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11/04/1981 - City Council Regular AGENDA ,r EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA ` j:•' CITY HALL • NOVEMBER 4, 1981 (Please note date change due to the City Election on November 3) 6:30 p.m. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - CANVASS OF RETURNS/11-3-81 MUNICIPAL ELECTION IV. 6:45`- DEPARTMENT HEAD BUSINESS Q. 1 A. Fire Department Q•2 C. Park Department Q.� B. Police Department �. 2 D. Public Works Department V. 6:5`5 - CONSENT ITEMS Q,2 A. Temporary Non-Intoxicating Malt. Liquor. License for St. John Neumann Church for November. 21, 1981 Q3 B. Temporary Non-Intoxicating Malt Liquor License and Bingo License for St. John Neumann Church (Knights of Columbus) for November 15, 1981 Q_?j C. Change Order No. 1, Contract 81-4 (Safari at Eagan - Utilities) q D. Project 343, Receive Feasibility Report/Order. Public Hearing Q' (Br.iarhill fourth Addition Streets & Utilities) 4 E. Overhill Farm addition, Conveyance of Excess City Property e� (Dodd Road) • 6 F. Vacation of Utility Easement (Twin View Manor. 2nd Addition) Q' VI. 7:00 - PUBLIC HEARINGS A. Assessment Hearing for Project 301 (Trunk Area Water. - Ches Mar ?.00 East 3rd Addition) B. Assessment Hearing for Project 247 (Alexander Road Streets) VII. OLD BUSINESS VIII. NEW BUSINESS e.q A. South Delaware Hills Planned Development Review Q.1S B. Norman Vogelpohl for a Variance from the Parking Setback Require- ments in a NB (Neighborhood Business District) at 3434 Washington '32. C. Special Permit. Consideration for Home Occupation at 1817 Turquoise Trail 14D. Variance Request for Larry Cudo at 1843 Taconite Trail Public Hearing Request for Industrial REvenue Financing for Diamond Lake, Inc. OF* F. Variance Request for Freeway Sign at Amoco Oil Station located P Nicols Road & Diffley Road • Q�3'G. Lawrence Miller. , Conditional ,Use Permit to Have More than 3 Amusement Devices in a General Business District at 3998 Sibley Memorial Highway w Eagan City Council Agenda November 4, 1981 Page Two • IX. ADDITIONAL ITEMS Ak A. Contract 81-12, Receive Bids/Award Contract (O'Leary Lake Outlet) Q4 6 B. Contract 81-13, Receive Bids/Award Contract (Windcrest & Windtree P' 2nd Addition) Act C. Public Enterprise Funds/1982 Budget Review P. k� D. County Contract 31-05, Supplemental Agreement No. 3 (Country Q' Home Heights Storm Sewer.) X. VISITORS TO BE HEARD (For those persons not on the agenda) XI. ADJOURNMENT • • r. v i' MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE; OCTOBER 30, 1981 SUBJECT: AGENDA INFORMATION After approval, of the October 20, 1981 regular City Council minutes and adoption of the November 4, 1981 City Council agenda, the fol- lowing items are in order for consideration: WOMAN 01119M According to Minnesota Statute 205.14, Subdivision 3, "Within two days after the election, the governing body shall canvass the re- turns and declare the results of the election." ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the returns and declare the results of the 11-3-81 Municipal Election. FIRE-DEPARTMENT' A. Fire Department -- There are no items to be considered for the` Fire Department at this time. POLICE-DEPARTMENT B. Police Department -- Problems have continued to reoccur with the 1979 Oldsmobile 88 diesel police squad car. This police patrol car was purchased and placed on the street February , 1 , 1979 as an experiment to evaluate diesel powered cars for use by the Police Department. When the car had approximately 52,000 miles , the engine was no, longer ;functional and had to be replaced. General Motors Corporation agreed to a 60% participation in replacement of the engine. After replacement of the engine, many problems- reoccurred such as replacement of head gasgets, injectors and other engine complications . At 'approximately 90,000 miles , the engine was again replaced by the General Motors Corporation at 100% replacement . Again, following replacement of the engine, more problems were reoccurring, costing considerable maintenance expense to the City. On October 9, with approximately 1.09,000 miles, the engine has a cracked head, burnt pistons and the - cylinder walls are scoured. The City has paid out approximately $11,000 in maintenance expenses on this automobile since 1979 which does not include participation by General Motors Corporation. Chief of Police DesLauriers has reviewed the options regarding this automobileand they are as follows : AgendaInformation Memo October 30, 1981 Page Two 1. The engine can be repaired at a cost of $1,256 , 2 . Sell the car as it is for approximately $750, 3. Sue the General Motors Corporation for a police patrol package replacement. " In recent discussions with a field representative of the General Motors ' Corporation, Chief of Police DesLauriers was told that diesel cars are not designed for the type of use customary to police work. Chief of Police DesLauriers " and City Administrator Hedges feed that General Motors' should have informed the City at an earlier date that the diesel car was not designed for police package use and therefore should have replaced the vehicle at a much earlier date. Therefore, it is their recommendation that the City Attorney be directed to negotiate replacement of the vehicle withtheGeneral Motors Corporation. ACTION TO BE CONSIDERED ON THIS ITEM': To approve or deny direction to the City Administrator and Chief of Police regarding the replace- ment of the 1979 88 Old diesel police patrol car. 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 under the Public Works Department at this time. There are six (6) items on the agenda referred to as `Consent Items requiring one (l) motion by the City Council . If : there is any item which the City Council wishes to discuss in further detail , that item should be removed from the Consent Item list and placed under Additional Items unless the discussion required is brief. This will allow the Mayor to proceed with Public Hearings as legally noticed at 7 :00 p.m: MALT LIQUOR LICENSE ST. JOHN NEUMANN CHURCH A. Temporary .Non-Intoxicating Malt Liquor License for St. John Neumann Church for November 21, 1981 -- A , non-intoxicating malt liquor license is in order for St. John Neumann parish for November 21 1981. The application was signed by Marilyn Lancette and would `i Agenda Information Memo October 30, 1981 Page Three be issued for the annual St. John Neumann parish dance. The appli- cation has been reviewed and approved ;by the Police Department. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the temporary non-intoxicating malt liquor license for St. John Neumann Church. MALT LIQUOR LICENSE & BINGO LICENSE KNIGHTS OF COLUMBUS B. Temporary Non-Intoxicating Malt Liquor License and Bingo License for St. John Neumann Church (Knights of , Columbus) for November 15, 1981 -- An application for a non-intoxicating malt liquor li- cense as submitted by Art Hendricks on behalf of the Knights of Columbus organization of St. John Neumann Church is in order for consideration. The . license would be issuedfor November 15, 1981 for the Knights of Columbus bingo night. Also received and in order for consideration was an application from the Knights, of Columbus for a one day bingo license, also for November 15, 1981 . The Police Department has reviewed the application and finds the same to be acceptable for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the ,non-intoxica- ti.ng malt liquor license and bingo license for Knights of Columbus . CONTRACT 81--4 C. Change Order No. 1, Contract 81--4 (Safari 'at Eagan Utilities) Because the developerfailedto complete his development grading, it is not feasible to provide for the installation of the planned 8" watermain within the platted easements to provide service to the proposed future shopping center. With all other aspects of the utility project completed, it is now appropriate to, delete this watermain construction from the contract so that it can be closed out and assessed in a timely manner. (Delete $9,359.60) In response to a request from the developer, two additional water service leads were installed to the property line at locations indicated by the developer. (Add $4,641) The combined effect of these two changes results in a net deduct from the contract of $4,718.60. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Change Order No. 1 to Contract 81-4 for a net deduct of $4,718.60. Agenda Information Memo October 30, 1981 Page Four PROJECT 343 D. Project 343, Receive Feasibility Report/Order Public Hearing (Briarhill Fourth Addition Streets & Utilities) -- At the June 16 1981 City Council meeting, a petition was received requesting the preparation of a feasibility report for the installation of streets and utilities in the ' Briarhill' Fourth Addition' adjacent to Silver Bell Road. This report has now been completed and is being presented to the Council for review. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 343 and order the public hearing to beheld on December 1 , 1981. OVERHILL FARM ADDITION. EXCESS CITY PROPERTY E. Overhill Farm Addition, Conveyance' of ' Excess City Property (Dodd Road) -- At the August 4 Council meeting, the Council approved the vacation of the old .alignment of Dodd Road located approximately 1/3 mile north of Cliff Road due to the recently new alignment constructed under Project 241 . Because' of the new alignment of Dodd Road, ,a severed parcel of land was created which was acquired by the City of Eagan. Enclosed on page is a map which shows the location of this severed sliver. During the consideration of the preliminary plat approval for the Overhill Farm Addition, it was the consensus of the Council to transfer this severed parcel of land to thedeveloper of the Overhill Farm Addition with the understanding that it would be incorporated within his final plat and that all assessments associated with this land be then trans- ferred to the new Overhill Farm Addition plat . The City Attorney' s office has 'drawn up the necessary quit claim deed providing for the transfer of, the ownership of this parcel to Overhill Properties, Inc. This quit claim deed requires the signature of the Mayor and City Clerk. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the Mayor and City Clerk to execute the quit claim deed conveying excess City property along Dodd Road to Overhill Properties , Inc. qo m/ 2S, / T 10,Soo 0• I9,So0 N 19,Oo0 N \4,roo \°0� 19,000 N 19,000 N 2c,loo �N 21,200 _h I 40 14e i V—E R O A D i s _ _ f ° , I\_ I Ir 11,300 N IS,SoO n 164 f_ 1(e,LOo f 1(e.3 e0 r Ib,5o0 � Ifs.TS00 f 15,DO f_I \3,1000: r r- ! I f J 95 95 9S 9'S•- 44 ' b m � 18.400 - � ._ p •14.oeo kr! r- �0 113 m Ib,eeo m 16 15 14 I s3 ..-..._.. 193 19, Ao � lei 1 O Boo 7 1'1,400 y - 6 lop � 14.8 al 1 ;.: O•. .-._ 7 .. \ .. 13 � .� 93 34 I IS,$00 93 - ` Q _ 1!.300 13.910 N 10 'y z 40 2 R 7- 9AD IT/ pDs N po ` _ 95 2a.3O 4 5 • " 6 M 19,800 16,boo J .0 21,Zoo J Zs,, 3 I Sc ALC 1•�A. ;• � - � 4r GRZoAQ•AT 10•J O�1G:4-Z i•al I ISCJ 30 X01 191 '� ro : O U AO 14 O _ O BGG_ 7.6.21-Z3 Agenda Information Memo October 30, '1981 Page Five VACATION OF UTILITY EASEMENT - TWIN VIEW MANOR 2ND ADDITION F. Vacation of Utility Easement (Twin View Manor 2nd Addition) - Prior to the platting of Twin View Manor 2nd Addition, Mr. Richard„ Strom has requested the ;vacation of a street easement from the old ` Twin View Manor Addition which was being replatted into the 2nd Addition. While the street vacation was approved and processed, the utility easement^ "remained as a matter of record and has been recorded on the newly recorded Twin View Manor 2nd Addition final plat. Therefore, a second: petition has been submit- ted to° vacate this repain ng utility easement. Enclosed on page is a map. showing the location of the utility easement to e vaca-ted.- ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition requesting the vacation of the utility easement within the Twin View Manor 2nd Addition and schedule a public hearing for said vacation to be held on December 1, 1981 . • TWIN VIEQJV MANOR2 /NORTH LINE OF N.E.1/4 SEC.33,T27,R23 — 728.00 ' _ WEST i 2 _r Q t r L% j pI `5' Ip �... f�. U• i`i li. �.._ Ir i._i 1 1\l.r�✓ M nl I - - 463.00 I WEST ' a S F a C.S.A.H. NO. 32 ( CLIFF ROAD) I` o p17 0 97.05 101.42 2 107.69 -se.os-- 156.84 0 1 TV I I I I I J I j 20 0 LIJ I W •"• m ij 71 Nm .I A: 20 UTILITY C-4 •_. o N EASEMENT z N l i Z O N I r� \_% I w Y. ty qy o`v 0 59 / I 1 z 1 71 � 77* 9,?. �—� Lo r 1 81.56 IO m - 102.00f .sr a 3•°tC'pge m 0 M R�CHq Rp+s p.53 \/ o 10 o +y1A.16 �' In 246.26 M - COuRT ,. .� ft 60.0oDOO 1� 2 27°O.E \ r =--� �� 5 3 I-' WEST 1{IF j ' 22.03 :�. '33.00 �. 5.50 4a eg >8oJ2 G.. A� ° I f m. ' ✓ _ w I I UTILITY ..07q� SSS - w s W EASEMENT W '0 io _ \ 90 ` o .. O N I ^ N I t cy `m W �' P 33 J N Th- ft' N4TVR n Ea. W v UTILITY / i I 0 a e� N I 3 ''/ d EASEMENT / Z pi. d - \N „•, *s 9j - I w a PER DOC.NO.113267 / / I { ma' I I / I I // LL 13h, t 4Og4O i 1r........ 04 s 2Nt 256• \9 E. P —0- rl I >js�>l y °&4, a'A SooMl L_J I i p .L —85.02--J 11-- 85.02 ---� : 89.96 °y0 I `236.57-- —5. BAST--°—'\y• AN'.f�/ Oct /,1/00j� I ( (i I ' 2 Ok f N 8 e I I% 4 X93°F or'°a N°. >36 �� N ”' UTILITYSDG 925�eJ'0o FgSFM r\ `\ I 1 I - BASEMENT Be CT lc` rad < 0 tl: I �:: I of 60\5 0 roI s 4: Do�Ss / �•.0� II � W N ,. ——190.21----N89°31'45" j �0 UTILtTY /, u.. N EASEMENT I I J zoo.ri _ "as•s�'•s'w _ _�� Qa r� PER DOC.NO.113267 10 p\B S9 f 182.19 VF AS. ne 89031'45"E 4__ Agenda Information Memo October 30, 1981 Page Six PROJECT- 301 A. Project 301, Final Assessment Hearing (Trunk Area Water - Ches Mar East 3rd Addition) -- Aresearchrof the City' s files has in- dicated that the trunk area water assessment was inadvertently omitted from the final_ assessment hearing for the installation of utilities to the Ches Mar East 3rd: Addition. Therefore, it was necessary to have a supplemental final assessment- hearing iso that these assessments may be certified to the County yet this year. The developer is aware of this previous omission and has indicated no objection to this assessment at this time. The trunk area assessment rate being levied is in accordance with the feasi- bility-,-report for Project 301. ACTION7, TO BE CONSIDERED ON THIS ITEM: To approve or deny the assessment roll for, trunk area water to Ches Mar East 3rd Addition and authorize the certification .to,'the County for collection. PROJECT 247 B. Project 247, Final Assessment Hearing (Alexander Road) -- On September 15 , 1981,, .the final assessment hearing was held for the above referenced street improvements required by the platting of the R. L. Johnson subdivision located north of Highway 13 by Meadow- view Road. At that final assessment hearing, a formal appeal and notice of objection was submitted due to the substantial increase of cost in this project. After several meetings with the Public Works Director and the City Attorney and the developer, it was felt that certain revisions` as to how the assessments are spread over specific lots would help to . alleviate the objections that were submitted. Due to the revision of the final assessment roll that would be required;, it is the staff' s recommendation that the final assessment' hearing scheduled for November 4 be cancelled and that a future final assessment hearing should be held upon the completion of the revised final assessment roll . This cancella- tion and reschedule is necessary to allow the proper legal notifi- cation _ to the additional property pertaining to the assessments associated with this project. The additional properties to be included are under the same ownership as the R. L. Johnson subdivi- sion but would respread these assessments per their request. ACTION TO BE CONSIDERED ON THIS ITEM`. To cancel the final assess- ment hearing for Project 247 scheduled on November 4 and reschedule it for December 1, 1981. Agenda Information Memo October 30, 1981 Page Seven Ll a MOM a There are no items for discussion under Old Business. SOUTH-DELAWARE-HILLS-PUD A. South Delaware Hills Planned Development Review -- At the last regular meeting of the APC held on October 27 ,' . 1981, "action was taken to recommend approval of the annual review of the South= Dela- ware Hills PUD. Enclosed is a copy of the PD report and 8'k x 11 preliminary plat reductions on pages -/-p through for your review. The . preliminary plat reduci�n are difficuit o read', and if any member of the City Council desires larger drawings , please contact the City Administrator' soffice. ' For action that was taken by the Advisory Planning Commission, refer to a copy of .those minutes found on page ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve the 'annual review of the South Delaware Hills Planned Development. PLANNED DEVIIAPME.'NT RE= NAME OF P.D. : SOU7-I DELAWARE HILLS PLANTED DEVELOP;JIE f U-ZER/DEVELOPER: DICK PARRANTO IO,ATICN: SEE E,\2IIBIT DATE INITIALLY APPROVED: NO SIaT D DEVELOPMETf AGREaENT TERM OF P.D. : DATE REVIE?,7ED: SEPTEMBER 29, 1981 PREPARED BY: DALE C. RUNKLE, CITY PLANNER I. LAND USES Duplex and single family 72 acres Park and Open Space 38 acres TOTAL 110 acres +/- II. ACTIVITIES WHICH HAVE OCCURRED DURING THE PAST YEAR 1. Mr. Parranto has purchased 5.3 acres from Mr. Kutoff to add to the South Delaware Hills Planned Development. 'this area will allow the street to continue to loop around the south of the property. 2. A controlled outlet has been constructed in the pond so the water elevation will be controlled. 3. The applicant has made two requests to the City to revise -the plan- ned development to a higher density. Both requests were denied by the Eagan City Council. 4. The applicant has sold 3 acres of land to the east side of the plan- ned deveiopnent. This will eliminate Chapel Lane cul-de-sac. 11 III. PROPOSED CIMGES Presently, there are no proposed changes in the planned den;elopment. 4 IV. PLANNED DEVELOPMENT AGREE= At the present time, no planned development agreement has been prepared for the South Delaware Hills Planned Development. It is staff's under- standing that one is being worked on at the present ti*w_- and should be signed shortly. V. PROBL=.IS AND CONCERNS IDENTIFIED The only problem with the planned develops rant is that there is no plan- ned developraent agreement signed at this time. The applicant shall be required to complete the planned development agreEient prior to the 1982. i Preliminary - Plat ' �y Of SOUTH DELAWARE FYy HILLS I ' �.