11/18/1997 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN CITY COUNCIL
Eagan, Minnesota
November 18, 1997
00376
A regular meeting of the Eagan City Council was held on Tuesday, November 18, 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 AdIninistrator Tom Hedges, Senior Planner Mike Ridley,
Director of Public Works Tom Colbert, and City Attorney JiIn Sheldon.
I!mNPA
City Adnrinistrator Hedges cODlDlented on Item 5 of the Adnrinistrative Agenda - a request from
National Courtesy Bench asking the City Council to consider a new proposal regarding the placement of
bus benches in the City. Councilmember Blomquist said she did not want to place this item on the
agenda for consideration. Councilmember Wachter suggested that if the bus benches are not removed by
the December 1 deadline the Public Works Department should remove them and charge the bench
companies $50 to reclaiIn each bench.
Councilmember Blomquist moved, Councilmember A wada seconded a motion to approve the
agenda, excluding National Courtesy Bench's request for consideration of their proposal. Aye: 5 Nay: 0
~SoFtHB Nd~mt9i,~997ltEt;(JLARMQ";tlNG
Councilmember A wada requested that on page 2, the first sentence in the third paragraph should
be revised as follows, "Councilmember Awada said that she agreed with Mayor Egan that adopting the
livable cODlDlunity guidelines is more favorable than the other proposed legislative alternatives, but she
added that she would be voting against this item as she did last year. II
Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve the
minutes as amended. Aye: 5 Nay: 0
~ OF'l'HE NOVEMBER 3,1997 SPECIAL l\IEBfING
Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve the
minutes as presented. Aye: 5 Nay: 0
MINQT~~,nm'~ER~/',l~SPE~t::MBhiiING
Councilmember Masin requested that on page 2 the first sentence should be revised as follows,
". . . not focus on whether the training room is necessary, but whether the room should be used as a
television production area. II
Councilmember Wachter requested that on page 5 in the third sentence of the last paragraph, the
word she should be changed to he.
Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve the
minutes as amended. Aye: 5 Nay: 0
It)NSENt;A:GEND.A
In regard to Item A 8 Personnel Items - Delete Affirmative Action Language/City of Eagan
Personnel Policy, Councilmember Masin stated that she did not support the removal of language in the
Personnel Policy relating to affirmative action and said she would be voting against this item.
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18, 1997
PAGE 2
OC3??
In regard to C, Tobacco license, Laila Wazwaz to sell tobacco products at Tobacco, Etc. at 1430
Yankee Doodle Road, Councilmember Masin said that some members of the Council have been sensitive
to the amount of tobacco being sold in the City and she added that she would like to see more restraints
placed on the sale of these products. Councilmember Wachter stated that he would be voting against this
item. City AdIninistrator Hedges noted that at the last Dakota County Manager's meeting it was the
consensus of the managers that Dakota County be given an opportunity to work on a tobacco ordinance
similar to the curfew ordinance that was adopted County-wide. He further added that collaborative
efforts are being undertaken with regard to tobacco sales.
In regard to Item E, Approve classification of tax forfeited property, Councilmember Wachter
asked for specific information relating to each of the parcels to be acquired. City Adnrinistrator Hedges
stated that he would provide a memo to the Council supplying the information.
In regard to Items F and G, Recommendation, Airport Relations Commission, request for variance
to FAA Standards, 15 Degree Separation requirements and RecoDlDlendation, Airport Relations
Commission, MAC 1998-2004 Capital iInprovements Program cODlDlents, Councilmember Blomquist
asked if Northwest Airlines had been given an opportunity to CODlDlent on these items. Assistant to the
City Adnrinistrator Hohenstein stated that at least three individuals from Northwest receive the Airport
Relations Commission's agendas. He added that one individual from the company called and stated they
were satisfied with the recoDlDlendations being made with regard to Item F and no comment was
provided regarding Item G.
Councilmember Wachter asked for clarification on Item G relating to funding for Runway 17/35.
Assistant to the City Adnrinistrator Hohenstein provided an explanation.
In regard to Item N, Project 725, receive feasibility report/ order public hearing (Oak Chase
Additions - Street Rehabilitation), Councilmember Blomquist indicated she would be abstaining from
voting on this item because it involves her neighborhood. Councilmember Masin asked about the lack of
historical records pertaining to the original construction of the street.
A. Personnel Items
Item 1. To approve the hiring of Deborah Gustin for the position of part-time Clerical II/Receptionist in
the Police Department.
Item 2. It was recoDlDlended to approve the hiring of a person to be recoDlDlended as a part-time Clerical
II/Receptionist in the Municipal Center.
Item 3. It was recommended to approve the hiring of a person to be recoDlDlended as a part-time Clerical
III in the Police Department.
Item 4. It was recommended to approve the hiring of Crystal Stevenson as a part-time seasonal
Concession Worker at the Eagan Civic Arena.
Item 5. It was recoDlDlended to approve the hiring of Katrina Krueger as a part-time seasonal Skating
Pro at the Eagan Civic Arena.
Item 6. It was recommended to accept the resignation of John Ferm from his position as a Forestry/Park
Maintenance Worker.
Item 7. It was recommended to approve the hiring of Dave Downs as a part-time seasonal Park
Maintenance Worker.
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18, 1997
PAGE 3
00378
Item 8. It was recommended to delete any reference in the City of Eagan personnel policy referring to
affirmative action. (Councilmember Masin opposed)
B. Liquor license renewals. It was recoDlDlended to approve the 1998 liquor license renewals, as attached
in Exhibit A, subject to review and recommendation by the Police Department, payment of fees and
submittal of required documents.
C. Tobacco license, Laila Wazwaz to sell tobacco products at Tobacco, Etc. at 1430 Yankee Doodle Road.
It was recommended to approve a tobacco sales license for Tobacco Etc.located at 1430 Yankee Doodle
Road. (Councilmember Wachter opposed)
D. Amendment to Joint Powers Agreement between Dakota County and the City of Eagan for 1998
Landfill Abatement Funds. It was recoDlDlended to approve an amendment to the Joint Powers
Agreement between Dakota County and the City of Eagan for 1998 landfill abatement funds as presented.
E. Approve classification of tax forfeited property. It was recoDlDlended to declare the following parcels
as having public purpose and to request acquisition of those parcels:
#2 10-03000-013-76
#5 10-13700-030-01
#9 10-28700-040-00
#10 10-47275-010-00
It was recommended to declare the following parcels as non-conservation land:
#1 10-02900-020-05
#3 10-03200-011-27
#4 10-03600-010-08
#6 10-13800-010-00
#7 10-14300-062-00
#8 10-14992-050-01
F. Recommendation, Airport Relations Commission, request for variance to FAA Standards, 15 Degree
Separation requirements. It was recoDlDlended to authorize cooperation with other Dakota County cities
in a request for a variance to FAA standards requiring 15 compass degrees separations for parallel
runway operations.
G. Recommendation, Airport Relations Commission, MAC 1998-2004 Capital Improvements Program
CODlDlents. It was recoDlDlended to approve a recoDlDlendation by the Airport Relations Commission for
CODlDlents concerning the MAC 1998-2004 Capital Improvements Program as presented.
H. Vacate drainage & utility easement, Verdant Acres. It was recoDlDlended to approve the vacation of
drainage and utility easements within Verdant Acres and authorize the Mayor and City Clerk to execute
all related documents.
I. Final Subdivision, Ken Greene for Verdant Hills. It was recoDlDlended to approve a Final Subdivision
(Verdant Hills) for 11 lots on 6.32 acres located west of Woodland Court, east of Wescott Hills Drive in the
NE 1/4 of Section 14.
97-94
J. Final Subdivision, Skyline Display for Eagandale Corporate Center No.2. It was recoDlDlended to
approve a Final Subdivision for Lot 1, Block 1, Eagandale Corporate Center No.2, consisting of
approxiInately 39 acres located at the NE intersection of Yankee Doodle Road and Lexington Avenue.
