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05/06/1997 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota May 6, 1997 00146 A regular meeting of the Eagan City Council was held on Tuesday, May 6, 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 Councilmember Masin moved, Councilmember Awada seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 MINUTES OF THE APRIL 15,1997 MEETING Councilmember Blomquist stated that on page 1, in the second paragraph under Department Head Business, the second sentence should be revised to read, "Director of Public Works Colbert stated that the Cliff Road reservoir has not been used for almost two years and explained that prior to those two years it was not exchanging water for another one and a half to two years." Mayor Egan requested that on page 7, in the first paragraph under Old Business, Recommendation, Airport Relations Commission, comments to Federal Interagency Committee on aviation noise, the fourth sentence should be revised to read, "Mayor Egan commented that he believes every municipal noise or airport group has considered the standard of 65 Ldn as being an inappropriate measurement for noise, standing alone, but rather it should be supplemented with other measurements, such as single event, LlO or other measurements of noise memes." Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 MINUTES OF THE APRIL 15,1997 SPECIAL MEETING Councilmember Wachter noted that on page 2, in the third paragraph, City Councilmember Hedges should be changed to Cih} Administrator Hedges. Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS RECOGNIZE NATIONAL PUBLIC WORKS WEEK (MAY 18-24) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert further explained the purpose of recognizing the Public Works Department. Mayor Egan stated that Public Works employees are often taken for granted for all they do until there is a crisis. He further stated that it is appropriate to acknowledge their work. Councilmember Masin moved, Councilmember Awada seconded a motion to approve a resolution declaring May 18-24 as National Public Works Week and authorize the Mayor and City Clerk to execute the document. Aye: 5 Nay: 0 Councilmember Masin said that the Fun Run and Arbor Day events were held in the City this past Saturday. She reported that she attended the Arbor Day event and there was a good turnout. EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997 PAGE 2 OC14'7 Councilmember A wada inquired about the City's street sweeping schedule. Director of Public Works Colbert stated that a second pass will be made to certain areas of the City to clean any remaining sand that may have been deposited since the initial pass. He noted that Dakota County is still sweeping some of the County roads. Councilmember Masin brought a videotape to be shown at the meeting to contrast the City of Burnsville's government channel with Eagan's government Channel 16. Mayor Egan asked if the City of Eagan has the capability to conduct similar programming. Assistant to the City Administrator Hohenstein explained that the City has the necessary hardware and software to provide this kind of information and it is anticipated it will appear on Channel 16 by the middle or end of May. He also explained that the success of the programming will depend on various City departments providing current information. CONSENT AGENDA A. Personnel Items Item 1. It was recommended to approve the hiring of a person to be recommended as a part-time Building Maintenance Worker, subject to successful completion of the City's physical examination requirement. Item 2: It was recommended to approve the hiring of Nora Flueger, Deborah Bunljer, LeiLani Fishcer, Julie Beecher, Lisa Heine, and Martha Buyck as part-time seasonal Concession Workers. . Item 3. It was recommended to approve the hiring of Andrew Hoveland, Dianna Bolander, Stanley Schneider, Marc Shippee, and Michele Weinzetl as seasonal Forestry Worker~. Item 4. It was recommended to approve the hiring of Nathan Hauenstein and John O'Toole as seasonal Parks Maintenance Workers. Item 5. It was recommended to approve the hiring of Katie Konat and Nicholas Torrini as seasonal Park Attendants. Item 6. It was recommended to approve the hiring of Sandra Gavin as a seasonal part-time Nature Instructor. Item 7. It was recommended to approve the hiring of Pao Lee and James Logan as Police Officers. Item 8. It was recommended to approve the hiring of Melinda Cohee, Lisa Hayden, John Hayden, and Michael Remington as seasonal part-time Tennis Program workers. Item 9. It was recommended to approve the hiring of Kathleen Fletcher and Sandra Hillyer as seasonal part-time Softball Camp workers. B. Proclamation observing May 15,1997 as Fairfield Suites Day. It was recommended to approve a resolution proclaiming May 15, 1997 as Fairfield Suites Day in the City of Eagan. 97-39 C. Final Subdivision - Horne Development for Kingswood Pond First Addition. It was recommended to 97-40 approve a Final Subdivision for Kingswood Pond First Addition consisting of 22 lots and two outlots located on the west side of Pilot Knob Road in the NE % of Section 21. D. Schedule public hearing, Professional Plastics, Incorporated, Minnesota Investment Fund application. It was recommended to schedule a public hearing for Monday, May 19, 1997 to consider a submittal to EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997 PAGE 3 0('1.48 the Minnesota Investment Fund for a low interest business loan for Professional Plastics Incorporated to support its relocation and expansion to the intersection of Yankee Doodle Road and Mike Collins Drive. E. Approve purchase agreement, Highway 55 TIF Redevelopment District, Gary and Beverly Kajer, 835 Lone Oak Road. It was recommended to approve the purchase agreement for the Gary & Beverly Kajer property located at 835 Lone Oak Road as a part of the activities of the Highway 55 TIF Redevelopment District. F. Project 717, Receive draft findings, cancel project (Ranier Lane ~ Street Improvement). It was recommended to receive preliminary findings, determine economic unfeasibility and cancel Project 717 (Ranier Lane - Street Improvements). G. Proiect 720, Receive feasibility report/ order public hearing (Eagan Business Commons). It was recommended to receive the feasibility report for Project 720 (Eagan Business Commons - Streets & Utilities) and schedule a public hearing to be held on June 3, 1997. H. Project 682, Receive final assessment roll/ order public hearing (Deerwood Townhomes - Utilities). It was recommended to receive the final assessment roll for Project 682 (Deerwood Townhomes - Utilities) and schedule a public hearing to be held on June 3,1997. I. Project 709R, Authorize detail plans (TH 13/Blackhawk Rd. - Signal & Roadway Imp.). It was recommended to approve the upgrading of TH 13 from Seneca Road to Yankee Doodle Road as a two lane divided