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07/17/2000 - City Council Regular
AGENDA EAGAN CITY COUNCIL - REGULAR MEETING EAGAN MUNICIPAL CENTER BUILDING JULY 18, 2000 6:30 P.M. I. ROLL CALL & PLEDGE OF ALLEGIANCE II. ADOPT AGENDA & APPROVAL OF MINUTES III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) IV. COMMENTS BY CITY COUNCIL, CITY ADMINISTRATOR & DEPARTMENT HEADS V. CENTRAL PARK UPDATE VL CONSENT AGENDA 2 A. Py B. P6D D. '1,1p E. x/11// F. 1-40 /3 G. p � H. I. J 0 /p 3 L. PERSONNEL ITEMS EXTENSION to record the final plat of Ballantrae 2nd Addition AMUSEMENT device, massage therapy establishment and service station license renewals PROCLAMATION, National Night Out, August 1 ACCEPT resignation, APrC CONTRACT 00-01, Cliff Road Water Treatment Plant restoration PROJECT 793, receive feasibility report/schedule public hearing (MVTA Transit Station - Sanitary Sewer Improvements) RECEIVE petition/order public hearing - easement vacation (Cinnamon Ridge 2nd Addition) PROJECT 680, Cliff Rd. upgrade, approve county agreement APPROVE purchase agreement to sell Wispark City -owned parcels in Kollofski's plat APPROVE acquisition agreement with Wispark regarding future development of the Kollofski's plat area EXEMPTION from lawful gambling license, Gypsy Booster Club to conduct a raffle at Gleason's Gymnastics School VII. 6:45 - PUBLIC HEARINGS 003 $' A. MINOR SUBDIVISION, Verdant Hills 2nd Addition - Kenneth Greene, located at 3582 Woodland Court in the NE'/a of Section 14 P.1 v B. MINOR SUBDIVISION, Gardenwood Ponds Fifth Addition - Brandt Engineering & Surveying, located at 902 Hyland Court in the NW Va of Section 23 pS6C. VACATION, public drainage and utility easements in Blackhawk Glen 2nd Addition (Lot 30, Block 3) and MINOR SUBDIVISION, Blackhawk Glen 4th Addition - Doug Hoskin, located at 3640 Birchpond Road in the SW '/a of Section 16 VIII. OLD BUSINESS IX. NEW BUSINESS A. 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 B. CONSIDER acquisition of Bergin property for completion of trail loop, Patrick Eagan Park X. LEGISLATIVE/INTERGOVERNMENTAL AFFAIRS UPDATE XI. ADMINISTRATIVE AGENDA XII. VISITORS TO BE HEARD (for those persons not on agenda) XIII. ADJOURNMENT XIV. 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. Updated 7-13-00 — 10:30 a.m. city of eagan MEMO MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 14, 2000 SUBJECT: AGENDA INFORMATION FOR JULY 18, 2000 CITY COUNCIL MEETING ADOPT AGENDA/APPROVE MINUTES After approval is given to the July 18, 2000 City Council agenda, the following items are in order for consideration. Due to the storm -related emergency situation in the City, staff will attempt to have the minutes of the July 5, 2000 meeting available for distribution with Monday's Administrative Packet. Agenda Information Memo July 18, 2000 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. PERSONNEL ITEMS Item 1. Seasonal Skating Instructor/Civic Arena -- ACTION TO BE CONSIDERED: To approve the hiring of Abby Smith as a seasonal skating instructor for the civic arena. Item 2. Seasonal Utilities Worker -- ACTION TO BE CONSIDERED: To approve the hiring of Nicole Kriha as a seasonal utilities worker. Item 3. Resignation/Part-time Receptionist/Police Department -- ACTION TO BE CONSIDERED: To accept the letter of resignation from Carolyn Petruga, part-time receptionist for the Police Department. Item 4. Part-time Receptionist/Police Department ACTION TO BE CONSIDERED: To approve the hiring of Jan Scott as a part-time receptionist for the Police Department Item 5. Resignation/Cascade Bay Manager -- ACTION TO BE CONSIDERED: To accept the letter of resignation from Kristi Organ, Manager of the Cascade Bay facility. a Agenda Information Memo July 18, 2000 Eagan City Council Meeting FACTS: • Kristi Organ has been appointed Director of Parks & Recreation for the City of Waconia; therefore, she will be leaving the City of Eagan. • Because of the amount of time it takes to hire a person to fill the manager's position at Cascade Bay, Office Supervisor Cherryl Mesko wiII assume any of the responsibilities of the position for the remainder of the season. • The City will proceed with hiring procedures in the fall after Cascade Bay is closed. 3 Agenda Information Memo July 18, 2000, Eagan City Council B. EXTENSION FOR RECORDING FINAL PLAT — (BALLANTRAE 2ND ADDITION) — SENTINEL MANAGEMENT COMPANY ACTION TO BE CONSIDERED: To approve an extension to October 31, 2000 for recording the final plat for Bell Lexington 2nd Addition, consisting of one lot located south of Silver Bell Road in the NW 1/4 of Section .20. FACTS: • The City Council approved the final plat on January 18, 2000, and in March the Council approved an extension for recording the final Plat to June 18, 2000. • The applicant has submitted the plat to the County, however, since the County requires payment of the 2nd half property taxes with the filing of the plat, the applicant is requesting another extension until the end of October. ATTACHMENTS: Letter from Sentinel Management dated July 6, 2000, page 3 SFNTINEL MANAGEMENT COMPANY July 6, 2000 City of Eagan ATTN: Marilyn, Planning Dept. 3830 Pilot Knob Road Eagan, MN 55122 Dear Marilyn: We are requesting an extension for recording the file plat of Ballantrae 2nd Addition until after taxes are paid by our mortgage servicer October 15, 2000. Enclosed is the $75.00 extension fee. Thank you. Sincerely, SENTINEL MANAGEMENT COMPANY z/Q1 David W. Weinber Vice President Enclosure DWW:sh 5215 EDINA INDUSTRIAL BOULEVARD • SUITE 100 • EDINA. MN 55439-3023 • 19521 831-5002 • FAX: 19521 893-0165 Agenda Information Memo July 18, 2000 Eagan City Council Meeting C. AMUSEMENT DEVICE, MASSAGE THERAPY ESTABLISHMENT AND SERVICE STATION LICENSE RENEWALS ACTION TO BE CONSIDERED: To approve the license renewals for amusement device, massage therapy establishment and service station. FACTS: • The City annually licenses parties doing business in the above -referenced categories. The licenses are in order for review and approval by the Council at this time. ATTACHMENTS: • List of renewals attached on page . 6 2000/2001AMUSEMENT DEVICE LICENSE RENEWALS Regal Cinema 2055 Cliff Road Eagan, MN 2000 MASSAGE THERAPY ESTABLISHMENT LICENSE RENEWALS Neuromuscular Connection/Mary Lou Meverden 4580 Scott Trail Eagan, MN 2000 SERVICE STATION LICENSE RENEWALS Cedarvale Texaco 3830 Sibley Memorial Highway Eagan, MN Agenda Information Memo July 18, 2000 Eagan City Council Meeting D. PROCLAMATION, NATIONAL NIGHT OUT, AUGUST 1, 2000 ACTION TO BE CONSIDERED: To approve a proclamation observing August 1, 2000 as National Night Out and to recognize the neighborhoods and apartment complexes that will be participating in this event. FACTS: • National Night Out is scheduled for August 1, 2000 from 7:00 p.m. until 10:00 p.m. • Last year, 21 neighborhoods and six apartment complexes participated. This year that number is expected to increase significantly. The organizers of these groups will receive National Night Out t -shirts as a token of our appreciation for their work in coordinating neighborhood activities. • Fifteen officers will be dedicated to visiting various groups to answer questions and visit with the residents. The Eagan Fire Department, Street Department and HealthEast Ambulance crews will also be out visiting residents along with the officers. ATTACHMENTS: • Proclamation attached on page7 8 CITY OF EAGAN PROCLAMATION NATIONAL NIGHT OUT 2000 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide, crime, drug and violence prevention program on August 1, 2000 called "National Night Out"; and WHEREAS, the "17`h Annual National Night Out" provides a unique opportunity for Eagan to join forces with thousands of other communities across the country in promoting cooperative, police -community crime prevention efforts; and WHEREAS, the Eagan Police Department plays a vital role in crime, drug and violence prevention efforts and is supporting "National Night Out 2000" locally; and WHEREAS, it is essential that all citizens of Eagan be aware of the importance of crime prevention programs and the impact that their participation can have on reducing crime, drugs and violence in Eagan; and WHEREAS, police -community partnerships, neighborhood safety, awareness and cooperation are important themes of the "National Night Out" program; NOW, THEREFORE, BE IT RESOLVED that the Eagan City Council does hereby call upon all citizens of Eagan to join with the City of Eagan and the National Association of Town Watch in supporting "17`h Annual National Night Out" on August 1, 2000. BE IT FURTHER RESOLVED that the Mayor and Council do hereby proclaim Tuesday, August 1, 2000 as "National Night Out" in the City of Eagan. Motion made by: Seconded by: Those in favor: Those against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: CERTIFICATION Its Deputy Clerk I, Maria Karels, Deputy 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 18th day of August, 2000. 7 Maria Karels, Deputy Clerk Agenda Information Memo July 18, 2000 Eagan City Council Meeting E. ACCEPT RESIGNATION, APRC ACTION TO BE CONSIDERED: Accept resignation of Kevin Gutknecht from the Advisory Parks Commission. FACTS: • Mr. Gutknecht informed the Advisory Parks Commission that he is resigning from the Commission due to personal time constraints. Mr. Gutknecht's term was due to expire January, 2002. • Since the APrC will not meet again until August, Floyd Hiar, who is currently the alternate on the commission, would be able to serve in the vacant position created by Mr. Gutknecht through the remainder of 2000. /0 Agenda Information Memo July 18 , 2000 Eagan City Council Meeting F. CONTRACT 00-01 CLIFF ROAD WATER TREATMENT FACILITY ACTION TO BE CONSIDERED: Receive the bids for Contract 00-01 (Cliff Road & Coachman Rd. Water Treatment Facilities — Masonry Restoration), award the contract to Building Restorations Corp. for the total base bid amount of $648,866 and authorize the Mayor and Deputy Clerk to execute all related documents. FACTS: • This contract provides for the restoration of the premature deterioration of the masonry facade on the Cliff Road Water Treatment Facility (Base Bid #1). Through a negotiated settlement of litigation, the City received $507,000 to apply towards this contract for Cliff Rd. This contract also provides for the scheduled and required maintenance of the masonry facade on the Coachman Rd. Water Treatment Facility (Base Bid #2). The Coachman WTF will be funded through the Water Utility's Renewal and Replacement (R&R) fund. • On June 5, 2000, the City Council approved the detailed plans and specs and authorized the advertisement for solicitation of competitive bids for Contract 00-01. At 10:30 a.m. on July 13, formal bids were received for this project. • All bids will be reviewed for compliance with the bid specifications and accuracy on unit price extensions and summations. Based on the bids received, Building Restoration Corp. is the apparent low bidder for the total base bid in the amount of $648,866. ISSUES: • Due to the uniqueness of this type of restoration and the City's limited budget for this project, several alternates to the overall base bid for the Cliff Rd WTF were included in the formal bid proposal. These are identified as follows: 1. Alt. #1. Remove and replace "soldier course" designed brick band. 2. Alt. #2. Remove concrete accent band and replace with "running bond" brick. 