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09/02/1997 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 2, 1997 00284 A regular meeting of the Eagan City Council was held on Tuesday, September 2, 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 noted that Councilmember Blomquist had requested that the City Council discuss the Public Utilities Commission's proposal to change the area code in the greater metropolitan area. He stated that this item could be discussed under Legislative/Intergovernmental Affairs. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE AUGUST 19,1997 REGULAR MEETING . . ..... . ........ ....,.,._.,.,-.......'.....,. ....._-.-". ........ ....... ... CounciImember Masin requested that the first sentence of the fifth paragraph on page four should begin with Ms. Buell instead of He. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OF THE AUGUST 19, 1997 SPECIAL MEIHJNG Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS CONSIDERATION FOR LAND BANKINGjFUTURE FIRE STATION #6 City Administrator Hedges provided an overview on this item. Councilmember Wachter asked if the County would allow access onto Lexington A venue from this particular site. He suggested waiting to acquire the property through land dedication. Mayor Egan concurred. Councilmember Blomquist added that staff should inform the City Council at such time that a development proposal is submitted for this property. Councilmember Wachter moved, Councilmember A wada seconded a motion to direct the City Administrator and Fire Chief to wait on acquisition of the McCarthy parcel at the northwest comer of the intersection of Lexington and Wescott until time of development. Aye: 5 Nay: 0 ~ONSENT AGENDA In regard to Item D, Project 700, reschedule final assessment hearing (Hall St./TH 3 Service Rd. - Utilities), Councilmember Blomquist requested that this be pulled from the consent agenda and discussed in more detail later. In regard to Item R, Project 725, authorize feasibility report (Oak Chase Add. - Street Resurfacing), Councilmember Blomquist stated that since she lives in the project area she would be abstaining from voting on this item. Discussion occurred regarding defining the area to be improved. Page 2/Eagan Regular City Council Meeting Minutes September 2, 1997 00285 A. Personnel Items Item 1. It was recommended to approve the hiring of a person to be recommended by the Chief of Police as a part-time 911 Dispatcher. Item 2. It was recommended to accept the resignation of Administrative Intern Lorenzo Davis, Jr. Item 3. It was recommended to approve the hiring of Guy Dawson, Jeff Freeman and Mark Samstad as part-time seasonal touch football officials. Item 4. It was recommended to approve the hiring of Bruce Barry and David Schomburg as part-time basketball scorekeepers. Item 5. For information only-no action required. The Parks and Recreation Department will host an undergraduate internship for Cynthia Fitzsimons this fall. B. Final Subdivision - Royal Oaks Realty, Inc. for Pinetree Forest. It was recommended to approve a 97-72 Final Subdivision (Pinetree Forest, formerly Evergreen), consisting of 54 single-family lots and one outlot on 40 acres located east of Gun Club Road and south of Red Pine Elementary School in the SE % of Section 36. C. Modification to sign package for Promenade Oaks (Eagan Promenade 2nd Add.). It was recommended to approve modifications to the sign package for the Promenade Oaks development, Eagan Promenade 2nd Addition. D. Project 700, reschedule final assessment hearing (Hall St.!TH 3 Service Rd. - Utilities). It was recommended to reschedule the final assessment hearing from September 16 to October 7, 1997. (This item was pulled and considered following the approval of the consent agenda.) E. Contract 97-16, receive bids! award contract (Slater Rd. - Sidewalk). It was recommended to receive the bids for Contract 97-16 (Slater Road - Sidewalk), award the contract to the lowest responsible bidder, and authorize the mayor and City Clerk to execute all related documents. F. Project 724, approve consultant. Southern Lakes water tower. It was recommended to approve the firm of Bonestroo, Rosene, AnderIik & Associates, Inc. to provide design and construction engineering services for Project 724 (Southern Lakes Water Tower). G. Project 717R, receive feasibility report! order public hearing (Country Home Heights - Street Surfacing). It was recommended to receive the feasibility report for Project 717R (Country Home Heights - Street Surfacing) and schedule a public hearing to be held on October 7,1997. H. Project 689, delete pending assessments (Hayes & DeLosh Add. - Trunk Storm Sewer). It was recommended to delete the pending assessments associated with Project 689 (Hayes & DeLosh Addition - Trunk Storm Sewer) and