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12/16/1997 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota December 16, 1997 00434 A regular meeting of the Eagan City Council was held on Tuesday, December 16,1997 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. IGENDA Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 I1INUTES OF THE DECEMBER 3, 1997 REG.JJLAR MEETING Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 MINUTES OF THE DECEMBER 3, 1997 EAGAN HOUSING AND REDEVELOPMENT BOARD MEETING Councilmember Blomquist moved, Councilmember A wada seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 DEPARTMENT HEAD BUSINESS AUTHORIZATION TO PROCEED WITH RFP FOR SWIMMING POOL City Administrator Hedges provided an overview on this item. Mayor Egan explained that there is a tremendous amount of process the City Council has to undertake to investigate the possibility of a swimming pool and stated that informational meetings will be scheduled in March. He added that they are in a very preliminary stage at this time. Councilmember Masin stated that she would be voting against this item because she felt the APrC should further review this issue, prioritize needs and determine potential sites for this facility. Councilmember Blomquist said that a facility similar to this was always a potential use for this site. She added that this is the preliminary stage and said noted that she is concerned about how much money will be expended on this project. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the Request for Proposal seeking design consulting services related to an aquatic facility and to appoint Councilmembers Awada and Wachter to an interview selection team. Aye: 4 Nay: 1 (Councilmember Masin opposed) Resident Jeff Gregory said the aquatic park will affect his neighborhood and further said he is not in favor of it. He submitted a petition containing signatures of homeowners of the Windcrest Homeowners Association who are also opposed to the facility. tONSENT AGENDA In regard to Item A6, 1998 Compensation/Non-Collective Bargaining Employees, Councilmember Blomquist questioned increasing compensation rates for all employees 3% across the EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1997 PAGE 2 00435 board. She suggested this item be reviewed in 1998. She indicated she would be abstaining from voting on this item. In regard to Item C, On-Sale Liquor License, Toe Senser's of Eagan, Inc. (former Cracker Barrel site), 3010 Eagandale Place, Councilmember Wachter asked when the establishment will be open for business and if highway signage had been coordinated with MnDOT. City Administrator Hedges stated that MnDOT has given approval to the signage. Joe Senser, owner of Senser's, said that they plan to have the business open by May 1. In regard to Item G, Authorization, Airliner and Spruce Motel properties, 2788 and 2794 Highway 55, preparation of agreement for owner's consent to demolish and preparation of appraisal, Councilmember Wachter asked about the demolition of the building. Assistant to the City Administrator Hohenstein explained the timeline for demolition. In regard to Item I, Adopt environmental assessment comments regarding extension of Runway 4/22 to 12,000 feet, Councilmember Blomquist suggested that comment four on page 43 of the Council packet be deleted. Assistant to the City Administrator Hohenstein said that Jennifer Sayre with Northwest Airlines indicated the airline is opposed to noise mitigation strategies that will impede progress on the runway extension. After further discussion, the following sentence was deleted from comment four, "The assessment should identify and the MAC, FAA and airlines should implement appropriate noise abatement strategies to recognize the situation". In regard to Item 0, Contract 98-01, receive bids/ award contract (Southern Lakes Water Tower), Councilmember Blomquist indicated she would be voting against this item. In regard to Item P, Approve 1998 consulting engineering rates, Mayor Egan questioned the substantial rate increase of Howard Greene Company's consulting fees compared to other engineering firms' fees. Director of Public Works Colbert explained the rationale for the increase. Councilmember Wachter stated he was not happy with the results the City has received from the firm of Short, Elliott, Hendrickson. Mayor Egan concurred and said that he was not satisfied with the traffic information presented by SEH at the Council work session held earlier in the evening. Director of Public Works Colbert explained that SEH has provided excellent service in other areas and he further explained the pool concept the City utilizes which serves to draw on the strengths of particular firms. In regard to Item V, Termination of Interim Ordinance on communication towers in PF zones, Councilmember Wachter said there are many things being done to enhance the appearance of communication towers and he suggested that the companies in the communication business be contacted to see if they would be willing to improve the appearance of the towers. A. Personnel Items Item 1. It was recommended to approve the hiring of a person to be recommended for the position of Fire Inspector. Item 2. It was recommended to approve the hiring of Kurt Bratulich as a police officer, effective January 12,1998. Item 3. It was recommended to approve the hiring of Ryan Rausch as a part-time seasonal night supervisor for the Civic Arena. Item 4.. It was recommended to approve the hiring of Lynn Hanson and Matt Hanson as seasonal winter parks maintenance workers. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1997 PAGE 3 00436 Item 5. It was recommended to approve the hiring of the following individuals as part-time seasonal winter recreation leaders: Roger Anderson, Martha Buyck, Mark Cleare, Rachel Collingham, Eric Damann, Meghan Doherty, Scott Ellingson, Ben Erickson, Jason Faith, Kimberly Gill, Erick Hansen, Nathan Hauenstein, Ryan Hauenstein, James Hellzen, Andrew Koppang, Dan Klug, Philip Kowalczyk, Jeffrey Lacey, Bryce Meyer, Jason Ponsonby, Jason Sakry, Molly Simmons, Joe Skoglund, Brittany Stephens, Melissa Stertz, James Wagner and Andy Willenburg. Item 6. It was recommended to approve the 1998 compensation rates for non-collective bargaining employees as follows: (Councilmember Blomquist abstained on this item.) 1) Compensation rates for regular, non-collective bargaining employees be increased 3% across the board, effective January 1, 1998. 2) With the exception of election judge rates, compensation rates for temporary, non- collective bargaining employees also be increased bY!!l2 to 3%. 3) Car expense allowances for Department Heads be increased by 3 %. 