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11/14/1980 - City Council RegularOF MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 14, 1980 SUBJECT: AGENDA INFORMATION After approval of the November 5 ,1980 regular City Council minutes and the November 18 , 1980 City Council Agenda, the following items are in order for consideration: The City has authorized and approved thirty-two ( 32 ) public improve- ment projects since June of 1980 that must be funded through the sale of a public improvement bond to cover construction costs . All these projects were authorized after the July, 1980 public improvement bond was initially proposed and sold. A rating is required for each bond issue; therefore, Miller & Schroeder will request a rating to be used for this sale . Mr. Ernie Clark of Miller and Schroeder Municipals , Inc. , will be present to recom- mend that a resolution be approved authorizing the public improve- ment bond sale for which bonds will be dated December 1 , 1980 , with a public sale scheduled for December 17 , 1980. The City Coun- cil would then review the bids and make a recommendation at a. December 17 , 1980 meeting. The Director of Finance has reviewed all the project costs with the Consulting Engineer, Fiscal Consul- tant and City Administrator and finds the bond amount of $3 ,650 ,000 as advisable for this public improvement offering. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the resolution to set the date of December 17 , 1980 to receive bids for the sale of $3 ,650,000 of public improvement bonds . 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 at this time for the Police Department. PARK DEPARTMENT C. Park Department -- There are no items to be considered at this time for the Park Department. OF Agenda Information Memo November 14, 1980 Page Two PUBLIC WORKS DEPARTMENT D. Public Works Department -- Item #1 : Boulevard Tree and Stump Removal Policy -- Currently, the___P_ub_1Tic Works Maintenace Division has been following the policy which provides for the maintenance responsibilities of boulevard areas to lie with the fronting property owner on any particular street . All vegetation establish- ment and maintenance must be provided for by the property owner. The City staff had not experienced any problems with the current policy until lately: As a result of the severe windstorm which hit Eagan on July 15 , combined with increasing development in heavily wooded areas during the past few years , there have been a considerable number of requests pertaining to the City removing diseased, damaged and/or dead trees from the boulevard area, including stump grinding removal and appropriate black dirt and sod replacement . The only maintenance the City staff has been performing on these trees pertains to trimming of appropriate limbs and branches to insure adequate sight distance to regulatory traffic control signs . During the past two years , during plat application reviews of heavily wooded areas , the City has been concerned with preserving as many of the natural trees as possible during the development of any particular subdivision. Consequently, the boule- vards are not cleared of all trees during the grading operations . With construction of utilities , streets and individual lot land- scaping, several of these trees become damaged to the extent that they eventually die three to four years later. When this happens , the developers are normally no longer involved in the development and problem reverts to the property owner. Subsequently, the property owner calls the City and requests removal of the impacted tree due to its location within City right-of-way. Staff would like to receive some concurrence and direction from the City Council as to what level of service should be provided for tree and stump removal along public boulevards due to diseased, damaged or natural death. This policy directive should deal both with removal and restoration of boulevard areas . ACTION TO BE CONSIDERED ON THIS MATTER: To provide direction regarding service for providing tree and stump removal as well as restoration on public boulevards due to trees being diseased, damaged or natural death. Item #2: Project #241, Replacement of Individual Lot Property Irons During the construction of streets and utilities in the Lakeside Estates , Saddlehorn, and Dodd Road area, certain property survey irons were disturbed by construciton activities . The City has received four (4) requests for replacement of these property irons . It is estimated that the cost will be approximately $1 ,400 Agenda Information Memo November 14, 1980 Page Three to replace the requested property corners by a registered land surveyor. This item was not covered under the specifications for this project ; and, consequently, it is not the responsibily of the contractor to replace those disturbed irons . The property irons for the four (4) property owners that have