authorize the cost to be transferred to Project 663, Valley View Plateau (Street & Utility Reconstruction). I. Contract 97-05, approve change order #1, Deerwood Reservoir (Trunk Watermain). It was recommended to approve change order #1 to Contract 97-05 (Deerwood Reservoir - Trunk Watermain) and authorize the Mayor and City Clerk to execute all related documents. J. Project 615R, receive final assessment roll! order public hearing (Meadowview Rd. - Utilities). It was recommended to receive the final assessment roll for Project 615R (Meadowview Road - Utilities) and schedule a public hearing to be held on October 7, 1997. Page 3/Eagan Regular City Council Meeting Minutes September 2, 1997 00286 K. Project 718, receive final assessment roll! order public hearing (Deerwood Reservoir - Trunk Watermain). It was recommended to receive the final assessment roll for Project 718 (Deerwood Reservoir - Trunk Watermain) and schedule a final assessment hearing for October 7, 1997. L. Contract with Lifeworks. It was recommended to approve the renewal of a contract with Lifeworks Services, Inc. for providing various janitorial services to the City Parks and Recreation Department. M. Contract 97-17, Lexington!Diffley athletic fields-parking lot. It was recommended to receive the bids and award Contract 97-17 in the amount of $145,530.00 to Bituminous Roadways, Inc. N. Contract 95-T, acknowledge completion! authorize City maintenance (RahncIiff 4th Add. - Utilities). It was recommended to acknowledge the completion of Contract 95-T (RahncIiff 4th Addition - Utilities) and authorize perpetual City maintenance subject to warranty provisions. O. Contract 96-15, approve final payment! authorize City maintenance (Meadowview Rd.). It was recommended to approve the second and final payment for Contract 96-15 (Meadowview Road- Utilities) in the amount of $7,125.38 to Brown & Cris, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. P. Contract 95-GGG, acknowledge completion! authorize City maintenance (Town Centre 100-16th, Allina - Utilities). It was recommended to authorize completion of Contract 95-GGG (Town Centre 100-16th Addition, Allina - Utilities). Q. Contract 96-W, acknowledge completion! authorize City maintenance (Duckwood Bluff - Utilities). It was recommended to acknowledge completion of Contract 96-W, Duckwood Bluff - Utilities and authorize acceptance for perpetual City maintenance subject to warranty provisions. R. Project 725. authorize feasibility report (Oak Chase Add. - Street Resurfacing). It was recommended to authorize the preparation of a feasibility report for Project 725 (Oak Chase Addition - Street Resurfacing). (CounciImember Blomquist abstained from voting on this item). Councilmember Wachter moved, CounciImember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PROJECT 700, RESCHEDULE FINAL ASSESSMENT HEARING (HALL ST/fH 3 SERVICE RD. - UTILITIES) (This item was pulled from the consent agenda.) Councilmember Blomquist asked how many property owners are to be assessed and why the assessment had not occurred already since the road has been in place for some time. Director of Public Works Colbert explained that the purpose of this project is to assess for sanitary sewer and water and involves four property owners. He clarified that this project is on the west side of Highway 3. He stated that Councilmember Blomquist may have been receiving calls regarding Project 673R - Red Pine Lane and TH 3 upgrades. He further stated that the reason the final assessment hearing has not been scheduled for that project is because the final costs are not known at this time. Councilmember Blomquist requested that discussion on Project 673R be continued to the Roundtable. Councilmember A wada moved, Councilmember Wachter seconded a motion to reschedule the final assessment hearing for Project 700 (Hall St./TH 3 Service Rd. - Utilities) from September 16 to October 7,1997. Aye: 5 Nay: 0 Page 4/Eagan Regular City Council Meeting Minutes September 2, 1997 0028~7 PUBLIC HEARINGS ALLINA HEALTH SYSTEM AND ALLIN A MEDICAL GROUP, ISSUANCE AND SALE OF UP TO $4,750,000 VARIABLE RATE DEMAND REVENUE NOTES, SERIES 1997 97-73 97-74 City Administrator Hedges provided an overview on this item. He stated that there will be no cost to the City and no exposure to the City's bond rating if the Council approves this request. CounciImember Wachter asked what the impact would be to the City if Allina defaulted on their loan. Michael O'Lawson, representing Norwest, stated that the City would not be liable for payments if Allina defaulted on their loan. 