4325 Nicols Rd
Lf.AGUE of CONNECTING & INNOVATING
MINNESOTA SINC11 1913
CITIES
February 25, 2010
Herb do Helen Adelman
4325 Nicols Rd.
Eagan, MN 55122-1912
RE: LMCTT FILE NO.: 11071224
T'RUS'T MEMT3ER: City of Eagan
CLAIMANT: Herb & Helen Adelman
D/OCCURRENCE: 12/24/09
Dear Mr. & Mrs. Adelman-
The League of Minnesota Cities Insurance Trust (L.MCIT) provides coverage to our trust timber, the city of
Ewan. I've finished my investigation regarding the damage to your fence that ocvxTe 3 on or about the above
state date. I've analyzed the details of this occurrence and found that the city of Eagan is not responsibIc for the
damages that resulted.
The city of Eagan has a Snow and lee Control Policy. The policy states that damage to property locaw within ~
the public right-of-way is the responsibility of the property owner, including, but rout limited to, traes, sluff,
bushm, landscaping materials, decorative rock, and lawnfl ping irrigation .
The public right-of-wry extends approximately 26' beyond the curb location now your property on Nivols Rd..
Your fence is located roughly 18' beyond the curb. The intent of the right-of-way is to provide room for snow
storage and retnoval, drainage, utilities, sidewalks, and other city and public uses.
We regret we cannot provide you with a more favorable resolution to your claims. If you have atiy gs~tions,
please contact sae at 651-215.4078.
Sincerely,
Derek Krause
Claims Adjuster
cc: Maria Peterson, City of Eagan
Brian Pulczinski, LMCIT
Arthur Gallagher Risk Management Services, Inc.
LEAGUE OF MINNESOTA CITIES
INSURANCE TRUST 14$ urriv[NSITTAv& WIST nt<akta (651) 281-120 sdx; (651) 231-1297
ctAUAS DEPAATMU4T ST PAUL mint sates-mow TOLL tU ( 925-11n MW WWWWCONG
i
i
March 20, 2010
Mice Maguire
Mayor of Eagan
City of Eagan
3830 Fit Knob Road
Eagan, MN 55122
f
Do Mr. Mike Maguire:
I am a tkmis resident of Eagan. I have lived in Eagan for over 60 years, have paki
taxes on the property that I own for 50 years with additional road, sew and
water
i work to niairitain my property aid stay withirt property guidelnes as the city has
assessments.
grown and changed. I have a passion for gardening and working with wed.
I am writing you to express my great disappointment in resolution to damage that 0CMATed
at my residence In December. I have a wood privacy fence that Is locMt*Wd a me~tst.. 18
beyond the curb on Nice Road. To the best of my knowledge the fence mests all city
requirements. The fence was well built and I have mniaintained . the the Christmas
snowy storm a few posts that hold sections of the fence in place were snapped off at the ground
du
decision e to snow being the League thrown from the street Cities I am di nod, frustrated and dghWwway hed on from of Minnesota Insurance Trust stating that the to the
my
property 26 feet and the damage to my fence is net the responsibility of Eagan. The decision
of 26' seems to be extreme and a decision of convervence. On further review I fail to 08* W
any reference to the Snowy and Ice Control Policy regard fences referenced by LMCIT. in
addition, Itiere is no guidance extreme right-opway to fence rec~ir~n s in C y
literature or on the City website. I`m nearly 80 yews old. I am requesting ' that the fence posts
be replaoed for me by the City of Eagan, or even a City volunteer group. I could the W help
to reattach the fence appear sections that to be in good condition. As a follow up I would like to
suggest that the City of Eagan provide more visible guidance to the pubbe ngh ay pOky for
fences. Thank you for your consideration of this request
Sincxer~ely,
i
y
Heart A deimann
4325 Nicois Road
Eagan, MN 55122
Phone: 651-454-4627
LMCIT File No 11071224
l
CC: Maria Pe , City of Eagan
Derek , Cans A*Mw , LMCIT
ADMINISTRATION
Torn Colbert, Public Works Lori Peterson, Human Rewur.
Jim McDonald, Police Mira Pepper, Administrative -Scc&44ry
Mike Scott, Fire Joanna Foote, Comm. C oordiwt '
Juli Johnson, Parks and Rec. Kristi Peterson, IT
Gene Va.nOverbeke, Adm. Serv. Dianne Miller, Assistant to City ~.z
Tam Garrison, Comm.. Director
Mike Dougherty, City Attorney
Jon Hohenstein, Com. Dev. Dir.
Tom Pepper, Finance
Action Requested: Dom. ,
OReview and see me
DRevietw and comment
OPrepare reply for signature
OFor your informnation
❑File
ODistribute
OOther. Oka
Notes:
0" ,
t
VA" C
jA0
8 13 a,
t ' OPlease submit copy of action/response and retu is this foams; to me. vAA*
OPlease notify me by returning this when complete.
form
REQUESTED COMPLETION DATE:
Ve"
March 20, 2010
Mike Maguire
Mayor of Eagan
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Dear Mr. Mike Maguire:
1 am a long time resident of Eagan. I have lived in Eagan for over 60 years, and have paid
taxes on the property that I own for 50 years with additional road, sewer and water
assessments. I work to maintain my property and stay within property guidelines as the city has
grown and changed. I have a passion for gardening and working with wood.
I am writing you to express my great disappointment in the resolution to damage that occurred
at my residence in December. I have a wood privacy fence that is located approximately 18 feet
beyond the curb on Nicols Road. To the best of my knowledge the fence meets all city
requirements. The fence was well built and I have maintained the fence. During the Christmas
snow storm a few posts that hold sections of the fence in place were snapped off at the ground
due to snow being thrown from the street. I am disappointed, frustrated and astonished on the
decision from the League of Minnesota Cities Insurance Trust stating that the right-of-way to my
property is 26 feet and the damage to my fence is not the responsibility of Eagan. The decision
of 26' seems to be extreme and a decision of convenience. On further review I fail to easily find
any reference to the Snow and Ice Control Policy regarding fences referenced by LMCIT. In
addition, there is no guidance stating this extreme right-of-way to fence requirements in City
literature or on the City website. I'm nearly 80 years old. I am requesting that the fence posts
be replaced for me by the City of Eagan, or even a City volunteer group. I could then find help
to reattach the fence sections that appear to be in good condition. As a follow up 1 would like to
suggest that the City of Eagan provide more visible guidance to the public right-of-way policy for
fences. Thank you for your consideration of this request.
Sincerely,
Herbert Adelmann
4325 Nicols Road
Eagan, MN 55122
Phone: 651-454-4627
LMCIT File No 11071224
cc: Maria Peterson, City of Eagan
Derek Krause, Claims Adjuster, LMCIT
INSPECTION RECORD
CITY OF EAGAN PERMIT TYPE:
0 Pilot Knob Road Permit Number:
Eagan, Minnesota 55122-1897 Date Issued:
(612) 681-4675
SITE ADDRESS: , ;;, , } APPLICANT:
, , . :I •? u0 ,
;,1 t, I 1 014 4 b t.' 1 1 11. bqb
PERMIT SUBTYPE:
TYPE OF WORK:
. , . ,;
f3?rar
r IKr- oamA:,r )
INSPECTION D. . .•
RFMARK S c A:?,fPARqTF PI`KMTT i% 14f.EIiIIFF(? f4R pN\' 1'lllNFil.Nti (7I2 F. I r:r.10ic:nI 1•lOkM
7
I
Permit No. Pormit Holdar Data Telephone A
ELECTRIC
PLUMBING
HVAC
InspecUon Dste inap. Commenta
FOOTINGS
FOUND
FRAMING
ROOFING
HOUGH
PLUMBING
PLBG
AIR TEST
HOUGH
HEATIN(i
GAS SVC
TEST
INSUL
GYP BOARD
FIREPLACE
FIREPLACE
AIFi TEST
FINAL PLBG
FINAL HTG
ORSAT
TEST
BLDG FINAL
BSMT R.I.
BSMT FINAL
DECK FTa
DECK FlNAL
CITY OF EAGAN Remarks ?' ` ' ?`( "--• /? , /
Additio'nlSection 30 Lot Rik Parcel 10 03000 010 29
Owner :.aQLj. l,q {; ,-Street _4325 Ced2r AYe. State Eagan,rN 55122
Improvement Date Amount Annual Years Payment Receipt Date
STREET SURF,
STREET RESTOR.
GRADING
SAN SEW TRUNK 17- 1968. 217,00 7.23 - 30
SEWER LATERAI
WATERMAIN
WATER LATERAL
WATER AREA 2" ?
STDRM SEW TRK 0 1979 1755.47 87.77 ZQ
STORM SEW LAT
CURB & GUl-fER
SIDEWALK
STREET LIGHT
WATER CONN.
13UILDING PER.
SAC
PARK
EAGe4N '1'O SI-1 I P N9 269
t ILD9I?BG PERMIT
Ownex Address xesenY) ....._ .???:G..... ?..?.?._.??..(..--._.
. ........? . . ?
Builder ._ . ... ........ ..-4--- -..??' 4-??? . .
Address .. .......-----...... ------ --._--s--c.crcl
?
DESCRIPTION
Eagan Township
Town Hall
Dai?f (l f / ??.
/
5lories To Be Used For Fron1 Depih Heighl Esf. Cos! Permi! Fee - - Remarks
LOCATION
This permit does not aufhorise the use o sireels, road?elleys or sidewalks nar does it give the ow? or his agent
the righi !o creale eny sifuaiion which is a isance ox whieh presenls a hazard !o the health, safeiy, convenience and
general welfare So anyone in the eommunify. ;
THIS PERMIT MUST Bp?`?qET 'T/p? ISE WFiILE THE WORK IS IN PAOGR? .
This is fo cerfify, ihaf.<L4....?.?...?....haspermiasion !o .... .......upon
the ve de " ed i•s io the psovisions of the Building Ordinance for Eagan Tow adopied April 11,
1955. /- A j/ ?/ ...... Per ...___.._.........__........_...............................................................
airman of "' - oY Svilding Iaspecfor
( Ch T
EAGAN TOWNSHIP
BUILDING PERMIT
Ownex ........ -- .-.. .... .-.-. A ---/--D--------? _ . ..--'---""-------....
Address (preseni) ....?1,.?..ti..3_??........ LrC----?-!!?S.t......--.!.--5---c...
Builder ...---? ............ .-
Address _..........- ......................
N° 1171
Eagan Township
Town Hall
Date ....°??.?l...?iY"--'--'-'-"-'--'
Siories To Se Used For Fronf Depih Heighf Esf. Cosf Permii Fee -- Remarks
JF
.?a?
ij ?- w
U - - LOCATION
$Yreef, Road or other Descxipiion of Locafion Lof Block Addition or Trae2 --
?-6 C3°/ '?S2-C."n o)3 36
Thia pexmit does not au2horise the use of slreels, roeds, alleps or sidewalks nor does ii give the owner or his agen!
the zight to areaSe any siiuafion which is a nuisance or whieh presenls a hazard So the healih, safefy, convenience and
general welfare !o enyone in the communily.
