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02/09/1988 - City Council Special MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA FEBRUARY 9, 1988 A special meeting of the Eagan City Council was held on Tuesday, February 9, 1988 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Vic Ellison and Councilmembers Wachter, Egan, Gustafson and McCrea. Also present were City Administrator Tom Hedges, Public Works Director Tom Colbert, City Planner Dale Runkle, City Clerk/Finance Director E. J. VanOverbeke, Chief Building Inspector Doug Reid, Fire Chief Ken Southorn, Parks Director Ken Vraa, Police Chief Jay Berthe, and City Attorney Paul Hauge. Mayor Ellison convened the meeting at 6:30 p.m. pursuant to notice that had been distributed to the City Council members during the prior week and also posted on the City Hall bulletin board. BIETER COMPANY - APPLICATION City Administrator Tom Hedges explained that at a special Executive Session of the City Council held on February 2, 1988, there had been discussion concerning the Bieter vs. City of Eagan lawsuit. He indicated that he had been contacted by representatives of the Bieter Company on February 4, 1988 and asked that a meeting be scheduled with staff and Bieter representatives on February 5, 1988 to discuss a revised plan for development of the Bieter property at I-35E and Diffley Road. He placed the discussion of the proposed revisions on the agenda for the special meeting of February 9, 1988,. including the possibility of an executive session to discuss the proposed settlement of the lawsuit. Mayor Ellison explained that it was his view that the City Council had directed staff to review the proposed revisions and to make comments as the first step in the potential settlement of the action. Councilman Egan, however, indicated that he understood the consensus of the Council was that the applicant reapply for zoning. He argued that there had been no notice to the public and no advance notice of the item on the agenda. Mr. Hedges noted the agenda had been sent out on Friday, February 5, 1988 and posted, although the issue had not been formally scheduled for discussion at the time of the City Council meeting on February 2, 1988. :j 1 Special Council Minutes February 9, 1988 There was discussion concerning the criticism of the City Council at its December 30, 1987 meeting regarding Cliff Lake. According to Mr. Egan, the criticism was based upon the action that was taken and that the item was considered because it was not noticed for consideration. Councilman Gustafson mentioned that there were two differences between the current meeting regarding the Bieter discussion and the December 30, 1987 meeting: 1. There were many other parties present at the February 9, meeting, and that was not true at the December 30 meeting. 2. There would be no motions adopted concerning the Bieter project at the February 9 meeting. Attorney Jerry Brill appeared on behalf of the Bieter Company developers and read his letter dated February 9, 1988. In the letter he proposed a two phased development requesting the Council decide at an executive session on February 9 to approve a settlement based upon the staging of the development, and that the public would be heard at an open meeting and a formal vote taken for settlement. Mr. Brill introduced Peter Jarvis of BRW who briefly described the two phases, and noted that 50% to 55% of the parcel would be in phase one which would include a major department store, major grocer and other minor miscellaneous commercial uses. The technical details, according to Mr. Jarvis, remain the same as the original application, with phase one including 39.8 acres, including 340,000 square feet of commercial use, and 9 acres, including 32,000 square feet of commercial uses. The outlots in phase two would consist of 36 acres. He noted that there are 770,000 square feet of space in the original application, that there are fewer ponds, but they are larger and the retention needs would be about the same, depending on the amount of residential uses. The proposal would include the installation of all the roads at the time of the initial development. Dennis Klohs of the Bieter Company was also present and noted that the 9 acres would include some of the traditional commercial uses, including sit-down restaurants. Mayor Ellison asked whether the applicant had users at the present time? Mr. Klohs answered that "until the concrete sets up on a project, we don't know who it is going to be." He noted that the developer had received a letter from K-Mart that this is the best site, as had Target also indicated it was the best site. Target as well as Cub, indicated that the site was best for their purposes. He further noted that he expects there will be two new large grocery stores in the City, and potentially Builders Square would be installed in the second phase. A racquetball club would also be a part of the second phase. 