03/03/1981 - City Council Regular 0-4
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AGENDA
EAGAN CITY COUNCIL
REGULAR MEETING
EAGAN, MINNESOTA
CITY HALL
MARCH 3, 1981
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE
II. 6:33 - ADOPT AGENDA AND APPROVAL OF MINUTES
III. 6:35 - DEPARTMENT HEAD BUSINESS
e.\ A. Fire Department �•� C. Park Department
�•� B. 'Police Department ?.D. Public Works Department
IV. 6:55 - CONSENT ITEMS [One (1) Motion Approves All Items]
t-2-A. Co. Rd. #31 Supplemental Agreement #1 - Trailways
TB. Co. Rd. #31 Traffic Signal Agreement - Co. Rd. #28 & Co. Rd. #26
CC Change Order #2, Contract 79-2, Beacon Hill Streets
P 6D. Change Order #2, Contract 79-20, Duckwood Drive
(6E. Contract 236 A, Final Payment/Acceptance (Meadowlands Utilities)
P IF. Project 323, Present Report/Order Public Hearing (Coachman
Land Co. 1st Addition Streets & Utilities)
p•7G. Project 328, Present Report/Order Public Hearing (Ches Mar East
4th Addition Streets & Utilities)
V. 7:00 - PUBLIC HEARINGS
e.� A. Project #318 - Storm Sewer & Street Improvements to Yankee
Square Shopping Center Area and Yankee Doodle Road, West of
Pilot Knob Road
r,•20B. Project #325 - Street Lighting Improvements to the Timberline
Addition
P,117C. Location of Four (4) Siren Warning Systems
VI. OLD BUSINESS
29A. Barrel Reconditioning - for a Variance from the Front Setback
Requirements & Asphalt Surfacing for a Parking Lot & a Conditional
Use Permit to Allow Outside Storage for Lots 17-18-19, Block 2,
Eagandale Center Industrial Park No. 4, Section 11
,�.UB. Thomas W. Heiberg for Rezoning from A, Agricultural, to P.D. ,
Planned Development District, and Preliminary Plat Approval of
Galaxie Park Addition, located in the E� of the NWk of Section
32, located south of Cliff Road and west of Galaxie Avenue
,P.3SC. Final Plat - J.P.K. Park Co.
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EAGAN CITY COUNCIL AGENDA
MARCH 3, 1981
Page Two
VII. NEW BUSINESS
p 3 j A. Jerry Thomas for a Special Use Permit to Allow a Wine and
3.2 Beer License in an Agriculturally Zoned Area and for
a Wine License, Sunday Wine License and 3.2 Beer License for
Diamond T Ranch, located in the SEk of Section 33, located
East of Pilot Knob Road and North of the Apple Valley Border.
VIII. ADDITIONAL ITEMS
3(v A. Lawsuit "Paul "Taylor vs. City Council Members Smith, Parranto
& Egan"
346B. Mileage Allowance
e1,316 C. Fiscal Disparities Legislation
P 4 L D. Legislative Action Conference
S 2E. Project 316, Present Report/Order Public Hearing ( Galaxie
Ave. Streets & Utilities)
IX. VISITORS TO BE HEARD (For those persons not on the agenda)
X. ADJOURNMENT
♦ I
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: FEBRUARY 27, 1981
SUBJECT: AGENDA INFORMATION MEMO
After approval of the February 17, 1981 City Council minutes and
minutes of several special City Council meetings and approval of
the March 3, 1981 City Council agenda, the following items are
in order for consideration:
FIRE DEPARTMENT
A. Fire Department - There are no items to be considered for
the Fire Department at this time.
POLICE DEPARTMENT
B. Police Department -- There are no items to be considered for
the Police Department at this time.
PARK DEPARTMENT
C. Park Department -- Item #1: Automobile Purchase for Park De-
partment Use -- At theaTst regular meeting of the City Council ,
three (3 ) bids were presented by the Director of Parks and Recrea
tion to consider the purchase of a station wagon for use by the
Park Department. This item is a budgeted item. The three base
bids were as follows :
Ford Fairmount $6,870.00
Chrysler LeBaron 6,836 .00
Chevrolet Malibu 7,020.49
There was discussion regarding the importance of adding air condi-
tioning as an option to the low bid. It was reported by the
Director of Parks & Recreation that air conditioning would cost
approximately $450 to $500. It was announced by the General Motors
Corporation and Ford Company earlier that same day, February 17,
1981 , that those companies were planning to offer rebate programs .
Since there was uncertainty as to whether the City would qualify
for a rebate, action was taken to delay approval of the bids until
the March 31 1981 meeting, directing Parks & Recreation Director
Vraa to futher investigate the status of the rebate. Parks &
Recreation Director Vraa did contact each of the three ( 3) dealer-
ships and Ridgedale Ford was able to provide a $600 rebate on the
Ford Fairmount. There is no rebate allowed on the Chevrolet.
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Agenda Information Memo
February 27 , 1981
Page Two
A rebate had already been provided by the Chrysler Corporation
for the Chrysler LeBaron which was considered in the original
amount. Therefore, the Ford Fairmount base price was lowered to
$6 ,270. Air conditioning as an option is $492 or the total bid
would be $6 ,762 . It is the recommendation of the Director of Parks
and Recreation that the low bid submitted for the Ford Fairmount
with air conditioning in the amount of $6 ,762 be considered.
ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the
low adjusted bid offered by Ridgedale Ford for a Ford Fairmount
in the amount of $6, 762 which includes air conditioning.
Item #2: Bids were received . on Thursday, February 26, 1981 , for
the three quarter ton four by four pickup truck to be equipped
with a snow plow. The Director of Parks & Recreation would like
additional time to review the bids and, therefore, a copy of the
bid tabulation as well as the recommendation will be included with
the Administrative Packet on Monday, March 2 , 1981 .
PUBLIC WORKS DEPARTMENT
D. Public Works Department -- There are no items to be considered
for the Public Works Department at this time.
•
There are seven ( 7 ) items on the agenda referred to as Consent
Items requiring one ( 1 ) motion by the City Council . If there is
any item which the City Council would like to discuss in further
detail , that item should be removed from the Consent Agenda and
placed under Additional Items unless the discussion required is
brief. This will allow the Mayor to proceed with the Public
Hearings as legally noticed at 7 :00 p.m.
COUNTY ROAD #31 —BIKEWAY CONSTRUCTION
A. Co. Rd. #31 Supplemental Agreement #1 , Trailways -- On March
7, 1978, the Dakota County Board of Commissioners officially adopted
a trailway plan for the construction and funding of new trails
within Dakota County. This existing policy for construction and
funding of new trails within Dakota County. This existing policy
for construction and financing of trails provides for the county
constructing a county bikeway along one side of a county road in
conjunction with the upgrading of the respective section of the
county road if it falls within their overall trailway facilities
plan. This policy provides for the cost of the county bikeway
to be funded 55-45 between the county and the City. Since the
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Agenda Information Memo
February 27, 1981
Page Three
initiation of this trailway construction policy in 1978, there
has been no trailway construction which made use of this newly
created policy. The improvement of County Road #31 will be the
first to provide for the construction of a county trailway along
the east side of Pilot Knot Road as part of the County' s overall
trailway plan. However, the Dakota County Park Department is pre-
sently in the process of preparing a long range comprehensive plan
incorporating a revised policy, plan which provides for all county
trailways to be funded 100% through the county bikeway program.
Because the comprehensive plan is in its six month review stage,
it cannot be formally considered for adoption until July 1981 at
the earliest. Due to the fact that the improvement of County Road
#31 providing for the inclusion of the Dakota County trailway system
on the east side of this county road is scheduled to be let during
March 1981 , which is prior to the acceptance and adoption of any
revised trail policy plan, the existing county trail plan presently
in effect which was adopted in March of 1978 will be used to stipu-
late the respective financial responsibility for construction of
said trailway. However, at the February 3, 1981 County Board
meeting, the county introduced a resolution stating, "If Dakota
County adopts a new funding policy for trails, the Board of Com-
missioners will consider paying retroactivity to comply with the
new policy. " Therefore, the City has received a copy of a supple-
mental agreement to be executed by the City of Eagan entering into
a cost participation agreement in accordance with the existing
55-45% cost participation split for the county' s trail construction.
A copy of both the agreement and the recent county board resolution
pertaining to retroactivity of any new cost participation plan
is forwarded for the Council ' s attention on page -4-
ACTION TO BE CONSIDERED ON THE MATTER: To approve the supplemental
agreement #1 to Dakota County contract 31-05 (Pilot Knob Road)
and authorize the Mayor and City Clerk to execute said agreement.
WHER-1AS, there exists in full force and effect Agreement for High-
way construction dated February 5, 1980 entered into by and between the
County of Dakota, hereinafter referred to as the "County" and the City of
Eagan hereinafter referred to as the "City"; and
WHEREAS, the City desires that an 8' bituminous City trail be
constructed on the west side of CSAH 31 (Pilot Knob Road) utilizing a State
Grant and an 8' wide bituminous County trail be constructed on the east
side of CSAH 31 (Pilot Knob Road).
NOW THEREFORE, IT IS AGREED AS FOLLOWS:
1 . - The County shall include in the plans and construction, an 8'
wide bituminous trail on the west side of CSAH 31 . The City shall reimburse
the County the cost of the trail . Any grant received shall be credited to
the City.
2. The County shall include in the plans and construction, an
8' wide bituminous trail on the east side of CSAH 31 . The County will pay
55% of the cost of this trail . The City will reimburse the County for
45% of the cost of the trail .
3. The City and County shall enter into a maintenance agreement
for the County trail prior to construction.
4. The County will bill the City for their share of the work pro-
vided for in paragraph No. 1 and 2 hereof in accordance with the terms and
conditions of the original Agreement for the construction of Project No.
31-05 between the City and the County.
5. Except as provided for herein, all terms and conditions con-
tained in said Agreement for the construction of Project No. 31-05 shall
remain in full force and effect.