THIS PERMIT MIIST BE/ yK?EPT ON TFiE PAEMISE WHILE THE WORK IS IN PROGRESS.
. ....................
This ia fo ceriify, ihaf... ./i tj .. .. . ....................................-------- has Permission !o esect a._..._.._'_. .......... .."':" upon
the above deseribed pxemise subjeef !o the provisions of the Bui!ding Ordinanee for E n Towns ip adopfed April 11,
1955.
----- Per ....... .-------......-c_....U.^.....`.?-"'w? ?.
...................f ---'-.......
halrman ofTnwn Soard ? Building Inspeclor ? ?6
/v 030? o16 -z-7
PERPSIT NO.: 363
The Village of Eagan hereby grants to Del Air Conditioning
o£ 9860 James Circle. Mpls. 55431
a A1r Coaditioning
VILLAGE OF EAGAN
3795 Pilot Knob Road
Eagan, Niinnesota 55122
Permit for: (Owner) HBrb Adglma°II
at 4325 Cedar Anenue 5outh ? pursuant to application dated 6/5/73
Fee Paid: $5.:0_ dated this 13th day.o£ Ju°e , 19 73
Mechanical Permits:
Building Inspector
f3i.d Total:
i I?t(? 7? s REQUEST FOR ELECTRICAL INSPECTIOItl EgOO??'O?
' See iiotruetims for eompleting [his ircm m back of yellow coOY-
0721 "x" BeJow Work Covered by Thss Request ?1 d J ?
NMlAddl Reo.l Tvoe oT BuiMiaa 1 Aooliemas VirW . 1 EQUipment Wfred I
Water Heater
Farm
a Fee ServieeEntranceSize u Fee Faea..sis.etaea e:.oo:t:
td .? 0 tu 200 A s- 0 to 30 q 0 to 30
A6ov200 qm 31 to 100
; n 37 to tOQ AuWs
Swimmin Pool Above 10
t A6ove 100_A?
Transformers In Partial.'Other Fce
L I LS'gis iSpecial Inspection $ ?l? l
Re?,ks /I? / I __ I ?.? TOT/1L /
/1 7 i O RouOh-in • loved
Dai
? ?
. ths Eleehi?l
I ?
'' I?oecior. M1ereW
ih naa the aEo
Final ?te?
? irmpectiunbsbaen
'
lpp Ippuest vd018 mon[le f mm
This r2puest vuid (?
( ?? ? \I \ ? I G
18 rmn `? Y d" ?5
t ?1 Ll Ra°1 A?P,* o3030 ab .oo
Nequest ?a?e Fire No. RouAh-in Inspection
Nepu red?
ReaW Now QWill Notify Insnec-
K
?'J
?- ? d-- O J` ?Yes ?NO lor tlM?en RraJY
? Licensed Elec[ncai Contractor 1 hemby request inspaction ot above
? Owner elecviral wmk inwtalled at
Street Adtlress, Box or Route No. Citv
,/1 1
e1 ?VJ Cd/S ?'pqd
fJ J /
L4 4+.
ecbon Township Name m No. Range No. Comty -
Occupant (PRINT) Phore No,
? nn l.al
Power Supplier Address
OCro ??m„ ?n.,
Elec4ical Conhactor ICOmpany Namel Conhacto?'s License No.
0oPRrGaN z-<EcrRlc. Co-„P?onJY .
Mailinp Address ICanhactor or Owner Making Imtailationl
/0 O. &x y 75 ifoSEmov.,) r,rn'/ ?Soh&
AUtho i ed SipnatureICo Vac[or Owner Making Installalion) ?one Noniber
' va3- tr3i
' YIpNE30TA STATE'BOApp OF ELECTI11Gly ? V THIS INSPECTION IIEQUESf pllL NOT
Grigps-MidweY Bldg. - Ibom N-191 l 1 BE ACGEPIED B?' THE STA7E BOAiiD
1821 Univnrsiq Ave., St. Paul, YN 55106 ? I,NlFS3 PROPFA IMSfEGTIpM FEE L4
PMre 16121 297Z!111 ENCL0.5EO.
?-----------------
i
? Permit#:
? Permit Fee:
? Date Received:
I ? ? I
? Staff: I
I
2008 RESIDENTIAL BUILDING PERMIT APPLICATION
Date: (//3U/6 K Site Address: , 13 R4'
Tenant:
Suite #:
RESIDENT/ OWNER Name: +? Phone: ?1-z1SV-7L? 7
Address/City/Zip: yzaS /01C,D/s PC% i cq'Q't"
Applicant is: q?_0 Owner X Contractor
TYPE OF WORK Description of work: Tlea'l0^r?' Q V'croc'yc
? D
Construction Cost: S(D0n ? Multi-Family Building: (Yes _/ No 10
CONTRACTOR Name: LJOY10l00SS ('nCA ? License#:
Address:
City: 0-e?-f'cx State: k )tJ Zip: S 7U? ?-
l
Ph
J??J??? C
P
one:
erson:
O
ontact
COMPLETE THIS AREA ONLY IF CONSTRUCTING A NEW BUILDING
Minnesota Rules 7670 Cateoory 1 Minnesota Rules 7672
Energy Code . Residential Ventilation Category 1 Worksheet . New Energy Code Worksheet
Cdt@gOnl Submitted Submitted
submission type) • Energy Envelope Calculations Submitted
In the last 72 months, has the City of Eagan issued a permit for a similar plan based on a master plan?
_Yes _No If yes, date and address of master plan:
Licensed Plumber: Phone:
Mechanical Contrector: Phone:
Sewer & Water Contractor: Phone:
NOTE Plans and
sypporting docume
fs thai you submrt are considered? to-be public iri(ormatio?i;VPortions'of :`-
{
r?
erinit the Ci{y to
the rnforinat?on may be classrfied as
ro;vrde specific reasons ttiat w`oultl
o
4l
if y
u
p
; t
n pu
ic
o
p
n
,r?,I3?cariciutletha`tthe areiradesecnets.
I hereby acknowledge that this information is complete and accurate; that the work will be in conformance with the ordinances and codes of the City of
Eagan; that I understand this is not a pertnit, but only an application for a permit, and work is not to start without a permit; that the work will be in
acwrdance with the approved plan in the case of work which requires a review and approval of plans. ?
'/
x{ d?IGrC x
Applicant's Printed N me ApplicanYs Signature
Page 1 of 3
qt?? `-
?[qbl
RESIDENTIAL
BUILDING PERMIT APPLICATION
CITY OF EAGAN
3830 PILOT KNOB RD, EAGAN MN 55122
651-681-4675
New Construdion Reauiremeirts
• 3 registered site surveys showing sq. tt. W bt, sq. ft. of hause; aM a0 roofed areas
(20% maximum Wt coverage allowed)
• 2 wpies o1 plan showirg beam 8 window s¢es; poured found design, etc.)
• 1 sel of Energy CakulaUons
• 3 copies of Tree Preservation Poan if lot platted after 711193
• Rim Joirt Oetail Opllons sdection sheet (bldgs with 3 or less uniGs)
DATE _
SITE ARD?(R?Ey'
TYPE QF'WC
APPLICANT
- c./- a z,
?
MULTI-FAMILY BLDG _Y ?TI
_ FIREPLACE(S) _ 0 _ 1 _ 2
STREET ADDRESS CITY.
TELEPHONE #Q$L'??) ?'I.rS1 CELL PHONE #
f zs ? Z<?-
JL(A-STATE,IIA) ZIP..iX?33 7
FAX #?7-?_bND
PROPERTYOWNER 1?rb 1,11916kl TELEPHONE# b?JyZI_ ?-
COMPLETE THIS SECTION FOR "NEW" RESIDENTIAL BUILDINGS ONLY
Energy Code Category _ MINNESOTA RULES 7670 CATEGORY 1 bfINNESOTA RULES 7672
(J submission lype) • Residential Ventiladon Category 1 Worksheet Submitted rNnjUm'16*0 et Submitted
• Energy Envelope Calculations Submitted 2002 1
Plumbing Contractor: ___
Plumbing system includes:
Mechanical Conhactor:
Mechanical system inciudes:
Sewer/Water Contractor:
_ Water Softener
Water Heater
No. of Baths
Air Conditioning
Heat Recovery Systcm
Phone #
Phone #
Fee: $70.00
-------°-----------------------------°--°---------------------°-----------------°------------------------------------
I hereby acknowledge that I have read this application, state ihat the information is correct, and agree to comply
with all applicable State of Minnesota Statutes and City of Eagan es.
SignatureofApplicanf n/nC4 i
OFFICE USE ONLY
RemodellReoair Reauirements
. 2 copies of plan
• 1 set of Energy Calculations for heated additions
. 1 site survey for exlenor additions & decks
• Indicate if home sened by septic system for additions
VALUATIO
,
Phone #
Lawn Spru
No. of R.I.
00
Certificates of Survey Received _ Tree Preservation Plan Received _ Not Required _
Updated 4l02
RESIDENTIAL MECHANICAL rExMrr ArrracnTiorr
City Of Eagan
3830 Pilot Knob Road, Eagan MN 55122
?u Telephone # 651-675-5675
Please complete for: single family dwellings & mwnhomes/condos when permits are reguired for each unit
Date f
Site Add
ess
7
r
I
nit #
Property Owner Telephone v- f
ContraMOr 40r^/_lk-!?/ (lc_ ??..4? (lif.Lr•r, °I- ?( ? `U`?'t .
StreetAddress ?o vl) - 41lfr1)li?,?,_?,?i1tL City
,/"
State /Ir.?r'? Zip Telephone#?,j?)?9'
? y.tf? ?''
Bond #: /t-i.L ' _o1% ;z (a ? Expires: r) L /
The Applicant is _ Owner 7/L CoMractor _ Other
Fire repair (replace buroed out applisnces, ductwork, etc.) $ 90.00
This fee applies when extensive mechanical repairs are made to a building.
Add-on or alteratioo to exisNog dwelling unit $ 50.00
_ fumace _Additional X Replacement _ New
air exchanger
? air conditioner
heat pump
other
State Surcharge $ .50
Total $ S?
I hereby apply for a Residential Mechauical Pertnit and acknowledge that the infoanation is complete and accurate; that the work will
be in conformance with the ordinances and codes of the City of Eagan and with the Mechanical Codes; that I understand this is not a
peanit, but only an application for a permit, and work is not to start without a pemtit; that thework will be in accordance wi[h the
approved plan in ttte case of work which requires a review and approval of plans.
?ae:-r_ ?;-
ApplicanYs Printed Name Applicant's Signature
(
PERMIT ?
` CITY OF EAGAN
3830 Pilot Knob Road
Eagan, Minnesota 55122-1897
(612) 681-4675
PERMIT TYPE:
Permit Number:
Date Issued:
BUILDING
031747
64/09/98
51TE ADDRESS:
4325 NTCOLS RD
LOT: 1 BLOCK: 29
SECTION 30
P.I.N.: 10-03909-010-29
DESCRIPTION:
(FIRE DAMAGE)
ermit Type SF (MTSC.)
