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09/16/1985 - City Council Regular• • ADMINISTRATIVE AGENDA EAGAN CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 1985 CITY ATTORNEY CITY ADMINISTRATOR 1. Consulting Building Inspector 2. Composting Site Concept Plan 3. Personnel DIRECTOR OF PUBLIC WORKS 1. Project 436, Receive Final Assessment Roll/Schedule Public Hearing (Sun Cliff 4th & 5th Addition- Streets & Utilities) 2. Project 430, Receive Final Assessment Roll/Schedule Public Hearing (S & W Industrial Acres - Streets & Utilities) 3. Personnel - Superintendent of Streets/Equipment 4. Project $462, Receive Petition/Authorize Feasibility Report (Windtree 5th Addition - Streets & Utilities) / Y3 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 16, 1985 SUBJECT: ADMINISTRATOR AGENDA CITY ATTORNEY There are not items to be considered under City Attorney at this time. CITY ADMINISTRATOR Item 1. Consulting Building Inspector -- Mr. John Vuyovich is taking an indefinite leave of absence as one of the City's consulting building inspectors. The Chief Building Inspector felt it was necessary to review applicants with a plumbing background for a position of consulting combination inspector. It is the recommendation that Mr. Dirk House, a licensed master plumber and general contractor in the home building field be hired as the City's consulting building inspector to replace Mr. John Vuyovich. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the hiring of Mr. Dirk House as a City consulting building inspector. Item 2. Composting Site Concept Plan -- The City is proceeding with one of its two locations for a compost site which is to be located south of the Municipal Center on Pilot Knob Road. Enclosed on pages 1,fj through I& is a copy of the memo and site plan that was prepared by Scott Morgan, Parks & Recreation Intern. The other location is planned for property located northwest of the Cliff Road/Rahn Road intersection. A site concept plan for that location is being considered with the property owners at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the composting site concept plan for the Municipal Center site. Item 3. Personnel -- The City Administrator is recommending a _ suspension pending termination for Ann Goers, the City's Assess- ment Clerk. The reasons for the suspension and consideration of a termination were outlined in information that was sent out on Friday with the City Council packet. The City Administrator has met with Mayor Blomquist, Director of Public Works Colbert, Director of Finance VanOverbeke and John Rozack, the City's special legal counsel for personnel matters, to review the most recent personnel problems that have occurred during the past two (2) weeks. A new resolution and findings of fact will be prepared by Mr. Rozack and available for review by the City Council tomorrow evening. The resolution and findings of fact are very similar to those documents reviewed by the Council this past spring. The new documents will add the incidences that have occurred in the past • two (2) weeks. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 30 -day suspension of Ann Goers pending termination. /k/,/ DIRECTOR OF PUBLIC WORKS Item 1. Project 436, Receive Final Assessment Roll/Schedule Public Hearing (Sun Cliff 4th & 5th Addition - Streets & Utilities) -- With all construction completed and final costs tabulated for the installation of streets and utilities to the Sun Cliff 4th and 5th Addition under Project 436, the final assessment roll has been completed and forwarded to the Council for their consideration of scheduling the final assessment public hearing to be held on October 15. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assess- ment roll for Project 436 (Sun Cliff 4th & 5th Addition - streets and utilities) and schedule the final assessment public hearing to be held October 15, 1985. • Item 2. Project 430, Receive Final Assessment Roll/Schedule Public Hearing (S & W Industrial Acres - Streets & Utilities) -- All construction has been completed, final costs tabulated and the final assessment roll prepared for the installation of streets and utilities under Project 430 to service the S & W Industrial Acres. It would be in order for the Council to receive this final assessment roll and schedule the public hearing for October • 15. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assess- ment roll for Project 430 (S & W Industrial Acres - streets and utilities) and schedule the final assessment public hearing to be held October 15, 1985. Item 3. Personnel - Superintendent of Streets/Equipment -- After extensive advertising of the recent vacancy- created by the retirement of Bill Branch, the Public Works Director and Personnel Officer reviewed and evaluated over 60 applications for consideration in filling this position. Interviews were conducted with 12 applicants by the Director of Public Works, Personnel Officer and the superintendent of public works from the city of Brooklyn Park,with the four finalists being interviewed by the City Administrator, Director of Public Works and :Superinten- dent of Utilities on September 13. As a result of this interview selection process, the Public Works Director will be making a recommendation for Council consideration and approval at the meeting on September 17. If the recommended successful applicant is approved at this meeting, it would allow this current vacancy to be filled as soon as possible. U �K • DIRECTOR OF PUBLIC WORKS (continued) • Additional information about the recommended successful applicant will be provided for further discussion and review at the Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the staff's recommendation for the hiring of a Superintendent of Streets/Equip- ment to become effective as soon as possible. Item 4. Project No. 462, Receive Petition/Authorize Feasibility Report (Windtree 5th Addition - Streets & Utilities) -- We have received a petition requesting the preparation of a feasibility report for the installation of streets and utilities to service the Windtree 5th Addition which is the next phased construction of the overall approved preliminary plat for the Windtree Addition located in the northeast corner of Wescott Road and Elrene Road. The developers have guaranteed all costs associated with the preparation of this feasibility report if for some reason the project is not approved at the time of the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the preparation of a feasibility report for Project 462 (Windtree 5th Addition - streets and utilities) as requested by Richardson Properties, Inc. In MEMO TO: TOM HEDGES, CITY ADMINISTRATOR • /41P ROM: SCOTT MORGAN, PARKS & RECREATION INTERN DATE: SEPTEMBER 12, 1985 RE: COMPOSTING SITE CONCEPT PLAN CONCEPT DESIGN OVERVIEW The concept design of the City composting center meets the criteria previously approved by the City Council. Some changes have been proposed to the site to make it more attractive and usable. The following will briefly highlight some of the proposed changes: Addition of plant material on the north side of the site next to the Municipal Center access road. This will make the site more aesthetic and provide screening of the site. Moving the drainage ditch to the north which allows the site to greater utilize the available area. The proposed design allows the site to be expandable to the south if demand exceeds the proposed design. This design has good drainage, security, access and utilizes existing land, • contours to keep development cost at a minimum. The road and dumping area surface will be Class 5 gravel and be large enough for a vehicle and trailer to turn around. The plan also shows a separate area for leaves and grass, brush and wood chips. ACTION• Review and present to the City Council for approval. KV/SM/js • /67� a 19K • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 16, 1985 SUBJECT: ADDITIONAL INFORMATION FOR SEPTEMBER 17, 1985, CITY COUNCIL AGENDA PULBIC HEARINGS: I. Project 411 for Final Assessment Hearing -- Enclosed is a Notice of Objection filed to the City by Victor and Sharon Staff. This Notice of Objection includes several exhibits and other information, all relating to improvement Project No. 411 which represents proposed assessments for storm sewer improvements relating to Patrick Eagan Park and Birch Park Addition. There is no page number referencing the new attachment. NEW BUSINESS: D. Gene Bassett Reality for Eagles Nest Project -- The minutes were researched following the December 28, 1982, City Council action and for a copy of the minutes pertinent to the 50% handicap- ped/50% nonhandicapped,refer to page 159-A through 159-E. C� J 0 • NOTICE OF OBJECTION PROPOSED ASSESSMENT - IMPROVEMENT PROJECT NO. 411 To: Eagan City Administrator - Eagan City Council PLEASE TAKE NOTICE that the undersigned affected property owners, Sharon and Victor Staff, object to the proposed assessment of storm sewer improvements relating to Patrick Eagan Park and,Birch Park Addition - Improvement Priject No. 411. The undersigned occupy property containing approximately 3.7 acres commonly known as 1340 Rocky Lane legally described as follows: Lot Five (5), Block One (1), Skovdale 2nd On information and belief, the City of Eagan proposes to assess the undersigned owners at the rate of $743.00 per acre for a total sum of $2,749.00. The undersigned complainants allege that their property has not been benefited by the improvements relating to Project No. 411 based upon the following: 1. Project No. 411 provides for the construction of trunk storm sewer affecting ponds JP -6, JP -9 and JP -11 as designated in the Comprehensive Storm Sewer Plan. Pond JP -6 is located in the Birch Park Addition immediately to the west of complainants' property. Water runoff from the Birch Park Addition is dis- charged into Pond JP -6 hereto as Exhibit "A") (See Storm Sewer Layout Map, attached n LJ • U 2. On information and belief, as part of the 1978 Comprehensive Storm Sewer Plan it.was originally proposed that Pond JP -6 outlet by.means of a pumping facility to Pond JP -10 which, in turn would discharge by means of a gravity storm sewer to Pond JP -9. 3. At the request of the City of Eagan, the Department of Natural Resources (DNR) in 1981 determined the ordinary high water level (OHW) for Pond JP -6 to be 818.7 feet. The OHW. level is defined in Minnesota Statute 105.37, subd. 16, as being "the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape..." (See letter from David Leuthe, Area Hydrologist - DNR, attached hereto as Exhibit "B") 4.'Eagan's consulting engineering firm, Bonestroo, Rosene, Anderlick & Assoc., Inc. stated in the feasibility report to Project No. 411 that "since the DNR has recently established normal water levels.for Pond JP -6 and Pond JP -9 at 818.7 which is considerably higher than proposed in the Comprehensive Storm Sewer Plan, it now becomes feasible to outlet Pond JP -6 and Pond JP -9 to Pond JP. -11 by gravity storm sewer thus eliminating two pumping facilities." (See page 1 - Bonestroo report, attached hereto as Exhibit "C") 5. Complainants allege.that construction of Storm Sewer Project No. 411 has resulted in a significant raising of the water level of.Pond JP -6 causing Pond JP -6 to encroach upon and inundate their property. (See Affidavit of Sharon Staff attached hereto as Exhibit "D" and Dakota County Airial • Photograph attached hereto as Exhibit "E") 6. Complainants allege that construction of Project 411 not only has not benefited their property in any respect, it has resulted in a taking of their property for which they have not been compensated. Dated: • .• Victor V. Staff Sharon L. Staff NO 4MIOGE�r �! P6 �� 561 _ �tia.L�'�S7901 7R2B _4L.9.-7�--� I NOs 002. A B Y �'A_AD 1� D'ArCO. RD /28 a' gZ y SU9>,EY •�� -� • I� '�� BY9.7• I r uEUXrs lBi- "DSD nT: / I�I /I D� \ D+ TD ��-" 858.3 WESCO HILLS/ ucl� ILy_J�. •'�' / DP•23L�• DID g -o CP -12 R-.S,I CPI �� /�r' // 8910, rr ('" Q 'xESCOtt 826.3 ' 823.Or x=A / - I I2' 897.0 •0'LEA`XT 31RK, Be I p� I .r :: 0-C D A D -I r _ 829.6 f CARRIAGE 1.I i-� .� -.Y R HILLS E_% P-6 I. d , I. gg77��pp pP-22�' `r� I IY O�yGOSE I GARDEN L I%114 76.0 ,�\•� 88001 B9{�'��,,' i..lt-T1 I gY3' i 1 834% p1j C r*-, G+ 888822.. CEYTCR.LL._Li4�,�_ Gex 9 IIS_ �e JP- ��• JP-3 °lu 1•I�B3 -1 1-; �7 _�x i��j JRwoof � i CID - 111 �' Bi72� W _ B_BO :. l[ 7 -� � - �BB-42 I � 879.7 B B./ 8 40 I I i 3 JP -8 JE BBBi _ =' JP- \\ BBI'. 55 h 7 LA -I3 XB /I �� a k�d__ L. 3.31y I .JP-41JP-EJP-31 I 8783 I �JP• BP -I oA.�I' 880.4 �1r-i B9g 790.3 99d 'Y O BO/.O JP -3 �� - L - _ ESCOT Y _R Ir-' if +J -e - BLACKHAWKe (I CITYdun '. JP -5 BQ Q J s PARK Y / K �/ • /�gypp n 7921 �, JP -10 - ^° TCLQIi� P_ \ BOLO r r B20•e ,-I p� ei84 gy�JZp ` _ 1 4 \ q 809 .�I / a-- Y�83OCC of SQUARE ..r J977.6 �/o / __ ` I I J J e-AggPS_2$�'E \r I �Jpp 49 —� '" JP -21 f BP-j3-�� �I 96BD OVO�L� �r 8.300 6. 1C 840.3 X86 As 8-D , _ 2 - 3- L / 70.6 .JPS• 630.0 —r w •+LBB -41 :�TU1�. I _ -° RK T \ IDI1L J�P-"9'JOy _I 903 B•e / Jp BT °J ) g1�g� ` °ATRICK °T`�� BB4. ��J-° ip r' /920.2_ �J- jr. B'e Ir .8.30. EAGAft _ 89/.9i. BE �► OP -4 PaQK B764..3eryE�—� JP -29 B -B. 9 Wo l�97. OF A �i 4I r; o, �I r I SP -24f BP'S F i, X11--i�� r\P y1 �.� fv- - !" LP -43 BOO J-ee - �_ 9Div'�:T r 93.31F- 831.1 \ 780 n I `JP -2B IN' y-�- 10 �� m� �n,V _IBS 17 y 5nj s_ 8338 L c o ° Bir '/ ..:_:.• I - sir r y.r,l._i L, aD 4 �c, 7 ��: 1 BP -23 I "I r `. 2A 1 i_ _,� _ 6t-�L-, T 1 — c "'•'.'y TH0 �y �21f'i Y ;ILJ r y �I., ;•1�,^.I�yy LL�I I �V 9640 -50 LBM BP- � :901.X2--LILw1 _ 2 YLy $1a 2J ty I 1 _ PZTS urwrY sEXEKr 1 r wALXur 908.00 ' SnnT2ATEE OF A LIV 11V L52J��G=.1 " DEPARTMENT OF NATURAL RESOURCES • PHONENO. 296-7523 1200 Warner Road, St. Paul, MN 55106 September 3, 1985 Darrell Baska 3435 Washington Drive Suite 200 Eagan, MN 55122 RE: Ordinary High Water Level (OHW) Protected Wetland 1119-144W Dear Mr. Baska: At the request of the City of Eagan, we made OHW determinations for numerous basins in 1981. Protected Wetland 1119-144W (JP -6) was one of these. The Ordinary High Water Level is defined in Minnesota Statute §105.37, Subdivision 16, as being "the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave • evidence upon the landscape...." We determined the OHW for protected wetland 1119-144W to be 818.7. On July 9, 1984,.the City applied for a permit (#85-6017) to construct an outlet to this wetland as the water level was three to five feet above the OHW. After review of the application for consistency with our rules (Minnesota Rules §6115.0220 - §6115.0222, copy enclosed), the.permit was issued. On April 19, 1985, the City applied for a permit to construct a storm - water outfall structure into this wetland. After review of this applica- tion for consistency with our rules (Minnesota Rules S6115-0230 - §6115-0232, copy enclosed), this permit was also issued. If you have -any questions or, need additional information, please feel free to contact me at your convenience. Sincerely, � j -PIAL- - David Leuthe Area Hydrologist is dl71 enclosures AN EQUAL OPPORTUNITY EMPLOYER SCOPE: This project provides for the construction of trunk storm sewer from Pond JP -6 and Pond JP -9 (McCarthy Lake) to Pond JP -11 (Hurley Lake) as desig- nated in the Comprehensive Storm Sewer Plan. Pond JP -6 is located in the ex- isting Windcrest Addition which is presently being replated as Birch Park Ad- dition. Pond JP -9 is located in Patrick Eagan Park. FEASIBILITY AND RECOMMENDATION: This project is feasible from an engineering standpoint and is in accordance with the Comprehensive Storm Sewer Plan for the City of Eagan. The project as outlined herein can best be carried out as one contract. DISCUSSION: Trunk storm sewer proposed herein provides for constructing grav- ity storm sewer from Pond JP -6 to Pond JP -11 and from JP -9 to. Pond JP -11 as shown on the attacheddrawing. As part of the 1978 Comprehensive Storm Sewer Plan it was proposed that Pond JP -6 outlet by a pumping facility (L.S.