Loading...
03/02/1998 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL 00069 Eagan, Minnesota March 2,1998 A regular meeting of the Eagan City Council was held on Monday, March 2,1998 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, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. AGENDA City Administrator Hedges said that he would like to provide an update to the City Council on the proposed telephone area code change for the City of Eagan. He also said that the ratification of special City Council meetings to be scheduled for March 17 and 24 should be added to the Consent Agenda. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE FEBRUARY 17,1998REGULAR, MEETING Mayor Egan requested that on page 5, the second sentence in the sixth paragraph under public hearings, should be changed as follows, "Mayor Egan said that approximately two-thirds of the project cost for assessment is being paid for out of the general fund." Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OFTHE FEBRUARY 10,1998 SPECIAL MEETING Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE FEBRUARY 3,1998 SPECIAL MEETING Councilmember Blomquist requested that on page 1, the second sentence in the second paragraph under North Park be changed as follows, "She further reviewed the drawings and stated that she could tell what was approximately in the tests that were performed when Borchert-Ingersoll was operating as a business at that location." Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 VISITORS TO BE HEARD Henry Jandewerth, 1705 Walnut Lane, referenced a letter he wrote to City Administrator Hedges identifying his concerns with skateboarding in public streets. He said he spoke with the parent of a youth who is creating noise disturbances in the neighborhood by skateboarding and the use of a ramp in the street. He further said he wants to avoid having to call the Police Department to resolve this matter. He requested that the City Council adopt an ordinance addressing this situation or find a suitable location in the City for skateboarding. He added that skateboarding in the street creates safety issues. Mayor Egan stated that the issue has been well framed by Mr. Jandewerth and added that he believes dispute resolution should be tried first by the parties involved and, if the issue is not resolved, then more aggressive measures can be examined. He noted that the mayors of Rosemount, Eagan, EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2, 1998 PAGE 2 00070 Burnsville, Apple Valley and Lakeville are in support of a skateboard park proposed to be located in Burnsville. He further noted that the Eagan City Council has supported some limited financing of this park. He said that he would prefer to avoid creating an ordinance to address this issue. Councilmembers concurred. Police Chief Geagan stated that attempts were made last year to resolve this issue but were not real successful, but said they could make additional attempts again this year. Mr. Jandewerth said he would be willing to try dispute resolution as a means of resolving the matter with his neighbor. City Administrator Hedges stated that he would contact Mr. Jandewerth. CONSENT AGENDA In regard to Item A 1 and 2, Hiring of Utilities Supervisor and Hiring of Forestry/Parks Maintenance Worker, Councilmember Blomquist asked if the names of the individuals being recommended for hire were available. City Administrator Hedges said that interviews have been completed, but the reference checks are being conducted now and names will be provided at a later date. In regard to Item C, Contract 98-03, approve plans/authorize ad for bids (Oak Chase Add. - Street Improvements), Councilmember Blomquist indicated she would be abstaining from voting on this item. In regard to Item D, Project 737, receive resolution/petition from Inver Grove Heights and order feasibility report (Jubilation Add. - Utilities), Councilmember Wachter asked if the County or State will allow a widened access to the liquor store on the northern part of this property. Director of Public Works Colbert stated that the map of the jubilation Addition shows a second access. He further stated that the liquor store will be relocated to the south. He said that in discussions with the Inver Grove Heights' staff they believe that two accesses to this point will be allowed, however, he added that he has not seen MnDOT's response yet and would be surprised if they will allow the northerly access because it is located on a curve. In regard to Item F, Approve lease agreements with U.S. West Wireless for antennae installations (Safari and Deerwood Reservoirs), Councilmember Wachter inquired about the site maps. Director of Public Works Colbert explained that this item was being continued to the March 17,1998 City Council meeting because the appropriate documents were not prepared. In regard to Item G, Project 663, receive feasibility report/order public hearing (Valle View Plateau - Street and Utility Improvements), Councilmember Blomquist noted that the overall project cost was lower than the cost contained in the original feasibility report. Director of Public Works Colbert said this is the first time this feasibility report has been presented to the Council. Councilmember Blomquist asked how many appraisals were done. Director of Public Works Colbert stated that six appraisals were completed. Councilmember Blomquist said she would like information on what properties were appraised. In regard to Item I, Premises Permit Renewal Applications, Knights of Columbus #7604, to conduct pull tab operations at Richard's Food & Liquors located at 4185 South Robert Trail and Starks Saloon located at 3125 Dodd Road, Councilmember Wachter said he would like to see the Humane Society obtain a premise permit again to help with their financing. In regard to Item L, Recommendation, Airport Relations Commission, Metropolitan Aircraft Sound Abatement Council Alternate Representative, Tane Vanderpoel, Councilmember Blomquist said that City Administrator Hedges had already answered her question about the recommended appointment. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2, 1998 PAGE 3 000,71 In regard to Item N, Award bid packages 3, 6 & 10, second sheet of ice, Councilmember Wachter commented on the project savings of $87,000. In regard to Item P, Premises Permit Renewal Application, Eagan Lions Club, to conduct a pull tab operation at Cedarvale Lanes located at 3883 Beau d'Rue Drive, Councilmember Masin indicated she would be abstaining from voting on this item. A. Personnel Items Item 1. It was recommended to approve the hiring of a person to be named as the Utilities Supervisor. Item 2. It was recommended to approve the hiring of a person to be named as a Forestry/Parks Maintenance Worker. Item 3. It was recommended to approve the collective bargaining agreement for years 1998, 1999 and 2000 between the City of Eagan and the maintenance bargaining unit. Item 4. It was recommended to approve the collective bargaining agreement for years 1998 and 1999 between the City of Eagan and the sergeants bargaining unit. Item 5. It was recommended to approve the Constitution and By-laws of the Eagan Volunteer Fire Department as recently updated. B. Contract 96-11, acknowledge completion/authorize City maintenance (Norwest 3rd Addition /Extended Stay America Hotel - Watermain). It was recommended to acknowledge the completion of Contract 96-JJ (Norwest 3rd Addition/ Extended Stay America Hotel - Watermain) and authorize perpetual City maintenance subject to warranty provisions. C. Contract 98-03, approve plans/authorize ad for bids (Oak Chase Add. - Street Improvements). It was recommended to approve the plans for Contract 98-03 (Oak Chase Additions - Street Improvements) and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, April 2, 1998. (Councilmember Blomquist abstained) D. Project 737, receive resolution/petition from Inver Grove Heights and order feasibility report (jubilation Add. - Utilities). It was recommended to receive the petition/ resolution from Inver Grove Heights and authorize the preparation of a feasibility report for Project 737 (Jubilation Addition - Utilities). E. Hwy. 13 Improvements (4-lane upgrade), approve resolution requesting State and Federal funds. It 98-15 was recommended to approve a resolution requesting State and Federal funding for the expansion and upgrade of Hwy. 13 to a 4-lane divided highway and authorize the Mayor and City Clerk to execute all related documents. F. Approve lease agreements with U.S. West Wireless for antennae installations (Safari and Deerwood Reservoirs). (This item was continued to the March 17,1998 City Council meeting) G. Project 663, receive feasibility report/order public hearing (Valley View Plateau - Street and Utility Improvements). It was recommended to receive the feasibility report for Project 663 (Valley View Plateau - Street and Utility Improvements) and schedule a public hearing to be held on April 7,1998. H. Approve amendments to the Suburban Transit Authority joint Powers Agreement. It was 98-21 recommended to approve the amendments to the Suburban Transit Authority (STA) Joint Powers Agreement. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2,1998 PAGE4 00072 I. Premises Permit Renewal Applications, Knights of Columbus #7604, to conduct pull tab operations at 98-21 Richard's Food & Liquors located at 4185 South Robert Trail and Starks Saloon located at 3125 Dodd Road. It was recommended to approve resolutions renewing the charitable gambling premises permits for the Knights of Columbus #7604 for pull tab operations at Richard's Food & Liquors at 4185 South Robert Trail and Starks Saloon at 3125 Dodd Road. J. Correction to minutes for Linder's Greenhouses, Inc. Conditional Use Permit, approved February 3, 1998. It was recommended to approve the correction to the February 3, 1998 City Council minutes for the Conditional Use Permit for Linder's Greenhouses, Inc. K. Final Plat, RPMC Development Company - Eagan Business Commons 2nd Addition. It was 98-22 recommended to approve the final plat for Eagan Business Commons 2nd Addition located north of Lone Oak Road and west of State Highway 55 at 2980 Commers Drive. L. Recommendation, Airport Relations Commission, Metropolitan Aircraft Sound Abatement Council Alternate Representative, Tane Vanderpoel. It was recommended to appoint Jane Vanderpoel to be the City's alternate representative to the Metropolitan Aircraft Sound Abatement Council. M. Resolution, Metropolitan Council, Local Planning Assistance Grant Agreement. It was recommended 98-23 to approve the local planning assistance grant agreement resolution to receive $7,930.00 to offset expenses for the Comprehensive Guide Plan update. N. Award bid packages 3, 6 & 10, second sheet of ice. It was recommended to award bid packages 3, 6 & 10 for Phase II of the Civic Arena. 