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10/19/1982 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL OCTOBER 19, 1982 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS e.1 A. Fire Department l B. Police Department IV. 6:55 - CONSENT ITEMS Q`13 C. Park Department e,3 D. Public Works Department 1Q.1� A. Don O'Grady for Temporary Bingo License and Temporary Non - Intoxicating Malt Liquor License for St. John Neumann Church for 11-21-82 Lt B. Anthony Lancette for St. John Neumann Church/Temporary Non - Intoxicating malt Liquor License for Annual Fall Dance a C. Establish Public Hearing for Ordinance Codification Q y D. On -Sale & Off -Sale Liquor, Wine, Club & On -Sale & Off -Sale Beer License Renewals for 1983 ��D E. Receive Petition, Robin Lane (Streets) .Of F. Contract #81-5, Final Payment & Acceptance (Cinnamon Ridge First Addition, Twin View Manor Second Addition, et al - Utilities) e,llt G. Contract #81-13, Final Payment & Acceptance (Windtree Second, Windcrest Second, -- Utilities) V. 7:00 - PUBLIC HEARINGS 15 A. Vacation of Trail Easement, Brittany Addition VI. OLD BUSINESS Nlq A. Sheffield Addition: Request for Clarification/Gabbert Development Co. 'lB. Subdivision Ordinance el el 31 C. Water Treatment Project Eagan City Council Meeting October 19, 1982 Page Two VII. NEW BUSINESS Q,Soc A. Richard J. Buchan for a Waiver of Plat to Split Off One Homestead and Create a Five—Acre Parcel Located in Part of the SE'y of th NWk of Section 36, 4695 Dodd Road �J AAB. Elmer L. & Dorothy A. Scott for a Preliminary Plat, Clarkson ` Addition, Consisting of Approximately 3.88 Acres and Containing Two Lots Located in Part of the Ek of the SE'g of Section 24 (North of Diffley Road & Southeast of Dodd Road) p 57` C. Kinder Care Learning Centers, Inc., for a Revised Preliminary { Plat, Pilot Knob Associates First Addition, to Adjust Lot Lines to Allow the Kinder Care Facility as Part of the Pilot Knob Center Preliminary Plat in part of the SW'y of the NW'g of Section 15 (North of Duckwood Drive in the General Area of Denmark Avenue) P6'k D. Gregory Heuer for Transfer of Non—Intoxicating Malt Liquor License for Piccolo's Pizzeria, 4162 Pilot Knob Road Qd'k E._ Variance from Lot Line Requirements/Townhouse District -- Yankee Doodle Development Company (Dennis Peck) Q7D F. Establish Public Hearing for I. R. Financing to Consider a $3.1 Million Motel Adjacent to Yankee Square Shopping Center 7 DG. Preliminary Plat Extension for Cottonwood Addition Q .-11-H. Preliminary Plat Extension for L & F Addition Q 1 k I. Preliminary Plat Extension for Pilot Knob Office Park Q 16J. Preliminary Plat Extension for Country Glen Condominiums Preliminary Plat Extension for Berry Ridge Condominiums VIII. ADDITIONAL ITEMS RVA. Final Plat Revocation/Lone Oak Heights (Orrin Aune) IX. VISITORS TO BE HEARD (FOR THOSE PERSONS NOT ON THE AGENDA) X. ADJOURNMENT MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 15, 1982 SUBJECT: AGENDA INFORMATION After approval of the October 5, 1982 regular City Council minutes and special City Council minutes for the September 2, September 16, September 30, and October 12, 1982 meetings and the October 19, 1982 City Council agenda, the following items are in order for consideration: DEPARTMENT HEAD; B,USQ,NESS FIRE DEPARTMENT A. Fire Department -- There are no items to be discussed for the Fire Department at this time. POLICE B. Police Department -- At the last regular City Council meeting held on October 5, 1982, three (3) residents residing in the general vicinity of the intersection of Sigfrid and Sequoia Drive appeared and requested the placement of stop signs at that intersection. Due to the proximity of that intersection with the location of Pilot Knob Road, it was determined by the City Council that stop signs were not warranted at the intersection at this time. Instead, the Police Department was directed to perform a speed survey and enforcement on this street and report to the Council any observation of speed limit violation and/or tickets issued through enforcement during the short period between October 5 and 19. A copy of a report prepared by Chief of Police DesLauriers is enclosed on page 2-_ for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the report and continue the infrequent placement of a squad car at that location, erect stop signs at the intersection or consider the intersection as usual and customary with other similar intersections for the usual and customary police patrolling. We have run radar speed checks with marked and unmarked vehi- cles. The checks were made four times a day, morning and evening, between the hours of 0730 to 0818 and again between 1640 to 1810 hours. During these times, we had between 36 and 50 vehicles and the average speed was from 23.75 MPH to 24 MPH; two vehicles drove over the speed limit (one at 31 MPH and one at 32 MPH). I would not recommend any further signs. However, the residents of the area should be advised to obtain a description of violators' vehicles, including license numbers if possible, and call this de- partment. Our officers feel it may be one or two persons who are causing concern for safety in the area. MD/vk Z a7, Martin DesLauriers THE Lo -,%T O.aK TREE — THE S};ygOL OF STRENGTH & GROWTH IN OUR CO.1LlH \7TY Agan i3oiire Meparthent '``': Martin Deslauriers� ^r— 3830 Pilot Knob Road l����: Chief of Police Eagan, Minnesota 55122 Jay M. Berthe k. A Assistant QeiejojPolice _c4-cr-� 14 October 1982 TO: Thomas L. Hedges, City Administrator FROM: Chief of Police SUBJECT: Speed Survey/Enforcement Sigfrid West of Pilot Knob We have run radar speed checks with marked and unmarked vehi- cles. The checks were made four times a day, morning and evening, between the hours of 0730 to 0818 and again between 1640 to 1810 hours. During these times, we had between 36 and 50 vehicles and the average speed was from 23.75 MPH to 24 MPH; two vehicles drove over the speed limit (one at 31 MPH and one at 32 MPH). I would not recommend any further signs. However, the residents of the area should be advised to obtain a description of violators' vehicles, including license numbers if possible, and call this de- partment. Our officers feel it may be one or two persons who are causing concern for safety in the area. MD/vk Z a7, Martin DesLauriers THE Lo -,%T O.aK TREE — THE S};ygOL OF STRENGTH & GROWTH IN OUR CO.1LlH \7TY Agenda Information Memo October 15, 1982 Page Two PARK DEPARTMENT C. Park Department -- There are no items to be considered under Park Department at this time. PUBLIC WORKS DEPARTMENT D. Public Works Department -- Item #1: Project 306 (County Road 30) & Project 342 (Cedar Grove Street ReCOIIStruCtlon -- Dakota County has budgeted tor the upgrading and improvement of County Road 30 from Nicols Road to Blackhawk Road for the 1983 construction season. Also, the City has anticipated that Cedar Grove First and Second Additions would be reconstructed/repaired as previously discussed. Because both projects impact a considerable number of existing residences within the Cedar Grove area, combined with potential precedent setting assessment policies, the staff would like to informally review the feasibility reports for both projects with the Council at either a special meeting or the regular Council meeting on November 9th at the latest. In order to meet time frames required by the County for preparing plans and specifications and advertising for bids, it will be necessary for the City of Eagan to hold the public hearing, determine the status of the frontage roads along County Road 30, close the public hearing and order in the improvement before the end of this calendar year. Because of the considerable number of people that these two projects will affect, it is recommended that a special public hearing be held at the Cedar Elementary School. Staff is recommending that this special public hearing be held on Thursday, December 16 so that final formal action can be processed at the last Council meeting of 1982 on December 21. Because it is anticipated that there would be considerable discus- sion pertaining to unique policies pertaining to both these projects, the staff would greatly appreciate an opportunity to discuss these projects in an informal atmosphere at a special City Council meeting prior to November 16 if at all possible. No formal action would be required of the Council at this time. However, staff would like some informal concurrence from the Council as to their agree- ment to these special workshop meetings pertaining to preparation of a public hearing for these two projects. 3 Agenda Information Memo October 15, 1982 Page Three CONSENT 'AGENDAi There are seven items to be considered under the agenda referred to as consent items which requires one motion for approval of all items. If there is any item the Council wishes to discuss in detail that item should be placed under Additional Items unless the discus- sion required is brief. ST. JOHN NEUMANN TEMPORARY LICENSES A. Don O'Grady for Temporary Bingo & Non -Intoxicating Liquor Licenses for St. John Neumann Church for 11-21-82 -- An application was submitted by Don O'Grady who resides at 3770 South Hills Court, Eagan, Minnesota, representing St. John Neumann Church for a tem- porary bingo license and temporary non -intoxicating malt liquor license for a bingo event to be held on November 21, 1982 at St. John Neumann Church. ACTION TO BE CONSIDERED ON THIS ITEM: To approve temporary bingo and non -intoxicating malt liquor licenses for St. John Neumann Church. TEMPORARY 3.2 LIQUOR LICENSE - ST. JOHN NEUMANN B. Anthony Lancette for St. John Neumann Church/Temporary Non - Intoxicating Malt Liquor License for Annual Fall Dance -- Applica- tion was made by Anthony Lancette, 1720 Crestridge Lane, Eagan, Minnesota, representing St. John Neumann Church, for a temporary non -intoxicating malt liquor license to be used November 12-13 for the Annual Fall Dance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the non -intoxica- ting malt liquor license for St. John Neumann Church for the Novem- ber 12-13 dance. PUBLIC HEARING FOR ORDINANCE CODIFICATION C. Establish Public Hearing for Ordinance Codification -- A public hearing is scheduled for the November 9, 1982 City Council meeting to consider and allow public input into the ordinance codification project that is currently being worked on by Roger Jensen, Municipal Ordinance Codifiers, Inc. Approximately one year ago, Roger Jensen was contracted by the City of Eagan to perform an ordinance codifi- cation of all City ordinances. The City staff, along with City Council representative Tom Egan have met with Roger Jensen on several occasions to work on all aspects of the codification. All ordinances have been incorporated into several chapters and are readily referenced in a table of contents. The City will ini- tially have one (1) ordinance that will adopt the entire City code which is comprised of all the ordinances which have been adopted a 0 0 Agenda Information Memo October 15, 1982 Page Four by the Town Board and City Council to date. It is estimated that the municipal ordinance codification will be effective January 1, 1983, and, therefore, a public hearing to consider any input or questions that the public might have is recommended for the November 9, 1982 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a public hearing to consider the ordinance codification at the November 9, 1982 meeting. 1983 BEER & LIQUOR RENEWALS D. On -Sale & Off -Sale Liquor, Wine, Club & On -Sale & Off -Sale Beer License Renewals for 1983 -- Enclosed on pages 6 through are on -sale liquor license, club license, wine- ii cense, off- sa a liquor license, on -sale beer license and off -sale beer license that are in order for renewal consideration for 1983. All license applications have been carefully reviewed by the City staff and are found to be in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM beer and liquor renewals for 1983. S To approve the aforementioned • 1983 ON SALE LIQUOR LICENSES Name & Address License Number Cedarvale Bowl 8 3883 Beau d Rue Dr Eagan MN 55122 Durnings 3 James Durning 4625 Nicols Rd Eagan MN 55122 Eagandale Club 6 3330 Pilot Knob Rd Eagan MN 55121 LaFonda De Acebo 7 3665 Sibley Memorial Hwy Eagan MN 55122 Mediterranean Cruise 10 Hussein Ansari 3945 Sibley Memorial Hwy Eagan MN 55122 Southfork 2 C & L Restaurant Inc 4185 So Robert Trail Eagan MN 55123 Starks Halfway Gary Starks 3125 Dodd Road Eagan MN 55123 4 Valley Lounge 5 Lois Tousignant 3385 Sibley Memorial Hwy Eagan MN 55122 Norman Vogelpohl 3434 Washington Dr Eagan MN 55122 J Council Approval - Date N 1983 CLUB LICENSE (LIQUOR) Name & Address Spur Inc 2750 Sibley Memorial Hwy Eagan MN 55121 1983 WINE LICENSES Name & Address Carbone's Fratelli Tre Inc 1665 Yankee Doodle Rd Eagan MN 55122 Diamond T Ranch Jerry Thomas 4889 Pilot Knob Road Eagan MN 55122 Italian Pie Shoppe James Basta 1438 Yankee Doodle Road Eagan MN 55122 Lee's Bar B Que Fred Lee 1989 Silver Bell Rd Eagan MN 55122 1983 OFF SALE LIQUOR LICENSES Name & Address Applebaum Companies Cedarvale Liquors 3900 Beau D Rue Drive Eagan MN 55122 Kennys Enterprises Kenneth Youngberg 1444 Yankee Doodle Rd Eagan MN 55122 Mark & Pamela McCrea 4330 Sequoia Dr Eagan MN 55122 J E Parranto 3804 Sibley Memorial Hwy Eagan MN 55122 Council Approval - Date % 0 License Number 1 License Number 3 1 2 5 License Number 1 2 4 3 .I a .. 4 0 1983 ON SALE BEER LICENSES Name & Address Airliner Motel Pui Man Wong 2788 Hwy 55 Eagan MN 55121 Carbone's Fratelli Tre Inc 1665 Yankee Doodle Rd Eagan MN 55122 Carriage Hills Country Club William Smith 3535 Wescott Hills Dr Eagan MN 55123 Diamond T Ranch Jerry Thomas 4889 Pilot Knob Raod Eagan MN 55122 Dragon Palace Frederick Ko 1466 Yankee Doodle Rd Eagan MN 55122 Italian Pie Shoppe Inc James Basta 1438 Yankee Doodle Rd Eagan MN 55122 Lee's Bar B Que Fred Lee 1989 Silver Bell Rd Eagan MN 55122 Mr D's Pizza John Kelly 3902 Beau D Rue Dr Eagan MN 55122 Parkview Golf Club Donald Larsen 1310 Cliff Road Eagan MN 55123 Piccolos Greg & Debra Heuer 4162 Pilot Knob Road Eagan MN 55122 Pizza Hut 3992 Sibley Memorial Hwy Eagan MN 55122 0 License Number 8 4 9 1 10 15 6 7 3 11 23 8 0 0 1983 ON SALE BEER LICENSES CONTINUED Name & Address License Number West End Hunting & Fishing Club 2 R R 2 Box 293 -Hwy 3 Rosemount MN 55068 1983 OFF SALE BEER LICENSES Name & Address License Number Applebaums Food Market 10 3910 Sibley Memorial Hwy Eagan MN 55122 Brooks Superette 1 4225 Nicols Rd Eagan MN 55122 Country Club Market 3 3820 Sibley Mem Hwy Eagan MN 55122 Parkview Golf Club 4 1310 Cliff Rd Eagan MN 55123 PDQ Food of MN 9 4160 Pilot Knob Rd Eagan MN 55122 PDQ Food of MN 8 1969 Silver Bell Rd Eagan MN 55122 Q Petroleum 12 4206 Nicols Rd Eagan MN 55122 Superamerica 5 Hwy 13 & Co Rd 30 Eagan MN 55122 Tom Thumb 7 3904 Beau D Rue Dr Eagan MN 55122 Tom Thumb 11 1430 Yankee Doodle Rd Eagan MN 55122 Fi Council Approval - Date 0 0 Agenda Information Memo October 15, 1982 Page Five PETITION/ROBIN LANE STREETS E. Receive Petition, Robin Lane (Streets) -- Enclosed on pages /f through 13 are copies of the petition and location map otte property owners requesting the improvement of Robin Lane from Blackhawk Road to T.H. 13. As the Council may recall, the staff discussed the possibilities of this petition being submitted at the October 5 Council meeting due to the necessity of providing access to Outlot A, Townview First Addition. The only other feasi- ble access would be through condemnaton of 1500 square feet over the existing entrance to the Manitou Townhouse development adjacent to Silver Bell Road. It is the understanding of the Director of Public Works that Metram Properties offered the townhouse associa- tion $25,000 ($726,000 per acre) to obtain mutual access rights over this singular entrance. Because the townhouse association is reluctant to cooperate with Metram Properties, this petition for street improvement over Robin Lane is the only alternative available to provide access to this development. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for improving Robin Lane and authorize the preparation of feasi- bility report # /D C • • I FOR CITY USE ONLY PETITION Petition # Date Received /p— g_8;2 Presented to Council LOCATION/SUBDIVISION Robin Lane Between Blackhawk Road and Highway 13 I/we, the undersigned, owners of the real property adjacent to ROBIN LANE (Street) or within Subdivision, hereby petition Street improvements X Sanitary Sewer Water Supply (Check"requested items) Storm Sewer Street Lights X C Other (Explain) l I/we understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/we understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of public , hearing, I/we hereby guarantee payment for all costs incurred in the preparation of this feasibility report. Signature of Land Ovmer Address of Proverty 1. 2.— — — 7. 8. — 7 I 4 'tb + t'Lry 1'' • { y ' 0 � i �A� eF •� I n. c� ;E 12 'y Ir 0 _ LQ B cr azyr L=7 4 • . �'a•1 f�' P4 .. �yy .: r' - _• D'r✓in 8 kbLsrf bio dress an y0 NRI �78 WO Ij Zr � :'� P A Il •7Y 4 J • - L ' . _ r~ IO / MNU TG 'JT4LL4N0 OI �� ✓� 7s�. ... oro -Ss �s ✓ �^ _ tC mtm 9iy Q 1.4sW V G� o.. S �. EAGAN -M ER 'O • �` �'M' CENTE ' rte• `�..�L% � "/•. � •��- .. i err v' } yr,•I•,:. � a ,•' : .t : n rR� rrr ep •::i:�.;fi�i::i �:: �'•::'•. �'•::•:::'::� �:.}::.}:i: +rss.) •a rJc.c rr ';- S •'•1%4,7ij+1�:.. Jehn 6 ✓rna/ a %' b J •};::{'...T! •• •. r:.. LGPOV .rot ur ,••,••••,•,�, •., ,•��.�',''•: `rte: r:/:: LSLuerLLe Ca9wlta r ;e9a;tr::lyr;:: a <. 1 ti tr � as :LaT 4 � •) rJr trr c r 7 L S. ' f A ad T IA T.: ;:.'13C;lG:,[1i?j�:::IPC!t1ii0;i::::: O __II u�• Z6 No L: e a s' r t' t' .q s°. j• t T-•-r�YL l-C ?Y �•:�{.�'':::�i}.i.�:�:'�ir::'�::•f':} ::;}:tip::}:}::::%{:��:�':; F GC f. ' H..q JKa. 1 ::kiie;:ii3K:JJik:t'` 1 :..itie-,S •.':::•'�L:�:':�'. t •r.•.; / •r•r • Prribrir 6 Oaat•• '`:: ":�:::.:•:::•; :•.}.. •.Yr tTri:�::: 7 .. LttNrrt• rv. , _ •:.V:::: i' :::::ti•: :�. ••• sa•IL ,r P �_ i Mr' y A-. JN/Nnd ar.10 }};V,F,TjQF:?':i':•-:: �t '�' Sw Oro- O/Jan n .�,r ,•j:_::':•::: }::i::?ti.i}': 1 z ] • s B P : ,rrG a e. 6 Matti L ••••.i•.•i. 1l Bra wrr 1, 1 XL 2irhare• 6 Thr/tM I ` • t \ a O Y :;��•••••••• 4` ,Purg rT I p9o_vf JU•r a j Q fil 'i„'�i� a by • \� gBLK.21 I �M t 2 ] • z ] ° i'.'..•r+.. t e 1 • ! t :o. • Agenda Information Memo October 15, 1982 Page Six CONTRACT #81-5 F. Contract #81-5, Final Payment & Acceptance (Cinnamon Ridge First Addition, Twin View Manor Second Addition, et al - Utilities) -- The City has received a request for final payment through the consulting engineering firm along with a certification of compliance with approved plans and specifications and a recommendation for acceptance for perpetual maintenance. All inspections have been performed by representatives of the Public Works Department and all requirements associated with this contract have been fulfilled by the contractor. Contract #81-5 provided for the installation of utilities to the Cinnamon Ridge First Addition (Project #346A), Univac Semi Conductor facility (#337A), Twin View Manor Second Addition (#335A). ACTION TO BE CONSIDERED ON THIS ITEM: To approve the eighth and final payment of $2,000 for Contract #81-5 to Barbarossa & Sons, Inc., and accept these improvements for perpetual maintenance. CONTRACT #81-13 C. Contract #81-13, Final Payment & Acceptance (Windcrest Second, Windtree Second -- Utilities) -- The City has received a request for final payment through the consulting engineering firm along with a certification of compliance of approved plans and specifica- tions and a recommendation for acceptance. All inspections have been performed with representatives of the Public Works Department. All conditions required by this contract have been satisfactorily complied with. Contract #81-13 provided for the installation of utilities to Windcrest Second Addition (Project #340A), Windtree Second Addition (#341A) and Park Cliff First Addition Storm Sewer Extension (#359). ACTION TO BE CONSIDERED ON THIS ITEM: To approve the fifth and final payment for Contract #781-13 to Erickson Construction Company in the amount of $14,911.48 and to accept these improvements for perpetual maintenance. i'q- 9 0 Agenda Information Memo October 15, 1982 Page Seven PUBLIC:HEAR'INGS VACATION OF TRAIL EASEMENT/BRITTANY ADDITION A. Vacation of Trail Easement/Brittany Addition -- Enclosed on pages Idthrough .17 are copies of a memo from the Director of Parks 5 It creation a� a map which explain the conditions which have led to the recommendation of the Parks & Recreation Committee that this trail easement be vacated. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the Parks & Recreation Committee that the trail ease- ment in the Brittany Addition be vacated. /S • • October 15, 1982 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: TRAIL EASEMENT VACATION; BRITTANY MANOR Background: The City had previously obtained a 30 foot wide trail easement in the platting of Brittany Manor First Addition. This ease- ment proceeds easterly from Johnny Cake Ridge Road, at approxi- mately the half -section line, in the Brittany Manor Addition. The purpose of this trail easement was to gain access to a 20 foot utility (sewer) line easement in anticipation of the City developing a trail over the utility easement. The utility easement continues in a north east direction through the Johnny Cake Ridge addition, and would have provided an "internal trail link" between Johnny Cake Ridge Road and Cliff Road. Sometime after the City obtained the 30 foot wide trail easement; the platting of the Johnny Cake Ridge addition came about. The William Brothers pipeline crossed through this addition, and the City was able to obtain a trails dedication from the developer. The City now owns this pipeline easement, and has indicated its potentialas a trail link between Johnny Cake Road and Cliff. This trail dedication would, therefore, duplicate the intent of the original 30 foot easement; making this 30 foot easement un- necessary for parks purposes. The Advisory Parks and Recreation Committee reviewed this issue at its meeting of August 5, 1982 and recommended that the 30 foot easement in Brittany Manor be vacated. Should you have questions in regards to this, please contact me. Attached: Map n 16 ' t ' � ry ` 1 i % t"'" . �i ''}d a• L,,`;, j� 1:a. t-" • �t• �,�yvif; - i`- . _-.{^'' I_I ... • � q A v, p qfp f, • d7as1 ♦: •1 Zq' p .. �: I ( �', .Y�.�fi f t:.� •• v. � i •SY:.. '• • t aw pwn• r p '.�:. 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''ey S° a yl� �`,:_ � \ d ,'�\I Ile Q }r�--a-�{��--r-�j1 � , p ! � •4'::: 4, � .n„.yy3 +,y AVO/•� j / � t, •. \�� �'I yjy 1 { '/O)f TM1w� F� :.r"t1�"'^: 9(b lj, 1 w,y • i )'• i''T1.., !_• mISP :. ..�i Q d F 3aa A' t�• i ��sk i;4o.,'I t ,.q/a + ebb —O�ti ��wr a {m,br!),x• w �/ /! • "L ^•.!n{.: • !�1 ,'l� P :e •. 3,qH �''1 !.. _I' •� 7 _' f ° v. ..e •^="/ ('n ' L• - •�• •{ •.•. N?d. �'r V �T7z �Z °. ; •` %+ T . '.S,aS ,4.: • , .+ '- r, is : / . •^� ; .i �•`r:� Mr VW 1/ 147 41 rj f 'y •. ♦. z i Vb Q•1'•P. •,'J .r4• :v � .• i(_p 4 t �•. � n.: ?''�5: .•t.}iAY„ 'r •'•u `�• u U , it -' , , ����q�,T�'\�'✓� 4 �.ii ri C ••..h•••w.. :� •,'`,. q � •..;:.}:4+d.'::Cl., . ,Z 1 f S ` �L% �}' • } �}'�' I I `�:I�`l is 1 �O!(J. ••''Y:?5::�, ,•�•• .. ::rv:•.:4.; 0 0 Agenda Information Memo October 15, 1982 Page Eight OLD-BUSINE,Sfi: SHEFFIELD ADDITION A. Sheffield Addition: Request for Clarification/Gabbert Develop- ment Company -- At the last regular meeting of the City Council, action was taken to deny the preliminary plat entitled Sheffield Addition. The developer, Gabbert Development Company, and the property owner, Jim Curry, have requested time to appear before the City Council and ask for a clarification on the action that was taken at the October 5, 1982 meeting. It was the opinion of the developer after the September 21, 1982 City Council meeting that it was the desire of the City Council that all lots contain a minimum square footage of 7500 square feet and a front yard width at the setback line of at least a 60 foot minimum. The plat that was presented at the October 5, 1982 meeting did proposed those minimums. Due to the fact that the developer had provided a second set of numbers on the drawings that showed the lot width less than 60 feet at the location of the street, it might have caused a mis- interpretation of the drawing. Mr. Gabbert has written a letter, a copy of which is enclosed on pages it? through 2,0 requesting time on the agenda. Mr. Rod Hardy, vice president oF—Sienna Cor- poration has submitted a letter to Mayor Blomquist asking for a letter reasons for denial of the preliminary plat. A letter has not been drafted to the Sienna Corporation due to the special re- quest by Gabbert Development to appear before the City Council. A copy of that letter is enclosed on page Z) Copies of the Advisory Planning Commission minutes, Cityou— ncif minutes of the September 21 and October 5 meetings are enclosed on pages 2 Z thru 25' for your reference. For additional information, refer to pages 2 6 through 3) taken from the October 5 City Council packet. ACTION TO BE CONSIDERED ON THIS ITEM: To take no action remaining consistent with the action taken at the October 5, 1982 meeting or to reconsider the recommendation of the Advisory Planning Com- mission that was presented to the City Council for consideration at the October 5, 1982 meeting. 9E GABBERT DEVELOPMENT 1055 E. Wayzata Blvd. Wayzata, MN 55391 October 12, 1982 Mr. Tom Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: Because both the staff and the developer believe that the Sheffield Plat submitted October 5 met the requests of the council from September 21, we are requesting that the action taken by the council on October 5 be scheduled for discussion at the October 19 council meeting. A vote was requested by the developer only because staff and developer believed the plat was designed as requested at the previous meeting. The vote was also taken unexpectedly before the developer, staff and council were able to discuss any misunderstandings or differences and negotiate those differences into an acceptable agreement for both parties. Please have council address itself to the 2 following items. Please give us written clarification why the Sheffield plat was denied. The minutes from the council meeting dated September 21 states the council tabled the proposed plat and requested all lots to be "60 feet wide at lot front width". Ordinance 52 defines "lot width" to be measured at minimum front yard setback. As requested, on October 5 the developer presented two layouts to choose from, all with lots no smaller than 60 feet wide at lot width. The staff believes the plat was not clear and the council confused the widths on the street for the lot widths and, therefore, thought the lots were less than 60 feet wide. On the straight streets, the lots are 60 feet wide or larger at both the buildings set back and on the street. The wedge shaped lots on a curved street are 60 feet wide or larger at the building set back, but, of course, less on the street (approximately 40-50 feet). The developer and the staff felt it was clear the council did not want 60 feet on the street on the wedge shaped lots, since every single family development in Eagan with wedge shaped lots has less than 60 feet on the street. Please clarify. J� E Mr. Tom Hedges Page 2 October 12, 1982 Because of the misunderstanding surrounding this plat, we request council to re -open hearings tonightversus starting over at planning commission on a plat that would, essentially, be the same and cause unnecessary time delays that would create a financial hardship on the developer. Sincerely, David Gabbert Gabbert Development DG/ch ZO Sienna JV � L 'J IJ(✓�. PLANNERS DEVELOPERS CONTRACTORS 4940 VIKING DRIVE- SUITE 608• PENTAGON OFFICE PARK • MINNEAPOLIS. MN 55435-(612) 835-2808 October 11, 1982 Ms. Bea Bloomquist Mayor City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Re: Sheffield Addition Dear Madam Mayor: On behalf of Lexington South Associates, owner of the land in the Lexington South P.D. subject to a preliminary plat applica- tion submitted by Gabbert Development, Inc., we hereby request in writing the reasons for the decision to deny the preliminary plat of Sheffield Addition on October 5, 1982. We are concerned that the mutual rights and obligations under the P.D. Agreement have not been abridged. This request is to formalize the request we made at the Council Meeting on October 5, 1982. Thank you for taking care of this matter. Sincerel yours, Aey Ha d Vice President cc: Mr. Thomas Hedges Gabbert Development, Inc. 2k APC Minutes August 24, 1982 0 0 SHEFFIELD ADDITION - PRELIMINARY PLAT The hearing regarding the application of Gabbert Development, Inc. for preliminary plat approval of Sheffield Addition in Lexington South Planned Development, north of Cliff Road, adjoining Wilderness Run Road, was opened by the Chairman. Wally Gabbert appeared for the applicant and noted that 11.36 acres were included containing 44 small single family lots. The parcel is currently zoned R-2 (Mixed Residential) with a density between 3 and 6 dwelling units per acre. The Land Use Guide designates parcel R-1 (Single Family Residential) with a density of 0 to 3 dwelling units per acre. The proposed development contains 3.8 dwelling units per gross acre and 4.65 dwelling units per net acre. Mr. Gabbert indicated the consumer prefers single family and that the lots generally are 50 feet in width at the front lot line except four larger lots. It was noted also that the eyebrow and the lots on the curve would be less than 50 feet at the street line. He displayed drawings of four proposed homes to be constructed on the lots and noted that certain lots could accommodate 45 foot frontages with the homes proposed. A number of neighboring residents from Lakewood Hills Addition appeared and had strong concerns about the pond to the north of their property and the possi- bility of development causing additional drainage with the resulting assess- ments to the Lakewood Hills owners. Mr. Colbert explained the City's pond and storm drainage policy and method of assessments for storm sewer purposes. Pam Lane stated she was concerned about lot widths and the impact of a greater number of people on schools, streets, etc. Mr. Gabbert stated the prices would be in the $60,000.00 range. He also compared lot widths and gross square footage in other subdivisions with smaller than minimum lot size re- quirements. All except four lots would contain about 7,500 square feet. Mr. Colbert was concerned about the 20 foot driveway widths in the eyebrow and only 10 feet between driveways, which would not be sufficient snow storage area. Mr. Krob stated he did not favor 50 foot width lots and 32 feet widths at the eyebrows. Mr. Gabbert indicated that it would be possible to narrow the width of certain lots to 45 feet and increase the widths adjoining the eyebrow. He also stated that he would agree to widen the access street with Oakwood Heights Addition. Member McCrea recommended reducing the lots to provide minimum 50 foot lot widths, including those adjoining the eyebrow. It was also recommended that staff study the minimum width of lots and minimum lot sizes with further review by the Planning Commission. It was noted that there was park land on the west and pond on the east. Krob then moved, McCrea seconded the motion to recommend approval of the application, subject to the following: 1. Reduction of the number of lots in the subdivision to provide mini- mum 50 foot lot widths at the street line on all lots. 2. A development agreement shall be executed prior to the final plat approval of Sheffield Addition. 