Loading...
11/05/1987 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA NOVEMBER 5, 1987 A regular meeting of the Eagan City Council was held on Thursday, November 5, 1987 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and Councilmembers Smith, Wachter, Egan and Ellison. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle, Consulting Engineers Robert Rosene and Mark Hanson and City Attorney Paul Hauge. AGENDA Ellison moved, Wachter seconded the motion to approve the agenda as prepared. All voted yea. MINUTES Regular Council Meeting - October 20, 1987. Wachter moved, Smith seconded the motion to approve the minutes of October 20, 1987 with the exception on page 9 relating to Engstrom's Deerwood Addition, an additional condition would include the following: The developer shall provide for an outlet at the southeast corner of the property to Pilot Knob Road, directly across from the access to the development on the easterly side of Pilot Knob. All members voted in favor. ELECTION RESULTS City Clerk Eugene VanOverb eke was present and stated that this was the highest off-year election turnout in the City, at least since 1977; and announced the 1987 City election results as follows: 6,140 votes cast of 15,514 registered voters. For Mayor: Vic Ellison - 3,878 votes; Bea Blomquist - 2,263 votes; and 9 miscellaneous write-in votes. For Council: Ted Wachter - 3,122 votes; Dave Gustafson - 3,029 votes; Jim Smith - 2,617 votes; Stephen Rosenthal - 1,511 votes; Evangeline McCollum - 780 votes; Frank Kugler - 298; and 7 miscellaneous write-in votes. Upon motion by Ellison, seconded Smith, it was resolved that the canvassing of the ballots be approved and accepted. All members voted yes. 1 Council Minutes November 5, 1987 MINUTES - OCTOBER 13, 1987 - SPECIAL MEETING Smith moved, Ellison seconded the motion to approve the minutes. All voted yea. FIRE ADMINISTRATION BUILDING Chief Building Inspector Doug Reid was in attendance and answered questions concerning the proposal for repairing the roof of the fire administration building, noting that the roof had been redone recently. Wachter moved, Egan seconded the motion to patch the roof temporarily and that the clerk advertise for bids during the late winter or spring of 1988 for a new roof. All members voted in favor. PARK & RECREATION DEPARTMENT - HIGHVIEW PARK The Advisory Parks and Recreation Commission recommended that the hockey rink and shelter building in Highview Park be removed due to the poor condition and low skater usage. Staff has recently had concerns regarding retaining the building and a report dated October 13, 1987 from Superintendent of Parks John VonDeLinde outlined alternatives and requested direction from the Council. Ken Vraa was present and indicated that vandalism and liability are important concerns. Following discussion, Wachter moved, Egan seconded the motion to remove the current park shelter building but direct the Park Department to construct a wind break. All voted yes. BLACKHAWK PARK - MERITOR CORPORATION Tom Colbert reviewed a letter from Meritor Corporation referring to a proposed development located between Thomas Lake Road and Mallard Park Addition, north of Thomas Lake Center. A request for consideration of additional assessment obligations was made, based on the proposed use of the property, rather than permitted use, noting the density would be comparable to a single family development. There was discussion concerning Eagan Assessment Policy #82-2 titled "Existing Land Use vs. Zoning" and the question by the developer was whether to plan for multiple or residential single family type use. There was no representative of Meritor present. Egan moved, Wachter seconded the motion to refer the issue to the Special Assessment Committee for review of the policy, in respect to the proposed development. All voted in favor. CONSENT AGENDA The following consent agenda items were submitted and recommended to be approved: 2 Council Minutes November 5, 1987 1. Personnel Items: a. Administrative Planning Interns. It was recommended that Michael J. Ridley be hired as an intern in the Planning Department, and that Susan L. DeMarco be hired as an intern in the Administration Department. b. Engineering Intern. The recommended intern would be announced at the next regular meeting. c. Salary Rate for Seasonal Ice Rink/Warming House Attendants. The Park and Rec. Director recommended that a revision in the rates be approved as follows: First year - $4.50 per hour; Second year - $4.75 per hour; Third year - $5.00 per hour; Fourth year - $5.25 per hour. 2. Wildwood Sanitation - License. A request from Wildwood Sanitation for refuse hauler°s license was submitted and recommended to be approved. 3. Plumber's Licenses. A schedule of 7 applications for plumber's licenses was submitted and recommended by the staff that they be approved. 4. Service Station - Cigarette License - Finaserve, Inc. The application of Finaserve, Inc. for service station and cigarette licenses at 3150 Dodd Road, consisting of the former Texaco Fuel Stop was submitted and were recommended to be approved. 5. Valley Lounge - Gambling License/Multiple Sclerosis. The application of the Multiple Sclerosis Foundation Society North Star Chapter for pull-tab gambling license at the Valley Lounge was submitted and recommended for approval. 6. Dallas Development 2nd Addition - Final Plat. The application for final plat approval of Dallas Development 2nd Addition was submitted and recommended to be approved, subject to compliance with City requirements. R87-85 7. Eagan High School Addition - Project #518. A feasibility report for utilities for the Eagan High School under Project #518 was completed and the staff recommended the report be received and that a public hearing be scheduled for December 1, 1987 at 7:00 p.m. at the Eagan Municipal Center. 