requested replace- ment have been documented as having been there prior to construction activity. However, a quick review of all property irons within the above affected subdivisions indicates that approximately 90% of the irons are not in place . It is not known whether they were disturbed by the City' s construction activity or by the construction of the respective dwelling units on that property during landscaping procedures . To reestablish all property irons that are not available at the present time would cost approximately $3 ,800 to $5 ,000 for both Lakeside Estates and Saddlehorn Additions . The City is concerned that , once a survey crew establishes _one or two property corners in a subdivision, it is most likely that several additional property owners will then submit requests for their irons to be replaced. Without knowing whether it was through City construction activity that corner property irons were disturbed or destroyed and due to the anticipated expenditure , the City staff is hesitant to authorize the replacement of any property irons . The staff would like some direction from the City Council as to what extent the City should go in replacing the property irons in an existing subdivision. In newly developed subdivisions , the developer is responsible for replacing all lot irons after construction of streets and utilities . ACTION TO BE CONSIDERED ON THIS MATTER: To provide direction to the City staff regarding the replacement of property irons in the Saddlehorn and Lakeside Estates Subdivisions , as well as the Dodd Road area. TAX ABATEMENT - JAKE O'TOOLE Mr. Jake O'Toole of the Dakota County Assessor' s Office is proposing that the assessed value for property for Eagan Realty, Inc . , be reduced. Enclosed on page is a copy of the proposed abatement as prepared by Mr. O'Toolee t�iat also contains a map as prepared by the Engineering Department showing the location of the recom- mended abatement . ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the reduction in value for Eagan Realty, Inc. , as recommended by Mr. O'Toole from the Dakota County Assessor's Office. Agenda Information Memo November 14 , 1980 Page Four There are fourteen ( 14) items on the agenda referred to as Consent Items requiring one ( 1) motion by the City Council . If there are any items which the City Council would like to discuss in further detail , those items should be removed from the Consent Agenda and placed under Other Business unless the discussion required is brief. This will allow the Mayor to proceed with the Public Hearings as legally noticed at 7 :00 p.m. SIGN COMMITTEE A. Radification of Sign Committee -- The following individuals are willing to serve on a special sign committee to study general business and billboard sign advertising adjacent to freeways located within the City. Those persons to be considered are City Council- members Egan and Smith; Advisory Planning Commission Members Krob and Gits ; Mr. Martin Colon, representing Federal Land Company (Business Community) ; Mr. Richard Ragan of the Nagle Outdoor Ad- vertising Company (Billboard Signs ) ; and Mr. Mike Gifford, Laurence Sign Company (Business Signs ) . All of these individuals have been contacted and are willing to serve as a member of this special subcommittee to the City Council . ACTION TO BE CONSIDERED ON THIS MATTER: To approve these appoint- ments to the Sign Committee. 1981 LIQUOR, BEER & WINE LICENSE RENEWALS B. 1981 Liquor, Beer and Wine License Renewals -- The 1981 on- sale beer license , off-sale beer license, on-sale liquor license ,, club license , wine license and off-sale liquor license renewals are in order for consideration. A copy of the licenses to be consi- dered for renewal is enclosed on pages through for your review. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the various liquor and beer license renewals for 1981 as presented. Agenda Information Memo November 14, 1980 Page Five CHANGE ORDER #7 - FIRE STATION #3 C. Approve Change Order#7 for Fire Station #3 -- This change order provides for the installation of the fifty amp circuit for the air conditioner on the roof and the installation of a ground fault receptacle according to building code (at $769 . 