12/07/1993 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE
EAGAN, CITY COUNCIL
Eagan, Minnesota
December 7, 1993
A regular meeting of the Eagan City Council was held on Tuesday, December 7, 1993, at the Eagan
Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also
present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of
Public Works Tom Colbert, and City Attorney James Sheldon.
GEii
City Administrator Hedges advised there were two changes to the agenda for the December 7, 1993,
regular City Council meeting: 1) ADD Consent Item A8, Final Plat, Town Centre 100 - Thirteenth Addition,
and 2) MOVE Consent Item K, Final Plat, Wuthering Heights Addition, to Old Business, Item A, for discussion.
Wachter moved, Hunter seconded, a motion to approve the agenda of the December 7, 1993, regular
City Council meeting as presented. Aye: 5 Nay: 0
Awada moved, Wachter seconded, a motion to approve the minutes of the November 16, 1993, regular
City Council meeting as presented. Aye: 5 Nay: 0
Councilmember Awada asked that the special meeting minutes of November 16, 1993, be clarified.
Change Page 2, Paragraph 8, Sentence 1 as follows: "The memorandum in the packet on Oak Wilt written by
Administrative Intern Pruitt was referenced in regard to what a five year Oak Wilt Program would provide at
various funding
levels."
Wachter moved, Hunter seconded, a motion to approve the minutes of the November 16, 1993, special
City Council meeting as amended. Aye: 5 Nay: 0
Councilmember Wachter asked that a reference be made in the minutes of the November 2, 1993,
special City Council meeting to his preference that any restaurant built on Outlot G near the Mann Theater
project be built on the west side to take advantage of the view of the wetland area.
Hunter moved, Awada seconded, a motion to approve the minutes of the November 2,1993, special City
Council meeting as amended. Aye: S Nay: 0
Discussion regarding the various items is at the end of the Consent Agenda.
A. Personnel Items
Item 1. Resignation/Construction Analyst--It was recommended that the resignation of Construction
Analyst Joe Merchak be accepted.
Item 2. Ratification/Part-Time Account Clerk III--It was recommended that the selection of Barbara
Hand as a part-time Account Clerk III in the Finance Department be accepted.
Item 3. Retirement/Police Officer--It was recommended that the disability retirement of Police Officer
Peter Poppler be accepted effective January 22, 1994.
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December 7, 1993
Item 4. Community Service Officer--It was recommended that the hiring of Khamtahn Siouthai as a
Community Service Officer be approved.
Item 5. Contractual Basketball Scorekeepers--It was recommended that Bruce Berry, Dean Bickett and
Lynn Erickson be approved as contractual basketball scorekeepers for the 1993 - 1994 basketball season.
Item 6. Seasonal Recreation Leaders--It was recommended that the hiring of Ian Dozier, Mike Geere,
Colin Johnson, Dennis Johnson, Shane Johnson, Jerry Koch, Chris Larson, Corey Lunch, Paul Skwira, Bonnita
Sollar, Ray Sperl, Brent Tait, Kristi Thompson, Ross Vrieze, James Bixby, Mike Frederickson, Aaron Godleski,
Laura Hampton, Shaun Kugler, Greg Martin, Mike Melville, Kelly Smith, Mark Stickler, and Jeff Wuertz as
seasonal winter recreation leaders be approved.
B. Licenses. Plumbers
It was recommended that plumber's licenses for Eide Plumbing, Mark's Plumbing, and Wes' Plumbing
and Heating be approved.
C. License Renewals 1994
1. Refuse Haulers--It was recommended that refuse hauler licenses be renewed for the companies listed
in Exhibit A.
2. Stables--It was recommended that the stable license for Diamond T Ranch be renewed conditioned
upon completion and return of the required materials and payment of the appropriate fees.
3. Pet Shops--It was recommended that pet shop licenses be renewed for the locations listed in Exhibit
B subject to the completion and return of the required materials, payment of the appropriate fees and
recommendation of Animal Control Officer Gilbertson.
4. Tobacco Sales--It was recommended that the tobacco sales licenses for 1994 as listed in Exhibit C
be renewed subject to the completion and return of the required materials and payment of the appropriate fees.
5. Tree Contractors--It was recommended that the tree contractor licenses for 1994 as listed in Exhibit
D be renewed subject to the completion and return of the required materials and payment of the appropriate
fees.
D. License. On-Sale Liquor. New Manager at Chili's. 3625 Pilot Knob Road
It was recommended that a liquor license for Chili's Southwest Bar and Grill in the name of the new
manager, Doug McKaig, be approved conditioned upon a favorable recommendation by the Eagan Police
Department.
E. License. On-Sale Liquor. New Manager at Lost Spur. 2750 Highway 13
It was recommended that a liquor license for Chili's Southwest Bar and Grill in the name of the new
manager, Steve Skar, be approved conditioned upon a favorable recommendation by the Eagan Police
Department.
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December 7, 1993
F. Amendment. City Code Chapter 5. Section 5.52. Subd. 11. Liquor License Restrictions and
Regulations
Separate action was taken on the recommendation that City Code Chapter 5, Section 5.52, Subd. 11,
Liquor License Restrictions and Regulations, be amended to change the designation of one, unissued, on-sale
liquor license.
G. Approve Wetlands Replacement for Ponds JP-20.1 and LP-32.1 and the Modification of Pond GP-1.1
(Contract 93-15)
It was recommended that wetlands replacement plans for Ponds JP-20.1 and Pond LP-32.1 and
exemption for Pond GP-1.1 from the Wetland Conservation Act be approved.
H. Contract 93-15. Approve Plans and Specifications/Authorize Advertisement for Bids (Water Quali
ty
Improvements)
It was recommended that the plans and specifications for Contract 93-15 (Water Quality Improvements)
be approved and advertisement for bids authorized.