3. No variances for side setbacks or lot coverage shall be approved unless related to trees or topographic hardship for the particular lot as determined by the City. 22 3 0 0 APC Minutes August 24, 1982 4. The easterly access of the looped street shall be -shifted westerly in order to obtain a 4 -way intersection with the access of Oakwood Heights. 5. No direct access shall be allowed from Wilderness Run Road. 6. A blanket variance or deviation would be allowed to create the smaller single family lots in accordance with the planned development. 7. An 80 foot right-of-way for Wilderness Run Road shall be dedicated if not previously dedicated under Oakwood Heights preliminary plat. 8. The east intersection at Wilderness Run Road shall be relocated to provide proper allignment or separation with the private drive for Oakwood Heights. 9. This development shall accept all standard City assessments levied and assigned to it. 10. A detailed grading, drainage and erosion control plan shall be submitted and approved by the City prior to final plat approval. 11. If installed privately, the utility layout and design shall be as approved by the City. 12. Necessary ponding easements must be dedicatd along the easterly tiorder of this development and also for the southwest corner of the develop- ment as a part of the final plat. 13• A 10 foot drainage and utility easement shall be dedicated adjacent to all public rights-of-way, private property and centered over all internal lot lines, except for the proposed storm sewer locations which shall be 20 feet wide. All voted in favor except Turnham who voted no. WEDGWOOD IST ADDITION - SETBACK VARIANCE The public hearing regarding the application of Sienna Corporation for variance from front setback for Lots 19 through 26, Block 1, Wedgwood lst Addition was next convened. Rod Hardy appeared for the applicant and re- quested a maximum 10 foot setback variance from the 30 foot front setback requirements for the lots mentioned above. John Hankinson also appeared for Sienna Corporation. Mr. Hardy noted that in order to fulfill FHA and VA requirements, it would be necessary to have no greater than 3 to 1 slope and also, that a significant number of trees would be removed in the back yards, which are very steep, if the application is not granted. It was noted also that there may be a request for an additional five lots but no action would be taken at the present time. It was also noted that trees and topographic 2.3 4 Council Minutes September 21, 1982 0 PRELIXINARY PLAT - SHEFFIELD ADDITION An application of Gabbert Development, Inc. for preliminary plat of Sheffield Addition consisting of 11.3 acres and containing 42 small single family lots was then brought before the Council. Mr. Wally Gabbert appeared on behalf of the applicant. The Advisory Planning Commission recommended approval at its August 24, 1982 meeting. Mr. Gabbert indicated that the plat had been reduced from 44 to 42 lots to allow 50 foot minimum lot widths in all lots of the proposed plat. He indicated that it was his understanding that the development was zoned R-2 allowing duplex development but that it was the Petitioner's belief that small single family homes were more appropriate. He indicated that the gross density was approximately 3.69 units per acre. Mayor Blomquist indicated to Mr. Gabbert that in actuality, the Council was more concerned about net density and that the net density was 4.65 or 4.44 units per acre, which was on the high side of the range of density allowed within the concept zoning for planned development. Mr. Gabbert was advised that the area to be platted did not have R-2 zoning nor was it designated R -II on the Comprehensive Plan. R-2 designation was merely a concept in general, approved for the planned development. It was indicated that the Council had complete discretion to approve or disapprove of the proposed plat including aesthetics, configuration, community need, continuity within the planned de- velopment, etc. Councilmember Egan indicated that frontage widths of single family housing within planned developments was rapidly shrinking without serious consideration on the part of developers and the City. He indicated that the minimum lot width in Wedgewood Addition had been 70 feet, in Northview Meadows it had been 60 feet and now this addition'was being proposed as 50 feet. A great deal of concern was expressed regarding the abandonment of Lot frontage width minimums and the disguising of high density by minimal single lots described as R-1 use. Lot widths less than the minimum allowed in the zoning ordinance may be allowed in a planned development. The Council does have the discretion to determine whether such a configuration within a planned development meets the needs of the community and will provide a plat which is aesthetically pleasing both to the planned development and the community at large. Egan moved, Wachter seconded a motion to continue the matter to the October 5,' 1982 meeting provided the developer and staff could develop a plat allowing for minimum 60 foot lot frontage widths. All voted in favor. ;L4 8 0 0 City Council Minutes October 5, 1982 fact that the property owner indicated that it is cost prohibitive to move the building and that it would be situated in a front yard that would not conform with the setbacks from streets; further, subject to the preparation of Findings of Fact and Conclusions of Law to be submitted to the City Council for approval at its next regular meeting. Council Wachter indicated that he favored the motion in that the owners bought their lots or homes and assumed that lots would be retained at the same size, density and uses as had been provided under the Covenants and Restrictions relating to the subdivision. All members voted yes. SHEFFIELD ADDITION - PRELIMINARY PLAT The application of Gabbert Development, Inc. for preliminary plat approval of Sheffield Addition consisting of 11.36 acres, containing 44 single family lots was then reviewed by the council. The application had been heard by the City Council on September 21 and the recommendation from the Advisory Planning Commission to approve the preliminary plat was given consideration. The Council then had a number of concerns with reduction in lot size and requested that the developer and the staff reconsider the lot sizes and increase the lot frontages to at least 60 feet per lot as indicated in the Resolution of the September 21 meeting. Wallace Gabbert was present and Councilmembers indicated there was no substantial changes in lot widths. It was further noted that a number of lots were less than 60 feet at the front lot line and Councilman Egan who made the earlier motion, indicated that it did not conform with the Council directive. Wachter moved, Egan seconded the motion to deny the application for preliminary plat, based upon the fact that the lots did not conform with the widths requested by the Council which requires a variance in excess of what the Council determined to be adequate planning; it was further understood that the applicant could resubmit its application to the City for further review by the Planning Commission and Council. Mr. Gabbert indicated that the two plans submitted provided for all lots at the building setback line of a minimum of 60 feet and requested approval of the application. Those in favor were Blomquist, Wachter and Egan. Those against were Smith and Thomas. Mr. Rod Hardy was present on behalf of the seller, Lexington South, and requested a written explanation or the basis for the council's action. MAYOR BLOMQDIST'S BIRTHDAY The Council, together with other persons present, celebrated the birthday of Mayor Blomquist and offered good wishes to the Mayor. LEXINGTON PLACE - PRELIMINARY PLAT An application of Orrin Thompson -U. S. Homes for extension of time for submission and approval of the final plat of Lexington Place was considered by the Council. The matter had been continued from the September 21 meeting. Bob Carlson of Thompson Homes was present and he stated that screening is being installed on Cliff Road adjacent to Ridgecliffe and that an attempt is being made to resolve the location of farm equipment on a neighboring owner's as 6 TO: THOMAS L. HEDGES, CI'T'Y ADMINISTRATOR F W: DALE C. RUNKLE, CITY PLANNER DATE: SEPTEMBER 30, 1982 RE: UPDATE ON SHEFFIELD PRELIMINARY PIAT At the September 21, 1982 City.Council meeting, there seeped to.be some confusion between Flamed Development zoning and densities designated in the Eagan Comprehensive Guide Plan. In 1975, the City of Eagan approved the Lexington South Planned Development consisting of approximately 1,140 acres. In this Planned Development, there were 695 acres of residential development ranging from single family to multiple development. In the attached exhibit is the land use approved by the City Council in 1975. The area of concern, or the area where Sheffield is proposed, is desig- nated as an R-2 (Mixed Residential, 3-6 units per acre). In the Plan- ned Development zoning, the developer has the right to develop between 3-6 units per acre and be consistent with the Planned Development agree- ment for Lexington South Planned Development. Therefore, the developer has the option as to what density he selects between the 3 and 6 dwelling units per acre. The Comprehensive Land Use Guide also uses the same legend as was used in the Lexington South Planned Development. This is where the confusion appears to be is in regard to the same legend in the Comprehensive Guide Plan as in the Lexington South Planned Development. The Comprehensive Guide Plan should be used only to guide development where areas in the City have not been zoned or if there is a proposed zoning change, the Com- prehensive Guide Plan should be used to guide the development toward the overall plan that the City is trying to implement. In reviewing the Eagan Comprehensive Guide Plan, Chapter X, Page 6, Paragraph H defines the re- lationship between Comprehensive Guide Plan and zoning. Enclosed is this portion of the Comprehensive Guide Plan for your review. The second concern regarding Sheffield Addition which was expressed at the September 21, 1982 City Council meeting was in regard to the small single family lots. Even though the developer is within the density allowed in the Lexington South Planned Development, the City Council still has the option to approve the detailed plan. It is staff's understanding that the Council has the right to recommend that the developer be allowed spall single family lots, twin hones or duplex, or townhouse to be constructed within the 3-6 dwelling units per acre. Therefore, density should not be the issue but the design as to what type of dwelling units the City wishes to provide should be the issue to be considered. In regard to the small single family lots, the City Council indicated that 50' widths were too narrow and that 60' would be more favorable if single family were to be allowed within this general area. The developer has re- vised the detailed plan in accordance with the recommendations of the City Council. The developer has submitted two revised plans to be considered at the October 5, 1982 Council meeting. On Plan A, the applicant is pro- posing 42 single family lots. All lots have a 60' width at the 30' setback -}+-7- 26 Update on Sheffield Preliminary Plat September 30, 1982 Page two line of a public street. Plan A also proposes sliding the loop road approxi- mately 25-30' south of the original plan. This allows an additional eye -brow to be provided and maximize the land which contains Lots 1-15, Block 1, Shef- field Addition. The gross acreage of the development has not changed and still retains 11.36 acres. The public rights-of-way in the proposed plat is 2.3 acres and there would be 4.64 dwelling units per net acre. The second plan submitted is just keeping the existing loop street as proposed in the original plan. The applicant increased the lot size in order that all lots would have a 60' width at the 30' setback. This plan reduced the origi- nal lots by three and the new proposal will contain 39 single family lots. The acreage is the same as the original plan of 11.36 acres, public rights- of-way would contain 1.90 acres and there would be 3.433 units per net acre. The applicant is prepared to review each of the revised plans with the city Council at the October 5th meeting. The applicant is still proposing to con- struct single family lots instead of proposing duplex or townhouse develop- ment on this particular site. If anyone has any questions regarding the revised plans or would like further information, please feel free to contact me at the Eagan city Hall. 1` DCRZjach 44- a1 % lL Y• to -i �.•,^ .: ,-^!a '' Lexington South W''�\•� � K•l- !%;'• ,11�"I 1 RSB •Rep f� •'j7 • ::J+r'"4Y++r j 2-2A Reo•Res r eP'„kal'+: i • : Fi• •sv :i il• r�.`�!.9! B1i 3 Ra] -Ives + ..••�''rS- Re] -Rae ' R4 • 'scma > > J.� , • ii "' !" :4"f �' :•.1rr?tip.\�17 R4' — "i',-•i:.1.1;�'_�:�'.y-i4t�^f�-''�.y.;';n .•♦ ; SJR"u P'ul'es i'''ii.. �� �i�, iaG '.jl -•/ .. .:•�•'': •.t o - a .•s . a. �..e �•F• R 2•:irk" ' •+•• ; it 1.. . .... .1J. Land Use Plan at .E loa.w,.y sa wla..ww'vW ■a w....ysna..,.y M w.nyy Ip�we� U a.a.a as s•.r. w FY•7tti 0 1 0( H. Relationship Between Comprehensive Guide Plan & Zoning In the implementation of the Eagan Comprehensive Guide Plan, the City does not expect to initiate a rezoning of all of the areas where a conflict may exist between Comprehensive Guide Plan Land Use proposals and existing zoning. There may be isolated instances where a rezoning may be initiated by the City to resolve a land use conflict that is currently adversely affecting land values. These would be the exception rather than the norm. The City of Eagan has executed several Planned Development Agreements over the past several years. There are many instan- ces where the Planned Developments show higher densities or more extensive commercial development than that proposed under the Comprehensive Guide Plan.. These are not necessarily con- sidered conflicts between zoning and the Comprehensive Plan; rather, they are viewed as current trends and an expression of development patterns that the City expects to occur. Time has shown that some of the Planned Development proposals may be unrealistic in terms of density and rate of development. However, the development is permitted to occur as specified in the Planned Development Agreements. Adjustments may occur as the final development plans for the various Planned Develop- ments are approved by the City. This is expected to continue to be the pattern and the Comprehensive Plan should not be Interpreted to mean that the City is going to undertake re- visions of these Planned Development Agreements. In any instance, the Eagan Comprehensive Guide Plan should be viewed as a guide as described herein and in other Sections Of this Comprehensive Plan. It is expected to be utilized by the Planning Commission during the next decade as a guide in their deliberations with property owners and developers and in planning for municipal services to accomodate the pro- jected growth of the City. X-6 PJA N ..e Sxr.rr».i.D V 4 p QY: GR90((f D[ul.00M[NT IYC, '�u • JL•ule •a 11rch ,.. �. 'M1„�,;. 15I- ...... 3._. � ��.� �' ,z w i x 14 - Cl 4Cl 1 .B " A\. Y b I x V r• ' • ` ` \ , i _� P•¢ • ','\� 9mYa• 'Ibwo 1Z - — __ i A i Co Wr�xo �'q 8 ?'[, lHno S.. re roes, 7WG - Z(o •. r� 'i� - « � [ I .. l a I "'•\t. L?e.a wo++., MmN. 5504• � °°� ,•• - A.aue1 •123.1149 .---� 25 • \ / `.�_ . _ _. _ ..___. [ W 4 / ''i, Sanra..,ale 2a,'..BZ ' •% a u J J� � a e � 24 a ..a _ a ♦._ ..may._ a _ _..... _'_. "_'—. _ 2 •• .. � T"014K•af 23 pw• Rx: 1,,,• •.r• r,..a ! ,�.. lwr _. 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DIWs 150e' \m 2(n 1 �•. 13 ' 112 ;Al 10 9 � l ' 6 IS ! . •leo: l varrena✓. t 140 Sr/w. de,'S N[ I •i 9 1 •' ,f V r .l 7,md � f:Ub /9u•4 T. /A.4J DS'.. fA 1 25 bl[ A _ ^ ,nu i ' RI VJeo: Senn Neu tD,N• 1 a, ... •• .. r n „ 1Y V Il�llee C I Y Yom• w Z I r M q ` ry ! •> A a�91o,' Ire: �' d'�: P'f� .�• 2J : R I an: r qP.:O 'am •' •Iuu d't 1 q;pD,•J 4,w'R nand 10.9we'= land r LLMd f4. 22 2L 20 19 l8 17 It, Lq 14 13 12 11 10 \ w re w nl 't r• (Dn aad,adf Ir Awl DDrd•ry . CN1wi+r.w1 1) un. An • 11.%. W.1 I) Uem P• 1m n, .•.•, 1. L.16 . 4944'. P+, mu l.915o1 " ) 11...11 2.L•.1114• I.no A" 59 LOTS ,1 fe.uaro ry4, Slr. p !) Juq P. • 11.. r.. T.... Mr!•N 2,•n.1 W.1. 1,123 u•.1, - 0 0 Agenda Information Memo October 15, 1982 Page Nine SUBDIVISION ORDINANCE B. Subdivision Ordinance -- For the past two years, the planning consultant, Mr. John Voss of Urban Planning and Design, City Planner Dale Runkle, Director of Public Works Tom Colbert, intern staff and the City Attorney's office at the direction and with the coor- dination of the City Administrator's office have been working toward completion of a new subdivision ordinance to replace. ordinance #10 which currently provides subdivision regulations. This ordi- nance contains language that will satisfy certain regulations and requirements set forth by the Metropolitan Council under the land planning act and also provides and coordinates all subdivision requirements that have been modified or changed by the City Council during the past several years. Joint meetings between Advisory Planning Commission members and the City Council have been held to provide necessary work sessions, City staff has spent many hours with developers and the Planning Commission has reviewed the pro- posed ordinance on several occasions. The City Council reviewed the subdivision ordinance at a special City Council meeting workshop session on October 12, 1982 and is suggesting its approval at the October 19 meeting. This ordinance will be included in the ordi- nance codification and become a separate chapter in that document. Due to the length of the subdivision ordinance, a copy was not included in this City Council packet; however, reference should be made to the 10-5-82 copy which is the final draft being consi- dered for adoption. ACTION TO BE CONSIDERED ON THIS ITEM: To approve with or without modification the subdivision ordinance as recommended for adoption by the Advisory Planning Commission. WATER TREATMENT PROJECT C. Water Treatment Project -- At a regular meeting held on July 20, 1982, a decision to treat the water system was approved by the City Council. The Public Works Committee and City staff were directed to review an Aquadene (chemical) treatment and further consideration for the construction of a water treatment plant. The Public Works Committee has met with sales representatives of the Aquadene chemical application and the entire City Council has reviewed two (2) types of water treatment plant facilities within the Metropolitan area. The two plants that were toured were the City of Burnsville and City of Plymouth. After reviewing a report by the Director of Public Works and information learned on the field trips, it was the consensus of the City Council at a special City Council meeting workshop held on October 12, 1982 that a gravi- ty system water treatment plant be constructed. A water treatment 31 0 0 Agenda Information Memo October 15, 1982 Page Ten plant will provide for the removal of iron and manganese from the water system and provide for a centralized water treatment facility in future years to come if there should ever be reason or need to provide any additional or subsequent treatment to the City's water system. The following is the anticipated time schedule for design, construction bids and construction of a water treatment plant: Authorization to Prepare Plans & Specs October 19, 1982 Approve Plans & Specs & Authorize Adv. for Bids April 5, 1983 Award Contract May 17, 1983 Begin Construction June 1, 1983 Completion & Start Up Sept/Oct 1984 The City Administrator and Director of Public Works were directed at the workshop session to request an RFP from the firm of Bones- troo, Rosene, Anderlik & Associates for the purpose of designing and providing construction management for the water treatment plant project. The RFP was received and reviewed by the City staff on October 14, 1982 and a special report will be forthcoming from the Director of Public Works and City Administrator upon their analysis as a part of the administrative packet on Monday, October 18, 1982. ACTION TO BE CONSIDERED ON THIS ITEM: of a 12 M.G.D. gravity filtration plant treatment of water in the City system 20, 1982 City Council action. 33 To authorize as the method as authorized construction of providing in the July Agenda Information Memo October 15, 1982 Page Eleven NEW BUSINESS WAIVER OF PLAT/RICHARD BUCHAN A. Richard J. 'Buchan for a Waiver of Plat to Split Off One Home- stead & Create a Five Acre Parcel -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on September 28, 1982 to consider an application sub- mitted by Richard Buchan for a waiver of plat to split off one homestead and create a five acre parcel. The APC is recommending approval of the waiver of plat to the City Council. For additional information on this item, refer to the City Planner's report, a copy of which is enclosed on pages through 4 a For a copy of the APC minutes, refer to page 3 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve the waiver of plat. 34 0 CITY OF EAGAN SUBJECT: WAIVER OF PIAT 0 APPLICANT: RICE M J. BUCHAN LOCATION: PART OF THE SVs OF THE NFA; OF SECTION 36 4695 DODD ROAD EXISTING ZONING: A (AGRICULTURAL DISTRICT) DATE OF PUBLIC HEARING: SEPTEMBER 28, 1982 DATE OF REPORT: SEPTEMBER 23, 1982 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED An application has been submitted requesting a waiver of plat to split off one homestead and create a 5 -acre parcel located in part of the SE; of the MA. of Section 36. Presently, Mr. Buchan has 6.2 acres located at 4695 Dodd Road. The applicant is requesting to split off 1.2 acres and keep as his existing homestead and create a 5 -acre parcel which he could sell and meet the minimum requirements for an Agri- cultural District. The 5 -acre parcel would allow one additional house to be plac- ed on this 5 acres. It is staff's understanding that Mr. Buchan is retired and wishes to remain living at his present location but does not want the financial burden nor the maintenance responsibility for the total 6.2 acre tract. There- fore, he is requesting to keep 1.2 acres which his house is located on and sell a 5 -acre agricultural parcel. In reviewing this parcel, there appears to be no utilities available .to this site at this time, and maybe some time in the future when the residents in this area agree to extend utilities south of Cliff Road dawn Dodd Road, utilities will be available to this parcel. Until the utilities are available to the site, the parcel cannot be fully developed in accordance with the land use guide plan desig- nation. Therefore, the Advisory Planning Commission will have to review this particular situation in allowing Mr. Buchan to split off the 1.2 acres and create the 5 -acre parcel. The concern staff has regarding a waiver of plat and splitting off agricul- tural land is in regard to the development potential of the 6.2 acres. If Mr. Buchan sells the 5 -acre parcel, it would allow only one additional residential unit on the 5 acres. Staff is concerned where that dwelling unit would be located in regard to the future development of that site. Mr. Buchan has provided an over- lay showing how the Parcel could ultimately develop when utilities are available to this site. This overlay satisfies the staff's concern regarding future devel- ' opment potential if the new home allowed on the 5 -acre tract would be located with- in one of the proposed lots in the overlay plan submitted. Mr. Buchan has 73S 9 0 WADM OF PIAT - RICHAFO J BUCHAN SE=SER PAGE indicated that he would require the house to be located in one of the lots and that an adequate right-of-way could be reserved for a public street when future development occurs. If the waiver of plat is approved, it should be subject to the following condi- tions: 1. Only one home shall be allowed on the 5-acre.paroel and this home shall be located within one of the lots proposed on the overlay plan. 2. Adequate rights-of-way should be planned in order that the street meets the City of Eagan's standards at the time development occurs. 3. This area shall be platted prior to any more development on the site. 4. The park dedication shall be satisfied for this newly -created parcel. 5. The applicant should not object to the installation of utilities when they are available to this area. 6. All easements shall be dedicated as requested by City staff. DCR/jach 36 01-1 L 10: ADVISORY PIANNING CU4-IISSICN, C/O DALE C. RU ME, CITY PLFsNNER FROM: RICHARD M. HEFTI, ASSISTANT CITY ENGINEER DATE: SEPTEMBER 22, 1982 RE: RICHARD C. BUCHAN - WAIVER OF PIAT IN SECTION 36 The Public Works Department has the following comments for consideration of the above -referenced waiver of plat: Currently, no sanitary sewer, storm sewer or water main exists which could serve this area. Water main is the closest and it only canes as far south as County Road 32 (Cliff Road). Residences in this area utilize septic tanks and drain - fields for sewage treatment and private wells for water supply. This will not be a concern until the 5 -acre parcel which is proposed to be created from this split is developed. At that time, consideration should be made as to serving this area with utilities. 0-9 7 '-JUI A W There are no outstanding assessments to be applied to this parcel nor will there be any as a result of implementing this waiver of plat. I will be available to discuss any aspect of this report with the Planning Canis- sion at their meeting on September 28, 1982. Respectfully submitted, 40�-e- A'or� Richard M. Heft., P.E. Assistant City Engineer Mel/j ach 37 9 ADDED PERTINENT INFORMATION 0 DEED RESTRICTIONS To be made part of the deed restrictions transferring the property. 1. No more than one single residence to be built on the 5 acres for ten years. This requirement may be waived in the event water and sewer becomes available sooner. 2. Residence must be started within 12 months of the closing date of the sale. 3. The front of the residnce must be at least 175 feet back (west) of the center line of Dodd road as referenced to the South East West property line. FUTURE. DEVEIORMT The proposed split has been made so as to facilitate platting the 5 acres into R1 residential lots as shown on the Ettached future development plan. OTBER INFORMATION Owner applicant- Richard J. Buchan Age - 70 occupation - Retired Univac 1975 6.2 acre land parcel- The land was purchased in 1967. The home, co4lpleted in 1969) is located in -the center of the 1.2 acres petitioned as shown to be split off. -3Cd -;' 31741.._ i all }moi .-1�--..i � / f / � ~ ._• `1 r \ n �� i-�/.V j f '�'l; 'il f,i 1! _, •Y�'�..-'•._r _ 14 ♦� ' --i �!:RN�ti `� ,'_-j_-;/r ii FLOM •r , 7.x/10• `���• ,' - � `' r -.-. _,'� :/•2 . Acess ------ . - PR91 Pa sF�' JPt�T o 9 N •340 Acre', it 1 .40Lkcre '{ r r j li IC �•r Ji/V ,l- .40T-Acrj 4o1 e •374 Acr 510) f L Il\ 90( 1 '� - ` ( / X11, -jjpy�- \ \ •'S / '� / / - ! , r •554 1 •374 Acr 510) _.F!/Tli�Pr- DcC'PL eilp��.vT P[.4•V--/C6iP - --- — -- =3 t? �..:�:rto t/sem 495 D0�4 Re.4 J. cD f L Il\ - ` ( / as r / '� / / - ! , r •554 1 � •1 5 7. l� • ti ; : l05 r _.F!/Tli�Pr- DcC'PL eilp��.vT P[.4•V--/C6iP - --- — -- =3 t? �..:�:rto t/sem 495 D0�4 Re.4 J. cD - ` 5 _ 1 � •1 5 ?7.73=- _.F!/Tli�Pr- DcC'PL eilp��.vT P[.4•V--/C6iP - --- — -- =3 t? �..:�:rto t/sem 495 D0�4 Re.4 J. cD : - MENUOI , is _• -` ! - _ /;. �. RB ,� . rrr- �T r U --F' GB. T =+r}, • ^ : Ind ' COMMERCIAL _ '�, ! R 1 L �j�,•::�1 i - _ �,c+ i .. PLANNED DEVELOPMENT Ind .... o,- +< c,L• ^,-. R RDI _ ✓ R 1. . P ;` .� :,:� _ri® •� �� '�.:I S 1 R Ind NB �J_I R-111 R -III R .1111 R-11 ��• FBF; P C ;.�. �IF 'z nd. i Q 8.111y .a R I~-- - r`�-. -,/uy Ind ' •,'� R -I ECO „„ ^-III . •.'i-4'' - •CRY :. i�/ I _ I. - p'� � � .�• - R•La;� ,: I � � � ." R -I R II`:, j R-11 � IN ..+ .R11 } HS za• 34iE R-11 R R -III a P R II � -11_ P-- �� �' :>.