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10/20/1981 - City Council Regular AGENDA EAGAN CITY COUNCIL "`"'" REGULAR MEETING -..«._. "._.. .. w:.. : . .• . ..».. ...., .. �• EAGAN, MINNESOTA CITY HALL OCTOBER 20, 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. 1 A. Fire Department C. Park Department B. Police Department P, � D. Public Works Department IV. 6:45 — SPECIAL RECOGNITION — MARY LOU PIRK.L fxl V. 6:55 - CONSENT ITEMS (One motion approves all items) e,Z A. Grading Permit, Pine Bend Development Company (M. G. Astlefor.d) IL B. Cortract 80-26, Change ,-,rder #2 (Briarhi•11 Strer:ts) P• •g C. October. Conditional Use Permit Renewals �. 3 D. Lost Spur Bingo & Combo Gambling License REnewal P, 3 E. Accept Petition & Order Feasibility Study for Water Utility - Vincent Storland e.3 F. Set Public Hearing for Federal Revenue Sharing VI- 7:00 - PUBLIC HEARINGS 1 A. Project 347, Sanitary Sewer Improvements to Shields' Property Area (Continued) VII. OLD BUSINESS �.� A. Appointment of an Alternate Member to the Advisory Planning Commission 10 B. Consideration for. Cable Television Advisory Committee Appointments C. Project 264, Assessment Consideration Request (Twin View Manor --Lehmann) f VIII. NEW BUSINESS P•�� A. Midwestern Association, Orrin Aune, for Preliminary Plat, Lone Oak Heights, & Variance to Exceed the Lot Coverage in part of the NEk of the NEk of Section 9 �•�'9 B. Gregory Grose for a Waiver. of Plat to Subdivide a Duplex Lot for. Owner Occupancy, located in Lot 2, Block 1, Ballantr.ae 1st nnAddition R• 3 T C. Leonard A. Norum for a Conditional Use Permit to Allow 15 Amuse— ment Devices in the Silver Bell Shopping Center ?4A D. Federal Land Company, Martin Colon, for a Variance from the Parking Requirements for an Office Building on Lot 1, Block 1, Bicentennial 7th Addition f.151 E. Hillcrest Development Corporation, Ernie Christensen, for a Variance from Ordinance 16 to Allow 2 Ground Signs for One Office Building, located on Lot 3, Block 1, Mari Acres 2nd Addition i 0 0 Eagan City Council Agenda October 20, 1981 Page Two IX. ADDITIONAL ITEMS v7 A. Petition - Joe Christensen for Storm Seweron Egan Ave. ..5 1 B. Contract 81-14, Receive Bids, Award Contract (Wilderness Run Rd. ) 59 C. Contract 81-15, Receive Bids, Award Contract (Project 344 & 339 e� Revised) X. VISITORS TO BE HEARD (For those persons not on the agenda) XI. ADJOURNMENT 11 e,, MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 15, 1981 SUBJECT: AGENDA INFORMATION After approval of the October 6, 1981 regular City Council minutes and the adoption of the October 20, 1981 City Council agenda, the following items are in order for consideration: NEW,A FIRE DEPARTMENT A. Fire Department -- There are no items for the Fire Department at this time . POLICE DEPARTMENT B. Police Department -- There are no items to be considered for the Police Department at this time. PARK-DEPARTMENT C. Park Department -- There are no items to be considered for the Park Department at this time. PUBLIC WORKS DEPARTMENT D. Public Works Department -- There are no items to be considered for the Public Works Department at this time . { At 6 : 00 a.m. Sunday, October '4, Mary Lou Pirkl , a resident at 4260 NorthJftlmo Lane, discovered a fire at the home of Larry and Janet Duder, 1155 Aquarius Lane, while jogging in the area. She was able to awaken Mrs . Duder which allowed the family to escape the . home before the fire or smoke inhalation was a threat to the safety ' of the family. Fire Chief Childers and Mayor Blomquist are re- questing a few minutes to present certificates and formally recog- nize Mrs . Pirkl for her action which apparently saved the lives of the Larry Duder family. ! • Agenda Information Memo October 15, 1981 Page Two Sam There are six (6 ) items on the agenda referred to as consent requiring one (1) motion by the City Council . If there is any item which the City Council wishes to discuss in detail , that item should be removed from the Consent Item list and placed under Addi- tional Items unless the discussion required is brief. This will allow the Mayor to proceed with the Public Hearing that was con- tinued and is legally noticed for 7 : 00 p.m. GRADING PERMIT - ASTLEFORD A. Grading Permit, Pine Bend Development Company for M. G. Astle- ford -- The City has received a permit application to perform grading and excavation in approximate 40 acre tract located adjacent to Galaxie Avenue south of proposed I-35E and immediately south of the Schindeldecker residence. All performance bonds , insurance certificates and grading plans have been reviewed and approved by City staff. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the gradin' permit to Pine Bend Development Company for the SW-14 of the NW4j of Section 32 . CONTRACT 80-26 B. Contract 80-26, Change Order #2 for Briar Hill Streets -- Due to the inability of the developer of the Briar Hill Addition to complete the grading necessary for the installation of the bitumi- nous trailway, it is not possible for the trailway to be constructed under Contract 80-26 along with the streets in this addition. There— fore, the staff is processing a change order deleting the con- struction of the trailway from this project and will add this inclu- ' sion in contract for street construction under Project 343 (Briar) Hill Fourth Addition) . This will have the added benefit of being able to protect this trailway from construction damage during the. grading of Briar Hill Fourth Addition which is contiguous and adjacent to this trailway construction. 6 ACTION TO BE CONSIDERED ON THIS MATTER: To approve Change Order ' #2 to Contract 80-26 in the amount of $4,125 (deduct) . Z Agenda Information Memo October 15, 1981 Page Three CONDITIONAL USE PERMIT RENEWALS C. October Conditional Use Permit Renewals -- Two ( 2 ) conditional use permit renewals for the month of October are in order for con- sideration. ( 1) Alfred Wiger, 780 Blue Gentian Road, for a group therapy home . (2) Mrs . Jeanette Flogstad, 4300 Blackhawk Road for a day care at 4300 Blackhawk Road. Both conditional use permits have been reviewed by City staff and appear to be in full compliance with the conditions set forth by the City Council at the time of original approval . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny renewal of the Wiger and Flogstad conditional use permits . LOST SPUR BINGO LICENSE RENEWAL B. Lost Spur Bingo & Combo Gambling License Renewal -- The annual renewal for the Lost Spur bingo and combination gambling license is in order for consideration. ACTION TO BE CONSIDERED ON THIS MATTER: To approve annual renewal of the Lost Spur bingo and combination gambling license. STORLAND - WATERMAIN PETITION E. Accept Petition and Order Feasibility Study for Water Utility for Vincent Storland -- A petition was presented to the City by Vincent and Norma Storland who reside at 4873 Storland Road with the request for preparation of a report to determine the feasibility of water improvements to their property. The applicants understand that if a feasibility report is prepared and a public hearing held and the improvements are denied, they will guarantee payment for ' all costs incurred in the preparation of the report . ACTION TO BE CONSIDERED ON THIS MATTER: To accept the petition and order a feasibility study for water utility improvements to the Vincent Storland property. FEDERAL REVENUE SHARING PUBLIC HEARING s F. Set Public Hearing for Federal Revenue Sharing -- The City Administrator is recommending a formal public hearing to consider the use of Federal Revenue Sharing funds for 1982 . The public hearing would be held on Tuesday, November 17, 1981 . A budget meeting will be held before that date to consider public enterprise funds and the amount of appropriations anticipated in Federal Revenue Sharing for 1982 . ACTION TO BE CONSIDERED ON THIS MATTER: To set a public hearing date for November 17, 1981 to consider the use of Federal Revenue Sharing for 1982 . 3 Agenda Information Memo October 15, 1981 Page Four PROJECT- 347 -- -SANITARY- SEWER-FOR- SHIELDS -PROPERTY A. Project 357, Sanitary Sewer Improvements to Shields ' Property Area -- A public hearing was held to consider the sanitary sewer improvements to the Shields ' property referred to as Project 347 . Please refer to pages 17 through 23 of the October 6, 1981 City Council agenda informational packet . The Consulting Engineer was directed by the City Council to review the proposed project costs to determine whether 50% of the cost could be assessed against the west side of Pilot Knob Road and 50% against the east side of Pilot Knob Road, both properties are owned by Mr. Martin Shields . The proposed assessment against Mr. Shields is $17 ,340 for the sanitary sewer lateral benefit. The original assessment breakdown based on project costs was $5 ,000 against the west side of the property and $12 ,340 against the east side, of which the latter would qualify for Green Acres and could be deferred until such time as development occurs . Since Mr. Shields did petition the improvements , it was determined by the City Council that further analysis should be given as to whether a smaller percentage, if, any, should be deferred through Green Acres on this improvement. ; Enclosed on pages -5 •— '7- is a letter from the Consulting Engineer' which reviews the assessment split on the property as requested by the City Council . The City Council also directed the Director of Public Works to write a letter to Mr. Shields asking that an understanding be obtained from Mr. Shields that there will be further sanitary sewer lateral assessments levied against both properties in the future as extensions of the sanitary sewer way are dependent upon proposed future developments . Mr. Shields did sign a letter that was sent by Mr. Colbert understanding that this , proposed project should not be considered as a one time sanitary sewer lateral assessment against his property and further that , future projects and developments may dictate extensions of thel sanitary sewer which would precipitate additional assessments if installed by the City. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny Project 347 , sanitary sewer improvements to Martin Shields ' property. A I_ nGlynn .' P.£. J/{,L'• Keith A.Gororddo.n. P.E. Otto G.Buncltroo,P.E. Thomas E.Nnws. P.E. O Robert W. Rosene,P.E. Richard W. Foster. P.E. Jnse%h C. Anderlik,P.E. Robert G.Sehunnhi. P.E. 2335 V. '7ww�.�ig�urar 36 Bradford A.Lemberg, P.E. Martin L.Sonala, P.E. Riihard E. Turner, Y F. Donald C.Burgardr. P.E. &. A-d, Af-.w.&55113 James C.Olson. P.E. Jerry A. Bourdon,P.E. PA..-612-636-*600 Mark A.HanCharles A.Erickson E'. Hanson,, October 15, 1981 Lrn M. Pawelskp 1956 — th — 1981 N Harlan M. Olson David E. Olson City of Eagan 3795 Pilot Knob Road 4� nnivcrsary' P Eagan, Mn. 55122 Attn: Mr. Tom Colbert Re: Martin Schields Sanitary Sewer Project No. 347 Eagan, Mn. - File No. 49240 Dear Sir: We have been requested to prepare a proposed assessment split based upon the "benefit" to both properties served by the above project. This involves the installation of an 8" sanitary sewer from the end of the existing 8" sanitary sewer on the Martin Schields' property at LeMay Lake and extending it west across Co. Rd. 31 to serve the Martin Schields' property lying just west of Co. Rd. 31. After reviewing the construction involved and the property served, the follow-' ing assessment split is recommended: Assess the east portion at the lateral benefit charge currently being levied for service from the sanitary sewer trunk and the balance of the cost to be assessed to the west side. The assessment split is as follows: East Side 147' - one side only @ $14.30/FF $2,102.10 218' - two sides @ $14.30/FF ea. side 6,234.80 TOTAL ASSESSMENT EAST SIDE . . . . . . . . $8,336.90 West Side I Total Cost $17,340.00 Less East Side Assessment 8,336.90 TOTAL ASSESSMENT WEST SIDE .. . . . . . . T 9,003.10 We believe the above assessment split is fair to both parcels and is based upon the benefit accruing to each parcel. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Robert W. Rosene RWR:li cc: Paul Hauge, Atty. 6778a rrr e t, v COUNTY N ROAD No.� 31 o I cn s $ _ Ex. 16 D.I"P Wotermin - - — 8?_ i �t cn - Proposed_ Storm Sewer U C - - - - - -- - b -I + i ti (PILOT p KNOB ROAD) r I I I . 