04/15/1997 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
April 15, 1997
OC121
A regular meeting of the Eagan City Council was held on Tuesday, April 15, 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 Lisa Freese, Director
of Public Works Tom Colbert, and City Attorney Jim Sheldon.
AGENDA
City Administrator Hedges stated that the City Council had a work session prior to the regular
Council meeting to discuss plans for the Fire Administration building and the Council may want to have
further discussion on one item relating to the proposed Project 717, Ranier Lane at the end of the
meeting. He suggested that the Carriage Hills/Rahn assessment appeal settlement - Project No. 638 and
Gopher assessment appeal settlement - Project No. 638 be added to the consent agenda. Councilmembers
concurred with adding the items to the consent agenda.
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
MINUTES OF THE APRIL 1, 1997 MEETING
Councilmember Wachter requested that on page 9, the third paragraph under Conditional Use
Permit & Variance - U.S. West, the first sentence should read, "Councilmember Wachter raised a concern
about the possibility of the tower falling on a business that may someday be located on the lot to the west.
Councilmember Blomquist moved, Councilmember A wada seconded a motion to approve the
minutes as amended. Aye: 5 Nay: 0
MINUTES OF. THE APRIL 1,1997 SI'ECIAL MEETING
Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
DEPARTMENT HEAD BUSINESS
RECOGNITION OF TREE CITY U.S.A. TEN-YEAR AWARD
City Administrator Hedges provided an overview on this item. He stated that Mayor Egan and
Supervisor of Forestry Greg Hove attended the awards ceremony where the City of Eagan received its
10th consecutive Tree City U.S.A. award and also received, for the 4th year, the Tree City USA Growth
Award. He noted that Arbor Day is Saturday, May 3 and a tree planting will be held at Blackhawk Park.
Mayor Egan commented on the receipt of the two awards.
Councilmember Blomquist said that she noticed the water tower on Cliff Road is no longer being
used and she asked what the impact will be on the water supply for this summer. 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. He
added that the cost to repaint the tower was almost equal to the cost of the original construction because
of the lead based paint. He further added that it was cost-effective to take the tower out of service.
Councilmember Blomquist asked if it would be possible to use the Cliff Road site and elevate the tower.
Director of Public Works Colbert explained the reasons why it would not work as efficiently as locating
the tower in the southeast area of Eagan.
Councilmember Wachter stated that there will be a 90th birthday party for Carl Case at Diamond-
T on April 27. He said that the engineering proposals for the Inver Grove Heights/Eagan water tower
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997
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should be placed on the regular agenda to allow for public input. Director of Public Works Colbert
clarified that the request is only for the purpose of soliciting proposals of engineering firms.
Councilmember Wachter asked Police Chief Geagan how important a basement would be for the
Fire Administration building. Police Chief Geagan stated it would be helpful for storage.
RONSENTAGENDA
In regard to Item A, Personnel Items - Item 9. Reorganization/Public Works
Department/Engineering Division, Councilmember Blomquist said she is concerned about approving a
department's organizational chart on the consent agenda. After discussion with the City Administrator,
she stated that it is her understanding that the organizational chart is only preliminary and not something
for the City Council to act on. She clarified that the request being made is only for a couple of position
title changes.
In regard to Item B, Approve D.A.R.E. & Police Liaison Services Agreement: School District No.
196 and City of Eagan, Councilmember Wachter asked if this agreement is for the current school year
since school is almost over. Police Chief Geagan stated that the District was late in putting the agreement
together and it is intended for the 1996/97 school year.
In regard to Item C, Approve an ordinance adopting and enacting the new City Code,
Councilmember Blomquist stated that adopting ordinances or a new City Code should not be included on
the consent agenda but rather should be put on the regular agenda to allow for public input. Mayor Egan
noted that the public hearings have already been held on each of the ordinances that were adopted and
the purpose of this ordinance is only to codify them into the City Code book. Councilmember Blomquist
reiterated that items of this nature should be put on the regular agenda. She said approving items on
consent which relate to ordinances leaves the impression that the Council is not including the public. She
further said she wants to be more open with the public. Mayor Egan said that the procedure used by the
City Council is correct and this is only a mechanical task that involves taking ordinances that have been
adopted during the past year and codifying them into the Code book. He added that he does not think
the public would feel the Council should go through such formalities just to instruct the staff to take these
ordinances that have already been adopted and put them into the City Code. Councilmember Wachter
said if there were changes being made to the City Code they should be addressed on the regular agenda,
but he said these ordinances have already been adopted by the Council. He added that he does not have
an objection either way as to where these items should be placed on the agenda. He further added that he
has always wanted to keep the public informed. Councilmember Awada agreed with Councilmember
Wachter and said it does not matter to her how these items are handled. She asked why the Council
needs to adopt an ordinance to approve putting the ordinances in the City Code. City Administrator
Hedges provided an explanation as to why there needs to be an ordinance to adopt and enact the new
City Code. Councilmember Blomquist said that at a future date she would like the Council to discuss
what type of items should be placed on the regular agenda for informational purposes instead of placing
them on the consent agenda.
City Administrator Hedges stated that the new Code books will be available on Friday. Director
of Finance VanOverbeke added that this is a republication of the City Code and he clarified that only the
size and format of the Code is being changed and not the content. He further added that the City Code
books will be available on the Internet, for purchase at City Hall and also at the public library.
In regard to Item V, Recommendation, Airport Relations Commission, comments to Federal
Interagency Committee on Aviation Noise, Public Forum - May 13, 1997, Councilmember Blomquist
requested that this item be removed from the consent agenda and put on the regular agenda at a later
date. She said that when the Council is writing a letter to a group expressing their views it should be
brought to the public for input as well as to the committees and the Council. Mayor Egan noted that the
Council has consistently followed this protocol and asked why Councilmember Blomquist was requesting
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997
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this change. Councilmember Blomquist said she felt the Council should be allowed to comment on the
letter to be sent to FICAN.
