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07/01/1997 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota July I, 1997 OtZ24 A regular meeting of the Eagan City Council was held on Tuesday, July 1, 1997 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, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA City Administrator Hedges explained why the City Council holds Executive Sessions. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE JUNE 17,1997 REGULAR MEETING Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 Councilmember Blomquist requested that on page 15 under Visitors To Be Heard, the reference to APrC Member should be deleted. Councilmembers Awada and Wachter agreed to amend the motion and the minutes wer-e approved as amended. Aye: 5 Nay: 0 MINUTES OF THE. JUNE 17,1997 SPECIAL MEETING Councilmember Awada requested that on page one, the first sentence in the fifth paragraph should read, "City Councilmember Awada stated that saving money by coordinating construction time is essential and should be a determining factor with regards to winter vs. spring constmction." She also. requested on page two, the first sentence in the fourth paragraph should read, "City Councilmember A wada suggested closing Slater Road, on the Burnsville border, therefore, eliminating many of the traffic problems." CounciImember A wada moved, Councilmember Blomquist seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 VISITORS TO BE HEARD Maxine Piekarski, 3350 Highway 55, stated that Northern States Power is proposing to install a transmission line within 50 feet of her property. She asked if the City was aware of this installation. Director of Public Works Colbert explained that the City was aware of NSP's intent to install the power line because of the need for NSP to acquire a City easement. He indicated that a utility company has the authority to install the line and the City is not involved in that decision. Ms. Piekarski asked about the removal of trees in the easement and whether it will meet the requirements of the Tree Ordinance. Director of Public Works Colbert stated that there is a certain allotment of trees that can be removed for a public improvement. Ms. Piekarski asked how close the line could be installed to their house. Director of Public Works Colbert said that the City ordinance does not have a setback requirement for a public utility. He explained that the condemnation process will allow the homeowners to present their case in court. Rollie Crawford, representing Horne Development, stated they were concerned about the construction of the Fire Administration building and the potential impact on the Kingswood development. He requested a meeting with City staff and the architect. City Administrator Hedges stated that staff would be willing to arrange a meeting. EAGAN CITY COUNCIL MEETING MINUTES; JULY 1, 1997 PAGE 2 0('225 DEPARTMENT HEAD BUSINESS CONSIDERATION OF SECOND SHEET OF ICF/MIGHTY DUCKS GRANT City Administrator Hedges provided an overview on this item. CONSENT AGENDA Director of Public Works Colbert noted that after review of the bids submitted for Contracts 97-07 and 97-11, Items 0 and P, a discrepancy was found in the low bid amount and the new bid amounts are slightly higher. In regard to Item B, Agreement, Cost Participation and Indemnification, Environmental Remediation, 855 Lone Oak Road, Councilmember Blomquist asked about the estimates for management and remediation. Assistant to the City Administrator Hohenstein explained that the extent of remediation costs will not be known until the building is removed. He mentioned that with regard to the TIF development by Roseville Properties on Highway 55 it is necessary to approve an assignment agreement since the owner has now formed two partnerships. He added that the assignment agreement included a clause releasing the initial developer, but on advice of legal counsel it was suggested that the clause be removed. This item was added to the consent agenda as Item BB for approval. In regard to Item Q, Authorize preparation of plans and specifications, Fire Administration Building Project, Boarman, Kloos, Pfister, Vogel & Associates and approve construction financin~ plan including resolution for use of Cable Franchise Fees, Councilmember Blomquist stated that she disagreed with the statement that other cities are criticized by the industry in its efforts to remove franchise fee authority from local units of government. She requested that the resolution be strengthened and re- worded. She noted that the training will cost more than the franchise fees being allotted and the City will also be contributing funds. A. Personnel Items Item 1. It was recommended to accept the resignation of Elizabeth Riel as a part-time Building Maintenance Worker. Item 2. It was recommended to approve the hiring of Richard Johnson as a part-time Building Maintenance Worker. Item 3. It was recommended to approve the hiring of Paul Whiseand and Karl Ulfers as part-time seasonal Skate Guards. Item 4. It was recommended to approve the hiring of Aaron Fitzloff and Aaron Hunter as part-time seasonal Civic Arena Supervisors. Item 5. It was recommended to approve the hiring