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12/20/1983 - City Council RegularSUBJECT TO APPROVAL • MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL KAGAN, MINNESOTA DECEMBER 20, 1983 A regular meeting of the Eagan City Council was held on Tuesday, December 20, 1983 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Assistant City Engineer Hefti, Public Works Director Colbert, Consulting Engineer Rosene, City Planner Runkle and City Attorney Hauge. AGENDA Upon motion by Egan, seconded Wachter, it was resolved that the Agenda be approved with the understanding that the race track facility industrial bond issue and the two applications of Naegele Outdoor Advertising Co. be con- tinued. All voted yes. December 6, 1983 - Regular Meeting. Upon motion by Wachter, seconded • Thomas, it was resolved that the minutes of the December 6, 1983 regular meeting be approved with the addition on page 2 relating to Project #393, that the public hearing be scheduled for January 17, 1984; further, on page 9 relating to Odell vs. City of Eagan, that the Mayor asked for an opinion as to the change of vote by Councilmember Smith. All voted yea. November 10, 1983 - Special Meeting. Wachter moved, Thomas seconded the motion to approve the minutes. All voted yea. November 22, 1983 - Special Meeting. Wachter moved, Smith seconded the motion to approve the minutes. All voted in favor. November 30, 1983 - Special Meeting. Smith moved, Thomas seconded the motion to approve the minutes as presented. All voted yes. PARR AND.RECREATION DEPARTMENT City Administrator Tom Hedges stated that the Park Commission has re- viewed the issue of transplanting trees in City Parks from future rights-of- way or within grading areas of subdivision development to City Parks and recommended that such a policy be approved by the City Council. Wachter moved, Thomas seconded the motion to approve the recommendation policy for transplanting trees from public rights-of-way or new subdivisions to City Parks and/or other approved public properties, with the understanding that Cedar Pond Park be the location for trees. All voted yes. • Council Minutes December 20, 1983 • SNOW MAINTENANCE VEHICLES The City Administrator was asked to prepare an update for the City Council's review concerning problems with the maintenance of snow removal vehicles owned by the City. CONSENT AGENDA The following consent agenda items were presented to the City Council and recommended for approval: 1. Setback Variance - Dale Wagnild. A request was made at the December 6, 1983 meeting by Dale Wagnild for consideration for front setback variance on Lot 5, Block 5, Oak Ridge Acres Addition and it was continued from that meeting. The staff recommended approval, noting that Mr. Wagnild's acceptance of the financial offer for the acquisition of temporary and permanent right- of-way, due to I -35E construction, was subject to receiving approval of front yard setback variance. It was recommended that the variance application be approved. 2. Winter Recreation Leaders. The Park Director has recommended a list of winter recreation leaders, a copy of which names is included in the packet • for approval by the City Council. 3. Kathleen Gilbertson - Kennel License _ 3995 Dodd Road. The applica- tion of Kathleen Gilbertson for kennel license for 3995 Dodd Road to house over three dogs was submitted to the Council. Staff recommended approval, subject to compliance with the ordinance requirements. 4. City of St. Paul - Joint Purchasing Agreement. The staff has recom- mended that the City enter into a joint purchase agreement with the City of St. Paul, giving the City the right to accept bids taken by the City of St. Paul, similar to that with Hennepin County and the City of Minneapolis. Upon motion by Smith, seconded Thomas, it was resolved that the foregoing consent agenda items be approved and that they be ordered implemented by the appropriate officials. All voted in favor. A request was submitted at the direction of the Council by Finance Director VanOverbeke for quotations from two firms for the purpose of pur- chasing a Hewlett Packard 150 Micro -Computer for the City offices. Two bids have been received and it was noted that Logis is expected to have available within a very short period of time quotations for purchase of the same equip- ment. Mr. Hedges explained the proposal and Smith moved, Thomas seconded the motion to order the purchase from the low bidder, being either Dodd Technical • or Logis, depending on the Logis quotation, and further provided that it complies with State statutes and City requirements. All voted yes. 2 Council Minutes • December 20 1983 + •`' 1-356 TRUNK STORM SEVER - PROJECT #354 MnDOT requested a construction permit from the City over the south 40 feet of the 200 foot NSP highline easement and submitted a proposed construc- tion permit from the City. Wachter moved, Egan seconded the motion to approve the construction permit, subject however, to revision in the wording to pro- vide that the State will release the City from any damages due to the entry upon City property. All voted yea. KNOB BILL PROFESSIONAL PARE - PROJECT #386 - BRART Mayor Bea Blomquist convened the public hearing regarding Project 0386 concerning the installation of streets and utilities for Knob Hill Profes- sional Park. Mr. Hefti and Mr. Rosene explained the project and there were questions from the Council, including the size of the waterline. A one-half inch,service will be installed and if no service is required in the future, the developer will be requested to install the additional water line. Egan moved, Wachter seconded the motion to close the hearing, to approve the re- port, to order in the project but not to authorize the plans and specifica- tions until later approved by the Council. All voted in favor. WESCOTT ROAD - PROJECT #305 -_FINAL ASSESSMENT REARING • The next hearing convened by the Mayor concerned Project 0305 consisting of final assessments for the Pat McCarthy property consisting of trunk water improvements. The staff, including the City Attorney, explained the back- ground and the reason for the new hearing noting that an assessment hearing was first held on July 5, 1983 and objections were submitted by the property owners. No objections were submitted and Findings of Fact, Conclusions of Law and Proposed Levy of Assessments were submitted to the Council for approval. After discussion concerning the proposed increase in market value to the property, upon motion by Egan, seconded Smith, it was resolved to close the hearing, to adopt the Findings, Conclusions and Levy of Assessments as sub- mitted, and authorize the completion of the assessment project according to the Findings. There were no objections submitted to the City on behalf of the affected property owners. All voted in favor. DUCKWOOD TRAIL ADDITION - EASEMENT VACATION The public hearing regarding the proposed vacation of drainage and utility easements in Duckwood Trail 2nd Addition was brought before the Council. It was noted that the 2nd Addition final plat has not been submitted for final approval and ordinarily the City will not vacate until the final plat has been recorded. There was no appearance on behalf of the applicant and no objection to the proposed vacation. Upon motion by Smith, seconded Wachter, it was resolved that the hearing be closed and the vacation resolu- tion be approved, subject however, to the recording of the vacation.not taking • place until the final plat for Duckwood Trail 2nd Addition has been approved and has been recorded. All voted yea. 3 Council Minutes December 20, 1983 E WATER TREATMENT PLANT — PROJECT 0371 — STREETS d, UTILITIES The reconvened public hearing regarding Project 0371 consisting of streets and utilities leading to the water treatment plant in the Coachman Road area was convened by the Mayor: It was noted that the Eagan legal newspaper had inadvertantly published the notice of the hearing for only one week rather than two, as has been requested by the City staff, and that Bond counsel requested a rehearing. Don Sandberg and Mr. Bohlig appeared. Mr. Sandberg questioned why the Yankee Square and Surrey Heights area had not been assessed and it was noted that they had been assessed at an earlier time. He objected to the assessments to his property on Yankee Doodle Road. There being no further questions or comments, Wachter moved, Egan seconded the motion to close the public hearing and approve Project 0371. All members voted yes. FEDERAL REVENUE SHARING BUDGET FOR 1984 Mr. Hedges reviewed with the Council the proposed 1984 Federal Revenue Sharing Funds and noted that the new allocation and balance on hand is $398,876.00 with $137,749.00 anticipated as the 1984 allocation. There were • no comments or objections from the public and after review by the Council, Thomas moved, Wachter seconded the motion .to approve the 1984 Federal Revenue Sharing Budget designating expenditures for future capital and operating expenses as deemed appropriate by the City Council. All voted yea. DAVIES = INDUSTRIAL REVENUE FINANCING The public hearing regarding the application of Theodore A. Davies for Sales Marketing, Inc. concerning $705,000.00 industrial revenue financing bonds was convened by the Mayor. It was noted that the original request was $930,000.00, but that the cost of the land had been excluded. All financial information had been submitted and the staff recommended approval, subject to compliance with all City and State requirements. Mr. Davies was present as was a representative of Juran and Moody. They discussed the change in the industrial revenue financing law that is scheduled to take effect January 1, 1984 and requested both preliminary resolution and final resolution to be considered on December 20, 1983. It was noted it would be a single revenue note with a single institutional investor and would be approved by the State of Minnesota. There were no objections and Egan moved, Wachter seconded the motion to approve the preliminary resolution concerning industrial revenue financing as requested by Mr. Davies for Sales Marketing, Inc. All voted in favor. The final resolution was then submitted to the Council and there being no objections, Smith moved, Egan seconded the motion to approve the final resolution of the Theodore Davies industrial revenue financing project, sub - jest to City staff and City Attorney review and approval. All voted yes. • 4 • • Pi Council Minutes December 20, 1983 FAWN RIDGE ADDITION - PRELIMINARY PLAT The application of Countryside Builders and Jerry Lagro for preliminary plat approval of Fawn Ridge Addition located south of Wilderness Run Road and north of Cliff Road was again presented to the Council. The application was last heard at the December 6, 1983 meeting and the Mayor reviewed the current proposal and the marked up preliminary plat that had been submitted by the applicant. Mr. Runkle also explained the current status of the application and noted the duplex lots conform with the minimum city requirements and also noted the single family lots that do conform and those that do not conform. It was noted that the pond in the southeast corner will not be accepted by the City and the adjoining lot lines will be extended through the pond. Residents from Oak Pond Hills were present and stated that they were generally satisfied with the proposal except that they would prefer to block off the road through Oak Pond Hills. Mayor Blomquist stated that about two-thirds of the lots do not conform with the requirements, and further made the following comments: 1. No attempt has been made to comply with the zoning ordinance. area. 2. Consideration has not adequately been given to the trees in the 3. The City Council does in fact have the discretion to decide what happens in regard to a PUD development. 4. The plat should be in the best interest of the citizens in the surrounding area and compatible with the surrounding zoning. 5. The City Council, in its wisdom, has provided a number of small lots in other areas in the City. 6. Lot densities should not be transferred to allow for greater den- sities from one plat to another. 7. The lot size shall comply with the minimum lot size and dimensions of the current zoning ordinance standards. Mayor Blomquist then moved, Thomas seconded, the motion to approve, subject to the following: 1. That the lot sizes will comply with the minimum standards of the City, subject to the recommendations of the Advisory Planning Commission excluding conditions numbered 4, 16, 17 and 20. k Council Minutes December 20, 1983 • Councilman Egan then stated that the neighborhood is basically satisfied with the proposal, that there is R-2 land use for the property and that a one- way street could be installed to resolve the street problem. The density is on the high side in the R -I area with a net of about 3.5 units per acre and the alternatives of the developer could be to build R -II use and more dense and would not be as compatible with the neighboring R -I. After extended discussion, Councilman Thomas withdrew his second and stated that it was his opinion that the layout would be better than what might be proposed under a future. plat for the development. Councilman Smith recommended approval of the plat and stated the Council cannot approve a plat that has not been proposed to it. Wachter stated that he does not approve of the small lots, but that the market for single family lots is better than for duplexes and it might be possible to eliminate a few lots and then the plat could totally conform with the minimum requirements. Mayor Blomquist stated she agreed with Mr. Wachter's comments and said that more vegetation would be saved if the lots were reduced in size. Jim Curry and Jerry Lagro were present. Wachter seconded the motion and those in favor were Wachter and Blomquist; those against were Thomas, Smith and Egan. Egan then moved, Smith seconded the motion to approve the application, subject to the following conditions: 1. That all revisions incorporated in the recentdrafts of the prelimi- • nary plat be approved including the street connection to Cliff Road. 2. The plat shall be reviewed by the Dakota County Plat Commission because the plat abuts County Road right-of-way. 3. All ordinance requirements for lot coverage and setbacks shall be adhered to. 4. A detailed grading, drainage and erosion control plan shall be submitted and reviewed by staff prior to final plat approval. 5. A deviation from the standard lot size requirements shall be approved in relationship to this specific plan for single family lots only. 6. Restricted access shall be required along Wilderness Run Road, Dodd Road and Cliff Road with the exception of Lot 1 of the twin home lots along Wilderness Run Road if adequate access cannot be provided to that lot. 7. The plat shall be subject to the Park Commission's review in regard to the parcel to be dedicated for parkland in accordance with the Lexington South Planned Development Agreement. 8. All other City ordinances shall be adhered to. 9. If installed privately, plans and specifications for utilities shall be prepared by a registered engineer and submitted to the Engineering Depart- ment for approval. 11 Council Minutes • December 20, 1983 ..,., 10. This plat shall relocate the northerly„road connection to Dodd Road so that it aligns with the street platted or approved for the Overhill Farm Addition. 11. Right-of-way and easements shall be dedicated according to staff recommendations. 