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04/07/1998 - City Council Regular0X1.16 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota April 7,1998 A regular meeting of the Eagan City Council was held on Tuesday, April 7,1998 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Planner Julie Farnham, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE MARCH 17,1998 REGULAR MEETING Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE MARCH 17,1998 SPECIAL MEETING Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 VISITORS TO BE HEARD Mike Hansel, the Interim Director of Public Affairs at Koch Refinery, commented on the recent negative publicity regarding Koch Refinery. He said that Koch is committed to fixing the problems and would be happy to meet with the Council at a later date to apprise them of what steps are being proposed to correct the situation. Mayor Egan said that the Council is appreciative of what Koch has done with regard to public relations and their proactive approach to addressing the current problems. DEPARTMENT HEAD BUSINESS DAKOTA ELECTRIC, GENERATOR City Administrator Hedges provided an overview on this item. Councilmember Wachter commented that acquiring a generator is in the best interest of the City for future needs. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to direct staff to proceed with plans, specifications and formal bidding to secure an electrical generator for the Municipal Center Campus. Aye: 5 Nay: 0 Councilmember Wachter stated that it is important for the Police Department to have a constant source of power. CONSENT AGENDA In regard to Item I, Approve a resolution of support for the improvement and expansion of the I- 35E bridge over the Mississippi River, Councilmember Wachter said the improvement and expansion is important for Eagan as well as Dakota County. He further said it is imperative for the City to support this resolution. Mayor Egan concurred adding that there is also overwhelming support from other Dakota County cities. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 7,1998 PAGE 2 00g- In regard to Item M, Street Name Change - part of Northwood Drive to Northwood Parkway, Councilmember Masin questioned if it would be appropriate to change the street name to Denmark Ave. Director of Public Works Colbert explained why that street name would not be feasible due to the planned extension of Denmark Avenue to Lone Oak Road. In regard to Item 0, Correction to the February 24,1998 Special City Council minutes, Councilmembers concurred with the correction to the minutes as presented, as well as Councilmember Wachter's further clarification. In regard to Item Q, Contract 98-03, receive bids/ award contract (Oak Chase Add. - Street Reconstruction), Councilmember Blomquist indicated she would be abstaining from voting on this item. Rick Arbour, 4467 Oak Chase Lane, inquired about the different bid amounts that were presented in two separate memos pertaining to Alternate No. 1, street reclamation. Director of Public Works Colbert explained that the amount contained in the first memo. did not reflect the total contract amount. Mr. Arbour asked if the final assessment will be $3,496. Director of Public Works Colbert said that the final assessment will be based on actual contract quantities and cost incurred and $3,496 is a revised estimate based on bids received. Mayor Egan commented that the bid amounts were 33 1/3% below the preliminary estimate, Councilmember Blomquist stated that this figure does not reflect the fact that several homes were removed from the project. Mayor Egan said it was still substantially below the estimate. Director of Public Works Colbert referenced the favorable bid that was received and suggested that the Council might want to consider authorizing the pending assessment roll to be modified accordingly to reflect the actual bid. Councilmember Masin moved, Councilmember Wachter seconded a motion to authorize the pending assessment roll to be modified to reflect actual bids. Aye: 4 Nay: 0 (Councilmember Blomquist abstained) In regard to Item S, Project 717R, receive petition/order public hearing (Country Home Heights - Street Imp.), Councilmember Blomquist referenced the type of road repair being requested on the petition and questioned if this was put on the petition prior to the signatures. Cherie Coffman, 1391 Ranier Lane and Leah Lencowski, 1383 Ranier Lane, stated that the type of road repair being requested did appear on the petition prior to receiving any signatures. They indicated that the repair being requested was based on input received from other residents in the area. Councilmember Awada said that she was more interested in the improvement project now since the cost has been reduced. In regard to Item V, Approve lease agreement with Worldcom