12/01/1987 - City Council Regular
MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, MINNESOTA
DECEMBER 1, 1987
A regular meeting of the Eagan City Council was held on Tuesday,
December 1, 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 Engineer Robert Rosene and City Attorney Paul Hauge.
-AGENDA
Ellison moved, Wachter seconded the motion to approve the agenda
as presented. All voted in favor.
MINUTES
November 17, 1987 - Regular Meeting. Upon motion by Wachter,
seconded Smith, it was resolved that the minutes be approved with
the exception on page 2, regarding personnel - Community Service
Officer, that Joe Marshall was recommended to be appointed as a
Community Service Officer, and on page 9, regarding Bridle Ridge
Addition, it should read, "noting that it is a corner lot and it is
not an undersized lot". All voted yes.
PARK & RECREATION DEPARTMENT
1. Recreation Survey/Decision Resources. Decision Resources,
the firm that was selected to prepare a survey for the community
center, has completed a draft which was distributed to the City
Council for its comments. Mr. Hedges introduced the subject and Ken
Vraa, the Park Director, was present to answer questions of the
Council about the proposed 12 to 15 minute telephone questionnaire.
After discussion, Egan moved, Smith seconded the motion to approve
the recreation survey prepared by Decision Resources and proceed
with the survey for the community center. All voted yes.
2. Thomas Lake Park - Architectural Program Statement. The
APRC recommended that the Architectural Program Statement be
approved for Thomas Lake Park, somewhat similar to the structure in
Trapp Farm Park. A report from Steve Sullivan, the City landscape
architect, was reviewed. Ellison moved, Egan seconded the motion to
approve without modification, the Architectural Program Statement
for the pavilion in Thomas Lake Park. All members voted in favor.
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VOLUNTEER FIRE DEPARTMENT
1. Budget. Fire Chief Ken Southorn was present and there was
discussion concerning an upward revision of the budget to
$206,000.00 consisting of about a $16,000.00 increase. Mr. Southorn
noted that there are now 92 members in the VFD and there will be a
future recruitment class in 1988. It was requested the staff
suggest alternates for review at the December 17, 1987 Council
meeting.
2. Townhouse Fire on November 30, 1987. Fire Chief Southorn
reported there was $45,000.00 to $50,000.00 damage from a fire in a
townhouse north of Yankee Doodle Road, on the evening of November
30, 1987 and thanked all of the many participants who assisted in
controlling the fire disaster.
CONSENT AGENDA
The following consent agenda items were presented by the staff
and recommended to be approved by the Council:
1. Plumbers Licenses. Plumbers licenses were recommended to be
approved for Anderson Mechanical, Leo's Plumbing, and Joseph Peters
Plumbing Company.
2. Cigarette Licenses. A schedule of applicants for cigarette
license renewals in the City was presented with the packet and it
was recommended they be approved.
3. Kennel Licenses. Three kennel license applications were
submitted and recommended to be approved: 1) Kathleen Gilbertson at
3995 Dodd Road, 2) Janice MacKimm at 1690 Diffley Road, and
3) Donald Sandberg at 1560 Yankee Doodle Road.
4. Rubbish Licenses. 17 applications by rubbish haulers to be
licensed within the City were submitted and the staff recommended
approval; further, that a written notice be required to be sent by
each of the applicants to customers, prior to November 15 of each
year, recommending that trash placement be 5 to 6 feet from the curb
to avoid conflict with snow removal operations.
5. Patrick Addition - Final Plat. An application was submitted
for approval of the final plat of Patrick Addition, east of Dodd
Road and south of Hay Lake. It was recommended it be approved.
R87-91
6. St. Francis Woods 6th Addition - Final Plat. The
application for final plat approval of St. Francis Woods 6th
Addition was submitted and the staff recommended approval subject to
compliance with all City requirements. R87-92
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7. Gopher Eagan Industrial Park 2nd Addition - Final Plat. The
application was submitted for the approval of the final plat of
Gopher Eagan Industrial Park 2nd Addition and the staff recommended
approval, subject to compliance with City Ordinance requirements.
R87-93
8. Johnny `Cake Ridge Road - Project #524. A Petition by Tom
Wilmus, owner of property on both sides of Johnny Cake Ridge Road
extended north of Woodgate Addition to Diffley Road, for street
improvements, was submitted. It was recommended that the Council
receive the Petition and authorize the preparation of a feasibility
report by the Consulting Engineer.
9. Woodlands Storm Sewer Lift Station - Project #525. The
Petition for trunk storm sewer lift station in the Woodlands
Addition under Project #525 was submitted and the staff recommended
the Council receive the Petition and authorize the consulting
engineer to prepare a feasibility report.
10. Cliff Road - Project #510. The feasibility report for
Project #510 was recommended to be received and the Council schedule
a public hearing at the Eagan City Hall on January 5, 1987, at 7:00
p.m.
