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09/16/1997 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 16, 1997 00296 A regular meeting of the Eagan City Council was held on Tuesday, September 16, 1997 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist. Also present were Assistant to the City Administrator Holly Duffy, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, and City Attorney Jim Sheldon. City Administrator Hedges arrived during the Round Table discussion. Boy Scout Troop 446 led the Pledge of Allegiance. Mayor Egan noted that City Administrator Hedges was at an ICMA Conference and that Assistant to the City Administrator Duffy would be taking his place at tonight's meeting. He also noted that there would be an Executive Session following the regular meeting. iGENDA Councilmember Wachter moved, Councilmember Masin seconded a motion to approve the agenda as presented. Aye: 5 Nay: 0 ~~:Of;:rJIESEPTEMBER2,oi997 REGULAIt;MhlnING Councilmember Masin moved, Councilmember Wachter seconded a motion to approve the minutes as presented. Aye: 5 Nay: 0 ~~OFTHE AUGUST 26, 1997 SPECIAL'MEeliNG Councilmember Blomquist requested that on page three, the last part of the first paragraph should read, "and that consideration be given to generating fees for more revenue in the Park Department for programming." Councilmember A wada moved, Councilmember Masin seconded a motion to approve the minutes as amended. Aye: 5 Nay: 0 taS:rT()RS TQBE ~HEARD Chris Daniels, 4225 Daniel Drive, presented a map showing a commercial real estate site at the comer of Diffley and Lexington. He said that residents in the Wildflower neighborhood and Daniel Drive area are concerned about what commercial activity may be proposed for this site and the impact on the residential area and traffic. He asked if it would be possible to rezone this piece of property. Senior Planner Ridley indicated that the Community Development Department has not received any application for this property yet. He explained the current zoning of the site. Mr. Daniels stated that he and the other neighbors would like to be proactive in the development of this site. Councilmember Blomquist noted that there is a subcommittee that has been formed to review the Comprehensive Guide Plan and it would be well for the neighbors to submit their ideas in writing for this site and the committee will review their suggestions. Councilmember Wachter said that thesubcommittee should keep the City Council informed and that staff should also keep the Council informed if they hear of any proposals for this site. EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 16, 1997 PAGE 2 00297 P"M~NJ~D BPSIN'ESS AMENDMENT OF JOINT POWERS AGREEMENT FOR GUN CLUB WMO Water Resource Coordinator Brasch provided a brief overview on this item. Councilmember Masin moved, Councilmember Wachter seconded a motion to approve a request to amend the Gun Club Lake Watershed Management Organization Joint Powers Agreement. Aye: 5 Nay: 0 itQN'~CUJ]rpoNAnONTO EAGA'N FlRED"~TMENT Mayor Egan presented Fire Chief Jensen with a $5,000 check from the Lion's Club to be used for the purchase of a Cairns IRIS thermal imaging system for the Eagan Fire Department. Fire Chief Jensen expressed appreciation to the Lion's Club and stated that their donation brings the Fire Department within $5,000 of being able to purchase this equipment. t:6NSENT J\GENDA In regard to Item B, Approve the resolution calling for a public hearing on bonds to be issued to 97-75 refinance the Cinnamon Ridge multi-family rental housing project, Councilmember Blomquist asked how many times the City has refinanced these bonds and if there is any liability to the City. Assistant to the City Administrator Duffy said that the information would be provided to the Council prior to the public hearing. Councilmember Blomquist indicated she would abstain from voting on this item. In regard to Item E, Approve corrections to the August 19,1997 Special City Council minutes, Councilmember Blomquist questioned the practice of placing minutes that have already been approved by the Council on the consent agenda in order to approve changes that were made after the Council's ratification. She requested that in the future any minutes that have been changed following Council approval be placed under the approval of minutes on the agenda and not on consent. In regard to Item H, Confirmation of Findings of Fact, Conclusions & Resolution of Denial, City of 97-76 Eagan relating to the denial of a conditional use permit requested by AT&T Wireless Services for a communication monopole on the Parkview Golf Course site, City Attorney Sheldon noted that Councilmember Blomquist had provided some revisions to strengthen the findings. Councilmembers agreed to approve the revised Findings of Fact. In regard to Item I, Final Subdivision, Dakota County HRA for Eagan Senior Housing and Final 97-77 Planned Development for Lot 1, Block 1, Councilmember Masin asked why it would be appropriate for the City to be named on the contractor's performance bond. Senior Planner Ridley explained that this is for the good of the City and will insure that the contractor hired by the