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03/18/1980 - City Council Regular I'll . 1PJM�.'�n'+1lMTM1r .MAn.M M.y.w.N•ten.,,C!7 .. }W{T` 4 AGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL --- -MARCD-18-, 1980 6:30 P.M. I. 6:30 - ROLL CALL AND PLEDGE OF ALLEGIANCE II. 6:35 - ADOPT AGENDA AND APPROVAL OF MINUTES III. 6:40 - DEPARTMENT HEAD BUSINESS P• � A. Fire Department @ 4 C. Park Department QB. Police Department o q D. Public Works Department IV. 7:00 - CONSENT ITEMS [One (1) .Motion Approves All Items] - VAI A. Award Bid - Cedar Cliff Utilities (Imp. 80-4) !4 B. Receive Petition for Utilities & Streets - Duckwood Trail Plat e� 14 C. Extension of Time for Final Plat of Meade Addition P•14 D. Data Privacy Act - Declaration of Responsibility Authority ?.15'E. Appointment of Park Foreman as City Weed Inspector p IS F., Change Order-#Z (Revised) Imp. Project #224 A (Ches Mar 4th & 5th) Fredrickson Excavating, Inc. , $11,690.00 ?.14G. Approve Change Order #3 Imp. Project #224 A (Ches Mar 4th & 5th) Fredrickson Excavating, Inc. , $11,300.00 p I(,H. Request for Final Payment - Imp. Project #224 A. (Ches Mar 4th & 5th) Fredrickson Excavating, Inc. , $29,920.20 ?.ILI. Approve Change Order #1 Imp. Project 216 (Mallard Park Addition) Fredrickson Excavating, Inc. , $21,749.00 %-IJ. Receive Petition for St. Francis Woods 2nd Addition 21K. Final Payment for Project 193-111 P21L. Set Assessment Hearing for Imp. Project #79-5 21M. Receive Petition for Street Imp. , Project #305 (Wescott Road) V. PUBLIC HEARINGS 22, A. J.K.R. Company I.R. Bonds $2,000,000 (Request for Continuance) N4 B. F. J. Hasselman I.R. Bonds $750,000 (Relate to Item B - New f• Business) o•7.4C. Imp Project #264 - Utilities & Streets for Twin View Manor VI. Y OLD BUSINESS A. Tax Exempt Mortgage Program Q /}0 B. Preliminary Plat for Coachman Land Co. (Request for Continuance) t}1C. Appointment Dakota County Law Enforcement Association Board Q 45 D. Dodd Road Petition Re: 4785-Dodd Road°Property E. Ice Arena Proposal g City Council Agenda March 18, 1980 Page Two i VII. NEW BUSINESS e b� A. Vernon R. Colon for Preliminary Plat Approval of Bicentennial 5th Addition and Detailed Site Plan Approval of an Office Building Located in the NEk of the NEk of Section 16 (located south of Yankee Doodle Road and west of Pilot Knob Road) (Request for Continuance) 6\ B. Frank J. Hasselman for Preliminary Plat Approval of Mardelann Addition located on Part of Government Lots 2 and 3, Section 17 (located northwest of the Trunk Highway 13 and Blackhawk Road Intersection) oo C. Pilot 'Knob Estates, Inc. , for rezoning from A (Agricultural) to R-1 (Residential Single District) and Preliminary Plat Approval of Walden Heights, located in the E2 of the NEk of Section 33 (located south of Cliff Road and west of Pilot Knob) VIII. OTHER BUSINESS C7 7 A, Home for Battered Women - Request to Change Conditional Use to Include 18-20 Persons Including Staff pp '77B. Approve Plans & Specifications & Order Advertising for Bids 1 for Imp. 80-9 IX. VISITORS TO BE HEARD (For those persons who are not on the Agenda) X. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 14, 1980 SUBJECT: AGENDA INFORMATION After approval of the March 4, 1980,. regular City Council minutes and special minutes for meetings held on February 28, March 5, and March 11 , 1980, and the March 18, 1980 City Council Agenda, the following items are considered for consideration: DEPARTMENT HEAD BUSINESS A. FIRE DEPARTMENT -- There are no items to be considered for the Fire Department at this time. B: POLICE 'DEPARTMENT - For informational purposes , . a memorandum entitled "1979 Oldsmobile Diesel, Squad Car" as written by Chief of Police DesLauriers is enclosed for your reference on pages through 3 Chief of Police DesLauriers was notified y Joe Graeve -tors of Valley that the 1979 Oldsmobile Diesel Squad Car has what appears to be a cracked block in the engine. Apparently Joe Graeve Motors feels the crack may be an original factory defect . The letter, the pictures and a statement from representatives of Joe Graeves Motors will be given to the region five manager of General Motors asking that General Motors repair the defect by installing a new block at their expense. It is recom mended that the City take a further course of action through the City Attorney' s office since the cost is approximately $2 ,400 if the field representative feels the claim is not legitimate. There is no action required on this matter. r • • agar. J3011re Department Martin DesLauriers ��yt_°r-� A 3830 Pilot Knob Road Chief of Police Eagan, Minnesota 55122 Jay M. Berthe Assistant Chief of Policee~ a� 12Mareh 1980 TO: Thomas L. Hedges , City Administrator FROM: Chief of Police SUBJECT: 1979 Oldsmobile Diesel Squad Car Since purchasing this diesel on 31 December 1978 we have had a number of problems concerning the motor in this car. We have had high consumption of oil, low mileage per gallon of diesel fuel, and a strong odor of diesel fuel inside the vehicle as well as soot. On numerous occasions we have had it back to the dealer, Joe Graeves Motors in Apple Valley, because of these problems . On March 6th we were forced to replace the heater core and at that time it was discovered that the engine was 'leaking water and -oil into the cooling system. We again returned it to Joe Graeves Motors and on Match 7th, I was notified that the engine showed a great amount of wear on the upper part and that there might be a cracked block in the engine. Officer Dale Brule went out to Joe Graeves to take a look at it and took some .pictures . It appears that a metal piece - chip - is broken out of the block on the top of one of the cylinders causing the head gasket to leak oil and/or water (I am not sure which) . Chuck Murphy is the field representative for General Motors and I telephoned him and in the conversation he stated that GM' will not assist the City in the repairing of this vehicle because it has 57 ,000 miles on it . He suggested that we just put a head gasket on it and con- tinue to drive it. that way. It is our opinion that the block should. be replaced and that the chip was a factory defect and GM should partake in the repair of it On March 11th I called Jim Russell who is the five region manager for GM and I discussed the problem with him. He informed me he would personall3 look into it and have an answer for me by the end of the week. The cost to replace this short block, which would include the main parts of the engine, would be between $2100 and $2400 . Because of the expenses we have already incurred in the brakes , suspension, transmission, it is my opinion that it is necessary to replace this motor and I have so instructed Joe Graeves to proceed with the job. I also feel that if GM does not partake in the repair costs on this motor, the City would be justified to proceed with a law suit or whatever recourse the council might choose. THE LONE OAK TREE — THE SYWOL OF STRENGTH & GROWTH IN OUR COMWAITY i Thomas L. Hedges Page Two- "1979 Diesel Oldsmobile" 12 March 1980 For your information, Chuck Murphy's telephone number is 830-4242 . His immediate supervisor is James Russell, 4640 W. 77th Street , Bloomington, 55435 , tel. : 830-4232. e I am also enclosing the three photographs taken by Officer Brule: #1 The chip out of the cylinder wall #2 The 'gasket #3 - The head of the engine. Martin DesLauriers MD/vk Encl. (3) Agenda Information Memo March 14, 1980 Page Two C. PARK DEPARTMENT -- The Advisory Park Committee considered a policy regarding tournament regulations for the Northvieu- Field Complex at their last regular meeting held on March 6, 1986. En- closed on pages 5 through �_is a memorandum specifically addressing field use, regulations , and classification of users for the Northview Field Complex in regard to weekend tournaments. The Advisory Park Committee took action approving the policy as prepared by Parks and Recreation Programmer. Peterson. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the policies as recommended by the Advisory Park Committee. • MEMO TO: CITY ADMINISTRATOR, TOM HEDGES FROM: RECREATION PROGRAMMER, PETERSON DATE: FEBRUARY 28, 1980 - RE; TOURNAMENT REGULATIONS FOR NORTHVIEW FIELD COMPLEX, BACKGROUND INFORMATION One year ago preliminary work on fees, regulations and classification - of users -for the Northview Field Complex in regard to week end tournaments was initiated. The proposals were briefly discussed by the Park. Committee and tabled for further study. The delays in construction and acceptance of the con- tractors work removed the urgency of a decision on the proposal. As of this date, however, plans are being prepared for the use of the Northview fields by adult softball leagues for the 1980 summer season. We can not fore see a high demand for weekend tournaments, however we must be prepared for inquiries with the adoption of our regulations, classifications and fee scale. . As directed by Barb Schmidt, I have studied the state regulations on availability to users regarding facilities built in part with Lawcon funds. The regulations are: 1. Preference in reservation is prohibited. 2. Reasonable differences in fees may be maintained on the basis of residence. 3. Differences in fees may include no charge for residents and a charge to non residents. 4. Fees charged to non residents can not exceed twice that charged to residents. S. Where no fee is charged to residents, the fee charged non residents can not exceed the fees charged residents at comparable state or local public facilities that have a fee system. The only neighboring municipality that has a facility with Lawcon monies involved is Bloomington. When they built that field complex they added it to the tournament policies already in effect for all of their other fields. It is interesting to note that an organization out side of Bloomington must petition the city council for permission to use the facilities. Other communities contacted were: Apple Valley: No Lawcon funds in a field complex. Burnsville: No state funds in a field complex. Lakeville: No Lawcon money in afield complex. So St. Paul: No state funding in a field complex. 5 • • P Z Attached please find copies of the city of Bloomington policy and the regulations proposed for the Northview Field Complex. As you will note: 1. We have not stated that all tournaments must be sanctioned. Until the Park Department has the man power to do all of the registration of teams and players and serve as the sanctioning agent we can not demand what we can not deliver. 2. We have not mentioned maintenance during a tournament. The Park Department budget for FY 1980 does not provide for overtime of this nature. 3. We have not included the youth leagues under classification of users. a. We do not realistically anticipate a tournament request from them as they use a play off system. b. The youth leagues do a tremendous service to the city and perhaps the Park Department budget should absorb the extra satellite service for them. c. Damage could occur, of course . . 4. The proposed regulations do not in any way deter the Eagan indi- vidual who sets up a tournament and can make a profit of $500.00 or more for himself. We can, however, classify that type of tournament as class two because of the presence of non resident teams. In that sense the user is the teams and not the individual organizing the tournament. The recreation sub committee from the Advisory Park Committee has had imput into these regulations. As a result of a meeting on 2/27/80 with Sharon Radl and Carolyn Thurston a statement on fees for maintenance by the park department crew during the tournament is included. Rather than deal with specific dollar amounts which change annually I have chosen to generalize. The actual figures for 1980 are: Pay and fringe benefits for one man plus rental of tractor--$20.00 per hour, mandatory 22 hour payment for call out. A legal opinion from the city attorney prior to presentation of the Tournament Use Policy to the City Council to verify compliance with state regulations would be adviseable. CITY OF BLOOMINGTON DEPARTMENT OF COMMUNITY SERVICES PARK AND RECREATION DIVISION SOFTBALL TOURNAMENT POLICY 1. Permits for facilities will only be issued to Bloomington organizations and/or teams participating in Bloomington recreational programs, which include among their membership, residents of the City of Bloomington. (Organizations outside Bloomington may petition the City. Council for permission to use facitities.) 2. Deadline for all tournament reservations for the summer is May 1. 3. A) A deposit of $50 is required to reserve your weekend.. It will be refunded on completion of, the tournament provided the park is picked up of litter generated by the tournament. It will not be refunded if we are required to -- clean up the park. B) A basic charge of $5/team will be due three (3) days before your tournament starts. 4. The charges above include: A) Shelter building with attendant B) Use of base liner and material , bases and other supplies C) Lights (if necessary) 5. All tournaments must be sanctioned by the Minnesota Recreation and Park Association, be prepared to show your card or receipt. 6. In the event of a rain-out, a complete refund will be made. The Park and Recreation Division shall determine if a refund (and amount) will be made on all other cancellations or partially completed tournaments. 7. If maintenance of fields by City crews is desired, payment shall be made for actual pay and actual fringe benefits and 50% for supervision and for equipment at actual rental rates. (Please contact Peter Wilczek at 881-5811, Ext. 284). 8. No vehicles or machines shall be permitted on park lands without written.consent. 9. Application for beer and food licenses if necessary, is through the City License and Inspection Department. Revised 1/4/80 jae LOCATION: NCRTHVIEW ATHLETIC COMPLEX SUBJECT: TOURNAMENT USE POLICIES CLASSIFICATION OF USERS Class one: Eagan Adult Leagues Class two: Tournaments that include non resident teams FEES: Class one: $25.00 per weekend for trash pick up and extra service to toilet facilities. $100.00 damage deposit, refunded if no damage occurs. Class two: $25.00 per weekend for trash pick up and extra service to toilet facilities. $100.00 damage deposit, refunded if no damage occurs. $5.00/ team basic charge. Maintenance: If maintenance of fields by city crews during the tournament is desired, payment shall be made by tournament sponsor for actual pay and actual fringe benefits and for equipment at actual rental rates. License to sell beer: Apply for at the Eagan City Hall at least 2 weeks prior to the event; pay all fees in accordance with city ordinance 43. TOURNAMENT REQUESTS Applications for weekend tournaments will be accepted beginning May 1. 1. Reservations will be made on a first come first serve basis. 2. All fees must be paid by the Wednesday prior to the tournament. 3. In the event of a rain out a complete refund will be made. The Park Department will determine the amount of refund, if any, on partially completed tournaments. REGULATIONS 1. No game may start before 8:00 A.M. - park must be clear by 11:00 P.M. 2. Tournament sponsor will enforce NO PARKING in grass areas. 