of Ben Anderson and Jeff VanOverbeke as seasonal Street Maintenance Workers. Item 6. It was recommended to approve the hiring of Ryan Newmann as a seasonal Park Maintenance Worker. Item 7. It was recommended to approve the hiring of Judy Forde as a part-time seasonal Program Instructor. Item 8. It was recommended to approve the hiring of Jim Renneberg as a seasonal intern in the Planning Division. EAGAN CITY COUNCIL MEETING MINUTES; JULY 1, 1997 PAGE 3 OC226 Item 9. It was recommended to approve the hiring of Michael Mootz as a part-time seasonal Basketball Official/Referee. Item 10. It was recommended to approve the hiring of Meghan Doherty and Jake Groff as part-time seasonal Recreation Leaders. Item 11. It was recommended to approve the hiring of Damon Johnson as a part-time seasonal Recreation Assistant. Item 12. It was recommended to approve the hiring of John LeMieux as a Street Maintenance Worker, contingent on successful completion of the City's physical examination requirement. B. A&reement, Cost Participation and Indemnification, Environmental Remediation, 855 Lone Oak Road. It was recommended to approve an agreement between the City and RPMC Development Company and Terminal Eagan III for an equal participation in the costs of remediation of contaminated soils at 855 Lone Oak Road in the Highway 55 redevelopment district. C. Transfer of property, 855, 845, 835 and 821 Lone Oak Road to Roseville Properties, Hwy. 55 Redevelopment District. It was recommended to approve a transfer of property at 855, 845, 835 and 821 Lone Oak Road, acquired as a part of the redevelopment activity associated with the Highway 55 redevelopment district to Roseville Properties and its successors, RPMC Development Company, LLC and Terminal Eagan III, LLC, common developers of the Eagan Business Commons. D. Final Subdivision, Roseville Properties for Eagan Business Commons. It was recommended to approve a Final Subdivision (Eagan Business Commons) consisting of four (4) lots on 26 acres located at the northwest corner of Lone Oak Road and T.H. 149 in the SW 1/4 of Section 2. 97-49 E. Contract, Dakota County Housing and Redevelopment Authority, acquisition of Lawrence Avenue and Linde Lane properties, Hwy. 55 Redevelopment District. It was recommended to approve a contract between the City and the Dakota County HRA for the acquisition of the Lawrence A venue and Linde Lane properties for incorporation in a commercial redevelopment associated with the Highway 55 redevelopment tax increment district. F. Recommendation, Economic Development Commission, Amendment of Revolving Loan Fund Guidelines, Application Deadlines. It was recommended to continue consideration of an amendment to the City's revolving loan fund guidelines to establish application deadlines as presented. G. Project 682, approve assessment deferral agreements (Deerwood Townhomes - Utilities). It was recommended to approve the assessment deferral agreements (Deerwood Townhomes - Utilities). (Under the Round Table, a motion was made by Awada, seconded by Wachter to delete a "art of the assessment for Proiect 682 from $116,987 to $104,304 and schedule a new public hearinf for AUfUst 5,1997 for the Francis Franz property.) H. Delete condition of approval for Eal!andale Center Industrial Park No. 12 - MEPC. It was . recommended to approve a deletion of Condition #2 of the Development Contract for the Eagandale Center Industrial Park No. 12 Addition. I. Final Subdivision, Tri-Land for Majestic Oaks. It was recommended to approve a Final Subdivision (Majestic Oaks) of 10 single family lots and one outlot consisting of 19 acres located north of Cliff Road, west of Highway #3 in the SE 1/4 of Section 25. 97-50 J. Approval to proceed with design to Fish Lake alum dosing station. It was recommended to authorize the preparation of detailed designs and specifications and other bid documents for Contract No. 97-12 (Fish Lake alum dosing station). EAGAN CITY COUNCIL MEETING MINUTES; JULY 1, 1997 PAGE 4 OC2"Jl~7 '..~d . K. Contract 94-22, acknowledge completion/ authorize City maintenance (Town Centre 100-14th). It was recommended to acknowledge completion of Contract 94-22 (Town Center 100 -14th Addition) and authorize perpetual City maintenance subject to warranty provisions. L. Contract 96-U, acknowledge completion/ authorize City maintenance (Precision Tune). It was recommended to acknowledge completion of Contract 96-U (Precision Tune Addition) and authorize perpetual City maintenance subject to warranty provisions. M. Contract 95-HHH, acknowledge completion/ authorize City maintenance (Galaxie Cliff Add. - No.1). It was recommended to acknowledge completion of Contract 95-HHH (Galaxie Cliff Addition) and authorize perpetual City maintenance subject to warranty provisions. N. Contract 96-13, approve final payment/acknowledge completion/authorize City maintenance (Mallard Park 2nd & Wood gate 2nd - Street Reconstruction). It was recommended to approve the 6th and Final payment for Contract 96-13 (Mallard Park 2nd & Woodgate 2nd Addition - Street Reconstruction) in the amount of $18,233.11 to Danner, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. 