11. Duckwood Drive - Project #514 - Streets & Watermain. The
feasibility report for Duckwood Drive streets and watermain
improvements under Project #514 has been completed and it was
recommended that it be received and the public hearing be scheduled
at 7:00 p.m. on January 5, 1988 at the Municipal Center.
12. Yorktown 2nd Addition - Storm Sewer - Project #521. The
feasibility report prepared by the Consulting Engineer for Project
#521 in the Yorktown 2nd Addition project for storm sewer
improvements was recommended to be received by the Council, and that
the Council schedule a public hearing to be held on the project on
January 5, 1988 at 7:00 p.m. at the City Hall.
13. County Road Turnback Agreement Approval - County Road 23
and County Road 63A. As part of the scheduled County Road Turnback
Program, County Road 23 (Nicols Road) from Kings Road to Beau D'Rue
Drive, and County Road 63A (Becker Road) from Trunk Highway #149 to
County Road 63 (Delaware Avenue) were proposed to be turned back to
the City for perpetual maintenance and full jurisdictional
authority. The County has platted the entire right-of-way for
dedication to the City and will transfer all record plans, permits
and final documents. The County will pay to the City $117,651.00
for Nicols Road, and $6,620.00 for Becker Road as part of the
turnback proposal. A Resolution was submitted and recommended to be
approved.
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14. Cedar Cliff Park 3rd Addition - Final Plat. The
application for final plat approval for Cedar Cliff Commercial Park
3rd Addition was submitted to the City Council and the staff
recommended approval subject to normal City requirements.
Smith moved,. Wachter seconded the motion to approve all of the
foregoing consent agenda items as presented and recommended to be
approved, and to authorize the appropriate officials to execute
applicable documents. All members voted yes. R87-94
EAGAN HIGH SCHOOL ADDITION - PROJECT #518
Mayor Bea Blomquist convened the public hearing regarding the
utility improvements for Project #518 consisting of the Eagan High
School Addition. Tom Colbert introduced the report and Bob Rosene
of the Bonestroo,.Rosene., Anderlik firm described the report in some
detail. There were questions from the City Council members but no
objections from the audience.
Wachter moved, Egan seconded the motion to close the public
hearing, to order in the project and authorize the preparation of
detailed plans and specifications. Mr. Hedges expressed concerns on
behalf of the staff about the location of the football field along
Braddock Trail and the recommendation of the staff that it be moved
westerly. He requested council approval to negotiate with the
school district officials to move the field to the west, which would
create less impact from Braddock Trail, and to the residents to the
east in Stafford Place. It was noted that the move of the facility
would not impact the plans for utility improvements, and the Council
requested the staff to negotiate according to their recommendation.
All councilmembers voted yes.
TOWN CENTRE 70 & 100 - STREET LIGHTS - PROJECT #519
The next public hearing convened by Mayor Blomquist concerned
street light improvements for Town Centre 70 and 100 Additions
planned developments. Mr. Colbert noted that a hearing had been
scheduled on November 5, 1987 and was continued until December 1,
1987. He reviewed the estimated cost, the proposed methods of
payment, including alternate assessment techniques. The feasibility
report provided for 56 street lights, whereas 53 street lights would
actually be installed. One proposal would provide for 5 years of
energy cost assessed over a 10 year period, for the undeveloped
parcels, and bill the existing users on a quarterly energy rate. An
alternate would be a quarterly billing rate for all property and
direct the billing to the owners.
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Martin Colon of Federal Land Company was present and requested
approval, but also asked that Federal Land be authorized to select
power poles. The question arose as to the legality of assessing
property in advance for a 5 year period with the proposal that
consent from property owners be acquired. There were no objections.
Egan moved,` Ellison seconded the motion to close the hearing, to
order in the project with the understanding that the 5 year
assessment method be used, conditioned upon its legality. All voted
yes except Blomquist who abstained.
POND AP-50 - PROJECT #452R - STORM SEWER OUTLET
The next public hearing convened by the Mayor concerned Project
#452R, the proposed storm sewer outlet for Pond AP-50 near the
northeast intersection of Cliff Road and Scott Trail. The hearing
had been originally scheduled for October 20, and November 5, 1987,
but had been continued to assure proper notification of property
owners. Further, Federal Land Company had requested a continuance
until the Spring of 1988 to allow plans to be prepared for its
property on Cliff Road.
Mr. Colbert introduced the project and noted that the timing,
assessments and easement dedication were concerns of Federal Land
Company. He had strong concerns about proceeding as diligently as
possible to complete the outlet by June of 1988, prior to the normal
heavy rain period. He understood that the principals of Federal
Land Company generally concurred with the concept but reserved the
right to object to the grant of easements.
