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12/05/2005 - City Council Regular AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING December 5, 2005 6:30 P.M. 1. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8: 00 p.m. the Council will take a short recess) III. RECOGNITIONS & PRESENTATIONS IV. CONSENT AGENDA d A. APPROVE MINUTES 3 B. PERSONNEL ITEMS 00~. a C. APPROVE CHECK REGISTERS ~D. APPROVE Revision to October 6, 2005 City Council Minutes 9 E. ACCEPT Proposal for Document Imaging Equipment G - Parcel 10-17402-062-03 bf. / APPROVE Senior Citizen Special Assessment Deferment Application G. APPROVE Application for Grant from Minnesota Division of Homeland Security and Emergency Management 3 y H. APPROVE Change in Management on the On-Sale 3.2 Percent Malt Liquor License at Davanni's, 1960 Cliff Road ~SI. APPROVE Change in Management on the Off-Sale Liquor License and the Off-Sale 3.2 Percent Malt Liquor License at Sam's Club, 3035 Denmark Avenue p316J. APPROVE Change in Management on the On-Sale Liquor License at Granite City Food & Brewery, 3330 Pilot I Knob Road p 37 K. APPROVE Change in Management on the On-Sale Liquor License at Viva Italia, 1629 Lena Court 3g L. APPROVE On-Sale 3.2 Percent Malt Liquor License for M. Cheng, Inc., dba Hong Wong, 2139 Cliff Road ~39 M. APPROVE 7-1-05 to 7-1-06 General Insurance Renewal ,A spoN. APPROVE Final Subdivision - Kennealy Addition - A Final Subdivision of 2.0 acres to create 3 lots located at 2115 Silverbell Road in the SE of Section 18 DYAO. APPROVE Change Order #2, Contract 04-10, Coachman Water Treatment Plant (Landscaping) / y3 P. APPROVE Comments Regarding City of Rosemount Comprehensive Guide Plan Amendment for County Road 42 and US 52 Land Use Area tl~t/ Q. APPROVE Amendments to Verizon Wireless Antennae Lease Agreements (Lexington and Safari Reservoirs) R. APPROVE Final Payment and Authorize Public Agency Maintenance for Contract 04-04 (Lexington Avenue / TH 55/ Blue Gentian Road - Street Improvements) UL S. APPROVE Final Change Order #14 and Final Pay Request, Contract 03-09 (Coachman Water Treatment Plant - 40 Expansion and Renovation) r 1/2 T. RECOMMEND to the County Board the Private Sale of Tax Forfeit Property (Parcel 10-02900-020-05) tt 9U. AUTHORIZE Eagan Community Center to implement a program to allow personal training off-site r_ S r V. APPROVE catering options to accommodate religious/ethnic requests and/or smaller sized groups . PUBLIC HEARINGS p,S,SA. PROPOSED BUDGET AND PROPERTY TAX LEVY FOR 2006 - TRUTH IN TAXATION HEARING ~4(0013. VARIANCE - Equal Access Homes - Charlie Braun - A Variance to the required 30' setback from the public right of way located at 4329 Livingston Drive in the NE '/4 of Section 26. pir- / C. PROJECT 917, Final Assessment Hearing, Coachman Road (Street Overlay). D. PROJECT 926, Saddlehom / Sunset Additions / Northview Meadows (Street Overlay). /0 E. PROJECT 927, Meadowland 0 / Beaver Dam Road / Suncliff 0 - 5'h Additions (Street Overlay). VI. OLD BUSINESS VII. NEW BUSINESS P l Y OA, CONDITIONAL USE PERMIT - TMI Coatings (Guido Gliori) - A Conditional Use Permit to construct a 40' x 40' metal sided shed and outdoor storage of hazardous material for property located at 3291 Terminal Drive in the SE '/4 of Section 8. ~6.5B. CONDITIONAL USE PERMIT - Arzu's Restaurant (Hemant Bhakta) - A Conditional Use Permit for on-sale liquor in conjunction with a restaurant located at 1304 Town Centre Drive in the NW '/4 of Section 15. p /4y C. ON-SALE LIQUOR LICENSE for Arzu's Restaurant Concept, Inc., dba Genghi's Grill, 1304 Town Centre Drive. IO 5 D. CONDITIONAL USE PERMIT - Kwik Trip (Leah Nicholas Berlin) - A Conditional Use Permit to add approximately 315 Sq. Ft. for additional kitchen space located at 3145 Dodd Road in the NW of Section 12. d D E. CONDITIONAL USE PERMIT HEARING - Consider revocation of a conditional use permit for Magnum p Q Towing (Kevin Mellon), 4871 Biscayne Avenue. (Continued from the Nov. 1, 2005 Council meeting) ` VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE IX. ADMINISTRATIVE AGENDA A. Comments by City Council, City Administrator, and Department Heads ` X. ECONOMIC DEVELOPMENT AUTHORITY P The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA') may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER B. ADOPT AGENDA ~aICC. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS PQ181. CEDAR GROVE REDEVELOPMENT DISTRICT -Resolution to Approve a Purchase Agreement for Frattallone Ace Hardware Property, 4000 Sibley Memorial Highway CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize taff to Enter into Negotiations for fF~25. the Potential Acquisition of Ellingson and Associates Property, 3900 Cedarvale Drive . OTHER BUSINESS G. ADJOURNMENT XI. VISITORS TO BE HEARD (for those persons not on agenda) XII. CLOSED SESSION XIII. ADJOURNMENT The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, or status with regard to public assistance. Auxiliary aids for persons with disabilities will be provided upon advance notice of at least 96 hours. If a notice of less than 96 hours is received, the City of Eagan will attempt to provide such aid. City of Ema To: HONORABLE MAYOR & COUNCILMEMBERS From: CITY ADMINISTRATOR HEDGES Date: DECEMBER 2, 2005 Subject: AGENDA INFORMATION FOR DECEMBER 5, 2005 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the December 5, 2005 City Council agenda, the following items are in order for consideration. Agenda Information Memo December 5, 2005 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the November 15, 2005 regular City Council meeting, the November 29, 2005 special City Council meeting and the November 7, 2005 special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the November 15, 2005 regular City Council meeting are enclosed on pages 3 through I- 9 Minutes of the November 29, 2005 special City Council meeting are enclosed on pages through -I-- 0 Minutes of the November 7, 2005 special City Council meeting are enclosed on pages through. MINUTES OF A REGULAR MEETING OF THE ~R EAGAN CITY COUNCIL Eagan, Minnesota November 15, 2005 A Listening Session was held November 15, 2005 at 6:00 p.m. prior to the regular City Council meeting. All members of the City Council except Councilmember Carlson were present. Ruthie Batulis, President of the Northern Dakota County Chambers of Commerce and Jim Moeller, a member of the Technology Working Group, noted that they could not be present later in the evening for an item to come up on the Administrative Agenda, but offered comments in favor of Eagan using the same consultant as the City of Burnsville to save money on a conduit and fiber analysis which is part of the work plan for the Technology Working Group. A regular meeting of the Eagan City Council was held on November 15, 2005 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Geagan, Councilmembers Fields, Tilley, Maguire and Carlson. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, City Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges noted that item A under New Business regarding a Settlement Agreement with Wensmann Realty, Inc. and Rahn Family LLP vs. Eagan is being continued to a special meeting on November 29, 2005 at 5:30 p.m. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the agenda as amended. Aye:5 Nay:0 RECOGNITIONS AND PRESENTATIONS STANDARD & POORS CREDIT RATING UPGRADE TO AA+ City Administrator Hedges stated that the formal presentation regarding the credit rating upgrade will be made by Dave MacGillivray of Springsted at the December 5, 2005 Council meeting. He briefly discussed the upgrade. EAGAN CONVENTION AND VISITORS BUREAU MARKET PLAN AND 2006 BUDGET Communications Director Garrison introduced ECVB Interim Director Dick Haskett who provided an overview of the proposed Market Plan and Budget. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the Eagan Convention and Visitors Bureau 2006 Budget. Aye: 5 Nay: 0 CONSENT AGENDA Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve the consent agenda as presented. Aye:5 Nay:0 A. Minutes. It was recommended to approve the minutes of the November 1, 2005 regular City Council meeting and the October 11, 2005 special City Council meeting as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Peggy Hohag as a part-time guest services representative at the Community Center. C. Check Registers. It was recommended to ratify the check registers dated November 3, 2005 and November 10, 2005 as presented. D. Funding Application. It was recommended to approve submission of the 2006 funding application to Dakota County to operate a recycling program for the cities of Eagan, Burnsville and Apple Valley (jointly, Dakota Valley Recycling). E. Liquor Licenses Renewals. It was recommended to approve the renewals of existing liquor licenses for 2006, subject to review of applications, payment of fees and Police Department reviews. Eagan City Council Meeting Minutes November 1, 2005 Page 2 / F. Tobacco License. It was recommended to a Tobacco License for Croix Oil Company (Croix Convenience Store), 1424 Yankee Doodle Road. G. Tobacco License Renewals. It was recommended to approve the renewal of existing tobacco licenses for 2006 subject to payment of fees and review by staff. H. Trash Hauler License Renewals. It was recommended to approve the renewal of existing trash hauler licenses for 2006 subject to payment of fees and review by staff. 1. Pet Shop and Kennel License Renewals. IT was recommended to approve the renewal of existing pet shop and kennel licenses for 2006 subject to payment of fees and review by staff. J. Tree Contractor License Renewals. It was recommended to approve the renewal of existing tree contractor licenses for 2006 subject to payment of fees and review by staff. K. Fee for Carrier Pi eg ons. It was recommended to set a fee of $50 for a permit to harbor carrier / homing / racing pigeons. L. Central Park Pond. It was recommended to authorize that the Central Park pond no longer be designated as a winter outdoor skating site. M. Heart Healthy Living Program. It was recommended to approve the renewal of a contract with Heart Healthy Living, P.A. for 2006 to provide cardiac rehabilitation maintenance program services at the Eagan Community Center and direct the Mayor and City Clerk to sign the agreement document. N. Holiday Hours. It was recommended to approve the proposed 2006 hours of operation for the Eagan Community Center. 0. Membership Promotion. It was recommended to approve the proposed January fitness promotion for the Eagan Community Center. P. Cascade Bay Hours of Operation. It was recommended to approve the proposed modification of hours at Cascade Bay for the 2006 season to include the following: • Periodic Thursdays: 11:00 a.m. - 5:00 p.m. To allow for expanded private rental opportunities. Dates will be specifically defined in time for season pass sales and 2006 marketing. • Periodic Sundays: 11:00 a.rr - 8:30 p.m. When a Thursday private rental closes the park at 5:00 p.m., the park will remain open the following Sunday. Other Sundays will continue to be available for private rental. Q. Donation. It was recommended to approve the donation of three Scotch pine trees from Richard Grundman, which have been requested to be placed within George Ohmann Park. R. Contribution. It was recommended to accept the contribution of $500 from the Eagan Teen Advisory Board (STAB) fundraising campaign for designation to the Oasis Teen Center. S. 20/20 Vision Plan. It was recommended to accept the 20/20 Vision for Parks, Recreation and Open Space document as a guide for the City of Eagan's future planning, discussion and policy consideration during the next 15 years. T. Final Plat. It was recommended to approve a Final Plat (Murphy Larsen Estates) of approximately .98 acres to create a single family lot located at 4261 South Robert Trail in the NE '/4 of Section 25. U. Final Subdivision. It was recommended to approve a Final Subdivision (Nicols Ridge 2°d Addition) for phase II and Final Planned Development to create 16 lots and 1 outlot (4 buildings 4 units each) for property in the SW of Section 19 south of Cedarvale Mall. V. Business Assistance Policy and Public Financing Assistance Policy. It was recommended to refer consideration of an update of the City's Business Assistance Policy and Public Financing Policies to the Council Finance Committee. W. Contract 05-06. It was recommended to approve the final payment for Contract 05-06 (1-35E Crossing / Pearlmont Heights / Quarry Park - Trunk Water Main Improvements) in the amount of $11,404.30 to Veit and Company, Inc. and accept the improvements for perpetual City maintenance subject to warranty provisions. X. Contract 05-01. It was recommended to approve the final payment for Contract 05-01 (Citywide - Street Overlay Improvements) in the amount of $81,005.31 to Northwest Asphalt, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. Y. Development Acceptance and Maintenance Authorization. It was recommended to acknowledge the completion of the following Development Agreement public improvements and authorize perpetual City maintenance subject to warranty provisions. Z. Joint Powers Agreement. It was recommended to approve a Joint Powers Agreement with the City of St. Paul. Eagan City Council Meeting Minutes November 1, 2005 Page 3 AA. Nicols Ridge Addition. It was recommended to approve the extension of the development contract for Nicols Ridge Addition (City Project No. 03-N) and authorize the Mayor and Deputy City Clerk to execute all related documents. BB. NPDES Phase II, MS4 General Permit. It was recommended to approve a resolution withdrawing the City's request for a contested case hearing with the Minnesota Pollution Control Agency (MPCA) on the proposed revised MS4 General Permit and authorize the City staff to send a letter to the MPCA supporting the proposed permit revisions with the Mayor's signature. CC. Project 888. It was recommended to receive the Draft Feasibility Report for Project 888 (Cedar Grove Parkway - Trail and Lighting Improvements) and schedule a public hearing to be held on December 20, 2005. DD. Project 931. It was recommended to receive the Draft Feasibility Report for Project 931 (Art Rahn / Hillandale / Meadowlark Road - Street Improvements) and schedule a public hearing to be held on December 20, 2005. EE. Project 932. It was recommended to receive the Draft Feasibility Report for Project 932 (Slater Road. / Whispering Woods / Slater Acres - Street Improvements) and schedule a pubic hearing to be held on December 20, 2005. FF. Project 800R. It was recommended to approve an Easement Agreement for Project 80OR (Cedar Grove Redevelopment Area - Street Improvements) with the owner of Parcel No. 10-19600-010-01 and authorize the Mayor and City Clerk to execute all related documents. PUBLIC HEARINGS LOT 1, BLOCK 2, KENNERICK ADDITION EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a public drainage and utility easement within Lot 1, Block 2, Kennerick Addition, and if approved the Final Plat of Kennerick 3`d Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the pubic hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve vacating the public drainage and utility easements within Lot 1, Block 2, Kennerick Addition. Aye: 5 Nay: 0 Councilmember Carlson moved, Councilmember Maguire seconded a motion to approve a Final Plat (Kennerick 3`d Addition) to create two lots on approximately 0.92 acres located northwest of Pilot Knob Road and Lone Oak Road in the SE '/4 of Section 4. Aye: 5 Nay: 0 LOT 2, BLOCK 3, THE OAKS OF BRIDGEWATER 2ND ADDITION EASEMENT VACATION City Administrator Hedges introduced this item regarding the vacation of a portion of the public drainage and utility easements within Lot 2, Block 3 The Oaks of Bridgewater 2°d Addition. Public Works Director Colbert gave a staff report. Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and tamed discussion back to the Council. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve the vacation of a portion of the public drainage and utility easements within Lot 2, Block 3, The Oaks of Bridgewater 2°d Addition. Aye: 5 Nay: 0 S Eagan City Council Meeting Minutes November 1, 2005 AN Pa ge 4 c~ OLD BUSINESS COMPREHENSIVE GUIDE PLAN AMENDMENT - PASTER ENTERPRISES, INC. City Administrator Hedges introduced this item regarding a proposed Comprehensive Guide Plan amendment to change the land use designation on property located north of Yankee Doodle Road and west of Central Parkway. City Planner Ridley explained that this item was continued from the June 21, 2005 City Council meeting. He stated the applicant has submitted a letter updating the Council on their progress with regard to the development, coordinating development with the adjacent property to the east, securing anchor tenants for the retail center, preparing a traffic study, and the preparation of Preliminary Subdivision and Preliminary Planned Development application submittals. He further stated that Paster Enterprises needs additional time to prepare the detailed plans and architectural guidelines necessary for the Preliminary Planned Development and Preliminary Subdivisions submittals and to recruit specific retailers for the development. Mr. Ridley recommended that Council consider continuing this request to the June 20, 2006 meeting. Discussion was held regarding the continuance date and the applicant agreed to extend the review deadline to August 15, 2006, however he stated he is hopeful the application will be submitted to Council earlier in the year. Councilmember Maguire moved, Councilmember Fields seconded a motion to continue consideration of a Comprehensive Guide Plan Amendment to change the land use designation from special Area - Office / Service, to Special Area - Retail Commercial, upon approximately 24 acres located north of Yankee Doodle Road and west of Central Parkway in the SE '/4 of Section 9 to the June 20, 2006 City Council meeting. Aye: 5 Nay: 0 CONFIRMATION OF FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION OF DENIAL ATTRACTA SIGN (JOHN DEERE) City Administrator Hedges discussed this item regarding the Findings of Fact, Conclusions and Resolution of Denial to allow two monument signs for one building at 2955 Lone Oak Drive. The proposed signage request was discussed at the November 1, 2005 Council meeting. City Planner Ridley stated that the applicant had misunderstood the date of the last meeting and was not present. He requested that he be permitted to make a presentation, which the Council agreed to hear. After discussion, it was the consensus of the Council to deny the request as decided at the November I" meeting. Councilmember Carlson moved, Councilmember Fields seconded a motion to confirm the Findings of Fact, Conclusions and Resolution of Denial of the Planned Development Amendment request of Attracta Sign, on behalf of John Deere, to allow two monument signs for one building at 2955 Lone Oak Drive, legally described as Lot 1, Block 1, Blue Ridge 5`h Addition. Aye: 5 Nay: 0 OLD BUSINESS DIFFLEY MARKET PLACE - CIRCULATION AND ACCESS City Administrator Hedges introduced this item regarding County Plat Commission review and denial of the preliminary plat and related site plan based on issues associated with the internal circulation, access to Diffley Road and Daniel Drive. Public Works Director Colbert discussed the options available to pursue a resolution for the required approval by the County. Council discussed various options and concurred that this issue be referred to the Public Works Committee for review and recommendation. Two residents representing the surrounding neighborhood spoke indicating their desire to keep the Daniel Drive connection closed. Councilmember Carlson moved, Councilmember Fields seconded a motion to refer the Diffley Market Place circulation and access issue to the Public Works Committee for review and recommendation at their meeting on December 20, 2005. Aye: 5 Nay: 0 Eagan City Council Meeting Minutes November 1, 2005 Page 5 L)4)4 NEW BUSINESS CONSIDER APPROVAL OF SETTLEMENT AGREEMENT WENSMANN REALTY, INC. AND RAHN FAMILY LLP VS. EAGAN This item was continued during the adoption of the agenda to November 29, 2005. LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE City Administrator Hedges noted the upcoming meeting of the Association of Metropolitan Municipalities ADMINISTRATIVE AGENDA City Administrator Hedges announced that there will be an Executive Session to discuss pending litigation regarding Cascade Bay, the Wennsmann and Rahn vs. Eagan issue, and the City's emergency plan. 11.5 Mile Conduit Business Plan Analysis City Administrator Hedges briefly discussed a business plan for the proposed construction and installation of the 11.5 miles of conduit. Communications Director Garrison stated that a consultant, Dynamic Cities, that is currently working with Burnsville, has offered to prepare a business plan for Eagan's 11.5 miles of conduit route for approximately half of what other experts suggested the business plan analysis would cost. Councilmember Carlson moved, Councilmember Fields seconded a motion to approve Dynamic Cities to prepare a business plan for Eagan's 11.5 miles of conduit. Aye: 5 Nay: 0 Contract 03-09. Chance Order #13 (water Treatment Plant Expansion Public Works Director Colbert discussed Change Order #13 to Contract 03-09 (Water Treatment Plan Expansion). He stated that this contract was awarded in July of 2003 and the construction has been certified as complete except for minor punch list and warranty items. This final change order addresses all unresolved issues that arose during the progress of the contract. Councihnember Maguire moved, Councihmember Tilley seconded a motion to approve Change Order #13 to Contract 03-09 (Water Treatment Plant Expansion) as revised by the Public Works Department and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 The City Council meeting was recessed at 8:00 p.m. to immediately convene a meeting of the Economic Development Commission. The regular City Council meeting was reconvened at 8:05 p.m. VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the regular City Council at 8:05 p.m. Aye: 5 Nay: 0 Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). -*7 MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota November 29, 2005 A special meeting of the Eagan City Council was held on November 29, 2005 at 5:30 p.m. at the Eagan Municipal Center to consider the Settlement Agreement for Wensmann vs. Eagan that was originally scheduled on the November 15, 2005 City Council Agenda. Present were Mayor Geagan, Councilmembers Carlson, Fields, Maguire and Tilley. Also present were City Administrator Hedges, City Attorney Mike Dougherty, Appointed Legal Attorney George Hoff, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Parks and Recreation Director Johnson, Communications Coordinator Foote, Director of Community Development Hohenstein, City Planner Ridley, and Administrative Intern Genee Walz. AGENDA Councilmember Fields moved, Councilmember Maguire seconded a motion to approve the agenda as presented. Aye:5 Nay:0 VISITORS TO BE HEARD There were no visitors to be heard. Councilmember Tilley arrived at 5:39p.m. CONSIDER APPROVAL OF SETTLEMENT AGREEMENT WENSMANN REALTY, INC AND RAHN FAMILY LLP VS. CITY OF EAGAN City Administrator Hedges introduced this item stating that the item was scheduled for consideration at the November 15, 2005 City Council meeting. However, upon consideration on the 15th, the Council continued consideration of the Settlement Agreement to a Special City Council meeting on Tuesday, November 29, 2005. Mayor Geagan welcomed attendees and stated that the purpose of the meeting was to learn about the proposed settlement agreement in the case of Wensmann v. City of Eagan and to consider action on the proposed settlement. He outlined the order, expectations, and proposed outcome of the meeting. Mayor Geagan emphasized that although public testimony is welcome pertaining to the settlement, there will be no discussion of the merits of any development proposals. Mayor Geagan then gave a brief chronological summary of the City of Eagan's history with the Carriage Hills Golf Course property as well as the City's past exploration of operating a municipal golf course within the City. Copies of the contingent settlement agreement were distributed to the audience by City Attorney Dougherty. Appointed Legal Attorney George Hoff provided a summary of the proposed settlement agreement. Mr. Hoff added that although the application for amendment to the Comprehensive Guide Plan is attached, the City is not bound to approve the attached proposal. Hoff noted that the action before the Council tonight is to accept or deny the proposed settlement, not the development project. He emphasized that approval of the proposed settlement only outlines the process for a solution. Mr. Hoff then addressed the issue of attorney/client privilege, stating that it is important that Council can meet with their attorneys in private as provided for under Minnesota state law. Hoff added that if the topics discussed in closed sessions are expressed in public, there may be a waiver of this privilege. He concluded it is the City Council's fiduciary obligation to protect this privilege and refrain from discussing these matters in a public setting. The Mayor asked for questions from Council. Councilmember Maguire asked if the golf course would be open to the public. Mr. Hoff replied that although privately owned, the golf course would be open to the public. Councilmember Tilley asked if the application would come before Council like any other application. Mr. Hoff replied that the application will go through the normal process. Mayor Geagan opened the floor to public testimony. F Eagan City Council Meeting Minutes October 6, 2005 Page 2 Council and attorneys responded to a list of questions generated during the public comment period. Mr. Hoff stated if the lawsuit continued through the district court, the decision could set precedent for similar cases in the future. Council discussed the language of the Contingent Settlement Agreement. Mayor Geagan moved, Councilmember Tilley seconded, a motion to approve a settlement agreement in the matter of Wensmann Realty and Rahn Family LLP v. City of Eagan subject to the following changes: 1. "April 27, 2004" changed to "April 27, 2005" in Section 5 on page 5 of the Contingent Settlement Agreement. 2. "Exhibit A" changed to "Exhibit B" in Section 5 on page 5 of the Contingent Settlement Agreement. 3. "The golf course will serve as a community recreational facility for the area" changed to "The golf course will be open to the public for use and serve as a community recreational facility for the area" on page 3 of Exhibit C. 4. All Detached Townhomes, Luxury Twinhomes, Row Twinhomes, New Urban Townhomes, Senior Housing Units, and Condominium Units will be designated as Owner-occupied. 5. The golf course will be open before closing on the sale of residential units. 6. Development of the property, the improvements and housing proposed are subject to the City's design review and approval and any modifications to the approved design must be approved by the City Council. Aye: 5 Nay:O Councilmember Maguire moved, Councilmember Tilley seconded a motion to adjourn the Special City Council meeting at 7:00 p.m. Aye: 5 Nay: 0 Date Administrative Secretary / Deputy City Clerk If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535). The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. MINUTES SPECIAL CITY COUNCIL MEETING NOVEMBER 7, 2005 5:30 P.M. EAGAN ROOM - EAGAN MUNICIPAL CENTER City Councilmembers present: Councilmembers Carlson, Fields, Maguire and Tilley. Mayor Geagan was not present. City staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Administrative Intern Walz, Director of Parks and Recreation Johnson, Superintendent of Enterprise Operations Mesko, Superintendent of Recreation Asfahl and Superintendent of Parks Olson. 1. ROLL CALL AND AGENDA ADOPTION Councilmember Tilley moved; Councilmember Maguire seconded a motion to approve the agenda with the modification to continue the Commercial/Industrial Architectural Standards Policy to the City Council's December workshop. Aye: 4; Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. The City Council moved into Closed Session at 5:35 p.m. to discuss the Wensmann vs. City of Eagan litigation. The City Council reconvened the Special City Council meeting at 6:20 p.m. 111. OTHER BUSINESS City Administrator Hedges noted that Councilmember Carlson has requested that a discussion take place regarding the building size, scale, etc. within retail and commercially zoned areas of the City. The Council discussed Councilmember Carlson's request and directed staff to conduct a survey of other communities as to how their city code addresses the issue of size and scale of businesses within the various land use designations. In addition to code requirements, the City Council requested additional research of communities that have size/scale standards for businesses in retail/commercial areas, as well as office service and special areas. Councilmember Carlson noted, that should the City Council consider any changes to the City Code, those changes could not affect any development proposals already processed by the City. The City Council directed that any ordinances or community standards that other cities have in place be reviewed by the City Attorney before being brought back to the City Council for further discussion at the December 12, 2005 Special City Council workshop. Councilmember Carlson departed at 6:35 p.m. /D IV. JOINT MEETING WITH THE APrC City Administrator Hedges introduced the item, noting that the APrC has been working with CEHP since November of 2004 to create a guide and vision for the City's park, recreation, and open space needs over the next fifteen years. Hedges added that several meetings have been held to solicit input from the community during the information gathering phase of the project. It was also noted that residents were offered several other options, including e-mail, dedicated phone calls, and personal contacts to share their feedback and ideas with regard to the 20/20 Vision. Acting Mayor Fields welcomed and thanked the APrC for their work on the 20/20 Vision. Terry Davis, Chair of the APrC, was introduced and proceeded to provide an overview of the 20/20 Vision. Chair Davis summarized the 20/20 Vision key findings, which included preserving open space and green space, enhancing the City's trail system, creating a healthy community, serving a demographically changing community, and dealing with finite resources. Upon summarizing the key findings of the 20/20 Vision process, Chair Davis provided a summary of the emphasis of the vision, programming recommendations, open space findings, and recommendations for unique facilities and special areas. The City Council discussed the 20/20 Vision as presented to the City Council. In particular, the City Council discussed the changing demographics within the community. The City Council and members of the APrC who were present had a dialogue about the various components of the 20/20 Vision. Councilmember Maguire noted that the 20/20 Vision is intended as a discussion tool; however, no commitments are being made to specific standards or projects that are included in the 20/20 Vision. Chair Davis noted that should the Council accept their report, it is their understanding that the next phase will be for the APrC to recommend prioritization of the tasks and goals included in the 20/20 Vision over the next one to two years. Chair Davis invited any feedback from the City Council on the 20/20 Vision, and encouraged feedback to be shared with the APrC or Parks and Recreation Director Johnson. Acting Mayor Fields again thanked the APrC for all of their work on the 20/20 Vision. Councilmember Maguire moved; Councilmember Tilley seconded a motion to place the acceptance of the 20/20 Vision on the November 15, 2005 City Council Consent Agenda. Aye: 3, Nay: 0 The City Council and APrC moved on to discuss the 2006 Park Dedication Fees. City Administrator Hedges provided an overview of the item noting that the APrC annually reviews park and trail dedication fees and makes recommendations to the City Council for consideration. Hedges added that during the past several years, the review has incorporated fees from other metro communities to provide a basis of comparison. The comparison has shown Eagan in the lower quadrant as dedication fees have been increasing in many other communities. Parks and Recreation Director Johnson noted that a more extensive review and comparison has been completed this year and demonstrates that if the City of Eagan attempts to become more in line with other metro communities, the net result is significant increases in several areas. Superintendent of Parks Olson summarized the City's method for determining park dedication fees. Mr. Olson also summarized the philosophy the APrC has used in past years with regard to establishing park dedication fees to be recommended for the City Council's approval. It was noted that the City of Eagan is one of a few communities that separates park and trail dedication fees. Parks and Recreation Director Johnson summarized recent discussions of the APrC by noting that it is the APrC's recommendation that the City of Eagan use the average of the 2005 metro community fees plus a 10 percent increase as an adjustment for 2006. The City Council discussed the recommendation of the APrC, noting that revenues are decreasing as the City reaches full build out. Parks and Recreation Director Johnson noted that other communities are typically increasing their park dedication fees by more than 10 percent each year. Councilmember Maguire raised the question as to whether the City could apply park dedication fees to redevelopments and not just to new development. Superintendent of Parks Olson noted that the purpose of tonight was for the City Council to review the information pertaining to the 2006 park and trail dedication fee proposal, however, no action is required at this time as the dedication fees will be presented in their entirety when other parks fees are brought to the City Council for consideration. V. ADJOURNMENT Councilmember Maguire moved; Councilmember Tilley seconded a motion to adjourn the workshop at 7:35 p.m. Aye: 3; Nay: 0 Agenda Information Memo December 5, 2005 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. Operations Support Specialist/Maintenance-- ACTION TO BE CONSIDERED: To approve the hiring of Sara Hegle as Operations Support Specialist at the Maintenance Facility. Item 2. Part-time Seasonal Winter Recreation Leaders-- ACTION TO BE CONSIDERED: To approve the hiring of Erick Bertelsen, Kevin Blake, Steven Bringgold, Jackie Carlson, Geoff Cleveland, Kelly Colbert, Katy Donndelinger, Nick Durand, Michael Eilers, Peter Fooshe, Luke Garrison, Wayne Gray, Becky Henning, Eric Holmay, Nick Kelley, Neal Kiser, Richard LeMay, Doug Lindow, Ryan Malterud, Katie Maruish, Ryan Moy, Daniel Myers, Nick Olson, Renee Schlittler, Kati Schorn, Luke Selby, Dylan Squires, Matt Steele, Kevin Stevenson, Aaron Strey, Jeff Swenson, John Swenson, John Tatera and Kelli Wood as part-time seasonal winter recreation leaders. Item 3. Part-time Seasonal Recreation Program Assistants— ACTION TO BE CONSIDERED: To approve the hiring of Meghan Chappuis and Adam Nelson as part-time seasonal recreation program assistants. Item 4. Part-time Seasonal Site Coordinators— ACTION TO BE CONSIDERED: To approve the hiring of Alyssa Kane and Robert Rydberg as part-time seasonal site coordinators. Item 5. 2006 Seasonal Pay Rates for Cascade Bay and Civic Arena-- ACTION TO BE CONSIDERED: To approve the 2006 seasonal pay rates for Cascade Bay and the Civic Arena as presented. FACTS: • Enclosed on page 15' are the 2006 ay rates for Cascade Bay • Enclosed on pages ~ throughLZ are the 2006 pay rates for the Civic Arena 13 Agenda Information Memo December 5, 2005 Eagan City Council Meeting Item 6. 2006 Seasonal Pay Rates for Cascade Bay and Civic Arena-- ACTION TO BE CONSIDERED: To approve the revised tuition reimbursement policy as presented. FACTS: • Enclosed on page,~1;is a copy of the revised tuition reimbursement policy. • Enclosed on page -,U is a copy of a summary of changes to the tuition reimbursement policy that is being proposed. Item 7. Workers Compensation Claim Settlement - Trent Johnson ACTION TO BE CONSIDERED: To approve a workers compensation claim settlement with former Police Officer Trent Johnson. FACTS: • While on duty on April 1, 2002, former Police Officer, Trent Johnson, was injured in an automobile accident and was not able to return to work as a police officer. • The City did not have a suitable position available for Mr. Johnson, given his work restrictions and he left City employment on September 4, 2004. • Mr. Bill Laak, the workers compensation attorney representing the City, has reached a tentative settlement of the case. • The tentative settlement is within the financial parameters set by the City Council in its Executive Session held on November 17 and per City Council direction is placed on the agenda for formal approval. • In the event the City Council would like to discuss the matter in detail, the regular meeting should be adjourned to Executive Session and the matter then returned to the. agenda for action. ~O Ln v * co CA co co co LO O o 04 f~ O Lf) r r r Cp 1~ 066 co O O O orn r O O O C N 0 to L 69 643, 643, 69 r 69 r 6fl (t3 69 r r r m 64 69 H9 60 69 614 4) O U C U) O O cD 00 M O qt O O O 0 N c CO e- N CO co M ~ O Cn Cn 0) M M 9 a0 O 00 O O O 6 00 O O N 0 69 69 69 69 r 69 r 69 69 69 r r N = 69 69 69 69 69 E9 y O L O LO 00 co r '~t It w w O N M CO O M O O LO W W 0 O r I- j. 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Q U N O C N O c y cm N O N C O O O O 7 w e O e 7 \ O w 3 O 04? y O L U C9 J M C9 J a C9 W) U J U C9 m a J C U F- 3 0 0 N O ti O c~ O O b eq U a y _ _ O N W a~i ~ a¢i _O ~ U 00 U 69 V] 69 6R 0 ~ b O d O O h Cd Z y wl O M N r- 06 CIN C/1 6R b4 6i9 boll V bQ U ~ w u O a~ C o o r. 0 U CA W 3 ~ 0 0 o pG4 4w W*j W) o cy ~n W oo G 6 00 ~ 'b rig G 9 W e> r cts 4- 00 en r o r~ o° N O NN El9 co O O O CO M Lf) L 69 69 r 6 69 O O O O O O N N M O O 9 Co O 69 69 69 C O rf h N r 69 69 C) N U M M N co M M m N 69 69 69 L 69 69 E9 Co M O 00 0 O O M N N M M O 6 (Y) co E9 69 69 0 N 6s 0 69 d9 E9 V co V U) N M M M N N N M N l d T U) C) 69 69 69 06 Y 69 d9 69 N N U') O) O LO O Co N N M f!3 6f9, 69 E9 69 69 69 N t'6 H C ~ N U) V p C U R U = N C a C 0 U C X a O Q V) W W Q [w!LW0 SECTION TWENTY-TWO TUITION REIMBURSEMENT POLICY 22.1 Purpose: The City of Eagan supports and encourages an employee's individual efforts to improve their skills and further their knowledge as an investment in quality performance through formal education for the mutual benefit of the City and the employee. To serve this end, the City of Eagan will assist an employee with the reimbursement for costs directly related to tuition, books and materials, subject to budget availability, as provided under this policy. Interested candidates will complete an application and agree to participate in an interview process with the Manager of Human Resources and the Department Director, and other identified designees. The final determination of eligibility will be made by the Human Resources Manager and the Department Director. 22.2 Participant Eli 'bilit. To be eligible under this policy, an employee must meet the qualifications outlined below: 22.2.1 Candidates must be employed by the City of Eagan as a regular employee at the time of application and at the completion of the course or courses approved. Employees hired after February 1, 2003, must have at least three continuous calendar years of service with the City of Eagan to be eligible, unless otherwise stated in a current labor contract. 22.2.2 Apply for reimbursement and receive the written approval of the Department Director and Human Resources prior to the first class. 22.2.3 Meet all requirements for eligibility throughout the period of the course. 22.3 Course Criteria: To receive approval for tuition reimbursement, an employee's educational expenses must meet the following criteria: 22.3.1 Courses and costs that may be approved: a. If pursuing an identified Degree Program related to the employee's current field, all coursework, including core course and required elective courses will be reimbursed accordingly. Ideally, courses will improve skills and abilities which can be applied directly and immediately to one's current position. b. If pursuing courses that are not part of an identified Degree Program, they must be related to the employee's current position (e.g. cost accounting for accountants, word processing computer programs for clerical technicians). For example, courses that would directly supplement the employee's current field (e.g. quality control for public works employees, public administration for supervisors and department managers). C. Courses offered by an accredited institution, including correspondence courses if appropriate. 22.3.2 Courses and costs not approved: a. Audit courses. b. Courses for which a satisfactory grade (C or above) is NOT achieved, for which a failing grade is received in a pass/fail grade system or courses where a certificate of completion is not awarded if no grades are awarded. C. Separate fees such as; travel costs, parking fees, special fees, activity fees, typing or preparation costs, finance charges and penalties. d. All other costs not expressly mentioned above, but which fail to meet criteria for approval at the discretion of the Manager of Human Resources. 23.1 Reimbursement Parameters: 23.1.1 Coursework: a. The employee must complete identified coursework in order to receive reimbursement. b. Courses should be scheduled so as to prevent interference with an employee's ordinary work schedule at the discretion of the department director. c. Courses should be of such a nature and level of demand as to prevent interference with an employee's work performance, capacity to work, concentration, alertness or any other measure of performance. d. Completing preparatory work and homework will not be permitted during scheduled work hours. 23.1.2 Reimbursable Expenses: a. Employees participating in the program will be reimbursed up to a total lifetime maximum of $5000. The maximum will be indexed by 5% each calendar year. b. All applicable credits for coursework as defined in section 22.3.1 will be reimbursed up to 50% of the University of Minnesota's current tuition costs. c. The costs for reimbursement of text books will be included as part of the total identified maximum reimbursement. Text books will be reimbursed at 100%. 24.1 Application Process: 24.1.1 New candidates interested in participating in the program must complete an application and participate in an interview process with their Department Director, Human Resources Manager and other identified designees. Approval into the program will be determined through this selection process by the Department Director and Human Resources Manager. A written reference is required from a current or past City of Eagan supervisor. 24.1.2 Applications must be submitted directly to Human Resources no later than May 15 for the following calendar year. Request for Reimbursement: 24.1.3 The employee must retain the original approved application until the course is completed. To receive reimbursement, the employee must: a. Complete the bottom portion of the approved application and submit with: 1. Written evidence of satisfactory completion of the course such as a grade report, certificate, or a statement from the school. 2. Fee statements or paid receipts for related expenditures are required. Canceled checks may be accepted with approval from the Human Resources Manager. b. Obtain approval of reimbursement from the Human Resources Manager. c. The Human Resources Manager will submit the completed form and attachments to the Finance Department for reimbursement 25.1 Financing the Tuition Reimbursement Program: 25.1.1 Budgeting Each year, no later than May 15, employees not yet enrolled and accepted in the tuition reimbursement program, will make application to receive tuition reimbursement for the following calendar year. Upon approval of the requests, a budget will be developed by Human Resources and reviewed and approved by the Director of Administrative Services, in consultation with the Senior Management Team, based on the total number of current and new participants and with consideration to the total overall budget allocation. Annual budget allocations for tuition reimbursement will be reported in departmental budgets, reflecting individual participation in the program, with the total tuition reimbursement budget administered by the Human Resources Manager. Department Directors may not re-allocate designated tuition reimbursement dollars for other departmental costs or for other potential tuition reimbursement recipients. Should a situation arise in which the allocated expenses are less than budgeted for, the Human Resources Manager, with input from the Department Director will determine if other interested and eligible candidates could benefit from the unused resources, understanding that those identified candidates may be in another department, in which case, available dollars could be transferred to another department. Lkp/hr policieseagan/tuition 06 Summary of Chances to the Tuition Reimbursement Policy 1. The application process will be expanded to include not only an application but an interview with the Human Resources Manager and the candidate's Department Head, along with a reference from a City of Eagan Supervisor. 2. Applications must be received no later than May 15 for the following year, in order to plan for the following budget year. In the previous policy, a deadline was not communicated. 3. An additional section was added to address the overall budgeting of tuition reimbursement. 4. Parameters of Reimbursement are modified to reflect a total lifetime reimbursement of $5000 with indexing each calendar year. 5. Credits for coursework may be reimbursed up to 50% of the University of Minnesota's costs, wherein the previous policy it was simply suggested that the participant consider a lesser expensive institution. Up/hipolicieseagan/sum of changes to tuit reim c? 3 Agenda Information Memo December 5, 2005 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated November 17, 2005, November 24, 2005 and December 1, 2005 as presented. ATTACHMENTS: • Check registers dated November 17, 2005, November 24, 2005 and December 1, 2005 are enclosed without page number. a~ Agenda Memo Regular City Council Meeting December 5, 2005 CONSENT AGENDA: D. Revision to October 6, 2005 City Council minutes ACTION TO BE CONSIDERED: Approve revision to October 6, 2005 City Council minutes as follows: Page 6 regarding the Diffley Marketplace proposal. No action was taken on the Final Planned Development for Phase I of a retail commercial development (Diffley Marketplace) consisting of a 42,600 square foot grocery store and two 10, 000 square foot multi- tenant retail buildings, upon 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 13Th Addition and Outlot A, Lexington Pointe 7`h Addition, in the NW 4of Section 26, pending Dakota County action on the site access issues. FACTS: • The October 6, 2005 Council minutes inadvertently reflected action taken on the Final Planned Development for Phase I of Diffley Marketplace. • After staff review, it was determined that action was taken only on the Preliminary Planned Development. ATTACHMENTS: • A copy of pages 4 through 6 of the October 6th minutes which addresses the Diffley Marketplace proposal is attached as pages" through ~5- Eagan City Council Meeting Minutes October 6, 2005 Page 4 Mayor Geagan asked Chief Therkelson if he has researched the public safety impact of different certification requirements. Chief Therkelson stated that although he had not looked into different certification requirements, the current ordinance requirements have been successful in regarding public safety and consumer protection issues. He mentioned that he is comfortable with the language of the ordinance amendment and does not anticipate problems. Councilmember Fields moved, Councilmember Tilley seconded a motion to approve an ordinance amendment to Chapter 6, Other Business Regulation and Licensing, regarding Massage Therapy Establishment and Massage Therapy Licenses. Aye: 5 Nay: 0 PRELIMINARY PLANNED DEVELOPMENT AND FINAL PLANNED DEVELOPMENT (OUTLOT A, LEXINGTON POINTE 13TH ADDITION AND OUTLOT A LEXINGTON POINTE 7TH ADDITION) - RELIANCE DEVELOPMENT City Administrator Hedges introduced this item regarding a Preliminary Planned Development and a Final Planned Development for a retail commercial development, consisting of a 43,175 square foot grocery store, and two 10,000 square foot multi-tenant retail buildings south of Diffley Road and east of Lexington Avenue in the NW '/4 of Section 36. City Attorney Dougherty explained the legal constraints presented by the property's current zoning in light of the Comprehensive Guide Plan. He also clarified the consequences of approval, denial, or continuance of the item. City Planner Ridley gave a staff report outlining deviations and variances as well as reasons for denial by the APC. Council asked for clarification between the differences between the zoning of Planned Development and Neighborhood Business as it relates to the proposed development. City Planner Ridley provided a comparison of the two options. Council asked for an overview of the process for rezoning to Neighborhood Business. City Attorney Dougherty stated the process and clarified that there would be little legal stance to deny the application to Neighborhood Business rezoning. Mayor Geagan asked for comments from the developer. John Trouts of Reliance Development Company, a partner in Diffley Ventures, thanked the Council for the previous continuance. He stated that his development would provide an attractive architectural package, an over-standard green space including an outdoor plaza, and finally a unified development plan providing continuity to the area. He also expressed interest in reducing residential and commercial traffic mix by engaging the developer, the City and Dakota County in constructing a full access entrance with traffic light at the main access point on Diffley. He said that if the main access point on Diffley had a traffic light, there would be no need for an access point off of Daniel Drive. He also pledged to pay for 75% of the traffic light. Mayor Geagan opened for Council discussion. Council asked Staff for their opinion on traffic options and the willingness of the County to negotiate the access points. City Engineer Matthys reviewed the traffic options and summarized the County's specifications on access points. Council directed staff to discuss the options further with the County, preferring a fully signalized main access point to be across from the elementary school on Diffley, full access to Daniel Drive and no Daniel Drive access to the development. Council discussed landscaping options in the development, specifying desire for double-stacked evergreens and a decorative fence along property line to discourage walk-through traffic. Mayor Geagan opened for public comment. Nineteen members of the public expressed their concerns including: increased traffic, children safety, County acceptance of full-signalization proposal, store hours, architecture congruity with neighboring buildings, scale of store, future improvements to Lexington and Diffley roads, quality of Rademacher's franchise, outdoor trash and storage, number of and noise generated by trucks, emergency vehicle access to Daniel Drive, allowance of a service road, applicability of past zoning to today's needs, number of full access points, impact of a signalized intersection on the traffic capacity of Diffley Road, property valuation after site is developed, height and brightness of lights in parking lot, height and length of berm on property line, resident recourse if County denies access proposal, precedence set for nearby undeveloped sites, size of parking spaces and their impact on development size, developer payment of traffic signal, content of retail stores, impact of a destination Eagan City Council Meeting Minutes October 6, 2005 Page 5 grocery store as opposed to a neighborhood grocery store, elevation impact during grading, and the number of conditions of approval. Council, City staff and the developer responded to a list of questions generated during the public comment period. Mayor Geagan closed the public comment period and turned discussion back to the Council. Council thanked everyone for their participation and diligence in becoming educated about the issue. Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a Preliminary Planned Development for a retail commercial development (Diffley Marketplace) consisting of a 43,175 square foot grocery store, two 10,000 square foot multi-tenant retail buildings, and two other retail buildings upon 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 13th Addition and Outlot A, Lexington Point 7th Addition, in the NW '/s of Section 26, subject to the following conditions: Aye: 5 Nay: 0 1. A Final Planned Development Agreement shall be executed for each Phase of the development. The following plans are necessary for the Final Planned Development Agreement: • Final Site Plan • Final Building Elevations • Final Site Lighting Plan • Final Landscaping Plan • Final Signage Plan 2. The property shall be platted prior to issuance of any building permits. Outlot A, Lexington Pointe 7th Addition, a 0.15 acre parcel adjacent to Daniel Drive) shall be included in the plat combining the two existing outlots that comprise this site into a single parcel. The platting shall be completed prior to issuance of any building permits. 3. Uses permitted within the NB zoning district shall be permitted within the two Phase I retail buildings. Only three Class II restaurants, with one drive-through service shall be permitted in the Phase I retail buildings. Any additional Class II restaurants in the Phase I retail shall require a Planned Development Amendment. 4. The approved use for the Phase II development shall be one Class II restaurant with drive through service and one financial institution with drive through service. Any use in Phase II other than the uses specified will require an amendment to the Preliminary Planned Development. 5. The following Class Il restaurants shall be prohibited: McDonald's, Burger King, KFC, Wendy's, Taco Bell and Arby's. 6. Phase II development will require Final Planned Development approval for each building. Each Final Planned Development application will require a Site Plan Review by the City Council. 7. Phase II development on the east end of the site shall be subject to the minimum setback requirements in the NB zoning district, except that any proposed buildings in Phase II shall be set back a minimum of 50 feet from the south property line, and parking may be set back 15 feet from Diffley Road. 8. With future subdivision, cross-easements will be needed for ingress/egress and parking in a form acceptable to the City Attorney. 9. The trash enclosures shall meet the 30-foot setback from the south property line. 10. The development shall provide a service drive dedicated to through movements and without direct parking stalls, from the existing access onto Diffley Road to the Walgreen's property. 11. This development shall dedicate 10' drainage and utility easements centered over all common lot lines and adjacent to private property or public right-of-way. 12. This development shall dedicate all public right-of-way and temporary slope easements for ultimate development of adjacent roadways as required by the appropriate jurisdictional agency. 13. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation necessitated by City storm water storage volume requirements and area acceptable to the City Engineer. 14. All public streets and utilities necessary to provide service to this development shall be designed by a registered professional engineer in accordance with City Codes and engineering standards, guidelines and policies. f~ Eagan City Council Meeting Minutes October 6, 2005 Page 6 15. To ensure that Walgreen's will retain access to Diffley Road with future subdivision of the subject site, the developer shall provide a copy of the access easement affording Walgreen's access to Diffley Road for review and approval by the City Attorney prior to release of the plat and Planned Development agreements for recording. 16. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 17. A detailed landscape plan shall be submitted on the proposed grading plan. The financial guarantee shall be provided in the form of a letter of credit in an amount equivalent to the cost of plant materials plus installation, as calculated by the City, and shall cover two full calendar years subsequent to the completion of the landscaping as provided in the approved landscape plan and shall be released only upon inspection and written notice of conformance by the City. 18. City water quality requirements shall be met primarily through construction of an on-site pond on the east end of the parcel. This pond shall have a minimum treatment volume of 1.5 acre-feet and a maximum depth of 10 feet. To account for the 1.04 acres of the site that drain off site to city streets without stormwater treatment, cash in lieu of ponding shall be paid at the rates in effect at the time of payment. 19. The applicant shall submit a revised Tree Mitigation Plan that shows the mitigation plantings separate from the Landscape Plan. This revised plan shall be submitted to City staff for review and approval by the City Forester prior to inclusion in the Preliminary PD Agreement. 20. The proposed Grading Plan must be revised to incorporate berming along Diffley Road. 21. The developer shall review the Landscape Plan and revise it as necessary to address the following issues: a. Selection of plants and use of taller narrower evergreen materials along the south boundary for solid screening and appropriate size and tolerance for growing conditions. b. Potential conflicts between parking lot island trees and site lighting. c. Designation of mitigation plantings in addition to landscape plantings. d. Added shrub and/or perennial beds along Diffley Road. 22. The site lighting plan shall be reviewed and calculations clarified or lighting modified to better achieve the IESNA recommended standards and reduce light spillover onto adjacent residential property. 23. Additional shielding or adjustments in the proposed lighting shall be made to achieve the 1.0 foot- candle or less at all points along the development where it abuts residential property. 24. The proposed grocery building elevations shall be modified to utilize brick as the primary exterior material rather than EIFS. 25. There shall be no signage on the cart corrals, and all shopping carts shall be retrieved from the corrals and stored within the building overnight. 26. Awnings on the two retail buildings shall be a canvas or Sunbrella material and shall not be illuminated and shall contain no signage. 27. Hours of operation for the grocery store and other commercial businesses shall be restricted to between 6:00 a.m. and 12:00 a.m. (midnight). 28. The driveway connection to Daniel Drive shall be eliminated and the plans resubmitted to Dakota County for review. 29. Grading operations shall occur only between 9:30 am and 3:00 pm. 30. The developer shall provide flagmen during grading operations. 31. Construction operations shall cease at 9:00 pm. No action was taken on the Final Planned Development for Phase I of a retail commercial development (Diffley Marketplace) consisting of a 42,600 sq. ft. grocery store and two 10,000 sq. ft. multi-tenant retail buildings, upon 10.94 acres located south of Diffley Road and east of Lexington Avenue, legally described as Outlot A, Lexington Pointe 13`h Addition and Outlot A, Lexington Pointe 7 b Addition, in the NW '/J of Section 26, pending Dakota County action on the site access issues. Agenda Information Memo December 5, 2005 E. ACCEPT PROPOSAL FOR AN ELECTRONIC DOCUMENT MANAGEMENT SYSTEM ACTION TO BE CONSIDERED: To accept a proposal from Ricoh Business Systems for the purchase, installation and ongoing support of an electronic document management system, subject to the execution of a signed agreement between the City of Eagan and Ricoh Business Systems. FACTS: ➢ The City generates and receives large volumes of records in the course of regular business. In an effort to effectively manage, retrieve and store those documents, staff explored options and alternatives to the traditional methods of continuing with paper filing systems. The City purchased an electronic document management system in 1998, but since that time, the system has become obsolete and is no longer technically supported. ➢ At the October 6, 2005 City Council meeting, the Council authorized the issuance of Request for Proposals for an electronic document management system and also authorized the advertisement for bids. ➢ A legal notice soliciting bids for the system was placed in the Thisweek Newspaper on October 15. Copies of the RFP were provided to six vendors. Two responses to the RFP were received by the deadline of November 3. The two vendors supplying bids were Ricoh Business Systems and Crabtree Companies Inc. Both companies supplied bids for the Laserfiche system. ➢ Based on a thorough analysis of the bids submitted, staff is recommending that the proposal of Ricoh Business Systems be accepted. The proposal from Ricoh Business Systems includes the purchase of applicable hardware, software, installation and support. The purchase price also covers the conversion of the existing data from the City's outdated document management system. Ricoh's price was for all components is $47,000. Crabtree's bid was approximately $11,000 higher. ➢ Financing for the purchase is included in the recently approved 2006 Part II CIP. ➢ Due to the technical nature and length of the proposals, they are not being included with the agenda packet. If any member of the City Council would like to review the proposals, please contact the City Administrator's office. ATTACHMENTS (0): Agenda Information Memo December 5, 2005 Eagan City Council Meeting F. APPROVE SENIOR CITIZEN SPECIAL ASSESSMENT DEFERMENT APPLICATION - PARCEL 10-17402-062-03 (PROJECT 878 CINNAMON RIDGE STREET REHABILITATION) ACTION TO BE CONSIDERED: To approve an application for a senior citizen deferment of special assessments. FACTS: • Section 2.75 of the Eagan City Code allows for the deferment of special assessments for senior citizens, if certain conditions are met. • The City has received a request for a deferment from a property owner in the Cinnamon Ridge 3rd Addition. • The assessment was levied for street rehabilitation improvements related to project 878. • Staff has reviewed the application and determined that the eligibility requirements are met. ATTACHMENTS: • Enclosed without page number is a copy of the application for deferment. 30 Agenda Information Memo December 5, 2005 Eagan City Council Meeting G. APPROVE APPLICATION FOR GRANT FROM MINNESOTA DIVISION OF HSEM ACTION TO BE CONSIDERED: To approve an application for a grant from the Minnesota Division of Homeland Security and Emergency Management. ATTACHMENTS: • Enclosed on pages through 33 is information regarding the HSEM grant request. HSEM Grant Request Background The Eagan Fire Department (EFD) would like to apply for a grant through the Minnesota Division of Homeland Security and Emergency Management (HSEM). The HSEM distributes U. S. Department of Transportation Hazardous Materials Emergency Preparedness (HMEP) Grant Program monies to political subdivisions and other entities to help local responders prepare for hazardous materials incidents. The total amount of the grant for which EFD would like to apply is $8,000. Grant Requests The EFD has five classes that are required of every firefighter. These classes include: Firefighter I, First Responder, Pump Operations, Driving, and Hazardous Materials Operations Level training. The Eagan Fire Department has well-trained in-house personnel who instruct our personnel for the first four classes listed. Unfortunately, the complexities of the Hazardous Materials training requirements force us to use outside instructors which involves a cost. Because we have both day and night responders who are required to go through this training, we must conduct two classes, requiring us to pay for two instructors. Each class runs close to $4,000, so the total for both classes will be approximately $8,000. The maximum amount awarded under this grant is typically $4,800 per class for a total of $9,600. If the full amount requested of $8,000 is not awarded, the difference will be paid for out of the 2006 EFD Training Department budget. Grant Requirements Under the HSEM/HMEP grant, there are 5 activities for which an agency can apply. These are: Planning Advisory Committee Formation and Implementation, Exercises, Training, MIMS Training and Conferences. The Eagan Fire Department would like to apply under the Training Activity. This money will be used to help pay for or off-set the cost of department-required Hazardous Materials Operations-level training. Training grants may be used to offset costs associated with hazardous materials incident-based planning and response training. Funds can be provided for single or multi jurisdictional training. There are three requirements under this grant. • All HMEP grants will require a minimum 20% soft match as the applicant's commitment. • As a general rule, during the course of a year no more than one grant for each of the eligible activities listed above may be awarded to the same applicant. • As a general rule, during the course of the year only one grant application, received from applicant, will be approved for the same event (PAC, training session, etc.) ,3cZ The Eagan Fire Department's soft match will come from utilization of its facilities, hazardous materials equipment, and personnel time. Any out-of-pocket money that may be needed to receive this grant will come out of the 2006 EFD Training Department budget. Conclusion In conclusion, the Eagan Fire Department would like to apply for a grant to pay instructor's costs associated with hosting both a day and night Hazardous Materials Operations-level class. This is one of five classes established by the EFD as a minimum requirement for all firefighters. The total amount to run both classes is approximately $8,000 and the EFD would like to request funds to pay the entire amount. There is a 20% soft match requirement for this grant. The EFD will utilize its own facility, equipment and personnel time to meet this match requirement. If there are any out-of-pocket expenses for this class or we are unable to get the total amount requested of $8,000, that will be paid for out of the 2006 Eagan Fire Training Department budget. 33 Agenda Information Memo December 5, 2005 H. APPROVE CHANGE IN MANAGEMENT ON THE ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE AT DAVANNI'S,1960 CLIFF ROAD ACTION TO BE CONSIDERED: To approve a change in management on the on-sale 3.2 percent malt liquor license at Davanni's, 1960 Cliff Road. FACTS: ➢ A change in management has occurred at the above referenced location. The new manager of Davanni's, Jill Nothwehr, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): Agenda Information Memo December 5, 2005 1. APPROVE CHANGE IN MANAGEMENT ON THE OFF-SALE LIQUOR LICENSE AND THE OFF-SALE 3.2 PERCENT MALT LIQUOR LICENSE AT SAM'S CLUB, 3035 DENMARK AVENUE ACTION TO BE CONSIDERED: To approve a change in management on the off-sale liquor license and the off-sale 3.2 percent malt liquor license at Sam's Club, 3035 Denmark Avenue. FACTS: ➢ A change in management has occurred at the above referenced location. The new manager of Sam's Club, Andrew Schinka, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): Agenda Information Memo December 5, 2005 J. APPROVE CHANGE IN MANAGEMENT ON THE ON-SALE LIQUOR LICENSE AT GRANITE CITY FOOD & BREWERY, 3330 PILOT KNOB ROAD ACTION TO BE CONSIDERED: To approve a change in management on the on-sale liquor license at Granite City Food & Brewery, 3330 Pilot Knob Road. FACTS: ➢ A change in management has occurred at the above referenced location. The new manager of Granite City Food & Brewery, Jeremy Schulte, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): 36 Agenda Information Memo December 5, 2005 K. APPROVE CHANGE IN MANAGEMENT ON THE ON-SALE LIQUOR LICENSE AT VIVA ITALIA, 1629 LENA COURT ACTION TO BE CONSIDERED: To approve a change in management on the on-sale liquor license at Viva Italia, 1629 Lena Court. FACTS: ➢ A change in management has occurred at the above referenced location. The new manager of Viva Italia, Joseph Kohaut, has completed the necessary forms and paid the appropriate investigation fee. ➢ The Eagan Police Department has conducted an investigation of the new manager and finds no reason for denial. ATTACHMENTS (0): 27 Agenda Information Memo December 5, 2005 L. APPROVE ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE FOR M.CHENG, INC. DBA HONG WONG, 2139 CLIFF ROAD ACTION TO BE CONSIDERED: To approve the on-sale 3.2 percent malt liquor license for M. Cheng, Inc. dba Hong Wong, 2139 Cliff Road. FACTS: ➢ The ownership of the Hong Wong Restaurant has changed. The new owner, Martin Cheng, has applied for an on-sale 3.2 percent malt liquor license with the City of Eagan. ➢ The required documents have been submitted, reviewed and deemed in order by City staff and the Police Department. No reason was found to deny the applicant the on-sale 3.2 percent malt liquor license. ATTACHMENTS (0): Agenda Information Memo December 5, 2005 M. APPROVE 7-1-05 TO 7-1-06 GENERAL INSURANCE RENEWAL ACTION TO BE CONSIDERED: To approve the general insurance renewal for the period 7-1-05 to 7-1-06. FACTS: ➢ The City has received information for the general insurance coverages. The renewal proposed has been assembled through the efforts of Pat Meger of Arthur J. Gallagher & Co., the City's insurance representative. ➢ General insurance coverages include buildings and contents, equipment, automobile, general liability and numerous smaller areas of risk exposure. ➢ Official quotations were not solicited, but other markets have been reviewed through the years. The general conclusion is that there are no providers who can match the League of Minnesota Cities Insurance Trust (LMCIT) for both price and coverages. Consequently, we have only one quote from the LMCIT to present to the City Council for consideration. ➢ The insurance renewal is being presented to Council five months into the renewal period due to LMCIT processing delays. Appropriate coverage was bound and has been maintained during the past five months. ➢ The total premium is up 3.1% from the prior year as shown below. Changes in premiums from the prior year result from a combination of rate changes and experience factors. A detailed explanation of changes prepared by Pat Meger is not included in this packet, but is available upon request from the City Administrator's office. Increase Coverage 2004/2005 200512006 Amount Percent Property $ 103,506 $ 119,149 $ 15,643 15.1% Municipal Liability 202,456 196,083 (6,373) -3.1% Auto Liab & Damage 62,482 67,629 5,147 8.2% Mobile Property 9,914 10945 (1,031) -10.4% Blanket Bond 1,580 2,422 842 53.3% Petrofund 843 794 (49) -5.8% Open Meeting Law 2,761 2,716 (45) -1.6% Primary Auto 2,479 2,548 69 2.8% Reinsurance (Lockheed) 1,862 - (1,862) -100.0% Boiler & Machinery 13,149 13,705 556 4.2% AD&D - Firefighters 2,449 2,187 (262) (0.11) Total premiums $ 403,481 $ 418,178 $ 12,635 3.1% ATTACHMENTS (0) 39 Agenda Information Memo December 5, 2005, Eagan City Council Meeting N. FINAL SUBDIVISION - KENNEALY ADDITION (TOM KENNEALY) ACTIONS TO BE CONSIDERED: To approve a final subdivision to create one lot and one outlot (Kennealy Addition) upon 2.0 acres located at 2115 Silver Bell Road, in the SE 1/4 of Section 18. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The Preliminary Subdivision was approved on April 19, 2005. ➢ All documents and Agreements are anticipated to be signed and in order for execution at the regular meeting of the City Council. ISSUES: None ATTACHMENTS (1): Final Plat, page YL ~o s£^ z - ao - ~ - O 3° a 8e ~ .a° r~ ox E ~ °3 _C~~ 23 W a ~ ~ I a oa~tlz 4~ - .4 oFa _ u a o el ~ e S F Z I wnww'ww rauwar Tue a3nu i° wy w•«--~ I I ~ = ~ 'tea. °'a. Cx° S£'ZLZ WdON I I c3 1 O o R _ O - sg to sag ~ ^8 - uxa J I j a- . i 3 3 I (U W I s~ eg °a I ca I E I E ' Z I w I s--- i'a ey - CC i t w I SOS E E- Z P< - - a Id 3 a N I ~ C~ a I x I 1 „W _ ^ .5 Nino W o c~ m 8 \ I m I .digW Sxua~c w! Y..x-. I lhti ' ~ ~ I ?r I I H1aON al x: .mrm.. ja OVOU = SIHO13H JNlli3H mm ~ e ~ I xaurow sip vna3w✓~« i° w3 -J ~ a a ~ ~ - a$ s$ S" I --~F-- N Agenda Information Memo December 5, 2005 Eagan City Council Meeting 0. CHANGE ORDER #2, CONTRACT 04-10, COACHMAN WATER TREATMENT PLANT (LANDSCAPING) ACTION TO BE CONSIDERED: Approve Change Order #2, Contract 04-10 (Coachman Water Treatment Plant - Landscaping), and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 04-10 provided for the landscaping and irrigation improvements related to the expansion of the Coachman Rd. Water Treatment Plant. • Change Order #2 consists of the following 5 parts: o Part 1: Remobilization costs due to delay caused by the retaining wall subcontractor under Cont. 03-09, which has been reduced a like amount. (ADD $750) o Part 2: Cut down and remove 2-15' ash trees near the Northern Natural Gas pressure station to accommodate a new transformer. (ADD $225) o Part 3: Cut down and remove 2-30' diseased spruce trees in the front area of the Water Treatment Plant. (ADD $375) o Part 4: Install 5CY or large river rock in the patio area to control erosion (ADD $675) o Part 5: Install 4CY of 1'/z" river rock in the patio area to control erosion (ADD $340) • The total amount of this change Order results in an ADD of $2,365 (+1% of original contract amount ($232,394.11). The total of this change order when combined with C.O. #1 results in a total net DEDUCT of $52,681 (-22.7%). All costs associated with this change order have been reviewed and approved by the consultant and Public Works Staff and are being presented to the Council for favorable consideration. Agenda Information Memo December 5, 2005, Eagan City Council Meeting P. APPROVE COMMENTS TO THE CITY OF ROSEMOUNT REGARDING THE COMPREHENSIVE GUIDE PLAN AMENDMENT FOR COUNTY ROAD 42 AND US 52 LAND USE AREA ACTION TO BE CONSIDERED: To approve comments to the City of Rosemount regarding the Comprehensive Guide Plan Amendment for County Road 42 And Us 52 Land Use Area. FACTS: ➢ The City of Rosemount has distributed notice of a Comprehensive Guide Plan Amendment to reguide and extend the MUSA line for a 1,092 acre area on County Road 42 between downtown Rosemount and Hwy 52 for a variety of commercial and industrial uses. Adjacent municipalities and affected agencies may comment on such amendments. ➢ While the property is not directly adjacent to the City of Eagan, staff is recommending that the City Council authorize the submission of the following comment on the City's behalf: The City of Eagan is recognizes that pressure for development will result in continued development in the City of Rosemount and other communities to the south and east of Eagan. The City is concerned about the traffic impacts of continued development that will affect Hwy 3, Hwy 52 and Hwy 55 and believes that there is a need for the cities, Dakota County, the region and the state to cooperatively address the need for transportation improvements in this part of the County and region between County Road 42 and I-494. ATTACHMENTS: Rosemount Comprehensive Plan Amendment available upon request. q3 Agenda Information Memo December 5, 2005 Eagan City Council Meeting 0. LEASE AMENDMENTS - VERIZON WIRELESS CELLULAR ANTENNAE ACTION TO BE CONSIDERED: Approve the amendments to the current lease agreements with Verizon Wireless for the antennae facilities located on the Safari and Lexington Reservoirs and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Verizon Wireless has acquired the leases for the existing cellular antennae facilities located on the Safari and Lexington reservoirs. The pre-existing leases required the lessee to replace/upgrade 20 existing City cell phones every 5 years for the Safari lease and 10 phones every 5 years for the Lexington lease as originally negotiated with the original lessee, U.S. West in 1990 and 1993 respectively. • While this provision was beneficial during the early years of the new emerging cellular phone industry, it is no longer advantageous in relation to the amount of administration it took to monitor and coordinate the change out of phones every 5 years. • Verizon Wireless has requested the City to amend the leases to remove this phone replacement condition. The City has negotiated a buyout for a one-time fee of $5,500. • This amendment has been reviewed by the City Attorney's office and the City's Sr. Management team and determined it to be in order for favorable consideration by the Council. 4Y Agenda Information Memo December 5, 2005 Eagan City Council Meeting R. CONTRACT 04-04, LEXINGTON AVENUE, TH 55 - LONE OAK ROAD STREET & TRAIL IMPROVEMENTS ACTION TO BE CONSIDERED: Approve the final payment for Contract 04-04 (Lexington Avenue, Lone Oak Road to TH 55 - Street & Trail Improvements) in the amount of $69,880.26 to Max Steininger, Inc., and accept the improvements for perpetual City maintenance subject to warranty provisions. FACTS: • Contract 04-04 provided for the reconfiguration of the TH 55/Lexington Ave/Blue Gentian Road intersection in addition to the rehabilitation of Lexington Avenue (County State Aid Highway 43) between TH 55 and Lone Oak Road, as authorized by the City Council under City Projects 859and 877, respectively. • These improvements have been completed, inspected by representatives of the Public Works Department, and found to be in order for favorable Council action of final payment and acceptance for perpetual maintenance subject to warranty provisions. ~r Agenda Information Memo December 5, 2005 Eagan City Council Meeting S. CONTRACT 03-09, COACHMAN WATER TREATMENT PLANT (CHANGE ORDER #14 AND FINAL PAYMENT) ACTION TO BE CONSIDERED: Approve Change Order #14 and Final Pay request ($87,901) for Contract 03-09 (Water Treatment Plant Expansion) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 03-09 provides for the expansion and renovation of the existing north Water Treatment Plant located on Coachman Rd. This contract was awarded in July of 2003 and the construction has been certified as complete except for minor punch list and warranty items. The Security Retainage Agreement will be not be released until this work has been accepted. • This final change order has been prepared to address all unresolved issues that arose during the progress of this contract. Many of these items have been negotiated in an effort to close out this contract. Change Order #14 subsequently consists of the following items: o Part 1: Delete transom light at main entry door and replace with standard wall section. (ADD $254) o Part 2: Provide gypsum board covering, framing, and finishing for fire draft curtains at the lower elevator lobby area. . (ADD $470) o Part 3: Provide gypsum board covering, framing, and finishing at various window jambs. (ADD $650) o Part 4: Provide gypsum board covering, framing, and finishing around the main entry doorjamb. (ADD $223) o Part 5: Various changes had to be made to incorporate structural blocking behind the roof control joints. (ADD $3,395) o Part 6: Install smoke detectors, wiring and control board modifications to meet code requirements (ADD $1,999) o Part 7: Provide conduit for the effluent chlorine equipment (ADD $516) o Part 8: Excavate, remove and dispose of buried stumps and logs discovered in 81" Street (ADD $3,247) o Part 9: Increase width of existing entrance drive to Central Maintenance Facility (ADD $2,425) o Part 10: Replace existing worn valves at Well #2 (ADD $1,200) • The net total of this change order is an ADD of $14,919 (0.06%) to the original contract amount ($14,620,958). If approved, the total of Change Orders 1-14 will be $708,022.02 (4.8%). This compares to a 10% contingency contained in the feasibility report's preliminary cost estimate of $17,400,000 and a 5% contingency used upon receipt of bids. All work and costs associated with this change order have been reviewed by the consultant and Public Works Dept. and found to be in order for favorable Council consideration. Agenda Information Memo December 5, 2005 Eagan City Council Meeting T. RELEASE OF TAX FORFEIT PARCEL (10-02900-020-05) ACTION TO BE CONSIDERED: Recommend to the County Board the private sale of tax forfeit property (parcel 10-02900-020-05) subject to its combination with the adjacent parcel through the city's lot combination application process and subsequent compliance with all related zoning codes. FACTS: • During the Fall of 1997, the City was informed of a tax forfeit parcel located south of Diffley Rd between Blackhawk Rd and 35E. After reviewing various potential needs, it was determined that there was no local public need. Similarly, the County determined that they had no public need as well. • Since the County will not allow any access to Diffley Rd. (Co. Rd. 30), the parcel is essentially landlocked and remains tax forfeit. The County would like to approach the adjacent landowner to purchase it with the condition that this parcel be combined with the purchaser's own adjacent land with access to Blackhawk Rd. • Before this sale can be negotiated, State Statutes (SS 282.01 subd 7a) allow the City to recommend to the County Board conditions of the private sale. The ultimate result is to get this parcel back on the tax rolls. ATTACHMENTS: • Location map, page ~O City of EAGAN El V LeoenJ -4. m i a ~~~Ijj'jT99~~ ,l Rf:ti 114(1 O 'f~Ellt?•3 ~'a y}am,' L[! k Q q •SOUTh(pQr4TE TER• _ h w v F Q ~ ^4r CT yr y ~C ~'Y' 3 X J+ Q Q a TWA ~O Re n Lu rc u u LIJ U 1 2 W J y t jor PID: 100290002005 r ~ EAGAN, MN Agenda Memo December 5, 2005 City Council Meeting CONSENT AGENDA U. AUTHORIZE Eagan Community Center to implement a program to allow personal training off-site. ACTION TO BE CONSIDERED: To authorize Eagan Community Center staff to begin offering personal training and fitness services outside the Community Center. FACTS: ■ Personal training has become a rapidly growing amenity to the community center's fitness facility and represents a growing revenue source. ■ In addition, the combination of fitness classes being offered have now filled the niche that the facility was looking for. ■ Interest in offering these services outside the community center has been growing over the past year so staff researched ways in which this might become a viable alternative outside the facility but within the community. ■ Review has been completed by the city attorney along with insurance liability issues to provide the foundation for this potential opportunity. ■ Services would be offered only within the City of Eagan to corporations, groups, senior housing complexes, etc. ■ The interest and growth in health and wellness provides the perfect opportunity to highlight the expanding options available to the community at the ECC. ■ Group fitness would include the following parameters: ■ Contract would be negotiated between ECC and the interested party for a set price. ■ A maximum number of participants would be set to ensure safety. ■ Instructor(s) would bring music source with them but participants would be responsible for providing appropriate space and mats. ■ Instructor would be paid their ECC hourly wage and round trip mileage. V / ■ Personal training would include the following parameters: ■ Service would be named "Fitness-to-Go" or "Training-on-Wheels" to differentiate the service. ■ Service will only be offered to Eagan residents or corporations and will occur only within City of Eagan boundaries. ■ This service, along with policies, will be modeled similarly to home health care nurses. ■ The fee of $75 per person fora one hour session will be a set fee; no package options available at this time. ■ A required one hour session ($46.50-2006 fees), which will include consultation with the trainer, review of health history, review and signing of contract(s) and completion of a fitness assessment will be completed prior to any off-site visits. ■ Trainers and clients will be matched by gender. There will be no cross gender training. ■ Trainer will be paid their ECC hourly wage and round trip mileage. ■ Each trainer will have an equipment kit to include therabands, medicine balls, light dumbbells, balance discs, etc. and will encourage clients to invest in their own equipment to promote exercise outside of the training sessions. ATTACHMENTS: None ~V Agenda Memo December 5, 2005 City Council Meeting CONSENT AGENDA V. APPROVE catering options to accommodate religious/ethnic requests and/or smaller sized groups. ACTION TO BE CONSIDERED: To approve the flexibility of ECC staff to provide alternatives to renters to accommodate religious/ethnic requests and/or smaller sized groups. FACTS: ■ When ECC opened, the Council authorized the use of up to 3 licensed caterers and one liquor provider. ■ Initially two caterers were identified to allow staff the opportunity to see what specialized needs were not being met. ■ Through the first three years of operation there have been two very distinct areas that have surfaced: 1. Food requests to meet ethnic/reli ion us requirements or desires. ■ In the past, special ethnic or religious requests have at times not been able to be met by the current approved caterers. ■ Caterers responding to the current RFP have been made aware that there are some requests for specialized menus so that they will be prepared to respond appropriately to as many of those requests as possible. ■ When the new caterers are identified for 2006-2009, there may still be some menu requests that they will not be able to accommodate. ■ To offer the most options to renters, staff is seeking the flexibility to work with the concept of alternate caterer(s) to address ethnic or religious needs. ~'S- / 2. Food requests for small groups ■ The initial caterers were increasingly challenged to provide affordable options to groups of 30 or less. This became an issue when smaller meeting groups wanted to schedule at ECC but found that the food options were not within their budget. ■ To address this issue the Council authorized the use of "To Go Services", which provides meal options from several Eagan restaurants, specifically for small groups. Both currently approved caterers agreed that this would also be a better option for them. By using one service source ECC was able to generate revenue from these sales, much like the other caterer revenue. ■ The City is currently in the process of reviewing RFP responses from caterers, in which they are aware that groups of 30 or less will also have other options to choose from. ■ To again offer the most options to renters, staff is seeking the flexibility to work with willing City of Eagan businesses that can fill the niche of affordable options for small groups. ■ Proposed overview and criteria for both alternatives is included for Council review and consideration. ■ Proposals have been received from several food and beverage caterers for the overall 2006- 2009 banquet meeting contract. Following further review and reference checks, staff will provide the Council with an overview of respondents so that they can decide which caterers will be awarded contracts. It is expected that this will come to the Council in January to enable the selected caterers to be in place by March 1, 2006. ATTACHMENTS: • Overview and criteria for alternate caterers at the ECC, Page • Overview and criteria for 30 and under food vendors at ECC, Page V Overview and Criteria for 30 and Under Food Vendors at the Community Center. 1. Vendor must be willing to enter into an agreement with the ECC that includes a ten percent referral fee paid to ECC for each event. 2. Must be an Eagan based business. 3. Vendor must be able to deliver the items to the ECC in a timely manner that is prearranged with the customer. 4. Vendor will name one primary contact person to deal with any issues that arise at the ECC. 5. Vendor staff will check in with ECC staff upon arrival. 6. These vendors must provide ECC and the City with copies of insurance policies. 7. Payments will be made monthly, on the same time table as the contracted caterers. 8. Vendor must be willing to provide a variety of affordable items for smaller ECC rental groups. 9. Each vendor should have flexibility in event scheduling; with availability daytime, evenings and weekends. 10. These vendors will be chosen based on their ability to fill a niche that the contracted caterers can not or do not want to fill. 11. These vendors will NOT have access to or usage of the ECC kitchen facilities. No storage will be provided. 12. ECC staff would maintain a level of discretion and flexibility to best meet the needs of customers, ECC staff and facilities and the contracted caterers. 13. Vendors will be required to abide by all ECC policies and procedures, including delivery and parking restrictions. 14. Small group vendors will be responsible for providing disposable serving items for their events. Overview and Criteria for Alternate Caterers at the Community Center. 1. For a customer to use a caterer other than our two contracted caterers; there must be a legitimate religious or ethnic need that the contracted caterers are unable to meet. 2. The customer must first meet with the two contracted caterers to discuss possible options and menu choices. 3. To use a caterer other than the contracted caterers, the customer must obtain a signed consent form from the representatives of both contracted caterers stating that they are unable to provide what the customer needs, or anything comparable. 4. Only licensed and insured alternate caterers will be allowed to bring food into the ECC. These caterers must furnish the ECC with a copy of current catering license and a copy of insurance policy, naming the City and ECC as additional insured. 5. The alternate caterer will pay to the ECC a gross percentage equal to what the contracted caterers pay, with a $500 minimum. The $500 is due no less than two weeks before the event, with the balance to be paid)no more than two weeks after the event. 6. ECC will obtain a damage deposit from the caterer in the amount of $1,000.00. This money will be held for the duration of the event and will be returned after final payment has been made. Any unpaid revenue, clean-up charges, or damages will be taken out of the payment before it is returned. The caterer will also be responsible for any damages that exceed the damage deposit amount. 7. ECC staff would maintain a level of discretion and flexibility to best meet the needs of customers, ECC staff and facilities and the contracted caterers. 8. Alternate caterer will be required to abide by all ECC policies and procedures, including delivery and parking restrictions. Agenda Information Memo December 5, 2005 Eagan City Council Meeting PUBLIC HEARINGS A. Proposed Budget and Property Tax Levy for 2006 - Truth-In-Taxation Hearing ACTIONS TO BE CONSIDERED: 1) To close the public hearing and set the 2006 General levy and General Fund budget considerations for the December 20, 2005 City Council meeting. 2) To close the public hearing and set the 2006 Cedarvale Special Services District levy and budget considerations for the December 20, 2005 City Council meeting. FACTS: • Generally, the State requires cities over 2,500 in population to hold a Truth-in- Taxation public hearing on their proposed budget and tax levy for next year. • This year, because the City's levy is lower than the inflation factor established by the State, Eagan is exempt from holding a Truth-in-Taxation hearing. The Council earlier indicated it wanted to proceed with the hearing nevertheless. • Parcel specific notices were mailed by the County to Eagan residents in mid- November. • A notice of this hearing was published in the Eagan This Week newspaper. It invited property owners to attend this hearing and/or send written comments. • Hearings for both the general levy and the Cedarvale Special Services District (SSD) levy are to be conducted. • All Cedarvale SSD property owners were invited to a meeting conducted by Staff on November 30 to discuss the current year's levy and potential changes in future years. • If the City Council wishes to conduct a continuation hearing, such a hearing would be held December 12. • The City's final levy and budget will be adopted at the December 20 regular City Council meeting. • The City Administrator will make a PowerPoint presentation. ATTACHMENTS: • Enclosed without page number is a 2006 General Fund Budget and Property Tax Levy handout that will a made available to all in attendance at the public hearing • Enclosed on pages .s through is a notice sent to property owners in the Cedarvale SSD. • Enclosed on pages `:r Vthrough are materials presented at the Cedarvale SSD meeting. Cedarvale Special Service District: 2006 and Beyond Meeting For Property Owners/Businesses Date: Wednesday, November 30, 2005 Time: 7:30-8:30 a.m. Location: McDonald's at 1995 Silver Bell Road Agenda: 1. Introductions 2. Overview of Special Service District 3. Historical service level 4. Changes in 2006 service level 5. Expectations for 2006 and beyond 6. Questions and answers 7. Cedar Grove Redevelopment District Update Questions: Call Jon Hohenstein, Community Development Director at (651)-675-5653 Background and Purpose of the District In response to a petition from property owners in the Cedarvale area, the Cedarvale Special Service District was established by the Eagan City Council in 1994. The District was created to assist with the promotion of the trade and shopping area through providing special services above and beyond the normal level of service provided by the City. Current services include: • Maintenance and insurance of the Cedarvale area sign • Additional mowing of public properly Annual Budget and Assessment Process Each year the Cedarvale Special Service District budget is reviewed and an updated budget is proposed to the City Council as a part of its annual City Budget consideration. All property owners are notified and a public hearing is held regarding the Special Service District levy and budget. As noted in the enclosed notice, the public hearing for the 2006 Special Service District Budget is on December 5, 2005. All interested persons will be given an opportunity to be heard at the hearing regarding the proposed levy and budget. Once the budget is adopted by the City, the cost of the approved services is spread out over all property owners within the District based on the net tax capacity of each property. Three factors determine each property owner's actual cost every year: 1) the value of your property; 2) the total value of all properties in the District; 3) the actual budget adopted for the District. The assessed amount will be collected on the property tax bill for your property. Future Expectations As additional public improvements have been made in the area, costs of maintaining those improvements are increasing. While the City is able to keep the 2006 Special Service District assessment at a level comparable to previous years, the additional maintenance will require higher assessments in the future. City staff would like an opportunity to go over future expectations with all property owners. Therefore, in addition to the public hearing held annually as a part of the budget process, another meeting is being held on November 30, 2005 to go over the 2006 proposed budget and potential changes for future years. An update on current status of core area redevelopment activities will also be presented. Specific information and agenda pertaining to the meeting is above. S6 41kl~ City of Ema To: CEDARVALE SPECIAL SERVICE DISTRICT MEMBERS From: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR Date: NOVEMBER 21, 2005 Subject: CORRECTION OF DATE: MONDAY, DECEMBER 5, 2005. PUBLIC HEARING NOTICE-2006 SPECIAL SERVICE DISTRICT BUDGET The purpose of this memo is to inform you that a public hearing regarding the Cedarvale Special Service District Proposed 2006 Budget will be held MONDAY, December 5, 2005. The hearing will take place at 6:30 p.m. during the City Council Meeting in the City Council Chambers at 3830 Pilot Knob Road. The City is recommending that the 2006 service charge of $3,000 be imposed as compared to the 2005 service charge of $2,000 and that the budgeted expenditures be $9,439 as compared to the 2005 expenditures budget of $4,900. The proposed budget will continue to cover maintenance and insurance for the Cedarvale area sign as well as additional mowing, fertilizing and weed control of the public property. The budgeted expenditures are an estimate of the annual cost of operating and maintaining the improvements. Below is a summary of historical budgets and the 2006 budget for the Special Service District: 2003 2004 2005 2006 Actual Actual Budget Budget Fund Balance, Beginning of Year $12,567 $11,076 $8,748 $6,148 Revenues: Special Services District Taxes $2,312 $2,088 $2,000 $3,000 Interest on Investments $253 $130 $300 $300 Total Revenues $2,565 $2,218 $2,300 $3,300 Expenditures: Mowing $3,158 $3,066 $3,300 $6,444 Sign Maintenance $898 $980 $1,100 $1,100 Audit $0 $500 $500 $500 Fertilizer and Weed Control $0 $0 $0 $1,395 Total Expenditures $4,056 $4,546 $4,900 $9,439 Excess of Revenue over Expenditures -$1,491 -$2,328 -$2,600 -$6,139 Fund Balance, End of Year $11,076 $8,748 $6,148 $9 All interested persons will be given an opportunity to be heard at the hearing regarding this proposed service charge. The petition requirements of section 428A.08 of the Minnesota Statutes do not apply to the proposed service charge since this proposal is a subsequent and not the initial proposal for imposition of the service charge. For more information call Jon Hohenstein, Community Development Director at (651) 675-5653. S? 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W U) O a o X co > U O cc r _LO C~D N O S V (n N - J d9 H4 69 E!4 64 ~ CO W U) 4) N U 'D X 0 0 0 Z a) Co 0) Oo 00 o m F- o v ONO - 0) (DD .V o rn 0 y O E Q a) - - - N N CO O U) N y J 69 69 69 69 69 69 N V (0 W _ '0 X N 4) CL (D Ca vI N Q J 6a 609 664 d4 b4 dN4 V ~ V~l > w fA (0 '0 X Co CL CF) U p O~ > N N M~ CD 14, O O N LC O~ 4 O N E U) J E9 E9 69 6a H4 Ga 69 d c CT q> O ' W O 6q 69 O O a) C> J N O O O- a- 0 0 0 0 0 0 0 O O O Q~ (B 00 co X U O In LO 0 0 0 0 O O co In N N N N N N U) 6-% M M I- O E 69 N W U H4 6N4 ea ea C4 ka( C U) O N (Q 00 00 00 00 O O O E oCO (DM000000 0 a- o o o 0 0 0 0 Cl) NN0" >o0O0000 W Wd (a X66966960 64 Agenda Information Memo December 5, 2005 Eagan City Council Meeting B. VARIANCE - EQUAL ACCESS HOMES ACTIONS TO BE CONSIDERED: To approve (OR direct Findings of Fact for Denial) a 15 foot Variance to the front yard setback for a 624 square foot building addition to the existing single family home located at 4329 Livingston Drive in the NE'/4 of Section 26; subject to the conditions in the staff report. To approve (OR direct Findings of Fact for Denial) a 7 foot Variance to the front yard setback for a deck addition to the existing single family home located at 4329 Livingston Drive in the NE %4 of Section 26; subject to the conditions in the staff report. To approve (OR direct Findings of Fact for Denial) a 1% Variance to the 20% lot coverage requirements for a 624 square foot addition to the existing single family home located at 4329 Livingston Drive in the NE'/4 of Section 26; subject to the conditions listed in the staff report. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: The applicant is proposing a 624 square foot addition with a deck to the existing house. The addition is for a bedroom, bathroom and accessible entrance to the main level of the house. The required building setback from public right-of-way is 30 feet; the proposed deck and addition are proposed to be 15 feet from the right-of-way; because of the height of the deck, it can encroach 8 feet into the setback resulting in a 7 foot variance. ➢ Due to the layout of the house the proposed location appears to be the only viable location to add a main floor bedroom and bathroom. ➢ According to the applicant, the property owner needs to add a bedroom and bathroom to the main level of the home to accommodate a recent injury to one of the homeowners. City Policy makers will need to determine if an adequate hardship has been presented and that the factors for considering a variance are applicable. 60 DAY AGENCY ACTION DEADLINE: January 22, 2006 ATTACHMENTS (1): Staff report on pages ~V/through~ PLANNING REPORT CITY OF EAGAN REPORT DATE: November 29, 2005 CASE: 26-VA-11-11-05 APPLICANT: Equal Access Homes HEARING DATE: December 5, 2006 PROPERTY OWNER: Jill Kraus APPLICATION DATE: Nov. 23, 2005 REQUEST: Variance PREPARED BY: Sheila Cartney LOCATION: 4329 Livingston Drive COMPREHENSIVE PLAN: LD, Low Density Residential ZONING: PD, Planned Development SUMMARY OF REQUEST The applicant is requesting approval of Variances to the front yard setback for a building and deck addition and a Variance to the 20% lot coverage requirements for an addition to the existing single family home located at 4329 Livingston Drive in the NE 1/4 of Section 26. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 3, B., 3, states that the Council may approve, approve with conditions or deny a request for a variance. In considering all requests for a variance, City Council shall consider the following factors: a. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have no control. b. The literal interpretation of the provisions of this Code would deprive the applicant property use commonly enjoyed by other properties in the same district under the provisions of this Code. c. That special conditions or circumstances do not result from actions of the applicant. d. That granting of the variance will not confer on the applicant any special privilege that is denied by this Ordinance to owners of other lands, structures or buildings in the same district. Planning Report - Livingston Dr Variance December 5, 2006 Page 2 e. The variance requested is the minimum variance which would alleviate the hardship. f. The variance would not be materially detrimental to the purposes of this Code or to property in the same zone. CODE REQUIREMENTS Section 11.60 Subdivision 5E minimum bulk standards, minimum setback from the public right- of-way is 30 feet and building coverage is 20 percent maximum. The proposed addition is 15 feet from the public right-of-way of Lexington Pointe Parkway and results in a 21% building coverage. Section 11.40 Subdivision 4D(2) Decks, patios, balconies, stoops or other similar features provided they do not extend more than 30 inches above the finished grade and a distance greater than eight feet into a required front yard. BACKGROUND/HISTORY The subject site is part of the Lexington Pointe 4th Planned Development. This development was developed with standard R-1 requirements unless otherwise noted; the subject site was developed with R-1 standards. EXISTING CONDITIONS The subject lot is 13,808 square feet the principal building is 1,886 square feet and the attached garage is 424 square feet; the lot has a building coverage of 16 percent. EVALUATION OF REQUEST The applicant is proposing a 624 square foot addition to the existing house. The subject site is a corner lot and has two public street frontages requiring additional front setbacks that an interior lot would not have. The addition is proposed to be located 15 feet from the public right-of-way and will result in a building coverage of 21 percent; the addition exceeds this requirement by 173 square feet. The code requires a 30 foot structure setback from public right-of-way and 20 percent maximum building coverage. Due to the style and layout of the house, the proposed main floor addition location appears the only viable location for an addition to the main floor. In 2003, a similar request was approved for an addition and deck to 976 Pointe Way the Variance was for the 30 foot setback requirement to Lexington Pointe Parkway, a 24 foot setback was approved. d002- Planning Report - Livingston Dr Variance December 5, 2006 Page 3 APPLICANT'S ESTIMATE OF HARDSHIP According to the applicant, the property owner needs to add a bedroom and bathroom to the main level of the home to accommodate a recent injury of one of the homeowners. The proposed addition is a handicap accessible bedroom, bathroom and entrance. The house is a four-level split design prohibiting the addition to be located to the rear. The Zoning Ordinance defines hardship as a situation where property in question cannot be put to a reasonable use under the conditions allowed by the official controls where the plight of the landowner is due to circumstances unique to this property, not created by the landowner. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under terms of the official controls. The applicant's situation is not self created and appears to be a unique circumstance. Because of the applicants physical circumstances an entry level bedroom and bath is necessary. City Officials shall determine if this situation meets the hardship requirements in order to grant the variance. SUMMARY/CONCLUSION The applicant is proposing a 624 square foot addition to the existing house. The addition is to add a handicap accessible bedroom, bathroom and entrance. The house is a four-level split making the proposed addition location appear to be the most suitable location to have this main floor addition. ACTION TO BE CONSIDERED To approve a Variance of 15 feet to the 30 foot setback requirement for a 624 square foot addition to the existing house located at 4329 Livingston Drive in the NE '/4 of Section 26; subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The exterior materials of the addition shall match those of the principal structure. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. 5. The variance shall only apply to the 624 square foot addition. To approve a 22 foot Variance to the front yard setback for a deck addition to the existing house located at 4329 Livingston Drive in the NE '/4 of Section 26; subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. o13 Planning Report - Livingston Dr Variance December 5, 2006 Page 4 Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The deck shall be no more than 30 inches in height. 3. A building permit must be obtained prior to construction. To approve a Variance of 1% to the maximum 20% building coverage requirement for a 624 square foot addition to the existing house located at 4329 Livingston Drive in the NE '/4 of Section 26; subject to the following conditions: 1. If within one year after approval, the variance shall not have been completed or utilized, it shall become null and void unless a petition for extension has been granted by the council. Such extension shall be requested in writing at least 30 days before expiration and shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance. 2. The exterior materials of the addition shall match those of the principal structure. 3. The addition shall comply with all other applicable Zoning Ordinance provisions. 4. A building permit must be obtained prior to construction. 5. The variance shall only apply to the 624 square foot addition 6. No other additions or accessory structures shall be allowed. 6~ Jill Kraus 4329 Livingston Drive Eagan MN 55123 Variance Written Narrative Comprehensive Guide Plan Designation: We own our home and have not done any exterior modifications or additions since the construction of the home. In July, my husband was in a terrible accident which has left him paralyzed from the chest down. We need to make our home handicap accessible so that Jay, my husband, can return home. We have a four-level split home that does not have a bathroom or bedroom on the main level. We need to add a 624 square foot addition that includes a bedroom, bathroom, and handicap accessible entrance for Jay. We need another eight feet of use on the side of our house facing north. We are the corner lot so we would not be intruding on our neighbor's property line. Our deck that is currently there is about 14 feet wide, but we would be tearing that down and using the area for part of the addition. on mwa Zoning Classification: Our home is a Single Family Residential (SFR) and that will remain as is. As stated earlier, we need to build an accessible addition with a bedroom and bathroom. Our insurance will only allow Jay to remain at the Courage Center in Golden Valley for three more months, so that is the time line that we are following. We need to start on the excavation and footings as soon as possible due to the weather conditions and then have the addition livable within three months. The existing land use on the subject property is residential and the surrounding land uses and zoning within 600 feet are also residential. RECEIVED 400 25 20 i i Eagan Boundary Location Map - Street Centerline Parcel Area i Building Footprint I 01 - n ' J f,y✓ Gam. ° ubject Site a o c o r 6 :J 6 C3 19 _ ~ P t t O ~ 0 : 1~" ~ ~ 4y . E y 6 D t3 ~ uOr ~ y. I - i a v yw a c> ■ ~ f.J L' ~ - ~1.LL1Y ~'~~~u.. . ~ 8; • J ` s y µ U - c s., a f W 53 ~4z D? cr w ~ w e A IT 1000 0 1000 2100 Feet Development/Developer.. Equal Access Homes Application: Variance Case No.: 26-VA-11-11-05 Map Prepared using ERSI ArcView 7.1. Parcel base map data provided N by Dakota County Office of GIS and is current as of January 2005. THIS MAP IS INTENDED FOR REFERENCE USE ONLY W + E city of eagan The City of Eagan and Dakota County do not guarantee the accuracy of this information and are TII S Community Development Department not responsible for errors or omissions. 90-004 TRI_LAND CO' CERTIFICATE OF SURVEY SURVEYING FOR: SERVICES SONS CONSTRUCTION EAGAN, MINNESOTA 55126 LEGAL DESCRIPTION', LOT I BLOCK I LEXINGTON POINTE 4th ADD. ACCORDING TO THE RECORDED PLAT THEREOF DAKOTA COUNTY, MINNESOTA R h =20.00 w11 ,L=9p° ~P SCALE: 1"=30' 131,42 o G o tl 10 1 ty J{t rA6 RECEIVED 40V 3,0 2(105 1~1 CPO J (1~5 1 ~ Hill Y •I 1 • ~i l ill.; FT 1 i Q o ~~J=re s co at~r°~= ppQ P ~O O 1^ N N Gy NNNNNN V Q ~-J wya e a~O yI( Z NNNNNN F.G gg g cc o a <b 5 3 e Tn-rT CC! ao a~ ~Y 1k. all w» i!i o a~ i •~e TUT _ ----____J!,l.~J-_-__ 53A13XS b~ ryy,V~, ~Zt X1111YA _ HOOKS AOM VOA 3 4 ' 4 C = i3LL' ® iO a~ v a o~ 3 7 ~ z 00 00 ry ~ r n 4.9-77 ~ NNNNNN ~ Y m ~ NNNNNN H t i ii ; > x 7 to Gq O' Z oar -9 q a.~ i 1Q1 l ! p]p]g/~ d!~ 1 s~ e 311 :Ss i i .a.a L f - NL 1 1~~~~ X~ 1 1 Q A-31 g ® 4 a e o ~ LL r Agenda Information Memo December 5, 2005 Eagan City Council Meeting (f , PROJECT 917, COACHMAN ROAD STREET OVERLAY & TRAIL IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 917 (Coachman Road - Street Overlay & Trail Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 917 provided for the bituminous overlay of Coachman Road, from Yankee Doodle Road to 850 feet south, and the construction of a bituminous trail along the west side of Coachman Road from Yankee Doodle Road to 81St Street. • The Final Assessment Roll was presented to the City Council on November 1, 2005, with a public hearing scheduled for December 1 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately equal to the estimated benefit amounts that were presented at the original Public Hearing January 18, 2005. • All notices have been published in the legal papers and sent to all affected property owners (Oak Hills Church and two City properties) informing them of this public hearing. No written objections have been received to date. City staff has been available to address all property owners' questions or concerns and provide any additional information of interest. ATTACHMENTS: • Final Assessment Report, pages~~through~ FINAL ASSESSMENT HEARING PROJECT HEARING DATES NUMBER - 917 ASSESSMENT - December 5, 2005 NAME - Coachman Road (south of Yankee Doodle Rd) IMPROVEMENT- January 18, 2005 Mill and Overlay IMPROVEMENTS INSTALLED AND/OR ASSESSED F.R.=Feasiblity Report FINAL F.R FINAL F.R RATE RATE UNITS RATE RATE UNITS SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Lateral ❑ Service ❑ Lat. Benefit/trunk ❑ Lat. Benefit/trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral E1 Surfacing Public Facility $10.94 11.04 /F_F. ❑ Service ❑ Lat. Benefit/trunk El Trail $50.06 53.92 /F F. ❑ WAC ❑ Concrete Driveway SERVICES STREET LIGHTS ❑ Water & San Sewer ❑ Installation ❑ Energy Charge CONTRACT NO.OF INTEREST AMOUNT CITY NO. PARCELS TERMS RATE ASSESSED FINANCED $39,370 F.R. $64,380 F.R. 05-02 3 5 Year 4.50% $25,903.65 $18,068.95 COMMENTS: MEMO -777 City of Ea an TO: Mayor and City Council FROM: John Gorder, Assistant City Engineer DATE: December 5, 2005 SUBJECT: Final Assessment Roll Project No. 917 Coachman Road (850' South of Yankee Doodle Road) - Street Overlay At the conclusion of the public hearing on January 18, 2005, the City Council ordered Project 917, in accordance with the feasibility report, with modifications to the extent of the trail construction limiting the trail improvements to the west side of Coachman Road, north of 81" Street. Project 917 included the following improvements to be constructed and/or assessed: bituminous mill and overlay, and replacement of curb and gutter on Coachman Road, from Yankee Doodle Road to 850 feet south of Yankee Doodle Road, and the construction of a bituminous trail along the west side of Coachman Road from Yankee Doodle Road to 81" Street. In the feasibility report and as presented at the public hearing, it was proposed to assess the mill and overlay and the trail construction using linear methods. This assessment roll is prepared using the methods presented at the public hearing. Construction of the improvements was accomplished under Contract No. 05-02, which is complete. The assessment hearing is scheduled for December 5, 2005. The following information was used in the preparation of the assessment roll. 1. PROJECT COST The construction cost includes the amount of $28,800.19 paid to the contractor for the construction of the improvements. Other costs which consist of engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling in the amount of $15,172.41 were incurred resulting in an improvement and project cost of $43,972.60. The detail of these other costs is provided on Schedule I and they are allocated to the improvements constructed in order to determine the total cost of each improvement. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COST REPORT Street resurfacing $16,241.89 $8,557.24 $24,799.13 $25,030 Curb and gutter 4,033.00 2,124.14 6,157.14 5,550 Bituminous Trail 8,525.30 4,491.03 13,016.33* 64,170* TOTAL $28,800.19 $15,172.41 $43,972.60 $94,750 * Trail construction reduced by City Council at Public Hearing 1-18-05 11*2-3 2 II. ASSESSMENTS A. TRUNK ASSESSMENTS No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. B. STREET & TRAIL IMPROVEMENTS 1. Street Overlay-Coachman Road (850' south of Yankee Doodle Road) The cost of the street overlay improvement was computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $300.00 $300.00 Mill bituminous surface Sq. Yd. 1,248 .75 936.00 Bituminous mat. for tack coat Gal. 200 1.50 300.00 2350/2360 Wear Course Ton 324.5 36.25 11,763.13 Adjust water valve box Each 5 125.00 625.00 Adjust manhole casting Each 3 350.00 1,050.00 4-inch double solid line L.F. 686 .65 445.90 4-inch solid line L.F. 112 .30 33.60 Traffic control L.S. 1 325.00 325.00 Repair gate valve top section Each 2 260.00 520.00 SUBTOTAL $16,241.89 Other costs @ 52.7% $8,557.24 Total - Street Overlay $24,799.13 2. Computation of Front Footage - Street Overlay There are 3 public facility parcels proposed under this project's assessment. Subsequent to the project public hearing, Oak Hills Church made application to the City to develop two single-family house lots in the southwest corner of their property, Lot 1 Block 1, Oak Hills Church Addition, in an area covered by drainage & utility easement. This area was considered un-developable at the time of the project public hearing, and not proposed to be assessed. At the time of this report, the City Council had approved the Oak Hills Church Comprehensive Guide Plan Amendment necessary to develop these two lots. Therefore, it is proposed to decrease the unassessable front footage on the project by the length of two standard single-family home lots, or 170 feet, and assess Oak Hills Church that length. The assessable length of Oak Hills Church property increased from 274 feet to The front footage was computed as follows: Property Class - Public Facility Front Footage 1,700 Total 522 Non-assessable (Right-of-way or Pond Easement) Assessable Frontage 1,178 Net 3 3. Public Facility Property Assessment Rate The improvement cost for the public facility property classification was computed using: TOTAL IMPROVEMENT ASSESSABLE COST UNITS IMPROVEMENT RATE $16,241.89 8,557.24 $24,799.13 1,700 F.F. $14.59/F.F. IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $14.59/F.F. X 75% $10.94/F.F. 4. Bituminous Trail An 8-foot wide bituminous trail was constructed at a cost of $8,525.30. Other costs in the amount of $4,491.03 were allocated resulting in an improvement cost of $13,016.33. According to the feasibility report this improvement is to 100% assessed to adjacent properties, in this case Lot 1, Block 2 Central Maintenance Addition (260 F.F. City property). The assessment rate was computed using the following: IMPROVEMENT ASSESSABLE IMPROVEMENT COST BASIS RATE $13,016.33 260 F.F. $50.06/F.F. IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE $50.06/F.F. X 100% $50.06/F.F. 5. Curb and Gutter replacement The construction cost to replace damaged curb and gutter amounted to $4,033.00. Other costs, in the amount of $2,124.14, were allocated resulting in a replacement cost of $6,157.14. This improvement will be financed by the City's Major Street Fund. C. ASSESSMENT SPREAD The special assessments are spread to the abutting and adjacent parcels. D. ASSESSMENT TERMS The assessments for this project have a term of 5 years with interest charged at an annual interest rate of 4.50 % on the unpaid balance. llvl~ III. CITY REVENUES/ (RESPONSIBILITIES) IMPROVEMENT CITY'S IMPROVEMENT COST ASSESSMENT (RESPONSIBILITY) Streets Resurfacing $24,799.13 $12,887.32 ($11,911.81) Curb Replacement 6,157.14 (6,157.14) Bituminous Trail 13,016.33 13,015.60 ($0.73) TOTAL $43,972.60 $25,902.92 ($18,069.68) The following funds will provide financing for the listed improvements. Major Street Fund $18,069.68 ohn Gorder Reviewed Reviewed \ Public Works Dep nt Finance Tpartment j t-30 -0s I ~ ,O~ Dated Dated C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I 5 Combined Assessment Roll SA NBR 10P917 PID ADDITION NAME Street Trail Proposed Estimated Overlay Improvements Assessment Assessment Variance 10-16938-010-01 CENTRAL MAINTENANCE AD $5,185.56 $0.00 $5,185.56 $5,230.00 $44.44 10-16938-010-02 CENTRAL MAINTENANCE AD $2,844.40 $13,015.60 $15,860.00 $16,890.00 $1,030.00 10-53590-010-01 OAK HILLS CHURCH $4,857.36 $0.00 $4,857.36 $17,250.00 $12,392.64 Summary for 'SA_NBR' = 1OP917 (3 detail records) Sum $12,887.32 $13,015.60 $25,902.92 $39,370.00 $13,467.08 Thursday, December 01, 2005 Page 1 of I N ► F YANKEE DOODLE ROAD W E - - - S 86' Non-Assessable <~,I "r86' Non-Assessable NO SCALE i dot glockurch Oak Hills church LL. i O CD 274 F.F ° cfl r N Proposed 8' r Q o Bit. Trail t\ 0 # 1570 81 st STREET " ~ Q Lot 1, lance Addifion - ! - - g'ock Mainten / o ca tray Cen WATER ❑ U~i a TREATMENT I - - - - v. o N o FACIL ITY Q M ry~gtigoF # 3419 _ I FMS U POND CP-1 I ~ 1 ~ 170 F.F. i Z J = ~ U ~ G:Feosibility Reports 2005\Proj917\Streetlmprov 11-30-OS Coach d ( South of Yankee Doodle Road ) City of Eap A a Assessment Map Fig. 2 Engineering Department / City Project 917 Agenda Information Memo December 5, 2005, Eagan City Council Meeting D. PROJECT 926, SADDLEHORN/ SUNSET/ NORTHVIEW MEADOWS ADDITIONS STREET REVITALIZATION ACTION TO BE CONSIDERED: Approve Project 926 (Saddlehorn/ Sunset/ Northview Meadows Additions - Street Revitalization) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past sixteen years, the City has rehabilitated approximately 77 miles of local streets. • The resurfacing of the streets within the Saddlehorn/ Sunset/ Northview Meadows Additions neighborhood has been programmed for 2006 in the City's 5-Year Capital Improvement Program. In September, 2004, advanced notices of this pending capital improvement were sent to all affected property owners. • On June 7, 2005, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the rehabilitation of the streets within the Saddlehorn/ Sunset/ Northview Meadows Additions area, located east of Lexington Avenue and south of Diffley Road. • On November 1, 2005, the feasibility report for Project 926 was presented to the City Council and a Public Hearing was scheduled for December 5 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 1 in the City Hall Eagan Room for the adjacent property owners and representatives to discuss the proposed improvements. Of the 330 total residential properties proposed to be assessed under this improvement, 7 persons representing 6 properties 2%) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages Wthrough • Neighborhood Meeting Minutes, paged city of Ea an Report for Saddlehorn/ Sunset/ Northview Meadows Additions Neighborhood Street Revitalization City Project No. 926 J ' N<~~~,~o.!~~i?5„~~'4+. .~'rt Y.~~~,~..,~3ri.3T~`'~~E~r'~xY.-w•a '~,}~'''~z' t ~ 'r? _ ,.gam 'K+~~'a~~ ~ fix'~.'{P, u ,f;;~ : r,,t• 'fit n Eagan, Minnesota December, 2005 0V /AhL 'Ir City of Eapn December 1, 2005 Pat Geagan MAYOR Honorable Mayor and City Council City of Eagan Peggy Carlson 3830 Pilot Knob Road Cyndee Fields Eagan, MN 55122 Mike Maguire Re: Saddlehorn/ Sunset/ Northview Meadows Additions Street Revitalization Meg Tilley City Project No. 926 COUNCIL MEMBERS Dear Mayor and City Council: Thomas Hedges Attached is our report for the Saddlehorn/ Sunset/ Northview Meadows Additions Street CITY ADMINISTRATOR Revitalization, City Project No. 926. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, i Z'~' MUNICIPAL CENTER 3830 Pilot Knob Road J hn P. Gorder, P.E. Eagan, MN 55122-1810 Assistant City Engineer 651.675.5000 phone 651.675.5012 fax I hereby certify that this report was prepared by me or under my direct supervision 651.454.8535 TDD and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. MAINTENANCE FACILITY 3501 Coachman Point r Eagan, MN 55122 John P. Gorder 651.675.5300 phone Date: f2- ` Reg. No. 22813 651.675.5360 fax 651.454.8535 TDD Reviewed By: Dept. of Publid, orks ' Date: / Z 1-c S www.cityofeagan.com Reviewed Y: Finance Dept. v' Date: - THE LONE OAK TREE The symbol of strength and growth in our community. 71 TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction .......................................................................................................1 Scope 2 Feasibility and Recommendations ..............................................................................3 Street Evaluation 3 Proposed Improvements ..........................................................................................4 Easements/Permits 6 Cost Estimate 6 Assessments 6 Low Density Residential 7 Assessment Financing Options 7 Revenue Source 8 Project Schedule ....................................................................................................8 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - 1 Location Map - 2/ 2A &B Street Improvement/Assessment Area Map - 3 Typical Section - Overlay g~ December 2005 Neighborhood Street Revitalization Saddlehorn/ Sunset/ Northview Meadows Additions Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 3.3 miles of 32' wide local residential streets within the Saddlehorn/ Sunset/ Northview Meadows Additions neighborhood area are identified for street overlay improvements in 2006. Figure 1, located in Appendix C, illustrates the project location. The streets within the neighborhood were constructed from 1979 to 1986, as part of adjacent development. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are mainly in the 20 to 27 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Saddlehorn/ Sunset/ Northview Meadows Additions Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements. The streets in the neighborhood were seal coated various times between 1983 and 1998. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for resurfacing (edge mill and overlay) approximately 3.3 miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Included in this project is replacement of the damaged curb and gutter, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, street signage, and pedestrian ramps. Saddlehorn/ Sunset/ Northview Meadows Additions Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride-ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. By resurfacing all of the streets within the neighborhood at one time, an economy of scale benefit will be realized. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2006 - 2010) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56 - 100 Routine Maintenance/Crack Seal/Seal Coat 36 - 55 Patch/Repair and/or Overlay 0-35 Reconstruct The 2005 PCI rankings for Saddlehorn/ Sunset/ Northview Meadows Additions has a neighborhood weighted average pavement condition rating of 54 which falls in the rankings of the "Patch/Repair and/or Overlay" category. Therefore, with ratings and the age of the streets, Saddlehorn/ Sunset/ Northview Meadows Additions rte-C) ` the 2006 construction season is the optimal time to construct the bituminous overlay on these streets. Proposed Improvements Pavement - The proposed street improvements are shown in Figure 3. The existing street section consists of 3" bituminous pavement supported by 4" to 6" gravel base and granular sub grade material. The existing bituminous ' 4E surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate a 1'/z-inch bituminous overlay. The overlay, combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The combination of patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that t approximately 7% (0.5 miles) of the existing concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced by a new 2' wide roll behind each t- section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity. Saddlehorn/ Sunset/ Northview Meadows Additions (?V04 Signage - All traffic control and street identification signage within the project limits will be replaced due to diminished reflectivity, deteriorated support posts, and the signs or posts no longer meet City and State standards. Sidewalk/ Path Pedestrian Ramps - Recent revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including mill & overlay improvements. The most common method of providing this detectable warning is through the installation of truncated domes a a minimum of two feet in length across the width of all pedestrian ramps. This project provides for _ the installation of ten truncated - dome pedestrian ramps on the \ - r bituminous paths on local Pik w S' , P S' intersecting streets at Diffley = ti: r:_ . ~r ` J Road and Dodd Road. Example of a truncated dome pedestrian ramp -S Example of a recent street overlay project in Eagan (St. Francis Woods, 2005) Saddlehorn/ Sunset/ Northview Meadows Additions 0` 7 Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2006 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: Local Streets • Edge Mill and Overlay $ 448,970 • Repair Existing Concrete Curb & Gutter $ 161,760 Total Project Cost $610,730 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. City Special Assessment Policy Assessment Ratio Property' City Mill and Overlay • Low Density Residential (R-1,2,3) 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Saddlehorn/ Sunset/ Northview Meadows Additions Low Density Residential Lots (R-1, R-2, R-3) - All residential equivalent properties (330 Total, all single-family) as shown on Figure 2, having direct driveway access on to the streets to be improved are proposed to be assessed, based on the amount of front footage adjacent to the streets within the project. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-1, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $680 per Single Family Lot and is calculated as follows: 1) [$448,970 (Mill & Overlay Cost - Local) x 50%] _ $224,480 [Total Residential Assessment (R-l, 2, 3)] 2) $224,480 (Total Residential Assessment) ~ $680 / lot 330 Single Family Residential Lots Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result based on an estimated 5.5% interest for the assessed amounts: Single Family Residential Lot = $680 Principal Interest Cost Per Year Per Year Per Year First Year $136 $37 $173 Fifth Year $136 $7 $143 Saddlehorn/ Sunset/ Northview Meadows Additions Revenue Source A summary of revenue sources is listed below: Project Cost Property Assessment City Contribution Mill and Overlay $448,970 $224,480 ($224,490) Repair Existing Curb $161,760 -0- ($161,760) Totals $610,730 $224,480 ($386,250) The City's Major Street Fund will finance the estimated project deficit of $386,250 (63% of total). Proiect Schedule Present Feasibility Report to City Council/ Order Public Hearing ........................................................November 1, 2005 Neighborhood Meeting December 1, 2005 Public Hearing December 5, 2005 Approve Plans and Specifications February, 2006 Award Contract March, 2006 Project Completion September 1, 2006 Final Cost Report September, 2006 Final Assessment Hearing...... Fall, 2006 First Payment Due with Property Tax Statement ..................................May 15, 2007 Saddlehorn/ Sunset/ Northview Meadows Additions Appendix A -Street Overlay - City Project No. 926 Preliminary Cost Estimate Saddlehorn/ Sunset/ Northview Meadows Additions I. Bituminous Street Overly Est. Unit Est. Item Unit Q . Price Cost Mobilization L.S. 1 $2,000.00 $2,000 Mill Bituminous Pavement S.Y. 25,000 $1.15 $28,750 2350/ 2360 Wear Course Mixture Ton 6,000 $40.00 $240,000 Bituminous Material for Tack Coat Gal. 3,200 $2.00 $6,400 Adjust Valve Box Each 43 $175.00 $7,530 Repair Valve To Section w/ cover Each 15 $275.00 $4,130 Adjust Frame & Ring Casting (Manhole) Each 82 $400.00 $32,800 Traffic Control L.S. 1 $1,000.00 $1,000 Replace Traffic & Street Signs L.S. 1 $6,300.00 $6,300 Subtotal $328,910 +5% Contingencies $16,450 Subtotal $345,360 + 30% Indirect Costs $103,610 TOTAL -Mill & Overlay $448,970 II. Repair Existing Concrete Curb & Gutter Est. Unit Est. Item Unit Qty- Price Cost Remove Concrete Curb and Gutter L.F. 2,900 $5.00 $14,500 D412 Concrete Curb and Gutter L.F. 2,750 $20.00 $55,000 B618 Concrete Curb and Gutter L.F. 150 $22.00 $3,300 Concrete Valle Gutter S.Y. 40 $50.00 $2,000 Conc Sidewalk R & R w/ Trunc Domes Each 10 $700.00 $7,000 Adjust Frame & Ring Casting (C.B) Each 35 $300.00 $10,500 Remove & Replace Catch Basin Frame & Ring Cst Each 2 $500.00 $1,000 Sod w/To soil S.Y. 700 $12.00 $8,400 Bituminous Path Patching S.Y. 100 $26.00 $2,600 Bituminous Street Patching Ton 100 $90.00 $9,000 Bituminous Driveway Patching S.Y. 200 $26.00 $5,200 Subtotal $118,500 +5% Contingencies $5,930 Subtotal $124,430 + 30% Indirect Costs $37,330 TOTAL - Curb $161,760 TOTAL PROJECT COST $610,730 Appendix B - City Project No. 926 Preliminary Assessment Roll Saddlehorn / Sunset / Northview Meadows Street Overlay Lot Unit Parcel P.I.N. Equivalent Assessment Total Golden Meadow Addition 731 Golden Meadow Road 10-30590-030-01 1 $680 $680 735 Golden Meadow Road 10-30590-020-01 1 $680 $680 745 Golden Meadow Road 10-30590-010-01 1 $680 $680 Subtotal 3 $2,040 Hae First Addition 720 Hackmore Drive 10-31750-040-01 1 $680 $680 730 Hackmore Drive 10-31750-030-01 1 $680 $680 740 Hackmore Drive 10-31750-020-01 1 $680 $680 746 Hackmore Drive 10-31750-010-01 1 $680 $680 Subtotal 4 $2,720 Kin Addition to Eagan 796 Golden Meadow Road 10-41950-050-01 1 $680 $680 798 Golden Meadow Road 10-41950-040-01 1 $680 $680 800 Golden Meadow Road 10-41950-030-01 1 $680 $680 802 Golden Meadow Road 10-41950-020-01 1 . $680 $680 804 Golden Meadow Road 10-41950-010-01 1 $680 $680 Subtotal 5 $3,400 King Second Addition to Eagan 803 Golden Meadow Road 10-41951-050-01 1 $680 $680 805 Golden Meadow Road 10-41951-040-01 1 $680 $680 807 Golden Meadow Road 10-41951-030-01 1 $680 $680 811 Golden Meadow Road 10-41951-010-01 1 $680 $680 790 Hackmore Road 10-41951-020-01 1 $680 $680 Subtotal 5 $3,400 Laurent First Addition 774 Golden Meadow Road H110-44550-010-01 0-44550-020-01 1 $680 $680 776 Golden Meadow Road 1 $680 $680 Subtotal 2 $1,360 Northview Meadows Addition - Block 1 4201 Braddock Trail 10-52100-010-01 1 $680 $680 4205 Braddock Trail 10-52100-020-01 1 $680 $680 4209 Braddock Trail 10-52100-030-01 1 $680 $680 4213 Braddock Trail 10-52100-040-01 1 $680 $680 93 4217 Braddock Trail 10-52100-050-01 1 $680 $680 4221 Braddock Trail 10-52100-060-01 1 $680 $680 4225 Braddock Trail 10-52100-070-01 1 $680 $680 4229 Braddock Trail 10-52100-080-01 1 $680 $680 4233 Braddock Trail 10-52100-090-01 1 $680 $680 4237 Braddock Trail 10-52100-100-01 1 $680 $680 4241 Braddock Trail 10-52100-110-01 1 $680 $680 4245 Braddock Trail 10-52100-120-01 1 $680 $680 4249 Braddock Trail 10-52100-130-01 1 $680 $680 4253 Braddock Trail 10-52100-140-01 1 $680 $680 4257 Braddock Trail 10-52100-150-01 1 $680 $680 4261 Braddock Trail 10-52100-160-01 1 $680 $680 4265 Braddock Trail 10-52100-170-01 1 $680 $680 4269 Braddock Trail 10-52100-180-01 1 $680 $680 4273 Braddock Trail 10-52100-190-01 1 $680 $680 4277 Braddock Trail 10-52100-200-01 1 $680 $680 4281 Braddock Trail 10-52100-210-01 1 $680 $680 4285 Braddock Trail 10-52100-220-01 1 $680 $680 4289 Braddock Trail 10-52100-230-01 1 $680 $680 Subtotal 23 $15,640 Northview Meadows Addition - Block 2 4210 Braddock Trail 10-52100-010-02 1 $680 $680 4220 Braddock Trail 10-52100-020-02 1 $680 $680 4224 Braddock Trail 10-52100-030-02 1 $680 $680 4228 Braddock Trail 10-52100-040-02 1 $680 $680 4232 Braddock Trail 10-52100-050-02 1 $680 $680 4234 Braddock Trail 10-52100-060-02 1 $680 $680 4236 Braddock Trail 10-52100-070-02 1 $680 $680 4238 Braddock Trail 10-52100-080-02 1 $680 $680 4240 Braddock Trail 10-52100-090-02 1 $680 $680 4244 Braddock Trail 10-52100-100-02 1 $680 $680 4246 Braddock Trail 10-52100-110-02 1 $680 $680 4248 Braddock Trail 10-52100-120-02 1 $680 $680 4252 Braddock Trail 10-52100-130-02 1 $680 $680 4201 Trenton Road 10-52100-360-02 1 $680 $680 4209 Trenton Road 10-52100-350-02 1 $680 $680 4235 Trenton Road 10-52100-310-02 1 $680 $680 4202 Valley Forge Place 10-52100-210-02 1 $680 $680 4203 Valley Forge Place 10-52100-200-02 1 $680 $680 4204 Valley Forge Place 10-52100-220-02 1 $680 $680 4209 Valley Forge Place 10-52100-190-02 1 $680 $680 4210 Valley Forge Place 10-52100-230-02 1 $680 $680 4215 Valley Forge Place 10-52100-180-02 1 $680 $680 4216 Valle Forge Place 10-52100-240-02 1 $680 $680 4223 Valley Forge Place 10-52100-170-02 1 $680 $680 4224 Valley Forge Place 10-52100-250-02 1 $680 $680 4232 Valley Forge Place 10-52100-260-02 1 $680 $680 4233 Valley Forge Place 10-52100-160-02 1 $680 $680 4240 Valley Forge Place 10-52100-270-02 1 $680 $680 4241 Valley Forge Place 10-52100-150-02 1 $680 $680 4248 Valley Forge Place 10-52100-280-02 1 $680 $680 4217 Trenton Road 10-52100-340-02 1 $680 $680 4223 Trenton Road 10-52100-330-02 1 $680 $680 4241 Trenton Road 10-52100-300-02 1 $680 $680 4247 Trenton Road 10-52100-290-02 1 $680 $680 4229 Trenton Road 10-52100-320-02 1 $680 $680 4251 Valley Forge Place 10-52100-140-02 1 $680 $680 Subtotal 36 $24,480 Northview Meadows Addition - Block 3 4202 Trenton Road 10-52100-080-03 1 $680 $680 4210 Trenton Road 10-52100-070-03 1 $680 $680 4218 Trenton Road 10-52100-060-03 1 $680 $680 4224 Trenton Road 10-52100-050-03 1 $680 $680 4230 Trenton Road 10-52100-040-03 1 $680 $680 4236 Trenton Road 10-52100-030-03 1 $680 $680 4242 Trenton Road 10-52100-020-03 1 $680 $680 4248 Trenton Road 10-52100-010-03 1 $680 $680 Subtotal 8 $5,440 Northview Meadows Addition - Block 4 4260 Braddock Trail 10-52100-100-04 1 $680 $680 4264 Braddock Trail 10-52100-090-04 1 $680 $680 4272 Braddock Trail 10-52100-070-04 1 $680 $680 4276 Braddock Trail 10-52100-060-04 1 $680 $680 4268 Braddock Trail 10-52100-080-04 1 $680 $680 4277 Trenton Trail 10-52100-230-04 1 $680 $680 4285 Trenton Trail 10-52100-240-04 1 $680 $680 4289 Trenton Trail 10-52100-250-04 1 $680 $680 4293 Trenton Trail 10-52100-260-04 1 $680 $680 4297 Trenton Trail 10-52100-270-04 1 $680 $680 4301 Trenton Trail 10-52100-280-04 1 $680 $680 4305 Trenton Trail 10-52100-290-04 1 $680 $680 4309 Trenton Trail 10-52100-300-04 1 $680 $680 4313 Trenton Trail 10-52100-310-04 1 $680 $680 4317 Trenton Trail 10-52100-320-04 1 $680 $680 4321 Trenton Trail 10-52100-330-04 1 $680 $680 4325 Trenton Trail 10-52100-340-04 1 $680 $680 4329 Trenton Trail 10-52100-350-04 1 $680 $680 4333 Trenton Trail 10-52100-360-04 1 $680 $680 4337 Trenton Trail 10-52100-370-04 1 $680 $680 ?S- 860 Rogers Court 10-52100-380-04 1 $680 $680 856 Rogers Court 10-52100-390-04 1 $680 $680 850 Rogers Court 10-52100-400-04 1 $680 $680 849 Rogers Court 10-52100-410-04 1 $680 $680 855 Rogers Court 10-52100-420-04 1 $680 $680 859 Rogers Court 10-52100-430-04 1 $680 $680 863 Rogers Court 10-52100-440-04 1 $680 $680 4259 Valley Forge Place 10-52100-110-04 1 $680 $680 4263 Valley Forge Place 10-52100-120-04 1 $680 $680 4267 Valley Forge Place 10-52100-130-04 1 $680 $680 4271 Valley Forge Place 10-52100-140-04 1 $680 $680 4275 Valley Forge Place 10-52100-150-04 1 $680 $680 4278 Valley Forge Place 10-52100-220-04 1 $680 $680 4279 Valley Forge Place 10-52100-160-04 1 $680 $680 4282 Valley Forge Place 10-52100-210-04 1 $680 $680 4283 Valley Forge Place 10-52100-170-04 1 $680 $680 4284 Valley Forge Place 10-52100-200-04 1 $680 $680 4286 Valley Forge Place 10-52100-190-04 1 $680 $680 4287 Valley Forge Place 10-52100-180-04 1 $680 $680 Subtotal 39 $26,520 Northview Meadows Addition - Block 5 4272 Maclaren Place 10-52100-090-05 1 $680 $680 4274 Maclaren Place 10-52100-080-05 1 $680 $680 4276 Maclaren Place 10-52100-070-05 1 $680 $680 4278 Trenton Trail 10-52100-060-05 1 $680 $680 4280 Trenton Trail 10-52100-050-05 1 $680 $680 4284 Trenton Trail 10-52100-040-05 1 $680 $680 4288 Trenton Trail 10-52100-030-05 1 $680 $680 4292 Trenton Trail 10-52100-020-05 1 $680 $680 4296 Trenton Trail 10-52100-010-05 1 $680 $680 4264 Valley Forge Place 10-52100-110-05 1 $680 $680 4258 Valley Forge Place 10-52100-120-05 1 $680 $680 4270 Valley Forge Place 10-52100-100-05 1 $680 $680 812 Yorktown Place 10-52100-170-05 1 $680 $680 816 Yorktown Place 10-52100-160-05 1 $680 $680 820 Yorktown Place 10-52100-150-05 1 $680 $680 824 Yorktown Place 10-52100-140-05 1 $680 $680 830 Yorktown Place 10-52100-130-05 1 $680 $680 Subtotal 17 $11,560 Northview Meadows Addition - Block 6 819 Golden Meadow Road 10-52100-010-06 1 $680 $680 825 Golden Meadow Road 10-52100-020-06 1 $680 $680 4304 Trenton Trail 10-52100-050-06 1 $680 $680 4306 Trenton Trail 10-52100-040-06 1 $680 $680 1 6 43 10 Trenton Trail 10-52100-030-06 1 $680 $680 Subtotal 5 $3,400 Northview Meadows Addition - Block 7 820 Cornwallis Court 10-52100-230-07 1 $680 $680 821 Cornwallis Court 10-52100-070-07 1 $680 $680 824 Cornwallis Court 10-52100-220-07 1 $680 $680 828 Cornwallis Court 10-52100-210-07 1 $680 $680 829 Cornwallis Court 10-52100-080-07 1 $680 $680 832 Cornwallis Court 10-52100-200-07 1 $680 $680 838 Cornwallis Court 10-52100-190-07 1 $680 $680 839 Cornwallis Court 10-52100-090-07 1 $680 $680 846 Cornwallis Court 10-52100-180-07 1 $680 $680 847 Cornwallis Court 10-52100-100-07 1 $680 $680 852 Cornwallis Court 10-52100-170-07 1 $680 $680 853 Cornwallis Court 10-52100-110-07 1 $680 $680 858 Cornwallis Court 10-52100-160-07 1 $680 $680 859 Cornwallis Court 10-52100-120-07 1 $680 $680 864 Cornwallis Court 10-52100-150-07 1 $680 $680 865 Cornwallis Court 10-52100-130-07 1 $680 $680 870 Cornwallis Court 10-52100-140-07 1 $680 $680 4314 Trenton Trail 10-52100-060-07 1 $680 $680 4320 Trenton Trail 10-52100-050-07 1 $680 $680 4324 Trenton Trail 10-52100-040-07 1 $680 $680 4328 Trenton Trail 10-52100-030-07 1 $680 $680 4332 Trenton Trail 10-52100-020-07 1 $680 $680 4336 Trenton Trail 10-52100-010-07 1 $680 $680 Subtotal 23 $15,640 Overview Estates Re plat Addition - Block 1 769 Golden Meadow Road 10-56210-070-01 1 $680 $680 4301 Stirrup Street 10-56210-010-01 1 $680 $680 4311 Stirrup Street 10-56210-020-01 1 $680 $680 4321 Stirrup Street 10-56210-030-01 1 $680 $680 4331 Stirrup Street 10-56210-040-01 1 $680 $680 4341 Stirrup Street 10-56210-050-01 1 $680 $680 4351 Stirrup Street 10-56210-060-01 1 $680 $680 Subtotal 7 $4,760 Overview Estates Re plat Addition - Block 2 4302 Stirrup Street 10-56210-010-02 1 $680 $680 4312 Stirrup Street 10-56210-020-02 1 $680 $680 4322 Stirrup Street 10-56210-030-02 1 $680 $680 4332 Stirrup Street 10-56210-040-02 1 $680 $680 4342 Stirrup Street 10-56210-050-02 1 $680 $680 4352 Stirrup Street 10-56210-060-02 1 $680 $680 "-?e 7 4362 Stirrup Street 10-56210-070-02 1 $680 $680 Subtotal 7 $4,760 Overview Estates Re lat Addition - Block 3 732 Golden Meadow Road 10-56210-070-03 1 $680 $680 738 Golden Meadow Road 10-56210-060-03 1 $680 $680 746 Golden Meadow Road 10-56210-050-03 1 $680 $680 754 Golden Meadow Road 10-56210-040-03 1 $680 $680 760 Golden Meadow Road 10-56210-030-03 1 $680 $680 766 Golden Meadow Road 10-56210-020-03 1 $680 $680 772 Golden Meadow Road 10-56210-010-03 1 $680 $680 Subtotal 7 $4,760 Revision to Northview Meadows 4282 Braddock Trail 10-63400-030-01 1 $680 $680 4286 Braddock Trail 10-63400-020-01 1 $680 $680 4290 Braddock Trail 10-63400-010-01 1 $680 $680 Subtotal 3 $2,040 Saddlehorn Addition - Block 1 4259 Dodd Road 10-65800-020-01 1 $680 $680 735 Lasso Lane 10-65800-030-01 1 $680 $680 745 Lasso Lane 10-65800-040-01 1 $680 $680 755 Lasso Lane 10-65800-050-01 1 $680 $680 765 Lasso Lane 10-65800-060-01 1 $680 $680 4250 Stirrup Street 10-65800-070-01 1 $680 $680 Subtotal 6 $4,080 Saddlehorn Addition - Block 2 4275 Dodd Road 10-65800-010-02 1 $680 $680 4291 Dodd Road 10-65800-030-02 1 $680 $680 733 Hackmore Drive 10-65800-040-02 1 $680 $680 743 Hackmore Drive 10-65800-050-02 1 $680 $680 753 Hackmore Drive 10-65800-060-02 1 $680 $680 763 Hackmore Drive 10-65800-070-02 1 $680 $680 736 Lasso Lane 10-65800-120-02 1 $680 $680 746 Lasso Lane 10-65800-110-02 1 $680 $680 756 Lasso Lane 10-65800-100-02 1 $680 $680 4270 Stirrup Street 10-65800-090-02 1 $680 $680 4280 Stirrup Street 10-65800-080-02 1 $680 $680 Subtotal 11 $7,480 Saddlehorn Addition - Block 3 773 Hackmore Drive 10-65800-060-03 1 $680 $680 4251 Stirru Street 10-65800-010-03 1 $680 $680 4259 Stirrup Street 10-65800-020-03 1 $680 $680 4267 Stirrup Street 10-65800-030-03 1 $680 $680 4275 Stirrup Street 10-65800-040-03 1 $680 $680 4283 Stirrup Street 10-65800-050-03 1 $680 $680 Subtotal 6 $4,080 Sunset 1st Addition - Block 1 4255 Augusta Lane 10-72985-070-01 1 $680 $680 4261 Augusta Lane 10-72985-060-01 1 $680 $680 4267 Augusta Lane 10-72985-050-01 1 $680 $680 4273 Augusta Lane 10-72985-040-01 1 $680 $680 4279 Augusta Lane 10-72985-030-01 1 $680 $680 4285 Augusta Lane 10-72985-020-01 1 $680 $680 4291 Augusta Lane 10-72985-010-01 1 $680 $680 Subtotal 7 $4,760 Sunset 1st Addition - Block 2 4254 Augusta Lane 10-72985-070-02 1 $680 $680 4260 Augusta Lane 10-72985-060-02 1 $680 $680 4266 Augusta Lane 10-72985-050-02 1 $680 $680 4272 Augusta Lane 10-72985-040-02 1 $680 $680 4278 Augusta Lane 10-72985-030-02 1 $680 $680 4284 Augusta Lane 10-72985-020-02 1 $680 $680 4290 Augusta Lane 10-72985-010-02 1 $680 $680 Subtotal 7 $4,760 Sunset 2nd Addition - Block 1 4303 Kirsten Court 10-72986-010-01 1 $680 $680 4304 Kirsten Court 10-72986-120-01 1 $680 $680 4307 Kirsten Court 10-72986-020-01 1 $680 $680 4308 Kirsten Court 10-72986-110-01 1 $680 $680 4311 Kirsten Court 10-72986-030-01 1 $680 $680 4312 Kirsten Court 10-72986-100-01 1 $680 $680 4315 Kirsten Court 10-72986-040-01 1 $680 $680 4316 Kirsten Court 10-72986-090-01 1 $680 $680 4319 Kirsten Court 10-72986-050-01 1 $680 $680 4320 Kirsten Court 10-72986-080-01 1 $680 $680 4324 Kirsten Court 10-72986-070-01 1 S680 $680 4325 Kirsten Court 10-72986-060-01 1 $680 $680 Subtotal 12 $8,160 Sunset 3r Addition - Block 1 4341 Golden Meadow Court 10-72987-040-01 1 $680 $680 4342 Golden Meadow Court 10-72987-030-01 1 $680 $680 4351 Golden Meadow Court 10-72987-050-01 1 $680 $680 4352 Golden Meadow Court 10-72987-020-01 1 $680 $680 4362 Golden Meadow Court 10-72987-010-01 1 $680 $680 779 Golden Meadow Road 10-72987-060-01 1 $680 $680 Subtotal 6 $4,080 Sunset 4` Addition - Block 1 780 Sunset Drive 10-72988-100-01 1 $680 $680 782 Sunset Drive 10-72988-090-01 1 $680 $680 784 Sunset Drive 10-72988-080-01 1 $680 $680 786 Sunset Drive 10-72988-070-01 1 $680 $680 788 Sunset Drive 10-72988-060-01 1 $680 $680 790 Sunset Drive 10-72988-050-01 1 $680 $680 792 Sunset Drive 10-72988-040-01 1 $680 $680 794 Sunset Drive 10-72988-030-01 1 $680 $680 796 Sunset Drive 10-72988-020-01 1 $680 $680 798 Sunset Drive 10-72988-010-01 1 $680 $680 Subtotal 10 $6,800 Sunset 4` Addition - Block 2 799 Sunset Drive 10-72988-010-02 1 $680 $680 789 Sunset Drive 10-72988-060-02 1 $680 $680 785 Sunset Drive 10-72988-070-02 1 $680 $680 781 Sunset Drive 10-72988-080-02 1 $680 $680 775 Sunset Drive 10-72988-100-02 1 $680 $680 777 Sunset Drive 10-72988-090-02 1 $680 $680 791 Sunset Drive 10-72988-050-02 1 $680 $680 793 Sunset Drive 10-72988-040-02 1 $680 $680 795 Sunset Drive 10-72988-030-02 1 $680 $680 797 Sunset Drive 10-72988-020-02 1 $680 $680 774 Yorktown Place 10-72988-110-02 1 $680 $680 778 Yorktown Place 10-72988-120-02 1 $680 $680 782 Yorktown Place 10-72988-130-02 1 $680 $680 786 Yorktown Place 10-72988-140-02 1 $680 $680 790 Yorktown Place 10-72988-150-02 1 $680 $680 794 Yorktown Place 10-72988-160-02 1 $680 $680 Subtotal 16 $10,880 Sunset 4` Addition - Block 3 795 Yorktown Place 10-72988-030-03 1 $680 $680 799 Yorktown Place 10-72988-020-03 1 $680 $680 803 Yorktown Place 10-72988-010-03 1 $680 $680 Subtotal 3 $2,040 Sunset 4` Addition - Block 4 776 Sunset Drive 10-72988-020-04 1 $680 $680 774 Sunset Drive 10-72988-030-04 1 $680 $680 778 Sunset Drive 10-72988-010-04 1 $680 $680 Subtotal 3 $2,040 /0-0 Sunset 6` Addition - Block 1 4228 Yorktown Drive 10-72991-040-01 1 $680 $680 4234 Yorktown Drive 10-72991-030-01 1 $680 $680 4240 Yorktown Drive 10-72991-020-01 1 $680 $680 4246 Yorktown Drive 10-72991-010-01 1 $680 $680 4 $2,720 Subtotal Sunset 6` Addition - Block 2 4231 Yorktown Drive 10-72991-040-02 1 $680 $680 4237 Yorktown Drive 10-72991-030-02 1 $680 $680 4243 Yorktown Drive 10-72991-020-02 1 $680 $680 4249 Yorktown Drive 10-72991-010-02 1 $680 $680 Subtotal 4 $2,720 Sunset 7` Addition - Block 1 759 Yorktown Place 10-72992-020-01 1 $680 $680 765 Yorktown Place 10-72992-010-01 1 $680 $680 Subtotal 2 $1,360 Sunset 9 Addition - Block 1 806 Golden Meadow Road 10-72994-010-01 1 $680 $680 808 Golden Meadow Road 10-72994-020-01 1 $680 $680 810 Golden Meadow Road 10-72994-030-01 1 $680 $680 812 Golden Meadow Road 10-72994-040-01 1 $680 $680 Subtotal 4 $2,720 Sunset 10` Addition - Block 1 4239 Augusta Court 10-72996-023-01 1 $680 $680 4242 Augusta Court 10-72996-030-01 1 $680 $680 10-72996-010-01 $680 $680 4243 Augusta Court 10-72996-022-01 1 4246 Augusta Court 10-72996-040-01 1 $680 $680 4250 Augusta Lane 10-72996-050-01 1 $680 $680 Subtotal 5 $3,400 Sunset IIt Addition - Block 1 4201 Yorktown Drive 10-72997-110-01 1 $680 $680 4207 Yorktown Drive 10-72997-120-01 1 $680 $680 4213 Yorktown Drive 10-72997-130-01 1 $680 $680 4219 Yorktown Drive 10-72997-140-01 1 $680 $680 4222 Yorktown Drive 10-72997-050-01 1 $680 $680 4225 Yorktown Drive 10-72997-050-02 1 $680 $680 4340 Yorktown Drive 10-72997-010-02 1 $680 $680 4341 Yorktown Drive 10-72997-010-01 1 $680 $680 4347 Yorktown Drive 10-72997-020-01 1 $680 $680 4353 Yorktown Drive 10-72997-030-01 1 $680 $680 ~V 4359 Yorktown Drive 10-72997-040-01 1 $680 $680 4365 Yorktown Drive 10-72997-050-01 1 $680 $680 4371 Yorktown Drive 10-72997-060-01 1 $680 $680 4377 Yorktown Drive 10-72997-070-01 l $680 $680 4383 Yorktown Drive 10-72997-080-01 1 $680 $680 4389 Yorktown Drive 10-72997-090-01 1 $680 $680 4395 Yorktown Drive 10-72997-100-01 1 $680 $680 Subtotal 17 $11,560 Sunset 11` Addition - Block 2 4346 Yorktown Drive 10-72997-020-02 1 $680 $680 4352 Yorktown Drive 10-72997-030-02 1 $680 $680 4358 Yorktown Drive 10-72997-040-02 1 $680 $680 4364 Yorktown Drive 10-72997-050-02 1 $680 $680 Subtotal 4 $2,720 Sunset 13` Addition - Block 1 785 Golden Meadow Road 10-72999-040-01 1 $680 $680 787 Golden Meadow Road 10-72999-030-01 1 $680 $680 789 Golden Meadow Road 10-72999-020-01 1 $680 $680 801 Golden Meadow Road 10-72999-010-01 1 $680 $680 Subtotal 4 $29720 T.E.M. Addition - Block 1 794 Golden Meadow Road 10-74950-010-01 1 $680 $680 792 Golden Meadow Road 10-74950-020-01 1 $680 $680 782 Golden Meadow Road 10-74950-030-01 1 $680 $680 Subtotal 3 $2,040 Un latted Pro er 781 Hack-more Drive 10-02500-023-27 1 $680 $680 Subtotal 1 $680 TOTALS Single Family= 330 Total LE = 330 TOTAL = $224,480 Q a WESCOTr ROAD y ~Y `w ELRENE FDW Q Z 0 F- d C7 ~ Y U O J C Opp Nvt(. 3 m 1<1 DIFFLEY ROAD C ~ ss RUN No. w~~NESS Cl) II J } 1' O 3 I~ ~ Project Location Z w 7 CLIFF ROAD ~ l o C i o 0 i i LEBANON HILLS I REGIONAL PARK ROSEMO UNT \l GFeasibility Reports2006\Proj 926 Soddlehorn\Locotion Mop (1-03 10/11/05 Saddlehorn /Sunset / Northview Meadows Fig. 1 Location Map - Project 926 Engineering Department I I i l i i i I ~ ~ I DIFFLEY ROAD 207 439 38 38 4201 4210 Cu N m 4201 4202 ' 4213 TO 220 v 1 Cu v 4203 420 ~YIVN 4205 rL 4204 209 4210 4219 0 Rq O~ a 4209 4209 4240 4210 217 218 ' 790 4225 4222 4364 4213 N N N 421 4216 223 22 4217 v a yL 4237 4244 4231 4223 224 229 4230 4228 4358 . 4241 4246 4233 23 4235 4236 795 4237 4234 4352 T 4245 X24 799 _ 4249 - 241 2404235 4242 803 4243 4240 4346 4253 4252 4251 424B 4247 L48 O K O 249 l 4246 PLACE 4257 4261 } 798 799 -7 1 4260 }8 4261 263 (L ~L 83 8 4 827 81 81 794 790 786 782 77 264 O 4269 4268 267 4264 272 427 4276 796 797 4273 4'c7AlIAC L RE 795 791 789 785 781 4272 271 4277 4278 794 U 4281 4276 427 793 279 4280 792 4285 4278 277 DR, 284 4289 4282 4283 82 4285 790 84 782 4288 4287 4289 788 786 e 4290 4286 ~ 4284 4293 4292 - ~ \ ! 859 4286 ` 4297 429 , 855 • 863 849 4301 4305 K ORE 75~ aso p 4309 06 856 N r~ 860 N.o Ns 4310 - - ON a 4314 81 811 t!X, / 3 4 821\\/ 1 so ~-~~\P \ 822 a 810`- 824 \ 85 5 ~,~-sza B 80 - '\t\ 1 a \ ~ P3 ao a 1 OF~~83 ♦ O~ a70 ;G o0 / 864 858 8 96 SCIAWANZ N , LAKE s W E `✓INGSTON LEGEND s ASSESSMENT AREA NO SCALE STREET IMPROVEMENTS G:Feosibility Reports2006\Proj926 Soddlehorn-Sunset\Streetlmpro Saddleho et / Northview Meadows City of Eap Street Improvements / Assessment Area Fig. 2A Engineering Department Project 926 DIFFLEY ROAD - 4213 207 439 38 38 377 i Y TO N 10 ' 4219 0 4371 365 ~ ■ 228 , 790 4225 4222 4364 0 0 670 fl 230 4231 4228 4358 359 4 4 4239 236 795 4237 4234 4352 =1 1 4353 4243 U 799 4347 - - 4245 •242 803 424N3 4240 4346 r 4246 ' 48 O K " ' O 249 4246P ACE 4341 765 75 4250 r_ ■ ■ ■ ■ 42 798 799 255 25 35 4254 4250 755 745 Fall 794 790 786 782 778 774 774 251 6 796 797 775 4261 4260 259 ` 765 L ~ ^ 1 789 785 781 776 J 25 ■ 795 791 777 4266 278 794 U 4267 267 . 793 778 I ! 4270 L 280 792 27372 275 736 Q 756 746 ! 4 284 DR, 781 4276 4280 790 84 782 4279 egg 788 786 4284 /y ?92 4285 753 k743 733 oft L!~ F29 4291 4290 773 763 u 29~ c-- NJ K ORE 7 D R, 4304 4310 - 4303 4302 746 740 730 720 ' Q 4307 •4308 4311 4312 CL 4312 ! Q 819 4311 5 811 807 4315 4316 1 N 4322 ~I O BOS V O 803 LL O 120 750 4320 331 4332 G' 824 812 4325 4324 ' 4341 J 810 808 606 801 4341-4342 4342 3 804 802 O 789 4351 745 735 731 , 787 785 4352 ' - - 800 4 5 4352 \ 769 4362 R p , 798 96 7 4362 794 O 774 772 738 732, N Z , 792 766 760 754 746 , cC, [~AKE , 776 ♦ LEGEND S ASSESSMENT AREA NO SCALE STREET IMPROVEMENTS G:Peosibility Reports2006\Proj926 Soddlehorn_Sunset\Streetlmprov 11-1 -0 Saddlehorn orthview meadows City of EaMin Street Improvements / Assessment Area Fig. 2a Engineering Department Project 926 60' ROW 32' (F-F) 3" BITUMINOUS SURFACE EX. D412 CURB 6" CL. 5 AGGREGATE BASE & GUTTER Existing Typical Section 60' ROW 32' (F-F) EDGE MILL (6'-8' wide) Typ. 11/2" TYPE 2350/2360 BITUMINOUS OVERLA REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Proposed T yp_i, Section G:FecsibilityReports2005\Scddlehorn_925 \typicol sections r.,~ ) 10-10-05 1~1 p1{{6 Saddlehorn / Sunset / Northview Meadows C~ of E fi~~~~ Fig. 3 Engineering Department Typical Sections - Project 926 CITY PROJECT NO 926 INFORMATIONAL NEIGHBORHOOD MEETING SADDLEHORN/ SUNSET/ NORTHVIEW MEADOWS STREET REVITALIZATION THURSDAY, DECEMBER 1, 2005 6:30 P.M. EAGAN ROOM Attendance: John Gorder, Assistant City Engineer, 7 residents representing 6 properties (see attached sign-in sheet). A. Presentation of Project Details Gorder welcomed the residents and provided project presentation, including details such as construction, costs, schedule and assessments. B. Questions/ Comments • Will the contractor be able to replace our private driveways if we contracted privately with them? The contractors we deal with generally prefer not to do that type of work. They prefer to stay within the public street, but sometime have another contractor they work with closely that may be available to perform that work. The residents are welcome to contact the contractors to discuss this possibility, if they wish. • There is a sight distance issue at the corner of Trenton Trail and Yorkton. Can something be done about it? City staff will investigate and work with the property owner with the obstruction to remove the obstruction, if warranted. • What is the length of construction? It is generally about 1 to 1 1 /2 months from start to completion in a neighborhood. • How is the curb & gutter replacement determined? City staff walks the curb lines, preferably after a rainfall, to determine which portions of curb are to be replaced due to severe cracking or poor drainage. • How is the condition of the street determined? Is this improvement also based on its age? City staff periodically rates the condition of each street. The ratings are based on the amount and severity of cracks, rutting, or detioration of the street. Age of the street also is considered in the decision to propose overlay of a street. The meeting adjourned at 7:00 p.m. G:FR/20061Minutes-926-Saddlehom NEIGHBORHOOD MEETING SADDLE HORN/SUNSET ADDNS/NORTHVIEW MEADOWS PROJECT 926 THURSDAY, DECEMBER 1, 2005, 6:30 P.M. NAME ADDRESS 1 ~ Lid ~ ~ , ~ ~ 2. r; z 't 3. MC r~ t r c Ic~r~ ~"X _ U . 537 5. '"/o/ 6. Ed 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet Agenda Information Memo December 5, 2005, Eagan City Council Meeting E. PROJECT 927, MEADOWLAND/ BEAVER DAM ROAD/ SUN CLIFF ADDITIONS STREET REVITALIZATION ACTION TO BE CONSIDERED: Approve Project 927 (Meadowland/ Beaver Dam Road/ Sun Cliff Additions - Street Revitalization) and authorize the preparation of detailed plans and specifications. FACTS: • Since 1990, the City has implemented a comprehensive Pavement Management Program that provides timely pavement rehabilitation to our local streets, significantly extending their overall life expectancy. During these past sixteen years, the City has rehabilitated approximately 77 miles of local streets. • The resurfacing of the streets within the Meadowland/ Beaver Dam Road/ Sun Cliff Additions neighborhood has been programmed for 2006 in the City's 5-Year Capital Improvement Program. In September, 2004, advanced notices of this pending capital improvement were sent to all affected property owners. • On June 7, 2005, the City Council authorized the preparation of a feasibility report identifying the scope, cost, financing and schedule of the rehabilitation of the streets within the Meadowland/ Beaver Dam Road/ Sun Cliff Additions area, located west of Blackhawk Road and south of Diffley Road. • On November 1, 2005, the feasibility report for Project 927 was presented to the City Council and a Public Hearing was scheduled for December 5 to formally present and discuss the report with the adjacent property owners. • An informational neighborhood meeting was held on December 1 in the City Hall Eagan Room for the adjacent property owners and representatives to discuss the proposed improvements. Of the 321 properties (270 single family, 50 townhomes, and 1 public facility) proposed to be assessed under this improvement, 1 person representing 1 property I%) attended the informational meeting. • All notices have been published in the legal newspaper and sent to all affected property owners informing them of this public hearing. ATTACHMENTS: • Feasibility Report, pages //6hrough • Neighborhood Meeting Minutes, pages /6 f all City 0 Report for Meadowland/ Beaver Dam Road/ Suncliff Additions Neighborhood Street Revitalization City Project No. 927 fr.% u l {-zrS• I jf- t t„,• ~F3-~3''x''.` -r n i - J- _`..