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02/05/1980 - City Council Regular (2) .�.r+.r►«►Y.I.ww.►SAs n✓�M �f.W.+�ha.+,Mr�:/MyN. AGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL FEBRUARY 5, 1980 6:30 P.M. I. 6:30 - Roll Call and Pledge of Allegiance II. 6:35 - Adopt Agenda and Approval of Minutes of January 15, 1980 III. p,` LEAGUE OF WOMEN VOTERS PRESENTATION IV. 6`:40 - DEPARTMENT HEAD BUSINESS A. Fire Department �+.� C. Park Department p ` B. Police Department pp* '8 D. Public Works Department \► V-SE. Public Hearing Procedure V. 7:00 - PUBLIC HEARINGS A. Assessments 1. Imp. Project {#244 - Durnings Subdivision Water, Sewer & Storm Sewer 2. Imp. Project #251 - Heine 1st Addition Street Lighting `B Improvement �2 1. Imp. Project #291 - Wilderness Run 1st and 3rd Street Lighting Q'22 2. Imp. Project #295 - Cedar Cliff Addition Sewer, Water, Storm Sewer & Streets C. Industrial Revenue Bond 9 '3-, 1. Road Machinery & Supply - $3,500,000 VI. OLD BUSINESS 3 7 A. Off-Sale Liquor License Application for Mark & Pamela McCrea Q AC) B. Tax-Exempt Mortgage Program/Selection of Lendors, Program Administrators, Trustee & Insurance AA C. Award and Execute Contract for Improvement No. 19-17, Safari Estates Sewers, Water and Storm Sewer to Austin P. Keller Constuction Co. in the Amount of $791,400.00 e.4A D. Gordon & Doris Leibel for Rezoning from A, Agricultural, to LB, Limited Business, and Preliminary Plat at 3850 Beau D'Rue Drive in Sections 19 & 20 E. Consider Request to Set a Rehearing for Montessori School in Silver Bell Shopping Center City Council Agenda February 5, 1980 Page Two VII. NEW BUSINESS 4% A. General Coatings, Inc. , 2805 Dodd Road for Temporary Trailer Permit for Office Use D $0 B. Gabbert Development, Inc. , for Final Plat Approval of Ches Mar ` East Second Addition in Sec. 26 & 27 (located north of the intersection of Cliff and Lexington) �,S 2 C. Approve Plans & Specifications - Improvement #80-5 - Fish Lake Outlet (#279) Q sa D. Renew Conditional Use Permits for La Pepiniere Montessori School and Dakota County CAC (� 5'kE. Receive Petition to Vacate Utility Easements from Residents t of Block 1, Wilderness Run 1st Addition and Set Public Hearing for March 4, 1980 VIII. OTHER BUSINESS IX. VISITORS TO BE HEARD (For those persons not on the Agenda) X. ADJOURNMENT MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: FEBRUARY 1, 1980 SUBJECT: AGENDA INFORMATION After approval of the :.January 1`5, 1980, regular City Council minutes , the January . 17 , 1980, special City Council minutes and the February 5, 1980, City Council Agenda, the following items. are scheduled for consideration: League -of Women Voters Presentation ' The National League of Women Voters organization is recognizing their 60th year as an organization and therefore the local chapter would like to "present ;the Eagan City Council with a. birthday cake at the meeting on Tuesday.' Karen Flood is representing the local LeagueofWomen Voters chapter and, as I understand it, either Karen or a member of the League will be present to make a few com- ments to the City Council . The press was notified in case they wished to be present for pictures., etc. Department Head Business A.. Fire Department -- The remodeling of Fire Station #1 and con- struction of Fire Station #3 both .include plans to install shower facilities in the future. The Fire. Department is requesting that the showers be installed at this time which should be a cost savings to the City if the work is performed during the initial con- struction. It is estimated that the Change Order would run between $2500 and 13300. Fire Chief Childers , Public Works Director Col- bert will comment on the proposed Change Order at the meeting on Tuesday. B. Police Department -- Several months ago, I had a discussion with the Deputy City Manager for the City ofBloomingtonregarding a Police Mutual Aid Agreement. Presently, the City of Bloomington has Police Mutual Aid Agreements with the Cities of Burnsville and Savage. During the month of December, I received a letter from the Deputy City. Manager along with .copies of those agreements and asked that the Chief of Police review the agreements and give his recommendation as to whether the City should enter into a Mutual' Aid Agreement with the City of Bloomington. A copy of Police Chief DesLauriers' recommendations , the letter from Bloomington and a sample 'agreement are enclosed on pages 3 through 7 for your reference. It is the recommendation of—the Chiefot Police Agenda Information Memo February _1 , 1980 Page Two _ and the CityAdministrator that the City enter into a Mutual Aid Agreement with - -the City of Bloomington similar to the agreement between the Cities of Bloomington and Burnsville. ACTION TO BE CONSIDERED ON THIS MATTER: To either approve or disap- prove thee, Mutual Aid Agreement for Police Protection with' the City of Bloomington. Z (Eagan. i3ofice Mepartment — - Martin DesLauriers 6t � _ 3830 Pilot Knob Road Chief of Police _ ��, Eagan, Minnesota 55122 Jay M. Berthe -- Assistant 0iief of`Police +� ` y 16 January 1980 TO: Thomas L. Hedges, City Administrator FROM: Chief of Police SUBJECT: Mutual Aid Agreement with Bloomington Police Dept. I have reviewed the attached Mutual Aid Agreement with the City of Bloomington and I recommend that our City Council enter into such an agreement. In the past, the Eagan police have worked with and assisted Bloomington on traffic as well as criminal matters by appre- hending persons for Bloomington who have entered Eagan. On the night of the shooting at Silver Bell Apartments, Bloomington sent officers to assist us and they remained until the suspect was apprehended. I agree that with the opening of the new Cedar Avenue bridge, we will be in greater need of such an agreement. f��tin DesLaur-iers fID/vk Attach. THE LONE OAK TREE - THE SYMBOL OF STRENGTH & GROWTH IN OUR COMWNITY i CITY OF BLOOMINGTON OLD SHAKOPEE ROAD AT PENN • BLOOMINGTON,MINN.55431 1` 12 .1 December 13, 1979 1.9 Mr. Thomas L. Hedges City Manager 9 Gj 3795 Pitot Knob Road Eagan, MN 55122 Dear Tom: Please find enclosed a copy of our Police Mutual Aid Agreement- with Burnsville, and our Fire Mutual Aid Agreement. with Savage. They are the newest agreements of each type which we have adopted. As we discussed previously, with the opening of the new Cedar Avenue, bridge we will not only be able to assist each other more easily, but may well be involved in joint responses to ,incidents on the bridge itself. The City of Bloomington would be willing to enter into these agreements with the City of Eagan, or similar agreements with mutually acceptable wording expressing the same basic concepts. If you have any questions on this, please give me a call . Sincerely, Herbert L. Freye Deputy City Manager HLF/et cc: John G. Pidgeon City Manager Enclosures (2) 4 AN AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EWPLOYER Item 6.9 - -- - - JOINT AND COOPERATIVE AGREEMENTFOR USE OF Aug 27 1979 POLICE PERSONNEL AND EQUIPMENT Agreement made this 6th day of August , 1979 between the City of Bloomington and the City of Burnsville. I. GENERAL PURPOSE p The general purpose of this agreement is to provide a means by which a party to this agreement may obtain police assistance from the other party when the party requesting such assistance deems it to be necessary. This agreement is made pursuant to Minnesota Statutes, Section 471.59. i II. _ DEFINITION OF TERMS For the purposes of this agreement, the terms defined in this section shall have the meanings given them. Subd. 1. "Party" means a governmental unit which is a party to this agreement. Subd. 2. "Eligible Party" means a .governmental unit which is entitled to become a party to this agreement at its own option. The eligible parties are the cities of Bloomington and Burnsville. Subd. 3. "Requesting Party" . means a party which requests police assistance from the other party. Subd. 4. "Responding Party" means a party which provides police i assistance to a requesting party. r • Subd. 5. "Police Assistance" includes personnel and/or equipment. Subd. 6. "Requesting Official" means the person who has been designated by the requesting party to request police assistance from ! other parties. Subd. 7. "Responding Official" is the person who has been designated by a party to determine whether, and to what extent, that party should provide police assistance to a requesting party. r JOINT AND COOPERATE AGREEMENT €:= Page 2 PARTIES The parties to this agreement shall consist of the Cities of Bloomington and Burnsville, through approval of •their