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09/01/1981 - City Council Regular F . �rJ AGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL SEPTEMBER 1, 1981 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS Q A. Fire Department Q. � C. Park Department Q. � B. Police Department D. Public Works Department IV. 6:55 - CONSENT ITEMS (One motion approves all items) f.Ac A. Conditional Use Permit Renewals for September v.4 B. St. John Neumann Church for Temporary Non-Intoxicating Malt \ Liquor License and Combination Gambling License for September 12-13, 1981 Ey S C. Project 347, Receive Feasibility Report/Order Public Hearing (Shields' Sanitary Sewer ) P.s D. Contract 81-8, Approve Change Order #1 (Cedar Cliff 2nd Addition) V. 7:00 - PUBLIC HEARINGS �6 A. Industrial Revenue Financing for C. A. Roberts Co. 9 B. Assessment Hearings: P• PROJECT NUMBER LOCATION DESCRIPTION 1. 254 Safari Estates Street 2. 270 Heine Lake Area Storm Sewer 3. 273' Deerwood Dr, E of Pilot Knob Streets 4. 277 Deerwood Dr, E of Blackhawk Streets 5. 284 Windtree 1st Addition Sanitary Sewer, Water & Storm Sewer 6. 287 Eden Addiiton Street 7. 289 Shannon Glen Condominiums Storm Sewer 8. 292 Highview Ave. Street, Storm Sewer, �. Water & Sanitary Sewer 9. 293 Windcrest 1st Addition Sanitary Sewer, Water, & Storm Sewer 10. 294 Briar Hill Area Sanitary Sewer, Water, i Storm Sewer & Streets i 11. 295 Cedar Cliff 3rd Addition Sanitary Sewer, Water, Storm Sewer &Street 12. 300 James Refrigeration Sanitary Sewer, water & Storm Sewer 13. 301 Ches Mar East 2nd & 3rd Streets 14. 303 Brittany 2nd & 3rd Additions Sanitary Sewer, Water, Storm Sewer & Streets • Eagan City Council September 19 1981 Page Two VI. OLD BUSINESS 4, 10 A. Proposed Amendment to Ordinance #52 (Zoning Ordinance) to Require a Conditional Use Permit to Operate a Day Care Center Q.13 B. Selection of Legal & Technical Consultant for Cable Television C. Project #345 (wilderness Run Streets) VII. NEW BUSINESS Q. 15' A. Annie McLaughlin for a Conditional Use Permit for a Day Care Center located at 3710 Blackhawk Road 1Z B. Joseph M. Miller Construction Co. for a Waiver of Plat in Order � to Shift the Center Lot Line on Lots 5-6, Block 1, Ches Mar East 3rd Addition, Section 25-26 4.19 C. Proposed Amendment to Ordinance #42 (Liquor Ordinance) for Extension of Sunday Hours Q �Z9 D. Final Plat Ccnsideration for Bicentennial 7th Addition 31 E. SuperAmerica for Extension of Preliminary Plat and Conditional Q' Use Permit, VIII. ADDITIONAL ITEMS (The following items will be considered if time permits.) 341 A. Receive Bids/Award Contract, Contract 81-5 (Cinnamon Ridge V 1st Addition et al Utilities) B. Receive Bids/Award Contract, Contract 81-10 (Coachman Land PCompany 1st Addition et al Streets) Q�Art C. Ordinance Codification ?A2 D. Quit Claim Deed for Leo Murphy E. Stop Sign Petition, Denmark Avenue at Denmark Ct. 5o F. Mediterranean Cruise Restaurant for a conditional use permit to Allow On-Sale Liquor at the mediterranean Cruise Restaurant at 3945 Sibley Memorial Highway e561 G. Oliver Oppen for a Variance from Setback Requirements in an R-1 (Residential Single District) Located on Lot 6, Block 3, Cedar Grove 4, Section 30, 4374- Sandstone Drive. IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 27, 1981 SUBJECT: AGENDA INFORMATION After approval of the August 18, 1981 regular City Council minutes and the adoption of the September 1, 1981 City Council agenda, the following information is in order for consideration: FIRE DEPARTMENT A. Fire Department -- There are no items to be considered for the Fire Department at this time. POLICE DEPARTMENT B. Police Department -- There are no items to be considered for the Police Department at this time. PARK- DEPARTMENT C. Park Department -- There are no items to be considered for the Park Department at this time. PUBLIC WORKS DEPARTMENT D. Public Works Department -- stop- Sign at Dunrovin and Balsam North -- A letter was received from in y Spoerner that expresses �3 ssatisfaction with the location of the stop sign that was approved at the last City Council meeting. A copy of the letter is enclosed on pages Z through. She hats asked 'for time on the City Council age�to further address the issue. She is planning to be present at 6 :30 to be heard prior to the public hearings. There is no action suggested on this item. i i i _ w S f e o G Ole W-1 IL Ae --/6 G ; /4Q-GLS G' Z i Agenda Information Memo August 27 , 1981 Page Two There are four (4) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If there is any item which the City Council wishes to discuss in further detail, that item should be removed from the Consent Item list and placed under Additional Items unless the discussion required is brief. This will allow the Mayor to proceed with Public Hearings as legally noticed at 7 :00 p.m. SEPTEMBER CONDITIONAL USE PERMIT RENEWALS A. September Conditional Use Permit Renewals - The following conditional use permit renewals are in order for consideration: 1. Janette Flogstad to operate a Christian Day Nursery School at Mt. Calvary Lutheran Church; , 2. E. L. Murphy Trucking at 3303 Terminal Drive to allow a temporary permit for trailer for office use; 3. Michael M. Neisius to operate at storage and repair for up to 10 motorized vehicles at 4855 So. Robert Trail; 4. Mr. Walter Wosje at 3945 Pilot Knob Road to reaise 10 head of cattle on three acres instead of five acres; and 5. Carl Case at 540 Co. Rd. 30 to operate a repair shop in his garage. All conditional use permit renewals are reviewed by the Chief Building Inspector and are found to be consistent with the action that was taken by the City Council when the conditional use permits were originally approved. ACTION TO BE CONSIDERED ON THE MATTER: To approve the September conditional use permit renewals. TEMPORARY NON-INTOXICATING LIQUOR & COMBINATION GAMBLING LICENSES ST. JOHN NEUMANN CHURCH B. St. John Neumann Church for Temporary Non-intoxicating Malt Liquor License and Combination Gambling License for September 12- 13, 1981 -- St. John Neumann Church has made application for a temporary non-intoxicating malt liquor license ( 3.2 beer) and combi- nation gambling license for September 12-13, 1981 . The 3. 2 beer license and combination gambling license are requested by St. John Neumann for the church' s "Fun Fair". The combination gambling license includes bingo, tipboard and paddlewheel. ACTION TO BE CONSIDERED ON THE MATTER: To approve the 3.2 beer license and combination gambling license for St. John Neumann Church. 4 Agenda Information Memo August 27, 1981 Page Three PROJECT-347 C. Project 347, Receive Feasibility Report/Order Public Hearing (Shield' s Sanitary Sewer) -- On July 13, 1981, a petition and waiver of hearing requesting the extension of sanitary sewer from Lemay Lake to the west side of Pilot Knob Road was submitted by Mr. Martin Shields. Based on this petition and waiver of hearing, the City Council ordered the preparation of a feasibility report at the July 21 Council meeting. This report has now been completed and is being presented to the Council for their review with the inten- tion of a formal public hearing being held for procedural purposes. only on October 6, 1981. ACTION TO BE CONSIDERED ON THE MATTER: To receive the feasibility report for Project 347 (Shield' s Sanitary Sewer) and order the public hearing to be held October 6, 1981. CONTRACT- 81-8 D. Contract 81-8, Approve Change Order #1 (Cedar Cliff 2nd Addi- tion) -- During the bid 'opening for the above referenced contract, there was discussion pertaining to the cost of the bituminous trail way construction along the east side of Nicols Road from Cliff Hill Lane north to Rahn Park. Because of the excessive cost of the construction of this txailway at this time, due to the extensive grading and special drainage construction required, it was felt that it would be more economically feasible to construct this trail as a part of a cooperative project with Dakota County when Nicols Road is upgraded in the future or when Dakota County installs this segment of their County Trail System. With the deletion of this work, the result is a deduct of $10,906.50 from the original con- tract amount. An understanding has been reached with the developer wherein they will agree to pay $3,400 at the present time to cover their anticipated future construction costs for this trail when construction occurs. ACTION TO BE CONSIDERED ON THE MATTER: Approve Change Order #1 to Contrast 81-8 for a deduct of $10,906.50. Agenda Information Memo August 27, 1981 Page Four IR- FINANCING - C. A. ROBERTS- CO. A. Industrial Revenue Financing for C. A. Roberts Co. in the Amount of $1,600,000 -- A public hearing has been officially noticed in two (2) newspapers to consider an application for industrial revenue