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.