own respective governing bodies to become parties. Upon approval by the respective governing bodies, this agreement shall be duly executed and shall continue in force as .hereinafter provided. IV PROCEDURE Subd. 1. Each party shall designate the name(s) of the person (s) of that party who shall be its requesting officials) and responding . official. A party may designate the same person as both the requesting official and the responding official. Also, a party may designate alternate officials to act in the absence of the; official. Subd. 2. Whenever,. in the opinion of a requesting official of a party, there is a need for police assistance to. assist the police officers of the requesting party, such requesting official may, in his discretion, call upon the responding official of the other party to furnish police assistance to and within the boundaries of the requesting party. Subd. 3. Upon the receipt of a request for police assistance from a party, the responding official for the other party may authorize_ and direct the law enforcement officers of the responding party to provide police assistance to the requesting party. Whether the responding party shall provide such police assistance to .the requesting-. party and, if so, to what extent such police assistance shall be provided, shall be determined solely by the responding official (subject to such supervision and direction as may be applicable to hien within the governmental structure of,.the party by which he is employed) Failure to provide assistance will not result in liability to a party. Subd. 4. Whenever a responding party has provided police assist— ance to a requesting party, the responding official may at any time recall such police assistance or any part thereof to the responding party, if the responding official in his best judgment deems this necessary. Subd. 5. When a responding party supplies law enforcement _. officers to a requesting party, such officers shall remain under the. direction and control of the responding party; shall be paid by the responding party; shall be protected by the Workmen's .Compensation _- - -- of the--responding party; and shall otherwise be deemed to be - - performing their regular duties for the responding party. However, the responding party shall undertake to coordinate with the requesting party the police assistance which it provides. 6 r:z3 • U1 JOINT AND COOPERATIVE AGREEMENT PAGE 3 Subd. 6. A responding party shall be responsible for its own personnel, equipment and supplies, and for injuries or death to any such personnel or damage to any such equipment or supplie*, except that unused equipment and supplies shall be returned to the responding party by the requesting party when circumstances permit this to be done. Subd. 7. The requesting party shall not be responsible for any injuries, losses or damages to persons or property arising out of the acts of any of the personnel of a responding party nor shall the responding party be responsible for any injuries, losses or damages arising out of the acts of any of the personnel- of the requesting party or the personnel of any other responding party. V. WITHDRAWAL AND TERMINATION This agreement shall continue in effect until one or both parties withdraws. Any party to this agreement may withdraw at any time upon thirty (30.) days written notice to the other party. CITY OF BLOOMINGTON BY: N City ag CITY OF BURN. LL May i y Manager Agenda Information Memo February 1 , 1980 Page Three C. Park Department -- There are no .items to be considered at this time for the Park Department . D. Public Works Department -- There are no items to be considered at this time for the Public Works Department . E. Public Hearing Procedure -- Mayor Blomquist and City Council Member Smith" have raised "a question regarding the procedure for public hearings as outlined on the attached sheet found on pages through /D More specifically, Item 4 which pertains to the amount of time allowed for the audience to speak to any given issue. Mayor Blomq_uist` and City Council Member Smith are suggesting that the 15 minutes be reduced to 4 minutes which seems more aoo_ ropriate for a presentation from the audience . Thepublic hearing would be opened by the Mayor and then the appropriate member. of the staff would make a presentation which would remain totally obiective for the purpose of explaining the factsand outlining the ager_da item to the audience and to the City Council . The Mayor would then allow each side 4 minutes 'to address the issue ,` and, once the audience has been heard, the <City Council would discuss the matter and take the appropriate action. By having the City Staff introduce the item, it should reduce the time required by the audience to present their case to the ,City Council . By having the City Staff outline a. specific topic at the beinning of the public hearing, it will also establish consistency' in that the staff will not be reacting to theaudienceand make it appear that the City is favoring the opponent or proponent of a particular issue. If, the procedure is adopted by the City Council , it is hopeful that by` reducing the time, the oublic hearings will become more constructive and beneficial to the audience who are not only observers but concerned citizens for specific agenda items and also for the City Council who must make- a decision regarding the action before them. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or disapprove the suggested change in the' procedure for public hearings as described above . WELCOME TO A MEETING OF THE EAGAN CITY COUNCIL Bea Blomquist', Mayor Councilmembers : Thomas Egan James Smith Mark Parranto Theodore Watcher Staff, Members Who Usually Sit at the Council Table: City Administrator Thomas L. Hedges City Attorney Paul Hauge Consulting City Engineer Robert Rosene Public Works -Director Thomas A. Colbert IF YOU. WOULD LIKE TO SPEAK: The City Council encourages residents to express their opinions during Council meetings . To _ keep the meeting moving smoothly, the Council asks that you follow a few basic guidelines in making your presentation: 1 . All persons attending a City Council meeting may, address the Council at the appxopiate time that a specific agenda item is listed on the agenda. 2. When addressing the Council , stand at the microphone and begin your presentation by clearly stating your name and address . 3. All persons who speak must address the presiding officer. 4. AT PUBLIC HEARINGS, a presentation up to and no longer than 4 14 minutes is allowed for one person representing the proponent and l-5 4 minutes for opposition, if any. All other remarks are also limited— to four . minutes and must be addressed to the presiding officer. Each person is limited to one turn and the presiding officer may use his discretion whether to allow repeat statements from the same person. A member of the City Staff normally introduces the agenda item. D. resentati,ons concerning 'items not on the agenda will be heard only upon approval of the presiding officer. 6. To help maintain order, please do not applaud or create other unnecessary disturbances during the meeting. 7. Petitions should be presented to the City Administrator. 8. Members of the audience are encouraged to speak before the Council , but they cannot make motions or otherwise participate in the meeting. q The purpose of the aforementioned guidelines are : (1 ) to provide for a more crcerly meeting; (2) to provide equal and adequate time for review and consideration of agenda items ; (3 ) to provide equal rights to all members of the public who address the presiding officer; and, ' (4) to provide the City Council with an equal and rational approach to all decisions HOW THE COUNCIL VOTES: . 