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09/15/1981 - City Council Regular _ 1 Y• AGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL SEPTEMBER 15, 1981 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS P. � A. Fire Department e. � C. Park Department B. Police Department 2 D. Public Works Department �• i IV. 6:55 - CONSENT ITEMS (One motion approves all items) 2 A. Contract 80-12, Final Payment/Acceptance (Pump House #6) Pp' 3 B. Contract 80-31, Final Payment/Acceptance (Univac Reservoir 7 ' Repainting �j C. Project #331, Receive Petition/Order Feasibility Report (Galaxie P' Park Streets & Utilities) P '3 D. Resolution Designating City Clerk to Transact Business with TCF V. 7:00 - PUBLIC HEARINGS p L� A. Assessment Hearings PRO.:ECT CONTRACT Nll'3ER Kl!BER LOC. "'^'t DESCR'PTION 1. 277 Deerwood Dr. , E of Blackhawk Street 2. 235 235A 1836 Cliff Rd.(L.J. Parker) Trunk area Water 3. 247 79-16 Alexander Rcad Streets 4. 262 79-1 Beacon fill A-clition Utilities 5. 262 79-2 Beaccn Hill A!=ition Streets 6. 264 80-19 Twin View "aroc Utilities 7. 274 8C-15 Silver Berl R.-ad Streets 8. 279 80-5 Fish Lake Trunk Storm Ses:er 9. 299 81--_0 Fcrth ie:► Sch:el Utilities 10. 304 80-:0 Sc`:nidt Addi._cn Waternain 11. 308 80-7 Duckwood Trails Utilities 12. 311 80-16 Galaxie Avenue Grading/Gravel Base 13. 314 80-24 Ridgecliffe Utilities Q2l B. 1982 Proposed Budget 2,1C. Vacation of John Odinck Easement, Pilot Knob Road VI. \ OLD BUSINESS p,2 2 A. Quit Claim Deed for Leo Murphy ` 24 B. Vincent Storland for Preliminary Plat Approval of Norvin Oaks P' & for Rezoning from A, Agricultural, to R-1 , Residential Single District, for Approximately 3.9 Acres located in Part of the NEk of the SWC of Section 31 2 C. Mediterranean Cruise Restaurant for On-Sale Liquor License ' i j City Council Agenda September 15, 1981 Page Two VII. NEW BUSINESS A. Steven J. Flanagan Revision to Cedar Cliff Planned Development and Preliminary Plat located in the SWk of the SEk of Section 30 B. James Refrigeration Co. for a Preliminary Plat (Hilltop Plaza) } Qfor an Office and Commercial Development Consisting of Approxi- mately 4.5 Net Acres and Variance from the Minimum Setback, located a in the NE Corner of Co. Rdl 30 and Co. Rd. 31 5 C. Hardee's Restaurant for a Conditional Use Permit to Allow a e• Pylon Sign located at 4615 Cedar Ave, Lot 1, Block 1, Durnings Subdivision D. Thomas Gegax for a Conditional Use Permit for a Pylon Business pSign on Property Located in part of the NE'k of the NWk of Section 30, 4205 Cedar Ave. So. ,p9 4 E. Temporary Advertising Sign for Rosewood Corporation at Yankee 1 Doodle Road & Coachman Road P,7$ F. Roger Urban Request to Develop Land Without Utility Installation ,,4+ G. Final Resolution - I.R. Financing for the Edward Mayhew Project VIII. ADDITIONAL ITEMS (The following items will be considered if time permits) P, S A. Amendment to Ordinance #52 (Day Care Facilities), Adoption of Ordinance e.� B. Amendment to Ordinance #42 (Liquor Hours), Adoption of Ordinance P. 9 Z C. Special Assessment Committee Meeting Items q(, D. Approve Plans & Specifications, Contract 81-14 (Wilderness Run Road) P• g(� E. Approve Plans & Specifications, Contract 81-15 (Winkler/Jackson P' Sanitary Sewer, Brown's Pond Outlet) P,Cj& F. Supplemental Assessment, Northview and Thomas Lake Elementary Schools �.q 7 G. Final Plat Extension - Lexington 2nd Addition IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT { E i I 0 MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 11 , 1981 SUBJECT: AGENDA INFORMATION After approval of the September 1 , 1981 regular City Council minutes and the adoption of the September 15, ,1981 City Council agenda, the following items are in order for consideration: FIRE DEPARTMENT A. Fire Department -- There are no items to be considered for the Fire Department at this time. . POLICE DEPARTMENT B. Police Department -- There are no items to be considered for the Police Department at this time. PARK DEPARTMENT C. Park Department --. Bicycle- Trails Grant for Rahn Thomas Trail Phase II -- A grant was awarded to the City ot Eagan entitled Ra n Thomas rail Phase II" by the State of Minnesota Planning Agency. The grant is to be completed by December 31 , 1981 . A portion of the trail covered under the grant agreement was installed early in 1980. However, because of the impending construction of I-35E between Blackhawk and Woodgate, that portion of the bicycle trail has been omitted. It would appear that this section of I-35E will not be completed until 1983 or 1984 allowing for the completion of this trail segment. Because the federal government is anxious to close out outstanding grants , the Director of Parks and Recrea- tion is requesting that City Council action be taken to submit a request for an amendment to the existing contract agreement for - this trails grant. In order would be a request for the extension of the contract until December 31 , 1982 and, secondly, that the bicycle trail be constructed on the easterly termini of the Highline Trail . The trail ' s cgnstuction would occur from approximately Capri- corn Court to approximately Wedgewood Drive. ' Because of recent action to approve the extension of Wilderness Run Road to Dodd Road, the construction of this segment of the bicycle trail would seem timely and to the best advantage of the City. The City cannot use these trail funds for any other trail construction other than the Highline Trail . Use of the existing funds for this section would mean that the City would have to fund the section of trail from approximately Blackhawk to approximately Woodgate at some future date. By taking action on this request, the City can: Agenda Information Packet September 11 , 1981 Page Two 1. Close out the grant and avoid any potential holds that might- be placed on these funds at the federal level, 2 . Tie in the trail construction with the construction of Wilder- ness Run Road. ACTION TO BE CONSIDERED ON THIS MATTER: To either approve or deny: (1 ) Request for a time extension on the Rahn Thomas Trail Phase II grant, and (2 ) Utilize federal funding to construct a trail extension from Capricorn Court to approximately Wedgewood Drive. PUBLIC WORKS DEPARTMENT C. Public Works Department -- There are no items to be considered for the Public Works Department at this time. There are four (4) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council . If there is any item which the City Council wishes to discuss in further detail , that item should be removed from the Consent Item list and placed under Additional Items unless the discussion required is brief. This will allow the Mayor to proceed with the Public Hearings as legally noticed at 7 :00 p.m. CONTRACT 80-12 A. Contract 80-12 , Final Payment/Acceptance (Pump House #6) The City has received a request for final payment from the con- tractors through the consulting engineering firm along with a cer- tification of compliance with plans and specifications which has been verified by the Public Works Maintenance Division. Therefore, with all items being satisfactorily completed, it is the recom- mendation of the Public Works Director that final payment be issued and the project be accepted for perpetual maintenance by the City. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the eleventh and final payment of $750 for Contract 80-12 to Lee Richert Plumbing and Heating Company and accept the project for perpetual maintenance. Z Agenda Information Packet September 11 , '1981 Page Three CONTRACT 80-31 B. Contract 80-31 , Final Payment/Acceptance (Univac Reservoir Repainting) -- The City has received a request for final payment- from the contractor through the consulting engineering firm along with a certification of compliance with plans and specifications which has been verified by the Public• Works Maintenance Division. Therefore, it is the recommendation of the Public Works Director that final payment be issued and the project be accepted for perpe- tual maintenance by the City. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the third and final payment of $3,037.40 for Contract 80-31 to Allied Painting and Renovating Company and accept the project for perpetual main- tenance. PROJECT 331 C. Project #331, Receive Petition/Order Feasibility Report (Galaxie Park Streets and Utilities) -- On April 21 , 1981, a formal petition requesting the preparation of a feasibility report was denied by Council due to the fact that the Galaxie Park Addition preliminary plat had not been approved. Since that time, this preliminary plat has received Council approval . Therefore, the developer has resubmitted his petition requesting the preparation of the feasi- bility report for the installation of streets and utilities. ACTION TO BE CONSIDERED ON THIS MATTER: To receive the petition and order the preparation of a feasibility report for Project 331 (Galaxie Park Streets & Utilities) . RESOLUTION- WITH TCF/INVESTMENT PURPOSES D. Resolution Designating City Clerk to Transact Business with TCF -- TCF is a designated despository of the City of Eagan. As a matter of procedure, TCF requires that a resolution be enacted by the City of Eagan that designates a person or person to transact business via telephone and/or written authorization regarding the investment and transaction of City funds. The City Clerk/Director of Finance Gene VanOverbeke is to be the designated person. ACTION TO BE CONSIDERED ON THIS MATTER: To authorize the resolution designating the Director of Finance/City Clerk to sign and/or trans- act business with TCF. 3 • 0 Agenda Information Packet September 11 , 1981 Page Four FINAL ASSESSMENT HEARINGS A. Final Assessment Hearings -- The final assessment rolls for the following thirteen (13 ) projects have been completed and were previously presented to the Council for 'review on August 18, 1981 , with the final assessement hearings being scheduled for September 15, 1981 . All legal notices have been printed in the legal news- paper and/or mailed to the affected properties in question. The Consulting Engineer, Mr. Bob Rosene, and the Accountant, Mr. Ken Damlo, will be available at these final assessment hearings to answer any questions pertaining to these final assessment calcula- tions. In addition, the following comments are offered for the Council ' s information pertaining to the referenced projects : 1. Project 277 -- This final assessment roll was continued from 'September 1 , 1981 due to a concern of a pr#perty owner, Mr. Steve McBurney, pertaining to a previous assessment relating to the improvement of Deerwood Drive. Discussions with Mr. McBurney have resulted in his understanding that the previous assessment that was levied was for the grading and gravel base performed during the installation of the utilities for the Cedar Grove 8th Addition. It was explained that the rate of $18 . 74/ff was for the installation of bituminous surfacing and concrete curb and gutter. No assessment was included in this residential equivalent rate for the previous grading and gravel base which was assessed under Project #94 on April 2 , 1974. 2. Project 235 -- This provides for the trunk water area assess- ment levied against a single parcel at 1836 Cliff Road under the ownership of L. J. Parker which was inadvertantly pre- viously omitted from this assessment roll. This parcel has never been assessed for its trunk area water but is presently connected to the municipal water system. 3. Project 247 -- Although the final assessment construction costs associated with this project greatly exceeded the feasi- bility report, it was due to documented cost overruns which have been reviewed in detail with the developer as they were occurring. These final assessment costs have been reviewed in detail with the developer prior to the final assessment hearing with all questions being resolved. 4 Agenda Information Packet September 11 , 1981 Page Five 4. Project 262 -- This final assessment roll is in compliance with an amendment to the PUD agreement for the Beacon Hill Addition previously reviewed and approved by City Council on May 1 , 1981 . 5. Project 262 -- Same as above. 6. Project 264 -- The few questions of staff as received per- taining to this final assessment pertain to the final costs associated with the street construction. The people have been informed that this final assessment hearing is for the installation of utilities only and that the final assessment for streets will be held later this year. The City is presently performing an up to date analysis of the costs for the streets in hopes of being able to inform these people what they can expect for their final assessment figure for streets later in the year. It is anticipated that many ques- tions will be related to the street assessments during this Council meeting. However, the people should be reminded that this final assessment -hearing is for utilities only and additional information will be sent out pertaining to the final assessments for the streets. 7. Project 274 -- There have been four meetings held with Mr. ester Spencer pertaining to his alledged drainage problem on his driveway entrance. Mr. Spencer will not be satisfied by any explanation or corrective action suggested by the ' City short of installing a $3,000 storm sewer system which the Public Works Director cannot recommend as being economically feasible unless Mr. Spencer agrees to this cost. No other problems are anticipated with this particular hearing. 11. Project 308 -- Due an inadvertent omission of the final assessmenthearingnotice, this subdivision, this subdivision did not receive their notice of final assessment hearing. However, we have obtained a waiver of notification of hearing from this property owner so that this item is in order for Council review and approval for certification. Agenda Information Packet September ll , 1981 Page Six 12. Project 311 -- The assessments proposed for Galaxie Avenue are aulT residential equivalent which will include the yet to be installed future bituminous mat and concrete curb and gutter in accordance with the feasibility report for this project when it was ordered for installation. The resi- dential equivalent assessment rates for the Safari Estates Addition are being spread equally over all lots in that sub- division which are under the present control of the developer, Mr. Byron Wachke. This will avoid the necessity of a future assessment hearing involving furture lot owners. It should be noted that whatever action the Council takes pertaining to a special assessment consideration request by Dakota Parks, it will not affect the rates of the remaining parcels due to the fact that these assessments are based on a residential equivalent. 13. Project 314 -- The developer, Orrin Thompson Homes , has signed a waiver of final assessment hearing requesting that the Council approve these final assessments but do not certify them to the County for collection until January 15, 1982. At that time, the developer will pay off all assessments in total including interest to that date which will then r preclude the necessity for certifying these assessments to the County for collection. The deadline from Dakota County for processing final assessment rolls for certification is October 17 . Allowing a thirty day period for payment of assessments without interest penalties requires that these final assessment hearings be certified at the September 15 meeting. Thereforeif it is at all ossible, these final assessment hearings shouYd be closed and the inal assessment rolls ordered for certification to the County so that we can meet their stipulated deadlines. Enclosed on pages through 2,0 are information sheets which give further details concerning each of the thirteen assessment hearings . ACTION TO BE CONSIDERED ON THIS MATTER: To close the final assess- ment hearings and approve or deny the final assessment rolls for certification to the County for collection. F \ 'DON VON M 49 [� Ln M � 4J II a CD N h h LO r\ F U �O CD g D 4.) Y r, S 00 � O M N E r1 tel- 4J 4-Y O G hM 4J 4-J 4J 49 M J En a 4J +� 4 ro ro U 49 9 ——�- \\ r-4MUl qw 'IT ON 0 � � � � r�i rnooh 0oorn \icva\o McMM %DNM H MO �Dr-I 00 01 kO h 01 tO M r-400 N r--1 d' h % • h h .-1 1� Ol l— r 4 r♦ r_, 00 . . . ' qt d' M G� \ 4J �* O tYi a Ln I. * O N Ci N M h MO iLn /? N MO � ' M O �: H 00 — t/? p Latn � S CUA b Q ri 49 ri N En En ri r9 rs x cFl 4 rA 04 4 N Rf ON �O t0 h ON tf1 0 %0 sr _ O r-4 mW ri to N l� r-{ C14 1OD r 00 co co 00 OD 00 003 °' r, b h C O 41 Ln M r- ep e1� 01 W 00 ►-I W a N N N N N N O% mM CD M Ch 7 CN N FINAL ASSESSMENT HEARING PROJECT NO: 235 SUBDIVISION/ARE, : MISCELLAUNEOUS ' FINAL ASSESSMENT HEARING: SEPTEMBER 15, 1981 VPRC;"E'IENTS INSTALLED A.