3. Except for initial dragging, tournament sponsor will provide field maintenance during the tournament unless request for and payment for city maintenance has been made. 4. Trash must be bagged and/or in barrels in one central location. February 28, 1980 Agenda Information Memo March 14, 1980 Page Three D. PUBLIC WORKS DEPARTMENT -- ' Item 1: At the January 15, 1980, City Council meeting, the City o�unc 1 approved the installation of a passenger waiting shelter at the location of the Valley View Apartment on Rahn Road Road. This information was then forwarded to the Metropolitan Transit Commission. The ° City has received a response from the MTC indicating that our first priority request is at the Valley View Apartments location; but they will only be willing to install a passenger shelter at the intersection of Wild- wood Lane and Rahn Road. This is due to the fact that this has the highest load count of any site in the City' of. Eagan. Although the City' s rationale in selecting the Valley View site was explained to the MTC, they indicated that the priority for installations was based only on load count Therefore, if we were to pursue the Valley View site, it might not meet the criteria necessary for an installation during_ 1980. The proposed site plan of this shelter location is enclosed on page 10 for your review. ACTION TO BE CONSIDERED ON THE MATTER: To approve the location at Wildwood Lane and Rahn Road or restate the preference for the Valley View Apartment site. 1 Tmew TZ ) I" U4 L7 Uo a LL v LA cn CID Q) z (� k v g -4 Lo Q1 -� IQI i e CO. RD. 30 I � U Agenda In-formation Memo March 14, 1980 Page Four Item 2: A bid opening was held at 3:00 p.m. on March 13, 1980 to consider bids for a street sweeper. The following is a list of bidders and bids: BIDDERS BID 1 . Hayden Murphy Equipment Company NO BID 2 . Itasha Equipment Company NO BID 3 MacQueen Equipment Inc. $51 ,268.00 $48 ,750.00 (Alternate) The City received two ( 2 ) bids , both from MacQueen Equipment Inc . The specifications called for a six week delivery which means the street sweeper would be delivered on approximately May 1 , 1980. The base bid, or the $51 ,268.00 bid, has a delivery of fourteen weeks which means the street sweeper would not arrive until July 1 , 1980. The alternate . bid is for a demonstrator. This sweeper is currently being assembled at the factory and would be available to MacQueen Equipment Inc. , who must then perform six (6 ) demonstra- tions , and then it becomes classified as a demonstrator and then would be sold to the City of Eagan in the amount of $48,460.00. The warranty is the same on the demonstrator and delivery would be May 2 , 1980. The City would expect only 100 to 300 miles on the unit . The street sweeper was approved as a Capital Outlay purchase for 1980 at an estimated amount of $44,000. This is shown on pave 42 of the 1980 budget. This item is somewhat different than other budgeted items due to the fact that an equipment cer- tificate will be sold to finance all the Capital Outlay items listed on page 42 of the budget. Public Works Director Colbert will ex- plain in detail why the other two bidders ' did not submit a bid and answer any questions relating to the type of street sweeper the City is considering for purchase at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THE MATTER: To either approve or reject the low bid or alternate bid submitted by MacQueen Equipment Inc . for a new street sweeper in the amounts of $51 ,268.00 or $48,760.00 for the alternate. II Agenda Information Memo March 14, 1980 Page Five CONSENT ITEMS There are twelve ( 1.2 ) items referred to on the Aenda as Consent Items A through I that require one ( 1 ) motion by the City Council . if there is an item that a member of the City Council would like to discuss in further detail , the item should be removed from the - Consent -list and placed under Other Business unless the _discussion required is brief. This allows the City Council to move into the Public Hearings which are also scheduled for 7 :00 p.m. AWARD BID - IMP. 80-4 A. Award Bid for Cedar Cliff Utilities - (Imp. 80-4) -- At 3:00 p.m. on Thursday, March 6, 1980, the Public Works Department of- ficially opened the bids for Imp. 80-4, Cedar Cliff Utilities . Twenty-seven (27 ) bids were submitted with the low bid being pre- sented by Walhunt Construction Company in the amount of $139 ,554.40• The bid was well below the Engineer's estimate of $152 ,000. En- closed on page 13_ is a copy of the bid 'tabulation sheet for your reference . ACTION TO BE CONSIDERED ON THE MATTER: To award the low bid for Imp. 80-4, Walhunt Construction Company, in the amount of $139 ,554.40. OUR FILE NO. 49172 CEDAR CLIFF SANITARY SEWER, WATERMAIN CITY IMPROVEMENT NO. 80-4 PROJECT NO. 295 FOR EAGAN, MINNESOTA BID TIME: 3:00 P.M., .C.S.T. BID DATE: Thursday, March 6, 1980 CONTRACTORS TOTAL BASE BID 1. Walhunt Construction Co. $ 139,554.40 _ 2. Richard Knutson, Inc. 141,440.00 3. Kenko, Inc. 145,596.00 4. C.W. Houle, Inc. 147.704.00 5. American Contracting Corp. 147,810.84 6. De Luxe Construction Co. 149,071.70 7. Encon Utilities, Inc. 152,544.00 8. D-G-B, Inc. 157,349.00 9. Barbarossa & Sons 157,570.00 10. Fredrickson Excavating Co. 157,664.50 11. A.C.G. Mechanical, Inca 158,579.76 12. C. Wayne Erickson 159,411.40 13. Nodland Associates, Inc. 159,857.00 14. Erwin Montgomery Construction 161,588.00 15. Q.R.S. Construction Co. 164,999.00 16. Parrott Construction Co. 166,113.00 17. Orfei & Sons, Inc. 166,342.36. 18. Arcon Construction Co. 167,845.50 19. D.H. Blattner & Sons 168,301.50 20. A.R.I. Contracting 170,385.00 21. W.W. Dawson, Inc. 170,668.00 22. Randall Contracting, Inc. 172,069.50 23. Progressive Contractors, Inc. 172,823.50 24. Ideal Enterprises, Inc. 184,345.00 25. W & G Rehbein Bros., Inc. 205,951.00 26. Austin P. Keller Construction Co. `211,750.00 27. 0 & P Contracting Inc. 223,321.62 28. Gartze Construction Co., Inc. No Bid ENGINEER'S ESTIMATE-------------------- $152,000 Agenda Information Memo March 14, 1980 Page Six PETITION DUCKWOOD TRAIL PLAT B. Receive Petition for Utilities & Streets ..for Duckwood Trail Plat -- The City has received a written request from Bar-Ett Con- struction Company for the preparation of a feasibility report for the installation of streets and utilities in the Duckwood Trails plat This plat is located in the northwest corner of Duckwood Drive and Lexington Avenue and will encompass the proposed apartment complex. The .developer will be responsible for the cost of the feasibility report , if it is 'not ordered for improvement by the City Council . ACTION TO BE CONSIDERED ON THE MATTER: To receive the petition and order preparation of the feasibility report for the installation of streets and utilities in the Duckwood Trail Plat, referred to as Project #308. EXTENSION OF TIME - MEADE ADDITION C. Extension of Time for Final Plat of Meade Addition -- A request was received from Mr. and Mrs .' William Meade who reside at 4700 Cedar South for an extension of time for one year on the prelimi- nary platting of, Meade Addition. The letter did not indicate rea- sons for the continuance, and since -Mr. Meade has not contacted the City Administrator as of the time this memorandum was prepared, stating the reasons for continuance, it is recommended that : ACTION TO BE CONSIDERED ON THE MATTER: To continue the request for an extension of time for the final plat of Meade Addition until the April 1 , 1980, City Council meeting. DATA PRIVACY ACT D. Data Privacy Act for Declaration of Responsibility Authority -- It is now a requirement that every municipality in the State Of Minnesota appoint an employee of its organization to be the responsible authority for the Data Privacy Act. Legislation esta- blishing this reo_uirement is the Government Data Practices Act passed by the Sta*_e Legislature. It is recommended that the City Clerk be appointed as the responsible authority due to the fact that position is responsible as the custodian of all official City records according to the statuatory City requirement. The City Clerk would be responsible for implementing --security policies and procedures of the City to safeguard City funds and data and the personal property of City employees, certain data for law enforce= ment activities , proprietory information which could include Agenda Information Memo March 14, 1930 Page Seven computer programs and other related information, sealed absentee ballots , sealed bids , personnel examination forms , salary and- bene- fit surveyed data, labor relations data, and detailed financial statements that are submitted by developers in connection with economic development activity. The City Administrator has access to all information as well as the City Clerk and; would be the re- sponsible authority in the absence of the City Clerk. ACTION TO BE 'CONSIDERED ON THE MATTER: To appoint the City Clerk as the responsible City authority to enforce the Minnesota govern- ment data practices act. APPOINTMENT OF CITY WEED INSPECTOR E. Appointment of Park Foreman as City Weed Inspector -- Minnesota statutes , under provisions of the Statuatory City Laws state that the Mayor of each community by the nature of his or her position is the City Weed Inspector. Since this legislation was approved ' in 1973, the Minnesota Department of Agricultural has made it a requirement that all acting weed inspectors be certified. * Mr. Jim McGuffee, the City' s Park Foreman, has taken a two day training course in Rochester and is eligible to become a certified weed inspector. ACTION TO BE CONSIDERED ON THE MATTER: To appoint James McGuffee, Park Foreman, to act as the Assistant Weed Inspector for the City of Eagan beginning April 1 , 1980. CHANGE ORDER #2 - IMP. #224 A F. Change Order #2 (Revised) Imp. Project #224 A (Ches Mar 4th & 5th) Fredrickson Excavating, Inc. , $11,690.00 -- During the summer of 1979 , the City became involved in a drainage problem being ex- perienced by the Jarvi' s and O'Cell ' s in the Ches Mar Additions . As a result of this , staff recommended, and the City Council ap- proved, the installation of additional catch basins at the intersec- tion of Dunberry Lane and Ches Mar Drive. I This additional storm sewer work was originally approved in August of 1979 in the amount of $9,500. Due to difficulty encourtered with the existing sewer service to the adiacent residence and the extension of the storm sewer Line to �reven*_ erosion and eliminate adverse impact to ex- isting large oak trees , it was necessary to install additional quantities. Therefore, this revised change order is being requested - to be approved by the Council . ACTION TO BE CONSIDERED ON THE MATTER: To approve Change Order #2 as revised to provide for payment in the amount of $11 ,tig0 to Fredrickson Excavating Inc: _15 Agenda Information Memo March 14, 1980 Page Eight - - -- - -- _ - --CHANGE ORDER #3 = IMP. #224 A G. Change Order #3 for Improvement #224 A (Ches Mar 4th & 5th) - This change order provides for the looping of water main to Dunberry Circle from Oak Leaf Circle , extension of the trunk water main from Cliff Road to the booster section on the interconnection of the trunk water main facilities on Cliff Road and Oak Chase Road. These items were not in in the original contract and were deemed to be necessary during the construction of this project. The three parts total $11 ,300 additional cost of -which $5,710 is the responsibilty of the trunk utility fund. The remaining $5 ,590 has been assessed against the Chen Mar 4th and 5th Addition during the final assessment hearing that was held in the Spring of 1979 . ACTION TO BE CONSIDERED ON THE MATTER: To approve change order #35 Imp. #224 A, in the amount of $11 ,300-to Fredrickson Excavating Inc. FINAL PAYMENT - ,IMP. PROJECT #224 A H Request. for Final Payment for Imp. Project #224 A (Ches Mar 4th and 5th) Fredrickson Excavating Inc - All inspections have been performed by the Consulting Engineer and verified by the Public Works Department. This project is now ready for acceptance and perpetual maintenance by the City. This project incurred a cost overrun of 1 .7% from the contract amount, taking into consideration the previously mentioned change orders. This overrun was included in the final assessment hearing that was held during the Spring of 1979. ACTION TO BE CONSIDERED ON THE MATTER: To accept the project for perpetual maintenance and authorize final payment for Imp. #224- A to Fredrickson Company in the amount of $29 ,920.20: CHANGE ORDER PROJECT #216 I. Approve Change Order #1 for Imp. Project #216 (Mallard Park Addition) Fredrickson Excavating Inc. , $21,749.00 -- During the construction of utilities for Mallard Park Addition, referred to as Imp. #216, certain addtional work was determined to be necessary. This additional work provided for the installation of an. additional hydrant , the installation of an additional: gate valve, excavation of a strom sewer pond to provide 'drainage for the storm sewer system, reconstruction of existing manholes in Woodgate Lane due to a revised regrading of the streets in the 2nd and 3rd Additions : J f' ki . ::gip.w47».:.a4".s wa.;�°`z'+✓>'"" ' l � A;enda Information Memo, March 14, 1980 Page Nine excessive delay in completion and the regrading of .Johnny Cake Ridge Road; due to changes that have occured since its original --— completion in 1972 . The total amount of this change order request is $21 , 749. This work will all be charged to Mallard Park Addi- tion' s utility project with no financial responsibility on the trunk fund. ACTION TO BE CONSIDERED ON THE MATTER: To approve change order #1 , Imp. #216 (Mallard Park Addition) to Fredrickson Excavating Inc. in the amount of $21 ,749 PETITION ST. FRANCIS WOOD 2ND ADDITION J. Receive Petition for St. Francis Wood 2nd Addition -- The City has received a written request from Mr. Richard Giefer `of Lexington Development Company, requesting the preparation of a feasibility report for the extension of sanitary sewer and water main to service St. Francis Wood 2nd Addition located in the W4 of Duckwood Drive and Lexington Avenue. Because this would involve extension of trunk water main and sanitary sewer facilities , he has obtained a similar request from St. Paul Companies and Dunn & Curry Real Estate Management Company for the preparation of this report . Mr. Giefer is guaranteeing the cost of this report should the pro- ject not be approved by the City Council . The area is under the control of the petitioners which are indicated on the attached map, found on pages 18 through ap ACTION TO BE CONSIDERED ON THE MATTER: To -receive petition and order preparation of feasibility report for Project #307 . • 0 PETITION FOR LOCAL IMPROVEMENT Eagan, Minnesota /�7, 19 �?O To the City Council of Eagan, Minnesota: We the undersigned, hereby petition for the preparation of a Feasibility Report to investigate the feasibility of extending sanitary sewer and/or watermain to service the affected properties. We understand that this report will provide approximate cost* estimates and that a formal public hearing will be held at which time we may review the results of the report and indicate our acceptance or rejection. �ignature of Owiaer Address of Property l Z"rJ ✓ r 2. 3 4 . 1. 5. 7 . 8 . 9. 10. Iz l 11. 13 14. S -r �ceG�c 15. 16. 17. 114 sfs 718 19. 20. C� �? a. 112"' 6 _ 1511 ADDITION, Yf r Iy 1 1i N P�SK i —a X69 9 I T 1 ?GE l 4 4 9•' I I 11 L7 9 12 � . ; rAnrE 00004E GOAD '.CO • 11 88 — L1 N2�s W SCOTT E -« -7 WESCOTT � i ' tST r 2ND ' _ J��'. GARDEN Ld TS 1211 ro 15 FI _ r 1.1t 11 4= : S *DDIi1011 t Y BALI 64 r T 33 —y 'T� = j� .. — -- 1 ES OTx t12 — -- Ik -,-WiIQDC �. �• IF I SK DACE AD 61 1 1 NO 2 -aL1/ �EOVDALE - �1 �121 12 j•� 1211. 15 N 01 11 -2f I �� �� • 12 z! 4� t 56 EAGAF I L... P44N b 2 W vt 7 a V " T-�I Y `. c ; t r I T _a/ I � -- �' 34 �-- If m ' t J r _.• ,qtr- t`-y �' S,t. t '- I ay ' 140Q �, W F a 0 ~IEW . I 1 i t EMSCHOOI �]C o J Tf ;ht ME ?� U y Gv 20 I� . �� j pM- S LA �3t PA4K A Qq 1, .� / f n _I TM _t- I o -- NET - •J AK _1 \ SITE 32 CL, J 12l1 —• I 12 07 Y� AN4PAKOTA PA Rol►y SEHV,• E 2 2 s I � _.. DM.G. 4 9 Ede va/r�l „_ i H.W.L. 1055 rt TON ; y f a4 L - 18" ^ ION,,,,, ;CENTER z . 