3. Alt. #3. Expose, prepare and repaint lintels and columns in filter room. 4. Alt. #4. Reconstruct exterior wall base flashing and weep holes. Due to the higher than expected bids received, the staff is recommending that none of the alternates be accepted and that the Contract be awarded on the basis of the total base bid (#1 + #2) only. Further evaluation will be performed to determine if certain change order modifications and/or deletions can be processed at a later date to try to more closely match the settlement budget amount. ATTACHMENTS: • Bid Tabulation, page p . // BID SUMMARY .1 ,4 ItC L p fu Z GA L p 'fl �Q N ar O nz 0 0 0 0 00 In o v, O O N M N O O 6,ce'9 6699 EA 649 649 V> 0 0 0 0 000 0 sD h _ 0 4944 a O 00 'n N O v1 EA 69 k N O N O O 0 00 fel to O O O M 00 M 0 "O r- .0 r in V N O N 69 69 6A 49 EA M— 4.9 fA O O O O 0 .1 O vi O O M O O O b .Mn r .' 69 •47 rn 699 fA 69 fA fA 0 0 O CO O O M vl P N O -- O 'O y p C M 'n vi v' Z Erl 4/9 E 649 499 O M v O 0 'O O kO N oo T O oo O 'O 00 N N c{ 0 0 'b 00 0 V 0 COOf o + R '0 r0 00 EA fA 6'3 Fa fAA 6�9 649 6�9 m a t w - a O u. = 4J N 6 u E =o = d .y et ul d T C G 6 E L C O 0 O .E C w ' w i L Z w w ° = V 2 L C Q °' w v 3 0 y° ''',A c .E V Z v i aoc sZ x a c� 3 CO w C y C V /C 7 y i 11 O L p y E, 'O O Z• U Oi O p 'o y Ct C _ U U wcg h a. A E'iv -a m°ixCw7 V ° �U co c °�' U 7 GU 6m E . ni r. v U U a° ci aa. Agenda Information Memo July 18, 2000 G. PROJECT 793, MVTA — EAGAN TRANSIT STATION SANITARY SEWER IMPROVEMENTS ACTION TO BE CONSIDERED: To receive the feasibility report, approve Project 793 (MVTA, Eagan Transit Station—Sanitary Sewer Improvements), authorize the preparation of final plans and specifications for Contract 00-12 and authorize the advertisement for a bid opening to be held at 10:30 a.m. on Thursday, August 31, 2000. FACTS: • On June 5, 2000, the City Council accepted a petition from Beverly Miller and Cathy Busho, representatives of the Minnesota Valley Transit Authority (MVTA), requesting the installation of sanitary sewer improvements for the MVTA Transit Station at the southeast corner of Pilot Knob Road and Yankee Doodle Road. Subsequently, the City Council authorized the preparation of a feasibility report for Project 793. • The extension of the sanitary sewer will provide public sewer for the MVTA Eagan Transit Station and the proposed on-site commercial development. • The MVTA has agreed to waive its right to the Public Hearing process and any objections to the assessment, which will be levied solely against the MVTA property. Due to the Minnesota .Valley Transit Authority being the only affected and assessed property owner for Project 793, a Public Hearing is not required by State Statute. • A feasibility report has been completed and is being presented to the City Council for their information and for their consideration of approving the public improvement process that will allow the City to finance the improvements through Special Assessments. • Based on the Minnesota Valley Transit Authority's improvement schedule, it would be appropriate for the City Council to authorize the preparation of plans and specifications by City staff for the construction of the sanitary sewer improvements and also authorize the advertisement for a competitive bid solicitation. ATTACHMENTS: • Feasibility Report, attached without page numbers. /3 Agenda Information Memo July 18, 2000 H. CINNAMON RIDGE 2ND ADDITION (LOT 13, BLOCK 1) EASEMENT VACATION ACTION TO BE CONSIDERED: To receive the petition to vacate public drainage and utility easements and schedule a public hearing to be held on August 15, 2000. FACTS: • On June 14, 2000, City staff received a letter from Paul Plitzuweit, resident at 4537 Cinnamon Ridge Trail, requesting the vacation of a portion of the existing drainage and utility easements on Lot 13, Block 1, Cinnamon Ridge 2nd Addition, southwest of the intersection of Cinnamon Ridge Trail and Slater Road. • The easement was originally dedicated to the City as part of the Cinnamon Ridge 2nd Addition for drainage and utility purposes. The easement accommodates existing site drainage. • The purpose of the request is to allow Mr. Plitzuweit to construct a new deck at the rear of his house on Lot 13. The configuration of the proposed deck would encroach upon some of the existing drainage and utility easement. • The request would vacate only the portion of the existing easement needed for the proposed deck. The remainder of the easement is necessary for overland drainage from the adjacent properties. • 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: • Legal Description, graphic, page. • Location Map, page /6 . L 4S Lot 13,BIock 1 Cinnamon Ridge 2nd Add. 4537 Cinnamon Ridge Tr Cinnamon Ridge Trail Existing Drainage & Utility Easement / 0 v G:VACATIONS/Cin_Fildge2ndFc2 4th 0 Easement Vacation Location Map Lot 13,BIk. 1, Cinnamon Ridge 2nd Add. City of Eagan Fig. 2 /S // r DIFFLEY r VIVO v ARK Q 0 6 a [ZIRCON J [LN. J 12L LN OI w z 0 z 0 0 GLCsnt"• HIPMU`N�K CT. �� TIMBER 4,O GLORY DR. METCALF DR. RIVER HILLS PARK SHALE PROPOSED VACATION MEAD01 PARK 1.FREMONT COVE 2.JAN ECH TR. 3. OVERLAND CIR. 1. 5.- ERIN DR. CLIFFVIEW 7. OAO LIFFHfLL N E CLIFF LAKE ( CO. RD. 32 ) L RAHNCLIFF CO WESTWOO �- WOODHIL 0 'CT. U NANCY CIR. GECF CIR. 93. 0 w F- 'VIBURNUM TR. WEN, \--1:47) JAMES JAMES G:VACATIONS/Cin_Rldge2nd_Flgl ;6/• KINGS RD. July 10, 2000 Easement Vacation Location Map Lot 13,BIk. 1, Cinnamon Ridge 2nd Add. /6 Fig. 1 Agenda Information Memo July 18 , 2000 Eagan City Council Meeting I. PROJECT 680, CLIFF ROAD UPGRADE ACTION TO BE CONSIDERED: Amend the Feasibility Report, Preliminary Assessment Roll and approve the Cost Participation Agreement with Dakota County for City Project 680 and authorize the Mayor and Deputy clerk to execute all related agreements. FACTS: • On February 15, 2000, the City Council held a public hearing and subsequently approved Project 680 providing for the upgrade of Cliff Road (County Road 32) from Pilot Knob Road to Lexington Ave from its current 2 -lane rural design to a 4 -lane divided urban roadway. • As part of this public improvement, the City had identified potential assessable properties benefiting from this improvement. The Dakota County Lebanon Hills Regional Park (LHRP) was identified as one of those benefiting properties. According to the City's assessment policies, the LHRP was proposed to be assessed $206,700 for benefits from street, storm sewer, water lateral and water services for approximately 1750 feet of Park frontage. This assessment obligation is based on multiple/high density assessment classification rates. • In order to accomplish this project, additional right-of-way has to be acquired from numerous properties including 3.2 acres of LHRP. The City of Eagan's 45% share of the $175,000 County land acquisition cost would be $78,750. ISSUES: • Originally, the County stated that they could not be obligated by any local assessments. After several negotiating sessions, the County is now willing to dedicate the necessary easements and rights of way at no cost in consideration of the City assessing the LHRP at the City's low density residential/agricultural rates. This will result in an assessment obligation of approximately $69,500. • State Statutes specifically exempt Regional Park land from any local assessments unless agreed to by both agencies. City staff has not processed the County Highway cost participation agreement for approval until this issue could be resolved. If this latest offer from the County is accepted by the City Council and the feasibility report amended accordingly, it would then be appropriate for the Council to also approve the cost participation agreement so that the project can proceed as planned. /7 Agenda Information Memo July 18, 2000 Eagan City Council Meeting J. APPROVE PURCHASE AGREEMENT ACTION TO BE CONSIDERED: ➢ Approve Purchase Agreement with Wispark Corporation for the sale of five city - owned Kollofski Plat parcels located in north central Eagan. FACTS: • The City Council determined to sell the parcels to Wispark at a Special Council meeting held earlier this year. • Staff and representatives from Wispark have negotiated the terms and value of the subject properties. • Wispark has executed the purchase agreement. ATTACHMENTS: (1) Purchase Agreement, page 1 ! through a./ . VACANT LAND PURCHASE AGREEMENT Date: June 7.1", 2000 Page I of 3 Pages Received from WISPARK CORPORATION, a Wisconsin Corporation, the sum of Five Thousand and No/100ths Dollars ($5,000.00) by check as earnest money to be deposited upon acceptance of Purchase Agreement by all parties, on or before the next business day after acceptance, but to be returned to Buyer if Purchase Agreement is not accepted by Seller. Said earnest money is part payment for the purchase of the property located in the City of Eagan, County of Dakota, State of Minnesota, legally described as: Lots 2, 3, and 4, Block 1; Lots 3 and 4, Block 2, Kollofski's Plat including the following property, if any, owned by Seller and located on said property: plants, shrubs and. trees; and also the following personal property: none (the "Property"). All of which Seller has this day agreed to sell to Buyer for the sum of: One Hundred Seventy -Five Thousand Five !kindred Sixty and no/I 00 ($175,560.00) Dollars, which Buyer agrees to pay in the following manner: Earnest money of $5,000.00 and the balance of $170,560.00 cash on or before the date of closing, to be the later of July 31, 2000 or the time of acquisition of the "Imre Property" and execution of a Purchase Agreement for the same between Buyer and Seller. Seller grants permission of access to the property for testing and surveying purposes. SPECIAL CONTINGENCIES: This Purchase Agreement is subject to the following contingencies and if the following contingencies cannot be satisfied or waived, in writing, by Buyer, on or before November 1, 2000, this Purchase Agreement shall become null and void and all earnest money shall be refunded to the Buyer. Buyer, may at its option, waive the contingencies and perform this Agreement by closing prior to the expiration of the contingency period. Buyer and Seller agree to sign a Cancellation of Purchase Agreement in such case: (a) Buyer obtaining titlejj,the "Imre Property," more particularly described and depicted on the attached Exhibits "A-1 through A-8," or in the alternative, Seller acquiring the "Imre Property" and conveying the same together with any vacated right-of-way, to Buyer at the cost of the City in acquiring the "Imre Property," including but not limited to, appraisal costs, attorney fees, commissioners' fees, and condemnation costs, subject to a future purchase agreement to be worked out between the parties; (h) Seller vacating those portions of Linde Avenue and Lawrence Avenue adjoining the Property which is the subject of this Agreement as well as the "linre Property," and conveying the same to Buyer at the cost of Two Dollars and No/100ths Dollars ($2.00) per square foot, with the total area to be determined; and, (c) Seller rezoning the property to Business Park. PLEASE NOTE: Buyer may incur additional charges improving the property including but not limited to: Hook-up and/or access charges, municipal charges, costs for sewer access, stubbing access, water access, park dedication, road access, utility connection and connecting fees, curb cuts and tree planting charges. To the best of the Seller's knowledge there are no hazardous wastes, abandoned wells, or underground storage tanks, except as herein noted. Seller warrants that the property IS NOT in the designated 100 year flood plain area. DEED/MARKETABLE TITLE: Upon performance by Buyer, Seller shall deliver a Limited Warranty Deed conveying marketable title, subject to: (A) Building and zoning laws, ordinances, state and federal regulations; (B) Restrictions relating to use or improvement of the property without effective forfeiture provisions; (C) Reservation of any mineral rights by the State of Minnesota; (D) Utility and drainage easements which do not interfere with existing improvements; (E) Rights of tenants as follows: None; (F) Permitted encumbrances shown on a title commitment or survey which are not objected to by Buyer within the time allowed under this Agreement. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. I 9 Date: June 2 2000 Page 2 of 3 Pages TITLE & EXAMINATION: Seller shall, within a reasonable time after acceptance of this agreement, furnish an abstract of title, or a registered property abstract, certified to date to include proper searches covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments. Buyer shall be allowed 20 business days after receipt of abstract for examination of title and making any objections which shall be made in writing or deemed waived. If any objection is so made, Seller shall have 20 business days from receipt of Buyer's written title objections to notify Buyer of Seller's intention to make title marketable within 120 days from Seller's receipt of such written objection. If notice is given, payments hereunder required shall be postponed pending correction of title, but upon correction of title and within 10 days after written notice to Buyer the parties shall perform this Purchase Agreement according to its terns. If no such notice is given or if notice is given but title is not corrected within the time provided for, this Purchase Agreement shall be null and void, at option of Buyer; in such case, neither party shall be liable for damages hereunder to the other, earnest money shall be refunded to Buyer; and Buyer and Seller agree to sign cancellation of Purchase Agreement. Buyer agrees to accept a commitment for an owner's title policy in the full amount of the purchase price in lieu of an abstract of title if the property is subject to a master abstract or if no abstract of title is in Seller's possession or control. If Buyer is to receive such a commitment, (1) the title examination period shall commence upon Buyer's receipt of a current title insurance commitment and (2) Seller shall pay the cost for such commitment. REAL ESTATE TAXES shall be paid as follows: Buyer shall pay, prorated from day of closing real estate taxes due and payable in the year 2000, and all real estate taxes due and payable in the years 2001 and thereafter. Seller shall pay, prorated to the day of closing real estate taxes due and payable in the year 2000 and all real estate taxes due and payable in the years prior to 2000. In the event the closing date is changed, the real estate taxes paid shall, if prorated, be adjusted to the new closing date. Seller warrants taxes due and payable in the year 2000 will be NON -HOMESTEAD classification. SPECIAL ASSESSMENTS shall be paid as follows: BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING all installments of special assessments certified for payment with the real estate taxes due and payable in the year of closing. BUYER SHALL ASSUME on date of closing all other special assessments levied as of the date of closing. BUYER SHALL ASSUME special assessments pending as of the date of closing for improvements that have been ordered by the City Council or other assessing authorities. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided. ACCEPTANCE: Buyer understands and agrees that this Purchase Agreement is subject to acceptance by Seller in writing. Agents are not liable or responsible for any covenants, obligations or warranties made in this Purchase Agreement, except the agents are liable to return or account for the earnest money. The delivery of all papers and monies shall be made at the offices of Severson, Sheldon, Dougherty & Molenda, P.A., 7300 West 147th Street, Suite 600, Apple Valley, Minnesota 55124. INSPECTION: Buyer has the right to inspect property prior to closing. GENERAL WARRANTIES: SELLER WARRANTS THAT THERE IS A RIGHT OF ACCESS TO THE PROPERTY FROM A PUBLIC RIGHT OF WAY. SELLER WARRANTS THAT PRIOR TO THE CLOSING DATE PAYMENT IN FULL WILL HAVE BEEN MADE FOR ALL LABOR, MATERIALS, MACHINERY, FIXTURES OR TOOLS FURNISHED WITHIN THE 120 DAYS IMMEDIATELY PRECEDING THE CLOSING DATE IN CONNECTION WITH CONSTRUCTION, ALTERATION OR REPAIR OF ANY STRUCTURE ON OR IMPROVEMENT TO THE PROPERTY. SELLER WARRANTS THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY GOVERNMENTAL AUTHORITY AS TO VIOLATION OF ANY LAW, ORDINANCE OR REGULATION. IF THE PROPERTY IS SUBJECT TO RESTRICTIVE COVENANTS, SELLER THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. ao Date: lune 7/000 Page 3 of 3 Pages WARRANTS THAT SELLER HAS NOT RECEIVED ANY NOTICE FROM ANY PERSON OR AUTHORITY AS TO A BREACH OF THE COVENANTS. ANY NOTICES RECEIVED BY SELLER WILL BE PROVIDED TO BUYER IMMEDIATELY. RISK OF LOSS: If there is any Toss or damage to the property between the date hereof and the date of closing, for any reason including fire, vandalism, flood, earthquake or act of God, the risk of Toss shall be on Seller. If the property is destroyed or substantially damaged before the dosing date, this Purchase Agreement shall become null and void, at Buyer's option, and earnest money shall be refunded to Buyer; Buyer and Seller agree to sign cancellation of Purchase Agreement in such case. DEFAULT: If title is marketable or is corrected as provided herein, and Buyer defaults in any of the agreements herein, Seller may terminate this Purchase Agreement and payments made hereunder may be retained by Seller as liquidated damages. This provision shall not deprive Seller of the right to recover damages for a breach of this Agreement. If Seller defaults, Buyer's sole remedy is the return of earnest money and the payment of out of product expenses not to exceed $2,000.00. Neither party shall have the right to specific performance against the other party. TIME OF ESSENCE: Time is of the essence in this Purchase Agreement. ENTIRE AGREEMENT: This Purchase Agreement, any attached exhibits and any addenda or amendments signed by the parties, shall constitute the entire Agreement between Seller and Buyer, and supersedes any other written or oral agreements between Seller and Buyer. This Purchase Agreement can be modified only in writing signed by Seller and Buyer. POSSESSION: Seller shall deliver possession of the property immediately after closing. BUYER & SELLER INITIAL: Buyer(s) ) Y Seller(s) 1/We, the owner(s) of the property, accept this agreement and authorize the listing broker to withdraw said property from the market, unless instructed otherwise in writing 1/we agree to purchase the property for the price and on the terms and conditions set forth below. 7ua1t LL, 2o& Date Date CITY OF EAGAN WISPARK C ' • RATIO By: By: Patricia Awada Its: Its: Mayor Maria Karels By: Its: Its: <4.s .- Wee (11rni—/ City Clerk. Date of Final Acceptance: THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. Agenda Information Memo July 18, 2000 Eagan City Council Meeting K. APPROVE ACQUISITION AGREEMENT ACTION TO BE CONSIDERED: > Approve Acquisition Agreement with Wispark Corporation in association with the sale of five city -owned Kollofski Plat parcels located in north central Eagan. FACTS: • To facilitate redevelopment, the City Council determined to sell five City -owned parcels to Wispark and to assist with parcel assembly, if necessary, at a Special Council meeting held earlier this year. • Members of the Council expressed an interest in Wispark's development plans for the area. • Wispark has agreed to cover all City costs associated with condemnation, if necessary. • Wispark has submitted conceptual development plans for the area. All development will be subject to City approvals. ATTACHMENTS: (1) Acquisition Agreement, page �.3 through 0s ACQUISITION AGREEMENT This Acquisition and Development Agreement ("Agreement") is entered into as of this day of , 2000, by and between the CITY OF EAGAN, a Municipal Corporation, ("City") and WISPARK CORPORATION, a Wisconsin Corporation, ("Wispark"), collectively, ("Parties"). WHEREAS, it is believed that Mary E. Imre is the owner of real estate depicted and described on the attached Exhibits A-1 through A-8 ("Property"); and WHEREAS, the City desires to have the Property developed in a manner consistent with the surrounding area; and WHEREAS, Wispark intends to develop the Property to conform to a comprehensive plan to be approved by the City; and WHEREAS, the City intends to acquire the Property through the use of eminent domain and to subsequently sell the Property to Wispark pursuant to the terms of a purchase agreement that will be executed by the Parties; and WHEREAS, prior to the commencement of eminent domain proceedings, the City has requested and Wispark is willing to make payment to the City for all costs incurred by the City in acquiring the Property and transferring the Property to Wispark, including but not limited to, attorneys' fees, appraiser fees, acquisition costs, and court costs, as well as any other charges incurred by the City in the acquisition of the Property through eminent domain. NOW THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: a3 1. Acquisition of the Property. The City shall pursue acquisition of the Property through negotiation or condemnation. 2. Obligation to Acquire Property. Upon the City obtaining title to the Property, Wispark shall enter into a Purchase Agreement with the City for purchase of the Property, which Purchase Agreement shall be in substantially the same form as Exhibit "B" attached hereto. 3. Purchase Price for the Property. The purchase price for the Property shall be all costs incurred by the City in acquiring the Property and transferring the Property to Wispark, including, but not limited to attorneys' fees, appraiser fees, acquisition costs and court costs. Notwithstanding the above, Wispark shall indemnify the City for all actual costs incurred in regard to the City's acquisition of the Property and transfer of the Property to Wispark. 4. Letter of Credit. As security for the indemnification set forth in paragraph 3 above, Wispark shall, within twenty (20) days following receipt of the City's appraised value for the Property, provide a letter of credit for one and one-half (1'V2 ) times said appraised value. Said letter of credit shall be in a form approved by the City Attorney. 