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HomeMy WebLinkAbout11/22/1977 - Advisory Planning CommissionMINUTES OF A REGULAR MEETING OF THE BAGAN'ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA NOVEMBER 22, 1977 A regular meeting of the Eagan Advisoiy Planning Commission was held on Novem- ber 22, 1977 at 7 p.m. Those present were Chairman Harrison, Members Hedtke, Dem- broski, Hall, Blomquist and Murphy; Member Sperling was absent. Chairman Harrison chaired the meeting. Also present were City Zoning Aid Dale Runkle, City Adminis- trator Hedges, City Engineer Gordon, and City Attorney Hauge. MINUTES. Upon motion by Murphy, seconded Blomquist, all members voting yes, it was RESOLVED that the minutes of the October 25, 1977 meeting be approved with the exception on page 5 that in relation to F.L. Johnson that the owners objected to the upgrading of Meadowview Road. R.E.S. INVESTMENT COMPANY. The Chairman convened the hearing regarding the application of R.E.S. Investment Company for variance for waiver of platting to sell a part of the South 250 feet of Lot 2, Robert O'Neil Homestead, to General Coatings., Inc. Mr. Pete Parranto and Mr. James Imre were present on behalf of the applicants. There were no objections to the application, It was noted that 3.5 acres will be purchased, and General Coatings will then own 6.5 acres in the large platted lot. It was also understood that R.E.S. will develop the balance of the property as a P.D. when developed. Mr. Imre will submit a preliminary site plan of the area before construction, and it was further understood that the owner will be required to plat prior to the time of grant of a building permit or development on the balance of the parcel being acquired that was the subject of the application. Hall moved and Hedtke seconded a motion with all members voting in favor to recommend the variance with the understanding that the property will be platted prior to con- struction or development. OAK CHASE ADDITION WAIVER OF PLATTING. The next hearing concerned the applica- tion of Timberland Development Corporation for waiver of platting to divide four lots described as Lots 1 and 2, Block 2, Oak Chase 3rd Addition and Lots 5 and 6 -1- 11-22-77 Block 7, Oak Chase let Addition, each into two separate parcels. The Horthe;ly por- tion of each lot will be dedicated to the City for park purposes. Mr. James Frisbee appeared. After discussion, upon motion by Blomquist, seconded Dembroski, all mem- bers voting in favor, it was RESOLVED that the application be recommended for approval it being understood by Mr. James Frisbee, who was present, that the dedication of all of the property to the City for park purposes will be completed by January 1, 1978 LOT 12, BLOCK 1, LETENDRE ADDITION PLAT WAIVER. The next hearing regarded the application of Mr. Gene Gullord for a variance for waiver of platting of Lot 12, Block 1, LeTendre Addition to divide a single-family lot fronting both on Heritage Lane_and_Donald_Avenue._It was noted that utilities are in each of the streets, and that the hardship involved was the assessments against both parcels without permitting the split. It was also understood that at an earlier time when the utilities were installed that the Council at that time had committed itself to permitting the split of the lots which are extremely deep. There were no objections fmm neighboring property owners. Mr. Gullord indicated that the property will be used for single family purposes only. Hedtke moved and Blomquist seconded a motion to recommend approval on the basis of the hardship described above. DUCKWOOD ESTATES REZONING HEARING. The public hearing regarding the applica- tion of J.K.R. Company to rezone Duckwood Estates from R-4, Residential Multiple, to Residential Single was next convened. John Klein appeared for the applicant and indicated the Council recommended the rezoning. Hall moved and Hedtke seconded a motion with all members voting in favor to recommend approval of the application. CONDITIONAL USE PERMIT - GROUP DAY CARE LICENSE - LINDA SMITH. The public hearing regarding the application of Linda Smith for conditional use permit to consider a group day care license to accommodate 15 pre-schoolers at her home, described as Lot 16, Block 4, Cedar Grove No. 5 at 4028 Rahn Road, was next con- vened. Mrs. Smith appeared and indicated that six neighboring property owners had consented in writing to the conditional use permit. After discussion concerning -2- 11-22-77 the length of time for the conditional use permit and the need to restrict the permit for the use of Mrs. Smith only, Hedtke moved and Blomquist seconded a motion to recommend approval of the application subject to the conditions that all vehicles shall continue to stop or park in the driveway and not on the public street, that no more than 15 pre-school children shall be accommodated under the permit at one time, that the permit be granted for no longer than five years, and that the permit be granted for the exclusive use sf Linda Smith only and may not be transferred to any other person. DREXEL HEIGHTS ADDITION AND PILOT KNOB HEIGHTS FIFTH ADDITION PRELIMINARY PLATS. Mr. Ralph Wohlers, representing Pilot Knob Prope ties, appeared and requested that the application for preliminary plat approval for Drexel Heights be continued until the next regular meeting, and further that the preliminary plat for Pilot Knob Heights Fifth Addition be continued until the next regular meeting. Upon motion by Blomquist, seconded Hedtke,,all members voting yes, it was RESOLVED that the two public hearings described above be continued until the regular meeting in December. PILOT KNOB HEIGHTS P.D. REVIEI•d. At the request of Mr. Wohlers, and upon motion by Hall, seconded Blomquist, it was RESOLVED that the review by the Planning Commis- sion of the Pilot Knob Heights Planned Development be continued until the next regular meeting. R.L. JOHNSON INVESTMENT COMPANY VARIANCE. A representative of Mr. Robert L. Johnson appeared on behalf of the request of R.L. Johnson Construction Development Inc, for a variance from platting covering property North of Highway #13. consisting of the Alexander Gravel Pit - DesLauriers property, and in addition; a building permit for a warehouse building on the site. A proposed preliminary plat for the property consisting of R.L. Johnson 1st Addition was reviewed indicating easements providing for 60 -foot right of way for Alexander Road to Highway #13. It also provided for interior utility easements and a 30 -foot easement to the Eagan storm drainage pond. Several neighboring owners were present but had no objections to -3- 11-22-77 the application. It was noted that the application for preliminary plat had not been submitted-, and therefore, no public hearing on that app-lication has been scheduled. There was a question of whether an environmental assessment is required due to its nearness to the Fort Snelling State Park. Also, there was discussion concerning a site plan for the building. Mr. Johnson reviewed the plans for the distribution warehouse and indicated trackage would run on the North side of the building. Hedtke moved and Dembroski seconded a motion with.all members voting in favor, except Hall who voted no, to recommend approval of the variance and the building permit, subject to the following: 1. That the applicant apply for preliminary plat approval and.complete plat- ting prior to occupancy. 2. That the City staff review the environmental assessment requirements to determine whether it is necessary to prepare such an assessment. 3. That the street access to Highway #13 be fully dedicated and improved to City industrial street standards. 4. That a landscape plan and internal improvements be approved by the City Planner. 5. That the applicant remove all debris and other structures from the property. 