97-95
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18,1997
PAGE 4
003?9
K Extension for recording Kings Wood Ponds 2nd Addition. It was recommended to approve a 60-day
extension for the recording of the Kings Wood Pond 2nd Addition Final Subdivision located at the NE
intersection of Yankee Doodle Road and Lexington A venue.
1. Approve Joint Powers Agreement for MVT A. It was recoDlDlended to approve a proposed resolution
adopting the amendments to the Minnesota Valley Transit Authority (MVT A) Bylaws and Joint Powers
Agreements.
97-96
M. Contract 97-08, approve final payment/ authorize City maintenance, (Pilot Knob Road at Wescott
Road - Traffic Signal Revision. It was recoDlDlended to approve the final payment for Contract 97-08
(pilot Knob Road at Wescott Road - Traffic Signal Revisions) in the amount of $3,335.50 to Electric Service
Company, and accept the iInprovement for perpetual City maintenance subject to warranty provisions.
N. Project 725, receive feasibility report/order public hearing (Oak Chase Additions - Street
Rehabilitation). It was recoDlDlended to receive the feasibility report for Project 725 (Oak Chase 1 Sl - 6th
Addition - Street Reconstruction) and order a public hearing to be held on December 16, 1997.
(Councilmember Blomquist abstained)
O. Contract 97-05, approve final payment/ authorize City maintenance, (Deerwood Drive Reservoir -
Trunk Watermain Improvements). It was recoDlDlended to approve the final payment for Contract 97-05
(Deerwood Reservoir - Trunk Water Main Improvements) in the amount of $20,766.60 to Widmer, Inc.,
and accept the iInprovement for perpetual City maintenance subject to warranty provisions.
P. Pinal Plat, UPS 2nd Add., United Parcel Service. It was recoDlDlended to approve a Final Plat for UPS
2nd Addition.
97-97
Q. Final Subdivision, Pox Forest Addition, Peter Ramstad. It was recoDlDlended to approve the Final
Subdivision for Fox Forest Addition.
97-98
R. Approve 1997/1998 D.A.R.E. and Police Liaison Services Agreement - School District 196. It was
recommended to approve the D.A.R.E. and Police Liaison Agreement for School District #196 and the
City of Eagan.
S. Contract 96-12, approve final payment/ authorize City maintenance, (Eagan Promenade area
iInprovements). It was recoDlDlended to approve the final payment for Contract 96-12 (Eagan Promenade
Area - Northwoods Drive - Street and Utility Improvements) in the amount of $37,455.31 to McNamara
Contracting, Inc., and accept the iInprovement for perpetual City maintenance subject to warranty
provisions.
T. Contract 96-16, approve final payment/authorize City maintenance (Biscayne Avenue, TH 3 Service
Drive & Hall St. - Street & Utility Improvements). It was recoDlDlended to approve the final payment for
Contract 96-16 (Biscayne Avenue, Trunk Highway 3 Service Road, and Hall Street - Street and Utility
Improvements) in the amount of $39,340.32 to Ryan Contracting, Inc., and accept the iInprovement for
perpetual City maintenance subject to warranty provisions.
U. Project 707, approve MnDOT Traffic Signal Agreement lHwy 149 and Lone Oak Parkway). It was
recoDlDlended to approve the Cost Participation & Maintenance Agreement with MnOOT for Project 707
(Hwy. 149 & Lone Oak Parkway - Signal) and authorize the Mayor and City Clerk to execute all related
documents.
V. Pinal Subdivision for Honey Tree 1 sl Add. & Final Planned Development for Lot 2, Block 1, Honey
Tree 1~1 Add. It was recoDlDlended to approve a Final Subdivision to create two lots on 4.83 acres north of
Cliff Road, west of Nicols Road and east of Hwy. 77 and it was recoDlDlended to approve a Final Planned
97-99
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18, 1997
PAGES
00380
Development for a l04-room four story hotel on Lot 1, Block 1, Honey Tree 1 sl Addition north of Cliff
Road on Erin Drive between Nicols Road and Hwy. 77.
Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the
consent agenda. Aye: 5 Nay: 0
I&MiNlsTRA'l1VE A~A
CONSTRUCfION/DEBRIS HAULER LICENSE
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a
construction/demolition debris hauling license for Buckingham Disposal, Inc. for the remainder of 1997.
Aye: 5 Nay: 0
MULTIPLE DWELLING/COMMERCIAL HAULER LICENSE
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a
multiple dwelling/ cODlDlercial hauler license for Subec Farms for the remainder of 1997. Aye: 5 Nay: 0
REQUEST FOR DONATION/ESBA BOARD
City Administrator Hedges provided an overview on this item. Councilmember Masin stated
that the majority of the Council was not happy with the super two design and she added that she would
be willing to support a $1,000 donation to retain Leonard Levine & Associates. Councilmembers
concurred. Councilmember Blomquist stated that there are several businesses that are donating money as
well.
Councilmember Awada moved, Councilmember Masin seconded a motion to approve a
contribution up to $1,000 as requested by the ESBA as an appropriation for retaining Leonard Levine &
Associates to approach MnDOT for the purpose of redesignating the iInprovement to TH 13 from a super
two to a four-lane from Seneca Lane to Yankee Doodle Road. Aye: 5 Nay: 0
NOVEMBER 3, 1997 SPECIAL CITY COUNCIL MINUTES
The minutes were considered for approval following the approval of the November 3, 1997
regular City Council minutes.
CORRESPONDENCF/NATIONAL COURTESY BENCH
This item was not added to the City Council agenda for consideration.
ECONOMIC DEVELOPMENT PARTNERSHIP
City Adnrinistrator Hedges stated that Councilmember Wachter had requested this item be
added to the City Council agenda for discussion regarding continued membership. Councilmember
Wachter said that he does not feel that membership in the partnership is as valuable to the City as it used
to be. Councilmember Masin said that it was her recollection that the Council was going to be very active
in the partnership this year and then review the value of continued participation at the end of the year.
Councilmember Blomquist noted that it has been difficult to participate in meetings of the partnership
because she typically does not receive the agendas or supporting information on upcoming meetings until
after the meeting has been held. She added that meeting locations and times are changed each meeting.
Councilmember Wachter stated that in spite of the lack of notification the main reason for discontinuing
participation is because he does not feel the City benefits as much as other organizations.
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18, 1997
PAGE 6
OU381
Councilmember Masin moved to discuss this item at a future work session to allow staff to
provide a summary of information regarding membership in the partnership. Councilmember Wachter
stated that the Council has already had work sessions on this issue. The motion failed for lack of a
second.
Mayor Egan said that the Council needs to consider the iInportance of this issue. He indicated
that he attended a Metro East Development Partnership meeting last week and Scott Beckman, Executive
Director of the Dakota County Economic Development Partnership, gave a good presentation. He said he
does not disagree with Councilmember Wachter's analysis. He added that there is no overlap between
the MEDP and the DCEDP and he stated that workforce development is a service the DCEDP provides
and the City should be concerned about the need for training to recruit workers for existing businesses.
He said the Council should be cautious before they withdraw their membership.
Councilmember Awada stated that it might be beneficial for the City to withdraw for a year.
Councilmember Wachter said that he felt training programs are being provided by high schools, trade
schools and colleges and he added that he is not aware of any training program being iInplemented by
the DCEDP. Councilmember Masin noted that she is serving on the County of the Future Committee
which is part of the DCEDP's program and one thing the coD1D1ittee is trying to accomplish is to
determine what the County will be like in the future and the types of training that will be needed.
Councilmember Wachter said that might be needed for the rest of the County but not for the City of
Eagan.
Mayor Egan stated that he believes the City will benefit from membership in the partnership in
some ways. He suggested that the City continue membership on a limited basis paying reduced
membership fees as is being done now. City Administrator Hedges explained that the City paid the
reduced membership fee one year, but he noted that this year the full fee was paid.