?rk Type REPAIR
''e';; Z434 RLT. RESIDENTIAL
,??a ;v ?? Agg
? ? I3?? ??. ?,.?r ?
?ff ?,. . . ,? ? ai_
?s
REMARKS:
A SEPARATE PERMIT IS REQIJIRE? FOR ANY PLUMBING pR ELECTRTCAL WORK
FEE SUMMARY:
VALUATION $10.000
Base Fee $162.25
5urcMarge $5.00
7ota1 Fee $167.25
CONTRACTOR: - Applicant - 57. LIC OWNER:
S?MPSON-IINDGREN 17215546 0003129 ApELMANN HERBERT
2 28 E 35TH ST 4325 NICOLS RD
M NNEAPOLIS MN 55407 EAGAN MN 55122
( 12) 721-5546 (612)454-4627
A?9iPd 1 f?
ISSUED e: S N RE
? ? ?1998 BUILDING PERMIT APPLICATION (RESIDENTIAL) $ ? (? ?• ??i
CITY OF EAGAN
3830 PII.OT KNOB RD - 55122
681-4675
New Construction Requirements
? 3 registered sile Surveys
? 2 copies oT plens (InGude beam 8 xrindow sizes; poured fnd. desipn; etc.)
? t energy calalaUons
? 3 copies of tree preservation plan M lat platted after 711i83
required: _ Yes _ No
DATE: ?4 V "
RemodeVReoair RequiremeMs
? 2 wPies of plan
? 2 site surveys (eMerior addkions 8 decks)
? 1 energy celculations for heated atlditions
?
CONSTRUCTION COST; /Z)i ?
DESCRIPTION OF WORK: ?T ?L`G
STREET ADDRESS: 7?, -2 S/V, C D/S Op?
LOT: BLOCK: 19 SUBD./P.I.D.#:
Name: IVC I /' / /¢ ,?4 Phone #: /v
PROPERTY 1-est Firsc
OWNER
Street Address: :5-,?/' e U s /( C?
City vL1 State: Zip:
0
Company? J` ov? ?hone #:
CONfRACTOR G ! ?
Street Address:a112 ?- O LL ? 5 J License
c;Ty ? 0 5 stau: ?--?_ zip:
ARCHITECT/
EIVGINEER Campany: Phone #:
Name: Registration #:
Street Address:
City State: Zip:
Sewer 8 water licensed plumber (new construction onty):
and lot change is requested once permit is issued.
Penalty applies when address chang
I hereby adcnowledge that I have read this application and state that the informati rf'i? co t and agree to compl with II applicabl
State of Minnesota Statutes and City of Eagan Ordinances.
Signature of Applicant: "
OFFICE USE ONLY
Certificates of Survey Received ' Yes _ No
Tree Preservation Plan Received - Yes - No - Not Required
PLEASE COMPLETE FOR SINGLE FAMILY DWELLINGS. AISO, FOR TOWNHOMES AND
CONDOS WHEN PERMITS ARE REQUIRED FOR EACH UNIT.
NEW CONSTRUCTION
ADD-ON A/C
T ADD-ON FURNACE
FIREPLACE INSERT
DATE
HVAC: 0-100 M BT'U
ADDTTIONAL 50 M BTU
GAS OLJT'LETS (MINIMUM 1 @ $3.00 EACH)
ADD-ON/REMODEL (EXISTING CoNS'rxuc'i'ioN)
STATESURCHARGE
TOTAL
snE
FEES
"$ 24:00
0
$ 20.00
a? =
OWNER NAME:zlda P? ?/)- ?g fr., is r? TELEPHONE #: '?cS-? ??•? ?
INSTALLER: . C9rs ,?r .
ADDxESS:?f l? zv , ?, )
CTTY: 111}9 e-- STATE: SMQ:'/2 ? ZIP CQDE:
TRi .RPHONE #:_
SIGNATURE OF PERMITTEE
?-
1994 MECHANICAL PERMIT (RESIDENTTAL)
CITY OF EAGAN
3830 PILOT KNOB RD
EAGAN MN 55122
(612) 6814675
' CITY QF EACAN
ASSESSMEN'f ACREEMENT
LAND USE DIFFERS FROM ZONINC
PROJECT N0. y(n°A Q?
THIS AGREEMENT dated this 6rh day of Occober , 1988, between the
CITY OF EACAN, (called City), and llerbert & Ellen Adelmann (called
Owner) oC 4325 Nicols Road ,(address);
FINEREAS, the City proposes to as9ess the following deseribed premises
ouned by Owner: (legal description)
E 250 PT OF S 270 F OF N 840.99 FT OF S 1682.66 FT
OF E 1/2 OF NW 1/4 SECTION 30, T 27, R 23
for the following improvements pursuant to City Project 460n
WHEREAS, such assessments would normally be based upon the present zoning
elassification of said premises, th?tt is, ; ar.d
WHEREAS,.the present use of said property is different from said zoning
classification and if zoned at the present use, asseasments would be for
zoning.
NOW THEREFORE, upon consideration of the mutual covenants herein, the
parties agree as follous:
1. The City agrees to assess said property for the Pro,ject and purposes
described abeve as if St were zoned SinQle Family at the rates now in
existence for property so zoned.
2. The OWner agrees for himself, his heirs, executors, administrators,
successors, and assigns, that if the actual use oC said property is changed in
the future to a use or zoning cate3ory uhich is assessable at a higher rate
than the rate foi• the preaent use, the City may reassess or levy a supple-
mental assessment a? such time equal to the difference betueen the assessment
for the neu land 'uye and the assessment for the present land use at the
assessment rates, according to City poliey, in eCfect at sueh future time.
3. a. The Owner for himself, his heirs, executors, adminis;:rators,
successors, and assigns waives any and all objec[ions to the Ci[y's right
to reassess the property in conjunc[iori with the Yroject iE the accual
use and/or the zoning for the property is changed. Fur[her, the Owner
waives any and all objections to the present assessments agreed to herein
and [o the proceedings rela[ed thereto.
b• By execu[ing this Agreemene, the Owner does not waive
the 6urden of the City to es[ablish the bencEtt received by the propercy
under the Projec[ at the time of the change in use or zontng. 4. Other condStions:
The undersigned have read and understand the above agreement and hereby
bind themselves to it in all respects.
OWNEA
jLL,Y)i rio
ThSs Document Drafted By_ ,
Hauge, Smith, Eide 6 Keller, P.A.
3908 Sibley Memorlal HighNay
Eagan, Hinnesota 55122
CIT
Hy:
Att
A(p?pg0$CD: Publi?c ??.,'??" D recLr?e
t / ?'yl.?.?....a ?iWiG
EX[MPT FROM STATF. DF.ED TAX
• '(
70 ISTbTE OF MINNESOTA) ,\',
) gs• CITY ACKNOWLEDGEMENT ?
COUNTY OF AAKOTA ) 1
On this tjj" day of NO-?ev..1&ov , 1989, before me a Notary Public
within and for said County, personally appeared BEA:':A B:.O;:^^'°'"
oo?r and EUGENE
VANOVERBEKE to me personally knoun, who being each by me duly sworn, each did
say that they are respectively the Mayor. and Clerk of the CITY OF EAGAN, the
municipality named in the foregoing instrument, and that the seal affixed to
said instrument was signed and sealed on behalf of said municipality by
authority of its City Council and said Mayor and Clerk acknouledged said
instrument to 6e the free act and deed of said municipality.
Np?ary P
D, ,;. i A tirr {((
. n1 co -.mi ?or ? ,._ `??._ ? ..?3 7
STATE OF MINNESO'I7C`?_ _
`? ) ss. PERSONAL ACKNOWLEDGEMENT
COUNTY OF N ?-?-? )
On this ,Z day of 198s; before me a Notary Public xithin
and for said County, personally appeared ?,(wti? •,•,-,?L_l?Q?r.Lc.rcJ ac6dm-r.wr?
to me knocrn to be the person oi described in and who executed the foregoing
lnstrument and acknowledged thatexecuted the same as lVzefree act
and deed.
74
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Pa+ L• _ n?r
'M 4 401 Afl? M?tA c°N yt?V,N*
\ ??t`? ps4' ExA?ves
`? `F1yComm ?oa
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C T 3 ftg
CAMPBELL, SCOTT & FUCHS, P. A.
Attorneys at Law
Thomas J. Campbell (612) 456-9539
Thomas M. Scoer Facsimile (6I2) 456-9542
Ga,yG. Fuchs
October 6, 1988
james R. Walston
HAND DELIVERED
Mr. Thomas A. Colbert
Director of Public Works
3830 Pilot Knob Road
Ea,ar., MN 55122
Re: Parcel 10-03000-010-29
Project 460A Special Assessment Objection
Dear Mr. Colbert:
We represent Herbert and Helen Adelmann in the connection
with the above referenced matter.
Our clients objection to the nroposed special assessment is
to be considered by the City Council on October 6, 1988.
Our clients continue to object to the proposed assessments
totalling $24,370.20. This amount is far in excess of any
minimal benefit to the property as a result of the improvements.
The proposed settlement involving the execution of the
agreement in accordance with special assessment policy 82-2 is
not acceptable.
In order to resolve this matter, our clients would agree to
an assessment in the amount of $4,557.60. This amount represents
the assessment for a single family at the rates iiow in existence.
Thank you for your consideration in this matter.
Very truly yours,
CAP+IPBEILL, SCOTT & FUCHS, P. .
BY• 14?
Thomas M. Scott
TMS:sms
cc: Herbert & Helen Adelmann
Yankee Square Office lll • Suite 202 • 3460 Washington Ikive • Eagan, MN 55122
city oF eagan
3830 PILOT KNOB ROAD, P.O. BOX 21799 ViC ELLISON
EAGAN, MINNESOTA 55121 ' nnayor
PHONE (612) 454-8100 THOMAS EGAN
DA+nD K. GUSiAFSON
PAMELA MCCREA
7HEODORE WACMER
Council Members
September 22, 1988 THOMASHEDGES
CiN Atlminlsirator
EUGENEVAN OVERBEKE
qNClerk
MR & MRS HERBERT ADELMANN
4325 NICOLS ROAD
EAGAN MBI 55122
Re: P,arcel 10-03000-010-29
Project 460A, Special Assessment Objection
Dear Mr. & Mrs. Adelmann:
On June 30, 1988, the Special Assessment Committee met to
consider your objections to the proposed assessments of
$24,370.20 for the improvements associated with Project 460A,
Nicols Road (Streets). Enclosed you will find a portion of those
minutes pertaining to your objections as discussed by the
Committee with their recommendation. You will note that the
Committee recommended that the assessments be reduced to
$4,557.60 subject to the execution of the enclosed agreement in
accordance with Special Assessment Policy 82-2.