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Agenda Information Memo
February 27 , 1981
Page Four
COUNTY ROAD #31 TRAFFIC SIGNAL AGREEMENT
B. Co. Rd. ##31 for Traffic Signal Agreement on Co. Rd. 28 and
Co. Rd. 26 - As a part of the construction of County Road #31
under . Dakota County project #31-05, the intersection of County
Road #26 (Lone Oak Road) and County Road #28 (Yankee Doodle Road)
will have a traffic signal installed as a part of this improvement.
In order for these traffic signals to be installed, it requires
the execution of a signal agreement between the City and Dakota
County. The City had received a copy of Agreement #81-01 for the
installation of these referenced traffic signals. Cost participa-
tion for these traffic signals provides for a 50-50 split between
the City and the county for all costs incurred. The estimated
City' s financial responsibility for .both signal systems combined
is $62,500 ($37 ,500 County Road #26; $25 ,000 - County Road #28 ) .
As a part of the installation agreement, the City will be expected
to be responsible for relamping, cleaning and painting and providing
the necessary electrical power for operation. This agreement is
in conformance with typical signal installation agreements between
Dakota County and its jurisdiction municipalities.
ACTION TO BE CONSIDERED ON THE MATTER: To approve Dakota County
Traffic Signal Agreement #81-01 and authorize the Mayor and City
Clerk to execute said agreement.
CONTRACT 79-2
C. Change Order #2 for Contract #79-2 (Beacon Hills Streets) -
This change order consists of seven ( 7) parts : PART #1 : cancels
Change Order #1 to Contract #79-2 and replaces it with new final
quanities and renegotiated unit prices (Add $3 ,975. 24) . PART #2 :
provides for a cost reduction incurred by allowing the contractor
to perform certain scheduled work prior to anticipated price in-
creases (Deduct $6 ,246 .48) . PART #3: consists of additional repair
work required due to damage create_c by developer' s operation during
the construction of the City' s contract (Add $5,947 .25) .
PART #4: provides for the adjustment of manholes and gate valves
to provide access by City maintenance crew during winter months
due to phasing of scheduled completion of street work (Add $1 ,384) .
PART #5: provides for the completion of street grading in the
model --Home cul de sac area required by the developer which was
previously his responsibility (Add $2,383 ) . PART #6: provides
for the addition of permanent reflectorized barrica es at the end
of two newly created dead end streets (Add $450) . PART #7: pro-
vides for a cost reduction and the adjustment of manhole for a
cost reduction and the adjustment of manholes and gate valves due
to interim adjustments noted in Part #4 previously (Deduct $3 ,800) .
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Agenda Information Memo
February 27 , 1981
Page Five
The net result of the change order amounts to a total of add
$4,093.01 . This additional cost will be added to the final con-
struction costs when tabulating and computing the final assessment
figures . This project has not yet been closed out and assessed
and all costs associated with this change order will be so incor-
porated in the final assessment figures .
ACTION TO BE CONSIDERED ON THE MATTER: To approve Change Order
#2 to Contract #79-2 in the net amount of add $4,093.01 .
CONTRACT #79-20
D. Change Order #2 for Contract #79-20 (Duckwood Drive) This
change order provides for the addition of extra gravel base neces-
sary to correct faulty subgrades during the construction of Duckwood
Drive. The cost was anticipated when computing the final construc-
tion costs and was assessed accordingly.
ACTION TO BE CONSIDERED ON THE MATTER: To approve Change Order
#2 to Contract #79=20 in the amount of add $4,514.87.
CONTRACT 236-A
E. Contract 236A for Final Payment/Acceptance (Meadowlands First
Addition Utilities) -- The City has received a request for final
payment on the above referenced contract. The City has received
certification from the consulting engineering firm that construction
was completed in compliance with City approved plans and specifica-
tions. The final inspections were performed with City maintenance
personnel in attendance and to the City' s satisfaction. Final
construction contract was approximately 0.5% under the estimated
contract due to a reduction in the number of services installed.
All costs incurred with this final contract were included in those
figures used for final assessments levied on September 24, 1980.
ACTION TO BE CONSIDERED ON THE MATTER: To approve the fourteenth
and final payment request to Fredrickson Excavating Company in
the amount of $1 ,428. 25 for Contract #236-A and accept the contract
for perpetual maintenance.
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Agenda Information Memo
February 27 , 1981
Page Six
PROJECT #323
F. Project #323, Present Report/Order Public Hearing (Coachman
Land Company First Addition Streets & Utilities) -- A petition
was submitted by the developers of this subdivision and presented
to the Council on November 18 requesting the preparation of a
feasibility report. This report has now been completed and is
being presented to the City Council for review with a public hearing.
being scheduled for April 7, 1981 . This feasibility report is
consistent and common with all similar developments in Eagan with
the exception that the City is proposing to require the future
widening to an alternate forty-four foot minor collector with the
Four Oaks Road along the north side adjacent to the plat as a part
of the report . This widening is. proposed to be the responsibility
of the development with no contribution from major street funds .
ACTION TO BE CONSIDERED ON THE MATTER: To receive the feasibility
report for Project #323 (Coachman Land Co. First Addition Streets
& Utilities ) and order the public hearing to be held for April
7, 1981 .
PROJECT #328
G , Project #328, Present Report/Order Public Hearing (Ches Mar
East Fourth Addition Streets and Utilties) -- On January 20, 1981 ,
the City Council received a petition, from the developer_ of this
addition requesting the preparation of a feasibility report for
the streets and utilities . This report has now been completed
and is being presented to the Council for review. It is anticipated
that a public hearing will be held on April 7 , 1981 . This feasi-
bility report is common for similar developments in the City of
Eagan and there is no major contribution required from any of the
City' s trunk funds .
ACTION TO BE CONSIDERED ON THE MATTER: To receive the report on
Project #328 (Ches Mar East 4th Addition Streets and Utilities )
and order the public hearing to be held on April 7 , 1981.
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Agenda Information Memo
February 27 , 1981
Page Seven
PROJECT #318
A. Project #318 for Storm Sewer and Street Improvements to Yankee
Square Shopping Center Area and Yankee Doodle Road, West of Pilot
Knob Road -- On September 16, 1980, the City received a petition
from the owners/developers of the Bicentennial Addition, including
the Yankee Square Shopping Center, requesting the preparation of
a feasibility report pertaining to the installation of additional
storm sewer facilities that are necessary -to alleviate the drainage
and erosion problems that presently occur along Yankee Doodle Road
near the intersection of Federal Drive. This report has been pre-
pared and presented to the Council for consideration at the February
3, 1981 Council meeting with the public hearing then being scheduled
for March 3, 1981 . In addition, recent, discussions with the Dakota
County, Highway Department pertaining to the upgrading of Pilot
Knob Road indicate that the county intends to improve Yankee Doodle
Road from Federal Drive to Pilot Knob Road as a part of the up-
grading of the northern two miles of Pilot Knob Road. Because
the upgrading of Yankee Doodle Road provides benefits to the adja-
cent commercial/research and development properties, and it would
be constructed simultaneously with the storm sewer improvements
discussed previously, it was felt best to incorporate these improve-
ments with the feasibility report for the storm sewer improvements
to the Yankee Square Shopping Center. The information pertaining
to the improvement of Yankee Doodle Road as a part of the Pilot
Knob Road upgrading was incorporated in the previously referenced
project #318 and was presented to the Council at their February
33 1981 Council meeting. Consequently, the public hearing for
both the storm sewer and the county road improvement were scheduled
for March 3 . It is anticipated that bid openings for the improve-
ments of Pilot Knob Road and Yankee Doodle Road will be held on
March 6, 1981 . Before the bids can be awarded for the project,
the City must close all public hearings and order the improvements
prior to final contract award by the county. This improvement
of Yankee Doodle Road is a very last minute to the many months
of planning of Pilot Knob Road. As such, several final details
have not yet been resolved with the count such as the trail along
Yankee Doodle Road, proper channel ization7medians and other related
issues . It is anticipated that a representative from the county
highway department will be in attendance at this public hearing.
It should also be noted that, although the storm sewer for the
Yankee Square Shopping Center is being combined under the same
report as the upgrading of Yankee Doodle Road, they should be
treated as two separate issues in case one project is denied or
continued. For additional information on this prcject, enclosed
is a co.-,-.,, -f' the preliminary report found on pages 9 through
ACTION TO BE CONSIDERED ON THE MATTER: To close the public hearing
on Project ,#318 and either approve or deny the project in part
or in total.
44� ' n�G Glenn R.Cook,P.E.
I` AVG. Keith A. Gordon,P.E.
n- Otto G.Bonestroo,P.E. Thomas E.Noyes.P.E.
Ciortdllsq Robert W. Rosene,P.E. Richard W.Foster, P.E.
JoseFh C. Anderlik,P.E. Robert G.Schunicht,P.E.
1335 V. `74.4 st IA."36 Bradford A. Lemberg, P.E. Marvin L.Sorvala.P.E.
//1�
Richard E. Turner,P.E. Donald C.Burgardt,P.E.
it. P d Af..,.&55113 James C.Olson, P.E. Jerry A.Bourdon,P.E.
/�beN. 611-636-k600 OV Mark A.Hanson,P.E.
Steven M. QuinceHanson,
Charles A.Erickson
1956 — 25 tit — 1981 )'N Leo M. Pawelsky
Harlan M. Olson
C:4j nniversary' lkz-o David E.Olson
Preliminary Report on
Yankee Square Shopping Center Stor r
and Yankee Doodle Road Improvements
Project No. 318
Eagan, Minnesota
January 29, 1981
SCOPE: This project covers the construction of a lateral storm sewer in the
Bicentennial 2nd Addition and improvements to Yankee Doodle Road (Co. Rd. 28)
from Co. Rd. 31 to Federal Street.
FEASIBILITY AND RECOMMENDATIONS: The project is feasible and is in accordance
with the Master Utility and Street Plans of the City of Eagan. The project as
outlined herein can best be carried out in two contracts. The first contract
includes the storm sewer lateral required for the Bicentennial Additions of
the Yankee Square Shopping Center and will be carried out by the City of
Eagan. The second contract includes all of the street improvements on Yankee
Doodle Road between Co. Rd. 31 and Federal Street and will be carried out by
the Dakota County Highway Department.