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, CounciImember A wada seconded a motion to close the public hearing and approve the resolution providing for the issuance and sale of up to $4,750,000 variable rate demand notes, series 1997 (Allina Health System and Allina Medical Group) and authorize execution and delivery of the notes, a loan and note purchase agreement and assignment. Aye: 5 Nay: 0 V ACATE DRAINAGE & UTILITY EASEMENT, LOTS 3 & 4, BLOCK 1, VERDANT ACRES City Administrator Hedges provided an overview on this item. Director of Public Works Colbert 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. CounciImember Awada moved, Councilmember Masin seconded a motion to close the public hearing and continue consideration of vacating a drainage and utility easement over Lots 3 and 4, Block 1, Verdant Acres, to a future Council meeting concurrent with the final plat of Verdant Hills Addition. Aye: 5 Nay: 0 PROJECT 723, SOUTHERN LAKES (TRUNK UTILITIES) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert introduced Mark Hanson of Bonestroo, Rosene, AnderIik & Associates who discussed the proposed project. Mayor Egan opened the public hearing to anyone wishing to speak. Greg Hoffman, 4164 Cashell Glen, stated that he was the spokesperson for St. Thomas Becket Church. He further stated that a letter had been submitted to the City Council outlining their issues and concerns. He said that the church has cooperated with regard to the temporary and permanent easement acquisitions. He added that the church has hired an engineering company and an appraiser to assist them and they requested more time to conduct a study on the proposed assessments. He said they would like to go on record as objecting to the assessments if the improvement cost exceeds the benefit to the church. He stated they would request the City do the following: provide a detailed impact analysis with regard to Ponds LP30 and LP 47, run the 12" watermain along the north property line, defer any assessments to the church until the development of Outlot A occurs, assess the church at single family residential rates, provide a timetable as to when Phase II will be developed and reimburse the church for engineering and appraisal costs. He questioned if Eagan property owners should have to pay for improvements which largely benefit an adjacent City. Page 5/Eagan Regular City Council Meeting Minutes September 2, 1997 Of288 Barry Jaeger, representing Wood crest Church, stated that there has not been adequate communication with the church and they have not been properly notified of the proposed project. He said they take issue with the lateral extension fees. He added that they currently have water service to their site and the improvements will not benefit them. He raised issues with the storm water reconstruction and the calculation of fees. He stated that that the church should be assessed at residential rates. He said that when they purchased the acre and a half parcel in July they were told that Dakota County would pay all the assessments. He further said that they are not trying to stop the development of Southern Lakes but they requested the City Council consider phasing their assessments and adjust the fees according to their use. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember A wada asked if it would be feasible to run the watermain along the northern property line. Director of Public Works Colbert explained that the reason for putting the watermain through the development is for the purpose of providing more future benefit. Councilmember Awada suggested that Outlot A could be rezoned from Public Facility to Single Family. She said she did not feel the Council should reimburse the church for engineering and appraisal costs incurred by St. Thomas Becket for a separate study. Mayor Egan said that he appreciated the concerns of the church with regard to the cost of the assessments. He explained that the action before the Council is to determine the feasibility of the project and not determine the final assessments. He stated that the cost and design of the project is yet to be negotiated. Councilmember Wachter said that the main reason he is opposed to tl1is project is because he feels either the developer or the City of Inver Grove Heights should be paying these assessments. He noted that since St. Thomas Becket Church has a study underway the Council should not take action until the results of the study are known. Mayor Egan stated that the report does not indicate the total costs that Inver Grove Heights are paying. Director of Public Works Colbert explained that the reason the report did not include that information is because the City's financing policy with regard to a public improvement project assesses the benefiting property owners. He added that the City of Eagan cannot assess property owners in another City. He further added that fees are being collected through the Joint Powers Agreement that will offset some of the City's cost as identified in the