01/06/1987 - City Council RegularAGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
CITY HAIL
JANUARY 6, 1987
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES
III. 6:40 - DEPARTMENT READ BUSINESS
A. Fire Department
1. Fire Training Center
2. Fire Station Update
B. Public Works Department
P.� 1. Project 455, Consider Easement Acquisition Award (Deerwood
Drive - McCarthy Parcel)
p 2. Project 466, Pilot Knob Road, Design Considerations
IV. 6:55 - CONSENT AGENDA
A. Personnel Items
P,/3 B. Sale of Surplus Property/Police Patrol Vehicles
C. Wine/Beer License for Broadway Pizza (Formerly Slicers Pizza at
Cedar Cliff Shopping Center)
F-17 D. Project 488, Receive Report/Order Public Hearing (Blackhawk Road)
F-17 17 E. Project 492, Receive Report/Order Public Hearing (Lone Oak 2nd
1 Addition)
V. 7:00 - PUBLIC HEARINGS
VI. OLD BUSINESS
p1/ A. Discussion Regarding Future Roadway Improvements for Lexington Way
x.7-3 B. Claim from Developers Construction, Inc., related to Project 452
(Burow Pond/Cedar Cliff Commercial Park 2nd Addition)
P•249, C. Conditional Use Permit (ABF Freight System) for a Pylon Sign for a
Trucking Company on Lots 3-6, Plainview Addition Located south of
Hwy #55, Abutting Lexington Avenue on the West, W 1/2 of Sec 2
VII. NEW BUSINESS
p 35 A. Variance Allowing a .5 Foot Rear Setback for Northwestern Bell
/ Building at Lexington & Diffley Roads, SE 1/4 of Sec 23
p.31 B. Variance Allowing a 13 Foot Rear Setback for a Northwestern Bell
Utility Building at 1975 Diff ley Road, East of Rahn Road, SW 1/4 of
,,//�� Sec 20.
�.`� C. Conditional Use Permit (Maurice Fung) to Serve 3.2 Beer/Wine/
the Hunan Garden Restaurant in Town Centre 70 Shopping Center
D. Preliminary Plat (Town Centre 70 7th Addition) and Conditional Use
Permit to Allow a Drive Thru and Pylon Sign for a,:Kentucky Fried
Chicken Restaurant Adjacent to the Taco Bell Restaurant
53 E. Wine/Beer License for Hunan Gardens/Town Centre Shopping Center
Off -Sale Beer License for Walgreen Drug/Town Centre Shopping Center
VIII.
ADDITIONAL ITEMS
A. Consideration of Ordinance Amendment to Chapter 11 Relative to
"Accessory Apartments/Housing"
Q B. Consideration for 1987 Cost of Living Adjustment
�0 ( C. Public Improvement Contracts
1. Contract 86-5, Final Payment/Acceptance (Windtree 5th and 6th
Additions)
Ig. VISITORS TO BE HEARD (for those persons not on the agenda)
X. ADJOURNMENT
MEMO T0: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: DECEMBER 30, 1986
SUBJECT: AGENDA INFORMATION
After approval is given to the January 6; 1937: agenda and regular
City Council meeting minu''es for -the December 16, 1986, meeting,
and special minutes from the joint Planning Commission/City
Council meeting of December 9, 1986, the following items are
in order for consideration:
A. FIRE DEPARTMENT
Item 1. Fire Training Center --At the direction of the City
Council, the City Administrator renegotiated several points
that were in question regarding the Fire, Training. Facility/point
Powers Agreement with the city of Burnsville. Please refer
to correspondence that summarizes issues that were raised and
addressed by the City Council at a meeting in November. The
Director of Finance has reviewed the agreement and raised some
questions regarding liability insurance with the City's insurance
agent, Mr. Bruce Medvec. The City Attorney's office has reviewed
the revised agreement and finds the document to be acceptable.
To dace the City Council has given approval to the Fire Training
Facility in concept and it is now necessary to adopt the joint
powers agreement, a copy is enclosed on pages through
` for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny adoption
of the joint powers agreement with the City of Burnsville for
a fire training facility in that city.
tea"
3830 PILOT KNOB ROAD, P.O. BOX 21199
BEA BLOMQUIST
EAGAN. MINNESOTA 55121
Mayor
PHONE: (612) 454-8100
THOMAS EGAN
JAMES A. SMITH
VAC ELLISON
THEODORE WACHTER
Council Members
November 24, 1986
THOMAS HEDGES
City Administrator
EUGENE VAN OVERBEKE
City Clerk
LINDA BARTON, CITY MANAGER
CITY OF BURNSVILLE
1313 E HWY 13
BURNSVILLE, MN 55337
Re: Proposed Fire Training Facility
Dear Linda:
In official action that was taken by the Eagan City Council at a
regular meeting held on Tuesday, November 18, 1986, the unanimous
approval was given in concept to the City of Eagan's
participation in the construction of a fire training facility to
be located in the City of Burnsville. It is our understanding
that the capital investment for the joint fire training facility
will not exceed $30,000 per community.
The City of Eagan's concept approval is our expression and
intention to proceed with the project, pending a final approval
of the Joint Power Agreement. After the City Council reviewed
the most recent Joint Power Agreement, there were a number of
questions raised such as: 1) the establishment of certain dates,
2) assurance of membership rental time, and further that all
membership cities must be notified by the City of Burnsville if
consideration is given to rent or lease the facility to another
governmental entity, and 3) Section 12 of the agreement
addressing term should be expanded to allow the City of Eagan and
other member cities the right to terminate the agreement under
the same terms and conditions as provided in that section of the
proposed agreement.
Our fire administration and City Council are both excited about
the ability to share in the construction of this training
facility. It is commendable that the City of Burnsville has
initiated this cooperative effort that will provide a cost
savings to each participating city while enhancing our fire
training.
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
LINDA BARTON
NOVEMBER 24, 1986
PAGE TWO
Our City Attorney will review the Joint Power Agreement and make
some suggested changes, as I have identified, and submit the same
to you for further consideration.
Sincerely,
Thomas L. Hedges
City Administrator
TLH/mc
cc: Brian Holzer, Fire Chief, City of Burnsville
Ken Southorn, Fire Chief, City of Eagan
Paul Hauge, City Attorney
JOINT POWER AGREEMENT
FIRE TRAINING FACILITIES
AGREEMENT made by the CITY OF BURNSVILLE ("Burnsville"),
the CITY OF LAKEVILLE ("Lakeville"), the CITY OF EAGAN ("Eagan"),
and the CITY OF APPLE VALLEY ("Apple Valley"), all Minnesota municipal
corporations in Dakota County, Minnesota. This Agreement is entered
into pursuant; to the authorization of the "Joint Powers Act" Minnesota
Statutes § 471.59.
NOW THEREFORE, the undersigned governmental units, in the
( joint and mutual exercise of their powers, agree as follows:
1. GENERAL PURPOSE. The purpose of this Agreement is to
jointly provide fire training facilities for the use of member cities
and others.
2. FIRE TRAINING FACILITY. The fire training facility shall
consist of a burn building and a training tower ("facilities") as
described in plans and specifications to be approved by the Chief's
Board and prepared by Windsor Faricy Architects, Inc. The facility
shall be located on Lot 4, Block 3, River Ridge'Addition and also
P
Lot 2, Block 2, River Ridge 3rd Addition, Dakota County, Minnesota.
3. CONSTRUCTION. Burnsville shall construct the facilities
in accordance with the approved plans and specifications. Burnsville
shall use its best effort to have the facilities constructed and
ready for use by December 1, 1987.
4. OWNERSHIP. Burnsville shall be the sole owner of the
facilities subject to the use by the other parties to this Agreement
in accordance with the germs of this Agreement.
5. USER FEE. Lakeville, Eagan, and Apple Valley shall each
pay Burnsville $30,000.00 for the use of the facilities. Payment
7
412/04/85(BM.3)
shall be made in two equal installments. The first installment is
due on or before May 1, 1987 and the second installment is due upon
certification by Burnsville that the facilities are complete and
ready for use.
6. OPERATING COSTS. Cost of heat, utilities, cleaning,
routine maintenance, including glass replacement, shall be paid for
by Burnsville.
7. MAJOR REPAIR AND REPLACEMENT. If approved in advance
by the Chief's Board, the costs of necessary repairs and replacements
in excess of $1,000.00 per item shall be paid for by the member cities
in a ratio determined by the most recent Metropolitan Council population
estimate.
8. LIABILITY INSURANCE. If Burnsville's liability insurance
premium is increased as a result of the ownership and operation of
the fire training facility, each party shall pay 25% of the added
cost.
9. FACILITY USE. Each member city shall be entitled to
equal use of the facilities subject to advance scheduling under the
written rules established by the Chief's Board.
