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10/07/1980 - City Council Regular a ..I. Y...A N . • M i« w . ~ . J q,~•DYA I41q M . AGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL OCTOBER 7, 1980 6:30 P.M. 1. 6:30 - ROLL CALL AND PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA AND APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS Q.~ A. Fire Department ` C. Park Department Q B. Police Department Z D. Public Works Department eIV. 6:55 - CONSENT ITEMS [One (1) Motion Approves All Items] 10 A. LOGIS - Resolution to Approve Security Agreement ~-11 B. Ambulance Contract - Divine Redeemer Memorial Hospital %2 C. Proclamation for National Business Women's Week e.%?-D. Extension of Time - Replat of Erickson's Cottonwood Addition e.IZE. Transfer of $75,000 from General Fund to Park Site Acquisition and Development Fund e.12 F. Authorization to Proceed with the Negotiation of Equipment Certificates e.14 G. Resolution Authorizing City of Eagan Payroll Account at Mid America National Bank of Eagan. (Payroll Only Account) Q•15 H. Resolution Authorizing First Bank Minnehaha as a Depository for the Investment of City of Eagan Funds Q•~5 I. Award Bid & contract for Imp. 80-29 (Deep Well #6 Pump) tAl J. Award Bid & Contract for Imp. 80-30 (Highview Avenue Street) C1 K. Conditional Use Permit Renewals for September & October 21 L. Approve MnDOT Plans & Specifications - Old Cedar Avenue Bridge Removal V-7-\ M. Imp. 79-1, Change Order #4 (Beacon Hill Utilities) F.21N. Approve Excavation/Fill Permit - St. Francis Woods Second Addition 22 O. Approve Excavation/Fill Permit - Mari Acres Q 22.p, Approve Excavation/Fill Permit - Sperry Corporation, SEk Section 9 V. 7:00 - PUBLIC HEARINGS x.23 A. Assessments for Project #241 (Imps. 79-13, 21 - Lakeside Estates, 79-13, 21 - Saddlehorn, 79-11, 12 - Dodd Road and 79-7, it Wilderness Run Road e.3 4 B. Industrial Revenue Financing - Yankee Square Office II in the amount of $1,403,480 p•3 SC. Industrial Revenue Financing - Yankee Square Office Ill in the amount of $1,513,480 EAGAN CITY COUNCIL AGENDA OCTOBER 7, 1980 PAGE TWO VI. OLD BUSINESS 3`6 A. Orpha L. Spangler for Preliminary Plat Approval of Spangler's Addition, located in part of the W2 of the Wz of the SWk, Section 9, T. 27N, R. 23W B. Comprehensive Guide Plan VII. NEW BUSINESS Q 3 5 A. Certification of 1980 Property Tax Levy/Payable 1981 (Proposed 1981 Budget) Imp. 80-31, Approve Plans & Specifications/Order Advertisement for Bids (Univac Reservoir Repainting) e 4ZC. Imp. 80-20, Execute NSP Joint Consent Agreement (Schmidt Addition Utilities) Q,q 3 D. Northwestern Mutual Life Insurance Company for Preliminary Plat Approval of Eagandale Center First Addition, located in the SEk of the NE4i Section 3 p.dl~ E. Dom_nion Development Company for Final Plat Approval of Wind- Crept First Addition p s) F. iienry Braun for Final Plat Approval of Braun Sunrise Addition VIII. \ OTHER BUSINESS 53 A. Petition for Lexington Avenue (C. Road 43) Extension P.Sb B. Petition for Completion of Wilderness Run Road from Lexington Avenue to Dodd Road Q.S9 C. Pet Lion for Street Improvements - Twin View Manor p.6 S D. Appointment of Sign Committee 1 66E. Review Special Assessment Committee Recommendations ~p 1 S F. Receive Petition/Order Feasibility Report Pr-)je.t #320 P7 7 G. Request for Extension of Assessment Years - Froject #303 (Brittany Second & Third Additions) Q •79H. Revision to Ordinance #52 IX. VISITORS TO BE HEARD (For those persons not on the Agenda) X. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 25, 1980 SUBJECT: AGENDA INFORMATION After approval of the September 10 Joint Advisory Planning Commis- sion/City Council meeting minutes, the September 16 regular City Council minutes, the September 24 special City Council minutes and the October 7, 1980 City Council agenda, the following. items are in order for consideration: ! # t, At the request of the City Council, plans are being made to recog- nize Local Government Day on Tuesday, October 21, 1980. A ceremony is in the planning stages for the dedication of the Rahn Thomas Trail The place for the ceremony will be Thomas Lake Elementary School by the trail as it intersects Thomas Lake Road and the time of the ceremony; is 6:00 p.m. The Advisory Park Committee has been ; notified and is expected to be present. As a result of the City wide newsletter,. the City Administrator has received a call from a Mrs. Larson, who resides in Evergreen Park Addition, who is also. the Girl Scout Troop Leader for Troop 804. There are twelve (12) girls in that troop, most of whom live in the Evergreen Park Addition. Mrs. Larson was asking if her Girl Scouts can participate in some way or another with the official ceremony. The girls could do one of two things, or both, and that is a special flag ceremony at, the site and/or hand out flyers that the City Administrator will prepare regarding cost, length of the trail and additional information pertaining to the ceremony.' Mrs. Larson is planning to be present at theCouncil meeting to offer her scout troop. par- ticipation in the ceremony. Whether the City Council wishes to involve any other community groups or limit the involvement to possibly that troop and the Advisory Park Committee and City Council should be decided. FIRE DEPARTMENT A. Fire Department There are no items to be considered for the Fire Department at this time. POLICE DEPARTMENT B. Police Department There are no items to be 'considered for the Police Department at this time. PARK DEPARTMENT C. Park Department There are no items to be considered for the Park Department at this time. Agenda Information Memo September 25, 1980 Page Two PUBLIC WORKS DEPARTMENT D. Public Works Department Item #1: A petition was considered at. the September 16, 1980, City-Mo-uncil meeting that requests the installation of a stop sign on Carnelian at the intersection with Pumice Lane. The Director of Public Works has prepared a map showing the existing stop signs and speed limit signs along Carnelian Lane. A copy of this map is enclosed on page for your reference. The amount of cross traffic that occurs on pumice Lane does not warrant the stopping of the traffic on-Carnelian Lane which is designated as a residential collector street in Cedar Grove Seventh Addition. In addition to the Director of Public Works' analysis,' there presently exist adequate speed limit signs , informing motorists of the speed limit along Carnelian Lane. There- fore,' the staff cannot recommend the installation of stop signs on Carnelian at Pumice Lane. If additional signs are required due to hearing impaired children in the vicinity, the maintenance department will install those .signs in the area so designated in writing by the parents of, the hearing impaired child. The stop sign that is referred to in the petition on Flint Lane and Carnelian Lane was previously installed to control traffic on Flint Lane. After several objections from the neighborhood, the City Council directed the staff to relocate the signs from Flint Lane onto Carnelian Lane. A letter was also addressed to the staff's attention in May of 1980 requesting similar consideration for the installation of stop signs on Carnelian at Amethyst Lane. This is presently a " T " intersection with the through traffic receiving the right-of-way on Carnelian Lane. As such, a three way stop sign at this intersection is not warranted according to the Manual on Uniform Traffic Control Devices. Subsequently, the Engineering Department cannot recommend the installation of a stop sign at this vicinity. A.copy of the petition that was sent to the City Council prior to the last meeting is included on pages - through :7 The per.son submitting the petition was contacte and asked to pear at the meeting on Tuesday. ACTION TO BE'CONSIDERED ON THE MATTER: To either approve or deny the two (2) stop sign requests. n " ~ PT , F OIL. \ ~ , u► , r \~,A N \ i rn ~~1, ti RAHN --k 'Z D to r." t( y r A't~ 9 G .t b.Z 0 0 BALLANTRAE. t~ TH Go r RD. ~'y6 1 ~ I f J ~ kq} A. c f LAUREL n+ 46 1wF9 - oOR _ OR. 0. Ifo Z ~\f ~ OL HLd~N-~ N% MAGNETIT " t,A►• lA•IU D fir' CIN AGAR lp Pt~I ~y ' - 0 SILVER- r - - - - - - C tNN A"~, rn n L~S~iAP,,~ BE`l.L ~~0r HAUT 41 L v r r--~ \ LA. ! \ ,O G SERPE"NIE ~0'F ~~0~ I \ h CM -C Fr, o R luo(SE~ " CIFt ~t o v BLACKHAWK {r Z AY N 1 l/-~\ D ~ D 7m-4D r*+' o a - - IVER.. ~ AVE. - _ -KNOLL RI - - • I e 'r , p Oz -11 'W" - 3 C11> C+ w P. P. ~4Ck r- m ca co H4w~ w w w :j 0 O'z 101 Cl) co C+ 00. cn~o m C+ Id m 10 0 \ \ Pd cn c+ rM Q ca w w Mayor, City o~Ea.-,Li Fagan City Col:ncll Eagan City Digineer .1 i I':e the -,-:der `-r.od 1 e ues. that action be taken to change the traffic flow pattern on Carnelian Lane between Rahn Rd. mini 3lackhawk Rd. e The volume of traffic, speed of vehicles rind the nu:uber of smfLll children, espy cialty in the area of Carnelian Lane L. Lmethyst, have created a situation that we feel is going to result in injury or death to a child. Possibly, the placing of a stop sign at the above location would shift traffic, other than local, to Hi -hway #13 or Co. Rd. #'30. It is interesting to note that during the past year a stop sign was placed on Carnelian Lane at Flint. ;e are sure this led to a traffid flow change and a reduction of fear for the residents of that area. Thank you for your cooperation in this matter. Richard L. Johnson 1908 Carnelian Lane Eagan, ion. 5`122 Steven Schramb 1912 Carne11an Lan e E ak an. ~1. 5 22 J S k 4 r S- 'r ~ ~ ~ } ` s. a~. ~ Fr r „•,jz.rw ~ o r ! r r fi r ,:♦~C „ k d r ♦ / ~ .r[' a J'_ ( r ~ , v i a .r ay , 3 s k ,.~y.. ^ - l w • ,'?f SF v iA 42" t } 1 x C 4, / a e rJ c ova rx tz` ,c am ze dAe., aJ lLieJ /7~rx2cn . Gu/o- tin 'ad ~.Q'lY)IZ4 03-V 6( i9.P~s/f ~o 5 j 0 16WO zkj 7/- (v se e\ f Agenda Information Memo September 25, 1980 Page Three Item #2: One May 20, the Council received bids for a budgeted one-ton park maintenance vehicle. Because the bids received exceeded the budgeted amount, the Council authorized revising the specifications to advertise for a cab and chassis truck only with the understanding that subsequent bids would then be issued for the dump box and snowplow. Subsequently, we solicited several quotations from manufacturers and suppliers for the dump box and snowplow. It is the recommendation of the Director of Public Works to award the purchase of the dump box to Midland Equipment Company in the amount of $3,168. In addition, it is recommended-that the plow be purchased from L-Z Company, Inc., in the amount of $1,289. The quotation received for the plow was $12 over the lowest quote, but is more compatible to the cab and chassis truck which was pur- chased in August. The staff feels that these quotes are in line. ACTION TO BE CONSIDERED ON THE MATTER: To set quotations and authorize the purchase of a one-ton dump box_from Midland Equipment Company in the amount of $3,168 and the purchase of the snowplow from L-Z Company, Inc., in the amount of $1,289. Item #3: As a part of staff's continuing effort to consolidate, coordinate, review and establish standard annual fee schedules in a timely manner, it is requested. that the Council authorize the preparation of the 1981 Fee. Schedule. This will establish fees and rates to become effective.on January 1, 1981. These fees will 'cover such items as sewer and water billing, lateral benefits from trunk utility installations, residential street construction equivalents, road unit connection charges, area storm sewer trunk assessment rates, street light energizing rates, etc. Staff would like to prepare this report during October and November to be pre- sented to the Council at the first meeting in December with the intention of having all rates reviewed, revised, if necessary, and approved for implementation on January 1, 1981. It is hoped that this consolidation of review and adjustment will eliminate confusion from the general public and will also help staff to know what rates are in effect at any particular time. ACTION TO BE CONSIDERED ON THE MATTER: To authorize staff to pre- pare the 1981 Comprehensive Fee Schedule. O Agenda Information Memo September 25, 1980 Page Four Item #4: We have received correspondence from the Metropolitan ransit Commission (MTC) indicating they will be installing passenger waiting „shelters at the northeast intersection of County Road 30 and Rahn Road and also at Silver Bell Road and the Easy Street Apartments. Both these locations conform with previous staff and City Council requests. ACTION TO BE CONSIDERED ON THE MATTER: To approve the installation of. MTC passenger waiting shelters at the intersection of County Road 30 and Rahn Road and on Silver Bell Road at the Easy Street Apartments. Item #5: The City has received a request from Mr. Eugene Haeg for compensation for the loss of a large crab-apple tree during the Dodd Road street improvement project. In a pre-construction agreement with Mr. Haeg, the City Attorney's office, after consul- tation with the City Engineer, stated that this particular tree' would not have to be taken. Subsequently, it was jointly recognized by the landowner and the engineering staff that the tree should be removed for proper construction and sloping. A request for $250 compensation for the loss of.the tree has been made. Enclosed with the Administrative Packet on Monday will be a letter from the City Attorney's office further explaining the situation. ACTION TO BE CONSIDERED ON THE MATTER: To approve the payment to Mr. Eugene Haeg of $250 for the loss of the° large crab apple tree during street construction. q Agenda Information Memo September 25, 1980 Page Five • There are sixteen (16) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If there is any item which the City Council would like to discuss in further detail, that item should be removed from the Consent Agenda and placed under Other Business unless the discussion required is brief,. This will allow the Mayor to proceed with Public