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01/05/1988 - City Council Regular cc MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA JANUARY 5, 1988 A regular meeting of the Eagan City Council was held on Tuesday, January 5, 1988 at 6: 30 p.m. at the Eagan Municipal Center . Present • were Mayor Vic Ellison and Councilmembers Wachter , Egan and Gustafson. There was one vacancy in the Council due to the election of former councilmember Ellison as Mayor . Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle , Consulting Engineer Robert Rosene and City Attorney Paul Hauge. In addition , news reporters from the Eagan Chronicle , This Week, St. Paul Pioneer Press, and Minneapolis Star were in attendance . OATH OF OFFICE The first item on the agenda for the first meeting of 1988 consisted of administering the oath of office by City Administrator Tom Hedges to newly elected Mayor Vic Ellison, newly elected councilmember Dave Gustafson, and re-elected councilmember Ted • Wachter . Family members attended and a picture taking ceremony followed . • AGENDA Wachter moved , Gustafson seconded the motion to approve the agenda as distributed to the Councilmembers. All voted in favor . MINUTES December 17, 1987 - Regular Council Minutes. Upon motion by Egan , seconded Wachter , it was resolved that the minutes of the regular Eagan City Council me'bting of December 17, 1987 be approved with the exception on page 24, that the City Council at a special meeting on December 30 , 1987 adopted a motion approving expenses of former Councilmember Jim Smith incurred at the National League of Cities conference in Las Vegas in December . All councilmembers voted yes. November 23, 1987 - Special Council Minutes. Wachter moved , Egan seconded the motion to approve the minutes of the special council meeting of November 23, 1987. All voted yea. • 1 Council Minutes January 5, 1988 • PARK AND RECREATION COMMISSION 1 . 1988 Parks Improvement Program. City Administrator Tom Hedges introduced Park Director Ken Vraa who discussed with the City Council the proposed 1988 Parks Improvement Program. He reviewed the Advisory Commission recommendations providing for an ambitious program to be funded from the Bond Fund and Park Site Fund. The proposal was outlined in a Memo from Ken Vraa dated November 30, 1987 including design/build and surface development. After questions and answers , Wachter moved , Egan seconded the motion to approve the 1988 Park Improvement Program as recommended by the Park Commission. All voted yes. 2. Blackhawk Park Lawcon Grant. Mr . Vraa then explained to the City Council the status of the proposed $600 , 000 Lawcon Program for Blackhawk Park , noting that a severe funding reduction at the federal level would create changes in the funding requirements by the City. The Lawcon Funding would be approximately $145, 000 to $150 , 000 or only 24% of the proposed park development. He discussed alternates , including the Council turning down the grantor , reapplying to the State and amending the application to reduce the grant to a smaller sum to provide for reduced matching funds by the City. Mr . Hedges explained that if a $150 , 000 grant is approved , the City would be required to spend over $400, 000 of City funds . • Upon motion by Egan , seconded by Gustafson , it was resolved that the staff be authorized to negotiate with the State of Minnesota to • amend the application for the Blackhawk Park Lawcon Grant to provide that there not be in excess of $425, 000 for the project. All members voted yea . VOLUNTEER FIRE DEPARTMENT Fire Chief Southorn was present and reviewed with the City Council the recommended declaration of surplus property of a pumper truck, suction strainer device and portable holding tank, noting that they are no longer needed due to the acquisition of new equipment. Wachter moved , Gustafson seconded the motion to accept the recommendation of the fire department and declare the equipment surplus property and authorize the sale of the property to the highest bidder . All members voted affirmatively. PUBLIC WORKS DEPARTMENT 1 . Street Striping - Joint Powers Agreement. The staff recommended that the Council approve the Joint Powers Agreement for 1988 street striping and authorize the Mayor and City Clerk to execute the related documents, together with the Cities of Burnsville, Apple Valley and Lakeville. Upon motion by Wachter , 0 seconded Gustafson, it was resolved that the recommendation be approved and ordered implemented. All voted in favor . • 2 Council Minutes January 5, 1988 „ • 2. Wescott Road - Truck Traffic Restriction. Staff recommended that the restriction placed on August =-17 , 1982 , covering truck traffic on Wescott Road between Lexington Avenue and Elrene Road , because of excessive dust on the old rural gravel road segment be removed due to the reconstruction of that segment of the roadway. Egan moved , Wachter seconded the motion to accept the recommendation of the staff and order it to be implemented. All voted yes . CONSENT AGENDA The following consent agenda items were presented and it was recommended to be approved : 1 . Personnel Items . a. Police Department - Sergeant. It was recommended that James Sewald be promoted to Patrol Sergeant position effective January 6, 1988. b . Police Clerk - Additional Hours . It was recommended that receptionist/clerk Kathy Gray be approved for 20 additional hours per week in the police department during the office manager ' s medical leave . • c . Student Intern - Parks Department. Recommendation was • made by the staff that Lisa Lundquist be approved for student intern position in the Eagan Parks and Recreation Department for a period of approximately 6 weeks . 2. Holiday Station - Store License . Application was received from Holiday Station Store for service station permit and cigarette license for the Holiday Station store identified as No. 234 at 4295 Nicols Road and it was recommended that it be approved . 3. Plumber's License. Recommendation was made that the plumbers license applications for Atkins Mechanical , Inc . , Glendale Contracting, Inc . , Tom Hessian Plumbing, Inc . , Larson Plumbing , Inc . , Major Mechanical , Inc . and Voss Plumbing and Heating of Minnesota, Inc . be approved . 4. New Liquor Manager Compri Hotel . It was recommended that the new liquor manager/Compri Hotel application covering Stanley J. Kennedy be continued until the next regular meeting on January 19, 1988 to allow further review by the Police Department. 5. Stoney Point - Blackhawk Ridge - Trunk Watermain - Project #523. Recommendation was made that the Council receive the feasibility report for Project #523 and schedule a public hearing to be held on February 2, 1988 at 7: 00 p.m. at the City Hall . 3 Elm Council Minutes January 5, 1988 "14/-174 6. Woodlands and Hurley Lake - Storm Sewer Lift Stations _ • Project #525. The staff indicated that the feasibility report for Project #525 has been completed and it was recommended that the Council receive the report covering the Woodlands and Hurley Lake trunk storm sewer lift stations and schedule a public hearing for the Municipal Center at 7: 00 p.m. on February 2, 1988. 