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03/06/2001 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota March 6, 2001 A regular meeting of the Eagan City Council was held on Tuesday, March 6,2001 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Awada and Council members Bakken, Carlson, Fields and Tilley (arrived at 6:40). Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Mike Dougherty. AGENDA Mayor Awada stated that the recognition of Maya Babu will be continued to the March 20,2001 City Council meeting. She also stated that Item B of the Consent Agenda regarding Issuance of Tax Exempt Bonds will be continued indefinitely per the request of the applicant; and item A under Old Business regarding a rezoning and preliminary subdivision for Manley Land Company will be continued. An item was added under Legislative/Intergovernmental Affairs Update regarding the approval of a resolution encouraging the Metropolitan Airports Commission to provide sound insulation to all single family residential properties in the 200 I DNL 210- 64 contour. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the agenda as amended. Ayes: 4 Nay: 0 MINUTES OF THE FEBRUARY 20, 2001 REGULAR COUNCIL MEETING Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the minutes of the February 20,2001 Regular City Council meeting as presented. Aye: 4 Nay: 0 VISITORS TO BE HEARD Terry Holcombe, 10167 Apennine Way provided a handout which included the February 15, 2000 City Council meeting that included discussion regarding the Betty Allen subdivision in Inver Grove Heights, a copy of the Minnesota Statutes 462.358 regarding subdivision regulations, and the Eagan City Code, Chapter 13 regarding expiration of subdivision approval. He requested that the Council declare the Betty Allen subdivision null and void because it has exceeded the time limit. City Attorney Dougherty explained that the Betty Allen subdivision was approved by Inver Grove Heights and that Eagan's approval was only in regard to a joint powers agreement. Chief Building Official Doug Reid, who will soon be retiring, addressed the City Council, recapping his 25 years of employment. City Administrator Hedges and the Mayor and Councilmembers commended Mr. Reid for his many years of dedicated service. STORM UPDATE City Administrator Hedges provided a brief overview of the neighborhood meetings that had been held. He stated that valuable information had been collected and will be compiled and given to the Council for consideration. He also stated that members of the Council will be meeting legislators in Washington D.C. on March 12 requesting assistance. Margaret Schriener of the Eagan Foundation provided an update from the Unmet Needs Committee. CENTRAL PARK UPDATE / COMMUNTIY CENTER PROJECT City Administrator Hedges provided an update on the status of Central Park and the Community Center. He further stated that the City Council had received the Master Plan at a special City Council meeting. Eagan City Council Meeting Minutes March 6,2001 Page 2 CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve the hiring of Jeff Bredemus, Jeanne Stafford, Alexander Lano, Diane Kline and Andy Bjorge as part-time seasonal winter recreation leaders. Item 2. It was recommended to approve the hiring of Brandon Barnes as a part-time seasonal skate guard at the Civic Arena. Item 3. It was recommended to approve the hiring of Lisa Vanderveer as a part-time seasonal skating instructor at the Civic Arena. Item 4. It was recommended to approve the hiring of Brad Roe, Brian Boufford, Ryan Palacio, Mindy Picka, Lauren Deiman, Sara Towle, Andrew Eelkema, Keri Ragsdale, Allison Bulger, Grant Mestnik, Brenna Beers, Kari Maland and Angela Kroll as part-time seasonal lifeguards for Cascade Bay. Item 5. It was recommended to approve the hiring of Kristi Guenther, Karen Hendrickson and Molly Towle as part-time seasonal lifeguard instructors for Cascade Bay. Item 6. It was recommended to approve the hiring of Ashley Kjos, Benjamin Elton, Amber Stevenson and Timothy Oberle as part-time seasonal guest services workers for Cascade Bay. Item 7. It was recommended to approve the hiring of Ryan Vanderlugt as a part-time seasonal guest services team leader for Cascade Bay. Item 8. It was recommended to approve the hiring of Justin Page, Glenn Smith, Sean Cosgrove and Michael Peterson as part-time seasonal operations and maintenance workers for Cascade Bay. Item 9. It was recommended to approve the hiring