16,1 I \ \ 2 _ a FOX 12 __ I B �-:,' � aDGE 20 OtrAYK o Aoao 18�� 4 o RDF �Za p' S7 0"( 56 24" 54 Z4 I t 3RC Po E C �',�L 4� HA WESCOTT 1 +HILLS t — -- EtGTS"t - _ 3O�t is 2ND �� �. WESCOTT 104f 6. � 6 _ I Ground n GARDEN LOTS HW.L. /0 �t' u o < a — T T 69 24 301, 66 �� �;�, Id, —�.. v _ 12 HA` n f CRI sclo" AD, 7 - l2" , , I Ground Is' _ \ 1055 _ -_ 18� 18t� _sxov 12" 4 16�� IS 16�� a r Ip nd 1 - o - O GP.M oos/er 12" Y t �A PA'RiCK o ItQ EAGAN 10 — PARK u \ ��ny J 7F a.�12" 12„ 7 W it 12". I2� - . xt _12 �4�y, i I I a_. 20' 116 27' QI- W 11 lot y S1,DDLE 6 HORN jj (J I 12 SCHOOL ,E. _r c_ 29 a l* UTIIiTY pASEMENT ,. _ 2 •.OMAS LAKE ul�,RLN.• 1 211 - �� 12++ !. PARK ,4�'I-:_ i �r� S G AJIL ' c4 ``\ c t, r1-A, GEWOCO O C� � V -'f 1 12 13 24" 24 4Yr 3 ! = it - 2 ' 4M.G. Gna "' 3 000M s ter .Z ' _. BOI , _. / 1 PFr�4 .., H.W.L. / _ � ' T �� 16�o DAKOTA I �`' GOUN'Y _ Agenda information Memo March 14, -1980 Page .Ten FINAL--PAYMENT - DEEP WELL NO. 5 K. Final Payment for Project 193-111 -- ,All work has been completed regarding the construction of Deep Well Pump No. 5. The project has been inspected by the Consulting Engineer and accepted by the Public Works Department. Therefore, the project is in order for consideration to accept the project and make final- payment . ACTION TO BE CONSIDERED ON THE MATTER: To accept Project #193 -111 for perpetual maintenance and authorize final payment in the amount of $1 ,499.50 to Keys Well Drilling Company. ASSESSMENT HEARING - PROJECT #79-5 L. Set Assessment Hearing for Imp. Project #79-5 -- All sanitary sewer, storm sewer and water mains associated with Imp. #79-5 (Vienna Woods , Buffer Hills and Denmark Ave. Utilities ) have been completed and final cost has been tabulated. It would be timely to hold the final assessment hearing on these projects during- spring of 1980. This improvement' was initiated by way of petition by the developers involved and will be assessed back to the peti- tioners . ACTION TO BE CONSIDERED ON THE MATTER: To order the final assess- ment hearing for Imp #79-5 to be held on May 6 , 1980. PETITION FOR STREET IMPROVEMENT PROJECT #305 M. Receive Petition for Street Improvement, Project #305 (Wescott Road) -- Wescott Road, from Pilot Knob Road to Denmark Avenue , is presently nearing completion under Project #225. Wescott Road is proposed to be extended to Lexington Avenue as a part of the Comprehensive Major Street Plan. The City Council , in its nego- tiations with the Dakota County Board of Commissioners for the location of the new library facility on the 40 acre tract of land, assured the County that Wescott Road would be extended to Lexington Avenue from Denmark Avenue. Since the second phase of the improve- ment will be needed by the end of 1981 , it is. recommended that the City Council authorize the preparation of a feasibility report for Project #305 to begin planning and construction of that segment of roadway in the community. ACTION TO BE CONSIDERED ON THE MATTER: To initiate a petition and order a feasibility report for ' street improvement project #305 (Wescott Road) . Agenda Information Memo March 14,, 1980 Page Eleven PUBLIC HEARINGS IDR BONDS - J .K.R. COMPANY A. J.K.R. Company. I .R. Bonds $2,000,000 (Request for Continuance)-, - A letter was received on March 10, 1980, from Mr. Ken Appelbaum representing Marell Realtors asking for a continuance of the tax exempt mortgage application for the Pilot Knob Office Building project until the May 6, 1980, City Council meeting. A copy of that letter is enclosed on page for your reference. ACTION TO BE CONSIDERED ON THE MATTER: To continue the IR Bond application for T.K.R. Company until the May 6, 1980, City Council meeting. (612) 8847225 MARE11 REALTORS 113. REALTOR 10800 LYNDALE AVENUE SOUTH • SUITE 191 • MINNEAPOLIS, MINNESOTA 55420 MEMBER "MLS" REAL ESTATE . . MORTGAGE INSURANCE March 10, 1980 Mr. Thomas Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 RE: Tax Exempt Mortgage' Application/ Pilot Knob Office Building Dear Mr. Hedges: We are requesting a postponement of the meeting in front of the council for March 18th. Please put us on the agenda for the meeting of the 6th of May, at which time we will have ad- equately prepared all the marketing and financing information that the council requested. Please either call or let me know by letter if this change of meeting date meets your approval. Sincerely oigs, Kenneth Appelb u KA/j ww �3 _ Agenda Information Memo - March 14, 1980 Page Twelve IR BONDS - FRANK HASSELMAN B. - F. J. Hasselman I.R. Bond $750,000 (Relate to Item B New Business) - Because of the way that the Agenda is structured, the preliminary plat approval of Mardelann Addition appears under New Business. However, normal procedure for consideration of In- dustrial Revenue Bond applications is to make sure all. variances , platting and other procedures have been approved by the. Planning Commission and City Council . Therefore, it is suggested that the City Council handle Item B under New Business at the same time the public hearing is held for Industrial Revenue Bonds for Franc Hasselman. It is advised that action be taken on the preliminary plat and then considera::ion be given to the Industrial Revenue �' Bond application. Please refer to pages { , J through 6 7 for item B under New Business while you are reviewing this item.The Finance Committee met in a scheduled meeting held on Thursday, March 13, 1980; and it is their recommendation, pending approvals of the preliminary plat, that the I .R. Bonds for Frank Hasselman in the amount of $750,000 for his project be approved. A copy of the application, personal statement and other financial sheets are enclosed but not given a page number for your review in the packet. IMP. PROJECT # 264 - TWIN VIEW MANOR C. Imp. Project #264 for Utilities and Streets for Twin View Manor -- During the early part of 1979, a request from the owner in the Twin View Manor area was received regarding the installation of -- streets and utilities in that addition. The feasibility report was presented to the City Council at the meeting on February 19, 1980- with the public hearing being scheduled for March 18, 1980. On February 20, a public informational meeting was held with appro- ximately 20 residents of the area, explaining the proposed project. Since that time, the City has received petitions, pro and con, regarding the street_ improvement and utilitiey improvement . A copy, of these petitions with a reference map is attached for the Council ' s information on pages - 1< Also enclosed on pages through is a copy of t.�e feasibility report as 'prepared Sy the Consults—'ng Enineer. ACTION -TO BE CONSIDERED ON THE MATTER: To close the public hearing and either approve or deny Project #264 for the Street and Utility improvement as described for the Twin View Manor Addition. i We, the undersigned, petition to reject the proposition for the street imDnovements portion of Improvement Project Number 264, Turin View !.anor. Name Address f 47 y FO Al r !� w r� J��•�7���� /! J! J t ,e, N 'ii e, the undersigned, petition for the propcsition for the street improvements portion of Improvement 'Project Pyuamber 2641 in View .anor. Name Address 7a--,E) yy d U � q7�;� � S m �. r"rn r f N 00 9ZL _ 09 >3I 99 H I ?H I 99 I vv I i i i • - I I j I N N 3 £ - 6 � D O 'l st r 3NV-1 S380-100 m Ln �7 Z m o me I j- LI 05 Z l � r , Z. v V- 0- 0 t 3 rT 1 ��Sb3 Z81 w €0-OZ ,D rTl OD _ s, W m 9 n N U V r 1 ' rn N 1 I w lei v m N -{- 3NV-1 S 3 H 0-100 rn ry r FT-1 M?2 L1 - 1 o- o - ;� C sb3 s CA £0 oZ f'r"1 CD m = s — W `° N U 391 OD Co dpm% ca to I l d o W Z CA� e0-010 D ft1 0 N dV9 o b o 3-181SSOd,', � J i � �• � 781 09 91 V o OD i i Ili l i 0 I j 001, i 99! � u 99 Z131 lOVO8 0 0 8 ZL �r�J .....-.�.�n+.wr...-....Y 'M'}'!NI'rM-�rw.Ml•pYS .a ,L`s�.�� ^r.^.!1.M++f t'C.iA�.wµM,+.ar•es•f+f.4.'4 ..,,. ......a•,.,..�w..e....... .. .... ...f'M 4'..... ......:..a.+e.� ....}.:�.��.�lt.. ... k.� .. I ..!'c-+nN, .µ. rp R v CcNCI 'We, the undersigned, petition for the proposition for the -- sewer and water portion of Improvement Project Number 264, ,vin View ?.anor. Name Address AD Al 090 4 U�• ���L� rr r l �9 OL !w r 1 I've, the undersighed, petition to reject the proposition for the sewer and ;eater portion of Improvement -Project Number 264; 1win View Manor. Name Address C -7 ,kS ,- y 2 5 5 � t _ -7 q � � P a� �- ._�. f. _.. -v°h .ac k' _ .e�w 5•e ^^ a: „,-_.w.�r».:;-u Ha�w..«. _r, w __. 3Nd1 S3H0100 i I m Z Slh� _9)7/71 O vv t � J —C rT.T y t) O tp rn 20-olc D OD I a 13 191�SJd•�. � I it G � CH t I I T 99 zal 0083L 08 �0 _ i I ` v OD 00 as C" O r -r OD N OD i i r D , O H 3Nd1 S380-100 i ui m► m to � z S�h� o s a rn • 1 V V O ICA Q1 c.,.,_ 3,i.. ~ t Uf '/���e' /�� "OcO r ow KGlenn eith A. Cook,P.E. `/ ll�/ 7l�/ Pow- Keith A.Gordon.P.E. Otto G.Bonestroo,P.E. Thomas E.Noyes,P.E. /) P p Robert W.Rosene,P.E. Richard W.Foster,P.E. v v Joseph C. d nderlik,P.E. Robert G.Schunicht,P.E. 335 '14.4'14.4 36 Bradford A.Lemberg,P.E. Marvin L.Sorvala,P.E. 1 19Aiat Robert D.Frigaard,P.E. Donald C.Burgardt,P.E. St. Pawl, Af".. 4 55113 Richard E. Turner,P.E. Jerry A.Bourdon James C.Olson,P.E. Mark A.Hanson n am& 611-6364600 Steven M.4uineey Kevin K. Wolka,P.E. Charles A.Erickson Preliminary Report on Leo M. Pawelsky Sewer, Water, Storm Sewer and Streets Harlan M.Orson David E.Olson Twinview Manor Improvement Project 264 Eagan, Minnesota February 18, 1980 SCOPE: This project covers the construction of sanitary sewer laterals, water trunks and laterals, storm sewer laterals and streets serving Twinview Manor in Eagan, Minnesota. FEASIBILITY AND RECOMMENDATIONS: The project is feasible and is in accordance with the Master Plans for Sanitary Sewer, Water and Storm Sewer and the major street plan for the City of Eagan. For bidding purposes it can best be car- ried out in two projects; one for utilities and the other for street improve- ments. DISCUSSION: Twinview Manor consists of 41 single family residential lots lo- cated at the southwest quadrant of Pilot Knob Road and Cliff Road. Also in- cluded within the scope of this report are unplatted parcels of land located on Pilot Knob Road, between blocks one and two of Twinview Manor. Residents within the area have been experiencing difficulties with their wells and pri- vate sewer systems and have petitioned the City of Eagan for this study. Lots 17 and 18 of Block 4 and Lots 7 through 12 of Block 5 will not be un- der consideration for sewer and water service under this report because they are largely undeveloped and because they could be served much more economical- ly by laterals extending through a future development to the west of Twinview Manor which is currently under consideration by the owners of this property and the City Planning Department. Lots 1 through 3 of Block one were served as a part of Improvement Project 234 and are not a part of this project. Page 1 . 11C 3� Sanitary sewer service for the area would be provided through a lateral draining to the sewer trunk in place on the south side of Cliff Road. This lateral would extend southeasterly from the northwest corner of Twinview Manor to Eriks Boulevard and run southerly in this street to the south edge of the plat. The portion of the sewer lateral located outside the platted right-of-way of Erik's Boulevard will follow an alignment which would best serve a possible replat of Lots 1 through 6 and lots 10 through 16 of Block four of Twinview Manor as submitted by the owner of this property. Water main serving the area will also follow this alignment as is shown on the maps at the back of this report. The Master Plan for Water for the City of Eagan indicates that a 16" diam- eter water trunk be constructed in the right-of-way of Pilot Knob Road south of Cliff Road. It is proposed that this water trunk be located on the align- ment described above for the sanitary sewer and that the trunk water main be used for lateral service to the area covered by this report. A storm sewer lateral draining the area under consideration in this report would be constructed in an unnamed street right-of-way from Erik's Boulevard to a discharge point in the west ditch of Pilot Knob Road. At the time that Pilot Knob Road is upgraded, a storm sewer lateral will be constructed which will carry this water to Thmas Lake Road. It is proposed to construct only those portions of Erik's Boulevard and Dolores Lane which will be served by sanitary sewer at this time. These streets would be constructed as normal residential streets with a 32' wide bituminous driving surface, concrete curb and gutter and 5 ton driving sur- faces. Page 2. Easements will be required for the construction of sanitary sewers and water mains from Cliff Road to Erik's Boulevard. These easements should be located to conform to a possible replat of the area. AREA TO BE INCLUDED: E 1/2, NE 1/4, Section 33, T27N, R23W, Eagan, Mn. COST ESTIMATES: The following cost estimates include construction costs plus 18% for engineering, legal, administrative and other costs appurtenant to the project: ITEM COST COST PER LOT Sanitary Sewer Laterals $ 48,000 $1,500 (32 lots) Water Laterals 389400 1,200 (32 lots) Water Trunks 31,700 --- Service Stubs 12,000 600 (20 lots) Storm Sewer Laterals 16,000 800 (20 lots) Storm Sewer Trunks 11,200 560 (20 lots) Street Improvements 78,000 3,900 (20 lots) TOTAL PROJECT COST. .. .. $235,300 $8,560 ASSESSMENTS: Assessments are proposed to be levied against benefited property shown on the maps in this report as determined by the final improvement costs and in accordance with base rates in effect at the time of the public hear- ing. Estimated costs are as follows: Sanitary Sewer Laterals . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,500/lot Water Laterals . . . . . . . . . . .$1,200/lot Service Stubs . . . .. .. . . . . . . . . . . . . . .. . .. . . . . . . . . . . . .$ 600/lot Street Improvements . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . .$3,900/lot Trunk Sanitary Sewer . . . . . . . . . . .. . . . . .. . . . . . . . . . .. .$ 700/Acre $ 335/Platted lot Page 3. 33 i Trunk Water Main .. . .. . . . . . . . .. . . . .. . . . . . . . . .. . . . .$ 700/Acre $ 335/Platted lot Trunk Storm Sewer Single Family . . . . . .$.034/sq.ft. $560/platted lot Multi-family : . . . . . .$0425/sq.ft. Comm.-Ind. . . . . . . . . .$.051/sq.ft. REVENUE SOURCES: Revenue sources to cover the cost of this project are listed as follows: SANITARY SEWER CONSTRUCTION COST ASSESSMENTS BALANCE Laterals $ 48,000 $ 48,000 -- WATER MAIN Laterals $ 36,000 $ 36,000 -- Trunks 31,700 21 ,800 -$91900 SERVICE STUBS Laterals $ 12,000 $ 12,000 -- STORM SEWER Laterals $ 16 ,000 $ 16 ,000 -- Trunks --- 11,200 +11,200 STREET IMPROVEMENTS Laterals $ 78,000 $ 78,000 -- TOTAL PROJECT BALANCE . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .+$1 ,300 PROJECT SCHEDULE Present Feasibility Report . . . . . . . . . . . . . . . . . . . . .. . . . .Tuesday, February 19 Mail Notices of Hearing to Newspaper . . .. . . . . . . . . . . ..Friday, February 22 Publication of Notice in Newspaper .. . . . . . . . . .. . . . . . .Wednesday, February 27 Mail Notice of Hearing to Public . . .. . . . . . . . . . . . . . .. .Thursday, February 28 Public Hearing . . .. .. . . .. .. . . . . . . . . . . . . . . . . . . . . . . ... .Tuesday, March 18 Page 4. 3q 0 Approve Plans and Specifications .. . . . . . . . . . . . .. . .. . .Tuesday, May 6 Advertise for Bids - First Publication . . . . . . . . .. . . . .Wednesday, May 8 Open :Bids .. . . . . . . . .. . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . .Thursday, May 29 Award Contract . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . .Tuesday, June 3 Construction completion . . . . . . . . . .. . . . . .. . . . . .. . . . . . .November, 1980 Final Assessment Hearing . . . . . . . . . . . . . . . . . . . . . . . . . .February, 1981 First Payment Due with Real Estate Taxes . . . . . . . . . . . .May, 1981 I hereby certify that this report was prepared by me or under my direct super- vision and that I am a duly Registered Professinal Engineer under the laws of the State of Minnesota. A, Z? -neQ Keith A. Gordon Date: January 18, 1980 Reg. No. 10204 Approved b Thomas Colbert Director of Public Works Date: ��/1/80 Page 5. 35 • CLIFF1 Ex. San. i ROAD Sewer a Proposed Replat •�� o North wy Z — 0 Q � It +u DO LO Props ed LANE San. S er 0 ' cc San. Sewer Service Q Assessment Area _ Y td U � M , 0 Z Y 1 F-- O a. TWIN VIEW MANOR SANITARY SEWER PROJECT NO. • 264 49131 3� Scale: 1-=400 I l I I NOMA & ASWC MSC. CLIFF CLIFF1 Ex. Watermain i ROAD oaf ��o J i `. Proposed 1 �� Replat Noith w Z - O Q It cr_ J � Gos DO LO Prop 'c LANE Water in n= Lateral Assessment Q Y Area U � � I m Y Trunk Assessment g i r Area OO TWIN VIEW MANOR WATERMAIN PROJECT NO. ' 264 49131 3 Scale: 1"=400 101=11 , Aim i ASSOCp W. I CLIFF1 ROAD Off•' <J Proposed � Proposed Replat Storm Sewer W °a Hoith z �� - o Q J G m .�s j DO LO I LANE o � Q Storm Sewer Lateral _ Y Assessment Area V � � m . O Z Y 1 0 J_ a TWIN VIEW MANOR STORM SEWER PROJECT NO. ' 264 1 49131 Jb Scale: 1"=400 INK UWE, MGM ASS11G, W. CLIFF ROAD Proposed Replat w . Q /forth �y z O Q � � al (j � SOS I DOLO LANE o Q Y Assessment Area S V I � � m Z Y i O TWIN VIEW MANOR STREETS PROJECT NO. ' 2.64 49131 35 Scale: 1'=400 t0101W ANVAJK & ASSOC, INC. Agenda Information, Memo- March 14, 1980 Page Thirteen OLD BUSINESS TAX EXEMPT MORTGAGE PROGRAM A. Tax Exempt Mortgage Program - After reviewing the official documents for the Tax Exempt Mortgage Bond Issue for the Single Family Housing Project, it was discovered that language does not include . mortgage ban'.cers in the program. Therefore, it is required that an amendment be made to . the program to allow mortgage bankers to participate the same as bankers in the program. ACTION TO BE CONSIDERED ON THE MATTER: To amend the Tax Exempt Mortgage Financing Program to allow mortgage bankers as lenders in the program. Enclosed in your packet is a copy of a memorandum the City Admini- strator requested offering some background and clarification on the status of *_he tax ex mortgage bond issue that is under conside- ration. PRELIMINARY PLAT - COACHMAN LAND 'COMPANY B. Preliminary Plat for Coachman Land Co. (Request for Continuance) -- At the last . regular meeting of the City Council , the preliminary plat for Coachman Land Co. 1st Addition was continued until the March 18, 1980, meeting. On March 10, 1980, a `letter was received from Mr. Howard Rekstad, vice-president for Rosewood Corporation, requesting a continuance of this item until the April 1 , 1980, meeting. A copy of this letter is enclosed on page for your reference. I have notified Mrs . Fran Winkle', president of the :Timberline Association, so they are aware that the matter will be continued for two weeks . ACTION TO BE CONSIDERED ON THE MATTER: To continue the_ preliminary plat of Coachman Land Company Addition per the developer' s request until the April 1, 1980, meeting. y O ROSEWOOD CORPORATION March 6, 1980 1� 12 I C1 1oa 01 Mr. Tom Hedges City Administrator City of Eagan g 3795 Pilot Knob Road Eagan, MN 55122 _ Dear Mr. Hedges: On behalf of Rosewood Corporation I am requesting that the Preliminary Plat of .Coachman Land Company First Addition including the approval of the site plan for 76 quadriminium units tabled by the City Council at the March 4th meeting. for a period of two weeks, be extended for an additional two weeks. This request comes to you in light of the fact neither Mr. E. Ted Yoch, President of Rosewood Corporation nor myself will be in town at the time of the next City Council meeting, therefore would be unable present our request. Thanking you in anticipation of your willingness to cooperate with use Cordially, and L. Rekstad Vice President HLR:mis Real Estate Development•Real Estate Investment services Construction•Maintenance services•Property Management Retail Operations•Warehousing Services 2432 Prior Avenue North,P.O.Box 8302 Roseville,MN 55113,Phone:(612)6368050 1 1 Agenda Information Memo March 14, 1980 Page Fourteen APPOINTM-ENT DAKOTA_ COUNTY LEA BOARD --- - C. Appointment Dakota County Law Enforcement Association, Board - City Councilmember Parranto resigned as the City' s representative to the Dakota County Law Enforcement Association during February c 1980. At the direction of the City Council, the City Administrator placed a notice in the Dakota County Tribune, asking that any_resi dent of the City of Eagan who was interested in being appointed by the City Council to the DLEA should contact the City Admin' istra- tor' s office. Three ( 3) persons have indicated an interest and they are as follows : (1) Peter M. Klein, 1495 Lone Oak Road; (2) K.C. Haywood, Sr. , 1953 Gold Trail ; and ( 3) Dale Vo t 4115 Lexing- ton Avenue e S o. Enclosed on a es through h is a letter P g g from Mr. Klein and a letter from y ega wood r r _ ing their back ground and interest in the appointment. When Mr._ Vogt called my office, I informed him - that a letter would not be necessary since the City Council has recently had a letter for consideration on the Planning Commission and he is an appointed representive on the Assessment Review Committee at which time a letter was also reviewed by the City Council . I was planning to forward that 'let- ter; however, we are unable to locate it in our filing 'system at the time of this memorandum. For a brief background on this ap- pointment, the Dakota Law Enforcement Association (DLEA) is an association comprised of representatives of cities and towns in Dakota County and representatives from the County. It develops and provides services and equipment that would benefit or be used by law enforcement agencies in the County. Current examples of the association developed programs and equipment include the Dakota 1: Cour_ty Mobile Crime Lab and the Dakota County Training Program. Members of the DLEA consist of the Chief of Police of each partici- pating governmental unit ,in Dakota County, together with one indivi- dual who is appointed by the governing body of each governmental subdivision. The DLEA regularly meets at the Rosemount City Hall on the third Wednesday of January, April , July and October at 3 :00 p.m'. There . can be additional meetings if the City's representative is appointed to a subcommittee. ACTION TO BE CONSIDERED ON THE MATTER: To appoint an Eagan resident to the Dakota County Law Enforcement Association. v �a lei � ► 3584 Kennebec Dr. ± Eagan, Minnesota 55122 ATLAS ALARMS INC. Telephone (612) 452-7580 12 1 INTRUSION SYSTEMS + 2 \ •ULTRASONIC •VIBRATION /, ' ^QO / V •CAPACITANCE ch 4 1`9V_ •PHOTO ELECTRIC O Q 6 O •PERIMETER Mr. Thomas Hedges V Cpl HOLD-UP SYSTEMS ^b - •BUTTONS City Administrator •MONEY CLIPS City of Eagan FIRE SYSTEMS •FIXED TEMPERATURE 3795 Pilot Knob Road •RATE OF RISE Eagan, Minnesota 55122 SMOKE PROTECTION •IONIZATION - - •PHOTO-CELL Dear Mr. Hedges SERVICES LOCAL •CENTRAL Reference is made to the newspaper article in the Dakota County Tribune regarding the cities need for a representative to serve on the Dakota Law Enforcement Association. I would like to have my name submitted to the City Council for consideration as a member of this association. Below is a brief history of my background: a. Residence of Eagan since 1974, b. Own and operate Atlas Alarms, Inca located in the City of Eagan. c. Retired U.S. Army with over 20 years service. d. Former Mayor of the City of Blaine e. Member of the Eagan Lions Club and former District Governor of the Lions f. Member of the VFW and former Post Commander for two years g. Member of the Minesota Burglar/Fire Alarms Association h. Former member Blaine JC's. i. Former member of Governor Anderson's Job for Veterans Committee j. Married with three sons, one at home If there is any additional information you may desire please feel free to call me at any time. Sincerely, l �/ ~ R.C. Haywood Sr. 1953 Gold Tr. Eagan, Minnesota 55122 454-8537 COMPLETE SUPERVISED SERVICE BURGLARY - HOLD-UPP�- FIRE - SMOKE 7� Peter M. Klein 1495 Lone Oak Rd Eagan, Mir 454-47321 Mr. Thomas Hedges City Administrator 1 CA 3795 Pilot Knob Rd. Q U/ Eagan, Minn. 55122 Dear Sir: � 9 I am interested in becoming Eagan's citizen repress tative to the Dakota Law Enforcement Association. I have lived in Eagan my entire life, and I have always had an interest in the law, and police performance, in our city and county. I I have served as a law enforcement officer in Dakota County for 2 years with the Dakota County Park Rangers . I was in charge of Lebanon Hills Park which is located in Eagan. 11hen I started, Holland Park, which is part of Lebanon Hills , was not suitable for a family to use because of the abusive nature of the patrons . Within a month, families were using the park every day. Many Eagan residents complimented the Eagan Police, and myself, on the drastic change, and several letters to the Dakota County Tribune were written in our support . Although my main area of responsibility was in Eagan, I was required to patrol all the county parks which are located in West St. Paul, Hastings , Randolf, and Eagan. Because of this wide range, I have worked with 12 different police agencies . This experience has evoked insight into possible ways to deal with the problems of these agencies . The problem that I, personally, most often confronted was drugs , and I believe I could offer constructive advice to the DLEA. I am presently taking graduate courses in accounting at the University of Minnesota, and I am employed as an accountant for Thorsen, Campbell, Rolando, and Lehne, a Minneapolis public accounting firm. Every elective credit that I took at the University was in the area of crime and law enforcement. I lack only a few credits for a minor in this field. I have had the experience and education, and I believe - I would have the support of many local law enforcement officials , to become a valuable member of the Dakota Law Enforcement Association. I would appreciate the opportunity to serve on this commission. Very truly yours , Peter M. Klein Agenda Information Memo March 14, 1980 Page Fifteen DODD ROAD PETITION D. Dodd Road Petition Re: 4075 Dodd Road Property - The City Administrator' conducted a meeting on Wednesday, March 12, 1980, with residents living on Dodd Road south of Cliff Road for the purpose of attempting to resolve the neighborhood issue regarding, a business and outside storage operation at the Al Harp property described as 4785 Dodd Road. For a complete background on this matter-, please refer to a memo prepared by the City Planner found on page Vto and a report by the City Administrator found on page y7 thruT S3 ACTION TO BE CONSIDERED ON THE MATTER: To take no action on the understanding that the neighborhood is working out the problem, take action for the record approving the list of conditions and any additions the City Council may wish to impose as stated in the memorandum, ask that a conditional use permit be applied for or terminate the business operation. A TO: THOMAS L. HEDGES - CITY ADMINISTRATOR FROM: DALE C. RUNKLE - CITY PLANNER DATE: MARCH 13, 1980 RE: THE POSSIBLE APPLICATION FOR A CONDITIONAL USE PERMIT TO ALLOW A BUSINESS AND OUTSIDE STORAGE TO MR. ALLEN HARP 4785 DODD ROAD. In regards to our conversation about what proceedure the City of Eagan should follow in resolving the neighborhood dispute be- tween Mr. Edward Dubois and Mr. Allen Harp. It is my opinion that the City Staff try to resolve this matter in staff and not approach the City Council to resolve this issue through a conditional use permit. In reviewing this situation, it is my opinion as the City Planner, that Mr. Harp is in violation of the Eagan zoning ordinance and if a conditional use permit was applied for a recommendation would be made to deny this conditional use permit application. In reviewing the past applications for a conditional use permit to allow outside storage within an agricultural district, the City Staff and the. Eagan City Council have been consistent in denying these requests. Normally when an application has been submitted, the application or the conditional use which was being applied for usually involved a complaint from the surrounding property owners. The conditional use permit that Mr.. Harp would be requesting would have the same circumstances as the conditional use applications which have been applied for in the past. The City of Eagan uses zoning as a tool to separate residential development and commercial development. However, there area number of businesses and offices operating out of residential area' s. The City has not taken the approach to seek out each of these individual businesses or offices and try to make them conform to the Eagan zoning ordinance. Normally where these businesses occur are in area' s where there are large tracts of land or little development has occurred within the area. As Eagan continues to develop this issue will be raised more and more and in one point in time the City will have to take a positive step to eliminate businesses and storage in residential or agricultural area' s. If the City would approve the conditional use application for Mr. Harp, it would be inconsistent with the actions taken in the past and when additional applications of this sort are requested by an applicant, the City could be found inconsistent with actions taken in the past and determined through the courts that the City is arbitrary and the ordinance would become invalid. If you have any questions regarding my opinion on the proposed conditional use application, please feel free to contact me at anytime S e ly, Dal C. R kle City Planner MEMO TO: HONORABLE MAYOR AND CITY. COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 13, 1980 SUBJECT: DODD ROAD PETITION CONCERNING THE AL HARP PROPERTY LOCATED AT 4785 DODD ROAD _ The City Administrator conducted an informal hearing with approximately twenty to twenty-five people who reside along Dodd Road and have taken an interest in the issue concerning the operation of a business on the Al Harp property described as 4785 Dodd Road. . The City Administrator reviewed the history of the petition, how the petition was presented to the City Council, the City Coun- cil action of February 19, 1980, and what has transpired to date as a result of the City Council action. Mr. Harp was then given an opportunity to tell the group what his plans are and the efforts he has made recently to clean up his property. Mr. Ed DuBois then spoke for the petitioners, stating that a neighborhood meeting had been held on March 12, 1980, in anticipation of the City Administrator's meeting, and they were willing to present a list of condi- tions which would allow Mr. Harp to continue his commercial storage if he com- plies with the conditions. The City Planner, Mr. Dale Runkle, then reviewed the zoning, ordinance, outlining permitted uses and uses by conditional use permit within an agricultural district. He also reviewed the zoning map and future land use map so the residents in the audience would have a better understanding of the City's regulations as they pertain to zoning and land use. The meeting was then opened for. questions and answers which were moderated by the City Admi- nistrator. The City Administrator then went through, item by item, the condi- tions on the list presented by the petitioners to negotiate and resolve the issue as to whether Mr. Harp should be allowed to operate his business on Dodd Road. The following is a report on the history of the petition and the informal meeting that was held March 13, 1980: HISTORY Mr. Ed DuBois first contacted