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11/21/1995 - City Council Regular . r, MINUTES OF A REGULAR MEETING OF THE EAGAN, CITY COUNCIL Eagan, Minnesota November 21, 1995 A regular meeting of the Eagan City Council was held on Tuesday, November 21, 1995 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. Administrator Hedges suggested that the Introduction of Bonnie Erickson be held prior to Visitors to be Heard. Wachter moved, Masin seconded a motion to approve the agenda as amended. Aye: 5 Nay: 0 Councilmember Masin requested additional language on page 2 under Public Utilities Budget, giving the response to her question regarding the rationale of using part-time employees. Wachter moved, Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Councilmember Hunter requested the addition of language on page 7, paragraph 2, to state 'Councilmember Hunter stated that following the previous discussion and the presentation by Mr. Johnson, he thinks the traffic flow will work.' Awada moved, Hunter seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 Hunter moved, Masin seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 Bonnie Erickson, Eagan representative to Mrs. Minnesota pageant, introduced herself to the Council and encouraged their support, sponsorship and promotion. She gave information on her background and the pageant and noted her platform is to speak out against domestic violence. Mayor Egan suggested she contact the Convention and Visitors Bureau regarding public appearances. 0,. Olf Myriam Husmann, 4677 Stratford Lane, representing the Weston Hills development, expressed a concern about getting stop signs Immediately by Red Pine School at the two T-intersectlons on Weston Hills Drive with Stratford Lane and Red Pine Lane for safety reasons. She noted that they approached the school district and they have agreed to bus the children for the rest of the school year. She Indicated she is very disappointed at how long it is taking to get this accomplished. Administrator Hedges indicated the petition for stop signs was just received and the request and is being evaluated. Dick Peterson, of Doherty, Rumble & Butler, 150 South 5th Street, Minneapolis, representing Dr. and Mrs. Brent Florine, requested reconsideration of the approval of the planned development for Soderholm Addition. He stated that planned development violates the zoning ordinance because the medical building approved as part of the planned development exceeds the height limitations for buildings within 300 feet of a single family residential district. The code also requires a multi-story building agreement as part of the planned development agreement. The planned development as approved does not better adapt itself to the physical and aesthetic setting and that of the surrounding lands, nor does it benefit the community at large to a greater degree than would development of the underlying zoning district. He doesn't feel the McDonald's restaurant EAGAN CITY COUNCIL MINUTES. NOVEMBER 21, 1995 PAGE 2 Is appropriate for a neighborhood business classification, because that district is for serving the local retail needs of a community. The service station fits In the neighborhood business district, but it requires that it be constructed only after construction of and occupancy of 10,000 square feet of retail. There are many traffic issues that were left unanswered that were raised by the Council, and there Is still a question as to whether or not the county will allow that. He noted that only four residents were apprised of this by direct mailed notice. One of the five residents on Lexington Way was not notified because they were outside the 350 foot notification area. There was a misunderstanding around the end of September as to whether or not there was still opportunity for public comment. Brent Florins reviewed how that misunderstanding took place, noting that he was told that the project was going forward and there was no public Input process. He feels this misunderstanding deprived him of his rights as a resident to study this project and the conditions set forth for final approval and to make his feelings about these Issues known to the Mayor and Council. He feels he was also deprived of the opportunity to publicize this project so that other citizens of Eagan could express their views. He requested that this be reconsidered, and that he be given an amount of time equal to at least the time he was misinformed by staff on September 28, and when the vote was taken on November 6 before another vote is taken on this. This would allow time to get an independent traffic flow analysis that he would have otherwise had the opportunity to do. Mayor Egan