of Ryan Sisson as a part-time seasonal operations and maintenance shift leader for Cascade Bay. Item 10. It was recommended to approve the hiring of Nate Starkson, Sarah Roth, Alyssa Erdman and Dale Skogstad as part-time seasonal concessions workers for Cascade Bay. Item 11. It was recommended to approve the hiring of Michael Mason as a part -time seasonal concessions team leader for Cascade Bay. Item 12. It was recommended to accept the letter of resignation from Diane Downs, Utility Billing Clerk, who is retiring. Item 13. It was recommended to approve the hiring of Jenney Burwell as a part-time Clerical Tech III in Community Development Item 14. It was recommended to hire Dianne Lord as an Administrative Intern, effective in June 2001. Item 15. It was recommended to approve the compensation range adjustment for the position of Engineering Technician from Range H to Range l. Item 16. It was recommended to approve the compensation step adjustment for the City Engineer from Step 3 to Step 6 of exempt Range N. B. Issuance of Tax-Exempt Bonds for the Financing of Not- For-Profit Schools Including Faithful Shepherd. Continued indefinitely at the request of the applicant. C. ProclamationlBurnsville/Eagan Community Television Volunteer Appreciation Day. It was recommended 01-13 - A to proclaim Friday, March 16, 2001 as Burnsville/Eagan Community Television Volunteer Appreciation Day. D. 200 I Licenses. It was recommended to approve an Amusement Device License for Regal Cinemas Eagan 16 and renew a Commercial Fertilizer License for TruGreen Lawncare. E. Project 751. Dodd Road - Cliff Road to Butwin Road Street and Utility Improvements. It was recommended to receive the draft feasibility report for Project 751 (Dodd Road, Cliff Road to Butwin Road - Street, Utility & Trail Improvements) and schedule a public hearing to be held on April 3, 2001. F. Project 780, Galaxie Avenue Final Assessment Roll. It was recommended to receive the Final Assessment Roll for Project 780 (Galaxie Avenue - Street Overlay) and schedule a public hearing to be held on April 3,2001. Eagan City Council Meeting Minutes March 6, 2001 Page 3 G. Proiect 782, Old Sibley Memorial Highwav Final Assessment Roll. It was recommended to receive the Final Assessment Roll for Project 782 (Old Sibley Memorial Highway - Street Overlay) and schedule a public hearing to be held on April 3, 2001. H. Proiect 787, Chapel Hill Church Utility Extensions Final Assessment Roll. It was recommended to receive the Final Assessment Roll for Project 787 (Chapel Hill Church - Utility Extensions) and schedule a public hearing to be held on April 3, 2001. I. Proiect 789, Lone Oak Circle Final Assessment Roll. It was recommended to receive the Final Assessment Roll for Project 789 (Lone Oak Circle - Street Overlay) and schedule a public hearing to be held on April 3, 2001. J. Proiect 750R. TH 55 & Blue Water Road Access Modifications & Street Improvements. It was recommended to schedule a public hearing for Project 750R (TH 55 / Blue Water Road - Access Modifications and Street Improvements) to be held on April 3, 2001. K. Bridle Ridge 1st Addition (Lot 5, Block 9) Easement Vacation. It was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on April 3,2001. L. Blue Ridge 2nd Addition (Lot 1. Block 1 and Lot 2, Block 2) Easement Vacation. IT was recommended to receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on April 3, 2001. M. Completion of Schwanz Lake Clean Water Partnership Proiect Final Report. It was recommended to accept the Schwanz Lake Clean Water Partnership Project final report and officially authorize completion of the grant project and acknowledge that water quality challenges of Schwanz Lake remain and that priority management of the lake needs to continue indefinitely into the future. N. Submit DNR Outdoor Recreation Grant Application and Authorize Signature. It was recommended to authorize staff to submit an application to the Department of Natural Resources, Outdoor Recreation Grant Program for the funding of trail segments in Central Park and the Mayor to sign the required resolution. O. Date for DNR Outdoor Recreation Grant Application Public Hearing. It was recommended to wet Monday, March 19, 2001, 7:30 p.m. for the public hearing required for the submission of an Outdoor Recreation Grant proposal. Said hearing to be held at the regular meeting of the Park Advisory Commission. P. Data Practices Policy. It was recommended to approve the City of