10. USE BY OTHERS. Burnsville may rent the facilities to
third parties at such times as the facilities are not scheduled to
be used by member cities. Any rent collected shall be kept by Burnsville.
11. CHIEF'S BOARD. The Chief's Board shall consist of the
Fire Chiefs of the member cities. It shall be their responsibility
to operate the facility and schedule its use by member cities and
others. The Chief's Board shall establish rules for the operation
and use of the fire training facilities. The Board shall act by majority
vote. In the event of a tie vote, the tie shall be broken by a flip
of the coin.
-2-
12. INDEMNIFICATION. Each member city shall fully indemnify
the other member cities against all loss, damage, liability claims,
suits, judgments, costs and expenses by reason of loss of or damage
to property and injury to or death of persons caused by acts or omis-
sions of the member city, its officers, agents, or employees, arising
from or growing out of, directly or indirectly, wholly or partly,
its construction, maintenance, operation or use of the facility.
13. TERM. This Agreement shall be null and void unless all
the parties have signed and approved the Agreement by February 1,
1987. All parties need not sign the same copy. This Agreement shall
terminate on January 1, 2018. Burnsville may, however, prematurely
terminate the.Agreement at an earlier date by giving the member cities
six months written advance notice and promptly refunding to each
City 3.34/ of the user fee paid by that city times the number of
years this Agreement is prematurely terminated. Any other city may
also withdraw from this agreement by giving the other member cities
six months advance written notice. Burnsville shall, within three
f years after a city voluntarily withdraws, refund to such withdrawing
city 3.34% of the user fee paid by that city times the number of
Years this agreement is prematurely terminated.
IN WITNESS WHEREOF, the undersigned have caused this Agreement
to be executed by their respective duly authorized officers by authority
of their respective governing bodies.
CITY OF BURNSVILLE CITY OF LAKEVILLE
BY:
BY:
Mayor Mayor
BY: BY: _
Clerk Cler
Dated: Dated:
6
-14-
CITY OF EAGAN
BY:
Mayor
BY: _
Clerk
Dated:
CITY OF APPLE VALLEY
BY:
Mayor
BY:
Clerk
Dated:
VA
-4-
Agenda Information Memo
January 6, 1987, City Council Meeting
Page Two
A. FIRE DEPARTMENT (continued)
Item 2. Fire Station Update --The City Administrator and Fire
Chief will provide a brief update on the status of the architec-
tural selection for Fire Station #4 and land acquisitions for Fire
Stations #4 and #5.
B. PUBLIC WORKS DEPARTMENT
Item 1. Project 455, Consider Easement Acquisition Award --The
City has received the official report of the Commissioners appointed
by District Court to determine the amount of damages associated
with the right-of-way and easement acquisition from the McCarthy
parcel, necessary for the construction of Deerwood Drive west
of Pilot Knob Road. The Commissioners' final award determination
was $8,782. This compares to the City's appraised value of $7,375
and the property owner's appraisal of $10,500. Our City Attorney's
office is recommending that the City accept the Commissioners'
award and authorize the payment accordingly.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Commissioners'
condemnation award for easement acquisition for Project 455
(Deerwood Drive - McCarthy Parcel).
Item 2. Project 466, Pilot Knob Road Design Considerations --On
December 16, the City Council formally approved the upgrading
of Pilot Knob Road with the City and County staff to resolve
several of the final design consideration issues that were
identified through the public informational meeting and public
hearing process. After discussion, both staff personnel would
like the Council's input regarding the following two issues:
Diffley Road and Malmo Place Intersection Relocation --Due to
Diffley Road being raised 8 feet through the intersection of
existing Malmo Place, that existing intersection will have to
be closed. The plans that were presented at both hearings indicated
the intersection being relocated 500 feet east to line up with
North Malmo Lane and Blueberry Lane. This would require the
acquisition of an existing duplex and result in a less than
standard setback for the remaining duplex to the east.
The County would like to know if it is necessary to maintain
any access from the Wilderness Run Addition onto Diffley Road
in light of the street relocation requirements.
Agenda Information Memo
January 6, 1987, City Council Meeting
Page Three
Public Works, Item 2. (continued)
Hilltop Plaza Frontage Road Design --An additional 75 feet of
public right-of-way was acquired from the Beautiful Savior
Lutheran Church to provide for a frontage road access from Berry
Ridge Road to the Hilltop Plaza Shopping Center when Pilot Knob
Road was upgraded. The existing entrance will be restricted
to a right in/right out entrance due to the construction of a
raised median required for the channelization of Pilot Knob Road
intersection with Diffley Road. The issue regarding this design
is whether the frontage road should be restricted to one-way
traffic southbound or be designed to accommodate two-way traffic.
Enclosed on pages through are graphics that the
Director of Public Works will refer to in further explaining
the concerns regarding these issues.
ACTION TO BE CONSIDERED ON THIS ITEM: To provide direction to
staff regarding final design considerations for Project 466,
Pilot Knob Road.
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Agenda Information Memo
January 6, 1987, City Council Meeting
Page Four
There are five ( 5 ) items on the agenda referred to as Consent
Items requiring one (1) motion by the City Council. If the City
Council wishes to discuss any of the items in further detail,
those items should be removed from the Consent Agenda and placed
under Additional Items unless the discussion requiring is brief.
PERSONNEL ITEMS
A. Personnel Items --There are three (3) items Df Personnel business
to be considered at this time.
Item 1. Planning Aide --Approximately 36 applications were received
for the vacant position of Planning Aide in the Planning Depart-
ment. After screening, seven applicants were interviewed by City
Planner Runkle and Administrative Assistant Duffy. It is their
recommendation that Marilyn Wucherpfennig be hired to fill this
vacant position.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of
Marilyn Wucherpfennig as a Planning Aide in the Planning Depart-
ment, such appointment to be effective January 2, 1987.
Item 2. Receptionist - Clerk/Typist--Because Marilyn Wucherpfennig
is currently the receptionist - clerk/typist for the City of
Eagan, it will be necessary to authorize advertisement for and
filling of this vacant position.
ACTION TO BE CONSIDERED ON THIS ITEM. To authorize the advertise-
ment for and filling of the receptionist - clerk/typist position
at the Municipal Center.
Item 3. Assistant City Engineer --Approximately 36 applications
were received for this vacant position in the City of Eagan. After
screening, seven applicants were invited to be interviewed at the
Municipal Center. Two of the seven applicants had accepted other
employment, so the remaining five applicants were interviewed by
Director of Public Works Colbert and Administrative Assistant
Duffy. From these five, two finalists were chosen and these two
finalists were interviewed by City Administrator Hedges and
Director of Public Works Colbert. It is their recommendation that
Michael Foertsch be hired to fill the vacant position of Assistant
City Engineer, subject to the successful completion of the City's
physical examination requirement. Mr. Foertsch's first day of
employment would be January 26, 1987.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of
Michael Foertsch as Assistant City Engineer, subject to successful
completion of the City's physical examination requirement. m
;/i
Agenda Information Memo
January 6, 1987, City Council Meeting
Page Five
SALE OF SURPLUS PROPERTY/POLICE VEHICLES
B. Sale of Surplus Property/Police Patrol Vehicles --Enclosed on
pages through_ is a summary of bids that were received for
the sale of two police vehicles that have been designated surplus
property. Squad #7 was used primarily for police patrolling and
it is recommended that the vehicle be sold to the highest bidder,
Suburban Auto Sales in the amount of $2,085. The other police
vehicle, a 1980 Chevy Citation used for investigation and in the
Inspections Department, received a high bid of $200 from Jim
Sturm. Apparently, there was some confusion on Mr. Sturm's part
as to which Chevy Citation was for sale and he has asked that his
bid be withdrawn. We have honored that request and have accepted
the next highest bid from Donn Smith for $157.
ACTION TO BE CONSIDERED ON THIS ITEM; To accept the high bid of
Suburban Auto Sales in the amount of $2,085 for the sale of Squad
#7 and the high bid from Donn Smith in the amount of $157 for the
sale of the 1980 Chevy Citation.
I
police department
JAY M.BERTHE
Mali of ftip
PATRICK J. GEAGAN
Adminittntive Captain
Captain o f czaga KENNETH ANN
Oparetiom CepTaln
3830 Pilot Knob Road
Eagan, Minnesota 55122
December 19, 1986
TO: Tom Hedges, City Administrator
FROM: Ken Aszmann, Captain
SUBJECT: BID ON OLD SQUAD # 7
We have received the following three bids on old
squad '# 7:
1) Linda Myhre $1,726.00
2) Metro Auto Salvage $2,016.00
3) Suburban Auto Sales $2,085.00
I would recommend accepting the Suburban Auto bid
of $2,085.00.