`D/CR ASSESSED: - Feasibility N.AT=� czc Rates J��i:iKY AS_� Area $580/Ac $580/Ac Q .Area ❑ Laterals ❑ Laterals ❑ Service ' Ej Lat. Benefit/Trunk ❑ Lat. Benefit/Trunk ST-;'k1 t ST-EE-;S Area ❑ Grading/Gravel Base ❑ Lat_rals ❑ Surfacing ❑ Res. Equiv. -WIEER CF PARCELS AFFECTED: 1 \L'.'•+EER OF YEARS ASSESSED: 15 RATE CF I`.TE EST: 8% TOTAL .ASSESSED: t1,5TT.60 COLS73UCTED L`,OER THE FOLLCwI`G CONTRACTS: 80-26 P'186i:, FjE.ARI.%G DA:E: MAY 15 19T9 g FINAL ASSESSMENT HEARI\G � • i i PROJECT NO: 247 SUBDIVISION/AREA: ALEXANDER ROAD FI`AL ASSESSMENT HEARING: SgpTEnER15, 1981 IIPRO:VIE\TS INSTALLED AND/CR ASSESSED: • Feasability Rates Area p Area - Laterals Laterals QService �, c..:•i�. U Lat. Benefit/Trunk 0 Lat. Benefit/Trunk $T'�51 S+:ccTS (� area Grading/Gravel Base -- n Laterals Surfacing $181, 0 4 $52,800.00 Q Res. Equiv. \L''cE2 OF PARCELS AFFECTED: OF YEARS ASSESSED: 5 Ra7S CF INTEREST: AA TOTAL .V,ICL'.T ASSESSED: $181 ?04 44 CONST..UCTED U`.OER THE FOLLOWING CONT: ACTS: ?9-16 -- P'j@LIC HEARING DATE: RoyEMBER 21, 1978 q FI`.AL ASSESSMENT HEARING PROJECT N0: 2-- 2 SUBDIVISIO`/.AREA: BEACON HILL FINAL ASSESSMENT HE.ARI\G: SEPTEMBER 15, 1981 I�IPROVENE.NTS INSTALLED AND/OR ASSESSED: I N.iTER Feasability Feasability Rn^Tc _ Rates Rates i i A K r." Area $198.01/lot $280/lot Area �JX Laterals $T89.94/lot- $820/lot Laterals $924.SgL1at $900/10t �X Service $687.89/lot $650/lot Lat. Benefit/Trunk ED Lat. Benefit/Trunk ST"Rm • STREETS �-X Area $359.82/lot $380/lot L Grading/Gravel Base $526-ILL10t CX:1 Lateral; $713.74/jot $640/lot L7X )$1,500/lot Surfacing $1,8n�lot 0 Res. Equiv. NU.''LER CF P•A�CELS AFFECTED: 191 SU` 2—rR OF YEARS ASSESSED: 9 -nor" agreement RATE CF I`.TEREST: 8% TOTAL .V,!CU.',T .ASSESSED: $1,140,205.25 CONS,R"'CTED UNDER THE FOLLCWI`G CONTRACTS: T9-1 79_2 PUBLIC HEARING D.A7E: January 16, 1979 i /0 FINAL ASSESSMENT HEARING PROJECT SO:---2.64 SI;BDIYISION/AREA: TWIN VIEW MANOR 1ST & '2ND ADDITIONS FINAL ASSESSMENT HEARING: SEPTEMBER 15, 1981 I'iPRG�"E'.IENTS INSTALLED AND/CR ASSESSED f1a'rR Feasability Feasability oz•;c Rates 1 A ,., Rates L2 area $700/Ac $700/Ac Q Area GD Laterals $1468.41/lot• $1200/lot ® Laterals $1398.51/lot $1500/10t D Service $554.44/lot $600/lot` Sen,;_: U Lat. Benefit/Trunk C] Lat. Benefit/Trunk ST' zzl ST?SETS I Area $561/lot $561/lot0Grading/Cravel Base $1311.56/lot $1850/10t Laterals $720. 3/lot $800/lo to Surfacing 0 Res. Equiv. NU !ZER CF PARCELS AFFECTED:— .N U.. FFECTED:.NU.. OF YEARS ASSESSED: 15 Ra;E CF I`.TEREST: 11 TOTAL X-!C';.W .ASSESSED: $166,662.20 CONS 3 CT`D 6.%0ER THE FOLLOWING CONTRACTS: 80-19 P'18; IC fiEAr2Iti0 DATE: Nnv 9 80 & ay 4 1980 (streets) March 18, 1980 FI`AL ASSESSMENT HEARING PROJECT NO: 274 SUBDIVISION/.AREA: SILVER BELL ROAD ' FINAL ASSESSMENT HEARING: SEPTEMBER 15, 1981• . IMPROVE`•tENTS I`STALLED AND/OR ASSESSED: Feasability SAS;! P=s Rates bArea Q Area �] Laterals Laterals ' QService n CAT- _ U Lat. Benefit/Trunk Lat. Benefit/Trunk ST"P 1�f ST?E ETS fi area L Grading/Gravel Base Laterals Surfacing $2.90/FF Res. Equiv. full road$18.70/FF $18-TO/FF Res. Equiv. Widening $10.30 FF $10.30/FF X Ind. Equiv. full Rd. $35.00/FF $35.00/FF X Ind. Equiv. widening $16.80/FF - $16.80/FF CF PARCELS AFFECTED: 14 CF YEARS ASSESSED: 5 . R.a,E CF t`.TEREST: 11 TOTAL ASSESSED: $55.788.5 CO\S'RCCTED V-DER THE FOLLCWING CONTRACTS: 80-15 P'jSLI%,-- VEARttiC DA'-c: SrPTEMBER 18, 1979 �2 4 FINAL ASSESSMENT HEARING PROJECT NO: 279 SL'BOLVISION/.AREA: FISH LAKE STORM SEM ' FINAL ASSESS�'ENT HEARING: SEPTEMBER 15, 1981 IMPROVEMENTS INSTALLED AND/OR ASSESSED: Feasability RatesCRY p�•-•r..5 Area Q Area �] Laterals Laterals QService � Ser; Z �J Lat. Benefit/Trunk Lat. Benefit/Trunk ST-Rm S•1 TCCTS C $.03/sq.ft. Same I- Area $495/Ac Same L Grading/Gravel Base Laterals Surfacing Res. Equiv. • 'I NL'''cEZ CF PARCEL; AFFECTED: 14 -WIRER CF YEARS ASSESSED: 15 RA;E CF I`TE:EST: 11% TOTAL .V-VC'.T ASSESSED: $17,353.23 C^NST.;;CTEO UMDER THE FOLLCWING CONT:.>CTS: 80-5 P'�ELIC HEARI'.G DA—E: AUGUST 7, 1979 i3 FINAL ASSESSMENT HEARING PROJECT NO: 299 & 304 SUBDIVISIO\/AREA: NORTHVIEW SCHOOL - SCmaDT ADDITION FINAL ASSESSMENT HEARING: sEPT DMER 15, 1981 I`1PROVEME`TS INSTALLED AND/CR ASSESSED: Feasability Feasability Rates w� Ratesaati� SKY PA7ES rxJ Area $700/Ac $700/Ac � $1001A $700/Ac X Area X Laterals $11•83/FF $10.90/FF© Laterals $ 8' 1 ' FF $13.70/ $450.00 $450.00 r eery:-= $400/Ac $400/Ac Service ' Lat. Benefit/Trunk ❑ Lat. Benefit/Trunk ST''='1 S-:c c-�S 1 L --VFF 17 Area __ L Grading/Gravel Base (j Laterals ❑ Surfacing ❑ Res. Equiv. *Poverline Adjustment NU'.!-EER OF PARCELS AFFECTED: 22 .%U'•'-DER OF YEARS ASSESSED: 15 RA;r- CF INTEREST: 11% TOTAL A!ICI.-.T ASSESSED: $464,248-73 C.NS T RUCTED (;'.DER THE FOLLCWING CONT:tACTS: 80-20 P'�BLI:. HEARING DATE: MARCH 4, 1980 ( san sew) JUNE 3, 1980 (water) , FINAL ASSESSMENT HEARI",G PROJECT NO: 308 SUBDIVISION/AREA: DUCKWOOD TRAILS FINAL ASSESS�'ENT HEARING: SEPTEMBER 15, 1981 . IMPROVEMENTS 'INSTALLED AND/OR ASSESSED: Feasability Fealability Rates Rates W%TSR D1�tC ____ aa�i i.aRy - Area F—� Area $29,400.00, 15,145 $10,000.00 X� .Laterals $31,160.84" � Laterals QService sen,!:_ U Lat. Benefit/Trunk Lat. Benefit/Trunk ST"R4 STTcc-g Area $41,307.25 $411300.00 L Grading/Gravel Base -- (X� Laterals $39,736,46 $27,00.00 '� surfacing l__.' Res. Equiv. .U''-ER OF PARR-ELS AFFECTED: 6 StPO-ER OF YEARS ASSESSED: 5 RATE CF INTEREST: 11% TOTAL .V.!C,'.T ASSESSED: $128,126.00 C0%S; :;CT%D L'.LE2 THE FOLLOWING CONTR.�kCTS: 80-7 P'IBLIC HEARING DATE: JUNE 17, 1980 FISAL ASSESSMENT HEARING PROJECT SL'BDIUSION AREA: GALAXIE AVENUE FI`AL ASSESS�!ENT HEARING: SEPTEMBER 15, 1981 I�IPRC,'ENENTS INSTALLED AND/OR ASSESSED: kiT�R pac Feasability 4.N 3: I —_ S i KY p�"_"...5 Rates ❑ Area QArea ❑ Laterals ❑ Laterals ❑ Service �J Lat- Benefit/Trunk , ❑ Lat. Benefit/Trunk ST''24 t S'Jc-TS I_f area Not O Grading/Gravel Base $6n-n/lot*Availabie ' I Laterals ❑ Surfacing ❑X Res. Equiv. $23.59/FF 24.10/FF *Cost associated With Safari Estates street construction. -NU"EER CF PARCELS AFFECTED: 57 tiL''.,aER OF YEARS ASSESSED: ip R.A:E CF I`.TEREST: 1 TOTAL A.'!C�',; ASSESSED: 602.88 L"LOER THE FOLLCWING CONTRACTS: P'�BLI:; F E.iRI�G DA-.E: August 5, 1980 /6 FI`AL ASSESSMENT HE.ARI\G E PROJECT N0: 314 SUBDIVISION/.AREA: RIDGECLIFFE ADDITION FI`AL ASSESSMENT HEARING: SEPTEMBER 15, 1981 1 , I`IPROVE'IEXTS I`ST.ALLED XWOR ASSESSED: Feasability Feasability WER Rates _ RAtes 3A'.1 AWY O Area $55.33/lot $335/lot g Area $95.33 lot $335/lot 1 Q �X Laterals $443.61/lot $1140/lot ® Laterals $459.32/lot $1460/lot {-=J Service $259.83/lot $670/lot �J Lat. Benefit/Trunk Lat. Benefit/Trunk STC R%t STREETS Area $4290.02/lot $800/lot LGrading%Gravel Base Laterals $366.18/lot $920/lot L Surfacing L7 Res. Equiv. * Feasability rates are for Single Family only. Actual assessed rates differ due to inclusion of townhouse units. OF P.ARC�LS .AFFECTED: 378 i� �R CF�1 .'•'= YEARS ASSc�SED: S RATE OF I`.TEREST: 12.52 TOTAL X-1Ci,-`.T .ASSESSED: ' $800,835.77 CCSS'.;CTED UN.-DER THE FOLLOWI`G CONTRACTS: 80-24 PUBLIC HE.ARI.LG DATE: August 5, 1980 I ea-o�es I s , 19 of �-O• r Agenda Information Packet September 11 , 1981 Page Seven 1982 PROPOSED BUDGET B. 1982 Proposed Budget -- The City Administrator will briefly pre- { sent the proposed general fund budget for 1982 which is the result of several special budget meetings held by the City Council during the months of July, August &September. , A hand out will be availa- ble for the public to review. There is no action required on the adoption of the budget, realizing that the formal budget will be approved once the levy certification is approved at the October 6, 1981 meeting. It is not anticipated; however, action would be in order to make deletions or additions or any other changes to the budget if so desired by the City Council at the public hearing on Tuesday, September 15, 1981 . VACATION OF JOHN ODINK EASEMENT C. Street Vacation, Pilot Knob Road Easement (John Odink) -- During November of 1979, Mr. Odink processed a lot split through the City. As a condition of that lot split, he was required to dedicate an additional 25 feet for a seventy-five foot half right- of-way along Pilot Knob Road. With the subsequent upgrading of Pilot Knob Road, the County has determined that a 50 foot half right-of-way is sufficient and adequate. Therefore, Mr. Odink is requesting that the previously dedicated 25 feet be vacated and returned to his ownership. He has been informed and agrees to reimbursing the City for that portion of past assessments asso- ciated with this 25 foot dedication. This reimbursement should be a condition of the vacation. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the street vacation, Pilot Knob Road easement_, for John Odink. a� Agenda Information Packet September 11, 1981 Page Eight. QUIT-CLAIM- DEED --LEO MURPHY A. Quit Claim Deed for Leo Murphy -_ At the September 1, 1981 Council meeting, a request by Leo Murphy for the City to enter into a quit claim agreement for a` portion of property described as the north corner of Leo Murphy' s property at the Southwest corner of Blackhawk Park was deferred to the Park & Recreation Advisory Committee for further review. The Advisory Park & Recreation Com- mittee met on September 3, 1981 and reviewed the request. The easement that Mr. Murphy would like cleared up with a quit claim does not provide any present or future benefit to the City for access to the park land. After reviewing a legal drawing of the property, the easement does not line up with any future road access between Cedar Grove and Leo Murphy' s property. The Parks & Recre- ation Advisory Committee is recommending to the City Council that the quit claim agreement for that portion of property described as the Northwest corner of Leo Murphy' s property at the Southwest corner of Blackhawk Park be deeded to Mr. Murphy. For additional information on this item, please refer to a copy of the minutes pertaining to a quit claim found on page 2 ' Also, enclosed without a page number is information Mr. urp y provided the City for review on this matter. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the Advisory Park & Recreation Committee to approve a quit claim agreement between the City of Eagan and Leo Murphy for the property as described. 22 SUBJECT TO APPROVAL MINUTES OF A REGULAR MEETING OF THE ADVISORY PARK AND RECREATION COINNITTEE { EAGAN, MINNESOTA SEPTEMBER 3, 1981 A regular meeting of the Eagan Advisory Park and Recreation Committee was held on September 3, 1981 at the Eagan City Hall. The regular meeting was proceeded by a parks tour as the committee members reviewed South Oaks Park, Lakeside Park and a brief tour of the trail in Hill Top Estates. Those members present at the meeting were Thurston, Carroll, Martin, Masin and McNeely. Also present was the Director of Parks and Recreation. Committee members absent were Johnson; Thomas, Tilley and Fedde. MINUTES On a motion by Thurston, seconded by Masin, all members voted in favor, the minutes of the regular meeting held on August 6, 1981 were approved as read. ADOPTION OF AGENDA A motion by Thurston, seconded ,by McNeely, all members voted in favor, the agenda of September 3, 1981 was approved and included an additional item for quit claiming of property to Leo Murphy. LEO MURPHY: PROPERTY QUIT CLAIM Mr. Leo Murphy reviewed for members of the parks committee the history of a land purchase which resulted in the present ownership by the City of Blackhawk Park and of his property immediately to the south of Blackhawk. He indicated that during this property exchange that a small angular portion which originally was for the purpose of a roadway easement connect- ing up the two parcels was still in affect. He indicated that this ease- ment affected his property and clouded the title of his land. He indicated that he felt that at the time the City resolved a different issue regard- ing the south boundary line, that this triangular portion had also been resolved with it. He stated that this was not the case and that the legal description did not include this triangular portion. Mr. Murphy concluded his detailed presentation answering numerous questions by members of the Advisory Parks Committee. Committee member Carroll indicated that this easement into Blackhawk Park leads to rear property lines of residential home owners and can serve no purposes for the parks. After further dis- cussion, a motion by Carroll, seconded by Martin, with all members voting in favor; that the recommendation of the parks committee that the City enter into a quit claim-agreement of that portion of the property de- scribed as the northwest corner of Leo h?urphy's property and the southwest corner of Blackhawk Park as described and shown in7the materials presented, be deeded to Mr. Murphy. Committee members assumed that cost incurred for this quit claim would be borne by Mr. Murphy. COUNCIL ACTION: PARKS DEDICATION The Director of Parks and Recreation reviewed for the members positive response of the City Council had taken on its recommendation for increase � 3 Agenda Information Packet September 11, 1981 Page Nine PRELIMINARY PLAT & REZONING APPROVAL FOR NORVIN OAKS B. Vincent Storland for Preliminary Plat Approval of Norvin Oaks & for Rezoning from A to R-1 -- This item has been continued from the July 21, 1981 meeting to allow staff time to research sanitary sewer availability to this proposed preliminary plat. The Consul- ting Engineer, Bob Rosene, will be available to discuss in detail the proposed route for sanitary sewer service and feasible alterna- tives. Based on the Public Works Director' s review of this informa- tion, it is unfeasible to provide sanitary sewer service to this proposed plat without the extension of the trunk sanitary sewer down James Court through the Slater' s Acres Addition. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the preliminary plat of Norvin Oaks in accordance with the conditions as stipulated and to approve or deny the rezoning from A to R-1 . ON-SALE LIQUOR LICENSE-MEDITERRANEAN CRUISE RESTAURANT C. Mediterranean Cruise Restaurant for on-Sale Liquor License -- At the September 1 , 1981 City Council meeting, a conditional use permit was approved to allow on-sale liquor license for the Mediterranean Cruise Restaurant. The on-sale liquor license has been submitted, reviewed and approved by all City departments in- cluding the Police Department and therefore the on-sale liquor license is in order for consideration. For a copy of the personal and general information on the applicants, please refer to the attached data which is not given a page number. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the on-sale liquor license for Mediterranean Cruise Restaurant. A4 0 Agenda Information Packet September 11 , 1981 Page Ten FLANAGAN---CEDAR-CLIFF-PUD & PRELIMINARY PLAT A. Steven J. Flanagan Revision to Cedar Cliff Planned Development & Preliminary Plat entitiled Cedaiq Cliff Commercial Addition - A public hearing was held before the Advisory Planning Commission at their August 5, 1981 meeting. Two applications were considered, (1 ) A revision to the Cedar Cliff Planned Development from Office Commercial to Office Commercial & Retail Commercial located on Outlots G" and H; and (2) A preliminary plat entitled Cedar Cliff Commercial Addition consisting of approximately 15 .8 acres and containing 16 commercial lots. There were a number of residents from the Cedar Cliff Addition present at the public hearing to discuss the planned development. The Advisory Planning Commission is recommending denial of any revision to the planned development. Once that portion of the hearing was ended, the residents left the Planning Commission meeting. The preliminary plat was then acted upon and recommended for approval by the Advisory Planning Commission to the City Council . There has been concern expressed by some of the residents that they were not of the understanding that the preliminary plat was going to be acted on or they would have stayed and participated in the public hearing. For a copy of the City Planner' s report, please refer to pages 2 b through 2- For a copy of a petition that was submittedTy a number o tFie residents , refer to pages 33 - through 3 8 For a copy of the action that was taken by t e dvisory Planning Commission, refer to pages . *3!2 _ through TV ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the revision to the Cedar Cliff Planned Development and for the preli- minary plat entitled Cedar Cliff Commercial Addition. i 2 S� CITY OF EAGAN SUBJECT: REVISION TO THE CEDAR CLIFF PLANNED DEVELOPMENT AND PRELIMINARY PLAT- CEDAR CLIFF COMMERCIAL ADDITION APPLICANT: STEVEN FLANAGAN LOCATION: OUTLOTS G AND H, CEDAR CLIFF PLANNED DEVELOPMENT EXISTING ZONING: OFFICE. COMMERCIAL UNDER A PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: AUGUST 25, 1981 DATE OF REPORT: AUGUST 19, 1981 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED THE FIRST APPLICATION SUBMITTED IS A REQUEST TO REVISE THE CEDAR CLIFF PLANNED DEVELOPMENT FROM OFFICE COMMERCIAL TO OFFICE COMMERCIAL AND RETAIL COMMERCIAL LOCATED ON OUTLOTS G AND H, CEDAR CLIFF PLANNED DEVELOPMENT. THE SECOND APPLICATION SUBMITTED IS A REQUEST FOR A PRELIMINARY PLAT, CEDAR CLIFF COMMERCIAL ADDITION, WHICH CONSISTS OF APPROXIMATELY 15.8 ACRES AND CON- TAINS 16 COMMERCIAL LOTS. ZONING AND LAND USE B PRESENTLY, THE PARCEL IS ZONED COMMERCIAL UNDER THE CEDAR CLIFF PLANNED DEVELOP- MENT. THE PLANNED DEVELOPMENT CONTRACT SPECIFICALLY STATES THAT THE ENTIRE AREA SHALL DEVELOP SOLELY AS AN OFFICE COMPLEX FACILITY UNLESS OTHERWISE APPROVED BY THE EAGAN CITY COUNCIL. THE COMPREHENSIVE GUIDE PLAN DESIGNATES THIS PARCEL AS LB (LIMITED BUSINESS DISTRICT). THEREFORE, THE PROPOSED DEVELOPMENT PLAN WILL DEVIATE FROM THE EXISTING PLANNED DEVELOPMENT AGREEMENT AND THE LAND USE DESIGNA- TION IN THE COMPREHENSIVE GUIDE PLAN. COMMENTS i AS STATED ABOVE, THE APPLICANT IS PROPOSING TO CHANGE THE 15.87 ACRES DESIGNATED STRICTLY AS AN OFFICE COMPLEX FACILITY INTO 5.5 ACRES OF STRICTLY OFFICE AND 8.9 ACRES INTO RETAIL COMMERCIAL. THE REMAINING ACREAGE, OR 1.5 ACRES WOULD BE DEDI- CATED TO THE CITY FOR ROAD RIGHT-OF-WAY. THE LOCATION OF THE LAND USES ARE AS FOLLOWS: THE 5.5 ACRES OF OFFICE WOULD BE LOCATED ON THE NORTHERN PORTION OF THE SITE. THE PROPOSED ROAD PROVIDING ACCESS TO THE SITE WOULD BE THE PHYSICAL BARRIER BETWEEN THE OFFICE AND THE RETAIL COMMERCIAL. THE OFFICE IS ALSO LOCATED IN THE AREA WHICH WOULD BUFFER THE RESI- DENTIAL DWELLING UNITS IN THE CEDAR CLIFF ADDITION. THE OFFICE FACILITIES PLUS LANDSCAPING ALONG THE NORTHERN LOT LINES IS PROPOSED TO BUFFER THE RESIDENTIAL DWELLINGS FROM THE OFFICE FACILITY. 2� THE CITY OF EAGAN REVISION TO THE CEDAR CLIFF PLANNED DEVELOPMENT AUGUST 25, 1981 - PAGE TWO THE CHANGE THE APPLICANT IS REQUESTING IS ON THE SOUTHERN PORTION OF THE SITE. THIS AREA IS SOUTH OF THE PROPOSED ACCESS ROAD AND NORTH OF CLIFF ROAD AND WEST OF NICOLS ROAD. THE AREA SOUTH OF THE ACCESS ROAD WOULD CONTAIN 9 LOTS FOR THE RETAIL COMMERCIAL FACILITY. IT IS THE UNDERSTANDING OF STAFF THAT THE APPLICANT WOULD BE PROPOSING A RESTAURANT ON 1-2 OF THE LOTS AND A POSSIBILITY OF A SMALL STRIP CENTER ON THE WESTERN PORTION OF THIS SITE. THE REMAINDER OF THE RETAIL COMMERCIAL LOTS AT THIS TIME DO NOT HAVE ANY PROPOSED USES. THE APPLICANT HAS PROVIDED THE STREET ALIGNMENT TO THIS SITE WHICH WAS WORKED OUT WITH THE CEDAR CLIFF PLANNED DEVELOPMENT. ACCESS WOULD BE FROM SCOTT TRAIL ON THE EAST AND NICOLS ROAD ON THE WEST. THE WESTERN ALIGNMENT DOES MATCH THE ACCESS POINT TO MARI ACRES, SO IN THE FUTURE, THERE COULD BE THE POTENTIAL FOR THE 4-WAY SIGNALIZATION. THE APPLICANT IS PROPOSING NO OTHER CURB CUTS TO NICOLS ROAD OR CLIFF ROAD WITH THIS DEVELOPMENT PROPOSAL. IF APPROVED, THE PRELIMINARY PLAT SHOULD BE SUBJECT TO THE FOLLOWING CONDITIONS: 1. A DETAILED LANDSCAPE PLAN SHALL BE APPROVED BY THE CITY FOR LOTS 1-5, BLOCK 1 AND LOT 1, BLOCK 3, BECAUSE THIS AREA WILL ABUT THE RESIDENTS IN CEDAR CLIFF ADDITION. THIS LANDSCAPING IS THE MAIN BUFFERING AREA BETWEEN THE OFFICE AND THE RESIDENTIAL LOTS. AN ADEQUATE LANDSCAPE BOND SHALL ALSO BE PROVIDED AND NOT RELEASED UNTIL 1 YEAR AFTER THE LANDSCAPING HAS BEEN COMPLETED. 2. A LANDSCAPE PLAN SHALL ACCOMPANY ALL OF THE OTHER LOTS AS DEVELOPMENT OCCURS. AN ADEQUATE LANDSCAPE BOND SHALL ALSO BE REQUIRED FOR EACH LOT AND NOT RELEASED UNTIL 1 YEAR AFTER THE LANDSCAPING HAS BEEN COM- PLETED. 3. THE PLAT SHALL BE SUBJECT TO DAKOTA COUNTY PLAT COMMISSION'S REVIEW AND COMMENTS. i 4. THERE SHALL BE NO OTHER ACCESS ALLOWED OTHER THAN THE SCOTT TRAIL AND THE ACCESS PROPOSED ON NICOLS ROAD. 5. THERE SHOULD ALSO BE A RESTRICTIVE ACCESS ON THE SOUTHERLY 80' OF LOT 7, BLOCK 2 AND LOT 4, BLOCK 3 IN ORDER TO PROVIDE ADEQUATE STACKING DISTANCE ONTO CLIFF ROAD. THERE SHALL ALSO BE A RESTRICTIVE ACCESS ON LOT 1, BLOCK 2 IN ORDER TO PROVIDE STACKING DISTANCE ONTO NICOLS ROAD. DCR/JAC Z CITY OF EAGAN CEDAR CLIFF COMMERCIAL ADDITION AUGUST 25, 1981 PAGE THREE ENGINEERING RECOMMENDATIONS 1. ALL STORM WATER SURFACE DRAINAGE MUST BE CONTAINED WITHIN THE PERIMETER OF THIS PROPOSED PLAT AND DIRECTED BY WAY OF GRAVITY STORM SEWER TO THE MARI ACRE POND (AP-9). 2. A 36', 9-TON STREET WILL BE CONSTRUCTED WITHIN ERIN DRIVE. 3. A 5' CONCRETE SIDEWALK SHALL BE CONSTRUCTED ALONG THE SOUTH SIDE OF ERIN LANE AND THE WEST SIDE OF SCOTT TRAIL WITHIN THIS PLAT. TAC/JAC i 29 f TO: ADVISORY PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY PLANNER FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS f DATE: AUGUST 20, 1981 1 RE: PRELIMINARY PLAT - CEDAR CLIFF COMMERCIAL ADDITION (STEPHEN FLANAGAN) THE PUBLIC WORKS DEPARTMENT HAS THE FOLLOWING COMMENTS TO OFFER FOR CON- SIDERATION OF THE ABOVE-REFERENCED PLAT: UTILITIES SANITARY SEWER AND WATERMAIN OF SUFFICIENT CAPACITY AND ELEVATION IS AVAILABLE ALONG THE NORTH SIDE OF CLIFF ROAD ADJACENT TO THIS PROPOSED PLAT. GRADING AND DRAINAGE BLOCK 1 AND 2 OF THE PROPOSED PLAT WILL DIRECT ALL SURFACE DRAINAGE TO A LOW POINT LOCATED IN THE MIDDLE OF THIS PARCEL. BECAUSE THE EXISTING TRUNK STORM SEWER LOCATED ALONG CLIFF ROAD IS NOT DEEP ENOUGH TO ACCOMMO- DATE THIS PROPOSED LOW POINT ELEVATION, THIS PROPERTY WILL REQUIRE THE INSTALLATION OF APPROXIMATELY 1,400 FEET OF STORM SEWER WHICH WILL PRO- VIDE A DIRECT OUTLET INTO THE MARI ACRE POND (AP-9) LOCATED ON THE WEST SIDE OF NICOLS ROAD NORTH OF ERIN DRIVE. THE PROPOSED DRAINAGE FOR BLOCK 3 DIRECTS ALL SURFACE WATER TO THE EAST LINE OF THIS PROPOSED PLAT INTO THE EXISTING LOW DRAINAGE BASIN. THERE IS PRESENTLY NO FEASIBLE WAY TO PROVIDE POSITIVE GRAVITY STORM SEWER OUTLET FOR THIS LOW DRAINAGE BASIN WITHOUT A SIGNIFICANT EXTENSION OF THE TRUNK STORM SEWER SYSTEM FROM THE EAST. SUBSEQUENTLY, BLOCK 3 WILL HAVE TO BE DEVELOPED DIRECTING ALL SURFACE DRAINAGE ONTO SCOTT TRAIL AND INTO THE REQUIRED STORM SEWER SYS- TEM MENTIONED PREVIOUSLY. THIS WILL NECESSITATE APPROXIMATELY 13-16 FEET OF FILL WITHIN BLOCK 3. STREETS THE PROPOSED CONFIGURATION OF THE INTERNAL STREET TO SERVICE THIS PRO- POSED PLAT FOLLOWS THE ORIGINAL DESIGN CONCEPT WHEN THE CEDAR CLIFF PUD CONCEPT WAS SUBMITTED FOR APPROVAL. THE SETBACKS FROM NICOLS ROAD AND CLIFF ROAD ARE ADEQUATE. THIS INTERNAL ROAD SHOULD BE NAMED ERIN DRIVE TO PROVIDE THE CONTINUITY OF THE 4-WAY INTERSECTION WITH NICOLS ROAD. A CONDITION SHOULD BE PLACED ON LOT 4 OF BLOCK 3 REQUIRING THAT DRIVEWAY ACCESS TO SCOTT TRAIL BE CONFINED TO THE NORTHERLY 35' TO PROVIDE THE PROPER SETBACK FROM THE MAJOR INTERSECTION WITH CLIFF ROAD. ALL OTHER LOTS SHOULD HAVE RESTRICTED ACCESS TO THE NICOLS ROAD AND CLIFF ROAD THEREBY REQUIRING ALL ACCESS TO BE TAKEN FROM SCOTT TRAIL AND/OR ERIN DRIVE. BECAUSE THIS IS AN INTERNAL MINOR COLLECTOR FOR A COMMERCIAL DEVELOPMENT, IT IS RECOMMENDED THAT A 36' WIDE STREET WITHIN THE 60' RIGHT-OF-WAY BE REQUIRED. I WILL BE AVAILABLE TO DISCUSS IN FURTHER DETAIL ANY ASPECT OF THIS RE- PORT WITH THE PLANNING COMMISSION AT THEIRMEETING ON AUGUST 25, 1981. RESPECTFULLY SUBMITTED, ^66 THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS t + IN � J� I I �s _ w d' J ' � i �. i r J�� a•w � � LL. _ I u CA Qlk ,)�z Is .x ! 3nm3Av M033 010 + f • 30 LL - Ind., t -- • • _ _ - _-[ :•ey R-I 'i Ind. • Ind E • - _ 'f — . . - 02 F L8 Ind. Rt Ind. aNB LB . 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NT'ER LB R PK 51 1 A - ' ',,.t:: �.:._!''S �',•iii-� �f j>''•� .a'.,. �.�. �a }•';? �,-. At i► -.-.► �Q./ !• ,f J. j .7 j J `t J.fi:.�,j.f+i , �J f Y f S" -f• EStA ,fir ? �-1 .U•.i'J � 7c �.- 'vf •�:J♦ '];N 0 PAGE ONE • August 20, 1981 We the residents of Cedar Cliff Planned Development oppose the re- visions to Cedar Cliff Planned Development located in the SW 4 of the SE 4 of section 30. The revision is not consistent with the development agreement with the City of Eagan. The original proposal, provided for building of office space only to act as a buffer between the residential development and heavy traffic on Cliff road. This proposal was agreed to by the City Council and the Planning Commission. The proposed zoning revision would have a negative impact on our existing residential neighborhood. It would add traffic and its subsequent noise; pollution to the area, and produce commercial businesses with irregular hours (other than 8 to 5). We the undersigned, for reasons stated above, are against the proposed zoning revisions of the SW 4 of the SE 4 of section 30. FULL NAME ADDRESS DATE C j is�/41v 177 T�G" OatG lr, tl Zq • PAGE TWO • FULL NAME ADDRESS DATE 4 ZO 165;,14 34 x • PAGE THREE • FULL, NAME ADDRESS DATE We, the undersigned. property owners, hereby petition the proposed rezoning from "Office Only" to "Office and Retail Outlets" of the part of the SWh of the SE4 of Section 30, T27, R23 Cedar Cliff Planned Development. Due to the quantity of retail shops presently in operation, under construction and in final preparation for construction, we feel that additional stores would be a burden on both the existing residential area and area stores. N— 0 -TC*V�f!> 149tS7 :av�71�4t-- as 3157 Cl(t f� �c.F�.J a C} .,04 Ny Ck.,j 3 7_ .. _._... ..... ivm sco, i �r2� lL Susi✓ y53�/ 5c�7r 7k'AI L. �4Wsl,,,-4L" s s-c-an 3�r C EIDAR CLIM COMMMCM AUDITION The public hearing regarding the application of Steven Flanagan for revision to Cedar Cliff Planned Development from Office Commercial to Office Commercial and Retail Commercial located on Outlots G and H, Cedar Cliff Planned Development and for preliminary plat approval of Cedar Cliff Commercial Addition was convened by Chairman Joe Harrison. The project would consist of 15.8 acres and contain 16 commercial lots. Mr. Flanagan was present as was a representative of Winden surveyors. Mr. Flanagan explained that the office buildings would be located on the northerly tier and retail locations on the southerly tier including;a proposed funeral parlor, res- taurant and retail center. A large number of neighboring property owners appeared and objected to the retail use including Steve Darling who submitted a petition as did Dawn Simpson, neighboring property owners. The objections were to the retail use such as fast-food restaurants. They stated that there were sufficient retail centers in the area, that traffic congestion could result in creating safety problems, and that the property had already been zoned for office use only. The Planning Commission Members questioned whether there was an exces- sive amount of commercial zoning in the general area and also the staff report indicated a large percentage of property for commercial uses. The Planned Development provides for office purposes and the Comprehensive Plan indicates Limited Business but the Planned Development provided that any request for change would require a new application through the City. A representative of St. Paul Companies, the fee owner, was present and indicated support of the application. After a lengthy discussion, Rrob moved, Harrison seconded a motion to recommend denial of the application for revision to the Planned Development for the reasons mentioned above. All voted in favor. At this time most of the neighboring residents left the meeting and the Chairman then indicated that the Planning Commission would consider action on the application for preliminary plat approval. There were concerns by Planning Commission Members about the need for submitting a landscape plan for all of the lots prior to preliminary plat approval and the potential traffic and safety problems with the connection of Scott Trail into the residential area causing excessive through traffic. In addition, it was recommended that landscaping adjacent to the residential area include a berm to serve as a sound and sight barrier and also to control water drainage. A berm was shown on the grading plan along the perimeter with the residential area and also a berm adjacent to Cliff Road and Nicols Road. It was suggested that there be right turn from only Erin Court to Scott Trail to avoid unnecessary traffic to the north. There was discussion concerning the potential for the need to split lots at a later time as the property is sold with an unknown use at the present time and the possibility of the requirement of vacating utility ease- ments if the lot lines are requested to be changed. Mr. Colbert explained the street pattern as originally reviewed by the staff. Harrison moved, Gits seconded the motion to recommend approval of the preliminary plat subject to the following conditions: 3�' 1. A detailed landscape plan shall be approved by the City for Lots 1-5, Block 1 and Lot 1, Block 3, because this area will abut the residents in Cedar Cliff Addition. This landscaping is the main buffering area between the office and the residential lots. An adequate landscape bond shall also be provided and not released until one year after the landscaping has been com- pleted. 2. A landscape plan shall accompany each of the other lots as devel- opment occurs. An adequate landscape bond 'shall also be required for each lot and not released until one year after the landscaping has been completed for such lot. 3. The plat shall be subject to Dakota County Plat Commission's review and comments. 4. There shall be no other access allowed other than the Scott Trail and the access proposed on Nicols Read. 5. There should also be a restrictive access on the southerly 80 feet of Lot 7, Block 2 and Lot 4, Block 3 in order to provide adequate stacking distance onto Cliff Road. There shall also be a restrictive access on Lot 1, Block 2 in order to provide stacking distance onto Nicols Road. 6. All storm water surface drainage must be contained within the perimeter of this proposed plat and directed by way of gravity storm sewer to the Mari Acre Pond (AP-9). 7. A 36-foot nine-bon street shall be constructed within Erin Drive. 8. A five-foot concrete sidewalk shall be constructed along the south side of Erin Lane and the west side of Scott Trail within this plat at the developer's cost. 9. No left turns from Erin Court to Scott Trail shall be provided. 10. The retail center, restaurant, and retail commercial shall be deleted and only office use shall be permitted. All members voted in favor. Agenda Information Packet September 11 , 1981 Page Eleven JAMES REFRIGERATION PRELIMINARY PLAT AND VARIANCE B. James Refrigeration Co. for a Preliminary Plat (Hilltop Plaza) for an Office and Commercial Development Consisting of Approximately 4.5 Net Acres and a Variance for Minimum Setback located on Lot 1, Block 4, Hilltop Estates -- A public hearing was held before the Advisory Planning Commission at :the August 25, 1981 meeting to consider a preliminary plat for ..Hilltop Plaza consisting of 4. 