0. Contract 97-07, receive bids/ award contract (Eagan Business Commons - Streets & Utilities). It was recommended to receive the bids for Contract 97-07 (Eagan Business Commons - Streets & Utilities), award the contract for the base bid without alternate no. 1 to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related documents. P. Contract 97-11, receive bids/ award contract (Old Sibley Hwy. - Streets & Utilities). It was recommended to receive the bids for Contract 97-11 (Old Sibley Highway - Streets & Utilities), award the contract to the lowest responsible bidder and authorize the Mayor and Clerk to execute all related documents. Q. Authorize preparation of plans and specifications, Fire Administration Building Project, Boarman, 97-51 Kroos, Pfister, Vogel & Associates and approve construction financing plan including resolution for use of Cable Franchise Fees. It was recommended to authorize the preparation of plans and specifications for the Fire Administration Building project, to approve a construction financing plan and to approve a resolution (as modified) for the utilization of cable franchise fees as a part of the financing plan. (Councilmember Awada opposed) R. Contract, City of Eagan and Healtheast Transportation, Inc. for pre-arrival emergency medical instructions. It was recommended to approve a contract between the City of Eagan and Healtheast Transportation, Inc. to provide pre-arrival emergency medical instructions. S. Findings of Fact, City of Eagan, rezoning of approximately 80 acres from 1-1 (Limited Industrial) to BP 97-52 (Business Park). It was recommended to approve the Findings of Fact relating to the rezoning of approximately 80 acres from 1-1 (Limited Industrial) to BP (Business Park) initiated by the City of Eagan for property located at the NE intersection of Lexington Avenue and Yankee Doodle Road. . T. Contract 97-12, approve final payment/ authorize City maintenance (Deerwood Res. - Logo). It was recommended to approve the 2nd and final payment of $500 for Contract 95-12 (Deerwood Reservoir- Logo) to Tight Rope, Inc., and authorize the City to accept for perpetual maintenance subject to warranty provisions. U. Contract 97-01, approve MnDOT cost participation agreement (Emergency Vehicle Pre-emption - 97-53 Signal Modifications). It was recommended to approve a Cost Participation Agreement with MnDOT for City Contract 97-01 (Emergency Vehicle Pre-emption - Signal Modifications) and approve a resolution authorizing the Mayor and City Clerk to execute all related documents. EAGAN CITY COUNCIL MEETING MINUTES; JULY 1,1997 PAGE 5 OCZZ8 V. Amend access easement, Lot 1. Block 1. Eagan Convenience Center. It was recommended to approve an amendment to an access easement from Lot 1, Block 1, Eagan Convenience Center, to Duckwood Drive and authorize the Mayor and City Clerk to execute all related documents. W. Vacation of ponding easement, cancel public hearing (Lot 3, Block 1, Tara Ct.). It was recommended to cancel the public hearing scheduled for July 15 for the consideration of a vacation of a ponding easement over Lot 3, Block 1, Tara Court, and not refund the application fee. X. Initiate rezoning, City of Eagan, for approximately 42 acres located north of Ea~an Promenade and west of Lexington Avenue. It was recommended to direct staff to initiate a Rezoning process from 1-1 to BP for approximately 42 acres located north of the Eagan Promenade and west of Lexington Ave'nue in the southeastern quarter of Section 10. y. Tree Contractor License, River lunction Tree Service, 13 23rd Street, Prescott, WI. It was recommended to approve a tree contractor license for River Junction Tree Service as presented. 2. Fertilizer Applicator License, Guarantee Turf Care, 9919 Valley View Road, Eden Prairie. It was recommended to approve a fertilizer applicator license for Guaranteed Turf Care as presented. AA. Project 712, receive final assessment roll! set public hearing (Surrey Heights - Streetlights). It was recommended to receive the final assessment roll for Project 712 (Surrey Heights Addition - Streetlights) and schedule a public hearing to be held on August 5, 1997. BB. Assignment and Consent A&reement for the Roseville Properties TIF Development Agreement from D.P. Commers to RPMC Development Company, LLC and Terminal Eagan III, LLC It was recommended to approve the assignment and consent agreement for the Roseville Properties TIF Development Agreement from D.P. Commers to RPMC Development Company, LLC and Terminal Eagan III, LLC excluding the clause releasing Mr. Commers from obligations under the agreement. CouncilmembeT Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 OLD BUSINESS SLATER ROAD SIDEWALK PROPOSAL City Administrator Hedges provided an overview on this item. Kurt Denson, 4750 Oak Cliff Drive, stated that there is a safety concern due to the traffic coming out of Burnsville. He said he would like to see the road closed. Jeff Skochil, 2223 James Street, said he believed a sidewalk is necessary to address the safety issue. He requested that the size of the sidewalk and setback from the curb be reduced. He noted that this would reduce the number of trees that would have to be removed in the boulevard. He further said that he was concerned