59 ) . Part Two provides for a deduction from the total contract for the final grading, top soil establishment and seeding which was performed by the Parks Maintenance Division (deduct $1 ,184) . The net effect of this change order provides for a total deduct from the contract in the amount of $414.41 . ACTION TO BE CONSIDERED ON THIS MATTER: To approve Change Order #7 , providing for a deduct of $414.41 . FINAL PAYMENT - FIRE STATIONS #1 & #3 D. Approve Final Payment for Fire Stations #1 and #3 -- A final inspection of the addition to Fire Station #1 and the new construction of Fire Station #3 was held on November 12 , 1980 by the Fire Chief, Fire Marshal , Public Works Director and contractor. All items previously referenced on a correction punch list have been satisfactorily completed. ACTION TO BE CONSIDERED ON THIS MATTER: To authorize final pay request #9 to Switzer Construction Company in the amount of $28 ,546 .47 . CONTRACT 80-23 - CHANGE ORDER #1 E. Approve Change Order #1 for Contract 80-23 (Highline Trail) -- Change Order #1 for the above referenced contract provides for a section of concrete curb and gutter that had to be removed at Rahn Road to provide the appropriate bicycle ramp for the trail crossing at that point . The total amount of Change Order #1 is $250. ACTION TO BE CONSIDERED ON THIS MATTER: To approve Change Order #1 to Contract 80-23 , Project 230, in the amount of $250 to Barber Construction Company. Agenda Information Memo November 14, 1980 Page Six CONTRACT 80-23 - FINAL PAYMENT F. Approve Final Payment for Contract 80-23 (Highline Trail) - The City has received a certification from the Consutling Engineer that this contract has been completed in accordance with the plans and specifications as approved. The Director of Parks and Recrea- tion has reviewed this project and also recommends approval of the project for final payment . The final contract amount is $10 ,169 . 74, under the original contract amount revised by the pre- viously referenced change order. The reason it is lower than anti- cipated is primarily due to the omission of approximately 1 ,000 feet of bike trail where I-35E construction will change the ground contours . ACTION TO BE CONSIDERED ON THIS MATTER: To approve final pay re- quest #2 to Barber Construction Company, Inc . , in the amount of $3,132. 11 . CONTRACT 80-12 - CHANGE ORDER #1 G. Approve Change Order #1 for80-12 (Pumphouse #6) -- This change order consists of five parts . ' Part one providesfor the increase of the clorine booster pump from two horse power to three horse power (add $341 . 55 ) . Part two provides for a deduct for use of concrete blocking on water main in lieu of tie rods (deduct $59 . 50) . Part three is a minor electrical wiring change necessitated by a 200 HP pump in lieu of the originally 150 HP pump (add $555 . 34) . Part four is to relocate master control center in pump house for better accessibility (add $454.05) . Part five provides for the addition of a cooling unit (add $6 ,596 ) . The total Change Order #1 amounts to $7 ,88.7 . 64. ACTION TO BE CONSIDERED ON THIS MATTER: To approve Change Order #1 to Contract 80-12 (Project #286 ) in the amount of $7 ,887 .64. CETA AGREEMENT - DIANE PIEPER H. Execute CETA Agreement for Diane Pieper, Landscaping Aide - The Director of Parks and Recreation has requested, through the Dakota County CETA Program, the hiring of a Landscape Aide. Diane Pieper was . recommended to the City and accepted employment on October 22 , 1980. Her hourly rate of pay is $4.00 and will increase to $4.25 after completion of the first six months . This CETA allo- cation is for one year with the anticipated termination date of October 26 , 1981. This person will provide drawings for the Parks Department , as well as other departments , and has already provided Agenda Information Memo November 14 , 1980 Page Seven a great deal of benefit for various reports prepared in the Depart- ment of Parks and Recreation. ACTION TO BE CONSIDERED ON THIS MATTER: To approve the CETA Agree- ment for the employment of Diane Pieper as a Landscape Aide. PROJECT #323 I. Receive Petition, Order Feasibility Report for Coachman Land Company 2nd Addition -- The City has received a petition from the developers of the above referenced subdivision and are re- questing preparation of the feasibility report for streets and utilities for Coachman Lane Company 2nd Addition. ACTION TO BE CONSIDERED ON THIS MATTER: To accept the petition and order preparation of a feasibility report for Project #323 , Coachman Land Company 2nd Addition. PROJECT #324 J. Receive Petition, Order Feasibility Report for Safari at Eagan (Project #324) -- The City has received a written petition from the developer of the Safari at Eagan subdivision requesting prepara- tion of a feasibility report for the installation of streets and utilities. ACTION TO BE CONSIDERED ON THIS MATTER: To receive the petition and order the preparation of a feasibility report for Project #324 (Safari at Eagan) PROJECT #325 K. Receive Petition, Order Feasibility Report for Timberline Addi- tion (Project #325) -- The City has received a petition from a majority of the property owners in the Timberline Addition, re- questing the installation of street lights . The wording in the petition was as follows : "We , the residents of Timberline, request that the City of Eagan have NSP do a feasibility study on street lighting for our residential area." It is the recommendation of the Staff that the feasibility report be prepared and that the appropriate public hearing be held. ACTION TO BE CONSIDERED ON THIS MATTER: To receive the petition