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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. LL OVAL I co C- o � o *MPMHHEE� IDGE ROAD � I rr _ - -- II o o Lo II o v CP 1500- II O F II o t ^ro )- 1 0 + �-7 J ~ � 0 I� — O !71 Cn � (_7 N In In Lr) � 00 N O r1r) _ O (C) + — N It + N 00 CY-1 I _ oct It cr- -d u s v t i ._ _ 41750 _ 0 ~~ +- j c Q- Y a _ 0 - -ti ---------- ------ i CID s Vl C.N. 6 - -- -- _ II o o Lo II o v CP 1500- II O F II o t ^ro )- 1 0 + �-7 I �- 0,11% "*Vz z ,y rn ASS E '�No c LODGE C< n DR. /ri /0 F co Q) SE ID KNOB PT. R D. -_ Ise • — � a► .� 1«o • • • �1 • IF l !�f / o t` rn ERN RK Cl R. P'rt�j y7 AR LS .D a� 9 ORION LA. > d�� NDROMED F U) WAY 0 2 v U MANIS c�' 2 WAY APRICORN m r> � � 2 �G-)A i NGTON .ST RAW BERR 0 e 1, "` J!L i 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 r 4rI 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 Z� 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. �D Li i ALUMINO q6mw L.�fjO.75 'PIP& i{id cc ,v rorf- —c FV07,0" Er L � N v 0 N O L _x z 0 O z 1 9 a �i m F 0 c I h r J i,�:,,. o n r s CODE so z _° tel' =zg [ a •- n R OTY. .. r a - .1 E.0 N � 0 i C el300 i J 0 O M _ � z • � C m }a to 0 i n O - � � m L4 N tA �+, ~ m has g� m• 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 -54 .r.nr.!. rq •1x4:7)• r.:%`' 77 012-54 ' . 1� , ; - �: • • jf . 1043.. � .�t� , r.,: �y `I ' I �.1 � e•s•e9•SL'2s.'E :FO fC " .,.«� f1. i 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. 010 - p j _ 010 -51 �• � • [ASENENT /ER DAC /q 617794 • I _COUNTY i _�+' _, ,STAT - = _�.._._.. AlG GOUNTY'�"",' ^" - ` ,,,HIGHWAY N0. • STATE R D i • �•AGHWAY-lJU:«w 30 .��..... �• CHIPMUNK •» COURT r10S3NNIN NVOW3 _ _ _ �•� pL im - lIFF��-��..JJii�•1139 Na31S3MH1NON � .' - • • .» LE v LLI LU w of Q , Cl) LU Z ¢Z ¢ W _ . 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 I r. I KITCHEN Lay ONEL I � � ad jT I cf I�•w+- �ettl� Ivxa+e++ 6w P. 4'-d u' -d 12 fO ts1 `L sw .. -I • � pO"�� O�T>t PAIN Onr✓M . i Is• uas a. �Lr ; .� . . p f4 I • _ Tlf-►: gyp - e' 1 c I 1 —Igo LVL% L-IA4 4 19 K• - - - - - on uDh1 r- ror- TMr_ t.. - 1 - — - - 4 aavfWy--y ,.�•pr,. t4'*' - q - �- — - - -_ ... - moM o�nl h�nl w�M • 5 �w•-« cur r �b1 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. z LO ■ a Is 1� €i 1 az $3 � d7 �1 � t �; ::iia F •� � j is !� � � � ' it 112 I .a ria ,. =1 s� � _ -s: � = a= -• = Hili : nN3A': 'n8 -e1.:1:3:1 14 � I r L i : nN3A': 'n8 -e1.:1:3:1 i I i- 1 :a ILu i-% 1 y r c I.= ell :r r� z ►- � i_ � L 1 M i I i- 1 :a ILu i-% 1 y ................. 'lit '- NJ z�. —:Z. i.4 z�. —:Z. m . , t CONCF STEEL SIGN 1 9 1*5 05 BA 8OTTC CONCFi� t 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: MY - 1 r 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 2 0 f' (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. 3 3 r' 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 4 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/