Councilmember Blomquist cODlDlented that she does not feel the City of Eagan receives any
benefit from being part of the partnership and there is a lack of cODlDlunication on their behalf. She said
she would like to discontinue the City's membership.
Councilmember Awada moved, Councilmember Wachter seconded a motion to not renew the
City's membership in the Dakota County Economic Development Partnership for 1998 and review the
potential for membership at the next budgetary session. Aye: 3 Nay: 2 (Mayor Egan and
Councilmember Masin opposed)
PLIC HE.ARINGS
CERTIFICATION OF DELINQUENT UTILITIES
City Adnrinistrator Hedges provided an overview on this item. Mayor Egan opened the public
hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council.
Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public
hearing and approve certification of delinquent utility accounts to Dakota County for collection with
property taxes. Aye: 5 Nay: 0
CERTIFICATION OF DELINQUENT WEED CUlTING, FALSE ALARM AND
GARBAGE PICK UP/CLEAN UP B.ILLS
City Adnrinistrator Hedges provided an overview on this item. Mayor Egan opened the public
hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council.
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18, 1997
PAGE 7
00382
Councilmember Wachter moved, Councilmember Masin seconded a motion to close the public
hearing and approve the final assessment roll for delinquent weed cutting, false alarm and garbage pick
up/ clean up bills and authorize its certification to Dakota County. Aye: 5 Nay: 0
PROJECT 713, FINAL ASSESSMENT HEARING (DENMARK AVE.,
TIMBERSHORE ADD., PILOT KNOB HEIGHTS ADD. - STREET IMPROVEMENTS)
City Adnrinistrator Hedges provided an overview on this item. Public Works Director Colbert
gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no
one, he turned the discussion back to the Council.
(Ms. McCullum missed the public comment portion for this hearing and spoke during the public hearing
for Project 714). Doris McCullum, 1251TiInbershore Lane, questioned why she was being assessed for this
iInprovement since she does not have the ability to do any iInprovements to the outside of her townhome.
Councilmember Awada stated that the land is jointly owned among all the townhome units in the
association. She added that the assessments are made against her property and the City cannot assess an
association for the streets. Public Works Director Colbert provided the assessment rate for each
townhouse affected by this project.
Councilmember A wada restated that Ms. McCullum has joint ownership of the land with the rest
of the homeowners in the association. Ms. McCullum said that she thought the association dues that she
pays should cover this assessment. Councilmember A wada explained that these fees cover expenses the
homeowners incur and she reiterated that the Council does not have the ability to assess an association.
She noted that the assessment can be paid off over a five year period. Mayor Egan said that the
association dues pay for contractual services such as mowing and snow removal. He further said that the
assessment is an obligation she needs to pay to the City as a homeowner. Councilmember Awada
cODlDlented that a public hearing was held on the feasibility of the project and each homeowner was sent
a notice.
Councilmember A wada moved, Councilmember Masin seconded a motion to close the public
hearing and approve the final assessment roll for Project 713 (Denmark Avenue, TiInbershore Addition,
Pilot Knob Heights Addition) and authorize its certification to Dakota County for collection. Aye: 4
Nay: 1 (Councilmember Blomquist opposed)
PROJECT 714, FINAL ASSESSMENT HEARING
(DONALD AVENUE - STREET IMPROVEMENTS)
City Adnrinistrator Hedges provided an overview on this item. Public Works Director Colbert
gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak.
(Doris McCullum, 1251 Timbershore Lane, spoke during the public hearing for Project 714 due to the fact
that she missed the public comment portion for the public hearing on Project 713).
There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council.
Councilmember Masin moved, Councilmember Awada seconded a motion to close the public
hearing and approve the final assessment roll for Project 714 (Donald Avenue) and authorize its
certification to Dakota County for collection. Aye: 4 Nay: 1 (Councilmember Blomquist opposed)
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18,1997
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PROJECT 715, FINAL ASSESSMENT HEARING
(HEINE STRASSE - STREET IMPROVEMENTS)
City Adnrinistrator Hedges provided an overview on this item. Public Works Director Colbert
gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no
one, he turned the discussion back to the Council.
Councilmember Wachter moved, Councilmember Masin seconded a motion to close the public
hearing and approve the final assessment roll for Project 715 (Heine Strasse - Street Resurface) and
authorize its certification to Dakota County for collection. Aye: 4 Nay: 1 (Councilmember Blomquist
opposed)
VACATE PUBLIC EASEMENTS, EAGANDALE CORPORATE CENTER NO.2
City Adnrinistrator Hedges provided an overview on this item. Public Works Director Colbert
gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no
one, he turned the discussion back to the Council.
Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public
hearing and approve the vacation of public easements within Eagandale Corporate Center and authorize
the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
VACATE DRAINAGE & UTILITY EASEMENT
LOT 34, BLOCK 2, HAWTHORNE WOODS 2ND ADD.
City Administrator Hedges provided an overview on this item. Public Works Director Colbert
gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no
one, he turned the discussion back to the Council.
Councilmember Blomquist moved, Councilmember Awada seconded a motion to close the public
hearing and approve the vacation of a public easement within Hawthorne Woods 2nd Addition and
authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
V ACATE DRAINAGE & UTILITY EASEMENT
LOT 1, BLOCK 1, RAHNCLIFF 3RD ADDITION
City Adnrinistrator Hedges provided an overview on this item. Public Works Director Colbert
gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. There being no
one, he turned the discussion back to the Council.
Councilmember Wachter moved, Councilmember Blomquist seconded a motion to close the
public hearing and approve the vacation of a public easement within Rahncliff 3M Addition and authorize
the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
ItQl{lltlfm~~
RESOLUTION REGARDING CONTINUED PARTICIPATION
IN THE LIVABLE COMMUNITIES PROGRAM
City Adnrinistrator Hedges provided an overview on this item. Mayor Egan noted that the City
Council had discussed this item at the work session prior to the regular City Council meeting. He further
noted that they had agreed to each state their position once with regard to the Livable Communities
Program.
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18,1997
PAGE 9
00384
Councilmember Masin said that this legislation was crafted with the input of the cities and there
is no risk to the City to participate in this program, but there will be a loss if the City chooses not to
participate. She added that this will iInpact the City's iInage and make it appear as if the City is not trying
to do the right thing with regard to affordable housing. She further added that discontinuing
participation will iInpact the cluster. She said that she supported approving continued participation in
the program.
Councilmember Wachter stated that he appreciated the statements made by Mayor Egan at the
Council's work session. He noted that the $10 million given to fiscal disparities and the $2 million given
to the MVTA could be used to make a very livable cODlDlunity.
Mayor Egan said that there was a state statute which was passed on a bi-partisan basis three
years ago. He noted that Myron Orfield had spawned the history behind this statute. He further noted
that Mr. Orfield is a proponent of tax-base sharing and social engineering. He provided background on
the Municipal Legislative Commission and the Association of Metropolitan CODlDlunities and their
position with regard to tax-base sharing. He further provided history on the formation of the livable
cODlDlunities program. He noted that livable cODlDlunities allows cities to determine how to spend their
allocation on people in their own cODlDlunity in order to meet the affordable housing needs. He
explained the concept of clustering that was proposed to collectively meet the housing needs of the whole
County. He said that the statute incorporates the clustering principle. He further said that the past
couple of years the City of Eagan has been given an allocation that must be spent on affordable housing in
order to comply with the livable cODlDlunities requirements. He stated that Myron Orfield and talk of
tax-base sharing have all but disappeared. He expressed his concern that if the City withdraws from
livable communities it will go against the MLC's position. He added that the City will be the first and
only City in Dakota County to abandon the program. He stated that Eagan will come to be seen as the
"bad guy." He further added that he is concerned that the City's withdrawal could bring about the return
of Myron Orfield or someone worse. He commented that he is opposed to any effort to remove the City
from this program. He clarified that if the City does withdraw the money will still be spent for housing,
but the City will not be able to make the decision as to how it is spent. He said the Dakota County
Housing and Redevelopment Authority will make the decision as to where the money is allocated. He
noted that the City will also lose their right to participate in a number of other programs associated with
the Livable Communities Program.