1. Declare Surplus Proper /Authorize Distribution of Request for Proposal. Sale of Lexington
Meadows Subdivision. Located South of Difflgy Road. East of Daniel Drive in the NE 1/4 of Sec 26
It was recommended that the Lexington Meadows subdivision be declared surplus property and the
distribution of the Request for Proposal authorized for its sale.
J. Extension of Final Plat. Whispering Woods Ninth Addition
It was recommended that the extension of final plat for Whispering Woods Ninth Addition be approved.
K Final Plat. Wuthering Heights Addition
It was recommended that consideration of the final plat for Wuthering Heights Addition be removed
from the Consent Agenda and placed under Old Business for discussion.
R-93.84
L. Final Plat. Stonebridge Ponds
It was recommended that the final plat for Stonebridge Ponds be approved.
M. Final Plat. Johnston Addition R-93.85
It was recommended that the final plat for Johnston Addition be approved.
R-93.86
N. Final Plat. Whispering Woods 8th Addition
It was recommended that the final plat for Whispering Woods 8th Addition be approved.
R-93.87
O. Letter of Appreciation/Dakota Electric
It was recommended that the letter of appreciation to Dakota Electric be approved.
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PAGE 4/EAGAN CITY COUNCIL MINUTES
December 7, 1993
P. Project 607. Approve Easement Acquisition of City Owned Property by County (Dif ley Road
Construction)
It was recommended that the acquisition of easements and rights-of-way on City owned property by
Dakota County be approved as necessary for the Diffley Road reconstruction under Project 607 and the Mayor
and City Clerk authorized to execute all related documents.
0. Amendment. R. L. Johnson Company. to Conditions #2 and #8 of the Conditions of Plat Approval
for the United Stationers Addition Preliminary Plat
It was recommended that an amendment to preliminary plat conditions of approval (#2 and #8) for
United Stationers Addition be approved as shown in the staff report.
R. Appointment Process. Citizen Representative to Gun Club Lake Watershed Management
Organization
It was recommended that the job description and qualifications for the citizen representative to the Gun
Club Lake Watershed Management Organization be approved and a three-year term set for the position with
a maximum of three consecutive terms.
S. Extended Hours of Operations. O'Neil Grading Permit
Because a complaint has been received, separate action was taken to deny the expanded hours of
operations for Grading Permit EX-10-163.
T. Contract 91-M. Acknowledge Completion/Authorize City Maintenance (Town Centre 70 - Eleventh
Addition - Watermain. Sanitary Sewer. Storm Sewer and Storm Water Basins)
It was recommended that the completion of Contract 91-M (Town Centre 70 - Eleventh Addition) be
acknowledged and City maintenance authorized subject to appropriate warranty conditions of the Development
Contract Agreement.
U. Contract 92-HH. Acknowledge Completion/Authorize City Maintenance (Meghan's Addition)
It was recommended that the completion of Contract 92-HH (Meghan's Addition) be acknowledged and
City maintenance authorized subject to appropriate warranty conditions of the Development Contract Agreement.
V. Contract 93-TT. Acknowledge Completion/Authorize City Maintenance (Murphy Parkway -
Watermain Relocation)
It was recommended that the completion of Contract 93-TT (Murphy Parkway - Watermain Relocation)
be acknowledged and City maintenance authorized subject to appropriate warranty conditions of the
Development Contract Agreement.
W. Contract 92-G. Acknowledge ompletion/Authorize City Maintenance (Deerwood Ponds Addition)
It was recommended that the completion of Contract 92-G (Deerwood Ponds Addition) be
acknowledged and City maintenance authorized subject to appropriate warranty conditions of the Development
Contract Agreement.
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December 7, 1993
X. Contract 93-BP-II. Acknowledge Completion/Authorize City Maintenance (Holida Inn nnE. press)
It was recommended that the completion of Contract 93-BP-II (Holiday Inn Express) be acknowledged
and City maintenance authorized subject to appropriate warranty conditions of the Development Contract
Agreement.
Y. Contract 92-AA. Acknowledge Completion/Authorize City Maintenance (Hawthorne Woods West)
It was recommended that the completion of Contract 92-AA (Hawthorne Woods West) be acknowledged
and City maintenance authorized subject to appropriate warranty conditions of the Development Contract
Agreement.
Z. Contract 92-L. Acknowledge Completion/Authorize City Maintenance (Hawthorne Woods 1st
Addition)
It was recommended that the completion of Contract 92-L (Hawthorne Woods 1st Addition) be
acknowledged and City maintenance authorized subject to appropriate warranty conditions of the Development
Contract Agreement.
Al. Contract 93-04. Approve Change Order #1 (St. Thomas Becket Addition)
It was recommended that Change Order #1 to Contract 93-04 (St. Thomas Becket Addition - Utilities)
be approved and the Mayor and City Clerk authorized to execute all related documents.
A2. Contract 93-04. Approve Final Payment/Authorize City Maintenance (St. Thomas Becket Addition)
It was recommended that the second and final payment in the amount of $5,585.02 for Contract 93-04
(St. Thomas Becket Addition - Utilities) to Brown and Cris, Inc., be approved and the improvements accepted
for perpetual City maintenance subject to appropriate contractual warranty provisions.
A3. Resignation. Burnsville/Eagan Cable Communications Commission Member
It was recommended that the resignation of Patrick O'Malley from the Joint Burnsville/Eagan Cable
Communications Commission be accepted.
A4. Adopt Resolution. Approving Joint Application to Board of Government Innovation and
Cooperation
It was recommended that a resolution approving joint application to the Board of Government
Innovation and Cooperation for grant funds be adopted and the Mayor and City Clerk authorized to execute said
resolution. R-93.88
AS. Authorize Sale of 1971 Ford Pumper
It was recommended that the sale of a 1971 Ford Pumper truck be authorized for sale to General Safety
Equipment Corporation for $10,000.