and order the preparation of a feasibility report for Project #325 (Timberline Addition street lights) . Agenda Information Memo November 14, 1980 Page Eight TAX EXEMPT FINANCING -- E.L. MURPHY TRUCKING CO. L. Establish a Public Hearing to Consider Tax-Exempt Financing for E. L. Murphy Trucking Company ($2,000,000) for 12-16-80 -- The City has received an application with support information from Miller & Schroeder Municipals , Inc . , representing E. L. Murphy Trucking Company, that requests that a public hearing be held to consider a $2 ,000 ,000 tax exempt mortgage issue for the purpose of financing a two story ( 20,550 sq. ft .) office building and the remodeling of an existing office building. A public hearing is scheduled for 12-16-80 City Council meeting. ACTION TO BE CONSIDERED ON THIS MATTER: To establish a public hearing to consider tax exempt financing for E. L. Murphy Trucking Company ( $2 ,000,000 issue) for 12-16-80 meeting. TAX EXEMPT FINANCING-- PILOT KNOB ASSOCIATES M. Establish a Public Hearing to Consider Tax-Exempt Financing for Pilot Knob Associates ($5,500,000) for 12-16-80 The City has received an application with support information from Miller and Schroeder Municipals , Inc. , representing Pilot Knob Associates , requesting a public hearing be held for the purpose of considering a $5 ,500 ,000 tax exempt mortgage issue for the purpose of financing a 104,948 sq. ft. shopping facility east of Pilot Knob Road, north of Krestridge Lane . A public. hearing is scheduled for 12-16-80 City Council meeting. Pilot Knob Associates has made application for a preliminary plat and rezoning, said applications to be heard at a public hearing before the Advisory Planning Commission at their next regular meeting on November 25 , 1980. If action is taken by the APC at that meeting, the City Council would hear these items at the December 16 , 1980 City Council meeting. If the APC is not able to take action and make a recommendation to the City Council at the 11-25-80 meeting or if action is recommended and the City Council needs additional time, the public hearing would be rescheduled until a later date. Action must be taken on any Planning Commission items by the City Council before a public hearing can be considered for tax exempt financing. ACTION TO BE CONSIDERED ON THIS MATTER: To establish to public hearing to consider tax exempt financing for Pilot Knob Associates ( $5,5005000 issue) for 12-16-80 meeting. Agenda Information Memo. November 14, 1980 Page Nine CONTRACT 80-1 FOR FINAL PAYMENT N. Final Payment for Contract 80-1 (Eden Addition Utiliites) The City has received a certification from the Consulting Engineer that all utilities for the above referenced contract have been constructed inaccordancewith plans and specifications . Inspec- tions have been performed by the City Maintenance personnel . This project came in $10,501 .04 of 3 .6% under the revised contract amount . ACTION TO BE CONSIDERED ON THIS MATTER: To approve final payment request #5 to Erickson Construction Company in the amount of $4,086 . 50 to for Contract 80-1 (Project #287A) . IMP. 319 A. Imp. 319 for Storm Sewer Trunk Improvements in Section 12 to the Area of Burr Oak Pond and Eagandale Center Industrial Park #3 Pond --- On September 16 , 1980, the City Council , during its consideration of the public hearing for Project 182R (T.H. 55 Storm Sewer) , a feasibility report was ordered for preparation before final consideration could be given to that project . The feasibility report was presented to the City Council at the October 21 meeting and the public hearing scheduled for the 11-18-80 meeting. All property owners to be assessed by this project were legally noticed. In addition, special informational letters were sent to property owners whom the City will be contacting to acquire the necessary easements to construct the project. Enclosed on pages through is a copy of the preliminary report prepared by the insulting n�neering firm of Bonestroo, Rosene, Anderlik and Associates for your information. Also enclosed on page is a copy of the informational letter sent out to the peop — Enclosed on pages through is a copy of ' the projected assessments for Project 319 , based—on report costs . Please note , procedurely, the City staff is attempting to prepare a projected assessment sheet for all feasibility reports presented in the future to the City Council . ACTION TO BE CONSIDERED ON THIS MATTER: To close the public hearing and to either approve or deny the project as proposed. Agenda Information Memo November 14, 1980 Page Ten IMP. 182R B. Imp. 182R for Storm Sewer Trunk Improvements to Area of State Highway #55 East of State Highway #49 in N� of Section 12 -- At the September 16 , 1980 City Council meeting, a public hearing was held to consider Project #182 , which was updated. into Project #182R, providing for the storm sewer outlet from the pond adjacent to T.H. #55 