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08/23/1978 - City Council Special• • • awn- - AGENDA SPECIAL MEETING CITY COUNCIL EAGAN, MINNESOTA CITY HALL AUGUST 23, 1978 7:00 P.M. I. 7:00 - Roll Call and Pledge of Allegiance. II. 7:05 - NEW BUSINESS. A. Rosemount School District 196, for ening frOul PD, Planned Development to PF,)lic Facilities District for an elementanchool in the southwest 1/4 of the northeas,/4 of Section 28. III• 7:30 - OLD BUSINESS. A. Review of 1979 Operating Budget. IV. OTHER BUSINESS. V• ADJOURNMENT. r MEMO TO: FROM: DATE: SUBJECT: -A HONORABLE MAYOR -AND CITY COUNCIL. MEMBERS CITY ADMINISTRATOR HEDGES SEPTEMBER 18, 1978 INFORMATIVE MEMO Enclosed is a memorandum concerning the purchase of a new copy machine that is to be used in the City Hall. As you recall, the Minolta copy machine will be used in the new Police Department facility with the understanding that a new copy machine would then be purchased for the City Hall facility. My secretary, Sharon Kline, has done extensive research on a number of various copy machines taking into account cost, efficiency, capability and many other related items in preparing' some data for consideration by the City Council. I would like to discuss this matter as a part of the Administrative Business at the end of the City Council meeting as time permits. Approximately 10 days ago I mentioned that there would be a surprise award presented to Mr. Ken Southorn by a . represen- tative of the American Red Cross. Mr. Southorn thinks that he is attending the City Council meeting for the purpose of discussing the 1979 Budget and has no knowledge of the award presentation that will be presented to him that evening. Mr. Southorn did save a life in the City of Bloomington and because of his efforts and the entire circumstances, will receive one of the highest awards given by the American Red Cross. Mr. Mac Carll and other representatives of the Fire Department should certainly be complimented, possibly outside of the meeting, for their involvement in making this whole award possible. Consulting Engineer Bob Rosene had a meeting at the Winkle's property on McCarthy Road regarding storm water drainage. The meeting was held the same day that the City Council had a special session to discuss the budget. Enclosed is a copy of Bob's notes regarding that meeting. Also enclosed is a letter I received from Bob Rosene regarding the replacement of some sanitary and storm sewer lines along Cedar Avenue north of Trunk Highway 13. Bob has presented two proposals which one proposal is quite expensive regarding the replacement of lines and the second consideration is to not relocate the lines but to perform some additional precaution work which will keep the mains in place. HONORABLE MAYOR -AND CITY COUNCIL. MEMBERS CITY ADMINISTRATOR HEDGES SEPTEMBER 18, 1978 INFORMATIVE MEMO Enclosed is a memorandum concerning the purchase of a new copy machine that is to be used in the City Hall. As you recall, the Minolta copy machine will be used in the new Police Department facility with the understanding that a new copy machine would then be purchased for the City Hall facility. My secretary, Sharon Kline, has done extensive research on a number of various copy machines taking into account cost, efficiency, capability and many other related items in preparing' some data for consideration by the City Council. I would like to discuss this matter as a part of the Administrative Business at the end of the City Council meeting as time permits. Approximately 10 days ago I mentioned that there would be a surprise award presented to Mr. Ken Southorn by a . represen- tative of the American Red Cross. Mr. Southorn thinks that he is attending the City Council meeting for the purpose of discussing the 1979 Budget and has no knowledge of the award presentation that will be presented to him that evening. Mr. Southorn did save a life in the City of Bloomington and because of his efforts and the entire circumstances, will receive one of the highest awards given by the American Red Cross. Mr. Mac Carll and other representatives of the Fire Department should certainly be complimented, possibly outside of the meeting, for their involvement in making this whole award possible. Consulting Engineer Bob Rosene had a meeting at the Winkle's property on McCarthy Road regarding storm water drainage. The meeting was held the same day that the City Council had a special session to discuss the budget. Enclosed is a copy of Bob's notes regarding that meeting. Also enclosed is a letter I received from Bob Rosene regarding the replacement of some sanitary and storm sewer lines along Cedar Avenue north of Trunk Highway 13. Bob has presented two proposals which one proposal is quite expensive regarding the replacement of lines and the second consideration is to not relocate the lines but to perform some additional precaution work which will keep the mains in place. Informative Memo Page 2 September 18, 1978 Also enclosed is a copy of a letter that was received from Mr. Ken Ketcham to Mayor Murphy and all members of the City Council regarding the rezoning and waiver of platting require- ment for Martin Shields propertyjcorner of Towerview and Quarry Lane which is an item on the agenda for tommorrow evening's meeting. I will be discussing this matter with our City Attorney, Paul Hauge, and Park Director Barb Schmidt. I hp a-.0 44 I edC42 City Administratrat—o MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 18, 1978 SUBJECT: PURCHASE OF NEW COPY MACHINE The current copy machine which the City has will be going with the Police Department when they move into their new facility. Because of this, the City Hall will need to purchase a new copy machine. The City Hall currently makes about 12,000 copies per month or 144,000 copies per yearr -- a copy load which exceeds the limit of our current copy machine. In order to meet the needs of the City's ever growing copy needs, the following are specifications that the new copy machine must meet: 1. Must be able to copy on any plain bond paper. This will enable staff to copy directly on City or other letterhead, colored paper, transparancies, mailing labels, and paper stock. Plain bond paper copies produce consistently high quality, permanent copies. This is important for copies that must be filed as permanent records. Although plain bond paper copiers are more expensive initially, they are built fur heavy volume use and bond paper is much less expensive than treated paper. This results in a cost per copy that."s'less than for treated paper copies (which the City currently has) and a large volume user like the City will quickly make up the difference for the larger initial cost of the machine by the savings on each copy. 2. Must be able to produce copies at a minimum rate of 20 copies per minute. Our present copy machine produces 13 copies per minute which is too slow. An increased copy output of 30% would not only save man hours, but would also reduce the amount of time that the machine is tied up. For example, the Council packet takes approximately 2-3 hours to copy. This makes it extremely difficult for other departments to run a lot of copies on those Friday afternoons. A faster machine would allow more copies to be run in a shorter amount of time. This will save money in man hours to operate the machine and also will be more efficient. Copy Machine Page Two September 18, 1978 3. Must be able to copy on both will save money by reducing mail sharply in the past years. This and cut down on paper costs. sides of the paper. This ng costs which have risen will also save filing space 4. Must be able to use both letter and legal size paper. The City gets a number of legal sized documents and often needs to reproduce these. Several companies were contacted and only machines that met the above specifications were investigated. A summary of each follows. PLEASE NOTE: The cost per copy is a very important figure as a 1C difference per copy for 144,000 copies per year makes an operating difference of $1,440. This should be a primary consideration with the initial purchase of the machine being secondary. The anticipated down time of the machine should be an important consideration between two comparable machines. Savin Model 780 Purchase Price - Installation - Expenses per year 144,000 copies $6,220.00 53.35 $6,273.35 = cost per copy Maintenance Agreement @ $80/month $960 288 reams of paper 641 Toner -Developer 490 $2,090 144,000 = 1C per copy COMMENTSDid not copy NCR paper, therefore, unacceptable Recommended that only SAVIN paper be used Clumsy for copying maps and large documents 2-4 hour repair service Royal II Purchase Price - $7,295 (new) $6,495 (demo) Cost Per Copy - Maintenance Paper Toner Preventative Agreement Maintenance Calls $31,08 144,000 = 2C per copy $1,020 641 437 1,010 $3,108 Copy Machine Page Three September 18, 1978 COMMENTS: 1-5 hours down time;. Minolta Did not meet specifications (copy speed) will not be on market until January Xerox 3100 Did not meet specifications (not recommended for two-sided copying) Xerox 4000 Met specifications, but $10,165 price was out of anticipated range. (See page 5 for breakdown of price per copy) 3-M Secretary III Purchase - $9,405.00 Cost per copy Service $1,000 drums 897 powder 576 paper 641 3,114 $3,114 144,000 = 2C per copy COMMENTS: Comes with sorter and stand Toshiba Purchase Price - $7;495.00 Installation - 50.00 $7;545.00 Cost per copy Service $1,188 Paper 641 Supplies 1,512 $3,341 $3,341 144,000 = 2C per copy COMMENTS: Reduces Same day service - usually 2 hours or less New in market area - none placed in Twin Citses yet Copy Machine Page Four September 18, 1978 Pitney Bowes Purchase Price - $4,745.25 (Remanufactured Machine) Installation 50. $4,795.25 Price Per Copy Service $1,422 Paper 641 Powder 864 2,286 $2,286 144,000 = l�fi per copy COMMENTS: Needs 220 wiring Clumsy for maps Only let�er and legal -- no capacity for larger copies Very fast (37 copies per minute) Cannon NP -5000 Purchase Price - $7,995 Cost per Copy - Service $ 900 Drums 400 Paper 641 Developer 125. Replenisher 140 $2206 $2206 144,000 = 1�-,C.per copy COMMENTS: Excellent Service- Company will guarantee 2 hour repair service Service man will call once a month to check machine whether called or not Salesman indicated that he will negotiate some on the price (which is a government price) Copy Machine Page Five September 18, 1978 XEROX 4000 Purchase Price - $10,165 Cost Per Copy - Maintenance - Paper Powder Fuse Oil Developer $1,691.64 641.00 196.00 27.00 221.16 $2776.80 $2776.80 144,000 = 2C a copy COMMENTS: This machine does two sided copying automatically Very fast -- 45 copies per minute Should use a special type of paper that is resistant to static electricity Copies letter and legal -- does not have the capacity for larger documents Service - Usually same day and lit hours down while repairing (Average of down time -- 5-6 hours) Information on an IBM Copier II will be available at the meeting on Tuesday. City Administra r MENO FOR RAGAN FILE NO. 49 September 14, 1978 By RWR MEETING AT WINKELS ON MC CARTHY RD. RE: DRAINAGE Present - Bill Branch, Bob Rosene, Mr. 6 Mrs. Tom Finkel, Mr. 6 Mrs. Wendel Carlson, Mrs. Holz, Mr. Mark Jensen and Mrs. Richard Finnegan After much discussion, the following points were made clear: 1. No one is in favor of cutting new sweles between their houses as proposed by us. 2. Action to start cutting such swales would meet with much opposition. We have an easement on only one lot line.. 3. No one present is at all sympathetic to being assessed for such improve- ments and feels that, if.en assessment were required, it should be spread over the entire area contributing drainage to the problem. 4. Wendel Carlson who lives just east of the storm sewer easement stated that in 7 years he has seen no problems like we have had twice this year. Usually the flooding of the intersection is :minimal. He beliebes an added catch basin at the low point would he beneficial as the present catch basin sometimes gets plugged up by debris washing in. 5. All are concerned that no action has been taken on correcting the erosion problem in the Winkel backyard. Winkel@ stated they were starting court action against the City and their builder to pay for this. 6. Some stated that, during heavy flows, much of the water in Red Ceder flows past the catch basins. Some doubt that the pipe gets full. After review of the conditions discuaeed and opininna presented, the following course of action is suggested: 1. Add a catch basin on McCarthy Road beside the one at the low point. Raise the curb box on the catch basin west of this to provide more curb opening which is lase subject to plugging by debris. Pay for this work from the storm sewer trunk fund. 2. Attempt to resolve the payment for erosion repair in the Finnegan and Winkel yard with the property owners and builder without court action. 3. Review catch basin locations and elevations to see if anything should be or could be done to improve the intake capability of each. 4. Observe the area for the next few years to see if any major problems re- occur. If sufficient problems are encountered, a storm sewer relief line may have to be constructed at a major cost which would logically be aeseesed �er the entire drainage area. RWP. JCA KAr September 15, 1978 City of Sagan 3795 Pilot Knob Rd. Eagan, Mn. 55122 Attn: Mr. Tom Hedges, Administrator Re: Cedar Avenue Trunk Sanitary b Storm Sewer Eagan, Minnesota File No. 49 Dear Sir: This will confirm our discussion relative to the existing trunk sanitary and storm sewer along present Cedar Avenue north of T.H. 13. The 18" vitrified clay pipe on the west side and 48" reinforced concrete storm sewer pipe on the east side will be covered by an additional 11 fent: of fill pt the area where new T.H. 13 will crone Cedar Avenue. Mn/DOT has stated that these pipe@ which were Installed as pert of the initis:l Cedar Grove development were placed in the hlghlepy rlcht-of-way in 1959 by permit which states that any utilities which nerd to he renoved or replaced due to future highway construction will be done at the expense of the owner of the utility. The Mn/DOT staff have suRgeated that these lines be replaced with stronger pipe at City expense and manholes which occur within their new T.H. 13 right-of-way be removed. A rough estimate of cost to replace these lines across the new right-of-way is as followai IB" Sanitary Sewer $20,000 to 530,000 4R" Storm Sewer $40,000 to 560,000 A possible alternate to replacing these lines is to determine, by a soils in- vestigation, that the backfill which has been In place for almost 20 years to sufficiently consolidated around the old pipes to prevent damage due to the added fill. Such a study is estimated to coat from $1,500 to $2,000 and would be done by Twin City Testing Co. It is recommended that such a atndy be authorized to he undertaken as soon as possible. Some expenses will be incurred to remove and replace manholes even if the lines are found to be capphle of carryinc the added fill. 1'ape 1. City of Eagan Eagan, Mn. 55122 Re: File No. 49 September 15, 1978 It should also be added that we have been notified that certain sever and water lines in new T.N. 13 near Silver Bell Road will need to be relocated to accommodate further construction there. As soon as n layout,is received which indicates those lines to be moved, an esti;nste will be prepared of this work. Yours very truly, BONESTROO, ROSSNE, ANDERLIK 6 ASSOCIATES, INC. Robert W. Rosana RWR:Ii cc: Alyce Bolke Bill Branch Paul Hauge Page 2. KETCHAM, GREEN & REGIS ATTORNEYS AT LAW 1456 YANKEE DOODLE ROAD YANKEE SQUARE CENTER EAGAN. MINNESOTA 55121 KENNETH P. KETCHAM GARYJ.GREEN DOROTHY A. REGIS JAMES T. SKONNORD OF COUNSEL To: The Honorable Mayor Murphy Mr. Wachter Mr. Parranto Mr. Smith Mr. Egan September 15, 1978 TELEPHONE 16 1 21 454-6981 Re: Rezoning and Waiver of Platting Requirement for Martin Shields property corner' of Towerview and Quarry - I am representing Lynn Thiele, the purchaser of the lot described above which is on the city council agenda for your approval this coming Tuesday. The Planning Commission gave their approval subject to two contin- gencies. The first being the granting of a 30 -foot easement on the south and west side of the property if in fact they have not been dedicated already. The second contingency being the payment of $120.00 to the City of Eagan for park and open space use. If a 30 -foot easement has to be given to the City on the south and west side of this property, my client will not purchase the property and Martin Shields would have a hard time finding anybody to purchase the property. The future street will destroy the tree line presently exist- ing and detract greatly from the lot. I't has been the past experience that once an easement is given, the future road becomes a reality and the adjoin- ing property owners' wishes are ignored. Enclosed please find a page xeroxed from the Abstract for the prop- erty in question. The lot which is the subject matter of this request has been exempted from any future additional land requirement because of the virtue of the conveyance of 10 acres from Martin and Myrtle to the City of Eagan in 1975. This additional assessment seems to be con- trary to my sense of fairness whereby the property had already been assessed. LeMay Lake is located to the north and east of this lot and it looks inconceivable from viewing the site location that the City would extend Towerview to service Alphy LeMay's old place in the need to tuck the road between the lake and the existing houses. I would appreciate it if you could drive out and view the site in question before the meeting and realize that the Planning Commission's requests are superfluous and not needed for this particular lot. Thank you for your cooperation in this matter. KPK/bm Sincerely yours, Kenneth P. Ketcham City of Ea -an, Council, By 1 -Ls Mayor & Its City Clerk, J+ �o The Public.L�aV dedicated for park Ordinances from the CC of Resolution,dated June '7,_�?;• _ Recorded June 26,1975 as NOW THEREFORE, it was RESOLVED virtue of the conveyance of 10 acres of land fro; N:S:. and Myrtle E. Shields, his wife, co City of Eagan,dated May 29,1975, additional land shall be ^ecuired to and open space purposes in accordance with City following described lands: The NEi-of the 1XE4 of Section 9, Township 27, Range 23excep-c described as follows: Beginning at the intersectio:: of -::e EaSt lineV of Oslund Timberline Addition as platted and the North litre of Sec-::_:. 