7. Kinder Care Addition - Watermain - Project #530. The next recommendation of the staff was to receive the Petition of the developer of the Kinder Care Addition and to authorize the preparation of the feasibility report for water main under Project #530 covering the Kinder Care Addition . 8. Park Improvement - Contract #87-2 - Changer Order No . 2. It was recommended by the park staff that the Council approve Contract #87-2, Change Order No. 2, for tennis hard court construction with Finley Brothers Enterprises in the amount of $20, 754. 88. 9. Eagan Royale Addition - Final Plat. The developers of the Eagan Royale Addition have submitted an application for final plat approval and it was recommended that the application be approved and signatures authorized on the plat , and further subject to compliance with all city requirements . Wachter then moved, Egan seconded the motion to approve the • consent agenda items as recommended by the staff and to authorize their implementation as presented. All councilmembers voted • affirmatively. R 88.1 See Plat File CLIFF ROAD - STREET & SEWER - PROJECT #510 - PUBLIC HEARING Mayor Vic Ellison convened the public hearing regarding Project #510 consisting of street and sewer improvements for Cliff Road from Johnny Cake Ridge Road to 1 ,300 feet west of CSAH #31 (Pilot Knob Road) , which is the westerly limit of the CSAH #31 project. Tom Colbert introduced the project and Larry Figgen , the Dakota County Highway Engineer , reviewed the proposal . Mr . Figgen indicated that the proposal would incorporate a four lane divided road with 31 ,000 cars per day, anticipated design with median breaks , right-turn only at Ridgecliff Drive , plus a few single family residences , 8 foot boulevards and 8 foot trails on each side of the road, 9 ton traffic design, concrete curb and gutter on each side, with 82 foot improved surface between curbs. He further noted a $29, 000. 00 state bikeway grant had been approved . The City' s total share would be approximately $519, 000. 00. Peter Sorenson, the County Traffic Engineer , reviewed the time 1 frames , noting the project includes an accelerated schedule and he stated the County expects most of the project will be completed in • 1988. Construction will start as soon as possible and it is anticipated that traffic on the roadway will be open by mid-Summer 1988 with some temporary closings of the travelled road . • 4 Council Minutes January 5, 1988 ra „- • Dave Robli , the Transportation Engineer , informed the Council that most of the right-of-way had been acquired which consisted primarily of temporary slope easement. In response to questions , he indicated that 60 of 100 parcels have been acquired on Pilot Knob Road and the balance have been condemnation. Mark Hanson, the City Consulting Engineer , then reviewed the City' s portion of the project including some major utility improvements , revision to water main improvements ,and storm sewer installation. Councilman Egan questioned the closing of the road and detours , including the dates involved. The answer was that the exact times could not be given for the total closing time and it was noted that many utility lines will have to be replaced . John Klein , an Eagan resident, was present and asked questions about the storm sewer line running north across Cliff Road to the Richard Scherer property. Ralph Linvill , one of the owners of Thomas Lake Center , also made a presentation and questioned the timing of the closing , suggesting that access to Cliff Road be open at all times with closing on a phased basis. He was told that May 1 was the expected closing date with a maximum 4 months closing . He asked that the closing period be reduced as much as possible and mentioned that the • Thomas Lake Center is expected to be open about February 1 . III There were no objections to the project. At 7: 30 p.m. , upon motion by Wachter , seconded Egan , it was resolved that the hearing be closed , the project be ordered in and that the plans and specifications be prepared . All members voted yes. DUCKWOOD DRIVE - STREETS & WATERMAIN - PROJECT #514 The next public hearing convened by the Mayor covered Project #514 consisting of street and watermain improvements on Duckwood Drive , east of Pilot Knob Road. Mr . Colbert and Mr. Hanson reviewed the project and there were no objections . After a brief discussion, Egan moved, Gustafson seconded the motion to close the hearing , to order in the project and authorize the preparation of the detailed plans and specifications. All voted yes . t . 5 Council Minutes January 5, 1988 • YORKTON 2ND ADDITION - PROJECT #521 - STORM SEWER IMPROVEMENTS • The Mayor then convened the public hearing regarding Project #521 consisting of Yorkton 2nd Addition storm sewer improvements , which improvements are located east of Highway #149. Mark Hanson followed Tom Colbert in describing the project including the proposed installation of one to three storm sewer ponds. Jim Krautkremer of behalf of Yorkton, Inc . was present and had questions about the location of the ponds. Mr . Hanson stated the location was not specifically determined and he also answered questions about the lateral assessments , whether they should be considered as trunk assessments . Steve Isaacson, an affected property owner , had questions and said he was interested in the location of the ponds , but Mr. Colbert noted that the pond would not be located on his property. There were no objections to the project. Councilman Wachter inquired about water storage and the answer was that 42.8 acre feet storage is planned under the storm sewer master plan. The drainage swales could be used to install pipes and the ponds could be enlarged in the future , according to Mr . Hanson . Wachter moved , Gustafson seconded the motion to close the hearing , to order in the project and to authorize the consulting 0 engineer to prepare the detailed plans and specifications. All voted affirmatively. • RECESS FOR EXECUTIVE SESSION At 8 : 00 p.m. , Mayor Ellison declared a recess and stated that an executive session would be held according to published and mailed notice to all councilmembers and to the public , and that the executive session would be held to consider the three lawsuits regarding the Robert and Grace O'Neil property on Yankee Doodle Road; further , that the executive session would be held in the office of City Administrator Tom Hedges . At approximately 9: 45 p.m. the Council reconvened and Mayor Ellison briefed the audience regarding the status of negotiations concerning the lawsuits. He mentioned that the attorneys were still meeting and an announcement concerning the results would be made at a later time during the course of the meeting . I, 410 6 Council Minutes January 5, 1988 ;r-} g • CEDAR CLIFF COMMERCIAL PARK 4TH ADDITION - PRELIMINARY PLAT . The Mayor introduced the application for amendment to the planned development agreement, conditional use permit, pylon sign and preliminary plat for Cedar Cliff Commercial 4th Addition submitted by the Austin Companies. Mr . Hedges reported on the Advisory Planning Commission action