12. A detailed grading and erosion control plan shall be submitted for approval. 13. This development shall be responsible for its trunk area storm sewer assessment prior to final plat approval at the rates in effect at that time. 14. All costs associated with future improvements shall be the sole responsibility of this development. 15. The access through Oak Pond Hills shall be studied and the staff will report to the Advisory Planning Commission for final recommendation. 16. A homeowners association shall be established for maintenance of the . twin homes. 17. No single family lots shall be less than 65 feet at the front setback lines. • 18. No duplex lots shall be less than 90 feet at the front setback line. 19. All duplex lots shall conform with 65 square footage requirements under the Eagan ordinances. 20. All potential single family home buyers shall be presented a copy of the proposed development if the single family lot is adjacent to a proposed duplex unit. 21. The development agreement shall provide for continuity in architec- tural theme and design with the understanding that the developer will provide for an enforcement mechanism in the covenants and restrictions for the sub- division. 22. The Planning Commission shall review the Lexington South Planned Development and provide an update of the development regarding density. Egan, Thomas and Smith voted yes; and Wachter and Blomquist voted no. 7 Council Minutes December 20, 1983 • RIDGECLIFFE 6TH ADDITION - UTILITIES The City Council had continued consideration of final acceptance of the utilities of Ridgecliffe 6th Addition from the December 6, 1983 meeting and the staff now recommended acceptance by the City. Upon motion by Wachter, seconded Smith, it was resolved that the utilities, including those installed servicing Ridgecliffe 6th Addition be approved and accepted for perpetual maintenance by the City. All voted yes. MINNESOTA JOCKEY CLUB - INDUSTRIAL REVENUE FINANCING The proposed final resolution for $27,000,000.00 in industrial revenue financing for the Minnesota Jockey Club was next presented to the Council. Mr. Hedges stated that bond counsel had not completed all of the document preparation and recommended that the council consider the issue at its special meeting on December 22, 1983 at 7.00 p.m. Upon motion by Egan, seconded Smith, it was resolved that the -recommendation for consideration at the Decem- ber 22, 1983 meeting be approved. All voted yea. NATIONAL OUTDOOR ADVERTISING - CONDITIONAL USE PERMIT • The application of National Advertising Company for conditional use permit for outdoor advertising sign on new Cedar Avenue within the railroad right-of-way was again brought before the Council. The Council first con- sidered the item at its August 16, 1983 meeting and several extensions have taken place since that time. Mr. Hedges stated that questions had arisen at the October 18, 1983 council meeting as a result of the attorney for National Advertising, Jerry Brill, having reviewed aspects of the Federal and State Outdoor Advertising laws and memoranda were submitted by Mr. Brill and by Paul Hauge, the City Attorney, regarding the issue. Mr. Brill was present at the meeting. Paul Hauge reviewed his interpretation of the relation between the Minnesota Outdoor Advertising Control Act, M.S.A. 173, the Federal Highway Beautification Act and the City Sign Ordinance. He indicated that if the City Ordinance is more restrictive relating to spacing, lighting and size of signs, that State certification should not be required. He stated that he had gotten telephone opinions both from a right-of-way engineer from the Minnesota Department of Transportation and a representative of the Attorney General's office supporting that position. There was also discussion concerning the zoning category for the railroad right-of-way within which the advertising sign was proposed to be located and it was further noted that a permit had been acquired in 1976 by National Advertising Co. for the location. Mr. Brill made a presentation to the Council and reviewed his opinion dated December 9, 1983 stating' that it was his opinion that the Eagan Ordinance did not comply with state law and that the Ordinance must be certified by the Commissioner of • the Department of Transportation. The Mayor had questions concerning the zoning and Councilman Wachter was concerned about the scenic value within the Council Minutes • December 20, 1983 Minnesota River Valley area. Councilman Wachter moved and Egan seconded the motion that contacts be made with the Minnesota Department of Transportation and the Minnesota Wildlife Refuge Board representatives to review existing regulations and recommended .that the area within the river valley be desig- nated as a scenic area for purposes of location of signs. All voted in favor. Councilman Egan indicated that it was his opinion that the railroad property was not zoned and that if the Council were to allow billboards within railroad rights-of-way, that there would be many potential locations throughout the City. He also stated that it was his opinion that the City Council had the right to deny the application in spite of previous approval by the City Council, in that it was not bound by prior council action, if in fact, the action was not properly taken. Attorney Rolland Crawford appeared on -behalf of Ralph Linvill, the owner of adjacent property and stated it was his' opinion that the property had not been zoned for industrial zoning and thought that it may be zoned Flood Plain upon his review of the City' records. Therefore, he opposed the grant of any permit for a billboard in that location. After extended discussion, Egan moved, Smith seconded the motion to deny the application for the conditional use permit for reasons including those mentioned above and the following: 1. The location is inappropriate under the existing zoning within the railroad right-of-way. • 2. In the event that the application is approved, it would then create the potential for other outdoor billboard signs in many locations within railroad rights-of-way within the City. 3. That Minnesota Statutes would not authorize the size of the bill= board without City approval. . 4. The City Ordinance does not allow the face.of the sign to exceed 250 square feet. 5. There would clearly be safety problems that would arise with the location of billboards within railroad rights-of-way which would be also created in the event that such billboards would be permitted to be located in highway rights-of-way. All voted in favor. \ Smith then moved, Wachter seconded the motion to rescind the action of the previous city councils regarding the location of a billboard within the railroad right-of-way granted to National Advertising Co. because it is lo- cated -within railroad right-of-way and noted it was the understanding of the former City Council that the location was outside of the railroad right-of-way on industrially zoned property. All voted in favor. Egan then moved, Blom- quist seconded the motion to authorize the preparation of a revision to the sign ordinance to exclude the location of permanent outdoor advertising bill- boards within railroad rights-of-way or highway rights-of-way based upon safety reasons within the City. All voted yes. 0 Council Minutes December 20, 1983 • NAEGELE OUTDOOR ADVERTISING CO. - OUTDOOR ADVERTISING SIGN An application by Naegele Outdoor Advertising Co. for conditional use permit for outdoor advertising sign on Cedar Avenue near the railroad right- of-way was next presented to the Council. It was noted that this application had also been heard at an earlier time by the City Council and had been continued at the request of the applicant. Upon motion by Wachter, seconded Egan, it was resolved that the application be continued for consideration at the January 17, 1984 City Council meeting. All voted yea. LARRY PEDEASEN .- THE RENTAL PLACE The application of Larry Pedersen for conditional use permit for outside_ storage in conjunction with equipment rental business on Lot 1, Block 1, Barton McCray Addition was brought before the Council. Mr. Hedges discussed the Advisory Planning Commission action recommending approval of the applica- tion, and Mr. Runkle explained the information included within the applica- tion. He noted that a pylon sign will be requested and the application is in process, although the notice has not been advertised therefore, not formally before the council. Larry Pedersen was present and also other representatives on behalf of the applicant. He stated that he has operated The Rental Place, on Cliff Road in Burnsville, 'for 12 years; and was requesting a permit for outside storage for a small number of articles and possibly a maximum number of 30 pieces at one time. Councilmembers expressed the need to keep the area orderly and also to present a very detailed landscape plan and allow adequate screening. Mr. Runkle recommended a time frame be set up for blacktopping the entire parking lot and storage area. Smith moved, Thomas seconded the motion to recommend approval of the application, subject to the following: 1. Class 5 gravel will be permitted in the area designated in the application for gravel parking area provided, however, there are adequate dust control measures approved by the City but that the gravel parking area shall be blacktopped within five years of City Council approval of the conditional use permit; further, that the staff may inspect the parking area at least annually and if the gravel'parking area is adequate, the staff may require the balance of the lot to be blacktopped according to a schedule specified by the City. 2. No storage shall be allowed over six.feet high in the storage area. 3. A detailed landscape plan shall be submitted and approved by the City Council for the storage area and an adequate landscape bond shall be obtained and not be released until one year after the landscaping has been completed. 4. A five-foot green area shall be provided along the northeasterly property line. • 10 • Council Minutes December 20, 1983 WESTBURY ADDITION - PRELIMINARY PLAT The application of Gabbert Development Co. for preliminary plat approval of Westbury Addition consisting of 47 acres with 129 single family lots and 28 twin home lots was brought before the Council. Mr. Gabbert was present and stated that the application included 18 twin home lots for a total of 36 separate units. The Advisory Planning Commission at its meeting on November 22, 1983 recommended approval of the item, subject to conditions. Dale Runkle reviewed the application in some detail indicating there'are two phases covering the single family and twin home lot proposal, the area designated R - II in the north portion and the balance R -I under the Guide Plan. The single family lots would be from 60 to 75 foot frontage and the duplex lots would have a minimum 100 foot lot width and 15,000 square feet in area. There was discussion concerning the possible relocation of the northerly access farther west and Mr. Gabbert stated that negotiations are taking place with McCarthy owners for crossing of their property at the present time. Staff recommended against a second east -west access along the west boundary noting the terrain is too steep. Mr. Gabbert stated that the park will be a nature preserve, a tot lot will be installed in the south portion of the property, minimum lot size for the single family will be 7,500 square feet, the density according to his calculations is 2.75 units per gross acre. and the twin units will only be • along the north and east as a buffer. The flat land'is intended for R-1 single family, the westerly portion would include 80 foot frontage single family lots along the 5% to 6% grade street. In addition; covenants are proposed for the single family lots and a homeowner's association for the duplex lots. No variances will be required except for the frontages and square footages, according to Mr. Gabbert. Councilman Wachter was concerned about the small lots and Councilman Egan reviewed his calculations, indicating that it appeared that there would be a net of 39 acres after exclusion of the 8.7 acre park with 161 units, indicating 4+ gross units per acre. He also compared this project with the Fawn Ridge project and indicated that here there are no surrounding developments so there is no need for a buffer. Therefore, this development is not intended as a buffer. There are 60 foot lot frontages as opposed to 65 feet in the Fawn Ridge project, many lots are 7,500 square foot minimum and there is great potential for disruption of terrain and topography. It was noted that developers are generally not allowed to develop at the maximum density, noting that here the maximum density in the R -II portion would be 6 units and in the R -I area would be 3 units per acre. After extended discussion, Egan moved, Wachter seconded the motion to continue the application until the January 3, 1984 meeting with the understanding that the staff prepare computations concerning the actual acreage within the development including the park area and also to propose revisions to the proposed plat to conform with the concerns expressed by Councilmembers, which shall also include the actual computations of the lots covering frontages and • sizes of the lots within the development. All voted in favor. 11 Council Minutes December 20, 1983 • WINDTREE 3RD ADDITION - PRELIMINARY PLAT The application of Windtree Company for revised preliminary plat of Windtree 3rd Addition consisting of 16.1 acres of Windtree 2nd Addition, except Lots 13 and 14, containing 29 single family lots was brought before the Council.Jim Hill, Planner, appeared on behalf of the applicant and Dale Runkle presented the application to the Council. He stated that residents in South Hills Addition had appeared at.the Planning Commission meeting and generally supported the project. Mr. Hill explained the application in some detail and it. was noted the Advisory Planning Commission recommended approval, subject to certain conditions. After discussion, Wachter moved, Egan seconded the motion to approve the application.for preliminary plat approval, subject to the following conditions: 1. The applicant shall be responsible for the costs associated with the relocation of any of the utilities that have to be reconstructed within the development. 2. All lots shall meet or exceed the R-1 zoning standards. 3. The existing easements shall be 'vacated and the new easements shall be established with the replat. 4. All other City ordinances shall be adhered to. 5. If installed privately, the plans and specifications for the utility • services shall!be prepared by a registered engineer and include proposed house elevations and sanitary sewer service elevations and be submitted to the Engineering Department for approval. 6. •All utility and drainage easements shall be dedicated as required by staff. 7. The utility and drainage easement as described on the Windtree 2nd Addition in Block 3 shall remain the same and be incorporated with this plat. B. Where required, cross easements shall be provided for sewer services. 