1 Three members of the Council constitute a quorum A majority vote is needed to pass motions and general resolutions. A vote of 3/5 is required for most other resolutions . Improvement hearings and street vacations originated by the Council require a 4/5 vote. A vote is not necessary on the first reading of an ordinance; the second reading, however, can be waived with a 4/5 vote . Zoning ordinances require a 4/5 vote on the second reading; but other ordinances can be approved' by a 3/5 vote. PARTICIPATING IN CITY GOVERNMENT: The City Council usually meets at 6 :30 p.m. on the first and third Tuesdays of the month. All Council meetings are open to the public . To find out what- is on the Council ' s agenda, refer to the Dakota County Tribune or call City Hall at .,454-8100. The Council is assisted by many Eagan residents who volunteer to serve on advisory commissions such as the Advisory Park Committee and the Advisory Planning Commission.: The meetings of this_commit- tee . and commission are open to the public. If you would like to learn more about your City government or are interested in working on an advisory commission, please call the City Administrator' s office at City Hall . BEA BLOMQUIST MAYOR Agenda Information Memo February 1 , 1980 Page Four Public Hearings (Assessments) DURNINGS SUBDIVISION A.1._ Improvement Project #244 for Durnings Subdivision Water, Sewer & Storm Sewer - After legal notice was duly printed in the Dakota County Tribune and offe'cted property owners given written notice of the public hearing, thb following is noted for consideration: Project Description: Sanitary Sewer, Water and Storm Sewer Improve- ments for Durnings Subdivision Number - of Parcels Affected: 3 Lots (Lots 1 through 3, Durnings 'Subdivision) Total Project Cost: $60,143.75 Method of Assessment: Per Front Foot ; Sanitary Lateral $26.32/ff Water Lateral. $10.80/ff Per Square Foot; Storm Sewer Lateral $ .0805/sq.ft. Storm Sewer Trunk $ .039/sq. ft. Number of Years Assessable: Fifteen Years Rate of Interest: 870 ACTION TO BE CONSIDERED ON THIS MATTER: To close the assessment hearing, finalize the assessment role and direct . the City Clerk to file the assessment role with the Dakota County Auditor. HEINE ADDITION A.2. Improvement. Project #251 for Heine 1st ,Addition Street Lighting -- After 'legal notice was duly published in the Dakota CountyTribune and affected property owners given written notice -of the public hearing, the following is in ,order for consideration: Project Description: Heine. Addition for. Street Light Number' of parcels Affected: 16 Lots Total Project Cost $1,308.00 Method of Assessment: Per Lot Equivalent $81.75 per lot Number of Year Assessable: Five Years Rate of Interest: 870 ACTION . TO BE CONSIDERED ON. THIS MATTER: To close the assessment hearing, finalize the assessment roll and direct the City Clerk to file the assessment roll with the County Auditor. Agenda Information Memo February 1 , 1980 Page Five (Public Improvements) WILDERNESS RUN 1ST AND 3RD ADDITIONS STREET LIGHTING B.1. Improvement Project '#291 for Wilderness Run 1st and 3rd Street Lighting - At the October 2 , 1979 , City ,Council meeting, a peti- tion was received from the affected property owners requesting installation of street Lights in the Wilderness Run 1st and 3rd Additions . Enclosed on pages I3 through 1'7 ' is a copy of the petition and a map showing.the referenced petitioners . Sub- sequent to the receipt of the petition, the City Council ordered the preparation of a feasibility report for - Project #291 . The report was presented to the Council at a regular meeting held on December 18, 1979, with the public hearing scheduled for the Febru- . ary 5, 1980, meeting. The , public hearing was advertised in the Dakota County Tribune and all affected property owners were, sent legal notice. Attached on pages through �, , is a copy of the feasibility report prepared-fiy the Consulting- En ineer for Pro iect #291 . ACTION TO BE CONSIDERED ON THIS KATTER: To close the public hearing and either approve or deny the project as petitioned Petition for Street Lights Wilderness Run lst & 3rd Addition/Ches Mar lst Addition The homeowners of Wilderness Run lst and 3rd Additions and Ches .Mar lst Addition petitions the City of Eagan for the installation of street lights for their respective areas according to the current City Street Lighting Ordinance. It is understood that the City of Eagan will develop a street lighting plan along with the estimated cost to each. homeowner. A public hearing will be scheduled prior to City Council final approval to provide residents an opportunity to voice their favor oropposition to such a street lighting plan. The street lights presently being installed in Eagan are a decorative-type pole with a coach-type fixture. Homeowner Address 14 $ � W to Lj a w VVd V —r— S A'�_,lv L3J 14, Al- � ,` �� ,•�- cam- �'� 13 • Petition for Street Lights Wilderness Run lst & 3rd Addition/Ches Mar lst Addition - - -- (Continuation Sheet) Homeowner Address C � O CA_ /390 � _ _---- ic3 By 1� W ' V � , x� � � 14 -- --- -------- Petition for Street Lights Wilderness Run lst & 3rd Addition/Ches Mar lst Addition (Continuation Sheet) Homeowner Address a� 1 R O Ap '807 Pj,, dj� t , _13 t 5 UJ', 3Ach V)P, ac -a _ Cum f i �s Z I t�• � �l. I 'li l a) T-. V l dD { Q r 1 I r (J1 S 41 QD m VILDMARK v COURT ' "c"o` J5 E D_m� ao 4(\ sy n •t Jc n �I 1' N 1 , J v` to A 'I IQ A N � -0/ r c :Gc NI � y— � 30 !z2°S'c. � ` p x.7_.00 Ll 113 _, _•tii N s ro r W u J' J �..a f�14 4 -'- ti Orv,O vti Og ^b N p_r-7056'4 5., 4 , %' 1yo �e9 4 '4y:29 F u�?, n`\J� u J T_ rr u, j A C \ 6068 Vn ,� .. - 0L`yt` yds• -y\i _ _ _ �� - l � K W c,�F' CO S•1 1 7 D `O It- G-6Jo \ �.• D S �� a 4 Lw v' Res Iw 7 . �4-l; r• = N '�. X- -,0006 E. V. MqR . 4'1,7' \Ot°�.,.i N OJ i J'06"E.— 5 w�J 2 OQ — 9- . I 9 ALESU�blVp6..wwi L ^Z �' i,,, n 94 � N 00°11'57' W m 1 4 .r 1 _ 0_ C• J 40 40 1350o y 4 C I s WILDERNESS RUN —6-WILDERNESS 1 �:, 7 ' I 40 73 < ` 05` % 17"E o :b CIRCLE O C ' L W { _ 4,. 420 7J to ON '14 m Z mA ' WILDERNESS RUN COURT ' c Til y�f- 3. 95 IV• /4IMM AVA"36 Otto G,Bonestroo.P.E. Lawrence P.Petdtlen,r d. �� / Robert W.Rosen,P.E. Glenn R. Cook,r.E. N� Mf j Joseph C.Ande►llk.P.E. Keith A.Gordon,P.E. /� �t Bradford A.Lemberg, P.E. Thomas E.Noyes.P.E. pt 686- 600 Robert D.Prigaard,P.E. Rfehasd W.Poster, P.E. Richard E. Turner,P.E. Robert G.Schtmtcht,P.E. James C. Olson,P.E. Marvin L.Sorrola,P.B. Donald C.Burgardt,P.E. Kenneth R.Meister. P.E. Charles A.Erickson Preliminary Report on Leo M. Paw lsky Street Lighting for Marion M. Olson Wilderness Run First and Third Additions Project No. 291 Eagan, Minnesota December 3, 1979 SCOPE: This project covers the installation of street lights to serve the Wilderness Run First and Third Additions in Eagan. FEASIBILITY AND RECOMMENDATIONS: 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 a part of any other project. DISCUSSION: The Wilderness Run First and Third Additions were developed before the City had the policy of requiring street lights in residential additions. A study committee was appointed in 1977 to study and recommend a street lighting policy. As a result of their study and recommendations, a comprehensive street lighting policy was adopted. Since that time, all new additions are re- quired to have street lights installed with the development. The energy charge is paid quarterly by the benefited residents along with their water and sewer bill. The policy also provides for older additions to petition for street lights. The cost of the installation of the lights is to be assessed against the benefited lots and the energy charge paid in the same manner as the other additions. Residents of Wilderness Run First and Third Additions petitioned for street lights under this policy. These two additions contain 54 lots to be benefited Page 1. by these street lights. Lot 20, Block 1 of Wilderness Run Third Addition does not appear to benefit from the proposed lights. It is proposed to have twelve (12) street lights installed. Two of these would be 150 watt high pressure sodium lights on 30' poles with 16' mast for use at the two intersections of Wilderness Run Road. Ten of the lights would be 100 watt high pressure sodium on standard poles without the mast for installation within the Additions. All poles and the necessary underground wiring required would be provided by Dakota Electric Company. Poles will be of laminated wood which are now the only poles stocked by.Dakota Electric. The cost of construction will be paid for by the City and all costs of the project assessed against the benefited property. AREA TO BE INCLUDED: All lots in Wilderness Run First and Third Additions in Section 27, T27N, R23W of the City of Eagan. COST ESTIMATES: The following cost estimates include the cost of construction, administration, legal and other costs of the project: Lights with Wood Poles. . . . . . . . . . . . . . . . . . . . . . . . . .$ 6,000 ASSESSMENTS: 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: Estimated Assessment . . . . . . . . . . . :. . . . . . .. . . . . . .$115.00/lot Energy Charge to be billed with Water& Sewer . . . . . . . .