These comments and recommendations will be forwarded to the City
Council for formal consideration on Thursday, October 6, 1988.
If you wish the Council to consider the reduced assessment
recommended by the Committee, the enclosed agreement must be
executed prior to that meeting. If you have any, other
information that you would like to have the City Council
consider, please forward it to my attention no later than October
3, 1988.
Sincerely, M
v??
Thomas A. Colbert, P.E.
Director of Public Works
TAC/ jj
cc: Deanna Kivi, Special Assessment Clerk
Enclosure
--=IHE LONE OAK TREE...THE SYMBOL GF STRi,kG:H AND GRO`a!?H fN C,!Q u?AEv1UNltt
?
NOTICE OF 9SSESSMENT HE$RZNG
CITY OF EAGAN
DA%OT9 COONTY9 MINNESOTA
NOTICE IS HEREBY GIVEN, that the City Council of the City of Eagan,
Dakota County, Minnesota, will meet at the Eagan Municipal Center located
at 3830 Pilot Rnob Road, in said City on Oetober 6, 1988, at 7:00 p.m. to
consider the proposed assessment of Pareel # 10-03000-010-29
for Pro3eet 6 460A
in Eagan.
The proposed area to be assessed is described in the assessment roll
on file with the City Clerk in his ofPice, which roll is open to publie
inspection. Written or oral objeetions will be considered at the publie
hearing.
An owner may appeal an assessment to distriet court pursuant to M.S.A.
429.081 by serving notice of the appeal upon the Mayor or Clerk of the City
of Eagan within thirty (30) days after the adoption of the assessment and
filing sueh notice witki the Distriet Court oF Dakota County within ten (10)
days after service upon the Mayor or Clerk.
Further information relating to these assessments may be obtained from
the Special Assessment Division of the Finance Department and any questions
should be direeted to that Division.
Dated: September 22, 1988
E. . VanOverbe e
Cit Clerk, Eagan
?
' SPECIAL ASSESSMENP CCi44ITTEE MIN[Ti'L'S
? JLiNE 30, 1988
' PAGE 4
and that Che Ciey now conCrolled the l.ift station arid that no credie
was then afforded Co Mr. DesLauriers. Egan asked Colbert to camient
on the asserCion try DesLauriers that his property would be used as a
hoLding pond in camectipn wikh the 1i£e station ard the culvert cormecCing
the pond to Che easC of Che DesLauriers property. Public Works DirecCor
Co1berC stated that the StafE and Che consu2ting engineers disagreed with
AesLauriers and that afCer Che "super stosms" of July, 1987, that the water
level in Che pond Co the east of the DesLauriers properCy did not raise Co
a 1eve1 ChaC it would back-up through the culvert Co the Desi.auriers property.
Anne rlarie DesLauriers was present on behalf of the property owner.
Egan moved, Co1COn seconded, the motion to modify the azzgi.nal assessment
to $9,500.06. AL1 voted in favor.
The meeting was then called to recess by Chairperson Ttaaddell.
1he Special Assessment Corcmittee was recorrvened at 6:30 p.m.
PARCEY.7.0-03000-01D-29/HERS AbECMANN
Public Works Director Tom Colbert stated that under Project 460A
Che City provided £or the recanstructipn o£ Nicols Road from an old rural
Cotmty road ditch to an urtaan skreet sectian with curb and gutter and
trailways. The property currently carries a corrmercial zoning wnder
the Limited $usiness classificaCion. Its use is tmder--utilized by Che
presence of an existing single family dwelling. In accoxdance with Special
Assessment Policy 82-2 (Assessments AgainsC Lanci Whose Present Use is
Di€ferent fran the Gtxrrent Underlying Zoning) the property owner could
reduce the proposed assessmencs ta $9,112.50 subject to Che execution o£
the appropriate agreemenCS in accordance with the policy.
Tom 5cott, an attorney at 3460 Washingtrm Drive, Eagan, MN, appeared
on beha7.f of the Adelmanns. Mr. Scott indi.caCed Chat he believed the
present zoning orr the property was R-4. Public Works Director Colbert
indicated that Mr. Scott was correct. Mr. ScotC incIicatecl that the Adelmarms
were the on1,y residents an ChaC particular stretch o£ Nicols Road and that
its pzesent use would be R-1. Mr. ScoCC objected to the special assessments
being at the R-4 classificaCion. Mr. Scott inda.caCed-that under the present
R-1 zoning that Chere should noC be any arnomt included in the assessmenCs
for a trailway but that because it was being assessed under the R-4 wning
Che cost was being borne by Che Ade2manns. Mr. SCpCt indicated Chat he
believed that the Adelmanns were the only residenCs being assessed at the
higher rate in cormectian with this project. Mr. Scott indicaced Chat
his objections were based on his belief that the properey had not been
benefiCted by the $24,000.00 assessmene. Nkr. Scote sulxnitted a lettez
from Ray Connel3.y, a realtor and appraiser, staCi.r?g that there has been
little i£ any increase in Che value of the property due to the project.
SPECIAL ASSESSmmI' COM•tITTEE MINULES
.7t1NE 30, 1988 ~ .
PAGE 5
Mr. SwtC zndicaCed Chat iC was hi.s undersCandi.ng thaC i.£ the property
had been assessed at the R-1 rate, the amoimt of the assessmenc due from
the Ade7marnis would he $4,557.60. Mr. Colbert indicated thaC Mr. Scott
was correct and that there was an errar in the informatian delivered to
the CamdtCee in that the reduced assessment available Lmder Special
Assessment Policy 82-2 would he $4,557.60. 'Paaddell inquired of Colbert
whether the policy would prwide that-the Adelmazms would be assessed aC
the R-I raCe buC at svch Cime as the Adelmarms, or their successors,
upgrade the use of the property to an R-3 or R-4, that the reminder o£
the assessment as assessed would be diae. Mr. CalberC indicated a£firmative,
subjecC Co the execution of the agreements fn cotmection to Policy 82-2.
Mr. Scott indicated that it is his belief ChaC the agreement xequested to
be executed by the Adelmanns provides that a supplemental assassrrent will
take place upon a future subdivision, 10, 20, even 100 years from naa, based
upon the rates which would be in effect at the time of such charge of the
use. He feels Chis couJ.d be lang afCer the use and benefit of the roadway
have been extinguished. Mr. Scott was fearful thaC the agreement would be
a claud on the title anrl that the Adelmanms would have no knowledge o£ what
their responsi6ility would be i.mder the supplemental assessments: Mr.
ScoCt 9.ndicated that there may be a willingness eo execute an agreement
Chat provided for a set Ci.mefzame in a decreasing amaLmt due for the
benefit o£ the road dssing successive years follawing the execuCion of the
agreement. Mr. Scott itxlicaCed ChaC the present agreement is tnyworkable
and does noC foresee the Adelrnarms entering into Chat type o£ an agreement.
Twaddell inquired of ScoCt as Co whether or not he felt there was a pmblem
w.ith the presenti zoning and whether the Adelmara,s would be agreeable to
down-zaning the property Co R-1.
Egan coRrtiented on whether or not the postponing of the assessments
could leave the Citq raith the inmden of proof upon the rezoning or
recJ.assification of the use o£ the property so that a public hearing
would be required at such later date. Public Works Direceor Colbert
indicaCed to Mr. Egan that the present poJ.icy requires the property
owner to waive any £uture public hearings on the benefits derived from
the public improvements. Egan irtquired as to whether or not there could
skiLl be a distincC starx3ard £or the City to Uear the burden of proving
the public benefit at the time o£ su6division or rezoning. Egan suggested
that the langu,s,e in the assessmenC agrnement set forth a waiver of the righC
of assessment but not a waiver of the value of the benefit derived by the
landowner, arxl thaC the value of benefit provec3 aC a later date when
the lardowner submits a subdivision or zoning change.
Ggan noted rhaC this was not the proper form, but that the property
may be incorrectly zoned which caused a negative impact. Egan stated that
he felC Special Assessment PoLicy 82-2 was a goocl policy and that he fe1[
the property owner should waive any objectian to the assessment but should
noe waive any objection to the benefit not exceeding the assessment. Egan
indicated he would recomnend that the agreements in cannectian with Special
AssessmenC Policy 82-2 be modified Co Chis extent.
,. , .
• SPECTAL ASSESSMEIVI' CCNMITTEE MINUTES
. JUNE 30, 1988
` PAGE b
Merkley expressed his concern for Che Adelmamns. He iridicated thaC
because af the presenC zonirg of lt-4 and Che allocation o£ the benefits
in connecCion with the zoning, thaC the Comnittee's hacxEs were tied because
of Che miss-cJ.assification when the properCy was better suiCed as an R-1
zoning.
Taaddell moved, Egan secom3ed the mntion to reaffirm the assessmenc of
$24,370.20 wiCh a provision that it be reduced Co $4,557.60 if either o£ Che
following occur:
i. The property owners down--zoae Che property to R-1 prior to CiCy
Council approvi.ng the reductioci, or
ii. The City Coumci1 approves the modi£i.cation to Special Assessment
Policy 82-2 which would provide £or the waiver of Che right of the
City to assess the landowner but would noC provide for a waiver by the
landowaer of the right to detezmi.ne the arrovnt o£ Che benefit at Che
rime of the change of Che Lard use.
AlL voted in favor.
Conmittee Member Ray Creegan joined Che Comnittee.
L,OT 1, BIOCK 2, CF.LISR RxDGE 15i' ADDITION
RSCHARD SCI-NGIM
Public Works Director Tom Colbert stated thaC 1'roject 460A provided
for the reconstrucCion and upgrading of Nicols Road £rcm a Cotmty rural
ditch to an urban.street with curb and gutter and trailways. At an earlier
time the landowner indicated thaC Che CiCy denied direct access onto Nicols
Road and that at the time of development flf Cedar Ridge lst Addition, the
County controlled Nicols Road and restricCeti the access. Subsequently Che
CoumCy Road has been revoked and the jurisdictian o£ Chis roadway has been
turned back to the City of Fagan.
Richard Schweim appeared before the corrmi.ttee and indicated that he had
put in Cedar Ridge Ca.rcle to gain access Co their property since they were
denied access di:-ectly onCo Nicols Itoad. He stated that they bore the cost
of Cedar Ridge CYrc1e and now were being asked to pay £or Nicols Road when
he claims that they do noC derive any benefit. Mr. Schweim irOzcated that
he is not served directly off oi N3.cols Road arid thac due to the diminished
volume in Craffic Chat Nicols Road carries, he perceives no ccetnerczal
henefit to being 7.ocated next to Nicols Road. Mr. Schweim i.ndicated hi.s
willingness ta pay his fair share of the assessmenC which he suggesCed might
6e in the neighborhood of $12,000.00, but he objected Co the proposed
assessmenC.