Thank you,
Ken
KA/kg
THE LONE OAK TREE. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
_■■-_ _■_.._ -_.■_ - _1
Agenda Information Memo
January 6, 1987, City Council Meeting
Page Six
WINE/BEER LICENSE FOR BROADWAY PIZZA
C. Wine/Beer License for Broadway Pizza (Formerly Slicers Pizza
at Cedar Cliff Shopping Center) --Recently, the Slicers Pizza Res-
taurant, located in the Cedar Cliff Shopping Center, was sold to
John and Sandra Odeen, partners under the business name Broadway
Pizza. The Odeen's are requesting a wine and on -sale beer license
in the name of Broadway Pizza.
For additional information on this item, refer to a copy of their
applications enclosed without page number.
The Police Department has reviewed the application and finds both
the wine and on -sale beer licenses to be acceptable as presented.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the wine
and on -sale beer license for Broadway Pizza.
1j6
Agenda Information Memo
January 6, 1987, City Council Meeting
Page Seven
PROJECT 488, RECEIVE REPORT/ORDER PUBLIC HEARING
D. Project 488, Receive Report/Order Public Hearing (Blackhawk
Road) --In response to a petition submitted by the developers
of the Blackhawk Plaza Shopping Center, the Council authorized
the preparation of the feasibility report for the completion
of the upgrading of Blackhawk Road from Diffley Road to Deerwood
Drive. This report has now been completed and is being presented
to the Council for their review and consideration of scheduling
a public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: to receive the feasibility
report for Project 488 (Blackhawk Road - Street Improvements)
and schedule a public hearing to be held February 3, 1987.
PROJECT 492, RECEIVE REPORT/ORDER PUBLIC HEARING
E. Project 492, Receive Report/Order Public Hearing (Lone Oak
2nd Addition - Streets and Utilities) --In response to a petition
from the developers of the referenced subdivision (Northwest
Aerospace Training Facility), the Council authorized the preparation
of a feasibility report for the installation of streets and
utilities necessary to service this proposed development. This
report has now been completed and is being presented to the Council
for their consideration of scheduling a public hearing to be
held on February 3, 1987.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility
report for Project 492 (Lone Oak 2nd Addition - Streets and
Utilities) and schedule a public hearing to be held February
3, 1987.
There are no Public Hearings set for the January 6, 1987, meeting.
Agenda Information Memo
January 6, 1987, City Council Meeting
Page Eight
LEXINGTON WAY
A. Discussion Regarding Future Roadway Improvements for Lexington
Way --At the December 16, 1986, City Council meeting there was
considerable discussion regarding the future construction of a
cul-de-sac on Lexington Way during the final deliberations for the
approval of the Lexington Hills final plat. The final plat was
approved without a condition requiring the construction of a
cul-de-sac on Lexington Way. It was also reported at that meeting
that the Dakota County Highway Department has surveyed for the
cul-de-sac at the intersection of Lexington Way and Lexington
Avenue. It was suggested that prior to any further consideration
for the construction of a cul-de-sac on Lexington Way, the property
owners who reside on that roadway and. representatives of the
Dakota County Highway Department be present to review future plans
with the City Council. Mayor Blomquist has asked that this item
be placed on the January 6, 1987, meeting. The residents and
Dakota County Highway Department were both notified by letter,
copies are attached on pages through_ for your review, and
will be present for this disc sion. Also enclosed on page
is a copy of an article that appeared in the December 29, 1986,
This Week newspaper regarding the preparation of an Environmental
Assessment Worksheet for Lexington Avenue.
ACTION TO BE CONSIDERED ON THIS ITEM: To consider any future plans
that Dakota County has regarding improvements to Lexington Way,
receive input from the adjacent property owners and provide the
proper direction to Dakota County and City staff.
In
oF eawn
3830 PILOT KNOB ROAD, P.O. BOX 21199
EAGAN, MINNESOTA 55121 BEA BLOMQUIST
PHONE: (612) 454-8100 Mor
THOMAS EGAN
JAMES A SMITH
December 30, 1986 VICELLISON
THEODORE WACHTER
Counal Members
THOMAS HEDGES
I City Administrator
EUGENE VAN OVERBEKE
�. City Clerk
Re: Future Roadway Improvements for Lexington Way
F
At the January 6, 1987, City Council meeting, the first item
scheduled under Old Business is to discuss the future status of
roadway improvements for Lexington Way:• -'At recent City Council
meetings there has been discussion regarding a proposed
cul-de-sac for Lexington Way at either the north' end adjacent to
Lexington Avenue or the south end with Dif.fley Road. The City
was also notified that Dakota County has actually surveyed the
northerly option at the intersection of Lexington Avenue.
Since property is continuing to develop in the area of County
Road 43 (Lexington Avenue) and Lexington Way and there has been
discussion of a cul-de-sac on Lexington Way, it seemed
appropriate that this item be placed on a regular City Council
agenda and that representatives of the Dakota County Highway
Department be present to discuss their plans with both the City
Council and residents.
This item is the first item of Old Business which should be
recognized at approximately 7:00 p.m. Your attendance and input
is most desired.
Sincerely,
Thomas L. Hedges
City Administrator
cc: Tom Colbert, Director of Public Works
TLH/kf
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
TRAPASACTION: R755
NAME AND ADDRESS RECORD
DISPLAY SUPPLEMENTAL NAME AND ADDRESS
PROPERTY I.D.
NAME AND ADD�ESS
TYPE
SE&.
DATE
DELETE
R
10-02200-011-76
DALE F & rORIS L �DGT
C1
01
O00000
N
4115 LEXINGTON �AY
01
02
000000
N
EAGAN MN 55123
0i
03
O00000
N
10-02200-031-76
DONALD Ax LUCILLE �/A8KENTIEN
01
01
000000
N
4135LEXINGTON �AY
01
02
000000
N
EAGAN MN 55223
01
03
000000
N
�0-66500-0l0-01
NESLE& HELEN J SCHMIDT
01
01
000000
N
4141 LEXINGTDN MAY
01
02
000000
N
EAGAN MN 55123
01
03
00�000
�
10_66500-020-01
FLOYD J & MARGARET RODMYRE
01
02
000000
N
4145
N '
EAGAN MN 55123
01
03
000000
N
�0-022O0-010-77
JOSEPH � & YVONNE � KRISNIK
01
01
0�0000
N
4195 LEXINGTON �AY
01
02
00O000
N
,/' '
EAGAN MN 55123
01
03
O00000
N
10-02300-014-54
��ILLIAM SODERHOLM
01
01
000000
NI
1095 CO RD 30
01
02
000000
N
EAGAN MN 55123
O1
03
000000
N
10-02300-012-54
M2LLIAM R SODERHOLM
0�
01
000000
N
1095 CD RD 30
01
02
000000
N
EAGAN MN 55123
01
03
000000
N
10-02300-019-54
/
N,14CDNF EVANG COVENT CH
02
01
000000
N
4721 LAKE ST E
01
02
000000
N
MPLS MN 55406
01
03
00O000
N
10-02300-019-54
mp
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C:tV of +GL7gan
3830 PILOT KNOB ROAD, P.O. BOX 21199
EAGAN. MINNESOTA 55121
PHONE: (612) 454-8100
December 30, 1986
MR GARY ERICKSON, DIR
PHYSICAL DEVELOPMENT
DAKOTA COUNTY
APPLE VALLEY COMMONS
7300 W 147TH STR
APPLE VALLEY MN 55124
Re: Future Status of Lexington Way
Dear Gary:
BEA BLOMQUIST
Mayor
THOMAS EGAN
JAMES A. SMITH
VIC ELLISON
THEODORE WACHTER
Council Members
THOMAS HEDGES
City Acimnshata
EUGENE VAN OVERBEKE
City Clerk
Included as a part of the January 6, 1987, regular City Council
agenda is a discussion item entitled "Future Roadway Improvements
for Lexington Way." The purpose of adding this item to the
agenda relates directly to the County's plans to construct a
cul-de-sac on Lexington Way in the future.
The City Council felt it was appropriate to notify the residents
on Lexington Way that the County is contemplating a cul-de-sac
adjacent to Lexington Avenue at the north or at Diffley Road
to the south. Your attendance and brief presentation to both
the City Council and affected property owners is most desirable
and would greatly assist the City of Eagan's long-term planning
effort as property continues to develop in this area of our
community.
:I
If you have any questions regarding this meeting, feel free
to contact either Tom Colbert, Director of Public Works, or
myself at any time.
