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03/01/1988 - City Council Regular MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA MARCH 1, 1988 A regular meeting of the Eagan City Council was held on Tuesday, March 1, 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, and City Attorney Paul Hauge. AGENDA Egan moved, McCrea seconded the motion to approve the agenda as presented. All voted in favor. MINUTES February 16, 1988 - Regular Meeting. Upon motion by Egan, seconded Gustafson, it was resolved that the Minutes of the regular meeting of the City Council of February 16, 1988 be approved with the following changes: Page- 16, Solid Waste Abatement Commission, it was noted that Darlene Bahr's name was mistakenly not included on the ballot; page 20 relating to Town Centre 100 5th Addition, condition 18 should read, that the developer shall work closely with the staff to provide siding of as long lasting nature as possible, and that such exterior siding shall be approved by the staff. All voted yes. STATE REPRESENTATIVE ART SEABERG & LMC LEGISLATIVE COORDINATOR LIZ WITT State Representative Art Seaberg of District 38B appeared and briefly reviewed with the Council some of the more important legislation pending during the 1988 legislature. Spending and taxes are the big issues and he noted a bonding bill of $420 million being proposed by Governor Perpich. The transportation bill is expected to be passed, providing for some construction work at the east side of the Mendota Bridge. Liz Witt, Legislative Coordinator for the League of Cities in District 38B, explained that the proposed Planning and Zoning Act should be monitored carefully during the session. Mayor Ellison stated that the important issues for the City are property tax reform and local government aid which should be spread equitably. 1 Council Minutes March 1, 1988 ROBERT GIEFER - 1988 SPECIAL ASSESSMENTS Mr. and Mrs. Robert Giefer who live at 885 Lakewood Hills Road, had requested they be allowed to prepay the outstanding balance on special assessments, including 1988 installment on their property. Gene VanOverbeke was present and stated he had a concern about allowing prepayment without interest for all of 1988, according to State law and the precedent that it could create. Councilman Egan noted that the waiver that was granted to another property owner about one month ago included a very serious hardship where the property owners did not understand the prepayment provision and were confused about the notice. He also had concerns about precedent and was opposed to the waiver. Member McCrea also was concerned about maintaining the policy and the claim that other owners would make that they misunderstood the prepayment policy. No action was taken. SPECIAL ASSESSMENT INFORMATION - THOMAS VonBEHREN Tom VonBehren appeared together with his attorney, Mary Vujovich, concerning his request on behalf of Twin Cities Legal Support Services, for special assessment information for the purpose of reselling the data to law firms, title companies, and real estate firms. Mr. Hedges indicated that the City currently charges $8.00 for each special assessment search and Mr. VonBehren objected to the payment, and requested time on the City Council agenda to review the matter. The City Administrator and Director of Finance had met with Mr. VonBehren the previous Friday. Ms. Vujovich stated that the searches are public records and that Mr. VonBehren had not been given full access to the public records. She spoke of the public information provision under M.S. 13.03, Subd. 3, and also objected to the fact that one Eagan employee allegedly called a title insurance company and stated that if no fee is paid, that cooperation by the City would be threatened. She claimed a violation of the Data Privacy Act, tortious interference with contract and violation of the Federal Data Act. She requested a written apology to Mr. VonBehren and to the title company and a Resolution authorizing information without cost. Member McCrea was concerned about persons who would walk into the City Hall and request the files be opened and use staff time to review file information. City Attorney Paul Hauge explained that the statute is somewhat confusing and the intent appeared to be to allow persons to review public information without cost, except where copies were required, but that the intention may have been that it would not be used for commercial purposes. 2 Council Minutes March 1, 1988 Mayor Ellison stated that he favored allowing use of the public information allowed under Minnesota law and recommended the information be made available without cost. Councilman Egan noted the City staff is very busy and Cities handle City affairs differently. Mr. Vujovich stated that her client was trying to set up a reasonable time frame for viewing the information and does not intend to use staff time any more than necessary. Gustafson moved, Egan seconded the motion to approve the request for access for any person without cost, for public information and that the Administrator be directed to handle the requested apology within his discretion. All voted yes, except McCrea who voted against. CONSENT AGENDA The following consent agenda issues were brought to the City Council and recommended to be approved: 1. Personnel Items. a. Parks and Recreation Intern. It was recommended that Mel Bailey be hired as an intern in the Parks and Recreation Department commencing March 14, 1988. b. Parks and Recreation Engineering Tech Intern. A recommendation was made that William Bradley be hired as an engineering technician intern for the Parks and Recreation Engineering Department, starting March 7, 1988. c. Police Association - Collective