HRA complies with the City's standards. In regard to Item L, Application for use of a golf cart on City streets (mobility impairment), Councilmember Masin asked for an explanation of the ordinance pertaining to this use. Assistant to the City Administrator Duffy provided an explanation. In regard to Item M, Contract 97-15, receive bids/award contract (Mulcahy Addition & Murphy Pkwy. - Utilities), Councilmember Wachter stated he was concerned about the impact this project could have on the trees. Director of Public Works Colbert said that Mr. Murphy's letter has been responded to and he explained that Mr. Murphy did not understand the location of the proposed improvement. He added that only minor shrubs will be impacted. EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 16, 1997 PAGE 3 00298 A. Personnel Items Item 1. It was recommended to accept an agreement reached between the Fire Relief Association and City Council to change from a defined benefit to a defined contribution pension plan subject to the following conditions: The amount available per firefighter per year, assuming 100 firefighters, is $3,385. The agreement will be for eight years The City will continue to pay 100% of the State Approved Administration Expenses. (It should be noted that this cost should be less given the fact that an actuarial report is no longer necessary on an annual basis.) Item 2. It was recommended to accept the agreement between the City and the clerical bargaining group relative to a three year contract for 1997-1999. Item 3. It was recommended to approve the hiring of Jennifer Petsinger and T.J. Simon as part-time temporary high school clerical interns with the Parks and Recreation and Fire Departments. Item 4. It was recommended to accept the resignation of Part-time Building Maintenance Worker Richard Johnson. B. Approve the resolution calling for a public hearing on bonds to be issued to refinance the Cinnamon Ridge multi-family rental housing project. It was recommended to approve the resolution calling for a public hearing on bonds to be issued to refinance the Cinnamon Ridge multi-family rental housing project. (Councilmember Blomquist abstained from voting on this item.) C. On-Sale Liquor License - Nue and Torgerson II, LLP, dba Hilton-Eagan, Lot 1, Block 1, Rahncliff 3rd Addition. It was recommended to approve an on-sale liquor license for Nue and Torgerson, LLP, dba Hilton-Eagan, to be located at Lot 1, Block 1, Rahncliff 3rd Addition. D. Wine, Sunday Wine, and Strong Beer License, D'Amico Catering, Inc., dba D'Amico & Sons, 3324 Promenade Avenue. It was recommended to approve a wine, Sunday wine and strong beer license for D'Amico Catering, Inc., dba D'Amico & Sons, to be located at 3324 Promenade Avenue. E. Approve corrections to the August 19, 1997 Special City Council minutes. Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve corrections to the August 19,1997 Special City Council minutes. F. Request for footings and foundation permit - Skyline Displays, Inc. It was recommended to approve a footing and foundation permit for Skyline Displays, Inc. to begin site work on property preliminarily platted as Eagandale Corporate Center 2nd Addition located at the northeast intersection of Yankee Doodle Road and Lexington Avenue. G. Final Planned Development for Lot 1, Block 1, Rahncliff 3rd Addition - Nue & Torg~rson II, LLP for a Hilton Garden Inn. It was recommended to approve a Final Planned Development to allow a four story, 100-unit hotel with liquor on Lot 1, Block 1, Rahncliff 3rd Addition located east of Rahn Road, on Rahn Cliff Court south of Cliff Road in the NW 1/4 of Section 32. H. Confirmation of Findings of Fact, Conclusions & Resolution of Denial, City of Eagan relating to the denial of a conditional use permit requested by AT&T Wireless Services for a communication monopole on the Parkview Golf Course site. It was recommended to approve revised Findings of Fact relating to EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 16, 1997 PAGE 4 00299 the denial of a Conditional Use Permit requested by AT&T Wireless Services for a communication monopole on the Parkview Golf Course site. 1. Final Subdivision, Dakota County HRA for Eagan Senior Housing and Final Planned Development for 97-77 Lot 1, Block 1. It was recommended to approve the Final Subdivision for the Eagan Senior Housing Addition consisting of one lot and one outlot on property located on the south side of Town Centre Drive, east of Denmark Ave. and north of O'Leary Lake in the NE 1/4 of Section 15 and to approve a Final Planned Development for a 65 unit senior housing building on Lot 1, Block 1, Eagan Senior Housing Addition located on the south side of Town Centre Drive, east of Denmark Ave. and north of O'Leary Lake in the NE 1/4 of Section 15. J. Final Subdivision, Home Development for Kingswood Ponds Second Addition. It was recommended 97 -78 to approve a Final Subdivision for the Kingswood Ponds Second Addition located west of the Pilot Knob Road and Wescott Road intersection. K. Contract 97-07, approve change order #1, Eagan Business Commons (fronta~e road and utility extension). It was recommended to approve Change Order #1 to