Councilmember Blomquist moved, Councilmember A wada seconded a motion to pull Item V
from the consent agenda and move it to the first item under Old Business for further discussion. Aye: 5
Nay: 0
A. Personnel Items
Item 1. It was recommended to approve the hiring of David Koski as a Water Production Maintenance
Worker, subject to successful completion of the City's physical examination and drug screen
requirements.
Item 2. It was recommended to accept the resignation of Greg Mann from his position as a part-time
Building Maintenance Worker.
Item 3. It was recommended to approve the hiring of Dale Bishop, Mike Bishop, Kevin Doehling, Jill
Isebrand, Delbert Keene, and Douglas Kuehn as seasonal Parks & Maintenance Workers.
Item 4. It was recommended to approve the hiring of Mark Cleare, Andrew Kappang and George Sellner
as seasonal Ballfield Attendants.
Item 5. It was recommended to approve the hiring of Leroy Berg as the seasonal part-time Assistant
Weed Inspector.
Item 6. It was recommended to approve the hiring of Scott Hangebrauck, Erik Hansen and Jeff
VanOverbeke as seasonal Street Maintenance Workers.
Item 7. It was recommended to approve the hiring of Mike Sheggeby as a seasonal part-time Ice Rink
Supervisor.
Item 8. For the Council's information, Craig Walter from North Dakota State University will be an intern
in the recreation division. No action required.
Item 9. It was recommended to approve the reorganization of the Engineering Division of the Public
Works Department by eliminating the Senior Engineering Technician position, adding an Engineering
Technician position, and changing the title of the Assistant City Engineer position to City Engineer.
Item 10. It was recommended to approve the hiring of Nora Flueger, Deborah Bunljer, Leilani Fischer,
Julie Beecher, Martha Buyck, Holly Confer and Lisa Heine as part-time seasonal concession workers for
the Northview concessions.
B. Approve D'A.R.E. & Police Liaison Services Agreement: School District No. 196 and City of Eagan. It
was recommended to approve the D.A.R.E. and police liaison services agreement for School District No.
196 and the City of Eagan.
C. Approve an ordinance adopting and enacting the new City Code. It was recommended to approve an
ordinance adopting and enacting the new City Code.
D. Direct the City Attorney's office to prepare a new tobacco ordinance to be in compliance with FDA
regulations. It was recommended to direct staff not to seek a waiver to the FDA tobacco regulations and
to direct the City Attorney's office to prepare a new tobacco ordinance after the State Legislature
adjourns.
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97-28
E. Approve resolution authorizing the issuance and sale of $1,000,000 Industrial Development Revenue
Bonds, Series 1997-Master Mechanical, Inc. It was recommended to approve a resolution authorizing the
issuance and sale of $1,000,000 Industrial Development Revenue Bonds, Series 1997 for Master
Mechanical, Inc.
F. Proclamation, observing May 4-May 11 as the 1997 Days of Remembrance in association with the
Holocaust Memorial Museum. It was recommended to proclaim the week of May 4 through May 11 as
the 1997 Days of Remembrance of the Holocaust and encouragement of equality and justice for all.
97-29
G. Final Subdivision - Tri-Land for Lexington Pointe Twelfth Addition. It was recommended to approve
the Final Subdivision for Lexington Pointe Twelfth Addition for 16 lots on 4.32 acres in the NW 1/4 of
Section 26 located south of Walmart Ridge Drive, east of Sean Court and north of Walnut Hill Park.
97-30
H. Adopt resolution MVT A's revised Bylaws and Joint Powers Agreement. It was recommended to
approve a resolution amending the Bylaws and Joint Powers Agreement for the Minnesota Valley Transit
Authority.
97-31
I. Final Subdivision - Springbrook Corp. for Wessel Pond Addition. It was recommended to approve a
Final Subdivision (Wessel Pond Addition) consisting of four lots on approximately 4.5 acres in the SE % of
Section 14.
97-32
J. Authorization to conduct excluded bingo at the Fourth of July celebration, Valley Viewers 4-H Club. It 97-33
was recommended to approve an application by the Valley Viewers 4-H Club to conduct excluded bingo
for up to four days in 1997.
K. Approve resolution designating Municipal State Aid Street (Wescott Hills Drive). It was
recommended to approve a resolution designating Wescott Hills Drive from Yankee Doodle Road to
Wescott Road as a Municipal State Aid Street and authorize the Mayor and City Clerk to execute all
related documents.
97-34
L. Project 695, approve County cost participation & maintenance agreements for roadway & signal
improvements (Yankee Doodle Road). It was recommended to approve multiple construction and
maintenance agreements with Dakota County for Project 695 (Yankee Doodle Road & 35E) and authorize
the Mayor and City Clerk to execute all related documents.
M. Contract 95-12, approve change order #1 (Deerwood Reservoir). It was recommended to approve
Change Order #1 for Contract 95-12 (Deerwood Reservoir) and authorize the Mayor and City Clerk to
execute all related documents.
N. Vacate drainage & utility easement, receive petition/ order public hearing (Outlots C & 0, Lone Oak
Add.). It was recommended to receive a petition to vacate common lot line drainage and utility
easements for Outlots C & 0 Lone Oak Addition and schedule a public hearing to be held on May 6, 1997.
O. Extension of Preliminary Planned Development & Preliminary Subdivision for OCB Realty Co.
(Eaganwoods Office Park 2nd Add.). It was recommended to approve a request for a one year extension
of the Preliminary Subdivision and Preliminary Planned Development for Eagan Woods Office Park 2nd
Addition (OCB Realty Inc.).
P. Final Subdivision & Final Planned Development - Gopher Eagan Industrial Park 3rd Add. (Resource 97-35
Plastics). It was recommended to approve a Final Subdivision and Final Planned Development for
Resource Plastics allowing a plastics recycling facility on Lot 1, Block 1, Gopher Eagan Industrial Park 3rd
Addition.