the City of Eagan during the summer of 1979, com- plaining of noise caused by the operation of a Bobcat related to Mr. Harp' s business adjacent to his property. His complaints were by telephone to the Police Department, City Administrator, City Attorney, and at least one member of the City Council. The Police Department did investigate_ the matter, and the City Administrator informed Mr. DuBois that he could file a nuisance com- plaint or ask that the ordinance be enforced with Mr. Harp if they, as neighbors, could not work out the problem. Mr. DuBois did not pursue the matter any further with the City at that time. On January 24, 1980, Mr. DuBois submitted a letter with an attached petition signed by 23 residents on Dodd Road, objecting to the business known as "Action Courts" located on five acres and described as the Al Harp property at 4785 Dodd Road. The petition reads as follows: Dodd Road Petition Memo -- Page Two We, the undersigned, are residents of Eagan, and reside in the southeastern corner along Dodd Road adjacent to Holland--Jensen Park. We call attention to the fact that we object to the type of opera- tion located at the residence of Mr. Al Harp, 4785 Dodd Road. Our complaint relates to the nature of the business on this five acre parcel which operates with undue noise levels through approximately eight months of the year. The noises are at a definite nuisance level and do occur during any given daylight hours from Sunday through Saturday each week and quite often into the night. This business also overflows into the park land above mentioned, in the form of junk cars, trucks, 55 gallon drums, sand and gravel, plus other unsightly items. Semi-trailers and tractors also make periodic stops at the above mentioned address for off-loading of various materials for this business. We recommend this business be relocated to commercial property so as to return the appearance and noise level in our neighborhood to a normal residential condition. Thank you for your prompt atten- tion to this petition. The petition was then submitted to the City Council as an Agenda item for the February 19, 1980, meeting. A copy of the official minutes are as follows: A petition from certain residents in Dodd Road south of Cliff Road regarding the operation of a business at 4785 Dodd Road was submitted by Mr. Ed DuBois of 4775 Dodd Road. He reviewed the com- plaints of the neighbors concerning the operation of Mr. Al Harp who has been operating an asphalt business from his residence for a number of years. Mr. Harp was also present, in addition to other neighboring residents, and there were claims that vehicles were stored in the Dakota County Park area, that there was excessive noise, that trucks could cause danger to children along Dodd Road, and that there was a business being operated on the site in addition to storage of commercial vehi- cles. Mr. Harp presented his views and stated that he would submit an application for a conditional use permit. Signatures on the petition represented 87% of the owners on the road in the immediate area. It was noted that there was a problem of commercial storage in an agriculturally zoned area. Mr. Harp recommended that the City staff study the issue and report back to the City Council. Egan moved, Smith seconded the motion that the petition and complaint of the neighboring owners be deferred for four weeks with the instruction that Mr. Harp and Mr. DuBois contact the City staff to determine whether the complaint can be resolved. If there is not settlement agreement with the neighboring property owners, the City Council would then instruct Mr. Harp to submit an appli- cation for a conditional use permit for the operation. All voted in favor. The City Administrator and City Planner arranged to meet Mr. Al Harp on his property on Friday, February 22, 1980, to make an on—site inspection of the business and commercial storage as addressed in the petition. The City Admini- strator and City Planner observed a number of barrels, two or three old trucks,. ,two old cars and small equipment stored on the property. There was also a gaso- line pump located on the property. Mr. Harp is presently adding on to his home and plans to provide for a larger office for his business operation. Presently, Mr. Harp has a small office between his garage and home which is independent from his living quarters. On February 25, 1980, the City Administrator received a letter from Mr. Ed DuBois, with a copy sent to Mayor Blomquist, that reads as follows: Since the February 19 City Council meeting, I've reviewed the proceedings and results with all the individuals who signed this neighborhood document. Everyone intends to take a very firm stand and we are more strongly united now than before the meeting. Mr. Harp, during the meeting, was caught by us in statements simply not true. For instance: a) His reference to only three employees on his books. Bear in mind he has many subcontractors reporting to his home who really are employees (indirectly) and look to him for direction, etc. b) He does have, during the warm months, a clerk secretary bookkeeper type person working daily in his home office. His wife may be doing it now but we know of two women who were employed full time as secretaries. c) His foreman (rents) lives Dodd Road Petition Memo -- Page Three in a house located directly across from me owned by Mr. Harp. d) The Semi-trailers are not visiting Montana relatives all the time but instead about 75% of the time are involved with the industrial end of this business. Perhaps a "railroad spur" is intended as a next step by him to gain shipping access to 4785 Dodd Road. e) The 2000 gallon gasoline storage tank is of immense concern! Upon checking with "Texaco" we learned: 1) The tank was purchased from a junk dealer on Highway #3 near Lee-Ann's Liquors. The tank was old and Mr. Harp had to clean it up. 2) Mr. Harp and a previous employee dug the hole and trench with a borrowed "back-hoe machine". 3) Mr. Harp bought the pump from V. C N. Oil, Rosemount, Mr. Paul Vorwick owner. The pump is controlled electrically from his home office. f) The "Action Courts Inc." office is located as a separate unit in Mr. Harp's garage with separate access. g) Mr. Harp's "bobcat" is used extensively for this industrial business by his employees. It does not have roll bars which is contrary to OSHA regulations and subject to a heavy fine. h) The pole barn petition he has was signed four years ago because we had no idea at that time what Mr. Harp's intent was. At that time he also had a horse and cattle on his property. Consider our approval to that "Null 6 Void". None of the families intend to negotiate with Mr. Harp. We want this industrial business removed to a proper site and cleaned up immediately (gas pump and tank removed). We speak as one and everyone appreciates the complete efforts of Mr. DuBois but no one feels he should negotiate with Mr. Harp. Why? There is nothing to negotiate and we know the slightest "loop-hole" would enable Mr. Harp to once again expand. Please pass this information on the City Council members and Mayor. Thank you, Ed DuBois. P.S. Further to e) above we have learned from the State Fire Marshall's office: 1) Approval and permission is required prior to installation of underground gasoline storage facilities. We doubt this procedure was followed and believe that the installation is in violation. 2) His tank, as we understand, has a 2.,000 gallon capacity. One gallon of gasoline is equivalent to 14 sticks of dynamite. This means we are daily confronted with the possibilty of explosion with a force of 28,000 sticks of dynamite. 3) The Eagan Fire Marshall should be contacted immediately for prompt inspection and removal. 4) This gasoline could be leaking into the well water systems which all of us have. Copies were sent to the neighbors and Mayor Blomquist. Upon receipt of this letter, the City Administrator was reluctant to proceed with a meeting with the property owners as directed by the City Council. How- ever, in the days to follow, letters were received from petitioners on Dodd Road who asked that their names be removed from the petition; and upon receiving telephone calls from other petitioners who did not agree with the aforementioned letter and who said they did not have any participation in writing it, it was apparent that a meeting with the neighbors would be appropriate. Several tele- phone calls were then received from petitioners asking for a meeting in an effort to resolve the issue concerning Mr. Harp's business operation. The reason at 'least three property owners removed their names from the petition was that they did not agree with the statements that were made by Mr. DuBois at the City Coun- cil meeting and/or in letters he had written to the City and therefore wanted their names removed from the petition. These people are Mr. and Mrs. Harold Wilkinson and Mr. and Mrs. Larry Berhow. These letters were received on March 3 and March 4, the same day as I received telephone calls from other residents looted on Dodd Road regarding the matter. The City Administrator then sent out a letter to all Dodd Road petitioners dated March 7, 1980, and setting a meeting for Wednesday, March 12, 1980, at 4:30 p.m. to discuss the petition. The following is an account of comments that were made by Mr. Al Harp and Mr. Ed DuBois regarding the issue: Dodd Road Petition Memo -- Page Four - COMMENTS BY AL HARP Mr. Harp indicated that his business at 4785 Dodd Road is only a commercial storage, that all his work is performed away from his property. He only parks trucks and loads trucks on his property. He admitted that his bobcat is noisy and has caused a noise problem for Mr. DuBois and one or two other neighbors. He also stated that he has permission from Chuck Lowry, Dakota County Park Direc- tor, to use the park for a part of his commercial storage. I have checked with the Dakota County Park Director and that is an accurate statement. The park has used Mr. Harp's property for access and in turn has granted him permission to utilize the park for storage. They have monitored his operation and deter- mined that there is no toxic waste or infiltration and therefore the storage has been permissible. Mr. Harp indicated that he does have a gas pump that he carefully monitors, stating there is no leakage. He has drawn up legal plans and submitted them to the State Fire Marshall this past week and it was agreed upon with the City's Fire Marshall that an air pressure test would be made on the gas pump to determine that it is safe and complies with all State regula- tions. The gas pump was installed prior to the City monitoring this type of installation. Mr. Harp indicated that he is planning to plant a number of trees on his property that would shield his storage and he would also like to construct a pole barn to move all the open storage into an enclosed area. He also ex- pressed his willingness to work out any agreement with the neighbors that would allow him to continue his commercial storage on the property. He also indicated that he has moved the silica sand storage to another location and has discon- tinued his snow removal business, so the operation is more limited and is only active between the months of May and November. There is no mixing on his pro- perty. All solutions are prepared on site for asphalt projects. He also stated that he does not plan any future expansion of commercial storage; only that he would appreciate some type of permit to allow a pole building for storage purposes. COMMENTS BY ED DUBOIS Mr. Ed DuBois stated that a neighborhood meeting was held on March 11, 1980, and wanted to specifically make a point that the neighbors are certainly not trying to drive Mr. Harp's family out of the neighborhood; they only want to minimize the inconvenience caused by his commercial business storage so that they too may enjoy the neighborhood. He listed nine (9) concerns that were discussed at the neighborhood meeting. They are as follows: 1) No weekend business related to activity outdoors, which includes holidays. 2) An eight hour normal day (8 to 5), five days a week (Monday through Friday), with clerical help only. 3) No employees working on property doing manual labor. 4) Absolutely no machinery in operation, either loading or unloading trucks or mixing of materials. This specifically includes the bobcat. 5) We request proof of gas storage installation, inspection, and approval by State Fire Marshall. 6) No hazardous products stored on the property, which includes silica dust and asbestos fiber type product. 7) General clean up of property to remove all items not necessary to normal residential area and to cease placement of various paraphernalia into neighbor's yard. 8) Absolutely no Semis in area for business related activities. 9) Completely decease harassment of neighbors. Dodd Road Petition Memo -- Page Five Mr. DuBois stated that - noise is the single and most important concern that all the neighbors have. He was also concerned about property value if some measures are not taken to either move the business or clean up the commercial storage. Mr. DuBois then showed pictures to the audience, the same that were presented to the City Council. COMMENTS BY THE CITY PLANNER City Planner Runkle reviewed the zoning map and" land use plan. He stated that it has been the policy of the City of Eagan to not voluntarily terminate business operations in agricultural or residential areas throughout the City; however, to begin a phasing out program over a period of time where all businesses would eventually be moved to commercial and industrial zoned classifications. This normally works if the neighborhood has no objections and can agree to certain terms for the phasing out of the business. He stated that the City is reluctant to proceed with a conditional use permit application due to the fact once a conditional use permit application is granted for one business, the precedence is established for many others. He stated that it is better for the City to either enforce the ordinance which means the business would be terminated or that the neighbors work out the differences in a satisfactory manner. If at some later date the business should cause problems, the neighbors always have the right to again come before the City Council and ask that the business be terminated. The City Planner reviewed the agricultural district, stating that most of the homes located on Dodd Road south of County Road 32 are five acre parcels and there are several businesses such as a rubish hauling business, raising and selling of horses, the raising and sale of cattle, and other related uses. He stated that the conditions of this neighborhood are somewhat different from those areas that are zoned residential and more densely developed. SUMMARY AND RESOLUTION BY THE NEIGHBORHOOD After listening to comments by Mr. Harp and Mr. DuBois and the City Planner, the City Administrator discussed with the neighbors present and Mr. Harp the nine points that were presented by Mr. DuBois. Each point was carefully reviewed in detail and all persons present agreed that Mr. Harp could continue his com- mercial storage if the following points were adheared to by Mr. Harp: 1. There is to be no business related activities conducted by Mr. Harp on the weekends or holidays. 2. A nine hour day (7-5), five days a week (Monday through Friday), is acceptable on the condition that work performed would relate specifically to the loading and unloading of trucks. Also clerical help for the office is acceptable. 3. Employees are allowed to perform manual labor as long as it relates to 2 above (the loading and unloading of trucks). 