report. CounciImember Blomquist stated that the reason she was concerned with approving the Joint Powers Agreement was because she does not feel tl1e property owners should be assessed if they do not receive benefit. She added that oversizing should not have to be done and she questioned whether the City may be charging too much for water if they stand to make money from selling water to Inver Grove Heights residents. She stated that she did not think the assessment issue had been adequately covered in the JP A. Mayor Egan said that he felt all the issues had been adequately covered in the JP A. He noted that the report for the Southern Lakes utility improvements was incomplete and inadequate. He then referenced the handout that was given to the Council at the meeting and he said that it indicates the cost breakdown. Director of Public Works Colbert said that the City of Eagan is charging Inver Grove Heights the same rates for water as are charged to Eagan residents. He added that the JP A requires Inver Grove Heights to assume the maintenance and long-term liability of the water system. He further added that the City is trying to ensure that St. Thomas Becket and Woodcrest Churches pay no more or no less in assessments than all the other churches in the City of Eagan. Page 6/Eagan Regular City Council Meeting Minutes September 2, 1997 00289 Councilmember Awada stated that the churches need the utilities in order to develop the land. She suggested that the property be reguided and rezoned to Single Family. Councilmember Masin asked for clarification as to why the revenue is more than the cost for the storm sewer. Director of Public Works Colbert clarified that the assessment is based on an area wide assessment and if there is a miscalculation in the assessable area it will be resolved at the time of the final assessment hearing. Mayor Egan stated that the City of Eagan will be able to collect any costs owed by any adjacent property in the City of Inver Grove Heights and that the City of Inver Grove Heights will guarantee that payment. He stated that St. Thomas Becket and W oodcrest Churches will not be required to pay more than the benefit they will receive. Councilmember Awada noted that a four-fifths votes is required by the Council in order to assess any property in the City of Eagan. She also noted that if there is a three-two vote by the Council the project will still proceed but the properties in the City of Eagan will not be assessable and the City of Eagan will have to incur those costs. Mayor Egan stated that the taxpayers from the general levy will have to pay the difference. He added that the church properties will receive benefit. Councilmember Blomquist said that she is concerned about who is financing this project up front and what will ultimately happen in the end. Councilmember Awada added that reports indicate the costs will be covered by Inver Grove Heights. Mayor Egan indicated that the City of Eagan has the most to gain from the JP A. Councilmember Wachter stated that if the vote of the Council is three-two then these churches will be given preferential treatment by not being assessed for improvements and all other churches would have to be treated the same. Mr. Jaeger stated that the proposed assessment is a large amount for their church. He added that there is water to their property now. Councilmember Awada said that since the property has not been platted they have not been charged for the trunk area and water assessment. She further said that on some occasions the Council has deferred assessments until the property is platted. Mr. Jaeger added that they are providing a benefit to the City by dedicating the sewer easements. Director of Public Works Colbert asked how much they were being compensated for the easement dedication. Mr. Jaeger stated they were paid $30,000. Councilmember A wada moved, CounciImember Masin seconded a motion to close the public hearing and approve Project 723 (Southern Lakes - Trunk Utilities) and authorize the acquisition of all related easements including condemnation if necessary. Councilmember Wachter stated he has been opposed to the JPA because he feels property owners are being assessed who do not receive benefit. He further stated that the Council should have worked out a better agreement for the residents of Eagan at the time the JP A was drafted. He said he supports this action because it would be preferential treatment to these churches if they were not required to pay their fair assessment. Councilmember Blomquist noted that she would not support the action because of the costs to the Eagan residents. She added that she has not seen any figures that support the fact that the City of Eagan will make money as a result of the JP A. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) . PROJECT 702 & 703 FINAL ASSESSMENT HEARING WOODGATE 2ND & MALLARD PARK 2ND ADD. (STREET REPLACEMENT) City Administrator Hedges provided an overview on this item. He noted that a letter of objection was received and signed by five property owners of Woodgate 2nd. Director of Public Works Colbert gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. Page 7 jEagan Regular City Council Meeting Minutes September 2, 1997 OC290 James Peterson, 1720 Hickory Hill Road, stated that only one sealcoat was done to their streets in 12 years. He added that a the streets were poorly constructed and regular preventative maintenance had not been performed. He further added that he felt the City was negligent in maintaining the roads. Councilmember Blomquist commented that the same situation has occurred in her neighborhood and she stated that the street program needs to be improved to avoid this situation from occurring in the future. Bonnie McCallum, 1670 Woodgate Lane, presented a petition signed by all homeowners in the neighborhood. She noted that there was one sealcoat performed in 1987. She said that there are new potholes and surface cracks on the streets now. Director of Public Works Colbert stated that the~e is a two-year warranty with the contractor that covers the materials and workmanship. Norbert Adelmann, 1664 Woodgate Lane, showed a sample of the condition of the bituminous and stated it was not adequate and he said that there wasn't an appropriate base under the bituminous either. Director of Public Works Colbert explained that the street was constructed by the developer according to the specifications of the City at that time. City Administrator Hedges added that over the years there has been a dramatic improvement in the quality of streets since the late 1970's. Mr. Adelmann said he would like the City to pay more of the assessment. Corey Bultema, 1763 Walnut Lane, requested to see the City's appraisals from which the assessments were determined. City Attorney Sheldon indicated that the pre-project appraisals are privileged information in case an appeal goes to court. He said they could share the results of the City's appraisals but he further said the opinion of the City Attorney's office is that it would not be good practice. Councilmember Blomquist asked if the City had the legal right to prohibit the public from viewing these documents. City Attorney Sheldon said that the appraisals are not considered public information because they have always been in the possession of the City Attorney and not the City of Eagan. Councilmember Blomquist asked if it would be acceptable for the City to give all their records to the City Attorney so they would then not be considered public information. City Attorney Sheldon stated that the City can choose to do what they wish with their records, but the appraisals are not sent to the City and if they were they would then become public information. Mr. Bultema asked who pays for the appraisals and City Attorney Sheldon answered that the City pays for the appraisals with tax dollars for the purpose of supporting the City's position of protecting the public tax dollars to ensure that those who receive benefit pay for the cost of the project and not the general taxpayers. Mr. Bultema restated that he should be able to see the appraisal. City Attorney Sheldon said that there is a specific provision in the law that provides that should a resident appeal they would have the right to obtain their own appraisal and if the City does not prevail the resident would be able to recover the cost of the appraisal. He added that if the City prevails the cost of the appraisal would be recoverable by the City. Mayor Egan stated that this policy is in place to protect the general interest of the whole community. Mr. Bultema said that the City Council should revisit the policy. Councilmember Wachter explained that when this policy was adopted the Council felt it was the fairest way to assess properties. Mayor Egan added that the Council cannot change the policy midstream as long as it is fundamentally fair to all property owners. Mr. Bultema reiterated that the Council should examine policies that other communities have adopted. Harold Peterson, 1729 Walnut Circle, stated that preventative maintenance would have been helpful. Mayor Egan said that the City Council is trying to establish a prudent policy of street maintenance. Director of Public Works Colbert provided a brief analysis of the City's pavement management plan. Page 8/Eagan Regular City Council Meeting Minutes September 2, 1997 0(:291 There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Blomquist stated that she was concerned about the assessments to property owners and the street program as it exists today. She added that there is room for improvement and