financing as proposed by the Fluor Corporation to purchase and expand property to be owned by the C. A. Roberts Company located at 1034 Gemini Road and, more specifically, near the intersection of Neil Armstrong Blvd. in the Eagandale Center Industrial Park. The amount of the industrial revenue financing requested is $1,610,000. It is estimated nineteen new jobs will be created with the expansion. The C. A. Roberts Company will purchase, expand and be the owner of the property described. The C. A. Roberts Co. is a subsidiary of the Fluor Corporation which will guarantee all industrial revenue bonds for the project. At the last regular City Council meeting of August 18, 1981, the. City Council approved a variance to the 35% lot coverage for the C. A. Roberts Co. There- fore,fore, the existingbuilding and proposed addition are platted and properly zoned and conformsto all other planning regulations. For a copy of the application for industrial revenue financing, refer to pages �17- through The financial data has been given to Miller c roeder Muncipa s, Inc. , for their review and a copy of their letter will be enclosed as additional information with the administrative packet on Monday. The Fluor Corporation is consulting with Juran & Moody to satisfy the requirement of an instate consultant. Enclosed for City Council review without a page number is a document that provides information related to the description of the project, breakdown of estimated capital cost; secondary economic impact, location of the project, an analy- sis of the operator' s and Fluor Corporation financial statements. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the industrial revenue financing in the amount of $1 ,610,000 for C. A. Roberts Co. 6 CITY OF EAGAN, MINNESOTA 3795 Pilot Knob Road Eagan, MN 55122 APPLICATION FOR INDUSTRIAL REVENUE FINANCING REVIEW BUSINESS NAME: C. A. Roberts Company MINIMUM SIZE $500,000 LOCATION: 2401 25th Avenue, Franklin Park, IL LAND: $ 131, 000 BUSINESS FORM Corporation 60131 BUILDING: $ 483, 000 REPRESENTATIVE: Michael A. Montevideo EQUIPMENT: ; 500, 000 PHONE: 714-975-7159 OTHER: $ 627, 000 NATURE OF BUSINESS: Distributor of specialty TOTAL: $ 1,741, 000 tubing to the steel and aluminum industries Date' 7/30/81 - -DETAILED COST BREAKDOWN: Land Acquisition & Site Development $ 131, 000 Construction Contracts $ 592, 000 Equipment Acquisition & Installation$ 5fl0, 000 Architectural h Engineering Fees $ - Legal Fees $ 15, 000 Interest During Construction $ " Initial Bond Reserve $ - Contingencies $ - Bond Discount $ 20, 000 Other (Existing building) $ 483. 000 HISTORY OF APPLICANT 1. Have you ever been in bankruptcy? no 2. Have you ever defaulted on any bond or mortgage commitment? no 3. Have you applied for conventional financing? yes, however the company has not applied for any financing on this project. 4. What are your future plans? This project represents a permanent commit- ment to the Eagan area and will allow active participation in the industrial and 5. List financial references: economic growth of tHe area. a. Dun & Bradstreet #00-690-7190 b. Canadian Imperial Bank of Commerce, Los Angeles - Contact Doug Pearson 6. When will the construction period begin? Start: 9/81 (213)612-4521 Finish: 12/81 7. Other comments: C. A. Roberts is a wholly owned subsidiary of Fluor Corporation. Fluor Corporation will guarantee all Industrial Revenue Bonds for this. project. INFORMATION CONCERNING APPLICANT'S PROPOSED PROJECT i 1. PROPOSED LOCATION (ADDRESS AND LEGAL DESCRIPTION) 1034 Gemini Rd. , Eagan, Minnesota. The property fronts on Gemini Road near the Intersection at Neil Armstrong Blvd. in the Eagandale Center Industrial Park. - - 2. NEW FACILITY OR EXPANSION? An existing facility currently leased by C. A. Roberts will be purchased and then expanded. 3. INDUSTRIAL/COMMERCIAL/RETAIL? A commercial facility consisting of 53, 107 sq. ft. of combined office and warehousing space. 4. ESTIMATE NUMBER OF NEW JOBS 19 ESTIMATED PAYROLL to be determined S. IS THIS SITE PROPERTY ZONED & ARE UTILITIES AVAILABLE? A zoning variance has already been applied for. 6. ESTIMATE OF ANNUAL SALES Company policy does not allow release of this information. 7. POTENTIAL OTHER USES OF FACILITY none anticipated. 8. WILL THERE BE MORE THAN ONE PHASE IN THE CONSTRUCTION OF THIS PROJECT? no 9. EXPLAIN HOW THIS FACILITY WILL NOT COMPETE WITH OTHER LOCAL COMPANIES C. A. Roberts currently.leases the facility in question so their presence is already known to the marketplace. 10. WHAT WILL FINANCING ARRANGEMENTS BE; WILL THE FACILITY BE A LIMITED PARTNERSHIP? The facility will be wholly owned by C. A. Roberts Company. Date: q 13 SY I Signed: � — - , Michael A. Montevideo (Title) : Sr. Financial Analyst 0 Aenda Information Memo August 27, 1981 Page Five FINAL ASSESSMENT HEARINGS B. Final Assessment Hearings -- Final assessment roles for the referenced projects were completed and presented to the Council at the August 4, 1981 City Council meeting with the final assessment hearing being scheduled for September 1, 1981 . All legal notices have been placed in the newspaper and legal notice for the final assessment hearing, along with their final assessment amount, has been forwarded to affected property owners on August 17. Individual summation sheets for each respective project will be made available to the Council for information and review during the final assess ment hearings . ACTION TO BE CONSIDERED ON THE MATTER: To close the final assess- ment hearings and either approve or deny the final assessment roles for certification to Dakota County. Agenda Information Memo August 27, 1981 Page Six DAY CARE CENTERS CONDITIONAL USE PERMITS A. Proposed Amendment to Ordinance #52 to Require a Conditional Use Permit to Operate a Day Care Center -- The City Attorney, City Administrator and City Planner met with two Eagan residents, Elaine Greer and Phoebe Orton on Thursday, August 27, 1981 to discuss the ramifications of adopting language in the zoning ordinance that would require a conditional use permit for day care group facilities. Presently, out of the some eighty licensed day care facilities within our community, approximately 70 are considered f«mily day care with five or under and only twelve are considered group facilities with six to ten children. The discussion at that meeting involved a review of the State of Minnesota welfare regula- tions, Dakota County social service regulations and a copy of the Maple Grove zoning ordinance as it pertains to day care facilities. Mrs. Orton and Mrs. Greer feel very strongly that the ordinance could be written to require a conditional use permit for day care facilities serving eleven or more persons. A conditional use permit would require a public hearing before the Planning Commission and a meeting with the City Council as well as official public notice, an abstractor' s list and an application fee by the applicant. The regulations of the I welfare department and social services de- partment change considerably when a day care center of eleven or greater is considered. This would provide the City with control for a larger facility. They also did not express. objection ection to the requirement of a permit and/or application fee of a reasonable amount for the group facility status of six to ten persons. They suggested that the license could be published in the local newspaper once the permit is secured by the City Council and if there are objections by neighbors of the applicant, those objections would be made directly to the County social services. A standard petition prepared by the City- and taken door _ to door by the applicant applying for a group facility of six to ten would also be an accep- table consideration. The main concern of Mrs. Orton and Mrs. Greet was the expense for the abstractor' s list and the higher cost for an application requiring legal public hearing notices . It is quite clear to the staff that the social services agency of the Dakota County Human Services Board has definite regulations that they must enforce for both family care and group -care centers in our City. The question that is raised by the City staff is to what level of regulatory involvement does the City of Eagan want to engage the City staff in with . the issue of day care facilities. One alternative is to draft an ordinance that requires day care facilities of eleven or greater persons per facility to meet a number of criteria and conditions. This would allow people within the City to operate family care and group facilities through the license and regulatory provisions established by the social services and Department of Welfare. An application for a day care facility �a Agenda Information Memo August 27 , 1981 Page Seven of eleven or greater persons would be a conditional use