Sincerely,
k�L
Thomas L. Hedges
City Administrator
cc: Tom Colbert, Director of Public Works
Jim Curry
TLH/kf
THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Tk4t50 wfik
Z�
Lexington Ave,,, EAW
is: available
for review
Dakota County has prepared an
lanes at major intersections. Th
Environmental Assessment
project includes grade widening,I
Worksheet (EAW) for Lexington
`•. base and surface, curb and gut -
Avenue (County Road 43) from
._'ter, drainage and a bituminous _
Yankee Doodle Road (County
bike trail. Construction is ex -
Road 28) to 1.75 miles south in-
pected in 1988. The. right-of-way
Eagan. The EAW is a document
will be 120 feet and will require
containing information that ad-
some acquisition. :
dresses the significant en-
_ ..The EAW will be available for
vironmental issues of the propos-
`'comment for 30 days. ' It may be
ed project. The EAW will be used
reviewed at the Dakota County
by the county, 'along with com-'
"' Highway Department in the Ap-
ments received about the docu-
• ple Valley .Commons building.
ment, to determine if an En-
- For more information, call David
vironmental Impact Statement is
Robley at 431-1150. ; •� ,:
needed for the project.. _.F; �i;.�:•;..
Comments may be sent to
The project consists of
Dakota County Highway Depart -
reconstruction of the existing
ment, 7300 W. -147th St:, Suite 402,
two-lane 'roadway' 'with 4 -foot
_.
'Apple Valley, 55124. f a
gravel shoulders and a four -lane
undivided roadway with turn
s w . - 1i! :'_ { ' ='r: • "� r=; -
Tk4t50 wfik
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Agenda Information Memo
January 6, 1987, City Council Meeting
Page Nine
PROJECT 452, BUROW POND/CEDAR CLIFF COMMERCIAL PARK 2ND ADDITION
B. Claim from Developers Construction, Inc., related to Project
452 (Burow Pond/Cedar Cliff Commercial Park 2nd Addition) -At the
December 16 meeting, a claim from the builder of the office
complexes within the above referenced subdivision was ubmitted
to the Council for formal approval. Enclosed on pages through
is a copy of the claim and a cover letter, along with the
or'ginal letter of March 4, requesting the installation of a
storm sewer outlet.
At the December 16 meeting, the Council continued consideration
of this claim and requested staff to research the claim and
requests of City staff to perform this emergency pumping with
City forces which would have precluded the claim submittal.
Police Department records indicate that at 9:42 a.m. on Sunday,
September 21, Loren Spande of Developers Construction Incorporated
indicated that the parking lot was flooded and requested pumping
to be performed. Police Department records indicate that they
were unsuccessful in contacting Public Works Department supervisory
personnel at that time and date to investigate the problem.
Subsequently, Mr. Spande proceeded to hire the M.G. Astleford
Company to perform the pumping, resulting in the submitted claim.
Rainfall measurement records indicate that the City received
approximately 3.5 inches of rainfall on the Friday and Saturday
preceding the complaint of the parking lot flooding.
The rates submitted with the claim are considerably higher than
the City's rates for similar services to be performed. In addition,
their rates include double time for Sunday work as compared to
the City's time and one-half for similar work on a call -out basis.
In addition, with only a portion of the parking lot being flooded,
the City probably would have initiated pumping operations during
the normal work hours to minimize costs incurred.
The Public Works Director would like to discuss with the Council
the extent of the City's obligation to pump a drainage basin
that has been impacted by the development of two office buildings
adjacent to it, with full knowledge that there was no outlet
available. The development of these office buildings and parking
lots significantly contribute to the amount of runoff into this
drainage basin.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the claim
from Developers Construction for temporary pumping of Pond AP -50
in the Cedar Cliff Commercial Park 2nd Addition.
73
M.G. Astleford Company, Inc.
CONTRACTORS
1200 West Highway 13
890-6300
Burnsville, Minnesota 55337
Developers Construction
1101 E. Cliff Road
_Burnsville, MN 55337
0045 0'
$3,105.00
N....CE CHARGES: '.
VANCE CHARGES ON DEBT BALANCES. 30 DAYS OR OVER ARE COMPUYEO AT THE RATE
' 2% PER MONTH. WHICH IS AN ANNUAL PERCENTAGE RATEOF 2496 PAYMENTSHOULD BE
WE WITHIN 30 DAYS OF INVOICE DATE TO AVOID FINANCE CHARGES.
INVOICE DATEOctober 2,1986
For equipment and operators furnished at Scott
Trail &
Cliff
Road to pump water:
Sunday September 21 — and Friday
September 26,1986
Foreman w/pickup — deliver pump
3
hours
@
$50.0.0
$150.00
6" Diesel Pump w/hoses
25
hours
@
35.00
875.00
Operators to service & supervise
25
hours
@
25.00
625.00
pumping
Premium Time on Sunday
ill
hours
@
25.00
275.00
6" Tractor PTO Driven Pump
19
hours
@
.45.00
855.00
Tiltbed truck w/driver
5
hours
@
65.00
325.00
(to move Pumps)
$3,105.00
N....CE CHARGES: '.
VANCE CHARGES ON DEBT BALANCES. 30 DAYS OR OVER ARE COMPUYEO AT THE RATE
' 2% PER MONTH. WHICH IS AN ANNUAL PERCENTAGE RATEOF 2496 PAYMENTSHOULD BE
WE WITHIN 30 DAYS OF INVOICE DATE TO AVOID FINANCE CHARGES.
REC�ti�'�D Z1QV 2 6 190
DEVELOPERS CONSTRUCTION, INC.
1101 Cliff Road
Burnsville, Minnesota 55337
612/890-6194
November 28, 1986
Mr. Thomas A. Colbert, P.E.
Director of Public Works
City of Eagan
3830 Pilot Knob Road
PO Box 21199
Eagan, MN 55121 PR ,.r Y4 -A
Dear Tom,
I am in receipt of your letter of November:13,:1986 regarding
the office building Lot 1, Block 1, Cedarcliff Commercial Park
2nd Addition.
On March 4, 1986, I attended the city council meeting and
served the attached letter on the mayor and council members.
If you were to check the minutes of that meeting it was my
understanding that if.we had a flooding problem that the City
of Eagan was going to pump it or have it pumped at the city's
expense. On Saturday, September 20, 1986 and Sunday, September
21, 1986 we had an incredible rainfall and the water from the
ponding area rose to within 20 feet of the office building.
I called the police department and water works department and
was unable to get any assistance. I contacted the Astleford
Company and they immediately took care of the problem, therefore
.I would like you to authorize payment of $3,105.00 made payable
to M. G. Astleford Company, Inc.
Tom, with regard to the third paragraph in your letter stating
our project is generating the water problem, this is incorrect,
if you look at your water shed map it indicates that it is
Federal Land and also the surrounding properties are creating
the_ overflow. I would appreciate your help in this matter.
�n
DEVELOPERS CONSTRUCTION, INC.
enclosure
cc: M. G. Astleford
Jim Durning ?/
March 4, 1986
DEVELOPERS CONSTRUCTION, INC.
1101 Cliff Road
Burnsville, Minnesota 55337
612/890-6194
The Honorable Bea Blomquist & Council Members
City of Eagan
re: Petitioned Storm Sewer
Cedar Cliff Park Addition
Dear Honorable Mayor & City Council Members,
Cedar Cliff Partnership has built one office building at
4590 Scott Trail and is in the process of building our
next office building at 4580 Scott Trail. The elevations
were set based on city engineering approval and building
inspection department. We were advised that if we receive
a 100 year rainfall that the parking area would fill up and
go onto our parking lot to approximately 2 to 3 feet and
would receed through the purposed storm sewer system, if
our petition for the installation of a storm sewer system
is denied Cedar cliff Partnership will look to the city
for any losses and damages as a result of any p.otential flooding
therefore I would appreciate having our petition.
s ec f lly yours,
r n pan
C DA CIFF PARTNERSHIP
roesDurning
C DAR CLIFF PARTNERSHIP
S:na
cc: M. G. Astleford
Reese Chezik
Paul Hauge
Jr�
r-
ENGINEERING/ASSESSMENTS FEES
PAGE 2
1987
FEE
Lateral Storm Sewer
Equivalent Assessment Rate
10.30/F.F.
Maintenance Equipment & Personnel
Foreman w/Pickup Truck
42.00/Hr.
Single Axle Truck w/Operator
47.00/Hr.
Tandem Truck w/Operator
52.00/Hr.
Tractor w/Operator
32.00/Hr.
Backhoe/Loader w/Operator
52.00/Hr.
Front End Loader w/Operator
73.00/Hr.
Road Grader w/Operator
73.00/Hr.
Foreman
20.00/Hr..
Maintenance Person
17.00/Hr
Street Sweeper w/Operator
58.00/Hr.
Topographic Maps
6.30/Acre
50Kbi Generator W/Operator
52.00/Hr.
Sewer Jetter W/Operator
58.00/Hr.
::: Sewer Rodder W/Operator
50.00/Hr.
Agenda Information Memo
January 6, 1987, City Council Meeting
Page Ten
CONDITIONAL USE PERMIT/PYLON SIGN FOR ABF FREIGHT SYSTEM
C. Conditional Use Permit for a Pylon Sign for a Trucking Company
on Lots 3 - 6, Plainview Addition --A public hearing was held
before the Advisory Planning Commission at their regular meeting
held on October 28, 1986, to consider a conditional use permit
application submitted by ABF Freight Systems for a pylon sign
located along Lexington Avenue, north of the E -Z Air Park Facility.
