Loading...
12/20/1983 - City Council Regular 00 370 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. 1 00371 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. 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. 2 003'2 Council Minutes 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. R 83-79 3 00373 Council Minutes December 20, 1983 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 4 00374 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. 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. 5 00375 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 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. 6 00376 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. SEE PLAT FILE 7 00377 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 8 00378 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. 9 00379 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 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. 10 00380 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 00381- Council Minutes December 20, 1983 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 12 00382 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 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. R 83-80 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 13 00383 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 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 14 00384 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 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 Ci y c rk 15