2 Special Council Minutes February 9, 1988 Mayor Ellison then asked if Target and Cub go elsewhere, would there be users? Mr. Klohs answered yes. A question was raised whether the plan would meet the City requirements and Mr. Jarvis answered that the City's standards will be met or exceeded by the plan. Councilmember McCrea noted that it is important that a restaurant be in an appropriate district and that the designations for uses be very specific so that other commercial uses could not be allowed. Councilman Egan asked whether there were any changes in density and it was understood that the current plan is less dense than the original plan. The current project would also encompass 40 acres in Phase B rather than 27 acres on the west. There would be 470,000 square feet in the original plan, 340,000 square in the current plan with comparable acreage according to Mr. Klohs. Mr. Gustafson asked about the status of the park land dedication. Mr. Jarvis suggested it be dealt with at the time of the final plat approval. Councilmember McCrea asked what process the developers intend to follow. Mr. Hedges noted that a public hearing before the Advisory Planning Commission and City Council are appropriate and Mr. Klohs indicated that there would be a public hearing requested for the preliminary plat, EAW process, etc. It was noted that the commercial needs study has not been ordered, according to Mr. Runkle. A question was asked from the audience whether a public hearing would be required on the project. City Attorney Paul Hauge recommended the applicant follow the procedures as closely as possible and that there be certain hearings required for approval of the project. There were a number of interested persons in the audience and they generally asked that public comment be provided. Councilman Egan favored public comment and Member McCrea indicated she had no objection to hearing public comment, but that it not deal with the site plan. Councilman Wachter also mentioned that the decision would be very important and it does not appear appropriate to make a decision tonight without public comment. Councilman Gustafson suggested that the issue should be discussed in executive session but that the Council had decided to hold an open session to review the site plan. He was not opposed to public input if questions were limited. 3 Special Council Minutes February 9, 1988 At 7:15 p.m. the Mayor opened the floor to public comment to be limited to 5 minutes each, and that an attempt be made to complete the comments within one hour. Mr. Brill suggested that there be a public hearing and that a decision not be made at an executive session. Dave Perrier of 1951 Timberwolf Trail appeared and asked what the status of the lawsuit was, he asked what the commitment to the Cliff Lake Galleria project was, and what does the Council expect to accomplish during the current meeting. Paul Hauge answered that the lawsuit is pending, that there are certain aspects of the Cliff Lake project that are approved, and other aspects that require further application and review, and that he stated he was uncertain what the action of the Council would be concerning the Bieter project during the current meeting. Arlene Krecklau was present and stated she found out about the meeting during the afternoon of February 9, and objected to discussion without more public notice. She recommended more public input, she understood the land was zoned Agricultural with R-4 Comp Guide Use. She asked that the executive meetings be discontinued and stated she will monitor all of the meetings in the future. Ms. Olson of 1813 Bearpath Trail appeared and asked if the City Council is legally bound to allow the development if the rezoning takes place? Martin Colon, on behalf of Federal Land Company, appeared and asked why the City was in such a hurry to settle the lawsuit. He suggested that the City has a strong position and that the absorption rate for commercial uses is about 30 acres per year within Eagan. He recommended the study should be completed and public concerns should be addressed. Joe Harrison appeared and indicated he was a former Advisory Planning Commission member, that there were violations of public trust, without allowing the public input regarding the proposal. Scott Olson of 1880 Bear Path Trail was present and stated the traffic would affect him, that there was no need for an additional commercial center and he objected to the lack of notice to the public. Peter Beck, attorney for the Larkin, Hoffman firm on behalf of the Cliff Lake owners and developers, stated he found out about the meeting at 4:00 p.m. on February 9, 1988. He recommended the procedure not be to agree to rezone in principle, and then come back with a hearing at a later date. He recommended that the Council require a new application because the proposal differs from the application. Many issues come out in the application process and the staff hasn't even reviewed the new proposal. 