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10/07/1983 - City Council SpecialMEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 7, 1983 SUBJECT: SPECIAL CITY COUNCIL MEETING & INFORMATIONAL A reminder that a special City Council meeting is scheduled for Tuesday, October 11, 1983, beginning at 6:00 p.m. The first item of business will be brief 5-7 minutes of cable commission candi- dates. There are 8 persons who have submitted interest by submit- ting a letter. Those letters are attached on pages through for your review. There are also 3 persons who se ved on the previous commission who have expressed interest in being appointed to the new commission which is designed to provide the administra- tion for the new cable communications system. As a reminder, the first joint cooperative agreement that was executed under the joint powers statute for Burnsville and Eagan provided a commission to explore and jointly franchise cable communications for the two com- munities. Now that franchising has occurred, that commission is abolished by its mere action of recommending franchising to the two City Councils. The new commission will be fulfilling a dif- ferent purpose which is administration of the new cable communica- tions system and will be ongoing through the length of the franchise agreement. The City Council will be appointing four members to the commission, referenced as directors, two of which will serve a two year term and two of which will serve a one year term and then eventually all directors will serve two year terms on a stag- gered basis. There will also be the appointment of one alternate and that term is for one year. The joint agreement specifically states that the Council of each member city shall appoint by resolu- tion it four directors, one of whom may be a member of the Council and the other 3 shall be residents of the member. Therefore, the City Council may appoint a member of the City Council such as City Councilmember Smith was the City Council representative on the pre- vious commission. The City Administrator has not received the final joint cooperative agreement establishing the commission for adminis- tration of the cable communications system. Therefore, documents are not available for distribution to the City Council. City Coun- cilmember Smith is very familiar with the document and can provide certain briefing to the City Council if an applicant was to ask a question that pertains to the structure or organization of the new commission. At 7:00 p.m., the City Council will be considering some assessment appeals and that information is enclosed in a memorandum prepared by the Director of Public Works enclosed on pages 14. through The City Attorney and Director of Public Works ill handle this portion of the City Council meeting as staff members. City Council Meeting Memo October 11, 1983 Meeting Page Two INFORMATIVE Sperry Noise Complaint The City Administrator has sent a letter to Mr. Tom Nikolai and Gerry Tank discussing concerns that were expressed at the last regu- lar City Council meeting, as it relates to noise, lighting and other items that were brought before the City Council. A copy of that letter is attached for your review. Building Permit Surcharge Rebate I thought it would be interesting for the City Council to learn that the City has .received a building permit surcharge rebate in the amount of $19,472.39. September Monthly Protective Inspections Report Attached is a copy of the September Protective Inspections monthly report. Roger Franke and Jo VanOverbeke Jo VanOverbeke is doing fine, having fully recovered from her sur- gery and has sent a thank you card to be shared with the City Coun- cil. Also, for the sake of combining a copy, an article appeared in the October 5 Minneapolis Tribune that Roger Franke has resigned from Group W and was appointed the cable administrator for the North Suburban Cable Communications Commission. A copy of this article and Jo's thank you card are enclosed for your information. kwwwwi Mayor Blomquist attended the Board of Directors meeting for the AMM last evening and learned that the City of White Bear Lake has dropped its membership from AMM due to the inability of the associa- tion to formulate a joint and cohesive approach regarding local government aid. A copy of that letter is attached for your informa- tion. Also attached -is a copy of an Action Alert by the Metropoli- tan Council stating that the property tax portion of the 1984 budget was reduced. The Association of Metropolitan Municipalities should be thanked for providing pressure to the Metropolitan Council as representative of all its member cities to reduce their budget. M City Council Meeting Memo October 11, 1983 Meeting Page Three Finance Committee The Finance Committee met this past Wednesday in the conference room of the Eagan Police Department building to discuss tax incre- ment financing and the reasons for designating a housing and rede- velopment authority. The meeting was a marked success in terms of gathering information and having the ability to brainstorm and learn the aspects of tax increment financing and the reasons for recommending a housing and redevelopment authority. Dave Kennedy of the LeFevere Lefler law firm and Wayne Berggraff of Evanson Dodge will be retained by the City of Eagan as special legal counsel and fiscal consultant respectively on the tax increment issue. The City