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11/19/1996 - City Council Regular MINUTES OF A REGULAR MEETING OF THE 00402 • EAGAN CITY COUNCIL Eagan, Minnesota November 19, 1996 A regular meeting of the Eagan City Council was held on Tuesday, November 19, 1996 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Hunter. Also present were City Administrator Tom Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. Boy Scout Troop 446 rang the bell in the Council Chambers and led the Pledge of Allegiance. Councilmember Awada moved, Councilmember Wachter seconded a motion to adopt the agenda as presented. Aye: 5 Nay: 0 ,i!i/,♦ - 2i: 0,-G .. r' /mod': %i; i. 7i: Councilmember Hunter moved,Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: f5 Nay: 0 igAWAT City Administrator Hedges noted that there were some staff comments that will be incorporated into the minutes. 4111 Councilmember Wachter stated that he was not present at the November 7 meeting and he had some comments he wanted to make about some items discussed at that meeting. He said he would like the Council to be careful in the number of liquor licenses that are issued. He also said that in regard to the Enterprise Fund, he is in favor of summer ice time. He mentioned that the reservoir in the southeast corner of the City should not be discussed until it is determined what will be done in that location in regard to Inver Grove Heights. He stated he would have some questions later on regarding the availability of GIS. He also questioned if the City had received confirmation on Cliff Road reconstruction in regard to the Eagan portion of the Dakota County CIP. Director of Public Works Colbert stated it is scheduled for reconstruction in 1998. Councilmember Hunter moved, Councilmember Awada seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 PRESENTATION OF 1997 MARKETING PLAN AND BUDGET EAGAN CONVENTION AND VISITORS BUREAU City Administrator Hedges gave an overview on this item. He commended Ann Carlon for her work and the success of the Convention and Visitors Bureau. Ann Carlon, Executive Director of the Eagan Convention and Visitors Bureau, presented the 1997 Marketing Plan and Budget for the CVB to the City Council. She stated the previous goals of the CVB included making Eagan known and she further stated that next year their goal will be to increase awareness of corporate local usage of Eagan hospitality. She added that they are looking at putting some packages together with Northwest, Mystic Lake, the Mall of America and the Minnesota Zoo. She said their EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 00403 • PAGE2 offices are going to be relocated to the Yankee Doodle Shoppes later this week. Mayor Egan noted that corporate travelers account for 70% of the occupancy rate. He asked how that percentage would impact the study to be conducted by the City and the CVB regarding the feasibility of a full-service convention center. Ms. Carlon said that needs to be determined. She mentioned the competition Eagan faces with Bloomington. She further said that they want to keep the current hotels viable and the rooms filled. She stated that another hotel will be coming to the City in February and the study needs to be conducted to determine the impacts on the current hotels. She added that they may look at the possibility of a convention center in the City. She noted that Royal Cliff seats 500 people for conferences, but there are no hotel rooms located on the site. Councilmember Wachter commended the CVB on the growth they have had the past year. Councilmembers concurred. Councilmember Hunter asked if a Web page had been put together and if it had been done in conjunction with the school. Ms. Carlon stated they have been on the Internet for the past year and a half and they were linked with the school Web page earlier this past year. Councilmember Hunter added that he hopes the City, CVB and school will coordinate efforts when the City links to the Internet. Councilmember Awada moved, Councilmember Hunter seconded a motion to approve the Eagan Convention & Visitors Bureau's 1997 marketing plan and budget. Aye: 5 Nay: 0 Councilmember Wachter asked if the Eagan patrol officers have laptop computers. City Administrator Hedges noted that they use an MDT unit, which allows them to access information from the Bureau of Criminal Apprehension. Councilmember Masin noted that a letter of appreciation had been sent to all the staff involved in the voting effort. She stated that the community did a tremendous job and staff is to be commended. She mentioned that there were voting booths available in the Community Room at City Hall a number of weeks prior to the election. City Administrator Hedges noted that Director of Parks and Recreation Ken Vraa and Superintendent of Recreation Dorothy Peterson will be recognized on December 6 by the Minnesota Recreation and Park Association as recipients of two high-ranking awards. He said Mr. Vraa will receive the Clifton E. French Distinguished Service award which recognizes long and outstanding service to the field of MRPA and Ms. Peterson will receive the Dorothea Nelson award which recognizes professional experience and outstanding service in recreation, park and leisure service. Mayor Egan asked Hedges to commend both of them for their individual awards. In regard to Item K, Final Planned Development - Eagan Promenade Phase II, Councilmember Wachter asked if the contractor had submitted state form IC-134. City Administrator Hedges indicated the form had been submitted. In regard to Item B, Classification of tax forfeited property,Councilmember Hunter noted that of the tax forfeited property listed there are 20 acres in the Town Centre Shopping Center that were originally proposed for office use. He stated the Council's action tonight is to declare those acres as not having a public purpose and to declare them as non-conservation land. He asked what declaring them as non- conservation land means. City Administrator Hedges clarified that the term conservation, in this sense, means conserved for public purposes and declaring the land non-conservation means not conserving it for public purposes. He added that the Dakota County HRA has made claim to two of the parcels listed for the possibility of senior housing. Councilmember Awada asked if the Parks Department had looked at 1110 either of the sites for a central park. Councilmember Hunter stated the problem with this site is that an amphitheater could not be located there due to the close proximity of the residential area to the south nor 00404 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 3 could the fireworks be conducted there for the same reason. He added that the site is long and narrow. Discussion occurred regarding the potential of parcels 6 and 7 being considered for a central park. City Administrator Hedges stated that, if the HRA is successful in acquiring parcels 6 and 7, and if the City Council felt this land was better suited for park land instead of senior housing, the Council would have input into that determination. He noted that the Council's action is separate from the HRA's action. He said the HRA has already made a claim to those two parcels. In regard to Item I, Recommendation. Airport Relations Commission. Metropolitan Council Aviation Development Guide Amendment,and Item J, Recommendation.Airport Relations Commission.Metropolitan Airports Commission 1997-2003 Capital Improvement Program. Mayor Egan thanked Mike Schlax for being present in the audience and noted all that has occurred this past year in regard to airport relations issues. He commended Mr. Schlax and the entire Advisory Airport Relations Commission for their hard work and recommendations. He also thanked Assistant to City Administrator Jon Hohenstein for his involvement in the process. A. Personnel Items Item 1. For information only; no action required. The Undergraduate Intern for the Parks & Recreation Department is Benjamin Duvick. B. Classification of tax forfeited property. It was recommended to declare parcel 10-22451-042-01 as having public purpose and to request acquisition of that parcel and to declare the following parcels as non- conservation land:10-33050-071-01,10-33050-083-01, 10-65903-021-00,10-65903-031-00,10-77055-010- 00 and 10-77055-011-00. C. Liquor License Renewals. It was recommended to approve the renewals of existing liquor licenses for 1997 subject to complete applications, payment of fees and Police Department review as attached in Exhibit A. Hoban Korean Restaurant's liquor license was renewed with the condition that if any further liquor violations or Part I Crimes occur at either Do Re Me or Hoban Korean Restaurant, it will result in either a suspension or termination of the liquor license. D. Hauler License for construction/demolition debris-Ben's Roll-off Service. Lloyd's Construction Services and Mendota Heights Rubbish Service. It was recommended to approve construction and demolition debris hauler licenses through the end of 1997 for Ben's Roll-Off Service, Lloyd's Construction Services and Mendota Heights Rubbish Service as presented. E. Tobacco License for Byerly's Wines&Spirits. 