Q. Resignation, APRNRC. It was recommended to accept the resignation of Tim Callister from the
Advisory Parks, Recreation and Natural Resources Commission.
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997
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R. Contract 93-V, acknowledge completion/ authorize City maintenance (Hawthorne Woods 3rd Add. -
Streets & Utilities). It was recommended to acknowledge completion of Contract 93-V (Hawthorne
Woods 3rd Addition - Streets & Utilities) and authorize perpetual City maintenance subject to warranty
provisions.
S. Amend development contract - Eagandale Corporate Center 1st Add. It was recommended to approve
an Amendment to the Development Contract to reference revised grading plans and extend grading
completion dates for Eagandale Corporate Center 1st Addition located east of Lexington Avenue and
approximately one quarter mile north of Yankee Doodle Road.
T. Approve contract - Sentence to Serve - Dakota County. It was recommended to contract with Dakota
County Community Corrections for Sentence to Serve (STS) labor.
U. Approve school maintenance agreement, Dakota Hills Middle School. It was recommended to
approve the agreement with Dakota Hills Middle School for field maintenance.
V. Recommendation, Airport Relations Commission, comments to Federal Interagency Committee on
A viation Noise, Public Forum - May 13, 1997. (This item was pulled from the Consent Agenda and
considered under Old Business).
97-36
W. Approve Arbor Day Resolution. It was recommended to approve the Arbor Day Resolution setting
Saturday, May 3 as Arbor Day and May, 1997 as Arbor Month in the City of Eagan.
X. Final Plat - Eagandale Center Industrial Park No. 14 (Homestead Village). It was recommended to
approve a Final Plat to consolidate two lots into one for 3.96 acres at the southeast comer of I-35E and
lone Oak Road on property currently platted as Lots 1 and 2, Block 1, Eagandale Center Industrial Park
No.9, located in the northeast 1/4 of Section 10.
97-37
y. Carriage Hills/Rahn Assessment Appeal Settlement - Project No. 638. It was recommended to
approve a settlement in the case of the Carriage Hills/Rahn assessment appeal- Project No. 638.
Z. Gopher Assessment Appeal Settlement - Proiect No. 638. It was recommended to approve a
settlement agreement for the Gopher assessment appeal for Project No. 638 as presented.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the
consent agenda. Aye: 5 Nay: 0
PUBLIC HEARINGS
PROJECf 707, TH 149 & LONE OAK PARKWAY (SIGNALIZATION)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report. Tom Sohrweide, representing Short, Elliott, Hendrickson, discussed the proposed
traffic signal installation, cost estimate, financing and the project schedule.
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 asked about the other benefiting
property owners in the area and whether they should be responsible for part of the assessment. Mr.
Sohrweide stated that the property owners in the area currently do not generate traffic that would
warrant the signals at the intersection. He said the USPS development will have a larger impact on traffic
making left-hand turns.
Councilmember Wachter moved, Councilmember Blomquist seconded a motion to close the
public hearing and approve Project 707 (TH 149 & Lone Oak Parkway - Signalization) and authorize the
preparation of detailed plans and specifications. Aye: 5 Nay: 0
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PROJECf 712, SURREY HEIGHTS (STREEUIGHTS)
City Administrator Hedges provided an overview on this item. He added that a letter of support
for the streetlights was received from a resident. Director of Public Works Colbert distributed a copy of
the letter and gave a staff report.
Mayor Egan opened the public hearing to anyone wishing to speak. Jerry Messler, 1523 Aspen
Drive and President of the Surrey Heights Homeowners Association, said he was present to give his
support of the project on behalf of himself and the homeowners. There being no one else wishing to
speak, Mayor Egan closed the public hearing and turned the discussion back to the Council.
Councilmember Masin moved, Councilmember A wada seconded a motion to close the public
hearing and approve Project 712 (Surrey Heights - Streetlights) and authorize its installation through
Dakota Electric Association. Aye: 5 Nay: 0
Mayor Egan commented that Surrey Heights is one of Eagan's nicest neighborhoods that does not
have streetlights and he feels this will be a quality improvement and he commended the residents on their
decision to request installation of streetlights.
PROJECf 715, HEINE STRASSE (STREET RESURFACING)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report. Mayor Egan stated that he received a compliment on how well Director of Public
Works Colbert and the staff conducted the informational meeting. Tom Sohrweide, representing Short,
Elliott, Hendrickson, discussed the project scope, cost estimate, assessments and project schedule.
Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he
closed the public hearing and turned the discussion back to the Council. Councilmember Blomquist
asked if the last maintenance performed on this street was in 1987. Director of Public Works Colbert said
that routine crack sealing and structural repair was done as necessary, but the last sealcoat was done in
1987. He then explained the sealcoat schedule. Councilmember Blomquist stated that she was concerned
about the long periods of time between repairing streets and passing the cost on to homeowners. She felt
this assessment was rather large. Councilmember Awada commented that this assessment is a lot less
than many past assessments. Councilmember Blomquist said the City needs to show benefit to
homeowners. Mayor Egan noted that the City is paying for the vast majority of the project cost.
Councilmember Wachter stated that reclamation of roadway material reduces the cost. Mayor Egan
restated the compliment that was received of staff by a resident who attended the informational meeting.
Councilmember Wachter moved, Councilmember Awada seconded a motion to close the public
hearing and approve Project 715 (Heine Strasse - Street Resurfacing) and authorize the preparation of
detailed plans and specification. Aye: 4 Nay: 1 (Councilmember Blomquist opposed)
('"Under Visitors To Be Heard, Lots 1 and 2 were deleted from the assessment with the amount of
the assessment to each of the remaining 14 parcels not to exceed 1/16th of the assessable cost.)
PROJECf 714, DONALD AVENUE (STREET OVERLAY)
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
reintroduced Tom Sohrweide, with Short, Elliott, Hendrickson, who discussed the proposed project, cost
estimate, assessments and project schedule. Mayor Egan opened the public hearing to anyone wishing to
speak.