permit. A second alternative would be to consider making a conditional use permit ' a requirement for any group facility with the same pro- visions adopted as eventuallywritten for alternative one. In essense, family care would be excluded from a conditional use which is five or under. ' A third alternative would be to require no license for a family care and require a group facility to make application to the City, present a petition prepared by the City, signed by all the adjoining neighbors, and pay a fee of approxi- mately $25 to $50 for processing. This would eliminate the condi- tional use permit formal public hearing before the Planning Commis- sion which requires an abstractor' s list and other formalities. The neighborhood would be contacted and certainly would have the right to be heard before the City Council if there were objections and/or support offered for the permit. After reviewing the issue, there are a number of considerations that can be made in reviewing the question of what number of persons cared for in a residential area constitutes a necessity for some regulatory authority by the City. If one of the above alternatives should be selected by the City Council with or without certain revisions, the question should be addressed as to how day care facilities will be regulated in the other zoning classifications. Because a license application for a family and/or group facility requires an evaluation by the Department of Welfare and social services as to the square footage of a dwelling unit and cerain requirements for open space outside the dwelling unit, the City staff feels that there are effective regulations governing certain residential classifications other than the R-1 zoning. Therefore, it might be possible that the same regulations that apply for an R-1 zoning classification will apply to all zoning classifications. Many of the conditions, such as overnight facilities , square footage of the dwelling unit, training and qualifications of the person operating the day care facility, are all covered under county and state regulations. The one issue that the City staff did address was a requirement for fencing the yard areas. It did not seem fair that a home located on a residential street with approximately an acre of ground be required to put up a small fence torestrict the children. On the other hand, a home located on a busy arterial, collector street and/or busy County road may require a fence for safety reasons. This might be a consideration if an alternative is selected above. The City Administrator and City Attorney will discuss this matter in further detail at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny an amend- ment to mendment `to Ordinance #52 providing for clarification and new regulation regarding day care facilities within . all residential zoning clas- sifications. SPECIAL NOTE: Enclosed on page - 1 Z is a letter from the Dakota County Council for Coordinated Child Care that was received the day after the August 4, 1981 City Council meeting for your reference. 11 DAKOTA COUNT' COUNCIL FOR COORDINATED CHILD CARE 145th Street& Akron Road Rosemount,Minnesota 55068 .t L August 3,1981 Ea an City Council cMr. Thomas Hedges, City Administrator 3795 Pilot Knob Road Eagan, MN 55122 Dear Eagan City Council: The Dakota County Child Care Council has been informed of of the Eagan's City Council motion and proposed ordinance to license homes caring for more than six children. We feel that there is a definite need for quality child care in Eagan. We work closely with Social Services and feel that the licensing statutes set up by the state of Minnesota are adequate. For six years the Child Care Council has promoted quality child care in Dakota County. We will continue to provide training for people involved in family day care and center care and work with Social Services so that we can offer the children of ;,akota "ounty quality child care. Sirce-reiy, Dakota County Council for Coordinated Child Care 8 9 co Atl E Z Agenda Information Memo August 27, 1981 Page Eight CABLE TELEVISION- CONSULTANTS B. Selection of Legal & Technical Consultants for Cable Television = The Cable Television Advisory Committee met in a special meeting held on Monday, August 24, 1981, to interview two (2) law firms for the purpose of selecting alegal consultant and three (3) con- sulting firms for the purpose of selecting one firm that could advise the City on technical decisions to be made as the City con- tinues - its exploration and decision making process to construct a cable television for ;the City. The recommendation of the Cable Television Advisory Committee is to select Mr. Thomas Creighton who represents the law firm of Dunkley& Bennett. The recommenda- tion for a technical consultant was to hire a professional consul- ting group titled "Management and Research Consultants, Inc." with Mr. Richard Anthony the program director. All the background material provided to the Cable Television Advisory Committee about these two firms was also distributed to the City Council. Both recommendations made to the City Council by the Cable Television Advisory Committee were subject to providing background and answers to various questions raised at thespecialmeeting. The City Ad- ministrator has addressed the questions that were raised both for the legal and technical with the respective candidates. The City Administrator and City Attorney have scheduled a meeting with Tom Creighton to further discuss details regarding consideration by the City Council to select him as legal consultant and a memo will be forthcoming regarding that meeting with the adminitrative packet on Monday. The City Administrator has requested information re- garding the computer program, conceptual model and additional infor- mation that was provided , by, Mr. Anthony and that information will be available for distribution as well on Monday. Mr. Anthony will be present at the City Council meeting which was the request of members of the City Council present at the special Cable TV Advisory Committee meeting. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the recommendation of the Cable Television Advisory Committee to hire Tom Creighton as legal counsel for the cable television project and to approve or deny the recommendation of the Cable TV Advisory Committee to hire the consulting firm, Management and Research Consultants to provide technical consultation for the cable tv program. Special Note: The above action is required as two (2) separate motions. 13 Agenda Information Memo August 27, 1981 Page Nine PROJECT 345 C. Project #345 (Wilderness Run Road) -- On July 21, a feasibility report was presented to the City Council for review with the public hearing held on August 18. At the public hearing, the Council had several questions regarding possible feasible alternates in lieu of those discussed in the feasibility report. The Public Works Department has been working on acceptable alternatives which will made available for the Council as a part of the Administrative Agenda packet. The alternates, being proposed consist of a roadway being constructed in a "stage" construction similar to Dodd Road with future widening, curb and gutter and surfacing to be provided at some future date as development, traffic or maintenance dictates and dependent upon the availability of funds from the City' s major road fund and/or MSAS financing. It is being recommended that the full residential equivalent assessment be levied at this time to avoid having to assess the individual residential lots in the Canterbury and Wedgewood Additions for future curb and gutter in- stallation. Discussions of this proposal have been discussed with the affected property owners with their concurrence. The exact impact on the major road fund balance will be available with the addendum to this report which will be forwarded to the Council. ACTION TO BE CONSIDERED R ON THE MATTER:. To close the public hearing and approve or deny Project 345 (Wilderness Run Road) Agenda Information Memo August 27, 1981 Page Ten DAY-CARE-CENTER---ANNIE-MCLAUGHLIN A. Annie McLaughlin for a Conditional Use Permit for a Day Care Center -- A public hearing was originally scheduled for the Advisory Planning Commission at the June 23, 1981 meeting to consider a conditional use permit for the purpose of establishing a day care facility in a residential district for Annie McLaughlin. Due to the fact that the City Council was in the process of revising condi- tional use permit requirements for day care center operations, this Planning Commission item was continued until the August 25, 1981 meeting. Since the City Council was planning to consider the ordinance at the September 1 meeting, the Planning Commission did take action on the application at their last regular meeting. The Advisory Planning Commission is recommending approval of the application to the. City Council. For additional information on the matter, please refer to the Planning Intern' s report, a copy of which is enclosed on pages through - W . For additional information on this matter, please refer to tEie manning Commission minutes, a copy of which is enclosed on pager . ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the recommendation of the Advisory Planning Commission to approve a conditional use permit for a day care center for Annie McLaughlin. r 1S TO: ADVISORY PLANNING COMMISSION FROM: KURT ULRICH, PLANNING/ADMINISTRATIVE ASSISTANT DATE: AUGUST 20, 1981 RE: ANNIE MCLAUGHLIN CONDITIONAL USE PERMIT APPLICATION FOR A DAY CARE CENTER LOCATED AT 3710 BLACKHAWK ROAD MS. MCLAUGHLIN HAS HAD HER APPLICATION FOR A CONDITIONAL USE PERMIT SUB- MITTED TO THE CM SINCE MAY OF 1981. DURING THE PERIOD SINCE MAY, THE CITY HAS BEEN IN THE PROCESS OF REVISING ITS CONDITIONAL USE PERMIT REQUIREMENTS FOR DAY CARE CENTER OPERATION. THE CITY IS CURRENTLY IN THE PROCESS OF RE- VISING THE ORDINANCE, AND THE CITY COUNCIL WILL CONSIDER THE REVISED ORDI- NANCE ON SEPTEMBER 1, 1981. THE REVISED ORDINANCE WHICH 1S UNDER CONSIDERA- TION WILL SUBSTANTIALLY RELAX THE REQUIREMENTS FOR DAY CARE FACILITIES IN THE CITY BY INCREASING THE MAXIMUM NUMBER OF CHILDREN ALLOWED WITHOUT A CITY CONDITIONAL USE PERMIT FROM THREE TO SIX. IN THIS SITUATION, THE CURRENT APPLICATION SUBMITTED BY MS. MCLAUGHLIN RE- ' QUESTS A DAY CARE FACILITY LICENSED TO HANDLE UP TO FIVE CHILDREN. EVEN THOUGH THIS CARE OF UP TO FIVE CHILDREN WOULD NOT REQUIRE A LICENSE UNDER THE NEW ORDINANCE, UNDER THE EXISTING ORDINANCE A CONDITIONAL USE PERMIT IS REQUIRED, AND THE APPLICANT SHOULD BE ALLOWED TO PURSUE THE APPLICATION UNDER EXISTING CODES SO THAT SHE CAN PROCEED WITH THE OPERATION OF THE FACILITY IF APPROVED. PLEASE REFER TO THE ATTACHED REPORT DATED JUNE 18, 1981 WHICH OUTLINES THE PROPOSAL AND ADDRESSES STAFF CONCERNS. KGU/JAC �6 i a N I f CITY OF EAGAN i SUBJECT: CCNDITICNAL USE PM T — DAY CARE CHER { APPLICANT: ANNIE MCIAUGFJ,IV LOCATION: 3710 BIPCKf XvK RCAD EXISTING ZONING: R-1 (RESIDEWIAL SLNOZ DISTRICT) s 4 DATE OF PUBLIC HEARING: JUIN 23, 1981 DATE OF REPORT: JLM 18, 1981 REPORTED BY: KURTIS G. ULRICH, PU-NNLNG ASSISTANT APPLICATICN SLBNLIT= An application has been suhrritted for a conditional use permit for the purpose of establishing a day care facility in a residential district as provided for under an amendment to the zoning ordinance. CCf•Y•�S 1. The an has indicated that she wishes to establish a day,. care center which would provide care for "up to five children" as permitted and regulated. by Dakota County. Ms. McLaughlin also indicated that she would probably care for infants only. If this were the case, Dakota County day care regulations lint the nurber of infants per home to four. 2. Staff has reviewed the property in gtesticn,&nd the double-width driveway on the property is adequate for the drop-off and pick-up areas necessary for this size day care operation. Also, the prcpe— y has a large lawn area, but the area is not fenced. 3. Ms. McLaughlin further indicated that she would not post or display any advertising or signs on the property pertaining to the day care center. 4. The property is located on Blackhawk Road (a cam. uuty collector) , and traffic would be a safety concern. 5. The property is located in an area of single faru.ly hares with townhcmes and twin homes across Blackhawk Road. All prcoerty owners within 350 feet of the property have been noticed as required by ordinance. CITY OF EAGAN ANNIE bKLAUCIU-M JUNE 23, 1981 PAGE TWO If approved, the conditional use permit should be subject to the following conditions: 1. The permit should limit the nurber of children under care to five, limi- ted to four total if two or more are infants. 2. The applicant shall ccrPly with all other CitY, County, and State regu- lations regarding the licensing and operation of day care facilities. 3. The perrdt shall be issued for a period of one year, renewable each year, and revocable at any time if the conditiors of the permit are not ca' plied with. DCR/j ac • CE AP Ll .wOUST IAL . PARK A N R-1 �DGEvtEW a proTA VK t - D __ ipcREs- 4 LOUT N - ' -4 JON R-4 A R-3 CST 9La'CKoA ti ACRES , Ll r C;m - I HILLS LS B R - 4 R• R _1 X : ME'' 0 CENTS �� = ti R -2 qy, Lei R -2 e ,. t itG`►c n j Ll PK ,�_Fl, C P F 1 I•L ,, ,, A R-4 L E.,! A ! / R Hti _ AN:' E j , R -4 PD R -4 A 79-6R B _ R PF N9 c S - i — .� t , PF 19 A , //Dj RB ..,... . . hd - _ GCY.F aI — Ind. RLI Ind LB w •a JL J Ind. , • • .. K i req ,_3. _ - , T �. 9 - RN Ind R-1 P a J Ind NGHR-1 LISR-i! RaiCSCR-II - p Lam !=� R-1 R•I11• LOG�1foR_I :'•R4 E R • R-11 R-q R-1V R•II P - C r f R-11 R.� R-1 R-N Ind F�1^ HS CSC p __ R-11 R_1 R-II E _ P R-1 P_ a _ _ _ RI A- K_il R-II • P M LB E R-III ti- LS RPI 4❑ - :S M fi" R_I R {II -t - ( p-k CSC/Gol_. A-t R-111 - - -R-I .. P R_11 Rat CS P = .+ t, R-11 R .1 R.1 p12- , LB LB R-I P ' R-1 .— a" D R-I R4 ° P F N • R-I R-II OP - R-11 __z R-11 w P � � R R-11 ,.,•. ;o •..i. v i �/, .. ( _ i C. FCSE� XWWM '— LZYGARE CENnR Chairman Harrison convened the public hearing regarding the applica- tion of Annie McLaughlin for conditional use permit for day care center lo- cated at 3710 Blackhawk Road. Mrs. McLaughlin was present and explained that she would install a fence if she had any children over the age of one year. There was a question about the City Council's he Couposition ncil w 1 again reconay care - siderterminology being used. Iwas the day care facility conditional use permit at its next regular meet- ing. Gits moved, Krob seconded the motion to recommend approval of the appli- cation for day care facility/center subject to the following conditions: 1. The permit should limit the number of children under care to five, limited to four total if two or more are infants. 2. The applicant shall comply with all other City, County, and State regulations regarding the licensing and operation of day care facilities. 3. The permit shall be issued for a period of one year, renewable each year, and revocable at any time if the conditions of the permit are not complied with. 4. A fence shall be constructed in the applicant's yard in the event that the applicant has children over one year of age. Krob seconded the motion. All members voted in favor. 2� Agenda Information Memo August 27 , 1981 Page Eleven WAIVER OF- PLAT - JOE MILLER CONSTRUCTION B. Joseph M. Miller Construction Company for a Waiver of Plat in Order to Shift the Center Lot Line on Lot 6, Block 1, Ches Mar East Third Addition -- A public hearing was first considered by the. Advisory Planning Commission at the July 28, 1981 meeting. The application was continued until the August 25, 1981 meeting to consider a waiver of plat to shift the center lot line between Lots 5 and 6, Block 1, one foot to the southeast in order to locate a lot line center to match the common wall of the duplex or twin home which is under construction by Joseph M. Miller Construction Inc. The Advisory Planning -Commission is recommending approval of the application to the City Council. For additional information on the matter, please refer to the City Planner' s report, a copy of which is enclosed on pages through 2 7 for your reference. For action that was taken by the Advisory Planning Commission, refer to page ^. j ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the recommendation of the Advisory Planning Commission to approve the waiver of plat presented by Joseph M. Miller Construction Company. 2Z CITY OF EAGAN SUBJECT: WAIVER OF PIAT APPLICANT: JOSEPH M. MII11M CONS=CTION COMPANY INC. LOCATION: LOTS 5 & 6, BIXK 1, CHES MAR EAST 31M ADDITION EXISTING ZONING: PD (PUUZM DEVELCP'Efr DISTRICT) DATE OF PUBLIC HEARING: JULY 28, 1981 DATE OF REPORT: JULY 22, 1981 REPORTED BY: DALE C. R NKLE, CITY PIANNER APPLICATION SUBMI= An application has been submitted requesting a waiver of plat in order to shift the center lot line between Lots 5 & 6, Block 1, one foot to the south- east in order to get the lot line centered to match the common wall of the duplex, or twin home, which is under construction. ZONING AND LAND USE Presently, the property is zoned PD (Planned Development District) and has been designated through the platting of Ches :'lar East as duplex, or twin hares, within this particular area. ' CDM=S When the plat was originally recorded by the developer, the developer platted the center lot lines for all the duplex, or twin hone, lots. There have been a number of instances where constructicn,'or plans for construction, would not meet this center line requirement, and therefore a waiver of plat has been obtained in order to get the center lot line for the duplex, or twin home units, to match the center wall of the unit to be constructed. Mr. Miller has started construction of a twin home, or duplex, and has found through the course of building that the sur�L-yor was in error, and that the center line of the duplex unit is l' southeast of the existing center line of the original plat. Therefore, the applicant must obtain a waiver in order to re-designate that lot line. Lot 6 would then have 51' of frontage, and Lot 5 would have 49' of frontage on a public street. With the shift of this lot line, the units still are under the 20% lot coverage requirement. In shifting this lot line, all other applicable ordinances would be met for this twin home, or duplex. DCR/j ac o�3 OWMIficase Or; � Plan 90041 Joe Miller Construction BK 42�9to 13015 CedarAve. So55124 Apple Valley, DELMAR H. SCHWANZ L/1NOSURVEVOA Rq.eter"UnOV la.H of The State of Minnesota 2976- 146TH 6TRIET W.