4) Mileage rates be set at the IRS amount (which is currently $.315 a mile). If the IRS increases this amount, the City's amount will automatically increase to the new IRS rate. 5) The City's contribution for family health insurance would increase by $7.76 a month (half the total increase for 1998). (A motion directing the Personnel Committee to review this item in 1998 was made following the consent agenda.) B. Sub grantee Agreement -1997 CDBG. It was recommended to authorize the Mayor and City Clerk to sign the Subgrantee Agreement between Dakota County HRA and the City of Eagan for the Dakota County Community Development Block Grant Program for the Fiscal Year 1997 project that will be carried out directly by City staff. C. On-Sale Liquor License, Toe Senser's of Eagan, Inc. (former Cracker Barrel site), 3010 Eagandale Place. It was recommended to approve an on-sale liquor license for Joe Senser's of Eagan, Inc., to be located at 3010 Eagandale Place, the former Cracker Barrel Restaurant site. D. Approve contract with OHMS to provide third party administration of worker's compensation claims. It was recommended to approve a contract with Occupational Healthcare Management Services (OHMS) to provide third party administration of worker's compensation claims. E. Approve 1998 Special Revenue Fund Budgets, including the Housing Revenue Bond Fund, the Police Forfeiture Fund, the Housing and Redevelopment Authority Fund, the Recycling Fund, the Economic Recovery Grant fund, the Cedarvale Special Services Fund, and the Cable TV Franchise Fees Fund. It was recommended to approve the 1998 Special Revenue Fund Budgets, including the Housing Revenue Bond Fund, the Police Forfeiture Fund, the Housing and Redevelopment Authority Fund, the Recycling Fund, the Economic Recovery Grant Fund, the Cedarvale Special Services Fund and the Cable TV Franchise Fees Fund. F. Extension for recording the final plat of Lone Oak Third Addition. It was recommended to extend the time for recording the final plat of Lone Oak Third Addition six months to March 16,1998. G. Authorization, Airliner and Spruce Motel properties, 2788 and 2794 Highway 55, preparation of agreement for owner's consent to demolish and preparation of appraisal. It was recommended to authorize staff and legal counsel to prepare an agreement for the owner's consent to demolish the Airliner and Spruce Motel properties located at 2788 and 2794 Highway 55 and to prepare an appraisal of value. 97-105 H. Recommendation. Economic Development Commission. resolution supporting tort reform proposals, 97-105.1 joint and several liability and employer reference immunity. It was recommended to approve resolutions EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1997 PAGE 4 0043~7 recommended by the Economic Development Commission to support proposals concerning joint and several liability and employer reference immunity. I. Adopt environmental assessment comments regarding extension of Runway 4/22 to 12,000 feet. It was recommended to adopt comments (as modified) to the environmental assessment worksheet regarding extension of Runway 4/22 at Minneapolis St. Paul International Airport to 12,000 feet. J. Project 726. receive feasibility report/ order public hearing (Greensboro Addition - Storm Sewer). It was recommended to receive the feasibility report for Project 726 (Greensboro Addition - Storm Sewer) and schedule a public hearing to be held on February 3, 1998. K. Project 717R. order public hearing (Country Home Heights - Street Improvements). It was recommended to schedule a public hearing for Project 717R (Country Home Heights - Street Improvements) to be held on January 20, 1998. L. Contract 97-11, approve Change Order No.1 (Old Sibley Highway - Street & Utility Improvements). It was recommended to approve Change Order No.1 to Contract 97-11 (Old Sibley Highway - Street and Utility Improvements) and authorize the Mayor and City Clerk to execute all related documents. M. Proiect 727, authorize feasibility report (Donnywood Addition - Street Improvements). It was recommended to authorize the preparation of a feasibility report for Project 727 (Donnywood Addition - Street Improvements). N. Proiect 733. authorize feasibility report (McKee Addition - Street Improvements). It was recommended to authorize the preparation of a feasibility report for Project 733 (McKee Addition - Street Improvements). O. Contract 98-01, receive bids/ award contract (Southern Lakes Water Tower). It was recommended to receive the bids for Contract 98-01 (Southern Lakes Water Tower) and award the contract to Pittsburgh- DesMoines for Style A (Fluted Column) on the alternate site in the amount of $1,084,500 including Alternates A-I, 3,5 and 6 in the amount of $36,000 and authorize the Mayor and City Clerk to execute all related documents. (Councilmember Blomquist opposed) P. Approve 1998 consulting engineering rates. It was recommended to approve the general engineering rates submitted by the designated consulting companies for services to be provided in 1998. Q. Approve 1998 Toint Powers Agreement (Street Maintenance). It was recommended to approve the 1998 Joint Powers Agreement for street maintenance and authorize the Mayor and City Clerk to execute all related documents. R. Project 734, Town Centre 100 Sidewalk. It was recommended to authorize a feasibility report for Project 734 (Town Centre 100 - Sidewalk). S. Project 735, receive petition/ authorize feasibility report (Wescott Hills Drive Extension). It was recommended to receive a petition and authorize the preparation of a feasibility report for Project 735 (Wescott Hills Drive - Extension). T. Confirmation of Findings of Fact, Conclusions & Resolution of Denial, Walter V. Nelson, Lot 23, Block 2, Wilderness Run 2nd Addition located at 4304 Pilot Knob Road. It ~as recommended to approve the findings of fact of the denial of the rezoning request by Walter V. Nelson for Lot 23, Block 2, Wilderness Run 2nd Addition located at 4304 Pilot Knob Road. 97-106 U. Agreement - McCarthy house. It was recommended to approve a lease agreement with United Methodist Church/Eagan Arts and Humanities Council for the use of the McCarthy house. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1997 PAGE 5 00438 V. Termination of Interim Ordinance on communication towers in PF zones. No action was required on this item. W. Approve revision to Eagan Board representation of Gun Club Lake Watershed Management Organization. It was recommended to approve the replacement of the Director of Public Works by the City Engineer as the Eagan Alternate to the Board Members of the Gun Club Lake Watershed Management Organization 1998. X. Contract 95- Y, acknowledge completion/ authorize City maintenance (Centex Vermillion Addition - Street & Utilities). It was recommended to acknowledge the completion of Contract 96- Y (Centex Vermillion Addition - Street & Utilities) and authorize perpetual City maintenance subject to warranty provisions. y. Contract 96-L, acknowledge completion/ authorize City maintenance (Centex Vermillion 2nd Addition - Street & Utilities). It was recommended to acknowledge completion of Contract 96-L (Centex Vermillion 2nd Addition - Street & Utilities) and authorize perpetual City maintenance subject to warranty provisions. Z. Contract 96-GG, acknowledge completion/ authorize City maintenance (Town Centre 70 Nineteenth Addition - Utilities). It was recommended to acknowledge the completion of Contract 96-GG (Town Center 70, 19th Addition - Utilities) and authorize perpetual City maintenance subject to warranty provisions. AA. Contract 96-07, approve final payment/ authorize City maintenance (Hayes/Delosh Additions - Storm Sewer Improvements). It was recommended to approve the final payment for Contract 96-07 (Hayes & Delosh Additions - Storm Sewer) in the amount of $13,887.94 to G.L. Contracting, Inc., and accept the improvement for perpetual City maintenance subject to warranty provisions. BB. Refuse hauler license, Clean Sweep, Inc. for