10/07/2003 - City Council Regular
AGENDA
EAGAN CITY COUNCIL - REGULAR MEETING
EAGAN MUNICIPAL CENTER BUILDING
OCTOBER 7, 2003
6:30 P.M.
I. ROLL CALL AND PLEDGE OF ALLEGIANCE
II. ADOPT AGENDA
III. RECOGNITIONS AND PRESENTATIONS
IV. CONSENT AGENDA
P A. APPROVE MINUTES
A ~S B. PERSONNEL ITEMS
C. CHECK REGISTERS
17 D. APPROVE Lawful Gambling Exempt Permit for Faithful Shepherd Catholic School
fa0 E. APPROVE Civic Arena Capital Expenditures
r - / F. APPROVE Proclamation for "Make A Difference Day"
G. APPROVE Proclamation for "National Business Women's Week"
H. SET Public Hearing Date for Certification of Delinquent Utilities
I. SET Public Hearing Date for November 6, 2003 to Certify Delinquent False Alarm Bill
J. SET Public Hearing Date for November 6, 2003 to Certify Delinquent Board Up Service Bills
8. K. DIRECT Preparation Of Ordinance Amendment to Chapter 5, Wine, Beer & Liquor Licensing and
Regulation
f3p L. APPROVE Change Order No. 3 for Contract 02-11 (Dodd Road, Cliff Road to 120` Street -
Street & Utility Improvements)
P M. APPROVE Signal Maintenance Agreement with Dakota County (Project 851, Town Center Dr. at
Duckwood Drive)
381 N. RECEIVE Petition, Vacation of South Dodd Road Right of Way - Roger Wierke
3y O. APPROVE Easement Agreement for Project 806R (Kennerick Addition - Storm Sewer)
.3~ P. APPROVE Final Payment and Authorize City Maintenance for Contract 02-09 (Central Parkway-
Street and Utility Improvements)
P36 Q. APPROVE Easement Agreement for Project 771 (Lexington Avenue - Street and Utility
Improvements)
d39 R. RECEIVE Feasibility Report and Order Public Hearing for Project 886 (Lone Oak Road - Trunk
r Water Main)
/ 3 r S. APPROVE Resolution and Authorize Application for a Predevelopment Grant, administered by
the Metropolitan Council, supported by the Minneapolis Foundation and Family Housing Fund
®yIDT. APPROVE Ordinance Amendment Updating Chapter I I in its Entirety
P APPROVE Resolution in Support of the Trust for Public Lands Application to the Dakota County
Farmland and Natural Areas Program for Preservation of the Caponi Art Park
V. APPROVE Settlement Agreement with Kolhoff Regarding Project 751 (South Dodd Road)
W. APPROVE Change Order No. 6 for Contract 01-05 (Cedar Grove Access Modifications - Street
& Utility Improvements)
P~ p X. APPROVE Extension for Recording the Final Plat - Vogelpohl Addition - Hedlund Engineering
V. PUBLIC HEARINGS
P15-2 A. FINAL ASSESSMENT HEARING for Project 764R (Selmark, Harvey, Burrview - Street
Improvements)
7 B. FINAL ASSESSMENT HEARING for Project 875 (Lexington Place and Lexington Place South -
Street Improvements)
gg C. FINAL ASSESSMENT HEARING for Project 876 (Drexel Heights Addition - Street
r Improvements)
h~ L D. VARIANCES - Robert and Renate Owen - Variances to exceed the 20% lot coverage by 1.5%, to
Ir v exceed the allowed 800 Sq. Ft. detached accessory structure by 160 Sq. Ft., and to allow the pitch
and style of the garage roof to differ from the principal structure on Lot 21, Block 5, Cedar Grove
No. 4, located at 2090 Quartz Lane in the NE %4 of Section 30.
/ r E. VARIANCE - Stephen Palo - A Variance request to the 5 foot rear property line building setback
on Lot 11, Block 4, Oak Cliff Pond, located at 4687 Wildwood Street in the NW '/4 of Section 31.
VI. OLD BUSINESS
spill A. PLANNED DEVELOPMENT AMENDMENT - Eagan Hotel Group. LLC (continued from the
September 16, 2003 City Council meeting
VII. NEW BUSINESS
p0 A. WAIVER OF SUBDIVISION - Michael Tierney - A Waiver of Subdivision to change the
property line between Lots 2 & 3, Block 1, Poppler Homesteads #2, 3045 and 3055 Poppler Lane,
in the NW 1/4 of Section 10
P14io B. CONDITIONAL USE PERMIT - Trinity Lone Oak Lutheran Church - A Conditional Use Permit
for a pylon sign at 2950 Highway 55 in the SW of Section 2.
~1S4;. C. CONDITIONAL USE PERMIT - Miller Dunwiddie Architecture - A Conditional Use Permit to
allow a kidney dialysis clinic in a BP, Business Park zoning district on Lot 1, Block 1, Grand Oak
Three, located at 2750 Blue Water Road in the NW '/4 of Section 2.
D. CONDITIONAL USE PERMIT - Interstate Partners - A Conditional Use Permit to allow a health
care facility in a BP, Business Park zoning district on Lot 2, Block 1, Grand Oak Four, located at
880 Blue Gentian Road in the NE '/4 of Section 2.
E. DIRECT PREPARATION - Ordinance Amendment to Revise Non-Conforming Use Regulations
VIII. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE
IX. ADMINISTRATIVE AGENDA
P/47.9 DIRECTOR OF COMMUNITY DEVELOPMENT - Item 1. Recreational Vehicle Outdoor Storage
'qSX. BOARD OF ADJUSTMENTS AND APPEALS
XI. ECONOMIC DEVELOPMENT AUTHORITY
19q
XII. OTHER BUSINESS
PURCHASE AGREEMENT - City Acquisition of Property for Redevelopment, Northeast Eagan
Redevelopment District, Darcom Partnership Property, 2815 Dodd Road, and related stipulations and
relocation agreements and approve sale of the Darcom Property to Interstate Partners LLC in accordance
with the terms of the Amended and Restated Development Agreement dated December 23, 2002.
XIII. VISITORS TO BE HEARD (for those persons not on the agenda)
XIV. ADJOURNMENT
XV. EXECUTIVE SESSION
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.
II
r`
MEMO
city of eagan
MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 3, 2003
SUBJECT: AGENDA INFORMATION FOR OCTOBER 7, 2003 CITY COUNCIL MEETING
ADOPT AGENDA
After approval is given to the October 7, 2003 City Council agenda, the following items are in
order for consideration.
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
CONSENT AGENDA
The following items referred to as consent items require one (1) motion by the City Council. If the
City Council wishes to discuss any of the items in further detail, those items should be removed
from the Consent Agenda and placed under Old or New Business unless the discussion required is
brief.
A. APPROVE MINUTES
ACTION TO BE CONSIDERED:
To approve the minutes of the September 16, 2003 regular City Council meeting, the September
16, 2003 Listening Session and the September 9, 2003 Special City Council meeting as presented
or modified.
ATTACHMENTS:
• Minutes of the September 16, 2003 regular City Council meeting are enclosed on pages
3 through
• Minutes of the September 16, 2003 Listening Session are enclosed on page A2.
• Minutes of the September 9, 2003 Special City Council meeting are enclosed on pages
through.
MINUTES OF A REGULAR MEETING OF THE Fr
EAGAN CITY COUNCIL
Eagan, Minnesota
September 16, 2003
A regular meeting of the Eagan City Council was held on Tuesday, September 16, 2003 at 6:30 p.m. at the Eagan
Municipal Center. Present were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire. Also present
were City Administrator Tom Hedges, Senior Planner Mike Ridley, Public Works Director Tom Colbert, City
Attorney Mike Dougherty and Administrative Secretary / Deputy Clerk Mira McGarvey.
AGENDA
Councilmember Carlson asked that an item be added to the Administrative Agenda.
Councilmember Tilley moved, Councilmember Maguire seconded a motion to approve the agenda as amended.
Aye: 5 Nay: 0
RECOGNITIONS AND PRESENTATIONS
PICTURE EAGAN - AMATEUR PHOTO CONTEST WINNERS
Communications Director Garrison presented the winners of the amateur photo contest. A brief video showing the
entries and winners of the contest was shown.
CONSENT AGENDA
Items M, P, T, Y, and Z were pulled from the Consent Agenda.
Councilmember Tilley moved, Councihnember Fields seconded a motion to approve the balance of the Consent
Agenda. Aye: 5 Nay: 0
A. Minutes. It was recommended to approve the minutes of the September 2, 2003 regular City Council
meeting and the September 2, 2003 Listening Session as presented.
B. Personnel Items.
1. It was recommended to approve the hiring of Michael Riedlberger as a part-time
custodian/maintenance worker at the Community Center.
2. It was recommended to approve the hiring of Brad Champlin, Guy Dawson, Jeff Freeman and Ken
Freeman as part-time seasonal football officials.
3. It was recommended to approve the hiring of Bruce Barry and David Schomburg as part-time
seasonal basketball scorekeepers.
4. It was recommended to approve the hiring of Erin Swinton as a part-time Concessions/Building
Attendant at the Community Center.
5. It was recommended to accept the resignation of Henry Cho, Community Service Officer.
6. It was recommended to approve a one-time procedure whereby employees currently over the
allowable vacation balance limit may reduce their hours below that limit before December 31,
2004 and whereby no accruals in excess of the allowable limit will be permitted after that date.
7. It was recommended to approve 2003 budget adjustments to compensation for the City
Administrator in order to conform with State Statute 43A.17.
C. Check Registers. It was recommended to ratify the check registers dated September 4, 2003 and September
11, 2003 as presented.
D. Ordinance Amendment. It was recommended to approve an amendment to City Ordinance 10.30 regarding
curfew.
E. Ordinance Amendment. It was recommended to approve an amendment to City Ordinance 2.70, Disposal
of abandoned motor vehicles, unclaimed property and excess property".
F. Letter of Agreement. It was recommended to authorize staff to continue to work with Allco Financial
Corporation (Allco) in the evaluation and structuring of a possible lease/leaseback transaction for City
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Eagan City Council Meeting Minutes h
September 16, 2003 IJR F
Page 2
wastewater and drinking water assets; and authorizing the Mayor and City Clerk, subject to City Attorney
review and approval, to enter into a letter of agreement with Allco for purposes of evaluating the feasibility
of such a lease/leaseback transaction.
G. Change Order. It was recommended to approve change order number 14 to the Eagan Community Center
in the total amount of deduct of $12,571.
H. Change Order. It was recommended to approve change order #3, Eagan Central Park - Rotary Band Schell
in the amount of $4,065.
I. Contract. It was recommended to authorize Mayor Geagan to sign and execute contract documents for the
DNR Natural and Scenic Area Grant in the amount of $349,703 for the acquisition of the Lee and Laurel
Anderson property.
J. Final Subdivision. It was recommended to approve a Final Subdivision (Piney Woods) to create ten lot on
4.9 acres located south of Cliff Road and east of Dodd Road in the NW '/4 of 36.
K. Final Subdivision. It was recommended to approve a Final Subdivision (Centennial Ridge 2nd Addition) to
create two lots on approximately 3.1 acres located on the southeast corner of Diffley Road and Johnny Cake
Ridge Road in the NW '/4 of Section 28.
L. Final Subdivision. It was recommended to approve a Final Subdivision (Marcella Woods) to create 15
single family lots located at 4880 Pilot Knob Road in the SW '/4 of Section 34; subject to the conditions
listed in the August 19, 2003 City Council minutes.
M. Final Plat. (Nature Preserve) PULLED
N. Extension of Conditional Use Permits. It was recommended to approve a one-year extension of a
Conditional Use Permit for hotel in the BP, Business Park zoning district, on property located at 2775 Blue
Gentian Road, legally described as Lot 3, Block 1, Spectrum Business Park, in the NW '/4 of Section 2; and
to approve a one year extension of a Conditional Use Permit for a restaurant in the BP, Business Park
zoning district, on property located at 1030 Blue Gentian Road, legally described as Lot 1, Block 1,
Spectrum Business Park, in the NW '/4 of Section 2.
0. Final Plat. It was recommended to approve a Final Plat (Oak Cliff Place) to create one lot on approximately
two acres located south of Cliff Road and east of Nicols Road in the NE '/4 of Section 31.
P. Contract 01-13. PULLED
Q. AUAR Update. It was recommended to authorize the preparation of a 5 year update to the Grand Oak
AUAR by SRF Consulting Group, inc.
R. Revolving Loan Fund. It was recommended to approve or deny authorization to reactivate the Revolving
Loan Fund program and to direct the Economic Development Commission to prepare a Program
Application and Review Process for Council consideration.
S. 2003 Budget Adjustment. It was recommended to approve a 2003 General Fund budget adjustment
increasing the employee health insurance accrual line item by $56,300 and reducing the contingency
account by the same amount.
T. Lease Arreement. PULLED
U. Revised Minutes. It was recommended to approve a revision to page 3 of the August 19, 2003 City Council
minutes regarding an Interim Use Permit for Duke Realty Corp.
V. Project 817. It was recommended to approve the Public Works Committee Recommendation for Dispute
Resolution for Project 817 (Viburnum Trail - July 2000 Storm Mitigation Improvements) authorizing
payment for warranty repair work.
W. Resolution. It was recommended to approve a resolution supporting the Dakota County Economic
Development Partnership E-Commerce Ready Initiative and Authorize Submission of an Application to the
E-Commerce Certification Program.
X. Service A¢reement. It was recommended to approve a service agreement with Braun Inter-tech to perform a
Phase I Environmental Review for portions of the Nicols Ridge Development Property in the Cedar Grove
Redevelopment District, Braun Intertech, and Resolution to Give Notice of Intent to Enter to Affected
Property Owners.
Y. Ordinance Amendment. PULLED
Z. EVP Detector Installation. PULLED
Eagan City Council Meeting Minutes
September 16, 2003 DRAFT
Page 3
M. The City Attorney explained that the proposed approval of the final plat of Nature preserve to create one lot
on approximately 16 acres is separate from an issue later on the agenda regarding a variance request for an
actual building on the site.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve the Final Plat (Nature
Preserve) to create one lot on approximately eight acres located south of Yankee Doodle Road and east of
Coachman Road in the NW '/4 of Section 16. Aye: 5 Nay: 0
P. The benefits of the proposed improvements to Borhert Lane were discussed.
Councilmember Carlson moved, Councilmember Fields seconded a motion to reject the bids for Contract 03-13
(Borchert Lane - Street and Utility Improvements), and authorize re-advertisement for bids in early 2004.
Aye: 5 Nay: 0
T. Councilmember Tilley moved, Councilmember Carlson seconded a motion to continue consideration of
the telecommunication lease agreement with AT&T Wireless Services of MN, Inc. for an antenna
installation on the Safari Reservoir located at 2091 Royale Drive. Aye: 5 Nay: 0
Y. City Administrator discussed background information regarding the need for an ordinance amendment
restricting the placement of news racks, newsstands, and newspaper vending boxes.
Councilmember Fields moved, Councilmember Maguire seconded a motion to direct the City Attorney to
prepare an ordinance amendment, modeled after the City of Crystal, to restrict the placement of news racks,
newsstands, and newspaper vending boxes. Aye: 5 Nay: 0
Z. City Administrator Hedges discussed the proposed installation of an Advance Emergency Vehicle Pre-
Emption Detector for the intersection of Cliff Road and Galaxie Avenue, stating that Part II of the contract
in the amount is $16,855 is the amount to be considered.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to authorize the installation of an
Advance Emergency Vehicle Pre-Emption Detector for the intersection of Cliff Road and Galaxie Avenue,
award a contract to Collins Electrical Construction Co., in the amount of $16,855.00 to complete the work and
authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0
PUBLIC HEARINGS
VARIANCE - MANLEY LAND DEVELOPMENT
City Administrator Hedges introduced this item regarding a request for a three-foot Variance to the minimum ten-
foot side yard setback for living space at 690 Rosa Court. Senior Planner Ridley gave a staff report.
Mayor Geagan opened the public hearing.
Kurt Manley, representing the applicant, explained the request for the variance.
There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the
Council.
Councilmembers discussed the current setback requirements and agreed to have the Advisory Planning Commission
review the section of the City Code that addresses setbacks.
Councilmember Fields moved, Councilmember Tilley seconded a motion to approve a three foot Variance to the
minimum ten-foot side yard setback for living space at 690 Rosa Court, legally described as Lot 2, Block 2, Natures
Edge, in the NW '/4 of Section 36 subject to the following condition: Aye: 5 Nay: 0
so,
Eagan City Council Meeting Minutes DRAFT
September 16, 2003
Page 4
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the council. Such
extension shall be requested inn writing at least 30 days before expiration and shall state facts
showing a good faith attempt to complete or utilize the use permitted in the variance.
VARIANCE - MANLEY LAND DEVELOPMENT
City Administrator Hedges introduced this item regarding a request for variances for property located at 1560
Yankee Doodle Road. Senior Planner Ridley gave a staff report.
Mayor Geagan opened the public hearing.
Kurt Manley, applicant discussed the proximity of the cul-de-sac bubble to the adjacent property and the public
right-of-way and the spillover of snow onto the right of way. He stated he would be willing provide snow removal
should spillover occur.
There being no further public comment, Mayor Geagan closed the public hearing and turned discussion back to the
Council.
Councilmembers discussed the possibility of shifting the cul-de-sac (teardrop shape rather than circle)
Councilmember Carlson moved, Councihnember Tilley seconded a motion to approve a variance of 10 feet for
parking from the required 20 foot setback from a public right-of-way for property located at 1560 Yankee Doodle
Road in the NW '/4 of Section 16 subject to the following condition. Aye: 5 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the council. Such
extension shall be requested inn writing at least 30 days before expiration and shall state facts
showing a good faith attempt to complete or utilize the use permitted in the variance.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a variance of 19 feet for
pavement from the required 20 foot setback from a public right-of-way for property located at 1560 Yankee Doodle
Road in the NW of Section 16 subject to the following conditions. Aye: 5 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the council. Such
extension shall be requested inn writing at least 30 days before expiration and shall state facts
showing a good faith attempt to complete or utilize the use permitted in the variance.
2. A wall shall be constructed around the portion of the cul-de-sac closer than 10 feet to the new
right-of-way line.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve a variance of 18 feet from the
required 20 foot setback for pavement from a side yard adjacent to property guided QP, Quasi-Public for property
located at 1560 Yankee Doodle Road in the NW '/4 of Section 16 subject to the following condition. Aye: 5 Nay: 0
1. If within one year after approval, the variance shall not have been completed or utilized, it shall
become null and void unless a petition for extension has been granted by the council. Such
extension shall be requested inn writing at least 30 days before expiration and shall state facts
showing a good faith attempt to complete or utilize the use permitted in the variance.
L
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Eagan City Council Meeting Minutes
September 16, 2003 DRAFT
Page 5
LOT 9, BLOCK 2 LEXINGTON PARKVIEW ADDITION
EASEMENT VACATION
City Administrator Hedges introduced this item regarding a vacation of public easement within Lot 9, Block 2
Lexington Parkview Addition. Public Works Director Colbert gave a staff report.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Carlson moved, Councilmember Fields seconded a motion to approve the vacation of public
easement within Lot 9, Block 2 Lexington Parkview Addition and authorize the Mayor and City Clerk to execute all
related documents. Aye: 5 Nay: 0
GREYHAWK ADDITION EASEMENT VACATION
City Administrator Hedges introduced this item regarding a vacation of public drainage and utility easements within
Greyhawk Addition. Public Works Director Colbert gave a staff report.
Mayor Geagan opened the public hearing. There being no public comment, he closed the public hearing and turned
discussion back to the Council.
Councilmember Fields moved, Councilmember Carlson seconded a motion to approve the vacation of public
drainage and utility easements within Greyhawk Addition and authorize the Mayor and City Clerk to execute all
related documents. Aye: 5 Nay: 0
OLD BUSINESS
FINDINGS OF FACT, CONCLUSIONS AND RESOLUTION OF DENIAL - SAM'S WEST
City Administrator Hedges discussed this item regarding a request for a Planned Development Amendment to allow
motor fuel sales on Lot 3, Block 1, Eagandale Center Industrial Park No. 9.
The applicant discussed the original plans submitted for the Sam's Club site and requested that Council consider
alternatives to the circulation and traffic patterns within the parking lot that would be acceptable for the addition of
motor fuel sales.
Councilmember Maguire moved, Mayor Geagan seconded a motion to approve the Findings of Fact, Conclusions
and Resolution of Denial for a Planned Development Amendment to allow motor fuel sales on Lot 3, Block 1,
Eagandale Center Industrial Park No. 9. Aye: 4 Nay: 1 (Tilley opposed)
PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN)
City Administrator Hedges stated that the applicant has requested this item be continued to allow the completion of a
proposed lighting plan.
Councilmember Fields moved, Councilmember Carlson seconded a motion to continue consideration of a Planned
Development Amendment for Eagan Hotel Group to the October 7, 2003 City Council meeting. Aye: 5 Nay: 0
REDEVELOPMENT DISTRICT PROGRESS REPORT
City Administrator Hedges introduced this item regarding the status and proposed next steps for the continued
implementation of the Cedar Grove Redevelopment District. He stated that the Council received an update regarding
the status and proposed next steps for the continued implementation of the Cedar Grove Redevelopment District at
Eagan City Council Meeting Minutes
September 16, 2003
Page6 RAFT
their September 9, 2003 workshop. Two Councilmembers were unable to attend the meeting and the
Councilmembers present continued consideration of the action to this meeting.
Community and Economic Development Director Hohenstein made a brief presentation. Bill Pritchard representing
US Homes discussed the proposed exterior materials for the proposed townhome development. Councilmembers
requested sample materials and a more detailed presentation be made at a future meeting.
Councilmember Tilley moved, Mayor Geagan seconded a motion to approve an affirmation of the Vision, Goals and
Next Steps for the Cedar Grove Redevelopment District as outlined in the planning report. Aye: 5 Nay: 0
Mayor Geagan moved, Councilmember Maguire seconded a motion to approve the Revised Architectural Design for
the Nicols Ridge Row Homes as presented by US Homes.
Further discussion was held regarding the exterior materials for the building.
Mayor Geagan withdrew the motion.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of the Revised
Architectural Design for the Nicols Ridge Row Homes to the October 7, 2003 City Council meeting. Aye: 5 Nay: 0
Councilmember Maguire moved, Councilmember Carlson seconded a motion to approve the formation of a
subcommittee of the City Council (Carlson and Tilley ) to meet with City staff and consultants to clarify the City's
policies regarding property acquisition and private improvements of properties within Cedar Grove Redevelopment
District. Aye: 5 Nay:0
Councilmember Maguire moved, Councilmember Fields seconded a motion to call a recess of the regular City
Council meeting and immediately convene a meeting of the Board of Adjustments and Appeals. Aye: 5 Nay: 0
BOARD OF ADJUSTMENTS AND APPEALS
Board member Tilley moved, Board member Fields seconded a motion to convene a meeting of the Board of
Adjustments and Appeals. Aye: 5 Nay: 0
City Administrator Hedges introduced this item regarding an appeal to the City Council's denial of a rezoning of the
property located at 2785 Pilot Knob Road.
Robert Polski, representing Central Irrigation, made a presentation regarding the rezoning of the subject property.
He discussed the type of business Central Irrigation would be conducting on the site.
Board members discussed the proposed street connections, storage issues, classroom space and found the decision /
Findings of Fact for denial of a rezoning to be consistent with ordinance.
Board member Fields moved, Board member Carlson seconded a motion to affirm the Findings of Fact for Denial
adopted by the City Council on June 3, 2003. Aye: 5 Nay: 0
Board member Fields moved, Board member Tilley seconded a motion to adjourn the Board of Adjustments and
Appeals meeting at 9:00 p.m. Aye: 5 Nay: 0
Councilmember Fields moved, Councilmember Tilley seconded a motion to reconvene the City Council meeting at
9:00 p.m. Aye: 5 Nay: 0
COMMUNITY CENTER UPDATE
City Administrator Hedges updated the Council on current activities at the Community Center.
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Eagan City Council Meeting Minutes
September 16, 2003 DRAFT
Page 7
ADMINISTRATIVE AGENDA
Resolution of Support for the DNR Metro Greenways Grant Application for the McCarthy Farm.
City Administrator Hedges discussed a request for a resolution in support for Mr. Ptarick's McCarthy's application
for the DNR Metro Greenways Grant. Jack Conrad stated that Mr. McCarthy will be submitting his application in
partnership with the Friends of the Mississippi River and Friends of Patrick Eagan Park.
Councilmember Fields moved, Councilmember Tilley moved to adopt a resolution in support of Mr. Patrick
McCarthy's application for the DNR Metro Greenways Grant. Aye: 5 Nay: 0
October Special City Council Meetings
Councilmember Carlson moved, Councilmember Tilley seconded a motion to set a Special City Council workshop
for Tuesday, October 28, 2003. Aye: 5 Nay: 0
Councilmember Carlson discussed the need for a trail on the east side Federal Drive. The issued had been discussed
previously but continued to allow the completion of Central Park. Councilmembers agreed that discussion should be
held at an upcoming workshop.
Councilmember Tilley moved, Councilmember Fields seconded a motion to recess the regular City Council meeting
at 9:20 p.m. and immediately convene a meeting of the Economic Development Authority. Aye: 5 Nay: 0
The regular City Council meeting was reconvened at 9:22 p.m.
VISITORS TO BE HEARD
Alan Miller thanked Communications Director Garrison for the presentation he made to the Chamber of Commerce
regarding the grand opening of the Community Center.
ADJOURNMENT
Councilmember Tilley moved, Councilmember Fields seconded a motion to adjourn the meeting at
9:30 p.m. Aye: 5 Nay: 0
Date Deputy City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City
of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 675-5000, (TDD phone: (651) 454-8535).
The City of Eagan is committed to the policy that all persons have equal access to its programs, services, activities,
facilities and employment without regard to race, color, creed, religion, national origin, sex, disability, age, sexual
orientation, marital status or status with regard to public assistance.
0?
04
MINUTES OF A LISTENING SESSION Op
OF THE EAGAN CITY COUNCIL -
SEPTEMBER 16, 2003
6:00 P.M.
The Eagan City Council held a Listening Session on September 16, 2003 at 6:00 p.m.
In attendance were Mayor Geagan, Councilmembers Carlson, Fields, Tilley and Maguire.
Betty Fedde, representing the Eagan Charter Commission, requested complimentary
meeting space be provided for the Charter Commission at the municipal building. Ms.
Fedde also gave an overview of issues the Charter Commission has been reviewing. She
stated the Charter Commission would like a liaison from the City to attend Charter
Commission meetings.
Mayor Geagan directed Director of Administrative Services Van Overbeke to attend the
Charter Commission meetings when fiscal control issues were to be discussed. No
direction was given regarding the request for complimentary meeting space.
The Listening Session adjourned at 6:30 p.m.
Respectfully submitted,
Mira McGarvey
Administrative Secretary / Deputy City Clerk
v
I I
MINUTES
SPECIAL CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 9, 2003
5:30 P.M.
EAGAN MUNICIPAL CENTER - COMMUNITY ROOM
1. ROLL CALL AND AGENDA ADOPTION
City Councilmembers present: Mayor Geagan, Councilmember Fields and Councilmember
Maguire (Councilmembers Carlson and Tilley were not present).
Staff present: City Administrator Hedges, Assistant to the City Administrator Lord, Director
of Community Development Hohenstein, Senior Planner Ridley, Director of Administrative
Services VanOverbeke and City Attorney Dougherty.
City Administrator Hedges informed the Council that Councilmember Tilley would not be
present, as she is out of state visiting an ill family member. Hedges also noted that Councilmember
Carlson would not be present due to an injury.
Councilmember Fields moved; Councilmember Maguire seconded a motion to adopt the
agenda as presented. Aye: 3, Nay: 0
II. VISITORS TO BE HEARD
There were no visitors to be heard.
III. CONSIDERATION OF CITY CODE AMENDMENT TO PROVIDE VALID
REGULATION FOR VENDOR BOXES
City Administrator Hedges introduced the item noting that per the request of the City
Council, further research was conducted regarding the City's ability to restrict news racks, news
stands, or vendor boxes, such as those used to provide Job Digs employment guides. City
Administrator Hedges informed the City Council that per discussions with the City Attorney, the
City is not able to license vendor boxes, however, the City can restrict the boxes by location as long
as the locations are reasonable in the eyes of the law. The City Council discussed public safety
concerns, aesthetics, etc., regarding the vendor boxes. The Council also discussed the City of
Crystal's code, which restricts vendor boxes.
Councilmember Fields moved; Councilmember Maguire seconded a motion to include on the
September 16 Consent Agenda an item directing the City Attorney to prepare an ordinance
amendment modeled after the City of Crystal in regard to the restriction of vendor boxes. Also
included in the motion was direction for the agenda item to include restrictions regarding chaining
of vendor boxes to City poles. Aye: 3, Nay: 0
Special City Council Meeting Minutes
September 9, 2003
Page 2
IV. DIRECTION REGARDING DONATION OF HISTORIC HOMES
City Administrator Hedges introduced the item, noting that per the Council's direction, staff
researched the cost to relocate the historic home currently located on the property owned by Mr. and
Mrs. Copeland, as well as the home located on the former Sanford property, now being developed
by Manley Development, Inc. City Administrator Hedges provided a summary of the Historical
Society's input regarding the two homes. In the comments prepared by the Historical Society, they
noted that there was not a lot of internal historic value in the former Sanford home; however, there
are five other properties in Eagan with historic value, including the home located on the Copeland
site.
The City Council discussed the cost and value of preserving the two homes.
The City Council directed that the Historical Society provide more information regarding the
five properties that were noted as having historical value, and set criteria for determining historical
value of property. The Council also asked that the Historical Society discuss potential uses for the
properties with historic value. The Council also requested that the home located on the Copeland
property also be included in the Historical Society's analysis.
V. CONSIDERATION LETTERIRESOLUTION OF SUPPORT FOR METRO
GREENWAYS APPLICATION/CAPONI STUDY COMMITTEE UPDATE
City Administrator Hedges introduced the item noting that the Caponi Study Committee,
which includes Councilmembers Carlson and Maguire, has been in ongoing communication
regarding the Caponi property. Hedges stated that the Committee has requested that the Council
consider providing a letter or resolution of support to accompany the Metro Greenways Grant
Application being submitted by Mr. Caponi. Hedges presented a draft resolution for the Council's
consideration.
Councilmember Maguire noted the work that has been done thus far by the Council's
subcommittee regarding preparation of an agreement for purchase of a portion of the Caponi
property. Maguire stated that the City cannot commit to details of a funding plan at this time;
however, the City can offer support of preserving the land through a resolution.
Councilmember Fields moved; Councilmember Maguire seconded a motion to support the
resolution supporting Mr. Caponi's application for the DNR Metro Greenways Grant. Aye: 3, Nay:O
VI. UPDATE AND DISCUSSION FOR CEDAR GROVE REDEVELOPMENT AREA
City Administrator Hedges introduced the item, noting that the City Council requested an
opportunity to review the current status of the Cedar Grove Redevelopment Area and discuss policy
issues and program elements that pertain to the continued implementation of redevelopment activities in
the Cedar Grove area. Hedges introduced Community Development Director Hohenstein, who
presented a summary of the history of the Cedar Grove Redevelopment Area, as well as the current
status and potential future plans for the area, Hohenstein also summarized the project accomplishments
to date in the Cedar Grove area.
I I
Special City Council Meeting Minutes
September 9, 2003
Page 3
Hohenstein introduced Ms. Mary Bujold of Maxfield Research, Inc., who presented a report on an
updated market study for the Cedar Grove area. Ms. Bujold and Mr. Jim Prosser, of Ehlers and
Associates, discussed with the City Council the market study's implications for the redevelopment
programs contemplated in the various sub-districts of the Cedar Grove area.
The City Council recessed at 6:50 p.m. The City Council reconvened at 7:03 p.m.
The City Council discussed the process being taken with developers in the Cedar Grove area. The
Council also discussed the importance of transit in the area, including light rail and/or bus transit. The
City Council also discussed the various land use opportunities available in the area. The Council, along
with Director Hohenstein and Ms. Bujold, discussed the timing of redevelopment. Ms. Bujold and Mr.
Prosser both noted that redevelopment often takes an incremental approach, as projects underway
provide a stimulus for future development. The City Council discussed the traffic constraints that exist
in the Cedar Grove area. Hohenstein noted that the road improvements that have been made in the
Cedar Grove area have increased traffic capacity; however, traffic constraints still remain.
The City Council thanked Director Hohenstein for the very helpful presentation, and it was noted
that the next step is for the two absent City Councilmembers to view the tape of the presentation, and
schedule Council discussion either at the September 16 City Council meeting or at a workshop in
October. The Council inquired when a final vision needs to be determined; to which City Administrator
Hedges noted that a final decision on the vision is not needed immediately, however, a decision must be
made sometime soon for redevelopment to be successful. The City Council discussed the long term
visions and goals for the Cedar Grove area and noted that the goals would be reaffirmed at the
September 16 City Council meeting. The City Council discussed forming a subcommittee to address the
Cedar Grove Redevelopment Area, including certain financial questions; however, the Council chose to
withhold a decision on who would make up the committee until the September 16 City Council meeting.
The City Council discussed the proposed changes to the Nicols Ridge Development, as the
agreement has been reassigned from Delta Development to US Homes. The City Council discussed the
modifications being proposed. Director Hohenstein introduced Mark Parranto of Delta Development
and Bill Pritchard of US Homes. Mr. Pritchard provided a history of US Homes development, including
development in Eagan. Pritchard also explained the product being proposed for the Nicols Ridge
Development. The City Council discussed the changes in architecture being proposed. The City
Council voiced their support for the proposed architectural changes. The Council also was in consensus
that the phasing and performance guidelines for the Nicols Ridge Development are acceptable.
The City Council discussed the financing mechanisms for the Cedar Grove Redevelopment Area, in
particular, its designation as a Tax Increment Financing (TIF) District. The City Council, along with
Community Development Director Hohenstein, discussed the next steps in the redevelopment process
and financial questions that remain.
City Administrator Hedges summarized the discussions regarding the Cedar Grove Redevelopment
process, and noted that tapes of the September 9, 2003 City Council workshop would be provided to
Councilmembers Carlson and Tilley. Hedges also noted that the formation of a Cedar Grove Area
subcommittee will be included on the September 16 City Council meeting agenda.
Councilmember Maguire moved; Councilmember Fields seconded a motion to recess the City
Council meeting at 8:13 p.m.
Special City Council Meeting Minutes
September 9, 2003
Page 4
VII. ECONOMIC DEVELOPMENT AUTHORITY
The City Council convened as the Economic Development Authority (see September 9, 2003
Economic Development Authority minutes).
Councilmember Fields moved; Councilmember Maguire seconded a motion to reconvene as the
City Council. Aye: 3, Nay: 0 .
VIII. OTHER BUSINESS
Consider Revised TIF Development Plan / US Home Corporation
Councilmember Fields moved; Councilmember Maguire seconded a motion to continue the
Consideration of a Revised TIF Development Plan / US Home Corporation. Aye: 3, Nay: 0
Silver Bell Liquor
City Administrator Hedges inquired with the City Council about a new ownership proposal of
Silver Bell Liquor. Councilmember Fields noted that the establishment needs a new owner, rather than
a relative of the previous owner. The City Council was in agreement with Councilmember Fields.
IX. EXECUTIVE SESSION
City Administrator Hedges announced the following items that would be discussed in Executive
Session:
1.) Reiling v. The City of Eagan
2.) JP 47 Condemnation
3.) Dodd Road Assessment
4.) Legal Action by Doris Dahline v. The City of Eagan and Keystone Development
The City Council entered into executive session.
X. ADJOURNMENT
Councilmember Maguire moved; Councilmember Fields seconded a motion to adjourn the City
Council workshop at 8:30 p.m. Aye: 3, Nay: 0
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
B. PERSONNEL ITEMS
Item 1. Fall Protection Program
ACTION TO BE CONSIDERED:
To approve the Fall Protection Program for the City of Eagan.
FACTS:
• In conjunction with the City's risk management consultant, the Maintenance Safety
Committee and the Central Safety Committee have developed a formal Fall Safety
Program for the City of Eagan.
• The purpose of the program is to insure protection of employees from fall exposures,
through the use of recognized fall protection procedures and systems.
• The proposed program has been reviewed by the affected department heads and
supervisors and is now being presented to the City Council for their official approval.
• If any City Councilmember would like to read a copy of the complete program, please
contact Assistant City Administrator Duffy.
Item 2. Health Care Savings Plan
To approve an addition to the City's Personnel Policy offering a Health Care Savings Plan
participation opportunity to employees.
FACTS:
• In official action at the July 1, 2003, the City Council directed staff to proceed with
offering a Health Care Savings Plan (HCSP) to all City employees.
• A HCSP is an employee funded plan that allows employees to designate a portion of their
income, tax-free, into a savings plan that can be accessed, again tax-free, after retirement
or separation from the City to pay for eligible medical and dental expenses, including
insurance premiums.
• Staff has prepared an amendment to the City's Personnel Policy which allows employee
groups to participate in a HCSP.
• According to law, employees groups will then separately determine if the group wishes to
participate in this program and at what level of employee contribution.
• Each collective bargaining unit is classified as a separate group under a HCSP. A letter
of agreement allowing a collective bargaining group to participate in the program will be
executed separately with any unit that wishes to participate and will stipulate that group's
specific employee contribution.
• Individual group participation plans/letters of agreement will each be brought to the
Council for their approval prior to implementation.
ATTACHMENT:
Attached on page is a copy of the proposed Personnel Policy amendment.
/5**
PROPOSED
SECTION THIRTY-EIGHT
HEALTH CARE SAVING PLAN
38.1 Regular employees of the City of Eagan may participate in a Health Care Savings
Plan (HCSP) as members of specific employee groups.
