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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 3 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 II 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. 8 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 a~ MAKE A DIFFERENCE DAY z ~ ~ W r ~ V v W ~ z ~ oa 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 a 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 . V~ Q I Y v wmamarsdrow WESCOrr RD. • 800 WESCOTT ROAD i ELREm R~ i cry I DIFFLEY ROAD DIFFLEY ROAD 4200 (OD. RD. 30) 1 4 r YYwruoE EI~nrAUy A U Proposed RI/N M. 7 / y Vacation Tl -OFF Rogo CLIFF ROAD 1 62 WMlwo ~ ; W tY j ~T 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 I i i i r a I AUD• S B NO 38 HARVEY ADD. 7'Iq(/N LUT to LOT to 010-40 13 ♦m" ♦ , 1 L6 al l7 11 -026-w ♦ 2 ♦ 6 Ci Q7Q~0 a L3 030 6 ) B 9 It L2 A Am-IN 3 ♦ . 4 1 Q `1 ~j\ _ ~OO 9G ♦ t 1 ♦ 2 k] 3 ♦ i ~T 8 8 ♦ 2Q Y CIR. - 0 3 ozo`LOT 3 0 = - , mo-a 2~ .6.y. ~ ♦ 3 c l ♦ 2 35 pOpp 1 POSES 1♦4 1-- 4 - 6- 4 ZT~CIHAPEL 8 ♦ ♦ 6 ♦ ♦ lou I TOWN ♦ S y LANE s 4 1♦ ~6~ 12. 13- 8- ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ CHAPEL LANE ♦ u - 10- 9 ~ t1 12 13 14 15 16 v0 00 17 18 19 20 1 2A 7 ♦ A8 ' 13♦ i i 3 6 ♦ 1 9A 12 ♦ QP¢ e~ • 4 ♦5 ♦ l0 11 ♦ o ~J 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 f~ NEIGHBORHOOD MEETING SELMARK/HARVEY/BURRVIEW ACRES ADDNS PROJECT 764R TUESDAY, SEPTEMBER 30, 2003 - 6:30 P.M. NAME ADDRESS 51L S~0- C.r,,..e CrePk~ Lk,? FCA C^r.~IRn1V I Z I 2. 3. 33a; 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G: FORMS/SIGN-IN.Sheet ill 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) ~.:2R'F"~"~'°"-"'--'°~^`~..TYE~RS#-3:~.^.<l+::Sf..••~;.•:al:^:a~ic%. Lf:S~R.^' txI:.L142Ui J3YSGY~TS'C:-lci!'.«T~S+itTYAf/.:.... . - 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 PAPCN5 / J • 1..1 V anoa a Ufll, V.a y I 3575 SCALE: 1'=400 FT. 5 2 357 BLUE JAY WAY 7 3 3 3583 3551 2 3 5 1 1 5 1 3545 GOLF COURSE CARRIAGE V j DUCKWOOD DRIVE HILLS GOLF > 3535 COURSE a 1 -1 1 1 1 1 10 1 03 .fJ 1 360 9 1 { 3 - 2 l 6 ~ 1 1 z " O 19 5 -4 ~ t8 1 ' 11 13 11 l0 1 1 1 5 I- 16 677 6 20 1 3 27 28 >e z 3 X 1 t8 16 ' LEGEND W J 37 9 1 7 $ 381.25 / LOT ASSESSMENT } 8 2 657 M 6 63 ® $ 170.72 / UNIT ASSESSMENT 1 367 2 13 4 $586.52 ASSESSMENT } 4 1 3 1 716 1 ASSESSMENT LIMITS to 1 7 1 1 6e , 1 9 3 72 19 f♦ MILL & OVERLAY IMPROVEMENTS }6 70 27 3 9 3 J 59 12 1 1 6 13 3 7 2 2 :I 9 o 14 1 8 76 ;n O c :S I 4 3 7 8 9 U :6 6 4 CAiiDAAL 'NAY 7 6 U 90 ? 