Councilmember Awada clarified that no allocation of money is given to the HRA if the City does
not choose to participate in livable cODlDlunities. City Administrator Hedges explained that if the City is
not involved in the program then no money is received from the state.
Councilmember Awada said that she has voted against this each year. She added that this is an
optional program. She stated that she believes the concerns of the Mayor are real, but she said she does
not believe that if Eagan withdraws from the program it will result in the return of Myron Orfield. She
noted that Eagan has met, and surpassed, its own housing goals and the market place has dictated that.
She said that belonging to this program gives control to a regional government that dictates what has to
be built in the suburbs. She further said that the City has not received any benefit from this program and
she stated that she is opposed to continuing participation.
Councilmember Blomquist stated that she recognizes the fact that Mayor Egan has spent a lot of
time working on this issue. She noted that the state statute does allow for a vote to oppose or affirm
participation. She added that the funds may be available, but the City has not received any real benefit.
She further added that the City met, and surpassed, its criteria for affordable housing. She said that the
market place has helped the City to reach its affordable housing goals and the City does not need to be
dictated to by a regional agency. She stated that the City will not gain from this program and the Council
needs to think of Eagan first.
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18, 1997
PAGE 10
00385
Councilmember A wada moved, Councilmember Blomquist seconded a motion to deny a
resolution to continue participation in the Metropolitan Livable Communities Act for 1998. Aye: 3
Nay: 2 (Mayor Egan and Councilmember Masin opposed)
CIVIC ARENA, APPROVE BUDGET AND AUTHORIZE PREPARATION OF
PLANS AND SPECIFICATIONS
City Adnrinistrator Hedges provided an overview on this item.
Councilmember Masin moved, Councilmember Wachter seconded a motion to approve the
design and estimated construction budget for the second phase of the Eagan Civic Arena and to approve
the preparation of plans and specifications for construction. Aye: 5 Nay: 0
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REZONING, PRELIMINARY SUBDIVISION & VARIANCE
LUNDGREN BROS. CONSTRUCTION - PINETREE PASS
City Adnrinistrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report. He stated that three neighborhood meetings have been held and the primary concern
expressed at each of them was the amount of parkland dedication. He indicated that staff received a
revised subdivision plan on November 13 and has only been able to give it a cursory review.
Director of Parks and Recreation Vraa explained that Lundgren's application has been before the
APrC at two different meetings. He further explained that their request was denied both times. He noted
that the reason for denial at last night's APrC meeting was because the commission did not have the
opportunity to review and analyze all the information. He added that there appears to be enough
parkland to meet the 10% dedication requirement; however, he said there is a concern regarding how
effectively that acreage will work as a park. He noted that there is a row of trees that go down the middle
of the north park and it would be difficult to develop an active element for this park without the removal
of those trees.
Mayor Egan stated that he was concerned about the status of this application and the way it has
been presented to the Council. He said there has not been a single firm recoDlDlendation of support by
the APC, APrC or staff and there is no consensus amongst the neighbors of what should be done. He
further said there are many remaining issues that the Council should not have to debate and make
decisions on. He asked the Council if they were in favor of denying this application or sending it back to
the advisory commissions for further review.
Councilmember Wachter said that he was in agreement with raising the water levels of the
ponds, but he was undecided on the other outstanding issues. Councilmember Blomquist indicated she
was concerned with the park and felt strongly that it should be a public park and not private. She said
she was not interested in revising an applicant's plat at the Council meeting. Councilmember A wada
recoDlDlended the approval of the rezoning request and was in agreement with the two separate sections
of parkland, but she did not feel the park should be of a private nature. She noted that Lundgren Bros.
Construction is a good developer, but she was in agreement that the Council should not work out the
details of this application. Councilmember Wachter suggested the rezoning of the 69 acres could be
approved at tonight's meeting.
City Attorney Sheldon said that one of the major issues before the Council is the location of the
park. He added that the park will be zoned Public Facilities and once the property is rezoned as R-l the
City wrnlose some of its ability to require that land for park dedication. Discussion occurred regarding
the most appropriate action that should be taken by the Council. Senior Planner Ridley noted that staff
invoked the 60-day extension of the agency action rule because of this issue not being consistent with the
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18, 1997
PAGE 11
OC386
Guide Plan and now the Council has until the end of December to act on the rezoning. He added that
with regard to the timeframe on the preliminary subdivision there is approxiInately 60 days of the 120
day timeframe remaining.
Terry Forbord, President of Lundgren Bros. Land Development, indicated he was handling this
request on behalf of Bill Anner who has taken a position with another company. He stated that after the
denial by the APC he met with Mr. Anner to get his input and then he elected to meet with staff to
understand the outstanding issues. He further stated that he made a recommendation to staff on what
would work for Lundgren Bros. He noted that he decided to hold another meeting with the neighbors
and he understood their concern to be that they wanted an open public park area in the center. He added
that this was a major concession for Lundgren since it is not consistent with their development style. He
said that he agreed to remove two lots in the subdivision in order to accoDlDlodate a park in the northeast
area. He stated that there has not been a consensus amongst the neighbors regarding this park. He
further stated that he has attempted to satisfy staff, the neighbors and the City Council and also meet the
need of Lundgren Bros. and future customers. He said the dedication of acreage needs to be increased in
the northeast, but it will be iInpossible to please everyone. He noted that 85% of the residents who
attended the APrC meeting supported their plan.
Mayor Egan asked if the remaining unresolved issues could be worked out between now and the
final plat. Public Works Director Colbert said that staff assumes that will be possible.
Councilmember Awada asked Director of Parks and Recreation Vraa if the remaining issue
regarding north park is whether or not it will be suitable as an active park. Vraa indicated that at the
neighborhood meeting they tried to generate attendance of residents from other areas besides the adjacent
neighborhood. He added that the main concern expressed was about the preservation of the tree line. He
further added that if a ballfield is constructed in the north park the trees will be lost. He said that they
have tried to configure some active components into some alternative designs. He stated that the park
design completed in 1982/83 depicted a much more active park.
Brenda Brenberg, 4714 Walden Drive, said that at last night's APrC meeting there were at least a
dozen people who were in agreement with the revised plan and there was only one person who disagreed
with the proposal. She added that the southern passive park and the northern active park creates
diversity for the Eagan parks system. She strongly encouraged approval of the Lundgren Bros. proposal.
Annette Degnan, 4612 Cambridge Drive, said that the main issue for her has been land
preservation. She noted that this is an opportunity for the City to preserve some unique land.
Lori Tripp, Covington Lane, stated that Lundgren should not have to pay for prior mistakes made
by the City or other developers. She said that they have done a good job of satisfying the people's needs.
She further said the central area will offer a relaxing place and the active park will also have nice
amenities. She stated that the APC did not have the most current information to review when they
denied this request. She added that at the APrC meeting the majority of people were in favor of approval
of Lundgren's proposal. She mentioned that Lundgren will bring in expensive homes that will pay their
way and have a low iInpact on City services. She noted that a lot of compromises have been made by
everyone.
Steve Briggs, 4733 Westminster Circle, said his biggest concern was to make sure that the
developer met his required 10% parkland dedication. He further said it appears that they are close to that
amount or have even surpassed it. He stated that the northern park seemed to be the issue the APrC was
struggling with because they were unsure what amenities could be constructed there. He further stated
that the general feelings of the neighbors appears to be that whatever works in the park will be acceptable
as long as the land is available. He added that they do not anticipate a heavily populated use of the active
park.
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18, 1997
PAGE 12
oe387
John Brenberg, 4714 Walden Drive, said that there was a consensus that the north park should
retain the tree line. He stated that he understood the residents at last night's APrC meeting to be in favor
of the north park being similar to a neighborhood park. He added that there appeared to be consensus in
favor of approving this plan and later determining what can be done with the space while retaining the
trees and leaving the central park space open and in a more natural state. He recoDlDlended approval of
this proposal.