she said she would like to see the Council increase funding for street repairs. She said she was concerned about the disparity in the assessment rate for this area compared to another residential area in Eagan. Councilmember Masin commented that it would be much easier for the Council to pay for assessments out of the general levy, but she added that it does not make sense to change the policy at this time. Councilmember Wachter moved, CounciImember Awada seconded a motion to close the public hearing and approve the final assessment roll for Project 702 (Woodgate 2nd Addition) and 703 (Mallard Park 2nd Addition) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 1 (Councilmember Blomquist opposed because she was concerned about the disparity in the difference in the assessment for this neighborhood as compared to another one and also in the different amounts that are being charged per unit.) NEW BUSINESS CERTIFICATION OF THE PRELIMINARY 1998 PROPERTY TAX LEVY, APPROVAL OF THE PRELIMINARY 1998 GENERAL FUND OPERATING BUDGET AND APPROVAL OF THE TRUTH-IN-TAXATION HEARING DATES City Administrator Hedges provided an overview on this item. Councilmember Wachter noted that the County portion of the tax bill will increase for next year. CounciImember Blomquist stated that she would like to discuss the specific line items in the budget at a future work session. City Administrator Hedges explained that the budget can be changed between now and the time of final adoption of the budget as long as the overall levy does not increase. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the preliminary 1998 property tax levy as follows: City Operations Debt Service MVT A Opt-Out Transit Cedarvale Special Services District $12,463,516 1,243,000 1,826,347 16,792 Aye: 5 Nay: 0 CounciImember Wachter moved, Councilmember Awada seconded a motion to approve the Preliminary 1998 General Fund Operating Budget balanced at $16,461,800. Aye: 5 Nay: 0 CounciImember Wachter moved, CounciImember Masin seconded a motion to approve the Truth-in- Taxation hearing dates and to reschedule the regular City Council meeting dates as follows: 1. Initial Hearing - Wednesday, December 3, 1997 2. Continuation Hearing - Tuesday, December 16, 1997 3. Regular City Council meeting of December 2, 1997 is rescheduled to Wednesday, December 3, 1997 Aye: 5 Nay: 0 Page 9/Eagan Regular City Council Meeting Minutes September 2, 1997 00292 CONDITIONAL USE PERMIT - AT&T WIRELESS SERVICES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. City Administrator Hedges noted that the Advisory Planning Commission recommended that the City Council reconsider the Communications Ordinance with respect to placing antennas in Public Facility zoning districts. He stated that staff has not had an opportunity to address the direction provided at the July 1 City Council meeting to define what properties these types of uses would be allowed on. Councilmember Blomquist said that the ordinance should be studied to determine what percentage of residential property should be involved. City Administrator Hedges said that the City Attorney had prepared an Interim Use Ordinance which would allow the City to study and address all the issues involved pertaining to this matter. Councilmember Awada stated that the Council does not want to slow down the progress of technology but she added that defining the rules regarding the placement of antennas will be to the benefit of everyone involved. She further stated that she does not have any problem placing antennas in commercial districts. She added that the ordinance states the granting of a Conditional Use Permit shall not change the central character of the neighborhood or substantially diminish or impair property values. She further added that it could be argued that the placement of an antenna in the backyard of a residence may reduce the property value. Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve an interim use study to address site locations for communication towers. CounciImember Wachter suggested that landscaping should be done to provide for better visual impact. He also suggested the possibility of placing the antennas on power poles. Councilmember Awada stated that the Advisory Planning Commission should be directed to study and recommend the appropriate site locations. Councilmember Wachter said that the changes should be incorporated into the Comprehensive Guide Plan when it is updated. Peter Beck, representing AT&T, stated that this issue has been studied and discussed in great detail with staff and at many workshops of the Advisory Planning Commission. He noted that there are no industrial or commercial areas to locate the antem1as on within this four to six mile area. He said that delaying action to study this matter will not solve the problem