9. This development shall be responsible for all costs resulting from the utility service construction. All voted yes. PUROLATOR COURIER CORP. - CONDITIONAL USE PERMIT The application of Purolator Courier Corp. for conditional use permit for outside storage of delivery service vehicles at its proposed location in the former Warner Hardware building on Lexington Avenue was next considered by the • Councilmembers. Representatives of Purolator Courier were present and stated .12 Council Minutes December 20, 1983 • that their business, that of an overnight package delivery service, currently has a facility in Minneapolis. The,.Advisory Planning Commission recommended approval and there was discussion concerning access to the property. It was noted that blacktopping of the parking lot has now been completed. Wachter moved, Egan seconded the motion to approve the application, subject to the following conditions: C, J 1. That the area for outside storage shall be marked in accordance with the site plan submitted. 2. That the conditional use permit shall be renewed annually, if it conforms with all other applicable City ordinances. All voted yes. RIDGBCLIFFE 6TH ADDITION-- FINAL PLAT The application of U. S. Homes Corporation for final plat approval of Ridgecliffe 6th Addition was brought before the Council. There was no appearance on behalf of the applicant and the staff did recommend approval. Egan moved, Thomas seconded the motion to approve the application for final plat approval, subject to compliance with the necessary city requirements and to authorize the Mayor and City Clerk to execute the related documents. All voted yea. RORTHPIEW MEADOWS - CONTRACT 083-2 - FINAL PAYMENT A request had been received from Austin P. Keller Construction Company for final payment of $23,791.73 for Contract 183-2. Mr. Hefti stated that 'a request had been made by George Trapp for payment of approximately $1,000.00 for damage to's hitch on a piece of machinery that he had located near the construction site on his property adjacent to Diffley Road. He indicated that the subcontractor for Austin Keller Construction Co. had first indicated it would pay the amount and then refused to do so. There was discussion by Councilmembers and upon motion by Smith, seconded Egan, it was resolved that the request for final payment be continued indefinitely and that staff then resubmit the issue to the City Council with recommendation as to payment. All voted in favor. 1984 GENERAL FUND AND ENTERPRISE BUDGET Mr. Hedges stated that several special city council meetings have been held during the months of August and September of 1983 to consider the 1984 General Fund operating revenues and expenditures. A public hearing was held in September and at the October 4, 1983 council meeting the mill levy/property tax collection was certified to the Dakota County Auditor for taxes payable in 1984. The total general fund for the City is proposed to be $4,375,580.00. • There was discussion about the total enterprise fund budget, including water, sewer and street lighting of $3,014,990.00. There was also discussion 13 Council Minutes December 20, 1983 concerning the purchase of utility vehicles and Smith moved, Thomas seconded • the motion to include one -vehicle in the budget. for the uitli.ty.department; - further, that the Council be on record approving the 1984 budget as presented by the City Administrator. All voted yes. MUNICIPAL CENTER PROJECT - FINAL CHANGE ORDER A final change order proposed for the Municipal Center project had been continued from the last City Council meeting and Mr. Hedges stated that he has not been able to meet with the architect, Jack Boarman, and therefore recommended that the issue be continued until January 3, 1984. Egan moved, Wachter seconded the motion to approve the recommendation. All voted in favor. ZONING AND DENSITY POLICY At a special City council meeting on December 15, 1983 a zoning and density policy prepared by the City Attorney, Paul Hauge, was discussed briefly by members of the Council. A copy of the resolution was included. in the packet and the City Administrator was directed to review how many small lots were platted during the past three years by means of PUD zoning, the underlying zoning of each of the above developments, and the remaining residential potential for the community in terms of acres for all residential zoning classifications. Information is being compiled and the Council did discuss the resolution as proposed. Councilman Smith recommended that the resolution include provisions relating to housing for low and moderate income persons and there were developers in the audience who also presented comments regarding the proposed wording. There was discussion concerning issues regarding terrain, topography, vegetation and general compliance with the housing sections of the Comprehensive Guide Plan. Blomquist moved, Wachter seconded the motion to approve the proposed resolution presented to the Council regarding zoning and density. One suggestion was presented in May of 1983 that the density deviations for residential purposes take place only in areas designated R -II under the Land Use Guide. Further, the need to achieve a balance in,the type of housing in the City was a strong consideration. Smith then moved, Egan seconded the motion to amend the resolution to provide for low and moderate housing in paragraphs 1 and 2 of the resolution providing for compliance with the general provisions of the housing sections of the Eagan Comprehensive Guide Plan in both paragraphs 1 and 2. After discussion and revision to the wording, all voted in favor of the wording as revised. DAKOTA COUNTY TRIBUNE - LEGAL NEWSPAPER Mr. Hedges stated that the Eagan Chronicle has now indicated that it will not act as the legal newspaper for the City of Eagan for 1984 and he recommended that the Dakota County Tribune be appointed, at least on a temporary basis, during 1984, as the legal newspaper for the City. It was uncertain as to whether the Tribune's Eagan This Week newspaper could be designated as the legal newspaper, but upon motion by Egan, seconded 14 • • Council Minutes December 20, 1983 • Blomquist, it was resolved that the Dakota County Tribune be designated for January 1984 as the legal newspaper._',All voted yea.` ODELL OS. CITY OF HACAN Councilman Smith discussed with the other members of the Council a proposal that he had considered at an earlier time regarding the -Supreme Court appeal brought by the Odell family against the City of Eagan for lot split in McCarthy Ridge Addition. He noted that a new letter had been received from the attorney for the Odells indicating that the Odells would not agree to move the garage, but that it would dismiss the appeal if the City Council would approve the lot split. There was also discussion concerning the use of Robert's Rules of Order by the City Council and it was noted that there is a degree of flexibility with the Mayor making determinations as to Rules of Order for council meetings. Robert's Rules of Order will act as a guide only to the City Council for parliamentary procedure. McCARTHY POND — CONDEMNATION ACTION The City Attorney recommended to the City Council that it approve the hiring of a second appraiser for the City regarding the condemnation action that is expected to be heard in the District Court in early 1984.. Egan moved, Thomas seconded the motion to hire Mark Parranto as the City appraiser for • that pond acquisition action for the City. All voted in favor. C 1 Egan moved, Wachter seconded the motion to approve the following checklist dated: All voted yea. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:10 p.m. 15 City Clerk PHH • r1 L -j r1 U SUBJECT TO APPROVAL MINUTES OF A SPECIAL JOINT MEETING OF THE ADVISORY PLANNING COMMISSION AND CITY COUNCIL RAGAN, FQNNESOTA DEC@SBBR 15, 1983 A special joint meeting of the Eagan Advisory Planning Commission and the Eagan City Council was held on December 15, 1983 at 9:40 p.m. at the Eagan Municipal Center. Councilmembers present were Smith, Egan, Wachter and Thomas and Mayor Bea Blomquist. Advisory Planning Commission members present were Chairman Hall, members Bohne, Mulrooney, Wilkins, Turnham and McCrea. Absent were members Kroh and Wold. Also present were City Administrator Hedges, City Planner Runkle, Interns Liz Witt and Ed Meister and City Attorney Hauge. Mayor Blomquist stated that the purpose of the meeting was to conduct the annual review of existing planned developments in the City. Dale Runkle opened the meeting by stating that five planned developments were approved in 1983, including the Laukka-Beck Planned Development, on the former Dayton - Hudson site, and the Amcon Planned Development, Park Ridge, Tiberon, and Ridgecliffe 7th Addition. No action was taken on any of those planned developments. There was no activity in 1983 and the report from Liz Witt was briefly reviewed by the members present. Harvey Braun, the developer, is still seeking a buyer for the property and there has been no activity in 1983 with no proposed changes in the planned development. RAGAN 40 LIMTED Dan Dolan appeared for the owner and stated the economic conditions are still not favorable for apartment construction and he indicated. that he may be requesting tax increment financing to develop the project. There was a question as to whether the northeast parcel would be developed with the land to the east and the City recommended the two be developed compatably. There were no plat changes in the development and a 10 year planned development agreement was entered into in November of 1975. 1 r Special APC S Council Minutes December 15, 1983 • BLACKHAWK OAKS Larry Frank appeared for the owner. There was discussion concerning the completion of the Planned development agreement. The developer was requested to complete the development agreement within 120 days, subject to Park Commit- tee recommendations concerning access to the land to the north. There was no appearance by the owner, James,Rundquist, and Ed Meister -briefly reviewed the planned development. There was discussion concerning the Silver Bell Road extension. The Park Committee reviewed the issue at its last regular meeting. , C i_ There was no appearance by the applicant and the platting that has taken place during 1983 was reviewed by the members present. It was noted that all of the land has now been platted with the final plats expected to be completed soon. GOPHER-HAGAN INDUSTRIAL RESIDENTIAL PARK A representative from Gopher -Eagan was present and stated that no changes • are planned. He indicated that land east of Highway 449 is intended for commercial development and it was further noted that park dedication was completed during 1983 for a total of 17.3 acres of park land. WINKLER/JACKSON PLANNED DEVELOPMENT No development has occurred, although there was a preliminary plat appli- cation on one of'the parcels during 1983. No changes are anticipated at the present time. SOOTS DELAWARE BILIS David Sellergren, attorney, appeared for the current owner, Derrick Land Company. He stated that he expects the developer will be making a presenta- tion to the City within a few months. No changes have taken place during the previous year. BRITTANY 9TH ADDITION It was noted that virtually the entire addition has now been completed and that residences have been built on nearly all of the lots. • 2 1 Special APC 6 Council Minutes • December 15, 1983 LEXINGTON SOUTH PLANNED DEVRLOPKRNT Jim Curry was present and reviewed with the Council activity during 1983. He stated there has been significant activity, including the proposed sale of 7 sites for churches. He also expects in 1984 that there will be considerably more development, including a proposed commercial project. 34% of the 1,140 acres have been developed and nearly half of the park dedication has been completed. CINNAMON RIDGE PLANED A representative from Zachman Homes was present and stated that the developer could install Metcalf Drive, but that the road to the south connect- ing Slater's Road cannot economically be installed at the present time and also that the road allignment may change, depending upon the development of the southerly parcel. He asked that the City take action eliminating the requirement that the southerly road be installed at the present time, but no action was taken. 163 units have been completed in the project. • - BLACXHAWK PARS NORM 8 SOUTH Ed Dunn appeared on behalf of the owner of the property and substantial information was submitted concerning the current status and proposals for the future development of the property. He stated that the Z -35E right-of-way has now been determined and is in the process of being acquired by the Minnesota Department of Transportation, which will now allow for more complete planning of the northerly parcel. KNOB BILL OF EAGAN Mr. Dunn appeared and stated that the plat for the area has now been approved and that the grading has commenced on the townhouse project along the west boundary. No anticipated changes are expected at the present time. CEDAR CLIFF COMMERCIAL:PLANED DEVELOPMENT John Flanagan appeared on behalf of the owners and indicated that there is interest for commercial and office use and that the applicants may request rezoning and a new layout of the proposed subdivision. 3 Special APC S Council Minutes December 15, 1983 EAGAN HrL13 VEST PLAN= DEVELOPMENT Attorney Dave Sellergren appeared for the developer and briefly reviewed the action during 1983. It was noted 'that Sun Cliff Phase I has been platted and utilities and grading are now in progress.. Park land dedication also is in the process of being completed. No further changes are expected and no further action was taken. PILOT KNOB HEIGHTS PLANNED DEWLoPMENT It was noted there are two undeveloped parcels, including a proposed apartment complex and commercial lot and that the City has acquired 1.2 acres of park land in 1983• BLUFFVIEV PLANNED DEVELOPMENT • Mark Parranto appeared on behalf of the owners of the 17 acre parcel. No activity has developed during 1983 and the staff .was requested to make certain that the Planned Development Agreement is completed. • EAGAN HEIGHTS COMMERCIAL. PARK Charles Bartholdi appeared for the developers and indicated the parcel in the northwest corner is expected to be -developed in 1984 and possibly one other site. The developer was requested to complete the planned development agreement within 120 days. MISSION HILLS PLANNED DEVELOPMENT There was no appearance by the applicant and it was noted that the Dakota County Satelite Court facility is expected to be opened in early 1984. No other action has taken place' on this site during 1983. After reviewing all planned developments, Wilkins moved, ---McCrea seconded the motion to recommend approval to the City -Council of the annual review of all the planned developments based upon the information submitted. All voted in favor. Egan then moved, Thomas', seconded' the motion on behalf of the City Council to approve the annual review of all planned developments, based upon the • recommendations of the Advisory Planning Commission and the information sub- mitted and -approved at the meeting. T is 'w. ADJOORKPIENT 1. Upon motion duly made and seconded, the 'meeting adjourned at 11:00 p.m. PHH 5 City Clerk Secretary Special APC 6 Council Minutes • December 15, 1983 is 'w. ADJOORKPIENT 1. Upon motion duly made and seconded, the 'meeting adjourned at 11:00 p.m. PHH 5 City Clerk Secretary SUBJECT TO APPROVAL MINUTES OF A REGULAR MEETING OF TBE EAGAN ADVISORY PLANNING COMMISSION RAGAN, MINNESOTA DECEMBER 15, 1983 A regular meeting of the Eagan Advisory Planning Commission was held on Thursday, December 15, 1983 at 6:30 p.m. at the Eagan Municipal Center. Present were Chairman Hall, Members Bohne, Mulrooney, Wilkins, Turnham and McCrea. Absent were Krob and Wold. Dale Turnham has submitted his resigna- tion to the City Council indicating he will not be a candidate for