construction/ demolition debris. It was recommended to approve a construction/ demolition debris hauler license for service provided for 1997. Councilmember Wachter moved, Councilmember A wada seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 Councilmember Blomquist moved, Councilmember Wachter seconded a motion to have the Personnel Committee review the City's compensation program during 1998. Aye: 5 Nay: 0 J'UBLlC HEARINGS BUILDING MOVE PERMIT - JIM SIMONET City Administrator Hedges provided an overview on this item. He noted that a letter was received from Peggy Carlson requesting the house be moved to the site via the field in order to avoid damage occurring to the area land and vegetation. Mayor Egan opened the public hearing to anyone wishing to speak. Jim Simonet, applicant, said that he feels the house will fit well in the proposed location and it will also be nice to keep the structure in the City for historical purposes. Councilmember Blomquist asked about the need to break out the windows in the house. Mr. Simonet explained that the second floor windows do not meet fire the code requirements. Councilmember Blomquist asked how this will affect the historical value of the house. Councilmember Wachter said it will be partially destroyed. Councilmember Masin asked if the City Council has the authority to grant an exemption in order to retain the integrity of the structure. Councilmember Wachter said he would like to get information from the Building Inspections Department to see if something could be worked out with regard to the code EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1997 PAGE 6 OOL.i39 requirements. Councilmember Blomquist further said she would like to see the architectural integrity of the building maintained, including the porch and the windows. Peggy Carlson, 3434 Highway 55, stated that she is in favor of the house being located near her house as long as it is moved in via the field. She added that she would like to see the veranda put back on the front of the house. Senior Planner Ridley indicated that these concerns will be taken into consideration before the route is determined. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Masin seconded a motion to close the public hearing and defer action on the building move permit to relocate a 43' x 27' two-story house and a 24' x 28' detached garage from 3555 Highway 149 to 3432 Highway 55 until the move details are clarified. Aye: 5 Nay: 0 PROJECT 687, FINAL ASSESSMENT HEARING (BISCA YNE AVENUE - STREET & UTILITY IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. He noted that five objections to the assessment were received. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one wishing to speak, he turned the discussion back to the Council. He said that this was an area the City considered rezoning, but at the request of the industrial owners the City did not change the zoning. He added that the owners were required to comply with City standards. Councilmember Blomquist asked how much cost was added to the assessment roll with regard to the administrative legal fees. Director of Public Works Colbert provided the amount of the legal fees. Councilmember A wada moved, Councilmember Wachter seconded a motion to close the public hearing and approve the final assessment roll for Project 687 (Biscayne Avenue) and authorize its certification to Dakota County for collection. Aye: 5 Nay: 0 PROJECT 725, (OAK CHASE 1sT - 6TH ADDITIONS - STREET IMPROVEMENTS) City Administrator Hedges provided an overview on this item. Director of Public Works Colbert gave a staff report. Councilmember Blomquist stated she would be abstaining from participating in the discussion on this item and also on the vote since it involves her neighborhood. Development/Design Engineer Gorder provided further information regarding this project. Mayor Egan opened the public hearing to anyone wishing to speak. Rick Arbour, 4467 Oak Chase Lane, indicated he was the representative for the neighborhood. He distributed a handout which addressed the background and history of the situation, concerns of the residents, the financial impact, alternatives considered by the neighborhood and a recommendation to negotiate the cost to residents and proceed with the reconstruction project. Roger Martin, 4435 Oak Chase Road, said a major concern is that maintenance and repair of the streets was discontinued in 1986. He further said that residents were told at a meeting with staff that the maximum assessment would be $2,400, but now it is much higher. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1997 PAGE 7 00440 Bea Blomquist, 4504 Oak Chase Road, stated that it was believed that the Oak Chase development was developed under the direction of the City's consulting engineers at the time according to City standards. She added that the residents of Oak Chase have paid a lot in taxes. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Masin referenced the design information presented in the handouts and questioned who did the work at the time. Director of Public Works Colbert explained that the original developer was contacted and he then provided the developer's recollection of the situation. Further discussion occurred regarding the lack of City records and maintenance of the streets. Councilmember Awada stated that it is clear the project needs to be done. She noted that the value and cost of the assessment is typically examined at the time of the final assessment hearing. She said the City Council and the residents can work together to determine the assessment amount. Councilmember Wachter moved, Councilmember A wada seconded a motion to close the public hearing and approve Project 725 (Oak Chase Addition - Street Improvements), excluding Oak Chase Way. Aye: 4 Nay: 1 (Councilmember Blomquist abstained) Councilmember Wachter stated that if the bids received are too high the Council may choose to turn them down. Mayor Egan said that this is the latest of several street improvement projects undertaken in the past six to seven years and the City has worked with the residents to keep the appraised amounts as low as possible. He added that he has come to the conclusion that there is something unique to this subdivision. He further added that when streets have not been constructed to City standards the situation must be carefully examined to determine if the residents received the value of the general taxes they have paid. He noted that he will carefully review the bids and will seriously consider the possibility of greater City participation. He stated that there seems to be sufficient justification for deviation from the standard City assessment policy. Director of Public Works Colbert commented that this neighborhood group has been very committed to the improvement and responsible through the informational meetings held by the City and he indicated that staff is committed to working with them. V ARIANCE TO THE BUILDING SETBACK FOR THE FIRE ADMINISTRATION BUILDING City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Mayor Egan opened the public hearing to anyone wishing to speak. Jim Horne, developer of the Kingswood Additions, compared their earlier proposal for an office building with the proposed Fire Administration building. He indicated that the Council did not approve their proposal because they felt the