38.2 The specific groups are:
a. Department Directors
b. FLSA Exempt Non-Collective Bargaining Employees
C. FLSA Non-Exempt Non-Collective Bargaining Employees
d. Clerical Collective Bargaining Unit
e. Dispatcher Collective Bargaining Unit
f. Public Works/Parks Maintenance Collective Bargaining Unit
g. Police Collective Bargaining Unit
h. Sergeants' Collective Bargaining Unit
38.3 Each group will separately determine whether the group wishes to participate in a
HCSP.
38.4 If a group chooses to participate, the group will determine the standard amount
and type of contribution every employee in that group will make.
I I
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
C. RATIFY CHECK REGISTERS
ACTION TO BE CONSIDERED: To ratify the check registers dated September 15, 2003,
September 22, and September 27, 2003 as presented.
ATTACHMENTS:
• Check registers dated September 15, 2003, September 22, 2003 and September 27, 2003
are enclosed without page number.
Agenda Memo
October 7, 2003
CONSENT AGENDA:
D. Lawful Gambling Exempt Permit for Faithful Shepherd Catholic School
ACTION TO BE CONSIDERED:
Approve Minnesota Lawful Gambling Application for Exempt Permit for Faithful
Shepherd Catholic School to hold a raffle Saturday, January 24, 2004.
FACTS:
• Faithful Shepherd Catholic School has applied with the Minnesota Gambling
Broad to hold a raffle on January 24, 2004.
• Staff has reviewed the application and deem it in order for approval
ATTACHMENT:
• Attached as page is a copy of the application.
/v
iii
Minnesota Lawful Gambling Page 1 of 2 06/03
For Board Use Only
LG220 Application for Exempt Permit Fee $50 Fee Paid
Organization Information Check No.
Organization name Previous lawful gambling exemption number
Fai-NWol hP J Colic School x -3ZZoS -03 -ool
Street City State/zip code County
3355 Col u,wb ic, Ur list MN 5512/ &.ko4m,
Name of chief executive officer (CEO) Daytime phone number of CEO
First name Last name Include area code
Nviskne. e& t( 657 406 LIN7 )(5309
Name of treasurer Daytime phone number of
First name Last name treasurer. Include area code
-ilmes 14~sc~►k~, 4o(A) Wo-l -05-7g
Type of Nonprofit Organization
Check the item that best describes ur organization:
_ Fraternal Religious
Veteran _ Other nonprofit organization
Check the item that indicates the type of proof your organization attached to this application:
_ IRS letter indicating income tax exempt status
_ Certificate of Good Standing from the Minnesota Secretary of State's Office
A charter showing you are an affiliate of a parent nonprofit organization
Proof previously s-ubmitted and on file with the Gambling Control Board
Gambling Premises Information
Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place)
aj. -ul Sltie.pW8 CJAICIRCI SChco i
Address (do not use PO box) City :t!telzipcDde County
3355 CotUM1016, Dr M>J S,SIZI L~C,k-o~Zc.
Date(s) of activity (for raffles, indicate the date of the drawing)
Scju r84wj , Ja. UC-r j 24, Zoo q
Check the item(s) that indicate the type of gambling activity your organization will be conducting:
`Bingo Raffles (cash prizes may not exceed $12,000) - "Paddlewheels - `Pull-tabs _ `Tipboards
`Equipmentfor these activities must be obtained from a licensed distributor.
This form will be made available In name and address will be public Board whose work assignment requires
alternative format (i.e. large print, Braille) information when received by the Board. that they have access to the information;
upon request. The information requested All the other Information that you provide the Minnesota Department of Public
on this fonn (and any attachments) will be will be private data about you until the Safety; the Minnesota Attorney General;
used by the Gambling Control Board Board issues your permit. When the Board the Minnesota Commissioners of
(Board) to determine your qualifications to issues your permit, all of the information Administration, Finance, and Revenue; the
be involved in lawful gambling activities in that you have provided to the Board in the Minnesota Legislative Auditor, national and
Minnesota. You have the right to refuse to process of applying for your permit will international gambling regulatory agencies;
supply the information requested; however, become public. If the Board does not issue anyone pursuant to court order; other
if you refuse to supply this information, the you a permit, all the information you have individuals and agencies that are
Board may not be able to determine your provided in the process of applying for a specifically authorized by state or federal
qualifications and, as a consequence, may permit remains private, with the exception law to have access to the information;
refuse to issue you a permit. If you supply of your name and your organization's name individuals and agencies fur which law or
the information requested, the Board will and address which will remain public, legal order authorizes a new use or sharing
be able to process your application. Private data about you are available only to of information after this Notice was given;
Your name and and your organization's the following: Board members, staff of the and anyone with your consent.
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
E. APPROVE CIVIC ARENA CAPITAL EXPENDITURES
ACTION TO BE CONSIDERED: Approve capital expenditures from the `Repair
and Replacement' and `Retained Earnings' funds prior to January 1, 2004.
FACTS:
• City Council approved the Civic Arena budget at their August 4, 2003 regular
meeting.
• Capital expenditures are detailed under two primary accounts; the Repair and
Replacement fund and the Retained Earnings fund.
• Out of that list, staff identified the following five items that need to be acquired prior
to January 1, 2004.
• Expenditures listed in the table (below) neither increase nor decrease the approved
2004 Civic Arena budget.
Batteries for resurfacers $10,000.00 Repair and Replacement
Expansion Tank $3,000.00 Retained earnings
Vending Machines $2,500.00 Retained earnings
Convection Oven $3,000.00 Retained earnings
Computer $1,800.00 Retained earnings
ATTACHMENTS:
• None
III
Agenda Memo
October 7, 2003
CONSENT AGENDA:
F. PROCLAMATION - "MAKE A DIFFERENCE DAY"
ACTION TO BE CONSIDERED:
Proclaim October 25, 2003 as "Make a Difference Day" in Eagan
FACTS:
• USA WEEKEND Magazine and the Points of Light Foundation each year issue a
call to action, challenging Americans to spend one Saturday "making a
difference" in their communities and in the lives of others.
• Citizens are urged to learn who needs help in the community and take action.
ATTACHMENT:
• Attached is a letter from the Pre^ ide nt of USA Weekend magazine requesting the
proclamation. per, ,Pte ala
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MAKE A DIFFERENCE DAY
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DOING GOOD
POINTS OF LIGHT
AWARD JUDGES
PAUL NEWMAN July 18, 2003
Founder antl President
Newman's Own, Inc.
MAR71NA McBRIDE
Country Music Artist Dear Mayor:
ROBERT K. GOODWIN
President and CEO
Points of Light Foundation you make a difference in your city every day. We invite you to make a
MARCIA BULLARD
President, CEO & Editor difference for the nation this October 25.
USA WEEKEND Magazine
Each year, USA WEEKEND Magazine and the Points of Light Foundation
ADVISORY BOARD issue a national call to action, challenging Americans to spend one Saturday
DEBORAH BRITTAIN
President "making a difference" in their communities and in the lives of others. Last
The Assoc iation of Junior Leagues
International, Inc. year, 3 million volunteers participated in nearly 5,200 projects. Citizens in
STAN CURTIS your city will organize many new activities for this October 25.
Founder
USA Harvest
DON FLOYD We hope you will officially support and personally join in this action by
Presidem
National 4-H Council issuing a Make A Difference Day proclamation in your city.
MILLARD FULLER
Founder and President
Habdat for Humanity International We are eager to share your Make A Difference Day project plans with
CHARLES GOULD USA WEEKEND's 49 million readers. If you'd like to participate in a project
National President
Volunteers of America or plan one with your family, staff or entire city, we can help. Please visit our
5 HE LBY HAMLETT website at www.makeadifferenceday.com, call the hotline at 1-800-416-3824
International President
General Fetle ration of or send e-mail to diffday@usaweekend.com.
Women's Clubs
IE NNIFFR HOWSE
P -mem Thank you for your leadership.
March of Dimes Foundation
ARI CEEOHO~' Sincerely,
COOL
NAOMIIUDD
Entertainer VyY rW~'[J
RV e Marcia Bullard Robert K. Goodwin
President and d cro
The Nat- IAssembty President, CEO & Editor President & CEO
COLLIN
Music RAVE Artist
" y M
Co.," A WEEKEND Magazine Points of Light Foundation
CRISTINA SARALEGUI
Ta IF, S how Host
BILL SHORE
Founder
S hare Our Strength
RAVMON D C. 515 K
C om in a nde r-Ih-C hief
Veterans of Foreign Wars
of the United States
KEVIN STUART
F-ut- Director
P rgect America
USA WE E KE N D 7950 Jones Branch Dr. McLean, VA 221 07 (703) 854-6445 FAX (703) 854-2122
POINTS OF LIGHT FOUNDATION 1400 Eye Street, N.W Suite 800 Washington, D.C. 20005 (202) 729-8000 FAX (202) 729-81 DO
vawv. ma ke a diffe re nce day corn
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Agenda Memo
October 7, 2003
CONSENT AGENDA
G. PROCLAMATION - NATIONAL BUSINESS WOMEN'S WEEK
ACTION TO BE CONSIDERED:
Approve Proclamation proclaiming October 20-24, 2003 as National Business
Women's Week in Eagan.
FACTS:
• The Minnesota Federation of Business and Professional Women Clubs,
Inc. is an affiliated national organization whose purpose is to promote full
participation, equity, and economic self-sufficiency for American's
working women.
• The organization was charted in 1920 and has been an advocate for
working women ever since.
• A request for this proclamation was received by Kate S.H. Malmon, Chair
of the Minnesota Business and Professional Womens' Club.
ATTACHMENTS:
• A copy of the letter from Ms. Malmon to Mayor Geagan is attached as
page number!;-Y-.
^r
• A copy of the proposed proclamation is attached as page number ~
c23
www.bpwusa.org S~P,1
September 14, 2003
Mayor Pat Geagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: National Business Women's Week, October 20-24,2003
Dear Mayor Geagan,
The Minnesota Federation of Business and Professional Women Clubs, Inc. (BPW/MN) is
proud to be affiliated with a national organization, BPW/USA, whose purpose is to promote
full participation, equity, and economic self-sufficiency for America's working women.
BPW/MN was charted in 1920 and has been an advocate for working women ever since.
The third week in October is recognized as National Business Women's Week (NBWW). It
was first celebrated in 1928. This year marks the 75 h anniversary of this important week.
Local, state, and national BPW organizations have special programs, news releases/articles,
and awards during this week. The planning has begun for this year's events.
South of a River BPW would be much honored to have you as our guest to present a
proclamation or letter recognizing National Business Women's Week at our monthly meeting
in October. This meeting will be October 21, 2003, at the Cherokee Sirloin room in Eagan.
A sample proclamation is attached for you to review.
If you have any questions, I can be reached at 612-867-5025. Any correspondence can be
sent to the address below. Please be sure to visit both our BPW/MN and BPW/USA web sites
at www.bpwmn.org and www.bpwusa.org for more information.
Thank you for your recognition of this special event. It is greatly appreciated.
Best Personal Wishes,
Kate S.H. Mahnon
BPW/MN NBWW Chair
8460 Kimball Dr.
Eden Prairie, MN 55347
www.bpwmn.org
a~1
CITY OF EAGAN
PROCLAMATION
75TH ANNUAL NATIONAL BUSINESS WOMEN'S WEEK
WHEREAS, working women constitute 66 million of the nation's work force
and strive to serve their communities, their states and their nation in professional, civic
and cultural capacities;
WHEREAS, women-owned businesses account for 28 percent of all U.S.
business, generating $1.15 trillion in sales;
WHEREAS, the major goals of Business and Professional Women/USA are to
promote equality for all women and to help create better conditions for workingwomen
through the study of social, educational, economic and political problems; all of us are
proud of their leadership in these many fields of endeavor;
WHEREAS, for 75 years Business and Professional Women/USA has been
spotlighting the achievements and contributions of working women during National
Business Women's Week,
THEREFORE be it further resolved that the Mayor and City Council do hereby
proclaim October 20 through October 24, 2003,
NATIONAL BUSINESS WOMEN'S WEEK
CITY OF EAGAN
By:
Its Mayor
Attest:
Its Clerk
Motion made by:
Seconded by:
Those in favor: All
Those against: None
Date: October 7, 2003
CERTIFICATION
1, Maria Petersen, City Clerk of the City of Eagan, Dakota County, Minnesota, do hereby
certify that the foregoing resolution was duly passed and adopted by the City Council of
the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled
this 7`'' day of October, 2003.
Maria Petersen, City Clerk
c2J
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
/V Certification of Delinquent Utilities
ACTION TO BE CONSIDERED:
To approve a Public Hearing for Delinquent Utility Bills.
FACTS:
There are several delinquent utility bills that need to be certified to Dakota County for
collection with the property taxes.
~6
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
1. SET PUBLIC HEARING DATE FOR NOVEMBER 6, 2003 TO CERTIFY
DELINQUENT FALSE ALARM BILLS
ACTION TO BE CONSIDERED:
To set a public hearing for November 6, 2003 to consider the final assessment of the delinquent
false alarm bills and certify them to Dakota County for collection with property taxes.
FACTS:
• On a semi-annual basis, the City reviews and considers delinquent false alarm balances for
certification to property tax statements for collection.
• The City currently has 5 delinquent accounts in the amount of $1,320.00. Additional
information will be provided at the time of the public hearing.
J. SET PUBLIC HEARING DATE FOR NOVEMBER 6, 2003 TO CERTIFY
DELINQUENT BOARD UP SERVICE BILLS
ACTION TO BE CONSIDERED:
To set a public hearing for November 6, 2003 to consider the final assessment of the delinquent
board up service bills and certify them to Dakota County for collection with property taxes.
FACTS:
• On a semi-annual basis, the City reviews and considers delinquent board up service balances
for certification to property tax statements for collection.
• The City currently has 1 delinquent account in the amount of $1196.80. Additional
information will be provided at the time of the public hearing.
a~
Agenda Information Memo
October 7, 2003
K. DIRECT PREPARATION OF ORDINANCE AMENDMENT. CHAPTER 5,
WINE, BEER AND LIQUOR LICENSING AND REGULATION
ACTION TO BE CONSIDERED:
To direct the City Attorney's office to prepare an ordinance amendment to Chapter 5,
entitled wine, beer and liquor licensing and regulation.
BACKGROUND:
• During the 2003 Legislative Session, the Minnesota Legislature made several
legislative changes to the laws governing liquor licensing and regulation, Minn. Stat.
§340A.413, exclusions from on-sale intoxicating liquor license limits and §340A.504,
3.2 percent malt liquor hours of sale, in particular. As a matter of housekeeping, staff
is bringing the proposed changes to the Council's for their consideration of action.
EXCLUSIONS FROM ON-SALE INTOXICATING LIQUOR LICENSE LIMITS
FACTS:
• MS 340A.413, subdivision 4 allows for exclusions from on-sale liquor license limits
which are imposed on cities based upon their population. The statutory language now
reads as follows: On-sale intoxicating liquor licenses may be issued to the following
entities by a city, in addition to the number authorized by this section:
o Clubs, or congressionally chartered veterans organizations;
o Restaurants (new language);
o Establishments that are issued licenses to sell wine under section 340A.404,
subdivision 5;
o Theaters that are issued licenses under section 340A.404
o Hotels (new language); and
o Bowling centers (new language).
• Prior to this change, the City of Eagan was authorized to issue 37 on-sale liquor
licenses. The Council designated their distribution as follows: Hotels - 3;
Restaurants - 27; Unallocated - 7. The City has currently issued 26 on-sale
intoxicating liquor licenses: Restaurants - 24; Hotels - 2.
• At this point, the City imposed restrictions allow for an additional license to be issued
to a hotel, three to restaurants and seven unallocated, thus totaling 11 remaining
licenses.
• By incorporating the new statutory language into the City Code, there would
effectively be no limit to the number of on-sale intoxicating liquor licenses the City
a~
could issue. The Council may still desire to impose a cap and/or determine the
numbers to be allocated to particular establishments, i.e. restaurants and hotels.
HOURS OF 3.2 PERCENT MALT LIQUOR SALES
FACTS:
• On July 15, 2003, the City Council approved an ordinance amendment to coincide
with new statutory language to allow intoxicating liquor and 3.2% malt liquor on-sale
establishments to stay open until 2:00 a.m.
• Inadvertently, Section 5.34 of the City Code pertaining to 3.2% sales was not changed
to reflect the new hours for on-sale 3.2% establishments as authorized by Council.
• Additionally, at that time, staff understood the change to affect only on-sale
establishments; however, after an off-sale 3.2% malt liquor establishment contacted
the City regarding the hours of off-sale malt liquor establishments, it was determined
that the change to state law allows both on and off-sale 3.2% liquor sales to be made
until 2:00 a.m.
• The ordinance amendment would correct the oversight regarding the on-sale hours of
3.2% malt liquor thereby allowing establishments to sell 3.2% malt liquor until 2:00
a.m. It would also allow off-sale hours for 3.2% malt liquor to be extended to 2:00
a.m., if the Council so desires.
• The proposed ordinance amendment will be placed on the October 21, 2003 City
Council agenda under New Business.
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
L. CONTRACT 02-11, DODD ROAD-CLIFF RD TO 120TH ST (BUTWIN ROAD)
STREET & UTILITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. 3 to Contract 02-11
(Dodd Road, Cliff Road to 120''' Street (Butwin Road) - Street, Utility and Trail
Improvements) and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• Contract 02-11 provides for the upgrade of Dodd Road, from Cliff Road to 1201"
Street, from a rural design to an urban design, including a trail. The improvements
include the installation of sanitary sewer, water main and storm sewer. (Project 751R)
• The change order provides for the following:
o Installation of a rain water garden, not anticipated under the original contract,
on the east side of the cul-de-sac at the south end of Dodd Road. The rain water
garden was requested by Dakota County Parks as part of the negotiation for the
easement for the sediment basin within Lebanon Hills Regional Park. The
purpose of the garden is to provide a decorative location for the infiltration of low
flow storm runoff and snow melt. It demonstrates what the County Parks
Department would like to see occur in the developing drainage area adjacent to
the regional park. This change order provides for an ADD of $7,674.25.
• The costs of the related change order items are all consistent with the bid prices for
relevant bid items on other projects within the city.
• This change order has been reviewed by the Engineering Division and found to be in
order for favorable Council action.
• The change order provides for a total additional cost of $7,674.25 (0.49% of original
contract). The associated expenditure will be the responsibility of the Major Street
Fund.
20
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
M. TRAFFIC SIGNAL MAINTENANCE AGREEMENT - TOWN CENTER DR.
& DUCKWOOD DR.
ACTION TO BE CONSIDERED: Approve Traffic Signal Maintenance Agreement
#03-03 with Dakota County for Town Center Dr. & Duckwood Dr. and authorize the
Mayor and City Clerk to execute all related documents.
FACTS :
• Of the more than 59 signal systems in the City of Eagan, the City is responsible for
only two of them (Cliff Lake Rd. @ Target Entrance and Denmark Ave. @ Town
Center Dr.) All the others are under the County or State's jurisdiction and
maintenance.
• It is more cost effective for the City to contract out all signal system maintenance to
Dakota County than to assume this work internally. The City currently has a
maintenance agreement for the previously referenced 2 signals.
• Contract 03-01 provided for the installation of a new signal at the intersection of
Town Center Dr. and Duckwood Dr. This signal will also be the maintenance
responsibility of the City. Similar to the other 2 signals, it is advantageous for the City
to enter into a similar maintenance agreement with Dakota County.
• This agreement has been reviewed by the Public Works Department and City
Attorney, and after incorporating requested revisions, it is now in order for the
Council's consideration of formal approval.
31
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
N. SOUTH DODD ROAD
RIGHT-OF-WAY VACATION
ACTION TO BE CONSIDERED: Receive the petition to vacate public right-of-way
and schedule a public hearing to be held on November 3, 2003.
FACTS:
• On September 17, 2003, City staff received a petition from Mr. Rich Ragatz,
representing the owners, Roger and Stuart Weierke (660 Cliff Road), requesting the
vacation of public right-of-way on a portion of the Dodd Road right-of-way adjacent
to the property located south of Cliff Road in southeast Eagan.
• The portion of Dodd Road adjacent to the property was re-aligned in 2002 as part of
the Dodd Road Street & Utility Improvements (City Project No. 751R) to better align
with Cliff Road. The re-alignment shifted the roadway to the west, creating
potentially excess right-of-way in the area.
• The right-of-way covered the previous alignment of Dodd Road.
• The purpose of the request is to allow the incorporation of potentially excess right-of-
way area into the subdivision plat of the adjacent property. The City has received an
application for preliminary subdivision scheduled for consideration by the Council on
November 18, 2003.
• Notices will be published in the legal papers and sent to all potentially affected and/or
interested utilities for comment prior to the scheduled public hearing.
ATTACHMENTS:
• Location Map, page3 .
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WESCOrr RD. • 800
WESCOTT ROAD
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DIFFLEY ROAD DIFFLEY ROAD 4200
(OD. RD. 30) 1 4
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Vacation
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-OFF Rogo CLIFF ROAD
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ROSEMOUNT
Gwacations\YANKEE DR
660 Cliff Road
4~ > Wierke Property 10/03/03
City of Eagan Proposed Easement Vacation - Location Map
33
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
0. PROJECT 806R, KENNERICK ADDITION (POND HDP-1)
STORM SEWER IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 806R
(Kennerick Addition, Pond HDP-1 - Trunk Storm Sewer Improvements) with the owners
of Parcel No. 10-88800-104-00 and authorize the Mayor and City Clerk to execute all
related documents.
FACTS:
• Project 806R provides for the installation of a storm sewer outlet and pond
improvements for Pond HDP-1 on the north side of Lone Oak Road (County Road
26), west of Pilot Knob Road (County Road 31). The storm sewer from Pond HDP-1
to Pond HP-11 will serve the proposed Kennerick Addition and additional adjacent
properties as outlined and discussed in the feasibility report.
• On June 5, 2001, the City Council approved Project 806, including the acquisition of
all necessary easements. The City Council revised the scope of the improvements
and approved Project 806R on April 15, 2003.
• The storage of water within Pond HDP-1 above the Normal Water Level, the grading
of the sedimentation basin and the installation of the storm sewer pipe requires the
acquisition of numerous permanent and temporary easements from the adjacent
properties.
• Appraisals were obtained for all required easements. The estimated value of the
easement for this property indicated a value of $22,620.00. An offer was accordingly
forwarded to the property owners. The property owners rejected the offer and
secured a legal representative.
• In order to settle and avoid additional costs in attorney fees and commissioner's
hearings, staff has suggested an offer of $23,620.00 as an appropriate alternative.
The property owner has consented to this offer.
• An agreement between the City of Eagan and the owners of Parcel 10-88800-104-00
has been prepared providing for the acquisition costs for the necessary easement.
• Engineering staff and the City Attorney's office have reviewed the agreement and
found it to be in order for favorable Council action.
ISSUES:
• If the City Council would desire to discuss this item, it would be appropriate to direct
any discussion to a Closed Session due to its pending litigation status for easement
acquisition.
2~V
~I
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
P. CONTRACT 02-09,CENTRAL PARKWAY
STREET & UTILITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve the final payment in the amount of
$83,469.42 to Ingram Excavating, Inc. and accept the improvements for perpetual
maintenance subject to warranty provisions.
FACTS:
• Contract 02-09 provided for the new construction of street and utilities for Central
Parkway from Yankee Doodle Road to the entrance to the Community Center. The
work also included the construction of a stub of the future Quarry Road on the west
side of Central Parkway.
• The work under Contract 02-09 has been completed, inspected by representatives of
the Public Works Department and found to be in compliance with the approved plans
and specifications, and is in order for favorable Council action of final payment and
acceptance for perpetual maintenance subject to warranty provisions.
3S
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
0. PROJECT 771, LEXINGTON AVENUE
STREET UPGRADE & TRAFFIC SIGNAL 1WROVEMENTS
ACTION TO BE CONSIDERED: Approve an Easement Agreement for Project 771 (Lexington
Avenue - Street Upgrade and Traffic Signal Improvements) with the owner of Parcel No. 10-
22515-030-01and authorize the Mayor and City Clerk to execute all related documents.
FACTS:
• The City of Eagan was the lead agency in partnership with the Dakota County Highway
Department in the upgrade of Lexington Avenue (CSAH 43) to a four-lane divided highway
between Lone Oak Road and Yankee Doodle Road and included the installation of new
traffic control signals at the intersections of Northwood Parkway/Neil Armstrong Boulevard
and Clubview Drive.
• The upgrade of Lexington Avenue required the acquisition of numerous permanent and
temporary easements from the adjacent properties.
• Appraisals were obtained for all required easements. The estimated value of the easements
for this property indicated a value of $60,800.00. An offer was accordingly forwarded to the
legal representatives of the property. Their counter offer was more than double the City's
offer.
• The property had considerable landscaping installed as a condition of the owner's
development of the parcel. Due to the upgrade of Lexington Avenue, all of the landscaping
on the west side of the property was removed. A large retaining wall was installed along the
west property line due to significant grading revisions.
• A review of the previous appraisal has indicated a likely significant increase in the value of
the compensation for the damages associated with the easements. In order to settle and avoid
additional costs in attorney fees and commissioner's hearings, staff has suggested an offer of
$105,800.00 as an appropriate alternative. ($35,000 of the total offer would be paid after the
replacement of landscaping as indicated in a staff reviewed plan.) The property owner has
consented to this offer.
• The City Council granted set back variances to the existing parking lots for this and other
properties due to the impacts of the street upgrade. The prepared agreement states that in the
event the owner, or its successor, expands the parking lot, the City will similarly grant a
variance to allow the same parking lot set back for the expanded parking lot that will abut
Lexington Avenue.
• An agreement between the City of Eagan and the owner of Parcel 10-22515-030-01, Lot 3,
Block 1, Eagandale Corporate Center, has been prepared providing for the acquisition cost
for the necessary easements.
• Engineering staff and the City Attorney's office have reviewed the agreement and found it to
be in order for favorable Council action.
ISSUES:
• If the City Council would desire to discuss this item, it would be appropriate to direct any
discussion to a Closed Session due to the pending litigation status of this easement
acquisition.
346
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
R. PROJECT 886, LONE OAK ROAD
TRUNK WATER MAIN IMPROVEMENTS
ACTION TO BE CONSIDERED: Receive the Draft Feasibility Report for Project 886
(Lone Oak Road - Trunk Water Main Improvements) and schedule a public hearing to be
held on November 3, 2003.
FACTS:
• On November 19, 2002, the City Council amended the City's 5-Year Capital
Improvement Program (CIP) (2003-2007) by reprogramming to 2004 the upgrade of
Lone Oak Road (4-lane divided street with trails) from Highway 55 to the Inver Grove
Heights border, including street improvements, the installation of trunk water main and
storm sewer.
• On March 4, 2003, the City Council authorized the preparation of a feasibility report by
the City Engineer to define the scope, cost, schedule and method of financing the
upgrade of this section of Lone Oak Road and the associated utilities.
• On June 3, 2003 the City Council formally adopted the City's 5 year CIP (2004-2008)
which included the upgrade of Lone Oak Rd. for 2004.
• Dakota County has prepared their CIP for 2004-2008. Due to reductions in the projected
traffic volumes on Lone Oak Road and significant funding shortfalls for Dakota County
transportation improvements, the Lone Oak Rd upgrade was deleted from their 5-year
plan.
• On August 4, 2003, the City Council modified the City's adopted 2004-2008 CIP to also
delete the upgrade of Lone Oak Road.
• Also on August 4, the City Council authorized a revised scope for Project 886 (Lone Oak
Road - Street and Utility Improvements) and the preparation of the feasibility report to
strictly address the trunk water main improvements only.
• The installation of trunk water main across Highway 55 to the Gift of Mary site is
complete. This extension of the water main trunk along Lone Oak Road is required to
complete the looping of the water system for the opening of the Gift of Mary
development.
• An informational neighborhood meeting will be held with the adjacent property owners
prior to a public hearing to review and discuss the proposed improvements.
• A draft of this Feasibility Report has been prepared and is being presented to the Council
for their consideration of scheduling a public hearing for November 3, 2003.
ATTACHMENTS:
• Draft Feasibility Report, attached without page numbers.
3~
Agenda Information Memo
October 7, 2003 Eagan City Council
S. RESOLUTION OF SUPPORT AUTHORIZING APPLICATION FOR
PREDEVELOPMENT GRANT - CITY OF EAGAN
ACTION TO BE CONSIDERED:
To Authorize resolution of support for application for Predevelopment Grant.
FACTS:
➢ The Predevelopment Grants are supported by grants from the Minneapolis Foundation
and Family Housing Fund. The program is being administered by the Metropolitan
Council.
➢ The purpose of this one-time $300,000 grant fund is to assist reinvestment activities that
support housing production in cases where plans are complete but necessary support to
implement the plans is not available. The program encourages redevelopment, infill, and
adaptive reuse.
➢ Staff has requested funding to be used for property appraisals and Phase I Environmental
studies on properties located within the Cedar Grove Redevelopment area that the City
will need to acquire.
ATTACHMENTS (1):
Resolution, page
29
RESOLUTION NO.
CITY OF EAGAN, MINNESOTA
AUTHORIZING APPLICATION
FOR A PREDEVELOPMENT GRANT
WHEREAS the City of Eagan has identified a proposed project within the City that meets the Predevelopment Grant
purpose and criteria; and
WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project
administration; and
WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the contract
agreements; and
WHEREAS the City Council of the City of Eagan, Minnesota agrees to act as legal sponsor for the project contained
in the Predevelopment Grant application submitted on September 15, 2003;
BE IT FURTHER RESOLVED that the City Administrator is hereby authorized to apply to the Metropolitan
Council for this funding on behalf of the City of the City of Eagan and to execute such agreements as are necessary to
implement the project on behalf of the applicant.
Pat Geagan Maria Petersen
Mayor City Clerk
Dated: October 7, 2003
Agenda Information Memo
October 7, 2003 Eagan City Council
T. ORDINANCE AMENDMENT UPDATING CHAPTER 11 IN ITS
ENTIRETY - CITY OF EAGAN
ACTION TO BE CONSIDERED:
To Approve the ordinance amendment updating Chapter 11 in its entirety.
To Approve the ordinance summary.
To Authorize and direct the City Attorney's office to publish the ordinance summary.
FACTS:
➢ The Chapter 11 update is before the City Council again due to an oversight that resulted
in key elements missing from the update that was originally subject to an APC Public
Hearing held in April 2002 and ultimately adopted by Council on October 17, 2002.
➢ At their regular meeting on September 23, 2003, the Advisory Planning Commission held
a Public Hearing and recommended approval of the Chapter 11 Update.
ATTACHMENTS (2):
September 16, 2003 City Attorney Memo, age.
Ordinance Summary, page through
/ 0
SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
TO: Eagan City Council
FROM: City Attorneys' Office
DATE: September 16, 2003
RE: Revised Chapter 11 - Zoning Code Ordinance Amendment
Our File No. 206-20332
On December 17, 2002, the Eagan City Council adopted and approved the new zoning code for
the City of Eagan. Subsequent to its enactment and publication, codification revisions were
required. Staff also discovered that specific provisions of the old zoning code were inadvertently
omitted from new zoning code.
The attached ordinance amendment is a revised new zoning code incorporating all of the
provisions which were inadvertently omitted from the original version in December 2002, along
with miscellaneous clerical revisions. Additionally, our office incorporated revisions to the
definitions regarding singe and multiple family dwelling units. These revisions are in the wake
of an issue raised in a recent civil injunction zoning case our office handled for the City. (These
changes are noted by underlines in the text of the ordinance.
Because certain provisions were omitted from the original new zoning code and now have to be
added, these revisions are deemed substantive and thus, a public hearing for this ordinance
amendment is necessary.
Our office recommends approval of the attached revised new zoning code in Chapter 11 of the
City Code. Additionally, this office recommends approval of the attached ordinance amendment
summary, which will be published in lieu of the new zoning code in its entirety.
SKWjIt
q1
CITY OF EAGAN
ORDINANCE NO.
SECOND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA AMENDING CHAPTER
I 1 OF THE EAGAN CITY CODE REGARDING LAND USE REGULATIONS
(ZONING).
The following is the official summary of Ordinance No. as approved by the City Council
of the City of Eagan on , 2003:
Chapter 11 of the Eagan City Code, governing zoning regulations, is hereby amended regarding
the following:
11.10 Intent and Purpose
11.20 Rules of Language Construction
11.30 Definitions
11.40 General Provisions
Subd. 1. Application
Subd. 2. Separability
Subd. 3. Lot provisions
Subd. 4. Required yards and open space
Subd. S. Accessory buildings and structures
Subd. 6 Traffic visibility
Subd. 7. Public utility service
Subd. 8. Structures in public rights-of-way
Subd. 9. Nonconforming structures and uses
11.50 Administration and Enforcement
Subd. 1. Enforcing Officer
Subd. 2. Board of Adjustments and Appeals
Subd. 3. Variances
Subd. 4. Conditional Use Permits
Subd. S. Zoning Amendments
Subd. 6 Interim Use Permits
11.60 Use Districts and Overlays
Subd. 1. Classification
Subd. 2. Zoning map
Subd. 3. A Agricultural
Subd. 4. E Estate
Subd. S. R-1 Residential Single District
Subd. 6. R-I S Residential Single - Small Lot District
Subd. 7. R-2 Residential Double District
Subd. 8. R-3 Residential Townhouse District
Subd. 9. R-4 Residential Multiple District
Subd. 10. LB Limited Business District
Subd. 11. NB Neighborhood Business District
it II
Subd. 12. GB General Business District
Subd. 13. CSC Community Shopping Center District
Subd. 14. I-1 Limited Industrial District
Subd. 15. 1-2 General Industrial District
Subd. 16 R-D Research and Development Park District
Subd. 17. BP Business Park District
Subd. 18. PD Planned Development District
Subd. 19. P Park District
Subd. 20. PF Public Facilities/Institutional District
Subd. 21 CGD Cedar Grove District
Subd. 22 Reserved
Subd. 23 T Transitional Zoning District
11.65 S - Shoreland Overlay District
11.66 FP - Floodplain Overlay District
11.70 Performance Standards
Subd. 1. Purpose
Subd. 2. Land reclamation and mining
Subd. 3. Design and maintenance of off-street parking areas
Subd. 4. Off-site off-street parking and outdoor storage
Subd. S. Minimum required off-street parking
Subd. 6. Joint parking facilities
Subd. 7. Parking space design
Subd. 8. Parking lot setbacks
Subd. 9. Parking ramps
Subd. 10. Residential driveways
Subd. 11. Off-street loading areas
Subd. 12. Landscaping
Subd. 13. Tree preservation
Subd. 14. Hours of operation
Subd. 15. Additional requirements, exceptions and modifications
Subd. 16. Fences
Subd. 17. Coffee kiosks
Subd. 18. Convenience store design
Subd. 19. Commercial car washes
Subd. 20. Municipal utilities
Subd. 21. Design and construction requirements for Multiple Family,
Office, Commercial, Industrial, and Public and Institutional
developments
Subd. 22. Outdoor display by businesses, outdoor storage, temporary
outdoor events, and seasonal outdoor sales
Subd. 23. Home occupations
Subd. 24. Garage sales
Subd. 25. Manufactured Home Park developments
Subd. 26. Antennae, satellite dishes, wind energy conversion systems
and towers
Subd. 27. Site plan review
Subd. 28. Placement, erection, and maintenance of signs
11.99 Violation a Misdemeanor
Y3
A printed copy of the ordinance is available for inspection by any person during regular office
hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan,
Minnesota 55122.
Effective date. This ordinance shall take effect upon its passage and publication.
li II
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
U. APPROVE RESOLUTION IN SUPPORT OF THE TRUST FOR PUBLIC
LAND'S APPLICATION TO THE DAKOTA COUNTY FARMLAND AND
NATURAL AREAS PROGRAM FOR PRESERVATION OF THE CAPONI
ART PARK
ACTION TO BE CONSIDERED:
To approve a resolution in support of the Trust for Public Land's (TPL) application to the
Dakota County Farmland and Natural Areas Program for preservation of the Caponi Art Park
FACTS:
■ At the September 9, 2003 City Council meeting, the Council approved a resolution of support
for the TPL application for the DNR Metro Greenways Grant to preserve the Caponi Art Park.
■ The City Council was contacted on September 3 0, 2003, via electronic m ail, with a request
from Mr. Anthony Caponi that the City consider a resolution of support for the TPL application
to the Dakota County Farmland and Natural Areas Program for the preservation of the Eagan
Core Greenway-Caponi Art Park.
■ A draft resolution of support was prepared by Mr. Caponi and TPL, which is enclosed for the
Council's consideration.
ATTACHMENTS: (1)
■ Enclosed on page is correspondence from Mr. Anthony Caponi, requesting the Council
consider a resolution of support for the TPL application to the Dakota County Farmland and
Natural Areas Progra/m~.
■ Enclosed on page is the proposed resolution, prepared by TPL, which states the City's
support for the Dakota County Farmland and Natural Area Grant application to preserve the
Eagan Core GreewayCaponi Art Park.
Message Page 1 of 1
Dianne Lord
To: Mira McGarvey
Subject: RE: Request for Agenda Item
-----Original Message-----
From: Anthony Caponi [mailto:anthonycaponi@gbronline.com]
Sent: Tuesday, September 30, 2003 11:25 AM
To: Eagan Mayor & City Council
Cc: Tom Hedges
Subject: Request for Agenda Item
Dear Mayor Gegan and City Council Members,
Thank you for the resolution you passed on behalf of the Trust for Public Lands application to the DNR
Metro Greenways program to provide funding for the protection of the Caponi Art Park.
The Trust for Public Lands is currently preparing another application to submit to the Dakota County
Farmland and Natural Areas programs for similar funding on October 15th.