Bargaining Agreement. The agreement offering a 2.5% compensation increase for 1988 and 3% compensation increase for 1989, a compensation rate for investigators to be set at 5% over the base patrol rate, and insurance provisions was submitted and it was recommended the Council ratify the collective bargaining agreement according to the terms of the Council's last offer for 1988 and 1989. d. Maintenance Bargaining Unit - Local #320 - Collective Bargaining Agreement. A recommendation was made that the Council ratify the Collective Bargaining Agreement according to the terms of the Council's last offer between the Maintenance bargaining unit and the City for the years 1988, 1989 and 1990. e. Clerical Reorganization. It was noted that the reorganization of the clerical staff at the Municipal City Center was accomplished January 1, 1988 and it was recommended that the Council approve the following: 3 Council Minutes March 1, 1983 I.., 1. The elimination of the part-time assessment clerk typist position in the Finance Department with the tasks for that position being reassigned to the full-time clerk typist position in Finance. 2. The transfer of the allocation for half-time clerk typist to the Community Development Department, which would then create a full-time position from one of its half-time positions. 2. Plumbers Licenses. A schedule of 9 plumbing license applications was submitted and recommended that the applications be approved. 3. Public Works Vehicle No. 143 - Dump Truck Bids. Bids have been received from the Hennepin County Joint Purchase Project and it was recommended that the Council authorize the purchase of Vehicle No. 143, the dump truck for the Public Works Department, from North Star International in the amount of $39,811.10. 4. Public Works Vehicle No. 144 - Front End Loader. The specifications for a front-end loader for the Public Works Department consisting of Vehicle No. 144 have been prepared and it was recommended the Council authorize the advertisement for bids to be opened at the City Hall at 10:00 a.m. on March 25, 1988. 5. Ridgeview Acres - Project #522. The feasibility report has been completed and it was recommended that it be received covering Ridgeview Acres street lights under Project #522 and the Council authorize the public hearing to be scheduled at the City Hall at 7:00 p.m. on April 5, 1988. 6. Bridle Ridge 2nd Addition - Project #532. A petition had been received for Project #532 for Bridle Ridge 2nd Addition and it was recommended that the Petition be received and the Council authorize the preparation of the feasibility report and detailed plans for the state aid street. 7. Yorkton Industrial Park South 2nd Addition - Final Plat. The application for final plat approval of Yorkton Industrial Park South 2nd Addition was submitted and it was recommended that the application be approved subject to compliance with the City requirements. R-88.9 8. Heine Strasse Lane - Project #533. As part of the County's five-year capital improvement program, Diffley Road from I-35E to Heine-Strasse Lane is scheduled to be upgraded in 1989. Because of the extensive design requirements, a Joint Powers Agreement was necessary to initiate the feasibility report and it was recommended that the Council authorize the preparation of a report for Project #533, Diffley Road from I-35E to Heine-Strasse Lane for streets and utility improvements. 4 Council Minutes March 1, 1988 V,r 9. Blackhawk Hills Road & Federal Drive - Right-of-Way Vacation. A petition had been received for the vacation of right- of-way for Blackhawk Hills Road and Federal Drive. It was recommended that the Petition be received and that a public hearing be scheduled for April 5, 1988 at the City Hall at 7:00 p.m. 10. Safari Pass - Right-of-Way Vacation. A petition was received to vacate excess right-of-way along the west side of Safari Pass, adjacent to Eagan Royale Addition, which was excess right-of- way acquired by MnDOT as a part of the I-35E frontage road construction program and subsequently conveyed to the City. It was recommended to the City Council that it receive the Petition and schedule a public hearing to be held at 7:00 p.m. on April 5, 1988 at the Eagan Municipal Center. Egan moved, McCrea seconded the motion to approve the foregoing consent agenda items and authorize their implementation. All voted in favor. LEXINGTON SQUARE - PROJECT #527 - PUBLIC HEARING Mayor Vic Ellison convened the public hearing regarding Project #527 consisting of storm sewer improvements for Lexington Square. It was discovered, according to Mr. Colbert during the notification process, that all property owners received a notice of public hearing, but that not all those property owners were included in the legal description of the notice, and therefore it was recommended that the hearing be continued. Upon motion by Wachter, seconded Gustafson, it was resolved that the public hearing regarding Project #527 Lexington Square, be continued until the March 15, 1988 regular meeting. All voted yes. THOMAS LAKE POINT DEVELOPMENT - OFF-SITE SIGNAGE Mr. Hedges noted that a request was made by Dominium Group, the developer of the Thomas Lake Point apartment project on Thomas Lake Road that the variance for off-site signage be allowed on Thomas Lake Road and on Cliff Road. Bob Lux from Dominium was present and it was noted that the location of the project was within the woods and that it was a very site sensitive project and appeared to be well developed. Mr. Lux mentioned that the attempt of the developer was to make it a secluded project in a very sensitive area and there was some difficulty in obtaining renters. Mr. Runkle, after questioning, stated that the City policy is that there is to be no off-site signs from November through May, but may have not been intended to cover larger single family residential projects. Two signs were allowed with a maximum of 4 feet by 8 feet in size. Mr. Lux mentioned that it was expected that the project would be rented by late Summer and then re-renting would begin in the Fall of 1988. 