~iX'fi'-t Y'„}+E _ - z Eagan, Minnesota December, 2005 401~ City of Ea~an December 1, 2005 Pat Geagan MAYOR Honorable Mayor and City Council City of Eagan Peggy Carlson 3830 Pilot Knob Road Cyndee Fields Eagan, MN 55122 . Mike Maguire Re: Meadowland/ Beaver Dam Rd./ Suncliff Additions Street Improvements Meg Tilley City Project No. 927 COUNCIL MEMBERS Dear Mayor and City Council: Thomas Hedges CITY ADMINISTRATOR Attached is our report for the Meadowland/ Beaver Dam Rd./ Suncliff Additions Street Revitalization, City Project No. 927. The report presents and discusses the proposed improvements and includes a cost estimate, preliminary assessment roll and schedule. We would be pleased to meet with the City Council at your convenience to review and discuss the contents of this report. Sincerely, .'ti ' t MUNICIPAL CENTER Zy 4;-7 3830 Pilot Knob Road John P. Gorder, P.E. Eagan, MN 55122-1810 Assistant City Engineer 651.675.5000 phone 651.675.5012 fax I hereby certify that this report was 651.454.8535 TDD prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. MAINTENANCE FACILITY 3501 Coachman Pointer E' Eagan, MN 55122 John P. Gorder 651.675.5300 phone Date: Reg. No. 22813 651.675.5360 fax 651.454.8535 TDD Reviewed Bye: Dept. of Pub`T Works, Date: www.cityofeagan.com Revie~ By: Finance Dept. Date: THE LONE OAK TREE The symbol of strength and growth in our community. TABLE OF CONTENTS Letter of Transmittal/Certification Table of Contents Page Introduction .......................................................................................................I Scope 2 Feasibility and Recommendations ..............................................................................3 Street Evaluation 3 Proposed Improvements ..........................................................................................4 Easements/Permits 6 Cost Estimate 6 Assessments 6 Low Density Residential 8 Townhomes - Indirect Access 8 Public Facility 8 Neighborhood Park 9 Assessment Financing Options 9 Revenue Source 10 Project Schedule ...........11 LIST OF APPENDICES Appendix A Preliminary Cost Estimate Appendix B Preliminary Assessment Roll Appendix C Figures - I Location Map - 2A & B Street Improvement/Assessment Area Map - 3 Typical Section - Overlay 1/4~ December 2005 Meadowland/ Beaver Dam Rd./ Suncliff Additions Street Revitalization Eagan, Minnesota Introduction/ History As a part of Eagan's Pavement Management Program, (PMP), the City evaluates streets within the community throughout their life cycle and implements appropriate maintenance strategies. In 1989, a Pavement Management System (PMS) was developed that allowed the City to evaluate the condition of the existing pavement surface for all the streets on a routine basis and schedule timely maintenance. A Five Year Capital Improvement Program (CIP) for street rehabilitation is developed from this information. The approximately 2.3 miles of 32' to 44' wide local residential streets within the Meadowland/ Beaver Dam Rd./ Suncliff Additions neighborhood area are identified for street overlay improvements in 2006. Figure 1, located in Appendix C, illustrates the project location. The streets within the neighborhood were constructed from 1979 to 1985, as part of adjacent development. Based on the data and engineering strategies available at this time, the City's current PMP incorporates local and ongoing maintenance strategies with seal coating occurring as needed at 5 to 7 years, again at 12 to 14 years with a bituminous overlay at approximately 20 years. Overlaying these roadways located within the project area, which are mainly in the 20 to 26 year time frame, will prevent further decay of the pavement surface, thus protecting and extending the structural life of the street. Meadowland 1`/Beaver Dam Rd./Suncliff 15t-5' Page 1 113 Timely maintenance work, such as bituminous patching, crack sealing and seal coating have occurred at appropriate intervals during the life of the street pavements. The streets in the neighborhood were seal coated various times between 1989 and 1996. The Public Works maintenance program typically includes patching and refurbishing during the construction season prior to the overlay. The Public Works crews, as part of the Preparatory Pavement Management Plan, removed and replaced deteriorated pavement areas and placed leveling and maintenance overlays on portions of the streets under consideration, if necessary. These repairs alone will not substantially extend the life expectancy of the street pavements if not combined with the proposed structural bituminous overlay proposed with this project. The Public Works Department has also inspected the utility infrastructure (sanitary sewer, water main, and storm sewer) in the project area and determined the system is in good working order and that no major repairs are necessary. Scope This project provides for resurfacing (edge mill and overlay) approximately 2.3 miles of roadways. Figure 2, located in Appendix C, illustrates the project area. Included in this project is replacement of the damaged curb and gutter, adjustments and/or replacement to sanitary/storm sewer utility castings, water gate valves, street signage, and pedestrian ramps. Meadowland I"/Beaver Dam Rd./Suncliff I"-5`' Page 2/ Feasibility and Recommendations This project is necessary to prevent further decay of the pavement section, create a safer driving surface, increase ride-ability and add structural strength. This project is cost effective in that the proposed improvement (resurfacing) is considerably less expensive than complete reconstruction of these streets. By resurfacing all of the streets within the neighborhood at one time, an economy of scale benefit will be realized. This project is feasible from an engineering standpoint in that this type of improvement has been used successfully to extend the life expectancy of numerous other streets throughout the City and the region. This project is in accordance with the Five Year Capital Improvement Plan (2006 - 2010) for the City of Eagan and the schedule as outlined in the Pavement Management Program. It is recommended that the project be constructed as proposed in this report. Street Evaluation The City of Eagan's Pavement Management System allows the City to evaluate the condition of the existing street surface to help schedule timely maintenance and improvements. The Pavement Condition Index (PCI) ranks the surface condition for each street. The general categories that define PCI rankings are as follows: PCI Recommended Improvement 56- 100 Routine Maintenance/Crack Seal/Seal Coat 36 - 55 Patch/Repair and/or Overlay 0-35 Reconstruct The 2005 PCT rankings for Meadowland/ Beaver Dam Rd./ Suncliff Additions has a neighborhood weighted average pavement condition rating of 47 which falls in the rankings of the "Patch/Repair and/or Overlay" category. Therefore, with ratings and the Meadowland I `/Beaver Dam Rd./Sundiff I "-5`h Page 3 f age of the streets, the 2006 construction season is the optimal time to construct the bituminous overlay on these streets. Proposed Improvements Pavement - The proposed street improvements are shown in Figures 3A & 3B. The existing street='' section for the local streets consist of 3" bituminous pavement supported by 6" gravel base. The existing bituminous surface will be milled adjacent to the existing curb and gutter (6'-8' wide) to accommodate - a 1'/z-inch bituminous overlay. The overlay,: combined with the existing street section, will provide a street section consistent with current City standards for a residential street. The combination of patching, and overlay will not eliminate cracking due to the temperature extremes experienced in Minnesota. Bituminous overlays will show some continued frost movements and reflective cracking consistent with the underlying pavement. Routine maintenance will still need to continue under the City's Pavement Management Program. Concrete curb & gutter - Damaged curb and gutter will be replaced if severely cracked, spalled, or settled. It is estimated that approximately 8% (0.4 miles) of the existing concrete curb and gutter will have to be replaced. Boulevard sod will be removed and replaced by a new 2' wide roll behind each section of curb and gutter that is replaced. While the contractor who performs the work is responsible for it's establishment in the first 30 days after placement, adjacent residents are encouraged to consistently water the new sod to help ensure its growth. A guide to maintenance of the sod will be distributed to the residents prior to this construction activity. Meadowland 15`/Beaver Dam Rd./Suncliff 15`-5`' Paae ~ 4 1 Signage - Traffic control and street identification signage will be replaced if the reflectivity has diminished, support posts have deteriorated, or if the signs or posts no longer meet City standards. Sidewalk/ Path Pedestrian Ramps - Recent revisions to the Americans with Disabilities Act (ADA) requires jurisdictional agencies to provide detectable warnings at all existing pedestrian ramps of sidewalks and paths with public streets that are improved, including mill & overlay improvements. The most common method of providing this detectable warning is through the installation of truncated domes a minimum of two feet in length across the width of all pedestrian ramps. This project provides for , the installation of ten truncated dome pedestrian ramps on the - bituminous paths on local` . intersecting streets at Diffley <; ~ W . s Road and Blackhawk Road. ` ~ - _ - Example of a truncated dome pedestrian ramp I sr_af r: :a MEN= Example of a recent street overlay project in Eagan (St. Francis Woods, 2005) Meadowland 1S'/Beaver Dam Rd./Suncliff 1'-5t' Page 5 Easement/Permits All work will be in the public right-of-way. No additional easements will be necessary. It is anticipated that no permits will be required for the resurfacing project. Cost Estimate Detailed cost estimates are located in Appendix A. The estimates are based on anticipated 2006 construction costs and include a 5% contingency and indirect cost of 30%, which include legal, administration, engineering, and bond interest. A summary of the costs is as follows: • Edge Mill and Overlay - 32' Wide Streets $ 234,730 • Edge Mill and Overlay - Beaver Dam Road (44') $ 93,030 • Repair Existing Concrete Curb & Gutter $ 149,680 Total Project Cost $477,440 Assessments Assessments are proposed to be levied against the benefited properties for the total improvement with costs allocated in accordance with the City of Eagan's Special Assessment Policy for a mill and overlay improvement for local streets. All assessments will be revised based on final costs. A preliminary assessment roll is included in Appendix B. Meadowland I `/Beaver Dam Rd./Suncliff 1 "-5" Page 6 !l0 City Special Assessment Policy Assessment Ratio Property City Mill and Overlay • Low Density Residential (R-1,2,3) 50% 50% • Public Facility 75% 25% • Parks 50% 50% Repair Existing Concrete Curb and Gutter 0% 100% Meadowland 151/Beaver Dam Rd./Suncliff 151-5t' Page 7 _ Low Density Residential Lots (R-1, R-2, R-3) - All residential equivalent properties (270 Total, all single-family) as shown on Figure 2, having direct driveway access on to the streets to be improved are proposed to be assessed, based on the amount of front footage adjacent to the streets within the project. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-1, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per residential lot equivalent to be assessed based on the City Assessment Policy is $492 per Single Family Lot and is calculated as follows: 1) Total Frontage Residential (R1,2,3) = 21,689/ 24,690 (Total F.F.) = 87.8% 2) [$234,730 (Mill & Overlay Cost - 32' Wide) x 50% x 87.8%]+ [$93,030 (Mill & Overlay Cost - Beaver Dam Road) x 50% x (32/44) x 87.8% _ $132,750 [Total Residential Assessment (R-1, 2, 3)] 3) $132,750 (Total Residential Assessment) 4 $492 / lot 270 Equivalent Single Family Residential Lots Townhomes - Indirect Access - The fifty townhomes within the Sun Cliff 3rd Addition maintain a private street (Southpointe Terrace) with bituminous pavement, concrete curb and gutter, and a storm sewer system. These townhomes are proposed to be assessed based on their common property's front footage adjacent to Beaver Dam Road (175 feet). The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for residential properties (R-1, R-2, R-3) based on a normal residential width street (32 feet). The estimated cost per townhome to be assessed based on the City Assessment Policy is $25 per unit and is calculated as follows: 1) Total Frontage = 175/ 24,690 (Total F.F.) = 0.7% 2) [$234,730 (Mill & Overlay Cost - 32' Wide) x 50% x 0.7%]+ [$93,030 (Mill & Overlay Cost - Beaver Dam Road) x 50% x (32/44) x 0.7% = $1,260 [Total Sun Cliff 3rd Assessment] 3) $1,260 (Total Townhome Assessment = $25/ unit 50 Townhomes Public Facility - All public facility lots (Christ Lutheran Church 1930 Diffley Road) as shown on Figure 2, having driveway access on to the streets to be improved, are proposed Meadowland I"/Beaver Dam Rd./Suncliff 15`-5`h 7e 8 to be assessed. The City's Assessment Policy states that 75% of the mill and overlay costs are assessable for local streets. Christ Lutheran Church has 426 feet of frontage adjacent to Beaver Dam Road. The estimated cost per public facility foot to be assessed based on the City Assessment Policy is $9.811 Front foot and is calculated as follows: 1) Total Public Facility = 426/ 24,690 (Total F.F.) = 1.7% 2) $234,730 (Mill & Overlay Cost - 32' Wide) x 75% x 1.7%] + [$93,030 (Mill & Overlay Cost - Beaver Dam Road) x 75% x 1.7%] =$4,180 (Total Public Facility Assessment) 3) $4,180 (Public Facility Assessment) 4 $9.81/foot 426 Public Facility F.F Neighborhood Parks - Meadowland Park takes driveway access onto Beaver Dam Road and is proposed to be assessed. The City's Assessment Policy states that 50% of the mill & overlay costs are assessable for neighborhood parks based on a normal residential street width (32 feet). The estimated cost per neighborhood park front foot is $6.09/ foot and is calculated as follows: 1) % Neighborhood Park = 695 f. f. / 24,690 (total f.f.) = 2.8% 2) $234,730 (Mill & Overlay Cost -32' Wide) x 50% x 2.8%] + [$93,030 (Mill & Overlay Cost- Beaver Dam Road) x 50% 32/44 x2.8%] =$4,230 (Park Assessment) 3) $4,230 (Neighborhood Park Assessment) $6.09/front foot 695 Neighborhood Park F.F Assessment Financing Options The property owner will have the option at the time of the assessment hearing to pay the full assessment or include the assessment in with their property tax statement. If the assessment is included with the property tax statement, the assessment will be spread over five years with the interest determined by the results of the bond sale used to finance the improvements. The following payment schedule will result based on an estimated 5.5% interest for the assessed amounts: Single Family Residential Lot = $492 Meadowland 1`/Beaver Dam Rd./Suncliff 1"-5* Page 9 ~~l Principal Interest Cost Per Year Per Year Per Year First Year $98 $27 $125 Fifth Year $98 $5 $103 Per $1,000 Public Facility Assessment Principal Interest Cost Per Year Per Year Per Year First Year $200 $55 $255 Fifth Year $200 $11 $211 Revenue Source A summary of revenue sources is listed below: Project Cost Property City Contribution Assessment Mill and Overlay $327,760 $142,420 ($185,340) Repair Ex. Curb $149,680 -0- ($149,680) Totals $477,440 $142,420 ($335,020) The City's Major Street Fund will finance the estimated project deficit of $335,020 (70% of total). Meadowland 1`/Beaver Dam Rd./Suncliff Is'-5t' Page 10 / 0?0 Project Schedule Present Feasibility Report to City Council/ Order Public Hearing ........................................................November 1, 2005 Neighborhood Meeting December 1, 2005 Public Hearing December 5, 2005 Approve Plans and Specifications February, 2006 Award Contract March, 2006 Project Completion September 1, 2006 Final Cost Report September, 2006 Final Assessment Hearing Fall, 2006 First Payment Due with Property Tax Statement ..................................May 15, 2007 Meadowland I s`/Beaver Dam Rd./Suncliff 1 "-5" Page 1 l 1;23 Appendix A -Street Overlay - City Project No. 927 Preliminary Cost Estimate Meadowland/ Beaver Dam Rd./ Suncliff Additions 1. Bituminous Street Overlay - 32' Wide Streets Est. Unit Est. Item Unit Qty. Price Cost Mobilization L.S. 1 $2,000.00 $2,000 Mill Bituminous Pavement S.Y. 12,200 $1.15 $14,030 2350/ 2360 Wear Course Mixture Ton 3,100 $40.00 $124,000 Bituminous Material for Tack Coat Gal. 1,700 $2.00 $3,400 Adjust Valve Box Each 16 $175.00 $2,800 Repair Valve To Section w/ cover Each 3 $275.00 $830 Adjust Frame & Ring Casting (Manhole) Each 51 $400.00 $20,400 Traffic Control L.S. 1 $500.00 $500 Replace Traffic & Street Signs L.S. 1 $4,000.00 $4,000 Subtotal $171,960 +5% Contingencies $8,600 Subtotal $180,560 + 30% Indirect Costs $54,170 TOTAL - 32' Streets $234,730 II. Bituminous Street Overlay - 44' Wide Street - Beaver Dam Road Item Est. Unit Est. Unit Q . Price Cost Mobilization L.S. 1 $2,000.00 $2,000 Mill Bituminous Pavement S.Y. 4,700 $1.15 $5,400 2350/ 2360 Wear Course Mixture Ton 1,250. $40.00 $50,000 Bituminous Material for Tack Coat Gal. 650 $2.00 $1,300 Adjust Valve Box w/cover Each 11 $175.00 $1,930 Repair Valve To Section Each 2 $275.00 $550 Adjust Frame & Ring Casting (Manhole) Each 11 $400.00 $4,400 4-Inch Solid White Line L.F. 135 $0.50 $70 Traffic Control L.S. 1 $500.00 $500 Replace Traffic & Street Signs L.S. 1 $2,000.00 $2,000 Subtotal $68,150 +5% Contingencies $3,410 Subtotal $71,560 + 30% Indirect Costs $21,470 TOTAL - Beaver Dam $93,030 III. Repair Existing Concrete Curb & Gutter Est. Unit Est. Item Unit Qty- Price Cost Remove Concrete Curb and Gutter L.F. 2,000 $5.00 $10,000 D412 Concrete Curb and Gutter L.F. 1,500 $20.00 $30,000 B618 Concrete Curb and Gutter L.F. 500 $21.00 $10,500 Remove Valley Gutter S.Y. 20 $20.00 $400 Concrete Valley Gutter S.Y. 20 $50.00 $1,000 Cone Sidewalk R & R w/ Trunc Domes Each 18 $700.00 $12,600 Adjust Frame & Ring Casting (C.B) Each 30 $300.00 $9,000 Remove & Replace Catch Basin Frame & Ring Cst Each 2 $500.00 $1,000 Sod w/To soil S.Y. 600 $12.00 $7,200 Conc Sidewalk Patching S.F. 900 $15.00 $13,500 Bituminous Path Patching S.Y. 60 $26.00 $1,560 Bituminous Street Patching Ton 100 $90.00 $9,000 Bituminous Driveway Patching S.Y. 150 $26.00 $3,900 Subtotal $109,660 + 5% Contingencies $5,480 Subtotal $115,140 + 30% Indirect Costs $34,540 TOTAL $149,680 TOTAL PROJECT COST $477,440 J Appendix B - City Project No. 927 Preliminary Assessment Roll Meadowland/ Beaver Dam Rd./ Sun Cliff Street Overlay Lot Unit Parcel P.I.N. Equivalent Assessment Total Meadowland First Addition - Block 1 4235 Beaver Darn Road 10-48050-001-01 1 $492 $492 4241 Beaver Dam Road 10-48050-002-01 1 $492 $492 4247 Beaver Dam Road 10-48050-003-01 1 $492 $492 4253 Beaver Dam Road 10-48050-004-01 1 $492 $492 4259 Beaver Dam Road 10-48050-005-01 1 $492 $492 4265 Beaver Darn Road 10-48050-006-01 1 $492 $492 4271 Beaver Dam Road 10-48050-007-01 1 $492 $492 4277 Beaver Dain Road 10-48050-008-01 1 $492 $492 Subtotal 8 $3,940 Meadowland First Addition - Block 3 4333 Beaver Dam Road 10-48050-010-03 1 $492 $492 4341 Beaver Dam Road 10-48050-230-03 1 $492 $492 4349 Beaver Darn Road 10-48050-220-03 1 $492 $492 4357 Beaver Dam Road 10-48050-210-03 1 $492 $492 4365 Beaver Dam Road 10-48050-200-03 1 $492 $492 4373 Beaver Darn Road 10-48050-190-03 1 $492 $492 4381 Beaver Dain Road 10-48050-180-03 1 $492 $492 Subtotal 7 $3,440 Sun Cliff First Addition - Block 1 4234 Beaver Dam Road 10-72975-220-01 1 $492 $492 4238 Beaver Dam Road 10-72975-210-01 1 $492 $492 4244 Beaver Dam Road 10-72975-200-01 1 $492 $492 4250 Beaver Dam Road 10-72975-190-01 1 $492 $492 4256 Beaver Dam Road 10-72975-180-01 1 $492 $492 4262 Beaver Dain Road 10-72975-170-01 1 $492 $492 4268 Beaver Dam Road 10-72975-160-01 1 $492 $492 4274 Beaver Dam Road 10-72975-150-01 1 $492 $492 1874 Deer Hills Trail 10-72975-042-01 1 $492 $492 1876 Deer Hills Trail 10-72975-041-01 1 $492 $492 1878 Deer Hills Trail 10-72975-032-01 1 $492 $492 1880 Deer Hills Trail 10-72975-031-01 1 $492 $492 1882 Deer Hills Trail 10-72975-021-01 1 $492 $492 1884 Deer Hills Trail 10-72975-022-01 1 $492 $492 1886 Deer Hills Trail 10-72975-011-01 1 $492 $492 1888 Deer Hills Trail 10-72975-012-01 1 $492 $492 4235 Sunrise Road 10-72975-051-01 1 $492 $492 4237 Sunrise Road 10-72975-052-01 1 $492 $492 4239 Sunrise Road 10-72975-061-01 1 $492 $492 4241 Sunrise Road 10-72975-062-01 1 $492 $492 4247 Sunrise Road 10-72975-072-01 1 $492 $492 4249 Sunrise Road 10-72975-071-01 1 $492 $492 4251 Sunrise Road 10-72975-080-01 1 $492 $492 4257 Sunrise Road 10-72975-090-01 1 $492 $492 4263 Sunrise Road 10-72975-100-01 1 $492 $492 4267 Sumise Road 10-72975-110-01 1 $492 $492 4271 Sunrise Road 10-72975-120-01 1 $492 $492 4277 Sunrise Road 10-72975-130-01 1 $492 $492 1915 Timberwolf Trail 10-72975-140-01 1 $492 $492 Subtotal 29 $14,270 Sun Cliff First Addition - Block 2 4288 Beaver Dam Road 10-72975-230-02 1 $492 $492 4290 Beaver Darn Road 10-72975-220-02 1 $492 $492 4292 Beaver Dam Road 10-72975-210-02 1 $492 $492 4294 Beaver Dam Road 10-72975-200-02 1 $492 $492 4298 Beaver Dam Road 10-72975-190-02 1 $492 $492 4302 Beaver Dam Road 10-72975-180-02 1 $492 $492 4306 Beaver Dam Road 10-72975-170-02 1 $492 $492 4310 Beaver Dam Road 10-72975-160-02 1 $492 $492 4316 Beaver Darn Road 10-72975-150-02 1 $492 $492 4322 Beaver Dam Road 10-72975-140-02 1 $492 $492 4285 Sunrise Road 10-72975-010-02 1 $492 $492 4289 Sunrise Road 10-72975-020-02 1 $492 $492 4291 Sunrise Road 10-72975-030-02 1 $492 $492 4293 Sunrise Road 10-72975-040-02 1 $492 $492 4295 Sunrise Road 10-72975-050-02 1 $492 $492 4297 Sunrise Road 10-72975-060-02 1 $492 $492 4299 Sunrise Road 10-72975-070-02 1 $492 $492 4301 Sunrise Road 10-72975-080-02 1 $492 $492 4305 Sunrise Road 10-72975-090-02 1 $492 $492 4307 Sunrise Road 10-72975-100-02 1 $492 $492 4309 Sunrise Road 10-72975-110-02 1 $492 $492 4311 Sunrise Road 10-72975-120-02 1 $492 $492 4315 Sunrise Road 10-72975-130-02 1 $492 $492 1916 Timberwolf Trail 10-72975-240-02 1 $492 $492 Subtotal 24 $11,810 Sun Cliff First Addition - Block 3 1906 Bear Path Trail 10-72975-040-03 1 $492 $492 1910 Bear Path Trail 10-72975-030-03 1 $492 $492 /V~ 7 1914 Bear Path Trail 10-72975-020-03 1 $492 $492 1918 Bear Path Trail 10-72975-010-03 1 $492 $492 Subtotal 4 $1,970 Sun Cliff First Addition - Block 4 1901 Bear Path Trail 10-72975-260-04 1 $492 $492 4257 Sun Cliff Road 10-72975-010-04 1 $492 $492 1881 Sunrise Court 10-72975-170-04 1 $492 $492 1882 Sunrise Court 10-72975-180-04 1 $492 $492 1883 Sunrise Court 10-72975-160-04 1 $492 $492 1884 Sunrise Court 10-72975-190-04 1 $492 $492 1885 Sunrise Court 10-72975-150-04 1 $492 $492 1886 Sunrise Court 10-72975-200-04 1 $492 $492 1887 Sunrise Court 10-72975-140-04 1 $492 $492 1888 Sunrise Court 10-72975-210-04 1 $492 $492 1891 Sunrise Court 10-72975-130-04 1 $492 $492 1892 Sunrise Court 10-72975-220-04 1 $492 $492 1894 Sunrise Court 10-72975-230-04 1 $492 $492 1895 Sunrise Court 10-72975-120-04 1 $492 $492 1896 Sunrise Court 10-72975-240-04 1 $492 $492 1899 Sunrise Court 10-72975-110-04 1 $492 $492 1900 Sunrise Court 10-72975-250-04 1 $492 $492 4270 Sunrise Road 10-72975-020-04 1 $492 $492 4276 Sunrise Road 10-72975-030-04 1 $492 $492 4280 Sunrise Road 10-72975-040-04 1 $492 $492 4282 Sunrise Road 10-72975-050-04 1 $492 $492 4286 Sunrise Road 10-72975-060-04 1 $492 $492 4290 Sunrise Road 10-72975-070-04 1 $492 $492 4292 Sunrise Road 10-72975-080-04 1 $492 $492 4294 Sunrise Road 10-72975-090-04 1 $492 $492 4296 Sunrise Road 10-72975-100-04 1 $492 $492 Subtotal 26 $12,790 Sun Cliff First Addition - Block 5 1872 Deer Hills Trail 10-72975-010-05 1 $492 $492 4252 Sun Cliff Road 10-72975-020-05 1 $492 $492 Subtotal 2 $980 Sun Cliff First Addition - Block 6 1873 Deer Hills Trail 10-72975-030-06 1 $492 $492 1875 Deer Hills Trail 10-72975-020-06 1 $492 $492 1877 Deer Hills Trail 10-72975-010-06 1 $492 $492 Subtotal 3 $1,480 Sun Cliff Second Addition - Block 1 1877 Bear Path Trail 10-72976-100701 1 $492 $492 / 6 1879 Bear Path Trail 10-72976-090-01 1 $492 $492 1881 Bear Path Trail 10-72976-080-01 1 $492 $492 1883 Bear Path Trail 10-72976-070-01 1 $492 $492 1885 Bear Path Trail 10-72976-060-01 1 $492 $492 1887 Bear Path Trail 10-72976-050-01 1 $492 $492 1889 Bear Path Trail 10-72976-040-01 1 $492 $492 1891 Bear Path Trail 10-72976-030-01 1 $492 $492 1893 Bear Path Trail 10-72976-020-01 1 $492 $492 1897 Bear Path Trail 10-72976-010-01 1 $492 $492 4263 Sun Cliff Road f 0-72976-230-01 1 $492 $492 4267 Sun Cliff Road 10-72976-220-01 1 $492 $492 4271 Sun Cliff Road 10-72976-210-01 1 $492 $492 4277 Sun Cliff Road 10-72976-200-01 1 $492. $492 4281 Sun Cliff Road 10-72976-190-01 1 $492 $492 4287 Sun Cliff Road 10-72976-180-01 1 $492 $492 4291 Sun Cliff Road 10-72976-170-01 1 $492 $492 4295 Sun Cliff Road 10-72976-160-01 1 $492 $492 4299 Sun Cliff Road 10-72976-150-01 1 $492 $492 4301 Sun Cliff Road 10-72976-140-01 1 $492 $492 4305 Sun Cliff Road 10-72976-130-01 1 $492 $492 4309 Sun Cliff Road 10-72976-120-01 1 $492 $492 4315 Sun Cliff Road 10-72976-110-01 1 $492 $492 Subtotal 23 $11,320 Sun Cliff Second Addition - Block 2 1878 Bear Path Trail 10-72976-120-02 1 $492 $492 1880 Bear Path Trail 10-72976-110-02 1 $492 $492 1882 Bear Path Trail 10-72976-100-02 1 $492 $492 1884 Bear Path Trail 10-72976-090-02 1 $492 $492 1886 Bear Path Trail 10-72976-080-02 1 $492 $492 1888 Bear Path Trail 10-72976-070-02 1 $492 $492 1890 Bear Path Trail 10-72976-060-02 1 $492 $492 1892 Bear Path Trail 10-72976-050-02 1 $492 $492 1894 Bear Path Trail 10-72976-040-02 1 $492 $492 1896 Bear Path Trail 10-72976-030-02 1 $492 $492 1898 Bear Path Trail 10-72976-020-02 1 $492 $492 1900 Bear Path Trail 10-72976-010-02 1 $492 $492 Subtotal 12 $5,900 Sun Cliff Second Addition - Block 3 1869 Bear Path Trail 10-72976-010-03 1 $492 $492 1871 Bear Path Trail 10-72976-020-03 1 $492 $492 1873 Bear Path Trail 10-72976-030-03 1 $492 $492 1902 Bear Path Trail 10-72976-050-03 1 $492 $492 4256 Sun Cliff Road 10-72976-190-03 1 $492 $492 4260 Sun Cliff Road 10-72976-180-03 1 $492 $492 9 4264 Sun Cliff Road 10-72976-170-03 1 $492 $492 4268 Sun Cliff Road 10-72976-160-03 1 $492 $492 4272 Sun Cliff Road 10-72976-150-03 1 $492 $492 4276 Sun Cliff Road 10-72976-140-03 1 $492 $492 4280 Sun Cliff Road 10-72976-130-03 1 $492 $492 4284 Sun Cliff Road 10-72976-120-03 1 $492 $492 4288 Sun Cliff Road 10-72976-110-03 1 $492 $492 4292 Sun Cliff Road 10-72976-100-03 1 $492 $492 4296 Sun Cliff Road 10-72976-090-03 1 $492 $492 4300 Sun Cliff Road 10-72976-080-03 1 $492 $492 4304 Sun Cliff Road 10-72976-070-03 1 $492 $492 4308 Sun Cliff Road 10-72976-060-03 1 $492 $492 4312 Sun Cliff Road 10-72976-050-03 1 $492 $492 4316 Sun Cliff Road 10-72976-040-03 1 $492 $492 Subtotal 20 $9,840 Sun Cliff Second Addition - Block 4 4322 Eagle Crest Drive 10-72976-020-04 1 $492 $492 Subtotal 1 $492 Sun Cliff Second Addition - Block 6 1864 Bear Path Trail 10-72976-060-06 1 $492 $492 1866 Bear Path Trail 10-72976-050-06 1 $492 $492 1868 Bear Path Trail 10-72976-040-06 1 $492 $492 1870 Bear Path Trail 10-72976-030-06 1 $492 $492 1872 Bear Path Trail 10-72976-020-06 1 $492 $492 1874 Bear Path Trail 10-72976-010-06 1 $492 $492 4327 Fox Ridge Court 10-72976-070-06 1 $492 $492 4328 Fox Ridge Court 10-72976-240-06 1 $492 $492 4329 Fox Ridge Court 10-72976-080-06 1 $492 $492 4330 Fox Ridge Court 10-72976-230-06 1 $492 $492 4332 Fox Ridge Court 10-72976-220-06 1 $492 $492 4338 Fox Ridge Court 10-72976-210-06 1 $492 $492 4339 Fox Ridge Court 10-72976-090-06 1 $492 $492 4340 Fox Ridge Court 10-72976-200-06 1 $492 $492 4342 Fox Ridge Court 10-72976-190-06 1 $492 $492 4343 Fox Ridge Court 10-72976-100-06 1 $492 $492 4344 Fox Ridge Court 10-72976-180-06 1 $492 $492 4345 Fox Ridge Court 10-72976-110-06 1 $492 $492 4346 Fox Ridge Court 10-72976-170-06 1 $492 $492 4347 Fox Ridge Court 10-72976-120-06 1 $492 $492 4348 Fox Ridge Court 10-72976-160-06 1 $492 $492 4349 Fox Ridge Court 10-72976-130-06 1 $492 $492 4350 Fox Ridge Court 10-72976-150-06 1 $492 $492 4352 Fox Ridge Court 10-72976-140-06 1 $492 $492 Subtotal 24 $11,810 /3v Sun Cliff Third Addition - Block 1 1879 Deer Hills Trail 10-72977-051-01 1 $492 $492 1881 Deer Hills Trail 10-72977-052-01 1 $492 $492 1883 Deer Hills Trail 10-72977-042-01 1 $492 $492 1885 Deer Hills Trail 10-72977-041-01 1 $492 $492 1887 Deer Hills Trail 10-72977-032-01 1 $492 $492 1889 Deer Hills Trail 10-72977-031-01 1 $492 $492 1891 Deer Hills Trail 10-72977-021-01 1 $492 $492 1893 Deer Hills Trail 10-72977-022-01 1 $492 $492 1895 Deer Hills Trail 10-72977-011-01 1 $492 $492 1897 Deer Hills Trail 10-72977-012-01 1 $492 $492 Subtotal 10 $4,920 Sun Cliff Fourth Addition - Block 1 1859 Deer Hills Trail 10-72978-060-01 1 $492 $492 1861 Deer Hills Trail 10-72978-050-01 1 $492 $492 1865 Deer Hills Trail 10-72978-040-01 1 $492 $492 1867 Deer Hills Trail 10-72978-030-01 1 $492 $492 1869 Deer Hills Trail 10-72978-020-01 1 $492 $492 1871 Deer Hills Trail 10-72978-010-01 1 $492 $492 Subtotal 6 $2,800 Sun Cliff Fourth Addition - Block 2 1858 Deer Hills Trail 10-72978-070-02 1 $492 $492 1860 Deer Hills Trail 10-72978-060-02 1 $492 $492 1862 Deer Hills Trail 10-72978-050-02 1 $492 $492 1864 Deer Hills Trail 10-72978-040-02 1 $492 $492 1866 Deer Hills Trail 10-72978-030-02 1 $492 $492 1868 Deer Hills Trail 10-72978-020-02 1 $492 $492 1870 Deer Hills Trail 10-72978-010-02 1 $492 $492 4275 Eagle Crest Drive 10-72978-080-02 1 $492 $492 4279 Eagle Crest Drive 10-72978-090-02 1 $492 $492 4283 Eagle Crest Drive 10-72978-100-02 1 $492 $492 4287 Eagle Crest Drive 10-72978-110-02 1 $492 $492 4291 Eagle Crest Drive 10-72978-120-02 1 $492 $492 4295 Eagle Crest Drive 10-72978-130-02 1 $492 $492 4301 Eagle Crest Drive 10-72978-140-02 1 $492 $492 4305 Eagle Crest Drive 10-72978-150-02 1 $492 $492 4309 Eagle Crest Drive 10-72978-160-02 1 $492 $492 4313 Eagle Crest Drive 10-72978-170-02 1 $492 $492 4317 Eagle Crest Drive 10-79278-180-02 1 $492 $492 Subtotal 18 $8,410 Sun Cliff Fourth Addition - Block 3 4284 Eagle Crest Drive 10-72978-040-03 1 $492 $492 4288 Eagle Crest Drive 10-72978-050-03 1 $492 $492 131 4292 Eagle Crest Drive 10-72978-060-03 1 $492 $492 4296 Eagle Crest Drive 10-72978-070-03 1 $492 $492 4300 Eagle Crest Drive 10-72978-080-03 1 $492 $492 4304 Eagle Crest Drive 10-72978-090-03 1 $492 $492 4308 Eagle Crest Drive 10-72978-100-03 1 $492 $492 4312 Eagle Crest Drive 10-72978-110-03. 1 $492 $492 4316 Eagle Crest Drive 10-72978-120-03 1 $492 $492 4318 Eagle Crest Drive 10-72978-130-03 1 $492 $492 4320 Eagle Crest Drive 10-72978-140-03 1 $492 $492 4272 Eagle Crest Drive 10-72978-010-03 1 $492 $492 4276 Eagle Crest Drive 10-72978-020-03 1 $492 $492 4280 Eagle Crest Drive 10-72978-030-03 1 $492 $492 Subtotal 14 $6,540 Sun Cliff Fifth Addition - Block 1 1845 Deer Hills Trail 10-72979-040-01 1 $492 $492 1849 Deer Hills Trail 10-72979-030-01 1 $492 $492 1853 Deer Hills Trail 10-72979-020-01 1 $492 $492 1857 Deer Hills Trail 10-72979-010-01 1 $492 $492 1837 Deer Hills Trail 10-72979-060-01 1 $492 $492 1841 Deer Hills Trail 10-72979-050-01 1 $492 $492 Subtotal 6 $2,800 Sun Cliff Fifth Addition - Block 2 4274 Fox Ridge Road 10-72979-010-02 1 $492 $492 4278 Fox Ridge Road 10-72979-020-02 1 $492 $492 4282 Fox Ridge Road 10-72979-030-02 1 $492 $492 4286 Fox Ridge Road 10-72979-040-02 1 $492 $492 4290 Fox Ridge Road 10-72979-050-02 1 $492 $492 4294 Fox Ridge Road 10-72979-060-02 1 $492 $492 4298 Fox Ridge Road 10-72979-070-02 1 $492 $492 4302 Fox Ridge Road 10-72979-080-02 1 $492 $492 4306 Fox Ridge Road 10-72979-090-02 1 $492 $492 4308 Fox Ridge Road 10-72979-100-02 1 $492 $492 4310 Fox Ridge Road 10-72979-110-02 1 $492 $492 4312 Fox Ridge Road 10-72979-120-02 1 $492 $492 4314 Fox Ridge Road 10-72979-130-02 1 $492 $492 4316 Fox Ridge Road 10-72979-140-02 1 $492 $492 4318 Fox Ridge Road 10-72979-150-02 1 $492 $492 4320 Fox Ridge Road 10-72979-160-02 1 $492 $492 4322 Fox Ridge Road 10-72979-170-02 1 $492 $492 4324 Fox Ridge Road 10-72979-180-02 1 $492 $492 Subtotal 18 $81410 Sun Cliff Fifth Addition - Block 3 4275 Fox Ridge Road 10-72979-010-03 1 $492 $492 13~ 4281 Fox Ridge Road 10-72979-020-03 1 $492 $492 4287 Fox Ridge Road 10-72979-030-03 1 $492 $492 4293 Fox Ridge Road 10-72979-040-03 1 $492 $492 4297 Fox Ridge Road 10-72979-050-03 1 $492 $492 4301 Fox Ridge Road 10-72979-060-03 1 $492 $492 4305 Fox Ridge Road 10-72979-070-03 1 $492 $492 4307 Fox Ridge Road 10-72979-080-03 1 $492 $492 4309 Fox Ridge Road 10-72979-090-03 1 $492 $492 4311 Fox Ridge Road 10-72979-100-03 1 $492 $492 4313 Fox Ridge Road 10-72979-110-03 1 $492 $492 4317 Fox Ridge Road 10-72979-120-03 1 $492 $492 4319 Fox Ridge Road 10-72979-130-03 1 $492 $492 4321 Fox Ridge Road 10-72979-140-03 1 $492 $492 4323 Fox Ridge Road 10-72979-150-03 1 $492 $492 Subtotal 15 $6,800 Sun Cliff Third Addition - Block 3 - Indirect Access 1830 Southpointe Terrace 10-72977-002-03 1 $25 $25 1832 Southpointe Terrace 10-72977-001-03 1 $25 $25 1834 Southpointe Terrace 10-72977-003-03 1 $25 $25 1836 Southpointe Terrace 10-72977-009-03 1 $25 $25 1838 Southpointe Terrace 10-72977-007-03 1 $25 $25 1840 Southpointe Terrace 10-72977-008-03 1 $25 $25 1842 Southpointe Terrace 10-72977-011-03 1 $25 $25 1844 South ointe Terrace 10-72977-012-03 1 $25 $25 1846 Southpointe Terrace 10-72977-010-03 1 $25 $25 1848 Southpointe Terrace 10-72977-004-03 1 $25 $25 1850 Southpointe Terrace 10-72977-006-03 1 $25 $25 1852 Southpointe Terrace 10-72977-005-03 1 $25 $25 1854 Southpointe Terrace 10-72977-014-03 1 $25 $25 1856 South ointe Terrace 10-72977-013-03 1 $25 $25 1858 Southpointe Terrace 10-72977-015-03 1 $25 $25 1860 Southpointe Terrace 10-72977-021-03 1 $25 $25 1862 Southpointe Terrace 10-72977-019-03 1 $25 $25 1864 Southpointe Terrace 10-72977-020-03 1 $25 $25 1866 Southpointe Terrace 10-72977-023-03 1 $25 $25 1868 Southpointe Terrace 10-72977-024-03 1 $25 $25 1870 Southpointe Terrace 10-72977-022-03 1 $25 $25 1872 Southpointe Terrace 10-72977-016-03 1 $25 $25 1874 Southpointe Terrace 10-72977-018-03 1 $25 $25 1876 South ointe Terrace 10-72977-017-03 1 $25 $25 1878 Southpointe Terrace 10-72977-026-03 1 $25 $25 1880 Southpointe Terrace 10-72977-025-03 1 $25 $25 1882 Southpointe Terrace 10-72977-027-03 1 $25 $25 1884 Southpointe Terrace 10-72977-033-03 1 $25 $25 133 1886 Southpointe Terrace 10-72977-031-03 1 $25 $25 1888 South ointe Terrace 10-72977-032-03 1 $25 $25 1890 South ointe Terrace 10-72977-035-03 1 $25 $25 1892 Southpointe Terrace 10-72977-036-03 1 $25 $25 1894 South ointe Terrace 10-72977-034-03 1 $25 $25 1896 Southpointe Terrace 10-72977-028-03 1 $25 $25 1898 South ointe Terrace 10-72977-030-03 1 $25 $25 1900 South ointe Terrace 10-72977-029-03 1 $25 $25 1902 Southpointe Terrace 10-72977-038-03 1 $25 $25 1904 Southpointe Terrace 10-72977-037-03 1 $25 $25 1906 Southpointe Terrace 10-72977-039-03 1 $25 $25 1908 South ointe Terrace 10-72977-045-03 1 $25 $25 1910 South ointe Terrace 10-72977-043-03 1 $25 $25 1912 South ointe Terrace 10-72977-044-03 1 $25 $25 1914 Southpointe Terrace 10-72977-047-03 1 $25 $25 1916 Southpointe Terrace 10-72977-048-03 1 $25 $25 1918 Southpointe Terrace 10-72977-046-03 1 $25 $25 1920 Southpointe Terrace 10-72977-040-03 1 $25 $25 1922 Southpointe Terrace 10-72977-042-03 1 $25 $25 1924 South ointe Terrace 10-72977-041-03 1 $25 $25 Subtotal 50 $1,260 Un latted Property 1930 Diffley Road 10-02900-011-25 426 FF $9.81/FF $4,180 Subtotal $4,180 City Park Property Meadowland Park 10-72975-010-00 695 FF $6.01/FF $4,200 Subtotal $4,230 Property Totals Single Family = 270 Lots Townhomes = 50 Lots 175 F.F. Public Facility = 426 F.F. City Park = 695 F.F. Non -assessable =1,705 TOTAL $142,420 l Q 1 ~ 0 SILVER BELL RD. 0 a 0 o' z p0 IFFLEY ROAD DIFFLEY F_y < W p Me1csM Jr. Y ~ ~ Wgn Sdwd d,ij > 0:M U W > > U' Q Y o Fr W W LL : uj J, > SHALE LN. _ p~SPy b~ '~~ll Q Rpb _ l L U U Pro ect Location W CLIFF ROAD O O Fq U 4p Z G- P COVINGTON tL rt ~ Y Q U tee' Z LLI e U 2 Q Q O ' k We Q APPLE VALLEY I G:Feosibility Reports2006\Proj 927 Meodowlond 7st\Locction Mop r13 10/24/05 #City Meadowland 1 st Beaver Dam Rd. / Suncliff 1 st-5th of Eap Location Map - Project 927 Fig. 1 Engineering Department 0 m f ,e Q~ y ~ e to np ~ ~~l~'3 .b ~6~ a OaQ~ p2 0 6y _F < pz d21L ~<<~ i1 ti 0~ ; r o n\ 4239 9 Z 0 ti~ \ n 42 2h2 2 ° 65 \ 4 ~ S c5 4249 ~ s 1~ Z 2~ 2 / ~b NORTH TI BER -WOLF TRT-`+- i° a3> a r ~ _ ° z a \ .9b q za z p a' .41 b a o 9 2 0\ ',~E 2 A m GAG y5~s~~ ~o~~ BEA ER \.z° ,0 \ J..A aA h`\ aO cl5~ .fie o~ DAM - ® B ~ . ~ 1'~.. ® stir 101 `Q, J~o~~P~ea 5 b ® ~ dad` Pee 6 e G'~ a ' . \o ~eaao ~'`te o° a~ 9 ~ S 4~E / O~6 Q o aos rs Ol e° c~A ee Arc ~c 60' ROW 70' ( BEAVER DAM ROAD ) 32' (F-F) 44' F-F ( BEAVER DAM ROAD ) 3" BITUMINOUS SURFACE EX. D412 CURB 6" CL. 5 AGGREGATE BASE & GUTTER Existing Typical Section 60' ROW 70' ( BEAVER DAM ROAD ) 32' (F-F) EDGE MILL 44' F-F ( BEAVER DAM ROAD ) (6'-8' wide) Typ. 11/2" TYPE 2350/2360 BITUMINOUS OVERLAY REPLACE EX. CURB & GUTTER AS DIRECTED BITUMINOUS TACK COAT 3" BITUMINOUS SURFACE 6" CL. 5 AGGREGATE BASE Bituminous Street Overlay Propose caI Section G: FeasibilityReports2006\Meadowland/Beaver Dam 927 \typicol sections 10-10-05 Meadowland 1 s-tr eaver Dam Rd. / Suncliff 1 st - 5th City of ERQaIl Fig. 3 Engineering Department Typical Sections -Project 927 CITY PROJECT NO 927 INFORMATIONAL NEIGHBORHOOD MEETING MEADOWLAND/ BEAVER DAM ROAD/ SUN CLIFF STREET REVITALIZATION THURSDAY, DECEMBER 1, 2005 7:30 P.M. EAGAN ROOM Attendance: , John Gorder, Assistant City Engineer, 1 resident representing 1 property (see attached sign-in sheet). A. Presentation of Project Details • Gorder welcomed the residents and provided a project presentation, including details such as construction, costs, schedule and assessments. B. Questions/ Comments • Gorder answered a few general questions to the resident's satisfaction. The meeting adjourned at 7:15 p.m. GTR/2006/Minutes-927 - Meadowland NEIGHBORHOOD MEETING MEADOWLAND 1"/BEAVER DAM RD/SUNCLIFF 1sr- 5r" ADDNS PROJECT 927 THURSDAY, DECEMBER 1, 2005,7:30 P.M. NAME. ADDRESS i~d 2. 3. 4. 5. 6.- 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS/SIGN-IN.Sheet /39 Agenda Information Memo December 5, 2005, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT - TMI COATINGS ACTIONS TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to allow a 40'X40' metal sided accessory structure and outdoor storage of hazardous materials for property located at 3291 Terminal Drive in the SE '/4 of Section 8; subject to the conditions in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ TMI has a Conditional Use Permit for outdoor storage of materials and vehicles related to their business, this request will add to the existing CUP. ➢ The CUP will allow for a metal sided accessory structure, the structure is not visible from the public right-of-way. ➢ The proposed accessory structure will be located on the existing concrete pad located in the rear yard. The accessory structure is for additional inside storage of materials and small equipment, which would otherwise be stored in trailers. ➢ Per MPCA requirements hazardous materials will be stored under the overhang of the proposed accessory structure. ➢ All 6 outdoor storage requirements are met with this proposal. The Advisory Planning Commission held a public hearing on November 22, 2005 and is recommending approval. 60 DAY AGENCY ACTION DEADLINE: ➢ December 16, 2005 ATTACHMENTS (2): Advisory Planning Commission Minutes on page ~Y/ Staff report on pages / Y-3through_Z571~ ~a City of Eagan Advisory Planning Commission Meeting Minutes November 22, 2005 Page 2 Member Dugan moved, Member Chavez seconded a motion to table the approval of the September 27, 2005 Advisory Planning Commission Meeting minutes as amended. All voted in favor. Motion carried 5-0. Member Gladhill arrived at 6:37 p.m. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. PUBLIC HEARINGS New Business A. TMI Coatings Applicant Name: TMI Coatings Location: 3291 Terminal Drive; Lot 8, Block 1, Sibley Terminal Industrial Park Application: Conditional Use Permit A Conditional Use Permit to construct a 40'x 40' metal sided storage shed and outdoor storage of hazardous material. File Number: 08-CU-14-10-05 Planner Cartney introduced this item and highlighted the information presented in the City Staff report dated November 15, 2005. She noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Member Chavez asked why there is no limitation on the amount of storage allowed. City Planner Ridley stated the amount of storage is regulated by the Minnesota Pollution Control Agency. Chair Heyl sated the area is very industrial and the proposal is compatible. Member Dugan stated he visited the site and the proposed use is compatible with the area. Guido Gliori, TMI Coatings, explained the MPCA standards regarding storage of hazardous waste. Member Dugan moved, Member Chavez seconded a motion to recommend approval of a Conditional Use Permit to allow a 40'x40'metal sided accessory building and outdoor storage of hazardous materials for property located at 3291 Terminal Drive in the SE'/4 of Section 8 subject to the following conditions: City of Eagan Advisory Planning Commission Meeting Minutes November 22, 2005 Page 3 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The hazardous waste storage must comply with the Minnesota Pollution Control Agency and Dakota County Environmental Management requirements. 3. 'The metal sided accessory structure is limited to 1,600 square feet. All voted in favor. Motion carried 6-0. PLANNING REPORT CITY OF EAGAN REPORT DATE: November 15, 2005 CASE: 08-CU-14-10-05 APPLICANT: Guido Gliori, TMI HEARING DATE: November 22, 2005 PROPERTY OWNER: APPLICATION DATE: October 18, 2005 REQUEST: Conditional Use Permit PREPARED BY: Sheila Cartney LOCATION: 3291 Terminal Drive COMPREHENSIVE PLAN: IND, Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow a 40'x40'metal sided accessory building and outdoor storage of hazardous materials for property located at 3291 Terminal Drive in the SE '/4 of Section 8. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions-4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: I. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 1~3 Planning Report - TMI CUP November 22, 2005 Page 2 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The subject site was previously owned and operated by Aagard Environmental Services, a commercial refuse hauler. In 1993, a CUP was granted for outdoor storage of roll off containers, delivery inventory storage, and an inventory rehabilitation area. The site has been used for the same purposes by Armor Roll-Off Services for several years. TMI recently acquired and relocated to this site as part of the City's redevelopment in Northeast Eagan. In February of this year, TMI modified the CUP to allow outdoor storage of vehicles and equipment. EXISTING CONDITIONS The site is developed with an 18,480 square foot concrete building and a fenced outdoor storage area in the rear of the building. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Vacant PF, Public Facility QP, Quasi Public South Transport America I-1, Limited Industrial IND, Industrial A/9 Planning Report - TMI CUP November 22, 2005 Page 3 East Office/warehouse I-1, Limited Industrial IND, Industrial West Transport America I-1, Limited Industrial IND, Industrial EVALUATION OF REQUEST Compatibility with Surrounding Area - The subject site is surrounded by Industrial property or vacant land. The request is related to the Industrial use of the property and is a compatible use; however, the metal sided shed may not be compatible with the buildings in that area as that type of construction isn't typically allowed for principal buildings. The accessory structure will not be visible from the public right-of-way. Proposal - The proposed accessory structure will be located on the existing concrete pad located in the rear yard. The accessory structure is for additional inside storage_of materials and small equipment, which would otherwise be stored in trailers. The Hazardous materials will be stored outside of the proposed accessory structure under an overhang. Code Requirement - "exterior exposed walls of any accessory structure to a building in the Light Industrial district may be constructed of the following material: metal, including steel, sheet or corrugated aluminum or iron; vinyl; plain concrete block; or any other material not within the standards set forth herein, provided a Conditional Use Permit is first obtained from the city. Principal building requirements: New construction: no less than 75% of the exterior, exposed walls of any newly constructed building in the I-1 shall be constructed of a vertical finish made of noncombustible, non-degradable, and low maintenance construction material, including, but not limited to, face brick; natural stone; specifically designed precast concrete or synthetic stucco or comparable material, provided the surfaces have been integrally treated with an applied decorative material or texture; smooth, painted or decorative concrete block, provided the block is scored at least twice. Twenty-five percent or less of the exterior, exposed walls of any newly constructed building in the I-1 district may be constructed of any of the following materials: metal, including but not limited to steel, sheet or corrugated aluminum, or iron; vinyl; plain concrete block or any other material not within the standards set forth. Any metal surface or siding as permitted herein shall be coated or anodized with a non-reflective glare free finish. An accessory structure meeting the principal building material standards would not require a Conditional Use Permit. It is by way of a CUP that a metal sided accessory structure would be allowed. The applicant has upgraded the exterior of their building it would be more compatible or complimentary to have an accessory structure that matches the building in general; however, the accessory structure will not be visible from the public right-of-way or adjacent properties. Outdoor Storage Requirements (apply to storage of hazardous materials)- a. Outdoor storage items shall be placed within an enclosure as necessary to achieve appropriate security and containment or for public safety reasons when determined necessary by the city. In general business (GB) and community shopping center (CSC) zoning districts, the enclosure shall be attached to the principal building and be constructed of materials which are aesthetically / Z171 s' Planning Report - TMI CUP November 22, 2005 Page 4 compatible with the principal building. Iii. limited industrial (I-1) and general industrial (I--2) zoning districts, the enclosure may be detached fr-orrt the principal building. The entire back lot is enclosed by a fence. The hazardous materials will be stored in the back. b. The storage areas shall be located in the side or rear yards and shall not encroach into any required front building setback area or other required setbacks. The designated storage area is located in the rear of the building and is not encroaching into building setbacks. c. The outdoor storage area shall be screened from view firom the public right-of- way and fi-oni any adjacent property which is designated for residential uses in the comprehensive guide plan. The outdoor storage area is not visible from the public-right-of way. The adjacent properties have the same zoning as the subject site. d. The storage area shall not interfere with any pedestrian or vehicular movement. The proposed storage will be next to an accessory building, vehicular and pedestrian movement would not be affected. e. The storage area shall not take up required parking spaces or landscaping areas. The proposed storage area is proposed in a striped parking area to the rear of the lot. The proposed storage area is already in an approved storage area for this site. £ The storage area shall be surfaced with concrete or an approved equivalent to control dust and erosion. The surface shall be properly maintained to prevent deterioration. The proposed storage is on a concrete surface. SUMMARY/CONCLUSION The subject site is located in an Industrial area, where outdoor storage is typical. The subject site has a Conditional Use Permit (CUP) for outdoor storage of equipment and vehicles related to the business, the request is to add to the current CUP by adding a 40'x40' metal sided storage shed and to allow outdoor storage of hazardous materials. The proposed accessory structure will be located on the existing cement slab in the back of the lot and will be screened from public right-of-way. The outdoor storage requirements are met for the proposed hazardous waste storage. /~6 Planning Report - TMI CUP November 22, 2005 Page 5 ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow a 40'x40'metal sided accessory building and outdoor storage of hazardous materials for property located at 3291 Terminal Drive in the SE'/4 of Section 8. Subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The hazardous waste storage must comply with the Minnesota Pollution Control Agency and Dakota County Environmental Management requirements. 3. The metal sided accessory structure is limited to 1,600 square feet. AL Iml COATINGS, INC. 2805 Dodd Road • St. Paul, Minnesota 55121-1519 • 651-452-6100 • FAX 651-452-0598 E-mail: tmi@tmicoatings.com • www.tmicoatings.com October 18, 2005 Re: CUP request for TMI Coatings, Inc. 3291 Terminal Drive, Eagan, MN Legal Description: Lot 8, Block 1, Sibley Terminal Industrial Park PID: 10-68050-080-01 TMI Coatings is requesting a Conditional Use Permit to construct and maintain a 40' x 40' metal accessory building in the current storage yard at 3291 Terminal Drive. The proposed building would be constructed within the confines of the enclosed yard, behind the existing office/warehouse structure. The new accessory building will be hidden from view from Terminal Drive by the existing office/warehouse structure. The current and continued zoning for 3291 and the surrounding properties is "Limited Industrial". TMI purchased the 3291 property in February of 2005. The purchase of 3291 was the culmination of over a year long search for a new location prompted by the selling of our then current location at 2805 Dodd Road, Eagan to the City of Eagan under the threat of eminent domain. Since the purchase of the 3291 building (formally An-nor Disposal) TMI has completed a major renovation of the property including the interior, exterior, landscaping and storage yard upgrades (see attached photos). TMI will erect and maintain the proposed metal accessory building to the same high standards by which we built and maintain our current office. If granted a CUP, the accessory building will be erected in late December 2005 or January, 2006. TMI requires the additional indoor storage for material and small equipment that would otherwise have to be stored outdoors in semi-trailers (approximately 4 or 5 trailers). TMI also requires MPCA approved hazardous material storage. The approved storage would have to be covered and located inside a lined dike. The hazardous material storage would be located under the shed style roof located on the northeast side of the proposed building. The yard is currently used for storage of TMI equipment as outlined in the current CUP put in place in February 15, 2005 (see attached CUP). RECEIVED 9- L 1 1 2005 Contractor for Protective Coatings and Linings for Industry. ❑ HWFR / t Please use our new address: TMI Coatings, Inc. 3291 Terminal Drive Eagan, MN 55121 FIN COATINGS, INC. 2805 Dodd Road • St. Paul, Minnesota 55121-1519 • 651-452-6100 . FAX 651-452-0598 E-mail: tmi@tmicoatings.com • www.tmicoatings.com November 1, 2005 City of Eagan Attn: Sheila Cartney, Planner 3830 Pilot Knob Road Eagan, MN 55122 651-675-5000/651-675-5694 fax RE: Conditional Use Permit Dear Ms. Cartney: Thank you for your notification that the applications review has been completed. In regard to your request for the volumes, types of containers and quantities of hazardous waste stored on site, we are pleased to submit the following. TMI Coatings is considered a "small quantity generator". This requires TMI Coatings to comply by the Minnesota Pollution Control Agencies standards. They are as follows: 1. All of the waste is stored in sealed, 55 gallon steel drums. 2. All hazardous waste must be properly labeled at the time the accumulation begins. 3. All containers of waste must be closed unless the waste is being added or removed. 4. The containers are inspected weekly and a log of the inspections is kept. S. Regular inspections are conducted by the Dakota County Envirorunental Management Department and TMI has a good working relationship with Dakota County. 6. Because TMI Coatings is considered a small quantity generator, we can only dispose of 1,000 kilograms of material monthly. 7. We typically house no more than 5 drums of material on site at any given time. 8. All waste must be disposed of within 90 days of being generated. If you have any questions or if I can be of further assistance, please don't hesitate to contact me at 651-452-2700. Sincerely, TNITCOA/TINGS,, INC. i~`-C Guido Gliori as:dan imre/eaganOl Contractor for Protective Coatings and Linings for Industry. HWFR / 4;,-e 7 Eagan Boundary Right-of-way Location Map I_J Parcel Area Park Area Building Footprint - 0 o o c 9 p O p ,f t A4 O j-: 0 A - a , 6 e e d ao d~f>} 6 fie D ,3' ~ o. ~t 4 0 o v pads 0 Subject Site _ _ s 0 M Pe eia Q p 8 g4. D ® o o Gz r o d eP ~ r a D O ~ ~ ~ o MUM D4 9 ~ e9 9'~ 6P Q ® ~Qp l° Oq .y -V,' O O D 8 D O 1000 0 1000 2000 Feet Development/Developer. TMI Coatings Inc Application: Conditional Use P Case No.: 08-CU-14-10-05 Map Prepared using FRSI ArcView 3.1. Parcel base map data provided N by Dakota County Office of GIS and Is current as of April 2005. City of Eayn THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development DepaRment not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan TMI Coatings Conditional Use Permit Land Use Map Case No. 08-CU-1410-05 Zoning Map T 1-1 PF 1 Current Zoning: 11 I-1 Limited Industrial 1-1 r° Location J R-1 R-1 n= r AP PD PD Tcot 600 0 6D0 1260 Fast Gam! I-~ Comprehensive Guide Plan IND LD Land Use Map QP LD IND Location o~ t A. LD Current Land Use Designation: ~=3P IND AM IND % mml us mi ois y COUNTY R- IND SA 600 0 600 1200 Feet parcel base map formation prow' y Dakota County Land Survey Departmert June 2007. N g infonnatien mafn4lmed bytity Staff. City of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S - = L'Gt ~ tfS S ~ - 1 I; I N II / 11 ~ ~x ~ ~ I I I 'STING ~UlID;AG ' II. i 1 + } p4zy ,1 1 ~ j o NAL DR Iv a ^f J7 0 N 00 e-- CJ G LL1 O~ Ue L Q ~ n Lim G Q,~ n a 4 f QE as a~ / M 1 I O M ~L1 N O % m 1 Q ~ O O Q ~ 0 Q O Q Z u Q O w_ w r m E CL o Cf U W ^ 1 O l V N - ~ w O tti O r E x r O.! t , ^I i t- ~ n c m ~ Of L \`,t o W Go z x w °o m o 0 0 r a o ~t't 7 s Z co V f ~ V i C 1 ~ w D W 'c J ~0 O I ~ W N < O J~ y z 0 m a rvaw ,ena .o-.a~ ~ .d a a a N O 0 vl s: > > QJ Q7 V W W C 0 0 (r' 3 3 LLJ cn f a a W4M der Wc, C-s, nA+ll moo ,9_.91 IY4!11 im~9 .0-,91 i I { c / / O O o / it/ % W W E ` a .S N m k- o = 3 _0 5 s w s ~ • i ~ ~ w vR X11 \1, a \ 1 \1\ { a WI I i w. sut~ r-s~ j i col 1 Agenda Information Memo December 5, 2005, Eagan City Council Meeting B. CONDITIONAL USE PERMIT - ARZU'S RESTAURANT CONCEPT (HEMANT BHAKTA) ACTIONS TO BE CONSIDERED: To approve (OR direct Findings of Fact for Denial) a Conditional Use Permit to allow on-sale liquor in conjunction with a Class I restaurant at 1304 Town Centre Drive (Town Centre Shopping Center), legally described as Lot 2, Block 1, Town Centre 70 2nd Addition, in NW 1/4 of Section 15, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ The applicant proposes to establish a Class I restaurant with on-sale liquor in one of the tenant spaces within the Town Centre shopping center at 1304 Town Centre Drive. ➢ The proposed restaurant will be located in the southwest portion of the building and would occupy approximately 3,250 square feet. ➢ The zoning code allows on-sale liquor as a conditional use in the CSC, Community Shopping Center, zoning district. A liquor license is also required for on-sale liquor. ➢ A CUP for on-sale liquor was previously approved in 1986 (Hunan Garden). However, that tenant vacated the site more than a year ago and as a result, the 1986 CUP expired. ➢ This site appears to be consistent with licensing requirements. The property is guided and zoned for retail commercial uses, and the on-sale liquor is proposed in conjunction with a Class I restaurant. ➢ There are no protected uses (i.e., daycare centers, schools, churches) within 300 feet of the site. ➢ The property owner signed this application, consenting to the on-sale liquor request. ➢ The APC held a public hearing on November 22, 2005 and did recommend approval of the CUP. ISSUES: None 60 DAY AGENCY ACTION DEADLINE: December 17, 2005 ATTACHMENTS (2): November 22, 2005 APC Minutes, page6 Staff Report, pages through City of Eagan Advisory Planning Commission Meeting Minutes November 22, 2005 Page 4 B. Arzu's Restaurant Applicant Name: Arzu's Restaurant Concept Location: 1304 Town Centre Drive; Lot 1 & 2, Block 1, Town Centre 70 2nd Addition Application: Conditional Use Permit A Conditional Use Permit for on-sale liquor in conjunction with a restaurant. File Number: 15-CU-15-10-05 Member Dugan stated he will abstain from voting on this item. Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated November 4, 2005. She noted the background and history. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl stated there are other liquor licenses in the area, therefore the proposed is compatible. Member Chavez moved, Member Hansen seconded a motion to recommend approval of a Conditional Use Permit to allow on-sale iquor in conjunction with a Class I restaurant at 1304 Town Centre Drive (Town Centre Shopping Center), legally described as Lot 2, Block 1, Town Centre 70 2nd Addition, in NW '/4 of Section 15 subject to the following conditions: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and-regulations. All voted in favor. Motion carried 5-0 Member Dugan abstained from voting on this item. APC members wished the applicant luck with the new restaurant. PLANNING REPORT CITY OF EAGAN REPORT DATE: November 4, 2005 CASE: 15-CU-15-10-05 APPLICANT: Arzu's Restaurant Concept HEARING DATE: November 22, 2005 PROPERTY OWNER: SCD Eagan Town APPLICATION DATE: October 18, 2005 Center, Inc. REQUEST: Conditional Use Permit PREPARED BY: Pamela Dudziak LOCATION: 1304 Town Centre Drive COMPREHENSIVE PLAN: SA, Special Area 4 ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow on-sale liquor in conjunction with a Class I restaurant at 1304 Town Centre Drive (Town Centre Shopping Center), legally described as Lot 2, Block 1, Town Centre 70 2" d Addition, in NW '/4 of Section 15. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 4D provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be hannonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. Planning Report - Arzu's Restaurant Concept November 22, 2005 Page 2 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 4D, Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The property was platted in 1985 and the shopping center was constructed in 1986. A Conditional Use Pen-nit for on-sale liquor was previously approved for this site in 1986 (Hunan Garden). However, that tenant vacated the space more than a year ago and as a result, that CUP has expired. The applicant is leasing a space within the shopping center for a Class I restaurant, Genghis Grill. EXISTING CONDITIONS The shopping center contains retail and service tenants in a 98,000 sq. ft. building. There is another Class I restaurant (Old Chicago) with a conditional use pen-nit for on-sale liquor within the shopping center. The center is nearing completion of a remodeling project involving both the building exterior and fagade, as well as modifications to the parking lot configuration. Planning Report - Arzu's Restaurant Concept November 22, 2005 Page 3 SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Grocery store CSC, Community Shopping SA, Special Area (Rainbow) Center South Retail store (Kohl's) CSC, Community Shopping SA, Special Area Center East Retail PD, Planned Development SA, Special Area West Retail CSC, Community Shopping SA, Special Area Center EVALUATION OF REQUEST Proposal - The applicant proposes to establish a Class I restaurant with on-sale liquor in one of the tenant spaces within the Town Centre shopping center at 1304 Town Centre Drive. The property is currently zoned CSC, Community Shopping Center, and is guided SA, Special Area. Within the Special Area Plan, this property is designated for retail/commercial uses. The applicant's narrative states that the business will be a "full service restaurant and bar." The proposed restaurant will be located in the southwest portion of the building and would occupy approximately 3,250 square feet. City Code Requirements - The zoning code allows on-sale liquor as a conditional use in the CSC, Community Shopping Center, zoning district. In addition, Chapter 5, Business Licenses, requires a liquor license for on-sale liquor. In addition to establishing the conditions of operation, the license requirements include: Subd. 5. No person under the age of 18 years shall be employed upon premises except as musicians or to perform the duties of a busboy or dish-washing services in a place defined as a restaurant. Subd. 8. No license shall be granted for any building within 300 feet of any nursery, elementary or secondary school structure; daycare center structure; or church structure, except as provided herein. A license may be granted for any building within 300 feet of any of the above listed uses when the proposed license premises and listed uses are located within the same zoning district and planned commercial development. Subd. 10. On-sale licenses shall be granted only to hotel's, traditional restaurants and clubs. Planning Report - Arzu's Restaurant Concept November 22, 2005 Page 4 Subd. 11. All on-sale licenses shall be for premises situated in a commercial or industrial use district under a conditional use permit No license shall be held for more than two years without being used. Evaluation - This site appears to be consistent with licensing requirements. The property is guided and zoned for retail commercial uses, and the on-sale liquor is proposed in conjunction with a Class I restaurant. There are no protected uses (i.e., daycare centers, schools, churches) within 300 feet of the site. The property owner signed this application, consenting to the on-sale liquor request. SUMMARYICONCLUSION In sumlmary, Arzu's Restaurant Concept is requesting approval of a Conditional Use Pen-nit to allow on-sale liquor in conjunction with a Class I restaurant at 1304 Town Centre Drive. The proposal satisfies the location standards of the ordinance, and the operational standards are set out in the licensing section of the ordinance. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to allow on-sale liquor in conjunction with a Class I restaurant at 1304 Town Centre Drive (Town Centre Shopping Center), legally described as Lot 2, Block 1, Town Centre 70 2nd Addition, in NW '/4 of Section 15. If approved, the following conditions shall apply: 1. The Conditional Use Permit shall be recorded at the Dakota County Recorder's Office within 60 days of approval. 2. On-sale liquor sales shall comply and be operated in accordance with all relevant state laws and regulations. Eagan Boundary Parcel l Area Location Map Right way Park Area Building Footprint I a _ ;ate Subject Site o 0 Q fl ° 1) Mau Cq Q 6 s r C3 0 ; a B ,8 I~ C a D i D- 0 Do a Oa~4 C3 C~-~7 6 Qq Q 4 a e p E3 Q? 6 ' (1 oa~Od 0 6~ 0 M 6 b D° r q 4 0 :D G' Q ° oP d p ,O Q p O _ t ~ C tS IS O i o ail} v` P ~b 4~ O q 0 ~o d ° ~ ° o o~ Qe s' o a o • mod. ❑ ~ d O "43 r- _ qp~ p0 O ~ G a aoD o . a p 5 CDP a = o x ` a t 9 q g W t d o p'~.t' 6 p o p ' ~~rn~ 1~ ,ter, o _ ~ 0 - . 0 .tip, o p = wo 1000 0 1000 2000 Feet Development/Developer.. Arzu's Restaurant Concept Application: Conditional Use Pe IPA- Case No.: 15-CU-15-10-05 Map Prepared using ERSI PrcView 3.1. Parcel base map data provided N 4111~ by Dakota County Office of GIS and is current as of April 2005. City of Eap THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E The City of Eagan and Dakota County do not guarantee.the accuracy of this information and are 11115"'' Community D.v.lopm.nt D.partm.nt not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Land Use Map Arzu's Restaurant Concept Conditional Use Permit Case No. 15-CU-15-10-05 Zoning Map PD 1i ri- ~ = COUNTY ROAD N030 (YANKEE DOODLE ROAD( PD PD fPD Current Zoning: csc CSC ommunity Shopping Center I Cs Csc ocation PD 4 Csc PD Pf PD PD F coo 0 coo 12OO hel = [AV R-7 Comprehensive Guide Plan SA ~Y) Li Land Use Map CO- ROAD NO-(YANKEE DOODLE ROAD( SA SA SA SA SA SA Current Land Use Designation: SA SA SA SA Location Special Area 4 „ L /19S. 4 L SA SA SA FM I SA 600 D too Izoo F..t r F-J-~ F-F-O AR parch beF. map informR on prov{ y DRkma County Land S-y DRp-rtm.rt June 2007. N to nformation mRint~in.tl bytity Stsft City of Eagan W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S a44gg dS~! ti7 O e.i O N b U Z CD 6 G C) H Lu y i I w JI V I U i Lam-- I LLJ ~rt^l0 ~y - DENMARK AVE- ~•~~^~Q z I) I I I ! I 111 HIM fill I I 1 :5 l WALGREEN'S" I l l I _ °0 6 r{t OI OyN 55rr i OFFICE ~Z}}~ I DEPOT +t~~ Ile 1,i 4 I ~ ; ~ieii t n11L1lll H11111HHH1nmllinlgHH10 n <s ~ ~~6 u g µ a nlullllllllul u!llCin u u l m nrraru PROPOSED HHHHHHHHH GENGHIS ~~dp nlllllllllllllllllllign / GRILL TWU d yw OLD y CHICAGO J U ~g s=ue ago UJI~ i. U /63 ° A2 b ce0 g ~ SITE PLAN uz QU g~ a Agenda Information Memo December 5, 2005 C. APPROVE ON-SALE LIQUOR AND SUNDAY LICENSE FOR ARZU'S RESTAURANT CONCEPT, INC. DBA GENGHI'S GRILL, 1304 TOWN CENTRE DRIVE ACTION TO BE CONSIDERED: To approve the on-sale liquor and Sunday license for Arzu's Restaurant Concept, Inc. dba Genghi's Grill, 1304 Centre Drive, subject to receipt and review of all applicable documents. FACTS: ➢ The owners of Arzu's Restaurant Concept, Inc., Hemant Bhakta, Sheilash Bhakta and Kirit Bhakta, have applied for an on-sale liquor and Sunday license with the City of Eagan. The restaurant will be located in the tenant space that formerly housed the Hunan Garden. ➢ The establishment is scheduled to open January 15, 2005. ➢ The application should be approved subject to receipt and review of all required documents by City staff and the Police Department. ATTACHMENTS (0): ~6 ~ Agenda Information Memo December 5, 2005, Eagan City Council Meeting D. CONDITIONAL USE PERMIT - KWIK TRIP, INC. ACTIONS TO BE CONSIDERED: To approve (OR to direct Findings of Fact for Denial) a Conditional Use Permit to add a 315 square foot building addition to the Kwik Trip at 3145 Dodd Road, legally described as Lot 1, Block 1, Kwik Trip Addition in the NW'/4 of Section 12, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: ➢ Kwik Trip is proposing to construct a 10' x 28' kitchen addition to the south side of the building. Because the truck stop/motor fuel station operates under an existing Conditional Use Permit, Kwik Trip, a new Conditional Use Permit is necessary to amend the previous approvals. ➢ The addition is proposed to be of the same tan/red brick with a pitched roof and asphalt shingles to match the existing store. ➢ Kwik Trip proposes to relocate the internal median that separates the diesel truck fueling area from the automobile traffic. The median will be shifted south to provide a 20-foot wide two-way drive lane around the building addition. ➢ The adjustment in the median will restrict vehicle movement around the north side of the truck fueling canopy. The applicant states it "will not be affected by the move" because there is no fueling position on the end of the northern diesel dispenser. ➢ Parking is not affected by the kitchen expansion. ➢ The APC held a public hearing on November 22, 2005 and did recommend approval of the CUP. ISSUES: ➢ The City Council may want to amend Condition #2 to require that the relocation of the curb/median be completed prior to commencing construction of the building addition. 60 DAY AGENCY ACTION DEADLINE: December 18, 2005 ATTACHMENTS (2): November 22, 2005 APC Minutes, page 46 Staff Report, pages through ~ 5~ City of Eagan Advisory Planning Commission Meeting Minutes November 22, 2005 Page 6 D. Kwik Trip Applicant Name: Kwik Trip Inc Location: 3145 Dodd Road; Lot 1, Block 1, Kwik Trip Eagan Addition Application: Conditional Use Permit A Conditional Use Permit to build addition of approximately 315 sq.ft. for kitchen space. File Number: 12-CU-16-10-05 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated November 15, 2005. She noted the background and history. Sam Van Tassel, Kwik Trip, stated they would like to increase the kitchen area of their existing facility in order to respond to an emerging convenience gas industry trend that is demanding a higher volume of food service. Chair Heyl opened the public hearing. There being no public comment, Chair Heyl closed the public hearing and turned the discussion back to the Commission. Chair Heyl stated the access and median have been worked out with the property owners and the City Engineer. Member Hansen moved, Member Dugan seconded a motion to recommend approval of a Conditional Use Permit to add a 315 square feet building addition to the Kwik Trip at 3145 Dodd Road subject to the following conditions: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The existing curb within the site shall be relocated as shown on the Site Plan dated November 7, 2005, and a 20'foot wide two-way drive lane maintained south of the proposed building addition. 3. The building shall be constructed of the same tan/red brick with a pitched roof and asphalt shingles to match the existing store. All voted in favor. Motion carried 6-0. V. OTHER ITEMS There were no Other Items to discuss. VI. VISITORS TO BE HEARD (FOR THOSE NOT ON AGENDA) There were no visitors to be heard for items not on the agenda. /~6 PLANNING REPORT CITY OF EAGAN REPORT DATE: November 15, 2005 CASE: 12-CU-16-10-05 (revised Nov. 17, 2005) APPLICANT: Kwik Trip, Inc. HEARING DATE: November 22, 2005 PROPERTY OWNER: Kwik Trip, Inc. APPLICATION DATE: October 19, 2005 REQUEST: Conditional Use Permit PREPARED BY: Pamela Dudziak LOCATION: 3145 Dodd Road COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Conditional Use Permit to allow a 315 sq. ft. building addition to add kitchen space to the Kwik Trip at 3145 Dodd Road, legally described as Lot 1, Block 1, Kwik Trip Addition in the NW 1/4 of Section 12. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivisions 4C and 41) provide the following. Subdivision 4C states that the Planning Commission shall recommend a conditional use permit and the Council shall issue such conditional use permits only if it finds that such use at the proposed location: I . Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the City. 2. Will be harmonious with the general and applicable specific objectives of the Comprehensive Plan and City Code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. 4. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Subdivision 41), Conditions, states that in reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the Comprehensive Plan. In all cases in which conditional uses are granted, the Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. BACKGROUND/HISTORY The property was platted in 1998 and the Kwik Trip was constructed the same year. There are three Conditional Use Permits pertaining to this development: (a) for a truck stop; (b) for motor fuel sales; and (c) for a pylon sign, all of which were approved in 1998. EXISTING CONDITIONS The site is developed with a motor fuel station, convenience store and car wash. There are two fueling areas, one consisting of gasoline pumps for automobiles, pickup trucks and vans, and a separate diesel canopy for fueling of diesel trucks. A single bay oversized car wash is located on the north end of the building, with the car wash entrance from the south along the west side of the building. The retail component includes convenience items and food sales. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: /~O Existing Use Zoning Land Use Designation North Starks Restaurant I-l, Limited Industrial IND, Limited Industrial South TIP (Outdoor storage of I-1, Limited Industrial IND, Limited Industrial semi-trucks and trailers East Motor Fuel Station; GB, General Business; RC, Retail Commercial Television Service Labs NB, Neighborhood Business West Power Brake & 1- 1, Limited Industrial IND, Limited Industrial Equipment Company EVALUATION OF REQUEST Description of Proposal - Kwik Trip is proposing to construct an addition to the south side of the building. Because the truck stop/motor fuel station operates under an existing Conditional Use Pennit, Kwik Trip, a new Conditional Use Permit is necessary to amend the previous approvals. The proposed addition extends 10 feet out from the building, and is 28 feet long. According to the applicant's narrative, "the proposed kitchen addition will not change the current site use." Elevations - The addition will also tie into existing elevations. The building is proposed to be of the same tan/red brick with a pitched roof and asphalt shingles to match the existing store. Access/Street Design - There is an existing concrete median between the truck fueling area and the store. This median separates truck and passenger vehicle traffic. Kwik Trip proposes to relocate the median, shifting it to the south to provide a 20-foot wide two-way drive lane around the building addition. It is desirable to maintain two-way traffic flow through the site in this location in anticipation of access restrictions to Hwy. 149 in the near future, and because the entrance to the car wash is from the south along the west side of the building. The proposed adjustment in the median location will restrict vehicle movement around the north side of the truck fueling canopy. The applicant states "the last diesel dispenser does not have an outside fueling position and will not be affected by the move." Parking - Parking is not affected by the kitchen expansion. The proposed addition does not eliminate any existing parking stalls, nor does it add to the retail floor space or increase seating capacity in the restaurant area. SUMMARY/CONCLUSION The applicant is requesting approval of a Conditional Use Permit to allow a 315 square foot building addition to the Kwik Trip at 3145 Dodd Road. The proposed addition utilizes exterior materials to match the existing building and does not affect parking. The existing curb that separates the automobile service area from the truck fueling area will be shifted to the south to maintain a two-way drive lane around the proposed addition. Because the Kwik Trip operates /0/ 9 under an existing CUP for motor fueling station and truck stop, expansion of the building requires a new CUP. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to add a 315 square foot building addition to the Kwik Trip at 3145 Dodd Road, legally described as Lot 1, Block 1, Kwik Trip Addition in the NW '/4 of Section 12. If approved, the following conditions shall apply: 1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of approval by the City Council. 2. The existing curb within the site shall be relocated as shown on the Site Plan dated November 7, 2005, and a 20'foot wide two-way drive lane maintained south of the proposed building addition. 3. The building shall be constructed of the same tan/red brick with a pitched roof and asphalt shingles to match the existing store. W` Kwik Trip, Inc. 1626 Oak Street • P.O. Box 2107 .q~ La Crosse, WI 54602.2107 Phone: (608) 781-8988 • Fax: (608) 781-8950 f ' -To serve our customers and community more effectively than anyone else by treating our customers, co-workers and supplrers as we, personalty, would like to be treated." November 7, 2005 Pamela Dudziak City of Eagan, MN Community Development - Planning Division 3830 Pilot Knob Road Eagan, MN 55122 RE: Conditional Use Perrnit for kitchen addition to Kwik Trip TraYel Ccrter, Eagan, ~T Dear Ms. Dudziak, Per our phone conversation on November 4, 2005 this letter is intended to accompany the revised site plan. After field verification of the existing median and gas/diesel canopy locations, we have revised our site plan to accommodate better vehicular circulation on site. Currently, the median acts as a separation between the truck and passenger vehicle traffic. Kwik Trip does not want to lose this separation and is proposing the median be relocated as shown on the revised site plan. The last diesel dispenser does not have an outside fueling position and will not be affected by the move. The possibility of turning the drive aisle to a one way was discussed, however, with the likelihood of our access from Hwy 149 becoming a right in/ right out only, we need to retain the greatest ease of movement on site as possible. Please feel free to contact me at 608-793-6461 if you have additional questions or comments. Sincerely, Leah Nicklaus Berlin Store Engineering Kwik Trip, Inc. LAAutoCad Drawings\662 EaganXitchen Addition 10-10-05\Letters\Eagan Planning Department 11-7-05.doc Kwik TripTm Stores * Kwik Starrm Stores' Convenience Transportation7lA, LLC * Tobacco Outlet Plus rm Hearty PlatterTTM * Hearty Platter CafeTM * Hot Spot rm * Hot SpotTM Plus /7/ Kwik Trip, Inc. 1626 Oak Street - P.O. Box 2107 LaCrosse, WI 54602-2107 Phone: (608) 781-8988 • Fax: (608) 781-8950 • www.kwiktrip.com ru. • ' ' 'To serve our customers and community more effectively than anyone else by treating our customers, co-workers and suppliers as we, personally, would like to be treated." October 18, 2005 Pamela Dudziak City of Eagan, MN Community Development - Planning Division 3830 Pilot Knob Road Eagan, MN 55122 RE: Conditional Use Permit for kitchen addition to Kwik Trip Travel Center, Eagan, MN Dear Ms. Dudziak, Kwik Trip, Inc. is requesting consideration by the City of Eagan to amend our existing Conditional Use Permit for the Kwik Trip Travel Center located at 3145 Dodd Road (Hwy 149) in Eagan, MN. Due to the success of the Eagan location, the current food preparation area is unable to accommodate the current and projected food sales volumes. Kwik Trip is proposing to amend the Conditional Use Permit to add approximately 300-315 square feet to the existing building footprint in order to build a larger kitchen and food preparation area. The current land use for the subject parcel is Limited Industrial, with most recent proposed land use maps showing the parcel to remain in that classification. The current zoning on the parcel is I-1 (Limited Industrial), with the same zoning classification proposed to remain. Kwik Trip currently operates this site as a Travel Center with automotive gas and diesel fueling, as well as hot and cold food and beverage selections. The proposed kitchen addition will not change the current site use and Kwik Trip does not anticipate any additional impact to surrounding land uses. Per the submission checklist, Exhibit 1 illustrates the surrounding land uses with in 660 feet of the Kwik Trip site. As illustrated on the'enclosed building elevations (see sheet A8), the proposed kitchen addition will be of the same tan/red brick, and tan stucco to match the existing store structure. The concrete sidewalk will continue to wrap around the proposed building. The building will tie into existing elevations and no additional grading will be required. The kitchen will also tie into existing building utilities including water and sanitary sewer. The site was landscaped in accordance with City standards at the time of original construction in 1999. It is understood, per discussions with City staff, that a landscaping plan is not required at this time. As illustrated on the site plan (see sheet A2), the building will not encroach on any existing setbacks or easements. It will also not alter existing drainage patterns nor increase the exiting impervious cover on site. There are also no wetland or tree preservation impacts on site. ` /~nL RECE!VE^ r "T v 7`!UJ n Planning Department 10-18-05.doc a L:\AutoCad Drawings\662 Eagan\Kitchen Addition 10-10-055U-=511~ Kwik Trip, Inc. IfWIA- 1626 Oak Street • P.O. Box 2107 La Crosse, WI 54602-2107 Phone: (608) 781-8988 • Fax: (608) 781-8950 • www.kwiktrip.com '(M `To serve our customers and community more effectively than anyone else by treating our customers, co-workers and suppliers as we, personally, would like to be treated. " It is Kwik Trip's desire to begin construction of the new kitchen addition immediately following approvals from the City of Eagan. Past experience indicates the building addition could be completed in 3 to 5 weeks from the start of construction. On behalf of Kwik Trip Stores, we thank you for your time and consideration regarding our proposed expansion. Sincerely, Leah Nicklaus Berlin Store Engineering Kwik Trip, Inc. L:\AutoCad Drawings\662 Eagan\Kitchen Addition 10-10-0~\LgterslEagan Planning Department 10-18-05.doc f/IJL3 I Eagan Boundary N Right-of-way Location Map Parcel Area Park Area ~ Building Footprint a ~ o o - 3 a DL] - 0 p r O o Q D ° -r s, z < ~ .o p ~ a o e © _ 7 ~ a p 9W i Sub-ect Site o p o IZS.- Lill •b a o o sY~m ,frD. ~ o° oo°° o 0 Q p o ° o y . 0 5 it Cd -`F v ~ O © QO Q 4 v B o o a ' PIN o ~ aoa a ° 1DDD D 1ODD 2DDD Feet Development/Developer. Kwik Trip Application: Conditional Use P Case No.: 12-CU-16-10-05 Map Prepared using E ArcV . Parcel base map data provided N lqb~ bi' Dakota County O 1 o GIS and is current as of April 2005. City of Eap W E THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County d° not guarantee the accuracy of this information and are S Cemmunlty Development Department not responsible for errors or omissions. Current Zoning and Comprehensive Guide Plan Kwik Trip Land Use Map Conditional Use Permit Case No. 12-CU-16-10-05 A PD Zoning Map b J PD A i.1 1.1 PD at+r Current Zoning: Location Limited Industrial 11 Ns P Lf f.4 R-1 M1p R-3 I-1 1.1 R-1 1-1 too O LDO 1200 F.et T~ P Comprehensive Guide Plan b SA Land Use Map RC SA IND IND RC a•a Location Current Land Use Designation: I.D R MD +?G IND ocation Limited Industrial y MD IND IND I 1_1_j IND IND P IND bD0 O fD0 1200 F- ~ P parcel Wse map info anon ro»d my unty Lsnd Survey oepartmeK June 2003. N ' inl0rm Inainiained byCity Stall. City of Eagan E THIS MAP IS INTENDED FOR REFERENCE USE ONLY i Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. 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H31000 JO 4OWMx3 N011VONnO-4 3H1 JO MIS= ~3H1 NONj ]2IV SNO?SN3JMl0 NI-H!)nOd 1lV >3 Saal om D III vadl Wr rain 3n iron tl3333ed w, .3 1 T, ..v-,a lxna/'av 'au u1nd aen 33u wWna 3w "Weo isaw • . l 001 531}hYC3k '91J 9Nf71i3 5T1YM 3AH NOQId 3VM NOON IN THIGHHOS HSIAIIA NOON Agenda Information Memo December 5, 2005, Eagan City Council Meeting E. HEARING TO CONSIDER REVOCATION OF A CONDITIONAL USE PERMIT FOR 4871 BISCAYNE AVENUE MAGNUM TOWING (KEVIN MELLON). ACTION TO BE CONSIDERED: To close the hearing and authorize staff to prepare findings for the revocation of the Conditional Use Permit for outside storage on Lot 3, Block 1, Halley's 1St Addition located at 4871 Biscayne Avenue. or To close the hearing and authorize staff to prepare a Resolution directing no revocation of the Conditional Use Permit on Lot 3, Block 1, Halley's 1St Addition located at 4871 Biscayne Avenue. FACTS: ➢ At its meeting of November 1, 2005, the City Council continued consideration of this item to permit review of additional information and a legal memo submitted by Mr. Mellon's attorney. Mr. Mellon has resubmitted his attorney's letter, additional information pertaining to another impound lot in Eagan, and a DVD with brief video excerpts from an APC meeting (believed to be in 1992) regarding the Magnum CUP. ➢ On December 17, 1985, the City of Eagan approved a Conditional Use Permit for outside storage of impounded and/or towed vehicles for Kevin Mellon of Magnum Towing for Lot 3, Block 1, Halley's 1St Addition at 4871 Biscayne Avenue. ➢ The original approval called for periodic reviews of the CUP which were performed through 1992. The City Attorney subsequently advised that CUP's could not have set terms and, as a consequence, the most recent action relative to the property was the City Council action on March 2, 1992. A copy of the CUP reflecting that action is included in the attachments below. ➢ On the basis of a complaint received in 2000, the City performed an investigation of operations at the property and found violations resulting in the issuance of citations that were heard in District Court in 2001. The court at that time found Mr. Mellon to be in violation of two counts under the citation, a fine was imposed. /90 ➢ In May of 2005, the City again received a formal complaint regarding storage alleged to be in violation of the CUP and other zoning violations at the site. An investigation was performed, violations, some existing since 2001, were identified and the property owner was given an opportunity to correct the violations. Upon re-inspection after the correction deadline of September 5, 2005, a substantial number violations remained. ➢ At their regular meeting of September 20, 2005, the City Council scheduled a hearing to consider the possible revocation of the CUP for November 1, 2005. ➢ An additional inspection of the site was performed in preparation for the December 5 Council meeting and the conditions that gave rise to the notice of non-compliance remain to be corrected. ISSUES: ➢ The Conditional Use Permit approved in 1985 stipulated that the permit would expire two (2) years from the date of Council approval. While this illustrates that the City Council intended the use to be temporary, the City Attorney has since advised that time limits cannot be placed on a CUP and, as a consequence, CUPs continue in force until such time as they are abandoned for one year or more or the City Council determines that the conditions of the CUP are not being met. ➢ The property owner has had well over three months to respond specifically to the August 5, 2005 violation warning and several years to correct the situation that resulted in a conviction and fine in 2001. ➢ The property owner's attorney has submitted information regarding the compliance of another property owner with a CUP elsewhere in the City. Staff has begun an investigation of those concerns, but that investigation does not relate positively or negatively on the Council's consideration of the property owner's compliance with the CUP in this case. ➢ The DVD submitted by Mr. Mellon lacks context in that it shows only brief discussion excerpts from a 1992? APC meeting. The DVD does not contain any video of the subsequent City Council meeting where the actual CUP was approved; however, the minutes from the March 1992 City Council meeting are attached below. ➢ After further review of Mr. Mellon's files, staff has found (and attached) a previous enforcement letter dated June 1, 1995 that outlines an inspection history and violations that mirror the current situation. ATTACHMENTS: (7) Property owner's attorney's memo and other information on pages through M.r2 City Attorney's memo on pages I. ' through t 9 1' Mr. MelIon's DVD is not included but can viewed at City Hall, if desired. ~U 1995 Enforcement letter on page. October 5, 2005 letter to the property owner outlining existing violations and notice of revocation hearing on page through e~Q District Court Judge Lacey's 2001 Findings of Fact and Order on pagesak/ through December 17, 1985 Council Minutes for Conditional Use Permit on page . March 2, 1992 Council Minutes and Conditional Use Permit on pages through,. Hard copy of PowerPoint presentation attached w/out page number. Daniel Weatherly Attorney At Law` 1178 167th Street Hammond, Wisconsin 54015 715-977-0279 November 1, 2005 Ms. Sharon K. Hills City Attorney for the City of Eagan Suite 600 7300 West 147th Street Apple Valley, Minnesota 55124-7580 VIA ELECTRONIC MAIL ONLY Re: Memorandum in Opposition of the Revocation of Magnum Towing's Conditional Use Permit Dear Ms. Hills: I have been retained by Rita and Kevin Mellon (d/b/a Magnum Towing) on an emergency basis for the exclusive purpose of representing them at the November 1, 2005 City of Eagan City Council hearing regarding the possible revocation of Magnum Towing's Conditional Use Permit. Magnum Towing (hereinafter "Magnum") recently became aware of several concerns that the City of Eagan (hereinafter "the City") has with respect to Magnum's Biscayne Avenue impound lot (hereinafter "the lot"). Magnum is willing to work with the City to further clarify, discuss, and given a reasonable amount of time, resolve any alleged or perceived problems the City has with the impound lot. Without the Conditional Use Permit (hereinafter "CUP"), Magnum will not be able to maintain essential operations and will cease to exist. The revenue generated by Magnum constitutes the sole support for the entire Mellon family which is comprised of four school-aged minor children and two adults. If Magnum's CUP is revoked Mr. Mellon will no longer have the ability to support his family. The stakes could not be any higher and with this in mind, Magnum remains ready and willing to work with the City to address the City's concerns. Thus, any proceedings aimed at revoking Magnum's CUP are unnecessary and premature. Other viable solutions are available and Magnum asks that the City make a good faith effort to explore such alternative solutions. Alternatively, please be advised of the issues raised in the attached memorandum. Thank you for your time and consideration in this matter. Very truly yours, Daniel Weatherly *Admitted in Minnesota 'Not admitted in Wisconsin IS-3 MEMORANDUM IN OPPOSITION OF THE REVOCATION OF MAGNUM TOWING'S CONDITIONAL USE PERMIT 1. The Conditional Use Permit Was Specifically Granted to Allow Long-Term Storage of Vehicles, Trailers, etc.: Magnum Towing (hereinafter "Magnum") is in possession of a video taped recording of the January 22, 1991 meeting of the City of Eagan Advisory Planning Commission (hereinafter "the Commission") wherein Mr. Mellon appeared before the commission and discussed renewal of Magnum's Conditional Use Permit (hereinafter "CUP"). In the video, Mr. Mellon clearly advised the zoning committee that Magnum needed the CUP to accommodate various customer's potential needs for long-term outdoor storage of impounded or towed vehicles, trailers, boats, snowmobiles, and anything else that could be found on a road or parking area. The zoning committee was on notice of the need for long-term outdoor storage of impounded vehicles and the like. At one point during the hearing, in clarifying definition of the word "vehicles" as listed in condition number two on Magnum's CUP, Mr. Gary Graves of the Advisory Planning Commission expressly stated that "I think the intent is to snake sure we don't just limit the business to cars and trucks." In further clarifying the intended definition of the word "vehicles," Mr. Graves further stated the term "vehicles" meant "Things that you could be contracted for by any agency to come to tow away off the streets typically or out of parking lots or parking areas." Additionally, another Commission member sitting one seat to Mr. Grave's right side (this Commission member's name plate was not clear enough to read on the video) further clarified the intended definition of the word "vehicles" listed in condition number two of the CUP as being "motor homes, trailers, tractors, campers, boats as well as cars and trucks." Based on information and belief, the City of Eagan City Council granted Magnum's CUP exactly as recommended and discussed by the Advisory Planning Commission. The above remarks of the Commission members regarding the intended definition of the word "vehicles" as listed in condition number two of Magnum's CUP make it abundantly clear that Magnum's CUP was intended to allow for the long and short-term storage and impounding of cars, trucks, trailers, motor homes, tractors, campers, boats, and anything else that could be found on a roadway, parking lot, or parking area, etc. Therefore, any allegations that Magnum is in violation of its CUP for allegedly storing any of the aforementioned items on a long or short-term basis is legally a nd factually baseless pursuant to the video taped January 22, 1991 hearing of the City of Eagan Advisory Planning Commission. Any decision to the contrary runs afoul of the intended definition of the word "vehicles" in condition number two of Magnum's CUP as well as the clear purpose and effect of the CUP. The City cannot now arbitrarily and retroactively change the stated definition and meaning of the Magnum's CUP. II. Pursuant to Minnesota Statutes Trailers are Vehicles; Magnum's CUP Expressly Allows for the Storage of Vehicles: The City alleges that Magnum is in violation of its CUP by storing various cargo, semi, and wooden trailers at their lot. However, Minn. Stat. § 169.01 Subd. 2 defines a Igy "vehicle" as including "every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks." Pursuant to plain language of Mimi. Stat. § 169.01 Subd. 2, it is clear that cargo, semi, wooden, and any other type of trailer falls within this statutory definition of a "vehicle" as all trailers are devices which can be utilized to transport property in them or upon them or that can be drawn upon a highway. Further, Subd. 10 of the same statute defines "trailer" as meaning "any vehicle designed for carrying property or passengers on its own structure and for being drawn by a motor vehicle but does not include a trailer drawn by a truck-tractor semitrailer combination or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle, to which it is attached." Minn. Stat. § 169.01 Subd. 10. Similarly, Subd. 11 defines "Semitrailer" as meaning "a vehicle of the trailer type so designed and used in conjunction with a truck-tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck-tractor and includes a trailer drawn by a truck- tractor semitrailer combination." Id. at Subd. 11. Therefore, the City's allegations that Magnum is storing various trailers and that such alleged storage is a violation of their CUP is legally flawed and as Magnum's CUP clearly allows for the storage of impounded and/or towed "vehicles" and all alleged trailers clearly fall within the legal definition of a "vehicle" pursuant to Minn. Stat. § 169.01 Subd. 2, 10, 11. Any holding or decision to the contrary is unreasonable, arbitrary, and without any legal and/or rational basis. III. The City- has Failed to Prove that Magnum is Storing Junk Vehicles: Among other things, the City has alleged that Magnum is engaged in the storage of junk vehicles at the Biscayne lot. Pursuant to Minn. Stat. § 168B.01 I Subd. 3, a "junk vehicle" is defined as a vehicle that: "(1) is three years old or older; (2) is extensively damaged, with the damage including such things as broken or missing wheels, motor, drive train, or transmission; (3) is apparently inoperable; (4) does not have a valid, current registration plate; and (5) has an approximate fair market value equal only to the approximate value of the scrap in it." Aside from generic allegations, the City has failed to present any evidence showing that any of the vehicles at the Magnum impound lot are three years old or older, extensively damaged, apparently inoperable, or that the there are vehicles with a fair market value equal only to the approximate value of the scrap in it. The City has merely made blanket allegations that certain vehicles at the lot are junk vehicles. The City must recognize, /2 observe, and adhere to Minnesota statutory law regarding the definition of a "junk vehicle." The City's generic and blanket allegations regarding junk vehicles at the lot are legally insufficient to prove or even vaguely demonstrate that any of the vehicles at the Biscayne avenue lot are in fact "junk vehicles" pursuant to Subd. 3 of Minn. Stat. § 168B.011. Because the City has failed to provide adequate evidence in this regard, the City's claims that Magnum is storing junk vehicles at the Biscayne avenue lot should be ignored and dismissed. Any other course of action constitutes a misapplication of the prevailing Minnesota statutes. IV. Items Stored in the Beds of Pickup Trucks and/or Stored inside Trailers are the Property of the Truck/Trailer Owner, Magnum Cannot Legally Move or Otherwise Dispose of them: The City has alleged that the contents of some of trucks and trailers allegedly stored at the lot constitute a violation of Magnum's CUP and other City Codes. Magnum has no control over what items a truck or trailer owner has stored in their truck or trailer at the time that it is towed or impounded by Magnum. Magnum has no legal authority to go through the contents of the vehicles and move or otherwise dispose of the person property of the vehicle or trailer owners. In fact, it would be illegal for Magnum to engage in such activity. It defies logic to argue that Magnum's CUP allows for the towing or impounding of a pick-up truck but not for the contents of the truck. V. The City's Code Enforcement is Arbitrary and Selective Constituting a Violation of The Mellons' Guaranteed Right to Equal Protection Under the Law Pursuant to the Equal Protection Clause of the Minnesota Constitution and of the Fourteenth Amendment of the United States Constitution: Based on information and belief, the City utilizes Mark's Towing (located at 3670 Kennebec Dr., Eagan, MN 55122) to handle all of the City's towing needs. Magnum is in possession of photographs tending to show that Mark's Towing has miscellaneous moveable property stored in the bed of a green pickup truck which was parked on the front lawn of the Kennebec impound lot in violation of City Code. Additional photographs indicate that Mark's Towing has trailers stored at its Kennebec impound lot. Yet another photograph shows a green pickup truck parked on the front lawn of Mark's impound lot with no front license plates. Based on information and belief, despite the fact that both Mark's Towing and Magnum are similarly situated in that they operate towing businesses and impound lots in the City of Eagan, apparently the City has not pursued Mark's Towing for violating City Code in connection with the conditions depicted in the photographs mentioned above. Why is the City pursuing Magnum for alleged City Code violations while apparently ignoring the same potential violations at the very impound lot that the City utilizes for its towing and impounding needs? This apparent arbitrary and selective enforcement of the City Code constitutes a violation of the Mellons' guaranteed right to equal protection under the law pursuant to the Equal Protection Clause of the Minnesota Constitution and of the Fourteenth Amendment of the United States Constitution. U VI. Revocation of Magnum's CUP Constitutes a Taking by Inverse Condemnation Thereby Requiring the City to Pay Magnum Just Compensation: The Takings Clause of the Fifth Amendment which was made applicable to the states via the 14th Amendment essentially bars the government from taking private property for public use without just compensation being paid to the private property owner. See generally Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922). One fonn of taking under the Fifth and Fourteenth Amendments occurs when the government, in their regulation of private property, goes too far in their regulation of the property. Id. at 415. A regulation that denies all economically beneficial or productive use of private property will require just compensation under the Takings Clause. Palazzolo v. Rhode Island, 533 U.S. 606, 617 (2001). Further, even where a regulation places limitations on private property which fall short of completely eliminating all economically beneficial use, a taking nonetheless may have occurred. Id. In determining whether or not a regulatory taking has occurred, the courts will analyze the regulation's economic effect on the private landowner as well as the extent that the regulation interferes with the private landowner's reasonable investment-backed expectations. Id.; See also Penn Cent. Transp. Co. v. City of New York, 438 U.S. 104 (1978). Additionally, the courts will look at the character of the government action or regulation in their determination or whether or not a regulatory taking has occurred. Id. Based on information and belief, Magnum has been conducting its towing and impound operations at the lot pursuant to the same or similar CUP since 1988. Since that time, Magnum has tailored its business operations around the existence of the CUP and has come to expect and depend on the CUP continuing in its current state. Additionally, with respect to the economically beneficial use of Magnum's lot, should the City cancel the CUP, Magnum will be unable to perform and support the essential operations of its towing business. The cancellation of the CUP will completely obliterate any economically beneficial or productive use of the lot and will cause Magnum to cease doing business. Further, the City's concerns with the lot bear no rational relation to the health, welfare, morals, or safety of the City of Eagan or its citizens. Cancellation of the CUP will constitute a taking by regulation requiring that the City pay Magnum just "compensation for the lot as well as the value of the Magnum Towing business along with any and all other expenses and appropriate compensation. Magnum stands ready to work with the City to address perceived concerns with the lot and it is Magnum's hope that the City will work with Magnum to resolve the perceived concerns. However, should the City choose to revoke Magnum's CUP, Magnum will be left with no other alternative but to pursue legal action against the City as outlined above. Respectfully submitted, Dated: November 1, 2005 By: Daniel Weatherly Attorney for Kevin Mellon, Rita Mellon DB/A Magnum Towing 1178 167th Street Hammond, Wisconsin 54015 715-977-0279 r µ7, j ~ F I a i t V i I y ^a . r + untitled You Entered: Plate = evg032 Title _ VIN = Record Not on File ! Record found in Purge History Vin Title Plate Purged 2C3ED46F6RH653281 G1730N327 EVG032 2005 Lien File Flag susp Exp RegTax Rep1Yr N 05/02 009900 07 Year make model class color weight Base odometer 94 CHRY 4DNYH 09 GRNGRN 0 NR Owner Doh NIIKURA KIHACHIRO 022870 Address city state zip 2114 FAIRMOUNT AVE 5T PAUL 62 551050000 Page 1 / ?L'~ EXTRACT OF MINUTES OF THE CITY COUNCIL OF THE CITY OF EAGAN DAKOTA COUNTY, MINNESOTA 1384`0 A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road in said City on June 6, 1995 at 7:00 p.m. The following members were present: Egan, Wachter, Awada, Hunter, and Masin; the following were absent: none. Awada introduced the following resolution and moved its adoption: CITY OF EAGAN Resolution approving a Conditional Use Permit allowing Richard Cossette outdoor storage of impounded vehicles for the property described on Exhibit A attached hereto, and attaching conditions thereto WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Eagan has adopted zoning regulations to control land uses and performance standards throughout the City. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that a Conditional Use Permit is hereby approved subject to the conditions as set forth in the Conditional Use Permit attached hereto as Exhibit A and incorporated herein by reference. DATED this 6th day of June 1995. CITY OF EAG AN (Seal) By.. J. VanOverbeke Its C Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member Hunter and upon vote being taken thereon, the following voted in favor: Egan, Wachter, Hunter, Masin, and Awada; and the following voted against the same: none. 9/ EXH1.BIT A CITY OF EAGAN CONDITIONAL USE PERMIT WHEREAS, Richard Cossette has complied with all the requirements of the City of Eagan necessary for obtaining a Conditional Use Permit. NOW THEREFORE, By order of the City Council of the City of Eagan, Dakota County, Minnesota, and by virtue hereof a Conditional Use Permit is authorized as follows: 1. Permitting a Conditional Use for outdoor storage of impounded vehicles within the confines of a "Light industrial" zone. 2: Said Conditional Use Permit shall apply to the following described property: a portion of Lot 6, Block 2, Cedar Industrial Park (PI.D. #10-16800-063-02) 3. Said Conditional Use Permit shall run with the land as long as all conditional use standards are met. 4. Said Conditional Use Permit shall be subject to conformance with the Eagan City Code and with the conditions set forth herein to include, but not limited to: Additional Conditions: 1. The Conditional Use Permit shall be recorded with Dakota County and proof of its recording provided to the City. 2. The site and privacy fence shall be maintained. 3. Outdoor storage of vehicles shall be limited to impounded vehicles; no junk vehicle storage shall be allowed. 4. The vehicle storage shall be screened and no storage shall extend above the screening. 5. The parking/storage area shall be upgraded to current City standards by November 1, 1997. 