1K) co 1 t;D 13 t y • � tm s Z WL r! - z I r. = 147 8" C. rr>, r t 3 O p U O O; O O N N - Q) f-' (D' LAJ - -- - ni _. - i -- - Y3-b9 bL 8 ! In UJ OD 00-4- N �1 z 11 I F I I , I — I 1 W: j o w f� -- I III I - 1I1I1IIttt , v w rOD 2 co j 4; p -- i ---- -- - - --4 N N j ----— � I I I O I ` m W iv a Z v i v o I Z ! z � �k LU' 0 1 CO, L N O z op 1 0 o v w U. j z co CL in WayLLJ CO . crZ: I ZV� N Q j 0o C UI I v I u L)Q>CX I oe W W a ( j Q F j z ., oc { i H 1 0 4Q cc tO i — £8 9L9 : OD I 0 km co F % ['< ! t - u w - a ! I i z; - 2o 13-85.168 00+ O i • s Agenda Information Memo October 15 , 1981 Page Five APPOINTMENT-FOR-APC ,VACANCY A. Appointment of an Alternate Member to the Advisory Planning Commission -- An appointment of an alternate member to the Advisory Planning Commission to fill the vacancy created by the resignation of Bob Haywood was continued from the October 6 , 1981 meeting for consideration. Five (5) applicants have responded to an advertise- ment in the local paper and are requesting consideration for an appointment . Those persons requesting appointment are as follows : 1. Louis W. Frillman 2. Michelle Ekblad-Frank 3. Richard A. Bertz 4. Ronald R. Voracek 5 . Dale Vogt Copies of the letters of correspondence and resum6s submitted by those individuals were enclosed on pages 67 through 75 for review as a part of the October 6 , 1981 packet . If any member of the' City Council has misplaced those pages , please contact this office, and copies will be made available in the Administrative Packet . ' Mr. Dale Vogt had previously submitted a letter to the City; however, the letter was not located and therefore a new letter was requested, a copy of which is enclosed on page -9.� As stated in a special memorandum, a brief interview of the five candidates will take place at 6 : 00 p.m. on October 20, 1981 . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny an appointment to the Advisory Planning Commission as the one ( 1) t year alternate to replace Mr. Bob Haywood. This position would be considered for reappointment in January of 1982 . 375 )dtX�rbRd, To ." H ecjq0 s G,'f• PdPA . �--e o �le w(&-4 / / ehrewCE 1 :5 fo4dr -fo vw ✓' Yee_ C. e �i .'e 9q4P_ � / Jr c• 0 �1 �Q ,� �/ �1 1��4 C ii N/ G p vI t E L� /�is{n H i H fc'/f r, F" ffvwr' ., C. J5 / ✓ewwre �, ��/5elfi N/ t 17 p v Cl f 0 F69 /4 1� , �1 G l I_S� i i d L Al V/ l-,r s O . !/^ OXr N G]�0�4� -e 5 e- v i.; ccl �vI ,�!T e 0- a �, �lr P/ T✓ee-tO �e c_�.9 ki O �t {'1 e EA g i4 vl 7—A X /25 S e i � b B Et ✓c/ 1'c ✓- 4 le �- J-A y e A ✓S , �t7 /9 ✓G /� e S ACJI,01-0 ,5 ', .L. V e b e e c7 I N t/15f✓1c c�r �' ✓1 b Gi 5 r^ "I to 5 S ee L-' 1/f? 4 V S , 7 /j 5 LLI I t4 a t1 e ISN J9:5-S, 0 r,a4 fe' vJ IL.S Lo etic /1, v t O 4V k1 ,fl v p / vl I' S I- 14 fl a l E_ c'� a LZ� �( j7E v`;e Vt c t--S L� c^ fJ 4'C.�j cc? r C 10 t- E J7 c:-/ 1,- 6 �t-s , /r 1 0. -5 A Il Gi 10 O V `l �f-,6 ou ! vi C, f- C C C Ci /C'l ��E/� �a1 l�0 /9 ve t`v1 �e vp ve �' Edi E r / 1,f.1 rt d), ;� F v P tt vt C �S f�'A !¢ >' r-P s€' Z-/ t � f �pl� YCl . e,C, • Agenda Information Memo October 15, 1981 Page Six CTAC APPOINTMENT B. Consideration for Cable Television Advisory Committee Appoint- ments -- When the Cable Television Advisory Committee was established by the City Council in 1980, it was determined that the committee would have a make up of ten ( 10) appointed members who would serve jointly with the entire City Council , totaling fifteen members for the Cable Television Advisory Committee . Those original members on the CTAC were as follows : Lloyd Krob, Joe Harrison, Ron Johanson, Jerry Ulrich, Barry Tilley, Bob Peterson, Karen Mathena, Steve Mattson, Robert Hill and George Fryman. Mr. Ron Johanson resigned in January of 1981 and was replaced by Mr. Charles Schults . Two other members have resigned during the summer of 1981 , Joe Harrison and Jerry Ulrich. Those positions have not been replaced. In reviewing the attendance record, it was learned that Mr. Krob has not missed a meeting, while Bob Peterson, Barry Tilley and Charles Schults have also had very good attendance records . Steve Mattson and Karen Mathena have attended five meetings , George Fryman has attended three meetings and Robert Hill one meeting. There have thirteen regular meetings held of the CTAC since its organizational meeting in October of 1980. At the direction of the City Council , the City Administrator has contacted Steve Mattson and George Fryman, both of whom wish to remain on the committee and will make every effort possible to attend the regular and special meetings that are planned for the future. At the time of this memorandum, the City Administrator has been unable to contact Mr. Hill or Mrs . Mathena. There are two (2 ) known positions on the Cable Television Advisory Committee at this time . The City Council may wish to consider applicants for the Advisory Planning Commission as appointments to this com- mittee. A copy of a committee attendance sheet will be distributed on Monday with the Administrative packet . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny appointments to the Cable Television Advisory Committee. 10 Agenda Information Memo October 15, 1981 Page Seven PROJECT- 264 C. Project 264, Assessment Consideration REquest (Twin View Manor -Lehmann) -- This item was continued from the October 6, 1981 City Council agenda. On September 15, the final assessment hearing was held for the installation of utilities in the Twin View Manor Addition. These are assessments provided for both lateral and trunk area assessments . Based on a verbal objection to the trunk area assessment at that final assessment hearing, the City has received a written request from Mr. & Mrs . Lehmann regesting special consideration for the trunk area water assessment as levied under Project 264. Under that assessment roll , they were assessed for 3 . 25 acres at $700 per acre or $2 ,275 in accordance with the feasi- bility report approved at the public hearing held on March 18, 1980. A copy of Mr. & Mrs . Lehmann' s letter along with the location map contained in the feasibility report is enclosed for your in- formation on pages11- - through . - 3 -. Because this is the only issue requiring consideration at EF s time, pertaining to special assessments and limited issue, it was felt that direct consideration could be addressed by the City Council without having to call a special meeting of the Special Assessment Committee . Staff would recommend that the assessment remain as levied in accordance with the existing special assessment policy of the City. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or revise trunk area water assessments in the amount of $2 ;275 for the Lehmann property. �t SEN �'� ,��.�-d_• %%y'� r� � IZ I COFF1 Ex. Watermain ROAD 1 J Proposed �. Replot o Orth Q � - J I I cos DO LO } k �f x� LANE Pro o d Water -_ in L 0 (� Lateral Assessment Q Y Area W Y Assessment Trunk L eAt.-AN N paoP Q Are a J CL TWIN VIEW MANOR s WATERMAIN PROJECT . NO. "2.64 49131 L Scale: 1 =400 mum UwatLA i ASSOC, M ' Agenda Information Memo October 15, 1981 Page Eight PRELIMINARY PLAT AND VARIANCE FOR LONE OAK HEIGHTS A. Midwestern Association, Orrin Aune' for Preliminary Plat, Lone Oak Heights , and Variance to Exceed the Lot Coverage -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on September 22 , 1981 , to consider a preliminary plat entitled Lone Oak Heights consisting a approxi- mately 145 dwelling units and a variance to exceed the lot coverage requirement in a residential district. The Advisory Planning Com- mission is recommending approval of the preliminary plat and vari- ance to the City Council . For additional information on this item, please refer to the City Planner' s report , a copy of which is enclo- sed on pages IJ` through a S . For action that was taken by the APC, refer a copy of those minutes found on pages ?6 through 27 The City Planner has written a brief update on this agenda item, a copy of which is found on page 28' . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the preliminary plat and variance as recommended for approval by the , APC. 1 SPECIAL NOTE: Enclosed without page numbers for the Council ' s information are larger maps and additional bound information con- cerning this agenda item. l � III 1� CITY OF EAGAN SUBJECT: PRELIM NARY PLAT AND VARIANCE - LONE OAR HEIC4:TT'S APPLICANT: br1a7ESTERN ASSOCIATION - Orrin Aune LOCATION: NE; OF = NE 4 OF SECTION 9 EXISTING ZONING: PD (PLANNED DEVELOPENT) WITH R-3 (RESIDENTIAL TCUNHOUSE AND R-4 (RESIDENTIAL mmTIPLE) UNDERLYING; ZONING DATE OF PUBLIC HEARING: SEP=. ER 22, 1981 DATE OF REPORT: SEPTOIBER 16, 1981 REPORTED BY: DALE C. RDNKLE, CITY PLANNER APPLICATION SUBMITTED: The first application submitted is a request for a preliminary plat, Lone Oak Heights, which consists of approximately 14.09 acres and contains 145 dwelling units. The second application is submitted is a request to exceed the lot cov- erage requirement for a residential district. ZONING AND LAND USE Presently, the parcel is zoned R-3 (Residential Townhouse District) and R-4 (Residential Multiple District) with a PD (Planned Development) zoning over- laying the entire parcel. The land use guide designates the 14 acre parcel as an R-3 land use (Mixed Residential) with a density of 6-12 dwelling units per acre. The proposed development will consist of a net density of 10 dwelling units per acre, which is consistent with the land use guide plan. BACKGROUND As you may recall, in September of 1979 there was an application submitted for this parcel. The development consisted of an 80 acre apartment complex and 62 units of townhouse for a total of 142 dwelling units. This preliminary plat was approved by the City of Eagan in 1979. It is the staff's understanding that this developmnt did not proceed, and new people have purchased the sub- ject parol. Therefore, the applicant is requesting to re-design the plat than what was originally approved in 1979. Cc"E NTS The applicant is proposing to develop the parcel with condominium and town- houses. The proposed plan will consist of 2 condcadnium buildings with 42 dwelling units each and 61 townhouse and quadraminitun units. As stated earlier, the parcel is divided into two areas according to the zon- ing. The R-3 parcel contains 8.2 net acres and would allow 60-61 dwelling units. The applicant is proposing to develop 61 dwelling units. The R-4 1S CITY OF EAGAN MIDWESTERN ASSOCIATICN PRELIMINARY PLAT AND VARIANCE - LONE OAK HEIGHTS SEP=ER 22, 1981 PAGE M parcel contains 5.4 net acres, and the density is determined on a sliding scale. The condcmi.niun buildings will be 3-story buildings which will contain 18, 1- bedroom dwelling units, 18, 2-bedroom dwelling units and 6, 3-bedroom dwelling units. The total square footage for this mix is 134,160 square feet. The ap- plicant is short 32,555 square feet of land for this mix as proposed. If the developer would construct underground parking, he could gain 300 square feet per dwelling unit for underground parking which would reduce the amount of land he is over to 6,055 square feet, or which is approximately 2 dwelling units over the maximum allowed under Ordinance 52. Below is a density chart describing each of the parcels. PPS USE ACRES LOT COVERAGE DWELLING DWG.UNITS PROPOSED REX_ IRED UNITS ALLOWED PARKING PAR21= C:ondan.uuums 5.4 22.9% 84 81 216 210 Townhouse 8.2 18.4% 61 60 174 128 Parcel No. 1 - Condominium Apartrents - The applicant is proposing 2, 42-unit eordcminium buildings. The applicant is proposing detached garages for the covered parking space requirements. In review of this parking plan, the appli- cant is proposing outside parking spaces in front of the garage spaces. This will be a conflict with the overall parking circulation if parking is allowed in front of the 84 garage spaces. Staff is suggesting that the applicant revise the parking plan to provide the required outside parking spaces so they will not be in conflict with the garage parking. One suggestion is that if underground parking would be provided vs. the outside detached garages, the applicant would gain density credits for the underground parking. This density credit calcula- tion would reduce the excess amount of land needed dawn to the 6,055 square feet, which would then be approximately 2 dwelling units. As stated above, the appli- cant is proposing.84 dwelling units on this parcel. If the applicant would re- duce the dwelling units to 82, or 80, and provide underground parking, the appli- cant could come into compliance with Ordinance 52 for this proposed site plan. Parcel No. 2 - Townhouse Development - Parcel 2 is proposed to be constructed with 16 quadraminiuun cliwelling units and 45 townhouse dwelling units. In review—,, ing the site plan, it appears that the variance would be required for the set- back along Pilot Knob Road. The setbacks for Pilot Knob Road are 50' . The ap- plicant is proposing 40' in some