of providing service to this area. He further said that the current ordinance is already unduly restrictive. He added that this site complies with the ordinance and should be given consideration this evening. Mayor Egan stated that the intent of the Council is not to delay this matter for a long period of time. He added that information from the many past meetings will be incorporated into an amended ordinance. He said that the Council wants to improve the current ordinance. Mr. Beck stated that federal law applies to this matter and the City cannot take action that would prohibit service &om being delivered to the residents. Councilmember Awada said that placing an antenna on this site would clearly be a detriment to the homes in this area. Mr. Beck stated that these poles cannot be made invisible to private homes. He further stated that these facilities will generate opposition under the best of circumstances since they have to be in certain locations in order to provide the appropriate service. He added that AT&T has been patient and has complied with the current ordinance and they need to proceed in order to provide service to this area of the City. Councilmember Blomquist stated that the Council should proceed with the interim use study which is consistent with the direction provided by the Council in July. A vote was taken on the motion. Aye: 5 Nay: 0 Page 10jEagan Regular City Council Meeting Minutes September 2, 1997 00293 Mr. Beck commented that this action puts AT&T in a difficult position because under the federal law that governs the siting of communication towers they have 30 days to decide whether to pursue legal remedies. City Attorney Sheldon stated that if the Council is considering changing the Antenna Ordinance, portions of that ordinance relate to the Zoning Ordinance and a public hearing will need to be held at the APC level. He said that the Council needed to take action to deny the application before them based on the passage of the interim ordinance or the applicant would need to give consent to a continuance of the existing application until the matter is resolved with regard to the ordinance. Mr. Beck stated that they need the site now and could not agree to an extension of this application. He added that he did not believe there were any grounds for the Council to deny their application. He reiterated that they have complied with the standards as they currently exist. Mayor Egan noted that the construction of the tower could be construed as being detrimental to the public, health, safety and welfare, it is not harmonious with the general and applicable objectives of the Comprehensive Guide Plan for this area and it is not compatible with the general existing terrain or the surroundings. Councilmember Blomquist stated that all of the reasons that were given in support of denial of the AT&T application at the July 1 City Council meeting should be included in support of denial on this application. Councilmember Blomquist moved, Council member A wada seconded a motion to deny a Conditional Use Permit to allow a 100' communications tower and equipment building located at 1310 Cliff Road (Parkview Golf Course) in the NW l/4 of Section 34. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - MARY MOTHER OF MERCY & GOOD HOPE SHELTER, INC. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Jim Walston, attorney for the applicant, and Deb Jones, Executive Director for the applicant, were available for questions. Councilmember Wachter asked if this property is tax-exempt. Mr. Walston indicated that the property will be tax-exempt in 1998. Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve a Conditional Use Permit to allow an emergency shelter and transitional living center for homeless woman and children in Dakota County located at 3430 Wescott Hills Drive in the NE l/4 of Section 14 subject to the following condition: 1. The Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. Aye: 5 Nay: 0 CONSIDER CLAIM FOR DRIVEWAY REPAIR - BRIAR CREEK ROAD CounciImember Awada moved, CounciImember Wachter seconded a motion to deny a driveway repair claim requesting driveway replacement from 1058 Briar Creek Road. Aye: 5 Nay: 0 Page l1/Eagan Regular City Council Meeting Minutes September 2, 1997 00294 CONTRACT 97-13, APPROVE PLANS/ORDER AD FOR BIDS (SOUTHERN LAKES - TRUNK UTILITIES) Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the plans for Contract 97-13 (Southern Lakes Trunk Utility Extensions) and authorize the advertisement for a bid opening to be held at 10:30 a.m. Friday, October 3, 1997. Aye: 5 Nay: 0 IiEGI~LATIVF/lNTERGOVERNMENT AI.AFF AIRS DAKOTA COUNTY, NORTHERN SERVICE CENTER SITING DECISION City Administrator Hedges provided an overview on this item. Councilmember Wachter stated that he did not feel the Northern