Network Services, Inc. (Parkland Access - Fiber Optic Cable Installation), Councilmember Wachter asked about the use of the fiber optic cable. Director of Public Works Colbert stated that Worldcom requested that this item be continued to the May 5,1998 City Council meeting and said he would provide clarification at that time. Councilmember Wachter also raised a question regarding the access points and about compensation for use of City property. Director of Public Works Colbert said that the license agreement addresses the questions of access. He added that the City is in the process of negotiating compensation. In regard to Item DD, Final Subdivision, Pinetree Pass 15t - Lundgren Bros., City Administrator Hedges commented on action taken by the Dakota County Plat Commission. Director of Public Works Colbert explained the action taken pertaining to right-of-way and added that future subdivisions may require the processing of a variance to the back yard or side yard setbacks. A. Personnel Items Item 1. It was recommended to approve the hiring of Chad Darnell as a seasonal engineering intern. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 7,1998 W1118 PAGE 3 Item 2. It was recommended to approve the hiring of Alicia Flynn as a seasonal naturalist. Item 3. It was recommended to approve the hiring of Kimberly Dyer and Dave Jungers as seasonal park maintenance workers. Item 4. It was recommended to approve the hiring of Patricia Crane, Delbert Keene and Kathryn Pletcher as seasonal park attendants. Item 5. It was recommended to approve the hiring of Andrew Koppang, Nick Scharftbillig and Paul Whisehand as seasonal ballfield attendants. Item 6. It was recommended to approve the hiring of Guyal Aanestad as a seasonal skating instructor. B. Resignation, Tim Gallagher, Airport Relations Commission, and direction for appointment for replacement. It was recommended to accept the resignation of Jim Gallagher from the Airport Relations Commission and make a determination regarding filling the vacancy. C. Approval of foundation and footings contract for Fish Lake Alum Dosing Station, Contract 98-02. It was recommended to approve a contract with Jay Brothers to construct the concrete footings and foundation for the Fish Lake alum dosing station. D. Exemption from Lawful Gambling License, Valley Viewers 4-H Club to conduct bingo at the Fourth of 98-30 July celebration. It was recommended to approve a resolution providing for an exemption from the lawful gambling license requirement for the Valley Viewers 4-H Club to conduct bingo on July 3 and 4, 1998 at Sky Hill Park in conjunction with the Fourth of July celebration. E. Approve General Fund fund balance transfer and reservation changes. It was recommended to approve the following adjustments to the General Fund balance, all effective as of December 31, 1997: 1) To remove the $500,000 reserved for abatements. 2) To designate $2,415,000 for defeasance of four (4) general obligation bond issues. 3) To transfer $1,700,000 to the Equipment Revolving Fund. F. Approve reservation of reserve in Community Investment Fund for the Civic Arena Bonds. It was recommended to set up a reserve account in the Community Investment Fund for the maximum annual debt service on the Ice Arena Gross Revenue Bonds, Series 1998B, in the amount of $129,050. 98-31 G. Approve resolution authorizing sale of Civic Arena Gross Revenue Bonds. It was recommended to approve a resolution awarding sale of $1,565,000 Ice Arena Gross Revenue Bonds, Series 1998B, fixing the form and specifications thereof, providing for their execution and delivery, and providing for their payment. H. Reject bids, Rahn Park tennis court. It was recommended to reject all bids for Contract 98-04, the repair of Rahn tennis courts, and authorize staff to serve as construction managers for the project. I. Approve a resolution of support for the improvement and expansion of the I-35E bridge over the 98-32 Mississippi River. It was recommended to approve a resolution of support for the expansion of the I-35E bridge over the Mississippi River and authorize the Mayor and City Clerk to execute all related documents. J. Accept grant awarded by the Minnesota Auto Theft Prevention Program. It was recommended to 98-33 formally accept the $49,300 grant awarded the City of Eagan by the Minnesota Auto Theft Prevention Program. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 7,1998 00119 PAGE 4 K. Request for public hearing, certification of delinquent utilities, May 5, 1998. It was recommended to schedule a public hearing for Tuesday, May 5, 1998 to consider certification of delinquent utilities to the property tax rolls. 