stated he feels it would be most appropriate to schedule this on a future agenda. Discussion followed on who can make a motion to reconsider. City Attorney Sheldon noted that the Council's approval stands unless and until that decision is changed. Even if a motion to reconsider is made, the approval stands until it is changed. Councimember Hunter indicated he wanted to discuss this tonight, but Mr. Peterson brought up some points that need to be reviewed by staff. Hunter moved, Masin seconded a motion to reconsider the final approval of the Soderholm Addition, and that it be placed on the next agenda. Mr. Peterson requested that four weeks be granted; however, Councilmember Hunter noted that the project is proceeding and it is in everyone's best interest to resolve this as quickly as possible. Aye: 5 Nay: 0 Councilmember Wachter asked for information on the Holz Farm, and Parks and Recreation Director Vraa noted it will be an item on the November 28 work session. Councilmember Awada raised the 350 foot rule for sending notices, noting it may need to be reviewed and changed. Councilmember Hunter noted that was raised at the business outreach meeting as well and suggested that this and other suggestions from the business outreach meetings be discussed at an upcoming work session. In regard to Item M, Award Bid. Fire Station No. 1 Remodeling. Administrator Hedges handed out a letter from C M Construction regarding this bid. There was a question on the low bid, and after a review by the City Attorney, the recommendation stands to accept the low bid. City Attorney Sheldon gave an explanation. Discussion followed. A. Personnel Items item 1. It was recommended to approve the hiring of Renee Castillo as a regular, full-time Community Service Officer in the Police Department. Item 2. It was recommended to approve the hiring of Colin Kerslake as a seasonal part-time Civic Arena Resurfacer/Supervisor. item 3. It was recommended to approve the hiring of Robert Widmer as a temporary part-time Recycling Intern. EAGAN CITY COUNCIL MINUTES; NOVEMBER 21, 1995 PAGE 3 Item 4. It was recommended to approve the revision to the City of Eagan Personnel Policy requiring that disciplinary suspensions for exempt employees must be given In blocks of entire work weeks, except in cases of major safety Infractions. B. Plumbers Licenses. It was recommended to approve the plumbers licenses for Alber's Mechanical Services Inc.; Broil Plumbing, Donald A.; and Coldey Plumbing as presented. C. Ordinance Amendment. Public Facilities District. It was recommended to approve an ordinance amendment to Chapter 11, Section 11.20, Subd. 7, Public Facilities District, establishing minimum setback requirements. D. Speclal Hunting Permit. Brian Gunderson. it was recommended to approve a special hunting permit for Police Officer Brian Gunderson to participate in the special deer reduction hunt at The Waters. E. Contract 94-TT. Yankee Plaza. It was recommended to acknowledge completion of Contract 94-TT and authorize perpetual City maintenance subject to appropriate warranty provisions. F. Contract 94-DD. Crestwood Addition. It was recommended to acknowledge completion of Contract 94-DD and authorize perpetual City maintenance subject to appropriate warranty provisions. G. Chance Orders. Municipal Center Expansion. It was recommended to approve change orders totalling $8,533.91 for the Municipal Center expansion as presented. H. ABprove Comments. Metropolitan Airports Commission. 1996-2002 Ca ital Improvements Program. It was recommended to approve comments as presented for the Metropolitan Airports Commission's 1996-2002 Capital Improvements Program. 1. Uauor License Renewals. It was recommended to approve license renewals for the businesses Indicated for on-sale liquor, on-sale club liquor, off-sale liquor, wine, on-sale beer and off-sale beer, attached as Exhibit A, subject to completion of the police background review as presented. J. ARprove New Owner for Kenny's Uauor Store. 1444 Yankee Doodle Road. It was recommended to approve a transfer of the off-sale liquor license for MME Inc., the new owner of Kenny's Liquor Store. K Resolution. Denial of Right-of way. Lexington Park. It was recommended to approve a resolution denying the grant of right-of-way for a public street over the City of Eagan's Lexington Park property. 