reappoint- ment to the Advisory Planning Commission.. Also present were Assistant City Engineer Hefti, City Planner Runkle, and City Attorney Hauge. AGENDA Bohne moved, Wilkins seconded the motion to approve the Agenda as distri- buted with the continuation of the application of Dennis Dunn for Waiver of Plat and James and Arvella W. Horne and Horne Development Corporation for rezoning and preliminary plat, both until the January 1984 regular meeting. All voted yes. • MINUTES Upon motion by Wilkins, seconded Turnham, it was resolved that the Minutes of the November 22, 1983 meeting be approved. All voted in favor. B=LLANDALE ADDITION NO. 2 - PRELIMINARY PLAT The continued hearing concerning the application of Michael Construction, Inc. for preliminary plat approval of Hillandale Addition No. 2 consisting of 12.58 acres containing approximately 125 dwelling units, located in parts of Lot 2, Block 1, and Lots 3 and 4, Block 1, Lot 2, Block 2, and Outlot A, Hillandale No. 1, in Section 20 was convened by Chairman Charles Hall. Mr. Runkle reviewed the application noting that it had been continued from the regular meeting in November with some questions arising by Planning Commission members and neighbors. Mr. Runkle stated that a meeting had been held between the developer and neighboring property owners without any compromises and proposed changes being made by the applicant. Lynn Keefer, a neighboring resident, appeared for the Hillandale Homeowner's Association No. 1, and stated that the Association still had objections to the proposal. Harry Baker appeared from Association No. 2 and had concerns about the blind intersection at Blackhawk Road, together with other questions. He stated that area resi- dents would prefer an interior park within the development and also objected to private streets being installed. Mr. Hefti stated that the City may re- quire the standard improved street width and it was noted that the private street was requested for density reasons. Other neighboring residents • 1 APC Minutes December 15, 1983 • appeared and questioned how an EAW and EIS could be requested because of the noise expected from I -35E. Other objections included the increase in traffic, the water run-off and the potential excessive parking along the streets. Safety of children was another primary_ issue. In addition, questions arose concerning maintenance of the private street and it was noted that the Home- owner's Association would be required to maintain the street. There were objections to proposed variances for setbacks along the I -35E right-of-way. Maurice McKay, President of the Homeowner's Association No. 2 questioned whether there would be controls on rental of the units. Greg DeManceau, Architect, appeared together with the developer and stated that a maximum of 170 to 180 units could be built but the plan included about 112 units. In addition, they are installing some additional parking stalls and the developer does not recommend public park within the develop- ment. It was noted that MnDOT has no concern about the setbacks of the buildings from the right-of-way of I -35E. The City staff recommends a through street for circulation purposes and noted that the northerly cul-de-sac is greater than 500 feet. The staff also recommended a loop near the northwesterly property line, and possibly the fire chief will recommend a loop along the northwesterly property line. Member • McCrea was concerned about the possibility of inadequate parking space and it was further noted that a loop street would be of advantage to the residents in the area. In addition, there were questions about the amount of trips gener- ated within the area that would result. Mr. Runkle stated that if no vari- ances are allowed, that the developer could build higher density units within the development. R-3 zoning would allow 7.2 units per acre maximum and it was suggested that the Develpment Agreement control the type of townhouse use. After extended discussion, Mulrooney moved and McCrea seconded the motion to continue the application to the next regular meeting and request that the Developer submit a comprehensive study regarding traffic patterns and trip generation and further that the staff submit a report concerning whether the streets should be private or public streets and whether sidewalks should be recommended. All voted in favor except Bohne and Hall who voted no. PUROLATOR COURIER CORPORATION - CONDITIONAL USE PERMIT The hearing regarding the application of Purolator Courier Corporation for conditional use permit for outside storage to store vehicles for the Courier Service being proposed to be located in Eagandale Industrial Park was then convened by the Chairman. The proposal is to lease the former Warner Hardware Building which is an existing building in Eagandale Park. There is an existing parking area where the vehicles are proposed to be stored and it is the City's understanding that the majority of the truck servicing and dispatching would be done inside the building and a few trucks will be stored • outside. Dale Runkle presented the application by, describing the request for the permit and the location. There were no questions from the audience. 2 APC Minutes • December 15, 1983 _ r Representatives from Purolator Courier' Corporation were present and stated that the parking lot has a bituminous surface and a fence enclosure. Member Wilkins asked about the existing gasoline tank and whether it would be tested to determine if there is a leakage. Bohne moved, Mulrooney seconded the motion recommending approval of the application, subject to the following conditions: 1. The area for outside storage shall be marked in accordance with the site plan submitted. 2. An application for the conditional use permit shall be submitted annually for approval by the City. All voted in favor. A. J. ADDITION - PRELDQPARY PLAT The hearing regarding the application of Tri -Land Co., Inc. for preliminary plat approval of A. J. Addition, consisting of one acre and two • single family lots located on Lone Oak Road and east of Egan Avenue was convened. Dale Runkle presented the application and Brad Swenson appeared for the applicant. He submitted a letter from the Dakota County Highway Engineer confirming access to Lone Oak Road 216 feet east of Egan Avenue, as proposed by the Developer. He further stated that no safety problems should occur due to the County's position that no median will exist within the County right -of= way. Charles Maloney, a neighboring owner, appeared and stated that if a lot is land -locked according to the County Highway Engineer, that the County must allow access. He objected to the proposed subdivision, indicating it would impact on the integrity of the neighborhood. Member Bohne asked about the average size of the lots located within the neighborhood and Mr. Maloney stated that there were 94 lots in Country Home Heights and only. 5 are as low as 19,000 square feet. Wilkins asked if a neighborhood meeting had been held and Mr. Swenson stated that a meeting was held where three residents attended. Storm sewer was installed as a part of the road improvements and a culvert and access is allowed to provide two lots for development, instead of one lot, according to Mr. Lawrence Poppler, the former owner. After lengthy discus- sion, Mulrooney moved, Bohne seconded the motion to recommend approval of the application, with the conditions that are recommended by the staff. Those in favor were Mulrooney, Bohne, and McCrea. Those against were Turnham, Wilkins, and Hall. The recommendations are as follows: 1. The plat shall be subject to the Park Commission's review and com- ment for the newly created lot. • 2. A development agreement shall be entered into and signed by the applicant prior to final plat approval. 3 APC Minutes December 15, 1983 3. The plat shall be subject to Dakota County Plat Commission's review and comment because the plat abuts County Road 26 (Lone Oak Road). 4. Cross easements shall be established for the common entrance for Lots 1 and 2, and only one access shall be allowed. 5. All other City ordinances shall be complied with. 6. A detailed grading and erosion control plan .shall be submitted for approval by the Engineering Department. 7. If installed privately, the plans and specifications for utility service connections shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 8. A 50 foot half right-of-way shall be dedicated for Lone Oak Road (County Road 26) for public right-of-way. 9. Easements shall be dedicated as recommended by City staff. 10. Hater area, sanitary sewer area, and lateral benefit from trunk • water main (to the extent it applies) shall be the responsibility of this development. 11. All costs for utility installation, grading, etc. shall be the sole responsibility of this proposed development. ' BERKSHIRE PONDS - REZONING AND PRELIMINARY PLAT The hearing regarding the application of Derrick Land Co. and Richard Bloom to rezone approximately 27 acres from A (Agricultural) to R-1 PD (Resi- dential Single Planned Development District) in order to deviate from the normal single family lot size requirement, and preliminary plat approval of Berkshire Ponds was convened by the Chairman. The parcel consists of 27 acres and would contain 73 single family lots and a proposed 4 acre park located in the Southwest Quarter of the Northwest Quarter of Section 32 on Galaxie Avenue. Dale Runkle presented the application and noted that the land use is R -II with the zoning presently Agricultural. The development would provide for a 2.7 dwelling unit per acre gross density and 3.1 dwelling.unit per acre net density. The areas to the north and south are presently undeveloped and are proposed to be developed in accordance with R -II land use including 3 to 6 dwelling units per acre. • 4' APC Minutes December 15, 1983 The 73 single family lots•.would have a minimum 65 foot lot width, and the smallest lot area is 8,500 square feet with an average of 11,256 square feet. Six lots meet all the minimum requirements, 11 lots do not meet the lot width minimum requirements and 56 lots are below the 12,000 square footage and also below the 85 foot minimum frontage. David Sellergren, attorney, appeared together with Larry Frank of Derrick Land Company, and Bill Maurer of Probe Engineering. Mr. Sellergren stated that constraints existed because of I -35E and Galaxie Avenue and also recommended. that the park be accepted by the City because of its being a self-contained area. He stated that the R-1 PD re- quested does not allow for variances but to create greater controls by the City.- He also stated it's not economically feasible for R-1 minimum standard lots and the Comprehensive Plan allows 3 to 6 units per acre on -the site. He stated the minimum frontage would be 65 feet and the intention is to sell all lots to one developer. He also requested that the 60 foot right-of-way on internal streets not be required and Mr. Hefti recommended 60 foot right-of- way on the southerly east -west street. The developer also requested access directly to Galaxie from three lots, but that driveway turnarounds will be provided internally on each lot. Byron Watschke has proposed 100 foot front- ages according to Mr. Runkle for the site and objected to the smaller lots. The Park Committee has reviewed the request for Park dedication and Mr. Runkle • stated that he understood that the Committee is recommending that it be pri- vately owned and maintained. It was noted that the City Council. is currently reviewing small lot and density issues and some members recommended that the matter be continued. McCrea moved, Wilkins seconded the motion to recommend approval of the application for rezoning from A -Agricultural to R-1 PD. Mem- ber Mulrooney opposed the undersizing of lots, noting that by far the highest' percentage of lots do not comply with minimum requirements. All voted in favor except Mulrooney who voted no. McCrea then moved, Wilkins seconded the motion to recommend approval of the application for preliminary approval of Berkshire Ponds, subject to the following: is 1. That a planned development agreement shall be executed in accordance with the specific plan approved by the Advisory Planning Commission and City Council. 2. Deviations from lot size for R-1 shall be allowed in accordance with this specific plan. 3. The plat shall be reviewed by the Minnesota Department of Transpor- tation because the plat abuts State rights-of-way. 4. The plat shall be subject to the Park Commission's review and com- ment regarding the proposed park dedication. 5. All lots shall contain a minimum of 65 foot lot widths at the 30 foot setback. k APC Minutes December 15, 1983 6. The detailed grading and house elevation exhibit shall be amended to include the type of unit being proposed on the lots. This exhibit shall be submitted prior to final plat application. (No other ordinance deviations shall be allowed. 7. A detailed grading and erosion control plan shall be submitted for approval incorporating additional grading required to incorporate the storage volume in Pond AP -16 lost to the proposed grading. 8. An approved method of interconnecting the two ponds incorporating Pond AP -16 shall be determined. 9. If installed privately, plans and specifications for internal streets and utilities shall be prepared by a registered engineer in accordance with City standards and submitted to the Engineering Department for approval. 10. Access to Galaxie Drive shall be allowed for three lots with no building permit to be allowed without ability for lot turn around. 11. The north -south dead-end street shall be eliminated and replaced with a cul-de-sac. . +. • 12. Ponding easements incorporating the high water elevation of Pond AP - 16 shall be dedicated as a part of this plat.' • 13. All internal easements shall be dedicated as required by staff. 14. The southerly east -west publicly -dedicated right-of-way shall be 60 feet. • 15. Adequate, right-of-way for Galaxie Avenue shall be dedicated to provide a 50. foot half right-of-way. 16. This development shall accept its responsibility for trunk area storm sewer assessments at the rate in affect at the time of final plat approval. 