DISCUSSION:
A. Storm Sewer Lateral: At the present time, excessive quantities of storm
water flow from the Yankee Square parking lot into Federal Street and north to
Yankee Doodle Road where they cause severe erosion problems in the south ditch
west of Federal Street.
Page 1.
2634a
An additional lateral storm sewer is required with sufficient catch basin
capacity to intercept the excess flow in the parking lot just east of Federal
Street and convey it to the trunk storm sewer along the south side of Yankee
Doodle Road. An additional catch basin is also required on the east side of
Federal Street adjacent to an existing catch basin at Yankee Doodle Road.
Water flowing along the south shoulder of Yankee Doodle Road also contrib-
utes to the erosion problem west of Federal Street. This excess storm water
can best be controlled by installing catch basins in the south gutter line of
the new street improvements to be carried out by the Dakota County Highway De-
partment.
All costs of the new storm sewer lateral will be assessed against the ben-
efited property.
B. Street Improvements: It is proposed that Yankee Doodle Road will be
widened and provided with concrete curb and gutter and drainage improvements
from County Road 31 to Federal Street. These improvements are to be included
with the reconstruction of Co. Rd. 31 from Yankee Doodle Road to a point ap-
proximately 2 miles north.
These improvements are required to provide proper traffic control at the
intersection with Co. Rd. 31 and will improve the handling of traffic between
Federal Street and Co. Rd. 31.
The costs of the proposed street improvements will be shared between
Dakota County and the City of Eagan on the standard 55% County - 45% City cost
sharing. All of the City costs will be assessed against the benefited proper-
ty abutting each side of the project.
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2634a
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AREA TO BE INCLUDED:
Assessment Area Construction Area
STORM SEWER
NE 1/4, Section 16, T27, R23 NE 1/4, Section 16
Parcel 018-02
Bicentennial Addition Bicentennial 2nd Addition
Lot 1, Blk. 1 Lot 1, Blk. 1
Bicentennial 2nd Addition
Lot 1, Blk. 2
Bicentennial 3rd Addition
Lot 1, Blk. 3
Lot 2, Blk. 3
Bicentennial 5th Addition
Lot 1, Blk. 1
STREET IMPROVEMENTS
SE 1/4, Section 9, T27, R23 SE 1/4, Section 9
010-77
NE 1/4, Section 16, T27, R23 NE 1/4, Section 16
010-01
020-01
Bicentennial Addition
Lot 1, Blk. 1
Bicentennial 2nd Addition
Lot 1, Blk. 1
Bicentennial 3rd Addition
Lot 1, Blk. 1
Lot 2, Blk. 1
COST ESTIMATE: A detailed cost estimate is presented at the back of this re-
port for storm sewer improvements and is summarized as follows:
STORM SEWER - $16,350
Page 3.
2634a
Estimated costs for street improvements were obtained from Dakota County
and are summarized below indicating that portion to be financed by the City of
Eagan and Dakota County.
STREET IMPROVEMENTS:
City of Eagan (45% of $234,460) $105,510
Dakota County (55% of $234,460) 128 ,950
TOTAL STREET COST . . . . . . $234,460
These estimated costs include an allowance of 25% for legal, engineering,
administration and bond interest.
EASEMENTS:
Storm Sewer - Both a temporary and a permanent easement will be required
to construct the storm sewer lateral. It is anticipated that these easements
will be provided by the owner of the Shopping Center property without cost to
the City.
Street Improvements - Adequate right-of-way exists to accommodate the new
street improvement permanent construction.
Temporary easements will be required from parcels on both sides of the
street to facilitate construction. These are expected to be acquired by
Dakota County.
ASSESSMENTS:
Storm Sewer - All lateral storm sewer costs are proposed to be assessed
against the benefited property. Trunk storm sewer oversize costs have previ-
ously been assessed against this property and will therefore not be assessed
at this time.
Page 4.
2634a
Street Improvements - All costs to the City of Eagan are proposed to be
assessed against the property abutting each side of the proposed improvements.
The assessments will be on a front foot basis in which the total cost for the
City of Eagan will be divided equally between the north and south side of
Yankee Doodle Road.
The preliminary assessment roll based upon estimated costs is included at
the rear of this report.
REVENUE SOURCES: Revenue sources to cover the costs of both parts of this
project are listed as follows:
STORM SEWER
Proj . Cost Revenue Balance
Laterals $ 16,350
Lateral Assessments $ 16,350
TOTAL . . . . . . . . . . . . . . . . . . . . . . . $ 16,350 $ 16,350 - 0 -
STREET IMPROVEMENTS
Yankee Doodle Road (City) $105,510
Yankee Doodle Road Assessment $105,510
Yankee Doodle Road (County) 128,950 128,950
TOTAL . . . . . . . . . . . . . . . . . . . . . . . $234,460 $234,460 - 0 -
PROJECT SCHEDULE
Storm Sewer Street Improvements
Present Feasibility Report February 3, 1981 February 3, 1981
Public Hearing March 3, 1981 March 3, 1981
Approve Plans and Specifications April 21, 1981 March 3, 1981
Open Bids May 15, 1981 March 13, 1981
Award Contract May 19, 1981 March 17, 1981
Construction Completion August 31, 1981 October 15, 1981
Assessment Hearing September, 1981 June, 1982
First Payment due with Real Estate Taxes May, 1982 May, 1983
Page 5.
2634a
I hereby certify that this report was prepared by
me or under my direct supervision and that I am a
duly Registered Professional Engineer under the
laws of the State of Minnesota.
Mark A. Hanson
Date: January 29, 1981 Reg. No. 14260
Approved by:
F/-Z�/- ',
Thomas Colbert, P.E.
Director of Public Works
Date: -7
Page
Page 6.
2634a
�G
APPENDIX A
COST ESTIMATE
YANKEE SQUARE SHOPPING CENTER STORM SEWER
YANKEE DOODLE ROAD IMPROVEMENTS
PROJECT 318
EAGAN, MINNESOTA
A. YANKEE SQUARE SHOPPING CENTER STORM SEWER
60 Lin. ft. 18" R.C.P. Storm sewer @ $28.00/lin. ft.. $ 1,680
50 Lin.ft. 15" R.C.P. Storm sewer @ $24.00/lin.ft. 1,200
1 Each Std. CBMH w/cstg. over existing pipe @ $1,200.00/ea. 1,200
5 Each Std. Catch basin w/cstg. @ $800.00/each 4,000
LUMP SUM Mobilization @ $1,500/L. S. 1,500
120 Sq.yds. Remove existing bituminous @ $1.00/sq.yd. 120
50 Lin. ft. Remove existing concrete curb & gutter @ $1.00/l.f. 50
20 Ton Bituminous mixture for patching @ $80.00/ton 1,600
50 Lin. ft. Concrete curb & gutter @ $10.00/lin. ft. 500
300 Sq.yds. Sod with topsoil @ $2.00/sq.yd. 600
Total Estimated Construction $12,450
+5%.Contingency 630
$13,080
+25% Legal, Engrng. , Admin. & Bond Interest 3,270
TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16,350
Page 7.
2634a
APPENDIX B
PROJECTED ASSESSMENTS
EAGAN, MINNESOTA
PROJECT 318
YANKEE SQUARE SHOPPING CENTER STORM SEWER
YANKEE DOODLE ROAD IMPROVEMENTS
January 29, 1981
A.) YANKEE SQUARE SHOPPING CENTER STORM SEWER
Lateral Assessment
NE 1/4, Section 16, T27, R23 Area (Sq.ft.) Rate/sq.ft. Total
Parcel 018-02 - Federal Land Co. 14,000 $.049 691
Bicentennial Addition
Lot 1, Blk. 1 125,740 $.049 $ 6,205
Bicentennial 2nd Addition
Lot 1, Blk. 2 79,550 .049 3,926
Bicentennial 3rd Addition
Lot 1, Blk. 3 21,465 .049 1,059
Lot 2, Blk. 3 11,950 .049 590
Bicentennial 5th Addition
Lot 1, Blk. 1 78,600 .049 3,879
TOTAL . . . . . . . . . . . . . . . . . . . . . . . . 331 ,305 $16,350
B.) YANKEE DOODLE ROAD IMPROVEMENTS
Street Assessment
NORTH SIDE YANKEE DOODLE ROAD
SE 1/4 Section 9, T27, R23 Front Feet Rate/F.F. Total
Parcel 010-077 Univac 1,220 $43.24 $52,755
TOTAL . . . . . . . . . . . . . . . . . . . . . . . 1,220 $52,755
Page 8.
2634a
SOUTH SIDE YANKEE DOODLE ROAD
NE 1/4, Section 16, T27, R23
Front Feet Rate/F.F. Total
Parcel 010-01 Phillips Petroleum 167.0 $44.79 $ 7,481
Parcel 020-01 Phillips Petroleum 100.0 44.79 4,479
Bicentennial Addition
Lot 1, Blk. 1 404.6 44.79 18,124
Bicentennial 2nd Addition
Lot 1, Blk. 1 215.0 44.79 9,631
Bicentennial 3rd Addition
Lot 1, Blk. 1 186.0 44.79 8,332
Lot 2, Blk. 1 105.1 44.79 4,708
TOTAL . . . . . . . . . . . . . . . . . . . . . . . . 1,177.7 $52,755
Page 9.
2634a
Agenda Information Memo
February 27, 1981 j
Page Eight
PROJECT #325
B. Project #325, Timberline Street Lights -- On November 18, 1980,
a petition signed by the majority of the residents in the Timberline
Addition was submitted requesting the feasibility study for the
installation of street lights in their subdivision. That report
was presented to the City Council at the February 3, 1981 Council
meeting and a public hearing then scheduled for March 3. It should
be noted that presently the Timberline Addition is served by
Northern States Power with overhead facilities. Consequently,
the Director of Public Works and Consulting Engineer designed a
report proposing two alternates. The first deals with overhead
street lights mounted on existing overhead tranmission poles.
The second alternate provides for the installation of a standard
ornamental street light similar to new subdivisions within the
City. These ornamental street lights are considerably more expen-
sive on their installation cost, but quarterly energy costs would
be less in comparison to the installation of street lights on
existing overhead transmission poles . The location of the street
lights would be different depending upon which alternate the resi-
dents select. If the overhead street light alternate is selected,
it will entail manual billing for energy costs by the utility bil-
ling department. The feasibility report is enclosed for the Coun-
cil ' s reference on pages 21 through ZG .
