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11/05/2007 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING Monday, November 5, 2007 6:30 P.M. I. ROLL CALL PLEDGE OF ALLEGIANCE II. ADOPT AGENDA (At approximately 8.:00 p.m. the Council will take a short recess) III. RECOGNITIONS PRESENTATIONS P A. Comments from Minneapolis Mayor R.T. Rybak Recent Settlement in MAC Litigation Q IV. CONSENT AGENDA P A. APPROVE MINUTES Q B. PERSONNEL ITEMS gy �'D, C. APPROVE CHECK REGISTERS i f D. DIRECT Staff to Initiate an Amendment to Chapter 6.34, Subdivision 13 Relative to Background Investigations for p q Tobacco License Applications f• E. DIRECT Staff to Initiate an Amendment to Chapter 6.35, Subdivision 3 Relative to Background Investigations for Pull -tab Operations f .oz1 F. APPROVE Massage Therapy Establishment License for Fanny Livaditis, 4120 Lexington Way 4 9 g, G. APPROVE Amendment to the October 2, 2007 City Council Meeting Minutes ,e �.H. APPROVE Community Investment Fund as Funding Source for Ladder Truck Replacement and Balance of DCC J Capital Obligation p g I. AUTHORIZE the Preparation of Specifications and Advertisement for Bids for a Sound System in the Civic Arena West Rink 4a9 J. AUTHORIZE the Preparation of Specifications and Advertisement for Bids for Replacement Tread Mills for the Eagan Community Center K. APPROVE Extension for Recording Final Subdivision Marion Addition L. APPROVE Extension for Recording Final Subdivision Whispering Woods Fourteenth Addition p3q M. APPROVE Wetland Delineation Marsh Cove nn N. APPROVE Final Plat for Dart Transit Company Addition P P O APPROVE Change Order No. 1, Contract 07 -06, Lebanon Hills Long Acres Storm Drainage Improvements APPROVE Supplemental Agreements No. 7 -10 and Work Orders No. 32-36 for Contract 06 -01, TH 149 e 3 f Reconstruction ,.LI.` Q. DIRECT Staff to Initiate an Amendment to Chapter 11, Specifically as it Relates to Unifying and Clarifying Spacing Requirements Between Certain Land Uses f 4 R. DIRECT Staff to Initiate an Amendment of Chapter 6.53, Relative to Minor Modifications of the Fireworks Permit Regulations f4.� S. APPROVE Final Subdivision Marsh Cove e T. APPROVE Final Subdivision for Dodd Parkside r.4 U. AUTHORIZE the City Attorney to Enter into Negotiations to Secure an Option for Potential Purchase of and for Future Fire Station V. PUBLIC HEARINGS PJs) A. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS P 63 B. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS 1 S PSS C. CERTIFICATION OF DELINQUENT UTILITY BILLS 1°•79 D. PROJECT 942, FINAL ASSESSMENT HEARING, Deerwood Drive (Street Overlay) f E. PROJECT 946, FINAL ASSESSMENT HEARING, Thomas Center Drive (Street Overlay) F. PROJECT 947, FINAL ASSESSMENT HEARING, Fawn Ridge Additions (Street Overlay) pii3G. PROJECT 948, FINAL ASSESSMENT HEARING, Westbury Addition (Street Overlay) LASH. PROJECT 949, FINAL ASSESSMENT HEARING, Lexington Square (Street Overlay) VI. OLD BUSINESS f ?jt/ "]A. PRELIMINARY SUBDIVISION DG Welding First Addition A Preliminary Subdivision of approximately 8.4 acres to create 2 lots located at 3265 Sun Drive and 3245 Terminal Drive on Lot 1, Block 1, Tan Me Industrial Park and Lot 1, Block 1, Bachman's Eagan Addition in the SE 1 /4 of Section 08. VII. NEW BUSINESS ►VA CONDITIONAL USE PERMIT Town Center Pylon Sign A Conditional Use Permit to amend the Town Centre pylon sign agreement located at 1276 -1312 Town Centre Drive on Lots 1 and 2, Block 1, Town Centre 70 2 Addition in the NW 'VI of Section 15. PRELIMINARY SUBDIVISION AND FINAL SUBDIVISION for Cedar Grove Gateway 1 Addition A Preliminary and Final Subdivision to create two parcels on approximately 5.5 acres located on either side of State Highway 13 in the NW 'A of Section 19. VIII. LEGISLATIVE /INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY e 021 A. Call to Order B. Adopt Agenda C. Approve Minutes D. Old Business E. New Business a 10 1, CEDAR GROVE REDEVELOPMENT DISTRICT Approve Lease Agreement to operate sales center at 3935 Sibley Memorial Highway, Doran -Pratt Development 2. CEDAR GROVE REDEVELOPMENT DISTRICT Authorize Negotiation of Amendment of Nicols d+ Ridge /Lennar Development Agreement f 3. CEDAR GROVE REDEVELOPMENT DISTRICT Approve Doran -Pratt Preliminary Core Area y" R e d eve l opment C oncept P aaci 4. CEDAR GROVE REDEVELOPMENT DISTRICT Authorize Preparation of Update of Alternative Urban Areawide Assessment for Redevelopment Area I a F. Other Business G. Adjourn X. ADMINISTRATIVE AGENDA COUNCIL COMMENTS 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. Agenda Information Memo November 5, 2007 City Council Meeting III. Recognitions and Presentations A. COMMENTS FROM MINNEAPOLIS MAYOR R.T. RYBAK RECENT SETTLEMENT IN MAC LITIGATION ACTION TO BE CONSIDERED: No action is required. FACTS: Minneapolis Mayor R.T. Rybak has asked for an opportunity to address the City Council following the cities' recent success in the adoption of the settlement in the litigation versus the Metropolitan Airports Commission (MAC). Per Council policy and past practice, this item was added under Recognitions and Presentations at the request of two Councilmembers. The settlement was adopted by the Cities of Eagan, Minneapolis, and Richfield on October 16, 2007. Over 9,500 homes in the three cities will be eligible for noise mitigation, including over 600 homes in Eagan. The settlement is valued at approximately $130 million. Pending FAA acceptance of the settlement by November 30, 2007, the program would begin to be implemented at the end of 2008 and be completed by 2014. City of Eagan Memo TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 2, 2007 SUBJECT: AGENDA INFORMATION FOR NOVEMBER 5, 2007 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the November 5, 2007 City Council agenda, the following items are in order for consideration. Agenda Information Memo November 5, 2007 Eagan City Council Meeting 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 October 16, 2007 regular City Council meeting as presented or modified. ATTACHMENTS: CONSENT AGENDA Minutes of the October 16, 2007 regular City Council meeting are enclosed on pages 1 4 through g 3 MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota October 16, 2007 A Listening Session was held at 6:00 p.m. in the Eagan Room prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Fields, Carlson, and Bakken, Councilmember Tilley was absent. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on October 16, 2007 at 6 :30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Carlson, Fields and Bakken. Councilmember Tilley was absent Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert; City Attorney Bob Bauer, and Administrative Secretary Deputy Clerk Mira Pepper. AGENDA City Administrator Hedges recommended that three items under the administrative agenda be added as items X, Y and Z to the Consent Agenda. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the agenda as amended. Aye:4 Nay: 0 RECOGNITIONS AND PRESENTATIONS City Administrator Hedges was recognized for his 35 years of service which was recently acknowledged at the International City Managers Association conference in Pittsburgh. CONSENT AGENDA Item I was pulled for discussion; item N was continued. Councilmember Bakken moved, Councilmember Fields seconded a motion to approve the consent agenda as amended. Aye: 4 Nay: 0 A. Minutes. It was recommended to approve the minutes of the October 2, 2007 regular City Council meeting, as presented. B. Personnel Items. 1. It was recommended to approve the hiring of Melissa Lockamn, part time Manager -on -Duty at the Teen Center. 2. It was recommended to accept the letter of resignation from Cathy Grubb, Recreation Supervisor. C. Check Registers. It was recommended to ratify the check registers dated October 4 and October 11, 2007 as presented. D. Tobacco License. It was recommended to approve a Tobacco License for Bassil Dyab to sell tobacco products at 4206 Nicols Road. E. Tobacco License. It was recommended to approve a Tobacco License for Robert Hollen to sell tobacco products at 1960 Cliff Lake Road, Suite 106. F. Grant. It was recommended to accept a $700 grant from Target Corporation to be used to help start a bicycle patrol program for the Police Explorer Program. G. CIP. It was recommended to approve the 2008 -2012 Parks and Recreation CIP as presented. H. Grant. It was recommended to authorize the preparation of a Minnesota Sesquicentennial Legacy Grant Application for improvements to the Eagan Art House and Patrick Eagan Park. I. Pulled for Discussion: Findings of Fact, Conclusions and Resolution of Denial of a request for a Variance to allow a detached accessory structure in the front yard at526 Chapel Lane in the NE '/o of Section 12. J. Item Removed. K. Uniform Signage Plan. It was recommended to approve a Uniform Signage Plan to allow additional signage for a seasonal Farmers Market at the Grand Oak Office Building located at 2805 Dodd Road, legally described as Lot 1, Block 1, Grand Oak Five, in the NE 'A of Section 2, subject to the conditions listed in the APC minutes. ORA Eagan City Council Meeting Minutes October 16, 2007 Page 2 I. Pulled for Discussion: Findings of Fact, Conclusions and Resolution of Denial of a request for a Variance to allow a detached accessory structure in the front yard at 526 Chapel Lane in the NE'/ of Section 12. L. Extension of TIF District. It was recommended to authorize the submittal of a request for special legislation to extend the term of the Cedar Grove Redevelopment TIF District. M. Contamination Investigation and RAP Development Grant. It was recommended to adopt a resolution approving the application submittal and 25% local funding commitment match for a Contamination Investigation and RAP Development Grant for environmental cleanup in the Cedar Grove Redevelopment Core Area. N. CONTINUED Acknowledge completion and approve the release of a development contract between the City of Eagan and Wings Financial Federal Credit Union for Wings Addition. O. Contract 07 -04. It was recommended to award Contract 07 -04 (Boulder Lakes Street Utility Lone Oak Road Trunk Water Main Improvements), to S.J. Louis Construction, Inc. for the base bid in the amount of $1,455,561, and authorize the Mayor and City Clerk to execute all related documents. P. Contract 07 -06. It was recommended to receive the bids for Contract 07 -06 (Lebanon Hills Regional Park Long Acres Storm Sewer Improvements) and award the contract to Minger Construction, Inc. for the Base Bid in the amount of $747,142.75, and authorize the Mayor and City Clerk to execute all related documents. Q. Contract 07 -07. It was recommended to award Contract 07 -07 (South Dodd Road Utility and Lift Station Improvements), to Geislinger and Sons, Inc., for the base bid in the amount of $236,733, and authorize the Mayor and City Clerk to execute all related documents. R. Consulting Engineering Services, It was recommended to approve the process and authorize the Solicitation of Qualifications (SOQ) for consulting engineering services. S. Contract 06 -01. It was recommended to approve Change Order Number 2 -4 for Contract 06 -01, TH 149 Reconstruction. T. BETC Legal Services. It was recommended to approve Bob Vose of the firm Kennedy Graven to provide telecommunications legal services for BETC and to direct staff to make all necessary arrangements for the selection to take immediate effect. U. Amendment to Minutes. It was recommended to amend the June 16, 2007 City Council minutes regarding the conditions for the approval of the Preliminary Subdivision Manley Commons. V. Massage Therapy Establishment License. It was recommended to approve a Massage Therapy Establishment License Renewal for John Sullivan, Cross Train Fitness and Health, 2020 Silver Bell Road. W. Temporary On -Sale Liquor License. It was recommended to approve a temporary on -sale liquor license for the Southwest Area YMCA and waive the $150.00 license fee. X. Premise Permit. It was recommended to adopt a resolution approving a Premise Permit for CLIMB Theatre to conduct pull -tab operations at Time -Out Restaurant, 2864 Highway 55. Y. Massage Therapist Establishment License. It was recommended to approve a Massage Therapist Establishment License for Lane Baez (Baez Body Works), 1590 Thomas Center Drive, Suite 110. Mayor Maguire provided background information regarding this item which was pulled from the consent agenda. The request for a variance to allow a detached accessory structure in the front yard at 526 Chapel Lane was considered at the October 2 Council meeting and after testimony from neighboring property owners who objected to the proposed structure, Council directed findings of fact, conclusions and resolution of denial be brought back to this meeting. The applicant, who was unable to attend the October 2 meeting, discussed the proposed accessory structure, showing pictures of surrounding properties. He also provided signatures from other area residents who are unopposed to the proposed structure. City Planner Ridley gave a brief staff report. Two neighboring property owners spoke in opposition to the variance. Councilmember Fields moved, Councilmember Carlson seconded a motion to adopt Findings of Fact, Conclusions and Resolution of Denial of a request for a variance to allow a detached accessory structure in the front yard at 526 Chapel Lane. Aye: 4 Nay: 0 5- Eagan City Council Meeting Minutes October 16, 2007 Page 3 PRESENTATION OF BUSINESS SURVEY RESULTS 7 Bill Morris of Decision Resources, via video tape, provided an overview of the Business Survey results. PUBLIC HEARINGS PROJECT 918, PILOT KNOB ROAD LONE OAK ROAD FINAL ASSESSMENT ROLL City Administrator Hedges introduced this item regarding the final assessment roll for the street upgrade and intersection reconfiguration for Pilot Knob Road and Lone Oak Road. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the final assessment roll for Project 918 (Pilot Knob Road Lone Oak Road Street Upgrade and Intersection Reconfiguration, and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 944, KILLDEER ADDITION (JOYCE COURT) STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for street overlay improvements for Killdeer Addition. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve the final assessment roll for Project 944 (Killdeer Addition Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 PROJECT 945, SHEFIELD ADDITION (SUDBERRY LANE) STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING City Administrator Hedges introduced this item regarding the final assessment roll for street overlay improvements for Sheffield Addition. Public Works Director Colbert gave a staff report. Mayor Maguire opened the public hearing. There being no public comment, he closed the public hearing and turned discussion back to the Council. Councilmember Carlson moved, Councilmember Bakken seconded a motion to approve the final assessment roll for Project 945 (Shefield Addition Street Overlay Improvements) and authorize its certification to Dakota County for collection. Aye: 4 Nay: 0 OLD BUSINESS CAMBERWELL DRIVE OXFORD ROAD STOP SIGN PETITION City Administrator Hedges introduced this item regarding a petition for the installation of all -way stop signs at the intersection of Camberwell Drive and Oxford Road. Public Works Director Colbert gave a staff report. A brief discussion was held and it was the consensus of Council that the installation of stop signs is not warranted at this time. Eagan City Council Meeting Minutes October 16, 2007 Page 4 Mayor Maguire moved, Councilmember Carlson seconded a motion to receive a petition and deny the installation of all -way stop signs at the intersection of Camberwell Drive and Oxford Road, Aye: 3 Nay: 0 Bakken abstained. City Administrator Hedges introduced this item regarding the preliminary subdivision to create two lots upon approximately 8.4 acres located at 3265 Terminal Drive, City Planner Ridley gave a staff report. Public Works Director Colbert discussed an additional condition pertaining to an ingress /egress easement. After significant discussion relative to the existing utility and access easements that encumber the subject site, Mayor Maguire suggested the item be continued to allow time for the effected parties (DG Welding, the City of Apple Valley, and Blue Cross Blue Shield) to meet with City staff, regarding the easement issue. Mayor Maguire moved, Councilmember Fields seconded a motion to continue consideration of a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachmans Eagan Addition in the SE 'A of Section 8 until November 5, 2007. Aye: 4 Nay: 0 City Administrator Hedges noted that the Minnesota Legislative Committee hearing on the High Speed Minnesota Bill would be held at City Hall from 4:00 p.m. to 5:30 p.m. on Wednesday, October 17, The regular City Council meeting was recessed at 8:40 p,m. to immediately convene a meeting of the Economic Development Authority. The regular City Council meeting was reconvened at 8:45 p.m. ADMINISTRATIVE AGENDA CITY ADMINISTRATOR: PRELIMINARY SUBDIVISION (DG WELDING FIRST ADDITION) DG ENTERPRISES LEGISLATIVE INTERGOVERNMENTAL AFFAIRS UPDATE METROPOLITAN AIRPORTS COMMISSION LITIGATION SETTLEMENT City Administrator discussed this item regarding settlement in the City's litigation versus the Metropolitan Airports Commission along with the cities of Minneapolis, Richfield, and Eagan. The Council adjourned to a closed session at 9:47 p,m. The Council reconvened at 9:55 p.m. NEW BUSINESS ID,c) Assistant to City Administrator Miller provided an update regarding the proposed settlement agreement. Mayor Maguire moved, Councilmember Bakken seconded a motion to approve the proposed settlement in the City's litigation versus the Metropolitan Airports Commission. Aye: 4 Nay: 0 PUBLIC WORKS DIRECTOR: Public Works Director Colbert discussed the need for a variance to the construction activity noise regulations for the Highway 149 project. Councilmember Bakken moved, Councilmember Fields seconded a motion to grant a variance to the construction activity noise regulations, allowing work to continue 24 hours a day, seven days a week until November 30, 2007 for the Highway 149 project. Aye: 4 Nay: 0 Eagan City Council Meeting Minutes October 16, 2007 Page 5 Date Administrative Secretary Deputy City Clerk VISITORS TO BE HEARD There were no visitors who wished to be heard. Councilmember Bakken moved, Councilmember Fields seconded a motion to adjourn the meeting at 9 :15 p.m. 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. Agenda Information Memo November 5, 2007 Eagan City Council Meeting B. PERSONNEL ITEMS There are no Personnel Items to be considered at this time. Agenda Information Memo November 5, 2007 Eagan City Council Meeting ACTION TO BE CONSIDERED: ATTACHMENTS: C. RATIFY CHECK REGISTERS To ratify the check registers dated October 18, 2007, October 25, 2007 and November 1, 2007 as presented. Check registers dated October 18, 2007, October 25, 2007 and November 1, 2007 are enclosed without page number. /0 Agenda Memo November 5, 2007 CONSENT AGENDA: D. DIRECT staff to initiate an amendment to Chapter 6.34, Subdivision 13 to require background investigations for tobacco license applications. ACTION TO BE CONSIDERED: Direct staff to initiate an amendment to Chapter 6.34, Subdivision 13 to require background investigations for tobacco license applications. FACTS: The City Code does not currently require that a background investigation be conducted prior to the issuance of tobacco licenses, however the Police Department is asked to review the applications prior to City Council approval. The same type of investigation that is conducted for massage therapists is being conducted by the Police Department when they are asked to review a tobacco license application. It is the recommendation of the Police Department and the Administration Department that the City Code be amended to require that these background investigations be conducted, thus a fee be charged that is comparable to other similar application background investigations. The proposed fee for the background investigation is $100 which is the same fee charged for massage therapist license applicants. ATTACHMENTS: A copy of Cha er 6.34 of the City Code regarding tobacco licenses is enclosed as pages through 6.32 Sec. 6.33. Reserved. (Ord. No. 32, 2nd series, eff. 5 -6 -86) EAGAN CODE of the female, whether alone or between members of the same or opposite sex or between humans and animals or an act of apparent sexual stimulation or gratification. 7. Sexual excitement means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. B. It is unlawful for any licensee, for a monetary consideration or other valuable commodity or service, to knowingly or recklessly (1) exhibit an obscene performance, or (2) directly or indirectly sell an admission ticket by other means to gain entrance to an obscene performance, or (3) directly or indirectly permit admission of a person to premises whereon there is exhibited an obscene performance. C. Any prosecution under this subdivision shall include the following elements: (1) that the average person, applying contemporary community standards, would find the performance, taken as a whole, appealing to the prurient interest of the audience; (2) that the performance describes or depicts, in a patently offensive way, sexual conduct included in the definition of "obscene performance and (3) that the performance, taken as a whole, lacks serious literary, artistic, political or scientific value. (Code 1983, 6.32, eff. 1 -1 -83) Sec. 6.34. Tobacco. Subd. 1. Purpose. The city recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess and use tobacco, tobacco products and tobacco related devices, and the city such sales, possession and use both of tobacco, and federal tobacco intends to regulate the sale, possession and use related devices for the purpose of enforcing and furthering existing laws, to prevent and protect minors against the illegal use of tobacco, tobacco products and tobacco related S and to further the official public policy of the State of Minnesota, as state d in in regard to preventing minors from starting to smoke. Subd 2. Definitions. The following terms, as used in this section, shall have the meanings stated: Compliance checks means the enforcement system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products and tobacco related devices are following and complying with the requirements of this section. Compliance checks shall involve the use of minors as authorized by this section i es for authorized minor attemts to of purchase this tobacco, tobacco products or tobacco related dev section, as well as educational, research and training purposes as authorized by state and federal laws. Supp. No. 4 CD6:12 OTHER BUSINESS REGULATION AND LICENSING 6.34 Hearing officer means the city administrator or any other city employee duly appointed by the city administrator. Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to: single cigarette packs; single bags or cans of loose tobacco in any form; and single cans or other packaging of snuff or chewing tobacco; cartons or other packaging containing more than a single pack or other single container as described in this paragraph shall not be considered individually packaged. Loosies means the common term used to refer to a single or individually wrapped cigarette. Minor means any person under the age of 18 years. Moveable place of business shall mean any form of business operated out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Retail establishment means any place of business where tobacco, tobacco products or tobacco related devices are available for sale to the general public, including, but not be limited to: grocery stores; convenience stores; liquor establishments; and restaurants. Sale or sell means any transfer of goods for money, trade, barter, or other consideration. Self service merchandising means open displays of tobacco, tobacco products or tobacco related devices for sale in any manner which any person may have access to tobacco, tobacco products or tobacco related devices without the assistance or intervention of the licensee or the licensee's employee. Assistance or intervention for access shall require the actual physical exchange of the tobacco, tobacco product or tobacco related device between the customer and the license or employee. For purposes of this definition, self service merchandising does not include vending machines. Tobacco or tobacco products means any substance or item that consists of leaf tobacco that contains nicotine, including but not limited to: cigarettes; cigars; pipe tobacco; snuff, fine cut or other chewing tobacco; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready ribbed, and other smoking tobacco; snuff flowers; cavendish; shorts; plug and twist tobaccos; dipping tobaccos; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco leaf prepared in such manner as to be suitable for chewing, sniffing, or smoking. For purposes of this section, a tobacco or tobacco product includes both individually packaged items, such as a pack of cigarettes or a can of chewing tobacco, and cartons containing two or more individually packaged tobacco products. Tobacco related device means any product intentionally designed or intended to be used in connection with chewing, sniffing, smoking or using tobacco or tobacco products, including a pipe, rolling papers, tobacco or tobacco product carrying case or lighter. Supp. No. 4 CD6:1.3 )3 6.34 Supp. No. 4 EAGAN CODE Vending machine means any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco related devices upon the insertion of money, tokens or other forut of payment directly into the device by the person seeking to purchase or otherwise obtain the tobacco, tobacco products or tobacco related device. Subd 3. License required. It is unlawful for any person to, directly or indirectly, keep for retail sale, sell at retail, or otherwise dispose of any tobacco, tobacco product or tobacco- related device without a license therefor from the city Subd 4. License application. Application for a license to sell tobacco, tobacco products or tobacco related devices hereunder shall be made on a food provided by the city. The application shall contain the full name of the applicant, the applicant's residential address and telephone number, the name of the business, the address and telephone number for which the license is sought, and any additional information the city deems necessary. Upon receipt of the completed application and license fee, the city council shall take action on the license application at the next regularly scheduled city council meeting. If the city clerk determines that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. Subd 5. Action on license application. The city council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the city council approves the license, a license shall be immediately issued to the applicant. If the city council denies the license, notice of the denial shall be given to the applicant. The city council may deny a license on the following grounds: A. The applicant is under the age of 18 years. B. The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provisions or other regulation relating to tobacco or tobacco products or tobacco related devices. C. The applicant has had a license to sell tobacco, tobacco products or tobacco related devices revoked within the preceding 12 months of the date of application. D. The applicant fails to provide information required on the application or provides false or misleading information. E. The applicant is prohibited by federal, state or other local law, ordinance or other regulation from holding such a license. Subd 6. Conditions of license. A. Separate licenses shall be issued for the sale of tobacco, tobacco product or tobacco related devices at each fixed place of business and no license shall be issued for a moveable place of business. B. The licensee shall comply with all provisions on this section. CD6:14 OTHER BUSINESS REGULATION AND LICENSING 6.34 Subd. 7. Duration of license. All licenses issued under this section shall expire on December 31st of each year. Subd. 8. Suspension or revocation. Any license issued under this section may be revoked or suspended for any violation of this section or for any violation of any federal, state or other law, ordinance or regulation relating to tobacco products or tobacco related device as follows: A. A licensee's authority to sell cigarettes at the licensed location may be suspended for a violation of this section. B. In the case of suspension, there shall be no license refund. C. License revocation may be instituted following a misdemeanor or petty misdemeanor conviction under this section of any officer, director, manager, or other agent or employee of any license. Subd 9. Termination of license. All licenses issued under this section shall be valid only for the premises for which the license was issued and only for the person to whom the license was issued. No license may be transferred to another location or person and any transfer or change of ownership of the licensed premises shall terminate the license. Subd 10. Moveable place of business. No license shall be issued to a moveable place of business. Subd 11. Display of license. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. Subd 12. Renewals. The renewal of a license issued under this section shall be made in accordance with this section as the original application. The request for a renewal shall be made at least 30 days, but no more than 60 days before the expiration of the current license. No license shall be renewed in the absence of payment of the annual license fee. Subd 13. License fees. No license shall be issued under this section until the license fee is paid in full, The fee for a license under this section shall be in an amount set forth by city council resolution. Subd .14. Unlawful sales. It shall be unlawful for any person to sell or offer to sell any tobacco, tobacco product or tobacco related device: A. To any person under the age of 18 years; B. By means of any type of vending machine; C. By means of self service merchandising of individually packaged tobacco or tobacco products; D. Containing opium, morphine, jimpson weed, belladonna, strychnos, cocaine, mari- juana, or other deleterious, hallucinogenic, toxic, or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. Supp. No. 4 CD6:14.1 6.34 EAGAN CODE Subd. 15. Self service sales. All tobacco, tobacco products and tobacco related devices which are individually packaged shall be either stored behind a counter or other area, including a case or other storage unit, which is not freely accessible and not left open or accessible by the general public. Any retailer selling tobacco, tobacco products or tobacco related devices at the time this section is adopted shall comply with this section within 30 days of the effective date of this section. Subd 16. Responsibility. All licensees under this section shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products or tobacco related devices on the licensed premises, and the sale of such an item by an employee shall be considered a sale by the licensee. Nothing in this section shall be construed as prohibiting the city from subjecting a licensee's employee to any penalties appropriate under this section, state or federal law, or other applicable law or regulation. Subd 17. Compliance checks and inspections. All licensed premises shall be open to inspection by the city during licensee's regular business hours. From time to time, but at least once per calendar year, the city shall conduct unannounced compliance checks to ensure compliance with the provisions years, but less than 18 yearcompliance with the cheeks written consent o minors who are over the age of 15 y their parent or guardian), who shall enter the licensed premise and purchase or attempt to purchase tobacco, tobacco products or tobacco related devices. Minors used for the purpose of compliance cheeks shall be supervised by designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be in violation of any law prohibiting the purchase or attempted purchase, or the unlawful possession of tobacco, tobacco products or tobacco related devices by a minor when such items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and shall answer all questions about the minor's age asked by the licensee or licensee's employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit other or additional compliance checks authorized by state or federal laws for educational, research, or training purposes required for the enforcement of a particular state or federal law. Subd 18. Unlawful purchase or possession. Unless otherwise provided, the following acts shall be unlawful. A. Illegal possession. It is unlawful for any minor to have in his/her possession any tobacco, tobacco product or tobacco related device. This subdivision shall not apply to minors lawfully involved in a compliance check or fulfilling his duties as an employee of the licensee in making a retail sale. B. Illegal purchase by minor. It shall be unlawful for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco related device. C. Illegal purchase or procurement for minor. It shall be unlawful for any person to purchase or otherwise obtain for or provide to any minor any tobacco, tobacco product Supp. No. 4 /(a CD6:14.2 OTHER BUSINESS REGULATION AND LICENSING 6.34 or tobacco related device. It shall further be unlawful for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product or tobacco related device. This paragraph shall not apply to minors lawfully involved in compliance checks or fulfilling his duty as an employee of the licensee in making a retail sale. D. Use of false identification. It shall be a violation of this section for any minor to attempt to disguise his/her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. Subd. 19. Administration procedures and penalty. A. Notice. Upon discovery of a violation of this section, a citation that sets forth the alleged violation and which shall inform the alleged violator of his/her right to be heard on the accusations shall be issued and served upon the violator either personally or by mail. B. Hearings. If a person accused of violating this section requests a hearing within ten days of the issuance of the citation, a hearing shall be scheduled, of which the time and place shall be published and provided to the accused violator, but in no event more than 14 days after the violator's request for a hearing. C. Hearing officer. Such hearing shall be held before the hearing officer and shall be open to the public. D. Decision. Upon conclusion of the hearing, the hearing officer shall issue written findings of fact and conclusions detailing whatever violation has occurred and whether the alleged violator committed it. A copy of the hearing officer's written findings of fact and conclusions shall be provided to the accused violator. If the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the accused violator. E. Appeals. The violator may appeal the decision made by the hearing officer to the district court. F. Misdemeanor prosecution. A violator of any provision of this section shall be deemed a misdemeanor. If the violator is criminally charged, no administrative penalty shall be imposed. G. Continued violation. Each day which a violation occurs or continues shall constitute a separate offense. H. Penalties. 