The APC is recommending approval of this application.
The item was reviewed by the City Council at their November
18 meeting. Since there were a number of questions raised about
the pending assessments that will be assessed against ABF Freight
Systems as a condition of the pylon sign approval and due to
the absence of the applicant, the item was continued until the
December 2, 1986, meeting. At that meeting, a request by the
applicant was honored for a 30 -day continuance which is the
January 6, 1987, City Council meeting.
The applicant has been notified and is planning to be present.
For additional information on this item, refer to the Planning
Department report, enclosed on pages] through.
ACTION TO BE CONSIDERED ON THIS IT'E`M: To approve or deny the
conditional use permit as presented by ABF Freight Systems for
a pylon sign.
0
0
J
CITY OF EAGAN
SUBJECT: CONDITIONAL USE
APPLICANT: ABF FREIGHT SYSTEMS
LOCATION: LOTS 3-6 PLAINVIEW ADDITION, NW 1/4 SECTION -2
EXISTING ZONING: L. I. (LIGHT INDUSTRIAL)
DATE OF PUBLIC HEARING: OCTOBER 28, 1986
DATE OF REPORT: OCTOBER 17, 1986 '
REPORTED BY: PLANNING DEPARTMENT
APPLICATION SUMMARY: An -application has been submitted by ABF
Freight Systems requesting a Conditional Use Permit for a pylon
sign located along Lexington Avenue just north of the E -Z Airpark
facility.
The proposed interior lighted pylon will be 22' tall with a
two sided 6' x .8' (42- sq. ft.) signage area. This sign will
be a minimum 300' from the E. Z.-Airpark pylon and 10' within
the property as Code requires.
On December 3, 1985, the City Council approved a Conditional
Use for outside. storage of vehicles at this location. At that
time a condition required an updated Landscape Plan approved -
by City Staff. A plan was submitted, approved, but not implemented
by the owners.
ASSESSMENTS:_ Lots 3, 4, 5, and 6 of the Plainview Subdivision were
assessed the following trunk area assessments:
Project # Description Usage
12 Sanitary Sewer Trunk Commercial
14/179 Water Area Commercial
(1) 302 Storm Sewer Trunk Commercial
The following
assessments are
proposed as a
condition
for the
issuance of the
conditional use permit:
Description Project # Usage
Rate
Quantity
Amount
Trailway
C/I
$11.81/FF
485 FF
$ 5,727.85
Street
C/I
78.45/FF
485 FF
38,048.25
CqTj-Qrm Sewer Trunk (1)
y�
302 C/I
$ .075/SF
74,693 SF
5,601.98
(1) To correct the understatement of areas when Project #302 was assessed.
Z� .
t,
ABF FREIGHT SYSTEMS - CONDITIONAL USE
PAGE 2
CONDITIONS:
1. Implementation of the previously submitted Landscape Plant
approved on December 3, 1985.
2. The one time Sign Fee of $2.50/square foot.
3. All applicable Sign Ordinances.
4. The applicant shall either pay the assessment amounts or
execute a waiver of hearing to have them spread as special
assessments.
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APC Minutes
October 28, 1986
Harrison moved, Voracek seconded the motion to continue the application to
the November meeting. There was discussion in regard to the ability of the
Planning Commission continue the matter on it own initiative, should
further information be n essary at the next meeting. It was the opinion of
the Commission that the applicant had requested the continuance at this
meeting and the previous m ting, and thus the Co ission would still havie 60
days to review the request or rezoning, call' g for a continuance,' if
necessary, at the next Planning Commission mee ing. Staff and the developer
were specifically directed to address the ' sue of density of 25 units per
acre and the highrise building, i addition t the need for more commercial
zoning in light of the Comprehens ve Guid Amendment process, and City-wide
problems with requests for additiona Comm cial zoning. In addition, further
information was requested from sta in regard to the Blackhawk Park PUD
Agreement and the maximum density allow thereunder, and any density swaps
that may have occurred. All voted in v
ADVENT UNITED METHODIST' CHURCH - ChNDITIONAL USE PERMIT
The public hearing in rega to the reque\subject
ent United Methodist
Church for conditional use per it for a sign in e7 feet in height was
then convened by Cha per n McCrea. Mr. Dle indicated that the
proposed sign met all City rdinance requirementse to signs. There
being no appearance on b alf of the applicane public, the public
hearing was closed. Ha ison moved, Wilkins secmotion to recommend
approval of the conditi nal use permit for the 25n made of Cedar with
two signage areas of proximately 4 feet in widtct the condition
that the sign meet all City Code requirements, including set back from lot
lines. All voted in favor.
ABF FREIGHT SYSTEMS - CONDITIONAL USE PERMIT
The next public hearing of the evening was convened by Chairperson McCrea
upon the application of ABF Freight Systems for a conditional use permit for a
pylon sign, 22 feet in height, with two 6 by 8 foot signage areas on Lots 3
through 6, Plainview Addition in the northwest quarter of Section 2. City
Planner Runkle explained that the application was necessary because the sign
exceeded a 7 foot height limitation, and he provided the history of the use of
this parcel of property. He also indicated that the sign was 380 feet from
the nearest pylon sign owned by E -Z Airpark. The developer was present but
made no presentation. There was no one from the public requesting a hearing.
At the Commission's request, Mr. Runkle pointed out that the landscape plan
would be completed or a bond submitted for completion of it as a condition to
issuance of the conditional use permit.
, Mr. Colbert addressed the issue of the $49,000.00 in assessments which had
been previously overlooked when improvements were installed for the benefit of
this parcel. The applicant indicated that he had just received this
information and was forwarding it to the owner's Corporate office.
33
2
APC.Minutes
October 28, 1986
Harrison moved, Hall seconded the motion to recommend approval vall of the
conditional use permit, subject to the following conditions:
1. Implementation of the previously submitted Landscape Plan, approved on
December 3, 1985.
2. There shall be a one-time Sign Fee of $2.50 per square foot.
3. All applicable Sign Ordinances shall be adhered to.
4. The applicant shall either pay the assessment amounts or execute a
Waiver of Hearing to have them spread as special assessments.
All voted aye.
OPUS CORPORATION - WAIVER OF PLAT
Chairperson McCrea then convened the hearing in regard to the request for
waiver of plat by Opus Corporation for Lots 6 and 14, Eagandale Center
Industrial Park, and Lot 3, Block 1, Eagandale Center Industrial Park No. 7,
to combine Tract "A" with the parcels north of Tr t "B" for a road in Tract
"C" as a separate parcel\Ln
in part of the outhwest quarter of Section
3, east of Pilot Knob RoadEagandale Blv City Planner Runkle
introduced the proposal, athat the c -de-sac had been constructed,
although not deeded over ity. Due to' he need for the cul-de-sac and
existing construction, it me ahouse- eeping issue to make sure that
the street would be deedthe City and that the leftover parcel be
attached to an existing Hall mov d, Harrison seconded the motion to
recommend approval of the f plat subject to all applicable code
provisionsand a park dedia of .02 per square foot. All voted yes.
NORTHWESTERN BELL TEPHONE - WAIVER OF PLAT
Chairperson McCrea then convfelepho
ed \ddR
public hearing in regard to the
application of Northwestern Bellor a waiver of plat to split a .11
acre parcel from Parcel No.7022-26 a utility building located in the
northwest quarter of Section 2,'�, west od Road, abutting County Road #30.
Mr. Dale Runkle advised the ,Eommission-t the exhibit packet was in error
and indicated that the parcel was solarger in size. He also advised
that the building is under/,constructiona the other permits had been
obtained. It appeared tilt the waivep t was a house -keeping issue to
allow ownership of th/p1 parcel by Nortern ell. Mr. Michael Minenko was
present as attorney for Northwestern Bs wa Mr. Robert Dokken.Mr.
Dokken indicated that�the original cional se permit was requested in
December of 1985 fr the Planning Comon and proved by the City Council
in. February of 19$ with the recommenn that t parcelsize be increased
to allow for setbacks. The waiver of pwas neede in order to record the
deed. There was no one present to object to the proposal and the public
hearing was closed. Harrison moved, Wilkins seconded the motion to recommend
approval of the waiver of plat, subject to the condition that adequate
landscaping be provided for all Northwestern Bell substation sites in the City
of Eagan. All voted yea.
3 3�
Agenda Information Memo
January 6, 1987, City Council Meeting
Page Eleven
VARIANCE/NORTHWESTERN BELL
A. Variance Allowing a .5 Foot Rear Setback for a Northwestern
Bell Building at Lexington and Diffley Roads --A request for
a .5 foot rear setback was received from Northwestern Bell for
their building located at Lexington and Diffley Roads. For
additional information on this item, refer to the Planning Depart-
ment report, a copy is enclosed on pagesll�.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
.5 foot rear setback variance for Northwestern Bell.