Bob Stanislowski, 3305 Donald Avenue, said he is not against the project, but felt it should be
revised. He added that the residents in the neighborhood are concerned about speed. He suggested a
reduced speed limit or Slow Children At Play signs.
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997
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Director of Public Works Colbert said that numerous requests are received for those signs and he
explained the rationale for deciding if a sign is appropriate at a given location. He added that if the use of
these signs is proliferating it would detract from their effectiveness. Mayor Egan suggested that the
residents could petition for a speed study to be conducted on Donald Avenue. Mr. Stanislowski
suggested a three-way stop sign at the intersection of River Bluff Court and Donald Avenue.
Councilmember Wachter stated that the State sets the speed limits and the City does not have any
control. Mayor Egan said that the City may need to regulate and enforce the speed in that area.
Mr. Stanislowski also commented that the assessment for River Bluff Court appears too low.
Councilmember Awada stated that the properties which are assessed are those that take direct driveway
access off the street.
There being no one else wishing to speak, Mayor Egan closed the public hearing and turned the
discussion back to the Council. Councilmember Masin stated that speed appears to be a universal
problem throughout the City and she questioned how to address it. Councilmembers Awada and
Blomquist said they would like to discuss the issue further at the end of the meeting.
Councilmember Masin moved, Councilmember A wada seconded a motion to close the public
hearing and approve Project 714 (Donald Avenue - Street Overlay) and authorize the preparation of
detailed plans and specifications. Aye: 5 Nay: 0
OLD BUSINESS
RECOMMENDATION, AIRPORT RELATIONS COMMISSION,
COMMENTS TO FEDERAL INTERAGENCY COMMITTEE ON AVIATION NOISE
City Administrator Hedges provided an overview on this item. Councilmember Blomquist
questioned the Airport Relations Commission's comment about the Ldn 65 standard being extremely
controversial. She said the Ldn 65 standard is the federal law. 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, Ll0 or other measurements of noise metrics. He said he felt the statement is
accurate.
Councilmember Blomquist asked about the comment on source noise reduction in relation to
airframe noise and what this refers to. Assistant to the City Administrator Hohenstein explained that
residents are noticing noise affects even with Stage III aircraft. He further explained that although engine
noise is substantially reduced there is still a large airframe traveling through the air with resistance and
this may contribute to excessive noise. Councilmember Blomquist stated that reducing the amount of
flaps on a plane to lessen the roar during the land has been suggested; however, there are safety issues
associated with reducing the number of flaps. Hohenstein added that the reason for submitting the
comments to FICAN is so they can do technical research to see if they can achieve both goals without
reducing safety.
Councilmember Blomquist said that she has a problem with the comment pertaining to
compensation for noise impacts in the form of free airline tickets. Hohenstein stated that the Commission
is not recommending this option and he clarified that this option was presented in another study in
addition to a wide range of other alternatives. Councilmember Awada commented that the statement
should be removed in the correspondence to FICAN.
Councilmember A wada moved, Councilmember Blomquist seconded a motion to approve a
recommendation by the Airport Relations Commission to submit comments (omitting the sentence
regarding free airline tickets as compensation for noise impacts) to the Federal Interagency Committee on
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Aviation Noise (FICAN) public forum which is to be held on Tuesday, May 13, 1997 at the Thunderbird
Hotel in Minneapolis. Aye: 5 Nay: 0
Mayor Egan noted that the City of Eagan is an important participant with regard to the upcoming
FICAN symposium.
RECONSIDERATION OF DENIAL - D.R. HORTON CO. FOR
GARDENWOOD PONDS 3RD ADDITION
City Administrator Hedges provided an overview on this item. He read a letter submitted by
Sienna Corporation requesting the City Council approve D.R. Horton's request for reconsideration. He
added that the neighbors were not sent a notice with regard to this request. City Attorney Sheldon
commented that the proposal now being submitted by D.R. Horton is different than the proposal the City
Council turned down. He clarified that the applicant is asking for permission from the Council to submit
a new preliminary plat and proposal and if the changes are modest the Council could take action or if the
changes are significant the proposal could go back to the Planning Commission for a new public hearing.
Councilmember Awada stated that she felt the changes are modest and should come back to the City
Council. Mayor Egan said that the neighbors still need to be noticed of the changes.
Don Patton, D.R. Horton, stated that they have met with the neighbors on three separate
occasions and they were also contacted regarding tonight's meeting.
Kim Kuehn, President of the Eagan Hills Homeowners Association, stated that they did meet
with Mr. Horton several times and D.R. Horton did put in writing what they intend to do to mitigate tree
loss. She added that the homeowners feel very comfortable with concept no. 1.
Mayor Egan said he appreciates the hard work and efforts of Mr. Patton and the homeowners
association. Councilmember Wachter asked about the difference between concept no. 1 and 2. Mr. Patton
provided clarification. Councilmember Wachter expressed concern about building on Lot 15 with regard
to future settling.
Councilmember Blomquist moved, Councilmember A wada seconded a motion to accept the
applicant's withdrawal of the original plan and submittal of Concept No.1 as a revised plan. Aye: 4
Nay: 1 (Councilmember Wachter opposed)
Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve the
Preliminary Subdivision of Gardenwood Ponds 3rd Addition subject to the following conditions:
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as adopted
by Council on February 3,1993:
Al, Bl, B2, B3, B4, Cl, C2, C3, C4, Dl, El, Fl, Gl, and Hl
2. The developer shall plat the property.
Grading
3. All slopes shall be constructed to a grade of 3:1 or gentler or retaining walls constructed
to achieve slopes of 3:1 or gentler in all maintained areas.
4. The final grading plan shall depict the existing grades surrounding Pond JP-20.1.
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15,1997
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Easements/Riltht of Way /Permits
5. Public right-of-way shall be dedicated along Northview Park Road to a minimum of 20
feet north of the existing curbline of Northview Park Road to accommodate the proposed
trail.