of August and October 1987 , noting that the Planning Commission recommended denial at both meetings. Dale Runkle outlined the project location and the details for the City Council members and interested persons present. The application had been continued at several meetings at the request of the applicant. The application provided for a 1 .83 acre one-lot plat located on the north side of Cliff Road between Cliff Drive and Scott Trail and is currently a portion of Outlot A of the First Addition. A 15,170 square foot automotive service center would have four main tenants with single access for Cliff Drive matching that of the shopping center to the west that would serve the site . Ray Williams, a representative of the applicant, was present and indicated that all landscaping requirements had been exceeded . Mayor Ellison asked for clarification why the Advisory Planning Commission denied the application at its August meeting. Mr . Runkle answered that the Planning Commission members determined that the area should not be developed with the proposed uses . S Councilman Egan reflected that originally the neighbors objected he uses as discussed , however , a petition was received from property owners in the neighborhood supporting the proposal . Vernon Colon of Federal Land Company was present and expressed objection to the application, noting the intent of the original PUD should remain. Egan moved to approve the application for planned development amendment. Gustafson seconded the motion. Those in favor were Ellison, Gustafson and Egan. Against was Wachter . Egan moved, Gustafson seconded the motion to approve the application for preliminary plat, subject to the following conditions : 1 . All standard platting conditions shall be adhered to . 2. No exterior storage, sales or displays shall be permitted . 3. No roof top mechanical equipment shall be permitted . • 7 Council Minutes January 5, 1988 r. • 4. The pylon sign shall be no taller than the Cedar Cliff Shopping Center sign and contain no more than 125 square feet of signage per side . All building mounted signage shall be compatible and uniform in size. All signage shall be subject to the one-time sign fee of $2. 50 per square foot. 5. The detailed landscape plan shall be submitted on a grading plan. The financial guarantee shall not be released until one year after the date of installation. 6. 26 employee parking stalls with a 9 foot width shall be permitted . 7. The development shall be responsible for the cost of construction of the required storm sewer to convey the runoff from Lots 1 and 2 into the existing storm sewer system in Scott Trail when the outlet for Pond AP-50 is constructed. 8. The proposed pond base elevation shall not be more than three feet below the controlled water elevation of the ponding area . 9. The development shall modify its proposed site plan to provide adequate room for turning maneuvers of tractor/trailer-type unit . • 10 . This development shall also comply with the most recent requirements of the standard conditions of approval as adopted by • Council action . All voted yes except Wachter who voted no . Egan then moved, Gustafson seconded the motion to approve the application for conditional use permit. All members voted in favor except Wachter who voted against. Councilman Wachter expressed his support of the reasons cited by Planning Commission members. See Plat File LAURENT 1st ADDITION - PRELIMINARY PLAT EXTENSION A request was made by Mr . and Mrs. Armand Laurent for extension of the preliminary plat of Laurent 1st Addition for one additional year. The staff recommended continuance of the agenda item until the January 19 , 1988 meeting to review all platting conditions to determine whether a new staff report should be prepared due to any changes that may have occurred in adjacent land uses, etc . Egan moved , Wachter seconded the motion to approve the recommendation of staff. All members voted positively. • 8 Council Minutes January 5, 1988 STONEY POINT - PRELIMINARY PLAT • A request of Meritor Corporation that the Council reconsider condition 18 of the Council approval of the preliminary plat for Stoney Point at its meeting on August 18, 1987 was made . The condition provided that the developer would be responsible for extending the existing sidewalk located on the east side of Federal Drive along the development' s east and south side , abutting Federal Drive and Blackhawk Hills Road . The objection was that City policy provides that single family subdivisions are not responsible for sidewalk construction along a collector street. Tom Colbert introduced the request for reconsideration and noted that the minutes clearly indicate that the developer is responsible for the improvement. Larry Frank was present on behalf of Meritor and argued that the City' s policy is that assessment costs not be associated with the installation of sidewalks and trailways in single family districts . Dave Gustafson explained that due to the question in City policy, possibly the City and the developer should share the cost equally. Councilman Egan suggested that the special assessment committee review the item and Mr . Colbert stated that the Committee has reviewed and adopted a policy, and therefore the construction of the policy rests with the City Council . Councilman Egan moved to revise Special Assessment Policy #86-1 to provide that it be all encompassing for all developments and not just public improvement projects , and that condition #18 of the Stoney Point preliminary plat be removed. All councilmembers voted yes. See Plat File EXECUTIVE SESSION RECESS/O'NEIL ACTIONS At the request of City Attorney Paul Hauge, Wachter moved , Egan seconded the motion to declare a recess and that the Council move into Executive Session within the Council chambers. All voted yes. Mayor Ellison declared a recess of the City Council during which time the Councilmembers discussed the current status of the O'Neil lawsuit negotiations. After approximately 5 minutes, Mayor Ellison then reconvened the City Council but declared it again in recess to allow Judge John Mitchell of Dakota County District Court to convene the District Court session to consider the three lawsuits involved in the Robert and Grace O'Neil property and the City of Eagan. He mentioned that negotiations had taken place between the O'Neils, their attorneys , and the City Council and its attorneys. Chris Dietzen appearing as special counsel for the City, explained that as a result of the Executive Sessions , that the action entitled O 'Neil vs . City of Eagan regarding land use , and the assessment appeal brought by the O 'Neils for storm sewer purposes , both were expected III to be settled on the basis of a stipulation that would be drafted by the parties and submitted to the District Court for approval and order . Jerry Duffy, attorney for the O'Neils also appeared and . agreed with the conclusions on behalf of his clients . 