ACTION TO BE CONSIDERED ON THE MATTER: To close the public hearing
and order either alternate or deny the project as proposed.
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CITY OF EAGAN, MINNESOTA
PUBLIC-WORKS DEPARTMENT
FEASIBILITY REPORT
FOR
STREET LIGHTING - PRATEC'I' NO. 325
TIMBERLINE ADDITION
January 20, 1980
I hereby certify that this report was prepared by me or under my direct
supervision and that I am a duly registered Professional Engineer under
the laws of the State of Minnesota.
2e�5�'� -
Thcras A. Colbert, P.E.
Registration Number 12049
a �
PRELIP,INARy REPORT ON STREET LIGH'T'ING
FOR THE OSLUND-TIMBEFMINE ADDITION
PR=cr N0. 325
EAGAN, MINNESOTA
JANUARY 20, 1981
SCOPE: This project covers the installation of street lights serving the residents
of Oslund Timberline Addition in the N, of Section 9 , Eagan.
FEASIBILITY AND RECOMMI DATIONS: This project is feasible and is in accordance with
_the City's policy on the installation of street lights in residential areas. It
can best be accomplished as outlined herein-and-not--as apart-of--any--other-project _
DISCUSSION: Residents within the Oslund Timberline Addition have petitioned for the
installation of street lights. This addition contains 112 lots which would bene-
fit frau street lighting.
This area was developed before the City of Eagan adapted a corprehensive street
lighting policy. Since the enactment of this policy, all new additions have been
required to install street lights. The above-menticned policy also has a provision
enabling older additions to petition for street lights. Under this provision, the
cost of street light installation is assessed against the benefited lots and the
energy charge is paid quarterly by the residents along with their water and sewer
bill.
The Oslund Timberline Addition's energy needs are serviced by Northern States Power
Company. This company offers, depending upon the desired type of street light
fixtures, and the requested maintenance service, several different rate schedules
for residential street lighting. The monthly energy rates are considerably higher
and the customer has no choice in the style of the street lighting units, if NSP
owns, installs and maintains the street lighting systems.
There are two viable service options available within the above-said addition.
One alternate is to install a custarer-awned ornamental post top luminaire. These
ornamental street lights would be installed by an electrical contractor, and main-
tained by NSP. The monthly energy charge would be$2.99 per light fixture to the City.Tt
other available alternate is to have NSP install, own and maintain overhead street
lights on existing and/or new 30-foot poles. The monthly energy rate under this
option would be$8.79 per fixture to the City.
ALTERNATE A (OF'NA ENTAL STREET LIGHTS)
It is proposed to have (13) street lights installed. All these lights would be
the standard ornamental design with 100 watt high pressure sodium luminaire mounted
on standard poles installed by an electrical contractor. The standard poles will
be of laminated wood with the luminaire mounted approximately 131,- ft. above the
ground level. All electrical feeder lines will be placed underground. _ The poles,
luminaires, and wiring will be provided by the electrical contractor.
The cost of the construction will be financed by the City and assessed against
the benefited property owners.
COST ESTIMA'T'ES
The following cost estimation includes the cost of construction,
administration, legal, and other related costs of the project:
13 lights $26,208.00
Page 1
Page two
ALTERNATE B (OVERHEAD STREET LIGHTS)
It is proposed to have (13) overhead street lights installed by Northern States
Power CompanN7. Two nf these lights would be 100 watt high pressure sodium mounted
on a. 35 foot e.-dsting power pole with a 10 foot mast arm.
11 of the lights would be 100 watt high pressure sodium mounted on a new 35 foot
_- pole with a 6 foot mast arm. All power will be supplied by an overhead distribu-
tion system. - - COST ESTIMATES
The following cost estimation includes the cost of installation,
administration, and other related costs of the project:
13 lights $1,890.00
AREA TO BE INCLUDED: All lots 1-15, Block 1, Lots 1-20, Block 2, Lots 1-19, Block
3, Lots 1-42, Block 4, and Lots 1-16, Block 5, Oslund Timberline Addition, Section
9, T. 27N, R. 2361 of the City of Eagan.
REVENUE SOURCES: Revenue sources to cover the cost of this project are the assess-
ments against the benefited lots.
ALTERNATE A ALTERNATE B
Cost Revenue Cost Revenue
Installation $26,208 $1,890.00
Assessments $26,208 $1,890.00
ASSESSMENT'S: Assessments are proposed to be levied in accordance with current City
policy. All costs of the project will be assessed. Estimated assessments are as
follows:
ALTERNATE A (OMW1E TAL)
Estimated Assessment: $234/Lot
Energy Charge to be billed w/ water & saver $2.00 qtr/Lot
ALTERNATE B (OVERHEAD)
Estimated Assessments $17/Lot
Energy Charge to be billed w/ sewer & water $3.50 qtr/Lot
PRQJECI' SCHEDULE: The following is the proposed schedule to be followed for this
project assuming favorable action by the Council.
PRaTECP SCHEDULE
Present F. R. February 3, 1981
P.H. March 3, 1981
APP P&S April, 1981
Open Bids/Award Contract May, 1981
Const. Camp. August, 1981
Final Assessment Hearing September, 1981
First Payment due with taxes May, 1982
Page three
APPENDIX A.
ALTERNATE A (ORNN=AL STREET' LIGHTS)
_- Estimated Current Price $20,800
Current Cost Plus 6 Months Inflation 1,248
5% contingency Factor 1,040
_15% Administrative Cost -- - 3,120
TOTAL $26,208
ALTERNATE B (OVERHEAD STREET LI=)
Estimated Current Price $ 1,500
Current Cost Plus 6 Months Inflation 90
5% Contingency Factor 75
15% Administrative Cost 225
TOTAL $ 1,890
Agenda Information Memo
February 27, 1981
Page Nine
WARNING SIREN SYSTEM
C. Location of Four (4) Siren Warning Systems -- A public hearing
is scheduled to consider the location of four (4) civil defense
warning sirens for the City. An informational meeting was held
on February 26, 1981 at which time neighbors in the Timberline
Addition adjacent to site one and neighbors adjacent to Fire Station
#1 which is referredto as site three were present. A history
and reasons for the City purchasing four (4) warning sirens was
outlined by the City Administrator. Technical aspects on the opera-
tion and. design of the warning sirens was provided by Mr. Dale
Grimes, Dakota County Civil Defense Director, and the site selection
as proposed for the four (4) locations was reviewed in datail by
the Civil Defense Director, Mr. Doug Reid. The four locations
are Site 1 - Pumphouse in the Timberline Addition, Site 2 - Adjacent
to the Police Department Facility, Site 3 - Fire Station #1 , and
Site 4 - Adjacent to the Pump House on Cliff Road East of Pilot
Knob Road. At the request of residents in the Timberline Addition,
the City staff is further researching the feasibility of locating
the siren in Site 1 at Pilot Knob Elementary School. The major
concern the City staff has in relocating that approximately 500-
600 feet northeast of the proposed site is that the same distance
will be lost in the southeast area of Section 9 which is heavily
populated due to the various apartment structures that are in
existence. With the wind direction for most storms moving in a
northeasterly direction, Pilot Knob Elementary School would be
less desirable than Timberline Pumphouse. The location at Site
3 was discussed in detail with an adjacent property owner, Mr.
Darrel Haines . City staff will pursue one or two alternatives
as to whether the siren will actually be located at Fire Station
#1 . The alternatives will be addressed at the public hearing.
The president of the Timberline Association, Fran Winkle, was noti-
fied of the informational meeting and the public hearing approxi-
mately a week to ten days ago as well as special notice being given
to Mr. Darrel Haines , adjacent neighbor to Fire Station #1 of both
meetings. If there is any additional information that the City
Council desires regarding the warning siren locations - or warning
siren system, please feel free to contact this office at any time
and the information will be supplied on Monday. Enclosed on page
b
is a map indicating the proposed warning siren locations
as prepared by the Civil Defense Director.
ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the
four (4) site locations for the warning siren system.
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PROPOSED WARNING
SIREN LOCATIONS
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Agenda Information Memo
February 27, 1981
Page Ten
BARREL RECONDITIONING
A. Barrel Reconditioning, Inc. , for a Variance from Front Setback
Requirements & Asphalt Surfacing for a Parking Lot and a Conditional
Use Permit to Allow Outside Storage -- A public hearing was held
by the APC at a regular meeting held on January 27, 1981 to consider
applications for a variance to front setback requirements and
asphalt surfacing for the parking lot and a conditional use permit
to allow outside storage for Lots 17, 18 and 19, Block 2, Eagandale
Center Industrial Park #4 for Barrel Reconditioning. This item
was first heard by the Advisory Planning Commission at the December
23, 1980 APC meeting. At that time, ' additional information was
required by the APC and also a request for the conditional use
permit for the outside storage was to be considered. This matter
has been placed on the last two ( 2 ) regular City Council meeting
agendas ; however, the applicant, for business reasons has been
unable to attend the meetings . The APC is recommending approval
of the variances and conditional use permit to the City Council .
For additional information on this matter, please refer to the
City Planner' s report, a copy of which was enclosed on pages 81
through 91 of the February 3 , 1981 City Council packet. For a
copy of the action taken by the APC at the 1-27-81 meeting, please
refer to page �Q There was an advertising brochure which was
provided to each member of the City Council that has pictures and
an explanation of Barrel Reconditioning operation. This brochure
was distributed with the February 3, 1981 City Council packet.
Enclosed on page is a copy of a letter that was sent by the
City Administrator to e president of Barrel Reconditioning asking
that he be present at the March 3, 1981 City Council meeting.
ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the
recommendation of the APC to approve the variance and conditional
use permit for Barrel Reconditioning.
aq
APC Minutes
January 27, 1981
BARREL RECONDITIONING, INC. -- VARIANCE AND CONDITIONAL USE PERMIT
The Vice-Chairman convened the next public hearing regarding the application of
Barrel Reconditioning, Inc. , for a variance from the front setback requirements and
asphalt surfacing for a parking lot located on Lots 17, 18 and 19, Block 2, Eagandale
Center Industrial Park No. 4. Mr. Jim Jordan, president of Barrel Reconditioning,
Inc. , appeared for the applicant and made a limited presentation of the application
request due to the fact that this matter had been before the Commission previously.