98-34 L. Final Plat, Wohlers Addition. It was recommended to approve the Final Plat for Lot 1, Block 1, Wohlers Addition, located at 3345 Lexington Avenue in the SE Quarter of Section 10. M. Street Name Change - part of Northwood Drive to Northwood Parkway. It was recommended to approve a public street name change from Northwood Drive to Northwood Parkway located north of Denmark Avenue and west of Lexington Avenue. N. Final Subdivision - Eagandale Corporate Center No. 4. It was recommended to approve the Final 98-35 Subdivision for Eagandale Corporate Center No. 4 consisting of two lots located north of Yankee Doodle Road and east of Discovery Road in the SW Quarter of Section 11. 0. Correction to the February 24,1998 Special City Council minutes. It was recommended to approve the correction to the February 24, 1998 Special City Council minutes, as further modified. P. Contract 98-08, approve plans/authorize ad for bids (Donnywood and Evergreen Additions - Street Improvements). It was recommended to approve the plans for Contract 98-08 (Donnywood and Evergreen Park Additions - Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 30, 1998. Q. Contract 98-03, receive bids/award contract (Oak Chase Add. - Street Reconstruction). It was recommended to receive the bids for Contract 98-03 (Oak Chase Additions - Street Improvements), award the contract to McNamara Contracting, Inc., for the alternate bid in the amount of $207,630.00 and authorize the mayor and City Clerk to execute all related documents. Councilmember Masin moved, Councilmember Wachter seconded a motion to authorize the pending assessment roll to be modified to reflect actual bids. Aye: 4 Nay: 0 (Councilmember Blomquist abstained) R. Ratify appointment of commissioner to the Black Dog Watershed Commission. It was recommended to ratify the appointment of Jo Colleran (Apple alley Natural Resources Coordinator) as the full commissioner representing the Cities of Eagan and Apple Valley on the Black Dog Watershed Commission. S. Project 717R, receive petition/order public hearing (Country Home Heights - Street Imp.). It was recommended to receive a petition and schedule a public hearing for May 5,1998 for Project 717R (Country Home Heights - Street Improvements). T. Project 724, approve land purchase agreement with Inver Grove Heights & N.S.P. (So. Lakes Water Tower). It was recommended to approve the acquisition and transfer of title to land for the Southern Lakes Water Tower and authorize the Mayor and City Clerk to execute all related documents. U. Approve lease agreements with US West Wireless (PCS Antennae Installations - Safari and Deerwood Reservoirs). It was recommended to approve lease agreements with US West Wireless for the installation of antenna panels with related ground support equipment on the Safari and Deerwood Water Reservoirs and authorize the Mayor and City Clerk to execute all related documents. V. Approve lease agreement with Worldcom Network Services, Inc. (Parkland Access - Fiber Optic Cable Installation). It was recommended to continue the license agreement with Worldcom Fiber-Optic Co. to the May 5,1998 City Council meeting. W. Receive petition/order public - vacate public right-of-way & drainage & utility easement (Meadowview Road). It was recommended to receive the petition to vacate a portion of Meadowview EAGAN CITY COUNCIL MEETING MINUTES; APRIL 7,1998 PAGE 5 O( 120 Road west of Alexander Road and east of the Canadian Pacific Railroad, and schedule a public hearing to be held on May 5,1998. X. Project 736, receive feasibility report/ schedule public hearing (Grand Oak Business Park - AUAR Environmental Review and Internal Traffic Stu. It was recommended to receive the feasibility report for Project 736 (Grand Oak Business Park - Alternative Urban Areawide Review and Internal Traffic Study) and schedule a public hearing for May 5,1998. Y. Proclamation, observing April 22,1998 as Business Women's Network Day in Eagan and the week of 98-36 April 19 - 25 as Recognize the Possibilities - Women in Business Week. It was recommended to approve a resolution proclaiming April 22,1998 as Business Women's Network Day and the week of April 19 - 25 as Recognize the Possibilities - Women in Business Week. Z. Construction/ Demolition debris hauler license for THE of Monticello, Inc. It was recommended to approve a construction/ demolition debris hauling license for JME of Monticello, Inc. as presented. AA. Award bid, ice resurfacer. It was recommended to receive bids and award the contract for ice resurfacer to Frank J. Zamboni, Inc. in the amount of $59,500 and request Eagan Hockey Association to place the order. BB. Multiple Dwelling/ Commercial trash hauler license for New Earth Services, Inc. It was recommended to approve a multiple dwelling/ commercial trash hauler license for New Earth Services, Inc. as presented. CC. Fish Lake Clean Water Partnership Project - grant contract extension. It was recommended to 98-37 approve a resolution extending the grant contract for the Fish Lake CWP Project to July 4, 1999. DD. Final Subdivision, Pinetree Pass 15' - Lundgren Bros. It was recommended to approve a Final 98-38 Subdivision (Pinetree Pass) consisting of 4 lots and 2 outlots on approximately 69 acres located south of Cliff Road, east of Walden Lane and Thomas Drive, west of Cambridge Drive and Covington Lane, north of Wellington Way, in the NE 1/4 of Section 33 subject to the conditions recommended by the APC. EE. Re-approve bid package no. 3, Civic Arena. It was recommended to approve the corrected amount for bid package #3, Civic Arena - Phase II, in the amount of $95,094 for Gladstone Construction. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS PROPOSED AMENDMENTS TO THE FINANCING OF THOMAS LAKE APARTMENTS PROJECT City Administrator Hedges stated that since the necessary documents were not in final form, the public hearing would be opened and closed, but no formal action was necessary at this time. Mark Moorhouse, the project owner's representative, was available for questions. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Masin moved, Councilmember Awada seconded a motion to close the public hearing. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 7, 1998 PAGE 6 0011 PROJECT 663, VALLEY VIEW PLATEAU STREET & UTILITY IMPROVEMENTS City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Mark Hanson, Bonestroo, Rosene, Anderlik & Associates, discussed the details of the project. Councilmember Wachter asked if the asbestos is detrimental to human consumption. Director of Public Works Colbert explained that a section of the pipe was tested for structural strength and degenerative properties of the asbestos. He said that pipe is structurally sound and because the pipe is cement lined it provides a protective barrier from the asbestos particles; therefore, there are no safety hazards. He added that one of the advantages of installing a new watermain is to facilitate the replacement of the individual services, since the existing services are constructed of plastic and are difficult to locate. He further added that the primary benefit of the alternate would be the convenience of construction and minimal inconvenience to property owners. He stated that since this is the only asbestos lined pipe in the City of Eagan modification and repair is more difficult. Mayor Egan opened the public hearing to anyone wishing to speak. Tom Monahan, 2840 Highview Terrace, provided historical background on the installation of the water system and road construction in this development. He stated that the roads are in need of repair, but added that not much maintenance has been done to them. He said it probably makes sense to proceed with the full improvement. He questioned the assessment amount and the appraisal process used in determining the assessments. Mayor Egan explained that there are quantifiable ways of determining increases to property value. He said the Council believes the system is fair and equitable and needs to be applied uniformly to everyone. City Attorney Sheldon explained the appraisal process used in determining assessments and why the appraisals are considered private data. Margaret Sullivan, 1478 Bridgeview, asked if the preliminary and final appraisals are conducted on the same properties by the same appraiser. City Attorney Sheldon indicated the appraisals are conducted in this manner provided that the City has the property owner's permission. Ms. Sullivan inquired about the difference in the costs contained in the original draft and the feasibility report. Director of Public Works Colbert explained that the preliminary costs are estimates only and the final assessment will be based on actual costs. Mayor Egan stated that if the bids are 10% greater than the estimate the Council can reject the bid. He added that some project bids are much lower that the estimated cost. He noted that with regard to another project that is currently ongoing the bids received were about one-third below the estimated cost. Councilmember Blomquist said that with regard to the other ongoing project there was another addition that was initially included in the estimated project cost and has since been removed and may result in a reduction less than one-third. Mayor Egan stated that the bid result was still dramatically lower than originally estimated. Joe Kurhajetz, 2850 Sibley Hills Drive, objected to the storm sewer assessment. He said they were assessed in the early 1970's and should not be assessed a second time. Director of Public Works Colbert explained why Sibley Hills Drive is being assessed for storm sewer. He added that the existing system is being extended and that this is considered the second phase. Nader Nooryshokry, 2840 Sibley Memorial Highway, said