95.81 L Acknowledge Completion. Authorize Final Payment. Ice Refrigeration for Civic Arena. Premier Refrigeration, It was recommended to acknowledge completion and approve final payment for ice refrigeration system for Civic Arena to Premier Refrigeration. M. Award Bid. Fire Station No. 1 Remodeling. It was recommended to approve the low bid from Greystone Construction Company, in the amount of $216,870 for the remodeling of Fire Station No. 1. Hunter moved, Wachter seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 WW"", IN PROJECT 689, HAYES AND DELOSH ADDITIONS Director of Public Works Colbert and Mark Hanson, of Bonestroo, Rosene, Anderlik & Associates, gave a staff report. Mr. Hanson reviewed several options for this project and methods for controlling erosion in the ravine. He reviewed both storm sewer and bioengineering approaches to controlling erosion. He indicated they have not done a survey of the ravine, so if the Council agrees to proceed with the bioengineering approach, EAGAN CITY COUNCIL MINUTES; NOVEMBER 21, 1995 PAGE 4 they can develop a detailed plan and meet with the residents along the ravine and show them the actual construction based on the design and survey. After some discussion concerning the costs and causes of erosion, Mayor Egan opened the public hearing to anyone wishing to speak. Michael Sullivan, 1478 Bridgeview Terrace, representing the neighborhood, presented a petition of 63 people representing 43 homes within the proposed assessment area who feel the current drainage has been adequate and would continue to be adequate if it weren't for the proposed development. If this project is approved, they favor the bloengineering approach. They do not feel this would increase their home values and request that the Council grandfather the affected area with the trunk system without additional assessment. Bryan Hayes, 2841 Bridgeview Terrace, urged Council approval due to the fact that the current pipe Is deteriorated and the erosion problems associated with the ravine. Director of Public Works Colbert noted that the pipe that Is in the ravine was not professionally Installed and concurred that corrective measures are needed. He noted that as this was being evaluated for a permanent solution, the Delosh Addition came through for proposed development. Recognizing that both of these ravines converge at a common low point, staff felt it would be prudent to address both drainage needs under one public Improvement project. Mayor Egan asked about the utilities in Valley View Plateau. Director of Public Works Colbert responded that Valley View Plateau was one of the city's earliest residential developments and subsequent to its development, the city commissioned preparation of a comprehensive storm water management plan, so the utilities In that development were Installed by the developer when the city was basically a township, and he doesn't believe there were any standards of design, inspection or construction. Tom Monahan, 2840 Highvlew Terrace, gave the background of the development of this area. There were problems with the developer Installing roads and utilities. The developer died before the problems were resolved, and they were left to deal with the family. The family agreed to provide the water system In exchange for not Installing the roads. The township then installed the roads. After about ten years, someone petitioned for sanitary sewer, and at that time, the city took over the water system and resurfaced the roads. They were assessed for these improvements at that time. Joe Kurhajetz, 2850 Sibley Hills Drive, indicated he feels the people on Sibley Hills Drive should be exempt from assessments. Mayor Egan noted that the financial considerations still need to be addressed. He will have an opportunity to address the assessment issue at the assessment public hearing. Councilmember Hunter noted that the final assessment roll hearing Is not just a rubber stamp. The Council can and has changed the assessment roll on many occasions based on unique circumstances. Councilmember Wachter noted it has been the Council's policy not to assess people twice for the same thing. He feels that question needs to be answered. Don Knight, 1455 Highview Avenue, stated he feels the projects should be separated. He feels the people in the Hayes development will receive no benefit from the Delosh project. He noted that the project for Hayes Addition is an extension of the existing storm sewer, and they have already been assessed for It. He has no problem paying for the portion that is replacing what was installed by the original developer, but he doesn't feel they should have to pay for anything on the Delosh project. He noted there is a very short section of Highridge Terrace to the north of Highview Avenue that dead-ends by the golf course. The person who lives on Lot 11 has had drainage problems every spring and every heavy rain and his driveway is eroding. A lot of the water is draining off the golf course. He is not Included in the assessment area, but he feels this