02/09/1988 - City Council SpecialMINUTES 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 Torn 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.
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=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. K]..ohs
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.
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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 - EAGAN HIGH 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.