Mr. Rosene described the assessments and the location of the
proposed line and Martin Colon was present but had no objections.
Mr. Colbert stated that possibly Federal Land will have a concept
for internal trunk line construction soon, and Mr. Colon noted the
concerns about the parcel and was not prepared to commit the
location of easements at the present time, until other issues were
resolved.
Wachter moved, Egan seconded the motion to close the hearing, to
approve the project and authorize the preparation of detailed plans
and specifications and acquisition of easements through
condemnation, if necessary; in addition, the hiring of an appraiser
for the City to determine what damages, if any, would be involved in
the acquisition of the necessary easements; further, that the
engineering staff work with Federal Land Company to determine the
most practical location for the trunk lines. All voted yes.
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OAK CLIFF ADDITION - VACATION OF EASEMENT
The public hearing regarding the vacation of utility and street
easement on Lot 6, Block 6, Oak Cliff Addition was next convened.
The Council had authorized the issuance of a building permit,
allowing encroachment into a proposed area for vacation purposes,
subject to the property owner receiving written permission from all
affected utility companies. Mr. Colbert stated that there were no
objections from the utility companies and written consent had been
acquired. There were no objections, and Ellison moved, Wachter
seconded the motion to close the hearing and to approve the
vacation. All members voted affirmatively.
POND VIEW PLANNED DEVELOPMENT - WAIVER OF PLAT
The application of TXI, Inc., a subsidiary of First National
Bank of St. Paul, to combine four existing parcels into two separate
parcels, within the proposed Pond View planned development came to
the Council. The waiver of plat was recommended for approval by the
Advisory Planning Commission. Dale Runkle, the City Planner, stated
that the reason for the request was to allow transfer of title and
recording of the appropriate conveyance document. The exceptions
were now provided on the drawing and the staff recommended parcel C
and D be combined and A and B be combined to avoid tax forfeiture
problems in the future. The dedication of necessary road right-of-
way for Pilot Knob Road and ponding easement were recommended by the
staff.
Kevin Ellis, attorney for TXI, Inc. was present and stated that
there is actually one tax parcel requested to be divided into two
parcels and he had no objection to two rather than four total
parcels. Meritor is proposing to purchase parcels A and B on the
south and he stated they expect to grant all necessary easements in
the future when the development occurs. He further objected to the
revised assessments of $32,000.00 because of the uncertainty of the
actual use.
Councilman Egan suggested the levy of assessments may be
premature and indicated the, only purpose at the present was the
intent to convey parcels A and B.
Mr. Hedges expressed his concern about right-of-way acquisition
for Pilot Knob Road because the County is in the process of
acquiring the necessary right-of-way at the present time.
Wachter moved, Egan seconded the motion to approve the waiver of
plat, subject to the revised configuration of the lots, reflecting
two parcels and grant of necessary easements, but that no additional
assessments would be imposed on the property at the present time.
All voted yes.
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CEDAR CLIFF COMMERCIAL PARK 4TH ADDITION - PRELIMINARY PLAT
The application for preliminary plat approval for Cedar Cliff
Commercial Park 4th Addition for the Austin Companies, including
amendment to the Planned Development Agreement and conditional use
permit for pylon sign, was brought to the Council. The APC
recommended denial of the applications, and the applicant had
requested a continuance of the application until the regular City
Council meeting on January 5, 1988.
Egan moved, Smith seconded the motion to authorize the
continuance as requested. All members voted yea.
SEE PLAT FILE
CLIFF LAKE GALLERIA - PRELIMINARY PLAT
The application of Ryan/Hoffman Joint Venture for comprehensive
guide plan amendment, amendment to planned development agreement,
and preliminary plat approval for Cliff Lake Galleria and Towers
consistin of 99.9 acre?, was brought to the City Council for its
consideration. The Advisory Planning commission last considered the
application which consisted of a revised plan, at its meeting on
November 24, 1987 and recommended denial. The only issue for
consideration was that of the preliminary plat consisting of three
lots and containing approximately 27.7 acres and 8 outlots
containing approximately 72 acres. The issue was brought to the
Council at 8:10 p.m. and Mr. Hedges introduced the project and
reviewed some of the history, including both the first and second
plans.
City Planner Dale Runkle described the proposal, including
266,000 square feet of commercial space, plus two additional
outlots, noting a reduction of about 47,000 square feet within the
strip shopping center. He presented an overlay of the plan over
Exhibit "D" of the PD agreement for Eagan Hills West and indicated
that the total acreage of the commercial, under the plan, was about
64 to 65 acres. He further noted that about 60 acres was calculated
by the staff by planimeter on the planned development Exhibit "D".
He described the shift of the holding pond to the west and
questioned how developable the westerly parcel will be for' multi-
family and buffer purposes. He described some of the traffic issues
pointed out by Short, Elliott, Hendrickson, the City traffic
consultants, and noted the existing trees were requested to be
identified, with very few trees to be saved, according to staff
calculations. Transplanting of existing oaks is also an issue.