8. Stuart's 2nd Addition - Final Plat. The application for final plat approval of Stuart 2nd Addition came to the council and it was recommended that it be approved. R87-86 3 Council Minutes November 5, 1987 9. Municipal State Aid Fund Transfer. The Director of Finance requested authority from the Council to transfer $39,360.00 from the Major Street Fund to the General Fund based upon the reimbursement directive of the Council in 1986. 10. Gary Campbell - Airport Relations Commission - Resignation. It was recommended that the resignation of Gary Campbell on the Airport Relations Commission be accepted. 11. Oak Cliff Addition - Easement Vacation. A request for vacation of utility and street easement on Lot 6, Block 6, Oak Cliff Addition was brought to the Council and it was recommended that the Petition be received and that the public hearing be scheduled for December 1, 1987 at 7:00 p.m. at the City Hall. The owner of the lot was present and requested that the Council allow a building permit to be issued immediately because of the late fall start. He indicated that he should not be penalized because of the error in location of the street easement, and that he be allowed to start as quickly as possible during the fall season. It was recommended, after discussion by the council, that the following stipulations be included in the approval of the building permit: a. A signed letter from neighboring owners and from the utility companies that there are no objections to the vacation. b. Acknowledgement by the City that it has no objection noting the hardship, and the City will prepare a letter for approval by the neighboring property owners and utility companies. Wachter moved, Egan seconded the motion to approve the building permit, including the foregoing two conditions. All voted in favor. Smith moved, Wachter seconded the motion to approve all consent agenda items and order their implementation. All voted in favor, except that Councilman Ellison voted no as to the renewal of the MS Gambling License for Valley Lounge. OAK CLIFF 1ST ADDITION - VACATION HEARING Mayor Blomquist convened the public hearing regarding vacation of utility easement on Lot 1, Block 4, Oak Cliff 1st Addition. Tom Colbert described the request and noted that an agreement has been signed by the property owners regarding the assumption of liability by the owner of the property. There were no objections. Egan moved, Wachter seconded the motion to close the hearing and to approve the vacation of utility easement, subject to compliance with City requirements. All councilmembers voted yes. 4 Council Minutes November 5, 1987 ter' TOWN CENTRE 70 & 100 - PROJECT #519 The public hearing regarding Town Centre 70 and 100 under Project #519 for streetlight improvements, was convened by the Mayor. The affected owners requested a delay until December 1, 1987 to review various alternates. Egan moved, Ellison seconded the motion to continue the hearing until December 1, 1987 at 7:00 p.m. All voted affirmatively. MANOR LAKE ADDITION - PROJECT #520 The hearing regarding trunk utilities for Manor Lake Addition, under Project #520 was then convened by the Mayor. Tom Colbert introduced the project and Mark Hanson reviewed the feasibility report for the utility and street improvements. It was noted that the EAW would be required because the trunk sanitary sewer will exceed 500,000 gallons per day. Several property owners to the south of the parcel were present and had objections, including Bill Willmus and two other property owners on the east side of Highway #3. There was discussion, however, about the potential extension of the sanitary sewer southerly and easterly. After discussion, Ellison moved, Egan seconded the motion to close the public hearing and approve Project #520 and to authorize the preparation of detailed plans and specifications and Environmental Assessment Worksheet. All members voted affirmatively. CUTTERS RIDGE ADDITION - PROJECT #512 The next public hearing convened concerned Project #512 consisting of trunk utilities for Cutters Ridge Addition. Mark Hanson reviewed the feasibility report for Project #512 and it was noted that the preliminary plat for Cutters Ridge Addition was processed and approved. James Horne, a neighboring property owner to the north was present and objected to the fact that a 230 foot easement to the north must be acquired for sanitary sewer purposes and the developer had not contacted him regarding the acquisition. He noted that he had purchased a triangular parcel from Meritor Corporation to the north for $30,000.00 and that Meritor proposes to purchase the Cutters Ridge project, and they will now need to acquire an easement. Mr. Horne indicated that he wished to determine whether to construct the improvements privately. After review of the project, Smith moved, Egan seconded the motion to continue the public hearing until the November 17, 1987 meeting at 7:00 p.m. at the City Hall. All members voted yes. 5 Council Minutes November 5, 1987 POND AP-50 - PROJECT #452R - STORM WATER OUTLET The next public hearing convened by Mayor Bea Blomquist concerned the proposed storm water outlet from Pond AP-50 under Project #452R located directly north of Cliff Road and east of Scott Trail. Mark Hanson explained that a hearing had been held at an earlier time and detailed the revised location along Cliff Road and Rahn Road for the storm sewer outlet, in order to allay objections of Federal Land Company regarding the proposed original location. Charles Bartholdi appeared for Federal Land Company and stated that about 35% of the proposed assessments would be on Federal Land property and 50% of the improvements. He mentioned that there are unresolved issues including assessments and easement acquisition and requested a continuance until the Spring of 1988 for Federal Land to prepare development plans. Councilman Egan suggested that pending action be held in abeyance until all issues were resolved. Mr. Colbert