative forfokli *:*i7acge print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, ,D phone: (612) 4548535). The Cin' of Eagan is committed to the policy that aej1er14, JrgetegyI access to its programs, services, activities, facilities and employment without regard to race; yf$fon, national origin, sex, disability, age, sexual onentation, manta) status or status with reg ati:d�[¢:fi4f6'sice. y'•{}ys,