Glen VanWarmer of SEH, together with Bob Byers, was present and
Mr. VanWarmer gave a detailed presentation and indicated that a
written report had been prepared, including 30,000 vehicle trips per
day increase are expected, 2,300 trips on the average, at the
evening rush hour; 10% of the traffic will drive Rahn Road from the
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north; 7% would be on Blackhawk from the north, 15 developments in
the area would provide 3,600 trips during the evening rush hour, and
4,700 trips from the general area, per hour during the evening rush.
He described the future traffic volumes anticipated and
indicated about. 28% of the traffic would be generated from the
proposed develoioment in front of Cliff by 1995.
Some of the recommendations made by SEH included the following:
1. He recommended the free flowing access to Cliff Road be
removed by the developer and the City jointly.
2. There be multiple lanes on Rahn Road and also from Cliff
Road to Rahn Road.
3. He had concerns about traffic access to the Center from Rahn
Road with the coordination of traffic signals at Cliff and in
addition, access to the Center from Rahn Road. Mr. VanWarmer
portrayed a proposed alternate curve of Rahn Road, sweeping to the
east, going into the center, with no right turn into the center.
4. There was concern about access to Rahn Road on the northerly
east-west road, but certain methods could be made to make Rahn Road
traffic inconvenient to the north, including using a median.
5. He recommended against a connection to Beaver Dam Road from
the development.
6. He indicated that Blackhawk Road intersection could be
designed to operate fairly smoothly.
7. He had concerns about the internal road system, including
the shortage of storage access on the north side of the Target store
and the closeness of the parking lot access on the south, near Rahn
Road.
8. He had concerns about the southwesterly corner of the
development.
9. Regarding Cliff Road, he described a potential right turn-in
only access from Cliff which would take about 700 cars out of the
intersection. The problem would be that the cars would then be
accessed into a parking lot creating poor circulation.
10. He suggested there may be a need for 3 lanes in each
direction from Rahn, on Cliff Road, to I-35E.
In summary, he stated that there are many legitimate concerns,
some will occur no matter what type of development takes place, many
issues can be resolved in the final design and some require
substantial coordinated efforts with the applicable agencies.
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T? rT "i- ,
"k, , CIO
The next presentation as done by Paul Hauge, the City Attorney.
He divided the presentation into four parts.
1. Zoning Issues. It was Mr. Hauge's opinion that the plan
generally complies with Exhibit "D" under the Planned Development of
1979 with thee exception that about 4 acres commercial are proposed
on the west side of the north-south interior street and that the
City Council could determine that there was general compliance for
zoning and comprehensive guide plan purposes. None of the
commercial buildings are now proposed outside of the area designated
for commercial on Exhibit "D". It was recommended that a decision
be made that the , plan either is substantially or is not
substantially in compliance with the Planned Development.
2. Eagan Shoreland Zoning Ordinance. Mr. Hauge reviewed the
history beginning in„1975 with Shoreland Zoning and noted that the
Eagan Ordinance was prepared from a DNR proposed draft generally by
John Voss, the City's consulting planner, after negotiation with
representatives of the DNR in the early 1980s. At the request of
the City Council, the DNR did approve an exception to the ordinance
for existing planned developments from the setback, density, surface
coverage and height standards. He noted that four drafts had been
prepared and one glitch in a draft regarding the standards was
detected. The question then arose whether the intent of the
ordinance should control or the actual language which would not have
excepted all aspects of the shoreland ordinance from the existing
planned development.
He noted a letter from the DNR dated November 20, 1987 stating
the Council should follow the actual ordinance wording and the DNR
did have the right to approve the preliminary plat in respect to
shoreland compliance. However, on December 1, 1987, he understood
that the advice from the Attorney General's office was that the DNR
had reversed its stand and had now indicated that the DNR did not
have the right to approve the plats under the Eagan Hills West PUD.
He further stated that it appeared that there are aspects of the
Shoreland Zoning Ordinance, other than the four standards that could
require DNR review and approval, but that the issue did not appear
to be relevant any longer. He recommended, however, that the
Council make as a condition of approval, that all aspects of the
Eagan Shoreland Ordinance be complied with, including DNR review and
approval, if technically required.
3. Environmental Assessment Worksheet. Mr. Hauge stated that
the 30 day comment period is expected to expire on December 2, 1987,
the PCA has requested an extension and the DNR has submitted
comments regarding the EAW.
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4. Preliminary Plat Approval. It was then explained that the
120 day preliminary plat approval period under the Eagan Ordinance
and State Law had expired, but had been extended to December 1, 1987
by consent of the applicant. He recommended that action be taken
for or against the project at the December 1, 1987 meeting, unless
consent from the developer is acquired for extension.