locations. Also, in reviewing the setback be- tween dwelling units, it appears the setback drops down to 20' vs. the required 30' in Ordinance 52. In calculating the densities, staff calculates a net acreage of 8.2 acres in which 60 townhouse, or quadraminium units, could be constructed. The applicant is proposing to construct 61 dwelling units. Therefore, it appears that the applicant is one dwelling unit over the ordinance requirement. /6 CITY OF EAGAN MIDWESTERN ASSOCIATION PRELIMINARY PLAT AND VARIANCE - LCNE OAK HEIGHTS SEP=ER 22, 1981 PACT, THREE The access to the property will be from Lone Oak Road on the north and Towerviod Drive on the south. The applicant is proposing to dedicate the northerly 30' of right-of-way which will be dedicated for Towerview Drive. There will be one access off of Lone Oak and Towerview Drive which will be connected by a private street providing access to the development. The applicant is proposing no in- gress or egress onto Pilot Knob Road. There is a gas main which crosses the northerly portion of the property. If the development proposal is approved as presented, the applicant will be re- quired to either relocate the northerly 42-unit condaninium building or relo- cate the pipeline. The applicant has indicated that he is in the process of trying to relocate the pipeline. PARKS AND OPEN SPACE The sout�nwest portion of the plat abuts Pilot Knob Park. The northerly por- tion of the plat abuts Pilot Knob School. Therefore, there is open space im- mediately to the west to provide the park needs. It is staff's understanding that the applicant dedicated the land for Pilot Knob Park. Therefore, there will be no park dedication for this proposed development. However, staff is requesting that there be a trail connection from Pilot Knob Road to Pilot Knob School somewhere between the oondcmi.nium project and the townhouse development. The applicant shall also provide 1 tot lot to provide the needs for the pre- schoolers within this development proposal. If approved, the preliminary plat should be subject to the following conditions: 1. The parking area in the cwndcminium development shall be re-designed and possibly consideration of the underground parking for the condominium development. 2. If the site plan is approved, the gas main shall be relocated as to not interfere with any of the proposed buildings. 3. The townhouses shall be relocated to meet the setback rea_uirements in accordance with ordinance 52. 4. Either one townhouse, or a variance, shall be granted to exceed the num- ber of townhouse units allowed. 5. The plat should be subject to all easements as required by City staff. 6. A detailed grading, drainage and erosion control plan shall be approved by the City staff. 7. A detailed landscape plan shall be approved by City staff and an adequate landscape bond shall be submitted with the final plat and not released un- til one year after the landscaping has been ampleted. 8. The developer shall provide a tot lot for the proposed pre-schoolers with- in the development. 17 CI'T'Y OF EAGAN MIDWESTERN ASSOCLATION PR=UNARY PLAT AND VARIANCE - LONE OAK HEIGKS SEI''I'EMHER 22, 19 81 PACS, FOUR 9. The developer shall construct a trail from Pilot Kncb Road to Pilot Knob School somewhere between the condominium and townhouse development. 10. The developer shall provide the City with a copy of the hcimecwner's association bylaws for City review. 11. A development agreement and planned development agreement shall be ap- proved prior to the final plat of Lone Oak Heights. 12. The plat shall be reviewed by Dakota County Plat Commission because the plat abuts two county roads. DCR/jac ENGINEERING RECOMMENDATIONS 13. Provide the necessary drainage and utility easements throughout the addi- tion for water, sanitary sewer and storm sewer lines. 14. Provide a 34' wide 5-ton public street extending through the addition from ' Lone Oak Road to Towerview Road. 15. Provide 26' wide private internal access streets to the public street to serve the adjacent units and built to 5-ton street design standards with a 3" thick bituminous surface and concrete curb and gutter. RWR:li s 1 ', TO: ADVISORY PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY PLANNER FROM: ROBERT W. ROSENE, CONSULTING CITY ENGINEER DATE: SEPTEMBER 15, 1981 RE: PRELIMINARY PLAT - LONE OAK HEIGHTS ADDITION (ORRIN AUNE) The Public Works Department has the following comments to offer for considera- tion of the above referenced plat: UTILITIES Sanitary sewer can be provided from the sanitary sewer extension currently be- ing installed across Pilot Knob Road to serve this area. This line has suf- ficient capacity and is at the proper elevation to serve the entire proposed addition. Water service will be provided from the existing 12" trunk water main on Lone Oak Road and the existing 12" trunk water main on Towerview Road. The water main should be required to be looped within the addition. GRADING AND DRAINAGE An existing 24" diameter trunk storm sewer line passes through the middle of this property. It has sufficient capacity to receive the drainage from this development. It will be necessary to install catch basins and lateral lines within the addition but no additional trunk facilities are required. STREETS The layout indicates that all streets within this addition are intended to be private streets. The main street through the area is shown to be 24' wide and the minor streets serving individual driveways are shown to be 20' wide. A discussion with the Dakota County Highway Department indicates that the two access points originally shown to Pilot Knob Road will be denied because of traffic problems which would be created on Pilot Knob Road. The revised lay- out omits these two access points. Traffic signals will be installed at the intersection of Lone Oak Road and Pilot Knob Road with the current County Road 31 construction project and conduit is being placed in Towerview Road so that traffic signal lights can be added at that intersection with County Road 31 in the future when traffic warrants are met. With no access to Pilot Knob Road, it is our opinion that the main collector street extending from Towerview Road to Lone Oak Road through this addition should be a public street not less than 34' wide with concrete curb and gut- ter. The streets and driveways leading from the adjacent units to this street can be private drives due to the limited number of units each serves but should not be narrower than 26' . Both the 34' wide and the 26' wide streets should be constructed to City residential street construction specifications which require a 5-ton gravel base and a 3" bituminous surface with concrete Curb and gutter. I will be available to discuss in further detail any portion of this report with the Planning Commission at their meeting on September 22, 1981. Respectfully submitted, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. Robert W. 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PPL �- ' • � • Pe, 74- R-3 R R-4 i \ R- 3 `4 PF--'r- - , R PF - R-4 R- 4 R D I - —_- R -4 u ADDITION R-j R - 4 ,� NB R - 4 I- N Q cr — 4 Q l 1 Q - :PK RIDGE A n .. A q --�-, R-4 N 8 tiK< < 4 GB RB R_ A 2S" L B P - pD CSC � ' R Rini4 75- 3 " LONE OAK HEIGHTS ADDITION PRELIMINARY PLAT AND VARIANCE The public hearing regarding the application of Midwestern Association- Orrin Aune for preliminary plat approval of Lone Oak Heights, consisting of 14.09 acres and containing 145 dwelling units, together with an application for variance to exceed lot coverage in residential district was next convened. Mr. Aune was present as were other representatives for the applicant. Mr. Aune stated a private road is planned between Lone Oak Road and Towerview Road within the development, although the staff recommended that it be a public street according to city public street standards. Mr. Aune agreed with the street being built to city standards but requested that set back requirements be waived. It was noted further that the density permitted would be less if the street were upgraded to public street standards and with required ordi- nance set backs. Mr. Aune stated that NSP would relocate the gas main through the property and that the applicant had agreed with the relocation at the developers' cost. It was further noted that Dakota County will not allow access from the development to Pilot Knob Road and that only Towerview and Lone Oak Road could be used for access. Mr. Aune showed a revised plan which changed the location of parking and there were concerns by staff as to the location of the garages in relation to parking. A large number of affected residents from the general area were present and objected to certain aspects of the development, including the impact on Pilot Knob School and the addi- tional traffic on Lone Oak Road. Mr. Aune stated there would be two home- owner's associations and staff was concerned about the private street owned and maintained by two different associations with potential problems. Mr. Aune further stated that the land is not feasible for underground parking because the condominium buildings are not large enough to be economically feasible for underground parking. There were also objections to the density proposed and the fact that the adjoining playground is already heavily used. Member Hall recommended that the Planning Commission consider recommending approval, subject to compliance with the ordinance requirements on density, and that the interior street be upgraded to city standards with allowing set- back deviations because of the existing planned development. Two tot lots are being proposed in the project. A representative from Banco Mortgage was present and stated that FHA may require the street to be dedicated to the City and further stated that under FHA requirements, that sales could not initially be made to non-resident owners. There was also a suggestion that a looped street be installed in the townhouse area. After considerable discussion, Hall moved, Krob seconded the motion to recommend approval of the application, subjecct to the following: fl 1. That the parking area on the revised plan be reviewed, including the parking near the condominium buildings and that the parking throughout the complex comply with ordinance requirements and staff recommendations. 2. That the total number of units comply with density requirements for the specific zoning on the entire parcel. 3. That in the event that the planned development is not completed within three years from the time of final approval by the council, with the potential for extension of time at the discretion of the City, that the property then revert to Agricultural zoning. 4. If the site plan is approved, the gas main shall be relocated so as not to interfere with any of the proposed buildings. • APC Minutes September 22, 1981 5. The townhouses shall be relocated to meet the setback requirements in accordance with Ordinance 52. 6. The plat shall be subject to all easements as required by City staff. 7. A detailed grading, drainage and erosion control plan shall be approved by the City Staff. 8. A detailed landscape plan shall be approved by City staff and an adequate landscape bond shall be submitted with the final plat and not re- leased until one year after the landscaping has been completed. 9. The developer shall provide two tot lots for the pre-schoolers within the development. 10. The developer shall construct a trail to city standards from Pilot Knob Road to Pilot Knob School between the condominium and townhouse develop- ment as determined by the City staff. 11. The developer shall provide the City with a copy of the homeowner's association Articles and By-laws for City review. 12. A development agreement and planned development agreement shall be approved prior to approval of the final plat of Lone Oak Heights. 13. The plat shall be reviewed by the Dakota County Plat Commission because the plat abuts two county roads. 14. The developer shall provide the necessary drainage and utility easements throughout the addition for water, sanitary sewer and storm sewer lines as determined by staff. 