This letter is a formal request for a new resolution in support of TPL's application to the Dakota County
program to be taken up at the next council meeting on October 7, 2003
Attached is a copy of the language for the resolution as suggested by TPL.
Thank you for your consideration,
Anthony Caponi
1215 DifFley Road
Eagan, MN 55123
651-454-4338
anthonycaponi - gbronline.com
10/3/2003 7ep
ii
A RESOLUTION STATING THE CITY'S SUPPORT FOR THE DAKOTA COUNTY FARMLAND AND
NATURAL AREA GRANT APPLICATION TO PRESERVE THE EAGAN CORE GREENWAY - CAPONI
ART PARK
WHEREAS, the Eagan Core Greenway - Caponi Art Park is an extremely valuable asset to the Eagan community; and
WHEREAS, it is the desire of the Eagan City Council to see the Eagan Core Greenway - Caponi Art Park preserved
for future generations; and
WHEREAS, the Eagan Comprehensive Guide Plan denotes the Caponi acreage south of Diffley Road as quasi-public
land, and denotes the Caponi acreage north of Diffley Road as Parks and Recreation Open Space; and
WHEREAS, the Caponi property is a vital portion of Eagan's core greenway; and
WHEREAS, the Eagan City Council listed the pursuit of future green space initiatives as a 2003 City Council goal;
and
WHEREAS, the Eagan City Council has appointed a Council subcommittee to focus on the City's participation in
preserving the Caponi property, including funding and ownership of part of the land; and
WHEREAS, Mr. Anthony Caponi, in partnership with the Trust for Public Land, is applying for grant funding for
natural area land protection through the Dakota County Farmland and Natural Area Program; and
WHEREAS, the City of Eagan is providing technical support towards the Dakota County Farmland and Natural Area
Program grant application being submitted jointly by Mr. Caponi and the Trust for Public Land;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Eagan, that the City of Eagan strongly
supports the Dakota County Farmland and Natural Area Program grant application of Mr. Anthony Caponi in order to
achieve the preservation of Eagan Core Greenway - Caponi Art Park.
CITY OF EAGAN
CITY COUNCIL
By:
Its Mayor
Attest:
Its Clerk
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
CERTIFICATION
I, Maria Karels, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing
resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a City
Council workshop thereof assembled this day of September 9, 2003.
Maria Karels, City Clerk
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
V. PROJ 751, SO. DODD RD. - ASSESSMENT AGREEMENT
ACTION TO BE CONSIDERED: Approve an assessment settlement agreement for
4880 Dodd Rd. for special assessments relating to Project 751R (So. Dodd Rd.) and
authorize the mayor and City Clerk to execute all related documents.
FACTS:
• Project 751R provided for the upgrade of Dodd Rd. from Cliff Rd. to 120th St. All
adjacent properties were assessed for the benefit they received from this
improvement.
• As a result of the final assessment hearing held on Dec. 17, 2002, an appeal was
initiated by the property owners at 4880 Dodd Rd. (Dave and Heidi Kolhoff). The
City was able to negotiate the dismissal of the appeal through the terms of a
settlement agreement that provides for the property to be assessed for its one existing
residential use and the remaining future residential lot equivalents will be deferred
until the property is subdivided.
• This agreement has been prepared by the City Attorney's office, reviewed by the
Public Works Department, signed by the property owners and found to be in order for
favorable consideration by the City Council.
II
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
W. CONTRACT 01-05. CEDAR GROVE REDEVELOPMENT
STREET & UTILITY IMPROVEMENTS
ACTION TO BE CONSIDERED: Approve Change Order No. 6 to Contract 01-05
(Cedar Grove Redevelopment - Street & Utility Improvements) and authorize the Mayor
and City Clerk to execute all related documents.
FACTS:
• Contract 01-05 provides for the street and utility improvements related to access
modifications in the Cedar Grove Redevelopment Area (City Projects 759R, 80OR
and 801).
• The change order provides for the following:
o Installation of a safety grate on the pond outlet structure, not anticipated
under the original contract, for the pond southwest of the intersection of Highway
13 and Silver Bell Road. The grate will provide an additional measure of
restriction and safety at the entrance to this structure. This portion of the change
order provides for an ADD of $1,378. (Project 800R)
o Installation and removal of fire hydrant extensions at various locations along
Silver Bell Road and Cedarvale Boulevard. The existing hydrants were relocated
due to the street reconfiguration or impacted by regrading the boulevard. This
part of the change order provides for an ADD of $1,276. (Project 800R)
o Grading for preparation of the placement of Dakota Electric's transformers,
not anticipated under the original contract, was requested by the City for the
relocation of three existing electrical transformers due to the Council approved
reduced setbacks for the Keystone building. This component of the change order
provides for an ADD of $945. (Project 800R)
o Installation of 13 replacement trees at Silver Bell Business Center in lieu of
the transplanting of 10 larger diameter existing trees anticipated under the original
contract. The tree replacement became an integral part of the easement
negotiations associated with this property. This portion of the change order
provides for an ADD of $5,005. (Project 800R)
o Lowering and reconstruction of a sanitary sewer manhole top-section due to
its location within a landscaped median on Cedar Grove Parkway. This part of the
change order provides for an ADD of $662. (Project 759R)
• The cost of the additional work is consistent with bid prices received for relevant bid
items on other projects within the city.
• The change order has been reviewed by the Engineering Division and found to be in
order for favorable Council action.
• This change order provides for a total addition of $9,265.98 (0.32%) to the original
contract. The cost of the additional work under the change order will be the
responsibility of the City's respective Major Street, Water, Sanitary Sewer and Storm
Sewer Trunk Funds and assessments to the adjacent benefiting properties as outlined
in the feasibility report for Project 800R.
Y I
Agenda Information Memo
October 7, 2003 Eagan City Council
X. EXTENSION FOR RECORDING FINAL PLAT (VOGELPOHL
ADDITION).
ACTION TO BE CONSIDERED:
To approve (Or deny) an extension of time to record the Final Plat for Vogelpohl Addition,
located at 2099 Silver Bell Road.
REQUIRED VOTE FOR APPROVAL
• Majority of Quorum
FACTS:
• The City Council initially approved the Final Plat on May 20, 2003.
• The applicant requested a 60 day extension of recording the plat on August 4, 2003.
• The applicant is requesting an extension to allow an additional 60 days to record the final
plat, because the county has not recorded the Kennebeck vacation, the plat can not be
recorded until the vacation is recorded.
ATTACHMENTS (1):
Letter from Jeffrey Lindgren, Hedlund Engineering on page
J D
5EP-30-200MUE) 13:32 P.001/001
HEDLUND
Planning Engineering Surveying
September 30. 2003
Sheila O'13ryan
Planner
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122-1897
Re: Vogelpohl Addition
Dear Sheila,
This letter is to request an extension of time for recording the mylars for Vogelpohl Addition. The
county surveyor has asked us to provide a copy of the recorded document vacating Kennebeck
Drive. 1 asked the title company to obtain a copy but they were unable to get it at the county. I
am wondering if you have received a copy back from the Registrars office and if you would
please forward me a copy. We then need to provide the Title Examiners office with that and a
copy of the Certificate of Title showing the vacated road in the memorial. Depending on how
long ago the city recorded the vacation document, the certificate may have been updated or will
be soon. They typically are two to three months behind I hear. Once the examiner has all the
documents they will issue a directive adding the vacated roads to the certificate and we can
proceed with the filing of the plat. I anticipate that we would have the process completed by
November 20th.
If you have any questions please call me.
Sincerely,
*0. J~+~
Jeffrey D. Lindgren. PLS.
VP
2005 Pin Oak Drive • Eagan, Minnesota 55122 • Telephone (651) 405-6600 • Fax (651) 405-6606
S/
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
PUBLIC: HEARINGS
A. PROJECT 764R. SELMARK/ HARVEY/ BURRVIEW ADDITIONS
STREET RESURFACING IMPROVEMENTS
FINAL ASSESSMENT HEARING
ACTION TO BE CONSIDERED: Approve/Modify the Final Assessment Roll for Project
764R (Selmark/ Harvey/ Burrview Additions - Street Resurfacing Improvements) and
authorize its certification to Dakota County for collection.
FACTS:
• Project 764R provided for the rehabilitation of the streets within the Selmark/ Harvey/
Burrview Additions, including Chapel Lane, Wren Lane, Roll Lane, Sally Circle, Rita
Court, and Random Road.
• The Final Assessment Roll was presented to the City Council on September 2, 2003, with
a public hearing scheduled for October 7 to formally present the final costs associated
with this public improvement to the affected benefiting properties.
• The final assessments are approximately 10% less than the estimate contained in the
feasibility report presented at the public hearing held on November 7, 2002.
• All notices have been published in the legal papers and sent to all affected property
owners informing them of this public hearing. No written objections have been received
to date.
• An informational meeting was held on September 30 to address all property owners'
questions or concerns and provide any additional information of interest. Of the 132
parcels (single-family and townhome properties) being assessed, three persons
representing two properties attended the meeting. Minutes of the informational meeting
are attached.
ISSUES:
• The proposed single-family assessment amount of $2,303 is higher than a most recent
single-family lot assessments for overlays mainly due to three factors:
1. The street improvement constructed was a full-surface reclamation and
replacement of existing pavement. The City's Special Assessment Policy
provides for a 75% assessment of related costs to single-family homes for this
type of street improvement, versus 50% for a typical overlay improvement.
2. The layout of the streets and lower density of properties served per square yard of
pavement, creates fewer properties to spread the cost over as compared to a more
typically configured neighborhood.
3. This project has had 4 public hearings and a major revision resulting in greater
than normal engineering and related indirect costs.
ATTACHMENTS:
• Final Assessment Report, page" throu
• Informational Meeting Minutes, page
~-a
FINAL ASSESSMENT HEARING
PROJECT HEARING DATES
NUMBER - 764R ASSESSMENT - October 7. 2003
NAME - Selmark. Harvey. Harvey No. 2, and Burrview IMPROVEMENT - December 2, 2002
Street Reclamation
IMPROVEMENTS INSTALLED AND/OR ASSESSED
F.R =Feasibility Report
FINAL F.R FINAL F.R
RATE RATE UNITS RATE RATE UNITS
SANITARY SEWER STORM SEWER
❑ Trunk ❑ Trunk
❑ Lateral ❑ Lateral
❑ Service ❑ Lat. Benefit/trunk
❑ Lat. Benefit/trunk
WATER STREET
❑ Trunk ❑ Gravel Base
❑ Lateral
❑ Service
❑ Lat. Benefit/trunk 0 Reclamation
Single Family 2$ ,302.61 $2,561.76 /Lot
❑ WAC Crane Creek $36.90 50.29 Unit
Townhouse
Dodd Lane $7,516.98 $10,244.97
Townhouse
❑ Trail/Sidewalk
SERVICES STREET LIGHTS
❑ Water & San Sewer ❑ Installation
❑ Energy Charge
CONTRACT NO.OF INTEREST AMOUNT CITY
NO. PARCELS TERM RATE ASSESSED FINANCED
$187.663 F.R. $161.137 F.R.
03-10 132 10 Years 5.50% $166,456.06 $157,799.86
COMMENTS:
S.3
MEMO
city of eagan
MEMO TO: Mayor and City Council
FROM: Gerald R. Wobschall
DATE: August 11, 2003
SUBJECT: Final Assessment Roll Project No.764R
Selmark, Harvey and Harvey No. 2, and Burrview
Acres Additions
- Street Reclamation
The City Council at the conclusion of the public hearing on December 2, 2002 ordered Project 764R. Project
764R is the successor of Project 764. The feasibility study for Project 764 was ordered during October 1998.
Shortly after the initiation of the feasibility report a development proposal was received for Cherrywood Knoll. At
the public hearing it was decided to postpone the improvement until the completion of the street and utility
improvements were installed. During 2001 another public hearing was conducted for the project. At the
conclusion of that hearing it was determined to delay the improvement until the completion of the street and utility
improvements for the Crane Creek development were installed. The street and utility improvements were
completed during early 2002 which allowed for the completion of Project 764R which was scheduled for the 2003
construction season. According to the feasibility report, the following improvements were to be constructed and/or
assessed. The improvements are: full-depth reclamation of Chapel Lane, Random Road, Sally Circle, Wren and
Roll Lanes and Rita Court; replacement of damaged curb and gutter along the affected streets and minor utility
repairs. In the feasibility study, it was proposed to assess the improvements using a lot unit method for Single
Family residential properties and lineal methods for Town Home residential properties. This assessment roll is
prepared using the methods presented at the public hearing. Construction of the improvements was accomplished
under Contract No. 03-10, which is in the process of being completed. The assessment hearing is scheduled for
October 7, 2003. The following information was used in the preparation of the assessment roll.
1. PROJECT COST
The construction cost includes the amount of $227,651.72 paid to the contractor for the construction of the
following detailed improvements. Other costs which consist of engineering, design, contract management,
inspections, financing, legal, bonding, administration, and other totaling in the amount of $96,604.20 were
incurred resulting in an improvement and project cost of $324,255.92. The detail of these other costs is provided
on Schedule I and they are allocated to the improvements constructed in order to determine the cost of each
improvement.
2
dw~
CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY
IMPROVEMENT COST COSTS COST REPORT
Street reclamation $155,819.08 $66,121.96 $221,941.04 250,093
Curb repair 41,592.64 17,649.87 59,242.51 50,505
Sanitary Sewer Repair 13,840.00 5,873.02 19,713.02 10,238
Water Repair 910.00 386.16 1,296.16 18,427
Storm Sewer Repair 15,490.00 6,573.19 22,063.19 19,547
TOTAL $227,651.72 $96,604.20 $324,255.92 $348,800
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
1. Street Reclamation
The cost of the street reclamation improvement amounted to $155,819.08. Other cost in the amount of
$66,121.96 were allocated resulting in an improvement cost of $221,941.04. According to the City Engineer
the following unit quantities and prices were used to reclaim the various streets. The unit prices and quantities
are from the contract awarded for the construction of this improvement.
UNIT EXTENDED
ITEM UNIT QTY PRICE COST
-
Mobilization LS. 1 $3,775.00 $3,775.00
Reclaim Bituminous pavement Sq. Yd. 17,610 1.25 22,012.50
Saw cut bituminous pavement L.F. 160 2.00 320.00
Remove reclaimed material Cu. Yd. 2,248 7.50 16,860.00
Type 41A wear course Ton 1,394.72 39.00 54,394.08
Type 31 Base course Ton 2,057.83 26.50 54,532.50
Tack coat Gal 900 1.75 1,575.00
Traffic control L. S. 1 1;500.00 1,500.00
Adjust water valve box Each 6 75.00 450.00
Catch basin protection Each 4 100.00 400.00
SUBTOTAL $155,819.08
Other costs @42.44% 66,121.96
Reclamation Cost $221,941.04
3
2. Assessment Rates
The assessment rates were computed using the following:
a. Single Family Property Assessment Rate
The assessment rate for the Single-Family Residential Property classification was computed using:
Improvement Cost $221,941.04
Assessable Portion 75%
Assessable Cost 166,455.78
Ratio of Single Family Frontage to 7.957
Total Frontage 8,459
Single Family Assessable Costs $156,577.45
Single Family Residential Units 68
Assessment Rate Single Family $2,302.61
b. Crane Creek Property Assessment Rate
The assessment rate for the Crane Creek Residential Property classification was computed using:
Improvement Cost $221,941.04
Assessable Portion 75%
Assessable Cost $166,455.78
Ratio of Crane Creek Frontage to 120
Total Frontage 8,459
Single Family Assessable Costs $2,361.35
Crane Creek Residential Units 64
Assessment Rate Crane Creek $36.90
c. Dodd Lane Townhome Property Assessment Rate
The assessment rate for the Dodd Lane Townhome Residential Property classification was computed using:
Improvement Cost $221,941.04
Assessable Portion 75%
Assessable Cost $166,455.78
Ratio of Dodd Lane Townhome 382
Frontage to Total Frontage 8,459
Single Family Assessable Costs $7,516.98
Dodd Lane TH Assessable Units 1
Assessment Rate Dodd Lane TH $7,516.98
4
3. Curb and Gutter replacement
The cost to replace damaged curb and gutter amounted to $41,592.64. Other costs in the amount of
$17,649.87 were allocated resulting in a replacement cost of $59,242.51. The replacement of the curb and
gutter is to be financed by the City's Major Street Fund.
4. Utility Repairs
a. Water Utility Repair
The contractor repaired 6 gate valves at a contract cost of $910.00. Other cost in the amount of $386.16 were
allocated resulting in a cost of $1,296.16. The Water Division of the City's Utility Fund will finance these
costs.
b. Sanitary Sewer Utility Repair
The contractor removed and replaced 22 lineal feet of pipe and salvaged and reinstalled castings with rings at a
cost of $13,840.00. Other cost in the amount of $5,873.02 were allocated resulting in a cost of $19,713.02. The
Sanitary Sewer Division of the City's Utility Fund will finance these repair costs.
c. Storm Sewer Utility Repair
The contractor removed and replaced castings with rings, constructed a catch basin manhole and provided a
concrete slab at a contract cost of $15,490.00. Other cost in the amount of $6,573.19 were allocated resulting in
a cost of $22,063.19. The Storm Sewer Division of the City's Utility Fund will finance these storm sewer
replacement costs.
C. ASSESSMENT SPREAD
The special assessments are spread to the abutting and adjacent parcels.
D. ASSESSMENT TERMS
The assessments for this project have a term of 10 years with interest charged at an annual interest rate of
5.50 % on the unpaid balance.
III. CITY REVENUES/(RESPONSIBILITIES)
IMPROVEMENT CITY'S
IMPROVEMENT COST ASSESSMENT (RESPONSIBILITY)
Streets Reclamation $221,941.04 $166,456.06 ($55,484.98)
Curb Replacement 59,242.51 (59,242.51)
Sanitary Sewer Repair 19,713.02 (19,713.02)
Water Repair 1,296.16 (1,296.16)
Storm Sewer Repair 22,063.19 (22,063.19)
TOTAL $324,255.92 $166,456.06 ($157,799.86)
The following funds will provide financing for the listed improvements.
5
S~
Major Street Fund $114,727.49
Sanitary Sewer Division of Utility Fund 19,713.02
Water Division of Utility Fund 1,296.16
Storm sewer Division of Utility Fund 22,063.19
Total $157,799.86
6
Gerald R. Wobschall
Reviewed Reviewe
P is Works Department Finance apartment
P - 0 3 10- t -c,3
Dated Dated
cc: Thomas A. Colbert, Director of Public Works
Mike Dougherty, City Attorney
Sue Sheridan, Accountant I
GRW
6
Combined Assessment Roll
SA_NBR 1OP764R
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-03800-010-08 AUDITORS SUBDIVISION NO. 38 $2,302.61 $2,561.76 $259.15
10-03800-020-08 AUDITORS SUBDIVISION NO. 38 $2,302.61 $2,561.76 $259.15
10-03800-030-08 AUDITORS SUBDIVISION NO. 38 $2,302.61 $2,561.76 $259.15
10-03800-040-08 AUDITORS SUBDIVISION NO. 38 $2,302.61 $2,561.76 $259.15
10-03800-050-08 AUDITORS SUBDIVISION NO. 38 $2,302.61 $2,561.76 $259.15
10-03800-050-10 AUDITORS SUBDIVISION NO. 38 $2,302.61 $2,561.76 $259.15
10-15600-020-00 BURRVIEW ACRES $4,605.22 $5,123.52 $518.30
10-15600-030-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-15600-040-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-15600-050-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-15600-060-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-15600-070-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-15600-080-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-15600-090-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-15600-110-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-15600-120-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-15600-130-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-15600-140-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-15600-150-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-15600-170-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-15600-171-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-15600-181-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-15600-190-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-15600-201-00 BURRVIEW ACRES $2,302.61 $2,561.76 $259.15
10-18475-010-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-020-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-030-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-040-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-050-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-060-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
Wednesday, October 01, 2003 Page 1 of S
~9
Combined Assessment Roll
SA_NBR JOP764R
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-18475-070-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-080-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-090-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-100-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-110-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-120-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-130-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-140-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-150-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-160-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-170-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-180-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-190-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-200-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-210-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-220-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-230-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-240-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-250-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-260-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-270-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-280-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-290-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-300-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-310-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-320-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-330-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-340-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-350-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-360-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
Wednesday, October 01, 2003 Page 2 of 5
0/D
Combined Assessment Roll
SA_NBR 1OP764R
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-18475-370-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-380-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-390-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-400-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-410-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-420-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-430-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-440-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-450-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-460-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-470-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-480-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475490-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-500-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-510-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-520-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-530-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-540-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-550-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-560-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-570-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-580-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-590-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-600-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-610-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-620-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-630-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-18475-640-01 CRANE CREEK ADDITION $36.90 $50.29 $13.39
10-32000-010-00 HARVEY ADDITION $2,302.61 $2,561.76 $259.15
10-32000-020-00 HARVEY ADDITION $2,302.61 $2,561.76 $259.15
@9~f+JRY9.9E1Y~6n:YlNM1"AGI1M0.'6'SJSIf~p~dA'JL~ . ~L ._R'..
Wednesday, October 01, 2003 Page 3 of 5
6/
Combined Assessment Roll
SA_NBR 1OP764R
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-32000-030-00 HARVEY ADDITION $2,302.61 $2,561.76 $259.15
10-32000-040-00 HARVEY ADDITION $2,302.61 $2,561.76 $259.15
10-32000-070-00 HARVEY ADDITION $2,302.61 $2,561.76 $259.15
10-32001-010-01 HARVEY ADDITION NO. 2 $2,302.61 $2,561.76 $259.15
10-32001-020-01 HARVEY ADDITION NO.2 $2,302.61 $2,561.76 $259.15
10-32001-030-01 HARVEY ADDITION NO. 2 $2,302.61 $2,561.76 $259.15
10-32001-040-01 HARVEY ADDITION NO. 2 $2,302.61 $2,561.76 $259.15
10-32001-050-01 HARVEY ADDITION NO. 2 $2,302.61 $2,561.76 $259.15
10-32001-060-01 HARVEY ADDITION NO. 2 $2,302.61 $2,561.76 $259.15
10-32001-070-01 HARVEY ADDITION NO. 2 $2,302.61 $2,561.76 $259.15
10-32001-080-01 HARVEY ADDITION NO.2 $2,302.61 $2,561.76 $259.15
10-32001-090-01 HARVEY ADDITION NO. 2 $2,302.61 $2,561.76 $259.15
10-32001-100-01 HARVEY ADDITION NO. 2 $2,302.61 $2,561.76 $259.15
10-32001-110-01 HARVEY ADDITION NO. 2 $2,302.61 $2,561.76 $259.15
10-32001-120-01 HARVEY ADDITION NO. 2 $2,302.61 $2,561.76 $259.15
10-32001-130-01 HARVEY ADDITION NO. 2 $2,302.61 $2,561.76 $259.15
10-33300-020-01 HOEFT ADDITION $2,302.61 $2,561.76 $259.15
10-33300-030-01 HOEFT ADDITION $2,302.61 $2,561.76 $259.15
10-33300-040-01 HOEFT ADDITION $2,302.61 $2,561.76 $259.15
10-67100-010-01 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-010-02 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-010-03 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-020-01 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-020-02 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-020-03 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-030-01 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-030-02 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-030-03 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-040-01 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-040-02 SELMARK $2,302.61 $2,561.76 $259.15
Wednesday, October 01, 2003 Page 4 of 5
iII
Combined Assessment Roll
SA_NBR J OP764R
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-67100-050-01 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-050-03 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-060-01 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-060-03 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-070-01 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-080-01 SELMARK $7,516.98 $10,244.97 $2,727.99
10-67100-080-03 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-090-03 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-100-03 SELMARK $2,302.61 $2,564.76 $259.15
10-67100-110-03 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-120-03 SELMARK $2,302.61 $2,561.76 $259.15
10-67100-130-03 SELMARK $2,302.61 $2,561.76 $259.15
Summary for 'SA_NBR' = 1OP764R (132 detail records)
Sum $166,456.06 $187,663.21 $21,207.15
Wednesday, October 01, 2003 63 Page S of 5
I
I M ~I
i SCALE: 1' = 300'
I
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r a I AUD• S B NO
38 HARVEY ADD. 7'Iq(/N
LUT to LOT to 010-40
13 ♦m" ♦ , 1
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♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦
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HARVEY ADD. NO.2
LEGEND
l * ASSESSMENT Q $ 7,516.98
LOT ASSESSMENT @ $ 2,302.61
" !J UNIT ASSESSMENT Q $ 36.90
• ASSESSMENT LIMITS
I
QQ~ RECLAMATION IMPROVEMENTS
L sessments/771 /F 1
Selmark, Harvey, Burrview Acres
Fig. 1
Street Reclamation Project - Project No. 764R
City of Eagan Assessment Map Sept. 30, 2003
C/
r~
CITY PROJECT NO 764R
INFORMATIONAL NEIGHBORHOOD MEETING - FINAL ASSESSMENTS
SELMARK/ HARVEY/ BURRVIEW ADDITIONS
STREET IMPROVEMENTS
TUESDAY, SEPTEMBER 30, 2003
6:30 P.M. CITY COUNCIL CHAMBERS
Attendance: John Gorder, Assistant City Engineer; 3 persons representing 2 properties (see
attached sign-in sheet).
A. Presentation of Project Details
• Gorder welcomed the residents and provided a brief project review.
B. Questions/ Comments from Residents
• Why are the assessments for the project so much higher than assessments for other
street projects throughout the City? The street improvement constructed for Selmark/
Harvey/ Burr-view was a full-surface reclamation and replacement. The City's Special
Assessment Policy provides for a 75% assessment to single-family homes for this type of
street improvement, versus 50% for a typical overlay improvement. The configuration of the
streets, particularly Sally Circle with only 4 lots completely surrounded by streets, creates
few residential lots per area of street costs, thereby increasing the cost per lot from a typically
configured neighborhood.
• How long will the street last now that this work is done? This street surface is
expected to last at least 20 years, with regular maintenance. The next anticipated work to
be done on these streets would be a blacktop overlay after those 20 years.
• Why are the Crane Creek Townhomes being assessed so much less than the single-
family homes? The Crane Creek Townhome property was previously assessed a
relatively large amount for the street improvements on the Highway 55 frontage road
project in 2001. The assessment to the townhomes was determined by its frontage on
Chapel Lane and spread over the 64 units in the development.
• Is the assessment to the Crane Creek Townhomes a one-time assessment or is it $37
every year for 10 years? It is a one-time assessment for this project, $37 total.
• When do I pay my assessment? It can be paid within 30 days after the assessment
hearing, or it will be put on your taxes and spread out over 10 years at an interest rate of
approximately 5.5%.
Other non-project related discussion occurred between the residents and staff.
The meeting adjourned at 6:50 p.m.
FAGROMENGINEERMuss MatthysVORN[isdMinutes - sel-harv-burr fa..doc
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NEIGHBORHOOD MEETING
SELMARK/HARVEY/BURRVIEW ACRES ADDNS
PROJECT 764R
TUESDAY, SEPTEMBER 30, 2003 - 6:30 P.M.
NAME ADDRESS
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G: FORMS/SIGN-IN.Sheet
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Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
B. PROJECT 875, LEXINGTON PLACE/ LEXINGTON PLACE SOUTH
STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 875
(Lexington Place/ Lexington Place South - Street Overlay Improvements) and authorize
its certification to Dakota County for collection.
FACTS:
• Project 875 provided for the bituminous overlay of the streets within the Lexington
Place / Lexington Place South Additions, including Duckwood Drive, Blue Jay Way,
Blue Jay Court, Hummingbird Lane, Falcon Way, Canary Way, and Cardinal Way.
• The Final Assessment Roll was presented to the City Council on September 2, 2003,
with a public hearing scheduled for October 7 to formally present the final costs
associated with this public improvement to the affected benefiting properties.
• The final assessments are approximately equal (within 0.5%) to the estimate
contained in the feasibility report presented at the public hearing held on December 2,
2002.
• All notices have been published in the legal papers and sent to all affected property
owners informing them of this public hearing. No written objections have been
received to date. An informational meeting was held on October 2 to address all
property owners' questions or concerns and provide any additional information of
interest. Of the 385 parcels (R-1, R-4 and public facility) being assessed, no one
attended the meeting.
ATTACHMENTS:
• Final Assessment Report, pagesothroughgl.
6 11*07
FINAL ASSESSMENT HEARING
PROJECT HEARING DATES
NUMBER - 875 ASSESSMENT - October 7, 2003
NAME - Lexington Place and Lexington Place South IMPROVEMENT- December 2, 2002
Mill and Overlay
IMPROVEMENTS INSTALLED AND/OR ASSESSED
F.R: Feasibility Report
FINAL F.R FINAL F.R
RATE RATE UNITS RATE RATE UNITS
SANITARY SEWER STORM SEWER
❑ Trunk ❑ Trunk
❑ Lateral ❑ Lateral
❑ Service ❑ Lat. Benefit/trunk
❑ Lat. Benefit/trunk
WATER STREET
❑ Trunk ❑ Gravel Base
❑ Lateral 0 Surfacing
Single 381.25 383.00 /Lot
❑ Service High-Density 170.72 170.00 /Unit
❑ Lat. Benefit/trunk Public Facility 586.52 586.00
❑ WAC ❑ C/I Equiv.
❑ Trail/Sidewalk
SERVICES STREET LIGHTS
❑ Water & San Sewer ❑ Installation
❑ Energy Charge
CONTRACT NO.OF INTEREST AMOUNT CITY
NO. PARCELS TERMS RATE ASSESSED FINANCED
$98,300F.R. $187,395 F.R.
03-02 385 5 Year 5.50% $98.167.08 $172,995.19
COMMENTS:
68'
MEMO
city of eagan
MEMO TO: Mayor and City Council
FROM: Gerald R. Wobschall
DATE: August 8, 2003
SUBJECT: Final Assessment Roll Project No.875
Lexington Place and Lexington Place South
Additions
Mill and Overlay
The City Council at the conclusion of the public hearing on December 2, 2002 ordered Project 875.
According to the feasibility report, the following improvements were to be constructed and/or assessed.
The improvements are mill and overlay of existing streets and replacement of curb and gutter. In the
feasibility study, it was proposed to assess the improvements using a lot unit method for single-family
properties, and linear methods for other property types. This assessment roll is prepared using the methods
presented at the public hearing. Construction of the improvements was accomplished under Contract No.
03-02, which is substantially complete. The assessment hearing is scheduled for October 7, 2003. The
following information was used in the preparation of the assessment roll.
I. PROJECT COST
The construction cost includes the amount of $225,879.26 paid to the contractor for the construction of the
following detailed improvements. Other costs which consist of engineering, design, contract management,
inspections, financing, legal, bonding, administration, and other totaling in the amount of $45,283.01 were
incurred resulting in an improvement and project cost of $271,162.27. The detail of these other costs is
provided on Schedule I and they are allocated to the improvements constructed in order to determine the
cost of each improvement.
CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY
IMPROVEMENT COST COSTS COST REPORT
Street resurfacing $141,686.15 $28,404.45 $170,090.60 $170,015
Curb repair 82,763.11 16,591.89 99,355.00 115,680
Utility repair 1,430.00 286.67 1,716.67 0
TOTAL $225,879.26 $45,283.01 $271,162.27 $285,695
2
6
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
1. Street Overlay High-Density and Public Facility Property
a. Overlay Cost
The cost of the street overlay improvement was computed using the following unit prices and quantities:
UNIT EXTENDED
ITEM UNIT QTY PRICE COST
- - - o- -n - - - - - - - -
Mobilization LS. 1 $2,825.00 $2,825.00
Mill bituminous surface Sq. Yd. 13,000 .85 11,050.00
Bituminous mat. for tack coat Gal. 1,925 1.75 3,368.75
Type 41 Wear Course Ton 3,104.8 33.00 102,458.40
Traffic control L. S. 1 1,500.00 1,500.00
Adjust water valve box Each 9 75.00 675.00
Adjust manhole casting Each 59 325.00 19,175.00
4 Inch Solid White Line Lin. Ft. 125 1.00 125.00
41nch Double Solid Yellow Lin. Ft. 180 1.00 180.00
24 Inch Solid White Lin. Ft. 23 3.00 69.00
Pavement Message Right Turn Ea. 1 40.00 40.00
Pavement Message-Left/Thru Ea. 1 75.00 75.00
Zebra Crosswalk White Sq. Ft. 116 1.25 145.00
SUBTOTAL $141,686.15
Other costs @20.05% 28,404.45
Mill and Overlay Cost $170,090.60
b. High-Density Residential Property Assessment Rate
The assessment rate for the high-density residential property classification was computed using:
Improvement Cost $170,090.60
Assessable Portion 75%
Assessable Cost $127,567.95
Ratio of High Density Frontage 5,396
to Total Frontage 17,400
High Density Assessable Costs $39,560.73
High Density Units 232 Units
Assessment Rate High Density $170.52
3
90
c. Public Facility Property Assessment Rate
The assessment rate for the Public Facility property classification was computed using:
Improvement Cost $170,090.60
Assessable Portion 75%
Assessable Cost $127,567.95
Ratio of Public Facility Frontage 80
to Total Frontage 17,400
High Density Assessable Costs $586.52
High Density Units 1 Units
Assessment Rate Public Facility $586.52
2. Street Overlay Low-Density Facility Property
a. Overlay Cost
The cost of the street overlay improvement was computed using the following unit prices and quantities:
UNIT EXTENDED
ITEM UNIT QTY PRICE COST
Mobilization LS. 1 $2,825.00 $2,825.00
Mill bituminous surface Sq. Yd. 13,000 .85 11,050.00
Bituminous mat. for tack coat Gal. 1,925 1.75 3,368.75
Type 41 Wear Course Ton 3,104.8 33.00 102,458.40
Traffic control L. S. 1 1,500.00 1,500.00
Adjust water valve box Each 9 75.00 675.00
Adjust manhole casting Each 59 325.00 19,175.00
SUBTOTAL $141,052.15
Other costs @20.05% 28,277.35
Mill and Overlay Cost $169,329.50
3. Public Facility Property Assessment Rate
The assessment rate for the Low-Density residential property classification was computed using:
Improvement Cost $169,329.50
Assessable Portion 50%
Assessable Cost $84,664.75
Ratio of Low Density Frontage to 11,924
Total Frontage 17,400
High Density Assessable Costs $58,019.68
High Density Units 152 Units
Assessment Rate Public Facility $381.71
4
2. Curb and Gutter replacement
The cost to replace damaged curb and gutter amounted to $82,763.11. Other costs in the amount of
$16,591.89 were allocated resulting in a replacement cost of $99,355.00. The City's Major Street Fund
will finance the curb and gutter replacement.
3. Utility Repairs
A. Water Utility Repair
The contractor repaired 13 gate valves at $110.00 each. This results in a contract cost of $1,430.00.
Other cost in the amount of $286.67 were allocated resulting in a cost of $1,716.67. The Water Division
of the City's Utility Fund will finance these costs.
C. ASSESSMENT SPREAD
The special assessments are spread to the abutting and adjacent parcels.
D. ASSESSMENT TERMS
The assessments for this project have a term of 5 years with interest charged at an annual interest rate of
5.50 % on the unpaid balance.
III. CITY REVENUES/(RESPONSIBILITIES)
IMPROVEMENT CITY'S
IMPROVEMENT COST ASSESSMENT (RESPONSIBILITY)
Streets Resurfacing $170,090.60 $98,167.08 ($71,923.52)
Curb Replacement 99,355.00 (99,355.00)
Utility Repair 1,716.67 (1,716.67)
TOTAL $271,162.27 $98,167.08 ($172,995.19)
5
9021-
The following funds will provide financing for the listed improvements.