site should be developed as residential. He stated that the new Fire Administration building does not meet the setback requirements and he added that the spruce trees will not screen the building from the residential area. He said that he would hope the City would meet its own standards and deny the application. Councilmember Masin stated that the proposed building is much more improved and attractive than what is currently on the site. Mayor Egan said that the Council is trying to save the taxpayers money by putting the building on a site it already owns. Mr. Horne commented that the present structure is more in keeping with the residential character of the neighborhood. He stated that the proposed building is too large for this limited site. Mayor Egan noted that every use which will occur at the new facility is already occurring at the present facility. He added that the City is trying to upgrade the quality of the EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1997 PAGE 8 00441 building. Councilmember Wachter stated that the City has always strived to keep ambulance service in the center of the City. He further stated that the location of the Fire Administration building on this site is advantageous to the developer in many ways. He noted that since the land is available the City should use it for the new building instead of purchasing more land. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Awada said she has a problem with the two-story nature of the building because it adds to the cost. She further said a one-story building would be more appropriate. She stated that this proposed facility is being squeezed on this site. She commented that the land could be sold to purchase another site. She indicated she would be voting against this item. Councilmember Wachter stated that the size of the building will serve to accommodate future use. Councilmember Masin moved, Councilmember Wachter seconded a motion to close the public hearing and approve a Variance of twenty-six feet for the building setback from the west property line for the proposed fire administration building to be located at 3795 Pilot Knob Road. Councilmember Blomquist stated that originally the City Council had intended to install cable equipment that would service the building and now the cable funds are not being expended for that purpose but rather are being used for the construction of the building. She questioned if the cost should be paid out of the Community Investment fund instead of expending cable fees if the cable equipment is not going to be there. Councilmember Awada stated that if the training space were constructed under ground then the building would only need to be one-story and would not require a variance. She further stated that by granting this variance the City Council will be going against the design standards that everyone else is held to. Mayor Egan said that the building is designed for future use. A vote was taken on the motion. Aye: 3 Nay: 2 (Councilmembers Awada and Blomquist opposed) OLD BUSINESS PRELIMINARY SUBDIVISION & VARIANCE (PINETREE PASS) City Administrator Hedges provided an overview on this item. Director of Parks and Recreation Vraa explained the recommendation made by the APrC at their last meeting on December 15. He also apologized for a statement made by Landscape Architect/Park Planner Lilly that was included in a staff memorandum regarding one of the developer's plans. He discussed three plans that had been developed and the most recent submission made by the developer. He then reviewed the concerns of the APrC for plan number 2 and possible ways to mitigate those concerns. He said that the preferred alternative of the APrC was plan number 2 and they approved this plan by a 5 - 3 vote. He added that Terry Forbord of Lundgren Bros. Construction presented a revised layout plan in response to the APrC's concerns. He stated that there are still some concerns with regard to the grades, but he indicated those concerns have been discussed with the engineer who feels they can make the necessary changes. He further stated that the proposed well location is now located in the open space. Director of Public Works Colbert stated this was an acceptable location for the well. Vraa noted the ballfield location and parking lot interior to the park which would make it more accessible to the soccer field and to the baseball field. He continued noting the trail which proceeds to Thom~s Lane between homes requiring grading or retaining walls to accommodate an accessible grade of up to 5%. He noted that this plan would probably mean that on-street parking would occur by the residents on Thomas Lane. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1997 PAGE 9 OOli""r:v , x":J(.(Y CounciImember Masin inquired about the playground area and the proximity to Cliff Road. Vraa stated that there is sufficient distance, but he added that a fence would have to be installed in the outfield. He explained that with the placement of the playground in this location there is a natural topographic barrier to Cliff Road. Councilmember Blomquist also asked if the majority of the trees will remain. Vraa stated that the majority will remain and those trees in poor condition will be removed. Terry Forbord, representing Lundgren Bros. Construction, thanked staff and the City Administrator for the time and effort they spent in coming up with a plan that Lundgren is also pleased with. He indicated that alternative 3 or 4 is preferred by them. Councilmember Awada commented on the small frontages of the lots on the new plan. Senior Planner Ridley stated that the lot width standard needs to be met at the 30 foot setback. Director of Public Works Colbert stated that the plat as approved with the conceptual park layout may contain some deviations from City Code standards and he questioned if the City Council was granting any variances. Councilmember Awada referenced her previous comments and stated that the City Council was not granting any variances to performance standards. In response to a question, Director of Parks and Recreation Vraa noted that although there may be minor adjustments made in the park plan as shown for grades, he felt it was appropriate for the Council to approve this park plan as part of the subdivision approval so that the neighborhood and new residents of this subdivision understand the relationship between the homes and various park uses. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve 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 % of Section 33, including park concept plan no. 4, and a 2% variance to the maximum 8% cul-de-sac grade 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, B1, B2, B3, B4, C1, C2, C3, Dl, El, Fl, Gl, and HI Tree Preservation 2. To acknowledge that Individual Lot Tree Preservation Plans will be required for the following lots at the time of building permit application: Block Lot 5 10, 11, 12 8 4,5,6,7,8,9, 10, 12, 14 10 1,3,4,5,6,7 3. Tree Protective measures (i.e. 4 foot polyethylene laminate safety netting) shall be required to 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 both initial site development and individual lot development. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16,1997 PAGE 10 00443 4. The applicant shall contact 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 5. The development shall meet water quality treatment requirements entirely through on- site ponding by raising the normal water level of Pond BLP-6 to an elevation of 898 MSL. The pond design, including shaping, clearing/ grubbing, and re-Iaying of pipe, should be approved by the water resources coordinator. 6. If the normal water level of Pond BLP-6 is raised for water quality ponding purposes, the developer should be responsible for modifying the existing inlet and outlet structures and piping to match the new normal water level. Also, the developer should be responsible for the removal of all significant vegetation below the new normal water level of Pond BLP-6. Wetlands 7. Filling or draining of the two jurisdictional wetlands on the site is prohibited. Grading 8. Detailed plans and specifications shall be submitted with the final grading plan covering the proposed retaining walls along Thomas Lake Road. The developer shall install a permanent barrier fence at the top of the retaining walls. 9. The developer should be responsible for installing and maintaining erosion control measures in accordance with the City Erosion/Sediment Control Manual Standards. Well Site 10. The developer shall dedicate an outlot on the final plat with a minimum size of 100" x 100" along the west edge of the property, north of the existing wetland (Pond BLP-57) for acquisition by the City for the well site. The necessary raw water transmission lines to serve the well shall be installed at time of this development. (With the latest revised plan, the well site has been located within the park dedication in the central area of the site). Street/ Access 11. The developer shall be responsible for the removal of the existing street Trenton Lane street stub and restoration of the Trenton Lane right-of-way, including construction of a bituminous trail. 12. A sidewalk connection shall be provided between the proposed trail within the Trenton Lane right-of-way and the park area in the northeast corner of the development and also along the north side of Covington Lane from Thomas Lake Road to the west edge of the development. 13. The public right-of-way width dedicated on the final plat shall be a minimum of 65 feet over all streets with sidewalks. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1997 PAGE II 004,t4 Easements 14. Drainage and utility easements shall be provided over the existing sanitary and storm sewer lines to a width of two times the depth of the pipes twenty feet deep and less. All pipes which are more than twenty feet deep shall be covered with twenty-foot wide drainage and utility easements. 15. Street easement shall be obtained by the developer for the necessary temporary turnaround cul-de-sacs of Pinetree Trail and Pinetree Pass on Outlot A, Walden Heights Addition. Land Use 16. The City should initiate a Comprehensive Guide Plan Amendment and a Rezoning to bring the proposed parkland dedication into conformance with the City Code. Homeowners Association 17. A copy of the Homeowners' Association Restrictions and Covenants shall be supplied to the City with the final subdivision. Plat 18. The property must be platted. 19. The applicant shall convey "Outlot C" to the City free and clear of all encumbrances and shall be responsible to record the conveyance with the plat. 20. The applicant shall convey Outlots A, B, and D to the Homeowners Association with the filing of the plat. Aye: 5 Nay: 0 CERTIFICATION OF 1998 PROPERTY TAX LEVY, INCLUDING CITY, TRANSIT AND SPECIAL SERVICES DISTRICT 97-106.1 City Administrator Hedges provided an overview on this item. Councilmember Wachter moved, Councilmember A wada seconded a motion to approve the resolution certifying the 1998 Payable Property Tax Levy. Councilmember Blomquist stated she has been concerned about the budget. She said she feels that some improvements have been made, but she added she would like to see some changes in the areas of licenses, permits, service charges, streets and highways. She indicated she was voting no on this item with hopes that next year the City Council will continue to work on these areas and improve them. A vote was taken on the motion. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) APPROV AL OF 1998 GENERAL FUND BUDGET AND 1998 ENTERPRISE FUND BUDGETS, INCLUDING WATER, SANITARY SEWER, STREETLIGHTING, STORM DRAINAGF/WATER QUALITY AND CIVIC ARENA City Administrator Hedges provided an overview on this item. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1997 PAGE 12 00445 Councilmember Awada moved, Councilmember Wachter seconded a motion to approve the 1998 General Fund Budget and 1998 Enterprise Fund Budgets including Water, Sanitary Sewer, Streetlighting, Storm Drainage/Water Quality and Civic Arena. Aye: 5 Nay: 0 APPROVAL OF 1998-2002 CAPITAL IMPROVEMENT PROGRAM City Administrator Hedges provided an overview on this item. Councilmember Blomquist said she is concerned that no dollar amount is specified for Part I expenditures in 1998 with regard to the swimming pool and indicated she would be voting against this item. She further said she is concerned about the amount of money to be expended from the Community Investment Fund. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve the 1998-2002 Capital Improvement Program as presented. Aye: 4 Nay: 1 (Councilmember Blomquist opposed) Councilmember Awada stated that with regard to Part II she feels this is what the City Council should do and she hopes that future Councils will follow this lead. NEW'BUSINESS BURNSVILLF/EAGAN TELECOMMUNICATIONS COMMISSION 1998 GENERAL BUDGET City Administrator Hedges provided an overview on this item. Councilmember Awada moved, Councilmember Masin seconded a motion to approve the 1998 Burnsville/Eagan Telecommunications Commission budget. Aye: 5 Nay: 0 INITIATION OF A REQUEST FOR SPECIAL LEGISLATION ALLOWING AN INCREASE TO THE NUMBER OF ON-SALE LIQUOR LICENSES AVAILABLE TO BE ISSUED City Administrator Hedges provided an overview on this item. He noted that a letter was submitted by Al Baker requesting this item be continued to the January 6, 1998 City Council meeting. Councilmember Masin moved, Councilmember Wachter seconded a motion to consider a continuance of this item to the January 6, 1998 City Council meeting. Aye: 4 Nay: 1 (Councilmember Awada opposed) Councilmember Awada stated that she did not feel this item should be continued, but rather it should be approved by the City Council. ORDINANCE AMENDMENT - CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.03 BY ADDING THE DEFINITION OF ADULT ESTABLISHMENT AND BY AMENDING SECTION 11.20 REGARDING ADULT ESTABLISHMENT AS A PERMITTED USE IN LIMITED INDUSTRIAL, RESEARCH AND DEVELOPMENT AND BUSINESS PARK DISTRICTS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99 97-107 City Administrator Hedges provided an overview on this item and the following item concurrently. Councilmember Masin stated that the these activities cannot be banned from the City, but she added that the City Council has tried to locate them in areas where they are least obtrusive. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1997 PAGE 13 00446 Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve an Ordinance Amendment to Chapter 11 entitled "Land Use Regulations (Zoning)" by amending Section 11.03 by adding the definition of adult establishment and by amending Section 11.20 regarding adult establishment as a permitted use in Limited Industrial, Research and Development, and Business Park districts, and by adopting by reference Eagan City Code Chapter 1 and Section 11.99, and to approve a resolution authorizing publication of a summary ordinance. Aye: 5 Nay: 0 ORDINANCE AMENDMENT - CHAPTER 6 ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY ADDING SECTION 6.49 REGARDING ADULT ESTABLISHMENTS 97-108 This item was introduced and considered with the preceding item. Councilmember Awada moved, Councilmember Wachter seconded a motion to approve an ordinance amendment to Chapter 6 entitled "Other Business Regulation and Licensing" by adding Section 6.49 regarding Adult Establishments and to approve the resolution authorizing publication of a summary of the ordinance. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION - JON PAUL HERBST (CAIN ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. He noted that a letter was received following the public hearing from a neighbor opposed to the subdivision of the property. Mayor Egan stated that the proposed subdivision is small and is located in an area of larger lots. He said that this subdivision consists of two lots on less than two-thirds of an acre. He added that if everyone who owns .6 acres requested two lots, technically they would be circumventing the City's ordinance. He asked the City Attorney if this request meets the letter of the City Code, Comprehensive Guide and City ordinances. City Attorney Sheldon stated that each subdivision has to meet the zoning and comprehensive guide plan requirements. Mayor Egan said that this proposal does not meet the 0-3 units per acre because two lots are on less than two-thirds of an acre and technically this subdivision is more dense. He further said he is concerned about establishing this precedent. Carol Hills, 2880 Sibley Hills Drive, stated that all homes in this area are set way back from Sibley Hills Drive. She added that if Mr. Herbst is allowed to subdivide the lot the house will sit in front of every house on the street.. She questioned the elevation and whether the drainage could affect her property . Jon Paul Herbst, applicant, stated that this lot could be accessed from Skyline Drive or Sibley Hills Drive. He said he has agreed to plant shrubs and which will screen the property. Councilmember Awada asked if the access could be limited to Skyline Drive. City Attorney Sheldon indicated that the City Council could designate that a safety/welfare problem exists and require access restriction onto Sibley Hills Drive. Councilmember Masin said this will change how the whole area looks. Councilmember Wachter stated that he did not feel the subdivision should be allowed. Mayor Egan commented that if the City Council approves this request it will be setting an adverse precedent. Mr. Herbst said that the house is more characteristic of the neighborhood along Skyline Drive versus the neighborhood along Sibley Hills Drive. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16,1997 PAGE 14 00447 Further discussion occurred regarding the potential locations and orientation for the house. Mayor Egan stated that this would be like putting a second house in someone's front yard and he again indicated he is concerned about the precedent this will set. He added that this request violates the spirit and letter of the City Code and the Comprehensive Guide Plan by exceeding 0-3 units per acre, the effective result of this would be to have a setback much closer to Skyline Drive than the other houses surrounding it and it would be incompatible with the surrounding area. Councilmember Wachter moved, Mayor Egan seconded a motion to deny a Preliminary Subdivision (Cain Addition) for 2 lots located on approximately .6 acres, west of Sibley Hills Drive, north of Skyline Drive, and east of Rustic Hills Drive in the NE 1/4 of Section 33 and directed the preparation of findings for denial for the January 6,1998 City Council meeting. Aye: 5 Nay: 0 PRELIMINARY DEVELOPMENT AMENDMENT & PRELIMINARY SUBDIVISION - RAHN RIDGE ASSOCIATES (RAHN RIDGE 3RD ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Emmett Erpelding, General Partner-Holiday Inn Express & Suites, indicated that they need additional parking for the park and fly operation. He explained the proposed operation and said he thinks it will be a great complement to the two hotels. He stated that only hotel guests would be able to park their cars in the park and fly lot and be shuttled to the airport. Mayor Egan commented that the two hotels have 24-hour security. Councilmember Wachter moved, Councilmember Awada seconded a motion to approve a Preliminary Subdivision (Rahn Ridge Third Addition) consisting of two lots on 2.42 acres currently platted as lot 2, Block 1, Rahn Ridge Second 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: AI, Bl, C1, C2, C4, Dl, and E1. 2. The property shall be platted. Easements 3. A joint parking easement is required between a) proposed Lots 1 and 2, and b) proposed Lot 2, and the Hilton and Holiday Inn properties. A joint access easement shall also be provided between proposed Lots 1 and 2, Rahn Ridge 3rd Addition and Lot 1, Block 1, Rahn ridge 2nd Addition. These easements shall be submitted to the city attorney for review and approval prior to final subdivision approval and shall be recorded with the plat. Parks and Recreation 4. Water quality mitigation shall be met through a cash dedication in lieu of on-site ponding. 5. Parks and trails dedications shall be fulfilled through a cash dedication. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1997 PAGE 15 00448 Councilmember Wachter moved, Councilmember Awada seconded a motion to allow a 13,248 square foot office building on proposed Lot 1 and off-site off-street parking as a principal use on proposed Lot 2, Block 1, Rahn Ridge Third Addition. Approval of the Planned Development Amendment will create a new Preliminary Planned Development for both Lots 1 and 2 subject to the following conditions: 1. A Preliminary Planned Development Agreement shall be executed prior to final subdivision approval. The Agreement shall be recorded at the County Recorder's office with the plat. 2. The term of the Preliminary Planned Development shall be five years. 3. The following exhibits are required for the Planned Development Agreements: Preliminary Planned Development: Preliminary Site Plan Preliminary Landscape Plan Preliminary Building Elevations Final Planned Development: Final Site Plan Final Landscape Plan Final Building Elevations Final Site Lighting Plan 4. All building, parking/ drive aisles, and landscaped areas shall be properly maintained. 