the property he owns is currently one lot, but has the potential to be subdivided into three lots. He further said he cannot afford the $48,500 assessment for all three lots. Director of Public Works Colbert noted that two years ago the City Council approved a preliminary plat for this property but the developer never proceeded with the final plat. Councilmember EAGAN CITY COUNCIL MEETING MINUTES; APRIL 7,1998 PAGE 7 122 Awada stated that the City Council has made arrangements with property owners in similar situations to defer the assessments until such time that they subdivide the property. Mayor Egan said that it would be appropriate to discuss possible deferral at the time of the final assessment hearing. Bob Cooper, 1472 Highview Avenue, stated that he will not receive any benefit from these improvements and is opposed to the assessment. Hal Goetzke, 1535 Highview Avenue, stated that the map identifying the affected parcels is incorrect and indicates he has two lots, but rather he only has one. Mr. Monahan said that he feels the appraisal process is secretive and should be more open. Mayor Egan commented that the Council made a policy decision based on a recommendation from the City Attorney's office. City Attorney Sheldon further clarified the appraisal process and the rational for determining assessments by this method. Mary Monahan, 2840 Highview Terrace, indicated that the part of the appraisal process they are questioning is why the homeowner whose property was appraised is not able to obtain the appraisal amount. She said that she had the wrong information. City Attorney Sheldon clarified that the appraisal figures are available but not the process for determining the appraisals and actual appraisals. Mayor Egan said that the Council had discussed releasing information on appraisals where the appeal time has expired. Sheldon stated that it is the City's call whether to release the information or not. He added that the Minnesota State Department of Administration is in the process of addressing this issue. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. He stated that all the points raised were valid. He mentioned that these improvements were identified in the C.I.P. He added that everyone has to pay their fair share of the cost. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve Project 663 (Valley View Plateau - Street and Utility Improvements) and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) VACATE DRAINAGE AND UTILITY EASEMENT - PINETREE PASS City Administrator Hedges provided an overview on this item. City Engineer Russ Matthys gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Awada moved, Mayor Egan seconded a motion to close the public hearing and approve the vacation of public easements within Pinetree Pass Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VARIANCE - JOHN VOGSTROM LOT 54, BLOCK 1, MALLARD PARK 4TH ADDITION City Administrator Hedges provided an overview on this item. Planner Farnham gave a staff report. John Vogstrom, applicant, stated that he has talked to Water Resources Coordinator Rich Brasch and Engineering Technician Craig Knudsen and has tried to design the house to try and save the significant trees on this site. He said that saving trees was the main reason for requesting the variance. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 7,1998 00123 PAGE8 Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve a 7.5 foot variance to the required 30 foot front yard building setback from a public right-of-way for Lot 54, Block 1, Mallard Park 4th Addition, located at 4329 Woodgate Lane North in the NE 1/4 of Section 29. Aye: 5 Nay: 0 OLD BUSINESS CONDITIONAL USE PERMIT - AT&T WIRELESS SERVICES City Administrator Hedges provided an overview on this item. Planner Farnham gave a staff report. Councilmember Blomquist asked how far the tower will be from Cliff Road after it is widened. Peter Beck, representing AT&T, stated that the proposed tower will be 160 feet from the new right-of-way line. Councilmember Wachter asked about the tower requirements needed to provide adequate coverage. Mr. Beck clarified the search area to be serviced by the tower. He explained that there is some flexibility available to locate the tower further to the north or west but not to the south. He said that locating the tower more than 50 to 100 feet from the proposed location will be problematic. He identified the various locations of other AT&T communication sites in the metropolitan area. Councilmember Wachter stated that it did not appear that the City's consultant had examined the area to the south in Ohmann Park for the location of this monopole. Mr. Beck explained the problems associated with locating the tower further south. Councilmember Wachter asked if co-location is possible on the proposed