9 Council Minutes January 5, 1988 • • Judge Mitchell announced that the trial of the zoning action would be extended beyond January 11 , 1988 until the Stipulation is submitted for approval by the Court. The Dakota County Court session was then adjourned after approximately 7 minutes , and Mayor Ellison commended Judge Mitchell for being willing to come on a precedent setting venture to the City Council chambers, noting that Judge Mitchell had been in the City Hall for approximately 3 hours. Councilman Egan and Councilman Wachter also commented on the results in the negotiations and all councilmembers were in favor of the settlement terms. COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION City Administrator Hedges introduced the Community Block Grant application, stating that Dakota County is an entitlement county for block grant funding and shares funding with Apple Valley and Burnsville. Dale Runkle , City Planner , noted that a decision was reached by representatives of the three communities , recommending the City of Eagan be given most of the funding for 1988 to secure a site to purchase a multiple housing , elderly site within the City . Mr . Runkle also reported that $45, 000. 00 was allocated to study the Transit Opt-Out possibilities for Apple Valley, Burnsville and Eagan . III Mayor Ellison asked whether the City was locking itself into the money in the current proposed form. Mark Ulfers , the Dakota County HRA Director , answered that the City was doing so according to Federal regulations . Mr . Gustafson asked whether the City will be a fee owner and the answer was that generally, that the County HRA is the owner of such projects . He also asked whether the City could turn the project over to the private sector for developing , and Mr . Ulfers noted that there is several alternates , including private ownership, HRA ownership or a non-profit corporation model. Mr. Ulfers also, in response to a question, explained that the future of that program includes an expected decrease . in small annual amounts in future years. Mayor Ellison recommended that the money be kept in a separate fund . Egan moved , Wachter seconded the motion to approve the Community Development Block Grant funding program recommended by the representatives of the three communities to provide for acquisition of the senior ' s housing site during 1988 in the sum of $215, 000. 00 and $45, 000. 00 to study the Transit Opt-Out possibilities through • the three Cities , and to approve the Resolution regarding the proposals. All voted yes . • R-88.2 R-88.3 10 Louncii minutes January 5, 1988 ROYAL OAK CIRCLE APARTMENTS - ASSESSMENT LEVY REQUEST A request was made by Richard Asp, one of the owners of the Royal Oak Circle Apartment project to extend the special assessment spread from 5 years to 15 years for the Royal Oak Circle Apartment project. Mr . Hedges explained the precedent issue , noting that the current policy is to provide a 5 year spread for commercial projects. The possibility of a cash flow problem if the extension is granted and also the potential request of other apartment developers were issues . Bryan Webber , the VP of Can-American Realty Corporation , a half- owner of the project, appeared and indicated that negotiations with the lender are based on a 15 year levy and Can-American did not acquire notice of the assessment hearing to appear in response to the 5 year proposal originally. He mentioned that assessment payments are $55, 000 to $57, 000 per year on a 5 year basis , but $27, 000 per year spread over 15 years . He noted the importance to the debt service program and said there was no economic detriment to the City if the request were granted . Mr . Colbert on the other hand , responded that the trunk area water assessments were inadvertently not assessed several years ago. ilo , He asked Richard Asp, who was also present , whether the developer intended to sign a waiver of hearing regarding the water trunk area for the second phase. Mr . Asp stated that the developer would sign • such a waiver . Councilman Wachter was opposed to the request for the extension because of the possibility of other developers requesting the same treatment. Wachter moved , Ellison seconded the motion to deny the revised levy request for reasons stated above. All members voted in favor . Mr . Hedges then asked direction from the City Council regarding a further request of the developers that the City Council authorize a tax increment district for the Royal Oak Circle second phase . The item was not on the agenda and all Councilmembers indicated their opposition to tax increment .financing for the project. • CONTRACT #86-7 - O 'NEIL POND TRUNK STORM SEWER - The final request for q payment from Northdale Construction Company in the sum of $11 , 201 .77 for Contract #86-7 consisting of trunk storm sewer improvements for the O 'Neil pond area was submitted and recommended to be approved . Wachter moved , Gustafson seconded the motion to accept the project for perpetual maintenance . All members voted yes. • 11 Council Minutes January 5, 1988 :S' fr4r k _,ata • • DEERWOOD DRIVE - CONTRACT #86-6 The request of M. Danner Trucking , Inc . in the amount of $21 ,128. 32 as the 8th and final payment for Contract #86-6 regarding street and utility improvements on Deerwood Drive was then brought to the Council for consideration. Mr . Colbert recommended approval and Egan moved , Wachter seconded the motion to accept the recommendation. All voted positively. HOCKEY/FREE SKATE LIGHTING - CONTRACT #87-3 The next final payment that was submitted to the staff and recommended to be approved was in the sum of $33, 642. 00 from Musko Lighting and Electric Service Company for $22 , 817 . 00 under Contract #87-3 under two separate contracts designated as a single improvement contract, which consisted of a hockey/free skate lighting project. Egan moved, Gustafson seconded the motion to accept the recommendation to accept perpetual maintenance for all work under Contract #87-3 and authorize payment as proposed. All voted in favor . PRAISE LUTHERAN CHURCH - CONTRACT #87-GG • The developer of Praise Lutheran Church requested that the 0 Council accept Contract #87-GG storm sewer improvements for perpetual maintenance , being a private contract. The staff recommended approval and Egan moved, Gustafson seconded the motion to accept the recommendation and authorize it to be carried out . All voted yea. UNION NEGOTIATIONS AND FIREFIGHTERS PENSION FUND The City Administrator suggested to the City Council that because of the fact that there would be two new councilmembers during 1988, that he prepare a detailed update regarding the status of negotiations with the Unions representing City employees , and also the Firefighters Pension Fund for review at the next regular City Council meeting . SNOWMOBILE TRAILS Mr . Hedges explained to the City Council members that during the past several years the City . Council has taken action to designate a portion of the Highline Trail on Johnny Cake Ridge Road for snowmobile use. The APRC at its meeting on December 3, 1987 reviewed the request and recommended against the continuation of • snowmobile trails on Johnny Cake Ridge Road and the Highline Trail . Egan moved , Wachter seconded the motion to continue consideration of the issue until the January 19, 1988 