6. Impounded vehicles shall be stored on site for no longer than 90 days. /9~ SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Eagan City Council FROM: Michael G. Dougherty, City Attorney DATE: December 1, 2005 RE: Mellon-Magnum Towing CUP Revocation Consideration Our File No. 206-22535 MEMORANDUM IN RESPONSE TO MELLON'S MEMORANUM OPPOSING REVOCATION OF CUP INTRODUCTION On November 1, 2005, the City received a letter and memorandum from Daniel Weatherly, attorney for Rita and Kevin Mellon (d/b/a Magnum Towing) (hereinafter referred to as "Mellon"). Mr. Weatherly's memorandum discussed his client's opposition to the revocation of the CUP for Magnum Towing. The CUP revocation hearing before the City Council was originally scheduled for November 1, 2005; in light of receipt of Mr. Weatherly's memorandum, the hearing was continued to December 5, 2005. This memorandum will address each of the arguments in Mr. Weatherly's memorandum in the order provided therein. I. "Conditional Use Permit was specifically granted to allow long-term storage of vehicles, trailers, etc." Mellon argues that the CUP allows for "long-term" storage of impounded or towed vehicles. Mellon supports this argument by asserting that Mr. Mellon clearly advised the Eagan Advisory Planning Commission, at its January 22, 1991 hearing for the renewal of the CUP, that the CUP was necessary for "long-term outdoor storage of impounded or towed vehicles..." However, a discussion of an issue does not, in and of itself, make it a term of the CUP. The terms and conditions of a CUP are those on the face of the permit. The CUP does not provide for "long-term outdoor storage" or storage for any duration. However, it is undisputed that Mellon's intended operation or use of the property is an "impound lot" to store vehicles that Magnum Towing impounds or tows. The term "impounded" or "towed" vehicles denotes, by common usage, a short-term, temporary storage. In fact, the term "impound lot operator" is defined by Minn. Stat. 168B.011, which governs towed or impounded vehicles, as "a person who engages in 1` ,3 impounding or storing, usually temporarily, vehicles...." Further, Merriam Webster's Dictionary of Law defines "impound" as "to take temporga possession The material accumulated by City staff shows that vehicles have remained on the property for a duration greater than the required holding period, thereby converting the use of the property to a junkyard, which is not permitted. Judge Thomas R. Lacy determined in his Findings of Fact and Order, filed October 12, 2001: Minnesota Statute 16813.01 and 16813.101provides for the handling and disposition of abandoned [unauthorized] or junk vehicles. Minnesota Statute §16813.051 provides for the sale of impounded vehicles 45 days after notice to the owner if the vehicle is determined to be an unauthorized vehicle that was not impounded by the City of Minneapolis. Minnesota Statute § 168B.08 covers disposition of abandoned or junk vehicles by the impound lot. The statute provides that after 45 days, the owner of the impound lot may dispose of the impounded vehicle. In this case, the evidence shows that the vehicles remained on the lot by the defendant from September 26, 2000 through April 5, 2001, and in fact, were still present on September 18, 2001, the last date the plaintiffs code enforcement technician inspected the defendant's property. The continued storage of these motor vehicles after they became eligible for sale and disposition by the impound lot owner converts the vehicles from a permitted use under the CUP issued herein to an outdoor storage facility of abandoned vehicles. This converts defendant's property into a junkyard that is not a permitted use under its CUP. Judge Lacy found Mr. Mellon guilty of a violation of the CUP. II. "Pursuant to Minnesota Statutes, trailers are vehicles; Magnum CUP expressly allows for storage of vehicles." The second argument is that the term "vehicle," as defined by Minnesota Statutes, Chapter 169, permits the storage of any type of trailer. Indeed, Minnesota statutes define a "vehicle" as a self-propelled vehicle or any device by which any person or property is transported or drawn upon a highway. This argument, however, ignores the fact that there are numerous other items that are stored on the property which do not fall within the definition of "vehicles," such as: stacks of numerous tires, snowmobiles, scrap metal, plastic, metal frames, engine hoists, metal racks, etc. These items are not permitted to be stored outdoors under the CUP. III. "The City has failed to prove that Magnum is storing junk vehicles." ' Impounded and towed vehicles are eligible for sale or disposal following a short term holding period. Minnesota Statutes, Chapter 168B, provides the permissible time period for the sale and disposal of abandoned, junk and unauthorized vehicles. Minnesota Statutes, Chapter 169 governs the sale and disposal of forfeited vehicles, which may also be towed and impounded. Junk and abandoned vehicles are eligible for disposal or sale fifteen (15) days after notice of impoundment to the owner. An unauthorized vehicle is eligible for disposal or sale forty-five (45) days after notice of impoundment to the owner. A vehicle which is subject to forfeiture pursuant to the State's criminal statutes, may be disposed of or sold after 120 days. / 2 Magnum argues that pursuant to the definition of "junk vehicle" under Minn. Stat. 168B.011, the vehicles stored on Magnum's property do not constitute "junk vehicles" stored in violation of the City Code. This argument is without merit. The violation of outdoor storage of junk vehicles is in violation of City Code, Section 10.51. The City also alleges that Magnum is in violation of the CUP for storage of vehicle parts and tires, and other refuge in violation of Section 10.01. The City Code's definition of junk vehicles specifically provides junk vehicles are those that are deemed to be "unlicensed, unregistered, inoperable or displaying expired registration tabs." Thus, the definition of "junk vehicles" under Minn. Stat. § 168B.011 does not apply. Even if the definition of "junk vehicles" under Minn. Stat. §168B.011, applied, the evidence to be presented by staff will establish that there are certain vehicles stored on the property are: (1) three years or older; (2) extensively damaged; (3) apparently inoperable, without valid, current registration; and (4) nominal fair market value. IV. "The City's enforcement is a violation of Mellon's equal protection rights." Mellon argues that the City's enforcement of the CUP for his property is a violation of equal protection, because the City allegedly is not enforcing a CUP against another property which operates an impound lot and towing services. Mellon's argument is without merit. It is not a defense to Mellon's violation or to the revocation of Mellon's CUP that other violations may be occurring on other properties and that the City is allegedly not enforcing them. Mellon's argument is akin to an argument that he should not be found guilty of speeding because there were other speeding cars on the roadway which the police officer did not stop and issue a ticket. Mellon's argument must also fail because Mellon has failed to present any evidence that the other property is similarly situated to his own, either by the terms of their use, the CUP's or any violations. Moreover, there is no evidence that there are violations on the other property or that the City has or is failing to enforce any violations. V. "Revocation of the CUP constitutes a Taking." This argument is also without merit. While an inverse condemnation may occur when a regulation is imposed that denies all economically beneficial or productive use of the property, the City's enforcement of Magnum's violations of a conditional use permit does not constitute an inverse condemnation or taking. Mellon was granted the right to store impounded and towed vehicles, subject to the terms of a CUP. Mellon's right to use the property is subject to compliance with the permit's conditions. It is not a taking for the City either to enforce the CUP or the conditions of the CUP or to revoke a CUP if violations are found to have occurred. The City has not, by enforcing the condition of the permit, denied all productive use of the property. So long as Mellon complies with the CUP and its conditions, he may use the property as permitted under the CUP. SKFI/jit iof cagan THOMAS EGAN VIA CERTIFIED MAIL Moyor PATRICIA AWADA SHAWN HUNTER June 1, 1995 SANDRA A. MAS1N THEODORE WACHTER Council Members THOMAS HEDGES Kevin Mellon City Adminishotof DBA Magnum Towing 4861 Biscayne Avenue E.J. VAN OVERBEKE City Cleik Eagan, Minnesota 55123 RE: Conditional Use Permit Violation Lot 3, Block 1, Halley's 1st Addition Dear Mr. Mellon: To confirm your conversation with Mike Ridley of our staff, this is the written notice of violation of the conditions imposed by the Eagan City Council for the conditional use permit for outdoor storage on Lot 3, Block 1, Halley's 1st Addition. Specifically, we find you to be in violation of Condition #2, which states "Only outdoor storage of impounded and/or towed vehicles shall be allowed". Field inspections of your site on March 21, 1994, July 22, 1994, September 28, 1994, March 29, 1995, and May 11 and 12, 1995 found a variety of items stored on the site that do not conform with Condition #2. These items have included miscellaneous junk, junk vehicles, semi-trailers, and pull trailers. You were informed in a letter dated October 7, 1994 of the violation of Condition #2 of the conditional use permit and told to remove the items constituting the violation by November 1, 1994. The March 1995 and May 1995 field inspections of the site found that you have not complied with that request, and continue to be in violation of the conditional use permit. By July 15, 1995, remove all items stored on the property that are neither impounded nor towed vehicles, and submit documentation to the City indicating the dates on which impounded and/or towed vehicles were brought to the site and when they will be removed. A field inspection will be conducted after July 15, 1995 to verify compliance with this request. If this inspection finds violations of any of the conditions of the conditional use permit, we intend to begin proceedings for revocation of the conditional use permit. If you have any questions regarding this matter, please contact me or Mr. Ridley at 681-4685. Sincerely, ~risty ; -Man Senior Planner cc: Peggy Reichert, Community Development Director Mike Ridley, Planner Michael Dougherty, City Attorney MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACILITY 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY 350) COACHMAN POINT EAGAN, MINNESOTA 55122-1897 EAGAN, MINNESOTA 55122 PHONE: (612) 681-4600 PHONE: (612) 681.4300 FAX: (612) 681-4612 Equal Opportunlty/Afflrmatlve Action Employer FAX: (612) 681-4360 TOD: (612) 454.8535 g TOD: (612) 454.8535 City of all October 5, 2005 Pat Geagan MAYOR Kevin S. Mellon Rita A. Mellon NOTICE OF CUP VIOLATIONS AND Peggy Carlson DB/A/ Magnum Towing NOTICE OF REVOCATION HEARING Cyndee Fields 4871 Biscayne Avenue Mike Maguire Eagan, Minnesota 55123 Meg Tilley Dear Mr. Kevin Mellon and Ms. Rita Mellon: COUNCIL MEMBERS The City of Eagan sent to you a letter, dated August 5, 2005, notifying you of continuing Thomas Hedges violations of the Conditional Use Permit (hereinafter "CUP") for your property located at CITY ADMINISTRATOR 4871 Biscayne Avenue in the City of Eagan, Minnesota, (hereinafter "Property"). The City demanded that you bring the Property into compliance with the CUP and Eagan City Code. On September 6, 2005, City staff inspected the property to determine compliance and found that violations of the Eagan City Code and the CUP continue to exist on the property. MUNICIPAL CENTER The purpose of this letter is two-fold: (1) you are hereby notified of the violations of the ,830 Pilot Knob Road CUP and Eagan City Code which exists on the Property as set forth in detail below; and Eagan, MN 55122-1810 (2) a hearing will be held on November 1, 2005 at 6:30 p.m. or as soon thereafter as Council business permits to consider revocation of the CUP for the Property. 651.675.5000 phone 651.675.5012 fax BACK GROUND INFORMATION: On March 2, 1992, the Eagan City Council 651.454.8535 TDD granted a Conditional Use Permit ("CUP") for the Property, legally described as Lot 3, Block 1, Halley's First Addition, according to the duly recorded plat thereof. The CUP allows for outdoor storage, subject to the following conditions: MAINTENANCE FACILITY 3501 Coachman Point (1) The permit shall expire two (2) years from the date of Council approval; Eagan, MN 55122 (2) Only storage of impounded and/or towed vehicles shall be allowed; 651.675.5300 phone (3) No "For Sale" sign shall be displayed and no sales or repair operations 651.675.5360 fax shall be conducted at this site; 651.454.8535 TDD (4) The Conditional Use Permit and the City Council Resolution shall be recorded with the Dakota County Recorder within sixty (60) days of approval; and www.cityofeagan.com (5) All other City Codes shall be applicable. A copy of the CUP is enclosed for your review and reference. NOTICE OF VIOLATIONS: On September 6, 2005 and on many occasions over the past several years prior thereto, the Eagan Code Enforcement staff inspected the Property THE LONE OAK TREE and observed numerous violations of the CUP, as well as violations of the City Code, The symbol of which constitute violations of the CUP. strength and growth in our community. 1q~ Mellon October 5, 2005 Page 2 Specifically, you are hereby notified of the following violations which presently exist on the Property: A. Eight specific vehicles are currently being stored on the property that have been on the property since 2002. The following vehicles have been continually stored on the property after they became eligible for sale or other disposition by an impound lot under Minnesota statutes, thereby constituting the storage of junk or abandoned vehicles or the operation of a junk yard in violation of the CUP and the City Code's zoning regulations*: 1) Yellow sedan with black bra, no visible plates, stored along west fence line 2) Older model rusted white sedan, no visible plates, stored along west fence line 3) Black hearse, no visible plates, stored along south fence line 4) Pale blue/yellow rusted van with blue & white round sticker in passenger-side rear window, no visible plates, stored one row in from west fence line 5) CWD 473, maroon/brown sedan, stored along west fence line 6) FMG 012, yellow/wood side station wagon with car top carrier, stored along north fence line 7) LQB 825, green Chevrolet, Corvair, stored along west fence line 8) AEP 033, white with blue GMC Sonoma pick up with rail bed. Stored along south fence line B. Numerous items, other than towed or impounded vehicles, are being stored on the property in violation of the CUP and in violation of th.e City Code**, including, but not limited to the following: 1) Tires, approximately 17 stacks, with approximately 8 tires per stack, stored between two semi trailers along the north fence line 2) Tires, approximately 15 stacks, with approximately 7 tires per stack, stored 1-2 rows south of the north fence line 3) One Yamaha and one Polaris snowmobile, both stored on a trailer along the north fence line 4) Trailer stored at northeast corner of the property, containing wheel and axle 5) Two cargo/semi trailers stored at northeast corner of the property 6) Trailer stored at northeast corner of the property, containing wire and scrap metal 7) Scrap metal and plastic stored in pickup truck beds along north fence line; truck plate numbers BTR 889 and 452 BEH 8) Metal U-shaped frame stored against north fence line 9) Scrap plastic and metal stored in truck topper and bed along south fence line 10) Tire rim stored on top of vehicle by tires noted in (1) 11) Blue tarp along north fence line 12) Engine hoist or metal framework stored in center of lot Mellon October 5, 2005 Page 3 13) Plastic items stored in bed of white GMC pickup, plate number AEP 033 along south fence line 14) Four bumpers stored in engine compartment of black and gold vehicle parked along east fence line (next to engine hoist or metal frame) 15) Large green wooden trailer with scrap metal stored along south fence line 16) Travel trailer stored in southeast comer of property 17) Metal racks stored on top of yellow truck in northeast comer of property C. Outdoor storage of junk vehicles (unlicensed, unregistered, or inoperable vehicles or vehicles displaying expired registration tabs), or vehicle parts and tires, and other refuse, as noted above, is in violation of City Code, Sections 10.01 and 10.51. The City of Eagan has been required to repeatedly address outdoor storage on the Property in violation of the CUP and the City Code. Additionally, in October 2001, Mr. Mellon was convicted of two misdemeanor criminal charges for unlawful outdoor storage without a conditional use permit and unlawful storage of junk vehicles and parts on the Property. City Code enforcement inspections of the Property since October 2001 have revealed continuing violations of the CUP and City Code on the Property. NOTICE OF CUP REVOCATION HEARING. You are hereby notified that based upon the September 6, 2005 inspection of the Property, the City Council, at its September 20, 2005 City Council meeting, set a Hearing to consider revocation of the Conditional Use Permit for the Property on its regular Council meeting agenda for November 1, 2005. Accordingly, the Eagan City Council will hold a hearing to consider revocation of the Conditional Use Permit for the Property on November 1, 2005 at 6:30 p.m. or as soon thereafter as Council business permits at the Eagan City Hall, 3830 Pilot Knob Road, Eagan Minnesota. Be advised that this hearing is your opportunity to be heard and to present any evidence or testimony you may have for the City Council to consider before it makes its decision.. Please bring with you any evidence or witnesses you wish to present on your behalf. Please contact me at (651) 675-5653 should you have any questions regarding this matter. Very truly yours, J n ohenstein Community Development Director cc: Tom Hedges, City Administrator Mary Granley, Senior Code Enforcement Technician Mellon October 5, 2005 Page 4 Sharon K. Hills, City Attorney *Outdoor storage of junk or abandoned vehicles without a CUP is in violation of the CUP and Section 11.60, subd. 14 of the City Code. Operation of a junk yard or an automobile reduction yard or auto wrecking is not a permitted, conditional or accessory use in an I-1 zone Outdoor storage of any moveable property is a conditional use requiring a CUP pursuant to Section 11.60, subd. 14 (C)(11) and 11.50, subd. 4. 10/24/2005 16:03 9524323780 SEVERSON SHELDON PAGE 09/13 12/11/01 a5:U_8 FAX 952 891 7285 DAKOTA CTY DISTRICT CT ; AV CITY ATTSr IM002i006 STATE OF MINNESOTA DISTRICT COURT COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT / State of Minnesota, File No.: T1-01-63020 City of Eagan, Plaintiff, va- FINDINGS OF FACT AM ORDER Kevin S. Mellon, Defendant. The above-captioned matter came on for trial to the Court on. petty misdemeanor charges. The matter was heard by the undersigned on the lat day of October 2001 at the Judicial Center, Hastings, Minnesota. The plaintiff appeared represented by Assistant City Attorney Sharon Hills; the defendant appeared pro an. The Court having heard the evidence produced at trial does now make the following: Findings of Fact 1. That for a period between. September 26, 2000 and April S, 2001 the defendant stored-motor vehicles other than impounded or towed vehicles without first obtaining a. conditional use permit therefore for the FILED DR1~t,~ premises at 4871 Biscayne Avenue, Eagan. VAN A.BROSMM,Cm f 0 L 8 Y _ OS; U 10/24/2005 16:03 952432360 SEVERSON SHELDON PAGE 10/13 12/11/01 15:09 FAX 952 891 7285 DAKOTA CTY DISTRICT CT AV CITY ATTY U003/006 Minnesota, legally described as Lot 3, Block 1, Halleys First Addition according to the plat thereof upon file and on the record in. the office of the County Recorder, Dakota County, Minnesota. 2'. That between the period between September 2000 and April 51 2001 the defendant intentionally parked or stowed motor vehicles that were unlicensed,'unregistered, inoperable, or displayed expired registration tabs at the premises located at. 4871 Biscayne Avenue, Eagan, Minnesota, legally described as set.forth in Finding 1 above. 3. That the defendant is guilty of unlawful outdoor storage under Count Two of the Complaint and unlawful storage of junk vehicles and parts under Count Five of the Complaint. 4. The defendant is not guilty of the charges in Counts One, Three and Four of the Complaint. Order 1. Counts One, Three and Four of the Complaint are herewith dismissed. 10/24/2005 16:03 9524323780 SEVERSON SHELDON PAGE 11/13 12/11/01 15:09 FAX 952 891 7285 DAKOTA CTY n.T.ST,RICT CT > AV CITY Ai11 Q004/006 2. The defendant herein is found guilty of the violation 'of unlawful storage.- Count Two, and unlawful storage of junk vehicles and parts, Count Five. LET JUDGNfENT OF CONVICTION BE ENTERED HEREIN. 3. The defendant shall appear for sentencing by the Court on October 31, 2001 at 9:00 a.m. at the Judicial Center, Hastings, Minnesota. 4. The Court finds that the offenses in Counts One and Two arose out of the same set of facts and that sentence shall be imposed only on Count Two and that no sentence shall be imposed on Count Five. The defendant may submit a monetary fine in the amount of $300.00 prior to.October 31, 2001. In the event that such fine is paid prior to that date and time the defendant need not appear for sentencing. 5. The Memorandum herewith attached forms a part of ,.LI1z,.,Order. .r - Z1. DAT~fi~ti a _ PIP- 2 0 0 i BY COURT R. La Court j e ~03 10/24/2005 16:03 9524323780 SEVERSON SHELDON PAGE 12/13 12/11/01 15:09 FAX 952 89,1, 7285 DAKOTA CTY DISTRICT CT ~ AV CITY A= Q005/D06 Memorandum The defendant was issued a Conditional Use Permit for the property legally described as Lot 3-, Block 1, Halleys First Addition, Dakota County, Minnesota according to the plat thereof upon file and of record in the Office of the County Recorder. The street address of this property is 4871 Biscayne Avenue, Eagan, Minnesota. The conditional Use Permit was issued on March 2, 1992 and has been in existence since such time. The conditional Use Permit, hereinafter "CUP," provided in Section 4(c) that "Only storage of impounded and/or towed vehicles shall be allowed." in Section 4(d) the CUP provided that "no 'for sale' signs shall be displayed and no sales/repair operations shall be conducted at this site-" No evidence has been produced which indicates that the motor vehicles that are stored upon defendant's property and the other vehicles such, as trailers were not brought there as either impounded or towed vehicles. However, Minnesota Statute SS 16813.01-168B.101 provides for the handling and disposition of abandoned or junk vehicles. Minnesota Statute 9 166B.051 provides for the sale of impounded vehicles forty-five days after notice to the owner if the vehicle is determined to be an unauthorized vehicle that was not impounded by the City of Minneapolis 10/24/2005 16:03 9524323780 SEVERSON SHELDON PAGE 13/13 12/11/01 15:09 FAX 95Z 891 7285 DAKOTA CTY DISTRICT CT ~ AV CITY A07XY 16006/006 Saint Paul. Minnesota Statute 9 168B.08 covers disposition of,abandoned-or junk vehicles by the Impound Lot. The statute provides that after forty-five days the ownef "af an impound Lot may dispose of the impounded vehicle. In this case the evidence shows that vehicles remained on the lot owned by defendant from September 25, 2000 through April 5, 2001, and, in fact, were still present on September 18, 2001, the last date the plaintiff's code enforcement technician inspected the defendant's property. The continued storage of these motor vehicles after they became eligible for sale and disposition by the Impound -Lot owner-converts the vehicles from a permitted use under the CUP issued herein to an outdoor storage'*' facility of abandoned vehicles. This converts the 6_' defendant's property into a junkyard that is not a permitted use under its CUP. T.R.L. 5 Council Minutes December 17, 1985 GROUP W UPDATE Jim Commers of Group W was present, as was Ralph ..Campbell, the Burnsville/Eagan Cable Administrator to update the City Council regarding progress of the cable installation within the City of Eagan.' Mr. Commers noted that about 200 miles of underground cable installation had been installed and 122 miles of overhead construction had been completed. As of November 24, 1985, there were 3,368 customers in Eagan with 7,855 subscribers in both Burnsville and Eagan. Mr Commers also discussed possible extension of city offerings, and noted that the Eagan Report had been very successful, starring Pam Wold and City Administrator Tom Hedges. He noted also that there had been an inter-connect contract entered into with WCCO to offer-connection to neighboring communities. Ralph Campbell also made a presentation and updated the Council on activities of the Cable Administrator. MAGNUM TOWING - CONDITIONAL USE PERMIT - HALLEY'S 1ST ADDITION The application of Kevin Mellon of Magnum Towing for conditional use permit for outside storage on Lot 3, Block 1, Halley's 1st Addition came to the Council. Tom Colbert introduced the application and Mr. Mellon was present. Councilman Thomas suggested that a yearly renewal be required of the applicant to insure compliance with City requirements. The Advisory Planning Commission recommended approval, subject to certain conditions at its meeting on November 26, 1985. The police chief strongly recommended a chain link fence around the installation and that no towing operations be allowed until the fence is installed. Mr. Mellon indicated that he could only accomplish temporary installation at the present time, because of the frozen ground. Upon motion by Egan, seconded Thomas, it was resolved that the application be approved, subject to the following: 1. The chain link fence shall be temporarily installed before any vehicles are towed onto the property and further, subject to the police department's approval, and that permanent fencing be installed by April 1, 1986. 2. Adequate dust control measures shall be provided to the City staff's satisfaction. 3. The parcel shall include storage of vehicles and other impounded items only. 4. All applicable City ordinances shall be adhered to. 5. The conditional use permit shall be renewable annually. 6. In the event that the conditions are not complied with, that the City Council may then automatically revoke the conditional use permit. All members voted in favor. ~0 8 r OI- ^r r . CITY Comic L Page g,G 1492 G COMPANY Marcb 2' gIT BO`U E IT ~G, to allow a CONp In ON AL PERM Bottling, the t for l~dwelt dale Boulevard in Conditional Usc P east side of Fagan Adv,sorY Planns~ the f rector of Comm unity *is ort as a cj located aion$ had been be, the aced st itm eceommeuded pr?" aL o building o m Mayor ggan•~ a 11(bot ln`:15 14edges said t his building over - 3. City A5 14gltrmeeting and noted that because of airport glide slope . ejr February 21 bcation and n avoid iatcrferin$ -r Ee 1/4 Of Sec:tjou Commission aRe described the app ' on Agee Ilt° g the applrcant" eat the Fe deral A`r,aii use permit for coca cola Develop had worked with was present represe Ind c;Oaditio s, nal trio located along the Bottling of Operations, r ~ to ap Vrove dis Recorder's a mots° t Director 5econded, ' tall in an Stsob n hter Pawlenty' to allow ab blto the following ~n&tian: Doom county o~i~ w,th ded at the Bottling - dale Bouevard and ust be recor side of F-ag 'i'bis conditional use permit m 1• 60 days of council action. OVAL USE PERMIT Nay p R STO~GE'C0~3pITl win to allow outdoor Aye G Ni 'fO~GJO U se Pernut for Magn T r Ave tnue the SE on at MA as a Condit! onal the west side of Biscay Plann'~ Commission trod oted along an before the Ad°t was not present, u~d this ~e ddition, lo an in MayOt 3 Block 1+ HaDey' Hedg s sand this lmm ndcd pprOV~ app vm Towing r t for M~dti tious: l.o storage ou the ~nditional o peuow+ng of Section 1 Ad942,milus meeting and they had recd oti e on s to approve th their February nded, a m t Addition, and subject oved, AwaLot lock 1, ll~y' dl approval. the date of Coup ° McCrea m on. two years . utdoor Storage from be allowed- to The Pert shall exPue d Vehicles shall conducted at 1. ended and/or towe ratior's shy e of imP° and no sales or reps,°Pe Only storage d an be displays D 2 No "For Sale" Sly, shall Te5olutson shy be recorded with the Ota ~ 3 this site. Permit and City council val. U-Sc 4 This unto l cony . 60 days of approval Co applicable City Codes shall 5• All Other AYe-- 5 Nay T 0STAUR~ ASSOC~ s Y P T MIDAS ADDMON Centre PgELlhi114 'rows CENTRE for Midwest Restaurantm ° yShopp'~ wee t of plat, ed this item as ane o~ot on PP{O aeon w. a CSC district, lotted Mayor Bga, 'ntrodacof one lot and o sa]e liquor, 3 2 ist,ng wit to allow on 7D - 12th d a cot ndit,oaal use Pe ~ , acres an 1 !RA- i OF MINUTES OF THE 1 0 4-601 Q CITY COUNCIL OF THE CITY OF EAGAN DAKOTA COUNTY, MINNESOTA A regular meeting of the City Council of the City of Eagan, Dakota County, Minnesota, was duly held at the Eagan Municipal Center located at 3830 Pilot Knob Road in said City on March 2, 1992, at 7:00 p.m. The following members were present: Egan, Wachter, Awada, McCrea, and Pawlenty; the following were absent: none. McCrea introduced the following resolution and moved its adoption: CITY OF EAGAN Resolution approving a Conditional Use Permit allowing outdoor storage for the property described on Exhibit A attached hereto, and attaching conditions thereto WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Eagan has adopted zoning regulations to control land uses and performance standards throughout the City. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eagan, Dakota County, Minnesota, that a Conditional Use Permit is hereby approved subject to the conditions as set forth in the Conditional Use Permit attached hereto as Exhibit A and incorporated he=rein by reference. DATED this 2nd day of March, 1992. CITY OF EAGAN (Seal) By: Z J. VanOverbeke Its Clerk The motion for the adoption of the foregoing resolution was duly seconded by Awada and upon vote being taken thereon, the following voted in favor: Egan, Wachter, Awada, McCrea, and Pawlenty; and the following voted against the same: none. D '0'* STATE OF MINNESO i'A) : ss COUNTY OF DAKOTA ) On this,-?-,4//.2 day of A11'/>1tlew- , 19~~ before me a Notary Public within and for said County, personally appeared E.J. VanOverbeke to me personally known, who being by me duly sworn, did say that he is the City Clerk of the City of Eagan, the municipality named in the foregoing instrument, and that the seal affixed on behalf of said municipality by authority of its City Council and said City Clerk acknowledged said instrument to be the free act and deed of said municipality. Vii/ 4'i y t otary ublic t Tlhiis aT.ivcuaicnt was drafted by: City of Eagan 3830 Pilot Knob Road j Box 21199 Eagan, MN 55121 EXHIBIT A CITY OF EAGAN CONDITIONAL USE PERMIT WHEREAS, Magnum Towing has complied with all the requirements of the City of Eagan necessary for obtaining a Conditional Use Permit. NOW THEREFORE, By order of the City Council of the City of Eagan, Dakota Count ,'ciE n-esVta, and by virtue hereof a Conditional Use Permit is authorized as follows: 1. Permitting a Conditional Use for outdoor storage within the confines of a "Light Industrial" zone. 2. Said Conditional Use Permit shall apply to the following described property: Lot 3, Block 1, Halley's 1st Addition 3. Said Conditional Use Permit shall be. for a period of two (2) years starting March 2, 1992. 4. Said Conditional Use Permit shall be subject to conformance with the Eagan City Code and with the conditions set forth herein to include, but not limited to: a. This Conditional Use Permit shall become effective upon the recording of said permit and Council resolution with the Dakota County Recorder and documentation of said recording provided to the City. b. The permit shall expire two years from the date of Council approval. C. Only storage of impounded and/or towed vehicles shall be allowed. /D d. No "For Sale" signs shall be displayed and no sales/repair operations shall be conducted at this site. e. This Conditional Use Permit and City Council Resolution shall be recorded with the Dakota County Recorder within 60 days of approval. f. All other City Codes. IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of March, 1992. CITY OF EAGAN A Minnesota Municipal Corporation V By: James L. Sturm Its City Planner STATE OF MINNESOTA) :ss. COUNTY OF DAKOTA) On this 2nd day of March, 1992, before me a Notary Public within and for said County, personally appeared JAMES L. STURM, to me personally known, who being by me duly sworn, did say that he is the City Planner of the City of Eagan, the municipality named in the foregoing instrument, and said City Planner acknowledged said instrument to be the free act and deed of said municipality. N.: P.Ry PC.; 13 L. d.' n~a votary blic ,-n Ez7.f L - - - - - - - - - - - - - - I hereby verify that the above said Conditional Use Permit was recorded at the County Recorder's Office on , 19 BY: ITS: C)') /a Q z ❑ N ~ co LU z w \ o Z Q °w z 1 0 LL cc Eli E 00 P (n 0 Y rQ U LL W aw?¢ 0° Wg°° OZ } - LU w a: LL :3 cc Q Z LL, 0- LL~ w LL, ~vz ~Q w a=w O¢ 0Zcc0 ° UUQ AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER DECEMBER 59 2005 SA. CALL TO ORDER B. ADOPT AGENDA p C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS at % 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Resolution to Approve a Purchase Agreement for Frattallone Ace Hardware Property, 4000 Sibley Memorial Highway 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Staff to Enter into Negotiations for the Potential Acquisition of Ellingson and Associates Property, 3900 Cedarvale Drive ~~F. OTHER BUSINESS aG. ADJOURNMENT Agenda Information Memo Eagan Economic Development Authority Meeting December 5, 2005 NOTICE OF CONCURRENT ACTIONS The Council acting as the Board of Commissioners of the Economic Development Authority ("EDA") may discuss and act on the agenda items for the EDA in conjunction with its actions as a Council. A. CALL TO ORDER ACTION TO BE CONSIDERED: To convene a meeting of the Economic Development Authority to run concurrent with the City Council meeting. B. ADOPT AGENDA ACTION TO BE CONSIDERED: To adopt the agenda as presented or modified. C. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the November 15, 2005 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the November 15, 2005 EDA meeting on pages e~/6 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota November 15, 2005 A meeting of the Eagan Economic Development Authority was held on Tuesday, November 15, 2005 at 8:00 p.m. at the Eagan Municipal Center. Present were President Geagan, Commissioner Fields, Commissioner Tilley, Commissioner Maguire, and Commissioner Carlson. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Planner Ridley, Public Works Director Colbert, and City Attorney Dougherty. ADOPT AGENDA Commissioner Fields moved, Commissioner Tilley seconded a motion to approve the agenda as presented. Aye: 5 Nay:O APPROVE MINUTES Commissioner Fields moved, Commissioner Tilley seconded a motion to adopt a resolution approving the minutes of the November 15, 2005 EDA meeting as presented. Aye: 5 Nay:0 NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT RECEIVE DRAFT DEVELOPMENT AGREEMENT FOR SCHAFER RICHARDSON TO ACT AS MASTER DEVELOPER OF THE CORE REDEVELOPMENT AREA AND SCHEDULE A PUBLIC HEARING FOR THE CONSIDERATION OF AGREEMENT ON DECEMBER 20, 2005 Community Development Director Hohenstein discussed the draft development agreement for Schafer Richardson to act as Master Development of the core redevelopment area. He indicated that the agreement conforms to the agreement in concept approved by the EDA on October 18, 2005. He further stated that the direction of the EDA at that time had resulted in proposed changes in the concept plan that would be considered together with the development agreement at the time of the public hearing on the agreement. Commissioner Fields moved, Commissioner Tilley seconded a motion to receive the Development Agreement and schedule Public Hearing on December 20, 2005 to consider the proposed request for the use of eminent domain and approval of the Development Agreement with Schafer Richardson for property located in the Core Area of the Cedar Grove Redevelopment District. Aye: 5 Nay: 0 ADJOURNMENT Commissioner Fields moved, Commissioner Carlson seconded a motion to adjourn the meeting at 8:05 p.m. Aye: 5 Nay: 0 Date Executive Director If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, 651-675-5000. The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities, facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual orientation, marital status or status with regard to public assistance. Agenda Memo Eagan Economic Development Authority Meeting December 5, 2005 1. CEDAR GROVE REDEVELOPMENT DISTRICT - RESOLUTION TO APPROVE A PURCHASE AGREEMENT FOR FRATTALLONE ACE HARDWARE PROPERTY, 4000 SIBLEY MEMORIAL HIGHWAY ACTION TO BE CONSIDERED: To adopt a resolution to approve a Purchase Agreement for Frattallone Ace Hardware Property, 4000 Sibley Memorial Highway. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Ryland and Schafer Richardson as the master developer of the core redevelopment area to initiate the next phases of the redevelopment. • During the period leading up to the adoption of an agreement for the redevelopment of the core area, the City has considered the voluntary acquisition of properties in which there is a willing seller. • The City was approached by Larry Frattallone, owner of the Ace Hardware property at 4000 Sibley Memorial Highway. At its meeting of August 16, 2005, the EDA and City Council authorized staff to enter into negotiations for the purchase of the property. • Staff and the Mr. Frattallone have agreed to a sale of the property to the EDA for $322,000. The purchase agreement and related documents are in order for consideration at this time. Mr. Yarbrough intends to lease the property back from the City until February 15, 2006. ATTACHMENTS: • City Attorney's memo on page / • Area map on page ak • Resolutions on pages • Purchase Agreement, Lease Agreement and related documents available upon request. SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124-7580 (952) 432-3136 TELEFAX NUMBER (952) 432-3780 E-MAIL. baueff@sevasonsheldon.com TO: Jon Hohenstein, Community Development Director FROM: Robert B. Bauer, City Attorney DATE: November 28, 2005 RE: 4000 Sibley Memorial Highway Frattallone Holding Company/Eagan EDA Our File No. 206-23508 Jon, Enclosed please find three original executed copies of the Purchase Agreement that contain the exhibits. Under the terms of the Agreement, the EDA will acquire the real estate for $322,000.00. The EDA will also pay a real estate firm, Frattallone Holding Company for $322,000.00. The EDA will also pay relocation benefits to the tenant, Frattallone's Hardware Stores, Inc. in the amount of $20,000.00 as and for a payment in lieu of all actual moving costs. Under the terms of the lease arrangement, the hardware store will occupy the property until February 15, 2006. We are in the process of ordering titlework and are scheduled to close the transaction on December 6 or 7, 2005. Should you have any questions concerning the matter, please feel free to give me a call. .t i f. ~o t lea 7 as DD ~ ~ Ceaar~ ~ ova` ,1~ y a _~^1~a`e Abe 0y dad` ~ ~ a yea ~yP - ~¢~tiP a a``oo ~gO e Gtos as Ge EAGAN ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION TO APPROVE A PURCHASE AGREEMENT, LEASE AGREEMENT AND RELATED DOCUMENTS FOR THE FRATTALLONE ACE HARDWARE PROPERTY, 4000 SIBLEY MEMORIAL HIGHWAY BE IT RESOLVED by the Board of Commissioners of the Eagan Economic Development Authority to approve a purchase agreement, lease agreement and related documents for the Frattallone Ace Hardware Property, 4000 Sibley Memorial Highway for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Jon Hohenstein, Secretary/Deputy Executive Director of the Economic Development Authority of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the Authority in a regular meeting thereof assembled this 5 h day of December, 2005. Jon Hohenstein, Secretary/Deputy Executive Director CITY OF EAGAN RESOLUTION TO APPROVE A PURCHASE AGREEMENT, LEASE AGREEMENT AND RELATED DOCUMENTS FOR THE FRATTALLONE ACE HARDWARE PROPERTY, 4000 SIBLEY MEMORIAL HIGHWAY BE IT RESOLVED by the Eagan City Council to approve a purchase agreement, lease agreement and related documents for the Frattallone Ace Hardware Property, 4000 Sibley Memorial Highway for redevelopment purposes. Motion by: Second by: Those in Favor: Those Against: CERTIFICATION I, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council in a regular meeting thereof assembled this 5`h day of December, 2005. Maria Petersen, City Clerk Agenda Memo Eagan Economic Development Authority Meeting December 5, 2005 2. AUTHORIZE STAFF TO ENTER INTO NEGOTIATIONS WITH THE PROPERTY OWNER FOR THE POTENTIAL ACQUISITION OF ELLINGSON AND ASSOCIATES PROPERTY. 3900 CEDARVALE DRIVE ACTION TO BE CONSIDERED: To authorize negotiations for the possible acquisition of the Ellingson and Associates Property, 3900 Cedarvale Drive as a voluntary sale to the EDA for future redevelopment purposes. FACTS: • The City has taken steps to bring about the redevelopment of the Cedar Grove Redevelopment Area, including public improvements, environmental reviews, comprehensive plan and zoning modifications and the execution of development agreements that are resulting in the construction of new private development consistent with the City's plans. At the present time, the City is working with Ryland and Schafer Richardson as the master developer of the core redevelopment area to initiate the next phases of the redevelopment. • While most property acquisitions in the past have been in anticipation of a specific redevelopment plan for a portion of the area, the City has also considered the voluntary acquisition of properties in which there is a willing seller. The City has been approached by Marsha Ellingson, owner of the Ellingson and Associates Property,, 3900 Cedarvale Drive, regarding the possible City acquisition of her property. • Staff is requesting authorization from the EDA and City Council to enter into negotiations with Mr. Frattallone to purchase the property. ATTACHMENTS: • Request letter on page a ELLINGSON & ASSOCIATES, INC. REHABILITATION CONSULTANTS 3900 Cedaruale Driue Eagan, Minnesota 55122 (651) 688-2123 1-800-727-3422 FAX: (651) 688-0043 November 28, 2005 Mr. John Hohenstein Community Development Director City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Sale of Commercial Property in Cedarvale Redevelopment Area Dear Mr. Hohenstein: As per our meeting of 11-10-05,1 do request to enter negotiations for sale of my building and lots to the City of Eagan. My understanding is this purchase by the City of Eagan would be an acquisition in lieu of eminent domain. My property's address is 3900 Cedarvale Drive, Eagan, MN 55122. As you require, I have contacted a licensed appraisor for an updated appraisal on the building and property. I look forward to hearing from you. Sincerely, Ma sha H. Ellingson, M.S., C.R.C. R.C. day Agenda Information Memo Eagan Economic Development Authority Meeting December 5, 2005 F. OTHER BUSINESS There is no other business to come before the EDA at this time. G. ADJOURNMENT ACTION TO BE CONSIDERED: To adjourn the Economic Development Authority meeting. APPLICATION AND AUTHORIZATION FOR DELAYED PAYMENT OF TAX ON SPECIAL ASSESSMENTS FOR SENIOR CITIZENS' HOMESTEAD LAWS 1974, CHAPTER 206 STATE OF MINNESOTA) COUNTY OF DAKOTA ) TO: County Auditor, Dakota County, Minnesota -DATE- I, the undersigned declare un#er pe ies of perju ,V That I reside at CQ. That I am not less 't W years age an that t date of my birth is That I am th owner of the property legall described as-L di-f- -r, •,C\ 7 D - G' q _K Zap 2f) rn C~ko tJ `W ~ -f\e_ o erry~~It~e iL' icatyon o f 7 That my interest in the ownership of the above property was aquired on and is as follows: 1. Sole ownership (Enter Yes, if applicable) C) 2. Joint tenancy, held with -r' 3. OTHER undivided interest (Specify) That on January 2, June 1, I owned and occupied the above vroperty as my homestead and such occupancy began on fT~y ; ~L T Tj That the installments for improvements on the SPECIAL ASSESSMENTS duly adopted in ordin- ance by the -I ~G G'- OF AS OF eC f /Y _ C'lZ-r which have een allocated a ainst the subject property would create undue personal hard- ship on my behalf and I respectfully request that payment be delayed and that such in- stallment be so deferred for the years to SIGNED: k'h R SPOUSE "~J - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I, Clerk of the OF -IN County, State of Minnesota, do hereby certify'that the application of above named, has been duly reviewed and that in accordance with the minutes of official record in said chambers was duly APPROVED or DENIED as of That in accordance with approval granted, the SPECIAL.ASSESSMENTS listed below on the affiants subject property levied for annual collection in the amounts and for the years shown be so deferred with interest at the annual rate shown until such time as it is deemed the applicant no longer qualifies or the property loses its eligibility. ASSESSMENT D/P NO. TOTAL AMOUNT YEARS INTEREST RATE DATED Clerk or Authorized Deputy (over) DAKOTA COUNTY AUDITORS OFFICE posting check list Record Posted by Date Deferred taxes/assessment book Transfer card (red dot) Local improvement assessment card Data processing notified TERMINATION ORDER Date terminated Reason (s): By: Authorized Signature F Department of the Treasury-Internal Revenue Service ^ O O~ o tn1 040 U.S. Individual Income Tax ReturnLJ (99) IRS Use Only-Do not write or staple in this space. For the year Jan. 1-Dec. 31, 2004, or other tax year beginning , 2004, ending , 20 OMB No. 1545-0074 Label L Your first name and initial Last name I Your social security number A JULIA A WRYCZA 475-80-8834 (See B instructions.) If a joint return, spouse's first name and initial Last name Spouse's social security number ~ r Use the IRS Fi Home address (number and street). If you have a P.O. box, see instructions. Apt. no. label. E 4444 SLATER RD . Important! A Otherwise, R You must enter please print E City, town or post office, state, and ZIP code. If you have a foreign address, see instructions. your SSN(s) above. or type. EAGAN MN 55122 Presidential You Spouse Election Campaign Note. Checking "Yes" will not change your tax or reduce your refund- (See instructions.) ' Do you, or your spouse if filing a joint return, want $3 to go to this fund? . . . . . . . . . . . . . . ► El Yes n No El Yes ❑ NO 1 a Single 4 Head of household (with qualifying person). (See instr.) Filing Status If qualifying person is a child but not your dependent, enter 2 Married filing jointly (even if only one had income) this chilld's name here. ► 3 Married filing separately. Enter spouse's SSN above sw and full name here. P- luawalels 5 Qualifying widow(er) with dependent child (see instructions) xeJ. 1 ue a6e a~a~ as 6a 0 Yourself. If someone can claim you as a dependent, do not check box 6a . . . . . . . I Bne~ Nkea on 1 ye~011S b Spouse . and No. of children on 6c who: c Dependents: (2) Dependent's (3) Dependent's 14) X if quah Ving • Ah°1 1 First name Last name social security number relationship to thdtl for tltilrr tax lived with you OL 6! O ou credit (see intr ) • did not live with *11001 91• four you due to divorce or separation ,M aIns 9t ',Y dl.W' see (see instructions) Dependents on Sc not entered above at Add numbers fines ► d Total number of exemptions claimed . . above El ap00 dIZ pue SSWR 7 Wages, salaries, tips, etc. Attach Form(s) W-2 . . . . . . . . . . . . . . . - qa 7 8 6 a dmalltS Z1 8a Taxable interest. Attach Schedule B if required . . . . . . . . . . . . . 0 pzt. b Tax-exempt interest. Do not include on line Ba . . . . . . . . . . . . . . 8b 0 Uzi. s 9a Ordinary dividends. Attach Schedule B if required . . . . . . . . . . . . t 9a 43 n„Sal aas lzt 'Iso b Qualified dividends (see instructions) . . . . . . . . . . . . . . . . . . . 1 gb 30 f 1(s) 10 Taxable refunds, credits, or offsets of state and total income taxes (see instructions) . . . . . . . 10 0 ,uapuadad of 11 Alimony received . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' . 11 1P* 11'olly e x 12 Business income or (loss). Attach Schedule C or C-EZ . . . . . . . . . . . . 12 0 ;gayb ,aq•d 13 Capital gain or (loss). Attach Schedule D if required. If not required, check here ► E] 13 -31000 6opw3 p 14 Other gains or (losses). Attach Form 4797 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 10119 t 15a IRA distributions . . . . . . . . . . 15a b Taxable amount (see instructions) 15b 0 16a Pensions and annuities . . . . . 16a b Taxable amount (see instructions) 16b LLb££ ins 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E 17 as NMOl►'do 18 Farm income or (loss Attach Schedule F . . . . . . . . . . . . 18 0 ON J apoa dlZ PO1'1~ y 19 Unemployment compensation - - 19 y W91 ' 20a Social security be6efts . . . . . . I 20a b Taxable amount (see instructions) 20b 0 d+o if. 21 Other income. List type and amount (see instructions) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 21 00 22 Add the amounts in the far right column for lines 7 through 21. This is our total income . ► 22 1, 829 x11 a,101ww 9 of 23 Educator expenses (see instructions) . . . . . . . . . . . . . . . 23 p,n0ae 11!aos a 24 Certain business expenses of reservists, performing artists, and (H fee-basis government officials. Attach Form 2106 or 2106-EZ . . . . . . . 24 01 ,,,,ui 11,apaj Z 25 IRA deduction (see instructions) . . . . . . . . . . . . . . . . . 25 26 Student loan interest deduction (see instructions) . . . . . . . . . . . . . 26 27 Tuition and fees deduction (see instructions) . . . . . . . 27 0 28 Health savings account deduction. Attach Form 8889 . . . . . . . . . . 28 0 i 29 Moving expenses. Attach Form 3903 . . . . . . . . . . . . . 29 0 30 One-half of self-employment tax. Attach Schedule SE . . . . . . . . . . . 30 0 31 Self-employed health insurance deduction (see instructions) . . . . . . . 31 01 32 Self-employed SEP, SIMPLE, and qualified plans . . . . . . . . . . . . . 32 0 33 Penalty on early withdrawal of savings . . . 33 j 34a Alimony paid b Recipient's SSN ► 34a 35 Add lines 23 through 34a . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 0 36 Subtract line 35 from line 22. This is your adjusted gross income . • ► 36 1,829 KIA For Disclosure, Privacy Act, and Paperwork Reduction Act Notice, see instructions. Form 1040 2004) Draft: 12/06/05 DEVELOPMENT AGREEMENT Dated , 2005 Relating to TAX INCREMENT FINANCING DISTRICT NO. 1 Between EAGAN ECONOMIC DEVELOPMENT AUTHORITY CITY OF EAGAN and CEDAR GROVE DEVELOPMENT CORP. This Instrument Drafted by: Faegre & Benson LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, Minnesota 55402 3901 Telephone: (612) 766-7000 DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into as of this day of , 2005, by and between the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the "EDA"), the CITY OF EAGAN, a Minnesota municipal corporation (the "City"), and CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation (the "Master Developer"): WITNESSETH: WHEREAS, the EDA has created and established a Tax Increment Financing District referred to as Tax Increment Financing District No. 1 (the "TIF District") in connection with the Cedar Grove Redevelopment Project Area (the "Redevelopment Project Area") and pursuant to the authority granted by Minnesota Statutes, Sections 469.090 to 469.1081 and 469.001 to 469.047 and Sections 469.174 through 469.179 (collectively, the "Acts"); and WHEREAS, pursuant to the Acts, the EDA has adopted and the City has approved a Redevelopment Plan (the "Redevelopment Plan") and a tax increment financing plan (the "TIF Plan") to finance a portion of the public redevelopment costs of the Redevelopment Project Area; and WHEREAS, in order to achieve the objectives of the Redevelopment Plan and the TIF Plan, the EDA has determined to provide substantial aid and assistance through the financing of certain land acquisition, relocation, demolition, soil correction, site improvements and public improvement costs in the Redevelopment Project Area; and WHEREAS, the Master Developer proposes to develop or cause other Developers to develop a project currently anticipated to include a number of phases (each a "Phase" as defined herein) resulting in a mix of housing, retail and other commercial facilities within the Redevelopment Project Area and the TIF District which the EDA has determined will promote and carry out the Redevelopment Plan and TIF Plan; and WHEREAS, the parcels of property involved in each Phase, the Minimum Improvements to be constructed for that Phase and certain other matters will be set forth in a Supplement to this Development Agreement to be executed by the Developer and EDA prior to the commencement of such Phase; and WHEREAS, the Master Developer will agree to purchase the EDA Parcels and those of the Other Parcels which the EDA acquires hereunder substantially in accordance with the form of Purchase Agreement attached as Exhibit I for use in connection with the Improvements; and WHEREAS, the EDA has the right to repurchase the Acquired EDA Parcels and those of the Other Parcels which the EDA acquires and conveys to the Master Developer in the circumstances described in the Repurchase Agreement attached as Exhibit B to the Purchase Agreement; and WHEREAS, this Agreement has been approved by the governing bodies of the EDA and the City following a public hearing duly called and held; NOW, THEREFORE, in consideration of the mutual covenants and obligations of the EDA, the City and the Developer, the parties hereby represent, covenant and agree, as follows: ARTICLE I. DEFINITIONS, EXHIBITS, RULES OF INTERPRETATION Section 1.1 Definitions. In this Agreement, the following terms have the following respective meanings unless the context hereof clearly requires otherwise: (a) Acquired EDA Parcels. The parcels of property owned by the EDA as of March 1, 2005 which are described in Exhibit J hereto. (b) Adjusted Eligible Costs. Eligible Costs paid or reimbursed by the Master Developer, less, until the Holdback Termination Date, the amount of the Markup. (c) Affordable Housing. Housing for households with the characteristics described in Section 3.13. (d) Assumed Market Values. The market values of the categories of Improvements expected to be constructed as set forth in Exhibit H hereto and a Phase Supplement. (e) Base Costs. Total Development Costs less the Markup. (f) Certificate of Completion. The certificate of completion to be executed and delivered pursuant to Section 3.4, in the form of Exhibit F hereto. (g) Cam. The City of Eagan, Minnesota. (h) Community Development Agency Parcels. The parcels to be transferred to the Dakota County Community Development Agency pursuant to Section 3.5 hereof. (i) Consolidated TIF Note. The TIF Note described in Exhibit G-2 which is to be issued in exchange for all previously issued TIF Notes upon completion of the Minimum Improvements. 