4 Special Council Minutes February 9, 1988 Mr. Hedges noted that the Council has conducted executive sessions regarding the Bieter lawsuit. The purpose of the workshop session was only to acquire additional data. Mr. Colon noted that the Advisory Planning Commission has not reviewed the current proposal. Mr. Brill stated that he disagreed that the City Council could not settle a lawsuit. Mr. Brill argued that the City Council should consider settling the lawsuit at the executive session on February 9, and it would be irresponsible for the Council not to do so. At 7:45 p.m. there were no further comments from any person present and no formal action was taken. DEPARTMENTAL PRESENTATIONS 1. The City Administrator indicated that the department heads had not had an opportunity to provide a summary of departmental operations for several years and therefore the Council set up a workshop session to act as a refresher for certain of the City Council members and in-service training for Councilmembers Gustafson and McCrea. Presentations were made by the following persons: Finance Director/City Clerk - Gene VanOverbeke; Community Development Planning - Dale Runkle; Corrective Inspections - Doug Reid; Police Department - Chief Jay Berthe; Fire Department - Chief Ken Southorn; Park Department - Ken Vraa; Public Works Department - Tom Colbert. Councilmembers had questions about the various presentations and visual aids were used by the department heads to portray to the Councilmembers the functions and the operations of each of the departments. SCHOOL DISTRICT #196 - EAGANHIGH SCHOOL/DAKOTA MIDDLE SCHOOL Tom Hedges indicated that District #196 representatives had submitted an application for foundation permit approval for the Eagan High School and the Middle School. He noted that the foundation permit had not been acquired earlier and there were no objections. Chief Building Inspector Doug Reid was present and answered questions from City Council members. Egan moved, Wachter seconded the motion to approve the application subject to compliance with City Ordinance requirements. All members voted in favor. 5 Special Council Minutes February 9, 1988 ADJOURNMENT The special workshop meeting adjourned at 10:40 p.m. PHH AA(~ L Ci lerk tI 6 SPECIAL CITY COUNCIL MEETING I. ROLL CALL II. PRESENTATION OF DIFFLEY CENTER REVISED SITE PLAN 7:15 P.M. TUESDAY FEBRUARY 9, 1988 6:30 P.M. III. DEPARTMENTAL PRESENTATIONS A. Comments by City Administrator B. Finance /City Clerk C. Community Development - Planning - Protective Inspections D. Police E. Fire F. Parks G. Public Works IV.• OTHER BUSINESS A. Executive Session (tentative) V. ADJOURNMENT MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 5, 1988 SUBJECT: SPECIAL CITY COUNCIL MEETING The main purpose of our special City Council meeting scheduled for Tuesday, February 9, 1988, is to allow department heads a brief opportunity to summarize their departmental operations. Unfortunately, a time allocation of approximately 20 -25 minutes per department is not adequate to cover any level of detail on certain departmental activities. Therefore, our time will be used for providing an overall summary of the types of responsibilities that each department is responsible for as a public service to the community. Once the presentations are completed and if the City Council would like additional detail on any activity within a department either a report or verbal presentation can be arranged for at a later date. Our department heads have not had an opportunity to provide a summary of departmental operations for several years and therefore the presentation should act as a refresher for part of the City Council while acting as an in- service training for councilmembers Gustafson and McCrea. Information shared by our department heads on Tuesday will become an important foundation for our strategic planning session that is planned for later in March. PRESENTATION OF DIFFLEY CENTER CONCEPT At the executive session on Tuesday, February 2, it was suggested that the developers representing the Bieter Company present a site plan for review and inspection by the City Council at a future workshop session. The Bieter Company has requested time at the upcoming workshop session to make such a presentation. The City Administrator has conferred with Mayor Ellison regarding the placement of this item on the special City Council agenda. Mayor Ellison has agreed to allow the presentation of the Diffley Center site plan in concept with the understanding that this presentation and any comments made by the City Council on Tuesday should not be regarded as a part of any settlement agreement. Any discussion regarding the lawsuit must be considered at an executive session called by the City Council. The developers were made aware by this office that the City Council will review and ask questions regarding the revised site plan; however, there is no action to be taken as a part of their presentation. BUDGET Enclosed for your review and inspection is the 1988 budget that was prepared during the summer and fall of 1987 with approval given at the December 17, 1987, City Council meeting. The office MEMO TO MAYOR & CITY COUNCILMEMBERS FEBRUARY 5, 1988 PAGE TWO of the City Administrator and Director of Finance awaited some final tax numbers and other calculations before the document was compiled causing some delay in publication. If any member of the City Council has a question regarding the budget, feel free to contact this office at any time. The City Administrator would be more than happy to review in detail any part of the budget with city councilmembers Gustafson and McCrea, realizing they were not involved in the preparation of this year's calendar budget. k 0 dA.41-4 City Adminis'tf ator