1299 Promenade Place. It was recommended to approve a tobacco license for Byerly's Wines & Spirits at 1299 Promenade Place as presented. F. Contract 96-01. Approve change order #2 (Eagandale Corporate Center - Storm Sewer), It was recommended to approve Change Order No. 2 to Contract 96-01 (Eagandale Corporate Center Addition - Storm Sewer) and authorize the Mayor and City Clerk to execute all related documents. 96.106 G. Final Subdivision. Appro Development Inc. (Tan Me Industrial Park). It was recommended to approve a Final Subdivision of 3 lots on 6.70 acres for Tan Me Industrial Park located on Lot 7, Block 1, Sibley Terminal Industrial Park west of Terminal Drive in the SE 1/4 of Section 8. H. Final Acceptance. Municipal Center construction project. City Hall building. It was recommended to approve final acceptance of the City Hall building portion of the Municipal Center construction project. I. Recommendation. Airport Relations Commission. Metropolitan Council Aviation Development Guide 0040 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 • PAGE 4 Amendment. It was recommended to approve a recommendation by the Airport Relations Commission for comments to be submitted to the Metropolitan Council concerning the Aviation Development Guide Amendment as presented. J. Recommendation. Airport Relations Commission. Metropolitan Airports Commission 1997-2003 Capital Improvement Program. It was recommended to approve a recommendation by the Airport Relations Commission for comments to be submitted to the Metropolitan Airports Commission concerning its 1997- 2002 Capital Improvement Program as presented. K. Contract 96-9. Blackhawk Park Pavilion. It was recommended to approve final payment to Thor Construction and acknowledge completion of Contract 96-9 for the construction of Blackhawk Park Shelter/Pavilion building. L. Final Planned Development - Eagan Promenade Phase II. It was recommended to approve a Final Planned Development to allow construction of Eagan Promenade Phase 2(east end of the in-line shopping center) consisting of three storefronts on Lot 8, Block 2, Eagan Promenade. M. Final Planned Development - Eagan Promenade Phase III. It was recommended to approve a Final Planned Development to allow construction of Eagan Promenade Phase III (The Shoppes at Promenade) consisting of a 25,638 s.f. retail building/restaurant on Lot 1, Block 3, Eagan Promenade. Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the consent agenda. Aye: 5 Nay: 0 �14, 00/0 CERTIFICATION OF DELINQUENT WEED CUTTING, TREE REMOVAL & FALSE ALARM BILLS City Administrator Hedges gave an overview on this item. 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. Councilmember Wachter noted that some of the individual bills are quite high. Councilmember Awada moved, Councilmember Wachter seconded a motion to close the public hearing and approve the final assessment roll for delinquent weed cutting, tree removal and false alarm bills and authorize its certification to Dakota County. Aye: 5 Nay: 0 PROJECT 701, FINAL ASSESSMENT HEARING (SO. HILLS ADD. - STREET REHABILITATION) City Administrator Hedges gave an overview on this item. Director of Public Works Colbert gave a staff report. 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. Councilmember Wachter moved, Councilmember Masin seconded a motion to close the public hearing and approve the final assessment roll for Project 701 (S. Hills Addition - Street Rehabilitation) and authorize its certification to Dakota County. Aye: 5 Nay: 0 00406 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 • PAGE 5 PROJECT 706, FINAL ASSESSMENT HEARING (WILDERNESS RUN ROAD -STREET REHABILITATION) City Administrator Hedges gave an overview on this item. Director of Public Works Colbert gave a staff report. 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. Councilmember Hunter asked why the final rates were so much less than the costs in the feasibility report. Colbert stated the feasibility report estimated more subsoil correction and draintile than was needed and good bids were also received. Councilmember Hunter moved, Councilmember Masin seconded a motion to close the public hearing and approve the final assessment roll for Project 706(Wilderness Run Road-Street Rehabilitation) and authorize certification to Dakota County. Aye: 5 Nay: 0 PROJECT 636R, FINAL ASSESSMENT HEARING (POPPLER LANE - STREETS) City Administrator Hedges gave an overview on this item. He noted that a letter was distributed to the City Council from Lawrence Poppler that indicated three written objections were being submitted. Mayor Egan noted that no one from the Poppler family was present in the audience. Assistant City Engineer Mike Foertsch stated that Mr. Poppler requested the item be delayed until later in the meeting when another family member was present. Councilmember Hunter moved, Councilmember Masin seconded a motion to table the item to later in the meeting. Aye: 5 Nay: 0 411 AMENDMENT, CITY CODE CHAPTER 7.05, REQUIRING THE REMOVAL OF SNOW FROM DESIGNATED SIDEWALKS BY ADJACENT PROPERTY OWNERS City Administrator Hedges gave an overview on this item. Councilmember Hunter asked for clarification regarding the ice issue. City Attorney Sheldon stated that the only place in the ordinance where ice was left in was Section B which states snow and ice are not allowed to be placed in the public right-of-way. Councilmember Hunter said that paragraph A (1) states that all snow shall be removed and there is no reference to the removal of ice. Sikandar Bashir, 4332 Dorchester Court, addressed the Council and said they live on the corner where there is a bus stop. He stated they would have to clear their side street which is approximately 200 feet long and it would be quite a problem to clear that length of sidewalk. Mayor Egan asked if it would be appropriate to include the sidewalk in the School District's jurisdiction. Director of Public Works Colbert noted that the School District will not maintain sidewalks beyond their walking boundaries/property lines. Sue Cowpa, resident, addressed the Council and asked who will maintain the easement between 3911 and 3923 Denmark Avenue. Hedges noted that the City will maintain the sidewalk adjacent to the easement. Ms. Cowpa asked if the path to the school will be cleared also. Colbert stated the path from Denmark Avenue and Wescott Road to the school is maintained by the school. Ms. Cowpa added that the residents of 3875 have four times the front footage as the other neighboring residents and she asked if they will have to maintain the sidewalks as well. Colbert said the ordinance states both side yards and front yards of sidewalks have to be maintained by the adjacent property owner regardless of length. Mayor Egan stated this is a pilot program and that some problems may arise and solutions will 00407 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 • PAGE 6 have to be worked out. He added this is a starting place and adjustments can be made later on. Ron Goedken, 3420 Golfview Drive, addressed the Council and asked for clarification on what the difference is between ice and snow. He asked if it would be safer to leave the snow on the sidewalks rather than clearing it away and exposing an icy surface, possibly creating more hazardous conditions. Councilmember Wachter stated that the ordinance is not requiring