-SOX M Ro"MONNT. NNESOTA 66066 PHONE 612 4MI M SURVEYOR'S CERTIF TE Drainage b utility easement rON, �e Ira lInch - 30 root �-- 4 \ / �q• /� 9ss" Denotes existing dievation Denotes proposed finished 00 grade p Denotes set Mood hub & tack X 914c proposed garage floor elevation ZS•� • IZ4.'7a j Tor "as I he by certi that this true and correct EAST THIRD ITIONp aoo�ording for Lots and 6, Block 1, , Minnesota. the r corded plat thereof Dakota CoUnty, 1 Also showing the location of a proposed house as staked thereon. Dated: April 28, 1981 E MINNESOTA REGISTRATION NO.�i26 Description For: Joe Miller Construction . 13015 Cedar Avenue South 42/96 Apple Valley, MN 55124 DELMAR H. SCHWANZ LAND SUR V E`/01t i g091sbrb Under lbws of The Stag of Minnnoq 2878— 116TH STREET W.— BOX M RO"EMOUNT,MINNESOTA 5508" PHONE 812 423-1769 SURVEYOR'S CERTIFICATE r� b 00 o � i� \O 'Do 4V 0. 00 � � le µ rA �jovT* xL`( We :� We 904TNEELIf lop 1.00 a-L&� 04 Lo-r 5 Proposed Descriptions : Parcel A : Lot 6 together with the northerly 1.0 -feet of Lot 59 all in Block 19 CHES MAA EAST THIRD ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Parcel B; Lot 5, except the northerly 1.0 footthereof, Block c 1, CHES MAR EAST THIRD ADDITION, according to ded plat thereof, Dakota County, Xnnesota. as June 26, 1981 , /1 CCNVERCIAL r Rat-, � and •_ LB Ind. GB iZ RLI RWfir.. ^M - In i .pe.+a'•t �'T RBOC R•N R-M .-- 3 •©�.�.:F• A � Ind. I R A R rb R-111 _ r ` Ind. fN6 LB R4 _ nd. R-II P R-II '' �. 1 . CSC p .[.-�• RSR - LBRAI a' A! P LB ,r:� 1 R-11 p Ind. > R - - _ - R4 . 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P PARKVIEW ;::' ��' x- a i•'1 •ti .�� . r,,V, .J.l 1">�� ��; -' GOLF `� l �� �;J' {i.S�;,tiJ.�J 1j� .} •.l_ .J1 s �J Jjt S�1JJ.jJ f'1JJ COURSE ;;3�`'t �,� �'� ,. ,�,,�, , �a_y• ,J; � ���:f'�4;� '•1,�;�: , �;;•y, 1_: +•• .l i, ;�.%�� ,,,• ••�.l):i�.J i)7 ,♦J L y,l ;��'.•`)f j..J•, l�•4.!Via) ) '�. :J� 7t1! ,.v J J f.). J-.•Ti �,t r`�F ✓ � •,.(!)mss !- t•+V J.•.. \'>(J j. 'J',�J .J � ..I ' /. J.7♦ sL♦? ,) }iJ. ';,r; ?,�3 � : ) �)•,�.�t" •Y.}. S1J•`}: ,.)..JJJ. ,�}•��s '.a., • ,•% ,W/.J•���.i);) 1Jj.,�' tl'.i�},l};'�♦,�r•a J �ll.�,l�. ,�.,:J �.�.,^^A);� ��•I_ ) ?.��`I '_�� ,t � �f� :.>��.,� '�}-�.L•! Y.�/t' r- rl)..li �t••��...t )�• .f ..!- .f., "ns }J•� _; ;•�.�.;,� z.J'� .J f Sj;}'�,r�,.1`i��)�.�J � L'J? tiny,.�ti'' %� l •'r'J�?- �J�jJ ♦ �', f :'.!.! : E • J ) �) i-. t f. t;•J♦ ;'J)a:}�S 3Y,} .�13 PK )NlDT INCt-'ICEG R- ,'^} !`fl �'� t�)�'� (:tt .1,;,�y jl �jY:J �(1, Q IN PARK) ,> r l'j 1 ' ,.` t ( .,.' f ). , ,._ y,lv • l�y.y f; .j. 1 )3� J• l�< _ .3 ) J, ) < t I.l�v.-� � J J 1 %• .� }� •�, Yt� -✓ - 1J-•, '.ij-J<fy�- yi.�. 4 Ss",1a—r �jw " ' •': •, s��{�+ 'i J ti � '� t J:J,/.r r J � '.� �, l �} s 1v )J t�; Sy j.r!' ,'f A� •"~f •��f C !/ 1 •�. .i�1,�,...'�.ii-� �l�•ij J:. ` .rf'��J'�p.�� jj '- �•.}.1`'t+y �f�'�3�`.J `�+-� `l" �`a'`J .. .3}�� J ' `2y=J�, � •� \j:✓ �.•��' t l 't) t'j -s. 7�',4 r `J�"1•),, ;L�iV/-�� i+Jt,-'_'�,i l�r�•� `i•lfl..3 ;�����t.`r •.i.�l J.}.i:••i`� • ' ' X SES 1 14. 1rIILIm cmum.`i'ICN — CSS MR ELST TKM AMITICH NUM The public hearing regarding the application of Joseph A. Miller Construction Company, Inc., for waiver of plat for Lots 5 and 6, Block 1, Ches Mar East 3rd Addition, to shift the center line between the two lots one foot to the southeast was next convened. It was noted that the shift of the lot line was in order to match the common wall of the duplex, or twin home, which is under- construction. Mr. Miller- was present and member Bohne questioned whether the berm had been removed between the Second and Third additions and also had questions about debris in the general area caused by construction by Miller Construction Company. Mr. Miller stated that the berm will be re- stored. There were no objections to the application. Rrob moved, Wilkins seconded the motion to recommend approval of the application subject to the following: 1. That the berm between the 2nd and 3rd Addition be restored to the maximum extent possible. 2. That all applicable ordinance requirements'be met. All voted yes. 2$ Agenda Information Memo August 27 , 1981 Page Twelve AMENDMENT TO ORDINANCE #42 C. Proposed Amendment to Ordinance #42 (Liquor License) for Exten- sion of Sunday Hours -- According to Ordinance #42, "on-sale" Sunday sale hours shall be between the hours of 12:00 noon to 12:00 mid- night. Legislation was enacted in this previous legislative session that would allow on-sale Sunday sale hours to begin at 10:00 a.m. The Lost Spur Country Club is requesting that consideration be given to amend the ordinance to allow for the earlier on-sale liquor sales. Apparently, many restaurants serving Sunday brunches in the Minneapolis . area are changing hours from noon to 10:00 a.m. to accommodate people attending the Minnesota Viking football games which begin at noon on Sundays ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny an amend- ment to Ordinance #42 for the extension of Sunday hours in the liquor ordinance. FINAL PLAT - BICENTENNIAL 7TH ADDITION D. Final Plat Consideration for Bicentennial Seventh Addition The City staff has reviewed the final plat for Bicentennial 7th Addition. The plat appears to be in order and meets the same cri- teria that was approved for the preliminary plat. The planned development agreement has been sent to the applicant with bond calculations. The City staff is anticipating that the development agreement will be returned prior 'to September 1, 1981 . Enclosed on page 93 Q is a copy of the final plat for Bicentennial 7th Addition. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the final plat for Bicentennial 7th Addition. 2°t fimi is '�-►c =-• i`t-fi1i '�' i"yya ( s g• 3i Y j f, � }fie � � >;''!i= 7- ! !i!- � ( •" � € p�! t l � �g _�►-- I 3 !! iEt S sagd i. ft'i3a- }}_ �3 - I i T� fij :s r. to I �� � �5�3= � �oal3ji��; a=.f = � i . _ E{ t ;t E��� i� r � ! �, ��• ;� �° � �3 = �°P�b` = lasbs:���• =iy a �a t a a �= � � }Y3;s '� � t � i I�� t _! ' � �._ � 1 � fY3 .Z•� .ti taij � j- l Y � ajs .fi �$ >t 'I � a - 8 s Y seiii� ! E -'Pe;E3 FsE d I � ': j E ,= is zs p ! sisal_ ! i...sIli _ .b_ 'i_j s: i (• _fi i p-�E�� i p!`-siF=s-'r i4? ri, � '! = F Ib ili: Fi = I � � ► aFg�e•i }Sa}iPf� raj • ; {; f +� __i s ! ' Ey. _ r a it}Ei a r!s!'!=3pf }!i : II lts €al -f a•. ! S� i;f_F? ;=_ ::e! = E a> - a Y �s -z m 4, l a. i 4 s (QypSj..BI)NA J 1011d) I£ -ON 'HYTO =9:— 'e \ ■—•��` Y�M Qftoft k$ ' n 3 9waft EGn: 12, A a� COP S9 m �� s�� . iyy YO �•�� IEf �O<p V ^ - \Yq ;l !' .-sem'• -- UO...zor waft crii ♦ 4 1 .. b „y c.+'�tid +� w rod N $ s �4 - -\ -_----- os :_:.?C$ V!N'd3y*is r• SSA I ^S 3d Agenda Information Memo August 27, 1981 Page Thirteen SUPERAMERICA- --EXTENSION- OF-PRELIMINARY- PLAT &- CONDITIONAL USE E. SuperAmerica for Extension of Preliminary Plat and Conditional Use Permit -- Mr. E. Lewis Schuette, representing SuperAmerica is requesting an extension of the preliminary plat and conditional use permit for the proposed SuperAmerica station located in the southwest corner of ' Yankee Doodle Road and Pilot Knob Road. The City Planner received a letter from Mr. Schuette requesting this extension to action that was originally approved in 1978. A copy of that letter is enclosed on page - -3 Z . To provide some back- ground information on the SuperAmerica station, copies of the Plan- ning Commission action and City. Council action of 1978 are enclosed on pages V3- - through *2-d- for your review. For a copy of the City Planner's report, pease refer to pages S - through 7 Action to allow the extension for the pre iminary plat and—conditional use permit would allow SuperAmerica to proceed with a building permit and development of their property assuming filing and approval of the final plat. If the extension is not granted due to the three year inactivity of SuperAmerica, it would be required that they go through a new public hearing for preli- minary plat and conditional use permits for consideration of the SuperAmerica station. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the preliminary plat and conditional use permit request for extension presented by SuperAmerica. 31 _ • E. LOUIS SCHUETTE 1 P. O. BOX 541 COLUMBUS, INDIANA 47201 812-372-1126 July 31, 1981 Mr. Dale Runkle , City Planner City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 RE: Conditional Use Approval 6/6/78 Super America #4182 S/W Corner Yankee Doodle and Pilot Knob Roads Dear Mr. Runkle , Vr,�, R� _ Confirming our phoneconversation of this morning I am requesting an extention of our onditional Use Permit that was approved by the Eagan City Council at its June 6, 1978 meeting and the approval of the preliminary plat. It is regretable that this was allowed to expire but there were some title defects that needed to be cleared up and it has taken the better part of two years to do this. Please notify me as to what action .is to be taken. Sincerely, E . Lou' Schuette, o Super America A Division of Ashland Oil Z Z>LQ �O Gt %AArAtSsc� N` Page S t SUPERAISRICA PRELIM NAM, PLAT A:0 CONDITIONAL USE PERMIT. The public hearing relating to the application of Supetamerica for preliminary plat approval and conditional use permit for service station and convenience center at the southwest corner of Yankee Doodle Road and Pilot Knob Road was next convened by the Chairman. Mr. John Hoganson and Mr. Richard Townsend appeared for the applicants. There would be thirty-four parking spaces on the parcel and Mr. Hoganson stated that the Dakota County Highway Department did not have an objection to a right turn in and aright turn out lane from Yankee Doodle Road to the parcel. It was noted that the City of Eagan has for several years recommendedgranting access to Washington Drive only for safety reasons. Planning Commission members were concerned about the private access to the shopping center through the Superamerica station if access to Yankee Doodle were granted, similar to the problems of the Texaco station on Cedar and Highway #13. Further there appeared to be insufficient setback for the access from Pilot Knob Road, as the access was extremely close to 35E. Mr. Townsend indicated that the access to Yankee Doodle Road is critical to the proposal and further he stated that there sill be no outside storage on the premises. Sperling moved and Harrisoa seconded the motion to recommend denial of both application for reasons including those stated above, that the proposed access to Yankee Doodle Road was not conducive to safety, because the City has been planning for access only through :►Jashington Drive, that the City has had a similar experience with the Texaco station creating congestion and that the access is too close to tae intersection of Pilot Knob Road. All members voted in favor except Dembroski who abstained BURTE" HOOVESTAL CCNDITIONAL USE PEP..`'ZT. Chairman Harrison convened the public hearing regarding the application of Burten Hoovestal for conditional use permit for truck service and open storage in Lots 1, 2, and 3. Block 2, 33 Page 10 June 6, 1978 The subdivision would then include 84 garages with 16 open parking spaces. The A.P.C. recommended rezoning from B-4 to R-3 and preliminary plat approval of phase 1. Smith moved and Egan seconded the motion, all members voting yes to accept the recommendations of the A.P.C. for rezoning with the understanding, however, that the Staff will determine the ownership of the right of way for Denmark Avenue required to be improved prior before the installation of Improvements in the subdivision. .Wachter then moved and Egan seconded the motion to approve preliminary plat for phase l of the project subject, however, to the aquisition of the necessary easement right of way for Denmark Avenue. SUPERA.`-TRICA STATION. Mr. John Hoganson and another representative of SuperAmerica appeared on behalf of its application for preliminary plat approval and conditional use permit for a service station and convenience center at the Southwest corner of Yankee Doodle Road and Pilot Knob Road. The A.P.C. recommended denial. It was noted that the Dakota County Staff has indicated access to Yankee Doodle would beermitted for right turns only. The P 8 y Council reviewed the application and the recommendation of the Planning Commission. It was noted that residents in the general area strongly favored the application, and that the site plan appeared to be well laid out and appears to meet the Ordinance requirements. Parranto moved and Murphy seconded the motion, all members voted yea to grant approval of the conditional use permit to include retail sales of convenience items. Parranto moved and Murphy seconded the motion to approve the preliminary plat for the SuperAmerica location. All members voted in favor. BURTON HOOVESTAL CONDITIONAL USE PERMIT. Mr. Con Stordahl and Mr. Hoovestal appeared regarding the application of Mr. Burton Hoovesta . for conditional use permit for truck service and open storage on Lots 1, 2, and 3. Block 2, Eagandale Industrial Park Fourth Addition. The Council reviewed 34 • CITY OF EAGAN a _ . .'., -� ,.:� �.•.;_,.,. .,.�;.-., SUBJECT: Conditional Use Permit and Preliminary Plat PETITIONER: Super America M LOCATION: SW Quadrant of Pilot Knob Rd b DATE OF HEARING: May 23, 1978 1 Yankee Doodle Rd. EXISTING ZONING: ' DATE OF PLANNING REPORT: May 189 1978 General Business (5-3) PREPARED BY: John S. Voss - j 7ETITION + The petitions are for - j a conditional use permit in order to operate a service station at the southwest corner of Pilot Knob Road and Yankee Doodle Road, and a preliminary plat in order to plat this parcel into a single lot, i PLANNER IS C YAMENTS I . Retail Sales The zoning ordnance (52.07, Subdivision IOC) permits motor fuel sales by conditional use permit in :eneral Business - B-3 - districts, however, retail sales of convenience goods such as groceries, are not permitted. The petitioner intends to ask the City Council to expand the uses permitted in B-3 districts to Include retail sales of con- venience items when the conditional use petition is acted upon by the Council . (See attached memorandum.) 2. Driveway Access to Pilot Knob Road and Yankee Doodle Road The proposed site plan shows driveway accesses to both Yankee Doodle Road and Pilot Knob Road. It has been assumed by the City that this lot would onlu be served by access from 81st Street as platted in the Bicentennial Addition to the west. Jurisdiction over granting these accesses would lie with Dakota County and the Minnesota Department of Transportation, related to future 1-35E construction• A preliminary indication is that the Minnesota Department of Transportation would not permit (by purchase of access) direct access to Pilot Knob Road, however, Dakota County may approve a right turn, in and out access along Yankee Doodle Road. In any instance, the petitioner should revise the site plan in order to orient driveways to 81st Street. i 3S l .:T r i i I neral Business (B-3) Zoning Inconsistent This property was zoned commercial several years ago and designated B-3 when the Zoning Ordinance No. 52 was adopted. Since then, the Yankee Square Shopping Center has developed under Neighborhood Business (NB) and Roadside Business (RB) requirements. This single lot, zoned B-3, is now inconsistent with zoning in the area and that is why service bays would not be required as they were on the site to the west. > , t: Consideration should be given to rezoning this lot to Roadside Business (RB) consistent r with the adjacent property to the west. Also, allowing no access from this property, except to 81st Street, would appear to make traffic functions at the Pilot Knob Road/ Yankee Doodle Road intersection much safer and efficient. 4. Site Design The site plan is generally well-designed except for the accesses. Also, a detailed a landscape plan, needs to be submitted. I 5. Preliminary Plat i The prel iminary plat is a simple one lot plat. Again, accesses are a concern and dedi- cation of ric-.7-of-way along County Roads should be as required by Dakota County. r � ' 1 - i r . i . 36 • t io. " • n SAL I 47 I .p - sib 0.6 \` •i. 37 Agenda Information. Memo August 27 , 1981 Page Fourteen Due to the number of special assessment hearings, Mayor Blomquist has advised that Additional Items will be considered if time permits within the meeting. Persons and applicants have been advised that their items were placed on the agenda with this understanding and that there is a possibility that they could be continued until the September 15, 1981 meeting. CONTRACT 81-5 A. Receive Bids/Award Contract, Contract 81-5 (Cinnamon Ridge ist Addition et al Utilities) -- Contract 81-5 combined the fol- lowing three projects into one contract for bidding purposes: Project 335A - Twin View Manor 2nd Addition Project 337A - Univac Semi Conductor Facility Project 339A - Brown' s Pond Outlet (Deleted) Project 346A - Cinnamon Ridge First Addition The bid opening was held at 10:30 a.m. on Thursday, August 27, with the low bid for Contract 81-5 being submitted by Barbarossa & Sons, Inc. As can be seen by the bid tabulation sheet enclosed on page .