into the Burr Oak Pond Outlet. During the public hearing there was concern expressed regarding the capacity capabilities of the Burr Oak Pond and the storm water outlet . The City Council continued the public hearing until the feasibility report could be prepared and reviewed pertaining to Project #319 (Burr Oak Pond Trunk Storm Sewer Outlet) . At the October 21 , 1980 City Council meeting, the feasibility report for Project #319 was presented and discussed with the Council . It was then determined that it would be advisable to have a joint public hearing to discuss both projects at the same Council meeting. The official public hearing for Imp. 182R was continued until November 18, 1980 with the direction to the City staff to officially notice all affected pro- perty owners concerning this public hearing continuation. For additional .information on this project , please refer to pages 14 through 19 of the 9-16-80 Agenda Information Packet . If any member of the City Council is missing a copy of this report , please contact the Administrator' s office, and a copy will be provided with the Administrative Packet on Monday. ACTION TO BE CONSIDERED ON THIS MATTER: To close the public hearing and either approve or deny the project as proposed for the instal- lation of T.H. 55 Storm Sewer Outlet. c CEDARVIEW ADDITION A. Final Plat for Cedarview Addition -- The office of the City Administrator was contacted by the developer of the Cedar View Addition, requesting that his item be continued until the 12-2- 80 City Council meeting. ACTION TO BE CONSIDERED ON THIS MATTER: To continue further consi- deration on the final plat for Cedarview Addition until the 12- 2-80 City Council meeting. Agenda Information Memo November 14, 1980 Page Eleven FINAL RESOLUTION -- CARSON PIRIE SCOTT B. Final Resolution for I.R. Financing for Carson Pirie Scott & Co. -- Consideration for final resolution for I .R. financing for Carson Pirie Scott & Co. was continued from the November 5 , 1980 City Council meeting due to lack of representation by the applicant . A letter was sent to the attorney representing Carson Pirie Scott and Company by the City Administrator stating that this item would be placed on the 11-18-80 meeting and stating that attendance is required if the matter is to be considered by the City Council . In a telephone conversation with Mr. Bill Taylor, legal counsel for Carson Pirie Scott and Company, it appears that representatives of that company or Mr. Taylor will be present to discuss their agenda item at the meeting on Tuesday. There may be more to come on this agenda item with the Administrative Packet on Monday. For additional information regarding this final resolution applica- tion, refer to pages 73 through 78 of the November 5 , 1980 City Council Agenda Information Packet. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the final resolution for I .R. financing for Carson Pirie Scott and Company. PRELIMINARY PLAT OF MARI ACRES 2nd ADDITION A. Hillcrest Development Corporation for Preliminary Plat Con- sideration of Mari Acres Second Addition and Detailed Site Plan for Phase I of a Community Shopping Center District -- A public hearing was held by the Advisory Planning Commission at a regular meeting held on October 28 , 1980 to consider an application for preliminary plat and detailed site plan for Mari Acres Second Addi- tion. Action was taken by the APC to recommend approval of the preliminary plat and detailed site plan, with the preliminary plat being subject to twelve ( 12 ) conditions . For additional information on the matter, please refer to the report prepared by the- City Planner, a copy of which is enclosed on pages through for your review. For a copy of the action that was taken y�tie APC, please refer to the minutes , a copy of which is enclosed on pages through The City Planner will have informa- tion regar-ding the overall site plan available on Monday; copies will be distributed with the Administrative Packet . If members of the City Council desire larger drawings of any of the information provided with the report , please contact the City Administrator' s office and this information will be made available with the Ad- ministrative Packet on Monday. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the preliminary plat and detailed site plan as recommended for approval by the APC. Agenda Information Memo November 14, 1980 Page Twelve REZONING AND PRELIMINARY PLAT FOR OVERHILL FARM ADDITION B. Overhill Properties , Inc. , for Rezoning from A to R-1 and R- 2 and the Preliminary Plat for Overhill Farm Addition -- A public hearing was held at the October 28 , 1980 APC meeting to consider applications for rezoning and preliminary plat as submitted by Overhill Properties , Inc. Action was taken by the APC to recommend approval to the City Council for both the rezoning and preliminary plat . The preliminary plat was recommended for approval with eleven (11 ) conditions . For further information on this agenda item, please refer to the City Planner' s report ; a copy of which is en- closed on pages through For information regarding the action taken -y-THe APC, pleas- to page for a copy of the official minutes . If any member of the City--Council desires any larger drawings regarding any aspect of the proposed preliminary plat , please feel free to contact the City Administrator' s office and copies will be made available. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the APC to approve the rezoning and preliminary plat entitled Overhill Farm Addition. Agenda Information Memo November 14, 1980 Page Thirteen EAGAN 40 PUD C. Eagan 40 Limited partnership for Revision to a Planned Develop- ment -- A public hearing was held to consider the revision of the Morton Planned Development , entitled Eagan 40 Planned Development , at the Advisory Planning Commission meeting held on October 28 , 1980 . The APC is recommending approval of 'the Eagan 40 Limited Planned Development with four (4) conditions . For additional in- formation on the matter, please refer to the report prepared by the City Planner, found on pages through For ad- ditional information regarding the act o taken by tFie�PC , please refer to a copy of the minutes enclosed on page If any of the larger maps would be helpful in the review process , please contact the City Administrator' s office and a _copy would be made available. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the APC to approve the Eagan 40 Limited Planned Development . Agenda Information Memo November 14, 1980 Page Fourteen BICENTENNIAL SIXTH ADDITION- PRELIMINARY PLAT D. Federal Land Company for Preliminary Plat Entitled Bicentennial Sixth Addition and Detailed Site Plan -- A public hearing was held at the October 28 , 1980 APC meeting to consider a detailed site plan and preliminary plat application for Bicentennial Sixth Ad- dition, consisting of approximately 2 . 3 acres and containing one lot and one outlot . Action was taken by the APC to recommend approval of the preliminary plat for the Bicentennial Sixth Addition to the City Council . For additional information on the matter, please refer to the City Planner' s report , a copy of which is en- closed on pages through for your reference. For ad- ditional information regarding the action taken by the APC, please refer to page for a copy of the minutes . If a larger drawing is desired to prov ie further review on this agenda item, please contact the City Administrator' s office and a copy will be provided. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the APC to approve the preliminary plat entitled Bicentennial Sixth Addition. Agenda Information Memo November 143 1980 Page Fifteen WAIVER OF PLAT FOR MEADOWLAND FIRST ADDITION E. Son' s Construction Company for Waiver of Plat to Subdivide 5 Duplex Lots for Single Ownership in Meadowlands First Addition -- A public hearing was held on October 28 , 1980 by the APC to consider an application for waiver of plat in order to subdivide five ( 5) duplex lots for single ownership. The lots are 1 through 5 , Block 4 of Meadowlands First Addition. Action was taken by the APC to recommend approval to the City Council subject to two (2 ) conditions . For additional information on the matter, please refer to the City Planner' s report , a copy of which is enclosed on pages through for your reference . For action taken by the A�refer to a copy of the minutes enclosed on page ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the APC to approve the waiver of plat for Meadow- lands First Addition. Agenda Information Memo November 14, 1980 Page Sixteen BOYER TRUCK & EQUIPMENT F. Boyer Truck & Equipment for Philip Maas for Conditional Use Permit for Outside Storage at Sibley. Terminal Industrial Park - A public hearing was held at the October 28 , 1980 APC meeting to consider a conditional use permit application to allow outside storage for trucks for Boyer Truck and Equipment , Inc . Action was taken by the APC to recommend approval of the application to the City Council subject to four (4) conditions . For additional information regarding this matter, please refer to the report pre- pared by the City Planner, a copy of which is found on pages through For action that was taken by the APC, please refto a copy the minutes enclosed on page If larger er drawings are desirable to review this agenda item—,please contact the office of the City Administrator. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the Advisory Planning Commission to approve the conditional use permit for Boyer Truck & Equipment Company. Agenda Information Memo November 14, 1980 Page Seventeen CONDITIONAL USE PERMIT - PATRICIA MILER G. Patricia Miler for Conditional Use Permit for Carry-Out Food in Hilltop Estates -- A public hearing was held by the APC at the October 28 , 1980 meeting to consider a conditional use permit appli- cation submitted by Patricia Miler to allow carry-out food in a neighborhood business district . Action was 'taken by the APC to recommend approval of the application to the City Council with no conditions . For additional information on the matter, please refer to the report prepared by the City Planner, a copy of which is found on pages through For action taken by the Advisory Planning ommisslon, please reamer to the minutes , a copy of which is enclosed on page ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the recommendation of the Advisory Planning Commission to approve the conditional use permit for Patricia Miler. Agenda Information Memo November 14, 1980 Page Eighteen . 0101 a 0 0 ADMINISTRATIVE TRANSFER A. Administrative Transfer Increase -- This item is to be continued until the December 2 , 1980 City Council meetin4. ACTION TO BE CONSIDERED ON THIS MATTER: To approve continuation of further . discussion regarding an increase in the administrative transfer until the 12-2-80 meeting. ASSESSMENT PERIOD POLICY B. Assessment Period Policy for New Development -- At the last City Council meeting, 11-5-80, a request from Brittany Estates , Inc . , to extend the assessment period for streets and utilities from five years to ten years was continued and the City Administra- tor was directed to review an assessment period policy for new development in further detail . The City has practiced a policy in which assessments for new developments are spread for five ( 5) years . However, in cases where the developer has requested addi- tional years such as ten or fifteen, in most cases , the extension for the assessment spread has been granted by the City Council . However, the extension can only be approved if the public improve- ment bond which includes the subject project has not been sold. In reviewing some previous projects , all the Mallard Park Additions , Thomas Lake Heights Additions , Johnny Cake Ridge Additions , Cedar Cliff Additions and Ches Mar Additions have all been spread at five ( 5 ) years . Assessments for Brittany First Addition, Lake Park Shores , Park Cliff and First Minnehaha were spread at fifteen and ten years . These exceptions were approved by the City Council . The whole question of an assessment period for public improvements constructed for developers was reviewed by the Fiscal Consultant , Mr. Ernie Clark of Miller & Schroeder Municipals , Inc. , with the Director of Finance and City Administrator. Public improvement bonds are sold for a duration of time equaling the longest assess- ment spread. As an example, the public improvement bond sale con- sidered early in this agenda packet includes 32 different projects . The bond debt retirement schedule was established at 15 years . The reason the bonds are set for fifteen (15) years is that seven ( 7 ) of those projects were assessed over fifteen years . All seven of those projects were projects located in developed areas . Six projects were spread at ten years , all of which are streets in developed areas except for First Minnehaha Addition which is a new development. The other nineteen projects , with the exception of the Wilderness Run street lights and Econ Lab water main, are in new developed areas or developer oriented projects which were IF Agenda Information Memo November 14, 1980 Page Nineteen spread at five years . According to Mr. Clark, if the Brittany Second and Third Addition utilities and streets were spread for ten instead of five years , the cost, of interest for the additional five years would be approximately $100,000. The City has been successful in maintaining a low interest rate on its public improve- ment bond issues while maintaining a good bond rating because most of the projects contained in all of the public improvement bond issues have an assessment pay back of five years . If the average life of a bond issue becomes longer, this has a compounding effect on total interest paid since it will be for a longer period of time at a higher rate. Mr. Clark is concerned that , if the City considers extending the assessment period for any projects at the petition and guarantee by developers , the City could receive an adverse effect on the City' s bond rating. The rating agency is already asking about the volume of bonds that the City is selling. Another concern, possibly of less consequences , could include the encouragement of marginal developers and related schemes attempting to take advantage of the relatively low cost money. There will be an impact on the City' s operating costs in trying to maintain adequate records for and control of additional assessment bonds as the volume increases . The question as to whether a city' s bonding authority should be used to subsidize developers ' specula- tion is a public policy question that must be addressed if assess- ment spreads for new developments should be allowed to extend