«. QQ� N •• 4 "' NB ! 7 t_1; i ,� R•III - RB R- Ir R-IIh RI�R III �„ R411 R-111' CSC/GB! I R -t I''.7 _: ,,, ?�� R -II �.w,R R-0 L. LCI• :� �P� Su JEC7 R -11 -II R-II-_T�(.,Ys_ pa=rs.r,.u'�.'I ...3 ® R-11. B YY�� (�1 . CSC rl VALLEY ' '� I j �-ROSEMOUNT� �I NI . I a 0 u 0 11 II 1� 11 I • II I I 11 11 0 0 APC Minutes September 28, 1982 RICHARD BDCHAN - WAIVER OF PLAT - DODD.ROAD The hearing regarding the application of Richard J. Buchan for waiver of plat to split off one homestead and create a 5 acre parcel located on Dodd Road in Section 36 was next convened. Mr. Buchan was present and he explained the reason for his request. He stated that he will file some deed restric- tions including some that relate to setbacks on the newly created 5 acre lot, noting a 1.2 acre parcel remained as his homestead. He agreed with the conditions recommended by the City staff and discussed alternates for future development of the property, including the possibility of rezoning to R-1. Staff recommended against R-1 use because one acre parcels could then be built on, noting there was no utilities in the area. Member Bohne objected to reducing one lot to 1.2 acres or less then 5 acres without utilities in order to split off a 5 acre parcel. Normally the city has allowed a split only when a residence is already located on the property and the remaining vacant parcel would be no less than 5 acres. After considerable discussion, Wilkins moved, Rrob seconded the motion to recommend approval of the application, subject to the following conditions: 1. Only one home shall be allowed on the 5 acre parcel and this home shall be located within one of the lots proposed on the overlay plan. 2. Adequate rights-of-way shall be planned in order that the street meets the City of Eagan's standards at the time development occurs. site. 3. This area shall be platted prior to any more development on the 4. The park dedication shall be satisfaied for this newly created parcel. 5. The applicant shall not object to the installation of utilities when they are availabe to this area and an appropriate agreement to this effect being signed by the owners. 6. All easements shall be dedicated as requested by City staff. All voted in favor except Bohne who voted against. -9.3 2 0 0 Agenda Information Memo October 15, 1982 Page Twelve PROPOSED PRELIMINARY PLAT FOR CLARKSON ADDITION B. Elmer L. & Dorothy A. Scott for Preliminary Plat, Clarkson Addition, Consisting of Approximately 3.88 Acres & Containing Two Lots -- A public hearing was held before the APC at their last regular meeting held on September 28, 1982 to consider a preliminary plat entitled Clarkson Place consisting of approximately 3.88 acres. The Advisory Planning Commission is recommending approval of the preliminary plat subject to conditions as set forth in the City Planner's report. For a copy of the City Planner's report, refer to pagesq-j through ,SO For a copy of the action that was taken by t eTi_ FG, refer to page S( .. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve the preliminary plat for Clarkson Addition. 49- 0 0 APPLICANT LOCATION: EXISTING ZONING DATE OF PUBLIC HEARING DATE OF REPORT REPORTED BY: }.. • 1 711 CITY OF EAGAN '71 1 11 N • 'N �71�1717 y1��1 •.•:,•�I.Iii�Y69JVi C' ymmalon- AM 171' • 1 1 771• Yy I' 71' SE; OF SECTION 24, CONSISTING ACRES DISTRICT) i171F7�•�;iihl: ii YY L �IU�I; An application has been submitted requesting preliminary plat approval, Clarkson Place, which consists of approximately 3.88 acres and will contain 2 ccamiercial lots. ZONING AND LAND USE Presently, the parcel is zoned GB (General Business District) or heavy cmirercial. The Land Use Guide designates this parcel as NB (Neighborhood Business District). However, it appears this parcel is developing more toward the General Business than the Neighborhood Business. Presently, the area proposed to be developed is just north of the Southfork Restau- rant. The area north of Southfork contains 3.88 acres of which Mr. Scott is pro- posing to subdivide into two commercial lots. It is staff's understanding that on Lot 2, Mr. Scott presently has a storage facility for construction and excavation vehicles. The area to the north, or Lot 1, Mr. Scott is proposing to sell for another storage area. In order to create this new lot, Mr. Scott has to comply with the subdivision regulations and plat the property into two lots. As stated earlier, the property is zoned GB and the definition in Ordinance 52 in regard to General Business zoning could allow this area to be designated for heavy commercial uses and "those businesses which tend to serve other businesses and in- dustry, as well as residents. These uses can be incompatible with residential development, therefore, businesses in this zoning classification are concentrated and insulated as much as possible from residential areas." It is staff's understanding that the subdivision proposed creating two lots would still contain Mr. Scott's business on Lot 2 and Lot 1 is being proposed to be sold to Mr. Fournier for the storage of refuse trucks. Ordinance 52, Subdivision 10B, allows storage facilities contained within a building as a permitted use. Any out- side storage would be subject to a conditional use permit. In talking with the Fourniers, it is staff's understanding that they would purchase the property, 4S 0 0 CITY OF y PPIMJDU24AM PLAT - CLARKSON PLACE AEPTEYBER 28, 1982 PAM • construct a storage building in accordance with the 1979 UBC codes and store the refuse trucks within a building. Therefore, the proposed use would be in confor- mance with the Zoning Ordinance. Presently, this area is not serviced with sanitary sewer or water, but it is staff's understanding that Ms. Scott or the Fourniers would not require sewer or water with their proposed storage facilities. Both applicants are aware that utilities are not available at this time and that it would be a nud)er of years before utilities could be provided to this site. The major issue on this subdivision is providing access to Lot 1. Presently, there is an access on the south line of Lot 2 which provides access to Lot 2. Instead of providing another access to provide an entrance on Lot 1, staff is looking at the possibility of providing one access which would serve both lots. T.H. 3 is a major highway and the least amount of direct access to T.H. 3 provides for better move- ment on T.H. 3. There is a possibility to provide access to Lot 1 on the very north line for this access. However, the applicant has indicated that he would be willing to grant an easement and have Lot 1 acquire access on the southern side of Lot 2 and have an easement over Lot 2 in order to get to the storage facility on Lot 1. The long range plan would be to provide a new access on the common lot line between Lot 1 and Lot 2. It is staff's understanding that the topography is rough at this location, and, in the future, when grading is done on the site that this access could be the major access for both lots. At the present time, the access on the southern part of Lot 2 and an easement to Lot 1 would allow adequate circulation for both lots at this time. If approved, the preliminary plat should be subject to the following conditions: 1. Either an easement be granted to Lot 1 from the southerly access on Lot 2 to provide access or individual accesses for each lot be obtained at this tire. 2. If Lot 1 is sold for the storage of refuse trucks and a building is construc- ted for this storage, no other construction or development shall be allowed on these lots until such time that utilities are provided to the site. 3. The access to Lot 2 shall be graded and a slope approved by the City Engineer and the disturbed area should be seeded in order to prevent soil erosion. 4. There should adequate screening provided for the two storage areas. FNGINEERRII;G RECOMM NOATIONS 5. A 10' drainage and utility easement shall be dedicated adjacent to all lot boundaries in this proposed plat. RM/jack M TO: ADVISOFY PIANNING CCtZUSSICN, C/o nares C. FUiK[.E, CITY PLANNER FRCM: RICHARD M. HEFTI, ASSISTANT CITY FNGIMM DATE: SEPTEMBER 22, 1982 ar a 14 1 R 1r• • • •r • • • « The Public Works Department has the following cmuents for consideration of the above -referenced plat: Utilities such as water main, sanitary sewer or storm sewer do not presently exist to service the above -referenced preliminary plat. Moreover, there are no plans to construct such utilities in the near future. However, the development of this area is such that utilities would not be required. red. The existing topography provides enough relief to allow drainage in all directions off of this proposed preliminary plat. Some ging has been performed over the southwest corner of Lot 1 and the southwesterly 2/3 of Block 2. ACCESS Presently, the only access to Lot 1 is by way of an entrance at the southeast corner of Lot 2 off of T.H. 3. This segment of State highway is not under con- trolled access, therefore another access could be provided for Lot 1. However, a permit from MnDC2 would be required to install such an entrance. According to the topography, it appears the NE corner of Lot 1 would be the best location for an entrance. Standard width utility easement and drainage easements shall be included around each lot. ASSESSMENTS There are no outstanding assessments to be applied to this parcel nor will there be any as a result of implementing this development. I will be available to discuss any aspect of this report with the Planning Com- mission at their meeting on September 28, 1982. Respectfully submit , Richard M. Hefti, Assistant City Engineer ���� 47 Idf �urbep k' tj —I / Hereby C that :h1- pL,l .L•,o- :, -u n.., m:,.l,. ,.1 :h,. ; ,•rl .........111 1 IL.•.......•r• , •.I''•+. L: p!;,r•.I .. �n..w :Ip.1 Il:.tl :dl •n .11 Pn1:. rm'r.•:u 4u u.11ly rL'.. 6: n',. L...I .•n „+ :'.-........ Surveyed For Elmer Scott WAYNE McLAGAN, Consultant Date September 2, 1982 Scale 1 inch 100 feet SKETCH PLAT OF CLARKSON PLACE DESCRIPTION _ That part of the south 1041.52 feet of the east 721.44 feet of the EhSE} of Section 24, T.27N., R.23W, lying west of the westerly right of way line of S.T.H. No. 3 and northerly of the following described line: Ih 1� Commencing at the southwest corner of the north 953.72 feet of the south 1438.01 feet of the east 721.44 feet of said E�SE'k; thence N.0`33'1511E. (assumed hearing) along the west line of said east 721.44 feet, a distance of 252.01 feet to the point of beginning of the line to be described; thence S.78'23'06"E. to the westerly right of way line of S.T.H. No. 3, and there terminating, containing 3.88 acres, more or less. No field survey was made on this date. Parcel description based on survey dated February 20, 23, 24, 1970 N LINE OF S. 1061.52 rT OF Eyi SE'/4, Se C. 24 T L7N.,U25 Y AAs T 537,94 , [OT / (BT3so Td. fr s) e� w i'T3.a0 V P 0 IW u , (B/c SG se HIO/of f0 nFlr ,� ivTRBBte ry d, a 2 48 3 „o- -•S. i uNE of K 99.72 of J 1479 e1 oa a%zs E'/4 FE.,vs. Er r,rwu[E SEC 24•T Te BF Get IO 48 3 „o- -•S. i uNE of K 99.72 of J 1479 e1 oa a%zs E'/4 FE.,vs. Er r,rwu[E SEC 24•T II MENDUI I _ i . RB I rr ri��-Ilir Irk/r' �I_ GB Ind •'• 5 µ T 01169 �•- � �.•f. _, nac - / •�"'+ 7�.' 1,9ye. Ind;l •/• . COMMERCIAL 4 _ f'"•"" r %fpl•' �. �'^_ %f ! PLANNED DEVELOPMENT - -_:Jml?.•_ _ .R-1•r•. --r.—�, Ind '_jer r I!-. i - UEJ ��� R'1 �..� tEwr:� Ind / v:..cn•a_ w�,-� ~`- - I .." Ind • I Ind %R411 - -- rDRall yR-IINR-III R41 ndT cai • • LB I . u R•If " r ' ,Ind ! -�R-IV.. AVIV R41I .ycpNl •✓.Q\ /\1 R_II i? _ � R-I • .m ]: •III -� t I r_r .. Jli"" _ ^. ! I CRYHALL R-II iJ m R I R-II R•O N P• :....... *4L-1" ` 11+'.1 "" w ,%, ,� •` . R-II . R-II ,•' . R-0J'- i i Ij�'° . �+• -_:� ym ! RI I�.. I IR ILS_- R41. R:III '�3 P R-II.-II r�D ..JC M E I I .. !�-r-�^ .•-I 1•,..\ R•III RB .�! R III 1.41 F-' R-III R IIF R'I' 31� "1 a �)11�1 R-III CSC/GB/LB R-111" RII a n' RII :r, V ..R. -_ z, R 11 R-11 lip B ; ?4 CSC R I.� ; xr4 I,`, .1� IJ e� _ �LB IRA P - R-II L� s; /e was [r1L1 t. R-II �, p - o' , R-1' R-II � I R-II Ct u.an. m.n w - - :.• `'j P'_f Q •--'i 1` . ^uo1. `p P ti �-•1 -� grid �J � :.Q�� � .1 =- -rte �' •.. - •=1. .--- tt VALLEY i F NosEwouN.a , ,� l P A �. N. rt. K bJH 1 � • PKC ._ . LI i W Fri WEST PUBLISHIN( Ist ADD. LL I PD 74-1 n SU AUDITOR'S SUED. NO. 42 0 APC Minutes September 28, 1982 E L CLARKSON PLACE - PRELIMINARY PLAT The hearing regarding the application of Elmer L. and Dorothy A. Scott for preliminary plat approval of Clarkson Place consisting of 3.88 acres with two commercial lots was considered by the Planning Commission. Dorothy Scott was present and there were no objectors to the proposal. She stated that there would be no repair work, but the property would be used only for storage. After discussion, Wilkins moved, Kroh seconded the motion to recom- mend approval of the application, subject to the following. 1. An easement be granted to Lot 1 from the southerly access on Lot 2 to provide access. 2. If Lot 1 is sold for the storage of refuse trucks and a building is constructed for this storage, no other construction or development shall be allowed on these lots until such time that utilities are provided to the site. 3. The access to Lot 2 shall be graded and a slope approved by the City Engineer and the disturbed area should be seeded in order to prevent soil erosion. 4. There shall be adequate screening provided, to the City's satisfac- tion, for the two storage areas. 5. A 10 foot drainage and utility easement shall be dedicated adjacent to all lot boundaries in this proposed plat. All voted yes. Agenda Information Memo October 15, 1982 Page Thirteen KINDER CARE LEARNING CENTER/REVISED PRELIMINARY PLAT C. Kinder Care Learning Centers, Inc., for Revised Preliminary Plat, Pilot Knob Associates First Addition, to Adjust Lot Lines to Allow a Kinder Care Facility as a Part of the Pilot Knob Center Preliminary Plat -- ,A public hearing was held before the APC at their last regular meeting held on September 28, 1982 to consider an application for a preliminary plat, Pilot Knob Associates First Addition, to adjust lot lines to allow a Kinder Care facility as a part of the Pilot Knob Center preliminary plat. Action was taken by the APC to recommend approval of the preliminary plat and further that the Kinder Care or day care facility is a permitted use within the CSC (Community Shopping Center District). A second motion was made by the APC to grant a variance or to allow the Kinder Care facility to be constructed prior to the 20,000 square foot in a CSC district. For additional information on this item, refer to the City Planner's report, a copy of which is enclosed on pages $ 3 through g/ For a copy of the action that was taken by tt-h_e_TPC, refer to pages 6,7, through 63 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve the preliminary plat revision and designate a day care facility as a permitted use within the CSC and secondly to approve or deny a variance as recommended by the APC to allow the Kinder Care facility to be constructed prior to the 20,000 square foot requirement in a CSC district. S), 0 0 CITY OF EAGAN SUBJECT: REVISED PRELIlDTARY PLAT APPLICANT: KINDER CARE LEARNING CENTER, INC., ROBERT FORS LOCATION: LOr 1, BLOCK 1, PILOT KNOB ASSOCIATES FIRST ADDITION EXISTING ZONING: CSC (CONP'nMM SHOPPING CENTER DISTRICT) DATE OF PUBLIC HEARING: SEPTR4BER 28, 1982 DATE OF REPORT REPORTED BY DALE C. MME, CITY PLANNER An'applicaticn has been submitted requesting to revise one lot in the Pilot Knob Center preliminary plat to acoomrodate a Kinder Care facility. This lot would then be platted as Lot 1, Block 1, Pilot Knob Associates First Addition. W�JPWM-JR Presently, the property is zoned CSC (Coam¢niity Shopping Center District). The Comprehensive Guide Plan also designates this particular area as CSC for communi- ty shopping center. The definition in the zoning ordinance describes Cc munity Shopping Center District as "these are area located in the center of several resi- dential neighborhoods to serve the weekly needs of adjoining residents and a popu- lation from 10,000-40,000 persons." . As you may recall, in November of 1981 Kinder Care had submitted an application for a conditional use permit to allow a facility to be located in Lot 1, Block 1 of Pilot Knob Heights Planned Development. This particular area was adjacent to a townhouse development on Crestridge Lane. This application was denied by the Eagan City Council because the neighborhood was in opposition to this facility at the proposed location. The applicant has now submitted a new application which would locate this facility on Krestwood Lane where there would be sane distance between the residential neighborhood and the proposed Kinder Care facility. CME2M In reviewing the area which is zoned CSC (Ccmmuni.ty Shopping Center District), there is a substantial amount of acreage which will develop into retail and co[r mercial uses which in turn will generate a substantial amount of jobs at one lo- cation. The Pilot Knob Shopping Center which is proposed will consist of approx- imately 100,000 square feet to start with many accessory lots which will generate many square feet of commercial retail use. Directly north of the Pilot Knob Cen- ter is the property owned by Hillcrest Development which presently has no plans for development. Northeast of the Pilot Knob Center Shopping Center is the S3 0 0 CITY C' EAGAN KINDER CARE LEARNING CEN= INC SEPPEMBER 28, 1982 PAGE THREE The second concern regarding this development proposal is that also in a CSC, Cornmmity Shopping Center District, requires that in Subdivision 11, Subpara- graphy b, initial construction shall include a minimum of 20,000 square feet of floor area to insure that the center will function as a Community ShoppinrT Center use. An overall site plan has been submitted and approved by the City for the oon- struction of a 100,000:square foot shopping center and it is staff's understand- ing that the only reason the center has not been constructed at this time is the financing package is difficult to put together in this economic climate. Al- though the overall site plan has been submitted and approved, the initial con- struction has not begun. Since the shopping center has been approved by the City and hopefully will begin construction soon, does the City ,rant to waive that 20,000 square foot requirement for this proposed day care facility? If approved, the preliminary plat and site plan shall be subject to the follow- ing conditions: 1. The City deems the day care facility as a permitted use within a CSC District. 2. A detailed landscape plan shall be submitted and approved by the City staff along with an adequate landscape bond much will not be released until one year after the landscaping has been completed. 3. The curb cut and driveway approaches shall be increased to a 24' width vs. the 20' proposed. 4. All day care center staff must meet County and State license requirements. 5. The Advisory Planning Commission may want to establish hours of operation for this particular use. 6. Concrete curbing shall be provided around the perimeters of the driveway to the facility. DCR/jarh 1119191=12!1 - • I ID Is, 1' 7. A storm sewer line will need to be constructed to replace the existing ditch along the south property line of this development. B. An easement of sufficient width must be provided for the storm sewer installa- tion. RMH/j ach s4 0 0 CITY OF EAGAN KINDER CARE LEARNING CENTER INC. SEPTEMBER 28, 1982 PAGE TWO hundred acres which Federal Land has just submitted a planned development which will contain approximately 100 acres and also generate a large square footage of commercial retail use. In all, combining all of these parcels, there will be a large employment area within the three parcels mentioned above. With this area being an employment renter, Kinder Care Center Learning Inc. has expressed a strong desire to locate a facility within this employment area in order to serve Eagan's needs for day care within this general area. The new location proposed will be on the east side of Kirkwood Lane across from the 1st Bank -of Eagan lo- cated at Krestwood and Crestridge Lanes. In reviewing the site plan for Kinder Care within this general area, Krestwood Lane should not carry a high volume of traffic. The loop street for the car cial area where heavy traffic is anticipated is Duckwood Drive and Denmark Avenue. Krestwood Lane will act as a frontage road to Pilot Knob Road. SITE PLAN REVIEW The applicant is proposing to purchase 21,830 square feet, or approximately 1/2 acre, and plat this parcel into Lot 1, Block 1, Pilot Knob Associates First Addi- tian. The proposed building would oontain approximately 4,900 square feet for a 22% lot coverage. In a CSC District, 30% lot coverage is pexmmitted. The proposed building meets all setback requirements from lot lines and the public street. In reviewing the parking requirements, there is no set number required for a day care facility. Staff has checked with surrounding communities which presently have the Kinder Care facility and the 10 parking spaces which they are providing has been an -adequate number and there have been no complaints from surrounding c m ud- ties. Therefore, staff is comfortable with the parking spaces which Kinder Care is providing. In the drive-through to the parking area, this should be widened to a 24' wide curb cut in order to provide 2 -way traffic movement in and out of the facility. As mentioned earlier, the revised preliminary plat is part of lot 14 of the Pilot Knob Center preliminary plat. Since Kinder Care is only proposing to purchase a portion of Lot 14, staff has requested that they revise the preliminary plat show- ing a new lot configuration or had the Kinder Care facility will fit in to the Pilot Knob Center overall plan. Enclosed is a copy of the original Pilot Knob Center proposal and a copy of a revised plat of how the Kinder Care facility will fit in to the overall scheme for this development proposal. In reviewing Ordinance 52, staff has two concerns which should be addressed prior to approving the revised preliminary plat. The first concern is Ordinance 52 does not specifically address day care as a permitted use within a CSC District. There- fore, the Advisory Planning Commission and Citv Council would have to deem the pro- posed use as a use permitted within a Community Shopping Center District. Subdi- vision 11, Subparagraph 2 states "Retail Shopping Center uses shall be limited to the following mases unless similar uses are specifically approved by the City Coun- cil." S 0 0 TO: ADVISORY PLANNING COMMISSION, C/O DALE C. RRME, CITY PLANNER FROM: RICHARD M. HEFTI, ASSISTANT CITY ENGINEER DATE: SEPTEMBER 21, 1982 RE: PREIJIMPRY PLAT OF PILOT KNOB ASSOCIATES FIRST ADDITION The Public works Department has the following cmuents for consideration of the above -referenced plat: UTILITIES Sanitary sewer of sufficient size, capacity and depth to handle this proposed development is in place along Krestwcod Lane. Presently, there is no water main in place along Krestwood Lane. This development could be serviced with water from either the existing water main along Duclawood Drive or the in place water main along Crestridge Lane. N'111 N'• 1 r•N The existing topography is relatively flat, with the drainage being generally to the north and east. The catch basins located in Krestwood lane collect the water at the law point and direct it to the east to a drainage ditch run- ning along the southerly bonder of this proposed plat. EASEMENTS AND RIGHTS-OF-WAY In addition to the typical drainage and utility easements bordering the pre- liminary plat boundaries, the 20' utility easement will be required along the south property line for storm surer. ASSESSMENTS There are no outstanding assessments to be applied to this parcel nor will there be any as a result of implementing this development. Still, any cost associated with providing utility services, internal parking lot and storm sewer shall be the sole responsibility of this development. TRAILS AND SIDEWALKS Since Krestwood Lane is not a collector street, no sidewalks or bike trails will be required along it. I will be available to discuss any aspect of this report with the Planning Commission at their meeting on September 28, 1982. Res-pectfully s ted, , Richard M. Hefti P.E. Assistant City Engineer RMH/jach SG y�. LOT L LOT 4 LOT . f _ LOl t LOT 13 G V 9 � 3 IIONxORW • ____'! LOT mm IlIi jl `------ LOT T LOT. LOT O LOT 10 LOT 1 I LOT 14 _ Zo 11F rOTDR( OFF= OUILONW w I F<4 r,,� il OMLOwT o: / LOT IL LOT 11 \ Lor u LOTH . "�„ POND Pa D k. ct� cs RORSUNSIIT•RRLNRLRICYSON ... ,.._...._,....... PROPOSED— SLOPPING CENTER 1RCNIfFCTS. INC .... �.. ..._........� .. �_��.. r. xr..w �...... ...... ..... rw�o�N...'...rr ..x... ..w.r.x DESIGN DATA S IT EYI'NFORMATION wn n r r rw�o�N...'...rr ..x... ..w.r.x 0 50 100 200 900 400 500(L IY 1 10 OO 1l wn n r r pro TWT xx• ZONING REVIEW Vr}'f nYnm una uuu im tins wnn wwu r.r ra rune x1, rW .�w w., xp.u.F,• 0 50 100 200 900 400 500(L IY 1 10 OO 1l —�__C/�Ililx�_u�4MNN--� - � Y/AiCRI'1LJ /i. ... •. DUC .WooD DFUVE M^•• Y. .....M„Y.r..arn y'_ .^W R•••\yY tf1 Iu.1 11 anti Y .rLlaalu.r wru\r. xa fel •.�.�L.�.� � w. � IrrrM1. wfw\ W Ny • �� l� 1 h • .�1. •. 1 1 ZIP 11I:; : �'.: •. -,• �: -SANITP♦WLY SEWER ..__ i�• • �I �—n+c..o •.I..w� .u.n..ar uWLa . 7r:' I Ii j7S' uw�J Ne.. . rf•.�u ma. 'rl.: III! ,..O. L .{lYf...l!• w� Olw•L. 1 1 � ..• I.r.M .x Txa .I W. .. • NORTH ••••• (� SL.ALE. I"=2o\ I ��! ..(STI—rc�__^le!� ccsrLlo 1 II I .._ /YP1•. IWr.r fI H1Wf RWI.LL 1 � ;1 I ' \�. �1' ; A.• Y _.Ij. ♦ Y Wy .V �M.w ... 1 • .r 1, .. ". VI/iWL. /TrI1 laWaR � i r� �• ! .10 tH. L n /LLR�D ,,1waM /rwL{ L �._' • II • 57o[M SlwE It, Y ... ar.•w .«. •.ler w..a w,{a ;'"•� '. t II 1 I ,1r. -. IxuL.L mw w..aa y a.Nx ....., ". I.' • �' /x IM! L M YYN •���.II %. I �W RLY YWLO qLb. Lf �.\IYLY .. 1JY Aost •wuiiii:.f••ino i• -,. �"' /•' - �E(- }. �'i PILOT KNO ':._,.ter P 1N1\NAR`C 6 ENGINEf I11N0 '•"; •^'•-IL ADINLa. -- �`-"" I' As50GlwiE4 GR ORAIN/K[.•E COMPN... INC. `• '--- --,,.,,— .t sr AoolrloN .... �..� �... ...•.\ ..........._._.. ..... __....-._ • .3.}u... J•...1.. � u .Ic..�� ..—ANo.._uT11..I T`C' � P�A.1�1_.. ..........._...�. I DUCKWOOD is �V f; ..........._...�. I DUCKWOOD Z S DRIVE _..YOB ! ••f• .OBE [n:�:oiruis iworou IGINEERING COMPRNY, INC. Z � } JROI[RTY D[f[fIRIPN wuwiw[r..w' YooIT iow."' :av o PRELIMINARY PLAT PILOT KNOB ASSOCIATE'S I ST ADD. • L �V Q Q M Z S DRIVE _..YOB ! ••f• .OBE [n:�:oiruis iworou IGINEERING COMPRNY, INC. Z � } JROI[RTY D[f[fIRIPN wuwiw[r..w' YooIT iow."' :av o PRELIMINARY PLAT PILOT KNOB ASSOCIATE'S I ST ADD. • L rwu.wle ILCI� Ind f -) IJ / COMMERCIAL •'' `"� ,..PLANNED DEVELOPMENT . It Ind Ind -. -.G. ....,,, B'. 1 , . _. � / o•; • ,e,j _-RS`DJ— RN __ I R:III ���•�ao.` ,.�x.� I J -� +..' Ind. Ind.. NB; �.: (r R-ul R_111d. n RIII ,T ✓,:.n,,.. R-1 _ =� 'r•-aR{-'- E 7. _R-111 •�.f�l: '�I+ �s`� �� � HALL R -II %-I/ 'i - �CT `l, � . R -II i I ..�..� I - - R -I P rE G6L R-0 N .R-IIHS _ ' r p 'a�E �F-+`.:_ E _ �� I •moi �1-_ 1 - :f PR-IIPO c-' I�1 R- R -111 ,: �® - t/' 4'•. .:.';+.mac+, • it M E� .. rT l = f f `_.. NB :I E .1 R -III RB R III 4 C Jr. 3, rwo1A i CSCJGB/ --- - 1'(`•.•r�,11 •-.:I_ r ,4R I ,) R411 —..�� R• II w er R -II R-11 R -II ".� •'..:v-:y;r� r::":� R -II ,<`,=...,,_ ::` Mfr' r w�'":�C 'K'.iTVI ..• P 3• ,fi{ tom, --1.. C� (Zr,lf• ` �'�� c I... j .� 1. ., a 7 LB R I P plilll R -IR -I .. R -I : ' P ::.:.er.0 ° wen,♦ '_— gR R-11 � R-1' R -II -. F `A9 R-11 it J Nil VALLEYT< � / �R<�NOUN,i h l/ �i YANKEE00I E ROAD CO. RI 0 0 KINDER CARE LEARNING CENTER - PILOT KNOB ROAD The hearing regarding the application of Kinder Care Learning Center, Inc. and Robert Fors to revise one lot in the Pilot Knob Center Planned Development to accomodate a Kinder Care facility, was convened by the Chair- man. It was proposed to replat the lot as Lot 1, Block 1, Pilot Knob Associates First Addition. It was noted that the property is zoned CSC and that in November of 1981, Kinder Care had submitted an application for condi- tional use permit to allow a facility be located in Lot 1, Block 1, Pilot Knob Heights Planned Development to the east and south of the present proposed site. Mr. Fors was present and explained the change in location, noting there are 700 Kinder Care Day Care Centers throughout the United States. He stated the area would be completely fenced. There were no persons objecting to the application. It was noted by Mr. Runkle that there were two concerns on behalf of the staff, including the fact that Ordinance 52 does not specifi- cally address day care as a permitted use within a CSC district. Therefore, the City would have to deem it as a permitted use under the CSC zoning and secondly, the requirement in CSC zoning is that the first building to be constructed should include a minimum of 20,000 square feet of floor area to insure that the center will function as a community shopping center. It was noted that the proposed shopping center would be in excess of 20,000 square feet and it was understood that construction would take place in the Spring of 1983• However, this use could be deemed a "similar use" and could be authorized in a CSC district. Generally, the hours would be 6:00 a.m, to about 6:00 to 6:30 p.m., five days per week. Member Wilkins was concerned about the precedence in allowing construction on one lot before a minimum 20,000 square foot building is constructed and other Planning Commission members also expressed the same concerns. Bohne moved, McCrea seconded the motion to recommend approval of the application for preliminary plat approval of Pilot Knob Associates First Addition, subject to the following conditions, noting that a commercial building already exists close by. 1. The City deems the day care facility as a permitted use within a CSC District and allows a variance within the CSC District. 