0. Contract 98-04, Rahn Park tennis court. It was recommended to approve Plans and Specifications for Contract 98-04, Rahn tennis court repair/ reconstruction. P. Premises Permit Renewal Application, Eagan Lions Club, to conduct a pull tab operation at Cedarvale 98-24 Lanes located at 3883 Beau d'Rue Drive. It was recommended to approve a resolution renewing the charitable gambling premises permit for the Eagan Lions Club to conduct a pull tab operation at Cedarvale Lanes located at 3883 Beau d'Rue Drive. Q. Schedule Special City Council meetings for March 17 and March 24 at 5:00 p.m. It was recommended to schedule Special City Council meetings for March 17 and March 24 at 5:00 p.m. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 PUBLIC HEARINGS VARIANCE, HELEN AND DOUGLAS BOLSTORFF LOT 3, BLOCK 1, PRETTYMAN HEIGHTS City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Doug Bolstorff, applicant, stated that the planning report accurately reflects the situation. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve a 10 foot variance to the required 30 foot front yard setback from a public right-of- EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2, 1998 PAGE 5 00073 way for Lot 3, Block 1, Prettyman Heights, located at 1553 Skyline Court in the SE 1/4 of Section 4 subject to the following condition: 1. The applicant shall ensure that the building plans, materials and construction are such that they will provide an interior sound level of 45 dBA as compared with a noise level of 65 DNL. Aye: 5 Nay: 0 PROJECT 726, GREENSBORO ADDITION (STORM SEWER IMPROVEMENTS) City Administrator Hedges provided an overview on this item. City Engineer Russ Matthys updated the Council on the activities that have occurred since the public hearing was held on February 3. He said that the residents are in agreement with having the improvements installed privately. He added that it would be appropriate to deny the project. He described the scope of the City's involvement in the private improvement process. Brad Wendel, 3734 Greensboro Drive, stated that City Engineer Matthys has done a wonderful job in assisting the neighborhood. 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 and deny Project 726 (Greensboro Addition - Storm Sewer Improvements). Aye: 5 Nay: 0 PROJECT 727, DONNEYWOOD ADDITION (STREET IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Design Engineer Gorder gave a staff report and provided details on the proposed project. He said it is being recommended that the project be combined with Project 728 in anticipation of receiving better bids. Councilmember Wachter commented on the property owners' share of the assessments and also the City's participation. Councilmember Blomquist asked if appraisals were completed. Director of Public Works Colbert stated that no appraisals were done. Mayor Egan opened the public hearing to anyone wishing to speak. Larry Wenzel, property owner on High Site Drive, said he did not feel that it is necessary to make additional improvements on High Site Drive since extensive repairs were done in 1997. He said that he plans construction in the area within the next year or so and would like to see the improvements postponed until after construction is complete to avoid damaging the street. Director of Public Works Colbert explained that in 1997 preparatory maintenance was completed in anticipation of the overlay. He added that doing the overlay at this time will extend the repairs and avoid the necessity for reconstruction. Mayor Egan asked if the cost would change dramatically if High Site Drive is not included in the project. Design Engineer Gorder stated that the property along High Site Drive is being assessed on a front-foot basis and the assessment amount would not change if this street were not included in the project. Ron McGrane, 1341 Jurdy Road, inquired about cost overruns and who will be responsible if there are additional costs. He asked if there has been any consideration given to the traffic that will be EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2,1998 PAGE 6 00074 generated by the businesses that will be constructed on the site where the Eagan Athletic Facility was located. Mayor Egan stated that if the project cost exceeds the estimate by 10% it will be necessary to schedule another public hearing. Director of Public Works Colbert said that it is anticipated that traffic from the senior care facility will take access directly onto Pilot Knob Road. There being no one else wishing to speak, Mayor Egan closed the public hearing and turned the discussion back to the Council. Councilmember Wachter stated that Mr. Wenzel has a legitimate concern, but noted that the improvements completed in 1997 were part of a strengthening program and will be beneficial in the completion of this project. He added that it may be possible to get better prices if this project is combined with Project 728. Councilmember Awada said that the cost of resurfacing the streets will be much less than having to reconstruct the street in the future if the improvements are not done. Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public hearing and approve Project 727 (Donnywood Addition and High Site Drive - Street Improvements) and authorize the preparation of detailed plans and specification. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) Councilmember Blomquist indicated she was opposed because of her concerns with the appraisals and the assessment policy. Mayor Egan said that the City Council has already had two workshops to discuss the assessment policy that have lasted for several hours each over the past four months. PROJECT 728, EVERGREEN PARK ADDITION (STREET IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Design Engineer Gorder gave a staff report and provided details on the proposed project. Councilmember Masin said that she noticed that in the minutes of the informational meeting questions were asked about who does the work and the quality. She stated that the City has had excellent contractors who have done the work on improvement projects. Mayor Egan added that City staff supervises the work being done on these projects. Mayor Egan opened the public hearing to anyone wishing to speak. Chris Neuer, 4287 Lodgepole Drive, referenced the square mileage included in Project 727 compared to Project 728 and asked why there is such a big difference in the amount of the assessments. Director of Public Works Colbert explained that Donnywood Addition has more lots compared to Evergreen Addition and; therefore, there are less lots to divide the cost between in Evergreen Addition. Michelle Neuer, 4287 Lodgepole Drive, asked about the cost of the curb and gutter repair. Director of Public Works Colbert said that 100%of the cost will be borne by the City. Councilmember Wachter stated that if the bids come in lower the savings will be passed on to the residents. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Blomquist asked if appraisals were completed on this project. Director of Public Works Colbert responded that no appraisals were performed. Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public hearing and approve Project 728 (Evergreen Park Addition and Carlson Acres - Street Improvements) EAGAN CITY COUNCIL, MEETING MINUTES; MARCH 2, 1998 PAGE 7 000 ! 5 and authorize the preparation of detailed plans and specifications. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) OLD .BUSINESS PRELIMINARY SUBDIVISION & FINAL PLANNED DEVELOPMENT, PRAIRIE OAKS PARTNERSHIP (PRAIRIE OAKS ADDITION) City Administrator Hedges provided an overview on this item. He mentioned that 50 notices were sent to the residents, but noted that some residents did not receive their notice. Debby Budd, 2151 Warrick Court, stated that only one person she talked to had received the notice. She added that the date of the City Council meeting was incorrect in the newspaper. City Administrator Hedges apologized for the misunderstanding and confusion. Mayor Egan said that this item would need to be continued to the March 17 City Council meeting. City Attorney Sheldon said it would be prudent to have Chris Moarn agree to an extension. Chris Moarn, applicant, said that he would like to find out if there is something the neighbors do not approve of in this plan. He indicated he would be willing to continue this two weeks. City Attorney Sheldon stated that the extension should be for 60 days. Senior Planner Ridley clarified that the extension would be for 60 days but the item will be rescheduled for the March 17 City Council meeting. City Attorney Sheldon said he was concerned that if there are problems with the proposal the Council will need to order the preparation of findings for consideration at a subsequent City Council meeting and there should be sufficient time to prepare the findings. Mr. Moarn agreed to a 30 day extension of the agency action deadline. Councilmember Awada moved, Councilmember Wachter seconded a motion to continue the consideration of a preliminary subdivision and final planned development for Prairie Oaks Partnership (Prairie Oaks Addition) to the March 17,1998 City Council meeting. Aye: 5 Nay: 0 Marcelle Reeder, 2155 Warrick Court, said the residents want to work with developer and City staff. City Administrator Hedges stated that he would contact Ms. Reeder to arrange for a meeting. CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS & RESOLUTION OF DENIAL PRAIRIE OAKS PARTNERSHIP (PRAIRIE OAKS ADDITION) Councilmember Awada moved, Councilmember Wachter seconded a motion to continue findings of fact, conclusions and resolution of denial of the Prairie Oaks Addition requested by Prairie Oaks Partnership located on Slater Road in the NW 1/4 of Section 31 to the March 17,1998 City Council meeting. 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 Services, discussed the limitations AT & T has been faced with in trying to find a suitable location for the antenna in order to provide adequate coverage. He said they have not been able to identify any other site that will address this need. He identified the other sites they looked at and the problems associated with locating an antenna on these sites. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2, 1998 PAGE 8 0 (VW 0, '76 Councilmember Wachter asked if they had explored locating the antenna on a power pole. Mr. Beck said the height would not be suitable to deliver the signal. Councilmember Awada asked Mr. Beck to explain why this particular location on the golf course is the only location suitable for the antenna. Mr. Beck stated that to the east the elevation drops about 100 feet and the location would start to be out of the search area. Councilmember Wachter asked if they explored a site at the Dakota County park to the east. Mr. Beck said that this site would be 120 feet lower than the golf course site. He mentioned that changing the location to another area of the golf course would have an impact on how well the antenna would function and would also require an access road and buried utilities which would impact the golf course. Councilmember Wachter suggested the site be located farther south and west over by the 1811, hole. Mr. Beck said they have considered that area and there is some grade change that would make it more difficult but not impossible. He added that the overwhelming concern is that the 18th hole