1. Licensees. Any licensee found to have violated this section, or whose employee has violated this section, shall be charged an administrative fine of $75.00 for a first violation of this section; $200.00 for a second violation at the same licensed premises within a 24 -month period; and $250.00 for a third or subsequent violation at the same licensed premises within a 24 -month period. In addition, Supp. No. 9 CD6:15 17 6.34 EAGAN CODE upon the third violation, the license shall be suspended for seven days. Upon the fourth or subsequent violation at the same licensed premises that has occurred since the date on which the city issued its initial license to the licensee under this section, the city council shall determine the penalty to be imposed. 2. Other individuals. Individuals, other than minors regulated by subparagraph H(3) herein, found to be in violation of this section shall be charged an administrative fee of $50.00, unless the individual is charged with a criminal offense arising out of the same violation. 3. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products or tobacco related devices shall be handled in the same manner as nay other juvenile or minor charged with a violation of the law. 4. Suspension upon failure to pay administrative penalty. Any administrative fine imposed hereunder shall be paid by the licensee within 30 days of the date of notice. The licensee's failure to pay the administrative fine within 30 days of the date of notice shall be grounds for suspension of the license and the license shall remain suspended until the administrative fine is paid in full, plus any surcharge or interest imposed for late payment. Subd. 20. Exceptions and defenses. A. Religious, spiritual or cultural ceremony. Nothing in this section shall prevent the providing of tobacco, tobacco products or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony with the consent of the minor's parent or legal guardian. B. Reliance of proof of age. It shall be an affirmative defense to the violation of this section for a person to have reasonably relied on proof of age as described by state law. (Code 1983, 6.34, eff. 1- 1 -83; Ord.. No. 134, 2nd series, eff. 2- 28 -92; Ord. No. 266, 2nd series, eff. 11- 12 -98; Ord. No. 314, 2nd series, 1, eff. 6- 28 -01; Ord. No. 332, 2nd series, 1, eff. 3- 28 -02) State law reference Municipal cigarette license, Minn. Stat. 461.12 et seq. Sec. 6.35. Gambling. Subd. 1. Purpose. To ensure that charitable gambling in the city is conducted by nonprofit organizations and that the proceeds from such gambling are used primarily for the betterment of the residents and businesses of the community. These restrictions shall be no less restrictive than Minnesota Statutes or regulations and shall apply only to pull -tabs. Subd. 2. Approval required. It is unlawful for any nonprofit organization to operate or sell pull-tabs in the city without approval from the council. Subd. 3. Applications. A. Applications for pull -tab approval shall be considered and approved by the council at regular meetings. Supp. No. 9 CD6:16 Agenda Memo November 5, 2007 CONSENT AGENDA: E. DIRECT staff to initiate an amendment to Chapter 6.35, Subdivision 3 to require background investigations for pull -tab operation applications. ACTION TO BE CONSIDERED: Direct staff to initiate an amendment to Chapter 6.35, Subdivision 3 to require background investigations for pull -tab operation applications. FACTS: The City Code does not currently require that a background investigation be conducted prior to the issuance of a premise peanit for pull -tab operations. The State of Minnesota Gambling Control Board requires City approval prior to their issuance of a premise permit. It is the recommendation of the Police Department and the Administration Department that the City Code be amended to require that background investigations be conducted, and a fee be charged. The proposed fee for the background investigation is $250. The investigation of an organization applying for a permit is more in -depth and time consuming than that of an individual (i.e. massage therapist license applicant), thus the higher investigation fee. It is also recommended that the organization's gambling manager be included in the background investigation. ATTACHMENTS: A copy of Chapter 6.35 of the City Code regarding gambling is enclosed as page through 6.34 EAGAN CODE upon the third violation, the license shall be suspended for seven days. Upon the fourth or subsequent violation at the same licensed premises that has occurred since the date on which the city issued its initial license to the licensee under this section, the city council shall determine the penalty to be imposed. 2. Other individuals. Individuals, other than minors regulated by subparagraph H(3) herein, found to be in violation of this section shall be charged an administrative fee of $50.00, unless the individual is charged with a criminal offense arising out of the same violation. 3. Minors. Minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, tobacco, tobacco products or tobacco related devices shall be handled in the same manner as nay other juvenile or minor charged with a violation of the law. 4. Suspension upon failure to pay administrative penalty. Any administrative fine imposed hereunder shall be paid by the licensee within 30 days of the date of notice. The licensee's failure to pay the administrative fine within 30 days of the date of notice shall be grounds for suspension of the license and the license shall remain suspended until the administrative fine is paid in full, plus any surcharge or interest imposed for late payment. Subd. 20. Exceptions and defenses. A. Religious, spiritual or cultural ceremony. Nothing in this section shall prevent the providing of tobacco, tobacco products or tobacco related devices to a minor as part of a lawfully recognized religious, spiritual or cultural ceremony with the consent of the minor's parent or legal guardian. B. Reliance of proof of age. It shall be an affirmative defense to the violation of this section for a person to have reasonably relied on proof of age as described by state law. (Code 1983, 6.34, eff. 1 -1 -83; Ord. No. 134, 2nd series, eff. 2- 28 -92; Ord. No. 266, 2nd series, eff. 11- 12 -98; Ord. No. 314, 2nd series, 1, eff. 6 -28 -01; Ord. No. 332, 2nd series, 1, eff. 3- 28 -02) State law reference Municipal cigarette license, Minn. Stat. 461.12 et seq. Sec. 6.35. Gambling. Subd. 1. Purpose. To ensure that charitable gambling in the city is conducted by nonprofit organizations and that the proceeds from such gambling are used primarily for the betterment of the residents and businesses of the community. These restrictions shall be no less restrictive than Minnesota Statutes or regulations and shall apply only to pull -tabs. Subd. 2. Approval required. It is unlawful for any nonprofit organization to operate or sell pull -tabs in the city without approval from the council. Subd. 3. Applications. A. Applications for pull -tab approval shall be considered and approved by the council at regular meetings. Supp. No. 9 CD6:16 OCb. OTHER BUSINESS REGULATION AND LICENSING 6.36 B. Only applications submitted by eligible organizations will be considered for approval by the council. C. An applicant nonprofit organization shall provide adequate proof that it has at least 15 active members and that at least 15 of its members are either employed or live within the city or that it is a nationally known charitable organization as determined by the city. Subd. 4. Regulations and restrictions, A. In addition to regulations imposed by the state, all information and reports required to be submitted to the state shall also be submitted to the city, both with the application and on an annual basis. B. Pull -tabs may be sold only in on -sale liquor licensed establishments in the city, which are either owned or leased by the eligible organization. C. Eligible organizations may, however, be granted a temporary license for the operation of pull -tabs in premises other than on -sale liquor licensed establishments for no more than four consecutive days. Subd. 5. Distribution of proceeds. Every organization conducting lawful gambling within the City of Eagan shall expend 60 percent of its expenditures derived from lawful gambling on lawful purposes conducted or located within the City of Eagan or the City of Eagan's trade area. The City of Eagan's trade area is defined as the cities of Apple Valley, Bloomington, Burnsville, Inver Grove Heights, Mendota Heights, Rosemount and Sunfish Lake. Annually, every organization must file with the city, on a form provided by the city, a report signed by an independent certified public accountant, documenting compliance with this section. In addition, every organization must submit a report to the city each January listing all lawful purpose expenditures from January 1 to December 31 of the preceding year. The report shall identify the name of the entity to whom the check was written, the city location of the recipient, and the amount of the donation. (Code 1983, 6.35, eff. 1 -1 -83; Ord. No. 50, 2nd series, eff. 6- 26 -87; Ord. No. 352, 2nd series, eff. 9- 12 -02) Sec. 6.36. Solicitors. Subd. 1. Purpose. This section is not intended to in any way hinder, delay or interfere with legitimate business or organizational activities. The council finds, however, that solicitors have used public streets and their direct contact with residents of the city for the illegitimate solicitation practices of harassment, nuisance, theft, deceit, or menacing, troublesome or unlawful activities. This section is intended to prevent and protect against the existence of illicit, unlawful or fraudulent solicitation in the city. To protect the public's health, safety and welfare, the city deems it necessary to regulate door -to -door or street solicitation through a registration process Supp. No. 10 CD6:17 �1 Agenda Memo November 5, 2007 CONSENT AGENDA: F. Massage Therapy Establishment License for Fanny Livaditis, 4120 Lexington Way ACTION TO BE CONSIDERED: Approve Massage Therapy Establishment License for Fanny Livaditis, 4120 Lexington Way FACTS: Fanny Livaditis has applied for a Massage Therapy Establishment License for 4120 Lexington Way, Suite 170, to be known as Affordable Therapeutic Massage. All requirements of the application have been met. The Police Department has conducted a background investigation and found no reason to deny the application. ATTACHMENTS: None. The application is available for review in the Administration Department. aa, Agenda Memo November 5, 2007 CONSENT AGENDA: G. AMENDMENT TO OCTOBER 2, 2007 CITY COUNCIL MEETING MINUTES ACTION TO BE CONSIDERED: Approve an amendment to page 6 of the October 2, 2007 City Council minutes adding "Fire Apparatus Funding" to the list of items directed to the Finance Committee for review. FACTS: On October 2, 2007, under the Administrative Agenda, the City Council directed a list of items to the Finance Committee for review. In composing the minutes, Deputy Clerk Mira Pepper inadvertently left out one item which was Fire Apparatus Funding. ATTACHMENTS: A copy of amended page six of the October 2, 2007 City Council minutes is attached as page c3 Eagan City Council Meeting Minutes October 2, 2007 Page 6 COMMENTS REGARDING ENVIRONMENTAL ASSESSMENT FOR POTENTIAL CONSOLIDATION OF USPS FACILITIES AT EAGAN BULK MAIL CENTER SITE City Administrator Hedges and Community Development Director Hohenstein provided background information on the potential consolidation of LISPS facilities at the Eagan bulk mail center site. It was noted that the City of Eagan has consistently communicated that it would only be willing to serve as a host to the expanded facility if the issues that the City has identified as essential for the development of the property are included in the project and that the costs of mitigating impacts the parties identified would need to be paid for by the project. It was further noted that LISPS has chosen not to meet the City's needs. Councilmember Fields moved, Councilmember Tilley seconded a motion to take a position to actively oppose the consolidation of the USPS facilities at the Eagan location until a binding written commitment is received by the City from the USPS or another responsible agency that the connection of Denmark Avenue will be completed and funded as a part of the relocation project. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize the submission of comments regarding the Environmental Assessment for the USPS Twin Cities Consolidation Project. Aye: 4 Nay: 0 Councilmember Fields moved, Councilmember Tilley seconded a motion to authorize staff to explore the potential for the City to call for a public hearing on the environmental review and /or an Environmental Impact Statement to address outstanding issues. Aye: 4 Nay: 0 BOARD OF ADJUSTMENTS AND APPEALS CENTRAL IRRIGATION City Administrator Hedges discussed the request b y Central Irrigation Co., Inc for a hearing before the Board of Adjustments and Appeals to consider removal of conditions 2, 8, 1 1 and 12 of a Conditional Use Permit that was approved on May 1, 2007. Councilmember Bakken moved, Mayor Maguire seconded a motion to adopt a resolution denying the request for a hearing before the Board of Adjustments and Appeals as being untimely and moot. Aye: 4 Nay: 0 The regular City Council meeting was recessed at 9:30 p.m. and a meeting of the Economic Development Authority was immediately convened. The regular City Council meeting was reconvened at 9:35 p,m. LEGISLATIVE INTERGOVERNMENTAL AFFAIRS UPDATE There were no legislative intergovernmental updates. ADMINISTRATIVE AGENDA The City Council directed the following items to the City's Finance Committee for review, study and recommendation: 2007 Payable Market Value Homestead Credit Status of Fund Balances Community Investment Fund (CIF) a, Civic Arena Irnprovements b. Fire Apparatus Ladder Truck c, DCC Capital Funding Fire Apparatus Funding DRAF Agenda Information Memo November 5, 2007, Eagan City Council H. APPROVE COMMUNITY INVESTMENT FUND AS FUNDING SOURCE FOR LADDER TRUCK REPLACEMENT AND BALANCE OF DCC CAPITAL OBLIGATION ACTION TO BE CONSIDERED: To approve the Community Investment Fund (CIF) as the funding source for the ladder truck replacement and the balance of the DCC capital obligation. FACTS: At the October 2, 2007 City Council Meeting official action was taken to direct funding options for both the ladder truck replacement and the balance of the DCC capital obligation to the Finance Committee for further review and analysis. Information for the ladder truck replacement was presented as follows: o The replacement ladder truck has been received by the City and placed into service. o The contract price for the ladder truck was $589,100; with that cost being financed as follows: Contract Price 589,100.00 Financed by: Non-cash: Trade in value of old unit 130,000.00 Chassis prepayment discount 5,900.00 Aerial prepayment discount 3,100.00 Interest on $130,000 payment 2,778.08 Cash payments 447,411.92 Total 589,190.00 o The City also has an additional obligation of $38,006.80 for equipment related to the ladder truck. $33,896.80 has been paid and $4,110 will be invoiced for equipment bringing the out of pocket cost to $485,418.72 ($447,411.92 $38,006.80). Information for the DCC capital funding was presented as follows: o In the spring of 2007, the DCC issued $7,435,000 of Public Safety Revenue Bonds to finance the acquisition of capital equipment for its operations. o The bonds are payable over a seven year period, 2008 through 2014. o Eagan's principal share is $1,315,000 based upon the agreed upon allocation for DCC funding. Eagan's total future cost is $1,542,706.25 including principal and interest. o The City will have an available balance of enhanced 9-1-1 funds of approximately $200,000 for eligible expenditures including certain of the capital items that the DCC has included in the bonding. o Staff suggested that the 2007 MVHC levy of $950,100 and the 9-1-1 funds of $200,000 be placed in a designated account in the Equipment Revolving Fund and used to meet the City's DCC debt service requirements for its capital obligation. A formal defeasance of the debt would significantly increase the City's costs and is not being recommended. o Use of those two funding sources leaves a principal funding obligation or $164,900 as follows: Eagan Capital Bonding Obligation 1,315,000.00 Minus Funding Sources: 2007 MVHC Levy (950,100.00) Enhanced 9-1-1 Balance (200,000.00) Balance 164,900,00 o Staff recommended the CIF be used to provide for the balance to designate 100% of the principal amount to be placed in the reserved account in the Equipment Revolving Fund and used along with accrued interest to meet the City's DCC debt service obligation. The Finance Committee is recommending to the City Council that the City's CIF be used to fund both of these obligations. a(p The Finance Committee further directed that staff present status update of the CIF for informational purposes, which is as follows: ATTACHMENTS: (None) Community Investment Fund Status Cash Balance as of September 30, 2007 2,548,277 Commitments: 8/14ClOO7CCMeeting: Open Space Preservation (88. 11/05/2007 CC Meeting: Ladder Truck (486.0 DCC Capital (165. 11/20/07 CC Meeting (Scheduled): 2008 Fire Apparatus (675, Estimated Undesigrtated Cash 1.162,277 The potential loan to the Civic Arena to provide financing for improvementS to the West Arena sound system is not included in these commitments at this time The loan arnount is estimated to be slightly less than $1UU.00O; however, the actual amount is yet tobe determined, Agenda Memo November 5, 2007 City Council Meeting I. Authorize the Preparation of Specifications and Advertisement for Bids for a Sound System in the Eagan Arena West Rink. ACTION TO BE CONSIDERED: Authorize the preparation of specifications and advertisement for bids for a sound system in the Eagan Arena West Rink. FACTS: The issue of an enhanced sound system in the Eagan Arena West Rink has surfaced several times over the past five years. After much discussion this issue was reviewed by the Finance Committee on October 16 to assess how this project might be prioritized and funded. A loan from the Community Investment Fund was identified as a funding option with the caveat that it would be paid back by the Civic Arena during the life of the sound system. Current retained earnings would be left in the Civic Arena Fund for other future improvements. If the operating revenue in a specific year is not sufficient to pay back the Community Investment Fund, the payment will then come from the Civic Arena's retained earnings. It was determined that the first step would be to prepare specifications and then solicit competitive bids for an enhanced sound system with minimal ancillary acoustical treatments in the west rink to meet identified sound objectives. Once the bids are received and reviewed, staff will complete an analysis to determine if the Civic Arena has the capacity to pay the loan back from future operating revenue during the life of the sound system. This analysis will be reported back to the Finance Committee and City Council for direction on whether or not to proceed with this project. ATTACHMENTS: None Agenda Memo November 5, 2007 City Council Meeting J. Authorize the Preparation of Specifications and Advertisement for Bids for Replacement Tread Mills for the Eagan Community Center ACTION TO BE CONSIDERED: Authorize the preparation of specifications and advertisement for bids for replacement tread mills for the Eagan Community Center. FACTS: Staff proposed the replacement of some tread mills, cross trainers and bikes in the 2008 budget for the ECC fitness center. ATTACHMENTS: None The estimated cost for the replacement tread mills is very close to the threshold requiring formal competitive bids therefore specifications will need to be prepared so that bids can be solicited. Although the City Council has not yet taken official action on the 2008 budget it would be helpful to have more accurate costs to better determine if the equipment should be purchased from renewal and replacement funds or if a lease option would be more advantageous. It is expected that the lead time for the tread mills will be 6 -8 weeks and since we are entering the peak fitness season it would be beneficial to have all of the costs and options identified as soon as possible prior to the budget being adopted. That would allow for the equipment to be ordered and installed as soon as possible in 2008 to capture as much of the peak season as possible. Once the bids have been received the Council will be provided an analysis to compare the options of lease versus purchase and can give direction on which option would be incorporated into the 2008 budget. The budget currently provides for the purchase of this replacement fitness equipment through renewal and replacement funds. 0)9 Agenda Information Memo November 5, 2007, Eagan City Council ACTION TO BE CONSIDERED: K. EXTENSION OF FINAL SUBDIVISION APPROVAL (MARIAN ADDITION) To approve a 60 -day extension of the Final Subdivision approval for Marian Addition, to create two single- family lots upon 1.8 acres of land located at 4365 Capricorn Place in the NE 1 /4 of Section 27. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present FACTS: The City Council approved the Final Subdivision on January 16, 2007. The City Council approved a 60 -day extension of the Final Subdivision on March 20, 2007, a 90 -day extension on May 15, 2007 and a second 90 -day extension on August 21, 2007. r' The applicant is requesting another 60 -day extension of the Final Subdivision approval due to delays from the mortgage company. The present requested extension would allow until January 4, 2008 for recording. A letter from the applicant's engineer is attached. ATTACHMENT (1): Letter from Hedlund Engineering, page SD October 30, 2007 Julie Gtrid. Planning Coordinator City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Re: Marian Addition Dear Julie, We would like to request a 60 day extension for final plat approval for the Marian Addition. Encbsed is a check for that extensiofl. If you should have any questions, feel free to give me a caU. 8iOcerely. 100, Teresa Keller direct: (651) 203-6627 teneSg@hed|Und8ng.COr HEDLUND Planning Engineering Surveying 2005 Pin Oak Drive Eagan, Minnesota 55122 Telephone (651) 405-6600 Fax (651) 405-6606 Agenda Liformation Memo November 5, 2007, Eagan City Council L. EXTENSION OF FINAL SUBDIVISION APPROVAL (WHISPERING WOODS FOURTEENTH ADDITION) ACTION TO BE CONSIDERED: To approve a 90 -day extension of the Final Subdivision (Whispering Woods 14th Addition) to create eleven single- family lots upon 4.8 acres of land located in the SW 1/4 of Section 31. REQUIRED VOTE FOR APPROVAL: Majority of Councilmenibers present FACTS: The City Council approved the Final Subdivision on August 9, 2007. The applicant is requesting a 90 -day extension of the Final Subdivision approval due to market delays. The requested extension would allow until February 3, 2008 for recording. A letter from the applicant is attached. ATTACHMENT (1): Letter from Terry Hilla, page33 80, City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 To Whom It May Concern: Due to the unfortunate downturn in the housing market we are requesting an extension of 90 days to record the final plat of Whispering Woods 14 Addition. Thank you for your attention in this matter. If you have any questions please feel free to call me. Sincerely, Terry Hilla H. Inc. President H. Inc. 2004 W. Burnsville Parkway Burnsville, MN 55337 33 October 30, 2007 Agenda Information Memo November 5, 2007 Eagan City Council Meeting M. WETLAND DELINEATION MARSH COVE ACTION TO BE CONSIDERED: Receive and Affirm the Wetland Delineation Report for the Marsh Cove development located in the southwest corner of Section 36. FACTS: A wetland delineation report was submitted as part of the developer's application for the Marsh Cove development proposed west of Dodd Road and south of Red Pine Lane. Minnesota Wetland Conservation Act (WCA) rules provide that the Local Government Unit (LGU) is responsible for wetland related decisions. The rules allow decision authority to be placed with staff according to procedures established by the LGU. On November 8, 2001, the City Council delegated the decision authority for exemption, wetland type, wetland boundary, and no -loss determinations to the Water Resources Coordinator while retaining approval authority for replacement and wetland banking plans. Recent special interests and challenges to wetland related decisions have resulted in administrative procedures whereby all authorized staff decisions are formally reviewed and affirmed by the City Council. A wetland delineation report was submitted by Pioneer Engineering for this site in October 2007. The Water Resources Coordinator has confirmed the delineation of wetland boundary fringe adjacent to Marsh Lake at the west end of the development. The report has been reviewed, approved by staff and found to be in order for favorable Council action. 3`� Agenda Information Memo November 5, 2007 City Council N. FINAL PLAT (DART TRANSIT COMPANY ADDITION) GARY SANTOORGIAN ACTION TO BE CONSIDERED: To approve a Final Plat (DART TRANSIT COMPANY ADDITION) to create one lot on approximately 8.5 acres located at 800 Lone Oak Road in the NE 1/4 of Section 11. REQUIRED VOTES FOR APPROVAL: Majority of Couneilmembers present FACTS: The site contains an office building for Dart Transit Company. The Final Plat combines two properties to provide additional employee parking at the office building. Dakota County and MnDot have reviewed the Final Plat. ATTACHMENTS (2): Final Plat, page3te Aerial photo, page 35- IP r 1 u Agenda Information Memo November 5, 2007 Eagan City Council Meeting O. CONTRACT 07 -06, LEBANON HILLS REGIONAL PARK/LONG ACRES STORM SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Order No. 1 for Contract 07 -06 (Lebanon Hills Regional Park/Long Acres Store Sewer Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: Contract 07 -06 provides for the managed conveyance of stone water flows from southeast Eagan into and through, as well as for, Dakota County's Lebanon Hills Regional Park (LHRP). The improvements include the required diversion and pre- treatment pond for Jensen Lake as discussed during the Steeplechase development. The change order provides for the following: o Utility services relocations and outlet structure associated with Alternate Bid #1, in preparation for the installation of the bean on the northwest corner of McDonough Lake. This work will allow more timely construction of the bens upon receipt of the Department of Natural Resources permit. This portion of the change order provides for an additional cost of $16,618.75 that was anticipated to be included as part of the contract under the Alternate Bid #1 work. o Storm sewer installation from Alternate Bid #2 within Lebanon Hills Regional Park. This segment of storm sewer will enable the continued drainage of McDonough Lake to Wetland 121 while preparing for the been construction. Much of the storm sewer is also deep and requires the use of special equipment that is currently on site. Delay of this work in conjunction with the remainder of Alternate Bid #2 work would likely increase the cost. This portion of the change order provides for an additional cost of $44,644.80 that was anticipated to be included as part of the contract under Alternate Bid #2. o Additional traffic control along Cliff Road in compliance with County permit requirements. The requested amenities are enhancements to the planned traffic control. This portion of the change order provides for an additional cost of $2,750. The cost of the additional work is consistent with the actual bid prices received for the alternate bids for Contract 07 -06 and relevant bid items on other projects within the city or metro area. The change order has been reviewed by the Engineering Division and found to be in order for favorable Council action. The change order provides for an additional cost of $64,013.55 (8.6% of original contract). The cost of the additional work under the change order will be the responsibility of the City of Eagan (Storm Sewer Trunk, Fund 9377) and Dakota County in accordance with the revised Joint Powers Agreement approved by the City Council for Lebanon Hills Regional Park Stone Water Management and Project 905R on October 2, 2007. Agenda Information Memo November 5, 2007 Eagan City Council Meeting P. CONTRACT 06 -01, TH 149 RECONSTRUCTION UPGRADE (TH 55 ALBANO TRAIL) ACTION TO BE CONSIDERED: Approve Supplemental Agreement Numbers 7 -10 and Work Order Numbers 32 -36 for Contract 06 -01, Trunk Highway 149 Reconstruction. FACTS: The City of Eagan is the lead agency in partnership with the Minnesota Department of Transportation for Contract 06 -01 which provides for the upgrade of a 2.7 mile segment of TH 149, beginning north of TH 55 and terminating in Inver Grove Heights at Albano Trail (south of Rich Valley Blvd /Co. Rd. 71). The upgrading of TH 149 to a 4 -lane divided roadway includes a new traffic signal at the intersection of Wescott Road, and dedicated safety turn lanes at various street intersections. A trail is also included along the east side between TH 55 and Wescott Road. Supplemental Agreement No. 7 provides for additional costs for the acceleration of the contractor's construction efforts as well as the removal of all contractor delay claims for all work on the contract completed through October 23, 2007. The work associated with this Supplemental Agreement will enable the substantial completion of the contract by the specified completion date regardless of the aforementioned delays and impediments experienced throughout the construction. This Supplemental Agreement establishes a negotiated price to facilitate the substantial completion of the contract within the 2007 construction season (ADD $114,328.91). Supplemental Agreement No. 8 provides for additional temporary pavement required for the shifting of traffic north of Yankee Doodle Road during the construction of TH 149. The work required by this Supplemental Agreement has been substantially completed and a final value, based on actual quantities of work accomplished, is now available. This Supplemental Agreement establishes the final estimated value of this work (ADD $23,089.49). Supplemental Agreement No. 9 provides for the extension of an additional 20' of water main casing within the CP Railroad right -of -way north of Azalea Way in Inver Grove Heights. The additional casing for the trunk water main feeding a portion of Inver Grove Heights east of TH 149 will allow for any future maintenance efforts without the need to provide additional flagging operations within the railroad right of -way. The costs associated with this extension will be financed by the Water Trunk Fund (ADD $5,500.00). Supplemental Agreement No. 10 provides for the construction of a compound radius curb return at the northwest corner of Yankee Doodle Road and TH 149 to accommodate clearance requirements from Koch Pipeline (jet fuel line). There is no net change in the quantity of concrete curb and gutter installed, so accordingly there is no cost difference for this Supplemental Agreement. Work Order No. 32 provides for a culvert under a residential driveway north of Oppennan Drive to address overland drainage. The increased costs associated with this revision will be financed by the Major Street Fund. (ADD $2,100.00) Agenda Information Memo November 5, 2007 Eagan City Council Meeting P. CONTRACT 06 -01, TH 149 RECONSTRUCTION UPGRADE (TH 55 ALBANO TRAIL) (Continued) Work Order No. 33 provides for the patching of the bituminous parking lot at Conway Transport in the area adjacent to the new retaining wall. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $1,157.00) Work Order No. 34 provides for a leveling course of bituminous pavement to address rideability concerns by Dakota County for Yankee Doodle Road at the intersection with TH 149. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $16,000.00) Work Order No. 35 provides for the installation of a fence at the retaining wall south of Rolling Hills Drives due to the wall height (3.5' within the public right -of -way. The increased costs associated with this addition will be financed by the Major Street Fund. (ADD $1,717.00) Work Order No. 36 provides for the removal of turf and excavation of topsoil for the construction of a driveway at 9028 Jefferson Trail. The increased costs associated with this addition will be financed by the City of Inver Grove Heights. (ADD $1,586.85) The costs associated with all Supplemental Agreements and Work Orders have been reviewed by MnDOT and determined to be consistent with bid prices received for relevant bid items on other projects within the metropolitan area. The Supplemental Agreements and Work Orders have also been reviewed by the Engineering Division and found to be in order for favorable Council action. Agenda hnformation Memo November 5, 2007 Eagan City Council Meeting ACTION TO BE CONSIDERED: To direct staff to initiate an Ordinance Amendment to Chapter 11, specifically as it relates to unifying and clarifying spacing requirements between certain land uses. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: Over time, periodic City Code updates have resulted in minimum spacing requirements between certain land uses that are inconsistent with one another. Additionally, the point of measurement lacks clarity is not explicit in all cases. Uses that require spacing include, currency exchange operations, liquor sales and motor fuel sales. Q. ORDINANCE AMENDMENT CITY OF EAGAN Staff is proposing an amendment that will make these standards more uniform and better define point of measurement (i.e. building to building, lot line to lot line, etc.). As an amendment to Chapter 11, a Public Hearing before the APC will be necessary before this item returns to the City Council. ATTACHMENTS: None yl Agenda Information Memo November 5, 2007 Eagan City Council Meeting R. ORDINANCE AMENDMENT CITY OF EAGAN ACTION TO BE CONSIDERED: To direct staff to initiate an Ordinance Amendment to Chapter 6, specifically as it relates to outdoor fireworks sales. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: 2007 was the fourth year the City has issued permits for outdoor fireworks sales, and over the years staff has learned some of the pitfalls involved with outdoor fireworks sales. Only one company applied for permits in 2007 for locations in the City. Those locations were in the parking lots of The Promenade, Cub Foods, Sam's Club, and Wal -Mart. Each site was staffed by separate church youth group organizations raising money for mission trips and youth camps. Certain issues have become apparent and staff is proposing to amend the fireworks sale ordinance to address those circumstances. ATTACHMENTS: (1) Staff memo on pages 43 through City of Evan Meno Jon Hohenstein, Director of Community Development Mike Ridley, City Planner From: Mary Granley, Code Enforcement Date: August 9, 2007 Subject: Outdoor Fireworks Sales Permits To: The History The City Code regarding fireworks regulations was adopted in May 2004. It was revised in 2005 adding Subdivision 5 which allows for suspension or revocation of the fireworks permit for any violation of the City Code or State Statutes. This year is the fourth year the City has issued permits for outdoor fireworks sales, and over the years staff has learned some of the pitfalls involved with outdoor fireworks sales. TNT Fireworks, represented by Randal Lee Herrman, is the only company that applied for permits in 2007 for four locations in the City. Those locations were in the parking lots of The Promenade, Cub Foods, Sam's Club, and Wal -Mart. Each site was staffed by separate church youth group organizations raising money for mission trips and youth camps. Each site's sales period was limited to 10 continuous days prior to and including the July 4th holiday. City Code allows for up to 3 events, totaling no more than 20 days per calendar year, and each event can last no more than 10 days. Outdoor fireworks sales cannot occur within 1,500 feet of any other outdoor firework sales. The Process In order for a fireworks permit to be considered, the City requires written permission from the property owner, a list of sales product, a certificate of insurance, a police department background check on the applicant, a sign permit for temporary signs, a site plan, and a building permit for the tent structure. The permit fee is $436.00, and that fee covers the fireworks permit, tent permit, sign permit and state surcharge. After approval of the application, the tent is set up and the site prepared for sales. Before the site can open, it is subject to a final inspection to determine compliance with the fireworks ordinance. The inspection includes assessing that the site is orderly, provides adequate parking, allows for clear traffic patterns, and is compliant with the sign code requirements. The product display must not exceed height limitations for safety, and packaging of fuses must be secure. The aisles must maintain a minimum width to allow for movement within the tent and access to the exits and a minimum of two exits must be provided. Two fire extinguishers are required, and warning signs indicating "no smoking" and "no discharge of fireworks within 100 feet of the sales tent" must be posted in conspicuous areas. A metal container that meets fire protection standards for fireworks storage must be set up outside the sales tent to provide for storage of all fireworks during non-sales hours. Sales hours of operation are limited to between 8 a.m. to 10 p.m. only. The Issues This year, violations were noted for which City Code provides an avenue to address, such as fireworks staff waving signs along public streets (off-premise signage violation under Sec. 11.70 Subd. 28) and outdoor storage of a pop up camper at the sales site (Chapter 11 land use violation). Staff reviewed other issues that occurred, and we would appreciate your consideration that an ordinance amendment may be necessary to assure the health and safety of the general public to address those matters. Staff's proposed amendments are as follows: Sleeping within the sales tent, in recreational vehicles, or in passenger vehicles stored or parked overnight at the sales site. Should code prohibit the site being occupied during the hours the sales tent is closed for business (no overnight habitation)? Outdoor storage of Port-a-potties at the sales site to accommodate sales staff and customers. Should code allow temporary storage of comfort station facilities, and if so, how many and where can they be located? The only background check and contact information we receive is for the person obtaining the permit (the owner of TNT), and he is not the person who is in control of the site, sales product, or sales staff. Should code require that background checks be done and contact information be provided for the site manager? Some site staff are young, and may not be meeting the requirements of State Statute 181A.04 pertaining to minimum age and maximum hours (Subd. 3, no minor under the age of 16 shall be permitted to work any day before 7:00 a.m. or after 9:00 p.m.; Subd. 4, no employer shall be permitted to work a minor under the age of 16 more than 40 hours a week or more than eight hours in any 24-hour period). Should code require that each site be staffed by age 16 or over? No sales may be made to any person under the age of 18; should the code prohibit any person under the age of 18 from selling fireworks? Or, should code be amended to limit sales hours to 9 p.m.? Cc: Dale Wegleitner, Fire Marshal Agenda Information Memo November 5, 2007 Eagan City Council ACTION TO BE CONSIDERED: S. FINAL SUBDIVISION (MARSH COVE) To approve a Final Subdivision (Marsh Cove) to create 11 single family lots upon 5.05 acres located west of Dodd Road and north of Red Pine Lane in the SW 1/4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: The Preliminary Subdivision was approved June 19, 2007. All documents and Agreements have been received and are in order for execution at the regular meeting of the City Council. ATTACHMENTS (1): Final Plat, page /15- 16Z.D4CON avon L. ercw 324 00 0° cam' CZ Ira 1 10t° °on 4(e z k 1 Ts Agenda Information Memo November 5, 2007 Eagan City Council T. FINAL SUBDIVISION (DODD PARKSIDE) ACTION TO BE CONSIDERED: To approve a Final Subdivision (Dodd Parkside) to create 12 single family lots upon 5.08 acres located east of Dodd Road and south of Red Pine Lane in the SW 1 /4 of Section 36. REQUIRED VOTE FOR APPROVAL: Majority of Councilmembers present. FACTS: The Preliminary Subdivision was approved April 17, 2007. All documents and Agreements are anticipated to be received and in order for execution at the regular meeting of the City Council. ATTACHMENT 1): Final Plat, page v� LLJ "k =TM 3161 1343-'. 3 91.,£S.LOS ZO'90£ 10 4/ Agenda Information Memo November 5, 2007, Eagan City Council ACTION TO BE CONSIDERED: To authorize the City Attorney to enter into negotiations to secure an option for potential purchase of land for a future fire station. FACTS: U. AUTHORIZE THE CITY ATTORNEY TO ENTER INTO NEGOTIATIONS TO SECURE AN OPTION FOR POTENTIAL PURCHASE OF LAND FOR FUTURE FIRE STATION At the October 30, 2007 City Council Workshop information was presented on a potential site for a future replacement fire station number two. The land consists of 12.91 acres located near the intersection of Northwood Parkway and Lexington Avenue. The Council reviewed appraisal information and directed formal action to have the City Attorney negotiate to secure an option for a potential purchase of the land located at 3255 Northwood Circle. ATTACHMENTS: Enclosed on page 5 consideration. is a copy of the site map for the location under qc l 1 i �r,r� rtiti, Ncl.LE),Nl 1 6-D Agenda Information Memo November 5, 2007, Eagan City Council Meeting FACTS: ATTACHMENTS (1): Proposed assessment roll on page a V. PUBLIC HEARINGS A. CERTIFICATION OF DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent false alarm bills and authorize its certification to Dakota County. The City Code allows for collection through certification of delinquent false alarm bills, which are not paid. At the October 2 City Council meeting, a public hearing was scheduled for the November 5, 2007 City Council meeting. The City does not charge residents or businesses for the first three false alarms in a calendar year. A fourth or subsequent false alarm results in a $100 fee per alarm. The delinquent false alarm bills include a 10% penalty and a $25 certification fee. The City currently has two delinquent false alarm bills. The assessable amount of these bills is $1,260. These items are in order for certification to the County. The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning November 6 through December 5. If the assessment is paid after December 5, interest at 6% from November 6, 2007 to December 31, 2008 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2008 property taxes. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. 5' Delinquent False Alarm Bills Property ID 1 0- 22527 010 -01 10-22402-031-01 Total Outstanding Dollar Amount $1,125.00 $135.00 $1,260.00 Agenda Information Memo November 5, 2007, Eagan City Council Meeting B. CERTIFICATION OF DELINQUENT WEED CUTTING BILLS ACTION TO BE CONSIDERED: To close the public hearing and approve the final assessment roll for delinquent weed cutting bills and authorize its certification to Dakota County. FACTS: The City Code allows for collection through certification of delinquent weed cutting bills, which are not paid. At the October 2 City Council meeting, a public hearing was scheduled for the November 5, 2007 City Council meeting. A 10% penalty and a $25 certification fee are added to all outstanding delinquent bills. The City currently has nine delinquent weed cutting bills. The assessable amount of these bills is $1,574.32. These items are in order for certification to the County. The City will accept payment for any portion of the assessment free of interest charges for a period of thirty days, beginning November 6 through December 5. If the assessment is paid after December 5, interest at 6% from November 6, 2007 to December 31, 2008 will be added to the principal amount due. The length of the assessment is one year. Unpaid balances will be collected with the 2008 property taxes. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. ATTACHMENTS (1): Proposed assessment roll on page 5 Delinquent Weed Cutting Bills Outstanding Dollar Amount $142.58 Property ID 10- 33000- 260 -05 10- 31500- 010 -02 10- 16701- 070 -02 10- 10- 16706 170 -05 10- 84354- 260 -01 10- 16706 010 -08 10- 63980- 090 -01 10- 55300 140 -05 10- 72975- 080 -02 Total $221.66 $116.22 $301.88 $168.94 $89.86 $221.66 $142.58 $168.94 $1,574.32 5 Agenda Information Memo November 5, 2007 Eagan City Council Meeting ACTION TO BE CONSIDERED: FACTS: ATTACHMENTS: PUBLIC HEARINGS C. CERTIFICATION OF DELINQUENT UTILITIES To close the public hearing and approve the final assessment roll for delinquent utility bills and authorize its certification to Dakota County for collection with property taxes. The City Code allows for collection through certification of delinquent utility bills which are not paid. At the October 2, 2007 City Council meeting, a public hearing was scheduled for the November 5, 2007 City Council meeting. The City currently has approximately 616 utility bill accounts with delinquent payments. The assessable amount of these accounts is $105,202.96. These items are in order for certification to the County. If certified another 18% interest is added. All notices have been published in the legal newspaper and sent to all affected property owners informing them of this hearing and their proposed assessments. 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O 0 in C` 0) Ol d> H Ol O H O Ln co CO cN co LO N r- d O Ol N LD lD C^ i` r`l N 0 OD LP H �M N 0 CO 0 H H N H H H H H N 0 0 Ol Ol O 0 N N Ul N N N 0 0 N r N LO M H a W CO d+ Ln d' N N N O Ln N O\ 0 H m H O\ NW N 00 m H H O 01 H d' U) N dC N d' N O 1.0 N O O N Ln LC/ H a\ r h N H N O H d' W t` LD W OD Mkt) O 0) m L0 H CO CO N d 01 lD H H O lD Ln m .4 0 0) 0 O 0) H Cb N ■0 CO in h 11) t LO N N H N H N H H N N H 0) N H N H H H H Cr) H LO CO dt Ul dC N N N O L0 N Ol 0 H 0) H O) N lD N 0 0 ■D N H In lO H H O Ol H d+ LIl N dt N d' N O lD N O O N Ln U) N N N lD N m LO 01 H N H H m O H in d+ co H LD m m t` O) d' H lD 01 CO CO N Ln N t` m Ln L0 01 in 00 10 H CO l0 0) dt Ln m Ln N d' m N 0) H N H H H N H H Cn H H H H H H H m m m o 0 CO 0 0 Ln H m m m CO r lO C' d' d' N N N O r LO m ('1 H In CO rl m l0 H CO cr N 0 H lO N N CO 1O l0 H r m ID d' 0 d' CO r r l0 <f' 10 N CO N 1 L(1 r-1 10 0 LO r O L(1 N LIl r M ('1 N r OO CO N CO r H N m CO m 10 cP m H r In w d' CO H CO C lO r CO M H M m r- r l0 aD r 10 rl IO m rl r H N rl N N H H H H N N ('1 -1 ("1 H N H N H N H CO ('1 l0 sZN d' d' N N N O r ID m (fl H r C' 10 CO H CO VD H CO cf' N 0 ri LO N r CO LO H t m lO C O d' CO d' r d' L(1 N co r rl in H O LO 0 N Lfl O r O N CO m r N 10 10 r Cl N lO r d' r0 V' O al d' lO ri N ON N 10 m Lfl ri d' d' d' 10 H m r 1 LO In ('1 to LO ('1 m (I l0 H d' r-I N H N ,-I H rl H H N H (0 a' ri ('1 ri N N H N H 0' O m m (0 M w 0 H CO O M l0 l0 N 1n d' l0 'U' 0 r M M C' O1 O CO [0 CO 1-1 O d' l0 CO M 10 N r N d' l0 N H r M l0 M O M ct' AO l0 10 M O l0 AO ‘7 r lD O N N l0 CO H r l0 0) 10 N d+ I r O d' 11) CO 'cH r M 0 111 H 01 N ri 0 O\ CO CO l0 C 0 O H M O in d' O LO r l0 N d' O CO Ol Ol 10 H '.0 M H M N I N N N N N H H H N N H N rl H H N N 4 FC 4 FC FC 4 4 4 4 g g F C g 4 g 4 g KC FC 4 4 4 FC 4 m o M AD AD N ul a' In .7' o r (1 M r rn o [o o m H 0 AD CO v' M 111 N r r ct' AO N r-1 r M l0 M O M V' AD AD 111 M 0 10 l0 d' r 1n c1+ H 111 N r H M l0 N H M O r Ol lD N 10 Ol O M ON N CO d' 0 AD d' r 01 r r ll'1 l0 V+ H CO AD 01 H r N r'1 l0 r N 10 d' Ol N r AO r AD co CO d' N H M N N H N H N H r-1 N N H H H H H N H H a y+ H H in to N CO CO f*1 N lD O 61 H 111 Lfl 0 m CA d CO 0 M H in M rn l0 Ol r in O d' N N H CO N lD H N t- CO N H O 61 O c0 O 10 CO 0 M CO N l0 CO D1 tD lD 01 <D of 01 N M N O\ Lfl m Lfl U) I.fl O l0 in H m O O co V al 0 r'1 Ol 0 0 H 10 f1 d' •l CO r0 H d m N 1.0 N Lfl f"1 N H N H d' H O dN H H H N N N H N H N H H r� FC �C g FC FC FC g FC �C FC g rC A 0 00 0 0 a 0 0 0 U 0 U 0 MI 0 MI v H H Lfl LD N 01 CO f N lD 0 01 f") 10 Ol 01 Lf) O cV 11) N H CO N LD LIl CO r0 r H Cl <M H H C H O CO O O Lf1 N N CO H C 0 0 0 N N H H C H Ol d' H H N H Lfl 111 0 01 CO d CO 0 C'1 H In fl N t� CD N H c0 Ol O M O 10 CO CO N C O CO O O L1l 0 H O l0 H H lD H N N H N 0 0 0 N H H H N H H o 0 O N r N 0 0 O 0 Lfl LI1 H N CO 0 0 H H M cy d M t� O in L l t1l CO 0 N 0 rt cO cr d' N 0 CO to o Ul Cr) Ol N N Lfl O O co in N U1 d O N O .0 M Ol Ul H lD O dt O t` W N O to lO H Ul lO 0 W 0 O H CO N Lfl lO Ol O■ W H M Ul Lfl Ol H N O W M H 0 Lfl 0 Ol CO W CO N CO Ln N M h t- Ill M 0 Ol N t` M M ct, m N N M M M d' H r H N cn ca m cA 00 fn al al al al al w w w al w al ca as al al al PI W w al w U U U U U U U U U U U U U U U 0 U U U U U U U U U U U M al 0 M N 0 Ill Lfl Lfl CO 0 N CO rl CO 0 0 N 0 CO to N U1 dt Ol Ol N N Ul O O I� CO In N Ul dt O N Ol d M Ol in ri W O di 0 I-- W 0 N O OH tO OH to r1 N m w M r M N ri d' d' H w O ON d WC M H H Ol t` M O W l0 M \O Cn tD N ri in Ul M H H D di tl N H H H M N M d' f ri N H rl H Q H m U) rl U1 r) N r 0 0) 0 U1 0 L/1 m 0 O L11 d' Ol H N H O O d' 111 Ill CO Ul CO N H r) H U1 N CO Ln l0 l0 CD W Ul N r r O N N V rl N 0 cr U) d <t1 1 �O H N H H W W 0) W al al al m W m m W 0) 0) 0) A U U U U U U U U U U U U U U U CO 111 r) 111 M t- H O\ O in 0 111 Q\ O O U1 V' Ol H N H Ui O LP 111 CO in CO ■O CO VD 0 N r) N H H H rl 01 0 r) V' cr N Ol 10 N H N co N r1 N <M N r- H H H Agenda Information Memo November 5, 2007 Eagan City Council Meeting D. PROJECT 942, DEERWOOD DRIVE (BLACKHAWK TO PILOT KNOB) STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 942 (Deerwood Drive Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: Project 942 provided for the bituminous overlay of Deerwood Drive between Blackhawk Road and Pilot Knob Road, and road narrowing of Deerwood Drive at the Riverton Avenue and Rocky Lane/ Deerwood Elementary driveway. A radar display speed sign was also installed on westbound Deerwood Drive between Murphy Parkway and Riverton Avenue. The Final Assessment Roll was presented to the City Council on October 2, 2007, with a public hearing scheduled for November 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessment cost is approximately 15% less than the .estimated benefit amounts that were presented at the original Public Hearing November 21, 2006. All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on October 30 to address all property owners' questions or concerns and provide any additional information of interest. Of the 94 parcels (Single- Family, Low- Density Townhomes, and Public Facility) being assessed, no one attended the meeting. ATTACHMENTS: �j Final Assessment Report, pages through? 7 9 PROJECT PUBLIC HEARING DATES Number: Project 942 Assessment: November 5, 2007 Name: Deerwood Dr. (Blackhawk Rd. to Pilot Knob Rd) Project Approval Date: Mill Overlay/ Road Narrowing November 21, 2006 SANITARY SEWER O Trunk O Lateral O Service O Lat, Benefit/trunk O Trunk O Lateral O Service O Lat, Benefit/trunk O WAC OTHER WATER O Service Pair Contract Number of Number Parcels 07-01 94 FINAL ASSESSMENT HEARING Final Feasibility Rate Report Units Terms 5 Years 'OD 0 Trunk STORM SEWER El Gravel Base Ei Surfacing/ Signs Single-Family $575.36 $679 Lot Low Dens Townhomes $131.84 $156 Lot Public Facility $11.25 $13.27 /F.F. O Multi Family Equiv. O C/1 Equiv. O Driveway STREET STREET LIGHTS O Installation O Energy Charge Final Feasibility Rate Report Units Interest Amount City Rate Assessed Financed 6.0% $63,260 F.R. $289,370 F.R. $47.944.94 $355,906.19 (FR. Feasibility Report) City of Eaau MeMo To: Mayor and City Council From: John (corder, Assistant City Engineer Date: October 5, 2007 Subject: Final Assessment Roll, Project 942 Deerwood Drive Blackhawk Rd. to Pilot Knob Rd.) Street Overlay Improvements At the public hearing on November 21, 2006, the City Council ordered Project 942, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay, replacement of traffic and street signage, and the installation of two road narrowing areas for Deerwood Drive between Blackhawk Road and Pilot Knob Road, and replacement of curb and gutter as needed. Additionally, the bituminous trail along the north side of Deerwood Drive was overlayed, and cracked or settled portions of the concrete sidewalk along the south side of Deerwood Drive were replaced, for maintenance purposes. These maintenance efforts were not identified in the project feasibility report, but included in the contract. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 07 -01. The following information was used in the preparation of the assessment roll for Project 942. I. PROJECT COST The construction cost includes the amount of $310,207.16 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $9,244.17. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $93,643.97 were incurred resulting in an improvement and project cost of $403,851.13. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $159,944.17 $48,226.65 $208,170.82 $245,620 C G Rep./ Road Narrow $150,262.99 45,417.32 195,680.31 $100,310 Totals 5310,207.16 $93,643.97 $403,851.13 $345,930 1 H. 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 IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $2,700.00 $2,700.00 Mill bituminous surface Sq. Yd. 8,821 0.98 8,644.58 Bituminous mat. for tack coat Gal. 1,960 2.00 3,920.00 Wear Course Mixture Ton 2,815.21 40.80 114,860.57 Traffic control L. S. 1 1,615.00 1,615.00 Adjust water valve box riser Each 10 83.00 830.00 Adjust manhole casting complete Each 9 410.00 3,690.00 R R. MH Casting Each 10 $650.00 $6,500 4" Solid white line pvmt. marking L.F. 10,814 0.20 2,162.80 24" Solid white line pvmt. marking L.F. 23 7.35 169.05 4" Double solid yellow line L.F. 6,725 0.42 2,824.50 24" Solid yellow line L.F. 92 8.40 772.80 121.00 242.00 2 121. Pavement message Rt Each 242.00 Pavement message Lt Each 2 121.00 Pavement message Lt/ Thru Each 1 121.00 121.00 Zebra Crosswalk S.F. 408 3.15 1,285.20 Traffic signs L.S. 1 9,244.17 9,244.17 $159,944.1 SUBTOTAL Other costs @30.2% 48,226.65 $208,170.82 Mill Overlay/ Street Sign Cost C. IMPROVEMENT AND ASSESSMENT RATES All assessable properties within the project area are low density residential and public facility. The improvement and assessment rates for low- density residential property are computed as follows: a. Low Density Residential (Single- Family, R -1) TOTAL IMPROVEMENT ASSESSABLE ASSESSABLE STREET COST FRONTAGE UNITS RATIO IMPROVEMENT RATE $208,170.82 19.9% 24 Lots 32/48 $1,150.72 /Lot 2 IMPROVEMENT RATE $1,150.72/ Lot b. Low Density Residential (Townhome R-2, R-3) TOTAL IMPROVEMENT ASSESSABLE ASSESSABLE STREET COST FRONTAGE UNITS RATIO IMPROVEMENT RATE $208,170.82 13.3% 70 Lots 32/48 $263.68/Lot IMPROVEMENT RATE $263.68/ Lot c. Public Facility TOTAL IMPROVEMENT ASSESSABLE ASSESSABLE STREET COST FRONTAGE UNITS RATIO IMPROVEMENT RATE $208,170.82 17,4% 2,214 F.F. 44/48 $15.00/F.F. IMPROVEMENT RATE $15.00/ Lot D. ASSESSMENT TERMS The assessments are proposed for a term of 5 years. The interest rate is 6.0% per annum on the unpaid balance„ III. CITY REVENUES (RESPONS 111 ILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONS Street Resurfacing/ Signs $208,170.82 $47,944.94 ($160,225.88) C G Rep./ Road Narrow 195,680.31 ASSESSABLE PORTION X 50% $575.36/Lot AS PORTION ASSESSABLE PORTION ASSESSMENT RATE ASSESSMENT RATE X 50% $131.84/Lot ASSESSMENT RATE X 75% $11.25/ F.F. (195,680.31) Total $403,851.13 $47,944.94 ($355,906.19) The City Major Street Fund will provide financing for the City's responsibility of the listed improvements. .14bi4 Gorder, P.E. Reviewed Public Works Department Y Dated FUND Major Street Fund AMOUNT $355,906.19 c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Dated sq_ Finance Department ./7.7 0 0 co cr) N- ix) Eft -J E LL (7) 69- LL 0 23 0 0 2 ie eJ n 6Ld 0 0 -J 909 0 U.1 9091. LL1 i 0 Z091. (J) D 0091. 00 0 1- CIV02:1 90N)4 10 N s Lc) 01.91. p0I sieddllo 11* o 0 0 co t.0 e O 6 c) 0 0 a) 0 0 o 0 CL I W co 0 z LO 0 F.= O F±3 L a Z Z Lll C LL 87 0 z w 0 w —J L ID (N 4 a.) 2 LL Fr. CLS cy) u_ E 0 Q 2 a) cn 7 c E c) E (f) U) 2 c_ E c LL 0) c's 6 0 0 E a) EL a Combined Assessment �^Kv�r���8������.�x^��»w�m.�rxm....p ���vv°° Project Number 1 0P V42 Proposed Pending Assessment Assessment Variance J��` Addition Name J6`wxxNDr Street Name 10'02008'020-75 Section 20 1780 Deerwood Dr $2.970.00 $10.200.00 $7,230 00 10-02100'012-50 Section 21 1680 Deerwood Dr $7.076.25 $8.350.00 $1.27375 10'02100-020-08 Section 21 1545 Deerwood Dr $57536 $879,00 $103.64 10-16707'020'10 Cedar Grove 8th 1709 Deerwood Dr $57556 $678.00 $1O38^ 10-18707'050.10 Cedar Grove 8th 1713 Deerwood Dr $575a6 $679V0 $10304 10-10707'040-10 Cedar Grove 8th 1717 Deerwood Dr $575 38 $87900 $103.5* 10'18707'050'10 Cedar Grove Bth 1721 Deerwood Dr $575.38 $679O0 $103s* 10-16707-060-10 Cedar Grove 8th 1725 Deerwood Dr $575.36 $679.00 $103,64 10-16707-070-10 Cedar Grove 8th 1729 Deerwood Dr $575.38 $679,00 $10364 10'10707'080'10 Cedar Grove Bth 1733 Deerwood Dr $575a0 $079,00 $105a4 10'15707-090'10 Cedar Grove 8th 1737 Deetwood Dr $57556 $679.00 $103 64 10-18707-100'10 Cedar Grove 8th 1741 Deerwood Dr $57536 $87900 $103O4 10-16707'110-10 Cedar Grove 8th 1745 Deerwood Dr $57536 $OryDn $103 64 10'16707'120'10 Cedar Grove 8th 1749 Deerwood Dr $575.38 $67800 $103.64 10-19910-030-01 Deerhawk 1746 Deerwood Dr $57536 $679.00 $10364 10'19910'040'01 Deerhawk 1742 Deerwood Dr $57538 $87e00 $10364 10-1e910'050'01 Deerhawk 1738 Deerwood Dr $575.36 $OrSoO $105.6* 10'20000'010'01 Deerwood Scho 1480 Deerwood Dr $4.837.50 $5.610.00 $77250 10'20001-010-01 Deerwood Scho 1540 Deerwood Dr $10.028J5 $11.e20o0 $1.79*u5 10-20200'010'01 Deerwood Town 1585 Antler Pt $13184 $156O0 $2416 10-20200'020-01 Deerwood Town 1583 Antler Pt $13184 $15600 $24.10 10'20200'030'01 Deerwood Town 1581 Antler Pt $131 .84 $156.00 $24.16 10-20200'040-01 Deerwood Town 1579 Antler Pt $131.84 $15800 $24.16 10-20200'050'01 Deerwood Town '1577 Antler Pt $131.84 315800 $24.16 Wednesday, October 03, 2007 Page 1 of 4 Co y i'bined Assessment Roll Project Number 10P942 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10- 20200 060 -01 Deerwood Town 1575 Antler Pt $131.84 $156.00 $24.16 10-20200-070-01 Deerwood Town 1573 Antler Pt $131.84 $156.00 $24.16 10- 20200 080 -01 Deerwood Town 1571 Antler Pt $131.84 $156.00 $24.16 10- 20200 090 -01 Deerwood Town 1569 Antler Pt $131.84 $156.00 $24,16 10- 20200 100 -01 Deerwood Town 1567 Antler Pt $131.84 $156.00 $24.16 10- 20200 110 -01 Deerwood Town 1565 Antler Pt $131 84 $156.00 $24.16 10- 20200 120 -01 Deerwood Town 1563 Antler Pt $131.84 $156.00 $24.16 10- 20200 130 -01 Deerwood Town 1561 Antler Pt $131 84 $156.00 $24.16 10- 20200- 140 -01 Deerwood Town 1559 Antler Pt $131,84 $156,00 $24.16 10- 20200- 150 -01 Deerwood Town 1557 Antler Pt $131.84 $156.00 $24.16 10- 20200 160 -01 Deerwood Town 1555 Antler Pt $131.84 $156 00 $24.16 10- 20200 170 -01 Deerwood Town 1553 Antler Pt $131.84 $156 00 $24.16 10- 20200- 180 -01 Deerwood Town 1551 Antler Pt $131.84 $156.00 $24.16 10- 20200 190 -01 Deerwood Town 3986 Fawn Way $131.84 $156.00 $24 16 10- 20200- 200 -01 Deerwood Town 3988 Fawn Way $131.84 $156.00 $24.16 10- 20200 210 -01 Deerwood Town 3987 Fawn Way $131.84 $156.00 $24..16 10- 20200- 220 -01 Deerwood Town 3985 Fawn Way $131.84 $156 00 $24.16 10- 20200- 230 -01 Deerwood Town 1566 Antler Pt $131.84 $156.00 $24.16 10- 20200 240 -01 Deerwood Town 1568 Antler Pt $131,84 $156.00 $24 16 10- 20200 250 -01 Deerwood Town 1570 Antler Pt $131 84 $156.00 $24.16 10- 20200- 260 -01 Deerwood Town 1572 Antler Pt $131.84 $15600 $24.16 10- 20200- 270 -01 Deerwood Town 1582 Antler Pt $131.84 $156.00 $24.16 10- 20200- 280 -01 Deerwood Town 1584 Antler Pt $131.84 $156.00 $24.16 10- 20200 290 -01 Deerwood Town 1586 Antler Pt $131.84 $156.00 $24.16 10- 20200 300 -01 Deerwood Town 1588 Antler Pt $131 84 $156.00 $24.16 Wednesday, October 03, 2007 Page 2 of 4 Combined Assessment Roll Project Number 10P942 Proposed Pending PID Addition Nanie House Nbr Street Nanze Assessment Assessment Variance 10- 20201 010 -01 Deerwood Town 1589 Antler Pt $131.84 $156.00 $24.16 10- 20201 010 -02 Deerwood Town 3991 Fawn Way $131.84 $156.00 $24.16 10- 20201 020 -01 Deerwood Town 1587 Antler Pt $131.84 $156.00 $24.16 10- 20201 020 -02 Deerwood Town 3989 Fawn Way $131 84 $156.00 $24.16 10- 20201 030 -02 Deerwood Town 3990 Fawn Way $131.84 $156.00 $24.16 10- 20201- 040 -02 Deerwood Town 3992 Fawn Way $131.84 $156.00 $24.16 10- 23901 010 -01 Engstroms Deer 1452 Deerwood Dr $575.36 $679.00 $103.64 10- 23901- 020 -01 Engstroms Deer 1448 Deerwood Dr $575.36 $679.00 $103 64 10- 23901 030 -01 Engstroms Deer 1444 Deerwood Dr $575,36 $679.00 $103.64 10- 23901 040 -01 Engstroms Deer 1440 Deerwood Dr $575.36 $679,00 $103.64 10- 53700- 010 -01 Oak Ridge Acres 1724 Deerwood Dr $575 36 $679.00 $103.64 10- 53700 020 -01 Oak Ridge Acres 1718 Deerwood Dr $575.36 $679.00 $103.64 10- 53700- 030 -01 Oak Ridge Acres 1712 Deerwood Dr $575.36 $679.00 $103.64 10- 53700 040 -01 Oak Ridge Acres 1706 Deerwood Dr $575 36 $679 00 $103.64 10- 53700 050 -01 Oak Ridge Acres 1700 Deerwood Dr $575.36 $679.00 $103 64 10- 84900 010 -01 Woodstone Tow 1540 Stonewood La $131.84 $156.00 $24,16 10- 84900- 020 -01 Woodstone Tow 1538 Stonewood La $131 84 $156.00 $24.16 10- 84900- 030 -01 Woodstone Tow 1536 Stonewood La $131 84 $156.00 $24.16 10- 84900 040 -01 Woodstone Tow 1534 Stonewood La $131.84 $156.00 $24 16 10- 84900 050 -01 Woodstone Tow 1529 Deerwood Be $131.84 $156.00 $24.16 10- 84900 060 -01 Woodstone Tow 1527 Deerwood Be $131 84 $156.00 $24.16 10- 84900- 090 -01 Woodstone Tow 1519 Deerwood Be $131.84 $156 00 $24.16 10- 84900 100 -01 Woodstone Tow 1517 Deerwood Be $131.84 $156.00 $24.16 10-84900-110-01 Woodstone Tow 1513 Deerwood Be $131.84 $156.00 $24.16 10- 84900 120 -01 Woodstone Tow 1511 Deerwood Be $131 84 $156.00 $24.16 Wednesday, October 03, 2007 Page 3 of 4 Combined Assessment Roll Project Number 10P942 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10- 84900- 130 -01 Woodstone Tow 1522 Deerwood Be $131.84 $156.00 $24.16 10- 84900- 140 -01 Woodstone Tow 1520 Deerwood Be $131.84 $156.00 $24.16 10- 84900- 150 -01 Woodstone Tow 1518 Deerwood Be $131.84 $156,00 $24 16 10- 84900 160 -01 Woodstone Tow 1516 Deerwood Be $131.84 $156.00 $24.16 10- 84900 170 -01 Woodstone Tow 1514 Deerwood Be $131.84 $156.00 $24,16 10- 84900 180 -01 Woodstone Tow 1512 Deerwood Be $131.84 $156,00 $24 16 10- 84900- 190 -01 Woodstone Tow 1510 Deerwood Be $131.84 $156.00 $24.16 10- 84900- 200 -01 Woodstone Tow 1508 Deerwood Be $131.84 $156.00 $24.16 10- 84900 210 -01 Woodstone Tow 1506 Deerwood Be $131 84 $156.00 $24 16 10- 84900 220 -01 Woodstone Tow 1504 Deerwood Be $131,84 $156.00 $24.16 10- 84900 230 -01 Woodstone Tow 1502 Deerwood Be $131.84 $156.00 $24.16 10- 84900 240 -01 Woodstone Tow 1500 Deerwood Be $131 84 $156.00 $24.16 10- 84900- 250 -01 Woodstone Tow 1498 Woodstone Ci $131.84 $156,00 $24.16 10- 84900 260 -01 Woodstone Tow 1496 Woodstone Ci $131.84 $156.00 $24.16 10- 84900 270 -01 Woodstone Tow 1494 Woodstone Ci $131,84 $156.00 $24 16 10- 84900 280 -01 Woodstone Tow 1492 Woodstone Ci $131.84 $156.00 $24.16 10- 84900- 290 -01 Woodstone Tow 1490 Deerwood Be $131.84 $156,00 $24,16 10- 84900 300 -01 Woodstone Tow 1488 Deerwood Be $131 84 $156.00 $24.16 10- 84900 310 -01 Woodstone Tow 1533 Stonewood La $131.84 $156.00 $24.16 10- 84900- 320 -01 Woodstone Tow 1535 Stonewood La $131.84 $156.00 $24A6 10- 84900- 330 -01 Woodstone Tow 1537 Stonewood La $131.84 $156.00 $24.16 10- 84900- 340 -01 Woodstone Tow 1539 Stonewood La $131.84 $156.00 $24,16 10- 84901 -010 -01 Woodstone Tow 1525 Deerwood Be $131,84 $15600 $24.16 10- 84901 020 -01 Woodstone Tow 1523 Deerwood Be $131.84 $156.00 $24.16 Summary for 'SA_Nbr' 10P942 (98 detail records) $63,196.00 $15,251.06 Sum $47,944 94 Wednesday, October 03, 2007 Page 4 of 4 Agenda Information Memo November 5, 2007 Eagan City Council Meeting E. PROJECT 946, THOMAS CENTER DRIVE STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 946 (Thomas Center Drive Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: Project 946 provided for the bituminous overlay of Thomas Center Drive between Thomas Lake Road and Cliff Road (assessable), and the installation of a bituminous trail segment along the west side of Thomas Lake Road between Thomas Center Drive and the Highline Trail (non assessable). The Final Assessment Roll was presented to the City Council on October 2, 2007, with a public hearing scheduled for November 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessment cost is approximately 20% less than the estimated benefit amounts that were presented at the original Public Hearing December 19, 2006. All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on October 30 to address all property owners' questions or concerns and provide any additional information of interest. Of the 10 parcels (all Commercial/ Industrial) being assessed, no one attended the meeting. ATTACHMENTS: Final Assessment Report, pages throug1/ 9a PROJECT Number: Project 946 Name: Thomas Center Dr. Mill Overlay Thomas Lake Rd Trail Assessment: PUBLIC HEARING DATES November 5, 2007 Project Approval Date: December 19, 2006 SANITARY SEWER O Trunk O Lateral O Service O Lat. Benefit/trunk WATER O Trunk O Lateral O Service O Lat. Benefit/trunk O WAC OTHER O Service Pair Contract Number of Number Parcels 07-01 Final Feasibility Rate Report Units 10 FINAL ASSESSMENT HEARING Terms 5 Years O Trunk STORM SEWER STREET O Gravel Base 1 Surfacing/ Signs Comm/ Ind O Multi Family Equiv. O C/I Equiv. 11 Driveway Driveway Repl. STREET LIGHTS O Installation O Energy Charge Interest Rate 6.0% Final Feasibility Rate Report Units $2,428.63 $3,015 Acre $88.59 $95.58 S.Y. Amount Assessed Citv Financed $86,870 F.R. $91,400 F.R. $74,342.73 $104,171.55 (RR. Feasibility Report) City of EaQali be�o To: Mayor and City Council From: John (corder, Assistant City Engineer Date: October 5, 2007 Subject: Final Assessment Roll, Project 946 Thomas Center Drive Street Revitalization Improvements Thomas Lake Road Trail Improvements At the public hearing on December 19, 2007, the City Council ordered Project 946, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay, replacement of traffic and street signage, the reconstruction of commercial/ industrial entrances with concrete entrance aprons, and the replacement of curb and gutter, as needed, for Thomas Center Drive, and the construction of a bituminous trail along the west side of Thomas Lake Road from Thomas Center Drive to the Highline Trail. In the feasibility report, it was proposed to assess 100% of the street overlay/ signage, and concrete entrance improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 07 -01, The following information was used in the preparation of the assessment roll for Project 946. I. PROJECT COST The construction cost includes the amount of $146,229.1 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,680.36. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $39,485.15 were incurred resulting in an improvement and project cost of $1.78,51.4.28. The detail of these other costs is provided on Schedule L These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $40,549.56 $10,937.39 $51,486.95 $63,930 Concrete Ent. Aprons 17,999.11 4,856.67 22,855.78 $31,540 Curb Gutter Repair 30,037.40 8,094.46 30,931.86 $25,050 Thomas Lk. Road Trail $57,643.06 15.596.63 73.239.69 $57,750 Totals $146,229.1 $39,485.15 81 $178,270 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 IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $1,800,00 $1,800.00 Mill bituminous surface Sq. Yd. 2,097 1.25 2,621.25 Bituminous mat. for tack coat Gal. 350 2.00 700.00 Wear Course Mixture Ton 547.45 42.55 23,294.00 Traffic control L. S. 1 1,615.00 1,615.00 Adjust water valve box riser Each 4 83.00 332.00 Repair gate valve top Each 1 230.00 230.00 Adjust manhole casting complete Each 15 410.00 6,150.00 Adjust manhole casting riser Each 2 150.00 300.00 4" Solid white line pvmt. marking L.F. 87 0.20 17.40 8" Solid white line pvmt. marking L.F. 143 0.40 57.20 24" Solid white line pvmt. marking L.F. 27 7.35 198.45 4" Double solid yellow line L.F. 1,411 0.42 592.62 Pavement message Rt Each 1 121.00 121.00 Pavement message Lt/ Thru Each 1 241.00 241.00 Traffic signs L.S. 1 1,680.36 1,680.36 SUBTOTAL $40,549.56 Other costs @27% $10,937.39 Mill Overlay/ Street Sign Cost $51,486.95 C. CONCRETE ENTRANCE APRONS The costs of the concrete entrance apron improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Remove bituminous pavement Sq. Yd. 288 $3.30 $950.40 Common excavation Cu. Yd. 24 30.00 720.00 Remove Conc. Curb Gutter Cu. Yd. 210 5.05 1,060.50 Select Topsoil BoITOw (LV) Cu. Yd. 31 21.00 651.00 7" Concrete Driveway Entrance Sq. Yd. 258 39,70 10,242.60 Wear Course Patch Driveways Sq. Yd. 57 17.00 969.00 Wear Course Patch Street Sq. Yd. 6.79 88.75 602.61 Adjust manhole casting complete Each 2 410.00 820.00 Adjust CB casting Each 1 250.00 250,00 Concrete C 0 B612 L.F. 58 13.50 783.00 Sodding Sq. Yd. 190 5.00 950.00 SUBTOTAL $17,999.11 Other costs 27% $4,856.67 Concrete Entrance Apron Cost $22,855.78 D. IMPROVEMENT AND ASSESSMENT RATES All assessable properties within the project area are commercial/ industrial. The improvement and assessment rates for commercial/ industrial property are computed as follows: Street Overlay TOTAL IMPROVEMENT ASSESSA LE COST UNITS $51,486.95 IMPROVEMENT RATE $2,428.63/ Acre IMPROVEMENT COST D. ASSESSMENT TERMS ASSESSABLE PORTION ASSESSMENT RATE 21.2 Net Acres y a X 100% IMPROVEMENT RATE $2,428.63/Acre $2,428.63/Acre Concrete Entrance Aprons Concrete entrance aprons were constructed at a cost of $17,999.11. Other costs in the amount of $4,856.67 were allocated resulting in an improvement cost of $22,855.78. According to the feasibility report this improvement is to 100% assessed. The assessment rate per square yard of concrete entrance apron installed was computed using the following: ASSESSABLE BASIS 522,855.78 258 SQ. YDS. IMPROVEMENT RATE ASSESSABLE PORTION $88.59/SQ. Y I X 100% IMPROVEMENT RATE $88.59/ SQ. YD. ASSESSMENT RATE $88.59/SQ. YD. The assessments are proposed for a tem. of 10 years. The interest rate is 6.0% per annum on the unpaid balance. 111. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $51,486.95 $51,486.95 Concrete Ent. Aprons 22,855.78 $22,855.78 Curb Gutter Repair 30,931.86 (30,931.86) Thomas Lk. Road Trail 73,239.69 (73,239.69) Total $178,514.28 $74,342.73 (8104,171.55) The City's Major Street Fund will provide financing for the City's responsibility of the listed improvements. FUND Major Street Fund .101Gorder, P.E. Public Works Department Dated AMOUNT $104,171.55 Reviewed Reviewed c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Finance Department Dated 3 COMMERCIAL/ INDUSTRIAL P.I.N. Net Area (Acre) Rate/ Acre Street Overlay Assmt D/W SY D/W Rate SY D/W Assmt Total Assort LIFE TIME FITNESS ADDITION 1565 THOMAS CENTER DR 10- 45400- 010 -01 8.0 $2,428.63 $19,429.04 $19,429.04 Subtotal 8.0 SAFARI AT EAGAN 3 1595 THOMAS CENTER DR 10- 65827 010 -01 2.1 $2,428.63 $5,100.12 $5,100.12 1575/1580/ 1585/ 1590 THOMAS CENTER DR 10- 65827 030.01 10- 65827- 040 -01 1065827- 050 -01 10- 65827- 060 -01 0.6 0.6 0,6 0.6 $2,428.63 $1,457.18 $1,457.18 $1,457.18 $1,457.18 $1,457.18 $1,457.18 $1,457.18 $1,457.18 Subtotal 4.5 $10,928.84 THOMAS LAKE CENTER No Address 10- 75925 020 -01 1.0 $2,428.63 $2,428.63 69 $88.59 $6,112.71 $8,541.34 1570 THOMAS CENTER DR 10- 75925- 060 -01 0.9 $2,428.63 $2,185.77 81 $88.59 $7,175.79 $9,361.56 1565 CLIFF RD 10- 75925- 010 -01 5.8 $2,428.63 $14,086.05 108 $88.59 $9,567.72 $23,653.77 1579 CLIFF RD 10- 75925- 050 -01 1.0 $2,428.63 $2,428.63 $2,428.63 Subtotal 8.7 $21,129.08 Totals 21.2 $51,486.96 258 $22,856.22 $74,343.18 Thomas Center Drive City Project No. 946 sse ssYnent Roll =Net Acrea (1 Net Area 9.4 Gross Acres 1.4 Acres Ponding Acre Credit (2) Net Area 2.6 Gross Acres 0.5 Acres Ponding Area Credit (3) Includes Lot acreage (0.2 acres) plus 0.4 acres common area for each lot go 1 OVO BIN3O SVIPJOHI L) (0 (0 2: 0 0 0 (1) (1) w 1— LL w w LL —J '2 nu m ca 1) 1/ 0 0 (0 —0 0< 7 ti (0 0) (0 '1/0, O L I z(\ g c5z fr:, o 1 c)j) 22 (0 00 2 (0<< 0 0< 0 z w (9 u-I —J 0JDWSSW iv ou iuwus Ewougonu.0 tWOqi O, WPI 0 0 0) LL Combined v����������/��������~._pJ��l� Project Number 10P946 Proposed Pending Assessment Assessment Variance Addition Name f6/uxxNbr Street Name 10'45400'010'01 Life Time Fimno 1565 Thomas Cent $19.42e.04 $24.120.00 $4.690.96 10-65e27'010'01 Safari At Eagan 1595 Thomas Cent $5.100.12 $6.330 00 $1.228.88 10'65827-030'01 Safari At Eagan 1590 Thomas Cent $1.457.18 *1.810 00 $352 82 10-65827'040'01 Safri At Egan 1585 Thomas Cent B1.457.18 $1.010 OO $352.82 10-65827'050-01 Safari At Eagan 1580 Thomas Cent $1.457.18 $1,810 00 $352.82 18'65e27'060'01 Safari At Eagan 1575 Thomas Cent *1.457,1e $1.810,0O $352.82 10'75825-010-01 Thomas Lake C 1565 Cliff Rd $23.05377 $25.1800O $1.520.23 10'75925'020-01 Thomas Lake C 1500 Thomas Cent $8.541,34 $9.710o0 $1.108.66 10-75925'050'01 Thomas Lake C 1578 Cliff Rd $2.428.03 $3.015.00 $586.37 10-75925'060'01 Thomas Lake C 1570 Thomas Cent $9.361.55 *10.360.00 $998.44 Summary for 'S4_Nb/= /0py4O(10 detail records) Sum $74,343.18 Wednesday, October 31, 2007 (OD $85,955.00 $11,611.82 Page 1 of 1 Agenda Information Memo November 5, 2007 Eagan City Council Meeting FACTS: ATTACHMENTS: F. PROJECT 947, FAWN RIDGE 1 2 STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 947 (Fawn Ridge 1't/ 2n Additions Street Overlay Improvements) and authorize its certification to Dakota County for collection. Project 947 provided for the bituminous overlay of numerous streets within Fawn Ridge 1St 2 Additions neighborhood, located east of Dodd Road, and south of Wilderness Run Road. The Final Assessment Roll was presented to the City Council on October 2, 2007, with a public hearing scheduled for November 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. The final assessment cost is approximately 25% less than the estimated benefit amounts that were presented at the original Public Hearing January 2, 2007. All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on October 30 to address all property owners' questions or concerns and provide any additional information of interest. Of the 145 parcels (all Single-Family) being assessed, no one attended the meeting. Final Assessment Report, pages /0 through 1 I sc: 0/ PROJECT Number: Project 947 Name: Fawn Ridge 1 st/ 2' Addition Mill Overlay Assessment: PUBLIC HEARING DATES November 5, 2007 Project Approval Date: January 2, 2007 SANITARY SEWER O Trunk O Lateral El Service O Lat, Benefit/trunk WATER O Trunk O Lateral O Service O Lat. Benefit/trunk O WAC OTHER O Service Pair Contract Number 07-01 Final Feasibility Rate Report Units Number of Parcels 145 FINAL ASSESSMENT HEARING Terms 5 Years Trunk STORM SEWER STREET O Gravel Base E1 Surfacing/ Signs $545.30 $735 Lot O Multi Family Equiv. C/I Equiv. O Driveway STREET LIGHTS O Installation O Energy Charge Interest Rate 6.0% Final Feasibility Rate Report Units Amount Assessed City Financed $106,640 F.R. $211.520 F.R. $79,068.06 $155.157.34 (F,R. Feasibility Report) City of Eaall demo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: October 5, 2007 Subject: Final Assessment Roll, Project 947 Fawn Ridge 1 2 Additions Street Overlay Improvements At the public hearing on January 2, 2007, the City Council ordered Project 947, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for the streets within the Fawn Ridge 1 2 Additions neighborhood, and replacement of curb and gutter on those streets as needed. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 07 -01. The following information was used in the preparation of the assessment roll for Project 947. L PROJECT COST The construction cost includes the amount of $194,335.08 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $3,885.07. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $39,890.32 were incurred resulting in an improvement and project cost of $235,224.40. The detail of these other costs is provided on Schedule L These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY IMPROVEMENT COST COST REPORT Street Resurfacing/ Sign Replace $131,204.37 $26,931.75 $158,136.12 $213,280 Curb Gutter Repair 63,130.71 12,958.57 76,089.28 $104,880 Totals $194,335.08 $39,890.32 $235,224.40 $318,160 1 `03 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 IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization L.S. 1 $1,800.00 $1,800.00 Mill bituminous surface Sq. Yd. 9,960 1.10 10,956.00 Bituminous mat. for tack coat Gal. 1,425 2.00 2,850.00 Wear Course Mixture Ton 2,240.03 43.20 96,769.30 Traffic control L. S. 1 1,615.00 1,615.00 Adjust water valve box riser Each 13 83.00 1,079.00 Repair gate valve top Each 2 230.00 460.00 Adjust manhole casting complete Each 24 410.00 9,840.00 Adjust manhole casting riser Each 13 150.00 1,950.00 Traffic signs L.S. 1 3,885.07 3,885.07 SUBTOTAL $131,204.37 Other costs @20.5% 26,931.75 Mill Overlay/ Street Sign Cost $158,136.12 C. IMPROVEMENT AND ASSESSMENT RATES All assessable properties within the project area are low- density residential. The improvement and assessment rates for low density residential property are computed as follows: TOTAL IMPROVEMENT COST $158,136.12 IMPROVEMENT RATE ASSESSABLE UNITS 145 Lots $1,090.59/Lot ASSESSABLE PORTION ASSESSMENT RATE $1,090.59/ Lot X 50% $545.30/Lot D. ASSESSMENT TERMS The assessments are proposed for a teen of 5 years. The interest rate is 6.0% per armurn on the unpaid balance. IMPROVEMENT RATE III. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $158,136.12 $79,068.06 ($79,068.06) Curb & Gutter Repair 76,089.28 (76,089.28) Total $235,224.40 $79,068.06 ($155,157.34) The City Major Street Fund will provide financing for the City's responsibility of the listed improvements. FUND AMOUNT Major Street Fund $155,157.34 O?L-- Z&, ?/-z - I4hn Gorder, P.E. Reviewed Public Works Department C7 Zj( - Dated Dated c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I (0,?t it NORTH 0P®G `? 4461®?® OQO? 4463 4462 ®® QO 4465 -- _ ® ? 4464 4462 4464 4466 4468 4467 ® ®mm 4461 4470 4469 4466 ® 4479 440 ®® 4463 4474 4475 4471 ?4G, .tea Oi 4 4465 473 i w 4e ( 4477 4463 4469 ?' ?? 4465 ® \ - - 4472 4467 4468 4475 4474 I 4469 4474 4477 r I 4476 4478 as /? ::78 4471 4481 C 731 4463 4475 1 i 4477 4482 4485 4500 479 741 4521 4517 4481 11 732 730 4504 4513 4,) 736 4511 749 738 ?' 4509 757 753 ??? 74 4515. 4508 4519 ® 510 742 /-l A 4512 4505 761 740,\ 4523 4506 4501 750 4516 X 705 760 4531 711 4497 4070 4502 765 4535 539 ?/ 4493 769 4524 C 1 /17 4489 773 9 721 747 4528 ?o 4485 4498 729 4481 777 / 741 735 4494 ii 781 4540 4490 CARIB?LNI 744 4486 786 4482 [4478 4474 740 736 732 -1 CLIFF ROAD LEGEND $ 545.30 per Lot Assessment Street Improvments ®o o ® Assessment Area G:Project & Contract Info\0947\FinaloAssmtlnfo\Final_Assessments 10-02-07 Fawn Ridge 1st & 2nd Additions City of Eaftan Neighborhood Street Revitalization Fig. 1 Engineering Department J 4 Project 947 - Final Assessments Combined Assessment.Roll Project Number 10P947 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10-25800-010-02 Fawn Ridge 4463 Whitetail Way $545,30 $735,00 $189.70 10-25800-010-03 Fawn Ridge 4462 Whitetail Way $545.30 $735.00 $189.70 10-25800-010-04 Fawn Ridge 4462 Reindeer Lan $545.30 $735.00 $189.70 10-25800-010-05 Fawn Ridge 730 Hay Lake Rd $545.30 $735.00 $189.70 10-25800-010-06 Fawn Ridge 4500 Whitetail Way $54530 $735.00 $189.70 10-25800-020-01 Fawn Ridge 4461 Lynx Ct $545.30 $735.00 $189.70 10-25800-020-02 Fawn Ridge 4468 Fawn Ridge T $545.30 $735.00 $189.70 10-25800-020-03 Fawn Ridge 4464 Whitetail Way $545.30 $735,00 $189.70 10-25800-020-04 Fawn Ridge 4464 Reindeer Lan $545.30 $735.00 $189.70 10-25800-020-05 Fawn Ridge 732 Hay Lake Rd $545.30 $735.00 $189.70 10-25800-030-01 Fawn Ridge 4467 Lynx Ct $545.30 $735.00 $189.70 10-25800-030-02 Fawn Ridge 4472 Fawn Ridge T $545.30 $735.00 $189.70 10-25800-030-03 Fawn Ridge 4466 Whitetail Way $545.30 $735.00 $189.70 10-25800-030-04 Fawn Ridge 4466 Reindeer Lan $545.30 $735.00 $189.70 10-25800-030-05 Fawn Ridge 736 Hay Lake Rd $545.30 $735.00 $18970 10-25800-040-01 Fawn Ridge 4473 Lynx Ct $54530 $735.00 $189.70 10-25800-040-02 Fawn Ridge 4474 Fawn Ridge T $545.30 $735.00 $189.70 10-25800-040-03 Fawn Ridge 4468 Whitetail Way $54530 $735.00 $189.70 10-25800-040-04 Fawn Ridge 4468 Reindeer Lan $54530 $735.00 $189.70 10-25800-040-05 Fawn Ridge 738 Hay Lake Rd $545.30 $735.00 $189.70 10-25800-050-01 Fawn Ridge 4481 Lynx Ct $545.30 $735.00 $189.70 10-25800-050-02 Fawn Ridge 4476 Fawn Ridge 'T $545.30 $735.00 $189.70 10-25800-050-03 Fawn Ridge 4470 Whitetail Way $545.30 $735.00 $189.70 10-25800-050-04 Fawn Ridge 4470 Reindeer Lan $54530 $735.00 $189.70 Wednesday, October.31, 2007 Page 1 of 6 10-T Combined Assessment Roll Project Number 10P947 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10-25800-050-05 Fawn Ridge 740 Hay Lake Rd $545.30 $735.00 $189.70 10-25800-060-01 Fawn Ridge 4478 Lynx Ct $545.30 $735.00 $189.70 10-25800-060-02 Fawn Ridge 4478 Fawn Ridge T $545.30 $735.00 $189.70 10-25800-060-03 Fawn Ridge 4474 Whitetail Way $545.30 $735.00 $189.70 10-25800-060-04 Fawn Ridge 4472 Reindeer Lan $545.30 $735.00 $18910 10-25800-060-05 Fawn Ridge 742 Hay Lake Rd $545.30 $735.00 $189.70 10-25800-070-01 Fawn Ridge 4476 Lynx Ct $545,30 $735.00 $189.70 10-25800-070-03 Fawn Ridge 4477 Reindeer Lan $545.30 $735,00 $189.70 10-25800-070-04 Fawn Ridge 4474 Reindeer Lan $545.30 $735.00 $189.70 10-25800-080-01 Fawn Ridge 4472 Lynx Ct $545,30 $735.00 $189,70 10-25800-080-02 Fawn Ridge 4482 Fawn Ridge T $545,30 $735.00 $189.70 10-25800-080-03 Fawn Ridge 4475 Reindeer Lan $545.30 $735.00 $189.70 10-25800-080-04 Fawn Ridge 4476 Reindeer Lan $545.30 $735.00 $189.70 10-25800-090-01 Fawn Ridge 4470 Lynx Ct $545,30 $735.00 $189.70 10-25800-090-02 Fawn Ridge 741 Hay Lake Rd $545,30 $735.00 $189.70 10-25800-090-03 Fawn Ridge 4473 Reindeer Lan $545.30 $735.00 $189,70 10-25800-090-04 Fawn Ridge 4478 Reindeer Lan $545.30 $735.00 $189.70 10-25800-100-01 Fawn Ridge 4468 Lynx Ct $545,30 $735.00 $189.70 10-25800-100-02 Fawn Ridge 4485 Whitetail Way $545.30 $735.00 $189,70 10-25800-100-03 Fawn Ridge 4471 Reindeer Lan $545.30 $735.00 $189.70 10-25800-100-04 Fawn Ridge 4480 Reindeer Lan $545.30 $735.00 $189.70 10-25800-110-01 Fawn Ridge 4464 Lynx Ct $545.30 $735.00 $189.70 10-25800-110-03 Fawn Ridge 4469 Reindeer Lan $545.30 $735.00 $189.70 10-25800-110-04 Fawn Ridge 4482 Reindeer Lan $545.30 $735.00 $189,70 10-25800-111-02 Fawn Ridge 4483 Whitetail Way $545.30 $1,470.00 $924.70 ld?ednesday, October 31, 2007 F? Page 2 of 6 Combined Assessment Roll Project Number 10P947 Proposed Pending PID Addition Name House Nbr Street Nmne Assess?ne?et Assessment Variance 10-25800-120-01 Fawn Ridge 4460 Lynx Ct $545,30 $735.00 $189.70 10-25800-120-02 Fawn Ridge 4481 Whitetail Way $545.30 $735.00 $18970 10-25800-120-03 Fawn Ridge 4467 Reindeer Lan $545.30 $735.00 $18970 10-25800-120-04 Fawn Ridge 731 Hay Lake Rd $545.30 $735.00 $189.70 10-25800-130-01 Fawn Ridge 4461 Fawn Ridge T $545.30 $735.00 $189.70 1 0-25800-1 30-02 Fawn Ridge 4479 Whitetail Way $545.30 $735.00 $189.70 10-25800-130-03 Fawn Ridge 4465 Reindeer Lan $545.30 $735.00 $189.70 10-25800-130-04 Fawn Ridge 727 Hay Lake Rd $545.30 $735.00 $189.70 10-25800-140-01 Fawn Ridge 4463 Fawn Ridge T $545.30 $735.00 $189.70 10-25800-140-02 Fawn Ridge 4477 Whitetail Way $545.30 $735.00 $189.70 10-25800-140-03 Fawn Ridge 4463 Reindeer Lan $545.30 $735.00 $189.70 10-25800-140-04 Fawn Ridge 723 Hay Lake Rd $545,30 $735.00 $189.70 10-25800-150-01 Fawn Ridge 4465 Fawn Ridge T $545.30 $73500 $189.70 10-25800-150-02 Fawn Ridge 4475 Whitetail Way $545.30 $735.00 $18970 10-25800-150-03 Fawn Ridge 4461 Reindeer Lan $545.30 $735.00 $189.70 10-25800-150-04 Fawn Ridge 719 Hay Lake Rd $545.30 $735.00 $189.70 10-25800-160-01 Fawn Ridge 4467 Fawn Ridge T $545.30 $735.00 $189.70 10-25800-160-02 Fawn Ridge 4469 Whitetail Way $545.30 $735.00 $189.70 10-25800-170-01 Fawn Ridge 4469 Fawn Ridge T $545.30 $735.00 $189.70 10-25800-170-02 Fawn Ridge 4465 Whitetail Way $545.30 $735.00 $189.70 10-25800-180-01 Fawn Ridge 4471 Fawn Ridge T $545.30 $735.00 $189.70 10-25800-190-01 Fawn Ridge 4473 Fawn Ridge T $545.30 $735.00 $189.70 10-25800-200-01 Fawn Ridge 4475 Fawn Ridge T $545.30 $735.00 $189.70 10-25800-210-01 Fawn Ridge 4477 Fawn Ridge T $545.30 $735.00 $189,70 10-25800-220-01 Fawn Ridge 4479 Fawn Ridge T $545,30 $735.00 $189.70 Wednesday, October 31, 2007 / o q Page.3 of 6 Combined Assessment Roll Project Number 10P947 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment variance 10-25800-230-01 Fawn Ridge 4481 Fawn Ridge T $545.30 $735.00 $189.70 10-25800-240-01 Fawn Ridge 745 Hay Lake Rd $54530 $735.00 $18970 10-25801-010-01 Fawn Ridge 2nd 4521 Oak Pond Rd $545.30 $735.00 $189.70 10-25801-010-02 Fawn Ridge 2nd 4510 Oak Pond Rd $545.30 $735.00 $189.70 10-25801-010-03 Fawn Ridge 2nd 746 Hay Lake Rd $545.30 $735.00 $189.70 10-25801-010-04 Fawn Ridge 2nd 4504 Whitetail Way $545.30 $735.00 $189.70 10-25801-010-05 Fawn Ridge 2nd 786 Hay Lake Rd $545.30 $73500 $189.70 10-25801-020-01 Fawn Ridge 2nd 4517 Oak Pond Rd $54530 $735.00 $189.70 10-25801-020-02 Fawn Ridge 2nd 4506 Oak Pond Rd $545.30 $735.00 $189.70 10-25801-020-03 Fawn Ridge 2nd 750 Hay Lake Rd $545.30 $735.00 $189.70 10-25801-020-04 Fawn Ridge 2nd 4508 Whitetail Way $545.30 $735.00 $189.70 10-25801-020-05 Fawn Ridge 2nd 4540 Whitetail Way $545.30 $735.00 $189.70 10-25801-030-01 Fawn Ridge 2nd 4513 Oak Pond Rd $545.30 $735.00 $189.70 10-25801-030-02 Fawn Ridge 2nd 4502 Oak Pond Rd $545.30 $735,00 $189.70 10-25801-030-03 Fawn Ridge 2nd 760 Hay Lake Rd $545.30 $735.00 $189.70 10-25801-030-04 Fawn Ridge 2nd 4512 Whitetail Way $545.30 $735.00 $189.70 10-25801-030-05 Fawn Ridge 2nd 744 Caribou Lane $545.30 $735.00 $189.70 10-25801-040-01 Fawn Ridge 2nd 4509 Oak Pond Rd $545.30 $735.00 $189.70 10-25801-040-02 Fawn Ridge 2nd 4498 Oak Pond Rd $545.30 $735.00 $189.70 10-25801-040-03 Fawn Ridge 2nd 4539 Whitetail Way $545.30 $735.00 $189.70 10-25801-040-04 Fawn Ridge 2nd 4516 Whitetail Way $545.30 $735.00 $189.70 10-25801-040-05 Fawn Ridge 2nd 740 Caribou Lane $545.30 $735.00 $189.70 10-25801-050-01 Fawn Ridge 2nd 4505 Oak Pond Rd $545.30 $735.00 $189.70 10-25801-050-02 Fawn Ridge 2nd 4494 Oak Pond Rd $545.30 $735.00 $189.70 10-25801-050-03 Fawn Ridge 2nd 4535 Whitetail Way $545.30 $735,00 $189.70 Wednesday, October 31, 2007 Page 4 of 6 /10 Combined Assessment Roll Project Number 10P947 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10-25801-050-04 Fawn Ridge 2nd 4520 Whitetail Way $545.30 $735.00 $189.70 10-25801-050-05 Fawn Ridge 2nd 736 Caribou Lane $545.30 $735.00 $189.70 10-25801-060-01 Fawn Ridge 2nd 4501 Oak Pond Rd $545.30 $735.00 $189.70 10-25801-060-02 Fawn Ridge 2nd 4490 Oak Pond Rd $545.30 $735.00 $189.70 10-25801-060-03 Fawn Ridge 2nd 4531 Whitetail Way $545.30 $735.00 $189.70 10-25801-060-04 Fawn Ridge 2nd 4524 Whitetail Way $545.30 $735.00 $189.70 10-25801-060-05 Fawn Ridge 2nd 732 Caribou Lane $545.30 $735.00 $189.70 10-25801-070-01 Fawn Ridge 2nd 4497 Oak Pond Rd $545.30 $735.00 $189.70 10-25801-070-02 Fawn Ridge 2nd 4486 Oak Pond Rd $545.30 $735.00 $189,70 10-25801-070-03 Fawn Ridge 2nd 4527 Whitetail Way $545.30 $735.00 $189.70 10-25801-070-04 Fawn Ridge 2nd 4528 Whitetail Way $545.30 $735.00 $18910 10-25801-070-05 Fawn Ridge 2nd 728 Caribou Lane $545.30 $735.00 $189.70 10-25801-080-01 Fawn Ridge 2nd 4493 Oak Pond Rd $545.30 $735.00 $189.70 10-25801-080-02 Fawn Ridge 2nd 4482 Oak Pond Rd $545.30 $735.00 $189.70 10-25801-080-03 Fawn Ridge 2nd 4523 Whitetail Way $545.30 $735.00 $189.70 10-25801-080-04 Fawn Ridge 2nd 747 Caribou Lane $545.30 $735.00 $189.70 10-25801-080-05 Fawn Ridge 2nd 724 Caribou Lane $545.30 $735.00 $189.70 10-25801-090-01 Fawn Ridge 2nd 4489 Oak Pond Rd $545.30 $735.00 $189.70 10-25801-090-02 Fawn Ridge 2nd 4478 Oak Pond Rd $545.30 $735.00 $189.70 10-25801-090-03 Fawn Ridge 2nd 4519 Whitetail Way $545,30 $735.00 $189.70 10-25801-090-04 Fawn Ridge 2nd 741 Caribou Lane $545.30 $735.00 $189.70 10-25801-090-05 Fawn Ridge 2nd 720 Caribou Lane $545.30 $735.00 $189.70 10-25801-100-01 Fawn Ridge 2nd 4485 Oak Pond Rd $545.30 $735.00 $189.70 10-25801-100-02 Fawn Ridge 2nd 4474 Oak Pond Rd $545.30 $735.00 $18970 10-25801-100-03 Fawn Ridge 2nd 4515 Whitetail Way $545.30 $735.00 $189.70 Wednesday, October 31, 2007 Page 5 of 6 Combined Assessment Roll Project Number 10P947 Proposed Pending P1D Addition Name House Nbr Street Name Assessment Assessment 10-25801-100-04 Fawn Ridge 2nd 735 Caribou Lane $545,30 $735.00 10-25801-100-05 Fawn Ridge 2nd 716 Caribou Lane $545.30 $735.00 10-25801-110-01 Fawn Ridge 2nd 4481 Oak Pond Rd $545.30 $735.00 10-25801-110-03 Fawn Ridge 2nd 4511 Whitetail Way $545.30 $735.00 10-25801-110-04 Fawn Ridge 2nd 729 Caribou Lane $545.30 $735.00 10-25801-110-05 Fawn Ridge 2nd 712 Caribou Lane $545.30 $735.00 10-25801-120-01 Fawn Ridge 2nd 781 Hay Lake Rd $545.30 $735.00 10-25801-120-04 Fawn Ridge 2nd 723 Caribou Lane $545.30 $735.00 10-25801-120-05 Fawn Ridge 2nd 708 Caribou Lane $545.30 $735.00 10-25801-130-01 Fawn Ridge 2nd 777 Hay Lake Rd $545.30 $735.00 10-25801-130-04 Fawn Ridge 2nd 717 Caribou Lane $545.30 $735.00 10-25801-140-01 Fawn Ridge 2nd 773 Hay Lake Rd $545.30 $735.00 10-25801-140-04 Fawn Ridge 2nd 711 Caribou Lane $545.30 $735,00 10-25801-150-01 Fawn Ridge 2nd 769 Hay Lake Rd $545.30 $735.00 10-25801-150-04 Fawn Ridge 2nd 705 Caribou Lane $545.30 $735.00 10-25801-160-01 Fawn Ridge 2nd 765 Hay Lake Rd $545.30 $735.00 10-25801-170-01 Fawn Ridge 2nd 761 Hay Lake Rd $545.30 $735,00 10-25801-180-01 Fawn Ridge 2nd 757 Hay Lake Rd $545,30 $735.00 10-25801-190-01 Fawn Ridge 2nd 753 Hay Lake Rd $545.30 $735.00 10-25801-200-01 Fawn Ridge 2nd 749 Hay Lake Rd $545.30 $735.00 Summary for 'SA_ Nbr' = 10P947 ( 144 detail records) Sum $78,523.20 $106,575,00 fVednesday, October 31, 2007 <<a Variance $189.70 $189.70 $189.70 $189,70 $189.70 $189.70 $189.70 $189.70 $189.70 $189.70 $189.70 $189.70 $189.70 $189.70 $189.70 $189.70 $189.70 $189.70 $189.70 $189.70 $28,051.80 Page6of6 Agenda Information Memo November 5, 2007 Eagan City Council Meeting G. PROJECT 948, WESTBURY ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 948 (Westbury Additions - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 948 provided for the bituminous overlay of numerous streets within Westbury Additions neighborhood, located south of Wescott Road, and west of Lexington Avenue. • The Final Assessment Roll was presented to the City Council on October 2, 2007, with a public hearing scheduled for November 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 27% less than the estimated benefit amounts that were presented at the original Public Hearing December 19, 2006. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on October 30 to address all property owners' questions or concerns and provide any additional information of interest. Of the 141 parcels (all Single-Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages throughf 113 FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 948 Assessment: November 5, 2007 Name: Westbury Additions Project Approval Date: December 19, 2006 Mill & Overlay Final Feasibility Rate Report Units SANITARY SEWER ? Trunk ? Lateral ? Service ? Lat. Benefit/trunk WATER ? Trunk ? Lateral ? Service ? Lat. Benefit/trunk ? WAC STORM SEWER ? Trunk STREET ? Gravel Base Rl Surfacing/ Signs ? Multi Family Equiv. ? C/I Equiv. ? Driveway Final Feasibility Rate Report Units $519.44 $717 / Lot OTHER STREET LIGHTS ? Service Pair ? Installation ? Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 07-01 141 5 Years 6.0% $101,120 F.R. $179.410 F.R. $73,241.22 $170,538.09 (F,R. = Feasibility Report) il9 A CL City of Eap demo To: Mayor and City Council From: John Border, Assistant City Engineer Date: September 28, 2007 Subject: Final Assessment Roll, Project 948 Westbury Additions Street Overlay Improvements At the public hearing on December 19, 2006, the City Council ordered Project 948, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for the streets within the Westbury Additions neighborhood, and replacement of curb and gutter on those streets as needed. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 07-01. The following information was used in the preparation of the assessment roll for Project 948. 1. PROJECT COST The construction cost includes the amount of $187,021.99 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $2,986.66. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $53,770.66 were incurred resulting in an improvement and project cost of $243,779.31. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. IMPROVEMENT Street Resurfacing/ Sign Replace Curb & Gutter Repair Totals CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY COST COST REPORT $114,166.28 $32,316.17 75,842.37 21454.49 $190,008.65 $53,770.66 $146,482.45 $202,240 97,296.86 $78.290 $243,779.31 $280,530 H. 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 IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT QTY UNIT PRICE EXTENDED COST Mobilization L.S. 1 $1,800.00 $1,800.00 Mill bituminous surface Sq. Yd. 8,739 1.05 9,175.95 Bituminous mat. for tack coat Gal. 1,380 2.00 2,760.00 Wear Course Mixture Ton 1,798.02 43.60 78,393.67 Traffic control L. S. 1 1,615.00 1,615.00 Adjust water valve box - riser Each 15 83.00 1,245.00 Repair gate valve top Each 1 230.00 230.00 R & R MH Casting Each 2 650.00 1,300.00 Adjust manhole casting - complete Each 31 410.00 12,710.00 Adjust manhole casting •- riser Each 13 150.00 1,950.00 Traffic signs L.S. 1 2,986.66 2,986.66 SUBTOTAL $114,166.28 Other costs @28.1% $32,316.17 Mill & Overlay/ Street Sign Cost $146,482.45 C. IMPROVEMENT AND ASSESSMENT RATES All assessable properties within the project area are low-density residential. The improvement and assessment rates for low-density residential property are computed as follows: TOTAL IMPROVEMENT COST ASSESSABLE UNITS IMPROVEMENT RATE $146,482.45 IMPROVEMENT RATE 141 Lots ASSESSABLE PORTION $1,038.88/ Lot X 50% D. ASSESSMENT TERMS $1,038.88/Lot ASSESSMENT RATE $519.44/Lot The assessments are proposed for a term of 5 years. The interest rate is 6.0% per annum on the unpaid balance. 2 11 (P III. CITY REVENUES (RESPONSIRELITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $146,482.45 $73,241.22 ($73,241.23) Curb & Gutter Repair 97,296.86 97.296.86 Total $464,806.92 $73,241.22 ($170,538.09) The City Major Street Fund will provide financing for the City's responsibility of the listed improvements. FUND AMOUNT Major Street Fund $170,538.09 n Gorder, P.E. Reviewed Public Works Department 2 /C) --.7> ( 0 Dated c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Dated t LF"? Finance Department N WESCOTT ROAD \ W E 3813 N 38 3805 3801 3800 3804 S ?1 ~~ 3 4 NO SCALE 3819` 3 OR. z 3820 3825 3824 3831 3824 3818 3812 3805 3813 3828 129 1125 1121 1117 11131 3837 ?r I 3832 3843 3836 W. 3849 BURY PATH 3840 3855 3844 tea' 3861 1128 1 124 1120 1116 1112 -' 3848 3849 L I 3867 854 1137 1140 3852 3860 3853 <? 3873 3866 856 3872 1136 3857 -? 3860 Q 3861 3864 Z 387 3865 3879 3884 3868 O 1132 Ur \C/? / 790 3872 Z 1128 3885 3896 3876 W 902 1124, 3891V 2 908 1120 880 -J Future thru Str Planned w/ 1175 1112 eet 117 3897 391 1116 1167 920 884 Development 1163 93 3938 1159 3888 3901 I 3892 906 1174 3910 "KNO LL- 905 ?? 3921 3914 3919 1170 391 3909 [ 913 398 392 3933 3939 945 3951 923 1166 r 3927 m 3922 3926 17L] 3912 3916 r 3967 931, 3930 921 3920 3971 3924 3945 39333 393 3933 - 1? LEGEND ' WESTBURY 3928 3972 / , 1 OU LOT 3932 ) - 519.44 per Lot Assessment t A Street i s mprovmen 3968 3960 3956 3952 394 3944 3936 ®® ® Assessment Area ® M:= MIM IMM =3 MIM =M =3 G:Project & Contract Info\0948-Westbury\FinalAssmntlnfo\FinalAssessments 10-05-07 Westbury 1st-4th Additions °{w City of Eap Neighborhood Street Revitalization Fig. 1 Project 948 - Final Assessmen ts Engineering Department Combined Assessment Roll Project Number 10P948 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment variance 10-83650-010-01 Westbury 1st 3879 Westbury Dr $519.44 $717,00 $197.56 10-83650-010-02 Westbury 1st 3825 Westbury Dr $519.44 $717.00 $197.56 10-83650-010-03 Westbury 1st 3824 Westbury Dr $519.44 $717.00 $197.56 10-83650-010-04 Westbury 1st 1112 Westbury Pat $519.44 $717.00 $197.56 1 0-83650-0 1 0-05 Westbury 1st 3921 Westbury Dr $519.44 $717.00 $197.56 10-83650-020-01 Westbury 1st 3885 Westbury Dr $519.44 $717.00 $197,56 10-83650-020-02 Westbury 1st 3831 Westbury Dr $519.44 $717.00 $197.56 10-83650-020-03 Westbury 1st 3818 Westbury Dr $519.44 $717.00 $197.56 10-83650-020-04 Westbury 1st 1116 Westbury Pat $519.44 $717.00 $197.56 10-83650-020-05 Westbury 1st 3927 Westbury Dr $519.44 $717.00 $197.56 10-83650-030-01 Westbury 1st 3891 Westbury Dr $519.44 $717.00 $197.56 10-83650-030-02 Westbury 1st 3837 Westbury Dr $519.44 $717.00 $197.56 10-83650-030-03 Westbury 1st 3812 Westbury Dr $519.44 $717.00 $197.56 10-83650-030-04 Westbury 1st 1120 Westbury Pat $519.44 $717.00 $197.56 10-83650-030-05 Westbury 1st 3933 Westbury Dr $519.44 $717,00 $197.56 10-83650-040-01 Westbury 1st 3897 Westbury Dr $519.44 $717.00 $197.56 10-83650-040-02 Westbury 1st 3843 Westbury Dr $519.44 $717.00 $197.56 10-83650-040-03 Westbury 1st 3805 Westbury Lan $519.44 $717.00 $197.56 10-83650-040-04 Westbury 1st 1124 Westbury Pat $519,44 $717,00 $197.56 10-83650-040-05 Westbury 1st 3939 Westbury Dr $519.44 $717.00 $197.56 10-83650-050-02 Westbury 1st 3849 Westbury Dr $519.44 $717.00 $197.56 10-83650-050-03 Westbury 1st 3813 Westbury Lan $519.44 $717.00 $197.56 10-83650-050-04 Westbury 1st 1128 Westbury Pat $519.44 $717,00 $197.56 10-83650-051-05 Westbury 1st 3945 Westbury Dr $519.44 $717.00 $197,56 Wednesday, October 31, 2007 Page 1 of 6 1 )1 combined Assessment Roll Project Number 10P948 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10-83650-210-04 Westbury 1st 3938 Westbury Dr $519.44 $717.00 $197.56 10-83651-010-01 Westbury 2nd 3801 Westbury Dr $519.44 $717.00 $197,56 10-83651-010-02 Westbury 2nd 3800 Westbury Lan $519.44 $717.00 $197.56 10-83651-020-01 Westbury 2nd 3805 Westbury Dr $519.44 $717.00 $197.56 10-83651-020-02 Westbury 2nd 3804 Westbury Lan $519.44 $717.00 $197.56 10-83651-030-01 Westbury 2nd 3809 Westbury Dr $519.44 $717.00 $197.56 10-83651-030-02 Westbury 2nd 3808 Westbury Lan $519.44 $717.00 $197.56 10-83651-040-01 Westbury 2nd 3813 Westbury Dr $519,44 $717.00 $197.56 10-83651-040-02 Westbury 2nd 3812 Westbury Lan $519.44 $717.00 $197.56 10-83651-050-01 Westbury 2nd 3819 Westbury Dr $519,44 $717.00 $197.56 10-83651-050-02 Westbury 2nd 3816 Westbury Lan $519.44 $717.00 $197.56 10-83651-060-02 Westbury 2nd 3820 Westbury Lan $519.44 $717.00 $197.56 10-83651-070-02 Westbury 2nd 3824 Westbury Lan $519.44 $717.00 $197.56 10-83651-080-02 Westbury 2nd 3828 Westbury Lan $519.44 $717.00 $197.56 10-83651-090-02 Westbury 2nd 3832 Westbury Lan $519.44 $717.00 $197.56 10-83651-100-02 Westbury 2nd 3836 Westbury Lan $519,44 $717.00 $197.56 10-83651-110-02 Westbury 2nd 3840 Westbury Lan $519.44 $717.00 $197.56 10-83652-010-01 Westbury 3rd 3844 Westbury Lan $519.44 $717.00 $197.56 10-83652-010-02 Westbury 3rd 1112 Westbury Cir $519.44 $717,00 $197.56 10-83652-020-01 Westbury 3rd 3848 Westbury Lan $519.44 $717.00 $197.56 10-83652-020-02 Westbury 3rd 1116 Westbury Cir $519,44 $717,00 $197.56 10-83652-030-01 Westbury 3rd 3852 Westbury Lan $519.44 $717.00 $197.56 10-83652-030-02 Westbury 3rd 1120 Westbury Cir $519.44 $717.00 $197.56 10-83652-040-01 Westbury 3rd 3856 Westbury Lan $519.44 $717.00 $197.56 10-83652-040-02 Westbury 3rd 1124 Westbury Cir $519.44 $717,00 $197.56 Wednesday, October.31, 2007 Page.3 of 6 Combined.Assessment Roll Project Number 10P948 PID Addition Name House Nbr Street Name Proposed Pending Assessment Assessment Variance 10-83652-050-01 Westbury 3rd 3860 Westbury Lan $519.44 $717.00 $197,56 10-83652-050-02 Westbury 3rd 1128 Westbury Cir $519.44 $717.00 $197.56 10-83652-060-01 Westbury 3rd 3864 Westbury Lan $519.44 $717.00 $197.56 10-83652-060-02 Westbury 3rd 1132 Westbury Cir $519.44 $717.00 $197.56 10-83652-070-01 Westbury 3rd 3868 Westbury Lan $519,44 $717.00 $197.56 10-83652-070-02 Westbury 3rd 1136 Westbury Cir $519.44 $717.00 $197.56 10-83652-080-01 Westbury 3rd 3872 Westbury Lan $519.44 $717.00 $197.56 10-83652-080-02 Westbury 3rd 1140 Westbury Cir $519.44 $717.00 $197.56 10-83652-090-01 Westbury 3rd 3876 Westbury Lan $519,44 $717.00 $197.56 10-83652-090-02 Westbury 3rd 1137 Westbury Cir $519.44 $717.00 $197.56 10-83652-100-01 Westbury 3rd 3880 Westbury Lan $519.44 $717.00 $197.56 10-83652-100-02 Westbury 3rd 3849 Westbury Lan $519.44 $717.00 $197.56 10-83652-110-01 Westbury 3rd 3884 Westbury Lan $519.44 $717.00 $197.56 10-83652-110-02 Westbury 3rd 3853 Westbury Lan $519.44 $717.00 $197,56 10-83652-120-01 Westbury 3rd 3888 Westbury Lan $519.44 $717.00 $197.56 10-83652-120-02 Westbury 3rd 3857 Westbury Lan $519,44 $717.00 $197.56 10-83652-130-01 Westbury 3rd 3892 Westbury Lan $519,44 $717.00 $197.56 10-83652-130-02 Westbury 3rd 3861 Westbury Lan $519.44 $717.00 $197.56 10-83652-140-02 Westbury 3rd 3865 Westbury Lan $519.44 $717.00 $197.56 10-83653-010-00 Westbury 4th $519.44 $717,00 $197,56 10-83653-010-01 Westbury 4th 3901 Westbury Wa $519.44 $717,00 $197.56 10-83653-010-02 Westbury 4th 1175 Westbury Kno $519.44 $717.00 $197.56 10-83653-010-03 Westbury 4th 1174 Westbury Kno $519.44 $717.00 $197.56 10-83653-010-04 Westbury 4th 3908 Westbury Wa $519.44 $717.00 $197.56 10-83653-020-01 Westbury 4th 3905 Westbury Wa $519.44 $717.00 $197.56 Wednesday, October .31, 2007 Page 4 of 6 I as Combine Assessment Roll Project Number 10P948 Proposed Pending PID Addition Name House Nbr Street Nante Assessment Assessment Variance 10-83653-020-02 Westbury 4th 1171 Westbury Kno $519.44 $717.00 $197.56 10-83653-020-03 Westbury 4th 1170 Westbury Kno $519.44 $717.00 $197.56 10-83653-020-04 Westbury 4th 3912 Westbury Wa $519.44 $717.00 $197.56 10-83653-030-01 Westbury 4th 3909 Westbury Wa $519.44 $717.00 $197.56 10-83653-030-02 Westbury 4th 1167 Westbury Kno $519.44 $717.00 $197.56 10-83653-030-03 Westbury 4th 1166 Westbury Kno $519.44 $717.00 $197,56 10-83653-030-04 Westbury 4th 3916 Westbury Wa $519,44 $717.00 $197.56 10-83653-040-01 Westbury 4th 3913 Westbury Wa $519.44 $717.00 $197,56 10-83653-040-02 Westbury 4th 1163 Westbury Kno $519.44 $717.00 $197.56 10-83653-040-03 Westbury 4th 3919 Westbury Tr $519.44 $717.00 $197.56 10-83653-040-04 Westbury 4th 3920 Westbury Wa $519.44 $717.00 $197.56 10-83653-050-01 Westbury 4th 3917 Westbury Wa $519.44 $717.00 $197.56 10-83653-050-02 Westbury 4th 1159 Westbury Kno $519,44 $717.00 $197.56 10-83653-050-03 Westbury 4th 3923 Westbury Tr $519.44 $717.00 $197.56 10-83653-050-04 Westbury 4th 3924 Westbury Wa $519.44 $717.00 $197.56 10-83653-060-01 Westbury 4th 3921 Westbury Wa $519,44 $717.00 $197.56 10-83653-060-03 Westbury 4th 3927 Westbury Tr $519.44 $717.00 $197.56 10-83653-060-04 Westbury 4th 3928 Westbury Wa $519.44 $717.00 $197.56 10-83653-070-01 Westbury 4th 3933 Westbury Wa $519.44 $717.00 $197.56 10-83653-070-03 Westbury 4th 3931 Westbury Tr $519,44 $717,00 $197.56 10-83653-070-04 Westbury 4th 3932 Westbury Wa $519.44 $717.00 $197,56 10-83653-080-01 Westbury 4th 3934 Westbury Tr $519.44 $717.00 $197.56 10-83653-080-03 Westbury 4th 3935 Westbury Tr $519.44 $717.00 $197.56 10-83653-080-04 Westbury 4th 3936 Westbury Wa $519.44 $71700 $197.56 10-83653-090-01 Westbury 4th 3930 Westbury Tr $519.44 $71700 $197.56 Wednesday, October .31, 2007 Page 5 of 6 ia3 Combined Assessment.Roll Project Number 10P948 PID Addition Name House Nbr Street Narne 10-83653-090-03 Westbury 4th 3967 10-83653-100-01 Westbury 4th 3926 10-83653-100-03 Westbury 4th 3971 10-83653-110-01 Westbury, 4th 3922 10-83653-110-03 Westbury 4th 3972 10-83653-120-01 Westbury 4th 3918 10-83653-120-03 Westbury 4th 3968 10-83653-130-01 Westbury 4th 3914 10-83653-130-03 Westbury 4th 3964 10-83653-140-01 Westbury 4th 3910 10-83653-140-03 Westbury 4th 3960 10-83653-150-01 Westbury 4th 3906 10-83653-150-03 Westbury 4th 3956 10-83653-160-01 Westbury 4th 3902 10-83653-160-03 Westbury 4th 3952 10-83653-170-03 Westbury 4th 3948 10-83653-180-03 Westbury 4th 3944 Summary for 'SA_Nbr' = 10P948 (141 detail records) Sum Proposed Pending Assessment Assessment Variance Westbury Wa $519.44 $717.00 $197.56 Westbury Tr $519.44 $717.00 $197.56 Westbury Wa $519.44 $717.00 $197.56 Westbury Tr $519.44 $717.00 $197.56 Westbury Wa $519.44 $717.00 $197.56 Westbury Tr $519.44 $717.00 $197,56 Westbury Wa $519.44 $717.00 $197.56 Westbury Tr $519.44 $717.00 $197.56 Westbury Wa $519.44 $717.00 $197.56 Westbury Tr $519.44 $717.00 $197.56 Westbury Wa $519.44 $717.00 $197.56 Westbury Tr $519.44 $717.00 $197.56 Westbury Wa $519.44 $717.00 $197.56 Westbury Tr $519.44 $717.00 $197.56 Westbury Wa $519.44 $717.00 $197.56 Westbury Wa $519.44 $717.00 $197.56 Westbury Wa $519.44 $717.00 $197.56 $73,241,04 $101,097.00 $27,855.96 Wednesday, October.31, 2007 Page 6 of 6 1 0?? Agenda Information Memo November 5, 2007 Eagan City Council Meeting H. PROJECT 949, LEXINGTON SQUARE ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 949 (Lexington Square Additions - Street Overlay Improvements) and authorize its certification to Dalcota County for collection. FACTS: • Project 949 provided for the bituminous overlay of numerous streets within Lexington Square Additions neighborhood, located south of Wescott Road, and east of Lexington Avenue. • The Final Assessment Roll was presented to the City Council on October 2, 2007, with a public hearing scheduled for November 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 15% less than the estimated benefit amounts that were presented at the original Public Hearing December 19, 2007. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on October 30 to address all property owners' questions or concerns and provide any additional information of interest. Of the 360 parcels (all Single-Family) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pagesthroughJ FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 949 Assessment: November 5, 2007 Name: Lexington Square Additions Project Approval Date: December 19, 2006 Mill & Overlay SANITARY SEWER ? Trunk ? Lateral ? Service ? Lat. Benefit/trunk WATER ? Trunk ? Lateral ? Service ? Lat. Benefit/trunk ? WAC Final Feasibility Rate Report Units STORM SEWER ? Trunk STREET ? Gravel Base Q Surfacing/ Signs ? Multi Family Equiv. ? C/I Equiv. ? Driveway Final Feasibility Rate Report Units $579.58 $679 / Lot OTHER STREET LIGHTS ? Service Pair ? Installation ? Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 07-01 360 5 Years 6.0% $244.450 F.R. $402,670 F.R. $208,648.76 $321856.22 (FR, = Feasibility Report) L3; ? City of Evan Demo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: October 5, 2007 Subject: Final Assessment Roll, Project 949 Lexington Square Additions Street Overlay Improvements At the public hearing on December 19, 2006, the City Council ordered Project 949, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for the streets within the Lexington Square Additions neighborhood, and replacement of curb and gutter on those streets as needed. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 07-01. The following information was used in the preparation of the assessment roll for Project 949. 1. PROJECT COST The construction cost includes the amount of $441,615.49 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $8,013.21. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $81,876.28 were incurred resulting in an improvement and project cost of $531,508.98. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER COSTS IMPROVEMENT FEASIBILITY ><-NA-DD nxT-Vrvr1P'rarm COST COST REPORT Street Resurfacing/ Sign Replace $353,014.46 $64,283.06 $417,297.52 $488,890 Curb & Gutter Repair 96,614.24 17,593.22 114,207.46 $158,220 Totals $449,628.70 $81,876.28 $531,504.98 $647,110 01-7 H. 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 IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: ITEM UNIT QTY UNIT PRICE EXTENDED COST Mobilization L.S. 1 $1,800.00 $1,800.00 Mill bituminous surface Sq. Yd. 24,250 1.05 25,462.50 Bituminous mat. for tack coat Gal. 3,200 2.00 6,400.00 Wear Course Mixture Ton 6,452.93 43.60 281,347.75 Traffic control L. S. 1 1,615.00 1,260.00 Adjust water valve box - riser Each 32 83.00 2,656.00 Repair gate valve top Each 4 230.00 920.00 Adjust manhole casting - complete Each 45 410.00 18,450,00 Adjust manhole casting - riser Each 38 150.00 5,700.00 R & R MH Casting Each 1 $650.00 $650.00 Traffic signs L.S. 1 8,013.21 8,013.21 SUBTOTAL $353,014.46 Other costs @ 18.1 % 64,283.06 Mill & Overlay/ Street Sign Cost $417,297.52 C. IMPROVEMENT AND ASSESSMENT RATES All assessable properties within the project area are low-density residential. The improvement and assessment rates for low-density residential property are computed as follows: TOTAL IMPROVEMENT ASSESSABLE COST UNITS IMPROVEMENT RATE $417,297.52 360 Lots $1,159.16/Lot IMPROVEMENT RATE ASSESSABLE PORTION AS SESSMENT RATE $1,159.16/ Lot X 50% $579.58/Lot D. ASSESSMENT TERMS The assessments are proposed for a term of 5 years. The interest rate is 6.0% per annum on the unpaid balance. 2 tau III. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Street Resurfacing/ Signs $417,297.52 $208,648.76 ($208,648.76) Curb & Gutter Repair 114.207.46 (114207.46) Total $531,508.98 $208,648.76 ($322,856.22) The City Major Street Fund will provide financing for the City's responsibility of the listed improvements. FUND AMOUNT Major Street Fund $322,856.22 J Win Gorder, P.E. Reviewed Public Works Department Dated c: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I 3 Iaq Dated I( \' _„ ^? N ?\ N M \ OC! N Z -Al Lool (O ,n "Do m 0) (: ? x M ?? \ o w M °J "n QD c) co o) a) co x, o M 0 0 0 O_?A? ?? V VV N o o o-Ci/ rn a co m o) o) Ll, o) o cl) o C/) C, 9/ CD O O ,/ \ yam /?. / c0- M- m 0 CD 0) j,ol o y o ? m ? o W O N L(?7 7 to /r )\ N / \Y /.?j p M M M co N M co Cl) o o o Lr ??? '? ??\M\yy?/ M m o N co 0, 0) Cl) KOlSOF M 1,0 p -- _ - M O M ONi QNi Cl) o o 0) Cl) Cl) _ - o crr?1- 11? J+I 0) c { o t- Q O M M N G M N J ( o M 10 O Iml - CD U] Q 1--??-. M... N M O o N O 00 CO N M o m ,'III _ o M 0)/ [pD o I??' - O M m -- - M N N O O O 11._ o "TI - O Ill n M O MWM O O ?. M O I. 00 O - p - ?I"2i1 tiNh dL'9I`J 0 0 0 0 w l77/ ?-1 h 1rt fit 1?I W M N m m? M M N M O M M' t. 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(n J D) a L U) 0) 0) 000 co - ' L C, o of - - ice) -- (D 00 r- co I co 0 n W: z o a) N o '- ?' m min m CC) 11 ON M %.y t5 CC) 0) co 0 x It- N a' o o o > Q C _j W -? 1 N N Cl) CD co Q) 0 C llh II co - M o o L 1J IJ015o9 r co •- 7 i ,\.. o W co m 0 U) 0) 00 co V) < 0 o?\?ar ?? ? o \_ M co Cl) m I \\ a m X 00 al c ° L o W ? (( % N ? a 1 _ C Q O I i0 M _ l rn ,_- 1"i N OINrIJ O 11 M] cl) C, ? O .. c0 r' j a N M N / ?C 0) Cl) N \. _ M pill O N N -It ?O ID N I I I I- I I? ?0 IO ?\/ / ?NO I {- ? ° 37"U31 Na3 11 rtt- ti 1? I 1 ?1 V fit-1?Z?'< OD 0) 0 m rJ l W l) DCl) 'O r- OD co m W M M C - T (D Ir _ co 00 0) Cl) N c o co co W DO) 61 O m O m G? - O ?u-?? ?a? III u??\ 1IV211 N0137NItid,' 13 ?\\, 11- 11? 1rt-t?\1- 11 tt-11= tt- i \ - ? ? 0 vM voi m co rn o o ° M 0) E M M M m 00 c) M co M 0) m m M 0) M 0) M M E2 w N 01 end NO±ONIX31 g y O W CombinedAssessment Roll Project Number 10P949 Proposed Pending PID Addition: Name House Nbr Street Name Assessment Assessment Variance 10-19700-010-01 Danbury Place 3917 Danbury Tr $579.58 $679,00 $99.42 10-19700-010-02 Danbury Place 3920 Danbury Tr $579.58 $679.00 $99"42 10-19700-020-01 Danbury Place 3913 Danbury Tr $579.58 $679.00 $99.42 10-19700-020-02 Danbury Place 3916 Danbury Tr $579.58 $679.00 $99.42 10-19700-030-01 Danbury Place 3909 Danbury Tr $579.58 $679,00 $99.42 10-19700-030-02 Danbury Place 3912 Danbury Tr $579.58 $679.00 $99.42 10-19700-040-01 Danbury Place 3905 Danbury Tr $579.58 $679.00 $99.42 10-19700-040-02 Danbury Place 3908 Danbury Tr $579.58 $679.00 $99.42 10-19700-050-01 Danbury Place 3901 Danbury Tr $579.58 $679.00 $99.42 10-19700-050-02 Danbury Place 3904 Danbury Tr $579.58 $679.00 $99.42 10-19700-060-01 Danbury Place 3897 Danbury Tr $579.58 $679.00 $99.42 10-19700-060-02 Danbury Place 3900 Danbury Tr $579.58 $679.00 $99.42 10-19700-070-01 Danbury Place 3893 Danbury Tr $579.58 $679.00 $99.42 10-19700-070-02 Danbury Place 3896 Danbury Tr $579.58 $679.00 $99`42 10-19700-080-01 Danbury Place 3889 Danbury Tr $579,58 $679.00 $99.42 10-19700-080-02 Danbury Place 3892 Danbury Tr $579.58 $679.00 $99.42 10-19700-090-02 Danbury Place 3888 Danbury Tr $579.58 $679.00 $99,42 10-19700-100-02 Danbury Place 3884 Danbury Tr $579,58 $679.00 $99.42 10-28804-020-01 Gardenwood Po 967 Stony Point R $579.58 $679.00 $99.42 10-28805-020-01 Gardenwood Po 962 Stanwix Rd $579,58 $679.00 $99.42 10-45075-010-01 Lexington Squar 3859 Princeton Cir $57958 $679.00 $99.42 10-45075-010-02 Lexington Squar 1030 Briar Creek R $579.58 $679.00 $99.42 10-45075-010-03 Lexington Squar 1072 Kettle Creek $579.58 $679.00 $99.42 10-45075-010-04 Lexington Squar 3871 Princeton Tr $579.58 $679.00 $99.42 Wednesday, October.31, 2007 Bc? Page 1 of 15 Combined Assessment Roll Project Number 1OP949 Proposed Pending PID Addition Name House Nbr Street Nanre Assessment Assessment Variance 10-45075-010-05 Lexington Squar 3874 Princeton Tr $579,58 $679.00 $99.42 10-45075-010-06 Lexington Squar 3876 Gibraltar Tr $579.58 $679.00 $99,42 10-45075-010-07 Lexington Squar 3906 Gibraltar Tr $579,58 $679.00 $99.42 10-45075-010-08 Lexington Squar 1057 Ticonderoga T $579.58 $679.00 $99.42 10-45075-020-01 Lexington Squar 3853 Princeton Cir $579.58 $679.00 $9942 10-45075-020-02 Lexington Squar 1034 Briar Creek R $579.58 $679.00 $99.42 10-45075-020-03 Lexington Squar 1068 Kettle Creek $579.58 $67900 $99.42 10-45075-020-04 Lexington Squar 3877 Princeton Tr $579.58 $679.00 $99.42 10-45075-020-05 Lexington Squar 3880 Princeton Tr $579.58 $679,00 $99,42 10-45075-020-06 Lexington Squar 3882 Gibraltar Tr $579.58 $679.00 $99.42 10-45075-020-07 Lexington Squar 3912 Gibraltar Tr $579.58 $679.00 $99.42 10-45075-020-08 Lexington Squar 1049 Ticonderoga T $579.58 $679.00 $99.42 10-45075-030-01 Lexington Squar 3847 Princeton Cir $579.58 $679.00 $99.42 10-45075-030-02 Lexington Squar 1038 Briar Creek R $579.58 $679.00 $99.42 10-45075-030-03 Lexington Squar 1064 Kettle Creek $579.58 $679.00 $99.42 10-45075-030-04 Lexington Squar 3883 Princeton Tr $579.58 $679.00 $99.42 10-45075-030-05 Lexington Squar 3886 Princeton Tr $579.58 $679.00 $99,42 10-45075-030-06 Lexington Squar 3888 Gibraltar Tr $579.58 $679.00 $99.42 10-45075-030-07 Lexington Squar 3918 Gibraltar Tr $579.58 $679.00 $99.42 10-45075-030-08 Lexington Squar 1041 Ticonderoga T $579.58 $679.00 $99.42 10-45075-040-01 Lexington Squar 3841 Princeton Cir $579.58 $679.00 $99.42 10-45075-040-02 Lexington Squar 1042 Briar Creek R $579.58 $679.00 $99.42 10-45075-040-03 Lexington Squar 1060 Kettle Creek $579.58 $679.00 $99.42 10-45075-040-04 Lexington Squar 3889 Princeton Tr $579.58 $679.00 $99.42 10-45075-040-05 Lexington Squar 3892 Princeton Tr $579.58 $679.00 $99.42 Wednesday, October 31, 2007 133 Page2of15 Combined ..Assessment Roll Project Number 10P949 Proposed Pending PID Addition Name House Nbr Street Nance Assessment Assessment Valiance 10-45075-040-07 Lexington Squar 3924 Gibraltar Tr $579.58 $679.00 $99.42 10-45075-040-08 Lexington Squar 1033 Ticonderoga T $579.58 $679.00 $99,42 10-45075-050-01 Lexington Squar 3837 Princeton Cir $579.58 $679.00 $99.42 10-45075-050-02 Lexington Squar 1046 Briar Creek R $579.58 $679.00 $99.42 10-45075-050-03 Lexington Squar 1056 Kettle Creek $579.58 $679.00 $99.42 10-45075-050-04 Lexington Squar 3895 Princeton Tr $579.58 $679,00 $99.42 10-45075-050-05 Lexington Squar 3898 Princeton Tr $579.58 $679.00 $99.42 10-45075-050-08 Lexington Squar 1025 Ticonderoga T $579.58 $679.00 $99.42 10-45075-060-01 Lexington Squar 3844 Princeton Cir $579.58 $679,00 $99.42 10-45075-060-02 Lexington Squar 1050 Briar Creek R $579.58 $679.00 $99,42 10-45075-060-03 Lexington Squar 1052 Kettle Creek $579.58 $679.00 $99.42 10-45075-060-04 Lexington Squar 3901 Princeton Tr $579.58 $679.00 $99.42 10-45075-060-05 Lexington Squar 3904 Princeton Tr $579.58 $679.00 $99.42 10-45075-070-01 Lexington Squar 3850 Princeton Cir $579.58 $679.00 $99.42 10-45075-070-02 Lexington Squar 1054 Briar Creek R $579.58 $679.00 $99.42 10-45075-070-03 Lexington Squar 1048 Kettle Creek $579.58 $679.00 $99.42 10-45075-070-04 Lexington Squar 3907 Princeton Tr $579,58 $679.00 $99.42 10-45075-070-05 Lexington Squar 3910 Princeton Tr $579.58 $679.00 $99.42 10-45075-080-01 Lexington Squar 3856 Princeton Cir $579.58 $679.00 $99.42 10-45075-080-02 Lexington Squar 1058 Briar Creek R $579.58 $679.00 $99.42 10-45075-080-03 Lexington Squar 1044 Kettle Creek $579.58 $679.00 $99.42 10-45075-080-04 Lexington Squar 3913 Princeton Tr $579.58 $679.00 $99.42 10-45075-080-05 Lexington Squar 3916 Princeton Tr $579.58 $679.00 $99.42 10-45075-090-01 Lexington Squar 3862 Princeton Cir $579.58 $679.00 $99.42 10-45075-090-02 Lexington Squar 1062 Briar Creek R $579.58 $679.00 $99.42 Wednesday, October31, 2007 Page 3 of 15 CombinedAssessment Roll Project Number 1OP949 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10-45075.090-03 Lexington Squar 1040 Kettle Creek $579.58 $679,00 $99.42 10-45075-090-04 Lexington Squar 3919 Princeton Tr $579.58 $67900 $99,42 10-45075-090-05 Lexington Squar 3922 Princeton Tr $579.58 $679.00 $99.42 10-45075-100-01 Lexington Squar 3869 Gibraltar Tr $579.58 $679.00 $99.42 10-45075-100-02 Lexington Squar 1066 Briar Creek R $579.58 $679.00 $99.42 10-45075-100-03 Lexington Squar 1036 Kettle Creek $579.58 $679.00 $99.42 10-45075-100-04 Lexington Squar 3925 Princeton Tr $579.58 $679.00 $99.42 10-45075-100-05 Lexington Squar 3928 Princeton Tr $579.58 $679.00 $99.42 10-45075-110-01 Lexington Squar 3861 Gibraltar Tr $579.58 $679.00 $99.42 10-45075-110-02 Lexington Squar 1070 Briar Creek R $579.58 $679 00 $99.42 10-45075-110-03 Lexington Squar 1032 Kettle Creek $579.58 $679.00 $99.42 10-45075-110-04 Lexington Squar 3931 Princeton Tr $579.58 $679.00 $9942 10-45075-110-05 Lexington Squar 3934 Princeton Tr $579,58 $679.00 $99.42 10-45075-120-01 Lexington Squar 3853 Gibraltar Tr $579.58 $679.00 $9942 10-45075-120-02 Lexington Squar 1073 Kettle Creek $579.58 $679.00 $99.42 10-45075-120-03 Lexington Squar 1028 Kettle Creek $579.58 $679.00 $99.42 10-45075-120-04 Lexington Squar 3937 Princeton Tr $579,58 $679,00 $99.42 10-45075-120-05 Lexington Squar 3940 Princeton Tr $579.58 $679.00 $99.42 10-45075-130-01 Lexington Squar 3845 Gibraltar Tr $579.58 $679.00 $99.42 10-45075-130-02 Lexington Squar 1069 Kettle Creek $579.58 $679.00 $99.42 10-45075-130-04 Lexington Squar 3943 Princeton Tr $579.58 $679.00 $99.42 10-45075-130-05 Lexington Squar 1073 Ticonderoga T $579.58 $679.00 $99.42 10-45075-140-01 Lexington Squar 3837 Gibraltar Tr $579.58 $679.00 $99.42 10-45075-140-02 Lexington Squar 1065 Kettle Creek $579.58 $679.00 $99.42 10-45075-140-04 Lexington Squar 1092 Ticonderoga T $579.58 $679.00 $99.42 Wednesday, October 31, 2007 Page 4 of 15 135 Combined .Assessment Roll Project Number 10P949 Proposed Pending PID Addition Name House Nbr• Street Name Assessrncut Assessment Variance 10-45075-140-05 Lexington Squar 3933 Gibraltar Tr $579.58 $679.00 $99.42 10-45075-150-01 Lexington Squar 3829 Gibraltar Tr $579.58 $679.00 $99.42 10-45075-150-02 Lexington Squar 1061 Kettle Creek $579.58 $679.00 $99.42 10-45075-150-04 Lexington Squar 1084 Ticonderoga T $579.58 $679,00 $99.42 10-45075-150-05 Lexington Squar 3927 Gibraltar Tr $579.58 $679.00 $99.42 10-45075-160-01 Lexington Squar 3821 Gibraltar Tr $579,58 $679,00 $99.42 10-45075-160-02 Lexington Squar 1057 Kettle Creek $579.58 $679.00 $99.42 10-45075-160-04 Lexington Squar 1076 Ticonderoga T $579.58 $679.00 $99.42 10-45075-160-05 Lexington Squar 3921 Gibraltar Tr $579,58 $679.00 $99.42 10-45075-170-01 Lexington Squar 3813 Gibraltar Tr $579,58 $679.00 $99.42 10-45075-170-02 Lexington Squar 1053 Kettle Creek $579,58 $679.00 $99.42 10-45075-170-04 Lexington Squar 1068 Ticonderoga T $579,58 $679.00 $99.42 10-45075-170-05 Lexington Squar 3915 Gibraltar Tr $579.58 $679.00 $99.42 10-45075-180-01 Lexington Squar 3805 Gibraltar Tr $579,58 $679.00 $99.42 10-45075-180-02 Lexington Squar 1049 Kettle Creek $579,58 $679,00 $99.42 10-45075-180-04 Lexington Squar 1060 Ticonderoga T $579.58 $679.00 $99.42 10-45075-180-05 Lexington Squar 3909 Gibraltar Tr $579.58 $679.00 $99.42 10-45075-190-01 Lexington Squar 1071 Briar Creek R $579.58 $679.00 $99,42 10-45075-190-02 Lexington Squar 1045 Kettle Creek $579.58 $679,00 $99,42 10-45075-190-04 Lexington Squar 1052 Ticonderoga T $579.58 $679.00 $99.42 10-45075-190-05 Lexington Squar 3903 Gibraltar Tr $579.58 $67900 $99.42 10-45075-200-01 Lexington Squar 1067 Briar Creek R $579.58 $679.00 $99.42 10-45075-200-02 Lexington Squar 1041 Kettle Creek $579.58 $679.00 $99.42 10-45075-200-04 Lexington Squar 1044 Ticonderoga T $579.58 $679.00 $99.42 10-45075-200-05 Lexington Squar 3897 Gibraltar Tr $579,58 $679.00 $99.42 Wednesday, October 31, 2007 1 Page 5 of 15 Combined Assessment Roll Project Number IOP949 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10-45075-210-01 Lexington Squar 1063 Briar Creek R $579.58 $679.00 $99.42 10-45075-210-02 Lexington Squar 1037 Kettle Creek $579.58 $679,00 $99.42 10-45075-210-04 Lexington Squar 1036 Ticonderoga T $579,58 $679.00 $99.42 10-45075-210-05 Lexington Squar 3891 Gibraltar Tr $579.58 $679.00 $99.42 10-45075-220-01 Lexington Squar 1059 Briar Creek R $579,58 $679.00 $99.42 10-45075-220-02 Lexington Squar 1033 Kettle Creek $579,58 $679.00 $99.42 10-45075-220-04 Lexington Squar 1028 Ticonderoga T $579.58 $679.00 $99.42 10-45075-220-05 Lexington Squar 3885 Gibraltar Tr $579.58 $679.00 $99.42 10-45075-230-01 Lexington Squar 1055 Briar Creek R $579.58 $679.00 $99.42 10-45075-230-04 Lexington Squar 1020 Ticonderoga T $579.58 $679.00 $99.42 10-45075-230-05 Lexington Squar 3879 Gibraltar Tr $579.58 $679.00 $99,42 10-45075-240-01 Lexington Squar 1051 Briar Creek R $579,58 $679.00 $9942 10-45075-240-05 Lexington Squar 3873 Gibraltar Tr $579,58 $679.00 $99.42 10-45075-250-01 Lexington Squar 1047 Briar Creek R $579.58 $679.00 $99.42 10-45075-260-01 Lexington Squar 1043 Briar Creek R $579.58 $679.00 $99,42 10-45075-270-01 Lexington Squar 1039 Briar Creek R $579.58 $679.00 $99.42 10-45075-280-01 Lexington Squar 1035 Briar Creek R $579.58 $679.00 $99.42 10-45075-290-01 Lexington Squar 1031 Briar Creek R $579.58 $679.00 $99.42 10-45075-300-01 Lexington Squar 1027 Briar Creek R $579.58 $679,00 $99.42 10-45075-310-01 Lexington Squar 1023 Briar Creek R $579.58 $679.00 $99.42 10-45075-320-01 Lexington Squar 1019 Briar Creek R $579.58 $679.00 $99.42 10-45075-330-01 Lexington Squar 1015 Briar Creek R $579.58 $679.00 $99.42 10-45075-340-01 Lexington Squar 1011 Briar Creek R $579.58 $679.00 $99.42 10-45075-350-01 Lexington Squar 1007 Briar Creek R $579.58 $679.00 $99.42 10-45075-360-01 Lexington Squar 1003 Briar Creek R $579.58 $679.00 $99.42 ldWednesrlay, October 31, 2007 Page 6 of 15 [57 Combined Assessment Roll Project Number 10P949 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10-45076-010-01 Lexington Squar 3929 Boston Cir $579.58 $679,00 $99.42 10-45076-010-02 Lexington Squar 1062 Boston Hill Rd $579.58 $679.00 $99.42 10-45076-020-01 Lexington Squar 3925 Boston Cir $579.58 $679.00 $99.42 10-45076-020-02 Lexington Squar 1058 Boston Hill Rd $579.58 $679.00 $99.42 10-45076-030-01 Lexington Squar 3921 Boston Cir $579.58 $679.00 $99.42 10-45076-030-02 Lexington Squar 1054 Boston Hill Rd $579.58 $679.00 $99.42 10-45076-040-01 Lexington Squar 3922 Boston Cir $579,58 $679.00 $99.42 10-45076-040-02 Lexington Squar 1050 Boston Hill Rd $579.58 $679.00 $99.42 10-45076-050-01 Lexington Squar 3926 Boston Cir $579.58 $679.00 $99.42 10-45076-050-02 Lexington Squar 1046 Boston Hill Rd $579.58 $679.00 $99.42 10-45076-060-01 Lexington Squar 3930 Boston Cir $579.58 $679.00 $99.42 10-45076-060-02 Lexington Squar 1042 Boston Hill Rd $579.58 $679.00 $99.42 10-45076-070-01 Lexington Squar 3934 Boston Cir $579.58 $679.00 $99.42 10-45076-070-02 Lexington Squar 1038 Boston Hill Rd $579.58 $679.00 $99.42 10-45076-080-01 Lexington Squar 3927 Boston Ct $579.58 $679.00 $99.42 10-45076-080-02 Lexington Squar 1034 Boston Hill Rd $579,58 $679.00 $99.42 10-45076-090-01 Lexington Squar 3923 Boston Ct $579.58 $67900 $99.42 10-45076-090-02 Lexington Squar 1030 Boston Hill Rd $579.58 $679.00 $99.42 10-45076-100-01 Lexington Squar 3919 Boston Ct $579.58 $679.00 $99.42 10-45076-100-02 Lexington Squar 1026 Boston Hill Rd $579.58 $679.00 $9942 10-45076-110-01 Lexington Squar 3920 Boston Ct $579.58 $679.00 $99.42 10-45076-110-02 Lexington Squar 1022 Boston Hill Rd $579.58 $679.00 $99.42 10-45076-120-01 Lexington Squar 3924 Boston Ct $579.58 $679.00 $99.42 10-45076-120-02 Lexington Squar 1018 Boston Hill Rd $579.58 $679.00 $99.42 10-45076-130-01 Lexington Squar 1023 Boston Hill Rd $579.58 $679.00 $99.42 Wednesday, October 31, 2007 139 Page 7 q f 1.5 Combined .Assessment Roll Project Number 10P949 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10-45076-130-02 Lexington Squar 1014 Boston Hill Rd $579.58 $679.00 $99.42 10-45076-140-01 Lexington Squar 1019 Boston Hill Rd $579.58 $679.00 $99.42 10-45076-140-02 Lexington Squar 1010 Boston Hill Rd $579.58 $679,00 $99.42 10-45076-150-01 Lexington Squar 1015 Boston Hill Rd $579.58 $679.00 $99.42 10-45076-150-02 Lexington Squar 1006 Boston Hill Rd $579.58 $679.00 $99.42 10-45076-160-01 Lexington Squar 1011 Boston Hill Rd $579.58 $679.00 $99.42 10-45076-170-01 Lexington Squar 1007 Boston Hill Rd $579.58 $679.00 $99.42 10-45077-010-01 Lexington Squar 1058 Savannah Rd $579.58 $679.00 $99.42 10-45077-010-02 Lexington Squar 3870 Gibraltar Tr $579.58 $679.00 $99.42 10-45077-010-03 Lexington Squar 3874 Danbury Tr $579.58 $679.00 $99.42 10-45077-010-04 Lexington Squar 3880 Danbury Tr $579.58 $679.00 $99.42 10-45077-020-01 Lexington Squar 1054 Savannah Rd $579.58 $679.00 $99A2 10-45077-020-02 Lexington Squar 1059 Savannah Rd $579.58 $679.00 $99.42 10-45077-020-03 Lexington Squar 1007 Savannah Rd $579.58 $679.00 $99,42 10-45077-020-04 Lexington Squar 3883 Newtown Ct $579.58 $679.00 $9942 10-45077-030-01 Lexington Squar 1050 Savannah Rd $579.58 $679.00 $99.42 10-45077-030-02 Lexington Squar 1055 Savannah Rd $579.58 $679.00 $99.42 10-45077-030-03 Lexington Squar 1003 Savannah Rd $579.58 $679.00 $99.42 10-45077-030-04 Lexington Squar 3887 Newtown Ct $579.58 $679.00 $99.42 10-45077-040-01 Lexington Squar 1046 Savannah Rd $579,58 $679.00 $9942 10-45077-040-02 Lexington Squar 1051 Savannah Rd $579.58 $679.00 $9942 10-45077-040-03 Lexington Squar 999 Savannah Rd $579.58 $679.00 $99.42 10-45077-040-04 Lexington Squar 3891 Newtown Ct $579.58 $679.00 $99.42 10-45077-050-01 Lexington Squar 1042 Savannah Rd $579.58 $679.00 $99.42 10-45077-050-02 Lexington Squar 1047 Savannah Rd $579.58 $679.00 $99.42 T t7ednesda.Y, October .31, 2007 13 Page 8 of 131 15 Combined' Assessment Roll Project Number 1OP949 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10-45077-050-03 Lexington Squar 995 Savannah Rd $579.58 $679.00 $99.42 10-45077-050-04 Lexington Squar 3895 Newtown Ct $579.58 $679.00 $99.42 10-45077-060-01 Lexington Squar 1038 Savannah Rd $579.58 $679.00 $99.42 10-45077-060-02 Lexington Squar 1043 Savannah Rd $579.58 $679.00 $99.42 10-45077-060-03 Lexington Squar 991 Savannah Rd $579.58 $67900 $99.42 10-45077-060-04 Lexington Squar 3890 Newtown Ct $579.58 $679,00 $99.42 10-45077-070-01 Lexington Squar 1034 Savannah Rd $579.58 $679.00 $99A2 10-45077-070-02 Lexington Squar 1039 Savannah Rd $579.58 $679.00 $99.42 10-45077-070-03 Lexington Squar 987 Savannah Rd $579.58 $679.00 $99.42 10-45077-070-04 Lexington Squar 3886 Newtown Ct $579.58 $679.00 $99.42 10-45077-080-01 Lexington Squar 1030 Savannah Rd $579.58 $679.00 $99.42 10-45077-080-02 Lexington Squar 1035 Savannah Rd $579.58 $679.00 $99.42 10-45077-080-04 Lexington Squar 3882 Newtown Ct $579.58 $679.00 $99.42 10-45077-090-01 Lexington Squar 1026 Savannah Rd $579.58 $67900 $99.42 10-45077-090-02 Lexington Squar 1031 Savannah Rd $579.58 $67900 $99.42 10-45077-090-04 Lexington Squar 3878 Newtown Ct $579.58 $679.00 $99.42 10-45077-100-02 Lexington Squar 1027 Savannah Rd $579.58 $679.00 $99.42 1 0-45077-1 00-04 Lexington Squar 3874 Newtown Ct $579.58 $679.00 $99.42 10-45077-110-02 Lexington Squar 1023 Savannah Rd $579.58 $679.00 $99.42 10-45077-110-04 Lexington Squar 988 Savannah Rd $579.58 $679.00 $99.42 10-45077-120-02 Lexington Squar 1019 Savannah Rd $579.58 $679.00 $99.42 10-45077-120-04 Lexington Squar 984 Savannah Rd $579.58 $679.00 $99.42 10-45077-130-02 Lexington Squar 3869 Danbury Tr $579.58 $679.00 $99.42 10-45077-140-02 Lexington Squar 1024 Kettle Creek $579.58 $679.00 $99.42 10-45078-010-01 Lexington Squar 983 Savannah Rd $579.58 $679.00 $99.42 Wednesday, October .31, 2007 Page 9 of 15 Lin Combined Assessment Roll Project Number 10P949 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10-45078-010-02 Lexington Squar 951 Savannah Rd $579.58 $679.00 $99.42 10-45078-010-03 Lexington Squar 980 Savannah Rd $579.58 $679.00 $99.42 10-45078-010-04 Lexington Squar 974 Ticonderoga T $579.58 $679.00 $99.42 10-45078-010-05 Lexington Squar 1000 Boston Hill Rd $579.58 $679.00 $99.42 10-45078-020-01 Lexington Squar 979 Savannah Rd $579.58 $679.00 $99.42 10-45078-020-02 Lexington Squar 947 Savannah Rd $579.58 $679.00 $99.42 10-45078-020-03 Lexington Squar 976 Savannah Rd $579.58 $679.00 $99.42 10-45078-020-04 Lexington Squar 970 Ticonderoga T $579.58 $67900 $99.42 10-45078-020-05 Lexington Squar 990 Boston Hill Rd $579.58 $679.00 $99.42 10-45078-030-01 Lexington Squar 975 Savannah Rd $579.58 $679.00 $99.42 10-45078-030-02 Lexington Squar 943 Savannah Rd $579.58 $679.00 $99.42 10-45078-030-03 Lexington Squar 972 Savannah Rd $579.58 $679.00 $99.42 10-45078-030-04 Lexington Squar 966 Ticonderoga T $579.58 $679.00 $99.42 10-45078-040-01 Lexington Squar 971 Savannah Rd $579.58 $679.00 $99.42 10-45078-040-02 Lexington Squar 939 Savannah Rd $579.58 $679.00 $99.42 10-45078-040-03 Lexington Squar 968 Savannah Rd $579.58 $679.00 $99.42 10-45078-040-04 Lexington Squar 962 Ticonderoga T $579.58 $679.00 $99.42 10-45078-050-01 Lexington Squar 967 Savannah Rd $579.58 $679.00 $99.42 10-45078-050-02 Lexington Squar 935 Savannah Rd $579.58 $679.00 $99.42 10-45078-050-03 Lexington Squar 964 Savannah Rd $579.58 $679.00 $99.42 10-45078-050-04 Lexington Squar 958 Ticonderoga T $579.58 $679.00 $99.42 10-45078-060-01 Lexington Squar 963 Savannah Rd $579.58 $679.00 $99.42 10-45078-060-03 Lexington Squar 960 Savannah Rd $579.58 $679.00 $99.42 10-45078-060-04 Lexington Squar 954 Ticonderoga T $579.58 $679.00 $99.42 10-45078-070-01 Lexington Squar 959 Savannah Rd $579.58 $679.00 $99.42 Wednesday, October 31, 2007 Page 10 of 15 Ifl Combined Assessment Roll Project Number 10P949 Proposed Pending PID Addition Nance House Nbr• Street Name Assessment Assessment Variance 10-45078-070-03 Lexington Squar 956 Savannah Rd $579.58 $679,00 $99.42 10-45078-080-03 Lexington Squar 952 Savannah Rd $579.58 $679.00 $9942 10-45078-090-03 Lexington Squar 948 Savannah Rd $579.58 $679.00 $9942 10-45078-100-03 Lexington Squar 961 Ticonderoga T $579.58 $679.00 $99.42 10-45078-110-03 Lexington Squar 965 Ticonderoga T $579.58 $67900 $99.42 1 0-4507 8-1 20-03 Lexington Squar 969 Ticonderoga T $579.58 $679.00 $99.42 10-45078-130-03 Lexington Squar 973 Ticonderoga T $579,58 $679.00 $99.42 10-45078-140-03 Lexington Squar 983 Boston Hill Rd $579.58 $679,00 $99.42 10-45078-150-03 Lexington Squar 987 Boston Hill Rd $579,58 $679.00 $99.42 10-45078-160-03 Lexington Squar 991 Boston Hill Rd $579.58 $679.00 $99.42 10-45078-170-03 Lexington Squar 995 Boston Hill Rd $579.58 $679.00 $9942 10-45078-180-03 Lexington Squar 999 Boston Hill Rd $579.58 $679.00 $99.42 10-45078-190-03 Lexington Squar 1003 Boston Hill Rd $579.58 $679.00 $99.42 10-45079-010-01 Lexington Squar 3811 Danbury Tr $579.58 $679.00 $99.42 10-45079-010-02 Lexington Squar 3830 Danbury Tr $579.58 $679.00 $99.42 10-45079-020-01 Lexington Squar 3819 Danbury Tr $579.58 $679.00 $99.42 10-45079-020-02 Lexington Squar 3838 Danbury Tr $579.58 $679.00 $99.42 10-45079-030-01 Lexington Squar 3827 Danbury Tr $579.58 $679.00 $99.42 10-45079-030-02 Lexington Squar 1009 Danbury Ct $579.58 $679.00 $99.42 10-45079-040-01 Lexington Squar 3835 Danbury Tr $579.58 $679.00 $99.42 10-45079-050-01 Lexington Squar 3843 Danbury Tr $579.58 $679.00 $99.42 10-45079-060-01 Lexington Squar 3851 Danbury Tr $579.58 $679.00 $99,42 10-45079-070-01 Lexington Squar 3859 Danbury Tr $579.58 $679,00 $99.42 10-45080-010-03 Lexington Squar 931 Savannah Rd $579.58 $679.00 $99.42 10-45080-010-04 Lexington Squar 1019 Ticonderoga T $579.58 $679.00 $99.42 ff1'ednesday, October 31, 2007 Page 11 of 1.5 I ?a Combined Assessment Roll Project Number 10P949 Proposed Pending PID Addition Name House Nbr Street Nance Assessment Assessment Variance 10-45080-020-03 Lexington Squar 927 Savannah Rd $579.58 $679,00 $99.42 10-45080-020-04 Lexington Squar 1017 Ticonderoga T $579,58 $679,00 $99.42 10-45080-030-03 Lexington Squar 923 Savannah Rd $579.58 $679.00 $99,42 10-45080-030-04 Lexington Squar 1015 Ticonderoga T $579.58 $679.00 $99.42 10-45080-040-04 Lexington Squar 1013 Ticonderoga T $579.58 $679.00 $99.42 10-45080-050-04 Lexington Squar 1009 Ticonderoga T $579.58 $679.00 $99.42 10-45080-060-04 Lexington Squar 1005 Ticonderoga T $579.58 $679.00 $9942 10-45080-070-04 Lexington Squar 1001 Ticonderoga T $579.58 $679,00 $99.42 10-45080-080-04 Lexington Squar 997 Ticonderoga T $579,58 $679.00 $99.42 10-45080-090-04 Lexington Squar 993 Ticonderoga T $579.58 $67900 $99.42 10-45080-100-04 Lexington Squar 989 Ticonderoga T $579.58 $679.00 $99.42 10-45080-110-04 Lexington Squar 985 Ticonderoga T $579.58 $679.00 $99.42 10-45080-120-04 Lexington Squar 981 Ticonderoga T $579.58 $679.00 $99.42 10-45080-130-04 Lexington Squar 977 Ticonderoga T $579.58 $679.00 $99,42 10-45080-200-02 Lexington Squar 978 Ticonderoga T $579.58 $679.00 $99.42 10-45080-210-02 Lexington Squar 982 Ticonderoga T $579.58 $679.00 $99.42 10-45080-220-02 Lexington Squar 986 Ticonderoga T $579.58 $679.00 $99.42 10-45080-230-02 Lexington Squar 990 Ticonderoga T $579.58 $679.00 $99.42 10-45080-240-02 Lexington Squar 994 Ticonderoga T $579.58 $679.00 $99.42 10-45080-250-02 Lexington Squar 998 Ticonderoga T $579.58 $679.00 $99.42 10-45080-260-02 Lexington Squar 1002 Ticonderoga T $579.58 $679.00 $99.42 10-45080-270-02 Lexington Squar 1006 Ticonderoga T $579.58 $679.00 $99.42 10-45080-280-02 Lexington Squar 1008 Ticonderoga T $579.58 $679.00 $99.42 10-45080-290-02 Lexington Squar 1010 Ticonderoga T $579.58 $679.00 $99.42 10-45080-300-02 Lexington Squar 1012 Ticonderoga T $579.58 $679.00 $99.42 Wednesday, October .31, 2007 Page 12 of 15 l q3 Combined Assessment Roll Project Number 10P949 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10-45080-310-02 Lexington Squar 1014 Ticonderoga T $579.58 $679.00 $99.42 10-45080-320-02 Lexington Squar 1016 Ticonderoga T $579.58 $679.00 $99.42 10-45081-010-02 Lexington Squar 964 Kettle Creek $579.58 $679.00 $99.42 10-45081-010-03 Lexington Squar 964 Stony Point R $579.58 $679.00 $99.42 10-45081-010-04 Lexington Squar 971 Stony Point R $579.58 $679°00 $99.42 10-45081-012-01 Lexington Squar 951 Kettle Creek $579.58 $679.00 $99.42 10-45081-020-01 Lexington Squar 955 Kettle Creek $579.58 $679.00 $99.42 10-45081-020-02 Lexington Squar 968 Kettle Creek $579.58 $679.00 $9942 10-45081-020-03 Lexington Squar 968 Stony Point R $579.58 $679,00 $99.42 10-45081-020-04 Lexington Squar 975 Stony Point R $579.58 $679,00 $99.42 10-45081-030-01 Lexington Squar 959 Kettle Creek $579.58 $679.00 $99.42 10-45081-030-02 Lexington Squar 972 Kettle Creek $579.58 $679.00 $99.42 10-45081-030-03 Lexington Squar 972 Stony Point R $579.58 $679.00 $99.42 10-45081-030-04 Lexington Squar 979 Stony Point R $579..58 $679.00 $99.42 10-45081-040-01 Lexington Squar 963 Kettle Creek $579.58 $679.00 $99.42 10-45081-040-02 Lexington Squar 976 Kettle Creek $579.58 $679.00 $99.42 10-45081-040-03 Lexington Squar 976 Stony Point R $579.58 $679.00 $99.42 10-45081-040-04 Lexington Squar 983 Stony Point R $579.58 $679.00 $99.42 10-45081-050-01 Lexington Squar 967 Kettle Creek $579.58 $679.00 $99.42 10-45081-050-02 Lexington Squar 980 Kettle Creek $579.58 $679.00 $99.42 10-45081-050-03 Lexington Squar 980 Stony Point R $579.58 $679.00 $99.42 10-45081-050-04 Lexington Squar 987 Stony Point R $579.58 $679.00 $99.42 10-45081-060-01 Lexington Squar 971 Kettle Creek $579.58 $679.00 $99.42 10-45081-060-02 Lexington Squar 984 Kettle Creek $579.58 $679.00 $99.42 10-45081-060-03 Lexington Squar 984 Stony Point R $579.58 $679.00 $99.42 !d'ednesdap, October 31, 2007 Page 1.3 of 15 Combined Assessment Roll Project Number 10P949 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10-45081-060-04 Lexington Squar 991 Stony Point R $579.58 $679.00 $99.42 10-45081-070-01 Lexington Squar 966 Stanwix Rd $579.58 $679.00 $99.42 10-45081-070-02 Lexington Squar 988 Kettle Creek $579.58 $679.00 $99.42 10-45081-070-03 Lexington Squar 988 Stony Point R $579.58 $679.00 $99.42 10-45081-070-04 Lexington Squar 995 Stony Point R $579.58 $679.00 $99.42 10-45081-080-02 Lexington Squar 992 Kettle Creek $579.58 $679.00 $99.42 10-45081-080-03 Lexington Squar 992 Stony Point R $579.58 $679.00 $99.42 10-45081-080-04 Lexington Squar 999 Stony Point R $579.58 $679.00 $99.42 10-45081-090-02 Lexington Squar 996 Kettle Creek $579.58 $679.00 $99.42 10-45081-090-03 Lexington Squar 996 Stony Point R $579.58 $679.00 $99.42 10-45081-090-04 Lexington Squar 1003 Stony Point R $579.58 $679.00 $99.42 10-45081-100-02 Lexington Squar 1000 Kettle Creek $579.58 $679.00 $99.42 10-45081-100-03 Lexington Squar 1005 Danbury Ct $579.58 $679,00 $99.42 10-45081-110-02 Lexington Squar 1004 Kettle Creek $579.58 $679.00 $99.42 10-45081-110-03 Lexington Squar 1001 Danbury Ct $579.58 $679.00 $99.42 10-45081-120-02 Lexington Squar 1008 Kettle Creek $579.58 $679.00 $99.42 10-45081-120-03 Lexington Squar 997 Danbury Ct $579.58 $679.00 $9942 10-45081-130-02 Lexington Squar 1012 Kettle Creek $579.58 $679.00 $99.42 10-45081-130-03 Lexington Squar 994 Danbury Ct $579.58 $679.00 $99.42 10-45081-140-03 Lexington Squar 998 Danbury Ct $579.58 $679.00 $99.42 10-45081-150-03 Lexington Squar 1002 Danbury Ct $579.58 $679.00 $99.42 10-45081-160-03 Lexington Squar 1006 Danbury Ct $579.58 $679.00 $9942 10-45081-170-03 Lexington Squar 1010 Danbury Ct $579.58 $679,00 $99.42 10-45081-180-03 Lexington Squar 3858 Danbury Tr $579.58 $679.00 $99.42 10-45081-190-03 Lexington Squar 1007 Kettle Creek $579.58 $679.00 $99.42 Wednesday, October 31, 2007 Page 14 of 15 i ?s Combined Assessment Roll Project Number 10P949 Proposed Pending PID Addition Name House Nbr Street Name Assessment Assessment Variance 10-45081-200-03 Lexington Squar 1003 Kettle Creek $579.58 $679,00 $99.42 10-45081-210-03 Lexington Squar 999 Kettle Creek $579.58 $679,00 $99.42 10-45081-220-03 Lexington Squar 995 Kettle Creek $579,58 $679.00 $99.42 10-45081-230-03 Lexington Squar 991 Kettle Creek $579.58 $679.00 $99.42 10-45081-240-03 Lexington Squar 987 Kettle Creek $579,58 $679.00 $99.42 10-45081-250-03 Lexington Squar 983 Kettle Creek $579.58 $679.00 $99.42 10-45081-260-03 Lexington Squar 979 Kettle Creek $579.58 $679.00 $99.42 10-45081-270-03 Lexington Squar 965 Stanwix Rd $579.58 $679.00 $99.42 10-45081-280-03 Lexington Squar 961 Stanwix Rd $579.58 $679.00 $99.42 10-45081-290-03 Lexington Squar 957 Stanwix Rd $579.58 $679.00 $99.42 10-45081-300-03 Lexington Squar 953 Stanwix Rd $579.58 $679.00 $99.42 Nbr' = 10P949 (360 de Summary for 'SA tail records) _ 80 648 $208 $244,440.00 $35,791.20 Sum . , ffWednesday, October 31, 2007 Page 15 of 15 lq Agenda Information Memo November 5, 2007, Eagan City Council Meeting VI. OLD BUSINESS A. PRELIMINARY SUBDIVISION (DG WELDING FIRST ADDITION) - DG ENTERPRISES ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial) a Preliminary Subdivision to create two lots upon approximately 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachmans Eagan Addition in the SE I/4 of Section 8, subject to the conditions in the APC minutes and an additional staff recommended condition (#10). REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? The DG Enterprises property (3265 Sun Drive) was platted in 1997 as Tan Me First Addition. The building was constructed in 1997. A CUP for outside storage also was issued in 1997. ? The Bachman's Eagan Addition property was developed in 1968. It was first platted as part of Sibley Terminal Industrial Park in 1964, and replatted as Bachman's Eagan Addition to consolidate three parcels into one lot in 2005. ? DG Enterprises is acquiring approximately 2.2 acres of the westerly portion of the adjacent Bachman's Eagan Addition. The subdivision is necessary to allow the land transfer. ? Existing easements (35' wide trunk sanitary sewer easement, 60' wide ingress/egress easement, and 20' wide utility easement) will be maintained with the proposed subdivision and plat. ? There is no new development proposed at this time, however, the applicant is acquiring this additional land for possible future expansion. ? Future development will be constrained by the previously referenced easements, subject to the City's Tree Preservation Ordinance, and should provide for water quality and quantity controls in compliance with City standards at that time. ? The site is subject to cash park dedications for future development. ? The site is subject to cash trail dedication for 6.46 acres (existing L1, BI Bachman's Eagan Addition) at the time of final plat. ? The Advisory Planning Commission held a Public Hearing on September 25, 2007 and is recommending approval. 