Department of Natural Resources Presentation. Michael Mueller
of the DNR was present and submitted a letter from the DNR dated
December 1, 1987 signed by Thomas Balcom, containing comments to the
EAW and recommended, because of the many concerns about the project,
that an Environmental Impact Statement be prepared. He stated that
it was the DNR's opinion that the intent of the City was that
planned developments approved prior to adoption of the ordinance in
1983 were exempted from the four standards, and they are the only
tools involved in the planned development approval process by the
DNR. He explained that there was a gross misrepresentation of the
environmental impacts, and they were much greater than those that
were presented in the PD in 1979. The grading was much greater,
wildlife habitat would nearly be eliminated, there were concerns
about ground water effects, that impervious surface area is much
greater percentage-wise than was suggested by the applicant; and
that the 745,000 square feet of commercial was slightly under the
minimum threshold of 750,000, but now reduced by 47,000 square feet.
The DNR was further of the opinion that if there are no shoreland
ordinance restrictions in effect for the planned development, then
the 100,000 square foot mandatory EIS threshold would take effect.
He recognized that there was a glitch in the Ordinance and
determined that the court would uphold the intent of the ordinance.
Councilman Egan questioned Mr. VanWarmer about the proposed
southerly Y-intersection, and the interior road at the north,
sweeping to the east as proposed by SEH. Mr. Egan questioned the
statement that Michael Mueller of the DNR indicated it was a gross
misrepresentation of the environmental impact.
Councilman Ellison had questions of Mr. VanWarmer, including
whether the 40,000 square feet would reduce the total traffic
generated, and Mr. uVanWarmer stated he did not feel it would do so
substantially..
Councilman Smith asked Mr. Runkle if the minimum ordinance
requirements for parking are being followed in the calculations, and
Mr. Runkle stated yes. Councilman Smith further asked whether
reduction with proof of parking, would be a viable alternate, noting
that many shopping center parking lots have a substantial number of
parking spaces unused. -
At 9:25 p.m., David Sellergren began a presentation on behalf of
the developer. He introduced the development team, who were
present, and stated the developer has now submitted plans that
conforms with Exhibit "D" in the PD Agreement. He reviewed the
proposal, including parking, he rejected the SEH revised road
proposal at the south, in order to comply with the land use plan;
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December 1, 1987
further, rather than 4 acres, according to Mr. Runkle's
calculations, he stated that 0.6 acres of commercial were removed
west of the interior street land use property line, and argued that
the westerly parcel is developable with the 3 to 4 acre multiple
zoned residue. The intent of moving the pond to the west was to
avoid the concerns about pollution of Cliff Lake, but the developer
could maintain `an adequate level for Cliff Lake. He described the
buffer to the north, including the park and multi-family and stated
the developer expected that certain trees could be retained and were
considering whether to install new stock.
The developer is proposing to develop about 49 acres of
commercial land, they, will cooperate with DNR in all respects, and
that there is a water management plan that will be complied with.
They had prepared a new EAW and also will continue to work with SEH
regarding transportation concerns. He reviewed the real estate tax
implications and... suggested amending certain report conditions
recommended by the staff, including number 1, 5, and certain other
conditions.
The Mayor then requested public comment.
Shirley Ketcham of Beaver Dam Road, favor the project, and
submitted a Petition signed by Eagan residents in favor.
Laurel Skarvan of Fox Ridge Court, stated that she was aware
that the land was zoned commercial when she purchased her property
and supported the project.
Don Schuneman of 4326 Bear Path Trail, recommended denial
because of future grading problems.
Mrs. Knutson of 2014 Shale, highly approved of the center.
Martin Colon of Federal Land Company appeared and was concerned
about access to Federal Land property on the west, and requested
that Federal Land be contacted regarding road alignment during the
planning process.
Brenda Christianson of Jasper Drive, was concerned about the
amount of traffic on Rahn, and Mr. VanWarmer answered that Rahn was
proposed to be eliminated on the west side of the pond.
Michelle Swanson of 1977 Badger Court, strongly objected to the
project and cited her objections in detail. She felt the
residential was intended to be part of the site, and was not being
carried through. Ms. Swanson asked if the planned development was
removed, would the Shoreland Ordinance be in existence?
Kim Hoffman of Oak Way objected, stating there were too many
unanswered questions.
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Jill Nerhauser of Highsite cited traffic issues could be
resolved in favor of the project.
Dennis Anderson of Fox Ridge Court, had concerns about traffic,
but noted this development contributes only a small amount and
favored the proposal.
Jean Svien of Rahn and Shale, expressed strong frustrations and
did not approve, as a neighbor.
Sharon Stone of Shale Lane and Rahn Road, had concerns about
traffic.