5 Council Minutes March 1, 1988 "NO Member Egan favored the exception to the temporary sign ordinance because of the nature of the project and it was noted that 3 foot by 12 foot signs were requested. They would be of a permanent nature but for a maximum of one year with neutral earth- tone colors. Egan moved, McCrea seconded the motion to approve the request for special permit for one sign each on Cliff Road and Diffley Road with a size no greater than 3 feet by 10 feet, noting that the hardship is that the project is secluded, that the developer has done a good job with site sensitivity at the request of the City and the neighboring owners; further, Mr. Gustafson noted that the appearance of the sign appeared to be of good quality. All voted in favor. HOLLAND LAKE STORM SEWER PROJECT - CONTRACT #86-23 Public Works Director Tom Colbert recommended approval of Change Order No. 3 to Contract #86-23 consisting of the Holland Lake storm sewer clean-up improvements. He mentioned that the contractor will not pay for the work and that it was part of the July 23, 1987 storm clean-up cost. Gustafson moved, Egan seconded the motion to approve Change Order No. 3 to Contract #86-23. All voted positively. FISCAL 1987 BUDGET ADJUSTMENTS City Administrator Tom Hedges explained that each year the Director of Finance prepares budget adjustments for the preceding year, representing certain expenditures allowed in 1987 which exceeded the budgetary guidelines for that calendar year. A memo from Gene VanOverbeke dated February 23, 1988 was reviewed and Mr. Hedges mentioned that the high level of activity and also the comparable worth revisions which were the primary reasons for the changes. The City spent $350,000.00 more than its budget, but revenue was increased by $550,000.00 according to the information. Wachter moved, Egan seconded the motion to approve the fiscal 1987 budget adjustments prepared and presented for consideration. All members voted affirmatively. RICHARD'S FOOD & LIQUOR FARMINGTON KNIGHTS OF COLUMBUS - GAMBLING LICENSE An application from the Farmington Knights of Columbus for bingo only gambling license for Richard's Food & Liquor at 4185 So. Robert Trail was upon request of the Police Department, recommended to be continued. Upon motion by Wachter, seconded McCrea, it was resolved that the Council continue the consideration until the March 15, 1988 regular council meeting. All voted yea. 6 Council Minutes March 1, 1988 COMMISSION TERM - CITY CODE AMENDMENT A draft prepared by the Eagan City Attorney's office of a proposed Ordinance Amendment establishing the size of each commission and committee, and the length of terms of each commission or committee member was submitted for the Council's review. City Attorney Paul Hauge recommended a continuance to provide that there be allowance for the Council Resolution regarding special commission appointments and terms and it was noted that one other change on page 2 of the proposed Ordinance should be drafted. Egan moved, Gustafson seconded the motion to continue consideration of the Ordinance revision until the March 15, 1988 regular City Council meeting. All members voted aye. BLACKHAWK POND ADDITION - PRELIMINARY PLAT & VARIANCE An application of Meritor Development Company for Comprehensive Guide Plan, Planned Development Amendment, preliminary plat and variance for Blackhawk Pond Addition was brought to the Council for its review and consideration. Mr. Hedges mentioned that the Advisory Planning Commission reviewed the project at its January 26, 1988 meeting and recommended approval at its meeting on February 25, 1988, subject to certain conditions. Dale Runkle explained the revisions which had been resubmitted to the Advisory Planning Commission, including the shortening of the cul-de-sac, and the lot reduction from 49 to 46 feet total. Larry Frank of Meritor Corporation appeared and mentioned that the stovepipe lot had been lengthened. A portion of the street included a 12% street grade and Councilman Egan asked if Staff had any objections. Mr. Colbert answered that the staff determined that the layout is best suited for the parcel. A cul-de-sac of about 1,300 feet including 1,000 feet within this subdivision, was also requested. Member McCrea complimented the developer on down-zoning from multi-family to single family residential but was concerned about the discharge into Blackhawk Lake, which according to the report, would be fairly insignificant. She requested that the discharge be closely monitored. Member McCrea also questioned the potential flooding noted in the report and asked if there is a potential for flooding. Mr. Colbert answered that there may be some alternatives to minimize the concern. Councilman Wachter also expressed his concerns about tree removal and Mr. Frank stated that the removal would be minimized. There would be permanent access into Blackhawk Park at the south end of the subdivision and also an 80 foot access on the northerly end of the plat. It was recommended by the Park and Rec. Department that the City clearly sign the southerly entrance to the Park. 7 Council Minutes March 1, 1988 There being no objection, Wachter moved, Gustafson seconded the motion to approve the application for Comprehensive Guide Amendment from D-III to D-I. All voted yes. Egan then moved, McCrea seconded the motion to approve the application for rezoning to provide for planned development amendment within Blackhawk Park PD to an R-1 district. All voted aye. Egan moved, Wachter seconded the motion to approve the application for preliminary plat subject to the following conditions: 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 2. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 3. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 4. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 5. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. o. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 7. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 8. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. 8 Council Minutes March 1, 1988 T 9. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 10. This development shall be responsible for the acquisition of all regulatory agency permits in the time frame required by the affected agency. 11. This development shall fulfill its parks dedication requirements as recommended by the Advisory Parks and Recreation Commission and approved by Council action. 12. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 13. The development will be responsible for providing an adequately sized storm sewer to intercept the storm water flow from the northerly terminus of Conklin Lane. 14. The development will be responsible for providing a 3 CFS capacity storm sewer stub to the westerly adjacent property. 15. No site generated storm water runoff will be allowed to discharge directly into Blackhawk Lake. 16. The development will be responsible for providing the appropriate emergency overflow outlets for the small ponding area on the westerly side of the property and for Pond BP-29. 17. The development will be responsible for developing a storm water treatment system which reduces the post-development phosphorus loading levels to pre-development levels. 18. The development will be responsible for providing a sanitary sewer service stub to the westerly boundary of this site in a location and at a depth which provides maximum flexibility for potential development of the westerly adjacent property. 19. A variance shall be granted for the cul-de-sac in excess of City standards. 20. Proposed Outlot A shall be dedicated and accepted for parks purposes and an eventual trail access. 21. The development shall dedicate Outlot "B" for a future park road access to Blackhawk Community Park. Said outlot shall be reconfigured in order to accomplish an engineered roadway. Further, that any temporary road easement for grading purposes be obtained from the developer, at this time. All councilmembers voted in favor. See Plat File 9 Council Minutes March 1, 1988 McCrea moved, Gustafson seconded the motion to approve the request for variance for the cul-de-sac in excess of 500 feet, according to the approved plan. All members voted yes. CLIFF LAKE CENTER - SITE PLAN REVIEW - PRELIMINARY PLAT At 8:15 p.m., City Administrator Tom Hedges introduced the site plan review and revisions to the Cliff Lake Center preliminary plat of the Ryan-Hoffman Development. He explained that the item should have been in old business rather than new business on the agenda, and that the Advisory Planning Commission action taken at its regular meeting on February 25, 1983 recommended approval, subject to some additional conditions. Mr. Runkle described the background of the project which was brought to the Council in 1987 and mentioned that on December 1, a revised plan with changes in internal road configuration was brought to the Council, including the shift of the Cub Food building to the east. At the December 17, 1987 regular meeting, revisions were again provided and modified somewhat in January, including Rahn Road. An Environmental Agreement was approved by the City Council in January of 1988. Currently the revised plan provides for 258,000 square feet of retail use or a reduction of 63,000 square feet and he noted that setbacks from the lake and the amount of impervious surface were issues in the January DNR Agreement. The developer has indicated that the loading area setback of 300 feet could be met. The issue before the Advisory Planning Commission included whether in the new plat, the road alignment shifted, as compared with the December 12 plan, and Mr. Runkle indicated that the road had been shifted about 30 feet on the northwesterly portion of the street. In addition, the detailed grading plan relating to the contours of Cliff Lake also was an issue. Bill McHale of Ryan Construction and other representatives of Ryan-Hoffman were present. Mr. McHale stated that the developer accepted all of the conditions of the Advisory Planning Commission except B and he requested the wording be revised to provide that the agreement with the DNR would be adhered to as written. There were three areas of concern regarding the Cub store, according to Mr. McHale: 1. The entrance behind the Cub store and a berm would be provided on the north side of the road, including plantings screening the loading dock. 2. Hours of operation. There would be a 200 foot setback from the residential area provided to comply with the larger houses. 