about the proximity of the sidewalk to the pond. Doug Hultberg, 2243 James Street, mentioned that he is also concerned with safety. He presented a petition containing signatures requesting the City Council construct a sidewalk along the west side of Slater Road. He stated that the reason for putting the sidewalk on the west side is because more residents live on the west side and there is already a sidewalk there. Joe Repya, 4813 Slater Road, stated that he agreed a sidewalk needs to be installed, but he said it should be located on the east side so children will not have to cross a road four times, as would happen with a sidewalk on the west side. He noted that the west side has numerous driveways that back onto EAGAN CITY COUNCIL MEETING MINUTES; JULY 1, 1997 PAGE 6 OC229 Slater Road. He also noted that the east side has two large pieces of land that could accommodate the sidewalk and not affect residents' property. He added that numerous trees will be destroyed and residents' privacy lost if the sidewalk is installed on the west side. He requested that the City Council approve a smaller setback and sidewalk. He presented a petition with signatures supporting the installation of a sidewalk on the east side of Slater Road. He showed pictures of sidewalks in other areas of Eagan that are smaller in size and have a smaller setback. He stated that putting a sidewalk on the west side will jeopardize children's safety. He mentioned that he brought a video to the meeting to show the proposed sidewalk, as staked on the east side, which would result in the limited disturbance of vegetation. Councilmember Wachter noted that he would not support a four foot wide sidewalk, but would agree to reducing the setback. Mayor Egan explained that the City has standards for sidewalks. Mr. Denson stated that more than 25% of the trees along Slater Road were previously removed from the boulevard and not replaced. Janie Edwards, 4778 Slater Road, stated that the sidewalk is currently on the west side and if it is moved to the east side it will result in kids having to cross the street which would create the need for a stop sign to ensure safe crossing. She added that there are more driveways that access Slater Road on the east side. She further added that the majority of the residents live on the west side. Councilmember Wachter noted that the east side of the road has mainly commercial development. He said that the possibility of residential development on the east side may result' in more driveway accesses in the future. Deb Repya, 4813 Slater Road, stated that a sidewalk on the east side could be connected with the trails in the park. She said that the west side has more roads that intersect with Slater, creating more safety concerns. She further said that the environmental destruction should be taken into account. Discussion occurred among the City Council and staff regarding the appropriate size for the sidewalk, the setback and signage. Councilmember Wachter asked about the impact that would occur to the townhomes as a result of the removal of trees. Director of Parks and Recreation Vraa stated that some mature trees were identified to be removed; however, he did not know if that would be considered a significant number given the length and width of the project. He indicated that staff would follow up on the mitigation status of the trees that were removed along Slater Road previously. Director of Public Works Colbert discussed the speed study that was conducted on Slater Road. Mayor Egan stated he was willing to support a four foot setback and a six foot concrete sidewalk. Councilmember Blomquist suggested the sidewalk and setback be reduced further. Councilmember Awada said that the logic for installing the sidewalk on the east side is that it is easier to construct a sidewalk before there are residents adjacent to it. Councilmember Wachter moved, Councilmember Awada seconded a motion to direct staff to locate a six foot sidewalk with a four foot setback on the west side of Slater Road. Mayor Egan explained that the staff would determine if the warrants are met for the placement of a stop sign at Wall Street. Councilmembers Wachter and Awada agreed to amend their motion to include directing staff to review the feasibility of a stop sign at Wall Street and Slater Road. Councilmember Blomquist said she still felt the sidewalk should be five feet and the setback should be three feet. Mayor Egan noted that is the current city of Burnsville standard and not Eagan's and he would only support a six foot trail for safety reasons. EAGAN CITY COUNCIL MEETING MINUTES; JULY 1, 1997 PAGE 7 oeZ30 A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) Councilmember Wachter moved, Councilmember Awada seconded a motion to direct the preparation of plans and specifications for the Slater Road sidewalk project. Aye: 5 Nay: 0 ORDINANCE AMENDMENT, SEe. 2.52, CHANGING TITLE OF ADVISORY PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION (APRNRC) TO ADVISORY PARKS COMMISSION (APrC) City Administrator Hedges provided an overview on this item. Councilmember Awada moved, Councilmember Wachter seconded a motion to approv*: an amendment to City Code, Section 2.52, changing the title of Advisory Parks, Recreation and Natural Resources to Advisory Parks Commission. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - AT&T WIRELESS SERVICES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Peter Beck, representing AT&T Wireless, explained that locating a monopole on the Cliff Road reservoir water treatment site will allow AT&T to provide adequate coverage and capacity. He stated that the ordinance they worked on with the City directed them to locate monopoles in industrial and public facility districts. He further stated that public facility districts are located around the City and provide the opportunity for use on the larger sites that have a certain amount of existing vegetation. He went on to explain their need for this site. He noted that there are no industrial sites to locate a pole on within this search area. He also noted that there are other public facility sites, but the elevation is not as high and would require a taller pole. He commented that the existing trees on the site will screen the view from the majority of the surrounding homes. He addressed the perceived health impacts and said that it has been Congress's and the FCC's judgment that installations such as this do not raise a potential health issue. He also said that the low wattage being utilized will not create any health problems. He noted that this is an opportunity for the City to make some money should the City enter into a lease with AT&T in the future. Councilmember Blomquist said she was concerned about the use of this property. She noted that the unsightly water tower was finally removed and she did not feel a freestanding pole would be appropriate on this site. She further noted that the City Council should possibly look at the idea of selling the property for R-l development. She said that the City Council needs to establish the locations where these poles are acceptable. She added that there are ample places to locate the poles in the City. Mr. Beck stated that they would not be able to deliver the appropriate signal without the necessary infrastructure. He added that allowing monopoles on land zoned public facility has been accepted by other cities. He further added that the ordinance adopted by the City narrows down the available sites more than ordinances in other communities. Mayor Egan asked if the monopole could be located on the golf course site. Mr. Beck said that the golf course site would serve their needs, but he added that the same objections may be raised if they propose locating the monopole there. Frank Condon, 1308 Dunberry Lane, said he was opposed to commercial use on land zoned public facilities. He stated he was concerned about potential health problems. Paul Cook, 1304 Dunberry Lane, stated that the monopole should not be located in a residential area. OC231 EAGAN CITY COUNCIL MEETING MINUTES; JULY 1, 1997 PAGE 8 Mike Bukovich, 4557 Ches Mar, commented that this monopole would be obtrusive on this site and he was concerned that it may serve as a lightning rod. Alex Cook, 1304 Dunberry Lane, added that placing the pole on this site will reduce the aesthetic value of the land. He mentioned that the residents in the area have already had to deal with their share of land disturbances and they shouldn't have to deal with the construction of this pole. Dan Meridan, 1296 Dunberry Lane, stated that the residents are uniformly opposed to the construction of the monopole. He said there is an active debate about the possible health concerns. He noted that the pole will be unsightly and will result in no benefit to Eagan residents. He stated that other potential sites have not been explored. Councilmember Blomquist moved to deny a Conditional Use Permit to allow a 100' tall communication monopole on Lot 1, Block 2, Joseph Connolly Addition, located north of Cliff Rd., east of Ches Mar Drive in the SW 1/4 of Section 27 and further directed the City Attorney to prepare Findings of Fact. Councilmember Awada stated that she felt the City Council should deal with the issue in the same manner as the Advisory Planning Commission which approved the conditional use permit, but denied issuance of the lease agreement with AT&T. Mayor Egan seconded Councilmember Blomquist's motion noting that the APC's action recognized the fact that this application technically meets the ordinance criteria; however, their recommendation was to direct staff to not enter into a lease agy:eement with AT&T. He added that he believes the City Council has a valid basis for denying the CUP since the City is the landowner and does not want to enter into a lease agreement with the applicant. He stated that the use is inappropriate for this site and the City should consider alternative uses for this land. He further stated that he did not want to get locked into a CUP for a wireless tower that runs with the land whereby the City could be forced to enter into a relationship with a party they do not want to enter into a relationship with. He said he wants to maintain the flexibility of looking into other land use policies for this site in conjunction with the Comprehensive Guide Plan analysis. Councilmember Blomquist stated she would