-12) to Pond JP -10 which in turn would discharge by a gravity storm sewer to Pond JP -9. Pond JP -9 would then outlet by a pumping facility (L.S.-13) to Pond JP -11. However, since this time the Department of Natural Resources has re- cently established normal water levels for Pond JP -6 and Pond JP -9 at 818.7 which is considerably higher than proposed 'in the Comprehensive Storm Sewer Plan. As a result, it now becomes feasible to outlet Pond JP -6 and Pond JP -9 to Pond JP -11 by gravity, storm sewer thus eliminating two pumping facilities. As part of the 1984 Comprehensive Storm Sewer Plan Update a computer analysis was done to evaluate the effect of raising the normal water levels of these ponds and its effect on the high water level -based an a 100 year storm. As part of this analysis, the high water level for Pond JP -6, 8, 9, 10, 11 and 49 was determined to be 830.00. It was also assumed Pond JP -7 would discharge .directly into pond JP -8 thus by-passing Pond JP -38 as shownon the attached Page 1. 1560c EXHIBIT "D" • AFFIDAVIT OF SHARON L. STAFF Sharon Staff, having been duly sworn and under oath, states as follows: 1. Your affiant and her husband, Victor.Staff are present fee owners of property legally described as tot 5, Block 1, Skovdale 2nd Addition, City of Eaaan. 2. Your affiant has resided on the subject property from and since October 6, 1958. .3. From and since the date your affiant has occupied said property, water contained within the pond now designated as Pond JP -6 has never inundated affiant's property. Although,the northwest corner of the property would, on • occasion, become soggy in the spring -time, the land always dried and your affiant and her parents planted a garden on an annual basis in the north section of the property. 4. As development -commenced in the .surrounding,area in the late 1970's, Pond J9-6 accumulated additional water. In the Spring of 1984 water from Pond JP -6 inundated affiant's. property covering the northerly one arce. From and since the Spring of 1984 the water has continued to stand upon affiant's property. 5. Said standing water is.causing affiant's fence line posts to uproot and prevents your affiant from using the northerly one acre of the property. 6. Your affiant fails to realize any benefit accruing to the • property and believes the storm sewer project has caused a • diminution in her property value. Dated: % n Sharon L. Staff Subscribed and sworn to before me this day of September, 1985. DARREL A. 1.1 NOTARY PUBLIC "W sOTA DAKOTh Bbl. My Cummuuon upue.::ui 't. Id'!! Notary a 7T - --- 7-1 APC Minutes January 11, 1983 OVERBILL FARM FIRST ADDITION - WAIVER OF PLAT The hearing regarding the application of David Dehler and Overhill Properties, Inc. for waiver of subdivision regulations to split 7 duplex lots for individual ownership located on Lots 1 through 7, Block 2, Overhill Farm First Addition was convened by the Chairman. The final plat was approved for the first phase of Overhill Farm Addition in March of 1982 and the intention now is to provide for zero -lot lines and to split the lots to provide for separate ownership of each duplex unit. There were no objections with com- ments and questions on the R-2 use. Wilkins moved, McCrea seconded the motion to recommend approval subject to compliance with all applicable ordinances. All voted in favor. MANAGEMENT APPLICATIONS - CONDITIONAL USE PERMIT The hearing regarding the application of Management Applications and Innovations, Inc. and Thomas E. Truax for conditional use permit to allow more than 3 amusement devices at the new bar and restaurant at 3998 Sibley Memorial Highway was presented to the Planning Commission. Mr. Truax and Dave Maddis were present for the applicant. . Mr. Maddis indicated the intent is for res- taurant/bar with light lunches including about 60 seats. The objective is to have a maximum of 7 devices including juke box and pool table. It is not intended as an arcade. After discussion, Mulrooney moved, Turnham seconded the motion to recommend approval to allow four additional amusement devices plus the three originally approved, with a maximum of 7 total amusement de- vices, subject to all conditions provided in the Amusement Device Ordinance. All voted yea. BETTY BASSETT - MEADOWLANDS ADDITION - PUD AMENDMENT The application of Betty Bassett for clarification regarding an amendment -=-•to the Eagan Hills West Planned Development and to clarify the underlying zoning of Lots 101 through 104, Block 1, Meadowlands lst Addition was e presented to the Planning Commission members. The application further re- quested an R-2 Residential Double District underlying zoning. Ms. Bassett was present and explained her intent noting that she had submitted to the staff a request for clarification of underlying zoning, noting that the current zoning map indicates R-1 underlying the Planned Unit Development. A large number of neighboring property owners were present asking questions, some of whom ob- jected to the heavy density for the development. The actions in 1976 by the Advisory Planning Commission and the City Council were reviewed in some detail by the Planner and City Attorney, and also the Planning Commission members and Ms. Bassett indicated the purpose was to ask for clarification in ethe event that she cannot build the project for up to 32 persons. The original handi- capped housing project was for 32 persons and she indicated that some confu- sion has arisen because of the current state of the zoning. Her proposal now 151 3 1 APC Minutes January 11, 1983 is to include 18 persons with half handicapped and half staff rental. There are four residential lots with one sanitary sewer stub and Ms. Bassett indi- cated she understood the property included Agricultural zone underlying. A long discussion ensued with the Planning Commission members, neighbors present and the applicant concerning the previous zoning, the intention of the Planning Commission and Council in 1976 providing for approval of concept plan and preliminary plat approval, noting that the property has now been platted, the fact there is R-2 zoned use to the south, to the north there is a former farm home and outbuildings and the fact that the state statute provides for handicapped housing in single family and multiple family districts. Dennis Bowman spoke for neighbors and indicated their concerns are that of traffic, the impact on children in the neighborhood, the possibility of the use of half of the units for rental purposes, and the possible reversion from handicapped housing. Ms. Bassett indicated that the original real estate tax statements, after she first purchased the property, indicated underlying Agricultural zoning, but later was changed to R-1 underlying, which she felt was a mistake. The Planning Commission suggested that the staff investigate the back- ground of the application to a larger extent, including the plans, and the former underlying zoning. McCrea moved to recommend clarification of the underlying zoning of the four lots by the City Council, based upon staff research and the recollection of the City Council members, including the Agreement of 1976 between the City and Ms. Bassett. All voted in favor except Mulrooney who voted no. McCrea then moved to continue the hearing until the City Council clarifies its understanding as to the underlying zoning, with the understanding that the applicant may withdraw her application depending upon the Council's determination. Wold seconded the motion. All voted in favor. It was understood that the application will be presented at the February 1st, 1983 regular City Council meeting. ADJOURNMENT Upon motion by Wilkins, seconded McCrea, all voting in favor, it was resolved that the meeting adjourn at 9:45 p.m. �/ 4 Secretary PHH 1 Council Minutes of, ()IS January 18, 1983 OVERBILL PROPERTIES - WAIVER OF PLAT The application of Overhill Properties, Inc. for waiver of plat to divide twin home lots into individual ownership was submitted. Mr. Dehler