is a signature area of the golf course and to move in heavy equipment would be undesirable. Councilmember Awada said that the owner of the course plans to build a new clubhouse next year. Mr. Beck stated that he has not had discussions with the owner about those plans. Further discussion occurred between the City Council and Mr. Beck regarding a number of alternate sites. Mr. Beck explained why the alternate sites were not suitable. Councilmembers felt that the appropriate signal could still be delivered if the antenna was moved a few feet to another location on the golf course. Mr. Beck presented pictures of antenna towers. Councilmember Awada stated that there is no vegetation on the site. She added that the Council is in support of technology, but AT & T needs to understand the concerns with the location of towers near residential homes. Mayor Egan said that there are prudent and feasible alternatives on the golf course other than this site. He added that it seems as if AT & T has been inflexible in looking at these alternative sites. Councilmember Wachter asked if it is possible to design the tower to look like a tree. Mr. Beck said that it is not possible to make the tower look like a Minnesota tree. Councilmember Blomquist stated that she finds it hard to believe that technology has to be located in such a confined area. Mr. Beck said there is no existing water tower or industrial land in the area to locate the antenna on. He added that Eagan's ordinance leaves them with very few options. He stated that AT & T has been doing their best to make this antenna fit in. Councilmember Blomquist said that if this is such a difficult site the City Council should find a site that could be used by multiple users. Mr. Beck agreed that the site should accommodate multiple users. Mayor Egan noted that the ordinance requires co-location. Councilmember Blomquist said she would like to hear from the Parkview Golf Course owner on what he feels is reasonable for the golf course. Councilmember Wachter said that other acceptable sites might include the southeast corner of the golf course, Oman Park, south and west of the golf course or the northwest corner by the golf course. City Attorney Sheldon stated that the City Council has to act within 60 days on a zoning application or request for a conditional use permit or they can extend action for an additional 60 days to get further information. Councilmember Awada said the City may need to hire an expert to determine if what Mr. Beck has said about the site is correct. She mentioned that the City Council supports the idea of a pole in this general area but they want to ensure the impact is minimal. Mr. Beck said that the site has to be acceptable for the golf course owner and for AT & T. He further said they cannot move the site significantly further to the south because the tower will not provide adequate coverage. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2, 1998 PAGE 9 00077 Mayor Egan stated that staff should work independent of the applicant to determine the most appropriate locations. Mr. Beck said it makes sense for the City to determine the most appropriate sites on publicly owned property, but added that this is a land use regulatory exercise and he said he did not know if the City has the authority to pick the locations. Mayor Egan commented that there is no scientific data that this is the best and only site. Councilmember Awada said she would like staff to be able to answer the question of whether there is a three block radius that the site needs to be located in to provide coverage the eastern portion of Eagan, Rosemount and Apple Valley. Mr. Beck said that AT & T has filed three applications, all of which comply with the ordinance, and he does not feel they will file a fourth application. He said they would be happy to continue to work with staff to try and move the tower to a different location on the golf course. He further said that they have made every effort to work with the City and to comply with all the regulations. Councilmember Masin asked if there is a problem with the City's ordinance and questioned if the City should determine the sites where these towers should be located. Councilmember Awada moved, Councilmember Wachter seconded a motion to continue the consideration of a Conditional Use Permit to allow a 100 foot tall communication monopole and equipment building on the northeast portion of Parkview Golf Course located at 1310 Cliff Road in the northwest quarter of Section 24 for up to 60 days to provide additional study on the application. Aye: 5 Nay: 0 City Administrator Hedges stated that the residents will be re-noticed. He asked the Council if they were granting the authority to hire an expert to determine if this is the most appropriate site for the tower. Mayor Egan said he would like to get cost estimates prior to spending any funds. COMPREHENSIVE GUIDE PLAN AMENDMENT, REZONING & 98-24.1 WAIVER OF SUBDIVISION, CENTRES GROUP EAGAN, LTD. City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter requested that if they have to remove the trees on the lot in the future the developer come before the City Council. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a Waiver of Subdivision for Lot 1, Block 1 Park Center Second Addition to create a .6 acre parcel to be combined with Park Center 60' Addition subject to the following conditions: Prior to any grading to accommodate parking being constructed in this .6 acre area, the developer shall provide a Tree Preservation/ Mitigation plan for review and approval by City staff. 