highway with turn lanes and signalization at Blackhawk Road and authorize preparation of detail plans and specifications. J. Contract 97-04, Receive bids/ award contract (Cliff Rd. Water Treatment Plant - Standby Generator). It was recommended to receive the bids and award Contract 97-04 (Cliff Road Water Treatment Plant- Standby Generator) and authorize the Mayor and City Clerk to execute all documents. K. Contract 96-01, Approve change order No. (Eagandale Corporate Center - Utilities). It was recommended to approve change order No.3 to Contract 96-01 (Eagandale Corporate Center - Utilities) and authorize the Mayor and City Clerk to execute all related documents. L. Contract 96-20, Approve change order #1 (Yankee Doodle/Promenade Central Area - Streetlights). It was recommended to approve Change Order No.1 to Contract 96-20 (Yankee Doodle/Promenade Central Area - Streetlighting) and authorize Mayor and City Clerk to execute all related documents. M. City Auction, set date for May 17, 10:00 a.m. at Eagan Maintenance Facility, 3501 Coachman Point and declare bicycles, unclaimed property and miscellaneous City property to be surplus. It was recommended to schedule the Eagan City Auction for 10:00 a.m. on Saturday, May 17, 1997, at the Eagan Maintenance Facility, 3501 Coachman Point and to declare items, including bicycles, unclaimed property and miscellaneous City property, to be surplus eligible for sale. N. Designation of administrative hearing officer - dangerous dog designation. It was recommended to authorize staff to designate a hearing officer for an administrative hearing of the facts associated with the designation of a dangerous dog. O. Hourly rate adjustment, Civic Arena. It was recommended to approve an hourly rate adjustment for prime-time hours from $125.00 to $130.00 per hour effective October 1, 1997. P. Vacate public right-of-way & utility easements, receive petition/ order public hearing (Lexington Add.). It was recommended to receive the petition to vacate all public right-of-way and utility easements within the Lexington Addition and schedule a public hearing to be held on June 3,1997. EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997 PAGE 4 OC1.49 Q. Final Planned Development, Homestead Village for Eagandale Center Industrial Park No. 14. It was recommended to approve a Final Planned Development for a 130 room extended stay hotel for Lot 1, Block 1, Eagandale Center Industrial Park No. 14 at the southeast corner of the intersection of I-35E and Lone Oak Road. . R. Application for Shows License, Alotta Amusements, for a carnival at the Tuly 4th Fun Fest. It was recommended to approve a shows license for Alotta Amusements, to conduct a carnival at Sky Hill Park on July 3-6, 1997. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 ADMINISTRATIVE AGENDA EMPLOYEES ACTIVATED BY THE NATIONAL GUARD City Administrator Hedges provided an overview on this item. Councilmember Masin said that approving the policy for granting the difference in pay between the City's salary and military salary and continuation of health coverage and other City benefits beyond the 15 day statutory division is a way for the City to help provide support to the flood victims and she supported the policy. City Administrator Hedges noted that there is a State statute that requires cities to continue to pay the usual compensation and benefits to employees called to active duty or annual training by the National Guard for up to 15 working days per calendar year. Councilmember Masin moved, Councilmember Blomquist seconded a motion to approve a policy for granting the difference in pay between the City's salary and military salary and continuation of health coverage and other City benefits beyond the 15 day statutory division due to active duty status caused by the floods. Aye: 4 Nay: 1 (Councilmember Awada opposed) City Administrator Hedges noted that a fax was sent to all mayors in the State from the League of Minnesota Cities informing them of ways cities can help other cities affected by flooding. He commented that other cities assisted the City of Eagan after the May, 1996 windstorm with the use of their equipment and personnel. He added that there are some issues such as joint powers, insurance and liability that need to be addressed by him and the City Attorney. He asked if the Council was agreeable to staff exploring possible ways for the City of Eagan to offer help, contingent upon Council approval. Councilmembers concurred that they were agreeable. SPECIAL CITY COUNCIL MEETING SCHEDULE City Administrator Hedges outlined the need for Special City Council meetings in May. Councilmember Masin asked what benefit there is to determining the amphitheater site at this time if this is going to be done in conjunction with the central area park. City Administrator Hedges indicated that there are three different sites that have not been examined by the Council yet. Councilmember Masin said that the Council should still consider the Dart site. Councilmember Wachter stated that the Dart site should not be considered further because it is probably too cost prohibitive. Councilmember Awada mentioned that the Council could drive by the Dart site during their tour of the other sites. Councilmember Awada moved, Councilmember Wachter seconded a motion to set Special City Council meetings for May 15 at 5:30 p.m. (deleting the May 13 Special City Council meeting), May 19 and May 27 at 5:00 p.m. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997 PAGE 5 00150 PUBLIC HEARINGS CERTIFICATION OF DELINQUENT UTILITIES City Administrator Hedges provided an overview on this item. Mayor Egan opened the public hearing to anyone wishing to speak Robert Hemish, 3415 Federal Drive, stated that he did not receive proper notification about his assessment. He added that he had moved and did not receive notification at his forwarding address. He objected to paying the $25 certification fee, but said he was willing to pay the actual assessment amount. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Director of Public Works Colbert stated that if a misunderstanding has occurred staff could work with the Finance Department to ensure the bill is paid without an additional fee being assessed. City Administrator Hedges noted that the penalty could be waived. Councilmembers concurred that they did not have a problem with Mr. Hemish making payment without a penalty being assessed if he did so by May 7. Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public hearing and approve certification of delinquent utility accounts to Dakota County for collection with property taxes, with the exception of Robert Hemish, PID #10-68055-030-01, who will be responsible for principal only if paid by May 7,1997. Aye: 5 Nay: 0 V ACATE PARTIAL PONDING EASEMENT (LOT 25, BLOCK 1, CANTERBURY FOREST) 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. Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public hearing and approve the vacation of a portion of a drainage ponding and utility easement located as described over Lot 25, Block 1, Canterbury Forest and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VACATE DRAINAGE & UTILITY EASEMENT (OUTLOTS C & D, LONE OAK ADD.) 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. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to close the public hearing and approve the vacation of the drainage and utility easements as described over Outlots C and D of the Lone Oak Addition and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 OLD BUSINESS ORDINANCE AMENDMENT, CITY CODE CHAPTER 7, STREETS AND SIDEWALKS, PERTAINING TO THE MANAGEMENT OF PRIVATE USES OF PUBLIC RIGHTS OF WAY Councilmember Awada moved, Councilmember Masin seconded a motion to continue indefinitely consideration of an amendment to Eagan City Code, Chapter 7, concerning the management of private uses in the public right-of-way. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997 PAGE 6 OC151. Councilmember Wachter raised the question of whether the natural gas companies' pipes would be in the sidewalk right-of-way. Director of Public Works Colbert said they usually are located there. JOINT POWERS AGREEMENT WITH INVER GROVE HEIGHTS - UTILITY EXTENSIONS City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report and stated that staff did not receive any written comments from Inver Grove Heights. He provided clarification to Section 8.10 and 13.1. He noted that the Inver Grove Heights' staff has had limited time to review the final draft, but he further noted that they did have input into the final draft. Councilmember Masin asked why the City of Eagan is responsible for the cost of oversizing. Director of Public Works Colbert explained that trunk area charges will be collected from the developer in Inver Grove Heights to cover the cost of oversizing. Councilmember Masin asked if the City of Eagan will be overseeing the training of the Inver Grove Heights staff with regard to maintaining the water services. Director of Public Works Colbert said that Inver Grove Heights will own and maintain the system within their community and it will have to be maintained according to industry standards. He added that the Inver Grove Heights staff is very professional. Councilmember Wachter stated he is concerned about Eagan paying for the oversizing and he asked who would be responsible for putting in the streets and maintaining them. Director of Public Works Colbert noted that Inver Grove Heights will be responsible for putting in and maintaining the internal local streets. He reiterated that money will be collected from the developer to pay for the oversizing. Councilmember Wachter asked if a well is needed, where would it be drilled and who would own it. Director of Public Works Colbert stated that no well is required within Inver Grove Heights, but only the construction of an elevated water tower will be necessary. He explained the projection for future well needs and further discussion occurred. He added that a water supply connection fee will be collected with each building permit and will be supplied to the City of Eagan. Councilmember Wachter stated that he does not feel the southern area of Inver Grove Heights should be developed until 120th Street is extended. He added that he does not believe this Joint Powers Agreement will benefit the City of Eagan and he said he was concerned about the impact of the increased traffic in the Weston Hills neighborhood. Director of Public Works Colbert noted that a condition is included in Section 4.1 which protects the City by requiring that the City of Inver Grove Heights receive the City of Eagan's approval prior to constructing any street which would connect to an existing street in Eagan. Councilmember Blomquist asked about the connection fee and what that covers. Director of Public Works Colbert explained that the connection fee covers many things including, financing of the Water Treatment Plant, funding the water supply, needed storage, wells and reservoirs, sewer and water connection charges, and any previously unassessed costs. Councilmember Blomquist said that it is important to ensure that Eagan residents are not subsidizing any part of this cost. She questioned the 10% administrative fee that the City of Inver Grove Heights is entitled to deduct and retain and said that the City of Eagan should be charging 10% more to cover this fee. She also asked who would be responsible for paying the cost of vandalism if it occurs to the water tower and felt a figure should be calculated in so the City of Inver Grove Heights would have to incur the expense. Councilmember Masin suggested continuing this item to allow neighborhood meetings to be held to discuss the traffic concerns of the residents of Weston Hills. Councilmember Awada noted that there is a condition in the agreement that addresses this concern. Councilmember Wachter mentioned that he received a call from a resident in that area who said the Council does not listen to the neighbors. Councilmember Awada supported the agreement and said she feels confident that Director of Public Works Colbert will ensure the City of Eagan recovers any and all costs. She said that the City of Eagan needs a water tower and the cost of it will be financed by user and connection fees from both cities. EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997 PAGE 7 OC152 Mayor Egan said that he hoped the City Council would be as objective with this particular agreement as they have been with other agreements. He said this agreement carries out the charge that was given to staff and he believes the City of Eagan will receive a direct benefit by being able to control quality development outside the City's boundaries. Discussion occurred regarding the City of Inver Grove Heights' comprehensive planning, the increased burden on the School District, and traffic to Red Pine School. Councilmember Masin said that the Council's concerns have been addressed. Councilmember Wachter complimented the staff on trying to answer the Council's questions. Mayor Egan asked if the City of Eagan has made money selling water. Director of Public Works Colbert stated that the City of Eagan will be making money from the collection of user fees charged to Inver Grove Heights. Councilmember Awada moved, Councilmember Masin seconded a motion to approve a comprehensive Joint Powers Agreement with Inver Grove Heights and authorize the Mayor and City Clerk to execute all related documents. Aye: 3 Nay: 2 (Councilmembers Wachter and Blomquist opposed) ORDINANCE AMENDMENT REGULATIN9 ANTENNA, TOWERS, SATELLITE DISHES AND WIND ENERGY CONVERSION SYSTEMS City Administrator Hedges provided an overview. Councilmember Wachter thanked the Advisory Planning Commission members for their work on this ordinance amendment. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve an amendment to the Eagan City Code Chapter 4, "Construction Licensing, Permits and Regulation, Including Signs, Excavations and Mobile Home Parks" by deleting Section 4.50 "Placement, Erection and Maintenance of Wind Energy Conversion Systems and Radio or T.V. Towers" and amending Chapter 11, Land Use Regulations (Zoning)" by adding Section 11.10, Subdivision 30, regarding regulations of "Antennae, Towers, Satellite Dishes and Wind Energy Conversion Systems". Peter Beck, representing AT & T Wireless, said they would like the ordinance to allow the placement of antennas on apartment buildings since this is a desirable alternative to erecting a separate pole. He added that the ordinance only allows for poles to be constructed in industrial zones and they feel poles should also be allowed in other districts such as, Business Park, Research & Development and Community/Regional Shopping Center. He further added that this will allow them to provide service to the entire City. Councilmember Awada said that if the scientific need arises for more poles in certain parts of the City, Mr. Beck could come back to the Council and request an ordinance amendment. A vote was taken on the motion: Aye: 5 Nay: 0 APPOINTMENTS TO THE ADVISORY PARKS COMMISSION City Administrator Hedges provided an overview on this item. Councilmember Masin moved, Councilmember Wachter seconded a motion to appoint Mark FiIipi as a full member to serve the remainder of a three-year term to expire December 31, 1997 and Steven Knutson as an alternate member to serve the remainder of a one-year term to expire December 31, 1997 on the Advisory Parks Commission. Aye: 4 Nay: 1 (*Councilmember Blomquist opposed) *Councilmember Blomquist noted that she approved of the appointment of Steven Knutson as alternate but she did not approve of the appointment of Mark Filipi. EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997 PAGE 8 OC153 PROJECT 717, RANIER LANE - STREET IMPROVEMENT (This item was on the consent agenda) Cherie Coffman, 1391 Ranier Lane, asked if there is anything else that can be done to improve Ranier Lane. She suggested the improvements could be included with another project. She stated they would like a simple overlay of blacktop and nothing elaborate. Councilmember Wachter added that this is one of the last areas that is not improved. He said the City conducted a study and the price to improve that area is preposterous. Mayor Egan said that the price may not be so preposterous if the improvements were done to all of Country Home Heights because then the price would be spread out to all lots. He further said that if a petition is signed by at least 35% of the residents in County Home Heights it might be feasible to improve the street. Councilmember Awada asked if the street could be upgraded with blacktop only, but not to City standards, similar to Dodd Road. Director of Public Works Colbert explained that there would still be questions about the need for drainage and gutters. He further explained that Dodd Road had rural drainage ditch sections and County Home Heights does not. Councilmember Wachter asked how long the blacktop overlay lasted on Dodd Road. Director of Public Works Colbert said it lasted about eight or nine years. Councilmember Blomquist stated that the traffic in the Country Home Heights area will be less than on Dodd Road. She suggested that staff investigate the feasibility of a blacktop overlay with a gravel base for the entire development. Councilmember Wachter noted that the advantage to using blacktop is that it can be reused which will result in a cost savings. Councilmember Blomquist moved, Councilmember Awada seconded a motion to direct a study to install a blacktop overlay with a gravel base for Ranier Lane. Aye: 5 Nay: 0 Councilmember Wachter stated that the study should be undertaken. at the Director of Public Works Colbert's convenience. NEW BUSINESS REQUEST FOR CITY CODE CHANGE REGARDING LIMITATION ON OWNERSHIP FOR ON-SALE LIQUOR LICENSES City Administrator Hedges provided an overview on this item. Tom Torgerson, President of Torgerson Properties, said he is an owner of the Green Mill Restaurant and would also like to propose a Hilton Garden Inn. He requested the ordinance be changed to allow a person to be granted more than one liquor license. Mayor Egan commented that the City has a long list of liquor license holders and they have had to abide by this policy. Councilmember Blomquist said she did not feel the policy should be changed. She mentioned that in the past, the Council did not bend the policy for the owner of Big Top Liquors and so he put an additional liquor license in a relative's name. Mayor Egan stated that the Council wants to be flexible and accommodate him but they have established a precedent and do not want to offend other liquor license holders. Mr. Torgerson stated that the Hilton Garden Inn is a separate legal entity from the license holder of the Green Mill. Mayor Egan noted that the determination is based on stock ownership. Councilmember Awada asked if a liquor license runs with the building. City Attorney Sheldon said the license is issued to an individual at a specific location and it runs with both. He further said the license is not transferable. Councilmember Masin asked what the history is behind this restriction in the City Code. City Attorney Sheldon said that initially this restriction was set up when there were relatively few liquor licenses and the City did not want one entity to control a significant portion of them. Councilmember Blomquist stated that the reason for this restriction was to hold one person responsible to ensure things were done legally. Councilmember Awada added that times have changed and she does not have a problem with a business owner opening up more than one establishment and having more than one liquor license. Mayor Egan noted that some of these policies were generated during the City's early days. EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997 PAGE 9 00154 Councilmember Blomquist stated that she thinks there were some legal issues as to why there is this restriction and she suggested that this item be continued to allow the Police Chief to research and review the issues. Mayor Egan commented that other City staff, such as the Planning Department, should also examine objective grounds for why this policy should be maintained. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to continue this item indefinitely. Aye: 5 Nay: 0 RECOMMENDATION, AIRPORT RELATIONS COMMISSION, COMMENTS ON FAA DECISION, EAGAN-MENDOTA HEIGHTS CORRIDOR CROSSING PROCEDURE City Administrator Hedges provided an overview on this item. Councilmember Blomquist moved, Councilmember Masin seconded a motion to approve a recommendation by the Airport Relations Commission to submit comments to the Federal Aviation Administration concerning a decision to modify procedures in the Eagan-Mendota Heights Corridor as presented. Aye: 5 Nay: 0 COMPREHENSIVE GUIDE PLAN AMENDMENT - COMMONBOND COMMUNITIES City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Greg Korstad, attorney representing Tiller Corporation, addressed some of the concerns with regard to this development. He stated that the noise issue should not be a factor in determining if the property is use able for residential because noise attenuation measures will be undertaken. He also stated that a concern was raised about the ability of this development to function in the community. He commented that there are problems with locating multi-family developments near single-family developments. He also addressed a letter sent by Jerry's Landscaping in regard to the safety of children. He added that there is already a neighborhood across Nicols Road with children. He further added that this housing development will deter vandalism. He said that currently the property is vacant and improper uses are now occurring at the site. Gary Sauer, President of Tiller Corporation, commented that this property has been hard to market. He noted that this is a low-profile development. Doug Mayor, representing CommonBond Communities, provided background information on their company and their programs, discussed the proposed project and the benefits of the development and explained why this is a desirable location for this project. Councilmember Masin referenced the letter sent by Jerry's Garden Center and acknowledged that their concerns are legitimate. Mr. Mayor said that they have not had any problems with vandalism in any of their other communities. He added that their management style involves integration into the community which, in turn, results in less problems with youth. Councilmember Masin said she was concerned about the noise that will be generated by the landscaping center and the impact it will have on the residents. She cited a similar situation the Council has been dealing with in regard to a landscaping company and the adjacent residents. Mr. Mayor said there is not much landscaping activity that occurs on this site. Councilmember Wachter asked if there was any way to anticipate how much noise the new runway will generate. Mayor Egan noted that the noise from the runway is more compatible with commercial development. Mr. Mayor said that the noise is considered to be Category IV and their architect has assured him that there can be design standards to mitigate this noise level. EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997 PAGE 10 OC155 Jay Schweim, Jerry's Garden Center, 4381 Nicols Road, said that their property was zoned commercial and should stay that way. He said they are concerned about the safety of children due to the increased traffic of trucks hauling in the area, the attraction to their machinery and dirt piles. He also expressed a concern over the noise and dust that is generated by their operation. Mr. Korstad said that safety issues do exist, but he added that Tiller Corporation has not been able to successfully market this piece of property and that the same constraints will exist for commercial development. He explained that there is a perimeter road that will provide a barrier and also a greenway in the center to provide a circular flow of traffic. He said that all of the issues could be addressed in a conditional use permit. Councilmember Wachter asked if the Police and Fire Departments have reviewed this proposal. Senior Planner Ridley said that the Fire Department reviewed it and it is acceptable and they have not received any comment from the Police Department. Councilmember Wachter stated that there is only one entrance and this could create a bottleneck in the event of a fire. He added that the sound factor is a consideration because of the freeway and runway noise. Councilmember Masin asked if staff has made any attempt to deal with noise being generated from Jerry's Garden Center. Senior Planner Ridley stated that the site plan is only conceptual. He added that the site is on an even level with Jerry's which may not create as big a problem as the one at the other landscaping site in the City where there has been some problems. He further added that appropriate screening and berming would be required if necessary. Mayor Egan he is sympathetic to what CommonBond Communities is trying to do and he commended them for their efforts. He commented that there are many barriers to successful residential development of this property, such as noise and safety issues as well as incompatibility between the residential development and Jerry's Garden Center. Councilmember Awada said she appreciates what CommonBond Communities is trying to accomplish and she encouraged them to continue to look for another site that is close in proximity to the same amenities as were located near this site. Councilmember Awada moved, Councilmember Wachter seconded a motion to deny a Comprehensive Guide Plan Amendment to change the land use designation of approximately six acres platted as Lots 1 and 2, Cedar Ridge Second Addition in the NW % of Section 30, from GB, General Business, to D-III, Mixed Residential 6-12 units per acre and direct the City Attorney to prepare Findings of Fact for denial. Aye: 5 Nay: 0 CONDITIONAL USE PERMIT - MARVIN DAVIS City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Applicant Marvin Davis was available for any questions. Mayor Egan asked if this request will expand the use of Cedarvale Mall. Senior Planner Ridley said that is not certain yet. He added that this use may generate more traffic and interest in this area. Councilmember Blomquist said she was in favor of this request. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Conditional Use Permit (CUP) to allow a seasonal outdoor sale consisting of a "Market Place" to sell products including; produce, arts and crafts to be located in the parking lot of the Cedarvale Mall located at 3900 Sibley Memorial Highway, (PID #10-01900-051-06) in the NE % of Section 19 subject to the following conditions: 1. The CUP shall be recorded at Dakota County within 60 days of Council approval and submitted to the City. EAGAN CITY COUNCIL MEETING MINUTES; MAY 6,1997 PAGE II 00156 The CUP shall be continually subject to the following conditions: 1. The vending booths and display shall only be permitted on Saturdays and Sundays between A prill 51 and December 3151 of each year. 2. Sales shall only be permitted between the hours of 8:00 a.m. to 5:00 p.m. 3. Vendors may set up booths no earlier than 7:00 a.m. Saturday and must remove the booths by 9:00 p.m. each Sunday. 4. The vending booth area shall be bordered with barriers while in place and shall conform with the standards of the Uniform Fire Code. 5. All signage shall meet City Code requirements. 