Contract 97-07 (Eagan Business Commons - Frontage Road and Utility Extension) and authorize the Mayor and City Clerk to execute all related documents. L. Application for use of a golf cart on City streets (mobility impairment). It was recommended to approve a permit to operate a motorized golf cart on designated streets for Michael Krolick. M. Contract 97-15, receive bids/ award contract (Mulcahy Addition & Murphy Pkwy. - Utilities). It was recommended to receive the bids for Contract 97-15 (Mulcahy Addition/Murphy Parkway - Utilities), award the contract to the lowest responsible bidder, and authorize the Mayor and City Clerk to execute all related documents. N. Contract 97-10, approve plans, order ad for bids (TH 149 & Lone Oak Parkway - Signalization). It was recommended to approve the plans for Contract 97-10 (TH 149 and Lone Oak Parkway - Signalization) and authorize the advertisement for a bid opening to be held at 10:30 a.m., Friday, October 17,1997. O. Project 668, receive feasibility report/ order public hearing/ approve cost participation agreement with Dakota County - Lone Oak Road (Lexington Ave. to TH 55). It was recommended to receive the feasibility report for Project 668 (Lone Oak Road - Utility and Street Improvements), schedule a public hearing to be held on October 21,1997, and approve the cost participation agreement with Dakota Coun~. P. Contract 94-F, acknowledge completion/ authorize City maintenance (Pond View Townhomes). It was recommended to acknowledge the completion of Contract 94-F (Pond View Townhomes - Utilities) and authorize perpetual City maintenance subject to warranty provisions. Q. Contract 97-02, approve final payment/ authorize City maintenance, repairs and improvements for Coachman Road Water Treatment Facility. It was recommended to approve the third and final payment for Contract 97-02 (Coachman Road Water Treatment Facility - Repairs and Improvements) in the amount of $15,710.00 to Shank Mechanical, Inc. and accept the improvement for perpetual City maintenance subject to warranty provisions. Councilmember Blomquist moved, Councilmember A wada seconded a motion to approve the consent agenda and the revised Findings of Fact for Item H. Aye: 5 Nay: 0 In regard to Item F, Request for footings and foundation permit - Skyline Displays, Inc., Mayor Egan mentioned that Mayor Elizabeth Kautz of the City of Burnsville was present in support of the applicant. He noted that Skyline Displays will be moving from the City of Burnsville to Eagan and he EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 16, 1997 PAGES 00300 added that this business will enhance the quality of life in the City. He recognized the applicants in the audience and said that the new facility will be spectacular. Councilmember Blomquist moved, Councilmember A wada seconded a motion to approve the corrections to the August 19,1997 Special City Council minutes. Aye: 5 Nay: 0 ~LtcltE~INGS VARIANCE - TIM THOMPSON, 1073 TICONDEROGA TRAIL Assistant to the City Administrator Duffy provided a brief overview on the item. Senior Planner Ridley gave a staff report and noted that the applicant submitted a petition in support of the variance. Councilmember Masin asked for clarification as to why the Planned Development indicated no variances were to be granted. Senior Planner Ridley provided an explanation. Councilmember Blomquist stated that these requests should continue to be reviewed on an individual basis by the City Council. Mayor Egan opened the public hearing to anyone wishing to speak. There being no one, he turned the discussion back to the Council. Councilmember Wachter moved, Councilmember Blomquist seconded a motion to approve a 11.5 foot Variance request to construct a third car garage addition to the existing two-stall attached garage on Lot 13, Block 5, Lexington Square at 1073 Ticonderoga Trail. Aye: 5 Nay: 0 VARIANCE - CHRISTOPHER GABRYSH, 1405 OSTER DRIVE Assistant to the City Administrator Duffy provided an overview on this item. Senior Planner Ridley gave a staff report. He noted that staff received a petition in opposition to the house being moved to this site. Ed Gabrysh, representing his son Christopher Gabrysh, stated that they chose this lot to match the house. He added that this lot is not buildable and the only difference between this home and the others in the neighborhood is that this house has a detached garage. Councilmember Awada asked City Attorney Sheldon what criteria has to be met with regard to this request. Councilmember Blomquist stated that she understands the concerns of this neighborhood, particularly since they have already had to deal with problems associated with the school building that was moved into their neighborhood. She asked if the applicant could provide the neighborhood with reassurance that the structure will be brought into Building Code compliance. Councilmember Awada referenced the City Code as it relates to denial of a moving permit. City Attorney Sheldon stated that if all the provisions are in place to protect the health and safety of the neighborhood and the structure meets the requirements of the building code then letter G of City Code Chapter 4, Section 4.10, is