4. All loading and unloading of trucks - must be performed inside a pole storage facility as approved by the City of Eagan. The bobcat would not be allowed to operate due to its high noise level. There would be no mixing of materials allowed on the property. • r Dodd Road Petition Memo -- Page Six 5,_= The gas-,pump can remain only upon proof of storage installation inspection and approval by the State and City Fire Marshall. 6. No silica sand is allowed to be stored on the property. Barrels containing paint fiber for color coating .tennis courts, tracks and other related facilities can be stored if they comply with government standards as safe for outdoor use. Mr. Harp did indicate that the paint is kept in plastic bags and never opened on his property. They are mixed at the site of the job. 7. General cleanup of the property must be acceptable to the neigh- bors and City staff. 8. Semis are allowed to make five (5) trips per year into Mr. Harp' s property for purposes of unloading the barrels to be stored on his property that are required for his business. The meeting lasted approximately two hours, the neighbors all agreed, including Mr. Harp and Mr. DuBois, to the above eight points. The two most important issues are (1) Noise, and (2) Open Storage. By not allowing the bobcat to operate, the problem of noise is significantly reduced if not eliminated. By allowing a pole barn storage to be constructed with all loading and unloading and storage operations being confined to this building, the problems of open storage are now significantly reduced. The neighbors agreed that if Mr. Harp is willing to abide by the points listed above, they have no objections to al- lowing him to continue operating an office and storage of materials for his business on his property. Mr. Harp has conducted this business for approximately ten to twelve years, and it is apparent that the increasing noise problem has been the most severe problem to the adjacent neighbors and is the single most important reason why the petition was presented to the City at this time. The neighbors feel they cannot tolerate another construction season with the noise caused by the bobcat and want a restriction placed on the storage. ACTION TO BE CONSIDERED The City Council has one of three alternatives to address this issue: 1. Enforce the ordinance and terminate Mr. Harp's business. More ,than likely Mr. Harp would take this matter to court and it appears this is no longer the wish of the people residing on Dodd Road if the above points are adheared to by Mr. Harp. 2. Ask that Mr. Harp apply for a conditional use permit and go through a public hearing before the Planning Commission and City Council. Com- mercial storage is a permitted conditional use within an agricul- tural zoned district. The problem with this procedure is that the City staff would have to recommend denial due to the fact that conditional use permit, if approved, would create a precedence that would be very difficult for the City to live with as they begin their phasing out period within residential and agricultural neighborhoods. 3. To take no action and recognize that the neighborhood has resolved the problem per the above eight points; however, if those points are violated, Mr. Harp would then be required , to make application for conditional use permit which could lead to allowing his business to continue under some Dodd Road Petition Memo -- Page Seven rather stringent controls or that his business be terminated from that location. During our phasing out of businesses throughout the City, the neighborhood would monitor the situation, and if Mr. Harp can work with the neighbors, he would be allowed to continue until some point in time when it would have to be termi- nated as the area became more residential. WO MOB City Administrator S3 Agenda- Information Memo March 14, 1980 Page Sixteen ICE ARENA PROPOSAL E. Ice Arena. Proposal -- The Eagan Ice Arena Committee is planning. to make a presentation to the City Council at the meeting on Tues- day. _ Basically, the committee is asking for support and endorsement from the Eagan City Council for their project. As you recall at the meeting held at Easter Lutheran Church on February 28, 1980, the Committee is also asking that consideration be given by the City to provide a site on the 40 acre tract of land for the ice area facility, consideration for site preparation, a parking- Jot with lights and ' sewer and water installation. The. City Admini- strator has met with Mr. ; Lynn Keefer on several occasions since the meeting at Easter Lutheran Church to discuss the project in detail. Mr. Keefer - is responsible for management and organization for the Ice Arena Committee, and I might add is doing one excep- tional job. If the City Council should agree to endorse the project there should be conditions attached such as : 1. Land will be proveded for the Ice Arena facility if an adequate financial commitment is pledged for the construction of the facility. e 2. The City of Eagan will provide sewer and water instal- lation for the facility. 3. The Ice Arena Committee should submit its plans with an exterior of the ice arena and for the site for review and comment by the City prior to any final plans and specifications are drafted.° It should also be understood that the building must be planned to allow expansion for the future for other community center needs such as Park Department office, swimming pool or other types of uses . 4. You may wish to consider a parking lot lighting site CO preparation for the project. 5. Conditions as outlined by the City and agreed to by the County for the library facility should also be discussed and considered before a detailed commitment is made to the Ice Arena Committee. This could come after an endorsement Tuesday evening if the City Council, wishes to endorse the project. The City Council may want to be assured that-the Ice Arena Committee will be able to meet interim cash flow needs once the pledges are committed for the project. Some pledges may be committed for a -- one to five year collection;- however, all construction payments will be required in 1980 if the facility is completed in the fall of this year. Mr. Keefer is aware of this matter and will address it at the 'meeting on Tuesday. Agenda Information Memo March 14, 1980 Page' Seventeen _ -_ Since there seem to be some legal questions regarding a non-profit corporation constructing on . City property, the City Administrator asked _the City Attorney to prepare some general comments regarding " the proposed ice arena facility. This memo is enclosed on pages through 157 for your information. ' Mr. 'Keefer stated that his committee is in the . process of preparing a second report for the City Council ; however, it will not be completed until Monday. A copy of this report will be distributed to each member of the City Council late on Monday for your review. Since there was some question regarding revenue and expenses for the Bloomington Ice Arena, I asked the Director of Finance to review the information provided by the Ice Arena Committee and City Administrator with an appropriate official from Bloomington for a report to the City Council . His ` comments are enclosed on pages SZ through Q . The long and short of his findings is that it appears that the City Administrator was using financial information from one fiscl year while the committee was using financial data from a different fiscal year. It appears the Ice Arena Committee has gained' considerable momentum in the community, many people are becoming involved as a part of the organization, committing pledges and endorsing the project. Mr. , reefer is confident that money can be raised to build some type of ice arena facility. It may be a" $600,000 facility , with capability of expansion in the future or a more complete facility up to the $1 ,500,000 proposal the Ice Arena Committee is suggesting. ACTION TO BE CONSIDERED ON THE MATTER: To endorse or not endorse the Eagan Ice Arena Committee and either provide conditions with the endorsement or two separate motions that would: ( 1 ) provide for an endorsement in the first motion, (2) the second motion would direct the City Administrator and City Attorney to prepare an agree- ment outlining certain conditions such as providing land, sewer and water installation, etc. PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN(ST.PAUL),MINNESOTA 55122 PAUL H. HAUGE March 13, 1980 --_BRADLEY SMITH _. —_—__ __AREA CODE 612 KEVIN W. EIDE TELEPHONE 454-4224 Mr. Tom Hedges, _City_Administrator City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 Re: Ice Arena Dear Tom: You have asked that I outline some of the issues that we spoke about on March 6 with Pat Leahy and Lyn Kiefer of the Eagan Ice Arena Committee. 1. The question of whether the City could permit the ice arena to be built on City property was discussed. I have not had a chance to research the issue but it appears that the City would probably own the facility if it is placed on City property. 2. It is my understanding that the committee intends to incorporate as a nonprofit corporation but it would not have any ability to sustain itself if the income from the facility is not adequate to pay the expenses. In that case, I assume the City would be forced to takeover the facility and operate it at the City's cost. 3. I understand that the City Council is considering using City funds to furnish sewer and water service to the building and this issue should be looked at more carefully. The propriety of this donation depends on who would own the facility, the City or a nonprofit corporation. 4. The liability of the City for accidents during construction should be addressed during the contract stage. 5. Liability of the City for accidents after the facility is open is an issue of further concern. 6. The City should be involved in the construction process in any event including a) site location; b) whether title to the land would be transferred; c) approval of architectural plans; d) construction and payment for parking; access roadway, etc. ; e) maintenance of the grounds, driveway, parking, etc. ; f) the City may also be the contracting party; g) the furnishing of electrical and water, etc. , during construction should be considered. 7. The agreement with the corporation should spell out specific information about the continuance of operation and provisions for default such as inability to. pay necessary expenses. _ Mr. Hedges March 13, 1980 Page -Two 8. The use of the facility by City related groups may be an issue for review. There are other technical issues that the Council may want to address. I have not had a- chance to research some of the items and would not do so until the`Council gave direction on what type of arrangements it would desire with the committee if it approved the location of an ice arena on City property. very truly yours, kPAUT,.,H.ff HAUGE & SOCIATES, P.A. l H. Hauge skk MEMO TO: CITY ADMINISTRATOR HEDGES ----FROM: FINANCE DIRECTOR VAN OVERBEKE DATE: MARCH 11, 1980 SUBJECT: ICE ARENA ° At your request I have discussed the ice arena financial state- ments and projections with a member of the Bloomington finance department. The primary difference between the numbers in your memo to the council dated February 26, 1980, and the Hockey Boosters ' report is the difference in years. The numbers in your memo are 1978 audited figures while the report contains unaudited expenditures through December 31, 1979 and unaudited revenues through November 30, 1979 , apparently projected to year end. My attachments show the 1978 audited figures and more finalized 1979 figures. Another obvious difference is the use of property tax as a source of operating funds in the Boosters' report. This should be more correctly reflected as a subsidy from the General Fund. Other considerations are depreciation and debt service payments. One can look at these in a number„of ways, however, it should be done consistently. A final item to consider would be the administrative and support costs that are paid for from the General Fund even with Bloomington's sophisticated accounting system. Respectfully submitted, O Fin ce Director 19� 9 '19 1 wa 1- _: i _ - I 4 4 5 J 7 � e- ci `f.4,�0_a _ -- - - --- y.69.85. 7 9 ��or�T ► ow.2 - ` Loss # � a53(o,5� 11 Nom !..CZ -40A 12 0 R 12 I 13 I c :; 14 E �� ? h 5 e. -_---__-_ � � - 14 15f.l7_ _-S-QYV �_�_e�rttie } I ---- _ y l 3 —� —_3 g o9- .-15 16 I i ti 17 .1Ve. _ �� ovrc _ _1 Loss ,6(. 303> 1 .3c�68. n ! 1i 19 1 i 19 I – - i • I I 20 26 - - 21 n� I I _ 1 1 � 22 V J -t 22 23 I - � - •• � 23 24 t 9'79 F, ,<<�<s -- - QrC v �o✓ _ o a _. 24 15 25 26 LO N�..n.�frs QS - 6�OvJ✓ti.- _ ... � .. v1� w.D "}0. h� LaK eel • 26 21 j I 27 28 O - i I 2 29 9 30 I 30 - --- -_. 31 - - - -- ------ 31 31 31 u 33 I 34 34 35 35 r 36 36 J7 31 39 J-- - 39 I i 3< 1 40 --- ,e IL 0 4 1 Q e v n �t 2 2 3 - 3 0 a 6 _5 VIA i� 1 Irs��k� .:.•rs :`{ 1,.9,1� -- -- - --- -_. � _ . - 6 10 L4 10 ' r i 11 _ oia - 12 13 - i 3 1 - - 14 -- --- -- - - -- - -- a _ Y t r 15 err\�e t --- - 16 Sa�aVrre 1 3. - a t] M - o v`a vac 16 I b875 _ .. _ =h1.1 vet nt ------ - �- - t - - 1 8 1 i za Ot� 4 --- 21 (llds� fF-o Sae I 1 8 S 18 r - - T— t _ . _ . -- evJ��4b 11 21 - -e S'S io.1ol S _: � � 9.Oy 0• 23 ��•S� • „Qr�e4K5 ;121 b9 23 24 5 2 25 - 2 26 26 - t 27 21 28 -- - -- _ I 19 30 , 3D 31 I 4 - - - t -- - ± -- 31 32 -t 33 34 ----- - i 11 - - - 35 35 36 I 37 -- - - -;r - - t - - - -- -- - 7 3 38 1 - - - - r — - 31 39 -- - --- �- -- -- L- - - - -_ 40 ! f Agenda Information Memo March 14, 1980 t Page Eighteen NEW BUSINESS PRELIMINARY PLAT - BICENTENNIAL 5TH ADDITION - - A. Vernon R. Colon for Preliminary- Plat Approval of Bicentennial " 5th Addition and Detailed Site Plan Approval of an Office Building Located in the NE'k ofthe NE'k of Section 16 (Request for Continuance) At the last Advisory Planning Commission meeting held on February 26, 1980, a public hearing was held and a recommendation made by , the APC to approve the preliminary plat and detailed site plan as described to the City Council . Mr. Martin Colon has asked for continuance of this item until the April 1 , 1980, meeting; and therefore, a copy of the City Planner' s report was not included as a part of this packet but will be included in 'the informational packet for the 4-1-80 meeting. E. PRELIMINARY PLAT - MARDELANN ADDITION B. Frank J. Hasselman for Preliminary Plat Approval of Mardelann Addition located on Part of Government Lots 2 and 3, Section 17 _- A public hearing was held at the Advisory Planning Commission meeting of February 27, 1980, to consider a preliminary plat enti- tled 'Mardelann Addition which consists of approximately 20 acres and contains two lots and one out-lot . The recommendation of the APC was to approve the preliminary plat per conditions as outlined in the APC minutes. For additional information on the matter, please refer. to the City Planner's report, a copy is enclosed on I pages �,2 through for your reference For a report on the action t at was ta:�en y the APC, . please refer to a copy of their minutes . ACTION TO BE CONSIDERED ON THE MATTER:` To either approve or deny the recommendation of the APC to approve the preliminary plat for Mardelann Addition. CITY OF EAGAN SUBJECT: PRELIMINARY PLAT APPLICANT: MR. FRANK J. HASSELMAN LOCATION: PART OF GOVERNMENT LOTS 2 & 3 SECTION 17;_ LYING NORTH OF BLACKHAWK ROAD AND WEST OF HIGHWAY 13 EXISTING ZONING: I-1 (LIMITED INDUSTRIAL DISTRICT) DATE OF PUBLIC HEARING: FEBRUARY 27, 1980 DATE OF REPORT: FEBRUARY 21, 1980 REPORTED BY: DALE C. RUNKLE - CITY PLANNER Application Submitted: An application has been submitted for a preliminary plat, Mardelann Addition, which consists of approximately 20 acres and contains two lots and one outlot. Comments: 1. Mr. Hasselman of LeHass Corporation, is presently requesting Industrial Revenue Bonds from the City of Eagan. According to the requirements of the I.R. Bonds, all planning concerns must be completed prior to issuance of the bond. Presently Mr. Hasselman has one building on a 20 acre unplatted parcel and is presently requesting to build another structure. To come into conformance of Ordinance #52, he is required to plat the 20 acre parcel. The new structure Mr. Hasselman is proposing would be located on lot l block 1. The LeHass Corpor- ation would be located on lot 2 block 1 and outlot A7is the remainder of the parcel, which Mr. Hasselman does not have future plans for at this time. 2. The proposed plat would contain two lots and one outlot. Lot l contains 2.1 acres, lot 2 - 2.58 acres and outlot �A' contains 15.45 acres. Site Plan Review: 1. Lot 1 block 1 contains 2.1 acres, the proposed building would contain approx- imately 32,300 square feet for a 34.9% lot coverage. The proposed building would consist of only warehouse usage and the parking requirement for this facility would be 46 stalls. 