6. No outdoor storage other than which is approved by the City shall occur on the site. 7. The site shall be maintained free of trash and debris. 8. Any trash associated with the proposed use shall be removed by 9:00 p.m. each Sunday. 9. No parking shall occur on any adjacent property without the written permission of the adjacent property owner. 10. Drive isles 24 feet in width shall be painted on the parking lot as shown on the site plan dated March 4, 1997. 11. The proposed seasonal outdoor sale shall be in compliance with the submitted site plan dated March 4, 1997. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT - PARK NICOLLET AND NORDQUIST SIGN COMPANY (GALAXIE CLIFF PLAZA THIRD ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Duane Spiegel, representing Park Nicollet Clinic, said that there was not any opposition to the signage on behalf of the adjacent neighbors. He explained that they need additional signage to gain exposure. Councilmember Blomquist said that this is a limited business use in a residential neighborhood. Mayor Egan commented that the Council has kept I-35E clear of billboards. Councilmember Awada said that the request meets the 300' requirement and she further said that she did not think the sign would interfere with the neighborhood. Councilmember Blomquist stated that the sign is on the front of the building. Councilmember Awada moved, Mayor Egan seconded a motion to deny a Planned Development Amendment to allow a pylon sign on Lot 1, Block 1, Galaxie Cliff Plaza 2nd Addition, located at 1885 Plaza Drive in the NW % of Section 32. Aye: 2 Nay: 3 (Councilmembers Blomquist, Wachter and Masin opposed) The motion died for a lack of a quorum and the Planned Development Amendment to allow a pylon sign was subsequently denied. EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997 PAGE 12 OC:15? Councilmember Masin moved, Councilmember Awada seconded a motion to approve a Planned Development Amendment to allow a 5,000 square foot building addition on Lot 1, Block 1, Galaxie Cliff Plaza 2nd Addition, locate at 1885 Plaza Drive in the NW % of Section 32 subject to the following conditions: Platting 1. The existing Outlot A, Galaxie Cliff Plaza 2nd Addition shall be subdivided and the northeasterly 90 feet added to existing Lot 1, Galaxie Cliff Plaza 2nd Addition. 2. The property shall be replatted. Site Plan 3. All trash and recycling areas shall be contained within the building. 4. All mechanical rooftop equipment shall not be visible from Plaza Drive or I-35E. 5. The development shall satisfy all minimum setbacks required in the LB (Limited Business) district. Parking 6. At the time of building expansion, minimum additional parking shall be provided in compliance with City code requirements of 1 stall per 150 square feet of net leasable floor area. 7. The parking lot shall be constructed with curb and gutter and bituminous surface. Driveways/Street Access 8. No additional driveway access to Plaza Drive shall be allowed. Landscaping 9. At the time of building permit application for the addition, a landscape plan shall be submitted for staff review and approval. Building Materials 10. The building shall be architecturally compatible with and utilize brick materials to match the existing building. Signage 11. All signage shall comply with the City of Eagan sign ordinance requirements. Grading/Drainage 12. A grading and drainage plan will be required with the building permit application and issuance of the permit would be subject to staff review and approval of the plans. EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997 PAGE I3 OC1.58 Water Quality 13. A cash dedication amount for water quality to include the increase in runoff resulting from the added impervious surface of this building and parking lot expansion shall be required. Tree Preservation 14. A Tree Preservation Plan shall be submitted at the time of building permit application. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDIVISION EDUCATION ALTERNATIVES (TESSERACT ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Egan asked if the Councilmembers were in agreement with approving the request for the issuance of a permit for grading, excavation, and footing/ foundation work prior to final approvals of the subdivision and the planned development. Councilmembers were in agreement with approval of the request. Councilmember Wachter said that this is a good proposal and he is happy for the applicant. Mayor Eagan added that the Council appreciates all that Tesseract has done in Eagan and the greater region. Councilmember A wada stated that this is a wonderful school. City Administrator Hedges noted that the Council might want to determine a hardship with regard to the footing/ foundation permit because the school is scheduled to open in September and that cannot be delayed. Councilmember Masin moved, Councilmember Blomquist seconded a motion to approve a Planned Development Amendment for Tesseract 2nd Addition, consisting of a 15,000 s.f. building addition and a 66 staff parking lot expansion located south of Silver Bell Road, east of Tesseract Place and north of Highway 13 subject to the following conditions: Planned Development 1. Prior to Final Subdivision the developer shall enter into a Planned Development Agreement. Landscaping 2. The landscape plan should be revised to reflect the accurate number of plant species and the minimum size requirements. 3. The revised landscape plan should note that all landscaped areas shall be irrigated. Aye: 4 Nay: 0 (Councilmember Awada abstained) Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the Tesseract Addition Preliminary Subdivision (replat of Michael R. Sill Addition) consisting of one lot and one outlot on approximately 12 acres located south of Silver Bell Road, east of Tesseract Place and north of Highway 13 subject to the following conditions: Standard Conditions EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997 PAGE 14 00159 1. The developer shall comply with these standard conditions of plat approval as adopted by Council on February 3,1993: AI, Bl, B2, B4, Cl, C2, C4, Dl, El, Fl, Gl, & HI. Storm Sewer /W ater Quality 2. The developer shall construct a storm water retention basin to limit post-development runoff to an amount that is less than or equal to pre-development runoff. 3. Water quality mitigation for this development shall be met through on-site ponding Easements 4. The developer will be responsible for the vacation of the existing drainage and utility easement between Lot 1 and Outlot A of Michael R. Sill 1st Addition at the time of Final Subdivision approval. Setbacks 5. The developer shall submit a revised site plan indicating a 20' parking setback along Tesseract Place and an 18' parking stall length to meet the required setbacks. Park Dedication 6. The developer shall be responsible for a cash parks dedicatiop for the additional acreage acquired for the expansion of Tesseract School. 