17. The cost of providing all internal utilities and streets shall be the sole responsibility of this development. p.m. All voted in favor except Mulrooney who voted no. ADJOURNMENT Upon motion duly made and seconded, the regular meeting adjourned at 9:40 R Secretary PHH F_ 1 LJ SUBJECT TO APPROVAL • MINUTES OF A SPECIAL MEETING OF THE RAGAN CITY COUNCIL EAGAN, lDNBSOTA DECEMBER 15, 1983 A special meeting of the Eagan City Council was held on December 15, 1983 at 7:00 p.m. at the Eagan Municipal Center. Councilmembers present were Smith, Egan, Wachter and Thomas and Mayor Bea Blomquist. Also present were City Administrator Hedges and City Attorney Hauge. The City Council met according to notice at 7:00 p.m. to discuss develop- ment density issues and the Police Association negotiations. Extended discussion took place concerning density and lot sizes within new subdivisions and within planned developments and the Council reviewed a proposed Resolution prepared by City Attorney Paul Hauge. Shifting densities within planned developments was also considered. The City Administrator reviewed contract proposals for the Police Asso- ciation for all sworn police officers and also the contract proposals covering public works and park maintenance employees for 1984. No action was taken. The meeting adjourned at 9:30 p.m. E City Clerk PHH SUBJECT TO APPROVAL • MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL KAGAN, MINNESOTA DECEMBER 20, 1983 A regular meeting of the Eagan City Council was held on Tuesday, December 20, 1983 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Assistant City Engineer Hefti, Public Works Director Colbert, Consulting Engineer Rosene, City Planner Runkle and City Attorney Hauge. AGENDA Upon motion by Egan, seconded Wachter, it was resolved that the Agenda be approved with the understanding that the race track facility industrial bond issue and the two applications of Naegele Outdoor Advertising Co. be con- tinued. All voted yes. December 6, 1983 - Regular Meeting. Upon motion by Wachter, seconded • Thomas, it was resolved that the minutes of the December 6, 1983 regular meeting be approved with the addition on page 2 relating to Project #393, that the public hearing be scheduled for January 17, 1984; further, on page 9 relating to Odell vs. City of Eagan, that the Mayor asked for an opinion as to the change of vote by Councilmember Smith. All voted yea. November 10, 1983 - Special Meeting. Wachter moved, Thomas seconded the motion to approve the minutes. All voted yea. November 22, 1983 - Special Meeting. Wachter moved, Smith seconded the motion to approve the minutes. All voted in favor. November 30, 1983 - Special Meeting. Smith moved, Thomas seconded the motion to approve the minutes as presented. All voted yes. PARR AND.RECREATION DEPARTMENT City Administrator Tom Hedges stated that the Park Commission has re- viewed the issue of transplanting trees in City Parks from future rights-of- way or within grading areas of subdivision development to City Parks and recommended that such a policy be approved by the City Council. Wachter moved, Thomas seconded the motion to approve the recommendation policy for transplanting trees from public rights-of-way or new subdivisions to City Parks and/or other approved public properties, with the understanding that Cedar Pond Park be the location for trees. All voted yes. • Council Minutes December 20, 1983 • SNOW MAINTENANCE VEHICLES The City Administrator was asked to prepare an update for the City Council's review concerning problems with the maintenance of snow removal vehicles owned by the City. CONSENT AGENDA The following consent agenda items were presented to the City Council and recommended for approval: 1. Setback Variance - Dale Wagnild. A request was made at the December 6, 1983 meeting by Dale Wagnild for consideration for front setback variance on Lot 5, Block 5, Oak Ridge Acres Addition and it was continued from that meeting. The staff recommended approval, noting that Mr. Wagnild's acceptance of the financial offer for the acquisition of temporary and permanent right- of-way, due to I -35E construction, was subject to receiving approval of front yard setback variance. It was recommended that the variance application be approved. 2. Winter Recreation Leaders. The Park Director has recommended a list of winter recreation leaders, a copy of which names is included in the packet • for approval by the City Council. 3. Kathleen Gilbertson - Kennel License _ 3995 Dodd Road. The applica- tion of Kathleen Gilbertson for kennel license for 3995 Dodd Road to house over three dogs was submitted to the Council. Staff recommended approval, subject to compliance with the ordinance requirements. 4. City of St. Paul - Joint Purchasing Agreement. The staff has recom- mended that the City enter into a joint purchase agreement with the City of St. Paul, giving the City the right to accept bids taken by the City of St. Paul, similar to that with Hennepin County and the City of Minneapolis. Upon motion by Smith, seconded Thomas, it was resolved that the foregoing consent agenda items be approved and that they be ordered implemented by the appropriate officials. All voted in favor. A request was submitted at the direction of the Council by Finance Director VanOverbeke for quotations from two firms for the purpose of pur- chasing a Hewlett Packard 150 Micro -Computer for the City offices. Two bids have been received and it was noted that Logis is expected to have available within a very short period of time quotations for purchase of the same equip- ment. Mr. Hedges explained the proposal and Smith moved, Thomas seconded the motion to order the purchase from the low bidder, being either Dodd Technical • or Logis, depending on the Logis quotation, and further provided that it complies with State statutes and City requirements. All voted yes. 2 Council Minutes • December 20 1983 + •`' 1-356 TRUNK STORM SEVER - PROJECT #354 MnDOT requested a construction permit from the City over the south 40 feet of the 200 foot NSP highline easement and submitted a proposed construc- tion permit from the City. Wachter moved, Egan seconded the motion to approve the construction permit, subject however, to revision in the wording to pro- vide that the State will release the City from any damages due to the entry upon City property. All voted yea. KNOB BILL PROFESSIONAL PARE - PROJECT #386 - BRART Mayor Bea Blomquist convened the public hearing regarding Project 0386 concerning the installation of streets and utilities for Knob Hill Profes- sional Park. Mr. Hefti and Mr. Rosene explained the project and there were questions from the Council, including the size of the waterline. A one-half inch,service will be installed and if no service is required in the future, the developer will be requested to install the additional water line. Egan moved, Wachter seconded the motion to close the hearing, to approve the re- port, to order in the project but not to authorize the plans and specifica- tions until later approved by the Council. All voted in favor. WESCOTT ROAD - PROJECT #305 -_FINAL ASSESSMENT REARING • The next hearing convened by the Mayor concerned Project 0305 consisting of final assessments for the Pat McCarthy property consisting of trunk water improvements. The staff, including the City Attorney, explained the back- ground and the reason for the new hearing noting that an assessment hearing was first held on July 5, 1983 and objections were submitted by the property owners. No objections were submitted and Findings of Fact, Conclusions of Law and Proposed Levy of Assessments were submitted to the Council for approval. After discussion concerning the proposed increase in market value to the property, upon motion by Egan, seconded Smith, it was resolved to close the hearing, to adopt the Findings, Conclusions and Levy of Assessments as sub- mitted, and authorize the completion of the assessment project according to the Findings. There were no objections submitted to the City on behalf of the affected property owners. All voted in favor. DUCKWOOD TRAIL ADDITION - EASEMENT VACATION The public hearing regarding the proposed vacation of drainage and utility easements in Duckwood Trail 2nd Addition was brought before the Council. It was noted that the 2nd Addition final plat has not been submitted for final approval and ordinarily the City will not vacate until the final plat has been recorded. There was no appearance on behalf of the applicant and no objection to the proposed vacation. Upon motion by Smith, seconded Wachter, it was resolved that the hearing be closed and the vacation resolu- tion be approved, subject however, to the recording of the vacation.not taking • place until the final plat for Duckwood Trail 2nd Addition has been approved and has been recorded. All voted yea. 3 Council Minutes December 20, 1983 E WATER TREATMENT PLANT — PROJECT 0371 — STREETS d, UTILITIES The reconvened public hearing regarding Project 0371 consisting of streets and utilities leading to the water treatment plant in the Coachman Road area was convened by the Mayor: It was noted that the Eagan legal newspaper had inadvertantly published the notice of the hearing for only one week rather than two, as has been requested by the City staff, and that Bond counsel requested a rehearing. Don Sandberg and Mr. Bohlig appeared. Mr. Sandberg questioned why the Yankee Square and Surrey Heights area had not been assessed and it was noted that they had been assessed at an earlier time. He objected to the assessments to his property on Yankee Doodle Road. There being no further questions or comments, Wachter moved, Egan seconded the motion to close the public hearing and approve Project 0371. All members voted yes. FEDERAL REVENUE SHARING BUDGET FOR 1984 Mr. Hedges reviewed with the Council the proposed 1984 Federal Revenue Sharing Funds and noted that the new allocation and balance on hand is $398,876.00 with $137,749.00 anticipated as the 1984 allocation. There were • no comments or objections from the public and after review by the Council, Thomas moved, Wachter seconded the motion .to approve the 1984 Federal Revenue Sharing Budget designating expenditures for future capital and operating expenses as deemed appropriate by the City Council. All voted yea. DAVIES = INDUSTRIAL REVENUE FINANCING The public hearing regarding the application of Theodore A. Davies for Sales Marketing, Inc. concerning $705,000.00 industrial revenue financing bonds was convened by the Mayor. It was noted that the original request was $930,000.00, but that the cost of the land had been excluded. All financial information had been submitted and the staff recommended approval, subject to compliance with all City and State requirements. Mr. Davies was present as was a representative of Juran and Moody. They discussed the change in the industrial revenue financing law that is scheduled to take effect January 1, 1984 and requested both preliminary resolution and final resolution to be considered on December 20, 1983. It was noted it would be a single revenue note with a single institutional investor and would be approved by the State of Minnesota. There were no objections and Egan moved, Wachter seconded the motion to approve the preliminary resolution concerning industrial revenue financing as requested by Mr. Davies for Sales Marketing, Inc. All voted in favor. The final resolution was then submitted to the Council and there being no objections, Smith moved, Egan seconded the motion to approve the final resolution of the Theodore Davies industrial revenue financing project, sub - jest to City staff and City Attorney review and approval. All voted yes. • 4 • • Pi Council Minutes December 20, 1983 FAWN RIDGE ADDITION - PRELIMINARY PLAT The application of Countryside Builders and Jerry Lagro for preliminary plat approval of Fawn Ridge Addition located south of Wilderness Run Road and north of Cliff Road was again presented to the Council. The application was last heard at the December 6, 1983 meeting and the Mayor reviewed the current proposal and the marked up preliminary plat that had been submitted by the applicant. Mr. Runkle also explained the current status of the application and noted the duplex lots conform with the minimum city requirements and also noted the single family lots that do conform and those that do not conform. It was noted that the pond in the southeast corner will not be accepted by the City and the adjoining lot lines will be extended through the pond. Residents from Oak Pond Hills were present and stated that they were generally satisfied with the proposal except that they would prefer to block off the road through Oak Pond Hills. Mayor Blomquist stated that about two-thirds of the lots do not conform with the requirements, and further made the following comments: 1. No attempt has been made to comply with the zoning ordinance. area. 2. Consideration has not adequately been given to the trees in the 3. The City Council does in fact have the discretion to decide what happens in regard to a PUD development. 4. The plat should be in the best interest of the citizens in the surrounding area and compatible with the surrounding zoning. 5. The City Council, in its wisdom, has provided a number of small lots in other areas in the City. 6. Lot densities should not be transferred to allow for greater den- sities from one plat to another. 7. The lot size shall comply with the minimum lot size and dimensions of the current zoning ordinance standards. Mayor Blomquist then moved, Thomas seconded, the motion to approve, subject to the following: 1. That the lot sizes will comply with the minimum standards of the City, subject to the recommendations of the Advisory Planning Commission excluding conditions numbered 4, 16, 17 and 20. k Council Minutes December 20, 1983 • Councilman Egan then stated that the neighborhood is basically satisfied with the proposal, that there is R-2 land use for the property and that a one- way street could be installed to resolve the street problem. The density is on the high side in the R -I area with a net of about 3.5 units per acre and the alternatives of the developer could be to build R -II use and more dense and would not be as compatible with the neighboring R -I. After extended discussion, Councilman Thomas withdrew his second and stated that it was his opinion that the layout would be better than what might be proposed under a future. plat for the development. Councilman Smith recommended approval of the plat and stated the Council cannot approve a plat that has not been proposed to it. Wachter stated that he does not approve of the small lots, but that the market for single family lots is better than for duplexes and it might be possible to eliminate a few lots and then the plat could totally conform with the minimum requirements. Mayor Blomquist stated she agreed with Mr. Wachter's comments and said that more vegetation would be saved if the lots were reduced in size. Jim Curry and Jerry Lagro were present. Wachter seconded the motion and those in favor were Wachter and Blomquist; those against were Thomas, Smith and Egan. Egan then moved, Smith seconded the motion to approve the application, subject to the following conditions: 1. That all revisions incorporated in the recentdrafts of the prelimi- • nary plat be approved including the street connection to Cliff Road. 2. The plat shall be reviewed by the Dakota County Plat Commission because the plat abuts County Road right-of-way. 3. All ordinance requirements for lot coverage and setbacks shall be adhered to. 4. A detailed grading, drainage and erosion control plan shall be submitted and reviewed by staff prior to final plat approval. 5. A deviation from the standard lot size requirements shall be approved in relationship to this specific plan for single family lots only. 6. Restricted access shall be required along Wilderness Run Road, Dodd Road and Cliff Road with the exception of Lot 1 of the twin home lots along Wilderness Run Road if adequate access cannot be provided to that lot. 7. The plat shall be subject to the Park Commission's review in regard to the parcel to be dedicated for parkland in accordance with the Lexington South Planned Development Agreement. 8. All other City ordinances shall be adhered to. 9. If installed privately, plans and specifications for utilities shall be prepared by a registered engineer and submitted to the Engineering Depart- ment for approval. 11 Council Minutes • December 20, 1983 ..,., 10. This plat shall relocate the northerly„road connection to Dodd Road so that it aligns with the street platted or approved for the Overhill Farm Addition. 11. Right-of-way and easements shall be dedicated according to staff recommendations. 12. A detailed grading and erosion control plan shall be submitted for approval. 