regular meeting. All members • voted yes. 12 Council Minutes January 5, 1988 h 111 DALLAS DEVELOPMENT 2ND ADDITION - FINAL PLAT On November 5, 1987, according to Mr . Colbert, the City Council formally approved the final plat for Dallas Development 2nd Addition. According to City Code, if final plat is not recorded with Dakota County within 60 days , the Council action becomes null and void . The developer has requested an extension because of the holidays and financial arrangements and Mr . Colbert recommended an extension for the developer to record the final plat until February 4, 1988. Egan moved, Gustafson seconded the motion to approve the recommendation. All voted aye . See Plat File JANUARY 7, 1988 - SPECIAL CITY COUNCIL MEETING The City Administrator recommended to the council that it schedule a special meeting of the City Council as designated at an earlier time by the City Council for January 7, 1988 beginning at 6: 30 p.m. to interview candidates for the vacant City Council position. In addition, the Council determined that it will deliberate concerning the candidates and that it expects to make an official appointment of the replacement for the vacancy on January 7, 1988. Egan moved , Wachter seconded the motion to designate a • special meeting on January 7, 1988 at 6: 30 p.m. and to implement the recommendations that were described by the City Administrator. All • voted yea . JANUARY 12, 1988 - SPECIAL CITY COUNCIL MEETING Upon motion by Wachter , seconded Gustafson, it was resolved that a special meeting of the City Council members be held on January 12, 1988 at 5: 00 p.m. in the Council chambers to interview candidates at City Hall who have indicated an interest in becoming members of the various City commissions and committees . All voted positively. CLIFF LAKE GALLERIA RESOLUTIONS Mayor Ellison then announced to the Council and the members of the audience that he had several motions that he intended to offer regarding the Cliff Lake Galleria Project at Cliff and Rahn Roads . A court reporter was present who apparently had been requested to be present on behalf of Ryan-Hoffman Development Partnership, as were other interested representatives of the project and other interested persons. He specifically referred to the special City Council meeting of December 30, 1987 when several motions were adopted by the members present, noting that Councilman Ellison and Councilman Wachter were not present at that meeting. He asked the City Attorney to explain his opinion regarding the validity of the motions submitted and adopted regarding the Cliff Lake Galleria • Project at the December 30, 1987 special meeting . 13 Council Minutes January 5, 1988 ocel • • Mr . Hauge explained that there are several statutory and ordinance provisions , together with Roberts Rules of Order that treat the issue of special meetings , including notices regarding agenda items. He referred to the agenda that was distributed to the City Council , inadvertently dated December 20, intended to cover the December 30, 1987 Council meeting , and there was no reference except for the term "other business" regarding other motions that would be submitted at the meeting. There are provisions regarding 3 days posted , mailed or delivered notice including purpose of the meeting , and a 24 hour actual notice provision. He stated that it was his opinion that it would appear that the purpose of the meeting must be stated whether under the 3 day provision or the actual notice provision requiring only 24 hours , recognizing , however , that there may be other opinions whether adequate notice regarding the Cliff Lake motions was provided to the Council members. Councilman Ellison discussed the DNR agreement that was allegedly approved on December 30, 1987 and stated that the staff and City attorney' s office had not had an opportunity to review and amend the draft agreement. He stated he understood there were 7 conditions that the planning staff had requested be included in the agreement, but it was not revised . Cliff Lake - Resolution No . 1 . Ellison moved , Wachter seconded the motion to approve Resolution No . 1 , a copy of which is attached to these minutes , which Resolution in effect, approves the minutes • of the special City Council meeting of December 30, 1987 with respect to the items of business acted upon relating to the National League of Cities Conference and all matters relating thereto ; that all items of business not relating to the NLC Conference are not approved , specifically including matters discussed relating to Hoffman Development and Cliff Lake Galleria and Towers project , and that the latter items be deemed null and void and of no force and effect. George May, attorney, appeared on behalf of Ryan-Hoffman Partnership and objected to the motion, reciting City Code Section 2. 02 concerning special meetings, and also indicated that the Council had directed the Hoffman group to negotiate with the DNR for the agreement. He argued that negotiations did take place and that the draft Agreement was submitted to the City Council. Councilman Egan stated that the procedure in handling motions at the December 30, 1987 meeting was consistent with business taken at other special City Council meetings, and it was hypocritical for the Council to take action on January 5 on motions that were not noticed or placed on the agenda for the January 5, 1988 Council meeting . Those in favor were Ellison, Wachter and Gustafson; against was Councilman Egan. R-88.4 • 14 Council Minutes January 5, 1988 Cliff Lake - Resolution No . 2. Mayor Ellison then moved and • Wachter seconded Resolution No . 2 concerning the Cliff Lake Galleria project, a copy of which is attached to these minutes , which in effect directed the City Administrator to contact the developer of Cliff Lake Galleria & Towers project and advise the developer that the conceptual changes in the road layouts as approved by the City Council at its meeting on December 17, 1987, appeared to the Council to significantly impact non-street areas of the preliminary plat, and that these conditions should be addressed according to regular City procedures , and further , that future submissions should follow the City procedures. Mayor Ellison cited certain deviations in the December 17 , 1987 revised site plan from the plat approved on December 1 , 1987 , including a new road alignment , setback requirement changes and zoning encroachment into residentially zoned land. He cited condition 19 of the preliminary plat approval which provides that changes were to be reviewed by the Planning Commission and other issues that needed review by the Advisory Planning Commission. City Planner Runkle , in response to a question from Councilman Wachter , stated that the final plan received was received by the staff at noon on December 17 , 1987 and that the staff did not have time to review it in detail . Mr . Colbert stated that he expects there will be further • revisions to the traffic plan and this would be done during the more detailed design process. • Councilman Wachter reflected that he was not present at the December 17, 1987 meeting because of emergency surgery and was not allowed to vote by cable and telephone . George May, attorney, objected to the action, which he stated had not been placed on the current Council agenda, that it is a political resolution, that there were no adequate reasons cited for support of the resolution. Mayor Ellison explained that nothing was taken from the developer ; that questions needed to be answered and there was no motion being made to rescind the revised site plan. Councilman Egan objected to the motion and accused the motion of being a political maneuver . Councilman Gustafson mentioned that notice was given at the December 17, 1987 meeting that the Council would take further action in respect to the action taken by the City Council at the December 17 meeting; he further objected to the procedure of the City Council members at the December 30 meeting . He stated that the important issue is to do what is right for Eagan and stated that he had no • objection to the developers, but that certain changes were made that needed review. 