5. Development Requirement for the Property. Wispark shall develop the Property in a manner consistent with plans to be approved by the City and conceptually set forth on Exhibits "C-1" through "C-9." Dated: CITY OF EAGAN By: Patricia E. Awada Its: Mayor By: Maria Karels Its: Deputy Clerk Dated: c71c, . 22. 2(220 STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) WISPARK CORPORATION, a Wisconsin Corporation The foregoing instrument was acknowledged before me this day of , 2000, by Patricia E. Awada and Maria Karels, the Mayor and Deputy Clerk of the City of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF Dai t i ) The foregoing instrument was acknowledged before me this 22rrJ day of , 2000, by fire r► -'j S, ANdier l-k/kehe VP Sr; VF" of SPARK CORPORATION, isconsin corporation, on behalf of the corporation. 3 144.-14.1c/ Notary Public APPROVED AS TO FORM: City Attorney's Office Dated: APPROVED AS TO CONTENT: Public Works Department Dated: THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley, Minnesota 55124 (612) 432-3136 DEVELOPMENT VISION (97 EXHIBIT C-1. DEVELOPMENT VISION WISPARK's vision for this area is consistent with the City's land use guide; namely a "Master Planned Business Park" which will compliment the neighborhood's other business parks (The Waters and Eagandale Industrial Park). This area serves as the gateway to Eagan and is strategically located between four key arterial highways: I -35E, I-494, State Highway 149, and State Highway 55. The property contains a 20 -acre lake at its center, which will serve as the focal point for the business park. WISPARK has constructed a 1 -mile walkway around the lake for the enjoyment of the business park's tenants and their employees. The business park will contain a mix of office, office/service, and office/warehouse buildings. We have enclosed herein WISPARK's development plan for the land it currently owns as well as for the land it is actively seeking to acquire. F A IIBiT C-2 c,381 D M. EXIIIBITcl '111!!!!!! lag m® !#■■|! «! 30EXHIBIT c-4 u PLANS FOR CITY OWNED PROPERTY PLANS FOR CITY OWNED PROPERTY We are requesting that the City sell their five lots to WISPARK at their appraised value (to be determined by a third party appraiser acceptable to the City). WISPARK intends to integrate the land into its overall park design and marketing program. WISPARK has currently listed the business park with CB Richard Ellis and Equity Commercial Services, Inc. CB, Equity, and WISPARK have developed a comprehensive marketing program, which includes the following elements: • Project signage • Collateral material • Direct mail program • Project advertising In addition, WISPARK is directly calling on businesses currently located in this area of the Twin Cities Metropolitan market to generate business activity for Grand Oak Business Park. WISPARK plans to develop all of the land within the park over the next 2-3 years. We would encourage the City to require any purchaser of its land to develop the land within a specified period of time (1-2 nears) as well as requiring the development plans for the property to be incorporated into the overall master plan for the quadrant so that the area represents a first class business environment (i.e. continue the walking trail around the lake as an amenity for the business park's tenants, coordinating ingress/egress, landscaping, etc.). WISPARK will construct an approximately 40,000 SF single -story office/service center building which will be very similar to the 43,000 single -story office/service center building which is currently under construction for Quorum/Lanier within the Grand Oak Business Park. We have attached a site plan and rendering for this proposed building. C 1 IBC e1OS UUiW 'ue�e3 z 0 CO C z rn cr) cr) HIa EXHIBIT C-8 3� • 1 • LOT 8 GRAND OAK BUSINESS PARK Eagan, Minnesota ERninrr C-9 IHe Agenda Information Memo July 18, 2000 Eagan City Council Meeting L. EXEMPTION FROM LAWFUL GAMBLING LICENSE~ GYPSY BOOSTER CLUB FOR A RAFFLE ACTION TO BE CONSIDERED: To approve an exemption from the lawful gambling requirement for the Gypsy Booster Club for a raffle at Gleason's Gymnastics School to be held on August 12, 2000 and one other date between September and December 2000. FACTS: • Staff is in receipt of an application from the Gypsy Booster Club for this exemption due to the group's nonprofit status. The application has been reviewed by staff and is in order for consideration by the City Council. ATTACHMENTS: • Resolution attached on pages .3 7 -ih1I1--- • Application enclosed without page number. RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING REQUIREMENT GYPSY BOOSTER CLUB WHEREAS, the Gypsy Booster Club has applied for an exemption from the lawful gambling requirement; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the exemption from the lawful gambling requirement for the Gypsy Booster Club to conduct a raffle on August 12, 2000 and one other date between September and December 2000 at Gleason's Gymnastics School located at 2015 Silver Bell Road. Motion by: Seconded by: Those in Favor: Those Against: Dated: CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: CERTIFICATION Its Deputy Clerk I, Maria Karels, Deputy 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 18th day of July, 2000. 37 Maria Karels, Deputy Clerk Agenda Information Memo July 18, 2000 Eagan City Council Meeting VII. PUBLIC HEARINGS A. MINOR SUBDIVISION (VERDANT HILLS 2ND ADDITION) KEN GREENE ACTION TO BE CONSIDERED: To approve a Minor Subdivision (Verdant Hills 2nd Addition) located south of Woodland Court and east of Wescott Woodlands in the NE '/o of Section 14. FACTS: ➢ The property is currently platted as Lot 1, Block 1, Verdant Hills. ➢ The site is surrounded on all sides by single family residential uses that are zoned R- 1, Single Family Residential and designated D -I, Single Family Residential (0-3 units/acre). > The site is occupied by the applicant's residence and was configured to allow it to be subdivided in the future. The residence is presently served by well and sanitary septic systems and will be required to hook up to municipal water and sewer as a condition of subdivision approval. ➢ The applicant is proposing to subdivide the subject 52,137 square foot property into 32,347 and 19,970 square foot lots. > The proposed subdivision will not result in the creation of any non -conforming setbacks (including accessory building setbacks). > The subject site lies within Airport Noise Zone IV. As a result, new construction must incorporate sound attenuation standards. ATTACHMENTS (1): Staff report, pages3q through PLANNING REPORT CITY OF EAGAN REPORT DATE: June 20, 2000 APPLICANT: Kenneth Greene PROPERTY OWNER: Kenneth Greene CASE: 14 -MS -03-06-00 HEARING DATE: July 18, 2000 PREPARED BY: Bob Kirmis REQUEST: Minor Subdivision (Verdant Hills 2nd Addition) LOCATION: South of Woodland Court and east of Wescott Woodlands (Lot 14, Block 1, Verdant Hills) COMPREHENSIVE PLAN: D -I, Single Family Residential (0-3 units/acre) ZONING: R-1, Residential Single Family SUMMARY OF REQUEST Ken Greene is requesting Minor Subdivision approval to allow the subdivision of a 52,137 square foot single family residential lot located south of Woodland Court and east of Wescott Woodlands in the NE 1/4 of Section 14. Specifically, the applicant is proposing to subdivide the subject property into 32,347 and 19,970 square foot lots. The property is currently platted as Lot 1, Block 1, Verdant Hills. QUALIFICATION To qualify as a minor subdivision, City Code Section 13.10 Subd. 1 states that the following conditions must be satisfied: A. The application shall involve the division of one (1) platted lot into not more than two (2) lots, both of which meet all minimum dimensional requirements of the Zoning Code. B. The proposed lots shall have access to an improved street(s) and shall connect to municipal sewer and water facilities. C. The subdivision shall meet all dedication and other requirements of the City Code. Planning Report — Verdant Hills 2nd Addition July 18, 2000 Page 2 D. The lot shall not previously have been subject to minor subdivision. The proposed lot division satisfies the preceding qualification criteria. BACKGROUND/HISTORY The Verdant Hills subdivision was approved in August of 1997 and consists of 12 lots. Lot 1 of the existing subdivision (the subject site) is occupied by the applicant's residence and was configured to allow it to be subdivided in the future. EXISTING CONDITIONS Aside from the single family dwelling, three detached accessory buildings (two sheds and a garage) also exist on the property. All structures exist on the eastern half of the subject property. The lot is considered "oversized" being more than twice the size of most lots within the Verdant Hills subdivision. The property is provided street frontage along Woodland Court. SURROUNDING USES The site is surrounded on all sides by single family residential uses that are zoned R-1, Single Family Residential and designated D -I, Single Family Residential (0-3 units/acre). EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed lots are similar in size to those that presently exist in the area. The proposed subdivision (and resulting new single family residence) is not expected to negatively impact surrounding properties. Lots - Both proposed lots have been found to comply with minimum R-1 district lot size requirements. Setbacks - The proposed subdivision will not result in the creation of any non -conforming setbacks (including accessory building setbacks. Density - A density of 1.7 units/acre has been proposed which is consistent with the density requirements of the Comprehensive Guide Plan. 90 Planning Report — Verdant Hills 2nd Addition July 18, 2000 Page 3 Airport Noise - The subject site lies within Airport Noise Zone W. Within this area, infill single family development is conditional. To approve development in the area, the City needs to make acceptable findings concerning the following: 1. Specific nature of the proposed use, including the extent of outdoor activities. 2. Relationship of the proposed use to other planning considerations, including adjacent land use activities, consistency with overall comprehensive planning and relation to other metropolitan systems. 3. Frequency of exposure of proposed uses to aircraft overflight. 4. Location of proposed use relative to aircraft flight tracks and aircraft on -ground operating and maintenance areas. 5. Location, site design and construction restrictions to be imposed by the community of the proposed use with respect to reduction of exterior to interior noise transmissions and shielding of outdoor activities. 6. Method community will use to inform future occupant of proposed building of potential noise from aircraft operations. 