should be included with this project. Director of Public Works Colbert Indicated that his problem is unrelated to this drainage project because his storm water doesn't drain Into the ravine. He noted that there is a common element between the two developments. He stated that what Is being proposed Is to assess everyone the current trunk area availability rate for storm sewer, and it Is not directly calculated from the cost of the project Councilmember Hunter noted this is a standard rate throughout the city. Mr. Knight pointed out three lots on Highview Avenue that would benefit from this project but aren't Included In the assessment area. Director of Public Works Colbert responded that those lots drain to the street and onto the golf course, so they weren't Included. EAGAN CITY COUNCIL MINUTES; NOVEMBER 21, 1995 PAGE 5 Ed Fuller, 2860 Highrkdge Terrace, Indicated that he spoke to John O'Toole and Mark Remick and they indicated they had not been notified that they would be assessed for this. He expressed disappointment that his neighborhood was only given four days to mount any opposition to this. He understands, however, that they will have another chance to express opposition at the final assessment hearing. Gus Zuccaro, 2841 Highridge Terrace, asked why Hayes Addition isn't being assessed for storm sewer like they are. Director of Public Works Colbert responded that Hayes Addition Is included in the assessment area. Mark Hanson added that the trunk area assessments for both Hayes and Delosh Addition will be picked up through the development agreement. Mark Ribar, 1454 Southridge Avenue, indicated that at the Informational meeting, a third option was discussed which was to do nothing. That was not presented as an option tonight No one at the Informational meeting was in favor of being assessed for something that was necessary for a developer to proceed. The developer will make money off of these lots. He asked whether doing nothing is still a viable option. Director of Public Works Colbert responded that doing nothing is always an option on any project. He noted the action requested by the Council is to approve, modify or deny this project based on Its merits. If nothing is done and the development proceeds, there will be Increased surface water runoff which will result In additional erosion to the ravine. It needs to be determined whether that Is an acceptable alternative. Mayor Egan then turned the discussion back to the Council. Councilmember Hunter noted that this Is an old area of town. There have been some questionable engineering practices in the past when the original utilities were installed and that needs to be researched and taken into account. The Council tries to be fair to everyone with trunk assessments. They are standard rates, but people shouldn't have to pay twice, so it needs to be researched. He walked both ravines and it is obvious that there are erosion problems there that need correction. If the Council does nothing, and further erosion occurs, in the future, residents will demand action and possibly sue the city. It has happened before and he doesn't want to see it happen here. He favors proceeding with this project. Councilmember Awada concurred, noting that even without this development, there are erosion problems that need to be addressed. Councilmember Hunter added that due to early and vocal support by residents, the city came up with an Innovative technique to solve this problem and it will save money. He thanked the residents for voicing their opinions early. Hunter moved, Wachter seconded a motion to close the public hearing and approve Project 689. Aye: 5 Nay: 0 VARIANCES, LUNDGREN BROTHERS CONSTRUCTION Community Development Director Reichert gave a staff report Mayor Egan then opened the public hearing to anyone wishing to speak. David Hinners, of Lundgren Brothers Construction, urged Council approval. Theresa Alberto, 4189 Amberleaf Trail, noted that when they purchased their lot, it was represented to them that this is how the private shared driveway would be. She feels emergency vehicles could get in there with little difficulty. The people along this road never intend to treat this as a public road. The cul-de-sac on Amberleaf Trail is only 24-25 feet wide. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Wachter asked what type of trees would be lost with the wider driveways. Director of Public Works Colbert Identified the trees as oak trees that would be classified as significant. Wachter moved, Awada seconded a motion to approve variances to allow the access road on Lot 10, Block 1, Rooney Addition, to be narrowed to 16' for approximately 30' to preserve trees; to allow the access road on Lot 15, Block 1, Rooney Addition to be narrowed to 16' for approximately 50' to preserve trees; and EAGAN CITY COUNCIL MINUTES; NOVEMBER 21, 1995 PAGE 6 to allow the access road on Lot 6, Block 1, Rooney Addition to be narrowed to 16' for the first 100' off Amberleaf Trail. Aye: 4 Nay: 1 (Hunter opposed.) VARIANCE, RON BROPHY Community Development Director Reichert gave a staff report, noting there is a discrepancy as to what the actual setback is on this property. The survey says he has a 20 foot setback, but the owner measured It to be only 18 feet. According to the city, he doesn't technically need a variance; however, the applicant wants ensure what he is doing is legal and won't cause problems in the future. Mayor Egan then opened the public hearing to anyone wishing to speak. Ron Brophy, the applicant, urged Council approval, noting the lot is undersized and the house wasn't put in the right place according to the survey. He Indicated that if there Is any opposition in the audience, he is willing to withdraw his request for a variance. Mayor Egan then turned the discussion back to the Council. Hunter moved, Wachter seconded a motion to approve a 1.5' variance to the required 10' side yard setback for Lot 14, Block 3, Meadowland 1st Addition. Aye: 5 Nay: 0 : PROJECT 666R, WATERVIEW ADDITION Director of Public Works Colbert gave a staff report and reviewed the Public Works Committee recommendation, that being that 30% of the proposed assessment be levied with a postponement for any additional remainder to be collected at the time of connection, if that ever occurs, to each of the individual property owners. Doug Johnson, 4775 Dodd Road, noted he disagrees with the city's opinion on the lawsuit with the people to the north, but they accept this as an adequate compromise. Some discussion followed. Awada moved, Wachter seconded a motion to approve the final assessment roll as modified for Project 666R. Aye: 5 Nay: 0 TRAPP POINTE, PRIVATE STREET TRANSFER Director of Public Works Colbert gave a staff report and reviewed the recommendation of the Public Works Committee, which is favorable consideration of this request with a structural overlay on the streets to bring It up to city standards; the non-conforming two existing street lights be replaced with a singular street light to meet city standards for both illumination and setback; a drainage easement be dedicated to the city to handle the runoff of what will be future public right-of-way; and that the property be properly described through a certificate of survey and conveyed to the city. He noted that their representative, Dale Huber, indicated he could not be at this meeting, but he understands the conditions, and would like the opportunity to evaluate the costs associated with these conditions and review them with the affected property owners to determine whether he would still like to proceed. Councilmember Hunter noted there are three additional conditions: obtain a legal description; dedicate the right-of-way; and replace the street lights. He asked what' appropriate right-of- way' Is as stated in the conditions. Director of Public Works Colbert responded it would be 60 feet, with a comparable minimum 10' boulevard around the cul-de-sac. It was recommended by the City Attorney to Identify that as a specific condition. Hunter moved, Awada seconded a motion to approve the transfer of the Trapp Pointe private cul-de-sac to public right-of-way with the following conditions: 1. Nonconforming street lights be replaced and relocated to City standards. 2. The structural surface be brought up to a 9-ton standard with a light mill and overlay according to city standards. 3. A drainage easement be dedicated to the City. EAGAN CITY COUNCIL MINUTES; NOVEMBER 21, 19951 PAGE 7 4. A legal description for Trapp Pointe be secured. 5. The appropriate right-of-way be dedicated. 6. The City shall not accept this transfer unless and until all of the above conditions are met within one year of Council approval. Some discussion followed concerning the conditions. Aye: 5 Nay: 0 RECONSIDERATION OF FINANCIAL ASSISTANCE, REGISTER RESALE Wachter moved, Masin seconded a motion to reconsider the issue of financial assistance for Register Resale. Aye: 4 Nay: 1 (Hunter opposed.) Considerable discussion followed concerning whether or not this should be referred to the Economic Development Commission. David Stokes, of St. Paul Port Authority, urged Council approval. He noted they have made substantive changes In response to the Council's concerns. Register Resale and its bank have initiated a change that would substantially decrease the city's exposure by the bank; essentially guaranteeing half of the city's