2. A detailed landscape plan shall be submitted and approved by the City staff along with an adequate landscape bond which will not be released until one year after the landscaping has been completed. 3. The curb cut and driveway approaches shall be increased to a 24 foot width vs, the 20 foot proposed. 5 6,4- 0 0 APC Minutes September 28, 1982 4. The day care center shall meet County and State license require- ments. 5. Concrete curbing shall be provided around the perimeters of the driveway to the facility. 6. A storm sewer line will need to be constructed to replace the existing ditch along the south property line of this development. 7. An easement of sufficient width must be provided for the storm sewer installation. 8. This development shall accept its responsibility for future trunk storm sewer assessments. All voted in favor. Bohne then moved, McCrea seconded the motion to recommend approval of a variance to allow construction of the building prior to the construction of a 20,000 square foot building in the shopping center because it appeared that the restriction is not logical under present circumstances, that there is a free standing building in the proximity of the subject area and that there is a documented need for additional day care facilities within the general area of Eagan. All voted in favor except Wilkins who voted no. 63 0 0 Agenda Information Memo October 15, 1982 Page Fourteen TRANSFER OF MALT LIQUOR LICENSE/PICCOLO'S PIZZERIA D. Gregory Heuer for Transfer of Non -Intoxicating Malt Liquor License for Piccolo's Pizzeria -- Mr. Gregory Dale Heuer, who resides at 901 Cherokee Ave. West, St. Paul, Minnesota, has made application for a non -intoxicating malt liquor license to operate Piccolo's Pizzeria. The applicant is requesting that the non -in- toxicating malt liquor license be valid October 25, 1982. The application has been reviewed by the Eagan Police Department and has been found to be in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny Gregory Heuer a non -intoxicating malt liquor license at Piccolo's Pizzeria. VARIANCE/YANKEE DOODLE DEVELOPMENT COMPANY E. Variance from Lot Line Requirements/Townhouse District for Yankee Doodle Development Company (Dennis Peck) -- The property platted as Wescott Hills Fourth Addition was recently purchased by the Yankee Doodle Development Company, represented by Mr. Dennis Peck. The new owners are proposing to construct townhouse units rather than the quadrominium units and will require a variance from lot line requirements. An application was submitted to the City for a reduction to the 30 foot spacing requirement between lot lines. For additional information on the item, refer to the City Planner's report, a copy of which is enclosed on pages 65' through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the appli- cation for a variance from lot line requirements submitted by Yankee Doodle Development Company. KI 0 0 TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, CITY PLANNER DATE: OCIU3m 13, 1982 RE: VARIANCE FOR TOWNHOUSES IN WESCOTT HILLS 4TH ADDITION As you may recall, Wescott Hills 4th Addition w proximately 1-2 years ago. At that time, there ly zoned categories within the area of Wescott and west of Mike Collins Drive. The applicant duplexes and townhouses within this particular the applicant was requesting quadraminium, or 4 Lots 4, 5, 6, 7 and 8. The quadraminiums would on the property which allowed adequate roan for is replatted and rezoned ap- were a number of commarcial- guare, Yankee Doodle Road ezoned the property to allow ireaa. With the_original plan, plex units, to be located on have been located lengthwise the individual units. Since the time the platting has occurred, the property has been purchased by Yankee Doodle Development Co. represented by Mr. Dennis Peck. The new owners are proposing to construct townhouse units rather than the quadraminium units. They are still 4 -unit buildings, but instead of locating the building length- wise on the property, they are proposing to construct the building as a town- house development and have access to the garage on Wescott Square. The den- sities of the development have not changed, but the building has been reor- ientated on each of the lots. In reviewing the application, the Yankee Doodle Development Co. understands that the area is presently platted and normally would only have to obtain a building permit frau the City staff in order to start construction on this particular project. In reviewing this particular plat, there is one minor technicality in that staff cannot issue the Building permit on this plat because lot lines have already been established when Wescott Hills 4th Addition was replatted 1-2 years ago. With the reorientation of the buildings, the developer is still maintaining a 30' distance between dwelling units. However, he is not keep- ing the 30' spacing between lot lines. If the structures were to be platted as individual lots, the spacing requirement between buildings would be ade- quate in accordance with Ordinance #52. However, lot lines have been estab- lished, and instead of 30' between dwelling units, the structures must main- tain a 30' setback from a lot line. Therefore, the variance from the side lot line would have to be obtained from the City of Eagan. Attached is an exhibit showing the new site plan of how the units would be constructed on these particular lots. As you can see, all setbacks are met and setbacks between dwelling units are sufficient, however, the variance would have to be obtained by the City from the side lot line requirement. The applicant has indicated, -if construction of at least one or ties and improvements have been does not have to go through any variance from the side lot line ing that this item be placed on sideration of the variance in o: him to start possible fall conn at all possible, they would like to begin two units yet this fall because all utili- installed to the property, and the developer additional process except to obtain the requirement. Therefore, staff is request - the October 19, 1982 City Council for con - der to work with the developer to enable ruction on this particular project. 65 0 0 Thanas L. Hedges, City Administrator October 13, 1982 Variance for Tceanhouses in Wescott Hills 4th Addition Page two If the variance: is approved, the site plan and buildings should be subject to all other ordinance requirements. DCR/jack C1 October 8, 1982 Mr. Dale Runkle Eagan City Planner City of Eagan 3795 Pilot Knob Road Eagan, Mn. 55122 • Mr. Dennis F. Peck 108 W. Lawson Avenue St. Paul, Mn. 55117 Re: Variance Wescott Hills 4th Addition Dear Mr. Runkle: Please find enclosed the completed Application for Variance; seven copies of scaled drawing of the site and the proposed variance; a list of all property owners located within 300 feet of the site and a check covering the cost of the variance application. As we previously discussed the property is described as Lots 4 through 8 inclusive, Wescott Hills Fourth Addition. The property is currently zoned R-3 and each lot has been approved for quad development. As we also previously discussed we are requesting a side - lot variance so as to allow the construction of a four unit towhouse row -style on each of the five lots. Each townhouse building would be 96 feet long by approximately 42 feet wide; will be two stories and would include a double car tuck -under garage. The distance between the buildings is as indicated on the attached scaled drawing. Since it is so late in the building season we would ask that the City consider this matter at the earliest opportunity. We sincerely appreciate your cooperation in this matter. DFP/tba Encls. rIN Sincerely, ,P14 Dennis F. Peck cr ft 00 0 0 0 0 YANKEE DOODLE ROAD 114.91 140.00 140.00 140.00 140.0 4 5 6 7 g 4 A .0 4 g 44.0 C D 6.0 30 159.74 140.00 c" 140.00 140.00 140.00 WESCOTT y z H a a 0 U 60.0 0 0 Agenda Information Memo October 15, 1982 Page FIfteen ESTABLISH PUBLIC HEARING IR FINANCING/MOTEL F. Establish Public Hearing for IR Financing to Consider a 3.1 Million Dollar Motel Adjacent to Yankee Square Shopping Center -- Approved as a part of the Yankee Square/Federal Land Company Planned Unit Development has been a motel. Federal Land Company has submitted an application to consider a $3.1 million industrial revenue financing for the motel unit. Action to be considered at this time is establishment of a public hearing at the November 16, 1982 City Council meeting to consider the application for- IR financing. As usual and customary, the application, financial reports and all other information will be distributed in the agenda information packet prior to that public hearining. ACTION TO BE CONSIDERED ON THIS ITEM: To establish a public hearing for November 16, 1982 to consider IR financing for a motel unit adjacent to Yankee Square Shopping Center. PRELIMINARY PLAT EXTENSION FOR COTTONWOOD ADDITION G. Preliminary Plat Extension for Cottonwood Addition -- The City has received a request from the developer for extension of the preliminary plat for Cottonwood Addition. Due to present economic conditions, the City Council previously has granted twelve (12) month extensions to such requests to allow more time for the appli- cants to finalize their development plans. Enclosed on page 7 is a copy of the letter of request. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny a twelve (12) month extension for the preliminary plat of Cottonwood Addition. 70 0 September 28,1982 1 City of Eagan 3795 Pilot Knob Road Eagan, Minn. 55122 Attn: Mr. Dale Runkle Re: ERIUKSON'S COTTONWOOD ADDITION Gentlemen: Werequest that the preliminary plat approval for Erickaon's Cottonwood Addition be extended for another twelve months. Please notify me of your decision and for how long the extension will be granted. Thank you. Sinc ely, K. M. Erickson 743 Decorah Lane Mendota Heights, Minn. 55120 KME/js 7J Agenda Information Memo October 15, 1982 Page Sixteen PRELIMINARY PLAT EXTENSION FOR L & F ADDITION H. Preliminary Plat Extension for L & F Addition -- The City has received a request from the developer for extension of the prelimi- nary plat for L & F Addition. Due to present economic conditions, the City Council previously has granted twelve (12) month extensions to such requests to allow more time for the applicants to finalize their development plans. Enclosed on page 7-:b is a copy of the letter of request. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny a twelve (12) month extension for the preliminary plat of L & F Addition. 7o�_ 0 September 21, 1982 Mr. Dale C. Runkle City Planner City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Re: Preliminary Plat L & F Addition Expiration Date: 7/7/82 Dear Mr. Runkle: 0 We request an extension on the preliminary plat because of the high interest rates and the general slowness of the economy. We are making every effort to get this land developed and feel that with the recent drop in interest rates, we will be able to accomplish this in the near future. An extension by the City Council will be greatly appreciated. Please contact me if you have any questions concerning the above matter. Sincerely, RalP h W. Linvill L & F Development 230 North River Ridge Circle Burnsville, MN 55337 RWL/ay P.S. Please note our correct mailing address of River Ridge Circle, not Cliff Road. 73 0 0 Agenda Information Memo October 15, 1982 Page Seventeen PRELIMINARY PLAT EXTENSION FOR PILOT KNOB OFFICE PARK I. Preliminary Plat Extension for Pilot Knob Office Park -- The City has received a request from the developer for extension of the preliminary plat for Pilot Knob Office Park. Due to present economic conditions, the City Council previously has granted twelve (12) month extensions to such requests to allow more time for the applicants to finalize their development plans. Enclosed on page 7S" is a copy of the letter of request. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny a twelve (12) month extension for the preliminary plat of Pilot Knob Office Park. 7-1- • <;� (612) 432-8131 M A R E L L RECI "i`'�" r y REALTORS RIALIOR• 1000 EAST 146th STREET . SUITE 220 • BURNSVILLE, MINNESOTA 55337 MEMBER "MLS" REAL ESTATE . . . MORTGAGE INSURANCE September 20, 1982 Mr. Dale Runkle City Planner City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Re: Preliminary Plat = Pilot Knob Office Park Dear Dale: Due to economic conditions I want to extend the Preliminary Plat for the Pilot Knob Office Park for another year until I can procure adequate financing for the project. Yours very truly, RELL, INC/ Kenneth App KA/jww %S 0 0 Agenda Information Memo October 15, 1982 Page Eighteen PRELIMINARY PLAT EXTENSION FOR COUNTRY GLEN CONDOMINIUMS J. Preliminary Plat Extension for Country Glen Condominiums -- The City has received a request from the developer for extension of the preliminary plat for Country Glen Condominiums. Due to present economic conditions, the City Council previously has granted twelve (12) month extensions to such requests to allow more time for the applicants to finalize their development plans- Enclosed on page 7 is a copy of the letter of request. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny a twelve (12) month extension for the preliminary plat of Country Glen Condo- miniums. 76 mid-continent builder INC 30 E. PLATO BOULEVARD W PAUL MINNESOTA 55107 222-841 0 ■ ■ Mr. Dale C. Runkle City Planner City of Eagan P. 0. Box 21199 Eagan, Minnesota 55122 RECOVED SLP September 29, 1982 Re: Preliminary Plat - Country Glenn Condominiums Dear Mr. Runkle: I received your letter regarding expiration of the above mentioned preliminary plat approval. I would like to request a one year extension of this approval, as we are planning to build on this property in the near future. Thank you. LLG:ph -77 Yours truly, =' Leonard L.1 parre President 0 0 Agenda Information Memo October 15, 1982 Page Nineteen PRELIMINARY PLAT EXTENSION FOR BERRY RIDGE CONDOMINIUMS K. Preliminary Plat Extension for Berry Ridge Condominiums -- The City has received a request from the developer for extension of the preliminary plat for Berry Ridge Condominiums. Due to present economic conditions, the City Council previously has granted twelve (12) month extensions to such requests to allow more time for the applicants to finalize their development plans. Enclosed on page '7q - is a copy of the letter of request. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny a twelve (12) month extension for the preliminary plat of Berry Ridge Condo- miniums. 0 TSC LL sguett investment company October 13, 1982 Mr. Dale Runkle City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Dear Dale: I am writing to request a one year extension of the preliminary plat approval for the Berry Ridge Condominiums (Lot 11, Block 3, Hilltop Estates). The preliminary plat was approved May 18, 1982 by the City Council. Approval expires November 18, 1982. After careful consideration of the financing options and market conditions in Eagan during the late spring and summer, the decision was made to not proceed with the marketing and development of the Berry Ridge Condominiums in 1982. Our commitment to successfully complete this project, however, has not diminished. We are hopeful that a strengthening of the market will enable us to proceed with the development in 1983. Extension of the preliminary plat approval until November 18, 1983 would enable us to continue to monitor the market, proceed with financing approvals, and implement a marketing program at the most economically sound time. If there is any additional information that you need, please contact me. RK:slm Sincerely, Roger Kreidberg 7y SUITE 156, 620 MENDELSSOHN AVENUE . GOLDEN VALLEY, MINN. 55427 • (612) 541-9199 0 0 Agenda Information Memo October 15, 1982 Page Twenty ADDITIONAL ITEMS FINAL PLAT REVOCATION/LONE OAK HEIGHTS A. Final Plat Revocation/Lone Oak Heights (Orrin Aune) -- On August 17, 1982, the final plat for the Lone Oak Heights subdivision was approved by Council action subject to the developer satisfactorily complying with the submission of the required financial guarantees for the development of this subdivision as required by the City's existing subdivision ordinance. Upon formal approval of final plat by Council action, the developer has sixty (60) days in which to record the plat at Dakota County. Sixty days will have expired by October 19. As of this date, the staff has not received any indication that the developer will be able to comply with the re- quired financial guarantees (Letter of Credit, Performance Bond, Cash Escrow, etc.). A copy of the certified letter sent to Mr. Aune explaining the situation is enclosed on pages 91_ through !a_ for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To revoke the final plat approval previously granted on August 17, 1982 for the Lone Oak Heights subdivision (Midwestern Associates, Inc.) due to non-compli- ance with the subdivision ordinance pertaining to financial guarantees. s/Thomas L. Hedges _City Administrator .e 0 BEA BLOMOUIST MAYOR THOMASEGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER COUNCIL MEMBERS October 13, 1982 [r:l•4ut■ ■at T• ■ 1•I• • • t M1111ESTERN ASSOCTAIESINC DELVW Mt .r INVER GROVE HEIGHTSE CITY OF EAGAN 3iwJH5 PILOT KNOB ROAD 't P.O. BOX OI1" EAGAN, MINNESOTAq�� sslu .y a PHONE 4S4.0100 Re: Lone Oak Heights - Final Plat Approval Dear Mr. Aurae: 0 THOMASHEDGES CITY ADMINISTRATOR EUGENE VAN OVERREKE CITY CLERK As you are aware, at the regular Council meeting held on August 17, 1982, the City Council formally approved your final plat for the Lone Oak Heights Subdivision sub•- ject.to your satisfactory Compliance with the financial guarantees as required by the development agreement and planned unlit development for this subdivision. Since that date, I have been in contact with, you several times trying to insure that You would submit your required financial guarantees as previously discussed. As of this date, the City has not received any indication that you have been, or will be able to, meet those requirements pertaining to letters of credit, performance bonds, or other means of financial guarantee to allow the development of this subdivision. Also, it is required that the final plat be recorded within 60 days of formal City Council approval; the 60 days will expire on October 17th. It is not anticipated that you will be able to provide the required financial guarantees and record the plat within that time frame. Therefore, please be informed that at the October 19th Council meeting, I will be making a reeamuendation to the City Council to rescind Your final plat approval as issued on deer 17th due to noncompliance with final plat requirements. AvyKr If the final plat approval is rescinded on October 19th, your preliminary plat will expire on November 9th, the next available formal Council meeting unless a formal time extension is granted at that time. If the preliminary plat time extension is not approved, it will require a new pre- liminan, Plat Process to be initiated through the Planning Commission and subSe— auent public hearings before the City Council before final plat approval will be al- lowed. It is unfortunate that the City is forced to take this action pertaining to your potential development. However, this is a direct result of your inability to ful- fill the requirements of the Subdivision Ordinance for the City of Fagan. $1 THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. 0 0 Midwestern Associates Ione Oak Heights - Final Plat Approval October 13, 1982 Page two It would be helpful, if you could plan on appearing at the October 19th Council meeting to explain the situation. If you cannot attend this Council reeting, please submit a letter that can be forwarded to the City Council for their consideration. If you have any questions pertaining to the information contained in this letter, please feel free to contact re. Sincerely, Thaws A. Colbert, P.E. Director of Public Florks MWjach co - Th®as L. Hedges, City Administrator Paul Hauge, City Attorney Dale C. Runkle, City Planner SP, 0 E MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 15, 1982 SUBJECT: INFORMATIVE City Hall Update Enclosed is a copy of Memo #1 regarding the City Hall project for your information. Refer to page Proposed Guidelines for LandUseCompatibility with Aircraft Noise Enclosed is a copy of a letter that was sent to the Cities of Sun- fish Lake, Mendota Heights and Inter Grove Heights regarding a meeting that is scheduled for the Eagan City Hall on Wednesday October 27, 1982, at 7:30 p.m. for the purpose of reviewing and discussing the proposed guidelines for land use compatibility with aircraft noise. Refer to page 13S. . Fire Department Banquet Enclosed on page $(o .. is the City Council's invitation for the Volunteer Fire Department annual award banquet. Vacancy in Mayor's Position The City Attorney has prepared a memorandum that provides a pro- cedure to be followed if Mayor Blomquist is elected to the state legislature for the appointment of a mayor in succession to her position. Refer to pages <AZ through 4F9 . Protective Inspection Monthly Report for September Enclosed on page ?y is the monthly report for the month of Sep- tember regarding protective inspections. s/Thomas L. Hedges City A ministrator PE 0 0 MEMO TO: ALL DEPARTMENT HEADS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 12, 1982 SUBJECT: CITY HALL PROJECT/MEMO #1 This memo is the first in a series of memos that pertain to the City Hall/Fire Administration project. There are three (3) basic steps that will be further outlined by Jack Boar - man in a future memorandum regarding preparation, review and final -bid award of the city hall project. Step 1 consists of preliminary review of floor plans (two weeks), final preparation of floor plans (two weeks), design development (one week), cost estimating (one week). Step 2 consists of completed construction documents (six weeks), final cost estimate and final document review by City staff (one week), and step 3, final design approval and advertisement for bids (three weeks). The total weeks as I understood it from the staff meeting is about thirteen to sixteen weeks; therefore, bids will more than likely be opened sometime during the month of January, 1983, with construction thereafter. Some of the information that needs to be coordinated before the next staff meeting to review the City Hall project is listed as follows: 1. Cost estimate on sewer connection of existing City Hall (Tom Colbert). 2. Evaluate the necessity of a west wall and a potential counter in the Parks & Recreation office (Ken Vraa). 3. Study reorganization of secretarial, clerical, receptionist to work out the secretarial work area as well as "territorial" secretarial and clerical areas adjacent to each department (Gene VanOverbeke and all other department heads). 4. Review interior floor plan design in the office of the City Adminis- trator to determine how your office and other functions relate to the plan as prepared to date (All department heads). The next City staff meeting for the purpose of reviewing the City Hall plans will be held in the office of the City Administrator at 2:30 p.m. on October 25, 1982. It is not necessary that Chief DesLauriers or Assistant Chief Berthe or Chief Childers be present for that meeting as it will pertain only to the second story floor layout plan for the City Hall project. The archi- tects will not be present either. The next regular City staff meeting will be on Tuesday, October 26, 1982 at which time all of our input should be shared with Jack Boarman. City Administratbr W 0 0 OF 3795 PILOT KNOB ROAD, P.O. BOX 21199 BEA BLOMQUIST EAGAN. MINNESOTA 55121 Mor« PHONE: (612) 454-8100 THOMAS EGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER County Memberf THOMAS HEDGES October 12, 1982 City AO/ =frt EUGENE VAN OVERBEKE City Ci To: Duncan H. Baird, Mayor, Sunfish Lake Orvil Johnson, City Administrator, Mendota Heights Bob Schaefer, City Administrator, Inver Grove Heights Dear Gentlemen: A meeting is scheduled at the Eagan City Hall on Wednesday, October 27, 1982, at 7:30 p.m. for the purpose of reviewing and discussing the proposed guidelines for land use compatibility with aircraft noise. Public hearings are scheduled before the Metropolitan Council in December, and it seemed appropriate that our mayors and/or city council members be given an opportunity to review the proposed guidelines and discuss the same before final presentations are made that represent our communities at those public hearings. Mr. Dale Runkle, City Planner, City of Eagan, and John Shardlow, Planning Consultant for the City of Mendota Heights and an employee of Howard Dahl- gren & Associates, will be present to explain the proposed guidelines for land use compatibility with aircraft noise as prepared by the Metropolitan Council. Please send this notice of invitation to your respective mayors and/or city council members and plan to join us for this discussion on Wednesday, October 27. Sincerely, Thomas L. Hedges City Administrator TLH/hnd cc: Dale Runkle John Shardlow $S THE LONE OAK TREE... THE SYMBOL AND GROWTH IN OUR COMMUNITY 0 11a,gan IItrr 0 Pepartraent October 6, 1982 Mayor Bea Blomquist, Eagan City Council, Tom Hedges and Gene Vanoverbeke 379 5 Pilot Knob Road Eagan, Minnesota55121 , f Dear City Administrators: Your Volunteer Fire.Depart your, spouse/guest 'to our;:a Time: 'Cocktail Place: '':Republic Date: `r'October g;y �We are looking"foiward to s Y RLC/ph A nt would like ;tom -invite' and ual,Award Banquet. 6-.7.:30, Dinner '7:30-9, Dance 9-1 AM. irlines Cafeteria,1494 and 34th Ave. ;.,1982` e ngsyou atour- banquet k: Sincerely, RoberfL. Childers Eagan Fire Chief` W 3940 �Rahn �iuttbr ztgan, innesuta 55122 i C� HAUGE, SMITH, EIDE & HEELER, P. A. ATTORNEYS AT LAW CEDARVILLE PROFESSIONAL BUILDING 3803 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 73122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Thomas Hedges Eagan City Administrator 3795 Pilot Knob Road Eagan, Minnesota 55122 RE: Vacancy in Mayor's position. Dear Tom: October 12, 1982 AREA CODE 312 TELEPHONE 4644224 The question has arisen in recent months and due to the fact that Mayor Elomquist is running for the Minnesota House of Representatives, what is the order of succession as Mayor, in the event that she is successful in the race for the House? 1. In a letter to you dated March 23, 1982 generally covering vacancies in the City Council, I indicated that it was not necessary to resign the position on the City Council or Mayor prior to filing as a candidate and running for office. 2. The vacancy does not take place until that person actually resigns, and simply running for another office is not such a resignation. 3. When a successor has been appointed and qualified, the length of term is until a successor is elected and has qualified. (See MSA 351.06 and 412.02, Subd. 2A.) 4. The last question deals with how the vacancy is filled after the resignation by the Mayor. Under 412.02 Subd.2A,"the vacancy in an office shall be filled by Council appointment until election is held as provided in the subdivision. In case of a tie vote in the Council, the Mayor shall make the appointment". The Mayor clearly is the person to appoint the successor and, of course; could appoint a non-councilmember or a councilmember. If the Mayor resigns, the appointment cannot take place until after the Mayor has effectively left office and therefore there is no election Mayor to break the tie vote. In addition, under MSA 415.15, "no resigning member of a City Council shall participate in a vote of the Council to chose to person to replace the resigning member". However, under MSA 412.121 the Council chooses an acting Mayor from the Councilmembers. The acting Mayor shall perform the duties of the Mayor during the disability or absence of the Mayor from the City, or, in case of vacancy in the office of Mayor, until a suc- cessor has been appointed or qualified." Although there is no specific case construction of this wording clearly, the interpretation has been made that the acting Mayor is person in the case of the tie vote to appoint the succeeding Mayor. RE Mr. Thomas Hedges October 12, 1982 Page 2 5. If a member of the City Council is appointed Mayor, how is that Council position filled? Again, under MSA 412.02, Subd. 2A, the vacancy shall be filled by the City Council and if there is a tie, the Mayor or acting Mayor will appoint the replacement. PHH:ras Very truly yours, , EIDE &,KELLER, P.A. Paul H. Hauge ou r - Units iPROTFCITI,T I1"SP7-CrIOM Plan (heck Fee T 20 Single Family 20 21)"MY RIFORT $ 7,060.00 $3,530.00 SEPTEMBER, 1982 14 L\T9PELTIOP7/OFFICE FD77RS 14 712,000.00 $ 4,056.50 This i' Year -To -Date Building 1'bnth M2–.T— 1,061.0 Plurbing 98.0 900.0 F7VAC 49.5 422.0 Administrative/Office 95.5 1,162.5 Fire Marshal 32.0 302.0 P-ii.scellaneous 24.0 210.0 General Office 140.0 1,303.0 Permit Processing_ 114.0 868.5 CLty Council M (iftrgs 0.0 0 _ 1 1.5 WrMER OF PEMETS ISSTM 9,000.00 $ 74.50 0 TAs tbnth Year -To -Late Buil 68 483 Plumbing 42 349 MAC 25 359 Electric 51 480 Water Softener 3 39 Well, Cesspool, Septic Tank 0 7 Signs 4 44 1. NATURE. OF EJIIDIPG PERE= ISSUED t: er a Units Valuation Permit Fee Plan (heck Fee T 20 Single Family 20 1,474,000.00 $ 7,060.00 $3,530.00 $36,227.00 14 A.Mlex 14 712,000.00 $ 4,056.50 $2,028.25 $23,871.75 20 Multi-Famil 20 960,000.00 S 5,402.00 $2,701.00 533,483.00 0 Om merical 0 0 0 0 0 0 Industrial 0 0 0 0 0 0 Institutional 0 0 0 0 0. 