Administrator will be looking for final ratification of those consultant appointments at the October 18 meeting. The finance committee is exploring, gathering information and providing direc- tion to the consultants at this time on a number of issues such as what constitutes a development district for tax increment finan- cing, how will the tax increment financing issue benefit the City of Eagan, what is the role of the HRA, can there be a port authori- ty used in our community with this issue and many other related questions. The next meeting of the Finance Committee is scheduled for noon Thursday, October 20, at which time the committee will ask for information that can be compiled into a report specifically on the HRA for review by the City Council in preparation for the public hearing on October 27. Clerical Unit Ratification Following work yesteray, the Clerical Unit ratified the 1983-84 contract in agreement with the final proposal by the City Council. Final ratification will be, scheduled for City Council action at the October 18 meeting. ICMA Conference The City Administrator will be in Kansas City for the most part of next week. If there are any matters that need City Council at- tention, feel free to contact Holly or Tom Colbert who will be in charge in my absence. City Administrator TLH/hnd 73 - Dear Mr. Hedges; _ I am a resident of Eagan and would be very much interested in serving on the Burnsville -Eagan Cable Communications Commission. Even though I have never had any experience of servingthis on type of board before, being a fairly new resident of Eagen, I want to become involved with affairs of the community. _. I am not sure what information you may be interested in _-- - concerning my background, but I can be reached at the above address or by calling 921-1300 during working hours. "- Thankyou for consideration on the commission. :•:':.',"__, Sincerely, (Kent W. Sorenson ...:.,::,aic•: ..: kws 6 iZ333 Tom Hedges Eagan City Administrator ,Mr. Hedges, I am interested in helping serve the residents of Eagan by serving on the Burnsville -Eagan Cable Communications Commission. I moved to Eagan 21-2 years ago after living in New Brighton. My,employer for the last 4'2 years has been Iowa National Mutual Insurance Company. My job as a Commercial Lines Underwriter involves selection and pricing of business insurance. My college education was at Iowa State University in Ames, Iowa where I graduated in 1979 with a major in Marketing and a minor in Statistics. I have been continuing my education with the Chartered Property and Casualty Underwriters program which I should complete in June 1984. Please feel free to contact me at 925-4100 during business hours. I will be out of town on a business trip from October 13-29 so I will not be able to attend the October 18 City Council meeting. Thank you for your consideration and I hope to be hearing from you soon. Sincerely, "Lr Neil F. Machen 4673 Jackstone Point Eagan, MN 55122 S_ a4 - �ec l.; LL 7 ✓ Ae Z(iLCl� M UV!'L1LL��(Y, 17 Ile 'Z tH .Cr." ✓ Cr"Lc�G (.,'%��"-ce�v DiQ.�� �Ke G�L�cifl.��.a•GC� ✓ti`C�P/7 _ 023_ c<tea LQ .106t� wt� �.�- �� P-6 1, � . / 4c c•LruLL^C.�icC &, 6 pjjc 3111 Farnum Drive Eagan, Minnesota 55121 October 6, 1983 Tom Hedges Eagan City Administrator 3795 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Hedges: I am writing to express my interest in being considered for a position on the Burnsville -Eagan Cable Communications Commission. I understand that the purpose of the Commission is to coordinate the administration and enforcement of the recently -adopted franchise agreement. I have enlcosed a copy of my resume, which lists my experience as an attorney and my outside interests. I have had past experience in community activities, and I understand the way organizations of this type function. I believe that I can bring a unique perspective to the Commission, based upon my experience as an attorney and my involvement in community issues. I have lived in Eagan for about one year, am married, and have a 3 -month-old daughter. As a concerned individual and father, I have a vital stake in the future of television in our community. I would appreciate your full consideration for this position. Thank you. 7 STUART DAVID GIBSON 3111 Farnum Drive Birthdate: March 8, 1951 Eagan, MN 55121 Height: 5'10" 612/454-2285 (home) Weight: 165 lbs. 612/725-7474 (office) Marital Status: Married EDUCATION Juris Doctor, Cum Laude -- University of Minnesota Law School June 11, 1976. Grades: (16 -point scale) 13.305, Top 25% of Class Authored Article, "Comprehensive Models for Assessing Lost Profits to Antitrust Plaintiffs," 60 Minnesota Law Review 1233 (1976); Appellate Advocacy Instructor, 1975-76; National Moot Court Competition, 1975; Antitrust Seminar with Minnesota Attorney General, 1975; Law School Council. Bachelor of Science in Journalism -- Northwestern University June 16, 1973. Grades: (4 -point scale) 3.07. Major: Advertising Minor: Economics Intramural Athletics Marching Band EMPLOYMENT Senior Trial Attorney -- Internal Revenue Service, Office of District Counsel, Boston, Massachusetts and St. Paul, Minnesota. Since May 9, 1977. Tax Court Litigation: Settled over 95% of Tax Court cases before trial. Successful in nearly all cases tried in U.S. Tax Court. Criminal Tax: Highest inventory of criminal tax cases in St. Paul Office. Frequent assistance to U.S. Attorney's Office in prosecuting tax crimes. General Litigation: Expert on enforcement and defenses to I.R.S. summonses and on disclosure of tax information. Have represented I.R.S. agents under subpoena. Attorney and Law Clerk -- William E. Mullin, formerly of Mullin, Weinberg & Daly, P.A. 1976 and 1977. Assisted in litigation involving antitrust and civil rights matters. Law Clerk (during law school) University of Minnesota Law School, Appellate Advocacy Instructor. 