A6. Contract 92-Z. Acknowledge Completion/Authorize City Maintenance (YMCA 1st Addition)
It was recommended that the completion of Contract 92-Z (YMCA 1st Addition - Utilities) be
acknowledged and City maintenance authorized subject to appropriate warranty conditions.
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PAGE 6/EAGAN CITY COUNCIL MINUTES
December 7, 1993
Al. Contract 93-01. Approve Change Order #1 (Maintenance Cold Storage Building)
It was recommended that Change Order #3 to Contract 93-01 (Maintenance Facility Expansion - Cold
Storage Building) be approved and the Mayor and City Clerk authorized to execute all related documents.
AS. Final Plat. Town Centre 100 - Thirteenth Addition
It was recommended that the final plat for Town Centre 100 - Thirteenth Addition be approved.
R-93.89
DISCUSSION/CONSENT AGENDA
Discussion took place regarding various items on the Consent Agenda:
Al. In answer to a question, City Administrator Hedges stated that filling the Construction Analyst
position would be placed on hold until an analysis is made of that position and the previously vacated Assistant
Chief Building Official position.
AS. Councilmember Hunter acknowledged that scorekeepers are paid through basketball league fees
but recommended that staff consider the possibility of volunteer scorekeepers. Mayor Egan suggested their being
paid by the league.
C2. Councilmember Wachter asked that Jerry Thomas, owner of the Diamond T Ranch, be advised
of odor complaints.
F. Councilmember Awada asked the City Attorney how, if one on-sale liquor license is moved from
Hotels to Other Restaurants, the City could deny the first applicant if no restrictions are associated with the
Other Restaurants designation. City Attorney Sheldon said there are criteria outlined in the City Code that have
to be met before a license is issued; however, if the applicant meets those criteria, then there is no basis on
which to deny the license. The Councilmember then questioned whether that was what the Council intended
at the November 16, meeting. Councilmember Hunter recalled the applicant had indicated Panino's could meet
the $350,000 criteria, so the designation of this license would not change the outcome. It was generally agreed,
however, that it would be more in keeping with the Council's intent if the license were not designated as "Other"
but rather as a "Restaurant with at least $350,000 building valuation."
Mayor Egan said he had been contacted by the owners of other Class I restaurants in the City and all
had expressed their concerns about additional on-sale liquor licenses. The Mayor suggested that a letter be
drafted to those license holders apprising them of the proposed increase in licenses and then eventually involving
them in the process. In all fairness to Panino's, however, the Mayor thought the process should go forward.
He said that while three licenses were being held for Hotels/Motels, that was no longer realistic and one should
be released for another use. He indicated a willingness to move the license to "Restaurants with at least $350,000
building valuation" and then to address the Panino's application under that criteria.
Awada moved, Wachter seconded, a motion to amend City Code Chapter 5, Section 5.52, Subd. 11,
Liquor License Restrictions and Regulations, changing the designation of one on-sale liquor license from Hotel
to Restaurants with at least $350,000 building valuation. Aye: 5 Nay: 0
1. Councilmember Awada asked a number of questions about setting a minimum bid and the Requests
for Proposal process for the Lexington Meadows subdivision.
S. City Administrator Hedges advised that a letter had been received from Jeff Polland regarding his
concerns about the noise generated by O'Neil Grading Permit #EX-10-163. Mr. Polland also indicated his
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December 7, 1993
opposition to further commercial development in that area because of continued concerns about increased traffic
and crime. Councilmember Hunter said that one complaint was enough for him to deny the extended hours;
Mayor Egan agreed.
Because a complaint has been received, Egan moved, Hunter seconded, a motion to deny an amendment
to the expanded hours of operations for Grading Permit EX-10-163. Aye: 5 Nay: 0
Hunter moved, Awada seconded, a motion to approve the Consent Agenda as amended noting separate
action on item F, Amendment, City Code Chapter 5, Section 5.52, Subd. 11, Liquor License Restrictions and
Regulations; moving Item K, Final Plat, Wuthering Heights Addition, to Old Business, Item A; the denial of Item
S, Extended Hours of Operations, O'Neil Grading Permit; and the addition of item AS, Final Plat, Town Centre
100 - Thirteenth Addition. Aye: 5 Nay: 0
1~13A1GIC'l`IErtRINGS<
1994 PROPERTY TAX LEVY AND GENERAL FUND BUDGET
Mayor Egan introduced this item as the 1994 Budget and 1994 Property Tax Levy. City Administrator
Hedges explained the budget process and discussed specifically the 1.994 budget. Handouts prepared by the City
Administrator and Director of Finance were reviewed and then the hearing was opened to public comment.
Laverne Henry, 4229 Jasper Trail, asked whether the budget increase could be equivalent to the percent
of increase in a senior citizen's pension. He said increased taxes were a burden on senior citizens and questioned
whether they could receive some consideration based on their fixed incomes and the fact that their children have
grown up and are no longer using many of the City's services. Director of Finance VanOverbeke stated that the
level of taxation is controlled by State law and there is no provision in the law to provide a special taxing rate
for senior citizens. He said the City Council tries to keep that rate as low as possible which would not provide
a special benefit for senior citizens but would benefit all taxpayers in general. He added that any change in the
taxing rate that would treat one group differently, would have to be addressed by the Legislature.
Councilmember Wachter mentioned the inequities in Fiscal Disparities, and areas where the City is trying to cut
expenses, i.e., keeping vehicles in service longer, mowing boulevards less often, etc.
Marvin Post, 2858 Sibley Hills Drive, voiced his objection to his increased taxes and asked how when
people are being laid off and salaries frozen, the City could ask for such a large increase.
Mark Smeltzly, 3624 Ashbury Road, asked a number of questions regarding Personal Services. Mayor
Egan explained that the hiring of additional police officers for 1994 is in keeping with the City's goal of
establishing one officer per one thousand in population. He cited public safety as a paramount service.