$2.55/qtr/lot REVENUE SOURCES: Revenue sources to cover the cost of this project are the assessments against the benefited lots. Page 2. II Street Lights Cost Revenue Balance Twelve Lights $ 6,000 $ 6,000 -- PROJECT SCHEDULE: The following is the proposed schedule to be followed for this project assuming favorable action by the Council. PROJECT SCHEDULE Present Feasibility Report . . . . . . . . . . . . . . . . . . . . . . . . . .Tuesday, December 18, 1979 Mail Notices of Hearing to Newspaper . . . . . . . . . . . . . . . .Friday, December 21, 1979 Publication of Notices in Newspaper . . . . . . . . . . . . .. . . .Wednesday, December 26, 1979 Mail Notices of Hearing to Public . . . . ... . . . . . . . . . . . . .Thursday, December 27, 1979 Hold Public Hearing . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .Tuesday, January 15, 1980 Approved Agreement with Dakota Electric Co. . . . . . . . . . .Tuesday, February 19, 1980 Construction Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . .May, 1980 Final Assessment Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . .July, 1980 First Payment Due with Real Estate Taxes . . . . . . . . . . . .May, 1981 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. Robert, W. Rosene Date:_ December 4, 1979 Reg. No. 3488 Approved bc�;;�� 6KAI , Thomas Colbert Director of Public Works Date: /��1/3 /7! Page 3. a� North lot Wilderness Run Rood c a 3. - O Denotes Proposed Street Light Location. STREET LIGHTING FOR WILDERNESS RUN 1ST ADD , AND WILDERNESS RUN 3RD ADD . PROJECT .' N0. 291 Scale: I a=400 al 49168 StMIES1NK 105M ANDD M( & ASM MIC. Agenda Information demo February 1 , 1980 Page Six CEDAR CLIFF ADDITION UTILITIES AND STREETS B.2. Improvement Project #295 for Cedar Cliff Addition Sewer, Water, Storm Sewer and Streets -- On November 20, 1979 , the City Council received a petition and accompanying- waiver of hearing for the installation of streets and utilities for the Cedar Cliff Addition. The City Counc4l received 'the feasibility report for . Projec} #295 on December 18, 19,1 and ordered the public hearing to be held_. on February 5, 1980. A eo y of the feasibility report is included on pages ��uncil through Because the waiver of hearing was received, ars-7 authorized the preparation of plans and specifications for Improvement Project #80-4. The public hearing is concluded- in a favorable manner, it would be appropriate to approve the plans and specifications also. Legal notice wa's - published in the Dakota County Tribune and the affected property owner was sent notice of the hearing. - ACTION TO BE CONSIDERED ON THIS MATTER: To close the public hearing and either approve or deny Project #295 . If the project is approved and ordered for improvement , it' would be in order for the City council to consider a secondmotion to approve the plans and . speci- fication's for Improvement Project #80-4 and order advertisement for bids . 22 .2335 V. %A d#iqlu�36 Otto G.Bonestroo.P.E. Lawrence F.Feldsien,P.E. p j /� I, j Robert W.Rosene, P.E. Glenn R. Cook, P.E. .91 pa4 A&mse"& 55f>3 Joseph C.Anderlik, P.E. Keith A. Gordon,P.E. Bradford A.Lemberg,P.E. Thomas E.Noyes,P.E. P"- 636-4600 Robert D.Frigaard, P.E. Richard W.Foster, P.E. Richard E. Turner,P.E. Robert G.Schtmkht,P.E. James C. Olson,P.E. Marvin L.Sorvala,P.S. Donald C. Burgardt,P.E. Kenneth R.Meister, P.E. Charles A.Erickson Preliminary Report on Leo M. Pawelsky Sewer, Water, Storm Sewer and Streets Harlan M. Olson Cedar Cliff Addition Project No. 295 Eagan, Minnesota November 30, 1979 SCOPE: This project covers the construction of sanitary sewer laterals, water laterals, storm sewer trunks and laterals and streets in the Cedar Cliff Addition in Eagan, Minnesota, FEASIBILITY AND RECOMMENDATIONS: The project is feasible and is in accordance with the Master Plans for Sanitary Sewer, Water and Storm Sewer and the Major Street Plan for the City of Eagan. For bidding purposes it can best be carried out in two projects; one for utilities and the other for street improvements. DISCUSSION: The Cedar Cliff Addition is a part of the Cedar Cliff Planned De- velopment and consists of 74 single family lots, 17 double family lots and approximately 16 acres of commercial development. Phase One of the project will consist of 35 residential lots. The project is located at the northeast quadrant of the intersection of Cliff Road and Cedar Avenue. As is in accordance with the Master Plan for Sanitary Sewer, the proposed Cedar Cliff Addition will be served by a series of laterals draining to the existing sewer trunk in place on the north side of Cliff Road. The commercial portion of the proposed plat will receive sewer service directly from this trunk sanitary sewer.. Water service will be received through a series of laterals connecting to the 16" diameter trunk on the north side of Cliff Road, looping through the Page 1. a3 addition and connecting to the 16" diameter trunk in place on the west side of Cedar Avenue. The commercial portion of the plat will receive direct benefit from the water trunk in place on Cliff Road. Storm sewer drainage for a small part of the southern portion of the pro- posed development will be provided through a lateral draining to a small pond in i the commercial area. An outlet to this small pond will be provided as develop- i went progresses to the east. A small portion near Cedar Avenue will drain to I the pond shown on the Master Plan as AP-9 which is located on the west side of Cedar Avenue. The remainder of the proposed Cedar Cliff Addition will drain through a series of storm sewer laterals to the pond located partially in the plat and partially in City Park property. This pond is shown on the Master Plan for Storm Sewer as AP-26 and will require an outlet as it is a relatively small pond. This outlet would be constructed along the north edge of Cedar Cliff and would drain AP-26 to the storm sewer recently constructed in Rahn Road. All of the streets located within Cedar Cliff are considered normal resi- dential streets. As such they would be constructed with 32' wide bituminous driving surfaces, surmountable concrete curb and gutter and 5 ton carrying capabilities. AREA TO BE INCLUDED: SE'k, Section 30, T27N, R23W, Eagan, Minnesota. i COST ESTIMATES: The following cost estimates include construction costs plus 18% for engineering, legal, administration and other costs appurtenant to the i project: I Page 2. PHASE I Item Trunks Laterals Total Sanitary Sewer -- $ 44,700 $ 44,700 Water Main __ 2 4 0002 4 ,000 Services -- 34,300 34,300 Storm Sewer -- 25,800 25,800 Total Utilities -- $146,800 $146,800 Streets 91,500 Total Construction Cost $238,300 Previous Trunks serving this Area 37,500 TOTAL PHASE ONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $275,800 TOTAL PROJECT Item Trunks Laterals Total Sanitary Sewer -- $ 90,900 $ 90,900 Water Main -- 75,450 75,450 Services -- 54,600 54,600 Storm Sewer $ 43,000 66,330 109,330 Total Utilities $ 43,000 $287,280 $330,280 Streets 193,000 Total Construction Cost $523,280 Previous Trunks Serving this Area 50,770 TOTAL PROJECT COST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $574,050 PROJECTED DEVELOPER'S COST PHASE ONE TOTAL RESIDENTIAL RESIDENTIAL ITEM Total Cost/Lot Total Cost/Lot COMMERCIAL Sanitary Sewer Laterals $ 35,700 $1,020 $ 81,900 $ 900 $19,400* Water Laterals 34,300 980 68,250 750 17,600* Services 21,000 600 54,600 600 -- Storm Sewer Laterals 16,800 480 57,330 630 9,000 Storm Sewer Trunks 14,700 420 38,220 420 32,800 Total Utilities $122,500 $3,500 $300,300 $3,300 $ 78,800 Streets 80,500 2,300 182,000 2,000 11,000 TOTAL PROJECT $203,000 $5,800 $382,300 $5,300 $ 89,800 Page 3. as * Includes lateral benefit from existing trunks on Cliff Road. I ASSESSMENTS: Assessments are proposed to be levied against benefited property in accordance with the rates in effect at the time of the public hearing. Current rates are as follows: Lateral Benefit from a Trunk Sewer . . . . . . . . . . . . . . . .$11.50/FF Lateral Benefit from a Trunk Water Main . . . . . . . . . . .$11.55/FF Trunk Storm Sewer Oversize- Single Family. . . . . . . . .$0.030/sq.ft. Commercial . . . . . . . . . . .