6. That approval of the Engineer and Building Inspector be acquired. EAGAN 40 PLANNED DEVELOPMENT. Mr. Dan Dolan appeared on behalf of the appli- cation of Eagan 40 for annual review of the Planned Development on County Road #30. City Administrator Hedges explained that the intention of the Planning Commission was to review the commercial zoning in the area of County Road #30, and the matter was continued until the next regular meeting to permit the staff to complete its report concerning commercial zoning.in the area. Upon motion by Hall, seconded Dembroski, all members voting in favor, it was RESOLVED that the application be held over to the next regular meeting. SOUTH DELAWARE HILLS PRELIMINARY PLAT REVISION. There was a question concerning -4- 11-22-77 acceptance of park land in Inver Grove Heights and upon motion by Hall, seconded Murphy, all members voting yea, it was RESOLVED that the consideration of the revision of the preliminary plat be continued to the next regular meeting. RIDGEVIEW ACRES LOT SPLIT. City Attorney Hauge reviewed with the Planning Commission the mandamus action brought in Dakota County District Court by Daniel Fendrick to split Lot 14, Block 3 in Ridgeview Acres. Mr. Hauge indicated that the findings and order have now been received from the Judge of District Court indicating that the Court upheld the City in denying the lot split. SPORTS STADIUM SITE. Chairman Harrison discussed with the Planning Commission his concern that the City Council should have referred the sports stadium site selec- tion issue to the Advisory Planning Commission for review and recommendation. There was discussion concerning the role of the Sports Commission in approaching the City and the need for review by the City Council regarding the potential site. No action was taken. PIZZA INTERNATIONAL. It was noted that P-izza International had requested a beer and wine license for the site on which it is proposing to construct a pizza restaurant and office building adjacent to Power Toole on Highway #13. There was a question as to whether the application should have been referred to the Advisory Planning Commission, and it was recommended that the APC review the application for approval of the building permit in the future because of a number of planning issues, including street access. ESTATE ZONING CLASSIFICATION. After discussion, Hedtke moved and Blomquist seconded a motion that the APC recommend to the Council that no developer of land in Eagan use the name ESTATE in any plat unless Estate Zoning has been approved for that particular plat. Those voting in favor were Hedtke, Blomquist, Hall and Harrison; those against were Murphy and Dembroski, and the motion carried. Upon motion duly made and seconded, the meeting adjourned at about 10:00 p.m.PHH DATED., -5- P_rENDA RFr-ULAR. MEETING CITE' COUNCIL FAGAN: MINNESOTA CITY HALL DEC3`ABER 30, 1977 6-30 P.'!. I. 6,30 - Roll Call and Pledge of Allegiance. II. 6:.35 - Adopt agenda and ao_proval of minutes of December 6 ani 13. 1977 minutes. III. 6 40 •- DEPARTMENT HEAP. BUSINESS. A. Police P. Parks C. Public Works IV. 7.00 - PUBLIC TMARIN7S. A. Imp. No. 222 - Sanitary sewer on Plackhawk Rd. V. 7-20 OLD RUBI?QEsS. A. Waiver of plat -- Part of Lot 2 Robert O'Neil Homestead R.E,S. Investment Co. B. N.F. Interceptor acquisition. VI. 7 �-8 - NEST nusINESS. A. 197£3 Misc. license schedule. r. 1978 Conditional renewals. C. Approval of. Preliminary plans. T.H.36 from 1821" south of Co, Rd. 30 to ""•innesota River. D. Approval of revised Park plans; I-mp. 215 and set bid letting date. F. salaries- 1973. VII. Si15 - OTF.ER PUSI`?ESS. VIII_ Visitors to be Heard* IX. ADJOUMMENT *For those persons who are not on the agenda MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 15, 1977 SUBJECT: AGENDA INFORMATION After approval of the December 6, 1977 minutes of a regular City Council meeting, December 13, 1977 Special City Council minutes and approval of the December 20, 1977 City Council agenda, the following items are scheduled for consideration. Department Head Business A. Police -- (1) Police Chief DesLauriers is requesting a speed survey on Johnny Cake Ridge Road from Cliff Road to the Eagan -Apple Valley boundary. He is also requesting a stop sign at Pine Ridge and McCarthy Road in the Timberline Addition. For additional information on the matter, please refer to the enclosed memo from Chief of Police DesLauriers found on page (2) Chief of Police DesLauriers is requesting that furniture and equipment be ordered for the new Police Department facility. Quotations were received from two suppliers regarding a number of large items of equipment that will be necessary such as chairs, desks, file cabinets and other related items. Police Chief DesLauriers has provided a sheet listing the furnishings for the Police facility by room number. The total cost for the furnishings is estimated at $8,805.90. If you recall, the Police evidence auotion that was held during the month of"October made $805.90 which the City Council has authorized to help furnish the evidence storage room. The $8,000 for the rest of the furnishings will come out of Federal Revenue Sharing. Enclosed is a memorandum, a copy of the -quotations and also a list of furnishings for the new Police facility, by room, found on pages 4f through _10_. The City Administrator has a breakdown of items by room which is quite lengthy and will have available for City Council review at the meeting on Tuesday. (3) Chief of Police DesLauriers is requesting that consideration be given to a new phone system for the new Police Department facility. Enclosed is a copy of a memo- randum and cost breakdown for the proposed telephone system, found on pages through %Z B. (1) Enclosed on pages _%I_through_�is a complete list of all diseased trees that were ordered out during 1977. It is recommended that the City Council give consideration to this list and as provided by ordinance, and by advice of our legal counsel, this list should be accepted by the City Council. In most cases, the trees have been removed however, L Agenda Information Page 2 December 15, 1977 there are some cases where property owners are not in compliance with the ordinance. (2) Two meetings ago the City Council requested that the Park Advisory Committee review the status of the McCarthy House. The Park Advisory Committee did review the status of the McCarthy house at their last meeting and enclosed on page %% is a memorandum prepared by Park Director Schmidt explaining the Advisory Park Committee's recommendation re- garding the McCarthy house. C. Public Works-- There is no departmental business re- garding Public Works at this time. Public Hearinas A. Imp. 222, sanitary sewer on Blackhawk Road -- At the last regular meeting of the City Council, a public hearing was held to consider sanitary sewer improvements on Blackhawk Road. After the City Engineer presented the plans for sanitary sewer improvements, there seemed to be mixed opinions expressed by the property owners as to whether they wanted sanitary sewer improvements at this time. The property owners were asked by the City Council to meet and discuss the sanitary sewer improvements and come back with some type of recommendation to the City Council as to whether the majority of the property owners would want sanitary sewer improvements. Additional background on the proposed improvement is found in the improvement report as prepared by the City Engineer and included in the packet prepared for the December 6 meeting, Old Business A, Waiver of plat; part of Lot 2, Robert O'Neil Homestead R.E.S. Investment Company --.As mentioned in the packet for the December 6, 1977 meeting, an application was made by the RES Investment Company for waiver of platting of a part of the south 25V of Lot 2,' the Robert O'Neil homestead, lying westerly of the west right-of-way line of State Trunk Highway 49 and east of the west line of Lot 3, Robert O'Neil homestead, prolonged north. This item was continued until the December 20 meeting due to the fact that no one was present to represent the RES Investment Company. The purpose for the waiver of plat is to approve the sale of land due to the fact that said property is less than five acres. The present zoning is described,as commercial -industrial PUD. Before improvements can be made to the property, it is the understanding of the City and RES Investment Company that the property will have to be platted. For additional information on this matter, please refer to the Zoning Aid's report which is found on pages 3537 