13. This development shall be responsible for its trunk area storm sewer assessment prior to final plat approval at the rates in effect at that time. 14. All costs associated with future improvements shall be the sole responsibility of this development. 15. The access through Oak Pond Hills shall be studied and the staff will report to the Advisory Planning Commission for final recommendation. 16. A homeowners association shall be established for maintenance of the . twin homes. 17. No single family lots shall be less than 65 feet at the front setback lines. • 18. No duplex lots shall be less than 90 feet at the front setback line. 19. All duplex lots shall conform with 65 square footage requirements under the Eagan ordinances. 20. All potential single family home buyers shall be presented a copy of the proposed development if the single family lot is adjacent to a proposed duplex unit. 21. The development agreement shall provide for continuity in architec- tural theme and design with the understanding that the developer will provide for an enforcement mechanism in the covenants and restrictions for the sub- division. 22. The Planning Commission shall review the Lexington South Planned Development and provide an update of the development regarding density. Egan, Thomas and Smith voted yes; and Wachter and Blomquist voted no. 7 Council Minutes December 20, 1983 • RIDGECLIFFE 6TH ADDITION - UTILITIES The City Council had continued consideration of final acceptance of the utilities of Ridgecliffe 6th Addition from the December 6, 1983 meeting and the staff now recommended acceptance by the City. Upon motion by Wachter, seconded Smith, it was resolved that the utilities, including those installed servicing Ridgecliffe 6th Addition be approved and accepted for perpetual maintenance by the City. All voted yes. MINNESOTA JOCKEY CLUB - INDUSTRIAL REVENUE FINANCING The proposed final resolution for $27,000,000.00 in industrial revenue financing for the Minnesota Jockey Club was next presented to the Council. Mr. Hedges stated that bond counsel had not completed all of the document preparation and recommended that the council consider the issue at its special meeting on December 22, 1983 at 7.00 p.m. Upon motion by Egan, seconded Smith, it was resolved that the -recommendation for consideration at the Decem- ber 22, 1983 meeting be approved. All voted yea. NATIONAL OUTDOOR ADVERTISING - CONDITIONAL USE PERMIT • The application of National Advertising Company for conditional use permit for outdoor advertising sign on new Cedar Avenue within the railroad right-of-way was again brought before the Council. The Council first con- sidered the item at its August 16, 1983 meeting and several extensions have taken place since that time. Mr. Hedges stated that questions had arisen at the October 18, 1983 council meeting as a result of the attorney for National Advertising, Jerry Brill, having reviewed aspects of the Federal and State Outdoor Advertising laws and memoranda were submitted by Mr. Brill and by Paul Hauge, the City Attorney, regarding the issue. Mr. Brill was present at the meeting. Paul Hauge reviewed his interpretation of the relation between the Minnesota Outdoor Advertising Control Act, M.S.A. 173, the Federal Highway Beautification Act and the City Sign Ordinance. He indicated that if the City Ordinance is more restrictive relating to spacing, lighting and size of signs, that State certification should not be required. He stated that he had gotten telephone opinions both from a right-of-way engineer from the Minnesota Department of Transportation and a representative of the Attorney General's office supporting that position. There was also discussion concerning the zoning category for the railroad right-of-way within which the advertising sign was proposed to be located and it was further noted that a permit had been acquired in 1976 by National Advertising Co. for the location. Mr. Brill made a presentation to the Council and reviewed his opinion dated December 9, 1983 stating' that it was his opinion that the Eagan Ordinance did not comply with state law and that the Ordinance must be certified by the Commissioner of • the Department of Transportation. The Mayor had questions concerning the zoning and Councilman Wachter was concerned about the scenic value within the Council Minutes • December 20, 1983 Minnesota River Valley area. Councilman Wachter moved and Egan seconded the motion that contacts be made with the Minnesota Department of Transportation and the Minnesota Wildlife Refuge Board representatives to review existing regulations and recommended .that the area within the river valley be desig- nated as a scenic area for purposes of location of signs. All voted in favor. Councilman Egan indicated that it was his opinion that the railroad property was not zoned and that if the Council were to allow billboards within railroad rights-of-way, that there would be many potential locations throughout the City. He also stated that it was his opinion that the City Council had the right to deny the application in spite of previous approval by the City Council, in that it was not bound by prior council action, if in fact, the action was not properly taken. Attorney Rolland Crawford appeared on -behalf of Ralph Linvill, the owner of adjacent property and stated it was his' opinion that the property had not been zoned for industrial zoning and thought that it may be zoned Flood Plain upon his review of the City' records. Therefore, he opposed the grant of any permit for a billboard in that location. After extended discussion, Egan moved, Smith seconded the motion to deny the application for the conditional use permit for reasons including those mentioned above and the following: 1. The location is inappropriate under the existing zoning within the railroad right-of-way. • 2. In the event that the application is approved, it would then create the potential for other outdoor billboard signs in many locations within railroad rights-of-way within the City. 3. That Minnesota Statutes would not authorize the size of the bill= board without City approval. . 4. The City Ordinance does not allow the face.of the sign to exceed 250 square feet. 5. There would clearly be safety problems that would arise with the location of billboards within railroad rights-of-way which would be also created in the event that such billboards would be permitted to be located in highway rights-of-way. All voted in favor. \ Smith then moved, Wachter seconded the motion to rescind the action of the previous city councils regarding the location of a billboard within the railroad right-of-way granted to National Advertising Co. because it is lo- cated -within railroad right-of-way and noted it was the understanding of the former City Council that the location was outside of the railroad right-of-way on industrially zoned property. All voted in favor. Egan then moved, Blom- quist seconded the motion to authorize the preparation of a revision to the sign ordinance to exclude the location of permanent outdoor advertising bill- boards within railroad rights-of-way or highway rights-of-way based upon safety reasons within the City. All voted yes. 0 Council Minutes December 20, 1983 • NAEGELE OUTDOOR ADVERTISING CO. - OUTDOOR ADVERTISING SIGN An application by Naegele Outdoor Advertising Co. for conditional use permit for outdoor advertising sign on Cedar Avenue near the railroad right- of-way was next presented to the Council. It was noted that this application had also been heard at an earlier time by the City Council and had been continued at the request of the applicant. Upon motion by Wachter, seconded Egan, it was resolved that the application be continued for consideration at the January 17, 1984 City Council meeting. All voted yea. LARRY PEDEASEN .- THE RENTAL PLACE The application of Larry Pedersen for conditional use permit for outside_ storage in conjunction with equipment rental business on Lot 1, Block 1, Barton McCray Addition was brought before the Council. Mr. Hedges discussed the Advisory Planning Commission action recommending approval of the applica- tion, and Mr. Runkle explained the information included within the applica- tion. He noted that a pylon sign will be requested and the application is in process, although the notice has not been advertised therefore, not formally before the council. Larry Pedersen was present and also other representatives on behalf of the applicant. He stated that he has operated The Rental Place, on Cliff Road in Burnsville, 'for 12 years; and was requesting a permit for outside storage for a small number of articles and possibly a maximum number of 30 pieces at one time. Councilmembers expressed the need to keep the area orderly and also to present a very detailed landscape plan and allow adequate screening. Mr. Runkle recommended a time frame be set up for blacktopping the entire parking lot and storage area. Smith moved, Thomas seconded the motion to recommend approval of the application, subject to the following: 1. Class 5 gravel will be permitted in the area designated in the application for gravel parking area provided, however, there are adequate dust control measures approved by the City but that the gravel parking area shall be blacktopped within five years of City Council approval of the conditional use permit; further, that the staff may inspect the parking area at least annually and if the gravel'parking area is adequate, the staff may require the balance of the lot to be blacktopped according to a schedule specified by the City. 2. No storage shall be allowed over six.feet high in the storage area. 3. A detailed landscape plan shall be submitted and approved by the City Council for the storage area and an adequate landscape bond shall be obtained and not be released until one year after the landscaping has been completed. 4. A five-foot green area shall be provided along the northeasterly property line. • 10 • Council Minutes December 20, 1983 WESTBURY ADDITION - PRELIMINARY PLAT The application of Gabbert Development Co. for preliminary plat approval of Westbury Addition consisting of 47 acres with 129 single family lots and 28 twin home lots was brought before the Council. Mr. Gabbert was present and stated that the application included 18 twin home lots for a total of 36 separate units. The Advisory Planning Commission at its meeting on November 22, 1983 recommended approval of the item, subject to conditions. Dale Runkle reviewed the application in some detail indicating there'are two phases covering the single family and twin home lot proposal, the area designated R - II in the north portion and the balance R -I under the Guide Plan. The single family lots would be from 60 to 75 foot frontage and the duplex lots would have a minimum 100 foot lot width and 15,000 square feet in area. There was discussion concerning the possible relocation of the northerly access farther west and Mr. Gabbert stated that negotiations are taking place with McCarthy owners for crossing of their property at the present time. Staff recommended against a second east -west access along the west boundary noting the terrain is too steep. Mr. Gabbert stated that the park will be a nature preserve, a tot lot will be installed in the south portion of the property, minimum lot size for the single family will be 7,500 square feet, the density according to his calculations is 2.75 units per gross acre. and the twin units will only be • along the north and east as a buffer. The flat land'is intended for R-1 single family, the westerly portion would include 80 foot frontage single family lots along the 5% to 6% grade street. In addition; covenants are proposed for the single family lots and a homeowner's association for the duplex lots. No variances will be required except for the frontages and square footages, according to Mr. Gabbert. Councilman Wachter was concerned about the small lots and Councilman Egan reviewed his calculations, indicating that it appeared that there would be a net of 39 acres after exclusion of the 8.7 acre park with 161 units, indicating 4+ gross units per acre. He also compared this project with the Fawn Ridge project and indicated that here there are no surrounding developments so there is no need for a buffer. Therefore, this development is not intended as a buffer. There are 60 foot lot frontages as opposed to 65 feet in the Fawn Ridge project, many lots are 7,500 square foot minimum and there is great potential for disruption of terrain and topography. It was noted that developers are generally not allowed to develop at the maximum density, noting that here the maximum density in the R -II portion would be 6 units and in the R -I area would be 3 units per acre. After extended discussion, Egan moved, Wachter seconded the motion to continue the application until the January 3, 1984 meeting with the understanding that the staff prepare computations concerning the actual acreage within the development including the park area and also to propose revisions to the proposed plat to conform with the concerns expressed by Councilmembers, which shall also include the actual computations of the lots covering frontages and • sizes of the lots within the development. All voted in favor. 11 Council Minutes December 20, 1983 • WINDTREE 3RD ADDITION - PRELIMINARY PLAT The application of Windtree Company for revised preliminary plat of Windtree 3rd Addition consisting of 16.1 acres of Windtree 2nd Addition, except Lots 13 and 14, containing 29 single family lots was brought before the Council.Jim Hill, Planner, appeared on behalf of the applicant and Dale Runkle presented the application to the Council. He stated that residents in South Hills Addition had appeared at.the Planning Commission meeting and generally supported the project. Mr. Hill explained the application in some detail and it. was noted the Advisory Planning Commission recommended approval, subject to certain conditions. After discussion, Wachter moved, Egan seconded the motion to approve the application.for preliminary plat approval, subject to the following conditions: 1. The applicant shall be responsible for the costs associated with the relocation of any of the utilities that have to be reconstructed within the development. 2. All lots shall meet or exceed the R-1 zoning standards. 3. The existing easements shall be 'vacated and the new easements shall be established with the replat. 4. All other City ordinances shall be adhered to. 5. If installed privately, the plans and specifications for the utility • services shall!be prepared by a registered engineer and include proposed house elevations and sanitary sewer service elevations and be submitted to the Engineering Department for approval. 6. •All utility and drainage easements shall be dedicated as required by staff. 7. The utility and drainage easement as described on the Windtree 2nd Addition in Block 3 shall remain the same and be incorporated with this plat. B. Where required, cross easements shall be provided for sewer services. 9. This development shall be responsible for all costs resulting from the utility service construction. All voted yes. PUROLATOR COURIER CORP. - CONDITIONAL USE PERMIT The application of Purolator Courier Corp. for conditional use permit for outside storage of delivery service vehicles at its proposed location in the former Warner Hardware building on Lexington Avenue was next considered by the • Councilmembers. Representatives of Purolator Courier were present and stated .12 Council Minutes December 20, 1983 • that their business, that of an overnight package delivery service, currently has a facility in Minneapolis. The,.Advisory Planning Commission recommended approval and there was discussion concerning access to the property. It was noted that blacktopping of the parking lot has now been completed. Wachter moved, Egan seconded the motion to approve the application, subject to the following conditions: C, J 1. That the area for outside storage shall be marked in accordance with the site plan submitted. 