15. The developer shall install a street, to city standards, from Lone Oak Road to Towerview, through the development that would allow for future dedication to the City as a standard public street in the event the mortgage lender requires dedication or the event the city determines it should be dedicated for proper maintenance; further that the street setback provisions not be required. It was also noted that a number of other variances would be required under the proposal including reducing the number of units in both the condomi- nium and townhouse areas, the set-backs along Pilot Knob Road and the total square footage for the mix that is proposed. All members voted in favor except Wilkins who voted no. It was suggested that the developers meet with the area residents informally, prior to consideration at the next council meeting, and Mr. Aune agreed with the proposal. RAVINE PLAZA - REZONING, PRELIMINARY PLAT AND VARIANCE The public hearing regarding the application of Amcon Corporation and Patrick Gannon to rezone approximately 19 acres from agricultural to PD MEMO TO: TOM HEDGES, CITY ADMETNISTRATOR FROM: DALE RUNKLE, CITY PLANNER DATE: OCTOBER 16, 1981 SUBJECT: ADDITIONAL INFORMATION FOR THE LONE OAK HEIGHTS PRELIMINARY PLAT Since the time for public hearing at the Advisory Planning Commission Meeting the Advison7 Planning Commission recommended some revisions prior to the Lone Oaks Heights Preliminary Plat appearing on the City Council agenda. These revisions and conditions are stated in the Advisory Planning Camnission Minutes dated September 22, 1981. The original application submitted indicated a development proposal with 145 dwelling units. Since the public hearing the applicants have revised the Preliminary Plat to show 139 dwelling units or a reduction of 6 dwelling units. In calculating the acreage for the development proposal the applicant could provide 142 dwelling units. Therefore, they are under the net number of dwelling units allowed with this revised development proposal. Staff has reviewed the new layout and design and it appears that all of the conditions that were requested by the Advisory Planning Commission have been included in this revised plan. The parking areas have been realigned, the garages have adequate setback and spacing between, all dwelling units meet the setback requirements between units. The dwelling units have also been set back. from the private drive which is being provided from Lone Oak Road to Towervioa Road. Staff has reviewed the revised site plan and it appears that everything is in conformance with Ordinance #52. It is the Staff's understanding that the applicants have also met with the surrounding property owners in a meeting that was requested prior to the City Council meeting to go over this revised plan. It is Staff's understanding this meeting has been conducted so the neighborhood has had a chance to review the re- visions prior to the City Council meeting. Some of the conditions stated in the Planning Commission Minutes of September 22, 1981 will be done prior to Final Plat such as the development aggreements, ease- ments, detailed grading drainage plans, etc. The items which the Planning Cammi.s- sion were concerned about in the revised layout, reducing densitv and meeting all ordinance requirements have been met with this revised Preliminary Plat. If the City Council has any questions regarding the Preliminary Plat of Lone Oak Heights please feel free to contact me at the City Hall. S' , Dale C. Runkle City Planner DCR/bar LANE OAKS HEIGHT'S EAGAN, MINNESOTA A TOt.INMOUSE & CONDOMINIUM PRWECT I Civil Engineers Land Surveyors Planners Valley Engineering Co. Inc. • Q Telephone 447-2570 Box 478 Prior Lake, Minnesota 55372 LONE OAK HEIGHTS PLANNED DEVELOPMENT CITY OF EAGAN OWNER/DEVELOPER: Midwestern Associates, 1405 Lone Oak Road, Eagan, Minnesota. 55121' Telephone: 459-7120 (Orin'-Aune) CONSULTANTS_ Valley Engineering Company, Inc., Ron Swanson/Steve Harvey, P. O.. Box 478, Prior Lake, Minnesota 55372, Telephone: 447-2570 PROPERTY LOCATION The proposed project is located in the Southwest Quadrant of Lone Oak Road (Co. Rd. No. 26) and Pilot Knob Road (Co. Rd. No. 31) PROPOSAL: The site is presently zoned PD (Planned Development) with an underlying zoning of R-3 (Residential Townhouse District) and R-4 (Residential Multiple District)`. The city land use guide designates the site as R-3 land use (Mixed Residential) with a density of 6-12 dwelling units per acre. The request is`presently submitted with 139 dwelling units on 14.07 net acres giving an",over all density of 9.8 dwelling units per acre. GENERAL: A public hearing was held on September 22nd, 1981 before the Eagan Advisory Planning Commission on the original proposal. The project was given preliminary approval subject to several conditions, one of which was that the density requirements on the proposed project should be considered on the total site. With this in mind we have made several revisions on the proposal. The site data for the proposed Planned Development is shown on Table 1 herein attached, and indicates that 84 condominium units are to be constructed in 2 buildings-with ` 42 dwell' units each 20 adraminium dwell' '.rig qu ng units and 35 townhouse dwelling units. DEVELOPMENT OBJECTIVES: It is the intent of the Developer to develop the PD in phases beginning with the mast northerly condominium building as Phase I and the-quadraminium units as Phase II anticipating an absorption rate of 40 to 45 dwelling units per year. The estimated price range of<the units would be_$40,000 to $80,000 and would be sold in fee as individual units with two separate Hone Owners Associations, one LONE OAK HEIGHTS page 2 for the condaninium units and one for the townhouse quadraminium units with a common agreement for maintenance on the main north south road as shown on the proposal. It will be the intent of the Developer to provide the required landscaping, screening, etc., and to use construction materials in conjunction with • architecturally designed facadesfora pleasing visual effect. Each townhouse and quadraminium lot would have its own designed landscape plan consistent with its building type. All parking would be paved and non-landscaped areas would be sodded. The anticipated density and floor area ratio (FAR). for the PD area are shown in Table 1 and. the proposed minimum set-backs are consistent with the zoning ordinances for the total site. Financing for the PD would be through conventional methods and FHA and GI Guaranteed Home Loan programs through Banco Corp. The Developers financial capabilities can be verified by personal statements and/or conformation from - I the Developers bank if required. • CIRCULATION/POPULATION: The proposed PD will have excellent access to both county and state highways. The total site will have vehicular access to Lone Oak Road and Pilot Knob Road via the proposed private north south collocter street and.Towerview Road as shown on the proposed plata Pilot Knob Road is presently being upgraded to provide access to the proposed interstate 35E and 494intersection. At present there is a city park adjacent to thesouthwesternboundary of the site and an elementary schoolonthe northwestern boundary. The proposed PD ` provides for a walkway access to carry the present and future pedestrian traffic frau Pilot Knob Road to the western boundary. The denographic of the Lone Oak Heights PD are shown on Table 3; it has been estimated that the population of the PD will be 369 of which 64 will be school age children. The distribution of school age children was made frau data obtained from the Rosemount and west St. Paul School District, using the highest percentage from each District. r r ' x v ro c N ' • c c o o - N En IK a W En o � _ �. � � �� F-4 LE H • P.�- Q W W W N N N H H Ul Uri � EnO � a (p¢ �o} ¢ l0 W N .P N 0) m H (n ,HA rt ¢1 US H rt M Q� t0 H H (D }i 00 l000 N N J7 N J7 m hS W • N l O 0 00 00 0. 0. 10 rtP) H H m rt, i N bd H H H N N N O W tUl lT m H —1 J H 4h. O %D 11� F �P E71 00 N d1 00 �A H H N oW h7 C N H FA H Fd (}8 w . - V CD FJ lD_ N ti0 H N N H �P W N O O 0 UlCD I �A H v 61 01 w 0. H CD r � H QroQ�� N N N N N N N hi •.l U1 v Ul J U7 --1 H H H H W O W W lC> 0n w 1 �} GO - O �P � lD O 10 A! H • g � NH �a N. rr CD ft Q ZN H (t W O W 7pJC N ft 0 N Fj r � N1 N N O N J r Ob tt d ft " H (n H n (t U) � H Cf 0) p p rt toO Lrl SD ro r r Ul • r a FJr N} N �! In r fM �P K N Ob x O W F'• W Nab. hl N S In OD rt, AO r C4 K ON n I-hEn r x - N } ?.PONE OAK HEIGUS. page 5 SITE LOCATION MAP , IT M Nd TA� --- - - .: covii - (. .i( r�.• OST SP(!Nl� TRAMS A�^ /��n\ � � .. ' CCU® EAGAN NDlSMAL t��•\• AVALON / f RENN TN- Ew of 'r a is P C- , %4DNE "�S�rrf�f-- / r--BEA-Cf-IV A nR'.�E rC r=F-{-- -'NE-S :AK RD i1-,/e • 3�; • V" 4-NE uE.xw Ex r ?J E, �E:T�i"L -e Eay.Ex qh z Y _ I1 i1 4 77— f , z - -S�\f. ,,- E - Y -�.,` �.��•� —�.. ._ 111 Cie r ll x r c HALL 1 v l '! u°a� -..RA:� E ! gl�¢ �i9 Ca"�fs E a•L'S'���j}�' R' 3 aawK /�4 3' PIRTA/ENT n tEE6L"�FF LAI- Ft< G{ 3.wNDCRET <J CN_✓EM1 S1�L_^..: r' ?' � VE Y w O A NOCK �i5•v Ew IA"Eh +t A r— AVE TZ -272 cARN a QTz PA L.t?.i ��y�z.��J _".•A....�, i /' 0. -%,-A rR,K Fi GO ice•, [<—�^�'� �a ( 1 ofi � E w. �^\7 LANE OAK HEIGHTS Page 6 DESCTtYP: CM FOR PRXIXED PIAT • The Northeast Quarter of the Northeast Quarter of Section 9, Township 27, Range 23, Dakota County, K-nnesota excepting there_`ran the following: 1. That parr of the Northeast quarter (NE 1/4; of the Northeast quarter (NE 1/4) of Section Nine (o} Township Twenty-seven (27), Range enty-three (23), particalarly'described as follows: Beginnurg at the intersection of the East line of Oslund Timberline Addition as platted and the North line of Section Nine (9), Township Twenty-seven (27), Range 1Wennty-three (23); thence South along said East line a distance of 660 feet to a point on said lire; thence East along a line parallel to the north line of said Section a distance of 859 feet to a point; thence North along a line parallel to the east lire of Oslund Timberline Addition as platted a distance of 660 feet to a point on the North line of sadi Section Nine (9); thence West l along the North line of said Section (9) a distance of 859 feet to the place of beginning. 2. That part of the Northeast Quarter (NE 1,14) of Section 9, Township 27, Range 23, Dakota County, w.inresota, described as follows: 7 orner.nq at the Northwest corner of the Northeast Quarter CNE 1/4) of the Nn-theast Quarter { T 1-'4) of Section. 9; thence South 0 decrees C2 -Lnutes 02 seconds West (for the purposes of • this :escr:ption the North line of :he Northeast Quarter {NE 1/4) of the Northeastouarter (NE 1!4) of said _e ticn 9 has ar. assuned bear -r, of South 89 degrees 53 minutes 20 seconds East) to the 30u :ane of the Nrorth 660.00 feet of sac Njort? t 0uarter (!M 1/4) of the Mort, t Quarter `T .,4}, said point being the point of becLr. ng of the Land to be described thence continuing South C degrees 02 ,minutes 02_seconds;des_ to the South line of said Northeast ?anter (,NE 1/4) r of the Northeast Q.;arter (NE 1/4) thence Easterly along the South line of said Northeast Quarter NIE /4; of the Northeast Quarter M 1/4) a distance of 666.41 feet; thence North 0 degrees 02 minutes 02 seconds East to the South lire of the North 660.00 feet of said `ortheast 'X:a-ter (NT 1/4) of the Northeast Quarter (N,M 1/4); thence Westerly along the South • line North 660.00 Feet of said Northeast Quarter (NE 1/4) of the Northeast Quarter NE 1/4) . to the point of beginning. 3. -!at cart of the northeast quarter of the northeast quarter of Section.9, Township 27, Range 23, Dakota 'bunt;, Ntinesota, lying swth of the nort': 33.00 feet thereof which lies east of Line 1 ani west of Line 2 described as follows: f Line 1 is a line 55.00 feet west of, as mea_sared at_right angles to and parallel with. the j fcllow -ig described line. Beginning at the northwest darner of said Section 10 theme south • along the west line of said Section 10 a distance of 482.89 feet; thence along a tangential :e to the right, having a central angle of 1 degree 00 minutes 00 seconds and a tangent ' of C ,: feet, a dstxice of 200.00 feet; thence scutherly tangent to the last described 4 z=-.'e a _istarce of 253.39 feet; thence.alorg a tangential curve to the left, having a central � angle of l levee 00 mis:tes 00 seconds and a tangent of 100.00 feet, a distance of 200.00 feet: thence southerly tangent to the last described curve a distance of 200.00 feet there to:..:rating. Line 2 is a _ine 33.CC feet west of, as measured at right angles to andparallelwith, a line drawn f_--txn a ocint on the north line of the nort.%mst quarter of Section 10, Township 27, 1. Range:23, Dakota Count-jr, !lines-ta, distant 8.80 feet east of the northwest corner thereof to a point or, the south line of the northwest quarter of the ro-t nest quarter of said Section .0 distant 10.30 feet east of the sour-,wiest comer thereof. Together with the south. 22.00 feet of the north 55.00 feet of the northeast quarter of the northeast n=ter of said Section 9 which lies vest of the aforgnentioned° Line 1 and east of the west feet of the nc Mheast cuarter of the northeast quarter of said Sectior. 