was present and the Advisory Planning Commission, at its meeting on January 11, 1983 recommended approval, subject to certain conditions. After discussion, Egan moved, Smith seconded the motion to approve the application subject to. the recommendation of the Planning Commission, including compliance with all applicable ordinances. All voted yes. R 83-2 SEE PLAT FILE MANAGEMENT APPLICATIONS - CONDITIONAL USE PERMIT The application of Management Applications and Innovations, Inc. for conditional use permit to allow more than three amusement devices at the former A & W Restaurant at 3998 Sibley Memorial Highway was submitted to the Council. Tom Truax and Dave Maddis were present. The Advisory Planning Commission recommended approval subject to all conditions provided in the Amusement Device Ordinance. Smith moved, Thomas seconded the motion to ap- prove the application, subject to the same conditions. All voted yes. BETTY BASSERT - EAGAN BILLS WEST PLANNED DEVELOPMENT AMENDMENT The request of Betty Bassett of the Eagle's Nest Home for amendment to the Eagan Hills West Planned Development to allow a change in the proposed use and allow R-2 as underlying zoning was submitted to the Council. The staff recommended the Council continue consideration of the amendment until the February 1, 1983 meeting and upon motion by Wachter, seconded Egan, it was resolved that the application be continued until the February 1, 1983 meeting. All voted in favor. OFF -SALE LIQUOR LICENSE POLICY CHANGE .. AND MGM OFF -SALE LIQUOR LICENSE The request to consider a change in the liquor license policy to allow an additional off -sale liquor license in the Cedarvale area and also the applica- tion of MGM Liquors for off -sale liquor license were, upon motion by Wachter, seconded Egan, continued until the February 1, 1983 meeting. All voted in favor. 8 /5-j G Council Minutes February 1, 1983 EAGLE'S NEST ROME —BETTY BASSETT 0065 Application of Betty Bassett, Eagle's Nest Home for an amendment to the Eagan Hills West Planned Development to allow a change in the proposed Eagle's Nest Home and to allow R-2 as underlying zoning located on Lots 101 through 104, Block '1, Meadowlands 1st Addition, was next discussed. Mr. Hedges re- viewed the background of the application of Mrs. Bassett and stated a public hearing"was held by the Advisory Planning Commission on January 11, 1983 to consider the application. The amendment would include a request to change the - 32 person occupancy of Eagle's Nest Home for the handicapped to an 18 person facility and also to clarify the underlying zoning of the four lots. The Advisory Planning Commission recommended that the application be reviewed by the City Council to clarify the intent of the City Council when it acted upon the application for the home in 1976. The City staff, including City Attorney Paul Hauge, prepared a memorandum dated January 26, 1983 reviewing the history, and Dale Runkle attached copies of Minutes and other documents to the packet -distributed to the Council. Mrs. Bassett was present and stated that she wanted to remove the application for rezoning and requested that the City Council only consider clarification of the underlying use on the property within -the planned development for Eagan Hills West. She distributed copies of a July 20, 1976 letter from Charles Slocum, together with survey attached, indicating that Parcel 3 on the Hedlund survey of 1976 did not conform with the current four lots, but indicated that the intention was that Parcel 3 on that survey was the parcel that was originally intended for Eagle's Nest Home, consisting of two acres. It was noted that the acreage has now been reduced and that the lots had been included in Meadowland 1st Addition. Councilman Egan stated that the use should conform with the intent of the Advisory Planning Commission and Council of 1976. Councilman Smith noted that Planning Consultant Voss, in 1976, stated that the use was suitable and no rezoning was required; further, that a less dense use is being proposed at the present time. Councilman Wachter and Councilman Smith were on the Council in 1976 and Mayor Blomquist was on the Advisory Planning Commission, each of which spoke as to the recollection at that time when the application was submitted and approved. A number of neighboring property owners in Meadowlands Addition appeared, generally opposing the project. After extended discussion, Smith moved, Egan seconded the motion that the Council be on record acknowledging that the zoning of the property in 1976 at the time of the approval of the Eagle's- Nest"Home 32 unit facility, in 1976 or prior, was for a multiple residential use for reasons including the following: 1.` He noted that Consultant Voss in 1976, stated that the property in his Memorandum was suitable for the proposed use and that no rezoning was required. 2. That the proposal of Mrs. Bassett at the present time is for less dense use than that proposed in 1976. rJ 3. That in the event that there is a reversion to the underlying zoning, it could provide higher densities than the PUD concept if approved. /5'� O l Council Minutes February 1, 1983 Q()Gz(; 4. The developer had proposed in the original planned development, that the parcel be a proposed outlot, not a part of the single family district plat. 5. A building permit had been authorized in 1977 for 160 foot by 132 foot single -story structure. - 6. That the land use to the south is R-2, that there is a large former farm home to the north and that there are streets on the east and west; further, that the four lots are larger than the standard lots in Meadowlands 1st Addition; further, that the planned development allowed for cluster home use for up to 4 units per acre, which would appear to conform; that a town- house proposal was approved in 1976 which would appear to reflect approxi- mately an R-3 type zoning or use; that only one service stub was installed to service the property; now there are four lots so that it may, even under R-1 zoning, provide for up to six handicapped persons per lot. A number of the neighboring property owners had questions and comments, including objections to the proposal stating that the proposed use would be too dense and possibly the building would be too large for the site. Concerns were those of the impact on children, the claim that there would be a number of buses involved each day and the potential for converting the use to some other use. It was noted that the decision was unanimous in 1976 by the Council. Lowell Berg, a realtor, stated that the City staff had told him when he was selling homes in the area, that the lots were zoned R-1. Mary Olson, the owner of the farm home to the north, asked whether It's possible to build the same facility on the 1.37 remaining acres, and Ms. Bassett stated that the facility could be constructed and still conform with the ordinance requirements, noting that she has acquired a building permit for the project. There are a number of single family homes that have been built since the approval, and this appears to be the only change in the circumstances. Councilman Egan stated that the central issue is whether a change from 32 to 18 persons or units should constitute a rezoning and it was his opinion that no rezoning would be required. Those in favor were Smith, Egan, Blomquist and Thomas, against was Wachter. The motion was adopted. OFF -SALE LIQUOR LICENSE POLICY CHANGE AND MGM OFF -SALE LIQUOR LICENSE A request had been received from Michael Gresser requesting a change in the policy for the off -sale liquor license to accomodate an off -sale license in the Cedarvale Theatre Building. There was no appearance on behalf of the requesting party. It was further noted that an application had been requested by MGM Liquors for an off -sale license in the Theatre Building, but the application has not been submitted at the present time. Wachter moved, Egan seconded the motion to continue consideration of the issue until the March 1, 