2. The proposed building meets all setback requirements. 3. The rear of the property is proposed to have security fencing. The interior portion of this fencing is proposed to have a crushed limestone surface. The 'appli- cant is proposing 20 foot green area along Blackhawk Road and berming of 6 feet with vegetation to provide screening plus landscaping. MR. FRANK i. HASS7---'AAN FErFiARY 21, 1980 PAGE TWO If approved, the site plan and plat should be subject to the following conditions: 1. Blackhawk Road should be shown on the final plat. 2. All easements shall be dedicated as required by the City Staff. 3. There should be no storage on the side of the building which faces Blackhawk Road. 4. A $2,000 landscape bond shall be required and not released until one year after the landscaping has been completed. 5. The crushed limestone area in the rear. shall also be treated with some dust control material c9� 6. The parking area shall be blacktopped and concrete curbing around the perimeter. 7. There is one access provided to this parcel from the other LeHass lot, a cross easement should be provided for joint traffic use. 8. If any office space is provided, additional parking shall have to be approved by the City. 9. Blackhawk Road should be extended to the end of lot 1 block 1 of this addition. Engineering Recommendations: 10 Incorporate Blackhawk Road half right-of-way within the platting description. �l An erosion control plan must be submitted and approved prior to final plat application. w The developer should agree to install additional medians if the City feel the need is warranted in the future. tai = -_-- MEMO TO: -AADIVSORY PLANNING COMMISSION c/o DALE C. RUNKLE - CITY PLANNER FROM: THOMAS A. COLBERT - DIRECTOR OF PUBLIC WORKS DATE: FEBRUARY 22, 1980 RE: PRELIMINARY PLAT - MARDELANN ADDITION (FRANK J. HASSELMAN) The Engineering Division has the following comments to offer in regards to the above referenced proposed plat: UTILITIES: Sanitary sewer and water main of sufficient size and depth are immediately available in Blackhawk Road to service this proposed plat. STREETS: The existing portion of Blackhawk Road is not improved along the entire frontage of this proposed plat. It should be required of this developer to either install Blackhawk Road to the City standard or petition the City for its improvement at least to the extent of its northwest property line. EASEMENTS AND RIGHTS-OF-WAY: - - Appropriate easements for Blackhawk Road have been previously dedicated by way of a deed conveyance. It is recommended that this right-of-way be incor- porated with this plat. Ten foot drainage and utility easements shall be installed adjacent to all public right-of-way. GRADING AND DRAINAGE: The proposed grading plan follows the general contours of the existing topography to put the surface drainage to the north and south (Blackhawk Road). An erosion control plan should be submitted and approved by the City prior to final plat approval. I will be able to discuss these items in further detail at the Planning Commission meeting of February 27, 1980. Respectf submitted, /f` Thomas A. Colbert, P.E. Director of Public Works TAC/jlr :; �< : 1 • � r ' = At IN r ' ' • yp _ • ! - � moo, � I, r 3 c 1 61-3 eW IF f_ < ' •z iii ..i.. � ✓' //. w .. - U Q 5 °' =c a <s � •� � V"\ N 2�. �\ -4 CO Z Q _ Cri Lli C: LLJ .0002 It .90 got Q� - 11a_ ". — i� Q... In in 8 I 8 N N N In - — �� 3/ "^°yJ1-?gig b aKr cc>c LLE51DE mso, I i CL i 70 11 t Y �- �f+ r � r I 1 Hyyy--T3 E 1-23-CO 2.6 d4 _. _ f l�i.Irv- SM GRAZE: -� EJC"J V "�Vf VJl F►LJ�ti.1 M V r c t _I _���'1E ��r4N - �n BBC _ - . �� �/, rte' `\ �•. �} � \\ \\` a;ti, .\`,`\'S�,L4"�' , / '� �� T�A r r ` '•l. em'i'r i R0 V j a OL QN L CK R $: r .J Y < T :. . I T R .E. .j :.. 4 III Ht3V t�-y ' ,:tT'y7 � �i� f t:cF �+,ft'ftr � A 1. f�IIII I rdtr w(liCi{r\�R; +i "V c IT PR M Am . tom►. .:-:-:-: :•:- . . . .. . . . . .._ ........ , , Agenda Information Memo March 14, 1980 Page Nineteen PILOT KNOB ESTATES -- REZONING AND PRELIMINARY PLAT C. Pilot Knob Estates, Inc. , for Rezoning from A (Agricultural) to R-1 (Residential Single Disteict) and Preliminary Plat Approval of Walden heights -- A public hearing was held before the Advisory Planning Commission at their February 27 , 1980 'meeting to 'consider applica_ions for a rezoning from. A to R-1 and a preliminary plat entitled Walden Heights. The applications were presented by Pilot- Knob Estates , Inc. , in the name of Mike Gair.. The APC is recom- mending approval . of both applications to the City Council per condi- tions outlined in their minutes . For additional, information on the matter, please refer to the City Planner and Director of Public Works ' comments on pages through For the action taken by the APC, please refer t-o t ose minutes . ACTION TO BE CONSIDERED ON THE MATTER: To 'either approve or deny the recommendation of the Advisory Planning Commission to approve the rezoning and preliminary plat for .Walden Heights . l�8 CITY OF EAGAN SUBJECT:---__. REZONING-AND PRELIMINARY PLAT APPLICANT: PILOT KNOB ESTATES INCORPORATED, MIKE GAIR- LOCATION: NE k OF SECTION 33 EXISTING ZONING: A (AGRICULTURAL) DATE OF PUBLIC HEARING: FEBRUARY 27, 1980 DATE OF REPORT: FEBRUARY 21, 1980 REPORTED BY: DALE C. RUNKLE - CITY PLANNER Application Submitted: The first application is a request to rezone approximately 46 acres from A (Agricul- tural) to R-1 (Residential Single District). The second application submitted is a request for a preliminary plat, Walden Heights, which consists of approximately 46 acres and will contain 40 single family lots and one outlot. The outlot is Phase II of the proposed project. Comments: 1. The applicant is proposing to develop Phase I this construction season. Phase I consists of 40 single family lots and the park dedication for the entire development. Phase II which is outlot T will not be developed until utilities are available to the site. 2. The proposed development appears to be well designed and conforms to the topography. The plat is also providing continuity by providing stub streets to the surrounding properties. Walden Drive should be renamed to either Walden Circle or Walden Court, because it is a cul-de-sac street. The cul-de-sac exceeds the 500 foot length require- nent `and would have to be granted a 50 foot variance. 3. All lots exceed the 12,000 square foot requirement, there may be one or two lots which do not meet the 85 foot width requirement, ,at the 30 foot setback line. The lot lines should be looked at carefully, and adjusted to an 85 foot width at the time of final plat. Phase I will contain 23.8 acres and Phase II, which is outlotrA;will contain 22.8 acres. 4. The proposed development is consistent with land uses proposed in the Comprehensive Plan. If approved, the plat should be subject to the following conditions: 1. Lots 1 and 3 of block 1 shall have restricted access onto Cliff Road. 2. The proposed plat abuts the County Road, therefore it is subject to the Dakota County Plat Commissions recommendations. F L; f::;:�� ESTA77ES INC.-WALDEN HEIGHTS FEERUAF.'= 21, 1980 PAGE TWO 3. All required easements shall be dedicated to the City of Eagan. 4. A ten foot trailway shall be provided to the park along the west side of lot 12 block 2, and an 8 foot bitumi.nious surfacing shall be constructed from Thomas Lane to the park. ° 05. A 50 foot variance should be granted for the overlength cul-de-sac. ' Note: The APC may want to consider the blanket variance for this proposed sub- division, due to the topography and trees. The blanket variance would allow a 10 foot setback deviation. Engineering Recommendations: '-1. 75 foot half right-of-way must be dedicated for Cliff Road. *)2. An erosion control plan must be submitted prior to final plat application. -� The developer shall grade the entire park property within this plat to the �1 approved elevations as determined by Staff. \4. The developer shall install a ten foot bituminous trailway immediately adjacent to its north line, within the County right-of-way or escrow and equiv- alent amount for its future construction_' '5. This plat must receive preliminary approval from Dakota County Highway Department prior to_final plat application. *1D MEMO TO: ADVISORY PLANNING COMMISSION c/o DALE C.'RUNKLE CITY PLANNER FROM: TH014AS A. COLBERT - DIRECTOR OF PUBLIC WORKS DATE:, FEBRUARY 22, 1980 RE PRELIMINARY PLAT - WALDEN HEIGHTS (PILOT KNOB ESTATES INC. ) Engineering Division has the following comments to make in regards to the above referenced proposed plat: UTILITIES: Trunk sanitary sewer and water main have recently been installed along the south side of Cliff Road of sufficient size and depth to handle this proposed Phase I development. STREETS: Access to this proposed plat will be by way of County Road 32 (Cliff Road). The developer has revised his plat to eliminate a cul-de-sac at the Staff's request. Because of the existing difficult terrain, Walden Drive cul-de-sac is a necessity to properly service the central portion of this plat. GRADING AND DRAINAGE: This proposed plat is generally located on the western side slope of a 60-70 foot differential in topography. All drainage will naturally flow towards the west into an existing low lying area that in the future will be connected to our Master Storm Sewer Plan. That portion of the force main from this pond through this plat will have to be installed at the time of this development. Major portion of the grading for this development will occur in the northern half of the Phase I 20 acre proposal. This grading will vary from cuts of 23 feet to fills of 11 feet. Because of the extensive grading required and the existing topography of the site, it will be necessary to have an extensive erosion control program initiated during the development of this parcel. The maximum street grade proposed is located on Thomas Lane at an 8% maximum,which is within the City standards. The developer will be grading the park property to the' extent of leaving a 2-1 slope on the western boundary of this plat. It is strongly recommended that the developer actively persue an agreement with the adjacent property owner immediately to the west for construction easements to complete the grading operations for that portion of the park property located within this plat. The developer, despite the rugged topography, will be required to perform the neces- sary grading within the entire dedicated right=of-way for the streets in this plat. EASEMENTS AND RIGHTS-OF-WAY: A 75 foot half right-of-way will have to be dedicated for Cliff Road. Additional internal utility easements will be required upon the final design determination of the utility layout. WALDEN =EIGHT: FEBRUARY 22, 1930 PAGE TWO I will be available to discuss these items in further detail at the Planning Commission meeting of February 27, 1980. I Respectfully submitted, Cmas A. Colbert, P.E. Director of Public Works TAC/jrl \.�'� , \ � \ !/ L 3 i.:tip- •r.�. � -�`•'_s' •� _ � t �\ �J i\ �, ,' .; •� y\�..-. , 1111. --�, `� 4. 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'. if -. ,�;� r.wl •-jJ•,,i1 J �)_rli�'�/•) `/) •) 1J JI��J1� 1J,,1c�?`�d'+,����, ��� ..�.1 '-'.,'�- /- .�a��-`�•+�"�_=•�'f?�����i: / .►� '`�.� �� '++lJ J �. `�•• ! .'.:� �� Ltd !<'�7�y� � �:1 - ,�•• Y '= 't• �' i �^^ ` "'w.1 ''+CJJ 'J,•?�•t•t `S y�'.r�,l.i�rj'�i/,rZ,.:t�';.)'lJ ��,�•'� ,�'/�• �" �'". ? �}�i i ✓ti12�tY1.7t1,�'^ •^?'.11�^ i r U • Agenda Information Memo March 14 1980 Page Twenty -- OTHEP.--BUSINESS HOME FOR BATTERED WOMEN A. Home for Battered Women - Request to Change Conditional Use to Include 18-20 Persons Including 'Staf f The City Council ap- proved a special _permit to allow for a Battered Women Shelter loca- ted on a two and a half acre site south of Cedar Avenue and north of Kings Road at a meeting held on February 6 , : 1979 . The special permit had eight different conditions.; one of the conditions number five., reads as follows : "No more than twelve `( 12) persons , inclu- ding supervisory personnel , shall be permitted on the premises. ` at any one time." Because of the need for the battered women shel- ter, additional bedrooms and facilities have been constructed and the, organization is requesting that condition number five be amended to include eighteen to twenty persons instead of twelve as origi- nally stated in the approval . Evidently, they have experienced an overflow of people within the last several weeks , numbering approximately eighteen to twenty, and they feel they can adequately house this . number` of people with their operation. If the- City Council desires to expand the number of persons for the shelter, it should be conditional to the City Planner requiring additional parking adequate for the staff and women using the shelter, and second the building inspector' s assurance that the facility is adeeuate for housing that many persons for use as a public facility. ACTION TO BE CONSIDERED ON THE MATTER: To ei*her approve or deny the request to expand the number of -persons to eighteen to twenty for the Battered Women Shelter upon condition that the City Planner review the parking and the building inspector establish a -number permissible under the code for such a public facility. IMPROVEMENT 80-9 B. Approve Plans & Specifications & Order Advertising for Bids for Imp. 80-9 -- A petition for this improvement was received ;)by the City Council on January 15 , 1980, with the public. hearing being held or February 19, 1980, As a 'result of the public hearing for Project #300, Imp. #80-9 was ordered for installation by the City Council at the same February 19 , 1980, City Council meeting. These plans and specifications have been prepared and are ready for ad- vertisement for bids . The reason this item is not a part, of the Consent. Agenda is that it should not appear that, plans -and specifi- cations are automatically approved by the City Council . You may wish to review certain aspects of them from time to time. ACTION TO BE CONSIDERED ON THE MATTER: To approve the plans and specifications for Imp. 80-9 (James Refrigeration) and order ad- vertisement for bids with a bid opening scheduled for 3 :00 p.m. , Monday, March 31 , 1980. 