1975-76. Analytics, Inc. Law Clerk for economic consulting firm, specializing in antitrust cases. 1975-76. Minnesota Department of Commerce, Legal Assistant to Assistant Attorney General in Securities Division. 1974-75. no STUART D. GIBSON EMPLOYMENT-RELATED ACTIVITIES Instructor• Expert Witness Training Program, St. Paul, 1981. Indirect Methods of Proof Training Program, St. Paul, 1981. Continuing Professional Education for Revenue Agents, Fargo, 1982. Continuing Professional Education for Special Agents, St. Paul, 1982. Participant• Criminal Tax Training Program, St. Paul, 1977. General Litigation Training Program, Boston, 1978. Trial Attorney Training Program, Chicago, 1980. Technical Conference, Dayton, 1981. Midwest Regional Conference, Kansas City, 1982. OUTSIDE ACTIVITIES Alumni Admissions Council, Northwestern University. Volunteer Attorney Panel, Southern Minnesota Regional Legal Services, Inc., St. Paul Treasurer and Board of Directors, Midland Grove Condominium Association, Roseville. Community Advisory Board, KSJN Radio, St. Paul ORGANIZATIONS Minnesota State Bar Association Ramsey County Bar Association Minnesota Civil Liberties Union ADMITTED TO PRACTICE Minnesota Supreme Court: October 1, 1976. United States District Court, District of Minnesota: December 6, 1976. United States Tax Court: August 4, 1978. REFERENCES Hon. Sheryl Ramstad Hvass Carol Grant, Esq. Judge of Muncipal Court Meshbesher, Singer & Spence Hennepin County Government Ctr. 1616 Park Avenue Minneapolis, MN 55487 Minneapolis, MN 55404 612/348-4740 612/339-9121 Professor Leo Raskind University of Minnesota School of Law Minneapolis, MN 55455 612/373-2851 Hart Kuller, Esq. Winthrop, Weinstine & Sexton 1800 Conwed Tower St. Paul, MN 55101 612/292-8110 ��716,9 1J T E ISE September 26th, 1983 Tom Hedges EAGAN CITY ADMINISTRATOR 3795 Pilot Knob Road Eagan, 11n. 55122 Dear Sir: I would like to be considered for a position on the Burnsville - Eagan Cable Communications Commission. . As a resident of Eagan, I have followed, with interest, the development of cable service to our two communities. I have attended several City Council meetings, but could not become involved with the early committee because of my business committments. At this point, I can bring to the new commission, twenty four years experience in broadcast, educational and corporate television. I am Vice President and a co-founder of Computer Video Productions, Inc., a Bloomington based teleproduction facility. The business base of Computer Video covers both local as well an national companies, with interests in all levels of television production, including interactive videotape and videodisc. I have, in the recent past, consulted on production capabilities proposed in Cable company franchise applications. Most recently for the Southwest twin cities suburbs and Two Rivers, Wisconsin. I look forward to talking with you concerning the commission appointments. Please contact me if you require additional information or references. My business and home numbers are listed below„ Best Regards, pv /. . Dean N. Sutliff / Business : 888-2388 Home: 452-6897 1765 Gabbro Trail Eagan, Mn. 55122 /0 1317 Clover Dr. S., All 1-35W A 494, Minneapolis. Minnesota 55420 • (612) 888-2388 ROGER G. FLING 3998 Riverton Avenue Eagan, MN 55122 (612) 454-2291 September 30, 1983 Mr. Tom Hedges Eagan City Administrator 3795 Pilot Knob Road Eagan, Minn. 55122 Dear Mr. Hedges, I wish to submit my name for possible consideration as a member of the Burnsville -Eagan Cable Communications Commission. I have been a home owner in Eagan for approximately eleven years and a businessman within the greater metropolitan area for the last twenty five years. While my experience is somewhat limited in this area, I do have a great deal of experience in telephone and computer communications systems. I also feel that my lack of experience in Cable communications may be overcome by the enthusiasm that I will bring to this very important commission. Thank you for your consideration. Sin rely, '7i> oger G. Flin October 3, 1983 Mr. Tom Hedges City Administrator 3795 Pilot Knob Road Eagan, Mn. 55122 Dear Mr. Hedges: This is my letter of application for a position on the Burnsville - Eagan Cable Communication Commission. My wife Donna and I have lived at 1253 Carlson Lake Lane, Eagan for the past 5 years and consequently satisfy the residency requirement. My background includes 20 years of electronics, data communication and data processing experience. I believe that this background would be invaluable in understanding issues and opportunities arising from the implementation and operation of a cable television service. My desire to serve on this commission stems from my interest in the many opportunities that this technology brings to the home. My part- icipation on the commission will be to help ensure that the im- plementation and operation of the cable television service is mon- itored for quality and reliable service. I will