2 0) Desien Standards. The architectural and design standards heretofore established by ordinance for the redevelopment Project Area, currently City Code Section 11.60, Subd. 21, Cedar Grove District Building and Architectural Provisions. (k) Developer. With respect to any parcel of the Property, until such time as the Master Developer makes an assignment of the Development Rights thereto pursuant to Section 2.4 hereof, the Master Developer, and after the Master Developer makes such assignment, such assignee. (1) Development. The Property and the Minimum Improvements to be constructed thereon according to the Development Plans approved by the EDA and the City. (m) Development Fee. The additional compensation provided to the Developer hereunder, aggregating $500,000 payable as provided herein. (n) Development Plans. Initially, the Development Concept and Schedule attached as Exhibit B, as supplemented by plans, drawings and related documents describing details of the Improvements submitted from time to time by the Developer and approved by the EDA and the City. (o) Development Rights. The rights of a Developer in and to the applicable parcel, including the rights under this Agreement. (p) Development Rights Assignee. An assignee of Development Rights under Section 2.4 of this Agreement. (q) Development Concept and Schedule. The Master Developer's concept plan and general schedule for the completion of the then anticipated phases, which Development Concept and Schedule is attached as Exhibit B and may be revised from time to time and attached to any Supplement. (r) EDA. The Economic Development Authority of the City of Eagan, Minnesota. (s) Eligible Costs. The costs which are eligible to be paid or reimbursed with tax increment under Minnesota Statutes, Sections 469.174 through 469.179, as amended, paid or reimbursed by the Developer for acquisition of the Property in arm's length transactions or otherwise at fair market value, including relocation, demolition, site improvements, environmental remediation and soil correction, but excluding any common area used as a public park within the meaning of Section 469.176, Subd. 41 and any improvements excluded under Section 469.176, Subd. 4g. (t) Gross Revenues. The (i) revenues received by the Master Developer from the sale or other disposition of Development Rights, Property and Improvements, plus (ii) the principal amount of TIF Notes issued to the Master Developer or proceeds of Tax Increment Bonds issued in exchange therefor, determined as provided by Sections 5.1 and 5.3 hereof, reduced by sales commissions paid to third parties. 3 (u) Holdback Termination Date. The date on which the Developer has completed at least 110,800 square feet of retail and 739 units of housing including at least 146 units of Affordable Housing and the completed improvements have a minimum Assumed Market Value of at least $158,315,000. (v) Improvements. The Minimum Improvements and any additional improvements which may be constructed on the Property in accordance with the Development Plans. (w) Interim Note. The Note issued by the EDA to the City in an amount equal to the purchase price of the Acquired EDA Parcels. (x) Mall Assumed Value. $5,750,000, provided, the Developer must provide a written appraisal prepared in accordance with the Uniform Standard of Professional Appraisal Practice and which appraisal must be validated by a review appraisal undertaken by the City. (y) Markup. Any excess of the price paid by the Master Developer for a parcel of property purchased by an affiliate or member of the Master Developer or other person having a direct or indirect financial interest in the Development or this Agreement over the price paid by such other person, whether or not the property was acquired by the Master Developer in an arms- length transaction and, in the case of the property known as the Cedarvale Mall, there shall be deemed to be a Markup of $2,350,000. (z) Master Developer. Cedar Grove Development Corp., a Minnesota corporation, and any Permitted Successor Developer. (aa) Master Developer's Profit. For a Phase or for the Development as a whole, the amount by which Gross Revenues exceed Base Costs for the Phase or Development, as the case may be. (bb) Minimum Improvements: Each and all of the improvements to be constructed on the Property which are described in Exhibit E hereto, as the same may be modified in accordance with Section 3.1 hereof. (cc) Mortgage and Holder. The term "mortgage" shall include the mortgage or mortgages referenced in Article IV of this Agreement and any other instrument creating an encumbrance or lien upon the Development or any part thereof as security for a loan. The term "holder" in reference to a mortgage includes any insurer or guarantor (other than the Developer) of any obligation or condition secured by such mortgage or deed of trust. (dd) Necessary Elements. Affordable Housing as described and to the extent provided in Section 3.13, a hotel meeting the requirements of Section 3.14 hereof or an alternative structure substituted therefore pursuant to Section 3.14 hereof, and, to the extent provided in Section 3.12, the Transit Station I Improvements. 4 (ee) Offsite Improvements. The traffic control facilities recommended by the AUAR dated September 24, 2002 and updated as of December 21, 2004, or other similar improvements constructed in lieu thereof. (ff) Other Parcels. The parcels of property to be acquired by the EDA or the Developer which are described in Exhibit L hereto. (gg) Permitted Successor Developer. Means (i) any corporation or limited liability company owned or controlled by the Master Developer or an affiliate of the Master Developer; (ii) any general or limited partnership controlled by the Master Developer or an affiliate of the Master Developer; or (iii) any construction or permanent lender who has provided financing for any of the Improvements described herein. (hh) Phase or Phases. The stages of the Development, each of which is to be described in a Supplement to this Agreement. (ii) Phase Minimum Improvements. Each and all of the improvements to be constructed on a Phase Property as finally approved by the City and described in the Supplement executed for such Phase. (jj) Phase Property. The real property which is included within the TIF District and which is described in the Supplement executed for that Phase. (kk) Phase Site Plan. Plans for development of a Phase or portion thereof as described in Section 3.2. (11) Pledged Tax Increment. As of any February 1 or August 1 payment date and with respect to the Property or any portion thereof, 90% of that portion of the tax increment actually received by the City or EDA since the preceding payment date which equals the amount of tax increment which would have been received if it had been computed based on the lesser of the most recent assessor's market value of the Phase Property (or Property, as applicable) or the assessor's market value of the Phase Property as of the January 2 immediately following the issuance of a Certificate of Completion for the Phase. (mm) Pro Forma Principal Amount. Except as provided in Section 5. 1, the amount necessary to bring the Master Developer's Profit for the Phase or whole Development, as the case may be, to 12% of Base Costs. (nn) Pro e : The real property which is depicted on Exhibit A hereto. (oo) Property Acquisition Costs. The Public Acquisition Costs and the costs to the Developer of acquiring the Acquired Developer's Parcels and the Other Parcels. (pp) Public Acquisition Costs. The costs to the City and the EDA of acquiring the Other Parcels. 5 (qq) Public Improvements. Any portion of Transit Station I constructed as a local improvement and other public infrastructure improvements (including but not limited to streets and internal roads, sewer, storm sewer and water) constructed under Minnesota Statutes, Chapter 429 and which benefit the Property, but not including the Offsite Improvements. (rr) Purchase Agreement. The Purchase Agreement between the EDA and Master Developer to be entered into in connection with the purchase by the Developer of the Acquired EDA Parcels and those Other Parcels which the EDA may acquire, the form of which Purchase Agreement is attached as Exhibit I. (ss) Redevelopment Plan. The Redevelopment Plan for the Redevelopment Project Area, as amended from time to time. (tt) Relocation Costs. The relocation costs required by law or agreement to be paid to the owners and tenants of the Property. (uu) Repurchase Agreement. The Repurchase Agreement between the EDA and the Master Developer relating to the parcels purchased by the Developer under a Acquired Purchase Agreement, which form of Repurchase Agreement is attached as Exhibit B to the Purchase Agreement. (vv) Supplement. The Supplement to this Agreement required by Section 3.1 hereof to be executed prior to the commencement of each Phase substantially in the form of Exhibit D. (ww) Targets. The elements of the Development required by Section 3.1 hereof to be completed by specific dates as specified in Exhibit E hereto. (xx) Tax Increment Notes (TIF Notes). The Tax Increment Revenue Notes to be issued by the EDA to finance a portion of the costs of the TIF District, in substantially the forms attached as Exhibit G-1 and G-2. (yy) Tax Increment Financing District (TIF District). Tax Increment Financing District No. 1 created by the EDA pursuant to Minnesota Statutes Sections 469.174 through 469.179 and described in the TIF Plan adopted therefor, and any other tax increment financing district which may be created within the area presently encompassing Tax Increment Financing District No. 1 which may be created pursuant to Section 2.3 hereof following decertification of portions of Tax Increment Financing District No. 1. (zz) Tax Increment Financing Plan (TIF Plan The plan for development of the TIF District adopted by the EDA pursuant to Minnesota Statutes Sections 469.174 through 469.179 and, in the case of Tax Increment Financing District No. 1, approved by a resolution of the City Council adopted in 2002. (aaa) Total Development Costs. The sum of the following costs paid by the Master Developer: (i) Eligible Costs, (ii) costs of construction of Improvements, (iii) construction loan interest (including capitalized interest), and (iv) overhead, planning, legal and other costs related 6 to the Development; provided, however, that the cost of acquiring the property known as the Cedarvale Mall shall not exceed the Assumed Mall Value and no sales commissions paid in connection with the sale of property shall be treated as a cost but, to the extent paid to third parties who are not affiliated with the Developer and in a transaction other than sale of the Cedarvale Mall, shall be treated as a reduction in the revenues derived from the sale thereof. (bbb) Transit Station I. The parking and other facilities constructed for transit station purposes pursuant to Section 3.12 hereof. (ccc) Transit Station I Improvements. To the extent provided in Section 3.12, the improvements to be made by the Developer which complement Transit Station I consisting of at least 15,000 square feet of commercial space to be described in greater detail in a Supplement. (ddd) Transit Station I Parcel. The parcel on which Transit Station I is expected to be located as described in Exhibit M hereto. (eee) Other Terms. Terms defined in other sections of this Agreement have the meanings given them. (fff) Unavoidable Delays. Delays which are the direct result of strikes, fire or other casualty, war, material shortage, weather, causes beyond the constructing party's control, or acts of God, or acts of any federal, state or local government unit, legal proceedings brought by a non-party to this Agreement or, an "economic recession" defined as two consecutive quarters prior to December 31, 2007, in which there is a drop in the gross domestic product, except those acts anticipated or contemplated under this Agreement. Section 1.2 Exhibits. The following Exhibits are attached to and by reference made a part of this Agreement: A. Depiction of Property. B. Development Concept and Schedule. C. Schedule of Gross Revenues and Total Development Costs. D. Form of Supplement. E. Targets. F. Certificate of Completion. G. Forms of Tax Increment Notes. H. Land Sales Pro Forma 1. Forms of Purchase Agreement and Repurchase Agreement. J. Legal Description of Acquired EDA Parcels. K. Description of Other Parcels. L. Depiction of Transit Station I Parcel. M. Form of Estoppel Certificate. N. Estimated Sale Prices of Affordable Housing Property. 7 Section 1.3 Rules of Interpretation. (a) This Agreement shall be interpreted in accordance with and governed by the laws of the state of Minnesota. (b) The words "herein" and "hereof " and words of similar import, without reference to any particular section or subdivision, refer to this Agreement as a whole rather than any particular section or subdivision hereof. (c) References herein to any particular section or subdivision hereof are to the section or subdivision of this Agreement as originally executed. (d) Any titles of the several parts, articles and sections of this Agreement are inserted for convenience and reference only and shall be disregarded in construing or interpreting any of its provisions. ARTICLE II. REPRESENTATIONS AND COVENANTS Section 2.1 By the Master Developer. The Master Developer makes the following acknowledgements, representations and covenants: (a) The Master Developer has the legal authority and power to enter into this Agreement. (b) The Master Developer (or one or more Development Rights Assignees) will, to the extent required by this Agreement, construct or cause the construction of the Minimum Improvements in accordance with the terms of this Agreement, the TIF Plan and all local, state and federal laws and regulations, and will construct or cause the construction of or pay the costs of construction of any site improvements, utilities, parking facilities, or landscaping improvements which are necessary in connection with the construction and operation of the Improvements. (c) At such time or times as may be required by law, the Master Developer will have complied with all applicable local, state and federal environmental laws and regulations, will have obtained any and all necessary environmental reviews, licenses or clearances under, and will be in compliance with the requirements of the National Environmental Policy Act of 1969, the Minnesota Environmental Policy Act, and the Critical Area Act of 1973. (d) The Master Developer will obtain, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all local, state and federal laws and regulations which must be obtained or met before the Improvements may be constructed. 8 (e) The Master Developer's investment in the purchase of the Property and site preparation, after giving effect to the TIF Notes, will be at least 70% or more of the assessor's current year's estimated market value and, accordingly, Minnesota Statutes, Sections 116J.993 to I I6J.995, do not apply to this Development Agreement or the assistance provided by the TIF Notes. (f) For purposes of determining Gross Revenues hereunder, in the absence of satisfactory evidence provided by the Developer that sales of land were at fair market value, sales are deemed to have occurred at the prices set forth in Exhibit H. The Developer shall not enter into any agreement whereby the Developer directly or indirectly receives consideration from the purchaser in exchange for a sale of property below market value. Section 2.2 By the EDA and City. The EDA and City make the following representations as the basis for the undertaking on its part herein contained: (a) The EDA and City are authorized by law to enter into this Agreement and to carry out their respective obligations hereunder; (b) The City will review plans for each Phase under its PD Planned Development District zoning standards as set forth in City Ordinances Section 11.60, Subd. 18. (c) The EDA intends to treat the issuance of the TIF Notes as payment or reimbursement for eligible costs under Minnesota Statutes, Section 469.176, Subd. 4. The Property was determined by the EDA's consultants to include parcels which contain structurally substandard buildings and adjacent parcels necessary to provide a site of sufficient size to permit an integrated development. (d) The EDA and City make no representations or warranties as to the due establishment of the TIF District or its qualification as a "redevelopment district," but have provided the Master Developer with copies of all requested documents and proceedings relating to the establishment thereof. Section 2.3 Cost Allocations. The parties acknowledge that the TIF Notes authorized hereby are deemed to reimburse the Eligible Costs paid or incurred at the earliest date, notwithstanding the formula for determining the amount of the TIF Notes. Section 2.4 Assignment of Development Rights. The Master Developer intends to assign the Development Rights, or portions thereof, to one or more Development Rights Assignee(s), whereupon such Development Rights Assignee(s) shall become the Developer(s) hereunder. The EDA agrees that it will not unreasonably withhold its consent to such other responsible developer of a portion of the Minimum Improvements as the Master Developer may propose as a Development Rights Assignee hereunder. The EDA shall be entitled to require, as conditions to any approval of any Development Rights Assignee under this Section, that: (a) The Master Developer retain design control with respect to the Improvements to be constructed by the proposed transferee; 9 (b) Any Development Rights Assignee shall have the qualifications and financial responsibility necessary to fulfill the obligations undertaken in this Agreement by the proposed transferee; (c) The Development Rights Assignee enters into a written agreement by which it assumes and agrees to perform the obligations of a Developer under this Agreement, performance of which is due on or after the date of assignment, and agrees to be subject to all the conditions and restrictions to which the Master Developer is subject; (d) The Development Rights Assignee makes, as of the date of assignment, all representations and (for activities and events occurring on or after the date of assignment) warranties made in this Agreement by the Master Developer (including, without limitation, the representations and warranties contained in Section 2.2); (e) If less than the entire Development Rights are being conveyed, the portion of the Minimum Improvements being allocated to the Phase or portion thereof for which Development Rights are being conveyed to the Development Rights Assignee must be compatible with the completion of the portion of the Minimum Improvements allocated to the Phase or portion of the Phase not being conveyed. (f) The Dakota County Community Development Agency shall not be considered a Development Rights Assignee hereunder and the Master Developer has no obligation to provide for the construction of affordable housing on the Community Development Agency Parcels. ARTICLE III. CONSTRUCTION OF IMPROVEMENTS; PUBLIC IMPROVEMENTS; OTHER DEVELOPER OBLIGATIONS Section 3.1 Construction of Minimum Improvements. The Master Developer agrees that it (or a Development Rights Assignee) will, subject to Unavoidable Delays, construct or cause to be constructed the Minimum Improvements and any other improvements which the Developer elects to construct on the Property in Phases substantially in accordance with the Development Plans. Prior to the commencement of a Phase the Master Developer shall complete and submit to the EDA a Supplement to this Agreement which (a) designates a number for the Phase, (b) sets forth the legal description and parcel identification numbers of the parcels to be included in the Phase, (c) identifies the Phase Minimum Improvements to be constructed as part of the Phase, (d) identifies the Assumed Market Values of the Improvements to be constructed in that Phase, (e) identifies the reasonably estimated completion date of the Phase Minimum Improvements, (f) attaches any new or revised Development Concept and Schedule which reflects the Master Developer's then current expectations as to the scheduled staging of the Minimum Improvements and (g) specifies any modifications of the Targets for which approval is being requested and the reasons for such request. If the Supplement conforms to the Targets, after giving effect to Minimum Improvements completed and under construction in other approved Phases and if the EDA has approved any request for modification of the Targets, the 10 Executive Director shall execute the Supplement to evidence the EDA's approval thereof. Upon execution of each Supplement, a memorandum of this Development Agreement may be recorded with respect to the Phase Property described in the Supplement. Section 3.2 Phase Site Plans. Prior to commencing construction of the Minimum Improvements for a Phase, the Developer must submit Phase Site Plans for the Phase to the EDA for review. The Phase Site Plans must provide for the construction of the Minimum Improvements for that Phase in a manner that conforms to the Tax Increment Financing Plan, this Agreement and all applicable federal, state and local laws, statutes, ordinances and regulations. The EDA must notify the Developer, within thirty (30) days of the Developer's submission of complete Phase Site Plans for a Phase to the EDA, that the EDA either approves or rejects the Phase Site Plans. The EDA may reject the Phase Site Plans only if: (a) The Phase Site Plans are not complete; (b) The EDA reasonably believes the Phase Site Plans and the improvements contemplated thereby do not conform to the Tax Increment Financing Plan or to one or more applicable federal, state or local laws, ordinances, rules or regulations; (c) The improvements depicted on and described in the Phase Site Plans do not substantially conform to the description of the Minimum Improvements for that Phase; or (d) The EDA staff reasonably determines that the Phase Site Plans do not provide for the construction of Minimum Improvements consistent with the City of Eagan Design Standards. The EDA must include in any written notice rejecting Phase Site Plans, in whole or in part, specifics as to the EDA's basis, under this Section 3.2, for rejecting the Phase Site Plans. If the EDA notifies the Developer that the EDA is rejecting the Phase Site Plans for a Phase, in whole or in part, the Developer must submit new or revised Phase Site Plans to the EDA within thirty (30) days after the Developer receives written notification from the EDA of the EDA's rejection of the Phase Site Plans. Within five (5) business days after the Developer's submission of new or revised Phase Site Plans for a Parcel to the EDA, the EDA must notify the Developer that the EDA either approves or rejects the new or revised Phase Site Plans. The EDA's approval of Phase Site Plans pursuant to this Section 3.2 constitutes approval for the purposes of this Agreement only and does not constitute a representation or warranty that the Phase Site Plans comply with any applicable building code, health or safety regulation, zoning or other land use regulation, environmental law or other law or regulation. The EDA's review and approval or disapproval of the Phase Site Plans pursuant to this Agreement is not intended to and does not satisfy any requirements of the City's ordinances or other City permitting policies and is not intended as a substitute for Planning Commission review, public hearings or any other plan review provided for therein. EDA and City reviews and approvals may occur independently and EDA review and approval need not occur prior to City Council review under the City's ordinances and policies. The provisions of this Section 3.2 relating to the submission, approval, rejection and resubmission of Phase Site Plans continue to apply until the EDA has approved the Phase Site Plans. The EDA's approval of the Phase Site Plans does not relieve the Developer of any obligation to comply with the terms and provisions of this Agreement, the provisions of any 11 applicable federal, state or local laws, ordinances or regulations or the payment of fees or satisfaction of local requirements for sewer and water availability, park dedication and other requirements.. If the Developer desires to make any material change to the Phase Site Plans for a Phase after the EDA has approved them, the Developer must submit the proposed change to the EDA for its review and approval, and the EDA must approve the proposed change unless the EDA reasonably determines that, as a result of the proposed change, one or more of the requirements set forth in Section 3.2 (a) through 3.2 (d) are not satisfied. If the EDA rejects the proposed change the EDA must notify the Developer of the EDA's rejection of the proposed change within ten (10) Business Days of the EDA's receipt of the proposed change. Section 3.3 Completion of Construction. Subject to Unavoidable Delays, the Developer shall submit the Phase Site Plan for the first Phase to the EDA prior to December 31, 2006 and construction of that and subsequent Phases shall be commenced and completed so that all of the Targets are met. All construction shall be in conformity with the approved Development Plans. Periodically during construction, but at intervals of not less than 60 days, the Developer shall make reports in such detail as may reasonably be requested by the EDA concerning the actual progress of construction. Section 3.4 Certificate of Completion. Promptly after notification by the Developer of completion of each of the Phase Minimum Improvements, the EDA shall inspect the construction to determine whether it has been substantially completed in accordance with the terms of this Agreement, including the date for the completion thereof. In the event that the EDA determines that the construction has been completed substantially in accordance with the Development Plans and applicable regulations and that the Targets established by this Agreement have not been violated, the EDA shall furnish the Developer with a Certificate of Completion for that Phase in the form of Exhibit F. Such certification by the EDA shall be a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of the Developer to construct or cause to be constructed the Phase Minimum Improvements, and shall constitute a release of the Developer's obligations hereunder with respect to that Phase. Notwithstanding the foregoing this Development Agreement shall be deemed to be released as an encumbrance on any parcel of property upon the issuance of a certificate of occupancy by the City for that parcel. Section 3.5 Property Acquisition. The real property necessary to be acquired for the Development consists of the Acquired EDA Parcels and the Other Parcels. The EDA agrees to sell Acquired EDA Parcels to the Master Developer after the Planned Development involving such Acquired EDA Parcels has been approved by the City for a price of $1.00 each in accordance with the terms set forth in the form of Purchase Agreement attached hereto, which shall be entered into with respect to Acquired EDA Parcels included in each Phase at the commencement of such Phase. At the request of the Developer the EDA will commence proceedings to acquire such Other Parcels as are identified in the request through the exercise of the EDA's powers of eminent domain, including, without limitation and when requested, the use of "quick take". The EDA shall hold public hearings in accordance with Minnesota Statutes, Section 469.012, Subd. 1 g, with respect to acquisition of the Other Parcels by condemnation. 12 Upon adoption of an authorizing resolution the EDA shall use its best efforts to acquire by condemnation such of the Other Parcels as the Developer has requested. With respect to the Other Parcels which the EDA determines to acquire, the EDA may at its option either (a) authorize all or any designated Other Parcels to be acquired by the Dakota County Housing and Redevelopment Authority as its agent or (b) directly acquire such Other Parcels by negotiation or condemnation; provided, however, that the EDA shall have no obligation to pursue condemnation or to purchase or pay for any of the Other Parcels until the Developer has delivered the Letter of Credit to the EDA pursuant to Section 3.9 hereof. If the EDA acquires any of the Other Parcels, pursuant to a Developer's request, the EDA may require that the Developer shall enter into a Purchase Agreement substantially in the form of Exhibit I. The EDA may also acquire Other Parcels in the absence of a request from the Developer and, as to such other parcels, the EDA may require that the Developer shall enter into a Purchase Agreement to purchase the parcels at a price equal to the EDA's acquisition, relocation, demolition and carrying costs for such parcels on a date no later than the dates reflected in the then current Development Schedule for commencement of the Phase to which such parcels relate. In either case the form of Purchase Agreement shall be completed with (a) a description of the parcel acquired by the EDA and to be reconveyed to the Developer, (b) a purchase price equal to the purchase price paid by the EDA, (c) a description of encumbrances revealed by a title investigation, (d) specification of a closing date not later than 30 days after acquisition by the EDA of the parcel or such later date as the EDA may agree to, which agreement shall not be unreasonably withheld, and (e) specification of the amount of the Letter of Credit to cover Relocation Costs reasonably estimated by the EDA to be payable with respect to the parcel. Upon delivery of the Quit Claim Deed contemplated by the Purchase Agreement the EDA and Developer shall enter into the Repurchase Agreement which shall specify the Development Phase to which the parcel relates and a purchase price equal to the purchase price specified in the Purchase Agreement. The EDA makes no representation or warranty as to the status of title to the Property or as to the suitability of the Property for the Developer's purposes. Notwithstanding the foregoing or any other provision of this Agreement, the EDA and the Developer shall mutually agree on the location of one or more sites for affordable housing to be developed by the Dakota County Housing and Redevelopment Agency as part of the review and approval of the Development Plans for a Phase and create one or more parcels for such sites as part of the replatting process. Such parcels shall then be transferred to the Dakota County Community Development Agency for affordable housing and the Developer shall have no obligation to purchase or pay for such Community Development Agency Parcels. The Developer shall deliver to the EDA periodic reports on the status of the private acquisition efforts and shall notice in a timely fashion to allow construction of the Development in accordance with the dates specified in Section 3.3 of this Agreement. The Developer acknowledges that the EDA does not warrant the successful conclusion of any eminent domain action or quick take procedures or the accomplishment of any particular result or timetable because of the many variables inherent in any litigation or legal proceeding. The EDA shall not be liable to any party for any consequential or other damages that may arise out of any delays due to environmental conditions, court challenges or elements outside the control of the EDA. The EDA shall consult with the Developer periodically throughout the proceedings with respect to the acquisition by eminent domain of any Other Parcel. 13 If the EDA is not successful in acquiring title to one or more of the Other Parcels through eminent domain proceedings, at the option of the Developer, this Agreement will be suitably and equitably modified and, if possible, the Development shall proceed without such Other Parcel. Section 3.6 Demolition. Prior to commencing the Phase in which a parcel is located or at such earlier time as the EDA may reasonably request after the Developer has acquired and has the right to occupy any parcel of Property, the Developer shall demolish all the buildings and other improvements thereon, except for buildings and improvements which are not required to be demolished as part of the Phase. Any demolition costs paid by the Developer with respect to the Property shall be deemed Eligible Costs hereunder to the extent accompanied by evidence of the reasonableness thereof. Section 3.7 Relocation. The EDA shall pay any Relocation Costs required to be paid by the EDA under Chapter 117, Minnesota Statutes, or any other law and shall be promptly reimbursed by the Developer, whether or not the property was acquired by the EDA or the Developer. Any relocation costs paid by or on behalf of the EDA (including those reimbursed by the Developer) shall be deemed Eligible Costs hereunder to the extent accompanied by evidence of the reasonableness thereof. The EDA shall endeavor to provide the Developer with estimates of such Relocation Costs and the Developer may comment on them, but failure in any case to provide a timely estimate shall not affect the Developer's obligation to reimburse the cost thereof. Section 3.8 Site Development. Any costs paid by the Developer to remedy any soil correction problems and to construct site improvements which are qualified expenditures under Minnesota Standby Section 469.176 hereto shall be deemed Eligible Costs hereunder to the extent accompanied by evidence of the reasonableness thereof. Section 3.9 Letter of Credit, Cash Deposit. As security for the Developer's obligation to reimburse the EDA by Phase for payment of Public Acquisition Costs, Relocation Costs and other costs hereunder, the Developer shall deliver to the EDA a cash security deposit or a Letter of Credit issued by a bank acceptable to the EDA which has an office in Minnesota. The cash deposit or a Letter of Credit shall be in an amount equal to the amount of the Public Acquisition Costs and Relocation Costs incurred or reasonably estimated to be incurred by the EDA in connection with its and the Developer's activities for the relevant Phase and shall otherwise be in a form acceptable to the EDA. The amount of the cash deposit or Letter of Credit shall be increased upon identification of a parcel to be acquired by the EDA hereunder. Upon reimbursement of the EDA by the Developer or direct payment of costs by the Developer in accordance with Sections 3.5, 3.6, 3.7 and 3.8 or the applicable Purchase Agreement, the amount of the cash deposit or Letter of Credit shall be reduced by a corresponding amount. Upon reimbursement to the EDA of all Public Acquisition Costs and Relocation Costs the EDA shall return the cash deposit or Letter of Credit to the Developer. The EDA may draw on the Letter of Credit on the earlier of (i) 20 days prior to its expiration date, or (ii) the occurrence of an Event of Default hereunder. 14 Section 3. 10 Construction of Public Improvements and Offsite Improvements. The City shall construct the Public Improvements as local improvements under Minnesota Statutes, Chapter 429 at such time as is necessary so that the Public Improvements will be compatible with the Development. The City has no obligation to construct any of the Offsite Improvements or otherwise construct traffic control facilities to meet AUAR requirements, but it may do so in its discretion. Section 3.11 Assessments. The City may assess all or any portion of the Property and other benefited properties pursuant to Minnesota Statutes, Chapter 429, for that portion, if any, of the cost of the Public Improvements which may be lawfully assessed against such property, except as otherwise provided by agreement of the City and this Agreement. In addition, the property owners shall pay the cost of the usual charges for water and sewer utility service for the Property. The City shall not levy any assessments against the Property for Offsite Improvements. The City shall not assess against the Property any costs of Project No. 800R other than those assessed prior to the date hereof. Section 3.12 Transit Station. The City plans, but is not required, to participate with other governmental units in the construction of Transit Station I. At the direction of the City, if given prior to December 31, 2007, the Developer shall construct the Transit Station I Improvements within 12 months of the completion of the Transit Station. Section 3.13 Affordable Housing. The Parties agree that Affordable Housing is an important component within the Development. The EDA will transfer the Community Development Agency Parcels to the Dakota County Community Development Agency for the development of affordable housing under its Workforce Housing Program. The parties currently estimate that the Developer will sell other land within the Development for use as Affordable Housing for the prices per unit expressed in Exhibit N (the "Pro Forma Affordable Housing Land Price"). On that assumption, Developer is willing to proceed with the Affordable Housing described below on the condition that it receives from the EDA and the City an aggregate subsidy of $5,000 per unit of Affordable Housing, consisting of reimbursement for any amount by which the aggregate of land sale revenues related to Affordable Housing units is less than the amount shown on Exhibit N. The EDA and City agree to provide such subsidies, subject to the conditions and procedures described in this Section 3.13. First, the City, the EDA and the Developer shall use their best efforts to pursue the receipt of public and private grants reasonably available for application to the subsidies described herein. Second, Developer shall apply for a housing subsidy for each Phase by giving the EDA 45 days written notice of each anticipated sale of land for Affordable Housing, which will include (i) a description of the land, (ii) the proposed sale price, (iii) the number of Affordable Housing units to be constructed on the land and (iv) such evidence of the reasonableness of the proposed sale price as the EDA may request. If the proposed sale price per unit (a) is less than the Pro Forma Affordable Housing Land Price plus $5,000 and (b) such that the aggregate of the receipts for Affordable Housing land sales and anticipated receipts from the proposed sale are less than the sum of (i) the product of (x) the number of previous and proposed Affordable Housing units and (y) the Pro Forma Affordable Housing Land Price, and (ii) the amount of grant funds received or receivable by the EDA and the City on account of such units, then the EDA may decline to approve the application. If the application is not approved within such period the Affordable Housing requirements set forth in 15 this section and the Necessary Elements shall be reduced by the number of Affordable Housing units described in the rejected application. Subject to such conditions, the Developer shall create Affordable Housing in the Development as follows: (a) 97 flats available for sale at a price no more than the Metropolitan Council's definition of affordable sales price, currently $193,700, before upgrades. (b) 30 flats available for sale, in addition to the units described in (a) above, which are affordable to households earning no more than 80% of median family income for the Minneapolis - St. Paul, MN - WI Metropolitan Statistical Area, as defined by the U.S. Department of Housing and Urban Development ("MFI" These units will be encouraged to take advantage of the homebuyer assistance programs administered by the Dakota County Community Development Agency ("CDA"). (c) 30 - 40 townhomes available for rent for households earning no more than 60% of MFI, with rents affordable to households earning no more than 50% of MFI, to be operated by CDA or another rental housing provider and built by the operator of the housing or a Permitted Successor Developer or Development Rights Assignee. These units will be located on Property during a Phase based on Development Plans and a Supplement. (d) 14 - 28 flats (as determined based on the percentages identified below) available for rent in a mixed-income, mixed-use building. These units will either be 20% occupied by households with less than 50% MFI or 40% occupied by households with less than 60% MFI. The Developer shall certify compliance with the requirements of paragraphs (a) and (b) upon the initial sale of units constructed to qualify as Affordable Housing and shall certify compliance with the requirements of paragraph (d) of this section for the duration of the TIF District, in the same manner and at such intervals as are provided for the program under which the units are financed (e.g. federal tax credits or tax exempt multifamily housing bonds) or, if no such program applies, as if such units were financed as a "housing district" under Minnesota Statutes Section 469.174. Section 3.14 Hotel or Alternative Structure. On or before December 31, 2009, and after December 31, 2008, the Developer may cause a report to be proposed by an independent consultant acceptable to the EDA which addresses the financial feasibility of constructing an approximately 120,000 square foot hotel of at least six stories and reaching an elevation of 885 MSL at the approximate location shown on Exhibit B. In the event the feasibility report does not demonstrate that the hotel will be financially feasible, then the hotel is no longer a Necessary Element and there shall be substituted therefore as a Necessary Element a vertical feature of at least six stories and no less than 85 feet tall reaching an elevation of at least 885 MSL and is an office building with convenience retail. Alternatively, if the Developer causes a report to be prepared by an independent consultant acceptable to the EDA which addresses the financial feasibility of constructing an office building with convenience retail that the same is not financially feasible, then there shall be substituted thereto, as a Necessary Element, a vertical feature of at least six stories and no less than 85 feet tall reaching an elevation of least 885 MSL, which contains primarily residential and at least 10,000 square feet of retail. In the event applicable building codes are amended subsequent to the date hereof in a manner which results in substantially increased costs for constructing buildings to the height specified herein the 16 parties will consider alternatives which substantially achieve the EDA's goal of a high visibility structure without an undue burden on the Developer. Section 3.15 De sit. Upon the execution hereof, the Master Developer shall deposit $50,000 with the EDA which the EDA may apply to administrative charges and consulting fees relating to the negotiation and preparation of this Agreement and the performance of the EDA's and City's obligations hereunder, at the standard hourly rates customarily charged to developers in the City plus the actual fees of Ehlers and Associates, Inc. and Faegre & Benson LLP. The deposit is nonrefundable, except for any unused balance at the completion of Phase I. Section 3.16 Environmental Review. As of the date of this Agreement, the EDA has not provided environmental reviews of the Acquired EDA Parcels or the Other Parcels to the Developer. Upon request of the Developer, and to the extent access to the property is granted, the EDA shall have prepared, at the EDA's sole cost and expense, Phase U Soil and Groundwater Environmental Site Assessments ("Phase H ESA") for any of the Acquired EDA Parcels or the Other Parcels. For any Phase I ESA or Phase H ESA prepared and delivered pursuant to this section, the Developer shall be designated as the "user" of the environmental report and shall be entitled to rely on the report in all respects. (a) Following completion of any Phase I ESA or Phase H ESA and upon request of the Developer, the City and the EDA shall perform necessary and reasonable actions to apply with Minnesota Department of Employment and Economic Development ("DEED") and the Metropolitan Council ("Met Council") for contamination cleanup grants for remediation of any and all environmental conditions identified in any Phase I ESA or Phase H ESA. (b) Developer shall cooperate and assist with all grant applications. For any grants awarded, the EDA will pay any DEED local match (to the extent not satisfied by a Met Council grant). (c) The City or the EDA shall perform or pay the cost of remediation of any and all contamination on any Acquired EDA Parcel or Other Parcel to the extent such costs, exclusive of costs paid or reimbursed from grants; provided, however, that the City and the EDA may terminate this Agreement and their obligations hereunder, except with respect to Phases which are in progress, shall cease at the option of the City and the EDA, exercisable upon a determination by each of the EDA and City that estimated remediation costs and grant awards will result in a payment or performance obligation under this clause that is unacceptable in the sole discretion of the City and the EDA. In such event, upon completion of those Phases which were in progress at the time of termination, the Developer shall be deemed to have completed the Minimum Improvements and Necessary Elements hereunder. Section 3.17 Open mace and Other Amenities. The City and EDA expect that the Improvements will include integrated open space and other aesthetic elements such as a water feature, public seating, unique landscaping or other elements of public interest whether or not such elements are Eligible Costs for tax increment financing purposes; provided however that the Developer shall not be required to include open space and other aesthetic elements if such inclusion 17 would adversely affect its ability to meet the Targets or achieve the level of Master Developer's Profit contemplated by this Agreement. The general expectations outlined in this section have not been delineated in the Development Plans as of the date hereof. Unless separately approved by a supplement to this Agreement, the Developer's progress toward the meeting of these expectations may be a consideration of the City Council in the exercise of its discretion in the process of its review of planned unit development plans submitted by the Developer as the Development progresses. ARTICLE IV. LIMITATION UPON ENCUMBRANCE; PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER, SUBORDINATION Section 4.1 Prohibition Against Transfer Before Completion of Minimum Improvements. The Developer represents and agrees that except (1) to obtain financing to develop the Minimum Improvements for a Phase and perform its obligations under this Agreement, and (2) assignment of the Development Rights to a Development Rights Assignee pursuant to Section 2.4, including its obligations to construct the Minimum Improvements for that Phase, the Developer shall not transfer or convey legal or equitable title to this Agreement or any property within that Phase until the EDA has issued a Certificate of Completion for the Minimum Improvements for that Phase, without the EDA's prior written approval which may not be unreasonably withheld. The EDA will consent to a transfer and assignment of the Developer's rights under this Agreement to an affiliate of Developer (a "Developer Assignee"), provided the Developer Assignee and Developer execute an agreement acceptable to EDA whereby Developer Assignee agrees to assume the obligations of Developer under this Agreement. In addition to the above, a Developer of housing units may, in the regular course of business and without prior written notice to the EDA, sell, assign, convey, lease or transfer in any other mode or manner substantially completed housing units for which a certificate of occupancy has been issued to an individual purchaser. At the time of each such sale, the transferred property and purchaser thereof will be released from any obligations with respect to this Agreement. Section 4.2 Leases and Easements. Notwithstanding the foregoing provisions of this Article IV, each Developer may enter into leases with Permitted Successor Developers or enter into leases in the ordinary course of business for space in the Improvements on an arms-length basis in favor of unrelated third parties. Each Developer may also grant easements or other similar agreements necessary for the operation of the applicable Improvements without the need for EDA consent. Section 4.3 Termination of Restrictions on Transfer. All restrictions on transfer set forth in this Agreement shall terminate with respect to each parcel of property within a Plan as of the date the applicable Certificate of Completion for that Phase is issued. Section 4.4 Transfer Under Mortgges. Nothing in this Agreement shall prohibit (or require any consent from EDA with respect to ) any transfer of all or any portion of or interest in 18 the Property or Minimum Improvements pursuant to foreclosure of any Mortgage, or conveyance in lieu of any such foreclosure. The purchaser at any such foreclosure sale (or grantee of any such conveyance in lieu of foreclosure) shall be permitted to make a subsequent transfer of the rights acquired by such foreclosure sale (or conveyance in lieu) to a subsequent transferee, provided such subsequent transferee assumes the obligations of the applicable Developer hereunder and (i) if the subsequent transfer is Minimum Improvements for which a Certificate of Completion has not been issued, then the subsequent transferee must be a responsible contractor or developer reasonably acceptable to the EDA, or (ii) if the subsequent transfer includes only Minimum Improvements for which a Certificate of Completion has been issued, then the EDA may not withhold consent to the subsequent transferee. Any holder that acquires by foreclosure of its Mortgage all or any portion of the Property shall be treated as an assignee hereunder. Section 4.5 Subordination and Modification for the Benefit of Mortg ees. (a) In order to facilitate the obtaining of temporary or permanent financing for the acquisition and development of the Property and construction or purchase of the Improvements by the Developer or others, the EDA agrees to subordinate its rights under this Agreement to the holder of any mortgage entered into for the purpose of obtaining such financing, except its right to repurchase parcels conveyed to the Developer under the Repurchase Agreements. (b) In order to facilitate the obtaining of financing for the acquisition and development of the Property and construction or purchase of the Improvements, the EDA agrees that it shall agree to any reasonable modification of this Article IV or waiver of its rights hereunder to accommodate the interests of the holder of the Mortgage, provided, however, that the EDA determines, in its reasonable judgment, that any such modification(s) will adequately protect the legitimate interests and security of the EDA with respect to the Development. ARTICLE V. TAX INCREMENT NOTES, BONDS Section 5.1 Issuance of Tax Increment Notes. The Master Developer shall maintain books and records relating to the financing, construction and sales of the parcels of Property and Improvements in accordance with generally accepted accounting principles consistently applied. Upon completion of the sales of Property and Improvements in each Phase the Master Developer shall furnish the EDA full and complete copies of such books and records and a completed copy of a summary of the Gross Revenues, Total Development Costs and Base Costs for that Phase on the form attached as Exhibit C hereto. Subject to the further provisions of this Section and except in the case of the final Phase, the EDA shall, upon completion of the Minimum Improvements for each Phase, and the issuance of a the Certificate of Completion therefor, issue to the Developer a Tax Increment Note for that Phase substantially in the form of Exhibit G-1. The principal amount of the TIF Note issued upon completion of the Minimum Improvements for each such Phase shall be the lesser of (i) the Adjusted Eligible Costs or (ii) the Pro Forma Principal Amount for that Phase; provided that if upon completion of a Phase the total of outstanding TIF Notes shall exceed the lesser of (a) $20,000,000 in principal amount or (b) the Pro Forma Principal Amount determined on an aggregate basis for that Phase and all prior 19 Phases, then the principal amount of the outstanding TIF Notes shall be reduced pro rata by an aggregate amount equal to such excess; and further provided that for purposes of this section the Pro Forma Principal Amount shall be reduced by $408,000 (12% of $3,400,000) with respect to the Phase which includes the Cedarvale Mall and increased by $1,629,000 ($250,000 plus one- half of $408,000 ($204,000) plus one-half of Markup ($1,175,000)) with respect to the Phase the completion of which results in the Holdback Termination Date. Upon completion of all Phases of the Minimum Improvements, including the Necessary Elements, and the issuance by the EDA of the Certificate of Completion for the last Phase, the EDA will issue in exchange for the TIF Notes previously issued under this Section 5.1 the Consolidated TIF Note in the form attached hereto as Exhibit G-2 in a principal amount equal to.the lesser of (a) the aggregate of all Eligible Costs or, (b) the Pro Forma Principal Amount for the Development as a whole, plus $3,258,000 (the $2,350,000 Markup plus $408,000 plus $500,000 Development Fee) or (c) $20,000,000, in each case reduced by any prior payments of principal on the TIF Notes. Each TIF Note shall bear interest at the rate of 6.50% per annum, and shall be payable in semiannual installment payments payable on each February 1 and August 1 to and including February 1, 2029. Semi- annual installment payments shall be applied first to interest and then to a reduction in outstanding principal. Interest on the outstanding balance of