Parks and Recreation
6. The development shall provide a parkland dedication for the area in which the trail is to
be located. The balance of the park dedication obligation shall be made by a cash parks
dedication and a cash trails dedication.
7. The developer shall provide the City with a Right of Entry to allow for the construction of
the trail.
Tree Preservation
8. To require the Tree Protective Measures (i.e. 4 foot polyethylene laminate safety netting
be installed at the Drip Line or at the perimeter of Critical Root Zone, whichever is
greater, of significant trees/woodlands to be preserved.
9. To require that the developer contact the City Forestry Division at least five day,s prior to
the issuance of the grading permit to ensure compliance with the approved Tree
Preservation Plan.
Aye: 4 Nay: 1 (Councilmember Wachter opposed)
NEW BUSINESS
DUNBERRY CIRCLE BLOCK PARTY REQUEST
City Administrator Hedges provided an overview on this item. Director of Public Works Colbert
gave a staff report. He suggested that the Council should determine if the request being made is an
appropriate use of public right-of-way. Mayor Egan said that he believes this is a great idea which
promotes community spirit. Councilmember Blomquist concurred. Councilmember Wachter agreed also
but stated that all safety precautions have to be taken.
Shane Meisner, 1295 Dunberry Circle, said that he talked to each of the neighboring homeowners
and told them he will not be closing the street.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a
request to temporarily close Dunberry Circle (June 13-15) and permit a block party wedding reception
subject to the applicant following all safety precautions and obtaining the minimum liability and property
damage coverage of $1,000,000. Aye: 5 Nay: 0
Director of Public Works Colbert asked about the request to allow parking of vehicles on City
property at the Cliff Road reservoir site. Councilmembers concurred that parking should be allowed.
Mr. Meisner stated that his homeowners insurance will cover individuals while they are in the
cul-de-sac and also parked on City property. There was discussion on the amount of coverage needed
and if Mr. Meisner would need a rider attached to his homeowners insurance policy. Mayor Egan said
that staff could work with Mr. Meisner to ensure there is adequate coverage as required by the City's risk
manager. Councilmember Wachter asked about the possible damage the tent stakes could do to the
asphalt. Mr. Meisner noted that the tent has a self-supporting frame and will be kept in place by weights
or secured by ropes if it becomes too windy.
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AMENDMENT TO THE EAGAN CITY CODE CHAPTER 4
City Administrator Hedges provided an overview on this item. He noted that a letter was
received from Tom Alexander of Larkin Hoffman, representing American Portable Telecom, raising
additional concerns. Councilmember Masin asked if the item could be continued to the next Council
meeting. Senior Planner Freese indicated that most of the comments in the letter were brought up at the
Planning Commission meeting, but she stated that there are some comments in the letter that have not yet
been addressed.
Peter Beck, representing AT & T Wireless, said that there were two policy issues that staff may
need feedback from the City Council on. He noted that this ordinance would not allow for antennas to be
placed on apartment buildings. He said that Eagan is the only city that does not allow this. He further
said that locating antennas on existing structures such as apartment buildings is more desirable than
erecting a separate pole. Councilmember Awada stated she did not have a problem with towers being
installed on apartment buildings. Councilmember Masin commented that this is a sensitive issue because
an apartment building is someone's home. Councilmember Wachter added that the issue should be
considered at another meeting. Mayor Egan further added that these additional concerns should have
been submitted prior to tonight's Council meeting since this item had appeared at last month's Planning
Commission meeting.
Mr. Alexander stated that they were not able to submit their comments earlier because they did
not receive a copy of the ordinance until earlier in the day. He added that many of his comments were
already raised at the Planning Commission. City Administrator Hedges noted that there are some
additional comments that need to be addressed by staff.
Councilmember Wachter made a motion to continue this item to the May 6, 1997 City Council
meeting.
Senior Planner Freese indicated she was prepared to discuss the Planning Commission's
responses to the applicants' comments. She further indicated this would be helpful for staff if the issues
were narrowed down so they could address them. Mayor Egan suggested staff prepare a response to the
letter submitted by Larkin Hoffman addressing each of their concerns.
Councilmember Masin seconded the motion to continue the item to the May 6, 1997 City Council
meeting. Aye: 5 Nay: 0
PRELIMINARY SUBDIVISION & VARIANCE - ROSEVILLE PROPERTIES
(EAGAN BUSINESS COMMONS)
City Administrator Hedges provided an overview on this item. Senior Planner Freese gave a staff
report. Representatives of the applicant were present in the audience for any questions. Councilmember
Wachter stated that he attended the Lone Oak Road hearing and Dart Transit had expressed concern
about a providing a break in the median. Director of Public Works Colbert explained that this
development and Dart would like to have full access to Lone Oak Road with a break provided in the
median; however, the County's spacing guidelines do not permit this. He added that the County is
looking at the possibility of approving a variance to the spacing guidelines; but they do not appear to be
very optimistic. Discussion continued regarding the spacing guidelines and the right-in, right-out access.
Discussion also occurred regarding the dedication of the outlot and it was determined that this was
provided for in the conditions of approval.
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a
Preliminary Subdivision to create 4 lots for industrial development on 26 acres located at the NW corner
of T.H. 55 and Lone Oak Road in the SE 1/4 of Section 2, subject to the following conditions:
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997
PAGE 11
OC1.31.
Standard Conditions
1. The developer shall comply with these standard conditions of plat approval as adopted
by Council on February 3, 1993.
Bl,B2,B3,B4,Cl,C2,C3,C4,Dl,E1,Fl,Gl
Special Conditions
2. Outlot A shall be combined with Lot 1, Block 1 on the Final Subdivision plat.
3. Prior to Final Subdivision approval, Dart (owner of PID #10-00200-050-78) must sign the
application or their property must be removed from the subdivision and the
development plans modified accordingly.
4. The existing houses along Lone Oak Road within the subdivision shall be removed and
their wells capped prior to issuance of building permits on the affected lots.
5. The grading plan at time of final subdivision approval shall conform to the final grades of
the Lone Oak Road upgrade project as determined by Dakota County.
6. If street access to Lone Oak Road is not allowed by Dakota County, Commers Drive shall
be constructed as a cul-de-sac.
7. The Final Subdivision plat shall dedicate 75 feet of half right-of-way from the final
centerline alignment of Lone Oak Road, as determined by Dakota County. The developer
shall provide all temporary construction easements necessary to accommodate the
reconstruction of Lone Oak Road. Restricted access along the entire length of the
development adjacent to Lone Oak Road shall be dedicated on the final plat, except in the
area of the access for Commers Drive.
8. The developer shall obtain adequate drainage and ponding easement for the proposed
pond in the northwest corner of the development from the adjacent property, Lot 4 of the
Robert O'Neill Homesteads Addition. This easement shall incorporate the calculated
high water level of the pond plus three feet.
9. The development shall be subject to an on-site ponding and supplemental cash
dedication requirement to fully meet water quality mitigation obligations.
10. The City shall issue exemptions from regulation under the Wetland Conservation Act for
the two potential wetland areas in the northern portion of the site.
11. The developer shall fulfill tree mitigation requirements by: a) installing 70 Category B
trees (or some combination of Category A, B, or C trees to equal 70 Category B trees), in
addition to any approved landscape requirements; and b) provide a cash mitigation in
the amount of $20,184.00.
12. The developer shall provide additional landscaping on Lot 3, Block 1 to achieve 75% solid
screening in front of the proposed parking lot and around the two northern most
detention ponds.
13. The developer shall submit a revised landscape plan for staff review indicating the
location, species and size of the mitigation trees and shrubs. The revised landscape plan
shall be approved by staff prior to issuance of a building permit.
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997
PAGE 12
0<-'132
14. The developer shall install tree protective measures (i.e. 4 foot polyethylene laminate
safety netting) at the drip line or at the perimeter of the Critical Root Zone, whichever is
greater, of the significant trees/woodlands to be preserved.
15. The developer shall contact the City Forestry Division at least five (5) days prior to the
issuance of the grading permit to ensure compliance with the approved Tree Preservation
Plan.
Aye: 5 Nay: 0
Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve a
Variance to allow buildings and parking within the 100 foot buffer yard required where an I district is
across the street from an R, A, or P district, subject to the following condition:
1. No trucks or loading areas shall be allowed on the east side of the building on Lot 1,
Block 2.
Aye: 5 Nay: 0
Councilmember Wachter moved, Mayor Egan seconded a motion to approve an advisory request
for Dakota County to consider providing a median break for full access for Dart Transit and Eagan
Business Commons. Aye; 5 Nay: 0
TIF DEVELOPMENT AGREEMENT, ROSEVILLE PROPERTIES
NORTHWEST EAGAN REDEVELOPMENT TAX INCREMENT FINANCING DISTRICf
(EAGAN BUSINESS COMMONS)
City Administrator Hedges provided an overview on this item. He introduced staff members
and other individuals who were present in the audience who helped to develop this agreement with
Roseville Properties and acknowledged their hard work and efforts.
Councilmember Awada asked how much money is available from the TIP District. Assistant to
the City Administrator Hohenstein explained that this portion of development will generate
approximately $2.1 million. Mayor Egan said that Dennis Ozment has a bill before the legislature that is
questioning the use of TIF and implying that the but-for test is being ignored in determining appropriate
uses for TIP. Hohenstein stated that the finding on the but-for test was made at the time the district was
originally formed and this is an activity within the district. He explained the purpose of the City's annual
local contribution. Councilmember Masin added that Dennis Ozment was at the Dakota County League
of Governments breakfast and he complimented the City of Eagan on how well it uses TIF.
Councilmember Masin asked if the 100-year old house in the area has any historical significance.
Councilmember Wachter stated there was no salvaging this house.
Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve a
resolution authorizing activities in tax increment district #3 and approving the development agreement
and tax increment note for acquisition activities associated with the development of the Eagan Business
Commons. Aye: 5 Nay: 0
Councilmember Blomquist said she would like pictures of the 100-year old house taken prior to it
being torn down.
Daniel Commers, Roseville Properties, thanked the Council and said this will be a nice project
and he stated that staff did an excellent job working with them the last three months. He commented that
he has worked in most municipalities in the Twin Cities, Florida, Colorado and also the City of Des
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997
PAGE 13
OUi33
Moines and he has not had a better relationship than he has had here in the last three months. He further
said they look forward to working with the City and doing other projects.
JOINT POWERS AGREEMENT - DAKOTA COUNTY HRA
NORTHWEST EAGAN REDEVELOPMENT TAX INCREMENT FINANCING DISTRICf,
ACQUISITION AND RELOCATION SERVICES
City Administrator Hedges provided an overview on this item. Assistant to the City
Administrator Hohenstein said that staff feels the contract cost being requested by Dakota County BRA is
fair and reasonable.
Councilmember Awada moved, Councilmember Masin seconded a motion to approve a Joint
Powers Agreement with Dakota County HRA to provide acquisition and relocation services as necessary
for the Northeast Eagan redevelopment financing district. Aye: 5 Nay: 0
City Administrator Hedges commented that staff also enjoyed working with Roseville Properties'
development team and he thanked the staff for their hard work as well. Mayor Egan expressed his
appreciation for the work of Steve Rosholt, bond counsel from Faegre and Benson and Dave
MacGillivary, fiscal consultant from Springsted.
CONSOLIDATION OF ORDINANCE NO. 205 - OFF-STREET PARKING
& OUTDOOR STORAGE AS CONDITIONAL USE
City Administrator Hedges provided an overview on this item. Councilmember Awada stated
that the purpose of this ordinance was to provide extra parking lots. She said that this ordinance needs to
be tightened up and more defined. City Attorney Sheldon noted that if the Council provides direction
changes can be made to the ordinance. Councilmember A wada added that she wants the ordinance to
allow items such as parking lots and outdoor storage under conditional use permits so long as the use is
servient. She further added that she would like the ordinance to provide the Council with flexibility and
discretion to make decisions on the appropriateness of outdoor storage to ensure that it is compatible with
the surrounding land uses. Councilmember Blomquist referred to the minutes when Ordinance 205 was
adopted and stated it is clear that the Council never intended to lighten up on outside storage. She
agreed that the ordinance needs to be tightened up.