35
CITY OF EAGAN
SUBJECT: VARIANCE
APPLICANT:
LOCATION:
EXISTING ZONING:
DATE OF PUBLIC HEARING:
DATE OF REPORT:
REPORTED BY:
APPLICATION SUMMARY:
NORTHWESTERN BELL
SW a OF SECTION 23
P.D. (PLANNED DEVELOPMENT)
JANUARY 6, 1987
DECEMBER 31,1986
PLANNING DEPARTMENT
0
An application has been submitted by Northwestern Bell, requesting
a setback variance for the utility building expansion along
Lexington Avenue, just north of Diffley Road.
The 15.0' expansion will place the building .5' from the existing
rear property line. However, Northwestern Bell has taken an
option on an additional 40' and will proceed with a waiver of
plat to combine these parcels, restoring setback conformance.
Northwestern Bell also wishes to remove the access drive to
Lexington Avenue with the completion of this project if an agreement
for a single, shared access with the City's Water Department
:.can be obtained.
If approved, this variance shall be subject to all applicable
code requirements.
019-54
_304'----r,. ]i1.63 _ �•.. ;•
014-54
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60 l50 S , DfSC BED l/NE Q " !r . . _ 1: 46
' COUNTY .TATE
Agenda Information Memo
January 6, 1987, City Council Meeting
Page Twelve
NORTHWESTERN BELL/13 FOOT VARIANCE FOR UTILITY BUILDING
B. Variance Allowing a 13 -Foot Rear Setback for Northwestern
Bell Utility Building --An application was presented by Northwestern
Bell for a 13 -foot rear setback for a utility building at 1975
Diffley Road east of Rahn Road. For additional information
on this item, refer to the Planning Department report, a copy
is enclosed on pages '.0'0 ugh 39
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
variance for a 13 -foot rear setback for Northwestern Bell utility
building at 1975 Diffley Road.
37
CITY OF EAGAN
SUBJECT: VARIANCE
APPLICANT: NORTHWESTERN -BELL
LOCATION: SW 4 OF SECTION 20
EXISTING ZONING: P.F. (PUBLIC FACILITIES)
DATE OF PUBLIC HEARING: JANUARY 6, 1987
DATE OF REPORT: DECEMBER 31, 1986
REPORTED BY: PLANNING DEPARTMENT
APPLICATION SUMMARY:
An application has been submitted requesting a -variance for a
utility building setback for Northwestern Bell Telephone Company
at 1975 Diffley Road, just east of Rahn Road. This parcel is
located on the southeast portion of the Cedar Grove Baptist Church
site.
Currently there is a. 30' distance between the utility building
and the rear property line. The proposed expansion of this build-
ing will make the setback 131. The church originally sold this
property to N.W. Bell and due to possible future expansion, does
not wish to sell the additional land needed for setback conformance.
However, the City has -received written approval from the church
for the 13' setback as now proposed. No other setbacks will
be altered.
If approved, this variance should be subject to all applicable
ordinances.
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Agenda Information Memo
January 6, 1987, City Council Meeting
Page Thirteen
CONDITIONAL USE PERMIT/HUNAN GARDEN RESTAURANT
C. Conditional Use Permit to Serve 3.2 Beer/Wine for Hunan
Garden Restaurant in Town Centre 70 Shopping Center --A public
hearing was held by the Advisory Planning Commission at their
last regular meeting held on December 18, 1986, to consider
an application for on -sale beer and wine at the Hunan Garden
Restaurant in the Town Centre 70 2nd Addition. The APC is recom-
mending approval of this application.
For additional information on this item, refer to the Planning
Department report, a copy is enclosed on pages through �.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit to allow on -sale beer and wine at the
Hunan Garden Restaurant in the Town Centre Shopping Center.
740
CITY OF EAGAN
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: MAURICE FUNG
LOCATION: LOT 2, BLOCK 1, TOWN CENTRE 70 2ND ADDITION
EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER)
DATE OF PUBLIC HEARING: DECEMBER 18, 1986
DATE OF REPORT: DECEMBER 11, 1986
REPORTED BY: PLANNING DEPARTMENT
APPLICATION SUMMARY: An application has been submitted requesting
a Conditional Use Permit to allow on -sale beer and wine at the
Hunan Garden Restaurant - in the Town Centre 70 2nd Addition.
This sit down restaurant contains approximately 140 seats and
will open early in 1987. The applicant has submitted the necessary
liquor license forms to the City Clerk and Police Department
and they are in the review process.
If approved, this Conditional Use Permit shall be subject to
all applicable Code requirements.
'Tf
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APC Minutes
December 18, 1986
MAURICE FUNG - CONDITIONAL USE PERMIT
Chairperson McCrea then convened the first public hearing of the evening
in regard to the application of Maurice Fung for a conditional use permit to
allow on -sale beer and wine at the Hunan Garden Restaurant on Lot 2, Block 1,
Town Centre 70 2nd Addition. The sit-down restaurant would contain
approximately 140 seats and open in early 1987. The applicant had submitted
the necessary liquor license forms to the City Clerk and Police Department.
City Planner Runkle briefly described the request within the commercial
shopping center district, which presently includes a restaurant with on -sale
liquor and an off -sale liquor store. The applicant was present to address
questions and there was no one from the public to make any statements. Trygg
moved, Wilkins seconded the motion to recommend approval of the conditional
use permit. All voted yea.
TOWN CENTRE 70 SEVENTH ADDITION - PRELIMINARY PLAT
KENTUCKY FRIED CHICKEN
The second public hearing of the evening was in regard to the application
of DeLaria Development Corporation for a Kentucky Fried Chicken restaurant on
Outlot A of Town Centre 70 Fifth Addition, consisting of .66 acres. The
application included a request for a preliminary plat in addition to a
conditional use permit for a drive-through restaurant facility located in part
of the northwest quarter of Section 15, south of Yankee Doodle Road, abutting
Town Centre Drive. Chairperson McCrea convened the hearing and City Planner
Runkle introduced the application. Special attention was directed to the
number of accesses along Town Centre Drive, and in particular, the engineering
department's recommendation that the driveway be located at least 60 feet from
the east property line. Mr. Charles Bartholdi was present on behalf of
Federal Land Company, the owner, and the party proceeding with the plat. He
indicated that the plat met City subdivision requirements.
Mr. Don DeLaria of DeLaria's Kitchens was also present and advised that
DeLaria's Kitchens operates 7 Kentucky Fried Chicken restaurants in the metro
area and provided pictures of their most recent construction. There being no
one from the public to respond, the public hearing was closed.
Discussion centered around the need for the single parking stall located
beyond the drive -up window and prior to exiting the premises. It was
recommended that if possible, the entire site be moved 10 feet to the rear to
allow better access and maintain the parking stalls, including the single
stall approaching the exit. There was a great deal of concern expressed in
regard to the traffic hazard. The Public Works Director indicated that while
having four drive -up facilities in a row along Town Centre Drive was not a
desirable situation, requiring the driveway to be located 60 feet west of the
east lot line was the best situation possible in light of the fact that the
other three lots within the original Outlot A had been platted and approved.
Voracek moved, and Trygg seconded the motion to recommend approval of the
preliminary plat and conditional use permit, subject to the following
conditions:
�3
i
Agenda Information Memo
January 6, 1987, City Council Meeting
Page Fourteen
PRELIMINARY PLAT & CONDITIONAL USE PERMIT
KENTUCKY FRIED CHICKEN
D. Preliminary Plat and Conditional Use Permit to Allow a Drive-
Thru and Pylon Sign for a Kentucky Fried Chicken Restaurant
Adjacent to Taco Bell Restaurant --A public hearing was held
on December 18 before the Advisory Planning Commission to consider
a preliminary plat application submitted by the DeLaria Develop-
ment Corporation requesting a preliminary plat for the Town
Centre 70 7th Addition. This plat consists of a single .66
acre lot for a Kentucky Fried Chicken facility. Also included
with their application is a conditional use permit request for
a drive-thru. The APC is recommending approval of this item.
For additional information on this item, refer to the Planning
and Engineering reports, copies are enclosed on pages through
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
preliminary plat and conditional use permit as presented.
0
CITY OF EAGAN
SUBJECT: PRELIMINARY PLAT (TOWN CENTRE 70 7TH
ADDITION)
APPLICANT: DE LARIA DEVELOPMENT CORPORATION
LOCATION: OUTLOT A, TOWN CENTRE 70 5TH ADDITION
EXISTING ZONING: CSC (COMMERCIAL SHOPPING CENTER)
DATE OF PUBLIC HEARING:
DATE OF REPORT:
DECEMBER 18, 1986
DECEMBER 8, 1986
REPORTED BY: PLANNING & ENGINEERING
APPLICATION: An application has been submitted by the De Laria
Development Corporation requesting a Preliminary Plat for the
Town Centre 70 7th Addition. This plat consists of a single
.66 acre lot for a Kentucky Fried Chicken facility. A separate
Conditional Use Permit application has also been submitted for
the drive-thru.