not a viable provision. Councilmember Wachter asked if the Protective Inspections Division had approved this structure. Senior Planner Ridley noted that a site inspection has been conducted of the house and garage and the applicant has been informed that the house needs to be upgraded to current Building Code standards but both buildings are structurally sound. City Attorney Sheldon indicated that the Council can require strict compliance with the building code. Ed Gabrysh added that they have a letter of credit that identifies all of the upgrades that will be made to the house. He further added that the house is structurally sound. EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 16,1997 PAGE 6 00301 Councilmember Awada questioned whether this lot is unbuildable. Senior Planner Ridley stated that the lot is not unbuildable but there is limited buildable area given the City's setback requirements and that the lot to the south developed with a similar setback variance. Mayor Egan opened the public hearing to anyone wishing to speak. Ron Beranek, 1412 Oster Drive, questioned the square footage of this house and said it does not fit in with the rest of the neighborhood due to its size. He noted that this house was built in 1962 and does not belong in this area. Councilmember Awada said she believes the lot is buildable. Mayor Egan stated that the expectations of the people in this neighborhood were that homes in the area would be of a compatible age. He added that moving this structure into this neighborhood would be a real change to what is already there. Nicole Liebl, presented a home design diagram that she was told by a realtor could be built on this site without a variance. Daniel Zarich, 1404 Oster Drive, stated that his house is five years old and he is opposed to this house being moved to his neighborhood because he did not anticipate that a house this old would be located in the area. He said it is not aesthetically compatible with the other houses. Councilmember Wachter noted that the house design presented by Ms. Liebl would require a variance in front and/ or back. Mr. Zarich stated that the lot he built his house on was of similar size to the lot the Gabrysh's want to move a house on and he did not need a variance. There being no one else wishing to speak, Mayor Egan turned the discussion back to the Council. Councilmember Wachter said he did not think it was fair to say that this house would not look nice on this lot. He further said that this lot has been vacant for many years due to the size restrictions and he felt that this house would be appropriate on this lot. Mayor Egan stated that this lot has gone tax forfeit and he thinks that perhaps someone is trying to take advantage of a windfall. He added that most of the homes in this neighborhood have been built since 1984 and he did not believe that in this situation it would be appropriate to grant a variance. Councilmember Blomquist moved, Councilmember A wada seconded a motion to deny a 15' building setback Variance to the required 50' setback from Pilot Knot Road right-of-way for Lot 6, Block 1, Oster Addition (1405 Oster Drive) and authorize the preparation of Findings of Fact. Aye: 4 Nay: 1 (Councilmember Wachter opposed) Councilmember Blomquist stated that the reasons supporting denial are that there is no real perceived hardship, the lot is buildable and the house to be moved onto the lot is not in keeping with the nature of the neighborhood with regard to years of age. Councilmember Blomquist moved, Councilmember Awada seconded a motion to deny a Building Move Permit to relocate a 36' X 24' one-story house and a 24' X 24' detached garage from Richfield, Minnesota to 1405 Oster Drive. Aye: 4 Nay: 1 (Councilmember Wachter opposed) EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 16, 1997 PAGE 7 00302 I'tp IlUSINESS APPOINTMENTS TO THE ADVISORY PARKS COMMISSION AND THE ADVISORY PLANNING COMMISSION Assistant to the City Administrator Duffy provided an overview on this item. Councilmember Blomquist stated that she would prefer that the openings be advertised and felt that since there were so many applicants interested in serving on the commissions the vacancies should be opened up to the general public. Councilmember Wachter and Mayor Egan stated they did not feel that was necessary and the direction given to staff by the Council was to contact individuals who had expressed an interest in serving on a commission in the past and not to advertise in the local media. A ballot vote was taken for the vacancy on the Advisory Planning Commission. Charles Thorkildson received two votes. Councilmember A wada indicated she would be willing to change her vote to Charles Thorkildson which gave him the majority of the votes. Mayor Egan moved, Councilmember Wachter seconded a motion to appoint Charles Thorkildson as an alternate member to the Advisory Planning Commission. Aye: 5 Nay: 0 By ballot, Michael Zwiefel was appointed as an alternate member to the Advisory Parks Commission. NEw BUSINESS ORDINANCE AMENDMENT TO CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING) BY AMENDING SECTION 11.21 SHORELAND ZONING Assistant to the City Administrator