147 Agenda Information Memo November 5, 2007, Eagan City Council Meeting DG Welding First Addition (continued) ISSUES: ? Just prior to the Council's consideration of this application on Oct. 16, it was learned that the currently used 60' access easement adjacent to the DG Welding operations (and through the middle of the proposed new subdivision) does not convey access rights to a City owned Parcel (10-00800-011-50). Further investigations have revealed that the City does not have access rights over the other currently used access through the Valley Acres Addition near Yankee Doodle Rd. rendering this City parcel as essentially land locked. ? With that discovery, an additional condition to dedicate and convey an access easement was presented to the Council for consideration of inclusion in its Subdivision approval for this plat. The applicant and property owner objected to the proposed additional condition and further stated his preference to have the existing private access easement rights removed in their entirety. The Council continued the item to the November 5 Council meeting to allow the property owner and staff time to review possible options. ? The City Attorney's office has reviewed; 1) the current land locked status of the City parcel, 2) the rights conveyed by the current access easement, and 3) the Code requirement for subdivision approval. Section 13.20, subd. 9 (Land Locked Parcels) states: "...the City shall not permit land locked parcels or parcels that are only served by private easements." This Code requirement applies to the proposed DG Welding First Addition, since its access would be provided only by a private cross easement along Sun Drive within the original Tan Me Industrial Park plat. ? There are several options available to address these issues: In order for the City's land locked parcel to obtain access to Terminal Dr., the City would have to acquire cross easement rights along the alignment of the current private access easement through the Tan Me development and DG Welding First Addition. This can be done by: a) The City assuming partial rights to the current private access easement by acquiring ownership interests in the Valley Acres property currently served by this private easement, or b) Through the Subdivision Ordinance, require the DG Welding First Addition to dedicate a public easement within their proposed plat and acquire a public easement beyond their plat all the way to Terminal Dr. The developer has the option to petition the city to acquire this additional public easement as a public improvement project and assess all benefiting property owners (primarily the City owned parcel). A public easement will create setback issues that will need to be addressed. c) The developer obtaining and conveying a private access easement over all properties out to Terminal Dr. to the interests of the City parcel. 14P Agenda Information Memo November 5, 2007, Eagan City Council Meeting DG Welding First Addition (continued) ISSUES: ? Any of these options will require a new condition (#10) be added to the approval of the proposed subdivision. Based on the results of this additional research, it is recommended that the previous suggested additional condition be revised as follows and presented to the Council for consideration of approval: 10) The Property Owner shall acquire, dedicate and/or convey a 60' public access easement from Parcel .10-00800-011-50 to Terminal Dr. over the same alignment as the existing private access easement described in the Quit Claim Deed recorded as Document #81528. ? The property owner was out of the country and unable to meet with staff prior to the time of this report preparation. If a meeting happens before the Nov. 5 Council meeting, a verbal update will be provided. 120-DAY AGENCY ACTION DEADLINE: Deadline expires December 26, 2007 ATTACHMENTS (3): Draft APC minutes op pages Staff report on pages through 3 Section map with easement alignment, page Lp. Iy 7 September 25, 2007 APC Minutes Page 4 of 6 C. DG Welding First Addition Applicant Name:DG Enterprises Location:3265 Sun Drive & 3245 Terminal Drive; Lot 1, Block 1, Tan Me Industrial Park & Lot 1, Block 1, Bachmans Eagan Addition Application: Preliminary Subdivision A Preliminary Subdivision of approximately 8.4 acres to create 2 lots. File Number: 08-PS-09-08-07 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated September 19, 2007. She noted the background and history. The applicant was present and available for questions. Chair Keeley opened the public hearing. There being no public comment, Chair Keeley closed the public hearing and turned the discussion back to the Commission. Member Feller moved, Member Heaney seconded a motion to recommend approval of a Preliminary Subdivision to create two lots upon 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive in the SE 1/4 of Section 8, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachman's Eagan Addition, subject to the following conditions: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, B1 2. The property shall be platted. 3. Future development of the this subdivision (i.e. parking lot expansion) shall provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development. 4. Any future development of Lot 1 (i.e. parking/ storage expansion) shall construct and maintain a 30-foot wide clear, paved access road within this easement, from Sun Drive to the City property. 5. Storage shall not be allowed within the ingress/egress easement area on Lot 1. 6. If a fence is installed with future development, 30-foot wide gates, with City accessibility, shall be provided on both ends of the ingress/ egress easement within the fence, 7. Future development of this subdivision (i.e. parking/storage lot or building expansion) shall comply with tree preservation and mitigation requirements in accordance with the City's Tree Preservation Ordinance in effect at the time of development. 8. This development is subject to cash park dedication. Lot 1 shall be subject to additional cash park dedication with any future expansion of the building. Lot 2 shall be subject to a cash park dedication for any future building expansion or reconstruction. Park dedication shall be payable at the time of building permit at the rates then in effect. 9. This development is responsible for a cash trail dedication for 6.46 acres, payable at the time of final plat at the rates then in effect. A vote was taken. All voted in favor, Motion carried: 5-0. /SD PLANNING REPORT CITY OF EAGAN REPORT DATE: September 19, 2007 APPLICANT: DG Welding CASE: 08-PS-09-08-07 HEARING DATE: September 25, 2007 PROPERTY OWNER: DG Enterprises APPLICATION DATE: August 15, 2007 REQUEST: Preliminary Subdivision PREPARED BY: Pamela Dudziak LOCATION: 3265 Sun Drive and 3245 Terminal Drive COMPREHENSIVE PLAN: IND, Limited Industrial ZONING: I-1, Limited Industrial SUMMARY OF REQUEST The applicant is requesting approval of a Preliminary Subdivision to create two lots upon 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive in the SE '/, of Section 8, legally described as Lot 1, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachmans Eagan Addition. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B, That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C- That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. ?l Planning Report -- DG Enterprises September 25, 2007 Page 2 D That the site physically is suitable for the proposed density of development E- That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F That the design of the subdivision or the type of improvements is not likely to cause health problems. G- That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. I That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access) I- That the design ofpublic improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The DG Enterprises property (3265 Star Drive) was platted in 1997 as Tan Me First Addition The building was constructed in 1997- A CUP for outside storage also was issued in 1997 The Bachman's First Addition property was developed in 1968 The property was platted as pat of Sibley Terminal Industrial Park in 1964, and was ieplatted as Bachman's Eagan Addition to consolidate three parcels into one lot in 2005 There are two existing buildings and one large cement slab (previous location of Bachman's greenhouses) on site /5;z Planning Report - DG Enterprises September 25, 2007 Page 3 DG Enterprises is acquiring the westerly approximately 2.2 acres of the adjacent Bachman's First Addition. While no new development is proposed at this time, the applicant is acquiring this additional land for possible future expansion The subdivision is necessary to allow the land transfer. EXISTING CONDITIONS Both parcels contain existing buildings The Bachman's First Addition site generally slopes toward the west and the western portion of the site is heavily wooded Access is provided to Bachman's First Addition via Terminal Drive and to the DG Enterprises site via a private street, Sun Drive SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use _ Zoning Land Use Designation North Industrial (Safety Kleen/ Stationers) United I-1, Limited Industrial IND, Limited Industrial South _ Warehouse/storage, - manufacturing I-1, Limited Industrial ?. T ND, Limited Industrial _....__ __. East Warehouse/storage, Manufacturing I-1, Limited Industrial _ IND, Limited Industrial West City of Eagan PF, Public Facilities QP, Quasi-public EVALUATION OF REQUEST ProLosal - DG Enterprises currently owns Lot 1, Block 1, Tan Me Addition and proposes to acquire approx- 2.2 acres of Lot 1, Block 1, Bachman's Eagan Addition in anticipation of future expansion needs. The subdivision is necessary to accomplish the transfer of land and establish a new property line between the two properties. The proposed DG Welding First Addition subdivision results in proposed Lot I containing the existing DG Welding facility and proposed Lot 2 consists of the remaining Bachman's property. The applicant should note that future expansion of outside storage on Lot 1, or the establishment of outside storage on Lot 2, will require a Conditional Use Permit. rea - There is no new development proposed at this time, and A Compatibility/ with Surrounding- no new lots created as part of the proposed subdivision. Airport Noise Considerations - The City of Eagan considers airport noise as a factor in its Comprehensive Land Use Guide Plan Aviation is considered a regional system and is included in 153 Planning Report - DG Enterprises September 25, 2007 Page 4 the Metropolitan Council's 2030 regional Transportation Policy Plan. As part of this plan, the 1996 Aviation Policy Plan remains in effect and will continue to anticipate the impacts from the operations of the MSP International airport at its current location As an appendix to its 2030 Transportation Policy Plan, the Metropolitan Council has adopted new land use compatibility guidelines which incorporate the FAR Part 150 2007 noise contours and noise exposure map for MSP International Airport. A ref nement of these guidelines maybe found in the March 2006 Metropolitan Council's Builder's Guide, including additional land use compatibility and noise attenuation within the applied Noise Buffer Zone. The subject site is within the applied Noise Buffer Zone. Industrial uses are considered compatible within the Buffer Zone. Lots The proposed lot areas are Lot 1 = 4 14 acres and Lot 2 = 4.26 acres. Setbacks - I-1, Limited Industrial setbacks apply to both lots. Minimum required building setbacks are: front = 40 feet, side = 20 feet and rear = 20 feet. Required parking/pavement setbacks are 20 feet from a public right-of-way, and 5 feet from other lot lines City Code currently requires a 50' parking/pavement setback in the I-I zoning district when "directly adjacent to properties guided for parks or public facilities " The existing DG Welding facility is adjacent to property zoned PF, Public Facilities A CUP was approved for outside storage on that site in 1997, and the 15' setback of the outside storage area from the PF property does comply with the approved site plan for the 1997 CUP. Also, the adjacent property is utilized by the City's Public Works Department as a stockpile area for earthen and excavated materials. Further expansion of the outside storage will be subject to a new CUP and setback requirements in effect at that time. Sit.- Because there is no new development proposed at this time, a proposed site plan was not submitted- The Existing Conditions Plan shows the existing site layout. Green Space - The acquisition of an additional 2 2 acres of undeveloped land will increase the green space on proposed Lot I (the DG Welding site). The corresponding reduction in green space for proposed I-ot 2 (Bachman's) still results in a green space ratio exceeding the minimum required 25% for I-1 zoned property. Grading/ To )o ra h -- The site is heavily wooded in the northern portion of proposed Lot 1, and the overall site generally slopes to north and west. Utilities - The existing buildings are connected to City sanitary sewer and water main service, and no additional service extensions are necessary with the proposed subdivision. An existing Metropolitan Council - Environmental Services sanitary sewer trunk line runs through the southwestern portion of proposed Lot 2 and the northeast portion of proposed Lot I Storm Drainage/Water Quali -- A City storm sewer trunk line extends south to north through proposed Lot I Current drainage of proposed Lot I utilizes this storm sewer, while the drainage G5'? Planning Report DG Enterprises September 25, 2007 Page 5 on proposed Lot 2 flows overland to the west. Future development of this subdivision (i.e. parking lot expansion) should provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development Access - Lot 1 currently has driveway access to a private street (Sun Drive), while Lot 2 has access onto a public street (Terminal Drive)- No additional accesses are proposed with this subdivision. The City holds an ingress/ egress easement across Lot 1, utilized mainly by City Maintenance crews, to access the City's property to the west (Parcel 011-50) Any future development of Lot I (i.e. parking/ storage expansion) should Construct and maintain a 30-foot wide clear, paved access drive within this easement, from Sun Drive to the City property. Storage should not be allowed within the easement area. If a fence is installed with future development, 30-foot wide gates, with City accessibility, should be provided on both ends of the ingress/ egress easement. Easements/Rights of Way/ Permits - A 35' wide easement for trunk sanitary sewer extends through the southwestern portion of Lot 2 and the northeast portion of Lot 1. A 60' wide ingress egress easement and a 20'wide utility line easement extend across the northern boundary of the existing DG Enterprises site. These easements will be maintained with the proposed subdivision and plat. Tree Preservation - The initial plans submitted provided a tree inventory based on individual trees. The City Forester suggested that the site be reinventoried using the "significant woodland" classification. Although the applicant did not prepare a revised tree inventory, staff's analysis of recent aerial photography estimates approximately 50,000 sq. ft. (1-15 acres) of significant woodlands on site, comprised mostly of softwood deciduous trees such as elm and cottonwood trees, Expansion and further development of the site will be subject to the City's Tree Preservation Ordinance. Because the applicant is not proposing any new development at this time, the submitted application does not indicate what portion of the existing woodlands will be removed with future development. Given the amount of significant woodlands currently on site, future expansion and development likely will require tree mitigation. The City's Tree Preservation Ordinance currently allows 30% removal for single-phase single-lot commercial/industrial development. Future development of this subdivision (i.e. parking/storage lot or building expansion) should comply with tree preservation and mitigation requirements in the City's Tree Preservation Ordinance in effect at the time of development. A revised tree/woodland inventory and tree preservation plan will need to be submitted prior to any future development or expansion. Parks and Recreation - Park and trail dedications were satisfied for Lot 1, Block 1 Tan Me First Addition in 1997 with the construction of the DG Welding facility. It appears that park and trail dedications have not been paid (or land dedicated) for the existing Lot 1, Block 1, Baclunan's 155- Planning Report - DG Enterprises September 25, 2007 Page 6 Eagan Addition, which was initially platted as Sibley Terminal Industrial Park in 1964, developed in 1968, and replatted to consolidate several parcels into one lot in 2005 Prior to this year, commercial/industrial park dedication rates were based on the net acreage of a site. In 2007, the City's commercial/industrial park dedication rates were modified to be based on the size of the building. As such, Lots I and 2 should be subject to additional cash park dedication with any future building expansion. For both lots, park dedication will be payable at the time of building permit at the rates then in effect. A cash trail dedication was paid on the Lot 1, Block 1, Tan Me First Addition parcel in 1997. Trail dedication has not been fulfilled for the existing 6.46-acre Bachman's Eagan Addition parcel Therefore, a cash trail dedication on the 6.46 acres is due at this time, payable at the time of final plat The 2007 rate for trail dedication is $1,251 .00 per net acre. SUMMARY/CONCLUSION The applicant is requesting approval of a Preliminary Subdivision to create two lots upon 8.4 acres located north of Sun Drive and west of Terminal Drive in the SE 1/1 of Section 8. There is no new development proposed at this time, however, future expansion of the DG Welding facility is anticipated. Existing easements should be maintained with the proposed new plat. Future development will be subject to the City's Tree Preservation Ordinance, and should provide for water quality and quantity controls in compliance with City standards at that time The site is subject to cash park dedications for future development, and cash trail dedication for 6 46 acres (existing Ll, BI Bachman's Eagan Addition). ACTION TO BE CONSIDERLD To recommend approval of a Preliminary Subdivision to create two lots upon 8.4 acres located at 3265 Sun Drive and 3245 Terminal Drive in the SE'/., of'Section 8, legally described as Lot I, Block 1, Tan Me Industrial Park First Addition and Lot 1, Block 1, Bachman's Eagan Addition If approved, the following conditions should apply. 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: Al, BI 2.. The property shall be platted. 3. Future development of the this subdivision (i e parking lot expansion) shall provide water quality and quantity control measures, in accordance with City Water Quality and Engineering standards in effect at the time of development. 4 Any future development of Lot I (i.e. parking/ storage expansion) shall construct and maintain a 30-foot wide clear, paved access road within this easement, from Suit Drive to the City property. I a(-,o Planning; Report- DG Enteiprises September 25, 2007 Pace 7 5 Storage shall not be allowed within the ingress/egress easement area on Lot 1. 6. If a fence is installed with future development, 30-foot wide gates, with City accessibility, shall be provided on both ends of the ingress/ egress easement within the fence. 7. Future development of this subdivision (i e. parking/storage lot or building expansion) shall comply with tree preservation and mitigation requirements in accordance with the City's Tice Preservation Ordinance in effect at the time of development This development is subject to cash park dedication. Lot I shall be subject to additional cash park dedication with any future expansion of the building. Lot 2 shall be subject to a cash park dedication for any future building expansion or reconstruction- Park dedication shall be payable at the time of building permit at the rates then in effect. 9. This development is responsible for a cash trail dedication for 6.46 acres, payable at the time of final plat at the rates then in effect. STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-p :Way This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. 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. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval.. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. l? 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public improvements if any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits F. 1. This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. Parks and Trails Dedication This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. H. Water Quality Dedication This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. Other 1. All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: Auqust 25, 1987________ LTS#5 STAN DARD.CON City Council September 1 5, 1987 Revised: July 10, 1990 Revised: February 2, 1993 _ l Ste( '-- Eagan Boundary Right-of-way ©4 z, Parcel Area ?? ? p [I tf tI f Ma v% Park Area @saBt ?? Building Foolprlnt tom. del G Q I ?q A a Q 1 ?, ` eX 0 Subject Site ?\ 2 41 l? eO ?Q L d j T- 1000 0 1000 2000 Feet Development/Developer. DG Welding Application: Preliminary Subdivision Case Mo.: 08-PS-09-08-07 0 V 0 City of Eap r _ r 'THIS MAP 15 INTENDED FOR REFERENCE USE ONLY ???111III County do not guarantee the accuracy of this Information and are Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map P Current Zoning: 1-1 Limted Industrial / PD q00 0 000 1200 Feat DG Welding First Addition Preliminary Subdivision 08-PS-09-08-07 }f?? Location PF I-I 1.1 Comprehensive Guide Plan I N Land d ?9?Je AVd Use Map - P IND c m.... ?. Location HD P P MD Current Land Use Designation: 114D IND L0 ?P 7 ND I Limted Industrial LD IND L0 IND S _. ti DIS O1S q0o 0 000 7700 Ieet / t City of Eap paraal boon map Information provldad by DokotA County land Ourvoy Coportmont Docmbar 2005. Zonlnf Intormotlon mnlntainod by City 51.n I THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information. N w Y e 5 is yjt+ii` hi 7 i. _ f I _Gil? ' i l? a I y3`7{ i?• Fhitl i t ! _ tYt 5?ry1 r:? , f.?. t ' ? i "f ?? ? S 41 _ I ,i? ? 2 1 ?- 7 Y ? 1 J C: n "?+ ar,?-?x =' ?'"7^.Z-? r•t K ! i;t .fs?t 1, ii 7 yyrX rc ?y ' T? ?' ,5'+C ,? Y' '/? ..j Tom, ? ? I ? , j r r kph ti i rl4 k u rl ?? tit 7 / :: m n m m l_7 C CD n.) cD l; cis ?fl: •?. / /? Q5 air ??PT- `? 9 Ja sPa sy1 / d 5P fi ?? eg# j I e m z e C) r Z m m 4? N > o ?z Ea`? 9 -?Oe 4 C z ?-c aU) 0 z 71 am o?? CS z?•r zzz ..L? b ?k6? I Any 3 afi 9[a z r, , G lob' SP I .. ? Ask / C4 f e w ~? _ " Aug ??v I ? f } ?4v f I may. ? ? +i? . L s ! .-.. _. ??d Y G) m a Z O TI (/) -I D v 0 O Z q -a ER •B?bR NG? C?4 7 " s6 ? :G ?_ , x V pp e R$$A R4tlt N ?? (:9 :? q o y? Ix Rg 899?ya sa 7 ?« R - 1 - x? dpp x n E 6 9 y G ;-UR . p ; 6Lyu 4p fig. a 5^ a7n : bg o r q rG' ? PRELIM. PLAT c4Cs V?" AF 9 m n m ti rn c) T--y ci ?-Lr- ss? Chi fi T!' iFl TAI i r Z Z F § <S7 .. (: C O ? Z L Fn / n 1wT0 i J eF' / / X '?\l \ \ Y?Q j I I 1( 1 .". fi > C7 Z 4 ° z ` h nl o rt° ?_ 'o_ ??$ "n? I (III " t•`'t r, R ?sjq DT" m p? n 4Yy:RH ! G9?tt tC ?'?9 ?S n ` III Y V)0 F•F y?`S 4 Su`'• S5Fd C` (? ` v i?ri ?f y} .^_. r ?iP i Ao ?rgO „q " O p 4 ?L Fut' Rig F S? so pp F?bn y ?H. 2 tl' 'p9/?SS'?? L ?q g ` Cl p §a tqi ?tu p Soy TAG ?f G rv /,i1, CXISTIN CONDITIONS WUDING 2 es PAM. via 3265 Sun Drive Eagan, MN 55121 651-688-2358 Fax 651-688-2466 The proposed subdivision, DG WELDING FIRST ADDITION, comprises of a lot line adjustment between Lot 1, Block 1, BACFDAANS EAGAN ADDITION and Lot 1, Block 1, TAN ME INDUSTRIAL PARK. Approximately 2.2 acres will be divided from the BACHMANS EAGAN ADDITION property and added to the TAN ME INDUSTRIAL PARK property. No development of the proposed lots is planned at this time. Therefore, the preliminary site layout, preliminary grading/drainage/erosion control plans, preliminary utility and street plans, preliminary landscape plan, and tree preservation plan will be omitted from the submittal per the City of Eagan. ??Zc`? l C7 RECEIVED AUG 2 8 2B87 I it+ i 'f STEEL FABRICATORS • STAIRWAYS • RAILINGS • PROTOTYPES • CUSTOM MANUFACTURING HELIARC • WIRE FEED • PORTABLE • PRODUCTION SAWING • REPAIRS ' in z LL 0 Ur 0)a Ja d z a w O 3 3 = Ow CD a.co z? Agenda Information Memo November 5, 2007, Eagan City Council Meeting VII. NEW BUSINESS A. CONDITIONAL USE PERMIT - SDC EAGAN TOWN CENTRE, INC ACTION TO BE CONSIDERED: To approve (OR direct findings of fact for denial) a Conditional Use Permit to amend the Town Centre Pylon Sign Agreement for property located at 1276 - 1312 Town Centre Drive, legally described as Lots 1 and 2, Block 1, Town Centre 70 2" d Addition, in the NW 1/4 of Section 15, subject to the conditions listed in the APC minutes. REQUIRED VOTE FOR APPROVAL: Majority of Quorum FACTS: ? The applicant's proposal includes a CT_7P (Conditional Use Permit) for an upgrade to the existing center identification pylon sign, three additional pylon signs, two directional signs and under canopy blade tenant signs. ? The property is zoned CSC (Community Shopping Center), which allows pylon signs via a CUP. ? The Rainbow Foods grocery store was built in 1985 and the shopping center was built in 1986. Both properties received extensive interior and exterior remodeling in 2004 -2005. ? The Town Centre Pylon Sign Agreement was adopted in 1986 and limited 28 signs and specified the locations throughout Town Centre 70 and Town Centre 100. The Agreement allowed for variances from spacing between pylons, square footage and height. ? The proposed signs appear consistent with the renovation upgrades and appear to provide additional visibility for the tenants. ? The Advisory Planning Commission held a Public Hearing on October 23, 2007 and is recommending approval. ISSUES: None. 120 DAY AGENCY ACTION DEADLINE: November 16, 2007 ATTACHMENTS (2): Draft October 23, 2007 APC minutes on pages through) Staff report on pages)-D though I. October 23, 2007 APC Minutes Page 1 of 7 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA October 23, 2007 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, October 23, 2007, at 6:30 p.m., at the Eagan Municipal Center. Present were Vice Chair Chavez, Members Filipi, Feller, Dugan, and Heaney. Also present were Community Development Director Jon Hohenstein, City Planner Mike Ridley, Planner Pamela Dudziak, Planner Sarah Thomas, Assistant City Engineer John Gorder, City Attorney Bob Bauer, and Recording Secretary Camille Worley. AGENDA Member Heaney moved, Member Feller seconded a motion to adopt the Agenda. A vote was taken. All voted in favor. Motion carried 5-0. September 24, 2007, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Filipi stated Item B. Citi Cargo, should have included a condition addressing the closure of an access point. City Planner Ridley explained that Condition No. 4 addresses the access point closure through the landscaping plan. Member Filipi moved, Member Heaney seconded a motion to approve the September 24, 2007, Advisory Planning Commission meeting minutes. All voted in favor. Motion carried 5-0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS A. Clearview 4th Addition Applicant Name: Richard, Angela & Martin De Witt Location: 1850 Beecher Drive; Lot 6, Block 2, Clearwater Application: Preliminary Subdivision A preliminary Subdivision of .72 acres to create 2 single family lots. File Number: 29-PS-10-09-07 Planner Thomas introduced this item and highlighted the information presented in the City Staff report dated October 12, 2007. She noted the background and history. Vice Chair Chavez opened the public hearing. James Rougier, 1846 Beecher Drive, spoke on behalf of his parents and stated points in the October 23, 2007 APC Minutes Page 2 of 7 letter submitted by his father that included the uniqueness of the lots in the area and the concern for the noise pollution of their property. Vice Chair Chavez and Planner Thomas explained that the application is consistent with the ordinance requirements for subdivision approval and the City's action must be based on those standards. There being no further public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Heaney moved, Member Filipi seconded a motion to recommend approval of a Preliminary Subdivision (Clearview 4th Addition) to create two single family lots, on property located at 1850 Beecher Drive subject to the following conditions: 1. The property shall be platted. 2, This development shall be responsible for a cash park and trails dedication based on the rates in effect at the time of Final Subdivision. 3. A cash dedication in lieu of on-site water quality ponding should be required for this development. 4. An individual lot tree preservation plan shall be submitted at the time of building permit application for Lot 2, Block 1. A vote was taken. All voted in favor. Motion carried: 5-0. /?o q PLANNING REPORT CITY OF EAGAN REPORT DATE: October 16, 2007 APPLICANT: SDC Eagan Town Centre, Inc Care of RREEF Management Company PROPERTY OWNER: Same REQUEST: Conditional Use Permit LOCATION: 1276,1312 Town Centre Drive COMPREHENSIVE PLAN: SA, Special Area ZONING: CSC, Community Shopping Center SUMMARY OF REQUEST CASE: 15-CU-12-09-07 HEARING DATE: October 23, 2007 APPLICATION DATE: Sept. 19, 2007 PREPARED BY: Sarah Thomas The Applicant is requesting approval of a Conditional Use Permit to amend the Town Centre Pylon Sign Agreement to include an upgrade to the existing pylon sign, add three additional pylon signs, add directional signs and under canopy blade tenant signs at Town Centre located at 1276 - 1312 Town Centre Drive in the 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 pennits 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 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. 