noted that Federal Land had asked that the City realign the project and also understood that there was consent to dedicate the necessary easements. Mr. Bartholdi commented that the location and the size of the pond and the lateral storm sewer assessments were improvement issues. Martin Colon also appeared for Federal Land Company and stated the City should not have granted building permits for the two office buildings to the west and that it is important that the development issues be resolved. Egan moved, Wachter seconded the motion to continue the public hearing until December 1, 1987, and that if the issues are not resolved by that time, that the staff then make a recommendation as to delay of the project. All voted yes. BEAUTIFUL SAVIOR LUTHERAN CHURCH ADDITION - RECONSIDERATION A request for reconsideration was submitted by Beautiful Savior Lutheran Church of one of the final plat approval requirements consisting of condition 4, requiring that the church relocate its present unapproved driveway access to a location opposite the main driveway entrance for the Pines Condominium on the north side of Berry Ridge Road. Tom Colbert went into a detailed background and reviewed letters from the staff and from representatives from Beautiful Savior Lutheran Church. Darrell Isebrand appeared for the church and noted the reasons for the request for reconsideration were financial, including the fact that curbing has generally been installed and also discussed the proposed service road on the west of the plat. 6 Council Minutes November 5, 1987 +.A Mr. Colbert explained that the architect had had information from the staff and also the access was 30 feet off of the original plan. Mr. Isebrand acknowledged the mistake and asked for reconsideration and also that the Council allow access to the frontage road. Councilman Egan moved, Wachter seconded the motion to approve the request for access to the service road on the west along Pilot Knob Road. All voted in favor. Egan moved, Smith seconded the motion to deny the request for reconsideration of the location of the access to Berry Ridge Road because of the offset problems with the access to the Pines Condominiums on the north side, and the safety problems that would result. All councilmembers voted affirmatively. SIENNA CORPORATION - BRIDLE RIDGE 1ST ADDITION - VARIANCES An application was submitted requesting a 10 foot front yard variance to allow front setback of 20 feet for numerous lots in Bridle Ridge 1st Addition by Sienna Corporation. A letter had been received from Rod Hardy requesting a continuance to the November-17, 1987 meeting to allow the City Council members or Public Works Committee to view the proposed variance locations. Smith moved, Wachter seconded the motion to approve the continuance to November 17, 1987 and it was understood that the Public Works Committee will review the project on November 6, 1987 at 3:00 p.m. on the site. All members voted yes. .CLIFF LAKE GALLERIA & TOWERS - PRELIMINARY PLAT At 8:30 p.m., Mayor Blomquist then announced that the next item on the agenda concerned the application of Hoffman Development Group for preliminary plat approval of Cliff Lake Center, called Cliff Lake Galleria. Mr. Hedges introduced the project and explained the background ,-including the Advisory Planning Commission meetings in August" and" in October, and noted the Advisory'Planning Commission tecommended denial of the application for preliminary plat approval and approved motions to take no action on the Comp Guide or Planned Development'amendment. -Dale Runkle then described the 'proposal,;`including the bommercial"area and high density areas, and in addition, portrayed a new display prepared by the staff, to indicate the acreage within the 99'acre parcel', south of the;highline. This included, according to-staff computations, 60.5,"gross acres commercial., 9.7acres-;lake, and 3:8 acr'es' on-site right-of-way for- a net of about` 47•acres of Commercial ` use. ' He-'noted `-that'-onSeptember 15, 1987, the City 7 Council Minutes November 5, 1987 Council requested a new EAW be prepared which is now in process and that the 30 day comment period will end early in December. He further indicated that a representative of Short, Elliott, Hendrickson, namely Bob Byers, was present in the audience. City Attorney Paul Hauge was asked to make a presentation in regard to his letter of October 22, 1987 addressed to the City Administrator with conclusions and recommendations to questions asked by the Advisory Planning Commission and City staff. He noted a court reporter was present in the audience recording the Cliff Lake Galleria application proceeding, and reviewed some of the conclusions in his letter, including the following: 1. Is the underlying CSC zoning controlling or should the PD control? The recommendation was that the PD zoning should take precedence over the underlying CSC designation. 2. Do the City regulations require an amendment to the Planned Development or rezoning when there is a revision to the boundaries or uses within an approved PD. The suggested answer was where there is substantial revision to the boundaries or uses within an approved PD, the City should require the implementation of the amendment procedures, including 2/3 vote by the City Council. 3. Given the present proposal, should the rezoning process be implemented for an amendment to the Eagan Hills West Planned Development, and the answer was yes; and also, that a comp guide revision should be accomplished given the present plan. David Sellergren, attorney for Hoffman Development Group, introduced the representatives of the developer, and then made an extended presentation beginning at 8:45 p.m. He also noted that there were numerous exhibits that he would be reviewing during the presentation. 