site. Mr. Beck said that would be possible. He said it was not possible to locate the pole by the clubhouse because it is located within a setback area. He further said that AT&T has been trying their best to find a suitable location for the tower but there are very few options available. Mayor Egan referenced the report prepared by Jeff Nelson, W.M. Montgomery & Associates, the consultant hired by the City to study the proposed site and other potential locations. He asked Chuck Hall, representing Parkview Golf Course owner Don Larsen, if there were any other sites Mr. Larsen could consider for the monopole. Mr. Hall stated that all the other possible areas do not meet City Code requirements. He discussed the widening of Cliff Road and the impact to the parking lot and the replacement of the club house. He added that after the clubhouse is replaced there will not be enough room to accommodate the monopole. He mentioned the 200 year old oaks on the site and said that they do not want to remove any of them. He addressed the problems associated with moving the service building to another area on the golf course. Doug Carlson, a member of the audience, said he had a conversation with Don Larsen and suggested to him that the monopole be located by the sixth hole. He stated that he was concerned that the location of the monopole may prevent the widening of Cliff Road. Mayor Egan asked if the proposed location of the tower would impact the right-of-way for Cliff Road following expansion. Director of Public Works Colbert said it would not have any impact on the right-of-way. Further discussion occurred regarding other potential locations for the monopole and the possibility of utilizing County property. Councilmember Masin questioned if this site is better than the EAGAN CITY COUNCIL MEETING MINUTES; APRIL 7,1998 PAGE 9 water treatment plant site which was previously proposed. Councilmember Blomquist said she would not want to reconsider that site. Mayor Egan stated that the Council would be betraying the trust of the residents in that area and would impact more residents than locating the monopole on the golf course. Councilmember Wachter stated that the site originally proposed may be better than the golf course site. Mr. Beck stated that the setback requirements have changed and the proposed use may no longer be in compliance on this site. Mayor Egan stated that the recommendation of the City's consultant appears to leave the City with no choice but to locate the tower on the golf course site. Councilmember Wachter said he was disappointed that the consultant did not check to see if the monopole could be located within Ohmann Park. Eric Jensen, 4614 Parkridge Drive, questioned if the monopole could be located by the sixth hole. He stated that it did not appear that AT&T had planned well for the placement of the existing and future communication towers to adequately provide coverage. Mr. Beck explained why the location near the sixth hole was not acceptable and also offered an explanation regarding the placement of existing and future towers. 00124 Jeff Baillif, 4623 Parkridge Drive, stated that the information being presented by AT&T, as well as their needs, keep changing depending upon the forum they are presenting to. He questioned if the search area could be reached if the height of the monopole was increased and the location moved further to the south. Mayor Egan noted that the information received from the City's consultant concludes that there is probably not another feasible site. Councilmember Wachter reiterated that he was uncomfortable due to the fact that the City's consultant did not consider Ohmann Park as a possible site for the monopole. Mr. Beck stated that this site is too far south. He mentioned that the consultant had examined the area to the south of the proposed site but they were not suitable. He added that increasing the height of the monopole would send the signal further but would not meet the needs because the coverage area is very irregular. Councilmember Masin stated that other communication companies are able to provide good coverage without impacting residential areas. She questioned how many poles are going to be installed in this area. City Administrator Hedges commented about the questions raised by Mr. Jensen concerning pole locations and said that the City Council approved an ordinance addressing co-location of antennae on existing towers. He asked if the antennae could be located on electric poles. Mr. Beck stated that the height of the poles is problematic. Councilmember Blomquist said that she cannot believe that with the open space that is available there is not a suitable location for monopoles. She further said she was in favor of denying this application because of the impact to the residents and because AT&T