5 acres and containing-'three commercial lots and for a variance from setback requirements along a public street. The Advisory Planning Commission is recommending approval of the preliminary plat and denial of the variance from minimum setback requirements. For additional information on the matter, please refer to the City Planner' s report, a copy of which is enclosed on pages 4t through XZ . Forta c ph of the minutes that pertain to item, refer to pages S3 g ,_ ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the preliminary plat of Hilltop Plaza and the variance from the minimum setback requirement as described. i I CITY OF EAGAN SUBJECT: PRELIMINARY PLAT AND VARIANCE - HILLTOP PLAZA APPLICANT: JAMES REFRIGERATION CHARLES JAMES LOCATION: LOT 1, BLOCK 4, HILLTOP ESTATES EXISTING ZONING: NS (NEIGHBORHOOD BUSINESS DISTRICT) DATE OF PUBLIC HEARING: AUGUST 25, 1981 DATE OF REPORT: AUGUST 19, 1981 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED THE FIRST APPLICATION SUBMITTED IS A REQUEST FOR A PRELIMINARY PLAT, HILLTOP PLAZA, WHICH CONSISTS OF APPROXIMATELY 4.5 ACRES AND CONTAINS 3 COMMERCIAL LOTS. THE SECOND APPLICATION SUBMITTED IS A REQUEST FOR A VARIANCE FROM THE SETBACK REQUIRE- MENT ALONG A PUBLIC STREET. ZONING AND LAND USE PRESENTLY, THE 4.5 ACRE PARCEL, LOT 1, BLOCK 4, HILLTOP ESTATES, IS ZONED NB (NEIGHBORHOOD BUSINESS DISTRICT) WHICH ALLOWS NEIGHBORHOOD RETAIL COMMERCIAL AS A PERMITTED USE WITHIN THIS DISTRICT. THE COMPREHENSIVE GUIDE PLAN ALSO DESIGNATES THIS PARCEL AS NB (NEIGHBORHOOD BUSINESS DISTRICT). THE PROPOSED DEVELOPMENT IS A PERMITTED USE IN ACCORDANCE WITH ORDINANCE 52 (ZONING) AND THE PROPOSED LAND USE PLAN. COMMENTS AS YOU MAY RECALL, THE HILLTOP CENTER DOES HAVE SOME HISTORY WITH THE CITY OF EAGAN. THE FIRST PHASE OF THE NEIGHBORHOOD CENTER AND THE OVERALL PLAN FOR THIS AREA WAS ORIGINALLY APPROVED IN APRIL, 1979• AT THE TIME THE FIRST PHASE OF THE CENTER WAS CONSTRUCTED, THE BUILDING WAS PLACED ON LOT 1, BLOCK 4, HILLTOP ESTATES. ONE OF THE RECOMMENDATIONS FOR THE CENTER WAS WHEN THE SECOND BUILDING IS CONSTRUCTED, THAT THE AREA WOULD HAVE TO BE REPLATTED SO EACH BUILDING COULD STAND ALONE ON AN INDIVIDUAL LOT. THE APPLICANT, AT .THIS TIME, IS CONFORMING TO THIS RECOMMENDATION. THE FIRST PHASE OF CONSTRUCTION CONSISTED OF 5,788 SQUARE FEET OF BUILDING. THE LOT WHICH IS BEING PLATTED FOR THIS BUILDING CONTAINS 1 ACRE AND WOULD HAVE 13.2% LOT COVERAGE, WHICH IS IN ACCORDANCE WITH THE NEIGHBORHOOD BUSINESS DISTRICT. THE APPLICANT, AT THIS TIME, IS PROPOSING TO DEVELOP THE SECOND PHASE OF THE NEIGHBORHOOD CENTER. THE SECOND PHASE WOULD CONTAIN 12,852 SQUARE FEET AND WOULD CONTAIN 17.9 (OR 1870 LOT COVERAGE. THE SECOND PHASE IS ALSO UNDER THE MAXIMUM LOT COVERAGE REQUIREMENT FOR THE NEIGHBORHOOD BUSINESS DISTRICT. THE ARCHITECTURE 4 2-- CITY OF EAGAN HILLTOP PLAZA AUGUST 25, 1981 PAGE TWO AND BUILDING DESIGN WILL BE SIMILAR TO THE ARCHITECTURE AND DESIGN OF THE FIRST PHASE. THE THIRD LOT WHICH IS BEING PLATTED CONTAINS 1.86 ACRES AND, AT THE PRESENT TIME, THERE ARE NO PLANS FOR CONSTRUCTION OF THIS PHASE. HOWEVER, THE APPLICANT IS PLATTING THE PROPERTY AT THIS TIME. ACCORDING TO ORDINANCE 52, ONE BUILDING WOULD BE ALLOWED ON LOT 3 UNLESS LOT 3 WOULD BE SUBDIVIDED IN THE FUTURE TO ALLOW ADDITIONAL BUILDINGS. 'f THE SQUARE FOOTAGE FOR PHASE 1 AND PHASE 2 CONTAIN 8,640 SQUARE FEET AND THE PARKING REQUIRED WOULD BE 124 PARKING SPACES. AT THE PRESENT TIME, THE APPLI— CANT IS PROPOSING 127 SPACES WHICH ALSO EXCEEDS THE PARKING REQUIREMENT FOR THE TWO PHASES. ! f THE ACCESS TO THE PROPOSED SITE WILL STILL BE FROM PILOT KNOB ROAD UNTIL SUCH !" TIME PILOT KNOB ROAD IS UPGRADED, THIS CENTER WILL HAVE FULL TRAFFIC MOVEMENTS FROM THIS ACCESS. ONCE PILOT KNOB ROAD IS UPGRADED, THE PILOT KNOB ACCESS WILL BE RESTRICTED TO A RIGHT TURN—IN, RIGHT TURN—OUT MOVEMENT, WITH THE MAIN ACCESS j EITHER BEING PROVIDED FROM THE EAST OR SOME TYPE OF SERVICE ROAD BEING CONSTRUC— TED- TO BERRY RIDGE ROAD. THE APPLICANT IS ALSO PROPOSING A SECOND TEMPORARY ACCESS TO THE SITE FROM COUNTY ROAD 30. THIS ACCESS WILL CROSS LOT 3, AND IS PROPOSED FOR 24' IN WIDTH. THE REASON THE APPLICANT IS PROPOSING THIS TEMPORARY ACCESS IS BECAUSE THE FUTURE GRADE OF COUNTY ROAD 30 HAS NOT BEEN CONSTRUCTED OR WILL NOT BE CONSTRUCTED UNTIL SUCH TIME PILOT KNOB ROAD IS UPGRADED. THE EXCAVATION REQUIRED TO CONSTRUCT THE PERMANENT ACCESS ON LOT B WOULD BE MUCH GREATER AT THIS TIME THAN CONSTRUCTED IN CONJUNCTION WITH THE UPGRADING OF COUNTY ROAD 30. ONE OF THE CONDITIONS WITH THE FIRST PHASE DEVELOPMENT WAS THAT OUTLOT B BE, DEDICATED TO THE CITY FOR PUBLIC STREET PURPOSES. AT THIS TIME, OUTLOT B HAS I NOT BEEN DEDICATED AND STILL REMAINS UNDER THE OWNERSHIP OF DUNN 8 CURRY INC. AT THE PRESENT TIME, THIS IS NOT A SERIOUS PROBLEM BECAUSE OUTLOT B IS NOT AN— TICIPATED TO BE CONSTRUCTED WITH THE SECOND PHASE OF THE DEVELOPMENT. OUTLOT B SHOULD BE DEDICATED AND CONSTRUCTED TO PROVIDE THE ACCESS TO THE CENTER WITH THE UPGRADING OF COUNTY ROAD 30 VS. WITH THE PHASING OF THIS DEVELOPMENT. i THE ORIGINAL OVERALL PLAN WHICH WAS APPROVED SHOWED 3 INDIVIDUAL BUILDINGS. f THE APPLICANT HAS CHANGED THE DESIGN SLIGHTLY BY PROPOSING ONLY 2 BUILDINGS INSTEAD OF THE 3. THE ONE BUILDING WOULD BE CONNECTED MAKING AN "L" SHAPE VS. HAVING TWO RECTANGULAR BUILDINGS. WITH THE CREATION OF THIS DESIGN, THE APPLI— CANT WAS ORIGINALLY PROPOSING A 13' VARIANCE FROM THE SETBACK FROM OUTLOT B WHICH IS INTENDED TO BE A PUBLIC STREET. THE STAFF HAS WORKED WITH THE APPLI CANTSAND THE BUILDING WILL BE SHIFTED SLIGHTLY TO THE WEST SO ONLY A 5'OR 6' VARIANCE WOULD BE REQUIRED VS. THE 13' . IN SHIFTING THIS BUILDING, THERE WOULD A ZERO LOT LINE SETBACK ON THE WEST LOT LINE OF LOT 2. THIS WOULD NOT PROPOSE A PROBLEM,BECAUSE THE LOT LINE WOULD ONLY BE AN ARBITRARY LINE SEPARATING THE INDIVIDUAL BUILDINGS. SINCE THE BUILDINGS ARE OF SIMILAR DESIGN AND USE, THIS VARIANCE WOULD BE MORE PRACTICAL TO PROVIDE A GREATER SETBACK FROM OUTLOT B. IF THE PRELIMINARY PLAT IS APPROVED, IT SHOULD BE SUBJECT TO THE FOLLOWING CONDITIONS: i s 43 CITY OF EAGAN HILLTOP PLAZA AUGUST 25, 1981 PAGE THREE 1. THE ASPHALT SURFACING AND CONCRETE CURBING SHALL BE PROVIDED IN ALL AREAS OF THE PARKING LOT WHERE THE PARKING LOT WILL NOT BE EXPANDED IN THE FUTURE. 2. OUTLOT B SHALL BE DEDICATED TO THE CITY FOR ROAD RIGHT-OF-WAY IN CON- JUNCTION WITH THE UPGRADING OF COUNTY ROAD 30. THE ROAD SHALL ALSO BE CONSTRUCTED TO STANDARDS DESIGNATED BY THE CITY AT THAT TIMED OR, THIS DEDICATION AND UPGRADING SHALL OCCUR WITHIN SIX MONTHS AFTER THE CITY HAS REQUESTED THE DEVELOPER TO INSTALL THIS ROADWAY. 3. THE PRELIMINARY.PLAT SHALL BE SUBJECT TO DAKOTA COUNTY PIAT COMMISSION'S REVIEW AND COMMENTS BECAUSE IT ABUTS COUNTY RIGHT-OF-WAY. 4. A LANDSCAPE PLAN SHALL BE SUBMITTED AND APPROVED BY THE CITY FOR THE SECOND PHASE, AND AN ADEQUATE LANDSCAPE BOND SHALL BE SUBMITTED AND NOT RELEASED UNTIL ONE YEAR AFTER THE LANDSCAPING HAS BEEN COMPLETED. 5. THAT A VOR 6' VARIANCE BE GRANTED TO THE BUILDING LOCATION VS. THE 171, AND A ZERO SETBACK VARIANCE FROM THE WEST LOT LINE ALSO BE GRANTED FOR THIS DEVELOPMENT. 6. ALL OTHER CONDITIONS SHALL APPLY REGARDING ACCESS AND SITE DEVELOPMENT AS WAS ORIGINALLY APPROVED IN ACCORDANCE WITH THE STAFF REPORT OF MARCH 21, 1979. THE SITE PLAN SHALL CONFORM TO ALL OTHER APPLICABLE ORDINANCES. DCR/JAC F i 4 I f i TO: ADVISORY PLANNING COMMISSION, C/0 DALE C. RUNKLE, CITY PLANNER FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: AUGUST 20, 1980 RE: PRELIMINARY PLAT - HILLTOP PLAZA (CHARLES JAMES) THE PUBLIC WORKS DEPARTMENT HAS THE FOLLOWING CONQr1ENTS TO OFFER FOR CON- SIDERATION FOR THE ABOVE REFERENCED PLAT: UTILITIES SANITARY SEWER AND WATERMAIN OF SUFFIIIE NG OF CAPACITY F RSAN DEPT HAS1 BEEN TMESE STALLED TO SERVICE THE EXISTING BUILD UTILITIES WILL BE AVAILABLE TO PROVIDE SERVICE TO THIS SECOND PHASE DEVELOP- MENT. HOWEVER, BEFORE THE THIRD OR FUTURE PHASE DEVELOPMENTS OCCUR, THE WATERMAIN SYSTEM WILL HAVE TO BE LOOPED TO EITHER THE FUTURE UTILITIES TO BE CONSTRUCTED WITHIN OUTLOT B, OR TO THE TRUNK WATERMAIN WITHIN PILOT KNOB ROAD. STREET ACCESS THE EXISTING ACCESS TO LOT 1 HAS BEEN PROVIDED BY A DRIVEWAY CONNECTION TO PILOT KNOB ROAD. HOWEVER, THIS DRIVEWAY ACCESS HAS NOT BEEN PROPERLY CON- STRUCTED TO THE REQUIRED RADIUS DIMENSIONS ONTO PILOT KNOB ROAD WHICH HAS CREATED HAZARDOUS INGRESS/EGRESS TO THIS FACILITY. THEREFORE, IT SHOULD BE A REQUIREMENT OF THIS SECOND PHASE TO UPGRADE THE EXISTING DRIVEWAY ACCESS ONTO PILOT KNOB ROAD TO PROVIDE FOR A 30' RADIUS. A SECONDARY, TEMPORARY CONNECTION IS BEING PROVIDED FOR ACCESS TO COUNTY ROAD 30 IN . THE SOUTHEAST CORNER OF THIS PROPOSED PLAT. THE LOCATION AND ELEVATION OF THIS ACCESS ROAD IS TEMPORARY IN NATURE DUE TO THE FUTURE RELOCATION AND LOWERING OF COUNTY ROAD 30. AT SUCH TIME THAT COUNTY ROAD 30 IS UPGRADED, THIS TEMPORARY ACCESS ROAD SHALL BE RELOCATED TO WITHIN THE BOUNDARY LIMITS OF OUTLOT B WHICH MUST BE DEDICATED FOR PUBLIC RIGHT-OF-WAY AT THAT TIME. SIMILARLY, A MINIMUM 30' RADIUS MUST BE CONSTRUCTED FOR THE CONNECTION TO COUNTY ROAD 30 OF THIS TEMPORARY ACCESS ROAD. GRADING AND DRAINAGE WHEN THE FIRST PHASE DEVELOPMENT OCCURREDONONPLOT 1,ARCEL BEBLOCK ADED ILLTOVIDE ES- TATES, IT WAS A REQUIREMENT THAT THE ENTIRE FOR THE FUTURE ELEVATIONS TO ALLOW THE CITY TO PROCEED WITH THE INSTALLA- THETION OF UTILITIES AND STORM SEWER FACILITIES. HOWEVER, NOT FULFILL HIS COMMITMENT IN PROVIDING THE NECESSARY GRADING. SUBSE- QUENTLY, THE CITY HAD TO CLOSE OUT AN INCCMPLETED.CONTRACT DUE TO THE DEVELOPER'S LACK OF COOPERATION IN ABIDING BY THE CONDITIONS OF HIS FIRST PHASE APPROVAL. SUBSEQUENTLY, THERE PRESENTLY ARE NO STORM SEWER FACILITIES CONSTRUCTED TO HANDLE THE DRAINAGE GENERATED BY THIS SECOND PHASE CONSTRUC- TION. A STORM SEWER SYSTEM WITHIN OUTLOT B IS AVAILABLE FOR THIS INTERNAL DRAINAGE. HOWEVER, IT WILL AGAIN BE NECESSARY TO HAVE THIS SITE PROPERLY GRADED BY THE DEVELOPER TO ALLOW THIS STORM SEWER CONSTRUCTION TO TAKE PLACE. WHEN THIS IS COMPLETED, ALL DRAINAGE WILL BE DIRECTED INTO A STORM SEWER SYSTEM AND CARRIED EASTERLY INTO THE HILLTOP ESTATES DRAINAGE BASIN AND ULTIMATELY TO CARLSON LAKE. 4 5 RESPECTFULLY SUBMITTED, THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS CITY OF EAGAN HILLTOP PLAZA AUGUST 25, 1981 PAGE FOUR ENGINEERING RECOMMENDATIONS 1. A DETAILED GRADING AND DRAINAGE PLAN MUST BE SUBMITTED AND APPROVED PRIOR TO FINAL PLAT APPROVAL. THE DEVELOPER SHALL BE REQUIRED TO COMPLETE HIS GRADING PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR THIS SECOND PHASE CONSTRUCTION. l 2. THE DEVELOPER SHALL BE REQUIRED TO PROPERLY CONSTRUCT DRIVEWAY ENTRANCES ONTO COUNTY ROAD 30 AND 31 TO THE CITY'S APPROVAL. 3. THE INTERNAL STORM SEWER SYSTEM MUST BE APPROVED BY THE CITY AND CONSTRUCTED PRIOR TO ISSUANCE OF A BUILDING PERMIT. ti 4. A TEMPORARY 5' BITUMINOUS PATHWAY SHALL BE CONSTRUCTED ALONG THE EAST SIDE OF PILOT IC40B ROAD TO PROVIDE FOR PEDESTRIAN ACCESS TO THIS PROPOSED FACILITY. TAC/JAC i I t 46 33. _ 24200 lNE TANW-Nf, WALL LOT I w 156 I II �^ s PROPOSED .� BLDG. SCALE ' o F ,!! 0 40 ► I ! ► ! L-----------J yEXIS EDGE OF I ROAD I ► , • ' Q. i 1 5' I 30' 10 i 210•• • � '�+� �0 _—_ ► — T�---r-- —�•' zd zo' a 42' e' 1w FUTURE EDGE OF , --- RDAo LOT 2 >1474 93 z 1 i D 0 sU TEMPORARY ACCESS a LOT 3 ~� \ a ,\ o O X , Im FUTURE DEVELOPMENT O Z 47995 { ,J 7 UTURE ROAD 40007 12 17 in COUNTY ROAD 30 50000 EsST:aG E SITE PLAN / PRELIMINARY PLAT LOCATION MAP �------ S--Z - 4f ,y - T.�-• -- 1 ---- I SITE DATA n� • �r1.. I G ( ' 4.5 NET ACRES E,.GAN i LOT i Existing Bldg. 5,788 S F 1.00 AC. --4 1 1 •`�+=•-.' ( , - , L07 2 Proposed BIdg.12,852 5 F 1.64 AC. •• _ C �� :? ---_ i-_ LOT 1 Future 8idg. NA 1.86 AC. i - VTE--,.Y. �! 4-7 TOTAL 18,640 SF 4.5 AC. -:_-- ,;• ; PARKING SPACES PROVIDED LAT 182 127 (124 RE0'D) _ ;L_ - i ss �—" tit / '^ ,• •� 60• PNOPOSED SANTARY SEWER SER v F141SHED FLOOR 941.3 FiNISHEO FLOOR 941.3 5 j�j t �il77--- 71 _ _ S-.'_ — -- - --• -+--- I '� -_^ _ ;-' � ' FINISHED Ir----r---- {lYI vs �a, - FLOOR 1 iL o3 All f 'bt ., - . Y1S7 -�- 941.3 �� •Xaa ask IAL Ix Ix -- z 1 .lq. - j u TEMPORARY ACCESS LOT 3 10 cr- i BfSCtc9.D ' OPMENT �» m^ � FUTURE DEVEL Iran as po, Im ble � I 10 f I io °' _I ` 1 ✓� UTURE ROAD - � i, z•t7� INSTALL 94TUMrNOUS SPRLWA9 I ----� -MATCH EXISTING r,. • •'7e _ BLACKTOP l 7� COUNTY ROA_ D 30 l - GRADING & UTILITY PLAN �q NOTE SEED 8 MULCH DISTURBED AaEAS UTILITIES LEGEND EXISTING SANITARY SEWER �_�c,-----�-3 EXISTING STOPV SEWER .v—d— EXISTING WATER MAIN PMCPOSEO SAN.TARY SEWER PPOaOSEp STGFv SExER �.�1---1---�� PRGPOSEO WATER MAIN SAN^Aar SEER SERVICE _____� WATER SERVICE 00 ri 3 0 Q \� i yam• r t :� F" cs to E . 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' P R-I + air l" 1„ R-11 R-11 P • R-t R-11 , P14 • �, ; ( 1 `V-C •-SRC EMCliN� - � , 77-2 WINDC;t5i A A — AD 1�3M 2 " R - I -� c A S _ — - -- -- ` ?44E PF el A li, , }( Z/ O / _ A J "- a. R J . •• yl( .yam ��:.."� r P F f . R B51 S�b ' ,g R-3 ,- C S A N_ 30 I �`. • , RBF73i �q jk _ PF ---T —r _ r - o _ - 44-_*mss FL'_ 1 `SPK. . � .� T HG M A S i L+4KLu i T..• y ,. A HEGHT.$ - y PF . T PD SAABLaR 77.2 . .,;,A, _ R- I a;r PK ,t p A ;;v.0 iAT; SAFARI i f Mx _ aA4 MAR - IsEAGAN I " '� -; - '. ' } R—I �'�,:� PK PF ; 1 B371" PLAZA — PLAT AND VARINIM The public hearing regarding the application of James Refrigeration and Charles James for preliminary plat of Hilltop Plaza and variance from the setback requirements along a public street were next convened by the chairman. James Hill appeared on behalf of the applicant. The proposal indicated an additional temporary access to County Road and there was considerable discus- sion concerning the variance for the building setbacks along the east and west line of the proposed building number two. It was noted that the building could be shortened in order to avoid the variance. In addition, the service road proposed indicated Outlot B may not be required to the north line into Hilltop Estates in the future. It was also suggested that there be a service road completely around the building noting that there were advantages both for and against that proposal. Mr. Colbert further stated that the developer has not as yet completed the grading for phase I and that the storm sewer system could not be completed for that reason. After extended discussion, Gits moved, Bohne seconded the motion to recommend approval of the preliminary plat according to the following conditions: 1. The asphalt surfacing and concrete curbing shall be provided in all areas of the parking lot where the parking lot will not be expanded in the future. 2. Outlot B shall be dedicated to the City for road right-of-way in conjunction with the upgrading of County Road 30. The road shall also be constructed at the owner"s cost to standards designated by the City at that time, or, this dedication arra upgrading shall occur within six months after the City has requested the developer to install this roadway and that assess- ments may be levied against Lots 2 and 3 of the commercial center when such improvements are installed. 3. The preliminary plat shall be subject to Dakota County Plat Commission's review and comments because it abuts County right-of-way. 4. A landscape plan shall be submitted and approved by the City for the second phase, and an adequate landscape bond shall be submitted and not released until one year after the landscaping has been completed. 5. All other conditions shall apply regarding access arra site devel- opment as was originally approved in accordance with the staff report of March 21, 1979. The site plan shall conform to all other applicable ordinances. 6. A detailed grading and drainage plan shall be submitted and approved prior to final plat approval. The developer shall be required to complete his grading prior to the issuance of a building permit for the second phase construction. 4 S3 7. The developer shall be required to properly construct driveway entrances onto County Road 30 and 31 to the City's approval. 8. The internal storm sewer system shall be approved by the City and constructed prior to issuance of a building permit. 9. A temporary five-foot bituminous pathway shall be constructed at developer's expense along the east side of Pilot Knob Road to provide for pedestrian access to this proposed facility. 10. A cross-easement for parking and access purposes shall be pro- vided as requested by the City. Bohne, Gits, Turnham, and Krob voted in favor. Wilkins and Harrison voted against. Bohne then moved, Wilkins seconded the motion to recommend denial of the variance indicating that there is no hardship shown and that the building can be made to conform to the setback requirements including the setback from proposed Outlot B which is designated as a future street. All voted yea. S4 Agenda Information Packet September 11 , 1981 Page Twelve HARDEE'S-RESTAURANT- --CONDITIONAL- USE PERMIT FOR PYLON SIGN C. Hardee' s Restaurant for a Conditional Use Permit to Allow a Pylon Sign -- A public hearing- was held at the last regular Advisory Planning Commission meeting to consider a conditional use permit to allow a pylon sign adjacent to the Cedar Avenue Freeway on Cliff Road. If the condtional use permit was to be approved, there were three ( 3) variances required. Two of the variances were recommended- for ecommendedfor denial and the third variance was sent to the City Council with no recommendation. ' * The first two variances , one to allow two pylon signs on the premises, and the other to allow the spacing of the signs as less than 300' were recommended for denial . The variance sent to the City Council with no recommendation was a variance to allow the sign to exceed the 125 square feet requirement by 10. 