like staff directed to further define what public properties these uses would be allowed on. She further stated that she did not feel the City's ordinance was intended to include every parcel of public facilities for such uses and she said that the ordinance may need to be amended. Councilmember Wachter stated that a study should be done with regard to this property and should be considered for use by the Park Department or possibly sold for R-1 development. Councilmember Awada said she was going to vote against the motion with the understanding that she does not feel the City has the legal right to deny this request since it fits the current ordinance and she felt the City Council should deal with the request in the same manner as the APC Councilmember Masin noted that the City was faced with a similar situation before when they denied a CUP that met the criteria and she asked the City Attorney if action the Council was considering regarding this request was legally enforceable. City Attorney Sheldon stated that the issue before the City Council is a request for a CUP and the Council has to make a determination on the facts and info.rmation and whether it meets the criteria of the ordinance. He added that the majority of the City Council apparently had reached the conclusion that since the City of Eagan is the landowner and has no intentions of entering into a lease it would be improper to issue the CUP and that tying up the land for a long period of time would have adverse effects on the City. Councilmember Wachter stated that he agreed with the way the APC handled the request. Councilmember Blomquist said that she believes the City Council should consider zoning this property to R-1 if the Park Department is not interested in it and the Council should clarify if parks should be included in the public facility zoning classification. EAGAN CITY COUNCIL MEETING MINUTES; JULY 1, 1997 PAGE 9 0<.'232 A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Awada opposed) Councilmember Blomquist and Mayor Egan agreed to amend their motion to include providing direction to staff to study all surplus public properties to determine the future public purpose, including the former Cliff Road reservoir site. PRELIMINARY PLANNED DEVELOPMENT, VARIANCE & PRELIMINARY SUBDIVISION DAKOTA COUNTY HRA (EAGAN SENIOR HOUSING) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve a Preliminary Planned Development for a Senior Housing Campus up to 235 units of senior housing or 130 units of senior housing and a two story 65,000 square foot office building on property located on the south side of Town Centre Drive, east of Denmark Avenue and north of O'Leary Lake in the NE 1/4 of Section 15 subject to the following conditions: 1. The proposed campus shall not exceed 235 units/rooms of senior housing or care facilities or the campus shall not exceed 130 units of senior housing and a 65,000 square foot office building. The height of the office building shall not exceed two stories. 2. All residential buildings shall be constructed to meet interior noise level of 45 dBA for aircraft noise attenuation purposes. 3. The developer shall install more evergreen trees for year round screening and to break up vertical elements behind buildings 1 and 2; provide additional parking lot screening for building 3 along the Town Centre Drive frontage and irrigate all maintained landscape and lawn areas on the site. 4. A Final Plan Development Agreement shall be executed with the construction of each building and shall consist of the following exhibits: Final Site Plan; Final Building Elevations, Final Lighting Plan and Final Landscape Plan. 5. Future Buildings shall be compatible in design, color scheme and building materials utilized for proposed building 2. 6. The developer shall provide an emergency vehicle access to the rear of Building 2 along the west side in compliance with the City fire code. 7. Any sign age shall comply with the City sign code. 8. Dumpsters stored on the exterior shall be an attached enclosure matching the building materials of the building. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Variance to the Shoreland Ordinance (section 11.21, Subd. 10.F.2.e) to allow density transfers to a tier closer to the water body on property located on the south side of Town Centre Drive, east of Denmark Ave. and north of O'Leary Lake in the NE 1/4 of Section 15 subject to the following conditions. EAGAN CITY COUNCIL MEETING MINUTES; JULY 1, 1997 PAGE 10 OC233 1. The proposed campus shall not exceed 235 units/rooms of senior housing or care facilities or the campus shall not exceed 130 units of senior housing and a 65,000 square foot office building. 2. The land between 200 and 800 feet from the OHWL in the proposed outlot must remain as permanent open space. The land must be maintained or planted with native grasses. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the Preliminary Subdivision consisting of one lot and one outlot on property located on the south side of Town Center Drive, east of Denmark Avenue and north of O'Leary Lake in the NE 1/4 of Section 15 subject to the following conditions: 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: Bl,B2,B4,C1,C2,D1,E1 2. The property shall be platted. 