7. Extent to which community restricts the building from having facilities for outdoor activities associated with the use. 8. Distance of proposed use from existing or proposed runways, parallel taxiways or engine run- up areas. With respect to the factual aspects of the findings, the property lies approximately four miles southeast of the primary runways at the airport and five miles from the engine maintenance and run-up area. Utilities - The existing house on Lot 1, Block 1 is currently served by well and sanitary septic systems. The existing house should be connected to the City sanitary sewer and water main systems prior to building permit issuance for Lot 2. All well and septic systems within the subdivision should be abandoned in accordance with City and Dakota County standards prior to building permit issuance for Lot 2. Parks - Proposed Lot 2 will be subject to a cash parks dedication of $1,272 and a cash trails dedication of $168 to be collected as a condition of minor subdivision approval. Tree Preservation - Tree preservation issues will be addressed as part of building permit issuance. Water Quality/Wetlands - Proposed Lot 2 shall be subject to a cash water quality dedication of $2,091. SUMMARY/CONCLUSION The proposed subdivision is considered compatible with existing and anticipated uses in the area. 271 / Planning Report — Verdant Hills 2nd Addition July 18, 2000 Page 4 ACTION TO BE CONSIDERED To approve a Minor Subdivision entitled Verdant Hills 2nd Addition located south of Woodland Court and east of Wescott Woodlands in the NE '/4 of Section 14. If approved, the following conditions should apply: 1. The applicant shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, E1 2. Architectural designs and construction methods for new construction shall incorporate sound attenuation standards sufficient to achieve an interior sound level of 45 dBA. This will require an inside noise level reduction of at least 20 dBA. 3. Proposed Lot 2 shall be subject to a cash park dedication of $1,272. 4. Proposed Lot 2 shall be subject to a cash trail dedication of $168. 5. Proposed Lot 2 shall be subject to a cash water quality dedication of $2,091. 6. The existing house on Lot 1, Block 1 shall be connected to the City sanitary sewer and water main systems prior to building permit issuance for Lot 2. 7. All well and septic systems within the subdivision shall be abandoned in accordance with City and Dakota County standards prior to building permit issuance for Lot 2. 1f Location Map 0 Eagan Boundary Street Centerline Parcel Area ® Building Footprint Sub'ect Site elm #414414413 .1.1.1111111"hrre7441 d;r� RL�. !1 �rFLa ger 1000 0 1000 2000 Feet Development/Developer: Verdant Hills 2nd Additio Application: Minor Subdivision Case No.: 14MS-03-06-00 City of Eagan Cemreu.ny Development Department Mop Pnpsred using ERI ArcView 11. Parcel bees nap data provided by Dista Carly led Survey Dspartrn rg and is corers as d hrsary 7000. THIS MAP IS INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this information and ars not responsIbis for errors or omissions. W+ E VERDANT HILLS SECOND ADDITION a .a 1 i 1 A IS a 1 r.. — 9C9C1 M .90.09.00 S-- Kt1i ; :o »0..90 t.�, v f 0 g 8 g r-- ---91 Z22 3 .9O 40.00 11— - - i�l G lig y • : FINAL PLAT 11 r riirtririiiriIIii 1 1 i biskii•Iii.v.kriibi. r 1 Et f i LOT 2 DEVELOPMENT PLAN ryE�� ]j6q ;e?Y _o_ fifil i i 1 771 DEVELOPMENT PLAN Agenda Information Memo July 18, 2000 Eagan City Council Meeting B. MINOR SUBDIVISION (GARDENWOOD PONDS 5TH ADDITION) RAY BRANDT ACTION TO BE CONSIDERED: To approve a Minor Subdivision (Gardenwood Ponds 5th Addition) located south of Wescott Road between Stony Point Road and Hyland Court in the NE 1/4 of Section 23. FACTS: D The property is currently platted as Lot 11, Block 1, Gardenwood Ponds 2nd Addition. D The lot is occupied a single family residence (the property owner's) which was located to allow it to be subdivided in the future. ➢ The applicant is proposing to subdivide the 28,989 square foot subject property into 16,455 and 12,534 square foot lots. ➢ The site is surrounded on all sides by single family residential uses zoned R-1, Single Family Residential and PD, Planned Development. > The proposed subdivision will not result in the creation of any non -conforming setbacks. ISSUES: D Due to the existence of a utility easement and odd shape, some concern exists in regard to the buildable area of Lot 2. To ensure that proposed building pad of Lot 2 is suitable for new home construction, an example house plan must be submitted which demonstrates its buildability. ATTACHMENTS (2): Staff report, pages Y7through3.3 Michael and Linda Scheller correspondence, page; cythroug67 PLANNING REPORT CITY OF EAGAN REPORT DATE: June 21, 2000 CASE: 23 -MS -02-06-00 APPLICANT: Ray Brandt HEARING DATE: July 18, 2000 PROPERTY OWNER: Saleem Raza PREPARED BY: Bob Kirmis REQUEST: Minor Subdivision (Gardenwood Ponds 5th Addition) LOCATION: South of Wescott Road between Stony Point Road and Hyland Court (Lot 11, Block 1, Gardenwood Ponds 2"d Addition) COMPREHENSIVE PLAN: D -I, Single Family (0-3 units/acre) ZONING: R-1, Single Family Residential SUMMARY OF REQUEST Ray Brandt is requesting Minor Subdivision approval to allow the subdivision of a 28,989 square foot single family residential lot located south of Wescott Road between Stony Point Road and Hyland Court in the NE '/o of Section 23. Specifically, the applicant is proposing to subdivide the subject property into 16,455 and 12,534 square foot lots. The property is currently platted as Lot 11, Block 1, Gardenwood Ponds 2' Addition. QUALIFICATION To qualify as a minor subdivision, City Code Section 13.10 Subd. 1 states that the following conditions must be satisfied: A. The application shall involve the division of one (1) platted lot into not more than two (2) lots, both of which meet all minimum dimensional requirements of the Zoning Code. B. The proposed lots shall have access to an improved street(s) and shall connect to municipal sewer and water facilities. Planning Report — Gardenwood Ponds 5th Addition July 18, 2000 Page 2 C. The subdivision shall meet all dedication and other requirements of the City Code. D. The lot shall not previously have been subject to minor subdivision. The proposed lot division satisfies the preceding qualification criteria. BACKGROUND/HISTORY Gardenwood Ponds 2nd Addition was approved in October of 1996 and consists of 126 lots. Lot 1 of the existing subdivision (the subject site) is provided street frontage on both Hyland Court and Stony Point Road. The lot is occupied a single family residence (the property owner's) and was located to allow it to be subdivided in the future. EXISTING CONDITIONS The subject 28,989 square feet in size lot is considered "oversized" being more than twice the size of most lots within the subject subdivision. The property is bisected by a 75 foot wide NSP and Dakota Electric easement. The property is provided street frontage along both Hyland Court (on the east) and Stony Point Road (on the west). SURROUNDING USES The site is surrounded on all sides by single family residential uses that are zoned R-1, Single Family Residential and designated D -I, Single Family Residential (0-3 units/acre). EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed lots are similar in size to those that presently exist in the area. The proposed subdivision (and resulting new single family residence) is not expected to negatively impact surrounding properties. Lots - While both proposed lots have been found to comply with minimum R-1 district lot size requirements, some concern exists in regard to the buildable area of Lot 2. Because a significant portion of the lot is overlaid by a utility easement, the resulting building envelope (2,168 square feet) is oddly shaped. To ensure that proposed building pad of Lot 2 is suitable for new home construction, an example house plan should be submitted which demonstrates its buildability. z-/ Planning Report — Gardenwood Ponds 5th Addition July 18, 2000 Page 3 Setbacks - The proposed subdivision will not result in the creation of any non -conforming setbacks. Density - A density of 3.0 units/acre has been proposed which is consistent with the density requirements of the Comprehensive Guide Plan. Airport Noise - The subject site lies outside the airport's noise exposure zones. Engineering Issues - All engineering related issues with this development have been addressed. Parks - Proposed Lot 2 will be subject to a cash parks dedication of $1,272 and a cash trails dedication of $168 to be collected as a condition of minor subdivision approval. Tree Preservation - Tree preservation issues will be addressed as part of building permit issuance. Water Quality/Wetlands - Proposed Lot 2 shall be subject to a cash water quality dedication of $1,046. SUMMARY/CONCLUSION The proposed subdivision is considered compatible with existing and anticipated uses in the area. ACTION TO BE CONSIDERED To approve a Minor Subdivision entitled Gardenwood Ponds 5th Addition located south of Wescott Road between Stony Point Road and Hyland Court in the NE '/< of Section 23.. If approved, the following conditions should apply: 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, E1 2. To ensure that proposed building pad of Lot 2 is suitable for new home construction, an example house plan shall be submitted which demonstrates its buildability. 3. Proposed Lot 2 shall be subject to a cash park dedication of $1,272. 4. Proposed Lot 2 shall be subject to a cash trail dedication of $168. Planning Report — Gardenwood Ponds 5th Addition July 18, 2000 Page 4 5. Proposed Lot 2 shall be subject to a cash water quality dedication of $1,046. SU Eagan Boundary ■ Locate on Map Street AreCenterline Parcel Area Building Footprint .... a • r JTRAIL ' l . i ‘ ni.woe..a 1��1 yPaD� f=NTP lit I 17� tYgirl OAP& / 4.11111 A. �._ mall i ° :. vAir 1, v� All .��,, i �0f41,�f, �we a ..ve � Vo Elilaretitt714r 1.4 "pts �� 1 4:11 ©�� g -tiiN.CONIq ri tis, to I eeL:4441t oe3�10 Mill F;1 it 'min E+0�►�� �o°oc© maw �iio� �°s z Errs =my koirixerkl g1 1..von ioglopt; - os © dEf�+�e' a x.44.1 NIA eiw .,' ..,E ��O C�� � n rilw> Sub'ect Site t00 01, Ar © A � .. a 41 Li ea . „„,,, r , \\^/, E �� ; ��E i=o to ero ltd. T ����'`�� �� ��: � �I■PaL'c� r a •� A e q1� �, s �,1 +t e a /I� s t7OC��307��p MI a �D 141,0 1 �O 44 Y o fE5EN ., 4,c ���0 �1 o ®, zoo: e�. ,.vir p, ,cap 11:It f p r �6 $ 0 pC Vv o�ctV� z aFM a.wsopo©�41 `'� ` �:'►�+fr a ©oA�, WI Ostia / r U113 200;;o30 06 : 0.1,4111740 V .� &`401;20V400 14.4 Lail.gi a " F mai mcg.791,42 Imigoomommacua tripPA0111 u.".".!! A , , AS 4q1,p i 4 i4- 4 GOMM -- — 4). 4..4>;4 . ) ,4`,14,1# k v,,,4fil . 3 .7 . 1 IN ■ • �v3 ��4v.,...jj$4 E aural os� a6 �;ft,oA� p AASee�eeee� 0 IL -mi &445 . alliin 1Fi ,„-iii o,e • ar, ��m�� Vrip .-1 o w Qd .���-1 s —� rani va v rip u awl1� t ©iota oca 6W & �oo� _ , - v 'V' `� so a� rain - 0 ® o �rii� El ran In 5es©roa4l;" gee ©fie. o .iµ.V, : , "N., ...P��a�coo©r _ 1000 0 1000 2000 Feet Development/Developer: Gardenwood Ponds 5th Addition Application: Minor Subdivision Case No.: 23 -MS -02-06-00 ERSI Par irm 31. Parol base map dee provided NIQ Prapaed Id by pdmte Caney Lad Stnroy Dsprbanned brent and is as of January 7D00. N City of Eagan 4 t:emmunny DevNopm.M D•p•rtm.•t THIS MAP 15 INTENDED FOR REFERENCE USE ONLY The City of Eagan and Dakota County do not guarantee the accuracy of this Information and are not responsible for error or omissions. W'E s R44-1-00 GARDENWOOD 9•Ft DESCRIPTION 0 0 0 N N 0 0 • o. up O O m — O 0: JU' OWNER & SUBDIVIDER Hyland Co . 55 0 . ENGINEER & ZONING: Unchonged Lot oreo before plotting: 28,989 sq.tt. Lot oreos after plotting: C 268 4111 • . . 'moi NutL 4e 0 . `111, 0 — O 4t C o . • sa ti V O • t° !• N W • v H __ .