Member Wilkins discussed an inspection visit performed by herself, City Planner
Runkle, City Administrator Hedges, and others, and reported that the operation
appeared to be well designed and that the facilities for control of hazardous
wastes, for which the Commission expressed great concern, appeared to be adequate and
that there would be very limited amounts of hazardous wastes resulting from the
Barrel Reconditioning process. It was noted that the Minnesota Pollution Control
Agency has classified the business as non-hazardous in its operation. There was
discussion about the timing of the asphalt surfacing for the parking lot. Mr.
Jordan indicated that upon further examination of the cost of installing the asphalt
surfacing, it now appeared that such surfacing could be installed as soon as the
construction season began. Wilkins moved, Bohne seconded the motion, to recommend
approval of the application for a 15-foot variance from the front setback line for
the parking area and also for asphalt surfacing of the parking area upon the con-
dition that said surfacing be completed within a period of one year. All voted in
favor.
The Commission next considered the application of Barrel Reconditioning, Inc. , for
a conditional use permit to allow outside storage for Lots 17, 18, and 19, Block 2,
Eagandale Center Industrial Park No. 4. Member Krob requested clarification as to
the size of the Black Hill Spruce which were intended to be installed as a portion of
the proposed landscaping. Mr. Jordan indicated that the spruce would be 5-6 feet
tall and would be purchased at an initial cost of approximately $150 per tree. The
trees would therefore be as tall as, the fence to be constructed. Hall moved to
recommend approval of the conditional use permit to allow outside storage, Wilkins
seconded the motion, all voted in favor, subject to the following conditions:
1. The storage does not exceed the 6-foot high fence.
2. Dust control measures shall be used on the storage area.
3. If and when development occurs to the east of the proposed facility, that
the owner shall submit a landscape plan to the City and provide landscaping acceptable
to the City on the east lot line of the property.
30
BEA BEOMCIUISr THOMAS HEDGES
CITY ADMINISTRATOR
MA,OR
THOMAS EGAN CITY OF EAGAN ABKE
CITY
MARK PARRANTO CITU CLERK
JAMES A SMITH
THEODORE WACHTER 3795 PILOT KNOB ROAD
COUNCIL MEMBERS EAGAN. MINNESOTA
55122
PHONE 454-0100
February 18, 1981 _
MF JIM JORDAN
BARREL RECONDITIONING
3370 MIKE COLLINS DR
EAGAN MN 55121
Re: Variance & Conditional Use Permit Applications/Barrel Reconditioning
Dear Mr. Jordan:
The Eagan City Council has continued your applications for a variance
and a conditional use permit at both the February 3 and February 17,
1981 City Council meetings. This item will be heard at the March 3, 1981
City Council meeting. Please make arrangements to attend that meeting
so the recommendation of the Advisory Planning Commission can be properly
addressed.
Thank you for the tour and hospitality you provided for Mayor Blomquist,
Planning Commission Member Wilkins, City Planner Dale Runkle and myself
recently at your plant.
If you have any questions regarding the applications, please feel free to
contact me at any time.
Sincerely,
Thomas L. Hedges
City Administrator
TLH/hnd
cc: Dale Runkle, City Planner
3�
Agenda Information Memo
February 27, 1981
Page Eleven
REZONING & PRELIMINARY PLAT FOR GALAXIE PARK ADDITION
B. Thomas W. Heiberg for Rezoning from A, Agricultural, to PD,
Planned Development District, and Preliminary Plat Approval of
Galaxie Park Addition -- A public hearing was held before the APC
at their January 27 , 1981 meeting to consider two ( 2 ) applications
submitted by Thomas Heiberg. The first application submitted was
a request to rezone approximately 36 acres from A to PD. The second
application submitted is a request for a preliminary plat of the
first phase of Galaxie Park Addition which will contain approxi-
mately 7.9 acres and contain 44 dwelling units . The Advisory Plan-
ning Commission .is recommending approval of both applications to
the City Council . At the last regular City Council meeting held
on February 17, 1981 , there were questions raised regarding the
definition of condominium and, more specifically, how the City
defines an eight-plex if the units are sold by the developer.
City Attorney Hauge is researching that definition and will be
providing a memorandum with the Administrative packet on Monday.
For additional information on the matter, please refer to the City
Planner' s report, a copy of which was enclosed on pages 56 through
63 in the February 17, 1981 packet. Also enclosed was a larger
drawing of the proposed Galaxie Park Addition which was labeled
Plat #4. For information regarding the action taken by the APC,
please refer to a copy of those minutes enclosed on pages
_ through *7-1,&
.
ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the
recommendation of the APC to approve the rezoning and preliminary
plat entitled Galaxie Park Addition.
3a
GALAXIE PARK ADDITION REZONING AND PRELIMINARY PLAT
The next hearing convened concerned the application of Thomas Heiberg for
the rezoning of approximately 36 acres located in the east half of the north-
west section . cf Section 32 from Agricultural to Planned Development District
and also for the preliminary plat approval of the first phase of Galaxie Park
Addition containing approximately 7.9 acres and containing 44 proposed dwel-
ling units. Stelious Astelinidos appeared for the applicant and discussed the
proposal including the connection with several streets platted in the Ridge-
cliffe Addition and also the fact that the plat had been designed to fully
utilize passive solar capabilities. There was concern that adequate parking
spaces be provided as required by Ordinance and City Planner Runkle indicated
that 2-1/2 spaces per unit would be required for the multiple dwellings.
Member Krob discussed the need for one or more tot lots within the planned
development and City Planner Runkle stated that the construction of tot lots
have been imposed as conditions in similar developments located within the
City. Member Wilkins indicated her concern that, should the cul-de-sac ex-
tending between Blocks 2 and 3 not be constructed prior to the sale of Lots 1
through 3, Block 2, the applicant should inform the buyers of these lots that
only temporary access will be allowed off of Galaxie Avenue. After further
discussion, the Planning Commission took the following action:
1. Krob moved, Heywood seconded, that the Planning Commission recommend
rezoning to Planned Development District subject to the following conditions:
A. That the Planned Development be completed within a period of
five years.
B. A Planned Development Agreement shall be drafted and executed
with the City of Eagan.
C. That there shall be no more than 170 dwelling units allowable
for construction within the Planned Development.
D. That the underlying zoning shall remain Agricultural.
All members voted in favor.
33
2. Preliminary plat. A motion was made by Krob, seconded by Gits, that
the Punning Commission recommend to the City Council approval of the prelimi-
nary plat of Galaxie Park Addition under the following conditions:
A. A detailed grading, drainage and erosion control plan, including
the proposed elevation and location for garages on each lot, shall be approved
by the City staff prior to final plat approval.
B. A detailed landscape plan shall be approved by the City staff
prior to final plat approval and a landscape bond adequate to require compli-
ance with the plan shall be required with each phase of development and not
released until one year after the landscaping has been completed.
C. A. cash park dedication shall be dedicated with the platting of
each phase. This dedication shall be based on the park dedication rate in
effect at the time of final plat approval of each phase.
D. The homeowner's association bylaws shall be reviewed by the City
staff before final plat approval.
E. A 5-foot concrete sidewalk shall be installed at the cost of
this developer along the north side of Covington Lane.
G. A drainage easement incorporating the 915.0 elevation for Pond
AP-15 shall be dedicated as a part of final plat, in addition to the common
drainage and utility easements adjacent to property lines.
H. All other easements required by the City shall be dedicated as
required by the City staff.
I. Prior to final plat approval of the first phase, the developer
shall submit for City approval a plan for the location of tot lots adequate to
serve the needs of the development. The tot lots shall be constructed at the
developer's cost with the applicable phase of development.
J. The developer shall dedicate a 40-foot half right-of-way for
Galaxie Avenue south of the right-of-way acquired by the Minnesota Department
of Transportation.
K. The developer shall inform any purchasers of lots located in
Block 2 that only temporary access will be allowed off of Galaxie Avenue and
pians for permanent access off of the adjacent cul-de-sac shall be provided at
the time of building permit request.
34
Agenda Information Memo
February 27 , 1981
Page Twelve
FINAL PLAT - J.P.K. PARK CO.
C. Final Plat for J.P.K. Park Co. -- The developer, Mr. Jean Par-
ranto, has asked that this item be continued until the March 17,
1981 City Council meeting.
ACTION TO BE CONSIDERED ON THE MATTER: To continue the final plat
consideration for J.P.K. Park Company until the 3-17-81 meeting.
SPECIAL USE PERMIT FOR WINE & 3.2 BEER - DIAMOND T RANCH
A. Jerry Thomas for a Special Use Permit to Allow Wine and 3.2
Beer License in an Agriculturally Zoned Area and for a Wine License,
Sunday Wine License and 3.2 Beer License for Diamond T Ranch -
Mr. Jerry Thomas, president of Diamond T Ranch, Inc. , has made
application for a wine license, Sunday wine license and 3. 2 beer
license for the Diamond T Ranch. The Diamond T Ranch is regarded
as a commercial operation. However, due to the nature of the busi-
ness, it was allowed in an agricultural district and therefore
the zoning of the Diamond T Ranch located on Pilot Knob Road, north
of the Apple Valley corporate border is zoned A, Agricultural
District. According to Ordinance #52, riding stables and boarding
stables are a permissable conditional use for an Agricultural
District. A conditional use permit was granted several months
ago to the Diamond T Ranch for their business operation at the
aforementioned location. The zoning ordinance does not clearly
address the sale of non-intoxicating beer or wine in an Agricultural
District. There is no provision for the sale of wine or 3. 2 beer
and, therefore, it was the determination of the City staff that,
if these licenses were to be considered, a special use permit to
allow a wine and 3.2 beer license .within an agriculturally zoned
area should be considered. The City Council should first make
a determination as to whether a special use permit should be granted
for this purpose. If action is taken to approve a special use
permit, then the wine license, Sunday wine license and 3:2 beer
license are in order for consideration. Enclosed, but not given
a page number, is a copy of the personal information on Mr. Thomas,
applicant for the Diamond T Ranch.