10 Council Minutes March 1, 1983 3. Conditional use permit for the loading dock. The developer move the Cub food store farther away from Cliff Lake but it will now not comply to the 300 foot loading area distance. The developer would either move the building south and still would be more than 100 feet from the lake, or request a conditional use permit. Mr. Colbert discussed the potential filling of the present outlet from the lake and he stated he understood DNR had no objection nor did the staff. In addition, Mr. Colbert discussed the 30 foot right-of-way movement to the north and indicated that the curvature alignment standards for state aide generally caused the changes and understood that they would conform with the requirements. Michelle Swanson of 1977 Badger Court appeared and had a number of questions. She asked where the water outlet is at the present, running northerly out of the lake, and stated the issue is whether the 890 foot elevation moves the commencement. location for the setback northerly. She also questioned what would happen to Rahn Road and Mr. Colbert stated it would only be abandoned and not obliterated. She also asked whether the berm would normally be commenced outside of the right-of-way and Mr. Runkle answered yes. She recommended against changing the size of the parking stalls from 10 feet to 9 feet in width and asked about the Comp Guide revision. Mr. Runkle indicated that the Met Council has questioned the possible need for revision. The impervious surface under the current plan may be about 71% according to Dale Runkle and she recommended restricting the truck loading from 8:00 a.m. to 5:00 p.m. She also requested that the neighbors be allowed to review the exterior materials before the commencement of construction. Mr. McHale indicated that that would be possible to do. The last request recommended that an EIS be prepared and that a Planned Development amendment hearing be held because of the abandonment of the street, the roadway changes and the EIS changes. A question was asked of Paul Hauge whether there was a need to revise the Planned Development and he answered that an amendment would be required only if there are significant changes from the original Planned Development approved for the entire project based upon the information that would be compiled by the staff. Councilman Egan argued that the final design development is the proper term to use and the Council should approve the final design and construction of Rahn Road. There was discussion concerning condition 19 of the December 1, 1987 City Council approval and it was noted it should continue in effect. Also, Mr. Egan suggested that conditions 14 and 15 were not anticipated in condition 19 and that a change for Rahn Road is not intended. 11 Council Minutes March 1, 1988 Mr. Gustafson stated that abandonment of Rahn Road, which is now contemplated, was not considered on December 1, 1987. Mayor Ellison mentioned that the City staff had recommended changes in the Rahn Road use and alignment. Brenda Christianson of 4232 Jasper, a neighboring resident, argued that the neighboring owners deserve a right to vote on the project. Rahn Road should not be closed off and the developer should have other ways to circulate traffic according to Ms. Christianson. Councilman Wachter asked whether the Council should consider retaining Rahn Road in place or other options for Rahn Road. Mr. Colbert recommended that the most recent design for Rahn Road be the approved alignment. There was a question of more freedom of movement at the Rahn intersection or less traffic north on Rahn Road. Mr. Colbert mentioned that the State of Minnesota has not approved the median and may deny state aid if it does not approve the inclusion of the median at the Rahn Road entrance. Mr. Wachter again suggested reviewing Rahn Road including the proposal that outlet south of the pond. Glen VanWarmer of Short- Elliott Hendrickson was present and addressed the proposal. The objective had been to keep the traffic out of the neighborhood to the north and to keep traffic reduced at the Rahn and Diffley intersection. Only a small part of the traffic on Rahn Road would come from the north part of the Cliff Lake Center and noted the problem for the neighbors proceeding north on Rahn Road if there is a median on Cliff Lake Center Drive. Lisa Maddock had concerns about bus traffic and VanWarmer stated that it would be possible to reroute the school buses. Mr. Colbert also reacted that there are other heavily traveled streets in the City where there are bus stops and that the fencing of school property would not necessarily be required. Ms. Maddock recommended that Target not be located at the Cliff Lake site and that there are other sites available. VanWarmer suggested that the current proposal for Rahn Road appears to be the preferable alignment. Member McCrea asked when the feasibility report concerning the off-site improvement costs will be completed, and Mr. Colbert answered that the public hearing is proposed to be held on April 19, 1988. Mr. McHale, in answer to questions, stated that the developer would pay for all of the cost to Cliff Lake Center Road. Member McCrea recommended that a planned development amendment be required and that a public hearing be held. 12 Council Minutes March 1, 1988 Dennis Klohs appeared and stated that the reason for the present plan is that traffic did not work on the first plan. He suggested that the amount of traffic on Rahn and Cliff Roads be reduced and that the shopping center level of service be made to fit the traffic availability. Member Gustafson asked Mr. VanWarmer whether one driveway access from the Target center is practical and Mr. VanWarmer's answer was, with the traffic signal and the right-turn- in, that the traffic can be handled with a single intersection. Mr. Gustafson also asked whether the intersection with Blackhawk Road not having a 90 degree interchange may be a problem. The answer was that the new alignment will provide for nearly a 90 degree intersection and a better curve alignment. Mr. Gustafson objected to allowing the developer to develop any more of the property for commercial uses and recommended no change in the roadway from the original approval. Mayor Ellison noted that an