Major Street Fund $171,278.52
Water Division Utility Fund 1,716.67
Total $172,995.19
Gerald R. Wobschall
Reviewed Review
P lic Works Department Finance a ent
'v " C'>3 [ 0 r
Dated Dated
cc: Thomas A. Colbert, Director of Public Works
Mike Dougherty, City Attorney
Sue Sheridan, Accountant I
GRW
6
93
Combined Assessment Roll
SA NBR 1OP875
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-16500-010-01 CARRIAGE HILLS CLUB HOUSE $586.52 $587.00 $0.48
10-45050-001-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-002-04 LEXINGTON PLACE FIRST ADD[ $170.52 $170.00 ($0.52)
10-45050-003-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-004-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-005-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-006-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-007-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-008-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-009-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-010-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-011-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-012-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-013-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-014-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-015-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-016-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-017-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-018-04 LEXINGTON PLACE FIRST ADD[ $170.52 $170.00 ($0.52)
10-45050-019-04 LEXINGTON PLACE FIRST ADD[ $170.52 $170.00 ($0.52)
10-45050-020-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-021-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-022-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-023-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-024-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-025-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-026-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-027-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-028-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-029-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
Wednesday, October 01, 2003 Page 1 of 13
Combined Assessment Roll
SA NBR 1OP875
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-45050-030-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-031-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-032-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
1045050-033-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-034-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-035-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-036-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-037-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-038-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-039-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-040-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-041-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-042-04 LEXINGTON PLACE FIRST ADD[ $170.52 $170.00 ($0.52)
10-45050-043-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-044-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-045-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-046-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-047-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-048-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-049-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-050-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-051-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-052-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-053-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-054-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-055-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-056-04 LEXINGTON PLACE FIRST ADD[ $170.52 $170.00 ($0.52)
10-45050-057-04 LEXINGTON PLACE FIRST ADD) $170.52 $170.00 ($0.52)
10-45050-058-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-059-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
Wednesday, October 01, 2003 Page 2 of 13
Combined Assessment Roll
SA NBR 1OP875
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-45050-060-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-061-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-062-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-063-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-064-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-065-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-066-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-067-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-068-04 LEXINGTON PLACE FIRST ADD[ $170.52 $170.00 ($0.52)
10-45050-069-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-070-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-071-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-072-04 LEXINGTON PLACE FIRST ADD[ $170.52 $170.00 ($0.52)
10-45050-073-04 LEXINGTON PLACE FIRST ADD[ $170.52 $170.00 ($0.52)
10-45050-074-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-075-04 LEXINGTON PLACE FIRST ADD[ $170.52 $170.00 ($0.52)
10-45050-076-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-077-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-078-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-079-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-080-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-081-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-082-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-083-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
1045050-084-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-085-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
1045050-086-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
1045050-087-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-088-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
1045050-230-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
Wednesday, October 01, 2003 Page 3 of 13
Combined Assessment Roll
SA NBR IOP875
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-45050-231-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-232-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-233-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-234-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-235-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-238-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-239-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-240-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-241-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-242-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-243-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-260-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-261-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-262-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-263-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-264-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-265-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-266-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-267-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-268-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-269-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-270-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-271-04 LEXINGTON PLACE FIRST ADD( $170.52 $170.00 ($0.52)
10-45050-272-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
1045050-273-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
10-45050-274-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
1045050-275-04 LEXINGTON PLACE FIRST ADDI $170.52 $170.00 ($0.52)
1045051-101-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
1045051-102-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-103-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
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Wednesday, October 01, 2003 Page 4 of 13
Combined Assessment Roll
SA_NBR 1OP875
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-45051-104-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-105-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-106-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-107-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-108-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-109-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-110-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-111-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-112-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-113-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-114-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-115-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-116-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-117-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-118-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-119-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-120-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-121-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-122-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-123-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-124-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-125-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-126-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-127-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-128-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-129-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-130-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-131-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-132-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-133-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
Y%f.9.9R:0[Ulm'MNK.-t-taF'SLS+^.OiRaOWSH!p: ~;_^'Y..AOM1+ _ Ai~li'iV51 A60~t11~iF.it..9RRf4MC
Wednesday, October 01, 2003 Page 5 of 13
I
Combined Assessment Roll
SA_NBR 1OP875
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-45051-134-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-135-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-136-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-137-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-136-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-139-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-140-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-141-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-142-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-143-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-144-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-145-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-146-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
1045051-147-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
1045051-148-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-149-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
1045051-150-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-151-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-152-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
1045051-153-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-154-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-155-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
1045051-156-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-157-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-158-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-159-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-160-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-177-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-178-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-179-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
.~..,.~.,_:~:.r-.'y.^y^.A'91>lf y'~^.':T..'T•:T`'4f.'Y.+1^.s .:tiA^i.2fF<'i.!('A^4Q'° .^wT^.~a4dlC."S.:AL~~'#12YJZx!'A7C~..J'S4 • v.
Wednesday, October 01, 2003 9 Page 6 of 13
Combined Assessment Roll
SA NBR JOP875
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-45051-180-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-185-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-186-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-187-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-188-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-193-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-194-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-195-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-196-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-197-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-198-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-199-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-200-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-201-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-202-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-203-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-204-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-205-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-206-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-207-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-208-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-214-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-215-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-216-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-217-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-218-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-219-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-220-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-221-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-222-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
Wednesday, October 01, 2003 YO Page 7 of 13
11
Combined Assessment Roll
SA_NBR 1OP875
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-45051-223-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-224-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-225-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-226-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-227-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-228-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-229-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-244-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-245-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-246-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-247-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-248-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-249-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-250-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-251-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-252-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-253-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-254-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-255-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-256-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-257-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-258-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45051-259-04 LEXINGTON PLACE SECOND A $170.52 $170.00 ($0.52)
10-45060-010-01 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-010-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-010-03 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-010-05 LEXINGTON PLACE SOUTH $381.71 $383.00 .$1.29
10-45060-010-06 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-010-08 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-020-00 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
.-~.~„a~:~n~Y.~,..,..--....~,-.;:,t,:-.,~,.-.,.,,...r.~~.t.:,:,..-.~.,.,,,~c.~-~-~:x«~~:,w~ ~,.,,,A _,:....-.~:~,:~~~•~,:~-~,~~-.-sue
Wednesday, October 01, 2003 Page 8 of 13
Combined Assessment Roll
SA NBR IOP875
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-45060-020-01 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-020-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-020-03 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-020-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-020-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-020-06 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-020-08 LEXINGTON PLACE SOUTH. $381.71 $383.00 $1.29
10-45060-020-09 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-030-01 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-030-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-030-03 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-030-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-030-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-030-06 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-030-08 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-030-09 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-040-01 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-040-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-040-03 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-040-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-040-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-040-06 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-040-08 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-040-09 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-050-01 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-050-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-050-03 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-050-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-050-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-050-06 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
Wednesday, October 01, 2003 Page 9 of 13
Combined Assessment Roll
SA_NBR JOP875
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-45060-050-07 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-050-08 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-050-09 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-060-01 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-060-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-060-03 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-060-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-060-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-060-06 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-060-07 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-060-08 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-060-09 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-070-01 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-070-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-070-03 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-070-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-070-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-070-06 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-070-07 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-070-08 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-070-09 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-080-01 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-080-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-080-03 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-080-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-080-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-080-06 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-080-07 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-080-08 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-080-09 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
:v .-:z->v... . ;o.;irarrw-a::. ar,-~-. •y._,,; ~.r_~ns.~.,resv ca.,:x~^L.r~tis*a~r~i:se+cmneems•;s~mms .~rwr:a
Wednesday, October 01, 2003 Page 10 of 13
?N3
Combined Assessment Roll
SA_NBR ! OP875
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-45060-090-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-090-03 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-090-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-090-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-090-06 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-090-07 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-090-08 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060.100-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-100-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-100-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-100-06 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-100-07 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-100-08 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-110-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-110-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-110-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-110-06 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-110-07 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-110-08 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-120-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-120-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-120-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-120-06 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-120-07 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-130-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-130-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-130-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-130-06 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-130-07 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-140-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
Wednesday, October 01, 2003 Page I1 of 13
Combined Assessment Roll
SA_NBR 1OP875
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-45060-140-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-140-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-140-07 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-150-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-150-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-150-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-150-07 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-160-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-160-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-160-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-160-07 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-170-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-170-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-170-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-170-07 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-180-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-180-04 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-180-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-190-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-190-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-200-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-200-05 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-210-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-220-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-230-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-240-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-250-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-260-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-270-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45060-280-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
(Tl.SAC':NPl SM1+!vLw.+t.S^JES1X1lAGL1CK~MAW?6'1z"."em~.'^r- t:i::_ v:fi-^.'3.v: L•:"T••..m)C!"+"?A@9JS13 '~CW21^.TLY.N..~nX.A:3AR93t.4"iY2LK>'-
Wednesday, October 01, 2003 Page 12 of 13
Combined Assessment Roll
SA_NBR 1OP875
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-45060-290-02 LEXINGTON PLACE SOUTH $381.71 $383.00 $1.29
10-45061-010-01 LEXINGTON PLACE SOUTH 2ND $381.71 $383.00 $1.29
10-45061-020-01 LEXINGTON PLACE SOUTH 2ND $381.71 $383.00 $1.29
10-45061-030-01 LEXINGTON PLACE SOUTH 2ND $381.71 $383.00 $1.29
10-45061-040-01 LEXINGTON PLACE SOUTH 2ND $381.71 $383.00 $1.29
10-45061-050-01 LEXINGTON PLACE SOUTH 2ND $381.71 $383.00 $1.29
10-45061-060-01 LEXINGTON PLACE SOUTH 2ND $381.71 $383.00 $1.29
10-45061-070-01 LEXINGTON PLACE SOUTH 2ND $381.71 $383.00 $1.29
10-45061-080-01 LEXINGTON PLACE SOUTH 2ND $381.71 $383.00 $1.29
10-45062-010-01 LEXINGTON PLACE SOUTH 3RD $381.71 $383.00 $1.29
10-45062-020-01 LEXINGTON PLACE SOUTH 3RD $381.71 $383.00 $1.29
10-45062-030-01 LEXINGTON PLACE SOUTH 3RD $381.71 $383.00 $1.29
10-45062-040-01 LEXINGTON PLACE SOUTH 3RD $381.71 $383.00 $1.29
10-45062-050-01 LEXINGTON PLACE SOUTH 3RD $381.71 $383.00 $1.29
10-45062-060-01 LEXINGTON PLACE SOUTH 3RD $381.71 $383.00 $1.29
10-45062-070-01 LEXINGTON PLACE SOUTH 3RD $381.71 $383.00 $1.29
10-45062-080-01 LEXINGTON PLACE SOUTH 3RD $381.71 $383.00 $1.29
10-45062-090-01 LEXINGTON PLACE SOUTH 3RD $381.71 $383.00 $1.29
10-45062-100-01 LEXINGTON PLACE SOUTH 3RD $381.71 $383.00 $1.29
10-83625-010-01 WESTBROOK FIRST ADDITION $381.71 $383.00 $1.29
10-83625-020-01 WESTBROOK FIRST ADDITION $381.71 $383.00 $1.29
10-83625-030-01 WESTBROOK FIRST ADDITION $381.71 $383.00 $1.29
10-83625-040-01 WESTBROOK FIRST ADDITION $381.71 $383.00 $1.29
10-83625-050-01 WESTBROOK FIRST ADDITION $381.71 $383.00 $1.29
10-83625-060-01 WESTBROOK FIRST ADDITION $381.71 $383.00 $1.29
Summary 1br'SA_NBR' = 1OP875 (385 detail records)
Sum $98,167.08 $98,243.00 $75.92
Wednesday, October 01, 2003 Page 13 of 13
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G: Fecsobility2003/875_LexPloceSou th/Fig 2_ASSESS
5 LEXINGTON PLACE & LEXINGTON PLACE SO. ADDITIONS Figure
AREA ASSESSMENT MAP
City of Eagan PROJECT 875
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
C. PROJECT 876, DREXEL HEIGHTS ADDITION
STREET OVERLAY IMPROVEMENTS
FINAL ASSESSMENT HEARING
ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 876
(Drexel Heights - Street Overlay Improvements) and authorize its certification to Dakota
County for collection.
FACTS:
• Project 876 provided for the bituminous overlay of the streets within the Drexel
Heights Addition, including Dresden Court, Dresden Way, and Drexel Court.
• The Final Assessment Roll was presented to the City Council on September 2, 2003,
with a public hearing scheduled for October 7 to formally present the final costs
associated with this public improvement to the affected benefiting properties.
• The final assessment cost is about 6% more than the estimated benefit amounts that
were presented at the original Public Hearing December 2, 2002, but 5% less than the
revised estimate contained in the notice mailed to residents March 6, 2003. This
increased assessment cost is due mainly to higher bid prices than estimated.
• All notices have been published in the legal papers and sent to all affected property
owners informing them of this public hearing. No written objections have been
received to date. An informational meeting was held on October 2 to address all
property owners' questions or concerns and provide any additional information of
interest. Of the 29 parcels (R-1 Single-Family) being assessed, no one attended the
meeting.
ATTACHMENTS:
• Final Assessment Report, pages through
it
FINAL ASSESSMENT HEARING
PROJECT HEARING DATES
NUMBER - 876 ASSESSMENT - October 7. 2003
NAME - Drexel Heights IMPROVEMENT- December 2.2002
Mill and OverIav
IMPROVEMENTS INSTALLED AND/OR ASSESSED
F.R.=Feasibility Report
FINAL F.R FINAL F.R
RATE RATE UNITS RATE RATE UNITS
SANITARY SEWER STORM SEWER
❑ Trunk ❑ Trunk
❑ Lateral ❑ Lateral
❑ Service ❑ Lat. Benefit/trunk
❑ Lat. Benefit/trunk
WATER STREET
❑ Trunk ❑ Gravel Base
❑ Lateral 0 Surfacing
Single Family 837.86 789 /Lot
❑ Service
❑ Lat. Benefit/trunk
❑ WAC ❑ C/I Equiv.
❑ Trail/Sidewalk
SERVICES STREET LIGHTS
❑ Water & San Sewer ❑ Installation
❑ Energy Charge
CONTRACT NO.OF INTEREST AMOUNT CITY
NO. PARCELS TERMS RATE ASSESSED FINANCED
$22,880 F.R. $46,140 F.R.
03-02 29 5 Year 5.50% $24,297.94 $45,207.03
COMMENTS:
V
MEMO
- city of eagan
MEMO TO: Mayor and City Council
FROM: Gerald R. Wobschall
DATE: August 1, 2003
SUBJECT: Final Assessment Roll Project No.876
Drexel Heights
Street Overlay
The City Council at the conclusion of the public hearing on December 2, 2002 ordered Project 876.
According to the feasibility report, the following improvements were to be constructed and/or assessed.
The improvements are mill and overlay of existing streets and replacement of curb and gutter. In the
feasibility study, it was proposed to assess the improvements using a lot unit method for single-family
properties. This assessment roll is prepared using the lot unit method presented at the public hearing.
Construction of the improvements was accomplished under Contract No. 03-02, which is complete. The
assessment hearing is scheduled for October 7, 2003. The following information was used in the
preparation of the assessment roll.
I. PROJECT COST
The construction cost includes the amount of $56,862.22 paid to the contractor for the construction of the
following detailed improvements. Other costs which consist of engineering, design, contract management,
inspections, financing, legal, bonding, administration, and other totaling in the amount of $12,642.75 were
incurred resulting in an improvement and project cost of $69,504.97. The detail of these other costs is
provided on Schedule I and they are allocated to the improvements constructed in order to determine the
cost of each improvement.
CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY
IMPROVEMENT COST COSTS COST REPORT
Street resurfacing $39,756.25 $8,839.41 $48,595.66 $45,790
Curb repair 16,665.97 3,705.51 20,371.48 23,230
Utility repair 440.00 97.83 537.83 0.00
TOTAL $56,862.22 $12,642.75 $69,504.97 $69,020
i 2 .
w
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
1. Street Overlay
The cost of the street overlay improvement was computed using the following unit prices and quantities:
UNIT EXTENDED
ITEM UNIT QTY PRICE COST
-
Mobilization LS. 1 $700.00 $700.00
Mill bituminous surface Sq. Yd. 3,500 1.10 3,850.00
Bituminous mat. for tack coat Gal. 575 1.75 1,006.25
Type 41 Wear Course Ton 840 35.00 29,400.00
Traffic control L. S. 1 750.00 750.00
Adjust water valve box Each 2 75.00 150.00
Adjust manhole casting Each 12 325.00 3,900.00
SUBTOTAL $39,756.25
Other costs @22.23% 8,839.41
Mill and Overlay Cost $48,595.66
A. Low Density Residential Property Assessment Rate
The improvement cost for the low-density residential property classification was computed using:
TOTAL IMPROVEMENT ASSESSABLE
COST UNITS IMPROVEMENT RATE
$48,595.66 29 Lots $1,675.71/Lot
IMPROVEMENT RATE ASSESSABLE PORTION ASSESSMENT RATE
$1,675.71/ Lot X 50% $837.86/Lot
2. Curb and Gutter replacement
The cost to replace damaged curb and gutter amounted to $16,665.97 and costs in the amount of
$3,705:51 were allocated resulting in a replacement cost of $20,371.48. The City's Major Street Fund
will finance the curb and gutter replacement.
3
9l
3. Utility Repairs
A. Water Utility Repair
The contractor repaired (4) four gate valves at a cost of $110.00 each. This results in a contract cost of
$440.00. Other costs in the amount of $97.83 were allocated resulting in a cost of $537.83. The Water
Division of the City's Utility Fund will finance this repair.
C. ASSESSMENT SPREAD
The special assessments are spread to the abutting and adjacent parcels.
D. ASSESSMENT TERMS
The assessments for this project have a term of 5 years with interest charged at an annual interest rate of
5.50 % on the unpaid balance.
III. CITY REVENUES/(RESPONSIBILITIES)
IMPROVEMENT CITY'S
IMPROVEMENT COST ASSESSMENT (RESPONSIBILITY)
Mill and Overlay $48,595.66 $24,297.94 ($24,297.72)
Curb and Gutter 20,371.48 0.00 (20,371.48)
Replacement
Utility Repair 537.83 0.00 (537.83)
TOTAL $69,504.97 $24,297.94 ($45,207.03)
The following funds will provide financing for the listed improvements.
Major Street Fund $44,619.30
Water Division Utility Fund 537.83
Total $45,207.03
Gerald R. Wobschall
Reviewed Review
Public Works Department Financ epartment
/v 1-0 3 1~~~ vo3
Dated Dated
cc: Thomas A. Colbert, Director of Public Works
Mike Dougherty, City Attorney
Sue Sheridan, Accountant I
GRW
4
i
Combined Assessment Roll
SA NBR JOP876
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
10-15100-022-01 BRAUN SUNRISE ADDITION $837.86 $789.00 ($48.86)
10-15100-030-01 BRAUN SUNRISE ADDITION $837.86 $789.00 ($48.86)
10-15100-040-01 BRAUN SUNRISE ADDITION $837.86 $789.00 ($48.86)
10-21500-010-01 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-010-02 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-010-03 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-010-04 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-010-05 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-020-01 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-020-02 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-020-03 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-020-04 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-020-05 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-030-01 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-030-02 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-030-03 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-030-04 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-030-05 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-040-01 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-040-03 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-050-01 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-050-03 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-060-03 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-070-03 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-080-03 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-090-03 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-21500-100-03 DREXEL HEIGHTS ADDITION $837.86 $789.00 ($48.86)
10-32025-010-01 HARVEYS HERITAGE ADDITION $837.86 $789.00 ($48.86)
10-32025-020-01 HARVEYS HERITAGE ADDITION $837.86 $789.00 ($48.86)
Page I of 2
Wednesday, October 01, 2003
P13
Combined Assessment Roll
SA NBR 1OP876
Under
Estimated (Over)
PID Addition Name Assessment Assesment Estimate
Summary for'SA_NBR' = 1OP876 (29 detail records)
Sum $24,297.94 $22,881.00 ($1,416.94)
Wednesday, October 01, 2003 Page 2 of 2
LEGEND
LOT ASSESSMENT C $ 837.86
ASSESSMENT LIMITS
MILL AND OVERLAY IMPROVEMENT
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DREXEL HEIGHTS ADDITION Figure
STREET IMPROVEMENTS/AREA ASSESSMENT MAP
City of Eagan CITY PROJECT 876 7
qs
Agenda Information Memo
October 7, 2003, Eagan City Council Meeting
D. GARAGE VARIANCES AT 2090 QUARTZ LANE - ROBERT AND RENATE
OWEN
ACTIONS TO BE CONSIDERED:
To approve (OR deny) a Variance to allow the proposed detached accessory structure to exceed
the allowable 800 square feet by 160 square feet, located at 2090 Quartz Lane; subject to the
conditions suggested in the staff report.
To approve (OR deny) a Variance to allow the building coverage to exceed the allowable 20
percent by 1.5 percent, located at 2090 Quartz Lane; subject to the conditions suggested in the
staff report.
To approve (OR deny) a Variance to allow the pitch and style of the proposed roof for the
detached accessory structure to differ from the principal building; subject to the conditions in the
staff report.
REQUIRED VOTE FOR APPROVAL
• Majority of Quorum
FACTS:
• The subject property is 9,000 square feet there is an existing house and detached garage;
the proposed garage will replace the existing garage.
• The proposed detached garage is 960 square feet exceeding the allowed 800 square feet
for detached accessory structures by 160 square feet.
• The garage addition will exceed the 20% lot coverage by 1.5%.
• The proposed detached garage roof will not match that of the principal building. The
house has a hip roof, the garage is proposed to have a gable roof, to prevent ice build up
on the driveway.
60 DAY AGENCY ACTION DEADLINE
• November 9, 2003
ATTACHMENTS (1):
Planning staff report, pages97to Q
q6
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: September 18, 2003 CASE: 30-VA-16-09-03
APPLICANT: Robert& Renate Owen HEARING DATE: October 7, 2003
PROPERTY OWNER: Same APPLICATION DATE:September 8, 2003
REQUEST: Variance PREPARED BY: Sheila Cartney
LOCATION: 2090 Quartz Lane
COMPREHENSIVE PLAN: LD, Low Density
ZONING: R-1, Single Family Residential
SUMMARY OF REQUEST
The applicant is requesting Variances to exceed the 20 percent lot coverage by 1.5 percent; to
exceed the allowed 800 square feet detached accessory structure by 160 square feet and to allow
the pitch and style of the garage roof to differ from the principal structure.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11. Subdivision 3 states that the Council may approve,
approve with conditions or deny a request for a variance. In consider ing all requests for a
variance, City Council shall consider the following factors:
a. Exceptional or extraordinary circumstances apply to the property which do not apply
generally to other properties in the same zone or vicinity, and result from lot size or
shape, topography, or other circumstances over which the owners of property have no
control.
b. The literal interpretation of the provisions of this Code would deprive the applicant
property use commonly enjoyed by other properties in the same district under the
provisions of this Code.
c. That special conditions or circumstances do not result from actions of the applicant.
d. That granting of the variance will not confer on the applicant any special privilege that is
denied by this Ordinance to owners of other lands, structures or buildings in the same
district.
Planning Report - Owen Variance
October 7, 2003
Page 2
e. The variance requested is the minimum variance which would alleviate the hardship.
f. The variance would not be materially detrimental to the purposes of this Code or to
property in the same zone.
CODE REQUIREMENTS
In the R-1, Single Family Residential Zoning district the maximum allowable building coverage
is 20 percent. According to the Accessory Buildings, Structures and Uses section of the Zoning
Code the roof of all detached accessory structures shall match the pitch and style of the principal
structure and when an attached accessory use is not present on the site, the total floor area of all
detached accessory structures shall not exceed 800 square feet.
BACKGROUNDIHISTORY
The subject property was platted as Lot 21, Block 5, Cedar Grove No. 4 in 1964. Cedar Grove
No. 4 was developed with Single Family homes.
EXISTING CONDITIONS
There is an existing 960 square foot single family home with a 440 square foot detached garage
located on the subject site. The detached garage is set back behind the house. The existing home
and garage have matching roof styles and pitch. The driveway is narrow to begin with and
widens towards the garage. The lot size is about 9,000 square feet; the existing buildings occupy
about 15 percent of the lot.
APPLICANT'S ESTIMATE OF HARDSHIP
The applicant is improving the property overall with a new roof, concrete driveway, window
replacement, vinyl siding, aluminum soffit and fascia, new gutters, outdoor lighting, basement
windows with the addition of and egress window and a new garage.
The estimate of hardship provided by the applicant pertains to storage needs and accessibility.
The roof design of the accessory building will vary from the principal building to eliminate ice
ridge on the driveway.
EVALUATION OF REOUEST
The proposed garage will replace the existing garage and will have the same area as the principal
structure. According to the Code, Principal building is defined as the primary building or
structure upon the lot. Accessory is defined as a subordinate use that is located upon the same
lot on which the primary use is situated and which is reasonably necessary and incidental to the
conduct of the primary or main use. If the garage is the same size as the house (principal
structure) then it doesn't appear to be accessory. The proposed garage exceeds the allowable 800
square feet by 160 square feet.
?4tr
Planning Report - Owen Variance
October 7, 2003
Page 3
As well as exceeding the allowable size of a detached accessory structure the proposed garage
will exceed the allowable maximum building coverage of 20 percent. The proposed detached
garage and principal building have a combined building coverage of 21.5 percent. Further the
applicant proposes a different style roof for the accessory structure that does mirror the style of
the principal structure. The code requires all detached accessory structures match the pitch and
style of the principal structure. The applicant states the hardship for changing the roof design "is
to avoid a dangerous ice ridge on the driveway." However, this concern can be alleviated by
using a gutter or diverter for the portion of the garage roof.
SUMMARY/CONCLUSION
The applicant is requesting approval of three variances pertaining to a garage addition. The
proposed garage is 960 square feet, which is 160 square feet over the allowed 800 square feet for
a detached accessory structure. With the addition of the garage the lot coverage exceeds the
maximum 20 percent allowed by City Code by 1.5 percent and the roof structure of the proposed
garage will not match the pitch and style of the principal building.
Attached is a letter from an adjacent neighbor that shares a common rear property line. The
neighbor states that he and his wife do not object to the variance provided the applicant does not
store anything behind the garage or that the applicant installs a six foot security fence along the
common line to "hide any unsightly storage." It is important to note that the neighbors
"conditions" cannot be required by the City.
ACTION TO BE CONSIDERED
To approve a Variance to exceed the allowable 800 square feet for a detached accessory
structure by 160 square feet located at 2090 Quartz Lane; subject to the following conditions:
1. If within one year after approval, the variance shall not have been completed or utilized, it
shall become null and void unless a petition for extension has been granted by the council.
Such extension shall be requested in writing at least 30 days before expiration and shall state
facts showing a good faith attempt to complete or utilize the use permitted in the variance.
2. No other accessory structures shall be permitted on this property.
3. The exterior materials of the garage shall match the existing principal materials.
To approve a Variance to allow the lot coverage to exceed the 20 percent maximum by 1.5
percent for a garage addition located at 2090 Quartz Lane; subject to the following conditions:
1. If within one year after approval, the variance shall not have been completed or utilized, it
shall become null and void unless a petition for extension has been granted by the council.
Such extension shall be requested in writing at least 30 days before expiration and shall state
facts showing a good faith attempt to complete or utilize the use permitted in the variance.
9'9
Planning Report - Owen Variance
October 7, 2003
Page 4
To approve a Variance to allow the roof of the garage addition to differ from the principal
building roof style for the garage addition located at 2090 Quartz Lane; subject to the following
conditions:
1. If within one year after approval, the variance shall not have been completed or utilized, it
shall become null and void unless a petition for extension has been granted by the council.
Such extension shall be requested in writing at least 30 days before expiration and shall state
facts showing a good faith attempt to complete or utilize the use permitted in the variance.
Eagan Boundary
Location Map 1 Street Centerline
Parcel Area
Building Footprint
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1000 0 1000 2000 Feet
Development/Developer. 2090 Quart; Lane
Application: Variance /
Case No.: 30-VA-16-09-03
Map Prepared using ERSI ArcVlew 3.1. Parcel base map data provided N
Affim~ by Dakota County Office of GIS and is current as of June 2003.
THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E
75city of eagan 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.
Robert & Renate Owen
2090-Quartz Lane
Eagan, MN 55122 (651) 452-4182
Location:
Lot 21, Block 5
Subdivision Name:
Cedar Grove No. 4
We are asking for approval of a variance to build a residential garage,
and to vary roof design from the primary building to eliminate
dangerous ice ridge on the driveway.
New garage would be 24x40' (960 sq. ft) a variance is requested to
exceed 800 sq. ft. by 160 sq. ft. and/or 20% of lot, by 1.5% of the lot.
Property size is 9,000 sq. ft..
Included in the overall improvement of the property is a new roof,
concrete driveway, windows, vinyl siding, aluminum soffit and facia,
gutters, outdoor lighting, basement windows including one basement
egress window.
The general contractor for entire project will be Standard Construction
Services 595 - No. Snelling Ave. St. Paul, Mn.. The project
coordinator is Chad Liddicoat. Under his supervision of various crews
of siders, carpenters and concrete workers, it has been determined
that completion should be approximately the middle of November if
the weather holds good until then. The last phase being the concrete
driveway.
The existing land use on the subject property is single family
residential. This will remain unchanged.
ME-CE NE -P - 2003
Robert & Renate Owen
2090-Quartz Lane
Eagan, MN 55122
(651) 452-4182
Location:
Lot 21, Block 5
Subdivision Name:
Cedar Grove No. 4
It is our understanding that a letter of hardship is needed to be
granted a variance. We consider our hardship to be valid
grounds as Robert Owen is a handicapped person, due to a
severe back injury.
He uses a personal mobility scooter that is transported in his
truck. His scooter needs to be loaded, unloaded and batteries
recharged every 2 (two) days, as Mr. Owen needs to go to
Dialysis 3x per week. He also has need for a riding lawnmower,
snow blower and other larger yard equipment that necessitate
an inside storage facility. This garage would also accommodate a
16 ft. fishing boat, a 1967 Chevelle hobby car, a homemade
non-street legal vehicle, used in parades and shows.
Robert and Renate Owen have much difficulty brushing the
snow from their vehicles, these also would be parked inside the
garage.
Additional storage of 25 years of accumulations, such as family
heirlooms, tax records, hand tools and power tools are also
needed.
1003 RECE ED ISET 1 2 2003
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Willow River Construction, LLC
443 Brookwood Dr
Hudson, WI 54016
Thu Aug 14 21:06:04 2003
The materials in this garage will cost $14303.15
Drawing: 3-Dimensional View
i
Agenda Information Memo
October 7, 2003, Eagan City Council Meeting
E. VARIANCE TO REQUIRED REAR FIVE FOOT SETBACK FOR A PORCH
ADDITION AT 4687 WILDWOOD STREET (Stephen Palo)
ACTIONS TO BE CONSIDERED:
To approve (OR deny) a five foot variance to the five foot required rear yard setback for a porch
addition at 4687 Wildwood Street; subject to the conditions suggested in the staff report.
REQUIRED VOTE FOR APPROVAL
• Majority of Quorum
FACTS:
• The subject property is zoned Planned Development which allows for varying setbacks,
lot coverage and smaller lots.
• The site was developed with detached town homes on small lots. The subject lot is 5,000
square feet.
• A zero lot line is proposed for the porch, currently the principal structure is zero lot line
to the north, five feet from the west property line, 12 feet from the south property line and
25 feet from the front property line.
• The development was intended for the specific layouts of the existing houses which
leaves little room for expansion.
60 DAY AGENCY ACTION DEADLINE
• November 14, 2003
ATTACHMENTS (1):
Planning staff report, pages Abo
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: September 18, 2003 CASE: 31-VA-17-09-03
APPLICANT: Stephen Palo HEARING DATE: October 7, 2003
PROPERTY OWNER: Same APPLICATION DATE: Sept. 15,2003
REQUEST: Variance PREPARED BY: Sheila Cartney
LOCATION: 4687 Wildwood Street
COMPREHENSIVE PLAN: LD, Low Density
ZONING: PD, Planned Development
SUMMARY OF REQUEST
The applicant is requesting approval of a five foot Variance to the required five foot rear yard
setback for a sunroom addition; located at 4697 Wildwood Street in the NW 1/4 of Section 31.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11. Subdivision 3 states that the Council may approve,
approve with conditions or deny a request for a variance. In considering all requests for a
variance, City Council shall consider the following factors:
a. Exceptional or extraordinary circumstances apply to the property which do not apply
generally to other properties in the same zone or vicinity, and result from lot size or
shape, topography, or other circumstances over which the owners of property have no
control.
b. The literal interpretation of the provisions of this Code would deprive the applicant
property use commonly enjoyed by other properties in the same district under the
provisions of this Code.
c. That special conditions or circumstances do not result from actions of the applicant.
d. That granting of the variance will not confer on the applicant any special privilege that is
denied by this Ordinance to owners of other lands, structures or buildings in the same
district.
e. The variance requested is the minimum variance which would alleviate the hardship.
//02
Planning Report - Palo Variance
October 7, 2003
Page 2
f. The variance would not be materially detrimental to the purposes of this Code or to
property in the same zone.
CODE REQUIREMENTS
The property is zoned Planned Development. Planned Developments may deviate from certain
standard requirements of the zoning code when specifically approved as part of the Planned
Development. The rear yard setback in the R-3, Residential Townhouse district is 30 feet. The
applied Planned Development rear yard setback is five feet.
BACKGROUNDMISTORY
The subject property is part of the Oak Cliff Pond Addition subdivided in 1987. The subdivision
consists of detached zero lot line town homes. The subdivision was approved with flexible rear
year setbacks ranging from five feet to 21 feet.
EXISTING CONDITIONS
The subject 5,000 square foot site contains a 1,442 square foot detached town home with a two
car attached garage. The house is situated with a zero lot line to the north, a 25 foot front yard
setback, 12 foot side yard and five foot rear yard setback. There is an existing deck to the rear
that is about 100 square feet.
EVALUATION OF REQUEST
The applicant is requesting a zero lot line rear yard setback for the proposed 155 square foot
porch addition. The addition will be on the southwest side of the house. There is an existing 100
square foot deck on the west side of the house that will remain during and after construction of
the porch.
The subject site abuts common area to the west and other detached town homes to the north and
south, Wildwood street is on the east side of the lot. This development is part of a Planned
Development which allow for varying setbacks, lot coverage and smaller lots. The homes are
situated on the lots to provide some yard space, the reduced setbacks are to allow these types of
houses on smaller lots, and the development was intended for the specific layouts of the existing
houses which leaves little room for expansion.
APPLICANT'S ESTIMATE OF HARDSHIP
The size of the lot and established setbacks challenge any additions to the home.
//.3
Planning Report - Palo Variance
October 7, 2003
Page 3
SUMMARY/CONCLUSION
The applicant is requesting a variance to the five foot rear yard setback for a porch addition. The
property is zoned Planned Development, allowing varying setbacks, lot coverage and smaller
lots. The porch addition is proposed with a zero lot line on the southwest side of the lot. The
adjacent property to the west is common space.
ACTION TO BE CONSIDERED
To approve a five foot Variance to the five foot rear yard setback for a porch addition at 4687
Wildwood Street; subject to the following conditions:
1. If within one year after approval, the variance shall not have been completed or utilized,
it shall become null and void unless a petition for extension has been granted by the
council. Such extension shall be requested in writing at least 30 days before expiration
and shall state facts showing a good faith attempt to complete or utilize the use permitted
in the variance.
2. The building materials shall match the principal structure.
Stephen Palo
4697 Wildwood Street
Eagan, MN 55122
Home: 651-894-8852
Office: 612-991-5422
September 15, 2003
Sheila Carlney
Planner
City of Eagan
3860 Pilot Knob Road
Eagan, MN 55122-1897
Dear Ms. Cartney:
Attached please find the City of Eagan development application request for Variance at
4687 Wildwood St., Eagan MN 55122, Lot 11, Block 4, Oak Cliff Pond.
The planned community where I reside has a 5' rear property line structural set back. This
code hinders my planned sunroom addition. The RI property standards pose a hardship to
me in building a room addition on my residence in a non-RI development. Additionally
I am challenged with the lot size of my property, which is considered a % lot with zero lot
lines.
I am respectfully requesting a Variance to the 5' rear property line structural set back in order
to build a sun room addition as shown with the attached architectural drawings parallel to the
existing rear property line.
Sincerely,
Stephen Palo
Attachment
Cagan boundary
Location Map Street Contorting,
Parcel Area
~I Building Footprint
Mao
It
Sub ect Site
ago
1
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1000 0 1000 2000 Feel
Development/Developer: Stephen Palo
Application: Variance
Case No.: 31-VA-17-09- `
Map Prepared using ERSI ArcVlsw 7.1. Parcel bass map data provided N
by Dakota County OMce of GIS and Is current as of June 2007.
W E
city of eag~n THIS MAP IS INTENDED FOR REFERENCE USE ONLY
The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
Community Development De■ertrr■nt not responsible for errors or omissions.
, 2422 Enterprise Drive
~C Mendota Heights, MN 55120
* PIONEER LAND SURVEYORS • CIVIL ENGINEERS (612) 681-1914-Fox 681-9488
engineering LAND PLANNERS • LANDSCAPE ARCHITECTS 625 Highway 10 Northeast
Blaine, MN 55434
♦c * * (612) 783-1880•Fox 783-1883
Certificate of Survey for: OCP Homes, Inc.
ti House Address: 4687 Wildwood Street, Eagan. MN
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. 900.0 Denotes Proposed Elevation Lower Level Elevation: 935.3q
Denotes Drainage & Utility Easement
Denotes Drainage Flow Direction Main Level Elevation: =j3q.t,Z
---0-- Denotes Monument Garage Slab Elevation: ci3-7, o3
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LOT 11 IF BLOCK -4 OAK CLIFF POND
DAKOTA COUNTY. MINNESOTA
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Agenda Information Memo
October 7, 2003, Eagan City Council
VI. OLD BUSINESS
A. PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP,
LLC (DAYS INN)
ACTION TO BE CONSIDERED:
To approve (OR to deny) a Planned Development Amendment to allow a maintenance building
within a utility easement on property located at 4510 Erin Drive, legally described as Lot 2, Block 1,
Honey Tree l't Addition, in the SW t/4 of Section 30, subject to the attached conditions.
To approve (OR to deny) a Planned Development Amendment modifying the landscape plan on
property located at 4510 Erin Drive, legally described as Lot 2, Block 1, Honey Tree I' Addition, in the
SW'/4 of Section 30, subject to the attached conditions.
REQUIRED VOTE FOR APPROVAL:
• At least three votes.
FACTS:
• In previous Council meetings on August 4 and August 19, 2003, the Council discussed the
landscaping, the trail, and the maintenance building. The Council discussed and is generally in
support of revising the landscaping deleting the trail and allowing the maintenance building to
remain in the City easement provided a hold harmless agreement is executed, and that plantings do
not conflict with public access to the easement for maintenance purposes.
• On August 19, 2003, the Council continued this item with direction that the applicant and staff work
together to resolve the outstanding security lighting issues.
• Since that time, city staff has conducted a nighttime site visit and provided the applicant with
observations and comments regarding deficiencies in security lighting, and general
recommendations for improving security lighting on the site.
• In response, the applicant is proposing to make some changes and additions to the site lighting.
• A letter from the Timm Hotel Group is attached which describes the changes, with specific
references to the deficiencies identified in Officer Duane Pike's memo.
• A modified list of conditions of approval is attached for the Council's consideration. These
conditions have been edited to reflect the Council's discussions thus far, and the comments of the
Advisory Planning Commission, as well as some additions suggested by staff as a result of the
revised proposal.
60-DAY STATUS:
• The deadline has been extended and is now October 27, 2003.