6'2D Planning Report - Town Centre Pylon Sign Agreement CUP October 23, 2007 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 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 Town Centre 70 2"6 Addition is comprised of a 58,000 sq. ft. Rainbow Foods grocery store built in 1985 and a 98,000 sq. ft. shopping center built in 1986. The properties were platted in 1985. The Town Centre Eagan Pylon Sign Agreement was initially adopted on September 11, 1986 and amended on December 18, 1992. The Agreement limited the overall number of signs to 28 and specified the approved locations via the overall Sign Plan. In doing so, the City granted variances by means of the Agreement to the sign locations. Such variances include spacing between pylon signs, square footage and height of signs. EXISTING CONDITIONS The subject site is currently two platted parcels and each parcel contains a retail building. Rainbow Foods completed a major remodel of both the building interior and exterior in 2004 and 2005. The shopping center completed a remodeling project in 2005 involving both the building exterior and facade, as well as modifications to the parking lot configuration. 171 Plarmming Report - Town Centre Pylon Sign Agreement CUP October 23, 2007 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 Retail CSC, Community SA, Special Area Shopping Center South Retail CSC, Community SA, Special Area Shopping Center East Retail CSC, Community SA, Special Area Shopping Center West Retail PD, Planned SA, Special Area Development EVALUATION OF REQUEST Compatibility with Surrounding Area - Community Shopping Center districts are intended for large scale retail commercial sales and services. The two retail uses are consistent with the surrounding commercial retail and office uses. Pylon signs are a Conditional Use. Sign Ordinance - The general sign standards of the Sign Ordinance have been allowed deviations via the Town Centre Pylon Sign Agreement. However, to provide a foundation for review, a pylon sign (a freestanding sign over 7-feet in height) requires a Conditional Use Permit and shall not be more than 27 feet above lot level and shall not exceed 125 square feet in area per side. Pylon signs are not to be located within 300 feet of each other on the same side of the street and only one Pylon or Freestanding sign is allowed per building. Also, no off-premise signs are allowed. Any new off-premise signage requires a Conditional Use Pen-nit. Applicants' Narrative - The Applicant is requesting to amend the Town Centre Pylon Sign Agreement to alter the existing Town Centre Identification pylon sign and to add additional signage then what the Sign Agreement allows. Specifically, the applicant proposes an upgrade to the existing Town Centre Identification pylon sign, add three additional pylon signs, add directional signs and under canopy blade tenant signs at the Town Centre shopping center. According to the Applicant, "Recent vacancies are cause for concern to the Owner and RREEF Management Company. Feedback from leasing agents and prospective tenants indicates that ETC (Eagan Town Centre) does not compare to surrounding retail competition such as Eagan Promenade in regard to adequate tenant signage". The proposed signage would mirror the architecture of the recent renovations of the existing buildings and provide enhancements to attract quality tenants. 17' Planning Report - Town Centre Pylon Sign Agreement CUP October 23, 2007 Page 4 Identification Pylon - The Applicant is proposing to reface the existing sign located on the Pizza Hut restaurant property. The height and square footage of the sign is proposed to remain the same as approved in the original agreement. The Eagan Town Centre identification will remain on the north and south facades and the east and west facades will add multiple tenant panel signs. Updating this center identification sign appears to be consistent with the recent site upgrades. Also, it would appear that the tenant panels would provide additional visibility for the existing businesses in the shopping center. Large Pylon. - A 13 foot, 8 inch sign is proposed at the corner of Town Centre Drive and Denmark Avenue on the northwest corner of the Rainbow grocery store parcel. The proposed sign is 120 square feet in total area which meets the Sign Ordinance requirement. This comer of the site is characterized by the side of the Rainbow grocery store building and adding signage here would appear to improve visibility and way finding. Small Pylon - Two 8-foot tall signs are proposed on the west and east sides of the property. One sign is proposed at the intersection of Town Centre Drive and the private drive that bisects the development. The second sign is proposed at. the intersection of Denmark Avenue and the private drive. Identifying signage at these two key access points appears helpful and consistent with a retail development of this scale. Directional Sign - The Applicant proposes two directional signs. Directional signs typically provide information such as "parking" or "exit". The proposed signs are technically a monument sign as the Applicant proposes tenant names on the signs. The signs are proposed to be located within the parking areas to provide direction to tenant locations. According to the Sign Ordinance, "In multi-lot developments, the design and placement of monument and directional signs shall be coordinated through an overall signage plan", therefore allowing flexibility in a large development situation. This part of the proposal appears to meet the intent of the Sign Ordinance. Under Canopy Blade Sign - The Applicant proposes individual tenant signs, 1-foot, six- inches by 5-foot under the existing canopies that overhang the storefronts. According to the Sign Ordinance, "Canopy signage is limited to the business name and/or logo, and shall not exceed 20 percent of the canopy facade, excluding corporate color raceway. No more than one canopy sign for each street frontage shall be permitted on a canopy for the business located upon the property; illumination is limited to business name and/or logo" This type of signage appears to enhance the pedestrian feel as the proposed blade signage will be perpendicular to the building and only visible to pedestrians on the walkway in front of the retail stores. 173 Planning Report - Town Centre Pylon Sign Agreement CUP October 23, 2007 Pon ; SUMMARY/CONCLUSION The applicant is requesting to amend the Town Centre Pylon Sign Agreement to alter the existing Town Centre Identification pylon sign in order to add more signage then what the Sign Agreement allows. According to the Applicant, "these enhancements will help attract quality tenants and position ETC for future competition amongst the newest centers". The proposed signs would be in character with the recent exterior renovations and provide visibility to the shopping center and grocery store. ACTION TO BE CONSIDERED To recommend approval of a Conditional Use Permit to amend the Town Centre Pylon Sign Agreement to include an upgrade to the existing pylon sign, add three additional pylon signs, add directional signs and under canopy blade tenant signs at Town Centre located at 1276 - 1312 Town Centre Drive in the NW 1/4 of Section 15. If approved the following conditions shall apply: 1. The Conditional Use Pennit shall be recorded with Dakota County within 60 days of the date of approval and proof of its recording be provided to the City. 2. All signage is subject to the Sign Plan received October 3, 2007. 3. The Applicant shall replace any landscaping which is removed to install signs. 4. All signage shall meet sign setback requirements. 5. The Applicant shall enter into a Pylon Sign Agreement for Lots 1 and 2, Town Centre 70 2" d Addition. 6. This CUP is intended and shall supersede and replace the Pylon Sign Agreement for Lots 1 and 2, Town Centre 70 2" d Addition. 17q T75- Eagan Boundary Right-of-way In Am LUmation map Parcel Area Park Area Building Footprint C O O».S?TE URNE O Y . ceN*????P ii 7n? lUN R ?/ 0 !?'1 G .. u O ? ?ff a. RD 5-1 Ej aim i 0 IL: 0 4 oy 1A COUNTY ROAD NO.2R (YANN ID ]o 00 ao OO T=0 oo'N 6"?2)T(Z) 1000 0 1000 2000 Feet Development/Developer: Town Centre Application: Conditional Use Permit Case No.: 15-CU-12-09-07 N J ? THIS MAP IS INTENDED FOR REFERENCE USE ONLY City of Caa? W E J The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. 'am ?Q D 0 4 i Current Zoning and Comprehensive Guide Plan Land Use Map Town Centre Pylon Sign Agreement Conditional Use Permit 15-CU-12-09-07 Zoning Map Current Zoning: CSC Community Shopping Center 600 0 600 1200 Feet Comprehensive Guide Plan Land Use Map Current Land Use Designation: SA Special Area 600 0 D0o 120D Font N Paroei base map information providedby Dakota County Land Survey Department Deember 20DS. ?? Zoning information maintained b1city Staff. THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E ti City of Eap The City of Eagan and Dakota County do not guarantee the accuracy of this information. S 1- g t, ? a r r:61?.. +' r i4 ? ? the I as ms 4 (tryy 1 -g I ? - I Olt, t eo tv? ?I ( .??+ _AFA 7i+ /rill ?J I "` r v t Yi? ?Am '? Z. AERIAL ' DRIVE _-__-_- _ _._--' "- ill 11111 l TTTIL. ® PYLON /-^ UPGRADED -0111111111111111 11 I SIGN m EXISTING PYLON SIGN 10,0 IQ RAINBOW p o FOODS 57,600 SF / SMALL ITTTFFII 111111111 ill ®?PYLO SIGN IILim / II IIIIIIIIIIIII1111IUI I IIIIIIIIII I r SMALL j N =DIRECTIONAL 51G PYLON / SIGN I T4 31 eI - • DIRECTIONAL SIGN A `mss- 4 RETAIL 98,100 SF 4 cJ' I T? FL AN NT5 RECEIVED OCT 0 3 2007 PROJECT NUMBER: 07-1022-01 RAL B 09-04•D7 D ARCHITECTU SITE EAGAN TOWN CENTRE DRAM BY: : DRAV? BL CHECKED BY; KA CONSORTIUM L> Le C SIGNAG E EAGAN, MN 901 North 3rd Street 612-436-4030 Al Minneapolis, MN 55401 Fax 612-692-9960 S lIE PLAN Architectural Consortium, L.L C. zuui l 7 L7 1-1 T.O. SIGN +32' ± VERIF=Y UKK10mm TENANT TENANT TENANT TENANT TENANT TENANT PREFIN, METAL ROOFING EIFS CORNICE TO MATCH BLDG. - E.T.G. LOGO INTERIOR ILLUM. ALUM. SIGN CABINET EIFS BRICK O N tJ NN THE L2 -DECORATIVE GMU BASE IJPCR,&PEP EXISTING FLON SIGN RECEIVED OCT 0 3 2007 PROJECT NUMBER: 07.1022-01 ISSUED DATE: 06-04-07 ARCHITECTUML ,((??\/A I SITE EAGAN TOWN CENTRE DRAWN BY: BL CONSORTIUM L. LLC CHECKED BY: S I G NAGS EAGAN,MN 901 North 3rd Street 612-436-4030 1\2 Minneapolis, MN 55401 Fax 612-692-9960 D E N T I F I CAT I O N SIGN Architectural Consortium, L.L.C. 2007 51ON AREA EAGAN TC1WN CENTRE W TENANT TENANT Q TENANT TENANT m z TENANT TENANT SI`1AI-/- PYLON SIGN ( ( 51GN AREA PREFIN. METAL COPING EAGAN TOWN CENTRE, EIFS CORNICE TO MATCH BLDG. TENANT TENANT 120 5F SIGNAGE AREA - BOTH 5IDE5 W TENANT TENANT O Q INTERIOR ILLUM. ALUM in ;z SIGN CABINET VJ/ kl) F TENANT TEl V 11NT PREFIN ALUM 5IDE5 TENANT TENANT DECORATIVE CMU BASE PYLON SIGN 2 3 16" ° ''-O' 9 RECEIVED OCT 0 3 20 ONSORTIUM L.L.C SITE S I G NAG E EAGAN TOWN CENTRE EAGAN,MN PROJECT HUMBER: 07-1072-01 ISSUED DATE: 01-0<-07 DRAM BY: BL CHECKED BY: KA 901 North 3rd Street 612-436-4030 A3 Minneapolis, MN 55401 Fax 612.692-9960 PYLON SIGNS Architectural C:onsornum, 200 p 7f ,? 1 Q TENANT ® TENANT :oQ A ® TENANT TENANT (N 5"11 . 1:)IREOTIONAL 516N METAL POST ---------------- ETC I TENANT \?----- ------- ----- UNDER CANOPY BLA®E 51 SIGN HANGER RODS CTEP TO EXIST. OR STRUCTURE IG 5I5N - DOUBLE VJ/ VINYL LETTERS 5116" = I?-o" ( RECEIVED OCT 0 3 2007 PROJECTNUMBER: of-m[[-m ISSUED BYTE: BL-04.07 ARCHITECTURAL SITE EAGAN TOWN CENTRE DRAWN BY: BL CHECKED BYKA CONSORTIUM L. L.C SIGNAGE EAGAN, MN A4 901 North 3rd Street 612-436-4030 Minneapolis, MN 55401 Fax 612-692-9960 Architectural Consortium, L.L.C. 2007 DIRECTIONAL/CANOE( SIGNS PREFIN. METAL PANEL 3" HIGH VINYL LETTERS BEF(DRE AkFTER t 5 ; Am.", . ? r a` it z? y 9 RECEIVED SEP 19 2007 Eagan Town Centre CT 0 37007 Eagan, Minnesota 8000 West 78th Street, Suite 450 1 RECEIVED SEP 19 2007 Edina, MN 55439 T 952 835 1800 F 952 835 1888 www.rreef.com September 19, 2007 Ms. Mary Granley CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 RE: Development Application / Project Description 1276 - 1312 Town Centre Drive Zoning - CSC (Community Shopping Center) Dear Ms. Granley, After a successful up-scale renovation in the appearance of the existing buildings at the Eagan Town Centre (ETC), SDC Eagan Town Center, Inc. (Owner) feels that a second phase is critical in continuing the success of the center. Recent vacancies are cause for concern to the Owner and RREEF Management Company (Property Manager). Feedback from our leasing agent and prospective tenants, have indicated that ETC does not compare to surrounding retail competition such as Eagan Promenade in regard to adequate tenant signage. A request for an addendum to the existing sign plan for a comprehensive signage package is proposed by the Owner and RREEF. Our proposed sign package is being requested to further reinforce the quality of architecture that now exists. The existing pylon sign along Highway 35E is worn and dated, and can barely be seen due to the overgrowth of surrounding trees. The sign is located next to Pizza Hut and RREEF will be approaching the owner in an attempt to replace several overgrown trees, which are blocking visibility to the Highway with new lower growth variety. RREEF will also be contacting MNDOT in regard to the removal of voluntary trees that are invading the pylon sign within the right of way. The existing pylon sign will receive a make-over using the same brick materials, copper colored roofing and cornice work to match ETC. The Eagan Town Centre identification will remain on the north and south facades, and the east and west facades will add multiple tenant signs. The height and SF of the pylon will remain the same as approved in the original signage agreement. A multi-tenant sign is proposed at the corner of Town Centre Drive and Denmark Avenue. This monument sign is critical in gaining exposure for the tenants from this 6 i C RECEIVED SEP 19 2007 I1 ?'?3 major intersection. This would be a similar approach in signage that Eagan Promenade has used. This exposure is critical for the success of the existing retail tenants and a major negotiation point in dealing with any new prospective tenant. Two smaller monument signs are also being proposed. The is first one is located at the main entry off of Denmark Avenue, and the second, is located at the main entry off of Town Centre Drive. There are currently no identification markers or signage for tenants on these two main thoroughfares. Both of these new monument signs are needed in helping direct customer traffic to the smaller tenant mix. Two directional signs are being proposed to help for "wayfinding" when customer traffic is approaching the center of the ETC from the east entry off of Denmark from the Walmart and Kohls parking lot from the south. These signs are in conformance with the sign code and would be a copper colored metal to match the domed metal on the towers. All signs being proposed will continue to "brand" the identity of Eagan Town Centre. The new image may be appropriate as replacements for some of the area identification for the greater ETC area that currently does not match the new architecture. To help the pedestrian shopping experience, individual tenant blade signs are being proposed under the existing canopies that overhang the storefronts. These signs would be suspended in front of the tenant's entrances and would match the architecture through the curved shape and cream colors. We believe that these enhancements will help attract quality tenants and position ETC for future competition amongst the newer centers. The investment and commitment that the Owner and RREEF have made on the initial remodel without any financial assistance from the city needs this next phase of improvements in order to thrive in today's retail market. This comprehensive sign package will ensure a better future. We would like to secure approval for this project by December 31, 2007, with a proposed start date of April 1, 2008. We anticipate that the work will be completed within 60-90 days after construction has begun. If you should have any questions, please fill free to contact me at 952.835.1800 #13. Si cerely, hn P. Boic Senior Leasing/Property Manager C iaaDatalEagan Town CenteriCorrespondentei0026CiryoJEaganUevApp09 19 07 doc )g(p sI 8000 West 78th Street, Suite 450 t RECEIVED OCT 0 3 2007 Edina, MN 55439 T 952 835 1800 F 952 835.1888 www.rreef.com October 3, 2007 Ms. Mary Granley CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 RE: Development Application / Project Description 1276 - 1312 Town Centre Drive Zoning - CSC (Community Shopping Center) Dear Mary, As per your request, I would like to speak further concerning the necessity of the 13' height of the proposed pylon signs. There are several obstacles that the existing and future tenants of the Eagan Town Center are faced with. These include lack of visibility and exposure, lack of identity and competition being given more than what they have. The lack of visibility off of Yankee Doodle Road poses the biggest problem. The overgrowth of vegetation and other businesses completely block any visibility off of this major road. The two roads that do pass by the shopping center also pose problems. Denmark Avenue runs along the East of the center, but all you see off of this road are trees and the back of the center, which has no tenant signage. Town Center Drive passes along the West of the center, but this ring road is located so far from the store fronts, that you are unable to see the tenant's signage. Due to this lack of visibility, it reduces that amount of exposure that our tenants have to the shopper or buyer. Another obstacle that we are challenged with is identity or lack there of. The center is called the Eagan Town Center, but the only exposure that we have promoting this is on the large pylon sign off of Highway 35E. Most customers refer to the center as "the center next to Rainbow Foods". Not many customers refer to it as the Eagan Town Center. The 13' 8" height and location of the proposed pylon sign at the corner of Denmark and Town Center Drive is critical. This pylon gives immediate visibility and exposure of 107 Q RECEIVED OCT 0 3 2007 smaller tenant within the shopping center. The height is required to ensure that the tenant signage is big enough to read for passing customers. This pylon also gives an immediate identity to the center. It lets customers know that this is the Eagan Town Center that they are coming into. The smaller pylon signs are only at a height of 8'. These signs are being placed at the East and West entrances. Here again, this signage is also vital for the exposure for the smaller tenant. It gives a chance for greater visibility to those tenants that would normally not get any signage along a main road. Lastly, the Landlord is concerned with the lack of tenancy at the center. The Landlord has invested heavily in the renovation of the shopping center and is looking to continue it's investment with the addition of these pylon signs. This signage as proposed is vital to the current tenants as well as giving the Landlord a marketing tool to attract new business. The height of the signs is an integral part to their success in attracting customers and new business. If you should have any questions, please fill free to contact me at 952.835.1800 #13. in rely 1 ` J hn . Boich `5enior Leasing/Property Manager C 1aaDaialE•agan Town Cenler\Correspondence10027Cny,oJZZagafDevAppiO 03 07doc l ?? CITY OF EAGAN TOWN CENTRE-EAGAN PYLON SIGN AGREEMENT This Agreement, made and entered into this 11th day of September , 1986 by and between the City of Eagan, a municipality of the State of Minnesota, hereinafter called "City" and the Owners identified herein as Federal Land Company, Eagan Tower Office Building Partnership, and Eagan Heights Commercial. Park, whose addresses are, 3460 Washington Drive, Eagan, Minnesota 55122. WHEREAS, the owner or Owners have applied to the City for approval of various pylon and/or business signs pursuant to City Code Section 4.20; and WHEREAS, such signs are needed for businesses located within retail and office buildings located in Town Centre-Eagan, which real property is legally described on Exhibit "B" attached hereto; and WHEREAS, in certain situations variances may be necessary due to the lot configurations of certain proposed commercial developments; and WHEREAS, the City desires to prevent the overabundance of commercial pylon signs affecting the visibility and aesthetics of the area; and WHEREAS, the City has requested an overall plan indicating the location of all pylon signs within Town Centre-Eagan in order to more appropriately address requests for individual pylon signs and avoid a multiplicity of hearings. NOW THEREFORE, the City and Owner or Owners agree as follows: 1. All pylon signs on business premises shall be located as indicated on Exhibit "A" attached hereto with variances to the requirements of Eagan City AGREEMENT ?q° P? 1 Code Section 4.20 only in accord with said exhibit, an original of which is on file with the City. 2. The normal public hearing process for a conditional use permit (Code Section 11.40, Subd. 4.B.) for a pylon sign (Code Section 4.20, Subd. 1.C.6.) shall not be required for any sign which has a location specifically designated on Exhibit "A" unless there is a change in the location of that such sign pylon sign from the location designated in Exhibit "A", and/complies with all other ordinance requirements. 3. All signs shall be erected in compliance with all applicable City Code provisions, except that the locations including a maximum of 28 pylon signs shown on Exhibit "A" shall be allowed. 4. The Owners shall provide written notice to buyers and tenants of the contents of this Agreement to avoid any requests for pylon signs that do not comply with this Agreement. This paragraph will not preclude an owner from petitioning the City for a variance from this Agreement. 5. The terms of this Agreement shall be legally enforceable by either party in a court of competent jurisdiction and each of the parties retains the right to assert any legal, equitable, or administrative right of action or defense which may be available by law in order to implement or enforce the terms of this Agreement. 6. If any portion, section, sub-section, sentence, clause, paragraph or phrase of this Sign Agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Agreement. (9D 2 7. This Agreement may be recorded with the Dakota County Recorder and the Owner (Owners) shall provide and execute any and all documents necessary to implement the recording of this Agreement. 8. The parties mutually recognize and agree that all terms and conditions of this recordable agreement shall run with the land herein described and shall be binding upon the heirs, successors, administrators and assigns of the Owners referenced in this Agreement. 9. The undersigned owners include all the persons, firms or corporations that hold an interest in Town Centre-Eagan (excluding tenants) and the undersigned officials are authorized to sign this Agreement and to bind the respective parties. 10. The City, by this Agreement, has granted the Owners certain variances with respect to the location of pylon signs within Town Centre-Eagan in exchange for a limitation on the number of pylon signs which can be erected in Town Centre-Eagan. Therefore, should the provision in the Eagan City Code Section 4.20 which states that "no pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street" be repealed,be changed be declared invalid, or otherwise have no further force or effect, then the Owners may petition the City according to its procedures then in effect for a variance from the terms of this agreement, and it is understood that such variance shall not be unreasonably withheld. 11. Sign designated No. 20 on attached Exhibit "A" intended to serve a future motel at the Southeast corner of Yankee Doodle Road and Town Centre Drive shall be moved easterly to comply with the required 300 foot spacing and a ground identification or directional sign shall be permitted at the southeast intersection described above. 171 ! 3 IN WITNESS WHEREOF, we have hereunto set our hands and seals. CITY OF EAGAN (Date: ) By: Its Mayor Attest: Its Clerk (Date FEDERAL LAND COMPANY Signed-Agreement Approyed as to Fo Eagan C Attor ey ?- ) By: / /'??7, 6? / 9/11/86 Date Its: By: % - Date Its EAGAN TOWER OFFICE BUILDING PARTNERSHIP By: Federal Land Company / fbmbe Its: Partner a / 9/11/86 Date Its: Partner EAGAN HEIGHTS COMMERCIAL PARK By: Federal Land-.nm ap nv._/ )Babe Its: Partner %•/9/11/86 Date Its: Partner THIS INSTRUMENT DRAFTED BY: Hauge, Eide & Keller, P. A. Attorneys for the City of Eagan 1200 Yankee Dood Road Water View Office Tower, Suite 303 Eagan, MN 551.23 (612) 456-9000 STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ') On this day of - 19 , before me a Notary Public within and for said County, personally appeared BEATTA BLOMQUIST and E. J. VanOVERBEKE to me personally known, who being each by me duly sworn, each did EAG e say that they are respectively the Mayor and Clerandk affAN, the municipality named in the foregoing instrument, said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and Clerk acknowledged said instrument to be the free act and deed of said municipality. '(S E A L) STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) da of 19_, before me a Notary Public On this ay ared to within and for-said County, personally appe me personally known to be the person described in and who executed the acknowledged that he executed the same as h free foregoing instrument and act and deed. (S E A L) STATE OF MINNESOTA) ) ss. COUNTY OF DAKOT _) On before me a Notary Public September 19 day of this 11th Y within and for said County, personally appeared Martin F. Colbeing by me eao6 to me personally known, who, duly sworn to be partnero- of *the Partnership named in the foregoing instrument, on behalf of said and that said instrument was signed and he Partnership by said Martin F. Colon acknowledged said instrument to be the free act and deed of the ership. ANNIE M. NOTARY PUWC DAKOTA COUNTY My commission expires Oct. 29, 1986 ---------- Federal Land Company, 5 *Federal Land Company, a partner of Eagan Tower Office Building Partnership, STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA -) 1986 , before me a Notary Public On this 11th day of September , within and for said County, personally appeared Martin F. Colon to me personally known, who, being by me duly sworn to be partners of *the Partnership named in the foregoing instrument, a"4-c4lat tile on behalf of said and that said instrument was signed and he Partnership by said Martin F. Colon acknowledged said instrument to be the free act and deed of the Partnership. p°' ANNIE t FEEIAFEI) NOTARY PUBLIC - MINNESOTA 4 '?'4 DAKOTA COUNTY My commission expires Oct. 29, 1986 STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) On this 11th day of 4antamht?r , 19 86, before me a Notary Public within and for said County, personally appeared Martin F. Colon 004 to me personally known, who, being by me duly sworn to be a partners of *>cthe Partnership named in the foregoing instrument, on behalf of said and that said instrument was signed Partnership by said Martin F. Colon and he acknowledged said instrument to be the free act and deed of the Partnership. ANNIf($A.1pFAIF( R NOTARY PUBLIC - MINNESOTA '°. DAKOTA COUNTY My commission expires Oct. 29, 1986 **Federal Land Company, a partner of Eagan Heights Commercial Park, I 7 i .r?? qq?PFF::' ? o n v ; Y ff L ? 7 • P ? n a G ? ? 8 r 3 NpppE 7 gggg$??4g9???g?g '95- EXEUBIT A Agin a ? O?Fj-y\ st o it g PYLON SIGNS TOWN CENTER DRIVE 1. 1200 Town Center Shoppes - 49sf 11/8/89 2 1275 Burger King - (CUP) 145 sf sign shown on plan (103sf for Burger King, 32sf . reader board and 10 sf drive through) 25ft max high, no sign permit on file 3. 1279 Arby's -(CUP & Variance) 110sf, 20ft high, 288ft from Burger King pylon per pylon sign agreement, no sign permit on file 4. 1287 Kentucky Fried Chicken - 112 sf 6/17/87 5. 1295 Taco Bell - 97 sf 10/14/86; 28sf addition 5/18/88 6. 1325 Pizza Hut - 96sf 4/9/95; TC ID sign (CUP) 156 sf, 35 ft high 6/7/88 7. 1335 Applebees - 116 sf 12/15/92 8. 1344 - 1348 Kinkos/Payless - 125 sf, 27 ft high 11/4/94 9. 1345 Perkins - 112sf, 27ft high 6/29/94 10. 1350 Kohl's - 115sf, 22ft high 11. 1351 McDonald's - 124 sf 4/27/93 12. 1355 Mermaid Car Wash - 124 sf 9/15/88 11 1360 Walmart - 116sf, 27ft high 6/2/92 14. 1379 - 1399 Auto Mall (SA, Firestone etc) - 124 sf 4/30/87 YANKEE DOODLE ROAD 15. 1180 Valvoline - 96 sf, 27ft high 7/27/93 16. 1250 Edina Realty/First Bank - 119 sf, 26' 9" high 2/23/95 17. 1260 Hauge Office Bldg - (CUP) 100 sf, 20ft high 1/2/88 18. 1270 Signal Bank - (CUP) 54 sf, 23'3" high 10/11/89; 10 sf addition 5/16/90 SIGN SUMMARY 1171 19. 1406 Super America - 88sf approved CUP 2/19/95, sign permit for 130 sf (included price panels), 24ft high permit issued 9/12/86 20. 1420 Firstar Bank - (CUP and Variance) 75 sf, 21ft high 10/24/91 21. 1424 Amoco - 90 sf, 23ft high 7/11/78; 9sf addition 6/8/94 22. 1432 Yankee Square Shopping Center - no sign permit on file 23. 1480 Yankee Square Business Plaza - (CUP) 120 sf, 24 ft high 10/26/93 24. 1665 Carbones - 96 sf, 20 ft high 9/19/94 PILOT KNOB ROAD 25. 3390 Norwest Bank - 100 sf, 27 ft high 4/19/83 WASHINGTON DRIVE 26. 3450 Best Western - 93 sf, 20ft high 6/29/94 MONUMENT SIGNS TOWN CENTER DRIVE A. 1275 Burger King - 36 sf per CUP application, no sign permit on file B. 1279 Arby's - 40 sf per CUP application, no sign permit on file C. 1345 Perkins - 34 sf, 7ft high 6/29/94 D. 1355 Mermaid Car Wash - 32 sf, 9/28/ 94 E. 1379 Super America - 32 sf, 9/15/87 YANKEE DOODLE ROAD F. 1260 Hague Office Building - 15 sf, 1/2/88 G. 1250 Edina Realty/First Bank - 12 sf, 1/13/95 H. 1200 Waterview Office - 16 sf, 9/4/85 I. 1100 Eagan Town Center ID - 29 sf, 7/15/87 PILOT KNOB ROAD J. 3333 Loral - 24 sf, 6ft high, no current sign permit on file (previous permit issued for Paramax, 2/25/92) Monument signs smallest largest square feet 54 sf 130 sf height 20 ft 27 ft distance between signs 150 ft 500+ ft I p r_.r 511 Agenda Information Memo November 5, 2007, Eagan City Council Meeting B. PRELIMINARY & FINAL SUBDIVISION (CEDAR GROVE GATEWAY) - CITY OF EAGAN ACTIONS TO BE CONSIDERED: To approve (OR direct preparation of findings of fact for denial) a Preliminary & Final Subdivision (Cedar Grove Gateway 1St Addition) to create two lots upon approximately 5.5 acres located on either side of State Highway 13 at 4395 Dodd Road in the NE 1/4 of Section 19, subject to the conditions listed below: 1. The subdivision shall comply with the standard conditions of plat approval as adopted by Council on February 2, 1993. 2. The property shall be platted. 3. Park and Trail dedication shall be paid at the time of Building Permit, at the rate in effect at that time. 4. The developer shall dedicate the following upon the final plat: 1) 50' wide public right-of- way from the existing centerline of Silver Bell Road on Lot 1, Block 1, Cedar Grove Gateway 1st Addition; 2) 10' wide drainage & utility easements along all of the side property lines for Lot 1, Block 1, Cedar Grove Gateway 1" Addition; 3) 50' wide drainage & utility easement along the TH 13 right-of-way for Lot 1, Block 1, Cedar Grove Gateway 1st Addition; 4) 10' wide drainage & utility easement adjacent to the dedicated Silver Bell Road right-of-way for Lot 1, Block 1, Cedar Grove Gateway 1" Addition. The developer shall implement the performance measures in Policies 3.1 and 3.3 specified in the City's current Water Quality and Wetlands Management Plan (2007). 6. In accordance with policies of the City's current Water Quality and Wetlands Management Plan (2007), the developer shall provide measures so as to mitigate storm water runoff to meet management objectives for each of the identified sub-watersheds. The management objectives include maintaining or reducing, to the extent feasible, existing surface water runoff volume and phosphorus loading, with an emphasis on infiltration and low impact design principles to protect the Harnack Creek and Kennealy Creek sub-watersheds, and wet detention basins where appropriate in other subwatersheds. Such measures shall include but not be limited to reducing impervious area, providing infiltration, additional treatment basin construction, and treatment of stormwater discharge through other mean. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ? The subject property was physically separated when Highway 13 was realigned in the early 1980's; however, the parcel was never legally subdivided and currently exists as a single tax parcel. ? The site is generally open, undeveloped grassland with some volunteer tree growth around the perimeter of both of the parcels of land. The southerly parcel is in the core Cedar Grove Redevelopment Area and has an existing billboard sign that will be required to be removed when the site develops. ? The Eagan Economic Development Authority has entered into a purchase agreement to acquire the southerly parcel. The purchase agreement stipulates that the City process the subdivision to create the separate tax parcels. ? The proposed subdivision will create a 4 acre parcel north of Highway 13 and a 1.4 acre parcel south of the highway. The two parcels will be separated by the 360' right-of-way that contains State Trunk Highway 13. ? Because there is no development proposed in association with this subdivision, various standards for building materials, architecture, setbacks, landscaping, grading/drainage, water quality, tree preservation, etc. will be reviewed with future development. ISSUES: None 120-DAY AGENCY ACTION DEADLINE: September 14, 2007 ATTACHMENTS (2): Draft October 23, 2007 APC minutes o pagq?2L9 rl\ iroug i I Staff report on page aM October 23, 2007 APC Minutes Page 6 of 7 D. Cedar Grove Gateway 1st Addition Applicant Name: City of Eagan Location: Approximately 5.5 acres lying on either side of Highway 13 in the NE 1/4 of Section 19 Application: Preliminary Subdivision A Preliminary Subdivision to create two parcels on approximately 5.5 acres. File Number: 19-PS-12-09-07 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated October 8, 2007. He noted the background and history. Vice Chair Chavez opened the public hearing. There being no public comment, Vice Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Filipi moved, Member Feller seconded a motion to recommend approval of a Preliminary Subdivision (Cedar Grove Gateway Addition #1) consisting of two lots on approximately 5.5 acres located north and south of State Highway 13, east of Cedar Avenue in the Northeast '/4 of Section 19 subject to the following conditions: 1. The subdivision shall comply with the standard conditions of plat approval as adopted by Council on February 2, 1993. 