$0.045/sq.ft. REVENUE SOURCES: Revenue sources to cover the cost of trunks in this project will include lateral benefit from existing trunk sewer and water mains and trunk storm sewer area charges. All laterals will be assessed at cost. Itemized costs and assessments are as follows: SANITARY SEWER Construction Cost Assessments Balance Laterals $ 90,900 $ 90,900 -- Lateral Benefit from a Trunk -- 11,350 +$11,350 $ 90,900 $102,250 +$11,350 WATER MAIN Laterals $ 75,450 $ 75,450 -- Lateral Benefit from a Trunk -- 11,400 +$11,400 $ 75,450 $ 86,850 $ 11,400 i SERVICES, i Laterals $ 54,600 $ 54,600 -- i STORM SEWER Laterals $ 66,330 $ 66,330 -- Trunks 43,000 71,020 +$28,020 $109,330 $137,350 +$28,020 STREET IMPROVEMENTS Residential Streets $193,000 $193,000 -- TOTAL PROJECT BALANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +$ 50,770 Page 4. �Y i ;I PROJECT SCHEDULE Present Feasibility Report . . . . . . . . . . . . . . . . . . . . . .Tuesday, December 18 Mail Notices of Hearing to Newspaper . . . . . . . . . . . . . . . . . . . .Friday, December 21 Publication of Notice in Newspaper . . . . . . . . . . . . . . . . . . . . . .Wednesday, December 26 Mail Notice of Hearing to Public . . . . . . . . . . . . . . . . . . . . . . . .Thursday, December 27 Public Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Tuesday, January 15 Approve Plans and Specifications . . . . . . . . . . . . . . . . . . . . . . . .Tuesday, March 4 Advertise for Bids - First Publication . . . . . . . . . . . . . . . . ..Wednesday, March 12 OpenBids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Thursday, April 10 Award Contract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Tuesday, April 15 Construction completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .November, 1980 Final Assessment Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .February, 1981 First Payment Due with Real Estate Taxes . . . . . . . . . . . . . . . .May, 1982 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. OL Pte►+ Keith A. Gordon Date: November 30, 1979 Reg. No. 10204 Approved by Thomas Colbert Director of Public Works Date: /QZ�/aT�z9 Page 5. a� Nichols �`-� `�� Road x n 0 � pp E O t ti • a ar vi w D v 0 Sandstone Drive U) A n N0 C y Cv y � o r m A �o � O�p .. C_ N _�_ O's Rahn O _ Road o � Nicho/s Ex, DAP Watermain -�� Rood - - -,---- Cl) � o I J, I rn- 9 / 0 or'rviw 1 Sandstone Drive CL n a > o � r H H 204 C- A '^ 'D W => N A os p _ Rood r Road i i i Y i i i i i i i � 1 i i i � i O ---- A l I A - � err vi w D 'v Sandstone Drive (n 1111d - 0 N O y C 0 y � O CLD ro '� -_ d or -� _o Rohn N O Rood n A N Nicho/s � ��)'� Road � l O 0 t y ti 0 Sandstone Drive o � Ito n N OL O V yt2 d- � � W Z y O t-4 Ind m t0 moi/ 3 ro N _ _ Rohn - - $ Q5 — Rood Agenda Information Memo February 1 , 1980 Page Seven (Industrial Revenue Bond Hearing) ROAD MACHINERY & SUPPLY C.l. Road Machinery & Supply for $3,500,000 -- At the January 23 1980, City Council meeting, a public hearing was scheduled for the February 5 , 1980, meeting to consider the application for in dustria'1 revenue financing submitted by Road Machinery_ & Supply of Minneapolis , Inc. , in the amount of $3 ,500,,000 The Finance_ Committee met 'on Monday, January 21 , 1980 -to review the application and it is their finding that the application meets the general criteria outlined in the City' s informational packet for Industrial Development Revenue Mortgages and Bonds and therefore is recom- mending approval of the application.. As you recall , Road Machinery & SupplyCompany made application for ' Industrial Revenue Bonds to be used for construction of the headquarters of their utility division. The materials were ordered for construction purposes , the Industrial Revenue Bonds. printed and funds in escrow, when Road Machinery & Supply Company learned about an opportunity to acquire another facility in Bloomington that was more desirable for their needs . As a result, . the bonds were never placed' and the building was never constructed. Road Machinery & Supply is now planning to construct their corporate headquarters on the -Eagan site which will employ approximately 140 people.. For additional information on the matter, please refer to the application, enclosed on pages � through - , a reduced_ copy of the final plat for Michael- Sill Addition, o n on page 35 , and for Mayor Blom- quist , Councilmembers Egan and Wachter, --t-Fe—information .that was given to the Finance Committee regarding the corporation is also enclosed for your review. This same information was- distributed to the Finance Committee prior to their meeting on January 21 , 1980. A site plan is enclosed on page'' 3(0 ACTION TO BE CONSIDERED ON THIS MATTER To either approve or deny the recommendation of the Finance Committee to approve the Indus- trial Revenue Bond application from Road Machinery & Supply Company in the amount of $3,500,000. 32 i CITY OF EAGAN, MINNESOTA 3795 Pilot Knob Road Eagan, MN 55122 APPLICATION FOR INDUSTRIAL REVENUE FINANCING REVIEW Eagan Associates. , (See Item 1IT9) BUSINESS NAME:Road Machinery & Supplies of Mpls. ,Inc.MINIMUM SIZE $500,000 LOCATION: 4901 W. 80th Street, Bloomington, AIN LAND: $ 450,000 BUSINESS FORM: General Partnership BUILDING $2,400,000* REPRESENTATIVE: Michael R. ;9fll, President, Ir.loSC EQUIPMENT: $ 150,000 PHONE: 835-3535 OTHER: $ 500,000 NATURE OF BUSINESS: Sales, leasing and servicing TOTAL: $3,500,000 of utility equipment Date: DETAILED COST BREAKDOWN: Land Acquisition & Site Development $ 450,000 Construction Contracts $ 2,200,000* Equipment Acquisition & Installation$ 150,000 Architectural & Engineering Fees $ 50,000* Legal Fees $ 25,000* Interest During Construction $ 150,000 Initial Bond Reserve $ -350,000 Contingencies $ 35,000* Bond Discount $ 70,000* Other $ 20,000* HISTORY OF APPLICANT 1. Have you ever been in bankruptcy? No 2. Have you ever defaulted on any bond or mortgage commitment? No 3. Have you applied for conventional financing? Prevailing conventional financing rates would be prohibitively high for this project 4. What are your future plans? To develop a home office, sales and leasing, and service facility containing approximately 70,000 sq. ft. on approxi.Mately 13.1 5. - List financial references: acres of land. a. First National Bank of Minneapolis - Jim Reissner b. National City Bank*- John Crinklaw 6. When will the construction period begin? Start: Spring 1980 Finish: 1981 7. Other comments: • 33 INFORMATION CONCERNING APPLICANT'S PROPOSED PROJECT ; 1. NEW FACILITY OR EXPANSION? This will be a new facility. 2. IhMUSTRIAL/COY..MERCIAL/RETAIL? Generally conmrcial. at least 3. ESTIMATE NUMBER OF NEW JOBS 120 ESTIMATED PAYROLL $3,000,000 4. IS THIS SITE PROPERTY ZONED & ARE UTILITIES AVAILABLE? Yes 1978 act: $34,600,000 5. ESTIMATE OF ANNUAL SALES 1979 est: $45,000,000 1977 act: $28,900,000 6 . POTENTIAL OTHER USES OF FACILITY Retail truck distributor or office warehouse facility. 7. WILL THERE BE MORE THAN ONE PHASE IN THE CONSTRUCTION OF THIS PROJECT? No 8. EXPLAIN HOW THIS FACILITY WILL NOT COMPETE WITH OTHER LOCAL- COMPANIES Borchert-Ingersoll Inc. , competes in some product areas. Several years ago they financed their project with tax-exempt financing. 9. WHAT WILL FINANCING ARRANGEMENTS BE; WILL THE FACILITY BE A LIMITED PARTNERSHIP? Eagan Associates, a general partnership, will build and lease the facility to Road Machinery & Supplies . The officers of Road, Machinery & Supplies are the general partners of Eagan Associates Date: ` 2 " SO Signed: (Title) : iIs, ,•� ;1$; _ r __. ..it > _ x i - } t Ohl }S*43 I i3tl A 7 ISIS I j 1 } tz I: } 4 I •� 1 1 1 '•Y7N- - ,y. �1 �f+Irk � 1�. � • 1~ �, t+'=• i i 1 1 1 1 • — O 1 .'L= - :moi : , �• ..t ------ Avwew won" _.rte. pl,�A I � , -' SLVER BELL. ROA ONO r rf 1 • M ' I . f f I ' Crwehea Tcrdc }t r I � ronv i /% I a �f } pate fo • >�!i1,�AN•r8•, r7 fue: - W purr" 'S Y •�Y.k '.� 1 ^A DIaCN tao eurfaoe ui � � I U ( j ecpmsion - -----�-� Ovoyee vow WA �47, ! t fr1 -1if,r 1�r !f`✓" � M,• 11 ti..�°r4 ►�@ n� �A,Lw rWarehouse expanm � I rtti�'"Y� �gkd'x� �� fa"Ifl"�4gar ,,i�. _- •_ .. �":�'�Yt"• ccm ttislarslir G*ho fenm N 1 •r drown ftig _my• :y�,jx PARING. 60 CARS.- `fr�c.,�i.�q, A. ,.� � '7�j� "� �� I i � I I � � j r ' ' � 1. � • ,.T � :�,�+�rlt F�. �1�rt��"r 4 � +rk�42�T�b'�gy"71 N p a '�{�t s N �#•,f vwt� tt �'lf.-6�i�t�,�r" 'V�1 'All I crJS� r ar ay�t e' •�sa'.�`,�,�1-�7+Sy �,�°.��y 9 w��y� r4'�:e� �'�.r 4� �tf�if.1?`;�.�1+�:-��h' i 1 47 T-4 \ I I X4 I I o i � - AI ,( i Ju Nlz ti I �'� '•��s� I ! — c-c o I I \ m ! L \ I \ I \ low I \_ -� cz Al y Agenda Information Memo February 1 , 1980 Page Eight, Old Business OFF-SALE LIQUOR LICENSE - MCCREA A. Off-Sale ,Liquor License Application for Mark` & Pamela McCrea -- At the last regular City Council meeting on January 15, 1980, an off-sale liquor license application submittedbyMark and Pamela McCrea was considered. It was the City Attorney' s opinion that an off=sale intoxicating liquor license could not be issued within 300 feet of a church . according to the Eagan intoxicating liquor ordinance #42. He also informed the City. Council that the State law does not inhibit the sale of intoxicating liquor within any specified distance from a school or church and therefore the 300 feet is a City requirement. The license application was continued until the February 5 , 1980 .meeting with the direction being that the City staff, City Attorney and City Administrator, review the , matter in-' detail and if a variance could be granted to the ordinance this procedure should be applied in a public hearing held at the February 5 meeting. - Further research on the ordinance made it clear that there was ,no provision for a variance hearing and that the only way of granting an intoxicating liquor license next to a church was to amend the intoxicating liquor ordinance #42 by repealing "within 300 feet of a church" language of the ordinance . Please refer to pages ��through - 'Sq for an opinion from the City Attorney' s office on this matter.