Mr. Broberg of 4375 Rahn Road expressed concerns about children
crossing Shale and Rahn Roads and opposed the development.
Jerry Schwartz of_. Shale Lane asked about the depth of the
westerly pond and flooding potential. Mr. Sellergren explained that
engineering standards must be met.
Dennis Bowman of Bear Path Trail noted the site distance issues
and also the potential heavy fire truck traffic on Rahn Road.
Jim Burt at 2891 Egan Ave. objected to the project.
Scott Merkley was opposed based upon traffic and environmental
concerns.
David Gustafson, an Advisory Planning Commission member, and a
resident on Diamond Drive, appeared and stated that he had made the
motions for denial at the Advisory Planning Commission meetings. He
cited the cost of correcting the traffic problems, the environmental
and legal concerns and the fact that at each meeting, new plans had
been submitted with certain revisions. He cited 26 staff concerns
in the most recent staff report, and noted the creative access to
Rahn Road presented a new problem, and would eliminate one access to
Rahn Road and would allow one access from the Target parking lot.
He was not prepared to proceed because of the unanswered questions.
Steve Rosenthal of Valley Ridge Road, had questions about
setbacks, storm sewer plans and truck traffic on Blackhawk Road.
A resident of 1237 Merganser Court supported the Target and Cub
Food store in Eagan and was in favor of the development.
Mr. Kurt Lawton of 1961 Beaver Dam Court was opposed to the
project in several respects.
Mayor Blomquist then asked for comments from the City Council
members and Councilman Smith suggested less parking would be
workable, and Mr. Sellergren agreed.
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December 1, 1987
Councilman Ellison stated four types of uses were intended to be
provided south of the curvilinear. street and should have been
developed as intended.
Mr. Runkle explained the intent was to negotiate the uses with
no specific mix required, and Mr. Sellergren indicated it was his
feeling that there is a reasonable mix of uses as proposed.
Mr. Ellison asked how much it would cost for the City to make
the proposed transportation improvements, and Mr. Colbert stated
that the cost estimates have not been completed and are generally
done prior to final plat approval. Councilman Ellison then
suggested that the Council should determine the developer's cost
involved to begin with. In answer to questions, Mr. Colbert stated
that the grading plans had not been reviewed for the revised layout,
because the Soil and Water Conservation Service had not completed
its review. Mr. Ellison further questioned whether Outlot E would
serve as a buffer and Mr. Runkle had concerns about whether multiple
could be developed on the site. Ellison also questioned whether
ponding off-site would increase the amount of commercial, and
Sellergren's answer was that the commercial site was not intended to
include pond ing .
Councilman Ellison then asked whether traffic issues were
manageable. Mr. VanWarmer stated that most or all of the problems
could be satisfactorily resolved, but that developer funds should be
used for its fair share of off-site improvements.
Mr. Egan further cited paragraph 8 of the planned development,
and asked whether the provision would allow changes in the road
design and it was understood that the City Attorney responded in the
affirmative.
Councilman Wachter had questions about transplanting trees and
Mr. Sellergren stated that a detailed study had been made and the
intent was to keep as many trees as possible, including those up to
6 inch caliper. It was noted the PCA requested an extension to
allow comments to be submitted because the revised plan information
had not been submitted to the PCA.
Councilman Ellison stated that all are interested in Target and
Cub stores, but his concerns included the following:
1. Density is the main concern.
2. Too much time was spent on the original plan which did not
have a chance of approval.
3. -The developer'provides• for all CSC in the development, and
there should have been a mix of uses.
4. The cost of upgrading were of concern and the developer
should be required to pay its fair share.
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December 1, 1987
5. The free access onto Cliff Road is an issue.
6. Environmental issues are very important.
7. 98% of the site will be disturbed.
8. Cuts arb provided for up to 30 feet.
9. Applicability of the Shoreland Zoning Ordinance should be
determined.
10. Water level and quality should be resolved.
11. Staff had inadequate time to review all of the changes and
plans.
12. The west outlo.t may not be an adequate buffer for the
school and park.
13. The increase in traffic on Rahn Road is a critical
concern.
14. Engineering has not completed its review of parking lots,
the storm sewer issues, the ponding capacity, erosion and sediment
control plan.
15. The plan was unveiled on November 6, and details presented
on November 16, 1987 without adequate time for the staff to review
the revised plans, and further the developer will not give
additional time.
Therefore, Ellison moved to deny the application based on the
reasons previously cited, and suggested the applicant resubmit its
plans. Wachter seconded the motion, citing safety, traffic
problems, environmental concerns, and financial concerns which had
not been resolved. Further, he noted that there is too great an
impact on the residents in the general area. Those in favor were
Ellison and Wachter; those against were Egan, Blomquist and Smith.