266,000 to 286,000 square feet of Commercial space is planned, plus the potential square footage of the outlots which would bring the commercial development up to 325,000 square feet. He mentioned that there was no substantial disagreement with the staff calculation of acreage, and acknowledged that the zoning map did indicate PD but argued that it was CSC and R-4. He further argued that the properties had been treated as Commercial since 1979 and noted on one diagram, that a small area in the northwest corner was proposed by the staff to be increased in assessments, if the property is changed to Commercial from Residential use. He overlayed certain diagrams over PD Exhibits B and D, and suggested that if the curvilinear interior street was required, that Beaver Dam Road should also be extended southerly. He showed the plan for the entire parcel south of the east-west road with trees and landscaping, including site line diagram, noting that all rooftop units would be screened. He also portrayed the architectural treatment proposed. 8 Council Minutes November 5, 1987 He described the traffic distribution, noting that Rahn Road would decrease from 7% to 3 1/2% of the total traffic. Another diagram indicated the parks next to the industrial or commercial use throughout the City and noted similar locations where commercial development existed adjacent to park land, and in addition, adjacent to schools. He also argued that CSC zoning predated identification of Rahn Park for park purposes. The staff, City Attorney and APC, according to Mr. Sellergren had insisted that the developers must comply with Exhibit D of the Planned Development Agreement. At that stage, Mr. Sellergren then introduced a proposed revision which would reduce the square footage by 40,000 square feet, the Cub store would be moved within the Commercial area to the east side of the curvilinear street, there would be the same amount of impervious lot coverage, the trail linkages would work, there would be drainage revisions with two ponds on the west, to be increased in size, the Target development would be the same, there would be two openings to the lake and in addition, the proposal was that Beaver Dam Road not be connected to the south, according to the SEH recommendation. The east-west road would provide for a T-intersection at Rahn Road and the northwest corner would-be developed for residential use. Part of the northwest corner parcel would be green area, so that the Commercial area would not increase. He mentioned that the preliminary plat layout would conform with Exhibit D of the PD Agreement, acknowledged that the Planned Development Agreement is binding and stated that the owner had paid $3 million in taxes, assessments and dedication for the entire planned development. Mr. Sellergren contended that the Cedar Cliff Center gas pump application was not noted for rezoning, but required an amendment to its Planned. Development. His conclusion was that the developer could proceed with the second plan, because there was no planned development or comp guide change required in any event. All road right-of-way will be granted as required and he contended that the case. law provides that when paying the tax on a commercial basis, that.it is very important and it was his contention that the bulk of the property had been assessed at the commercial rate, including the parcel at the northwest corner. He further noted that the developer will':-comply with the traffic _and .transportation construction requirements, but argued that the free right-hand turn at the south entrance from I-35E to Cliff Road should not be a condition of the project. in conclusion,. he requested approval of'the preliminary plat.-in compliance-with Exhibit B,.< contending that the' property had been taxed and assessed according. to Exhibit-B,,-the '.plan is reasonably consistent with Exhibit B, the-"plat and the site plan comply with 9 Council Minutes November 5, 1987 the ordinance generally, the City has not treated the curved street as a zoning boundary, that there are other instances where the planned developments have been changed without amendment, and also requested removal of conditions of 1, 2, and 19. His presentation ended at 9:35 p.m. The Mayor then opened the floor to the audience and a number of persons made presentations. Kim Hoffman appeared and stated the Planning Commission had indicated the proposal was not appropriate and opposed the project, including the fact that it was across from an elementary school. Marilee Reed from Cinnamon Ridge stated there was no provision for handicapped persons and it would be a good location for commercial and also good for the economy in the area. Jerry Brill, Jr., an attorney, appeared on behalf of Cornwell, Klohs & Thorson, the owners of the Bieter Company property and argued strongly against the project. He noted that the Met Council had rejected the guide plan designation CPD portrayed by the applicant and further indicated the following: 1. The plan requires rezoning. 2. The PD Agreement is not ambiguous and Exhibit D is the land use, which is of primary importance. 3. As to whether the proposal is a substantial change, he argued about 10 acres with 100,000 square feet is a substantial revision. 4. if the plan did conform with Exhibit D, he and his clients would not be appearing in opposition, but such a plan has not been submitted to the City officially at the present time. 5. The City Council should not act on the plat until the 30 day EAW comment period has expired. Mr. Brill also contended that the actual amount of real estate taxes and assessments were as follows: Real Estate tax - $126,450.00; Assessments - $47,018.00 for a total of $173.469.00. He argued that the owners had the benefit of the tax based on agricultural classification, which is a favorable rate. Dennis Anderson favored the site and stated that there would then be access to major retailers with a desirable park, that this property would be developed commercial in any event, Rahn Road traffic would be cut back to 3 1/2% of the total traffic, and the developer has tried to work with the residents. 