15 Council Minutes January 5, 1988 , • 411 Mr . May mentioned that the final plat process offers the City a chance for final changes and review. Those in favor were Ellison, Gustafson and Wachter ; against was Egan. R-88.5 Cliff Lake - Resolution No . 3. Mayor Ellison then introduced and moved adoption of Resolution No . 3, a copy of which is attached to these minutes. Gustafson seconded the motion which in effect voided the Agreement between the DNR, Ryan-Hoffman and the City, that was acted upon by the City Council at the December 30, 1987 meeting , that a new Agreement should be negotiated and that the City Administrator contact the Minnesota EQB that the negative declaration concerning the EIS on December 17 was conditioned upon entering into the DNR agreement, and that such agreement has not been reached to date ; further to place on the agenda as an official agenda item on the January 19, 1988 City Council meeting a motion to consider rescinding the negative declaration acted on by the City Council at the December 17, 1987 meeting . Mayor Ellison stated the reasons for the motions were those stated at the December 17 , 1987 meeting , and that the methods used in approving the DNR agreement did not conform with normal City procedures. • Councilman Egan explained his objections to the motion as did Ili attorney George May who cited opposition on behalf of the Ryan- Hoffman development group. He asserted that the Council could not reconsider the EIS motion because of the EQB publication. Mr . Runkle , upon question, indicated that the then Mayor Blomquist sent a letter to the EQB authorizing publication in the EQB Monitor on December 28, 1987. Those in favor were Mayor Ellison, Councilmembers Wachter and Gustafson; against was Councilman Egan. R-88.6 Cliff Lake - Resolution No . 4. Mayor Vic Ellison' s next motion relating to Cliff Lake Galleria project with a second from Councilman Gustafson, was to retain the firm of Maun, Green, Hayes , Simon, Johanneson & Brehl to provide legal counsel to analyze the City' s current options regarding the Cliff Lake Galleria project and to help prepare for the meeting of January 19, 1988 the issues for the meeting regarding reconsideration of the EIS. Councilman. Egan objected to the hiring of special counsel . Councilman Wachter asked if special counsel was needed. Larry Guthrie of the Maun, Green office was present and gave a resume' of his firm and Councilman Egan asked which attorney would handle the issues and what rates . Mr . Guthrie answered that Bruce Odlaug , Larry Guthrie , Garrett • Mulrooney and Geoffrey Jarpe would be attorneys possibly working on the issues. In response to the question as to rates, Mr . Guthrie • 16 Council Minutes January 5, 1988 n'r indicated the rates were $90. 00 to $150. 00 per hour . Mayor Ellison • indicated that the scope of the services would be limited and not intended for litigation purposes. Mr . May objected to the proceedings regarding the Resolutions concerning Cliff Lake project and asked if copies of the Resolutions had been made available to the other councilmembers. Those in favor were Mayor Ellison, Councilmembers Gustafson and Wachter ; against was Councilman Egan . CHECKLIST Gustafson moved, Egan seconded the motion to approve the checklist dated December 31 , 1987 in the amount of $762 , 493. 50; the checklist dated January 4, 1988 in the amount of $979,017. 11; and the checklist dated January 5, 1988 in the amount of $249, 745. 84 . All members voted in favor. ADJOURNMENT Gustafson moved , Egan seconded the motion to adjourn the meeting at 12: 40 a.m. All voted affirmatively. PHH • 110 City erk • 17 R-88.4 0-+.nc"'. n EAGAN CITY COUNCIL • RESOLUTION NO. 1 Upon motion of Ellison , seconded by Wachter , the following Resolution was proposed for adoption at a regular meeting of the City Council held on Tuesday, January 5, 1988; WHEREAS, it is customary for the Council to approve the minutes of the previous meeting of the Council; and WHEREAS, the last meeting of the Council previous to the present meeting was a special meeting called pursuant to Section 2. 03 of the Eagan City Code ; and WHEREAS, pursuant to Section 2. 03 of the Eagan City Code , members of the Council were notified of the time , place and purpose of said special meeting; and WHEREAS, the stated purpose of said meeting was to receive reports from Mayor Blomquist and Councilmember Smith with respect to the National League of Cities Conference recently attended by mayor Blomquist and Mr . Smith in Las Vegas, Nevada; and WHEREAS, Councilmembers Ellison and Wachter were absent from • said meeting; and • WHEREAS, the Eagan City Code Section 2. 03 provides that special meetings may be held without notice only if all members are present or all members consent in writing prior to the beginning of the meeting and that only special meetings which are attended by all Councilmembers shall be a valid meeting for the transaction of any ( other) business that may come before the Council ; and WHEREAS, at the special meeting of December 30, 1987, certain items of business for which notice had not been given to Councilmembers and for which all Councilmembers had not consented were raised and purportedly dealt with at said special meeting; and WHEREAS, the Eagan " City Code Section 2. 04 provides that inappropriate matters may be considered at Council meetings only if there is unanimous consent of the members of the Council ; and WHEREAS, the Eagan City Code Section 2. 