5. A joint parking easement is required between a) proposed Lots 1 and 2, and b) proposed Lot 2, and the Hilton and Holiday Inn properties. A joint access easement shall also be provided between proposed Lots 1 and 2, Rahn Ridge 3rd Addition and lot 1, Block 1, Rahn Ridge 2nd Addition. These easements shall be submitted to the city attorney for review and approval prior to final subdivision approval and shall be recorded with the plat. Trash Enclosure 6. All trash/ recycling containers shall be stored within the principal buildings or shall be within an enclosure attached to the principal structure, consistent with City Code requirements. Landscaping 7. Prior to final subdivision approval, the landscape plan shall be revised to include grading contours. Architecture/Building Elevations 8. The office building on Lot 1, Block 1, Rahn Ridge 3rd addition shall be constructed with exterior materials of brick and asphalt shingles with a gable roof. The exterior materials shall be compatible with that of the existing office building on Lot 1, Block 1, Rahn Ridge 2nd Addition. Signage 9. One ground sign not exceeding seven feet in height is allowed for Lot 1. All signage shall comply with City Sign Code provisions for location, size, setbacks and height. EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16,1997 PAGE 16 00449 Lighting 10. A detailed site lighting plan including photometrics shall be submitted prior to Final Planned Development approval. For security reasons, lighting shall not be less than one footcandle throughout the parking lot. Parking lot light fixtures shall be shielded and directed away from adjacent property. Aye: 5 Nay: 0 PLANNED DEVELOPMENT AMENDMENT & PRELIMINARY SUBDIVISION CENTRES GROUP EAGAN (PARK CENTER SIXTH ADDITION) City Administrator Hedges provided an overview on this item. Senior Planner Ridley gave a staff report. Kaare Birkland, partner in Centres Group, provided background on why this site was chosen and explained that it was a good mix with the other retail in the area. He said that two major concerns have been raised with regard to traffic and parking. He further explained that the owners of Regal Cinema want to have sufficient parking on site. He added that the parking ratio of 1 space for each 4 seats is sufficient. He noted that turnover at the cinema will be staggered. John Payton, Westwood Professional Group, discussed the site plan and design configurations, Jack Amdahl, KKE Architects, discussed the building materials, and Mr. Birkland discussed the interior of the building and noted that the 60 foot marquis is important for their facility. Michael Supina, 1656 Sherwood Way, said this use is too dense for this site and traffic is a concern. He added that the proposal does not meet the parking ratio. He further added that a smaller theater would better suit the neighborhood. Martin Colon, property owner, stated that the original Planned Development allowed 85,000 square feet of retail. He said this building will only be 65,000 square feet. He noted that the 4:1 parking ratio has been proven to adequately meet the parking needs at the Mann Theater in Town Centre. He further noted that this is an ideal use for this area. He stated that the peak usage is not in conflict with other peak traffic times. He agreed that the developer should get a written agreement with the Dakota County HRA to lease or purchase the neighboring land for additional parking. He commented that this use will help out the retail and will serve to revitalize the area. Councilmember Awada stated that she voted against the Mann Theater located at Town Centre because of the configuration of the parking. She noted that this cinema will have plenty of parking and will be in the correct location. She said the other issue is with the height of the marquis. Mr. Birkland said they would be willing to minimize the size of the sign area if they are allowed to construct a 60 foot marquis. Mayor Egan stated that he feels this use will revitalize the area. He indicated that he did not have a problem with the proposed parking for the site. Councilmember Masin noted that the City Code requires a 3:1 parking ratio. She stated that it is important that the extra 80 parking spaces be provided. Senior Planner Ridley explained that there is a condition of approval which requires the developer to purchase or lease the HRA property for additional parking.p Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Preliminary Subdivision (Park Center 6th Addition) for one lot located on approximately 10 acres located EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1997 PAGE 17 00450 north of Cliff Road, and west of Cliff Lake Road in the SE l/4 of Section 30 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: A1, Bl, B2, B3, Cl, C2, C4, Dl, E1, F1, and HI Platting 2. The property shall be platted. Water Ouality 3. A cash dedication in lieu of on-site ponding will be required to meet its water quality dedication. Tree Preservation 4. The applicant shall fulfill tree preservation mitigation by providing contractual installation of 42 category B trees (or an equivalent number of category A or C trees) into a nearby park per city staff prepared landscape plan specifications. Installation to occur spring 1998. 5. A tree preservation plan shall be submitted and approved by staff if additional tree removal occurs for development related to the proof of parking area. Landscaping 6. All plant material should meet minimum size requirements. 7. The landscape plan should be revised to show additional landscaping along Cliff Road and Cliff Lake Road and a reduced and varied plant material mixture in the extreme northwest corner of the site. 8. A three-foot high landscape berm shall be constructed within the parking setback areas along Cliff Road and Cliff Lake Road to screen the parking lot for the development. Grading 9. The proposed retaining wall shall be located at the north property line at the edge of the drainage and utility easements. Easements 10. The developer shall provide a public sidewalk easement for the revised sidewalk alignment in the northeast corner of the development. Aye: 5 Nay: 0 Councilmember Awada moved, Councilmember Blomquist seconded a motion to approve a Planned Development Amendment to change the existing planned development from retail to a 16 screen, 3,212 seat movie theater located on proposed Lot 1, Block 1, Park Center Sth Addition, north of Cliff Road, and west of Cliff Lake Road in the SE % of Section 30 subject to the following conditions: EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1997 PAGElS Agreement 00451 1. The parties shall execute a written planned development amendment. Signage 2. The pylon sign shall be located 230' from Park Center Drive as originally shown on Exhibit B of the Park Center Pylon Sign Agreement dated September 18, 1990. The pylon sign shall identify Regal Cinema only and the sign face shall not exceed 50 square feet. Final Planned Development 3. The following plans are required at the time of final planned development: a. Final Site Plan b. Final Landscape Plan c. Final Signage Plan d. Final Building Elevation Plans e. Final Lighting Plan 4. All trail and sidewalk segments located within the parking lot should be striped and painted. 