9 ~ • 7 13 96 4 I 0 69 1 i 10/31/02 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 i i .i lu may' Ull I; i11 i ~ I,S& - + UU piil_I1T 4 3 2 . 1A 1 A s NERD GE in ZAAKp pNkkD' • ° rnn, u, n BRAUN CT - 10 2 i A 3 a 7 , cnjn_ni r 1 C3 5 v EXEL HEIGHTS Q ' • 1 4~<v . 3 R~SO - N z N Cr A z , A ~ - - S ~ ®4Q4? - z 1 z a. A 3 Z1 54~ S'e~2 3 A - 1 WESCOTT RD. 10/03/03 Q Foosability2003/876_I)rexel/Fig2_ASSESS 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 - ie m a5 0 eMM3 10 46 a ® Sub act Site i IY ® ® ® ® ''v r : a a3 e F G ® a e g ~ 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 . - - 77 3i r r,•.'r~ awr ~-lam - - - , ""~L-~~/~'t'-.,~~%%1l1' c ci! -~a~ r. r6 r=---- - - _ - --J - ~~"r~~"~,'F~'''~` ,-,„tea. ^~x ~d,"~+" , .a , . _ _ - - - - _ ------.ifs _ . Q-Z 110 i ooooo, n ~~3 ai5 ur r+a k ~R4 -x,5'" lzm r > arc Tip ~ to -C ~4t_. ~ ~7" .i• `tit ~ j s X • " Y y . 41* 4~~~ ---y--I--- -2 L -4 1 i • i l ~ 1 I ~ j~ i ~ i 20, '2 _ i! ! i I I j ? ! i! i i 1 J I! i i I i j i l l ( + I ~ f l I I I I I I ' i ~ I 1 i I ! I I i ~ I j i i + I J ' I p ~ ' t ! I i I i i ' I ; I i ~ i ' I ! i i ! I 1 i i I 1 ~ I I ! I ~ ! r ~ i ~ II I i i I i i I I Xj40i ! I i ~ I I I 1 ! / ~1~ I I i ! I i i I 3 I i 1 i , I op -VAl I •oQ~ i 1 i r~ i I ~ I, -_T 1 I I ! I I I 1 i i ~ ~ I 1 , I I I I i I ~ j I i I I _ i I 1 i I i I ' j I I I i 1 I I 1 I - y G ' j N,-1 S U 2001 1 t ! I-i T--i I I I i I 08/26/03 TUE 11:29 FAX Q003 !,j j ! L~ ? iI tII I_i._ I_I i .±J_.~_ ~ _ _ ' 1 I ' -i I I~ I I_I_I _ I I -I ' I I I I ~•i-J-! _ 1 i ? I I. i ' ~L I ~ I. I I I ~ ! ~ ~ ' T~ • i ' I . 'A I I I 1 I~ s I 11 I I L.I ~ I I I t ! I j I I_f 1 i I ! i I--1!.I.ItIlllll!-i i . ~rT_1 _ I I I I I I 71j j I' i I-11^ i i 11,;1 i 1 t i - _ III!!? ! I I I' ~i _ I I-~A' Yi4 !-I J • 1 I l i _ ~ I! I ! . I I i I J I- I_ I 1 I f 1 . 11 - ! i i + I ~ I I I i~ M tl V ' II _ I I_ II i U I ' ? ~ I • ~ I! I ~ ' - -1i I'.i.~i-'- Il ; - 111 I 08/15/03 FRI 07:30 FAX 0 007 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 91 0 i \ ; o ae ® 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 O~ ~ O O O O tt W 35. 9~ S .4- O -74 .01 1C)() '0956, 3 33' 38.33 0- 00 14 9~~ N 4.61 0 23 33 0 0 \ Serv,. , 3s-- (o A 3 0 .96 Nn l 365a 93fP•to 9a5'g o+ r' 0 35.24 s J 23 5 p O 935.9 o~ g16.D • ~ 9 3'7.99 ELEe.. OQ N 83,33 TCL6. \ r~. j8.11 0 10000 " W 0 9 3p.7~1 S 1 4a 4~' 00 PROPOSED HOUSE ELEVATION 900.0 Denotes Existing Elevation Basement Elevation:~3o.00 . 