9, Tol7nship 27, Range 23; thence South along said cast line a diL-ca..c; of 660 feet to a point on said line; thence :last alo,-g a line para�lol UO the North line of said Section a distance of 859 feet to a poi:: -c; -hence North along a line parallel to the East line of Oslund Ti:::_,c- line Addition as platted, a distance of 660 feet to a poi n- o:: -,:he .Orth line of said Section 9;thence I -lest along the North line of said Section 9 a distance of 859 feet to the place of begi -.in ua except that part of the NEQ of Section 9, Township 27,Ran"e 23, described as follows; Beginning at the Southeast corner^ of Gslund Timberline Addition; thence northerly along the east line of said 0slund Timberline Addition to a point 660.00 feet south of the nor-:. line of the NE4 of said Section 9; thence easterly parallel grit:: ci: north line of said ND4 a distance of 663.75 feet; thence sout or_y, parallel with the east line of said Oslund Timberline Addition, -U0 the intersection with the easterly extension of the south line of said Oslund Timberline Addition; thence westerly along said easterly extension to the beginning, E The West Half (W -J) of the NW, of the ffi•J4 except the N of -:.e -hereof• and=tha-West 264 feet of South 165 .feet of , ; r.the n^a� of:�r� tier:; L `7 -c+_._ ,...:- all in Section lO,-- 2 _ Harold LeVander, Jr., ocwf Carla A., 82 to Xartir. Shields a/k/a :ar-in Siields and Myrtle c. Shields a/k/a Myrtle Shields, his wife. !gartin E. Shields a/k/a Martin Shields and Myrtle z. Shields a/k./a Myrtle Shields, :is wife, 83 to Harold LeVander, Jr. &wf Carla A. Q.C.Deed,(Joint Terancy)dated Au�.1G, 1977.Recorded Aug.29,1977 as Doc.;o. 495589. Conveys, The I•Jz- of 6he Z; of the Nlla except the Nz of tho Z and the West 264 feet of the Sou-6- feet ou- feet of the E j of the NW1 of the in Section 10, Township 27, Range 23. Q.C.Deed,(Joint Tenancy)dated AuS.13, 1977.Recorded Aug.29,1977 as Doc.No. 495590. Conveys, the lands dascribed at No. 82. AGENDA REGULAR MEETING CITY COUNCIL EAGAN, MINNESOTA CITY HALL SEPTEMBER 19, 1978 6:30 P.M. I. 6:30 - Roll Call and Pledge of Allegiance. II. 6:35 - Adopt agenda and approval of minutes. III. 6:40 - DEPARTMENT HEAD BUSINESS. A. Fire Department C. Public Works Department B. Police Department D. Park Department E. John O'Toole, Dakota County Assessor IV. 7:00 - OLD BUSINESS. A. John and Mary Remich, variance from the public street provision for a single family dwelling, located in the NE 1/4 of the SE 1/4 of Section 4. B. Speed limit study for Co. Rd. 26 between T.H. 13 and Co. Rd. 31 and Co. Rd. 30 between Cedar Ave. and Rahn Rd. C. Peoples Natural Gas Co. - explanation of natural gas explosion at Carnelian and Cedar. D. Wilson Robinson, North River Industries, Inc., for preliminary plat approval of Oakwood Gates, part of the W 1/2 of the SE 1/4 of Section 24. E. Lynn Thiele, for rezoning from Agricultural to R-1, Residential Single Districtand waiver from platting regulations for a residential permit on unplatted property in the LeMay Lake area, Section 10. V. 8:30 - NEW BUSINESS. A. E.L. Murphy for a temporary trailer permit for office use. B. Thomas Lake Road street improvement bids. C. Wescott Road street improvements bid. D. Thomas Lake Road and Wescott Road utility improvement bids. E. Contract execution - Fredrickson Construction Co. for utility improvements for Mallard Park 2nd and 3rd Additions. F. County Road 31 funding. G. Federal Revenue Sharing - Statement of Assurances. H. 1979 Audit Report. I. Jan Susee, Attorney for Amy's Restaurant, Informal Appearance regarding sign ordinance. VI. OTHER BUSINESS. VII. VISITORS TO BE HEARD. VIII. *For those persons who are not on the agenda EMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS (FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 15, 1,978 ?SUBJECT: AGENDA INFORMATION jAfter approval of the September 5,'1978 minutes of a regular City Council meeting, the following items are scheduled for (consideration. Department Head.Business A. Fire Department -- There are no items for consideration relating to the Fire Department at this time. B. Police Department -- Thtre are no items for consideration ;relating to the Police Department at this time. Public Works Department -- There are no items for consider - ion relating to the Public Works Department at this time. Park Department -- The Advisory Park Committee is recommending hat the park dedication fee be increased effective October 1, 978. Please refer to the attached memorandum prepared by ark Director Schmidt addressing the proposed fee schedule and ecommendation of the Park Advisory Committee. A copy of the emorandum is found on page a for your reference. Also nclosed on pages �3 through y is a copy of a ummary for park dedication fees in other communities prepared y Administrative Intern Ken Damlo. pecial-Note: Mr. Bruce Medvec is scheduled to appear epresenting Valley View Insurance to present the City with dividend check issued by the Home Insurance Company. r. Medvec will take but a few minutes of the City Council's ime to explain the check and make the presentation. 1. John O'Toole, Dakota County Assessor, will be present to liscuss tax abatements for the properties listed on page-,qg rith the City Council. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: PARK DIRECTOR SCHMIDT DATE: SEPTEMBER 14, 1978 SUBJECT: ITEM FOR 9-19-78 COUNCIL MEETING RECOMMENDATION ON INCREASING PARK DEDICATION FEES The Advisory Park Committee recommends that the Park Dedication Fee be increased effective October 1, 1978. The current fee is based on a land value of $3,000 per acre. The recommendation is that the land value be increased to $6,000 which reflects current land sales which have recently been publicized for our area. Present Rate Recommended Rate Single Family $120 $240 Townhouse or Duplex $100 $200 Apartment $ 75 $150 Mobile Home _ $100 $200 This increase would make the cash dedication equivalent to the cost of land and allow for purchase of parkland where appropriate,, which was the intent of the enabling legislation. It would eliminate the inequity which presently exists between developers who contribute cash and those who contribute land. It is recommended that the new rate be applied to all final plats filed after the effective date of October 1, 1978 and the developers not be allowed to pay in advance in anticipation of the rate change since staff has made developers who are in process aware of a possible increase. It is further recommended that the park dedication rate be redetermined as of January 1 of each year based on current land sales. A complete study of park dedication policies and procedures is still in process but has been delayed but will be forthcoming. G r. SUMMO OF PARK DEDICATION RATES• LAKEVILLE.• Res.i.dential-: 5% per unit per acre (1) Cash equivalent basic Business: 5s per acre on value of $3000 ,ger- acre: industrial: 20 per acre :d;,i'Ll:iiOOD The amount of land dedicated will be (2) PARK AV.IIL:>,3.1i.,1'!'''_':: •.! ;h equal in value to the amount of the Single family 531-7 Park Availability Charge for that Duplex 317 subdivision. Mobile home Apartments - Commcrc.i.al/Industr.ial: 3.5"; of area Efficiency (or an equiva- 1 bedroom US lent in cash) 2 bedroom 3 bedroom 255 4 bedroom 310 Townhouses- 1- bedroom 5 2 bedroom 25" 3 bedroom 31i 4 bedroom 32 iRIDLEY Residential.: 100 of gross area (3) Residential: $300/1r)T Comm/Ind: 30; of gross area (2) Comm/Ind: S!10RE.VTFW Res., Comm. & Ind.: (3) Dwelling Units a v; Maximum of 10?, dedication Per Acre Lard 0-2 2.1-3 1-11 3.1-4 S? 4.1-5 r'-- 5.1 + 10. Comm/Ind. 1.0- BROOKLYN Res., Comm. & Ind.: 1,Oo of total fair market PARK Not less than 1.0"s of area value of gross area B[,OOt-tINGTON Residential: 106 of area (3) Cash equivalent b s ri Comm/Ind: 5`:, of area. on fair market value Amt. of gross are .......-MLLE Residential to be dedicated (1) Cash equivalent. 1-6 units/acre 100 using the given perc(::err;r• 7+ units/acre 7.5% based on fair marl.et l Comm/Ind 5% E1)1NA Residential., Commercial and Industrial. Gish equivalent 5s of area fair. markct-value 3 . MENDOTA HEIGHTS SUJWRY OF PARK DEDICATION RA''• Res., Comm., Ind: 10% of the area $500/lot minimum; based on 10% of fair market value (2) EDEN Amount of land dedicated equal in value Single family: $275/unit PRAIRIE to the amount of cash contribution Other Res: $225/unit that would be required. Comm./Ind: $2,000/acre i Single family $160/unit INVER GROVE Res: 10% of the area Townhouses $135/unit HEIGHTS Apartments $100/unit There is no dedication requirement Mobile Homes $125/unit for comm./ind. property EAGAN , iRes: 10% of the area There is no dedication requirement for comm./ind. property Single family $120/unit Duplex & Townhouse $100/un: Apartment $75/unit Mobile Home $100/unit (1) Time of payment established in development contract (2) Time of payment when building permit is issued (3) Time of payment when final plat is approved 11 • :ate of Minnesota Highway Dept. #10-01900-010-21 & 020-27 Eagan, City igene F. Slater, Estate #10-01900-011-50 Eagan, City .ta Winkler and Arthur Gillen, Executors 0 September 19, 1978 After a review of this property was made by the Assessor it was found to be erroneously assessed. The property should be tax exempt as it is owned by the State Highway Department and has been sine August 1, 1977. Reduce the assessed value from 4214 on parcel 4010-27 to nil and reduce from 30272 on parcel #020-27 to nil for taxes payable in 1978. This property was reviewed and found to be incorrectly assessed. The state of Minnesota Highway Department acquired 22.42 acres of this parcel and all structures on August 9, 1977. Reduce the value from 101646 to 51519 for taxes payable in 1978. Agenda Informatioleemo • Page 2 September 15., 1978 Old Business JOHN AND MARY REMICH -- VARIANCE FROM PUBLIC STREET PROVISION A. John and Mary Remich, variance from the public street provision for a'single family dwelling, located in the NE 1/4 of the SE 1/4 of Section 4 -- If you recall, at the last regular meeting of the City Council the petition that was submitted for a 60 foot variance from Ordinance 52.06, Subdivision 4A by Mr. and Mrs. John Remich was continued due Po their absence from the City Council meeting. Mr. and Mrs. Remich would like to construct a home without the 60 foot frontage on a public street. It appeared at the Planning Commission meeting that there was objection from an adjoining neighbor and after deliberation by the Planning Commission, it was their recommendation to the City Council ,at Mr. Remich's request for a variance from the public street provision be denied. For additional information on this matter please refer to the Zoning Administrator's report, a copy is enclosed for your reference on pages I through C) For additional information on the action that was taken by the Planning Commission, please refer to the Planning Commission minutes that were distributed as..a part of the .September 5, 1978 agenda packet. SPEED LIMIT STUDY 3. Speed limit study for County Road 26 between Trunk Highway 13 and County Road 31 and County Road 30 between ;edar Avenue and Rahn Road -- Official action was taken at i regular meeting of the City Council held on Tuesday, 'ebruary 21, 1978 directing a resolution to the Dakota County 3oard of Commissioners requesting a traffic speed survey on ;ounty Road 26 (Lone Oak Road) between Trunk Highway 13 and ;ounty Highway 31 (Pilot ,Knob Road) and County Road 30 )etween Cedar Avenue and Rahn Road. Enclosed and found on )age /0 is a copy of the letter that was submitted to 4r. Robert.Sandeen, Dakota County Highway Engineer. The )akota County Board of Commissioners, at their first meeting Ln the month of March, 1978, did pass a similar resolution ind submitted the same to the Minnesota Department of Transportation -equesting that speed study surveys be made on both of those )articular county road segments. I have contacted Mr. Glen lonWarmers a number of times.in the last three to four months ind have received little satisfaction regarding their cooperation Ln concluding their report presenting the same to the City ;ouncil. Therefore, on August 30, 1978 I sent a letter (enclosed is a copy found on page // ) to Mr. Merritt Kinzie requesting that this matter be addressed at a September City Council meeting. Mr. Linzie replied and stated that they would have the report completed and someone .)resent at the September 19, 1978 meeting for presentation. %t this time I do not know what the recommendation of the 4innesota Department of Transportation will be regarding the speed limit study. CITY OF EAGAN 6UBJECI: Variance PETITIONER. Mr. and Mrs. Remick LOCATION: The W 330' of N 3 A. of S 10 A. of NE -y- of.the SEq of Section4 EXISTING ZONING: R-1 (Residential Single District) OF PUBLIC HEARING: August 22, 1978 TE OR REPORT: August 16, 1978 BY: Dale C. Runkle petition has been submitted for a 60 foot variance from Ordinance 52.06, ubdivision 4-A which states, "the lot shall have a minimum of 60 feet of rontage on a public street or the lot shall have been approved in platting condominium project or an attached dwelling project wherein a contiguous of owned in common, provides said frontage." petitioner owns approximately 3.75 acres. The Remick's home is on the northern 2.5 acre parcel. The Remicks wish to obtain a on the southern 1.25 acres so they could obtain a building permit her home. ently, the house located on the north has access to Highview Avenue vate easement. The proposed home to the south would also take access s easement. 3. There would be no public easement to bring sewer and water to the parcel. 4. There have been requests to split lots in Zehnder Acres and have access through private drives. In the past these requests have been denied. The City suggests that an overall plan be made of the area showing.the future location of public streets. If the variance is granted it may set a I recedent in the development of the entire area. V � h I 74/-0 /77 I M v I s 4 J I i I I i �'osrrl: ['s. war -EI <t�V-cj aqQ ;f.;;�e.� r. ci,Cur/�'k: Ccjc'r c. .<� I it is / N CrC.tf �, ,, ✓ I it !rr L'Y � V � h I 74/-0 /77 I M v I s 4 J I i I I i �'osrrl: ['s. war -EI <t�V-cj aqQ ;f.;;�e.� r. ci,Cur/�'k: Ccjc'r c. .<� ;-'c-=�•,".?. L' II I I L �, ,, ✓ I it !rr L'Y � 1 wooer;'' A• Jahr 4 F nna'q Rall, 1 O n; i, L I I I I oc , O I 71 11 f I V � h I 74/-0 /77 I M v I s 4 J I i I I i .':-a• nvu. :; �j ]I3�.tilQiJ xt i t 77- \'�,� ;)l�tt,�� :,:� . t. � - 11 .�. •�r+ +1l1� , ... �,.^.`��\'.�`Y�Y.:'Ir-cL-.�•�r�.�1 ���t "�•� p! r`� l�''r'�) r I ` LL �S—_F7 .—t�'1' -1� l�i � ��4.I. t\;717 � i L /i 1/�— �.1._,__ __.. _!� . , •Yn.r I �- .� G - Doe - W 9 Mr. Robert Sandeen Dakota County Highway Engineer Dakota County Government Center Hastings, MN 55033 Dear Mr. Sand^en: In official action that was taken by the Eagan City Council. in a regular meeting held on Tuesday, February'21, 1978, a resolution was passed requesting traffic speed surveys on County Road 26 (Lone Oak Road) between Trunk Highway 13 and County Road 31 (Pilot Knob Road) and County Road 30 between Cedar Avenue and Rahn Road. The City Council is concerned about the 40 m.p.h. speed limit that is posted in both of those areas, and due to the schools, residential area, and other similar concerns, the City is requesting that the Minnesota Department or Transportation consider lowering the speed limit in those areas. on behalf of the City Council, I would like to ask that this be expedited as soon as possible so that a report can be presented to the City"Council and that area residents that are extremely concerned about the speed limit posting of 40 m.p.h. can be contacted and appear at a public meeting. Mr. Glen VonW®rmer, District Traffic Engineer, has been contacted by my office and it was requested by the City Council that he be present at the next regular meeting of the City Council to be held on Tuesday, March 7, 1978 to specifically address the speed zone matter on both road locations. If you have any questions, please feel free to contact me at any time. Sincerely, Thomas.L.'Hedges City Administrator �0 THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY' cc: James Kennedy, Dakota County Commissioner r ly.l • .V �i l: ROL..L, THOMAI EGAN MARK PARRANTO „u JA.I:S A. SMITH -a CITY OF N THEODORE WACHTER ' COUNCIL MfMRCRS - 3]9R PILOT KNOR ROAD EAGAN. MINNESOTA 95122 PHONE 954-8100 February 24, 1978 Mr. Robert Sandeen Dakota County Highway Engineer Dakota County Government Center Hastings, MN 55033 Dear Mr. Sand^en: In official action that was taken by the Eagan City Council. in a regular meeting held on Tuesday, February'21, 1978, a resolution was passed requesting traffic speed surveys on County Road 26 (Lone Oak Road) between Trunk Highway 13 and County Road 31 (Pilot Knob Road) and County Road 30 between Cedar Avenue and Rahn Road. The City Council is concerned about the 40 m.p.h. speed limit that is posted in both of those areas, and due to the schools, residential area, and other similar concerns, the City is requesting that the Minnesota Department or Transportation consider lowering the speed limit in those areas. on behalf of the City Council, I would like to ask that this be expedited as soon as possible so that a report can be presented to the City"Council and that area residents that are extremely concerned about the speed limit posting of 40 m.p.h. can be contacted and appear at a public meeting. Mr. Glen VonW®rmer, District Traffic Engineer, has been contacted by my office and it was requested by the City Council that he be present at the next regular meeting of the City Council to be held on Tuesday, March 7, 1978 to specifically address the speed zone matter on both road locations. If you have any questions, please feel free to contact me at any time. Sincerely, Thomas.L.'Hedges City Administrator �0 THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY' cc: James Kennedy, Dakota County Commissioner Leo MUNPNY ..,on • THOMASIEGAN MARK PARRANTO JAMES A.ISMITH THEODORE WACHTER COUX CIL .... ERS i CITY OF EAGAN 370B PILOT KNOB ROAD EAGAN. MINNESOTA 55122 PHONE 454 -BIM August 30, 1978 a -F aul',� Mr. Merritt Linzie Department of Transportation District 9 3485 Hadley Avenue North North St. Paul, MN Dear Mr. Linzic: THOMAD HIEDGen ciry .n Hi.