ACTION TO BE CONSIDERED ON THE MATTER: 1. To approve or deny
a special use permit to Jerry Thomas in the name of Diamond T Ranch,
Inc. , to allow a wine and 3.2 beer license in an agriculturally
zoned area, and 2. To approve or deny issuance of a wine license,
Sunday wine license and 3.2 beer license for the Diamond T Ranch.
Special Note: The Police Department has conducted a records check
and finds no reason to deny the license.
3S
5 7 •
Agenda Information Memo
February 27, 1981
Page Thirteen
WA 11
PAUL TAYLOR LAWSUIT
A. Lawsuit "Tayloe vs. City Council Members Smith, Parranto and
Egan" -- At the special City Council meeting held on February 26 ,
1981 , action was taken to authorize legal defense by the City of
Eagan for City Council Members Smith, Parranto and Egan is a lawsuit
"Paul Taylor vs. Jim Smith, Mark Parranto, and Tom Egan". This
item is on the agenda to discuss (1 ) Selection of legal counsel
for defense of the three Councilmembers , ( 2 ) Whether a continuance
should be requested from the 20 day provision, and ( 3 ) The position
of the insurance carrier for the City of Eagan regarding payment
for defense and/or a judgment if a judgment is ordered as a result
of the lawsuit proceedings. Depending on discussion by the City
Council , there may or may not be action required on the above and/or
other items relating to this issue.
MILEAGE ALLOWANCE
B. Mileage Allowance -- The City Administrator has discussed the
mileage allowance allocation for his position with City Councilmem-
ber Egan and City Councilmember Wachter who are members of the
Personnel Committee. Two (2 ) alternatives to addressing mileage
allowance for business expenses were discussed with those committee
members . Presently, the City Administrator is compensated $150
per month for automobile and meal expenses for all business con-
ducted for the City. City Councilmembers Wachter and Egan reviewed
a memorandum, a copy of which is attached on page that addres-
sed two ( 2 ) alternatives for providing reimbursement for business
meals and mileage. The recommendation of City Councilmembers Egan
and Wachter is that the mileage allowance for the City Administrator
be increased to $200 per month to cover mileage and meal "expenses
for conducting City business . The City Administrator would like
to discuss briefly the recommendation to increase the per mile
expense which is 18¢ allowed to those employees who use personal
cars for City business. In a recent survey of several communities ,
the State agencies, the per mile average is approximately 19¢ to
20¢ per mile. The cities vary from 18¢ up to 220 per mile in a
recent survey.
ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny an in-
crease in the business expense allowance for the City Administrator
and an adjustment to the 180 per mile allowed for mileage expenses
for all other City employees using their personal vehicles .
3(v
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: FEBRUARY 11, 1981
SUBJECT: MILEAGE ALLOWANCE/BUSINESS EXPENSES
Business expenses as shown for income tax return purposes were
$2,295 for 1980. Automobile mileage was averaged at 35 miles per
day times 250 days or 8, 750 miles . Computed at 18¢ per mile, the
total is $1 ,575 . Meals were averaged at $60 per month or $720
for 1980. Therefore the total business expenses for 1980 were
$2, 295. The average was $191 .25 per month.
Since business expenses are increasing each quarter, there seems
to be two ( 2 ) alternatives for providing a reasonable reimbursement
for business meals and mileage . The first alternative is to use
Police Department cars on a continuing basis which does not require
any capital expenditure on the part of the City. Once the rotation
is established, a new car could be used by the City Administrator
for several months before it is converted to a police patrol car.
A monthly expense could then be established for meals , parking
and other incidental costs . A second alternative is to increase
the monthly appropriation to handle both mileage and meals for
business expenses .
If the City Council has an interest in alternative one, it is recom-
mended -that this method be tried on a trial basis for 1981 .
City Administrator
1
37
Agenda Information Memo
February 27, 1981
Page Fourteen
FISCAL DISPARITIES LEGISLATION
C. Fiscal Disparities Legislation -- The City has received reso-
lutions that were approved by the Cities of Inver Grove Heights ,
and Burnsville, both of which call for a repeal to . the Fiscal Dis-
parities Law. Enclosed on pages 39 through .41 are copies
of the resolutions that have been approve by both -ot those communi-
ties . Both the Cities of Burnsville and Inver Grove Heights are
urging councils of other communities adversely affected by the
Fiscal Disparities Law to adopt similar resolutions and to actively
participate in any activities seeking to repeal the Fiscal Dispari-
ties Law. A resolution is being prepared by the City Administrator
and will be available for review as a part of the Administrative
packet on Monday, March 2, 1981.
ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny a reso-
lution requesting the repeal of the Fiscal Disparities Law or to
consider no action on the issue.
3�
RESOLUTION NO. 2041
RESOLUTION URGING MINNESOTA STATE LEGISLATURE TO
REPEAL THE FISCAL DISPARITIES LAW
WHEREAS, the Fiscal Disparities Law was enacted by the Minnesota
Legislature in 1971 (Riinnesota Statutes 473 (f) , Metropolitan Revenue
Distribution) , and
WHEREAS, the Fiscal Disparities Law levies only against new
development, rather than
all
thatdevelopment,
yetand
developed theiruindustrial
burdens those communities
and commercial zoned areas, and
WHEREAS, those communities losing that portion of their commer-
cial and industrial tax base due to fiscal disparities must still
provide all necessary City services to these and other areas of the
community, and
WHEREAS, the Fiscal Disparities Law causes the City of Burnsville
to lose a substantial portion of its potential revenue needed to
provide these City services, and
WHEREAS, in 1980 the City of Burnsville had a net loss in tax
base of $10, 329 ,715.00 due to fiscal disparities, and
WHEREAS, communities such as Burnsville need a tax base to fund
the increasing cost of providing needed services to its citizens;
NOW, THEREFORE, BE IT RESOLVEDthat
the
eityCoutolrepf the City
of Burnsville hereby urges the MinnLegislature
Fiscal Disparities Law of 1971.
Passed and duly adopted by the City Council of the City of
Burnsville this 17th day of February , 1981.
Paul F. Scheunemann, Mayor
ATTEST:
6�
Leslie J. Anderson, Clerk
i
39
CITY OF INVER GROVE HEIGHTS
DAKOTA COUNTY , MINNESOTA
RESOLUTION NO . 2530
RESOLUTION REQUESTING REPEAL OF FISCAL DISPARITIES LAW
WHEREAS , the Minnesota Legislature has heretofore enacted
Fiscal Disparities Law, and
WHEREAS , said Fiscal Disparities Law is most discriminatory
against the City of Inver Grove Heights , and
WHEREAS , said Fiscal Disparities Law causes the City of Inver
Grove Heights to lose a substantial portion of its potential
revenue needed to service facilities within the City of Inver
Grove Heights , and
WHEREAS , financial relief through Federal Revenue Sharing has
become a reality since the passing of the Fiscal Disparities Law,
and
WHEREAS, the Fiscal Disparities Law is taxation without repre-
sentation , and
WHEREAS , the Fiscal Disparities Law discriminates against com-
munities that have not as yet developed their industrial and com-
mercial areas , and
WHEREAS , suburban communities such as Inver Grove Heights had
a net loss in tax base of $3 ,818 ,000 in 1980 due to the Fiscal
Disparities Law, and
WHEREAS , all Dakota County communities had a net loss of
$16,000, 000 in tax base while Ramsey County communities had a net
gain of over $19 ,000 ,000 in tax base due to the Fiscal Disparities
Law, and
WHEREAS , communities losing their commercial and industrial
tax base due to the Fiscal Disparities Law must provide 100% of the
services required , including but not limited to schools , parks ,
police protection , fire protection, water, sanitary sewer, storm
sewer, streets and administration , and
WHEREAS , communities such as Inver Grove Heights will need a
tax base to pay for the cost of the City development , and
WHEREAS, the Fiscal Disparities Law is arbitrary and capricious
in the area covered , amount levied and covers only new development
rather than all development .
40
i , •
RESOLUTION NO. 2530 - PAGE 2
NOW THEREFORE BE IT RESOLVED: That the City Council of
Inver Grove Heights herewith requests the Minnesota Legislature
to repeal the Fiscal Disparities Law.
Adopted by the City Council of Inver Grove Heights this 26
day of January 1981 .
Ayes : Newton , Teare , Tatone , Saed
Nayes : None
Howard B . Newto Mayor
ATTEST:
Ed Kurth , City Clerk
t
41
0 •
Agenda Information Memo
February 27 , 1981
Page Fifteen
LEGISLATIVE ACTION CONFERENCE
D. Legislative Action Conference -- The 1981 League of Minnesota
Cities Legislative Conference will be held at the Capitol Holiday
Inn near the State Capitol in St. Paul on Thursday, March 12 .
If any members of the City Council wish to attend this conference,
please advise me on Tuesday so proper registration can be made
Wednesday, March 4, 1981 . The City Administrator is planning to
attend the entire session. For your reference, enclosed is a copy
of the program schedule, a memorandum . from Mayor George Latimer,
president of the League of Minnesota Cities, and also copies of
legislative policies recommended to the LMC members. These copies
are enclosed on pages 4 �j through 151 for your review. There
is no formal action require —on this item; owever, direction should
be given to the City Administrator as to who will attend the
meeting.
42
league of minnesota cities
LEGISLATIVE ACTION CONFERENCE
March 12, 1981 - 8:30 a.m. - 8:00 p.m.
Holiday Inn Central , St. Paul
(I-94 at Marion Street)
A.M. SESSION
8:30 Registration - coffee
9:30 Policy Review/Adoption - Capitol Hall Room
Review and adoption by League members of legislative policy recommen-
dations.
11:00 BRIEFING SESSION: "PRIORITIES FOR CITIES IN THE 1981 LEGISLATIVE
SESSION"
LMC Legislative Counsel will review for city officials legislative
issues affecting cities under consideration by the 1981 State
Legislature.