each TIF Note shall accrue from the date of issue or most recent installment payment date and, if not paid on an installment payment date, shall be added to principal. The TIF Notes shall be dated as of the Completion Dates of the Phase for which they were issued and shall mature on February 1, 2029. The Master Developer covenants and agrees not to sell, transfer or convey the TIF Notes without the express written consent of the EDA; provided, however, that the Master Developer may, without such consent, (i) pledge or grant a security interest in a TIF Note to a lender as security for a loan or (ii) after 10 days' prior written notice to the EDA, transfer a TIF Note to an institutional investor which has acknowledged in writing that (a) it is acquiring the TIF Note for purposes of investment and not for resale, (b) it is not relying on any representations or warranties of the EDA or City, express or implied, as to the availability or adequacy of the tax increment to pay principal and interest or upon any funds of the City or EDA and (c) all subsequent transfers shall meet such conditions. The Master Developer acknowledges that the EDA makes no representations as to the adequacy of tax increments available to pay any of TIF Notes. The TIF Notes shall be payable solely from the Pledged Tax Increment from a portion of the TIF District received by the EDA to the extent provided in Section 5.2 hereof and the EDA shall have no other liability on either TIF Note, nor shall either TIF Note be payable out of any funds or properties of the EDA or City other than Pledged Tax Increment from the TIF District. Section 5.2 Tax Increment Available for TIF Notes. The semi-annual installments due on each TIF Note, except the Consolidated TIF Note, shall be paid solely from the Pledged Tax Increment from collections of ad valorem taxes from the Phase Property to which the TIF Note relates. The semi-annual installments due on the Consolidated TIF Note shall be paid solely from the Pledged Tax Increment from collections of ad valorem taxes from the Property as a whole. Receipts of Pledged Tax Increment shall be applied first to accrued and unpaid interest and then to principal. No installments on either TIF Note are required to be paid after February 1, 2029, regardless of whether the TIF Note has been paid in full. Neither the EDA nor City 20 shall pledge or appropriate any Pledged Tax Increment from any portion of the Property to the payment of any other obligation until the TIF Note relating to that portion of the Property has been paid in full. The EDA and City may apply collections of tax increment from the Property which exceed Pledged Tax Increment to administrative expenses or any other lawful purpose. Section 5.3 Refunding Bonds. (a) The EDA may at its option and subject to market conditions issue tax increment revenue bonds to refund the Consolidated TIF Note (the "Refunding Bonds"). The principal amount of the Refunding Bonds shall be based on such debt service coverage ratio (based on tax increments expected to be generated by the market value of the Improvements under the current law) as is necessary to sell the Refunding Bonds at par. The Master Developer acknowledges that the maximum amount the EDA will pledge to repay the Tax Increment Refunding Bonds are Pledged Tax Increments, and that the EDA will determine, in its sole discretion, the principal amount of the Refunding Bonds to be issued. In determining the principal amount of the Refunding Bonds to be issued, the EDA will consider, among other things, the taxable market values of the completed Minimum Improvements. (b) The terms and conditions of the Refunding Bonds will be set forth in a resolution to be adopted by the Board of Commissioners of the EDA (the "Bond Resolution"). In the event of a conflict between the terms and conditions hereof and the terms and conditions of the Bond Resolution, the terms and conditions of the Bond Resolution shall prevail. (c) In the event the net proceeds of the Refunding Bonds are not sufficient to provide for payment of the entire principal amount of the outstanding Consolidated Tax Increment Note, the Refunding Bonds will not be issued until the Master Developer either (i) provides the EDA with an amount, together with the net proceeds of the Refunding Bonds, sufficient to pay the outstanding principal and interest of the Consolidated Tax Increment Note or (ii) the Master Developer agrees to subordinate its rights to payment under the Consolidated TIF Note to the Refunding Bonds and the scheduled payments under the Interim Note. (d) Upon issuance of the Refunding Bonds, the EDA will apply the Pledged Tax Increments from the Property in the following order of priority: (i) To the paying agent for the Refunding Bonds, to pay scheduled principal and interest on the Refunding Bonds; (ii) To the EDA, payments sufficient to pay principal and interest on the Interim Note when scheduled, regardless of whether the Interim Note has been paid; and (iii) To the Master Developer, to pay any scheduled principal and interest on the Consolidated TIF Note. 21 ARTICLE VI. EVENTS OF DEFAULT Section 6.1 Developer Events of Default Defined. The following shall be deemed Events of Default by the Developer under this Agreement and the term shall mean, whenever it is used in this Agreement, unless the context otherwise provides, any one or more of the following events: (a) Failure by the Developer to observe and substantially perform any material covenant, condition, obligation or agreement on its part to be observed or performed hereunder, if such failure shall continue for a period of thirty (30) days after written notice of such failure is given by the EDA or the City to the Developer and to any construction or permanent lender who shall have requested such notice; provided , however, that if such failure is of such nature that it cannot with diligence be cured within thirty (30) days, and provided further that within such thirty (30)-day period the Developer or a construction or permanent lender has commenced such cure and thereafter diligently prosecutes such cure, such thirty (30)-day period shall be extended to the period reasonably necessary to cure such failure; (b) If the Developer shall admit in writing its inability to pay its debts generally as they become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the Development; (c) If the Developer shall file a petition under the federal bankruptcy laws; or (d) If the Developer, on a petition in bankruptcy filed against it, be adjudicated a bankrupt, or a court of competent jurisdiction shall enter an order of decree appointing, without the consent of the Developer, a receiver of the Developer or of the whole or substantially all of its property, or approve a petition filed against the Developer seeking reorganization or arrangement of the Developer under the federal bankruptcy laws, and such adjudication, order or decree shall not be vacated or set aside or stayed within 120 days from the date of entry thereof. Section 6.2 EDA and City Remedies on Default. Whenever any Event of Default occurs, the EDA and the City may, in addition to any other remedies or rights given the EDA and the City under this Agreement, take any one or more of the following actions: (a) suspend their performance under this Agreement until they receive assurances from the Developer, deemed reasonably adequate by the EDA and the City, that the Developer will cure its default and continue its performance under this Agreement; (b) cancel or rescind this Agreement, except with respect to Phases for which a Certificate of Completion has been issued; 22 (c) if the Event of Default relates to failure to reimburse the EDA for Relocation Costs or other costs hereunder, draw on the Letter of Credit or cash deposit provided for in Section 3.9 hereof. (d) withhold the Certificate of Completion for the Phase to which the Event of Default relates; or (e) take whatever action at law or in equity may appear necessary or desirable to the EDA or the City to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Once a Certificate of Completion has been issued for a Phase, the Developer has no further obligations hereunder with respect to that Phase, and no remedy shall affect the right of the Developer to receive payment under the TIF Note for the Phase for which the Certificate of Completion has been issued. Section 6.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the EDA is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the EDA or the Developer to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article VI. Section 6.4 No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by another party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE VII. ADDITIONAL PROVISIONS Section 7.1 Conflicts of Interest; Representatives Not Individually Liable. No EDA officer who is authorized to take part in any manner in making this Agreement in his or her official capacity shall voluntarily have a personal financial interest in this Agreement or benefit financially therefrom. No member, official, or employee of the EDA shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the EDA or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. Section 7.2 Non Discrimination. The provisions of Minnesota Statutes, Section 181.59, which relate to civil rights and non discrimination, shall be considered a part of this Agreement and binding on the Developer as though fully set forth herein. 23 Section 7.3 Notice of Status and Conformance. At such time as all of the provisions of this Agreement have been fully performed by the Developer, the EDA and the City shall, upon not less than ten days prior written notice by Developer, execute, acknowledge and deliver without charge to Developer or to any person designated by Developer a statement in writing in recordable form certifying that this Agreement has been fully performed and the obligations hereunder fully satisfied. Section 7.4 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is sent by mail, postage prepaid, return receipt requested or delivered personally: (a) As to the EDA: Executive Director Eagan Economic Development Authority 3830 Pilot Knob Road Eagan, MN 55122 (b) As to the City: City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 (c) As to the Developer: Cedar Grove Development Corp. 500 Banks Building 615 First Avenue NE Minneapolis, MN 55413 (d) with a copy to: Jay R. Lindgren Dorsey & Whitney LLP 50 South Sixth Street, Suite 1500 Minneapolis, MN 55402 or at such other address with respect to any party as that party may, from time to time, designate in writing and forward to the others as provided in this Section 7.4. Section 7.5 Counterparts. This Agreement may be simultaneously executed in any number of counterparts, all of which shall constitute one and the same instrument. 24 Section 7.6 Estoppel Certificate. Each of the City, the EDA, Master Developer and any Developer agrees that upon written request of any other party, it will issue within thirty (30) days of receipt of such request to the requesting party, or its prospective mortgagee or successor, an estoppel certificate substantially in the form of Exhibit M hereto stating to the best of the issuer's knowledge as of such date. (i) whether it knows of any default under this Agreement by the requesting party and if there are known defaults, specifying the nature thereof; (ii) whether this Agreement has been assigned, modified or amended in any way by it and if so, then stating the nature thereof; and (iii) whether this Agreement is in full force and effect. Such statement shall act as a waiver of any claim by the party famishing it to the extent such claim is based upon facts contrary to those asserted in the statement and to the extent the claim is asserted against a bona fide encumbrancer or purchaser for value without knowledge of facts to the contrary of those contained in the statement, and who has acted in reasonable reliance upon the statement. 25 IN WITNESS WHEREOF, the EDA and the City have caused this Agreement to be duly executed in their names and behalf and the Developer has caused this Agreement to be duly executed as of the day and year first above written. EAGAN ECONOMIC DEVELOPMENT AUTHORITY By President And By Executive Director CITY OF EAGAN By Mayor And By City Clerk CEDAR GROVE DEVELOPMENT CORP. By Its 26 STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2005, by and the President and Executive Director of the Eagan Economic Development Authority, a municipal corporation under the laws of the State of Minnesota, on behalf of the Eagan Economic Development Authority. Notary Public 27 STATE OF MINNESOTA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2005, by , the of CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation, on behalf of the corporation. Notary Public 28 STATE OF MINNESOTA ) ) ss COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of , 2005, by and the Mayor and City Clerk of the City of Eagan, a municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. Notary Public M1:1222179.14 29 EXHIBIT A DESCRIPTION OF PROPERTY The property is the property described and outlined as Cedar Grove Properties Development Area on the attached map, and located in the City of Eagan, Section 19, Township 27, Range 23. e CED PA - s r ,C SCJV~ j p v PAS Np , YAP` OF MAN - o~pr,~ W ~e~oPmer , OV04 Geds' - o~ BEAU O RUE DRI PLAT I I I EXHIBIT B Concept Plan and Schedule Future Hotel Heritage Carriage 5-Story Village Flats: Plaza/ Jensen's Transit Station Transit Condominiums Town Homes: Housing 3-Story Ice Rink SupperCiub &Commercial Station 2-Stow 3-Story {p ~ Ili 5-Story Mixed Use Housing over u~ Bowling Commercial 5-Story Mixed Use: Park r. - r_- - Alley Housing over - S-Story Mixed Use: Commercial Housing over Commercial Residential Carriage 285 units Commercial West Mixed Use 25,500 sq ft on. Schafer Y7L:i7~L'J Cedar Grove Concept Plan ~ Eagan, Minnesota Development Heritage 68 units Development East -Main Street' 62,700 so ft 111110 Richardson Summary Flats 108 units Summary TmnsitCenter 1S,t100sgIt November 200 2005 dlow, and Uban, inc. Housing/5-Story 105 units East Mixed Use 40000 so ft N Housing in Mixed Use 408units Total 143,200 sgft Total 974 units 1 Cedar Grove Concept Plan - Phasing n Schafer ' Eagan, Minnesota *Richardson Dahlgren, Shardlow, and Uban, Inc. November 2005 Form of Phase Development Schedule DATE ACTION EDA Executive Director executes Phase Supplement Determine schedule for EDA acquisition of Other Parcels Begin appraisals for Phase relocation Complete appraisals for Phase relocation Complete acquisition of Phase Property Determine Phase financing strategy for Public Improvements Open house for businesses and residents Developer submits Phase land use application to City Planning Commission reviews Phase land use application City Council reviews Phase land use application City completes Phase appraisal process for condemnation of Other Parcels Vacation notices sent, and 90-day period for tenant vacation begins Deadline for 90-day period for vacation Begin Phase site grading and installation of Public Improvements Commence construction of Phase Minimum Improvements Issuance of Phase Certificate of Completion Issuance of Tax Increment Notes B-2 11115/2005 EXHIBIT C Page I of 2 SCHEDULE OF GROSS REVENUE And TOTAL DEVELOPMENT COSTS PHASEI PHASE2 PHASE3 PHASE4 PHASES GROSS REVENUE Unit Sale. Town homes RYLAND 353 353 113 92 55 93 0 Flats SR 445 445 113 110 98 72 52 18 Unto RYLAND 108 108 18 36 36 18 0 Apartments SR 68 68 0 68 0 0 0 Sales Proceeds - Residential - wnhms 46.000 16,238,000 Sales Proceeds - Residential - Flats 16,000 7,120.000 1.808000 1,760.000 1.568.000 1.152.000 832000 Soles Pro ceeds - Residential - 18 Units 19.000 2,052,000 342,000 684,000 684,000 342.000 0 Sales Proceeds- Residential -Apanmen 10,000 680,000 0 680,000 0 0 0 otal rose ales 26,0190,000 7.348000 7.356.000 4, Sales Comr $ 30 263,200 7,896,000 7,896,000 450,000 2.109000 765.000 558,000 4,014,000 Total 33,986,000 7 .798,000 9,465,000 5,547,000 6,330,000 4,846,000 Commissions 3.00000% 1400.0001 i91614) (1261Ftj (99,065} (67540) (1;,616! Closing Costs 040000% i96. i52) ,,°8024) (26688) (16.392) ,jt 73n1 13328) TOTAL GROSS REVENUE 33.489.848 7,678 362 9,312,147 5.431,543 6,240,740 4,827 056 DEVELOPMENT COSTS Son Costs Administration 1.1% 525000 190000 120,000 135,000 70,000 10.000 A 8 E of construction Architecture 100.000 50,000 20,000 10,000 10,000 10,000 Civil Engineering 400,000 150,000 75,000 75,000 50,000 50.000 Total A 3 E 500.000 2D) 000 95.000 85,000 , Consulting Fees Ehlers 8 Associates 20,000 20,000 0 0 0 0 DSU 10,000 10,000 0 0 0 0 City Engmeenng 5,000 5.000 0 0 0 0 Relocation Consultant 150.000 70,000 35.000 25,000 20.000 0 Appraisals 100,000 60,000 20.000 10,000 10.000 0 Market Study 15,000 15,000 0 0 0 0 Other Consuting 100,000 50,000 20,000 10,000 10,000 10,000 Total Consulting Fees 4UU.UUU 230,000 /~.Uou 4t,.000 40,000 10,000 F,nanung 123,000 123000 0 0 0 0 Interest 2,052,600 718,500 529,700 367,000 247,300 190,100 Bond issuance Costs 864.062 157 580 90.935 251,821 55,939 107,787 Legal Fees 0 Developer's Legal 190000 100,000 40.000 20,000 20000 10,000 Lenders Legal 50,000 25,000 5,000 7,500 7,500 5,000 Citys Legal 50,000 10,000 10.000 10.000 10,000 10,000 Bond Counsel 60,000 20,000 15,000 5,000 10,000 10,000 Other Legal 25,000 5.000 5,000 5,000 5,000 5,000 Total Legal 47.500 52.500 40.000 Erlvirorenental/Due Diligence 100,000 60,000 10,000 10,000 10,000 10,000 Marketing 100.000 60,000 15,000 10,000 5,000 10,000 Survey 125.000 75,000 25,000 10.000 10.000 5,000 Miscellaneous 200,000 100,000 40,000 20,000 20,000 20,000 Property Taxes, RE Op Ex., etc. 360.000 160,000 107,500 45,000 30,000 17,500 Soft Cost Contingency 301,200 111,600 59,100 63,900 30,000 36,600 Total SoR Costs 5,826,852 2,345,580 1,242,235 , Hard Costs Land Acquisition Cedarvale 5,750,000 5,750,000 0 0 0 0 Phase 1 1,212.800 1,212.800 0 0 0 0 Phase 2 5,254,800 0 5,254,800 0 0 0 Phase 3 2,214,800 0 0 2,214,800 0 0 Phase4 1,999.000 0 0 0 1,999,000 0 Phase 5 2.254,000 0 0 0 0 2.254,000 Land for parking from Cedar 1,500,000 0 0 0 1,500,000 0 City Land 300,000 0 150,000 150,000 0 0 Relocation Benefits 2.500 000 750.000 750,000 500,000 500,000 0 Acquisition Contingency 861.770 98.140 307.740 143,240 199950 112,700 Total Land Acquisition 23,847,170 _ , Construction Costs Site Work 8,000,000 1,200,000 1,850.000 2,325.000 1,875,000 750,000 Demolition 1,000,000 200,000 275,000 375,000 100,000 50,000 Assessment 550,000 110,000 110,000 110,000 110,000 110,000 Park Dedication Fee 1,874,000 468,000 590,000 365,000 351,000 100,000 Trier Dedication Fee 210.300 52,700 66.200 40.800 39,500 11,100 Construction Contingency 1,110000 190.D00 286,000 310,000 240.000 90,000 Total Construction 12.744.300 2220,700 3.171,200 3.525,800 2,715,500 1.111.100 Total Hard Costs 36,691,470 10,031,540 9,633,740 6,633,640 6,914,460 3,477,800 TOTAL DEVELOPMENT COSTS 42,417,334 12,377,320 10,975,976 7,624,061 7,616,189 3,994,787 11-15-2D05 C-1 11/150005 Page 2 of 2 EXHIBIT C SCHEDULE OF GROSS REVENUE And TOTAL DEVELOPMENT COSTS SECTION 5.1 Of Development Agreement TOTAL PHASE 1 PHASE 2 PHASE 3 PHASE 4 PHASES A. GrossRevenues 33,489,846 7,678,352 9,312,147 6,431543 6,240,740 4,827,066 B. Gross Bass Costs 42,417,332 12,377,320 10,876,976 7,624,061 7,616,189 3,994,787 C. Mark Up Subtraction (2,360,000) (2,360,000) 0 0 0 0 D. Nat Bap Costs (BC) 40,067,332 10,027,320 10,976,976 7,624,061 7,646,189 3,994,787 E. Mark Up Additions 2,360,000 0 0 1,176,000 1,176,000 F. Final Base Costs (D+E) 42,417,332 10,027,320 10,875,976 8,799,061 7,646,199 6,16&787 0. Gross Masbr Developer Profit (AF) 18,927,484) (2,348,968) (1,663,828) (3.367,617) (1,304,4491 (342.7311 H. Target Profit (D 1 12%) 4,908,080 1,203$78 1,305,117 914,887 906,423 479,374 1. Target Profit ({3,400,000.12%)Subtraction (409,000) (408,000) 0 0 0 0 J. Target Profit (63,400,000 • 12%) Additions 408,000 0 0 204,000 0 204,000 K. Total Target Profit Sum 01 H 1 J 1200% 4,808,090 796,218 1,306,117 1,118,887 906,423 683,374 L. Developer Fee (;600,000) Additions 600,000 0 0 260,000 0 260,000 M. Pay An You Go Note Sum Or G KL (14.235,564) (3,144,237) (2,868$46) (4,736,404) (2,209,972) (1,276,1061 G2 EXHIBIT D Form of Supplement SUPPLEMENT TO DEVELOPMENT AGREEMENT This SUPPLEMENT to the Development Agreement dated as of , 2005 between the Eagan Economic Development Authority, the City of Eagan and Cedar Grove Development Corp. describes a Phase of the Development contemplated by the Development Agreement. Phase No.: Description of Phase Property: Attached. Phase Site Plan: Attached. Phase Minimum Improvements: Assumed Market Values: Completion Date: Current Development Schedule: Attached Approval of a modification to the Targets described in Exhibit E to the Development Agreement is requested, and the reasons for such request are described, as follows: Dated: CEDAR GROVE PROPERTIES INC. By: Its: Approved: Executive Director Eagan Economic Development Authority D-1 EXHIBIT E Targets By December 31, 2006: $53,659,000 Minimum Assumed Market Value 15,000 square feet of retail 244 housing units, including 48 affordable housing units 2. Added By December 31, 2007: $63,676,000 Minimum Assumed Market Value 70,300 square feet of retail 306 housing units, including 61 affordable housing units 3. Added By December 31, 2008: $40,980,000 Minimum Assumed Market Value 25,500 square feet of retail 189 housing units, including 37 affordable housing units 4. Added By December 31, 2009 $39,732,000 Minimum Assumed Market Value 18,600 square feet of retail 183 housing units, including 36 affordable housing units 5. Added By December 31, 2010: $16,056,000 Minimum Assumed Market Value 133,000 square feet of hotel or retail 52 housing units, including 10 affordable housing units E-1 EXHIBIT F CERTIFICATE OF COMPLETION The undersigned hereby certifies that Cedar Grove Development Corp. and or its successors or assigns have fully and completely complied with the obligations of the Developer under that document entitled "Development Agreement," dated , 2005 between the Eagan Economic Development Authority, the City of Eagan and Cedar Grove Development Corp. with respect to construction of the Phase _ Minimum Improvements in accordance with the approved Phase Site Plans and is and are released and forever discharged from its and their obligations to construct the Phase _ Minimum Improvements under such above referenced Development Agreement, and the County Recorder and Registrar of Titles for the County of Dakota and State of Minnesota are hereby authorized to record this instrument, to be a conclusive determination of the satisfactory termination of said provisions of the Development Agreement. DATED: EAGAN ECONOMIC DEVELOPMENT AUTHORITY By: Its Executive Director [Notary and Legal Description to be added so that instrument is in recordable form] F-I EXHIBIT G-1 UNITED STATES OF AMERICA STATE OF MINNESOTA EAGAN ECONOMIC DEVELOPMENT AUTHORITY TAX INCREMENT REVENUE NOTE The Eagan Economic Development Authority (the "EDA" Eagan, Minnesota, for value received, promises to pay, but solely from the source, to the extent and in the manner hereinafter provided, to Cedar Grove Development Corp. (the "Owner") the principal sum of Thousand Dollars in semi-annual installments due on each February 1 and August 1 thereafter up to and including February 1, 2029 (each being a "Scheduled Payment Date"), together with interest on the outstanding and unpaid principal balance of this Note at the rate of 6.50% per annum. Installment payments shall be applied first to interest and then to a reduction of outstanding principal. Interest on the outstanding balance of this Note shall accrue from the date hereof and shall be added to the principal amount on each February I and August 1 installment payment date unless paid on such date. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to the Owner and mailed to the Owner at the postal address within the United States designated from time to time by the Owner. This Note is subject to prepayment on any Scheduled Payment Date at the option of the EDA, in whole or in part, upon payment to the Owner of the principal amount of the Note to be prepaid, without premium or penalty. EXCEPT AS PERMITTED BY THE DEVELOPMENT AGREEMENT, THIS NOTE IS TRANSFERABLE ONLY WITH THE CONSENT OF THE EDA AND ONLY UPON THE REGISTER OF THE EDA TREASURER, AS REGISTRAR, BY THE OWNER HEREOF OR BY ITS DULY AUTHORIZED ATTORNEY. This Note is a special and limited obligation and not a general obligation of the EDA, which has been issued by the EDA pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 469.178, subdivision 4, to aid in financing a "project", as therein defined, of the EDA consisting generally of defraying certain costs incurred and to be incurred by the EDA within and for the benefit of its Tax Increment Financing District No. 1. This Note is issued pursuant to a Development Agreement dated as of , 2005 between the EDA and the Owner (the "Development Agreement"). THIS NOTE IS NOT PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN PLEDGED TAX INCREMENT, AS DEFINED BELOW. G-1 The principal of and interest on this Note is payable solely from and only to the extent of Pledged Tax Increment received by the EDA as of each Scheduled Payment Date which has not previously been applied to payment of this Note. For purposes of this Note, the term "Pledged Tax Increment' 'means 90% of that portion of the tax increment actually received in the six-month period preceding a Scheduled Payment Date with respect to collections of ad valorem taxes from the real property described in a Supplement to the Development Agreement for Phase _ and referred to therein as the Phase _ Property which equals the amount which would have been received if the tax increment had been computed based on the lesser of the most recent assessor's market value of the Phase _ Property or the assessor's market value of the Phase _ Property as of the January 2 immediately following the issuance of a Certificate of Completion for Phase Such real property constitutes a portion of the EDA's Tax Increment Financing District No. 1. The EDA shall pay to the Owner on each Scheduled Payment Date all Available Tax Increment on that date to the extent necessary to pay principal and interest then due and any past due installment. To the extent that the EDA is unable to pay the total principal and interest due on this Note at or prior to the February 1, 2029 maturity date hereof as a result of its having received as of such date insufficient Pledged Tax Increment, such failure shall not constitute a default under this Note and the EDA shall have no fiuther obligation hereon. This Note shall not be payable from or constitute a charge upon any funds of the EDA, and the EDA shall not be subject to any liability hereon or be deemed to have obligated itself to pay hereon from any funds except the Pledged Tax Increment, and then only to the extent and in the manner herein specified. The Owner shall never have or be deemed to have the right to compel any exercise of any taxing power of the EDA or of any other public body, and neither the EDA nor any council member, officer, employee or agent of the EDA, nor any person executing or registering this Note shall be personally liable hereon by reason of the issuance or registration hereof or otherwise. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the EDA outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the EDA to exceed any constitutional or statutory limitation. G-2 IN WITNESS WHEREOF, the EDA has caused this Note to be executed by the manual signatures of the President and Executive Director of the EDA, all as of the day of EAGAN ECONOMIC DEVELOPMENT AUTHORITY President ATTEST: Executive Director (Form of Transfer) For value received, the undersigned Owner does hereby assign and transfer the foregoing Note to the named Assignee, and the undersigned Treasurer of the Eagan Economic Development Authority, as registrar, hereby certifies that the foregoing Note has been transferred and registered on the bond register in the name of such Assignee. Name of Assignee Signature of Owner Signature of Executive Director Date of Transfer on Register G-3 EXHIBIT G-2 UNITED STATES OF AMERICA STATE OF MINNESOTA EAGAN ECONOMIC DEVELOPMENT AUTHORITY CONSOLIDATED TAX INCREMENT REVENUE NOTE The Eagan Economic Development Authority (the "EDA"), Minnesota, for value received, promises to pay, but solely from the source, to the extent and in the manner hereinafter provided, to Cedar Grove Development Corp. (the "Owner") the principal sum of Dollars in semi-annual installments due on each February 1 and August 1 thereafter up to and including February 1, 2029 (each being a "Scheduled Payment Date"), together with interest on the outstanding and unpaid principal balance of this Note at the rate of 6.50% per annum. Semi-annual installment payments shall be applied first to interest and then to reduction of the outstanding principal. Interest on the outstanding balance of this Note shall accrue from the date hereof and shall be added to the principal amount on each February 1 and August 1 installment payment date unless paid on such date. Each payment on this Note is payable in any coin or currency of the United States of America which on the date of such payment is legal tender for public and private debts and shall be made by check or draft made payable to the Owner and mailed to the Owner at the postal address within the United States designated from time to time by the Owner. This Note is subject to prepayment on any Scheduled Payment Date at the option of the EDA, in whole or in part, upon payment to the Owner of the principal amount of the Note to be prepaid, without premium or penalty. EXCEPT AS PERMITTED BY THE DEVELOPMENT AGREEMENT, THIS NOTE IS TRANSFERABLE ONLY WITH THE CONSENT OF THE EDA AND ONLY UPON THE REGISTER OF THE EDA TREASURER, AS REGISTRAR, BY THE OWNER HEREOF OR BY ITS DULY AUTHORIZED ATTORNEY. This Note is a special and limited obligation and not a general obligation of the EDA, which has been issued by the EDA pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Section 469.178, subdivision 4, to aid in financing a "project", as therein defined, of the EDA consisting generally of defraying certain costs incurred and to be incurred by the EDA within and for the benefit of its Tax Increment Financing District No. 1. This Note is issued pursuant to a Development Agreement dated as of , 2005 between the EDA and the Owner (the "Development Agreement"). THIS NOTE IS NOT PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER THAN PLEDGED TAX INCREMENT, AS DEFINED BELOW. The principal of and interest on this Note is payable solely from and only to the extent of Pledged Tax Increment received by the EDA as of each Scheduled Payment Date which has not previously been applied to payment of this Note. For purposes of this Note, the term "Pledged Tax Increment" means 90% of that portion of the tax increment actually received G-4 in the six-month period preceding a Scheduled Payment Date with respect to collections of ad valorem taxes from the real property described in Exhibit A of the Development Agreement and referred to therein as the Property which equals the amount which would have been received if the tax increment had been computed based on the lesser of the most recent assessor's market value of the Property or the sum of the assessor's market values for each Phase of the Property as of the January 2 immediately following the issuance of a Certificate of Completion for each such Phase. Such real property constitutes a portion of the EDA's Tax Increment Financing District No. 1. The EDA shall pay to the Owner on each Scheduled Payment Date all Available Tax Increment on that date to the extent necessary to pay principal and interest then due and any past due installment. To the extent that the EDA is unable to pay the total principal and interest due on this Note at or prior to the February 1, 2029 maturity date hereof as a result of its having received as of such date insufficient Pledged Tax Increment, such failure shall not constitute a default under this Note and the EDA shall have no further obligation hereon. This Note shall not be payable from or constitute a charge upon any funds of the EDA, and the EDA shall not be subject to any liability hereon or be deemed to have obligated itself to pay hereon from any funds except the Pledged Tax Increment, and then only to the extent and in the manner herein specified. The Owner shall never have or be deemed to have the right to compel any exercise of any taxing power of the EDA or of any other public body, and neither the EDA nor any council member, officer, employee or agent of the EDA, nor any person executing or registering this Note shall be personally liable hereon by reason of the issuance or registration hereof or otherwise. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the EDA outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the EDA to exceed any constitutional or statutory limitation. IN WITNESS WHEREOF, the EDA has caused this Note to be executed by the manual signatures of the President and Executive Director of the EDA, all as of the day of EAGAN ECONOMIC DEVELOPMENT AUTHORITY President ATTEST: Executive Director G-S (Form of Transfer) For value received, the undersigned Owner does hereby assign and transfer the foregoing Note to the named Assignee, and the undersigned Treasurer of the Eagan Economic Development Authority, as registrar, hereby certifies that the foregoing Note has been transferred and registered on the bond register in the name of such Assignee. Name of Assignee Signature of Owner Signature of Executive Director Date of Transfer on Register G-6 EXHIBIT H Units Type Sale Price Per Single Fam. Town Homes $46,000 Unit Heritage Town Homes $46,000 Unit Carriage Town Homes $46,000 Unit Urban Flats $16,000 Unit 18 Unit Urban Flats $19,000 Unit Apts $10,000 Unit Retail $30 Sq. Ft. of Bldg. Area H-1 EXHIBIT I PURCHASE AGREEMENT This Purchase Agreement ("Agreement") is made this day of , 200_, by and between the Eagan Economic Development Authority, a Minnesota municipal corporation (hereinafter "Seller") and Cedar Grove Development Corp., a Minnesota corporation (hereinafter "Buyer") (collectively referred to as the "Parties"). WHEREAS, Seller is the owner of certain real estate (the "Property") located in Dakota County, Minnesota and legally described as follows: WHEREAS, the Property is located within City of Eagan's Tax Increment Financing District No. 1; and WHEREAS, Buyer has entered into a Development Agreement dated , 2005 with Seller concerning the development of the Property and adjacent property; and WHEREAS, Seller is willing to sell the Property to Buyer and Buyer is willing to acquire the Property all upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. PURCHASE PRICE. A. Purchase Price for the Property. The purchase price for the Property shall be $ . [$1 per parcel in the case of Acquired EDA Parcels.] B. Additional Purchase Expense Obligations of Buyer: In addition to the purchase price in paragraph (A), Buyer shall also reimburse Seller at the closing for any and all costs incurred by Seller in acquiring the Property, including, but not limited to, attorneys' fees, appraisal fees, closing costs, relocation benefits, fees charged by consultants and any other costs incurred by the Seller in acquiring the Property subsequent to the closing. [Not applicable to Acquired EDA Parcels] 2. PAYMENT OF PURCHASE PRICE. The purchase price shall be paid by the Buyer in cash or certified funds on the date of closing. 3. TITLE AND REMEDIES. Buyer has been provided a copy of a Title Commitment issued by Commercial Partners for the Property and acknowledges that the Seller will have fee title to the Property subject to the following encumbrances: 4. REAL ESTATE TAXES. Real estate taxes for all years prior to the year of closing shall be Seller's responsibility. Real estate taxes due and payable in the year of closing after I-1 200_ shall be Buyer's responsibility. Buyer shall be responsible for real estate taxes in all subsequent years. Buyer shall be responsible for any deferred real estate taxes (i.e. Green Acres taxes for the property, which shall be paid at closing). 5. SPECIAL ASSESSMENTS. Buyer shall be responsible for and shall assume any pending or levied special assessments against the Property. 6. [WELL DISCLOSURE/SEPTIC SYSTEMS DISCLOSURE. Buyer is aware that there is a sealed well on the Property as disclosed in the Well Disclosure Form attached hereto as Exhibit "A." Buyer shall be responsible for any and all additional costs related to any well on the Property.] 7. CLOSING. The closing shall take place on or before , 200_ at a place designated by Seller in Dakota County, time being of the essence, or other location mutually agreed to. 8. OBLIGATION OF PARTIES AT CLOSING. At the closing between Buyer and Seller with respect to the Property: a. Seller shall: i. Execute and deliver a Quit Claim Deed conveying marketable fee title to the Buyer subject to easements, covenants and restrictions of record, including the following: (the "Permitted Exceptions"); Buyer acknowledges that the Repurchase Agreement must be recorded prior to any mortgage that Buyer takes against the Property and further that such mortgage must contain a clause that permits the Seller to acquire the Property at the price stated in the Purchase Agreement free and clear of any mortgage encumbrance. V. Execute and deliver the Repurchase Agreement in the form and text of Exhibit "B;" and vi. Execute and deliver such other documents as may be reasonably required by Buyer to effectuate the sale and transfer of the Property. b. Buyer shall: i. Make the necessary payments required under paragraph 2 of this Agreement; ii. Pay all recording fees and charges relating to the filing of the Quit Claim Deed; 1-2 iii. Pay the title insurance premiums and the closing fee charged by the title company, if any; iv. Pay the state deed tax; V. Pay all costs relating to the updating of the Abstract of Title and the issuance of any Title Commitment or endorsements thereof, vi. Execute and deliver to Seller the Repurchase Agreement in the form and text of Exhibit "B;" vii. Provide a letter of credit or cash as required by paragraph 10 of this Agreement in the principal amount of $ ; 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER. Seller makes no representations or warranties concerning the condition of the Property. Buyer has undertaken all necessary due diligence, including any and all environmental tests Buyer deems reasonably necessary to satisfy itself as to the physical condition of the property. Buyer is purchasing the Property "As-Is" with all faults. 10. LETTER OF CREDIT. The Buyer acknowledges that the Seller acquired the Property from the former owner under a threat of condemnation. As such, Seller may be responsible for providing appropriate relocation benefits to the displaced tenants. Buyer has agreed to reimburse Seller for any and all relocation costs that Seller will pay to the displaced tenants as well as all costs incurred by Seller's consultants and attorneys to facilitate payment of the appropriate relocation benefits. To this end, Buyer shall provide Seller at the closing with an irrevocable letter of credit, in the form acceptable to Seller's attorney, in the principal amount of $ , which letter shall serve as security for Buyer's reimbursement obligations. To the extent Buyer fails to reimburse the Seller for the relocation benefits paid to the displaced tenants, Seller may draw on the letter of credit for such reimbursement. Buyer may, as an alternative, provide the Seller with a cash deposit of $ 11. NOTICES. All notices and demands given or required to be given by any party hereto to any other party shall be deemed to have been properly given if and when delivered in person, the next business day after being sent by reputable overnight commercial courier (e.g. U.P.S or Federal Express) or sent by facsimile (with verification of receipt) or three (3) business days after having been deposited in any U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows (or sent to such other address as any party shall specify to the other party pursuant to the provisions of this Section): To the Seller: Cedar Grove Development Corp. Attn: Brad Schafer 500 Banks Building 615 First Avenue North Minneapolis, MN 55413 I-3 With a Copy to: Jay R. Lindgren Dorsey & Whitney LLP 50 South 60' Street Minneapolis, MN 55402 To the Buyer: Eagan Economic Development Authority Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 With a Copy to: Robert B. Bauer, City Attorney Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 12. HEADINGS. The headings contained herein are for the purposes of convenience only and are not intended to define or limit the contents of such section or paragraph. 13. GOVERNING LAW. This Agreement shall be deemed to be a contract under the State of Minnesota and for all purposes shall be construed and enforced in accordance with the laws of such state. 14. HEIRS, SUCCESSORS AND ASSIGNS. The terms, conditions and covenants shall extend to, be binding upon, and inure to the benefit of the respective heirs, successors and assigns of the parties hereto. 15. DEFAULT. a. Seller's Remedies. If Buyer shall fail to consummate this Agreement for any reason, Seller may enforce specific performance of this Agreement or may terminate this Agreement and the Earnest Money refunded to Buyer. b. Buyer's Remedies. If Seller shall fail to consummate this Agreement for any reason, Buyer may seek specific performance of the Agreement. 16. COMMISSION. Seller represents to Buyer that Seller has not engaged, and Buyer represents to Seller that Buyer has not engaged, any broker or agent in connection with the entering into of this Agreement, the sale or purchase of the Property, or the consummation of the transactions contemplated herein. IN WITNESS WHEREOF the parties have executed this Agreement this day of , 2005. I-4 BUYER: CEDAR GROVE DEVELOPMENT CORP. By Its SELLER: EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Its: President By: Its: Executive Director I-5 EXHIBIT "B" REPURCHASE AGREEMENT This Agreement is made and entered into this day of , 2004, by and between the Eagan Economic Development Authority, a Minnesota municipal corporation (the "EDA"), and Cedar Grove Development Corp., a Minnesota corporation (hereinafter "Developer"). WHEREAS, the EDA and Developer have entered into a Purchase Agreement, dated as of , 200 (the "Contract") relating to the sale and purchase of a certain tract or parcel of land situated in Dakota County, Minnesota, described as follows: (the "Property"); and WHEREAS, contemporaneously herewith the EDA has conveyed to Developer the Property. NOW, THEREFORE, in further consideration of this conveyance and in furtherance of the understanding between the parties, Developer hereby grants to the EDA the following option to repurchase the Property; Section 1. REPURCHASE: If (a) Developer has not entered into a bona fide contract with a reputable builder for the construction of the Phase _ Minimum Improvements (as defined in that certain Supplement dated (the "Supplement") to the Development Agreement dated , 2005) on the Phase _ Property (as defined in the Supplement) and (b) such builder has not commenced construction thereof within the later of (i) three years from the date of this Agreement, or (ii) two years after the last of the tenants leave, then the EDA may at its option repurchase the Property for a purchase price of $ [not less than Developer's acquisition costs plus direct out-of-pocket costs] less the amount of any liens on the Property resulting from action by the Developer. The EDA may exercise this option to repurchase by giving written notice to Developer within thirty (30) days of the expiration of the period specified above. Upon receiving the repurchase price in cash from the EDA (which amount must be paid within thirty (30) days after the notice of option exercise is given), Developer shall convey to the EDA by limited warranty deed the Property free and clear of any encumbrances placed or suffered thereon by Developer. Section 2. RELEASE: If written notice of option exercise is not timely given to Developer or if Developer enters into the required contract and begins construction within the required period, this option to repurchase shall terminate absolutely and the EDA shall upon Developer request, execute and deliver to Developer a release of this repurchase right in recordable form. 1-7 Section 3. NOTICE: All notices, demands and requests required or permitted to be given under this Agreement must be in writing and shall be deemed to have been properly given or served either by personal delivery or by depositing the same in the United States Mail, addressed to the EDA or to Developer, as the case may be, prepaid and registered or certified mail, return receipt requested, at the following addresses: To the Seller: To the Buyer: Eagan Economic Development Authority Attn: Jon Hohenstein, Community Development Director 3830 Pilot Knob Road Eagan, MN 55122 Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice, demand or request. Either party shall have the right from time to time and at any time upon at least ten (10) days' written notice thereof, to change their respective addresses and each shall have the right to specify as its address any other address within the United States of America. Section 4. MISCELLANEOUS. The provisions of this Agreement are intended in each instance to be binding upon and inure to the benefit of the signatories hereto, to the successors and assigns of Developer who become owners of the Property and to the successors and assigns of the EDA to whom the right, title and interest herein is specifically assigned. Either party may record this instrument in the appropriate real estate records. IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the day and year first above written. DEVELOPER CEDAR GROVE DEVELOPMENT CORP. By Its STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me, a notary pubic, this day of , 200, by , the of CEDAR GROVE DEVELOPMENT CORP., a Minnesota corporation, on behalf of the corporation. Notary Public I-8 EDA EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: Its: President By: Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF EAGAN ) The foregoing instrument was acknowledged before me, a notary public, this day of , 200, by Pat Geagan and Thomas L. Hedges, the President and Executive Director of Eagan Economic Development Authority, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (RBB: 206-20390) I-9 EXHIBIT J LEGAL DESCRIPTION OF ACQUIRED EDA PARCELS (A) Lot 1, Block 1, Cedar Grove Parkway; (B) That part of the NE'/4 of Section 19, Township 27, Range 23, described as follows: Commencing at the SW corner of said NEIA; thence North along the West line of said NE1/4 a distance of 198.82 feet; thence East 33 feet to the Easterly right of way line of Cedar Avenue; thence North 47 degrees East a distance of 270 feet; thence North 18 degrees 13 minutes East a distance of 159.4 feet; thence North 40 degrees 55 minutes West a distance of 75.0 feet to a point on a line parallel with and 60 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence North 49 degrees 05 minutes East parallel with said southeasterly right of way line 358.8 feet; thence South 40 degrees 55 minutes East a distance of 190.0 feet to the actual point of beginning; thence South 49 degrees 05 minutes West parallel with said southeasterly right of way line 158.8 feet; thence South 40 degrees 55 minutes East a distance of 129.71 feet to a line parallel with and 50 feet northwesterly of the northwesterly right of way line of Beau-De-Rue Drive; thence North 56 degrees 41 minutes East parallel with said Northwesterly right of way line 160.21 feet to a line, bearing south 40 degrees 55 minutes East from the point of beginning; thence North 40.35 minutes West a distance of 150.9 feet to the point of beginning. (C) That part of the Northeast Quarter (NE 1/4) of Section nineteen (19), Township twenty- seven (27), Range twenty-three (23), Dakota County, Minnesota, described as follows: Commencing at the Southwest corner of said Northeast Quarter (NE '/4); thence North, assumed bearing, along the west line of said Northeast Quarter (NE '/4) a distance of 198.82 feet; thence East 33 feet to the easterly right of way line of Cedar Avenue; thence N 47 degrees 00 minutes E a distance of 270.00 feet; thence N 18 degrees 13 minutes E a distance of 159.4 feet; thence S 40 degrees 55 minutes E a distance of 75.0 feet to the actual point of beginning. Said last described line to be hereinafter referred to as Line "A"; thence S 49 degrees 05 minutes W. parallel with the southeasterly right of way line of State Highway No. 13 a distance of 20.0 feet; thence S 40 degrees 55 minutes E a distance of 140.35 feet to a line parallel with and 50 feet northwesterly of the northwesterly right of way line of Beau-De-Rue Drive; thence N 56 degrees 41 minutes E parallel with said northwesterly right of way line 221.95 feet more or less to a line 200.0 feet northeasterly of, measured at right angles to and parallel with said Line "A"; thence N 40 degrees 55 degrees W parallel with said line "A", 129.71 feet to a line parallel with and 250 feet southeasterly of the southeasterly right of way line of State Highway No. 13; thence S 49 degrees 05 minutes W parallel with said southeasterly right of way line 100.0 feet; thence N 40 degrees 55 minutes W J-1 parallel with said Line "A" a distance of 40.0 feet to its intersection with a line bearing N 49 degrees 05 minutes E from the point of beginning; thence S 49 degrees 05 minutes W a distance of 100.0 feet to the point of beginning. J-2 EXHIBIT K DESCRIPTION OF OTHER PARCELS The property depicted in Exhibit A, except the property described in Exhibit J. K-1 EXHIBIT M ESTOPPEL CERTIFICATE THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY (the "EDA") hereby certifies to ("[Party]") and its successors and assigns, as follows: 1. Unless the context otherwise indicates, capitalized terms not otherwise defined herein shall have the definitions given such terms in that Development Agreement (the "Development Agreement") dated , by and among the EDA, the City of Eagan ("City") and Cedar Grove Development Corp. ("Developer"). 2. The Development Agreement has not been amended or modified in any respect and represents the entire agreement of the parties thereto as to all of the subject matters dealt with therein. The Development Agreement is in full force and effect, and the EDA has given no notice of any default thereunder. Developer has represented to the EDA that it has performed all of its obligations under the Development Agreement with respect to the Development which are required to be performed as of the date hereof. To the EDA's knowledge, Developer is not in default in the performance or observance of any of its covenants or agreements under the Development Agreement or pursuant to any other agreement with City or the EDA as of the date hereof. 3. The EDA agrees to give a copy of each notice or demand to Developer with respect to any breach or default by the Developer in its obligations under the Development Agreement to [Party] at the same time of such notice, demand or other communication is given to the Developer under the Development Agreement, addressed as follows: Attention: 4. The EDA agrees to permit the cure by [Party] of any default by Developer under the Development Agreement, but acknowledges [Party] shall be under no obligation to cure any such default. 5. Although the Mortgages may indicate that the Development Agreement is a Permitted Encumbrance, the EDA acknowledges that neither Bank nor its successors or assigns, including without limitation, any successor or assignor which succeeds to the ownership of any portion of the Property by foreclosure of the Mortgages or acceptance of a deed in lieu of foreclosure and any successor or assignee thereof, shall have any liability for the performance or observance of any of Developer's obligations under the Development Agreement, other than those obligations related to construction of Phase _ Developer Improvements in order to receive reimbursement of Available Tax Increment as specified under the Development Agreement. M-1 6. The EDA acknowledges and agrees that: (a) Developer has paid to the EDA all payments of any nature whatsoever which are required to be paid prior to the date hereof pursuant to the Development Agreement. (b) The EDA has approved the Development Plans for 8. The intention of the EDA in delivering this Certificate is to clarify the application of the Development Agreement to and not to amend the Development Agreement. Dated this - day of , 200_. THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY By Its M-2 EXHIBIT N PRO FORMA AFFORDABLE HOUSING LAND PRICE Townhomes $46,000 Flats (SR) $16,000 Flats (Ryland) $19,000 Apartments $10,000