���•� /'V'!•li/�`�\\\\�p �„ �� -\�/. ����". �tl� (�Il Z_ //�c?`i.-.• f�\\L„_9t I\•S:�\ a i�` y t .: :! 3=—• r\ / (� 1i \l�ll �fLE f, i li "�. °1 tf x\` .��@Goo cn. Q, � rt s� 11a/II;M11 c� a\�{� � ��� G71 �� ���✓�-•�j � .. ���11; 'U��` � �Rr� � �� f�,� ��� a r � . 1\\' ..✓ /'I•� - h l r / ;\ 1 1� �C Y ,rte, �C •v' way- JX- \ -�n ia✓j. ,�/1 �/ .$, a �a �� •\\ '� � .. \� � � y}��b,`4F�{1 i- `+.�,t +��� L �S�, ,�i 4��\�, \�\��\ \ `�l' �.� �/`, 1 �_ T^y\`\� t \ �/LrNr^ti �• KIstP` ��; 1,\�^ •;\t�o \� ���'-- � � a� ��\' `�:'��\ -�\\q`?''V�� .�-\�•.. � )gin � �.. .fit;: s�A :AVAV� � o../� is;'. ��� � ` �� t � 1 �FrC �° ����,�t' )•� Q� 1v ; s. r* --'�c� \�,t1 i�I •)•/ ,.d��`mop: :v ��tr�-f''-�fi:IAI u�i it �� a O �YI r�.��114k tis �P� �� ``"�?'� � \.•,(..1`•�. t Lttl",I IP .r.. vx �. ft. ".� tel, E �U 4/1l l rte_- 11 ra s 3. lot ����� �`�\\�,� � �,I�I"; � III r i`•='.. �� �' ' ', _ J4-'.mac /_•'l�'i1 f� � ~` �� ��.*1_ �- l ("� �f ,s.' � If 1 l�r\�/'� `\�/�� !� �� \. \ - I✓,\\ fir.x�.\''�..1'� MKIU ( I rT' r PIT {x r< 1 4 � / �X 41 ) ��-�, ,• ice/ f `yi,i,t �+� � � i''•r�/� ( �,�,1� L" r / _ Z p t til •� ^,J \. ` " '1n* ti , �`-s a 'tU y'S. 1 I v 0 1 M L (1 to •j� � .�-- � t t 1 y_ �OL �•.•., Y ' AUDITaR'S- �.' ''''•'''.'' Wy .fit n{.:.,., U '• ...... . . . ... . . . . r• / OS :ti• .1i •f• K: • C!) aw a: 1- Lij •�. T MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION • EAGAN, MINNESOTA OCTOBER 27, 1981 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, October 27, 1981 at 7:00 p.m. at the Eagan City Hall. Present were Chairman Harrision and APC Members Hall, Wilkins, Turnham, Vogt and Krob. Also present were City Planner Runkle, Public Works Director Colbert, City Engineer Rosene and City Attorney Hauge. Dale Vogt became the new alternate Planning Commission member. AGENDA Upon motion by Harrison, seconded Krob, it was resolved that the Agenda be approved with the exception that the Burnet Realty application for condi- tional use permit for pylon business sign be continued until the next regular meeting. All voted yes. MINUTES Upon motion by Wilkins seconded Krob, it was resolved that the Minutes of the September 29, 1981 Joint Meeting of the City Council concerning Planned Unit Developments be approved. All voted yes. Hall then moved, Wilkins seconded the motion to approve the Minutes of September 22, 1981 Regular meeting, with the exception that on page 3 regarding the Lone Oak Heights Addition application, in the last paragraph, that they refer either to condominiums or townhouses. All voted in favor. SOUTH DELAWARE HILLS PLANNED DEVELOPMENT The Chairman announced that the request for annual approval of the plan- ned development for South Delaware Hills would first be considered. Mr. Richard Parranto appeared on behalf of the applicant and it was noted that the 5.3 acre parcel had been purchased from Gopher Smelting Company, a controlled outlet has been constructed so that the water elevation would be controlled, the applicant has made two requests that the City redevide the planned devel- opment and each request was denied by the City Council. Further, the appli- cant sold 3 acres of land on the east side of the planned development, which would eliminate Chapel Lane cul de sac. There are no proposed changes in the planned development. Mr. Parranto stated that he has signed the Planned Development Agreement and it has been forwarded to the First National Bank for approval. There was concern about the fact that the Planned Development Agreement has not as yet been signed, although the first draft was submitted in 1980. A number of neighboring property owners appeared at the meeting. Mr. Parranto further stated there was no intention of asking for any change without an understanding from the neighbors and approval of the City. Hall moved, Turnham seconded the motion to recommend approval of the annual review and in the event that the Planned Development Agreement was not signed and submitted by the next annual review, that the Planning Commission would then consider revoking the planned development. All voted yea. • 1�- Agenda Information Memo October 30, 1981, Page Eight NORMAN•VOGELPOHL PARKING•SETBACK-REQUIREMENTS B. Norman Vogelpohl for a Variance from the Parking Setback Re- quirements in a NB District -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on October 27, 1981, to consider an application by Norm Vogel- pohl for a variance of five feet from the twenty foot parking set- back requirement along a public street. The Advisory Planning. Commission is recommending approval of the variance from the parking setback only in regard . that it would be extremely expensive for Mr. Vogelpohl to conform to the twenty foot setback requirement . For additional information on this item refer to the City Planner' s report, a copy is enclosed on pages through 'gyp . Correspon- dence attached to the Planner' s report pertaining toter. Vogelpohl ' s reluctance to comply with these requirements well documents the City' s efforts in notifications pertaining to this requested variance. According to the Director of Public Works, in order to require compliance, it would require extensive reconstruction of the existing parking facility at- an estimated expense of approxi- mately $4,000. It would also require a revision to the existing parking lot layout in order to conform to drivingaisle and parking stall dimensions required. Mr. Vogelpohl still disclaims his responsibilities pertaining to damage of a fire hydrant which occur- red during the construction activity for his facility. The City has incurred approximately $600 of cost to repair this hydrant. Due to the fact that Mr. Vogelpohl was sufficiently informed in advance of the requirements pertaining to proper parking, lot set- backs , his non-compliance despite notices by the City concerns the City staff pertaining to future construction by this developer and other developers . For action that was taken by the APC, please refer to a copy of those minutes enclosed on page ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve the parking setback variance as requested by Mr. Vogelpohl. 1 �" TO: JOSEPH HARRISON, CHAIRPERSON AND THE ADVISORY PLANNING COPT11ISSION FIM: DALE C. FUNnE, CITY PLANNER DATE: OCTOBER 21, 1981 RE: ADDITIONAL INFORMTION ON THE VARIANCE REOUEST BY NORPIAN VOOELPOHL At the September 22, 1981 Advisory planning Comnission Meeting, the Ad- visory Planning Commission recommended to table the variance recxuest for 30 days in order for staff to meet with Mr. Vogelpohl and go through a site plan as to what things have been completed and what things have not been completed. At the time Mr. Vogelpchl appeared at the September 22, 1981 Advisory Planning Commission Meeting, there were a number of con- cerns regarding items which had not been completed on the overall site plan. Since the last meeting, staff has met with Mr. 17ogelpohl and discussed a number of items staff had questions about. Mr. Vogelpohl has now con- structed all the curb islands which have been required by City staff, and the lighting is also in place in the parking lot. The applicant has completed the concrete curbing on all portions of the parking lot except the triangular area in which Mr. Vogelpohl is trying to purchase addi- tional land from Super America. Staff will not recmire curbing in this location at this time in case Mr. Vogelpohl is able to acquire the addi- tional land to expand his parking area. In reviewing the landscape plan, Pir. Vogelpohl has completed all of the recxuirements as originally submitted in August of 1980. Mr. Vogelpohl has also indicated that he will be planting 22 seedless ash with a 2�-," diameter around the perimeter of his lot. This is over and above the landscane reauirement for this parcel. The landscaping will be complete- ly on the property owned by Y[r. Vogelpohl and not in the road right-of- way. Staff has discussed the 22 trees which Mr. Vogelpohl has ordered from Sioux Trail Nursery and will be planted within the near future. The areas to be sodded around the perimeter of the parking area have also been completed at this time. In reviewing the overall site plan, it appears that Mr. Vogelpohl has completed all of the items that have been requested by the City staff. The only item under consideration for October 27, 1981 is the variance request which Mr. Vogelpohl originally submitted an application. All items have been corrected except the variance from the 20' green area along Washington Drive. The variance request submitted by Mr. Vogel- pohl was for 5' . In review of this variance request, staff has deter- mined that the variance would be for at least 8.6, so the variance ap- plication should be amended to include the 8.6vs. the 5' . Since Mr. Vogelpohl has completed all of the other conditions and recommendations by staff, it is the Advisory Planning Commission and Council to decide whetter the 8.6'variance should be granted or require Pir. Vogelpohl to fulfill the required 20' green area between property line