Hearings as legally noticed at 7:00-p.m. LOGIS A. LOGIS - Resolution to Approve Security Agreement The.Local Government Information Systems Association referred to as LOGIS requires that participating members execute a resolution authorizing a security agreement with Optimum Systems, Inc. The LOGIS contract with Optimum Systems, Inc., or OSI, for the implementation of a three thousand version of GEMUNIS requires that all members using the system execute a security agreement with OSI assuring them- that the proprietary nature of the product will be protected by the users. A standard agreement was prepared and all cities that have been member users of LOGIS have executed" these agreements with that organization. The Director of Finance, City Administrator and City Attorney have reviewed the agreement and find it to be acceptable. ACTION TO BE CONSIDERED ON THE MATTER: To authorize the Mayor and City Clerk to execute the Security Agreement with OSI. • 0 Agenda Information Memo September 25, 1980 Page Six .AMBULANCE CONTRACT B. Ambulance Contract - Divine Redeemer Memorial Hospital A new agreement has been worked out between the Cities of Eagan, Inver Grove Heights, Lillydale, Mendota, Mendota Heights, Rosemount, South St. Paul, Sunfish Lake and West St. Paul with Divine Redeemer Memorial Hospital in that the hospital will provide paramedic ambulance service to all nine (9) cities. The first agreement was drafted in 1976 between the nine cities and Divine Redeemer Memorial Hospital to provide the ambulance service at a..fixed per capita cost. This per capita cost was approximately 65¢. Because of inflation and increasing expenses for the hospital, the per capita cost for ambulance services in 1981 will be approximately 99.9¢. The new agreement guarantees all nine cities ambulance service for four (4) additional years at a fixed per capita rate that would increase along with the consumer price index. There is a lid on a consumer price index which is 9.5%. The per capita increase cannot exceed 9.5% per year assuming inflation is equal or higher. Therefore, the per capita rate in 1981 will be 99.90, and assuming the worst, $1.09 in 1982, $1.20 in 1983, and $1.31 in 1984. The cities have been-negotiating this contract with Divine Redeemer Hospital for several weeks. Divine Redeemer Memorial Hospital also has a contract with the Cities of Burnsville, Apple Valley, Lakeville and Farmington, and their per capita rate for 1981 is $1.63. Because of the location, geographic consideration and population along with the years of experience, the nine cities that Eagan is a member with respect a better per capita rate The other four (4) cities have recently terminated their contract with Smith-Ambulance, and because of start up costs and lack of experience, $1.63 per capita was the best rate Divine Redeemer Memorial Hospital could provide those cities. For your information, the nine (9) cities have two fully equipped paramedic ambulances and maintain a staff for each ambulance on a twenty-four hour basis seven days a week. Each ambulance is staffed with two paramedics` with national certification. One ambulance is housed in Fire Station #2 in Eagan and the other ambulance is located at Divine Redeemer Memorial Hospital in South St. Paul. The City of Eagan, though its per capita rate is the same as the other eight cities in the contract, also has the benefit of sharing one of the two ambulances stationed in the Burnsville, Apple Valley, Farmington area. Divine. Redeemer Memorial Hospital uses a floating system where its ambulances will move to different locations once any ambulance goes into use to. provide maximum response capability within its service area. In other words, if the Eagan ambulance is needed in West St. Paul because the ambulance in South St. Paul is in use, an ambulance housed in Burnsville may move to a parking lot close to the Eagan border to provide response time in our City. It is recommended that the contract be executed. ACTION TO BE CONSIDERED ON THE MATTER; To approve the ambulance contract as offered by Divine Redeemer Memorial Hospital II Agenda Information Memo September 25, 1980 Page Seven PROCLAMATION - NATIONAL BUSINESS WOMEN'S WEEK C. Proclamation for National` Business Women's Week A letter was received from Mrs. Judy Bahnsen, who resides in South St. Paul, asking that Mayor Blomquist proclaim the week of October 19 through the 25th, 1980, as National Business Women's Week. e ACTION TO BE CONSIDERED ON THE MATTER: To proclaim October 19 through 25, 1980, as National Business Women's Week. REPLAT OF ERICKSON'S COTTONWOOD ADDITION D. Extension of Time for Replat of Erickson's Cottonwood Addition A letter was received from Mr. Ken Erickson, representing Erick- son's Cottonwood Addition, asking for an extension of time to consider the final plat for the replat of Erickson's Cottonwood Addition. Mr. Erickson is requesting as extension due to current economic conditions and financial hardship to proceed with the final platting at this time. A-six month extension is requested. ACTION TO BE CONSIDERED ON THE MATTER: To grant an extension of time of six months to consider the final plat for Erickson's Cotton- wood Addition. TRANSFER TO PARK SITE ACQUISITION & DEVELOPMENT'FUND E. Transfer of $75,000 Fund to Park Site Acquisition and Develop- ment Fund As a result of several budget sessions held this fall, it is the intention of the City Council to transfer$75,000 from the General Fund to the Park Site Acquisition and Development Fund to cover the City's matching share for grants on the Rahn Thomas Trail Phase II, Park Land Section 9 acquisition and the Rahn Tennis Courts. The original transfer request was for $86,500; however, due to lower bids on the various projects, the amount of money required for transfer is less than originally anticipated. For future auditing purposes, it is appropriate to have authorization recorded in City Council proceedings ACTION TO BE CONSIDERED ON THE MATTER: To approve a transfer of $75,000. from the General Fund to the Park Site Acquisition- and Development Fund. EQUIPMENT CERTIFICATES F. Authorization to Proceed with the Negotiation of Two (2) Equip- ment Certificates Per previous authorization of the City Council, the City has purchased or will purchase heavy equipment. The maximum for the sale of an Equipment Certificate as required by law is $200,000. Therefore, it is necessary to negotiate the sale 12 0 Agenda Information Memo September 25, 1980 Page Eight of two (2) Equipment Certificates. The following is an accounting as, prepared by the Director of Finance as of September 23, 1980, for what has been referred to as the 1980 Equipment Certificates: 1980 Equipment Certificates Purchases As of September 23, 1980 ORIGINAL AMOUNT PURCHASES DEPARTMENT BUDGET REQUIRED AMOUNT VENDOR DATE Highways and Streets Backhoe O $14,250 $20,000 Truck (28,000 GVW) 34,000 - 34,000 Grader 82,000 92,000 637.50 Air Comm 5-6-80 Street Sweeper 44,000 49,398 43,884.00 Mac Queen 5-6-80 4,876.00 Mac Queen 9-16-80 1,732.00 Mac Queen 3-4-80 Tailgate Sander 2,800 1,732 Fuel Tank System O 16,000 Out Truck (1 Ton Dump) 9,200 4,900 . f7,750 Bnmbi 22,000 Out Trade In 21,000] [8,000 $203,250 $201,780 $51,129 50 Police Voice Stress Evaluator $ 5,500 $ 4,150 $ 5,150.00 Dektor Security4-10-80 Color Video Tape Recorder 2,860 2,659 2,658.25 Century Camera 1-15-80 Hand Held Radios 3,000 2,296 2,296.00 General Electric 4-15-80 878.26 Uniforms Visabar, Siren, Other 1,500 1,716 Unlimited 3-4-80 Equipment 837.79 WLV Sign & Supply 8-19-80 $12, 860 $11,821 $11,820.30 GRAND TOTAL $216,110 $213,601 $62,949.80 t3 Agenda Information Memo September 25, 1980 Page Nine In addition to these items, it appears the cost in excess of the bonded amount on the construction of the Fire Station constuction, improvements and related equipment can be recovered through issuing an equipment certificate to cover the cost of the pumper-($92,151). Adding all these numbers together produces current expenditures of $155,102 and additional estimates of $150,650 for a grand total of $305,752. The first equipment certificate will be sold for $155,102 at this time and the second in approximately two (2) months to cover the balance. Hopefully, the firm contract amounts for the balance of the equipment will be received by the City by that time. The first equipment certificate, the one for consideration at this time, will cover the street sweeper and related equipment ($49,398), tailgate sander ($1,732), pumper ($92,151), miscellaneous Police Department equipment ($11,821) for a total of $155,102. ACTION TO BE CONSIDERED ON THE MATTER: To authorize the City Administrator and Director of Finance to negotiate the sale of equipment certificate in the amount of $155,102, plus rates of issu- ance. EN.UM The actual bids for the sale of an equipment certi- ficate would be placed on the City Council agenda for consideration at a .later meetingonce the negotiations are completed. RESOLUTION AUTHORIZING PAYROLL ACCOUNT G. Resolution authorizing City of Eagan Payroll Account at Mid America National Bank of Eagan - A resolution authorizing an account at the Mid America National Bank of Eagan for the City of Eagan payroll is in order for consideration. The City is pre- sently using one bank account for all general, construction and payroll checking. A separate payroll account is being suggested to improve accounting efficiency and our system of internal control. Utilization .will be combined with implementation of the new accounting system and LOGIS. ACTION TO BE CONSIDERED ON THE MATTER: To approve the resolution authorizing the payroll account with Mid America National Bank of Eagan. 14 Agenda Information Memo September 25, 1980 Page Ten FIRST BANK MINNEHAHA - DEPOSITORY FOR INVESTMENT H. Resolution Authorizing First Bank Minnehaha as a Depository for the Investment of City of Eagan Funds A resolution is in order to consider First Bank Minnehaha as a depository for the investment of City of Eagan funds., The City approved some twenty financial institutions as depositories for City of Eagan funds in January. The First Bank Minnehaha has asked to be considered and is planning to bid on various investments of City funds. ACTION TO BE CONSIDERED ON THE MATTER: To approve the resolution authorizing First Bank Minnehaha_as a depository for the investment of City funds. IMP. 80-29 I. Award Bid and Contract for Imp. 80-29 (Deep Well #6 Pump) The bids-for Imp. 80-29, Deep Well #6 Pump, were received on Thurs- day, September 25, 1980, at 3:00 p.m. The. Director of Public Works and Consulting Engineer have reviewed the bids and are recommending that the low bidder, Bergerson Caswell be awarded the contract in the amount of $19,928. This low bid compares favorably with the Engineer's Estimate of $20,000. Enclosed on page is a copy of the bid tabulation sheet. ACTION TO BE CONSIDERED ON THE MATTER: To approve the successful bidder and execution of the contract for Imp. 80-29 (Deep Well #6 Pump). O.'R FL?F. #49160 WE`.'.. #6 PUMP EAGi.:•, r: • rKJJ. 80-29 BID TIME:3:00 P.M., C.D.S.T. BID DATE•Thut:. Sept. 25, 1960 CONTRACTORS 1. Bergerson Caswell $19,928 2. Layne Minnesota Co. 22,410 3. Keys Well Drilling 27,400 4. Engineer's Estimate $20,000 16 Agenda Information Memo September 25, 1980 Page Eleven IMP. 80-30 J. Award Bid and Contract for Imp. 80-30 (Highview Avenue Street) The bids for Imp. 80-30, Highview Avenue street, were received on Thursday, October 2, 1980, at 3:00 p.m. The Director of Public Works and Consulting Engineer have reviewed the bids. The low bid submitted has been broken down into three parts for comparison to the feasibility report costs as follows: ITEM REPORT BID DIFFERENCE Streets $18,220 $24,000 +32.0 % Services 508 1,300 +156.0 % Drainage 165100 17.670 +9.8 % TOTAL $34,828 $43,000 +23.5 % We feel these high bids might be a result of late fail construction combined with the short completion schedule required. to get the streets installed by freeze-up. The Director of Public Works sug- gests that the project be delayed 'until Spring of 1981 unless all residents acknowledge and accept the overruns. To have another hearing at this late date will `delay the project until spring of 1981 in any event. A delay will allow a direct connection of the storm sewer into the proposed Pilot Knob Road Improvement which will be under contract at that time. - Enclosed on page IS is a copy of the bid tabulation sheet and engineer's estimate. - ACTION TO BE CONSIDERED ON THE MATTER: To delay this project until spring of 1981 or to award the bid. 1-7 OUR FILE NO. 49169 NIGNTIEW AVENUE STREET IMPROVEMENT CITY IMPROVEMENT NO. 80-30 PROJECT NO. 292 FOR EAGAN, MINNESOTA BID TIME: 3:00 P.M. C.D.S.T. BID DATE: Thursday, Oct. 2, 198' CONTRACTORS TOTAL BASE BID 1. Richard Knutson, Inc. 542,969.50 2. McNamara Vivant Contracting Co. - 46.0 6.00 3. Bituminous Consulting & Contracting 47.657.00 4. Minnesota Valley Surfacing Go. 50,208.00 ENGINEER'S ESTtMATE------------- 541.000 t Agenda Information Memo September 25, 1980 Page Twelve CONDITIONAL USE PERMIT RENEWALS K. Conditional Use Permit Renewals for September and October - Enclosed on page 2O is a list of conditional use permits due for renewal in Septem er and October, 1980. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny renewals for the listed conditional use permits. 