additional 4 acres had been converted to Commercial use by the December 1 , 1987 Plan in relation to the original Planned Development. Mr. McHale argued that there is less commercial acreage than in the December 17 plan and Mr. Colbert noted that the State Aid standards are what were used to set the final roadway design. Mr. Gustafson further requested that the feasibility report for off-site improvements include factoring in other surrounding development, including the Federal Land property and Mr. Colbert indicated that it had. Dick Hoppe of Westwood Engineering on behalf of the developer, explained that there are differences in the roadway but that a trade-off of area had taken place. He had earlier indicated that the commercial square footage had not changed from the December 17 plan. Mr. Gustafson, however, countered that the Phase One commercial area has been increased and it is the only parcel being considered at the present time. Mr. Egan noted that three engineers present at the meeting all recommended the current roadway design. Council recommended the conditional use permit regarding the location of the Cub building rather than moving the building closer to Cliff Lake. Mr. Wachter again requested that further study be made of the Rahn Road alignment and Councilman Egan indicated that questions are what the residents would gain from the change, the impact on state aid and the safety issues. Mr. VanWarmer noted that allowing a full left turn could be studied and it would require modification to design. Councilmembers generally agreed upon the current alignment. Another issue were the hours of business and according to the City Attorney, if the ordinance provision is complied with, the hours can be extended beyond 7:00 a.m. to 1:00 a.m. Member McCrea recommended the feasibility report covering sharing of off-site costs should be a condition of approval. 13 Council Minutes March 1, 1988 The Council directed the City Attorney and the staff to research and make a recommendation to the City Council whether a planned development amendment covering the revisions in the plat and the site plan, from the original planned development, would be required. Mr. McHale stated that the developer will comply with the provisions of the DNR and City agreement of January 1988. Another question arose as to whether the drainage area can be filled in without council approval and Mr. Colbert stated the staff does not consider the ditch as part of the lake and would issue a grading permit on that basis, but that it requires DNR approval. The Council had no objection to that approach. Mayor Ellison opposed the grading permit until final plat approval because of the site sensitivity. Egan moved, McCrea seconded the motion to approve the revised site plan and preliminary plat, subject to the following conditions: 1. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. 2. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 3. This development shall dedicate, provide, or financially guarantee its proportionate share of the acquisition costs of additional drainage, ponding, and utility easements as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat or outside of dedicated public right-of-way as necessary to service this development. 4. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 5. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements. 6. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City codes and engineering standards and policies, and approved by staff prior to final plat approval. 14 Council Minutes March 1, 1988 7. A detailed grading, drainage, erosion, and sediment control plan shall be prepared in accordance with current City standards and approved by staff prior to final plat approval. 8. All internal public and private streets shall be constructed within the required right-of-way in accordance with City design standards. 9. If any public improvements are to be installed under a City contract, the appropriate project shall be approved by Council action prior to final plat approval. 10. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 11. A conditional use permit shall be obtained from the City Council for the off-street loading area at Super Value. 12. The detailed landscape and lighting plans shall be reviewed and approved by the City, and an adequate bond shall be submitted and not released until one year after the landscaping has been completed. 13. Architectural treatments and aesthetic controls shall be retained by the City of Eagan and reviewed in detail. All sides of each building shall be constructed of the same material. All loading docks shall have false walls or screening walls to properly screen the area. 14. Because of the elevation difference between Cliff Road and the proposed center, parapet walls and mechanical devices on the roof shall be reviewed carefully and screened to the maximum extent possible. 15. The development shall comply with the most recent requirements of the Standard Conditions of Plat Approval as adopted by City Council action. 16. The DNR Agreement will be adhered to and enforced as drafted and executed. 17. Outlot B detention pond will be 100% within property owned by developer. Rahn Road right-of-way will remain in place for possible use by the City as the City Council determines. 18. No grading permit will be issued until an Indirect Source Permit is issued by the appropriate agencies and approved by the City Council. 19. All landscaping for the project (including islands within the parking lot) shall be irrigated to insure healthy plant life. 15 Council Minutes March 1, 1988 20. The property line between CSC and office uses shall not be changed. 