3. Runoff from the western portion of the development be treated via on-site ponding prior to the discharge to Pond DP-23. The pre-treatment basis shall have a minimum wet volume and mean depth of .8 acre feet and 3 feet, respectively, and shall meet the City's Standards for Detention Basin Design. 4. Runoff from the eastern portion of the site shall be direction to Pond DP-20. The City shall require a cash dedication in lieu of on-site ponding for this portion of the site, the proceeds of which should be used to enhance pollutant removal efficiencies in Pond DP- 20. 5. An ungraded buffer at least 50 feet in width back from the ordinary High water level of O'Leary Pond shall be preserved. This buffer should be left in an unmaintained condition after development to filter overland runoff and provide buffer. 6. Filling or draining of wetland areas within the development parcel shall be prohibited. 7. Tree Protective measures (i.e. 4 foot polyethylene safety netting) shall be installed at the Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant trees/woodlands to be preserved. 8. The developer shall contact the City Forestry Division at least five days prior to the issuance of the grading permit to ensure compliance with the approved Tree Preservation Plan. 9. The developer shall be responsible for additional park dedication at the residential rate at the time of building permit for each building unless waived by the City Council. 10. The developer shall be responsible for installing a sidewalk along Town Centre Drive. 11. The developer shall obtain a modification to the Eagan Heights Commercial Park Indirect Source Permit for this development. EAGAN CITY COUNCIL MEETING MINUTES; JULY 1, 1997 PAGE 11 OC234 12. The slope behind buildings 1 and 2 shall be planted with native trees and grasses and plantings in unmaintained areas shall be approved by City staff. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - E-Z AIR PARK, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Planned Development Amendment allowing the property owner at 2804 Lexington Avenue S. to remove and replace an existing garage and add a 600 square foot office to the north side of the new garage on Lot 7, Plainview Addition, in the SW 1/4 of Section 2 subject to the following conditions: 1. The new building shall only be used for office use and as an accessory residential garage. 2. The exterior of the new garage/ office building shall match the existing residence. 3. The applicant; owner shall be responsible for assuring that the existing lines can accommodate the additional use and also that this general utility layout is functional. 4. The new building shall be constructed with noise attenuation measures that achieve a maximum indoor noise level of 50 dBA. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT & VARIANCE - U.S. WEST NEW VECTOR GROUP INC. City Administrator Hedges provided an over on this item. Senior Planner Ridley gave a staff report. David Larson, applicant, explained the need for the variance. Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve a Conditional Use Permit allowing a 120' communication tower located at 3659 Kennebec Road subject to the following conditions: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of City Council approval with receipt provided to the City. 2. The Conditional Use Permit provides for a 120' tall communication monopole. No equipment or antennas may be in excess of 120'. 3. A building permit shall be obtained for the erection of the monopole. 4. The applicant shall provide the City documentation, from a structural engineer, confirming the structural integrity of the proposed monopole. 5. No artificial illumination shall be allowed on the tower except when required by law or another governmental agency. 6. No signage other than the public safety warnings or equipment information shall be affixed to the tower or the equipment building. EAGAN CITY COUNCIL MEETING MINUTES; JULY 1, 1997 PAGE 12 0<'235 Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember A wada seconded a motion to approve a Variance to the co-location requirement for a tower exceeding 100'. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CITY OF EAGAN, TO CITY CODE SECTION 11.20- ENTITLED "LAND USE REGULATIONS" (ZONING) REGARDING COMMUNICATION TOWERS AND ANTENNAE City Administrator Hedges provided an overview on this item. He noted that the ordinance states commercial towers are not allowed in residential zoning districts. Councilmember A wada moved to approve an Ordinance Amendment to the City of Eagan Code, Chapter 11, entitled Land Use Regulations (Zoning) by amending Section 11.20 regarding Antennae, Satellite Dishes, Wind Energy Conversion Systems, and Towers and by adopting by reference Eagan City Code, Chapter 1, Section 11.99. Councilmember Blomquist stated that she thought there was another ordinance that clearly indicated towers and antennas were to be located on water towers and in obscure places. Mayor Egan said that the City Council did not intend to restrict the towers and antennas to water towers. Councilmember Blomquist noted that she would not support this