the removal of ice. Councilmember Awada added that the Council is trying not to over-burden residents. She further added that it is safer to clear the sidewalks and have the possibility of some ice being exposed rather than having children walk in the streets. She noted that it is hard to get all the ice off and if salt is used it can kill the grass. Councilmember Hunter stated that the other reason ice is not included in the ordinance is because of the potential liability. He further stated that if the ordinance states snow and ice must be removed and the City or the resident does not remove it and someone falls, the ordinance could be referenced in regard to liability. Councilmember Wachter added the main purpose of the ordinance is to ensure sidewalks are cleared so children do not have to walk in deep snow and are not forced to walk in the street. Aisha Bashir, 4332 Dorchester Court, addressed the Council and asked who would be liable if someone were to fall on the sidewalk on their property. She also asked if they would be expected to put salt on the sidewalk. City Attorney Sheldon said that the ordinance does not affect or change anyone's liability. He added that the property owner has liability for the sidewalk now just like they have always had liability for their sidewalk and this policy would also apply to the City if it is responsible for a particular sidewalk. He further added that this ordinance will not impose more liability nor remove any liability. He said that every homeowner has an obligation to keep their sidewalk safe. Mayor Egan reiterated that this is a pilot program and will be tested to see how well it works. Councilmember Hunter moved, Councilmember Masin seconded a motion to approve an amendment of Eagan City Code Chapter 7:05, subdivision 5, concerning the maintenance of streets and sidewalks requiring the removal of snow on designated sidewalks by adjacent property owners. Aye: 5 Nay: 0 Councilmember Hunter moved, Councilmember Masin seconded a motion to address Public Hearing, Item D, Project 636R, Final Assessment Hearing(Poppler Lane-Streets),which was tabled earlier in the meeting. Aye: 5 Nay: 0 PROJECT 636R, FINAL ASSESSMENT HEARING (POPPLER LANE - STREETS) City Administrator Hedges gave an overview. Director of Public Works Colbert gave a staff report. Councilmember Hunter stated that in October of 1992, the Council canceled the project since the final plat was continued indefinitely. He asked why the final plat was continued indefinitely. Colbert stated the final plat was not in order for recording at Dakota County because the right-of-way dedication was not resolved. Councilmember Hunter stated that in April the developer waived objection to assessments for the three newly created lots and he asked if they were included in this assessment hearing and if any of the property owners objected to the assessment. Colbert indicated there was some objection by some of the property owners. Lawrence Poppler, 3030 Poppler Lane, addressed the Council and asked if the City Clerk had received the objection letters. City Administrator Hedges noted that the letters had been received. Mr. Poppler stated that when he received the draft copy of the assessment report for this project he was S surprised and frustrated to see the report showed a higher assessment than the feasibility report forecasted. He discussed the configuration of the street. He identified the various costs associated with this project 00408 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 7 and questioned why the indirect (engineering) costs doubled. Councilmember Awada noted that Mr. Poppler is objecting to paying the verification charge pertaining to the sewer and water services, because he told the engineering firm the extensions were already there, which was later verified. She asked what the engineering cost was in regard to that expense. Colbert indicated he did not have the cost broken down by engineering costs but rather by construction costs which totalled $2,300 and other indirect costs which totalled $1,356. He said the total assessment for verification services was $3,656. Mr. Poppler stated that since the same engineering firm supervised this proposal 34 years ago and the extensions were already in at that time, his father is paying the location and verification charge for locations that were already established. He felt that these charges should not have been incurred. He noted that the feasibility report indirect costs were $16,500 and the assessment report cost was $33,124 which is approximately 107% over the current feasibility report. He further noted that the reason the feasibility report was done in 1996 was to provide more accuracy. He compared the feasibility reports from 1992 and 1996 and pointed out the number of similarities. He felt the assessment in the 1996 feasibility report should be closer to the assessment in the 1992 feasibility report. He said they signed the waivers in good faith that the estimate would be credible and done with integrity. City Administrator Hedges stated that Mr. Poppler has been very involved in this process and that a number of questions have been raised. He suggested the Council consider referring this item to the Public Works Committee for further review of the assessment with the Popplers and the assessment would come back to the Council at a later date for approval. Mayor Egan asked if the Councilmembers who serve on the Public Works Committee would be willing to review this issue. Councilmembers Wachter and Awada indicated they would be willing to review the issue. Councilmember Wachter suggested that if any member of the City Council has questions, they should direct them to either member of the Public Works Committee and they will be addressed during the meeting with the Popplers. Councilmember Awada said the issue needs to be examined in depth. Mayor Egan added that a different forum would be more user-friendly for further discussion. Councilmember Wachter stated he would like to have both engineers present at the meeting. Mr. Poppler said it would be acceptable to him if the Public Works Committee reviewed the matter with him. Councilmember Masin asked if the representative from the engineering firm would be present at the meeting also. Councilmember Wachter stated he should be there. Councilmember Hunter noted that the process involving the Public Works Committee had been used before. He further noted there are several questions that need to be addressed. He asked if the majority of the increase of the costs of the feasibility report was due to the addition of the 1992 work, why wasn't that included in the feasibility report estimate that Mr. Poppler signed an objection to. Mayor Egan asked if this assessment needs to be certified to Dakota County within a given timeframe. Colbert indicated this assessment is being deferred for five years and therefore,there is no time constraints. Discussion occurred regarding scheduling the Public Works Committee meeting. Hedges stated that he would get back to Mr. Poppler with some specific dates. Councilmember Hunter moved, Councilmember Masin seconded a motion to close the public hearing and refer the final assessment to the Public Works Committee for further review and a recommendation to be made to the City Council. Aye: 5 Nay: 0 PRELIMINARY SUBDIVISION & VARIANCE - DAVID K. PETERS City Administrator Hedges gave an overview on this item. Senior Planner Ridley gave a staff report. David Peters, the applicant, addressed the Council and stated the barn would be removed as a condition of the final plat. Councilmember Masin said she had a question regarding consistency. She 00409 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 8 noted that when the Council had previously addressed the issue regarding the homes on Dodd Road, the property owners had wanted to maintain the rural zoning, but the Council indicated they needed to have five acres. She further noted that those property owners who did not have five acres were not entitled to the rural designation and they were not allowed to maintain the septic systems there. She said this proposal is for three houses on five acres. Councilmember Hunter stated the difference between the two proposals is that sewer was