SITE PLAN: This fast food facility will contain 54 seats and
be serviced from a single 28' access from Town Centre Drive.
Taco Bell is to the west and the previously approved Arby's is
to the east. The user will enter the site in a one way, vehicular
movement, then either park in the 60 degree angular stalls or
proceed through to the drive-thru. There is a 19 degree wide
lane provided for this drive-thru and exit lane on the west side
of the building with stacking for 5 cars. One parking stall
has been shown for use after going through the pickup area.
Staff recommends removing this and providing an easier turning
radius to. "re-enter" the parking area. Twenty three (23) 10
degree stalls would still be provided and Code only requires
18 based on the 1 per 3 seat criteria. All building and parking
setbacks meet Code requirements. '
A 26" tall pylon sign containing 114 s.f. of signage area has
also been proposed in the location approved in the Town Centre
70 Sign Agreement. The optional reader board will 'be 32
s.f./146 s.f. total. This would be above the 125 s.f. permitted
but consistent with other fast food establishments. Federal
Land Company will require that the sign have a 25' height matching
that of the adjacent signs.
A preliminary landscape plan was submitted and the detailed plant-
ing plan will be prepared to be consistent in terms of sizes,
species, and the overall design concept in that area.
�5
TOWN CENTRE 70 70TH ADD
PAGE TWO
DECEMBER 18, 1986
GRADING/ DRAINAGE: The major grading for this site was previously
performed under the original Town Centre 70 1st Addition
development. In addition, storm sewer facilities of sufficient size
and capacity to handle this proposed development have been
previously installed within Town Centre 70 Drive and the Interstate
right-of-way. However, the proposed discharge of the catch basin
outlet from the north end of this parking lot will require a MnDOT
permit for discharge of surface water runoff into their right-of-
way. Based on past review of similar developments adjacent to this
proposal, it is not anticipated that there will be any objections.
In addition, minor modifications to the existing catch basin inlet
in the north gutter line of Town Centre Drive at the entrance to
this development will be required as the responsibility of this
development..
UTILITIES: Sanitary sewer and water services of sufficient size
and capacity to handle this development were previously installed to
this property under the original development of the Town Centre 70
1st Addition. No additional utility construction will be required.
STREETS/ACCESS/CIRCULATION: Major access to this development will
be provided by way of Town Centre Drive, which has been constructed
to its ultimate design section.
The proposed access location of this driveway is not compatible with
the existing driveway connections previously approved for the Arby's
Restaurant under Town Centre 70 4th Addition. The centerline of the
proposed driveway will have to be located a minimum of 60' west of
the east property line to maintain adequate separation between
commercial driveways.
The internal parking lot configuration, including driveway access,
width and radii will have to be modified to conform to City standard
dimensions.
EASEMENTS/RIGHTS-OF-WAY/PERMITS: All necessary permanent right-of-
way has been dedicated under the Town Centre 70 1st Addition.
However, a permit will be required from MnDOT for the discharge of
surface water runoff into their right-of-way as previously
discussed.
ASSESSMENTS: All assessment obligations associated with this
development have been previously levied under Project 429. There
are no additional assessment obligations associated with this
development.
TOWN CENTRE 70 7TH ADD
PAGE THREE
DECEMBER 18, 1986
CONDITIONS: TOWN CENTRE 70 7TH ADDITION
1. All standard platting conditions shall be adhered to.
2. A Parks Dedication Fee will be required.
3. A detailed landscape plan will be prepared prior to the
Final Plat submission and a financial guarantee provided
and not released until one full year from the time of instal-
lation.
4. The pylon sign shall be a 25' height maximum. The one time
sign fee will be required on the amount of signage approved
by the City Council (114 s.f. or 146 s.f.).
5. The single parking stall on the exit lane shall be removed
and a- "softer" turning radius back to the parking area shall
be required.
6. A MnDOT permit for storm water discharge into I -35E right-of-
way must be obtained prior to final plat approval.
7. The centerline of the singular driveway access into this
development shall be a minimum of 60' west of the east property
line.
8. All internal parking lot configurations and circulation shall
be in accordance with City engineering standards regarding
dimensions and layout.
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APC Minutes
December 18, 1986
MAURICE FUNG - CONDITIONAL USE PERMIT
Chairperson McCrea then convened the first public hearing of the evening
in regard to the application of Maurice Fung for a conditional use permit to
allow on -sale beer and wine at the Hunan Garden Restaurant on Lot 2, Block 1,
Town Centre 70 2nd Addition. The sit-down restaurant would contain
approximately 140 seats and open in early 1987. The applicant had submitted
the necessary liquor license forms to the City Clerk and Police Department.
City Planner Runkle briefly described the request within the commercial
shopping center district, which presently includes a restaurant with on -sale
liquor and an off -sale liquor store. The applicant was present to address
questions and there was no one from the public to make any statements. Trygg
moved, Wilkins seconded the motion to recommend approval of the conditional
use permit. All voted yea.
TOWN CENTRE 70 SEVENTH ADDITION - PRELIMINARY PLAT
KENTUCKY FRIED CHICKEN
The second public hearing of the evening was in regard to the application
of DeLaria Development Corporation for a Kentucky Fried Chicken restaurant on
Outlot A of Town Centre 70 Fifth Addition, consisting of .66 acres. The
application included a request for a preliminary plat in addition to a
conditional use permit for a drive-through restaurant facility located in part
of the northwest quarter of Section 15, south of Yankee Doodle Road, abutting
Town Centre Drive. Chairperson McCrea convened the hearing and City Planner
Runkle introduced the application. Special attention was directed to the
number of accesses along Town Centre Drive, and in particular, the engineering
department's recommendation that the driveway be located at least 60 feet from
the east property line. Mr. Charles Bartholdi was present on behalf of
Federal Land Company, the owner, and the party proceeding with the plat. He
indicated that the plat met City subdivision requirements.
Mr. Don DeLaria of DeLaria's Kitchens was also present and advised that
DeLaria's Kitchens operates 7 Kentucky Fried Chicken restaurants in the metro
area and provided pictures of their most recent construction. There being no
one from the public to respond, the public hearing was closed.
Discussion -centered around the need for the single parking stall located
beyond the drive -up window and prior to exiting the premises. It was
recommended that if possible, the entire site be moved 10 feet to the rear to
allow better access and maintain the parking stalls, including the single
stall approaching the exit. There was a great deal of concern expressed in
regard to the traffic hazard. The Public Works Director indicated that while
having four drive -up facilities in a row along Town Centre Drive was not a
desirable situation, requiring the driveway to be located 60 feet west of the
east lot line was the best situation possible in light of the fact that the
other three lots within the original Outlot A had been platted and approved.
Voracek moved, and Trygg seconded the motion to recommend approval of the
preliminary plat and conditional use permit, subject to the following
conditions:
APC Minutes
December 18, 1986
1. All standard platting conditions shall be adhered to.
2. A Parks Dedication fee will be required.
3. A detailed landscape plan will be prepared prior to the final plat
submission and a financial guarantee provided and not released until one full
year from the time of installation.
4. The pylon sign shall be a 25 foot height maximum. The one time sign
fee will be required on the amount of signage approved by the City Council,
not to exceed 125 square feet, including the reader board.
5. The single parking stall on the exit lane shall be maintained, if
possible, and upon staff's approval, after review of the possibility of
relocating the site further to the north.
6. A MnDOT permit for storm water discharge into I -35E right-of-way must
be obtained prior to final plat approval.
7. The centerline of the singular driveway access into this development
shall be a minimum of 60 feet west of the east property line.
8. All internal parking lot configurations and circulation shall be in
accordance with City engineering standards regarding dimensions and layout.
9. The developer shall be responsible for minor modifications to the
existing catch basin inlet in the north gutter line of Town Centre Drive, at
the entrance to this development.
All voted in favor.
EAGAN HILLS FARMS - REZONING & COMPREHENSIVE GUIDE PLAN AMENDMENT
Chairperson McCrea then convened the next public hearing upon the
application requesting rezoning of 404 acres from A (Agricultural) to a mixed
use Planned Development, in addition to a Comprehensive Guide amendment from
R -II to Planned Development, including a small portion of Commercial (NB)
property. Mr. Runkle introduced the proposal consisting of 7 parcels with
separate ownership involving four owner/developers to coordinate the planning,
construction and PD process. Included were Charles Hall who stepped down from
the Commission during the hearing, United Mortgage Company,. Enebak
Construction and Sienna Corporation. The Eagan Hills Farms' proposal
consisted of 316 acres for varied housing types of densities, 32 acres of high
density residential, 6 acres designated for neighborhood commercial and the
remaining open space for parks dedication. A 15 year PD agreement was being
requested. The project is located north of Diffley Road, south of Wescott
Road, abutting portions of Dodd Road on the east and the Hall Family Trust
land and the proposed Stafford Place subdivision on the west, also described
as the East half of Section 24, in the Northeast Quarter of Section 23, and
parts of the Northeast Quarter of the Southeast Quarter of Section 24.