look forward to assisting the commission in the evaluation of future enhancement and expansion of the cable service also. If there should be any questions regarding my application I can be reached at home phone 452-7364 or business phone 341-6321. Si cerely, Raymond L. Stevens 13 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: PUBLIC WORKS DIRECTOR COLBERT DATE: OCTOBER 7, 1983 SUBJECT: INFORMATION FOR OCTOBER 11, 1983 SPECIAL CITY COUNCIL MEETING As the Council may recall, .during the final assessment hearing for the following projects, written objections were submitted by' the affected property owners and subsequently followed up with formal appeals certified with the clerk of district court. Subsequently, the City Council continued the public hearing for these affected parcels to a later date to follow the required procedure of evalua- ting special benefit to the parcel installed in relationship to the amount of the assessment proposed to be levied. Therefore, October 11 was established for a meeting of the City Council as a whole to evaluate the benefits in each of the following parcels._ This meeting will be conducted by the City Attorney and will be providing testimony from the consulting engineer, Public Works Director/City Engineer and the appraisers retained to evaluate the benefit for each of the parcels involved. Since this is a con- tinuation of a formal public hearing, public hearing procedure will be followed. PROJECT 297R, BLACKHAWK LAKE TRUNK STORM SEWER HORNE & HORNE DEVELOPMENT CORPORATION The original public hearing for this project was held on May 20, 1980 with the final assessment hearing being scheduled for July 20, 1982 at which time Mr. Horne submitted written objections per- taining to the proposed assessments. Subsequently, the City Council has continued this public hearing for the final assessments several times to allow Mr. Horne and the City staff to work out a mutual agreement pertaining to the resolution of this trunk storm sewer assessment. Although Mr. Horne has verbally agreed to the execution of such an agreement, staff has been unable to obtain his signature on this agreement. Therefore, it is the staff's recommendation that we proceed with the formal public hearing pertaining to special benefit relating to the final assessments as originally intended. At the final assessment hearing on October 11, City staff will be presenting documentation pertaining to the topographic layout of Mr. Horne's property and its relationship and benefit received from this project. Information is enclosed on pages through Zp . ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 297R against Par- cel #10-02100-010-01 and all of King's Wood Addition except Lot 11 and authorize the certification to the County Auditor for col- lection. Public Works Director Memo October 11, 1983 Special City Council Meeting Page Two PROJECT 182R, T.H. 55 STORM SEWER OUTLET STANLEY PIEKARSKI On November 18, 1980, the public hearing was held for the installa- tion of a trunk storm sewer outlet from the ponds located on T.H. 55 north of the Burr View Acres Addition. Upon completion of the project, the final assessment hearing was held on July 5, 1983 at which time Mr. Piekarski submitted a written objection followed by a notice of appeal to district court pertaining to his proposed assessments in the amount of $11,272 based on a net assessable area of 8.62 acres at $561 per acre after applying a 20% credit to the gross area of 10.32 acres. (Pagan Z th rough '2 ) Mr. Piekarski claims that there is no benefit derived from the in- stallation of this trunk storm sewer and that he should not be as- sessed for the. project. Enclosed on page _21 is a copy of the minutes from the April meeting of 1976 wherein Mr. Piekarski ori- ginally petioned the City for the installation of this project to alleviate his property from flooding. Staff will also be presenting pictures taken the spring of 1980 wherein again is shown Mr. Piekarski's property flooding due to lack of this storm sewer pro- ject. In addition, City staff will be presenting topographic lay- outs of his property to help determine and show the benefit received from this project. Enclosed on page is a location map of Mr. Piekarski's property in relationship to the ponds controlled by this storm sewer project. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessments for Project 182R against Parcel #10-03800-080-02 and authorize the certification to the County Audi- tor for collection. PROJECT 240, DREXEL HEIGHTS STREETS PILOT KNOB PROPERTIES The original final assessment hearing was held in September of 1980 and subsequently revised on December 16, 1980 to incorporate the additional costs incurred by the City to fulfill the developer's responsibility relating to subdivision and platting within the City. Subsequent to the December 1980 final assessment hearing, Pilot Knob Properties submitted written objections and followed through with an appeal to district court of the assessments levied. Through court proceedings, district court determined that the City did not follow the proper procedure in determining benefit to the property in question. Therefore, the City Attorney is recommending that we proceed with this new final assessment hearing to discuss the benefit received from the improvements installed in relationship to the assessment in the amount of $4,467.50 per lot for the 24 I JI Public Works Director Memo October 11, 1983 Special City Council Meeting Page Three lots within the Drexel Heights subdivision. There is no additional information that can be provided at this time that has not already been presented at several previous hearings. Enclosed on page is a copy of the Drexel Heights subdivision for Council's reference. ACTION TO BE CONSIDERED ON .THIS ITEM: To close the public hearing for Project 240 and approve the assessments in the amount of $4,467.50 per lot to all 24 lots within the Drexel Heights subdivi- sion and authorize the staff to certify the assessments to the Coun- ty Auditor for collection. 