guarantee over the first five years of the loan. He added that this project would generate approximately $84,000 per year In taxes. Councilmember Awada noted that after fiscal disparities and the other entities take their share, there won't be much that will actually go to the City of Eagan. Mayor Egan spoke in support of this project, noting there Is almost no risk to the city. Council member Awada Indicated she will support this only because of the letter of credit. She is still fundamentally against this type of thing. Hunter moved, Wachter seconded a motion to approve financial assistance for Register Resale Corporation. Aye: 5 Nay: 0 TEMPORARY ON STREET PARKING REQUEST, THOMAS LAKE SCHOOL Administrator Hedges gave a staff report, noting Thomas Lake School would like to have the fee waived on their request for temporary on-street parking. Counclimember Hunter noted that this fee was developed to cover the costs of bagging, removing and storing the signs. He suggested that the policy be modified to Include a condition stating that the fee can be waived If the applicant Is willing to perform the bagging themselves to staffs satisfaction. Councilmember Wachter noted that If the policy is violated, the city could charge them $50. Director of Public Works Colbert expressed a concern about the liability of having a private party change regulatory signs in a public right-of-way. It could also end up costing more because staff will have to Inspect to make sure it Is done properly, and then make sure the bags are turned In and on time. Administrator Hedges reiterated the issue of liability. Councilmember Awada stated she doesn't agree with having people bag their own signs. Mayor Egan indicated he would favor this policy change. Hunter moved, Wachter seconded a motion to add a condition to the Council policy regarding temporary on-street parking requests that the $50 fee can be waived administratively If the applicant Is willing to perform the bagging themselves to stairs satisfaction. Aye: 4 Nay: I (Awada opposed.) PRELIMINARY PLANNED DEVELOPMENT AMENDMENT AND PRELIMINARY SUBDMSION, PARK CENTER SIXTH ADDITION Community Development Director Reichert gave a staff report, reviewing the history of this property. She noted that this amendment would eliminate the sit-down restaurant and have three large retail uses. Councilmember Masin expressed a concern about this plan. A restaurant was always planned for this site. EAGAN CITY COUNCIL MINUTES; NOVEMBER 21, 1995 PAGE 8 Martin Colon, representing the applicant, reviewed their plans and the reason for requesting this change, noting that some of the changes were market driven and other changes were made relative to what Is happening in the city. He urged Council approval. Paul Guidera, of Pet Food Warehouse, reviewed their operations and urged Council approval. Councilmember Masin reiterated her feeling that a restaurant should go on this site. The second senior housing project is going there and it was intended that what would be planned for that area would accommodate the senior housing. She would like to see Pet Food Warehouse in the city, but she is not willing to give up the restaurant in that location. There aren't many restaurants on that side of town. Some discussion followed. Hunter moved, Awada seconded a motion to approve a preliminary planned development amendment on 8.3 acres Identified as Outlot D, Park Center Addition, subject to the following conditions: 1. The developer shall execute an amendment to the existing Planned Development Agreement to Incorporate the revised layout and terms. The amended planned development shall expire five years from the date of Council approval. 2. The preliminary planned development shall be for an 18,000 square foot Pet Food Warehouse retail store, a 37,300 square foot retail store, a 18,210 square foot retail store and a 401 stall parking lot. 3. A final planned development agreement for each phase shall be executed prior to final subdivision and final planned development approval. The following exhibits are necessary for this agreement: final site plan, building elevation plan, sign plan, landscape plan, grading and utility plan, and lighting plan. Upon submission of these final plans, provided they are in conformance with the preliminary planned development, the final planned development may proceed to the City Council for approval. 4. All buildings shall be constructed of brick that matches the type and color of the brick used on the previous development within the Park Center Planned Development. 5. All building, parking/drive aisle, and landscaped areas shall be properly maintained. 