Councilmember Hunter added a recount of discussions with the mayors of Billings, Montana, and Orlando,
Florida, and their higher ratios (1:1.3 and 1:3, respectively) of officers to population. City Administrator Hedges
said it is the City Council's intent to begin the budget process earlier for 1995 and are looking at alternatives to
providing, reducing or eliminating services. Mr. Smeltzly asked whether the City has considered contract labor
and it was pointed out that the City already works with contract labor as well as with a number of joint powers
agreements. Councilmember Awada also noted the impact that property tax abatements are having on the City's
budgeting process.
James Kennedy, 3684 Birchpond Place, observed that spending had been held down very well previously
but now the City was spending too much of "our" money. He said there was no reason for spending to go tip
and while the City rated well with other cities, it should strive to he the best. Mayor Egan said the City was very
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PAGE 8/EAGAN CITY COUNCIL MINUTES
December 7, 1993
close to being the "best" by being 85th of 96. He added that if it were strictly up to the City, it could do very
well; however, it must deal with the Legislature.
Jeff Foster, 3805 Mill Run Court, stated that if it continues at its present rate, in seven years he will be
paying 100% more in property taxes. Mr. Foster said the Council must look beyond budget issues; people have
to be able to live here.
Because no one else wished to address the Council, the hearing was closed to public input.
Councilmember Hunter suggested moving $70,000 from Legal Services to the Contingency fund. He
said the money would still be available if needed, however, it may provide the incentive to reduce those
expenditures. Mayor Egan said he could not support the suggestion saying it would not save the City any money
and pointed out that the City does not spend any more on legal services than ajacent communities. He observed
that Prosecution services are comparable to those communities but noted that each city has its own way of
accounting for these expenses. He said the legal budget had not increased in three years. After additional
discussion, it was determined that more information was needed before Councilmember Hunter's
recommendation could be considered further. While the Legal RFP is coming up in 1994, Councilmember
Hunter said he would like to look at the issue before next year.
Hunter moved, Awada seconded, a motion to close the public hearing and announce the subsequent
hearing to be held at 7:00 p.m. on Wednesday, December 15. Aye: 5 Nay: 0
VACATION/PARCEL 011-58, SECTION 24
Mayor Egan introduced this item as vacate drainage and utility easement, Parcel 011-58, Section 24.
Director of Public Works Colbert explained the vacation and its location. After reviewing the area to be vacated,
Mr. Colbert referred to the costs paid by the City to acquire the pre-existing easement and questioned whether
some of those costs shouldn't be recouped if the property is vacated and returned to the petitioner. A
consideration, however, could be given to the property owner for installing the utilities privately and constructing
a 12" watermain the entire length of the property. He said the property owner had asked for consideration of
this additional watermain construction.
Mr. Colbert then noted that the property owners to the west of this parcel, Mr. & Mrs. Gary Ash, 755
Diffley Road, were concerned that reducing the size of the easement would impact their property. Mr. Colbert
explained the situation and stated that staff feels confident that reducing the size of the easement will not
negatively impact their property.
After Councilmember Awada asked what the value of the extended watermain was to the City,
Councilmember Hunter suggested continuing this item while the information is researched. Because of time
constraints, Director of Public Works Colbert suggested closing the public hearing and approving the vacation
but continuing the reimbursement question to the December 21 meeting.
After additional discussion, Awada moved, Masin seconded, a motion to close the public hearing and
approve the vacation of utility, drainage and ponding easements over Parcel 011-58 in Section 24, authorized its
certification to Dakota County to be concurrent with the recording of the final plat for the Stonebridge Ponds
Addition subject to the City's reimbursement in the amount of $4,575.00, and staff directed to negotiate with the
applicant regarding any credit toward that reimbursement. Aye: 5 Nay: 0
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PAGE 9/EAGAN CITY COUNCIL MINUTES
December 7, 1993
WUTHERING HEIGHTS FINAL PLAT
Mayor Egan advised that the final plat for Wuthering Heights had been placed on the Consent Agenda,
however, because of a request by the property owner to waive part of the streetlighting costs, it was moved to
Old Business for discussion. The problem involves the increase in cost estimates for the streetlight from
approximately $200 to $1,000 because an existing pole does not meet Dakota Electric's standards and a new pole
will have to be installed.
Wally Hofsted, representing property owner Mylo Mitzell, stated that the procedures dealing with
subdivisions are not designed for small projects. He said it had been difficult to meet all the City's requirements
and noted that originally the property owner had requested three lots, but had agreed to two, and had dedicated
12,000 s.f. in additional right-of-way. Mr. Hofsted said there are currently no streetlights in the adjoining
residential areas and light from the Cedar freeway and the Tesseract School parking lot is more than sufficient.
He added that the property owner on whose yard the new pole will be installed is opposed to having another
pole in his front yard.
Director of Public Works Colbert explained the requirement and circumstances of this issue. He said
staff has reviewed this situation and is attempting to work with Dakota Electric in hopes of bringing the costs
down. He said it may be possible to reuse a pole removed in the Diffley Road reconstruction, however, he did
not know whether it was possible or whether it would result in any cost savings. Mayor Egan asked whether a
decision could wait for two weeks while staff worked with Dakota Electric; however, Mr. Hofsted indicated that
the property owner has a purchase agreement for the construction of a house on the property. He added that
the problem is not the cost but the fact that there is sufficient light now and the streetlight is absolutely
unnecessary. He said small projects are being penalized and noted there are no streetlights at the nearby
apartment building nor on the street comers of Silver Bell. Mr. Hofsted asked for flexibility on the streetlighting
policy for smaller subdivisions.
Councilmember Hunter stated that this issue involved an important policy decision because there will
be more and more small developments in the City with the issue returning again and again. The Council agreed
that having a policy for these questions is necessary. Director of Public Works Colbert referred to Mr. Hofsted's
statement that there are lights in the Tesseract School parking lot. He stated that one of the main purposes of
streetlighting is to illuminate intersections and street signs, and noted that the school parking lot lights do not
accomplish that purpose. Mr. Colbert also suggested solving the problem of two poles in a neighboring yard by
requesting that Dakota Electric put the new pole in place of the existing support pole. Mr. Hofsted stated that
those residents who objected to the additional lot are the same residents who object to the streetlight and said
replacing the pole "would help."