16 SAC 8/30/82 B. PROJECT 297, BLAC HAWK LAKE OUTLET - ASSESSMENT OBJECTION i 6. James and Arvella Horne (Parcel No. 10-02100-010-01 and King's Wood Addition Horn,- D] uv lnn nr rnV rAi-inn e..� r,. BACKGROU m IIm'ORNF noN Enclosed on Page 9 / is a copy of the written notice of objection that was sub- mitted by Mr. Horne at the final assessment hearing held on July 20, 1982. En- closed on Page Jag- is a referenced location map showing the relationship of these parcels to the overall assessment area for Project 297. Mr. Horne's first objec- tion pertains to a procedural requirement pertaining to notification of public hearing for the project which was held on May 20, 1980. This contention is correct in that these parcels were inadvertently omitted from the official individual par- cel notification for that public hearing. However, formal notices were published in the legal newspapers and this area is, in fact, included within the proposed and designated area assessment for Project 297. Their second objection, pertains to trunk area storm sewer assessments against pro - pe 'y that "can contain its present and future water drainage". Enclosed on Page 33 is the location of this property in relationship to the drainage basin and ex sting storm sewer facilities that presently service this property. The present pond (JP -5) that is contained within portions of Mr. Horne's and Horne Development Corporation's property presently has a positive storm sewer gravity outlet provi- ding direct drainage into Blackhawk lake. The gross acreage of parcel 10-02100- 010-01 is 27.59 acres. 7/10 of an acre was deducted for the existing pond (JP -5) and a 20% credit was applied for potential future right-of-way and easement dedi- cations. This resulted in a net assessable area of 21.51 acres (936,975 square feet) which was assessed at the agricultural rate of 3.4C per square foot. This resulted in an assessment figure of $31,857.17. All lots within the King's Wood Addition were assessed at the single family/agricultural rate based on their ac- tual square footage. These assessments ranged from $442.00 per lot to a maximum of $3,213.00 per lot for Outlot 3 (2.17 acres). If Mr. Horne will not agree to a waiver of the procedural requirement of individual public hearing notification, the City should pursue a new public hearing process: with a new final assessment hearing. However, because the property owned by Mr. Horne, or Horne Development Corporation, lies within the drainage basins benefited by the Blackhawk lake Outlet and due to the fact that the pond lying within this property (JP -5) has a positive storm sewer gravity outlet into Blackhawk lake, the staff feels that the assessments should remain as determined and presented at the final assessment hearing held on July 20, 1982. conlalns Doti e .-��,�� p pI� �zw �• C�. 17 PK'_ PRa7I- 297 — AssmsET AREA Ll WO `_ •`` ~�'/ ;SC C a�l.. 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'v�-3VLv L_7 k/ li " B 9 II V-2 (� J-65' J r / _2 'B I i B•7' / ' u Jf�L 8-24. 8-23`10 .. ).vmn •,,r;,'.Ln _ �r - ,, 71 -'JC�.F ;:i�-•�-1,..,`ti x:.,113 /�A'13 v -33 ' .�/A-3a 9.27.: 1.• ••.. �, B - r „ • , f"... • ..\ l ^_ _ . \ A�/ i� J .: 5.28�/�y ,�.9-la ate. •`. ��1 ..r- Ift 4 �: r.r\/8:I Bc15 -•�. `�4':� r �� �o•?is�,•�r�.:•..'� - - �. _'_ 8_3-~�`-'Z��51 _Rn�.�_ �IL u� _ i r�B116 I,1�\_c ��••-, `'\�,'-.._ :•l ���ttii=� 8-22 —/�'� �i-r•� T'-'i—�'Ti��-T ..��: •�' A-34 ` }h� , I • I .. v .j '�`��/ r ••L-qn ,.�., ,� 1 8-20 and no backing onto either service road adjacent to Country Club or Highway #13; further that there would be no more than two driveway access locations to the parcel. SPECIAL PERIfIT FEES. Upon motion by Smith, seconded Rahn, all members votin', yes, it was RESOLVED to authorize a fee schedule for special permits under Ordinance #52 consisting, of $50 for the original permit and $25 for annual re- newals. BURR OAR AREA DRAINAGE. Mr. Stan Pikarsky appeared and reported serious drainage problems on his property immediately North of Highway #155 in the Burr Oak area created flooding on his land. He requested that a study be prepared for storm sewer to provide for outflow to the Burr Oak Lake to the South. Rahn moved and Smith seconded a motion to authorize the City Engineer to prepare a prelimi- nary report and to report back to the City Council. PROJECT #174 - CEDAR INDUSTRIAL PABX STORII SEWER. The City Engineer indicated that there was no final response from the MCC concerning its request for contri- bution for tha installation of a proposed storm sewer near Commanche Road. Wachter moved and Rydrych seconded the motion that the City Council take no action on Project #174 until an affirmative response is received from the NRICC concerning contribution for the cost of the projects, and that the