04 provides that Robert' s Rules of Order govern all Council meetings; and WHEREAS, Robert' s Rules of Order with respect to special meetings provide that the Council may consider only those items of business specified in the call of the meeting . • • IIINOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RESOLVED, that the minutes of the special City Council meeting of December 30, 1987 are specifically approved with respect to all items of business acted upon relating to the National League. of Cities Conference and the attendance thereof by Mayor Blomquist and Councilmember Smith and all matters relating thereto , including expense reports, and approval of expenses relating thereto . FURTHER RESOLVED, that all items of business not relating to the National League of Cities Conference are not approved , specifically including matters discussed relating to Hoffman Development, its Cliff Lake Galleria and Towers Project and any agreement with the Minnesota Department of Natural Resources . FURTHER RESOLVED, that all purported motions , approvals , or other action taken by the Council at the December 30, 1987 special meeting which do not relate to the National League of Cities matters , are hereby deemed null and void and of no force or effect. All inappropriately considered and accordingly, do not constitute actions of the Council . • The above Resolution was adopted by the City Council with 3 members voting yea and 1 member voting nay, on this 5th day of • January, 1988. Those in favor : Ellison, Wachter and Gustafson. Those against: Egan. CITY COUNCIL CITY OF E GAN • By : !c.0"�- Ea_ Mayor ATTEST: By : 4amLL Clerk • • R88.5 • EAGAN CITY COUNCIL 111 RESOLUTION NO. 2 Upon motion of Ellison , seconded by Wachter , the following Resolution was proposed for adoption at a regular meeting of the City Council held on Tuesday, January 5, 1988 ; WHEREAS, the City Council at its regular meeting on December 17, 1987 , considered changes to the road layout for the Cliff Lake Galleria and Towers Project ; and WHEREAS, The City' s approval at said meeting of the road layouts in the Cliff Lake Galleria preliminary plat concerned only conceptual changes ; and specific modifications to the preliminary plat were not approved; and pursuant to condition 19 of the original preliminary plat approval given to said project, all such preliminary plat alterations must be reviewed in accordance with regular City procedures including adequate staff and planning commission review; and WHEREAS, the City desires to advise the Cliff Lake Galleria developer expressly of each of the above matters. • NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: • RESOLVED, that the City Administrator is hereby directed to contact the developer of the Cliff Lake Galleria and Towers project and advise said developer that the conceptual changes in the road layouts as approved by the City Council at its meeting on December 17, 1987 appears to the Council to significantly impact nonstreet areas of the preliminary plat and that their revisions as well as their effects upon the remaining residential densities, ponding sizes , ratios of commercially developed properties versus high density property, and compliance with the conditions attached to the preliminary plat approval given on December 1 , 1987 by the Eagan City Council shall be addressed according to regular city procedures , including adequate staff and planning commission review. The developer shall provide City staff advance notice and copies of all documentation well in advance of requested reviews and/or approvals. FURTHER RESOLVED, that the City Administrator is hereby directed to notify the developer that future noncompliance with or circumvention of time requirements of City review and approval procedures cannot be further tolerated and that submissions not presented timely to the Planning Commission and/or this Council for consideration in connection with • requested approvals will be denied . • • 7:ati,('! iii,,q ti • The above Resolution was adopted by the City Council with 31'71'-'71 members voting yea and 1 member voting nay, on this 5th day of January, 1988 . Those in favor : Ellison, Wachter and Gustafson. Those against: Egan. CITY COUNCIL CITY OF E GAN By: L z (1, ef� Mayor ATTEST: By C erk • • • R-88.6 ,-, EAGAN CITY COUNCIL ` ' ` • 411 RESOLUTION NO. 3 Upon motion of Ellison, seconded by Gustafson, the following Resolution was proposed for adoption at a regular meeting of the City Council held on Tuesday, January 5, 1988; WHEREAS, the City Council at a regular meeting held on December 17 , 1987, adopted a motion negatively declaring a need for an Environmental Impact Statement in connection with the Hoffman Development Group' s Cliff Lake Galleria and Towers Project . Said negative declaration was premised upon a firm and binding commitment set forth in a letter dated December 16, 1987 from the developer ' s attorney, David C. Sellergren , to Dale Runkle of the City of Eagan and Thomas W. Balcom of the Minnesota Department of Natural Resources ( the "DNR") to comply with all environmental protections as required by and set forth by the DNR in its letter of December 16, 1987 to Dale Runkle of the City of Eagan; and WHEREAS, Mr . Sellergren in his letter indicated that formal agreement would be adopted on or before December 31 , 1987; and WHEREAS, the DNR indicated that the written agreement was to be between the developer , the City of Eagan and the DNR and to be negotiated and signed within 30 days ; and • WHEREAS, at a special meeting held on December 30, 1987, three members of the Council purported to address an alleged agreement between the DNR and the developer but that no final vote thereon was taken and any action which may have been taken was not action by the City Council as all such related business was not properly before the Council ; and WHEREAS, it is clear from the DNR' s letter of December 16 , 1987 and the developer ' s letter agreeing to be bound by the DNR' s letter of December 16, 1987 (both of which are attached hereto and incorporated herein by reference) that the City is to be a party to said agreement along with the DNR and the developer ; and WHEREAS, the purported actions occurring at the special meeting of December 30, 1987 may have caused or lead to confusion with respect to the City's position regarding said agreement ; and WHEREAS, the City believes it is in its best interests to examine further and seek legal counsel to evaluate whether or not the City' s negative declaration concerning the EIS is proper , binding , valid and/or should be reconsidered in light of the developer ' s failure to meet its stated commitments and/or in the event of any failures of those commitments ; and • NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 410 RESOLVED, that any agreement or purported agreement between the DNR and the developer of the Cliff Lake Galleria project as of the date hereof has not been approved by the City of Eagan and any purported signatures by or on behalf of the City of Eagan with respect to any such document was without authority and is of no force and effect. FURTHER RESOLVED, that the agreement between the DNR, developer and the City of Eagan is to be negotiated in consultation with Eagan City staff with final approval resting with the City Council . FURTHER RESOLVED, that the City Administrator shall inform the Minnesota Environmental Quality Board that the City' s negative declaration concerning an EIS on the Cliff Lake Galleria Project on December 17, 1987 was conditioned upon entering into an agreement with and among the DNR, the developer and the City by December 31 , 1987 and that said agreement has not been reached to date. The City Administrator shall also take all appropriate steps to put all interested persons on notice of such deficiency, including requesting the EQB to have said statement published in the next edition of the EQB Monitor and to notify all ® persons of this deficiency who had previously been notified that the City had issued a negative declaration concerning • the EIS for the Project . The above Resolution was adopted by the City Council with 3 members voting yea and 1 member voting nay, on this 5th day of January, 1988. Those in favor : Ellison, Wachter and Gustafson. Those against: Egan. CITY COUNCIL CITY OF EAGAN BY : (;) Mayor ATTEST: By Ci Clerk _ \.. fir .