9. i. ;T:at :art of the NX 1/4 of the %T -1/4 of Sectior. o, T-7wr-zhip 27, Range 23 ly. • +r4 crib and east of.�ccepuon f 3 (the old rights-of-way for ?one Oak load and Pilot Knob Road). { PLA» wcn»m PM: MIDWESTERN ASSGaATES VALLEY EMG/NEERWO Co,INC • A44».LOW O" AMC. 204.VOTERS EDGE OFFKE PLAZA 44 0M SUITE BO. ,BOX 470 ' PRIOR LAKE, MINNESO[A 53372 TELEPHONE(612)447-2510 OAK<_tQQNL_ M ROAD ✓ f , •' + i I ifill d it -�—�-�- �.itli my vffirr wore slob snee - _ __� _--.foer._-� } ,�� t; .room- �-�-�•- -r'--N-�- .. It uiutaal q 1 a t r , jilt all to IF f . iff, r .�� RLE as no* Sm �M W-W,0 t4s A,! I � r rfol 11 41 l 11 anu sem' ; I AM- � 410 M0WW AUM-A,u VALLEY ENG/NEERiIVG C, , /NC •. I409 .omewe.9 W161=1"K ROAD GGSM.1M. UNTIE 4,20WATERS EDGE OFFICE .PLAZA PO. BOX 47S - PRM LAKE. MMINESM 55372 : - TELEPHONE (6@)447-2WO • II '1 LONE OAK ROAD ` (60._ROAD DR 26)f IHw-D'art ,I • - _ �' � � i !i ; � 1.,, 11.1• , ;mo I tI Jr I; 11 II , Nl9• 7° ' '.._�.-..����— •4.1 it - -•192. __ •sdOnl -- t t LI I1 ,� .'. 1-2rl l 11 1 11 1 14 11 1r I , 1 s•., � �—tom' � ) I .I � / I I 3 ♦ Y� y ' fiI FI � ;1 ;I A 1, I •1 I 1 ,t ---,-_ 1y� I I TOMERNEWori. Roto , f• s , �- �� .�a �•� ,OJT ®_ s w °p NJ 11-1 T :r fA v iE • 2 2� 2 _ a •:... .. � h y/. _.. cv � .. � v � � Quo � O $p � �. O � j� Q o O O b N po00ON � i R • Gi 6` 1 1 � — �a OW P' e .o LIN m 3E tc I� a O m �. ?• op m i `�ID u1 "1 rho Mal � TFT a�tP - ------------ - ------------- sz:i A i f h + a rid • 1Y -Y JC Agenda Information Memo October 15 , 1981 Page Nine WAIVER OF PLAT - GREGORY GROSE B. Gregory Grose for a Waiver of Plat to Subdivide a Duplex Lot for Owner Occupancy -- A public hearing was held before the APC to consider an application submitted by Gregory Grose for a waiver of plat to subdivide a duplex lot for owner occupancy located on Lot 2, Block 1, Ballantrae First Addition. The APC is recommending approval of the waiver of plat to the City Council . For additional information on this item, please refer to the City Planner' s report , a copy of which is enclosed on pages 3 p through 37- . For a copy of the minutes regarding this item, please re-fer�to page 33 . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the APC to approve the waiver of plat. 2� CITY OF EAGAN SUBJECT: W VER OF PLAT APPLICANT: GREGORY GROSE LOCATION: LOT 2, BLACK 1, BALLANTRAE 1ST ADDITION EXISTING ZONING: R-2 (RESIDENTIAL DOUBLE DISTRICT) DATE OF PUBLIC HEARING: SEPTEMBER 22, 1981 DATE OF REPORT: SEPTEMBER 16, 1981 REPORTED BY: DALE C. mT=, CITY PLANNER APPLICATION SUBMITTED An application has been submitted for a waiver of plat to allow for the sub- division of a duplex lot for separate ownership of each duplex unit. Lot 2, Block 1, Ballantrae lst Addition was platted a number of years ago which al- lowed a duplex on a single lot. The owner is now requesting to subdivide the duplex lot for single ownership. # CCMMEI'I'S 1. The lot in question currently contains one duplex upon a single lot. The proposal is to split the lot to allow for separate ownership of both du- plex units. 2. Each of the newly-created lots would meet all ordinance requirements ap- plicable to the R-2 zoning designation. 3. The proposed lot split would not negatively impact the character of the neighborhood and would encourage owner occupancy of the dwelling units. 4. In the past, other similar waivers of plat have been granted in the Ches Mar and Cedar Grove neighborhoods. 5. Separate utility lines should be provided to each unit if not already. If approved, the waiver should be subject to the following conditions: 1. All property shall retain the existing drainage and utility easements. 2. The newly-created lots must meet all applicable ordinance requirements. DC.'R/j ac i N 89° 39 34"E — 100.00' 56-30' 43.70 LOT 2 BLOCK 0 00 0 0 1 3 3 EIEC. METERS GAS METERS N ` N O O N G 36 36 0 0 Z Z 20.30' "� 1955 1953 M; 770' 'N GOLD TRAIL GOLD TRAIL N' i 36' 36 I D:.KGra ELE: DRIVE WAY 18" ELEC. BOX TR-'NS. EG c I 1 56.30 --- 43:70' TEL. CABLE WATER il S 890 39 34" W BOX SHUT OFF_ 100.00'- - VALVES 1 -- �� I ; � I W I ~ GOLD ;; �> TRAIL I i 3N I � W N I � I 3� CE LI J - INDUST IAL, ,-PA RK A t417 R_I IDGEVIF-W1ap ,1 L I ,� 4P R-1 AOD'TION R-4 A R - Jc� E T LACKK� A ACRES L IL C \\� R - 4 R•4 G B �_ G N ME CENTE �� _j- R - R -2 C ^ i 72 P K csc ' R-4 F P K - CSC PF � . A R-4 ` A �Oa -R -i . . •. .P E L81�L'�d ' C�` i R'=Al HSI_ 4NCAL E ,yam 4E A _ ` ✓ FEN R --4 R _ 4 PD 79-6' R B i , oc I�lB R ice' � '�-� j-:�`�,.. -� --� -- � R_ B r cr A GREGORY GROSE - WAIVER OF PLAT The hearing regarding the application of Gregory Grose for waiver of plat for Lot 2, Block 1, Ballantrae First Addition, was considered by the Planning Commission. Mr. Grose was present and there were no objections to the pro- posed split of a duplex lot. Krob moved, Wilkins seconded the motion to approve the application subject to the following: 1. All property shall retain the existing drainage and utility ease- ments. 2. The newly created lots shall meet all applicable ordinance require- ments. All voted yes. i 5 33 Agenda Information Memo October 15, 1981 Page Ten LEONARD NORUM - CONDITIONAL USE PERMIT FOR AMUSEMENT DEVICES C. Leonard A. Norum for a Conditional Use Permit to Allow 15 Amuse- ment Devices in the Silver Bell Shopping. Center -- A public hearing was held before the APC at their last regular meeting held on September 22 , 1981 to consider a conditional use permit in order to have more than three (3) amusement devices in a neighborhood business district located in the Silver Bell Shopping Center. The Advisory Planning Commission is recommending approval of the conditional use permit to the City Council . For additional infor- mation on this item, please refer to the City Planner' s report , a copy of which is enclosed on pages *35- through 1P . A letter was also submitted by the attorney representing Mr. Leonard Norum and a copy of that letter is enclosed on pages ¢ ' through A?, for your reference. For a copy of the actio nn t at wwas taken b—y tie APC , refer to those minutes found on page 43 . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the APC to approve amusement devices in the Silver Bell Shopping Center. i I 9 i 3j CITY OF EAGAN SUBJECT: CONDITICNAL USE PER aT APPLICANT: LEONARD A NORUM LOCATION: PART OF THE St 4. OF SECTICN 17, 1971 SILVER BELL ROAD EXISTING ZONING: NB (NEIGHBORHOOD BUSINESS DISTRICT) DATE OF PUBLIC HEARING: SEPTEMBER 22, 1981 .DATE OF REPORT: SEPI-EMBER 16, 1981 REPORTED BY: DALE C. RC)NKLE, CITy PLANNER APPLICATION SUBMITIED An application has been submitted requesting a conditional use permit in order to have more than 3 amusements devices in a NB (Neighborhood Business District) located at 1971 Silver Bell Road. CC"= In 1980, the Eagan City Council amended Ordinance 52 to allow more than 3 amuse- ment devices in any one location as a conditional use within ccmmrcial dis- tricts. Therefore, the applicant is fulfilling the requirement of the public hearing process with this application. Also, on July 17, 1980, the Eagan Citv Council adopted Ordinance 73 regarding amusement devices. Ordinance 73 requires all amusement devices to be licensed within the City of Eagan. The ordinance also states many requirements which the applicant must fulfill in order to ob- tain licenses for amusement devices. If Ordinance 73 is enforced, staff at this ! titre has no additional conditions to place on the conditional use permit. j If approved, the conditional use permit should be subject to the following con- ditions: 1. Fulfilling all the requirements of Ordinance 73, Amusetrent Devices. DCP,/j ac 3 S� CITY OF EACAN DAKOTA COUNTY, MINNESOTA ORDINANCE N0. 73 — AMUSEMENT DEVICES THE CITY COUNCIL OF THE CITY OF EACAN, DAKOTA COUNTY, MINNESOTA, DOES HERESY ORDAIN: SECTION 73.01 -- DEFINITIONS. As used herein a mechanical amusement device is defined as a machine which, upon the insertion of a coin, token or slug, operates or may be operated for use as a game, contest or amusement of any description, or which may be used for any such game, contest or amusement , and which contains no automatic pay off device for the return of money coins, checks, tokens or merchandise, or which provides for no such pay off by any other means or manner. The term mechanical amusement devices shall include pin ball machines, mechanical bowling machines, shuffleboards, electric rifle or gun miniature pool tables, ranges, miniature mechanical devices and games or amusements patterned after baseball, basketball, hockey, tennis, soccer, juke boxes and similar games, which may be used solely for amusement and not as gambling devices, but shall exclude mechanical rides. SECTION 73.02 -- LICENSE REQUIRED. within No person, firm, or corporation shall operate, maintain, or keep the City of Eagan, a mechanical amusement device as hereinbefore defined without first obtaining a license therefore from the City Council, except that chis nical amusement devices held or kept in storage ordinance shall not apply to mecha or for sale, and which are not actually in use. SECTION 73.03 APPLICATION REQUIREMENTS. Application for such license shall be made to the City upon a form 1. be supplied by it for that purpose. The required license may be secured either by the owner of the machine or the person in whose place of business the machine is placed for use by the public. The application for such license shall contain the following information: 1. Name, address, age, and date and place of birth of the occupant. 2. Prior misdemeanor, gross misdemeanor or felony statutory or ordinance convictions of applicant, if any. Ordinance No. 73 Page Two 3. The place where the machine or device is to be displayed or operated and the business conducted at that place. 4. A description of machines to be covered by the license including mechanical features, name of manufacturer and serial number. SECTION 73.04 -- LICENSE FEES AND PROCEDURES. Subdivision 1. The annual license fee for any individual or business owning a mechanical amusement device within Eagan shall be determined according to the total number of machines that individual or business has located within the City. Number of Machines Owner's License Fees 1-3 $25.00 per machine 4-15 $200.00 More than 15 $400.00 Subdivision 2. All such licenses for mechanical amusement devices shall expire on the 1st day of July of the effective year. Applications for licenses shall be considered by the City Council, and, if approved by the City Council, a license shall be issued by the City Clerk. License fees paid to renew an expired license shall be paid on or before the 1st day of June of the year preceding the effective year. Any annual fee paid later than ten working days after June 1st shall be subject to an additional administrative service charge double the amount of the license or fifteen ($15.00) , whichever is the least. Initial application received prior to the 1st day of January shall be subject the entire annual fee and applications received after January 1st shall be subject to one-half of the annual application fee. SECTION 73.05 -- INSPECTION. One copy of the application shall be referred to the Chief of Police or his designated inspector who shall investigate the location wherein it is proposed to operate such machine, ascertain if the applicant is a person of good moral character, and either approve or disapprove the application. No license shall be issued to any applicant unless it has been approved by the Chief of Police or his designated inspector. `3 7 1 Ordinance No. 73 Page Three SECTION 73.06 -- DISPLAY OF LICENSE. The license or licenses herein provided for shall be posted permanently and conspicuously at the location of the machine in the premises wherein the device is to be operated or maintained. SECTION 73.07 -- TRANSFERABILITY. Subdivision 1. The license may be transferred, from one machine or device to another similar machine upon application to the City to such effect and the giving of a description and the serial number of the new machine or device. Not more than one machine shall be operated under one license and the applicant or licensee shall be required to secure a license for each and every machine displayed or operated by him. Subdivision 2. Licenses are issued for one location only, and such licenses are nontransferable between locations. SECTION 73.08 -- REVOCATION OF LICENSE. Every license issued under the City is subject to the rights, which is hereby expressly reserved, to revoke the same should the licensee directly or indirectly permit the operation of any of the devices licensed herein contrary to the provisions of this Code or the laws of the State of Minnesota. Written notice shall be given to the licensee specifying the violation with which he is charged. At such hearing the licensee and his attorney may present and submit evidence or witnesses in his defense. If after a hearing the licensee is found guilty of such violation, the license may be revoked by the City Council. SECTION 73.09 -- SEIZURE AND DESTRUCTION OF MACHINE. If the Chief of Police or his designated inspector shall have reason to believe any mechanical amusement device is used as a gambling device, such machine may be seized by the police and impounded. If upon trial of the exhibitor for allowing it to be used as a gambling device said exhibitor is found guilty, such machine shall be destroyed by the police. SECTION 73.10 -- GAMBLING PROHIBITED. No person, firm or corporation shall permit the operation of such a machine or device for the making of side bets or gambling in any form. No prize, award, merchandise, gift , money or anything of value shall be given to any player of such machine or device. 