5. The developer shall provide a written agreement between the HRA and the developer to ensure that the parking is available. This document shall be submitted for review and approval of the City attorney prior to the City taking action on the Final Subdivision or Final Planned Development. Aye: 5 Nay: 0 J;EGISLATIVF/ImER(:;OYERNMEN'fMAFFA.IRS City Administrator Hedges asked for direction regarding membership in the National League of Cities. Councilmember Masin moved, Councilmember Blomquist seconded a motion to schedule the NLC membership as a consent item on the January 6, 1998 City Council agenda. Aye: 5 Nay: 0 Councilmember Blomquist noted that there are many valuable workshops at the NLC Conference and it is important for the City Council to attend. City Administrator Hedges mentioned that there will be a Dakota County League of Governments meeting on December 17. kDMtNISTRATIVE AGENDA CONSIDERATION TO RETAIN THE SERVICES OF INGRAHAM & VOSS City Administrator Hedges provided an overview on this item. Councilmember Blomquist moved, Councilmember Wachter seconded a motion to approve the proposal from Ingraham & Voss to provide consultant services for the City of Eagan's Comprehensive Plan update and set the budget up to $33,000 for the Comprehensive Guide Plan update process to be funded from the General Fund Contingency. Aye: 5 Nay: 0 EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1997 PAGE 19 00452 lOUNDTABLE City Administrator Hedges referenced a letter submitted by the Chamber of Commerce indicating they would be willing to host an informational forum for the business community regarding the adult use ordinance. Councilmember Wachter commented on new signal lights that he became aware of at the NLC Conference. He said the red light bulb only draws 15 watts of energy and the City of Philadelphia recently saved a large amount of money. He also commented that rent is received on all electric poles located in the City of Philadelphia. He stated that he would like the City of Eagan to check into this further. He noted that he would like to know who holds the money that is collected for fiscal disparities and who gets the interest money and the City Administrator was directed to check into this matter. Councilmember Awada stated that an open house will be held at her company in Eagan December 19. Councilmember Masin commented that at the Burnsville City Council meetings the Mayor sits at the end of the dais. She said the reason for this seating arrangement is so that the Mayor can see the rest of the City Council. Mayor Egan stated that he does not feel this seating arrangement works well. Councilmember Masin added that it would be nice to have a list of activities and organizations City Councilmember and staff are involved with. Councilmember Blomquist commented on the census and said that the City could conduct one in partnership with the Census Bureau. She stated that it is important that the City retain the best information available to help qualify for certain funding or programs. She said it is important to inform the public that a census will be conducted. She mentioned that she attended an interesting work session at the NLC Conference on the economic value of an airport to a city. She stated that the people of Oak Chase 6th Addition raised a concern with regard to the minutes of the informational meeting. She said that statements 4 and 18 in the minutes seem to contradict themselves. She added that problems with the structure of Oak Chase Way have been detected and she said the residents are concerned that this street has not had any maintenance and are questioning what can be done to help extend the life expectancy of the road. Director of Public Works Colbert said he was not sure why the residents feel Oak Chase Way is in poor condition. He stated that the minutes reflect a question that was addressed by the residents assuming the street was in poor condition. He further stated that the pavement evaluation indicated the road is in good condition. He added that staff will check the maintenance history and re-evaluate the condition of the road. He asked for clarification if the City Council intended to delete Oak Chase Way from Project 725. Councilmembers concurred that they intended for Oak Chase Way to be deleted. Councilmember Blomquist requested that Director of Public Works Colbert get the information to her as soon as possible and a letter be sent to the residents on Oak Chase Way explaining the situation. (:HECK REGISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated December 12, 1997 in the amount of $1,373,502.80. Aye: 5 Nay: 0 !iDJOURNMENT The meeting adjourned at 10:50 p.m. MLK EAGAN CITY COUNCIL MEETING MINUTES; DECEMBER 16, 1997 PAGE 20 December 16, 1997 Date 00453 If you need these minutes in an alternative form such as large print, Braille, dio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (fDD 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. TOBACCO LICENSES Amoco Oil #2375 1424 Yankee Doodle Rd. Eagan, MN 55121 Big Top Liquors 3900 Beau De Rue Dr. Eagan, MN 55122 Blackhawk Liquors, Inc. 4130 Blackhawk Rd., #100 Eagan, MN 55122 Casper's Cherokee Sirloin Room 4625 Nicols Rd. Eagan, MN 5512 Cedarvale Texaco Food Mart 3830 Sibley Memorial Hwy. Eagan, MN 55122 Cellars Wine & Spirits 2113 Cliff Lake Rd. Eagan, MN 55122 Diamond T Ranch 4889 Pilot Knob Rd. Eagan, MN 55122 Eagan E-Z Stop 4195 Nicols Rd. Eagan, MN 55122 Oasis Market #594 1286 Lone Oak Rd. Eagan, MN 55121 Oasis Market #576 3150 Dodd Rd. Eagan, MN 55121 Applebee's Neighborhood Bar/Grill 1335 Town Centre Drive Eagan, MN 55122 Big top Wine & Spirits 1282 Town Centre Dr. Eagan, MN 55123 Byerly's 1299 Promenade Place Eagan, MN 55121 Cedar Cliff Amoco 4600 Slater Rd. Eagan, MN 55122 Cedarvale Lanes 3883 Beau De Rue Dr. Eagan, MN 55122 Cub Foods 1940 Cliff Lake Rd. Eagan, MN 55122 Duckwood 66 #27536 3575 Pilot Knob Rd. Eagan, MN 55122 Eagan Amoco 4205 Nicols Rd. Eagan, MN 55122 Oasis Market #518 3390 Coachman Rd. Eagan, MN 55121 Oasis Market #590 4250 Lexington Ave. Eagan, MN 55121 00454 O( ~ 455 Green Mill Restaurant Great Northern Spirits 1940 Rahncliff Ct. 1970 Cliff Lake Rd., #101 Eagan, MN 55123 Eagan, MN 55122 Holiday Station Store #232 Holiday Station Store #68 4594 Nicols Rd. 1065 Diffley Rd. Eagan, MN 5512 Eagan, MN 55122 Holiday Station Store #247 1. Doolittles 3615 Pilot Knob Rd. 2140 Cliff Rd. Eagan, MN 55122 Eagan, MN 55122 E&M Liquor LaFonda's 1444 Yankee Doodle Rd. 3665 Sibley Memorial Hwy. Eagan, MN 55121 Eagan, MN 55122 Lanxang Oriental Grocery Liquor Shoppe 3904 Beau De Rue Dr. 4250 Lexington Ave. Eagan, MN 55122 55123 Lost Spur Country Club McG's 2750 Sibley Memorial Hwy. 1969 Silver Bell Rd. Eagan, MN 55121 Eagan, MN 55122 MGM Liquor Warehouse PDQ #214 4182 Pilot Knob Rd. 4198 Pilot Knob Rd. Eagan, MN 55123 Eagan, MN 55123 Rainbow Foods Silver Bell Liquor 1276 Town Centre Dr. 1983 Silver Bell Rd. Eagan, MN 55123 Eagan, MN 55122 Rudy's Sinclair Snyder's Drug Store #32 3946 Nicols Rd. 3914 Sibley Memorial Hwy. Eagan, MN 55122 Eagan, MN 55122 Snyder Drug Store #61 Stark's Saloon 1565 Cliff Rd. 3125 Dodd Rd. Eagan, MN 55122 Eagan, MN 55121 Stuart Anderson's Cattle Co. Super America #4049 1288 Promenade PI. 4200 E. Hwy. 13 Eagan, MN 55121 Eagan, MN 55122 00456 Super America #4182 Super America #4335 1406 Yankee Doodle Rd. 1379 Town Centre Dr. Eagan, MN 55121 Eagan, MN 55123 Super America #4464 Texaco Superstore 2250 ClifTRd. 1579 ClifTRd. Eagan, MN 55122 Eagan, MN 55122 Tobacco Warehouse Tobak Shack 2149 ClifTRd. 3950 Sibley Memorial Hwy. Eagan, MN 55122 Eagan, MN 55122 Tom Thumb #166 Tom Thumb #273 1446 Yankee Doodle Rd. 1815 Diffley Rd. Eagan, MN 55121 Eagan, MN 55122 Total Total 4206 Nicols Rd. 2000 RahncliffRd. Eagan, MN 55122 Eagan, MN 55122 Valley Lounge WalMart #1786 3385 Sibley Memorial Hwy. 1350 Town Centre Dr. Eagan, MN 55122 Eagan, MN 55121 Walgreens Walgreens 1278 Town Centre Dr. 2010 ClifTRd. Eagan, MN 55123 Eagan, MN 55122 Byerly's Wines & Spirits Jensen's Supper Club 1299 Promenade PI. 3840 Sibley Memorial Hwy. Eagan, MN 55121 Eagan, MN 55122