� • N 1u .t, 1A1Z n�LO O ^Z_' z i 1-11.1 • 3 .5 5 Z 0 E CD CD s DEVELOPMENT PLAN 1 1 u L co z 0 a GARDENWOOD A rut- e +�s�irs asi rn rnw s} al —.1 t �: 1 00 1 I !I_ f f f 4 ^ - f • f,7 i if --------1`I-Cc;,.; V \/ s se�om s, = yi Ii i si I .21 1. 113 142 n Inl 1 innv I V\./Ii1VV V • Lit / —1 \ IV(Th %r\C's 1 t t rrlif II 'till 1 17 id! I\ In 1 C\n 11\/-1'1 _I( V I IU1 S3 AL PLAT 01/09/1996 01:54 6126901921 July 12, 2000 6126901921 MICHAELSCHELER PAGE 01 Community Development Department 3830 Pilot Knob Rd Eagan, MN 55122 Re: Gardenwood Ponds Fifth Addition Case #23-M5-02-06-00 Dear community Development Department: My wife, Linda, and I oppose the subdivision of 0.7 acres to create two single family lots in the above-mentioned case. Subdivision is unfair to neighbors, such as us, who purchased homes relying on existing maps. In our opinion, subdivision of this lot may also lower values of neighboring homes and diminish the safety of children who ride bikes, skate on boards, and play in the cul-de-sac. we live at 972 Stony Point Rd - just across the street from the proposed subdivision.. We purchased our home a year ago. On our first visit to the house, we noticed and liked the uncrowded cul-de- sac. At that time, our real estate agent showed us a map which indicated that the property across the street from our prospective home was part of a large lot with a house on its east side. These factors entered into our decision to buy the house at 972 and they affected the amount we were willing to pay for it. So why should the owner of the large lot be granted a subdivision of it now? The owner either knew or should have known about the lot's size when he purchased it. If the subdivision is granted, he may get a windfall by selling the new lot, but what will neighboring homeowners get? How for example, will a new house be positioned on this irregular- shaped lot, especially in view of the powerline easement? will it be situated in such a way as to fit in with the rest of the neighborhood? Or will Sy 01/09/1996 01:54 6126901921 - 6126901921 MICHAELSCHELER PAGE 02 the side, or part of face the street? will tthe backside, of .the house to be moved to accommodate�ahbnewopddriveway?mailbox have more traffic result and thereby dimiih the l of our children who use the cul-de-sac h the safety (The nearest parks can be , reached a sac for major roads -- Wescott or Northview only play? y. � Y crossing Just becauseark J requirements this subdivision may legale� qui rements for meet minimum Y mean that it is setbacks 5 does not negative effects of or proper. The .existing neighborhood m this Subdivision applicant's must be considered too. The appdivinion';, request is called, a to neighboring gbut there is nothingminor wantoanotherbohome such aminor about it sac. ome crowded into this quiet Cul-de Thank you for the opportunity to comment. sincerely, 97 Stony PointlRe Eagan, MN 55123 Agenda Information Memo July 18, 2000, Eagan City Council C. VACATION OF PUBLIC DRAINAGE AND UTILITY EASEMENTS (LOT 30 BLOCK 3, BLACKHAWK GLEN 2ND ADDITION), AND MINOR SUBDIVISION (BLACKHAWK GLEN 4TH ADDITION) — DOUG HOSKIN ACTION TO BE CONSIDERED: A. To approve the Vacation of public drainage and utility easements within Lot 30, Block 3, Blackhawk Glen 2nd Addition (3640 Birchpond Road), and authorize the Mayor and City Clerk to execute all related documents. B. To approve a Minor Subdivision (Blackhawk Glen 4th Addition) of approximately of four acres to create two single-family lots on property located at 3640 Birchpond Road, currently platted as Lot 30, Block 3, Blackhawk Glen 2nd Addition, located in the SW1/4 of Section 16. FACTS: • The subject site is located at 3640 Birchpond Road, and is currently platted as Lot 30, Block 3, Blackhawk Glen 2nd Addition. The applicant is proposing to vacate existing drainage and utility easements within the subject site, and to subdivide the property into two parcels. • The site contains an existing single-family home that was constructed in 1989. A large portion of the site contains a pond, and there is a storm sewer located -just south of the existing residence. • On June 20, 2000, the City Council received the petition for the vacation, and set a public hearing for July 18, 2000 to consider vacating said drainage and utility easements. The public hearing for the proposed minor subdivision was scheduled concurrently for July 18, 2000. • The purpose of the proposed vacation is to delete a portion of the existing drainage easement for the pond to allow the subdivision of the property and construction of an additional house on the southwest comer of the site. • The easements to be vacated were originally dedicated as part of the Blackhawk Glen 2nd Addition development for drainage and utility purposes. The easements accommodate existing storm sewer lines and a drainage pond. • Drainage and utility easements necessary to accommodate any planned or existing utilities, ponding or drainage ways will be dedicated as part of the new plat. • The site is surrounded by single-family residential uses that are zoned R-1 and guided D -I. • The proposed minor subdivision satisfies the requirements for the R-1 zoning district. There is some concern about the depth of the buildable area of Lot 2, between the required setback from Birchpond Road and the required drainage easement for the pond. S,4 • A walkout house is proposed for Lot 2, and the site plan shows a reasonable building configuration that satisfies required setbacks and does not encroach into required easement areas. • The grading plan shows that a majority of the side and rear yards of Lot 2 are proposed to be graded at the city's maximum slope of 3:1 for maintained areas and a retaining wall is proposed to achieve the 3:1 slope in a portion of the rear yard. • All notices have been published in the legal newspaper and sent to all potentially affected private utility owners informing them of this public hearing for the proposed vacation. . Notices have also been published and mailed to contiguous property owners informing them of the proposed minor subdivision. No objections to either the proposed vacation or minor subdivision have been received to date. • The vacation request has been reviewed by the Engineering Division and found to be in order for favorable Council action. ATTACHMENTS: Location map, pages Proposed Easement Vacation and Legal Description, pages syand6i Planning Report, pages ‘A through 9 s-7 NO SCALE 6-12-2000 PROPOSED VACATION Moog GVACATIONS/BLACKHAVK MILLS City of Eagan PROPOSED EASEMENT VACATION Lot 30, BLACKHAWK GLEN 2nd ADDITION LOCATION MAP Figure 1 sy Proaosed Vacation of Drainage and Utility Easement All that part of the drainage and utility easements as dedicated pursuant to the recorded plat of BLACKHAWK GLEN 2ND ADDITION, Dakota County, Minnesota, which lie within the boundaries of Lot 30, Block 3, said BLACKHAWK GLEN 2ND ADDITION. Proposed Vacation of Drainage Easement All that part of the drainage easements as dedicated pursuant to the recorded plat of BLACKHAWK GLEN 2'''D ADDITION, Dakota Count, Minnesota, which lie within the boundaries of Lot 30, Block 3, said BLACKHAWK GLEN 2 ADDITION. 6/ PLANNING REPORT CITY OF EAGAN REPORT DATE: July 13, 2000 APPLICANT: Doug Hoskin PROPERTY OWNER: Doug Hoskin CASE: 16 -MS -01-06-00 HEARING DATE: July 18, 2000 PREPARED BY: Pamela Dudziak REQUEST: Minor Subdivision (Blackhawk Glen 4th Addition) LOCATION: 3640 Birchpond Road COMPREHENSIVE PLAN: D -I, Single Family Residential (0-3 units/acre) ZONING: R-1, Single Family Residential SUMMARY OF REQUEST Doug Hoskin is•requesting Minor Subdivision approval to allow the subdivision of a four -acre single-family residential lot located at 3640 Birchpond Road in the SW 1/4 of Section 16. The property is currently platted as Lot 30, Block 3, Blackhawk Glen 2"d Addition Addition. QUALIFICATION To qualify as a minor subdivision, City Code Section 13.10 Subd. 1 states that the following conditions must be satisfied: A. The application shall involve the division of one (1) platted lot into not more than two (2) lots, both of which meet all minimum dimensional requirements of the Zoning Code. B. The proposed lots shall have access to an improved street(s) and shall connect to municipal sewer and water facilities. C. The subdivision shall meet all dedication and other requirements of the City Code. D. The lot shall not previously have been subject to minor subdivision. The proposed lot division satisfies the preceding qualification criteria. Planning Report — Blackhawk Glen 4th Addition July 18, 2000 Page 2 BACKGROUND/HISTORY Blackhawk Glen 2"a Addition was platted in July of 1987. This parcel was platted with a majority of the parcel covered by drainage and utility easement because of the pond over the northeast part of the lot. EXISTING CONDITIONS The site contains a single-family residence in the northwest corner, which was constructed in 1989. Access is provided from Birchpond Road. A large portion of the property contains a pond and there is a storm sewer located just south of the existing residence. The southern portion of the property contains significant elevation changes, dropping toward the pond, from west to east and south to north. The southwest corner of the property is also densely vegetated. SURROUNDING USES The site is surrounded on all sides by single family residential uses that are zoned R-1, Single Family Residential and designated D -I, Single Family Residential (0-3 units/acre). EVALUATION OF REQUEST Compatibility with Surrounding Area - The proposed subdivision (and resulting new single family residence) is not expected to negatively impact surrounding properties. Surrounding lots range from .8 to 3.4 acres and average 1.3 acres, including several lots that contain significant pond area. Lots — Both proposed lots satisfy minimum R-1 district lot size requirements (minimum lot area of 12,000 square feet and lot width of 85 feet). Proposed Lot 1 is 2.18 acres in size with 1.7 acres of ponding area, and proposed Lot 2 is 1.87 acres in size with 1.33 acres in ponding easement. The land area excluding pond easement for each lot is .48 acres for Lot 1, and .54 acres for Lot 2. Some concern exists with regard to the depth of the buildable area of proposed Lot 2 since the required drainage easement for the pond will extend to within about 10 feet of the proposed house. This would severely restrict, if not eliminate, the potential for future additions to the rear of the home (porch, deck, etc.). Further discussion of the grading and easement is included in the Engineering Issues below. Setbacks - The proposed subdivision will not result in the creation of any non -conforming setbacks. Density — The two dwellings on this 4.06 -acre site result in a density of .5 units/acre, which is consistent with the 0-3 units per acre density requirement of the Comprehensive Guide Plan. 6-� Planning Report — Blackhawk Glen 4th Addition July 18, 2000 Page 3 Airport Noise - The subject site lies outside the airport's noise exposure zones. Engineering Issues — The proposal includes a request to vacate drainage and utility easements in the southwest corner of the property, with new easements to be dedicated on the proposed Blackhawk Glen 4th Addition