3 9 r • • Ordinance No. 73 : Page Four SECTION 73.11 -- OPERATION BY MINORS. Subdivision I. Every licensee, and every person, firm or corporation upon whose premises a mechanical amusement device is located and is open to operation by minors, shall himself or through his agents or servants, cause the following regulations to be conspicuously displayed in the area where such device is located, and shall cause said regulations to be rigidly enforced: I. Gambling or wagering of any type whatsoever is prohibited. 2. Adult supervision shall be present where a mechanical amusement device is located at all times the device is in operation. 3. Horse play, profane language, and abuse of machines is prohibited. 4. Mechanical amusement devices shall not be operated after 10:00 p.m. except by permission of the City Council. _'S. Violators of the above rules shall be ejected from the premises. Subdivision 2. The use of any such device by a person under the age of 18 years and unaccompanied by his parents or guardian, shall constitute a conclusive presumption that the same is being used with the permission or at the sufferance of the licensee and person, firm or corporation upon whose premises it is located. SECTION 73. 12 -- PENALTY. Any person who shall violate any of the provisions of this ordinance shall upon conviction thereof be punished by a fine not exceeding Five Hundred Dollars ($500.00) or improsonment for not more than ninety (90) days or both. SECTION 73.13 -- VALIDITY. The invalidity of any part of this ordinance as declared by a Court of" competent jurisdiction shall not affect the validity of the remainder thereof. SECTION 73.14 -- EFFECTIVE DATE. This Ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY COUNCIL CITY OF EAGAN i BY: 1 �� _.! f4-y? Its City Clerk / " Its Mayor Date Ordinance Adopted: July 17, 1980 t Date Ordinance was Published in FP CE I L 1 INDUST IAL, ,BARK �'' ��� q R-f , P RTA NK -I PC �. Ill. ( f ADD TION R - 4 R-4 A R - A3 Li � LI c � R - 4 R•4 . - 1 � Ll R GAN MET 0 CENTE ,I LL LtDD a' Hcy 12 NV CSC '� 3 �a CSC PF �� A R -4 L B OAR OvE f:. ' : • ' `t r TTT R.' Ll A . ' QELHlll.�d _ � . i i f . - Hli_ . ✓ EEN PDG 8 ��� { R - 4 A 79. -r-` PF PF NB R NSPF - _ William B. Korstad James B. Lund William A. Soules Korstad, Lund,Soules, Erdall & McKendrick, Ltd. Richard M. Erdall John E. McKendrick Attorneys at Law ,� �� G. E.Sveeggen Marvin L. Gurewitz Kent N. Magnuson 1600 Dain Tower 527 Marquette Avenue CCj C r Minneapolis, Minnesota 55402v Telephone (612) 339-3100 r October 13 , 1981 Mr . Tom Hedges Egan City Hall 3795 Pilot Knob Road Egan, MN 55122 Re: Argon Amusements Dear Mr . Hedges: We represent Argon Amusements. They have an application pending to operate an amusement center in the Silver Bell Mall which will be before the Eagan City Council on October 20 , 1981 . During the Planning Commission hearing on this matter , one commissioner asked our clients if they were familiar with Section 73.11 , Subdivision 2 , of the Eagan Code of Ordinances which reads as follows: "The use of any such device by a person under the age of 18 years and unaccompanied by his parents or guardian, shall constitute a conclusive presumption that the same is being used with the permission or at the sufferance of the licensee and person, firm or corporation upon whose premises it is located. " No one at the meeting seemed very clear on its interpretation. Since Argon' s experience in other centers is that most of its -customers fall within the ages of 13 to 17 , they have asked me for an interpretation of the provision. My reading of the provision is that it permits unaccompanied minors to use the devices but attempts to impose on an owner permitting same some undefined responsibility over and above that normally associated with a business operation. I have briefly 41 This professional association of attorneys is not a partnership. Korstad, Lund,Soules, Erdall & McKendrick, Ltd. discussed the matter with Paul Hauge and he was not sure of the provision' s purpose . Argon understands their business will be the first in your community exclusively devoted to amusement devices . It is important to them that the business provide a wholesome recreational outlet for the community as well as be successful. If our client' s proposed operation is in any way inconsistent with the policy of the City of Eagan, we would , of course , prefer to resolve such problems prior to the start of business. Any clarification you could provide on Section 73 .11, Subdivision 2, would be appreciated. Sincerely, f,41X111, Richard M. Erdall cc: Leonard Norum 1 q.Z LEONARD A. NORUM - AMUSEMENT DEVICE PERMIT The public hearing regarding the application of Leonard A. Norum for conditionaluse permit for installation of more than three amusement devices in the Silver Bell Shopping Center, 1971 Silver Bell Road, was convened. Mr. Richard Erdahl, attorney, appeared for the applicant, as did Mr. Norum. There were no objections to the application. It was noted that the Police Depart- ment must review and comment on the application. The hours proposed were explained by Mr. Erdahl and the provision under the ordinance regarding minors patronizing the establishment and minors as employees, was reviewed by the Commission Members. After discussion, Bohne moved, Gits seconded the motion ! to recommend approval of the applciation, subject to the following: 1. That all provisions of Ordinance No. 73 regarding Amusement Devices, be met 2. That the application be reviewed annually by the City Council. All voted in favor except Krob, who voted against. st I 6. 11 � 3 i • _ Agenda Information Memo October 15, 1981 Page Eleven FEDERAL-LAND.COMPANY---VARIANCE-FROM PARKING REQUIREMENT D. Federal Land Company, Martin Colon, for a Variance from Parking Requirements for an Office Building on Lot 1, Block 1, Bicentennial 7th Addition -- A public hearing was held by the Advisory Planning Commission at their last regular meeting held on September 22, 19813, to consider a variance application submitted by Federal Land Company for parking requirements for an office building in a com- mercial district located on Lot 1, Block 1, Bicentennial 7th Addi- tion. The APC is recommending approval of the variance to the City Council. For additional information on this item, refer to the City Planner' s report, a copy of which is enclosed on pages �s through For additional information regarding action at was taken— y t e APC, refer to a copy of those minutes found on page &0 . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the Advisory Planning Commission to approve a variance from parking requirements to the Federal Land Company. 44 CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: FEDERAL LAND W'EPANY LOCATION: LOT 1, BLXK 1, BICENTRINIAL 7T[i ADDITION EXISTING ZONING: Ca1v1EPJ= USHER A PLANNED DEVEI0PrIQ1T DATE OF PUBLIC HEARING: SEPTEMBER 22, 1981 DATE OF REPORT: SEPTEMBER 17, 1981 REPORTED BY: DALE C. RUNKLE, CI'T'Y PRIER APPLICATICN SUBMIITrM An application has been submitted requesting a variance frau the parking re- quirements for an office building in a commercial district located on Lot 1, Block 1, Bicentennial 7th Addition. CO IMITS Presently, Federal Land Co. is in the process of completing the third office building in the Yankee Square Planned Development. The application before the Advisory Planning Commission at this time is a request for a variance from the Parking requirements on the fourth office building. Lot 1, Block 1, Bicentennial 7th Addition consists of 1.76 acres and will con- tain 12,160 square feet of building on one floor, or 24,220 square feet for the total building. The lot coverage on Lot 1, Block 1, is 15.8%, which is the under the maximun requirements of Ordinance 15. Federal Land is proposing to construct the identical office building on Lot 1, Block 1, Bicentennial 7th Addition as has been constructed to the west and south of this location. In reviewing the parking standards for this office building, this office would require 145 parking spaces. In reviewing the site plan, the site can only produce 103 parking spaces in which there are 42 spaces short of the ordinance requirement. Federal Land has indicated that they have more parking spaces than what is need- ed on the other 3 office sites. Federal Land is proposing to utilize the em. ty spaces on the other three sites to make up the 42 parking spaces. If the vari- ance is granted for the 42 spaces, the applicant will then be able to construct this identical building. If approved, the variance should be subject to the following conditions: 1. That a cross easement be provided for the 42 parking spaces on the other 3 lots where the offices have already been constructed. These 42 spaces shall be the closest parking spaces to the office building on Lot 1, 45" CITY OF EAGAN FEDERAL LAND CCmPANY SEPTEMBER 22, 1981 PAGE TWO Block 1, Bicentennial 7th Additiaz. 2. That all other ordinance requirements shall be net. DC R/jac . FEDERAL STREET - • 0.02 ! z �oGC, m aL9 o ' > r w i ' foxmOZ !!! 'aIts*m 'acal » _ gos 'Oti0< .. W M W AMMI +• ` 1 4s = s t r • !r� ! 1tS•.I w .1 V 1 1 • �„' .� 20 _4 _ 1'. FEDERAL STREET �i fit." • �w� _ F � �• - wos ( • pw Is ' — mm0 300 9 T a 1 "� s > rnYANKEE SQUARE W 49 � _ R-4 - :- . R- 4 ;B � . -� � -• R-3 _ a 41NAR p � R-1 — -- R-4 K c — ADDITION R-i R- 4 ONB } GB �o P K . A A RIDGE 3-4A GB ;i R-4 N B; ;' NB YA N K« ?kc� -4 ` 98 S ► F Fti R(� 1 r a.)[ A _ P F D ,"_ CSC . - 5-3 rr � Fpm E� r ; - r � q R A � i l R -,4 T T csc pA L B.ro NZ 0 R-2 r e A - FT aL.ICKr1A - - _ _ FISH • / K B CIT'f R- ' �- HAL PK a= / PF w1,140C A // .4 A Key L A o kjIl 2 D • , R � . FEDERAL LAND COMPANT - BICENTENNIAL 7TH ADDITION VARIANCE The public hearing concerning application of Federal Land Company for variance from the parking requirements for an office building and commercial district on Lot 1, Block 1, Bicentennial 7th Addition, was convened by Chair- man Harrison. Mr. Martin Colon appeared for Federal Land Company and stated that Federal Land Company is in the process of completing the third office building in Yankee Square Center. The application would be a request for variance for parking for the fourth building noting that the building will be identical to two other buildings in Bicentennial Addition, but can provide for a maximum 103 parking spaces which are 42 spaces short of the ordinance requirement. The other office buildings comply with the required parking and Mr. Colon stated there was an excess amount of parking available for the other buildings. The parking is figured on a gross, rather than a net basis. Hall moved, Harrison seconded the motion to recommend approval of the variance based upon the inability to provide for additional parking on the lot and the fact that the City computes parking on a gross rather than a net square foot basis, subject to the following: 1. That a cross easement be provided for the 42 parking spaces on the other 3 lots where the offices have already been constructed and these 42 spaces shall be the closest parking spaces to the office building on Lot 1, Block 1, Bicentennial 7th Addition. 