11:30 - 12 Noon POOLSIDE REFRESHMENTS/CASH BAR
12 Noon LUNCHEON
Remarks to City Officials:
1:30 p.m. Speaker of the Minnesota House Majority Leader, Minnesota
of Representatives- Representative State Senate —Senator
Harry A. Sieben, Jr. Roger D. Moe
P.M. SESSION
1:30 - 2:30 Meet with your state legislators.
Officials discuss city legislative concerns with local state
representatives and senators.
PROGRAM
2:30 - 4:00 Discussion
Presentations by legislators on major issues of immediate concern.
4:00 - 5:00 "CURRENT HAPPENINGS LEGISLATIVE UP-DATE
Presentations by LMC Lobbyists
Question and Answer Period
6:00 - 8:00 RECEPTION FOR CITY OFFICIALS AND STATE LEGISLATORS
AH:rmm, -' 3
2/13/81
300 hanover building, 4BO cedar street, saint paul, minnesota 55101 C61 23 222-28F
LII
11111111
L 6[:11111111
league of minnesota cities
February 13, 1981
TO: Clerks, Mayors, Managers
FROM: George Latimer
Mayor,. City of St. Paul
President, _League of Minnesota Cities
RE: LMC Policy Review and Adoption Session, Legislative Action Conference
March 12
Enclosed please find a program schedule for the Legislative Action Conference.
Registration forms for the conference and over-night accommodations are included
on page 14 of the February issue of Minnesota Cities.
Please notify local legislators of your plans to attend the Legislative Action
Conference and make arran ements to meet with them at t e reception.
Also attached please find a copy of legislative policies recommended to LMC
members for adoption by the LMC Legislative Comnittee'at its January 15 meeting.
Please circulate this information and make copies of draft policies available
to interested city officials.
Actions taken at the Legislative Action Conference (March 12) to review and adopt
the attached policy statements constitutes official League policy for the 1981-82
legislative session. (This is a change from the League policy adoption schedule
which placed the policy adoption process at the LMC Annual Conference in June) .
Note this change in date.
GL:rmm
Enc.
4—t
300 hanover building, 480 cedar street, saint pawl, minnesota 55101 (61 2) 222-2661
Committee: Government Structures and General Legislation
Title: Tort Liability
Priority: A
The municipal Governmental Tort Liability Act was enacted to protect the public
treasury while giving the citizen relief from the arbitrary, confusing, and adminis-
tratively expensive prior doctrine of sovereign immunity with its inconsistent and
irrational distinctions between governmental and proprietary activities. The Act
has served that purpose well in the past. However, increasingly the courts forget
or ignore the positive benefits secured to citizens damaged by public servants as
a result of enactment of the comprehensive Act which includes some limitations on
liability and some qualifications of normal tort claims procedures.
Recent court decisions increasingly eroded the concept of a special act qualifying
the tort liability of local government. However, the special vulnerability of far-
flung governmental operations to debilitating tort suits continue to require existence
of a tort claims act applicable to local governments or local governments and the
state. In order to protect and continue the effectiveness of the Municipal Governmental
Tort Liability Act, the League proposes the following amendments.
1. The workers' compensation law presently gives.an injured person or his represen-
tative an option to collect damages in a regular civil action against a tort-feasor
who is not his employer or to collect workers' compensation from his employer if the
worker is eligible for workers' compensation for the injury. The workers' compensa-
tion act grants workers' compensation insurers or self-insurers paying such claims a
right of subrogation for the amount of the claim and reasonable attorney's fees against
the party causing the damages. The governmental tort liability act, however, purports
to remove the above mentioned election and to permit only the workers' compensation
claim if a city is the alleged tort-feasor.
In order to clarify the interaction of the two statutes and to convince the courts
that it is the legislature's intent to permit only the workers' compensation claim
against cities when the injured party is covered by workers' compensation from his
own employers, the right of the claimant's insurer to recover the amount of compen-
sation payable together with attorney's fees should be set out in the Governmental
Tort Liability Act as well as the workers' compensation statutes.
2. Punitive damages do not serve their purpose of making public employers exercise
some modicum of responsibility to the public if there is a requirement or even a
likelihood of reimbursement by the public employees. Nor is the likelihood of
promoting diligent and reasonable performance of duty enhanced by unlimited or large
punitive damage liability possibilities which encourage officers and employees to
shift the responsibility to insurers and thus back to the public. Therefore, the
League urges that the Government Tort Liability Act be amended to prohibit reimburse-
ment of punitive damage awards by public employers. Further, the Act should be amended
to limit awards of punitive damages to $1,000.00 per incident, an amount sufficient to
permit vindication of citizen rights when actual damages are insignificant and to make
public officers and employees take their responsibilities seriously.
3. The limits on individual and aggregate liability under the municipal and state
acts should be made coincidental and raised to more realistic levels.
4. In the event that the legislature determines to make further changes in the
existing law, those changes should only be in the direction of making the local
government tort liability statute more similar to the state governmental tort
liability law.
1 •
f
Committee: Land Use and Environment
Title: Erosion and Sediment Controls
Priority: C
The League opposes any mandatory program requiring cities to adopt and enforce
sediment and erosion controls. Cities presently have the legal authority to
adopt these types of land use controls. The League urges the Pollution Control
Agency to develop a model ordinance and guidelines to assist cities in becoming
involved in these types of land use controls.
Committee: Land Use and Environment
Title: Minnesota Municipal Board
Priority: B
In 1979 the Legislature adopted an orderly procedure for the consolidation of
cities. This procedure should be broadened to include the consolidation of entire
townships within the city consolidation process. The League supports the clarifi-
cation of the annexation law to Qermit a city to agree to compensate a town for
- --
loss of tax revenue fora limited period ot nears as_part, of an orderly annexation
TY oceeding.
(Amends last paragraph (page 32) , 1981 Legislative Policies)
Committee: Personnel , Pensions and Labor Relations
Title: PERA Benefits Financing and Administration
Priority: A
5. The League supports the continuation of the Minnesota Adjustable Foxed Bene€4t Post
Retirement Investment Fund as a means of providing post-retirement increases in the
pension benefits of retirees under the statewide pension funds. The ex4st4Rg de€4e4t 4n
that fund has 4R ,the past; and 4s 14ke;y 4n the 4mmed 4ate future., to prevent payment of
of any systemat4e adjustment to ret4reeso The League supports state funding of the fund
de€4e4t deficits from general funds or amortization of the deficits by crediting a
reasonable portion of excess earnings over statutor a�ssum2tions to that retire deficits
and payment of the remainder of excess earnings to that— ef4e and payment of the
rema4nder of emeess earn4ngs to retirees as a cost of living adjustment without
establishment of any guaranteed adjustment, (In the event the legislature determines.
that some mechanism other than the Adjastab4e Foxed Bene€4t Post Retirement Investment
Fund is more appropriate for providing retiree inflation protection, or t at the
Adjasta64e F#xed Bene€}t Post Retirement Investment Fund should provide a guaranteed
inflation adjustment, the League urges t e legislature to provide that: (a) no
increases be made during the first three years after retirement or until the Consumer
Price Index increases at least ten percent; (b) a specific limit be placed on the
increase granted in any one year; and (c) the cost of such increases, including any
resulting deficits, be financed from the general fund. )
(Amends paragraph 5, page 15, 1981 Legislative Policies.)
Committee: Personnel , Pensions and Labor Relat-jons
Title: PERA Benefits, Financing and Administration
Priority: A
7. The League recommends enactment of enabling legislation to allow the transfer of
pension contributions and equal employer contributions plus accrued interest of in-
dividual employees, at their request, to and from other states with similar reciprocal
legislation. Furthermore, the chief city admin strator should be allowed to select a
deferred compensation plan as an alternative to PERA coverage
(Amends paragraph 7, page 15, 1981 Legislative Policies-)
4 4 -2-
Committee: Personnel , Pensions and Labor Relations
Title: Volunteer Firefighters Relief Associations
Priority: A
Through the some 558 735 municipal volunteer fire departments and more than 89 25
non-profit firefighting corporations, hundreds of cities throughout the state pro-
vide fire protection services to their citizens in a very economical manner. Most
of these departments and non-profit corporations provide their volunteer members
with some type of pension as partial compensation for their community service.
Traditionally, the type and level of pension benefits provided as well as the
administration and investment of the pension fund has been handled locally in accor-
dance with benefit limits and financial standards specified by law, Although this
system has worked very well , the League proposed that there is meed to provide cities
more flexibility in the use of state-aid funds so that the �may use state-a�ee
ndsforan fire de artment ur ose aftera ment ofun in oons or es.Furt er, t e eggs ature �surge to care uyonitorocaing sdnce tive
limits on benefits have now been removed.
(Amends 1981 legislative Policies, pages 15 and 16.)
Committee: Personnel , Pensions and Labor Relations
Title: Taxation of PERA Contributions
Priority: A A
For several years, litigation has been pending in federal courts to consider
whether employee contributions to PERA and similar public pension systems should
be subject to federal income tax laws during the year in which they are contributed
to the system, as opposed to the year in which the employee actually receives the
benefit. To our knowledge, no similar litigation is pending regarding the appli-
cability of the state income tax
It may be argued that the individual employee does not have the use of the contri-
butions which he makes to PERA in the year in which they are contributed and therefore,
the contributions should not be subject to either state or federal income taxation,
but should be excluded from the employee's gross income. Rather, it may be argued
that the contributions should not be taxed until the benefits are actually received.
Such a position would be consistent with the way in which the municipal contributions
to the employees pensions are taxed.
Therefore, the League recommends that the PERA and state income tax laws be amended
as follows:
Employee deductions to PERA and similar public employee pension systems should be
deducted from the employee's gross income and other deferred compensation plans
presently permitted by law and not subjected to state income taxation during the
year contributed to PERA.