9 • • 1980 CONDITIONAL USE PERMITS FOR SEPTEMBER E L Murphy Trucking Co temporary trailer for office 3303 Terminal Dr Eagan MN 55121 Carl Case repair shop in his garage 540 Cty Rd 30 Eagan MN 55123 JaNette Flogstad nursery school-Mt Calvary church-Rahn Rd 4300 Blackhawk Rd Eagan MN 55122 Michael M Neisius storage & repair-up to 10 motorized 4855 So Robert Trail vehicles Eagan MN 55123 Mr Walter Wosje 10 head cattle on 3 acres 3945 Pilot Knob Rd Eagan MN 55122 1980 CONDITIONAL USE PERMITS FOR OCTOBER JaNette Flogstad nursery school-Blackhawk Road address 4300 Blackhawk Rd Eagan MN 55122 Orvilla Homes care home 3430 Wescott Hills Dr Eagan MN 55123 Alfred Wiger group therapy 780 Blue Gentian Rd Eagan MN .55121 Council Approval - Date Zo Agenda. Information Memo September 25, 1980 Page Thirteen PLANS & SPECS - OLD CEDAR AVENUE BRIDGE REMOVAL L. Approve MnDOT Plans & Specifications Old Cedar Avenue Bridge Removal Final plans and specifications have been received for the removal of the existing Cedar Avenue Bridge as a part of the overall Cedar Avenue Freeway construction project. The City of Eagan is not impacted by this project. ACTION TO BE CONSIDERED ON THE MATTER: To approve MnDOT plans and specifications for the removal of the Old Cedar Avenue Bridge and authorize Mayor and City Clerk to execute the required resolu- tion. IMP. 79-1 M. Imp. 79-1, Change Order #4 (Beacon Hill Utilities) The change order to the existing contract with Fredrickson Excavating Company, Inc., was necessary to complete the installation of utilities in the Beacon Hill Addition. This change order involves the completion of on side 'grading, drainage swales and overtime work necessary to complete the project within prescribed time limits. All costs associated in this change order have been reviewed with the developer, Dunn & Curry Real Estate Management, Inc. They have reviewed and agreed to these additional costs with the understanding that they will be assessed as a part of the overall utility instal- lation contract. The total amount of the change order is $10,800.50. ACTION TO BE CONSIDERED ON THE MATTER: To approve Change Order #4 to Imp. 79-1 in the amount of $10,800.50. EXCAVATION/FILL PERMIT - ST. FRANCIS WOODS SECOND ADDITION N. Approve Excavation/Fill Permit for St. Francis Woods Second Addition The City has received an application for excavation and fill within the twenty (20) acre proposed subdivision of St. Francis Woods Second Addition. Grading, drainage and erosion con- trol plans have been submitted and approved by staff. The required bond and insurance certificates have also been submitted and accepted. Staff recommends approval of this excavation/fill permit. ACTION TO BE CONSIDERED ON THE MATTER: To approve the excavation/ fill permit for St. Francis Woods Second Addition. t Agenda Information Memo September 25, 1980 Page Fourteen EXCAVATION/FILL PERMIT - MARL ACRES 0. Approve Excavation/Fill Permit for Mari Acres - The City has received a request from Hillcrest Development to proceed with the overall grading of the thirty-two (32) acre Mari Acres plat. The required grading, drainage and erosion control plans have been submitted, reviewed by staff and accepted, along with the necessary bonds and insurance certificate. Staff recommends approval of this excavation and fill permit. ACTION TO BE CONSIDERED ON THE MATTER: To approve the excavation and fill permit for Mari Acres. EXCAVATION/FILL PERMIT - SPERRY CORPORATION P. Approve Excavation/Fill Permit for Sperry/Univac Corporation As a ,part of Sperry Univac's proposed expansion, they are requesting an excavation/fill permit to perform the necessary grading before freeze up. , The required grading, drainage and erosion control plans have been submitted and it is anticipated that the required bond and insurance certificate will be in order prior to the meeting on October 7. Staff is recommending approval of this excavation/fill permit with the condition that the required bond and insurance certificate are acceptable. ACTION TO BE CONSIDERED ON THE MATTER: To approve the excavation/ fill permit request for Sperry/Univac Corporation (SEk Section 9). Agenda Information Memo September 25, 1980 Page Fifteen ASSESSMENTS FOR PROJECT #241 A. Assessments for Project #241 (Imp. 79-13, 21 Lakeside Estates, 79-13, 21 Saddlehorn., 79-11, 12 Dodd Road and 79-7, 11 Wilderness Run Road) The assessment hearing held on Wednesday, September 24, 1980, for Project #241 was continued until the October 7, 1980 City Council meeting. The meeting was continued to allow for a Special Assessment Committee' meeting at which.. time the City staff can give more detailed information to the residents of Lakeside Estates, Saddlehorn Addition and Dodd Road regarding cost overruns, method of assessment and other related concerns the peo le expressed at the original hearing. Enclosed on pages 2. through '33 is a copy of a report from the Director o Public Works as to what occurred at the Special Assessment Committee meeting held on Wednesday, October 1, 1980. For your information, the assessments on each of the projects, starting with Lakeside Estates, are broken down as follows: Street Improvements, $3,078.18 per lot; Restored Road, $1,310.83 per lot; Utilities, $4,691.94 per lot; Water Area, $280 per lot; Sanitary Sewer, $280 per lot; Total Assessment, $9,640.95. Saddlehorn Addition: Street Improvements, $3,440.79 per lot; Restored Road, $1,089.21 per lot; Utilities, $3,359.31 per lot; Water Area, $280 per lot; Sanitary Sewer, $280 per lot; Total Assessment, $8,449.31. Dodd Road: Street Improvement, $21.50 per front foot; Utilities, $19.75 per front foot; Water Area, $590 an acre; Sanitary Sewer, $590 an acre. • t There is no average assessment for Dodd Road; the rate for the street and utilities., as well as the area charges, pertains to how much footage or acreage, respectively, a property owner has as to how the assessment was determined. In some cases, residents on Dodd Road were assessed a partial front foot and a partial lot equivalent, depending upon which assessment district a -portion of their property abutted for project purposes as well as .'assessment determination. This also pertains to Wilderness Run Road improvements 'which were assessed at a rate of $6.32 a front foot for grading and $19.75 a front foot for sewer and water for the trunk area assessment` of $590 for water and $590 per acre for sanitary sewer. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the recommendation of the Special Assessment. Committee. 23 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: PUBLIC WORKS DIRECTOR 60LBERT DATE: OCTOBER 2, 1980 SUBJECT: PROJECT ##241 On Wednesday, October 1, a special informational meeting was held at City Hall before the Special Assessment Commmittee to review the assessments associated with the installation of streets and utilities for Lakeside Estates, Saddlehorn Addition and Dodd Road. Attached to this memorandum are various information sheets showing the breakdown of costs associated with these improvements. This information was distributed to all affected citizens at the meeting on October 1. After much discussion regarding their concern for the increase in the per lot assessment costs relating to the feasibility report estimates, the Special Assessment Committee proposed the following alternatives to be considered by the City Council: 1. Increase all street assessments from the proposed ten years to twenty years. 2. Increase all utility assessments from the proposed fifteen years to twenty years. 3. Allow only those per lot increases relating to design standards and a maximum 20% inflation figure. Those items that are allowed and disallowed are noted as follows per subdivision: LAKESIDE ESTATES (See Page 3 of this Memo) ALLOWED: 1.b. (20%); 2.a.; 2.b.; 3. (20%); 4.d. (20%); 5.a.; 5.b. DISALLOWED: l.a.; 4.a.; 4.b.; 4.c. SADDLEHORN ADDITION (See Page 4 of this Memo) ALLOWED: l.b. (20%); 2.; 3. (20%); 4.d. (20%); 5.a.; 5.b.; 5.c. (20%) DISALLOWED: l.a.; 4.a.; 4.b.; 4.c. Similar research and review will have to be performed for the construction items on Dodd Road to determine what inflation and/or design cost factors were included in the determination of the residential equivalent rate ($21.50 per front foot). Dodd Road assessments were levied on the basis of residential equivalence for streets and lateral benefit from trunk utilities for sewer and water. These rates are normally established irregardless of the cost of the project. There- fore, it is not anticipated that major adjustments to the assessment rates can be obtained. However, if additional consideration wanted' to be given for the street assessment ($21.50 per front foot), this assessment is based on the full Project #241 Memo October 2, 1980 Page Two residential equivalent even though the installation of curb and gutter did not occur. Consideration could be given to assessing a partial residential equivalent with the understanding that a second assessment would occur in the future when curb and gutter is installed. Dodd Road is a municipal state aid street with all funding being provided through our MSAS account. This allows greater flexibility in adjusting the assessment figure for a residential equivalent. As a part of the recommendation of the Special Assessment Committee, they requested staff to research alternative methods of financing the excessive costs that will not be assessed. Staff will present whatever findings and recommenda- tions they have at the meeting on October 7. as- Project /#241 Memo • October 2, 1980 Page Three LAKESIDE ESTATES ASSESSMENTS Adjusted* Item Report Cost Report Cost Assessed 1. Sewer Laterals $1,540 $1,710 2,451.66 Sewer Trunks 280 280 280.00 2. Water Laterals 1,050 1,170 1,624.81 Water Trunks 280 280 280.00 3. Service Stubs 450 450 615.57 4. Restoration 810 900 2,2259.71 5. Streets 1,300 1,450 2,100.16 5,710 16,240 $9,611.91(3,371.`° * Report costs were based on 50 lots while combinations reduced the number to 45 lots. 1. a, Due to poor sewer bedding soil a large amount of bedding rock was used, re- sulting in an increase in cost of $170/lot. b. The remaining $570/lot or 33% over the report cost was brought about by severe inflation in the construction industry and increases in unit prices brought about by poor soil conditions. ($570. 2. a. A change in design standards for the City of Eagan which requires looping of all water main in cul-de-sacs to increse water quality resulted in an increase of $410/lot. b. The remaining $40/lot or 4% over the report costs was brought about by in- flation. 40. 3• a. The 36% increase in service costs was due to increased unit prices brought about by inflation and other factors. ($165. 4. a. Excavation was not allowed for in the report, but was necessary to lower the street level to match low driveways and yards and remove unsuitable soil from the street. The cost of excavation and sand backfill was $530/lot. ($530. b• Due to the poor soil conditions encountered, 8" of crushed limestone was used rather than the normal 6" thick gravel base at a cost increase of $220/lot. ($220. c. Topsoil was used where none existed at a cost of $320/lot. ($320. d. The remaining increase of $290 or 32% wa-s due to inflation.. ($290. 5, 'a. A change in City design standards increased the thickness of the bituminous surface 1" to add to the life expectancy of the street at a cost of ($410. $410/lot. b. The remaining $240/lot or 17% increase was due to inflation; primarily in the bituminous because of a large cost increase in oil used in the mixture. ($240. 769a 26 Project #241 Memo October 2, 1980 Page Four SADDLEHORN ASSESSMENTS Item Re ort Cost Assessed 1. Sewer Laterals 1,240 $1,694.63 Sewer Trunks 280 280.00 2. Water Laterals 1,050 1,059.67 Water Trunks 280 280.00 3. Service Stubs 450 605.01 4. Restoration 810 1,691.23 5. Streets 1,300 2,83$.77 5,410 8 469.31(3,059.31) 1. a. Due to poor sewer bedding soil a large amount of bedding rock was.-used, re- sulting in an increase in cost of $170/lot. ($170.) b. The remaining $280 or 22% over the report cost was brought about by severe inflation in the construction industry and increases in unit prices brought about by poor soil conditions. ($280.) 2. a. The estimate for water laterals was $10/lot under the final cost. 10.) 3. a. The 36% increase in service costs was brought about by increases in unit prices due to inflation and other factors. ($155.) 4. a. Excavation was not allowed for in the report, but was necessary to lower the street level to better match driveways and yards and remove unsuitable soil from the streets. The cost of excavation and sand backfill was $410/lot. ($410.) b. Topsoil was used where none existed at a cost of $70/lot. ( $70.) c. Due to the poor soil conditions encountered, 8" of crushed limestone was used rather than the normal 6" thick gravel base at a cost of $170/lot. ($170.) d. The remaining _$230/lot or 28% increase was due to inflation. ($230.) 5. a. A change in City design standards increased the thickness of the bituminous surface by 1" to add to the life expectancy of the street at a cost of $320/lot. ($320.) b. Storm drainage was added to the northwestern part of Saddlehorn to correct severe drainage problems at a cost of $860/lot. ($860.) c. The remaining $360/lot or 28% increase was due to inflation; primarily in the bituminous because of a large increase in the cost of the mixture. ($360.) 