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)
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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
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• 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
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• 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.
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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
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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
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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
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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
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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
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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.
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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
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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.
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Secretary
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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.
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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.
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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.
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