Bonnie Edmonson, 4747 West Westminster Circle, stated that they have waited many years for
this park to develop. She said this developer has tried very hard to meet the neighbors' needs and she
said that she felt this proposal should be approved.
Joe Degnan, 4612 Cambridge Drive, noted that the residents on the east and the south have come
to a consensus on the latest plan. He further noted that the residents on the west side of the development
in the Beacon Hill subdivision have not reached a consensus.
Bob Gerlach, 4608 Cambridge, agreed with Mr. Degnan and added that one of the concerns of the
people living to the west is the access. He said the Beacon Hill development plan proposed to have
Trenton Lane, which is currently a stub street, be constructed as a through road into this area when it was
originally planned for development. He stated that he is concerned about trying to make this one large
neighborhood.
Councilmember Masin stated that she was uncomfortable with approving this request when both
advisory commissions denied it. Senior Planner Ridley indicated that the main reason for denial were the
outstanding park issues.
Mayor Egan asked Public Works Director Colbert if he felt comfortable working out the
remaining issues with the developer. Public Works Director Colbert explained that the remaining items
were the following: the location of the well site, the acquisition cost and the removal of Trenton Lane and
replacement with the trailway and the financial obligation associated with existing utilities that serve the
property. He said staff is willing to meet with the developer to explain the rationale for these conditions.
He stated that the developer has been in disagreement with staff's position with regard to these
conditions, but he has not requested their removal. Councilmember A wada said the conditions should be
left in and Councilmember Wachter concurred.
Rick Sathre, Planner for Lundgren Bros., said that they are proposing to dedicate 15.3 acres of the
site to the City, which is approxiInately 21 % of the property. City Attorney Sheldon indicated that the
Council can rezone the land that is to be Single Family Residential to R-l and then initiate a rezoning for
Public Facilities. He added that the well site will require a separate Public Facilities designation and
would require a separate public hearing because preliminary plat approval would give it an R-l
designation for a period of a year unless the City gets a specific agreement that the well site will be
excluded from preliminary plat approval. Councllmember A wada asked if the Council could approve a
rezoning of approxiInately 58 acres and then have the applicant come back for preliminary plat approval.
City Attorney Sheldon stated that would be acceptable if the Council designates the specific area for the
well site and excludes it from the rezoning tonight.
Councilmember Masin questioned if this application should be sent back to the advisory
commissions for further review and refinement and require the applicant to come back to the Council
with a new plan. Councilmember Awada stated that she felt staff can work out the details pertaining to
the subdivision.
Councilmember Wachter said that it is iInportant that the majority of the residents are in
agreement with the proposed plan. He further said that the plan is acceptable to hiIn with the
stipulations that have been discussed by the Council.
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18,1997
PAGE 13
OV388
Director of Parks and Recreation Vraa clarified that the City's park dedication does not provide
for full dedication when water is included as part of the dedication. He added that the developer is close
to the 10% dedication requirement. He said that the neighborhood was promised that the park would be
developed in conjunction with the development and he wanted to ensure that when the developer
submits the plan for final plat that he also submits a final plan for the park. He also wanted to ensure that
there was flexibility to work on the actual design of the active park.
Councilmember A wada moved, Councilmember Blomquist seconded a motion to approve a
request for a Rezoning of approxiInately 58 acres from A - Agriculture to R-l Single Family, excluding a
well site and the two parkland areas. Aye: 5 Nay: 0
Councilmember Awada moved, Councilmember Wachter seconded a motion to continue
consideration of a Preliminary Subdivision (Pinetree Pass) for 127 lots and four outlots located on
approximately 72 acres, south of Cliff Rd., west of Thomas Lane and Walden Drive, north of Wellington
Way and east of Cambridge Drive and Covington Lane in the NE 1/4 of Section 33 to the December 3, 1997
City Council meeting, or December 16 City Council meeting, if necessary. Aye: 5 Nay: 0
Councilmember A wada moved, Councilmember Masin seconded a motion to continue
consideration of 2% Variance to the maxiInum 8% cul-de-sac grade to the December 3, 1997 City Council
meeting, or December 16 City Council meeting, if necessary. Aye: 5 Nay: 0
Councilmember Awada moved, Councilmember Wachter seconded a motion to initiate a
rezoning of the remaining acreage to PF - Public Facilities subsequent to approval of the preliminary
subdivision. Aye: 5 Nay: 0
PRELIMINARY SUBDIVISION - BLUE CROSS BLUE SHIELD EAST ADDITION
City Adnrinistrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
Dave DiInond, architect for Delta Dental, stated that they have attempted to address the concerns
of the adjacent neighborhoods.
Public Works Director Colbert cODlDlented that the access onto Ashbury from the site would be a
right turn out only, but he noted that compliance would be voluntary and it would attempt to be
controlled via signage.
Councilmember Masin stated that there appear to be two main issues and they are the traffic
iInpacting neighborhoods on Ashbury and the ring road.
Angela Nyeggen, 1571 Blackhawk Hills Road, stated that the amount of traffic has increased as
well as the speed of the traffic through her neighborhood. She said that employees of Delta will use their
neighborhoods as a shortcut to work. She suggested that Blackhawk Hills Road should be a dead end to
the east and stop signs should be placed at every intersection along Blackhawk Hills Road and Ashbury.
She read a letter from Trent Johnson of the Eagan Police Department who stated that he witnessed a
number of traffic problems in the area and he also indicated that an increase in traffic will make
Blackhawk Hills Road more dangerous.
Sandy Orgas, 3573 Ashbury Road, said she was concerned with safety and the fact that the
complexion of the neighborhood will be affected by this development. She submitted petitions to the
Council and said that more are forthcoming. She said the entrance to Delta Dental onto Ashbury is
illogical and a commercial entrance onto a residential street should not be allowed.
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18, 1997
PAGE 14
00389
George Thompson, 3737 Blackhawk Road, indicated they have a hard time backing out of their
driveway onto Blackhawk Road now and the traffic will only get more congested with this development.
Roger Kleppe, representing Blue Cross Blue Shield Minnesota, presented statistics indicating
there are only a small number of employees who come down Ashbury in the morning to get BCBSM. He
commented on the various viewpoints represented by the residents. He added that BCBSM has been a
good corporate citizen. He noted that the construction of a ring road may create new problems. Mayor
Egan mentioned that the City has always appreciated BCBSM.
John Wells, 3680 Knoll Ridge Drive, stated that a petition was circulated regarding concerns with
location of the development on the site, traffic and safety. He said that he was representing an informal
coalition and introduced five other individuals who spoke following hiIn.
Cheryl Graham, 1775 Crestridge Lane, cODlDlented that she appreciates the quality of life in
Eagan. She noted that her family uses Sky Hill Park and in the winter the sidewalks are not plowed and it
is dangerous walking to the park. She added that it is difficult to get onto Blackhawk Hills Road. She
said she is concerned about the increase and speed of the traffic the new development will generate. She
further said the traffic issues should be resolved prior to approval of the development. She added that
the additional traffic will create environmental health concerns with regard to the noise and gas.
Terrie Thompson, 3670 Knoll Ridge Drive, expressed concerns about the direct and indirect
iInpacts of this development and stated that a number of planning issues need to be addressed by the
City.
Michael Ryan, 1795 Crestridge Lane, questioned the lack of notification regarding this proposal.
He said that more time and input is needed regarding the development on the part of the residents. City
Adnrinistrator Hedges explained the notification process as prescribed by state statute. He noted that the
City Council requires signage be placed on the proposed development site informing people of the
development. He further noted that a public hearing notice was placed in the local newspaper with a
map identifying the location and describing the property.
