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 .
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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.
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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 .
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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 .
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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 .
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• 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 .
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• 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 .
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• 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 .
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• 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.
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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 .
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January 5, 1988
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• 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 .
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R-88.3
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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.
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• 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.
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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 .
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• 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
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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
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• -
. • •. ,.
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• ' 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 •
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•
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•
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....
• . . : .
•