+IP v...nl. ALYCE DOLKE CITV CLERK Several months ago, the City of Eagan passed a resolution to Dakota County and the Minnesota Department of Transportation requesting a speed study and traffic study for Lone Oak Road (County Road 26) between Trunk Highway 13 and County Road 31 (Pilot Knob Road) and County Road 30 between Cedar Avenue and Rahn Road in the City of Eagan. Mr. Glen 'VanWormer assured results of the study in the early summer- so proper - measures could be taken to reduce the speed before'schools open this fall. Several weeks ago I had asked you to follow up with Mr. VanWormer asking that the studies be presented during the month of August'so the icity Council could invite people to a mecting'to consider the !results of the st..idy. To date, I have received no word from Mr. VanWormer or the District 9 office pertaining to these two traffic studies and !both schools have openedasof this week. .The_ City of Eagan is concerned about the safety of pedestrian movement Ito theJalementary schools. The City Council is very concerned about the 45 -mph speed limits that are in effect on both sections of county roads within our municipality. II would appreciate your attention to this matter and please direct the Transportation Engineer to expedite the traffic and speed studies for those Itwo roads so that the City Council can consider your findings no later than ja September City Council meeting. Thank you for your cooperation. Sincerely, Thomas L. fledges City Administrator skk THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Agenda Informatio*emo . Page 3 September 15, 1978 PEOPLES NATURAL GAS COMPANY -- NATURAL GAS EXPLOSION I C. Peoples Natural Gas Company, Explanation of Natural Gas Explosion at Carnelian and Cedar -- At the suggestion of City Council Member Wachter, I have contacted Mr. Vern Mahlis who is the area manager for Peoples Natural Gas Company in Farmington and requested that a. representative of either Peoples Natural Gas or Northern Natural be present to explain to the City Council and public the cause of the natural gas explosion that transpired at Carnelian and Cedar. Mr. Mahlis has indicated that a representative will be present At the meeting and provide the City Council with an explanation of the natural gas explosion. There is no further information egarding this matter available at this time. WILSON ROBINSON -- PRELIMINARY PLAT OF OAKWOOD GATES B. Wilson Robinson, North River Industries Inc. for preliminary plat approval of Oakwood Gates, part of the W 1/2 of the SE 1/4 of Section 4 -- At the last regular meeting of the City Council, the developer Mr. Wilson Robinson, was asked to obtain a signature from the fee holder of the property before the pre- liminary plat was further considered by City Council. Mr. Robinson and Mr. Howard Stacker (fee holder of the property) lad assured the City Council that the necessary signatures would be obtained so that the matter could be heard at the meeting on Tuesday. Again, for additional information.on this matter please refer to the Zoning Administrator's report, a copy is enclosed on pages 13 through](. For action that was taken by the Planning Commission regarding consider- ation for the preliminary plat of Oakwood Gates, please refer to the Planning Commission minutes that were enclosed as a part of the September 5, 1978 City Council packet. LYNN THIELE -- REZONING FOR LOT ABUTTING LEMAY LAKE AREA E. Lynn Thiele, for rezoning from Agricultural to R-1, Residential Single District, and waiver from platting regU- lations for a residential permit on unplatted area in the LeMay Lake area, Section 10 -- At the last regular meeting of the City Council, the rezoning and waiver from platting regulations as requested by Lynn Thiele to allow for a residential permit to construct a house on unplatted property in the LeMay Lake area was continued at the request of Mr. Thiele's attorney. For additional information on the matter. I have provided a copy of the Zoning Administrator's report, found on pages 1'7 through_Igfor, your reference. For action that was taken by the Planning Commission, please refer to the Planning Commission minutes, a copy was enclosed with the September 5, 1978 packet. is SUBJECT liminary Plat & Undersized Lot Variances PETITIONER: Wilson Robinson - Worth River Road Properties, Inc. LOCATION: County Road #30 - 1/4 E of Dodd Rd. DATE OF NEARING: August 22, 1978 EXISTING ZONING: Agricultural. IIDATE pREP OF PLA NING REPORT: August 17, 1978 Voss PETITION — I Two.(2) petitions have been submitted: -- a preliminary plat in order to subdivide an approximate 65.acre area into 12 residential lots - Oakwood.Gates Addition. -- a variance for six (6) undersized lots which would range in size from 4.53 acres to, 4.75 where a minimum of 5 acres is required in an Agricultural area. I PLANNING CONSIDERATIONS 1. The preliminary plat appears to be well designed. It relates well to the irregular terrain and provides for future street continuity to adjacent properties. The plat also provides for the further subdivision of this property in the future when public utilities are extended into the area. The cul-de-sacs that would be needed at that ti'me -for the further subdivision of this property a e to be dedi- cated as a part of this.plat, but not developed at this time. The dedication of these future cul-de-sacs is what created the undersized lots. Therefore, all lots would,effectiv.ely be a minimum of 5 acres or larger but the area of the future cul- de-sacs could not be included in the ,computing of the lot sizes because the cul-de- sacs have been required to be dedicated at this time even though they are not being improved. 2. Preliminary street grades,proposed ponding areas and the proposed drainage plan have ieen.submitted and are being reviewed by the city engineer. 3. If this preliminary plat is approved, it should be subject to the following condi- tions: A. This plat would have to be approved by the Dakota County Plat Committee prior to final approval by the City. It is possible that additional right-of-way will be required along County Road #30 because the pavement appears to be offset to the north along the existing right-of-way. B. Drainage -easements shall be provided as required by the City Engineer along lot lines and along ponding areas. C. This preliminary plat - Oakwood Gates - shall be reviewed the Park Committee in order to determine the manner in which park dedication requirements shall be satisfied, and recommended to the City Council. D. A temporary variance shall be granted for the undersized lots as shown on the Prel.iminary plat because the minimum area requirements are met in that the cul- de-sacs which are to be dedicated for future development are not being improved. at this time. 113 Wilson Robinson - North Riveroad Properties, August 17,1 1978 - Page 2 1' I Inc. 1 , E. No direct access from individual lots shall belpermittedito Ither Dodd Road dr County Road #30 which abutt this plat, F. The placement of single family homes on individual lots shall respect the future platting plan presented with this petitioln. jI y G. Street Hl and the temporary cul-de-sac along Street H5t'sfialh be required to be surfaced at this time in accordance with the minimum standards set forth by the City Engineer. i i H. The developer shall be required to inform all purchasers that it is the intent of the City to extend public utilities into this area in the future and that it is intended that this area will be developed in accordance with the overlay plat_as submitted at this time: J sat 15 Na3 tl H • • PRELIMINARY PLAT OAKWOOD GATES EAGAN, MINNESOTA I eeaAc... I. I ]oAt_ 1 04.n :� f Pun •...u. s. 1' I t \ so fl4"r BL CK 3 I i / I ]o so Atop e.. I I i' rl i I I' I' �.r �m e .� 4 OWNER& \ 2 y DEVELOPER -`\ \—++... s...a •."_ . SON C. ROMBON \cy\ 131 At.. \ sr Aua. irrn ..•\\\.\\ ENGINEER& \\ \\\ LAND SURVEYOR \ \ RWTRMCMPE Rl.S.R G. No.9Bsi LEGAL DESCRITION — c I I I I i CITY OF EAGAN ABJECT: Rezoning and waiver from the platting requirements PETITIUNER: Lynn Thiele LUCAT1011: The 1J'G of Section 10 south.of LeMay Lake EYIoTING ZONING: Agricultural DATE OF PUBLIC HEARING: August 22, 1978 DATE OF REPURT: August 16, 1978 RLPG13TED BY: Dale C. Runkle I 1. A petition has been submitted to rezone approximately 1 acre from Ay icultural to R-1 (Residential Single District.) The second petition is requesting to waive.the platting.requirements. 1.1 The proposed parcel is located on the north side of Tower View Road. and west of LeMay's Lake A 30 foot half rights-of-way has already been dedicated on the south ion of the property and on the west portion of the property. 3.L' Sewer and water are available for the site so rezoning to R-1 would not create any problems. 4. The land to the south is presently zoned R-1 and the pr000sed zoning would be a continuation of the existing zoning. The Land Use Map indicates an R-11 land use, (Residential 3-6 units per acre.) lfl approved, the development should be subject to the following conditions: A. A park dedication of $120.00 should be paid prior to the recording of the waiver of the platting. B. The proposed lot should be included in the plat to the north when the remainder of the Martin Shields property is platted. I i • I � C N v � J 010 U!� IV y 0 r JI I O 1 \ I 1. 01 t Oro -.9 I �18a 7,agtLat I Q O 1\t,, oto-s9 I•L Y IT nQ Sh://O C, • 8 �rCnl 'r W ft. \ / 1 '`lar c..o.: cI of qhs/(131-31 / Ar. Rela9 `A rl�f Ult L yp I n .] ✓OJC,O '/ 1y ®?q [� E/O/O KLNT JUDITH <, y cL Maw/ M Ochr/c'ii) vnn merary Y UIP 1"5.. ';0l 7/. L�'- 1 f Ac G p to Ac. =Q qc 3'j . 3 n ✓ v l {c � ., v I: S �_ a � 1 O,�//d/fi '? Ir - 3 r i A� ry f- • N✓ ` No 1 r.. .f `� a Nf I ° Ir 41 .1�7 � 11 8 _ A 4 a t,. � \ i • 77b' I :nr',/ � � 9 �. '�,' B f ✓c e� PRRK '\ \ L �,�, o. , ✓. '? S o - 3 2 r. i i Y°i `�'�� ` y.� I ti 1^� r �r : � � � / I �U r a a:0✓/:. r/G 1 •if �l m 1 ` �jj pe 'qp ~r y" t / '`� ly f.rN ff ?y •. s. IO a Y I a N Y f 11-t/ - I,�rll.l .:��� �1f`vi l.Y i1 � I I / �♦ hNL � : I `:7:_�.. �_ � ��/ !r� .. ��� .r`�1y%(. tT�. iJ'`',i f.��+.-.••`p'�h T� t�_.. q l G.:•:: ".�wo I E ..1;WE U ' �%—n �i�l,lll .h II', • I _: t I{ r �.'. ;' Agenda Information Memo Plage 4 September 15, 1978 ' New Business TEMPORARY TRAILER PERMIT -- E.L. MURPHY A. E.L. Murphy for a temporary trailer permit for office use -- E.L. Murphy trucking company is requesting a temporary trailer permit for one year to accomodate offices while a building office addition is constructed. The building office addition is estimated at $200,000 and E.L. Murphy Trucking Company is I ocated at 3303 Terminal Drive. The permit is in order for consideration. THOMAS LAKE ROAD STREET IMPROVEMENT BID B. Thomas Lake Road Street Improvement Bids -- The bids fo.r the improvement of Thomas Lake Road were taken at 3:00 p.m. August 31, 1978. The apparent low bidder is McNamara Vivant Contracting in the amount of $313,120. This is well under the engineer's estimate that was $350,000. For a copy of the bids please refer to page A/ . As you recall, the bids were continued by action of the City Council and an agreement pre- pared by City Attorney Hauge. This relates to the request by the Barkers to pursue the possibility of an EIS statement through the EQB for construction of Thomas Lake Road and also the possibility of seeking a restraining order and injunction to prohibit the opening of the bids. An agreement was prepared, by the law firm representing the Barkers, reviewed by City Attorney Hauge, and executed on behalf of the City Council. A copy of that agreement is enclosed on pages nd through a3 for your reference. The City staff has met on several occasions to negotiate with the Barkers and the Barker's attorney, Mr. Grant Merritt in an effort to provide some sort of compromise that would satisfy the Barkers and allow the City to construct the road. City Attorney Hauge has prepared a memorandum _ I the result of the negotiations to date, which a copy is found on pages_through a5 for your reference. WESCOTT ROAD STREET IMPROVEMENT BIDS scott Road Street Improvement Bids -- The apparent low for the improvement of Wescott Road is McNamara Vivant cting in the amount -of $257,250.25. The Engineer's to was.$275,000. For a copy of the bids, please refer e 4(. - LAKE ROAD AND WESCOTT ROAD UTILITY IMPROVEMENT BIDS D. Thomas Lake Road and Wescott Road Utility Improvement Bids -- The apparent- low bidder for the Thomas Lake Road the Wescott Roau sewer, water and storm sewer improvement Parrott Construction Company in the amount of $513,386.30 Engineer's estimate was $463,000. For a copy of the bids please refer to page -for your reference. i i M and is The THOMAS LAKE ROAD STREET IMPROVEMENTS PROJECT 237 FOR EAGAN, MINNESOTA CONTRACTORS 1. Arcon Construction Co. 2. Richard Knutson, Inc. 1 3. Fredrickson Excavating 4. McNamara Vivant Contracting 5. Minnesota Valley Surfacing Co. 6. Fischer Construction Co. 7. Enebak Construction Co. 8. Wangerin, Inc. . 9. Road Constructors, Inc. 10. B -Tu -Mix Company I 11. D.L.R. Construction Co. 12. Progressive Contractors 13. 14. 15. 16. 6 Engstrom, Inc. os., Inc. Leguil natruction Co: 0 BID TIME: 3:00 P.M., C.D.S.T. BID DATE: Thursday, Aug. 31, 1978 TOTAL BASE BID Engineer's Estimate---- $350,000 • LAW OFFICES i THOMPSON. NIELSEN. KLAVERKAMP & JAMES A PROFESSIONAL ASSOCIATION BRUCE F.THOMRSON D.JAME5 NIELSEN BRUCE W. BLACKBURN . PAUL H. NLAVERKAMP BRUCE B.JAMES GRANT J. MERRITT RICHARD J. KEENAN R- D. ESTES ROGER A. JOHNSON JOHN D. PARSINEN DONALD P. NORWICH RICHARD MASSOPUST. JR. JOSEPH ALEXANDER RICHARD S. GOODMAN JAMES M. CHRISTENSON ROBERT A. LEVY PATRICK J. McLAUGHLIN HOWARD S. MYER5. TR Paul H. Hauge, Esq. Hauge & Hoey, P.A. 3903 Sibley Memorial Eagan, MN 55122 Dear Mr. Hauge: 4444 IDS CENTER BO SOUTH EIGHTH STREET MINNEAPOLIS. MINNESOTA SS402 highway August 31, 1978 TELEPHONE (612) 3394546 Re: Bid Opening for Thomas Lake Road This letter confirms our telephone discussion of August 30, 1978 on behalf of our respective clients; ours, Mr. and Mrs. James Barker, and yours, the City of Eagan. That discussion was an outgrowth of our clients' opposition to opening of bids at 3:00 P.M. on August 31, 1978 on the contract for the construction of. the road based upon this procedure's alleged noncompliance with Minnesota Statute'5116D.04, Subd. 1 (1976), and 6 MCAR §3.031E. We have agreed to refrain from seeking a restraining order and injunction prohibiting the opening of the aforementioned bids in con- sideration for the following: 1. That although the bids may be opened at the above- mentioned time, in no event will a contract or contracts be awarded based upon or related to such bids before September 19, 1978 or such time as the parties may settle their differences regarding the proposed road, 2. ,That this agreement is entered into for the purpose of permitting the parties to conduct negotiations and in no way limits the rights of either party to resume legal action and to assert therein all claims or defenses available to them absent this agreement in the.event that the differences which presently exist between them cannot be mutually resolved. 3. That this agreement in no way implies that Mr. and Mrs. Barker concede the legality of the bid opening hereby permitted. ,� a 0 THOMPSON, NIELSEN, KLAVERKAMP S JAMES Paul H. Hauge, Esq. August 31, 1978 Page 2 Lastly, it is my understanding that the parties will make good faith and reasonable efforts to conduct negotiations concerning their differences during the week of September 4, 1978. In the event that the above accurately reflects our agreement, please so indicate by endorsing this letter in the appropriate place below. Very ruly you H ward S. (SaMyers, III HSMi: sw i We accept the above as an accurate reflection of the agreement of 'the parties and agree to abide by its terms. Pain H. Hauge CITY OF EAGAN BY Its L a3 1 • • PAUL H. HAUGE & ASSOCIATES, P.A. t ATTORNEYS AT LAW 1 3908 SIBLEY MEMORIAL HIGHWAY' - EAGAN IST. PAUL), MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH September 15, 1978 Eagan City Council City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 RE: Thomas Lake Road Gentlemen: AREA CODE 612 TELEPHONE 454-4224 Bob Rosene and I have been negotiating with a number of owners along the new Thomas Lake Road for acquisition of easements and the following is intended as an up -dated. 1. James Barker. We have had several meetings with Mr. and Airs. Barker and their attorney and you are aware that the Barkers have attempted to tie in the improvements on Thomas Lake Road with the Environmental Impact Statement commenced by Dunn & Curry f-or.L'he B.lackhawk Park Planned Unit Development in November of 1977. The claim is that the new road is a part of the development within the Planned Unit Development and therefore, no work can be commenced until the EIS has been approved. It is not expected that the EIS will be approved for a number of months. A threat has been made to begin a restraining action to enjoin the City from awarding the contract to the low bidder for!the road improvements until. the EIS is approved. Such an action will be brought in the Dakota County District Court but would end up I with the Environmental Quality Board and at a meeting of the EQB, the chairman. indicated that under the environmental laws that the Barkers might have the basis for being successful in their restraining order action. i I In the negotiations with the Barkers, it appears that they would be satisfied if the road right of way would be moved West 30 feet from where there is an existing easement on the West line of their property so that the entire 80 foot road right of way would be on the Fortune Rcalty property which is zoned for commercial use under, the Blackhawk Park PUD. Byron Watschke of . Fortune Realty indicates that the density on the commercial property would, of course, be substantially affected by giving up an additional 30 feet of land for the right of way. However, the last indication from Mr. Watschke was that he was considering granting the additional. 30 feet right of way thereby taking the road right of way off: of the Smith, Barker and Sher.er property if engineeringwise. it is feasible. The small parcels would require slope easements only. It would appear that the road assessments against each of: the three parcels could be based on a residential equivalent basis perhaps at a mini.mum number of frontfeet, eg. 120 feet per parcel. Each owner has approximately 400 - 450 feet along Thomas Lake Road and the stipulation could be made that in the event that the land is developed that the normal rate for the type of development would be assessed against that property at that time. d y Page 2 September 1.5,- 1978 Fagan City CoatiCil The acquisiA.'_on of the other easements from the Hagan 40 Property on the North side of Rlnckhawk, Dunn h Curry, Independent School District #196 and Fortune Realty are progressing snti_sfactor.y. PHI]: cag I Very truly yours, Paul. 11. Ilmige `N 0 WESCOTT ROAD MSAP 195-106-02 STREET IMPROVEMENTS FOR EAGAN, MINNESOTA I 1. Minnesota Valley Surfacing 2. McNamara Vivant Contracting 3. Fredrickson Excavating 4. D.LIR. Construction Co. 5. Ricliard Knutson 6. Arcon Construction 7. Enebak Construction Co. 8. B -Tu -Mix Company 9. Wangerin, Inc. 10. Progressive ContractorsInc. 