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03/03/1981 - City Council Regular 0-4 w 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. � J 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. r t � • 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 2 0 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. 4 S • 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) . S 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. 6 r • • I 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. 7 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. Page 2. 2634a ' f 1 • • 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. Z� O r w 1 , w O I T ; I I � ' I II FEDERAL DRIVE r t1i 'll I I , I I I I I ' I I I I rn t I i I I I In Zrz to - S OD 12 I r•,� I I D t I , :b. �: N t d J o n " ! I N I ; I p m I it 1 D I I D � I J I I � I I � I I ' I o I I ;• I / I \ !I PILOTKN B ROAD �- s uI: l I FEDERAL DRIVE '4t# — I� �� :L '�' lig \\ � — _ __- -"'I• ` t i rn IM o l .. I r•, 1 .•• I r 1 rrl I. 7fit r i IK rn 51'r, 00 I OD I rn � I f D o I II I Z 0 i II I I I II I o 'I PILOT KNQB ROAD _ N - ID D I i T i 11 �� 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. a ? .J • • • a r J' � ��,mow . N � "... I • / �t ��)�•, V � 1),..t 1..r. N Y dAr.N.�a IA ►•.tea Y • � / V .fuTlr c •, i1, �'�� ��, a t LOwf•�•..o . - y 44 260,L r� o . 120Y _ c _ _ to � i/,,�•M• `� �/� � .� ^ •.I� f�.fr•i�1 � M �'<'�1/ rT rA • P �•�. .'IO v F 4.a•f 4 11 1 rd M J ` ' rn _ U « r ci N _ oat. .�.t w �N �• �I I ro on ZI t. l r A• ch •" -� D w //�� C►1 ! R t v w o 0 0 G T. v' v J y V N ♦i t-f^'�f L••t� w - ` ` • ... R ► 06E oe ►vC . 40 J r W000LARrC L N ! 60 i Fir of1 I I j ti f� 0 to �� � \ O � ,•cVTw L 4 It LOw,:a a-a :. •��` _ �, (` r!�i/�/yam✓ c��/.,v.� ,.,•b : -r•� iT�..�a�t//_[/,'f�lr) j Ad - •It 46 40 � .• U ► •. . •`♦ ' � �,•,yy Ary//,yy ■ ru so CA 040 Add • h y �t as_ ^� ..•i-- -�-�� _=?�l_t f ~ - - N r- -I , • ; * % DGE oeive ' AlkTr CA v, • ... 'r ' f 4(70 • �•t 'ROWN , WOOD LAQ K LA NQ �• ���.� „ ,... „� jt � as • . � /171• •.a__ �t l7 _.... ._1__�.1 _. .i�! ..f _'• .•.• ,.• •�-•� t/� __ •SJR J ': .;;; .r�.;?.�CY.�. -- �_ •1L__-�.- ✓ •:' !•:;: ?: _u.t=.�..�.•.�,35 �; of y=+;Y:.; v. :::1 fit 11)t - y �'II!fit ti--r_-:�� � �qtr. / :W;:. •?�'�M��{�o•sl,•, Ar CITY OF EAGAN PROPOSED WARNING SIREN LOCATIONS 0 1/2 1 Z smile g • 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