10 Council Minutes November 5, 1987 Mitzie Miller was concerned about traffic and the need for numerous changes in the various area roads, and argued against the project. Jane Svien, who lived at the corner of Shale and Rahn, argued that her property value would be greatly diminished and she indicated she was told that the property was zoned for community retail and office, that Shale Lane would become a heavily traveled street, the school will be affected, there will be noise, trash, traffic problems, parking, and safety problems. Michelle Clauson of Badger Court stated that the Mayor had indicated that the Land Use Plan should protect the neighborhood and argued that the Council should not be intimidated by the developer. Gary Ingalls, who had lived on Rahn Road since 1965, mentioned the traffic as his main concern and the proposal increases the traffic substantially. Terry Stordahl opposed the plat and noted that she had seen an Exhibit D plan at a neighborhood meeting. Robin Freiberger asked about the height of the proposed hotel which, according to Mr. Sellergren, would be 6 to 8 stories. John Klein reviewed the diagram regarding parks adjacent to schools and parks and stated that the developer's presentation was in error and that none were adjacent to major streets, as proposed at the Cliff Lake site. Debra Ingalls stated that the neighbors' concerns had been brushed off and objected to the proposal. Kathleen Vogtman argued that there would be problems with young people at night and trash would build up substantially around the site. Verda Christensen was opposed to the project, including the size of the center. Steve O'Gara suggested the Council not be threatened by a lawsuit. Stephen Rosenthal had concerns including economics and traffic and argued that in 1969, the project was intended to be much smaller and he opposed the project. Brent Kingsbury voiced opposition to the large scale of the project, the height of the hotel and the decrease in property values. 11 Council Minutes November 5, 1987 Brian Nelson supported the project because he indicated there would be a large amount of taxes that would be paid and would also provide a substantial shopping center. Leslie House favored the project and was opposed to more strip centers. Paul Taylor who lived on Heine Strasse discussed the potential lawsuits and was against the proposal. Ivan Christensen stated that the Hoffman Developers had invited only residents on one side of Rahn Road to a neighborhood meeting. It was his opinion that Hoffmans were trying to divide the neighborhood. Lynn Thielen favored the proposal and noted that she was not from the neighborhood and stated it would draw additional tax dollars. Target would be an advantage and the land would be developed Commercial in any event. Lisa Mattocks recommended the Council keep the best interest of the neighbors in mind, and opposed the project. Sharon Stone from Rahn and Shale, was concerned about the City not shoveling sidewalks and stated it would create a problem for children. Tom Klein who lives on Blackhawk Road was opposed to the project citing a series of issues including the need to rezone, the proximity to parks, the high traffic level, safety, the center is more regional than neighborhood projects, visual aesthetics would be negatively impacted, the lake ecology would be destroyed and also the serious traffic increase on Blackhawk Road. Mark Miller was not for or against but suggested the Council should use caution in turning it down. James Hatlestad was opposed and Paul Noterman argued it was the wrong location for a Target store. The meeting was then opened to comments from members of the Council and Councilman Wachter had concerns about trees and whether they'll survive. He asked how much money had been paid to the developer by MnDOT for the I-35E taking and suggested that Target and Cub representatives meet with the City Council and the Advisory Planning Commission before going through the process of locating the site and then submitting an application. He stated the most important issues were the rezoning and comp guide changes. 12 Council Minutes November 5, 1987 the first time at the Council meeting, the Advisory Planning Commission had not had a chance to review, that there appeared to be need for EAW revisions, and recommended that it be sent to the Planning Commission. Those in favor were Ellison and Wachter; those against were Blomquist, Egan and Smith. Councilman Smith then moved, Egan seconded the motion to refer the Plan B, that was submitted at the Council meeting, to the Advisory Planning Commission at its regular meeting in November for recommendation in order that the City Council could act upon the preliminary plat proposal on December 1, 1987, noting that it was consistent with the prior planned development provisions, with the understanding that the developer would consent to extension of action by the council on the application for preliminary plat until the first meeting in December, 1987. Mr. Sellergren agreed with the extension. At 11:50 p.m. all councilmembers voted in favor. SEE PLAT FILE EAGAN HIGH SCHOOL - COMP GUIDE PLAN AMENDMENT, REZONING & PRELIMINARY PLAT The application of School District #196 for Comprehensive Guide Plan amendment and rezoning of approximately 90 acres from A (Agricultural) to PF (Public Facilities), comp guide amendment Public Facility use, and preliminary plat containing one platted lot and two outlots, located in the southeast quarter of Section 23, next came to the Council. A public hearing was held at the October 27, 1987 Advisory Planning Commission meeting and recommendation of approval of all applications, was given subject to the conditions attached to the preliminary plat approval. In addition, the applicant applied