available to the property owners along Dodd Road and the Council did not make anyone connect to that, but rather the stipulation was that they could not put in a new septic system if the old one failed. He further stated that sewer and water is not available on this site. He asked Councilmember Wachter what happened when the sewer services were automatically extended in the past. Councilmember Wachter stated that sewer services were extended only when it was economical to do so. He said the amount to bring in sewer and water to this property seems to be extraordinarily high for only one parcel of property. Councilmember Hunter noted approving this request would not be going against past practice. Councilmember Wachter asked why there needed to be two sites for the sewer. Ridley stated there needed to be two separate drainfields per parcel. Councilmember Wachter asked if they would need to have two septic tanks. Ridley said they would not need two tanks. He pointed out another difference between the Dodd Road sites and this site is that this property is already zoned R-1 and along Dodd the property was zoned Agricultural, which has the five acre minimum lot size requirement. Councilmember Masin said it seemed to her that she had voted against allowing the property owners to maintain the rural zoning because the Council was told they needed five acres to maintain the septic tanks. Councilmember Hunter noted that past practice is if sewer is available, the property owner must hook up at that time if they have under five acres. He further added that this would be required on this site if sewer was available. Mayor Egan stated that this is one of those few areas in Eagan that is not accessible to sewer and water and it would not be practical to not allow the property to develop to some reasonably economical use. Councilmember Wachter added it would have to be agreed upon that if sewer and water ever becomes available to this site, and they have a problem with their existing septic tank or drainfield, they would have to connect to City water and/or sewer. Councilmember Awada moved, Councilmember Hunter seconded a motion to approve a Variance from Section 11.21 Shoreland Zoning to allow lots less than 10 acres in area and 200 feet in width within the shoreland zone of Holland Lake. Mayor Egan stated the reason the City Council is approving the Variance is because this portion of the City Code was adopted from an inappropriate County ordinance and does not apply to a more urbanized area like Eagan. A vote was taken on the motion. Aye: 5 Nay: 0 Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a Preliminary Subdivision (Acorn Pond) consisting of three lots on 5.15 acres of property at 955 Cliff Road in the SE 1/4 of Section 26, subject to the eight conditions in the APC minutes and one additional condition regarding City sewer and water as follows: 1. Standard Conditions - The applicant shall comply with these standard conditions of plat approval as adopted by Council on February 3, 1993: B1, B2, B3, B4, C1, D1, El, Fl 2. Grading - No grading within 30 feet of the NWL for Pond LP-36 shall be allowed. 004.10 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 9 3. Easements-The applicant shall prepare a private ingress/egress easement for the shared driveway access to Lot 1 and 2, and obtain an ingress/egress easement from the adjacent property owner for access to Lot 3. Both documents shall be reviewed and approved by the City Attorney's office prior to Council action on the Final Subdivision. The applicant shall record the private ingress/egress easements with the plat. 4. The final subdivision for this property shall not be approved until the existing barn on Lot 1 is removed or a building permit to construct a house on the lot, in conformance with all City codes is submitted. 5. Individual lot tree preservation plans will be required for both Lot 1 and Lot 3 at the time of building permit application. 6. The applicant shall submit a copy of the percolation test and demonstrate adequate space for two septic drainfields on each lot prior to final subdivision approval. 7. The applicant shall record an agreement with the County Recorder's Office concerning the existence of financial obligations related to City utilities. 8. The applicant shall plat the property. 9. If sewer and water ever becomes available to this site, and a problem arises with the existing septic tank or drainfield, it would be required that the property owner connect to • City water and/or sewer. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT & PRELIMINARY SUBDIVISION - PULTE HOMES, INC. • City Administrator Hedges gave an overview on this item. Senior Planner Ridley gave a staff report. Tom Standke, representing Pulte Homes, addressed the Council and provided background information on their company. He stated they want to continue to build in the community. He added that they had made a request a year ago to build on the Carriage Hills Golf Course site. He further added they were told at that time to look for property that was already properly guided D-11. He stated they have done that with this site. He talked about the life-cycle housing they are proposing. He noted that two-thirds of the site is composed of green and natural space. He went on to discuss the various types of homes that are proposed. He said the site has been designed to retain the natural amenities. He talked about the color choices for the homes and stated the colors are consistent with each other and yet offer some diversity. He added that concerns were expressed about the value of the homes and the availability of individuals to purchase these homes and use them as rental property. He noted that covenants would state individuals could rent the homes only in certain situations and only with the approval of the Board of Directors of the homeowners association. Dennis Griswold, representing Pulte Homes, addressed the Council and discussed the specifics of the site. He talked about how the property fits into the vicinity, traffic patterns, access points and land uses. He stated the Comprehensive Guide Plan's D-11 guiding of 0-6 units per acre is appropriate for this site and fits in well with the land uses surrounding the site. He added that the 4.28 density they are proposing is well within the 0-6 range. He discussed the physical considerations of the site. He stated that part of the PUD concept is density transfer to deal with site characteristics. He further stated another function of the PUD is to have multi-use, which this project would consist of. He noted that they felt it 00411 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 • PAGE 10 would be appropriate to keep the density lower on the east half where it is most rugged and transfer some of the density to the west half where the contours are flatter and the site is more wide-open. He also noted that by laying the site out in this manner, lower density would be next to the single family homes and townhomes on the east. He mentioned there is a good buffer created by the topography along Diffley. He went on to discuss the layout of the buildings on the site and also discussed the breakdown of the number of units and said they have provided a careful mix of homes. He stated that more detail on the landscaping would be provided at the appropriate time. He added that they have varied the setback of some of the lots to create variety. He further added that this plan, with the density transfer, works well with the topography and will not encroach into any of the five wetlands on the site. He mentioned that the ponding has been worked out to deal with the water quality on the site. He said the phasing of the project would be from the south to the north. He stated that the School District will be a benefactor of this proposal because they will get the access point they want and they will also have the ability to sell the lot they had purchased for the potential need of connecting to Cashel) Glen. He discussed the densities of each of the three areas of the site. He said the total densities combined are 4.28 units per acre. He said there is always concern that a multi-family project will turn into a rental mode. He added that they will protect against that