11. Husting 6 Engstrom 12. Holm Bros., Inc. I 13. Brown & Leguil 14. Ames Construction Co. 15. Alexander Construction Co. 16. Fischer Construction Co. Engineer's Estimate OM 0 BID TIME: 3:00 P.M., C.D,S.T. BID DATE: Friday, Sept. 1, 1978 TOTAL BASE BID 75.000.00 1 • THOMAS LAKE ROAD & WESCOTT ROAD SEWER, WATER & STORM SEWER PROJECT 239A FOR ' EAGAN, MINNESOTA 1. Centennial Contractors Corp. 2. Barberossa & Sons, Inc. 3. Orfei & Sons, Inc. 4. Lametti &.Sons, Inc. 5. Nortfi Central Underground, Inc. 6. Encoo Utilities, Inc. 7. Parrott Construction Co. 8. Fredrickson Excavating Co. 9. Riche rd Knutson, Icic. 10. Fischer Construction Co. BID TIME: 3:00 P.M., C.D.S.T. BID DATE: Thursday, Aug. 31, 1978 TOTAL BASE BID Engineer's Estimate ----$463,000 � 4S S 2/. r. // 7 Agenda Information Wo Page 5 September 15, 1974 CONTRACT EXECUTION FOR MALLARD PARK 2ND AND 3RD ADDITION UTILITY IMPROVEMENTS E. Contract Execution with Fredrickson Construction Company for utility improvements in Mallard Park 2nd and 3rd Addition -- The contract between the City of Eagan and Fredrickson Excavating Company, Inc. for constructing sewer, water, and storm sewer in Mallard Park 2nd and 3rd Additions are in order for execution by the City Engineer and City Clerk. The total base bid for these utility projects is $248,034.10. Utility improvements are referred to as Improvement Project 216. COUNTY ROAD 31 FUNDING F. County Road 31 Funding -- City Council Member Wachter and Mayor Murphy are requesting that there be a discussion to consider requesting Dakota County to consider funding for County Road 31 improvements in the 1979 County Road Budget. FEDERAL REVENUE SHARING -- STATEMENT OF ASSURANCES G. Federal Revenue Sharing, Statement of Assurances -- The City Administrator will present the Statement of Assurances for .federal revenue sharing which require signature by the Mayor. The Statement of Assurances is an indication to the federal government that the City of Eagan will assure compliance with certain regulations set forth under the criteria governing the use of federal revenue sharing funds. The actual proposed use hearing for federal revenue sharing will be scheduled at the October 3, 1978 meeting. 1979 AUDIT REPORT H.I 1979 Audit Report -- The City Administrator will briefly explain and answer any questions pertaining to the 1979 Audit Report. It is recommended that said report be approved by the City Council. The City Administrator has.discussed some resolutions with the Auditor, Mr. Roger Katzenmaier which may beIready for presentation at the meeting on Tuesday. SIGN ORDINANCE CONSIDERATION FOR AMY'S RESTAURANT I. Jan Susee, Attorney for Amy's Restaurant, informal appearance regarding sign oruinance -- Mr. Jan Susee, Attorney representing Amy's Restaurant, is requesting a clarification on the location oflbusiness signs for Amy's Restaurant. The ordinance regulating signs, more specifically Section 16.05 -- Subdivision 1, reads, "No more than one business sign for each major street frontage should be permitted for each business located within such building." Mr. Susee is asking the City to rule whether a business front on two major streets if that business can select any of the two sides of the property they wish to locate the signs.' Also,.whether a second sign permit can be issued on a proposed major -street although the street is not in the construction stage. The Building Inspector and City Attorney both feel that the matter should be discussed with the City Council and an interpretation or clarification.should be made re aiding t se uestions. � i i y minira or C_0 • MEMO TO: IiONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 15, 1978 SUBJECT: INFORMATIVE MEMO I spoke with Mr. Hyde regarding the briefs prepared for the I -35E crossing over Blackhawk Lake that was submitted to the State Hearing Examiner. Mr. Hyde indicated that all the reply briefs were submitted on September 8, 1978 and the Hearing Examiner is expected to make some type of ruling in the month of October. He indicated that he would be happy to appear before the City Council once a decision is made by the hearing examiner to discuss the matter in further detail. I will keep the City Council posted of any development by the State Hearing Examiner. Mr. Palmer has agreed to allow the Eagan Volunteer Fire Department to burn the buildings down on Cedar Avenue. I have arranged with the Fire Chief, Mr. Bob Childers, to set a date which will more than likely occur on a Saturday morning, to proceed with burning the buildings. City Attorney Hauge was notified to'discontinue condemnation proceedings with Mr. Palmer and the matter appears to be resolved. I have a letter as a matter of record from Mr. Palmer requesting that the building be burned by the Volunteer Fire Department. Aimile two program has been set for September 21, 1978 at the Thunderbird Hotel in Bloomington to discuss intergovernmental problem solving. The mile two program is being sponsored by the Minnesota State Planning Agency and the Metropolitan Council. The program sounds extremely interesting and if any member of the City Council would like to be in attendance that day, the cost to the City is only $5, so please indicate to me and I will provide.additional information at the meeting on Tuesday. I - The League of Minnesota Cities has several.League regional meetings around the State of Minnesota each fall. This year year, the metropolitan area regional meeting is sponsored by the City of Brooklyn Center and it will be held at the Holiday Inn in that 'City. The meeting is a dutch treat dinner that begins at 6:30 p.m. and is then followed bya question and answer Ran Informative Memo Page Two September 15, 1978 session with participation by legislators, candidates, representatives of several state agencies, and the League staff. It is an opportunity to discuss a number of issues that may be coming up before the legislature that affect municipalities. If members - of the City Council wouldilike to attend the meeting, please contact me and I will make the necessary arrangements. I will again notify the City Council of this meeting in early October. Since the City of Eagan is involved with Industrial Revenue Bonds, I felt an article that appeared in a recent ICMA Newsletter entitled "Innovative. Financing Plan" should be shared. Please find a copy of this article ori page J^1 for your reference: On pages 3a through 33 is a copy of a notice that was served to the City of Eagan by the attorneys for Thomas J..' and Frances Winkle. The Winkle's.live to the east of the Finnegans on McCarthy Road and are the property owners who di.d experience a rather serious drainage and erosion problem on the west side of their property. The Winkles have decided Co proceed with correcting their problem and improving their property and feel that the City of Eagan and/or the Oslund Construction Company are partly liable for the improvements. City Attorney Hauge is responding to Mr. Marooney's letter on behalf of the Winkles and will comment in further detail at the meeting on Tuesday. Enclosed on page 3q is a copy of a memorandum from Police Chief DesLauriers providing information about Officer Kasat and and his dog, Joe's,. trap to Washington D.C. for the national K-9 trials. Algo enclosed on page -35 is a memorandum from Police Chief DesLauriers addressing the squad car accident that occurred on Cliff Road and Ches Mar Drive. I have discussed this matter with the City Council approximately 2 weeks ago, indicating that the City would receive approximately $2,000 in an insurance claim for the accident that occurred. Police Chief DesLauriers would like some directio n how to sell the vehicle. Police Chief DesLauriers has prepared a memorandum of commendation for Dispatcher Marlene Adam and Officers Conyer, Brule and Meszaros. I would like to share those with you, and have enclosed a copy of each of those commendations for your reference found on pages 3b through 27 - y_ ,. !� : rO 71♦ V1 PRESIDENT SIGNS URBAN POLICY ORDERS Four executive orders designed to focus more federal attention on urban needs were signed by President Carter in August. They are the following: I o Central business districts will be given "first consideration" when locating federal building and leasing office space. o Federal agencies will do more purchasing in areas of high unemployment. o 'I'Urban and community impact analyses" will be made by the administration to identify any possible adverse effects federal policy proposals may have on cities, counties, and other communities. • An "inter -agency coordinating council" was formally created to eliminate conflicts between federal agencies in operating urban programs. ICMA Executive Director Mark Keane attended the ceremony at the White House and commented, "We welcome the administration's action and believe that,in addressing.urban problems on various fronts, it will decidedly have a positive impact on the future of urban management." PLANNING A CAREER IN LOCAL GOVERNMENT? Management Careers in Local Government --A Career Planning Handbook is available free to ICMA_members. We have a limited supply left over from our mailing to all Associate Assistant members ilast"April, so it's first come first serve and one copy per member. The handbook was prepared Iby the Municipal Management Assistants of Southern California. It shares the experi- ences and insights of some young professionals who havelfaced critical career decisions in local government. For your copy, contact Stanley Wolfson, ICMA staff and include a self- addressed mailing elf- addressedmailing label, (The handbook is available to non-members for 50 cents.) International 1 City Management Associationl 3i September 11, 1978 INNOVATIVE FINANCING PLAN Pueblo, Colorado (Fred Weisbrod, CM) has be- come the first city with a council-manager form of government to adopt an innovative financing plan that cuts homeowners' mortgage costs and expands the city's tax base. The other two cities which have adopted"similar-- plans are, as of this writing, Chicago and Denver. Both the Wall Street" Journal, in an August 21 story by Byron Klapper_and the August 28 edition of Time have provided coverage on this subject. On August 28, the Pueblo city council voted to issue $20 million in industrial revenue bonds for single-family home mortgages aimed at families with up to $20,000 in annual income. "The net effect will amount to 2-2_; in savings from the 10; conventional financing of mortgages in private money markets,'' Weisbrod told the ic;dA Newsletter. A monthly payment of $450, for example, would then be reduced to approximately $355, enabling more families to attain the goal of home ownership." And.as the Wall .Street. Journal points out, "The bonds aren't general or moral obligations of cities, which lend their names for tax- exempt purposes, and channel the funds into areas needing economic development.... Mortg npu holders get the benefit of low-interest tax- exempt bond money while cities avoid the bureaucracy of setting up yet another housing Finance agency." For an information kit on the plan, Girite Barbara Eller, PIO, P.O. Box 1427,- Pueblo, Colo., 81002. IN THIS ISSUE NUTS AND DOLTS SPECIAL FEATURE--NTDS SEMINAR FROM AUSTRALIA, WITH LOVE GNINNALP NI NOWHERE 0 MALIN, HAZEL, GREEN. HAYES, SI MON AND ARETZ JOSEPH A.MAUN ATTORNEYS AT LAW CHARLES BANS M ERLYN C.GREEN BARRY A. GERSICN LAWRENCE J. HAYES GEOFFREY P. JA9PE JEROME G.GIMON 332 HAMM BUILDING RICHARD M. GAALSWYA RICHARD E.ARETZ SAINT. PAUL. MINNESOTA SS102 LAWRENCEJ. McUH JOHN A. MURRAY JOHN T. H A RT1.1N JOHN C.JOHANNESON TELEPHONE: AC-612-221-IO12 DOUGLAS C. GREEN JAMES W. GREHL BARBARA J.COIIf1ELL BRUCE G. OOLAUG ALBERT A.WDODWARD MINNEAPOLIS OFFICE RICHARD O.GONOHOG GARRETT E. MULROONCY GCOO FRANCE AVENUE SOUTH, SUITE 445 ROBERT A.DWORSKY 221-1825 MINNEAPOLIS, MINNESOTA SS435 WILLIAM J. HASSING WRITER'S DIRECT LINE MMES A.G MONAHAN JAMES 4. GALLAGHER TF_LF_PHON E:AC-G12-927-0763 September 6, 1978 Members of the City Council City of Eagan City Hall 3795 Pilot Knob Road Eagan, Minnesota 55121 Mr. Thomas Hedges City Administrator City of Eagan City Hall 3795 Pilot Knob Road Eagan, Minnesota 55121 Oslund Construction Company C/o Robert E. Oslund 1514 McCarthy Road Eagan, Minnesota 55121 Re: Winkel vs. City of Eagan and Oslund Construction Company Gentlemen and Members of the Eagan City Council: SES 7 1197 We are attorneys for Thomas J. and Francis Winkel. You are aware from the many direct communications Mrs. Winkel have had with you, that they have a serious and erosion problem involving the west side and rear of erty at 1575 McCarthy Road, Eagan, Minnesota. Mr. and drainage their prop - These problems are apparently due to inadequate storm sewer and drainage systems and to insufficient land fill and/or other techniques to accommodate these foreseen problems involving their particular lot when it was prepared -Cor construction. As the deterioration continues, practically with every rain, the Winkels' substantial investment can no longer go unprotected awaiting the promised assurances from you as to how the problems 3), - 0 • MAU N, HAZEL, GREEN, HAYES, SIMON AND ARETZ September.6, 1978 (Page Two I should be remedied ;repair, replacement -the difficulties. and as to who of you will defray the cost of and elimination of the conditions that produce Unless we hear from.you as mentioned below, L -he Winkels there- fore intend to go ahead to hopefully have the problems corrected at an estimated cost of approximately $1,850.00. The work is to Abe done by the Highland Nursery of St. Paul according to the pro- ,posal'ana planning of its civil engineer, Hank Herrick. We under- stand that the plan of Mr. Herrick has been considered and given substantial approval by Eagan's civil engineer, Bob Rosene. If you with to influence the Winkels' judgment along these lines in any way, please get in touch with the undersigned right away. Unless we hear from you, the work will commence on Wednesday, September 13, 1978. Thereafter, the Winkels will look to you for compensation respecting their expenses, including the cost of repair, replacement, etcetera mentioned above, any diminution in the value of their property, and attorneys' fees and other items of special damage, including but not limited to, the cost of obtaining an ease- ment from the adjoining property owner. Than], you for your attention. GEM: cm cc: Mr. Thomas J. Winkel Very truly yours, Garrett E. Mulrooney 23 Martin DesLauriers Chief of Police TO.: FROM: ii III :III ;�1 epartment Thomas L. Hedges, City Administrator, Chief of: Police SUBJECT: Results of. National. K-9 Trials Washington, D. C. 8/5 - 8/9/78 11 September 1978 In the Straight Attack Work Officer Kasat and Joe received . 156 points out pf a possible 160, to place in the top twenty dogs. This event included the Standoff (recall of the clog without biting the agitator). - i TO the Agility OFAcer Kasat and Joe received 55 points out of: a possible 60 points, to place in the top twenty -Five dogs. i Officer Kasat and Joe received a National Proficiency Rating by scoring over 420 points. In the over-all category, George and Joe placed in the upper half of the clogs in the country. George would 1i.ke me to extend his thanks to the Eagan City Council for the opportunity to compete :in these trails; he felt it was an honor and a privilege. . . MI/vk cc_: Sergeant Patrick Geagan t / /Martin DesLauriers Martin DesLauriers CK& of POW TO: PRO: is 0 0"agan J3® • epart eat Thomas L. Hedges, City Administrator Chief. of Police SUBJECT: 1977 LTD Squad #4 ND/vk 10 September 1975 On August 26, 1975 Cadet Paul_ Schneider-w"s i.nvulvcd Ln a motor vehicle accident on Cliff Road and Ches Mar Drive in squad 114. The driver of the other vehicle, Oscar Carlson, made an illegal left turn in front of Paul causing damage to the front end of the squad - total damage is $2,009.22. We Nil. receive a check from Mr. Corlson's :insurance carrier f:or that amount. This vehicle has over 70,000 miles on it and 1. would like to sel.l it to the highest bidder; Phil's Auto Body may he interested and also others. Please let me know whet procedure the City Council_ would like me to follow in order to sell. it - shall. I ndverCise nr_just cnl.l several hody and salvage places? $2,009.22 Ls probably just about what we would have received. before the accident, on a trade-in for a new vehicle. M rti.n DcsT,auri.crs Martin DasLauriars Chiof of Polico TO: Dispatcher Marlene Adam FROM: Chief of. Police_ SUBJECT:' Commendntion epartAt 22 3 September 1973 Sergeant Aszmann has written me to commend you for the cxr-cl.l.ent joh of di.spnl:chi.oA nn the n'i_1•,hC of An;•,nst :'_0111 durhig. the heavy rain and flooding. 