6. All trash/recycling containers shall be stored within the building or In an enclosure attached to the principal building and constructed with a brick exterior to match the principal building. 7. All rooftop mechanical shall be screened from view. 8. All building/directional and pylon signage shall comply with the City Code and the amended Park Center Pylon Sign Agreement. 9. All landscaped and green areas shall be served by an underground irrigation system. 10. All buildings shall be attached to each other and architecturally as shown in the Final Site Plan. Aye: 4 Nay: 1 (Masin opposed.) Hunter moved, Awada seconded a motion to approve the preliminary subdivision for Park Center Sixth Addition consisting of one lot on 2 acres subject to the following conditions: 1. The developer shall comply with standard conditions of plat approval Al, B1, B2, B3, C1, C2, C4, Di, El, F1 and H1 as adopted by Council on February 3, 1993. EAGAN CITY COUNCIL MINUTES, NOVEMBER 21, 1995 PAGE 9 2. The developer shall plat the property. 3. The developer shall prepare a private parking easement and Ingress/egress document to be reviewed and approved by the City Attorney's Office prior to Council action on the final subdivision. The developer shall record the private parking and Ingress/egress easement with the plat. 4. The developer shall be responsible for submitting detailed plans and specifications with the final grading plans for the construction of the retaining walls. 5. If this project develops prior to the Park Center Fifth Addition - TCF Bank development, the developer will be responsible for providing sanitary sewer and water main stubs to Lot 1, Block 1, Park Center Fifth Addition. 6. The developer shall be responsible for providing sanitary sewer and water main stubs to the property west of Lot 1, Block 1, Park Center Sixth Addition. 7. The service drive to be extended through the site shall be constructed with concrete curb and gutter on both sides Its entire length. 8. The existing service drive to Taco Bell shall be upgraded to City standards to include concrete curb and gutter to the southern edge of Lot 1, Block 1, Park Center Sixth Addition. 9. The developer shall provide evidence of Ingress/egress easements to provide access to Lot 1, Block 1, Park Center Sixth Addition. Aye: 4 Nay: 1 (Masin opposed.) APPROVE NEW LIQUOR STORE, UNITED PENN LAKE INC., DBA SILVER BELL LIQUOR, 1983 SILVER BELL ROAD Dave Perrier, of Perrier Wines & Liquors, expressed some concern about eliminating the geographical and population restrictions for liquor stores. He feels there should be some fair way to control these licenses. Counclimember Awada Indicated she was Involved In eliminating these restrictions. She doesn't feel it is the job of government to decide what kind of business can go In a certain location, with the exception of zoning restrictions. It Is restricting free trade and she feels the market should drive the Industry. Councilmember Hunter concurred. The free market controls the industry. Some discussion followed. Hunter moved, Awada seconded a motion to approve an off-sale liquor license for United Penn Lake Inc. to operate Silver Bell Liquor at 1983 Silver Bell Road. Aye: 5 Nay: 0 Counclimember Hunter noted he was contacted by the Dakota County Economic Development Partnership about serving on the board. He indicated an Interest in finding out when the meetings are held, and soon after that, he received a call congratulating him on his appointment. He received a survey from them and would like some Council direction as to what he should do with It Councfinember Awada Indicated she heard they are considering changing their fee structure for cities. She suggested Councilmember Hunter hold on to the survey to see what happens with the fee structure in the future. Councilmember Wachter stated he doesn't feel it is appropriate to be lobbying other Council members on this. Discussion followed. .P Catherine Pickrell, 4745 Bristol Boulevard, thanked Director of Public Works Colbert and Administrator Hedges, who have been very attentive to their concerns about safety In the Weston Hills area. She indicated EAGAN CITY COUNCIL MINUTES; NOVEMBER 21, 1995 PAGE 10 that since September 5th, they have taken many avenues and been told many different things to get their children safely to the school and other areas in the neighborhood. She wanted to know what the next step should be or when It Is anticipated these stop signs will be put in. Administrator Hedges noted that after the meeting with the neighborhood, it was his understanding that the neighborhood would decide as a group on what they wanted as a permanent solution. They were given the petition forms, and after being submitted the city would work with