-B!J , the bids received were substantially below the engineer' s estimate and those costs discussed in the feasibility report for the respective projects. ACTION TO BE CONSIDERED ON THE MATTER: To receive the bids and award or not award Contract 81-5 to the low bidder, Barbarossa & Sons, Inca in the amount of $336,692. 38 OUR FILE NO. 49238 TWT.NVIEW t•tANca 2`:D A2DN. ETC. PROJECTS 335A, 337A, 339A & 346A CITY CONTRACT 81-5 UTILITY, GRADING & GRAVEL BASE IMFROVEMENTS EAGAN, MIN,ESC?A BID TIAT: 10:30 A.M. C.D.S.T. BID DATE: Thu rsday, ug. 27 A , 1981 TOTAL BASE BID ALTE'ZyATE #3 C ONTRACTO:tS 336,692.00 158,555.00 1. Barbarossa & Sons, Inc. 141,449.00 346,808.05 2. Richard Knutson, Inc. 353,321.25 147,428.75 3. Mueller Pipeliners, Inc. 151,834.00 4. Tan MontgarerY Construction 358,241.50 373,994.00 151,715.00 5. Fredrickson Excavating Co. 166,570.00 6. Erwin Montganery Construction 377,529.00 380 885.37 153,149.80 7. Orfei & Scars, Inc. 163,530.00 . 8. Nodland Associates, Inc. 381,614.00 383,422.00 154,825.00 9. Austin P. Keller Construction 146,455.00 10. Northdale Construction 383,938.50 392,568.15 178,696.50 11. Parrott Construction Co. NO BID 12. Ian-etti & Sons NO BID NO BID NO BID 13. Encon Utilities, Inc. NO BID 14. North Central Underground, Inc. NO BID No BID NO BID 15. Hennen Construction 16. Crossings, Inc. NO BID -------------- ENG?.NEER'S ESTI11ATE---------------- 9406,300 335A 337A 346A Twin View 2nd Univac Cinnartnon Ridge Feasibility R,ePort (F.R.) 18,536.00 169,400.00 251,952.00 Engineers Estimate 17,925.00 166,645.00 221.980.00 Low Bid 15,704.00 134,138.00 182,535.00 $ Over (+) or Under (-) F.R. 3� -15.3% -20.8% -27.5$ Agenda Information Memo August 27, 1981 Page Fifteen CONTRACT 81-10 B. Contract 81-10, Receive Bids/Award Contract (Coachman Land 1st Addition et al Streets) -- Three separate projects were combined under Contract 81-10 for bidding purposes, as follows : Project 323B - Coachman Land Company First Addition Project 324B - Safari at Eagan Project 336B. - Tomark First Addition As can be seen by the bid tabulation enclosed on page , the low bid was submitted by Pine Bend Paving Company in tie amount of $136,452.90. These bids were substantially lower than the engi- neer' s estimate and also those costs used in the preparation of the feasibility report. ACTION TO BE CONSIDERED ON THE MATTER: 'To receive the bids and award or not award Contract 81-10 to Pine Bend Paving Company in the amount of $136,452.90. 40 OUR FILE NO. 49239 COACHMAN LAND COMPANY 1ST ADDN. ETC. PROJECTS 323B, 324B 6 336B STREET IMPROVEIs�TS EAGAN$ ML%*NESOTA 81-10 BID TIME: 10:30 A.M. C.D.S.T. BID DATE: Thursday, Aug. 27, 198 CONTRACTORS TOTAL BASE BID 136,452.90 1.1. Pine Bend Paving 4 136, 2. McNamara Vivant Contracting 136,795.00 3. B-,TU_Mix Constnyction Co 141,995.00 4. Valley Paving Inca ± 142,025.20 5. Hardrives, Inc. 145,280.90 6. Alexander Construction Co. 145,603.50 7. Black Top Service 156,848.60 8. BitLaninous Roadways NO BID ENGINEER'S ESTIMATE-------------------- $150,800 3238 324B 336B Coadrm Land 1st Safari @ Eagan irk Add. Feasibility Report (F.R.) 74,430.00 •69,990.00 23,910.00 Engineer's Estimate 56,130.00 73,650.00 21,080.00 Low Bid 50,886.70 66,442.70 19,123.50 $ Over W or Under (-) F.R. -31.6% -5.1% -20.0% Agenda Information Memo August 27, 1981 Page Sixteen ORDINANCE CODIFICATION C. Ordinance Codification -- As a part of the August 18, 1981 regular City Council packet, there was an explanation given to the proposed municipal ordinance codification on page 119. The City Administrator was asked to provide a financial projection for 1981 to determine whether there is funding this year in the general fund to afford the municipal codification. The Director of Finance is preparing the projection; a copy will be enclosed in the administrative packet as additional information on Monday. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny a pro- posal by Municipal Ordinance Codifiers, Inc. , to codify all City ordinances QUIT CLAIM DEED - LEO MURPHY D. Quit Claim Deed for Leo Murphy -- Members of the City Council received a letter from Leo Murphy requesting that the City deed a very small parcel of land to him. This piece sits in the extreme corner of the 40 acre parcel which he owns. For additional-informa- tion on the matter, please refer to the memo and drawing enclosed on page . ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the request of Leo Murphy for the City to quit claim deed property located in parcel D to Leo Murphy. 41 PAIIL H. IPIAUGE & AssociATES. P.A. ATTORNEYS AT LAW 9808 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 05122 PAUL H. HAUGE AREA COO[ 812 BRADLEY SMITH TELEPHONE 404.4224 KEVIN W. EIDE DAVID G. KELLER August 21, 1981 RICHARD J. KRAMBEER LO T Z Mr. Thomas L. Hedges kip.; City Administrator O 3795 Pilot Knob Road 5,�,11- uw y Eagan, MN 55122 Re: Request for Land/Leo Murphy Dear Tom: We have received a request from Leo Murphy that the City deed a very small parcel of land to him. The piece sits in the extreme corner of the 40-acre parcel that he owns. The history of the parcel goes something like this, and please note the attached drawing: Parcel A was at one time owned by William Sell who acquired Parcel C which sits diagonally to his property to the north- east. In order to have access to this parcel he also acquired a small portion of Parcel D, now owned by Leo Murphy. This small corner extending a rod in from the most northwesterly corner of that quarter quarter was one rod in width for roadway purposes. Later, the City acquired what is marked as Parcel C for park purposes. In the acquisition it also acquired this small corner parcel as part of the description since it was owned by the parties owning Parcel C. Mr. Murphy is apparently indicating that there is no need for the City to retain ownership of this small piece of property and that it could just as well be deeded to him so that it would become a taxable piece of property. We do not know if there is any reason that the City would want to give this small parcel away or even sell it, therefore, we are making no further comment at this point. Sincerely, �7 David G. Keller skk 43 Agenda Information Memo August 27, 1981 Page Seventeen STOP SIGN PETITION - DENMARK AVENUE AT DENMARK CT. E. Stop Sign Petition, Denmark Avenue at Denmark Ct. (East & West) -- The City has received a petition from 38 individuals representing 26 properties in the Pilot Knob Heights 4th Addition, requesting a stop sign to be installed on Denmark Avenue at both east and west Denmark Court. Only two of the petitioners take access from Denmark Avenue, with the remaining being located on the cul-de- sacs off to the side. Graphic representation showing the location of the petitioners is enclosed. on page _foryour information. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the installation of stop signs on Denmark Avenue at east and west Den- mark Court. Special Note: Also enclosed on pages 4S through is. a copy of the petition. 4-ik e PETITION STCP SISI I/we, the undersigned hereby petition the City CoURIcil of the City of Eagan to install stop signs on n �% r n .E. u,� at the intersection wi4 , yr. I/we, request this installation for the following reasons: am c2.ue� 2. 3. -/7?�to`v ko 4. 7I-e ;y ' -ZV-Ztl ._tif c.- c.P `y'o1�f✓ 2�".a��u�.c.t.,�. 7k�ka-t�tL�..a'uZC.fLa-�cf�� c zz a�rL CL�uc c� �.� � �,.z -�►r�.c-�.�.�x� -trt�x�.G��, ado- a.�'°-�c.�. i I/we request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so die. j NAME (Please print and initial) ADDRESS 1. 2. 3. 4. 5. 6. 7. 8. -9. 10. 11. 12. ,4S • r We, the residents of Pilot Knob 4th Addition, request stop signs be situated at the corners of Denmark Avenue and Denmark Court. The thru traffic has increased steadily and the majority of the vehicles appear to be going in excess of the unposted speed limit. We have approximately 42 children in our neighborhood and we are extremely concerned for their safety. NAME ADDRESS P►la{ K-.c6 2765- L 22 113 IVN L 13131-3 T L 12 a 3 L 13 Q 3 L 10 03 -' .+ z� ',f 1-11 133 /vto ?5 3 NfU 4/ZzLL't L i r, 3 L b-� 32q J � • Cl c<-E LZ G 3 L L23 61 /� r / l �1,- 87 3 s sLt/L1 t C�— L t o 6 3 (2) NAME ADDRESS _7 ._1�� L 1 g 4 3 371 3 'D •Ya-. 24, 'Poi ay L a 2 Lcl C7 Lt g �2 i.►s 4 r NAME ADDRESS 3 4-9 I I • • N W F- Q U O N N Q m •+krw.r+�•r 40 n w OWW !+yN. Y.. ,,••\w NMI_ W .. ... �� •N _._--_... ._.__VIM "'_.._... k 1 � ( �.7.�. '.•..:..�:(.•:�•. �1•'::•.'•'.