CITY OF EAGAN
ASSESSMEYT AGREEMENT
LAND USE DIFFERS ROM 20NSNC
PROJECT N0. _
THIS AGREEMENT dated this 6th day of Dctober , 198_, betveen the
C2TY OF EACAN, (Called City), and Herbert &Ellen Adelmann (Called
Owner) of 4325 Nxcols Road 9 (addCess);
WHEREAS, the City proposes Lo assess the following described premises
oWned by Ouner: (legal descrlption)
E 250 FT OF S 270 F OF N 840.99 FT OF S 1682.66 FT
OF E 1/2 OF NW 1/4 SECTION 30, T 27, R 23
for the following improvements pursuant to City Project 460A
WHEREAS, such assassments uould normally be based upon the present zoning
classification of said premises, that is, ; anG
WHEREAS,.the present use of said property is differenC from said zoning
cla9sification and if zoned at the present use, assessments would be for
zoning.
NOW THEREFORE, upon consideration of the mutual covenants herein, the
parties agree as follous:
1. The City agrees to assess said property for the Project and purposes
described above as if it were zoned SinQle Family at the rates now in
existence for property so zoned.
2. The Owner agrees for himself, his heirs, executors, administrators,
successors, and assigns, that SP the actual use of said property is changed in
the future to a use or zoning category which is assessable at a higher rate
than the rate for the present use, tha City may reassess or levy a supple-
mental assessment at? such time equal to the difference between the assessment
for the new land 'uye and the assessment for the presenG land use at the
asaessmenG rates, according to City policy, in effect at such future time.
3. a. The Owner for himself, his heirs, executors, adminisr.rators,
saccessors, and assigns waives any and a11 objuctions to che City's right
to reassess the property in conjunctiori wi[h the Yroject if the actual
use and/or the zonins for the proper[y is changed. Further, the Owner
waives any and a11 o6jections to the present assessments agreed to herein
and to [he proceedings related there[o.
b. By executing this Agreement, the Owner does not waive
the burden of the Ciey to escablish the benefie received by the propercy
under the Projecc at tLe time of the change in use or eoning,
4. Other conditions:
T h e undersigned have read and understand tha abova agreement and hereby
bind themselves to lt in all respecta.
OWNER CITY OF EAGAN
Thls Docu:nent Drafted By_
Hauge, Smith, Elde & Keller, P.A.
3908 SLbley Memorial Highway
Eagan, Minnesota 55122
By:
its Mayor
Attest:
Ita Clerk
APPROVED: Publlc Works Dtrector
E%GMPT FHOM STATF. DF.ED TAX
RAY CONNELLY REALTY
8rokerage and Appraisals
(612) 890-2130
D?
7une 27, 1988
Mr. Thomas M. Scott
Campbell, Scott & Fuchs, P.A.
Suite 202
3460 washington Drive
Eagan, Minnesota 55112
^ V
{^'•J
`U
Re: Herb and Helen Adelmann
4325 Nicols Road, Eaqan, Minnesota IZO -T'
In reviewing the subject property and its present use and the
sales of property, T consider that there is very little if
any increase in the value. If there is any increase it would
be because of aesthetic reasons.
Sincerely,
?
41
i`"Ra ?' ? ,//'.?
p Cbnn??t?y '
12904 Nicollet Avenue • Burnsville, MN 55337
?
HAUGE, EIDE & KELLER, P. AECE1VEL) f UN 94 1988
/ PAULH.HAVGE
N ?{(orne?IS ¢f o(aw KEVIN W. EIOE
TOWN CENTRE PROFESSIONAL BLDG., SUITL 200 DAVID G. KELLER
1260 YANKEE DOODLE ROAD LORI M. 6ELLIN
EAGAN, MINNESOTA 55123 DEBRA E. SGHMIOT
THOMAS P. IOWE
(612) 456-9000
June 14, 1988
Thomas Colbert
Eagan City Hall
3830 Pilot Knob Road
Eagan, MN 55121
RE: Adelmann - Projec_t #460)
Dear Tom:
As I indicated to you in our recent telephone conversation, I have
tried to follow-up with_tdr._ Tom Scott representing the Adelmanns in
regard to the?assessments for Nicols Road. Mr. Scott indicated that
the Adelmanns found-our proposed assessment agreement unacceptable.
I asked that he make a counterproposal, which will hopefully be made
in the near future.
Mr. Scott did inquire as to when the special assessment committee
would be considering this matter. Perhaps setting the issue on for
hearing would be helpful in obtaining some action.
Sincerely,
HAUGE EIDF. & KELLER, P.A.
avid G. Kelle?
DGK:cam
Of
3830 PILOT KNOB ROAD. P.O. BOX 27799
EAGAN. MINNESOTA 55121
PHONE: (612) 454-8100
June 13, 1988
MR HERB ADELMANN
4325 NICOLS ROAD
EAGAN MN 55122
Re: City Project 460A
Driveway Complaint
Dear Mr. Adelmann:
/p -a3ooo -o/a -d9
VIC ELLISON
May«
hiONVSEGAN
DAVID K. GUSTAFSON
PAMEL4 McCREA
hiEODORE WACHiER
COUncil Members
nionans HEOGes
qryHdminisharoe
EUGENEVAN OVERBEKE
Ciry Cierk
At your request, I have reviewed the existing condition of the
driveway to your property. The driveway was restored in
accordance with your request during last year's construction
season. Maintenance from that point on is the responsibility of
the property owner. There is no evidence of substandard
construction activities which would indicate City responsibility
for the existing condition of the driveway. The existing
driveway condition is due to lack of maintenance required from
normal use.
Sin rely,? -
ichael1 _P_._Eoertsch ?
C -- - 7?1
--
Assistant City Engineer
MPF/ 7J
cc: Leo Pawelsky - Bonestroo, Rosene, Anderlik & Associates
THE IONE 0AK iREE. ..THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITV
?
x
HAUGE, EIDE & KELLER, P.A.
<J'Ittorneys ul Xnru
TO\4'N CENT'RF. PROPESSIONAL BLDG., SUITF, 200
1260 YANKEF. DOODLE ROAD
F.AGAN, b91\NES07'.4 55123
(612) 456-9000
"larch 8, 1988
Thomas M. Scott
Attorney at Law
3460 Washington Drive
Eagan, t,N 55122
RE: Adelmann - Project No. 460
Dear Mr. Scott:
PAULH.MAUGE
KEVIN W.EIDE
DAVIO G.KELLER
LORI M. BELLIN
OEBRA E. SCHMIOT
THOMAS P. LOWE
0
? 3 0 ?
Enclosed please find some revised wording in regard to the
assessment agreement we have been discussing for your clients the
Adelmanns. You will note that I tried to keep the formula very
simple at the request of the Department of Public Works. You should
know that the amounts and time periods are subject to review by the
Public Works Department by receipt of a copy along with a copy of
this letter.
Basically, what I have done is put a cap on the amount of additional
assessment possible against your client's property as a result of
the upgrading of Nichols Road. Further, I have provided for some
reductions which again are not approved and are subject to review to
determine if they reasonably coincide with the life expectancies of
the various aspects of the project.
Please advise if this concept would be acceptable to your client.
After review by the Department of Public Works, I will advise of any
changes in the amounts or terms in the additional sentence in
paragraph 2.
Sincerely yours,
HAUGE, EIDE & KELLER, P.A.
David G. Keller
DGK:cam
Enclosure
R?CEfVEDI K.1 , 0
1988
cc: Tom Colbert
! CITY OF EAGAN
ASSESSMENT AGREEMENT
' LAND USE DIFFERS FROM ZONING
PROJECT N0. 460
THIS AGREEMENT dated this Sth day of August, 1987, between the
CITY OE EAGAN, (called City), and Herbert & Belen Adelmann (called
Owners) of 4325 Nichols Road ;
WHEREAS, the City proposes to assess the following described
premises in Dakota County, Minnesota, owned by Owners: (legal
description)
East 250 feet of the south 270 feet of the north 840.99
feet of the south 1682.66 feet of the east 1/2 of the
NW 1/4 - Sec. 30, T 27 N, R 23 W, Dakota County, Minnesota
for the following improvements pursuant to City Pcoject 460:
Nichols Road Street Improvements - City Contract #66-02.
WHEREAS, such assessments would normally be based upon the
present zoning classification of said premises, that is, R-4,
(Multiple); and
WHEREAS, the present use of said propecty is different from said
zoning classification and if zoned at the present use, assessments
would be for R-1 (Single Family) zoning.
NOW THEREFORE, upon consideration of the mutual covenants
herein, the parties agree as follows:
1. The City agrees to assess said property for the Project and
purposes described above as if it were zoned R-1 (Single Family) at
the rates now in existence for property so zoned.
2. The Owners agree for themselves, their heirs, executors,
administrators, successors, and assigns, that if the actual use of
said property is changed in the future to a use or zoning category
which is assessable at a higher rate than the rate for the pcesent
use, the City may reassess or levy a supplemental assessment at such
time equal to the difference between the assessment for the new land
use and the assessment for the present land use at the assessment
rates, according to City policy, in effect at such future time.
However, r_he amount of additional assessment shall not exceed
$20,000 within 10 years, $15,000 from 10-20 years, or $10,000 more
than 20 years from the date of this agreement.
3. The Owners, for themselves, their heirs, executocs,
administrators, successors and assigns, further waive notice of any
and all hearings necessacy and waive any and all objections to the
present or future assessments agreed to hecein or to the proceedings
related thereto and waive the right to appeal such assessments.
4. Other conditions:
The undersigned have read and understand the above agreement and
hereby bind themselves to it in all respects.
OWNERS: CITY OF EAGAN
THIS DOCUMENT DRAFTED BY:
HAUGE, EIDE 6 RELLER, P.A.
1260 Yankee Doodle Road
By:
Its Mayor
Attest:
Its Clerk
APPROVED: Public Works Director
Town Centre Professional Bldg., ;200
Eagan, MN 55123
(612) 456-9000 EXEMPT FROM STATE DEED TAX
AsE?S xrc -P.4
CITY OF EAGAN
ASSESSMENT AGREEMENT
LAND USE DIFFERS FROM ZONING
PROJECT N0.
THIS AGREEMENT dated this day of , 19 ,
between the CITY OF EAGAN, (called City), and
(called Owner) of
, (address);
WHEREAS, the City proposes to assess the following described
premises in Dakota County, Minnesota, owned by Owner: (legal
description)
for the following improvements pursuant to City Project
WHEREAS, such assessments would normally be based upon the
present zoning classification of said premises, that is,
; and
WHEREAS, the present use of said property is different from said
zoning classification and if zoned at the present use, assessments
would be for zoning.
NOW THEREFORE, upon consideration of the mutual covenants
hecein, the parties agree as follows:
1. The City agrees to assess said property for the Project and
purposes described above as if it were zoned
at the rates now in existence for property so zoned.
2. The Owner agrees for himself, his heics, executors,
administrators, successors, and assigns, that if the actual use of
said property is changed in the future to a use or zoning category
which is assessable at a higher rate than the rate foc the present
use, the City may reassess or levy a supplemental assessment at such
time equal to the difference between the assessment for the new land
use and the assessment for the present land use at the assessment
rates, according to City policy, in effect at such future time.