City Attorney Sheldon said that they will work with staff to draft the appropriate language for
Council's review at the April 29 work session and then it will be presented to the Planning Commission at
their May meeting.
LEGISLATIVFJINTERGOVERNMENJ;'AL~AlRS
City Administrator Hedges noted that he has had discussions with Representative Pawlenty
regarding the road connection fee charges and it does not appear that there will be any legislation
presented this year. He said that it would be appropriate to approach legislation through the committee
process both in the Association of Metropolitan Municipalities and the League of Minnesota Cities. He
further said that the matter regarding payback of fees will be ongoing in District Court for possibly up to
a year.
City Administrator Hedges stated that he and Director of Public Works Colbert attended a
meeting last Friday to discuss some issues regarding the TH 13 corridor. He further stated that it was
decided that members of the legislative delegation should be asked for their help in approaching
Mn/DOT. He commented that he appreciates Colbert's work on this issue. Councilmember Wachter
asked if a request will be made to Mn/DOT for access to 494. Colbert stated that Mn/DOT has indicated
the access issue is under Metropolitan Council control.
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997
PAGE 14
00134
1l\,DMINISTRAl'IVF:.A,GENDA,
CARRIAGE HILLSjRAHN ASSESSMENT APPEAL SETnEMENT - PROJECf 638
This item was moved to the Consent Agenda.
GOPHER ASSESSMENT APPEAL SETTLEMENT - PROJECf 638
This item was moved to the Consent Agenda.
PROPOSED LEGISLATION/CLASSIFICATION OF 911 EMERGENCY DISPATCHERS
City Administrator Hedges provided an overview on this item.
Councilmember A wada moved, Councilmember Blomquist seconded a motion to adopt
supporting the classification of 911 emergency dispatchers as essential employees and to direct staff to
communicate that position to the City's legislators. Aye: 5 Nay: 0
V ACATE PARTIAL PONDING EASEMENT - LOT 25, BLOCK 1, CANTERBURY FOREST
Director of Public Works Colbert gave a staff report.
Councilmember Awada moved, Mayor Egan seconded a motion to receive a petition to vacate a
portion of a ponding easement over Lot 25, Block 1, Canterbury Forest, and schedule a public hearing to
be held on May 6, 1997. Aye: 5 Nay: 0
AUTHORIZE SOLICITATION OF ENGINEERING PROPOSALS
INVER GROVE HEIGHTSjEAGAN JOINT WATER TOWER
Director of Public Works Colbert gave a staff report. Councilmember Masin asked if it would be
appropriate to authorize this before the global joint powers agreement is passed. Councilmembers
Wachter and Blomquist concurred. Colbert noted that there are other sites available to locate the water
tower on; however, he said they are not as economical or as efficient as the site in the southeast area of
Eagan. He further noted that if the Council would like the tower to be built closer to existing Eagan
residential properties other sites could be explored. He clarified that this is only a request to solicit
proposals from engineering firms and the process needs to begin now if a tower is to be on line by June of
1998.
Councilmember Blomquist stated that she feels other sites should be examined providing the City
Council with other options. Director of Public Works Colbert said that he would like to have an
engineering firm secured for this project in order to meet the schedule and provide an adequate water
supply by the summer of 1998.
Mayor Egan asked where the City is in regard to the joint powers agreement with Inver Grove
Heights. City Attorney Sheldon said that the revised agreement should be ready by tomorrow.
Councilmember Awada asked Councilmembers about their opinion of the joint powers
agreement. Mayor Egan said that no Councilmember has indicated they want to change their vote from
before. Councilmember A wada stated that the Council needs to make a final vote on the joint powers
agreement.
Councilmember Masin moved, Councilmember Awada seconded a motion to authorize the
Public Works Department to solicit Requests for Proposals for professional engineering services for a 1
MG hydro pillar water tower, site unspecific. Aye: 5 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997
PAGE 15
OC135
VISITORS TO BE HEARD
Bill Heine, 1480 Diffley Road, stated that he and his sister, Laura Burbach, 1490 Diffley Road,
were late for the public hearing for Project 715 and asked if they could still have an opportunity to present
their concerns. He said they do not have access to Heine Strasse and they object to the proposed
assessments for Project 715, Heine Strasse (Street Resurfacing). Councilmember Blomquist said the
reason she voted no on this item was because these two property owners do not receive any benefit. She
added that the City has not done enough to keep up with the maintenance of this road.
Mayor Egan noted that these two properties should be deleted from the assessment and the other
assessments should remain at the same amount as was approved during the public hearing with the City
absorbing the difference. Councilmember Wachter stated that if Lot 2 connects in the future it would
have to be assessed. City Attorney Sheldon commented that the only way to require the property owner
of Lot 2 to pay in the future would be to have an agreement with them. Director of Public Works Colbert
noted that these properties were assessed when c.R. 30 was upgraded. Councilmembers concurred that
they should be deleted from the assessment on Heine Strasse.
Councilmembers Wachter and Awada concurred with the amendment to their earlier motion
with the understanding that Lots 1 and 2 will be deleted from the assessment with the amount of the
assessment to each of the remaining 14 parcels not to exceed 1/16th of the assessable cost.
Councilmember Masin asked why these two property owners were included as part of ~
assessment. Director of Public Works Colbert indicated that this issue was brought up when the
feasibility report was presented a month ago and the direction by Council was to include all properties in
this neighborhood in the assessment. Councilmember Blomquist said that the Council must be able to
show benefit to homeowners who are assessed.