final decision in the matter be tabled until such time. PROTECT #1uS - SIBL EY TERNIMAL ii.,^,USTRIAL P:\ I: STO a SMIER PROJSCT. The City Engineer recommended that Phase 1 of the project, consisting of a trunk to the railroad tract: and a subtrunk to the rear of the 'Murphy Trucking area, be in- stalled at the present time. He further stated that there has been no answer from the Minnesota Highway Department concerninn its contribution. Polzin moved and Rahn seconded the motion to install Phase 1 of Project #168. A letter from Pre :tuna doors was read objecting to the project and a repre- sentative from Murphy Trucking appeared and requested an extension of time to -7- a JOSEPH PERRY qq .N�forney at June 30, 19113 City Cleric 3795 Pilot Knob Road Eagan, 1,1n. 55122 Re: Stanley Piekarski. property. PRL,,r. i Sa 3350 Highway 55 Eagan, 14n. 55121 Dear Clerk: B03 COMMERCE BUILDING ST. PAUL. MINNESOTA 55101 222-6896 VJe are filing a written objection pursuant to R'iin- nesota Law before the assessment hearino on July 5, 1953 at 7:00 p.m. The grounds of our objections are: 1) We have not received any benefits from this, only additional hardships. 2) That private property .is being used raithout due compensation. 3) That the property has been damaged first by the highway department and secondly by the city of Eagan in the, use of the property v:ithout oerrais- sion, without compensation, and contrary to the laws and the constitution of the State of Min- nesota. 4) We believe that any assessmenL for any storm sel:rer improvement that has be -n contemplated and has actual- ly completed is illegal and unconstitutional. ctiycly SI -1141 Lt - re d torri'ey for �bCi owner. I , Stanley/T. Piekarski. a2 �b etQ,� � STATE OF MINNESOT a0 J 3 r COUNTY OF DAKOTA Q Mr. and Mrs. Stanley Piekarski, Appellants, VS. City of Eagan, Respondents. DISTRICT COURT FIRST JUDICIAL DISTRICT NOTICE OF APPEAL Now comes the Appellants and alleges the following: I. The Appellants own in Joint Tenancy homestead property located at 350 Highway 55, Eagan, Mn. 55121. II. That the Respondents are attempting to illegally procure an assessment against said real property in the amount of $11,272. That at all time the Appellants have conformed with Min- nesota law and profected their appeal rights and are hereby appealing to the above Court on the grounds: 1. That said assessments is not a benefit to said prop- erty, but creates additional hardships. 2. That private property is being used without just corrr- pensation contrary to law, the state and federal con- stiution and fairness. /011 n 3. That the property has been damaged first by the highway department and secondly by the city of Eagan in the use of said propery without permission, without conpens- ation, contrary to the laws and constituiton of the state and federal law. 4. that the assessment for a storm sewer improvement was illegal and unconstitutional. IV. Wherefore, Appellant prays for a judgment against said Respondent for the following: 1. For a dissimissal of this assessemnt .against appel lant's property. 2. For legal fees in preventing this action, and costs and disbursements incurred herein. 3. For any other remedy the Cour ems just and equit able. (\ pn yerry tt rney for App lants 8 Commerce Bldg. St. Paul, Mn. 55101 222-6896 COUNTY -----STATE----'°'-----AID —� HIGHWAY — — 0 ,r::.-. •; �"\ i � Jit;, M.,9E'.,.: � . - City of Eagan c ;fir y� i ..r.i Jet (°ii 'r:rgy:�: 3: •3. I-rl �l�' 012-00 /9 /b♦ v ' s" :v y.. •a'r I '-A —___S 45.04. •w-•+ o:. Aff .G � _r `„ �� i- :r:.l Je5011-00 :r...:+• . 4 ,. ax.li.�h of �t9m _ _° D!�� Nu:5�1:' _ y „p+� •' ,. d s Oi =00 Pm 1 Dow^ City of Eagan F _ \ =ro o i<JJ R %�• :h' .� City of 4.:•>Y-, �it U6w\a' v 020-00 / Eagan 'r rrs 5;. �� •J b_ ZQ, \A '. �` �d �::.. .( , `\ Ca0. 030-00 - i� n°i q S;-_ 5 �1 r\;( ��"•+'`, �t r\r�\•� .II Ifi / . �.�saist td`r L -f 01��-azCity of Eagan ;e o®�' / 010-00 i 1 Tit^ LAK I •O .+ •i';., \ d " . Y I >I le i ° s:EC\ < ,l HCl!: Pt 1 R 4 _�� oa VV r+`.T 't,.•n �� � C}• +J,.��, ir4. �: 5:%}. s .030-00 •,1 City of Eagan 1'1 f 1 r+ ® I- t 4 ,� Via. nDo� 1, . E 1a + e+a a '..''. f r•`x• /� 1 n N x y I w s ..• I �� �r -r- ola 8-a2 Pi , O� ° rte• wDR` g f;�a �° + _ t.r-r -S f R 3 . X: r • R } " +Q V'y`. +a• '''1 .,.�.p; p •' !, a ., Y 'c t' •...; a 1 rn 040_52 ' ji s 30� t . r. . ' Il •S. N,S_, Q 4d6 — •rY¢nC �'•K9A-- • tt 6'; C d� � ..F Y Ygg dI" �• o Is � 9 M1 t � � , fI, September 29, 1983 Chairman of the Board Association of Metropolitan Municipalities 183 University Avenue E. St. Paul, MN 55101 c/o Vern Peterson Dear Chairman: i v.s The City Council of White Bear Lake during its budget hearings this last week voted to withdraw our membership in the Association of Metropolitan Municipalities. Their decision was the -result of two concerns. First we'must exnresG our r ncerr�uii;h the ;+ of the Association to formulate a joint cohesJive__apprnarh +., tkie questionof state unding o ocal government. We believe that tfie Association; -because of the diversity of its membership, is paralyzed on these critical issues. Secondly, the City is faced with tha choice of where to appropriate its available funds for a lobbying effort which would have the greatest impact. We believe that those funds would be better spent.with a group of cities that have common interests and objectives. I personally appreciate the work that has been done by the Association in past years and