Clint Miller, 3610 Knoll Ridge Drive, stated that his property abuts Outlot B and he did not
receive any notification. He suggested that if an area is within the 350' notification boundary perhaps the
entire neighboring areas should be noticed. Mayor Egan explained that the applicant is required to get
the listing of addresses of the properties within the 350' boundary. Mr. Miller suggested it would be
helpful if the Council re-examined their notification process. He said the zoning of Outlot B is a major
concern to hiIn and he also commented on the Ashbury entrance and requested the Council consider
deleting it and replace it with another entrance onto Blue Cross Road.
Senior Planner Ridley explained the status of the Planned Development and indicated there is a
15 year timeframe unless the City Council takes action to terminate it. He said the timeframe may be
expired, but it is still in effect until the Council terminates the PD.
John Wells, 3680 Knoll Ridge Drive, suggested the Council allow more time for further review
and revision in order for this development to fit well into the overall cODlDlunity.
Joe Graham, 1775 Crestridge Lane, cODlDlented on pollution in the area resulting from increased
traffic and the potential for increased lanes on Blackhawk Hills Road. Public Works Director Colbert
stated that there are no plans in the 5 Year CIP to increase the lanes.
Jeff LeFavre, United Properties, indicated that the traffic problem in the area needs to be
addressed, but it should be considered separately from the feasibility of this development. He indicated
that if this area is developed as residential there will be more traffic generated than will be generated as a
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18,1997
PAGE 15
00390
result of the Delta Dental development. He added that with a cODlDlercial use there will be little traffic
during the middle of the day and on weekends.
A resident spoke and indicated that Mr. LeFavre was trying to divert the issue. He indicated that
Ashbury should be eliminated as an entrance and another alternative should be provided. He suggested
two entrances onto Blue Cross Road.
Tom McLaughlin, 3637 Ashbury Road, requested that there be no entrance on Ashbury because
of the safety issues. He presented a handout covering his point of view.
Councilmember Blomquist suggested that the building should front off of Blue Cross Road. She
said she believes the concerns expressed by the residents are valid with regard to access on Ashbury
Road. She stated that a traffic calming study should be done on Blackhawk Road. She added that she
could not support this proposal unless the access to Ashbury was eliminated.
Mayor Egan asked if a new street could be stubbed in and the building be reoriented. Public
Works Director Colbert said that would be possible.
Councilmember Masin asked about the rezoning of Outlot B, the entire plan for the property,
traffic calming measures for Blackhawk Road and the future of the ring road. Councilmember A wada
asked if Outlot B becomes part of the residential neighborhood with a zoning change. Mayor Egan said it
will develop as low density R-1. Councilmember Blomquist cODlDlented that this will be looked at during
the update of the Comprehensive Guide Plan. Councilmember Wachter indicated he could not support
this plan with the entrance the way it is shown now. Further discussion occurred on the feasibility of
bringing in the stub street on Blue Cross Road. City Attorney Sheldon indicated that the timeframe on the
application runs through the end of December. He added that if the changes to the proposal are
significant enough the Council can make the determination as to whether or not to send it back to the
APC for review.
Mr. DiInond said that in terms of the development of this property they have saved over 75% of
the natural trees on the site and have maintained the natural area of the site. He indicated they would be
willing to accept moving the entrance from Ashbury to Blue Cross Road but requested that the site
proposal remain the same.
Senior Planner Ridley clarified that since the actual request is for a subdivision and the parcel of
property will not change the application would not need to go back to the APC for review. He further
stated that the developer's concern is with having to change the orientation of the building when they feel
they have a good, sensitive development as proposed. Councilmember Blomquist said that the parking
on the Delta site could be reoriented to Blue Cross Road rather than changing the orientation of the
building. She further said that the hardwood trees should still be installed on Ashbury.
Councilmember Blomquist moved, Councilmember A wad a seconded a motion to approve a
Preliminary Subdivision for BCBSM East Addition consisting of one lot of 16.17 acres and two OUtlots on
27.13 acres located east of Blue Cross Road, north of Ashbury Road in the NE 1f4 of Section 17 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:
AI, Bl, B2, B4, Cl, C2, C4, Dl, El, Fl, Gl, and HI
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18, 1997
PAGE 16
Tree Preservation
00391.
2. Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) be installed at the
Drip Line or at the perimeter of the Critical Root Zone, whichever is greater, of significant
trees/woodlands to be preserved during initial site grading.
3. The developer shall be responsible for contacting the City Forestry Division at least five
days prior to the issuance of the grading permit to ensure compliance with the approved
Tree Preservation Plan.
Water Quality
4. The developer meet water quality mitigation requirements through construction of features
designed to promote infiltration of runoff from parking areas of the site. To the extent that
the infiltration features are inadequate to meet the removal effectiveness of a conventional
NURP basin, a cash dedication will be required.
Final Planned Development
5. The following plans are required at the time of final planned development:
Pinal Site Plan
Final Landscape Plan
Final Signage Plan
Final Lighting Plan
Pinal Building Elevation Plans
Final Phasing Plan
Pavement Markings
6. The developer shall be responsible for the necessary modifications to the pavement
markings to accoDlDlodate the proposed entrance onto Blue Cross Road.
Easements
7. A 20-foot wide drainage and utility easement for the planned future water transmission
line, per the City Water Supply and Distribution Plan (1996), shall be dedicated on the
final plat in the southeast corner of the property.
Plat
8. The proposed subdivision must be platted.
9. The developer shall dedicate restricted access along Ashbury Road.
Aye: 5 Nay: 0
Councilmember Blomquist moved, Councilmember A wada seconded a motion to direct a traffic
calming study on Blackhawk Road and Ashbury Road. Aye: 5 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18, 1997
PAGE 17
00392
REZONING, PRELIMINARY SUBDIVISION & CONDITIONAL USE PERMITS
JOHN B. GOODMAN LIMITED P ARNTERSHIP
City Adnrinistrator Hedges provided an overview on this item. Senior Planner Ridley gave a
staff report.
John Bunkers, Project Manager for John B. Goodman Limited Partnership, discussed the
proposed project.
Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve a
Rezoning from General Business (GB) to Limited Business (LB) of 6.53 acres consisting of Lots 7 and 8,
Block 3, Effress Addition in the SW % of Section 19. Aye: 5 Nay: 0
Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a
Preliminary Subdivision (Marice Addition) consisting of 2 lots on 6.53 acres consisting of Lots 7 and 8,
Block 3, Effress Addition in the SW % of Section 10 subject to the following conditions:
1. The developer shall comply with these standards conditions of plat approval as adopted
by Council on February 3, 1993:
Bl, B2, B3, B4, Cl, C2, C4, Dl, and El.
2. The property shall be platted.
3. A cross-easement for signage between Lot 1 and 2 should be provided prior to final
subdivision approval.
4. The circular drive serving the retirement home on Lot 2 shall be widened to 20 feet, or as
otherwise agreed between the developer and the City, in order to provide adequate
emergency access.
5. The developer shall be responsible for installing the sidewalks along Marice Drive and
Sherman Court.
6. The developer shall obtain a permit from Dakota County to cover grading activity within
the Pilot Knob Road (County Road 31) right-of-way at the time of final subdivision
approval.
7. The developer shall be responsible for installing and maintaining erosion control
measures in accordance with the City's Erosion/SediInent Control Standards.
8. A revised tree preservation plan that includes details as to how tree preservation will be
fulfilled should be submitted for staff review prior to final subdivision approval.
9. Park and trails dedication shall be fulfilled as recoDlDlended by the Advisory Parks
Commission.
10. This development shall meet its water quality mitigation requirements entirely through
on-site ponding, and the final pond design shall be subject to approval by the City's
Water Resources Coordinator.
Aye: 5 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18,1997
PAGE 18
00393
Councilmember A wada moved, Councilmember Blomquist seconded a motion to approve a
Conditional Use Permit to allow a Class I restaurant in a Limited Business District subject to the following
conditions:
1. The applicant shall record the Conditional Use Permit at the Dakota County Recorder's
office with the final plat.