2. The .6 acre parcel shall be incorporated into the Park Center Sixth Addition Final Subdivision and platted. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the Comprehensive Guide Plan Amendment of .6 acres from DIII to Commercial Planned Development. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2,1998 PAGE 10 Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a Rezoning of .6 acres from R4 to Planned Development as part of the Regal Cinema Park Center 6th Addition Planned Development. Aye: 5 Nay: 0 FINAL SUBDIVISION & FINAL PLANNED DEVELOPMENT PARK CENTER SIXTH ADDITION, CENTRES GROUP EAGAN, LTD. Senior Planner Ridley stated that this item was being continued to the March 17 City Council meeting because the appropriate documents had not been executed at this time. Councilmember Blomquist moved, Councilmember Masin seconded a motion to continue consideration of the Final Subdivision and Final Planned Development for Park Center Sixth Addition to the March 17,1998 City Council meeting. Aye: 5 Nay: 0 PRELIMINARY & FINAL PLANNED DEVELOPMENT COMMONWEAL DEVELOPMENT CORPORATION City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Councilmember Wachter stated that the issuance of a liquor license is not guaranteed. Dan Klumpner, representing Commonweal Development, stated that they are requesting that Condition No. 3 not be required if the restaurant and hotel will be operated under common ownership. Mayor Egan said he does not have any problem with that request. Mr. Klumpner discussed the type of market Microtel serves. Councilmember Awada moved, Councilmember Masin seconded a motion to approve a Planned Development Amendment to allow construction of an 83-85 room hotel and a Class I restaurant on 3.79 acres at the southwest corner of Lexington Avenue and Lone Oak Road subject to the following conditions: A Planned Development Agreement shall be executed for this site. A separate Final Planned Development Agreement will need to be completed for Phase II. The following exhibits are required for the Final Planned Development Agreements. Final Site Plan Final Phasing Plan Final Landscape Plan Final Signage Plan Final Lighting Plan Final Building Elevations Plan 2. The term of the Planned Development shall be five years. 3. The property should be subdivided and replatted prior to construction of phase 2 (the restaurant) of the development if the restaurant is not under common ownership with the hotel. 4. All building, parking/drive aisles, and landscaped areas shall be properly maintained. 5. This Planned Development approves a 35-foot setback of the hotel building from the Lexington Avenue road right-of-way easement for Lexington Avenue. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2,1998 ?r PAGE 11 0 ?r?.f7+JA No more than 1/3 of the hotel exterior shall be vinyl siding. The remaining building architecture and materials of the hotel shall be stucco, EIFS or masonry. One ground sign and one monument sign are approved in the locations shown on the site plan. All signage shall comply with the provisions of the City Sign Code. 8. Runoff from the parcel shall be directed to Pond DP-3.3, which contains sufficient wet pond volume to meet water quality treatment requirements for this development. 9. The developer shall insure that the building plans, materials and construction of the building improvements are such that they will provide an interior sound level of 50 dBA as compared with a noise level of 70 DNL. 10. The applicant shall submit a revised landscaping plan per the suggestions in the City's planning report and provide for a landscape screen on the east side. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.10, SUBD. 30 REGARDING REGULATIONS OF ATENNAE, TOWERS, SATELLITE DISHES AND WIND ENERGY CONVERSION SYSTEMS City Administrator Hedges provided an overview on this item. Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve an amendment to Chapter 11, Land Use Regulations, by amending Section 11.10, Subdivision 30 regarding regulations of Antennae, Towers, Satellite Dishes and Energy Conversion Systems. Peter Beck, representing AT & T, asked the City Council to consider allowing companies to locate antennae on other existing structures besides public utility towers. He stated that allowing this will eliminate the need for freestanding poles and will lessen the impact. He added that it is not always possible to locate on a power company's structure because of the lack of strength and, in those cases, a monopole can be installed in the middle of the structure. He further added that the Council may also want to consider allowing more height to the antennae along power line corridors. Councilmember Blomquist suggested that the City Council wait to see what types of requests the City receives. City Administrator Hedges stated that the Council could amend the ordinance to include other structures at the time an applicant requests to locate antennae on another structure. Councilmember Wachter said that Mr. Beck has a valid point about requesting the change to the height allowed for an antennae which is located on a public utility tower. Councilmember Awada stated that the suggested changes regarding a structure placed through a structure and the height of an antennae mounted to a public utility tower be studied and this item be continued to the March 17 City Council meeting. Councilmembers Awada and Blomquist agreed to withdraw their earlier motion. Councilmember Blomquist moved, Councilmember Masin seconded a motion to continue consideration of an amendment to