and narking lot. If anyone has any cruestions regarding the site plan of the restaurant, please feel free to contact me at the Eagan City Hall. DCR/Jam f�j CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: NORMAN VOGELPOHL LOCATION: LOT 1, BLOCK 1, BICENTENNIAL 3RD ADDITION EXISTING ZONING: COMMERCIAL UNDER THE BICENTENNIAL PLANNED DEVELOPMENT DATE OF PUBLIC HEARING: AUGUST 25, 1981 DATE OF REPORT: AUGUST 19, 1981 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED AN APPLICATION HAS BEEN SUBMITTED REQUESTING A VARIANCE OF 5' FROM THE 20' PARKING SETBACK REQUIREMENT ALONG A PUBLIC STREET. COMMENTS THE ORIGINAL SITE PLAN FOR THE RESTAURANT LOCATED ON LOT 1, BLOCK 2, BICEN- TENNIAL 3RD ADDITION WAS APPROVED IN FEBRUARY, 1979. AT THAT TIME, THE STAFF HAD A NUMBER OF CONCERNS REGARDING THE SITE PLAN AS IT WAS SUBMITTED. THE STAFF HAD RECOMMENDED THAT CERTAIN CHANGES BE DONE TO COME INTO CONFORMANCE WITH THE CITY ORDINANCES. MR. VOGELPOHL REVISED THE SITE PLANS IN ACCORDANCE WITH STAFF'S RECOMMENDA- TIONS. HOWEVER, THE REVISED SITE PLANS DO NOT CONFORM TO THE ACTUAL CONSTRUC- TION WHICH HAS BEEN COMPLETED ON THE SITE. STAFF HAS SENT MR. VOGELPOHL LETTERS DURING THE CONSTRUCTION PERIOD THAT MR. VOGELPCH L WAS NOT FOLLOWING THE SITE PLAN,AND CHANGES SHOULD BE MADE TO MAKE THE CONSTRUCTION CONFORM TO THE SITE PLAN, OR THE APPLICANT WOULD HAVE TO APPLY FOR THE VARIANCES NECESSARY. TWO LETTERS HAVE BEEN ATTACHED FOR YOUR REVIErJ DOCUMENTING STAFF HAS INFORMED THE APPLICANT THAT HE WAS NOT FOLLOW- ING THE SITE PLAN WHICH WAS APPROVED BY THE CITY OF EAGAN. THE APPLICANT HAS MADE AN ATTEMPT TO CORRECT MANY OF THE PROBLEMS AND INSTALL ALL OF THE NECESSARY ITEMS THE STAFF HAS REQUESTED SUCH AS THE CURB ISLANDS, THE HANDICAPPED SIDEWALK RAMP,& A SIDE4ALK ALCNG WASHINGTON DRIVE. HOWEVER, THE ONLY ITEM THE APPLICANT CANNOT CONFCRM 'WITH IS THE 20' SETBACK REQUIRE- MENT ALONG WASHINGTON DRIVE. THE CONCRETE CURBING AND PARKING AREA HAS BEEN INSTALLED, AND THERE IS ONLY A 15' SETBACK FROM THE PROPERTY LINE, OR 20' FROM WASHINGTON DRIVE. THEREFORE, THE APPLICANT WILL REQUIRE A 5' SETBACK VARIANCE FROM THE PROPERTY LINE ALCiNG WASHINGTON DRIVE. IF APPROVED, THE APPLICANT SHOULD BE SUBJECT TO THE FOLLOWING CONDITIONS: I? l CITY OF EAGAN NORMAN VOGELPOHL AUGUST 25, 1981 PAGE TWO 1. THE APPLICANT WILL INSTALL THE CONCRETE SIDEWALK ALONG WASHINGTON DRIVE AND THE CURB ISLANDS AS SPECIFIED BY THE CITY ENGINEER PRIOR TO RECEIVING AN OCCUPANCY PERMIT. 2. MINNESOTA DEPARTMENT OF TRANSPORTATION HAS DETERMINED THE APPROXIMATE LOCATION OF THE RIGHT-OF-WAY FOR I-35E. THE CITY FEELS THIS ALIGNMENT IS ADEQUATE FOR THE APPLICANT TO FINISH THE PARKING LOT ON THE EAST SIDE OF THE LOT. THE APPLICANT SHALL COMPLETE THE SURFACING AND CURBING PRIOR TO OBTAINING THE OCCUPANCY PERMIT FOR THE RESTAURANT. DCR/JAC � 0 I is e I • � �.� � I -i �.- =LC~-- -- � _ - - .e - I ' i IT 4'M—A y �9 - CITY Cr EAGAN -- SUa=: PLAN APPROVAL - - PETITICNER: FEDERAL LADED CCMPANY - VERNON COIGN LOCATION: LCT 1, BLOCK 2, BICE2zr--A1IAL 3RD ADDITION E}CISTI:,U ZCNINM: CCMMERICAL UNDER PLA'Z: D DEVELC?AaYr DATE CF PUBLIC HEARING: FEBRUARY 27, 1979 DATE CF REPORT: FEBRUARY 21, 1979 REPORTED BY: DAIS C. £UNK E Petition Filed Site plan approval and building permit for a new restaurant facility. 1. A conditional use permit had been approved by the City Council for , on-sale liquor contingent upon approval of a detailed site plan. 2. The proposed facility wouldseat approxbnately 225 people and the building would contain approximately 5,700 square feet. 3. The proposed facility would coves approximately 7% of the lot. 4. According to Ordinance 52, for a restaurant with 225 persons seating capacity, the required parking spaces is 75. The proposed site plan irk-'icates that there are 117 parking spaces which is far in excess of the minim= parking requirements. All parking spaces shown have a 10' x 20' parking area. If approved, the site plan should be subject to the following conditions: 1. That the parking area should have a bituminous surface .pith concrete curbing surrounding the perimeter of the parking area. 2. According to Ordinance 52.06, Subdivision 17a, states there shall be a 20 foot wide landscaped area abutting any public right-of-way, which in this case is 81st Street. It is rimed that the petitioner add an additional 10 feet of green area which abutts 81st Street. 3. A lighting plan should be approved by the City Staff. 4. A $1,000 landscape bond should be required on the proposed development. 5. The development agreer�nt for Bicentennial 3rd Addition has not been carpleted. This agnea-gent should be completed prior to the issuances of a building permit. ao or..l't9.__�s.�-�.5►.�..(� � r�a+^_ r .,.-- _. . a • Fe j M10 TO: FLAIlNING COMMISSION DALE C. RUNRZE, CITY PIt'1Iq= ' FROM: Inial .S A. COL3ERT, DLRD=R CF PUBLIC �aORRS � DATE: FEBRUARY 21, 1979 SUBJECT: PRELr4INMY PIAT - FEDERAL LAND COMPANY CVERNON CCLCN) Engineering Division of the Public Works Depart-e, t has the following calr1ents to enter into consideration for the above referenced preliminary plat and site plan. UTILITIESS _ Sanitary sewer and water laterals to service this plat are available on Washington Drive of sufficient depths and capacity to handle this proposed facility. STREETIS Streets to service this proposed facility are provided by the existing improved Washington Drive and 81st Street. MAIN= Drainage is being handled by surface methods through the parking lot onto 81st Street and Washington Drive. Storm sewer is available on Washington Drive to handle this proposed runoff. A revision to the Plan dated 1/16/79 will have to be submitted providing for positive drainage from the easterly most edge of the parking lot. It is anticipated this will be received prior to the Planning Ccmmissicn meeting. EASE•B.VIS/R.O.W. Sufficient right-of-way has been dedicated for both 81st Street and Washington Drive. It is recamkaxded that a 10 foot drainage and utility easement be dedicated adjacent to all property lines. If any other questions should arise, I will be available to answer than at the Planning Commission meeting of February 27, 1979. Respectful submitted, Jhcr*tias A. colbest, P.E. Director of Public Works VC:tlp .r7aai+��E.r..•-�....�.�cr+,r.�.-.w yr,-Cn.......r;•.•..... _ .-. � ..r -_ -.� ... � .`. - - .7 �5v * :<' v Now m yi msf o _ e V. rn CD mWW �I / 1- IRI, � � 1 -i �•_�j�- y-4�'Ali +""'•-"-:_ t . - i i T o ,vim �1�• . : � �+T - - 3 75 IF � SAL 1.I.t'�J.COf A''f!L"!Y _ ^�� TO: THE ADVISORY PLANNING CONJP'IISSION, C/O DALE C. RUNKLE, CITY PLANNER FROM: THOS A. COLBERT, DIREC`T'OR OF PUBLIC VIORKS DATE: SEPTEMBER 17, 1981 RE: VARIANCE REQUEST, LOT 1, BLOCK 2, BICEN'I 11AL 3P.D ADDITION (NOR IAN VM OHL) I would like to forward the attached correspondence to the Planning Commission's attention during consideration of the variance request for the above-referenced parcel. It should also be referenced that while Mr. Vogelpohl is requesting a 5' variance from the 20' parking lot setback requirement, the actual setback provided has been measured in the field to be 11.4' which would require a vari- ance in the amount of 8.61 . An onsite inspection has also revealed that while Mr. Vogelpohl has performed sodding in this boulevard area, he has not estab- lished any landscaping as required by City Council due to the elimination of the two internal concrete islands closest to 81st Street. In addition, no landscap- ing has been noticed in the existing internal parking lot medians as referenced on the initial landscaping plan submitted in April of 1980. Attention should be brought to the 'letter of January 9, 1981 from Kevin Eide to Mr. Vogelpohl indi- cating that a revised landscaping plan should be submitted if he intended to pur- sue the setback variance request procedure. As of this date, no such plan has been submitted for staff review. Even though Mr. Vogelpohl has been informed several times in writing of the nec- essary requirements to proceed with this development, his compliance with City requirement has been less than satisfactory. Therefore, staff is concerned that if further approvals are given to this site without these past requirements being adhered to, that it will be difficult to insure their compliance once this facili- ty is allowed to open for business. In summary, the following are the items that staff feels needs to be resolved before any formal further approval is given per- taining to the development of this particular site: 1. Detailed landscaping plan must be submitted and approved by staff showing extensive landscaping along all boulevard areas and within the existing parking lot medians. 2. Concrete curbing be completed around the entire perimeter of the parking area with the exception of those areas to be expanded for future parking as reviewed and approved by staff. 