�,ww/N 1u OMAN 1eN 0::::::A4.? LARKIN, HOFFMAN, DALY 8C LINDGREN, LTD. OONALD► MAN JONN O.LYMOOYI•T ." Z�« 7.1 61 �-+a,t er.a O. .Jw. ► MDANItL3eN ATTO/1}V C T AT LAW r !' eJ. C.., ANON 4„w 1iJ 1„OMO[LL R. , J NCH L el NAIAD N.Iw1[D[LL MIC MA[L T.MSSIM 1[117 WNITLOCS w J.MITCHELL .AM 5.MYLLIOAN 1300 NORTHWESTERN FINANCIAL CENTER 2000 PIPES JA//RAT TOWC JOHN..eeTT[w• J•[M J. M.OAT[•• • Art[C.QICS SON 7000 ItERX[3 AVENUE SOUTH 222 SOUTH NINTH 3TR([T C[A.11OTHwCILCN wD J.OSISCCLL PAW.S.wLV NSCTT [S P.NIL[• 3LOOMINOTON,MINNESOTA 33431 MINN[APOLIL MINN(30TA 63402 •.•uw N1eMT [N.�YLL[w AMT OA11w On•O• 1D c.•[u TELEPHONE 1512) 333-3 00 TELEPHONE 13121 33$-3310 ALAN L w11.00w al J.ACCNAM CCCCCC[M M.IMCOTTE •EWMAN JOHN OCIO T[LECOPIER 1812)33■-3102 T(LCCOPICN 16121 338-1002 uwwT J..00N C.SOIL[ J.COTLt I INC WILSON. we A.►ONSCMLCS •(TTT A.NOwNINe•TAw Of A. C. CMASLCI IL NOD(LL DANIEL I..S05L5• CMwt IETE[N. JONATHOM O.LANDS JOHN 3.•(ATTIC Bloomington T000 N.VLAT.OVICM 1.1N10A M.0'13.1211 7110TMT J.MclAN US THOMAS P.•TOLTMAN REPLY TO. JILL 1,r111 SICV(M O.LSVIM C. • O.NOWUN CSAIO A.PCTCSSON MICHAEL C.JACIIMAM LISA A.OSA? JOHN(.DIEML 0A5T A. JON S.OWIES!CWCI THOMAS I.?MAVEN .1.FLYNN A meCA NSw100€ JAMES S.OVINN MICHAEL S.COMEN TODD I.roe CEMAN O(MIS[M.MOSTON S.SOLOMON II.SCCII M. 0S J 01T1S JOHN AM.HIJON JAMES A.SALOOM •ALSO OMITTED IS w13Cen•MI December 16, 1987 Thomas W. Balcom Supervisor - Planning and Review Section Minnesota Department of Natural Resources 500 Lafayette Road .Saint Paul , Minnesota 55155 Dale Runkle City of Eagan . 3830 Pilot Knob Road Eagan, Minnesota 55122 RE: Cliff Lake Centre EAW Dear Messrs. Balcom and Runkle: As attorneys for the developers of Cliff Lake Centre, we have received . and reviewed the letter of December 16, 1987, from Mr. Balcom to Mr. Runkle. We have reviewed in detail with our client the content of the December 16 letter. This letter is a firm and binding commitment on behalf of the developer of Cliff Lake Centre to comply with all of the water quality management elements and protection measures expressed in that . letter. This binding and firm commitment and agreement will be reflected in a formal document on or before December 31, 1987. • • t • LARSIN, HOFFMAN, DALY & LINDGREN, LTD• �� j: Thomas W. Balcom _ ... 'ember 16, 1987 , . ` ' y P ge 2 . I III • . • • - . • •. ,. •ii • ' I . „ , , . Therefore , there is not a requirement for a mandatory EIS . i Sincerely yours, ar....,...1 'CC i 1 , --- Ili David C. Sel ergren,/ or LARKIN, HOFFMAN, DAL' & LINDGREN, Ltd. 11 DCS :bt3sg i cc: K. Lokkesmoe, Regional Hydrologist Dept. of Natural Resources Michael Sullivan Minnesota Environmental Quality Board • B. McHale , Ryan Construction Co. P. Hoffman, Hoffman Development Group • U I • -• • i • _. • • .. . , .. . .. . • . . . • . . . _ ... .. . .. . .. . . • _ : • . . . ,r.._. ,., -,.... - .,.:. .,... : • ..r • ,- • • • . • I OF . �... DEPARTMENT F NATURAL RESOURCES BOX , 500 LAFAM I It ROAD • ST. PAUL, MINNESOTA • 55155-40 ? III tR •ORMATION (6106-6157 • I December 16, 1987 . . • Mr. Dale Runkle City of Eagan • 3830 Pilot Knob Road • Eagan, MN 55122 Ii RE: Cliff Lake Centre EAW Dear Mr, Runkle: • We understand that the review time for submitting comments on the Cliff Lake Centre EAW has been extended by two weeks. Please accept these additional comments for the city's consideration when determining the need for an environmental impact statement (EIS) . As expressed in our December 1, 1987 letter, our major interests and concerns continue to focus on the project's potential impacts to Cliff Lake. In •iition, our consultations with the Environmental Quality Board (EQB) staff Mlle led to the conclusion that the project, as described in the EAW, requires a Sdatory EIS because it does not meet the intent of the state and local reland management controls. In order to address these concerns we met with the project developer's consultants and representatives on Thursday, December 10th. We discussed and agreed to the following water management plan elements: - All runoff from the project's impervious surfaces will be diverted to the Outlot B pond. Performance standards , monitoring, and a properly designed outlet structure for the Outlot B pond will be required so that adequate treatment of the runoff water is assured at all times. - The outlet to Cliff Lake will bypass the Outlot B pond and drain directly to the downstream drainage system, and therefore less storage capacity would be needed in the Outlot B pond. - The Outlot B pond should be redesigned to be shallower with more gradual slopes to produce aquatic vegetation which will be beneficial for wildlife and water quality. We now understand that Cliff Lake has an upstream watershed of 600 acres and that the diversion of water from impervious surfaces to the Outlot 8 pond will not significantly affect the inflow to Cliff Lake. However, to further protect Cliff Lake and its valuable fish rearing capabilities , the following shoreline iftection measures should be implemented: • AN EOUAL OPPORTUNITY EMPLOYER 'II •• • it •age 2 • - Shoreline setbacks for all structures and impervious surfaces (roads and parking areas) must be at least 50 feet, and more where feasible, to leave as much land sloping toward the lake as possible in a natural state. . - The Soil and Water Conservation District's requirements for grading, filling, and erosion control must be incorporated into the project proposer's development plans and strictly adhered to. - The Phase II office and hotel development should have greater shoreline setbacks and less impervious surface so that the total project meets the intent of state shoreland standards and Eagan 's Shoreland Ordinance. To insure that these water management elements and shoreline protection measures are implemented, a written agreement between the project proposers, the City of Eagan, and the OUR should be negotiated and signed within the next 30 days. If the agreement contains the water management elements and shoreline protection. measures as outlined above, then this would adequately addresszthe concerns expressed in our December 1, 1987 letter and would satisfy the- requirements of the EQB mandatory category rules. While these provisions would avoid the ,mandatory EIS requirement, it would not restrict the City's ability to order an S on the basis of the potential for significant environmental effects. (lank you for your consideration in this matter. Sincerely, . - • • • Thomas W. Balcom, Supervisor .... NR Planning and Review Section . ., n.... • . . : . •