'I: quote in port frons his memo: "Marlene handlers more than 55 T..C.'s on her shi.ft and probably hundreds of phone calls. She not only kept LIS a11advised of the calls hilt had to relay information to both faire and rnad departments as well. with six officers on the street with ail we could handle, I am sure Marlene experienced great pressure to get n1l the :information accurate and relay the same to us. She has again shown what a valuable employee she is." Please accept my thanks as well as Ken's for the excellent job you did that night, Marlene. Your expertise is very much appreciated - I Sincerely, , / cc' .. May /L'i.n Desl.auri.ers MD/vk � cc: Tom }ledges" Ken As-rmnnn - 3b Oppepa Mint ratan Voijiz Eaga Matin DosLauriors Chiof of Polico September 1978 TO: Officers Conyers, Rrule and Meszaros. FROM: Chief of Police SUBJECT: Commendation Sergeant Aszmnnn has written me to commend you for the excellent job you did in recovering a stolen outboard mn tar for C.1.:if:f Road Spnr tr.. T quntc in pari: 1-1-an1 hi!; memo: "Mule assisting Inver Grove Heights ..last night (9/2), Cal Ojempra told me that two of the subjects that they were dealing with may have been involved in the theft (of the outboard motor). With justtheir names and that little information, Ken, with the help of: .Terry Meszaros C�• and Dale Rrul.e, was able to get our motor back. Ken came in after his dog shift and with Meszaros, picked up the two subjects, Engrin and Macado, and wiChgnod police work recovered the motor and cleared our case. "Ken, ,Terry and Dale showed very good team work and coopern- tion :in solving the case. • "I th:i-nk Ken showed great'l.oyalty to our department b_v coming in after a clog shift and following up on this :infnrmnt.i.on." Please accept my thanks as well as Ken's for your excullent - polAr-e work. S.hicerf.l.y, .I Ifa tfn DesT,nur-i.ors cc: Tom TTedgesJ Ken Aszmann .. . _ 3� • • • awn- - AGENDA SPECIAL MEETING CITY COUNCIL EAGAN, MINNESOTA CITY HALL AUGUST 23, 1978 7:00 P.M. I. 7:00 - Roll Call and Pledge of Allegiance. II. 7:05 - NEW BUSINESS. A. Rosemount School District 196, for ening frOul PD, Planned Development to PF,)lic Facilities District for an elementanchool in the southwest 1/4 of the northeas,/4 of Section 28. III• 7:30 - OLD BUSINESS. A. Review of 1979 Operating Budget. IV. OTHER BUSINESS. V• ADJOURNMENT. r MEMO TO: FROM: DATE: SUBJECT: -A HONORABLE MAYOR -AND CITY COUNCIL. MEMBERS CITY ADMINISTRATOR HEDGES SEPTEMBER 18, 1978 INFORMATIVE MEMO Enclosed is a memorandum concerning the purchase of a new copy machine that is to be used in the City Hall. As you recall, the Minolta copy machine will be used in the new Police Department facility with the understanding that a new copy machine would then be purchased for the City Hall facility. My secretary, Sharon Kline, has done extensive research on a number of various copy machines taking into account cost, efficiency, capability and many other related items in preparing' some data for consideration by the City Council. I would like to discuss this matter as a part of the Administrative Business at the end of the City Council meeting as time permits. Approximately 10 days ago I mentioned that there would be a surprise award presented to Mr. Ken Southorn by a . represen- tative of the American Red Cross. Mr. Southorn thinks that he is attending the City Council meeting for the purpose of discussing the 1979 Budget and has no knowledge of the award presentation that will be presented to him that evening. Mr. Southorn did save a life in the City of Bloomington and because of his efforts and the entire circumstances, will receive one of the highest awards given by the American Red Cross. Mr. Mac Carll and other representatives of the Fire Department should certainly be complimented, possibly outside of the meeting, for their involvement in making this whole award possible. Consulting Engineer Bob Rosene had a meeting at the Winkle's property on McCarthy Road regarding storm water drainage. The meeting was held the same day that the City Council had a special session to discuss the budget. Enclosed is a copy of Bob's notes regarding that meeting. Also enclosed is a letter I received from Bob Rosene regarding the replacement of some sanitary and storm sewer lines along Cedar Avenue north of Trunk Highway 13. Bob has presented two proposals which one proposal is quite expensive regarding the replacement of lines and the second consideration is to not relocate the lines but to perform some additional precaution work which will keep the mains in place. HONORABLE MAYOR -AND CITY COUNCIL. MEMBERS CITY ADMINISTRATOR HEDGES SEPTEMBER 18, 1978 INFORMATIVE MEMO Enclosed is a memorandum concerning the purchase of a new copy machine that is to be used in the City Hall. As you recall, the Minolta copy machine will be used in the new Police Department facility with the understanding that a new copy machine would then be purchased for the City Hall facility. My secretary, Sharon Kline, has done extensive research on a number of various copy machines taking into account cost, efficiency, capability and many other related items in preparing' some data for consideration by the City Council. I would like to discuss this matter as a part of the Administrative Business at the end of the City Council meeting as time permits. Approximately 10 days ago I mentioned that there would be a surprise award presented to Mr. Ken Southorn by a . represen- tative of the American Red Cross. Mr. Southorn thinks that he is attending the City Council meeting for the purpose of discussing the 1979 Budget and has no knowledge of the award presentation that will be presented to him that evening. Mr. Southorn did save a life in the City of Bloomington and because of his efforts and the entire circumstances, will receive one of the highest awards given by the American Red Cross. Mr. Mac Carll and other representatives of the Fire Department should certainly be complimented, possibly outside of the meeting, for their involvement in making this whole award possible. Consulting Engineer Bob Rosene had a meeting at the Winkle's property on McCarthy Road regarding storm water drainage. The meeting was held the same day that the City Council had a special session to discuss the budget. Enclosed is a copy of Bob's notes regarding that meeting. Also enclosed is a letter I received from Bob Rosene regarding the replacement of some sanitary and storm sewer lines along Cedar Avenue north of Trunk Highway 13. Bob has presented two proposals which one proposal is quite expensive regarding the replacement of lines and the second consideration is to not relocate the lines but to perform some additional precaution work which will keep the mains in place. Informative Memo Page 2 September 18, 1978 Also enclosed is a copy of a letter that was received from Mr. Ken Ketcham to Mayor Murphy and all members of the City Council regarding the rezoning and waiver of platting require- ment for Martin Shields propertyjcorner of Towerview and Quarry Lane which is an item on the agenda for tommorrow evening's meeting. I will be discussing this matter with our City Attorney, Paul Hauge, and Park Director Barb Schmidt. I hp a-.0 44 I edC42 City Administratrat—o MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 18, 1978 SUBJECT: PURCHASE OF NEW COPY MACHINE The current copy machine which the City has will be going with the Police Department when they move into their new facility. Because of this, the City Hall will need to purchase a new copy machine. The City Hall currently makes about 12,000 copies per month or 144,000 copies per yearr -- a copy load which exceeds the limit of our current copy machine. In order to meet the needs of the City's ever growing copy needs, the following are specifications that the new copy machine must meet: 1. Must be able to copy on any plain bond paper. This will enable staff to copy directly on City or other letterhead, colored paper, transparancies, mailing labels, and paper stock. Plain bond paper copies produce consistently high quality, permanent copies. This is important for copies that must be filed as permanent records. Although plain bond paper copiers are more expensive initially, they are built fur heavy volume use and bond paper is much less expensive than treated paper. This results in a cost per copy that."s'less than for treated paper copies (which the City currently has) and a large volume user like the City will quickly make up the difference for the larger initial cost of the machine by the savings on each copy. 2. Must be able to produce copies at a minimum rate of 20 copies per minute. Our present copy machine produces 13 copies per minute which is too slow. An increased copy output of 30% would not only save man hours, but would also reduce the amount of time that the machine is tied up. For example, the Council packet takes approximately 2-3 hours to copy. This makes it extremely difficult for other departments to run a lot of copies on those Friday afternoons. A faster machine would allow more copies to be run in a shorter amount of time. This will save money in man hours to operate the machine and also will be more efficient. Copy Machine Page Two September 18, 1978 3. Must be able to copy on both will save money by reducing mail sharply in the past years. This and cut down on paper costs. sides of the paper. This ng costs which have risen will also save filing space 4. Must be able to use both letter and legal size paper. The City gets a number of legal sized documents and often needs to reproduce these. Several companies were contacted and only machines that met the above specifications were investigated. A summary of each follows. PLEASE NOTE: The cost per copy is a very important figure as a 1C difference per copy for 144,000 copies per year makes an operating difference of $1,440. This should be a primary consideration with the initial purchase of the machine being secondary. The anticipated down time of the machine should be an important consideration between two comparable machines. Savin Model 780 Purchase Price - Installation - Expenses per year 144,000 copies $6,220.00 53.35 $6,273.35 = cost per copy Maintenance Agreement @ $80/month $960 288 reams of paper 641 Toner -Developer 490 $2,090 144,000 = 1C per copy COMMENTSDid not copy NCR paper, therefore, unacceptable Recommended that only SAVIN paper be used Clumsy for copying maps and large documents 2-4 hour repair service Royal II Purchase Price - $7,295 (new) $6,495 (demo) Cost Per Copy - Maintenance Paper Toner Preventative Agreement Maintenance Calls $31,08 144,000 = 2C per copy $1,020 641 437 1,010 $3,108 Copy Machine Page Three September 18, 1978 COMMENTS: 1-5 hours down time;. Minolta Did not meet specifications (copy speed) will not be on market until January Xerox 3100 Did not meet specifications (not recommended for two-sided copying) Xerox 4000 Met specifications, but $10,165 price was out of anticipated range. (See page 5 for breakdown of price per copy) 3-M Secretary III Purchase - $9,405.00 Cost per copy Service $1,000 drums 897 powder 576 paper 641 3,114 $3,114 144,000 = 2C per copy COMMENTS: Comes with sorter and stand Toshiba Purchase Price - $7;495.00 Installation - 50.00 $7;545.00 Cost per copy Service $1,188 Paper 641 Supplies 1,512 $3,341 $3,341 144,000 = 2C per copy COMMENTS: Reduces Same day service - usually 2 hours or less New in market area - none placed in Twin Citses yet Copy Machine Page Four September 18, 1978 Pitney Bowes Purchase Price - $4,745.25 (Remanufactured Machine) Installation 50. $4,795.25 Price Per Copy Service $1,422 Paper 641 Powder 864 2,286 $2,286 144,000 = l�fi per copy COMMENTS: Needs 220 wiring Clumsy for maps Only let�er and legal -- no capacity for larger copies Very fast (37 copies per minute) Cannon NP -5000 Purchase Price - $7,995 Cost per Copy - Service $ 900 Drums 400 Paper 641 Developer 125. Replenisher 140 $2206 $2206 144,000 = 1�-,C.per copy COMMENTS: Excellent Service- Company will guarantee 2 hour repair service Service man will call once a month to check machine whether called or not Salesman indicated that he will negotiate some on the price (which is a government price) Copy Machine Page Five September 18, 1978 XEROX 4000 Purchase Price - $10,165 Cost Per Copy - Maintenance - Paper Powder Fuse Oil Developer $1,691.64 641.00 196.00 27.00 221.16 $2776.80 $2776.80 144,000 = 2C a copy COMMENTS: This machine does two sided copying automatically Very fast -- 45 copies per minute Should use a special type of paper that is resistant to static electricity Copies letter and legal -- does not have the capacity for larger documents Service - Usually same day and lit hours down while repairing (Average of down time -- 5-6 hours) Information on an IBM Copier II will be available at the meeting on Tuesday. City Administra r MENO FOR RAGAN FILE NO. 49 September 14, 1978 By RWR MEETING AT WINKELS ON MC CARTHY RD. RE: DRAINAGE Present - Bill Branch, Bob Rosene, Mr. 6 Mrs. Tom Finkel, Mr. 6 Mrs. Wendel Carlson, Mrs. Holz, Mr. Mark Jensen and Mrs. Richard Finnegan After much discussion, the following points were made clear: 1. No one is in favor of cutting new sweles between their houses as proposed by us. 2. Action to start cutting such swales would meet with much opposition. We have an easement on only one lot line.. 3. No one present is at all sympathetic to being assessed for such improve- ments and feels that, if.en assessment were required, it should be spread over the entire area contributing drainage to the problem. 4. Wendel Carlson who lives just east of the storm sewer easement stated that in 7 years he has seen no problems like we have had twice this year. Usually the flooding of the intersection is :minimal. He beliebes an added catch basin at the low point would he beneficial as the present catch basin sometimes gets plugged up by debris washing in. 5. All are concerned that no action has been taken on correcting the erosion problem in the Winkel backyard. Winkel@ stated they were starting court action against the City and their builder to pay for this. 6. Some stated that, during heavy flows, much of the water in Red Ceder flows past the catch basins. Some doubt that the pipe gets full. After review of the conditions discuaeed and opininna presented, the following course of action is suggested: 1. Add a catch basin on McCarthy Road beside the one at the low point. Raise the curb box on the catch basin west of this to provide more curb opening which is lase subject to plugging by debris. Pay for this work from the storm sewer trunk fund. 2. Attempt to resolve the payment for erosion repair in the Finnegan and Winkel yard with the property owners and builder without court action. 3. Review catch basin locations and elevations to see if anything should be or could be done to improve the intake capability of each. 4. Observe the area for the next few years to see if any major problems re- occur. If sufficient problems are encountered, a storm sewer relief line may have to be constructed at a major cost which would logically be aeseesed �er the entire drainage area. RWP. JCA KAr September 15, 1978 City of Sagan 3795 Pilot Knob Rd. Eagan, Mn. 55122 Attn: Mr. Tom Hedges, Administrator Re: Cedar Avenue Trunk Sanitary b Storm Sewer Eagan, Minnesota File No. 49 Dear Sir: This will confirm our discussion relative to the existing trunk sanitary and storm sewer along present Cedar Avenue north of T.H. 13. The 18" vitrified clay pipe on the west side and 48" reinforced concrete storm sewer pipe on the east side will be covered by an additional 11 fent: of fill pt the area where new T.H. 13 will crone Cedar Avenue. Mn/DOT has stated that these pipe@ which were Installed as pert of the initis:l Cedar Grove development were placed in the hlghlepy rlcht-of-way in 1959 by permit which states that any utilities which nerd to he renoved or replaced due to future highway construction will be done at the expense of the owner of the utility. The Mn/DOT staff have suRgeated that these lines be replaced with stronger pipe at City expense and manholes which occur within their new T.H. 13 right-of-way be removed. A rough estimate of cost to replace these lines across the new right-of-way is as followai IB" Sanitary Sewer $20,000 to 530,000 4R" Storm Sewer $40,000 to 560,000 A possible alternate to replacing these lines is to determine, by a soils in- vestigation, that the backfill which has been In place for almost 20 years to sufficiently consolidated around the old pipes to prevent damage due to the added fill. Such a study is estimated to coat from $1,500 to $2,000 and would be done by Twin City Testing Co. It is recommended that such a atndy be authorized to he undertaken as soon as possible. Some expenses will be incurred to remove and replace manholes even if the lines are found to be capphle of carryinc the added fill. 1'ape 1. City of Eagan Eagan, Mn. 55122 Re: File No. 49 September 15, 1978 It should also be added that we have been notified that certain sever and water lines in new T.N. 13 near Silver Bell Road will need to be relocated to accommodate further construction there. As soon as n layout,is received which indicates those lines to be moved, an esti;nste will be prepared of this work. Yours very truly, BONESTROO, ROSSNE, ANDERLIK 6 ASSOCIATES, INC. Robert W. Rosana RWR:Ii cc: Alyce Bolke Bill Branch Paul Hauge Page 2. KETCHAM, GREEN & REGIS ATTORNEYS AT LAW 1456 YANKEE DOODLE ROAD YANKEE SQUARE CENTER EAGAN. MINNESOTA 55121 KENNETH P. KETCHAM GARYJ.GREEN DOROTHY A. REGIS JAMES T. SKONNORD OF COUNSEL To: The Honorable Mayor Murphy Mr. Wachter Mr. Parranto Mr. Smith Mr. Egan September 15, 1978 TELEPHONE 16 1 21 454-6981 Re: Rezoning and Waiver of Platting Requirement for Martin Shields property corner' of Towerview and Quarry - I am representing Lynn Thiele, the purchaser of the lot described above which is on the city council agenda for your approval this coming Tuesday. The Planning Commission gave their approval subject to two contin- gencies. The first being the granting of a 30 -foot easement on the south and west side of the property if in fact they have not been dedicated already. The second contingency being the payment of $120.00 to the City of Eagan for park and open space use. If a 30 -foot easement has to be given to the City on the south and west side of this property, my client will not purchase the property and Martin Shields would have a hard time finding anybody to purchase the property. The future street will destroy the tree line presently exist- ing and detract greatly from the lot. I't has been the past experience that once an easement is given, the future road becomes a reality and the adjoin- ing property owners' wishes are ignored. Enclosed please find a page xeroxed from the Abstract for the prop- erty in question. The lot which is the subject matter of this request has been exempted from any future additional land requirement because of the virtue of the conveyance of 10 acres from Martin and Myrtle to the City of Eagan in 1975. This additional assessment seems to be con- trary to my sense of fairness whereby the property had already been assessed. LeMay Lake is located to the north and east of this lot and it looks inconceivable from viewing the site location that the City would extend Towerview to service Alphy LeMay's old place in the need to tuck the road between the lake and the existing houses. I would appreciate it if you could drive out and view the site in question before the meeting and realize that the Planning Commission's requests are superfluous and not needed for this particular lot. Thank you for your cooperation in this matter. KPK/bm Sincerely yours, Kenneth P. Ketcham City of Ea -an, Council, By 1 -Ls Mayor & Its City Clerk, J+ �o The Public.L�aV dedicated for park Ordinances from the CC of Resolution,dated June '7,_�?;• _ Recorded June 26,1975 as NOW THEREFORE, it was RESOLVED virtue of the conveyance of 10 acres of land fro; N:S:. and Myrtle E. Shields, his wife, co City of Eagan,dated May 29,1975, additional land shall be ^ecuired to and open space purposes in accordance with City following described lands: The NEi-of the 1XE4 of Section 9, Township 27, Range 23excep-c described as follows: Beginning at the intersectio:: of -::e EaSt lineV of Oslund Timberline Addition as platted and the North litre of Sec-::_:. 