realize the difficult situation the organization finds itself in due to economic uncertainties at the state level and the diverse composition of the Association. On behalf of the White Bear Lake City Council, BGS:im ly, cc: City Council of White Bear Lake a7 4820 Cook Avenue 9 While Bear Lake, Minnesota 55110 9 Phone (612) 429-8526 For Immediate Release: 1984 Work Program And Budget Approved For more information contact the Public Information Office 612/291-6464 Ken Reddick 291-6422 Friday, ' Sept. 23, 1983 The Metropolitan Council voted Thursday to out the property tax portion of its 1984 budget by $175,000. Council Chairman Gerald Isaacs said the action lowers the projected increase in Council revenue from property tax sources from 8.3 percent to 5.2 percent. "This is below the average increase of 6.3 percent in municipal budgets that the Association of Metropolitan Municipalities had urged us to meet, and is a fiscally sound and responsible move on the Council's part," Isaacs said. The action reduces the amount that must be raised through the agency's regionwide mill levy from $6.06 million to $5.89 million. The overall 1984 Council budget totals $10.91 million. The Council is authorized by law to levy up to .267 (8/30ths) of one mill. The reduction means the agency will be levying .258 mill. The 1984 Council budget compares with a 1983 budget,,as amended, of $9.96 million. The original 1983 budget was $9.38 million. In related actions Thursday, the Council cancelled more than $30 million in property tax levies for sewer and park debt retirement purposes. Resolutions V adopted by the Council authorize the use of $31.3 million in the Council's Sewer Bond Fund and $1.57 million in its Parks and Open Space Fund to pay principal and interest on outstanding regional sewer and park system bonds. more Money in the sewer fund comes from payments from municipalities and from charges against other users of the regional sewerage system. The park funds were provided by the Minnesota Legislature to finance the retirement of debt incurred in connection with acquisition and development of the regional parks system. If sufficient money is not available to handle the sewer and park debt payments, the Council is,required by 'law to raise it through the property tax. The largest proportion of 1984 Council revenues, 66 percent, will come from local sources, primarily the property tax. The federal share of the budget, a rapidly declining source in recent years, is pegged at 30 percent. This compares with more than 60 percent in 1979. The state share of Council revenues is less than four percent. The work program outlined in the budget was described by Isaacs as "comprehensive and ambitious." Priority items include revision of several major regional policy plans, including those on growth and development, health, housing, aviation, solid waste, and parks and open space. Other activities include preparation of a new regional plan, on economic development; completion of plans for services to aging people; the beginning of a comprehensive study of barge fleeting and water transportation; and the first inventory of all land use in the Region since 1962. The budget calls for an increase of six people in the Council's staff complement, raising the total to 217. This is a decrease from 238 in 1980. -30- �: ':<���' .•.. ;?;� �"`i �S�i' ;y'•. ': .?�a'i ::}'I :� r :'� i.�.. .Ci {p Franke, a former aide to Govs. Wen- dell Anderson and Rudy Perplch, will assume the post Nov. 1. During three'years at Group W, Franke was the company's Minnesota franchis- Ing manager and director of commu- ally affairs for Its six Twin Cities cable -television franchise areas. Franke represented the company during the 1982 fight for the subur- ban Ramsey County cable franchise. Group W, a wholly owned subsidiary 7 of Westinghouse Electric Corp., beat out Storer Cable and United-Zylstra Communications Co. for the 15 -year franchise to bring able television to Arden Hills, Falco Heights, Lauder- dale, Little Canada, Mounds View, New Brighton, North Oaks, Rose- ville, St. Anthony and Shoreview. He has continued to represent Group W . before the commission during construction of the suburban Ram. e more expensive dual cable system the company promised. Group 'W officials did meet with commission chairman Tom Curley Sept: 17 to discuss that, but Curley rejected the suggestion. Group W Area Manager Terry Shu- ster said he was surprised and "most unhappy" to find Franke's letter. of resignation on his desk Tuesday ,morning. But hp said they part on. good terms. Commission attorney Tom Creighton said Franke's hiring does not pose any conflict of interest problems, ei- ther to the commission or Group W. "The conflict question was discussed, certainly. First of all with respect to his contractual obligations to Group W there Is .... no problem. And, 'second, from our point of view, we .felt that his knowledge of the people In Group W would be to our advan. tage." djPcs TR 9 /a -r -e j Cable official quits to join overseer: ®f ex -employer' 1 By Paul Gustafson Staff Writer sey County system, which Is sched- .' uled to be completed in May 1984. A top local official with Group W His desire .to return tolpublicseclor Cable resigned late Monday to be- employment, and the chance to help come cable administrator for the North Suburban Cable Communica. ^ oversee the operation of a first -rale .:cable television'system, led him to tions Commission, the group that reg- ulates Group W's sble system in 10 apply for the commission job, Franke said. ' cities of suburban Ramsey County, -' .,.