2. The property shall be platted. A vote was taken. All voted in favor. Motion carried: 5-0. ac/ PLANNING REPORT CITY OF EAGAN REPORT DATE: October 8, 2007 APPLICANT: City of Eagan PROPERTY OWNER: Mulcahy Co Inc REQUEST: Preliminary Subdivision CASE: 19-PS-12-09-07 HEARING DATE: October 23, 2007 APPLICATION DATE: September 19, 2007 PREPARED BY: Michael J. Ridley, AICP LOCATION: Northeast 1/4 of Section 19 COMPREHENSIVE PLAN: SA - Special Area ZONING: CGD -- Cedar Grove District SUMMARY OF REQUEST The City of Eagan is requesting approval of a Preliminary Subdivision (Cedar Grove Gateway Addition #1) consisting of two lots on approximately 5.5 acres located north and south of State Highway 13, east of Cedar Avenue in the Northeast 1/4 of Section 19. AUTHORITY FOR REVIEW Subdivision: City Code Section 13.20 Subd. 6 states that "In the case of platting, the Planning Commission and the Council shall be guided by criteria, including the following, in approving, denying or establishing conditions related thereto: A. That the proposed subdivision does comply with applicable City Code provisions and the Comprehensive Guide Plan. B. That the design or improvement of the proposed subdivision complies with applicable plans of Dakota County, State of Minnesota, or the Metropolitan Council. C. That the physical characteristics of the site including, but not limited to, topography, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, water storage and retention are such that the site is suitable for the type of development or use contemplated. D. That the site physically is suitable for the proposed density of development. ada Planning Report - City Eagan October 23, 2007 Page 2 E. That the design of the subdivision or the proposed improvement is not likely to cause environmental damage. F. That the design of the subdivision or the type of improvements is not likely to cause health problems. G. That the design of the subdivision or the improvements will not conflict with easements of record or with easements established by judgment of court. H. That completion of the proposed development of the subdivision can be completed in a timely manner so as not to cause an economic burden upon the City for maintenance, repayment of bonds, or similar burden. L That the subdivision has been properly planned for possible solar energy system use within the subdivision or as it relates to adjacent property. (Refer to City Handbook on Solar Access). That the design of public improvements for the subdivision is compatible and consistent with the platting or approved preliminary plat on adjacent lands. K. That the subdivision is in compliance with those standards set forth in that certain document entitled "City of Eagan Water Quality Management Plan for the Gun Club Lake Watershed Management Organization" which document is properly approved and filed with the office of the City Clerk hereinafter referred to as the "Water Quality Management Plan". Said document and all of the notations, references and other information contained therein shall have the same force and effect as if fully set down herein and is hereby made a part of this Chapter by reference and incorporated herein as fully as if set forth herein at length. It shall be the responsibility of the City Clerk to maintain the Water Quality Management Plan and make the same available to the public." BACKGROUND/HISTORY The subject property was physically separated when Highway 13 was realigned in the early 1980's; however, the parcel was never legally subdivided and currently exists as a single tax parcel. EXISTING CONDITIONS The site is generally open, undeveloped grassland with some volunteer tree growth around the perimeter of both of the parcels of land. The southerly parcel is in the core Cedar Grove Redevelopment Area and has an existing billboard sign that will be required to be removed when the site develops. Planning Report - City Eagan October 23, 2007 Page 3 The Eagan Economic Development Authority has entered into a purchase agreement to acquire the southerly parcel. The purchase agreement stipulates that the City process the subdivision to create the separate tax parcels. SURROUNDING USES The subject site is surrounded by land zoned Cedar Grove District and guided Special Area. EVALUATION OF REQUEST Compatibility with Surrounding Area - The subdivision and platting will memorialize the physical separation created when Highway 13 was realigned. Future uses of the two created parcels will need to be consistent with the standards established in the Cedar Grove District zoning category. There is no development proposed with this subdivision. Parcels - The proposed subdivision will create a 4 acre parcel north of Highway 13 and a 1.4 acre parcel south of the highway. The two parcels will be separated by the 360' right-of-way that contains State Trunk Highway 13. Bulk & Development Standards - Because there is no development proposed in association with this subdivision, various standards for building materials, architecture, setbacks, landscaping, grading/drainage, water quality, tree preservation, etc. will be reviewed with future development. SUMMARY/CONCLUSION The subject property was physically separated when Highway 13 was realigned in the early 1980's; however, the parcel was never legally subdivided and currently exists as a single tax parcel. This proposed subdivision and platting will operate essentially as a house-keeping item that will memorialize the physical separation created when the highway was realigned. ACTION TO BE CONSIDERED To recommend approval of a Preliminary Subdivision (Cedar Grove Gateway Addition #1) consisting of two lots on approximately 5.5 acres located north and south of State Highway 13, east of Cedar Avenue in the Northeast 1/4 of Section 19. If approved, the following conditions should apply. The subdivision shall comply with the standard conditions of plat approval as adopted by Council on February 2, 1993. 2. The property shall be platted. ar4 a? STANDARD CONDITIONS OF PLAT APPROVAL A. Financial Obligations 1. This development shall accept its additional financial obligations as defined in the staffs report in accordance with the final plat dimensions and the rates in effect at the time of final plat approval. B. Easements and Rights-of-Way This development shall dedicate 10-foot drainage and utility easements centered over all lot lines and, in addition, where necessary to accommodate existing or proposed utilities for drainage ways within the plat. The development shall dedicate easements of sufficient width and location as determined necessary by engineering standards. 2. This development shall dedicate, provide, or financially guarantee the acquisition costs of drainage, ponding, and utility easements in addition to public street rights-of-way as required by the alignment, depth, and storage capacity of all required public utilities and streets located beyond the boundaries of this plat as necessary to service or accommodate this development. 3. 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. 4. This development shall dedicate adequate drainage and ponding easements to incorporate the required high water elevation plus three (3) feet as necessitated by storm water storage volume requirements. C. Plans and Specifications All public and private streets, drainage systems and utilities necessary to provide service to this development shall be designed and certified by a registered professional engineer in accordance with City adopted codes, engineering standards, guidelines and policies prior to application for final plat approval. 2. A detailed grading, drainage, erosion, and sediment control plan must be prepared in accordance with current City standards prior to final plat approval. 3. This development shall ensure that all dead-end public streets shall have a cul-de-sac constructed in accordance with City engineering standards. 4. A separate detailed landscape plan shall be submitted overlaid on the proposed grading and utility plan. The financial guarantee for such plan shall be included in the Development Contract and shall not be released until one year after the date of City certified compliance. D. Public Improvements 1. If any improvements are to be installed under a City contract, the appropriate project must be approved by Council action prior to final plat approval. E. Permits This development shall be responsible for the acquisition of all regulatory agency permits required by the affected agency prior to final plat approval. F. Parks and Trails Dedication This development shall fulfill its park and trail dedication requirements as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. G. Water Quality Dedication This development shall be responsible for providing a cash dedication, ponding, or a combination thereof in accordance with the criteria identified in the City's Water Quality Management Plan, as recommended by the Advisory Parks, Recreation and Natural Resource Commission and approved by Council action. H. Other All subdivision, zoning and other ordinances affecting this development shall be adhered to, unless specifically granted a variance by Council action. Advisory Planning Commission Approved: August 25, 1987 City Council September 15, 1987 Revised: July 10, 1990 Revised: February 2, 1993 LTS#5 STANDARD.CON o?O 7 Eagan Boundary P Location Right-of-way Parcel Area Park Area Building Footprint i k <RO o CzD vvv J ° ?"? 22 C2Q .. O ° Subject Site I'?. f / t Subject Site ? o D ? 8oooo ? DILVED DELL Dal1D 13 5'?PS _ody, ? ?° Oz, '10 Z, 4 ° O ?/ •.Op oo c ??'a ? ? ??? 0? p0 9 oe Y' ? O DO ? Tppn UOsR O a O O ? ? ? ? ?°° Q 0 C? O O a ® 0 ?? Je O O? C:3 as o a o 0 0 00. o ? n 00 O o??I tom..- o tS ','? 0o s Ere. o p / ? °rt O fl (5 . ? ? ? CgRND pLANi? ? ? S ?<'$ eU ? ? =DI ? V t (1 . O 1q?4NR Np O a PMIDE Q V _ ? ?? ? 0 ° o ? ? o o r? boo ° .nN aN uNe d r ygOR 4ND o° 0 o r,? Q c.ONEU.N u C7 a' p o° 6 0 0 0 • 17 D.renlDe LN ? O ? ? ''b ? d'? U C1 C3 o ?.De une ° ` ? yNr q O o o ,.D ? D 5 ?? np o aG4P 57 P p af` q, RN 9 0 CM 0 /7 n 1000 0 1000 2000 Feet Development/Developer. Cedar Grove Gateway Ist Addition Application: Preliminary Subdivision Case No.: 19-PS-I2-09-07 of Ea Cit ENDED FOR REFERENCE USE ONLY p y THIS MAP IS INT The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S Community Development Department not responsible for errors or omissions. Cedar Grove Gateway 1st Addn Current Zoning and Comprehensive Guide Plan Preliminary Subdivision Land Use Map 19-PS-12-09-07 Zoning Map Current Zoning: CGD. Cedar Grove District G00 0 600 1200 Feet Comprehensive Guide Plan Land Use Map Current Land Use Designation: SA Special Area G00 0 600 1200 Foot parcel base map information provided by Dakota County Land Survey Department Decmber 2005. N ZeninpiQfol ati maintained by City Staff. City of Ea p 'Yl) /rV? W H THIS MAP IS INTENDE?FOR REFERENCE USE ONLY The City of Eagan and Dakota County do;not guarantee the accuracy of this information. S j , 1 1 ?( 1nH SEi d?i.?• -1 v r ? i- ii I?f ? - ti < f ? r ; tom' ?: Ate'/ t? R. •? Eby' `? 4N T r J??. ti's f v 6 ? ? •' ? ? FDaY 4 _: Lf xi ?r \t t Y^ ?? ?k k ? .i 4 ,. 7 ] r, 'Ilk 31 le, g` rye 7/( ry I 1f { h f R + t???( J rt ? r l l` ? ? ??m4m ? TTY €gg a? oQ =?? ( \ \ m Q i \ / Gm \ \ / \ ,:\\ ?? NO'IJ:T2T 475.69 - ° . .1BS6D ?? o$ _ uq gel ° tp con of Iv Q3 ffa Ig 19 P?I s,gl ?gl 8A F4 (?' ( ( c4aA \\ C1 8e I c? IASA aM A n Q I^ ,ay,yr yny NO'IJ'J22' 425 _ ',r) ?ir9r c 3g_"a a?i U38 ?. 3 so -pl deg I ay uai Q?u m?l Q4a 803 ae g> n3 H RR sz zl. el 9; w I^ - all 9 vl of 3 vl III "I Ig I'I ?vt t:l C7 -` { j.{ { 7?` - j• m v { ? 71 C7 7` 'n 7{ C' A ? t? \ 69 °? ` J m Fl6 4 . ?c Zix? arA ° le F° Y $? m n Ro 9m C) eq .:fib -1 :, \ a^ e \ CA O eP fe ? O J ° ? \ ,Q e,oe 3= g° S o? _ Fs Fs _ _ka o58 os° a . ?? ? a ? • Fya sF - Sg z9° g. - - - go 3=5 :e? R Qo - a - R °o g9o 2 =$ - - Cn 2 f ? ° ? a AGENDA CITY OF EAGAN REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY EAGAN MUNICIPAL CENTER NOVEMBER 5, 2007 A. CALL TO ORDER B. ADOPT AGENDA C. APPROVE MINUTES D. OLD BUSINESS E. NEW BUSINESS 1. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Lease Agreement to operate sales center at 3935 Sibley Memorial Highway, Doran-Pratt Development 2. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Negotiation of Amendment of Nicols Ridge/U.S. Home Development Agreement 3. CEDAR GROVE REDEVELOPMENT DISTRICT - Approve Doran- Pratt Preliminary Core Area Redevelopment Concept Plan 4. CEDAR GROVE REDEVELOPMENT DISTRICT - Authorize Preparation of Update of Alternative Urban Areawide Review for Redevelopment Area F. OTHER BUSINESS G. RECESS TO EXECUTIVE SESSION - At the EDA's option, it may recess to Executive Session to discuss the negotiations for the proposed amendment of the Nicols Ridge TIF Development Agreement. Agenda Information Memo Eagan Economic Development Authority Meeting November 5, 2007 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 October 16, 2007 EDA meeting as presented or modified. ATTACHMENTS: • Minutes of the October 16, 2007 EDA meeting on pages at a ?3 MINUTES OF A MEETING OF THE EAGAN ECONOMIC DEVELOPMENT AUTHORITY Eagan, Minnesota October 16, 2007 A meeting of the Eagan Economic Development Authority was held on Tuesday, October 16, 2007 at the Eagan Municipal Center. Present were President Maguire, Commissioner Carlson, Commissioner Fields and Commissioner Bakken. Commissioner Tilley was absent. Also present were Executive Director Hedges, Community Development Director Hohenstein, City Plaimer Ridley, Director of Public Works Colbert, and City Attorney Bauer. ADOPT AGENDA Commissioner Fields moved, Commissioner Bakken seconded a motion to approve the agenda as presented. Aye: 4 Nay: 0 APPROVE MINUTES Commissioner Baldcen moved, Commissioner Fields seconded a motion to approve the minutes of the October 2, 2007 meeting as presented. Aye: 4 Nay: 0 OLD BUSINESS NEW BUSINESS CEDAR GROVE REDEVELOPMENT DISTRICT PURCHASE AGREEMETN FOR ACQUISITION OF BASSIL DYAB PROPERTY, FORMER SHELL STATION Community Development Director Hohenstcin discussed the purchase agreement for the former shell station property at 3830 Sibley Memorial Highway. Commissioner Bakken moved, Commissioner Fields seconded a motion to adopt a resolution to approve a Purchase Agreement and related documents for the Bassil Dyab property, 3830 Sibley Memorial Highway. Aye: 4 Nay: 0 There was no new business. OTHER BUSINESS There was no other business. a4 ADJOURNMENT Conimissioiler Bakken moved, Commissioner Fields seconded a motion to adjourn the meeting at 8:45 p.m. Date Thomas Hedges, Executive Director Agenda Memo Eagan Economic Development Authority Meeting November 5, 2007 1. CEDAR GROVE REDEVELOPMENT DISTRICT - LEASE AGREEMENT FOR DORAN PRATT SALES CENTER AT 3935 SIBLEY MEMORIAL HIGHWAY ACTION TO BE CONSIDERED: To approve a lease agreement with Doran Pratt Development to operate sales center at 3935 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. • In July, the City selected the Doran Pratt team as its master developer for the area and approved a predevelopment agreement with the team in August. Under the predevelopment agreement, Doran Pratt has begun to be active in the area. The team has installed temporary development signage in the area and they would like to open a development and sales center in the area in the near future. • Staff and the developer have negotiated a lease agreement under which the developer would occupy the property on a month to month basis at nominal rent. The developer would be responsible for utilities and insurance and all costs associated with the operation of the property. It is anticipated that the developer will construct a longer term development office in one of the other buildings constructed in the area, at which time, the lease would be terminated and the property incorporated into further redevelopment. ATTACHMENTS: • Site map on page a 17 • Lease agreement on pagesG , 'through >r>>g,tY lYl? 7" J° _r. I 1 J o ti} dar Grove I tArea " Subject Si. i• J II _ ? t I i 0 325 650 1.3.00 Feet £ city oFeagan Cedar Grove Redevelopment Area Plourde Property-3935 Cedarview Dr. 7 LEASE This is a legal agreement ("Lease") between the Tenant and the Landlord to rent the Premises described below. The word LANDLORD as used in this Lease means the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation (the "EDA"). The word TENANT as used in this Lease means DORAN PRATT DEVELOPMENT, LLC, a Minnesota limited liability company. This Lease can be enforced in court against the Landlord or the Tenant if either one of them does not comply with this Lease. 1. Lease/Description of Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the building located at 3935 Sibley Memorial Highway in the City of Eagan, County of Dakota, State of Minnesota (the "Premises"). The term "Premises" also includes shared use of all common areas in the building and shared use of parking on the Property. The building is located on property legally described as follows: Lot 6, Block 1, Barton McGray Addition, according to the recorded plat thereof, Dakota County, Minnesota. (the "Property") 2. Term of Lease. This Lease is a month-to-month lease. Landlord or Tenant may terminate this Lease at any time by providing 30 days' advance notice. 3. Rent. a. Amount. The rent for the Premises is Ten Dollars and no/100 Dollars ($10.00) per month. 4. Acceptance/Quiet Enjoyment. Tenant accepts the condition of the Property and Premises in an "as-is" condition, except as provided in Paragraph 8. If Tenant complies with the provisions of this Lease, Tenant may use the Premises for the term of this Lease. 5. Use of Premises. The Premises will be used by Tenant as a temporary sales and storage center for the Village of Cedar Grove project and for no other purpose. 6. Alterations/Removal of Personal Property from the Premises. Landlord acknowledges that Tenant is currently identified as the Master Developer for the Cedar Grove Redevelopment Area and that Tenant intends to use the Premises as a temporary sales center. Tenant may, at Tenant's sole cost and expense, make improvements to the Premises and Property, including the removal of trees. Tenant must contact the City Forester prior to the removal of any tree(s). 7. Damage to Premises. If the Premises is damaged or destroyed, other than by fault of Landlord described in Paragraph 7, Landlord may terminate this Lease immediately and o2/£r may decide not to rebuild the Premises. For purposes of this paragraph, the Premises is deemed damaged or destroyed if the Premises is damaged by more than 25% as determined by the City's Building Inspector. 8. Utilities/Taxes. Tenant shall pay for all utilities, including electric, gas, telephone, water, etcetera for the Premises. Landlord agrees to restore water service to the building at its sole expense. Tenant shall also reimburse Landlord for any real estate taxes paid by Landlord during Tenant's occupancy. 9. Insurance. Tenant shall, at Tenant's expense, procure liability and personal property insurance for the term of the Lease listing Landlord as additional insured and indemnifying Landlord from any claim relating to Tenant's tenancy of the Premises. The amount of insurance coverage must be approved by Landlord prior to the commencement of the Lease term. Such insurance shall be provided by an insurance company acceptable to Landlord. 10. Right of Entry. Landlord and Landlord's agents may, upon prior written notice to Tenant, enter the Premises at reasonable hours to inspect the Premises and perform any work that Landlord decides is necessary. 11. Assignment and Subletting. Tenant may not assign this Lease, sublease the Premises to anyone else, sell this Lease or permit any other person to use the Premises without the prior consent of the Landlord. If Tenant does, Landlord may terminate this Lease. Any assignment or sublease made without Landlord's written consent will not be effective. Tenant may under its Master Development Agreement with the City allow any sub-developer's, with prior consent from the EDA, to jointly use the Property for marketing and sales purposes. 12. Termination. Tenant shall move out of the Premises when the Lease term ends. 13. Surrender of Premises. When Tenant moves out, Tenant shall leave the Premises in a "broom clean" condition and as it was when the Lease started, with the exception of reasonable wear and tear and with the exception of the removal of fixtures, improvements, and personal property, as provided herein. 14. Abandonment. If Tenant moves out of the Premises before the end of this Lease and Tenant fails to provide seven (7) days written notice to Landlord, Landlord may bring a legal action to recover possession of the Premises. If Landlord recovers possession of the Premises after Tenant moves out, then Landlord may consider Tenant's personal property in the Premises to also have been abandoned. Landlord may then dispose of the personal property in any legal manner. 15. Indemnification. Tenant shall indemnify and save harmless Landlord against all liabilities, damages, claims, fines, penalties, costs and other expenses, which may be imposed upon, incurred by or asserted against Landlord by reason of all of the following: (a) any use or condition of the Property or in the Premises or any part thereof; (b) any personal injury or property damage occurring on the Property or in the Premises; (c) any negligence on the part of Tenant, its agents, contractors, licensees or invitees; (d) any failure to comply with any 2 -2-19 requirement of any governmental authority; (e) any prosecution or defense of any suit or other proceeding in discharging the Premises or any part thereof from any liens, judgments or encumbrances created upon or against the same or against Tenant's leasehold estate; (f) any proceedings in obtaining possession of the Premises after the termination of this Lease by forfeiture or otherwise; (g) any litigation commenced by or against Tenant to which Landlord is made a party without any fault on the part of Landlord; (h) any response costs, other damages and expenses which may be imposed upon, incurred by or asserted against Landlord by reason of the use, release, threatened release or disposal of Hazardous Wastes at the Premises by Tenant, its agents, contractors or employees; and (i) any failure on the part of Tenant to perform or comply with any covenant or agreement required to be performed or complied with by Tenant hereunder. 16. Default. If Tenant violates a term of this Lease and Landlord does not terminate this Lease or evict Tenant, Landlord may still terminate this Lease and evict Tenant for any other violation of this Lease. 17. Successors and Assigns. The terms of this Lease apply to the Tenant and Landlord. The terms of this Lease also apply to any legal representatives and assigns of Tenant or Landlord. IN WITNESS WIIEREOF, the parties hereto have executed this Agreement as of the day and year first written above. LANDLORD: EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation By: _ Mike Maguire Its: President By: Thomas L. Hedges Its: Executive Director TENANT: DORAN PRATT DEVELOPMENT, LLC, a Minnesota limited liability company By: Kelly J. Doran Its: Chief Manager 3 c0 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 2007, by Mike Maguire and Thomas L. Hedges, respectively the President and Executive Director of the EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota municipal corporation. Notary Public STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of 2007, by , the of DORAN PRATT DEVELOPMENT, LLC, a Minnesota limited liability company, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Robert B. Bauer SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 953-8847 (RBB: 206-26768) 698535.2 4 aal Agenda Memo Eagan Economic Development Authority Meeting November 5, 2007 2. CEDAR GROVE REDEVELOPMENT DISTRICT - AUTHORIZE NEGOTIATION OF AMENDMENT OF NICOLS RIDGE/U.S. HOME DEVELOPMENT AGREEMENT ACTION TO BE CONSIDERED: To authorize negotiation of an amendment of the Nicols Ridge TIF Development Agreement between the City and U.S. Home to permit the development of a reduced number of units and transfer the remainder of the property to the City for other redevelopment alternatives. FACTS: • As a part of the redevelopment of the Cedar Grove Redevelopment District, the City approved a concept plan presented by Delta Homes and a development agreement for the redevelopment of properties south of Cedar Grove Parkway. The approved concept plan called for 230 residential units in a combination of row-homes and condominiums. To offset the higher costs of acquisition, demolition and relocation to be paid by the developer, the City agreed to use TIF proceeds from the project to cover the costs of public improvement assessments, cash parks and trails dedication obligations and a trunk utility fee for the project. • The development agreement was subsequently assigned to US Homes/Lennar and amended on several occasions to adapt to specific facts or transactions related to the development of the property. • U.S. Home proceeded with the construction of homes in the initial phase of the development. To date, they have built 48 row-home units and 14 condominium units. The development agreement anticipates the development of 28 additional row-home units and 140 additional condominium units in two more development phases. • The development's sales have been affected by the flattening housing market, but to date, they have sold the majority of the row-homes and 13 of the condominiums. • Over the years since the development agreement was approved, the developer and the City have acquired all of the properties in the redevelopment area. A map depicting the current property ownership is included in the attachments. • In early 2007, the developer approached the City requesting consideration of an alternative development plan that would have reduced the total number of units from 230 to 175 and would have replaced all of the proposed condominium units with row-homes. The proposal also requested continued TIF assistance to complete the project at the reduced scale. • The developer also indicated that an alternative would be to reduce the scale of Nicols Ridge to utilize only the property that the company already owned on the easterly end of the site and to sell the property it owned on the westerly portion for separate development combined with properties that the City had acquired. cq;ka The alternative plan would result in the construction of an additional 56 units for a total of 118 units on the easterly end of the site and a separate 8 acre development site on the westerly end. • At its workshop meeting in February, the City Council/EDA determined that it would be open to considering a development plan that would permit the row- homes in lieu of the condominiums provided the row-homes met the finish and design standards required by the Cedar Grove Zoning District and/or the original planned development, but that the City was not in a position to provide additional TIF assistance to a project that would reduce the number of units and the amount of tax base to be generated. The matter was referred to the Council Finance Committee that provided more detailed analysis of the proposal. • On the basis of the EDA and Finance Committee direction, staff has met with representatives of U.S. Home on several occasions since February. As an outcome of those discussions, a settlement framework was outlined that would permit the developer to come forward with a 56 unit row-home plan for the easterly portion of the site and for the developer to sell the former Gonyea property to the City for its original purchase price of approximately $550,000 or $4/s.f. The revised plan will be required to go through the application review process and meet all appropriate standards for a planned development amendment within the Cedar Grove District. In addition, the City would discontinue TIF assistance for the remainder of the U.S. Home project and the project would pay its proportionate share of the Project #888 assessments for portion of the site covered by the reduced development project. Essentially, the remainder of the project would function as a private development. • U.S. Home representatives have provided written confirmation that they wish to proceed with the modified plan on the basis of these terms. If the EDA authorizes it under this action item, staff and the City Attorney will prepare a settlement agreement and an Amendment of the TIF Development Agreement and the developer will submit applications for the revised development proposal. ATTACHMENTS: • Property ownership map on page a, f.-- Revised U.S. Home Concept Plan on page • Settlement term sheet enclosed without page number. room - 111M \ \* _ ?? lru '? ? +?,,?? ,ii,rerm"_??rr'ra_`sm' ? '\ ? ?? r ? ??,. ?? j70?' e ? r:..- ?€ ?.•. y ''kr i?? ',? w ? .try ?? Mti Ift nw, W 4;, s p Pa e?T+'Ip ?"'°"?? x If 1, 1 ?dJr? ? t;C X } j?4? -r ?l 4,41*1 O O N I O T O u w ^\\ 0 tm E fV C 0 E Q. 0 0 0 a, R 0 0 0 CD E E v) N d X W a L N 0?. T L m m 0 0 L 0 Cu ti 0 0 N t0 C;?aL? 1'.ti.ll ( icy, ?tat'?1a6C!I far {drP?t?`s,??r?v d e+r )iuy ? r) a , ! psi Lydwt,t':?.u141 .:?I+ 6. M AY t. f Itlll ?nl r? t r Y ?`.f?ee 7, 7 e rrr? Ij tiul, r t I?t? it "I? e?? d d a .41 7,7 t r 17, d? c a iii, ?j 't t v} r 10 lea !. ? ? e `?' ., - ,• ?? 7?p yrlt ? t Yi? ? ? ?7 f iY) +? Je 1 ,7 ear r... {I e ?y. 'i'+ h ++sWU+w ? - ? r i 1 ff it , ?$u h I? may, IGk `d r. i e s ]/ 'ei' ! 4 I II t lip I tib ?pl'M a ?,. 9 ?f a' °' '? ?/ ? f a?Sr ? ? , ?e e C =fit ?Y t 4 ?I ..`' I?444}}} k 4 Gtii? e ?. ! f l 1 1 11 e t {? w L ?; i? ??p,?,{ ? nYrY' t 1e?ti? M, •?..? ?H ? ,u?No e ti t i t e? Ia ??til ??1.} 'b < ?ee K ? S ,,. 1 f ?I 19? 'l xv Ulf ? ? '.+}l IS t AUS ea ?ye?t {t 4 qly ? Yr ,? 4 t?® [fs f '+v Y f t ?I f%I iJ aqll w •.i'?' e?t ?i I?? \w I . ? a n•rh ft e?..a11? in ti Ir1 ?? t S Agenda Memo Eagan Economic Development Authority Meeting November 5, 2007 3. CEDAR GROVE REDEVELOPMENT DISTRICT - DORAN-PRATT CORE AREA REDEVELOPMENT CONCEPT PLAN ACTION TO BE CONSIDERED: To approve Doran-Pratt Preliminary Core Area Redevelopment Concept Plan for the Cedar Grove Redevelopment District. FACTS: ? The Cedar Grove Redevelopment District has been among the City's priorities for a number of years. The City has made substantial progress toward the redevelopment of the area through property acquisitions, road and stormwater improvements, business relocations, environmental reviews and development projects around the perimeter of the core area. In July, the City selected Doran-Pratt as a new development partner and asked them to work with staff to prepare a master plan for the redevelopment of the core area for consideration by the City Council. ? Doran-Pratt submitted a preliminary concept master plan that addresses the City's goals and priorities for the area in a way that they indicate will be market supportable and achievable in the near and long term. At the City Council workshop on October 30, 2007, the Council received a presentation of the plan from the development team and provided direction to staff and the developer to proceed with the preparation of additional detail for the overall masterplan and phasing plan and for the developer to submit development applications for the first phases of the construction of portions of the development beginning in 2008. ? The Council indicated support for the preliminary concept plan with the following comments and direction. o The proposed streets within the core area development should be aligned with those in the redevelopment area south of Cedar Grove Parkway. o The proposed level of retail development is at the low end of the Council's expectations for the area. The developer should explore additional retail uses for the development, particularly on the west end of the redevelopment across from the transit station site. o The developer should maintain sufficient flexibility to add density and respond to market trends over the life of the development. o Make sure that the district works financially for the City and for the taxpayers. o Provide unique, consistent streetscaping throughout the development pull the area together. o Provide quality architecture and finishes that will be unique to Eagan and unique to Cedar Grove. o Implement the phasing plan in a way that works for the development and works for TIF. ? It would be appropriate at this time to formally approve the preliminary concept plan with the additional direction and comments noted. If the Council has other comments or cw? & direction to provide with respect to the Concept Plan, it would be appropriate to add them at this time. ATTACHMENTS: Preliminary concept development plan dated September 4, 2007 or > Other background materials were included in the October 30, 2007 Additional copies may be provided upon request. page (s workshop packet. aa7 sal' c' ?4 1 'r4 '_,Jo 5 ?'? rc I aa2? O aJ J X O x •7 Z r O .; ". e as> 5 ' vC .1r ai 3 3 W2? _ Eau 45 ? •, 5 k ? w? ay ~ l h W J ? ? F+JWS.; £ N v(i N J n ? ? r - Q f I 'u r. Qpll N_ =< E G C > a w? ? ?o.n f.nu s. ???F3 Eic? Y S E EdCI II lS IEEE r„ e i,t 3 it l J:t MIA PP.- s Agenda Memo Eagan Economic Development Authority Meeting November 5, 2007 4. CEDAR GROVE REDEVELOPMENT DISTRICT - AUTHORIZE UPDATE OF REDEVELOPMENT AREA AUAR ACTION TO BE CONSIDERED: To Authorize Preparation of Update of Alternative Urban Areawide Review for the Cedar Grove Redevelopment Area. FACTS: ? In 2003, the City prepared an Alternative Urban Areawide Review (AUAR) of the Cedar Grove Redevelopment District. An AUAR is an environmental analysis document, sometimes used in larger, mulit-use developments in lieu of an EAW/EIS process. ? AUARs are to be updated every five years, which in the case of Cedar Grove, corresponds to the City's decision to move forward with a revised development masterplan. ? Staff has asked SRF, the firm that prepared the original AUAR to submit a scope of work and estimate of cost for the update. At the time of packet preparation, the update proposal had not been received. If it is received and is found to be in order prior to Monday's meeting, a summary of the cost and scope of work will be provide to the EDA. If it is not ready in time for the meeting, staff will request that this item be continued to the November 20, 2007 EDA meeting. ATTACHMENTS: ? None aaR Agenda Information Memo Eagan Economic Development Authority Meeting November 5, 2007 F. OTHER BUSINESS G. RECESS TO EXECUTIVE SESSION If the EDA wishes for additional detail regarding the proposed amendment of the Nicols Ridge TIF Development Agreement, it may recess to executive session. If the item has been covered in sufficient detail in the regular meeting discussion, the EDA may adjourn the meeting instead. ?2?