--For further information regarding this matter,; please refer topages 41 and 42 of the January 15 , 1980, City. Council packet and also the off-sale liquor licgnse information supplied in your backet that was not given a page number for the last City Council meeting. I have notified Mr. and Mrs . McCrea about the City Attorney' s findings so they are not expecting a variance rearing at the meeting an Tuesday. ACTIONTO BE CONSIDERED ON THIS MATTER: To . either approve or deny an amendment to Ordinance #42. which would in effect delete the language "within 300 feet of a church". :57 PAUL H. HAUGE & ASSOCIATES, P.A. ATTORNEYS AT LAW 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST.PAUL),MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH January 21, 1980 AREA CODE-612 KEVIN W. EIDE TELEPHONE 454-4224 Mr. Thomas Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 RE: Granting of Liquor License where Premises are within 300 feet of a Church. Dear Tom: It is my understanding that Mr. and Mrs. Mark McCrea have requested a license permitting them to conduct off-sale liquor sales from the proposed James Refriger- ation 'site on Pilot Knob Road near County Road #30 presently under construction. The Eagan Intoxicating Liquor Ordinance No. 42, Section 42.05, Subdivision 8, prevents thegrantingof a license where the premises, in which the sales shall be made, are within 300 feet of a church. The Eagan Non-intoxicating Liquor Ordinance No. 43, Section 43.09, Subdivision 1, prevents the issuance of an on-sale liquor license within 300 feet and defines the manner in which the 300 feet is to be computed., I further understand, and the opinion is therefore based on the assumption, that the Charles James building is within.300 feet of the building of one church and the lot upon which another .church exists. The applicable State statutes do not reflect any restrictions on the issuance of an intoxicating or non-intoxicating liquor license with regard to the distance to a church. An opinion of the Minnesota Attorney's General office in 1952, 218-6711-A, is annotated as saying that a. sale of an intoxicating liquor. in a municipality within any specified distance from a school or church therein is not prohibited by State law. As the license restrictions is governed solely by the Eagan Ordinance provisions, the City Council could adopt any reasonable constructions of the wording consistent with any previous actions which the Council may have taken. For a non-intoxicating license, the ordinance wording makes it clear that the 300 foot distance is measured from the nearest point on the lot upon which the licensed business is located to the nearest point of the church building. For an intoxicating liquor license the wording is not so clear. Ordinance No. 42 uses the, word "premises" referring to the licensed business as opposed to "place" used in Ordinance No. 43. The Council could construe this as intending the building instead of the lot line. Secondly, Ordinance No. 42 (intoxicating) only states, "within 300 feet of any church" without specifying whether this implies the building or the lot upon which the church stands. "It would appear to be a more liberal construction, favoring the applicant, and consistent to Ordinance No. 43, to construe the recited provision as implying 300 feet to the church building. It appears that this restriction on intoxicating liquor sales applies both to on-sale and off-sale licenses. Other subdivisions of Section 42.05 apply to on-sale and to off-sale and there is no wording in Subdivision 8 to indicate that it applies to only 3'$ Page 2 January 21, 1980 Mr. Thomas Hedges one or the other. Based on the above discussion, if it is determined that the proposed licensed business.is "within 300 feet of the church" then only off-sale non-intoxicating liquor license may be granted. The City Council can, of course,- repeal the provision of .0rdinance Mo. 42 preventing; the issuance of an intoxicating liquor license. They may, however, subject themselves to possible criticism. If an amendment to the ordinance is considered, it should be based on city-wide concerns and not considerations applicable only to the present situation. I hope this- helps to clear up some of the questions you may have had concerning the application of the ordinance. Sincerely, Kevin W. Fide KWE:cdg Agenda Information Memo =- February 1 ; 1-980 Page Nine TAX EXEMPT MORTGAGE PROGRAM B. Tax Exempt Mortgage Program/Selection of Lendors, Program Ad- ministrators, Trustee & Insurance The Finance Committee met on January` 21 , 1980, with Mr. Dick Lincoln of Miller & Schroeder Municipals , Inc. , and Jim Holmes of 'Holmes & Graven to discuss the selection of lendors for the proposed Eagan Single Family Mort- gage Program. It has always been -the position of the Finance Com- mittee that the 'City consider the selection of lendors from its own community. This would make Mid-America National Bank of Eagan, First Minnehaha National Bank detatch facility in Eagan and Minne- sota Federal the eligible lendors . The Finance Committee and Mr. Lincoln have asked Jim Holmes , the City' s special legal, counsel for the Tax-Exempt Mortgage Program, to give an opinion as to whether the City . of Eagan can restrict the selection of- lendors to only those financial institutions located in its City. "Mr. Holmes ' opinion is that the City Council can restrict the selection of lendors to those located within the city. Please refer to a letter Mr. Holmes has addressed to the City Administrator on January 15 , 1980; a` copy is enclosed on pages A2 through A- for your reference. The Finance Committee felt —t at— . the City s ouZ d contact the -three lendinginstitutions to determine- whether they were' in- terested in participating in the program before a recommendation was made to the City Council at the meeting on -Tuesday. - The City Administrator met with" the 'manager of the Eagan Minnesota Federal office and it was doubtful on Friday, January 25 , 1980 as to whether Minnesota Federal would participate -in the program. Mr. Larry Kopp, manager ` of the Eagan Minnesota. Federal , was very enthused about the program, however., was concerned that' because Minnesota Federal did not participate in the Minneapolis or St. Paul issues it was questionable as to whether they would participate in the Eagan program. Mr. Kopp will take the matter before the Minnesota Federal Board . of Directors and is - hopeful that a determination can be made prior to the meeting on Tuesday as to whether they will participate. As of this ' morning, the program 'is being pre- sented to the Minnesota Federal Investment Board by a Vice Presi- dent . The final decision is expected to be made . in time for the Administrative Agenda to be sent . out on Monday, February 4. As- suming for a minute that Minnesota Federal does not participate , there is then a question as to. whether the City can .gain a favorable bond rating with utilizing only two lending institutions . It may be the case that the City will have -to seek a- third financial insti- tution as a lendox in , the program. This issue is being addressed by the consulting staff from Miller & Schroeder and the City Admini- strator with a recommendation hopeful for - the meeting on Tuesday. 40 - - Agenda -Information Memo --- February 1 , 1980 Page .