of the December 6, 1977 packet. Z Agenda Information Memo Page Three December 15, 1977 B. Northeast Interceptor Acquisition -- For several months, the staff, including the City Administrator, City Attorney, City Clerk, City Engineer and our auditing firm represented by Mr. Roger Katzenmaier, had been working to coordinate the sale of the Eagan northeast interceptor acquisition with the Metropolitan Waste Control Commission. The City of -Eagan and MWCC have now reached tentative agreement on the sale which is torcommence shortly and be effective January 1, 1978. Much background has been provided to the Eagan City Council over the last few years, and rather than summarize the agreement. I felt it was necessary to provide a copy of the agreement to each member of the City Council for review. The agreement is approximately 6 pages in length and covers all the various points that have been negotiated between the City and the MWCC during the last several months. Also attached are several exhibits which pertain directly to the agreement. The City Administrator and supporting staff will review the northeast interceptor acquisition in detail at the meeting on Tuesday. Enclosed on pages -AN_through30 is a copy of -.the agreement and exhibits. New Business A. 1978 Miscellaneous license schedule -- Enclosed on 'page _31 is a list of miscellaneous licenses that are due for renewal January 1, 1978. The staff is working on the proposed 10-15% fee structure for licenses, however. it is not possible to submit a comprehensive license fee schedule study to the City Council by Tuesday. Please note on the list that cigarette licenses make up the majority of the license and the fee is set by state law so there would not be any change for the fee schedule on that particular license. B. 1978 Conditional use renewals -- Enclosed on page is a list of the 1978 conditional use renewals. In reviewing this list with members of the staff, it appears there are no problems with any of the four permit holders. Regarding Patti Homes, which is a trailer sales lot located at 3950 Cedar Ave. South, it appears as though the permit will not be in effect more than two to three months due to the construction of the Cedar Ave. freeway. Patti Homes is in the process of moving trailers from the sales lot so they can begin excavation work in that area as a part of another phase of freeway construction. Agenda Information Memo Page Four December 15. 1977. C. Approval of preliminary plans, Trunk Highway 36 from 1821' south of County Road 30 to Minnesota River. - City Engineer Rosene will present the preliminary plans as prepared by the Minnesota Department of Transportation for the -next phase of -the Cedar Avenue freeway construction which is generally described as proposed trunk highway 36 from 1821' south of Co. Rd. 30 to the Minnesota River. City Engineer Rosene will have the plans available for review at the meeting on Tuesday. D. Approval of revised park plans, Imp. 215 and set bid letting date -- Development plans have been prepared by the Park Advisory Committee with the formal assistance of our City Planning consultant, Mr. John Voss. The development plans relate to various parks that were either acquired through the park bond issue or by dedication of a developer. Twice, the City has called for bids and each time the bids exceeded the estimate and were rejected. The bids have been revised by the engineer and planner and again ,it is the --recommendation of the staff, that the park plans be readvertised for a bid letting in the early part of 1978 to allow for an early spring start on park development. If you recall, the estimated cost for develop- ment is in the area of $100,000. E. Salaries; 1978 -- A complete list of all 1978 salary request with a percentage breakdown and comments will be provided to each member of the City Council on Monday for your review. I am taking some time to reassess the amount budgeted for 1978 under the heading of salaries and determine how the recent recommended salaries for all positions will affect that particular account. t R City Administrator 4 MEMO T0+ HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: DECEMBER 16, 1977 SUBJECT: INFORMATIVE MEMO After preparing the 1978 Budget, and reviewing the water and sewer fund, it is my opinion that a complete water and sewer rate analysis 'should�be made in 1978, The Metropolitan Waste Control Commission is increasing their assessment to the City of Eagan by $71,000 which is approximately a 30% increase. There were no increases in the water department and with the increasing costs and consideration for depreciation fund and capital outlay fund, the water rates should be studied so considerations can be given as to whether a rate increase is in order for 1978: All things must be considered such as operating funds, dgpreciation funds and capital improvements. Also, to be taken into account is the credit that will be received from the MWCC toward the sanitary sewer fund for the sale of the northeast interceptor sewer main. Enclosed is a copy of a letter that I received from Mr. Paul Hauge regarding the Fendrick lot -'split, Crestridge Addition. This letter is enclosed on page Sfor your reference. Also enclosed on pages _3¢ through is a copy of the findings of fact and conclusion on the Fendrick vs. the city of Eagan. Enclosed is a copy of the budget report for the month of November. In analyzing the budget report, there are two considerations to be made. If you review page 7, you will observe a fund total for the budget at $1,130,202. That compares with a year end total of $1,157,198. Or, an unencumbered deficit of $26,996. The reason a deficit occurs on the budget report sheet is twofold: 1. On page 1, under salaries to be reimbursed, the City has spent $103,318. Salaries to be reimbursed must appear as an expenditure, however, will be offset by the same amount of money to be reimbursed and appear as a revenue from the county. 5 Informative Memo December 16, 1977 Page Two 2. The second item that was not included in the 1977 Budget are salary increases. If you recall, the City Council decision was not to include salary increases for 1977 as a part of the 1977 Budget. Therefore, approximately $50,000 - $60,000'will not appear in the 1977 Budget. Therefore with the anticipated salaries to be reimbursed and salary increases estimated at $160,000 - $170,000, the budget at year end should be relatively close to a balance budget. The only true deficit will be for salary increases that were not included in previous budgets. when reviewing the 1977 Budget in comparison with the 1978 Budget, a significant portion of the $300,000 increase is attributable to the salaries to be reimbursed, which is a part -of the CETA program, and also to salary increases. Therefore, the 1978 Budget actually increased about $130.000 ;- $150,000. If any member of the City Council has any questions relating to the :judget report,-plez,se feel free to contact me at any time. Also enclosed is a copy of a memo written by Mayor Elect Leo Murphy found on page- 37. City Administrator O MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL EAGAN,.MINNESOTA DECEMBER 6, 1977 A regular meeting of the Eagan City Council was held on December 6, 1977 at 6:30 p.m, at the City Hall. Those present were Mayor Polzin, Members Rahn, Smith, Wachter and Rydrych. Also present were City Clerk Bolke, City Administrator Hedges, City Engineer Rosene and City Attorney Hauge. MINUTES. Upon motion by Wachter, seconded Smith, all members voting in favor, it was RESOLVED that the minutes of the Council meetings of November 10 and 15, 1977 are approved as distributed. ROBERT ROSENE RECOGNITION. Mayor Polzin announced that City Engineer Rosene had received several awards, including the WCCO Good Neighbor Award and the Boy Scouts Silver Beaver Award, recently. The Administrator was requested to prepare a proper recognition on behalf of the City Council commending Bob Rosene for the swards that he has reeeived. PUBLIC WORKS_ DEPARTMENT. Bill Branch was present. 