9, Tol7nship 27, Range 23; thence South along said cast line a diL-ca..c; of 660 feet to a point on said line; thence :last alo,-g a line para�lol UO the North line of said Section a distance of 859 feet to a poi:: -c; -hence North along a line parallel to the East line of Oslund Ti:::_,c- line Addition as platted, a distance of 660 feet to a poi n- o:: -,:he .Orth line of said Section 9;thence I -lest along the North line of said Section 9 a distance of 859 feet to the place of begi -.in ua except that part of the NEQ of Section 9, Township 27,Ran"e 23, described as follows; Beginning at the Southeast corner^ of Gslund Timberline Addition; thence northerly along the east line of said 0slund Timberline Addition to a point 660.00 feet south of the nor-:. line of the NE4 of said Section 9; thence easterly parallel grit:: ci: north line of said ND4 a distance of 663.75 feet; thence sout or_y, parallel with the east line of said Oslund Timberline Addition, -U0 the intersection with the easterly extension of the south line of said Oslund Timberline Addition; thence westerly along said easterly extension to the beginning, E The West Half (W -J) of the NW, of the ffi•J4 except the N of -:.e -hereof• and=tha-West 264 feet of South 165 .feet of , ; r.the n^a� of:�r� tier:; L `7 -c+_._ ,...:- all in Section lO,-- 2 _ Harold LeVander, Jr., ocwf Carla A., 82 to Xartir. Shields a/k/a :ar-in Siields and Myrtle c. Shields a/k/a Myrtle Shields, his wife. !gartin E. Shields a/k/a Martin Shields and Myrtle z. Shields a/k./a Myrtle Shields, :is wife, 83 to Harold LeVander, Jr. &wf Carla A. Q.C.Deed,(Joint Terancy)dated Au�.1G, 1977.Recorded Aug.29,1977 as Doc.;o. 495589. Conveys, The I•Jz- of 6he Z; of the Nlla except the Nz of tho Z and the West 264 feet of the Sou-6- feet ou- feet of the E j of the NW1 of the in Section 10, Township 27, Range 23. Q.C.Deed,(Joint Tenancy)dated AuS.13, 1977.Recorded Aug.29,1977 as Doc.No. 495590. Conveys, the lands dascribed at No. 82. AGENDA REGULAR MEETING CITY COUNCIL EAGAN, MINNESOTA CITY HALL SEPTEMBER 19, 1978 6:30 P.M. I. 6:30 - Roll Call and Pledge of Allegiance. II. 6:35 - Adopt agenda and approval of minutes. III. 6:40 - DEPARTMENT HEAD BUSINESS. A. Fire Department C. Public Works Department B. Police Department D. Park Department E. John O'Toole, Dakota County Assessor IV. 7:00 - OLD BUSINESS. A. John and Mary Remich, variance from the public street provision for a single family dwelling, located in the NE 1/4 of the SE 1/4 of Section 4. B. Speed limit study for Co. Rd. 26 between T.H. 13 and Co. Rd. 31 and Co. Rd. 30 between Cedar Ave. and Rahn Rd. C. Peoples Natural Gas Co. - explanation of natural gas explosion at Carnelian and Cedar. D. Wilson Robinson, North River Industries, Inc., for preliminary plat approval of Oakwood Gates, part of the W 1/2 of the SE 1/4 of Section 24. E. Lynn Thiele, for rezoning from Agricultural to R-1, Residential Single Districtand waiver from platting regulations for a residential permit on unplatted property in the LeMay Lake area, Section 10. V. 8:30 - NEW BUSINESS. A. E.L. Murphy for a temporary trailer permit for office use. B. Thomas Lake Road street improvement bids. C. Wescott Road street improvements bid. D. Thomas Lake Road and Wescott Road utility improvement bids. E. Contract execution - Fredrickson Construction Co. for utility improvements for Mallard Park 2nd and 3rd Additions. F. County Road 31 funding. G. Federal Revenue Sharing - Statement of Assurances. H. 1979 Audit Report. I. Jan Susee, Attorney for Amy's Restaurant, Informal Appearance regarding sign ordinance. VI. OTHER BUSINESS. VII. VISITORS TO BE HEARD. VIII. *For those persons who are not on the agenda EMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS (FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 15, 1,978 ?SUBJECT: AGENDA INFORMATION jAfter approval of the September 5,'1978 minutes of a regular City Council meeting, the following items are scheduled for (consideration. Department Head.Business A. Fire Department -- There are no items for consideration relating to the Fire Department at this time. B. Police Department -- Thtre are no items for consideration ;relating to the Police Department at this time. Public Works Department -- There are no items for consider - ion relating to the Public Works Department at this time. Park Department -- The Advisory Park Committee is recommending hat the park dedication fee be increased effective October 1, 978. Please refer to the attached memorandum prepared by ark Director Schmidt addressing the proposed fee schedule and ecommendation of the Park Advisory Committee. A copy of the emorandum is found on page a for your reference. Also nclosed on pages �3 through y is a copy of a ummary for park dedication fees in other communities prepared y Administrative Intern Ken Damlo. pecial-Note: Mr. Bruce Medvec is scheduled to appear epresenting Valley View Insurance to present the City with dividend check issued by the Home Insurance Company. r. Medvec will take but a few minutes of the City Council's ime to explain the check and make the presentation. 1. John O'Toole, Dakota County Assessor, will be present to liscuss tax abatements for the properties listed on page-,qg rith the City Council. MEMO TO: CITY ADMINISTRATOR HEDGES FROM: PARK DIRECTOR SCHMIDT DATE: SEPTEMBER 14, 1978 SUBJECT: ITEM FOR 9-19-78 COUNCIL MEETING RECOMMENDATION ON INCREASING PARK DEDICATION FEES The Advisory Park Committee recommends that the Park Dedication Fee be increased effective October 1, 1978. The current fee is based on a land value of $3,000 per acre. The recommendation is that the land value be increased to $6,000 which reflects current land sales which have recently been publicized for our area. Present Rate Recommended Rate Single Family $120 $240 Townhouse or Duplex $100 $200 Apartment $ 75 $150 Mobile Home _ $100 $200 This increase would make the cash dedication equivalent to the cost of land and allow for purchase of parkland where appropriate,, which was the intent of the enabling legislation. It would eliminate the inequity which presently exists between developers who contribute cash and those who contribute land. It is recommended that the new rate be applied to all final plats filed after the effective date of October 1, 1978 and the developers not be allowed to pay in advance in anticipation of the rate change since staff has made developers who are in process aware of a possible increase. It is further recommended that the park dedication rate be redetermined as of January 1 of each year based on current land sales. A complete study of park dedication policies and procedures is still in process but has been delayed but will be forthcoming. G r. SUMMO OF PARK DEDICATION RATES• LAKEVILLE.• Res.i.dential-: 5% per unit per acre (1) Cash equivalent basic Business: 5s per acre on value of $3000 ,ger- acre: industrial: 20 per acre :d;,i'Ll:iiOOD The amount of land dedicated will be (2) PARK AV.IIL:>,3.1i.,1'!'''_':: •.! ;h equal in value to the amount of the Single family 531-7 Park Availability Charge for that Duplex 317 subdivision. Mobile home Apartments - Commcrc.i.al/Industr.ial: 3.5"; of area Efficiency (or an equiva- 1 bedroom US lent in cash) 2 bedroom 3 bedroom 255 4 bedroom 310 Townhouses- 1- bedroom 5 2 bedroom 25" 3 bedroom 31i 4 bedroom 32 iRIDLEY Residential.: 100 of gross area (3) Residential: $300/1r)T Comm/Ind: 30; of gross area (2) Comm/Ind: S!10RE.VTFW Res., Comm. & Ind.: (3) Dwelling Units a v; Maximum of 10?, dedication Per Acre Lard 0-2 2.1-3 1-11 3.1-4 S? 4.1-5 r'-- 5.1 + 10. Comm/Ind. 1.0- BROOKLYN Res., Comm. & Ind.: 1,Oo of total fair market PARK Not less than 1.0"s of area value of gross area B[,OOt-tINGTON Residential: 106 of area (3) Cash equivalent b s ri Comm/Ind: 5`:, of area. on fair market value Amt. of gross are .......-MLLE Residential to be dedicated (1) Cash equivalent. 1-6 units/acre 100 using the given perc(::err;r• 7+ units/acre 7.5% based on fair marl.et l Comm/Ind 5% E1)1NA Residential., Commercial and Industrial. Gish equivalent 5s of area fair. markct-value 3 . MENDOTA HEIGHTS SUJWRY OF PARK DEDICATION RA''• Res., Comm., Ind: 10% of the area $500/lot minimum; based on 10% of fair market value (2) EDEN Amount of land dedicated equal in value Single family: $275/unit PRAIRIE to the amount of cash contribution Other Res: $225/unit that would be required. Comm./Ind: $2,000/acre i Single family $160/unit INVER GROVE Res: 10% of the area Townhouses $135/unit HEIGHTS Apartments $100/unit There is no dedication requirement Mobile Homes $125/unit for comm./ind. property EAGAN , iRes: 10% of the area There is no dedication requirement for comm./ind. property Single family $120/unit Duplex & Townhouse $100/un: Apartment $75/unit Mobile Home $100/unit (1) Time of payment established in development contract (2) Time of payment when building permit is issued (3) Time of payment when final plat is approved 11 • :ate of Minnesota Highway Dept. #10-01900-010-21 & 020-27 Eagan, City igene F. Slater, Estate #10-01900-011-50 Eagan, City .ta Winkler and Arthur Gillen, Executors 0 September 19, 1978 After a review of this property was made by the Assessor it was found to be erroneously assessed. The property should be tax exempt as it is owned by the State Highway Department and has been sine August 1, 1977. Reduce the assessed value from 4214 on parcel 4010-27 to nil and reduce from 30272 on parcel #020-27 to nil for taxes payable in 1978. This property was reviewed and found to be incorrectly assessed. The state of Minnesota Highway Department acquired 22.42 acres of this parcel and all structures on August 9, 1977. Reduce the value from 101646 to 51519 for taxes payable in 1978. Agenda Informatioleemo • Page 2 September 15., 1978 Old Business JOHN AND MARY REMICH -- VARIANCE FROM PUBLIC STREET PROVISION A. John and Mary Remich, variance from the public street provision for a'single family dwelling, located in the NE 1/4 of the SE 1/4 of Section 4 -- If you recall, at the last regular meeting of the City Council the petition that was submitted for a 60 foot variance from Ordinance 52.06, Subdivision 4A by Mr. and Mrs. John Remich was continued due Po their absence from the City Council meeting. Mr. and Mrs. Remich would like to construct a home without the 60 foot frontage on a public street. It appeared at the Planning Commission meeting that there was objection from an adjoining neighbor and after deliberation by the Planning Commission, it was their recommendation to the City Council ,at Mr. Remich's request for a variance from the public street provision be denied. For additional information on this matter please refer to the Zoning Administrator's report, a copy is enclosed for your reference on pages I through C) For additional information on the action that was taken by the Planning Commission, please refer to the Planning Commission minutes that were distributed as..a part of the .September 5, 1978 agenda packet. SPEED LIMIT STUDY 3. Speed limit study for County Road 26 between Trunk Highway 13 and County Road 31 and County Road 30 between ;edar Avenue and Rahn Road -- Official action was taken at i regular meeting of the City Council held on Tuesday, 'ebruary 21, 1978 directing a resolution to the Dakota County 3oard of Commissioners requesting a traffic speed survey on ;ounty Road 26 (Lone Oak Road) between Trunk Highway 13 and ;ounty Highway 31 (Pilot ,Knob Road) and County Road 30 )etween Cedar Avenue and Rahn Road. Enclosed and found on )age /0 is a copy of the letter that was submitted to 4r. Robert.Sandeen, Dakota County Highway Engineer. The )akota County Board of Commissioners, at their first meeting Ln the month of March, 1978, did pass a similar resolution ind submitted the same to the Minnesota Department of Transportation -equesting that speed study surveys be made on both of those )articular county road segments. I have contacted Mr. Glen lonWarmers a number of times.in the last three to four months ind have received little satisfaction regarding their cooperation Ln concluding their report presenting the same to the City ;ouncil. Therefore, on August 30, 1978 I sent a letter (enclosed is a copy found on page // ) to Mr. Merritt Kinzie requesting that this matter be addressed at a September City Council meeting. Mr. Linzie replied and stated that they would have the report completed and someone .)resent at the September 19, 1978 meeting for presentation. %t this time I do not know what the recommendation of the 4innesota Department of Transportation will be regarding the speed limit study. CITY OF EAGAN 6UBJECI: Variance PETITIONER. Mr. and Mrs. Remick LOCATION: The W 330' of N 3 A. of S 10 A. of NE -y- of.the SEq of Section4 EXISTING ZONING: R-1 (Residential Single District) OF PUBLIC HEARING: August 22, 1978 TE OR REPORT: August 16, 1978 BY: Dale C. Runkle petition has been submitted for a 60 foot variance from Ordinance 52.06, ubdivision 4-A which states, "the lot shall have a minimum of 60 feet of rontage on a public street or the lot shall have been approved in platting condominium project or an attached dwelling project wherein a contiguous of owned in common, provides said frontage." petitioner owns approximately 3.75 acres. The Remick's home is on the northern 2.5 acre parcel. The Remicks wish to obtain a on the southern 1.25 acres so they could obtain a building permit her home. ently, the house located on the north has access to Highview Avenue vate easement. The proposed home to the south would also take access s easement. 3. There would be no public easement to bring sewer and water to the parcel. 4. There have been requests to split lots in Zehnder Acres and have access through private drives. In the past these requests have been denied. The City suggests that an overall plan be made of the area showing.the future location of public streets. If the variance is granted it may set a I recedent in the development of the entire area. V � h I 74/-0 /77 I M v I s 4 J I i I I i �'osrrl: ['s. war -EI <t�V-cj aqQ ;f.;;�e.� r. ci,Cur/�'k: Ccjc'r c. .<� I it is / N CrC.tf �, ,, ✓ I it !rr L'Y � V � h I 74/-0 /77 I M v I s 4 J I i I I i �'osrrl: ['s. war -EI <t�V-cj aqQ ;f.;;�e.� r. ci,Cur/�'k: Ccjc'r c. .<� ;-'c-=�•,".?. L' II I I L �, ,, ✓ I it !rr L'Y � 1 wooer;'' A• Jahr 4 F nna'q Rall, 1 O n; i, L I I I I oc , O I 71 11 f I V � h I 74/-0 /77 I M v I s 4 J I i I I i .':-a• nvu. :; �j ]I3�.tilQiJ xt i t 77- \'�,� ;)l�tt,�� :,:� . t. � - 11 .�. •�r+ +1l1� , ... �,.^.`��\'.�`Y�Y.:'Ir-cL-.�•�r�.�1 ���t "�•� p! r`� l�''r'�) r I ` LL �S—_F7 .—t�'1' -1� l�i � ��4.I. t\;717 � i L /i 1/�— �.1._,__ __.. _!� . , •Yn.r I �- .� G - Doe - W 9 Mr. Robert Sandeen Dakota County Highway Engineer Dakota County Government Center Hastings, MN 55033 Dear Mr. Sand^en: In official action that was taken by the Eagan City Council. in a regular meeting held on Tuesday, February'21, 1978, a resolution was passed requesting traffic speed surveys on County Road 26 (Lone Oak Road) between Trunk Highway 13 and County Road 31 (Pilot Knob Road) and County Road 30 between Cedar Avenue and Rahn Road. The City Council is concerned about the 40 m.p.h. speed limit that is posted in both of those areas, and due to the schools, residential area, and other similar concerns, the City is requesting that the Minnesota Department or Transportation consider lowering the speed limit in those areas. on behalf of the City Council, I would like to ask that this be expedited as soon as possible so that a report can be presented to the City"Council and that area residents that are extremely concerned about the speed limit posting of 40 m.p.h. can be contacted and appear at a public meeting. Mr. Glen VonW®rmer, District Traffic Engineer, has been contacted by my office and it was requested by the City Council that he be present at the next regular meeting of the City Council to be held on Tuesday, March 7, 1978 to specifically address the speed zone matter on both road locations. If you have any questions, please feel free to contact me at any time. Sincerely, Thomas.L.'Hedges City Administrator �0 THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY' cc: James Kennedy, Dakota County Commissioner r ly.l • .V �i l: ROL..L, THOMAI EGAN MARK PARRANTO „u JA.I:S A. SMITH -a CITY OF N THEODORE WACHTER ' COUNCIL MfMRCRS - 3]9R PILOT KNOR ROAD EAGAN. MINNESOTA 95122 PHONE 954-8100 February 24, 1978 Mr. Robert Sandeen Dakota County Highway Engineer Dakota County Government Center Hastings, MN 55033 Dear Mr. Sand^en: In official action that was taken by the Eagan City Council. in a regular meeting held on Tuesday, February'21, 1978, a resolution was passed requesting traffic speed surveys on County Road 26 (Lone Oak Road) between Trunk Highway 13 and County Road 31 (Pilot Knob Road) and County Road 30 between Cedar Avenue and Rahn Road. The City Council is concerned about the 40 m.p.h. speed limit that is posted in both of those areas, and due to the schools, residential area, and other similar concerns, the City is requesting that the Minnesota Department or Transportation consider lowering the speed limit in those areas. on behalf of the City Council, I would like to ask that this be expedited as soon as possible so that a report can be presented to the City"Council and that area residents that are extremely concerned about the speed limit posting of 40 m.p.h. can be contacted and appear at a public meeting. Mr. Glen VonW®rmer, District Traffic Engineer, has been contacted by my office and it was requested by the City Council that he be present at the next regular meeting of the City Council to be held on Tuesday, March 7, 1978 to specifically address the speed zone matter on both road locations. If you have any questions, please feel free to contact me at any time. Sincerely, Thomas.L.'Hedges City Administrator �0 THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY' cc: James Kennedy, Dakota County Commissioner Leo MUNPNY ..,on • THOMASIEGAN MARK PARRANTO JAMES A.ISMITH THEODORE WACHTER COUX CIL .... ERS i CITY OF EAGAN 370B PILOT KNOB ROAD EAGAN. MINNESOTA 55122 PHONE 454 -BIM August 30, 1978 a -F aul',� Mr. Merritt Linzie Department of Transportation District 9 3485 Hadley Avenue North North St. Paul, MN Dear Mr. Linzic: THOMAD HIEDGen ciry .n Hi.