769a Project /#241 Memo October 2, 1980 Page Five UNIT PRICE CO',TARISON Item Est'd. Unit Price Bid Unit Price SEWER 8" sewer 0'-8' deep $ 7.00/ft. $ 10.00 +43°0, 8" sewer 8'-10' deep 7.50/ft. 10.50 +27% 8" sewer 10'-12' deep 8.00/ft. 11.00 +3g% 8" sewer 12'-14' deep 9.00/ft. 12.00 +33% 8" sewer 14'-16' deep 10.001/ft. 14.00 +40% 8" sewer 16'-18' deep 11.00/ft. 16.00 +45% 8" sewer 18'-20' deep 12.00/ft. 18.00 +50% 8" sewer 20'-22' deep 14.00/ft. 20.00 +43% 8" sewer 22'-24' deep 16.001ft. 23.00 +44% 8" sewer 24'-26' deep 18.00/ft. 26.00 +44% 8" sewer 26'-28' deep 20.00/ft. 29.00 +45: 8" sewer 28'-30' deep 22.00/ft. 33.00 +50% Manholes 600.00/each 700.00 +17% WATER 811 pipe $ 11.00/ft. $ 10.48 -05%- 611 pipe 9.00/ft. - 8.614 -04%'. Hydrants 600.00 625.00 +04% 8" valves 250.00 350.00 +40% 6" valves 200.00 267.00 +341 Fittings 0.60 0.67 +12% SERVICES Sewer p,_pe $ 4.50 $ 6.67 +48% Water pipe 4.00 4.00 - Corporation stop 20.00 20.00 - Curb stop 40.00 50.00 +25% RE S TO RA TI O N Seed $500.00 $633.00 +27; Sod 1.00 1.50 +50 Gravel base (S & W Proj.) 5.00 4.55 +09, Gravel base (St. Imp.) 5.00 7.50 +50 STREET IMPROVEMENTS Bituminous Mixture $ 8.00 $ 10.85 +36 Oil for mixture 100.00 150.00 +50 Curb 4.00 4.07 +02 769a a$ Project #241 Memo • October 2, 1980 Page Six QUANTITIES USED SEWER Item Report Estimate Bid Final 8" pipe 4,880 ft. 4,520 4,445 Manholes 21 each 21 21 Manhole overdepth 250 ft. 220 200 Wye branches 75 each 75 70 Service riser 270 ft. 250 236 Manhole drop 50 ft 30 23 Trench stabilization rock 0 300 2,000 WATER 8" pipe 3,100 ft. 4,400 4,310 6" pipe 2,300 ft. 2,300 2,224 Hydrant 15 each 14 14 8" valve 10 each 6 6 6" valve 5 each 5 5 Fittings 3,000 lbs. 7,000 6,920 SERVICES 4" sewer 2,600 ft. 2,700 2,610 1" water 2,600 ft. 2,600 2,260 Corporation stop 75 each 73 72 Curb stop 75 each 73 72 RESTORATION Seed 5 acres 2 2.7 Sod 5,000 sq.yds. 16,000 9,762 Gravel 8,000 tons 8,450 11,674 S TREE TS Bituminous mixture 2,300 tons 3,500 3,522.2 Oil for mixture 138 tons 210 188.4 Curb 11,000 lin.ft. 11,100 10,328 769a Project #241 Memo ! . October 2, 1980 Page Seven MISCELLANEOUS INFORMATION SEWER AND WATER CONTRACT Contractor: Encon Utilities Bid Price $599,962.00 Change Order No. 1 (Overview Estates Utilities) 111,225.80 Change Order No. 2 (Crushed Limestone) 17,232.50 Revised Contract Amount 728,420.30 Final Cost $759,071.61 Final cost overage due to large increases in the amount of trench stabiliza- tion rock used. TOTAL PROJECT COST (INCLUDING SEWER AND WATER TRUNKS) Construction Costs $759,071.61 Contingencies (engineering, legal, administrative) - 15% 113,860.74 $872,932.35 Interest on Bonds during Construction - 5.61% 48,971.50 21,903.85 STREET CONTRACT Contractor: McNamara-Vivant Bid Price $263,835.00 Change Order No. 1 - Erie Ct. Storm Sewer 8,048.00 Overview Grading & Seed 8,675.00 Revised Contract Amount 280,553.00 Final Cost..... $271,812.49 TOTAL PROJECT COST Construction Cost $271,812.49 Contingencies 13% 35,335.62 307,148.11 Bond Interest 2.1% 6,450.11 313,598.22 769a 3~ i Project #241 Memo • October 2, 1980 Page Eight LAKESIDE ESTATES assessment spread STREETS UTILITIES 10, yrs. 20 yrs. 15 yrs. go yrs. 1981 877.80 658.35 875.33 787.80 1982 754.91 553.01 742.28 661.72 1983 719.80 535.45 714.27 640.68 1984 684.69 517.89 686.26 619.64 1985 649.58 500.33 658.25 ...:598.60 1986 614.47 482.77 630.23 577.56 1987 579.36 465.21 602.23 556.52 1988 544.25 447.65 574.22 535.48 1989 509.14 430.09 546.21 514.44 1990 474.03 412.53 518.20 493.40 1991 394.97 490.19 472.36 1992 377.41 462.18 451.32 1993 359.85 434.17 430.28 1994 342.29 406.16 409.24 1995 324.73 378.15 388.20 1996 307.17 367.16 1997 289.`61 346.12 1998 272.05 325.08 1999 254.49 303.04 2000 236.93 282.00 3I Project #241 Memo October 2, 1980 SADDLEHORN ADDITION Page Nine assessment spread STREETS UTILITIES 10 yrs. 20 yrs. 15 yrs. 20 yrs. 1981 906.00 679.50 653.22 587.90 1982 779.16 570.78 553.93 493.83 1983 742.92 552.66 533.03 478.15 1984 706.68 534.54 S12.13 462.47 1985 670.44 516.42 491.23 446:79 1986 634.20 498.30 470.33 431.11 1987 597.96 480.18 449.43 414.43 1988 561.72 462.06 428.53 399.75 1989 525.48 443.94 407.63 384.07 1990 489.24 425.82 386.73 368.39 1991 407.70 365.83 352.71 1992 389.58 344.93 337.03 1993 371.46 324.03 321.35 1994 353.34 303.13 305.67 1995 335.22 282.23 289.99 1996 317.10 274.31 1997 298.98 258.63 1998 280.86 242.95 1999 262.74 227.27 2000 244.62 211.59 3 2, Project #241 Memo • • October 2, 1980 Page Ten DODD ROAD AREA assessment spread STREET SEWER LAT WATER LAT 10 years 20 years 10 years 20 years 10 years 20 years 1981 410.00 307.50 215.00 161.25 180.00 135.00 1982 352.60 258.30 184.90 135.45 154.80 113.40 1983 336.20 250.10 176.30 131.15 147.60 109.80 1984 319.80 241.90 167.70 126.85 140.40 106.20 1985 303.40 233.70 159.10 122.55 133.20 102.60 1986 287.00 225.50 150.50 118.25 126.00 99.00 1987 270.60 217.30 141.90 113.95 118.80 95.40 1988 254.20 209.10 133.30 109.65 111.60 91.80 1989 237.80 200.90 124.70 105.35 104.40 '88.20 1990 221.40 192.70 116.10 101.05 97.20 84.60 1991 184.50 96.75 81.00 1992 176.30 92.45 77.40 1993 168.10 88.15 73.80 1994 159.90 83.85 70.20 1995 151.70 79.55 66.60 1996 143.50 75.25 63.00 1997 135.30 70.95 59.40 1998 127.10 66.65 55.80 1999 118.90 62.35 52.20 2000 110.70 58.05 48.60 Assessment spread based on 100 feet at the following cost rates; SEWER LATERAL BENEFIT $10.75 front foot WATER LATERAL BENEFIT $9.00 front foot DODD ROAD $21.50 residential equivalent 33 • • Agenda Information Memo September 25, 1980 Page Sixteen I.R. YANKEE SQUARE OFFICE II B. Industrial Revenue Financing for Yankee Square Office II in the Amount of $1,403.480 An application was received from Martin and Vern Colon for a $1,403,480 Tax Exempt. Revenue Mortgage Applica- tion to finance an office building entitled "Yankee Square Office II". A public hearing notice was placed_in.the proper newspapers to advertise the hearing to be held this coming Tuesday. The City Administrator has reviewed all the documents and has compiled a memorandum that provides a brief fact finding regarding the.-applica- tion. A copy of this memorandum is enclosed on pages through for your review. All other data is enclosed in `tFie packet without a page number for review. ACTION TO BE CONSIDERED ON THE MATTER. To either approve or deny the application as presented by the Colon brothers for the financing of Yankee Square Office II by the issuance of an industrial revenue financing mortgage in the amount of $1,403,480. 34 • Agenda Information Memo September 25, 1980 Page Seventeen I.R. YANKEE SQUARE OFFICE III C. Industrial Revenue Financing for Yankee Square Office III in the Amount of $1,513,480 An application was received from Martin and Vern Colon for a $1,513,480 Tax Exempt Revenue Mortgage Applica- tion to finance an office building entitled "Yankee. Square Office III". A public hearing notice was placed in the proper newspapers to advertise the hearing to be held this coming Tuesday. The City Administrator has reviewed all the documents and has compiled a memorandum that provides a brief fact finding regarding the.- applica-tion. A copy of this memorandum is enclosed on pages through for your review. All other data is enclosed in---t-Fe packet wit ut a page number for review. ACTION TO BE CONSIDERED ON THE MATTER:` To either approve or deny the application as presented by the Colon brothers for the financing of.Yankee Square Office III by the issuance of an industrial revenue financing mortgage in the amount of $1,513;480, r MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 27, 1980 SUBJECT: YANKEE SQUARE OFFICE BUILDINGS II ($1,403,480) & III ($1,513,480)/ INDUSTRIAL DEVELOPMENT REVENUE MORTGAGES The following is offered as a fact finding regarding the aforementioned I.R. request. APPLICANT Martin and Vernon Colon, a partnership, are the applicants for consideration of two (2) industrial development revenue mortgages applications. The buildings are intended for office rental and will be at least 25% leased prior to final application consideration. It is uncertain at this time as to who will occupy office space. The most recent financial statement provided by the Colon's is dated April 16, 1980. This information was provided with the June 3, 1980 City Council packet for consideration of Office Building I. Another copy is provided without a page number in each packet for your information. I APPLICATION ij The applications for Industrial Revenue Financing are complete. The use is 1 included as a part of the P.U.D. agreement in effect with the City. Detailed plans will be available at the meeting on Tuesday. FINANCING i i A private placement is considered for both applications. The original applica- tions for $995,000 and $1,095,000 were changed to $1,403,480 and $1,513,480, respectively. Since the original applications were received, a letter was requested from the applicant to explain the reasons for the changes. A copy of this letter is attached to this memorandum. SUMMARY The application is consistant with the Comprehensive Guide Plan. There is no action required of the Advisory Planning Commission. Approximately 210 new jobs will be created by each of the new office complexes. A copy of the applica- tions are enclosed in your packets without page numbers. The resolutions (preliminary) have been submitted to the City Attorney and this office for review and are found to be in order. s/Thomas L. Hedges City Administrator 3~ MENDOTA HEIGHTS FINANCIAL CENTER • 750 SOUTH PLAZA DRIVE • SUITE 208 • MENDOTA HEIGHTS, MINNESOTA 55120 Telephone: 452-3303 September 30, 1980 Mr. Thomas Hedges, City Administrator City of Eagan 3795 Pilot Knob Road Eagan, Mn. 55121 Dear Mr. Hedges, In response to your request for Federal Land Company to supply you with the reason or reasons for the increases in the requested Bond Issue for Yankee Square Office II and Yankee Square Office III, I submit to you the following. With regards to Yankee Square Office II, the increase is due to the difference being set aside as a Bond Reserve. This reserve is an optional feature and may or may not be utilized. Mr. Michael Jeronimus, the Independent Bond Counsel, is aware of all proceedings concerning this reserve. With regards to Yankee Square Office III, the increase is due to the. Bond Reserve being set up as in Yankee Square Office II along with an anticipated 10% increase in construction costs as the beginning construction is scheduled in the fall of 1981. I trust this response is adequate for your needs, however, if any additiona-1 information is necessary, feel free to call me. Sincerely, Martin F. Colon MFC/ap 37 Agenda Information Memo September 25, 1980 Page Eighteen SPANGLER'S ADDITION A. Orpha L. Spangler for Preliminary Plat Approval of Spangler's Addition At the last regular meeting of the City Council, the recommendation of the Advisory Planning Commission to approve the preliminary plat of Spangler's Addition was on the agenda for consideration. The applicant was not present and, therefore, this item was continued until from the September 16, 1980, City Council meeting to the.October 7, 1980 meeting. Since the last meeting, the City received a letter on September 19, 1980, from Orpha Spangler requesting that the City cancel the process of subdivision on her lot ACTION TO BE CONSIDERED ON THE MATTER: Procedurally, in order to simply acknowlege withdrawal of the application for preliminary plat, no action to approve is necessary. COMPREHENSIVE GUIDE PLAN B. Comprehensive Guide Plan - At the August 19, 1980 City Council meeting, the City Administator was directed to submit a letter to the Metropolitan Council, requesting an extension for the filing of the Comprehensive Guide Plan until December 1980. The reason for the extension; was an opportunity for the City to review the amendment guidelines once they are adopted by the Metropolitan Council and authorize any changes to the plan as the City Council may see fit pending the outcome of the amendment guideline procedures. A letter was sent to the City by Charles Weaver, Chair- man of the Metropolitan Council, dated September 18, 1980, which essentially denies the request for extension and which sets the new submittal deadline as September 30, 1980. Since the last City Council meeting was September 16, 1980, there, has been no oppor- tunity for the City Administrator to discuss this matter in detail with the City Council at a regular '.meeting,. and therefore, the matter is placed on the agenda for additional consideration. The, City Planner and Consulting Planner will attend a meeting at the Metropolitan Council on Tuesday, October 7,.in_regards to the amend- ment guidelines process. The City Planner will be present at the City Council meeting to report on that meeting. ACTION TO BE CONSIDERED. ON THE MATTER: To either direct the City Administrator to submit the Comprehensive Guide Plan to the Metro- politan Council under protest, arguing that the City is not know- ledgeable as to what the amendment process will be for review of the Comprehensive Guide Plan or to take no action, meaning that the Comprehensive Guide Plan would not be filed at this time. Agenda Information Memo September 25, 1980 Page Nineteen TAX LEVY FOR PAYABLE 1981 A.. Certification of 1980 Property Tax Levy/Payable 1981 As, a result of the budget hearings held this fall, a tax levy inclu & bonded indebtedness and general fund revenue for 1981 was suggested., at approximately 17.5 mills. A copy of the most recent breakdm, based on that mill rate is provided on pages ArQ+41. A copy of die., resolution to certify the levy to the City Council along with si_ ture on the form 280 will be available at the meetingfor your red". The City is required by statute to hold a formal budget healing which will be scheduled sometime later in October or early Novemisr.,, ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny certy cation of the 1980 property tax levy/payable 1981 to Dakota Court.: 31 THE FOLLOWING EXPENDITURE AND REVENUE SUMMARIES ARE PRESENTED PER THE DIRECTION AT THE LAST BUDGET MEETINGS. The expenditure summary shows a $20,000 reduction in the Fire Department. This leaves a budgeted $30,000 increase over the 1980 level of pension funding. EXPENDITURES DEPARTMENT AMOUNT Mayor & Council $ 24,980 Administration 85,010 Clerk & Elections 33,910 Finance 149,710 Legal 50,000 Public Works/Engineering 167,310 Planning & Zoning 53,420 General Government Buildings 39,850 Police 1,016,940 Fire 197,060 Protective Inspections 111,970 Animal Control 17,460 Civil Defense 800 Ambulance Service 21,060 Highways & Streets 373,550 Parks and Recreation 304,470 Tree Conservation 32,240 TOTAL $2,679,740 Road Bridge 125,000 Debt Service 332,400 GRAND TOTAL $3,137,140 REVENUES NON-LOCAL TAX RELATED AMOUNT MILL RATE General Fund $ 982,645 N/A TAXES RAISED LOCALLY General Fund Subject to Levy Limit 1,5089722 12.356 Special Levy 188,373 1.543 Subtotal-General Fund 1,697,095 13.899 Road & Bridge Fund 1259000 1.024 Debt Service Funds 332,400 2.722 Subtotal Tax 2,154,495 17.645 GRAND TOTAL $3,137,140 N/A 40 Mill Rate Page Two The mill rates are based on an estimated assessed valuation of $122,102,592 and are subject to change due to final adjustments as well as to fiscal dispari- ties calculations. The estimated fiscal disparities distribution of $40,000 would reduce the mill rate by .328 to 17.317. There is some flexibility between the use of special levies and the general levy subject to the limitation. The mix shown appears to the most advantageous at this time. The total certification of $2,154,495 is what needs to be set at this time. ~1 Agenda.Information Memo September 25, 1980 Page Twenty IMP. 80-31 B. Imp. 80-31, Approve Plans & Specifications/Order Advertisement for Bids (Univac Reservoir Repainting) During the spring of 1980, the Public' Works Department drained the half million gallon elevated water tank located on the north Univac property for inspection purposes. This tank had not been inspected for thirteen plus years The results of this inspection indicated that 90% of the interior tank protective paint coating has been dissolved and disintegrated and no longer offers a protective barrier between the metal and the stored water. These plans and specifications provide for completely recoating the interior portion of the water tank along with repainting the outside as a part of the ongoing water reservoir maintenance program. The estimated cost of this improvement is $35,000 which would be funded out of the utility fund as a part of scheduled maintenance. ACTION TO BE CONSIDERED ON THE MATTER: To approve plans and speci--- fications`for Imp. 80-31 for the repainting of the half million gallon elevated water tank and authorize the advertisement for bids with the bid opening to be held on Thursday, October 30, at 3:00 p.m. IMP. 80-20 C. Imp. 80-20, Execute NSP Joint Consent Agreement (Schmidt Addition Utilities) - Part of the condition of designating Lexington Avenue as County right-of-way required that the entire right-of-way be graded to approved plan and profile as defined by the County. Because Lexington Avenue crosses the 200 foot wide NSP highline easement, a certain elevation differential must be maintained for safety purposes. In evaluating the costs of per- forming the additional grading versus adjusting the power lines, it was determined to be more financially economical to adjust the power lines. Subsequently, NSP requires the execution of an agree- ment authorizing them to perform this adjustment. The estimated cost is $9,700. These power lines must be adjusted to allow our contractor to complete the installation of utilities for Imp. 80- 20, for the Schmidt Addition and Northview School. Because this cost savings relates to the grading requirement of Dunn & Curry Real Estate Management, 'Inc. , it is suggested that this cost be charged to Imp. 80-20 with the understanding that it be assessed' against the adjacent properties of Lexington Avenue only. ACTION TO BE CONSIDERED ON THE MATTER: To authorize Mayor and City Clerk to execute joint agreement with NSP and assess related costs to adjacent properties on Lexington Avenue under Imp'. 80-- 20. Z Agenda Information Memo September 25, 1980 Page Twenty-One EAGANDALE CENTER FIRST ADDITION PRELIMINARY PLAT D. Northwestern Mutual Life Insurance Company for Preliminary Plat Approval of Eagandale Center First Addition An application to consider a preliminary plat for Eagandale Center First Addition was submitted by Northwestern Mutual Life Insurance Company. A public hearing was held before the Advisory Planning Commission at their September 23, 1980 meeting. Action was taken by the Advisory Planning Commission to recommend approval of the pre- liminary plat subject to the two (2) conditions listed in'the City Planner's report.- A copy of that report is found on pages F -r through for your information. ACTION TO $E CONSIDERED ON THE MATTER: To either approve or deny the recommendation of the Advisory Planning Commission to approve the preliminary plat of Eagandale Center First Addition. CITY OF EAGAN SUBJECT: PRELIMINARY PLAT APPLICANT: NORTHWESTERN T,IUTUAL LIFE INSURANCE COMPANY TOM DAVIS LOCATION: SEI OF THE NE OF SECTION 3 EXISTING ZONING: I-1 (LDSITED INDUSTRIAL DISTRICT) DATE OF PUBLIC HEARING: SEPTEMBER 23, 1980 DATE OF REPORT: SEPTEMBER 18, 1980 REPORTED BY: DALE C. RUNKLE, CITY PLANNEP APPLICATION SUBMITTED An application has been submitted for a preliminary plat, Eagandale Center lst Addition which would consist of approximately 7.7 acres and contain two indus- trial lots. COT,ga,Tr ,ITS Northwestern Mutual Life Insurance Company owns approximately 7.7 acres which has approximately 326 feet of frontage on L<:rington Avenue. The applicant is proposing to subdivide the land into two lots. Lot 1, the most westerly lot - would be sold to Coca-Cola for expansion. Presently, Coca-Cola owns Lots 7-13, Block 7, Eagandale Center Industrial Park which would completely abut the we-ern property line of Lot There is also an ingress and egress easement on the north 30 feet of Lot 2, so if Coca-Cola would ever sell the property, the parcel would have access through this easement. Subdividing the property into the two lots provides for better land use in this area. Lot 2 would contain approximately 4 acres and would have 326 feet of frontage on Lexington Avenue, which would be a fairly good industrial lot. Lot 1 would then be purchased by Coca-Cola far Coca- Cola's future expansion. If approved, the preliminary plat should be subject to the following conditions: 1. All easements shall be dedicated as requested by the. Eagan City staff. 2. The plat should be subject to the Dakota County Plat Commission's comments because the proposed plat abuts Lexington Avenue. - cr±~ _ - _ ¢ e - _ - - f x~'.' 31/3• _ Z ! . z - ~ tiff _ R~ ~ • a } xueL__* s ' 'T~_F` fir: L"~'•;~%__ _ _ _ wn°s'~cs s:~ c~ - ' a aW ~k Z z J Y W r~ _ _ 410 ~J+~ V c~ MD a ooe ewe ~ R I. ay J `s <,3 t i 4s1[C- ~ 1 a ° G ' v c ~ ~ SO ~3'G 6 ~~2 ~ a N p1 N cs _ / I 3 lab Q~ \ \ y G G - loo Q O t ; w r lab ! am W f~ ° ~ ~ n D ~ 409.30 Z L4~rn sb O 1 v ~ 90 0 vy o ' "r w s l o ,o m ~ N L E,~ ~~GTa~t~ vE'. M ENDOW i ~ ♦ fit` /.~j ` t~ % ` % \ \ r%l \t ;s_ - ~ ` _ % MM - 808 - 2 ;t=T'. - % % 7%\, -XI ol IX '{Y v: '`l:' ytiY:: fir. , . r/ FIRM.. ' t r:: f Y}l. J .stir{.}♦ :'`r.:r• jrl' r ' .r ~ : Y;::. : ~ ; .ARK: • t • ter- ~ , ML-^ ~ / ~•`•.~~4~•: Y:~~l•::' ;~j••~lf{;1`X1' .h j• •:~•~'•f ♦•J a - •1•.11 . r J} I} a • ' ~ .rte _ O'N 1• y' . • ' ~ . n . 1; ' :c•. J}'rt 'c• .V'.- is 1b . ti'- Agenda Information Memo September 25, 1980 Page Twenty-Two WINDCREST FIRST ADDITION FINAL PLAT E. Dominion Development Company for Final Plat approval of Wind crest First Addition An application for a final plat approval for Windcrest First Addition has been received. The applicant has submitted all materials for final plat approval. At the present time, staff is reviewing all documents and will be able to comment at the meeting on Tuesday, October 7, if the plat is in order for final plat consideration. A copy of the final plat is enclosed on page349+50 for your review. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the final plat for Windcrest First Addition. 41 x ;s t t IFs 12 2 d'It i a i t t eJA EV At :ii .S f + ) ~s . • ~~rr ~ Sts ,I-. i ~ ~ YI 2 3- . l.s is 7 f1 } S 't• _;i•:.`Y~'._ ~•s ` ;it s '1tt Ie .Ii' ~2{y ~r lit- f -y ' ~•'::s:~~ 1~~ -,~~i --y.'-i~`•"..~~ r°_ I, is 'a ~~1~;~•ii }}S ♦ ~ `ysd iyL IN. Z's .v u 3wm au a gas ML A so Amt. is{si . _ _ _~iiw • -~7fa'.. YM•314 6' jifM wIt a'.:•'A i/°' 's/4• Yew ~i++ //A' { .s f f e i s 1, R♦ 'IP N.;, 31111[ .t ...a°. s3 . w - - ~~Y~~gQ .r ^o~ 8 ;1•~ •ii ds '3~~••a is • a1=.. - _ ~s a.a a b 44, j: h fi if s w•• 3 • w i'll A ~ - a i n B - qU- ■1 r f= S I S i ` e N i ? Z= c7.s a ,f j~ w; M 4 S~ _ 3=j[ 16 -AA Tt ~ M ffd3xee•• _ .7 ~ - s _ aW. ~ ~ a= a s j I ♦ ~ ~ = I Y` aa...>: s fA C ~ i • a . 91991 ~ ~ a lei : mss. i Y' 1 II • lit, I.Izaoos Ks01 49 i e= a a =rm- sr a mi AML a m+ rwN 'w =33w--- rw t tY a .D] i \ 7nl a tw t eeszv +~rase.eas o w~ .t QY08 Q00.s1ua3Q , 8 ~ J O a M Koa . r '..~.-;t A e uO4s cox t, st,4 'l 'ds~9 ` ~4►' ~d • - try / y ~ . - ` ,~sy N , Li LA 1 = N m. O a"7E'Mr 0"FNi so Y, . - • Agenda Information Memo September 25, 1980 Page Twenty-Three BRAUN SUNRISE ADDITION FINAL PLAT F. Henry Braun for Final Plat -Approval of Braun Sunrise Addition An application for a final plat approval for Braun Sunrise Addi- tion has been received. The applicant has submitted all materials for final plat approval. At the present time, staff is reviewing all documents and will be able to comment at the meeting on Tuesday, October 7, if the plat is in order for final 'plat consideration. A copy of the plat is enclosed on page .62._ for your review. ACTION TO BE CONSIDERED ON THE MATTER: To approve or +deny the final plat for Braun Sunrise Addition. S Kxc. BRAUN SUNRISE ADDITION f°l of wes the. 31 a f1b i paw - the dra J p ew In A% Azc I - 44750 a 1" E ]O St. »•u ,ono uu•ur - = wxauaann 1 310 1~ • J~ - - _ - 16700- f 1 jet i 0C e `•le e6 reM .M l•N"l.. 1 r j~ l1 I 66C a M•oN , y \ 0- 0 Ix .E s E}}••~r~ to t j \ to 00 \ 1i ( , s \fp \ \ St 18 Cc Ig 3 x 1 \ • g u `3 = 1 \ P;'\~o''b Q aI F------_i»si= ----fir-----~^~ ;X p. l _ V is 4 0 •G MCI ~3 f 158.70 se94225"w 30 V 17.32 N 17"11'21" W N'=1 287.31 S 89 3531" W +.1 y fP Gi n'i 8 31 3C; , `1IY 1 z I a A-/ /Sr CORNEe d SEC K.T-",0123 I p100T6 COY«Tr (Cl rl - - LOCATION MAP NORTH SEC. 15, TWP 27, RGE 23 _ «r is r.E.(n • ~ o - Drainage and utility easements are shorn thus: so 0o ISO SCALE M FEET ' 6 - - Y r 'J ' • SCALP: I inch 50 feet sa vesuw The went line of BRAUN SUNPISE ADDITION s(TE Is assumed to have a bearing of North r degrees 34 minutes 29 second* West o Denotes 1!2 inch by 14 inch lion pipe being 5 feet in width unless otherwise monument set with plastic cap marked indicated, and adjoining lot lines, and 10 feet "RIB 86aQ5 Denotes rightior ceases" dedicated to Dakota County in width and adjoining street lines, as shown on ---0-- _ the plat. - - DELMAR H. SCHWANZ LANO. SURVEYOR V e~ - Agenda Information Memo September 25, 1980 Page Twenty-Four PETITION FOR LEXINGTON AVENUE EXTENSION A. Petition for Lexington Avenue (County Road 43) Extension The City has received a letter from Dunn & Curry Real Estate Manage .merit, Inc., requesting that the City proceed with the final curb and gutter and paving of Lexington Avenue from County Road 32 through the intersection with Wilderness Run Road. During May of 1979, the County Board passed a motion accepting the dedicated right-of-way of Lexington Avenue from County Road 32 to one-quarter mile 'north of County Road 30 with the condition that the appropriate agreement _between the City and the County be executed. Our City Attorney can address the status of this agreement. Recent discussions with the Dakota County Highway Engineer indicate that, for budget purposes, he has included the improvement of Lexington Avenue in the 1981 Budget for Dakota County road improvements. The status of this budget request will hopefully be available at the meeting on Tuesday for Council infor- mation. Enclosed is a copy of the letter from Dunn & Curry Real Estate Management, Inc. found on pages St through SS' which acknow- ledges the official petition. ACTION TO BE CONSIDERED ON THE MATTER: To accept the petition for the extension-of Lexington Avenue as presented, and if accepted, authorize staff to prepare a feasibility report for a public-hearing and a resolution to Dakota County requesting improvement. ~3 - Dunn & Curry Real Estate Management Inc. ~O 4940 Viking Drive Pentagon office Park til Minneapolis. MN 55435 (612) 835-2808 September 11, 1980 Thomas T. Hedges City Administrator City of Eagan 3795 PiloRo55122 Eagan, Minnesota Re: Lexington Avenue (County Road 43) Extension. Dear Tom: This letter is to inquire as to the status °adt30 tolCliff of 0urnorth new Lexington Avenue from filesfshownthat 0the latest corres- Road (County Road 32). March 17, 1980) requestondenceing was from Tom Colbert to nobhendeen ( We have never p a procedure for building the road. the received any confirmation of the re~heurelocated right-of-way. Commissioners has agreed to accept Our only verification is in Tom Colbert's letter. . The present status of the road is that rough grading between County Road 32 and Wilderness Run Road is comylete; 3oug gra s aP- grading between Wilderness :Run Road and Count Road the clearance. proximately 80% complete subject to adjusting has been done under the highline of N.S.P.; no rough grading or contracted for North of County oad 30aforhthebe4 lmil aid from section Further, a temporary paved County Road 32 to the first access SPro~ectslwhich abutaLexington Construction. has begun on th lats have been ap- proved at Wilderness Run Road. The final p roved as has the Development Agreement'ithinttforweeks, the remaining rough grading work (prior t ad7 the N.S.P. dine) will be complete north of Wilderness Run Road. letter we would like to petition fort the final curb, gg thiutter s and paving from County Road 32 through the While we realize that this will be with Wilderness Run Road. ' built by the county, we feel it important that we go on record 54 as to our need for the road. We are prepared to be assessed for that portion of costs for county/city built roads that are borne by abutting land owners. We believe the present status of the grade of Lexington Avenue as it is under the N.S.P. high line is consistent with instructions and plans prepared and issued by your consulting engineer. It has recently been broughtto our attention that this grade will have to be lowered or the N.S.P. polies raised to provide ade- quate clearance. Whichever the solution, the cost is in addition to the rough grading costs we had agreed to. In order to complete this revised rough grading work as well as the portion north of County Road 30, we hereby request tho city undertake this work and assess our property for the cost. As the work would be entirely on our property, we are also anxious to have Lexington Avenue completed by the county at the earliest possible date. This would help in the orderly development of that area of Eagan with Pilot Knob Road due for substantial work in the next few years. Lexington Avenue offers the best alterna- tive North-South road in the city. It really should be completed through our area and upgraded to Yankee Doodle Road. May I suggest that this entire Lexington Avenue situation be re- viewed with us and members of your staff and consulting engineers. Then, with common objectives, we approach the county to prevail upon them to build the road next year. I would appreciate hearing from you on the above matters. Si ce ely yours, Rodney D. Hardy Vice President RDH:sr cc: Robert Rosene Thomas Colbert - 2 - S S- Agenda Information Memo September 25, 1980 Page Twenty-Five PETITION FOR COMPLETION OF WILDERNESS RUN ROAD B. Petition for Completion of Wilderness Run Road from Lexington Avenue to Dodd Road A letter was received from Dunn & Curry Real Estate Management, Inc., asking that the City of Eagan proceed with the paving and curbing of Wilderness Run Road from its present point of completion through the intersection of Lexington to its terminus at Dodd Road. The status of the completion of Wilderness Run Road from Wilderness Park- Third Addition to Dodd Road was discussed during the five year street capital improvement program between 'staff and Council during the spring of 1980. The final resolution of consideration of this street was not resolved at that time. The need for improve- ment of the westerly half of this 1.5 mile stretch of roadway is generated by the recent final platting of Canterbury Forest and Wedgewood Addition. If this petition is accepted and a feasibility report is ordered, staff can review and update, as a part of this feasibility report, the impact on the overall capital improvement program. This would enable the Council to further evaluate the timely need for a completion of the street in relation to the pro- posed five year capital improvement program. Enclosed on pages 5"7 through Sg is a copy of the letter as submitted by Dunn urry Real Esta to Management, Inc., pertaining to this issue. ACTION TO BE CONSIDERED ON THE MATTER: To accept the petition from Dunn Curry Real Estate Management, Inc., to complete Wilder- ness Run Road and, if accepted, authorize staff to prepare a feasi- bility report for a public hearing. 4 7 h 9 0)i v Dunn & Curry !4 Real Estate Management Inc. zo 4940 Vking Drive Cn Pentagon Office Park Z` Minneapolis, MN 55435 j (612) 835-2808 September 9, 1980 Mr. Thomas T. Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Re: Completion of Wilderness Run Road from Lexington Avenue to Dodd Road. Dear Tom: This letter is in request of an earlier request which we made to the city regarding the completion of the above referenced project. Last spring, I wrote you requesting the city con- sider the paving of'Wilderness Run Road from its present termi- nus to the easterly boundary of our Wedgwood First Addition. At the time the request was made we were anticipating final plat approval on the Wedgwood First Addition project (part of Lexington South P.D.) and, therefore, requested the street con- struction to be consistent with our construction program. Our final plat has now been approved by the city. We are sche- duled to begin construction on September 8, 1980. We would again like to request that the city undertake the paving of Wilderness Run Road from its present terminus through the in- tersection of Lexington Avenue to Dodd Road. Our reasons for the request are 1) to have the street completion timed to the completion of our subdivision (early summer of 1981); 2) to extend this, road to its logical terminus on Dodd Road and 3) to complete a development program for which we are accepting partial assessment. It seems inappropriate at best now that we should be paying partial street assessments without corresponding benefits. .S We have now closed on our Title X financing for this entire area. We anticipate developments along Wilderness Run Road next year and would request that the roadwork be extended as one contract. -We are prepared by this request to waive the necessary public hearings and agree to accept the appropriate assessments to be levied by this road (i.e. the equivalent residential front foot charge). We are concerned that in recent conversations with the city's director of public works that the City Council is contemplating not undertaking this road work as no development is imminent. We find this to be inconsistent with approval of the final plat recently granted by the city and are concerned that developments which are underway and are subject to Federal financing guide- lines approved by the city would not be undertaken in an orderly manner. Therefore, please consider this letter a formal request for the paving and curbing of Wilderness Run Road from its present point of completion through the intersection of Lexington to its termi- nus at Dodd Road. This entire right-of-way length has the sewer and water utilities already in and rough grading completed. It seems logical that now we should look to the final paving and curbing of this stretch of collector road. aey ely yours, D. Hardy Vice President RDH:.sr 2 Agenda Information Memo September 25, 1980 Page Twenty-Six PETITION FOR STREET IMPROVEMENTS- TWIN VIEW MANOR C. Petition for Street Improvements for Twin View Manor A letter was received from H.R. Benjamin who resides in the Twin View Manor Addition, asking that the City consider a petition for street im- provements for that subdivision. Mr. Benjamin indicates in his letter that a majority of the property owners, now favor street improvement and, therefore, would like the City Council to recon- sider the proposed street improvement portion of Project 264. Enclosed on pages 60 through 6!!1! is a copy of the petition as submitted by Mr. Benjamin and a map- as prepared by the Director of Public -Works which indicates the property owners who did sign the petition in favor of the street improvement and those who did not sign that petition. If the street improvements are to be considered. for installation, it is imperative that it be ordered as soon as possible so that double work by the contractor will be eliminated. This extra work involves the construction of rural drainage ditches as a part of the utility improvement versus final grading for a proposed future street improvement. With the problems currently being experienced in the Clearview Addition after the installation of utilities, staff strongly recommends that consideration be given to improve- ment of the streets in the`Twin View Manor. These streets would entail Erick's Boulevard and Delores Lane. ACTION TO BE CONSIDERED ON THE MATTER: To accept the petition and, if accepted, authorize staff to prepare a feasibility report for a public hearing for street improvements for Twin View Manor as requested. 0.805 Eriks Blvd. Eagan, MN 454-1639 (Home) 482-4591 (Office) TO: Eagan City Administrator t FROM: H. R. Benjamin } SUBJECT: Improvement Project No.,264, Twin View Manor i ATTACHED: Petition for Street Improvements ATTENTION: Mr. Tom Hedges i All seventeen property owners in the assessment area for the referenced Project have been contacted by my wife and ten have signed a petition, attached, requesting implementation of Street Improvements concurrent with the Project. Some property owners previously against the entire project favor providing the Street Improvements now that the sewer and water lines will be installed. Opinions of those not signing the petition varied from a firm N0 to an uncertain YES depending on a better understanding of costs and assessment methods. Most who signed the petition live in the south half of the development where erosion problems are most severe. With a majority now in favor of street improvements, we request re- consideration of the Proposed Street Improvement portion of Project No. 264 as soon as necessary to avoid duplicate costs after project initiation. Your consideration and assistance in this request is appreciated.t i~ Yours r y;' i /A. /H. R. Bencc: Robeosene, City Consulting Engineer Thom olbert, Public Works Director DATE: / ?0 We, the undersigned, petition the City of Eagan Council Members to reconsider the matter of providing Street Improvements as part of the Twin View Manor Improvement Project 264 and vote for implementation of this item. W N E ADDRESS • x1por ,Z-A114Cs LIM Property Owners in the Project No. 264 assessment area who did not sign the petition in favor of Street Improvements: Name Address Larry Wittwer 4785 Eriks Boulevard James Morris 4774 Eriks Boulevard Anthony Villelli 4765 Pilot Knob Road William Henley 4765 Eriks Boulevard Wesley Berg 1415 Delores Lane Arthur Koestner 4755 Pilot Knob Road Norman Mundahl 4824 Eriks Boulevard n 111 ,y I . f 1.1 ~ H I Olt w w 171 "INN F-- aC . Qo* LL - 1.1. 1 O 2 ac H ! ~1yS /y I Do /o r`. L H ane a r r 1 w 6': 4434 w w to ; ~L 1 :vr 1 Q Q co d 4 LL. I ' z a I co 9 3 w I V) ul Ilk i co 1 I; i t ✓ a i :r r ~ tt r :.t 63 Z r • 1 ; 1 % + v :fit: :''l.. •r' r` lot U 0" w ' w u1 z % 17' LL N `LO ~ •t ~ v.. X11 ~ /B ~ oo~ ~ n 2 a L ~I yS I y 1 Do tor-cos Lane f- 4434 W 1 w ' ' LA_ % 1 Q r o r z 00 > d 4 li I :L- I V) 0 i 00 .~M I ao ::t • ' r r 12 .ti r 0p x To now "to L Agenda Information Memo September 25, 1980 Page Twenty-Seven APPOINTMENT OF SIGN COMMITTEE D. Appointment of Sign Committee At the last regular meeting of the City. Council, the City Administrator was directed to place appointment of sign committee on the City Council agenda to determine: 1. Organizational objectives of the Committee; 2. Size of the Committee; and 3. Who will be appointed to the Committee. ACTION TO BE 'CONSIDERED ON THE MATTER: To make appointments to a special study committee for the purpose of reviewing the sign ordinance and, more specifically, how it relates to signs adjacent to highways of freeway status. fJ_ Agenda Information Memo September 25, 1980 Page Twenty-Eight REVIEW SPECIAL ASSESSMENT COMMITTEE RECOMMENDATIONS E. Review Special -Assessment Committee Recommendations On October 1, the Special Assessment Committee considered several requests by residents in addition to the major assessment discussion for Project #241. These individual requests are presented as follows: 1. Project #246 - Imp. 79-6 (Carlson Lake Trunk Storm Sewer) Deferment Request William Renwick Attached 'on pages (7 'through i 9 is a request we received from Mr. Renwick re- garding cons erd ation for the deferment of his trunk storm sewer assessment as a result of the Carlson Lake lift station. His request is based on the fact of hi's physical disability and financial hardship:of a fixed income. He does not meet the require- ments of Ordinance #56 for deferment under the senior citizen hard- ship. The Special Assessment Committee accepted the staff's recom- mendation that this assessment be deferred with the understanding that it would be paid in full at the time that the existing home- stead status of Mr. Renwick is changed for this property. 2. Project #241 Imp.-79-12,13 (Dodd Road Streets and Utilities) - Assessable Footage, David Dehler Attached on page -70 is an objection to the assessment for Project #241 based upon the assessable footage" for-his property. This objection is based on the .fact that newly constructed Dodd Road was relocated next to a portion of Mr. D ehler's property. This relocation of Dodd Road created a severed parcel under the ownership of Dunn & Curry which the City will be purchasing per previous agreement. Once this property is acquired by the City, it will be considered excess boulevard right-of-way and, as such, assessable footage was deter- mined to be adjacent to the new right-of-way of Dodd Road.' This amounted to a shorter front footage due to elimination of several curves. The Special Assessment Committee did' not take any action on this manner as Mr. Dehler specifically requested that it be reviewed by the Council on October 7. It is staff's recommendation that the assessable footage remain as determined during the final assessment hearing for Project #241. 3. Project #241 Trunk Area Assessments, Reduced Area Assessment Request, Thomas Murr, Jack Germaine and Trudi Johnson - The Special Assessment Committee at the meeting of October 1 reviewed these three similar requests regarding the dedication of drainage and ponding easements for consideration of reduction in the assessable area pertaining to the trunk area sewer and water assessments. The Special Assessment Committee accepted the recommendation of staff that the trunk area assessment rates be reduced to reflect 66_ 0 Agenda Information Memo September 25, 1980 Page Twenty-Nine elimination of the acreage dedicated for drainage and ponding ease- ments with the condition that these easements be dedicated by January 1, 1981. Copies of the written requests are enclosed on pages 7( through 74 ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the recommendations of the Special Assessment committee as persented for items 1 and 3. To approve or deny Mr. D ehler's request as presented in item 2. 6 s r L v _"?~.c'~ c..~.> ~,*J S7 ~ ~1 ~ Gam' ~ 1~ `C.~ 61 c--- AsSESSA6L6r A. I3~S00 sg A46 4s...t Prevrov.$ Tr,,.k Ci#eJ.+ set-- 14sc.r t Arg 9 7 _ Z~ 12 9 ` 22 Sep-.ember 1 yuU CI,7f CLERK -ter CIlY of EAG.121 v.. Due to the sale of the property listed below & a.,parent errors in the description, we are filing notice of objection to $25,500 in assessments for project ,241 against the property listed below. w.. All that part of the Southeast Iuarter of the Southwest ruarter (33x4 of SCIIJ of Section Twenty-five (25), To:lnihip Twenty-seven (27), Range Twenty-three (23), lying aast of the center of Dodd Road except the west 410 feet of the east 542 feet of the south 206 feet of the north 867.7 feet thereof. 5-5-12-3 70 7 Ale 'y-VK ,v• O J~ ~ ~ V xco~e e t V f I 318 Lakeshore Drive d, Seabrook, Texas 77586 September 25, 1980 Tom Colbert _ rL Director of Public Works 14 t~ City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Colbert: Re: Property Identification No. 10-02500-010-29-7 Per our telephone conversation earlier this week, we are willing to offer the portion of our property which is under water for a drainage and ponding easement as determined by the City's comprehensive storm and sewage plan requirements. We hereby request deletion of this portion of our property.from the areawide assessment. We appreciate your help in this matter. If more information is needed or any other action should be taken, please call us collect at AC 713- 334-1028. Very truly yours, Ge r m a i n e Elaine K. Germaine ~2 44 10 { ae .4 { w IF' sr,a ~e~. gyp, -1 ty ~ . i ,•D a ~ a +a b ~a14 7~ J~. ads .f s:~~~" . T 4 1 4 t i L ~,q,~..~„• ~..•-T''~. s{'c.+.. „A4 %q..~7r~i~~a'; i,.~~`~i { Lr..'~ ".:,j # r i . "1 ~ ..t4 '~1 `e ~ ~ t .?v-1.11 Y'~' Pt"'I~ b,-.. Agenda Information Memo September 25, 1980 Page Thirty PROJECT #320 F. Receive Petition/Order Feasibility Report for Project #320 (Al Rahn Sewer) Enclosed on page is a petition received from J. E. Parranto, Inc., representatives of Mr. Rahn, requesting preparation of a feasibility report for the. installation of sanitary sewer for the property located on the south side of Yankee Doodle Road between Heritage Avenue and Donald Avenue. The petition sub- mitted represents 100% of the property owners who would be assessed for the installation of the sanitary sewer. ACTION TO BE CONSIDERED ON THE MATTER: To accept the petition and, if acceptable, authorize staff to prepare a feasibilty report for public hearing for Project #320. INC. REALTORS 3908 SIBLEY MEMORIAL HIGHWAY ST. PAUL, MINN. 55122 PHONE 454-1600 Mr. Thomas Colbert Public Works Director City of Eagan 3975 Pilot Knob Road Eagan, Minnesota 55121 September 19, 1980 Dear Tom: As per our previous discussions concerning Mr. Al Rahn's property located at 1744 and 1740 Yankee Doodle Drive, Mr. Rahn wishes to proceed with the installation of sanitary sewer mains and connection to the water main to serve his properties. Please consider this letter a request to prepare plans and specifications for said extension. Mr. Rahn hereby waives any requirement to a public hearing regarding this project. If at such time as the official plans and specs and bids are available and the price appears to be excessive or for any other reason should Mr. Rahn cancel the request for sewer and water, then Mr. Rahn agrees he will pay any and all expenses incurred by the City for preparation and bidding. I would appreciate a return letter laying out the probable schedule for the improvements to be constructed. If you have any questions, please feel free to call me. Sincerely, Mar S. Par o y_ 9 10 SEP 221°EG s, cc: Mr. Al Rahn 76 • Agenda Information Memo September 25., 1980 j Page Thirty-One PROJECT #303 - G. Request' for Extension of Assessment Years for Project #303 (Brittany Second & Third Addition) Attached on pagZ ' is a copy of a letter received from the developer of the ittany Addition requesting extension of assessments associated with the installation of utilities in the Brittany Second and Third Additions to a twenty year period rather than the normal five year period for a new development. ACTION TO BE CONSIDERED ON THE MATTER : To either accept or deny the request for extension of assessment time for Project #303 (Brittany Second & Third Additions Utilities). -7 • 13816 Holyoke Lane Phone (612)432-6031 Apple Valley, MN 55124 (612)454-6873 September 24, 1980 <>8 9 sFp .~s~~G ~n 799 Tom Colbert City of Eagan ti 3795 Pilot Knob Rd. ` Eagan, Mn. 55122 Z Dear Tom, Pursuant to our telephone conversation of today we would like any costs attributed to Sheffield Lane and Sheffield Circle assessed to Outlot A and Outlot B of the Third Addition, over a 20 year period. The costs that would be assessed would be only those costs for sewer, water and storm sewer allocable to those streets based on the front footage. 'When the lots in these additions are platted, these cost would then be broken down on a per lot basis. Ide would appreciate hearing from either yourself or Keith Gordon as to the estimated cost breakdown in this manner, so we can arrive-at a per lot cost for the 2nd and 3rd addition. cerely, 'chard Dahm cc: Keith Gordon Agenda Information Memo September 25, 1980 Page Thirty-Two REVISION TO ORDINANCE #52 H. Revision to Ordinance #52 Staff has had an inquiry from a person who wishes to construct a restaurant within the indus- trially zoned district. According to Ordinance #52, a restaurant is a- permitted use within the I-1, Limited Business, District. However, the applicant who has, inquired abut the restaurant has also inquired about an on-sale` liquor license for the restaurant in question. At the present time, there is nothing in the ordinance which would allow on-sale liquor in a I-1, Limited Industrial, Zone. In all commercial districts where restaurants are permitted, on-sale liquor is a conditional use within each commercial zoning classification. The only place in the ordinance a restaurant is allowed without liquor at the present time is in the I-1, Limited Industrial, District. ACTION TO BE CONSIDERED ON THE MATTER: If the City Council wishes to.amend Ordinance #52 to include on-sale liquor as a conditional use within the I-1, Limited Industrial, District, a motion should should be made to direct the City Attorney to draft the amendment to Ordinance #52 t If the Council does not wish to include on-sale liquor in the industrial area, then staff would go back to the applicant who is proposing the restaurant within the industrial district and inform him liquor would not be permitted. However, he could continue to construct the restaurant. s/Thomas L. Hedges City Administrator 07 • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 26, 1980 SUBJECT: INFORMATIVE MEMO At the request of the City Council, Officer Dale Brule made an investigation of 3901 Riverton and it appears that all signs of junk and other debris on the yard of the aforementioned lot has been cleaned -up. There are approximately three vehicles on the front yard that appear to be under maintenance. However, they are licensed and acceptable on the property. A brochure was received from Short Elliott Hendrickson, Inc., Con- sulting Engineers, with an article entitled, "Do Stop Signs Really Slow Traffic?" The article does raise some rather interesting. arguements. Enclosed is. a copy of the article on pages S ~Z through 2 3 It is the interpretation of the City's auditor that regulation regarding the direct payment to the utility _fund for the costs that were incurred- by the City for the purchase of land where the library is to be located will not cause any problems either with the Davis Bacon Act or any other compliance requirement. Future construction of the new library will be entirely a county matter and will not impact the City's use of Federal Revenue Sharing Funds. It is apparent that the new Cedar Avenue bridge will open on October 29, 1980. If the City Council wishes to have a private inspection of the bridge with MnDOT officials, a meeting should be scheduled after the October 7, 1980 City Council meeting. The City staff has met and discussed all the street names in the RidgeCliffe Additions. Representatives of the Police, -Fire and Building Inspection Departments have met to discuss these names and it was the recommendation of the staff that changes by made to Parkano Drive which will be named Lenore Lane at the request of the City Council and Nokia Way. will be named Ivory Way. The City has assurance from Orin Thompson that the changes will be made on the hard shells. The City of Eagan was successful in its claim against a bid bond from W. W. Dawson, Inc., in the amount of $661 for the Briarhill Addition Utilities. This amount of money-is the difference between the bid of W. W. Dawson, Inc. and Richard Knutson, Inc. Informative Memo September 261 1980 Page Two There should be a brief discussion to determine when the first Cable TV Advisory Committee meeting should be scheduled. One pos- sibility is to schedule a meeting on Tuesday, October 14'. 1980. Enclosed on pages_ through gs is a copy of the most recent tax exempt mortgage status report rom Banco regarding the housing loan program. s/Thomas L. Hedges City Administrator Enclosed without a page number is a copy of NOTICE OF SPECIAL CITY COUNCIL MEETING for Monday, October 6, 1980, at 4:00 p.m. at City Hall. Also -enclosed is a copy of the District Court's findings in the Safari at Eagan, matter for those members who have not already received one. Attached on page gG is a copy of the minutes for the speciah City Council meeting o-F-Tu-gust 19, 1980. These minutes should be con- sidered for approval at the October 7, 1980 meeting. SHORT ELLIOTT HENDRICKSON, INC. CONSULTING ENGINEERS SEPTEMBER, 1980 Do Stop Signs Really Slow Traffic. ~ A stop sign is one of our most valu- that stop signs do not slow traffic ate vicinity of the stop sign, and able and effective traffic control at locations where the stop sign is frequently speeds are higher be- devices; when used at the right not justified by traffic volumes. tween intersections. place and under the right condi- Where stop signs are installed to A San Francisco study showed that tions. It is intended to help drivers control speed, there is a high in- speeds 100 ft. past the stop sign and pedestrians at an intersection cidence of intentional violations. decide who has the right of way. were within 3 miles per hour of the Most of our drivers are reasonable top level of speeds. The study also Quite often stop signs are arbi- people and they obey stop signs as showed that speeds in a mid-block trarily installed along a roadway long as the stop makes sense to location 2 blocks from any stop for the expressed purpose of inter- them. However, when stop signs sin were 3 to 5 miles per hour rupting through traffic and "reduc- are erected arbitrarily and without higher with the stop sign than after ing speed". The stop signs are not apparent reason, violations increase the stop signs had been removed. needed to assign right of way or to rapidly. In those locations where control traffic volumes. Unfortu- vehicles do stop, the speed reduc- nately, a number of studies indicate tion is effective only in the immedi- a y A more recent study in Troy, Mich- igan, showed that average speeds also increased slightly after instal- lation of stop signs. This study also showed that approximately half of the motorists made a rolling stop and one-quarter did not stop at all An Indiana study of several stop signs showed that 31% failed to stop for stop signs installed along low volume roads. Several undocu- mented studies in the Twin City metropolitan area also indicate a C rather substantial violation rate and (Continued on page 2) Am Q8 -I'M 13111111 M M-hn w Ill., 41 TRAFFIC SIGNS... (from Page 1) an increase in speeds as a result of unjustified stop sign installa- tions. Finally, a citizen successfully sued a city in northern Ohio for il- legally installing stop signs for the express purpose of speed control. The city was forced to remove the signs and to pay the plaintiff for his court fees. Apparently drivers who fail to see the reason for installation of a stop sign develop a tendency to disre- gard the sign and to roll past it. There is also a tendency for drivers to over accelerate and exceed low- er speed limits. It is also apparent . that a number of drivers are also somewhat irritated by the installa- tion of these signs and develop a tendency to make up for lost time by traveling at higher speeds be- tween signs. A most interesting ob- servation of enforcement agencies monitoring these types of installa- tions is that the arrests generally are of nearby residents who. may have campaigned for the sign in- stallation in the first place. The annual cost to stop 1000 vehi- cles per day on a 35 mph street was calculated as $9600 in excess vehicle operation costs, according to Long Beach, CA engineers. Also of concern are additional emis- sions, lost time, extra fuel use and the urge to squeal tires. It is extremely difficult to face a number' of angry citizens armed with petitions and emotions and not accede to their demands. Perhaps studies like these will help citizens understand that stop signs will not automatically solve their "prob- lem Many times it is possible to try to better define the problem which in turn enables one to find a solution or means of managing the problem by means other than arbi- trarily installing a stop sign. SEH has 15 years experience with stop signs and a number of other traffic control devices and has solved a "number of local traffic -problems. We would welcome the opportunity to assist with your local traffic or transportation problems. DATE: eptember 1980 • CITY OF FAG,AN Statistical Data-- Amount of Program $16,940,000 '1` )tal mount of Pre-C urnitted loans $ 3,267,975 I~~rcentage of loans Pre-Catmitted 19 % Low Income Basic Income 't'otal Number of Loans 36 21 Average Mortgage Amount $ 56,930 $ 58,024 ,we,raye Sale Price 61,536 63,671 average Appraisal Value 62,006 64,912 -average Adjusted Gross Income 20,743 24,791 i'>,rcrage Gross Income 22 , 083 26')398 T1 pe of Loan: Insured Conventional 0 3 Uninsured Conventional 1 3 FTIA ~ - 8 11 Graduated Pledge 9 4 19 0 Average Loan to Value Ratio : Insured Conventional 0 87% Uninsured Conventional 7421 77% Number of New Construction loans 18 8 Number of Existing Loans 1R 13 Tlype of Dwelling : Single Family 27 15 Townhouse 6 6 Condominium 3 0 Mobile Homes 0 0 Average. Previous Residents 2g/ 33% 0 `,unber of Renters 26 17 Nkunber of Owners 10 4 Sex: ;gale 28 Female 21 8 0 Average Family Size 