3. The Owner, for himself, his heirs, executors,
administrators, successors and assigns, furthec waives notice of any
and all hearings necessary and waives any and all objections to the
present or future assessments agreed to herein or to the proceedings
related thereto and waives the right to appeal such assessments.
4. Other con9itions:
---- - -- - ------
The undersigned have read and unde
rstand the above agreement and
heceby bind themselves. to it in all respects.
OWNER: CITY OF EAGAN
By:
Its Mayor
Attest:
Its Clerk
APPROVED: Public Works Director
THIS DOCUMENT DRAFTED BY:
HAUGE, EIDE & KELLER, P.A.
1260 Yankee Doodle Road
Town Centre Pcofessional Bldg., q200
Eagan, MN 55123
(612) 456-9000 EXEMPT FROM STATE DEED TAX
I ?m ?At?
HAUGE, EIDE & KELLER, P.A. PAUL N,y{qUGE
? KEVIN WE'DE
?tjpm¢ys at aw SUITE 20 DAVID G. KELLER
Lppl M. BELLIN
? TON'%? CE 1260 YANOKEE DOODLE ROAD pEBRA E SGHMIDT
`
` EAGAN, MIh 569000 05123 7HOMA5 P. LOWE
(612)
J
February 5, 1988
Mr. Thomas Scott
Attorney at Law
3460 Washington Dr.
Eagan, MN 55122
RE: Adelmann
as
?r?
o?
?
?
Dear Mr. Scott:
pursuant to your request, please find a copy of the Assessment
Agteement previously forwaxded by staff to the Adelmanns.
Upon your review, please feel fcee to contact me to discuss any
changes to the Agreement.
Sincerely. •
HAUGE, EIDE & RELLERy P.A.
David G. Keller
DGK:ras
Enclosure /
cc: Thomas ColbertL/
`'"?' city oF ecigcin
3830 PILOi KNOB ROAD. P.O. BOX 21199
EAGAN. MINNESOiA 55121 BFa eLOr.-t9ul5i
PHONF (612) 454-8100 M?or
iHOMAS EGAN
JAME$ A. $MIiH
VIC ELLISON
November 12, 1987 iHEODORE WACHiER
ca?ita Memoay
iHOMAS HEDGF.S
HERBERT & ELLEN ADLEMANN oivnaii
4325 NICOLS RD E EuctNEVnrvovEaucKt
EAGAN MN 55122 CiN Ciz<A
Re: Project #460A, arceL#10_03000-
010-29 ?
Special Assessment Objection
^
Dear Mr. & Mrs. Adlemann:
On September 21, 1987, I forwarded to your attention a letter
indicating that your objections to the special assessments
proposed under the above-reterenced project were continued and
forwarded to the Special Assessment Committee for their review.
At that time, it was anticipated that the Special Assessment
Committee would neet prior to the end of the year. However, it
is now apparent that the committee members will not be able to
meet until the first part of February, 1988, at the earliest.
You'll be notified in writing at the earliest opportunity upon
the determination of the specific date tor this future Special
Assessment Committee meeting to review your objection.
We apologize for the continued delay in resolvinq your objections
and appreciate your continued patience and understanding.
Sincerely,
Thomas A. Colbert, P.E.
llirector of Public Works
TAC/jj
cc: Paul Hauge, City Attorney
Deanna Kivi, Special Assessment Clerk
THE LONE OAK TREE. . THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNITY
Ppo
3830 PILOT KNOB ROAD. P.O. BOX 21199 BFA BlOM9UIST
EAGAN, MINNESOTA 55121 Mmar
PHONE: (612) 454-8100 nionrtaS EGAN
JAMES A. SMITFi
Se tember 21 ?.9H7
P . b1C ELLISON
nHEOOOae wncrrtEa
Councll MBmbers
rHOnnas neoc,Es
HERBERT & HELEN ADELMANN
?minMrolor
GN
EUGENE
VANOVERBEKE
4325 NICOLS ROAD C
EAGAN MN 55122
Re: Project #460A, Parcel #10-03000-010-29
Special Assessment Objection
Dear Mr. & Mrs. Adelmann:
At the formal public hearing before the City Council, you
submitted a written objection to the proposed final assessments
against your property for the improvements associated with that
project. Subsequently, the Council deleted your property from
the final assessment roll that was formally adopted and certified
to the County for certification onto the tax rolls. Your
objection was then referred to the Special Assessment Committee
for an in-depth review of the improvements, the related benefit
to your property and the proposed assessments.
This Special Assessment Committee is comprised of two Council
members, two Planning Commission members and three residents of
the community. After their review, they will forward a
recommendation to the City Council for formal consideration of
final adoption of the proposed assessments. The Council's
consideration of the Special Assessment Committee's
recommendations will be held at a future formal public hearing
and mailed notification similar to the public hearing process you
recently completed.
While there is no definitive schedule for the Special Assessment
Committee meetings, it is not anticipated that this item will
come before that Committee any sooner than November/December,
1987.
When the Special Assessment Committee meeting has been scheduled,
you will be so notified in writing with a request to provide any
additional information or appraisals you may have compiled in the
interim. Once all this information has been gathered , a staff
report will be prepared for the Committee meeting with a copy
forwarded to your attention prior to that meeting.
THE LONE OAK TREE. ..THE SYMBOL OF STRENGTH AND GROWfH IN OUR COMMUNITY
September 21, 1987
Page 2
In the interim, this special assessment will continue to be
listed as a"pending" assessment but there will be no interest
accrued beyond the amounts proposed at the time of the recent
final assessment hearing.
If you have any other questions regarding this procedure or your
assessment, please feel free to contact me at your convenience.
Sinc ely,
'?9???? ?• ??
'Fhomas A. Colbert, P.E.
Director of PUblic Works
TAC/ jj
cc: Paul Hauge, City Attorney
Deanna Kivi, Special Assessment Clerk
J0
? HAUGE, EIDE & KELLER, P.A.
(J PAULH.HAVGE
? ?2lorneys o2 d.?aw KEVIN W. EIDE
TOWN CENTRE PROFESSIONAL BLDG., SUITE 200 DAVIO G. KELLER
? 1260 YANKEE DOODLE ROA-D LORI M. BELLIN
EAGAN, MINNESOTA 55123 DE6RA E. SCHMIDT
(612) 456-9000
June 5, 1987
Mr. Bruce Allen
Eagan Municipal Center
3830 Pilot Knob Road
Eagan, MN 55121
RE: Project #460 - Nicols Road
Dear Bruce:
Enclosed herewith is a copy of the Temporary Street Construction
Easement from the Adelmanns dated June 4, 1987. This represents the
last Easement required for Project #460, Nicols Road construction.
Sincerely yours,
HAUGE-,-- EIDE & KELLER, P.A.
C? '(?'
X
Dav G. Kellett ?
DGK;ras
Enclosure
??-
:
TEMPORARY STREET CONSTROCTION EASEMENT
6e42. 30 ol 0 r -z9
,,
THIS INDENTURE, made and entered into this `-/ day of
?
, 1987, by and between HERBERT ADELMANrJand HELEN
ADELMANM husband and wif2, as Grantors and the CITY OF EAGAN, Dakot3
County, State of Minnesota, as Grantee.
WITNESSETH WHEREAS, sai9 Grantors are the owner of the tracts of
land in the City of Eagan, Dakota County, Minnesota, legally
describe3 as follows:
The East 250.00 feet of the South 270.00 feet of the North
840.99 feet of the South 1682.66 feet, measured at right angles,
of the East 1/2 of the Northwest 1/4 of Section 30, Township 27,
Range 23.
NOW THEREFORE, the said Grantors in consideration of One ($2.00)
Dollar and other good and valuable consideration to them paid by
Grantee, receipt whereof is hereby acknowledged, hereby convey,
warrant and dedicate to said Grantee, its successors and assigns, a
temporary easement necessary for the construction of slopes of cuts
and fills over, under and across the following described property:
The westerly 17.00 feet of the easterly 50.00 feet of the
northerly 150.00 feet of the above described parcel.
Said temporary construction easement to expire December, 1987.
The land upon which the slopes of necessary cuts and fills are to be
constructed is to cemain the property of said Grantors for said
period and may be used by themselves, their successors and assigns
for any lawful purpose desired, provided such use does not damage,
destroy or weaken the support of the street adjacent to the above
described property.
Said Grantors, for themselves, theic successors and assigns,
hereby releas2 the said City, its officers and agents from any and
all liability and claims thereof concerning said premises, that
result or may result therefrom by virtue of construction of the
street adjacent to the above described property. All earth or other
material necessarily excavated, removed or taken from said premises
in the construction of said stceet shall become the property of said
City to be removed, or used in construction of said street or
otherwise disposed of as said City may seem fit.
.
,,...
ZN WITNESS WHEREOF, said Grantors have hereunto set their hands
and seals the day and year first above wiitten. '
„?.?
? Herb rt Adelmanr
?(.
He1en AdelmanR
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
L
On this Vy day of
Public within and
person sdescri6ed in, a
acknowledged that -/fie J
??: ,• , 19'? ; before me, a Notary
for said County, personally appeared
/,,. /'(-/,-?, ,,.,-,, to me known to be the
nd who executed the foregoing instzument, and
executad the same as !!r,, free act and deed.
/-
- l Notary Public
----- - -------------- - --------
THIS DOCUMENT DRAFTED BY:
HAUGE, $IDE & KELLER, P.A. "`?•. DAVtD O. KELLER
?? NOTARY PUBLIC - MIMNESOTA
1200 Yankee Doodle Road DAKOTA COUNTV
Water View Office Tower, Suite 303 ?MyCOmmiSilonE:pJWyl3.top
Eagan, MN 55123
(612) 456-9000
EXEMPT FROM STATE DEED TAX STAMPS
TRANSUIlTTAL
Daie: 5- 9- 8Cv
To: DAVF- KELLEI[
fJAU6e-r d- 'ASsD.
From: gRUC.E ALL?&1
_ Ev,)r_?o?tzW&
Engineering Department
City of E?Gan
3830 P(LOT KNOB ROAD
EAGAN, MINNESdTA 55121
(612) 454-8100
Re: N16HW,4y 4F?EMtgt,?-'S ot,? oIGb'-S iZDkA 'Ppni 4?0
Dmr-- :
EI4CLQgC=p AiZF-5 Z GpPIES OF /F' r-lFXMft&lEx-)'T
???MPoRARy tRSEMENT ?'o1z r?1tCAt.S 2cAD. ??+?SE F?2DGEED
WkT" (AAKiNU PR-OPE2 V"awNS AkNti 6E7TOaG 516NATVRES.