1 Res. C.araf_ye 1 9,000.00 $ 74.50 0 $ 79.00 0 Stara. Pool 0 0 0 0 0 13 Miscellaneous 13 $ 112,600.00 $ 710.50 0 $ 769.00 68 ITOTAIS 68 $3,267,600.00 $17,303.50 $8,259.25 $94,429.75 Total Fees Include: Building, Pei rdt Fee, Sus -Charge, Plan Check Fee, SAC ihit Fee, 4ater Connection Fee, Dater Meter Fee and Road Lhit Fee. EEO AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL OCTOBER 19, 1982 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS e.1 A. Fire Department l B. Police Department IV. 6:55 - CONSENT ITEMS Q`13 C. Park Department e,3 D. Public Works Department 1Q.1� A. Don O'Grady for Temporary Bingo License and Temporary Non - Intoxicating Malt Liquor License for St. John Neumann Church for 11-21-82 Lt B. Anthony Lancette for St. John Neumann Church/Temporary Non - Intoxicating malt Liquor License for Annual Fall Dance a C. Establish Public Hearing for Ordinance Codification Q y D. On -Sale & Off -Sale Liquor, Wine, Club & On -Sale & Off -Sale Beer License Renewals for 1983 ��D E. Receive Petition, Robin Lane (Streets) .Of F. Contract #81-5, Final Payment & Acceptance (Cinnamon Ridge First Addition, Twin View Manor Second Addition, et al - Utilities) e,llt G. Contract #81-13, Final Payment & Acceptance (Windtree Second, Windcrest Second, -- Utilities) V. 7:00 - PUBLIC HEARINGS 15 A. Vacation of Trail Easement, Brittany Addition VI. OLD BUSINESS Nlq A. Sheffield Addition: Request for Clarification/Gabbert Development Co. 'lB. Subdivision Ordinance el el 31 C. Water Treatment Project Eagan City Council Meeting October 19, 1982 Page Two VII. NEW BUSINESS Q,Soc A. Richard J. Buchan for a Waiver of Plat to Split Off One Homestead and Create a Five—Acre Parcel Located in Part of the SE'y of th NWk of Section 36, 4695 Dodd Road �J AAB. Elmer L. & Dorothy A. Scott for a Preliminary Plat, Clarkson ` Addition, Consisting of Approximately 3.88 Acres and Containing Two Lots Located in Part of the Ek of the SE'g of Section 24 (North of Diffley Road & Southeast of Dodd Road) p 57` C. Kinder Care Learning Centers, Inc., for a Revised Preliminary { Plat, Pilot Knob Associates First Addition, to Adjust Lot Lines to Allow the Kinder Care Facility as Part of the Pilot Knob Center Preliminary Plat in part of the SW'y of the NW'g of Section 15 (North of Duckwood Drive in the General Area of Denmark Avenue) P6'k D. Gregory Heuer for Transfer of Non—Intoxicating Malt Liquor License for Piccolo's Pizzeria, 4162 Pilot Knob Road Qd'k E._ Variance from Lot Line Requirements/Townhouse District -- Yankee Doodle Development Company (Dennis Peck) Q7D F. Establish Public Hearing for I. R. Financing to Consider a $3.1 Million Motel Adjacent to Yankee Square Shopping Center 7 DG. Preliminary Plat Extension for Cottonwood Addition Q .-11-H. Preliminary Plat Extension for L & F Addition Q 1 k I. Preliminary Plat Extension for Pilot Knob Office Park Q 16J. Preliminary Plat Extension for Country Glen Condominiums Preliminary Plat Extension for Berry Ridge Condominiums VIII. ADDITIONAL ITEMS RVA. Final Plat Revocation/Lone Oak Heights (Orrin Aune) IX. VISITORS TO BE HEARD (FOR THOSE PERSONS NOT ON THE AGENDA) X. ADJOURNMENT MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 15, 1982 SUBJECT: AGENDA INFORMATION After approval of the October 5, 1982 regular City Council minutes and special City Council minutes for the September 2, September 16, September 30, and October 12, 1982 meetings and the October 19, 1982 City Council agenda, the following items are in order for consideration: DEPARTMENT HEAD; B,USQ,NESS FIRE DEPARTMENT A. Fire Department -- There are no items to be discussed for the Fire Department at this time. POLICE B. Police Department -- At the last regular City Council meeting held on October 5, 1982, three (3) residents residing in the general vicinity of the intersection of Sigfrid and Sequoia Drive appeared and requested the placement of stop signs at that intersection. Due to the proximity of that intersection with the location of Pilot Knob Road, it was determined by the City Council that stop signs were not warranted at the intersection at this time. Instead, the Police Department was directed to perform a speed survey and enforcement on this street and report to the Council any observation of speed limit violation and/or tickets issued through enforcement during the short period between October 5 and 19. A copy of a report prepared by Chief of Police DesLauriers is enclosed on page 2-_ for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the report and continue the infrequent placement of a squad car at that location, erect stop signs at the intersection or consider the intersection as usual and customary with other similar intersections for the usual and customary police patrolling. We have run radar speed checks with marked and unmarked vehi- cles. The checks were made four times a day, morning and evening, between the hours of 0730 to 0818 and again between 1640 to 1810 hours. During these times, we had between 36 and 50 vehicles and the average speed was from 23.75 MPH to 24 MPH; two vehicles drove over the speed limit (one at 31 MPH and one at 32 MPH). I would not recommend any further signs. However, the residents of the area should be advised to obtain a description of violators' vehicles, including license numbers if possible, and call this de- partment. Our officers feel it may be one or two persons who are causing concern for safety in the area. MD/vk Z a7, Martin DesLauriers THE Lo -,%T O.aK TREE — THE S};ygOL OF STRENGTH & GROWTH IN OUR CO.1LlH \7TY Agan i3oiire Meparthent '``': Martin Deslauriers� ^r— 3830 Pilot Knob Road l����: Chief of Police Eagan, Minnesota 55122 Jay M. Berthe k. A Assistant QeiejojPolice _c4-cr-� 14 October 1982 TO: Thomas L. Hedges, City Administrator FROM: Chief of Police SUBJECT: Speed Survey/Enforcement Sigfrid West of Pilot Knob We have run radar speed checks with marked and unmarked vehi- cles. The checks were made four times a day, morning and evening, between the hours of 0730 to 0818 and again between 1640 to 1810 hours. During these times, we had between 36 and 50 vehicles and the average speed was from 23.75 MPH to 24 MPH; two vehicles drove over the speed limit (one at 31 MPH and one at 32 MPH). I would not recommend any further signs. However, the residents of the area should be advised to obtain a description of violators' vehicles, including license numbers if possible, and call this de- partment. Our officers feel it may be one or two persons who are causing concern for safety in the area. MD/vk Z a7, Martin DesLauriers THE Lo -,%T O.aK TREE — THE S};ygOL OF STRENGTH & GROWTH IN OUR CO.1LlH \7TY Agenda Information Memo October 15, 1982 Page Two PARK DEPARTMENT C. Park Department -- There are no items to be considered under Park Department at this time. PUBLIC WORKS DEPARTMENT D. Public Works Department -- Item #1: Project 306 (County Road 30) & Project 342 (Cedar Grove Street ReCOIIStruCtlon -- Dakota County has budgeted tor the upgrading and improvement of County Road 30 from Nicols Road to Blackhawk Road for the 1983 construction season. Also, the City has anticipated that Cedar Grove First and Second Additions would be reconstructed/repaired as previously discussed. Because both projects impact a considerable number of existing residences within the Cedar Grove area, combined with potential precedent setting assessment policies, the staff would like to informally review the feasibility reports for both projects with the Council at either a special meeting or the regular Council meeting on November 9th at the latest. In order to meet time frames required by the County for preparing plans and specifications and advertising for bids, it will be necessary for the City of Eagan to hold the public hearing, determine the status of the frontage roads along County Road 30, close the public hearing and order in the improvement before the end of this calendar year. Because of the considerable number of people that these two projects will affect, it is recommended that a special public hearing be held at the Cedar Elementary School. Staff is recommending that this special public hearing be held on Thursday, December 16 so that final formal action can be processed at the last Council meeting of 1982 on December 21. Because it is anticipated that there would be considerable discus- sion pertaining to unique policies pertaining to both these projects, the staff would greatly appreciate an opportunity to discuss these projects in an informal atmosphere at a special City Council meeting prior to November 16 if at all possible. No formal action would be required of the Council at this time. However, staff would like some informal concurrence from the Council as to their agree- ment to these special workshop meetings pertaining to preparation of a public hearing for these two projects. 3 Agenda Information Memo October 15, 1982 Page Three CONSENT 'AGENDAi There are seven items to be considered under the agenda referred to as consent items which requires one motion for approval of all items. If there is any item the Council wishes to discuss in detail that item should be placed under Additional Items unless the discus- sion required is brief. ST. JOHN NEUMANN TEMPORARY LICENSES A. Don O'Grady for Temporary Bingo & Non -Intoxicating Liquor Licenses for St. John Neumann Church for 11-21-82 -- An application was submitted by Don O'Grady who resides at 3770 South Hills Court, Eagan, Minnesota, representing St. John Neumann Church for a tem- porary bingo license and temporary non -intoxicating malt liquor license for a bingo event to be held on November 21, 1982 at St. John Neumann Church. ACTION TO BE CONSIDERED ON THIS ITEM: To approve temporary bingo and non -intoxicating malt liquor licenses for St. John Neumann Church. TEMPORARY 3.2 LIQUOR LICENSE - ST. JOHN NEUMANN B. Anthony Lancette for St. John Neumann Church/Temporary Non - Intoxicating Malt Liquor License for Annual Fall Dance -- Applica- tion was made by Anthony Lancette, 1720 Crestridge Lane, Eagan, Minnesota, representing St. John Neumann Church, for a temporary non -intoxicating malt liquor license to be used November 12-13 for the Annual Fall Dance. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the non -intoxica- ting malt liquor license for St. John Neumann Church for the Novem- ber 12-13 dance. PUBLIC HEARING FOR ORDINANCE CODIFICATION C. Establish Public Hearing for Ordinance Codification -- A public hearing is scheduled for the November 9, 1982 City Council meeting to consider and allow public input into the ordinance codification project that is currently being worked on by Roger Jensen, Municipal Ordinance Codifiers, Inc. Approximately one year ago, Roger Jensen was contracted by the City of Eagan to perform an ordinance codifi- cation of all City ordinances. The City staff, along with City Council representative Tom Egan have met with Roger Jensen on several occasions to work on all aspects of the codification. All ordinances have been incorporated into several chapters and are readily referenced in a table of contents. The City will ini- tially have one (1) ordinance that will adopt the entire City code which is comprised of all the ordinances which have been adopted a 0 0 Agenda Information Memo October 15, 1982 Page Four by the Town Board and City Council to date. It is estimated that the municipal ordinance codification will be effective January 1, 1983, and, therefore, a public hearing to consider any input or questions that the public might have is recommended for the November 9, 1982 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a public hearing to consider the ordinance codification at the November 9, 1982 meeting. 1983 BEER & LIQUOR RENEWALS D. On -Sale & Off -Sale Liquor, Wine, Club & On -Sale & Off -Sale Beer License Renewals for 1983 -- Enclosed on pages 6 through are on -sale liquor license, club license, wine- ii cense, off- sa a liquor license, on -sale beer license and off -sale beer license that are in order for renewal consideration for 1983. All license applications have been carefully reviewed by the City staff and are found to be in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM beer and liquor renewals for 1983. S To approve the aforementioned • 1983 ON SALE LIQUOR LICENSES Name & Address License Number Cedarvale Bowl 8 3883 Beau d Rue Dr Eagan MN 55122 Durnings 3 James Durning 4625 Nicols Rd Eagan MN 55122 Eagandale Club 6 3330 Pilot Knob Rd Eagan MN 55121 LaFonda De Acebo 7 3665 Sibley Memorial Hwy Eagan MN 55122 Mediterranean Cruise 10 Hussein Ansari 3945 Sibley Memorial Hwy Eagan MN 55122 Southfork 2 C & L Restaurant Inc 4185 So Robert Trail Eagan MN 55123 Starks Halfway Gary Starks 3125 Dodd Road Eagan MN 55123 4 Valley Lounge 5 Lois Tousignant 3385 Sibley Memorial Hwy Eagan MN 55122 Norman Vogelpohl 3434 Washington Dr Eagan MN 55122 J Council Approval - Date N 1983 CLUB LICENSE (LIQUOR) Name & Address Spur Inc 2750 Sibley Memorial Hwy Eagan MN 55121 1983 WINE LICENSES Name & Address Carbone's Fratelli Tre Inc 1665 Yankee Doodle Rd Eagan MN 55122 Diamond T Ranch Jerry Thomas 4889 Pilot Knob Road Eagan MN 55122 Italian Pie Shoppe James Basta 1438 Yankee Doodle Road Eagan MN 55122 Lee's Bar B Que Fred Lee 1989 Silver Bell Rd Eagan MN 55122 1983 OFF SALE LIQUOR LICENSES Name & Address Applebaum Companies Cedarvale Liquors 3900 Beau D Rue Drive Eagan MN 55122 Kennys Enterprises Kenneth Youngberg 1444 Yankee Doodle Rd Eagan MN 55122 Mark & Pamela McCrea 4330 Sequoia Dr Eagan MN 55122 J E Parranto 3804 Sibley Memorial Hwy Eagan MN 55122 Council Approval - Date % 0 License Number 1 License Number 3 1 2 5 License Number 1 2 4 3 .I a .. 4 0 1983 ON SALE BEER LICENSES Name & Address Airliner Motel Pui Man Wong 2788 Hwy 55 Eagan MN 55121 Carbone's Fratelli Tre Inc 1665 Yankee Doodle Rd Eagan MN 55122 Carriage Hills Country Club William Smith 3535 Wescott Hills Dr Eagan MN 55123 Diamond T Ranch Jerry Thomas 4889 Pilot Knob Raod Eagan MN 55122 Dragon Palace Frederick Ko 1466 Yankee Doodle Rd Eagan MN 55122 Italian Pie Shoppe Inc James Basta 1438 Yankee Doodle Rd Eagan MN 55122 Lee's Bar B Que Fred Lee 1989 Silver Bell Rd Eagan MN 55122 Mr D's Pizza John Kelly 3902 Beau D Rue Dr Eagan MN 55122 Parkview Golf Club Donald Larsen 1310 Cliff Road Eagan MN 55123 Piccolos Greg & Debra Heuer 4162 Pilot Knob Road Eagan MN 55122 Pizza Hut 3992 Sibley Memorial Hwy Eagan MN 55122 0 License Number 8 4 9 1 10 15 6 7 3 11 23 8 0 0 1983 ON SALE BEER LICENSES CONTINUED Name & Address License Number West End Hunting & Fishing Club 2 R R 2 Box 293 -Hwy 3 Rosemount MN 55068 1983 OFF SALE BEER LICENSES Name & Address License Number Applebaums Food Market 10 3910 Sibley Memorial Hwy Eagan MN 55122 Brooks Superette 1 4225 Nicols Rd Eagan MN 55122 Country Club Market 3 3820 Sibley Mem Hwy Eagan MN 55122 Parkview Golf Club 4 1310 Cliff Rd Eagan MN 55123 PDQ Food of MN 9 4160 Pilot Knob Rd Eagan MN 55122 PDQ Food of MN 8 1969 Silver Bell Rd Eagan MN 55122 Q Petroleum 12 4206 Nicols Rd Eagan MN 55122 Superamerica 5 Hwy 13 & Co Rd 30 Eagan MN 55122 Tom Thumb 7 3904 Beau D Rue Dr Eagan MN 55122 Tom Thumb 11 1430 Yankee Doodle Rd Eagan MN 55122 Fi Council Approval - Date 0 0 Agenda Information Memo October 15, 1982 Page Five PETITION/ROBIN LANE STREETS E. Receive Petition, Robin Lane (Streets) -- Enclosed on pages /f through 13 are copies of the petition and location map otte property owners requesting the improvement of Robin Lane from Blackhawk Road to T.H. 13. As the Council may recall, the staff discussed the possibilities of this petition being submitted at the October 5 Council meeting due to the necessity of providing access to Outlot A, Townview First Addition. The only other feasi- ble access would be through condemnaton of 1500 square feet over the existing entrance to the Manitou Townhouse development adjacent to Silver Bell Road. It is the understanding of the Director of Public Works that Metram Properties offered the townhouse associa- tion $25,000 ($726,000 per acre) to obtain mutual access rights over this singular entrance. Because the townhouse association is reluctant to cooperate with Metram Properties, this petition for street improvement over Robin Lane is the only alternative available to provide access to this development. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for improving Robin Lane and authorize the preparation of feasi- bility report # /D C • • I FOR CITY USE ONLY PETITION Petition # Date Received /p— g_8;2 Presented to Council LOCATION/SUBDIVISION Robin Lane Between Blackhawk Road and Highway 13 I/we, the undersigned, owners of the real property adjacent to ROBIN LANE (Street) or within Subdivision, hereby petition Street improvements X Sanitary Sewer Water Supply (Check"requested items) Storm Sewer Street Lights X C Other (Explain) l I/we understand that this petition does not in itself request the installation of these improvements, but rather, request the preparation of a feasibility report in which the estimated costs of these improvements will be tabulated. I/we understand that upon receipt of this petition and the preparation of the requested feasibility report, a public hearing will be held at which time we may voice our support or opposition based on the costs as prepared in said feasibility report. If the requested improvements are denied for construction at the time of public , hearing, I/we hereby guarantee payment for all costs incurred in the preparation of this feasibility report. Signature of Land Ovmer Address of Proverty 1. 2.— — — 7. 8. — 7 I 4 'tb + t'Lry 1'' • { y ' 0 � i �A� eF •� I n. c� ;E 12 'y Ir 0 _ LQ B cr azyr L=7 4 • . �'a•1 f�' P4 .. �yy .: r' - _• D'r✓in 8 kbLsrf bio dress an y0 NRI �78 WO Ij Zr � :'� P A Il •7Y 4 J • - L ' . _ r~ IO / MNU TG 'JT4LL4N0 OI �� ✓� 7s�. ... oro -Ss �s ✓ �^ _ tC mtm 9iy Q 1.4sW V G� o.. S �. EAGAN -M ER 'O • �` �'M' CENTE ' rte• `�..�L% � "/•. � •��- .. i err v' } yr,•I•,:. � a ,•' : .t : n rR� rrr ep •::i:�.;fi�i::i �:: �'•::'•. �'•::•:::'::� �:.}::.}:i: +rss.) •a rJc.c rr ';- S •'•1%4,7ij+1�:.. Jehn 6 ✓rna/ a %' b J •};::{'...T! •• •. r:.. LGPOV .rot ur ,••,••••,•,�, •., ,•��.�',''•: `rte: r:/:: LSLuerLLe Ca9wlta r ;e9a;tr::lyr;:: a <. 1 ti tr � as :LaT 4 � •) rJr trr c r 7 L S. ' f A ad T IA T.: ;:.'13C;lG:,[1i?j�:::IPC!t1ii0;i::::: O __II u�• Z6 No L: e a s' r t' t' .q s°. j• t T-•-r�YL l-C ?Y �•:�{.�'':::�i}.i.�:�:'�ir::'�::•f':} ::;}:tip::}:}::::%{:��:�':; F GC f. ' H..q JKa. 1 ::kiie;:ii3K:JJik:t'` 1 :..itie-,S •.':::•'�L:�:':�'. t •r.•.; / •r•r • Prribrir 6 Oaat•• '`:: ":�:::.:•:::•; :•.}.. •.Yr tTri:�::: 7 .. LttNrrt• rv. , _ •:.V:::: i' :::::ti•: :�. ••• sa•IL ,r P �_ i Mr' y A-. JN/Nnd ar.10 }};V,F,TjQF:?':i':•-:: �t '�' Sw Oro- O/Jan n .�,r ,•j:_::':•::: }::i::?ti.i}': 1 z ] • s B P : ,rrG a e. 6 Matti L ••••.i•.•i. 1l Bra wrr 1, 1 XL 2irhare• 6 Thr/tM I ` • t \ a O Y :;��•••••••• 4` ,Purg rT I p9o_vf JU•r a j Q fil 'i„'�i� a by • \� gBLK.21 I �M t 2 ] • z ] ° i'.'..•r+.. t e 1 • ! t :o. • Agenda Information Memo October 15, 1982 Page Six CONTRACT #81-5 F. Contract #81-5, Final Payment & Acceptance (Cinnamon Ridge First Addition, Twin View Manor Second Addition, et al - Utilities) -- The City has received a request for final payment through the consulting engineering firm along with a certification of compliance with approved plans and specifications and a recommendation for acceptance for perpetual maintenance. All inspections have been performed by representatives of the Public Works Department and all requirements associated with this contract have been fulfilled by the contractor. Contract #81-5 provided for the installation of utilities to the Cinnamon Ridge First Addition (Project #346A), Univac Semi Conductor facility (#337A), Twin View Manor Second Addition (#335A). ACTION TO BE CONSIDERED ON THIS ITEM: To approve the eighth and final payment of $2,000 for Contract #81-5 to Barbarossa & Sons, Inc., and accept these improvements for perpetual maintenance. CONTRACT #81-13 C. Contract #81-13, Final Payment & Acceptance (Windcrest Second, Windtree Second -- Utilities) -- The City has received a request for final payment through the consulting engineering firm along with a certification of compliance of approved plans and specifica- tions and a recommendation for acceptance. All inspections have been performed with representatives of the Public Works Department. All conditions required by this contract have been satisfactorily complied with. Contract #81-13 provided for the installation of utilities to Windcrest Second Addition (Project #340A), Windtree Second Addition (#341A) and Park Cliff First Addition Storm Sewer Extension (#359). ACTION TO BE CONSIDERED ON THIS ITEM: To approve the fifth and final payment for Contract #781-13 to Erickson Construction Company in the amount of $14,911.48 and to accept these improvements for perpetual maintenance. i'q- 9 0 Agenda Information Memo October 15, 1982 Page Seven PUBLIC:HEAR'INGS VACATION OF TRAIL EASEMENT/BRITTANY ADDITION A. Vacation of Trail Easement/Brittany Addition -- Enclosed on pages Idthrough .17 are copies of a memo from the Director of Parks 5 It creation a� a map which explain the conditions which have led to the recommendation of the Parks & Recreation Committee that this trail easement be vacated. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the Parks & Recreation Committee that the trail ease- ment in the Brittany Addition be vacated. /S • • October 15, 1982 MEMO TO: TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION RE: TRAIL EASEMENT VACATION; BRITTANY MANOR Background: The City had previously obtained a 30 foot wide trail easement in the platting of Brittany Manor First Addition. This ease- ment proceeds easterly from Johnny Cake Ridge Road, at approxi- mately the half -section line, in the Brittany Manor Addition. The purpose of this trail easement was to gain access to a 20 foot utility (sewer) line easement in anticipation of the City developing a trail over the utility easement. The utility easement continues in a north east direction through the Johnny Cake Ridge addition, and would have provided an "internal trail link" between Johnny Cake Ridge Road and Cliff Road. Sometime after the City obtained the 30 foot wide trail easement; the platting of the Johnny Cake Ridge addition came about. The William Brothers pipeline crossed through this addition, and the City was able to obtain a trails dedication from the developer. The City now owns this pipeline easement, and has indicated its potentialas a trail link between Johnny Cake Road and Cliff. This trail dedication would, therefore, duplicate the intent of the original 30 foot easement; making this 30 foot easement un- necessary for parks purposes. The Advisory Parks and Recreation Committee reviewed this issue at its meeting of August 5, 1982 and recommended that the 30 foot easement in Brittany Manor be vacated. Should you have questions in regards to this, please contact me. Attached: Map n 16 ' t ' � ry ` 1 i % t"'" . �i ''}d a• L,,`;, j� 1:a. t-" • �t• �,�yvif; - i`- . _-.{^'' I_I ... • � q A v, p qfp f, • d7as1 ♦: •1 Zq' p .. �: I ( �', .Y�.�fi f t:.� •• v. � i •SY:.. '• • t aw pwn• r p '.�:. 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''ey S° a yl� �`,:_ � \ d ,'�\I Ile Q }r�--a-�{��--r-�j1 � , p ! � •4'::: 4, � .n„.yy3 +,y AVO/•� j / � t, •. \�� �'I yjy 1 { '/O)f TM1w� F� :.r"t1�"'^: 9(b lj, 1 w,y • i )'• i''T1.., !_• mISP :. ..�i Q d F 3aa A' t�• i ��sk i;4o.,'I t ,.q/a + ebb —O�ti ��wr a {m,br!),x• w �/ /! • "L ^•.!n{.: • !�1 ,'l� P :e •. 3,qH �''1 !.. _I' •� 7 _' f ° v. ..e •^="/ ('n ' L• - •�• •{ •.•. N?d. �'r V �T7z �Z °. ; •` %+ T . '.S,aS ,4.: • , .+ '- r, is : / . •^� ; .i �•`r:� Mr VW 1/ 147 41 rj f 'y •. ♦. z i Vb Q•1'•P. •,'J .r4• :v � .• i(_p 4 t �•. � n.: ?''�5: .•t.}iAY„ 'r •'•u `�• u U , it -' , , ����q�,T�'\�'✓� 4 �.ii ri C ••..h•••w.. :� •,'`,. q � •..;:.}:4+d.'::Cl., . ,Z 1 f S ` �L% �}' • } �}'�' I I `�:I�`l is 1 �O!(J. ••''Y:?5::�, ,•�•• .. ::rv:•.:4.; 0 0 Agenda Information Memo October 15, 1982 Page Eight OLD-BUSINE,Sfi: SHEFFIELD ADDITION A. Sheffield Addition: Request for Clarification/Gabbert Develop- ment Company -- At the last regular meeting of the City Council, action was taken to deny the preliminary plat entitled Sheffield Addition. The developer, Gabbert Development Company, and the property owner, Jim Curry, have requested time to appear before the City Council and ask for a clarification on the action that was taken at the October 5, 1982 meeting. It was the opinion of the developer after the September 21, 1982 City Council meeting that it was the desire of the City Council that all lots contain a minimum square footage of 7500 square feet and a front yard width at the setback line of at least a 60 foot minimum. The plat that was presented at the October 5, 1982 meeting did proposed those minimums. Due to the fact that the developer had provided a second set of numbers on the drawings that showed the lot width less than 60 feet at the location of the street, it might have caused a mis- interpretation of the drawing. Mr. Gabbert has written a letter, a copy of which is enclosed on pages it? through 2,0 requesting time on the agenda. Mr. Rod Hardy, vice president oF—Sienna Cor- poration has submitted a letter to Mayor Blomquist asking for a letter reasons for denial of the preliminary plat. A letter has not been drafted to the Sienna Corporation due to the special re- quest by Gabbert Development to appear before the City Council. A copy of that letter is enclosed on page Z) Copies of the Advisory Planning Commission minutes, Cityou— ncif minutes of the September 21 and October 5 meetings are enclosed on pages 2 Z thru 25' for your reference. For additional information, refer to pages 2 6 through 3) taken from the October 5 City Council packet. ACTION TO BE CONSIDERED ON THIS ITEM: To take no action remaining consistent with the action taken at the October 5, 1982 meeting or to reconsider the recommendation of the Advisory Planning Com- mission that was presented to the City Council for consideration at the October 5, 1982 meeting. 9E GABBERT DEVELOPMENT 1055 E. Wayzata Blvd. Wayzata, MN 55391 October 12, 1982 Mr. Tom Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: Because both the staff and the developer believe that the Sheffield Plat submitted October 5 met the requests of the council from September 21, we are requesting that the action taken by the council on October 5 be scheduled for discussion at the October 19 council meeting. A vote was requested by the developer only because staff and developer believed the plat was designed as requested at the previous meeting. The vote was also taken unexpectedly before the developer, staff and council were able to discuss any misunderstandings or differences and negotiate those differences into an acceptable agreement for both parties. Please have council address itself to the 2 following items. Please give us written clarification why the Sheffield plat was denied. The minutes from the council meeting dated September 21 states the council tabled the proposed plat and requested all lots to be "60 feet wide at lot front width". Ordinance 52 defines "lot width" to be measured at minimum front yard setback. As requested, on October 5 the developer presented two layouts to choose from, all with lots no smaller than 60 feet wide at lot width. The staff believes the plat was not clear and the council confused the widths on the street for the lot widths and, therefore, thought the lots were less than 60 feet wide. On the straight streets, the lots are 60 feet wide or larger at both the buildings set back and on the street. The wedge shaped lots on a curved street are 60 feet wide or larger at the building set back, but, of course, less on the street (approximately 40-50 feet). The developer and the staff felt it was clear the council did not want 60 feet on the street on the wedge shaped lots, since every single family development in Eagan with wedge shaped lots has less than 60 feet on the street. Please clarify. J� E Mr. Tom Hedges Page 2 October 12, 1982 Because of the misunderstanding surrounding this plat, we request council to re -open hearings tonightversus starting over at planning commission on a plat that would, essentially, be the same and cause unnecessary time delays that would create a financial hardship on the developer. Sincerely, David Gabbert Gabbert Development DG/ch ZO Sienna JV � L 'J IJ(✓�. PLANNERS DEVELOPERS CONTRACTORS 4940 VIKING DRIVE- SUITE 608• PENTAGON OFFICE PARK • MINNEAPOLIS. MN 55435-(612) 835-2808 October 11, 1982 Ms. Bea Bloomquist Mayor City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Re: Sheffield Addition Dear Madam Mayor: On behalf of Lexington South Associates, owner of the land in the Lexington South P.D. subject to a preliminary plat applica- tion submitted by Gabbert Development, Inc., we hereby request in writing the reasons for the decision to deny the preliminary plat of Sheffield Addition on October 5, 1982. We are concerned that the mutual rights and obligations under the P.D. Agreement have not been abridged. This request is to formalize the request we made at the Council Meeting on October 5, 1982. Thank you for taking care of this matter. Sincerel yours, Aey Ha d Vice President cc: Mr. Thomas Hedges Gabbert Development, Inc. 2k APC Minutes August 24, 1982 0 0 SHEFFIELD ADDITION - PRELIMINARY PLAT The hearing regarding the application of Gabbert Development, Inc. for preliminary plat approval of Sheffield Addition in Lexington South Planned Development, north of Cliff Road, adjoining Wilderness Run Road, was opened by the Chairman. Wally Gabbert appeared for the applicant and noted that 11.36 acres were included containing 44 small single family lots. The parcel is currently zoned R-2 (Mixed Residential) with a density between 3 and 6 dwelling units per acre. The Land Use Guide designates parcel R-1 (Single Family Residential) with a density of 0 to 3 dwelling units per acre. The proposed development contains 3.8 dwelling units per gross acre and 4.65 dwelling units per net acre. Mr. Gabbert indicated the consumer prefers single family and that the lots generally are 50 feet in width at the front lot line except four larger lots. It was noted also that the eyebrow and the lots on the curve would be less than 50 feet at the street line. He displayed drawings of four proposed homes to be constructed on the lots and noted that certain lots could accommodate 45 foot frontages with the homes proposed. A number of neighboring residents from Lakewood Hills Addition appeared and had strong concerns about the pond to the north of their property and the possi- bility of development causing additional drainage with the resulting assess- ments to the Lakewood Hills owners. Mr. Colbert explained the City's pond and storm drainage policy and method of assessments for storm sewer purposes. Pam Lane stated she was concerned about lot widths and the impact of a greater number of people on schools, streets, etc. Mr. Gabbert stated the prices would be in the $60,000.00 range. He also compared lot widths and gross square footage in other subdivisions with smaller than minimum lot size re- quirements. All except four lots would contain about 7,500 square feet. Mr. Colbert was concerned about the 20 foot driveway widths in the eyebrow and only 10 feet between driveways, which would not be sufficient snow storage area. Mr. Krob stated he did not favor 50 foot width lots and 32 feet widths at the eyebrows. Mr. Gabbert indicated that it would be possible to narrow the width of certain lots to 45 feet and increase the widths adjoining the eyebrow. He also stated that he would agree to widen the access street with Oakwood Heights Addition. Member McCrea recommended reducing the lots to provide minimum 50 foot lot widths, including those adjoining the eyebrow. It was also recommended that staff study the minimum width of lots and minimum lot sizes with further review by the Planning Commission. It was noted that there was park land on the west and pond on the east. Krob then moved, McCrea seconded the motion to recommend approval of the application, subject to the following: 1. Reduction of the number of lots in the subdivision to provide mini- mum 50 foot lot widths at the street line on all lots. 2. A development agreement shall be executed prior to the final plat approval of Sheffield Addition. 