for a grading permit in advance of the final plat to facilitate completion of the facility for a Fall 1989 opening. Dale Runkle described the proposal, and Dr. Tom Wilson introduced the application. He noted that the proposal included a 430,000 square foot building, the EAW is in process and the comment period would end November 20, 1987, with no construction on the site until the EAW process is completed. The project would include the Dakota Hills Middle School and Eagan High School and he strongly commended the staff for their assistance. Ted Rozeboom of HGA Architects was also present and noted it was the largest public education project in the state, other than at the University of Minnesota. He noted that the architects are overlapping the design and construction stages and discussed the sharing of facilities with the Eagan Parks system. He described in detail the athletic field along the east side, including the berm and evergreens along Braddock Trail. He recommended the lighting be increased to 120 feet in height creating less light spillage. The stadium will be sunk somewhat below ground level. 15 Council Minutes November 5, 1987 r, Mr. Sellergren noted there is a mixture of permitted zoned uses within the proposal. Councilman Smith had questions about the 1969 CSC zoning, and it was noted that the number of square feet of commercial available was 400,000 to 550,000 square feet, according to Mr. Runkle. The proposal provides for 745,000 square feet of Commercial use. Forest Russell of Target stores, was asked why Target did not make an earlier contact with the City for its location. He noted that the Diffley site was the site that was preferable to begin with and when zoning was denied, that it then suggested changing to the Cliff Lake site. Councilman Egan asked why the northern sites would not be acceptable and Mr. Russell stated that only the Diffley and Cliff Lake sites were logical, for reasons including access and visibility. Councilman Ellison asked whether the current site would be logical, noting that most Target sites were along major county roads. Mr. Russell answered that the proposed accesses would be workable at Cliff Lake. He stated that Target generally prefers to be in a strip or regional center but can be located on other sites. Bill McHale of Ryan Construction stated in answer to a question, that the developer is not interested in the Federal Land site mainly because of access. Martin Colon was present and argued that Town Centre has excellent access. Ellison then moved, Wachter seconded the motion to return the proposal for the second plan to the Advisory Planning Commission. The motion was then withdrawn and there was discussion concerning consent from the developer for continuance of the decision on the preliminary plat. Mr. Sellergren stated that if the Council would send the request for Plan B approval to the Planning Commission for hearing at its November meeting, that it would consent to the continuance, provided that the Council hears the application at its first meeting in December. Councilman Ellison asked whether the EAW should be revised, and it was suggested that amendments to the EAW may be provided. Ellison made an amended motion to deny the application and encourage the developer to reapply with the Exhibit D Plan. Wachter seconded the motion. Councilman Egan noted that there was no increase in the impervious surface under the Plan D proposal, there was, less square feet and possibly less environmental impact. Councilman Ellison stated that the proposed Plan B was submitted for 14 Council Minutes November 5, 1987`x,` Councilman Egan had questions of Bob Byeres from SEH, including page 54 of the SEH report and asked what mitigation measures would be required beyond those normal requirements. Mr. Colbert stated they have not identified all required traffic improvements and financing methods could vary substantially with several sources. Mr. Sellergren stated that the developer will pay its fair share for long-term and short-term transportation improvements. Mr. Egan also had a question concerning increase in traffic and Mr. Byers answer was that they have not included all factors concerning traffic volumes, both existing and anticipated, and that future study will provide further information. The report regarding Rahn Road did not provide a recommendation as the developer alleged, according to Mr. Byers. It only suggested alternates. One alternate would reduce Rahn Road as a through street, but would cause an increase in traffic. In answer to another question, Mr. Byers indicated that the traffic did not appear to be of such magnitude that it would require major mitigative measures for park and school. Restricted parking along Rahn Road was also discussed. Mr. Sellergren stated that the commitment of the developer would include the following: 1. It will share the cost of the off-street park parking in conjunction with the required park contribution. 2. It will fence the ball diamonds. 3. Right-hand turn lanes from Cliff Road will be installed by the developer. 4. The east-west road will be entirely developed at the developer's expense. 