Wachter moved, Hunter seconded, a motion to approve the final plat for Wuthering Heights Addition
with the $1,000 escrow held pending further negotiations with Dakota Electric to reduce the cost of installing
a streetlight. Aye: 5 Nay: 0
1994 COMPREHENSIVE FEE SCHEDULE
Mayor Egan introduced this item as the 1994 Comprehensive Fee Schedule. City Administrator Hedges
explained the process and draft of the fee schedule which will go into effect January 1994.
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PAGE 10/EAGAN CITY COUNCIL MINUTES
December 7, 1993
Councilmember Hunter asked whether any audit was done after the fact to see if the fees cover the
actual costs. Director of Finance VanOverbeke stated that a review is not performed in detail, however, the fee
schedule attempts to reflect average costs. Discussion then turned to the appropriate cost of appeals and after
consideration, the Council set that fee at 50% of the original application charge.
Director of Finance VanOverbeke pointed out the new fees for Hazardous Material Containment/Clean-
up and suggested there may be objections when and if the fee is ever imposed. Mr. VanOverbeke also noted
that the new water and sewer rates will be submitted separately for Council's consideration at the completion
of the user rate study.
Wachter moved, Hunter seconded, a motion to approve the 1994 Comprehensive Fee Schedule as
amended with the Subdivision & Platting Application to Appeal fee set at 50% of the original application charge.
Aye: 5 Nay: 0
CONSIDER CHANGE IN APPLICATION DEADLINE
OFF-SALE LIQUOR LICENSE
Mayor Egan introduced this item as consider a change in the application deadline, Asmita Patel, Off-
Sale Liquor Licenses. City Administrator Hedges explained the request from Ms. Asmita Patel regarding the
issuance of an off-sale liquor license. Mr. Hedges noted that any change in this procedure would require a
corresponding change in the City Code.
While there were many reasons for the existing requirements, "times have changed" and the City Council
generally agreed it is up to the free market to regulate such licenses. Councilmember Awada suggested revisiting
the policy with only two criteria in the present ordinance retained: 1) new license applications will be reviewed
by the Police Department and 2) each applicant shall display to the City's satisfaction that it has at least an
option on a specific site for the location of the off-sale store. In addition, the Councilmember suggested that
licenses run from January 1 to December 31 with the application period any time in that time period. She
added, however, that if a person applies in December, the license will only be in effect for a month. Director
of Finance VanOverbeke asked about the fee for a license saying at the present time, the fee is pro rated based
on the number of months remaining in the calendar year. There was no disagreement with continuing that
policy.
Awada moved, Hunter seconded, a motion to approve changing the City Code regarding the application
process for off sale liquor licenses noting that applications will be accepted at any time during the year, licenses
will run from January 1 to December 31, new license applications will be reviewed by the Police Department,
any license not activiated within nine months will be rescinded, each applicant shall display to the City's
satisfaction that it has at least an option on a specific site for the location of the off sale store, and the license
fee will be pro rated based on the number of months remaining before the license expires at the end of the
calendar year. Aye: 5 Nay: 0
DUPLEX LOT SPLIT/OAKWOOD HEIGHTS 2ND ADDITION
Mayor Egan introduced this item as a waiver of plat, duplex lot split, Mark Calvin, located at Lot 5,
Block 2, Oakwood Heights 2nd Addition, 758 & 760 Cougar Drive. Director of Community Development
Reichert explained the application and its location. All is in order.
Awada moved, Wachter seconded, a motion to approve a waiver of plat for a duplex lot split of Lot 5,
Block 2, Oakwood Heights 2nd Addition, at 758 and 760 Cougar Drive, subject to the waiver of plat being
recorded at Dakota County within 60 days and documentation provided to the City. Aye: 5 Nay: 0
R-93.90
PAGE 11/EAGAN CITY COUNCIL MINUTES
December 7, 1993
At this point, the regular meeting of the Eagan City Council was recessed and a meeting of the City
Council's Board of Appeals was convened.
RECONSIDERATION OF VARIANCE REQUEST
LOT 1, BLOCK 2, MALLARD PARK 3RD ADDITION
Mayor Egan introduced this item as reconsideration of variance request, Cathy Rauchwarter, of 12' to
the 30' minimum setback from public right-of-way on Lot 1, Block 2, Mallard Park 3rd Addition. City
Administrator Hedges provided background on this item and Director of Community Development Reichert
reviewed the original application. Ms. Reichert explained that the first step in the appeal process was to
determine whether the action taken on the application was in error and, if the answer is yes, whether the issue
should be reconsidered. She referred to a letter from applicant Jerry Rauchwarter and noted that the letter did
not explain any error in the original decision but only attempted to make a case for approval of the variance.
Ms. Reichert then went on to describe the lot, presented photographs of its layout and suggested an alternative
location for the addition.
Jerry Rauchwarter, the applicant, described the rationale behind setbacks as the comfort, safety and well-
being of the City's residents as well as access. He said the addition would not infringe upon any these setback
characteristics. Mayor Egan reminded Mr. Rauchwarter that it was up to the applicant to show why he should
be granted a variance and not up to the City to justify the setbacks. The Mayor indicated he could find no
hardship for this variance and any practical necessity appeared to benefit the property owner not the property.
Mr. Rauchwarter said he wanted a third garage stall that would not simply be used as a workshop but
eventually for his children's cars. He stated that it would not harm the neighborhood but enhance it; however,
an addition at the rear of the house would be out of character and thereby devalue the rest of the neighborhood.