2. That the conditional use permit shall be renewed annually, if it conforms with all other applicable City ordinances. All voted yes. RIDGBCLIFFE 6TH ADDITION-- FINAL PLAT The application of U. S. Homes Corporation for final plat approval of Ridgecliffe 6th Addition was brought before the Council. There was no appearance on behalf of the applicant and the staff did recommend approval. Egan moved, Thomas seconded the motion to approve the application for final plat approval, subject to compliance with the necessary city requirements and to authorize the Mayor and City Clerk to execute the related documents. All voted yea. RORTHPIEW MEADOWS - CONTRACT 083-2 - FINAL PAYMENT A request had been received from Austin P. Keller Construction Company for final payment of $23,791.73 for Contract 183-2. Mr. Hefti stated that 'a request had been made by George Trapp for payment of approximately $1,000.00 for damage to's hitch on a piece of machinery that he had located near the construction site on his property adjacent to Diffley Road. He indicated that the subcontractor for Austin Keller Construction Co. had first indicated it would pay the amount and then refused to do so. There was discussion by Councilmembers and upon motion by Smith, seconded Egan, it was resolved that the request for final payment be continued indefinitely and that staff then resubmit the issue to the City Council with recommendation as to payment. All voted in favor. 1984 GENERAL FUND AND ENTERPRISE BUDGET Mr. Hedges stated that several special city council meetings have been held during the months of August and September of 1983 to consider the 1984 General Fund operating revenues and expenditures. A public hearing was held in September and at the October 4, 1983 council meeting the mill levy/property tax collection was certified to the Dakota County Auditor for taxes payable in 1984. The total general fund for the City is proposed to be $4,375,580.00. • There was discussion about the total enterprise fund budget, including water, sewer and street lighting of $3,014,990.00. There was also discussion 13 Council Minutes December 20, 1983 concerning the purchase of utility vehicles and Smith moved, Thomas seconded • the motion to include one -vehicle in the budget. for the uitli.ty.department; - further, that the Council be on record approving the 1984 budget as presented by the City Administrator. All voted yes. MUNICIPAL CENTER PROJECT - FINAL CHANGE ORDER A final change order proposed for the Municipal Center project had been continued from the last City Council meeting and Mr. Hedges stated that he has not been able to meet with the architect, Jack Boarman, and therefore recommended that the issue be continued until January 3, 1984. Egan moved, Wachter seconded the motion to approve the recommendation. All voted in favor. ZONING AND DENSITY POLICY At a special City council meeting on December 15, 1983 a zoning and density policy prepared by the City Attorney, Paul Hauge, was discussed briefly by members of the Council. A copy of the resolution was included. in the packet and the City Administrator was directed to review how many small lots were platted during the past three years by means of PUD zoning, the underlying zoning of each of the above developments, and the remaining residential potential for the community in terms of acres for all residential zoning classifications. Information is being compiled and the Council did discuss the resolution as proposed. Councilman Smith recommended that the resolution include provisions relating to housing for low and moderate income persons and there were developers in the audience who also presented comments regarding the proposed wording. There was discussion concerning issues regarding terrain, topography, vegetation and general compliance with the housing sections of the Comprehensive Guide Plan. Blomquist moved, Wachter seconded the motion to approve the proposed resolution presented to the Council regarding zoning and density. One suggestion was presented in May of 1983 that the density deviations for residential purposes take place only in areas designated R -II under the Land Use Guide. Further, the need to achieve a balance in,the type of housing in the City was a strong consideration. Smith then moved, Egan seconded the motion to amend the resolution to provide for low and moderate housing in paragraphs 1 and 2 of the resolution providing for compliance with the general provisions of the housing sections of the Eagan Comprehensive Guide Plan in both paragraphs 1 and 2. After discussion and revision to the wording, all voted in favor of the wording as revised. DAKOTA COUNTY TRIBUNE - LEGAL NEWSPAPER Mr. Hedges stated that the Eagan Chronicle has now indicated that it will not act as the legal newspaper for the City of Eagan for 1984 and he recommended that the Dakota County Tribune be appointed, at least on a temporary basis, during 1984, as the legal newspaper for the City. It was uncertain as to whether the Tribune's Eagan This Week newspaper could be designated as the legal newspaper, but upon motion by Egan, seconded 14 • • Council Minutes December 20, 1983 • Blomquist, it was resolved that the Dakota County Tribune be designated for January 1984 as the legal newspaper._',All voted yea.` ODELL OS. CITY OF HACAN Councilman Smith discussed with the other members of the Council a proposal that he had considered at an earlier time regarding the -Supreme Court appeal brought by the Odell family against the City of Eagan for lot split in McCarthy Ridge Addition. He noted that a new letter had been received from the attorney for the Odells indicating that the Odells would not agree to move the garage, but that it would dismiss the appeal if the City Council would approve the lot split. There was also discussion concerning the use of Robert's Rules of Order by the City Council and it was noted that there is a degree of flexibility with the Mayor making determinations as to Rules of Order for council meetings. Robert's Rules of Order will act as a guide only to the City Council for parliamentary procedure. McCARTHY POND — CONDEMNATION ACTION The City Attorney recommended to the City Council that it approve the hiring of a second appraiser for the City regarding the condemnation action that is expected to be heard in the District Court in early 1984.. Egan moved, Thomas seconded the motion to hire Mark Parranto as the City appraiser for • that pond acquisition action for the City. All voted in favor. C 1 Egan moved, Wachter seconded the motion to approve the following checklist dated: All voted yea. ADJOURNMENT Upon motion duly made and seconded, the meeting adjourned at 12:10 p.m. 15 City Clerk PHH • r1 L -j r1 U SUBJECT TO APPROVAL MINUTES OF A SPECIAL JOINT MEETING OF THE ADVISORY PLANNING COMMISSION AND CITY COUNCIL RAGAN, FQNNESOTA DEC@SBBR 15, 1983 A special joint meeting of the Eagan Advisory Planning Commission and the Eagan City Council was held on December 15, 1983 at 9:40 p.m. at the Eagan Municipal Center. Councilmembers present were Smith, Egan, Wachter and Thomas and Mayor Bea Blomquist. Advisory Planning Commission members present were Chairman Hall, members Bohne, Mulrooney, Wilkins, Turnham and McCrea. Absent were members Kroh and Wold. Also present were City Administrator Hedges, City Planner Runkle, Interns Liz Witt and Ed Meister and City Attorney Hauge. Mayor Blomquist stated that the purpose of the meeting was to conduct the annual review of existing planned developments in the City. Dale Runkle opened the meeting by stating that five planned developments were approved in 1983, including the Laukka-Beck Planned Development, on the former Dayton - Hudson site, and the Amcon Planned Development, Park Ridge, Tiberon, and Ridgecliffe 7th Addition. No action was taken on any of those planned developments. There was no activity in 1983 and the report from Liz Witt was briefly reviewed by the members present. Harvey Braun, the developer, is still seeking a buyer for the property and there has been no activity in 1983 with no proposed changes in the planned development. RAGAN 40 LIMTED Dan Dolan appeared for the owner and stated the economic conditions are still not favorable for apartment construction and he indicated. that he may be requesting tax increment financing to develop the project. There was a question as to whether the northeast parcel would be developed with the land to the east and the City recommended the two be developed compatably. There were no plat changes in the development and a 10 year planned development agreement was entered into in November of 1975. 1 r Special APC S Council Minutes December 15, 1983 • BLACKHAWK OAKS Larry Frank appeared for the owner. There was discussion concerning the completion of the Planned development agreement. The developer was requested to complete the development agreement within 120 days, subject to Park Commit- tee recommendations concerning access to the land to the north. There was no appearance by the owner, James,Rundquist, and Ed Meister -briefly reviewed the planned development. There was discussion concerning the Silver Bell Road extension. The Park Committee reviewed the issue at its last regular meeting. , C i_ There was no appearance by the applicant and the platting that has taken place during 1983 was reviewed by the members present. It was noted that all of the land has now been platted with the final plats expected to be completed soon. GOPHER-HAGAN INDUSTRIAL RESIDENTIAL PARK A representative from Gopher -Eagan was present and stated that no changes • are planned. He indicated that land east of Highway 449 is intended for commercial development and it was further noted that park dedication was completed during 1983 for a total of 17.3 acres of park land. WINKLER/JACKSON PLANNED DEVELOPMENT No development has occurred, although there was a preliminary plat appli- cation on one of'the parcels during 1983. No changes are anticipated at the present time. SOOTS DELAWARE BILIS David Sellergren, attorney, appeared for the current owner, Derrick Land Company. He stated that he expects the developer will be making a presenta- tion to the City within a few months. No changes have taken place during the previous year. BRITTANY 9TH ADDITION It was noted that virtually the entire addition has now been completed and that residences have been built on nearly all of the lots. • 2 1 Special APC 6 Council Minutes • December 15, 1983 LEXINGTON SOUTH PLANNED DEVRLOPKRNT Jim Curry was present and reviewed with the Council activity during 1983. He stated there has been significant activity, including the proposed sale of 7 sites for churches. He also expects in 1984 that there will be considerably more development, including a proposed commercial project. 34% of the 1,140 acres have been developed and nearly half of the park dedication has been completed. CINNAMON RIDGE PLANED A representative from Zachman Homes was present and stated that the developer could install Metcalf Drive, but that the road to the south connect- ing Slater's Road cannot economically be installed at the present time and also that the road allignment may change, depending upon the development of the southerly parcel. He asked that the City take action eliminating the requirement that the southerly road be installed at the present time, but no action was taken. 163 units have been completed in the project. • - BLACXHAWK PARS NORM 8 SOUTH Ed Dunn appeared on behalf of the owner of the property and substantial information was submitted concerning the current status and proposals for the future development of the property. He stated that the Z -35E right-of-way has now been determined and is in the process of being acquired by the Minnesota Department of Transportation, which will now allow for more complete planning of the northerly parcel. KNOB BILL OF EAGAN Mr. Dunn appeared and stated that the plat for the area has now been approved and that the grading has commenced on the townhouse project along the west boundary. No anticipated changes are expected at the present time. CEDAR CLIFF COMMERCIAL:PLANED DEVELOPMENT John Flanagan appeared on behalf of the owners and indicated that there is interest for commercial and office use and that the applicants may request rezoning and a new layout of the proposed subdivision. 3 Special APC S Council Minutes December 15, 1983 EAGAN HrL13 VEST PLAN= DEVELOPMENT Attorney Dave Sellergren appeared for the developer and briefly reviewed the action during 1983. It was noted 'that Sun Cliff Phase I has been platted and utilities and grading are now in progress.. Park land dedication also is in the process of being completed. No further changes are expected and no further action was taken. PILOT KNOB HEIGHTS PLANNED DEWLoPMENT It was noted there are two undeveloped parcels, including a proposed apartment complex and commercial lot and that the City has acquired 1.2 acres of park land in 1983• BLUFFVIEV PLANNED DEVELOPMENT • Mark Parranto appeared on behalf of the owners of the 17 acre parcel. No activity has developed during 1983 and the staff .was requested to make certain that the Planned Development Agreement is completed. • EAGAN HEIGHTS COMMERCIAL. PARK Charles Bartholdi appeared for the developers and indicated the parcel in the northwest corner is expected to be -developed in 1984 and possibly one other site. The developer was requested to complete the planned development agreement within 120 days. MISSION HILLS PLANNED DEVELOPMENT There was no appearance by the applicant and it was noted that the Dakota County Satelite Court facility is expected to be opened in early 1984. No other action has taken place' on this site during 1983. After reviewing all planned developments, Wilkins moved, ---McCrea seconded the motion to recommend approval to the City -Council of the annual review of all the planned developments based upon the information submitted. All voted in favor. Egan then moved, Thomas', seconded' the motion on behalf of the City Council to approve the annual review of all planned developments, based upon the • recommendations of the Advisory Planning Commission and the information sub- mitted and -approved at the meeting. T is 'w. ADJOORKPIENT 1. Upon motion duly made and seconded, the 'meeting adjourned at 11:00 p.m. PHH 5 City Clerk Secretary Special APC 6 Council Minutes • December 15, 1983 is 'w. ADJOORKPIENT 1. Upon motion duly made and seconded, the 'meeting adjourned at 11:00 p.m. PHH 5 City Clerk Secretary SUBJECT TO APPROVAL MINUTES OF A REGULAR MEETING OF TBE EAGAN ADVISORY PLANNING COMMISSION RAGAN, MINNESOTA DECEMBER 15, 1983 A regular meeting of the Eagan Advisory Planning Commission was held on Thursday, December 15, 1983 at 6:30 p.m. at the Eagan Municipal Center. Present were Chairman Hall, Members Bohne, Mulrooney, Wilkins, Turnham and McCrea. Absent were Krob and Wold. Dale Turnham has submitted his resigna- tion to the City Council indicating he will not be a candidate for reappoint- ment to the Advisory Planning Commission.. Also