3. No variances for side setbacks or lot coverage shall be approved unless related to trees or topographic hardship for the particular lot as determined by the City. 22 3 0 0 APC Minutes August 24, 1982 4. The easterly access of the looped street shall be -shifted westerly in order to obtain a 4 -way intersection with the access of Oakwood Heights. 5. No direct access shall be allowed from Wilderness Run Road. 6. A blanket variance or deviation would be allowed to create the smaller single family lots in accordance with the planned development. 7. An 80 foot right-of-way for Wilderness Run Road shall be dedicated if not previously dedicated under Oakwood Heights preliminary plat. 8. The east intersection at Wilderness Run Road shall be relocated to provide proper allignment or separation with the private drive for Oakwood Heights. 9. This development shall accept all standard City assessments levied and assigned to it. 10. A detailed grading, drainage and erosion control plan shall be submitted and approved by the City prior to final plat approval. 11. If installed privately, the utility layout and design shall be as approved by the City. 12. Necessary ponding easements must be dedicatd along the easterly tiorder of this development and also for the southwest corner of the develop- ment as a part of the final plat. 13• A 10 foot drainage and utility easement shall be dedicated adjacent to all public rights-of-way, private property and centered over all internal lot lines, except for the proposed storm sewer locations which shall be 20 feet wide. All voted in favor except Turnham who voted no. WEDGWOOD IST ADDITION - SETBACK VARIANCE The public hearing regarding the application of Sienna Corporation for variance from front setback for Lots 19 through 26, Block 1, Wedgwood lst Addition was next convened. Rod Hardy appeared for the applicant and re- quested a maximum 10 foot setback variance from the 30 foot front setback requirements for the lots mentioned above. John Hankinson also appeared for Sienna Corporation. Mr. Hardy noted that in order to fulfill FHA and VA requirements, it would be necessary to have no greater than 3 to 1 slope and also, that a significant number of trees would be removed in the back yards, which are very steep, if the application is not granted. It was noted also that there may be a request for an additional five lots but no action would be taken at the present time. It was also noted that trees and topographic 2.3 4 Council Minutes September 21, 1982 0 PRELIXINARY PLAT - SHEFFIELD ADDITION An application of Gabbert Development, Inc. for preliminary plat of Sheffield Addition consisting of 11.3 acres and containing 42 small single family lots was then brought before the Council. Mr. Wally Gabbert appeared on behalf of the applicant. The Advisory Planning Commission recommended approval at its August 24, 1982 meeting. Mr. Gabbert indicated that the plat had been reduced from 44 to 42 lots to allow 50 foot minimum lot widths in all lots of the proposed plat. He indicated that it was his understanding that the development was zoned R-2 allowing duplex development but that it was the Petitioner's belief that small single family homes were more appropriate. He indicated that the gross density was approximately 3.69 units per acre. Mayor Blomquist indicated to Mr. Gabbert that in actuality, the Council was more concerned about net density and that the net density was 4.65 or 4.44 units per acre, which was on the high side of the range of density allowed within the concept zoning for planned development. Mr. Gabbert was advised that the area to be platted did not have R-2 zoning nor was it designated R -II on the Comprehensive Plan. R-2 designation was merely a concept in general, approved for the planned development. It was indicated that the Council had complete discretion to approve or disapprove of the proposed plat including aesthetics, configuration, community need, continuity within the planned de- velopment, etc. Councilmember Egan indicated that frontage widths of single family housing within planned developments was rapidly shrinking without serious consideration on the part of developers and the City. He indicated that the minimum lot width in Wedgewood Addition had been 70 feet, in Northview Meadows it had been 60 feet and now this addition'was being proposed as 50 feet. A great deal of concern was expressed regarding the abandonment of Lot frontage width minimums and the disguising of high density by minimal single lots described as R-1 use. Lot widths less than the minimum allowed in the zoning ordinance may be allowed in a planned development. The Council does have the discretion to determine whether such a configuration within a planned development meets the needs of the community and will provide a plat which is aesthetically pleasing both to the planned development and the community at large. Egan moved, Wachter seconded a motion to continue the matter to the October 5,' 1982 meeting provided the developer and staff could develop a plat allowing for minimum 60 foot lot frontage widths. All voted in favor. ;L4 8 0 0 City Council Minutes October 5, 1982 fact that the property owner indicated that it is cost prohibitive to move the building and that it would be situated in a front yard that would not conform with the setbacks from streets; further, subject to the preparation of Findings of Fact and Conclusions of Law to be submitted to the City Council for approval at its next regular meeting. Council Wachter indicated that he favored the motion in that the owners bought their lots or homes and assumed that lots would be retained at the same size, density and uses as had been provided under the Covenants and Restrictions relating to the subdivision. All members voted yes. SHEFFIELD ADDITION - PRELIMINARY PLAT The application of Gabbert Development, Inc. for preliminary plat approval of Sheffield Addition consisting of 11.36 acres, containing 44 single family lots was then reviewed by the council. The application had been heard by the City Council on September 21 and the recommendation from the Advisory Planning Commission to approve the preliminary plat was given consideration. The Council then had a number of concerns with reduction in lot size and requested that the developer and the staff reconsider the lot sizes and increase the lot frontages to at least 60 feet per lot as indicated in the Resolution of the September 21 meeting. Wallace Gabbert was present and Councilmembers indicated there was no substantial changes in lot widths. It was further noted that a number of lots were less than 60 feet at the front lot line and Councilman Egan who made the earlier motion, indicated that it did not conform with the Council directive. Wachter moved, Egan seconded the motion to deny the application for preliminary plat, based upon the fact that the lots did not conform with the widths requested by the Council which requires a variance in excess of what the Council determined to be adequate planning; it was further understood that the applicant could resubmit its application to the City for further review by the Planning Commission and Council. Mr. Gabbert indicated that the two plans submitted provided for all lots at the building setback line of a minimum of 60 feet and requested approval of the application. Those in favor were Blomquist, Wachter and Egan. Those against were Smith and Thomas. Mr. Rod Hardy was present on behalf of the seller, Lexington South, and requested a written explanation or the basis for the council's action. MAYOR BLOMQDIST'S BIRTHDAY The Council, together with other persons present, celebrated the birthday of Mayor Blomquist and offered good wishes to the Mayor. LEXINGTON PLACE - PRELIMINARY PLAT An application of Orrin Thompson -U. S. Homes for extension of time for submission and approval of the final plat of Lexington Place was considered by the Council. The matter had been continued from the September 21 meeting. Bob Carlson of Thompson Homes was present and he stated that screening is being installed on Cliff Road adjacent to Ridgecliffe and that an attempt is being made to resolve the location of farm equipment on a neighboring owner's as 6 TO: THOMAS L. HEDGES, CI'T'Y ADMINISTRATOR F W: DALE C. RUNKLE, CITY PLANNER DATE: SEPTEMBER 30, 1982 RE: UPDATE ON SHEFFIELD PRELIMINARY PIAT At the September 21, 1982 City.Council meeting, there seeped to.be some confusion between Flamed Development zoning and densities designated in the Eagan Comprehensive Guide Plan. In 1975, the City of Eagan approved the Lexington South Planned Development consisting of approximately 1,140 acres. In this Planned Development, there were 695 acres of residential development ranging from single family to multiple development. In the attached exhibit is the land use approved by the City Council in 1975. The area of concern, or the area where Sheffield is proposed, is desig- nated as an R-2 (Mixed Residential, 3-6 units per acre). In the Plan- ned Development zoning, the developer has the right to develop between 3-6 units per acre and be consistent with the Planned Development agree- ment for Lexington South Planned Development. Therefore, the developer has the option as to what density he selects between the 3 and 6 dwelling units per acre. The Comprehensive Land Use Guide also uses the same legend as was used in the Lexington South Planned Development. This is where the confusion appears to be is in regard to the same legend in the Comprehensive Guide Plan as in the Lexington South Planned Development. The Comprehensive Guide Plan should be used only to guide development where areas in the City have not been zoned or if there is a proposed zoning change, the Com- prehensive Guide Plan should be used to guide the development toward the overall plan that the City is trying to implement. In reviewing the Eagan Comprehensive Guide Plan, Chapter X, Page 6, Paragraph H defines the re- lationship between Comprehensive Guide Plan and zoning. Enclosed is this portion of the Comprehensive Guide Plan for your review. The second concern regarding Sheffield Addition which was expressed at the September 21, 1982 City Council meeting was in regard to the small single family lots. Even though the developer is within the density allowed in the Lexington South Planned Development, the City Council still has the option to approve the detailed plan. It is staff's understanding that the Council has the right to recommend that the developer be allowed spall single family lots, twin hones or duplex, or townhouse to be constructed within the 3-6 dwelling units per acre. Therefore, density should not be the issue but the design as to what type of dwelling units the City wishes to provide should be the issue to be considered. In regard to the small single family lots, the City Council indicated that 50' widths were too narrow and that 60' would be more favorable if single family were to be allowed within this general area. The developer has re- vised the detailed plan in accordance with the recommendations of the City Council. The developer has submitted two revised plans to be considered at the October 5, 1982 Council meeting. On Plan A, the applicant is pro- posing 42 single family lots. All lots have a 60' width at the 30' setback -}+-7- 26 Update on Sheffield Preliminary Plat September 30, 1982 Page two line of a public street. Plan A also proposes sliding the loop road approxi- mately 25-30' south of the original plan. This allows an additional eye -brow to be provided and maximize the land which contains Lots 1-15, Block 1, Shef- field Addition. The gross acreage of the development has not changed and still retains 11.36 acres. The public rights-of-way in the proposed plat is 2.3 acres and there would be 4.64 dwelling units per net acre. The second plan submitted is just keeping the existing loop street as proposed in the original plan. The applicant increased the lot size in order that all lots would have a 60' width at the 30' setback. This plan reduced the origi- nal lots by three and the new proposal will contain 39 single family lots. The acreage is the same as the original plan of 11.36 acres, public rights- of-way would contain 1.90 acres and there would be 3.433 units per net acre. The applicant is prepared to review each of the revised plans with the city Council at the October 5th meeting. The applicant is still proposing to con- struct single family lots instead of proposing duplex or townhouse develop- ment on this particular site. If anyone has any questions regarding the revised plans or would like further information, please feel free to contact me at the Eagan city Hall. 1` DCRZjach 44- a1 % lL Y• to -i �.•,^ .: ,-^!a '' Lexington South W''�\•� � K•l- !%;'• ,11�"I 1 RSB •Rep f� •'j7 • ::J+r'"4Y++r j 2-2A Reo•Res r eP'„kal'+: i • : Fi• •sv :i il• r�.`�!.9! B1i 3 Ra] -Ives + ..••�''rS- Re] -Rae ' R4 • 'scma > > J.� , • ii "' !" :4"f �' :•.1rr?tip.\�17 R4' — "i',-•i:.1.1;�'_�:�'.y-i4t�^f�-''�.y.;';n .•♦ ; SJR"u P'ul'es i'''ii.. �� �i�, iaG '.jl -•/ .. .:•�•'': •.t o - a .•s . a. �..e �•F• R 2•:irk" ' •+•• ; it 1.. . .... .1J. Land Use Plan at .E loa.w,.y sa wla..ww'vW ■a w....ysna..,.y M w.nyy Ip�we� U a.a.a as s•.r. w FY•7tti 0 1 0( H. Relationship Between Comprehensive Guide Plan & Zoning In the implementation of the Eagan Comprehensive Guide Plan, the City does not expect to initiate a rezoning of all of the areas where a conflict may exist between Comprehensive Guide Plan Land Use proposals and existing zoning. There may be isolated instances where a rezoning may be initiated by the City to resolve a land use conflict that is currently adversely affecting land values. These would be the exception rather than the norm. The City of Eagan has executed several Planned Development Agreements over the past several years. There are many instan- ces where the Planned Developments show higher densities or more extensive commercial development than that proposed under the Comprehensive Guide Plan.. These are not necessarily con- sidered conflicts between zoning and the Comprehensive Plan; rather, they are viewed as current trends and an expression of development patterns that the City expects to occur. Time has shown that some of the Planned Development proposals may be unrealistic in terms of density and rate of development. However, the development is permitted to occur as specified in the Planned Development Agreements. Adjustments may occur as the final development plans for the various Planned Develop- ments are approved by the City. This is expected to continue to be the pattern and the Comprehensive Plan should not be Interpreted to mean that the City is going to undertake re- visions of these Planned Development Agreements. In any instance, the Eagan Comprehensive Guide Plan should be viewed as a guide as described herein and in other Sections Of this Comprehensive Plan. It is expected to be utilized by the Planning Commission during the next decade as a guide in their deliberations with property owners and developers and in planning for municipal services to accomodate the pro- jected growth of the City. X-6 PJA N ..e Sxr.rr».i.D V 4 p QY: GR90((f D[ul.00M[NT IYC, '�u • JL•ule •a 11rch ,.. �. 'M1„�,;. 15I- ...... 3._. � ��.� �' ,z w i x 14 - Cl 4Cl 1 .B " A\. Y b I x V r• ' • ` ` \ , i _� P•¢ • ','\� 9mYa• 'Ibwo 1Z - — __ i A i Co Wr�xo �'q 8 ?'[, lHno S.. re roes, 7WG - Z(o •. r� 'i� - « � [ I .. l a I "'•\t. L?e.a wo++., MmN. 5504• � °°� ,•• - A.aue1 •123.1149 .---� 25 • \ / `.�_ . _ _. _ ..___. [ W 4 / ''i, Sanra..,ale 2a,'..BZ ' •% a u J J� � a e � 24 a ..a _ a ♦._ ..may._ a _ _..... _'_. "_'—. _ 2 •• .. � T"014K•af 23 pw• Rx: 1,,,• •.r• r,..a ! ,�.. lwr _. Nn •' 1M1•.• rr.. a' ,ho:�'rx..: LO 22 2l 20 I9 18 ll 16 li 19 �3 �2 (j r.iS N B9'iYYO�W lY.. &L.nrr IY Au.. GaYlrt1 G.ua•ri•ut -- U fb.. w•. . ILIc 1 ..� �) OWIS hL Aft q,a br« q m., w Lnf • 9.OL Mm 0.w. PI•. • H,1J .w, 1, I... JW. . (;: b4, A,. Larp Te IhJI p 2� U.,m 11. A... rx T.., 1581 1. Ko, Aim 2 $uoc<c 42 l.oT3 ILw. 6x R... .I ty�r. •�. GQYWIt M P( ftN � /J.p • I f Y d✓: �aeeyr vcvrJDrma✓r, ]uc ,•'' Y "' � �• 1` a scolt D.+ dam..• ..• 0��� — rV M ! V 1JY: _ �!�� V`\4 301,06 r 1 Y i., • 1D 1 u •ly,, .0 � W 91m i' I'mw 9.110: u131D. DIWs 150e' \m 2(n 1 �•. 13 ' 112 ;Al 10 9 � l ' 6 IS ! . •leo: l varrena✓. t 140 Sr/w. de,'S N[ I •i 9 1 •' ,f V r .l 7,md � f:Ub /9u•4 T. /A.4J DS'.. fA 1 25 bl[ A _ ^ ,nu i ' RI VJeo: Senn Neu tD,N• 1 a, ... •• .. r n „ 1Y V Il�llee C I Y Yom• w Z I r M q ` ry ! •> A a�91o,' Ire: �' d'�: P'f� .�• 2J : R I an: r qP.:O 'am •' •Iuu d't 1 q;pD,•J 4,w'R nand 10.9we'= land r LLMd f4. 22 2L 20 19 l8 17 It, Lq 14 13 12 11 10 \ w re w nl 't r• (Dn aad,adf Ir Awl DDrd•ry . CN1wi+r.w1 1) un. An • 11.%. W.1 I) Uem P• 1m n, .•.•, 1. L.16 . 4944'. P+, mu l.915o1 " ) 11...11 2.L•.1114• I.no A" 59 LOTS ,1 fe.uaro ry4, Slr. p !) Juq P. • 11.. r.. T.... Mr!•N 2,•n.1 W.1. 1,123 u•.1, - 0 0 Agenda Information Memo October 15, 1982 Page Nine SUBDIVISION ORDINANCE B. Subdivision Ordinance -- For the past two years, the planning consultant, Mr. John Voss of Urban Planning and Design, City Planner Dale Runkle, Director of Public Works Tom Colbert, intern staff and the City Attorney's office at the direction and with the coor- dination of the City Administrator's office have been working toward completion of a new subdivision ordinance to replace. ordinance #10 which currently provides subdivision regulations. This ordi- nance contains language that will satisfy certain regulations and requirements set forth by the Metropolitan Council under the land planning act and also provides and coordinates all subdivision requirements that have been modified or changed by the City Council during the past several years. Joint meetings between Advisory Planning Commission members and the City Council have been held to provide necessary work sessions, City staff has spent many hours with developers and the Planning Commission has reviewed the pro- posed ordinance on several occasions. The City Council reviewed the subdivision ordinance at a special City Council meeting workshop session on October 12, 1982 and is suggesting its approval at the October 19 meeting. This ordinance will be included in the ordi- nance codification and become a separate chapter in that document. Due to the length of the subdivision ordinance, a copy was not included in this City Council packet; however, reference should be made to the 10-5-82 copy which is the final draft being consi- dered for adoption. ACTION TO BE CONSIDERED ON THIS ITEM: To approve with or without modification the subdivision ordinance as recommended for adoption by the Advisory Planning Commission. WATER TREATMENT PROJECT C. Water Treatment Project -- At a regular meeting held on July 20, 1982, a decision to treat the water system was approved by the City Council. The Public Works Committee and City staff were directed to review an Aquadene (chemical) treatment and further consideration for the construction of a water treatment plant. The Public Works Committee has met with sales representatives of the Aquadene chemical application and the entire City Council has reviewed two (2) types of water treatment plant facilities within the Metropolitan area. The two plants that were toured were the City of Burnsville and City of Plymouth. After reviewing a report by the Director of Public Works and information learned on the field trips, it was the consensus of the City Council at a special City Council meeting workshop held on October 12, 1982 that a gravi- ty system water treatment plant be constructed. A water treatment 31 0 0 Agenda Information Memo October 15, 1982 Page Ten plant will provide for the removal of iron and manganese from the water system and provide for a centralized water treatment facility in future years to come if there should ever be reason or need to provide any additional or subsequent treatment to the City's water system. The following is the anticipated time schedule for design, construction bids and construction of a water treatment plant: Authorization to Prepare Plans & Specs October 19, 1982 Approve Plans & Specs & Authorize Adv. for Bids April 5, 1983 Award Contract May 17, 1983 Begin Construction June 1, 1983 Completion & Start Up Sept/Oct 1984 The City Administrator and Director of Public Works were directed at the workshop session to request an RFP from the firm of Bones- troo, Rosene, Anderlik & Associates for the purpose of designing and providing construction management for the water treatment plant project. The RFP was received and reviewed by the City staff on October 14, 1982 and a special report will be forthcoming from the Director of Public Works and City Administrator upon their analysis as a part of the administrative packet on Monday, October 18, 1982. ACTION TO BE CONSIDERED ON THIS ITEM: of a 12 M.G.D. gravity filtration plant treatment of water in the City system 20, 1982 City Council action. 33 To authorize as the method as authorized construction of providing in the July Agenda Information Memo October 15, 1982 Page Eleven NEW BUSINESS WAIVER OF PLAT/RICHARD BUCHAN A. Richard J. 'Buchan for a Waiver of Plat to Split Off One Home- stead & Create a Five Acre Parcel -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on September 28, 1982 to consider an application sub- mitted by Richard Buchan for a waiver of plat to split off one homestead and create a five acre parcel. The APC is recommending approval of the waiver of plat to the City Council. For additional information on this item, refer to the City Planner's report, a copy of which is enclosed on pages through 4 a For a copy of the APC minutes, refer to page 3 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve the waiver of plat. 34 0 CITY OF EAGAN SUBJECT: WAIVER OF PIAT 0 APPLICANT: RICE M J. BUCHAN LOCATION: PART OF THE SVs OF THE NFA; OF SECTION 36 4695 DODD ROAD EXISTING ZONING: A (AGRICULTURAL DISTRICT) DATE OF PUBLIC HEARING: SEPTEMBER 28, 1982 DATE OF REPORT: SEPTEMBER 23, 1982 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED An application has been submitted requesting a waiver of plat to split off one homestead and create a 5 -acre parcel located in part of the SE; of the MA. of Section 36. Presently, Mr. Buchan has 6.2 acres located at 4695 Dodd Road. The applicant is requesting to split off 1.2 acres and keep as his existing homestead and create a 5 -acre parcel which he could sell and meet the minimum requirements for an Agri- cultural District. The 5 -acre parcel would allow one additional house to be plac- ed on this 5 acres. It is staff's understanding that Mr. Buchan is retired and wishes to remain living at his present location but does not want the financial burden nor the maintenance responsibility for the total 6.2 acre tract. There- fore, he is requesting to keep 1.2 acres which his house is located on and sell a 5 -acre agricultural parcel. In reviewing this parcel, there appears to be no utilities available .to this site at this time, and maybe some time in the future when the residents in this area agree to extend utilities south of Cliff Road dawn Dodd Road, utilities will be available to this parcel. Until the utilities are available to the site, the parcel cannot be fully developed in accordance with the land use guide plan desig- nation. Therefore, the Advisory Planning Commission will have to review this particular situation in allowing Mr. Buchan to split off the 1.2 acres and create the 5 -acre parcel. The concern staff has regarding a waiver of plat and splitting off agricul- tural land is in regard to the development potential of the 6.2 acres. If Mr. Buchan sells the 5 -acre parcel, it would allow only one additional residential unit on the 5 acres. Staff is concerned where that dwelling unit would be located in regard to the future development of that site. Mr. Buchan has provided an over- lay showing how the Parcel could ultimately develop when utilities are available to this site. This overlay satisfies the staff's concern regarding future devel- ' opment potential if the new home allowed on the 5 -acre tract would be located with- in one of the proposed lots in the overlay plan submitted. Mr. Buchan has 73S 9 0 WADM OF PIAT - RICHAFO J BUCHAN SE=SER PAGE indicated that he would require the house to be located in one of the lots and that an adequate right-of-way could be reserved for a public street when future development occurs. If the waiver of plat is approved, it should be subject to the following condi- tions: 1. Only one home shall be allowed on the 5-acre.paroel and this home shall be located within one of the lots proposed on the overlay plan. 2. Adequate rights-of-way should be planned in order that the street meets the City of Eagan's standards at the time development occurs. 3. This area shall be platted prior to any more development on the site. 4. The park dedication shall be satisfied for this newly -created parcel. 5. The applicant should not object to the installation of utilities when they are available to this area. 6. All easements shall be dedicated as requested by City staff. DCR/jach 36 01-1 L 10: ADVISORY PIANNING CU4-IISSICN, C/O DALE C. RU ME, CITY PLFsNNER FROM: RICHARD M. HEFTI, ASSISTANT CITY ENGINEER DATE: SEPTEMBER 22, 1982 RE: RICHARD C. BUCHAN - WAIVER OF PIAT IN SECTION 36 The Public Works Department has the following comments for consideration of the above -referenced waiver of plat: Currently, no sanitary sewer, storm sewer or water main exists which could serve this area. Water main is the closest and it only canes as far south as County Road 32 (Cliff Road). Residences in this area utilize septic tanks and drain - fields for sewage treatment and private wells for water supply. This will not be a concern until the 5 -acre parcel which is proposed to be created from this split is developed. At that time, consideration should be made as to serving this area with utilities. 0-9 7 '-JUI A W There are no outstanding assessments to be applied to this parcel nor will there be any as a result of implementing this waiver of plat. I will be available to discuss any aspect of this report with the Planning Canis- sion at their meeting on September 28, 1982. Respectfully submitted, 40�-e- A'or� Richard M. Heft., P.E. Assistant City Engineer Mel/j ach 37 9 ADDED PERTINENT INFORMATION 0 DEED RESTRICTIONS To be made part of the deed restrictions transferring the property. 1. No more than one single residence to be built on the 5 acres for ten years. This requirement may be waived in the event water and sewer becomes available sooner. 2. Residence must be started within 12 months of the closing date of the sale. 3. The front of the residnce must be at least 175 feet back (west) of the center line of Dodd road as referenced to the South East West property line. FUTURE. DEVEIORMT The proposed split has been made so as to facilitate platting the 5 acres into R1 residential lots as shown on the Ettached future development plan. OTBER INFORMATION Owner applicant- Richard J. Buchan Age - 70 occupation - Retired Univac 1975 6.2 acre land parcel- The land was purchased in 1967. The home, co4lpleted in 1969) is located in -the center of the 1.2 acres petitioned as shown to be split off. -3Cd -;' 31741.._ i all }moi .-1�--..i � / f / � ~ ._• `1 r \ n �� i-�/.V j f '�'l; 'il f,i 1! _, •Y�'�..-'•._r _ 14 ♦� ' --i �!:RN�ti `� ,'_-j_-;/r ii FLOM •r , 7.x/10• `���• ,' - � `' r -.-. _,'� :/•2 . Acess ------ . - PR91 Pa sF�' JPt�T o 9 N •340 Acre', it 1 .40Lkcre '{ r r j li IC �•r Ji/V ,l- .40T-Acrj 4o1 e •374 Acr 510) f L Il\ 90( 1 '� - ` ( / X11, -jjpy�- \ \ •'S / '� / / - ! , r •554 1 •374 Acr 510) _.F!