happening through private covenants. Mayor Egan stated that the City Council has been following this item for many weeks and have received correspondence from many of the neighboring residents. He further stated that there are many common themes in the correspondence that was received. William Cottrell, 4086 Deerwood Trail, addressed the Council and stated that a neighborhood opposition group was formed. He stated they met with Pulte on a couple of occasions. He said he was selected by a certain group to represent them. He noted the various neighborhoods that got together and met. He added that this is not an attack against Pulte Homes, but rather the residents want to protect the residential neighborhoods of Eagan. He further added that according to the 1995 Census, the City of Eagan has about 22,000 housing units and approximately 54% of the units are single family dwellings and the remaining 46% are multi-family unit dwellings. He stated the City has provided a lot of multi-family housing. He discussed the increase in traffic this proposal would generate. He said this site is beautiful and the Council should give serious consideration to the future of Eagan and what should be done with the remaining 20% of the land. He added they are proposing to remove 400 of the 1,000 trees on the site. He further added the City Planners identified the potential problems associated with drainage in their reports to the City Council. He referenced the City survey conducted by the Wallace Group which confirmed that one of the biggest concerns of the citizens of Eagan is the growing number of townhouses and apartments. He said this neighborhood association is not opposed to reasonable development of this site. He further said he has heard the Council is unsure if they can legally oppose this proposal. He referenced the City Code and identified several legal reasons why the Council could deny the proposal. He added that the 20-year old Comprehensive Guide Plan should be revised because it is outdated and not indicative of where the City is going. He again referenced the City survey and stated that what was least favorable for the development of the remaining 20% of the land was townhouses and apartments. Doug McFarland, 1474 Rocky Lane, addressed the Council and asked what the status is of the proposed addition for the northern part of the site and when does it get included in the density mix. He also asked about the effect of the increased traffic that would occur on Deerwood Road. He stated he would like to hear from staff about water, parks and transportation issues. He added the neighbors are not opposed to development of the site but rather the density being proposed. He noted that the City Councilmembers are elected and that they have to do waht the constituents want them to. Ann Patios, 2835 Burnside Avenue, addressed the Council and stated she supports the Pulte development because they are proposing homes that are one-level, handicap accessible and located in Eagan where they want to live. • 00412 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 • PAGE 11 Ryan Johnson, 4123 Cashel) Glen, addressed the Council and said that he and some of his neighbors presented a petition to the APC. He noted they had signatures of 113 neighbors and the unanimous vote was that the Cashell Glen cul-de-sac should not be extended into the new development. He noted that the APC recommended that the cul-de-sac not be extended. He urged the Council to accept the APC's recommendation. Paul Schmidt, 1422 Kings Wood Road, addressed the Council and stated that he is against the Pulte development mainly because of the high density and also because of the increased traffic, the impact on natural resources and increased class sizes in the school. He noted that ten neighborhoods have banded together regarding this issue requesting the Council reconsider the density of this proposal. He asked why there was such an urgency to develop this property since there does not seem to be any lack of construction in the City. Dean Wold, 4041 Deerwood Trail, addressed the Council and asked what the impact would be on the schools by grade. He stated nothing has been presented regarding the demographics of this proposal. Paul Pahos, 2835 Burnside Avenue, addressed the Council and said that he is concerned about individuals signing petitions to keep other people out of the City. He added that this is a choice piece of property and will not go undeveloped for very long. He further added there could be a proposal for commercial development if this development is not approved. He said he thinks it is inconsiderate and unfair to current and future residents of Eagan to deny them an opportunity to have a decent place to live. Rob Edinger, 1622 Murphy Parkway, addressed the Council and discussed the zoning of the • property and also the difference between D-1 and D-11 zoning. Rick Mower, 4148 Cashell Glen, addressed the Council and asked if it would be possible for Pulte to eliminate the high density housing. He noted that 8-12 unit buildings are not needed and would not be aesthetically pleasing. Pam Wold, 4167 Starbridge Court, addressed the Council and stated she was representing Starbridge townhome owners and said they are opposed to the proposal because of the density and they are also opposed to the extension of Cashel)Glen. Mayor Egan stated that if this request is approved, staff is recommending Cashell Glen be extended and it would be up to the Council to make that determination. Ms. Wold asked why the City is accepting a cash donation instead of a land dedication since this property was a potential candidate site in the park referendum. She said the density of this project would be reduced if there was a park dedication. She also said there are several lots that do not meet minimum lot size or the setback requirements. Brian Haenszel, 4135 Cashel)Glen, addressed the Council and asked for clarification of the APC's recommendation in regard to Cashel) Glen. Mayor Egan said that the APC is recommending that Cashell Glen remain a cul-de-sac. He further said that staffs recommendation is to extend Cashel) Glen. Councilmember Hunter said this is a controversial item. He further said similarities can be drawn in regard to the Carriage Hills situation except that the Carriage Hills situation was not as controversial. He noted that the City is currently doing research on downgrading of D-11 land to D-1 throughout the City. He added that the Council is going to commission a task force to review the entire Comprehensive Guide Plan. He stated that a preliminary meeting was held with a developer several months ago with the City Council and a similar plan was discussed. He further stated that the Council had suggested that the density be lowered and that there should be a high percentage of single family homes. He said he thinks • this land should be low-density residential and it is Comprehensive Guide Planned D-11, which is what it should be. He noted that he does not believe anyone on the Council thinks this land will be developed for 0041.3 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 12 commercial purposes. He added that he feels this land is Comprehensive Guide Planned appropriately and he said he thinks a lower-density Planned Development could be developed profitably. He stated that landowners have rights that need to be considered. He further stated that landowners need to have a viable use and he thinks they do have a viable use, which is lower-density residential. He said they are requesting a Planned Development, which is an agreement between the City and the developer and is different from straight zoning. He noted that in straight zoning, if the developer meets all the terms and conditions of the City Code, they may be able to build what they propose. He said in this case, since they are requesting a Planned Development, they are asking for deviations from the Code, such as smaller lot sizes. He added that many reasons have been stated to deny this request and some are applicable, but most of them are not. He addressed the school issue which is not applicable, since the school bond referendum that was approved projects a growth for the City population and if this development were composed of all