did not look at other possible locations on this site for the monopole. Councilmember Blomquist moved to deny the Conditional Use Permit. The motion failed for lack of a second. Councilmember Awada stated that the City Council tried everything to find a more suitable location and mitigate the impact to the residents. She said the only thing not tried was to approach the County to see if they would allow a road to be placed through their property, which would be very unlikely according to staff. She added that the Council has no choice at this point and is already involved in a lawsuit with AT&T. She further added that if this request is denied there will be another lawsuit and the City would likely lose. She stated that she reluctantly supported approving this request. 001 G5 EAGAN CITY COUNCIL MEETING MINUTES; APRIL 7,1998 PAGE 10 Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Conditional Use Permit to allow a 100' tall communication monopole and equipment building on the NE portion of the Parkview Golf Course at 1310 Cliff Road located in the NW quarter of Section 34 subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 90 days of City Council approval. 2. The Conditional Use Permit provides for a 100-foot tall communication monopole and an equipment building as shown on the site plan dated January 19,1998. 3. No equipment or antennas may exceed 100' in height. 4. A building permit shall be obtained for the erection of the monopole and equipment building. 5. The applicant shall provide the City documentation, from a structural engineer, confirming the structural integrity of the proposed monopole. 6. No signage other than for public safety warnings or equipment information shall be affixed to the tower or equipment building. 7. No artificial illumination shall be allowed on the tower except when required by law or by a governmental agency. 8. Landscaping shall be completed by June 1, 1998, 9. The applicant shall provide co-location opportunities, if technologically feasible to other wireless service providers. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) Councilmember Blomquist stated that she has never worked with a more difficult applicant who is so unwilling to work with the City. NEW BUSINESS CONDITIONAL USE PERMITS - ABF FREIGHT, INC. report. City Administrator Hedges provided an overview on this item. Planner Farnham gave a staff Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve a Conditional Use Permit to allow the outdoor storage of trucks and trailers on property located at 2750 Lexington Avenue, Lots 3, 4, 5, and 6, Plainview Addition in the NW 1/4 of Section 2 subject to the following conditions: 1. This Conditional Use Permit shall be recorded at the Dakota County Recorder's office within 60 days of its approval. 2. The site improvements identified on these plans shall be installed in conjunction with the expansion of the building and shall be completed prior to issuance of the Certificate of Occupancy for the new building. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 7,1998 0012G PAGE 11 3. The landscape plan shall be revised to provide a variety of species of evergreen trees and to provide for irrigation of landscaped areas. All plant materials shall meet minimum size requirements in the City Code. 4. The developer shall obtain a Dakota County permit for the proposed grading within the Lexington Avenue (Country Road 43) right-of-way. 5. The storm water runoff rate from the pond after full development shall be equal to or less than the current runoff rate from the site. 6. On-site ponding shall be constructed to meet the City's requirements as shown on the grading plan dated March 4, 1998. 7. The existing monument sign shall be removed from the Lexington Avenue right-of-way and relocated. The new sign location shall provide for a minimum ten foot setback from all property lines and the sign must comply with the other requirements of the Eagan Sign Code. 8. The developer shall employ tree protective measures and contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the Tree Preservation Plan. All parking and storage areas shall be properly maintained in good repair. Aye: 5 Nay: 0 Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Conditional Use Permit to allow the service and repair of trucks and trailers on property located at 2750 Lexington Avenue, Lots 3, 4, 5, and 6, Plainview Addition in the NW 1/4 of Section 2 subject to the following conditions: 1. This Conditional Use Permit shall be recorded at the Dakota County Recorder's office within 60 days of its approval. All truck service and repair activity shall take place within the building. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - GLOBAL SPECIALTY CONTRACTORS report. City Administrator Hedges provided an overview on this item. Planner Farnham gave a staff Terry Foster, representing the applicant, said that the Eagan City staff has been exceptional to work with. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Conditional Use Permit to allow the outdoor storage of trucks and materials related to the operations of a construction contractor on property located at 3220 Terminal Drive, Lot 2, Block 2, Sibley Terminal Industrial Park, in the SE 1/4 of Section 8 subject to the following conditions: This Conditional Use Permit shall be recorded at the Dakota County Recorder's office within 60 days of its approval. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 7,1998 PAGE 12 2. The site improvements identified on these plans shall be installed and completed by July 31,1998. 3. Outside storage shall be limited to trucks and materials related to the operations of a construction contractor including boom trucks, auger trucks, dump trucks, finished parts for large structures such as communication towers, spools of coaxial wire used in construction projects, and electronic highway signs. 4. The applicant shall obtain a grading permit from the City prior to the construction of the proposed outdoor storage and parking areas. Detailed plans for this grading work must be prepared and signed by a registered professional engineer. 5. The proposed parking lot area shall be surfaced with bituminous asphalt. 00127 6. If recycled asphalt is used for the outdoor storage areas, the site will be subject to periodic review by City staff for adequacy of the material to control dust and drainage. The first review will occur two years following approval of this permit. If the material is determined to be inadequate, the City will require that it be replaced with bituminous asphalt. 7. All parking and storage areas shall be properly maintained to prevent deterioration. 8. The complete photometric lighting plan and detailed plans of the light standards and fixture type shall be submitted to the City for review and approval prior to release of the Conditional Use Permit for recording. On-site lighting shall not be directed upon public rights-of-way or adjacent properties. Such illumination shall be indirect and diffused. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA Mayor Egan noted that an Executive Session was held prior to the regular City Council meeting in conjunction with the Special City Council meeting. SCHEDULE DATE FOR COMPREHENSIVE GUIDE PLAN WORKSHOP Councilmember Wachter moved, Councilmember Awada seconded a motion to schedule Special City Council meetings for April 29 and 30 at 4:30 p.m. Aye: 5 Nay: 0 Resident Rick Beane inquired about winter trail maintenance in the City. City Administrator Hedges explained that this item was discussed at the work session prior to the regular City Council meeting and tentative dates are being considered for a community meeting. ROUND TABLE City Administrator Hedges mentioned that he went to the City of St. Peter to help with the tornado cleanup. Councilmember Wachter commented on an article contained in Dakota Electric's "Circuit" newsletter regarding converting waste products into gypsum board. He said he was concerned about the proliferation of signs advertising for weight loss, work at home opportunities, and excess signage at gas stations. He further said that the Sign Code needs to be enforced in these situations. EAGAN CITY COUNCIL MEETING MINUTES; APRIL 7,1998 00128 PAGE 13 Councilmember Masin commented that last Thursday Congressman Oberstar visited the MVTA and the Burnsville City Hall. She stated that Mayor Egan, Councilmember Blomquist and she attended the Cable Access Volunteer Recognition awards last Friday. She said that a super group of people work for the cable company. She inquired about doing a videotape of people in the community who are knowledgeable about Eagan's history. Councilmember Blomquist thanked Mayor Egan for reading the National League of Cities' brochure which helped to explain the dilemma the City Council was faced with in regard to AT&T's CUP application. She said that she did not think anyone on the Council really wanted to vote for the CUP and that she could not make herself do it so to get the rest of the Council off the hook she cast the no vote. She stated that it is unfortunate when someone is so antagonistic to deal with and does not want to seem to help or do anything. She mentioned that she received some letters questioning the high cost of the proposed aquatic facility in relation to the cost of swimming facilities in other cities. CHECK REGISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated April 2,1998 in the amount of $1,904,251.78. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 10:20 p.m. April 7, 1998 Date MLK City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance.