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02/01/1974 - Advisory Parks & Recreation CommissionAGENDA PARK COMMITTEE VILLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA 1. Pledge of Allegiance. 2. Approval of minutes. 3. Appearance of Developers. . Qr n yl N sx res �, _ iib �J fJ t LJ aoe (a.aC: Consultants Report. - (X;�.gc���v�'e r csxl.� 5. Recreation committee report. ,�i L tic (NZ\ew2,. Q .: ci \ ..� SFS 6. Development committee report. 7. Finance committee. 8. Publicity committee. c1 c �.ck� �(xxc� C e_ s.��v.•�t- S 9. Old business. { 0 k- J tii lam: Y— )""t. }s'.. CZ - 10. 10. New business. •,-+-c.1.. _ o C:, R � N N ..1 A. `- \� - /7 t v i _ aro fir. c$s TRAIL ADMINISTRATOR John S. Voss TITLE City Planner ADDRESS 4826 Chicago Avenue Minneapolis, Minnesota 55417 TELEPHONE NUMBER 822 -2191 Application by the above trail administrator is hereby submitted for the acqui- sition, development and maintenance of a proposed bicycle trail in the City of Eagan, Dakota County, further described as follows: 1.) LENGTH (in miles 2.) ESTIMATED COSTS: a. Interests in Land: b. Development: (1) Trail Construction (2) Trail Facilities Development Costs c. Maintenance: LOCAL UNIT OF GOVERNMENT BY Alyce Bolke (Municipal or county official) TITLE City Clerk MINNESOTA DEPARTMENT OF NATURAL RESOURCES DIVISION OF PARKS AND RECREATION 320 Centenniat Bu.i2cting St. Pau2, Minnesota 55155 BICYCLE TRAIL ASSISTANCE PROGRAM GRANTS -IN -AID APPLICATION (Municipal or county employee or citizen) 4 APPROVED City of Eagan DATE $ 30,000.00 $ 15,000.00 TOTAL COUNTY Dakota none $ 45,000.00 $ 2,000.00 $ 47,000.00 MINNESOTA DEPARTMENT OF NATURAL RESOURCES BICYCLE TRAIL ASSISTANCE PROGRAM AGREEMENT THIS AGREEMENT, made this 1st day of February 19 74 , between the STATE OF MINNESOTA, acting by and through the Commissioner of Natural Resources, hereinafter referred to as the State, and City of Eagan , hereinafter referred to as the local unit of government. WHEREAS, the local unit of government desires to establish, construct, and maintain a public bicycle trail; and, WHEREAS, by Laws 1973, Chapter 648, Section 3, Subdivision 6 (b), there was appropriated to the Commissioner of Natural Resources, funds for non - motorized recreation trails. NOW THEREFORE, IT IS AGREED between the parties hereto: The State agrees to reimburse the local unit of government 65% of the cost of trail acquisition, development and maintenance subject to the following terms and conditions: I. [APPROVAL] The local unit of government shall not expend any funds on the proposed trail until the trail proposal is approved as hereinafter provided, by the Trail Coordinator, Department of Natural Resources (DNR). A. The local unit of government shall submit to the Trail Coordinator, Department of Natural Resources, a trail work plan which shall in- clude: 1. A name, address and phone number listing of who will plan, ac- quire, develop and maintain the trail. 2. An estimate of when acquisition and development will be comple- ted. 3. A county map depicting: (a) the exact location of the proposed trail over all private and public lands; and (b) the exact loca- tion of all toilet, litter, parking, shelter and rental facili- ties. SO 4. A legal description and parcel number of landowners which corre- spond to parcel numbers depicted on the county map. 5. A signed permit, notarized with an affidavit, that the person whose name appears on the document of conveyance or permit is the same person in possession of said premises and one and the CITY OF EAGAN _ BICYCLE TRAIL ASSISTANCE PROGRAM APPLICATION Proposed Walkways - 20,000 lin. ft. @ $7.50 /ton or $1.50 lin.ft. of walkway 10' wide = Total Cost of: $30,000.00 Trail Facilities Breakdown: Total Facilities Burr Oaks Park - 2 lighting standards 1 trail sign 1 shelter Blackhawk Park - 1 shelter 8 lighting standards 4 trail signs Rahn School Park - 4 lighting standards 3 signs 1 shelter Patrick Eagan Park- 1 shelter 6 lighting standards 2. signs 4 shelters 20 lights 10 signs Unit Price $ 1,000.00 500.00 100.00 Total Cost $ 4,000.00 10,000.00 1,000.00 TOTAL COST: $ 47,000.00 $ 15,000.00 Facilities $ 30,000.000- Walkways (from above) $ 2,000.00 - Maintenance APPROVED: By: Date: (b) Subsequent Payments: Each thirty (30) successive days after the first payment, the local unit of government shall submit invoices evidencing acceptable trail costs. If the costs are approved, the State agrees to pay the local unit of government 65% of the amount submitted and approved. Said payments shall continue to be made until authorized reimbursement for the costs of said trail as pro- vided herein is satisfied. V. [STATE LIABILITY] Notwithstanding the grants -in -aid as provided herein, the State of Minnesota shall not be liable for such costs as are incurred by the local unit of government because state grants -in -aid funds for the said bicycle trail are depleted. VI. [OBLIGATION OF THE LOCAL UNIT OF GOVERNMENT] After the trail has been approved, the local unit shall forthwith proceed to acquire necessary in- terests in Should the trail work to provide reasonably ities when may withhhold payments agreement. - 3- lands and establish the trail and open the same to the public. local unit of government fail to comply with the authorized plan or to expedite completion of project and thereafter fail for adequate maintenance which shall include keeping the trail safe for public use, providing sanitation and sanitary facil- needed and other maintenance as the State may require, the State to the local unit of government and terminate this STATE OF MINNESOTA LOCAL UNIT OF GOVERNMENT DEPARTMENT OF ADMINISTRATION City of Eagan B (County) (City) (Village) (Town) Title: By: Date: Title: Mayor (Chairman or Clerk) APPROVED AS TO FORM AND EXECUTION By: Title: Clerk Spec. Asst. Attorney General (Auditor or Clerk) Date: DEPARTMENT OF NATURAL RESOURCES By: Title: Date: ; Z' S Q° < < •ate � ��a Z ow=Woo Luz O d Oa N4Vn _a ^amuou.u. =- ‘•■ 4n/o/7 4 Yo /a /- Ca 00 c a ACiAN 145A41411&NI A Sira atty;434 I 4/7&fnehne . • 249,9c. 10 . . D TRAIL WORK PLAN CITY OF EAGAN BICYCLE TRAIL ASSISTANCE PROGRAM APPLICATION 6. Design Standards Width - 10 feet Surface - Ag. Lime Ag. Lime shall have 80% passing the #8 sieve and a minimum of 80% CCE (calcium- carbonate equivalent) Walks can be 4" campacted thickness 4% minimum vertical slope unless special treatment used. „0,111111 111111:1111111111, 11. 0 0 , 223* • WO. SLAT s t RA TOUSIO KANT — ■‘. 1 1 11 - TEST TER d APPLE / !AMATO WOWS V NORT,ERN 0,TES ZOOLOGICAL GARDEN Sg RD. FOX RIDGE • • •••••••••.... YCS7 NO 3 itaerr" 9 / v `7, 400 VISIO11TL 1ST 2ND 1 .0,1°4 BLAPkHAWK ;17. .... f4v.i.ggii=14 140 JAIE 1 1 0 11111111115 V 1 L LA GE OF EAGAN TRAIL GUIDE PLAN IMP PUBLIC Ll SCHOOL 152 QUASI—PUBLIC MENDOT \FITS VA HHH AW,'" g PATRICK EAGAN DAKOT BOUNTY PARK MUM NM= E m IL !T &AIM I rim= 111 1 1117 adal I TH H k 1. IV .1 =116 • WE OTT HIKING HIKING • 4to >1. NORTHVIEW SCHOOL ROSEMO 111 EYE, ME OR ALL PURPOSE: BIKING EQUESTRIAN C SONNE AREAS) SNOWMOBILE ERN SOME AREAS, ouorroo's NO a 11111111411111111111. R OAKS M.'. 1973 CO> R 23 W URBAN PIANMII4G AND DESIGN P WOO 1/2 mA6 SONIESTI-100.ROSSNE.AM 1011-1K 011 I I I I NORTH L &F 254 7/71 Director, Division of Lands & Forestry Department of Natural Resources 3rd Floor entennial Office Building .,t. Paul, Minnesota 55101 Dear Sir: Representing -F - ' APPLICATION FOR FOREST TREE PLANTING STOCK TO BE PLANTED ON PUBLIC LANDS UNDER THE PRO- VISIONS OF CHAPTER 94, SESSION LAWS 1947. We, being a political Subdivision of the State, propose to make a forest plantation upon the following lands, Forty citi ": v :14 " ,, Section4 -alLt ; c , Township , Range County ., , which have been set aside and dedicated to forestry or conservation purposes. Kindly mark an X opposite the forest classification most applicable to your intended plantation. State Forest Municipal Forest ^ Roadside Forest State Park County Forest School Forest Forest For the purpose of this plantation, will you please ship to me the following trees at the address given below: (order trees in multiples of 100) >- 66-67 6 -74 KIND OF TREES NUMBER OF TREES Z Species No. of Trees O a t ( 514? r - rt a. u_ 2. Eg We have arranged for truck pickup; give name of party with whom you have arranged for truck pick up'-r1a AZA <-\ ■ .. Print Name "°r"€ °t"; �; n .., , :u "'r Signature`` C'i ^« Your Address Name of Agency ��- •'a Send original and one copy to St. Paul , Minn. , 19_ AGREEMENT consideration of ihe furnishing of said trees by the State of Minnesota for reforestation and other conservation purposes prescribed by law, I hereby agree to accept same upon the following conditions: 1. Said trees shall be planted only for the purpose of auxiliary forests. wood lots,..,NAnd cs shelte�l(g, erosion control, soil conservation, water conservation, psrmanent food and cover for wilnife, affo f on upon the above described lands. (Underscore use deemed most important.) 2. Said trees shall not be used for raising fruit for human consumption or planting for ornamental purposes. 3. It is unlawful for any person to use or permit the use of any of said trees for any purpose not authorized here- under, or to sell, give, remove or permit the removal with roots attached of any tree planted from stock furnished here- under for replanting on any ground other than the legal description listed in the original application or for any unauthor- ized purpose, subject to the penalties prescribed by law. 4. I agree to obtain said trees immediately after arrival of shipment at destination, to take proper care thereof to prevent injury or deterioration, to plant the same promptly and properly and in accordance with any instructions accom- panying shipment, and to protect all plantations of said trees from fire, trespass, grazing by domestic livestock and other destructive agencies so far as is practicable. 5. The Commissioner of Natural Resources or his agents shall have access to all plantations of said trees for - the purpose of inspection. o. it is understood that trees from state nurseries will be shipped express collect, transportation charges to be paid by consignee upon receipt, except where other arrangements have been specifically made well in advance of tree shipment. 7. The right is reserved by the Commissioner of Natural Resources to reduce or cancel orders if sufficient stock is not available for any cause. SHIPPING INSTRUCTIONS MUST BE COMPLETE - INDICATE HOW YOU PLAN TO RECEIVE TREES 1. I I Ship Railroad Express Collect 3. 1 1 We will pick up trees at nursery Ship to (name - please print) Shipping Address I Nt . , s jd c _ ice( ",.a Card Column & Code Cols. 1 -4 Sales No. 32 -33 County 34 Nursery 35 -36 Month 37 -38 Year 39 Class Land 44 F.A. Proj. 45 Shipping Data MEMO: RE: HUD Procedures for Park Property Acquisitions The following is a resume of some of the more important procedures that appear to be necessary to follow under the January 23, 1973 HUD guidelines (11320.1) . 1. Fair and Just Price The City Council should by resolution indicate that any price paid for the land is fair and just in light of other land being sold in the area. Only in the case of a court award in condemnation proceedings followed by a trial on the merits of the issue of value or specifically approved in advance by an agreement with the Fait) area office may a different price be paid. 2. Appraisals Each property should be appraised by two competent independent appraisers from private practice. The appraisers selection need not be by competitive bidding but an agreement for appraisal services similar to appendix II of the HUD guidelines should be used. The appraiser must state that he has no conflict of interest involved in the appraisal. a. Bach appraiser shall Hive the owner or his representative an opportunity, by reasonable advance notice in wilting or otherwise, to accompany the appraiser during his inspection of the property. A record should be kept of this notice. b. Fees may be established based on prevailing rates in the area. c. Appraisers shall not act as negotiators. d. The appraisals must be reviewed by a competent staff appraiser or private professional appraiser under contract with the City who shall determine the adequacy of the appraisal reports. (see para. 21) The reviewers findings shall be set forth in a written report explaining his conclusions as to the fair market value. 3. Resolution as to price. The City Council should then adopt a resolution under Para. 22 estab- lishing (a) just compensation (fair market value) (b) identifying the name of the property owner (c) delimiting the property interest to be acquired, and (d) certifying; that the work of the appraisers and review appraisal by the staff appraiser or private professional appraiser has been performed in a competent manner in accordance with State law and LWD requirements. 4. Statement to Omer. The City must furnish to each owner a written summary statement of the basis for the amount established as just compensation together with a written offer to purchase at the initiation of the negotiations. It shall include the legal description, the amount of offer, etc. The state- ment must be very detailed per pare. 23. 5. Notice of Intent to Acquire. The City shall give the owner an official notice of "intent to acquire" property. It shall be given as soon as feasible after the effective date of approval to acquire the real property. The City shall proceed promptly and initiate purchase negotiations within 90 days following service of such notice, para. 26. A written statement in non - technical terms shall be furnished to the owner explaining acquisition procedures. See para. 27. 6. Selection of the Negotiation. A real estate broker or City staff member may negotiate but neither appraiser nor review appraiser May ,be the negotiators. a. The signed statement by the aegotiator setting forth his qualifications and experience in negotiations. The purchase of real property shall be submitted to the City. b. A guide form agreement for negotiation services is found under Appendix 3 which is optional and may be modified. The suggested 12 page negotiation services agreement could probably be avoided by more direct negotiations with the seller. c. Also, the fee schedule for negotiation services is laid out at para. 31. 7. Instructions to Negotieetors. Instructions to contract negotiations should be given before signing a contract per para. 32. 8. Negotiations. The disclosure of appraisals to a owner is neither required nor preincluded by federal law or €LUD policy. The City shall adopt its own position. A meeting should be set up with the owner or representative and the first step is to deliver a written offer to the owner per para. 40 with an option agreement attached. a. The offer moat include a written summary statement of the basis for the amouut estimated to be just compensation with information similar to para. 23. b. If the evidence presented by the owner indicates that new appraisal evidence should be acquired, the City shall have the appraisal up dated or obtain a new appraisal. A revision in acquisition price may be based on the original appraisals if a sound determination can be made that way. Para. 401 also see para. 40f where a change in the City determination is a just compensation may be suede. 9. Condemnation. A diligent effort shall be made to negotiation and if unseccessfut the City shall than make a final offer to the owner in writing per para. 46 and notice of date of intention to start condemnation. 10. Closing. a. Before closing,the property shall be inspected and a report prepared per para. 53. b. Settlement cost and reporting statement shall be prepared listing all charges and costs, etc. c. A Title Opinion shall be delivered following acquisition. 11. A complete history - -of the transaction including a summary record of dates shall be kept by the City. a. The City shall file a fiscal year report under form HUD 6501 similar to Appendix 4 as soon as possible after June 30, of each year. ?Mira. cc: Alyce. bolke John Voss Park Committee.Schmidt Yours very truly, Paul '[ Hauge N. 1M7% Revised 1971 MILLER- DAVIS Co. Minneapolis (SEAL) Janet Kehne Seller PURCHASE AGREEMENT Eagan Minn., RECEIVED OF .. Th.e.. Ci. ty.. of.. Eagala,.. .a..municip.al...curpo.r.atio.n the sum of Five.. Hundred..Doi1ax .s. /.1.00 WHITE— Office Copy YELLOW — Buyer's Copy GREEN — Seller's Copy PINK— Buyer's Receipt January ,1974 ($.5.Q0<00 ) DOLLARS check as earnest money and in part payment for the purchase of property at ( Check, Cash or Note — State Which) 1200 Deerwood Drive Eagan County of Dakota situated in the , State of Minnesota, and legally described as follows, to-wit: The North 330 feet of the East z of the NW4 of the SEy. of Section 22, Township 27, Range 23. including all garden bulbs, plants, shrubs and trees, all storm sash, storm doors, detachable vestibules, screens, awnings, window shades, blinds (including venetian blinds) , curtain rods, traverse rods, drapery rods, lighting fixtures and bulbs, plumbing fixtures, hot water tanks and heating plant (with any burners, tanks, stokers and other equipment used in connection there- with), water softener and liquid gas tank and controls (if the property of seller), sump pump, television antenna, inciner- ator, built -in dishwasher, garbage disposal, ovens, cook top stoves and central air conditioning equipment, if any, used and located on said premises and including also the following personal property: All carpeting and drapes throughout. all of which property the undersigned has this day sold to the buyer for the sum of: Fifty _. p hous.and...and..no. /.100 ($.52.,.Q.QQ..0.0....) DOLLARS which the j;•ti`7et agrees pay in the following manner: 1974 .. Earnest money h @relti 14ai $ 500.,.00.......... and $ , cash, on ox '....befor.o..Ma.z.G.k1..15.,., the date qt nosing.;• ■•■■ / l/ 1. 'fl e Sell,Rif shall be given a lease to the residence on the property fro — Buyer iT Tti'ding the land immediately surrounding the residence and the acres driveway to the residence from Deerwood Drive. However, the City of Eagan' employees and officials shall be permitted to drive over and use the driveway access to the property from Deerwood Drive. The Seller shall during the term of the lease main- tain the driveway over the above property at her expense, 2. Said lease term shall run from the date of closing the property until August 31, 1975 at $250.00 per month payable in advance on the 15th of each month. Seller shall be given an option for an additional six (6) months on the same terms except that the rent shall be $300.00 per month. Additional options may be entered into upon rental terms agreed upon. The Seller shall give the Buyer at least -60 days notice of her election to exercise the option described above. It is understood that the Seller, Mrs. Janet Kehne, shall personally occupy the premises during the entire lease term and any option periods. 3. Eagan shall be given the right during the lease term to construct pathways along the lakeshore over the above property. 4. Eagan will post no trespassing signs on the property being leased to the Seller. 5. Any temporary buildings constructed by the Seller shall be removed by the Seller prior to the expiration of the lease term. agreement nave been complied with. Unless otherwise specified this sale shall be dosed on or before 60 days from the date hereof. In the event this property is destroyed or substantially damaged by fire or any other cause before the closing date, this agreement shall become null and void, at the purchaser's option, and all monies paid hereunder shall be refunded to him. The buyer and seller also mutually agree that pro rata adjustments of rents, terest, insurance and city water, and, in the case of income property, current operating expenses, shall be made as of . (S.e.e...abQV.e. The seller shall, within a reasonable time after approval of this agreement, furnish an abstract of title, or a Registered Property art Abstract c:lied to date to include proper searches covering bankruptcies, and State and Federal judgments ar.,d liens. The buyer shall be allowed 10 days after receipt thereof for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. If any objections are so made the seller shall be allowed 120 days to make such title marketable. Pending correction of title the payments hereunder required shall be postponed, but upon correction of title and within 10 days after written notice to the buyer, the parties shall perform this agreement according to its terms. If said title is not marketable and is not made so within 120 days from the date of written objections thereto as above provided, this agreement shall be null and void, and neither principal shall be liable for damages hereunder to the other principal. All money theretofore paid by the buyer shall be refunded. If the title to said property be found marketable or be so made within said time, and said buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said seller and said agent, as their respective interests may appear, as liquidated damages, time being of the essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided action to enforce such specific performance shall be commenced within six months after such right of action shall arise. It is understood and agreed that this sale is made subject to the approval by the owner of said premises in writing and that the under- signed agent is in no manner liable or responsible on account of this agreement, except to return or account for the earnest money paid under this contract. The delivery of all papers and monies shall be made at the office of: Hauge & Hoey, P.A. I, the undersigned, owner of the above land, do hereby approve the above agreement and the sale thereby made. By Agent I hereby agree to purchase the said property for the price and upon the terms above mentioned, and subject to all conditions herein expressed. The City of Eagan I.t' s Mayor Buyer (SEAL) • e_ .n,dnc , mn. rp+m.r.• M.. KEN KERSTEN CONTRACTING 1901 Gold Trail Eagan, Minn. 56122 4b44106 City of Eagan 3795 Pilot Knob Eagan, Minnesota �csr detach and , .,,turn upper portion with your remitrarce. J CHARGES AND CREDITS BALANCE Contract payment $904.00 Additional snowfall charges (clean all $150.00 areas) 1 44 -`. 1054.00 $1054.00 TCE MAINTENANU MART JANUARY 16n31 1974 This maintenance period required 169 man hours for the 15 day schedule. For the first time we spent under estimates of paid man hours due to the warm weather, and increased help from CAA members. The unseasonably warm weather did reduce ice maintenance time on this reporting period, however the poor ice conditions will result in more hours to return it to good condition. We only curtailed ice surface maintenance fully one evening and worked half- shifts four evenings. We experienced a snowfall on 1/20/74 which was the heavy wet variety requiring considerable manual labor to remove. The snow blowers were ineffective and after expending 16 man hours attempting to remove the snow we consulted Mr. D. Everson who authorized use of the Bobcat and we subsequently saved the ice from freeeing uneven. We felt this necessary use together with removal of piles behind some boards consti- tuting a $150.00 additional fee as authorized in the maintenance contract. Of the 169 man hours expended (not including city employee's time) 86 hours were spent on Pilot Knob, Country Home Heights, McKee's and some c cleaning at Highview. The voluntary help at Rahn School accounts for the additional time needed to maintain the surfaces on the North Side areas. e' en Kersten Contracting 1901 Gold Trail Eagan, Minnesota 55122 677