3. Reimbursement be made to the City for all costs incurred to repair the fire hydrants damaged during the constriction of this facility. I will be available to discuss in detail the concerns that the staff has with final completion of this facility in relation to consideration of the requested variance. Respectf ly submitted, T. A. Colbert, P.E. Director of Public T,,forks Z� TAC/jac THOMAS HEDGES BEA BLOMOUIST MAIOH THOMASELAN CITY OF EAGAN ALICE BOLLEPKE MARK PARRANTO CIT, C�tHK JAMES A SMITH THEODORE WACHTER 3795 PILOT KNOB ROAD COUNCIL MEMBERS EAGAN. MINNESOTA 55122 PHONE 454.8100 August 28, 1980 1,1r. Norm Vogelpohl 2616 40th Ave. S. Mpls, lba. 55406 Re: Lot 1, Block 2, Bicentennial 3rd Addition (3434 'Nashington Avenin Dear ?s. Vogelpohl: This letter is a summary of our meeting that was held in my office on Thursday, August 28, regarding the grading, drainage and site plan layout for your proposed res- taurant 3n the above described lot in the City of Eagan. The City's concerns dealt with the location of the proposed internal catch basins, the grading and surface drain- age of your parking lot run-off, the required set-backs of -your parking lot from pro- perty lines, and parking lot entrance drive located in the northwest corner of this site. These issues were resolved in the following manner: - CATCH BASIN LOCATION It was mutually agreed that the catch basin would be relocated to be constructed with- in the westerly curb and Gutter line of your parking lot in the northwest corner. This will remove the catch basin from a driving lane and will provide for a free opening for miscellaneous debris, newspapers, etc. The recommended type of casting is Neenah R-32-:^ This catch basin will then be tied in to the City's storm sewer system located within PJashin-ton Drive. PAPKING LOT SET-BACKS It was mutually agreed that you would construct your -parkin^ lot to Provide for 20 foot boulevards between your parking lot and the Property line on your west and north edges of the parking lot. GRADING AND DRAINAGE You indicated that the gradinE; as it exists on this date will be revised to provide for approximately 900 of the parking lot surface drainage being directed to the internally installed catch basin. It is understood that additional grading will have to be per- formed to provide for this revised approved drainage and grading plan. PARKING LOT LAYOUT It is understood that parking lot dimensions as drawn by H. H. Johnson dated 4-10-00, are incorrect and will be revised to provide for a 20 foot driving aisle behind the building, proper 20 foot boulevards, 25 foot driving aisles and 20 foot parking stall lengths. All proposed parking stall medians/is lands will have to be concrete curb as detailed on all dans submitted to date. In addition, the rerimeter of the parking lot .rill also have to have cc-crate curbing installed. 'I-7 PAGE TWO ENTR%NCE DRIVES It was mutually: agreed to redu=e the opening width of the proposed driveway entrance located in the northwest corner of the parking lot to provide for a 14 foot wide "entrance only" drivewa;. access. Proper signs will have to installed in 'he parking lot indicating "No Exit" and/or "Entrance Only". This is designed to eliminate any potential traffic conflicts with the intersection of Washington Drive and 81st Street. While all the above-referenced items have been verbally agreed upon between myself and you during our meeting, it is still necessary to have these items referenced and noted on a revised site plan and submitted to the City for final review and approval. This letter, in and of itself, does not constitute said approval. This approval will be issued upon receipt of a properly revised site plan indicating the said corrections so noted above. Again I remind you, that any . rk perfcrmed prior to this formal ao- proval by the City will be at your own risk. I appreciated the time you took to come in and discuss the situation and the items of concern with me in helping to get these matters resolved. The City is just as ccncerred as you are to insure thai a proper development occurs which will help to provide for a sound business establishment in this community. Your anticipated cooperation and prompt response in getting the final site plan a rc-.ed will be greatly ap-preciated by the City. - Sincerely, Thomas A. Colbert, P.E. Director of Public !"forks TAC/j a c cc - Erad Swenson, Engineering Aide VDale Peterson, Building Official PAUL FI. HAUGE & ASSOCIATES, P. A. ATTORNEYS AT LAW 3008 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 45122 PAUL H. HAUGE BRADLEY SMITH AR[A CODE 812 KEVIN W. EIDE January 9, 1981 TELErnomE 444.4224 DAVID G. KELLER Mr. Norman Vogelpohl 2616 40th Avenue South Minneapolis, MN 55406 Re: Vogelpohl Restaurant Dear Mr. Vogelpohl: Since our meeting several days ago, I have further discussed the City's objections with Mr. Tom Colbert with the following results: 1. It appears that you have reached previous agreement with the City of Eagan -regarding the access to the property along 61st Street. My understanding of this agreement is that access and exit may be made through the drive located furthest from Washington Drive and the driveway area closest to Washington Drive will be limited to entrance only and this will be indicated by sign and the width will be narrowed. This should alleviate all of your concerns regarding the ability of customers to locate and get to your restaurant. 2. The Eagan City Council has already permitted the removal of the two concrete islands closest to 81st Street. You have also installed one island at this time. The City Council has required you to install the remaining five islands including the landscaping trees indicated on the original site plan. Because this was a Council decision, staff may not deviate from it in allowing the relo- cation of the trees. You should also be aware that the City Council required the relocation of the trees from the islands that are to be removed to the boulevard along Washington Drive. I believe you indicated that you could put t in the additional five islands and the only difference of opinion was in regard to the location of the trees. 3. You have indicated that you will construct handicap ramps along the concrete sidewalk abutting Washington Drive. Mr. Colbert has apparently discussed with you the fact that this change requires the removal of the existing curb and the replacement of the proper curb for this type of ramp. 4. The only remaining objection that I am aware of is the width of the boulevard along Washington Drive. Apparently, Mr. Colbert has already indicated to you that you might petition the City for a variance from the required boulevard. a� • � I Mr. Vogelpohl • . January 9, 1981 Page Two Mr. Colbert has indicated that he will not oppose the variance if it appears _ that the widening of this boulevard at this time would require the narrowing of the driving lanes or shortening of the parking places. A revised site plan would be necessary to determine this. If this is not the case, Mr. Colbert may choose to oppose the variance, however, it is possible that the City will still grant your request due to the hardship involved with reconstructing the boulevard. If a variance is granted, Mr. Colbert has indicated that he will request additional landscaping along Washington Drive. The reason for this is that, because the boulevard separating Washington Drive and your parking area is to be narrowed, additional landscaping should be included to screen the parking lot. A revised site plan showing additional landscaping would not only satisfy this request by the staff but would also go a long way in obtaining the variance from the City Council. The final decision regarding the variance is, of course, up to the Eagan City Council. As a general statement, the City must be able to expect that developers will follow the site plans which are submitted at the time that the development is approved. If a change of conditions requires a change in the site plan, the change must be approved by the City Council. I`m sure the restaurant which you have constructed would be a great asset to the City of Eagan and the City would -like to be as fair as possible to you. I hope this letter identifies for you the particular problems which still exist and also a means by which they can be handled. Very truly yours, evin W. Eide skk cc: Richard Chrysler ��Tom Colbert SEABLOMOUIST THOMASHEDGES MAYOR CITY ADMINISTRATOR CITY OF EAGAN EUGENEOVERBEKE THOMAS EGAN CITYTYCLERK MARK PARRANTO JAMES A.SMITH THEODORE WACHTER 3795 PILOT KNOB ROAD COUNCIL MEMBERS EAGAN. MINNESOTA 35122 PHONE 454-8100 April 29, 1981 NORM VOG=HL 2616 40TH AVE S MPLS MN 55406 "• Re: Lot 1, Block 2, Bicentennial 3rd Addition - Site Plan Ccupletion Dear Mr. Vogelpohl: _ It is my understanding that when your building permit and site plan were processed through the City of Eagan, the right-of-way limits were not yet determined accu- rately for the location of the right-of-way necessary for I-35E and County Road 31 (Pilot Knob Road) . Subsequently, the east and north line of your parking lot ex- tension towards Pilot Knob Road does not have permanent concrete curb and gutter installed. We feel that the right-of-way limits that are available are sufficient in detail and accuracy to allow you to canplete the installation of concrete curb and gutter around the perimeter of your parking lot. Keep in mind that all ordinance set- backs frau property lines are still required in the ca:pletion of this parking lot. All items discussed in previous correspondence pertaining to requirements to be met prior to occupancy are referenced again in this letter to your attention. If you have any questions pertaining to final requirements of the Public Works Depart- ment prior to final occupancy, please feel free to contact me. Sincerely, /cmas A. Colbert, P.E. Director of Public Works TAC/jac cc - Kevin Eide, c/o Paul Hauge, City Attorney Dale Peterson, Chief Building Official THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. GB RB GOIS - •- - �/ - > >^- � -� ''. Ind, - Cu i - pLn.Nr�E •RI . ..... -Ind • :/' Ind LB Ind. • R�' •� P ^S ` SF GB C RW -- — - R1 • R&D RN 74 R l p - R-III •f r / - Ind. 