1983 meeting. All voted in favor. lt�E • • ADMINISTRATIVE AGENDA EAGAN CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 1985 CITY ATTORNEY CITY ADMINISTRATOR 1. Consulting Building Inspector 2. Composting Site Concept Plan 3. Personnel DIRECTOR OF PUBLIC WORKS 1. Project 436, Receive Final Assessment Roll/Schedule Public Hearing (Sun Cliff 4th & 5th Addition- Streets & Utilities) 2. Project 430, Receive Final Assessment Roll/Schedule Public Hearing (S & W Industrial Acres - Streets & Utilities) 3. Personnel - Superintendent of Streets/Equipment 4. Project $462, Receive Petition/Authorize Feasibility Report (Windtree 5th Addition - Streets & Utilities) / Y3 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 16, 1985 SUBJECT: ADMINISTRATOR AGENDA CITY ATTORNEY There are not items to be considered under City Attorney at this time. CITY ADMINISTRATOR Item 1. Consulting Building Inspector -- Mr. John Vuyovich is taking an indefinite leave of absence as one of the City's consulting building inspectors. The Chief Building Inspector felt it was necessary to review applicants with a plumbing background for a position of consulting combination inspector. It is the recommendation that Mr. Dirk House, a licensed master plumber and general contractor in the home building field be hired as the City's consulting building inspector to replace Mr. John Vuyovich. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the hiring of Mr. Dirk House as a City consulting building inspector. Item 2. Composting Site Concept Plan -- The City is proceeding with one of its two locations for a compost site which is to be located south of the Municipal Center on Pilot Knob Road. Enclosed on pages 1,fj through I& is a copy of the memo and site plan that was prepared by Scott Morgan, Parks & Recreation Intern. The other location is planned for property located northwest of the Cliff Road/Rahn Road intersection. A site concept plan for that location is being considered with the property owners at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the composting site concept plan for the Municipal Center site. Item 3. Personnel -- The City Administrator is recommending a _ suspension pending termination for Ann Goers, the City's Assess- ment Clerk. The reasons for the suspension and consideration of a termination were outlined in information that was sent out on Friday with the City Council packet. The City Administrator has met with Mayor Blomquist, Director of Public Works Colbert, Director of Finance VanOverbeke and John Rozack, the City's special legal counsel for personnel matters, to review the most recent personnel problems that have occurred during the past two (2) weeks. A new resolution and findings of fact will be prepared by Mr. Rozack and available for review by the City Council tomorrow evening. The resolution and findings of fact are very similar to those documents reviewed by the Council this past spring. The new documents will add the incidences that have occurred in the past • two (2) weeks. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 30 -day suspension of Ann Goers pending termination. /k/,/ DIRECTOR OF PUBLIC WORKS Item 1. Project 436, Receive Final Assessment Roll/Schedule Public Hearing (Sun Cliff 4th & 5th Addition - Streets & Utilities) -- With all construction completed and final costs tabulated for the installation of streets and utilities to the Sun Cliff 4th and 5th Addition under Project 436, the final assessment roll has been completed and forwarded to the Council for their consideration of scheduling the final assessment public hearing to be held on October 15. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assess- ment roll for Project 436 (Sun Cliff 4th & 5th Addition - streets and utilities) and schedule the final assessment public hearing to be held October 15, 1985. • Item 2. Project 430, Receive Final Assessment Roll/Schedule Public Hearing (S & W Industrial Acres - Streets & Utilities) -- All construction has been completed, final costs tabulated and the final assessment roll prepared for the installation of streets and utilities under Project 430 to service the S & W Industrial Acres. It would be in order for the Council to receive this final assessment roll and schedule the public hearing for October • 15. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the final assess- ment roll for Project 430 (S & W Industrial Acres - streets and utilities) and schedule the final assessment public hearing to be held October 15, 1985. Item 3. Personnel - Superintendent of Streets/Equipment -- After extensive advertising of the recent vacancy- created by the retirement of Bill Branch, the Public Works Director and Personnel Officer reviewed and evaluated over 60 applications for consideration in filling this position. Interviews were conducted with 12 applicants by the Director of Public Works, Personnel Officer and the superintendent of public works from the city of Brooklyn Park,with the four finalists being interviewed by the City Administrator, Director of Public Works and :Superinten- dent of Utilities on September 13. As a result of this interview selection process, the Public Works Director will be making a recommendation for Council consideration and approval at the meeting on September 17. If the recommended successful applicant is approved at this meeting, it would allow this current vacancy to be filled as soon as possible. U �K • DIRECTOR OF PUBLIC WORKS (continued) • Additional information about the recommended successful applicant will be provided for further discussion and review at the Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the staff's recommendation for the hiring of a Superintendent of Streets/Equip- ment to become effective as soon as possible. Item 4. Project No. 462, Receive Petition/Authorize Feasibility Report (Windtree 5th Addition - Streets & Utilities) -- We have received a petition requesting the preparation of a feasibility report for the installation of streets and utilities to service the Windtree 5th Addition which is the next phased construction of the overall approved preliminary plat for the Windtree Addition located in the northeast corner of Wescott Road and Elrene Road. The developers have guaranteed all costs associated with the preparation of this feasibility report if for some reason the project is not approved at the time of the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the preparation of a feasibility report for Project 462 (Windtree 5th Addition - streets and utilities) as requested by Richardson Properties, Inc. In MEMO TO: TOM HEDGES, CITY ADMINISTRATOR • /41P ROM: SCOTT MORGAN, PARKS & RECREATION INTERN DATE: SEPTEMBER 12, 1985 RE: COMPOSTING SITE CONCEPT PLAN CONCEPT DESIGN OVERVIEW The concept design of the City composting center meets the criteria previously approved by the City Council. Some changes have been proposed to the site to make it more attractive and usable. The following will briefly highlight some of the proposed changes: Addition of plant material on the north side of the site next to the Municipal Center access road. This will make the site more aesthetic and provide screening of the site. Moving the drainage ditch to the north which allows the site to greater utilize the available area. The proposed design allows the site to be expandable to the south if demand exceeds the proposed design. This design has good drainage, security, access and utilizes existing land, • contours to keep development cost at a minimum. The road and dumping area surface will be Class 5 gravel and be large enough for a vehicle and trailer to turn around. The plan also shows a separate area for leaves and grass, brush and wood chips. ACTION• Review and present to the City Council for approval. KV/SM/js • /67� a 19K • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 16, 1985 SUBJECT: ADDITIONAL INFORMATION FOR SEPTEMBER 17, 1985, CITY COUNCIL AGENDA PULBIC HEARINGS: I. Project 411 for Final Assessment