Egan's policies and procedures regarding public access to government data and rights of subject of data and to approve the appointment 01-14 of Deputy Clerk Mira McGarvey a the responsible authority for the purposes of meeting all requirements of Minnesota Statutes, Section 13.02 through 13.87. Q. Official Name Change of Cedarvale Area to Cedar Grove. It was recommended to officially rename the Cedarvale redevelopment study area to Cedar Grove Redevelopment Area. Councilmember Bakken moved, Councilmember Carlson seconded a motion to approve the Consent Agenda as amended. Aye: 5 Nay: 0 ,Eagan City Council Meeting Minutes March 6, 2001 Page 4 PUBLIC HEARINGS VARIANCE - GARDNER AND KAREN MILLER (4190 DIAMOND DRIVE) City Administrator Hedges introduced this item regarding a five foot variance to the required 30 foot setback from a public right-of-way for a front porch addition at 4190 Diamond Drive. Senior Planner Ridley gave a staff report. Mayor Awada opened the public hearing. There being no public comment, Mayor Awada closed the public hearing and turned the discussion back to the Council. .-j Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a five foot variance to the required 30 foot setback from a public right-of-way for a front porch addition at 4190 Diamond Drive, legally described as Lot 8, Block 4, Cedar Grove First Addition subject to the following condition: I. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. Ayes: 5 Nay: 0 VARIANCE - DALE AND CAROLE HEEBL City Administrator Hedges introduced this item regarding a variance request of ten feet to the required thirty-foot setback from a public right-of-way for a garage addition at 939 Waterford Drive East, legally described as Lot 4, Block 2 Wedgwood First Addition. Senior Planner Ridley gave a staff report. Mayor A wada opened the public hearing. There being no public comment, Mayor Awada closed the public hearing and turned the discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve a variance of ten feet to the required thirty-foot setback from a public right-of-way for a garage addition at 939 Waterford Drive East, legally described as Lot 4, Block 2, Wedgwood First Addition, located in the SE 114 of Section 26 subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the Council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The applicant shall obtain a building permit prior to beginning construction. 3. The proposed addition shall be constructed using materials to match the existing structure. Ayes: 5 Nay: 0 Eagan City Council Meeting Minutes March 6, 2001 Page 5 PROJECT 799, EAGANDALE CENTER INDUSTRIAL PARK/ EAGANDALE OFFICE PARK STREET OVERLAY Mayor A wada stated that since she rents property in the Eagandale Office Park, she would not be participating in the discussion of this item. She stepped down, and Councilmember Bakken took over as Acting Mayor. City Administrator Hedges introduced this item regarding Project 799, street overlay for Eagandale Center Industrial Park / Eagandale Office Park and authorization of the preparation of final plans and specifications. Assistant City Engineer John Gorder gave a staff report. Councilmember Bakken opened the public hearing. Roger Irvick, President of Northern Power Products, 2815 Eagandale Boulevard expressed his opposition to the concrete apron proposed for the driveways. He also expressed concern over access to his property during construction. Public Works Director Colbert stated that the construction schedules will be coordinated to work with the affected businesses in an effort to minimize the disruption. He further stated that a temporary entrance could be constructed if necessary. He stated that a representative from the City will visit the property to review the driveway access issues with Mr. Irvick. There being no further public comment, Councilmember Bakken closed the public hearing and turned the discussion back to the Council. Council member Carlson moved, Council member Fields seconded a motion to approve Project 799 (Eagandale Center Industrial Park / Eagandale Office Park - Street Overlay) and authorize the preparation of detailed final plans and specifications. Councilmember Carlson asked about temporary access to Mr. Irvick's property. Mr. lrivck described the layout of his property, stating that temporary access would be difficult but that he is willing to work with City staff. Councilmember Bakken asked Public Works Director Colbert if information will be sent out to