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I • I� K- ' 1 CITY R- 1 .J R -2 A, -7 ~I I PF PA 77-2 i 1 r�1 A �� � A -, i�l D 1 R K�y trt-�� 2 ,A D 'L J. / / R -i E A SKOR14Eci _ R - Jm 36 m PF R - 1 0 z -� APC Minutes October 27, 1981 VOGELPOHL VARIANCE - YANKEE SQUARE RESTAURANT The continued public hearing regarding the application of Norman Vogelpohl for variance of 5 feet from the 20 foot parking set back requirement along public street for Lot 1, Block 1, Bicentennial 3rd Addition was then convened. Mr. Vogelpohl was present and Mr. Colbert stated that only the variance is required but an 8.6 foot variance would be necessary to comply with the ordinance. All the concerns of the City have now been complied with, but the Planning Commission members clearly stated that no further violations of this nature would be condoned by the Planning Commission or Council. Mr. Vogelpohl explained the changes that have been made to comply with City ordi- nances and stated no progress had been made in acquiring land from Super America station. There were concerns about the precedent that would be set by allowing variances to be granted where the developer does not comply with the ordinance. After discussion, Harrison moved, Hall seconded the motion to reluctantly recommend approval of the variance, based upon the hardship that the cost would be excessive in revising the curbing; further that the curbing adjacent to Super America land be installed by the time of the determination of whether Mr. Vogelpohl will be able to acquire the land from Super America. Mr. Vogelpohl stated that he expects to install the perimeter curbing by July of 1982. All voted in favor. AMCON DEVELOPMENT The hearing on the application of Amcon Development Corporation for preliminary plat approval for rezoning from Agricultural to PD (Planned Development) to allow two office buildings and hotel complex located at the southwest intersection of proposed I-494 and Pilot Knob Road was next con- vened. Mr. Patrick Gannon appeared for the applicant and Mr. Harrison stated that it was expected the application would be continued for at least 30 days to allow representatives of MAC, MnDOT and the Metropolitan Council to be present to express their views concerning the proposed variance or revision to the ordinance to provide for a six story office building on the location. Mr. Gannon stated the first office building would be completed by the time of the opening of I-494, possibly in late 1982. Mr. Krob reviewed some of the technical issues and stated there was need for review and comment by some of the affected agencies. A letter from City Attorney Paul Hauge regarding the development was reviewed regarding the regulations concerning flight patterns over the site from the Metropolitan Airport runway, indicating the City ap- peared to have primary control over the height of buildings and restrictions in the runway patterns. Some Commission members indicated they had no objec- tion to the height proposed, but would recommend further study and review by the City Council. Harrison moved, Krob seconded the motion to continue the application until the next regular meeting and request the staff to contact representatives of MnDOT, MAC and Metropolitan Council and the City Council for further review and comment with the agencies requested to be pressent at the next meeting to discuss the issues. All voted in favor except Hall, who abstained. 2 Agenda Information Memo October 30, 1981 Page Nine i SPECIAL 'PERMIT 1817 TURQUOISE TRAIL C. Special Permit Consideration for Home Occupation at 1817 Tur- quoise Trail -- A garage permit was recently granted to George Percell located at 1817 Turquoise Trail by the Inspection Department. A next door neighbor residing at 1821 Turquoise Trail , Ruby Hiltner, expressed objection to the building permit. She was concerned that the new driveway access which is located immediately adjacent to her property and is designed to travel between the two (2) homes to the new garage facility proposed for the rear yard of Percell ' s property could affect her property. She has expressed concern that her bedroom window is only five (5) feet from the proposed driveway and further , that drainage might, impact her window wells causing water damage to her residence. - The City Attorney' s office and Building Inspector's office have reviewed her concerns in respect to the building permit and have found the building permit to be acceptable for issuance to Mr. Percell . Mr. Percell does operate a steam carpet cleaning and sewer cleaning business from his residence and Mrs . Hiltner is concerned that the additional garage storage will be used to house his business operation. Mr. Percell has informed the City that his present garage will be ex- panded into a family room and that the new garage is to be used only for storage of his personal vehicle. " Since there are vans parked on the street and due to Mrs . Hiltner' s concern about the continuance of a home occupation in a single family residence, she has asked that the zoning ordinance be enforced which would not provide for this type of business operation in a residential zoning classification. According to the City Planner, this business use is not an acceptal, use within a residentially zoned classifica- tion as a permitted use, or a conditional use; therefore, a special permit by the City Council is the proper procedure. Mrs.- Hiltner has asked for time on the City Council agenda to address this matter. A special permit application has not been presented to the City by Mr. Percell . ACTION TO BE CONSIDERED ON THIS ITEM: To provide stuff direction as to whether- a special permit application should be received and processed from Mr. George Percell , which would require a study by the City Planner. Special Note: Mr. George Percell has been notified that this item is on the City Council agenda. Enclosed is a' copy_of the letter submitted to the City by Mrs . Hiltner on page -?► ' R.O - -tC4 _ _�� .�� _ ��-�-- :✓.�C--17�� �--...� ..��.-fes.. Ali — �. -z aV .,t-GiTrLt Ot e2 i rp�..�j✓ /zc��-+-zrzrt� __ �/yt.F�6'-C�'=�.._. s v�(" !'tom G�-''Z'►C�-t.��•.i/ �f'���-�c� `� �..-.-C. R�� �Z, z..._i .�CrC-.�G.�✓ _ GL�tiC� n�-f F} - 4 SSE Agenda Information Memo October 30, 198 Page Ten VARIANCE REQUEST -•LARRY CUDO ' D. Variance Request for Larry Cudo; at 1.843 Taconite Trail - Mr. Larry Cudo is requesting a variance of ten feet from the thirty foot setback requirement to construct a ten foot by approximately nine foot entry way on his home.; Because the construction season is drawing to a close, Mr. Cuda `presented a petition to his neigh- bors asking that they support the request for variance change which avoids the necessity of proceedingbefore the Advisory Planning Commission. For additional information on the variance request please refer to information prepared by the City Planner found on pages through . ACTION `TO BE CONSIDERED ON THIS ITEM: To approve or deny the vari- ance request for Mr. Larry Cudo as' presented. i TO: THOMAS L. HESS, CITY ADMINISTRATOR FIRM: DALE C. RUN=, CITY PLA ER DATE: OCTOBER 28, 1981 RE: VARIANCE REOUEST FOR MR. LARRY CUDO FOR LCT 14, BLnCK 1, CEDAR GROVE #7 r/[r. Cudo has met with City staff and is recruesting to build an entry way addition which would be attached to the existing house. The entry way proposed would be 10' by approximately 91 , or a total of 90 scnuare feet. This addition would not exceed the 20% lot coverage for this particular lot. In reviewing the past cases, the last variance that the City pro- cessed was an application by Mr. Oliver Open, who also recruested to-con- struct an entry way to an existing house. This entry way was 5' x 9' , or would intrude half the distance into the setback than what is being pro- posed by Mr. Cudo. One of the questions staff and Council will have to address is haw far the City is going to allow entry ways to intrude into the 30' setback requirement. Presently, as shown b_y the site plan, the front entry is 44' from the curb, or right at the 30' setback for the house. This 10' addition would cut this setback to 20' . Again, if staff would process this variance in the normal process, it would appear on the November 24 Advisory Planning Commission agenda and then final determination would be made at the December 15 City Council meeting. In looking at the December 15 date, it is very unlikely this addition, or entry wav, could vet be constructed this year. This is why staff has reviewed the variance request and has re(Tuested that the City Council review the variance in order that construction can be done vet this building season. Mr. Cudo has subaitted the list of property owners surrounding Lot 14, Block 1, Cedar Grove #7. This list has been enclosed for your review. City staff will also notify the surrounding property a,7- ners that the City Council may hear this variance request on November 4, and if thev have any cents or concerns, that they can either attend the meeting or contact City staff. It is staff's understanding that the surrounding property owners are not objecting to this variance request for this entry way addition. If this variance is approved, it should be subject to the following conditions: 1. All other City ordinances shall be cormlied with. 2. The Council may want to reduce the 10' variance to a shorter dis- tance. If anyone has any questions regarding this variance request, please feel free to contact me at the Eagan City Hall. 