/Tli�Pr- DcC'PL eilp��.vT P[.4•V--/C6iP - --- — -- =3 t? �..:�:rto t/sem 495 D0�4 Re.4 J. cD f L Il\ - ` ( / as r / '� / / - ! , r •554 1 � •1 5 7. l� • ti ; : l05 r _.F!/Tli�Pr- DcC'PL eilp��.vT P[.4•V--/C6iP - --- — -- =3 t? �..:�:rto t/sem 495 D0�4 Re.4 J. cD - ` 5 _ 1 � •1 5 ?7.73=- _.F!/Tli�Pr- DcC'PL eilp��.vT P[.4•V--/C6iP - --- — -- =3 t? �..:�:rto t/sem 495 D0�4 Re.4 J. cD : - MENUOI , is _• -` ! - _ /;. �. RB ,� . rrr- �T r U --F' GB. T =+r}, • ^ : Ind ' COMMERCIAL _ '�, ! R 1 L �j�,•::�1 i - _ �,c+ i .. PLANNED DEVELOPMENT Ind .... o,- +< c,L• ^,-. R RDI _ ✓ R 1. . P ;` .� :,:� _ri® •� �� '�.:I S 1 R Ind NB �J_I R-111 R -III R .1111 R-11 ��• FBF; P C ;.�. �IF 'z nd. i Q 8.111y .a R I~-- - r`�-. -,/uy Ind ' •,'� R -I ECO „„ ^-III . •.'i-4'' - •CRY :. i�/ I _ I. - p'� � � .�• - R•La;� ,: I � � � ." R -I R II`:, j R-11 � IN ..+ .R11 } HS za• 34iE R-11 R R -III a P R II � -11_ P-- �� �' :>.«. QQ� N •• 4 "' NB ! 7 t_1; i ,� R•III - RB R- Ir R-IIh RI�R III �„ R411 R-111' CSC/GB! I R -t I''.7 _: ,,, ?�� R -II �.w,R R-0 L. LCI• :� �P� Su JEC7 R -11 -II R-II-_T�(.,Ys_ pa=rs.r,.u'�.'I ...3 ® R-11. B YY�� (�1 . CSC rl VALLEY ' '� I j �-ROSEMOUNT� �I NI . I a 0 u 0 11 II 1� 11 I • II I I 11 11 0 0 APC Minutes September 28, 1982 RICHARD BDCHAN - WAIVER OF PLAT - DODD.ROAD The hearing regarding the application of Richard J. Buchan for waiver of plat to split off one homestead and create a 5 acre parcel located on Dodd Road in Section 36 was next convened. Mr. Buchan was present and he explained the reason for his request. He stated that he will file some deed restric- tions including some that relate to setbacks on the newly created 5 acre lot, noting a 1.2 acre parcel remained as his homestead. He agreed with the conditions recommended by the City staff and discussed alternates for future development of the property, including the possibility of rezoning to R-1. Staff recommended against R-1 use because one acre parcels could then be built on, noting there was no utilities in the area. Member Bohne objected to reducing one lot to 1.2 acres or less then 5 acres without utilities in order to split off a 5 acre parcel. Normally the city has allowed a split only when a residence is already located on the property and the remaining vacant parcel would be no less than 5 acres. After considerable discussion, Wilkins moved, Rrob seconded the motion to recommend approval of the application, subject to the following conditions: 1. Only one home shall be allowed on the 5 acre parcel and this home shall be located within one of the lots proposed on the overlay plan. 2. Adequate rights-of-way shall be planned in order that the street meets the City of Eagan's standards at the time development occurs. site. 3. This area shall be platted prior to any more development on the 4. The park dedication shall be satisfaied for this newly created parcel. 5. The applicant shall not object to the installation of utilities when they are availabe to this area and an appropriate agreement to this effect being signed by the owners. 6. All easements shall be dedicated as requested by City staff. All voted in favor except Bohne who voted against. -9.3 2 0 0 Agenda Information Memo October 15, 1982 Page Twelve PROPOSED PRELIMINARY PLAT FOR CLARKSON ADDITION B. Elmer L. & Dorothy A. Scott for Preliminary Plat, Clarkson Addition, Consisting of Approximately 3.88 Acres & Containing Two Lots -- A public hearing was held before the APC at their last regular meeting held on September 28, 1982 to consider a preliminary plat entitled Clarkson Place consisting of approximately 3.88 acres. The Advisory Planning Commission is recommending approval of the preliminary plat subject to conditions as set forth in the City Planner's report. For a copy of the City Planner's report, refer to pagesq-j through ,SO For a copy of the action that was taken by t eTi_ FG, refer to page S( .. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve the preliminary plat for Clarkson Addition. 49- 0 0 APPLICANT LOCATION: EXISTING ZONING DATE OF PUBLIC HEARING DATE OF REPORT REPORTED BY: }.. • 1 711 CITY OF EAGAN '71 1 11 N • 'N �71�1717 y1��1 •.•:,•�I.Iii�Y69JVi C' ymmalon- AM 171' • 1 1 771• Yy I' 71' SE; OF SECTION 24, CONSISTING ACRES DISTRICT) i171F7�•�;iihl: ii YY L �IU�I; An application has been submitted requesting preliminary plat approval, Clarkson Place, which consists of approximately 3.88 acres and will contain 2 ccamiercial lots. ZONING AND LAND USE Presently, the parcel is zoned GB (General Business District) or heavy cmirercial. The Land Use Guide designates this parcel as NB (Neighborhood Business District). However, it appears this parcel is developing more toward the General Business than the Neighborhood Business. Presently, the area proposed to be developed is just north of the Southfork Restau- rant. The area north of Southfork contains 3.88 acres of which Mr. Scott is pro- posing to subdivide into two commercial lots. It is staff's understanding that on Lot 2, Mr. Scott presently has a storage facility for construction and excavation vehicles. The area to the north, or Lot 1, Mr. Scott is proposing to sell for another storage area. In order to create this new lot, Mr. Scott has to comply with the subdivision regulations and plat the property into two lots. As stated earlier, the property is zoned GB and the definition in Ordinance 52 in regard to General Business zoning could allow this area to be designated for heavy commercial uses and "those businesses which tend to serve other businesses and in- dustry, as well as residents. These uses can be incompatible with residential development, therefore, businesses in this zoning classification are concentrated and insulated as much as possible from residential areas." It is staff's understanding that the subdivision proposed creating two lots would still contain Mr. Scott's business on Lot 2 and Lot 1 is being proposed to be sold to Mr. Fournier for the storage of refuse trucks. Ordinance 52, Subdivision 10B, allows storage facilities contained within a building as a permitted use. Any out- side storage would be subject to a conditional use permit. In talking with the Fourniers, it is staff's understanding that they would purchase the property, 4S 0 0 CITY OF y PPIMJDU24AM PLAT - CLARKSON PLACE AEPTEYBER 28, 1982 PAM • construct a storage building in accordance with the 1979 UBC codes and store the refuse trucks within a building. Therefore, the proposed use would be in confor- mance with the Zoning Ordinance. Presently, this area is not serviced with sanitary sewer or water, but it is staff's understanding that Ms. Scott or the Fourniers would not require sewer or water with their proposed storage facilities. Both applicants are aware that utilities are not available at this time and that it would be a nud)er of years before utilities could be provided to this site. The major issue on this subdivision is providing access to Lot 1. Presently, there is an access on the south line of Lot 2 which provides access to Lot 2. Instead of providing another access to provide an entrance on Lot 1, staff is looking at the possibility of providing one access which would serve both lots. T.H. 3 is a major highway and the least amount of direct access to T.H. 3 provides for better move- ment on T.H. 3. There is a possibility to provide access to Lot 1 on the very north line for this access. However, the applicant has indicated that he would be willing to grant an easement and have Lot 1 acquire access on the southern side of Lot 2 and have an easement over Lot 2 in order to get to the storage facility on Lot 1. The long range plan would be to provide a new access on the common lot line between Lot 1 and Lot 2. It is staff's understanding that the topography is rough at this location, and, in the future, when grading is done on the site that this access could be the major access for both lots. At the present time, the access on the southern part of Lot 2 and an easement to Lot 1 would allow adequate circulation for both lots at this time. If approved, the preliminary plat should be subject to the following conditions: 1. Either an easement be granted to Lot 1 from the southerly access on Lot 2 to provide access or individual accesses for each lot be obtained at this tire. 2. If Lot 1 is sold for the storage of refuse trucks and a building is construc- ted for this storage, no other construction or development shall be allowed on these lots until such time that utilities are provided to the site. 3. The access to Lot 2 shall be graded and a slope approved by the City Engineer and the disturbed area should be seeded in order to prevent soil erosion. 4. There should adequate screening provided for the two storage areas. FNGINEERRII;G RECOMM NOATIONS 5. A 10' drainage and utility easement shall be dedicated adjacent to all lot boundaries in this proposed plat. RM/jack M TO: ADVISOFY PIANNING CCtZUSSICN, C/o nares C. FUiK[.E, CITY PLANNER FRCM: RICHARD M. HEFTI, ASSISTANT CITY FNGIMM DATE: SEPTEMBER 22, 1982 ar a 14 1 R 1r• • • •r • • • « The Public Works Department has the following cmuents for consideration of the above -referenced plat: Utilities such as water main, sanitary sewer or storm sewer do not presently exist to service the above -referenced preliminary plat. Moreover, there are no plans to construct such utilities in the near future. However, the development of this area is such that utilities would not be required. red. The existing topography provides enough relief to allow drainage in all directions off of this proposed preliminary plat. Some ging has been performed over the southwest corner of Lot 1 and the southwesterly 2/3 of Block 2. ACCESS Presently, the only access to Lot 1 is by way of an entrance at the southeast corner of Lot 2 off of T.H. 3. This segment of State highway is not under con- trolled access, therefore another access could be provided for Lot 1. However, a permit from MnDC2 would be required to install such an entrance. According to the topography, it appears the NE corner of Lot 1 would be the best location for an entrance. Standard width utility easement and drainage easements shall be included around each lot. ASSESSMENTS There are no outstanding assessments to be applied to this parcel nor will there be any as a result of implementing this development. I will be available to discuss any aspect of this report with the Planning Com- mission at their meeting on September 28, 1982. Respectfully submit , Richard M. Hefti, Assistant City Engineer ���� 47 Idf �urbep k' tj —I / Hereby C that :h1- pL,l .L•,o- :, -u n.., m:,.l,. ,.1 :h,. ; ,•rl .........111 1 IL.•.......•r• , •.I''•+. L: p!;,r•.I .. �n..w :Ip.1 Il:.tl :dl •n .11 Pn1:. rm'r.•:u 4u u.11ly rL'.. 6: n',. L...I .•n „+ :'.-........ Surveyed For Elmer Scott WAYNE McLAGAN, Consultant Date September 2, 1982 Scale 1 inch 100 feet SKETCH PLAT OF CLARKSON PLACE DESCRIPTION _ That part of the south 1041.52 feet of the east 721.44 feet of the EhSE} of Section 24, T.27N., R.23W, lying west of the westerly right of way line of S.T.H. No. 3 and northerly of the following described line: Ih 1� Commencing at the southwest corner of the north 953.72 feet of the south 1438.01 feet of the east 721.44 feet of said E�SE'k; thence N.0`33'1511E. (assumed hearing) along the west line of said east 721.44 feet, a distance of 252.01 feet to the point of beginning of the line to be described; thence S.78'23'06"E. to the westerly right of way line of S.T.H. No. 3, and there terminating, containing 3.88 acres, more or less. No field survey was made on this date. Parcel description based on survey dated February 20, 23, 24, 1970 N LINE OF S. 1061.52 rT OF Eyi SE'/4, Se C. 24 T L7N.,U25 Y AAs T 537,94 , [OT / (BT3so Td. fr s) e� w i'T3.a0 V P 0 IW u , (B/c SG se HIO/of f0 nFlr ,� ivTRBBte ry d, a 2 48 3 „o- -•S. i uNE of K 99.72 of J 1479 e1 oa a%zs E'/4 FE.,vs. Er r,rwu[E SEC 24•T Te BF Get IO 48 3 „o- -•S. i uNE of K 99.72 of J 1479 e1 oa a%zs E'/4 FE.,vs. Er r,rwu[E SEC 24•T II MENDUI I _ i . RB I rr ri��-Ilir Irk/r' �I_ GB Ind •'• 5 µ T 01169 �•- � �.•f. _, nac - / •�"'+ 7�.' 1,9ye. Ind;l •/• . COMMERCIAL 4 _ f'"•"" r %fpl•' �. �'^_ %f ! 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LL I PD 74-1 n SU AUDITOR'S SUED. NO. 42 0 APC Minutes September 28, 1982 E L CLARKSON PLACE - PRELIMINARY PLAT The hearing regarding the application of Elmer L. and Dorothy A. Scott for preliminary plat approval of Clarkson Place consisting of 3.88 acres with two commercial lots was considered by the Planning Commission. Dorothy Scott was present and there were no objectors to the proposal. She stated that there would be no repair work, but the property would be used only for storage. After discussion, Wilkins moved, Kroh seconded the motion to recom- mend approval of the application, subject to the following. 1. An easement be granted to Lot 1 from the southerly access on Lot 2 to provide access. 2. If Lot 1 is sold for the storage of refuse trucks and a building is constructed for this storage, no other construction or development shall be allowed on these lots until such time that utilities are provided to the site. 3. The access to Lot 2 shall be graded and a slope approved by the City Engineer and the disturbed area should be seeded in order to prevent soil erosion. 4. There shall be adequate screening provided, to the City's satisfac- tion, for the two storage areas. 5. A 10 foot drainage and utility easement shall be dedicated adjacent to all lot boundaries in this proposed plat. All voted yes. Agenda Information Memo October 15, 1982 Page Thirteen KINDER CARE LEARNING CENTER/REVISED PRELIMINARY PLAT C. Kinder Care Learning Centers, Inc., for Revised Preliminary Plat, Pilot Knob Associates First Addition, to Adjust Lot Lines to Allow a Kinder Care Facility as a Part of the Pilot Knob Center Preliminary Plat -- ,A public hearing was held before the APC at their last regular meeting held on September 28, 1982 to consider an application for a preliminary plat, Pilot Knob Associates First Addition, to adjust lot lines to allow a Kinder Care facility as a part of the Pilot Knob Center preliminary plat. Action was taken by the APC to recommend approval of the preliminary plat and further that the Kinder Care or day care facility is a permitted use within the CSC (Community Shopping Center District). A second motion was made by the APC to grant a variance or to allow the Kinder Care facility to be constructed prior to the 20,000 square foot in a CSC district. For additional information on this item, refer to the City Planner's report, a copy of which is enclosed on pages $ 3 through g/ For a copy of the action that was taken by tt-h_e_TPC, refer to pages 6,7, through 63 . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the recom- mendation of the APC to approve the preliminary plat revision and designate a day care facility as a permitted use within the CSC and secondly to approve or deny a variance as recommended by the APC to allow the Kinder Care facility to be constructed prior to the 20,000 square foot requirement in a CSC district. S), 0 0 CITY OF EAGAN SUBJECT: REVISED PRELIlDTARY PLAT APPLICANT: KINDER CARE LEARNING CENTER, INC., ROBERT FORS LOCATION: LOr 1, BLOCK 1, PILOT KNOB ASSOCIATES FIRST ADDITION EXISTING ZONING: CSC (CONP'nMM SHOPPING CENTER DISTRICT) DATE OF PUBLIC HEARING: SEPTR4BER 28, 1982 DATE OF REPORT REPORTED BY DALE C. MME, CITY PLANNER An'applicaticn has been submitted requesting to revise one lot in the Pilot Knob Center preliminary plat to acoomrodate a Kinder Care facility. This lot would then be platted as Lot 1, Block 1, Pilot Knob Associates First Addition. W�JPWM-JR Presently, the property is zoned CSC (Coam¢niity Shopping Center District). The Comprehensive Guide Plan also designates this particular area as CSC for communi- ty shopping center. The definition in the zoning ordinance describes Cc munity Shopping Center District as "these are area located in the center of several resi- dential neighborhoods to serve the weekly needs of adjoining residents and a popu- lation from 10,000-40,000 persons." . As you may recall, in November of 1981 Kinder Care had submitted an application for a conditional use permit to allow a facility to be located in Lot 1, Block 1 of Pilot Knob Heights Planned Development. This particular area was adjacent to a townhouse development on Crestridge Lane. This application was denied by the Eagan City Council because the neighborhood was in opposition to this facility at the proposed location. The applicant has now submitted a new application which would locate this facility on Krestwood Lane where there would be sane distance between the residential neighborhood and the proposed Kinder Care facility. CME2M In reviewing the area which is zoned CSC (Ccmmuni.ty Shopping Center District), there is a substantial amount of acreage which will develop into retail and co[r mercial uses which in turn will generate a substantial amount of jobs at one lo- cation. The Pilot Knob Shopping Center which is proposed will consist of approx- imately 100,000 square feet to start with many accessory lots which will generate many square feet of commercial retail use. Directly north of the Pilot Knob Cen- ter is the property owned by Hillcrest Development which presently has no plans for development. Northeast of the Pilot Knob Center Shopping Center is the S3 0 0 CITY C' EAGAN KINDER CARE LEARNING CEN= INC SEPPEMBER 28, 1982 PAGE THREE The second concern regarding this development proposal is that also in a CSC, Cornmmity Shopping Center District, requires that in Subdivision 11, Subpara- graphy b, initial construction shall include a minimum of 20,000 square feet of floor area to insure that the center will function as a Community ShoppinrT Center use. An overall site plan has been submitted and approved by the City for the oon- struction of a 100,000:square foot shopping center and it is staff's understand- ing that the only reason the center has not been constructed at this time is the financing package is difficult to put together in this economic climate. Al- though the overall site plan has been submitted and approved, the initial con- struction has not begun. Since the shopping center has been approved by the City and hopefully will begin construction soon, does the City ,rant to waive that 20,000 square foot requirement for this proposed day care facility? If approved, the preliminary plat and site plan shall be subject to the follow- ing conditions: 1. The City deems the day care facility as a permitted use within a CSC District. 2. A detailed landscape plan shall be submitted and approved by the City staff along with an adequate landscape bond much will not be released until one year after the landscaping has been completed. 3. The curb cut and driveway approaches shall be increased to a 24' width vs. the 20' proposed. 4. All day care center staff must meet County and State license requirements. 5. The Advisory Planning Commission may want to establish hours of operation for this particular use. 6. Concrete curbing shall be provided around the perimeters of the driveway to the facility. DCR/jarh 1119191=12!1 - • I ID Is, 1' 7. A storm sewer line will need to be constructed to replace the existing ditch along the south property line of this development. B. An easement of sufficient width must be provided for the storm sewer installa- tion. RMH/j ach s4 0 0 CITY OF EAGAN KINDER CARE LEARNING CENTER INC. SEPTEMBER 28, 1982 PAGE TWO hundred acres which Federal Land has just submitted a planned development which will contain approximately 100 acres and also generate a large square footage of commercial retail use. In all, combining all of these parcels, there will be a large employment area within the three parcels mentioned above. With this area being an employment renter, Kinder Care Center Learning Inc. has expressed a strong desire to locate a facility within this employment area in order to serve Eagan's needs for day care within this general area. The new location proposed will be on the east side of Kirkwood Lane across from the 1st Bank -of Eagan lo- cated at Krestwood and Crestridge Lanes. In reviewing the site plan for Kinder Care within this general area, Krestwood Lane should not carry a high volume of traffic. The loop street for the car cial area where heavy traffic is anticipated is Duckwood Drive and Denmark Avenue. Krestwood Lane will act as a frontage road to Pilot Knob Road. SITE PLAN REVIEW The applicant is proposing to purchase 21,830 square feet, or approximately 1/2 acre, and plat this parcel into Lot 1, Block 1, Pilot Knob Associates First Addi- tian. The proposed building would oontain approximately 4,900 square feet for a 22% lot coverage. In a CSC District, 30% lot coverage is pexmmitted. The proposed building meets all setback requirements from lot lines and the public street. In reviewing the parking requirements, there is no set number required for a day care facility. Staff has checked with surrounding communities which presently have the Kinder Care facility and the 10 parking spaces which they are providing has been an -adequate number and there have been no complaints from surrounding c m ud- ties. Therefore, staff is comfortable with the parking spaces which Kinder Care is providing. In the drive-through to the parking area, this should be widened to a 24' wide curb cut in order to provide 2 -way traffic movement in and out of the facility. As mentioned earlier, the revised preliminary plat is part of lot 14 of the Pilot Knob Center preliminary plat. Since Kinder Care is only proposing to purchase a portion of Lot 14, staff has requested that they revise the preliminary plat show- ing a new lot configuration or had the Kinder Care facility will fit in to the Pilot Knob Center overall plan. Enclosed is a copy of the original Pilot Knob Center proposal and a copy of a revised plat of how the Kinder Care facility will fit in to the overall scheme for this development proposal. In reviewing Ordinance 52, staff has two concerns which should be addressed prior to approving the revised preliminary plat. The first concern is Ordinance 52 does not specifically address day care as a permitted use within a CSC District. There- fore, the Advisory Planning Commission and Citv Council would have to deem the pro- posed use as a use permitted within a Community Shopping Center District. Subdi- vision 11, Subparagraph 2 states "Retail Shopping Center uses shall be limited to the following mases unless similar uses are specifically approved by the City Coun- cil." S 0 0 TO: ADVISORY PLANNING COMMISSION, C/O DALE C. RRME, CITY PLANNER FROM: RICHARD M. HEFTI, ASSISTANT CITY ENGINEER DATE: SEPTEMBER 21, 1982 RE: PREIJIMPRY PLAT OF PILOT KNOB ASSOCIATES FIRST ADDITION The Public works Department has the following cmuents for consideration of the above -referenced plat: UTILITIES Sanitary sewer of sufficient size, capacity and depth to handle this proposed development is in place along Krestwcod Lane. Presently, there is no water main in place along Krestwood Lane. This development could be serviced with water from either the existing water main along Duclawood Drive or the in place water main along Crestridge Lane. N'111 N'• 1 r•N The existing topography is relatively flat, with the drainage being generally to the north and east. The catch basins located in Krestwood lane collect the water at the law point and direct it to the east to a drainage ditch run- ning along the southerly bonder of this proposed plat. EASEMENTS AND RIGHTS-OF-WAY In addition to the typical drainage and utility easements bordering the pre- liminary plat boundaries, the 20' utility easement will be required along the south property line for storm surer. ASSESSMENTS There are no outstanding assessments to be applied to this parcel nor will there be any as a result of implementing this development. Still, any cost associated with providing utility services, internal parking lot and storm sewer shall be the sole responsibility of this development. TRAILS AND SIDEWALKS Since Krestwood Lane is not a collector street, no sidewalks or bike trails will be required along it. I will be available to discuss any aspect of this report with the Planning Commission at their meeting on September 28, 1982. Res-pectfully s ted, , Richard M. Hefti P.E. Assistant City Engineer RMH/jach SG y�. LOT L LOT 4 LOT . f _ LOl t LOT 13 G V 9 � 3 IIONxORW • ____'! LOT mm IlIi jl `------ LOT T LOT. LOT O LOT 10 LOT 1 I LOT 14 _ Zo 11F rOTDR( OFF= OUILONW w I F<4 r,,� il OMLOwT o: / LOT IL LOT 11 \ Lor u LOTH . "�„ POND Pa D k. ct� cs RORSUNSIIT•RRLNRLRICYSON ... ,.._...._,....... PROPOSED— SLOPPING CENTER 1RCNIfFCTS. INC .... �.. ..._........� .. �_��.. r. xr..w �...... ...... ..... rw�o�N...'...rr ..x... ..w.r.x DESIGN DATA S IT EYI'NFORMATION wn n r r rw�o�N...'...rr ..x... ..w.r.x 0 50 100 200 900 400 500(L IY 1 10 OO 1l wn n r r pro TWT xx• ZONING REVIEW Vr}'f nYnm una uuu im tins wnn wwu r.r ra rune x1, rW .�w w., xp.u.F,• 0 50 100 200 900 400 500(L IY 1 10 OO 1l —�__C/�Ililx�_u�4MNN--� - � Y/AiCRI'1LJ /i. ... •. DUC .WooD DFUVE M^•• Y. .....M„Y.r..arn y'_ .^W R•••\yY tf1 Iu.1 11 anti Y .rLlaalu.r wru\r. xa fel •.�.�L.�.� � w. � IrrrM1. wfw\ W Ny • �� l� 1 h • .�1. •. 1 1 ZIP 11I:; : �'.: •. -,• �: -SANITP♦WLY SEWER ..__ i�• • �I �—n+c..o •.I..w� .u.n..ar uWLa . 7r:' I Ii j7S' uw�J Ne.. . rf•.�u ma. 'rl.: III! ,..O. L .{lYf...l!• w� Olw•L. 1 1 � ..• I.r.M .x Txa .I W. .. • NORTH ••••• (� SL.ALE. I"=2o\ I ��! ..(STI—rc�__^le!� ccsrLlo 1 II I .._ /YP1•. IWr.r fI H1Wf RWI.LL 1 � ;1 I ' \�. �1' ; A.• Y _.Ij. ♦ Y Wy .V �M.w ... 1 • .r 1, .. ". VI/iWL. /TrI1 laWaR � i r� �• ! .10 tH. L n /LLR�D ,,1waM /rwL{ L �._' • II • 57o[M SlwE It, Y ... ar.•w .«. •.ler w..a w,{a ;'"•� '. t II 1 I ,1r. -. IxuL.L mw w..aa y a.Nx ....., ". I.' • �' /x IM! L M YYN •���.II %. I �W RLY YWLO qLb. Lf �.\IYLY .. 1JY Aost •wuiiii:.f••ino i• -,. �"' /•' - �E(- }. �'i PILOT KNO ':._,.ter P 1N1\NAR`C 6 ENGINEf I11N0 '•"; •^'•-IL ADINLa. -- �`-"" I' As50GlwiE4 GR ORAIN/K[.•E COMPN... INC. `• '--- --,,.,,— .t sr AoolrloN .... �..� �... ...•.\ ..........._._.. ..... __....-._ • .3.}u... J•...1.. � u .Ic..�� ..—ANo.._uT11..I T`C' � P�A.1�1_.. ..........._...�. I DUCKWOOD is �V f; ..........._...�. I DUCKWOOD Z S DRIVE _..YOB ! ••f• .OBE [n:�:oiruis iworou IGINEERING COMPRNY, INC. Z � } JROI[RTY D[f[fIRIPN wuwiw[r..w' YooIT iow."' :av o PRELIMINARY PLAT PILOT KNOB ASSOCIATE'S I ST ADD. • L �V Q Q M Z S DRIVE _..YOB ! ••f• .OBE [n:�:oiruis iworou IGINEERING COMPRNY, INC. Z � } JROI[RTY D[f[fIRIPN wuwiw[r..w' YooIT iow."' :av o PRELIMINARY PLAT PILOT KNOB ASSOCIATE'S I ST ADD. • L rwu.wle ILCI� Ind f -) IJ / COMMERCIAL •'' `"� ,..PLANNED DEVELOPMENT . It Ind Ind -. -.G. ....,,, B'. 1 , . _. � / o•; • ,e,j _-RS`DJ— RN __ I R:III ���•�ao.` ,.�x.� I J -� +..' Ind. Ind.. NB; �.: (r R-ul R_111d. n RIII ,T ✓,:.n,,.. R-1 _ =� 'r•-aR{-'- E 7. _R-111 •�.f�l: '�I+ �s`� �� � HALL R -II %-I/ 'i - �CT `l, � . R -II i I ..�..� I - - R -I P rE G6L R-0 N .R-IIHS _ ' r p 'a�E �F-+`.:_ E _ �� I •moi �1-_ 1 - :f PR-IIPO c-' I�1 R- R -111 ,: �® - t/' 4'•. .:.';+.mac+, • it M E� .. rT l = f f `_.. NB :I E .1 R -III RB R III 4 C Jr. 3, rwo1A i CSCJGB/ --- - 1'(`•.•r�,11 •-.:I_ r ,4R I ,) R411 —..�� R• II w er R -II R-11 R -II ".� •'..:v-:y;r� r::":� R -II ,<`,=...,,_ ::` Mfr' r w�'":�C 'K'.iTVI ..• P 3• ,fi{ tom, --1.. C� (Zr,lf• ` �'�� c I... j .� 1. ., a 7 LB R I P plilll R -IR -I .. R -I : ' P ::.:.er.0 ° wen,♦ '_— gR R-11 � R-1' R -II -. F `A9 R-11 it J Nil VALLEYT< � / �R<�NOUN,i h l/ �i YANKEE nonj IE ROAD CO. RI i�— 0 0 KINDER CARE LEARNING CENTER - PILOT KNOB ROAD The hearing regarding the application of Kinder Care Learning Center, Inc. and Robert Fors to revise one lot in the Pilot Knob Center Planned Development to accomodate a Kinder Care facility, was convened by the Chair- man. It was proposed to replat the lot as Lot 1, Block 1, Pilot Knob Associates First Addition. It was noted that the property is zoned CSC and that in November of 1981, Kinder Care had submitted an application for condi- tional use permit to allow a facility be located in Lot 1, Block 1, Pilot Knob Heights Planned Development to the east and south of the present proposed site. Mr. Fors was present and explained the change in location, noting there are 700 Kinder Care Day Care Centers throughout the United States. He stated the area would be completely fenced. There were no persons objecting to the application. It was noted by Mr. Runkle that there were two concerns on behalf of the staff, including the fact that Ordinance 52 does not specifi- cally address day care as a permitted use within a CSC district. Therefore, the City would have to deem it as a permitted use under the CSC zoning and secondly, the requirement in CSC zoning is that the first building to be constructed should include a minimum of 20,000 square feet of floor area to insure that the center will function as a community shopping center. It was noted that the proposed shopping center would be in excess of 20,000 square feet and it was understood that construction would take place in the Spring of 1983• However, this use could be deemed a "similar use" and could be authorized in a CSC district. Generally, the hours would be 6:00 a.m, to about 6:00 to 6:30 p.m., five days per week. Member Wilkins was concerned about the precedence in allowing construction on one lot before a minimum 20,000 square foot building is constructed and other Planning Commission members also expressed the same concerns. Bohne moved, McCrea seconded the motion to recommend approval of the application for preliminary plat approval of Pilot Knob Associates First Addition, subject to the following conditions, noting that a commercial building already exists close by. 1. The City deems the day care facility as a permitted use within a CSC District and allows a variance within the CSC District. 