1. Maintenance Tractor. Mr. Branch requested authorization to advertise for one maintenance tractor to replace the 1961 tractor with an estimated cost of $17,000. In addition he asked for authorization to purchase a dump box and plow for the 32,000 G.V.W. truck recently purchased by the City with an estimated cost of $15,000. Upon motion by Rahn, seconded Smith, all members voting in favor, it was RESOLVED that the Clerk be authorized to advertise for bids to be opened on January 11, 1978 at 2 p.m, at the City Hall. 2. CETA Employee. Mr. Branch further recommended that John Rothenberger.be approved as a CETA employee in the street department to work on the surface drain- age project. Upon motion by Rahn, seconded Smtth, all members voting yea, it was RESOLVED that Mr. Rothenberger be authorized to be hired as a CETA employee as recommended by the Public Works Director to begin work immediately. -1- 12-6-77 3. Wilderness Run 6th Addition Snow Plowing. Mr. Robert Tilsen, the developer of Wilderness Run 6th Addition, requested snow plowing on Balsam Trail and part of Dunroven, North Malmo Lane, and North Nybro Lane in the 6th Addition. It was noted the first layer of blacktop had been installed. Polzin moved and Rahn seconded a motion that Eagan would take over the snow plowing as requested upon the condition that the developer submit an indemnity agreement to the City of Eagan that in the event there is damage to the Eagan equipment, that the developer will be responsible. SNOW PLOWING ON CITY AND COUNTY ROADS. A meeting of the Public Works Committee was held on November 25 concerning snow plowing for city and county roads and recommended a resolution requesting that Dakota County take the necessary effort to improve maintenance of county roads within Eagan after adverse weather conditions. Upon motion by Wachter, seconded Polzin, all members voting in favor, it was RESOLVED that the resolution be approved and ordered forwarded to the Dakota County Board of Commissioners. PARK COMMITTEE, Barbara Schmidt was present. 1. Warming Nouse Attendants. Mrs. Schmidt submitted a list of recommended persona for warming house attendants for the 1977-1978 season. Rahn moved and Wachter seconded a motion that the recommendations be approved. All members voted yes. 2. John Weber. Mrs. Schmidt and Mr. Branch recommended that John Weber be re -activated as a CETA Park•Department maintenance employee. Wachter moved and Rahn seconded a motion with all members voting yea to reinstate Mr. Weber, 3. Dakota County Trail Program It was noted that on December 7 there will be a meeting of the Dakota County Board of Commissioners regarding a proposed Dakota County bikeway trail plan. Barbara Schmidt reviewed the plan and indicated that the Advisory Park Committee endorsed the concept. Wachter moved and Rydrych -2- 12-6-77 seconded a motion to endorse the proposed Dakota County trail system and that the financial contribution by the City be reviewed at the time of the proposed construc- tion. All members voted yes. EASTER LUTHERAN CHURCH AND LARRY ERDOS ASSESSMENT HEARING. The Mayor convened the assessment hearing concerning sanitary sewer laterals for Easter Lutheran Church and the Larry Erdos property on Pilot Knob Road. The Assessment Co®ittee recommended there be no additional assessments on either property for sanitary sewer in that the developer of the adjoining subdivision paid for the installation of sanitary sewer laterals in Easter Lane. It was also noted that Mr. Erdos had connected his service line to the Easter Lutheran Church line, which is not standard policy. Polzin moved and Wachter seconded a motion to accept the recommendation of the Assessment Committee and that no sanitary sewer lateral assessments be levied against either parcel with the understanding that the procedure is not standard policy, and also that the City will not be responsible where two parties are connected to the same service line. IMPROVEMENT PROJECT #122 - BLACKHAWK ROAD. The Mayor then convened the public hearing regarding proposed sanitary sewer laterals in the Blackhawk Road area covering 11 parcels of property. Councilman Rahn vacated his chair and took no part in the hearing. Keith Gordon explained the project to the Council and those present. A number of affected residents were present. Five property owners appeared to be in favor of the project, and about four opposed the project covering 10 residents and 13 parcels. It was noted there were some problems with septic tanks in the area. Some owners were unsure whether they would favor the project. Polzin moved and Smith seconded a motion to continue the hearing until the next regular meeting on December 20. All members voted yes. PROJECT #218. The next public hearing that was convened concerned sanitary sewer and water services to South Delaware Hills Addition under Project #218. It -3- 12-6-77 was noted that there was still a question concerning the acquisition of active park land in the area,and Polzin moved and Rahn seconded a motion to continue the hearing until January 17, 1978. All members voted yes. ANIMAL WARDEN AND DOG POUND. The Council discussed the decision regarding the hiring of Robin Clarey to replace Carey Larsen on a six-month interim basis as the Animal Warden. Mr. Hedges indicated that Mr. and Mrs. Robert Winter had purchased the Sue Goss property and recommended that the Winters be engaged to operate the City dog pound on an interim trial basis. Upon motion by Smith, seconded Rahn, all members voting in favor, the recommendation of the City Administrator was imple- mented with the understanding that there would be a $3 reimbursement to the dog pound operator for each dog and that the City would pay the fuel oil for the dog pound. PARA -TRANSIT - MTC. Gail Kincannon, the Eagan area representative on the MTC, and two staff persons were present from the MTC concerning a proposed para -transit circulation system for four communities including Eagan. The proposal would make the system municipally owned, and each city would have a staff person initially to investigage the proposal. Ms. Kincannon indicated that MN/DOT has funding avail- able possibly on a 90-10 basis for all costs. A proposed layout for the vans and small vehicle transit was shown to the Council, and it was intended strictly as a demonstration project. Smith moved and Rahn seconded a motion to authorize the City to participate in the study and that.City Administrator Hedges or a representative selected by him be authorized to be the City's liaison person in the study of the para -transit system. All members voted yea. R.E.S. INVESTMENT - WAIVER OF PLAT. The application of R.E.S. Investment Company for waiver of plat covering part of Lot 2, Robert O'Neill Homestead was upon motion by Polzin, seconded Smith, continued until the next regular meeting for lack of appearance by the applicant. -4- 12-6-77 OAR CHASE ADDITION - WAIVER OF PLAT_. The application. of Timberline Corporation for waiver of plat for Lots 1 and 2, Block 2, Oak Chase Addition,and Lots 5 and 6, Block 7, Oak Chase 1st Addition was next reviewed. It was noted that a portion of each of these lots will be dedicated to the City for park purposes. The APC recom- mended approval. Upon motion by Smith, seconded P.ydrych, all members voting yes, it was RESOLVED that the application for waiver of plat for the above lots be approved subject, however, to completion of the dedication of the lots of all of the Northerly tier lots to the City by the end of 1977. LETENDRE ADDITION WAIVER OF PLAT. Mr. Gene Gullord appeared on behalf of his application for waiver of plat to split Lot 12, Block 1, LeTendre Addition. It was noted that the lot abuts on two streets,and assessments on one street had been deferred until the split of the lots in that vicinity. The APC recommended approval. Upon motion by Wachter, seconded Rahn, all members voting in favor, it was RESOLVED that the application be approved and that assessments will then be levied on the benefited property abutting the property that has been split on the basis of the Eagan regulations and ordinances. DUCRWOOD ADDITION REZONING. The application of J.R.R. Company to rezone from R-4 to R-1 the Duckwood Estates subdivision was next reviewed. The APC recommended approval. Upon motion by Polzin, seconded Wachter, all members voting yes, it was