•Ten Miller & Schroeder Municipals, Inc. , havesolicitedbids for program administrator, trustee and for the mortgage pool insurance- liability protection. A breakdown of the bids rcived -for those three func- tions will be provided to, the City Council with the Administrative Agenda on Monday. For a brief background on .what is a program administrator., trustee and mortgage pool insurance service , I thought I would offer the following comments : First of all , the grogram administrator is simply the financial institution which services all the 'mortgage loan program. Since the administrator is in' the business of making, selling,Ipurchasing and servicing mortgage. loans of all types, they would work directly with the lendor which in this case would be more than likely Mid- America National, Bank and the First Minnehaha National Bank detatch facility in Eagan. (Minnesota Federal Savings & Loan if they are interested. ) The mortgage pool insurance liability provides coverage of losses due to foreclosures (in excess of any coverage provided by any -private mortgage insurance policy) up to- a policy limit that has usually. been 10% of the initial aggragate principal amount- of the mortgage loan. 'There is also a second insurance which, is a special hazard ' insurance: ' which basically insures the mortgage pool . insurance liability program. In other words , if Eagan should suffer a calamity and lose a . large area to a fire, ` tornado or some other natural .disaster, the special hazard insurance would protect the mortgage pool insurance. ' This again shows the strength of the whole program in that the City of Eagan is not securing any of the bonds . The trustee performs all the City functions, which is basically handling money on the part of the City by investing the money, freeing. up money once the program administrator .says that a certain lendor is ready to close a mort- gage, and so forth. # 41 0 • Attorneys at Law 12 1 HOLMES & GRAVEN JAMF,S. Hot MIS �� ,r` CHARTERED_ DAY"u)L.GR1Yt] /� LARRY M. WI�RIIIItlM A� r fl r ) /'t,/74610 IDS Center, Minneapolis, Minnesota 55402 J)H] M. LtFtVRt.JR. ,l JOBS C. UIIEY .- y ROT R 1 J. I-I%[)AI-t I�Dn - Telephone 612,338-1177 it:ttREY R.BRAUCHIF. Of Counsel; KAI Ht RISE M. Hol.Nes e, I January 15, 1980 Mr. Thomas L. Hedges City Administrator City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Re: Proposed Eagan Single Family Mortgage Program/Selection of Lenders Dear Mr. Hedges: You have requested our opinion as to what. options are available .to the City of Eagan with regard to selection of lenders to participate in the City Single Family Mortgage Program. The controlling statutory provision is Minnesota Statutes,Section 462C.03, subd. 4 (Laws of Minnesota 1979, Chapter 306, Section 3): Subd. 4. Any financial institution as 'defined in Minnesota Statutes, Section 47.0151, doing business within the city which -is an approved FHA/VA or FNMA/FHLMC lender shall be eligible for consideration for origination of single family housing loans in any housing program. Other lenders may be eligible as provided in the program. Origination of loans in the program may not be limited to a single lender unless other eligible lenders are, not interested in participating or the program clearly sets forth why a public purpose would be served by confining participation to one lender. The statutory language, although unclear, can most reasonably be interpreted to create a pool of eligible lenders from which,the City may select institutions (more than one in number) which 'it wishes to include in its program. The City is expressly given the power to expand the pool by so providing in the.program. The power to select out of the pool must be inferred. The use of the term "eligible for consideration" impliedly vests in the City a discretionary power to impose additional reasonable requirements for participation in the program. The creation of this power is confirmed by the last sentence of the-statute. This restriction upon the City's right- to limit participation evidences the existence of that right. Therefore, the City may, in our opinion, require that participating lenders be located within the .City. 41 Mr. Thomas L. Hedges January 15, 1980 Page 2 If the City of Eagan chooses to limit participation in its housing .program to local lenders, it should set forth its reasons for doing so. This could be done at the time the origination agreements are approved. We assume the reasons include further— ance of the following legitimate City interests:" (1) ease of administration; (2) increased ability to accurately predict and therefore, prepare for the volume and timing of mortgage applications; (3) greater likelihood of dispensing committed funds within applicable time limitations. It should be noted, however, that Subsection D(7).of the Program for.the Issuance of Residential Mortgage Revenue.Bonds provides that "[-a] ny financial institution, . . ., doing business in the City . . . shall"be offered an opportunity to participate in the Program as an Originator." Before participation could be limited, this provision would have to be amended. The MHFA guidelines are unclear as to whether this amendment would be sufficiently material to require Agency review or approval. If the City decides to proceed with the proposed limitation, the necessity for submission to the Agency should at that time be .determined by consultation with the Agency. If you have any questions, feel free to call. Sincerely,, i James S. Holmes JSH:SG:mj cc: Dick Lincoln Paul Hauge 43 Agenda Information. Memo February 1 , 1980 Page Eleven SAFARI ESTATES - IMPROVEMENT NO. 19-17 CONTRACT AWARD C. Award and Execute Contract for Improvement. No. 19-17, Safari Estates Sewers, Water and Storm Sewer to Austin P. Keller Con- struction Company in the Amount of $791,400.00 -- The contract for Improvement #19-17 between the City of Eagan and Austin P. Keller Construction Company for making - utility improvements in Safari Estates is in order for consideration. ACTION TO BE CONSIDERED ON THIS MATTER: To award the contract and authorize the Mayor and City Clerk to execute the same on behalf of the City .of Eagan GORDON & DORIS LEIBEL REZONING AND PRELIMINARY PLAT D. Gordon & Doris Leibel for Rezoning from A. Agricultural, to LB, Limited Business , and Preliminary Plat at.-3850 Beau D'Rue Drive in Sections 19 & 20 - A public. was first held before the Advisory Planning Commission at their regular meeting on November 27 , 1979 , to consider a rezoning request from A, Agricultural , to LB, Limited Business, to allow an office building as petitioned by Gordon & Doris Leibel The APC has. approved the rezoning request and pre- liminary plat and is recommending to the City Council. This matL-z:-r was reviewed by the City Council at the December 18 , 1979, City Council meeting and tabled to request information on the parking plans for the property and provisions for parking and easements for Gold Trail and Beau D'Rue' Drive Because the developer did not have the parking plans ready before the January 2 , 1980 meeting, the item was further continued until the February 5 , 1980 meeting. The parking plan has not been submitted and it is the staff' s recom- mendation that this item be tabled. 44- Agenda Information. Memo February 1 , 1980 Page Twelve MONTESSORI SCHOOL - SILVER :BELL SHOPPING CENTER E. Consider Request to Set a Rehearing for Montessori School in Silver Bell Shopping Center -- A letter was received from Josiah E. `Brill, Jr. , the attorney for the owners of the Silver Bell Shop- ping Center,. requesting that the City -Council again consider the. Montessori School to be located at the Silver Bell Shopping Center. Mr. Brill has contacted members of the City staff, asking that they again review ;the application for the Montessori School . The City Administrator has directed the City staff ;to not proceed with any review until so directed by the City Council and only - upon further , considerationto review 'a special use permit to allow Montessori School in the Silver Bell " Shopping Center. A copy of the letter is enclosed on pages +10 through for your reference. ACTION .TO BE CONSIDERED ON THIS MATTER;. To either approve . or deny the request for a rehearing for the special permit application for the Montessori School in. Silver Bela,, Shopping Center, .and if approved, to set a date for the rehearing. 