21. The staff and the City traffic consultant shall review the access of Rahn Road to Cliff Lake Center Drive, including both the location and the potential of break in the median with the final design to be approved by the City Council. 22. The City attorney and staff shall make a recommendation to the City Council as to whether an amendment to the Eagan Hills West Planned Development shall be required based upon the revisions to the site plan and the preliminary plat and a decision by the City Council shall be made concerning such amendment. 23. The City Council shall make final approval concerning the feasibility report including off-site improvements, and the allocation of such costs to the affected property owners in the area. All voted yes except Gustafson who voted no. The public hearing concluded at 10:30 p.m. See Plat File EAGAN HIGH SCHOOL - DAKOTA HILLS MIDDLE SCHOOL REZONING & PRELIMINARY PLAT The application of Independent School District #196 for rezoning and preliminary plat approval for Eagan High School and Dakota Hills Middle School was next brought to the Council. It was recommended that the consideration be continued until the next regular meeting. Upon motion by Egan, seconded McCrea, it was resolved that the recommendation to continue the consideration until the regular meeting of the City Council on March 15, 1988 be approved All voted yes. See Plat File SCHINDELDECKER 1ST ADDITION - FIRE STATION NO. 5 The next application to come before the Council was the Comprehensive Guide Plan amendment, rezoning of 2 acres from Agricultural to Public Facilities and preliminary plat for Schindeldecker 1st Addition for the location of the proposed Fire Station No. 5 project. The Advisory Planning Commission held public hearings on January 26, 1988 and February 25, 1988 and recommended approval subject to certain conditions. Dale Runkle described the plan and noted issues before the Planning Commission included landscaping and location of the access to the street. There were no objections at the City Council meeting. 16 Council Minutes March 1, 1983 Wachter moved, Egan seconded the motion to approve the application for comp guide amendment to Public Facilities. Member McCrea stated she had some major concerns regarding old Galaxie Road and the outlet for the 3 acres owned by Mel Astleford adjacent to the west. She noted the dangerous location of Galaxie unless a 90 degree intersection is provided, and Mr. Colbert answered that a better access to Galaxie will be available when the land to the north is developed. Ms. McCrea recommended that if a new access is provided, that old Galaxie not be used except for driveway to the Fire Station. All members voted yes. Egan moved, Wachter seconded the motion to approve the application for rezoning from Agricultural to Public Facilities. All voted yea. Egan moved, Gustafson seconded the motion to approve the request for preliminary plat, subject to the following conditions: 1. This development shall dedicate 10 foot drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards and approved by staff prior to final plat approval. 3. This development shall insure that all temporary dead end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A detailed landscape plan shall be submitted on the proposed grading plan and approved by staff prior to the final plat approval. The financial guarantee shall be included in the Development Contract and not released until one year after the date of installation. 5. If any public improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. 6. All standard platting and zoning conditions shall be adhered to unless specifically granted a variance by Council action. 7. This development shall accept its additional assessment obligations as defined in the staff's report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. All voted affirmatively. 17 Council Minutes March 1, 1988 ECONOMIC DEVELOPMENT PLAN - TWO YEAR & FIVE YEAR The City Administrator brought to the City Council, the recommendation of the Economic Development Commission for the approval of the two and five year action plans. He noted that most of the items in the plan had been reviewed or given direction by the City Council and they are intended to become a guideline for work tasks that impact economic development within the community. In addition, the City would use the plan as part of the Star City recertification schedule for 9:00 a.m. Thursday, March 10, 1988. The question was asked whether the commercial use study should be included and it was noted that it is included in the action plan. There were no priorities set, according to Mr. Hedges, and consideration of the Eagan Community Center was suggested to be considered rather than constructed in the five-year plan. Egan moved, McCrea seconded the motion to approve the two and five year action plans recommended by the Eagan Economic Development Commission. All members voted yes. PUBLIC IMPROVEMENT CONTRACTS 1. Radio Communications Contract. It was recommended that the bids for the radio communication contract, existing mobile radio modifications, be received and the contract be awarded to the low bidder, Communications Center, in the amount of $1,067.00. Wachter moved, McCrea seconded the motion to approve the recommendation. All voted yes. 2. Stafford Place - Trunk Utilities - Contract #87-24. Mr. Colbert noted that the Change Order to the contract was being proposed to complete work on Contract #87-6 and recommended they be approved. Wachter moved, Gustafson seconded the motion to approve Change Order No. 2 to Contract #87-24 in the amount of $6,323.82 and authorize the mayor and clerk to sign the necessary documents. All voted in favor. 