RESOLVED that the application be approved meeting at 8:50 p.m. Councilman Wachter was excused from the LINDA SMITH DAY CARE LICENSE. The application of Linda Smith for conditional use permit for group day care license at Lot 16, Block 4, Cedar Grove 5th Addition, 4028 Rahn Road, was next reviewed, Mrs. Smith'w8s'presenx;' and the Advisory Plan- ning Commission recopmended approval.. Smith moved and Rahn seconded'•a motion that the application be approved 'dubject.to the reco®endationa of the APC. . -G.L. JO.IIN$ON-VARIANCE.,• -he application of R. L. Johnson Investment -Company for building permit and variance for an industrial building on unplatted property in -5- 12-6-77 Section 8, North of Highway 4413 was next reviewed. The APC recommended approval subject to a list of conditions. Bob Johnson appeared on behalf of the applicant. There was considerable discussion concerning the traffic expected to be generaeed ar. the intersection of Highway 413 and a question was raised as to whether an additional access should be granted to Highway 413 with access already at Meadow - view Road. One suggestion was that there be direct access across from Four Oaks Road, which eventually will be implemented because an easement for a service road had already been dedicated by the developer which owns the two warehouse buildings on Highway 413. Easements were reflected on a proposed plat and an application is being submitted to plat the property. Mr. Johnson indicated that there is no pla<i for the developer to use the property for other than warehouse purposes. There was also discussion concerning whether an Environmental Worksheet is necessary, and it appeared according to the staff that neither the EQB nor the BNR required an EAW or EIS. The staff recommended that no EAW be required because of the buffer caused by the railroad adjacent.to the Fort Snelling State Park area. Smith moved and Rydrych seconded a motion with all members voting in favor to approve the applica- tion subject to the recommendations of the APC sed that no EAW be required and further that.in the event that there is any change in use of the building for other than warehouse purposes, that City Council approval will be acquired. PROJEC': 4219 - DUCRWOOD ESTATES IMPROVEMENTS, The bide for street improvements for Project 4219 consisting of Duckwood Drive were next reviewed. The low bidder was Husting & Engstrom at $66,751, and the Engineer recommended approval. Polzin moved and Rahn seconded a motion to approve the low bid and award the contract. All members voted in favor. ES'P.A7E ZONING RECOMMENDATION. The Advisory Planning Commission recommended that the word ESTATE not be included in any sew plat submitted or approved by the City because of the confusion with the Estate Zoning classification. Polzin moved 12-6-77 and Rahn seconded a motion to approve and adopt the recommendation. All members voted in favor. FEDERAL ANTIRECESSION FUNDS. City Administrator Hedges indicated that $904 had been received in Federal Antirecession funds and recommended that it be used for salaries in the general fund. Smith moved and Rahn seconded a motion with all members voting yea to approve the recommendation. PROJECT IM7 - EAGAN HILLS IMPROVEMENTS. City Engineer Rosene indicated that the plans and specifications for Project #217 were not completed but would be completed at the next meeting. No action was taken. PROJECT #221 - UTILITY IMPROVEMENTS. The plans and specifications for Improve- ment Project #221 consisting of sanitary sewer, water, and storm sewer improvements for Duckwood Estates were submitted by City Engineer Rosene. Rahn moved and Smith seconded a motion that the plans and specifications be approved and accepted, and the Clerk be authorized to advertise for bids to be opened on January 12, 1977 at 3 p.m. at the City Hall. PROJECT X1180 - RAHN ROAD STREET IMPROVEMEN?S. The City Engineer recommended that the Council approve the completion of the Rahn Road Street improvements and make final payment of $26,920.82. Polzin moved and Smith seconded a motion to approve the recommendation, accept the street and make the final payment. PROJECT #168A - SISLEY TERMINAL STORM SEWER. The City Engineer recommended final approval of Project #168A consisting of storm sewer improvements in the Sib- ley Terminal Industrial Park area and that final payment be made to the contractor in the sum of $17,711.71. Rahn moved and Polzin seconded a motion with all members voting in favor to approve the recommendation, accept the project and make final payment. COUNTY ROAD TRAFFIC SIGNALS. A contract with Dakota County was submitted by Mr. Hedges for traffic signal lights at County Road X132 and Johnny Cake Ridge Road -7- 12-6-77 and another contract for County Road #32 and County Road #31 intersection. The first contract was for $63,000, and the City would be paying $26,000 with the second contract being $30,000, and the City paying $15,000. Mr. Hedges recommended' approval. Rahn moved and Smith seconded a motion with all members voting in favor to approve the contract. CONDITIONAL USE PERMIT RENEWALS. Conditional use permit renewals for Dakota Homes for the operation of a sales lot at 3660 Dodd Road and for John Bushnell for temporary storage building at 4890 South Robert Trail were submitted and recommended for renewal. Smith moved and Rydrych seconded a motion to approve the conditional use permits on the same basis as done previously. BARTON-McGRAY ADDITION DRAINAGE. The recommendation of the City Engineer at the request of MN/DOT to approve a temporary drainage easement permit on a part of Lots 3 and 4, Block 1, Barton-McGray Addition was next reviewed. Rahn moved and Rydrych seconded a motion to approve the permit as recommended by the City Engineer. CHES MAR DRIVE. The Engineer recceended the payment of $200 as final grading for that portion of Ches Mar Drive abutting the City property to be paid from the water fund. Polzin moved and Rahn seconded a motion with all members voting in favor to authorize the payment. DECEMBER 13, 1977 SPECIAL MEETING. It was noted that a special meeting of the City Council will be held at 6:30 p.m. on December 13 at the City Hall to discuss the 1978 budget, assessment policy, and miscellaneous other matters. ZOO ROAD SIGNS., City Administrator Hedges reviewed a proposal of the Zoological Society concerning signing for the Zoo on various county roads in the City. He outlined the locations and recommended approval of the locations for the signs. Smith moved and Rahn seconded a motion with all members voting yea to approve the locations proposed by the zoo board. -8- 12-6-77 SEALCOATING - 1977 PROJECT. City Administrator Hedges reviewed the 1977 seal - coating contract and indicated the bid originally was $23,000 with a proposed $6,653 change order. Rahn moved and Smith seconded a motion to approve the $6,653 change order to the 1977 sealcoating contract. MCC NORTH DISTRICT INTERCEPTOR.. Mr. Hedges and City Attorney Hauge explained to the Council the progress concerning the turn -over of the North District sanitary sewer interceptor to the NWCC and stated that the agreement was proposed to be completed prior to the end of 1977. It was noted that the financial arrangements were quite complex as is the assignment of the easements to the Commission. It was recommended that a request be made to the MCC for reimbursement of the City's consulting and administrative costs involved in the turn -over to the Commission. Rahn moved and Smith seconded a motion that the City staff pursue the proposed reimbursement to the City for the costs of turning over the interceptor to the MCC. PILOT KNOB ROAD COMMITTEE. Mayor Polzin announced the appointment of the following persons to a Pilot Knob Road Improvement Study: John Klein - Chairman, Joseph Harrison, Arnold Carlson, Roger Fredlund, Vincent Kennedy, Gene Abramson, Paul Taylor, Dale Vogt, and;Robert Losinski. CEDARVALE HIGHLANDS PARKING LOT. Mark Parranto appeared and recommended that the Council review the feasibility of additional barriers in the parking lot of Cedarvale Highlands to avoid cars from rolling down the hill and across Beau d'Rue Drive causing damage to buildings and property. The