Hearing -- Enclosed is a Notice of Objection filed to the City by Victor and Sharon Staff. This Notice of Objection includes several exhibits and other information, all relating to improvement Project No. 411 which represents proposed assessments for storm sewer improvements relating to Patrick Eagan Park and Birch Park Addition. There is no page number referencing the new attachment. NEW BUSINESS: D. Gene Bassett Reality for Eagles Nest Project -- The minutes were researched following the December 28, 1982, City Council action and for a copy of the minutes pertinent to the 50% handicap- ped/50% nonhandicapped,refer to page 159-A through 159-E. C� J 0 • NOTICE OF OBJECTION PROPOSED ASSESSMENT - IMPROVEMENT PROJECT NO. 411 To: Eagan City Administrator - Eagan City Council PLEASE TAKE NOTICE that the undersigned affected property owners, Sharon and Victor Staff, object to the proposed assessment of storm sewer improvements relating to Patrick Eagan Park and,Birch Park Addition - Improvement Priject No. 411. The undersigned occupy property containing approximately 3.7 acres commonly known as 1340 Rocky Lane legally described as follows: Lot Five (5), Block One (1), Skovdale 2nd On information and belief, the City of Eagan proposes to assess the undersigned owners at the rate of $743.00 per acre for a total sum of $2,749.00. The undersigned complainants allege that their property has not been benefited by the improvements relating to Project No. 411 based upon the following: 1. Project No. 411 provides for the construction of trunk storm sewer affecting ponds JP -6, JP -9 and JP -11 as designated in the Comprehensive Storm Sewer Plan. Pond JP -6 is located in the Birch Park Addition immediately to the west of complainants' property. Water runoff from the Birch Park Addition is dis- charged into Pond JP -6 hereto as Exhibit "A") (See Storm Sewer Layout Map, attached n LJ • U 2. On information and belief, as part of the 1978 Comprehensive Storm Sewer Plan it.was originally proposed that Pond JP -6 outlet by.means of a pumping facility to Pond JP -10 which, in turn would discharge by means of a gravity storm sewer to Pond JP -9. 3. At the request of the City of Eagan, the Department of Natural Resources (DNR) in 1981 determined the ordinary high water level (OHW) for Pond JP -6 to be 818.7 feet. The OHW. level is defined in Minnesota Statute 105.37, subd. 16, as being "the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape..." (See letter from David Leuthe, Area Hydrologist - DNR, attached hereto as Exhibit "B") 4.'Eagan's consulting engineering firm, Bonestroo, Rosene, Anderlick & Assoc., Inc. stated in the feasibility report to Project No. 411 that "since the DNR has recently established normal water levels.for Pond JP -6 and Pond JP -9 at 818.7 which is considerably higher than proposed in the Comprehensive Storm Sewer Plan, it now becomes feasible to outlet Pond JP -6 and Pond JP -9 to Pond JP. -11 by gravity storm sewer thus eliminating two pumping facilities." (See page 1 - Bonestroo report, attached hereto as Exhibit "C") 5. Complainants allege.that construction of Storm Sewer Project No. 411 has resulted in a significant raising of the water level of.Pond JP -6 causing Pond JP -6 to encroach upon and inundate their property. (See Affidavit of Sharon Staff attached hereto as Exhibit "D" and Dakota County Airial • Photograph attached hereto as Exhibit "E") 6. Complainants allege that construction of Project 411 not only has not benefited their property in any respect, it has resulted in a taking of their property for which they have not been compensated. Dated: • .• Victor V. Staff Sharon L. Staff NO 4MIOGE�r �! P6 �� 561 _ �tia.L�'�S7901 7R2B _4L.9.-7�--� I NOs 002. A B Y �'A_AD 1� D'ArCO. RD /28 a' gZ y SU9>,EY •�� -� • I� '�� BY9.7• I r uEUXrs lBi- "DSD nT: / I�I /I D� \ D+ TD ��-" 858.3 WESCO HILLS/ ucl� ILy_J�. •'�' / DP•23L�• DID g -o CP -12 R-.S,I CPI �� /�r' // 8910, rr ('" Q 'xESCOtt 826.3 ' 823.Or x=A / - I I2' 897.0 •0'LEA`XT 31RK, Be I p� I .r :: 0-C D A D -I r _ 829.6 f CARRIAGE 1.I i-� .� -.Y R HILLS E_% P-6 I. d , I. gg77��pp pP-22�' `r� I IY O�yGOSE I GARDEN L I%114 76.0 ,�\•� 88001 B9{�'��,,' i..lt-T1 I gY3' i 1 834% p1j C r*-, G+ 888822.. CEYTCR.LL._Li4�,�_ Gex 9 IIS_ �e JP- ��• JP-3 °lu 1•I�B3 -1 1-; �7 _�x i��j JRwoof � i CID - 111 �' Bi72� W _ B_BO :. l[ 7 -� � - �BB-42 I � 879.7 B B./ 8 40 I I i 3 JP -8 JE BBBi _ =' JP- \\ BBI'. 55 h 7 LA -I3 XB /I �� a k�d__ L. 3.31y I .JP-41JP-EJP-31 I 8783 I �JP• BP -I oA.�I' 880.4 �1r-i B9g 790.3 99d 'Y O BO/.O JP -3 �� - L - _ ESCOT Y _R Ir-' if +J -e - BLACKHAWKe (I CITYdun '. JP -5 BQ Q J s PARK Y / K �/ • /�gypp n 7921 �, JP -10 - ^° TCLQIi� P_ \ BOLO r r B20•e ,-I p� ei84 gy�JZp ` _ 1 4 \ q 809 .�I / a-- Y�83OCC of SQUARE ..r J977.6 �/o / __ ` I I J J e-AggPS_2$�'E \r I �Jpp 49 —� '" JP -21 f BP-j3-�� �I 96BD OVO�L� �r 8.300 6. 1C 840.3 X86 As 8-D , _ 2 - 3- L / 70.6 .JPS• 630.0 —r w •+LBB -41 :�TU1�. I _ -° RK T \ IDI1L J�P-"9'JOy _I 903 B•e / Jp BT °J ) g1�g� ` °ATRICK °T`�� BB4. ��J-° ip r' /920.2_ �J- jr. B'e Ir .8.30. EAGAft _ 89/.9i. BE �► OP -4 PaQK B764..3eryE�—� JP -29 B -B. 9 Wo l�97. OF A �i 4I r; o, �I r I SP -24f BP'S F i, X11--i�� r\P y1 �.� fv- - !" LP -43 BOO J-ee - �_ 9Div'�:T r 93.31F- 831.1 \ 780 n I `JP -2B IN' y-�- 10 �� m� �n,V _IBS 17 y 5nj s_ 8338 L c o ° Bir '/ ..:_:.• I - sir r y.r,l._i L, aD 4 �c, 7 ��: 1 BP -23 I "I r `. 2A 1 i_ _,� _ 6t-�L-, T 1 — c "'•'.'y TH0 �y �21f'i Y ;ILJ r y �I., ;•1�,^.I�yy LL�I I �V 9640 -50 LBM BP- � :901.X2--LILw1 _ 2 YLy $1a 2J ty I 1 _ PZTS urwrY sEXEKr 1 r wALXur 908.00 ' SnnT2ATEE OF A LIV 11V L52J��G=.1 " DEPARTMENT OF NATURAL RESOURCES • PHONENO. 296-7523 1200 Warner Road, St. Paul, MN 55106 September 3, 1985 Darrell Baska 3435 Washington Drive Suite 200 Eagan, MN 55122 RE: Ordinary High Water Level (OHW) Protected Wetland 1119-144W Dear Mr. Baska: At the request of the City of Eagan, we made OHW determinations for numerous basins in 1981. Protected Wetland 1119-144W (JP -6) was one of these. The Ordinary High Water Level is defined in Minnesota Statute §105.37, Subdivision 16, as being "the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave • evidence upon the landscape...." We determined the OHW for protected wetland 1119-144W to be 818.7. On July 9, 1984,.the City applied for a permit (#85-6017) to construct an outlet to this wetland as the water level was three to five feet above the OHW. After review of the application for consistency with our rules (Minnesota Rules §6115.0220 - §6115.0222, copy enclosed), the.permit was issued. On April 19, 1985, the City applied for a permit to construct a storm - water outfall structure into this wetland. After review of this applica- tion for consistency with our rules (Minnesota Rules S6115-0230 - §6115-0232, copy enclosed), this permit was also issued. If you have -any questions or, need additional information, please feel free to contact me at your convenience. Sincerely, � j -PIAL- - David Leuthe Area Hydrologist is dl71 enclosures AN EQUAL OPPORTUNITY EMPLOYER SCOPE: This project provides for the construction of trunk storm sewer from Pond JP -6 and Pond JP -9 (McCarthy Lake) to Pond JP -11 (Hurley Lake) as desig- nated in the Comprehensive Storm Sewer Plan. Pond JP -6 is located in the ex- isting Windcrest Addition which is presently being replated as Birch Park Ad- dition. Pond JP -9 is located in Patrick Eagan Park. FEASIBILITY AND RECOMMENDATION: This project is feasible from an engineering standpoint and is in accordance with the Comprehensive Storm Sewer Plan for the City of Eagan. The project as outlined herein can best be carried out as one contract. DISCUSSION: Trunk storm sewer proposed herein provides for constructing grav- ity storm sewer from Pond JP -6 to Pond JP -11 and from JP -9 to. Pond JP -11 as shown on the attacheddrawing. As part of the 1978 Comprehensive Storm Sewer Plan it was proposed that Pond JP -6 outlet by a pumping facility (L.S.