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 -a-- Denotes Offset Hub Bearings shown are assumed LOT 11 IF BLOCK -4 OAK CLIFF POND DAKOTA COUNTY. MINNESOTA 1 hereby certify that this survey, plan or report es prepared by me or under my direct sup~9r7vtalon and that I em duly Registered Land Surveyor under the laws of the State of Minnesota. Dated this _day of A.D. 191 . r-O rC- S a I e. 1 if1Cf1 - / L O lw ROBERI B. SIKICH L. A. G. 110. 14891 I25~1 90146.231 1 a_.~.+.s,.~s.... • Y.11(IN 1Y113N]7 i'i11YL:M1'NIIN]YA]'f!'Wrl! ~ ------rrr....u 1 O_ -rWylNNIW'Nr~~r] C y:fNU INNImd]ta uo v ~ z = h d1Y! N]MlllY ~LN i'tlN 'WYY Yll1iNYYD "f ltl1YJ y~OLf NIIWNYY IIJWNM]!Y-ti1N~1 f•.iwlmvia N°LL)~INLYNI):] 6 < i i ACI qV ~ i.~b fill 1 f 1.9 117 119 SSW 19 9 V- 1, i I! 7Y i~»m~ o S ~ 1g q! gds n ~ sx $ loll a gi v 23111 t '14--11 p6 n93~ utly"'r Y. 69 S'~e; r 3 M- 'Y I`&@E 8g E +1 Sq ' Y k3tc 2se§ga 3€& 5::: 3 S ?$a k 8 EG ~ b$>~d II B O qY c~ A E ~ 0 Z . if1I 331 26111 E?OR BpYS 47 { ~ ' g Rol F~I 3 0 `1. t r L1 1~W 1. o ~ r7 1 ;-47 ^ LUj u. ; " Q-I u: II, I~ I I I ~ J I I I.. _Ila \ L 1 ITf M, U _ 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 m m + r m 4 'm m m +m `1, . m . +G +B +B m ,I(m @ m cs @ m m , m mfg @ m m m m .m m m m m m m m i s @"^ m., r@ B@ cm__.: =~d• m m ~\tm m + m+ O ' O + Bj:! 4'O + m + m 14f m ~T~"'-^Y'm"--i"OTC m m t @ +59:~ + m + m" `+~9 + B, fO +@:~1 tm +m t m +B t m +@ +m +m +@ ~@ +m , 8~~~= m @ m%I m B m m m m m m g ~m~ M m {B +@~ Ym }m +m fm +m tB t@ +m im+r + m~ +m' ±m +''s +o` +a}s +m +~ew`5+o( tm +Mr et N et @ mi , ® 1 y C N N(r I e~tf c~!", .5~ + m + + - t 1 + A; t @ { Sri + + T tel. to F1 it o @ ~TJ r .V~- rN nM ~ p I! r~ ~ "I 1 14 ~0 t, . O w O {n 4•jYj ~ I f. m+ a ~ er 'a; 13.p0. J + N + NI .4 .•1 pays + m } ' t + • + n9 Kf O r e m F 1 d~ii y , co m - arl m 0 c - S~ c M . to I G + t 4 yt ~ 'm a Ct + M 1} + m fit~? . 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LARSON 'm~''•'''"'~~ COMPANY f<Y~v•q,N~a37.N Dim ft (763) 52S-OU TO MR GREGG TIM atwAS•ow6ftrd ccl1_(612)36@4410 TIMM AND ASSOCIATES El=CW PU ft aWAC (763)3654717 y (300)292-7970 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 WITH ACCESSORY TFMUV UPPER VISOR. THIS FIXTURE IS ROOF MOUNTED 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. x .;0 ( PROPOSED SLEW r a INNr P► a •,t' 0 a 0 2 (4) STORIES !0 104 TOM ROOMS 10,389 !W:. t X . ~•6 +y 1 00 , • ~J• i G % • 2.04o S5 rrIz Mail 0~~.3 Al x. .a } > t F, Q Y i i Ea~tS r r`. E i fit _ 7 B Soh ~ ~ J ~~Y~ ~ ` N tsE 1 T 9 s s c i 's1 : t I h, r .ono s e► i SY E-P.o F~ yi S VM. • J a a a it ~~8 a= ~ r~g~'$E7_~~Y~'~E 8 1% Y pill IN u 40' yell y I 7 y ji I{ d~!