5. The Park Committee recommendations were agreeable, including a.. sidewalk along Rahn Road. Councilman Egan then asked Paul Hauge whether plan II would conform with the 'Planned Development, and Mr. Hauge's answer was that the Planning Commission and the staff should review the revised plan. -,Mr. Runkle noted that he had seen the plan for the first time that day and had made no specific recommendations or detailed review Councilman Ellison-then noted that the new plan appears to avoid the need for rezoning and indicated that it was his opinion that the proposal would provide for 100% CSC use, and that the Planned Development requires a combination of uses. He suggested the Planning Commission should review the new plan. 13 Council Minutes November 5, 1987 Councilman Wachter stated that he lived in District #196 all of his life and was very honored to move to approve the Comp Guide amendment, seconded by Blomquist. All members voted in favor. There was a question about Police Captain Geagan's comments regarding parking, and Dr. Wilson addressed the issue. He stated that traffic on Braddock Trail will not be able to watch the games in the stadium, the adequacy of parking had been addressed, and security detection equipment will be installed around the building. Wachter then moved, Blomquist seconded the motion to approve the application for rezoning as requested. All members voted yes. Wachter further moved, Blomquist seconded the motion for approval of the preliminary plat application, and in addition, a grading permit, subject to the following conditions: 1. That the City staff and school district staff will try to arrive at an overall site plan for recreational and athletic facilities which will most efficiently and effectively satisfy the concerns of the Eagan residents. 2. The standard plat conditions shall apply. 3. The proposed modifications to the temporary drainage plan proposed to accommodate the construction of the actual high school/middle school building are required in accordance with the staff recommendations outlined in the staff report prior to issuance of a grading permit. All councilmembers voted affirmatively. SEE PLAT FILE CUTTER'S RIDGE 2ND ADDITION - REZONING & PRELIMINARY PLAT The application of Graham Development for rezoning from A (Agricultural) to R-1 (Single Family) and preliminary plat approval of Cutter's Ridge 2nd Addition was brought to the City Council. Dale Runkle detailed the project, including the fact that the Planning Commission recommended approval of both applications. The plat would consist of 11 lots and 4.35 acres that also includes the 1.35 acre outlot A in the First Addition. There had been discussion earlier in the meeting regarding the sanitary sewer line to the north and there were no objections. Egan moved, Wachter seconded the motion to approve the application for rezoning. All members voted yea. 16 Council Minutes November 5, 1987 Egan then moved, Ellison seconded the motion to approve the application for preliminary plat, subject to the following conditions: 1. All standard plat conditions shall be adhered to. 2. The existing home on Lot 2, Block 4, shall change its address to be consistent with the others along Street "A". 3. The existing home shall connect to City sewer and water. 4. The approved conditions for Cutter's Ridge must be complied with as a condition of Cutter's Ridge 2nd Addition final plat approval. All voted yes. SEE PLAT FILE CEDAR CLIFF AMOCO STATION - WAIVER OF PLAT The application of Robert Schlangen, the owner of the Cedar Cliff Amoco station for waiver of plat, in Oak Cliff 3rd Addition, carne next to the City Council. The application would allow splitting of the northern-most 1.70' acres of Outlot A of Oak Cliff 3rd Addition, adding it to Lot 1, Block 1. The Cedar Cliff Amoco station is presently located on Lot 1, Block 1, Oak Cliff 3rd Addition, and the waiver is to allow for acquisition of the property only, and the right to record the conveyancing deed. Dale Runkle explained the application and there were no objections. The APC recommended approval. Egan moved, Smith seconded the motion to approve the application, subject to there being no expansion of the existing service station facility or parking lot without replatting the lot included within the application. All voted yes. R87-87 TXI, INC. - WAIVER OF PLAT - PONDVIEW PLANNED DEVELOPMENT An application was received by the Planning Department requesting a waiver of plat to combine four existing parcels within the Pondview Planned Development into two separate parcels. Parcels A and B were part of Blackhawk Park PD and are presently owned by Meritor Development Company. Parcels C and D were also owned by Meritor but deeded back to TXI, Inc. The waiver of plat was requested to permit conveyance and the recording of the land sale and no construction would occur until the property is platted. Dale Runkle briefly described the proposal and a request for continuance had been made by the owner's attorney and agreed upon. Wachter moved, Egan seconded the motion to continue the application until the next regular meeting of the City Council. All voted yes. 17 Council Minutes November 5, 1987 CINNAMON RIDGE 3RD & 4TH ADDITION - WAIVER OF PLAT An application by DeVries Builders, Inc. for waiver of plat to split Lots 1 through 8, Block 1, Cinnamon Ridge 4th Addition, Lots 1 through 4, and 8 through 13, Block 4, Cinnamon Ridge 3rd Addition, and Lots 1 through 5, Block 5, Cinnamon Ridge 3rd Addition then came to the Council. There were no objections and after explanation, Smith moved, Ellison seconded the motion to approve the application, subject to compliance with all City Code requirements. All voted yes. R87-88 PUBLIC IMPROVEMENT CONTRACTS 1. Salt Storage Building - Contract #87-42. Mr. Colbert detailed the revised plans for the salt storage building and recommended that bids be requested in the alternate. Wachter moved, Egan seconded the motion to approve the plans and specs and authorize the ad for bids to be opened at 10:00 a.m. on November 23, 1987 at the City Hall. All members voted yea. 2. Trailways - Contract #87-1. Change Order No. 1 to Contract #87-1 consisting of trailway improvements constructed by Central Landscaping, Inc. was brought to the council and it was recommended for approval. Smith moved, Wachter seconded the motion to approve Change Order No. 1, in the amount of $12,200.00. All voted affirmatively. BUILDING BLOCK DAY CARE CENTER - FOUNDATION PERMIT REQUEST A request has been made from Waterford Development Group for a foundation and utility permit for the Building Block Day Care Center that is proposed on Scott Trail. Bryan Carrey