-12) to Pond JP -10 which in turn would discharge by a gravity storm sewer to Pond JP -9. Pond JP -9 would then outlet by a pumping facility (L.S.-13) to Pond JP -11. However, since this time the Department of Natural Resources has re- cently established normal water levels for Pond JP -6 and Pond JP -9 at 818.7 which is considerably higher than proposed 'in the Comprehensive Storm Sewer Plan. As a result, it now becomes feasible to outlet Pond JP -6 and Pond JP -9 to Pond JP -11 by gravity, storm sewer thus eliminating two pumping facilities. As part of the 1984 Comprehensive Storm Sewer Plan Update a computer analysis was done to evaluate the effect of raising the normal water levels of these ponds and its effect on the high water level -based an a 100 year storm. As part of this analysis, the high water level for Pond JP -6, 8, 9, 10, 11 and 49 was determined to be 830.00. It was also assumed Pond JP -7 would discharge .directly into pond JP -8 thus by-passing Pond JP -38 as shownon the attached Page 1. 1560c EXHIBIT "D" • AFFIDAVIT OF SHARON L. STAFF Sharon Staff, having been duly sworn and under oath, states as follows: 1. Your affiant and her husband, Victor.Staff are present fee owners of property legally described as tot 5, Block 1, Skovdale 2nd Addition, City of Eaaan. 2. Your affiant has resided on the subject property from and since October 6, 1958. .3. From and since the date your affiant has occupied said property, water contained within the pond now designated as Pond JP -6 has never inundated affiant's property. Although,the northwest corner of the property would, on • occasion, become soggy in the spring -time, the land always dried and your affiant and her parents planted a garden on an annual basis in the north section of the property. 4. As development -commenced in the .surrounding,area in the late 1970's, Pond J9-6 accumulated additional water. In the Spring of 1984 water from Pond JP -6 inundated affiant's. property covering the northerly one arce. From and since the Spring of 1984 the water has continued to stand upon affiant's property. 5. Said standing water is.causing affiant's fence line posts to uproot and prevents your affiant from using the northerly one acre of the property. 6. Your affiant fails to realize any benefit accruing to the • property and believes the storm sewer project has caused a • diminution in her property value. Dated: % n Sharon L. Staff Subscribed and sworn to before me this day of September, 1985. DARREL A. 1.1 NOTARY PUBLIC "W sOTA DAKOTh Bbl. My Cummuuon upue.::ui 't. Id'!! Notary a 7T - --- 7-1 APC Minutes January 11, 1983 OVERBILL FARM FIRST ADDITION - WAIVER OF PLAT The hearing regarding the application of David Dehler and Overhill Properties, Inc. for waiver of subdivision regulations to split 7 duplex lots for individual ownership located on Lots 1 through 7, Block 2, Overhill Farm First Addition was convened by the Chairman. The final plat was approved for the first phase of Overhill Farm Addition in March of 1982 and the intention now is to provide for zero -lot lines and to split the lots to provide for separate ownership of each duplex unit. There were no objections with com- ments and questions on the R-2 use. Wilkins moved, McCrea seconded the motion to recommend approval subject to compliance with all applicable ordinances. All voted in favor. MANAGEMENT APPLICATIONS - CONDITIONAL USE PERMIT The hearing regarding the application of Management Applications and Innovations, Inc. and Thomas E. Truax for conditional use permit to allow more than 3 amusement devices at the new bar and restaurant at 3998 Sibley Memorial Highway was presented to the Planning Commission. Mr. Truax and Dave Maddis were present for the applicant. . Mr. Maddis indicated the intent is for res- taurant/bar with light lunches including about 60 seats. The objective is to have a maximum of 7 devices including juke box and pool table. It is not intended as an arcade. After discussion, Mulrooney moved, Turnham seconded the motion to recommend approval to allow four additional amusement devices plus the three originally approved, with a maximum of 7 total amusement de- vices, subject to all conditions provided in the Amusement Device Ordinance. All voted yea. BETTY BASSETT - MEADOWLANDS ADDITION - PUD AMENDMENT The application of Betty Bassett for clarification regarding an amendment -=-•to the Eagan Hills West Planned Development and to clarify the underlying zoning of Lots 101 through 104, Block 1, Meadowlands lst Addition was e presented to the Planning Commission members. The application further re- quested an R-2 Residential Double District underlying zoning. Ms. Bassett was present and explained her intent noting that she had submitted to the staff a request for clarification of underlying zoning, noting that the current zoning map indicates R-1 underlying the Planned Unit Development. A large number of neighboring property owners were present asking questions, some of whom ob- jected to the heavy density for the development. The actions in 1976 by the Advisory Planning Commission and the City Council were reviewed in some detail by the Planner and City Attorney, and also the Planning Commission members and Ms. Bassett indicated the purpose was to ask for clarification in ethe event that she cannot build the project for up to 32 persons. The original handi- capped housing project was for 32 persons and she indicated that some confu- sion has arisen because of the current state of the zoning. Her proposal now 151 3 1 APC Minutes January 11, 1983 is to include 18 persons with half handicapped and half staff rental. There are four residential lots with one sanitary sewer stub and Ms. Bassett indi- cated she understood the property included Agricultural zone underlying. A long discussion ensued with the Planning Commission members, neighbors present and the applicant concerning the previous zoning, the intention of the Planning Commission and Council in 1976 providing for approval of concept plan and preliminary plat approval, noting that the property has now been platted, the fact there is R-2 zoned use to the south, to the north there is a former farm home and outbuildings and the fact that the state statute provides for handicapped housing in single family and multiple family districts. Dennis Bowman spoke for neighbors and indicated their concerns are that of traffic, the impact on children in the neighborhood, the possibility of the use of half of the units for rental purposes, and the possible reversion from handicapped housing. Ms. Bassett indicated that the original real estate tax statements, after she first purchased the property, indicated underlying Agricultural zoning, but later was changed to R-1 underlying, which she felt was a mistake. The Planning Commission suggested that the staff investigate the back- ground of the application to a larger extent, including the plans, and the former underlying zoning. McCrea moved to recommend clarification of the underlying zoning of the four lots by the City Council, based upon staff research and the recollection of the City Council members, including the Agreement of 1976 between the City and Ms. Bassett. All voted in favor except Mulrooney who voted no. McCrea then moved to continue the hearing until the City Council clarifies its understanding as to the underlying zoning, with the understanding that the applicant may withdraw her application depending upon the Council's determination. Wold seconded the motion. All voted in favor. It was understood that the application will be presented at the February 1st, 1983 regular City Council meeting. ADJOURNMENT Upon motion by Wilkins, seconded McCrea, all voting in favor, it was resolved that the meeting adjourn at 9:45 p.m. �/ 4 Secretary PHH 1 Council Minutes of, ()IS January 18, 1983 OVERBILL PROPERTIES - WAIVER OF PLAT The application of Overhill Properties, Inc. for waiver of plat to divide twin home lots into individual ownership was submitted. Mr. Dehler was present and the Advisory Planning