2. A detailed landscape plan shall be submitted and approved by the City staff along with an adequate landscape bond which will not be released until one year after the landscaping has been completed. 3. The curb cut and driveway approaches shall be increased to a 24 foot width vs, the 20 foot proposed. 5 6,4- 0 0 APC Minutes September 28, 1982 4. The day care center shall meet County and State license require- ments. 5. Concrete curbing shall be provided around the perimeters of the driveway to the facility. 6. A storm sewer line will need to be constructed to replace the existing ditch along the south property line of this development. 7. An easement of sufficient width must be provided for the storm sewer installation. 8. This development shall accept its responsibility for future trunk storm sewer assessments. All voted in favor. Bohne then moved, McCrea seconded the motion to recommend approval of a variance to allow construction of the building prior to the construction of a 20,000 square foot building in the shopping center because it appeared that the restriction is not logical under present circumstances, that there is a free standing building in the proximity of the subject area and that there is a documented need for additional day care facilities within the general area of Eagan. All voted in favor except Wilkins who voted no. 63 0 0 Agenda Information Memo October 15, 1982 Page Fourteen TRANSFER OF MALT LIQUOR LICENSE/PICCOLO'S PIZZERIA D. Gregory Heuer for Transfer of Non -Intoxicating Malt Liquor License for Piccolo's Pizzeria -- Mr. Gregory Dale Heuer, who resides at 901 Cherokee Ave. West, St. Paul, Minnesota, has made application for a non -intoxicating malt liquor license to operate Piccolo's Pizzeria. The applicant is requesting that the non -in- toxicating malt liquor license be valid October 25, 1982. The application has been reviewed by the Eagan Police Department and has been found to be in order for consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny Gregory Heuer a non -intoxicating malt liquor license at Piccolo's Pizzeria. VARIANCE/YANKEE DOODLE DEVELOPMENT COMPANY E. Variance from Lot Line Requirements/Townhouse District for Yankee Doodle Development Company (Dennis Peck) -- The property platted as Wescott Hills Fourth Addition was recently purchased by the Yankee Doodle Development Company, represented by Mr. Dennis Peck. The new owners are proposing to construct townhouse units rather than the quadrominium units and will require a variance from lot line requirements. An application was submitted to the City for a reduction to the 30 foot spacing requirement between lot lines. For additional information on the item, refer to the City Planner's report, a copy of which is enclosed on pages 65' through ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the appli- cation for a variance from lot line requirements submitted by Yankee Doodle Development Company. KI 0 0 TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: DALE C. RUNKLE, CITY PLANNER DATE: OCIU3m 13, 1982 RE: VARIANCE FOR TOWNHOUSES IN WESCOTT HILLS 4TH ADDITION As you may recall, Wescott Hills 4th Addition w proximately 1-2 years ago. At that time, there ly zoned categories within the area of Wescott and west of Mike Collins Drive. The applicant duplexes and townhouses within this particular the applicant was requesting quadraminium, or 4 Lots 4, 5, 6, 7 and 8. The quadraminiums would on the property which allowed adequate roan for is replatted and rezoned ap- were a number of commarcial- guare, Yankee Doodle Road ezoned the property to allow ireaa. With the_original plan, plex units, to be located on have been located lengthwise the individual units. Since the time the platting has occurred, the property has been purchased by Yankee Doodle Development Co. represented by Mr. Dennis Peck. The new owners are proposing to construct townhouse units rather than the quadraminium units. They are still 4 -unit buildings, but instead of locating the building length- wise on the property, they are proposing to construct the building as a town- house development and have access to the garage on Wescott Square. The den- sities of the development have not changed, but the building has been reor- ientated on each of the lots. In reviewing the application, the Yankee Doodle Development Co. understands that the area is presently platted and normally would only have to obtain a building permit frau the City staff in order to start construction on this particular project. In reviewing this particular plat, there is one minor technicality in that staff cannot issue the Building permit on this plat because lot lines have already been established when Wescott Hills 4th Addition was replatted 1-2 years ago. With the reorientation of the buildings, the developer is still maintaining a 30' distance between dwelling units. However, he is not keep- ing the 30' spacing between lot lines. If the structures were to be platted as individual lots, the spacing requirement between buildings would be ade- quate in accordance with Ordinance #52. However, lot lines have been estab- lished, and instead of 30' between dwelling units, the structures must main- tain a 30' setback from a lot line. Therefore, the variance from the side lot line would have to be obtained from the City of Eagan. Attached is an exhibit showing the new site plan of how the units would be constructed on these particular lots. As you can see, all setbacks are met and setbacks between dwelling units are sufficient, however, the variance would have to be obtained by the City from the side lot line requirement. The applicant has indicated, -if construction of at least one or ties and improvements have been does not have to go through any variance from the side lot line ing that this item be placed on sideration of the variance in o: him to start possible fall conn at all possible, they would like to begin two units yet this fall because all utili- installed to the property, and the developer additional process except to obtain the requirement. Therefore, staff is request - the October 19, 1982 City Council for con - der to work with the developer to enable ruction on this particular project. 65 0 0 Thanas L. Hedges, City Administrator October 13, 1982 Variance for Tceanhouses in Wescott Hills 4th Addition Page two If the variance: is approved, the site plan and buildings should be subject to all other ordinance requirements. DCR/jack C1 October 8, 1982 Mr. Dale Runkle Eagan City Planner City of Eagan 3795 Pilot Knob Road Eagan, Mn. 55122 • Mr. Dennis F. Peck 108 W. Lawson Avenue St. Paul, Mn. 55117 Re: Variance Wescott Hills 4th Addition Dear Mr. Runkle: Please find enclosed the completed Application for Variance; seven copies of scaled drawing of the site and the proposed variance; a list of all property owners located within 300 feet of the site and a check covering the cost of the variance application. As we previously discussed the property is described as Lots 4 through 8 inclusive, Wescott Hills Fourth Addition. The property is currently zoned R-3 and each lot has been approved for quad development. As we also previously discussed we are requesting a side - lot variance so as to allow the construction of a four unit towhouse row -style on each of the five lots. Each townhouse building would be 96 feet long by approximately 42 feet wide; will be two stories and would include a double car tuck -under garage. The distance between the buildings is as indicated on the attached scaled drawing. Since it is so late in the building season we would ask that the City consider this matter at the earliest opportunity. We sincerely appreciate your cooperation in this matter. DFP/tba Encls. rIN Sincerely, ,P14 Dennis F. Peck cr ft 00 0 0 0 0 YANKEE DOODLE ROAD 114.91 140.00 140.00 140.00 140.0 4 5 6 7 g 4 A .0 4 g 44.0 C D 6.0 30 159.74 140.00 c" 140.00 140.00 140.00 WESCOTT y z H a a 0 U 60.0 0 0 Agenda Information Memo October 15, 1982 Page FIfteen ESTABLISH PUBLIC HEARING IR FINANCING/MOTEL F. Establish Public Hearing for IR Financing to Consider a 3.1 Million Dollar Motel Adjacent to Yankee Square Shopping Center -- Approved as a part of the Yankee Square/Federal Land Company Planned Unit Development has been a motel. Federal Land Company has submitted an application to consider a $3.1 million industrial revenue financing for the motel unit. Action to be considered at this time is establishment of a public hearing at the November 16, 1982 City Council meeting to consider the application for- IR financing. As usual and customary, the application, financial reports and all other information will be distributed in the agenda information packet prior to that public hearining. ACTION TO BE CONSIDERED ON THIS ITEM: To establish a public hearing for November 16, 1982 to consider IR financing for a motel unit adjacent to Yankee Square Shopping Center. PRELIMINARY PLAT EXTENSION FOR COTTONWOOD ADDITION G. Preliminary Plat Extension for Cottonwood Addition -- The City has received a request from the developer for extension of the preliminary plat for Cottonwood Addition. Due to present economic conditions, the City Council previously has granted twelve (12) month extensions to such requests to allow more time for the appli- cants to finalize their development plans. Enclosed on page 7 is a copy of the letter of request. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny a twelve (12) month extension for the preliminary plat of Cottonwood Addition. 70 0 September 28,1982 1 City of Eagan 3795 Pilot Knob Road Eagan, Minn. 55122 Attn: Mr. Dale Runkle Re: ERIUKSON'S COTTONWOOD ADDITION Gentlemen: Werequest that the preliminary plat approval for Erickaon's Cottonwood Addition be extended for another twelve months. Please notify me of your decision and for how long the extension will be granted. Thank you. Sinc ely, K. M. Erickson 743 Decorah Lane Mendota Heights, Minn. 55120 KME/js 7J Agenda Information Memo October 15, 1982 Page Sixteen PRELIMINARY PLAT EXTENSION FOR L & F ADDITION H. Preliminary Plat Extension for L & F Addition -- The City has received a request from the developer for extension of the prelimi- nary plat for L & F Addition. Due to present economic conditions, the City Council previously has granted twelve (12) month extensions to such requests to allow more time for the applicants to finalize their development plans. Enclosed on page 7-:b is a copy of the letter of request. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny a twelve (12) month extension for the preliminary plat of L & F Addition. 7o�_ 0 September 21, 1982 Mr. Dale C. Runkle City Planner City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Re: Preliminary Plat L & F Addition Expiration Date: 7/7/82 Dear Mr. Runkle: 0 We request an extension on the preliminary plat because of the high interest rates and the general slowness of the economy. We are making every effort to get this land developed and feel that with the recent drop in interest rates, we will be able to accomplish this in the near future. An extension by the City Council will be greatly appreciated. Please contact me if you have any questions concerning the above matter. Sincerely, RalP h W. Linvill L & F Development 230 North River Ridge Circle Burnsville, MN 55337 RWL/ay P.S. Please note our correct mailing address of River Ridge Circle, not Cliff Road. 73 0 0 Agenda Information Memo October 15, 1982 Page Seventeen PRELIMINARY PLAT EXTENSION FOR PILOT KNOB OFFICE PARK I. Preliminary Plat Extension for Pilot Knob Office Park -- The City has received a request from the developer for extension of the preliminary plat for Pilot Knob Office Park. Due to present economic conditions, the City Council previously has granted twelve (12) month extensions to such requests to allow more time for the applicants to finalize their development plans. Enclosed on page 7S" is a copy of the letter of request. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny a twelve (12) month extension for the preliminary plat of Pilot Knob Office Park. 7-1- • <;� (612) 432-8131 M A R E L L RECI "i`'�" r y REALTORS RIALIOR• 1000 EAST 146th STREET . SUITE 220 • BURNSVILLE, MINNESOTA 55337 MEMBER "MLS" REAL ESTATE . . . MORTGAGE INSURANCE September 20, 1982 Mr. Dale Runkle City Planner City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Re: Preliminary Plat = Pilot Knob Office Park Dear Dale: Due to economic conditions I want to extend the Preliminary Plat for the Pilot Knob Office Park for another year until I can procure adequate financing for the project. Yours very truly, RELL, INC/ Kenneth App KA/jww %S 0 0 Agenda Information Memo October 15, 1982 Page Eighteen PRELIMINARY PLAT EXTENSION FOR COUNTRY GLEN CONDOMINIUMS J. Preliminary Plat Extension for Country Glen Condominiums -- The City has received a request from the developer for extension of the preliminary plat for Country Glen Condominiums. Due to present economic conditions, the City Council previously has granted twelve (12) month extensions to such requests to allow more time for the applicants to finalize their development plans- Enclosed on page 7 is a copy of the letter of request. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny a twelve (12) month extension for the preliminary plat of Country Glen Condo- miniums. 76 mid-continent builder INC 30 E. PLATO BOULEVARD W PAUL MINNESOTA 55107 222-841 0 ■ ■ Mr. Dale C. Runkle City Planner City of Eagan P. 0. Box 21199 Eagan, Minnesota 55122 RECOVED SLP September 29, 1982 Re: Preliminary Plat - Country Glenn Condominiums Dear Mr. Runkle: I received your letter regarding expiration of the above mentioned preliminary plat approval. I would like to request a one year extension of this approval, as we are planning to build on this property in the near future. Thank you. LLG:ph -77 Yours truly, =' Leonard L.1 parre President 0 0 Agenda Information Memo October 15, 1982 Page Nineteen PRELIMINARY PLAT EXTENSION FOR BERRY RIDGE CONDOMINIUMS K. Preliminary Plat Extension for Berry Ridge Condominiums -- The City has received a request from the developer for extension of the preliminary plat for Berry Ridge Condominiums. Due to present economic conditions, the City Council previously has granted twelve (12) month extensions to such requests to allow more time for the applicants to finalize their development plans. Enclosed on page '7q - is a copy of the letter of request. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny a twelve (12) month extension for the preliminary plat of Berry Ridge Condo- miniums. 0 TSC LL sguett investment company October 13, 1982 Mr. Dale Runkle City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Dear Dale: I am writing to request a one year extension of the preliminary plat approval for the Berry Ridge Condominiums (Lot 11, Block 3, Hilltop Estates). The preliminary plat was approved May 18, 1982 by the City Council. Approval expires November 18, 1982. After careful consideration of the financing options and market conditions in Eagan during the late spring and summer, the decision was made to not proceed with the marketing and development of the Berry Ridge Condominiums in 1982. Our commitment to successfully complete this project, however, has not diminished. We are hopeful that a strengthening of the market will enable us to proceed with the development in 1983. Extension of the preliminary plat approval until November 18, 1983 would enable us to continue to monitor the market, proceed with financing approvals, and implement a marketing program at the most economically sound time. If there is any additional information that you need, please contact me. RK:slm Sincerely, Roger Kreidberg 7y SUITE 156, 620 MENDELSSOHN AVENUE . GOLDEN VALLEY, MINN. 55427 • (612) 541-9199 0 0 Agenda Information Memo October 15, 1982 Page Twenty ADDITIONAL ITEMS FINAL PLAT REVOCATION/LONE OAK HEIGHTS A. Final Plat Revocation/Lone Oak Heights (Orrin Aune) -- On August 17, 1982, the final plat for the Lone Oak Heights subdivision was approved by Council action subject to the developer satisfactorily complying with the submission of the required financial guarantees for the development of this subdivision as required by the City's existing subdivision ordinance. Upon formal approval of final plat by Council action, the developer has sixty (60) days in which to record the plat at Dakota County. Sixty days will have expired by October 19. As of this date, the staff has not received any indication that the developer will be able to comply with the re- quired financial guarantees (Letter of Credit, Performance Bond, Cash Escrow, etc.). A copy of the certified letter sent to Mr. Aune explaining the situation is enclosed on pages 91_ through !a_ for the Council's information. ACTION TO BE CONSIDERED ON THIS ITEM: To revoke the final plat approval previously granted on August 17, 1982 for the Lone Oak Heights subdivision (Midwestern Associates, Inc.) due to non-compli- ance with the subdivision ordinance pertaining to financial guarantees. s/Thomas L. Hedges _City Administrator .e 0 BEA BLOMOUIST MAYOR THOMASEGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER COUNCIL MEMBERS October 13, 1982 [r:l•4ut■ ■at T• ■ 1•I• • • t M1111ESTERN ASSOCTAIESINC DELVW Mt .r INVER GROVE HEIGHTSE CITY OF EAGAN 3iwJH5 PILOT KNOB ROAD 't P.O. BOX OI1" EAGAN, MINNESOTAq�� sslu .y a PHONE 4S4.0100 Re: Lone Oak Heights - Final Plat Approval Dear Mr. Aurae: 0 THOMASHEDGES CITY ADMINISTRATOR EUGENE VAN OVERREKE CITY CLERK As you are aware, at the regular Council meeting held on August 17, 1982, the City Council formally approved your final plat for the Lone Oak Heights Subdivision sub•- ject.to your satisfactory Compliance with the financial guarantees as required by the development agreement and planned unlit development for this subdivision. Since that date, I have been in contact with, you several times trying to insure that You would submit your required financial guarantees as previously discussed. As of this date, the City has not received any indication that you have been, or will be able to, meet those requirements pertaining to letters of credit, performance bonds, or other means of financial guarantee to allow the development of this subdivision. Also, it is required that the final plat be recorded within 60 days of formal City Council approval; the 60 days will expire on October 17th. It is not anticipated that you will be able to provide the required financial guarantees and record the plat within that time frame. Therefore, please be informed that at the October 19th Council meeting, I will be making a reeamuendation to the City Council to rescind Your final plat approval as issued on deer 17th due to noncompliance with final plat requirements. AvyKr If the final plat approval is rescinded on October 19th, your preliminary plat will expire on November 9th, the next available formal Council meeting unless a formal time extension is granted at that time. If the preliminary plat time extension is not approved, it will require a new pre- liminan, Plat Process to be initiated through the Planning Commission and subSe— auent public hearings before the City Council before final plat approval will be al- lowed. It is unfortunate that the City is forced to take this action pertaining to your potential development. However, this is a direct result of your inability to ful- fill the requirements of the Subdivision Ordinance for the City of Fagan. $1 THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY. 0 0 Midwestern Associates Ione Oak Heights - Final Plat Approval October 13, 1982 Page two It would be helpful, if you could plan on appearing at the October 19th Council meeting to explain the situation. If you cannot attend this Council reeting, please submit a letter that can be forwarded to the City Council for their consideration. If you have any questions pertaining to the information contained in this letter, please feel free to contact re. Sincerely, Thaws A. Colbert, P.E. Director of Public Florks MWjach co - Th®as L. Hedges, City Administrator Paul Hauge, City Attorney Dale C. Runkle, City Planner SP, 0 E MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 15, 1982 SUBJECT: INFORMATIVE City Hall Update Enclosed is a copy of Memo #1 regarding the City Hall project for your information. Refer to page Proposed Guidelines for LandUseCompatibility with Aircraft Noise Enclosed is a copy of a letter that was sent to the Cities of Sun- fish Lake, Mendota Heights and Inter Grove Heights regarding a meeting that is scheduled for the Eagan City Hall on Wednesday October 27, 1982, at 7:30 p.m. for the purpose of reviewing and discussing the proposed guidelines for land use compatibility with aircraft noise. Refer to page 13S. . Fire Department Banquet Enclosed on page $(o .. is the City Council's invitation for the Volunteer Fire Department annual award banquet. Vacancy in Mayor's Position The City Attorney has prepared a memorandum that provides a pro- cedure to be followed if Mayor Blomquist is elected to the state legislature for the appointment of a mayor in succession to her position. Refer to pages <AZ through 4F9 . Protective Inspection Monthly Report for September Enclosed on page ?y is the monthly report for the month of Sep- tember regarding protective inspections. s/Thomas L. Hedges City A ministrator PE 0 0 MEMO TO: ALL DEPARTMENT HEADS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 12, 1982 SUBJECT: CITY HALL PROJECT/MEMO #1 This memo is the first in a series of memos that pertain to the City Hall/Fire Administration project. There are three (3) basic steps that will be further outlined by Jack Boar - man in a future memorandum regarding preparation, review and final -bid award of the city hall project. Step 1 consists of preliminary review of floor plans (two weeks), final preparation of floor plans (two weeks), design development (one week), cost estimating (one week). Step 2 consists of completed construction documents (six weeks), final cost estimate and final document review by City staff (one week), and step 3, final design approval and advertisement for bids (three weeks). The total weeks as I understood it from the staff meeting is about thirteen to sixteen weeks; therefore, bids will more than likely be opened sometime during the month of January, 1983, with construction thereafter. Some of the information that needs to be coordinated before the next staff meeting to review the City Hall project is listed as follows: 1. Cost estimate on sewer connection of existing City Hall (Tom Colbert). 2. Evaluate the necessity of a west wall and a potential counter in the Parks & Recreation office (Ken Vraa). 3. Study reorganization of secretarial, clerical, receptionist to work out the secretarial work area as well as "territorial" secretarial and clerical areas adjacent to each department (Gene VanOverbeke and all other department heads). 4. Review interior floor plan design in the office of the City Adminis- trator to determine how your office and other functions relate to the plan as prepared to date (All department heads). The next City staff meeting for the purpose of reviewing the City Hall plans will be held in the office of the City Administrator at 2:30 p.m. on October 25, 1982. It is not necessary that Chief DesLauriers or Assistant Chief Berthe or Chief Childers be present for that meeting as it will pertain only to the second story floor layout plan for the City Hall project. The archi- tects will not be present either. The next regular City staff meeting will be on Tuesday, October 26, 1982 at which time all of our input should be shared with Jack Boarman. City Administratbr W 0 0 OF 3795 PILOT KNOB ROAD, P.O. BOX 21199 BEA BLOMQUIST EAGAN. MINNESOTA 55121 Mor« PHONE: (612) 454-8100 THOMAS EGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER County Memberf THOMAS HEDGES October 12, 1982 City AO/ =frt EUGENE VAN OVERBEKE City Ci To: Duncan H. Baird, Mayor, Sunfish Lake Orvil Johnson, City Administrator, Mendota Heights Bob Schaefer, City Administrator, Inver Grove Heights Dear Gentlemen: A meeting is scheduled at the Eagan City Hall on Wednesday, October 27, 1982, at 7:30 p.m. for the purpose of reviewing and discussing the proposed guidelines for land use compatibility with aircraft noise. Public hearings are scheduled before the Metropolitan Council in December, and it seemed appropriate that our mayors and/or city council members be given an opportunity to review the proposed guidelines and discuss the same before final presentations are made that represent our communities at those public hearings. Mr. Dale Runkle, City Planner, City of Eagan, and John Shardlow, Planning Consultant for the City of Mendota Heights and an employee of Howard Dahl- gren & Associates, will be present to explain the proposed guidelines for land use compatibility with aircraft noise as prepared by the Metropolitan Council. Please send this notice of invitation to your respective mayors and/or city council members and plan to join us for this discussion on Wednesday, October 27. Sincerely, Thomas L. Hedges City Administrator TLH/hnd cc: Dale Runkle John Shardlow $S THE LONE OAK TREE... THE SYMBOL AND GROWTH IN OUR COMMUNITY 0 11a,gan IItrr 0 Pepartraent October 6, 1982 Mayor Bea Blomquist, Eagan City Council, Tom Hedges and Gene Vanoverbeke 379 5 Pilot Knob Road Eagan, Minnesota55121 , f Dear City Administrators: Your Volunteer Fire.Depart your, spouse/guest 'to our;:a Time: 'Cocktail Place: '':Republic Date: `r'October g;y �We are looking"foiward to s Y RLC/ph A nt would like ;tom -invite' and ual,Award Banquet. 6-.7.:30, Dinner '7:30-9, Dance 9-1 AM. irlines Cafeteria,1494 and 34th Ave. ;.,1982` e ngsyou atour- banquet k: Sincerely, RoberfL. Childers Eagan Fire Chief` W 3940 �Rahn �iuttbr ztgan, innesuta 55122 i C� HAUGE, SMITH, EIDE & HEELER, P. A. ATTORNEYS AT LAW CEDARVILLE PROFESSIONAL BUILDING 3803 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 73122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Thomas Hedges Eagan City Administrator 3795 Pilot Knob Road Eagan, Minnesota 55122 RE: Vacancy in Mayor's position. Dear Tom: October 12, 1982 AREA CODE 312 TELEPHONE 4644224 The question has arisen in recent months and due to the fact that Mayor Elomquist is running for the Minnesota House of Representatives, what is the order of succession as Mayor, in the event that she is successful in the race for the House? 1. In a letter to you dated March 23, 1982 generally covering vacancies in the City Council, I indicated that it was not necessary to resign the position on the City Council or Mayor prior to filing as a candidate and running for office. 2. The vacancy does not take place until that person actually resigns, and simply running for another office is not such a resignation. 3. When a successor has been appointed and qualified, the length of term is until a successor is elected and has qualified. (See MSA 351.06 and 412.02, Subd. 2A.) 4. The last question deals with how the vacancy is filled after the resignation by the Mayor. Under 412.02 Subd.2A,"the vacancy in an office shall be filled by Council appointment until election is held as provided in the subdivision. In case of a tie vote in the Council, the Mayor shall make the appointment". The Mayor clearly is the person to appoint the successor and, of course; could appoint a non-councilmember or a councilmember. If the Mayor resigns, the appointment cannot take place until after the Mayor has effectively left office and therefore there is no election Mayor to break the tie vote. In addition, under MSA 415.15, "no resigning member of a City Council shall participate in a vote of the Council to chose to person to replace the resigning member". However, under MSA 412.121 the Council chooses an acting Mayor from the Councilmembers. The acting Mayor shall perform the duties of the Mayor during the disability or absence of the Mayor from the City, or, in case of vacancy in the office of Mayor, until a suc- cessor has been appointed or qualified." Although there is no specific case construction of this wording clearly, the interpretation has been made that the acting Mayor is person in the case of the tie vote to appoint the succeeding Mayor. RE Mr. Thomas Hedges October 12, 1982 Page 2 5. If a member of the City Council is appointed Mayor, how is that Council position filled? Again, under MSA 412.02, Subd. 2A, the vacancy shall be filled by the City Council and if there is a tie, the Mayor or acting Mayor will appoint the replacement. PHH:ras Very truly yours, , EIDE &,KELLER, P.A. Paul H. Hauge ou r - Units iPROTFCITI,T I1"SP7-CrIOM Plan (heck Fee T 20 Single Family 20 21)"MY RIFORT $ 7,060.00 $3,530.00 SEPTEMBER, 1982 14 L\T9PELTIOP7/OFFICE FD77RS 14 712,000.00 $ 4,056.50 This i' Year -To -Date Building 1'bnth M2–.T— 1,061.0 Plurbing 98.0 900.0 F7VAC 49.5 422.0 Administrative/Office 95.5 1,162.5 Fire Marshal 32.0 302.0 P-ii.scellaneous 24.0 210.0 General Office 140.0 1,303.0 Permit Processing_ 114.0 868.5 CLty Council M (iftrgs 0.0 0 _ 1 1.5 WrMER OF PEMETS ISSTM 9,000.00 $ 74.50 0 TAs tbnth Year -To -Late Buil 68 483 Plumbing 42 349 MAC 25 359 Electric 51 480 Water Softener 3 39 Well, Cesspool, Septic Tank 0 7 Signs 4 44 1. NATURE. OF EJIIDIPG PERE= ISSUED t: er a Units Valuation Permit Fee Plan (heck Fee T 20 Single Family 20 1,474,000.00 $ 7,060.00 $3,530.00 $36,227.00 14 A.Mlex 14 712,000.00 $ 4,056.50 $2,028.25 $23,871.75 20 Multi-Famil 20 960,000.00 S 5,402.00 $2,701.00 533,483.00 0 Om merical 0 0 0 0 0 0 Industrial 0 0 0 0 0 0 Institutional 0 0 0 0 0. 1 Res. C.araf_ye 1 9,000.00 $ 74.50 0 $ 79.00 0 Stara. Pool 0 0 0 0 0 13 Miscellaneous 13 $ 112,600.00 $ 710.50 0 $ 769.00 68 ITOTAIS 68 $3,267,600.00 $17,303.50 $8,259.25 $94,429.75 Total Fees Include: Building, Pei rdt Fee, Sus -Charge, Plan Check Fee, SAC ihit Fee, 4ater Connection Fee, Dater Meter Fee and Road Lhit Fee. EEO