2. That all other ordinance requirements shall be met. All voted in favor. sv Agenda Information Memo October 15, 1981 . Page Twelve HILLCREST DEVELOPMENT CORPORATION - REQUEST FOR GROUND SIGN E. Hillcrest Development Corporation, Ernie Christensen, for a Variance from Ordinance 16 to Allow 2 Ground Signs for One Office Building, at the Mari Acres 2nd Addition -- A public hearing was held before the APC to consider an application submitted by Hill- . crest Development Corporation requesting a variance from Ordinance 16 , the sign ordinance to allow a second ground sign for an office building located on Lot 3, Block 1, Mari Acres 2nd Addition. The APC is recommending approval of the variance to allow two ground signs for the office building to the City Council . For additional information on this item, please refer to the City Planner' s report, a copy of which is enclosed on pages ,$2.- through SS- . For action that was taken by the AP C, refer to those minutes found on page (o. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the APC to approve the variance for two (2) addi- tional ground signs for an office building (Hillcrest Development Corporation) . S CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: HILLCREST DEVELOPMENT CORPORATION LOCATION: LOT 3, BI= 1, MARI ACFW 2ND ADDITION EXISTING ZONING: CSC (CO447NITy SHOPPING OTTER DIS'T'RICT) DATE OF PUBLIC HEARING: SEPTEMBER 22, 1981 DATE OF REPORT: SEPTE BEM 16, 1981 REPORTED BY: DALE C. FdjNmE, CITY PLANNER APPLICATION SUffi"FI=: An application has been submitted requesting a variance from Ordinance 16, Sign Ordinance, to allow a second ground sign for an office building located on Lot 3, Block 1, Mari Acres 2nd Addition. ccnm= As you may recall, Hillcrest Development Corporation received plat approval in 1980 for Mari Acres 2nd Addition. Since that tune, Hillcrest has started con- struction and has almost ampleted the first phase for the 20,000 sauare foot office building which was proposed. The proposed building was designed as a 2-story office building with each floor at a different elevation which allows walk in access to each level. Hillcrest Corp. has received one ground sign for the office building. At the end of the platting process, Hillcrest Corp. also submitted an overall sign plan as to how the overall commercial area will be signed as it develops. At the time the sign plan was submitted, the City of Eagan was in the process of reviewing Ordinance 16, the sign ordinance in re- gard to freeway signs. At the tine Hillcrest was asking approval of the over- all sign plan, the City of Eagan did not take any action and stated that they would like at the overall sign plan at a future date. As stated earlier in this report, the first phase, or the office building, has been, or will be cm*- pleted, within the near future and Hillcrest Development is requesting a second ground sign for the office building. In reviewing the present sign ordinance as amended, it would allow Hillcrest to obtain a pylon sign for freeway visibility along with a ground sign orientated for Erin Lane. Hillcrest is not requesting a pylon sign but is reauesti.ng a ground sign in place of this pylon. Therefore, Hillcrest Develoament Corp. is asking less signage than what would be allowed under the amended sign ordinance. The proposed ground sign is 7' in height and has a maximum of 20 square feet of signage. The sign is in conformance with the ground sign standards in Ordi- nance 16. If approved, the proposed ground sign should be subject to setback and height requirements of Ordinance 16. DCTVjac sZ ~K-'rJF ^�.. � �gl t -".�' �h�� a. 4 ? '� �a't��,a�S� .�. "�11 •'l 'Y"� p�+�v F •n,#<f # ��-n t-"`.X'�'t� ffiv "S-•.s:�?-y`���s�px-s..-.� �.�_ �t �` '��m�'�i a ?4Y3� r�.f,'A3a "A..� k ';�'a�'� �'; ��'�,`"i� "�-+ av�..�-'�'�,%.t"'S°' ^'C �� �RE�it�:r eK° �yr'�N"`�-�y',�i">. � .;; ��:^a,-� �"•; „�,��t �l �-�� tC-,,'4,�,,.s +••�."6fd'' �B1y44 rbc•'�a!' .+ g ,..:a'� {�'S'���9��� 3 �`ls'�Vtf�J`,'�. :,V .:J; }".,-mow A: "r'res as.. l�. i - ^`� � .as. y _ >tt q^ r i� Y§. -,. ,- o- , r ?'"F '�r a7 ,xsF• ^,� J i ,f ah.•z.f ' -. h W y-�F , . 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AMC �agt`C+, " 4MUri 5'�. as"S'4. ` - `a S :?`+dmre' �,� - '_ `aJ+�efy'fi "3s`-.r ✓ ;f ' - ��'-� �<' �gjy'. t ; �.; 4"+v`m _ `� �'� „ .$- ,5.�, � -'�" '+ +��� .p +4��•�"°� � r4 A�` '4 „y erg. �,. 5c''xd�i. � �a�-� a+, -' 4 � � �..`� � !�^.��„'�4g' � a S � � t,. �•ry-f-:,:���'� =`-t,.^ya,.. ?.<<*��yV`: �'3 r�,Yy,.. �..�` ✓^z- �.� , n< , MPJ a� � ♦£ ��.� -}_ a , .. � i i"" t• Ui Ali R. a.z sAc+ H f` d1 A tP►�- =Z ;v Zm�a 6m 6r ern ooi�^R ac fNrlR :p�`e..J L 0(11 C gTVt:%A ,�Opr> X� False or Flci. :o��i►P At �=(1 g F Z >L F rn � v^ Z rn R v v s It i 1 r ) 0,>� F, rn �I m � T _ r i • • � ..i ode ,�, t _ 1 i -�-i� ;� � f�l d T1y \i (.- \fes •p � ' � � � iii�0 t M � 'mss � •.. 7t !; r� s ♦. l \ 01 � ��q�. /n.�• .,•�'� `,'TT a ♦ � ♦e�� •• tet_ • w•�wr. � �=Yrw � .. _. V �� C1 d.� is 4��•p iYp.^�i t rr•v �Se./O Ell- U410 1 . _ �. PHASE I OFFICE BUILDING FOR HILLCREST DEVELOPMENT r Au G B _ =E E N GS s PF _ F : - . JI urulotPfF IVB PF n 'L HIGH m �B , NT B -2, SCHOOL LL.// I• ; iy 4 L. PK m+-. x MART R-4 R _ Z CSC O L A (1 t1 11.E a (I RIVER � P� " PEST R B A Z � , '� �� ' ENTER z �.f ti LB A >x' .� ► A I RB Vii :• _ �.� I CSLAT AC S. ss �, , ' EMI CREST DEVELOPMENT CORPORATION VARIANCE - MARI ACRES 2ND ADDITION The hearing regarding the application of Hillcrest Development Corpora- tion for variance from Ordinance No. 16, Sign Ordinance, to allow a second ground sign for an office building on Lot 3, Block 1, Mari Acres 2nd Addition was opened. Mr. Ernie Christenson appeared for the applicant and stated that all spacing requirements will be met but that because of the two levels of the office building not being completed, that it is necessary to have two signs. .Mr. Christenson further stated that no additional sign variances will be required in the Mari Acres Development. Gits moved, Bohne seconded the motion to recommend approval of the application noting the hardship is based upon two main entrances to the building at different levels with the understanding that no pylon sign application will be submitted for the specific office building; further, that the application be subject to compliance with Ordinance No. 16 in all other respects. All voted yea. s � Agenda Information Memo October 15 , 1981 Page Thirteen JOE CHRISTENSEN - STORM SEWER PETITION A. Petition, Joe Christensen for a Storm Sewer on Egan Avenue -- Mr. Joe Christensen who resides at 2885 Egan Avenue is requesting consideration by the City to install approximately 100 to 200 feet of storm sewer lateral main to accommodate storm water drainage in the City park located in Country Home Heights Addition. This park land has a history of short term flooding conditions following a significant amount of rain fall . According to Mr. Christensen, the amount of rain fall required for flooding has been reduced while the amount of water accumulated in the park has increased due to the reconstruction of Egan Avenue and the new Pilot Knob Road construction. The City Council did take action prior to the Pilot Knob Road improvement to install a storm sewer stub on Egan Avenue from the Pilot Knob Road storm sewer system to serve storm sewer lateral construction in the future for Country Home Heights without any disturbance to Egan Avenue. It was explained to Mr. Christensen that if a short amount of lateral storm sewer were installed at this time, a number of residents would receive a par- tial storm sewer lateral assessment and could be assessed a further amount in the future. Mr. Christensen has already agreed to grant the easement for installation of storm sewer across his property which would shorten the . amount of storm sewer pipe installation required for the project. Mr. Christensen was advised by the City Administrator and Consulting Engineer to circulate a petition to his adjoining neighbors and present the same to the City Administra- tor and Director of Public Works prior to the City Council meeting for further evaluation. Mr. Christensen plans to be present to participate in the discussion by the City Council on this item. ACTION TO BE CONSIDERED ON THIS MATTER: ToDnp c.'..jny acceptance of a petition and order a feasibility report. CONTRACT 81-14 B. Contract 81-14, Receive Bids and Award Contract (Wilderness Run Road) -- A bid opening was held at 10: 30 a.m. on Thursday, October 8, 1981, for Contract 81-14. The tabulation of bids re- ceived along with the comparison of the estimated cost reported in the respective feasibility report is provided on the attached bid tabulation sheet found on page The bids have been re- viewed by the Director of Public and Consulting Engineer and found to be acceptable. ACTION TO BE CONSIDERED ON THIS MATTER: To receive the bids for Contract 81-14 and award the contract to the low bidder, Richard Knutson, Inc. , in the amount of $335,967.50. 5'7 OUR FILE N0. 49213 Feasibility Report $401,830 Engineer's Estimate 3831,000 Low Bid 335,967.50 % OVER (+) OR UNDER (-) F.R. - 16.40 WILDERNESS RUN ROAD PROJECT - 345 STREET & STORM SEWER IMPROVEMENTS EAGAN, MINNESOTA CITY CONTRACT 81-14 BID TIME: 10:30 A.M., C.D.S.T. BID DATE:_ Thursday, Oct. 8, 1981 CONTRACTORS TOTAL BASE BID 1. Richard Knutson, Inc. $3351967.50 2. Julian M. Johnson 3480,133.20 3. Fredrickson Excavating Co. 356,510.00 4. Orfei & Sons, Inc. 362,875.65 5. Bituminous Roadways 377,497.90 6. Hardrives, Inc. 3891312.70 7. G. L. Contracting Co. 423,664.00 8. Widmer Bros., Inc. 440,469.50 9. Alexander Construction Co. NO BID 10. Barbarossa & Sons, Inc. NO BID 11. Austin P. Keller Construction NO BID 12. C. S. McCrossan, Inc. NO BID li 13. Northdale Construction Co. NO BID 14. McNamara Vivant Contracting Co. NO BID 15. Erwin Montgomery Construction NO BID 16. B-Tu-Y,4ix Construction NO BID •. ENGINEER'S ESTIMATE-------------- $383,000 sa Agenda Information Memo October 15, 1981 Page Fourteen CONTRACT 81-15 C. Contract 81-15, Receive Bids, Award Contract (Project 344 & 339 Revised) -- The bid opening was held at 10: 30 a.m. on Thursday, October 8, to consider bids for Contract 81-15. Contract 81-15 provides for the installation of a sanitary sewer main under Project 344 for the Winkler/Jackson Addition adjacent to Slater' s Road south of Cliff Road. It also provides for the installation of a temporary lift station and storm sewer force main from LP-57 on the east border of the Beacon Hills Subdivision adjacent to John Brown's property. This storm sewer outlet is a revision to Project 339 which discussed the proposed outlet for the pond located within John Browns ' s property. Because Project 339R does not account for any assessments, there is no feasibility report esti- mate available for comparison. The alternate bid provides for a slide plate and discharge nozzle for the existing pump. It is the recommendation of the Consulting Engineer that the City approve the total bid and that the gate valve be included as a part of the total base bid in lieu of the sheer gate. ACTION TO BE CONSIDERED ON THIS MATTER: To receive bids for Con- tract 81-15 (Project 334 and 339R) and award the contract to North dale Construction in the amount of $127,145. s/Thomas L. Hedges ity mi.ni.strator s' 9 OUR FILE NO. 49235 WINKLER/JACKSON 1ST ADDITION TEMPORARY OUTLET FOR POND LP-57 PROJECTS 339 & 344 CITY CONTRACT 81-15 EAGAN, MINNESOTA BID TIME: 10:30 A.M., C.D.S.T. BID DATE:_Thursday, Oct. 8, 1981 CONTRACTORS TOTAL BASE BID ALT. BID TOTAL BASE WALT. 1. Northdale Construction 126,171.00 + 974.00 $127,145.00 2. Richard Knutson Inc. 130,705.20 +1400.00 132,105.20 3. Barbarossa & Sons 131,811.00 +1300.00 133,111.00 4. Walhunt Construction 134,776.35 + 850.00. 135,626.35 5. Orfei & Sons Inc. 135,281.80 +1248.98 136,530.78 6. Fredrickson Excavating 139,130.00 + 350.00 139,480.00 7. Nodland Associates 158,425.00 - 400.00 158,025.00 8. Austin P. Keller Const. 