HIGHWAY EASEMENT
Herbert Adelman & Helen Adelmarr
Parcel 10-00300-010-29, Section 30
DESCRIPTION:
A 7.00 foot permanent highway easement over the East 250.00 feet
of the South 270.00 ft. of the North 840.99 feet of the South
1682.66 feet, measured at right angles, of the E 1/2 of the NW
1/4 of Section 30, T.27, R.23, Dakota County, MN. The East lines
of said easement being the Westerly right-of-way line of Nicols
Road and said Easterly lines also being a line 33.00 feet West
of, measured at right angles to and parallel with the East line
of said E 1/2 of the NW 1/4.
Together with a temporary construction easement described as
follows:
The Easterly 10.00 feet of the Northerly 150.00 feet of the East
250.00 feet of the South 270.00 feet of the North 840.99 feet of
the South 1682.66 feet, measured at right angles, of the E 1/2 of
the NW 1/4 of Section 30, T.27, R.23, Dakota County, MN. The
East lines of said temporary easement being 40.00 feet West of,
measured at right angles to and parallel with the East line of
said E 1/2 of the NW 1/4.
F:C V?._A L:J i:V
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PI...- 612-6l6-y600 .
lanuary 10, 1980
Mr. Paul Hauge, Atty. `
3908 Sibley Memorial Highway
St. Paul, Mn. 55122
Re: Cedar Avenue Stoxm Sewer Project #198A ?
Eagan, Minnesota
File No. 4953
Dear Sir:
? lG
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S. r.ur A. cww. rs. .
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Reem w. s"Ixr, Pr, rwe.n e. r.x+. r.r.
rrh.d W. r.,r., rr.
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s..mo,r A. c..xz. rr. w...s L. s....r. rs.
Reben D. [rl(rN, f.[. ppyy C. Rwp1rll. ld.
RkAerd P. 7wwer, P.E. )IM A. leLmlen
i"., c. oi,e.. rr. ar.t A. rtme,
s? M. owMY
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CYb A. LMrow
i.e U. r..ewr
Hniw Y. Olren '
DnY E. 06ex
b'e have your letter of December 10, 1979 which encloses letters from Ed
.,;3aMennmy,_and-Realto`z?-Ray Connally relative to the Herb Adelmann property at
)325 Cedar Avenue?n.1_?_T?e following is a brief sumnary of the items referred
to in their etters.'
During the construction of this projec[`, six trees were removed from the con-
struction area and temporarily transplanted at the south side of the Adeimann
property. It was intended that, upon completion of the project, they would be
replanted in the locations designated by the Adelmanns. The balance of the
restoration work which included the placing of sod, replacement of the crushed
rock driveway and replacing disturbed property cbrners was completed in the
fa11 of 1978. Winter weather happened too quickly to allow the transplanting
of the trees at that time.
It was in[ended that the trees would be transplanted in the spring of 1979.
However, it did not get accomplished. A letter from Mr. McMenomy to you dated
May 2, 1979 was referred to us for review and action. We discussed the tree
transplanting with Mr. Adelmann during the summer but thought it was too late?
to do any transplanting until fall. We.requested him to indicate where he
desired to have the trees transplanted. Also, we discussed the fact that three
trees had died and three trees were still living. It was our intention that
the three trees that had died would be replaced wi[h trees of comparable size
and type to those that had died. We requested Mr. Adelmann to in3icate by
placing a lath in ttie yard where he desired the trees to be transplanted.
We talked with Mr. Adelmann twice during the summer of 1979. The last time we
talke3 with him it was left that he would call us back relative to where he
wanted the trees placed and whether or not he wanted to arrange to have the
trees transplanted or wanted us to make these arrangements. lie was also to
consider whether he wanted a cash settlement for the trees that died or to have
them replaced. Herb did not call me back after that conversation.
Page 1.
,,
Mr. Paul Hauge, Atty.
St. Paul, Mn. 55122
i:e: File No. 4953
,Ianuary 10, 1980
Later I[alked with Mrs. Adelmann who informed me they had negotiated with a
nursery to have the trees transplanted using a tree spade and to replace the
three dead trees with similar tiees. I asked her to give me the quotation on
doing this work so that we could proceed to have the necessary authorization
for this work. This was early in the fall of 1979. We received no further
word from Mrs. Adelmann.
To the best of my knowledge, the only unresolved item is to have the tree
transplanting and replacement taken care of. All of the other restora[ion
work was satisfactorily accomplished. ,It is noted that Mr. Gonnally's
evaluation is based mainly on the acquisition of additional right-of-way for
street purposes. It is not necessary that the easement for street purposes
be acquired. The only easement we require is that necessary for the buried
storm sewer pipe which should not in any way depreciate the value of the proper-
ty. As far as traffic.,noise and pollution, the storm sewer has.not caused any
adverse condition to this property relative to those i[ems. It should he
noted that the construction of the new?Cedar Avenue Freeway wiZl minimize all
three of these items by removing most of the traffic from Cedar Avenue upon
its completion. '
Please advise if we can be of further assistance on this projecr.
Yours very truly,
BONESTROO, ROSENE, AHDERLIK & ASSOCIATES, INC.
/.,
Robert W. Rosene
RWR:li
cc: Tom Hedges
Tom Colbert
Page 2.
/D-a3aoa - o ic -z9
' .. CITY OF EACAN ???45ti
ASSGSSMENT AGREEMENT
LAND USE DIFFERS FROM ZONINQ
PRO,IECT N0. A/60,4
TNIS AGREEMENT dated this 6ch day of Occober , 198$, between the
CITY OF EAGAN, (called City), and Ilerbert & Ellen Adelmann (called
Ouner) of 4325 Nicols Road ,(address);
WHEREAS, the City proposes to assess the follouing deseribed premises
owned Cy Owner: (legal description)
E 250 tT OF S 270 F OF N 840.99 FT OF S 1682.66 FT
? OF E 1/2 OF NW 1/4 SECTION 30, T 27, R 23
?. _. . -
<
for the folloWing improvements pursuant to City Project 460A
WHEREAS, such assessments would normally be based upon the present zoning
classificatian of said premises, that is, ; _=d
WHEAEAS,.the present use of said property is different from said zoning
classification and i'f zoned at the present use, assessments would be for
zoning.
NOW THEREFORE, upon consideration of the mutual covenants herein, the
parties agree as follous:
1. The City agrees to assess said property for the Project and purposes
described above as if it were zoned Single Family at the rates nou in
existence for property so zoned.
2. The Ouner agrees for himself, his heirs, executors, administrators,
successors, and assigns, that lf the aetual use of said property is changed in
the Tuture to a use or zoning cate3ory uhich is assessahle at a higher rate
than the raLe £or the presenb use, the City may reassess or levy a supple-
mental assessment aG such time equal to the differenee between the assessment
for the neu land 'uge and the assessment for the present land use at the
assessment rates, aecording to City policy, in effect at such future time.
3. a. The Owner for himselE, his heirs, executors, adminiscra[ors,
successors, and assigns waives any and all objections to the City's right
to reassess the property in conjunctiori wt[h the Yrojec[ iE the actual
use and/or the zoning for the property is changed. Fur[lier, the Owner
waives any and all objec[ions [o the present assessments agreed to herein
and [o the proceedings rela[ed [hereto.
b- By execu[ing this Agreement, the Owner does not waive
the burden of the City to establish the bencfte received by the proper[y
under the Projec[ at [hc [imc of the changc In usc or zoning.
4. Other conditions:
The undersigned have read and understand the above agreement and hereby
bind themselves to it in all respects.
OWNER
`?vdj?',Yl/ 0
JdfJ,n i/??111,1
This Document Drafted By_
Hauge, Smlth, Eide 6 Keller, P.A.
3908 Sibley Memorial Highway
Eagan, Minnesota 55122
CIT
By:
Att
A?P ?i??P?ub l i c? W?qr?%W.1r_rec t or
EXEMPT FROM STATF. DfiED TAX
w
i .. •
_SoJ
STATE OF MINNESOTA)
) $9• CITY ACKNOWLEDGEMEN'f
COUNTY OF DAKOTA ) 4
On this B-(µ day of Na.4evni.?.Y , 1989, before me Notary Publie
within and for said County, personally appeared and EUGENE
VANOVERBEKE to me personally known, who being each by me duly sworn, each did
say that they are respeetively the Mayor and Clerk of the CITY OF EACAN, the
municipality named in the foregoing instrument, and that the seal affixed to
said instrument was signed and sealed on behalf of said municipality by
authority of its City Council and said Mayor and Clerk acknowledged said
insLrument to be the free act and deed of said municipality.
A. L'E
? 5` NUIr.',cYS _ NnntIUTAN
? Dqi G7 C:LN(Y
.... Mvcommisar x i? ?i-2:fA3
STATE OF MINNESOtX""'"
COUNTY OF PERSONAL ACKNOWI,EDCEMENT
On this day of 198d; before me a Notar Public within
and for said County, personally appeared a-21jirr
to me known to be the person 4,1 deseribed in and who executed the foregoing
instrument and acknouledged that executed the same as lXet'ree act
and deed. .,,_ ., n
. M ^?,JCO ???i?R Z'
rtN,Mn?M H;P.RY ?U8'?16' e1lNNYY
NntaD °?,P'uesMY27,t989 r
?'h1Y?om
•
?
OFFICE OF THE COUNTY
RECORDER-DAKOTA COUNTY, MN.
CERTIFIEO THAT THE WITHIN
INSTRUMENT WAS FILED FOR
RECARD IN TH1S OFFICE
ON AND AT
PEr P, Al PH °??
??SA158
ooc. No
JAMES N. DOLAN, COUNTY RECOROER
DEPUTY ?L FEE Jo.oZ'
CASH ? CHECK La CHARGE ?
CHARGE WHOM EQ?z- n
REFUNO
DO NOT REMOVE
City O-P EQSe"' n
3 -1?
?
`.. : Y. y •. .' r ?
Page 21/CITY COUNCIL MEETING MINUTES
October 6, 1988
He stated the City should deal with the second issue at the time
of the develognent. He further stated the appraisal amount was
separate from the issue of the f uture development.
Mr. DesLauriers reiterated hfs concerns. There was mnch
discussion zegarding the ponding and the assessments.
Egan moved, Gustafson seconded, the motion to close the public
hearing and approve the final assessment ro21 for Project 944R
(Holland Lake Storm Sewer) as it pertains to Parcel 10-02600-011-52,
as recommended by the Special Assessment Committee, and authorized
its certification to the County. Wachter, Gustafson, Ellison and Egan
voted in favoc; McCrea votea against.
_------ -- )
PItC1JECT 46UA,- NICHOLS ROADe pr,ticaL ro=a3ooo-.Ol.Q-29-1
?------ ----- -- ---- -- - ----- -- --
Public Works Director Tom Colbert informed the Council the
affected ptoperty was properly assessed in accordance with its zoning
classification, and opportunities to reduce the assessment in
accordance with its present use were extended to the property owner.
Therefore, it was the staff's recommendation that the original
assessment be reaffirmecl based on its zoning classification or that
the reduced assessment be certified subject to the timely esecution
of the required agreements.