7. The developer shall be responsible for a cash trails dedication. Tree Preservation 8. At least two Category A trees (4 inch dbh) trees shall be transplanted on site as mitigation for tree removal. Aye: 4 Nay: 0 (Councilmember Awada abstained) Councilmember Wachter moved, Mayor Egan seconded a motion to grant a hardship variance and approve the issuance of a permit grading, excavation, and footing/foundation work prior to final approvals of the subdivision and the planned development. Aye: 4 Nay: 0 (Councilmember Awada abstained) POLICY DIRECTION REGARDING CELL TOWERS ON CITY PROPERTY City Administrator Hedges provided an overview on this item. City Administrator Hedges said that if the Council wants to proceed with the development of a policy the fee issue needs to be addressed. Director of Public Works Colbert explained that the fee schedule is related to the issue of whether or not the City will require co-location for future users who may find the site desirable and if so, who should own the tower that these facilities would be located on. He added that if a site is desirable because of the elevation or geographic location it may not be beneficial to have several monopoles on the site. He further added that too many poles could create interference and also give the appearance of a pole farm. Councilmember A wada said that the Council should do what is most financially beneficial to the City. Councilmember Blomquist stated she is concerned about the appearance of a pole farm on some of EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997 PAGE 15 OC160 the City's best property and she also inquired as to which properties this is going to be allowed on. Councilmember Wachter said he would like the Council to be able to use their discretion as to which sites poles are located on. City Administrator Hedges added that if the Council approves a policy it would be necessary to determine individual requests on a case by case basis. Councilmember Awada moved, Councilmember Wachter seconded a motion to draft a policy to consider the leasing of City property to commercial communication providers for the placement of freestanding towers on City owned property on a case by case basis. Aye: 5 Nay: 0 Councilmember Blomquist asked if the policy will be presented to the City Council for formal approval. City Administrator Hedges said that the ordinance, policy, fee structure, number of poles to be allowed on a specific site and the identification of potential sites will be presented to the Council. CONSIDER STOP SIGN REQUEST, COVENTRY PARKWAY AT COUNTRYVIEW DRIVE Councilmember Wachter noted that this request does not meet any of the warrants. Councilmember A wada said that the Council still needs to address the perceived danger of the residents. Director of Public Works Colbert explained that the City of Eagan is participating in a traffic calming study and a survey of 64 communities has been conducted to see what traffic calming measures are being utilized. He said that ten projects have been zeroed in on and they will be following through with studies to see if the residents have perceived a benefit. He added that they hope the study will be completed by September of this year. Councilmember Blomquist said the request for a stop sign should not be denied but rather continued indefinitely and the residents should be notified. Councilmember Blomquist made a motion to continue this item indefinitely and include it with other stop sign requests that have been made and direct the Director of Public Works to examine other types of signage, besides stop signs, that could be utilized to reduce the speed on residential streets. Councilmember A wada requested the motion be amended to receive a petition and deny the installation of stop signs at the intersection of Coventry Parkway and Countryview Drive and place this request on a future Council agenda after the traffic calming studies have been completed next fall. She seconded the earlier motion. Aye: 5 Nay: 0 REVIEW/COMMENT ON DAKOTA COUNTY 5- YEAR CAPITAL IMPROVEMENT PROGRAM (1998-2002) City Administrator Hedges provided an overview on this item. Councilmember Blomquist said that she would like to see some projects moved to the nothing scheduled categories. Discussion continued regarding the timeline for the scheduled projects. The Council concurred with the current County 1997-2001 Five-Year CIP with the following changes: Roadway Improvements: Cliff Rd. : ChesMar Drive to Lexington from 1998 to 1999; Lone Oak Road: TH 55 - County Rd. 63 (IGHT's) from future to 1999; Pilot Knob Rd: Yankee Doodle Road - Duckwood Dr. from future to 2001 for the County; Signals: Lexington Ave. @ Wescott Rd. from 1997 to 1998. LEGISLATIVF/lNTERGOVERNMENTAL AFFAIRS City Administrator Hedges stated that he received a fax from the MLC indicating that there is some legislation in the Omnibus Tax bill that could remove as much as a half million dollars of HACA LGA. Councilmember Masin said that the MVT A will be changing the way it operates in the future whereas if something is to be constructed in a city, the city will be taking the lead and the MVTA will be EAGAN CITY COUNCIL MEETING MINUTES; MAY 6,1997 PAGE 16 OC161 involved in the partnership. She added that they are working on a strategic plan. City Administrator Hedges commended the MVT A on this decision. ADMINISTRATIVE AGENDA DIRECTION REGARDING PUL TE DEVELOPMENT COMPANY City Administrator Hedges provided an overview on this item. He distributed a letter that was sent by a neighborhood group to Pulte Development which indicates their desire to have single family homes included in Pulte's development proposal. He stated that in review of the November, 1996 City Council minutes it was clear that certain Councilmembers had requested that the development company consider building single family homes. Councilmember Awada said she would like the property they are considering developing zoned R-1. She further said that City Administrator Hedges should have the authority to discuss with PuIte Development Company the Council's preference for the development of single family homes. Councilmember Wachter added that it does not appear, according to the new plan, that the developer has taken the Council's request into consideration. Councilmember Awada asked that the neighborhood be informed of this discussion between the Councilmembers. Councilmember Blomquist said that the Council is not looking for any reduction in the number of units per acre but prefers that they be reconfigured as detached single family units. She said she was not opposed to granting some variances. Councilmember Wachter added that granting variances is expected in a large area like this. Senior Planner Ridley asked if the Council would be willing to accept some lots smaller than the standard