plat. The vacation of the easements is a separate but concurrent request and requires separate action by the Council. The existing drainage and utility easements dedicated with the plat of Blackhawk Glen 2nd Addition shall be properly vacated. The grading plan shows that fills of four to six feet will be necessary to accommodate the proposed house. A majority of the side and rear yards are shown to be graded at the City maximum slope of 3:1 for maintained areas. A retaining wall is proposed to achieve the 3:1 slope in a portion of the rear yard area. Additionally, the grading plan shows a drainage easement being provided to an elevation of 809. This pond is a landlocked basin with no overflow provided below the basement walkout elevation of the proposed house on Lot 2. The City's current minimum standard for drainage easement is three feet above the calculated 100 -year high water level of the adjacent pond (809). Therefore, drainage easement should be dedicated on the final plat to a minimum elevation of 812. Parks - Proposed Lot 2 will be subject to a cash parks dedication of $1,272 and a cash trails dedication of $168 to be collected as a condition of minor subdivision approval, prior to release of the plat for recording. Tree Preservation — Compliance with the tree preservation ordinance will be determined at the time of building permit issuance. Water Quality/Wetlands — This subdivision shall be subject to a cash water quality dedication of $1,673, which is based on the site area excluding ponding easements. SUMMARY/CONCLUSION The proposed subdivision satisfies the minimum R-1 zoning standards and appears compatible with existing and anticipated uses in the area. Although the buildable area of Lot 2 is somewhat shallow, the grading plan does appear to meet minimum City standards and the site plans shows a reasonable house configuration that meets required minimum setbacks. ACTION TO BE CONSIDERED To approve a Minor Subdivision entitled Blackhawk Glen 4th Addition, located at 3640 Birchpond Road, south of Ashbury Road and east of Birchpond Road in the SW 1/4 of Section 16. If approved, the following conditions should apply: Planning Report — Blackhawk Glen 4th Addition July 18, 2000 Page 4 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 3, 1993: Al, B1, B4, El, and H1 2. Existing drainage and utility easements previously dedicated with the plat of Blackhawk Glen 2nd Addition shall be properly vacated. 3. Drainage easement on Lot 2 shall be dedicated on the final plat to a minimum elevation of 812. 4. Proposed Lot 2 shall be subject to a cash park dedication of $1,272. 5. Proposed Lot 2 shall be subject to a cash trail dedication of $168. 6. This subdivision shall be subject to a cash water quality dedication of $1,673. Location Map Eagan Boundary Street Centerline Parcel Area Building Footprint iV \-- 11 ill T C In RI . .xe iki 4'.. o.. :: . �C4� III e a M■ L'-e� � i o %- ,: aC / I%' All dli lakinsi ARMORY ROAD mow Immlisma ill emommi Ina Sub'ect Site ^�, r,,,�, � . n ROAD 1 , �MeURY . �. ildbil ,41110.1160,: CR ST RIDGE LANE®, _4, ,,,' opats, R ,_ A rahkwo Y i I ii!® • -44. 13"0 „..., , 4 1 C MONTEREY LANE ° • `,, 144 �, , 1 � arip vows Alt ow `C'' Veil K LLO LANE ,:. 11110,00, �,,y``®SL,. ®®i ®®� 5 .JV$w ® .Ir MEM EN& wo 7 siolorna,.„A, 40, % 1. Eni3 An. •• •pa J 41>. at„, sydk 1 I 5 1� ® c. SRN � WA,0$��t�� 01 04 MYER RILL ROAD RTDN`. ."1"Milillr - i IMI - tir .-.. ,P43 { 4 le ra ,':i .,.. _ mi. w r:.' ...-. �'a ,, .. 1000 0 1000 2000 Feet Development/Developer: Application: Case Doug Hoskin; 3640 Birchpond Road Minor Subdivision No.: 16 -MS -01-06-00 466 +C qty organ Community Development Department Map Prepared using ERSI ArcVlew 3.1. Parcel base map data provided by Dakota County Land Surv.y Department and is current as of June 2000. 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 not responsible for errors or omissions. N W E S Current Zoning and Comprehensive Guide Plan Land Use Map Zoning Map Current Zoning: R-1 Single Family Residential 000 000 1200 Feet Doug Hoskin 3640 Birchpond Road Case No. 16 -MS -01-06-00 1%IN01 I. 444 ::ri-,0 O i .0 `, �;► E Of deem ISOM .m Location �� = El \ ��!a�� e u 11111!!!= Ali • . • • • Ills • 1MINIIIIIMI FA VAlittro.t4• i, 41. '1" do et., moi•■■■■■lh - %11,1" �� In llah - a �sCr' III so" 11121 7.qh, 44gia lel A. Mr el# Iii .. D. vAll Pir• VI ii •�1 ./I,'.... gii so AllIWO �� ,O I■■►%iia t!..4 Comprehensive Guide Plan Land Use Map Current Land Use Designation: D -I Single Family Residential 000 0 000 1200 F..t 4City of Eagan Community Development Department Parcel base map information provided by Dakota County Land Survey Department 1/03/00. Zoning Information maintained by City Stan. THIS MAP IS INTENDED FOR REFERENCE USE ONLY Th. City of Eagan and Dakota County do not guarantee the accuracy of this Information. 124 +w qau rw taoU gas wisms 'assli'01— mums / some / semi 111 NMI C4 d O J _w_..e..w..ewe+.e.e •wew JOINE MOO i u :MIN11111i too / 1 1 .1.0( M vt 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. ?oo D 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 II 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 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 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 meeti , page 72 - 9 V Draft City Code Amendment, pages ?5 throughr City Attorney correspondence, page 99•-rQ . 7/ Advisory Planning Commission June 27, 2000 Page 2 OLD BUSINESS ORDINANCE AMENDMENT — CITY OF EAGAN DRAFT 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 hadbeen 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. Advisory Planning Commission June 27, 2000 Page 3 DRAFT 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 5 gravel, meeting the minimum setback requirements for parking lots. Member Nosbush agreed with the friendly amendment to the motion. 'J3 Advisory Planning Commission June 27, 2000 Page 4 DRAFT 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. Revised 7/11/00 PROPOSED VEHICLE STORAGE RELATED CODE MODIFICATIONS Section 10.52 (Prohibited use and parking of mobile homes and recreational camping vehicles) Delete in its entirety and replace with the following: "travel trailer" by the manufacturer of the trailer. temporary dwelling for travel, recreation and vacation. recreation and vacation uses. Subd. 2. Unlawful acts. B. It is unlawful for any person to park or store a mobile home or recroational vohiclo in tho Sec. 10.52. Recreational Vehicle Storage. Subd. 1. Definitions. The following terms, as used in this chapter, shall have the meanings stated: 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 quarters while engaged in recreation or vacation activities. 1 '7S Revised 7/11/00 Recreational Vehicle means any self-propelled vehicle and anv vehicle propelled, drawn, towed or carried by a self-propelled vehicle, which is designed to be used for leisure time activities and purposes 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 day to day transportation needs; 4) Snowmobiles, all terrain vehicles, any type 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 day transportation 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. Subd. 2. General Standards. A. Recreational vehicles and equipment shall not be used for living, sleeping or housekeeping while parked or stored. B. Except on properties that are valid motor vehicle dealers, recreational vehicles shall have a current license and registration. C. 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. D. No recreational vehicle shall be parked within fifteen (15) feet of a roadway surface. 2?,6 Revised 7/11/00 Subd. 3. Single Family Residential Zoning Districts. A. 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. B. Size. Unless stored or parked inside a building, no class II recreational vehicle greater than forty (40) feet in length shall be permitted. C. Location. Recreational vehicles may be parked or stored in single family residential zoning districts in accordance with the following requirements: 1. The lot or parcel shall contain a permitted principal use in the applicable single family residential zoning district. 2. No recreational vehicle shall be parked or stored within five (5) feet of an interior side lot line or rear lot line. 3. 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 adjacent prepared hard surfaced area including class 5 gravel. 4. Recreational vehicles stored within an interior side yard or rear yard shall be stored on a prepared hard surfaced area, including class 5 gravel. D. Ownership and Guest Parking. All recreational vehicles parked 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. E. Screening. 1. 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. Visual screening shall be in the form of fencing orplantings 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. 2. Fences used to satisfy this requirement shall screen the maximum amount of the recreational vehicle possible while meeting other requirements of this Code. 3 92 Revised 7/11/00 Subd. 4. Multi -Family Residential Zoning Districts. A. All recreational vehicles parked or stored shall be owned or leased by an occupant of the premises where such vehicle is parked or stored. B. Recreational vehicles parked or stored outdoors shall be parked or stored on prepared hard surface areas, including class 5 gravel, meeting the minimum setback requirements for parking lots. C. 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. D. 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. Subd. 5. Nonresidential Zoning Districts. A. Except in cases where a property 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. B. Recreational vehicles parked or stored outdoors shall be parked or stored on hard surfaced areas meeting the minimum setback requirements for parking lots. 4 2 g/ 612 432 3780 SENT BY: 7-14- 0 : 13:49: SEVERSON SHELDON- 651 681 4694:# 2/ 3 SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. MEMORANDUM TO: Mikc Ridley, Senior Planner FROM: Mike Dougherty, City Attorney DATE: July 13, 2000 RE: Proposed Vehicle Storage Code Amendment Following the discussion by thc 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 of 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 thc ordinance hut 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 he 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 be lett 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 conforming use to an ordinance has now, due to a change in thc 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 �9 612 432 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 perrnits, the desire of a homeowner to pave an extension or another area of their property does not require a building pennit. So essentially the City has no record of who or how many property owners currently have conditions which may be rendered nonconforming. Similar to thc screening issuc, thc enforcement niay be rendered arbitrary due to the lack of public records. If you have any questions, please give me a call. MGD/wkt Agenda Information Memo July 18, 2000 Eagan City Council Meeting B. CONSIDER ACQUISITION OF BERGIN PROPERTY AT 1240 DEERWOOD DRIVE FOR COMPLETION OF TRAIL LOOP, PATRICK EAGAN PARK ACTION TO BE CONSIDERED: Consider acquisition of land currently