Chapter 11, Land Use Regulations, by amending Section 11.10, Subdivision 30 regarding regulations of Antennae, Towers, Satellite Dishes and Energy Conversion Systems to the March 17,1998 City Council meeting to allow for further study. Aye: 5 Nay: 0 Oyu k.c&o EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2,1998 PAGE 12 +1 APPROVAL, PEG ACCESS MANAGEMENT REPORT AND DEFINITIVE AGREEMENT FOR THE TRANSFER OF PEG ACCESS RESPONSIBILITIES City Administrator Hedges provided an overview on this item. Cable Coordinator Reardon provided background information on the development of the PEG Access Management Plan. He mentioned that he attended the Burnsville City Council meeting earlier in the evening and the Council tabled this item because they had several questions and concerns. He identified the five sections of the management plan. He said that one of the concerns of the Burnsville City Council was the lack of definition of the Council's role. He explained that the Council will have the same role as they currently do. Mayor Egan said there is concern that the commission not become too autonomous. He further said he has been concerned about the cable commission members taking various trips and attending seminars. Reardon also discussed the staff issues, the location of the studio, equipment needs and programming. He said that Mayor Kautz of Burnsville was concerned with the appropriate balance of volunteer and community staffed programming. He addressed the issues with the budget. He noted that the City of Burnsville would like to have a more defined revenue plan for the next few years. He further noted that the City of Burnsville had requested a mission statement, but he said this is difficult to create at this time. Councilmember Blomquist said she would like to see more definition added to the role of the Council. Councilmember Wachter mentioned the possibility of locating the cable studio at the new Fire Administration building. Councilmember Blomquist said she had suggested this at one time. Councilmembers agreed that this possibility would be worth exploring. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve a recommendation by the Burnsville/Eagan Telecommunications Commission to approve the PEG Access Management Plan, subject to all parties reaching a final accord on the definitive agreement resolution. Aye: 5 Nay: 0 CONSIDERATION OF CHANGING FROM EVEN YEAR TO ODD YEAR ELECTIONS City Administrator Hedges provided an overview on this item. Councilmember Wachter said that he always favored an odd year election. He further said that since the school districts will share in the election costs he would like to change the election back to the odd year. He added that he feels an election in the odd year results in a better informed public. Councilmember Masin said the figures show that 50% or more of the public votes in the even years and it is clear that this indicates the public wants to vote in the even years. She added that if the Council is going to change the election year she would like the City to hold a community meeting to get input from the public. Mayor Egan disagreed with Councilmember Masin. He explained the difference in the percentages of voter turnout figures in odd year versus even year elections. He added that the municipal elections become extremely obscure when they are enveloped and flooded with political information on a number of other issues. He further added that in the odd year the candidates for local elections stand out independently. Councilmember Awada said that the League has indicated it is difficult to provide candidate forums in even year elections. Mayor Egan mentioned that the cities.of Minneapolis, St. Paul and Bloomington all have odd year elections because they feel the Mayor and City Council should stand alone from the Governor and President. Councilmember Masin suggested that the League should study the request to change election years. Councilmember Wachter said that the Council already has the League's opinion. EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2, 1998 PAGE 13 00081 Councilmember Blomquist stated that she has talked with several people and they feel it is quite presumptuous for the Council to make this decision. She said she would prefer that this item be placed on the ballot and provide the electorate with an opportunity to decide when they want to vote. She stated that only two school districts in Dakota County have opted for even year elections and only one city in the County has opted for odd year elections. She added that she would like research on why most other cities in the County holds elections in the even year. She asked how the Council expects to shorten or lengthen terms of councilmembers if the election is changed to the odd year. Councilmember Awada said that when the decision was made to change to even year elections the City Council cut terms by one year. She further said that the right thing would be to shorten terms. Councilmember Masin asked what the problem is with voter turnout from past even year elections. Mayor Egan stated that the voter focuses at top of the ballot in even year elections. He reiterated that the City Council deserves some dignity that local elections are not given when held in the even year. Councilmember Blomquist restated that she is concerned that the voters should have a say in changing the election year. Councilmember Awada said that the public was not asked before when the election year was changed. She added that she did not think a referendum needed to be held on this