width of 85 feet. Councilmembers concurred that they would be willing to accept some lots being smaller than the standard size. Director of Public Works Colbert stated that Engineering staff met with representatives of the developer expressing their concerns about the number of direct driveway accesses that would come on to Johnny Cake Ridge Road. He said that road is classified as a community collector and will start to function as a frontage road for I35-E from Johnnycake up to Deerwood Drive. He added that they are concerned about all of these houses having their front yards onto a community collector and it can be anticipated, that shortly after the residential development is constructed, the residents would be coming to the City with concerns about the volume and speed of traffic. He further added in discussions with the developer he indicated there were some things they could change but they would result in requiring a variance for a length of the cul-de-sac. He said that the developer was told staff would look at that option and provide some recommendations and the benefits of granting a variance but the Council would need to make the final decision. Councilmembers concurred that staff should continue to work with the developer to make any necessary modifications. Mayor Egan asked if there are any topographical, wetland or woodland constraints that could impair this development. Director of Public Works Colbert said that there are certain constraints that do limit their ability to modify the layout and they are trying to work with the developer to work out a compromise to minimize the concerns. City Administrator Hedges summarized the Council's direction for him as follows: To contact the developer and inform them that the City Council would prefer the development of single family homes, that the same number of units is acceptable, reasonable variances will be considered, and request that they utilize their computer software to generate a layout of an R-l subdivision for review. Councilmembers were in agreement with this direction. City Administrator Hedges added that he would contact Bill Cattrell, representing the neighborhood, and provide him with this information. AT & T PCS MONOPOLE LEASE APPLICATION - CLIFF ROAD RESERVOIR SITE Director of Public Works Colbert gave a staff report and stated that the Council should determine who should own the monopole tower. Councilmember A wada said that the City should make the maximum amount of revenue as is possible. City Attorney Sheldon noted they could try and work that out. Councilmember Blomquist stated that she does not want to see eyesores all over town. EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997 PAGE 17 00162 Peter Beck, representing AT & T Wireless, commented that the most creative agreement that he was involved in negotiating was with the City of Apple Valley. He said the provider is the owner of the pole that was placed on the Public Works garage and they leased the land from the City. He further said there is a requirement built into the lease that states they must make the pole available for co-location and the financial advantages gained from the renting of the pole are then split with the City. He added that the provider is responsible for maintaining the pole. Direction was provided to determine what will provide the best financial benefit to the City, allowing one pole on the site with as many users as feasible on the pole. Councilmember Blomquist stated that the height of the pole is also a concern. Mayor Egan said he would like the height of the pole to remain at 75 feet. Councilmember Wachter added that the location of the pole should be very discretionary depending upon what gives the customer the best reception. He further added that limitations should not be imposed until the report is completed. He said the Council wants to be reasonable and flexible in order to obtain satisfactory results. Mr. Beck noted that the number of users is directly related to the height and more users will require a pole taller than 75 feet. Mayor Egan stated that staff should have the discretion to use sound judgment in determining the height of the pole. CONTRACT 97-01B, EMERGENCY VEHICLE PRE-EMPTION (EVP) SIGNAL MODIFICATIONS Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the plans and specs for Contract 97-01B (EVP) equipment and authorize a bid opening to be held at 10:30 a.m. on Friday, June 6,1997. Aye: 5 Nay: 0 INVER GROVE HEIGHTS NOTICE OF PCS ANTENNA MONOPOLE INSTALLATION CounciImembers had no comments regarding this item. ROUNDTABLE City Administrator Hedges noted that there would be an executive session following the Council meeting. Councilmember Wachter said he had a concern about why the Police Department has spent 123% of their capital outlay. He referenced correspondence sent by Stan and June Ketcham and stated he is sympathetic to them but did not think there is anything the City can do. He said it appears that the Fire Department is not happy with the contractor of Fire Station #1 and he hopes the issues can be resolved. City Administrator Hedges stated that Fire Chief Jensen has done a wonderful job of monitoring the issues. Councilmember Wachter noted that $500 will be designated toward the refurbishment of the City's first and retired fire truck referred to "Old Jenny". He asked what could be done to help address the issue of not extending Lone Oak Road from TH 13 to Pilot Knob Road. Mayor Egan said that he and City Administrator Hedges talked about a strategy today. Councilmember A wada commented that some information regarding the Fire Administration building cost was sent to her. Councilmember Masin stated that she is serving on the LMC Improving Community Life Committee. She said that the youth subcommittee will be having a workshop at the June conference. She further said that she is serving on the Leadership Committee and mentioned that information will be sent to each of the Councilmembers. She referenced last year's collaborative meeting which was held with the City Council and elected officials and asked about scheduling another one. Councilmembers concurred with holding another collaborative meeting on June 24. EAGAN CITY COUNCIL MEETING MINUTES; MAY 6, 1997 PAGE 18 00163 Councilmember Blomquist presented City Administrator Hedges with some questions on the bills. She asked for an update on what is happening with regard to the Soderholm property. Councilmember Masin moved, Mayor Egan seconded a motion to set a Special Council meeting for June 24 at 5:00 p.m. to be followed by a collaborative meeting with elected officials. Aye: 5 Nay: 0 CHECK REGISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated May 1, 1997 in the amount of $1,871,168.82. Aye: 5 Nay: 0 ADJOURNMENT The meeting adjourned at 11:05 p.m. to an Executive Session. May 6, 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.