owned by Mr. Tom Bergin, located at 1240 Deerwood Drive for trail connection around Patrick Eagan Park; authorize staff to negotiate a land purchase. FACTS: • Mr. Bergin contacted staff about potential acquisition and is willing to sell land to the City of Eagan. • The Advisory Parks Commission previously identified this parcel for possible acquisition as part of the open space study and the CIP process completed in 1999. • The parcel would allow the completion of a trail loop around the pond in Patrick Eagan Park. The pond currently extends into the Bergin property. • Acquisition of a minimum one-half acre would suffice for completion of the trail, but acquisition of the five -acre parcel would allow the City more flexibility in parks development as well as open space and tree preservation. • $750,000 has been dedicated for park acquisition during the 2001-2005 CIP cycle. Currently, the only parcel purchased from these funds is property at Blackhawk Park at a cost of $50,000. • Acquisition of a larger parcel would man a larger investment from City, but may make a transaction more attractive to the property owner and possibly result in a reduced cost per square foot than a smaller acquisition. • The Advisory Parks Commission will review this issue and make their recommendation Monday, July 17, 2000. ATTACHMENTS: • Advisory Parks CommissionAgenda for July 17, 2000, page P. • Parcel map graphic, page • Letter to Bergin dated July 10, 2000, page AGENDA ADVISORY PARKS COMMISSION EAGAN, MINNESOTA Monday, July 17, 2000 7:00 PM Eagan Municipal Center City Council Chambers Tour Faithful Shepherd and Rahn Park A. 7:00 PM Regular Meeting 7:00 pm B. Call to Order and Pledge of Allegiance 7:02 pm C. Approval of Agenda 7:03 pm D. Approval of Minutes of Regular Meeting of June 19, 2000 7:04 pm E. Visitors to be Heard 7:05 pm F. Department Happenings Pages 7:06 pm G. Consent Agenda 7:10 pm (1) Cell Tower Rental Pages (2) Space Center Air Cargo Pages H. Development Proposal Pages 7:11 pm 1. Old Business (1) Lexington Point Trail Access Change Request Pages 7:12 pm J. New Business (I) Bergen Property Pages 8:00 pm (2) Sponsorshipaliey — deferred to August Pages 8:20 pm (3) Review of Stroller Policy — Cascade Bay Pages 8:21 pm K. Parks and Recreation Update 8:30 pm M. Water Resources Update (I) Dakota County Low Impact Development Initiative (2) Preview of New Web Page N. Other Business and Reports (1) Subcommittee Updates (2) Schedule Moonshine Park Meeting (3) Park Site Fund Update O. Round Table Pages 8:35 pm 9:00 pm 9:20 pm 9:25 pm 9:27 pm 9:30 pm P. Adjournment 9:35 pm 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 disabled persons wishing to participate are available upon request at least 96 hours in advance of the event. If a notice of less than 96 hours is received, the City will attempt to provide the aids. Faq Bergin Property Approximate size and location of a one -acre and two -acre parcel. .; 2 are - north property line 1 acre -north property line $3 w Q w Q Mr. Tom Bergin Dear Mr. Bergin You had called several weeks ago and since then we have had discussion regarding the departments interest in acquiring the back portion of your property for inclusion into Patrick Eagan park. Several options were explored, including your development of your five -acre home either independently or in conjunction with your neighbor. At present your plans are to sell the house and land as one, but that you would be willing to listen to an offer from the city for a portion of the land as it abuts Patrick Eagan Park. Although this portion of your property was one of several properties previously identified for inclusion into the park system, you need to know that the Advisory Park Commission or City Council has authorized me to negotiate any transaction. However, as part of my responsibility to the City, I do feel that I can put forth the following for Commission consideration at their July 17th Commission meeting for recommendation to the City Council I would propose that the department acquire the southerly most two acres of the property for a sum of $58,500. I would also propose that the city would undertake the responsibility for taking the lead role on doing a minor subdivision, creating one lot (consisting of three acres with your home) and an outlot. (Two -acre park parcel). Tom, I believe this represents good value to you while still maximizing the value in the remainder of your home site. Besides the remuneration, I believe you will also be rewarded in the knowledge that the property will remain in good stewardship as part of Patrick Eagan Park. Please give this issue your most serious consideration and let me know your thoughts. Ken Vraa, Director of Park and Recreation Cc Tom Hedges, City Administrator Advisory Park Commission members S'Y Minnesota Lawful Gambling Application for Exempt Permit - LG220 Page 1 of 2 10/98 Organization Information Organization name gcos/er C/ b Street ✓ City For Board Use Only Fee Paid Check No. Initials Received Previous lawful gambling exemption number N Sl/uer fie// >1)7d. 51e. /go, Name of chief executive officer (CEO) of organization Last name First name Name of teasurer of organization First name Vicom/ Aker/j State/Zip Code County /7)/1) 5-S/ate Z ck - Daytime phone number of CEO: 6'01- 667-368c/ Last name (-4, R6Et Daytime phone number of treasurer: 5c2 -3a c2 -92s7 Type of Nonprofit Organization Check the box that best describes your organization: O Fratemal ❑ Veteran ❑ Religious El Other nonprofit organization Check the box that indicates the type of proof your organization attached to this application: ® IRS letter indicating income tax exempt status D 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 submitted 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) 6/e4'./) /s 4,vts c -s Schoa l Address (do not use PO box) City State/Zip Code County 070/5 5/fiver fie// /c/'_,S/--e, /Fe, , i?6,qN, /2-2N SS/a . %9ko r� of activity (for raffles, indicate the date of the drawing) Date(s)449//-5 /- cam/ s >' /off., 02.00 s / D ill.bl, C% ASoecn gyp, — bee...2Q0 Check the/box or boxes that indicate the type of gambling activity your organization will be conducting: ❑*Bingo 00 Raffles ❑ *Paddlewheels ❑*Pull -Tabs ❑'Tipboards `Equipment for these activities must be obtained from a licensed distributor. This form will be made available in alternative format (i.e. large print, Braille) upon request. The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your permit. When the Board issues your permit, all of the information that you have provided to the Board in the process of applying for your permit will become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. Application for Exempt Permit - LG220 Organization Name S ,('4S kr C .' f Local Unit of Govemment'Acknowledgment (Required by Statute) If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application and three options for the city: 1 Approve the application: By taking no action, the city allows the Board to issue a permit after 30 days (60 days for a first class city). 2. Waive the above -noted waiting period: The city allows the Board to issue a permit before 30 days (60 days for a first class city). Docu- mentation attached. 3. Deny the application by passing a resolution within 30 days (60 days fora first class city). POI name of Vi/rt Jt (Signature f city personnel receiving application) Title l- C IL Date 7 / ` 13`, �C 10/98 If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application and three options for the county: 1. Approve the application: By taking no action, the county allows the Board to issue a permit after 30days. 2. Waive the above -noted waiting period: The county allows the Board to issue a permit before 30 days. Documentation attached. 3. Deny the application by passing a resolution within 30 days. Print name of county: (Signature of county personnel receiving application) Title Date / / On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township: (Signature of Jownship official "acknowledging application) Title Date / / Chief Executive Officer's Signature The information provided in this app ation is command acpvrate to the best of my knowledge. Chief Executive Officer's signature C Name (please print) /9 /✓/✓ /� d C/ E2 17 Date 7 co Mail Application and Attachment(s) At least 45 days prior to your scheduled activity date send: • the completed application; • a copy of your proof of nonprofit status, and • a $25 application fee (make check payable to "State of Minnesota"). Application fees are not prorated, refundable, or transferable. Send to: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 If your application has not been acknowledged by the local unit of govemment, do not send the application to the Gambling Control Board. :NTERNAL-REVENUE SERVICE )ISTRICT DIRECTOR ). 0. BOX 2508 :INCINNATI, OH 45201 )ate: Nov n , ,1q9 3YPSY BOOSTER CLUB INC :015 SILVER BELL ROAD SUITE 180 LAGAN. MN 55122 )ear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 41-1669972 DLN: . 319298081 Contact Person: ALETHA BOLT Contact Telephone Number: (877) 829-5500 Accounting Period Ending: DECEMBER 31 Foundation Status Classification: 509(a)(2) Advance Ruling Period Begins: OCTOBER 5, 1999 Advance Ruling Period Ends: DECEMBER 31, 2003 Addendum Applies: NO ID# 75501 Based on information you supplied, and assuming your operations will be as ;tated in your application for recognition of exemption, we have determined you Ire exempt from federal incomd tax under section 501(a) of the Internal Revenue :ode as an organization described in section 501(c)(3). Because you are a newly created organization', we are not now making a sinal determination of your foundation status under section 509(a) of the Code. however, we have determined that you can reasonably expect to be a publicly ;upported organization described in section 509(a)(2). Accordingly, during an advance ruling period you will be treated as a mublicly supported organization, and not as a private foundation. This advance ailing period begins and ends on the dates shown above. Within 90 days after the end of your advance ruling period, you must ;end us the information needed to determine whether you have met the require - lents of the applicable support test during the advance ruling period. If you sstablish that you have been a publicly supported organization, we will classi- fy you as a section 509(a)(1) or 509(a)(2) organization as long as you continue :o meet the requirements of the applicable support test. If you do not meet :he public support requirements during the advance ruling period, we will :lassify you as a private foundation for future periods. Also, if we classify ►ou as a private foundation, we will treat you as a private foundation from ►our beginning date for purposes of section 507(d) and 4940. Grantors and contributors may rely on our determination that you are not a )rivate foundation until 90 days after the end of your advance ruling period. :f you send us the required information within the 90 days, grantors and :ontributors may continue to rely on the advance determination until we make final determination of your foundation status. If we publish a notice in the Internal Revenue Bulletin stating that we Letter 1045 (DO/CG)