single family homes, there may actually be more children going to school than what is being proposed. He said the Tree Preservation Ordinance is one of the toughest in the metropolitan area and that any development will take some trees to use the land properly. He added that he supports denying this proposal reluctantly because he knows that this developer, or another one, could request a straight rezoning and may, in fact, have a higher density use than this one. He further added if a developer would request a straight zoning, the Council would be hard-pressed to come up with justifiable, legally defendable reasons to deny the request. He stated that the Council has the reasons to deny this request because they are asking for a Planned Development which would require variances in straight zoning. Councilmember Masin said she thought that when the junior high was built, promises were made to the residents of the development next to Deerwood School that traffic would be mitigated when the new development was developed. She stated that if Cashel) Glen is kept as a cul-de-sac there will be little • change in the transportation pattern on Deerwood. Director of Public Works Colbert noted that there will be a change in the transportation pattern on Deerwood whether or not the Cashel) Glen connection is provided. He explained how traffic would be affected with or without the Cashel) Glen connection. Councilmember Masin added that she wanted to keep the promise that was originally made to the neighborhood next to Deerwood. Colbert said that when the middle school was built, the school was required to purchase the lot to make the connection to Cashell Glen. He further said the lot is being held in reserve for that purpose, but because it is not the best use of the lot and because of the topography, the connection is being resisted. He added that with this development it is felt that the connection should be made to Johnny Cake Ridge Road. Councilmember Masin asked if the school would still need to maintain the property if the connection is not made to Cashell Glen. Colbert stated that if the connection is not made through Cashell Glen, the school will need to decide if they want to reserve part of the parcel for a sidewalk or trailway connection. Councilmember Awada stated she was in agreement with Councilmember Hunter on this issue. She said that the intent of a Planned Development is to make a development better than what the zoning could be. She further said that this Planned Development has been used and proposed to make the development less than what it could be. She mentioned that staff has calculated the density in the southwest corner of the development to be approximately 10 units per acre. She noted the land is guided to be 0-6 units per acre. She said that much of the City's land that is designated as 0-6 units per acre has recently been developed at about 2 1/2 units per acre. She also said that this proposal consists of approximately 15%of single family homes. She said about half of that percentage is substandard because the lot sizes are under the minimums for street frontage. She further said this land is better suited for single family homes. She stated that she does not support the proposal because of tree loss, drainage, rolling hills and the surrounding development. She noted that the density should be on the lower end of 0-6 units per acre and should be straight zoning instead of a Planned Development so that the majority of the land is not developed as multi-family housing. She mentioned the Livable Communities Act and said • there is 46% of multi-family housing in the City, most of which was developed in the mid 1980's. She further mentioned that, according to the Met Council and the livable communities figures, the City needs 0041.4 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 • PAGE 13 to encourage more single family development and they are willing to pay the City to do more of that. She added that the landowner has rights to do what they want with their land but only within certain parameters. Councilmember Wachter asked about the park land dedication that was being proposed. Senior Planner Ridley clarified the land Pulte was proposing for park land dedication. Councilmember Wachter asked if any of the proposed park land is usable for ballfields or playgrounds. Director of Parks and Recreation Vraa stated that the plan is revised somewhat from the plan that the APRNRC reviewed earlier this fall. He noted that the green space amounted to approximately 16 acres, which exceeds the park dedication requirement by 4 acres. He said the slopes make it difficult to develop. Councilmember Wachter noted some advantages for making the road connection to Cashell Glen. He discussed the drainage of water and the importance of storing more water in the ponds in the development. He stated that the City could use more developments consisting of executive homes. He said the environmental damage to this area is very severe and too many trees will be removed. He also said the density proposed is too high. He added that this is a special area of Eagan and should be handled with care. Mayor Egan noted that Councilmember Hunter did an excellent job of laying the issues out. He said he does not agree with all the arguments that have been raised. He stated that Mr. Cottrell had outlined a number of statements in his letter that he had also intended to make, including comments that the application for the subdivision has to comply with the City Code, the Comprehensive Guide Plan, Minnesota state law and the requirements of the Metropolitan Council. He further stated that the Comprehensive Guide Plan was adopted by the City in the late 1970's and early 1980's in response to a • requirement by the Minnesota Land Use Planning Act. He noted that several revisions have been made to the plan. He said that the D-11 zoning designation allows for a fair amount of discretion by the developer and the City. He further said that there needs to be some reasonable figure in between the 0-6 units per acre designation. He added that he has looked at the development that has already occurred around this proposed development. He further added that there has been a general trend and encouragement to downzone property in the City. He further stated that the City is below where they feel they should be in terms of single family detached residential housing. He noted that if the City continues the way the trends are currently going, the City will be going in the wrong direction. He said the density is not appropriate on this parcel of land. He discussed the historical facts surrounding this land. He also said the City has narrow constrictions on what it can do with respect to land. He mentioned that this landowner was turned down at Carriage Hills and was told to find another parcel of land. He noted that the developer was not told by anyone to leave that 120 acre site and find another 120 acre site in Eagan and come up with another townhouse mix. He further noted that the Council cannot be arbitrary, capricious or unreasonable in the denial of rights to any property owners. He stated this use is too intense. Mr. Standke asked the Council asked for clarification and direction in regard to what the Council wants for this property. Councilmember Awada stated that Eagan has too much multi-family housing and more single family homes should be built. She said the Council's preference would be for the developer to build single family homes on this parcel. Mayor Egan reiterated that the Council prefers to see single family homes proposed for this area. Councilmember Masin mentioned that there is still a definite need for senior housing. Councilmember Awada moved, Councilmember Hunter seconded a motion to direct the City Attorney to prepare Findings of Fact for denial of the Preliminary Planned Development. Mr. Standke stated they would prefer a continuance to redesign the development proposal. Mayor • Egan said they should submit a new application because any significant change would need to be reviewed by the APC. City Attorney Sheldon said that there are a number of alternatives the Council could consider. 