/S~ 6 I I ' ~~i~t~il Eh = 1 I t ~ ~ I ~ `'~ro~ d.oJ : till b pq I I W` i gg°t ilk zo ° ~`s LijJ z p E' s 4~ I fVAA 88.46 lits: •111- W IAO P SITE PLAN NHId 3dVOSaNdI a3SOdOad Q a H l /t Ilk- itt m~ cw~",o o,=voyv-n:fl~~-v~ ~ lp t /it n, fine s4ate i fl -0: N V N V~ f.: N V N V s p P N J G V ~ w Aar;~azg; gig€sFF r- z _ o ~ ~ EfiF 1 v °G ~ ~ R t ~ ~2 v v If r m El a C1 ~<t 3 EF1 ~ 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 \ j Street Centerline Location Map Parcel Area Building Footprint ®a ~ M3 D y ® / r18ea 1 t / 26 I ® d e ~ s it . p cm ® i ; TEN q% A ® ' t Sub'ect Site S a 1 r ~ k 7 '1 fil 1000 0 1000 2000 Feet DevelopmentlDevelopere Popler Homesteads #2-Michael Tierney Application: Waiver of Subdiv' n Case No.: 10-WA-03-08-03 Map Prepared using ERSI ArcMew 3.1. Parcel base map data provided N by Dakon County Office of GIS and is current as of June 2003. 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. Current Zoning and Comprehensive Guide Plan Michael Tierney Land Use Map Waiver of Plat R. I-1 Zoning Map ~v R-1 Ind I-, I7 17 RD Location No D A PF R. Current Zoning: PD R PD PD y PD ~ PD R-1 P t9.~ ~s Single Family Residential IF PD R., 1't RD b7 BF I-7 R-] R4 PD RA F PO BP R~ FD , 800 0 Bob 7200 Het t I~f~ IND Comprehensive Guide Plan sP Land Use Map IND LD RC aF ND Location RC . LO oc lF BF D ac # Current Land Use Designation: aD RO DP O i tD LD Low Density aA SP IND ND IND {A EA aA 6A Y t 600 0 600 7200 Feel Q Pareel base 1„a dormaflon proWdedb OYRty Land survey Departme,t June 2001. N oR malntalmd byClty staff City of Eagan W E Z . THIS MAP IS INTENDED FOR REFERENCE USE ONLY Community Development Department The City of Eagan and Dakota County do not guarantee the accuracy of this information. S ~ ~i ~ I 'lid 1 • ' CJ 7 i 94 ~_7E.NP9RARY SEW. Q = j / EA9E.ifEN~' PCB? V _ v \ QAC MO. 178234 --PROPOSED SM! S • - h \ v ERSEMENr ro _ - - - _ - I \ GRANTED BY c~ t~ t I s'EPA,PATE DOC. CL I \ \ TS'EE NOTE Z) lk V Q O ~ EX/ST/NC { \ I- ~J ~ ~ ,P/Alc'CEK B .3' GVIRAGE i INJ cry \ \ EXISTING V ~ ~ ~ MOUSE I h EXISTING P \ I I ;0 30 da 2 g~ I IZ^ Z' NORTH PARCEL I W I ~ Oro e qe 1 Story Stucco I Shed to be - sed 50~' #3045 Porch I n , removed I o Eo r'~1 Q JQ~~ a I O I E 7.9 I N : W r '14: 10 30 30 L, ftw.2 j 74 GrQVeI Drive 0`t 10. M " b. C? Edge of Grovel 1 ..57~'SSr ~r rL ~a' \ / N 10 6.3 South of Lines ~9 LO - - 119.18 _ V3 - \ 2~ \ 110 N89*42'42 E -770 Drainage and Utility Easement 6 (per plot, to be vacated) -Curb tV I I ~ t \ ~s~ J~sB SOUTH PARCEL ^ DraincgP and l!tility Easement \ T o (per plot) 10 ` I 2 Fin 2.5 rn S6,5211. Edge of a, L 2.5 ~c.,,- O 2 Fine Io 2.1 ScirvveV Line 12.5 `~R I ~A 're \ ? RSIB. I e 4 Tree X50 Wees st of Line NW 32 PROPOSED - Ro. 