2 square feet. For additional information on the matter, please refer to the Administrative/Planning Assistant' s report on pages - Sr- - through 63 -- . For additional information on the action taken Ty—the Advisory g7.anning Commission, refer to a copy of those minutes found on page 64- - ACTION 4- •ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the Advisory Planning Commission to deny the conditional use permit based on the fact that two of the variances were recommended for denial and one variance was sent to the Council with no recommendation'. SS CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT FOR A PYLON SIGN i APPLICANT: GROWTH, INC. (HARDEE'S RESTAURANT) LOCATION: LOT 1, BLOCK 1, DURNINGS SUBDIVISION - 4615 CEDAR AVE EXISTING ZONING: LB (LIMITED BUSINESS) DATE OF PUBLIC HEARING: AUGUST 25, 1981 DATE OF REPORT: AUGUST 20, 1981 REPORTED BY: KURTIS G. ULRICH, ADMINISTRATIVE/PLANNING ASSISTANT APPLICATION SUBMITTED ! AN APPLICATION HAS BEEN SUBMITTED FOR A CONDITIONAL USE PERMIT TO ALLOW A PYLON SIGN ADJACENT TO THE CEDAR AVENUE FREEWAY ON CLIFF ROAD, 4615 CEDAR AVENUE. i COMMENTS 1. THE LOT IN QUESTION HAS AN EXISTING 10' PYLON SIGN LOCATED ON THE EASTERN SIDE OF THE LOT WHICH IS OPPOSITE THE CEDAR AVENUE FREEWAY. 2. ORDINANCE REQUIREMENT STATES THAT NO PYLON SIGN SHALL BE LOCATED WITHIN 300' OF ANY OTHER PYLON SIGN MEASURED ON THE SAME SIDE OF THE STREET. THE LOCATION OF THE PROPOSED FREEWAY SIGN IS APPROXIMATELY 240' FROM THE EXISTING SIGN ON THE OPPOSITE SIDE OF THE LOT. THEREFORE, A VARIANCE WILL . BE REQUIRED. 3. THE APPLICANT HAS PROPOSED A PYLON SIGN WHICH IS 27' IN HEIGHT AND 135.2 SQUARE FEET IN AREA. THE 27' MEETS ORDINANCE REQUIREMENTS, BUT THE 135.2 SQUARE FEET IS LARGER THAN THE 125 SQUARE FEET ALLOWED UNDER ORDINANCE. THEREFORE, A VARIANCE WOULD BE REQUIRED TO ALLOW THE LARGER SIZE SIGN. (SEE ATTACHED LETTER FROM APPLICANT FOR AN EXPLANATION OF THIS REQUEST.) 4. ACCORDING TO THE ORDINANCE AMENDMENT PERTAINING TO FREEWAY SIGN LOCATION j (SEE ATTACHED), A FREE-STANDING GROUND SIGN IS ALLOWED IN ADDITION TO A PYLON SIGN IF IT IS LOCATED ON THE OPPOSITE SIDE OF THE FREE14AY. NO PRO- VISION IS MADE TO ALLOW AN ADDITIONAL PYLON SIGN. ll-EREFORE, A VARIANCE OF THE ORDINANCE WOULD BE REQUIRED. THERE ARE NO OTHER PYLON SIGNS LOCATED WITHIN 300' OF THE EXISTING OR PROPOSED SIGNS. HOWEVER, THE ADJACENT PROPERTIES ARE COMMERCIALLY ZONED. IF APPROVED, THE CONDITIONAL USE PERMIT WOULD REQUIRE THE FOLLOWING: 1. A VARIANCE TO ALLOW TWO PYLON SIGNS ON THE PREMISES - THAT IS, ONE FREEWAY PYLON SIGN AND ANOTHER PYLON SIGN LOCATED OPPOSITE THE FREE- WAY. s6 CITY OF EAGAN GROWTH,. INC. (HARDEE'S RESTAURANT) AUGUST 25, 1981 PAGE TWO 2. A VARIANCE TO ALLOW THE SPACING OF SIGNS TO BE LESS THAN THE 300' MINIMUM REQUIRED BY ORDINANCE. 3. A VARIANCE TO ALLOW 135.2 SQUARE FEET OF SIGNAGE - 125 SQUARE FEET IS ALLOWED BY ORDINANCE. 4. THE CONDITION THAT THE FREEWAY SIGN SHALL NOT EXCEED 27' IN HEIGHT. 5. THE CONDITION THAT NO PYLON SIGN SHALL BE LOCATED NEARER THAN 10' FROM ANY STREET OR HIGHWAY RIGHT-OF-WAY, PROPERTY OR DIVIDING LINE. 6. THE CONDITION THAT THE SIGNS IN QUESTION SHALL BE IN CONFORMANCE WITH ALL OTHER APPLICABLE ORDINANCE REQUIREMENTS. KGU/JAC t 5-7 RECEIVEn JUL 3 Dan Dolan Better REALTORS) A �:and Gardens July 28, 1981 Mr. Dale Runkle City Planner City of Eagan P.O. Box 21199 Eagan, Minnesota 55122 Dear Mr. Runkle: We are enclosing our application for conditional use permit for a large freeway sign planned when we built Hardee's restaurant two years ago. At that time building signs on three sides comprising 20% of the total square foot area of the building were allowed and this was not our desire. Because freeway signs and two per location located on this freeway are permitted we request approval of Hardee's Model #816 road sign with a square foot area of 135.2 square feet and 27 feet in height. I realize 125 square feet is the recommended size, but respectfully request your approval of the additional 10 feet inasmuch as the next smallest sign is less than half the size of the #816. The present sign located at the east end of our property is 10 feet in height and has a small appen- dage "drive thru" attached to the pole. For this reason it would be impossible to lower the basic sign below the 10 feet it now stands. As you know, the county has requested we again close the main entrance which was approved by the City of Eagan at the time of our permit and this of course makes it extremely difficult for us to operate at a profit. The freeway sign is therefore an extremely necessary ingredient to a . successful operation. I certainly hope that the planning commission and, in turn, the mayor and city council approve this request for us. Respectfully, GROWTH, INC\ I aniel F. D n { DFD:m ' i 1 i i CORPORATE OFFICE 1 COTTAGE GROVE OFFICE ! GRA14DAVF3'IUEOFFICE I HIGHLAND•GROVELANDOFFICE 313 Nonhwest Crossing Bldg Grove v:za Center i 050 Cranc+verve 241 Cieveiana Avenue South SL Paui,MN 55101 Cottage Crove.,MN 55016 St.Piul.N%55'"'5 St.Paul.MN 55105 Telephone1612)2-27-7777 Telephone 1612)458-G400,q Teiephone+612)2244321 Telephone(612)690-1777 8 NORTH OAKS-SHOREVIEW OFFICE s WHITE BEAR OFFICE I WOODBURY OFFICE a ME'4DOTA HEIGHT& 3486 Rice street 3629 White Bear avenue W oocb m.MN 55125 WEST ST.PAUL OFFICE St.Paul.MN 55112 St.Paul.,Hy55110 Tewphonei612)738-2770 817 SibleviM.emonalHighway ®MLS Telephone(612)482-8282 Telephone(.612)426-1347 St.Paul.,+1^155118 QEAC�A, Telephone(612)457-5757 R`i.C1'vC0 JUL J 0 i6i Model 816 : . ! Road Sign Area: 135.2 square feet SPECIFICATIONS Electrical: u 14 F84T12/CW/H0 Lamps 2 488D France Ballasts 2 388D France Ballasts Maximum Electrical Load 13.4 amps. Requires 1-30 i . • Amp 120V Circuit Structure: Engineered for minimum F 30 PSF windload (approx. 100 mph) Colors: 16'5"x 8'3" Orange matches PMS 172—Brown matches PMS 469- Screen application to match Hardee's specification Plastic Faces: ( Cast Acrylic .250"Thickness i Upright Cover: Furnished by General Contractor Inspection: Underwriters Laboratories inspected and approved. A All signs bear the UL Label "F Scale Y."=1' 0 ` 1 511 Road Sign , , j Area: 57. uare feet '* SID CIFICAT! Electrical: g 10 F48T12/CW/HO La — s~ "k 2 568D France Ballasts '' •• • �' i • `� Maximum Electrical Load 8.0 a .. ,- Requires 1-15 Amp 120V Circuit R^Ay Structure: Engineered for minimum 30 PSF windload 10'10"x 5'5" (approx. 100 mph) Colors: Orange matches PMS 172— _ Brown matches PMS 469 Screen application to match Hardee' specification = Plastic Faces: Cast Acrylic .187"Thickn- Upright Cover. Furnished by Ge Contractor Inspection: Underwrr, Laboratories inspected and appr All signs bear the UL Label Scale 5'9 so I,ulidi'��S,QrtR d rot t�Dwsur� " ZAi p, . • � f -1 -._� �sore-mka y`.:t�-e v�� .- - Wrfw Lsta41t4 t� 6t.'- 2[a�, 1 ,e r4 nc a nuo �� a D� • �`J yf�l fA�K/[+t_S�� i-:z _o f �S `• :ueccra• z,s-ss �L f L — � :� _ �iy/ ��(f7iJCC.;•W'.gm-dLM - .,, JI '41 ; Y—f f s 4l�• _ _rI� 1_ r ��i ,F � � �+s/ct,•+may / i -L • i / _ �_ Q5 to • - - tut . � I �M Y � � I ( � � �Swwr: T9 .Nc.�"•Lt� - -Jr + - -- -�►—t -- Ifs / - W.Y i*oc.w a-_a 10r Stu+ _ . . .. . .A wtar use r ` ` ` _ �""` _ CO�'JH�Jovy -� •• - -�+,�,vt��,,nK uJr � 11- - CITY OF EAGAN DAKOTA COUNTY, MINNESOTA AMENDMENT TO ORDINANCE NO. 16 - SIGN ORDINANCE THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA, DOES HEREBY AMEND ITS ORDINANCE NO. 16 AS FOLLOWS: SECTION 16.06 -- FREE STANDING BUSINESS SIGNS, STANDARD: Subdivision 4 -- FREEWAY LOCATIONS. An on-premise pylon sign for- identification purposes is allowed for a business sign located directly adjacent to a freeway within the City of Eagan. Any business that acquires a permit to erect a pylon sign for , freeway identification may be allowed, an additional free--standing ground sign to be located on the side of the property opposite of the freeway. All signs must comply in all other respects with the provisions of this Ordinance. A freeway shall be defined as a principal arterial highway as defined in the Comprehensive Plan. ATTEST: CITY COUNCIL CITY OF EAGAN By By: �anvlOver e e, ity e ., eat cta Blomquist, Mayor Original Ordinance Adopted: May 19, 1964 Amended Ordinance Adopted: July 7, 1931 Published in the Dakota County Tribune: JuIT23, 1981 1 -- _ --------------- 17 RB f' Ind. • - - p - L • - _- t . R1.. r ~ Ind Ind ..+tom. .71 IB - In f 7 _ t RaV - —�-+F---- . ..... , Ind_ MID, R- + / • - Ind. Ng LB i R mI C R-11• -- f . LB RaI + CSC _ P - p R-11 LS Rill .;is a ;-?:t R4_- _ R4 T E t - ® R-;V NALL R-Il Q InP R I R " R41 R I HS B :„1`, _ R-11 r P I R-III- p R-1 R-11 P LB iLS } ` R-I R-It R.,if R 4_#j = 1 '1�3 — R-:II CSC/GBILE u p R41 csc p E R-II p t y R-1I a LB R41 EIB Mr _f j R LBD LB R-1 -- R-I G R-I R-iF < >Wn p R-11 Q R-II •aw Ry, R-11 R-I R-11 P p L I r�. R - I C - � GB G8 - EEN R _ -4 t P IPF + � JUN+ t PF �, N8 N �.- PF M+GH m , 8 U r SCHOOL rTr t S`s, o k V • r Sjq 1 t..� PK a MARI PF Csc � +---+----_, •ti;` ��_`�'PIC f `r Li a , ' RIVER R 8 It ' � UB - � PF rEsr ;'. Z , SurT A LB - � ENTER _4 A R8 co ILI I 1 R-i VS 1a0Z +Tr COMITIaOL USE PffiKIIT — PTUIN SIGN The hearing regarding the application of Growth, Inc., consisting of Hardee's Restaurant for conditional use permit for a pylon sign adjacent to the Cedar Avenue freeway on Cliff Road at 4615 Cedar Avenue was convened by Mr. Harrison. Dan Dolan appeared for the applicant and reviewed the proposal which would require three variances including a variance to allow two pylon signs on the present premises, a variance to allow spacing of signs to be less than 300 feet minimum, and a variance to allow 135.2 square feet of signage above the 125 square foot allowed by ordinance. There were strong concerns expressed by Planning Commission Members about three variances required and the precedent problem, noting that two variances could be eliminated by chang- ing the existing 10-foot pylon sign to a 7-foot ground sign and permitting a single pylon sign along the freeway. That would require one variance of an increase of 125 to 135.2 square feet and Mr. Dolan indicated that Hardee's has only prebuilt signs noting that there would be extreme economic hardship if a custom sign were to be required. After a lengthy discussion concerning the problems of precedent and the possibility of other owners along the freeways requesting variances on a regular basis, Bohne moved, Gits seconded the motion to recommend approval of the application for variance to allow the square footage to be increased to 135.2 square feet noting that there would be strong hardship for the applicant; but that the other two variances be recommended for denial. Those in favor were Gits, Bohne and Rrob. Those against were Harrison, Wilkins and Turnham. The application will be submitted to the City Council without action by the Planning Commission. 64 Agenda Information Packet September 11 , 1981 Page Thirteen THOMAS GEGAX - PYLON SIGN REQUEST D. Thomas Gegax for a Conditional Use Permit for a Conditional Use Permit for a Pylon Business Sign (Amaco Station at Nicols Road and Diffley Road) -- A public hearing was held before the last regular Advisory Planning Commission meeting held on August 25, 1981 to consider a conditional use permit to allow a pylon sign adjacent to the Cedar Avenue Freeway for business identification purposes and a revision of an existing pylon sign located adjacent to Nicols Road. The Advisory Planning Commission is recommending denial of the conditional use permit to the City Council. For further information on this item, refer to the former Administrative Planning Intern' s report found on pages through -'7 Z- . For a copy of the action that was taken by the- cTvTisory Planni.n�ommis- sion, refer to those minutes, a copy of which is enclosed on page 73 ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the Advisory Planning Commission' s recommendation to deny approval for a conditional use permit for Thomas Gegax (Amaco Oil) . l7 • i CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT TO ALLOW A PYLON SIGN APPLICANT: THOMAS GEGAX LOCATION: NE14 OF THE NWk, SECTION 30, 4205 CEDAR AVE. SOUTH EXISTING ZONING: RB (ROADSIDE BUSINESS) DATE OF PUBLIC HEARING: AUGUST 25, 1981 DATE OF REPORT: AUGUST 19, 1981 REPORTED BY: KURTIS G. ULRICH, ADMINISTRATIVE/PLANNING ASSISTANT APPLICATION SUBMITTED AN APPLICATION HAS BEEN SUBMITTED FOR A CONDITIONAL USE PERMIT TO ALLOW A PYLON SIGN ADJACENT TO THE CEDAR AVENUE FREEWAY FOR BUSINESS IDENTIFICATION PURPOSES, AND A REVISION OF AN EXISTING PYLON SIGN LOCATED ADJACENT TO NICOLS ROAD. COMMENTS 1. THE LOT IN QUESTION HAS AN EXISTING 24' PYLON SIGN LOCATED ADJACENT TO NICOLS ROAD. THE PROPOSAL CALLS FOR A REVISION OF THIS SIGN WHICH WOULD REMOVE THE 6 X 10' "STANDARD" LOGO AND REPLACE IT WITH AN 8 X 8' "TIRE PLUS" BUSINESS SIGN, WHICH HAS FOUR ROWS OF CHANGEABLE LETTERING (SEE ATTACHED EXHIBIT). THESE REVISIONS WOULD INCREASE THE OVERALL HEIGHT OF THIS SIGN BY TWO FEET TO 26 FEET. 2. THE 6 X 10' "STANDARD"LOGO IS PROPOSED TO BE UTILIZED FOR A 27' PYLON SIGN ADJACENT TO THE FREEWAY ON THE NORTHWEST CORNER OF THE LOT (SEE ATTACHED EXHIBIT FOR LOCATION). 3. ORDINANCE REQUIREMENTS STATE THAT NO PYLON SIGN SHALL BE LOCATED WITH- IN 300 ' OF ANY OTHER PYLON SIGN MEASURED ON THE SAME SIDE OF THE STREET. THE LOCATION OF THE PROPOSED FREEWAY PYLON SIGN IS APPROXIMATELY 70' FROM THE EXISTING PYLON SIGN ON NICOLS ROAD. IN SUMMARY, THE PROPOSAL, IF APPROVED, WOULD GRANT A CONDITIONAL USE PERMIT FOR A 27' PYLON SIGN ADJACENT TO THE FREEWAY AND WOULD ALLOW THE APPLICANT TO RETAIN THE EXISTING PYLON SIGN WITH THE NOTED REVISION. ATTACHED IS A COPY OF THE CITY ORDINANCE PERTAINING TO THE FREEWAY LOCATION OF PYLON SIGNS. UNDER THE ORDINANCE, AN ADDITIONAL FREE-STANDING GROUND SIGN IS ALLOWED ON THE SIDE OF THE PROPERTY OPPOSITE THE FREEWAY. THEREFORE, IF THE EXISTING PYLON SIGN IS ALLOWED TO REMAIN, A VARIANCE OF THIS ORDINANCE WOULD BE RE- QUIRED TO PERMIT TWO PYLON SIGNS ON THE PREMISES. ALSO, A VARIANCE OF THE 300 ' SPACING- REQUIREMENT FOR PYLON SIGNS WOULD BE NECESSARY. CURRENTLY, CITY OF EAGAN THOMAS GEGAX AUGUST 25, 1981 PAGE TWO =.« - i Fri a THERE ARE NO OTHER PYLON SIGNS LO- CATED WITHIN 300' OF THE PROPOSED I PYLON SIGNS, MEASURED ON THE SAME .T SIDE OF THE STREET. HOWEVER, THE4 {� ADJACENT PROPERTY TO THE NORTH, - - SOUTH AND EAST IS COMMERCIALLY v ZONED AND DEVELOPED (SEE ATTACHED ZONING MAP). d T_A f IF APPROVED THE CONDITIONAL 'USE PERMIT WOULD REQUIRE THE FOLLOWING: . - PHOTOGRAPH OF THE EXISTING PYLON SIGN ON CLIFF ROAD 1. A VARIANCE TO ALLOW TWO PYLON SIGNS - THAT IS, ONE FREEWAY PYLON SIGN AND ONE PYLON SIGN LOCATED ON THE PROPERTY OPPOSITE THE FREEWAY. 2. A VARANCE TO ALLOW THE SPACING OF THE SIGNS TO BE LESS THAN THE 300 FOOT MINIMUM REQUIRED BY ORDINANCE. 3. THE CONDITION THAT THE NICOLS ROAD PYLON SIGN SHALL NOT EXCEED 26' IN HEIGHT FROM GROUND LEVEL. 4. THE CONDITION THAT THE NICOLS ROAD PYLON SIGN SHALL NOT EXCEED THE 100 SQUARE FEET PER SIDE AS INDICATED ON THE ATTACHED EXHIBIT. 5. THE CONDITION THAT THE FREEWAY PYLON SIGN SHALL NOT EXCEED 27' IN HEIGHT FROM GROUND LEVEL. 6. THE CONDITION THAT THE FREEWAY PYLON SIGN SHALL NOT EXCEED 60 SQUARE FEET PER SIDE. _ 7. THE CONDITION THAT NO PYLON SIGN BE- LOCATED NEARER THAN 10' FROM ANY STREET OR HIGM.JAY RIGHT-OF-WAY NOR NEARER THAN 10' FROM ANY PROPERTY OR DIVIDING LINE. 8. THE CONDITION THAT THE EXISTING PYLON SIGN ON NICQLS ROAD SHALL REMAIN IN THE SAME LOCATION. 9. THE CONDITION THAT THE SIGNS IN QUESTION SHALL BE IN CONFORMANCE WITH ALL OTHER APPLICABLE ORDINANCE REQUIRE'^ENTS. KGU/JAC 67 1 t i - mew 1 � >.�Oolil_cv CADPI, Fy I sL,c,c. � - EXI6TIN0 i BELF 5EKVE PRICE SIGN • V i � E (IZ:-o*'DC-,RAcE) Ltirc -� �*'C'N•I' J:EW Lawrence Signe, Ina63 nese ow.e. gk �.. y .11►s illt: _`ESS.40 1 .. % •aav - _ Qj- 10 Llk • 40. Ir . I • - w.aa.,•..a n at rr.•t -, b wa a�a•raf _y V , 12 • 5 t P.L=150 - Q - i of a � L • A � b.••••t ►.rat IMf •It•iM•K aar Y•aawt • .• J • ^.- _ 7Aa•w a. +-.•... •per-�A1L i O M 3p" :./Ni for' ♦1 .f7Y lO ob a 4r 1 C 1 y 1, Lx P ji g\jk% •CEDAR AYE, v."