00415 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 PAGE 14 He further said that there is not another City Council meeting before the 60-day agency action timeline expires under the statute to make ruling on this application. He said at the direction of the City Administrator he prepared a draft of both approval and denial findings. He further said the Council may want to review the findings. He added that Mr. Standke may wish to withdraw his application and submit a new application and findings would not be necessary. He further added that if the applicant does not choose to withdraw the application, the Council would need to adopt the draft findings (Exhibit B) and additional findings could be added and brought back at the next meeting. Mayor Egan asked if the applicant would prefer to withdraw the application. Mr. Standke stated that under the terms of the contract he could not do that. Sheldon said that Mr. Cottrell's letter should be included, by reference, to the findings (Exhibit C). He further said that additional findings should include the specific figures of 54% single family and 46% multi-family housing that currently exists in the City. He noted that just about everything that was covered at the meeting tonight is included in the draft findings. Councilmembers concurred that the findings looked acceptable. Mayor Egan noted that Councilmember Awada's earlier motion would be revised to include the adoption of the draft Findings of Fact, Conclusions and Resolution for denial of the Preliminary Planned Development and Preliminary Subdivision for Rolling Oaks Subdivision. Aye: 5 Nay: 0 City Administrator Hedges asked if the Council had any changes to the League of Minnesota Cities proposal. He noted that he and Councilmember Masin were planning on attending the legislative conference on Friday. He further noted that the legislative program will be adopted on Friday. He suggested that if the Council has strong positions on various policies, it would be worthwhile to get involved in the committee processes next year. Discussion occurred regarding fiscal disparities. Councilmember Wachter stated that it would be appropriate if taxpayers were informed as to how much the City of Eagan contributes to fiscal disparities. Mayor Egan said he would like to see the base year changed which would impact the percentage that is contributed toward fiscal disparities. Councilmember Wachter stated that the representatives to the legislature should know what Eagan's position is and the position should be formulated this coming year. PUBLIC HEARINGS/MULTI-FAMILY HOUSING REVENUE BOND FOR WOODRIDGE APARTMENT COMPLEX City Administrator Hedges gave an overview on this item. 96.106.1 Councilmember Awada moved, Councilmember Wachter seconded a motion to schedule a public hearing for the December 16 City Council meeting, for the purpose of considering the Multi-Family Housing Revenue Refunding Bonds for Woodridge Apartment Project. Councilmember Wachter asked if there was any specific reason why the money was not received to pay off these debts. Hedges stated that he was not certain of the detail, but added they want to finish the process and hold the public hearing in the calendar year. He told Councilmember Wachter he would get back to the Council with an answer at the public hearing. Councilmember Wachter asked about the length of the extension. A vote was taken on the motion. Aye: 5 Nay: 0 • 0041.6 EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 • PAGE 15 Councilmember Wachter asked Director of Public Works Colbert when the water tower painting was going to be done. Colbert stated it would be done next spring. City Administrator Hedges referenced Item C of the consent agenda, Liquor License Renewals. He noted that Hoban Korean Restaurant's on-sale beer license was approved. He said there have been some criminal incidents at that restaurant and it is the opinion of the Chief of Police that there is nothing that has occurred or pending that would cause him to suggest the license be revoked or not renewed. He further said that the Chief of Police would like the motion to state that if any further liquor violations or Part I Crimes occur at either Do Re Me Karaoke or Hoban Korean Restaurant, it will result in either a suspension or termination of the liquor license. Councilmember Hunter asked if there would be a legal problem with making that stipulation. City Attorney Sheldon stated that is an issue that was raised by both the City Attorney's office and the Police Department. He said they are not 100% sure it is legal, but they feel it is worthwhile to make this connection between the two businesses, since they are owned by the same business owner. Hedges stated he is requesting the consent agenda be amended to include this condition for Hoban Korean Restaurant's license renewal. Councilmembers Awada and Hunter did not feel this could be done legally. Councilmember Wachter said the Council could issue a warning by approving the condition. Sheldon stated that the attorney's office raised the same questions as have been raised by the Council and said there is a problem of proof. He further stated that the Chief of Police felt there was a connection between the two operations and he asked to institute this condition and felt that it would be effective. Councilmember Wachter noted that this is important to do so that the Chief of Police can keep the problem under control. Sheldon said that the license cannot be revoked without a public hearing. He further said that if the law or provisions of the license are violated, a public hearing would need to be held. Councilmember Wachter moved, Councilmember Masin seconded a motion to amend the consent agenda in regard to Item C, Liquor License Renewals, to include with the approval of Hoban Korean Restaurant's liquor license renewal, the condition that if any liquor violations or Part I Crimes occur at either Do Re Me Karaoke or Hoban Korean Restaurant, the liquor license will be suspended or terminated. Aye: 3 Nay: 2 (Councilmembers Hunter and Awada opposed) Councilmember Masin said that she feels strongly that the City needs more moderately priced senior housing and assisted living housing. Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated November 14, 1996 in the amount of$2,645,107.99. Aye: 5 Nay: 0 Nwof The meeting adjourned at 10:35 p.m. MLK November 19, 1996 41), Date City Clerk • EAGAN CITY COUNCIL MEETING MINUTES; NOVEMBER 19, 1996 0041.7 • PAGE 16 If you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600, (TDD phone: (612) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. • • 0041.3 EXHIBIT A 1997 RENEWALS OFF-SALE LIQUOR Applebaum Companies , Inc Perrier & Associates , Inc. Big Top Liquor Great Northern Spirits 3900 Beau d 'Rue Drive 1960 Cliff-Lake Road #101 Eagan, MN 55122 Eagan, MN 55122 Sidco, Inc. MME , Inc. Big Top Wines & Spirits E & M Liquor 1282 Town Centre Drive 1444 Yankee Doodle Road Eagan, MN 55123 Eagan, MN 55122 Blackhawk Liquors , Inc . Liquor Shoppe , Inc . of Eagan Blackhawk Liquor Liquor Shoppe of Eagan 4130 Blackhawk Rd #100 4250 Lexington Ave . South Eagan , MN 55122 Eagan, MN 55123 Byerly ' s Beverages , Inc . Byerly ' s Wines & Spirits MGM Warehouse 1299 Promenade Place 4182 Pilot Knob Road Eagan , MN 55121 Eagan, MN 55122 Cellars Wines & Spirits of Eagan , Inc . United Penn Lake , Inc. Cellars Wines & Spirits Silver Bell Liquor 2113 Cliff Road 1989 Silver Bell Road Eagan , MN 55122 Eagan, MN 55122 1997 RENEWAL ON-SALE LIQUOR CLUB Spur , Inc . Lost Spur Country Club 2750 Sibley Memorial Hwy. Eagan , MN 55121 1997 RENEWALS A O 9 N-SALE LIQUOR 0041 Al Bakers Cuz , Inc. Al Baker LaFonda de los lobos 3434 Washington Drive 3665 Sibley Memorial Highway Eagan, MN 55122 Eagan, MN 55122 Apple America Ltd. Ptnsp of MN Mediterranean Cruise Applebee ' s Neighborhood Bar & Grill Mediterranean Cruise Restaurant 1335 Town Centre Drive 3945 Sibley Memorial Highway Eagan, MN 55123 Eagan, MN 55122 Casper ' s Cherokee Sirloin Room Rock Bottom Restaurants , Inc . of Eagan, Inc . Old Chicago Pizza Cherokee Sirloin Room 1312 Town Centre Drive 4625 Nicols Rd Eagan, MN 55123 Eagan , MN 55122 Cedarvale Bowl , Inc . West Jersey Associates , Inc . Cedarvale Lanes/Fitz ' s Bar & Grill Richards 3883 Beau d ' Rue Drive 4185 South Robert Trail Eagan , MN 55122 Eagan, MN 55123 