ATTACHMENTS (7):
Proposed conditions of approval, page
Memo from Officer Duane Pike regarding lighting, page JX
Letter from Timm Hotel Group, age
Proposed Lighting Plan, pages
Proposed Site and Landscape Pans, pagesWy through
City Council minutes of August 4 and 19, 2003, pages/00 through
~~9
DAYS INN PLANNED DEVELOPMENT AMENDMENT
CONDITIONS OF APPROVAL
Maintenance Building:'
1. An Amendment to the Planned Development Agreement shall be executed and recorded with
the Dakota County Recorder's office.
2. The Owner shall execute an agreement holding the City harmless for any damages to the
maintenance building or trash enclosure that may result from the City's use and maintenance
of the easement. The agreement shall be submitted for review and approval by the City
Attorney prior to execution.
Landscape Modifications:
1. An Amendment to the Planned Development Agreement shall be executed and recorded with
the Dakota County Recorder's office.
2. The landscaping must be completed by October 1, 2003.
landseaping and mplaeement of any materials that do net stn=~,ive the first yeaf fellewift
installatien.
4. The trail along the east edge of the prepei4y shall be r-eeenstraeted and sur-faeed with
5. The applicant shall incorporate the original trail alignment into the overall maintained lawn
area at a comparable grade sufficient to allow unimpeded access by City maintenance
equipment within the existing utility easement on the east side of the property.,
6. Seetuity li&ing shall be added around the building and te illuminate the trail. Lighting shall
be suffleient to provide for- seeur-ity, safety and tfaffie eifeula4ien, but shielded and diffused
Additional lighting for security purposes shall be provided on the east side of the building
according to the lighting plan received September 29, 2003. Replacements and repairs to
existing lighting shall be completed as indicated in the applicant's letter dated September 30,
2003.
7. Trees near the building and the path shall be pruned of branches below seven feet and shrub
material shall not exceed 3 feet in height. For security purposes, shrubs along the trail and
around the building shall not exceed three feet in height and shall provide open spaces such
that the planting is not continuous and dense.
8. The owner shall be responsible for maintenance of site lighting and landscaping, including
repair or replacement of non-working lights, and ensuring the health of the landscaping
including the removal of litter, necessga 12runing and replacement of any plant materials that
die or are removed due to disease.
/0?o
POLICE DEPARTMENT
MEMO
a
city of eagan
DATE: August 28, 2003
TO: Todd Kirchgatter
FROM: Duane Pike
SUBJECT: Days Inn Lighting
Please see attached sketch.
1. The North parking lots have many dark spots and it was difficult to see
between the cars due to shadowing. More lights are needed on the edges
on in the center of the lot.
2. Dark by the dumpster area and the entire East side of the hotel is dark
and adjacent to the weeds and wooded area. Wall pack lights on the
building would solve this. I only saw accent lights.
3. A dangerous area between the pool and hotel on the East side. The pool
juts out creating a pocket of area that allows someone to hide and
approach first floor windows.
4. The lighting for the parking lots on the South and West side is probably
at the minimum. I believe the addition of wall packs like the apartment
complexes use would brighten up the parking areas. I only saw accent
lighting.
5. On the South side above two doors I saw that wall pack lights are burnt
out or turned off.
6. I saw another wall pack light on the West side closer to the office area
was burnt out or off.
TIMM HOTEL GROUP
- 6110 Blue Circle Drive • Suite 237
Minnetonka, MN 55343-9132
September 30, 2003
TO: Pam Dudziak
City of Eagan Planner
FROM: Greg Timm
Eagan Hotel Group, LLC
Dba: Days Inn
Subject: Lighting
In response to the city of Eagan Police Departments Memo Dated August 28th referencing
Days Inn lighting concerns:
1. The North parking lot that officer Pike refers to is actually the parking lot of
the owner to the North of us. Construction is still on going.
2. The dark area by the dumpster - Owner will insert 1 wall pack 150 watt HPS
on south side of dumpster enclosure and replace existing wall pack by back
door with a larger 150 watt hps wall pack (fixture number
wpm 152LXLIPIIOA)
The darkness on east side of the hotel shall - Owner will insert two flood
lights Lithonia (fixture number TFM 150STAI20PEDMBLPI) these fixtures
will be roof mounted on the north end of the pool building and shine down on
the dark areas.
3. Dangerous area between pool building and hotel building on east side - flood
lights listed above in number two will resolve this issue.
4. Lighting for the parking lots on the South Side and West side is "probably" at
a minimum owners agent (J.H. Larson Company -a lighting professional)
feels that parking lot area on the south and west side is well lit and additional
lighting of the parking lot area on the south and west side would be
unnecessary.
5. South side above two doors wall pack lights burnt out - owner replacing bulbs
6. Wall pack close to office area burnt out - owner replacing bulb
`:_`P 3 2003
/OZ 9
Minnesota Fax E-Mail
(952) 932-9987 (952) 932-9787 infoChotel-brokee.com
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C4.mrul Fs (763) 545-1144
GREGG REGARDING THE DAYS INN LIG mduww Wabsits: www.jMarson.com
SITE LABELED -A- ON ENCLOSED SITE PLAN IS QUANTITY TWO STONCO
BRAND WALL PACS -WPM152LXLIPUOA.
SITE LABEL -B- IS QUANTTY ONE LITHONIA TFM150STA12OPEDU BLPI
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AND IS ANGLED DOWN.
SITE LABELED -C- IS A LITHONIA TFM150STA120PEDUBLPI AND IS ALSO
ROOF MOUNTED BUT IS ANGLED PARALLEL TO THE PROPERTY LINE.
THIS LIGHT LEVEL SHOULD SATISFY YOUR LIGHTING REQUIREMENTS.
IF YOU HAVE ANY QUESTIONS YOU CAN REACH ME AT 612-360-0410.
THANKS CURT GRANZOW.
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Eagan City Council Meeting Minutes
August 4, 2003
Page 5
The applicant addressed the City Council. The City Council discussed the applicant's request.
Councilmember Fields moved, Councilmember Maguire seconded a motion to approve a Planned
Development Amendment to allow the outside race track to be uncovered at all times on property located at 1960
Cliff Lake Road in the SW '/4 of Section 29, subject to the following conditions: Aye: 5 Nay: 0
1. An Amendment to the Planned Development Agreement shall be executed and recorded against the
property at Dakota County within 60 days of approval.
2. A fence shall be installed at the rear of the track for separation purposes.
3. Stone pavers shall be installed along the edge of the viewing stand as indicated on plans dated June 18,
2003.
4. Mulch shall be placed in the planting beds.
5. Landscape restoration shall occur on site.
Councilmember Maguire moved, Councilmember Fields seconded a motion to deny a Planned
Development Amendment to allow a 4' x 6' sign describing the purpose of the track on property located at 1960
Cliff Lake Road in the SW %4 of Section 29. Aye: 5 Nay: 1 (Carlson opposed)
PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN)
City Administrator Hedges introduced this item regarding a planned development amendment to allow a
maintenance building within a utility easement on property located at 4510 Erin Drive. Senior Planner Ridley gave a
staff report.
The applicant, representing Eagan Hotel Group, LLC (Days Inn) addressed the City Council. The City
Council discussed the easements that exist on the property.
The City Council recessed at 8:10 p.m. in order for the applicant to confer with the City's legal staff
regarding easements on the property.
The City Council reconvened at 8:30 p.m.
The City Council further discussed the applicant's request that the City waive the contractual obligation for
trail installation. The applicant noted that access to the manholes on the property could be achieved via grading and
turf placement. The applicant stated she is willing to provide access to reach utilities.
Councilmember Carlson moved, Councilmember Maguire seconded a motion to continue the item to the
August 19 City Council meeting to allow the applicant and staff the opportunity to review the landscape plan and
determine whether it impedes utility access, and to send a letter of continuance to the applicant. Aye: 5 Nay: 0
PLANNED DEVELOPMENT AMENDMENT - SAM'S WEST, INC.
City Administrator Hedges stated the applicant had requested that this item be continued.
Councilmember Maguire moved, Councilmember Fields seconded a motion to continue consideration to the
August 19, 2003 Council meeting of a Planned Development Amendment to allow the addition of motor fuel sales
on property located at 3035 Denmark Avenue, south of Lone Oak Road and east of 1-3 5E in the NE '/4 of Section 10.
Aye: 4 Nay: 1 (Carlson opposed)
INTERIM USE PERMIT - DUKE REALTY CORPORATION
City Administrator Hedges stated the applicant had requested that this item be continued.
Eagan City Council Meeting Minutes
August 19, 2003
Page 3
OLD BUSINESS
PLANNED DEVELOPMENT AMENDMENT - EAGAN HOTEL GROUP, LLC (DAYS INN)
City Administrator Hedges introduced this item regarding a Planned Development Amendment to allow a
maintenance building within a utility easement and modifications to the approved landscape plan on property located
at 4510 Erin Drive. Senior Planner Ridley gave a staff report.
Beth Timm, representing the applicant, questioned the requirement of security lighting on the east side of the existing
building. She requested a continuance to allow time to discuss the security lighting issue further with staff.
Councilmember Carlson moved, Councilmember Fields seconded a motion to continue consideration of a Planned
Development Amendment to allow a maintenance building within a utility easement and modifications to the
approved Landscape Plan for the property located at 4510 Erin Drive, legally described as Lot 2, Block 1, Honey
Tree IS` Addition, in the SW '/4 of Section 30 Aye: 4 Nay: 0 (Mayor absent)
J
PLANNED DEVELOPMENT AMENDMENT - SAM'S WEST, INC.
City Administrator Hedges stated that the applicant for this item has requested a continuation until the September 2,
2003 City Council meeting.
Councilmember Maguire moved, Councilmember Tilley seconded a motion to continue consideration of a Planned
Development Amendment to allow the addition of motor fuel sales on property located at 3035 Denmark Avenue,
south of Lone Oak Road and east of I-35E in the NE of Section 10. Aye: 5 Nay: 0 (Mayor absent)
INTERIM USE PERMIT - DUKE REALTY CORP.
City Administrator Hedges introduced this item regarding a request for an Interim Use Permit to allow additional
outdoor tractor trailer/truck storage at 1245 Trapp Road. Senior Planner Ridley gave a staff report.
Bob Smith, representing the applicant, discussed the interim use permit request. He stated that the number of trucks
could be decreased if necessary.
Councilmembers discussed the number of trucks to be stored on the site and it was agreed that a maximum of
thirteen would be appropriate. The time frame of the interim use permit was discussed and it was agreed to limit the
permit to five years.
Councilmember Carlson moved, Councilmember Tilley seconded a motion to approve an Interim Use Permit to
allow an additional nine outdoor tractor trailer/truck storage on Lots 1 and 2, Block 1 Eagandale Center Industrial
Park No. 12 at 1245 Trapp Road, subject to the following conditions. Aye: 5 Nay: 0
1. This Interim Use Permit shall be recorded at Dakota County within 60 days of approval by the City
Council, and proof of recording submitted to the City.
2. Outdoor storage shall be limited to tractor/trailer and straight truck storage in the amount and at the
location shown on revised site plans dated June 20, 2003.
3. The north parking lot shall be restriped to accommodate the angled parking of 13 53 foot
tractor/trailers at the location shown on the revised site plan dated June 20, 2003.
4. Outdoor storage of tractor/trailers may only use required off-street parking spaces if the tenant parking
needs are met by existing off-street parking spaces at the north side of the subject lot.
5. All trailers must be stored in an orderly fashion.
6. Additional coniferous landscape material shall be added between the storage area and I-494 to more
adequately screen the designated storage location to be completed by October 15, 2003.
7. All parking and storage areas shall be properly maintained to prevent deterioration.
8. The Interim Use Permit shall expire on August 4, 2008.
/or
Agenda Information Memo
October 7, 2003, Eagan City Council
VII. NEW BUSINESS
A. WAIVER OF PLATTING (LOTS 2 AND 3, POPPLER HOMESTEADS
NO.2) - MICHAEL TIERNEY
ACTION TO BE CONSIDERED:
To approve a Waiver of Platting to shift the common lot line between Lots 2 and 3, Poppler
Homesteads No. 2, located at 3055 and 3045 Poppler Lane in the NW '/4 of Section 10, subject to
the conditions listed in the APC minutes.
REQUIRED VOTE FOR APPROVAL:
• Majority of quorum
FACTS:
• This property was platted in 1996.
• Lot 2 contains an existing home which was constructed in 1976. Lot 3 is vacant.
• Sanitary sewer and water are available to serve both lots.
• The property is zoned R-1, single-family residential, and is located within the shoreland
overlay district of LeMay's Lake.
• The proposal shifts the common lot line to the north, adding approximately 1,430 sq. ft. to
Lot 3 from Lot 2.
• The resulting two parcels will both meet dimensional zoning standards of both the R-1 and
shoreland zoning districts.
• The existing home on Lot 2 will continue to satisfy setback requirements; construction on Lot
3 will be subject to both the R-1 and Shoreland zoning requirements at the time of building
permit.
• The APC held a public hearing regarding the Waiver of Platting on September 23, 2003 and
did recommend approval, subject to the conditions listed in the APC minutes.
120-DAY STATUS:
• The deadline for action on this subdivision is December 18, 2003.
ATTACHMENTS (2):
APC Minutes from September 23, 2003, page 30 -131
Staff Report, pages / q2 through It _QAq
~a
DRAFT
MINUTES OF A REGULAR MEETING OF THE
EAGAN ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
September 23, 2003
A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, September
23, 2003 at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Heyl, Members
Gladhill, Bendt, and Leeder. Also present were Senior Planner Mike Ridley, Planner Pam
Dudziak, Planner Sheila Cartney, Assistant Engineer John Gorder, City Attorney Bob Bauer, and
Recording Secretary Camille Worley.
AGENDA
Member Leeder moved, Member Hansen seconded a motion to adopt the Agenda.
All voted in favor. Motion carried 4-0.
August 26, 2003 ADVISORY PLANNING COMMISSION MEETING MINUTES
Member Gladhill moved, Member Leeder seconded a motion to approve the August 26, 2003
Advisory Planning Commission Meeting minutes.
All voted in favor. Motion carried 4-0.
III. PUBLIC HEARINGS
A. WAIVER OF SUBDIVISION - MICHAEL TIERNEY
A Waiver of Subdivision to change the property line between Lots 2 & 3, Block
1, Poppler Homesteads #2, located at 3045 and 3055 Poppler Lane in the NW 1/4
of Section 10.
Planner Dudziak introduced this item and highlighted the information presented in the
City Staff report dated September 16, 2003. She noted the background and history.
Chair Heyl opened the public hearing.
There being no public comment, Chair Heyl closed the public hearing and turned the
discussion back to the Commission.
Chair Heyl inquired about the reason the applicant is requesting that the lot line be
moved.
Applicant Leslie Tierney explained they are requesting that the lot line be moved to give
them more buildable space and to align the north property line parallel with the
shoreline.
Chair Heyl stated she is in favor of granting the request.
Member Leeder moved, Member Hansen seconded a motion to approve Waiver of
Subdivision to change the property line between Lots 2 & 3, Block 1, Poppler
130
City of Eagan
Advisory Planning Commission Meeting Minutes DRAFT
September 23, 2003
Page 2
Homesteads #2, located at 3045 and 3055 Poppler Lane in the NW % of Section 10
subject to the following conditions:
1. Within 60 days following City Council approval of the Waiver, the applicant shall
file with the County Auditor a lot combination agreement to combine Lot 3 with
the small portion of Lot 2, Block 1, Poppler Homesteads No. 2, for tax purposes,
and proof of the filing shall be submitted to the City.
2. A five foot public drainage and utility easement along each side of the new
property line shall be created by separate document in a form acceptable to the
City Attorney and recorded with the Lot Combination Agreement.
3. Construction on Lot 3 will be subject to both the R-1 and Shoreland zoning
requirements at the time of building permit. Sanitary sewer and water are
available to serve both lots.
A vote was taken.
Aye: Chair Heyl, Members Hansen, and Leeder.
Member Gladhill abstained from voting on this item.
Motion carried 3-0
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: September 16, 2003 CASE: 10-WA-03-08-03
APPLICANT: Michael Tierney HEARING DATE: September 23, 2003
PROPERTY OWNER: Michael Tierney/ APPLICATION DATE: August 20, 2003
Aurelia Poppler
REQUEST: Waiver of Platting PREPARED BY: Pamela Dudziak
LOCATION: 3045 & 3055 Poppler Lane
COMPREHENSIVE PLAN: LD, Low Density
ZONING: R-1, Single Family Residential
SUMMARY OF REQUEST
Michael Tierney is requesting approval of a Waiver of Platting to shift a lot line between two
existing platted lots, Lots 2 and 3, Block 1, Poppler Homesteads No. 2, located at 3045 and 3055
Poppler Lane in the NW '/4 of Section 10.
AUTHORITY FOR REVIEW
City Code Section 13.02, Subd. 2 states that the Council may waive compliance with any of the
provisions of the Subdivision Regulations where compliance will involve an unnecessary
hardship, where failure to comply does not interfere with the purpose of the Subdivision
Regulations, or where an improved plat can be achieved by deviation from certain provisions of
the Subdivision Regulations. Section 13.40, Subd. 4 further states that the Council may impose
conditions and safeguards in the variances or waivers so granted.
BACKGROUND/HISTORY
Poppler Homesteads No. 2 was platted in 1996.
EXISTING CONDITIONS
The site is located at the southwest end of the Poppler Lane cul-de-sac. Lot 2 contains an
existing home which was constructed in 1976. Lot 3 is vacant. Lot 3 extends into Lemay's Lake
to the south, and the topography slopes southward toward the lake. The vacant lot is relatively
open with some scattered trees. Sanitary sewer and water are available to serve both lots.
13 CZ
Planning Report - Michael Tierney
September 23, 2003
Page 2
EVALUATION OF REQUEST
The site is zoned R-1, Single-Family Residential, and is located within the Shoreland Overlay
District of LeMay Lake and thus, is also subject to Shoreland zoning standards. Lemay's Lake is
designated as a General Development Lake. In the joint application of zoning standards, the
more restrictive standard applies.
Lot Lot Width at Setbacks Building Lot
Size Width Shoreline Hei ht Coverage
R-1 12,000 s.f. 85' N/A Front 30' 35' 20% bldg.
Zoning Side coverage
Standards 10' house area
5' garage
Rear 15'
Shoreland Avg. Size 75' 75' 50' bldg. 35' 25%
Riparian Riparian: from impervious
Lot 3 15,000 s.f. OHWL* surface
NonRiparian Nonriparian
Lot 2 12,000 s.f.
* OHWL = Ordinary High Water Level
The proposed subdivision shifts the common lot line 24 feet to the north along the west
boundary, while keeping the same point along the east boundary at Poppler Lane. The result is
that a triangular area of 1,430 sq. ft. will be added to Lot 3 from Lot 2.
Lot 2 is currently 21,065 sq. ft. in area and Lot 3 is 99,813 sq. ft. although a large portion of Lot
3 is located below the ordinary high water level of Lemay's Lake. With the subdivision, the
resulting size for Lot 2 is 19,635 sq. ft., and for Lot 3 is 101,243 sq. ft. The Shoreland Overlay
District only permits land above the ordinary high water level to be used to meet minimum lot
area requirements. While we do not have the Lot 3 area above the ordinary high water level, the
area of Lot 3 is being increased with this subdivision.
With a side yard setback of 27 feet to the propose lot line, the existing home on Lot 2 continues
to satisfy minimum setback requirements. Construction on Lot 3 will be subject to both the R-1
and Shoreland zoning requirements at the time of building permit.
The applicant intends to seek vacation of the drainage and utility easement along the existing lot
line. While it is not required to vacate this existing easement, it is desirable to do so. A five foot
drainage and utility easement should be provided along both sides of the new property line. This
easement should be provided by separate document to be reviewed by the City Attorney and
recorded with the Lot Combination Agreement.
Planning Report - Michael Tierney
September 23, 2003
Page 3
SUMMARY/CONCLUSION
The Waiver of Subdivision is proposed to shift the common lot line to the north to enlarge the
area of Lot 3. Lot 2 is developed with an existing home, and Lot 3 is currently vacant.
Construction on Lot 3 will be subject to compliance with R-1 and Shoreland zoning standards at
the time of building permit.
ACTION TO BE CONSIDERED
To recommend approval of a Waiver of Subdivision to shift a lot line between two existing
platted lots, Lots 2 and 3, Block 1, Poppler Homesteads No. 2, located at 3045 and 3055 Poppler
Lane in the NW '/a of Section 10. If approved, the following conditions should apply:
1. Within 60 days following City Council approval of the Waiver, the applicant shall file
with the County Auditor a lot combination agreement to combine Lot 3 with the small
portion of Lot 2, Block 1, Poppler Homesteads No. 2, for tax purposes, and proof of the
filing shall be submitted to the City.
2. A five foot public drainage and utility easement along each side of the new property line
shall be created by separate document in a form acceptable to the City Attorney and
recorded with the Lot Combination Agreement.
3. Construction on Lot 3 will be subject to both the R-1 and Shoreland zoning requirements
at the time of building permit. Sanitary sewer and water are available to serve both lots.
FINANCIAL OBLIGATION-Waiver of Subdivision 10-WA-03-08-03
Lots 2 and 3 Block 1, Poppler Homestead #2
There are pay-off balances of special assessments totaling $-0-on the parcels for which
the Waiver of Subdivision is requested. Any pay-off balance will be assigned to the lots
created by the Subdivision.
At this time, there are no pending assessments on the parcel proposed for for which the
Waiver of Subdivision is requested.
This estimated financial obligation is subject to change based upon the areas, dimensions
and land uses contained in the Waiver of Subdivision.
Based upon the study of the financial obligations collected in the past and the uses
proposed for the property, the following charges are proposed. The charges are
computed using the City's existing fee schedule and for the connection and availability of
the City's utility system. The charges will be computed using the rates in effect at time of
connection or subdivision.
IMPROVEMENT USE RATE QUANTITY AMOUNT
None
Total $-0-
Eagan Boundary
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Map Prepared using ERSI ArcMew 3.1. Parcel base map data provided N
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THIS MAP IS INTENDED FOR REFERENCE USE ONLY w E
city of eagan The City of Eagan and Dakota County do not guarantee the accuracy of this information and are S
WmmuNty Developmerd Depart""t not responsible for errors or omissions.
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Agenda Information Memo
October 7, 2003 Eagan City Council
B. CONDITIONAL USE PERMIT - TRINITY LONE OAK LUTHERAN
CHURCH
ACTION TO BE CONSIDERED:
To approve a Conditional Use Permit to allow construction of a pylon sign on property located
at 2950 Hwy. 55, legally described as Section 2, Twn 27, Range 23, 5.36 A in SE 1/4 of SE 1/4
for church & cemetery in the southeast %4 of Section 2, subject to the conditions in the APC
minutes.
FACTS:
• City Code allows one freestanding sign per building. By definition in the Sign Code, any
sign which projects more than seven feet above ground level is considered a pylon sign
and requires a Conditional Use Permit.
• The proposed sign is 16 feet high and contains 80 square feet of sign face area. The sign
is to be located in the sloped open area visually between the church and the cemetery, and
set back a minimum of 10' from the west property line, and will be internally lit.
• The proposed sign will be in addition to a brick monument sign currently used on the site.
It is proposed the monument remain in its current location. No other construction or land
use changes are being requested.
ATTACHMENTS:
APC Minutes, September 23, 2003_A it/
Staff Report, pages~ 11f %
rml through
/ V-0
City of Eagan
Advisory Planning Commission Meeting Minutes DRAFT
September 23, 2003
Page 3
B. CONDITIONAL USE PERMIT -TRINITY LONE OAK LUTHERAN CHURCH
A Conditional Use Permit for a pylon sign at 2950 Hwy 55 in the SW of
Section 2.
Senior Planner Ridley introduced this item and highlighted the information presented in
the City Staff report dated September 15, 2003. He noted the background and history.
Chair Heyl opened the public hearing.
There being no public comment, Chair Heyl closed the public hearing and turned the
discussion back to the Commission.
Member Gladhill explained that he previewed the property and although the nearest
pylon sign is at the Amoco Station, it still meets the theme along the highway. He is in
favor of approving the request.
Member Gladhill moved, Member Hansen seconded a motion to approve Conditional
Use Permit for a pylon sign at 2950 Hwy 55 in the SW of Section 2 subject to the
following conditions:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days
of approval by the City Council.
2. A Sign Permit shall be obtained from the City prior to installation of the sign.
3. The existing temporary sign in violation of City Code shall be immediately
removed from the property.
4. The pylon sign shall be setback a minimum of 10' from the west property line,
face north and south perpendicular to Hwy 55, and be located in the sloped open
area visually between the church and the cemetery, as shown on the site plan
received 08-14-03.
5. The pylon sign shall comply with the sign plans received 08-14-03.
6. Landscaping consistent with a mulched landscape bed, landscape border and
evenly spaced dense evergreen shrubs to fill the sloped area at the base of the
sign shall be implemented within 6 months of the installation of the sign.
All voted in favor. Motion carried 4-0.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: September 15, 2003 CASE: 02-CU-11-08-03
APPLICANT: Trinity Lone Oak Lutheran HEARING DATE: September 15, 2003
Church
PROPERTY Trinity Lone Oak Lutheran APPLICATION DATE: August 14, 2003
OWNER: Church
REQUEST: Conditional Use Permit PREPARED BY: Mary Granley
LOCATION: 2950 Hwy 55
COMPREHENSIVE PLAN: SA, Special Area
ZONING: PF, Public Facility
SUMMARY OF REQUEST
Trinity Lone Oak Lutheran Church is requesting approval of a Conditional Use Permit to
construct a maximum 16 feet tall, 80 square feet pylon sign on property located at 2950 Hwy 55
on the east side of Hwy 55, north of Lone Oak Road, legally described as Section 2, Twn 27,
Range 23, 5.36 A in SE 1/4 of SE 1/4 for church & cemetery in the southeast 1/a of Section 2.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following.
Subdivision 4C, Standards, states that the Planning Commission shall recommend a conditional
use permit and the Council shall issue such conditional use permits only if it finds that such use
at the proposed location:
A. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
B. Will be harmonious with the general and applicable specific objectives of the Comprehensive
Plan and City Code provisions.
C. 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
/q62
Planning Report - All Saints Lutheran Church
August 28, 2001
Page 2
the neighborhood.
D. 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.
E. 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.
F. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
G. 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.
BACKGROUNDMISTORY
In 1881, the Trinity Lutheran Church was organized. The original church building (now the site
- - - - of the cemetery) was built in 1882, and in 1901 it was
struck by lightening and destroyed. The current church
A building was constructed in 1902. The church has operated
a school since 1883, when a schoolroom was first set aside
r = ` " under a balcony at the rear of the church. Around 1920, the
`R'zs church's name was changed to Trinity Lone Oak Lutheran
Church to commemorate the community symbol which
grew on the church's property. In 1992, a 11,881 s.f.
footprint addition was added. Trinity Lone Oak Lutheran is
the oldest church in Eagan.
EXISTING CONDITIONS
The site contains a church, school, parking lot and cemetery on 9.56 total acres within 3 parcels.
The church/school building faces Hwy 55 and is west-centrally located on the lot, with an
entrance drive south of the building to gain access to the parking lot area which is also south of
1~3
Planning Report - All Saints Lutheran Church
August 28, 2001
Page 3
the building. The cemetery is located north and northwest of the church building. A ball field,
open space, and woods are located north and east of the school and parking lot.
Existing Monument Sign -
There is no City record of the west-facing red brick
monument sign currently on site. The externally lit
monument measures 16' wide by 4' high, and
encompasses a 13' x 2-1/2' black stone face with white
lettering stating the church name, service times, and the
pastor's name. If the pylon is approved, the monument
sign face will be changed to read just the name "Trinity
Lone Oak Lutheran Church". Due to the history and
longevity of this sign, it is proposed by the applicant that
this sign remain in its current location and not be moved to the opposite side of the highway as
stated in the City Code. It appears, however, that the monument may be in the state right-of-way.
The applicant should address this issue with the state.
A temporary freestanding sign, in violation of City Code, is placed at the entrance to the parking
lot. This sign requires removal from the site.
SURROUNDING USES
The following existing uses, zoning and comprehensive guide plan designations surround the
subject property:
Existing Use Zoning Land Use
Designation
North Warehouse-Business PD, Planned SA, Special Area
Center Development
South Single-family A, Agricultural SA, Special Area
Residential
East Warehouse-Business PD, Planned SA, Special Area
Center Develo ment
West Warehouse-Business I-1, Limited Industrial IND, Limited
Center Industrial
EVALUATION OF REQUEST
Sign Code Requirements - The City's Sign Code:
• Allows one on-property church sign for each church site, up to 16 square feet in area,
without a sign permit.
• Allows one freestanding sign per building.
/Ll 4/
Planning Report - All Saints Lutheran Church
August 28, 2001
Page 4
• Defines "pylon sign" as "a business sign erected on freestanding shafts, posts or walls
which are solidly affixed to the ground, and which project more than seven feet above
ground level."
• States "pylon signs, when authorized, are considered a conditional use, as defined in the
zoning chapter and are subject to all conditions, regulations and fees required for
conditional uses."
Performance Standards - The performance standards for pylon signs are as follows:
• No pylon sign may be located within 300 feet of any other pylon sign, measured on the
same side of the street.
• No pylon sign shall project more than 27 feet above the lot level, roadway level, or a
specified point between the two levels as determined by the council. The level used shall
be based upon visibility factors from the adjacent roadway(s).
• No pylon sign shall exceed 125 square feet in area per side.
In addition:
• A pylon sign is allowed on property directly adjacent to a freeway; a freeway is defined as
a principal arterial highway as defined in the comprehensive plan; Highway 55 is a
principal arterial highway.
• An additional freestanding ground sign is allowed on freeway locations, to be located on
the side of the property opposite of the freeway.
Proposed Sian - Trinity Lone Oak Lutheran Church, located east of Hwy 55 and north of Lone
Oak Road, is proposing to install a permanent internally lit sign with an 80 s.f. sign area (16' x
5') on their property. The side posts will consist of a turned cross on each side of the sign made
out of cast concrete, acid etched with black stain and copper highlights. The entire sign structure
is designed to be not over 16' feet in height at the highest point (west end) and 9' in height at the
lowest point (east end), and will rest on a sloped area of open space perpendicular to Hwy 55.
Site Plan -The sign is proposed to be set in the sloped
open area visually between the church and the cemetery,
and set back a minimum of 10' from the property line.
City sign performance standards require that "no sign
shall be located nearer than ten feet from any property or
dividing line." The sign will be placed a minimum of
ten feet from the west property line, and face north and
south. There are no other pylon signs within 300 feet on
the same side of the street.
Landscaping - There is no landscaping proposed at this time. It is recommended that a mulched
landscape bed with a landscape border and evergreen shrubs be added to the sloped area at the
base of the sign. A low-growing, low-maintenance spreading evergreen shrub with a growth
Planning Report - All Saints Lutheran Church
August 28, 2001
Page 5
potential not to exceed the expected space between grade and bottom of the sign would be
acceptable.
Applicant's Narrative - The applicant wishes to promote the church and school progressively
with a modern sign which has been provided to the church, while retaining a reflection of history
provided by the character of the existing monument sign.
SUMMARY/CONCLUSION
The proposal appears to satisfy the performance standards for pylon signs in the Sign Code;
however, retaining the existing monument at its current location does deviate from the
requirement that any additional freestanding ground sign is located on the side of the property
opposite of the freeway. The proposed sign appears compatible with the surrounding area, but
modern in materials and construction which varies from the historical design and architecture on
site. The sign should not have a detrimental effect on traffic or surrounding properties.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit for a pylon sign on property located at
2950 Hwy 55, on the east side of Hwy 55 north of Lone Oak Road, legally described as Section
2, Twn 27, Range 23, 5.36 A in SE 1/4 of SE 1/4 for church & cemetery located in the southeast
'/4 of Section 2.
If approved, the following conditions should apply:
1. This Conditional Use Permit shall be recorded at Dakota County within 60 days of
approval by the City Council.
2. A Sign Permit shall be obtained from the City prior to installation of the sign.
3. The existing temporary sign in violation of City Code shall be immediately removed from
the property.
4. The pylon sign shall be setback a minimum of 10' from the west property line, face north
and south perpendicular to Hwy 55, and be located in the sloped open area visually
between the church and the cemetery, as shown on the site plan received 08-14-03.
5. The pylon sign shall comply with the sign plans received 08-14-03.
6. Landscaping consistent with a mulched landscape bed, landscape border and evenly
spaced dense evergreen shrubs to fill the sloped area at the base of the sign shall be
implemented within 6 months of the installation of the sign.
/G
FINANCIAL OBLIGATION-02-CU-11-08-03,10-00100-010-55,
2950 Hwy 55
There are pay-off balances of special assessments totaling $-0- on the parcel proposed for
the conditional use.
At this time, there are no pending assessments on the parcel.
Based upon the study of the financial obligations collected in the past and the uses
proposed for the property, the following charges are proposed. The charges are
computed using the City's existing fee schedule and for the connection and availability of
the City's utility system. The charges will be computed using the rates in effect at time of
connection or conditional use.
IMPROVEMENT USE RATE QUANTITY AMOUNT
None
Total
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Agenda Information Memo
October 7, 2003, Eagan City Council Meeting
C. CONDITIONAL USE PERMIT - MILLER DUNWIDDIE ARCHITECTURE
ACTIONS TO BE CONSIDERED:
To approve (OR deny) a Conditional Use Permit to allow a kidney dialysis clinic in a BP,
Business Park zoning district on Lot 1, Block 1, Grand Oak Three located at 2750 Blue Water
Road; subject to the conditions in the Advisory Planning Commission minutes.
REQUIRED VOTE FOR APPROVAL
• Majority of Quorum
FACTS:
• City Code requires a Conditional Use Permit for health care facilities in the Business
Park zoning district.
• The subject area is surrounded with other office/warehouse uses and Business Park
zoning.
• The applicant will occupy 6,300 square feet of the 108,000 square foot office
building.
• The clinic is outpatient care, and consists of a 16 station kidney dialysis facility.
• The Advisory Planning Commission held a public hearing on September 23, 2003,
and is recommending approval; subject to the conditions in the APC minutes.
60 DAY AGENCY ACTION DEADLINE
• October 19, 2003
ATTACHMENTS (2):
Advisory Planning Commission Minutes a e(s) / 3
Planning Staff Report page hrough,
Asa
City of Eagan
Advisory Planning Commission Meeting Minutes DRAFT
September 23, 2003
Page 4
C. CONDITIONAL USE PERMIT - MILLER DUNWIDDIE ARCHITECTURE
A Conditional Use Permit to allow a kidney dialysis clinic in a BP, Business
Park zoning district on Lot 1, Block 1, Grand Oak Three, located at 2750 Blue
Water Road in the NW '/4 of Section 2.
Planner Cartney introduced this item and highlighted the information presented in the
City Staff report dated September 2, 2003. She noted the background and history.
Chair Heyl opened the public hearing.
Building owner Greg Miller stated he is in favor of approval of the proposal. He explained
the use is complementary with the businesses in the surrounding office buildings and the
clientele in the proposed office spaces.
There being no further public comment, Chair Heyl closed the public hearing and turned
the discussion back to the Commission.
Member Hansen inquired about the hours of operation for the clinic.
Applicant DeDe Bloomquist stated the hours of operation would be 6:30 a.m. to 7:30
p.m.
Member Gladhill asked if parking would be a concern.
Mr. Miller stated parking is in excess and there should be no concerns.
Member Leeder stated he researched the field of expertise and stated the clinic is
needed and will be a welcomed addition to the community.
Chair Heyl stated the proposal meets the requirements and fits in the area.
Member Hansen moved, Member Leeder seconded a motion to approve Conditional
Use Permit to allow a kidney dialysis clinic in a BP, Business Park zoning district on Lot
1, Block 1, Grand Oak Three, located at 2750 Blue Water Road in the NW '/4 of Section
2 subject to the following conditions:
1. The Conditional Use Permit 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 shall comply with the City Sign Ordinance.
All voted in favor. Motion carried 4-0.
/!!Z3
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: September 2, 2003 CASE: 02-CU-12-08-03
APPLICANT: Miller Dunwiddie Architecture HEARING DATE: September 23, 2003
PROPERTY OWNER: Grand Oak Office VII APPLICATION DATE: August 20, 2003
LLC.
REQUEST: Conditional Use Permit PREPARED BY: Sheila Cartney
LOCATION: 2750 Blue Water Road
COMPREHENSIVE PLAN: SA, Special Area
ZONING: BP, Business Park
SUMMARY OF REQUEST
The applicant is requesting approval of a Conditional Use Permit to allow a kidney dialysis
clinic in an existing building located at 2750 Blue Water Road in the NW %4 of Section 2.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.40, Subdivisions 4C and 41) provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
A. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
B. Will be harmonious with the general and applicable specific objectives of the Comprehensive
Plan and City Code provisions.
C. 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.
Planning Report - Dunwiddie CUP
September 23, 2003
Page 2
D. 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.
E. 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.
F. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
G. 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.
BACKGROUNDMISTORY
The subject property is situated on Lot 1, Block 1, Grand Oak three which was platted in 2001.
The existing office building was completed in fall of 2002.
EXISTING CONDITIONS
A 108,000 square foot office building is located on the subject parcel. The building has various
tenants leasing space.
SURROUNDING USES
The subject property is surrounded with office/warehouse uses consisting of Business Park
Zoning and Special Area Land Use Designations.
EVALUATION OF REQUEST
Compatibility with Surrounding Area - Business Park districts are intended to accommodate
development of low intensity office, light industrial and supporting commercial service uses that
may be suitable in relative close proximity to non-industrial development. The subject site is
surrounded by Business Park uses. Health care facilities are a conditional use within the
Business Park zoning district. The proposed use appears to be compatible with the surrounding
uses based on the Zoning designation and the Comprehensive Land Use Plan Designation.