Mr. Adelman stated that he agreed to the $4,500.00 amount but
would not sign the agreement. He stated he would like the matter
settled. He informed the Council that he had lived on the property
for 29 years. Councilmember Egan informed Nlr. Adelman that unless be
took the step to re-zone, nothing would happen and that he had
complete control of the matter. Mr. Egan explained the effect of the
agreement. He stated it was a non-issue. Mayor Ellison atated he felt
it was fair to tax commercial higher than residential. Mr. Colbert
stated the agreement allows a way to find the esact amount ff the use
was changed.
McCrea moved, Egan seconded, the motion to close the public
hearing and reaffirm the final assessment ro11 for Project 460A
(Nichols Road) as it pertains to Parcel 10-03000-010-29 and authorize
its certification to the County. All voted in f avor.
PRQ7SCP 460At NIC90LS EOAD* LOT 1t BLOCIC 2a CgDAR RIDGB 1ST llDDITIOH
Public Works Director Tom Colbert informed the Council the
assessments were properly calculated and allocated in accordance with
adopted policies and proce6ures for all similar zoned-type property.
Based on the appraisal by the City verifying an increase in market
value at least equal to the amount of the proposed assessments, it
was the staff's recommendation that the original assessment as
proposed be reaffirmed.
VII. NEW BUSINE55 (CONTIDNED)
D. PROJECT 460A, NICOLS ROAD - STREETS & UTILITIES
1. Herb Adelmann (Parcel 10-03000-010-29)
INFORMATION
Project 460A provided for
Cedar Avenue) from an old
urban street section with
public hearing approving
1986, with construction 1
assessment hearing held on
the reconstruction of Nicols Road (Old
rural County road ditch section to an
curb and gutter and trailways. The
this project was held on February 18,
3eing completed in 1987 and the final
September 15, 1987, At that time, the
pro erty owner submitted the written objection enclosed on page
This property currently carries a commercial zoning under
t e•Limited Business (LB) classification. Its use is currently
under-utilized by the presence of an existing single family
dwelling which is the homestead of Mr. and Mrs. Adelmann.
Enclosed on pages LoL through (J_2_ are maps referencing this
parcel to the improvements as well as calculation sheets showing
the amount of the proposed final assessments.
In accordance with Special Assessment Policy 82-2 (enclosed on
page (?10), this property owner was given an opportunity to
reduce the proposed assessments to ,? subject to the
execution of the appropriate agreement in accordance with this
Special Assessment policy.
STAFF RECOMMENDATIONS
The affected property was properly assessed in accordance with
its zoning classificaion, and opportunities to reduce the
assessment in accordance with its present use were extended to
the property owner. Therefore, it is the staff's recommendation
that the original assessmerit be reaffirmed based on its zoning
classification or that the reduced assessment be certified
subject to the timely execution of the required agreements.
COMMISSION RECOMMENDATIONS/COMMENTS
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OBJECTION TO SPECIAL ASSESSMENT
PROJECT #460A
('A2cL t- ia- 030a0 - oio - Z 9
Herbert and Helen Adelmann, the ocaners of property located
at 4325 Nicols Road, Eagan, Minnesota, hereby object to the
proposed special assessments against their property.
Attached hereto as Exhibit A is a copy of the Notice of
Special Assessment to which the undersigns object.
Dated this 14th day of September, 1987.
? 'oL?e???Z2
HERBERT ADELMANN
`& /c nJ CZQ?1"zaae4_y'
H EE,L LMANN
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LAND USE
GUIDE
PLAN
RE9OENTIAL
R-I single family (03unit/ocre)
R-II mixetl resitlentiol(36undlacre)
R-III mixed residentiol (6.72umR/ecre)
R-N multiDle (-RUnrtJccre)
INDUSTRIAL
Intl. Industriol
R&D research&developmeni
GOMMERCIAL
LB limitetl business
N6 rieighborhood business
GB 9eneral business
CY community shopping center
FSC regionol ShopPing center
R8 roatlsitle business'
OPEN SPACE
P porhs,quasi puElic
E,M,HS,scnools
FEB. 1980
, CITY OF FAGAN
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""""• COMMERCIAL/INDUSTRIAL
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GROVE N0. 4
. NICOLS ROAD
PEACEFt
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14
,
FINAL ASSESSMENT ROLL
IQICOLS ROAD
PROJECf 460A
Parcel
Descriptioa
Section 30
ot1-25
020-25
030-25
011-27
?? 010-29
Peacefu_ 7, g? s
Outlot A
Hlk 1, Lot 1
Cedar Ridge tst
Blk 1, Lot 1
Blk 1, Lot 3
Blk 2, Lot t
Cedar Grove 2nd 9ddition
191-08
192-08
Cedar Grove 4th 9dditioa
241-0&
Cedar Cliff Commercial park
BZk 1, Lot 1
Blk 2, Lot 1
Mari Acres
Blk 1, Lot 1
Front
Footage
/YO
-289
75
100
596
270
*209.99
*161.00
225.00
*131.67
*275
150
712
387.80
¦234.92
•256.68
•205
Rate Hater Total
(Per FF) Service Assessment
$90.26(l)
90.26(1)
90.26(1)
90.26(l)
90.26(>)
/G.PS
/z? 63L vv
$ +8 -1959100
6,769.50
9,026.00
53,794.96
24,37?0.20(2).t-.
*J?o
N s-?7 6?4'
$33.75 $7,087.16
33.75 5,433.75
$78.45 $77,651.25(2)
10,329.51
78.45 21,573.75
$90.26(l) $13,539.00
90.26(>) 64,265.12
$33.75 $13,088.25
$78.45 $18,429.47
78.45 20,136.55
.
Mari Acres nd Addition
Blk 1, Lot 1 326.90
Slk 3, Lot 1 693.39
Blk 3, Lot 1 195.00
? Indicates corner lot credit
$90.26(>) $18,503.30
$90.26(l) $29,505.99
90.26?;? ; 62,585.38
90.26 17,600.70
Includes $11,81/FF for trailway 0
(2) Assessment may be reduced in accordance to Special Policy /!$2_2 with
execution of appropriate agreements
•? Assessment obligation without the execution of the appropriate agreements.
POLICY # 82-2
EXISTING LF1NI) USE VS ZONIIVG
SUBJECT: Assessrents against land whose present use is di£ferent fran
the current underlying zoning.
POLICY: Where the existing land use is different (less than the high-
est and best use pennitted by current zoning) than tlie current
underlying zoni.ng, all trunk area and/or lateral benefit assess-
ments against the property in question shall be levieci in ao-
oordance with the current underlying zoning and not in accor-
dance with the cursent land use unless the attached standard
agreesrnnt is notorized and executed by all persons holdinq in-
terest in the title to the property. Euture rates would be cal-
culated in accordance with Policy 82-1.
CBJECrIVE: The pur.pose of this policy is to provide a merhod by which pro-
Perty owners whose land is developed at a use that is less than
permitted by the current zoning, may receive consideration for
assessrenrts being levied in accordance with the property's pre-
sent use and defer the additional assessrents until the curnent
use is upgraded tn a use pezmitted by the underlying zoning.
JUSTIFICATION: While txvnk utilities are planned, designed and wnstructed
based on the highest and best use of all propesty i.n the City
in acmrdance with the Carprehensive Guide Plan and/or current
zoning, their benefit is not fully realized by land that is
presently developed at a use less than alla,ned by the current
zoning. Further, if the property is presently developed at a
different use, it is assured that it would not change in the
foreseeable future.
Reviewed and acted upon by:.
CITY COUNCIL: "
? APProved 71?a-Date
_ Denied Date
SPDCIAL ASSESSMENT Ca%PIITTEE:
X Approved 6-14-82 Date
Denied Date
Co g
CITY OF EAGAN
ASSESSMENT AGREEMENT
LAND USE DIFFERS FROy ZONZNG
PROJECT N0.
THIS AGRE°MENT dated this day of , 198, between the
CITY OF EAGAN, (called City), and (called
Owner) of , (address);
WHEREAS, the City proposes to assess the following descri5ed premises
owned by Owner: (legal description)
for the following improvements pursuant to City Project
WHEREAS, such assessments would nor•mally be based upon the oresent zoning
classification of said premises, that is, ; and
WHiREAS,.the present use of said property is di:ferent from said zoning
classification and if zoned at the pree;ent use, assessments would be for
zoning.
N047 THEREiORE, upon consideration of the mutual covenants herein, the
parties agree as follows:
1. The City agrees to assess said property for the Project and purposes
described above as if it were zoned at the rates now in
existence far property so zoned.
2. The Owner agrees for himself, his heirs, executors, administrators,
successors, and assigns, that if the actual use of said property is ehanged in
the future to a use or zoning category which is assessable at a higher rate
than the rate for the present use, the City may reassess or levy a supple-
mental assessment at such time equal to the difference between the assessment
for the new land use and the assessment for the present land use at the
assessment rates, according to City policy, in effect at such future time.
3• The ONner, for himself, his heirs, executors, administrators,
successors and assigns, further waives notice of any and all hearings
necessary and craives any and all objeetions to the present or future
assessments agreed to herein or to the proceedings related thereto and waives
the right to appeal such assessments.
4• Other conditions:
The undersigned have read and un
bind themselves to it in all respects.
OWNER
the above agreement
CITY OF EAGAN
This Document Drafted
Hauge, Smith, Eide ? Keller, P.A.
3908 Sibley Memorial Highway
Eagan, Minnesota 55122
By:
Its Mayor
Attest:
Its Cler;c
APPROVED: Public Works Director
EXEMPT FROM STATE DEED TAX
?? - -
arA:...
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
CITY ACKNOWLEDGEMENT
On this day of. , 198 , before me a Notary Public
Within and for said County, personally appeared BEATTA BLOMQUIST and EUGENE
VANOVERBEKE to me personally known, who being each by me duly sworn, each did
say that they are respectively the Mayor and Clerk of the CITY OF EAGAN, the
municipality named in the foregoing instrument, and that the seal 3ffixed to
said instrument was signed and sealed on behalf of said municipality by
authority of its City Council and said Mayor and Clerk acknowledged said
instrument to be the free aet and deed of said municipality,
Notary Public
STATE OF MIP7NESOTA )
i
) ss.
COUNTY OF I PERSONAL ACKVOWLEDGcMENT
On this day of , 198_, before me a Notary Public within
and for said County, personally appeared
to me known to be the person described in and who executed the foregoing
instrument and acknowledged that executed the same as
and deed. _ free act
Notary Public
STATE OF MIt1NESOTA )
) ss.
COUNTY OF 1
CORPORATE ACKNOWLEDGEMENT
The foregoing instrument was acknowledged before me this
day of
officer) 1 198by (name) (title of
a (state) , of (corp, name) '
corporation, on behalf of the corporation. ?
STATE OF MIN:JESOTA )
COUNTY OF
Notary Public
PARTNERSHIP ACKPIOWLEDGEMENT
The foregoing Snstrument was acknowledged before me this
198_, by day of
agent) on behalf of '- , partner (or
, a Partnership.
Notary Public
D