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 Eagan Boundary Location Map Parcel Area Building Footprint 1 ' /e 7~ 3 y~ y 51' ® ® f ~F MEN ® Sub Oct Site F, O ~ m ~m O ~ • - f 99 LL L-j t0D0 0 7000 2000 Feet Development/Developer. Trinity Lone Oak Church Application: Conditional Use Pe asses' Case No.: 02-CU-11-08-03 71/~ Map Prepared using ERSI AreVlew 3.1. Parcel base amp data provided N / by Dakota County OIOee of GIS and Is current as of June 2003. / ~ THIS MAP IS INTENDED FOR REFERENCE USE ONLY W 41 E city of eagan The City of Eagan and Dakota County do not guararRee the accuracy of this information and are S eanaweny Devetopmad Dapartrrmat not responsible for errors or omissions. O church parcel fine Cemetery •O~ n~ 7 School Ghurc~' Proposed General Sign Location (10' from Property Line) Parking Area Existing Sign a 0 62.5 125 25 Peet Trinity Lone Oak Lutheran Church Proposed Sign Location Area Map N v (~p _S~ z 0 F- - a w z c J 0 o = I ~ o Z J ~ = I W W z i a 1 ~ . ~ r , T 0 1 ~ l O .9 i LL Q i LL i C _ C O V 1 w~ o~ w~ o ENO r~ ~ f O 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 Eagan Boundary Lo cation Map - - Street Centerline Parcel Area Building Footprint ilMendota Eteigfiff-- w I j 0 z J~ ~ ~ II Sub'ect Site c~ S4 s" ~'s~ ....y-...•...-.• ~ aI y 7V f $ I'I i yy r ~a1' ' S t ~3. r _ K tom- \ as 5 g `~iyy 4 yye 33 1 ~ I r 9 - 'oc , o / n _ •i -'4 ai 1 ~~1 1t ! ~ 4e~ S7 1000 0 1000 2000 Feet Development/Developer. Dunwiddie Architecture Application: Conditional Use Per/k Case No.: 02-CU-12-08-03 M ap Prepared using ERSI ArcVbw 7.1. Parcel base map data provided N by Dakota County Office of GIS and Is current as oc Jum 2007. / 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 ComrnaNt D...te meet D. S y p partment not responsible for errors or omissions. j 1 p ill d any ` ; \ W \ O J m J \ w R' / W Z CL CL dp6 f Z / CE K w / ~ Y Z / Y q \ / a Y 4 a W LL: \ g ~r Sdm \ Cn m qL 0 N040. _ \ i i A ` .F da j ~ O e ~ Ri i~',~ ~ t spy s dos c 9 9 6~ Hill a ~ ~ A Z Q 0- € s t~~~uu O 1 u E R ti f ~p z =Lv , k I~ ~ b G- 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 ~ Eagan Boundary Street Centerline O Parcel Area Location Map Building Footprint I I I ! Mendota! be' I VIA GP ` Subject Site till ~4 I % ® ® I o - q l-1 ~ _ • nr w a3 m a I 1 LJ \ 12-7 I[ fi 1000 0 1000 2000 Feel 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. 1s 0