Planning Report - Dunwiddie CUP
September 23, 2003
Page 3
Proposal - The applicant is proposing to occupy 6,300 square feet of a 108,000 square foot office
building. No exterior alterations are proposed. The clinic would be a tenant build-out space.
The clinic is for outpatient care, and consists of a 16 station kidney dialysis facility. The
remaining space will consist of the following uses: office, storage, conference room, receptionist
area, waiting area, break room and restrooms. The clinic would most likely have a maximum of
48 patients per day. Staff is expected to be between five and eight employees.
Landscaping - No additional landscaping is proposed or required at this time. The landscaping
was approved with the completion of the office building.
Signer - No signage is proposed with this application. All signs should comply with the City of
Eagan Sign Ordinance.
SUMMARY/CONCLUSION
The applicant is requesting approval of a conditional use permit to allow a kidney dialysis clinic
in an existing office building within the Business Park zoning district. The kidney dialysis clinic
will occupy 6,300 square feet of the 108,000 square foot building. There will be a total of 16
stations for dialysis, allowing for a maximum of 48 patients a day. There will be between five
and eight employees. No exterior alterations are proposed this is a tenant build out space.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit to allow a kidney dialysis clinic in an
office building located at 2750 Blue Water Road; subject to the following conditions:
1. The Conditional Use Permit 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 shall comply with the City Sign Ordinance.
FINANCIAL OBLIGATION-02-CU-12-08-03, Lot 1, Block 1, Grand Oak Three,
2750 Blue Water Road
There are pay-off balances of special assessments totaling $158,307 on the parcel
proposed for the conditional use.
At this time, there are no pending assessments on the parcel.
Based upon the study of the financial obligations collected in the past and the uses
proposed for the property, the following charges are proposed. The charges are
computed using the City's existing fee schedule and for the connection and availability of
the City's utility system. The charges will be computed using the rates in effect at time of
connection or conditional use.
IMPROVEMENT USE RATE QUANTITY AMOUNT
None
Total
1 23 North Third St., Suite 104
DUNWIDDIE Minneapolis, Minnesota 55401
tel: 612.337.0000 fax: 612.337.0031
www.millerdunwiddie.com
August 19, 2003
City of Eagan
Office of Building Inspections and Zoning
3830 Pilot Knob Road
Eagan, Mn. 55122
RE: Development Application for Conditional Use Permit
MDA Project # DAV 0305
To the Office of Building Inspections and Zoning:
With this letter we are requesting that a Conditional Use Permit be granted for a kidney dialysis
clinic at 2750 Blue Water Road. The proposed clinic would be owned and operated by the
DaVita Corporation. DaVita provides dialysis treatment to patients throughout the United
States.
Per our initial review with the Zoning Department, following are the details of our proposal:
• The site of the proposed clinic is part of the Grand Oak development. The site contains
an existing one story brick building and parking lots. At the front of the site is Blue
Water Road, with direct access to Highway 55. Adjacent to the site are commercial and
office/warehouse buildings and a pond.
• The Comprehensive Guide Plan designation for the property is currently "Special Area
r' No change is proposed to this designation.
• The Zoning Classification for the property is currently "Business Park". No change is
proposed to this classification.
• The clinic (approx. 6,300 s.f.) would be a tenant build-out of space in the existing
building (approx. 108,000 s.f.) See attached drawings. It is proposed that construction
of the clinic begin this fall, with completion near the end of the year.
• Per the city's zoning regulations, the clinic is defined as a health care facility providing
outpatient care. We understand that a Conditional Use Permit is needed for a health
care facility to provide outpatient care within the Business Park zoning.
• This clinic would generate much less traffic than a typical outpatient clinic. Due to the
duration of the dialysis treatment, at full capacity the clinic could treat three shifts of
sixteen patients, for a maximum of 48 patients per day. Staff size is expected to be
between five and eight.
Selected 2001 Firm of the Year
By the Minnesota Chapter, American Institute of Architects
Ir? J
City of Eagan, Office of Building Inspections and Zoning August 19, 2003
Request for Conditional Use Permit MDA project # DAV0305 page 2
Thank you for your consideration of a Conditional Use Permit for this project. Please direct any
comments or requests for additional information to me at my office. We look forward to your
response.
Sincerely,
MILLER-DUNWIDDIE, INC.
Paul Schroedl
Architect
Direct Tel. # 612-278-7740
PS/ps
C: Charles Liddy - MDA
Masl\Unified Projects\DAV\DAV0305\Documentation\A-Architects\A5 Code RevieMCUP narrative.doc
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Agenda Information Memo
October 7, 2003, Eagan City Council Meeting
D. CONDITIONAL USE PERMIT - INTERSTATE PARTNERS
ACTIONS TO BE CONSIDERED:
To approve (OR deny) a Conditional Use Permit to allow a health care facility in a BP,
Business Park zoning district on Lot 2, Block 1, Grand Oak four, located at 880 Blue Gentian
Road; subject to the conditions in the Advisory Planning Commission minutes.
REQUIRED VOTE FOR APPROVAL
• Majority of Quorum
FACTS:
• City Code requires a Conditional Use Permit for health care facilities in the Business
Park zoning district.
• The subject area is surrounded with other office/warehouse uses and Business Park
zoning.
• The applicant will occupy 10,000 square feet of the 55,400 square foot office
building.
• The space will be used for the Minnesota Center for Obesity, Metabolism and
Endocrinology.
• The Advisory Planning Commission held a public hearing on September 23, 2003,
and is recommending approval; subject to the conditions in the APC minutes.
60 DAY AGENCY ACTION DEADLINE
• October 19, 2003
ATTACHMENTS (2):
Advisory Planning Commission Minutes pa e(s) f ~9
Planning Staff Report pages/othrough;
63
City of Eagan
Advisory Planning Commission Meeting Minutes DRAFT
September 23, 2003
Page 5
D. CONDITIONAL USE PERMIT - INTERSTATE PARTNERS
A Conditional Use Permit to allow a health care facility in a BP, Business Park
zoning district on Lot 2, Block 1, Grand Oak Four, located at 880 Blue Gentian
Road in the NE of Section 2.
Planner Cartney introduced this item and highlighted the information presented in the
City Staff report dated September 2, 2003. She noted the background and history.
Chair Heyl opened the public hearing.
There being no public comment, Chair Heyl closed the public hearing and turned the
discussion back to the Commission.
Chair Heyl inquired about the layout of the clinic in regards to the x-ray room and any
special equipment needs.
Applicant Dr. Michael Gonzalez stated the facility would offer full service for those
patients who are refereed to the clinic. The practice will require standard equipment that
will not need any special accommodations. He explained that the patients treated tend to
be sicker than usual patients; therefore the facility will have easier access to emergency
personnel and ambulances.
Member Gladhill stated the request meets the requirement and brings needed services
to Eagan.
Member Gladhill moved, Member Leeder seconded a motion to approve Conditional
Use Permit to allow a health care facility in a BP, Business Park zoning district on Lot 2,
Block 1, Grand Oak Four, located at 880 Blue Gentian Road in the NE % of Section 2
subject to the following conditions:
1. The Conditional Use Permit 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 shall comply with the City Sign Ordinance.
All voted in favor. Motion carried 4-0.
PLANNING REPORT
CITY OF EAGAN
REPORT DATE: September 2, 2003 CASE: 2-CU-13-08-03
APPLICANT: Interstate Partners HEARING DATE: September 23, 2003
PROPERTY OWNER: Grand Oak Office H LLC APPLICATION DATE: August 20, 2003
REQUEST: Conditional Use Permit PREPARED BY: Sheila Cartney
LOCATION: 880 Blue Gentian Road
COMPREHENSIVE PLAN: SA, Special Area
ZONING: BP, Business Park
SUMMARY OF REQUEST
The applicant is requesting approval of a Conditional Use Permit to allow a health care facility
in Grand Oak Office II located at 880 Blue Gentian Road in the NE 1/a of Section 2.
AUTHORITY FOR REVIEW
City Code Chapter 11, Section 11.40, Subdivisions 4C and 4D provide the following.
Subdivision 4C states that the Planning Commission shall recommend a conditional use permit
and the Council shall issue such conditional use permits only if it finds that such use at the
proposed location:
A. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
B. Will be harmonious with the general and applicable specific objectives of the Comprehensive
Plan and City Code provisions.
C. 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.
165'
Planning Report - Interstate CUP
September 23, 2003
Page 2
D. 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.
E. 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.
F. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
G. 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.
BACKGROUNDIHISTORY
Lot 2, Block 1, Grand Oak for was platted in September 2002 and approved for an office use.
The building has not received its Final Certificate of Occupancy to date.
EXISTING CONDITIONS
A newly constructed office building is located on this lot. No exterior alterations are proposed.
SURROUNDING USES
The subject site is surrounded by office/warehouse uses or vacant land that is Zoned Business
Park and Guided Special Area.
EVALUATION OF REQUEST
Compatibility with Surrounding Area - Business Park districts are intended to accommodate
development of low intensity office, light industrial and supporting commercial service uses that
may be suitable in relative close proximity to non-industrial development. The subject site is
surrounded by Business Park uses. Health care facilities are a conditional use within the
Business Park zoning district. The proposed use appears to be compatible with the surrounding
uses based on the zoning designation and the Comprehensive Land Use Plan Designation.
10116
Planning Report - Interstate CUP
September 23, 2003
Page 3
Pro osal - The applicant is proposing to occupy 10,000 square feet of the 55,400 square foot
building. No exterior alterations are proposed, this is a tenant build out space. The space will be
utilized for the Minnesota Center for Obesity, Metabolism, and Endocrinology.
Classroom/conference facilities will occupy 2,000 square feet of the tenant space. The remaining
8,000 square feet will be an Endocrinology Clinic, which will consist of the following spaces:
one waiting room, one reception area, 10 exam rooms, one laboratory area, two nurses' stations,
one procedure room, one X-Ray room, one bone density scan room, three handicap accessible
lavatories, one employee break room, five health care provider offices and storage space. There
will be seven health care providers and seven staff employees for a total of 14 employees. As an
Endocrinology Clinic, most patients will be referred from other physicians for specific problems
of obesity, diabetes, metabolism and other endocrinology problems.
Signaage_ - No signage is proposed at this time. All signage is subject to the City's Sign
Ordinance.
SUMMARY/CONCLUSION
The applicant is requesting approval of a Conditional Use Permit to allow a health care facility in
Grand Oak Il offices. The Zoning Ordinance requires a Conditional Use Permit in order to allow
a health care facility in the Business Park Zoning District. The health care facility will cater to
patients who suffer from obesity, diabetes, metabolism and other endocrinology problems. The
facility will occupy 10,000 square feet of the 55,400 square foot building. The subject site is
surrounded by other offices that occupy the same zoning and land use designation.
ACTION TO BE CONSIDERED
To recommend approval of a Conditional Use Permit to allow a health care facility in Grand
Oak Office H located at 880 Blue Gentian Road; subject to the following conditions:
1. The Conditional Use Permit 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 shall comply with the City Sign Ordinance.
/6 2
Interstate Partners LLC
651-406-8050
Fax- 651-406-8628
August 19, 2003
Mike Riddley
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Dear Mike:
Please consider this letter our formal request for a conditional use permit to allow for a
health care facility in the property located at 880 Blue Gentian Road, commonly known
as Grand Oak Office II, in the City of Eagan. The legal description is Lot 2, Block 1
Grand Oak Four, Dakota County, Eagan, MN and the PID number is 10-30803-020-01.
Grand Oak Office N is a 55,400 square foot facility located in the Grand Oak Business
Park. The subject property and the existing properties are zoned and guided as Business
Park.
Dr. Mike Gonzalez has signed a letter of intent to lease approximately 10,000 square feet
in Grand Oak Office H on the first floor for a ten-year term. Dr. Gonzalez, an
endocrinologist, currently works with Aspen Medical Group and he will be leaving
Aspen to start is own practice, The Minnesota Center for Obesity, Metabolism, and
Endocrinology. He hopes to have his clinic fully operational by January 1, 2004.
Dr. Gonzalez plans to have both a clinic space for patient consultations as well as an
approximately 2,000 square foot conference facility which he will host weekly lectures
related to his field of practice and attended by approximately 25 to 30 people. There will
be no invasive operations or procedures that will take place within this clinic and there
are no narcotics or other dangerous drugs present on site either.
Currently we have six companies as tenants at Grand Oak Office II: Farmer's Insurance,
Liberty Mutual Insurance, and Penn Mutual Insurance Group, Oc6, (a company which
sells commercial printer and plotter equipment), Verizon Directories Sales, Corp. (a
marketer of yellow pages advertising) and ESRI (a topographical mapping company).
We believe the addition of Dr. Gonzalez would be beneficial for both Interstate Partners
and the City of Eagan.
I look forward to discussing this at your September 23, 2003 Plan Commission hearing.
Should you need any more information or have any questions on the materials attached
please feel free to contact me at 651-406-8050.
Sincerely,
att eve' ilie
Investment Manager
860 Blue Gent-an Road • Suite 175 Eagan \4N 55121
FINANCIAL OBLIGATION-02-CU-13-08-03, Lot 2, Block 1, Grand Oak Four,
880 Blue Gentian Road
There are pay-off balances of special assessments totaling $-0- on the parcel proposed for
the conditional use.
At this time, there are no pending assessments on the parcel.
Based upon the study of the financial obligations collected in the past and the uses
proposed for the property, the following charges are proposed. The charges are
computed using the City's existing fee schedule and for the connection and availability of
the City's utility system. The charges will be computed using the rates in effect at time of
connection or conditional use.
IMPROVEMENT USE RATE QUANTITY AMOUNT
None
Total
~6 ~
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Street Centerline
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Development/Developer. Interstate Partners
Application: Conditional Use Per
Case No.: 2-CU-13-08-03
Map Prepared using ERSI ArcVlew 3.1. Parcel bass nap data provided N
by Dakota County Office of GIS and Is current as of June 200&
Cit OF Qn nn ~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY W E
v 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.
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
E. DIRECT PREPARATION - ORDIANANCE AMENDMENT TO
REVISE NON-CONFORMING USE REGULATIONS
ACTION TO BE CONSIDERED:
To approve or deny authorization for the preparation of an ordinance amendment to
revise non-conforming use regulations to limit the improvement or expansion of non-
conforming uses.
FACTS:
• The City permits non-conforming uses to continue within its various zoning
districts with certain limitations on the improvement or expansion of the uses that
would extend or expand the non-conformity. The purpose of this provision is to
encourage the ultimate conversion of non-conforming uses to conforming ones
over time.
• When the City's non-conforming use ordinance was updated most recently,
language concerning the extent of the limitations on improvements to non-
conforming properties was changed in consideration of a substantial number of
residential properties that were developed under previous zoning standards that
retain their viability within their neighborhoods, but do not meet current zoning
standards.
• Since that time, the residential uses in those circumstances were largely
redesignated as R-1 S properties, such that they now largely conform with
appropriate zoning standards for those areas of the community.
• As a part of its review of the Cedar Grove Redevelopment District Acquisition
and Private Improvement polices, a committee of the City Council noted that the
relaxation of the non-conforming ordinance provisions may result in
improvements and expansions of properties that are ultimately slated for
redevelopment, thereby increasing the cost and extending the timeline for the
project to be completed.
• In light of the fact that the original reason for the modified non-conforming use
language has been addressed separately, the Committee is recommending that the
City Council authorize the staff and City Attorney to prepare an ordinance
amendment reinstating prior language limiting the expansion or improvement of
non-conforming uses and schedule such amendment for public hearing before the
Planning Commission.
ATTACHMENTS:
• Current Nonconforming Uses and Structures ordinance text on page
Subd. 9. Nonconforming structures and uses.
A. Policy. It is the policy of the City that nonconforming structures and nonconforming uses
in time be eliminated due to obsolescence, exhaustion or destruction so as to insure a
uniform use of and within the districts established within this chapter.
B. Expansion of use. The expansion of an existing nonconforming use shall not be
permitted, and no land shall be used by any person or in any manner which is not in
conformity with this chapter.
C. Alteration or enlargement of structure. Except as provided herein, no nonconforming
structure shall be erected, converted, enlarged, reconstructed, altered, or changed in any
manner which is not in conformity with this chapter. No structure shall be erected,
converted, enlarged, reconstructed, altered, or changed in any manner upon any land
upon which a nonconforming use is conducted.
D. Maintenance and repair. Routine maintenance and repair may be made to a
nonconforming structure or any structure upon land upon which a nonconforming use is
conducted, provided the repairs are nonstructural in nature. Whenever a lawful non-
conforming structure shall have been damaged by fire, flood, explosion, earthquake, war,
riot, or act of God, it may be reconstructed and used as before if it is reconstructed within
twelve (12) months after such event, unless the damage to the building or structure is 50
percent or more of its fair market value as shown on the assessor's records at the time of
damage in which case the whole thereof shall be for a use in accordance with the
provisions of this Code.
E. Abandonment. Any nonconforming structure or nonconforming use shall be deemed
abandoned and thereafter shall be discontinued, when any nonconforming structure is not
used or any nonconforming use is discontinued for a period greater than six months for
any reason.
F. Variances. No provision hereunder shall preclude a request for a variance, as governed
by this chapter, for the erection or reconstruction of a nonconforming structure. This
provision does not apply to any nonconforming uses.
G. Scope of application. The provisions of this subdivision shall apply to all existing
nonconforming uses or structures under the provisions of the Code in effect prior to the
effective date of Ordinance No. 189, which amended this subdivision to read as provided
herein.
/ 7C
DIRECTOR OF COMMUNITY DEVELOPMENT
Item 1. Recreational Vehicle Outdoor Storage - At recent City Council Listening
Session, direction was given to staff to work with the APC to potentially revisit the issue
of Recreational Vehicle Outdoor Storage. In order to be as efficient as possible, staff has
researched the previous amendment and is providing this as background to the City
Council to permit the current Council to provide more specific direction regarding the
elements that are to be reviewed by the APC.
The current focus on the issue of outdoor storage arises, at least in part, from specific
efforts to enforce the current zoning code on a property or properties that present outdoor
storage issues. In one case, one of the most serious concerns arises from the presence of
a temporary structure covering items that are already subject to removal or proper storage
under the current ordinance. Given the significant response that arose regarding the issue
of outdoor storage in the past, staff is providing the additional background and suggesting
that the areas of concern be defined. In this way, the review of potential ordinance
amendments can focus on the current concerns and the most appropriate responses to
them. It is possible that some of the issues addressed in the previous review may not be
on point today.
Enclosed on pages through is a staff memo overviewing the history of this
issue, followed by AP and CC packet information and minutes from the summer of
2000.
ACTION TO BE CONSIDERED
To provide direction that regarding specific issues that are to be addressed by the APC
and staff in reinitiating a review of an RV Storage ordinance.
r
MEMO
city of eagan
To: Jon Hohenstein, Community Development Director
Mike Ridley, Senior Planner
From: Pam Dudziak, Planner
Date: September 29, 2003
Re: Outdoor and Recreational Vehicle Storage
BACKGROUND/HISTORY
May 26, 1998 - The Recreational Vehicle storage ordinance was initiated by the City Council at a
workshop. Over the next year, the APC discussed the matter, reviewed Eagan's existing
ordinances, reviewed other cities' ordinances, and considered proposed amendments to Eagan's
ordinance regarding vehicle storage.
October 19, 1999 - The City Council and APC held a joint workshop at which they discussed the
proposed vehicle storage ordinance amendments, and decided on additional public notification
efforts to precede the public hearing.
March 9, 2000 - The APC held a public hearing on the proposed ordinance amendments. Issues
raised focused on vehicle storage location, definition of "watercraft," screening requirements for
vehicle storage, and restrictions regarding parking on lawns.
April 19, 2000 - A public hearing was again held and the following comments were raised:
• Unfair infringement on individual property rights.
• Widespread restrictions being imposed as a result of problems associated with a few
select properties and minimal complaints.
• Site topography often does not lend itself to side or rear yard vehicle storage.
• Grandfather rights should be afforded existing storage situations.
• The public hearing was not sufficiently noticed.
• There are an inadequate number of commercial storage facilities within the City (to
accommodate recreational vehicle storage).
• Adoption of the proposed amendment would reduce recreation opportunities for residents
(residents cannot afford commercial storage).
• Adoption of the proposed amendment would increase code enforcement responsibilities
for the City.
• Recreational vehicles should be allowed to be stored on driveways.
• The proposed five foot side yard setback cannot be achieved.
• A seasonal storage restriction should be considered.
/07 y
May 11, 2000, the APC recommended changes to the draft amendment as follows:
uanti - Allow a maximum of 3 recreational vehicles to be stored on a single-family lot, and
of those, no more than one may be a Class 11 vehicle (length >20 ft. and/or height >6 ft.)
Location - No more than two Class I vehicles or one Class H vehicle may be parked on a
driveway in a front yard, and no recreational vehicle may be parked within 15 feet of a
roadway surface.
Screening - Not less than 50% of a recreational vehicle must be screened from abutting
properties and screening must include the entire length of the vehicle.
June 27, 2000, the APC reopened the public hearing and took further comment. The comments and
questions included:
• Reason ordinance amendment was initiated
• Timeframe for compliance with new ordinance regulations if adopted by City Council
• Number and nature of complaints received by City
• Screening of stored vehicles
• Surfacing of storage area for vehicles (grass, bituminous, or class 5 gravel surface)
• Consent of adjacent property owners for storage of vehicle in side yard or back yard without
screening
• Definition in ordinance of "vehicle"
• Required setbacks from public streets and adjacent properties
• Possibility of a vote being taken by citizens to amend the ordinance
• Possibility of City staff logging complaints for a year to determine the number and nature of
concerns
• Enforcement of ordinance (concern over enforcement being complaint-driven)
• Concern over forcing residents out of the City of Eagan because of strict ordinance
regulations
• Possibility of grandfather clause for older properties that cannot meet certain ordinance
requirements
The APC discussed these issues, made some additional changes to wording in the draft amendment,
and voted unanimously to recommend approval of the vehicle storage ordinance amendments. The
APC then also directed Staff to review the feasibility of a non-conforming provision or grandfather
clause for capital improvements to the property to accommodate the storage of a recreational
vehicle.
July 13, 2000 - The City Attorney prepared a memo addressing the APC's questions about
screening and waiving the screening requirements with permission of the neighbor, and the
grandfather clause. He indicated that it would raise issues with arbitrary enforcement because in
the first case, the ordinance would not be uniformly applied, but would be dependent upon the
neighbor's consent in a given instance. In the latter case, the date of initiation of the use or
improvement could not be determined or tracked accurately by the City.
July 18, 2000 - The vehicle storage ordinance amendment went before the City Council for
consideration. The Council allowed public comment and discussed the ordinance. A motion to
continue the item one month failed for lack of a majority on a 2-2 vote. No alternative motion was
made, or further action taken on the item.
/ 75OW
EAGAN CITY COUNCIL MEETING MINUTES; JULY 18, 2000
PAGE 8
CITY CODE ESTABLISHING RECREATIONAL VEHICLE STORAGE REGULATIONS
Mayor Awada said that she thought that residents might have forgotten that this item was scheduled
for this evening due to the flood. She suggested that input be taken at tonight's meeting and the item be
continued to allow for additional input from the public. City Administrator Hedges provided an overview on
this item. Senior Planner Ridley gave a staff report.
Lon Weidenhaft,1358 Cosmos Lane, mentioned that over 20 years ago the City had told him that he
could install an asphalt pad for his popup camper. He said he would like to be allowed to keep the pad under
the new ordinance. He stated that many residents have limited means to provide additional storage for
recreational vehicles. He commented on the dangerousness of storing vehicles on a slope. He said that the City
has only received a small number of complaints with regard to the storage of recreational vehicles.
Wayne Riley, 1387 Cosmos Lane, commented on the ordinance and complimented the APC for the
positive changes to it.
Royce Tyre, 4265 Nybro Lane, stated that the seven day limitation regarding guest parking is too
restrictive. He also suggested that the paving requirement for the side and back yard be removed. He added
that recreational vehicles should be allowed to be stored on natural vegetation. He said he is not aware of any
complaints about vehicles parked on side and back yards. He further said this might be an overreaction. He
suggested keeping track of the complaints for a period of time. He stated that screening should not be required.
He said that storage of recreational vehicles near water should also be addressed.
Brenda Wilde, 3478 Coachman Road, said she wanted to ensure that the Council retained the ability for
residents to park recreational vehicles in their driveway because in some instances it is impossible to park in the
back yard. She added that the screening requirement could be costly and stated that people may end up
parking their vehicles in the driveway in an effort to avoid the screening requirement associated with side and
back yard storage.
Councilmember Carlson suggested continuing this item to ensure that everyone who wanted to address
this matter had the opportunity.
Mayor Awada moved, Councilmember Carlson seconded a motion to continue the ordinance
amendment to the August 15, 2000 City Council meeting. Aye: 2 Nay: 2 (Councilmembers Blomquist and
Masin opposed) The motion failed for lack of a majority.
Councilmember Blomquist said she was concerned with the number of non-conforming lots and further
said she wanted to ensure that all neighborhoods are treated fairly.
Councilmember Carlson asked if the Council could mandate that recreational vehicles be in an operable
condition. City Attorney Dougherty stated that the provision is meant to ensure that private property not be
turned into junkyards.
Councilmember Carlson stated that there are some merits to the ordinance and referenced Subd. 2,
General Standards, Item D - No recreational vehicle shall be parked within fifteen (15) feet of a roadway
surface. She stated that recreational vehicles could create a safety hazard by interfering with sight lines. With
regard to Subd. 3, Single Family Residential Zoning Districts, Item C2 - No recreational vehicle shall be parked
or stored within five (5) feet of an interior side lot line or rear lot line, Councilmember Carlson said that if a side
yard is large enough to accommodate storage that would be the best place for it. She further said that this
requirement should be more reasonable and added that if people can maintain their storage without
encroaching on their neighbor's property they should be allowed to utilize the side yard the way they see fit.
She also noted a typographical error to Subd. 3, Item C3. She said it should reflect that no more than two (2)
class I recreational vehicles or one (1) class E recreational vehicle shall be parked or stored within a front yard or
side yard abutting a street. She further said with regard to Subd. 3, Item 4 - the reference to class 5 gravel
should be deleted because gravel could be washed onto adjoining properties. She stated that recreational
11*76
EAGAN CITY COUNCIL MEETING MINUTES; JULY 18, 2000
PAGE9
vehicles should be allowed to be stored on hard ground, grass or a prepared hard surface. She referenced Subd.
3, Item E with regard to screening and stated that if a back yard is already wooded why would it be necessary to
make the vehicle opaque. She stated that the need for mature planting and fences should be further explored.
She also questioned if the City would be superceding a homeowners association with regard to Subd. 4, Item D,
requiring at least fifty (50) percent of a recreational vehicle to be screened from view of abutting properties or
public streets. She said that there needs to be some parameters for recreational vehicle storage; however, she
stated that the ordinance needs more work. She suggested that complaints regarding recreational vehicle
storage be logged for a certain amount of time.
Councilmember Masin stated that the ordinance does not address restoration of vehicles and whether
they would be required to be licensed and operable. Councilmember Carlson stated that most people do not
purchase a license for a vehicle they are restoring.
Councilmember Masin thanked the APC for their work on the ordinance. She said that the solution
appears to be worse than the actual problem and added that she did not see how this ordinance would apply to
people in an equitable manner. Councilmember Blomquist agreed and said that there needs to be further review
of non-conforming lots and the equality issue.
CONSIDER ACQUISITION OF BERGIN PROPERTY AT 1240 DEERWOOD DRIVE FOR COMPLETION
OF TRAIL LOOP, PATRICK EAGAN PARK
City Administrator Hedges provided an overview on this item. Director of Parks and Recreation Vraa
provided additional information.
Mayor Awada moved, Councilmember Masin seconded a motion to approve the acquisition of land
currently owned by Tom Bergin property, located at 1240 Deerwood Drive, for trail connection around Patrick
Eagan Park and authorize staff to negotiate a land purchase, as directed by the APrC which was to purchase a
minimum of one-half acre and a maximum of two acres of the property, not to exceed a cost of $58,500. Aye: 4
Nay: 0
ADMINISTRATIVE AGENDA
CONSIDER WAIVER OF BUILDING PERMIT FEES JULY 8-9 STORM
Councilmember Masin moved, Councilmember Carlson seconded a motion to waive the building
permit fees to improve residential/ business properties that were damaged by the July 8-9 storm. Aye: 4 Nay:
0
SCHEDULE SPECIAL CITY COUNCIL MEETING
Councilmember Carlsson moved, Councilmember Masin seconded a motion to schedule a special City
Council meeting for August 1, 2000 at 5:00 p.m. Aye: 4 Nay: 0
ADJOURNMENT
The meeting adjourned at 9:20 p.m.
MLK
Date City Clerk
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc., please contact the City of
Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (651) 681-4600, (TDD phone: (651) 454-8535).
Agenda Information Memo
July 18, 2000 Eagan City Council Meeting
IX. NEW BUSINESS
A. CITY CODE AMENDMENT (RECREATIONAL VEHICLE STORAGE)
CITY OF EAGAN
ACTION TO BE CONSIDERED:
To approve an Amendment to chapter 10 of the City Code addressing recreational
vehicle storage and direct the City Attorney to prepare an amendment suitable for
publication.
FACTS:
➢ This effort was initiated by the City Council and reflects discussion and direction
recommended by the APC as it relates to acceptable storage locations, use while in
storage, licensing, number, maximum size allowances and ownership of recreational
vehicles.
➢ The vehicle storage amendment under consideration does not include unlicensed or
inoperable vehicles that are considered junk and regulated as such.
➢ Presently, the Eagan City Code has minimal standards that relate to recreational
vehicular storage on private property. The standards that do exist are provided in
chapter 10 (Public Protection, Crimes and Offenses) and apply to "mobile homes"
and "recreational camping vehicles". The definition of "mobile home" and
"recreational camping vehicle" includes travel trailers, pickup coaches, motor homes,
and camping trailers.
➢ According to the Code (section 10.52 Subd. 2), it is unlawful to park or store a mobile
home or recreational vehicle in the setback area of any residentially zoned property
for more than 72 hours. The provision defines "setback" as the area within 15 feet of
an improved roadway. This provision is somewhat confusing in its intended
application and does not address side or rear yard setback requirements.
➢ The Code presently does not include any specific provisions which regulate the size,
quantity or location of outdoor recreational vehicle storage.
➢ The following is a summary of recreational vehicle storage requirements included in
the attached draft amendment.
ITEM REQUIREMENT(S)*
Quantity Maximum of three vehicles on a single family lot.
Of those vehicles stored, no more than one may be a Class
H vehicle (greater than 20 feet in length).
Location In side and rear yards, not less than five feet from a lot line.
No more than two Class I vehicles (20 feet or less in length)
or one Class H vehicle may be parked on a driveway (or
other hard surface equivalent) located within a front yard.
No recreational vehicle may be parked within 15 feet of a
roadway surface.
Screening Not less than 50 percent of a recreational vehicle must be
screened from abutting properties.
Such screening must be provided along the entire length of
the vehicle.
*See attached amendment for details
➢ At their regular meeting on June 27, 2000, the Advisory Planning Commission held a
public hearing to consider the Amendment and recommended approval.
ISSUES:
At the public hearing, question was raised by both the APC and residents as to the
acceptability of "grandfathering" existing vehicle storage conditions made
nonconforming by the adoption of the amendment. The attached correspondence from
the City Attorney addresses this matter.
ATTACHMENTS (3)
Minutes of the June 27, 2000 APC meeting, page
Draft City Code Amendment, pages through
City Attorney correspondence, page
/ /19?
612 432 3780
SENT BY: 7-14- 0 ; 13:49 SEVERSON SHELDON- 651 681 46944 2/ 3
SEVERSON, SHELDON.
Y)OUGHERTY & MOLENDA, P.A.
MEMORANDUM
TO: Mike Ridlcy, Senior Planner
FROM: Mike Dougherty, City Attorney
DATE: July 13, 2000
RE: Proposed Vehicle Stonige Code Amendment
Following the discussion by the Advisory Planning Commission, our office was asked to review
and render an opinion with respect to the proposed elements of screening and grandfather rights.
Specifically, the first item in review is a provision which would allow the City to waive a
screening requirement with the written consent of the property owner of the property contiguous
to the recreational vehicle storage location. It is our opinion, that the provision establishes an
arbitrary and capricious standard and renders enforcement impractical.
A city ordinance is a standard which is uniformly applied under a certain set of facts. A
determination of whether a violation of a ordinance has occurred is determined by an objective
standard (if what condition or activity exists in relation to the codified requirement. If the City
were to allow the existence of a condition based upon a neighbor's approval, essentially it would
have no standard. Enforcement would no longer be predicated upon the terms of the ordinance
but would depend upon a case by case determination. Additional complications would arise to
the extent that neighbors change or consents once given are sought to be revoked and does the
City become an arbitrator of its ordinance rather than the enforcer of the ordinance. To avoid
such situations, it is our opinion that the requirement for screening should not he left to the
discretion of individual property owners.
The second item that our office was requested to review is whether a provision can be made in
the ordinance to allow certain properties to be grandfathered with respect to storing their vehicle
within the set back area. Generally to the issue of grandfather rights is connected to a
continuation of an existing condition following an amendment to the City's code. What was
once considered legally confonning use to an ordinance has now, due to a change in the
ordinance, been rendered nonconforming. In general, this issue relates directly to structures and
use of property. The unique issue at hand, is that the grandfathering is being requested for an
Afe)
612 432 3780
SENT BY: 7-14- 0 : 13:49 SEVERSON SHELDON- 651 681 4694:# 3/ 3
activity which is temporary in nature and for which the City has no prior records of when
something came to exist. Unlike structures which require building permits, the desire of a
homeowner to puve an extension or another area of their property does not require a building
permit. So essentially the City has no record of who or how many property owners currently
have conditions which may be rendered nonconforming. Similar to the screening issue, the
enforcement may be rendered arbitrary due to the lack ofpub) ic records.
If you have any questions, please give me a call.
MCTn/wkt
/o
EAGAN CITY COUNCIL MEETING MINUTES; JULY 18, 2000
PAGE8
NEW _BUSINESS
ORDINANCE AMENDMENT TO CHAPTER 10 ENTITLED "PUBLIC PROTECTION, CRIMES AND
OFFENSES" AND CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" OF THE EAGAN
CITY CODE ESTABLISHING RECREATIONAL VEHICLE STORAGE REGULATIONS
Mayor Awada Said that she thought that residents might have forgotten that this item was scheduled
for this evening due to the flood. She suggested that input be taken at tonight's meeting and the item be
continued to allow for additional input from the public. City Administrator Hedges provided an overview on
this item. Senior Planner Ridley gave a staff report.
Lon Weidenhaft,1358 Cosmos Lane, mentioned that over 20 years ago the City had told him that he
could install an asphalt pad for his popup camper. He said he would like to be allowed to keep the pad under
the new ordinance. He stated that many residents have limited means to provide additional storage for
recreational vehicles. He commented on the dangerousness of storing vehicles on a slope. He said that the City
has only received a small number of complaints with regard to the storage of recreational vehicles.
Wayne Riley, 1387 Cosmos Lane, commented on the ordinance and complimented the APC for the
positive changes to it.
Royce Tyre, 4265 Nybro Lane, stated that the seven day limitation regarding guest parking is too
restrictive. He also suggested that the paving requirement for the side and back yard be removed. He added
that recreational vehicles should be allowed to be stored on natural vegetation. He said he is not aware of any
complaints about vehicles parked on side and back yards. He further said this might be an overreaction. He
suggested keeping track of the complaints for a period of time. He stated that screening should not be required.
He said that storage of recreational vehicles near water should also be addressed.
Brenda Wilde, 3478 Coachman Road, said she wanted to ensure that the Council retained the ability for
residents to park recreational vehicles in their driveway because in some instances it is impossible to park in the
back yard. She added that the screening requirement could be costly and stated that people may end up
parking their vehicles in the driveway in an effort to avoid the screening requirement associated with side and
back yard storage.
Councilmember Carlson suggested continuing this item to ensure that everyone who wanted to address
this matter had the opportunity.
Mayor Awada moved, Councilmember Carlson seconded a motion to continue the ordinance
amendment to the August 15, 2000 City Council meeting. Aye: 2 Nay: 2 (Councilmembers Blomquist and
Masin opposed) The motion failed for lack of a majority.
Councilmember Blomquist said she was concerned with the number of non-conforming lots and further
said she wanted to ensure that all neighborhoods are treated fairly.
Councilmember Carlson asked if the Council could mandate that recreational vehicles be in an operable
condition. City Attorney Dougherty stated that the provision is meant to ensure that private property not be
turned into junkyards.
Councilmember Carlson stated that there are some merits to the ordinance and referenced Subd. 2,
General Standards, Item D - No recreational vehicle shall be parked within fifteen (15) feet of a roadway
surface. She stated that recreational vehicles could create a safety hazard by interfering with sight lines. With
regard to Subd. 3, Single Family Residential Zoning Districts, Item C2 - No recreational vehicle shall be parked
or stored within five (5) feet of an interior side lot line or rear lot line, Councilmember Carlson said that if a side
yard is large enough to accommodate storage that would be the best place for it. She further said that this
requirement should be more reasonable and added that if people can maintain their storage without
/8a
EAGAN CITY COUNCIL MEETING MINUTES; JULY 18, 2000
PAGE 9
encroaching on their neighbor's property they should be allowed to utilize the side yard the way they see fit.
She also noted a typographical error to Subd. 3, Item C3. She said it should reflect that no more than two (2)
class I recreational vehicles or one (1) class II recreational vehicle shall be parked or stored within a front yard or
side yard abutting a street. She further said with regard to Subd. 3, Item 4 - the reference to class 5 gravel
should be deleted because gravel could be washed onto adjoining properties. She stated that recreational
vehicles should be allowed to be stored on hard ground, grass or a prepared hard surface. She referenced Subd.