Councilman-Smith explained that the contract zoning law controls
in this case, and the land was zoned in 1969 and in 1979 the planned
development was entered into. His opposition to the Diffley site
was partly because there would be two commercial sites within about
one mile, including the Cliff Lake location, and noted that most
detailed questions would be answered prior to final plat approval.
Smith then moved to approve the application for preliminary plat
approval, according to the Resolution, including Findings and
Conditions, a copy of which is attached to these minutes, noting
that the staff's conditions numbered 1, 2, and 19 should be
excluded, but further subject to the following conditions:
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Council Minutes
December 1, 1987
1. The parking requirement shall be reviewed prior to final
plat approval by the staff, with potential for reduction in the
number of required spaces, but that adequate proof of parking be
provided.
2. A partial tax increment district be recommended to be formed
to assist in financing the off-site improvements.
Councilman Egan seconded the motion and stated that he had
probably never reviewed an issue before the City Council at greater
length than the Cliff Lake Galleria project. He cited the contract
zoning controls and the fact that the developer did consent to the
extension of time and allowed the additional review. Some of the
issues that were critical to Councilman Egan were as follows:
1. This project was given substantially different treatment
from similar projects, than the Bieter project denied in February
1987.
2. The social issues were considered highly, and noted that
neither the EAW nor social issues were considered with the Bieter
application in 1986-87.
3. Plan No. 2 is a very different plan from the first plan,
including the following:
a. The roadway had been eliminated away from the park and
the school.
b. That traffic on Rahn Road was being mitigated.
c. If the project was denied, the City could be deluged
with commercial use traffic from the Bieter site, and in the future
when the Hoffman site is developed.
d. The unresolved issues will be resolved prior to final
plat approval.
Mayor Blomquist cited the binding contract and that the zoning
had taken place many years ago, prior to the current council members
tenure on the council, and that the additional unresolved issues
will be completed prior to final approval by the Council.
Those in favor were Smith, Egan and Blomquist; those against
were. Wachter and Ellison.
The consideration ended at 11:35 p.m.
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Council Minutes
December 1, 1987
:r 1
1988 CITY FEE SCHEDULE
Tom Hedges explained that at a special City Council meeting on
November 23, 1987, a proposed 1988 fee schedule was reviewed in
detail by Director of Finance Eugene VanOverbeke. All proposed fee
schedule changes were presented and the Council briefly discussed
the schedule. There being no objections, Egan moved, Wachter
seconded the motion to approve the fee schedule for 1988 as
presented, and further to adopt the Resolution establishing fees for
various City services, supplies and materials. All members voted
yes. R87-95
RAHN RIDGE - WAIVER OF PLAT
The application of B. H. Grace Corporation for waiver of plat to
split duplex Lot 1, Block 1, to allow individual ownership was
brought to the council. There were no objections and Mr. Colbert
recommended approval. Wachter moved, Egan seconded the motion to
approve the application, subject to compliance with City ordinances.
All voted affirmatively.
R87-96
VIENNA WOODS - JAMES CURRY - WAIVER OF PLAT
The application of James M. Curry for waiver of plat for Lot 6,
Block 5, Vienna Woods to allow split of a duplex lot was then
considered and recommended by the staff for approval. There were no
objections. Ellison moved, Wachter seconded the motion to approve
the application, subject to compliance with City requirements. All
voted yea. R87-97
CEDAR GROVE NO. 3 - VARIANCE - CRAIG & BARBARA KOHLER
The application of Craig and Barbara Kohler for variance at 2073
Jade Lane, for 5 foot side yard setback for Lot 14, Block 5, came to
the Council for its review. The Kohlers were present and there were
no objections. Wachter moved, Smith seconded the motion to approve
the application, subject to ordinance compliance. All voted in
favor.
PUBLIC IMPROVEMENT CONTRACTS
Salt Storage Building - Contract #87-42. Tom Colbert presented
to the City Council the bids that were received on November 23, 1987
and noted that the low bidder, Demars & Touhey Construction in the
sum of $58,315.00 had two basic defects. He mentioned that the bid
was submitted 15 minutes late, but that after review by the City
Attorney's office, it was recommended that the lateness of receipt
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Council Minutes
December 1, 1987 of the bid, should be overlooked, as not significant. He also
mentioned that the low bidder provided for direct purchase of the
materials by the City to avoid sales tax, which was a deviation from
the specifications, noting that the deviation was substantial and
did not allow the other bidders to submit comparable bids. Smith
moved, Ellison seconded the motion to reject the bids and that the
funds allocated for the building be placed back in the fund balances
and allocated in 1988 when the bids are readvertised and a contract
awarded. All councilmembers voted yes.
PRIVATE IMPROVEMENT CONTRACTS
1. Sunset 11th Addition - Contract #86-I. It was recommended
by the Engineering and Maintenance division that Contract #86-I
consisting of utilities in Sunset 11th Addition be accepted and upon
motion by Egan, seconded Wachter, it was resolved that Contract #86-
I be accepted for perpetual maintenance. All voted yes.