ordinance. Councilmember Wachter seconded the motion. Councilmember Blomquist stated she was concerned that this ordinance could be misinterpreted. She suggested that this ordinance should be more clearly defined. Councilmember A wada said that the action being taken by the City Council is to correct a clerical misunderstanding. She added that she was willing to further examine property zoned public facility with regard to the location of towers and antennae. Senior Planner Ridley said that one of the reasons for requiring a CUP to allow a freestanding tower is so the City Council could review the request and use their discretion in determining what is an appropriate site. Mayor Egan said he would like staff to continue to refine the ordinance and establish criteria for determining the location of monopole sites. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) CounciImember Blomquist moved, Councilmember Awada seconded a motion to direct staff to find suitable criteria to determine cellular/monopole sites on various zoning districts where CUP's are applicable. Aye: 5 Nay: 0 LEGISLATIVF/lNTERGOVERNMENT AL AFFAIRS Councilmember Masin commented on the recent collaborative meeting held at the City of Eagan. She stated that representatives from each of the three school districts were present. She noted that the main focus of the meeting was youth and juvenile crime. Mayor Egan commended Councilmember Masin for coordinating this meeting for the second year. ;c\DMINISTRATIVE AGENDA APPROV AL OF GRANT AGREEMENT, MINNESOT A DEPARTMENT OF TRADE & ECONOMIC DEVELOPMENT, PROFESSIONAL PLASTICS BUSINESS LOAN City Administrator Hedges provided an overview on this item. EAGAN CITY COUNCIL MEETING MINUTES; JULY 1, 1997 PAGE 13 OC236 Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the contract consistent with the grant agreement, Minnesota Department of Trade & Economic Development, Professional Plastics Business Loan. Aye: 5 Nay: 0 PROJECT 723, SOUTHERN LAKES TRUNK UTILITIES Director of Public Works Colbert provided an overview on this item. Councilmember A wada moved, Mayor Egan seconded a motion to receive the petition/ resolution from the City of Inver Grove Heights and authorize the preparation of a feasibility report and detailed plans and specifications for Project 723/Contract 97-13 (Southern Lakes - Trunk Utilities). Aye: 3 Nay: 2 (Councilmembers Blomquist and Wachter opposed) 1997 COUNTY ROAD OVERLAY PROGRAM Director of Public Works Colbert provided an overview. ROUNDTABLE Director of Public Works Colbert commented on a traffic calming experiment being undertaken on Deerwood Drive between Riverton and Blackhawk Road. City Attorney Sheldon stated that with regard to Project 682 the City condemned the water tower parcel and the court has already transferred title and possession of that property to the City. He explained that since the court moved so fast the City will need to reassess the property. Councilmember Awada moved, Councilmember Wachter seconded a motion to delete a part of the assessment for Project 682 from $116,987 to $104,304 and schedule a new public hearing for August 5, 1997 for the Francis Franz property. Aye: 5 Nay: 0 Councilmember Wachter moved, Councilmember Blomquist seconded a motion schedule Special City Council meetings for July 15 and July 29 at 5:00 p.m. Aye: 5 Nay: 0 City Administrator Hedges noted that Police Chief Geagan has been elected President of the Minnesota Chiefs of Police Association. Councilmember Wachter commented about a camera that will be monitoring traffic by 35-E and Cliff Road. He requested a copy of a report with the results from a meeting held at the Captain Dodd Park. He asked about the status of the drafting of a Bus Bench Ordinance. He also asked about the total assessments the school previously paid with regard to the sewer and water assessments on Deerwood. Councilmember Masin stated that she attended the reception for departing School Superintendent Jim Rickabaugh. She commented that she attended a portion of the Eagan Hockey Booster fundraiser and noted that it was nice to see staff members take the time to attend as well. She said that she received her real estate license and will be associated with Century 21. Councilmember Blomquist commented on the invitation to Northwest Airlines' 50th Anniversary celebration that will be held on July 9 recognizing 50 years of air service to the Pacific. She asked the City Council to approve a resolution acknowledging the celebration. 97-54 Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a resolution recognizing fifty years by Northwest Airlines for air service to the Pacific. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; JULY 1, 1997 PAGE 14 OC237 CHECK REGISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated June 26, 1997 in the amount of $2,078,067.60. Aye: 5 Nay: 0 Councilmember Blomquist asked if it would be more economical to buy certain pieces of equipment instead of renting them. She reserved the right to comment on the bill's list. (ADJOURNMENT The meeting adjourned at 9:40 p.m. MLK July 1, 1997 Date 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, (rDD 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.