the property owners. Mr. Colbert stated that once a contractor is selected, information be will sent out to each property owner. Council member Tilley asked when the construction is planned to begin. Assistant City Engineer Gorder stated that construction is scheduled to begin in May. He also stated that construction ofthe concrete apron could be scheduled for late week to allow time to dry over the weekend. A vote was taken on the motion. Aye: 4 Nay: 0 PROJECT 802, PILOT KNOB ROAD / DUCKWOOD DRIVE INTERSECTION IMPROVEMENTS City Administrator Hedges introduced this item regarding Project 802, intersection improvements for Pilot Knob Road and Duckwood Drive. Public Works Director Colbert introduced Jim Dvorak of SRF Consulting Group who reviewed the Feasibility Study Report, plans and schedule for the project. Mayor Awada opened the public hearing. There being no public comment. Mayor A wada closed the public hearing and turned the discussion back to the Council. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve Project 802 (pilot Knob RoadJDuckwood Drive) intersection improvements, including the Dakota County Highway Department recommendation, and authorize the preparation of detailed final plans and specifications and the acquisition of right-of-way and easements through quick-take Eminent Domain, if necessary. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes March 6, 2001 Page 6 OLD BUSINESS REZONING - VARIANCE AND PRELIMINARY SUBDIVISION BASIC BUILDERS, INC. City Administrator Hedges introduced this item regarding a rezoning of 12.5 acres from A (Agriculture) to R-I (Single Family); a Preliminary Subdivision (Finch Place) to create 23 lots; and a Variance to exceed the maximum cul-de-sac length of 500' located at 47900 South Robert Trail. Senior Planner Ridley gave a staff report. Council member Carlson moved, Councilmember Fields seconded a motion to direct staff to prepare Findings of Fact for Denial for a rezoning 12.5 acres from A (Agriculture) to R-I (Single Family) and a Preliminary Subdivision (Finch Place to create 23 lots and a Variance to exceed the maximum cul-de-sac length of 500 feet, located at 4790 South Robert Trail, on the north side of Red Pine Lane in the SE V4 of Section 36. Reid Hanson, Attorney representing Basic Builders stated that the plat complies with the City's Comprehensive Guide plan and that all City ordinances and policies have been met. He further stated that the developer had worked with the neighbors and that the only remaining issues are concerns over grading and the buffer area. He stated that the developer will build the homes and abide by the 30 foot buffer. He also discussed the proposed variances. He urged the City Council to approve the plat. Evelyn Nelson, fee owner ofthe adjacent property expressed concern over access to Red Pine Lane. Public Works Director Colbert asked Ms. Nelson about current access to her property. Ms. Nelson stated she accesses her property across the school property but that is not a legal driveway. Her legal access is by way of a private driveway easement along Farm Road to Highway 3. Councilmember Bakken asked Ms. Nelson how long she has been using the access across the school property. Ms. Nelson stated she had been using that access since she purchased the property in 1997. Mayor Awada stated that the issue will have to be resolved with the Finchs. Dan Miller, 4727 Bristol Boulevard, expresses his concern over the removal of trees along the railroad tracks, loss of the natural area, potential noise, increased traffic, and potential drainage problems. Steve Schapekalun, 4751 Bristol Boulevard, presented pictures of the wooded area and expressed his concern over the removal of trees. Terry Holcombe from Inver Grove Heights expressed his concern regarding increased traffic and safety issues. Curt Schroeder, 4713 Stratford Road, expressed concern over tree removal and the width of the proposed road. Mr. Hanson suggested that the resolution of the Nelson access issue be a condition of approval. He went on to address the drainage concerns and the four lots that are proposed to be on the private road. Councilmember Carlson stated that the Finchs have the right to develop their property but the development needs the City's approval. She stated she is concerned over the parcel that the City owns and is considering selling because it was originally purchased to eliminate stormwater problems. She suggested that the Council consider selling a