Agenda Information Memo
January 6, 1987, City Council Meeting
Page Fifteen
WINE/BEER LICENSE FOR HUNAN GARDENS
E. Wine/Beer License for Hunan Gardens/Town Centre Shopping
Center --An application for a on -sale wine and non -intoxicating
malt liquor was received from Maurice Fung to serve both wine
and 3.2 on -sale beer at the Hunan Garden Restaurant in Town
Centre Shopping Centre.
For additional information regarding the license applications,
refer to copies that are enclosed without page number.
The Police Department has reviewed the application and finds
both the wine and on -sale beer to be acceptable as presented.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
wine and on -sale beer license for Maurice Fung at a business
location defined as Hunan Garden at 1304 Town Centre Shopping
Center.
53
Agenda Information Memo
January 6, 1987, City Council Meeting
Page Sixteen
OFF -SALE BEER LICENSE/WALGREEN DRUG
F. Off -Sale Beer License for Walgreen Drug/Town Centre Shopping
Centre --The Walgreen Drug located at Town Centre Shopping Center
has made application for a 3.2 Off -Sale Beer License. The license
application is in order according to the City Clerk's office
and has been reviewed approved by the Police Department.
A copy of this application is enclosed without page number for
your review.
The City has not issued 3.2 off -sale beer license to any drug
stores in the community. To date, 3.2 off -sale beer licenses
have been granted to either convenience stores or large grocery
stores. According to the City's zoning, ordinance, Chapter 11,
Subdivision 12, off -sale liquor is a permitted use in a retail
shopping center that is zoned community shopping center district.
There is no conditional use permit or public hearing required.
For on -sale liquor, 3.2 beer or wine, a conditional use permit
is necessary within a community shopping center district.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
off -sale beer license for Walgreen Drug as presented.
6Y
Agenda Information Memo
January 6, 1987, City Council Meeting
Page Seventeen
ADDITIONAL ITEMS.
ACCESSORY APARTMENT/HOUSING
A. Consideration of Ordinance Amendment to Chapter 11 Relative
to "Accessory Apartments/Housing"--For the past two (2) years
there has been discussion regarding the consideration and prepara-
tion of an amendment to Chapter 11 (Zoning Ordinance) that would
add a provision relative to "accessory apartments" to R-1
residential areas. An ordinance amendment was prepared by the
City Attorney's office and is enclosed on pages through
15'4 for review.
This ordinance amendment should be considered draft and will
be reviewed in detail by the City Administrator at the City Council
meeting on Tuesday. It is anticipated that there will be some
changes and modifications suggested by; the City, Council which
can be made by staff following final consideration of the zoning
ordinance amendment which would take place later in January or
at the February City Council meeting.
ACTION TO BE CONSIDERED ON THIS ITEM:
ordinance amendment and provide
regarding any changes or additional
housing.
To review the proposed
direction to the City staff
language desired for accessory
l�
ORDINANCE NO. , 2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE,
CHAPTER 11, ENTITLED "LAND USE REGULATIONS" BY ADDING PROVISIONS RELATING TO
ACCESSORY APARTMENTS IN R-1 RESIDENTIAL DISTRICTS AND BY ADOPTING BY REFERENCE
EAGAN CITY CODE SECTION 11.99, WHICH CONTAINS PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EAGAN DOES ORDAIN:
Section 1. Eagan City Code, Chapter 11, is hereby amended by adding
Section 11.20, Subd. 5.C.7 to read as follows:
Section 11.20, Subd 5.C.7. Applications for conversion of existing,
owner occupied, detached single family homes to two-family use may be
allowed by the creation of an accessory apartment subject to review by the
city.
(a) Application shall be made on forms provided by the City
which shall include the following:
i. Legal description of the property location and proof of
ownership.
ii. Scale plans indicating existing and proposed floor
plans and access to both the principal unit and the accessory
unit.
iii. Site plan depicting parking availability.
(b) The City Planner shall review the completed application in
consultation with the Building Inspector and Fire Chief, and shall
determine whether the proposed conversion meets the following
standards:
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i. The accessory apartment shall be clearly a subordinate
part of the single-family dwelling, in no case shall it be more
than ( %) percent of the building's
total floor area nor greater than C ) square
feet nor have more than two (2) bedrooms.
ii. The principal unit shall have at least square
feet of living space remaining after creation of the accessory
apartment exclusive of garage area. Accessory apartments shall
have at least square feet of living space. Living space
square footage for the accessory apartment shall include a
kitchen or cooking facilities, a bathroom and a living room.
iii. No front entrances shall be added to the house as a
result of the accessory apartment permit.
iv. The house must be owner -occupied. The owner(s) must
have resided in the home more than two (2) years prior to
applying for an initial accessory apartment permit.
v. A minimum of three off-street parking spaces must be
provided, two of which must be enclosed.
vi. The accessory apartment and principal unit must meet
the applicable standards and requirements of the Eagan City
Code, Building Code and Fire Code.
vii. The building and property shall remain in single
ownership and title and shall have only one mailing address.
viii, only one accessory apartment permit may be issued per
detached single family home.
67
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(c) The City Planner shall deny or accept the application based
upon a statement of findings relative to the above standards. If the
decision is to accept, a notice of intent shall be sent to all
neighbors within feet of the perimeter of the property.
Written comments will be requested within 10 days, reviewed, and a
final decision made by the City Planner. The applicant or other
aggrieved party may appeal the decision within 10 days to the
Advisory Planning Commission which shall make the final
determination. Failure to give mailed notice or defects in the
notice shall not invalidate the proceedings provided a bona fide
attempt has been made to contact the neighbors.
(d) The City has the right to attach conditions when approving
an accessory apartment permit. The City shall require the owner to
place restrictive covenants to be recorded with the property
controlling the accessory apartment. Said covenants must be approved
by the City Attorney.
(e) Upon the sale of a home having an accessory apartment
permit, the buyer must renew the permit, but will not be subject to
the two (2) year occupancy requirement as stated above.
(f) An accessory apartment permit shall terminate if the above
referenced standards are not adhered to.
(g) The Advisory Planning Commission may revoke an accessory
apartment permit if the criteria and conditions under which the
permit was granted are violated.
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Section 2. Eagan City Code Chapter 11.99 entitled "Violation A
Misdemeanor" is hereby adopted in its entirety by reference as though repeated
verbatim herein.
Section 3. Effective Date. This ordinance shall take effect upon its
adoption and publication according to law.
ATTEST:
Its Clerk
CITY OF EAGAN
CITY COUNCIL
By:_
Date Ordinance Adopted:
Date Ordinance Published in the legal newspaper:
6y
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Its Mayor
ft
Agenda Information Memo
January 6, 1987, City Council Meeting
Page Eighteen
CONSIDERATION FOR 1987 COST OF LIVING ADJUSTMENT
B. Consideration for 1987 Cost of Living Adjustment --The City
Administrator is recommending that a cost of living adjustment
be approved for all non -collective bargaining personnel employed
as permanent employees for the City of Eagan. The Public Works
Maintenance collective bargaining group has settled for 4% for
1987 which is the second year of a two year contract. After
polling several other communities, it appears that most cities
have either settled or are planning to increase their employee
groups between 3 and 4%.
According to the consumer price index scheduled for Minneapolis
and St. Paul, the consumer price index for urban consumers and
urban wage earners has seen an increase from 3 to 10% for food
and beverage items, a 3 to 4% in housing, a 9% in medical care
and in most other areas, including fuel oil, transportation and
related commodities, the consumer price index is actually reduced
from October 1985 to October 1986.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the cost of
living adjustment for all non -collective bargaining employees,
effective January 1, 1987.
Agenda Information Memo
January 6, 1987, City Council Meeting
Page Nineteen
C. PUBLIC IMPROVEMENT CONTRACTS
Item 1. Contract 86-5, Final Payment/Acceptance (Windtree 5th
and 6th Additions - Streets and Utilities) --We have received
a request for final payment from our consulting engineering firm,
along with a certification of compliance with City approved plans
and specifications for the installation of streets and utilities
to service the Windtree 5th and 6th Additions. All final
inspections have been performed by representatives of the Public
Works Department and found to be in order for formal acceptance
of perpetual maintenance.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the fifth and
final payment for Contract 86-5 (Windtree 5th and 6th Additions)
in the amount of $14,007.01 to Richard. Knutson Incorporated and
authorize formal acceptance for perpetual maintenance.
6/