Chili ' s of Minnesota , Inc . Marriott Management Services Corp. Chili ' s Southwest Bar & Grill River Park 3625 Pilot Knob Road 3400 Yankee Drive Eagan , MN 55122 Eagan, MN 55122 Cliff Corporation Hall & Convention Center, Inc . J . Doolittles Royal Cliff 2140 Cliff Road 2280 Cliff Road Eagan, MN 55122 Eagan, MN 55122 Nue & Torgerson, L.L. P . Starks I , Inc. Green Mill Restaurant Starks Saloon 1960 Rahncliff Road 3125 Dodd Road Eagan, MN 55122 Eagan, MN 55121 Eagan Airport Hotel Associates ARG Enterprises , Inc . Holiday Inn Stuart Anderson ' s Cattle Company 2700 Pilot Knob Road 1299 Promenade Place Eagan, MN 55121 Eagan, MN 55121 Jensen ' s Supper Club , Inc . Latt , Inc . • Jensen ' s Supper Club Valley Lounge 3840 Sibley Memorial Highway 3385 Sibley Memorial Highway Eagan, MN 55122 Eagan , MN 55122 00420 • 1997 RENEWALS WINE LICENSES Chungs , Inc. Chung Wong, Inc. Anna Chungs Restaurant Hong Wong Restaurant 1960 Cliff Lake Rd #116 2139 Cliff Road Eagan, MN 55122 Eagan, MN 55122 Apples Plus , Inc . FHF, Inc. Apples Restaurant Hunan Garden 1260 Town Centre Drive 1304 Town Centre Drive Eagan , MN 55123 Eagan, MN 55123 Fratelli Tre , Inc . J & R Group Carbone ' s Pizzeria Italian Pie Shoppe 1665 Yankee Doodle Rd 1438 Yankee Doodle Rd. Eagan , MN 55122 Eagan, MN 55122 Diamond T Ranch, Inc . Village House II , Inc. Diamond T Ranch Que Viet 4889 Pilot Knob Road 1272 Town Centre Drive Eagan , MN 55122 Eagan, MN 55123 Young T. Lim Hoban Korean Restaurant 1989 Silver Bell Road Eagan , MN 55122 • 1997 RENEWALS 00 ON-SALE BEER • Chungs , Inc . ** FHF,Inc . ** Anna Chungs Hunan Garden 1960 Cliff Lake Rd #116 1304 Town Centre Dr. Eagan, MN 55122 Eagan, MN 55123 Apples Plus , Inc . ** J & R Group ** Apples Restaurant Italian Pie Shoppe 1260 Town Centre Drive 1438 Yankee Doodle Rd Eagan, MN 55123 Eagan, MN 55122 Sports Fanatic , Inc. Parkview Golf Club Broadway Pizza Don Larsen 2135 Cliff Road 1310 Cliff Road Eagan, MN 55122 Eagan, MN 55123 Fratelli Tre , Inc .** Piccolo ' s Carbone ' s Pizzeria Patricia Boudreau 1665 Yankee Doodle Rd 4162 Pilot Knob Rd Eagan, MN 55122 Eagan, MN 55122 Carriage Hills Country Club Pizza Hut of America , Inc. Ray Rahn Pizza Hut #401025 3535 Wescott Hills Dr . 2130 Cliff Road Eagan, MN 55123 Eagan, MN 55122 Davanni ' s , Inc . Pizza Hut of America , Inc . Davanni ' s Pizza/Hot Hoagies Pizza Hut #401023 1960 Cliff Lake Road 1325 Town Centre Dr Eagan , MN 55122 Eagan, MN 55123 Diamond T. Ranch, Inc . * Q .'Burger Diamond T Ranch Nancy Rieser 4889 Pilot Knob Rd 1428 Yankee Doodle Rd Eagan, MN 55122 Eagan, MN 55122 Dragon Palace Restaurant Village House II * Lee Fo Len , Owner Que Viet 1466 Yankee Doodle Rd 1272 Town Centre Dr Eagan, MN 55122 Eagan, MN 55123 Young T. Lim * West End Hunting Club Hoban Korean Restaurant 535 Gun Club Rd 1989 Silver Bell Rd Rosemount , MN 55068 Eagan , MN 55122 Chung Wong, Inc. ** Also has wine license Hong Wong Restaurant 2139 Cliff Rd ** Also has strong beer license Eagan, MN 55122 110 ()( x.22 1997 RENEWALS OFF-SALE BEER Cedarvale Texaco Superamerica #4182 3830 Sibley Memorial Hwy 1406 Yankee Doodle Rd Eagan, MN 55122 Eagan, MN 55122 Super Valu Holdings , Inc . Superamerica # 4464 Cub Foods 2250 Cliff Road 1940 Cliff Lake Road Eagan, MN 55122 Eagan, MN 55122 Crown CoCo , Inc. Superamerica # 4335 Eagan E-Z Stop 1379 Town Centre Dr 4195 Nicols Rd Eagan, MN 55123 Eagan , MN 55122 Holiday Stationstore #232 Tom Thumb #273 4595 Nicols Rd 1815 Diffley Rd Eagan , MN 55122 Eagan, MN 55122 Holiday Stationstore # 247 Tom Thumb #166 3615 Pilot Knob Road 1446 Yankee Doodle Rd Eagan, MN 55122 Eagan, MN 55122 Holiday Stationstore #68 Total 1065 Diffley Rd 2000 Rahncliff • Eagan , MN 55122 Eagan, MN 55122 McG ' s Twin Cities Stores , Inc . 1969 Silver Bell Rd Oasis Market Eagan , MN 55122 3390 Coachman Rd Eagan, MN 55121 PDQ #214 4198 Pilot Knob Rd Oasis Market #594 Eagan , MN 55122 1286 Lone Oak Road Eagan, MN 55121 Fleming Companies , Inc . Rainbow Foods Oasis Market #576 1276 Town Centre Dr 3150 Dodd Road Eagan , MN 55123 Eagan, MN 55121 Superamerica Group Superamerica #4049 Oasis Market # 590 4200 Sibley Memorial Hwy 4250 Lexington Ave . Eagan , MN 55122 Eagan, MN 55123 EXHIBIT C JOHN A. HALPERN & ASSOCIATES 00423 ATTORNEYS AT LAW OJOHN A. HALPERN TELEPHONE WILLIAM G. COTTRELL 500 PLYMOUTH BUILDING (612) 375-1980 HAROLD B. KORITZ JAMES W. HESS MINNEAPOLIS, MINNESOTA 55402-1510 FACSIMILE (612) 342-2709 November 19, 1996 Thomas Egan, Mayor Council Members Ms . Pat Awada, Mr. Shawn Hunter, Mr. Ted Wachter, and Ms . Sandra Masin City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 RE: Proposed Pulte Homes Development Dear Mr. Egan, Ms. Awada, Mr. Hunter, Mr. Wachter, and Ms . Masin: As a resident of Eagan for the past six years, as a tax payer, and as a citizen interested in the well-being of this community, and as 410 a representative for the neighborhoods surrounding this development, including, but not limited to the following: Deerwood, Deerwood Ponds, Black Hawk Ponds, Cutters, Chatterton, Kingswood, Cashell Glen, Hidden Valley, I can assure you that there is overwhelming opposition to the development of a 490 unit "village" at the location proposed by Pulte Homes (which, by the way, is one of the last remaining beautiful, undeveloped areas in Eagan) . We are not opposed to reasonable development on this property, in accordance with the Comprehensive Planning Guide, which meets the rules and regulations of the city of Eagan, the county of Dakota, and the State of Minnesota. However, for many reasons, we do not believe that the project proposed by Pulte Homes is acceptable to the citizens of Eagan. Some of the reasons for our opposition are as follows: 1 . Overcrowding in this particular area of Eagan. A 490- unit complex is simply too large for the existing area surrounding the proposed development . There are not enough access roads, there will be too much congestion, there will be too much overcrowding, not just in our schools, but on our streets, and in the neighborhood. As a result of this overcrowding, not only will the current residents surrounding the proposed development be affected, but indeed the residents of Rolling Oaks will be adversely affected. The density figures suggested by Pulte Homes aside, adding over 1000 people and well over II! 500 cars to this neighborhood, is simply too much. 2 . Environmental Problems. The city planners have already referred to this problem and have advised in their report that Black Hawk Lake will undoubtedly be affected by the runoff from this development . . Since assurances cannot be JOHN A. HALPERN & ASSOCIATES 00424 • Thomas Egan, Mayor Council Members Ms. Pat Awada, Mr. Shawn Hunter Mr. Ted Wachter, and Ms . Sandra Masin November 19, 1996 Page 2 made by Pulte Homes that Black Hawk Lake will not be ruined as a result of this development, this proposal should be shelved. 3 . Pulte Homes intends to destroy over 400 trees . While apparently this does not exceed the guidelines set forth by the city planners, it does exceed what the residents in the surrounding neighborhoods believe to be reasonable. Pulte Homes is proposing to destroy the topography and natural beauty of this area and a better plan could be submitted which will better protect and . preserve the natural beauty of this area, and preserve the heart of this community. 4 . The City of Eagan' s own report submitted in August of ' 96 by the Wallace Group confirms that one of the biggest concerns of the citizens of Eagan is the growing number of townhouses and apartments .. This City Council should take note of this report based on its obligation to the citizens of Eagan, and should deny the proposal based on the fact that this proposal is not in the best interests of the city of Eagan. This Neighborhood Association is not opposed to a reasonable development of this beautiful real estate. We welcome new neighborhoods and look forward to working with any developer who is willing to consider the thousands of neighbors who will be affected by this development . Look at this location on a map. This proposal is really in the heart of Eagan. We believe allowing this to proceed will affect this community' s heart for ears to come. SinceFely, ��� .. oriopo William G. 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