Duffy provided an overview on this item. Councilmember Wachter asked if the Advisory Parks Commission has reviewed and commented on this amendment to the ordinance. Senior Planner Ridley stated that staff has worked with Water Resource Coordinator Brasch and the DNR. He added that the APrC may have received this information but they did not take any action on it. Councilmember Wachter moved to defer the amendment to the Shoreland Zoning Ordinance to the Advisory Parks Commission for review. Councilmember Blomquist stated that she would also like this item placed on a Council work session for further discussion. She questioned why there were so many changes and why so much language is being removed. Mayor Egan stated that he did not feel there were that many changes and that the changes were directed by the Council. He said that the language in the ordinance was archaic and the amendment is so the ordinance will be in sync with the DNR. He reiterated that these changes have been done by the direction of the Council. He commented that he did not feel there was any need for the Council to further review this amendment. Councilmember Blomquist stated that she realized the Council directed staff to review this ordinance, but she said she was concerned with the large number of changes. Senior Planner Ridley explained that the City adopted a model ordinance at the DNR's request and that model did not fit the City of Eagan and caused conflict between the Shoreland Zoning Ordinance and the existing Zoning Code and land use control. He said that the purpose for the changes are so that the ordinance will coincide with the City's Zoning Code. Councilmember Masin stated that it would be helpful for the Council to receive the previous background information. EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 16, 1997 PAGES 00303 Councilmember Awada seconded Councilmember Wachter's motion. Aye: 5 Nay: 0 Councilmember Blomquist requested that the comments from the Advisory Parks Commission be forwarded to the City Council as soon as they are available. ~~ISTRATJVE AGENDA FINAL SUBDIVISION - LONE OAK THIRD ADDITION Councilmember Awada moved, Councilmember Wachter seconded a motion to approve a final subdivision for Lone Oak Third Addition located east of Highway 149 and south of 1-494. Aye: 5 Nay: 0 ~JTORS TO BE HEARD Charlotte Sommers, 2135 Wuthering Heights Road, stated that her property serves as drainage for Wuthering Heights Road and the gravel has been washing onto her property. Director of Public Works Colbert explained that Wuthering Heights Road is an unimproved gravel road which does not meet the current City standards. He recalled previous discussions regarding this problem. The area lacks adequate drainage facilities and the upgrading of these streets was waived during past subdivisions and lot splits. Mayor Egan noted that in the Egan Avenue area of the Country Home Heights subdivision the City has had a history of difficulty in trying to maintain the gravel that would constantly wash away onto the park land and other private property. Director of Public Works Colbert stated that staff would look into the problem on Wuthering Heights Road. ~MINISTRATIVE.AGENDA PROJECT 707 (fH 149 & LONE OAK PARKWAY - SIGNALIZATION) Councilmember Blomquist moved, Councilmember Awada seconded a motion to approve plans and specifications for Project 707 (TH 149 & Lone Oak Parkway - Signalization). Aye: 5 Nay: 0 (See first item under "Roundtable" for further action.) ROUNDTABLE Director of Public Works Colbert stated that it was not necessary for the Council to take action approving the plans and specifications for Project 707 under the Administrative Agenda since that action was taken as part of Letter N of the consent agenda. Mayor Egan noted that the action would be rescinded. Director of Public Works Colbert stated that Wescott Road at TH 149 will be closed from September 17 through September 20 so that the railroad tracks can be lowered to alleviate problems that have been experienced by construction equipment trying to navigate a 9" to 12" bump. He said that the major employers in the area have been notified and advanced signage has been installed. Assistant to the City Administrator Duffy stated that information would be provided to the Council prior to the public hearing regarding the bonds to be issued to refinance the Cinnamon Ridge multi-family rental housing project. She noted that there would be an Executive Session following the regular meeting. Councilmember Wachter asked about the starting date of Project 668. Director of Public Works Colbert explained that they would like to start construction on this project as early as possible in 1998. He EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 16, 1997 PAGE 9 00304 stated that an agreement has not been reached with the railroad company and that could delay the project to 1999. Councilmember Wachter stated that he has observed concrete being placed under bus benches in the City and he is opposed to that practice. He moved to direct staff to enforce existing code provisions as they relate to boulevard bus benches. He said he feels the bus benches serve as billboard