162,565.00 +1200.00 163,765.00 9. G. L. Contracting 184,344.75 + 600.00 184,944.75 10. Orvedahl Construction 229,535.30 +1400.00 230,935.30 11. H.B.H. Construction NO BID 12. De-Luxe Construction NO BID 13. Erwin Mmtgomery Const. NO BID ENGINEER'S ESTIMATE----------- $132,000 Feasibility Report Engineer's Estimate $132,000 Low Bid 127,145 % OVER (+) OR UNDER (-) F.R. -3.7% *No F.R. for Project 339 60 • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 15, 1981 SUBJECT: INFORMATIONAL Thomas Lake -Storm-Sewer-Appeal Enclosed on pages -6 Z-- through -6-1- is a copy of a _letter prepared by City Attorney—Hauge and dis u sed at the last City Council meeting. This letter, though dated September 25, was given to this office the same day as the last Council meeting and therefore copies were not provided to the Council. Letter- from Representative -Kelly Mayor Blomquist asked that a copy of a recent letter from Repre- sentative Randy Kelly, Chairman of the house Juvenile Justice and Crime Victims Committee, be passed on to the City Council. Letter - from-Tim Trost Enclosed on page is a copy . of a letter sent to the Mayor and City Council , and e Planning Commission from Mr. Tim Trost who resides at 3240 South Lexington Avenue. Action Alert - General Revenue Sharing and Industrial Revenue Bonds Enclosed on pages - 44 - through 6-7- is a copy of an action alert from the League of Mi—nnesota Cine-pertaining to the future of general revenue sharing and industrial revenue bonds . s/Thomas L. Hedges • ity ministrator 61 PAUL A. HAIIGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 9908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 45122 PAUL H. HAUGE AREA CODE 612 BRADLEY SMITH KEVIN W. EIDE TELEPHONE 434-4224 DAVID G. KELLER September 25, 1981 Mr. Thomas L. Hedges City Administrator 3795 Pilot Knob Road Eagan, MN 55122 Re: Thomas Lake Storm Sewer Trunk Appeal Judge Mansur Order of September 22, 1981 Dear Tom: We have reviewed our file for the purpose of presenting to the City Council the options which the Council has for responding to the recent decision of Judge Mansur in this case. First, in reviewing the decision, it is clear that the Judge decided only on the basis the City of Eagan made no finding of special benefit as to the appellant's property only. This is number three of the Court's findings. The Judge did not make any decision as to the validity of the assessment formula, nor did he make any findings that the special bene- fits were exceeded by the assessments. In other words, his decision was a procedural decision, not a decision on the substantive issues. The Judge's memorandum goes on to state that the City made no findings of special benefit, made no findings that the assessment was uniform upon the same class of property, and that the City did not make a finding on whether the special assessments would exceed the special benefits. The Judge's only direction on remand was to require the City to find that the special benefit to each property is equal to or less than the special benefit occasioned by the project. In short, the only thing that the Judge found wrong, was that the City did not specifically find that the special assessments did not exceed the special benefits. Second, it should be noted that while we asked that seven of the appeals be dismissed because the appellants did not answer our interrogatories, the Judge did not make a specific finding dismissing these appeals, even though he did not include them in the list of assessments which were vacated. It may be that we can obtain the .agreement of Mike Gavin and Ken Ketcham to dismiss these seven appeals and give the Judge a call to amend the findings on that basis. If not, it may be worthwhile bringing a motion for amended findings in order to obtain the dismissal of the seven appellants. Third, the three options which the Council has for responding are as follows: 62 j Mr. Hedges September 25, 1981 Page Two a. Reassess the remaining 87 properties only. Upon reassessing these proper- ties, the Council should make specific findings, based upon testimony of the City Engineer and City Public Works Director and other knowledgeable members of the City staff, based upon an inspection of each of the involved parcels and the area, as follows: 1. That each parcel received a special benefit; 2. That the assessment is uniform upon the same class of property; 3. That the assessment for each parcel does not exceed the special benefit, as measured by an increase in market value due to the improvement. b. The City Council could bring a motion for rehearing or for amendment of the Order, in effect asking him to reverse himself. We don't think that this would be successful since the last hearing was, in effect, a motion to rehear or amend his last decision. We do think, however, that we would be allowed to bring a motion to amend the findings to dismiss the seven appeals mentioned above. c. The City Council could appeal the decision to the Supreme Court. It is our opinion that the best option is option "a" to reassess the parcels. It should be noted that a reassessment would not prevent the City Council from levying the same assessment for each parcel at the reassessment hearing, so long as the City Council makes a specific finding based upon sufficient evi- dence that the assessment does not exceed the special benefit. If the Council does relevy the assessments at the same rate or close to the same rate as before, it is probable that a number of the present appellants would not appeal a second time. This would reduce the City's burden in defending itself if any of these assessments are appealed again. Even if some of the appellants do appeal again, the City would be in a stronger position if it makes specific findings as mentioned above, especially if a full hearing allowing cross exami- nation, etc., is allowed at the reassessment hearing. If the hearing is done on such a formal basis and the Court accords each appellant the opportunity to present his own witnesses and cross examine the City's witnesses, then it is more likely, upon an appeal of the assessments, that the Court would accord some deference to the decision of the City Council. At the present, no such deference would be accorded the City's decision. Consequently, if the reassess- ment hearings are conducted in such a formal manner, the City would be in a much stronger position upon trial of the appeal. It is also our feeling that options b and c will not be helpful to the City's position. As noted, it is unlikely that the Judge will change his decision, so a motion for amended findings or rehearing would be fruitless. An appeal would not be helpful either, because the Judge decided only on the procedural issue, and on that issue the City will very likely lose. It should also be noted that on appeal of this matter to the Supreme Court, the issue of the validity of the assessment formula and other substantive issues could not be raised, since the decision is only on cedural grounds. Ve truly y u s, skkPaul H. Hauge and Bradley Smith 63 Randy C. Kelly Minnesota District 66BHous e of Ramsey Countytir + Committees: y� ,r Representatives Criminal Justice � Education - Higher Education-Ranking Member Financial Institutions and Insurance September 30, 1981 The Honorable Bea Blcmguist Mayor, City of Eagan Eagan City Hall P.O. Box 21199 Eagan, Md 55121 Dear Mayor B1cmguist: I would like to express my appreciation to you for your assistance and support for our hearing in Eagan September 28. It was obvious from the attendance and the number of city officials there that you have a ccmmmity which is deeply involved and cooperative with one another on problems that arise. The speaking agenda was very well organized and ocmlpact and because of that things went very smoothly. I am sure that was due in great part to your efforts and those of Mrs. Swenson. The drug paraphernalia issue will definitely be before us next session. I look forward to hearing frean you again when legislation comes before our committee. f �J Sincerely, eai Randy C. Kelly �, �� Chairman House Juvenile Justice and Crime Victims Subocmnittee RK:ld eply to: ❑ 251 State Office Building, St. Paul, Minnesota 55155 (612) 296-4277 t 0 1901 Hyacinth, St. Paul, Minnesota 55119 t October 12, 1981 3240 South Lexington Ave. Eagan, Minnesota 55121 Mayor's Office City of Eagan 3795 Pilot Knob Road Eagan, Minnesota Dear Mayor: Enough is enough! Eagan had the potential of remaining a beautiful city with agriculture and industry combined. Unfortunately, this potential is rapidly disappearing as a result of an overabundance of apartments, condos, and Orrin Thompson garbage spreading across the landscape. (How many two-bit shopping centers are going to be spread around disorganizing Eagan even more?) It may seem like a feather in your hat to be one of the fastest growing cities in the area. I can't help believing youregoing to have growing pains more serious than you realize now, and I don't think they will go away over night. Multiple dwelling areas breed trouble. The more of these areas the more trouble (not to say anything of spoiling the looks of the landscape) . It disturbs me greatly (as well as many others) to see this happening. Progress and change is one thing. We know nothing ever stays the same. But long-term spoilage of this area is another. We all know money talks, but you as our leaders and planners for the future can control how loud and how long it talks. Keep as much farmland as you can and help them afford it. Phasing out agriculture is not a smart move. Keep part of Eagan (not just the park land) original! Sincerely, Tim Trost cc Eagan City Council Eagan Planning Commission G sr .fin ..,u.• . _ 'y ; fit..s. ,, -. ,yF, ffttS ; #§ "' a +moi3� 1 LLLLleague of minnesota cities October 5, 1981 TO: Mayors, Managers and Clerks of Member Cities FROM: Donald Slater, Executive Director; Peggy Flicker, Legislative Counsel ; Cathy Quiggle, Research Assistant RE: General Revenue Sharing Industrial Revenue Bonds I. General Revenue Sharing President Reagan has proposed a 12% cut in the general revenue sharing program, which will amount to a loss of $550 million in fiscal year 1982. If approved, this will mean loss of approximately $4 million to Minnesota Cities. It was also disclosed that further cuts may be requested for fiscal year 1983, leading to possible phase-out of the program entirely by fiscal year 1984. These proposals, if carried out, will obviously have a disastrous effect on cities' budgets. Concerned city officials should contact their senators and representatives to urge continuation of this program at its present funding level. It is important to stress the fact that revenue sharing is a three-year entitlement program, and thus should not be subject to annual funding review within the three-year period. If funding is to be reduced, the legislation governing the revenue sharing program must be changed first. Senator David Durenberger is a member of the Senate Finance Committee which will be involved in reviewing the general revenue sharing program, should the legislation need to be amended. Should the funding be reduced without amending the legislation the support of Representative Martin Olav Sabo, a member of the House Appropria- tions Committee, will be very important. Again, it is crucial that city officials contact their two senators and repre- sentative to oppose any cutback in the general revenue sharing program, em- phasizing especially the entitlement feature of the program. II. Industrial Revenue Bonds Congress has been considering enacting limitations on the use of industrial revenue bonds for some months. The likelihood of major new restrictions was increased recently when President Reagan announced that his administration (OVER) 000 Hanover building, 480 cedar street, saint pawl, minnesota 55101 CS 123 222-28F) r -2- would be proposing IDB restrictions as a federal revenue-raising measure. It is not yet clear what limitations the President will endorse - the specifics are being worked out by the Treasury Department and should be available in several weeks. In any case, widely varying rumors concerning IDB's are flying fast and furious. Some people have said that federal legislation will soon be introduced that would effectively halt any IDB project unless it had been formally approved by a city as of October 1, 1981 (or some other imminent date) . This rumor, and ones like it, have been vigorously discounted by the National League of Cities lobbyist working with this issue. According to NLC, all indications from key Treasury officials are that any restrictions to be imposed will be prospective. The type of "grandfather" and transition provisions that caused problems in the recent legislation restricting mortgage revenue bonds will probably be avoided. Our advice to Minnesota cities now is as follows: 1) No one really knows now what kinds of restrictions will be enacted or when they will take effect. 2) If your city is considering an IDB proposal , you are best advised to proceed as you normally would in evaluating and approving an IDB project. Do not act at the expense of careful decision-making as to whether the project is an appropriate use for tax-exempt financing in your city. If IDB's aren't completely eliminated and there is a rash of hastily conceived projects our position with the State Legislature on this issue will not be improved. 3) If you are concerned about your city's ability to continue to use IDB's, contact your Congressman, Senators, and the President. Provide specific information as to worthwhile projects which would not be possible without IDB's. DAS:PF:CQ:rmm 67