+IP v...nl. ALYCE DOLKE CITV CLERK Several months ago, the City of Eagan passed a resolution to Dakota County and the Minnesota Department of Transportation requesting a speed study and traffic study for Lone Oak Road (County Road 26) between Trunk Highway 13 and County Road 31 (Pilot Knob Road) and County Road 30 between Cedar Avenue and Rahn Road in the City of Eagan. Mr. Glen 'VanWormer assured results of the study in the early summer- so proper - measures could be taken to reduce the speed before'schools open this fall. Several weeks ago I had asked you to follow up with Mr. VanWormer asking that the studies be presented during the month of August'so the icity Council could invite people to a mecting'to consider the !results of the st..idy. To date, I have received no word from Mr. VanWormer or the District 9 office pertaining to these two traffic studies and !both schools have openedasof this week. .The_ City of Eagan is concerned about the safety of pedestrian movement Ito theJalementary schools. The City Council is very concerned about the 45 -mph speed limits that are in effect on both sections of county roads within our municipality. II would appreciate your attention to this matter and please direct the Transportation Engineer to expedite the traffic and speed studies for those Itwo roads so that the City Council can consider your findings no later than ja September City Council meeting. Thank you for your cooperation. Sincerely, Thomas L. fledges City Administrator skk THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Agenda Informatio*emo . Page 3 September 15, 1978 PEOPLES NATURAL GAS COMPANY -- NATURAL GAS EXPLOSION I C. Peoples Natural Gas Company, Explanation of Natural Gas Explosion at Carnelian and Cedar -- At the suggestion of City Council Member Wachter, I have contacted Mr. Vern Mahlis who is the area manager for Peoples Natural Gas Company in Farmington and requested that a. representative of either Peoples Natural Gas or Northern Natural be present to explain to the City Council and public the cause of the natural gas explosion that transpired at Carnelian and Cedar. Mr. Mahlis has indicated that a representative will be present At the meeting and provide the City Council with an explanation of the natural gas explosion. There is no further information egarding this matter available at this time. WILSON ROBINSON -- PRELIMINARY PLAT OF OAKWOOD GATES B. Wilson Robinson, North River Industries Inc. for preliminary plat approval of Oakwood Gates, part of the W 1/2 of the SE 1/4 of Section 4 -- At the last regular meeting of the City Council, the developer Mr. Wilson Robinson, was asked to obtain a signature from the fee holder of the property before the pre- liminary plat was further considered by City Council. Mr. Robinson and Mr. Howard Stacker (fee holder of the property) lad assured the City Council that the necessary signatures would be obtained so that the matter could be heard at the meeting on Tuesday. Again, for additional information.on this matter please refer to the Zoning Administrator's report, a copy is enclosed on pages 13 through](. For action that was taken by the Planning Commission regarding consider- ation for the preliminary plat of Oakwood Gates, please refer to the Planning Commission minutes that were enclosed as a part of the September 5, 1978 City Council packet. LYNN THIELE -- REZONING FOR LOT ABUTTING LEMAY LAKE AREA E. Lynn Thiele, for rezoning from Agricultural to R-1, Residential Single District, and waiver from platting regU- lations for a residential permit on unplatted area in the LeMay Lake area, Section 10 -- At the last regular meeting of the City Council, the rezoning and waiver from platting regulations as requested by Lynn Thiele to allow for a residential permit to construct a house on unplatted property in the LeMay Lake area was continued at the request of Mr. Thiele's attorney. For additional information on the matter. I have provided a copy of the Zoning Administrator's report, found on pages 1'7 through_Igfor, your reference. For action that was taken by the Planning Commission, please refer to the Planning Commission minutes, a copy was enclosed with the September 5, 1978 packet. is SUBJECT liminary Plat & Undersized Lot Variances PETITIONER: Wilson Robinson - Worth River Road Properties, Inc. LOCATION: County Road #30 - 1/4 E of Dodd Rd. DATE OF NEARING: August 22, 1978 EXISTING ZONING: Agricultural. IIDATE pREP OF PLA NING REPORT: August 17, 1978 Voss PETITION — I Two.(2) petitions have been submitted: -- a preliminary plat in order to subdivide an approximate 65.acre area into 12 residential lots - Oakwood.Gates Addition. -- a variance for six (6) undersized lots which would range in size from 4.53 acres to, 4.75 where a minimum of 5 acres is required in an Agricultural area. I PLANNING CONSIDERATIONS 1. The preliminary plat appears to be well designed. It relates well to the irregular terrain and provides for future street continuity to adjacent properties. The plat also provides for the further subdivision of this property in the future when public utilities are extended into the area. The cul-de-sacs that would be needed at that ti'me -for the further subdivision of this property a e to be dedi- cated as a part of this.plat, but not developed at this time. The dedication of these future cul-de-sacs is what created the undersized lots. Therefore, all lots would,effectiv.ely be a minimum of 5 acres or larger but the area of the future cul- de-sacs could not be included in the ,computing of the lot sizes because the cul-de- sacs have been required to be dedicated at this time even though they are not being improved. 2. Preliminary street grades,proposed ponding areas and the proposed drainage plan have ieen.submitted and are being reviewed by the city engineer. 3. If this preliminary plat is approved, it should be subject to the following condi- tions: A. This plat would have to be approved by the Dakota County Plat Committee prior to final approval by the City. It is possible that additional right-of-way will be required along County Road #30 because the pavement appears to be offset to the north along the existing right-of-way. B. Drainage -easements shall be provided as required by the City Engineer along lot lines and along ponding areas. C. This preliminary plat - Oakwood Gates - shall be reviewed the Park Committee in order to determine the manner in which park dedication requirements shall be satisfied, and recommended to the City Council. D. A temporary variance shall be granted for the undersized lots as shown on the Prel.iminary plat because the minimum area requirements are met in that the cul- de-sacs which are to be dedicated for future development are not being improved. at this time. 113 Wilson Robinson - North Riveroad Properties, August 17,1 1978 - Page 2 1' I Inc. 1 , E. No direct access from individual lots shall belpermittedito Ither Dodd Road dr County Road #30 which abutt this plat, F. The placement of single family homes on individual lots shall respect the future platting plan presented with this petitioln. jI y G. Street Hl and the temporary cul-de-sac along Street H5t'sfialh be required to be surfaced at this time in accordance with the minimum standards set forth by the City Engineer. i i H. The developer shall be required to inform all purchasers that it is the intent of the City to extend public utilities into this area in the future and that it is intended that this area will be developed in accordance with the overlay plat_as submitted at this time: J sat 15 Na3 tl H • • PRELIMINARY PLAT OAKWOOD GATES EAGAN, MINNESOTA I eeaAc... I. I ]oAt_ 1 04.n :� f Pun •...u. s. 1' I t \ so fl4"r BL CK 3 I i / I ]o so Atop e.. I I i' rl i I I' I' �.r �m e .� 4 OWNER& \ 2 y DEVELOPER -`\ \—++... s...a •."_ . SON C. ROMBON \cy\ 131 At.. \ sr Aua. irrn ..•\\\.\\ ENGINEER& \\ \\\ LAND SURVEYOR \ \ RWTRMCMPE Rl.S.R G. No.9Bsi LEGAL DESCRITION — c I I I I i CITY OF EAGAN ABJECT: Rezoning and waiver from the platting requirements PETITIUNER: Lynn Thiele LUCAT1011: The 1J'G of Section 10 south.of LeMay Lake EYIoTING ZONING: Agricultural DATE OF PUBLIC HEARING: August 22, 1978 DATE OF REPURT: August 16, 1978 RLPG13TED BY: Dale C. Runkle I 1. A petition has been submitted to rezone approximately 1 acre from Ay icultural to R-1 (Residential Single District.) The second petition is requesting to waive.the platting.requirements. 1.1 The proposed parcel is located on the north side of Tower View Road. and west of LeMay's Lake A 30 foot half rights-of-way has already been dedicated on the south ion of the property and on the west portion of the property. 3.L' Sewer and water are available for the site so rezoning to R-1 would not create any problems. 4. The land to the south is presently zoned R-1 and the pr000sed zoning would be a continuation of the existing zoning. The Land Use Map indicates an R-11 land use, (Residential 3-6 units per acre.) lfl approved, the development should be subject to the following conditions: A. A park dedication of $120.00 should be paid prior to the recording of the waiver of the platting. B. The proposed lot should be included in the plat to the north when the remainder of the Martin Shields property is platted. I i • I � C N v � J 010 U!� IV y 0 r JI I O 1 \ I 1. 01 t Oro -.9 I �18a 7,agtLat I Q O 1\t,, oto-s9 I•L Y IT nQ Sh://O C, • 8 �rCnl 'r W ft. \ / 1 '`lar c..o.: cI of qhs/(131-31 / Ar. Rela9 `A rl�f Ult L yp I n .] ✓OJC,O '/ 1y ®?q [� E/O/O KLNT JUDITH <, y cL Maw/ M Ochr/c'ii) vnn merary Y UIP 1"5.. ';0l 7/. L�'- 1 f Ac G p to Ac. =Q qc 3'j . 3 n ✓ v l {c � ., v I: S �_ a � 1 O,�//d/fi '? Ir - 3 r i A� ry f- • N✓ ` No 1 r.. .f `� a Nf I ° Ir 41 .1�7 � 11 8 _ A 4 a t,. � \ i • 77b' I :nr',/ � � 9 �. '�,' B f ✓c e� PRRK '\ \ L �,�, o. , ✓. '? S o - 3 2 r. i i Y°i `�'�� ` y.� I ti 1^� r �r : � � � / I �U r a a:0✓/:. r/G 1 •if �l m 1 ` �jj pe 'qp ~r y" t / '`� ly f.rN ff ?y •. s. IO a Y I a N Y f 11-t/ - I,�rll.l .:��� �1f`vi l.Y i1 � I I / �♦ hNL � : I `:7:_�.. �_ � ��/ !r� .. ��� .r`�1y%(. tT�. iJ'`',i f.��+.-.••`p'�h T� t�_.. q l G.:•:: ".�wo I E ..1;WE U ' �%—n �i�l,lll .h II', • I _: t I{ r �.'. ;' Agenda Information Memo Plage 4 September 15, 1978 ' New Business TEMPORARY TRAILER PERMIT -- E.L. MURPHY A. E.L. Murphy for a temporary trailer permit for office use -- E.L. Murphy trucking company is requesting a temporary trailer permit for one year to accomodate offices while a building office addition is constructed. The building office addition is estimated at $200,000 and E.L. Murphy Trucking Company is I ocated at 3303 Terminal Drive. The permit is in order for consideration. THOMAS LAKE ROAD STREET IMPROVEMENT BID B. Thomas Lake Road Street Improvement Bids -- The bids fo.r the improvement of Thomas Lake Road were taken at 3:00 p.m. August 31, 1978. The apparent low bidder is McNamara Vivant Contracting in the amount of $313,120. This is well under the engineer's estimate that was $350,000. For a copy of the bids please refer to page A/ . As you recall, the bids were continued by action of the City Council and an agreement pre- pared by City Attorney Hauge. This relates to the request by the Barkers to pursue the possibility of an EIS statement through the EQB for construction of Thomas Lake Road and also the possibility of seeking a restraining order and injunction to prohibit the opening of the bids. An agreement was prepared, by the law firm representing the Barkers, reviewed by City Attorney Hauge, and executed on behalf of the City Council. A copy of that agreement is enclosed on pages nd through a3 for your reference. The City staff has met on several occasions to negotiate with the Barkers and the Barker's attorney, Mr. Grant Merritt in an effort to provide some sort of compromise that would satisfy the Barkers and allow the City to construct the road. City Attorney Hauge has prepared a memorandum _ I the result of the negotiations to date, which a copy is found on pages_through a5 for your reference. WESCOTT ROAD STREET IMPROVEMENT BIDS scott Road Street Improvement Bids -- The apparent low for the improvement of Wescott Road is McNamara Vivant cting in the amount -of $257,250.25. The Engineer's to was.$275,000. For a copy of the bids, please refer e 4(. - LAKE ROAD AND WESCOTT ROAD UTILITY IMPROVEMENT BIDS D. Thomas Lake Road and Wescott Road Utility Improvement Bids -- The apparent- low bidder for the Thomas Lake Road the Wescott Roau sewer, water and storm sewer improvement Parrott Construction Company in the amount of $513,386.30 Engineer's estimate was $463,000. For a copy of the bids please refer to page -for your reference. i i M and is The THOMAS LAKE ROAD STREET IMPROVEMENTS PROJECT 237 FOR EAGAN, MINNESOTA CONTRACTORS 1. Arcon Construction Co. 2. Richard Knutson, Inc. 1 3. Fredrickson Excavating 4. McNamara Vivant Contracting 5. Minnesota Valley Surfacing Co. 6. Fischer Construction Co. 7. Enebak Construction Co. 8. Wangerin, Inc. . 9. Road Constructors, Inc. 10. B -Tu -Mix Company I 11. D.L.R. Construction Co. 12. Progressive Contractors 13. 14. 15. 16. 6 Engstrom, Inc. os., Inc. Leguil natruction Co: 0 BID TIME: 3:00 P.M., C.D.S.T. BID DATE: Thursday, Aug. 31, 1978 TOTAL BASE BID Engineer's Estimate---- $350,000 • LAW OFFICES i THOMPSON. NIELSEN. KLAVERKAMP & JAMES A PROFESSIONAL ASSOCIATION BRUCE F.THOMRSON D.JAME5 NIELSEN BRUCE W. BLACKBURN . PAUL H. NLAVERKAMP BRUCE B.JAMES GRANT J. MERRITT RICHARD J. KEENAN R- D. ESTES ROGER A. JOHNSON JOHN D. PARSINEN DONALD P. NORWICH RICHARD MASSOPUST. JR. JOSEPH ALEXANDER RICHARD S. GOODMAN JAMES M. CHRISTENSON ROBERT A. LEVY PATRICK J. McLAUGHLIN HOWARD S. MYER5. TR Paul H. Hauge, Esq. Hauge & Hoey, P.A. 3903 Sibley Memorial Eagan, MN 55122 Dear Mr. Hauge: 4444 IDS CENTER BO SOUTH EIGHTH STREET MINNEAPOLIS. MINNESOTA SS402 highway August 31, 1978 TELEPHONE (612) 3394546 Re: Bid Opening for Thomas Lake Road This letter confirms our telephone discussion of August 30, 1978 on behalf of our respective clients; ours, Mr. and Mrs. James Barker, and yours, the City of Eagan. That discussion was an outgrowth of our clients' opposition to opening of bids at 3:00 P.M. on August 31, 1978 on the contract for the construction of. the road based upon this procedure's alleged noncompliance with Minnesota Statute'5116D.04, Subd. 1 (1976), and 6 MCAR §3.031E. We have agreed to refrain from seeking a restraining order and injunction prohibiting the opening of the aforementioned bids in con- sideration for the following: 1. That although the bids may be opened at the above- mentioned time, in no event will a contract or contracts be awarded based upon or related to such bids before September 19, 1978 or such time as the parties may settle their differences regarding the proposed road, 2. ,That this agreement is entered into for the purpose of permitting the parties to conduct negotiations and in no way limits the rights of either party to resume legal action and to assert therein all claims or defenses available to them absent this agreement in the.event that the differences which presently exist between them cannot be mutually resolved. 3. That this agreement in no way implies that Mr. and Mrs. Barker concede the legality of the bid opening hereby permitted. ,� a 0 THOMPSON, NIELSEN, KLAVERKAMP S JAMES Paul H. Hauge, Esq. August 31, 1978 Page 2 Lastly, it is my understanding that the parties will make good faith and reasonable efforts to conduct negotiations concerning their differences during the week of September 4, 1978. In the event that the above accurately reflects our agreement, please so indicate by endorsing this letter in the appropriate place below. Very ruly you H ward S. (SaMyers, III HSMi: sw i We accept the above as an accurate reflection of the agreement of 'the parties and agree to abide by its terms. Pain H. Hauge CITY OF EAGAN BY Its L a3 1 • • PAUL H. HAUGE & ASSOCIATES, P.A. t ATTORNEYS AT LAW 1 3908 SIBLEY MEMORIAL HIGHWAY' - EAGAN IST. PAUL), MINNESOTA 55122 PAUL H. HAUGE BRADLEY SMITH September 15, 1978 Eagan City Council City of Eagan 3795 Pilot Knob Road Eagan, MN 55122 RE: Thomas Lake Road Gentlemen: AREA CODE 612 TELEPHONE 454-4224 Bob Rosene and I have been negotiating with a number of owners along the new Thomas Lake Road for acquisition of easements and the following is intended as an up -dated. 1. James Barker. We have had several meetings with Mr. and Airs. Barker and their attorney and you are aware that the Barkers have attempted to tie in the improvements on Thomas Lake Road with the Environmental Impact Statement commenced by Dunn & Curry f-or.L'he B.lackhawk Park Planned Unit Development in November of 1977. The claim is that the new road is a part of the development within the Planned Unit Development and therefore, no work can be commenced until the EIS has been approved. It is not expected that the EIS will be approved for a number of months. A threat has been made to begin a restraining action to enjoin the City from awarding the contract to the low bidder for!the road improvements until. the EIS is approved. Such an action will be brought in the Dakota County District Court but would end up I with the Environmental Quality Board and at a meeting of the EQB, the chairman. indicated that under the environmental laws that the Barkers might have the basis for being successful in their restraining order action. i I In the negotiations with the Barkers, it appears that they would be satisfied if the road right of way would be moved West 30 feet from where there is an existing easement on the West line of their property so that the entire 80 foot road right of way would be on the Fortune Rcalty property which is zoned for commercial use under, the Blackhawk Park PUD. Byron Watschke of . Fortune Realty indicates that the density on the commercial property would, of course, be substantially affected by giving up an additional 30 feet of land for the right of way. However, the last indication from Mr. Watschke was that he was considering granting the additional. 30 feet right of way thereby taking the road right of way off: of the Smith, Barker and Sher.er property if engineeringwise. it is feasible. The small parcels would require slope easements only. It would appear that the road assessments against each of: the three parcels could be based on a residential equivalent basis perhaps at a mini.mum number of frontfeet, eg. 120 feet per parcel. Each owner has approximately 400 - 450 feet along Thomas Lake Road and the stipulation could be made that in the event that the land is developed that the normal rate for the type of development would be assessed against that property at that time. d y Page 2 September 1.5,- 1978 Fagan City CoatiCil The acquisiA.'_on of the other easements from the Hagan 40 Property on the North side of Rlnckhawk, Dunn h Curry, Independent School District #196 and Fortune Realty are progressing snti_sfactor.y. PHI]: cag I Very truly yours, Paul. 11. Ilmige `N 0 WESCOTT ROAD MSAP 195-106-02 STREET IMPROVEMENTS FOR EAGAN, MINNESOTA I 1. Minnesota Valley Surfacing 2. McNamara Vivant Contracting 3. Fredrickson Excavating 4. D.LIR. Construction Co. 5. Ricliard Knutson 6. Arcon Construction 7. Enebak Construction Co. 8. B -Tu -Mix Company 9. Wangerin, Inc. 10. Progressive ContractorsInc. 