fur- ther than five years . It is the recommendation of the City Ad- ministrator that the assessment period for all new development remain at five years . ACTION TO BE CONSIDERED ON THIS MATTER: To either approve or deny the request of Brittany Estates , Inc. , to' extend the assessment period from five to ten years for streets and utilities in the Brittany Second and Third Addition. Also a reaffirmation of the present policy to assess new development for a period of five years unless the public improvement bond has not been sold and there are extenuating circumstances that would allow the City to consider a longer assessment period for a given development . IF Agenda Information Memo November 14, 1980 Page Twenty PROJECT#247 -- BLACKHAWK LAKE STORM SEWER OUTLET C. Project #247 for Blackhawk Lake Outlet Easement Acquisition -- During the easement acquisition process with the above referenced project , contact has been made with Mr. Cy Barry located on Black- hawk Road. Mr. Barry has four (4) conditionp he wants the City to comply with before he will execute the agreement . The City staff agrees with and is planning to perform items 2 and 3 referenced in his letter for the contract. However, items 1 and 4 are felt to be excessive demands for consideration of the easement acquisition. Enclosed on page is a copy of Mr. Barry' s letter for your reference. ACTION TO BE CONSIDERED ON THIS MATTER: To provide City Council direction in regards to future negotiations with Mr. Barry regarding his easement acquisition. IF Agenda Information Memo November 14, 1980 Page Twenty-One PROJECT #285 - Silver Bell Road Utility Update D. Project #285 for Silver Bell/Wuthering Heights Utility Update -- A meeting was held on Wednesday evening, November 12 , 1980, at Mr. William Hazel ' s house for several of the property owners affected by the proposed project. The City staff prepared a revised update, preliminary assessment role , taking into consideration all cost increases associated with a reduction in the project ' s scope, all possible cost increases associated with winter con- struction and a comparison of estimated _ assessment figures for the City performing the restoration vs . the property owners per- forming their own restoration. At this informational neighborhood meeting, nine of the seventeen affected property owners were present. The following three ( 3) questions were presented to the people in attendance : 1 . Taking into consideration the revised estimated assessment costs , do they still wish to proceed with the project? (unanimously, yes ) 2 . Taking into consideration the estimated costs associated with deletion of the restoration in the contract , do they wish to perform their own restoration? (unanimously, yes ) 3 . Taking into consideration late fall/winter construction, do they still wish the City to proceed with the project as soon as possible? (unanimously, yes ) Itwasfully explained to all the property owners all the ramifi- cations in that property owners should expect to perform their own restoration if the contractor performs late fall/winter con- struction. They were also advised that the costs presented at the meeting represent estimated assessment costs and that there is always a possibility for unexpected construction costs due to poor soils , frost , etc. A verbal commitment was received from the one remaining property owner from whom an easement is yet to be obtained. Surveyors will be preparing the legal documents for their execution within the next several days . Due to results of the informational meeting, the Director of Public Works has authorized the contractor to begin construction immediately. Public Works Director Colbert will answer any additional questions the Council may have regarding the project at the meeting. This item is informational and does not require any action. IF Agenda Information Memo November 14, 1980 Page Twenty-Two PROJECT #240 FOR DREXEL HEIGHTS STREETS E. Project #240 for Drexel Heights Streets - Schedule for Rehearing for Final Assessment Role -- Staff, in conjunction with the Consul- ting Engineer, has performed a detailed project cost analysis of Project #240. This analysis indicates that the assessment spread as presented to the Council at the September 24, 1980 special meeting did not represent a fair and equitable assessment to all associated benefited property owners . Subsequent to the final assessment hearing, the City has received several appeals from a majority of the property owners pertaining to the assessment . After discussions between the City Administrator, Director of Public Works and the City Attorney, it is felt that a new final assess- ment hearing should be held prior to responding to the appeals as submitted. ACTION TO BE CONSIDERED ON THIS MATTER: To order a new final assessment hearing for Project #240 (Drexel Heights Streets) to be held on December 16 , 1980. t ` qty A ministrator r