- �CO�JJVTY ROAD No. 23) '^' f CITY OF EAGAN DAKOTA COUNTY, MIWESOTA AMENDMENT TO ORDINANCE NO. 16 - SIGN ORDINANCE THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA, DOES HEREBY AMEND ITS ORDINANCE NO. 16 AS FOLLOWS: i SECTION 16.06 -- FREE STANDING BUSINESS SIGNS, STANDARD: ! Subdivision 4 -- FREEWAY LOCATIONS. An on-premise pylon sign for- identification purposes is allowed for a business sign located directly adjacent to a •freeway within the City of Eagan. Any business that acquires a permit to erect a pylon sign for freeway identification may be allowed an additional free-standing ground sign to be located on the side of the property opposite of the freeway. All signs must comply in all other respects with the provisions of this Ordinance. A freeway shall be defined as a principal arterial highway as defined in the Comprehensive Plan. ATTEST: CITY COUNCIL CITY OF EAGAN y . _L`C`Z� y VanOverbe e, ityer eat ccaoommquist, Mayor Original Ordinance Adopted: May 19, 1964 - Amended Ordinance Adopted: July 7, 1981 Published in the Dakota County Tribune: July-23 , 1981 4 70 Ll - 1c ... T % AR y GS 1 FEN 8 { R - 4 PF � PF JUN C� PF PF o N B N8HiGH • �� , B -2 SCHOOL P a i P PK KII •�`.'^• fir. • .` L'` f.,�r .>ra y•'''.: PF xMARI R-4 R \ ; CSC `"�. L r�-i --- ••r-,. . ,: R- A C S C t_ a 4 - A.w. o t— . tl1 " RIVER (nP T rE5T B '! ` Z �'� A L B J EN R ^" cl� � A " -� - �_ � A R A SLAT777 • • 1 _ RB •i` ``1 rJ , is 'J - - - _.-_�- Ind. GCLF LAOW ' R! f31. "-Ind r- Ind -- -- ZAN - � ' o° ind. -- ' `�v ' • . . •� K� R•y '..- /- �.... tin .0 T' •" - - 7 +~ -_ - S// iia..% � RW � .eas- .s-___ — • Rt p .41 I ' Ind. ^ _ _ , R-Wt R-a P LBR-11 .) = ' '..� :� -- •a'rl R. LB _ —_ - CSC R-9 ;- t4P c n. t Rill: . . s.�.R-1Ra ` 3 E • P R-;1f r • - f;111 - , � R-II Y / Ind -�� p r _ l HALL R_ M' , R41 L - R I HS RJ t GB fes` - - p p `R1� -� - R-III R R-0 • M R-1 8-111 R q_ a R`;'.; ,• _' R CSC/GBI R-1 . R-fn =� Rt Ti -.i -r ---- - .�-; t P P I `--� RSI csr P R�� y"IR-41 I R-:I' J V z LBD P • ° (rr �R_, LB LB R-I t` R-I R4 R-t R-11 P O 7 J R-II ,., ` nW, �✓ p , R-II i I P R_► R-II _ R-It - it f P L THOMAS GB= — CONDITIONAL IlSB PENT PKt STS oIL The application of Thomas Gegax for conditional use permit to allow a pylon sign at the Standard Oil station on Cedar Avenue and Diffley Road was next considered by the Planning Commission. Mr. Gegax appeared and requested that an application for conditional use permit be granted to allow a pylon sign adjacent to the freeway for business and advertisement purposes and revision of the existing pylon sign located adjacent to Nicols Road. There is an existing 24-foot pylon sign located on Nicols Road at the present and the proposal would provide for revision of the sign removing the six foot by ten foot "Standard" logo and replacing it with an eight foot by eight foot "Tire Plus" business sign with four rows of changeable lettering. The six foot by ten foot Standard logo is proposed to be utilized for a 27-foot pylon sign adjacent to the freeway. The permit would allow for a 27-foot pylon sign adjacent to the freeway and would require a variance to permit two pylon signs on the premises, a variance regarding the 300-foot spacing requirement for pylon signs, and it was further noted that the adjacent property is zoned commercial, although there are no other signs within 300 feet. There was also the possibility of other service stations in the area, including the 76 Station across the street, applying for the same type of duplicate pylon sign and again the precedent problem was discussed. Mr. Gegax stated that it is necessary to have a price sign for a service station business, and Mr. Bohne suggested a more innovative proposal for the sign on Nicols Road. Rrob moved, Wilkins seconded the motion to recommend denial of the application for lack of hardship and the precedent problems that would be created by the two variances that were requested. All voted in favor. Mr. Gegax stated that he had no other alternates to propose at the present time. 73 i Agenda Information Packet September 11 , 1981 Page Fourteen ADVERTISING SIGN - ROSEWOOD CORPORATION E. Temporary Advertising Sign for Rosewood Corporation -- An appli- cation was received for a temporary sign advertising the Four Oaks Apartment Complex. The advertising sign is proposed in the north- east corner of Yankee Doodle Road and Coachman Road. According to Ordinance 16 , temporary advertising signs are permitted for a period of two years. The proposed sign appears to meet all the requirements of Ordinance - 16 as reviewed by the City Planner. The City Planner is recommending that, if the sign Iis approved, it should be subject to the following conditions : 1. The sign shall be no more than 125 square feet, 2 . The sign shall be located no closer than 10 feet from the property line of the parcel, 3. The temporary advertising sign shall be approved for the first year and renewed for the second year. For a copy of the sign location and sign, please refer to pages 75" through 77 . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the temporary advertising sign according to the conditions as suggested by the City Planner. � 4 M - P [AV . S► R_4R- 4 �Br SIEt.EY T MINA i - R D I " _ INDU4 � R-1 R 414 RIA PARK a _ ` — ADDITION - A R- R-4 NB R-3 a a� - �aQ Oji=.t ' FoX GB A ;PK A -4 RIDGE Z � R-4 'I R-4 N B, , N B A \ J 1\0p- c,O�� ; Pte . — � C S C P ujjw4 75 3 R - 4 A A J - sc .IDGEVIEW as 16 A }O ARES' 9L +� S M DTION 4 JON / A CROFT � ELACKF# – - - t FI ACRES C - 1 HILLS CITV HAL A 1. . .•PAi�1� PF 77-2 _ A / A Ko. SLE . .'.+ i • l OF .��, �,• .� \. I!►.+f.. M � It .•.Y :.. ; ah ll ] • { � i4 144 0,7 1p t. Y " - � �'Gds - _ _�__�.,.,,,,_..:;..�•.�., 4._ - � µ s:. '•, to �, V �. 0� W Z oV �c p s Iwo0o `� C? LM o CV) `° IK m04 o o 0 zz LM co 0 cu E co s. LO 00 W6 RT zuF -77 Agenda Information Packet September 11, 1981 Page Fifteen UTILITY INSTALLATION F. Roger' Urban Request to Develop Land Without Utility Installation -- Mr. Roger Urban has met with the City Planner to discuss a plat- ting and rezoning request for a property described as a twelve acre site -at the northeast corner of the intersection of Hwy. 3 and County Road 32. Presently, this property is zoned agricultural and he is considering a rezoning to commercial use. Mr. Urban desires to meet all City subdivision and zoning requirements with the exception of developing the property without utilities . It was felt that, in fairness to the processing time spent by the City staff and the amount of investment required from Mr. Urban to proceed through the platting and rezoning petitions, the question of whether the property can be developed without utilities should be addressed formally by the City Council . Any action taken by the City Council does not commit the City to a future approval or denial of the future platting and rezoning. For information pertaining to Mr. Urban' s request, refer to pages -747 through S3 • ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the request of Roger Urban to construct a commercial building on a 12 acre site of land without utilities. (Platting and rezoning would still be required as separate action through the public hearing process with the Planning Commission and City Council. ) -78 September 2, 1981 1007 Cliff Road Eagan, Minnesota 55123 Tom Hedges City Administrator Eagan, Minnesota 55122 Dear Mr. Hedges: After speaking with Dale Runkle, I am writing this letter to request that the City Council grant permission to build without utilities on undeveloped land. He suggested that this question be resolved before spending a lot of time on plotting and rezoning matters. The land in question is located on the KE corner of the intersection of County Road 32 and Highway 3. Description and sketches of the site and proposed building are enclosed. The building would be occupied by four persons and is the only building on a 12 acre plot. The site is on top of a hill so there should be no_problem with the septic system. The council has granted similar requests for businesses along Highway 3 in the recent past. I would like to add that I have been a resident of Eagan for 8 years. The site is owned by me and the building is exclusively for the use of a small business owned by me. Please place this request on the council agenda as soon as possible. Thank you. Sincerely, Roger Urban enc. - RUtsmg PRELIMINARY INFORMATION APPLICATION FOR BUILDING PERMIT August 27, 1981 OWNERS: Roger A. Urban Judith A. Urban 1007 Cliff Road Eagan, Minnesota 55123 Legal Description: That part of the SE 1/4 of the SE 1/4 of Section 25, Township 27, Range 23, lying east of the right of way of the Chicago, Milwaukee, St. Paul & Pacific Railroad, except the south 313. 06 feet of the east 208.78 feet thereof. Location: The 12 acre site is at the northeast corner of the intersection of highway 3 and county 32. It is now zoned agricultural. It is logical for commercial use. A main line of the Milwaukee Railroad runs along the site. Long trains pass by throughout the day and night. Busy state highway 3 parallels the railroad. The highway and railroad isolate the property from potential residential developments in Eagan. Type of Building: A 2400 square foot office building will be constructed. The building will be occupied by Microprogramming, Inc. , a business owned by the property owners, and currently operating in a•leased building in Burnsville. The company sells computer systems to businesses and schools. The business does not need to attract trade from highway 3 with large signs,etc. The building will be a conservative office design. Traffic is light; one UPS truck per day and one freight truck per week. The business currently has 4 employees. �go c w . o LL o J CIL 3 l7 � ¢ 3 2 Z 3 4. v r� `ts E� U � � QFFIGC 040ONG , �o V6J " � Lo'14D I NCa. Ddc1C. O 7 let 6ki- CUr V✓nr UKCAA OFFfcc'• ISvrc.PIN6 rlfE PLA f4 Ave. Py "P/ cLiFF �, qD N 4 0 ?oa � loo� Ci AVG c _ N 3 C el �3 ittc.�^ of w Ay r Agenda Information Packet September 11,1981 Page Sixteen FINAL RESOLUTION - EDWARD MAYHEW PROJECT G. Final *Resolution for Industrial Revenue Financing/Edward Mayhew Project -- The final resolution to approve industrial revenue/tax exempt mortgage financing in the amount of $525,000 for Edward H. Mayhew is in order for consideration. As you recall, the Edward H. Mayhew project is for an office warehouse building of approxi- mately 16,000 square feet to be located on a site described as the southwest corner of Apollo Road and Mike Collins Drive in the Eagandale Industrial Park. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the final resolution for tax exempt financing for the Edward Mayhew project in the amount of $525,000. 84 Agenda Information Packet September 11 , 1981 Page Seventeen AMENDMENT TO ORDINANCE #52 - DAY CARE FACILITIES A. Amendment to Ordinance #52 (Day Care Facilities) Adoption of Ordinance -- At the September 1, 1981 City Council meeting, approval was given to amend Ordinance #52 changing the requirements for a conditional use permit to a special use permit for ten persons in a day care facility and requiring a conditional use permit for eleven or greater persons. A copy of this ordinance amendment is found on pages -16 - through 2- -7 . - Also enclosed on page I eg is a copy of the petition t at was developed by City staff to use for circulation when a special permit required for 8 to 10 persons is applied for. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny adoption of the amendment to Ordinance #52 regarding Day Care Facilities . gs CITY OF EAGAN Amendment To ORDINANCE NO. 52 - ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA, DOES HEREBY AMEND ITS ORDINANCE NO. 52 AS FOLLOWS: SECTION 52.07 - Subd. 3-B - CONDITIONAL USES Within any Agricultural District no structure or land shall be used for the following use or uses deemed similar by the City Council except by conditional use permit: 4. Day care facilities providing services to eleven (11) or more children at one time. SECTION 52.07 - Subd. 4-B - CONDITIONAL USES Within any R-1, R-2, R-3, R-4, or R-5 District, no structure or land shall be used for the following uses or uses deemed similar by the City Council except by conditional use permit: 2. Day care facility providing services to eleven (11) or more children at one time. ATTEST: CITY COUNCIL - CITY OF EAGAN BY: E. J. VanOverbeke, City Clerk Beatta Blomquist, 'Mayor Original Ordinance dated: February 18, 1972 This Amendment Adopted: September 1, 1981 Amendment Published in the Dakota County Tribune: �b CITY OF EAGAN Amendment To ORDINANCE NO. 52 - ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA, DOES HEREBY AMEND ITS ORDINANCE N0. 52 AS FOLLOWS: SECTION 52.07 - Subd. 3-A - PERMITTED USES 6. A special use permit shall be required for day care facilities providing services to at least seven (7) , but not more than ten (10) children at one time. Payment of a $25.00 special use permit fee and Council approval are required. Council approval shall be requested by petition signed by property owners or residents within 150 feet of the boundaries of the applicant 's -property. Continued permitted use will be subject to subsequent licensing of the facility by the apporpriate state and county agencies. ATTEST: CITY COUNCIL - CITY OF EAGAN i BY. E. J. VanOverbeke Beatta Blomquist, Mayor Original Ordinance Adopted: February 18, 1972 This Amendment Adopted: September 1, 1981 Amendment Published in the Dakota County Tribune: 0 $7 Ah Ask PETITION MR DAY CARE This petition has been prepared by the City of Eaaan in accordance with ordinance 52 (Zoning ordinance) . In official action taken by the Fagan City Council on Septer ber 1, 1981, the City Council amended ordinance 52 (Zoning ordinance) to allow day care facilities with a tnaxiumauu of 7 children as a pe=.itted use in a single family resi- dential district. Day care facilities with 8-10 children is permitted once the ap- plicant has received a special permit from the City of Eagan. This petition fulfills the requirement for notifying the surrounding property cxaners within 150' of the location of the proposed day care. facility. The space provided below lists the property owners within 150' of the proposed day care facility: Name Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. After this petition has been completed, the City Council will hold a hearing on to determine if the day care facility will be al- lowed at this location. If anyone wishes to state comments regarding this day care facility, please be present at the Eagan City Hall on the date stated above. Besides the special permit which is 'required by the City of Eagan, the applicant must receive a license frcm the Dakota County Hunan Services Board and fulfill all the re- =rements for licensing by the State of Minnesota. I, the undersigned, have made application to the City of Eagan for a special permit and have paid the $25.00 fee for the special permit application for a day care facil- ity in the City of Eagan. (Name) (Address) Agenda Information Packet September 11, 1981 Page Eighteen AMENDMENT TO ORDINANCE #42 (LIQUOR HOURS) B. Amendment to Ordinance #42 and #64 (Liquor Hours) Adoption of Ordinance - At the September 1, 1981 City Council meeting, approvals were given to the amendment of Ordinances #42 and #64 extending the hours for serving liquor and wine from noon to 10:00 a.m. on Sundays . For a copy of the ordinance, refer to pages ?0 through q I . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the ordinance amendment to #42 and #64 as prepared by the City Attor- ney' s office. g9 PAUL A. HAUGE & ASSOCIATES. P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL), MINNESOTA 68122 PAUL H. HAUGE AREA CODE 612 BRADLEY SMITH TEr_E►MONE 434.4224 KEVIN W. EIDE September 11, 1981 DAVID G. KELLER Mr. Thomas L. Hedges City Administrator 3795 Pilot Knob Road Eagan, MN 55122 Re: Sunday Liquor Sales Dear Tom: Minnesota statutes section 340.14, Subd. 5, was amended in 1980 to allow a municipality to allow the sale of intoxicating liquors between the hours of 10:00 a.m, and 12:00 midnight on Sundays in conjunction with the serving of food. We have drafted amendments for Ordinance No. 42, Intoxicating Liquor, and Ordinance No. 64, Wine, as wine does come under the intoxicating liquor in Section 340.07. z' It would seem at first glance that Ordinance No. 43, Non-intoxicating Malt Liquor should also be amended to allow sale at 10:00 a.m. on Sundays, however, MSA Section 340.034 was not amended at the same time as the intoxicating portion. While that statute states that the sale of non-intoxicating liquor shall not be more restrictive than the sale of intoxicating liquor, it also states that "it shall be beyond the power of any political subdivision of this state to authorize or permit the sale of non-intoxicating malt liquors when such sale is prohibited by provisions of this section." This wording would seem to restrict the sale of on-sale non-intoxicating malt liquors, to the old 12:00 noon starting point on Sundays. This seems inconsistent with the legislature's amendment of Section 340.14 and we should be aware of the possibility of a future amendment of the 340.034 to conform with the present amendment. Very truly yours, l _ J David G. Keller • 1 skk enclosures cc: Martin DesLauriers 90 a E CITY OF EAGAN DAKOTA COUNTY, MINNESOTA 1 AMENDMENT TO ORDINANCE NO. 42 - LIQUOR ORDINANCE j E THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA, DOES HEREBY AMEND I ITS ORDINANCE NO. 42 AS FOLLOWS: P i i SECTION 42.13 -- HOURS OF OPERATION Subdivision 1. -- No sale of intoxicating liquor shall be made after 1:00 a.m. i? on Sunday, nor between the hours of 1:00 a.m. and 8:00 p.m. on the day of any state- wide election. No "on-sale" shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any weekday. No "off-sale" shall be made before 8:00 a.m. or after 10:00 p.m. of any day. No "off-sale" shall be made on Sundays; New Years Day, January 1; Independence Day, July 4; Thanksgiving Day; or Christmas Day, December 25. No "off-sale" shall be made on December 24 after 8:00 p.m. "On-sale" Sunday sale hours shall be between the hours of 10:00 a.m. and 12:00 midnight in conjunction with the serving of food, provided that the licensee establishment is in conformance with the Minnesota Clean Indoor Air Act. ATTEST: CITY OF EAGAN -- CITY COUNCIL BY: E. J. VanOverbeke Beatta _Blomquist, Mayor Date Ordinance Adopted: December 21, 1972 Date Amendment Adopted: i Date Amendment Published in Dakota County Tribune: 9�- a CITY OF EAGAN DAKOTA COUNTY, MINNESOTA AMENDMENT TO ORDINANCE NO. 64 - WINE ORDINANCE THE CITY COUNCIL OF THE CITY OF EAGAN, DAKOTA COUNTY, MINNESOTA, DOES HEREBY AMEND ITS ORDINANCE NO. 64 AS FOLLOWS: SECTION 64.10 -- HOURS OF OPERATION Subdivision 1. No sale of wine, either by the glass or bottle, shall be made after 1:00 a.m. on Sunday, nor between the hours of 1:00 a.m. and 8:00 p.m. on any election day, in the district in which such election shall be held. No "on-sale" shall be made between the hours of 1:00 a.m. and 8:00 a.m. on any weekday. Sunday sale hours shall be between the hours of 10:00 a.m. to 12:00 o'clock midnight. ATTESTED: CITY COUNCIL - CITY OF EAGAN BY: E. J. VanOverbeke, City Clerk Beatta Blomquist, Mayor i i Date Ordinance Adopted: December 16, 1975 Date Amendment Adopted: Date Published in Dakota County Tribune: r i I� # i Agenda Information Packet September 11 , 1981 Page Nineteen SPECIAL ASSESSMENT COMMITTEE MEETING ITEMS C. Special Assessment Committee Meeting Items -- Enclosed in the packet without page numbers is the agenda information reviewed by the Special Assessment Committee during their meeting on Friday, September 8, 1981, for those Councilmembers who have not already received this information. All items were reviewed with a subse- quent recommendation by the Special Assessment Committee with the exception of Project 259, Kings stow Surfacing (Robert Johnson) . Please refer to pages �� through �� for a copy of the minutes of the meeting. At a meeting held w— tl—i the Public Works Director on September 10, Mr. Johnson understood the explanation given by staff pertaining to the assessments for his property. Upon the conclusion of that meeting, Mr. Johnson signed a waiver of hearing to allow the assessments to remain as levied under this referenced project. Subsequently, it would appropriate for the Council to reapprove the special assessments associated with street con- struction for Project 259 based on Mr. Johnson' s concurrence through the execution of the waiver of final assessment hearings. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendations of the Special Assessment Committee concerning the items contained in the minutes of that meeting and also to reapprove the special assessments associated with street constuction for Project 259 (Robert ,Johnson) . t 4Z SUBJECT TO APPROVAL MINUTES OF A MEETING OF THE EAGAN ASSESSMENT COMMITTEE EAGAN, MINNESOTA SEPTEMM 8, 1981 A meeting of the Eagan Assessment Committee was held on Tuesday, September 8, 1981. Those present were Chairman Don Knight, Members Dale Vogt, Art Rahn, Tom Egan, and Doris Wilkins. Also present were Public Works + Director Tom Colbert, City Administrator Tom Hedges, and City Attorney Paul Hauge. } DAKOTA COUNTZ PARK — PROJECT #311 Don Knight convened the meeting and the first item of discussion was Project #311 consisting of Galaxie Avenue street improvements along the Dakota County park land. Mr. Colbert explained that Galaxie Avenue is being upgraded adjacent to the Dakota County Park and extended discussions had taken place between the Dakota County Park representatives and the City of Eagan concern- ing assessments for park land. It was noted that Chuck Lowry, the Dakota County Park Director, was present and an explanation was made concerning proposed uses for the park and the fact that a comprehensive plan is being prepared by Dakota County. With one-half mile of frontage on Galaxie Avenue there is expected that there would be about two entrances or one perquarter t mile and it was anticipated about 200 feet of frontage per entrance is reasonable assessment. There is no precedent or policy, but the staff recom- mended that 15% standard percentage factor be used to calculate the assessable footage for Dakota County Park frontage on this and future projects for street assessments. There were concerns by members about setting a uniform policy because of the differences in' the types of governmental assessment issues for County and State land that may arise in the future. It was noted that the County had not been assessed for the Johnny Cake Ridge Road street improve- ments because of legislative action and that there is no precedent for such assessments throughout Dakota County. After discussion, Egan moved, Rahn seconded a motion to recommend that the assessments against the Dakota County park land on the east side of Galaxie Road be assessed on the basis sis of 1 f the total frontage, but that the recommendation not be construed as a prece- dent or policy for assessments against County park land. All voted yes. GRANVILLE HOUSE, INC. — PROJECT #302 A request from the executive director of Granville House, Inc., Dagney Christensen, for special consideration on the basis of hardship a for reduc- tion educ tion of the total amount of assessments for storm sewer construction under Project #302 consisting of the I-494 improvements was next discussed. Ms. Christensen was present and stated that Granville House is a non-profit cor- poration which currently, because of lack of adequate funding from govern- mental units in particular is creating severe economic hardship for the cor- poration. Granville House treats disturbed and troubled adolescents and in August 5, 1980, when the City Council approved the special use permit for the use of the property by Granville House, the applicant then agreed to assume all special assessments against the property that may be levied in the future. The members of the committee indicated that there is no guarantee of success 1 �3 Assessment Committee September 8, 1981 for such a venture and that precedent would not allow a variance from the normal requirement for assessment of comparable property. Rahn moved, Wilkins seconded the motion to recommend the assessments against the property remain as calculated noting the total acreage is approximately 14.5 acres and that the staff prepare the assessments and include them in the assessment roll for Project #302.. All voted yes. WILLIAM O'NEILL TRUNK STORM SEWER -- PROJECT #302 The next request for reduction in assessments was presented by Mr. William O'Neill who was present concerning Project #302. It was noted that Lots 3 and 4 of O'Neill's lst Addition will be affected by I-494/Trunk Highway #149 improvements. Nearly all of Lot 4 will be acquired by MN/DOT and will not be buildable under present plans. The O'Neill home is on Lot 4 and will access through Lot 3 to O'Neill Road and then to Highway #149. The staff recommended that both lots be assessed the normal charge for storm sewer improvements of about $617 per lot noting that if MN/DOT would acquire Lot 3 that it would be required to pay for the existing assessments on the lot. Wilkins moved, Egan seconded the motion, to recommend approval of the staff proposal that both Lots 3 and 4 be assessed the full storm sewer assessment rate. All voted in favor. JOHN FRANCZ TRUNK STORM SEWER -- PROJECT #302 The request of Mr. and Mrs. John Francy was presented to revise the proposed assessments for Lot 4, Block 1, Kollofski's Addition, from the com- mercial industrial rate of $.0561 per square foot to $.0374 per square foot for residential purposes. Ie was noted the land, including the other lots in Kollofski's Addition north of Trunk Highway #55 are zoned industrial, but that five lots in the subidivsion have residential homes built on them. Several other property owners also requested reduction to residential rates. Knight moved, Egan seconded the motion to recommend that the storm sewer rate for the lots on which residential homes are built in Kollofski's Addition be reduced to the residential rate rather than the industrial rate for Project #302. All voted yes. ROBERT JOHNSON, KINGS ROAD SURFACING PROJECT #259 I The request of Mr. and Mrs. Robert Johnson who were present at the meeting to revise the proposed assessments for the Kings Road improvements under Project #259 was then considered by the committee. Tom Colbert ex- plained the proposal and Mr. Johnson indicated that Johnson's First Addition has now been platted and requested that a revision be made to the proposed assessments. Mr. Johnson suggested that the lot upon which the Johnson home was located could possibly be split into two parts and the 'staff was requested to review and take the matter to the City Council. Egan moved, Rahn seconded the motion that there be no recommendation from the Assessment Committee to assist the City Council but the staff research and coordinate with the owner as to whether it is feasible to split the lot and also whether the Johnson's will waive any objection to any street assessments. All voted in favor. 94 2 Assessment Committee September 8, 1981 LAWRENCE GROVEN, SILVER BELL ROAD STREETS -- PROJECTS #274 AND #285 A request of Mr. Lawrence Groven, whose home is on Silver Bell Road in the Wuthering Heights area under Project #285 and Project #274, that he be allowed to have his assessments deferred under the ordinance providing for senior citizen deferral. It was noted that Mr. Groven is permanently disabled and also will, on October 12, 1981, be 65 years old which is a requirement under the age stipulation in the ordinance. Upon motion by Rahn, seconded by Vogt, it was Resolved that the hardship provisions of Ordinance No. 66, Senior Citizen's Deferral, be authorized for the assessments to the Groven property under Projects #274 and #285 subject to compliance with the ordinance provi- sions. All voted yes. ADJOURNMENT Upon motion of Wilkins, seconded Egan, the meeting adjourned at 6:05 P.M. PHH I 1, j 3 Agenda Information Packet September 11 , 1981 Page Twenty CONTRACT 81-14 D. Approve Plans & Specifications, Contract 81-14 (Wilderness Run Road) --- Detailed plans and specifications have been completed for the construction of the first phase of Wilderness Run Road from Capricorn Court to Dodd Road in accordance with the public hearing held on September 1, 1981. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny plans and specifications for Contract 81-14 (Wilderness Run Road) and order advertisement for bids with the bid opening scheduled for 10: 30 a.m. on October 8, 1981. CONTRACT 81-15 E. Approve Plans & Specifications, Contract 81-15 (Winkler/Jackson Sanitary Sewer, Brown' s Pond Outlet) -- In accordance with the public hearings held discussing Project 344 for the installation of sanitary sewer to the Winkler/Jackson First Addition and Project 339 for the construction of the alternative storm sewer outlet from the Beacon Hills Addition, the plans and specifications have been prepared and are being presented for the Council ' s review j and approval. The Consulting Engineer will be available to discuss I the details of this project. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny plans and specifications for Contract 81-15 (Winkler/Jackson et al) and order advertisement for bids with a bid opening scheduled for 10: 30 a.m. on October 8, 1981 . SUPPLEMENTAL ASSESSMENT-NORTHVIEW & THOMAS LAKE SCHOOLS F. Supplemental Assessment, Northview and Thomas Lake Elementary Schools -- During 1980, it was discovered that District #196 had not paid their water connection permit- fee when connection was made for the Thomas Lake Elementary School on Thomas Lake Road. In addition, with the then recently installed sanitary sewer and water facilities to Northview Elementary School , the sewer and water connection permits were required for that facility. Sub- sequently, District #196 submitted a request that these connection permit fees be spread over fifteen years at 8% interest. At the February 3, 1981 Council meeting, the Council approved these con- nection charges to be spread as special assessments against these parcels with the understanding that it would be for a five year period at 10% interest. School District #196 waived their right to public hearings and the final assessment hearings associated with the spreading of these special assessments . The sewer and water connection permit fees for Northview Elementary School totaled $18 ,971 and for Thomas Lake Elementary School totaled $10,500. 6 Agenda Information Packet September 11 , 1981 Page Twenty-One ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the final assessment rolls for utility connection permits for Northview Elementary School and Thomas Lake Elementary School and authorize certification to the County for collection in the amount of $18,971 and $10,500 respectively. }} E FINAL PLAT EXTENSION -- LEXINGTON 2ND ADDITION j G. Final Plat Extension for Lexington 2nd Addition -- Mr. Richard ' Roeglin has sent a letter to the City Administrator' s attention ' requesting a time extension until August 30, 1982 for presenting the final plat for Lexington 2nd Addition. Mr. Roeglin states in his letter, "Due to an unfavorable mortgage money market, it has been necessary to delay the intended development program for Lexington 2nd Addition. We hereby request a time extension until August 30, 1982, retaining active statics of subject preliminary { plat approval assuring success of the program predicted on a more marketable economy. " ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the request of final plat extension for Lexington 2nd Addition. i City Administrator i k 77 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 11 , 1981 SUBJECT: INFORMATIVE Fairview Community Hospital Proposal for Ridges Hospital in urnsvi e Enclosed on pages through is a copy of the Fairview Community Hospital proposal for the�ges Hospital in Burnsville. Mayor Blomquist testified on behalf of the City of Eagan on Tuesday, September 8, 1981 , at a public hearing supporting the resolution that was approved by the City Council. Signing for Diffley Road Enclosed on pageis a summary of the signage change from Wildwood Lane to D�oad that was approved by the City Council. This letter is enclosed for your reference. League of Minnesota Cities Regional Seminar The one day annual regional meeting of the League of Minnesota Cities will be- held in Shakopee on September 30, 1981 . The meeting begins at 2 : 30 p.m. with a round table discussion_ on (1 ) the status of the League' s insurance program, ( 2) a discussion of city safety and liability insurance, and ( 3 ) a brief presentation of energy and noise control programs . There is a supper at 6 :30 p.m. and the tickets are $6.00 including gratuity. For any member of the City Council who wishes to attend, the meeting will be at the Knights of Columbus Hall in Shakopee. Please make arrangements with Holly to make the necessary, reservations. MTC/Public Transit Service Meeting The City of Apple Valley is host to a meeting on Monday, September 28 at 7 :30 * p.m. to discuss a law that permits certain cities to establish demonstration .transit 'programs which would be in lieu of the service network provided by the MTC. Representative Rodri- guez is questioning whether the taxes collected and paid to the MTC from Burnsville, Rosemount, Eagan