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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. 1 Council Minutes December 1, 1987 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 2 Council Minutes December 1, 1987 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. 3 Council Minutes December 1, 1987 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. 4 Council Minutes December 1, 1987 *E I-A 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. 5 Council Minutes December 1, 1987 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. 6 Council Minutes December 1, 1987 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 7 Council Minutes December 1, 19871.":' 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. 8 Council Minutes December 1, 1987 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. 9 Council Minutes December 1, 1987 (W kr717_,'77~ 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; 10 Council Minutes 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. 11 Council Minutes December 1, 1987 11.7, t 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. 12 Council Minutes 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. 13 Council Minutes 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: 14 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. 15 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 16 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. 17 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. 18 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 19