Service Center should be located in Eagan. He felt it would not be much of an advantage and it makes more sense to locate it on Robert Street in West St. Paul. CounciImember Masin disagreed stating that locating the center in Eagan would be convenient. CounciImember Awada asked how much work would be involved in submitting Eagan's name as a possible site. City Administrator Hedges explained that the City could indicate a couple of desired locations and submit them to the County who will make a determination. He suggested the TH 149/55 and Promenade areas as potential locations for the site. Councilmember Blomquist said that she would support including Eagan to be considered for the center. She added that the County commissioners who serve Eagan should be contacted regarding this possibility. Councilmember Masin moved, Councilmember Blomquist seconded a motion to direct the City Administrator to submit two sites, including Highway 149/55 and the Eagan Promenade shopping area, to be considered for the new Dakota County Northern Service Center. Aye: 4 Nay: 1 (Councilmember Wachter opposed) Councilmember Blomquist stated that she had talked to Jennifer Hearon of the Northern Dakota County Chamber of Commerce and the Eagan Small Business Association regarding the proposed change to the area code. She noted that the change will affect local businesses and their advertising efforts. City Administrator Hedges said that Assistant to the City Administrator Hohenstein had contacted various entities to determine their positions with regard to the proposed change. He noted that a memo had been prepared by Assistant to the City Administrator Hohenstein outlining the information. He commented that the City Council could stress to the Public Utilities Commission that they would prefer that the new area codes do not divide the jurisdictional boundary of the City. CounciImembers concurred and suggested that the Chamber's findings should also be reviewed when available. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to recommend that the Public Utilities Commission's decision regarding new area codes not divide the City of Eagan's jurisdictional boundary. Aye: 5 Nay: 0 ROUNDTABLE City Administrator Hedges suggested some possible days for Council members Blomquist and Awada to consider for meeting with the Comprehensive Guide Review Committee. He distributed copies of future work session topics. Councilmember Blomquist stated that she would like more budget work sessions to be held in order to further discuss the budget in greater detail. Councilmember Masin mentioned a future work session should be held to discuss prioritization and visioning for the Council. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve Special City Council meetings on September 30, October 7, October 14 and October 28 for topics presented by the Page 12/Eagan Regular City Council Meeting Minutes September 2,1997 00295 City Administrator including opportunities for Council visioning and additional budget review. Aye: 5 Nay: 0 CounciImember Wachter requested information on the increased cost of hospitalization insurance. He said that he is happy to see that the bus bench policy will be addressed at an upcoming work session. CounciImember Awada asked when comparable worth will be reviewed by the Council. She also asked if Councilmembers were interested in having the Personnel Committee review the affirmative action policy for the City. CounciImember Masin commented that Administrative Intern Lorenzo Davis, Jr. had resigned from his position and she stated that he did a great job and will be missed. She mentioned that she is going to be serving on a volunteer committee associated with the Department of Transportation. Councilmember Blomquist asked about Project 673R (Red Pine Lane and TH 3 upgrades) and why the property owners had not yet been assessed. Director of Public Works Colbert reiterated that the reason the final assessment hearing has not been scheduled is because the final costs are not known at this time. Councilmember Blomquist said that this has put constraints on some of the property owners due to the pending assessments. Director of Public Works Colbert stated that building permits are still issued even if there are pending assessments on the property. Councilmember Blomquist requested to see the pending assessments for these properties. CHECK REGISTER Councilmember Wachter presented City Administrator Hedges with questions on the bills list and Councilmember Blomquist reserved her right to comment on the bills. Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated August 28,1997 in the amount of $1,837,463.62. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 10:10 p.m. September 2, 1997 Date MLK ~ 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.