457 Y • GROSSMAN, KARLINS, SIEGEL & BRILL ATTORNEYS AT LAW MAURICE L.GROSSMAN S12 BUILDERS EXCHANGE BUILDING AREA COD[612 SHELDON D. KARLINS MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 339-7131 - RICHARD SIEGEL - JOSIAH.E.BRILL.JR. ALLEN C.JOHNSON OF COUNSEL THOMAS H.GOODMAN January / 19"0 28 f� ARNOLD A.KARLINS WOOD R.FOSTER.JR. JAMES R.GREUPNER n -KENT B.HANSON 12 ) JOHN S.WATSON 10 ,641-B �19�✓ W 19 City of Eagan 3795 Pilot Knob Road 9 Eagan, MN 55122 Attention: Dale Runkle, City Planner Re: Special Permit for Montessori School Silver Bell Shopping Center Dear Mr. Runkle: Pursuant to our previous conversation, I am writing you as attorney fortheowners of the Silver Bell Shopping Center and their prospective tenant, the Montessori School. The school applied for a special permit under Section 52 .09, Subdivision 7 of the Zoning Ordinance. The application_ went directly to the Council and it was denied some time in November of 1979. Unfortunately, the School representatives had not adequately prepared themselves for the Council hearing and were unable. to satisfy the Council on a number of questions that were raised. We are now in the process of obtaining a good deal of additional evidence to present to the Council on this application. The purpose of this letter is to request a rehearing of the special- permit application by the Council and that an early date be set for this hearing. I understand that you will pass on our request for a rehearing to the Council at its next meeting and if you feel that we should .be represented at that time, please let me know. Included in the new evidence we would present to the Council at a rehearing is a letter from the Department of Welfare (which licenses schools) indicating its approval of 46 • i t Page -two- - _ our proposed location; a letter of approval from your local Fire Department as to fire safety; letters from other schools that operate in shopping centers; a petition. from most of the thirty-five sets of parents whose children. presently attend the school; a petition from parents who wish to enroll their childreninour school , but whom we are unable to accommodate because of the limited size of our present facilities; and a detailed site plan prepared by the architects for the shopping center. I am sure Mr. Pope, our architect, will want to meet with you on the details of this plan before any hearing. We trust that our request for rehearing is just a matter of formality and should any difficulty develop in this regard, please let me know immediately. , Sincerely yours, Josiah E. Brill , Jr. , P.A. JEB:cm cc: Phomas Hedges Jim Klungness George Daniels Marshall Everson John Pope 4-7 Agenda Information Memo February 1 1980 Page Thirteen New Business TEMPORARY TRAILER PERMIT - GENERAL. COATINGS, INC. A. General Coatings , Inc. , 2805 Dodd Road, for Temporary Trailer Permit -for Office Use - Mr. Jim Imre, owner and president of General Coatings, Inc. , has made application for a temporary office trailer to be - located at 2805 Dodd Road. The trailer is 28' by 55 ' and consists of a -wood and metal modular mobile trailer. The trailer would only exist as a temporary off' ce until the new `office building is erected. Enclosed on page is a copy of a map indicating where the mobile trailer woul e ocated. ACTION TO BE CONSIDERED, ONTHIS MATTER: To grant or deny the re- quest for a temporary trailer permit for an office trailer to be located at 2805 Dodd Road' as described above 4 Agenda Information Memo February 1 , 198E Page Fourteen FINAL PLAT - CHES MAR EAST 2ND ADDITION B. Gabbert Development, Inc. , for Final Plat Approval of Ches Mar East 2nd Addition in Sec. 25 & 27 A final plat application was received from Gabbert Development, Inc. , for Ches Mar Fast 2nd Addition. The final' plat, development agreement, park dedica- tion and other conditions of the proposed development are expected to be ' satisfied. and in order for consideration. Enclosed on page / is a copy of the final plat. ACTION TO BE CONSIDERED ON THIS MATTER: To either approve or deny the final plat for Ches Mar East 2nd Addition as presented. 1 so CHES MAR EAST-- SECOND ADDITION s+aT WAS WIN�'M2S itf2la i7]i7 t X70 •f. �?� '••% � t�s'T Z�E • . . � sus M)e• rJps.w i Ao �• • $so • G�S • �i'�g M q00 y,�a' �+ a p.•� + i • 4'ii dl f�y+! 214" w..r PS a s?>sf 6 � 8 � S.9• .y .y� 3 � Mi°N,Mp,�.araaa LA&C +f4N C Nod ua ar v,,� r'!• ♦• a9 .40+.� !' 63.0 977, „s n e� ..ww ,y. ,z. ° ;i 4 y .Si ;•P *. 3 �M. e•22daouP Yes loci ° 4.S•• +, ° 4.w•w n• i i W g esu 5"s ,i � � ay Y�,� • f=��5.� ; w,. 'ay \ F 2 $, 10 m15000 , a `� b] . �. • 7 oat *6 4e • fy N09°S97�!M n Yui��•M.PARKv�Et odY nOa ^fir �. •.� ;8 l.,#7 V. i. -''T.• e.l b+s hfe' awr \±_ '. v�y ` +r •4 �. raq til to. +{ C., /•* fats-7a' ^ f ��^„ ate ..e•,.wSts "�4 0 _ 11 . R \, 12 \s\\E.�$ 6 S c / O j n 1 2re.)s •i.!!30'!s"� a J• '6 !\��j^~ \� ..�+ �• S�.i�O�d - ��'V y�'j$ .� 2222P `3 SCUT"WSST COfwte M OUTrOT A. Cwtf.was EAST TifST AwraIv NORTH LOCATION MAP SEC.26 t►27,Twi 27.ncE 23 27126 e rw O —rop 2200 1aq •EW ftftt r4 +tfT t I loch ?ect -- - -- C7ru .+eat line of tlatlot ••dT ..fl,^^ITiT AC:ITLJ17 10 w acs eaf� - _saua.,d t� have r Da•ar!ry, of• or:h oc�rres ::9 athu"as."3� "l '.�nat,3 1/. inch ty 1e trah trvn pipe manument set with n! at: e.n m.r.t.d !•T a-; . unlu Otne.'diZd Ohoae. _ •Dared s Tawe. '-' 1^.:h by 1: inch !rcn i.'.8••a.:.wAa rt, unless w saii•- >... fr'In arae :na uttatY e4Z neat are Shawn thus: !n Ind r! •n .:r •n St.. J ---- DELMAR H. SCHWANZ LAND SURVEYOR , Agenda Information Memo February 1 , 1980 Page Fifteen FISH LAKE OUTLET - IMPROVEMENT -#80-5 C Approve Plans & Specifications for Improvement #80-5 -for Fish Lake Outlet (#279) --. These plans and specifications have now been completed by the Consulting Engineer for the . Fish Lake Outlet . All the various easements are in the process f being secured by the City : with the exception of an easement across Mr. Jim Horne' s property. After several meetings with Mr. Horne beg-J.nning. early in December, a field review was mostrecently held with Mr. Horne on Monday, January 28. Consulting Engineer kosene, PublicWorks Director Colbert and City Administrator, Hedges reviewed the pro- posed location of the storm newer pipe and an open storm water- drainage area. Mr. Horne indicated that he, is not willing to give an easement to the City at this time" due to the fact 'that he has not prepared his development plans for the entire area. . The afore- mentioned staff discussed some possible alternatives with Mr. Horne and he seemed agreeable to, at least, discuss them in the future. The Engineering Staff would like to discuss the matter briefly with the City Council ; however, more than likely, there will be a , recommendation to continue this matter until the February 19 ,_ 1980, meeting to allow various alternatives to be discussed with Mr. Horne for his property or the possibility of running the storm sewer in a different location which -would not -affect his property but would entail additioral costs and `require further -easement from Dunn & Curry. . The public hearing for Project #279 'was held on August 7 , 1979 , at which time the Council ordered in the improve- ment and ordered the preparations of plans and specifications for Improvement #80-5. For your reference, enclosed on page is a map. . showing the proposed storm sewer pipe: line for the Fish Lake Outlet. ACTION TO BE CONSIDERED ON THIS MATTER: The City Staff will. discuss the matter and. request that the item be continued until the February 19, 1980 meeting. DUCKWOOD DR. CRESTRIDGE LA. N Y c 36"R.C.P. _ ENGLERT RD. FISH_`�i w 0 46IR 36"R.C.P. , CITY ��LAK 1 =1000, HALL P44 v WESCOTT . cr BLACKHAWK LAKE z - Y H O J CL DEERWOOD DR. a FISH LAKE OUTLET TRUNK STORM SEWER IMPROVEMENT PROJECT 279 MESTROO, ROSENE, ANDERUK & ASSOC,, INC. 49152 S3 CONSULTING ENGINEERS St.Pml, Nimesots Agenda Information Memo February 1 , 1980 Page Sixteen CONDITIONAL USE PERMIT RENEWALS " D. Renew Conditional Use Permits for La Pepiniere Montessori School and Dakota County CAC -- Conditional Use Permit renewals are in order forthe La Pepiniere Montessori School', Inc. , for a Montes- sori 'School ` located at the Easy Street Apartments ion Silver Bell Road and for the Dakota County" CAC for the Shelter for Battered Women located at 4750 Cedar Avenue South. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the Conditional Use Permit renewals for La Pepiniere Montessori School and Dakota County CAC. VACATION OF UTILITY EASEMENTS-BLOCK 1, WILDERNESS RUN IST ADDITION E. Receive Petition to Vacate. Utility Easements from 'Residents of Block 1, Wilderness Run 1st Addition and Set. Public- Hearing for March 4, 1980 -- After platting the lot lines in Block 1,- Wil- derness Run 1st Addition, the lot lines were shifted, the street stub was realigned and a portion of the street was vacated and a new dedication for the street was, given. The developer petitioned the court to vacate the utilities however, the Deterts are selling their . property and the legality of the court procedure is being questioned, so Mrs . Detert is circulating a petition among the . affected property owners . A copy of that petition has not been received at this time If it is not received before Tuesday' s meeting, this Agenda item will be dropped. s/Thomas L. Hedges ity A ministrator