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05/04/1982 - City Council Regularr AGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL MAY 4, 1982 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS e•� A. Fire Department 'OrC. Park Department e� Ak B. Police Department Ar D. Public Works Department e• IV. 6:55 - CONSENT ITEMS (One Motion Approves All Items) 6 A. Donald Henk for a Temporary Non -Intoxicating Malt Liquor License Q for a Softball Tournament at Univac Field August 17 & 18, 1982 Cr B. May Conditional Use Permit Renewals t 1p C. Resignation of Steve Johnson, Advisory Park & Recreation Committee Q Member D. Grading Permit for Mary Eggum/Borchert Ingersoll Property 4 E. Sign Permit for. Developers Construction/Hilltop Condominiums Q q F. Petition for Public Improvements & Order Feasibility Report for t Cinnamon Ridge 3rd Addition 9 G. Petition for. Temporary Storm Sewer/Parkcliff 2nd Addition 4 9 H. Grading Permit for Hilltop Condominiums V. 7:00 - PUBLIC HEARINGS Q.10 A. Vacation of Utility Easement over Block 13, Ridgecliffe Fifth Addition 10 B. Vacation of Drainage & Utility Easement, Barringer First Addition Q 10C. Vacation of Drainage & Utility Easement, Lot 3, Block 4, E.C.I.R.#3 Q'. VI. OLD BUSINESS A. Steven J. Flanagan for Preliminary Plat Approval of Cedar Cliff Commercial Addition, Located in the SWk of the SE`y of Section 30, (east of.Nicols Road & north of Cliff Road) j%B. Countryside Builders, Inc., Jerry Lagro, for a Preliminary Plat, Oakwood Heights, Consisting of Approximately 9.59 Acres for Townhouse Development, Located in Part of the N' of the SE'y of Section 26 (east of Wedgewood Drive in the Wilderness Run Road Area) e )� C. Selection of Architect/Proposed City Hall Expansion Eagan City Council Agenda May 4, 1982 Page Two VII. NEW BUSINESS p,�A A. Transfer of On -Sale 3.2 Beer & Wine License from Amore Pizza to Carbone's Pizza, Located at 1665 Yankee Doodle Road a� B. Larry Miller (Nicols Landing) for a Variance to Ordinance #73 Q (Amusement Devices) to Extend Hours of Operation Until 12:00 Midnight C. Ernest H. Eisenberg for Amusement Device License for Two Amusement Devices at the Mediterranean Cruise Restaurant, 3945 Sibley Memorial Highway 2� D. Leonard T. Dennis for Amusement Device License for Two Amusement e Devices at Applebaum's Food Store in the Cedarvale Shopping Center X1 E. Special Permit for. Crushing Plant/Mary Eggum - 1-494 MnDOT Project Q 50 F. Final Plat for Norvin Oaks t 3y C. Final Plat for Bicentennial 8th Addition Q �c H. Roger Erickson -& Ed Leier, DBA Jatco, Inc., for. a Conditional Use Q Permit to Allow a Fast Food Restaurant in a Neighborhood Business District located at Silver Bell Center. 4 VIII. ADDITIONAL ITEMS A. Contract 82-1 (Overhill Farm First Addition), Receive Bids/ Award Contract OB. Joint Cable Commission Update IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: .CITY ADMINISTRATOR HEDGES DATE: APRIL 30, 1982 SUBJECT: AGENDA INFORMATION After approval of the April 20, 1982 regular City Council minutes and the May 4, 1982 City Council agenda, the following items are in order for consideration: DEPARTMENT HEAD'RUSiNESS! FIRE DEPARTMENT A. Fire Department -- Enclosed for your information is a copy of the Eagan Volunteer Fire Department's monthly report for the month of February, found on page a Also enclosed for your information is a copy of minutes _61--t-officers' meeting, found on page �_. There is no action required for the Fire Department business. i FOR.L0Nj'U OF Cebruary, 1982 • MAN HOURS Fire Calls " 1130 Rescue Calls 109 7. Training 350 Truck & Equipment Maintenance 137 .Station Maintenance 126 Fire Prevention 40 ''. -Administrative'" 369 TOTAL 22,161 MANP(WER STATION Ill :+Available Days 14 - _ Available Nights 15 :=::Available Rotating 7 TOTAL 36 Medical„ 14.. . . Indust=ial 1' NUMBER -..Miscellaneous ' -. 'Structure 10 d .: Grass Y 0..... �s ^ SVehicle' ..... . 34. +' _Other < 6 24 STATION 02 2 17 4. 23 $LOSS $24,500.00 0.00 5,575.00 - 0.00 $30,075.00 STATION #3 3 13 2 .. 18 .....- r _ .RESCUE CALL§- NUMBER •;Vehicle Accident 0 Medical„ 14.. . . Indust=ial 1' -..Miscellaneous ' 0 TOTAL 15 LAR.,`DOLLAR LOSSES LOCATION OCCUPANCY LOSS 2-12-82 26 &-W Service Rd. Car $ 4,500.00 2-19-82 2215 James Ct. Garage 23,000.00 1929 Tourquoise Car 1,000.00 2-28-82 _ "1375 High Site Apartment 1,500.00 _ w a N 21 OFFICERS MEETING April 7, 1982 Attendees: Childers, Schendeldecker, Klang, J. Thomas, Bahrke, Flood Burlingame, Kugel, M. Carll, J. Adam, Giles, Reid. New Applications: 1. Janet Linkert, 4255 Pilot Knob Road, available days for station U3, accepted as a probationary member.' 2. Don Scbaaffhausen, 1325 Quarry Lane, available days station $2. Accepted a -• p probationary member.., , 7 Old Business., �. 1. Pay committee -'`no report. 2 M Adan/Lindblade committee, -to stud':,new firefvghter;.categories - no report `"' New. Business r ,� , �. J x <n.G9•t T-. a -F.,l dk b k I ll lI. buy a s hose,, :.5",; 100' rengths ` ?y Ma s s 2 lst' criim of ,injury must_be,,fille'd out, within one ilaq of !Ehe 4injury !(See attached letter from VAIi y View Ins ) „ ,6 � - a 3 c➢iscussion.on City 'plan to`;expand-police building ao Lncludes= _ nom.* s additional administrative 'and,:fire- departmel to fac litfes Planning=committee also'.repopted their recommendations: for future station sites (sje4,,att�ched) ,, Will forward the recommendations, toahe Cit Council> and the a ➢„ Planning Commission. y 4 Discussion on iiow toy imt rove medical cail response aC station t.2 Ideas, �...� '• r s t ».�-+ s 7 �K were ... y � -a.b r nc a � ry qGx s m xe medical`calls'cal I63 as fire calls Back;'up,' station 2Y6bji`'other_ two Naq,Carll i.11':research a nture'of responseistatist'ics.; biscussion-cn getting Fire,:Department involved ini'Reward for Crime"„pro`gram.-arson)F. r 6 'April ;'29th special'+trainigg.at Rosemount' z =rs 7. Need: standby.ApriL 24th, Apple Valley Dance 0.1 8Meszaros and Close resigned. s , p. 9 Al ive Horrockg;returned to act. ... 4 7-82 . . EXECUTIVE BOARD "1:!'At-no-time will parade participants drink alcohol on the fire truck during the parade. The driver will abstain from drinking prior to, during, and after parade, until the truck is returned to the station. J. W. Flood F a Agenda Information Memo April 30, 1982 Page Two POLICE DEPARTMENT B. Police Department -- There are no items to be considered at this time for the Police Deoartmert. PARK DEPARTMENT C. Park Department -- There are no items to be considered for the Park Department at this time. PUBLIC WORKS DEPARTMENT D. Public Works Department -- Request of Ann Pietsch -- Mr. & Mrs. Pietsch were granted a deferment by the Gity or Eagan for certain assessments against their property located on Dodd Road. The property is recorded in the names of both Mr. and Mrs. Pietsch and therefore the agreement of record between the City of Eagan and the Pietsch's required both Mr. and Mrs. Pietch's signatures. Mrs. Pietsch has requested special consideration by the City to waive the signature of her husband which will allow her to proceed with the assessment deferment. If the assessment deferment agree- ment is not exercised, the assessments will be levied with the property taxes this year. The City staff, including both the City Administrator and City Attorney, has explained to Mrs. Pietsch that the City staff cannot waive this right of signature. Due to their situation, there are too many uncertainties providing risk to the City. Mrs. Pietsch was advised that she consult legal counsel in an effort to work out this problem on a personal level. Mrs. Pietsch has asked to appear before the City Council and there- fore was scheduled as a part of Department Head Business. Her letter was difficult to reproduce and therefore a copy has been typed and is enclosed on page ACTION TO BE CONSIDERED ON THE MATTER: To Mr. Pietsch's signature on the deferment City of Eagan and Mr. & Mrs. Pietsch. C approve or deny waiving agreement between the :�.-yyc��:c �//„t. �il�,�'✓�G,cl.a� ..1/ctJ'r1�F:;c(� �__ t�/' ._.�G-rL- � :•�-w �'c*-�c-�� - .. i � exp ; ��u � •�.�' � �� y� - - C47 14t ------�- te, Zex� x!e G04114 tie "To the Honorable Mayor, c, __-... _......_._ . "My name is Ann Pietsch. I live at 4275 Dodd Road, Eagan. My hus- band and I are separated. I've got a deferment for the acessments but my husband will not sign. I make the payments. Therefore just for this year until I know more what will happen with this house, I would very much like for you to consider just one signature on deferment papers. I can not afford $100.00 per month to be attached to this payment. Also with the past record of payment on this mortgage the mortgage company will not go along with late payments. I have struggled all my life and I don't need a for - closure of this house because of acessments which we did not want here. We had to be one of the mis-fortunate people who have to pay interest yet on this money due for acessments which we can not come up with -- which is over $9,000.00. Is a lot of money. I contacted city attorney for help they said I should write the Council. I want to appear before the Council if necessary. I am very concerned about this matter. I need a home to live in. I can not afford to loose it because of acessments clue. "Mrs. Ann Pietsch 4275 Dodd Road .S Eagan, Minn." Agenda Information Memo April 30, 1982 Page Three There are a total of eight (8) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. - DONALD HENK - TEMPORARY BEER LICENSE A. Donald Henk for a Temporary Non -Intoxicating Malt Liquor License for a Softball Tournament at Univac Field August 17 & 18, 1982 -- Mr. Donald Henk, who resides at 1663 Bayard, St. Paul, Minnesota, is requesting application for a non -intoxicating malt liquor license for a softball tournament at the Univac Field to be held August 17 and 18, 1982. The firm's name sponsoring the tournament is Red Wagon Liquor Softball Association. This application has been checked out by our Assistant Police Chief and found to be in order. • ACTION TO BE CONSIDERED ON THE MATTER: To approve the application for a non -intoxicating temporary malt liquor license. MAY CONDITIONAL USE PERMIT RENEWALS B. May Conditional Use Permit Renewals -- There are two (2) condi- tional use permits which are in order for consideration. The first conditional use permit is for a pet shop in Cedarvale under the name Cedarvale Fish & Pet and the second conditional use permit is for Rosewood Corporation for a temporary trailer sales office. Both conditional use permits are being further reviewed by the City staff and support information will be provided with the Admini- strative Agenda on Monday regarding both of these conditional use permits. ACTION TO BE CONSIDERED ON THE MATTER: To approve the annual re- newal of the two (2) aforementioned conditional use permits. APRC RESIGNATION OF STEVE JOHNSON C. Resignation of Steve Johnson, Advisory Park & Recreation Com- mittee Member -- Mr. Steve Johnson, a member of the Advisory Park & Recreation Committee is resigning his appointment to that commit- tee during the month of April, 1982. Mr. Johnson's appointment does expire at the end of December, 1982. The normal procedure is to accept the resignation, ask that the City Administrator con- tact persons who previously applied for an APRC appointment and also advertise in the local newspapers the opening for an appoint- ment to the unexpired term of Mr. Steve Johnson. A copy of Mr. Johnson's letter of resignation is enclosed on page i ACTION TO BE CONSIDERED ON THE MATTER: To accept the resignation and direct the City Administrator to proceed with advertisement for a new appointment. 6 4296 Amber give 'a an, tiinnesota 55122 April 22, 1962 Mr. Ken 7raa, Director Sagan Parks and lecreation 3701 Coachman Road agan, Minnesota55122 Dear Ken : It is with regret that I resign my position Frith the Park and lecreation Advisory Committee, as I mentioned when I caila-i your office '.,3sn-sday, April 21. It is a decision that I have struggled with for some time. I •rill miss the commitment and concern that I shared with you and the members of the Comnit;.ee. In our conversation I also mention_= that :ay career search is still my big concern, and I have curtailed other activitiesas :sell until that issue is resolved. • I :could like to wish you, Ken and she others, all the very best and hope to see you at some of the ;arks, siioopina, or ,i2=•_ver, ihancjou for the opportunity to be involved. Respectfully yours, .;tev-- Johnson 7 Agenda Information Memo April 30, 1982 Page Four GRADING PERMIT - MARV EGGUM D. Grading Permit for Mary Eggum/Borchert Ingersoll Property - The City has received an application for a grading permit and tem- porary gravel extraction permit for the southern portion of the Borchert Ingersoll property in Section 12. They propose to have Buesing Brothers Trucking Co. extract approximately 200,000-300,000 cubic yards of gravel from the site. The material will be crushed and graded on the site, stockpiled and then hauled for construction of I-494. The hours of operation would be from 7:00 a.m. to 7 p.m. The operation will not be continuous during, the two construc- tion seasons 1982 and 1983. Ingress and egress to the site will be via the access road from Hwy. 149 or Borchert Lane. A detailed grading plan has been submitted to the City showing the before and after contours, erosion control and the restoration of the top soil after the removal of the gravel. The land will be restored for crop production upon completion of the gravel extraction. All required insurance certificates, performance bonds and fees have been submitted, reviewed and approved by both the Director of Public Works and Consulting Engineer. ACTION TO BE CONSIDERED ON THE MATTER: To approve the grading permit for the Borchert Ingersoll property as submitted. SIGN PERMIT - HILLTOP CONDOMINIUMS E. Sign Permit for Developers Construction/Hilltop Condominiums -- An application was presented to the City for a sign permit by Developers Construction advertising the Hilltop Condominium project. The sign permit is for a temporary sales sign to be located adjacent to the sales trailer which was approved by the City Council at the last regular City Council meeting. All the requirements set forth in the sign ordinance have been met according to the Chief Building Inspector. The height of the sign above grade will be approximately eleven feet while the size of the sign is 64 square feet on both sides. The sign will advertise "Hilltop Condominiums for Sale". The City was not aware at the time that Developers Construction was requesting a sign for the James Refrigeration Property, and had this fact been known, the sign permit would have been included with the sales trailer and/or development agreement approving the preliminary plat for Hilltop Condominiums. ACTION TO BE CONSIDERED ON THE MATTER: To approve a temporary sign permit advertising the sale of the Hilltop Condominiums. E Agenda Information Memo April 30, 1982 Page Five CINNAMON RIDGE 3RD ADDITION PETITION FOR IMPROVEMENTS F. Petition for Public Improvements/Order Feasibility Report for Cinnamon Ridge 3rd Addition -- At the last regular meeting of the City Council, a preliminary plat for Cinnamon Ridge 3rd Addition was approved. A letter has been received from Mr. Steve Ryan of Zachman Homes requesting that a feasibility report be prepared for the various public improvements to the Cinnamon Ridge 3rd Addi- tion. The Director of Public Works will assign a project number to this public improvement upon authorization of the City Council. ACTION TO BE CONSIDERED ON THE MATTER: To accept the petition for public improvement of the Cinnamon Ridge 3rd Addition and order a feasibility report to be prepared by the consulting engineering firm. PETITION FOR STORM SEWER PARK CLIFF 2nd ADDITION G. Petition for Temporary Storm Sewer/Park Cliff 2nd Addition -- The developer of Park Cliff 2nd Addition, Mr. Dick Winkler, is requesting that the City repair an erosion problem and eliminate a safety hazard by installing a temporary storm sewer in Park Cliff 2nd Addition and further that the cost will be assessed to the remaining property owned by the developer. The extimated cost is approximately $10,000. The City can negotiate a change order to an existing construction contract to install the temporary storm sewer in the proposed Park Cliff 2nd Addition. ACTION TO BE CONSIDERED ON THE MATTER: To authorize the Director of Public Works to negotiate a change order to an existing contract and assess the cost to the remaining lots owned by the developer, Mr. Richard Winkler. GRADING PERMIT - HILLTOP CONDOMINIUMS H. Grading Permit for Hilltop Condominiums -- The City has received an application for a grading permit from Loren Spande, Developers Construction, for the Hilltop Condominium project. The grading plan with erosion control plan and all other requirements have been submitted, reviewed and approved by City staff. All required insurance coverages, performance bonds and fees have been submitted and are also found to be acceptable. ACTION TO BE CONSIDERED ON THE MATTER: To approve the grading permit for Hilltop Condominiums as submitted by Developers Construc- tion. E Agenda Information Memo April 30, 1982 Page Six . P.UBL'I'G,HEAR SNGS VACATION OF UTILITY EASEMENT - RIDGECLIFFE A. Vacation of Utility Easement over Block 13, Ridgecliffe Fifth Addition -- The U. S. Homes Corporation has requested the vacation of easements for Lots 1 through 4, Block 13, Ridgecliffe Fifth Addition, due to the construction of townhomes of a larger size than intended on the original plat. As a result, the townhouse of four (4) lots infringes six inches onto a drainage easement. It is proposed that one foot of the easement be vacated with is located adjacent to and under the homes and that a foot be added on the opposite side of the easement. The new easement for three (3) of the four lots has been secured from U. S. Homes. The City does expect to have a letter indicating a waiver regarding this vacation hearing and the additional one foot easement for -the fourth lot which is now individually owned. ACTION TO BE CONSIDERED ON THE MATTER: To close the hearing and either approve or deny vacation of easements for Lots 1 through 4, Block 13, Ridgecliffe Fifth Addition. VACATION OF DRAINAGE EASEMENT- BARRINGER FIRST ADDITION B. Vacation of Drainage & Utility Easement, Barringer First Addi- tion -- The Barringer Addition, which is a very small addition, was orginally platted with bordering drainage and utility easements. That plat has now become a part of a much larger plat called Wind - tree 2nd Addition. The new plat does not require these easements and has its own system of easements. Since the new plat does not contain descriptions for these easements, it has been requested that the easement be vacated to allow proper recording of the Wind - tree 2nd Addition plat. ACTION TO BE CONSIDERED ON THE MATTER: To close the hearing and approve or deny the vacation of easements for the Barringer Addition. VACATION OF DRAINAGE & UTILITY EASEMENT - EAGANDALE IND. PARK C. Vacation of Drainage & Utility Easement, Lot 3, Block 4, Eagan - dale Center Industrial Park #3 -- It has been proposed that an easement be vacated across Lot 3, Block 4, Eagandale Center Indus- trial Park #3 to allow construction upon the site which would in- fringe upon a present easement. The petitioner has agreed to pro- vide the City with additional and more desirable ponding easements. ACTION TO BE CONSIDERED ON THE MATTER: To close the public hearing and approve or deny the vacation of easements for Lot 3, Block 4, E.C.I.R. #3. /0 Agenda Information Memo April 30, 1982 Page Seven PRELIMINARY PLAT FOR CEDAR CLIFF COMMERCIAL ADDITION A. Steven J. Flanagan for Preliminary Plat Approval of Cedar Cliff Commercial Addition -- As the City Council recalls, at the April 6, 1982 meeting, a revised preliminary plat for Cedar Cliff Com- mercial Addition was reviewed. The City Council had, previous to that meeting, directed the City staff to review the platting of the commercial area with the Dakota County Plat Commission in regard to providing access via a cul de sac off Cliff Road which is shown as Steven Court and direct access onto Nicols Road. The Dakota County Plat Commission had agreed with this change to the plat and further the applicant did respond to the requirement con- cerns of the City and therefore presented a revised preliminary plat to the City Council accepting the changes that were proposed by the Council. At the April 6, 1982 meeting, Mr. Flanagan indi- cated that he may wish to proceed with a replat of the area due to the fact that he was involved in negotiations with a large cor- poration who possibly desired acquisition of the entire parcel considered for platting. Due to the uncertainty of negotiations, the developer requested a thirty (30) day continuance of the pre- liminary plat. Mr. Flanagan is requesting that the City proceed with the preliminary plat that was originally considered with one exception. He is requesting that the four lots fronting on Nicols Road be platted as Lots 1 through 4, Block 1, and that the remainder of the property be platted as an outlot at this time. The City Administrator did provide considerable information on this preli- minary plat with the April 6, 1982 packet, copies of which are enclosed on pages through /S Also enclosed on pages /6 through are copies oft1Te Cesar Cliff Commercial Addi- tion and propos-eY grading plan for your information. The reasons for platting an outlot are in order that a grading plan can be worked out for the entire area prior to creating any additional lots. The four lots being platted at this time are of adequate grades or require minimum grading. The outlot will require a sub- stantial amount of fill in order to develop the lots at the required grade. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the preliminary plat in accordance with the information and conditions reviewed by the City Council at the 4-6-82 meeting and found again in the support information as described above. Agenda Information Memo April 2, 1982 Page Sixteen PRELIMINARY PLAT FOR CEDAR CLIFF COMMERCIAL ADDITION D. Seven J. Flanagan for Preliminary Plat Approval of Cedar Cliff Commercial Addition -- The revised preliminary plat for Cedar Cliff Commercial Addition has been received and is in order for considera- tion by the City Council. The City Council had directed the City staff and County to look at the platting of the commercial area in regard to providing access by a cul de sac off Cliff Road which is shown as Steven Court and direct access onto Nicols Road. The applicant has responded to the requirement and concerns of the City and is proposing the revised plat for City Council considera- tion. The proposed plat will contain fourteen commercial lots (ten of the fourteen lots containing at least one acre in size). There are four commercial lots which are approximately one-half acre in size. Lots 1-4, Block 1, will have direct access to Nicols Road. And providing four lots along Nicols Road, there can still be two accesses to the property in cross easements between the lots to minimize the amount of direct access. The cross easements will be provided as a part of the final platting. Lots 5-10 will have access from Stevens Court and no direct access will be allowed off of Scott Trail to Lots 5-10, Block 1. Lots 1-4, Block 2, will still have access from Scott Trail. It is the City staff's under- standing that Lots 1-4 will be the last phase to be constructed., within the development. This development will be phased; the first phase will be Lots 1-4, Block 1; second phase will be Lots 5-10, Block 1; and the third phase will be Lots 1-4, Block 2. It is also the City staff's understanding that the reason for phasing is the approximate 135,000 cubic feet of fill required for the development proposal, and to obtain this much fill at one time would be nearly impossible. The Public Works Director will address the grading and drainage in detail in regard to the fill required in the phasing. Ordinance 52 does not require any lot size for commercial lots in an LB. The only requirements in regard to the lots are setbacks from property lines and roadways and lot coverage for the building. The one-half acre to acre lots are adequately sized to provide lots for office buildings. In reviewing the pre- liminary plat, the conditions that were placed for the preliminary plat at the October 21, 1981 planning report have been met in regard to access off Scott Trail and other considerations. The only addi- tional requirements for the Cedar Cliff Commercial Addition at this time are: A detailed landscape plan shall be approved by the City for Lots 1, 7, 8 of Block 1 and Lot 1, Block 2, because this area will abut the residents in Cedar Cliff Addition. This landscaping is the main buffering area between the office and the residential lots. An adequate landscape bond shall also be provided and not released until one year after the landscaping has been completed. ►a Agenda Information Memo April 2, 1982 Page Seventeen 2. A landscape plan shall be required with all other lots at the time development occurs. An adequate landscapte bond shall also be required for each lot and not released until one year after the landscaoine has been completed. The plat should be subject to Dakota County Plat Commission's review and comments. 4. There should be a restrictive access on the west side of Scott Trail so that access to Lots 5-10 shall be by Steven Court vs. Scott -Trail. 5. All buildings shall require the same architectural and building materials on all sides of the building when pro- posed in order that the building will not have an unat- tractive side. 6. All trash receptacles shall be incorporated in the side of the building or attached to the building and maintained with the same architectural characteristics of the building. 7. The final plat shall incorporate the first phase for Lots 1-4, Block 1. Lots 5-10, Block 1 and 1-4, Block 2, shall .,. be platted as an outlot until the second phase is ready to be developed. The aforementioned data was coordinated by the City Planner, Mr. Dale Runkle. Enclosed on page 49 for additional information is a copy of the preliminary plat as revised for Cedar Cliff Commer- cial Addition and on page 50 a copy of the grading plan. The Director of Public Works, Tom Colbert, has submitted the following comments: A revised preliminary plat in comformance with the concept approval recently approved by Council action for the Cedar Cliff Commercial Addition has been submitted for formal Council approval on a preliminary plat basis. In reviewing the grading and drainage plan for the preliminary plat, it appears that approximately 133,000 cubic yards of fill would be required to make all fourteen lots developable. Because the developer does not have the necessary excess fill to accommodate this at the present time, he has indicated that he intends to develop this in phases in the following manner: Phase 1: Lots 1-4, fronting Nicols Road Phase 2: Lots 5-10, gaining access from Cliff Road through Steven Court Phase 3: Lots 1-4, attaining access from Scott Trail 13 Agenda Information Memo April 2, 1982 Page Eighteen The developer has indicated that there is sufficient excess material on the site to provide for the development of Lots 1-4 fronting on Nicols Road. Subsequent phases would. be developed as material becomes available. The grading plan provides for construction of a berm along the north boundary adjacent to residential proper- ties. Because of the proposed phase development, staff would recommend that the final plat for the first phase incorporate the proposed four lots on Nicols Road with the remainder being platted as outlots to maintain flexibility regarding additions pertaining to grading, drainage, streets and utility requirements at the time of their proposed development. Although four lots are proposed to take access from Nicols Road, it is recommended that there be a maximum number of two driveway entrances with the necessary cross easements to the appropriate lots to insure adequate access. The southerly access should be restricted to a minimum of 275 feet from the center line of Cliff Road. It is also .recommended that that section of Nicols Road be upgraded from Cliff Road to at least Erin Lane to accommodate the proposed future development of these lots taking direct access from Nicols Road. Although Nicols Road is technically Dakota County Road 28, the County intends to turn it back to the City in the near future for perpetual maintenance; therefore, it is doubtful that the County would participate in the cost of this upgrading. Therefore, it is recommended that this development be responsible for 50% of the cost of upgrading Nicols Road from Cliff Road to Erin Lane with the other 50% being the responsibility of the commer- cial properties located within the Mari Acre Additions. Future upgrading of Nicols Road further to the north would be required when the commercial shopping center was developed on the northern end of Mari Acres Second Addition. Because this preliminary plat is different from the one that was discussed at the planning commission public hearing of October 27, 1981, the engineering recommendations have been revised to the following. 1. A storm sewer system must be constructed from Mari Acres Pond (AP -9) to the east line of Phase 1 and continued in the future to handle the drainage requirements necessitated by the development of any phase construction. 2. A maximum of two driveway entrances only will be allowed onto Nicols Road with the southerly most driveway being a minimum of 275 feet north of the center line of Cliff Road. 14 C" L' Agenda Information Memo April 2, 1982 Page Nineteen 3. Only one entrance will be allowed onto Cliff Road, the center line of which being located 327 feet west of the center line of Scott Trail. 4. Restrictive access control be dedicated adjacent to Cliff Road, Nicols Road, and the west side of Scott Trail with the exception of those three previously discussed access points. 5. This development escrow is calculated assessment responsi- bility for the upgrading of Nicols Road from Cliff Road to Erin Lane. 6. A landscaping berm be constructed adjacent to the residential area as a condition of the first phase development. The Director of Public Works will be available to discuss in further detail these conditions with the City Council at the meeting on April 6. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the revised preliminary plat of Cedar Cliff Commercial Addition. 157 Proposed: \ CEDAR CLIFF COMMERCIAL ADDITION FOR: JOHN FLANAGAN } (ODTLOTS 0 and H. CEDAR CLIFF) `-� '•� DAR ILFF ERIN l` LMLO "EA SCALE: /19B LANE 1II \ \_'' \� _\ OuTLOT o q43 a MoiaR /96P `OYiLOi x xxp.>p 10T.L I I m CLIFF ---� ROAD a CR. WINDEN B ASSOCIATES, INC. L SYRVEMn9 1 r _____ ___fl ✓ut.xnxFSai� »iOF t,i N> -YM Proposed Grading Pion \\ CEDAR CLIFF COMMERCIAL ADDITION FOR: JOHN FLANAGAN (OUTLOTS O Ano N, CEDAR CLIFF) CUFF ERIN LANE II ¢ I CUT fl ,I T �I .I _I 3 LAND AREA SCALE: /' • SO' DUnor D n..e Ae. ft"A /99Y WemT N R.ADAe. 2 AD"LeD C.I. InhnDi °.il Ae TDeLL 4t FILk �-9 � �.. :\asp I -•�.. / / ;i \ FILLL ` \ ` 4 AI SAA. CU+ ' � I % �11 � h ;r>• I ,ant � ROAD --- A C.R. WINDER B ASSOCIATES, INC. U.' E IWNEr01 lq a 'A uA.ewR 1e.00 1.i. � k CLIFF LAND AREA SCALE: /' • SO' DUnor D n..e Ae. ft"A /99Y WemT N R.ADAe. 2 AD"LeD C.I. InhnDi °.il Ae TDeLL 4t FILk �-9 � �.. :\asp I -•�.. \ ` 4 ROAD --- A C.R. WINDER B ASSOCIATES, INC. U.' E IWNEr01 lq a 'A uA.ewR 1e.00 1.i. � k Agenda Information Memo April 30, 1982 Page Eight -A ARCHITECT SELECTION FOR PROPOSED CITY HALL EXPANSION C. Architect Selection for Proposed City Hall Expansion -- At a special City Council meeting held on Wednesday, April 28, 1982, four (4) architectural firms were interviewed by the City Council for the purpose of designing a second story addition phase of the Police Department building to be designated as a City Hall. Inclu- ded in the proposal is the possibility of an added expansion to the Police Department which would include a small fire station building. The four firms that were interviewed are as follows: BWBR, Kilstophe & Poisson, Architectural Alliance and Boarman Archi- tects. ACTION TO BE CONSIDERED ON THE MATTER: To approve the selection of one of the aforementioned firms as an architect to design a fire addition and city hall expansion of the existing Police Depart- ment building. Agenda Information Memo April 30, 1982 Page Eight OAKWOOD HEIGHTS PRELIMINARY PLAT B. Countryside Builders, Inc., Jerry Lagro, for a Preliminary Plat of Oakwood Heights, Consisiting of Approximately 9.59 Acres for a Townhouse Development -- At the last regular meeting of the City Council held on April 20, 1982, further consideration of the preliminary plat of Oakwood Heights was continued until the May 4, 1982 meeting. The purpose of the continuance was to request that the City staff analyze the development activity of the Lexing- ton South Planned Development. Enclosed on pages-- 10 through a a is a copy of a report prepared by the Planning�n/Assis- tant, Dave Osberg, that analyzes the development of the Lexington South Planned Development. For additional information on the pro- posed preliminary plat of Oakwood Heights Condominiums, refer to pages 67 through 83 of the April 20, 1982 City Council packet. If any member of the City Council has misplaced this information, please feel free to contact the City Administrator's office for additional copies. Again, for a copy of the action that was taken by the APC, refer pages ;(!Z through 2.3 . ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the preliminary plat for Oakwood Heights. 19 TO: CITY PLANNER IMUZ FROM: PLANNING ASSISTANT OSBERG DATE: APRIL 28, 1982 RE: LEXIN(' W SOUTH PD As requested, I have analyzed the development activity of the Lexington South Planned Development. I have tried to determine how much of the Lexington South PD has been developed and what the various land uses are. There are a total of 1,140 acres in the Lexington South PD. Of this amount, the following are the acreage breakdowns of the various land uses in the Lexington South PD: I. Residential II. Commercial R-1 87.0 acres R-2 326.6 acres R-3 180.0 acres R-4 102.3 acres 695.9 acnes CSC 67.8 acres GB 67.8 acres IS 33.8 acres TOTAL . . . . . . . . . 169.4 acres III. Athletic Field . . . . . . . . . 42.6 acres IV. Parks and Open Space . . . . . . . . 142.1 acres V. Road R.O.W. . . . . . . . . . . . . . 90.0 acres GRAND TOTAL 1,140.0 acres The important acreage totals to keep in mind are the 1-1 and R-2 land uses. These totals will give a better indication of the impact'the Oakwood Heights project will have on the entire Lexington South PD. There are, at the present time, six subdivisions in the Lexington South PD which have been developed or platted. The six are: Canterbury Forest, Ches Mar East, Wedgewood, Overview Estates, Oak Pond Hills and Oak Pond Hills 2nd. The following chart provides further information regarding each of the six subdivisions. The numbers on the chart refer to the attached map of the Lex- ington South PD. LAND USE GROSS ACRES Mc. UNITS NET ACRES GROSS DENSITY NET DENSITY 11 Canterbury Forest R-1 44.1. 58 36 1.31/DU/Ac 1.6 DU/Ac 2) Ches Mar Fast i-2 47.8 118 34.5 2.46 DU/Ac 3.42 DU/Ac 3) Wedgewood R-2 46.1 85 33.1 1.84 DU/Ac 2.5 DU/Ac 4) Overview Estates R-1 27.3 24 26 .87 DU/Ac .92 DU/Ac 5) Oak Pond Hills R-1 5.5 4 2.9 .7 DU/Ac 1.3 DU/Ac 6) Oak Pond Hills 2nd R-1 8.7 6 7.6 .67 DU/Ac .79 DU/Ac Iaxington South PD April 28, 1982 Page two At the present time, there are 92 units that have been developed or platted that are in the 1-1 land use category of the Iexington South PD. The esti- mated number of units to be developed in the R-1 category is 217. The 92 developed or platted R-1 units are on 85.6 acres with the total amount of R-1 land in the Lexington South PD being 87 acres. Therefore, the land de- signated for R-1 use in the Ip--axgtcn South PD is nearly saturated with only 92 of the expected 217 units. There are 203 units that have been developed or platted that are in the R-2 land use category of the Lexington South PD. There are 1,633 potential R-2 units in the Lexington South PD. The 203 developed or platted R-2 units are on 93.9 acres with the total amount of R-2 land in the Lexington South PD being 326.6 acres. Therefore, the land designated for R-2 use in the Lex- ington South PD is only 28% saturated with 232.7 acres yet to be developed. The 232.7 acres is available for development of the remaining 1,430 R-2 dwelling units that are projected in the rax natcn South PD. At the present time, there has been no development or platting of any R-3 or R-4 land in the Lexington South PD. However, it has been projected that there will be 1,800 R-3 units and 1,636 R-4 units developed in the Lexington South PD. In conclusion, it appears that there is considerable development yet to take place in the Lexington South PD. Most of the future development will occur in the R-2, R-3, R-4 and commercial areas with much of the R-1 land already developed. DMD/jack - 21 Z Ex1NGT0/V SSOUT/,, PU.Q W -a APC Minutes March 23, 1982 0AKWOOD HEIGHTS CONDOMINIUMS - PRELIMINARY PLAT The application of Countryside Builders and Jerry Lagro for preliminary plat approval of Oakwood Heights Condominiums consisting of 9.95 acres and 60 condominium dwelling units was then considered by the Council. Mr. Darrel Anderson, architect, and Mr. Lagro were present. The project would consist of 12 different unit plans and three building types on a very rough parcel of property north of Wilderness Run Road in a portion of the Lexington South Planned Development. Mr. Anderson indicated.that the developer would attempt to save as many oak trees as possible, that a tot lot would be provided, that a private street would be provided on the north, there would be two spaces per unit for parking and additional guest parking would be available. He re- quested the increase in density to 64 units, but indicated that he misunder- stood the density requirements under the ordinance, basing that request on 6,000 square feet per unit. The units would be 800 to 1,300 square feet in size and there would be a minimum 40 foot setback along Wilderness Run Road. It was noted that in order to comply with the ordinance requirements, that it would be necessary to reduce the density to approximately 57.5 dwelling units in the area zoned planned development, allowing 3 to 6 dwelling units per acre. If the streets are all public, it would also reduce the acreage by about 2 additional acres for computation of density. The prices would range from $58,000.00 to $82,000.00 per unit. It was noted that lower density generally is provided around the area, except to the east. Mr. Anderson indicated that the developer would comply with the density requirements of the City. McCrea moved, Turnham seconded the motion to recommend approval, subject to the following: 1. That density not exceed 55 units in the project. 2. A development agreement shall be completed prior to the construction of any of the dwelling units. 3. A detailed landscape plan shall be approved by City staff and an adequate landscape bond shall be submitted with the final plat and not re- leased until one year after the landscaping has been completed. 4. The developer shall provide the City with a copy of the Homeowner's Association Articles and Bylaws for review. 5. The park dedication has been satisfied with the Lexington South Planned Development. However, a tot lot shall be included and its plan shall be reviewed by the Advisory Park Committee for its recommendations. 6. A 40 foot setback for all buildings shall be required from Wilder- ness Run Road. 7. All other City ordinances shall be applicable for the overall development. ,az 2 C C: APC Minutes March 23, 1982 8. An 80 foot right-of-way should be dedicated for Wilderness Run Road in conformance with the existing street and utility easement adjacent to this plat. 9. Internal private drives shall be a minimum 28 feet in width con- structed to a 7 -ton design with concrete curb and gutter. 10. A detailed grading, drainage and erosion control plan shall be submitted and approved by the City prior to final plat approval. 11. If installed privately, the utility layout and design shall be as approved by the City. 12. Trunk area storm sewer assessments shall be paid as a condition of final plat approval. 13. A 10 foot drainage and utility easement shall be dedicated adjacent to all lot boundaries in this proposed plat. Those in favor were McCrea, Turnham, Wilkins and Hall. Those against were Bohne Krob and Wold. Those voting no were concerned about the density being too high on the parcel of property. It was suggested by Planning Commission members that the staff review a potential reduction of 2 units in the buildings facing the pond on the east. ;L3 Agenda Information Memo April 30, 1982 Page Nine NEW BUSINESS' WINE & BEER LICENSE TRANSFER - CARBONE'S PIZZA A. Transfer of On -Sale 3.2 Beer & Wine License from Amore Pizza to Carbone's Pizza -- Application for non -intoxicating 3.2 on -sale beer and wine license for Carbone's Pizza located at 1665 Yankee Doodle Road is in order for consideration. Fratelli Tre, Inc., is requesting the license for the former Amore Pizza business (and previous to that, the 7-11 Store). The new business, under the name of Carbone's Pizza, is scheduled to open during mid to late May, and in any event, the non -intoxicating liquor license would be dated from May 15 to December 31, 1982. For additional informa- tion on this item, copies of the application, personal information, general information and police department check with no page numbers as additional information for each member of the City Council. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny an on - sale 3.2 beer and wine license to Carbone's Pizza. HOURS OF OPERATION VARIANCE - NICOLS LANDING B. Larry Miller (Nicols Landing) for Variance to Ordinance #73 (Amusement Devices) to Extend Hours of Operation until 12:00 Mid- night -- At the November 4, 1981 City Council meeting, a conditional use permit was granted to Mr. Larry Miller to operate more than three (3) amusement devices at Nicols Landing (previously the A & W Restaurant). The ordinance does not allow hours of operation for the amusement arcade to be later than 10:00 p.m. At the time of conditional use permit approval, the applicant did request that the restaurant be permitted to continue to be open until 12:00 p.m. on Friday and Saturday nights. The City was assured that the machine portion of the restaurant portion of the restaurant could be closed at 10:00 p.m. to comply with the ordinance. There- fore, the action taken by the City Council was as follows: "Motion to approve the application, subject to the review by staff as to the maximum number of machines that could appropriately be placed in the establishment and further, that the portion of the building used for the amusement devices be closed at 10:00 p.m. to comply with the ordinance in full compliance of Ordinance #73, Amusement Devices." The City has received a request from Mr. Miller that the City approve a request to allow the amusement devices to be operated until 12:00 p.m. on Friday and Saturday nights to remain consistent with the restaurant operation. Enclosed on page _2! is a letter from Mr. Miller requesting the new hours of operation for amusement devices. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the request for the extension of hours of operation for the amusement devices as requested by Mr. Larry Miller for the Nicols Landing Game Room. 24 P64owV Agenda Information Memo April 30, 1982 Page Ten AMUSEMENT DEVICE LICENSE FOR MEDITERRANEAN CRUISE C. Ernest H. Eisenberg for Amusement Device License for Two Amuse- ment Devices at the Mediterranean Cruise Restaurant -- An applica- tion was received from Mr. Ernest Eisenberg of Eisenberg Enterprises Games Unlimited requesting two (2) amusement devices for the Medi- terranean Cruise Restaurant. The application is in order for con- sideration by the City Council. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny amusement device application for the Mediterrean Cruise Restaurant. AMUSEMENT DEVICE LICENSE FOR APPLEBAUM'S D. Leonard T. Dennis for Amusement Device License for Two Amusement Devices at Applebaum's Food Store in the Cedarvale Shopping Center -- At the March 16, 1982 City Council meeting, an application for two (2) amusement devices for Applebaum's food store was denied. The minutes read as follows, "The application of Applebaum's food store for two amusement devices at the Applebaum's store in Cedar - vale Shopping Center was submitted for consideration. There was no appearance and council members discussed the application, in- dicating that it did not appear to be a good location for amusement devices in a grocery supermarket. Smith moved, Wachter seconded the motion, to deny the application for the reasons mentioned above. All voted yes." Mr. Leonard Dennis, president of Storcast Corpora- tion of America, Wayne, Pa., has reapplied for the application and would like to have a representative appear before the City Council to discuss the reasons they have for approval of the two (2) amusement devices. This application was treated as a new appli- cation with all fees paid to the City. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the two (2) amusement device license for Applebaum's food store in the Cedarvale Shopping Center. a6 Agenda Information Memo April 30, 1982 Page Eleven CRUSHING PLANT - 494 MnDOT PROJECT E. Special Permit for Crushing Plant/Mary Eggum for I-494 MnDOT Project -- This item relates to the grading permit addressed under Item D of Consent Items. An application for a special permit to operate a crushing plant was applied for by Mr. Eggum. This special permit is similar to the special permit that was allowed for the Cedar Avenue Freeway project. To provide further information on this item, a copy of a letter of intent from Wehrman Consultants Associated, Inc., for Buesing Bros. Trucking, Inc., is enclosed on pages a$ through!I atIf the City Council desires to approve the special permit, it s�ould be subject to the following conditions: 1. Hours of operation be limited to 7:00 a.m. to 7:00 p.m. 2. The facility shall not be operated on Sunday. 3. The facility be removed after the completion of the contract and the restoration of the property be complete to its present condition. 4. The City Council shall review the permit ninety days after start up to determine whether the operation is in violation of its conditions or if there are any serious objections. 5. That no trucks serving the plant use public roads during rush hour traffic other than the bare minimum. 6. Access to the crushing facility and the location where the material will be used shall be coordinated with the Public Works Director. 7. The material shall only be used for the I-494 project between the Minnesota River and T.H. 55. 8. The crusher will be in operation for the construction season in 1982-1983. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny a special permit for a crushing plant as requested by Mr. Mary Eggum. a-7 MEMORANDUM OF INTENT TO: CITY OF EAGAN FROM: WEHRMAN CONSULTANTS ASSOCIATED, INC. FOR BUESING BROS. TRUCKING, INC. DATE: APRIL 26, 1982 SUBJECT: EXTRACTION AND CRUSHING OF GRAVEL AT BORCHERT-INGERSOLL, INC. PROPERTY 3275 Dodd Road, Eagan, Minnesota 55121 PURPOSE: To extract and process gravel for use in I-494 construction project located between Minnesota River and Highway 55. The removal of the material will better adapt the site terrain for future industrial development, while maintaining the general character of the topography during the interim period. PROCEDURE: During the construction seasons of 1982 - 1983, Buesing Bros. Truck- ing, Inc. will extract 200,000 to 300,000 cubic yards of gravel from the site. The material will be crushed and graded by an on-site plant, stockpiled and subsequently hauled to the construction site. The operation of the crushing plant will not be continuous during the two seasons. Ingress and egress to the site will be via the access road from Highway 149 or via Borchert Lane as shown on the attached drawing. Hours of operation will be limited to the hours between 7:00 a.m. and 7:00 a.m. C.D.T. _ Traffic movement to and from the site, as well as dust and noise control, will conform to Mn/DOT, PCA and City of Eagan requirements. DRAINAGE The extraction, grading and processing will occur outside the 100 -year WETLANDS flood level of the adjacent wetland,.i.e., above the 850 contour. Ero- AND sion control, by means of hay bales with snow fence, or Envirofence, EROSION will. prevent sediment from reaching the wetland during the period of CONTROL: extraction and grading. The extraction area will be graded in a manner 'to assure that drainage will be intercepted by the erosion control devices during construction. Previous to extraction, the topsoil will be'stripped and stockpiled. After completion of extraction operations, and establishment of subgrade in conformance with the attached grading plan, the topsoil will be deposited over the disturbed area. The disturbed area will then be returned to crop production. It should be recognized that the quantity of extracted material cannot be precisely determined, and consequently, the ultimate grading shown may vary. The attached drawing indicates the maximum amount of antici- pated extraction. 99 BOND AND Attached is a Restoration Bond in the amount of $10,000, computed INSURANCE: at the rate of $500 per acre disturbed, holding the City of Eagan harmless from any and all claims, suits, etc. Also attached is a Certificate of Insurance naming the City of Eagan and the property Owner as Insured per City requirements. 29 Agenda Information Memo April 30, 1982 Page Twelve FINAL PLAT/NORVIN OAKS F. Final Plat for Norvin Oaks -- The final plat for Norvin Oaks is in order for consideration. All easements have been changed in accordance with the Director of Public Works. All other items were reviewed and are in order for final consideration by the City. The development agreement and all other documents will be completed in accordance with the City Attorney's office. A copy of the final plat is enclosed on page -,a ACTION TO BE CONSIDERED ON THE MATTER final plat for Norvin Oaks. 30 To approve or deny the `-` NORVIN Sea/a L%I `z :r.. �i Jau/A 4f9 !p•/ a! pp 89° 05' 27° W NE 6v d JW %a Or Jw- .7 P7, RPl. ge05 452.13— 1 d gg -uisa 3 I ---92000--- IN ;h POND ¢� i "s PJB `air too. Z�I; coil 2 0 IT W �s %_Zo � % E e Air /g - `r:i / / g r Sar 329) slag I �N 6 y `•,. Nag'OS'27Er0� „v1a 3 ^,STORLAND ROADS �� 0 YSA9 1---------- -- J'-----� —266.06-- •• != 1 Nag, OS'27°E JauiA MW a/NF%// J J%i' is ol.rs<. 3/, JT7, RT! w Agenda Information Memo April 30, 1982 Page Thirteen FINAL PLAT/BICENTENNIAL 8TH ADDITION G. Final Plat for Bicentennial 8th Addition -- The final plat for Bicentennial 8th Addition is in order with one exception, that being a letter from the Minnesota Department of Transportation stating that the right-of-way for I -35E is adequate. At the present time, the City has not received a letter from MnDOT; however, it is expected that the letter will be received by the City Council meeting on Tuesday. All other items pertaining to Bicentennial 8th Addition final plat are in order and the plat is therefore in order for consideration by the City. A copy of the final plat is enclosed on page _3:. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the final plat for the Bicentennial 8th Addition. 3a PRELIMINARY PL OF NNIA L EIGHTH 0 'A ;: AT ADDITION , Agenda Information Memo April 30, 1982 Page Fourteen CONDITIONAL USE PERMIT/ROGER ERICKSON & ED LEIER H. Roger Erickson & Ed Leier, dba Jatco, Inc., for a conditional Use Permit to Allow a Fast Food Restaurant in a Neighborhood Busi- ness District located in Silver Bell Center -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on April 27, 1982. The APC considered an application submitted for a conditional use permit to allow a fast food restaurant in a neighborhood business district located at 1973 Silver Bell Center. The APC is recommending approval of the conditional use permit. For additional information on this item, refer to the Planning Assistant's report found on pages '35' through For additional information on this item, refer to the APC minutes, a copy of which is enclosed on page 1q . ACTION TO BE CONSIDERED ON THE MATTER: Toapproveor deny the recommendation of the APC to approve a conditional use permit for Roger Erickson & Ed Leier. ftmi 1. y CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: FDGER ERICKSON AND ED LEIER DBA JATCO INC LOCATION: 1973 SILVER BELL CENTER EXISTING ZONING: NB (NEIGHBORHOOD BUSINESS DISTRICT) DATE OF PUBLIC HEARING: APRIL 27, 1982 DATE OF REPORT: APRIL 22, 1982 REPORTED BY: DAVID M. OSBERG, PLANNING ASSISTANT APPLICATION SUBMr=: An application has been submitted for a conditional use permit to allow a fast food restaurant in a Neighborhood Business District located at 1973 Silver Bell Center. COMMENTS The applicants are proposing to open a fast food Mexican restaurant in the Sil- ver Bell Center,. The restaurant will have seating available for consumption of food on the premises and food will also be prepared for oomsumption off the pre- mises. According to the zoning ordinance, a retail shopping center in a Neighborhood Business District, which the Silver Bell Center is, may have a restaurant with sit-down facilities only. Because the applicants are proposing to have food available for consumption off the premises, a oonditional use permit is required. As can be seen from the attached diagram of the restaurant, seating will be avail- able for consumption of food on the premises with approximately 40 seats avail- able. Staff would like to point out that the Silver Bell Shopping Center appears as a General Business District on the zoning map and in reality the zoning is Neigh- borhood Business. If a conditional use permit is granted, all other ordinance requirements shall be amplied with. DMO/jach 3S REAR M" woMFFI —`f' W � ; SEATlN6� ARF.q � -4 �. N i;m i I � I i i I' A/StE • J 36 / FRON r g1loIs /cocfz PCA Pbk Ti4TGo� �L, d/ 6/q nTN t TiA:1,4. � ret'�v�ra►,7" STo�AGE 1973 S/c VCR —Zo — BELL iCt�.� `o EC4CrA) Mr1, �DFF'GE qha `I -•----UN•fT � S S'roRpGF 5/I VCR :BELL CrR, K .. ® .. I X � ; SEATlN6� ARF.q � -4 �. N i;m i I � I i i I' A/StE • J 36 / FRON r ��tri %' •� � S ~ its 111 1 1 ; r..•? 1 =+ O OI Y w Y• w. _NVIJ : UOOIJ = 'M •YYW Yrw I YAM71K C•i ; 1 r C /c� _r ISt MPuSTf?IA PARK A A R-4 •Li F. uJ FP CE / L I .. N INDUS IAL AIf IL \Q 18 t PPM csc e G5/1 D -n 1 PF K Y% W SUBJEG q / PROPE' ADDTION y�✓ ACRES 8L R-4 A R - JC T ACRES C -I R-4 R wrQ� R=1 APC Minutes April 27, 1982 JUAN A. TAM MUM, IW. The application of Roger Erickson and Ed Leiei, dba Jatco, Inc., for a conditional use permit to allow a Mexican fast food restaurant in a Neighbor- hood Business District located at 1973 Silver Bell Center was convened by the Chairman. It was noted that there appeared to be adequate parking for this type of restaurant, which was to expect 508 sit-down and 508 take-out busi- ness. This was assuming that this Shopping Center continued to be a low- volume center and that the once proposes] hamburger and beer establishment was not being developed. The members also expressed concern that the applicant be responsible for any necessary receptacles for customers that would choose to eat their food outside of the building and dispose of the waste. Member Krob moves] to recommend approval of the conditional use, subject to compliance with applicable ordinance provisions . It was seconded by McCrea. All voted in favor. Agenda Information Memo April 30, 1982 Page Fifteen ADDITIONAL' ITEMS' CONTRACT 82-1/BID AWARDS A. Contract 82-1 (Overhill Farm 1st Addition), Receive Bids/Award Contract -- The City of Eagan received bids to provide public im- provements for the Hay Lake sanitary sewer, South Oaks trunk sewer and Overhill Farm Addition sewer. The low bid was $298,794.65 received from Richard Knutson. The low bid is 7% higher than the feasibility report for the Hay Lake and South Oaks portion of the contract while the bid for the Overhill Farm Addition is 7% lower than the feasibility report. For additional information on the bids as reviewed by the consulting engineer and a bid tabulation sheet, refer to pages +I through �. . ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny Contract 82-1 bid award to the low bidder, Richard Knutson, Inc. 06 Our File No. 49224 HAY LAKE SANITARY SEWER - PROJECT 321 SOUTH OAKS TRUNK SEWER - PROJECT 326 OVERHILL FARM ADDITION - PROJECT 332 CITY CONTRACT 82-1 EAGAN, MINNESOTA CONTRACTORS 1. Richard Knutson, Inc.. 2. Julian M. Johnson 3. Northdale Construction Co. 4. Nodland Associates, Inc. 5. Parrott Construction Co. 6. Orfei 6 Sons, Inc. 7. Austin P. Keller Construction 8. Barbarossa 6 Sons, Inc. Feasibility Report Engineer's Estimate Low Bid BID TIME: 10:30 A.M., CDST BID DATE: Tuesday, April 27, 1982 Projs. 321 b 326 $202,010.00 $187,060.00 $216,675.65 Feasibility Report compared to Low Bid: (+) over; (-) under Project 321 b 326 +7X Project 332 -7X 9426a 41 TOTAL BASE BID $298,794.65 $299,485.00 $360,092.50 $365,250.00 $377,449.75 $411,810.34 $430,264.00 $491,825.00 Proj. 332 $ 88,660.00 $ 89,170.00 $ 82,119.00 7335 V. 1..4 J/Oamv 36 S1. P0.4 M..,.lak. 55113 P4.. 617-636-0600 April 28, 1982 City of Eagan 3795 Pilot Knob Road Eagan, Mn. 55122 . o L1956I e � Attn: Mr. Tom Colbert Re: City Contract 82-1 Our File No. 49224 Dear Tom, Ono G. Ba.arroo. P.E. Robe,, W. Rouse. P.E. Joseph C. Anderllk. P.E. Oradlord A. Lemberg. P.E. Richard E. Tamer. P.E. Jame, C. Oh.m. P.E. Glenn R. Cook. P.E. Keech A. Gordan. P.E. Thomas E. Mayen P.E. Richard W. Fwnr. P.E. Robere G. Schmalehl, F.E. Marren L. Serrata. P.E. Mmild C. B.rsardl. P.E. Jerry A. Bearden. P.E. Mark A. Haman. P.E. seer,. M. G"Mcly Charlie A. Erleks.. Leo M. Pamelshy Harlan M. Ohe. Dawd E. olso. Bids were received April 27, 1982 for City Contract 82-1. Low bidder of the eight (8) bids received was from Richard Knutson, Inc. with a total base bid of $298,794.65. A comparison of the low bid received to preliminary report costs for each project are as follows: I. RAY LAKE TRUNK SANITARY SEWER - PROJECT 321 SOUTH OAKS TRUNK SEWER - PROJECT 326 A. Sanitary Sewer B. Storm Sewer TOTAL PART I ............... II. OVERHILL FARM ADDITION - PROJECT 332 TOTAL PART II .............. TOTAL CONTRACT 82-1 ........ Prelim. Report Low Bid $144,950.00 $119,569.55 57,060.00 67,106.10 $202,010.00 $216,675.65 Prelim. Report Low Bid $ 88,660.00 $ 82,119.00 $290,670.00 $298,794.65 The low bid is approximately 3% over the cost estimated for the preliminary report. A breakdown by project shows a 7% increase for the Trunk Sanitary and Trunk Storm Sewer Project 321 and 326 while Overhill Farm Addition, Project 332 shows a 7% decrease when compared to preliminary report costs. It is felt cost increases for Project 321 and 326 are due to preliminary re- port costs being prepared in January 1981 and also due to an abnormal winter which increased groundwater conditions. Soil borings taken by contractors ex- perienced significantly wetter conditions than experienced by soil borings 9426a Page 1. M City of Eagan Eagan, Mn. Re: File No. 49224 April 28, 1982 taken by the City last summer. Therefore, the contractors felt dewatering procedures would be more difficult than originally anticipated. We, therefore, recommend award of City Contract 82-1 to Richard Knutson, Inc. for $298,794.65. If you have any quetions, please contact this office. Yours very truly, BONESTR00, ROSENE,, ANDERLIR 6 ASSOCIATES, INC. � �J g" 61-- Mark A. Ranson MAH:li 9426a Page 2. 43 Agenda Information Memo April 30, 1982 Page Sixteen CABLE TV UPDATE B. Joint Burnsville/Eagan Cable Commission Update -- City Council representative Jim Smith and City Administrator Hedges will provide a brief update of the last regular meeting of the joint cable com- mission that was held in the City of Burnsville on April 22, 1982. Briefly, the joint commission hired Mr. Tom Creighton as legal counsel, reviewed and adopted a lobbyist registration procedure, met with the chairman of the Prior Lake Cable Committee to discuss the possibility of including Prior Lake and Savage into a joint cable service territory with the Cities of Burnsville and Eagan at the request of Prior Lake and, further, a discussion of tentative work plans for the upcoming meeting. There is no action required by the City Council at this time on action of the joint commission. =RX"W" "Ilk ' — MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 30, 1982 SUBJECT:. INFORMATIVE McCarthy Condemnation Action Enclosed on pages 44 through 47 is a copy of a letter from the City Attorney's ottice regar'd'ing an update on the McCarthy condemnation action. Attorney General Opinion Regarding Storm Sewer Improvement Tax D str ct The City Administrator subscribes to that part of the Minnesota Legal Register which involves opinions of the Attorney General regarding decisions that impact local government operations. The most recent copy of the Minnesota Legal Register addressed an inter- esting opinion of the Attorney General regarding sewers: city: storm sewer improvement tax district. A copy is enclosed on pages 4$_ through 49. for your information. DWI Law Kevin Eide of the City Attorney's office has prepared a memorandum that describes some of the changes in the new DWI law and the impact these changes will have on the City of Eagan. There is no action required; however, if there are any changes or alterations the City Council would like to make in the policies that have been adopted by the City Attorney's office regarding prosecution of the DWI charges, please direct the City Administrator and City Attorney accordingly. Enclosed on pages SO through is a copy of the letter. Ehlers & Associates Enclosed on pages 53 through — is a copy of the most recent letter from Ehlers-&-7-ssociates. u �a 'Ik \ i 45' HAIIGE, Sm=, EIDE & HELLER. P.A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 66122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Mr. Thomas L. Hedges City Administrator 3795 Pilot Knob Road Eagan, MN 55122 Re: McCarthy Condemnation Action Dear Tom: April 19, 1982 AREA CODE 612 TELE"ONE 464.4224 This is an update on the Wescott Road and McCarthy Pond condemnation actions. You may recall that the hearing on the Petition for the condemnation of the pond took place in December. We recently received the decision of the Court granting our Petition and appointing three commissioners. Immediately, Arnold Kempe, the McCarthy's attorney, brought a motion which was heard on April 15 before Judge Kluck asking that the Petition be denied and that the City had no right to be trespassing on the McCarthy property for the installation of the pipe from the developed land to the north to the pond. You also will perhaps remember that about 100 feet of pipe was installed on the McCarthy property in September of 1981. The reason that Mr. Kempe has brought this motion is to attempt to preserve his rights in the trespass action where he is also claiming treble damages, contending that the City had no right to enter upon the land for purposes of construction of the road or the construction of the pipe in the pond. He claims that money was not paid into the Court in either case timely, and therefore, the City did not have the right to enter upon the property and that the quick,take was not effective. In addition, he cited what he claims are procedural problems and as yet I do not have that decision from Judge Kluck. I have the impression that the Court's decision will be that he will grant the Petition, appoint the commissioners, and date the taking at the time that the commissioners' award comes out rather than September when the pipe was installed which would be necessary for a quick take type of of action. That would allow Mr. Kempe to continue his trespass action and of course he would have to provde that there was a trespass when that case comes up. I understand from Tom Colbert that there may be a need for a sanitary sewer line across the McCarthy property to the south of Wescott Road in the near future. Ap- parently, there have been meetings with Jim Curry concerning the development of land to the east of McCarthy's land, including a church site that apparently has been acquired at the southwest corner of Wescott Road and Lexington Avenue. That would mean that a third condemnation action would be necessary if develop- ment does get started to the east and the City does allow that development to occur. We have suggested several alternatives, including the developer escrow- ing sufficient money to assure the City that the easement can be acquired, hopefully without cost to the City. No specific proposal has been submitted however. M, Mr. Hedges April 19, 1982 Page Two In talking about all of these issues, Mr. Kempe has suggested the following settlement: 1. That the City would pay the $161,000 commissioners' award for the taking of Wescott Road. 2. That the McCarthys would drop their trespass action. 1 3. That McCarthys would drop any motions that they have brought claiming pro- cedural problems in the condemnation action. 4. That the City would then proceed with its hearing on the condemnation of the pond and get a decision on that. You will recall that at one time Mr. Kempe had duggested the payment of the $161,000 award and that the Council at that time turned it down. He is, of course, trying to use leverage now to force the City into settling but the complicating factor again is another potential condemnation action across the McCarthy land. We do have an appraisal for the pond of about $60,000 and one possibility would be to try to negotiate all three easements at one time. I don't expect, however,that McCarthys will reduce their demand below the $161,000 for Wescott Road and am not sure what wgsla happen to the others. skk cc: Thomas A. Colbert 47 yours, MINNESOTA LEGAL REGISTER MARCH 1962 Vol. 15, No. 3 Opinions of the Attorney General Hon WARREN SPANNAUS SEWERS: CITY: STORM SEWER EVEPROVEMENT TAX DISTRICT: Entire city may, In appropriate ch, cumstances, be established as single storm sewer Im- provement tax district pursuant to Minn. Stave 1111444.16 to 444.21 (1980); validity of district not dependent upon finding of direct or special benefit to property; mailed notice mast be given to affected property owners, as provided in Minn. Stat. 11§ 429.031 to 429.081 (1980), when storm sewer project is undertaken In district John P. Nelson March 10, 1982 Montevideo City Attorney 387b-10 P.O. Box 656 (Cr. Ref 59b-12) Montevideo, Minnnesota 56265 In your letter to Attorney General Warren Span. naus you submit substantially the following: FACTS Minn. Stat. 911444.16 to 444.21 (1980) relate to the authority of a municipality to establish within its Um - its a storm sewer improvement tax district. The City of Montevideo is considering establishing the entire city as such a district. There would probably be a series of storm sewer projects over a number of years covering different parts of the city but when all projects are completed, substantially all of the city would be bene• flted. It is contemplated that the taxes authorized under these statutes would be levied against all the property in the district for each project although only part of the district would be immediately affected by each project. QUESTION ONE May the entire city be established as a singlestorm sewer improvement tax district pursuant to sections 444.16 to 444.21, supra? OPINION Assuming the city will, as a whole, be generally benefited by the proposed system of storm sewers, as the statement of facts seem to suggest your question is answered in the affirmative. In essence, these statutes empower a municipality to establish, within its corporate limits, a storm sewer improvement tax district, to construct storm sewer sys. tems within the district and to recover the cost thereof by levying taxes on all taxable property within the district. Implicit in this statutory scheme is the notion that the area selected, for Inclusion in the district will bear some rational relationship to the storm sewer pro. jects to be undertaken therein. This requires that, at the very least, such area be benefited, in a general way, by these projects to an extent greater than the area, If any, excluded. See generally, L(fteau v. Metropolitan Sports Fac. Con m'n, 270 N.W.2d 749 (Minn. 1978); Steiner v. Sullivan, 74 Minn. 498, 77 N.W. 286 (1898); Maltby v. Tautges, 50 Minn. 248, 52 N.W. 868 (1892). Where it is determined that virtually the entire municipality will be so benefited, nothing in these sta- tutes precludes the Inclusion of the entire municipality within the boundaries of the district. It seems clear that a district, whose boundaries are coterminous with those Page 4 IN THIS ISSUE eabJect 00. Ne. Dated SEWERS: City: Storm Sewer Improvement Tax District 387b-10 3/10/82 PUBLIC LANDS: Peat Land: Land Exchange: De. partment of Natural Resources. 