advertisements. Councilmember Awada stated that Councilmember Wachter's motion should also include direction to staff to explore what provisions under the Sign Ordinance might be violated as they relate to boulevard bus benches. Mayor Egan concurred. Senior Planner Ridley stated that the code prohibits the placement of structures in the public right-of-way and the only off-site signage allowed are billboards as listed on Exhibit A of the Sign Code. He said that the original direction to staff was to work with the other MVT A cities to try and draft a bus bench policy. He further said it was determined that this was not feasible since each city has different zoning ordinances. He added that they have been gathering information from other cities on how they regulate bus benches. Councilmember Masin stated that a new bus bench company has put up benches in the City and they have not worked with the MVT A. Councilmember Wachter stated that since winter is fast approaching he is concerned that the snowplow equipment may be damaged if it hits the bus benches. Mayor Egan reiterated that this situation needs to be corrected through enforcement of the City Code. Councilmember Blomquist seconded the motion to provide direction to staff to enforce existing code provisions and explore what provisions under the Sign Ordinance might be violated as they related to boulevard bus benches. Aye: 5 Nay: 0 Councilmember Blomquist requested that this matter be addressed at the earliest possible work session. Councilmember Wachter raised a concern with garage sale signs and stated there should be some communication with the public and possible enforcement regarding the removal of these signs following garage sales. He asked Councilmember Masin about the Burnsville Transit Station and the construction of residential housing nearby. Councilmember Masin said that the adjacent property was intended for residential housing. Councilmember Wachter commented on the day that was found underneath the blacktop tennis court at Rahn School. He asked about the Civic Center Campus master plan and stated that this should not be delayed too long and Councilmembers concurred that City Administrator Hedges should coordinate this process. Councilmember Masin stated that Lone Oak Days will be this weekend. She asked when City Administrator Hedges had last received a review by the Personnel Committee. Councilmember Awada said that this could be added to the list of items to be addressed by the Personnel Committee. She requested a copy of his last review. Councilmember Wachter stated that he would like to request a Public Works Committee meeting with Councilmember Blomquist. Councilmember Blomquist complimented Assistant to the City Administrator Duffy on the excellent job she did in filling in for City Administrator Hedges. Mayor Egan concurred. Councilmember Blomquist requested that old copies of the Comprehensive Guide Plan be provided for the subcommittee meeting to be held on Thursday. She mentioned that an editorial appeared in the This Week Newspaper regarding the dangerous intersection near Cub Foods. She said that staff should address this matter. EAGAN CITY COUNCIL MEETING MINUTES; SEPTEMBER 16, 1997 PAGE 10 00305 Mayor Egan noted that a letter was sent to Development/Design Engineer Gorder and staff is addressing the safety issue. Councilmember Blomquist commented on another newspaper article debating the price of progress. She asked about the trees that were found in the pond near property owned by Thomas Pederson in the Blackhawk Forest subdivision and if they are going to be removed. Senior Planner Ridley stated that the developer claims he did not put the trees there. He added that he and City Forester Hove were at the site and City Forester Hove believes the trees were probably dead and scattered on the site and that when the site was cleared the trees were pushed down the hill. He stated that City Forester Hove's opinion was that with the slope of the lots he would keep the trees there for erosion control from the pond. He added that the homeowner did not ask the realtor about these trees when he purchased the lot. He further added that the City does not have the option of forcing the developer to remove the trees. He noted that Water Resource Coordinator Brash also visited the site and indicated that the trees are a natural amenity. Councilmember Blomquist requested that the homeowner be sent a letter explaining the rationale for not removing the trees. Councilmember Wachter stated that individuals should be responsible for checking on these matters prior to purchasing a lot. OIECK REGISTER Councilmember Wachter moved, Mayor Egan seconded a motion to approve the check register dated September 11, 1997 in the amount of $1,458,415.92. Aye: 5 Nay: 0 ~J(jURNMENT The meeting adjourned at 8:20 p.m. to an Executive Session for the purpose of discussing pending litigation. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin and Blomquist, City Administrator Tom Hedges, Assistant to the City Administrator Duffy, Director of Public Works Colbert and City Attorney Jim Sheldon. September 16, 1997 Date MLK ~ 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.