3, Item E with regard to screening and stated that if a back yard is already wooded why would it be necessary to
make the vehicle opaque. She stated that the need for mature planting and fences should be further explored.
She also questioned if the City would be superceding a homeowners association with regard to Subd. 4, Item D,
requiring at least fifty (50) percent of a recreational vehicle to be screened from view of abutting properties or
public streets. She said that there needs to be some parameters for recreational vehicle storage; however, she
stated that the ordinance needs more work. She suggested that complaints regarding recreational vehicle
storage be logged for a certain amount of time.
Councilmember Masin stated that the ordinance does not address restoration of vehicles and whether
they would be required to be licensed and operable. Councilmember Carlson stated that most people do not
purchase a license for a vehicle they are restoring.
Councilmember Masin thanked the APC for their work on the ordinance. She said that the solution
appears to be worse than the actual problem and added that she did not see how this ordinance would apply to
people in an equitable manner. Councilmember Blomquist agreed and said that there needs to be further review
of non-conforming lots and the equality issue.
CONSIDER ACQUISITION OF BERGIN PROPERTY AT 1240 DEERWOOD DRIVE FOR COMPLETION
OF TRAIL LOOP, PATRICK EAGAN PARK
City Administrator Hedges provided an overview on this item. Director of Parks and Recreation Vraa
provided additional information.
Mayor Awada moved, Councilmember Masin seconded a motion to approve the acquisition of land
currently owned by Tom Bergin property, located at 1240 Deerwood Drive, for trail connection around Patrick
Eagan Park and authorize staff to negotiate a land purchase, as directed by the APrC which was to purchase a
minimum of one-half acre and a maximum of two acres of the property, not to exceed a cost of $58,500. Aye: 4
Nay: 0
ADMINISTRATIVE; AGENDA
CONSIDER WAIVER OF BUILDING PERMIT FEES JULY 8-9 STORM
Councilmember Masin moved, Councilmember Carlson seconded a motion to waive the building
permit fees to improve residential/business properties that were damaged by the July 8-9 storm. Aye: 4 Nay:
0
SCHEDULE SPECIAL CITY COUNCIL MEETING
Councilmember Carlson moved, Councilmember Masin seconded a motion to schedule a special City
Council meeting for August 1, 2000 at 5:00 p.m. Aye: 4 Nay: 0
ADJOURNiVEI
The meeting adjourned at 9:20 p.m.
MLK
/g3
OLD BUSINESS
ORDINANCE AMENDMENT - CITY OF EAGAN
Planner Kirmis reviewed a proposed Ordinance Amendment to Chapter 10 entitled "Public
Protection, Crimes and Offenses" and Chapter 11 entitled "Land Use Regulations (Zoning)" of
the Eagan City Code establishing recreational vehicle storage regulations. He summarized
various changes suggested by the Advisory Planning Commission at their May 11, 2000
workshop and addressed a list of questions that had been submitted by residents prior to the
meeting.
Chair Heyl stated that the Commission had taken into consideration the comments by the public
during the public hearing, which was opened on April 13, 2000 and has attempted to find a
solution to identify major violators of the ordinance.
Chair Heyl re-opened the public hearing. There were 23 residents who spoke. Their comments
and questions included:
➢ Reason ordinance amendment was initiated
➢ Timeframe for compliance with new ordinance regulations if adopted by City Council
➢ Number and nature of complaints received by City
➢ Screening of stored vehicles
➢ Surfacing of storage area for vehicles (grass, bituminous, or class 5 gravel surface)
➢ Consent of adjacent property owners for storage of vehicle in sideyard or backyard without
screening
➢ Definition in ordinance of "vehicle"
➢ Required setbacks from public streets and adjacent properties
➢ Possibility of a vote being taken by citizens to amend the ordinance
➢ Possibility of City staff logging complaints for a year to determine the number and nature of
concerns
➢ Enforcement of ordinance (concern over enforcement being complaint-driven)
➢ Concern over forcing residents out of the City of Eagan because of strict ordinance
regulations
➢ Possibility of grandfather clause for older properties that can not meet certain ordinance
requirements
There being no further public comment, Chair Heyl closed the public hearing.
Chair Heyl explained that numerous complaints had been received by the City in regard to the
storage of recreational vehicles but that there had been no specific log kept on the exact number
or who made the complaint, if there was no violation. She also explained that the intent of the
ordinance amendment would be to identify major violators. She stated that the Commission
would consider which neighbors would need to consent to the storage of the recreational vehicle
(i.e. abutting, and possibly across the street). She explained the reasoning for the 15-foot
setback from the street requirement as a safety issue regarding vehicle sightlines. Chair Heyl
read the definition of "vehicle" from the ordinance.
/gy
The Commission agreed to include class 5 gravel as an acceptable hard surface for storage of
vehicle.
Discussion occurred regarding enforcement of the ordinance. Chair Heyl stated that neighbors
must be taken into consideration in relation to where a vehicle is stored due to situations such as
obstruction of view, etc. and that receiving complaints may be the only means the City has to
determine if there is a problem.
The Commission agreed that there should be no additional wording added to the ordinance
regarding complaint-based enforcement.
The Commission discussed the possibility of including a grandfather clause to the proposed
ordinance amendment. Member Anderson stated he felt that in certain situations the grandfather
clause should be used. Chair Heyl suggested the grandfather clause be allowed in situations
where physical changes and capital investments had been made to the property to accommodate
the storage of recreational vehicles. Member Huusko agreed. City Attorney Bauer stated he
would not recommend a grandfather clause be included due to the difficulty in verification of
qualifying properties.
Member Segal stated he felt the five-foot setback requirement from neighboring properties
should be enforced. He further stated that it might be necessary for residents who could not meet
the setback requirement to find off site storage for their recreational vehicles. He suggested the
possibility of allowing seasonal storage on the property. He also stated he was in favor of
waiving the screening requirement with consent of the abutting neighbors.
Member Tilley stated she felt complaints on recreational vehicle storage violations should be
logged.
Member Anderson questioned the necessity of the seven day per month parking restriction.
Chair Heyl stated she felt this provision was important to protect the neighbors against vehicles
being parked for extended periods.
Member Segal moved, Member Nosbush seconded a motion to recommend approval of an
Ordinance Amendment to Chapter 10 entitled "Public Protection, Crimes and Offenses" and
Chapter 11 Entitled "Land Use Regulations (Zoning)" of the Eagan City code establishing
recreational vehicle storage regulations.
Member Segal added a friendly amendment to the motion to include under 6 C. 2. the following
wording:
Recreational vehicles parked or stored outdoors shall be parked or stored on prepared hard
surface areas, including class S gravel, meeting the minimum setback requirements for
parking lots.
Member Nosbush agreed with the friendly amendment to the motion.
/819
Member Huusko added a friendly amendment to the motion to amend 5 (a) to read as follows:
At least fifty (50) percent of a recreational vehicle stored within an interior side yard or rear
yard shall be screened from view of contiguous properties. (deleting "or public streets").
Visual screening shall be in the form of fencing or plantings and shall be provided along the
entire length of the vehicle. This provision may be waived by the City with written consent
of the property owner(s) of the property abutting the recreational vehicle storage location.
Member Nosbush was in agreement with the friendly amendment.
All voted in favor.
Member Huusko moved, Member Tilley seconded a motion to direct City staff to review the
feasibility of a non-conforming provision or grandfather clause for capital improvements to the
property to accommodate the storage of a recreational vehicle.
All voted in favor.
01/
MEMO
- city of eagan
TO: Chair Heyl and Advisory Planning Commission
FROM: Bob Kirmis/Mike Ridley
DATE: June 22, 2000
SUBJECT: Code Amendment - Vehicle Storage Amendment
Attached please find a revised recreational vehicle storage amendment (dated 5/25/00) which
incorporates the various changes suggested by the APC at the 11 May workshop.
The following is a comparative summary of the proposed text modifications:
ITEM ORIGINAL DRAFT REVISED DRAFT
Quantity Maximum of two Class I vehicles Maximum of three vehicles on a single
(vehicles less than 20 feet in length) or family lot. Of those vehicles stored, no
one Class II vehicle (a vehicle 20 feet or more than one may be a Class II
more in length). vehicle.
Location In side and rear yards, not less than five In side and rear yards, not less than
feet from a lot line. five feet from a lot line.
Parking in front yards and on driveways No more than two Class I vehicles (20
prohibited. feet or less in length) or one Class II
vehicle may be parked on a driveway
(or other hard surface equivalent)
located within a front yard.
No recreational vehicle may be parked
within 15 feet of a roadway surface.
Screening Screening must provide a minimum Not less than 50 percent of a
opacity of 75 percent at the time of recreational vehicle must be screened
planting. from abutting properties. Such
Plantings used as a screening device must screening must be provided along the
screen a minimum of 50 percent of the entire length of the vehicle.
length and 50 percent of the recreational
vehicle at the time of planting.
APC Memorandum
May 31, 2000
Page 2
As part of the APC's consideration of the draft amendment, staff requests that clarification be
provided on the following items:
Surfacing (Section 11.10 Subd. 32.B 3.c &d)
The attached amendment has been revised to state that recreational vehicles must be stored on a
designated driveway or "prepared hard surfaced area". Question exists whether gravel is
considered a "prepared hard surface area" and if further clarification is needed/desired.
Screening (Section 11.10 Subd. 32.B.6)
The draft amendment states that at least 50 percent of a recreational vehicle stored within an
interior side yard or rear yard must be screened from view of abutting properties or public streets.
The amendment further states that screening (in the form of fencing or plantings) must be
provided along the entire length of the vehicle. Considering the substantial amount of discussion
that took place regarding this matter, staff would like confirmation that the stated provision
accurately reflects the AFC's intent.
The revised amendment retains the provision stipulating that screening requirements can be
waived with written consent of the property owner abutting the recreational vehicle storage
location. Concerns regarding this provision were briefly discussed by the APC; however, staff
would like to confirm that retaining this provision is consistent with the directives of the APC.
At the May workshop meeting, a resident raised question as to how a vehicle screened on all four
sides could be removed from the side or rear area of a property. Of particular concern was that
such screening requirement would prompt the installation of gates. It was not indicated whether
this concern is shared by the APC.
This material will be discussed in greater detail at the forthcoming public hearing on 27 June.
Revised 5/25/00
PROPOSED
VEHICLE STORAGE RELATED
CODE ,MODIFICATIONS
Section 10.52 (Prohibited use and parking of mobile homes and recreational camping vehicles)
Delete in its entirety.
Sec. 10.52.
Reserved
" 4
. a
1.1c ~cx t;Rdct"•'c e i'eixlf vzx cc $h zr }e hA a
~3~23~35 $V8~3•Ei~~~~; '~Ar.. cavrrcavraa~6i"~ a ccvSsr=rvi pea ~ cv ~v-'ev°vaz
to Welling f tFaye1, a"tieaa , .,«ei , 11t:e uses, e"tl. :ele«t:f.e 1
designed to ' `l.. elliag f tF ,els r e"t;e and . mie
> > r-eer-eatien and
N,ae ,ti91 , e te el~ "tef;; 1 pa# of felt« ..e,«e11eEl ..e1,: ,1e
a > meuiated- A-;-;- and designed fer- >
ases.
B. It is o"law&I. f"Y any per-sen tei pa& eT sw4 a rr, el.:le hAme a e•'t+e«..1 yeh ele in the
sett ek area of a efty in a " ;eae a di-st.i-et" F e than '72 he and .
e"'t ma~, so el, .,;A-h-ile e a ea4ioffal yAiele be l.ed . ,414 15 feet ..f the
e read.,.,..Fer- the pHr-pose of this the tepffi "setb- eLn
Section 11.03 (Definitions) Add the following definitions:
Recreational Camping Vehicle means any self-propelled vehicle and any vehicle propelled, drawn,
towed or carried by a self-propelled vehicle, which is designed to be used for temporary living
guarters while engaged in recreation or vacation activities.
1 '
t
Revised 5/25/00
Recreational Vehicle means M self-propelled vehicle and any vehicle propelled, drawn, towed or
carried by a self-propelled vehicle, which is designed to be used for leisure time activities and
purRoses including but not limited to:
1) Recreational camping vehicles;
2) Non-motorized trailers generally used for transporting recreational vehicles such as
watercraft and snowmobiles,
3) A van or truck with a slide-in camper which is not used primarily for &y to d
transportation needs:
4) Snowmobiles, all terrain vehicles, any We of watercraft and similar vehicles. Such
vehicles that are placed on a utility trailer shall, together with the trailer, constitute a single
recreational vehicle:
5 Passenger vehicles with antique or collector license plates, specialized off-road racing
vehicles that are not primarily used for day to da trasportation needs. Such vehicles that
are placed on a utility trailer shall, together with the trailer, constitute a single recreational
vehicle,
Recreational Vehicle. Class I means a recreational vehicle with a length of less than twenty (20) feet
and a height of less than six (6) feet when measured from the parking surface to the highest point of
the vehicle.
Recreational vehicle. Class II means a recreational vehicle with a length of twenty (20) feet or more
and/or a height of six (6) feet or more when measured from the parking surface to the highest point of
the vehicle.
Section 11.10 Subd. 32 (Recreational Vehicle Storage) Add to read as follows:
A. General Standards.
1. Recreational vehicles and equipment shall not be used for living sleeping or
housekeeping while parked or stored.
2. Except on properties that are valid motor vehicle dealers, recreational vehicles
shall have a current license and registration.
3. Recreational vehicles shall be in operable condition. No recreational vehicle
that is in a state of visible external disrepair shall be parked or stored outside of
a building.
4. No recreational vehicle shall be parked within fifteen (15) feet of a roadway
surface.
2
Revised 5/25/00
B. Single Family Residential Zoning Districts.
1. Quantity. In no case shall more than three (3) recreational vehicles be permitted
outside on any lot or parcel. Of the vehicles stored outside, no more than one
(1) may be a class II recreational vehicle.
2. Size. Unless stored or parked inside a building, no class ld recreational vehicle
greater than fort! (40) feet in length shall be permitted.
3. Location. Recreational vehicles maybe parked or stored in single family
residential zoning districts in accordance with the following requirements:
(a) The lot or parcel shall contain a permitted principal use in the applicable
single family residential zoning district.
(b) No recreational vehicle shall be parked or stored within five (5 feet of
an interior side lot line or rear lot line.
(c) No more than two (2) class II recreational vehicles or one (1) class II
recreational vehicle shall be parked or stored within a front yard or side
yard abutting a street. Recreational vehicles located within front yards
shall be stored on a designated driveway or adiacentprepared hard
surfaced area.
(d) Recreational vehicles stored within an interior side yard or rear yard
shall be stored on a prepared hard surfaced area
5. Ownership and Guest Parking; All recreational vehicles narked or stored shall
be owned or leased by an occupant of the premises. Guests of the occupant of
the premises may park on a driveway on the premises for a period not exceeding
seven (7) days in any consecutive thirty (30) day period provided all location
requirements of this subdivision have been satisfactorily met.
6. Screening.
(a) At least fifty (50) percent of a recreational vehicle stored within an
interior side yard or rear yard shall be screened from view of abutting
properties or public streets. Visual screening shall be in the form of
fencing or plantings and shall be provided along the entire length of the
vehicle. This provision may be waived by the City with written consent
of the property owner(s) of the property abutting the recreational vehicle
storage location.
(b) Fences used to satisfy this requirement shall screen the maximum
amount of the recreational vehicle possible while meeting other
requirements of this Code.
3
Revised 5/25/00
C. Multi-Family Residential Zoning Districts.
1. All recreational vehicles parked or stored shall be owned or leased by an
occupant of the premises where such vehicle is parked or stored.
2. Recreational vehicles parked or stored outdoors shall be parked or stored on
prepared hard surface areas meeting the minimum setback requirements for
parking l_ots.
3. Any off-street parking spaces used for the parking or storage of recreational
vehicles shall be in excess of the minimum number of parking spaces required
by this code.
4. At least fifty (50) percent of a recreational vehicle shall be screened from view
of abutting properties or public streets. Visual screening shall be in the form of
fencing or plantings and shall be provided along the entire length of the vehicle.
D. Nonresidential Zoning Districts.
1. Except in cases where a Rropgrrty is approved for recreational vehicle sales
and/or storage activities, no recreational vehicles shall be parked or stored
outdoors for more than forty eight (48) consecutive hours.
2. Recreational vehicles parked or stored outdoors shall be parked or stored on
hard surfaced areas meeting the minimum setback requirements for parking lots.
4
Page 2/Special City Council Minutes 00180
May 26, 1998
PROPERTY MAINTENANCE ORDINANCE
City Administrator Hedges stated that the planning staff has assembled property
maintenance information from surrounding communities in an effort to receive direction
from the City Council relative to a Property Maintenance Ordinance. He stated that the City
has received a number of calls about certain homes that are in disrepair in neighborhoods as
well as the storage of large recreational vehicles. He stated that there is some expectation
that the City Council will be addressing these issues in an ordinance.
Senior Planning Ridley explained the property maintenance and accessory building
items in detail using regulatory examples from Bloomington, Burnsville, Richfield and St.
Louis Park that were compiled in a report by Planner Bob Kinnis. Mr. Ridley recognized
Mr. Kirmis who was in the audience for his research in preparing the report for the City
Council review. Senior Planner Ridley further stated that the main issues for review by the
City Council is recreational vehicle storage, regulations governing the maintenance of single
family homes and whether the City should provide additional clarity in its ordinance relative
to accessory buildings on single family residential properties.
Mayor Egan stated that the City does need to look at accessory buildings,
specifically, how many are too many and to regulate the size of accessory buildings. In
regard to property maintenance, City Councilmember Awada stated that the goal should be
that properties are well maintained, so one home does not hurt the value of other homes in
neighborhoods. She stated that her main concern in addressing a Property Maintenance
Ordinance is the exterior of buildings.
Mayor Egan spoke regarding the type of outside storage that should be regulated
stating that some are more important while others are more discretionary.
City Councilmember Awada again stated that property values and building values are
her foremost concern and that campers and cars for sale on private property are okay,
however, some discretionary enforcement is okay if the sale of these vehicles in any way
impact surrounding properties.
Senior Planner Ridley again stated that staff is asking for direction on recreational
vehicles and exterior building features and not every item listed in the report such as weeds,
on site wells, garbage, firewood and other related uses. He further stated that the City has
ordinances in place to address many of these other issues. City Councilmember Blomquist
stated that she has mixed emotions on the storage of recreational vehicles. Mayor Egan
agreed stating that possibly the vehicles should be properly covered, if it is being stored on
residential property. Senior Planner Ridley stated that in some cases a recreational vehicle is
so large that it blocks the view of neighboring property which has generated complaints and a
request that the City provide some regulation on this issue.
City Councilmember Masin stated that the City should restrict the number of non-
motorized vehicles to possibly one vehicle.
Mayor Egan also stated that staff should review boarding houses in residential
neighborhoods along with its review of the property maintenance ordinance.
193
Page 3/Special City Council Minutes 00isl
May 26, 1998
After further discussion regarding the proposed ordinance, it was agreed that staff
would provide a summary of the ordinance regulations relative to issues such as weeds,
noise, firewood and the related, and pertaining to the preparation of an ordinance, it would
individually address property maintenance, vehicle storage and accessory buildings. There
was a City Council consensus on approaching the Property Maintenance Ordinance, first,
recognizing that a draft would require a review and public hearing by the Advisory Planning
Commission and eventual review and consideration by the City Council.
PRESENTATION/BUILDERS ASSOCIATION OF THE TWIN CITIES
Mr. Dave May representing the Builders Association of the Twin Cities appeared to
show a video tape entitled "The Future is Now" which dramatically depicts the Twin Cities'
dwindling land supply and affordable housing issues. Mr. May stated that the video was
prepared by the Builders Association and attempts to present the severity of the crisis.
Following the viewing of the video tape, City Councilmembers participated in a general
discussion with Mr. May regarding the type of housing needs that are most desirable for the
community. Mayor Egan stated that he is concerned about the issue of affordable housing
and would agree to some smaller lots, but not for the entire City. Mr. May stated that it was
not his intention to advocate all small lots.
Mayor Egan thanked Mr. May for an excellent dialogue stating that it was appropriate
to have this discussion on future housing needs since the City Council is in the process of
updating its Comprehensive Guide Plan.
WINTER TRAIL MAINTENANCE POLICY
The City Administrator Hedges stated that the City Council has held preliminary
discussions regarding the community's interest in winter maintenance of sidewalks and trails
at Special City Council meetings held on March 24 and April 7. On May 4, a community
informational meeting was held in the City Council Chambers allowing residents to provide
public input and comment on the proposed winter trail maintenance program which consisted
of 45 plus miles of winter maintenance. He further stated that following the May 4 meeting,
the public record was left open until May 15 with the understanding that all the comment
results of the survey that has been distributed throughout the community would be reviewed
at the May 26 Special City Council meeting.
Director of Public Works Colbert stated that in response to the community meeting
held on May 4, and survey results, the draft trail maintenance plan has been revised to either
add trails or reverse the side of the street the trails will be maintained due to public input.
Mayor Egan raised questions about the maintenance of the trail on the north side of Yankee
Doodle Road to the Eagan Promenade stating that it has been the intention of the City to
promote walkers to the Promenade and that segment of trail should be considered for winter
maintenance. Director of Public Works Colbert agreed with the suggestion and stated that
this is an example where there should be a concession to plow trails on both sides of Yankee
Doodle Road west of Lexington Avenue to serve the Eagan Promenade. City
Councilmember Masin asked if the same rationale should apply to the Coachman Shops
located on Yankee Doodle Road and Coachman Road. Director of Public Works Colbert
stated that the reason the trail maintenance proposal is only located on the south side, is due
Agenda Information Memo
October 7, 2003, Eagan City Council
BOARD OF ADJUSTMENTS AND APPEALS
A. BOARD OF ADJUSTMENTS AND APPEALS -CENTRAL IRRIGATION
ACTION TO BE CONSIDERED:
To Adopt the Board's Findings and Resolution regarding the City Council's denial of a rezoning
of the property located at 2785 Pilot Knob Road, in the NE '/4 of Section 4.
FACTS:
➢ At the meeting of September 16, 2003, the Eagan Board of Adjustments and Appeals
considered an appeal by Central Irrigation and Supply of a decision made by the Eagan
City Council at their regular meeting of June 3, 2003.
➢ After hearing testimony on September 16, 2003, the City Council, acting as the Eagan
Board of Adjustments and Appeals, affirmed the Council action of June 3, 2003.
ATTACHMENTS (1):
Board of Adjustments and Appeals Findings and Resolution on pages through ft
BOARD OF ADJUSTMENTS AND APPEALS
CITY OF EAGAN, MINNESOTA
IN THE MATTER OF THE DENIAL
OF A REZONING APPLICATION OF CENTRAL IRRIGATION SUPPLY.
This matter came before the Eagan Board of Adjustments and Appeals on September 16,
2003 to consider an appeal by Central Irrigation Supply (the "Applicant") of a Decision made by
the Eagan City Council. Robert J. Polski, Jr. appeared on behalf of the Applicant. The Board
received and considered the Eagan City Council's Findings of Fact, Conclusions and Resolution
of Denial, dated June 3, 2003; the minutes of the June 3, 2003 Eagan City Council Meeting; the
City of Eagan's Planning Report dated April 25, 2003; the minutes of the public hearing held by
the Advisory Planning Commission on May 27, 2003; together with input from City staff and
letters submitted by Mr. Polski, dated July 22, 2003 and September 11, 2003, with the
accompanying Business Plan prepared by Applicant.
FINDINGS
1. On June 3, 2003, the Eagan City Council considered the Applicant's request for a
rezoning of Lot 1, Block 1, Central Irrigation Addition from T, Transitional to NB,
Neighborhood Business. The Council's consideration followed a public hearing held before the
Advisory Planning Commission on May 27, 2003.
2. At its meeting of June 3, 2003, the Eagan City Council denied the Applicant's
request and adopted Findings of Fact, Conclusions and Resolution of denial.
3. The Council's decision was based upon its conclusion that the Applicant's
business did not serve the daily needs of the surrounding residents and therefore did not
constitute the type of business permitted in the NB, Neighborhood Business district. The
Council noted that the Applicant's business was similar to plumbing shops and construction
/ f6
material sales and services, enterprises that are consistent with a GB, General Business district
under the City Code. In addition, the Council concluded that the use of a driveway to service the
Applicant's proposed business from Pilot Knob Road created an unsafe condition.
4. Before the Board, the Applicant highlighted its business plan for the Minnesota
retail market and further sought to clarify the term "warehouse" as used in its letter to the City of
April 9, 2003 describing its business.
5. The Applicant and City staff responded to questions from the Board members
with respect to Applicant's proposed business and its relationship to the Neighborhood Business
district uses.
6. The Applicant proposes to build a 6,000 square foot building of which
approximately 2,000 square feet would consist of product storage and approximately 4,000
square feet would be available for retail use. Presently, the Applicant, through its existing
facilities, provides products to general contractors and subcontractors. Under its proposed
business plan, the Applicant will attempt to utilize its storefront to attract retail customers.
7. The Applicant's proposed use is inconsistent with the NB, Neighborhood
Business zoning district as it does not serve the daily needs of the surrounding residential
properties.
8. The Applicant's business, as described by the Applicant and as set forth in its
business plan, is a permitted use in the GB, General Business zoning district.
RESOLUTION
The City Council, acting as the Eagan Board of Adjustments and Appeals pursuant to the
City Code, does hereby resolve to affirm the Eagan City Council's denial of the Applicant's
request for a rezoning of the Property.
lq7
Dated at Eagan, Minnesota this 7th day of October, 2003.
CITY OF EAGAN
By: Patrick Geagan
Its: Mayor
By: Maria Petersen
Its: Clerk
/9l
AGENDA
CITY OF EAGAN
REGULAR MEETING OF THE ECONOMIC DEVELOPMENT AUTHORITY
EAGAN MUNICIPAL CENTER
OCTOBER 7, 2003
1. CALL TO ORDER
II. ADOPT AGENDA
III. APPROVE MINUTES
IV. OLD BUSINESS
rjo;L A. Resolution Approving Amended and Restated Development
Agreement Relating to Tax Increment Financing District No.1
Between the Eagan Economic Development Authority and U.S.
Home Corporation - Continue to October 21, 2003
V. NEW BUSINESS
A. Resolution Approving Purchase Agreement for City Acquisition of
Property for Redevelopment, Northeast Eagan Redevelopment
District, Darcom Partnership Property, 2815 Dodd Road, and
related stipulations and relocation agreements and approve sale of
the Darcom Property to Interstate Partners LLC in accordance with
the terms of the Amended and Restated Development Agreement
dated December 23, 2002 and the assignment of Interstate Partner
LLC's interests in the related development and acquisition
agreements to Grand Oak CR LLC.
VI. OTHER BUSINESS
A. SCHEDULE Special Economic Development Authority meeting for
October 21, 2003
VII. ADJOURNMENT
11
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION APPROVING THE MINUTES OF THE SEPTEMBER 16, 2003
SPECIAL MEETING
BE IT RESOLVED by the Board of Commissioners of the Eagan Economic
Development Authority to approve the minutes of the September 16, 2003
special meeting of the Eagan Economic Development Authority.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Gene VanOverbeke, Secretary/Deputy Executive Director of the Economic
Development Authority of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the
Authority in a regular meeting thereof assembled this 7th day of October, 2003.
Gene VanOverbeke, Secretary/Deputy Executive Director
aoo
MINUTES OF A MEETING OF THE
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
Eagan, Minnesota
September 16, 2003
A meeting of the Eagan Economic Development Authority was held on Tuesday,
September 16, 2003 at 9:20 p.m. at the Eagan Municipal Center. Present were President Geagan
and Commissioners Carlson, Fields, and Maguire. Also present were Executive Director Tom
Hedges, Senior Planner Mike Ridley, Director of Public Works Tom Colbert, City Attorney Mike
Dougherty, Administrative Secretary / Deputy Clerk McGarvey.
ADOPT AGENDA
Commissioner Maguire moved, Commissioner Tilley seconded a motion to approve the
agenda as presented. Aye: 5 Nay: 0
APPROVE MINUTES
Commissioner Maguire moved, Commissioner Tilley seconded a motion to adopt
a resolution approving the minutes of the September 2, 2003 regular EDA meeting as
presented.
RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT
AGREEMENT - TIF DISTRICT NO. 1
Commissioner Fields moved, Commissioner Tilley seconded a motion to continue
consideration of a Resolution Approving Amended and Restated Development Agreement
Relating to Tax Increment Financing District No. 1 Between the Eagan Economic Development
Authority and U.S. Home Corporation to the October 7, 2003 regular EDA meeting. Aye: 5
Nay: 0
ADJOURNMENT
The meeting adjourned at 9:22 p.m.
Date Executive Director
If you need these minutes in an alternative form such as large print, Braille, audio tape, etc, please
contact the City of Eagan, 3830 Pilot Knob Road, Eagan, MN 55122, (612) 681-4600 (TDD
phone: (612) 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.
aoi
Agenda Information Memo
October 7, 2003 Eagan Economic Development Authority Meeting
IV. OLD BUSINESS
A. RESOLUTION APPROVING AMENDED AND RESTATED
DEVELOPMENT AGREEMENT RELATING TO TAX INCREMENT
FINANCING DISTRICT NO.1 BETWEEN THE EAGAN ECONOMIC
DEVELOPMENT AUTHORITY AND U.S. HOME CORPORATION
ACTION TO BE CONSIDERED:
To continue consideration of a Resolution Approving The Amended and Restated
Development Agreement Relating to Tax Increment Financing District No.1
Between the Eagan Economic Development Authority and U.S. Home
Corporation.
FACTS:
• At the Request of Delta Development, Inc. the EDA has adopted a
resolution approving the assignment of the Development Agreement with
Delta Development, Inc. ("Delta") relating to Tax Increment Financing
District No. 1 in Cedar Grove Redevelopment Project to U.S. Home
Corporation, which operates locally as Orrin Thompson Homes.
• U.S. Home assumed Delta's obligations under the Development
Agreement and the action released Delta from its obligations.
• In addition to the assignment of the development rights and obligations,
U.S. Home Corporation is requesting changes to the Development
Agreement that were outlined in the Special City Council packet for
September 9, 2003.
• At that time, the City Council requested that the U.S. Home
representatives revise their proposal for finish materials for the buildings in
the development project to conform to the Cedar Grove Zoning District
Architectural Standards for finish materials, with an emphasis on
incorporating stucco finishes for the proposed buildings.
• U.S. Home has contacted staff to request that the item be continued
pending receipt of the results of the Phase I environmental review of the
remaining properties within the boundaries of the Nicols Ridge Planned
Development. This will permit the company to better understand the
ultimate costs of the development prior to the preparation of a revised
architectural treatment.
ATTACHMENTS:
• Copy of the request for continuance on page
ao~
Bill,
Thank you for the email update and your request for continuance of the item pending completion
of the Phase I report. Because the EDA business item was continued to October 7, it will be
necessary to have it on the agenda, but the proposed action will be to continue it to October 21 in
accordance with your request. Thank you for getting to us in advance, so that we can arrange
the agenda with that in mind. Please contact me if you have any other questions regarding this
matter.
Jon
Jon Hohenstein
Community Development Director
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
651-675-5660
Fax 651-675-5694
ihohenstein(c~citvofeapan.com
-----Original Message-----
From: Bill Pritchard [mailto:PritchardB@wf.USHOME.com]
Sent: Monday, September 29, 2003 9:10 AM
To: 'JHohenstein@ci.eagan.mn.us'
Cc: 'MRidley@ci.eagan.mn.us'; 'mparranto@deltahomes.us'
Subject: Nicols Ridge Oct 2nd meeting
John,
We are requesting more time to prepare for building exterior revisions and therefore will
not be ready to present to the City Council and/or EDA at the October 2nd meeting. We
also are waiting for results and any additional information that will be able regarding the
Enviromental Phase I analysis being prepared. Once the Phase I has been complete
and pending its results we respectfully request continuiing our application regarding
Nicols Ridge changes to the TIF Development Agreement and building modifications.
Bill Pritchard
952-249-3073
0,Z3
Agenda Information Memo
September 9, 2003 Eagan Economic Development Authority Meeting
IV. NEW BUSINESS
A. Resolution Approving Purchase Agreement for City
Acquisition of Property for Redevelopment, Northeast Eagan
Redevelopment District, Darcom Partnership Property, 2815
Dodd Road, and related stipulations and relocation
agreements and approve sale of the Darcom Property to
Interstate Partners LLC in accordance with the terms of the
Amended and Restated Development Agreement dated
December 23, 2002 and the assignment of Interstate Partner
LLC's interests in the related development and acquisition
agreements to Grand Oak CR LLC.
ACTION TO BE CONSIDERED:
To adopt a resolution approving the purchase agreement for the Darcom
Partnership Property, 2815 Dodd Road, and related stipulations and relocation
agreements and approve sale of the Darcom Property to Interstate Partners LLC
in accordance with the terms of the Amended and Restated Development
Agreement dated December 23, 2002, related to redevelopment of the Northeast
Eagan Redevelopment District and the assignment of the associated
Development Agreement and Acquisition Agreement to Grand Oak CR LLC.
FACTS:
• The City of Eagan created Tax Increment District #24 for the purpose of
facilitating the redevelopment of a commercial-industrial area of northeast
Eagan, generally located in the vicinity of TH 149 and 55.
• To that end, the City also approved the Amended and Restated
Development Agreement dated December 23, 2002, providing for the
acquisition of certain properties contemplated to be acquired and
redeveloped by Interstate Partners as part of an overall business park
development plan.
• At this time, the City has negotiated the acquisition of property owned by
the Darcom Partnership, which is located at 2815 Dodd Road. Staff is
requesting Council consideration of the approval of the purchase
agreement for this property and, upon closing, authorization of sale of the
property to Interstate Partners. The proposed purchase price appears to
be reasonable in the context of market and relocation factors.
9 o C/
Agenda Information Memo Page 2
New Business
September 9, 2003 Eagan Economic Development Authority Meeting
FACTS (Continued):
• Interstate Partners has requested the assignment of its rights and
responsibilities relative to the acquisition and the development of the
property to a related, newly formed partnership, Grand Oak CR LLC.
ATTACHMENTS:
• Resolution on pages • Purchase Agreement acquiring the property from Darcom Partnership to
be distributed with Additional information.
• Purchase Agreement selling the property to Interstate Partners LLC to be
distributed with Additional information.
• Stipulation of Settlement with Darcom Partnership on pages A-09-X0
• Petition for Acquisition through Ne otiation in the Course of Eminent
Domain Proceeding on pages
• Final Certificate and Order on pa es Q. • Notice of Lis Pendens on pages
• Relocation Agreements and cost summary Exhibit A's for Arcade Body
Shop, Mid-Northern Electric and Valley Motorsports on pages m?J 4 -j 36
• Assignment and Assumption of Development Agreement by Grand Oak
CR LLC on pages -.?yo .
• Assignment and Assumption of Acquisition Agreement by Grand Oak CR
LLC on pages f y .
C~o
EAGAN ECONOMIC DEVELOPMENT AUTHORITY
RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY
ACQUISITION OF PROPERTY FOR REDEVELOPMENT IN THE NORTHEAST
EAGAN REDEVELOPMENT DISTRICT FOR THE DARCOM PARTNERSHIP
PROPERTY LOCATED AT 2815 DODD ROAD AND RELATED
STIPULATIONS AND RELOCATION AGREEMENTS AND TO APPROVE THE
SALE OF THE DARCOM PROPERTY TO INTERSTATE PARTNERS LLC IN
ACCORDANCE WITH THE TERMS OF THE AMENDED AND RESTATED
DEVELOPMENT AGREEMENT FOR TIF DISTRICT #2-4 DATED DECEMBER
23, 2002 AND THE ASSIGNMENT OF INTERSTATE PARTNER LLC'S
INTERESTS IN THE RELATED DEVELOPMENT AND ACQUISITION
AGREEMENTS TO GRAND OAK CR LLC.
BE IT RESOLVED by the Board of Commissioners of the Eagan Economic
Development Authority to approve the purchase agreement with Darcom
Partnership for the real estate at 2815 Dodd Road in the Northeast Eagan
Redevelopment Area Located in TIF District No. 2-4, related relocation
agreements and stipulations, sale of the property to Interstate Partners LLC and
the assignment of the rights and obligations of Interstate Partners LLC under the
development and acquisition agreements to Grand Oak CR LLC.
Motion by:
Second by:
Those in Favor:
Those Against:
CERTIFICATION
I, Gene VanOverbeke, Secretary/Deputy Executive Director of the Economic
Development Authority of the City of Eagan, Dakota County, Minnesota, do
hereby certify that the foregoing resolution was duly passed and adopted by the
Authority in a regular meeting thereof assembled this 7th day of October, 2003.
Gene VanOverbeke, Secretary/Deputy Executive Director
a06
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
COURT FILE NO.:
Eagan Economic Development Authority,
a Minnesota municipal corporation,
Petitioner,
V. STIPULATION OF SETTLEMENT
DARCOM Partnership a/k/a DARCOM
Partners, a Minnesota general partnership;
Arcade Body Shop, Inc., a Minnesota
corporation; Valley Motorsports, Inc.,
a Minnesota corporation; Mid-Northern
Electric, Inc., a Minnesota corporation;
Respondents.