983M 3/31/82 of the municipality is "within" corporate limits as con- templated by section 444.17. QUESTION TWO If it were found that, because of the topography, some small sections in the district would not be directly benefited by being drained, would this invalidate the district? OPINION Your question is answered in the negative. In our view, the validity of a district established under these statutes is not dependent upon a finding that each par. cel of property therein will be directly or specially bene- fited by the contemplated projects. Analysis of direct or special benefit to a particular parcel of property is relevant only to situations in which a governmental unit proposes to levy special assessments based upon such benefits "without regard to cash valuations"; see Minn. Const. art. X, 91; Edward Kraemer & Sons, Inc, v. Vil- lage of Burnsville, 310 Minn. 32, 245 N.W.2d 445 (1976). In contrast, expenditures supported by ad valorem tax levies are judged in light of proper public purpose or general benefits to the community or taxing dis- trict. It seems clear that the provisions of sections 444.16 et seq. proceed from the notion that the storm sewer system will be general benefit to the established district and will be therefore supported by an ad valor- em tax levied within the district. Sections 444.18, subd. 1, and 444.20 specifically provide that the cost of such projects may be recovered by taxes levied on all taxable property within the district. Taxes do not Include special assessments. State v. Roselawn Cemetery Assn, 259 Minn. 479, 108 N.W.2d 305 (1961). e Thus, assuming that the area comprising the dis- trict has been reasonably determined as discussed in our answer to question one, supra, the lack of direct benefit to any particular parcel or parcels within the district should be of no legal consequence. QUESTION THREE Does the reference in section 444.18 subd. to the procedures in sections 429.031 to 429.081, which relate to special assessments for local improvements, mean that the taxes levied in the district are to be based upon special benefits and that mailed notice must be given to property owners, as provided in those sections, when a storm sewer project is undertaken within the district? OPINION The portion of your question dealing with special benefits is answered in the negative by reference to our answer to your second question, supra; the portion deal- " We do not here address the question of the authority to recover the cost of projects within a district by special assessments under Minn. Stat. ch. 429 in addition to the taxes authorized by Minn. Stat. §§ 444.16 at seq. Ing with mailed notice is answered in the affirmative. Section 444.18, subd. 1, empowers the city council to construct and Improve storm sewer systems and re- lated facilities within and for the district and subdivi- sion 2 declares that "[t]he procedures of sections 429.031 to 429.081 shall apply when the council of a municipality determines to make an improvement pursuant to this section." The procedures referred to include provisions for mailed notice to affected property owners of hear- ings to be held in connection with special assessments for local Improvements. We think these provisions for mailed notice of hearings apply when a storm sewer project Is under- taken within the district. The intent seems to be to make as certain as possible that affected property own- ers are notified of the hearing process and afforded an opportunity for Input particularily in view of the author. Ity conferred upon the council by section 444.19 to fin- ance the project by general obligation bonds issued without an election. WARREN SPANNAUS, Attorney General Michael R. Gallagher, Spec. Asst. Atty, Gen. PUBLIC LANDS: PEAT LAND: LAND EXCHANGE: DEPARTMENT OF NATURAL RESOURCES: Tax - forfeiture lands chiefly valuable for commercial peat and withdrawn from sale under Minn Stat. 8 92.461 (1980) are not exchangeable under the provisions of Minn. Stat $894.341 to 94.347 (1980). Powers of the Commissioner of Natural Resources. Previous Opinion of Attorney General, No. 983m6 February 9, 196% con. sidered. John R. Leitner March 31, 1982 Altkin County Attorney 983M Courthouse Annex (c.r. 628, 700d13) Aitkln, Minnesota 66431 In your letter to Attorney General Warren Span- naus you present substantially the following FACTS Aitkin County Is in the introductory stages of a Class "B" land exchange under the provisions of Minn. Stat. H 94.341 to 94.347 (1980). This tax -forfeited county land contains peat deposits and in some places the deposits are In excess of twenty feet deep. You cite Op. Atty. Gen. 983m, Feb. 9, 1968, which held that lands forfeited to the state for nonpayment of taxes are lands within the meaning of Minn. Stat. 8 92.461 and the county is prohibited from selling the tax -for- feited land if it is chiefly valuable because of peat deposits in commercial quantities. QUESTION If the county is prohibited from selling peat lands in commercial quantities under Op. Atty. Gen. 983m, Feb. 9, 1968, is the county prohibited from exchang- ing peat lands In commercial quantities under the pro. visions of Minn. Stat. 3894.341 to 94.347 (1980)? OPINION It is our opinion that tax -forfeited land, chiefly valuable because of peat deposits in commercial quan- tities is not exchangeable under the provisions of Minn. Stat. H 94.341 to 94.347: Minn. Stat. 3 92.461, supra, the law which governs the sale or prohibition of the sale of peat lands, reads: Subdivision 1. Peat lands withdrawn from sale. All lands now or hereafter owned by the state which MARCH 1982 are chiefly valuable by reason of deposits of peat in commercial quantities are hereby withdrawn from sale. Subd. 2. Examination by commissioner of natural resources. Before any state land is offered for sale the commissioner of natural resources shall cause such land to be examined to determine whether the land is chiefly valuable by reason of deposits of peat in commercial quantities. The opinion dated February 9, 1968, supra, held: it is the opinion of this office that lands forfeited to the state for nonpayment of taxes are considered within the meaning of Section 92.461, but that such lands may be sold if the Commissioner of Conserva. tion (Natural Resources) determines that the lands are not chiefly valuable by reason of deposits of peat in commercial quantities. Tax -forfeited lands under the jurisdiction of the county may be exchanged for private or federal lands in the same county and the exchange is defined as a Class B land exchange. Mltm. Stat. 994.342, subd. 2 reads as follows: All lands heretofore or hereafter acquired by the state through tax -forfeiture, held subject to a trust in favor of taxing districts, and under the control of county authorities for classification, appraisal, and sale shall be known as Class B land for the purposes of sections 94.341 to 94.347. (Emphasis added.) Additionally, Minn. Stat. 3 94.344, subd. 2, which provides one of the conditions under which Class B lands may be exchanged, reads: No Class B land which is not classified for sale, and no Class B land, however, classified, lying within any zone or district which Is restricted against any use .for which the land may be suitable shall be given in exchange for any privately owned land. (Em- phasis added.) The basis for this opinion logically follows the opinion dated February 9, 1968, supra. In the preced. ing quoted portions of the land exchange statutes, the former, defining Class B land as being tax -forfeited land subject to exchange and the latter as one of the conditions of the exchange, clearly disposes of the question of when Class B land may be exchanged. Tax -forfeited peat lands are not under the control of the county for "classification appraisal and sale" until the Commissioner of Natural Resources has de- termined that the tax -forfeited peat land is not chiefly valuable by reason of deposits of peat in commercial quantities. As recited in the opinion dated February 9, 1968, supra, this conclusion is also supported by the long- standing interpretation of the Commissioner of Nat. ural Resources. The Commissioner of Natural Resour- ces has been making a commercial quantity peat de- termination on tax -forfeited land for sale as required by Minn. Stat. 392.461, subd. 2 (1980), supra. We have also been informed that this requirement has been applied to tax -forfeited land exchanges in other coun- ties in the state. Thus, it is our opinion that the prohibition against sale of certain peat lands contained In Minn. Stat. §92.461 precludes the exchange of such lands under Minn. Stat. H 94.341 to 94.347, supra. WARREN SPANNAUS, Attorney General RICHARD C. HESSBURG, Spec. Asst. Atty. Gen. C.� (�2 PAUL H. MAUDE BRADLEY SMITH KEVIN W. EIDE DAVID 0. KELLER Eagan City Council 3795 Pilot Knob Road Eagan, NIDI 55122 HAIIGE, SMITH, EIDE & KELLER. P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS ' 9006 SIBLEY MEMORIAL HIGHWAY FAGAN (ST. PAUL). MINNESOTA 50122 April 29, 1982 ARBA C006 012 TBLBPNGNB 454.4224 Re: Impact of New Statutes Regarding Driving Under the Influence of Alcohol Dear Mayor and Councilmembers: One of the first legislative enactments of the 1982 session involved certain amendments to the driving under the influence statutes and the implied consent law, the latter specifying the terms under which a test for a blood alcohol concentration may be obtained and providing for the revocation of one's drivers license under certain conditions. Included in these amendments are certain provisions enacted to circumvent legal objections to these charges, however, we do not expect a significant difference in the number of cases tried or the success ratio due to these amendments. The amendments which do appear to be significant in the prosecution of these offenses are as follows: 1. The redefinition of the second DWI offense within five years, or a third DWI offense within ten years, as a gross misdemeanor with a maximum penalty of $1,000 and/or one year in jail. It is important that a plea negotiation of the first offense to a careless driving or a reckless driving charge, quite common in the past, will not invoke the gross misdemeanor penalties upon the occurrence of a second offense within the time limit specified above. 2. The driver, upon the refusal of a blood alcohol test or the blood alcohol test which exceeds legal limits (.108 blood alcohol content) will receive a seven day temporary license after which he shall suffer the revocation of his license until such time as the period of revocation expires or the revocation is overturned by a court. The individual may entitled to a limited work license during this period of revocation. In the past, the revocation was postponer] until such time as the driver waived a hearing on the revocation, or the Court held the revocation to be proper. This will result in the early removal of drinking drivers from the streets. 3. The City will be permitted to submit to the State test results between the .078 blood alcohol and .108 blood alcohol concentration and, 'in that event SO :.� ^ "�/' .., i+.'4 .?�"'%yC. 9k� �ifi5^� i r � � A 4u.� 31-•� City Council Page Two the criminal action may or may not be pursued. However, upon the receipt of two such test results, the State Department of Transportation may require the driver to submit to alcohol dependency treatment or revoke the individual's license for up to 90 days. 4. There is no longer a requirement that a blood test be offered in every case. As a result, the Police Department may be able to use the breathalyzer in more instances with a time savings to the police officers involved. Subsequent to the passage of this new legislation, I have met with the staff of the Eagan Police Department and discussed changes in police procedure which will have to be instituted. Due to the public concern expressed in this area and due to the clear legislative intent that a second driving under the influence charge should be considered the more severe gross misdemeanor, again a gross misdemeanor may not be charged if the first offense was plea nego- tiated to a careless or reckless driving charge, our office proposes to adopt the policy whereby all DWI charges which appear to have a good chance of success will not be plea negotiated. In the past, many of the first time DWI offenders were allowed to plea to a lesser charge even if there was a high chance of success in proving up the DWI charge. A primary reason of this was to dispose of as many cases as possible, as early in the process as possible, with a resulting cost savings to the City. In addition, with the negotiated plea, the defendants received a longer term of license revocation and were subjected to the same fine by most Judges and the same impact on insurance rates by most insurance carriers. The result of our proposed change of policy to deny plea negotiations will no doubt be the substantial increase in the number of cases set for jury trial and at least some increase in the number of cases actually tried. It has been estimated by one of the local prosecutors that bringing a DWI charge through the criminal process including full trial will cost a municipality as much as $1,200 in police officer and attorney time. In the event the result is a guilty verdict, the defendant can be fined up to $500, however, the actual fine imposed is usually somewhat less and this fine is then split between the County and the municipality. A second increase in cost to the municipality is anticipated through the prosecution of second offenses as gross misdemeanors. Our office presently attends arraignments, pre -trials and court trials, and jury trials and on these various dates many cases are scheduled together. Therefore, the cost of processing any individual case is reduced substantially. The prosecuting attorneys within Dakota County, including our office, have attempted to work out a system with the Dakota County Judges where it will not be necessary for the prosecutor to appear at the first appearance for the gross misdemeanors. However, the second appearance (omnibus hearing) and trials will be set at times different than the normal appearances made by our office. These appear- ances can only be made in Hastings. With very little upon which to base an opinion, I would estimate that the City will prosecute 20-30 of such gross misdemeanor DWI charges per year and these additional appearances will result in additional cost to the City. S1 ,City Council Page Three Finally, under existing statutes or practice, the fines obtained through the prosecution of a gross misdemeanor offense are not split between the City and the County but rather paid solely to the County. While a change in this policy may seem appropriate with regards to gross misdemeanors prosecuted by the City, no one in the Court system, County Attorney's office, or among the City prosecutors are presently aware of whether .this procedure has been altered or. may be altered without specific legislation. With the exception of the driving under the influence charges, prosecution of gross misdemeanors will remain at the County level in Dakota County. In Hennepin and Ramsey County, municipalities will begin to prosecute all gross misdemeanors as of January 1, 1983. There has been much speculation that these changes foreshadow the prosecution of gross misdemeanors at the municipal level on a state wide basis. Subject bo further discussion with the City or Police Department, our office does intend, with regards to offenses occurring after the effective date of the new legislation, April 1, 1982, to follow the new policies of requiring a straight plea to the driving under the influence charge on a first time offense and the prosecution of a second time offense as a gross misdemeanor. Thank you for your attention bo this matter. skk Sincerely, Kevin W. Eide Prosecuting Attorney - City of Eagan S -Z EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS FIRST NATIONAL-SOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS. MINNESOTA 55402 335-8281 (AREA CODE 812) File: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body members May 1, 1982 Newsletter The bond market struggles to come back, but with even a modest improvement the pent up demand for long term funds surfaces and interest rates head up again. There is no doubt that our concern of ages ago was justified: Overuse of tax exempt financing has diluted the interest saving inherent in tax exemption. LHE WALL STREET JOURNAL Monday, April 12, 1982 ++++++++++ Minnesota general obligation municipal bond interest rate limits are now one percent above the Bond Buyer Index of 20, 20 year bonds, rounded to the next highest full percent, as detennined by the Commissioner of Finance on the 20th of each preceding month. G.O. bonds payable from special assess- ments [sic], as well as non-G.O. bonds, have a one percent higher limit (15% for April). New ideas keep entering the tax exempt bond market such as "puts", letters of credit, insurance, stepped coupon bonds, zero coupon bonds, mandatory call tern bonds, each of which is said to be a "sure" way to reduce interest rates. Some have promise, but, as with some old "new" ideas, such as deep discount bids there are apt to be trade-offs. We tend to stay with proven ways until a clear advantage is shown from novel approaches. + + + + + + + + + + Eden Prairie, Minnesota, completed its $18 million tax increment financing. Unique not only because of its size (for tax increment projects in this area, at least) and because it was insured (first AMBAC insured G.O. bonds in Minnesota), the financing is particularly noteworthy because of its pur- pose. The City will now complete an extensive complex of Federal, Interstate, State, County and City highway interchanges for which funds had dried up which will greatly improve traffic flow, public safety, the prosperity of the City's major commercial center and the City's own economic base. + + + + + + + + + + Ehlers and Associates will have an interesting seminar on May 5 on coping with city revenue problems. Invitations were limited to twelve counties in and around the metro area but some openings may remain when this newsletter is received which will be available on a first come first served basis. The cost is $15 to cover lunch and materials. This meeting will be repeated if there is a demand. Very truly yours, EHLERS Ehlers S3 NORTH DAKOTA , Grand Forks 3/15/82 Refunding Improvement Bonds 3,650M 1984-97 10.78% 13.44% Aa SOUTH DAKOTA So. Oak. Housing (I Development Authority 3/16/82 SUMMARY OF AREA BOND SALES 13,595M 1984-95 13.57% 13.44% A-1 Net Dow Municipality Date Type of Bonds Amount Maturity Rate Jones Rating MINNESOTA Reclamation Bonds 3,150M 1984-1994 10.92% Buffalo 2/22/82 G.O. Municipal Building Bonds 895M 1984-96 11.04E 13.66% A Karlstad 2/23/82 G.O. Short -Run Nursing Revenue 500M 1984 9.53% 13.66% NR Bonds Marshalltown 2/24/82 Medical Clinic Revenue Bonds 6,660M Mpls.-St. Paul Metro 2/16/82 G.0 Tax Anticipation Aa -I Waverly 3/22/82 Electric Revenue Bonds 7,100M Area (Metro Council) 12.93% Certificates of Indebt. 530M 1983 8.04% 13.81% MIG -1 Ostego 2/22/82 G.O. Improvement Bonds 255M 1983-92 11.05% 13.66% NR Eden Prairie 3/2/82 G.O. Tax Increment Bonds 18,000M 1985-2000 11.99% 12.41% A Eden Prairie 3/2/82 G.O. Improvement Bonds 4,300M 1984-95 11.38% 12.41% A Chippewa County 3/3/82 G.O. Drainage Bonds 410M 1983-97 10.78E 12.41% A South Washington 3/9/82 G.O. Aid Anticipation County ISD No. 833 Certificates of Indebt. 2,830M 1982 8.99% 13.23 NR Winthrop 3/16/82 G.O. Water and Sewer Bonds 300M 1984-88 10.06% 13.44% Baa -1 Albany 3/15/82 G.O. Improvement Bonds 67M 1983-92 11.53% 13.44% NR Dilworth 3/24/82 G.O. Building Bonds 225M 1984-92 10.97E 13.71% Baa Elk River ISO No. 728 3/30/82 G.O. Anticipation Certificates of Indebt. 460M 1982 9.01% 13.76% NR Elk River ISO No. 728 3/30/82 G.O. Tax Anticipation Certificates of Indebt. 1,100M 1983 9.20% 13.76% NR Nashwauk 3/30/82 G.O. Temporary Construction Bonds 625M 1983 9.12% 13.76% A Ramsey 3/30/82 G.O. Metropolitan Watershed District Improvement Bonds 5,290M 1984-93 10.50% 13.76% Aaa Washington County 3/30/82 G.O. Metropolitan Watershed District Improvement Bonds 1,490M 1984-93 10.71% 13.76% A Mahnomen 4/5/82 G.0 Grant Anticipation Bonds 170M 1984 9.29% 13.81% Baa St. Paul ISD No. 625 4/6/82 G.O. Tax Anticipation Certificates of Indebt. 10,050M 1982 8.94% 13.81% MIG -1 Willmar 4/7/82 Municipal Utilities Revenue Bonds 2,700M 1984-96 11.65% 13.81% A Willmar 4/7/82 G.O. Improvement Bonds 1,445M 1984-98 11.26% 13.81% A Willmar 4/7/82 G.O. Tax Increment Bonds 850M 1985-95 11.40% 13.81% A WISCONSIN La Crosse 1/28/82 Hospital Facilities Revenue Bds. (St. Francis Hospital) 4,000M 1983-91 12.59% 13.96% A Grafton 3/2/82 Promissory Un. Tax Notes 1,600M 1983-91 9.00% 12.41% A Clark County 3/3/82 G.O. Health Care Facility Revenue Bonds 8.650M 1983-91 11.62% 12.41% AA Dousman 3/3/82 Special Assessment "B" Bonds 240M 1983-91 12.62% 13.41% NR West Allis 3/16/82 Promissory Unlimited Tax Notes 13,530M 1983-92 12.08% 13.44% Al Rice Lake 3/23/82 Sewerage System Mortgage 2,000M 1984-93 12.13% 13.71% NR Bonds Holmen 3/30/82 G.O. Sewage Treatment Bonds 800M 1985-94 12.50% 13.76% Baa -1 Kenosha 4/5/82 Promissory Unlimited Tax Notes 4,240M 1983-91 11.78% 13.83 A-1 La Crosse 4/6/82 Corporate Purpose Bonds 3,530M 1984-94 11.14% 13.81% Aa Wauwatosa 4/6/82 Corporate Purpose Bonds 2,485M Promissory Notes 200M 1983-94 10.65% 13.81E Aaa Madison 4/6/82 Promissory Notes 5,400M 1983-92 10.27% 13.81% Aaa NORTH DAKOTA , Grand Forks 3/15/82 Refunding Improvement Bonds 3,650M 1984-97 10.78% 13.44% Aa SOUTH DAKOTA So. Oak. Housing (I Development Authority 3/16/82 Multi -Family Revenue Bonds 13,595M 1984-95 13.57% 13.44% A-1 2013 8 2022 Sioux Falls 3/30/82 G.O. Coupon -Water Reclamation Bonds 3,150M 1984-1994 10.92% 13.76% Aa -1 Belle Fouche 4/5/82 G.O. Water Bonds 595M 1988-94 11.91% 13.81% 3aa-1 IOWA Marshalltown 2/24/82 Medical Clinic Revenue Bonds 6,660M 1983-93 10.06% 13.66E Aa -I Waverly 3/22/82 Electric Revenue Bonds 7,100M 1983-97 12.93% 13.71% A Sac City 3/15/82 Sewer Improvement Bonds 375M 1983-94 10.48% 13.44% NR on r AGENDA EAGAN CITY COUNCIL REGULAR MEETING EAGAN, MINNESOTA CITY HALL MAY 4, 1982 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS e•� A. Fire Department 'OrC. Park Department e� Ak B. Police Department Ar D. Public Works Department e• IV. 6:55 - CONSENT ITEMS (One Motion Approves All Items) 6 A. Donald Henk for a Temporary Non -Intoxicating Malt Liquor License Q for a Softball Tournament at Univac Field August 17 & 18, 1982 Cr B. May Conditional Use Permit Renewals t 1p C. Resignation of Steve Johnson, Advisory Park & Recreation Committee Q Member D. Grading Permit for Mary Eggum/Borchert Ingersoll Property 4 E. Sign Permit for. Developers Construction/Hilltop Condominiums Q q F. Petition for Public Improvements & Order Feasibility Report for t Cinnamon Ridge 3rd Addition 9 G. Petition for. Temporary Storm Sewer/Parkcliff 2nd Addition 4 9 H. Grading Permit for Hilltop Condominiums V. 7:00 - PUBLIC HEARINGS Q.10 A. Vacation of Utility Easement over Block 13, Ridgecliffe Fifth Addition 10 B. Vacation of Drainage & Utility Easement, Barringer First Addition Q 10C. Vacation of Drainage & Utility Easement, Lot 3, Block 4, E.C.I.R.