11. Husting 6 Engstrom 12. Holm Bros., Inc. I 13. Brown & Leguil 14. Ames Construction Co. 15. Alexander Construction Co. 16. Fischer Construction Co. Engineer's Estimate OM 0 BID TIME: 3:00 P.M., C.D,S.T. BID DATE: Friday, Sept. 1, 1978 TOTAL BASE BID 75.000.00 1 • THOMAS LAKE ROAD & WESCOTT ROAD SEWER, WATER & STORM SEWER PROJECT 239A FOR ' EAGAN, MINNESOTA 1. Centennial Contractors Corp. 2. Barberossa & Sons, Inc. 3. Orfei & Sons, Inc. 4. Lametti &.Sons, Inc. 5. Nortfi Central Underground, Inc. 6. Encoo Utilities, Inc. 7. Parrott Construction Co. 8. Fredrickson Excavating Co. 9. Riche rd Knutson, Icic. 10. Fischer Construction Co. BID TIME: 3:00 P.M., C.D.S.T. BID DATE: Thursday, Aug. 31, 1978 TOTAL BASE BID Engineer's Estimate ----$463,000 � 4S S 2/. r. // 7 Agenda Information Wo Page 5 September 15, 1974 CONTRACT EXECUTION FOR MALLARD PARK 2ND AND 3RD ADDITION UTILITY IMPROVEMENTS E. Contract Execution with Fredrickson Construction Company for utility improvements in Mallard Park 2nd and 3rd Addition -- The contract between the City of Eagan and Fredrickson Excavating Company, Inc. for constructing sewer, water, and storm sewer in Mallard Park 2nd and 3rd Additions are in order for execution by the City Engineer and City Clerk. The total base bid for these utility projects is $248,034.10. Utility improvements are referred to as Improvement Project 216. COUNTY ROAD 31 FUNDING F. County Road 31 Funding -- City Council Member Wachter and Mayor Murphy are requesting that there be a discussion to consider requesting Dakota County to consider funding for County Road 31 improvements in the 1979 County Road Budget. FEDERAL REVENUE SHARING -- STATEMENT OF ASSURANCES G. Federal Revenue Sharing, Statement of Assurances -- The City Administrator will present the Statement of Assurances for .federal revenue sharing which require signature by the Mayor. The Statement of Assurances is an indication to the federal government that the City of Eagan will assure compliance with certain regulations set forth under the criteria governing the use of federal revenue sharing funds. The actual proposed use hearing for federal revenue sharing will be scheduled at the October 3, 1978 meeting. 1979 AUDIT REPORT H.I 1979 Audit Report -- The City Administrator will briefly explain and answer any questions pertaining to the 1979 Audit Report. It is recommended that said report be approved by the City Council. The City Administrator has.discussed some resolutions with the Auditor, Mr. Roger Katzenmaier which may beIready for presentation at the meeting on Tuesday. SIGN ORDINANCE CONSIDERATION FOR AMY'S RESTAURANT I. Jan Susee, Attorney for Amy's Restaurant, informal appearance regarding sign oruinance -- Mr. Jan Susee, Attorney representing Amy's Restaurant, is requesting a clarification on the location oflbusiness signs for Amy's Restaurant. The ordinance regulating signs, more specifically Section 16.05 -- Subdivision 1, reads, "No more than one business sign for each major street frontage should be permitted for each business located within such building." Mr. Susee is asking the City to rule whether a business front on two major streets if that business can select any of the two sides of the property they wish to locate the signs.' Also,.whether a second sign permit can be issued on a proposed major -street although the street is not in the construction stage. The Building Inspector and City Attorney both feel that the matter should be discussed with the City Council and an interpretation or clarification.should be made re aiding t se uestions. � i i y minira or C_0 • MEMO TO: IiONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 15, 1978 SUBJECT: INFORMATIVE MEMO I spoke with Mr. Hyde regarding the briefs prepared for the I -35E crossing over Blackhawk Lake that was submitted to the State Hearing Examiner. Mr. Hyde indicated that all the reply briefs were submitted on September 8, 1978 and the Hearing Examiner is expected to make some type of ruling in the month of October. He indicated that he would be happy to appear before the City Council once a decision is made by the hearing examiner to discuss the matter in further detail. I will keep the City Council posted of any development by the State Hearing Examiner. Mr. Palmer has agreed to allow the Eagan Volunteer Fire Department to burn the buildings down on Cedar Avenue. I have arranged with the Fire Chief, Mr. Bob Childers, to set a date which will more than likely occur on a Saturday morning, to proceed with burning the buildings. City Attorney Hauge was notified to'discontinue condemnation proceedings with Mr. Palmer and the matter appears to be resolved. I have a letter as a matter of record from Mr. Palmer requesting that the building be burned by the Volunteer Fire Department. Aimile two program has been set for September 21, 1978 at the Thunderbird Hotel in Bloomington to discuss intergovernmental problem solving. The mile two program is being sponsored by the Minnesota State Planning Agency and the Metropolitan Council. The program sounds extremely interesting and if any member of the City Council would like to be in attendance that day, the cost to the City is only $5, so please indicate to me and I will provide.additional information at the meeting on Tuesday. I - The League of Minnesota Cities has several.League regional meetings around the State of Minnesota each fall. This year year, the metropolitan area regional meeting is sponsored by the City of Brooklyn Center and it will be held at the Holiday Inn in that 'City. The meeting is a dutch treat dinner that begins at 6:30 p.m. and is then followed bya question and answer Ran Informative Memo Page Two September 15, 1978 session with participation by legislators, candidates, representatives of several state agencies, and the League staff. It is an opportunity to discuss a number of issues that may be coming up before the legislature that affect municipalities. If members - of the City Council wouldilike to attend the meeting, please contact me and I will make the necessary arrangements. I will again notify the City Council of this meeting in early October. Since the City of Eagan is involved with Industrial Revenue Bonds, I felt an article that appeared in a recent ICMA Newsletter entitled "Innovative. Financing Plan" should be shared. Please find a copy of this article ori page J^1 for your reference: On pages 3a through 33 is a copy of a notice that was served to the City of Eagan by the attorneys for Thomas J..' and Frances Winkle. The Winkle's.live to the east of the Finnegans on McCarthy Road and are the property owners who di.d experience a rather serious drainage and erosion problem on the west side of their property. The Winkles have decided Co proceed with correcting their problem and improving their property and feel that the City of Eagan and/or the Oslund Construction Company are partly liable for the improvements. City Attorney Hauge is responding to Mr. Marooney's letter on behalf of the Winkles and will comment in further detail at the meeting on Tuesday. Enclosed on page 3q is a copy of a memorandum from Police Chief DesLauriers providing information about Officer Kasat and and his dog, Joe's,. trap to Washington D.C. for the national K-9 trials. Algo enclosed on page -35 is a memorandum from Police Chief DesLauriers addressing the squad car accident that occurred on Cliff Road and Ches Mar Drive. I have discussed this matter with the City Council approximately 2 weeks ago, indicating that the City would receive approximately $2,000 in an insurance claim for the accident that occurred. Police Chief DesLauriers would like some directio n how to sell the vehicle. Police Chief DesLauriers has prepared a memorandum of commendation for Dispatcher Marlene Adam and Officers Conyer, Brule and Meszaros. I would like to share those with you, and have enclosed a copy of each of those commendations for your reference found on pages 3b through 27 - y_ ,. !� : rO 71♦ V1 PRESIDENT SIGNS URBAN POLICY ORDERS Four executive orders designed to focus more federal attention on urban needs were signed by President Carter in August. They are the following: I o Central business districts will be given "first consideration" when locating federal building and leasing office space. o Federal agencies will do more purchasing in areas of high unemployment. o 'I'Urban and community impact analyses" will be made by the administration to identify any possible adverse effects federal policy proposals may have on cities, counties, and other communities. • An "inter -agency coordinating council" was formally created to eliminate conflicts between federal agencies in operating urban programs. ICMA Executive Director Mark Keane attended the ceremony at the White House and commented, "We welcome the administration's action and believe that,in addressing.urban problems on various fronts, it will decidedly have a positive impact on the future of urban management." PLANNING A CAREER IN LOCAL GOVERNMENT? Management Careers in Local Government --A Career Planning Handbook is available free to ICMA_members. We have a limited supply left over from our mailing to all Associate Assistant members ilast"April, so it's first come first serve and one copy per member. The handbook was prepared Iby the Municipal Management Assistants of Southern California. It shares the experi- ences and insights of some young professionals who havelfaced critical career decisions in local government. For your copy, contact Stanley Wolfson, ICMA staff and include a self- addressed mailing elf- addressedmailing label, (The handbook is available to non-members for 50 cents.) International 1 City Management Associationl 3i September 11, 1978 INNOVATIVE FINANCING PLAN Pueblo, Colorado (Fred Weisbrod, CM) has be- come the first city with a council-manager form of government to adopt an innovative financing plan that cuts homeowners' mortgage costs and expands the city's tax base. The other two cities which have adopted"similar-- plans are, as of this writing, Chicago and Denver. Both the Wall Street" Journal, in an August 21 story by Byron Klapper_and the August 28 edition of Time have provided coverage on this subject. On August 28, the Pueblo city council voted to issue $20 million in industrial revenue bonds for single-family home mortgages aimed at families with up to $20,000 in annual income. "The net effect will amount to 2-2_; in savings from the 10; conventional financing of mortgages in private money markets,'' Weisbrod told the ic;dA Newsletter. A monthly payment of $450, for example, would then be reduced to approximately $355, enabling more families to attain the goal of home ownership." And.as the Wall .Street. Journal points out, "The bonds aren't general or moral obligations of cities, which lend their names for tax- exempt purposes, and channel the funds into areas needing economic development.... Mortg npu holders get the benefit of low-interest tax- exempt bond money while cities avoid the bureaucracy of setting up yet another housing Finance agency." For an information kit on the plan, Girite Barbara Eller, PIO, P.O. Box 1427,- Pueblo, Colo., 81002. IN THIS ISSUE NUTS AND DOLTS SPECIAL FEATURE--NTDS SEMINAR FROM AUSTRALIA, WITH LOVE GNINNALP NI NOWHERE 0 MALIN, HAZEL, GREEN. HAYES, SI MON AND ARETZ JOSEPH A.MAUN ATTORNEYS AT LAW CHARLES BANS M ERLYN C.GREEN BARRY A. GERSICN LAWRENCE J. HAYES GEOFFREY P. JA9PE JEROME G.GIMON 332 HAMM BUILDING RICHARD M. GAALSWYA RICHARD E.ARETZ SAINT. PAUL. MINNESOTA SS102 LAWRENCEJ. McUH JOHN A. MURRAY JOHN T. H A RT1.1N JOHN C.JOHANNESON TELEPHONE: AC-612-221-IO12 DOUGLAS C. GREEN JAMES W. GREHL BARBARA J.COIIf1ELL BRUCE G. OOLAUG ALBERT A.WDODWARD MINNEAPOLIS OFFICE RICHARD O.GONOHOG GARRETT E. MULROONCY GCOO FRANCE AVENUE SOUTH, SUITE 445 ROBERT A.DWORSKY 221-1825 MINNEAPOLIS, MINNESOTA SS435 WILLIAM J. HASSING WRITER'S DIRECT LINE MMES A.G MONAHAN JAMES 4. GALLAGHER TF_LF_PHON E:AC-G12-927-0763 September 6, 1978 Members of the City Council City of Eagan City Hall 3795 Pilot Knob Road Eagan, Minnesota 55121 Mr. Thomas Hedges City Administrator City of Eagan City Hall 3795 Pilot Knob Road Eagan, Minnesota 55121 Oslund Construction Company C/o Robert E. Oslund 1514 McCarthy Road Eagan, Minnesota 55121 Re: Winkel vs. City of Eagan and Oslund Construction Company Gentlemen and Members of the Eagan City Council: SES 7 1197 We are attorneys for Thomas J. and Francis Winkel. You are aware from the many direct communications Mrs. Winkel have had with you, that they have a serious and erosion problem involving the west side and rear of erty at 1575 McCarthy Road, Eagan, Minnesota. Mr. and drainage their prop - These problems are apparently due to inadequate storm sewer and drainage systems and to insufficient land fill and/or other techniques to accommodate these foreseen problems involving their particular lot when it was prepared -Cor construction. As the deterioration continues, practically with every rain, the Winkels' substantial investment can no longer go unprotected awaiting the promised assurances from you as to how the problems 3), - 0 • MAU N, HAZEL, GREEN, HAYES, SIMON AND ARETZ September.6, 1978 (Page Two I should be remedied ;repair, replacement -the difficulties. and as to who of you will defray the cost of and elimination of the conditions that produce Unless we hear from.you as mentioned below, L -he Winkels there- fore intend to go ahead to hopefully have the problems corrected at an estimated cost of approximately $1,850.00. The work is to Abe done by the Highland Nursery of St. Paul according to the pro- ,posal'ana planning of its civil engineer, Hank Herrick. We under- stand that the plan of Mr. Herrick has been considered and given substantial approval by Eagan's civil engineer, Bob Rosene. If you with to influence the Winkels' judgment along these lines in any way, please get in touch with the undersigned right away. Unless we hear from you, the work will commence on Wednesday, September 13, 1978. Thereafter, the Winkels will look to you for compensation respecting their expenses, including the cost of repair, replacement, etcetera mentioned above, any diminution in the value of their property, and attorneys' fees and other items of special damage, including but not limited to, the cost of obtaining an ease- ment from the adjoining property owner. Than], you for your attention. GEM: cm cc: Mr. Thomas J. Winkel Very truly yours, Garrett E. Mulrooney 23 Martin DesLauriers Chief of Police TO.: FROM: ii III :III ;�1 epartment Thomas L. Hedges, City Administrator, Chief of: Police SUBJECT: Results of. National. K-9 Trials Washington, D. C. 8/5 - 8/9/78 11 September 1978 In the Straight Attack Work Officer Kasat and Joe received . 156 points out pf a possible 160, to place in the top twenty dogs. This event included the Standoff (recall of the clog without biting the agitator). - i TO the Agility OFAcer Kasat and Joe received 55 points out of: a possible 60 points, to place in the top twenty -Five dogs. i Officer Kasat and Joe received a National Proficiency Rating by scoring over 420 points. In the over-all category, George and Joe placed in the upper half of the clogs in the country. George would 1i.ke me to extend his thanks to the Eagan City Council for the opportunity to compete :in these trails; he felt it was an honor and a privilege. . . MI/vk cc_: Sergeant Patrick Geagan t / /Martin DesLauriers Martin DesLauriers CK& of POW TO: PRO: is 0 0"agan J3® • epart eat Thomas L. Hedges, City Administrator Chief. of Police SUBJECT: 1977 LTD Squad #4 ND/vk 10 September 1975 On August 26, 1975 Cadet Paul_ Schneider-w"s i.nvulvcd Ln a motor vehicle accident on Cliff Road and Ches Mar Drive in squad 114. The driver of the other vehicle, Oscar Carlson, made an illegal left turn in front of Paul causing damage to the front end of the squad - total damage is $2,009.22. We Nil. receive a check from Mr. Corlson's :insurance carrier f:or that amount. This vehicle has over 70,000 miles on it and 1. would like to sel.l it to the highest bidder; Phil's Auto Body may he interested and also others. Please let me know whet procedure the City Council_ would like me to follow in order to sell. it - shall. I ndverCise nr_just cnl.l several hody and salvage places? $2,009.22 Ls probably just about what we would have received. before the accident, on a trade-in for a new vehicle. M rti.n DcsT,auri.crs Martin DasLauriars Chiof of Polico TO: Dispatcher Marlene Adam FROM: Chief of. Police_ SUBJECT:' Commendntion epartAt 22 3 September 1973 Sergeant Aszmann has written me to commend you for the cxr-cl.l.ent joh of di.spnl:chi.oA nn the n'i_1•,hC of An;•,nst :'_0111 durhig. the heavy rain and flooding. 'I: quote in port frons his memo: "Marlene handlers more than 55 T..C.'s on her shi.ft and probably hundreds of phone calls. She not only kept LIS a11advised of the calls hilt had to relay information to both faire and rnad departments as well. with six officers on the street with ail we could handle, I am sure Marlene experienced great pressure to get n1l the :information accurate and relay the same to us. She has again shown what a valuable employee she is." Please accept my thanks as well as Ken's for the excellent job you did that night, Marlene. Your expertise is very much appreciated - I Sincerely, , / cc' .. May /L'i.n Desl.auri.ers MD/vk � cc: Tom }ledges" Ken As-rmnnn - 3b Oppepa Mint ratan Voijiz Eaga Matin DosLauriors Chiof of Polico September 1978 TO: Officers Conyers, Rrule and Meszaros. FROM: Chief of Police SUBJECT: Commendation Sergeant Aszmnnn has written me to commend you for the excellent job you did in recovering a stolen outboard mn tar for C.1.:if:f Road Spnr tr.. T quntc in pari: 1-1-an1 hi!; memo: "Mule assisting Inver Grove Heights ..last night (9/2), Cal Ojempra told me that two of the subjects that they were dealing with may have been involved in the theft (of the outboard motor). With justtheir names and that little information, Ken, with the help of: .Terry Meszaros C�• and Dale Rrul.e, was able to get our motor back. Ken came in after his dog shift and with Meszaros, picked up the two subjects, Engrin and Macado, and wiChgnod police work recovered the motor and cleared our case. "Ken, ,Terry and Dale showed very good team work and coopern- tion :in solving the case. • "I th:i-nk Ken showed great'l.oyalty to our department b_v coming in after a clog shift and following up on this :infnrmnt.i.on." Please accept my thanks as well as Ken's for your excullent - polAr-e work. S.hicerf.l.y, .I Ifa tfn DesT,nur-i.ors cc: Tom TTedgesJ Ken Aszmann .. . _ 3