12/20/1983 - City Council Regular
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MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL
EAGAN, 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.
COUNCIL MEETING MINUTES
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.
PARK 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.
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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.
MICRO-COMPUTER
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.
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December 20, 1983
I-35E TRUNK STORM SEVER - PROJECT #354
MnDOT requested a construction permit from the City over the south '0
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 HILL PROFESSIONAL PARK - PROJECT #386 - HEARING
Mayor Bea Blomquist convened the public hearing regarding Project #386
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 1 1/2 inch
service will be installed and if a larger service for sprinkling 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 report, to order in the project but not to authorize the plans and
specifications until later approved by the Council. All voted in favor.
WESCOTT ROAD - PROJECT #305 - FINAL ASSESSMENT HEARING
The next hearing convened by the Mayor concerned Project #305 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.
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WATER TREATMENT PLANT - PROJECT #371 - STREETS & UTILITIES
The reconvened public hearing regarding Project #371 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 #371. 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-
ject to City staff and City Attorney review and approval. All voted yes.
SEE BOND FILE
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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.
2. Consideration has not adequately been given to the trees in the
area.
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.
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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 recent drafts 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.
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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.
SEE PLAT FILE
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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
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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.
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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 PEDERSEN - 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 approve 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.
All voted yea.
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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.
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iIINDTREE 3RD ADDITION - PRELM NARY 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.
8. 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.
SEE PLAT FILE
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
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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 tF
following conditions:
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.
RIDGECLIFFE 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.
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NORTHVIEW MEADOWS - CONTRACT #83-2 - FINAL PAYMENT
A request had been received from Austin P. Keller Construction Company
for final payment of $23,791.73 for Contract #83-2. Mr. Hefti stated that a
request had been made by George Trapp for payment of approximately $1,000.00
for damage to a 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
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concerning the purchase of utility vehicles and Smith moved, Thomas seconded
the motion to include one vehicle in the budget for the uitlity 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
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Blomquist, it was resolved that the Dakota County Tribune be designated for
January 1984 as the legal newspaper. All voted yea.
ODELL VS. CITY OF EAGAN
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.
CHECKLIST
Egan moved, Wachter seconded the motion to approve the following
checklistsdated: November 30 and December 20, 1983.
All voted yea.
ADJOURNMENT
Upon motion duly made and seconded, the meeting adjourned at 12:10 p.m.
PHH
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