#3 Q'. VI. OLD BUSINESS A. Steven J. Flanagan for Preliminary Plat Approval of Cedar Cliff Commercial Addition, Located in the SWk of the SE`y of Section 30, (east of.Nicols Road & north of Cliff Road) j%B. Countryside Builders, Inc., Jerry Lagro, for a Preliminary Plat, Oakwood Heights, Consisting of Approximately 9.59 Acres for Townhouse Development, Located in Part of the N' of the SE'y of Section 26 (east of Wedgewood Drive in the Wilderness Run Road Area) e )� C. Selection of Architect/Proposed City Hall Expansion Eagan City Council Agenda May 4, 1982 Page Two VII. NEW BUSINESS p,�A A. Transfer of On -Sale 3.2 Beer & Wine License from Amore Pizza to Carbone's Pizza, Located at 1665 Yankee Doodle Road a� B. Larry Miller (Nicols Landing) for a Variance to Ordinance #73 Q (Amusement Devices) to Extend Hours of Operation Until 12:00 Midnight C. Ernest H. Eisenberg for Amusement Device License for Two Amusement Devices at the Mediterranean Cruise Restaurant, 3945 Sibley Memorial Highway 2� D. Leonard T. Dennis for Amusement Device License for Two Amusement e Devices at Applebaum's Food Store in the Cedarvale Shopping Center X1 E. Special Permit for. Crushing Plant/Mary Eggum - 1-494 MnDOT Project Q 50 F. Final Plat for Norvin Oaks t 3y C. Final Plat for Bicentennial 8th Addition Q �c H. Roger Erickson -& Ed Leier, DBA Jatco, Inc., for. a Conditional Use Q Permit to Allow a Fast Food Restaurant in a Neighborhood Business District located at Silver Bell Center. 4 VIII. ADDITIONAL ITEMS A. Contract 82-1 (Overhill Farm First Addition), Receive Bids/ Award Contract OB. Joint Cable Commission Update IX. VISITORS TO BE HEARD (For those persons not on the agenda) X. ADJOURNMENT MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: .CITY ADMINISTRATOR HEDGES DATE: APRIL 30, 1982 SUBJECT: AGENDA INFORMATION After approval of the April 20, 1982 regular City Council minutes and the May 4, 1982 City Council agenda, the following items are in order for consideration: DEPARTMENT HEAD'RUSiNESS! FIRE DEPARTMENT A. Fire Department -- Enclosed for your information is a copy of the Eagan Volunteer Fire Department's monthly report for the month of February, found on page a Also enclosed for your information is a copy of minutes _61--t-officers' meeting, found on page �_. There is no action required for the Fire Department business. i FOR.L0Nj'U OF Cebruary, 1982 • MAN HOURS Fire Calls " 1130 Rescue Calls 109 7. Training 350 Truck & Equipment Maintenance 137 .Station Maintenance 126 Fire Prevention 40 ''. -Administrative'" 369 TOTAL 22,161 MANP(WER STATION Ill :+Available Days 14 - _ Available Nights 15 :=::Available Rotating 7 TOTAL 36 Medical„ 14.. . . Indust=ial 1' NUMBER -..Miscellaneous ' -. 'Structure 10 d .: Grass Y 0..... �s ^ SVehicle' ..... . 34. +' _Other < 6 24 STATION 02 2 17 4. 23 $LOSS $24,500.00 0.00 5,575.00 - 0.00 $30,075.00 STATION #3 3 13 2 .. 18 .....- r _ .RESCUE CALL§- NUMBER •;Vehicle Accident 0 Medical„ 14.. . . Indust=ial 1' -..Miscellaneous ' 0 TOTAL 15 LAR.,`DOLLAR LOSSES LOCATION OCCUPANCY LOSS 2-12-82 26 &-W Service Rd. Car $ 4,500.00 2-19-82 2215 James Ct. Garage 23,000.00 1929 Tourquoise Car 1,000.00 2-28-82 _ "1375 High Site Apartment 1,500.00 _ w a N 21 OFFICERS MEETING April 7, 1982 Attendees: Childers, Schendeldecker, Klang, J. Thomas, Bahrke, Flood Burlingame, Kugel, M. Carll, J. Adam, Giles, Reid. New Applications: 1. Janet Linkert, 4255 Pilot Knob Road, available days for station U3, accepted as a probationary member.' 2. Don Scbaaffhausen, 1325 Quarry Lane, available days station $2. Accepted a -• p probationary member.., , 7 Old Business., �. 1. Pay committee -'`no report. 2 M Adan/Lindblade committee, -to stud':,new firefvghter;.categories - no report `"' New. Business r ,� , �. J x <n.G9•t T-. a -F.,l dk b k I ll lI. buy a s hose,, :.5",; 100' rengths ` ?y Ma s s 2 lst' criim of ,injury must_be,,fille'd out, within one ilaq of !Ehe 4injury !(See attached letter from VAIi y View Ins ) „ ,6 � - a 3 c➢iscussion.on City 'plan to`;expand-police building ao Lncludes= _ nom.* s additional administrative 'and,:fire- departmel to fac litfes Planning=committee also'.repopted their recommendations: for future station sites (sje4,,att�ched) ,, Will forward the recommendations, toahe Cit Council> and the a ➢„ Planning Commission. y 4 Discussion on iiow toy imt rove medical cail response aC station t.2 Ideas, �...� '• r s t ».�-+ s 7 �K were ... y � -a.b r nc a � ry qGx s m xe medical`calls'cal I63 as fire calls Back;'up,' station 2Y6bji`'other_ two Naq,Carll i.11':research a nture'of responseistatist'ics.; biscussion-cn getting Fire,:Department involved ini'Reward for Crime"„pro`gram.-arson)F. r 6 'April ;'29th special'+trainigg.at Rosemount' z =rs 7. Need: standby.ApriL 24th, Apple Valley Dance 0.1 8Meszaros and Close resigned. s , p. 9 Al ive Horrockg;returned to act. ... 4 7-82 . . EXECUTIVE BOARD "1:!'At-no-time will parade participants drink alcohol on the fire truck during the parade. The driver will abstain from drinking prior to, during, and after parade, until the truck is returned to the station. J. W. Flood F a Agenda Information Memo April 30, 1982 Page Two POLICE DEPARTMENT B. Police Department -- There are no items to be considered at this time for the Police Deoartmert. PARK DEPARTMENT C. Park Department -- There are no items to be considered for the Park Department at this time. PUBLIC WORKS DEPARTMENT D. Public Works Department -- Request of Ann Pietsch -- Mr. & Mrs. Pietsch were granted a deferment by the Gity or Eagan for certain assessments against their property located on Dodd Road. The property is recorded in the names of both Mr. and Mrs. Pietsch and therefore the agreement of record between the City of Eagan and the Pietsch's required both Mr. and Mrs. Pietch's signatures. Mrs. Pietsch has requested special consideration by the City to waive the signature of her husband which will allow her to proceed with the assessment deferment. If the assessment deferment agree- ment is not exercised, the assessments will be levied with the property taxes this year. The City staff, including both the City Administrator and City Attorney, has explained to Mrs. Pietsch that the City staff cannot waive this right of signature. Due to their situation, there are too many uncertainties providing risk to the City. Mrs. Pietsch was advised that she consult legal counsel in an effort to work out this problem on a personal level. Mrs. Pietsch has asked to appear before the City Council and there- fore was scheduled as a part of Department Head Business. Her letter was difficult to reproduce and therefore a copy has been typed and is enclosed on page ACTION TO BE CONSIDERED ON THE MATTER: To Mr. Pietsch's signature on the deferment City of Eagan and Mr. & Mrs. Pietsch. C approve or deny waiving agreement between the :�.-yyc��:c �//„t. �il�,�'✓�G,cl.a� ..1/ctJ'r1�F:;c(� �__ t�/' ._.�G-rL- � :•�-w �'c*-�c-�� - .. i � exp ; ��u � •�.�' � �� y� - - C47 14t ------�- te, Zex� x!e G04114 tie "To the Honorable Mayor, c, __-... _......_._ . "My name is Ann Pietsch. I live at 4275 Dodd Road, Eagan. My hus- band and I are separated. I've got a deferment for the acessments but my husband will not sign. I make the payments. Therefore just for this year until I know more what will happen with this house, I would very much like for you to consider just one signature on deferment papers. I can not afford $100.00 per month to be attached to this payment. Also with the past record of payment on this mortgage the mortgage company will not go along with late payments. I have struggled all my life and I don't need a for - closure of this house because of acessments which we did not want here. We had to be one of the mis-fortunate people who have to pay interest yet on this money due for acessments which we can not come up with -- which is over $9,000.00. Is a lot of money. I contacted city attorney for help they said I should write the Council. I want to appear before the Council if necessary. I am very concerned about this matter. I need a home to live in. I can not afford to loose it because of acessments clue. "Mrs. Ann Pietsch 4275 Dodd Road .S Eagan, Minn." Agenda Information Memo April 30, 1982 Page Three There are a total of eight (8) items on the agenda referred to as Consent Items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. - DONALD HENK - TEMPORARY BEER LICENSE A. Donald Henk for a Temporary Non -Intoxicating Malt Liquor License for a Softball Tournament at Univac Field August 17 & 18, 1982 -- Mr. Donald Henk, who resides at 1663 Bayard, St. Paul, Minnesota, is requesting application for a non -intoxicating malt liquor license for a softball tournament at the Univac Field to be held August 17 and 18, 1982. The firm's name sponsoring the tournament is Red Wagon Liquor Softball Association. This application has been checked out by our Assistant Police Chief and found to be in order. • ACTION TO BE CONSIDERED ON THE MATTER: To approve the application for a non -intoxicating temporary malt liquor license. MAY CONDITIONAL USE PERMIT RENEWALS B. May Conditional Use Permit Renewals -- There are two (2) condi- tional use permits which are in order for consideration. The first conditional use permit is for a pet shop in Cedarvale under the name Cedarvale Fish & Pet and the second conditional use permit is for Rosewood Corporation for a temporary trailer sales office. Both conditional use permits are being further reviewed by the City staff and support information will be provided with the Admini- strative Agenda on Monday regarding both of these conditional use permits. ACTION TO BE CONSIDERED ON THE MATTER: To approve the annual re- newal of the two (2) aforementioned conditional use permits. APRC RESIGNATION OF STEVE JOHNSON C. Resignation of Steve Johnson, Advisory Park & Recreation Com- mittee Member -- Mr. Steve Johnson, a member of the Advisory Park & Recreation Committee is resigning his appointment to that commit- tee during the month of April, 1982. Mr. Johnson's appointment does expire at the end of December, 1982. The normal procedure is to accept the resignation, ask that the City Administrator con- tact persons who previously applied for an APRC appointment and also advertise in the local newspapers the opening for an appoint- ment to the unexpired term of Mr. Steve Johnson. A copy of Mr. Johnson's letter of resignation is enclosed on page i ACTION TO BE CONSIDERED ON THE MATTER: To accept the resignation and direct the City Administrator to proceed with advertisement for a new appointment. 6 4296 Amber give 'a an, tiinnesota 55122 April 22, 1962 Mr. Ken 7raa, Director Sagan Parks and lecreation 3701 Coachman Road agan, Minnesota55122 Dear Ken : It is with regret that I resign my position Frith the Park and lecreation Advisory Committee, as I mentioned when I caila-i your office '.,3sn-sday, April 21. It is a decision that I have struggled with for some time. I •rill miss the commitment and concern that I shared with you and the members of the Comnit;.ee. In our conversation I also mention_= that :ay career search is still my big concern, and I have curtailed other activitiesas :sell until that issue is resolved. • I :could like to wish you, Ken and she others, all the very best and hope to see you at some of the ;arks, siioopina, or ,i2=•_ver, ihancjou for the opportunity to be involved. Respectfully yours, .;tev-- Johnson 7 Agenda Information Memo April 30, 1982 Page Four GRADING PERMIT - MARV EGGUM D. Grading Permit for Mary Eggum/Borchert Ingersoll Property - The City has received an application for a grading permit and tem- porary gravel extraction permit for the southern portion of the Borchert Ingersoll property in Section 12. They propose to have Buesing Brothers Trucking Co. extract approximately 200,000-300,000 cubic yards of gravel from the site. The material will be crushed and graded on the site, stockpiled and then hauled for construction of I-494. The hours of operation would be from 7:00 a.m. to 7 p.m. The operation will not be continuous during, the two construc- tion seasons 1982 and 1983. Ingress and egress to the site will be via the access road from Hwy. 149 or Borchert Lane. A detailed grading plan has been submitted to the City showing the before and after contours, erosion control and the restoration of the top soil after the removal of the gravel. The land will be restored for crop production upon completion of the gravel extraction. All required insurance certificates, performance bonds and fees have been submitted, reviewed and approved by both the Director of Public Works and Consulting Engineer. ACTION TO BE CONSIDERED ON THE MATTER: To approve the grading permit for the Borchert Ingersoll property as submitted. SIGN PERMIT - HILLTOP CONDOMINIUMS E. Sign Permit for Developers Construction/Hilltop Condominiums -- An application was presented to the City for a sign permit by Developers Construction advertising the Hilltop Condominium project. The sign permit is for a temporary sales sign to be located adjacent to the sales trailer which was approved by the City Council at the last regular City Council meeting. All the requirements set forth in the sign ordinance have been met according to the Chief Building Inspector. The height of the sign above grade will be approximately eleven feet while the size of the sign is 64 square feet on both sides. The sign will advertise "Hilltop Condominiums for Sale". The City was not aware at the time that Developers Construction was requesting a sign for the James Refrigeration Property, and had this fact been known, the sign permit would have been included with the sales trailer and/or development agreement approving the preliminary plat for Hilltop Condominiums. ACTION TO BE CONSIDERED ON THE MATTER: To approve a temporary sign permit advertising the sale of the Hilltop Condominiums. E Agenda Information Memo April 30, 1982 Page Five CINNAMON RIDGE 3RD ADDITION PETITION FOR IMPROVEMENTS F. Petition for Public Improvements/Order Feasibility Report for Cinnamon Ridge 3rd Addition -- At the last regular meeting of the City Council, a preliminary plat for Cinnamon Ridge 3rd Addition was approved. A letter has been received from Mr. Steve Ryan of Zachman Homes requesting that a feasibility report be prepared for the various public improvements to the Cinnamon Ridge 3rd Addi- tion. The Director of Public Works will assign a project number to this public improvement upon authorization of the City Council. ACTION TO BE CONSIDERED ON THE MATTER: To accept the petition for public improvement of the Cinnamon Ridge 3rd Addition and order a feasibility report to be prepared by the consulting engineering firm. PETITION FOR STORM SEWER PARK CLIFF 2nd ADDITION G. Petition for Temporary Storm Sewer/Park Cliff 2nd Addition -- The developer of Park Cliff 2nd Addition, Mr. Dick Winkler, is requesting that the City repair an erosion problem and eliminate a safety hazard by installing a temporary storm sewer in Park Cliff 2nd Addition and further that the cost will be assessed to the remaining property owned by the developer. The extimated cost is approximately $10,000. The City can negotiate a change order to an existing construction contract to install the temporary storm sewer in the proposed Park Cliff 2nd Addition. ACTION TO BE CONSIDERED ON THE MATTER: To authorize the Director of Public Works to negotiate a change order to an existing contract and assess the cost to the remaining lots owned by the developer, Mr. Richard Winkler. GRADING PERMIT - HILLTOP CONDOMINIUMS H. Grading Permit for Hilltop Condominiums -- The City has received an application for a grading permit from Loren Spande, Developers Construction, for the Hilltop Condominium project. The grading plan with erosion control plan and all other requirements have been submitted, reviewed and approved by City staff. All required insurance coverages, performance bonds and fees have been submitted and are also found to be acceptable. ACTION TO BE CONSIDERED ON THE MATTER: To approve the grading permit for Hilltop Condominiums as submitted by Developers Construc- tion. E Agenda Information Memo April 30, 1982 Page Six . P.UBL'I'G,HEAR SNGS VACATION OF UTILITY EASEMENT - RIDGECLIFFE A. Vacation of Utility Easement over Block 13, Ridgecliffe Fifth Addition -- The U. S. Homes Corporation has requested the vacation of easements for Lots 1 through 4, Block 13, Ridgecliffe Fifth Addition, due to the construction of townhomes of a larger size than intended on the original plat. As a result, the townhouse of four (4) lots infringes six inches onto a drainage easement. It is proposed that one foot of the easement be vacated with is located adjacent to and under the homes and that a foot be added on the opposite side of the easement. The new easement for three (3) of the four lots has been secured from U. S. Homes. The City does expect to have a letter indicating a waiver regarding this vacation hearing and the additional one foot easement for -the fourth lot which is now individually owned. ACTION TO BE CONSIDERED ON THE MATTER: To close the hearing and either approve or deny vacation of easements for Lots 1 through 4, Block 13, Ridgecliffe Fifth Addition. VACATION OF DRAINAGE EASEMENT- BARRINGER FIRST ADDITION B. Vacation of Drainage & Utility Easement, Barringer First Addi- tion -- The Barringer Addition, which is a very small addition, was orginally platted with bordering drainage and utility easements. That plat has now become a part of a much larger plat called Wind - tree 2nd Addition. The new plat does not require these easements and has its own system of easements. Since the new plat does not contain descriptions for these easements, it has been requested that the easement be vacated to allow proper recording of the Wind - tree 2nd Addition plat. ACTION TO BE CONSIDERED ON THE MATTER: To close the hearing and approve or deny the vacation of easements for the Barringer Addition. VACATION OF DRAINAGE & UTILITY EASEMENT - EAGANDALE IND. PARK C. Vacation of Drainage & Utility Easement, Lot 3, Block 4, Eagan - dale Center Industrial Park #3 -- It has been proposed that an easement be vacated across Lot 3, Block 4, Eagandale Center Indus- trial Park #3 to allow construction upon the site which would in- fringe upon a present easement. The petitioner has agreed to pro- vide the City with additional and more desirable ponding easements. ACTION TO BE CONSIDERED ON THE MATTER: To close the public hearing and approve or deny the vacation of easements for Lot 3, Block 4, E.C.I.R. #3. /0 Agenda Information Memo April 30, 1982 Page Seven PRELIMINARY PLAT FOR CEDAR CLIFF COMMERCIAL ADDITION A. Steven J. Flanagan for Preliminary Plat Approval of Cedar Cliff Commercial Addition -- As the City Council recalls, at the April 6, 1982 meeting, a revised preliminary plat for Cedar Cliff Com- mercial Addition was reviewed. The City Council had, previous to that meeting, directed the City staff to review the platting of the commercial area with the Dakota County Plat Commission in regard to providing access via a cul de sac off Cliff Road which is shown as Steven Court and direct access onto Nicols Road. The Dakota County Plat Commission had agreed with this change to the plat and further the applicant did respond to the requirement con- cerns of the City and therefore presented a revised preliminary plat to the City Council accepting the changes that were proposed by the Council. At the April 6, 1982 meeting, Mr. Flanagan indi- cated that he may wish to proceed with a replat of the area due to the fact that he was involved in negotiations with a large cor- poration who possibly desired acquisition of the entire parcel considered for platting. Due to the uncertainty of negotiations, the developer requested a thirty (30) day continuance of the pre- liminary plat. Mr. Flanagan is requesting that the City proceed with the preliminary plat that was originally considered with one exception. He is requesting that the four lots fronting on Nicols Road be platted as Lots 1 through 4, Block 1, and that the remainder of the property be platted as an outlot at this time. The City Administrator did provide considerable information on this preli- minary plat with the April 6, 1982 packet, copies of which are enclosed on pages through /S Also enclosed on pages /6 through are copies oft1Te Cesar Cliff Commercial Addi- tion and propos-eY grading plan for your information. The reasons for platting an outlot are in order that a grading plan can be worked out for the entire area prior to creating any additional lots. The four lots being platted at this time are of adequate grades or require minimum grading. The outlot will require a sub- stantial amount of fill in order to develop the lots at the required grade. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the preliminary plat in accordance with the information and conditions reviewed by the City Council at the 4-6-82 meeting and found again in the support information as described above. Agenda Information Memo April 2, 1982 Page Sixteen PRELIMINARY PLAT FOR CEDAR CLIFF COMMERCIAL ADDITION D. Seven J. Flanagan for Preliminary Plat Approval of Cedar Cliff Commercial Addition -- The revised preliminary plat for Cedar Cliff Commercial Addition has been received and is in order for considera- tion by the City Council. The City Council had directed the City staff and County to look at the platting of the commercial area in regard to providing access by a cul de sac off Cliff Road which is shown as Steven Court and direct access onto Nicols Road. The applicant has responded to the requirement and concerns of the City and is proposing the revised plat for City Council considera- tion. The proposed plat will contain fourteen commercial lots (ten of the fourteen lots containing at least one acre in size). There are four commercial lots which are approximately one-half acre in size. Lots 1-4, Block 1, will have direct access to Nicols Road. And providing four lots along Nicols Road, there can still be two accesses to the property in cross easements between the lots to minimize the amount of direct access. The cross easements will be provided as a part of the final platting. Lots 5-10 will have access from Stevens Court and no direct access will be allowed off of Scott Trail to Lots 5-10, Block 1. Lots 1-4, Block 2, will still have access from Scott Trail. It is the City staff's under- standing that Lots 1-4 will be the last phase to be constructed., within the development. This development will be phased; the first phase will be Lots 1-4, Block 1; second phase will be Lots 5-10, Block 1; and the third phase will be Lots 1-4, Block 2. It is also the City staff's understanding that the reason for phasing is the approximate 135,000 cubic feet of fill required for the development proposal, and to obtain this much fill at one time would be nearly impossible. The Public Works Director will address the grading and drainage in detail in regard to the fill required in the phasing. Ordinance 52 does not require any lot size for commercial lots in an LB. The only requirements in regard to the lots are setbacks from property lines and roadways and lot coverage for the building. The one-half acre to acre lots are adequately sized to provide lots for office buildings. In reviewing the pre- liminary plat, the conditions that were placed for the preliminary plat at the October 21, 1981 planning report have been met in regard to access off Scott Trail and other considerations. The only addi- tional requirements for the Cedar Cliff Commercial Addition at this time are: A detailed landscape plan shall be approved by the City for Lots 1, 7, 8 of Block 1 and Lot 1, Block 2, because this area will abut the residents in Cedar Cliff Addition. This landscaping is the main buffering area between the office and the residential lots. An adequate landscape bond shall also be provided and not released until one year after the landscaping has been completed. ►a Agenda Information Memo April 2, 1982 Page Seventeen 2. A landscape plan shall be required with all other lots at the time development occurs. An adequate landscapte bond shall also be required for each lot and not released until one year after the landscaoine has been completed. The plat should be subject to Dakota County Plat Commission's review and comments. 4. There should be a restrictive access on the west side of Scott Trail so that access to Lots 5-10 shall be by Steven Court vs. Scott -Trail. 5. All buildings shall require the same architectural and building materials on all sides of the building when pro- posed in order that the building will not have an unat- tractive side. 6. All trash receptacles shall be incorporated in the side of the building or attached to the building and maintained with the same architectural characteristics of the building. 7. The final plat shall incorporate the first phase for Lots 1-4, Block 1. Lots 5-10, Block 1 and 1-4, Block 2, shall .,. be platted as an outlot until the second phase is ready to be developed. The aforementioned data was coordinated by the City Planner, Mr. Dale Runkle. Enclosed on page 49 for additional information is a copy of the preliminary plat as revised for Cedar Cliff Commer- cial Addition and on page 50 a copy of the grading plan. The Director of Public Works, Tom Colbert, has submitted the following comments: A revised preliminary plat in comformance with the concept approval recently approved by Council action for the Cedar Cliff Commercial Addition has been submitted for formal Council approval on a preliminary plat basis. In reviewing the grading and drainage plan for the preliminary plat, it appears that approximately 133,000 cubic yards of fill would be required to make all fourteen lots developable. Because the developer does not have the necessary excess fill to accommodate this at the present time, he has indicated that he intends to develop this in phases in the following manner: Phase 1: Lots 1-4, fronting Nicols Road Phase 2: Lots 5-10, gaining access from Cliff Road through Steven Court Phase 3: Lots 1-4, attaining access from Scott Trail 13 Agenda Information Memo April 2, 1982 Page Eighteen The developer has indicated that there is sufficient excess material on the site to provide for the development of Lots 1-4 fronting on Nicols Road. Subsequent phases would. be developed as material becomes available. The grading plan provides for construction of a berm along the north boundary adjacent to residential proper- ties. Because of the proposed phase development, staff would recommend that the final plat for the first phase incorporate the proposed four lots on Nicols Road with the remainder being platted as outlots to maintain flexibility regarding additions pertaining to grading, drainage, streets and utility requirements at the time of their proposed development. Although four lots are proposed to take access from Nicols Road, it is recommended that there be a maximum number of two driveway entrances with the necessary cross easements to the appropriate lots to insure adequate access. The southerly access should be restricted to a minimum of 275 feet from the center line of Cliff Road. It is also .recommended that that section of Nicols Road be upgraded from Cliff Road to at least Erin Lane to accommodate the proposed future development of these lots taking direct access from Nicols Road. Although Nicols Road is technically Dakota County Road 28, the County intends to turn it back to the City in the near future for perpetual maintenance; therefore, it is doubtful that the County would participate in the cost of this upgrading. Therefore, it is recommended that this development be responsible for 50% of the cost of upgrading Nicols Road from Cliff Road to Erin Lane with the other 50% being the responsibility of the commer- cial properties located within the Mari Acre Additions. Future upgrading of Nicols Road further to the north would be required when the commercial shopping center was developed on the northern end of Mari Acres Second Addition. Because this preliminary plat is different from the one that was discussed at the planning commission public hearing of October 27, 1981, the engineering recommendations have been revised to the following. 1. A storm sewer system must be constructed from Mari Acres Pond (AP -9) to the east line of Phase 1 and continued in the future to handle the drainage requirements necessitated by the development of any phase construction. 2. A maximum of two driveway entrances only will be allowed onto Nicols Road with the southerly most driveway being a minimum of 275 feet north of the center line of Cliff Road. 14 C" L' Agenda Information Memo April 2, 1982 Page Nineteen 3. Only one entrance will be allowed onto Cliff Road, the center line of which being located 327 feet west of the center line of Scott Trail. 4. Restrictive access control be dedicated adjacent to Cliff Road, Nicols Road, and the west side of Scott Trail with the exception of those three previously discussed access points. 5. This development escrow is calculated assessment responsi- bility for the upgrading of Nicols Road from Cliff Road to Erin Lane. 6. A landscaping berm be constructed adjacent to the residential area as a condition of the first phase development. The Director of Public Works will be available to discuss in further detail these conditions with the City Council at the meeting on April 6. ACTION TO BE CONSIDERED ON THIS MATTER: To approve or deny the revised preliminary plat of Cedar Cliff Commercial Addition. 157 Proposed: \ CEDAR CLIFF COMMERCIAL ADDITION FOR: JOHN FLANAGAN } (ODTLOTS 0 and H. CEDAR CLIFF) `-� '•� DAR ILFF ERIN l` LMLO "EA SCALE: /19B LANE 1II \ \_'' \� _\ OuTLOT o q43 a MoiaR /96P `OYiLOi x xxp.>p 10T.L I I m CLIFF ---� ROAD a CR. WINDEN B ASSOCIATES, INC. L SYRVEMn9 1 r _____ ___fl ✓ut.xnxFSai� »iOF t,i N> -YM Proposed Grading Pion \\ CEDAR CLIFF COMMERCIAL ADDITION FOR: JOHN FLANAGAN (OUTLOTS O Ano N, CEDAR CLIFF) CUFF ERIN LANE II ¢ I CUT fl ,I T �I .I _I 3 LAND AREA SCALE: /' • SO' DUnor D n..e Ae. ft"A /99Y WemT N R.ADAe. 2 AD"LeD C.I. InhnDi °.il Ae TDeLL 4t FILk �-9 � �.. :\asp I -•�.. / / ;i \ FILLL ` \ ` 4 AI SAA. CU+ ' � I % �11 � h ;r>• I ,ant � ROAD --- A C.R. WINDER B ASSOCIATES, INC. U.' E IWNEr01 lq a 'A uA.ewR 1e.00 1.i. � k CLIFF LAND AREA SCALE: /' • SO' DUnor D n..e Ae. ft"A /99Y WemT N R.ADAe. 2 AD"LeD C.I. InhnDi °.il Ae TDeLL 4t FILk �-9 � �.. :\asp I -•�.. \ ` 4 ROAD --- A C.R. WINDER B ASSOCIATES, INC. U.' E IWNEr01 lq a 'A uA.ewR 1e.00 1.i. � k Agenda Information Memo April 30, 1982 Page Eight -A ARCHITECT SELECTION FOR PROPOSED CITY HALL EXPANSION C. Architect Selection for Proposed City Hall Expansion -- At a special City Council meeting held on Wednesday, April 28, 1982, four (4) architectural firms were interviewed by the City Council for the purpose of designing a second story addition phase of the Police Department building to be designated as a City Hall. Inclu- ded in the proposal is the possibility of an added expansion to the Police Department which would include a small fire station building. The four firms that were interviewed are as follows: BWBR, Kilstophe & Poisson, Architectural Alliance and Boarman Archi- tects. ACTION TO BE CONSIDERED ON THE MATTER: To approve the selection of one of the aforementioned firms as an architect to design a fire addition and city hall expansion of the existing Police Depart- ment building. Agenda Information Memo April 30, 1982 Page Eight OAKWOOD HEIGHTS PRELIMINARY PLAT B. Countryside Builders, Inc., Jerry Lagro, for a Preliminary Plat of Oakwood Heights, Consisiting of Approximately 9.59 Acres for a Townhouse Development -- At the last regular meeting of the City Council held on April 20, 1982, further consideration of the preliminary plat of Oakwood Heights was continued until the May 4, 1982 meeting. The purpose of the continuance was to request that the City staff analyze the development activity of the Lexing- ton South Planned Development. Enclosed on pages-- 10 through a a is a copy of a report prepared by the Planning�n/Assis- tant, Dave Osberg, that analyzes the development of the Lexington South Planned Development. For additional information on the pro- posed preliminary plat of Oakwood Heights Condominiums, refer to pages 67 through 83 of the April 20, 1982 City Council packet. If any member of the City Council has misplaced this information, please feel free to contact the City Administrator's office for additional copies. Again, for a copy of the action that was taken by the APC, refer pages ;(!Z through 2.3 . ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the preliminary plat for Oakwood Heights. 19 TO: CITY PLANNER IMUZ FROM: PLANNING ASSISTANT OSBERG DATE: APRIL 28, 1982 RE: LEXIN(' W SOUTH PD As requested, I have analyzed the development activity of the Lexington South Planned Development. I have tried to determine how much of the Lexington South PD has been developed and what the various land uses are. There are a total of 1,140 acres in the Lexington South PD. Of this amount, the following are the acreage breakdowns of the various land uses in the Lexington South PD: I. Residential II. Commercial R-1 87.0 acres R-2 326.6 acres R-3 180.0 acres R-4 102.3 acres 695.9 acnes CSC 67.8 acres GB 67.8 acres IS 33.8 acres TOTAL . . . . . . . . . 169.4 acres III. Athletic Field . . . . . . . . . 42.6 acres IV. Parks and Open Space . . . . . . . . 142.1 acres V. Road R.O.W. . . . . . . . . . . . . . 90.0 acres GRAND TOTAL 1,140.0 acres The important acreage totals to keep in mind are the 1-1 and R-2 land uses. These totals will give a better indication of the impact'the Oakwood Heights project will have on the entire Lexington South PD. There are, at the present time, six subdivisions in the Lexington South PD which have been developed or platted. The six are: Canterbury Forest, Ches Mar East, Wedgewood, Overview Estates, Oak Pond Hills and Oak Pond Hills 2nd. The following chart provides further information regarding each of the six subdivisions. The numbers on the chart refer to the attached map of the Lex- ington South PD. LAND USE GROSS ACRES Mc. UNITS NET ACRES GROSS DENSITY NET DENSITY 11 Canterbury Forest R-1 44.1. 58 36 1.31/DU/Ac 1.6 DU/Ac 2) Ches Mar Fast i-2 47.8 118 34.5 2.46 DU/Ac 3.42 DU/Ac 3) Wedgewood R-2 46.1 85 33.1 1.84 DU/Ac 2.5 DU/Ac 4) Overview Estates R-1 27.3 24 26 .87 DU/Ac .92 DU/Ac 5) Oak Pond Hills R-1 5.5 4 2.9 .7 DU/Ac 1.3 DU/Ac 6) Oak Pond Hills 2nd R-1 8.7 6 7.6 .67 DU/Ac .79 DU/Ac Iaxington South PD April 28, 1982 Page two At the present time, there are 92 units that have been developed or platted that are in the 1-1 land use category of the Iexington South PD. The esti- mated number of units to be developed in the R-1 category is 217. The 92 developed or platted R-1 units are on 85.6 acres with the total amount of R-1 land in the Lexington South PD being 87 acres. Therefore, the land de- signated for R-1 use in the Ip--axgtcn South PD is nearly saturated with only 92 of the expected 217 units. There are 203 units that have been developed or platted that are in the R-2 land use category of the Lexington South PD. There are 1,633 potential R-2 units in the Lexington South PD. The 203 developed or platted R-2 units are on 93.9 acres with the total amount of R-2 land in the Lexington South PD being 326.6 acres. Therefore, the land designated for R-2 use in the Lex- ington South PD is only 28% saturated with 232.7 acres yet to be developed. The 232.7 acres is available for development of the remaining 1,430 R-2 dwelling units that are projected in the rax natcn South PD. At the present time, there has been no development or platting of any R-3 or R-4 land in the Lexington South PD. However, it has been projected that there will be 1,800 R-3 units and 1,636 R-4 units developed in the Lexington South PD. In conclusion, it appears that there is considerable development yet to take place in the Lexington South PD. Most of the future development will occur in the R-2, R-3, R-4 and commercial areas with much of the R-1 land already developed. DMD/jack - 21 Z Ex1NGT0/V SSOUT/,, PU.Q W -a APC Minutes March 23, 1982 0AKWOOD HEIGHTS CONDOMINIUMS - PRELIMINARY PLAT The application of Countryside Builders and Jerry Lagro for preliminary plat approval of Oakwood Heights Condominiums consisting of 9.95 acres and 60 condominium dwelling units was then considered by the Council. Mr. Darrel Anderson, architect, and Mr. Lagro were present. The project would consist of 12 different unit plans and three building types on a very rough parcel of property north of Wilderness Run Road in a portion of the Lexington South Planned Development. Mr. Anderson indicated.that the developer would attempt to save as many oak trees as possible, that a tot lot would be provided, that a private street would be provided on the north, there would be two spaces per unit for parking and additional guest parking would be available. He re- quested the increase in density to 64 units, but indicated that he misunder- stood the density requirements under the ordinance, basing that request on 6,000 square feet per unit. The units would be 800 to 1,300 square feet in size and there would be a minimum 40 foot setback along Wilderness Run Road. It was noted that in order to comply with the ordinance requirements, that it would be necessary to reduce the density to approximately 57.5 dwelling units in the area zoned planned development, allowing 3 to 6 dwelling units per acre. If the streets are all public, it would also reduce the acreage by about 2 additional acres for computation of density. The prices would range from $58,000.00 to $82,000.00 per unit. It was noted that lower density generally is provided around the area, except to the east. Mr. Anderson indicated that the developer would comply with the density requirements of the City. McCrea moved, Turnham seconded the motion to recommend approval, subject to the following: 1. That density not exceed 55 units in the project. 2. A development agreement shall be completed prior to the construction of any of the dwelling units. 3. A detailed landscape plan shall be approved by City staff and an adequate landscape bond shall be submitted with the final plat and not re- leased until one year after the landscaping has been completed. 4. The developer shall provide the City with a copy of the Homeowner's Association Articles and Bylaws for review. 5. The park dedication has been satisfied with the Lexington South Planned Development. However, a tot lot shall be included and its plan shall be reviewed by the Advisory Park Committee for its recommendations. 6. A 40 foot setback for all buildings shall be required from Wilder- ness Run Road. 7. All other City ordinances shall be applicable for the overall development. ,az 2 C C: APC Minutes March 23, 1982 8. An 80 foot right-of-way should be dedicated for Wilderness Run Road in conformance with the existing street and utility easement adjacent to this plat. 9. Internal private drives shall be a minimum 28 feet in width con- structed to a 7 -ton design with concrete curb and gutter. 10. A detailed grading, drainage and erosion control plan shall be submitted and approved by the City prior to final plat approval. 11. If installed privately, the utility layout and design shall be as approved by the City. 12. Trunk area storm sewer assessments shall be paid as a condition of final plat approval. 13. A 10 foot drainage and utility easement shall be dedicated adjacent to all lot boundaries in this proposed plat. Those in favor were McCrea, Turnham, Wilkins and Hall. Those against were Bohne Krob and Wold. Those voting no were concerned about the density being too high on the parcel of property. It was suggested by Planning Commission members that the staff review a potential reduction of 2 units in the buildings facing the pond on the east. ;L3 Agenda Information Memo April 30, 1982 Page Nine NEW BUSINESS' WINE & BEER LICENSE TRANSFER - CARBONE'S PIZZA A. Transfer of On -Sale 3.2 Beer & Wine License from Amore Pizza to Carbone's Pizza -- Application for non -intoxicating 3.2 on -sale beer and wine license for Carbone's Pizza located at 1665 Yankee Doodle Road is in order for consideration. Fratelli Tre, Inc., is requesting the license for the former Amore Pizza business (and previous to that, the 7-11 Store). The new business, under the name of Carbone's Pizza, is scheduled to open during mid to late May, and in any event, the non -intoxicating liquor license would be dated from May 15 to December 31, 1982. For additional informa- tion on this item, copies of the application, personal information, general information and police department check with no page numbers as additional information for each member of the City Council. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny an on - sale 3.2 beer and wine license to Carbone's Pizza. HOURS OF OPERATION VARIANCE - NICOLS LANDING B. Larry Miller (Nicols Landing) for Variance to Ordinance #73 (Amusement Devices) to Extend Hours of Operation until 12:00 Mid- night -- At the November 4, 1981 City Council meeting, a conditional use permit was granted to Mr. Larry Miller to operate more than three (3) amusement devices at Nicols Landing (previously the A & W Restaurant). The ordinance does not allow hours of operation for the amusement arcade to be later than 10:00 p.m. At the time of conditional use permit approval, the applicant did request that the restaurant be permitted to continue to be open until 12:00 p.m. on Friday and Saturday nights. The City was assured that the machine portion of the restaurant portion of the restaurant could be closed at 10:00 p.m. to comply with the ordinance. There- fore, the action taken by the City Council was as follows: "Motion to approve the application, subject to the review by staff as to the maximum number of machines that could appropriately be placed in the establishment and further, that the portion of the building used for the amusement devices be closed at 10:00 p.m. to comply with the ordinance in full compliance of Ordinance #73, Amusement Devices." The City has received a request from Mr. Miller that the City approve a request to allow the amusement devices to be operated until 12:00 p.m. on Friday and Saturday nights to remain consistent with the restaurant operation. Enclosed on page _2! is a letter from Mr. Miller requesting the new hours of operation for amusement devices. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the request for the extension of hours of operation for the amusement devices as requested by Mr. Larry Miller for the Nicols Landing Game Room. 24 P64owV Agenda Information Memo April 30, 1982 Page Ten AMUSEMENT DEVICE LICENSE FOR MEDITERRANEAN CRUISE C. Ernest H. Eisenberg for Amusement Device License for Two Amuse- ment Devices at the Mediterranean Cruise Restaurant -- An applica- tion was received from Mr. Ernest Eisenberg of Eisenberg Enterprises Games Unlimited requesting two (2) amusement devices for the Medi- terranean Cruise Restaurant. The application is in order for con- sideration by the City Council. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny amusement device application for the Mediterrean Cruise Restaurant. AMUSEMENT DEVICE LICENSE FOR APPLEBAUM'S D. Leonard T. Dennis for Amusement Device License for Two Amusement Devices at Applebaum's Food Store in the Cedarvale Shopping Center -- At the March 16, 1982 City Council meeting, an application for two (2) amusement devices for Applebaum's food store was denied. The minutes read as follows, "The application of Applebaum's food store for two amusement devices at the Applebaum's store in Cedar - vale Shopping Center was submitted for consideration. There was no appearance and council members discussed the application, in- dicating that it did not appear to be a good location for amusement devices in a grocery supermarket. Smith moved, Wachter seconded the motion, to deny the application for the reasons mentioned above. All voted yes." Mr. Leonard Dennis, president of Storcast Corpora- tion of America, Wayne, Pa., has reapplied for the application and would like to have a representative appear before the City Council to discuss the reasons they have for approval of the two (2) amusement devices. This application was treated as a new appli- cation with all fees paid to the City. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the two (2) amusement device license for Applebaum's food store in the Cedarvale Shopping Center. a6 Agenda Information Memo April 30, 1982 Page Eleven CRUSHING PLANT - 494 MnDOT PROJECT E. Special Permit for Crushing Plant/Mary Eggum for I-494 MnDOT Project -- This item relates to the grading permit addressed under Item D of Consent Items. An application for a special permit to operate a crushing plant was applied for by Mr. Eggum. This special permit is similar to the special permit that was allowed for the Cedar Avenue Freeway project. To provide further information on this item, a copy of a letter of intent from Wehrman Consultants Associated, Inc., for Buesing Bros. Trucking, Inc., is enclosed on pages a$ through!I atIf the City Council desires to approve the special permit, it s�ould be subject to the following conditions: 1. Hours of operation be limited to 7:00 a.m. to 7:00 p.m. 2. The facility shall not be operated on Sunday. 3. The facility be removed after the completion of the contract and the restoration of the property be complete to its present condition. 4. The City Council shall review the permit ninety days after start up to determine whether the operation is in violation of its conditions or if there are any serious objections. 5. That no trucks serving the plant use public roads during rush hour traffic other than the bare minimum. 6. Access to the crushing facility and the location where the material will be used shall be coordinated with the Public Works Director. 7. The material shall only be used for the I-494 project between the Minnesota River and T.H. 55. 8. The crusher will be in operation for the construction season in 1982-1983. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny a special permit for a crushing plant as requested by Mr. Mary Eggum. a-7 MEMORANDUM OF INTENT TO: CITY OF EAGAN FROM: WEHRMAN CONSULTANTS ASSOCIATED, INC. FOR BUESING BROS. TRUCKING, INC. DATE: APRIL 26, 1982 SUBJECT: EXTRACTION AND CRUSHING OF GRAVEL AT BORCHERT-INGERSOLL, INC. PROPERTY 3275 Dodd Road, Eagan, Minnesota 55121 PURPOSE: To extract and process gravel for use in I-494 construction project located between Minnesota River and Highway 55. The removal of the material will better adapt the site terrain for future industrial development, while maintaining the general character of the topography during the interim period. PROCEDURE: During the construction seasons of 1982 - 1983, Buesing Bros. Truck- ing, Inc. will extract 200,000 to 300,000 cubic yards of gravel from the site. The material will be crushed and graded by an on-site plant, stockpiled and subsequently hauled to the construction site. The operation of the crushing plant will not be continuous during the two seasons. Ingress and egress to the site will be via the access road from Highway 149 or via Borchert Lane as shown on the attached drawing. Hours of operation will be limited to the hours between 7:00 a.m. and 7:00 a.m. C.D.T. _ Traffic movement to and from the site, as well as dust and noise control, will conform to Mn/DOT, PCA and City of Eagan requirements. DRAINAGE The extraction, grading and processing will occur outside the 100 -year WETLANDS flood level of the adjacent wetland,.i.e., above the 850 contour. Ero- AND sion control, by means of hay bales with snow fence, or Envirofence, EROSION will. prevent sediment from reaching the wetland during the period of CONTROL: extraction and grading. The extraction area will be graded in a manner 'to assure that drainage will be intercepted by the erosion control devices during construction. Previous to extraction, the topsoil will be'stripped and stockpiled. After completion of extraction operations, and establishment of subgrade in conformance with the attached grading plan, the topsoil will be deposited over the disturbed area. The disturbed area will then be returned to crop production. It should be recognized that the quantity of extracted material cannot be precisely determined, and consequently, the ultimate grading shown may vary. The attached drawing indicates the maximum amount of antici- pated extraction. 99 BOND AND Attached is a Restoration Bond in the amount of $10,000, computed INSURANCE: at the rate of $500 per acre disturbed, holding the City of Eagan harmless from any and all claims, suits, etc. Also attached is a Certificate of Insurance naming the City of Eagan and the property Owner as Insured per City requirements. 29 Agenda Information Memo April 30, 1982 Page Twelve FINAL PLAT/NORVIN OAKS F. Final Plat for Norvin Oaks -- The final plat for Norvin Oaks is in order for consideration. All easements have been changed in accordance with the Director of Public Works. All other items were reviewed and are in order for final consideration by the City. The development agreement and all other documents will be completed in accordance with the City Attorney's office. A copy of the final plat is enclosed on page -,a ACTION TO BE CONSIDERED ON THE MATTER final plat for Norvin Oaks. 30 To approve or deny the `-` NORVIN Sea/a L%I `z :r.. �i Jau/A 4f9 !p•/ a! pp 89° 05' 27° W NE 6v d JW %a Or Jw- .7 P7, RPl. ge05 452.13— 1 d gg -uisa 3 I ---92000--- IN ;h POND ¢� i "s PJB `air too. Z�I; coil 2 0 IT W �s %_Zo � % E e Air /g - `r:i / / g r Sar 329) slag I �N 6 y `•,. Nag'OS'27Er0� „v1a 3 ^,STORLAND ROADS �� 0 YSA9 1---------- -- J'-----� —266.06-- •• != 1 Nag, OS'27°E JauiA MW a/NF%// J J%i' is ol.rs<. 3/, JT7, RT! w Agenda Information Memo April 30, 1982 Page Thirteen FINAL PLAT/BICENTENNIAL 8TH ADDITION G. Final Plat for Bicentennial 8th Addition -- The final plat for Bicentennial 8th Addition is in order with one exception, that being a letter from the Minnesota Department of Transportation stating that the right-of-way for I -35E is adequate. At the present time, the City has not received a letter from MnDOT; however, it is expected that the letter will be received by the City Council meeting on Tuesday. All other items pertaining to Bicentennial 8th Addition final plat are in order and the plat is therefore in order for consideration by the City. A copy of the final plat is enclosed on page _3:. ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny the final plat for the Bicentennial 8th Addition. 3a PRELIMINARY PL OF NNIA L EIGHTH 0 'A ;: AT ADDITION , Agenda Information Memo April 30, 1982 Page Fourteen CONDITIONAL USE PERMIT/ROGER ERICKSON & ED LEIER H. Roger Erickson & Ed Leier, dba Jatco, Inc., for a conditional Use Permit to Allow a Fast Food Restaurant in a Neighborhood Busi- ness District located in Silver Bell Center -- A public hearing was held before the Advisory Planning Commission at their last regular meeting held on April 27, 1982. The APC considered an application submitted for a conditional use permit to allow a fast food restaurant in a neighborhood business district located at 1973 Silver Bell Center. The APC is recommending approval of the conditional use permit. For additional information on this item, refer to the Planning Assistant's report found on pages '35' through For additional information on this item, refer to the APC minutes, a copy of which is enclosed on page 1q . ACTION TO BE CONSIDERED ON THE MATTER: Toapproveor deny the recommendation of the APC to approve a conditional use permit for Roger Erickson & Ed Leier. ftmi 1. y CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: FDGER ERICKSON AND ED LEIER DBA JATCO INC LOCATION: 1973 SILVER BELL CENTER EXISTING ZONING: NB (NEIGHBORHOOD BUSINESS DISTRICT) DATE OF PUBLIC HEARING: APRIL 27, 1982 DATE OF REPORT: APRIL 22, 1982 REPORTED BY: DAVID M. OSBERG, PLANNING ASSISTANT APPLICATION SUBMr=: An application has been submitted for a conditional use permit to allow a fast food restaurant in a Neighborhood Business District located at 1973 Silver Bell Center. COMMENTS The applicants are proposing to open a fast food Mexican restaurant in the Sil- ver Bell Center,. The restaurant will have seating available for consumption of food on the premises and food will also be prepared for oomsumption off the pre- mises. According to the zoning ordinance, a retail shopping center in a Neighborhood Business District, which the Silver Bell Center is, may have a restaurant with sit-down facilities only. Because the applicants are proposing to have food available for consumption off the premises, a oonditional use permit is required. As can be seen from the attached diagram of the restaurant, seating will be avail- able for consumption of food on the premises with approximately 40 seats avail- able. Staff would like to point out that the Silver Bell Shopping Center appears as a General Business District on the zoning map and in reality the zoning is Neigh- borhood Business. If a conditional use permit is granted, all other ordinance requirements shall be amplied with. DMO/jach 3S REAR M" woMFFI —`f' W � ; SEATlN6� ARF.q � -4 �. N i;m i I � I i i I' A/StE • J 36 / FRON r g1loIs /cocfz PCA Pbk Ti4TGo� �L, d/ 6/q nTN t TiA:1,4. � ret'�v�ra►,7" STo�AGE 1973 S/c VCR —Zo — BELL iCt�.� `o EC4CrA) Mr1, �DFF'GE qha `I -•----UN•fT � S S'roRpGF 5/I VCR :BELL CrR, K .. ® .. I X � ; SEATlN6� ARF.q � -4 �. N i;m i I � I i i I' A/StE • J 36 / FRON r ��tri %' •� � S ~ its 111 1 1 ; r..•? 1 =+ O OI Y w Y• w. _NVIJ : UOOIJ = 'M •YYW Yrw I YAM71K C•i ; 1 r C /c� _r ISt MPuSTf?IA PARK A A R-4 •Li F. uJ FP CE / L I .. N INDUS IAL AIf IL \Q 18 t PPM csc e G5/1 D -n 1 PF K Y% W SUBJEG q / PROPE' ADDTION y�✓ ACRES 8L R-4 A R - JC T ACRES C -I R-4 R wrQ� R=1 APC Minutes April 27, 1982 JUAN A. TAM MUM, IW. The application of Roger Erickson and Ed Leiei, dba Jatco, Inc., for a conditional use permit to allow a Mexican fast food restaurant in a Neighbor- hood Business District located at 1973 Silver Bell Center was convened by the Chairman. It was noted that there appeared to be adequate parking for this type of restaurant, which was to expect 508 sit-down and 508 take-out busi- ness. This was assuming that this Shopping Center continued to be a low- volume center and that the once proposes] hamburger and beer establishment was not being developed. The members also expressed concern that the applicant be responsible for any necessary receptacles for customers that would choose to eat their food outside of the building and dispose of the waste. Member Krob moves] to recommend approval of the conditional use, subject to compliance with applicable ordinance provisions . It was seconded by McCrea. All voted in favor. Agenda Information Memo April 30, 1982 Page Fifteen ADDITIONAL' ITEMS' CONTRACT 82-1/BID AWARDS A. Contract 82-1 (Overhill Farm 1st Addition), Receive Bids/Award Contract -- The City of Eagan received bids to provide public im- provements for the Hay Lake sanitary sewer, South Oaks trunk sewer and Overhill Farm Addition sewer. The low bid was $298,794.65 received from Richard Knutson. The low bid is 7% higher than the feasibility report for the Hay Lake and South Oaks portion of the contract while the bid for the Overhill Farm Addition is 7% lower than the feasibility report. For additional information on the bids as reviewed by the consulting engineer and a bid tabulation sheet, refer to pages +I through �. . ACTION TO BE CONSIDERED ON THE MATTER: To approve or deny Contract 82-1 bid award to the low bidder, Richard Knutson, Inc. 06 Our File No. 49224 HAY LAKE SANITARY SEWER - PROJECT 321 SOUTH OAKS TRUNK SEWER - PROJECT 326 OVERHILL FARM ADDITION - PROJECT 332 CITY CONTRACT 82-1 EAGAN, MINNESOTA CONTRACTORS 1. Richard Knutson, Inc.. 2. Julian M. Johnson 3. Northdale Construction Co. 4. Nodland Associates, Inc. 5. Parrott Construction Co. 6. Orfei 6 Sons, Inc. 7. Austin P. Keller Construction 8. Barbarossa 6 Sons, Inc. Feasibility Report Engineer's Estimate Low Bid BID TIME: 10:30 A.M., CDST BID DATE: Tuesday, April 27, 1982 Projs. 321 b 326 $202,010.00 $187,060.00 $216,675.65 Feasibility Report compared to Low Bid: (+) over; (-) under Project 321 b 326 +7X Project 332 -7X 9426a 41 TOTAL BASE BID $298,794.65 $299,485.00 $360,092.50 $365,250.00 $377,449.75 $411,810.34 $430,264.00 $491,825.00 Proj. 332 $ 88,660.00 $ 89,170.00 $ 82,119.00 7335 V. 1..4 J/Oamv 36 S1. P0.4 M..,.lak. 55113 P4.. 617-636-0600 April 28, 1982 City of Eagan 3795 Pilot Knob Road Eagan, Mn. 55122 . o L1956I e � Attn: Mr. Tom Colbert Re: City Contract 82-1 Our File No. 49224 Dear Tom, Ono G. Ba.arroo. P.E. Robe,, W. Rouse. P.E. Joseph C. Anderllk. P.E. Oradlord A. Lemberg. P.E. Richard E. Tamer. P.E. Jame, C. Oh.m. P.E. Glenn R. Cook. P.E. Keech A. Gordan. P.E. Thomas E. Mayen P.E. Richard W. Fwnr. P.E. Robere G. Schmalehl, F.E. Marren L. Serrata. P.E. Mmild C. B.rsardl. P.E. Jerry A. Bearden. P.E. Mark A. Haman. P.E. seer,. M. G"Mcly Charlie A. Erleks.. Leo M. Pamelshy Harlan M. Ohe. Dawd E. olso. Bids were received April 27, 1982 for City Contract 82-1. Low bidder of the eight (8) bids received was from Richard Knutson, Inc. with a total base bid of $298,794.65. A comparison of the low bid received to preliminary report costs for each project are as follows: I. RAY LAKE TRUNK SANITARY SEWER - PROJECT 321 SOUTH OAKS TRUNK SEWER - PROJECT 326 A. Sanitary Sewer B. Storm Sewer TOTAL PART I ............... II. OVERHILL FARM ADDITION - PROJECT 332 TOTAL PART II .............. TOTAL CONTRACT 82-1 ........ Prelim. Report Low Bid $144,950.00 $119,569.55 57,060.00 67,106.10 $202,010.00 $216,675.65 Prelim. Report Low Bid $ 88,660.00 $ 82,119.00 $290,670.00 $298,794.65 The low bid is approximately 3% over the cost estimated for the preliminary report. A breakdown by project shows a 7% increase for the Trunk Sanitary and Trunk Storm Sewer Project 321 and 326 while Overhill Farm Addition, Project 332 shows a 7% decrease when compared to preliminary report costs. It is felt cost increases for Project 321 and 326 are due to preliminary re- port costs being prepared in January 1981 and also due to an abnormal winter which increased groundwater conditions. Soil borings taken by contractors ex- perienced significantly wetter conditions than experienced by soil borings 9426a Page 1. M City of Eagan Eagan, Mn. Re: File No. 49224 April 28, 1982 taken by the City last summer. Therefore, the contractors felt dewatering procedures would be more difficult than originally anticipated. We, therefore, recommend award of City Contract 82-1 to Richard Knutson, Inc. for $298,794.65. If you have any quetions, please contact this office. Yours very truly, BONESTR00, ROSENE,, ANDERLIR 6 ASSOCIATES, INC. � �J g" 61-- Mark A. Ranson MAH:li 9426a Page 2. 43 Agenda Information Memo April 30, 1982 Page Sixteen CABLE TV UPDATE B. Joint Burnsville/Eagan Cable Commission Update -- City Council representative Jim Smith and City Administrator Hedges will provide a brief update of the last regular meeting of the joint cable com- mission that was held in the City of Burnsville on April 22, 1982. Briefly, the joint commission hired Mr. Tom Creighton as legal counsel, reviewed and adopted a lobbyist registration procedure, met with the chairman of the Prior Lake Cable Committee to discuss the possibility of including Prior Lake and Savage into a joint cable service territory with the Cities of Burnsville and Eagan at the request of Prior Lake and, further, a discussion of tentative work plans for the upcoming meeting. There is no action required by the City Council at this time on action of the joint commission. =RX"W" "Ilk ' — MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: APRIL 30, 1982 SUBJECT:. INFORMATIVE McCarthy Condemnation Action Enclosed on pages 44 through 47 is a copy of a letter from the City Attorney's ottice regar'd'ing an update on the McCarthy condemnation action. Attorney General Opinion Regarding Storm Sewer Improvement Tax D str ct The City Administrator subscribes to that part of the Minnesota Legal Register which involves opinions of the Attorney General regarding decisions that impact local government operations. The most recent copy of the Minnesota Legal Register addressed an inter- esting opinion of the Attorney General regarding sewers: city: storm sewer improvement tax district. A copy is enclosed on pages 4$_ through 49. for your information. DWI Law Kevin Eide of the City Attorney's office has prepared a memorandum that describes some of the changes in the new DWI law and the impact these changes will have on the City of Eagan. There is no action required; however, if there are any changes or alterations the City Council would like to make in the policies that have been adopted by the City Attorney's office regarding prosecution of the DWI charges, please direct the City Administrator and City Attorney accordingly. Enclosed on pages SO through is a copy of the letter. Ehlers & Associates Enclosed on pages 53 through — is a copy of the most recent letter from Ehlers-&-7-ssociates. u �a 'Ik \ i 45' HAIIGE, Sm=, EIDE & HELLER. P.A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3908 SIBLEY MEMORIAL HIGHWAY EAGAN (ST. PAUL). MINNESOTA 66122 PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE DAVID G. KELLER Mr. Thomas L. Hedges City Administrator 3795 Pilot Knob Road Eagan, MN 55122 Re: McCarthy Condemnation Action Dear Tom: April 19, 1982 AREA CODE 612 TELE"ONE 464.4224 This is an update on the Wescott Road and McCarthy Pond condemnation actions. You may recall that the hearing on the Petition for the condemnation of the pond took place in December. We recently received the decision of the Court granting our Petition and appointing three commissioners. Immediately, Arnold Kempe, the McCarthy's attorney, brought a motion which was heard on April 15 before Judge Kluck asking that the Petition be denied and that the City had no right to be trespassing on the McCarthy property for the installation of the pipe from the developed land to the north to the pond. You also will perhaps remember that about 100 feet of pipe was installed on the McCarthy property in September of 1981. The reason that Mr. Kempe has brought this motion is to attempt to preserve his rights in the trespass action where he is also claiming treble damages, contending that the City had no right to enter upon the land for purposes of construction of the road or the construction of the pipe in the pond. He claims that money was not paid into the Court in either case timely, and therefore, the City did not have the right to enter upon the property and that the quick,take was not effective. In addition, he cited what he claims are procedural problems and as yet I do not have that decision from Judge Kluck. I have the impression that the Court's decision will be that he will grant the Petition, appoint the commissioners, and date the taking at the time that the commissioners' award comes out rather than September when the pipe was installed which would be necessary for a quick take type of of action. That would allow Mr. Kempe to continue his trespass action and of course he would have to provde that there was a trespass when that case comes up. I understand from Tom Colbert that there may be a need for a sanitary sewer line across the McCarthy property to the south of Wescott Road in the near future. Ap- parently, there have been meetings with Jim Curry concerning the development of land to the east of McCarthy's land, including a church site that apparently has been acquired at the southwest corner of Wescott Road and Lexington Avenue. That would mean that a third condemnation action would be necessary if develop- ment does get started to the east and the City does allow that development to occur. We have suggested several alternatives, including the developer escrow- ing sufficient money to assure the City that the easement can be acquired, hopefully without cost to the City. No specific proposal has been submitted however. M, Mr. Hedges April 19, 1982 Page Two In talking about all of these issues, Mr. Kempe has suggested the following settlement: 1. That the City would pay the $161,000 commissioners' award for the taking of Wescott Road. 2. That the McCarthys would drop their trespass action. 1 3. That McCarthys would drop any motions that they have brought claiming pro- cedural problems in the condemnation action. 4. That the City would then proceed with its hearing on the condemnation of the pond and get a decision on that. You will recall that at one time Mr. Kempe had duggested the payment of the $161,000 award and that the Council at that time turned it down. He is, of course, trying to use leverage now to force the City into settling but the complicating factor again is another potential condemnation action across the McCarthy land. We do have an appraisal for the pond of about $60,000 and one possibility would be to try to negotiate all three easements at one time. I don't expect, however,that McCarthys will reduce their demand below the $161,000 for Wescott Road and am not sure what wgsla happen to the others. skk cc: Thomas A. Colbert 47 yours, MINNESOTA LEGAL REGISTER MARCH 1962 Vol. 15, No. 3 Opinions of the Attorney General Hon WARREN SPANNAUS SEWERS: CITY: STORM SEWER EVEPROVEMENT TAX DISTRICT: Entire city may, In appropriate ch, cumstances, be established as single storm sewer Im- provement tax district pursuant to Minn. Stave 1111444.16 to 444.21 (1980); validity of district not dependent upon finding of direct or special benefit to property; mailed notice mast be given to affected property owners, as provided in Minn. Stat. 11§ 429.031 to 429.081 (1980), when storm sewer project is undertaken In district John P. Nelson March 10, 1982 Montevideo City Attorney 387b-10 P.O. Box 656 (Cr. Ref 59b-12) Montevideo, Minnnesota 56265 In your letter to Attorney General Warren Span. naus you submit substantially the following: FACTS Minn. Stat. 911444.16 to 444.21 (1980) relate to the authority of a municipality to establish within its Um - its a storm sewer improvement tax district. The City of Montevideo is considering establishing the entire city as such a district. There would probably be a series of storm sewer projects over a number of years covering different parts of the city but when all projects are completed, substantially all of the city would be bene• flted. It is contemplated that the taxes authorized under these statutes would be levied against all the property in the district for each project although only part of the district would be immediately affected by each project. QUESTION ONE May the entire city be established as a singlestorm sewer improvement tax district pursuant to sections 444.16 to 444.21, supra? OPINION Assuming the city will, as a whole, be generally benefited by the proposed system of storm sewers, as the statement of facts seem to suggest your question is answered in the affirmative. In essence, these statutes empower a municipality to establish, within its corporate limits, a storm sewer improvement tax district, to construct storm sewer sys. tems within the district and to recover the cost thereof by levying taxes on all taxable property within the district. Implicit in this statutory scheme is the notion that the area selected, for Inclusion in the district will bear some rational relationship to the storm sewer pro. jects to be undertaken therein. This requires that, at the very least, such area be benefited, in a general way, by these projects to an extent greater than the area, If any, excluded. See generally, L(fteau v. Metropolitan Sports Fac. Con m'n, 270 N.W.2d 749 (Minn. 1978); Steiner v. Sullivan, 74 Minn. 498, 77 N.W. 286 (1898); Maltby v. Tautges, 50 Minn. 248, 52 N.W. 868 (1892). Where it is determined that virtually the entire municipality will be so benefited, nothing in these sta- tutes precludes the Inclusion of the entire municipality within the boundaries of the district. It seems clear that a district, whose boundaries are coterminous with those Page 4 IN THIS ISSUE eabJect 00. Ne. Dated SEWERS: City: Storm Sewer Improvement Tax District 387b-10 3/10/82 PUBLIC LANDS: Peat Land: Land Exchange: De. partment of Natural Resources. 