•. �� Ion � •l- � � '� �. /•y ,.� vim• I �'1r qA y .. gas';.: 1 toil rr - � �E a: ::'�<!;;ir••.ti;:;. •••11.Qrr�+}r.. '�:i �� k 1 ::Z" •'�' :::.: _�-�._, I ( �� •• A7�j•! �•F •.;r':. '::}0/S'r:-:••••�`' �'' O�' �: —661'6 •__ :••••tom v,r�—'`# 4::•:; ti, �rS:.:::. •.ti;'.• ::� �: �:�_'.y{ — —.___ .K6.',[Y;(•Y1"-SY j*, __ .j� �'•'':•::. r ;:`('::'a•:l.•. }%.�(• 'wy ��4 x;:x - .; Cu cr th ci __-_ __ p _�•, `r '� 3};tiles:.• /'¢�°.;.•:;'•�!!9iw;."�•�•.•y�e',. _ :• •.' ' NO is I •� 4Fj nr I�� � Its � aY'�v�•. /5 ,� / �X o M <9 tb��pE s�• b J Pfi 1 h Q•C � � � s : 8 W ti o� i I s 45 VOL ' ltoN a 'ft -` —Mmmlmft d' U . e � F I "r'm"P, 49 �K . Inpi Agenda Information Memo August 27 , 1981 Page Eighteen MEDITERRANEAN CRUISE - ON-SALE LIQUOR REQUEST F. Mediterranean Cruise Restaurant for a Conditional Use Pemit to Allow On-Sale Liquor at the Mediterranean Cruise Restaurant -- A public hearing was held by the Advisory Planning Commission at a regular meeting held on August 25, 1981 to consider a condi- tional use permit to allow on-sale liquor at the Mediterrean Cruise Restaurant. The APC is recommending approval of the conditional use permit to the City Council. For additional information on the matter, please refer to the Administrative/Planning Assistant' s report, a copy of which is enclosed on pages —ST I through For additional information regarding the action taken by tie APC, refer to the minutes found on page y�s ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the recommendation of the APC to approve the on-sale liquor license request for the Mediterranean Cruise. to CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT TO ALLOW ON-SALE LIQUOR APPLICANT: MEDITERRANEAN CRUISE RESTAURANT (HUSSEIN ANSARI) LOCATION: 3945 SIBLEY MEMORIAL HIGHWAY EXISTING ZONING: GB (GENERAL BUSINESS DISTRICT) DATE OF PUBLIC HEARING: AUGUST 25, 1981 DATE OF REPORT: AUGUST 20, 1981 REPORTED BY: KURTIS G. ULRICH, ADMINISTRATIVE/PLANNING ASSISTANT APPLICATION SUBMITTED AN APPLICATION HAS BEEN SUBMITTED FOR A CONDITIONAL USE PERMIT FOR AN ON-SALE LIQUOR LICENSE FOR THE MEDITERRANEAN CRUISE RESTAURANT, 3945 SIBLEY MEMORIAL HIGHWAY COMMENTS 1. ORDINANCE 52 REQUIRES THAT A CONDITIONAL USE PERMIT BE GRANTED BEFORE THE ISSUANCE OF AN ON-SALE LIQUOR LICENSE IN A GENERAL BUSINESS DISTRICT. 2. THE LOCATION OF THE RESTAURANT IS IN A GENERAL BUSINESS DISTRICT AND IS NOT IN CLOSE PROXIMITY TO EITHER RESIDENTIAL AREAS OR OTHER ON-SALE LIQUOR BUSINESSES. 3. THE APPLICANT WAS PREVIOUSLY GRANTED AN ON-SALE 3.2 BEER AND WINE LICENSE BY THE CITY IN THE FALL OF 1980. 4. THE BOARD MAY CONSIDER LIMITING THE HOURS OF OPERATION' IF DEEMED NECESSARY. 5. IF THE APPLICATION IS APPROVED FOR A CONDITIONAL USE PERMIT, THE APPLI- CANT IS REQUIRED TO COMPLY WITH CITY LICENSING REQUIREMENTS FOR ON-SALE LIQUOR BUSINESSES. KGU/JAC • J ' _ 1 5u8MT ti F S ' • � ` is � ;�„� � �4Z.vc ; 3 its pG7ge�l fiV( CP*r G�l �� �,••, ��,. pyo-oma 0' p;�.,3 . . � ��,� n J- G• ,���01 AUG�rv� r. 9LA•T'P—R a w 0 0 0 at e c#G Com:"^l s z .� 1. �• p ob °r Cq /. a � i �4 �J r�,•r � � Z / Ll ♦J v 010-1L JAC � r �L o 10 NIT a ��CL1r .s ►i.HARQt_.O q. y1CTOR1/f HELMINI.'>1K = 7/ui --_.mor__.,� 2�;0 a i 13�►3 ..� 1 3 2-z Me attached plat is furnished �p riap. added service by C�•�r Tlr.c:Lv-...i r en3�1_ ra-_ —.__ t-- ,h-•• , /� �� - - Y' RB IiT ', ; • - — ........�� Ind. GO LF LAIQ Inct Ind �t W3 ,t • 41 — -- o . . Ind. - - - • - 7 - _ - b - - R �' . a•.. V1 .•..m. . ,_-= Ind. RSD; R-1 • _ Ind. - - R if LB.1 R-11 ° r - R-4 ♦.�' _ - l J LB - R-I} CSC .a.,.. �`. R-A r LS - •ry ;� N>i Rill 'res R4 — _ _: R}+ 1= < - " R41 R-1 I ® .. R-1V _•�- - - I Ind - 710 '��•'- .�•- � ~ MALL R�1 R I CSC ? _ - �.z HS RSI -• - ,f RI ! El P-11 P - n R-II M L 1 f R III _ �, E 3 - `� = y... R i R411 = R :. ,'� CSC/G - x I R_ HI- / R p R41 R41 R-11 RI .W LB Ct-III -'3 Y q1 •�} �t ► .�'.J . •_ •�._I t `o. LB LB R-I D P ` R-I t a.a o ^- a v R4 °"o r^ R-I F r•R4 R-11 P, - R-il � R-II .., P ,,r t - R-II P , P r1 t7o_� 3LLFY I FP INDUST IAL, flAF .yi LI A R-4 r �` `l \Ll LI ILv / 1 • \ -G L R =I GR �,R-ME ,- - - LI �.. L I " SILL H ' LB -2 L i 9 , ' _ CSC - _ R `T.PI\ o• ,t rr CSC 4 PF A R-4 r LI R� �Q Ll -� I cQ GB `` ! _ P F] �J/ .' 1A fry/ PF J U N NB F s --- _ PF 1�ITffidiAi iN CRUIM R USE PEAUT The public hearing regarding the application of Hussein Ansari, the operator of the Mediterranean Cruise Restaurant, for conditional use permit to allow on-sale liquor at the restaurant at 3945 Sibley Memorial Highway was convened by the Chairman. Mr. Ansari was present and Planning Commission Members noted that when the applicant first applied for the restaurant in 1980 that the applicant indicated that he had no plan to apply for on-sale liquor. Mr. Ansari stated that there are demands by customers for liquor and that he had no intent to have a service bar with food being the prime purpose of the restaurant. Harrison moved, Wilkins seconded the motion to recommend approval of the application subject to compliance with necessary ordinances and further that there be no service bar at the restaurant. All voted yes. �J Agenda Information Memo August 27, 1981 Page Nineteen OLIVER OPPEN — SETBACK VARIANCE F. Oliver Oppen' for a Variance from Setback Requirement in an R-1, Located on Lot 6, Block 3, Cedar Grove Four -- A public hearing was held before the Advisory Planning Commission at their regular meeting held on August 25, 1981 to consider a variance from the 30 foot front yard setback requirement for a residential single district. The applicant is desiring to build a 5 x 9 foot front entry addition to his home and it woudl require a five foot variance from the front yard setback. The Advisory - Planning Commission is recommending approval of the request to the City Council. For additional information on the matter, please refer to the Planning Intern' s report, a copy is enclosed on pages S7 through For action that was taken by the APC, reter to those minuteS, a copy of which is enclosed on page 6 2.. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the variance from setback requirements as presented by Oliver Oppen. s/Thomas L. Hedges City Administrator i S6 CITY OF EAGAN SUBJECT: VARIANCE FROM FRONT SETBACK REQUIREMENT APPLICANT: OLIVER G. OPPEN LOCATION: LOT 6, BLOCK 3, CEDAR GROVE 44, 4374 SANDSTONE DRIVE EXISTING ZONING: R-1 (RESIDENTIAL SINGLE DISTRICT) DATE OF PUBLIC HEARING: AUGUST 25, 1981 . DATE OF REPORT: AUGUST 18, 1981 REPORTED BY: . KURTIS G. ULRICH, ADMINISTRATIVE/PLANNING ASSISTANT APPLICATION SUBMITTED AN APPLICATION HAS BEEN SUBMITTED REQUESTING A VARIANCE FROM THE 30' FRONT-YARD SETBACK REQUIREMENT FOR A RESIDENTIAL SINGLE DISTRICT. THE APPLICANT WISHES TO BUILD A 5 X 9 FOOT FRONT ENTRYWAY ADDITION TO HIS HOME AND WOULD REQUIRE A 5' VARIANCE FROM THE FRONT-YARD SETBACK. COMMENTS THE PROPOSED FRONT ENTRYWAY ADDITION WOULD BE ATTACHED TO THE EXISTING HOUSE. THE STRUCTURE WOULD PROVIDE ADDITIONAL STORAGE ROOM AND WOULD ACT TO CONSERVE ENERGY BY REDUCING HEAT LOSS. THE LOT IN QUESTION HAS A TOTAL AREA OF 8981 SQUARE FEET, AND LOT COVERAGE IN- CLUDING THE PROPOSED STRUCTURE IS WITHIN THE ALLOWABLE LIMITS. THE STREET ON WHICH THE HOUSE WOULD BE LOCATED, SANDSTONE DRIVE, IS CLASSIFIED AS A LOCAL ACCESS ROAD ACCORDING TO THE CITY'S THOROUGHFARE PLAN. THE HOUSING IN THE SUR- ROUNDING AREA CONSISTS OF SINGLE FAMILY HCb'ES WHICH ARE CURRENTLY IN COMPLIANCE WITH THE 30' SETBACK REQUIREMENT. IF APPROVED, THE VARIANCE SHOULD BE SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE CITY SHALL RETAIN ALL EXISTING DRAINAGE AND UTILITY EASEMENTS. 2. ALL OTHER CITY ORDINANCES SHALL BE COMPLIED WITH. KGU/JAC e s7 /Y s .o I i � � � � � � - � a } � . � _ � �� i } i �,., , '. "v.i ' i iS 1 � � yam ' �! .� E S � � � � ' ++ � � 1 j 4 � - 1 u •.. __ � _ _ i � � .� F i _�� f �' :; � - i , j 1 f i i F S +(j s _ I y r i � 1 � 1 j . t •---s 66 �r LI J ! � C �• - Q � • P E GB GB - FEN R 4 _ 4 PFa JUNIO� - � . . ,•,'. j PF NB , • _ .. PF r HIGH 0 SCHOOL � „ 1 U Ecr 1) A r = V l r J q ,E MA R I � `'j- t`LC; PF ... �.:,. . . R_4 csc -iC R - 2 ILL RIVER i RB Z f A PFJ, EN TE R A A Ul ' ] , QGIVM OPPEN VARIANCE — 4374 SUCST= DRIVE The application of Oliver Oppen for variance from 30-foot front yard setback for residential single district to allow a five-foot variance for the construction of an entryway addition to his home was next considered by the Planning Commission. Mr. Oppen was present and noted that there were no objections fran neighboring property owners. Bohne moved, Gits seconded the motion bo recommend approval noting there were no objections and it did not appear that it would be an obstruction in the neighborhood and further subject to the following conditions: 1. That the City retain all existing drainage and utility easements. 2. That all other City ordinance requirements be met. All voted yes. 6Z