3. Cliff Road Johnny Cake Ridge Road to Pilot Knob Road - Project #510. Upon motion by Egan, seconded Gustafson, it was resolved that the City Council approve the City/County Joint Participation Agreement for Project #510 consisting of Cliff Road/Johnny Cake Ridge Road to Pilot Knob Road. All voted aye. MOBILE RADIO - SURPLUS PROPERTY The staff recommended the Council declare 24 mobile radios as surplus property and authorize their trade to Communications Center in exchange for one new Midland Mobile Radio. Upon motion by Gustafson, seconded Wachter, it was resolved that the recommendation be approved and implemented. All voted aye. 18 Council Minutes March 1, 1988 LEAGUE OF MINNESOTA. CITIES "CITIES WEEK" The League of Minnesota Cities, according to Mr. Hedges, is celebrating its 75th anniversary during 1988. The week of May 1 through 7, 1988 has been designated as Cities Week. Administrative Assistant Holly Duffy's memo dated September 3, 1987 was discussed, including several options that the City may decide to participate in to celebrate the event. Because of the high volume of development work that the staff is involved with, the City Council suggested the events be kept at a fairly low key. OPTISCAN VOTING EQUIPMENT The City Administrator explained that at the February 16, 1988 City Council meeting, members requested the staff look at various financing options including lease-purchase arrangements. Director of Finance submitted a memo dated February 26, 1988 indicating that two quotes were made for leasing, including Norwest Investment Services, Inc. at approximately 7.24% for a five year proposal and Marquette Leasing Services, Inc. for 3 to 5 year lease in the high 7% interest bracket. Purchasing from the City funds spread over 3 to 5 years or use of equipment certificates were other financing methods. Councilman Gustafson suggested keeping the current equipment for the 1988 general and special elections and that there be no request to purchase at the present time in order to stay within the current budget process. Gustafson moved, Wachter seconded the motion to retain the present equipment for 1988 based upon the reasons described above. All members voted yes. SAVE YOUR VISION WEEK The Proclamation submitted by Yankee Eye Clinic declaring the week of March 6 through March 12, 1988 is Save Your Vision Week in the City, was submitted. Gustafson moved, McCrea seconded the motion to adopt the proclamation. All voted affirmatively. 19 Council Minutes March 1, 1988 CONSULTING ENGINEER FIRM SELECTION PROCEDURE The City Council at its meeting on February 2, 1988 determined to seek Statements of Qualifications from engineering firms for the purpose of providing consulting engineering support to the City. The SOQ's have now been submitted from about 29 engineering firms for various engineering services and the staff requested direction from the City Council. A suggestion was made that the staff reduce the list to approximately 3 to 6 for general engineering services and Member McCrea recommended the City Council use Eagan based firms, if possible. The Council gave direction to the staff to reduce the number of firms to 3 to 6 firms and the Public Works Committee would then meet on March 11, 1988 at City Hall from 3:00 to 6:00 p.m. to interview the finalists. COMMERCIAL RETAIL STUDY Proposals have been received from four consultants to analyze the City's commercial retail needs and each of the proposals was submitted with the City Council packet. It was noted that the bids were higher than projected but that the four varied dramatically in the amount of their bids, from $17,500 to $38,000. Councilman Egan stated it was important to proceed with the commercial study and Member McCrea suggested that some of the information could be acquired by the staff without paying the firm that is engaged to do the study. Mayor Ellison was concerned about credibility of a firm which has done work for developers in the City and Councilmember McCrea recommended that the Councilmembers and the staff meet with Public Financial Systems and Laventhol & Horwath representatives with the staff preparing questions. Wachter moved, Gustafson seconded the motion to proceed based upon the foregoing recommendation as soon as possible with the City Administrator setting a time for the meeting. All voted yes. QUALITY DEVELOPMENT INDICATORS A memo from Tom Colbert, the Director of Public Works, dated February 29, 1988: indicating- that quality indicators had been submitted at a special City Council workshop on February 25, 1988 regarding various phases of development and growth in the community. The Councilmembers were encouraged to submit other quality indicators for final review. 20 Council Minutes March 1, 1988 CLIFF LAKE GALLERIA - PROJECT #529 The feasibility report for Project #529 consisting of street and utilities for the proposed Cliff Lake Galleria has been completed. Upon motion by Egan, seconded McCrea, it was resolved that the Council receive the report and schedule a public hearing to be held on April 19, 1988 with the understanding that an informal presentation of the draft report will be delivered by the staff prior to the hearing on April 19, 1988. All councilmembers voted positively. DAKOTA COUNTY SOLID WASTE MANAGEMENT PROGRAM Tom Hedges explained that a public information meeting will be held at the Dakota County Library in Eagan on Thursday, March 17, 1988 at 6:00 to 9:00 p.m. regarding the Dakota County Solid Waste Management Program. CHECKLIST Wachter moved, Egan seconded the motion to approve the checklist dated March 1, 1988 in the amount of $218,624.51. All voted yea. ADJOURNMENT McCrea moved, Egan seconded the motion to adjourn the meeting at 12:05 a.m. All voted in favor. PHH Cit Clerk 21