and Apple Valley could be better put to use if they were retained by these four communities and an independent transit service was created to provide service to the constituents of those four cities . Members of the city councils of these four cities are encouraged to attend and discuss the issue at that meeting. Enclosed on pages IOZ through I0 is a copy of Chapter 363 of the 1981 Minnesotaa-L'ws that provi3es for this legislation. City Administrator /g August 1981 . TO: Persons Interested in the Review of Proposed Burnsville Hospital The attached summary briefly describes Fairview Community Hospitals ' proposed Ridges hospital in Burnsville. It also outlines the review process up to the time of the Metropolitan Council's recommendation on a certificate of need to the state commissioner of health. I hope you find it helpful. Sincerely, Charles Weaver, Chairman Metropolitan Council Barbara O'Grady, Chairperson Metropolitan Health Board /poc SUMMARY PROPOSAL FOR FAIRVIEW'S RIDGES HOSPITAL IN BURNSVILLE . AND THE REVIEW PROCESS THE HOSPITAL k The Ridges Hospital is proposed as a central facility on the Ridges campus , a 120-acre site in Burnsville now holding a medical office building and a health center. The hospital would k be located next to Interstate Hwy. 35E near Portland Av. Other boundaries of the site are 138th St, and .Nicollet Av. 1 The Ridges would be a full-service hospital with 21 of the same departments and services offered at Fairview-Southdale ; all except the specialized areas of cardiac catheterization and psychiatry. Because the hospital will have less specialized care than either Fairview or Fairview-Southdale, and no training for health professionals , it expects to operate with a relatively smaller staff than those institutions have. Staff is estimated at about 400 by 1987, or a ratio of about three staff per occupied bed. t The hospital would have 150 beds , 98 of them medical-surgical , 20 obstetrical , 20 pediatric and 12 for intensive and coronary care. The medical-surgical beds would be in two 49-bed units; all would be private rooms , an arrangement believed to be more efficient and permitting a higher occupancy rate for little more initial capital cost. The entire project would cost an estimated $26 .7 million (excluding financing costs) , $12 million of that for construction and $4 million for equipment after the building is built . If approved , construction is planned to begin in November 1981 , with completion in mid-1983 . The hospital estimates that its average charge per patient day would be low, ranging from $292 to $375 ( 1981 dollars) . Its planners anticipate a short average length of stay and therefore the lowest costs per adjusted patient admission of any Twin Cities Area hospital . The facility is planned to serve primarily 11 communities: Savage , Shakopee , Prior Lake , Credit River and Spring Lake , in Scott County and Eagan, Burnsville , Apple Valley, Rosemount , Farmington and Lakeville, in Dakota County. Metropolitan Council population estimates for Dakota and Scott Counties point to continuedrowt g h through 1990 . The nearest existing hospitals south of the Minnesota River are Divine Redeemer in South St . Paul to the east , Sanford in Farmington to the south , and St . Francis in Shakopee to the west. Across the river to the north, the closest existing hospital is Fairview-Southdale . i /DO CL THE REVIEW PROCESS Fairview Community Hospitals has applied for a required "certificate of need" to build the Ridges hospital . The Metropolitan Health Board reviews all requests for certificates of need in its role together with the Metropolitan Council--as the health-care planning body for the Seven-County Metropolitan Area . Their mission is to maintain and improve the overall health of the Metropolitan Area through careful planning of the Area 's health-care requirements , to contain health-care costs and eliminate costly duplication of facilities in the Area. They may recommend approval , disapproval , or approval with modifications . Their recommendation goes to the state health commissioner, who makes the final decision on whether or not to issue the certificate of need. Since late June a special Health ,Board review committee has been studying various aspects of Fairview' s application and hearing testimony about the need for- a hospital in Burnsville. (For a number of years the cost of health care in the Area has been rising faster than the consumer price index. ) The nine-person review committee, headed by Craig De Berg, has been meeting every Wednesday from noon to 2 p.m. in the Metropolitan Council offices at 300 Metro Square , St . Paul . It has visited the Ridges hospital site. Although the committee had intended to conclude its review by the end of July, at that time it found several issues still to be resolved, and extended its work for 30 days . Its main concern is the problem of adding operating hospital beds at a time when the Health Board is spearheading an effort to reduce by 2,000 the number of licensed beds in the Region 's total health-care system. l The Wednesday noon meetings will continue until the review committee reaches a recommendation about the Ridges hospital . The Health Board then will hold a public hearing. A hearing had been scheduled for Aug. 12, but that has been changed to Sept . 8 . The hearing will be held in Burnsville so that the affected communities can be well represented. The hearing will be held at 6 :30 p.m. in the Lecture Theater of Burnsville Senior High School and anyone interested is invited to attend. At the hearing, the review committee 's recommendation will be presented and anyone wishing to testify willbe heard. Based on the testimony and the recommendation, the Health Board will make its decision on the Ridges hospital , probably the next day. Its recommendation then will go to the Council ' s Human Resources Committee , and to the Council most likely on Sept . 24. The Council will send its recommendation to the state health commissioner, who makes the final decision. August 1981 166 b Minnesota $ Department of Transportation District 9 41 �y" 3485 Hadley Avenue North, Box 2050 North St. Paul, Minnesota 55109 (612) 770.2311 August 27, 1981 Mr. Thomas L. Hedges City Administrator 3795 Pilot Knob Road P.O. Box 21199 Eagan, Minnesota 55122 In reply please refer to: 319 S.P. 1925 (TH 77 at Co.Rd. 30) Signing for Diffley Road Dear Mr. Hedges: In regard to your August 14, 1981 letter concerning County Road 30 signage change from Wildwood Lane to Diffley Road, our Department is in the process of taking the following action. The legends will be changed on all signs to reflect the street name change. This includes two signal pole mounted signs, two ground mount signs located on the exit ramps to County Road 30, and four overhead signs along Trunk Highway 77. The changes will take place as follows: . Signal pole mounted, signs and exit ramp signs - the legend will be changed by the signing contractor. In order to eliminate additional labor costs, these signs will not be installed until the legend changes have been made. We expect the revised signs to be available later this fall. Since Trunk Highway 77 is expected to be opened in late September, these signs may not be installed at time of opening. Overhead Signs - the sign panels for three of the four signs will be installed by the contractor prior to the opening of Trunk Highway 77. One sign panel is already installed. If the revised legends are not available at installation time, no legend except for County Road 30 will be displayed. The revised legend of Diffley Road will be added by the contractor when materials are available. The legend for the one inplace sign panel will be revised by our maintenance forces. The estimated cost for the sign legend changes was $2400 in material costs. Since some additional labor will be necessary for the overhead signs, the estimated cost is expected to increase. An agreement between the City and the State will be processed to cover the cost participation details (50% City - 50% State) . If you have any questions, please call our office. Sincerely, � SEP :.` Richard A. Elasky, P.E. 1 Q Assistant District Eng ine j�Equal Opportunity Employer Traffic and Planning 21 •.. ,Sec=W=44�* [174.265] [METROPOLITAN TRANSIT SERVICE 22 DEMONSTRATION PROGRAM. ] C. . 23 Subdivision 1. [DEFINITIONS. ] For the purposes of this .2 section, the terms defined in this subdivision have the meanings _--r..-- 25 given them, unless the context requires otherwise. 26 (a) "Available local transit funds" means an amount equal - 27 to 90 percent of the tax proceeds which would accrue to the �3 - metropolitan transit commission from a tax levied in the 29 applicant community or communities in accordance with section 30 473 .4460 subdivision 1, clauses (a) to (c) . ..-------------------s--__----___-_--__-___- 31 (b) "Off-peak hours" has the meaning given it in section 32 473 . 408, subdivision 1. -- - ----------------------- j 33 Subd. 2. [ESTABLISHIPIENT OF PROGaAM. j A metropolitan -------- ----- 34 -transit service demonstration program is established to provide ----------~---- --- ________________ - -------___------------ 3S financial assistance for projects designed to test the ---------------------------------- _---_-______- 36 efficiency and effectiveness of alternative methods of providing S 16 N.F. Pio_ 553 1 public transit service for commurities that are within the - - - 2 metropolitan transit taxing district anot adequately -----------------------------------------------------------served by existing regular route transit. ^- -- __________________________________-_-____ 4 Subd. 3 . [ELIGIBILITY. ) The commissioner may provide ________________________---_ 5 assistance under the program to any statutory or home rule f -- --------------------------------------------___-------- 6 charter city or town, or group of such cities or towns, which: _ 7 (a) is located within the metropolitan transit taxing district, - - - 8 as defined in section 473.446, subdivision 2;' (b) isnot served - - 9 by the metropolitan transit COMM-ni,ssionor isserved-only-with-~ 10 bus routes which- end- _ - - - ~ or begin withinthecityortown, or-group ---------------- --- ----------------------------------------- 11 of cities or towns; and (c) 'has fewer than four scheduledrLtns - - 12 set -vice bus sevice provided by-the commission during off-peak _-_- --------------------------------------------------------- 23 hours_---- ---------------------------------- ------ -- ------ Eligible cities orr - ` townsmayapply_ - onbehalf ofany 14 operator of public transit with whore they propose-to-contract ---,vice. -- ________________-____--__ --__-- 15 for 16 Su:Dd_ 4_ - [ASSISTANCE FOR PE?IACFr -:.Ari SERVICE. ) An 17 application for financial z.assistance for replacement services 18 shall: describe the existing- service- provided- to- the applicant 19 by the metropolitan trr_ a .sit commission, including-the estimated "0 nuaoer of passengers carried and- ^ the routes, schedules, and-------------------------------------------------- 10 21 fares; describe the transit service proposed for funding under - - - 22 the demonstration program, including the anticipatednumber of -------------------------------------------------------------- 23 passengers and the routes, schedules, and fares; andindicate 24 the total amount of available-local-transit~funds, ~the^portion ----------------------- ---------___- ---- - 25 of the available local transit funds proposed to be used to - - - 26 subsidize replacement services., the amount o , state-~~~ 27 ' assistance requested for the replacement services. Financial 28 assistance shall not be granted under this- - subdivision unless _ --- 29 th_ commissioner determines that the service proposed for` - 30 funding is intended and designed toreplace` ~ andsubstitute for - 31' that provided by the metropolitan transit commission- - - atthetime -------------------------------- 32 of application and that the average subsidy perpassengerfor- - - .33 the replacement service will not exceed the averagesubsidyper -------------------- 34 passenger during the •six months preceding the application` ~ onthe 35 commission' s routes which serve the-applicant-communities.. --if --------------------------------------------------------------- - 36 the applicant communities are not served bythe commission at 1 the time of the application, the, average subsidy per passenger -------------------------------------------------------------- 2 for the replacement service shall not exceed the average subsidy ----------------------------------------------------------- 3 per passenger during the six months preceding the application on ---------------------------------------------------------------- c all routes of the commission extending into zone four. After -------------------------------------------------------------- 5 the first year of replacement service, the maximum subsidy shall 6 be escalated at a rate equal to the rate of inflation in the ------------------------------------------------------------ 7 revised consumer price index for all urban consumers in the ----------------------------------------------------------- *,.' -,n_ _ -a--St. ?zul e o �j Geo�, n tropa?:i marl area. The amount, ow financiyl ------------------------------------------------------------- 9 assistance provided for replacemerit service under this ------------------------------------------------------ ` "1.d• subdivision s 1 not exceed the sum o- (a) the portion o-, the � - ------------ .�.....---------------------- ---------------------_ - - '11 'll available local transit funds which the applicant proposes to -..----------------------------------------------------------- 12 -------.www---------.. ------------------------------------ -12 use to subsidize the service, and -(b) an amount of state ----------------------------------------------------------- 13 assistance bearing an identical proportional relationship to the ---------------------------------------------------------------- 14 amount under (a) as the total amount of state assistance 15 available to the metropolitan transit commission under section -------------------------------------------------------------- 16 33 bears to the total amount of taxes collected by the -------------------------:�-_--_-_-_-__-__---_---__---- 17 com-,ui.;sion under section 473 .446, subdivision 1, clauses (a) to 13 (c) . The commissioner shall transfer- the amounts provided to 19 tr;- recipient from the assistance available to the metropolitan --------------------------------------------------------------- 20 transit commission pursuant to section 174.24, subdivision 3 . 23• Subd. S. [ASSISTANCE FOR ADDITIONAL SERVICE. ] Any city or 22 town or group of cities or towns receiving financial assistance --------------------------------------------------------------- 23 under subdivision 4 may also receive assistance pursuant to ------------- 24 section 174. 24, subdivision 3, or section .174.25. In addition --------------------------------------------------------------- 25 to the information required of applicants for assistance under 26 those sections, an application shall describe the portion of the ---------------------------------------------------------------- 27 available local transit funds which are not obligated to -------------------------------------------------------- 28 subsidize replace-ment service, under the assistance contract --------------- 29 entered into pursuant to subdivision 4, and which the applicant --------------------------------------------------------------- 30 proposes to use to subsidize additional services. An applicant ---------------------------------------------------------------- 31 which has exhausted its available local transit funds may. use ------------------------------------------------------------- 32 any other local subsidy funds to complete the required local 33 share . If the commissioner grants financial assistance pursuant 34 to this subdivision, the comn-ni ssioner shall transfer the portion ---------------------------------------------------------------- 35 of the available local transit funds which the applicant 36 proposes to use to subsidize the additional service from the - 165- 1 assistance available to the metropolitan transit co<<;iission ----------------------------------------------------------- 2 pursuant tosection174.24, subdivision 3 . ------------------------ - - r ------------