77 MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS - FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 14, 1980 SUBJECT: 'INFOMATIVE MEMO Finance Director VanOverbeke has prepared a brief memorandum re garding the status of the 1979 audit. A copy of that memo is en- closed on page $Q for your reference. Enclosed is a letter from Dakota County Commissioner James Kennedy regarding the Dakota County Draft Emergency Medical Services Plan. The matter is informative and found on pages ( through g4 The City of Mendota Heights did pass a resolution and that is also enclosed in the referenced material . Mayor Blomquist and City Administrator Hedges met -with Marion Curry, Special Assistant, Office of the Chairman of the Metropolitan Coun cil , and Kathy Ridder, Metropolitan Council Member, to discuss the proposal for para-transit system to serve cities in the wes- tern part of Dakota County. According to Mrs.. Curry, the Metro Council will be contacting the City _Council Members -regarding the proposal for a para-transit system in the near future. More to come after you have been contact-ed. Mayor Blomquist did testify before the House Committee on Juvenile Justice/Criminal Justice on March 5 , - 1980. The testimony was in support of proposed legislation drafted by Representative Kempe and Representative McDonald regarding prohibition for the sale of drug related devices and prohibition for owners to permit use of their property for the sale of drug related. devices . Chief of Police DesLauriers and Police Officer O'Brian also testified on behalf of the City of Eagan. There were a number of residents who also testified from the City of Eagan. The proponents of the legislation primarily testified on March 5; the opponents testified on March 7 . A vote was taken at the March 7 meeting, and in a six to five decision, the bill died in committee. The Building Inspector, Mr.. Dale Peterson, was notified by Windsor Development Corporation that all items listed in the correction letter, dated January 21 , 1980, for the Teske home. have been com- pleted with the exception of item #6 . They state in the letter that item #5 will be taken .care of under the agreement settling lawsuit between Windsor Development and Mr. and Mrs . Teske. Informative Memo' March 14, 1980 Page Two It appears that Bart. Schmidt will no longer be able to serve as the City' s appointment to the Metropolitan Sound Abatement Council . Please refer to a letter from 'Bart as to the reasons why he is unable to serve on' that council . The letter is enclosed on page _45 for your reference: I received a copy of a resolution from the City of Farmington enti- -led "Declaring the City' s Opposition to the Proposed Minnesota agricultural Preserves Act". A -copy of that resolution is forwarded to the City Council for review on pages -6 through $� On page 46S - is a copy of the Anniversary Review for Health, Life and Disa ib'Tity Insurance. Again the experience rating was excellent for the City, and the only cost increase appears to be in the life insurance rate. On page '01 is a copy of a letter from Peoples Natural Gas Company regarding official notifica*_ion of another rate increase for natural gas service for general domestic and commercial customers s/ Thomas L. Hedges City Administrator -- MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR VAN OVERBEKE DATE: MARCH 12, 1980 SUBJECT: 1979 AUDIT The field work for the audit for the year ended December 31, 1979, was started on Monday, March 10 1980 Report completion is projected for May 31, 1980. Last year the field work was started the last week in .February and the report was completed the first part of July. For the year 1978 two separate documents were produced, first accrual balance sheets and secondly, statements of cash receipts and disbursements. This was a step toward meeting the State's reporting requirement for financial statements and disclosures which present the City's financial position and the results of City operations in conformity with generally accepted accounting principles. For the year 1979 one document will be produced which will meet this reporting requirement. This will be produced by the audi- tors from the City's records of cash transactions and from last years work papers. This procedure is expected to take less time than was spent last year due to the preliminary work that was done during the course of last years audit. Unfortunately, the City while improving some recordkeeping functions, has made no significant changes to facilitate the preparation of accrual financial statements. There is no reasonable possibi- lity of making these improvements until a new information system is put in place. The City was able to complete only a very limited amount of preliminary work in preparation for the audit and once again the report will be strictly the work of the auditing firm. The report also will unfortunately continue to reflect the expanding gap between the records the City maintains and the information being distributed to the various users. Respectfully submitted, Fin ce Director �O FROM THE DESK OF . . . COMMISSIONER JAMES W. KENNEDY March 12, 1980 Honorable Mayor and Councilpersons of Dakota County Please find enclosed, a letter- and resolution from the City of Mendota Heights, regarding their position on the proposed Dakota County Emergency Medical Services Plan. Also find enclosed, copy of memorandum regarding public hearing on the Draft Emergency Medical Services Plan, to be held March 25, 1980. I would appreciate prompt action regarding the draft plan, including a resolution from your jurisdiction regarding your reactions to the draft plan. The resolution received from the City of Mendota Heights gives the County Commissioners some idea of how that community feels about the Dakota County Draft Emergency Medical Services Plan. I-took forward to receiving your comments prior to the meeting on March 25th. Thank you for your consideration of this matter. Sincerely, - L J James W. Kennedy, Chairman Human Services Board JWK:vk PLANNING SERVICES DAKOTA C01 -XTV 1612! 4 7-t>225 DAKOTA COUNTY GOVERNMENT CENTER 1560 HWY. 55•HASTINGS. MINNESOTA 55033 ST. PAUL &1111"'A M E M O R A N D U M _ TO : PERSONS INTERESTED IN DAKOTA COUNTY EMERGENCY MEDICAL SERVICES FROM: JOSEPH P. SCHUR, - DIRECTOR OF PLANNING, 'HUMAN SERVICES SUBJECT : DAKOTA COUNTY EMERGENCY MEDICAL SERVICES PLAN DATE: MARCH 12 , 1980 Recognizing that there are many perspectives on emergency medical services, including those of townships, municipalities, and countywide groups such as the Fire Chief's Association and the Police Chief's Association, the Dakota County Human Services 'Board has scheduled a public hearing on emergency medical services. The purpose of this hearing will be to receive comments, both written and oral , concerning the draft Dakota County Emergency Medical _ Services Plan. This hearing will be held at 10:30 A.M. on March 25, 1980, at the Dakota County Government Center. Persons wishing to be heard at the hearing may contact the Office of Human Services Administration (437-0530) in advance, in order to reserve time during which they may be heard. Copies of the draft Dakota County Emergency Medical Services Plan, along with the recommendation of the Community Health Services Subcommittee and the Human Services Advisory Committee are available upon request. I would appreciate your reviewing this draft Dakota County Emergency Medical Services Plan, and encourage you to comment an your concerns regarding emergency medical services. County staff are available to answer questions, provide additional information, or offer other assistance in your reviewing- this plan. If we can be of assistance, please contact William Snoke at 437-0225. S2_ COMMISSIONERS- 1ST DISTRICT 2ND DISTRICT 3RD DISTRICT 4TH DISTRICT 5TH DISTRICT PATRICK SCULLY GERALD E. HOLLENKAMP JAMES KENNEDY - GENE ATKINS RUSSELL STREEF'_ANC HASTINGS SOUTH ST. PAUL WEST ST. PAUL INVER GROVE HEIGHTS- BURNSVILLE "�'0 CITY OF MENDOTA HEIGHTS Dakota County, Minnesota RESOLUTION NO. 80-21 RESOLUTION URGING DAKOTA COUNTY TO IMPLEMENT EMERGENCY MEDICAL SERVICES WHEREAS, the providing of Emergency Medical Services in the metro area is becoming more sophisticated and will eventually require advanced -electronic communication measures in order to provide Advanced Life-Saving Services; and WHEREAS, such communication measures are not presently available in Dakota County; and WHEREAS, a number of northern Dakota County municipalities have been subsidizing the Divine Redeemer Ambulance service; and WHEREAS, the ALS service as presently provided by Divine Redeemer can only continue with the initiation and institution of advanced communication measures and techniques; and WHEREAS, the City of Mendota Heights desires that such ALS service be maintained in northern Dakota County; NOW THEREFORE BE IT RESOLVED, by the City Council of the City of :Mendota Heights this 4th day of March, 1980, that the Dakota County Human Services Board give favorable consideration to its EMS Plan and its recommended communications appropriations; AND BE IT FURTHER RESOLVED that the Dakota County officials are urged to cooperate with Ramsey and Washington counties to: a. Apply for appropriate Federal grants. b. Provide matching funds if necessary for repeater stations. C. Provide in its entirety, a communication network in a form as presently exists in the western metro area. AND BE IT FURTHER RESOLVED that the communities take whatever means are necessary to provide the local ambulance service at a level as determined by the communities; 83 - 2 AND BE IT FURTHER RESOLVED that the City of Mendota Heights expresses a desire to continue Advanced Life-Saving services within the community of Mendota Heights. Adopted by the City Council of the City of Mendota Heights this 4th day of March, 1980. CITY COUNCIL CITY OF MENDOTA HEIGHTS By /s/ Robert G. Lockwood Robert G. `Lockwood _ Mayor ATTEST: Kathleen M Swanson City Clerk 1 2 MAR 0 r 1 "arch 19£0 1533 Lone Oalk Rd. EarTan, 'In. ':Tr. Tom Iledr.'es, City Administrator City of Ea^an 3759 Pilot Knob :?d. Eagan, IIn. Dear Ton: The legal counsel for my employer, the FAA, has determined that my appointment to the Iletropolitan Sound Abatement Council ( ,USAC) constitutes an appearance of a conflict of interest. Therefore, please accept this letter as my reluctant resir,nation. I an sure that Ir. Tom raker, i%,ho has been serving as the alternate to LNSAC i�roulC be willing to serve as the regular representative. <Ty recluirec' ?it�:dra?;al from 'IAS_a_C frill not prohibit me from ma?:inr a contribution. to t-e City of Eagan in other areas. I will madly accept a post as technical advisor on aviation matters to either the City Council or the Advisory Planning Cor:,mission. 'y service with ::ASAC was. both interesting and informative and I feel ampl,; rewarded for my efforts. Sincerely, 7111.rTo,{ H SCI-IIDT gS RESOLUTION NO. R5-80 - DECLARING THE CITY'S OPPOSITION TO THE PROPOSED `X =� - MINNESOTA AGRICULTURAL PRESERVES. ACT G- l Pursuant to due call and notice thereo_fi.,a_regul_a_r_meeting of the City Council of the City of Farmington, Minnesota was held at the Civic Center in said City on the 19th day of February, 1980 at 7:00 P.M. I The following members were present: Akin, Johnson, Kuchera, Whittier The following members were absent : Orr Member Akin introduced and member Whittier seconded the ;following resolution: BE IT RESOLVED, that the City Council of the City of Farmington, State of Minnesota, is opposed to the recently introduced Minnesota Agricultvra'l ;Preserves Act, House File 1612, Senate File 1597. Having studied the ,proposed legislation we offer the following objections: 1 . To include the seven county metro area is contrary to the purposes of the Metrol Council and its agencies, in that their purpose is to plan development of the area, not to act to preserve the agricultural lands within i ( 2. The method of determining agricultural capability is not defined. Will crop value .or production value take into account such things as irrigation, drought, loss of crops from natural disasters? 3. Assessing by agriculture capability should be restricted by counties for establishing mill rates rather than averaging all state townships. 4. Agriculture use should not include horticulture and nursery stock. 5. The loss of revenue to local governing bodies would have to be made up from the state general fund. What would be the source of 'these monies? What would the projected cost be on the next five years? 6. ' Because of the one unit per quarter/quarter much of the agricultural land in the metro area would not qualify under the bill . Because of this, any farmer not being able to qualify will be placed at a disadvantage and will be being descrim.inated against by the bill . 7. Land can be bought and sold without restriction. Speculation on agricul- tural land will still continue. 8. A Federal. Inter-Agency Study, National Agricultural Lands Study (NALS) co-chaired by Secretary of Agricultural and Chairman of the Council on En- vironmental Quality are to evaluate the effectiveness of existing land reten- tion programs. These results will be available in 1981- to those concerned with agricultural land loss. We suggest we wait for this study. This resolution adopted by recorded vote of the Farmington City Council in open session this 19th day of February, 1980. Mayor Attested to this q day of �" 1910 erk SEAL R . C f , j i i i I 1 �2� I February 27, 1980 - hasumme - +A City of Eagan L �\ 3795 Pilot Knob Road Eagan, Minn. 55122 Attn: Alyce Bolke RE: Anniversary Review Dear Alyce: We have had another excellent year with the City of Eagan and the renewal rates are as follows effective April 1, 1980: - Employee Life - $.45 per $1,000 Employee AD&D - $.06 per $1,000 Employee Weekly Disability Income - $251 per $10.00 Employee Medical - $18.47 Dependent Medical $42.58 Medicare - $ 8.00 As you can see Alyce, the only change has been in a revision slightly upwards of your Life rate based upon a current census. All other rates including all medical rates have remained the same which is excellent considering an 18% inflationary trend in the State of Minnesota. I hope things have gone well with the City of Eagan account, we appreciate your business and should you have any questions please don't hesitate to call. Sincerely yours, Geo re thro rouPen nd p Representative GAG:cn cc: Erwin Helmken File Mailing address: P.O. Box 43035,St. Paul, Minnesota 55164 Home Office:Two Pine Tree Drive,Arden Hills, Minnesota 55112 (612)631-7000 Mutual Service Life Insurance Company/Mutual Service Casualty Insurance Company/Modern Service Insurance Company Peoples Natural Gas Division of Northern Natural Gas Company March 6, 1980 To The Honorable Mayor and City Council Eagan, MN 55122 Attention: City Clerk This letter will serve as notification of a rate increase for natural gas service to the general domestic and commercial customers in your community, effective with bills rendered on and after January 18th, 1980. This increase reflects a wholesale increase of 20. 11 cents per thousand cubic feet in the cost of gas from our pipeline supplier, Northern Natural Gas Company. With bills rendered on and after January 23, 1980, your rate decreased by 1.46 cents per thousand cubic feet. The rate decrease reflects a decrease' in the cost of gas purchased by Peoples from its pipeline supplier, Northern Natural Gas Company. Also, with bills rendered on and after February 18, 1980, the rate will again decrease by 2.70 cents per thousand cubic feet. This decrease reflects a reduction to the filed rate adjustment of 20. 11 cents as stated above. Pursuant to the cost of Gas Adjustment Provision (Original Sheet No. 74) of our Tariff on file with the Minnesota Public Service Commission, Peoples Natural Gas will place into effect an increase of 15.95 cents per MCF, which is the net effect of the above increase and decreases, effective with all bills issued on or after February 18, 1980. Should you have any questions concerning these adjustments, please contact your nearest Peoples Natural Gas Office or the undersigned. Sincerely, PEOPLES NATURAL GAS DIVISION �l District Manager D