ROUNDTABLE
Senior Planner Freese referred to the development review survey and they said they will be
printing the survey and sending it out to all applicants who applied during 1996 and those who have
applied to date in 1997. She also referenced a memo requesting guidance from the Council regarding
zoning of the south 80 acres of Eagandale Corporate Center No.2. She said that City Attorney Dougherty
stated that if the Council deemed it appropriate to initiate a rezoning they should initiate it on the entire
80 acres rather than just the perimeter lots. Councilmember Masin asked if this area is still under
consideration for the central park. Councilmember Wachter stated that this site is not feasible for the
central park because it is too expensive.
Councilmember A wada moved, Councilmember Wachter seconded a motion to initiate rezoning
of the southern 80 acres of Eagandale Corporate Center No.2 from I-I to Business Park with the Advisory
Planning Commission to hold a public hearing May 27, 1997. Aye: 5 Nay: 0
Councilmember Awada asked about the Bieter property and if a request had been initiated by the
Council to change the zoning or make a guide plan change. City Administrator Hedges noted that there
is an application before the City Council for this property. He commented that the applicant and the
landowner know the Council's intention was to designate the development of this area as single family
homes.
City Attorney Sheldon noted that there would be an Executive Session following the Council
meeting to discuss pending litigation and labor negotiations.
Councilmember Wachter asked about the signs that have appeared in the City regarding losing
weight. He said he is opposed to these signs and further said they should be removed. He also asked if
the schedule of cellular antennas is to be attached to the new reservoir. Director of Public Works Colbert
explained that there are lease agreements with three different vendors on five different reservoirs and
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997
PAGE 16
OC'136
there are also two new vendors awaiting the application process. Discussion took place about the
painting of the logo and the location of the antennas.
Councilmember Awada stated that the Council should discuss the appropriate placement of
Children at Play signs. She further stated that the engineering warrants differ from human assurances.
She said that if the warrants are going to be adhered to at all times other alternatives to address speed
issues should be explored. Mayor Egan noted that the Council needs to be somewhat flexible in the
standards that are applied. Councilmember A wada commented that the criteria should be evaluated and
determined if they are too narrow. Councilmember Blomquist said that she had a request to address the
problem of youth speeding on Yorktown Drive. She suggested that the Police Department should be
involved in identifying solutions to address the problem of speeding in residential neighborhoods. She
agreed that the criteria should be changed to fit the needs.
Councilmember Blomquist moved, Councilmember A wada seconded a motion to discuss the
problem of speed in residential neighborhoods and identify options to address the problem at an
upcoming Council work session. Aye: 5 Nay: 0
Councilmember Masin commented on the Teen Speak Out meeting held on April 13 and noted
that the next meeting will be held on May 4. She said a review of all the issues that were raised will be
discussed at the Council work session on April 29. Councilmember Wachter asked what the meeting
accomplished. Councilmember Masin explained that teen programming and a teen center were
discussed. Councilmember Wachter noted that the City has tried three teen centers already.
Councilmember Masin clarified that these topics will be further discussed at the next meeting. .
Councilmember Blomquist stated that she has an appointment made with one of the clergy in town to
discuss this subject. She further stated that discussion needs to occur with representatives of the schools
and the clergy to involve them and avoid duplication of something that is already being provided to
teens. Councilmember Awada said that the meeting for May 4 has already been set. Councilmember
Masin mentioned that the teens were informed that the meeting was just an opportunity for them to
express their ideas and not a wish list. City Administrator Hedges noted the various items to be
discussed at the April 29 work session. Councilmember Masin said that the City is not providing enough
opportunities for teens. Councilmember Blomquist added that if Councilmember Masin wants to conduct
this meeting on May 4 she will be on her own and further added that the Council never agreed to
anything collectively. Mayor Egan commented that the meeting on May 4 should be sanctioned and after
that meeting the Council should resolve the issue. Councilmember Blomquist stated that no further
meetings should be set until the Council decides what direction they want to take.
Councilmember Blomquist informed the Council that no changes in flights are anticipated with
the purchase of Express Airlines by Northwest. She commented on notification received about outside
storage being considered at a house on Pilot Knob Road. City Administrator Hedges stated that staff has
received a couple of letters regarding general maintenance of residential properties. He added that the
City of Burnsville imposes certain restrictions regarding general maintenance of residential property. He
further added that staff is beginning to receive some calls regarding maintenance issues and at some point
that will need to be addressed.
Councilmember Blomquist said that the Miller's received a letter from City staff stating they have
to respond to the landscaping plan proposed by Johnson's Richfield Blacktop by May 1. She added that
the date should be pushed back and the outside storage should be addressed. Senior Planner Freese
indicated that staff is trying to bring closure to the landscape plan. Mayor Egan said that he would like to
see compliance as soon as possible unless there is a legitimate reason for a continuance. Freese stated that
there was a condition of approval that indicated that the landscaping plan was to be negotiated between
the Millers and the Johnsons and the Millers have not responded to the plan yet. City Administrator
Hedges added that a summary of the action and the letters to date could be provided to the Council in the
Informative Memo.
EAGAN CITY COUNCIL MEETING MINUTES; APRIL 15, 1997
PAGE 17
00137
Councilmember Blomquist commented on the Professional Service Agreement proposed by
Northern Environmental in regard to lead sampling. She added that it should be known where the lead
samples are to be taken and what the legal ramifications are. She further added that the cost is excessive
and she suggested that bids should be received for this work. City Administrator Hedges restated the
Council's direction that staff should look at a couple of other firms and get cost estimates and indicate
where the samples are to be taken and what the legal ramifications may be.
Councilmember Masin asked if the City Council and advisory commission agendas could be
placed on Channel 16.
CHECK REGISTER
Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register
dated April 10, 1997 in the amount of $1,417,940.20. Aye: 5 Nay: 0
Councilmember Blomquist had some questions on the bills.
ADJOURNMENT
The meeting adjourned at 10:20 p.m. to an Executive Session.
MLK
April 15, 1997
Date
~.
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Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (fDD phone: (612) 454-8535).
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