smaller portion of the property. Councilmember Carlson displayed a proposal for the development that would not include all of the City owned property. Councilmember Fields and Councilmember Tilley agreed with Councilmember Carlson's proposal and indicated opposition to the private street. . Eagan City Council Meeting Minutes March 6, 2001 Page 7 Deb Finch, owner of the property discussed the history of the property, the agreement with the City to sell the parcel owned by the City, the construction of Red Pine Lane which was built to handle additional traffic, and her assessment of$IOO,OOO. Mayor A wada stated she is not in favor of the private street and feels that the main concern of the Council is the number of lots that will be located on that street. She stated that the applicant has the option to request a continuance and bring back a revised plan for review. Councilmember Bakken asked City Attorney Dougherty if the City could split off a portion of the City owned property proposed to be sold. Mr. Dougherty indicated that would be an option. Public Works Director Colbert stated he would prefer the City sell the entire parcel but retain a portion as an easement. Mayor Awada stated there is the possibility that the City could develop the parcel and recoup the initial cost ofthe land. Mr. Reid requested that the application be continued to allow time to review Council's comments and suggestions. Councilmember Carlson withdrew the motion to direct staff to draft Findings of Fact for Denial and accept the request for continuance. Councilmember Fields agreed to withdraw her second to the motion. Mayor Awada moved, Council member Carlson seconded a motion to continue the consideration of a rezoning, variance and preliminary subdivision for Basic Builders at the request of the applicant and direct staff to work with the developer taking into consideration the comments made by Council. Aye: 5 Nay: 0 REVIEW DEVELOPMENT CONDITIONS - ORCHARD HEIGHTS 2ND ADDITION (INVER GROVE HEIGHTS) City Administrator Hedges introduced this item regarding development plans for Orchard Heights 2nd Addition in Inver Grove Heights under the terms ofthe Joint Powers Agreement. Mayor Awada moved, Council member Tilley seconded a motion to approve development plans for Orchard Heights 2nd Addition (Inver Grove Heights) under the terms of the Joint Powers Agreement. Tom Gonyea, developer, was present to answer questions. Pat Simon of Inver Grove Heights and a member of the South Robert Trail Homeowners Association stated he feels the project is premature. Mayor Awada stated that the proposed development has incorporated all of Eagan's concerns. Council member Carlson discussed Inver Grove Heights' need to revise their Comprehensive Guide to include areas that have utilities that are maintained by Eagan. Councilmember Bakken stated that Eagan's concerns were originally regarding drainage and those issues have now been addressed. A vote was taken on the motion. Aye: 5 Nay: 0 REVISIONS TO COUNCIL MEETING PROCEDURES City Administrator Hedges discussed the proposed meeting procedure changes, stating that since the organizational meeting held on January 16, 2001, the City Council has determined that changes should be made to the regular City Council agenda to change Visitors To Be Heard at the beginning of the meeting to an open forum . Eagan City Council Meeting Minutes March 6, 2001 Page 8 from 6:00 to 6:30 p.m. in the Community Room. He stated this would better accommodate the needs of the public by providing a half an hour instead of ten minutes and provide more respect to those persons attending the regular meeting who have items scheduled on the official agenda. Administrator Hedges went on to explain that it had been suggested to move Comments by Council, Administrator and Departments, Storm Update, and Central Park Update/Community Center Project to the end of the agenda under the Administrative Agenda. This would also provide more respect for those persons scheduled as part of the regular agenda. He further addressed the suggested changes regarding Special City Council meetings which are normally held prior to the regular City Council meetings each month from 4:30 p.m. to 6:00 p.m. He stated that due to the new incorporation of an open forum and difficulty in adjusting work schedules to arrive at 4:30, the Council would like to designate the second Tuesday of each month as a Special City Council meeting which will be held in the Community