(Amends page 17, 1981 Legislative Policies. )
Committee: Personnel , Pensions and Labor Relations
Title, Deferred Eempemsat4em
Priority: 6
8efeFFed eempemsat4en p4ams have Prev4dea 4Rd4v4dua44sed; Peetable meatus to sapp4e-
rflept eet4rememt systems €er rlae4e4W emp4eyees; -Fer the Rest part; e�P4eyees at
the4f ewn expense defer eempeesat4enT mak4nq 4t a }ess emPe s ve ears ®€ p ev d#R@
-3-
ret4remept eepe 4ts than tradit4ena4 peps4ep pregrams. The League enderses deferred
eempensat4en as an ept4en €er FRum4e4pa4 empleyees and urges that apprepr4ate eengres-
s4ena4 and, a&40 strat#ye aet4ens he taken to 4nsure that 4t eeRt4Rues to he ava44ab4e:
The League urges that; 4m 4mp;eFReRt4ng federal deferred eempeRsat4en prev4s4ens, IRS
pet restr4et e4494444ty eeyend the Prev4s4en e€ the €e4era4 statutes:
(Amends page 17, 1981 Legislative Policies. )
Committee: Personnel , Pensions and Labor Relations
Title: State Board of Investment
Priority: A
In order to test the concept of the advantage of smaller funds and to give an additional
yardstick of the investment performance of the State Board of Investment, a portion of
present and future SBI revenues should be placed with outside investment management
firms.
Committee: Personnel , Pensions and Labor Relations
Title: Volunteer Ambulance Retirement Systems
Priority: C
Proposals to integrate ambulance and rescue volunteers not part of local volunteer fire
departments into the program for retirement for volunteer firefighters have met re-
jection from organizations of volunteer firefighters. Creation of another system of
local relief is not in the best interest of the state, its political subdivisions or
its taxpayers. Therefore, the League urges Congress and the state legislature to
remove arbitrary limits on salary (presently 4 salary) which may be placed in tax
deferred status by employers of volunteer ambulance personnel , thus providing an
efficient, simple and inexpensive means of providing retirement benefits to ambulance
volunteers. In addition, the League urges the creation of a state money purchase
retirement plan for volunteers only.
(Amends page 18, 1981 Legislative Policies. )
Committee: Public Health and Safety
Title: Dram Shop Notice of Claim in Contribution Cases
Priority: A
The purpose of the required notice within 120 days of injury for claims under the
Dram Shop Act is to permit alleged suppliers of liquor to investigate the claim
before witnesses disappear and memories fail . To allow an unlimited notice period
for suits for contribution by one alleged supplier of another alleged supplier
defeats the purpose of the notice provision. Therefore, the League supports
establishment of a notice period for Dram Shop contribution limited to 60 days
after the initial 120-day notice period, i .e. , 180 days after the incident.
(Amends paragraph 2, page 26, 1981 Legislative Policies. )
Committee: Public Health and Safety
Title: Fire Personnel Standards
Priority: A - page 23, 1981 Legislative Policies
3. A local (state) coordinating and advisory board composed of a representative
statewide selection of firefighting personnel and elected officials should be
established to address the issue of improved and expanded firefighter training to
be made available and funded by the State for local governments and fire departments,
-4-
and further that adoption of any OSHA firefighter training standards be accomplished
only through the process of consideration by a representative advisory body.
(Legislative Committee voted to table consideration of this amendment to 1981 legis-
lative policy on January 15, 1981. )
Committee: Public Health and Safety
Title: Issues in Law Enforcement Personnel
Priority: A
5. The composition of the POST Board should be altered to increase membership from
11 to 13 members, to add two elected officials from 4th class cities outside the
seven-county metropolitan area.
(Amends paragraph 5, page 24, 1981 Legislative Policies.)
Committee: Public Health and Safety
Title: Building and Energy Code
Priority: B
1. Option local (city, county or town) inspection and enforcement, except that the
code remain mandatory in the Twin Cities area.
After Paragraph 4, insert these new paragraphs:
5. The law not require cities to enforce the handicappedprovisions unless the cit
has the bui ing code.
6. Re eal the law rovidin for a vote andermit an cit adopting buildingcode
after January 1, 19 to repea t e code in that city by vote of council .
(Amends paragraph 1 and adds paragraphs 5 and 6, page 24, 1981 Legislative Policies. )
Committee: Public Health and Safety
Title: Fire Codes
Priority: B
Cities should also have the option to make the uniform fire code apply to structures
existing on the date of the adoption of the code, as well as to new construction.
(Amends page 25, 1981 Legislative Policies. )
Committee: Revenue Sources
Title: Municipal Bonds
Priority: B
Add:
Municipal Bond Sales Control By The State. Legislation proposed in the 1980 session
would have made the State Attorney General Bond Counsel for all municipal bonds and
placed authority for selling all bonds with the State Investment Board. This could
lead to increased bond costs and lengthy delays in bond issuance. It would take the
Attorney General 's Office several years to obtain the background and reputation
necessary for their opinions to be accepted by bond buyers. The marketability of the
bonds could be adversely affected, and taxpayers would hear the burden of higher
interest rates. This would be a step in the direction of government bureacracy taking
over a function of private enterprise which is competent and is working at a time when
the public trend is demanding less government instead of more.
The League opposes any legislation making the Attorney General the Bond Counsel and/or
the State Investment Board the sales agent for municipal bond sales.
Committee: Task Force on Industrial Revenue Bonds/Tax Increment Financing/Housing
Title: Tax Increment Financing
Priority: A
Tax increment financing has permitted many cities in various parts of the state to
define and carry out rehabilitation, redevelopment, housing, and economic development
projects on their own initiative. It represents the most feasible and effective legal
strategy which is currently available to cities 4n preseny4ng and Uipney4nq the to
preserve and improve their physical and economic environment 4n the4r eeFMWR4ties.
The League commends the 1979 legislature for passing one of the most flexible and
comprehensive tax increment laws in the nation. The legislation incorporates sub-
stantially the League's position. The League believes that presently no substantive
changes are necessary, and neEemmends that me saestaRt4ye ehanges be Riade by the
4940ai:ane ant#1 there has been suff4e4ent expen#eAee to determ4ne #i: ebanges are
needed other than a clarification relating to the qualification of unimproved land
as a "redevelopment district under Minnesota Statutes 27.3.73 Subdivision 10,
Paragraph The Lea ue suorts a is a n on to clarify that on costs due to
unusual terrain or soil deficiencies may be counted in quali:Uing unimproved and
as a "redevelopment di—strict", and tat costs related to road improvements and other
improvements which can be paid for b special assessments be specifically ext uded
from com ut?n the estimated cost F preparing the land for use when qualifying
unimproved iand as a redevelopment district.
The League further supports legislation which would clarify that ProDertv consistin
of vacant unused underused, inappropriate used or infrequentIX used rai ards
rail storage faci ?ties or excessive or vacated railroad rights-of-way would ualif
as a "redevelopment istrict.
Committee: Task Force on Industrial Revenue Bonds/Tax Increment Financing/Housing
Title: Industrial Revenue Bonds
Priority:
Strike all current language and insert in lieu thereof:
The League supports the potic of this state to encourage cities to take an active
role in their economic development and re eve o went. This policy 15—particularly
expressed in C apter 474 of the Minnesota Statutes, the Municipal Industria
Development Act. Chapter 474 provides for the use of industrial revenue bonds by
local units of government to prevent or remove blight and economic deterioration,
to create new fobs and retain existing ones, to maintain and strengthen tax base,
and to retain existing business and attract new business.
The_ League has found that the current system for gathering and reporting data on
the use of industrial revenue bonds is inadequate, and supeorts changes to Cha ter
474 to require more detailed reporting of information by cities to the Department
of Economic Development,
The League believes that the development and redevelopment needs of cities are
ver diverse, and therefore recommends that no legislation be enacted which
limits in any way the types of projects or which industrial revenue bonds may
be used.
The League sue2orts the pri i le of responsible local decision-mak ng and
therefore wou recommend c an es in the law to require that an unit ofgovern-
ment issuin5 Indust iarevenue- bonds adopt and follow local ui a Ines settin
forth conditions under which projects wil7 be approved-, UncTuding that each project
is consistent with a community's development plans or policies, and zoning requirements'
(Amends page 12, 1981 Legislative Policies. ) Sz)
-6-
• 0
Finally, the League supRorts working with the legislature on any concerns that the
have with the use of industrIal revenue bonds.
Committee: Legislative
Title: Control of Narcotics Paraphernalia*
Priority:
The League supports the development of state-wide legislation prohibiting the sale
of narcotics paraphernalia in Minnesota and enabling legislation granting local
enforcement of such legislation.
*(A) priority to be recommended.
GL:mm
5l
-7-
Agenda Information Memo
February 27, 1981
Page Sixteen
PROJECT #316
E. Project 316 for presenting Report/Ordering Public Hearing
(Galaxie Avenue Streets and Utilities -- At the 1-20-81 Council
meeting, this report was originally presented to the Council for
consideration. It was continued until March 3, 1981 for further
investigation by staff due to significant trunk fund contributions
from both utilities and the street fund. Since that meeting, the
City has been informed by MnDOT that this portion of relocated
Galaxie Avenue is being classified under the Federal Aid Urban
Relocation Program. As such, no contribution would be expected
from the City of Eagan for the grading or the minor 46 foot street
construction that will be required. Subsequently, there will be
no required funding from the MSAS fund: However, there is a legal
question regarding the City' s ability to assess benefits for streets
constructed without any City cost participation. The City is hope-
ful that this legal issue can be resolved prior to the March 3 ,
1981 Council meeting and the City Council will be able to discuss
it in further detail at that time. However, due to the scheduling
of I-35E from the center section with Cedar Avenue through County
Road 321 combined with the needed major utility crossings under
the freeway and those utilities required to serve as previously
approved for Ridgecliffe 1st Addition plat, a very tight time frame
is imposed on the City to get this project initiated and under
contract during the 1981 construction season. It is recommended
that the portion of Project 316 that requires MSAS funding that
would not be covered by MnDOT' s FAU funds be deleted until subse-
quent years when sufficient state aid funds are available. The
Public Works Director hopes to have a revised three to five year
capital improvement municipal state aid funding program compiled
in the very near future. However, due to the tight time constraints
required by MnDOT and a need for these trunk utilities , it is recom-
mended that the City Council :
ACTION TO BE CONSIDERED ON THE MATTER: To receive the report for
Project #316 and order the public hearing to be held for April
7, 1981 .
s/Thomas L. Hed es
City Administrator