Councilmember Wachter asked about restricted visability on Drake Lane and Mr. Rauchwarter indicated he did
not think it would be a problem. Councilmember Hunter stated that uniformity is a consideration and the
variance would place the addition at odds with the neighborhood.
Councilmember Awada then cautioned that the applicant would have the right to build at the back of
the house, including the construction of a driveway off Woodgate Lane. When questions were raised about the
addition being a garage and not a woodworking area, Mr. Rauchwarter said he thought it was clear that he
wished to add a garage. Mayor Egan said that was not his original understanding, however, a garage addition
benefitting the property and the neighborhood could possibly persuade him. Councilmember Hunter indicated
a concern that others in the neighborhood would make the same request. He added that any variance applicant
could come in and present a poor layout and then claim that same unattractive layout as their hardship.
After additional discussion, Councilmember Awada moved, and to put the motion on the floor, Egan
seconded, a motion to approve the appeal of a variance for Cathy and Gerald Rauchwarter. Aye: 3 Nay: 2
(Hunter, Wachter)
Because there had been sufficient discussion, Awada then moved and Egan seconded, a motion to
approve a grant of the appeal for a IT setback variance to the 30' side yard variance for setback from the public
right-of-way. Aye: 2 Nay: 3 (Wachter, Hunter, Masin)
0 0.2
PAGE 12/EAGAN CITY COUNCIL MINUTES
December 7, 1993
.
Hunter moved, Egan seconded, a motion to adjourn the meeting of the Board of Appeals and reconvene
the regular City Council meeting. Aye: 5 Nay. 0
SPECIAL CITY COUNCIL MEETING
Wachter moved, Hunter seconded, a motion to set a special City Council meeting for December 21,
1993, at 5:00 p.m. Aye: 5 Nay: 0
COUNCIL/STAFF RETREAT
A Council/Staff retreat was tentatively set for February 4 and 5, 1994, with Carl Neu as the facilitator.
CHECKLIST
Wachter moved, Egan seconded, a motion to approve the checklist dated December 3, 1993, in the
amount of $2,759,710.95. Aye: 5 Nay. 0
ADJOURNMENT
The regular meeting of the Eagan City Council was adjourned at approximately 11:00 p.m.
KF
CITY OF EAGAN
(~N AIAIL
E. . anOverbeke
City Jerk
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).
00 434
EXHIBIT D
December 7, 1993
CITY OF EAGAN
1994
LICENSED TREE CONTRACTORS
1. A. C. Tree
7575 Upper 167th St. W.
Lakeville, MN 55044
612-431-1185
2. S & S Tree Specialists
6214 Concord Blvd. E.
Inver Grove Sts., MN 55076
612-451-8907
3. Davey Tree Expert Company
2500 Fernbrook Lane N.
Plymouth, MN 55447
612-553.9740
4. The Tree-Stump Co.
Robert Hutcheson
13677 Dan Patch Dr.
Savage, MN 55378
447-6187
5. Henning & Rohde (comet/contract work)
3259 Terminal Dr.
Eagan, MN 55122
454-9511
6. Outdoor Specialities
Christopher Rossmann
1535 Cliff Rd.
Eagan, MN 55122
454-4500
7. Roggenbuck Tree Service
3967 Westbury Way
Eagan, MN 55123
454-9570
8. Huston's Tree Service
13401 Morgan Ave. S.
Burnsville, MN 55337
890-4859
9. Sherwood Tree Service
12195 Upper 167th St.
Lakeville, MN 55044
898-1988
1
EXHIBIT B
December 7, 1993
1994 LICENSE RENEWALS
PET SHOP
Heartland Pets
1960 Cliff Lake Road
Eagan, MN 55122
Walmart
1360 Town Centre Dr
Eagan, MN 55123
Wet World
3390 Coachman Rd #206
Eagan, MN 55121
C:t
EXHIBIT A
PLUMBER LICENSES FOR APPROVAL - YEAR 1993
1. BRUCKMUELLER PLUMBING, INC.
2. D.C. MECHANICAL
3. KELLY PLUMBING & HEATING INC.
4. MCQUILLAN BROTHERS PLUMBING & HEATING
S. MAIN LINE PLUMBING
6. NYBO PETERSON PLUMBING CO. INC.
7. OIL-BERG CONSTRUCTION
8. PM SERVICES
9. REINKE PLUMBING
10. TOMAS/SUBURBAN PLBG.
11. DON WELD PLUMBING CO
12. WILLIAMS PLUMBING & HEATING
For February 1993 meeting
PLUMBER LICENSES FOR APPROVAL - YEAR 1993
1. ASSOCIATED MECHANICAL CONTRACTORS INC.
2. BERQUAL PLUMBING
3. BEST PLUMBING & HEATING
4. DAVE'S PROFESSIONAL PLUMBING
5. GILBERT MECHANICAL CONTRACTORS INC.
6. GOPHER MECHANICAL CONTRACTORS INC.
7. GROTH SEWER & WATER
8. JANECKY PLUMBING
9. MCGUIRE & SONS PLUMBING & HEATING INC.
10. P & D MECHANICAL CONTRACTING CO.
11. PLUMBING SERVICE CENTER
12. PRIOR LAKE PLUMBING
13. ROBERTS PLUMBING INC.
14. SONVADA & BARNA PLUMBING
15. WHELAN CO. INC.
For March 1993 meeting
EXHIBIT A
PLUMBER LICENSES FOR APPROVAL - YEAR 1993
1. AAA ABBOTT PLUMBING & HEATING INC.
2. A-1 ROOTMASTER INC.
3. B J & M PLUMBING & HEATING
4. FARMINGTON PLUMBING & HEATING
5. GALAXY MECHANICAL CONTRACTOR, INC.
6. H&HPLUMBING
7. MARQUE PLUMBING INC.
8. NORTHLAND MECHANICAL CONTRACTORS, INC.
9. NOVA-FROST, INC.
10. PLUMBING SERVICES, INC.
11. RICHIE'S PLUMBING
12. SAUBER PLUMBING & HEATING CO.
13. TIM'S QUALITY PLUMBING INC.
14. WENZEL PLUMBING & HEATING INC.
15. WIDMER INC.
For approval at meeting of 2/2/93
Oc 238
PLUMBER LICENSES FOR APPROVAL - YEAR 1993
1. A-J PLUMBING
2. H.I.S. PLUMBING CO INC
3. KINGSWAY PLUMBING
4. M & W WATER & SEWER UTILITY INC
5. NASSEFF PLUMBING & HEATING INC
6. PLUMB RIGHT
7. PLUMBING & HEATING ECONOMIZERS INC
For July 20, 1993 City Council meeting
EXHIBIT A
DECEMBER 7, 1993
S.