Room. These meetings will begin at 5 :00 p.m. and will be tape-delay broadcast on cable television. Councilmember Tilley noted that there will still be a Visitors to Be Heard item at the end of the agenda. Mayor Awada noted that notices will be published in the newspaper regarding the changes. Councilmember Bakken moved, Councilmember Carlson seconded a motion to change the City Council meeting procedures by removing Visitors To Be Heard on the early part of the Council Agenda to be replaced by an open community forum from 6:00 to 6:30 p.m. in the Community Room preceding each regular Council meeting. Aye: 5 Nay: 0 Mayor Awada moved, Councilmember Carlson seconded a motion to move Comments by Council, Legislative/Intergovernmental Update, Storm Update and Central Park Update to the Administrative Agenda, and Approval of Minutes to the Consent Agenda. Ay: 5 Nay: 0 Mayor Awada moved, Council member Carlson seconded a motion to alter the City Council meeting, effective April 1, 2001 to discontinue all Special City Council meetings preceding regular City Council meetings and to direct the scheduling of a Special City Council meeting on the second Tuesday of each month unless otherwise directed by Council action. Aye: 5 Nay: 0 AMENDMENT TO THE EAGAN CITY CODE CHAPTER 11, SECTION 11.20 REGARDNG RIDING STABLES, BOARDING STABLES, AUCTION FACILITIES OR SALES BARNS, COMMERCIAL FEEDLOTS OR KENNELS. City Administrator Hedges introduced this proposed amendment which would allow the keeping of up to three domestic rabbits for noncommercial use and create kennel license procedures for the keeping of four or more adult rabbits. Mayor Awada moved, Councilmember Tilley seconded a motion to approve an amendment to Eagan City Code Chapter 11, Section 11.20 regarding riding stables, boarding stables, auction facilities or sales barns, commercial feedlots or kennels. Aye: 5 Nay: 0 AMENDMENT TO EAGAN CITY CODE CHAPTER 10, SECTION 10.12 REGARDING REGULATION OF DOMESTIC RABBITS City Administrator Hedges introduced this proposed amendment which will enable the keeping of rabbits as pets in Eagan. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an amendment to the Eagan City Code Chapter 10, Section 10.12 regarding regulation of domestic rabbits. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes March 6, 2001 Page 9 AMENDMENT TO THE EAGAN CITY CODE CHAPTER 6, SECTION 6.38 REGARDING REGULATIONS OF KENNELS City Administrator Hedges discussed the proposed amendment which would enable the keeping of rabbits as pets in Eagan. Mayor Awada moved, Councilmember Bakken seconded a motion to approve an amendment to the Eagan City Code Chapter 6, Section 6.38 regarding regulations of kennels. Aye: 5 Nay: 0 CENTRAL PARK MASTER PLAN City Administrator Hedges discussed the completion of the Central Park Master Plan, stating that the plan had been reviewed at a Special City Council meeting. Park and Recreation Director Ken Vraa discussed the plan, displaying artist renderings. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the Site Master Plan by Damon Farber Associates, and approval to initiate the design development phase for Central Park. Aye: 5 Nay: 0 NEW BUSINESS CONDITIONAL USE PERMIT - AT&T WIRELESS SERVICES City Administrator Hedges introduced this item regarding a conditional use permit to allow a wireless telecommunications service facility (a 150' monopole) and a 12' x 28' equipment building located at 3195 Terminal Drive. Senior Planner Ridley gave a staff report. Councilmember Bakken moved, Councilmember Tilley seconded a motion to approve a Conditional Use Permit to allow construction of a 150-foot monopole telecommunications tower on property located at 3195 Terminal Drive, legally described as Lot 2, Block 1, Sibley Terminal Industrial Park, in the NE V4 of Section 8 subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. As required by City Code, the 150-foot antenna tower shall accommodate the applicant's antennae and at least two additional comparable antennae for other communication providers; accept antennae mounted at varying heights; and allow the future rearrangement of antennae upon the tower. Documentation of this shall be provided at the time of application for building permit. 3. The applicant shall provide the City documentation from a registered structural engineer confirming the structural integrity of the proposed monopole. The documentation shall be submitted with the building permit application. 