WHEREAS, the above-entitled action is a condemnation action whereby the Eagan
Economic Development Authority (hereinafter "Petitioner") acquired fee title to property owned
by DarCom Partnership (hereinafter "DarCom") and leased by Arcade Body Shop, Inc., a
Minnesota corporation; Valley Motorsports, Inc., a Minnesota corporation; and Mid-Northern
Electric, Inc., a Minnesota corporation (collectively referred to as the "Tenants"). (DarCom and
Tenants are hereinafter collectively referred to as the "Parties") as more particularly described in
the Condemnation Acquisition Agreement (the "Agreement"); and
NOW WHEREFORE, in consideration of the mutual promises herein set forth, the
Parties by and through their attorneys, expressly agree to the following:
1. SETTLEMENT OF ACTION. The Petitioner and the Parties stipulate that the
above-entitled matter has been fully compromised and settled as to
Respondents, DARCOM Partnership a/k/a DARCOM Partners; Arcade
Body Shop, Inc.; Valley Motorsports, Inc.; and Mid-Northern Electric,
Inc. The Parties acknowledge that all sums due and owing the Parties for
dad
Page 2/STIPULATION OF SETTLEMENT
any and all damages, including relocation benefits, have been fully paid by
the Petitioner.
2. FINAL DISCHARGE/DISCHARGE OF Lis PENDENS. The City may file its Final
Certificate and release of the property from any Lis Pendens.
Dated: 52003. SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
By: Robert B. Bauer, I.D. #227365
Attorneys for Petitioner, Eagan Economic
Development Authority
7300 West 147th Street, Suite 600
Apple Valley, Minnesota 55124
(952) 432-3136
Dated: , 2003.
Gary Fuchs, I.D. #
Attorneys for DarCom Partnership and
Mid-Northern Electric, Inc.
3440 Federal Drive, #250
Eagan, Minnesota 55122
(651) 452-1214
DARCOM Partnership aWa DARCOM Partners,
a Minnesota general partnership
Dated: 12003. By:
Its:
0?O f
Page 3/STIPULATION OF SETTLEMENT
Arcade Body Shop, Inc., a Minnesota corporation
Dated: , 2003. By:
Its:
Valley Mororsports, Inc., a Minnesota corporation
Dated: , 2003. By:
Its:
Mid-Northern Electric, Inc., a Minnesota
corporation
Dated: , 2003. By:
Its:
Page 4/STIPULATION OF SETTLEMENT
ORDER
Based on the afore-mentioned Stipulation, it is hereby Ordered that:
1. The above-referenced action is hereby settled as to Respondents,
DARCOM Partnership a/k/a DARCOM Partners; Arcade Body Shop, Inc.;
Valley Motorsports, Inc.; and Mid-Northern Electric, Inc., without an
award of costs and disbursements to any party.
4. Upon valid approval of this Stipulation by the City Council of the City of
Eagan, Petitioner may file its Final Certificate relating to the property and
discharge any lis pendens.
LET JUDGMENT BE ENTERED ACCORDINGLY, FORTHWITH.
Dated: 12003.
Judge of District Court
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
CASE TYPE 2: Condemnation
COURT FILE NO.:
Eagan Economic Development Authority,
a Minnesota municipal corporation,
Petitioner,
V. PETITION
DARCOM Partnership a/k/a DARCOM Partners,
a Minnesota general partnership; Bremer Bank,
National Association; Capital Bank, a Minnesota
corporation; Oscar Lane d/b/a Arcade Body Shop,
Inc., a Minnesota corporation; Mark Sandberg
d/b/a Valley Motorsports, Inc., a Minnesota
corporation; Mid-Northern Electric, Inc., a
Minnesota corporation; Xcel Energy; John Doe;
Mary Roe, and all others claiming any interest
in the property described in Petitioner's Petition
Respondents.
TO THE ABOVE NAMED COURT:
Petitioner respectfully represents and states to the Court:
I
That Petitioner is an economic development authority created and existing under
and by virtue of the laws of the State of Minnesota and is located in Dakota County,
Minnesota.
II
That in the exercise of its governmental powers as an Economic Development
Authority, Petitioner desires to acquire certain properties for that part of the Development
ail
Page 2/PETITION
Program for Northeast Eagan Development District No. 2 which has been established as a
Redevelopment Area.
III
That the governing body of the Petitioner has duly adopted resolutions
determining that it is necessary to acquire the properties described herein and has
complied fully with all notice and hearing requirements of Minnesota Statutes Chapter
469.
IV
That as of the date of this Petition, Petitioner has negotiated a purchase from the
present owners, however, it is necessary and in the public interest to acquire the same by
eminent domain proceedings and to extinguish the lease interest of the affected tenants.
V
That it is the intention of Petitioner to proceed under MINN. STA`r. § 117.042 to
take possession of the premises under the "quick-take" provision of said statute.
VI
That the properties to be taken herein by eminent domain proceedings are in the
City of Eagan, Dakota County, Minnesota and described on the attached Exhibit "A." The
names of all persons appearing of record or known to your Petitioner to be the owners of
the lands or claiming interest thereon are also stated on Exhibit "A."
WHEREFORE, Petitioner prays that such proceedings may be had herein
provided by law; that it be adjudged that the taking by eminent domain proceedings is
necessary and authorized by law and that the use for which the property herein described
is proposed to be taken is a public use; that transfer of title and possession of the property
0 la-
Page YPETITION
be ordered; that three competent and impartial persons be appointed as commissioners to
ascertain and report the amount of damages that will be sustained by the several owners
or persons interested on account of the above described taking; that the time and place of
the first meeting and the compensation of the said commissioners be fixed; and that such
further and other orders be made herein pursuant to the statutes made and provided in
such case.
Dated , 2003. SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
By: Robert B. Bauer, #227365
Michael G. Dougherty, #134570
Attorneys for PetitionerEagan Economic
Development Authority
7300 West 147th Street, Suite 600
Apple Valley, Minnesota 55124
(952) 432-3136
ACKNOWLEDGMENT
The party above-named represented by the undersigned, hereby acknowledges
that sanctions may be imposed pursuant to MINN. STAT. §549.211.
Robert B. Bauer
a/3
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
COURT FILE NO.:
Eagan Economic Development Authority,
a Minnesota municipal corporation,
Petitioner,
V. FINAL CERTIFICATE AND
ORDER
DARCOM Partnership a/k/a DARCOM Partners,
a Minnesota general partnership; Bremer Bank,
National Association; Capital Bank, a Minnesota
corporation; Oscar Lane d/b/a Arcade Body Shop,
Inc., a Minnesota corporation; Mark Sandberg
d/b/a Valley Motorsports, Inc., a Minnesota
corporation; Mid-Northern Electric, Inc., a
Minnesota corporation; Xcel Energy; John Doe;
Mary Roe, and all others claiming any interest
in the property described in Petitioner's Petition
Respondents.
IN THE MATTER OF THE CONDEMNATION
OF CERTAIN LANDS FOR REDEVELOPMENT PURPOSES
By authority of Minnesota Statutes Chapter 117, I hereby certify that the lands herein
described have been taken by the City of Eagan in eminent domain proceedings for purposes in
conformity with the requirements of Chapter 117 and of said statutes as amended; that all
damages by agreement of the parties have been paid by the Eagan Economic Development
Authority; that the proceedings for the taking of certain rights in said lands are now complete;
and that the Eagan Economic Development Authority now owns fee title to the land situated in
Dakota County, Minnesota, as described in particularity on Exhibit A, attached and incorporated
by reference.
a~~
Page 2/FINAL CERTIFICATE AND ORDER
And notice is hereby given that the above-captioned condemnation proceeding has been
completed; that payment for the taking of lands above described has been made and that the
Final Certificate was executed and approved on the dates shown and endorsed herein.
Dated: , 2003. SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
By: Robert B. Bauer, I.D. #227365
Michel D. Klemm, I.D. #295218
Attorneys for Petitioner, City of Eagan
7300 West 147th Street, Suite 600
Apple Valley, Minnesota 55124
(952) 432-3136
The above Certificate is hereby approved.
BY THE COURT:
Judge of District Court
a45
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF DAKOTA FIRST JUDICIAL DISTRICT
COURT FILE NO.:
Eagan Economic Development Authority,
a Minnesota municipal corporation,
Petitioner,
V. NOTICE OF LIS PENDENS
DARCOM Partnership a/k/a DARCOM Partners,
a Minnesota general partnership; Bremer Bank,
National Association; Capital Bank, a Minnesota
corporation; Oscar Lane d/b/a Arcade Body Shop,
Inc., a Minnesota corporation; Mark Sandberg
d/b/a Valley Motorsports, Inc., a Minnesota
corporation; Mid-Northern Electric, Inc., a
Minnesota corporation; Xcel Energy; John Doe;
Mary Roe, and all others claiming any interest
in the property described in Petitioner's Petition
Respondents.
IN THE MATTER OF THE CONDEMNATION
OF CERTAIN LANDS FOR REDEVELOPMENT PURPOSES
NOTICE IS HEREBY GIVEN:
That the above-entitled action has commenced and the Petition therein is now on file in
the office of the Clerk of District Court above named; that the parties to said action are as above
stated; that the real property affected, involved, and brought in question by said action is the land
in the County of Dakota, State of Minnesota, legally described on Exhibit "A" attached hereto
and incorporated herein.
Notice is further given that the object of said action is to acquire said property for that
part of the Development Program for Northeast Eagan Development District No. 2 which has
been established as a Redevelopment Area.
'02 /6
o
Page 2/NOTICE OF LIS PENDENS
Dated: 52003. SEVERSON, SHELDON, DOUGHERTY
& MOLENDA, P.A.
By: Robert B. Bauer, #227365
Michael D. Klemm, #0295218
Michael G. Dougherty, #134570
Attorneys for Petitioner, City of Eagan
7300 West 147th Street, Suite 600
Apple Valley, Minnesota 55124
(952) 432-3136
STATE OF MINNESOTA)
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2003, by Michael D. Klemm.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
SEVERSON, SHELDON, DOUGHERTY &
MOLENDA, P.A.
7300 West 147th Street, Suite 600
Apple Valley MN 55124
(952) 432-3136
(RBB/kmw #206-19381)
EXHIBIT "A"
That part of Lot 3, The Robert O'Neill homestead, Dakota Co. Minn. described as follows:
Commencing at the intersection of the North line of said Lot 3 and the Westerly
right of way line of State Highway No. 49, thence Southerly along said right of
way line 150.0 feet to the point of beginning, thence Southerly along said right of
way line 160.0 feet, thence Westerly parallel to the North line of said Lot 3 a
distance of 245.0 feet, thence North parallel to the West line of said Lot 3 a
distance of 158.98 feet, thence Easterly 263.48 feet to the point of beginning.
a~~
RELOCATION AGREEMENT
THIS AGREEMENT is entered into this day of , 2003, by
and between Eagan Economic Development Authority, a Minnesota municipal corporation
("EDA"), and Arcade Body Shop, Inc., a Minnesota corporation ("Tenant").
RECITALS:
A. Tenant has a lease interest in a building located on real property located in Dakota
County, Minnesota, and legally described as follows:
That part of Lot 3, The Robert O'Neill homestead, Dakota Co. Minn.
described as follows:
Commencing at the intersection of the North line of said
Lot 3 and the Westerly right of way line of State Highway
No. 49, thence Southerly along said right of way line 150.0
feet to the point of beginning, thence Southerly along said
right of way line 160.0 feet, thence Westerly parallel to the
North line of said Lot 3 a distance of 245.0 feet, thence
North parallel to the West line of said Lot 3 a distance of
158.98 feet, thence Easterly 263.48 feet to the point of
beginning.
(the "Subject Property").
B. EDA will acquire the Subject Property and is obligated to provide certain
relocation benefits to Tenant pursuant to MINN. STAT. § 117.52 and other
applicable laws.
C. EDA desires to acquire Tenant's possessory interest in the Subject Property.
D. Tenant desires to accept the relocation benefits outlined herein and relocate a
business and any other operations occurring at the Subject Property.
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, EDA
and Tenant agree as follows:
a~
SECTION ONE
RELOCATION BENEFITS
1.1 EDA shall pay Tenant the following relocation benefits:
(a) Moving Expenses. The EDA will be responsible for all costs associated
with moving the personal property of the Tenant from the Subject
Property. Attached hereto as Exhibit "A" is a preliminary estimate of the
moving expenses indicating the estimated cost to move Tenant's personal
property. The preliminary moving estimate is $15,500.00 and the EDA
shall select the moving company and provide payment to the moving
company for such moving expenses; and
(b) Reestablishment Expenses. Contemporaneously with the execution of this
Agreement, the EDA shall pay to Tenant reestablishment expenses in the
amount of $1,000.00.
SECTION TWO
VACATION OF SUBJECT PROPERTY
2.1 Tenant shall vacate the Subject Property by no later than November 30, 2003.
2.2 On or before November 30, 2003, Tenant may remove items of personal property
and related fixtures at Tenant's own cost and expense, provided such removal will
not create a hazardous condition on the Subject Property.
SECTION THREE
RELOCATION OBLIGATION SATISFIED/WAIVER OF
CLAIMS/INDEMNIFICATION
3.1 Tenant expressly acknowledges that the obligations of EDA under this Agreement
shall fully satisfy EDA's obligation to provide relocation assistance as required
under applicable law. Tenant expressly waives any other claims against EDA (on
Tenant's behalf and on behalf of its successors or assigns) for reimbursement or
payment of any other item related to vacating the Subject Property and/or
relocation to another place of business.
3.2 Tenant shall indemnify and hold EDA harmless from and against any claim for
relocation benefits by any past or present occupant of the Subject Property.
SECTION FOUR
MISCELLANEOUS
4.1 The covenants, representations, warranties and indemnifications set forth herein
shall survive this transaction of this transaction.
CQ ao
4.2 Tenant and EDA represent to each other that no real estate brokers are involved in
this transaction and that no real estate commissions are owed as a result of this
Agreement. Tenant and EDA hereby indemnify each other for any claim, cost, or
damage related to any brokerage fee due because of this Agreement.
4.3 Any notice, demand, or request which may be permitted, required or desired to be
given in connection herewith shall be in writing and sent by certified mail, hand
delivery, overnight mail service such as Federal Express, or Western Union
telegram or other form of telegraphic communication, directed to Tenant or EDA
at the respective address of each. Any notice shall be deemed effective when
delivered to the party to whom it is directed.
4.4 Time shall be of the essence in this Agreement. Where any date or time
prescribed by this Agreement falls on a Saturday, Sunday or statutory holiday,
such date or time shall automatically be extended to the next normal business day.
4.5 Each party hereto shall promptly, on the request of the other party, have
acknowledged and delivered to the other party any and all further instruments and
assurances reasonably requested or appropriate to evidence or give effect to the
provisions of this Agreement.
4.6 This Agreement may not be changed, modified or rescinded, except by a written
agreement signed by both parties hereto.
4.7 If any party defaults under any of the terms hereof, the non-defaulting party shall
have the right to pursue any remedies available to the non-defaulting party at law
or in equity including specific performance, damages (including attorney's fees)
and the cancellation of this Agreement.
4.8 If any provision of this Agreement is declared void or unenforceable, such
provision shall be deemed severed from this Agreement, which shall otherwise
remain in full force and effect.
4.9 Failure of any party to exercise any right or option arising out of a breach of this
Agreement shall not be deemed a waiver of any right or option with respect to any
subsequent or different breach, or the continuance of any existing breach.
4.10 This Agreement shall inure to the benefit of and be binding upon the parties
hereto and their respective successors and assigns.
4.11 This Agreement shall be construed in accordance with the laws of the State of
Minnesota.
C aQ
4.12 Tenant has had the opportunity to be represented by legal counsel in the
negotiation of this Agreement and fully understands EDA's obligation to provide
relocation assistance.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
EAGAN ECONOMIC DEVELOPMENT
AUTHORITY, a Minnesota municipal
corporation
By:
Pat Geagan
Its: President
By:
Thomas L. Hedges
Its: Executive Director
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2003, by Pat Geagan and Thomas L. Hedges, respectively the President and
Executive Director of EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota
municipal corporation, on behalf of the municipal corporation.
Notary Public
aRa'
Arcade Body Shop, Inc., a Minnesota corporation
By:
Its:
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2003, by , the of
Arcade Body Shop, Inc., a Minnesota corporation, on behalf of the corporation.
Notary Public
P 0o
EXHIBIT "A"
ARCADE BODY SHOP, INC.
Main Move
1; MEN /3) VANS / 2 SUPERVISORS
$521.00 AN HOUR X 12 HOURS $6,252.00
Packing and Unpacking $1,400.00
Relocate 17 Autos $2,200.00
Tear down and reinstall paint booth $15,500.00
aa~
RELOCATION AGREEMENT
THIS AGREEMENT is entered into this day of , 2003, by
and between Eagan Economic Development Authority, a Minnesota municipal corporation
("EDA"), and Mid-Northern Electric, Inc., a Minnesota corporation ("Tenant").
RECITALS:
A. Tenant has a lease interest in a building located on real property located in Dakota
County, Minnesota, and legally described as follows:
That part of Lot 3, The Robert O'Neill homestead, Dakota Co. Minn.
described as follows:
Commencing at the intersection of the North line of said
Lot 3 and the Westerly right of way line of State Highway
No. 49, thence Southerly along said right of way line 150.0
feet to the point of beginning, thence Southerly along said
right of way line 160.0 feet, thence Westerly parallel to the
North line of said Lot 3 a distance of 245.0 feet, thence
North parallel to the West line of said Lot 3 a distance of
158.98 feet, thence Easterly 263.48 feet to the point of
beginning.
(the "Subject Property").
B. EDA will acquire the Subject Property and is obligated to provide certain
relocation benefits to Tenant pursuant to MINN. STAT. § 117.52 and other
applicable laws.
C. EDA desires to acquire Tenant's possessory interest in the Subject Property.
D. Tenant desires to accept the relocation benefits outlined herein and relocate a
business and any other operations occurring at the Subject Property.
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, EDA
and Tenant agree as follows:
ass
SECTION ONE
RELOCATION BENEFITS
1.1 EDA shall pay Tenant the following relocation benefits:
(a) Moving Expenses. The EDA will be responsible for all costs associated
with moving the personal property of the Tenant from the Subject
Property. Attached hereto as Exhibit "A" is a preliminary estimate of the
moving expenses indicating the estimated cost to move Tenant's personal
property. The preliminary moving estimate is $6,708.00 and the EDA
shall select the moving company and provide payment to the moving
company for such moving expenses; and
(b) Reestablishment Expenses. Contemporaneously with the execution of this
Agreement, the EDA shall pay to Tenant reestablishment expenses in the
amount of $3,200.00.
SECTION TWO
VACATION OF SUBJECT PROPERTY
2.1 Tenant shall vacate the Subject Property by no later than November 30, 2003.
2.2 On or before November 30, 2003, Tenant may remove items of personal property
and related fixtures at Tenant's own cost and expense, provided such removal will
not create a hazardous condition on the Subject Property.
SECTION THREE
RELOCATION OBLIGATION SATISFIED/WAIVER OF
CLAIMS/INDEMNIFICATION
3.1 Tenant expressly acknowledges that the obligations of EDA under this Agreement
shall fully satisfy EDA's obligation to provide relocation assistance as required
under applicable law. Tenant expressly waives any other claims against EDA (on
Tenant's behalf and on behalf of its successors or assigns) for reimbursement or
payment of any other item related to vacating the Subject Property and/or
relocation to another place of business.
3.2 Tenant shall indemnify and hold EDA harmless from and against any claim for
relocation benefits by any past or present occupant of the Subject Property.
a0? 6
SECTION FOUR
MISCELLANEOUS
4.1 The covenants, representations, warranties and indemnifications set forth herein
shall survive this transaction of this transaction.
4.2 Tenant and EDA represent to each other that no real estate brokers are involved in
this transaction and that no real estate commissions are owed as a result of this
Agreement. Tenant and EDA hereby indemnify each other for any claim, cost, or
damage related to any brokerage fee due because of this Agreement.
4.3 Any notice, demand, or request which may be permitted, required or desired to be
given in connection herewith shall be in writing and sent by certified mail, hand
delivery, overnight mail service such as Federal Express, or Western Union
telegram or other form of telegraphic communication, directed to Tenant or EDA
at the respective address of each. Any notice shall be deemed effective when
delivered to the party to whom it is directed.
4.4 Time shall be of the essence in this Agreement. Where any date or time
prescribed by this Agreement falls on a Saturday, Sunday or statutory holiday,
such date or time shall automatically be extended to the next normal business day.
4.5 Each party hereto shall promptly, on the request of the other party, have
acknowledged and delivered to the other party any and all further instruments and
assurances reasonably requested or appropriate to evidence or give effect to the
provisions of this Agreement.
4.6 This Agreement may not be changed, modified or rescinded, except by a written
agreement signed by both parties hereto.
4.7 If any party defaults under any of the terms hereof, the non-defaulting party shall
have the right to pursue any remedies available to the non-defaulting party at law
or in equity including specific performance, damages (including attorney's fees)
and the cancellation of this Agreement.
4.8 If any provision of this Agreement is declared void or unenforceable, such
provision shall be deemed severed from this Agreement, which shall otherwise
remain in full force and effect.
4.9 Failure of any party to exercise any right or option arising out of a breach of this
Agreement shall not be deemed a waiver of any right or option with respect to any
subsequent or different breach, or the continuance of any existing breach.
4.10 This Agreement shall inure to the benefit of and be binding upon the parties
hereto and their respective successors and assigns.
ovI?
4.11 This Agreement shall be construed in accordance with the laws of the State of
Minnesota.
4.12 Tenant has had the opportunity to be represented by legal counsel in the
negotiation of this Agreement and fully understands FDA's obligation to provide
relocation assistance.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
EAGAN ECONOMIC DEVELOPMENT
AUTHORITY, a Minnesota municipal
corporation
By:
Pat Geagan
Its: President
By:
Thomas L. Hedges
Its: Executive Director
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2003, by Pat Geagan and Thomas L. Hedges, respectively the President and
Executive Director of EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota
municipal corporation, on behalf of the municipal corporation.
Notary Public
42V2 9
Mid-Northern Electric, Inc., a Minnesota
corporation
By:
Its:
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2003, by , the of
Mid-Northern Electric, Inc., a Minnesota corporation, on behalf of the corporation.
Notary Public
c:Pa
q
EXHIBIT "A"
MID-NORTHERN ELECTRIC, INC.
Main Move
13 MEN /3) VANS /2 SUPERVISORS
$521.00 AN HOUR X 8 HOURS $4,168.00
Packing and Unpacking $1,080.00
Tear down and reinstall two workstations $360.00
Pipe rack 1 Tear down and reinstall $210.00
Tear down and reinstall drafting tables
and overheads $480.00
Barrett to provide rental forklift $410.00
Total Bid $6,708.00
~3b
RELOCATION AGREEMENT
THIS AGREEMENT is entered into this day of , 2003, by
and between Eagan Economic Development Authority, a Minnesota municipal corporation
("EDA"), and Valley Motorsports, Inc., a Minnesota corporation ("Tenant").
RECITALS:
A. Tenant has a lease interest in a building located on real property located in Dakota
County, Minnesota, and legally described as follows:
That part of Lot 3, The Robert O'Neill homestead, Dakota Co. Minn.
described as follows:
Commencing at the intersection of the North line of said
Lot 3 and the Westerly right of way line of State Highway
No. 49, thence Southerly along said right of way line 150.0
feet to the point of beginning, thence Southerly along said
right of way line 160.0 feet, thence Westerly parallel to the
North line of said Lot 3 a distance of 245.0 feet, thence
North parallel to the West line of said Lot 3 a distance of
158.98 feet, thence Easterly 263.48 feet to the point of
beginning.
(the "Subject Property").
B. EDA will acquire the Subject Property and is obligated to provide certain
relocation benefits to Tenant pursuant to MINN. STAT. § 117.52 and other
applicable laws.
C. EDA desires to acquire Tenant's possessory interest in the Subject Property.
D. Tenant desires to accept the relocation benefits outlined herein and relocate a
business and any other operations occurring at the Subject Property.
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, EDA
and Tenant agree as follows:
pQ43
SECTION ONE
RELOCATION BENEFITS
1.1 EDA shall pay Tenant the following relocation benefits:
(a) Moving Expenses. The EDA will be responsible for all costs associated
with moving the personal property of the Tenant from the Subject
Property. Attached hereto as Exhibit "A" is a preliminary estimate of the
moving expenses indicating the estimated cost to move Tenant's personal
property. The preliminary moving estimate is $4,680.00 and the EDA
shall select the moving company and provide payment to the moving
company for such moving expenses; and
(b) Reestablishment Expenses. Contemporaneously with the execution of this
Agreement, the EDA shall pay to Tenant reestablishment expenses in the
amount of $1,500.00
SECTION TWO
VACATION OF SUBJECT PROPERTY
2.1 Tenant shall vacate the Subject Property by no later than November 30, 2003.
2.2 On or before November 30, 2003, Tenant may remove items of personal property
and related fixtures at Tenant's own cost and expense, provided such removal will
not create a hazardous condition on the Subject Property.
SECTION THREE
RELOCATION OBLIGATION SATISFIED/WAIVER OF
CLAIMS/INDEMNIFICATION
3.1 Tenant expressly acknowledges that the obligations of EDA under this Agreement
shall fully satisfy EDA's obligation to provide relocation assistance as required
under applicable law. Tenant expressly waives any other claims against EDA (on
Tenant's behalf and on behalf of its successors or assigns) for reimbursement or
payment of any other item related to vacating the Subject Property and/or
relocation to another place of business.
3.2 Tenant shall indemnify and hold EDA harmless from and against any claim for
relocation benefits by any past or present occupant of the Subject Property.
o? 3a
SECTION FOUR
MISCELLANEOUS
4.1 The covenants, representations, warranties and indemnifications set forth herein
shall survive this transaction of this transaction.
4.2 Tenant and EDA represent to each other that no real estate brokers are involved in
this transaction and that no real estate commissions are owed as a result of this
Agreement. Tenant and EDA hereby indemnify each other for any claim, cost, or
damage related to any brokerage fee due because of this Agreement.
4.3 Any notice, demand, or request which may be permitted, required or desired to be
given in connection herewith shall be in writing and sent by certified mail, hand
delivery, overnight mail service such as Federal Express, or Western Union
telegram or other form of telegraphic communication, directed to Tenant or EDA
at the respective address of each. Any notice shall be deemed effective when
delivered to the party to whom it is directed.
4.4 Time shall be of the essence in this Agreement. Where any date or time
prescribed by this Agreement falls on a Saturday, Sunday or statutory holiday,
such date or time shall automatically be extended to the next normal business day.
4.5 Each party hereto shall promptly, on the request of the other party, have
acknowledged and delivered to the other party any and all further instruments and
assurances reasonably requested or appropriate to evidence or give effect to the
provisions of this Agreement.
4.6 This Agreement may not be changed, modified or rescinded, except by a written
agreement signed by both parties hereto.
4.7 If any party defaults under any of the terms hereof, the non-defaulting party shall
have the right to pursue any remedies available to the non-defaulting party at law
or in equity including specific performance, damages (including attorney's fees)
and the cancellation of this Agreement.
4.8 If any provision of this Agreement is declared void or unenforceable, such
provision shall be deemed severed from this Agreement, which shall otherwise
remain in full force and effect.
4.9 Failure of any party to exercise any right or option arising out of a breach of this
Agreement shall not be deemed a waiver of any right or option with respect to any
subsequent or different breach, or the continuance of any existing breach.
4.10 This Agreement shall inure to the benefit of and be binding upon the parties
hereto and their respective successors and assigns.
033
4.11 This Agreement shall be construed in accordance with the laws of the State of
Minnesota.
4.12 Tenant has had the opportunity to be represented by legal counsel in the
negotiation of this Agreement and fully understands EDA's obligation to provide
relocation assistance.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
EAGAN ECONOMIC DEVELOPMENT
AUTHORITY, a Minnesota municipal
corporation
By:
Pat Geagan
Its: President
By:
Thomas L. Hedges
Its: Executive Director
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 2003, by Pat Geagan and Thomas L. Hedges, respectively the President and
Executive Director of EAGAN ECONOMIC DEVELOPMENT AUTHORITY, a Minnesota
municipal corporation, on behalf of the municipal corporation.
Notary Public
a3
Valley Motorsports, Inc., a Minnesota corporation
By:
Its:
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2003, by , the of
Valley Motorsports, Inc., a Minnesota corporation, on behalf of the corporation.
Notary Public
~3~
EXHIBIT "A"
VALLEY MOTORSPORTS, INC.
Main Move
I 1 MEN % 3 VANS ! 2 SUPERVISORS
$450.00 AN HOUR X 7 HOURS $3,150.00
Packing and Unpacking 51,080.00
Tear down and reinstall Av bays of
Pallet racking $300.00
Transport Valley Motor Sports forklift $1.50.00
Total Bid $4,680.00
~3~
ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT
AGREEMENT is made and entered into as of May 1, 2003 by and between INTERSTATE
PARTNERS LLC, a Delaware limited liability company ("'Assignor"), and GRAND OAK CR
LLC, a Delaware limited liability company ("Assignee").
RECITALS:
A. Assignor, as Developer, and the City of Eagan, Minnesota, and the Eagan
Economic Development Authority, entered into that certain Amended and Restated Development
Agreement dated December 23, 2002 (the "Development Agreement"), with respect to Tax
Increment Financing District No. 2-4 and the real estate legally described on Exhibit A attached
thereto.
B. Assignor has formed Assignee for the purpose of acquiring and
developing the Property (as defined in the Development Agreement) and performing the
obligations of the Developer under the Development Agreement.
C. Assignor is the sole member and Manager of Assignee.
D. Assignor desires to assign all of Assignor's right, title and interest in, to
and under the Development Agreement to Assignee, and Assignee desires to accept such
assignment and to assume and agree to perform all obligations of Assignor under the
Development Agreement arising from and after the date hereof.
AGREEMENT:
NOW THEREFORE, in consideration of the sum of One Dollar and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Assignor and Assignee hereby agree as follows:
1. Assignor hereby transfers, assigns and conveys to Assignee, its successors
and assigns, from and after the date hereof, all of Assignor's right, title and interest in, to and
under the Development Agreement.
2. Assignee hereby accepts the assignment of Assignor's right, title and
interest in, to and under the Development Agreement, and hereby assumes all of the obligations
and liabilities of Assignor under the Development Agreement arising from and after the date
hereof and agrees, for the benefit of Assignor, to perform, observe, keep and comply with all the
terms, covenants, conditions, provisions and agreements contained in the Development
Agreement on the part of the Developer thereunder to be performed, observed, kept and
complied with from and after the date hereof.
03
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed and delivered as of the date stated above.
ASSIGNOR:
INTERSTATE PARTNERS LLC
By
Gregory S. Miller, President
ASSIGNEE:
GRAND OAK CR LLC
By Interstate Partners LLC, its Manager
By
Gregory S. Miller, President
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2003, by Gregory S. Miller, the President of Interstate Partners LLC, a Delaware
limited liability company, on behalf of the company.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2003, by Gregory S. Miller, the President of Interstate Partners LLC, a Delaware
limited liability company, the Manager of Grand Oak CR LLC, a Delaware limited liability
company, on behalf of the company.
Notary Public
-2-
o 3S
CONSENT OF CITY OF EAGAN, MINNESOTA AND EAGAN ECONOMIC
DEVELOPMENT AUTHORITY
The undersigned City of Eagan, Minnesota and Eagan Economic Development
Authority hereby consent to the execution and delivery of the foregoing Assignment and
Assumption of Development Agreement and the transactions contemplated thereby.
CITY OF EAGAN, MINNESOTA
By
Mayor
And By
City Clerk
EAGAN ECONOMIC DEVELOPMENT
AUTHORITY
By
President
And By
Executive Director
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2003, by and , the
Mayor and City Clerk, respectively, of the City of Eagan, Minnesota, a municipal corporation
under the laws of the State of Minnesota, on behalf of the corporation.
Notary Public
-3-
a39
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2003, by and , the
President and Executive Director, respectively, of the Eagan Economic Development Authority,
a body corporate and politic under the laws of the State of Minnesota, on behalf of the Authority.
Notary Public
This Instrument Was Drafted By:
Jay F. Cook
Dorsey & Whitney LLP
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402-1498
-4-
4852-2528-0512\1 10/2/2003 10:58 AM
91/0
ASSIGNMENT AND ASSUMPTION OF ACQUISITION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION OF ACQUISITION AGREEMENT
is made and entered into as of May 1, 2003 by and between INTERSTATE PARTNERS LLC, a
Delaware limited liability company ("Assignor"), and GRAND OAK CR LLC, a Delaware
limited liability company ("Assignee").
RECITALS:
A. Assignor and the Eagan Economic Development Authority entered into
that certain Acquisition Agreement dated December 23, 2002 (the "Acquisition Agreement"),
with respect to real estate legally depicted on Exhibit A attached thereto.
B. Assignor has formed Assignee for the purpose of acquiring and
developing the Property (as defined in the Acquisition Agreement) and performing the
obligations of Assignor under the Acquisition Agreement.
C. Assignor is the sole member and Manager of Assignee.
D. Assignor desires to assign all of Assignor's right, title and interest in, to
and under the Acquisition Agreement to Assignee, and Assignee desires to accept such
assignment and to assume and agree to perform all obligations of Assignor under the Acquisition
Agreement arising from and after the date hereof.
AGREEMENT:
NOW THEREFORE, in consideration of the sum of One Dollar and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Assignor and Assignee hereby agree as follows:
1. Assignor hereby transfers, assigns and conveys to Assignee, its successors
and assigns, from and after the date hereof, all of Assignor's right, title and interest in, to and
under the Acquisition Agreement.
2. Assignee hereby accepts the assignment of Assignor's right, title and
interest in, to and under the Acquisition Agreement, and hereby assumes all of the obligations
and liabilities of Assignor under the Acquisition Agreement arising from and after the date
hereof and agrees, for the benefit of Assignor, to perform, observe, keep and comply with all the
terms, covenants, conditions, provisions and agreements contained in the Acquisition Agreement
on the part of Assignor thereunder to be performed, observed, kept and complied with from and
after the date hereof.
4//
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed and delivered as of the date stated above.
ASSIGNOR:
INTERSTATE PARTNERS LLC
By
Gregory S. Miller, President
ASSIGNEE:
GRAND OAK CR LLC
By Interstate Partners LLC, its Manager
By
Gregory S. Miller, President
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2003, by Gregory S. Miller, the President of Interstate Partners LLC, a Delaware
limited liability company, on behalf of the company.
Notary Public
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2003, by Gregory S. Miller, the President of Interstate Partners LLC, a Delaware
limited liability company, the Manager of Grand Oak CR LLC, a Delaware limited liability
company, on behalf of the company.
Notary Public
-2-
a /C;L-
CONSENT OF CITY OF EAGAN, MINNESOTA AND EAGAN ECONOMIC
DEVELOPMENT AUTHORITY
The undersigned City of Eagan, Minnesota and Eagan Economic Development
Authority hereby consent to the execution and delivery of the foregoing Assignment and
Assumption of Acquisition Agreement and the transactions contemplated thereby.
CITY OF EAGAN, MINNESOTA
By
Mayor
And By
City Clerk
EAGAN ECONOMIC DEVELOPMENT
AUTHORITY
By
President
And By
Executive Director
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2003, by and , the Mayor and
City Clerk, respectively, of the City of Eagan, Minnesota, a municipal corporation under the laws
of the State of Minnesota, on behalf of the corporation.
Notary Public
-3-
a y.~
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2003, by and , the President
and Executive Director, respectively, of the Eagan Economic Development Authority, a body
corporate and politic under the laws of the State of Minnesota, on behalf of the authority.
Notary Public
This Instrument Was Drafted By:
Jay F. Cook
Dorsey & Whitney LLP
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402-1498
-4-
4820-7122-9440\1 10/2/2003 10:58 AM
a~~
Agenda Information Memo
October 7, 2003 Eagan City Council Meeting
A. RESOLUTION APPROVING PURCHASE AGREEMENT FOR CITY
ACQUISITION OF DARCOM PARTNERSHIP PROPERTY
LOCATED AT 2815 DODD ROAD AND APPROVING THE SALE OF
THE DARCOM PROPERTY TO INTERSTATE PARTNERS
LLC/GRAND OAK CR LLC IN ACCORDANCE WITH THE TERMS
OF THE AMENDED AND RESTATED DEVELOPMENT
AGREEMENT FOR TIF DISTRICT #24 DATED DECEMBER 23,
2002
ACTION TO BE CONSIDERED:
To approve or deny a resolution approving the purchase agreement for the Darcom
Partnership Property, 2815 Dodd Road, and related stipulations and relocation
agreements and approve sale of the Darcom Property to Interstate Partners LLC in
accordance with the terms of the Amended and Restated Development Agreement dated
December 23, 2002, related to redevelopment of the Northeast Eagan Redevelopment
District and the assignment of the associated Development Agreement and Acquisition
Agreement to Grand Oak CR LLC.
FACTS:
• The City of Eagan created Tax Increment District #24 for the purpose of
facilitating the redevelopment of a commercial-industrial area of northeast Eagan,
generally located in the vicinity of TH 149 and 55.
• To that end, the City also approved the Amended and Restated Development
Agreement dated December 23, 2002, providing for the acquisition of certain
properties contemplated to be acquired and redeveloped by Interstate Partners as
part of an overall business park development plan.
• At this time, the City has negotiated the acquisition of property owned by the
Darcom Partnership, which is located at 2815 Dodd Road. Staff is requesting
Council consideration of the approval of the purchase agreement for this property
and, upon closing, authorization of sale of the property to Interstate Partners.
• Interstate Partners has requested the assignment of its rights and responsibilities
relative to the acquisition and the development of the property to a related, newly
formed partnership, Grand Oak CR LLC.
• This action will also be considered by the Eagan Economic Development
Authority as a part of the Council's October 7, 2003 Agenda. If the EDA acts to
approve the purchase agreement, related documents and sale to Interstate Partners,
it will be in order for the Council to approve as well.
ATTACHMENTS:
• Included in EDA Agenda Packet.
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