Public Works Director will be requested to review the matter. BILL AM ADJOURNMENT. Upon motion by Rahn, seconded Rydrych, all members voting in favor, it was RESOLVED that the bills according to the following schedule be approved: 5335 - 5427; 8133 - 8238. The meeting adjourned at approximately 11 p.m: PHH City Clerk -9- MINUTES OF A REGULAR MEETING OF THE EAGAN ASSESSMENT COMMI"'"EE MAN, MINNESOTA DECEMBER 1, 1977 A meeting of the Eagan Assessment Committee was held at the City Hall on December 1, 1977 at 7:30 p.m. Those present were Chairman Harrison, Vogt, and Rahn; also.present were Assessment Clerk Goers, City Clerk Bolke, City Administra- tor Hedges; City Attorney Hauge and City Engineer Rosene. Members Knight and Smith were absent. EASTER LUTHERAN CHURCH. Reverend James Borgechatz appeared and staff mem- bers explained the recommendation of the staff regarding payment of sanitary sewer assessments for the Easter Lutheran Church property on County Road #30 and #31. The recommendation was that there be no additional assessment because access for a sanitary sewer is from Easter Lane, and the developer had paid for the utility installation with an aver -sized connection. It was also understood that Larry Erdos, an owner adjacent to the church property on Pilot Knob, was permitted by the church to connect to its service line and because of the unique situation, the staff recommended that no additional assessments be levied against either property owner. It was suggested a letter be sent to the church and to W. Erdos explaining that a second connection to a private service is not the normal practice but that no assessment will be levied. Rahn moved and Vogt seconded a motion to recommend to the City Council the staff's recommendation. ASSESSMENT GUIDELINE POLICY. Administrator Hedges reviewed in detail with the Committee the rough draft assessment guideline policy dated July 21, 1977 prepared by the City staff under the direction of Tom Hedges and Ken Damlo. The guideline is intended to bring together the special assessment process, methods of assessment covering sanitary sewer, water, storm sewer, and streets, acquisi- tion of easements and miscellaneous other assessment related policies. A number of recommended revisions and additions were suggested by the Committee and staff -1- 12-1-77 present, and a'revised draft will be submitted to the City Council on December 13.. With the revisions as recommended by the Assessment Committee, the Committee wae'in favor of approval of the guidelines and that it be forwarded to the City Council for final review and approval. The meeting adjourned at about 10:00 p.m. PHH DATED : " SPECIAL MEETING CITY COUNCIL EAGAN, MINNESOTA CITY HALL DECEMBER 13, 1977 6:30 P.M. I. 6:30 - Roll Call and Pledge of Allegiance. II. 6:35 - Adopt Agenda and approval of minutes of December 6, 1977..meeting. III. 6:40 - DEPARTMENT HEAD BUSINESS. IV. 7:15 - OLD BUSINESS. V. 7:30 - NEW BUSINESS. A. Waiver of plat - Part of Lot 2, Robert O'Neil Homestead - RES Investment Company. B. Adoption of 1978 Budget. C. Approval of Assessment Policy. D. Trailer Permit - 1340 Rocky Lane - Sharon Staff. E. Improvement #217 - Eagan Hills I. Utilities - approval of plans and set date for accepting bids. VI. OTHER BUSINESS. A. On & Off Sale Beer Licenses Renewals. B. James Frisbee regarding Oak Chase C. Approve 1978 Conditional Use Renewals VII. Visitor's to be heard* VIII. Adjournment. *For those persons who are not on the agenda f . . , 0 • MINUTES OF A REGULAR MEETING OF THE EAGAWADVISORY PLANNING COMMISSION EAGAN, MINNESOTA' NOVEMBER 22, 1977 A regular meeting of the Eagan Advisory Planning Coslmiseion was held on Novem- ber 22, 1977 at 7 p.m. Those present were Chairman Harrison, Members Hedtke, Dem- broeki, Hall, Blomquist and Murphy; Member Sperling was absent. 6airman Harrison chaired the meeting. Also present were City Zoning Aid Dale Runkle, City Adminis- trator Hedges, City Engineer Gordon, and City Attorney Hauge. MINUTES. Upon motion by Murphy; seconded Blomquist, all members voting yes, it was RESOLVED that the minutes of the October 25, 1977 meeting be approved with the exception on page 5 that in relation to R.L. Johnson that the owners objected to the upgrading of Meadowview Road. .R.E.S. INVESTMENT COMPANY. The Chairman convened the hearing regarding the application of R.E.S. Investment Company for variance for waiver of platting to sell a part of the South 250 feet of Lot 2, Robert O'Neil Homestead, to General Coatings, Inc. Mr. Pete Parranto and Mr. James Imre were present on behalf of the applicants. There were no objections to the application; It was noted that 3.5 acres will be purchased, and General Coatings will then own 6.5 acres in the large platted lot. It was also understood that R.E.S. will develop the balance of the property as a P.D. when developed. Mr. Imre will submit a preliminary site plan of the area before construction, and it was further understood that the owner will be required to plat prior to the time of grant of a building permit or development on the balance of the parcel being acquired that was the subject of the application. Hall moved and Hedtke seconded a motion with all members voting in favor to recommend the variance with the understanding that the property will be platted prior to con- struction or development. OAK CHASE ADDITION WAIVER OF PLATTING. The next hearing concerned the applica- tion of Timberland Development Corporation for waiver of platting to divide four lots described as Lots 1 and 2. Block 2, Oak Chase 3rd Addition and Lots 5 and 6, -1- 11-22-77 Block 7, Oak Chase Let Addition, each into two separate parcels. The Northe..ly por- tion of each lot will be dedicated to the City for park purposes: Mr. Jades Frisbee appeared. After discussion, upon motion by Blomquist, seconded Dembro9ki, all mem- bers voting in favor, it was RESOLVED that the application be recommended for approval it being understood by Mr. James Frisbee, who was present; that the dedication of all of the property to the City for park purposes will be completed by January 1, 197b IAT 12, BLOCK 1, LETENDRE ADDITION PLAT WAIVER. The next hearing regarded the application of Mr. Gene Gullord for a variance for waiver of platting of Lot 12, Block 1, LeTendre Addition to divide a single-family lot fronting both on Heritage Lane and Donald Avenue. It was noted that utilities are in each of the streets, and that the hardship involved was the assessments against both parcels without permitting the split. It was also understood that at an earlier time when the utilities were installed that the Council at that time had committed itself to permitting the split of the lots which are extremely deep. There were no objections from neighboring property owners. Mr. Gullord indicated that the property will be used for single family purposes only. Hedtke moved and Blomquist seconded a motion to recommend approval on the basis of the hardship described above. DUCKWOOD ESTATES REZONING HEARING. The public hearing regarding the applica- tion of J.K.R. Company to rezone Duckwood Estates from R-4, Residential Multiple, to Residential Single was next convened. John Klein appeared for the applicant and indicated the Council recommended the rezoning. Hall moved and Hedtke seconded a motion with all members voting in favor to recommend approval of the application. CONDITIONAL USE PERMIT - GROUP DAY CARE LICENSE - LINDA SMITH. The public hearing regarding the application of Linda Smith for conditional use permit to consider a group day care license to accommodate 15 pre-schoolers at her home, described as Lot 16, Block 4, Cedar Grove No. 5 at 4028 Rahn Road, was next con- vened. Mrs. Smith appeared and indicated that six neighboring property owners had consented in writing to the conditional use permit. After discussion concerning -2- 0 0 11-22-77 the length of time for the conditional use permit and the need to restrict the permit for the use of Mrs. Smith only, Hedtke moved and Blomquist seconded a motion to recommend approval of the application subject to the conditions that all vehicles shall continue to stop or park in the driveway and not on the public street; that no more than 15 