1884 RUSBISH/REFUSE HAULERS
.
Lt. # NEW Address. Phone-0 App ~Q
1. Asgard ErMrorrr m*nWAOomm) 0451388
3201 Terminal Dr,Eagan 55121
2. Action Dlspoal-BF14554=4
4325E Oft St, GH 55078
M Dhpoal-same company I has m.-1 has comm.
3. Ali-Star Disposal (oomm)4554941
7845 E. Boyd O UGH 66078
4. Buckingham, Sic. (comm) 80Q4441
12444 Hwy. 13, Savage 66378
B. City Clean-lip (RolloM) 4646786
5541 Bumslds Awe.. Eagan 56121
S. Dick's Sanitation (oomm) 4802230
21338 Dodd 191vd., Lakev6N 56044
T. Eagan Sanhatlon/Roadway 46C7162
2400 Dodd Rd., Mendota Hts, 55120
S. Knutson RubbIsh S.Ma 4232204
15120 Cldppendal Awe, Raft 56086
0. Mendota His Rubb1sh 4374!768
20700 Donnelly Awe E. Fari * gton 50024
10. Mike's Dhspoai/Rsayoiing 48028,93
P. O. Box M. Lkv155044
11. Northern Disposal (oomm) 785-3611
5517 Mthony Ln S 0312, Mpis 56418
12. Ken Oeh, sin Sanitation (oomm) 4600120
18110sntury An, Newport 55063
13. Poor Richard's ho. (oornm) 77I.2323
400 Whltaf St. St. Paul 55101
14.Ouapty Waste Corrbcl
1001 W. 144th 9t. Bnr4 55337
15. T"10 Services 464.1548 I
1881 Lndngton Awe.. Mendota sit 1d
16. Waste Management 5001100
12448 PA Ave. S,Ssvags 44378
17. Wldwood Sanitation (oomm) 459.7026
Box 178, Newport 66055
EXHIBIT C CITY OF EAGAN
Mw
December 7, 1993 1994 TOBACCO SALES LICENSE RENEWALS O
Page 1 # OF OVER
UC.# LOCATION VENDOR MACH. COUNTER
APPLEBEE'S NEIGHBORHOOD BAR/GRILL APPLE AMERICAN LTD./MN
1335 TOWN CENTRE DR. 4551 W. 107TH ST, #100
EAGAN, MN 55122 OVERLAND PARK, KS 66207
BROOKS SUPERETTE #43 GATEWAY FOODS, INC. 1
3390 COACHMAN RD #202 5720 SMETANA DR. #300 (935-2060)
EAGAN, MN 55122 MINNETONKA, MN 55343
CASPER'S CHEROKEE SIRLOIN ROOM, EAGAN HAROLD F. AWE 1
4625 NICOLS RD. 476 S. SNEWNG AVE #2
EAGAN, MN 55122 ST. PAUL, MN 55105
CEDAR CUFF AMOCO ROBERT SCHLANGEN 1
4600 SLATER RD. 4600 SLATER RD.
EAGAN, MN 55122 EAGAN, MN 55122
CEDARVALE LANES D.V.M., INC. 1
3883 BEAU D'RUE DR. 296 NO. PASCAL
EAGAN, MN 55122 ST. PAUL, MN 55104
CUB FOODS SUPER VALU STORES, INC. 1
1940 CLIFF LAKE RD. 11840 VALLEY VIEW RD.
EAGAN, MN 55122 EDEN PRAIRIE, MN 55344
DIAMOND T RANCH JERRY THOMAS 1
4889 PILOT KNOB RD. 4889 PILOT KNOB RD.
EAGAN, MN 55122 EAGAN, MN 55122
DUCKWOOD 66 PHILLIPS 66 CO. 1
3575 PILOT KNOB RD. P.O. BOX 199
EAGAN, MN 55122 BARTLESVILLE, OK 74004
EAGAN E -Z STOP CROWN COCO INC. 1
4195 NICOLS RD. 319 ULYSSES ST. NE
EAGAN, MN 55122 MINNEAPOLIS, MN 55413
EAGAN AMOCO SO. FRANCE LTD. INC. 1
4205 NICOLS RD. 3901 W. 70TH ST.
EAGAN, MN 55122 EDINA, MN 55435
FINA SERVE #590 FINA OIL & CHEMICAL CO. 1
4250 LEXINGTON AVE. ATTN: PATRICIA JENSEN
# 576 - 3150 DODD RD. 2020 SILVER BELL RD #23 1
# 594 - 1286 LONE OAK RD. EAGAN, MN 55122 1
GREAT NORTHERN SPIRITS PERRIER & ASSOC. INC. 1
1960 CUFF LAKE RD. #101 1960 CUFF LAKE RD. #101
EAGAN, MN 55122 EAGAN, MN 55122
HOLIDAY STATIONSTORE #232 HOLIDAY COMPANIES 1
4594 NICOLS RD. 4567 W. 80TH ST.
#247 - 3615 PILOT KNOB RD. MINNEAPOLIS, MN 55437 1
EXHIBIT C 1994 TOBACCO SALES UCENSE RENEWALS (cont.)