4. The tower and accessory equipment building shall comply with the general standards outlined in City Code Section 11.l0, Subdivision 31,F. 5. The equipment building shall be constructed of decorative concrete panels or concrete block, which has been scored at least twice, and painted to match the existing building. 6. The monopole tower shall be painted light blue or gray. 7. For security purposes, the climbing pegs shall be removed for the first 12 to 14 feet at the base ofthe tower. 8. The access drive and parking area adjacent to the lease area shall be surfaced with bituminous or concrete. A vote was taken on the motion. Aye: 5 Nay: 0 . Eagan City Council Meeting Minutes March 6, 2001 Page 10 REZONING - RHB, INC. City Administrator Hedges introduced this item regarding a rezoning of approximately 2.2 acres from R-l (Single Family) to R-3 (Townhouse), located west of Johnny Cake Ridge Road, on the southwest side of Wood gate Lane, adjacent to the south side of the Highline Trail. Senior Planner Ridley gave a staff report. Mayor Awada opened the floor for public comment. Penny Aaron, 725 Woodgate Lane expressed concern over increased traffic and pedestrian safety on Highline Trail. She also stated she felt single family homes would be more appropriate for the area. Wayne Tauer, Pioneer Engineering, discussed reasoning for the proposed rezoning, surrounding uses and tree inventory. Councilmember Carlson stated she preferred to see a proposed development before a rezoning occurs. She further stated she feels the property should remained zoned single family. Councilmember Bakken agreed. Councilmember Bakken moved, Councilmember Carlson seconded a motion to direct staff to prepare Findings of Fact for Denial. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges discussed the proposed resolution encouraging MAC to approve a sound insulation package for homes within the 2005 DNL 60-64 that allows homeowners the option of installing air conditioning or installing an acoustic noise-reduction package. Councilmember Bakken moved, Councilmember Carlson seconded a motion to adopt a resolution encouraging the Metropolitan Airports Commission to provide sound insulation to all single-family residential properties in the 2005 DNL 60-64 Noise Contour. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA REQUEST TO RECONSIDER PROJECT 798 City Administrator Hedges stated correspondence had been received from Maura Szydlowski asking that the City Council consider a reconsideration for reopening the discussion of Project 798 which was approved at the February 20,2001 City Council meeting for street rehabilitation for two subdivision, Canterbury Forrest and Wedgewood 1 s( Addition. Pat Byrd, 1001 Wedgewood, provided a petition from neighboring property owners opposing the over-lay project. She stated that she was told at the February 20 meeting that research would be done regarding the City's acceptance of substandard construction when the road was originally constructed. Public Works Director Colbert stated he had understood that information would be provided at the final assessment hearing when the final costs would be available. Mayor Awada explained that ifthe overlay work is not done now, it will ultimately cost more in the future. Councilmember Carlson explained the expense of reconstruction. Councilmember Bakken stated he could not support passing costs on to future property owners unless those owners would be informed. He stated there is a management plan in place to take care of the City's roads and it should be followed. . Eagan City Council Meeting Minutes March 6, 2001 Page 11 City Attorney Dougherty stated that the current City Council cannot bind future Councils to assessments. Councilmember Tilley stated that according to MNDOT, Eagan has one of the best pavement maintenance programs in the state. Tom Szydlowski expressed concern over the original substandard construction. Mayor Awada explained that at the time the road was constructed developers built the roads and then dedicated them to the City. ADJOURNMENT The meeting adjourned at 9:50 p.m. into an Executive Session to cover counter-proposals from the Police Dispatchers and Public Works Maintenance bargaining units. MBM '--)YlCLlt- J J . !AD; ,1O:D I Date ! &lctG i)? fliUu)J2~I~ Deputy City Clerk ,J If you need these lninutes 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, (651) 681-4600, (TDD phone: (651) 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.