pre-school children shall be accommodated under the permit at one time, that the permit be granted for no longer than five years, and that the permit be granted for the exclusive use of Linda Smith only and may not be transferred to any other person. DREXEL HEIGHTS ADDITION AND PILOT KNOB HEIGHTS FIFTH ADDITION PRELIMINARY PLATS. Mr. Ralph Wohlers, representing Pilot Knob Prope ties, appeared and requested that the application for preliminary plat approval for Drexel Heights be continued until the next regular meeting, and further that the preliminary plat for Pilot Knob Heights Fifth Addition be continued until the next regular meeting. Upon motion by Blomquist, seconded Hedtke, all members voting yes, it was RESOLVED that the two public hearings described above be continued until the regular meeting in December. PILOT KNOB HEIGHTS P.D. REVIEW. At the request of Mr. Wohldrs, and upon motion by Hall, seconded Blomquist, it was RESOLVED that the review by the Planning Commis- sion of the Pilot Knob Heights Planned Development be continued until the next regular meeting. R.L. JOHNSON INVESTMENT COMPANY VARIANCE. A representative of Mr. Robert L. Johnson appeared on behalf of the request of R.L. Johnson Construction Development Inc, for a variance from platting covering property North of Highway #13. consisting of the Alexander Gravel Pit - DesLauriers property, and in addition, a building permit for a warehouse building on the site. A proposed preliminary plat for the property consisting of R.L. Johnson 1st Addition was reviewed indicating easements providing for 60 -foot right of way for Alexander Road to Highway X613. It also provided for interior utility easements and a 30 -foot easement to the Eagan storm drainage pond. Several neighboring owners were present but had no objections to -3- 11-22-77 the application. It was noted that the application for preliminary plat had not been cubuitted•, and tharefore, no public hearing on that application has been scheduled. There was a question of whether an environmental assessment is required due to its nearness to the Fort Snelling State Park. Also, there was discussion concerning a site plan for the building. Mr. Johnson reviewed the plans ,for the distribution warehouse and indicated trackage would run on the North side of the building. Hedtke moved and Dembroski seconded a motion with.all members voting in favor, except Hall who voted no, to recommend approval of the variance and the building permit, subject to the following: 1. That the applicant apply for preliminary plat approval and.complete plat- ting prior to occupancy. 2. That the City staff review the environmental assessment requirements to determine whether it is necessary to prepare such an assessment. 3. That the street access to Highway #13 be fully dedicated and improved to City industrial street standards. 4. That a landscape plan and internal improvements be approved by the City Planner. 5. That the applicant remove all debris and other structures from the property. 6. That approval of the Engineer and Building Inspector be acquired. EAGAN 40 PLANNED DEVELOPMENT. Mr. Dan Dolan appeared on behalf of the appli- cation of Eagan 40 for annual review of the Planned Development on County Road #30. City Administrator Hedges explained that the intention of the Planning Commission was to review the commercial zoning in the area of County Road #30, and the matter was continued until the next regular meeting to permit the staff to complete its report concerning commercial zoning.in the area. Upon motion by Hall, seconded Dembroski, all members voting in favor, it was RESOLVED that the application be held over to the next regular meeting. SOUTH DELAWARE HILLS PRELIMINARY PLAT REVISION. There was a question concerning -4- • 0 11-22-77 acceptance of park land in Inver Grove Heights and upon motion by Hall, seconded Murphy, all members voting yes, it was RESOLVED that the consideration of the revision of the preliminary plat be continued to the next regular meeting. RIDGEVIEW ACRES IAT SPLIT. City Attorney Hauge reviewed with the Planning Commission the mandamus action brought in Dakota County District Court by Daniel Findrick to split Lot 14, Block 3 in Ridgeview Acres. Mr. Hauge indicated that the findings and order have now been received from the Judge of District Court indicating that the Court upheld the City in denying the lot split. SPORTS STADIUM SITE. Chairman Harrison discussed with the Planning Commission his concern that the City Council should have referred the sports stadium site selec- tion issue to tho Advisory Planning Commission for review and recommendation. There was discussion concerning the role of the Sports Commission in approaching the City and the need for review by the City Council regarding the potential site. No action was taken. PIZZA INTERNATIONAL. It was noted that Pizza International had requested a beer and wine license for the site on which it is proposing to construct a pizza restaurant and office building adjacent to Power Tools on Highway #13. There was a question as to whether the application should have been referred to the Advisory Planning Commission, and it was recommended that the APC review the application for approval of the building permit in the future because of a number of planning issues, including street access. ESTATE ZONING CLASSIFICATION. After discussion, Hedtke moved and Blomquist seconded a motion that the APC recommend to the Council that no developer of land in Eagan use the name ESTATE in any plat unless Estate Zoning has been approved for that particular plat. Those voting in favor were Hedtke, Blomquist, Hall and Harrison; those against were Murphy and Dembroski, and the motion carried. DATED Upon motion duly made and seconded, the meeting adjourned at about 10:00 p.m.PHH -5- w2Vz�a�� MINUTES A REGULAR MEETING OF THE'ADVISORIOLANNING COMMISSION Eagan,_Minnesota November 22, 1977 A regular meeting of the Eagan Advisory Planning Commission was held on November, 22,• 1977 at 7 p. -m. ggjxKNjW X70 g� I'_Thoseu,present were Chairman Harrison, Members Hedtke,'Dembroski, Hall, amt Blomquist and Murphy; Member;Sperling was,absen�.,Chairman Hariison chaired the meeting. Also present were., -:City Dale Runkle, City Administrator Hedges, City Engineer Gordon, and City Attorney Hauge. . MINUTES. Upon motion by.ias Murphy, seconded Blomquist• all members voting yes, it was RESOLVED that the minutes of the October 25, 1977 meeting be approved with the exception on page 5 that in relation to R.L. Johnson that,the i owners objected to the upgrading of Meadowview Road. R.E.S. INVESTMENT'COMPANY. The Chairman convened,the hearing regarding the C application of R.E.S. Investment Company for variance for waiver of platting to sell a part of the'South 250 feet of Lot 2, Robert O'NeilHomestead', oto General Coating• Inc. Mr. Pete Parranto and Mr. James Imre were present on behalf of the applicants., There were no objections to the appl'ica It was noted that 3.5 acres will be purchased and General Coating, will then own 6.5 acres in the large platted.lot. It was also understoodthatR.E.S. will develop the balance of the property as a P.D. when developed. Mr.,Imre will submit a preliminary site plan of the area before construction, and it was further understood that_th/e� owner will be required to plat prior tothetime of grant of building c""- etton or development on the balance of the parcel being acquired.that was the subject of the application. recommend Hall moved and Hedtke seconded a motion with all members voting in favor to SRgxaxex the variance with the understanding that),the property will be platted prior to construction or development. OAK CHASE ADDITION WAIVER OF PLATTING..The next,hearing concerned the application of Timberland Development Corporation for waiver of, .platting to divide four lots, '3rd described as Lots 1 and 2, Block 2, Oak Chase/Addition and Lots 5.and 6, Block 7, Oak Chase 1st Addition each into two separate parcels. The Northerly portion of each lot will be dedicated to the City for park purposes. Mr, JAmes Frisbee appeared. • 1 . 