of Waterford was present and there was discussion concerning compliance with the City policy regarding grant of foundation permits before the approval of the preliminary plat. It was noted the final plat application will be on the agenda for November 17, 1987. Egan moved, Wachter seconded the motion to deny the request, noting that the policy did not allow for variance and it is important that the Council comply with the City Policy. All members voted yes. 18 Council Minutes November 5, 1987 EAGAN FIRE RELIEF ASSOCIATION Mr. Hedges reviewed the latest discussions with representatives of the Eagan Fire Relief Association and noted that retroactivity was a very strong issue among the fire department members. It was suggested that further discussions take place with a change in the By-Laws to provide for no revision for 5 years and no further retroactivity would be provided in the event that retroactivity is approved by the City Council during the current negotiations. SPECIAL CITY COUNCIL MEETING - NOVEMBER 24, 1987 November 24, 1987 at 7:00 p.m. was scheduled as a special City Council meeting to cover miscellaneous Council issues. SUNRISE ADDITION - OIL SPILL Public Works Director Tom Colbert described for the City Council the discovery of remnants of an oil spill from Williams Brothers Pipeline in the new Sunrise Addition during excavation. It was estimated that about 3,000 cubic yards were affected by the spill and the proposal by the developer was to excavate and spread the fill material, according to PCA guidelines. Both the PCA and Dakota County Health Department have-approved the land farming. The estimated cost of removing the soil from the site was $100,000.00 as opposed to $15,000,00 to spread it on the site. Williams Brothers has agreed to pay the cost of respreading and also that if by July 16, 1988, there are adverse tests regarding the soil, that it would then be removed. _A bond in the amount of $110,000.00 will be posted by Williams Brothers to assure compliance with the removal requirement. The request was made to proceed with the spread, but the general consensus was that a public hearing be held before the City Council. - -Egan moved, Wachter seconded the motion to schedule a public hearing on December 1, 1987 with the understanding that an agreement will be entered into by. Williams Brothers Pipeline Company. All voted yes. FAIRWAY HILLS - IMPROVEMENT PROJECT Tom Colbert then explained to the City Council the status of the proposed corrective storm sewer measures in the Fairway Hills, Cliff Road, Parkview Golf Course area and noted that no corrective measures have been taken. He requested advice as to whether to force the revisions that have been suggested by the City staff, or to place a stop order on building permits. After considerable discussion, noting that no progress had been made since discussions 19 Council Minutes November 5, 1987 were held in September, Ellison moved, Smith seconded the motion to deny further building permits for the Fairway Hills development and in addition, to deny occupancy permits based upon the reasons that were given by Mr. Colbert, the fact that there is a strong potential for additional flooding of the Parkview Golf Course, the fact that an agreement had not been reached with the Fairway Hills developers as had been suggested at an earlier time; the fact that an action had been started by the Parkview Golf Course owner against both the Fairway Hills developer and the City, with potential liability to the City. All councilmembers voted affirmatively. SPECIAL ASSESSMENT COMMITTEE MEETING The proposed date for a Special Assessment Committee meeting was discussed but no action was taken. BOULEVARD TREE MAINTENANCE Mr. Colbert then discussed the Ordinance provisions regarding maintenance of boulevard trees and noted that questions had arisen on numerous occasions whether the City would maintain boulevard trees. After explanation, Egan moved, Smith seconded the motion to amend the ordinance, to require City maintenance of existing trees only in boulevards, under the supervision of the City Forester. All voted positively. LEXINGTON STANDARD CORPORATION - FLAG POLE DONATION Mr. Colbert mentioned that Lexington Standard Corporation of Eagan is proposing to donate three flag poles to the City for the City Maintenance building, including U.S., Minnesota, and Eagan flags. The staff was requested to develop a design for an Eagan flag and submit the design for City Council approval. RIVER HILLS 9TH ADDITION - CONTRACT #87-24 The storm sewer flood control project was proposed to be added as a Change Order to Contract #87-24 in the amount of $14,977.00. Egan moved, Wachter seconded the motion to approve the recommendation. All voted yes. MnDOT SPEED STUDY A proposed Resolution for speed study for miscellaneous streets in the City was submitted and recommended to be approved. Smith moved, Ellison seconded the motion to approve the recommendation. All voted yea. R87-89 20 Council Minutes November 5, 1987 STUART ADDITION - CONTRACT #86-H It was recommended that consideration of accepting Contract #86- H covering Stuart Addition be continued until the next regular meeting. Ellison moved, Wachter seconded the motion to approve the request of the staff. All voted affirmatively. CITY COUNCIL MEETING - DECEMBER 15, 1987 After recommendation of the staff, Egan moved, Smith seconded the motion to change the City Council meeting of December 15, to December 17, 1987 at 6:30 p.m. because of a National League of Cities conflict. All voted yes. CHECKLIST Upon motion by Wachter, seconded Egan, it was resolved that the checklist dated November 4, 1987 in the amount of $882,024.31, and also checklist dated November 5, 1987 in the amount of $387,448.88 be approved. All voted in favor. ADJOURNMENT Upon notion duly made and seconded, the meeting adjourned at 1:50 a.m. All voted affirmatively. PHH Ci Clerk 21