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
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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 .
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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.
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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.
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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.
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qty A ministrator
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