2. An enclosure for trash and recyclable materials shall be provided. The enclosure shall
meet all requirements for size, location and design in the City ordinance.
3. All rooftop mechanical equipment shall be screened from view from the public right-of-
way and adjacent properties.
Aye: 5 Nay: 0
Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve a
Conditional Use Permit to allow on-sale liquor with a Class I restaurant in a Limited Business District
subject to the following condition:
1. The applicant shall record the Conditional Use Permit at the Dakota County Recorder's
office with the final plat.
Aye: 5 Nay: 0
Councilmember Blomquist moved, Mayor Egan seconded a motion to approve a Conditional Use
Permit to allow a pylon sign subject to the following conditions:
1. The applicant shall record the Conditional Use Permit at the Dakota County Recorder's
office with the final plat.
2. A cross-easement for signage between Lot 1 and 2 should be provided.
Aye: 5 Nay: 0
Councilmember Masin moved, Councilmember Awada seconded a motion to approve a
Conditional Use Permit to allow a 151-unit senior retirement home in a LiInited Business District subject
to the following conditions:
1. The applicant shall record the Conditional Use Permit at the Dakota County Recorder's
office with the final plat.
2. Architectural design and construction methods shall incorporate sound attenuation
standards sufficient to achieve an interior sound level of 45 dBA.
3. Setbacks shall be as shown on the Site Plan dated October 1, 1997.
4. Mechanical equipment shall be screened from the public right-of-way and adjacent
properties.
Aye: 5 Nay: 0
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a
Conditional Use Permit to allow a four-story building exceeding 30 feet in height in a Limited Business
District subject to the following conditions:
EAGAN CITY COUNCIL MEETING MINlT1'ES; NOVEMBER 18,1997
PAGE 19
00394
1. The applicant shall record the Conditional Use Permit at the Dakota County Recorder's
office with the final plat.
2. Setbacks shall be as shown on the Site Plan dated October 1, 1997.
Aye: 5 Nay: 0
ORDINANCE AMENDMENT, CHAPTER 7, STREETS & SIDEWALKS
OBSTRUCTION IN STREETS
ORDINANCE AMENDMENT, CHAPTER 7, STREETS & SIDEWALKS
REGULATION OF GRASS, WEEDS, TREES AND LANDSCAPING
Councilmember Wachter cODlDlented on the need for these amendments and explained that the
state does not prune shrubs or trees and there is barely enough room to walk on some trailways.
Councilmember Blomquist said that if a tree is truly obstructing a sight line she is in support of
removal. Superintendent of Parks Olson stated that standards would be applied with regard to the
removal of trees.
Councilmember Blomquist reiterated that trees should not be removed unless they constitute a
problem. She said that property owners need to be notified first.
Superintendent of Parks Olson explained the notification process and said that copies of
notification letters can be supplied to the City Council. He added that trees will be removed without the
consent of the homeowner only if an emergency situation exists. He further added that the City cannot
require property owners to triIn boulevard trees. Councilmember Wachter stated that if an emergency
situation exists staff needs to remove the tree under any circumstances.
Councilmember Awada moved, Mayor Egan seconded a motion to approve an ordinance
amendment to Chapter 7, Streets and Sidewalks, Section 7.05 - Obstructions in streets. Aye: 5 Nay: 0
Councilmember Awada moved, Councilmember Wachter seconded a motion to approve an
ordinance amendment to Chapter 7, Streets and Sidewalks, Section 7.08 - Regulation of grass, weeds, trees
and landscaping. Aye: 5 Nay: 0
'~~~t:A.m~~QY~~~A+~~~~
City Adnrinistrator Hedges mentioned that he will be attending the LMC Policy Adoption
Conference.
Mayor Egan commented on a potential candidate for Vern Peterson's replacement on the AMM.
~~~~l~G~J)A
CONTRACT ~V, ACKNOWLEDGE COMPLETION/AUTHORIZE CITY MAINTENANCE
(EAGAN PROMENADE 2ND ADDmON - UTILITIES)
Councilmember Awada moved, Councilmember Wachter seconded a motion to acknowledge
completion of Contract 96-V (Eagan Promenade 2nd Addition - Utilities) and accept these iInprovements
for perpetual City maintenance subject to the warranty provisions. Aye: 5 Nay: 0
EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 18, 1997
PAGE 20
00395
iitmMiORSTOiSEHEARD
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Bill Keegan, National Courtesy Bench, told the City Council that their company will remove their
bus benches by the December 1 deadline.
~~'''c,,'~<'
1!BiiUJlL~'!!!A~lJ3
City Adnrinistrator Hedges said that the ribbon cutting for Tip Top Nails scheduled for
Wednesday has been cancelled. He stated that the Eagan High School Girls Volleyball Team won the
state championship. He noted that there will be a celebration on Wednesday morning at the Eagan High
School and asked if any Councilmembers were interested in attending. Councilmember Blomquist
indicated she would attend.
Councilmember A wada mentioned that Councilmember Masin will be attending the
Comprehensive Guide Plan Subcommittee meeting in her place on Thursday.
Councilmember Masin mentioned that she helped interview students who are applying to the
military academy. She said that she attended the ribbon cutting of the OWOBOPTE facility. She further
said she attended the opening of the Clare Bridge of Eagan facility that serves the memory iInpaired.
Mayor Egan noted that he attended the grand opening of the Eco-Site facility.
~,~~iRE,qlS'I'ER
Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register
dated November 14, 1997 in the amount of $1,353,444.67. Aye: 5 Nay: 0
~jo~
The meeting adjourned at 11:15 p.m.
November 18, 1997
Date
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, (TOO phone: (612) 454-8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.