983M 3/31/82 of the municipality is "within" corporate limits as con- templated by section 444.17. QUESTION TWO If it were found that, because of the topography, some small sections in the district would not be directly benefited by being drained, would this invalidate the district? OPINION Your question is answered in the negative. In our view, the validity of a district established under these statutes is not dependent upon a finding that each par. cel of property therein will be directly or specially bene- fited by the contemplated projects. Analysis of direct or special benefit to a particular parcel of property is relevant only to situations in which a governmental unit proposes to levy special assessments based upon such benefits "without regard to cash valuations"; see Minn. Const. art. X, 91; Edward Kraemer & Sons, Inc, v. Vil- lage of Burnsville, 310 Minn. 32, 245 N.W.2d 445 (1976). In contrast, expenditures supported by ad valorem tax levies are judged in light of proper public purpose or general benefits to the community or taxing dis- trict. It seems clear that the provisions of sections 444.16 et seq. proceed from the notion that the storm sewer system will be general benefit to the established district and will be therefore supported by an ad valor- em tax levied within the district. Sections 444.18, subd. 1, and 444.20 specifically provide that the cost of such projects may be recovered by taxes levied on all taxable property within the district. Taxes do not Include special assessments. State v. Roselawn Cemetery Assn, 259 Minn. 479, 108 N.W.2d 305 (1961). e Thus, assuming that the area comprising the dis- trict has been reasonably determined as discussed in our answer to question one, supra, the lack of direct benefit to any particular parcel or parcels within the district should be of no legal consequence. QUESTION THREE Does the reference in section 444.18 subd. to the procedures in sections 429.031 to 429.081, which relate to special assessments for local improvements, mean that the taxes levied in the district are to be based upon special benefits and that mailed notice must be given to property owners, as provided in those sections, when a storm sewer project is undertaken within the district? OPINION The portion of your question dealing with special benefits is answered in the negative by reference to our answer to your second question, supra; the portion deal- " We do not here address the question of the authority to recover the cost of projects within a district by special assessments under Minn. Stat. ch. 429 in addition to the taxes authorized by Minn. Stat. §§ 444.16 at seq. Ing with mailed notice is answered in the affirmative. Section 444.18, subd. 1, empowers the city council to construct and Improve storm sewer systems and re- lated facilities within and for the district and subdivi- sion 2 declares that "[t]he procedures of sections 429.031 to 429.081 shall apply when the council of a municipality determines to make an improvement pursuant to this section." The procedures referred to include provisions for mailed notice to affected property owners of hear- ings to be held in connection with special assessments for local Improvements. We think these provisions for mailed notice of hearings apply when a storm sewer project Is under- taken within the district. The intent seems to be to make as certain as possible that affected property own- ers are notified of the hearing process and afforded an opportunity for Input particularily in view of the author. Ity conferred upon the council by section 444.19 to fin- ance the project by general obligation bonds issued without an election. WARREN SPANNAUS, Attorney General Michael R. Gallagher, Spec. Asst. Atty, Gen. PUBLIC LANDS: PEAT LAND: LAND EXCHANGE: DEPARTMENT OF NATURAL RESOURCES: Tax - forfeiture lands chiefly valuable for commercial peat and withdrawn from sale under Minn Stat. 8 92.461 (1980) are not exchangeable under the provisions of Minn. Stat $894.341 to 94.347 (1980). Powers of the Commissioner of Natural Resources. Previous Opinion of Attorney General, No. 983m6 February 9, 196% con. sidered. John R. Leitner March 31, 1982 Altkin County Attorney 983M Courthouse Annex (c.r. 628, 700d13) Aitkln, Minnesota 66431 In your letter to Attorney General Warren Span- naus you present substantially the following FACTS Aitkin County Is in the introductory stages of a Class "B" land exchange under the provisions of Minn. Stat. H 94.341 to 94.347 (1980). This tax -forfeited county land contains peat deposits and in some places the deposits are In excess of twenty feet deep. You cite Op. Atty. Gen. 983m, Feb. 9, 1968, which held that lands forfeited to the state for nonpayment of taxes are lands within the meaning of Minn. Stat. 8 92.461 and the county is prohibited from selling the tax -for- feited land if it is chiefly valuable because of peat deposits in commercial quantities. QUESTION If the county is prohibited from selling peat lands in commercial quantities under Op. Atty. Gen. 983m, Feb. 9, 1968, is the county prohibited from exchang- ing peat lands In commercial quantities under the pro. visions of Minn. Stat. 3894.341 to 94.347 (1980)? OPINION It is our opinion that tax -forfeited land, chiefly valuable because of peat deposits in commercial quan- tities is not exchangeable under the provisions of Minn. Stat. H 94.341 to 94.347: Minn. Stat. 3 92.461, supra, the law which governs the sale or prohibition of the sale of peat lands, reads: Subdivision 1. Peat lands withdrawn from sale. All lands now or hereafter owned by the state which MARCH 1982 are chiefly valuable by reason of deposits of peat in commercial quantities are hereby withdrawn from sale. Subd. 2. Examination by commissioner of natural resources. Before any state land is offered for sale the commissioner of natural resources shall cause such land to be examined to determine whether the land is chiefly valuable by reason of deposits of peat in commercial quantities. The opinion dated February 9, 1968, supra, held: it is the opinion of this office that lands forfeited to the state for nonpayment of taxes are considered within the meaning of Section 92.461, but that such lands may be sold if the Commissioner of Conserva. tion (Natural Resources) determines that the lands are not chiefly valuable by reason of deposits of peat in commercial quantities. Tax -forfeited lands under the jurisdiction of the county may be exchanged for private or federal lands in the same county and the exchange is defined as a Class B land exchange. Mltm. Stat. 994.342, subd. 2 reads as follows: All lands heretofore or hereafter acquired by the state through tax -forfeiture, held subject to a trust in favor of taxing districts, and under the control of county authorities for classification, appraisal, and sale shall be known as Class B land for the purposes of sections 94.341 to 94.347. (Emphasis added.) Additionally, Minn. Stat. 3 94.344, subd. 2, which provides one of the conditions under which Class B lands may be exchanged, reads: No Class B land which is not classified for sale, and no Class B land, however, classified, lying within any zone or district which Is restricted against any use .for which the land may be suitable shall be given in exchange for any privately owned land. (Em- phasis added.) The basis for this opinion logically follows the opinion dated February 9, 1968, supra. In the preced. ing quoted portions of the land exchange statutes, the former, defining Class B land as being tax -forfeited land subject to exchange and the latter as one of the conditions of the exchange, clearly disposes of the question of when Class B land may be exchanged. Tax -forfeited peat lands are not under the control of the county for "classification appraisal and sale" until the Commissioner of Natural Resources has de- termined that the tax -forfeited peat land is not chiefly valuable by reason of deposits of peat in commercial quantities. As recited in the opinion dated February 9, 1968, supra, this conclusion is also supported by the long- standing interpretation of the Commissioner of Nat. ural Resources. The Commissioner of Natural Resour- ces has been making a commercial quantity peat de- termination on tax -forfeited land for sale as required by Minn. Stat. 392.461, subd. 2 (1980), supra. We have also been informed that this requirement has been applied to tax -forfeited land exchanges in other coun- ties in the state. Thus, it is our opinion that the prohibition against sale of certain peat lands contained In Minn. Stat. §92.461 precludes the exchange of such lands under Minn. Stat. H 94.341 to 94.347, supra. WARREN SPANNAUS, Attorney General RICHARD C. HESSBURG, Spec. Asst. Atty. Gen. C.� (�2 PAUL H. MAUDE BRADLEY SMITH KEVIN W. EIDE DAVID 0. KELLER Eagan City Council 3795 Pilot Knob Road Eagan, NIDI 55122 HAIIGE, SMITH, EIDE & KELLER. P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS ' 9006 SIBLEY MEMORIAL HIGHWAY FAGAN (ST. PAUL). MINNESOTA 50122 April 29, 1982 ARBA C006 012 TBLBPNGNB 454.4224 Re: Impact of New Statutes Regarding Driving Under the Influence of Alcohol Dear Mayor and Councilmembers: One of the first legislative enactments of the 1982 session involved certain amendments to the driving under the influence statutes and the implied consent law, the latter specifying the terms under which a test for a blood alcohol concentration may be obtained and providing for the revocation of one's drivers license under certain conditions. Included in these amendments are certain provisions enacted to circumvent legal objections to these charges, however, we do not expect a significant difference in the number of cases tried or the success ratio due to these amendments. The amendments which do appear to be significant in the prosecution of these offenses are as follows: 1. The redefinition of the second DWI offense within five years, or a third DWI offense within ten years, as a gross misdemeanor with a maximum penalty of $1,000 and/or one year in jail. It is important that a plea negotiation of the first offense to a careless driving or a reckless driving charge, quite common in the past, will not invoke the gross misdemeanor penalties upon the occurrence of a second offense within the time limit specified above. 2. The driver, upon the refusal of a blood alcohol test or the blood alcohol test which exceeds legal limits (.108 blood alcohol content) will receive a seven day temporary license after which he shall suffer the revocation of his license until such time as the period of revocation expires or the revocation is overturned by a court. The individual may entitled to a limited work license during this period of revocation. In the past, the revocation was postponer] until such time as the driver waived a hearing on the revocation, or the Court held the revocation to be proper. This will result in the early removal of drinking drivers from the streets. 3. The City will be permitted to submit to the State test results between the .078 blood alcohol and .108 blood alcohol concentration and, 'in that event SO :.� ^ "�/' .., i+.'4 .?�"'%yC. 9k� �ifi5^� i r � � A 4u.� 31-•� City Council Page Two the criminal action may or may not be pursued. However, upon the receipt of two such test results, the State Department of Transportation may require the driver to submit to alcohol dependency treatment or revoke the individual's license for up to 90 days. 4. There is no longer a requirement that a blood test be offered in every case. As a result, the Police Department may be able to use the breathalyzer in more instances with a time savings to the police officers involved. Subsequent to the passage of this new legislation, I have met with the staff of the Eagan Police Department and discussed changes in police procedure which will have to be instituted. Due to the public concern expressed in this area and due to the clear legislative intent that a second driving under the influence charge should be considered the more severe gross misdemeanor, again a gross misdemeanor may not be charged if the first offense was plea nego- tiated to a careless or reckless driving charge, our office proposes to adopt the policy whereby all DWI charges which appear to have a good chance of success will not be plea negotiated. In the past, many of the first time DWI offenders were allowed to plea to a lesser charge even if there was a high chance of success in proving up the DWI charge. A primary reason of this was to dispose of as many cases as possible, as early in the process as possible, with a resulting cost savings to the City. In addition, with the negotiated plea, the defendants received a longer term of license revocation and were subjected to the same fine by most Judges and the same impact on insurance rates by most insurance carriers. The result of our proposed change of policy to deny plea negotiations will no doubt be the substantial increase in the number of cases set for jury trial and at least some increase in the number of cases actually tried. It has been estimated by one of the local prosecutors that bringing a DWI charge through the criminal process including full trial will cost a municipality as much as $1,200 in police officer and attorney time. In the event the result is a guilty verdict, the defendant can be fined up to $500, however, the actual fine imposed is usually somewhat less and this fine is then split between the County and the municipality. A second increase in cost to the municipality is anticipated through the prosecution of second offenses as gross misdemeanors. Our office presently attends arraignments, pre -trials and court trials, and jury trials and on these various dates many cases are scheduled together. Therefore, the cost of processing any individual case is reduced substantially. The prosecuting attorneys within Dakota County, including our office, have attempted to work out a system with the Dakota County Judges where it will not be necessary for the prosecutor to appear at the first appearance for the gross misdemeanors. However, the second appearance (omnibus hearing) and trials will be set at times different than the normal appearances made by our office. These appear- ances can only be made in Hastings. With very little upon which to base an opinion, I would estimate that the City will prosecute 20-30 of such gross misdemeanor DWI charges per year and these additional appearances will result in additional cost to the City. S1 ,City Council Page Three Finally, under existing statutes or practice, the fines obtained through the prosecution of a gross misdemeanor offense are not split between the City and the County but rather paid solely to the County. While a change in this policy may seem appropriate with regards to gross misdemeanors prosecuted by the City, no one in the Court system, County Attorney's office, or among the City prosecutors are presently aware of whether .this procedure has been altered or. may be altered without specific legislation. With the exception of the driving under the influence charges, prosecution of gross misdemeanors will remain at the County level in Dakota County. In Hennepin and Ramsey County, municipalities will begin to prosecute all gross misdemeanors as of January 1, 1983. There has been much speculation that these changes foreshadow the prosecution of gross misdemeanors at the municipal level on a state wide basis. Subject bo further discussion with the City or Police Department, our office does intend, with regards to offenses occurring after the effective date of the new legislation, April 1, 1982, to follow the new policies of requiring a straight plea to the driving under the influence charge on a first time offense and the prosecution of a second time offense as a gross misdemeanor. Thank you for your attention bo this matter. skk Sincerely, Kevin W. Eide Prosecuting Attorney - City of Eagan S -Z EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS FIRST NATIONAL-SOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS. MINNESOTA 55402 335-8281 (AREA CODE 812) File: Financial Specialists: Ehlers and Associates, Inc. Please distribute to governing body members May 1, 1982 Newsletter The bond market struggles to come back, but with even a modest improvement the pent up demand for long term funds surfaces and interest rates head up again. There is no doubt that our concern of ages ago was justified: Overuse of tax exempt financing has diluted the interest saving inherent in tax exemption. LHE WALL STREET JOURNAL Monday, April 12, 1982 ++++++++++ Minnesota general obligation municipal bond interest rate limits are now one percent above the Bond Buyer Index of 20, 20 year bonds, rounded to the next highest full percent, as detennined by the Commissioner of Finance on the 20th of each preceding month. G.O. bonds payable from special assess- ments [sic], as well as non-G.O. bonds, have a one percent higher limit (15% for April). New ideas keep entering the tax exempt bond market such as "puts", letters of credit, insurance, stepped coupon bonds, zero coupon bonds, mandatory call tern bonds, each of which is said to be a "sure" way to reduce interest rates. Some have promise, but, as with some old "new" ideas, such as deep discount bids there are apt to be trade-offs. We tend to stay with proven ways until a clear advantage is shown from novel approaches. + + + + + + + + + + Eden Prairie, Minnesota, completed its $18 million tax increment financing. Unique not only because of its size (for tax increment projects in this area, at least) and because it was insured (first AMBAC insured G.O. bonds in Minnesota), the financing is particularly noteworthy because of its pur- pose. The City will now complete an extensive complex of Federal, Interstate, State, County and City highway interchanges for which funds had dried up which will greatly improve traffic flow, public safety, the prosperity of the City's major commercial center and the City's own economic base. + + + + + + + + + + Ehlers and Associates will have an interesting seminar on May 5 on coping with city revenue problems. Invitations were limited to twelve counties in and around the metro area but some openings may remain when this newsletter is received which will be available on a first come first served basis. The cost is $15 to cover lunch and materials. This meeting will be repeated if there is a demand. Very truly yours, EHLERS Ehlers S3 NORTH DAKOTA , Grand Forks 3/15/82 Refunding Improvement Bonds 3,650M 1984-97 10.78% 13.44% Aa SOUTH DAKOTA So. Oak. Housing (I Development Authority 3/16/82 SUMMARY OF AREA BOND SALES 13,595M 1984-95 13.57% 13.44% A-1 Net Dow Municipality Date Type of Bonds Amount Maturity Rate Jones Rating MINNESOTA Reclamation Bonds 3,150M 1984-1994 10.92% Buffalo 2/22/82 G.O. Municipal Building Bonds 895M 1984-96 11.04E 13.66% A Karlstad 2/23/82 G.O. Short -Run Nursing Revenue 500M 1984 9.53% 13.66% NR Bonds Marshalltown 2/24/82 Medical Clinic Revenue Bonds 6,660M Mpls.-St. Paul Metro 2/16/82 G.0 Tax Anticipation Aa -I Waverly 3/22/82 Electric Revenue Bonds 7,100M Area (Metro Council) 12.93% Certificates of Indebt. 530M 1983 8.04% 13.81% MIG -1 Ostego 2/22/82 G.O. Improvement Bonds 255M 1983-92 11.05% 13.66% NR Eden Prairie 3/2/82 G.O. Tax Increment Bonds 18,000M 1985-2000 11.99% 12.41% A Eden Prairie 3/2/82 G.O. Improvement Bonds 4,300M 1984-95 11.38% 12.41% A Chippewa County 3/3/82 G.O. Drainage Bonds 410M 1983-97 10.78E 12.41% A South Washington 3/9/82 G.O. Aid Anticipation County ISD No. 833 Certificates of Indebt. 2,830M 1982 8.99% 13.23 NR Winthrop 3/16/82 G.O. Water and Sewer Bonds 300M 1984-88 10.06% 13.44% Baa -1 Albany 3/15/82 G.O. Improvement Bonds 67M 1983-92 11.53% 13.44% NR Dilworth 3/24/82 G.O. Building Bonds 225M 1984-92 10.97E 13.71% Baa Elk River ISO No. 728 3/30/82 G.O. Anticipation Certificates of Indebt. 460M 1982 9.01% 13.76% NR Elk River ISO No. 728 3/30/82 G.O. Tax Anticipation Certificates of Indebt. 1,100M 1983 9.20% 13.76% NR Nashwauk 3/30/82 G.O. Temporary Construction Bonds 625M 1983 9.12% 13.76% A Ramsey 3/30/82 G.O. Metropolitan Watershed District Improvement Bonds 5,290M 1984-93 10.50% 13.76% Aaa Washington County 3/30/82 G.O. Metropolitan Watershed District Improvement Bonds 1,490M 1984-93 10.71% 13.76% A Mahnomen 4/5/82 G.0 Grant Anticipation Bonds 170M 1984 9.29% 13.81% Baa St. Paul ISD No. 625 4/6/82 G.O. Tax Anticipation Certificates of Indebt. 10,050M 1982 8.94% 13.81% MIG -1 Willmar 4/7/82 Municipal Utilities Revenue Bonds 2,700M 1984-96 11.65% 13.81% A Willmar 4/7/82 G.O. Improvement Bonds 1,445M 1984-98 11.26% 13.81% A Willmar 4/7/82 G.O. Tax Increment Bonds 850M 1985-95 11.40% 13.81% A WISCONSIN La Crosse 1/28/82 Hospital Facilities Revenue Bds. (St. Francis Hospital) 4,000M 1983-91 12.59% 13.96% A Grafton 3/2/82 Promissory Un. Tax Notes 1,600M 1983-91 9.00% 12.41% A Clark County 3/3/82 G.O. Health Care Facility Revenue Bonds 8.650M 1983-91 11.62% 12.41% AA Dousman 3/3/82 Special Assessment "B" Bonds 240M 1983-91 12.62% 13.41% NR West Allis 3/16/82 Promissory Unlimited Tax Notes 13,530M 1983-92 12.08% 13.44% Al Rice Lake 3/23/82 Sewerage System Mortgage 2,000M 1984-93 12.13% 13.71% NR Bonds Holmen 3/30/82 G.O. Sewage Treatment Bonds 800M 1985-94 12.50% 13.76% Baa -1 Kenosha 4/5/82 Promissory Unlimited Tax Notes 4,240M 1983-91 11.78% 13.83 A-1 La Crosse 4/6/82 Corporate Purpose Bonds 3,530M 1984-94 11.14% 13.81% Aa Wauwatosa 4/6/82 Corporate Purpose Bonds 2,485M Promissory Notes 200M 1983-94 10.65% 13.81E Aaa Madison 4/6/82 Promissory Notes 5,400M 1983-92 10.27% 13.81% Aaa NORTH DAKOTA , Grand Forks 3/15/82 Refunding Improvement Bonds 3,650M 1984-97 10.78% 13.44% Aa SOUTH DAKOTA So. Oak. Housing (I Development Authority 3/16/82 Multi -Family Revenue Bonds 13,595M 1984-95 13.57% 13.44% A-1 2013 8 2022 Sioux Falls 3/30/82 G.O. Coupon -Water Reclamation Bonds 3,150M 1984-1994 10.92% 13.76% Aa -1 Belle Fouche 4/5/82 G.O. Water Bonds 595M 1988-94 11.91% 13.81% 3aa-1 IOWA Marshalltown 2/24/82 Medical Clinic Revenue Bonds 6,660M 1983-93 10.06% 13.66E Aa -I Waverly 3/22/82 Electric Revenue Bonds 7,100M 1983-97 12.93% 13.71% A Sac City 3/15/82 Sewer Improvement Bonds 375M 1983-94 10.48% 13.44% NR on