2. Stuart Addition - Contract #86-H. It was recommended that
Contract #86-H covering utility and street improvements for Stuart
Addition be received for ermanent maintenance and Wachter moved
Egan seconded the motion to approve the recommendation. All voted
in favor.
SOLID WASTE MASTER PLANNING RESOLUTION
A proposed Resolution prepared by the staff resulting from a
joint meeting of the Eagan City Council and Eagan Solid Waste
Abatement Committee held on October 13, 1987, was presented for
approval. The Resolution outlined the City's recommendations to the
County pertaining to solid waste abatement. Councilman Egan noted
that the City Council is not interested in a separate solid waste
disposal system, and Egan then moved, Wachter seconded the motion to
approve the Resolution as presented. All councilmembers voted
positively.
R87-98
POLICE SQUAD CAR BIDS
The City Administrator recommended to the City Council that it
approve the purchase through the Hennepin County Joint Purchasing
Program, from Thane Hawkins Polar Chevrolet, vehicles for the police
department at the rate of $11,927.00 per vehicle for a total of
$141,080.00 for delivery and payment in 1988. Smith moved, Wachter
seconded the motion to accept and approve the recommendation. All
voted in favor.
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Council Minutes
December 1, 1987
BOARD OF REVIEW & EQUALIZATION
The staff recommended that Tuesday, May 10, 1988 at 6:30 p.m. be
scheduled as the date for the Board of Equalization and Review.
Wachter moved, Egan seconded the motion to accept the proposal. All
voted in favor.'
EAGAN HILLS FARM - TEMPORARY SANITARY SEWER SERVICE REQUEST
Mr. Colbert reviewed briefly with the City Council, the request
of the developers of the Eagan Hills Farm development, regarding
connection within Bridle Ridge 1st Addition, Hills of Stone Bridge,
sanitary sewer service. He indicated that the system could be
operable by December 4, 1987, and in the event it is not operable,
that a portable. ..generator would be installed, and therefore
recommended against the variance requested by the developer.
Wachter moved, Egan seconded the motion to deny the application for
sanitary sewer service, prior to activation of the trunk sanitary
sewer lift station in Country Hollow Addition. All voted yea.
CLIFF LAKE GALLERIA - EAW EXTENSION
A letter had been received from the Pollution Control Agency for
an extension of time to submit comments to the City of Eagan for the
Cliff Lake Galleria project, noting that the PCA had not received
all of the plans for the revised project. Because the Council
expects to review the environmental issues including the
recommendation for the EIS at its December 17, 1987 regular meeting,
Smith moved, Egan seconded the motion to authorize the PCA
additional time, until December 14, 1988 to submit written comments
with the understanding that the comment period under the rules is
not being officially extended. All members voted affirmatively.
CHARCOAL GRILL ORDINANCE PROPOSAL
Donald Maas of 1278 Norway Point appeared and stated that he had
been a resident of the Woodridge Apartment project when the fire
took place in 1987. He recommended that the Council review the
safety and fire requirements and that it adopt an ordinance
regarding the use of charcoal grills within residential buildings.
Mr. Hedges noted that the League of Minnesota Cities has shifted the
direction for the adoption of a proposed ordinance to the State Fire
Marshall's office and it was suggested that a state-wide regulation
be adopted because of the enforcement problems. Mr. Maas also
suggested an ordinance place greater responsibility on landlords of
multi-family projects.
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Council Minutes
December 1, 1987
LUMBER & MILLWORK BARN
Mr. Hedges noted that in January 1985, the City Council
authorized an advertising sign permit for the Lumber and Millwork
Barn on Highway_ #13 near Silver Bell Road. MnDOT has now cited Don
Prettyman of Lufnber & Millwork Barn for a violation of State Law
because it is located in Agriculturally zoned property, namely the
Jerome Utecht property. Mr. Prettyman had requested 120 day grace
period in order to remove this sign, noting the face of the sign had
been changed and that the council forward a letter to MnDOT
requesting an additional 120 days.
After discussion Smith moved, Egan seconded the motion
authorized the staff to forward such a letter to MnDOT requesting a
5 month extension. All members voted yes.
PILOT KNOB ROAD - EASEMENTS
City Attorney Paul Hauge discussed with the City Council a
request from Dakota County for necessary permanent and temporary
road right-of-way easements along Pilot Knob Road on land owned by
the City, primarily park land. City Council members indicated that
they would not require any consideration from the County because of
the City-County participation in the road improvements.
CHECKLIST
Egan moved, Wachter seconded the motion to approve the checklist
dated December 1, 1987 in the amount of $1,751,004.36. All members
voted yea.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at
12:50 a.m.
PHH
Cit lark
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