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E " 4r AR-4 r < -,U3 N R 4 • r � � � R _ 4PF R-4 R-4 ' `f 41 \ Agenda Information Memo October 30, 1981' ' Page Eleven IR-FINANCING•--DIAMOND,LAKE, - INC. E. Public Hearing Request for , Industrial Revenue Financing for Diamond Lake, Inc. - Diamond Lake, Inc. , is proposing to Tease approximately 30,000 square feet with the possibility of an addi- tional 10,000 square foot expansion 'for, a super market as a "part of the proposed Pilot Knob Shopping Center. Diamond Lake, Inc. , is requesting industrial revenue financing in the amount of $750,000 for the acquisition of 'equipment and fixtures to be used in con- junction with their retail market. Bonds would be in the form of a single note which would be privately placed with the Richfield Bank and Trust Company. Apparently, the single note would have a mortgage duration of seven years which is the same length of time that would be used for depreciation by the owners of the shop- ping center. This 'industrial revenue financing application is different in the sensethat normally fixtures and equipment have been a part of the original application submitted by the prospective owner and developer of the shopping center, office building or for 'whatever purpose the industrial revenue financing was granted; however, this is an acceptable issue for the issuance of industrial revenue financing under the definition of industrial revenue financing. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a public hearing to consider the application for 12-1-81. FREEWAY-SIGN-VARIANCE.,-.AMOCO-OIL F. Variance Request for Freeway Sign at Amoco Oil Station located at Nicols Road & Diffley Road -- The City Planter --►.as received a request for a variance from Mr. Tom Gegax, owner' of the Amoco Oil Station located at Nicols Road and Diffley Road. The need for the variance is to allow drivers on the new Cedar Avenue Freeway time to see the new freeway sign proposed for their location as they make an exit off of Cedar Avenue. Apparently, LeRoy Signs, Inc. , has sighted the location driving both northbound and south- bound on Cedar Avenue and feels the sign would require a minimum of fifty feet in height to be seen as the driver on the Cedar Avenue Freeway passes .the off ramps to County Road 30. The City Adminis- trator has asked that the applicant provide sight elevations for City Council review to determine whether a variance is necessary for the freeway sign, being proposed by .Amoco Oil. The sight eleva- tions will be enclosed in the Administrative Packet on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the ,vari- ance request for Amoco Oil Station at the intersection of Nicols and Diffley Roads . --77777 Agenda Information Memo October 30, 1981 Page Twelve + R ` CONTRACT- 81-12- A. Contract 81-12, Receive Bids/Award Contract (O'Leary, lake Out- let) -- At 10:30 a.m. on Thursday, October 29, the official bid opening for the above referenced contract resulted in the bid tabu- lation format enclosed on page The alternate bid provides for an add,/deduct for the delay ot this storm sewer =work until the spring/summer of 1982. The low base bid was submitted by Par- rott Construction Company in the amount of $46,875.60 with an alter'- nate bid indicating it would be $1,000 less if this construction activity were delayed until the spring of 1982. Because the existing elevation of O'Leary Lake is only 0.5 above the DNB' s recommended controlled elevation, and taking into consideration the savings of $1 ,000 to delay the completion date until May 29, the staff is recommending that consideration be given to accepting the alternate bid. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for contract 81-12 (O'Leary Lake Outlet ) and award the contract to Parrott Construction Company for the alternate bid in the amount of $45,875.60. f 44 • • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS • FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 3, 1981 SUBJECT: ADDITIONAL ITEM FOR NOVEMBER 43, 1981 CITY COUNCIL AGENDA NEW-BUSINESS G. Lawrence Miller, Conditional Use Permit to Have More than 3 Amusement Devices in a General Business District at 3998 Sibley Memorial Highway (A & W Restaurant) -- It was brought to the attention of the City Administrator that Mr. Lawrence Miller' s application for a conditional use permit to consider three amusement devices in a general business district located at 3998 Sibley Memorial Hwy. was scheduled for the November 4, 1981 City Council agenda by the City Planner and applicant . A public hearing was held to consider this conditional use permit at the last APC meeting on October 27 , 1981 . There were no persons , as legally noticed present for the public hearing and the APC is recommending approval to the City Council . The owner of the A & W and the potential leasee, Mr. Lawrence Miller, would like to proceed with the new business as soon as possible and therefore , • if possible, would like consideration by the City Council at the meeting Wednesday, November 4, 1981 . This item has therefore been placed on a revised agenda and listed as item G. under New Business . Please refer to pages 43-•C through 43-H for a copy of the City Planner' s report and re e-r to page � or action that was taken by the APC. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to grant the conditional use permit for three or more amusement devices . • CITY OF EAGAN SUBJECT: CONDITIONAL, USE PEPMIT APPLICANT: LAWRENCE MILLER LOCATION: PART OF THE NV-4 OF SECTION 19, 3998 SIBLEY ME 1DRIAL HIGEMY EXISTING ZONING: UB (GENERAL BUSINESS) DATE OF PUBLIC HEARING: OCTOBER 27, 1981 DATE OF REPORT: OCTOBER 21, 1981 REPORTED BY: DAVE OSBERG, PLANNING INTERN APPLICATION SUBMITTED An application has been submitted requesting a conditional use permit in order to have more than 3 amusement devices in a General Business District located at 3998 Sibley Memorial Highway. • COPT'S The proposed location of the amusement devices is an A & W Restaurant awned by Pair. Gary Lowe. The applicant has met with Mr. Lace and the two have reached an agreement for use of the amusement devices in the A & W Restaurant. Mr. Tawe has proposed converting a portion of the restaurant so the amusement de- vices may be used in the restaurant, while food will continue to be served. Pair. Lowe has discussed with staff the decreased amount of business he has ex- perienced because of the relocation of Highway 13. Mr. Tawe stated that he has lost at least 40% of his business since the relocation of Highway 13. Mr. Lowe feels the placement of amusement devices in his restaurant will help im- prove his business enough so it will not become necessary to close the restau- rant. Attached to this report, the Planning Ccm. nission will find a letter sub- mitted to staff by Mr. Lowe and Mr. Miller outlining the proposed use of the property. It must be noted that the planned operating hours on Fridays and Saturdays will exceed the 10:00 P.M. time limit by two hours as the owner would like to remain open until 12:00 midnight on those nights. A similar application was submitted to the Planning Cormission at the Septem- ber 22nd meeting and the Ccnnission approved the conditional use permit appli- cation for amusement devices in the Silver Bell Shonping Center. This same application was approved by the Citv Council at the October 20 meeting. If approved, the conditional use permit should be subject to the following con- ditions: 1. Fulfilling all the requirements of Ordinance 73, Amusement Devices. DO/jach 43�� • PROPOSED USE OF PROPERTY The proposed use of the property is to enter into a five-year lease agreement with C?erald Houston and Gary Lca,7e for the use of this property as a family_ restaurant and amusement center to include the operation of amusement gams and a limited food service menu. An adult supervisor will be on duty at all times during opera- ting hours. The planned operating hours would be 12:00 Noon to 10:00 P.M. , five days per week (Sunday through Thursday) and 12:00 Noon to 12:00 Midnight two days per week (Friday and Saturday) . A no-smoking rule i.,7ill be enforced in the amusement area. All amusement devices will be operated by the use of tokens to elim- inate any possible vandalism to the machines. The tokens will be dispensed through the use of a dollar bill changer. No cash awards or prizes will be given. . The existing premises located at 3998 Sibley Memorial Highway will be utilized with the exception of minor remodeling changes. • "� ... 