EXHIBIT A
1998 Off-Sale Liquor Renewals
1. Applebaum Companies, Inc 00396
Big Top Liquors
3900 Beau d'Rue Drive
Eagan, MN 55122
2. Sidco, Inc.
Big Top Wines & Spirits
1282 Town Centre Drive
Eagan, MN 55123
3. Blackhawk Liquors Inc.
Blackhawk Liquors
4130 Blackhawk Rd. #100
Eagan, MN 55122
4. Byerly Beverages Inc.
Byerly's Wine & Spirits
1299 Promenade Place
Eagan, MN 55121
5. Cellars WineslSpiritslEagan Inc.
Cellars Wines & Spirits
2113 Cliff Road
Eagan,MN 55122
6. Perrier & Associates, Inc.
Great Northern Spirits
1960 Cliff-Lake Road # 1 0 I
Eagan, MN 55122
7. MME Inc.
E & M Liquor
1444 Yankee Doodle Road
Eagan, MN 55122
8. Liquor Shoppe Inc. of Eagan
Liquor Shoppe
4250 Lexington Ave. South
Eagan, MN 55123
9. MGM Spirits Express Inc.
MGM Liquor Warehouse
4182 Pilot Knob Road
Eagan, MN 55122
10. United Penn Lake, Inc.
Silver Bell Liquor
1989 Silver Bell Road
Eagan, MN 55122
I - On-Sale Liquor Renewals
00397
On-Sale Liauor - Restaurants
I. AI Bakers
AI Baker
3434 Washington Drive
Eagan. MN 55122
2. Apple America Ltd Ptnsp of MN
Applebee's Neighborhood Bar & Grill
1335 Town Centre Drive
Eagan. MN 55123
3. Casper's Cherokee Sirloin Room
Cherokee Sirloin Room
4625 Nicols Road
Eagan, MN 55122
4. Cedarvale Bowl, Inc.
Cedarvale LaneslFitz's Bar & Grill
3883 Beau d'Rue Drive
Eagan. MN 55122
5. Chili's of Minnesota, Inc.
Chili's Southwest Bar & Grill
3625 Pilot Knob Road
Eagan, MN 55122
6. Cliff Corporation
1. Doolittles
2140 Cliff Road
Eagan,MN 55122
7. Nue & Torgerson, L.L.P.
Green Mill Restaurant
1960 Rahncliff Road
Eagan, MN 55122
8. Jensen's Supper Club, Inc.
Jensen's Supper Club
3840 Sibley Memorial Highway
Eagan, MN 55122
9. CO2, Inc.
Lafonda de los lobos
3665 Sibley Memorial Highway
Eagan. MN 55122
10. Mediterranean Cruise
Mediterranean Cruise Restaurant
3945 Sibley Memorial Highway
Eagan, MN 55122
II. Rock Bottom Restaurants, Inc.
Old Chicago Pizza
1312 Town Centre Drive
Eagan, MN 55123
2 - On-Sale Liquor Renewals
OU398
12. West Jersey Associates, Inc.
Richards
4185 South Robert Trail
Eagan. MN 55123
13. Marriott Management Services Corp
River Park
3400 Yankee Drive
Eagan. MN 55122
14. Hall & Convention Center, Inc.
Royal Cliff
2280 Cliff Road
Eagan, MN 55122
15. Starks I, Inc.
Starks Saloon
3125 Dodd Road
Eagan. MN 55121
16. ARG Enterprises, Inc.
Stuart Anderson's Cattle Company
1299 Promenade Place
Eagan, MN 55121
17. 13tt, Inc.
Valley Lounge
3385 Sibley Memorial Highway
Eagan. MN 55122
18. OF & R Operating Co.
Don Pab10s #960125
1280 Promenade Place
Eagan, MN 55121
19. Wheatstone Restaurant Group, LLC
Houlihans
1294 Promenade Place
Eagan, MN 55121
On-Sale LiQuor - Club
20. Spur, Inc.
Lost Spur Country Club
2750 Sibley Memorial Highway
Eagan, MN 55121
On-Sale UQuor - Hotels
21. T.C.B.H., Inc.
Holiday Inn
2700 Pilot Knob Road
Eagan, MN 55121
22. Hilton Hotel- Eagan
Opening in 1998
1998 On-Sale Wine Renewals
00399
1. Chungs, Inc.
Anna Chungs
1960 Cliff Lake Rd. # 116
Eagan, MN 55122
2. Apples Plus, Inc.
Apples Restaurant
1260 Town Centre Drive
Eagan, MN 55123
3. Fratelli Tre, Inc.
Carbone's Pizzeria
1665 Yankee Doodle Road
Eagan, MN 55122
4. Diamond T. Ranch, Inc.
Diamond T. Ranch
4889 Pilot Knob Road
Eagan, MN 55122
5. Hoban Korean Restaurant
YoungT. Lim
1989 Silver Bell Road
Eagan, MN 55122
6. Chung Wong, Inc.
Hong Wong Restaurant
2139 Cliff Road
Eagan, MN 55122
7. FHF, Inc.
Hunan Garden
1304 Town Centre Dr.
Eagan, MN 55123
8. J &RGroup
Italian Pie Shoppe
1438 Yankee Doodle Rd.
Eagan, MN 55122
9. Village House II
Que Viet
1272 Town Centre Dr.
Eagan, MN 55123
10. TCQ, Inc.
John Hardy's Bar B Q
1428 Yankee Doodle Road
Eagan, MN 55121
11. D'Amico Catering, Inc.
0' Amico & Sons
3324 Promenade Ave.
Eagan, MN 55122
1 - 1998 On-Sale Beer License Renewals
00400
1. Chungs, Inc. u (wine license also)
Anna Chungs
1960 Cliff Lake Rd. # 116
Eagan, MN 55122
2. Apples Plus, Inc. u (wine license also)
Apples Restaurant
1260 Town Centre Drive
Eagan, MN 55123
3. Sports Fanatic, Inc.
Broadway Pizza
2135 Cliff Road
Eagan, MN 55122
4. Fratelli Tre, Inc. u (wine license also)
Carbone's Pizzeria
1665 Yankee Doodle Road
Eagan, MN 55122
5. Carriage Hills Country Club
Ray Rahn
3535 Wescott Hills Dr.
Eagan, MN 55122
6. Davanni's, Inc.
Davanni's PizzalHot Hoagies
1960 Cliff Lake Road
Eagan, MN 55122
7. Diamond T. Ranch, Inc. (wine license also)
Diamond T. Ranch
4889 Pilot Knob Road
Eagan, MN 55122
8. Dragon Palace Restaurant
Lee Fo Len, Owner
1466 Yankee Doodle Road
Eagan, MN 55122
9. Hoban Korean Restaurant (wine license also)
Young T. Lirn
1989 Silver Bell Road
Eagan, MN 55122
10. Chung Wong, Inc. u (wine license also)
Hong Wong Restaurant
2139 Cliff Road
Eagan,MN 55122
2 -1998 On-Sale Beer License Renewals
00401
11. FHF, Inc. ** (wine license also)
Hunan Garden
1304 Town Centre Dr.
Eagan, MN 55123
12. J & R Group ** (wine license also)
Italian Pie Shoppe
1438 Yankee Doodle Rd.
Eagan, MN 55122
13. Parlcview Golf Club
Don Larsen
1310 Cliff Road
Eagan,MN 55123
14. Piccolo's
Patricia Boudreau
4162 Pilot Knob Rd.
Eagan, MN 55122
15. Pizza Hut of America, Inc.
Pizza Hut #40 I 025
2130 Cliff Road
Eagan,MN 55122
16. Pizza Hut of America, Inc.
Pizza Hut #401023
1325 Town Centre Dr.
Eagan,MN 55123
17. Village House II (wine license also)
Que Viet
1272 Town Centre Dr.
Eagan,MN 55123
18. West End Hunting Club
535 Gun Club Road
Rosemount., MN 55068
19. TCQ, Inc... (wine license also)
John Hardy's Bar B Q
1428 Yankee Doodle Road
Eagan, MN 55121
20. D'Amico Catering, Inc .. (wine license also)
D' Amico & Sons
3324 Promenade Ave.
Eagan, MN 55122
** Strong Beer License
I -1998 Off-Sale Beer Renewals
00402
1. Cedarvale Texaco
3830 Sibley Memorial Highway
Eagan, MN 55122
2. Super Valu Holdings, Inc.
Cub Foods
1940 Cliff Lake Road
Eagan, MN 55122
3. Holiday Stationstore #232
4595 Nicols Road
Eagan, MN 55122
4. Holiday Stationstore #247
3615 Pilot Knob Road
Eagan, MN 55122
5. Holiday Stationstore #68
1065 Diftley Road
Eagan, MN 55122
6. McG's
1969 Silver Bell Road
Eagan,MN 55122
7. PDQ #214
4198 Pilot Knob Road
Eagan, MN 55122
8. Fleming Companies, Inc.
Rainbow Foods
1276 Town Centre Dr.
Eagan, MN 55123
9. SuperAmerica Group
SuperAmerica #4049
4200 Sibley Memorial Highway
Eagan, MN 55122
10. SuperAmerica Group
SuperAmerica #4182
1406 Yankee Doodle Road
Eagan, MN 55122
11. SuperAmerica Group
SuperAmerica #4464
2250 Cliff Road
Eagan, MN 55122
12. SuperAmerica Group
SuperAmerica #4335
1379 Town Centre Dr.
Eagan,MN 55123
2 - 1998 OfT-Sale Beer Renewals
13. Tom Thumb Food Markets
Tom Thumb #273
1815 Diftley Road
Eagan, MN 55122
OU403
14. Tom Thumb Food Markets
Tom Thumb #166
1446 Yankee Doodle Road
Eagan, MN 55122
15. Total
2000 Rahncliff
Eagan, MN 55122
16. Twin Cities Stores, Inc.
Oasis Market #518
3390 Coachman Rd
Eagan, MN 55121
17. Twin Cities Stores, Inc.
Oasis Market #594
1286 Lone Odk Road
Eagan, MN 55121
18. Twin Cities Stores, Inc.
Oasis Market #576
3150 Dodd Road
Eagan,MN 55121