them toward a permanent solution. He noted that a petition for stop signs has been received. Director of Public Works Colbert responded that it will be at least 30 days to complete the necessary field studies and analysis. Councilmember Awada noted that stop signs need to be Installed properly or they will be Ignored and It will create more of a hazard. Councilmember Hunter concurred, noting that stop signs cannot be taken lightly. They need to be studied. Considerable discussion followed concerning the process for sidewalks and stop signs, the petitioning process, and the parking problem In that neighborhood. Director of Public Works Colbert reviewed the policy for sidewalks and Indicated there have been cases where neighborhoods have worked with builders and developers and the city for a combination of participation. The Parks Department has the jurisdiction over the installation and maintenance of sidewalks and trallways. He Indicated to that neighborhood that they should submit a petition to the Advisory Parks, Recreation & Natural Resources Commission to review whether It qualifies as a parks trail to a neighborhood park. Their recommendation, with or without city participation, would be forwarded to the City Council for consideration. He also suggested that the neighborhood try to solicit support from the school district for part of their walker program. He is willing to work with the neighborhood to get that process going. Councilmember Awada asked about a crosswalk In that area. Administrator Hedges noted there is a crosswalk painted, however, with the school now busing the children, they will no longer fund the crosswalk guard. Councilmember Awada asked about school zone signs. Director of Public Works Colbert Indicated they are limited to school property. Discussion followed concerning the temporary measures that have been taken to alleviate the situation, and the temporary parking restrictions in the area. Director of Public Works Colbert Indicated that he will do his best to get this analysis done as soon as possible; however, they are in the process of moving their offices back to the Municipal Center, and access to records will be limited. If the Council wants this on the December 21 agenda, It may present an overtime situation for the survey crews, who are trying to finish projects. Councilmember Wachter expressed a concern that there are many other projects that need attention as well. Mayor Egan concurred, and stated that staff and the Council will work as quickly as possible to try to get this resolved. Ki Administrator Hedges gave an update on the status of the Council policy handbook and reminded Council members about the Chamber of Commerce holiday awards luncheon and grand opening of the Municipal Center. Councilmember Wachter pointed out a recent letter to the editor In the St. Paul Pioneer Press about the airport. He also asked about a city police officer who had farm equipment stored on his property. This equipment should have been removed last Spring and nothing has been done. Councilmember Awada asked about the Small Business Association request to fax agendas. Councilmember Wachter noted that they are requesting to get this Information sooner than the Council even gets it. Administrator Hedges Indicated the agendas for regular meetings are being faxed to them on Friday afternoons. He also noted that the move will be completed in the next couple of weeks and anticipates that E-Mail will probably be on line sometime after the first of the year. Mayor Egan reported on a meeting of the Metropolitan Mayors Group that was formed by Kurt Johnson, chair of the Metropolitan Council. He also Indicated how pleased he was with the way the business reachout meetings went, and commended staff for being available to answer questions. Councilmember Wachter concurred, and suggested these meetings be ongoing. Councilmember Masin reported on the Suburban Transportation Organization meeting she attended. EAGAN CITY COUNCIL MINUTES; NOVEMBER 21, 1995 PAGE 11 Counciimember Hunter noted that regarding Improving the notification process, some of the items mentioned at the business outreach meetings were posting signs on property proposed for development; expanding the notification list; and publishing the addresses of property on agendas In addition to legal descriptions. Wachter moved, Egan seconded a motion to approve the checklist dated November 16, 1995 in the amount of $1,997,808.14. Aye: 5 Nay: 0 The meeting adjourned at 10:45 p.m. to an executive session. DLP 0 November 21, 1995 ~.AA( EA U- ~ ~ - -1-PtL Date 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, marital status or status with regard to public assistance.