Commission, at its meeting on January 11, 1983 recommended approval, subject to certain conditions. After discussion, Egan moved, Smith seconded the motion to approve the application subject to. the recommendation of the Planning Commission, including compliance with all applicable ordinances. All voted yes. R 83-2 SEE PLAT FILE MANAGEMENT APPLICATIONS - CONDITIONAL USE PERMIT The application of Management Applications and Innovations, Inc. for conditional use permit to allow more than three amusement devices at the former A & W Restaurant at 3998 Sibley Memorial Highway was submitted to the Council. Tom Truax and Dave Maddis were present. The Advisory Planning Commission recommended approval subject to all conditions provided in the Amusement Device Ordinance. Smith moved, Thomas seconded the motion to ap- prove the application, subject to the same conditions. All voted yes. BETTY BASSERT - EAGAN BILLS WEST PLANNED DEVELOPMENT AMENDMENT The request of Betty Bassett of the Eagle's Nest Home for amendment to the Eagan Hills West Planned Development to allow a change in the proposed use and allow R-2 as underlying zoning was submitted to the Council. The staff recommended the Council continue consideration of the amendment until the February 1, 1983 meeting and upon motion by Wachter, seconded Egan, it was resolved that the application be continued until the February 1, 1983 meeting. All voted in favor. OFF -SALE LIQUOR LICENSE POLICY CHANGE .. AND MGM OFF -SALE LIQUOR LICENSE The request to consider a change in the liquor license policy to allow an additional off -sale liquor license in the Cedarvale area and also the applica- tion of MGM Liquors for off -sale liquor license were, upon motion by Wachter, seconded Egan, continued until the February 1, 1983 meeting. All voted in favor. 8 /5-j G Council Minutes February 1, 1983 EAGLE'S NEST ROME —BETTY BASSETT 0065 Application of Betty Bassett, Eagle's Nest Home for an amendment to the Eagan Hills West Planned Development to allow a change in the proposed Eagle's Nest Home and to allow R-2 as underlying zoning located on Lots 101 through 104, Block '1, Meadowlands 1st Addition, was next discussed. Mr. Hedges re- viewed the background of the application of Mrs. Bassett and stated a public hearing"was held by the Advisory Planning Commission on January 11, 1983 to consider the application. The amendment would include a request to change the - 32 person occupancy of Eagle's Nest Home for the handicapped to an 18 person facility and also to clarify the underlying zoning of the four lots. The Advisory Planning Commission recommended that the application be reviewed by the City Council to clarify the intent of the City Council when it acted upon the application for the home in 1976. The City staff, including City Attorney Paul Hauge, prepared a memorandum dated January 26, 1983 reviewing the history, and Dale Runkle attached copies of Minutes and other documents to the packet -distributed to the Council. Mrs. Bassett was present and stated that she wanted to remove the application for rezoning and requested that the City Council only consider clarification of the underlying use on the property within -the planned development for Eagan Hills West. She distributed copies of a July 20, 1976 letter from Charles Slocum, together with survey attached, indicating that Parcel 3 on the Hedlund survey of 1976 did not conform with the current four lots, but indicated that the intention was that Parcel 3 on that survey was the parcel that was originally intended for Eagle's Nest Home, consisting of two acres. It was noted that the acreage has now been reduced and that the lots had been included in Meadowland 1st Addition. Councilman Egan stated that the use should conform with the intent of the Advisory Planning Commission and Council of 1976. Councilman Smith noted that Planning Consultant Voss, in 1976, stated that the use was suitable and no rezoning was required; further, that a less dense use is being proposed at the present time. Councilman Wachter and Councilman Smith were on the Council in 1976 and Mayor Blomquist was on the Advisory Planning Commission, each of which spoke as to the recollection at that time when the application was submitted and approved. A number of neighboring property owners in Meadowlands Addition appeared, generally opposing the project. After extended discussion, Smith moved, Egan seconded the motion that the Council be on record acknowledging that the zoning of the property in 1976 at the time of the approval of the Eagle's- Nest"Home 32 unit facility, in 1976 or prior, was for a multiple residential use for reasons including the following: 1.` He noted that Consultant Voss in 1976, stated that the property in his Memorandum was suitable for the proposed use and that no rezoning was required. 2. That the proposal of Mrs. Bassett at the present time is for less dense use than that proposed in 1976. rJ 3. That in the event that there is a reversion to the underlying zoning, it could provide higher densities than the PUD concept if approved. /5'� O l Council Minutes February 1, 1983 Q()Gz(; 4. The developer had proposed in the original planned development, that the parcel be a proposed outlot, not a part of the single family district plat. 5. A building permit had been authorized in 1977 for 160 foot by 132 foot single -story structure. - 6. That the land use to the south is R-2, that there is a large former farm home to the north and that there are streets on the east and west; further, that the four lots are larger than the standard lots in Meadowlands 1st Addition; further, that the planned development allowed for cluster home use for up to 4 units per acre, which would appear to conform; that a town- house proposal was approved in 1976 which would appear to reflect approxi- mately an R-3 type zoning or use; that only one service stub was installed to service the property; now there are four lots so that it may, even under R-1 zoning, provide for up to six handicapped persons per lot. A number of the neighboring property owners had questions and comments, including objections to the proposal stating that the proposed use would be too dense and possibly the building would be too large for the site. Concerns were those of the impact on children, the claim that there would be a number of buses involved each day and the potential for converting the use to some other use. It was noted that the decision was unanimous in 1976 by the Council. Lowell Berg, a realtor, stated that the City staff had told him when he was selling homes in the area, that the lots were zoned R-1. Mary Olson, the owner of the farm home to the north, asked whether It's possible to build the same facility on the 1.37 remaining acres, and Ms. Bassett stated that the facility could be constructed and still conform with the ordinance requirements, noting that she has acquired a building permit for the project. There are a number of single family homes that have been built since the approval, and this appears to be the only change in the circumstances. Councilman Egan stated that the central issue is whether a change from 32 to 18 persons or units should constitute a rezoning and it was his opinion that no rezoning would be required. Those in favor were Smith, Egan, Blomquist and Thomas, against was Wachter. The motion was adopted. OFF -SALE LIQUOR LICENSE POLICY CHANGE AND MGM OFF -SALE LIQUOR LICENSE A request had been received from Michael Gresser requesting a change in the policy for the off -sale liquor license to accomodate an off -sale license in the Cedarvale Theatre Building. There was no appearance on behalf of the requesting party. It was further noted that an application had been requested by MGM Liquors for an off -sale license in the Theatre Building, but the application has not been submitted at the present time. Wachter moved, Egan seconded the motion to continue consideration of the issue until the March 1, 1983 meeting. All voted in favor. lt�E