0 2 voting in favor, it was RESOLVED that.the application be recommended for approval, _ it being understood by Mr. James,Frisbee, who was present, that the dedication of all of the property'to the City for park purposes will be'completed by January 1,' 1978. LOT 12, BLOCK.1, LETENDRE ADDITION PLAT NAIVER.. The next hearing regarded ' variance �°'' � ' the application of Mr. Gene Gullord for variance of platting Lot 12, Block 1, LeTendre Addition to divide a single-family lot fronting both on Heritage Lane and that` Donald,Avenue. It was noted that utilities are in each of the streets, and/the hardship involved was the assessments against both parcels without permitting the split. It was also understood that at an earlier time when .the utilities were .installed that the-Council,at that time had committed itself to permitting the split of the lots which are extremely deep. There were no objections from neighboring property owners. Mr. Gu llord indicated that the property will be used for single family purposes only. Hedtke, moved and Blom. at seconded a o t e motion to recommend approval 8hx8f�ieardship'`r. described above. DUCRWOOD ESTATES REZONING HEARING. The public hearing regarding the application of J.K.R. Company to -:rezone Duckwood Estates from R+4, Residential Multiple,to Residential Single.was next convened. John Klein appeared for the applicant and indicated the Council recommended the rezoning.s.gHall moved and Hedtke seconded n a motion with all members voting -in favor !to recommend approval of the application: CONDITIONAL USE PERMIT - GROUP DAY CARE.LICENSE - LINDA SMITH. The public hearing regarding the application of Linda Smith for conditional use permit to consider a group day care license to accow/adate 15 pre-schoolers at her home, .described as Lot 16, Block 4, Cedar Grove No.,5 at 4028 Rahn Road,was next cm Mrs. Smith appeared and -indicated that six neighboring property owners had consented in writing to'the conditional use permit. After discussion concerning the length of % time for the conditional use permit and the deed to restrict the permit in for the recommend use of,Mrs'. Smith only, Hedtke moved and Blomqui'st seconded a motion to/approvali`:r of the application subject toIf conditionithat all vehicles shall continue'to stop or park in the driveway and not on the public street, that no, more than 15 • • 3 pre-school children shall -be accommodated under the permit at one timep E- that.the permit be granted for no longer: than five yearstrfmr r that the permit.be granted for the exclusive use of Linda Smith 'only 'and nmay (phot be trans-- ferred to any other person../�'/)�v— DRML,HEIGHTS ADDITION PRELIMINARY.PLATMr. Ralph'rWohlers, representing Pilot Knob Properties, appeared and requested that the application.for preliminary plat,approval,for Drexel -Heights be continued until the.next regular meeting,_ and further that the preliminary plat for Pilot Knob Heights Fifth Addition be' 'continued until the'next,regular meeting: Upon motion by Btomquist, seconded Hedtke, all members.voting yes, it was RESOLVED that the two public hearings described above'be continued until the regular meeting in December, PILOT KNOB HEIGHTS P.D,REVIEW. At*the request of Mr. Wohlersr and upon motion by Hall, seconded Blomquist,it was RESOLVED that the by the Planning Commission of the Pilot Knob Heights Planned Development be continued until the next regular meeting. XXgXNXkWXKXMM R.L. JOHNSON INVESTMENT COMPANY..VARIANCE. A representative of Mr. Robert L. Johnson appeared on behalf kof the request of R.L. Johnson Construction Development Inc, for a.variance from tom¢-maYV£ platting covering property North of Highway #13, consisting of the.Alexander Gravel Pit - DesLauriers property, and in addition, regaestied a building permit for a warehouse building on the site. property A proposed preliminary plat for the .;>% /°consisting of R.L. Johnson.`lst Addition . was reviewed indicating'easemenis providing for 60 -foot right of way for Alexander i Roadto Highway #13. It also provided for interior utility -easements and a 30 -foot easement to the Eagan storm drainage pond. Several neighboring owners were present but had no objections:td the application. It was noted that the application for preliminary plat had not been submitted, and' therefore', khKm&xKax no,'public hearing. I on that application has been scheduled. There was a question of whether an environmental amp�mt assessment is required due to its nearness to the Fort Snelling State Park. a 0 4 Also, there was discussion concerning/site plan for the building. Mr. Johnson reviewed the plans for the distribution j*� warehouse and indicated trackage would run on the North side of the bumlding r Hedtke moved and Dembroski seconded a motion with all members voting in favor, except Hall who voted no,to recommend approval of the variance and the building permit, subject to the following: 1. That the applicant apply for preliminary plat approval and complete platting prior to occupancy. 2. That the City staff review the environmental assessment requirements to determine whether 'it hada a necessary to prepare such an &ISL- improved 3. That the street access to Highway #13 be fully dedicated and/ng to City. industrial street standards. 4. That a landscape plan and internal improvements be approved by the City Planner. 5. That the applicant remove all debris and other structures from the property. 6. That ae�r-Qt*er approval f hg the Engineer and Building Inspector a4sa�rom� EAGAN 40 PLANNED DEVELOPMENT. Mr. Dan Dolan appeared on behalf of the application of Eagan 40 for annual review of the Manned %velopment on County Road #30. City Administrator Hedges explained that the intention of the Planning Commission was to review the commercial zoning in the area of�,County �-Road 430, and the matter was continued until the next regular meeting a�t�the�staff he- complete u its report concerning commercial zoning in the area. Upon motion by Hall, seconded Dembroski, all members voting in favor, it was RESOLVED that the application be held over to the next regular meeting. 4 SOUTH DELAWARE HILLS PRELIMINARY PLAT REVISION. There was a question concerning acceptance of park land in Inver Grove Heights and upon motion by Hall,,seconded Murphy, all members voting yes, it was RESOLVED that the consideration of the revision of the preliminary plat be continues to the next regular meeting. RIDGEVIEW ACRES LOT SPLIT.. City Attorney Hauge reviewed with the Planning r • .5 Commission t./$ftndamus �• on brought'in Dakota County District Court'by Daniel Fendrick to split Lot 14, Block 3 in Ridgeview Acres. 'Mr. Hauge indicated that the findings and order have now been received from the Judge of District Court indicating that the Court upheld `the City Cbane#1 in denying the lot split. SPORTS STADIUM SITE. Chairman Harrison discussed with the Planning CES+— Commission his fevtti* that the City Council should have referred the sports stadium site selection issue to the Advisory Planning Commission for review and - recommendation. There was discussion concerning the role of the Sports Commission in approaching the 'City and the need for hxztffxinxaxd3miximn-xmnxkzkztfxmfxlimx review by the City Councilregarding the potential site. No action was taken. PIZZA INTERNATIONAL. It was noted that Pizza International had requested a beer and wine license for the site nit is proposing to contru=t a pizza restaurant and-'office'building adjacent to Power Tools on Highway #13. There was a question as to whether the application should have been referred to the Advisory Planning Commission, and it was recommended that the APC review the application for approval of the building permit' in the,future because of a number of planning issues; including street access. ESTATE ZONING CLASSIFICATION. After discussion, Hedtke moved and Blomquist seconded a motion that the,APC recommend, to the Council 'that no fn2ae developai a . of land in Eagan use the name ESTATE in any plat unless Estate Zoning has been approved for that particular plat. Those voting in favor were Hadtke, Blomquist, Hall -and Harrison; those against were Murphy and Dembroski, and .the motion carried. Upon motion dully made and seconded, the meeting adjourned at about 10:00 p.m 9 8 $HH r 9 8 $HH