1 Mti.uiA ttlJ ti= TZlnd tv 6 5 suN a ire LA4EE E. � _R l E PRIII Ind.- _`moo J •' L c//i. RII FII 7 R-IV _ - Ir ... - RN R&D' , R-iiV LB ~ • \ �, RI a OP �� Ind. t . -,; P ✓ NBMRIII _ — i LB_�. LB;; R-II R II R-III } GED4R \ v CSC P NWStRIAL`PARNV R-II GOLF -- URI a RIII RIII T� : . R-I sYR I - E R-II p , I,, ljil � R.iil f ,' CITY II - li_ -R-I--- R- R I. •P HALL Ind. B R R-I , P -II HS GB R-IV � R - GB ` 1� •y��.: ,, P R-III P IR 11 LEG E P oCr i c N �,//i ��N ,:, ..._ R-III �J p! �, R I % R-III RB •r �s a au'j ', -� R-III R. i V CSC; „R, I R-III " R-III - ! N :s l:tri'. ti= QF��', P �P E !1s `i D Ccs E� v R-11 R4 P IIi R-II R-II P R- R-11 R I P - RI NB •. ` R w LB R-III Lg L� R I ' 3 CSC a I P y I• `` z - IR-1 Lfe LB 'G ' RB LB fj P R-I 4z _ cr E L R-I R-! ---- 0 0 GOLF R .. ® J R-II D R-II R-II s 33 a a—;= f 4v t I R-1 R-II P,. �� _ R-11 R-1► - (� P �- J P APPLE VALLEY � � ,ROS: 43 - G, • eIL. A R-4 A LIIL LI . • R -1 G LI R-4 L I % GA ME 0 ' L ( i� SILL � HCROq, U ADD LB 2 ' \1 V. "J 7 L t: ; L I 9 ;' / CSC R—4 PK R-4 Llt OAR L r-- 4 G . . r�. CE AptTk G B GB a EEN �� � R - 4 i — PF T, UL JUNIOQ nIB , PF PF -) i N B >, ti HIGH CO � .-T B - 2 SCHOOL o P� ` { • T /)/� Y TT R-3C x aprF_ U MA RI {� R-4 R-4 • LAWRENCE MILLER - CONDITIONAL USE PERMIT - A & W RESTAURANT The public hearing regarding the application of Lawrence Miller and Gary Lowe for conditional use permit to allow more than three amusement devices in a general business district located at 3998 Sibley Memorial Highway at the A & W restaurant was next convened. Mr. Miller and Mr. Lowe were present and stated that the reason for the application is that the restaurant has lost 40% - of its business due to the revision of access in the Cedarvale Shopping area. The proposal is for a familiy restaurant with adult supervision, no smoking in the amusement area and further, that it was intended that there be more than 15 amusement devices. There were questions concerning the curfew time and the applicants indicated they would conform with the City ordinances in that respect except to permit the restaurant to remain open until 12:00 p.m. on Friday and Saturday evenings. After discussion, Hall moved, Wilkins seconded the motion to recommend approval of the application, subject to all applic- able ordinances except that the establishment would be allowed to stay open until 12:00 p.m. on Friday and Saturday nights, further, that the Council grant approval for a period of 5 years, subject to annual review with the . Council authorized to revoke the license in the event that there are viola- tions of any applicable ordinances. All voted in favor except Krob who voted no. 3 • 4-3 -1 OUR FILE NO. 49209 O'LEARY LAKE OUTLET CITY CONTRACT NO. 81-12 PROJECT NO. 322 EAGAN, MINNESOTA BID TIME: 10:30 A.M. , C.S.T. BID DATE: Thursday, Oct. 29, 1981 CONTRACTORS TOTAL BASE BID ALTERNATE BID 1. Parrott Construction Co. $46,875.60 -1,000.00 2. Julian M. Johnson 49,395.00 -3,000.00 3. Richard Knutson, Inc. 51,310.00 - 10.00 4. Orfei & Sons, Inc. 52,210.16 +1,650.00 5. Barbarossa & Sons, Inc. 60,320.00 -Y -0- 6. Sandmark Construction, Inc. 66,402.50 +2,000.00 - ----------------------- ENGINEER'S ESTIMATE------ $47,900 O'LEARY LAKE OUTLET PROJECT #322 Feasibility Report (F.R.) $47,830.00 Engineer's Estimate 47,990.00 La-7 Bid 46,875.60 % over(+) or under (-) F.R. 2.0% (-) 6973a 45 Agenda Information Memo October 30, 1981 Page Thirteen CONTRACT-81-13 B. Contract 81-13, Receive BidsfAward Contract (Windcrest & Wind- tree 2nd Additions) -- At 10:30 a.m. on 'October 29 , the bid opening for the above referenced contract resulted in the bid tabulation enclosed on page - Because the bids are well within the cost estimated in the easi.bility report for these subdivisions , it is the staff' s recommendation that the contract be awarded to the low bidder. ACTION' TO BE COLISIDERED ON THIS ITEM: To receive the bids for Contract 81-13 (Windtree and W .ndcrest 2nd Additions ) and award the contract to the low bidder, Erickson Construction Company, in the amount of $186,609. OUR FILE NO. 49233 WINDCREST 2ND ADDITION & WINDTREE 2ND ADDITION UTILITIES, GRADING & GRAVEL BASE PROJECTS 340 & 341 CITY CONTRACT NO. 81-13 EAGAN, MINNESOTA BID TIME: 10:30 A.M. , C.S.T. BID DATE:Thursday, Oct. 29, 1981 CONTRACTORS TOTAL BASE BID 1. Erickson Construction Co. $186,609.00 2. Orfei & Sons, Inc. 191,901.17 3. Fredrickson F,xcavating Co. , Inc. 195,206.50 4. Mueller Pipeliners;'Tnc. 195,455.40 5. Richard Knutson, Inc. 197,839.30 6. Burschville Construction Co. 198,285.20 7. H.B.H. Construction Co. 198,829.50 8. Sandmark Construction Inc. 203,872.30 9. Barbarossa & Sons, Inc. 206,788.00 10. Parrott Construction Co. 213,308.00 11. Julian M. Johnson 216,369.00 12. Nodlarnd Assdciates, Inc. 222,402.00 13. Northdale Construction Co. 222,772.50 14. Austin P. Keller Construction 222,92.6.00 15. Crossings, Inc. 226,191.00 16. Axel Newman Heating & Plbg. Co. 231,688.50 17. Arcon Construction Co. NO BID ENGINEER'S ESTIMATE------------ $215,000 WINDTREE PROTECT #341A WINDCREST PROTECT #`340A Feasibility Report (F.R.) $133,870 Feasibility Report (F.R.) $107,490 Engineer's Estimate 116,945 Engineer's Estixnate 98,570 Low Bid 104,097 Law Bid 82,512 % over(+) or under(-)F.R. 22.2%(-) % over(+) or underHP.R. 23.20(-) 6972a qpq Agenda Information Memo 4ctober '30, 1981 Page Fourteen 1981: BUDGET.-.PUBLIC•ENTERPRISE-FUND C. Public Enterprise Funds/1982 Budget Review -- The City Adminis- trator will present the budget worksheets and support information concerning the proposed 1982 sewer and water budget with the addi- tional information distribut0a on Monday. The City Administrator will also address anticipated Federal Revenue Sharing Funds for 1982 so there can be discussion: as to the use for the proposed hearing on November17, 1981 at the next regular' City Council meeting,. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the common table or modify and approve° -thte 1982 Public Enterprise budget as presented by the City Administrator. COUNTY-CONTRACT - 31-05 D, Cou my Contract 31-05, Supplemental Agreement No. 3 (Country, Home Heights Storm Sewer) -- At the Council meeting of October 20, Mr. Joe Christensen submitted a petition requesting the exten- sion of a storm sewer lateral from Pilot Knob Road to pick up the drainage near the park property within the Country Home Heights Addition. A map of the area referencinng the .petitioners is attached for your information on pages - .- through - j''(Dt Although this work can be added to the County Contract by sup e ental agreement, firm prices have not yet been made ` available pertaining to this construction work. However, the Engineers Estimate amounts to an improvement cost of $15,200 for 'this extension, which will handle the majority of the drainage from the Country Home Heights area that presently collects on the Sow- point of Eagan Avenue near the park. Also referenced on the location map are those lots that presently contribute drainage to this low point and that would be included in the assessment for this cost. These lots are all presently included in the assessment roll for trunk storm sewer assessments associated with the improvement of Pilot Knob Road. If this lateral extension were installed., , they would receive an additional + $350 assessment per lot over and above the existing $495 pending assessment for trunk area, storm sewer associated_ with the Pilot Knob project. If the Council feels that another formal hearing should be held whereby notification is sent to all the referenced property owners within the drainage basin benefited by this lateral extension, this storm sewer 'extension will not be able to be completed under the County contract due to time frames involved with the hearing process combined with the short con- struction season remaining this year.. 4 ACTION TO BE CONSIDERED ON, THIS`. ITEM: To ,approve or deny Supple- mental Agreement No. 3 to County_: Contract No. 31-05 for the exten- sion of, storm sewer laterals from Pilot Knob Rgad to Country Home Heights. Park. s/Thomas L. Hedges City A ministrator PETITION The undersigned hereby petition the Eagan City Council to authorize the construction of approximately 100 ' to 200 ' of storm sewer lateral to effectively drain city park land located in the Country Home Heights Addition. NATE AND DATE ADDRESS (� COU0 1111jt� �-- l 10LI Zli c9l&Z L6 j k9 cw c�2 c�#-7' r ccU Wq Irk°l Y1� i i C�Lt-rs p- 49 S .... ... .. AVALON AVENUE T— • �i. .{`b�' opo� / an�� 4o.f. 1• o.o f p � ... .. .i .. 1 x W � 4 9 � J I 1 i ' . w • a z \ i — lo ta 14 :'•�•• v 3 Benefited Drainage Area I - 0 Petitioners _ ' ; \\ V) � 14 _ 17 LANE e & I !+ 3 12 ci �•:e et -ono) CO. STATE AID