1.9 2.3 Average Number of Children .4 .4 Marital Status : Married 18 17 Single 16 Joint 2 ~L"VDING Dollar Amount of Loans Funded $ 996,150 Neer of Loans 7 17 ~4 DATE: September 15, 1980 CITY CP EAGrN $16,940,000--Amount of Program Dollar Amount of Funds Remaining $ 11,509,275 Low Inocme $ 4,977,375 Basic InaDme $ 6,531,900 Single Family Funds Remaining $ 6,474,800 Condo Funds Remaining $ 2,651,800 Townhouse Funds Remaining $ 2,382,675 Mobile Hone Funds Remaining $ 1,694,000 Conventional 95% Funds Remaining $ 1,694,000 Graduated Conventional Funds Remaining $ 2,647,350 Graduated 95% Conventional Funds Rt k-iining $ 1,806,500 Total Pre-Ccmnitnent k aunt $ 3,267,975 95- • SUBJECT TO APPROVAL MINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL EAGAN, MINNESOTA AUGUST 19, 1980 The Eagan City Council met for a special meeting at the call of the Mayor in the City Administrator's office on Tuesday, August 19, 1980, at 6:00 p.m. All members were present as were City Administrator Hedges, Police Chief DesLauriers and City Attorney Hauge. The Mayor announced the topic of discussion was to con- sider a proposed settlement concerning the companion actions entitled "Robert Benford and Lori Benford vs. City of Eagan." Staff members indicated that they had been discussing the actions with the attorneys for the two insurance companies, Home Insurance Company and Midland Insurance Company, and a proposal for settlement has now been made in the sum of $115,000 with $100,000 payable to Lori Benford and her daughter and $15,000 to Robert Benford, Jr., and Robert Benford, Sr. It was understood that the plaintiffs in each action have agreed to the settlement terms but that the two insurance companies who have agreed to share in the settle- ment equally have not acquired adequate commitment from the two companies yet to complete the settlement. When the action started in 1976, the City Council asked the insurance companies to inform it as to any proposed settlement and to acquire an opinion from the Council as to the settlement terms. City Attorney Hauge went through in some detail the proposed settlement and the implications of the potential time involved in trying the case before a jury in Dakota County, the potential implications of the claim for punitive damages, the exposure as to liability regarding the facts and expected publicity during trial of the case. Neither Mr. Hauge not Mr. Hedges made a_recommendation for settlement but simply conveyed the information passed along from the attorneys for the insurance companies. Chief DesLauriers recommended that the Council not approve the settle- ment and recommended the insurance companies proceed with trial on the basis that the Eagan patrolman had been vindicated before the Grand Jury in 1976. Each of the members of the Council strongly felt that there was no liability on behalf of the Police officers or the City and gave strong vocal support to the Police Depart- ment members involved in the incident. There was also discussion concerning the possibility of the City Council approving the settlement and.the insurance company proceeding to trial as to the legal implications including the responsibility of the insurance companies regarding any excess jury award above the recommended settlement by the Council. Councilmembers also discussed the strong possibility of the finding of punitive damages which have resulted in a number of recent cases. After considerable discussion, Egan moved, Wachter seconded the motion that the City Council be on record recommending approval of the proposed settlement with the understanding that the City will not contribute towards the settlement, that the two liability insurance carriers for the City will contribute sufficient funds to cover the total proposed settlement of $115,000; that the Council's position is that there was no wrongdoing by the patrolman in the incident, and that neither the patrolman nor the City is liable for any damages for the alleged claims; and that because of the possible punitive damages and damages in excess of the liability carrier limits that it appears prudent to settle the case. All members voted reluctantly in favor of the motion. The special meeting adjourned at 6:40 p.m. 8~ City Clerk Al A FINANCIAL CONDITION: FEDERAL LAND COMPANY VERNON R. COLON MARTIN F. COLON AS OF APRIL 16, 1980 FEDERAL LAND COMPANY ST. PAUL, MINNESOTA PARTNERSHIP STATEMENT OF FINANCIAL CONDITION AS AT APRIL 16, 980 ASSETS Cash In Bank Accounts: Checking Accounts $ 48,000.00 Certificates of Deposit N.W. Natl. Mpls - Due 6-31-80 160,616.00 N.W. Natl. Mpls - Due 10-21-80 116,380.00 Passbook Savings Dakota County State Bank (Cash) 44,800.00 Dakota County State Bank (Taxes-Escrow) 35,000.00 Occidental Life Insurance- Loan Deposit Cobblestone Court.- Due 5-1-80 78,000.00 TOTAL CASH $ 482,796.00 Accounts Receivable Robert Davis Land Sale Burnsville - Due 6-1-80 $ 213,000.00 Midas Muffler Co. Land Sale Burnsville (Escrowed) - Due 10-1-80 22,000.00 Norman Vogelpohl - Contract for Deed Land Sale Eagan - Payment in Full by 3-1-82 124,947.00 Due from Adjacent Property Owners in Burnsville for Sewer Line 39,000.00 City of Burnsville -Building Permit Escrow 10,000.00 City of Burnsville-Storm Sewer Refund Due 5-1-80 15,100.00 N.W. 'Natl. Bank-Balance of Mortgage Due Fed. Land 63,000.00 Curtis Johnson - Contract for Deed Land Sale Hwy 120 b 694 12% 6 years 80,000.00 Miscellaneous Contracts Due Federal Land 21,000.00 TOTAL RECEIVABLES $ 588,047.00 Income Producing Properties - Schedule 1 $99598,000.00 Unimproved Real Estate - Schedule 2 $3,599,000.00 Investment in Snack Shop Burnsville - Ready for Sale $ 45,000.00 Office Furniture and Equipment 8,000.00 TOTAL ASSETS $14,320,843.00 LIABILITIES Mortgages Payable - Schedule 1 $5,783,030.00 American National Bank - Mortgage on Unimproved Land Due When Sold 789,571.00 Current Bills Due 6,482.00 Taxes Due 1,400.00 Stillwater Bank Car Lease 1,300.00 TOTAL LIABILITIES $ 6,581,783.00 Net Worth - Vernon R. b Martin F. Colon $ 79739,060.00 TOTAL LIABILITIES AND NET WORTH $14,320,843.00 SCHEDULE 1 - INCOME PRODUCING PROPERTIES 1. WOODLANE SHOPPING CENTER 19,000 Square Feet on 1.9 acres Market Value $ 820,000.00 Net Pre-Tax Cash Flow - $33,500.00 2. YANKEE SQUARE Phase1 26,000 Square Feet on 4 acres Market Value 1,180,000.00 Net Pre-Tax Cash Flow - $51,000.00 3. YANKEE SQUARE Phase 2 29,000 Square Feet on 2 acreas Market Value 1,200,000.00 Net Pre-Tax Cash Flow - $55,000.00 4. LINCOLN SQUARE SHOPPING CENTER 20,000 Square Feet'on 2.4 acres Market Value 868,000.00 Net Pre-Tax Cash Flow - $22,000.00 5. COBBLESTONE COURT SHOPPING CENTER 110,000 Square Feet on 11 acres Market Value 5,530,000.00 Net Pre-Tax Cash flow - $203,000.00 Est. Total.Equity $9,598,000.00 Mortgages Payable 1. Woodlane Shopping Center - Duluth Federal S b L $ 398,587.00 2. Yankee Square Phase 1 - Twin City Federal 652,354.00 3. Yankee Square Phase 2 - Twin City Federal 612,728.00 4. Lincoln Square Shopping Center - Northland Mortgage Co. 619,361.00 5. Cobblestone Court Shopping Center Northwestern Natl Bank (Permanent Lender, Occidental Life. Insurance) 3,500,000.00 $5,783,030.00 SCHEDULE 2 - UNIMPROVED REAL ESTATE PLATTED Burnsville: Federal Land Company 1st Addition Lot 1 Block 2 a 195,000.00 Lot 3 Block 2 160,000.00 Federal Land Company 3rd Addition Lot 1 Block 1 185,000.00 Lot 2 Block 1 175,000.00 Lot 3 and 4 Block 1 330,000.00 Eagan: Bicentennial 5th Addition 3-1/2 acres 220,000.00 UNPLATTED Burnsville: 13 acres RX 566,000.00 3 acres Commercial 325,000.00 Odd Shped Lot - 28000 sq. ft. 28,000.00 Eagan: 19-1/2 acres 1,275,000.00 Lake Elmo: 14 acres 140,000.00 $ 3,599,000.00 VERNON'R. COLON STATEMENT OF FINANCIAL CONDITION APRIL 16, 1980 ASSETS Cash on Hand $ 2,000:00 Cash Value Life Insurance Face Value $225,000.00 21,000.00 Personal Property - Jewelry, Furs, etc. 60,000.00 Home Furnishings 85,000.00 Residence, 994 Winston Circle 275,000.00 Lake Home 175,000.00 Automobiles 29,000.00 Investment in Federal Land Company* 4,643,436.00 Real Estate Holdings - 44 acres Lake Elmo 440,000.00 TOTAL ASSETS $ 5,730,436.00 LIABILITIES Current Bills $ 11500.00 Mortgage Payable - Residence 54,000.00 Mortgage Payable - Lake Home 27,000.00 TOTAL LIABILITIES $ 82,500.00 Vernon R. Colon, Net Worth $ 5,647,936.00 TOTAL LIABILITIES AND NET WORTH $ 5,730,436.00 *Represents 60 percent of ownership See attached statement. ernon Colon MARTIN F. COLON STATEMENT OF FINANCIAL CONDITION APRIL 6, 1980 ASSETS Cash on Hand $ 7,000.00 Cash Value Life Insurance Face Value $200,000.00 5,000.00 Personal Property - Jewelry, Furs, etc. 20,000.00 Home Furnishings 25,000.00 Residence, 590 Ryan 135,000.00 Automobiles 28,000.00 Motor Home 22,000.00 Investment in Federal Land Company* 3,076,824.00 TOTAL-ASSETS $ 3,318,824.00 LIABILITIES Current. Bills $ 11500.00 Mortgage Payable - Hare 17,500.00 TOTAL LIABILITIES $ 19,000.00 Martin F. Colon, NET WORTH $ 3,299,824.00 TOTAL LIABILITIES AND NET WORTH $ 3,318,824.00 *Represents 40 percent of ownership - See attached statement. Martin Colon CITY OF EAGAN,-MINNESOTA - 3795 Pilot Knob Road Eagan, MN 55122 APPLICATION FOR INDUSTRIAL REVENUE FINANCING REVIEW BUSINESS NAME:- Yankee Square Office II MINIMUM SIZE $500,000 Equity Cor. LOCATION: 750 So. Plaza Drive, Suite 208 LAND: $ tr utjon) ~;'Slte rep. BUSINESS FORM: Partnership BUILDING: $875,600 REPRESENTATIVE: Martin Colon EQUIPMENT: $ -.0 - PHONE: 452-3303 OTHER : $175,000 NATURE OF BUSINESS: Real Estate TOTAL: $1,303.480 Development - Comm_ Date: 8-26-80 - DETAILED COST BREAKDOWN: Land Acquisition & Site Development $ 26,500 + (226,380.Equity tribution Construction Contracts $ 875,600 Equipment Acquisition & Installation$ 0 - Architectural & Engineering Fees $ 40,000 - Legal Fees $ 1.0,000 Interest During Construction $ 60,000 Initial Bond Reserve $ - 0 - Contingencies $ 30,000 Bond Discount $ 32,500 Other $ 2,500 HISTORY OF APPLICANT 1. Have you ever been in bankruptcy? No 2. Have you ever defaulted on any, bond or mortgage commitment? No 3. Have you applied for conventional financing? Yes - No Success 4. What are your future plans? To continue with the overall P.y_n_ as agreed with City. 5. List financial references: a. Northwestern National Bank of Mpls. - wallas RLZtler b. Dakota County'State Bank of-Mendota Heiah a 6. When. will the construction period begin? Start: November 1, 1980` Finish. December 1, 1981 7. Other comments: Land will be treated by Yankee Square'Office II as an equity.contribution to the project. INFORMATION CONCERNING APPLICANT'S PROPOSED PROJECT 1. PROPOSED LOCATION (ADDRESS AND LECAL DESCRIPTION)Bicentennial 6th Addition S.E. Corner of Federal Street and Washington Drive 2. NEW FACILITY OR EXPANSION? New Office Building 3. INDUSTRIAL/COMMERCIAL/RETAIL? Commercial 4. ESTIMATE NUMBER OF NEW JOBS 210 ESTIMATED PAYROLL $3,969,000- 5. IS THIS SITE PROPERTY ZONED & ARE UTILITIES AVAILABLE? Yes 6. ESTIMATE OF ANNUAL SALES Office Use 7. POTENTIAL OTHER USES OF FACILITY 8. WILL THERE BE MORE THAN ONE PHASE IN THE CONSTRUCTION OF THIS PROJECT? No - Only one Phase ~9. EXPLAIN HOW THIS FACILITY WILL NOT COMPETE WITH OTHER LOCAL COMPANIES "There- are no office-buildings of this size and character in Eagan except Yankee Square office .I 10. WHAT WILL FINANCING ARRANGEMENTS BE; WILL THE FACILITY BE A LIMITED PARTNERSHIP?'No Limited Partnership - Financing will be a sale of the Industrial Mortgage to a single purchaser. ee Square I Date: August 26, 1980 Signed: Vernon Colon (Title): Partner CITY OF EAGAN, MINNESOTA 3795 Pilot Knob Road Eagan, MN 55122 APPLICATION FOR INDUSTRIAL REVENUE FINANCING REVIEW BUSINESS NAME: Yankee Square Office TTT MINIMUM SIZE $500,000 LOCATION: 750 So. Plaza Drive,. Suite 208 LAND: $226,380 (E~ui nn BUSINESS FORM: Partnership BUILDING: $97 Site Prel REPRESENTATIVE: Martin Colon EQUIPMENT: $ - 0 - PHONE: 452-3303 OTHER: $ 175000 NATURE OF BUSINESS: Real Fstai-a TOTAL: $1.403,480 Development - Comm. Date: 8-26-80 DETAILED COST BREAKDOWN: Land Acquisition & Site Development 26,500 + (226,380 Equit Contribuio Construction Contracts $ 975.600 Equipment Acquisition & Installation$ - 0 - Architectural & Engineering Fees 40;000 - Legal Fees $ 10,000 Interest During.Construction $ 60,000 Initial Bond. Reserve $ - 0 - Contingencies $ 30,000 Bond Discount $ 32,500 Other $ 2,5D0 •HISTORY OF APPLICANT 1. Have you ever been in bankruptcy? No 2. Have you ever defaulted on any bond or mortgage commitment? No 3. Have you applied for. conventional financing? Yes - No Success 4. What are your future plans? To continue with the overall P.U.D. as agreed with City 5. List financial references: a. Northwestern National Bank of mpl- Wallace Butler b. Dakota County'State Bank of Mendota Heights 6. When will the construction period begin? Start: May 1. 1981 Finish: June 1, 1982 7. Other comments: Land will be treated bV Yankee S=hare Offir-P TTI as an•equity contribution to the project. INFORMATION CONCERNING APPLICANT'S PROPOSED PROJECT 1. PROPOSED LOCATION (ADDRESS AND LEGAL DESCRIPTION) Bicentennial 6th Addition S.E. Quadrant of Federal Street and Washington Drive 2. NEW FACILITY OR EXPANSION? New Office Building 3. -INDUSTRIAL/COMMERCIAL/RETAIL? Commercial 4. ESTIMATE NUMBER OF NEW JOBS 210 ESTIMATED PAYROLL $4,167,450 5. IS THIS SITE PROPERTY ZONED & ARE UTILITIES AVAILABLE? -Yes 6. ESTIMATE OF ANNUAL SALES Office Use 7. POTENTIAL OTHER USES OF FACILITY 8. WILL THERE BE MORE THAN ONE PHASE IN THE CONSTRUCTION OF THIS PROJECT? No - Onlyone Phase 9. EXPLAIN HOW THI$ FACILITY WILL NOT COMPETE WITH OTHER LOCAL COMPANIES- There are no office buildings of this size and character in Eagan except Yankee Sguare Office I & Yankee Square Office II 10. WHAT WILL FINANCING ARRANGEMENTS BE; WILL THE FACILITY BE A LIMITED_PARTNERSHIP? No Limited Partnership - Financing will be _a sale of the Industrial Mortgage to a single purchaser. Y e Sguare O i 94 If9i Date: August 26, 1980 Signed: / Vernon Colon (Title): Partner