0e c e T1 N 1993. VENDOR MACH. COUNTER
age
J. DOOLITTLES AMERICAN AMUSEMENT ARCADES 1
2140 CUFF RD. 850 DECATUR AVE NO.
EAGAN, MN 55122 MINNEAPOLIS, MN 55427 -
KENNY'S LIQUOR KENNEY'S ENTERPRISES 1
1444 YANKEE DOODLE RD. 6700 PENN SO.
EAGAN, MN 55122 RICHFIELD, MN 55423
LANXANG ORIENTAL GROCERY THANOM KEOHAVONG 1
3904 BEAU D'RUE DR. 1325-79TH AVE N.
EAGAN, MN 55122 BROOKLYN PARK, MN 55444
LIQUOR SHOPPE GREG WARD 1
4250 LEXINGTON AVE. S. 8705-230TH ST. E.
EAGAN, MN 55123 LAKEVILLE, MN 55044
LOST SPUR COUNTRY CLUB HAROLD F. AWE CO., INC. 2
2750 SIBLEY MEMORIAL HWY. 476 S. SNEWNG AVE #2 (696-5591)
EAGAN, MN 55121 ST. PAUL, MN 55105
MGM LIQUOR WAREHOUSE/SPIRITS OF EAGAN JOHN W. TESLAW 1
4182 PILOT KNOB RD. MGM LIQUOR WAREHOUSE
EAGAN, MN 55123 4182 PILOT KNOB RD.
EAGAN, MN 55123
PDQ #287 PDO FOOD STORES OF MN, INC. 1
1969 SILVER BELL RD. 6600 CITY WEST PKWY #210
#214 - 4198 PILOT KNOB RD. EDEN PRAIRIE, MN 55344 1
RAINBOW FOODS GATEWAY FOODS, INC. 1
1276 TOWN CENTRE DR. 1515 EXCELSIOR BLVD.
EAGAN, MN 55123 HOPKINS, MN 55343
SINCLAIR RETAIL #22028 SINCLAIR MARKETING COMPANY 1
3946 NICOLS RD. P. 0. BOX 30825
EAGAN, MN 55122 SALT LAKE CITY, UT 84130-0825
SNYDER DRUG STORE #32 SNYDER DRUG STORES, INC. 1
3914 SIBLEY MEMORIAL HWY. 14525 HWY. #7
#61 - 1565 CUFF RD. MINNETONKA, MN 55345 1
STARKS SALOON GARY STARKS 1
3125 DODD RD. 3125 DODD RD.
EAGAN, MN 55121 EAGAN, MN 55121
SUPERAMERICA #4049 SUPERAMERICA GROUP, INC. 1
4200 E. HWY. 13 BIRCH BRU INC., DEB JOHNSON
#4182 - 1406 YANKEE DOODLE RD. 1240 W. 98TH ST. 1
#4335 - 1379 TOWN CENTRE DR. BLOOMINGTON, MN 55431 1
#4464 - 2250 CLIFF RD.
TARGET TARGET STORES 1
2000 CUFF LAKE RD. 2000 CUFF LAKE RD.
EAGAN, MN 55122 EAGAN, MN 55122
EXHIBIT C 0046.+
December 7, 1993 1994 TOBACCO SALES LICENSE RENEWALS (cont.)
Page
L ATI N VENDOR MACH. COUNTER
TEXACO SUPERSTORE Yocum OIL Co. 1
1579 CUFF RD. 2719 STILLWATER RD.
EAGAN, MN 55122 ST. PAUL, MN 55119
TOBAK SHACK LARRY SCHONHER 1
3950 SIBLEY MEMORIAL HWY. 1762 TURQUOISE TR.
EAGAN, MN 55122 EAGAN, MN 55122
TOM THUMB #166 TOM THUMB FOOD MARKETS, INC. 1
1446 YANKEE DOODLE RD. 110 E. 17TH ST.
#259 - 2125 CUFF RD. HASTINGS, MN 55033 1
#273 - 1815 DIFFLEY RD. 1
TOTAL PETROLEUM TOTAL PETROLEUM, INC. 1
4206 NICOLS RD. 999 18TH ST. #2200
EAGAN, MN 55122 DENVER, CO 80201
2000 RAHNCUFF CT.
VALLEY LOUNGE D.V.M., INC. 1
3385 SIBLEY MEMORIAL HWY. 296 NO. PASCAL
EAGAN, MN 55122 ST. PAUL, MN 55104
WAL-MART #1786 WAL-MART STORES INC. 1
1360 TOWN CENTRE DR. 702 SW 8th ST.
EAGAN, MN 55121 BENTONVILLE, AR 72712
WALGREENS WALGREEN CO. 1
1278 TOWN CENTRE DR. 300 WILMOT RD.
EAGAN, MN 55123 DEERFIELD, IL 60015
2010 CUFF RD. ATTN: TAX DEPT. 1
YANKEE SQUARE AMOCO WILLSHIR, INC. 1
1424 YANKEE DOODLE RD. 1424 YANKEE DOODLE RD.
EAGAN, MN 55121 EAGAN, MN 55121
M 00W7
PLUMBER LICENSES FOR APPROVAL - YEAR 1993
1. NORDWALL & ASSOCIATES INC.
2. ROSEVILLE PLUMBING & HEATING INC.
3. ST. PAUL PLUMBING & HEATING
4. TSCHIDA BROTHERS PLUMBING
PLUMBER LICENSES FOR APPROVAL - YEAR 1994
1. ASSOCIATED MECHANICAL CONTRACTORS INC.
2. MINNESOTA PLUMBING & HEATING INC.
3. NASSEFF PLUMBING & HEATING INC.
4. PLUMBING SERVICES INC.
5. ROTO ROOTER SERVICES CO.
6. SCHULTIES PLUMBING
7. STATE MECHANICAL INC.
8. VOSON PLUMBING INC.
For January 4, 1994 City Council meeting