present were Assistant City Engineer Hefti, City Planner Runkle, and City Attorney Hauge. AGENDA Bohne moved, Wilkins seconded the motion to approve the Agenda as distri- buted with the continuation of the application of Dennis Dunn for Waiver of Plat and James and Arvella W. Horne and Horne Development Corporation for rezoning and preliminary plat, both until the January 1984 regular meeting. All voted yes. • MINUTES Upon motion by Wilkins, seconded Turnham, it was resolved that the Minutes of the November 22, 1983 meeting be approved. All voted in favor. B=LLANDALE ADDITION NO. 2 - PRELIMINARY PLAT The continued hearing concerning the application of Michael Construction, Inc. for preliminary plat approval of Hillandale Addition No. 2 consisting of 12.58 acres containing approximately 125 dwelling units, located in parts of Lot 2, Block 1, and Lots 3 and 4, Block 1, Lot 2, Block 2, and Outlot A, Hillandale No. 1, in Section 20 was convened by Chairman Charles Hall. Mr. Runkle reviewed the application noting that it had been continued from the regular meeting in November with some questions arising by Planning Commission members and neighbors. Mr. Runkle stated that a meeting had been held between the developer and neighboring property owners without any compromises and proposed changes being made by the applicant. Lynn Keefer, a neighboring resident, appeared for the Hillandale Homeowner's Association No. 1, and stated that the Association still had objections to the proposal. Harry Baker appeared from Association No. 2 and had concerns about the blind intersection at Blackhawk Road, together with other questions. He stated that area resi- dents would prefer an interior park within the development and also objected to private streets being installed. Mr. Hefti stated that the City may re- quire the standard improved street width and it was noted that the private street was requested for density reasons. Other neighboring residents • 1 APC Minutes December 15, 1983 • appeared and questioned how an EAW and EIS could be requested because of the noise expected from I -35E. Other objections included the increase in traffic, the water run-off and the potential excessive parking along the streets. Safety of children was another primary_ issue. In addition, questions arose concerning maintenance of the private street and it was noted that the Home- owner's Association would be required to maintain the street. There were objections to proposed variances for setbacks along the I -35E right-of-way. Maurice McKay, President of the Homeowner's Association No. 2 questioned whether there would be controls on rental of the units. Greg DeManceau, Architect, appeared together with the developer and stated that a maximum of 170 to 180 units could be built but the plan included about 112 units. In addition, they are installing some additional parking stalls and the developer does not recommend public park within the develop- ment. It was noted that MnDOT has no concern about the setbacks of the buildings from the right-of-way of I -35E. The City staff recommends a through street for circulation purposes and noted that the northerly cul-de-sac is greater than 500 feet. The staff also recommended a loop near the northwesterly property line, and possibly the fire chief will recommend a loop along the northwesterly property line. Member • McCrea was concerned about the possibility of inadequate parking space and it was further noted that a loop street would be of advantage to the residents in the area. In addition, there were questions about the amount of trips gener- ated within the area that would result. Mr. Runkle stated that if no vari- ances are allowed, that the developer could build higher density units within the development. R-3 zoning would allow 7.2 units per acre maximum and it was suggested that the Develpment Agreement control the type of townhouse use. After extended discussion, Mulrooney moved and McCrea seconded the motion to continue the application to the next regular meeting and request that the Developer submit a comprehensive study regarding traffic patterns and trip generation and further that the staff submit a report concerning whether the streets should be private or public streets and whether sidewalks should be recommended. All voted in favor except Bohne and Hall who voted no. PUROLATOR COURIER CORPORATION - CONDITIONAL USE PERMIT The hearing regarding the application of Purolator Courier Corporation for conditional use permit for outside storage to store vehicles for the Courier Service being proposed to be located in Eagandale Industrial Park was then convened by the Chairman. The proposal is to lease the former Warner Hardware Building which is an existing building in Eagandale Park. There is an existing parking area where the vehicles are proposed to be stored and it is the City's understanding that the majority of the truck servicing and dispatching would be done inside the building and a few trucks will be stored • outside. Dale Runkle presented the application by, describing the request for the permit and the location. There were no questions from the audience. 2 APC Minutes • December 15, 1983 _ r Representatives from Purolator Courier' Corporation were present and stated that the parking lot has a bituminous surface and a fence enclosure. Member Wilkins asked about the existing gasoline tank and whether it would be tested to determine if there is a leakage. Bohne moved, Mulrooney seconded the motion recommending approval of the application, subject to the following conditions: 1. The area for outside storage shall be marked in accordance with the site plan submitted. 2. An application for the conditional use permit shall be submitted annually for approval by the City. All voted in favor. A. J. ADDITION - PRELDQPARY PLAT The hearing regarding the application of Tri -Land Co., Inc. for preliminary plat approval of A. J. Addition, consisting of one acre and two • single family lots located on Lone Oak Road and east of Egan Avenue was convened. Dale Runkle presented the application and Brad Swenson appeared for the applicant. He submitted a letter from the Dakota County Highway Engineer confirming access to Lone Oak Road 216 feet east of Egan Avenue, as proposed by the Developer. He further stated that no safety problems should occur due to the County's position that no median will exist within the County right -of= way. Charles Maloney, a neighboring owner, appeared and stated that if a lot is land -locked according to the County Highway Engineer, that the County must allow access. He objected to the proposed subdivision, indicating it would impact on the integrity of the neighborhood. Member Bohne asked about the average size of the lots located within the neighborhood and Mr. Maloney stated that there were 94 lots in Country Home Heights and only. 5 are as low as 19,000 square feet. Wilkins asked if a neighborhood meeting had been held and Mr. Swenson stated that a meeting was held where three residents attended. Storm sewer was installed as a part of the road improvements and a culvert and access is allowed to provide two lots for development, instead of one lot, according to Mr. Lawrence Poppler, the former owner. After lengthy discus- sion, Mulrooney moved, Bohne seconded the motion to recommend approval of the application, with the conditions that are recommended by the staff. Those in favor were Mulrooney, Bohne, and McCrea. Those against were Turnham, Wilkins, and Hall. The recommendations are as follows: 1. The plat shall be subject to the Park Commission's review and com- ment for the newly created lot. • 2. A development agreement shall be entered into and signed by the applicant prior to final plat approval. 3 APC Minutes December 15, 1983 3. The plat shall be subject to Dakota County Plat Commission's review and comment because the plat abuts County Road 26 (Lone Oak Road). 4. Cross easements shall be established for the common entrance for Lots 1 and 2, and only one access shall be allowed. 5. All other City ordinances shall be complied with. 6. A detailed grading and erosion control plan .shall be submitted for approval by the Engineering Department. 7. If installed privately, the plans and specifications for utility service connections shall be prepared by a registered engineer and submitted to the Engineering Department for approval. 8. A 50 foot half right-of-way shall be dedicated for Lone Oak Road (County Road 26) for public right-of-way. 9. Easements shall be dedicated as recommended by City staff. 10. Hater area, sanitary sewer area, and lateral benefit from trunk • water main (to the extent it applies) shall be the responsibility of this development. 11. All costs for utility installation, grading, etc. shall be the sole responsibility of this proposed development. ' BERKSHIRE PONDS - REZONING AND PRELIMINARY PLAT The hearing regarding the application of Derrick Land Co. and Richard Bloom to rezone approximately 27 acres from A (Agricultural) to R-1 PD (Resi- dential Single Planned Development District) in order to deviate from the normal single family lot size requirement, and preliminary plat approval of Berkshire Ponds was convened by the Chairman. The parcel consists of 27 acres and would contain 73 single family lots and a proposed 4 acre park located in the Southwest Quarter of the Northwest Quarter of Section 32 on Galaxie Avenue. Dale Runkle presented the application and noted that the land use is R -II with the zoning presently Agricultural. The development would provide for a 2.7 dwelling unit per acre gross density and 3.1 dwelling.unit per acre net density. The areas to the north and south are presently undeveloped and are proposed to be developed in accordance with R -II land use including 3 to 6 dwelling units per acre. • 4' APC Minutes December 15, 1983 The 73 single family lots•.would have a minimum 65 foot lot width, and the smallest lot area is 8,500 square feet with an average of 11,256 square feet. Six lots meet all the minimum requirements, 11 lots do not meet the lot width minimum requirements and 56 lots are below the 12,000 square footage and also below the 85 foot minimum frontage. David Sellergren, attorney, appeared together with Larry Frank of Derrick Land Company, and Bill Maurer of Probe Engineering. Mr. Sellergren stated that constraints existed because of I -35E and Galaxie Avenue and also recommended. that the park be accepted by the City because of its being a self-contained area. He stated that the R-1 PD re- quested does not allow for variances but to create greater controls by the City.- He also stated it's not economically feasible for R-1 minimum standard lots and the Comprehensive Plan allows 3 to 6 units per acre on -the site. He stated the minimum frontage would be 65 feet and the intention is to sell all lots to one developer. He also requested that the 60 foot right-of-way on internal streets not be required and Mr. Hefti recommended 60 foot right-of- way on the southerly east -west street. The developer also requested access directly to Galaxie from three lots, but that driveway turnarounds will be provided internally on each lot. Byron Watschke has proposed 100 foot front- ages according to Mr. Runkle for the site and objected to the smaller lots. The Park Committee has reviewed the request for Park dedication and Mr. Runkle • stated that he understood that the Committee is recommending that it be pri- vately owned and maintained. It was noted that the City Council. is currently reviewing small lot and density issues and some members recommended that the matter be continued. McCrea moved, Wilkins seconded the motion to recommend approval of the application for rezoning from A -Agricultural to R-1 PD. Mem- ber Mulrooney opposed the undersizing of lots, noting that by far the highest' percentage of lots do not comply with minimum requirements. All voted in favor except Mulrooney who voted no. McCrea then moved, Wilkins seconded the motion to recommend approval of the application for preliminary approval of Berkshire Ponds, subject to the following: is 1. That a planned development agreement shall be executed in accordance with the specific plan approved by the Advisory Planning Commission and City Council. 2. Deviations from lot size for R-1 shall be allowed in accordance with this specific plan. 3. The plat shall be reviewed by the Minnesota Department of Transpor- tation because the plat abuts State rights-of-way. 4. The plat shall be subject to the Park Commission's review and com- ment regarding the proposed park dedication. 5. All lots shall contain a minimum of 65 foot lot widths at the 30 foot setback. k APC Minutes December 15, 1983 6. The detailed grading and house elevation exhibit shall be amended to include the type of unit being proposed on the lots. This exhibit shall be submitted prior to final plat application. (No other ordinance deviations shall be allowed. 7. A detailed grading and erosion control plan shall be submitted for approval incorporating additional grading required to incorporate the storage volume in Pond AP -16 lost to the proposed grading. 8. An approved method of interconnecting the two ponds incorporating Pond AP -16 shall be determined. 9. If installed privately, plans and specifications for internal streets and utilities shall be prepared by a registered engineer in accordance with City standards and submitted to the Engineering Department for approval. 10. Access to Galaxie Drive shall be allowed for three lots with no building permit to be allowed without ability for lot turn around. 11. The north -south dead-end street shall be eliminated and replaced with a cul-de-sac. . +. • 12. Ponding easements incorporating the high water elevation of Pond AP - 16 shall be dedicated as a part of this plat.' • 13. All internal easements shall be dedicated as required by staff. 14. The southerly east -west publicly -dedicated right-of-way shall be 60 feet. • 15. Adequate, right-of-way for Galaxie Avenue shall be dedicated to provide a 50. foot half right-of-way. 16. This development shall accept its responsibility for trunk area storm sewer assessments at the rate in affect at the time of final plat approval. 17. The cost of providing all internal utilities and streets shall be the sole responsibility of this development. p.m. All voted in favor except Mulrooney who voted no. ADJOURNMENT Upon motion duly made and seconded, the regular meeting adjourned at 9:40 R Secretary PHH F_ 1 LJ SUBJECT TO APPROVAL • MINUTES OF A SPECIAL MEETING OF THE RAGAN CITY COUNCIL EAGAN, lDNBSOTA DECEMBER 15, 1983 A special meeting of the Eagan City Council was held on December 15, 1983 at 7:00 p.m. at the Eagan Municipal Center. Councilmembers present were Smith, Egan, Wachter and Thomas and Mayor Bea Blomquist. Also present were City Administrator Hedges and City Attorney Hauge. The City Council met according to notice at 7:00 p.m. to discuss develop- ment density issues and the Police Association negotiations. Extended discussion took place concerning density and lot sizes within new subdivisions and within planned developments and the Council reviewed a proposed Resolution prepared by City Attorney Paul Hauge. Shifting densities within planned developments was also considered. The City Administrator reviewed contract proposals for the Police Asso- ciation for all sworn police officers and also the contract proposals covering public works and park maintenance employees for 1984. No action was taken. The meeting adjourned at 9:30 p.m. E City Clerk PHH