issue. Councilmember Awada moved, Councilmember Wachter seconded a motion to direct staff to prepare an ordinance changing the City's election from even to odd years. Aye: 3 Nay: 2 (Councilmembers Blomquist and Masin opposed) Mayor Egan said there are a myriad of things that are more deserving of a referendum. Councilmember Blomquist stated that this issue should be decided by the public instead of the Council. Councilmember Awada said that she has never had any member of the public comment on this matter. She added that the City Council makes decisions all the time on matters and this is not a major City issue. She stated that the Council is not lengthening their terms, but rather would be shortening them. Mayor Egan said that this is an attempt to enhance and improve the democratic process. He said the League of Minnesota Cities, the League of Women Voters and the Office of the Secretary of State do not have positions on this matter. Councilmember Masin stated that going to the public for input on this issue is important because the Legislature is mandating the school districts to change their election to November because they obviously saw there were a limited number of people having a certain amount of power. Councilmember Awada explained the difference in the percentage of voter turnout in even year versus odd year elections and added that the City will be helping the school districts by changing to an odd year election. Councilmember Blomquist asked to have information on the cost of an odd year election. .EGISLATIVF/INTERGOVERNMENTAL AFFAIRS City Administrator Hedges provided an update on the request by U.S. West and Frontier Communications to reopen the division of the 612 area code. He said they are asking that the area code boundaries be modified to correspond to exchange zones versus municipal boundaries. He noted that the City of Eagan could end up with some division of 612 and 651 area codes. He further noted that the Public Utilities Commission is asking that if cities are concerned about this request they should submit comments to the PUC by March 18. He added that the City Council has already passed a resolution to the affect that they would prefer one uniform area code for the entire City. He suggested that the Council could re-enforce their position and the resolution will be re-submitted to the PUC. 98-25 Councilmember Awada moved, Councilmember Wachter seconded a motion to adopt a resolution supporting the Public Utilities Commission's action that the entire corporate boundary of Eagan remain in one area code. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2,1998 O ` V 82 PAGE 14 ROUND TABLE Director of Public Works Colbert mentioned that there will be a Highway 13 special funding meeting Thursday at 4:00 p.m. City Administrator Hedges mentioned that the organ the City Council purchased is currently in the Community Room until a decision is made on where to place it in the Civic Arena. Councilmember Wachter asked how long the appraisers keep the appraisals. City Attorney Sheldon said that they are kept for two to three years by the appraisers. Councilmember Wachter asked how often the MVTA checks the routes to see how many people are actually using the bus. He said he was concerned to see so many buses stopping at stops with few riders. Councilmember Masin stated it is necessary to follow a schedule and show continuity to attract riders. She added that the schedule is reviewed at regular intervals. Councilmember Awada mentioned that a teen center will be discussed at the March 24 worksession. Mayor Egan presented a letter to City Administrator Hedges that was delivered by the Baillifs who are opposed to the proposal by AT & T to locate a tower on the golf course. Mayor Egan said that he attended the Seize the Day event at the Rosemount Community Center. He further said the youth made it clear they want a focal point to go following other events. He noted that a Town Meeting is scheduled for Thursday evening. Councilmember Wachter mentioned the possibility that funding for the Wescott Center facility could be utilized for a teen center. He expressed concern that the first two centers were not successful. City Administrator Hedges commented that it may be possible to use CDBG funding for a teen center. Councilmember Masin stated that she and City Administrator Hedges attended a Chamber meeting last Thursday and they discussed education, jobs and getting people to work. Councilmember Blomquist said that there is one residential area along Pilot Knob Road that is becoming unkempt. She stated that the Council needs to review the ordinance and find out what can be done with regard to the items being sold and the signs indicating rooms for rent. City Administrator Hedges said that staff is in the process of interviewing for the Code Enforcement Officer and they will plan to focus attention on the gateways to Eagan. He added that staff is receiving letters from residents on property maintenance issues and that it is anticipated that a draft ordinance will be prepared by April. Councilmember Blomquist stated that at the end of each motion councilmembers need to be more clear in communicating their vote. Mayor Egan said he will try and make sure the vote is understood. CHECK REGISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated February 26, 1998 in the amount of $1,593,312.56. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 10:45 p.m. MLK EAGAN CITY COUNCIL MEETING MINUTES; MARCH 2,1998 PAGE 15 March 2, 1998 Date 00083 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.