°: •'^! Roger Franke's switch from compa- Schmidt said that "Roger knows.the 'Inner operations of Group W, and he ny official to company regulator sur- knows that franchise agreement :..: prised Group W officials and delight- (Group W officials) won't be able to ed cable commissionmembers, some of whom view his hiring as a .: snowball him one bit, and therefore they won't be able to snowball the way to ensure that Group W lives up commission."- Schmidt said he's wor- to Its franchise obligations. rled, for example, that the company ' Franke is "kind of our special insur- is falling behind Its construction schedule. r••, - ance policy" to make sure Group W I -:, , . ,. lives up to Its agreement to build "a Cable commission members became Cadillac cable system" for the 10 suburbs, said vice chairman Steve upset last month when they heard rumors that Group W officials might Schmidt, a New Brighton council- "' -. " approach them with a proposal to man. build only a single cable system, to- stead of th Franke, a former aide to Govs. Wen- dell Anderson and Rudy Perplch, will assume the post Nov. 1. During three'years at Group W, Franke was the company's Minnesota franchis- Ing manager and director of commu- ally affairs for Its six Twin Cities cable -television franchise areas. Franke represented the company during the 1982 fight for the subur- ban Ramsey County cable franchise. Group W, a wholly owned subsidiary 7 of Westinghouse Electric Corp., beat out Storer Cable and United-Zylstra Communications Co. for the 15 -year franchise to bring able television to Arden Hills, Falco Heights, Lauder- dale, Little Canada, Mounds View, New Brighton, North Oaks, Rose- ville, St. Anthony and Shoreview. He has continued to represent Group W . before the commission during construction of the suburban Ram. e more expensive dual cable system the company promised. Group 'W officials did meet with commission chairman Tom Curley Sept: 17 to discuss that, but Curley rejected the suggestion. Group W Area Manager Terry Shu- ster said he was surprised and "most unhappy" to find Franke's letter. of resignation on his desk Tuesday ,morning. But hp said they part on. good terms. Commission attorney Tom Creighton said Franke's hiring does not pose any conflict of interest problems, ei- ther to the commission or Group W. "The conflict question was discussed, certainly. First of all with respect to his contractual obligations to Group W there Is .... no problem. And, 'second, from our point of view, we .felt that his knowledge of the people In Group W would be to our advan. tage." PROTECTIVE r[SPFCTI_O::S mnNTHLY RPPORT NUMBER OF PER`:ITS ISSUED Building SEPTEMBER, 1983 Year -To -Date I\S_PECTION/OFFICE HOURS 96 77588 Building This ?[onth Year -To -Date Plumbing 5 300. 1,819.5 Water Softener 153.5 1,169.5 Administrative/Office 79.0 625.5dministrative/OfEicc Fire Marshal 3g,p 38.0 421.0 Miscellaneous 6 364.5 Ceneral Office .p 36.5 Perrit Processing 163.5 1,542.0 84,513.25 139.0 1,053.0 NUMBER OF PER`:ITS ISSUED Building This ?'onth Year -To -Date Electrical 96 77588 Plumbing 760 hVAC 61 617 Water Softener 87 9 512 Well, Cesspool, Septic Tank 6 31 Signs Total Fee* 19 Single Family 5 27 NATURE OF BUILDING PERMITS ISSUED YTD MONTPLY 1933 Tvnc Permits Valuation Permit Fce _ Plan Chr_ck Fee Total Fee* 397 Single Family 47 $ 3,196,000.00 $ 15,799.50 $ 7,899.75 84,513.25 56 Dl17Ie:{ 4 $ 214,000.00 $ 1,171.00 $ 585.50 $ 7,003.50 123 Multi-Family20 $ 889,000.00 $ 2,989.50 $ 1,494.75 $ 27,42S.75 13 Co.-aercial 1 $ 87,000.00 $ 394.00 $ 197.00 $ 1,909.50 2 Industrial 0 0 0 0 p 0 Institutional 0 0 —_— 0 — 0— p 21 Res. Carne_ 5 $ 30,500.00 $ 258.50 0 $ 304.00 _ 9 Swim. Pool 1 $ 6,000.00 $ 56.50 0 $ 59.50 154 :lie_ce_llnncous TOTALS 18 96 $ 73,600.00 $ $ 744.50 21,443.50 $ 52.25 $ 2,794.75 775 $ 4,496,100.00 $ 10,229.25 -- $ 124,313.-5 - YFAP.-TO-DATE. 1953 $50,264,400.00 $222,621.00 $105,361.50 $1,268,715.14 * Total Fees Include: P.uilding Permit Fee, Sur -Charge, Plan C`ieck Fee, SAC Unit Fee, Water Connection Fee, Water Meter Fee and Road Unit Fee. 33 PRorEC'1'1VIE INSPIECTIONS - ADDITIONAL MON'I'IILY 1NFORI•IATION SEPTEMBER, 1983 LTI-FAMILY 11AFAKDO1114 ERCIAL, INDUSTRIAL MD INSTITUTIONAL BREAKDO1.3J 1; iIdin_C Permit :'' MIE11+er of Number of Number of AI•IOUNI'S 01 V n Check Scrviee flan (:I:ecl, 10-03500-010-01 I I'C PelmitsB11i Idi TIPS U11 is Valuations Permit FCCS Charge FCCS TOLa] I'CC* 10111' Unit 175,917,50 "OTE: FIVE BELOW LISTED AS "M SCELLANEOUS" N "NATURE OF 13JILDING PERMITS 14 Sur -Charge - $ s Ic1:111101:50 4 1. 4 $176,000.00 $1,024.00 $ 88.00 $ 512.00 $ 6,764.00 Eight Unit $ 15.00 *Total Fee - 720 Blue Gentian Rd. 4'arren8473 1'olmhcusc 0 0 0 0 0 0 0 0 i i ApirtmcnLs or $ 74.50 0 $ 79.00 8515 1--.8511--l-3883-Beall 3500 Dodd Rd. $ 9,000.0074.50 Co. �OO.G Condominiums 16 1 16 $713,000.00 $1,965.5 .50 $ 982.75 $20,664.75 TO'I'A1.S '-0 2 20 $889,000.00 $2,989.50 E$444.50 $1,494.75 $27,428.75 ERCIAL, INDUSTRIAL MD INSTITUTIONAL BREAKDO1.3J 1; iIdin_C Permit :'' -- ddress legal 860 Cliff Road Ol;ncr Valuations Dakota Permit FeeFees AI•IOUNI'S 01 V n Check Total Fccs• 8482 10-03500-010-01 County $87,000.00 $394.00 $33 197.00 $1,909.50 60 Rcs. Garage - 18 Bldg. Permit Fee - $ 175,917,50 "OTE: FIVE BELOW LISTED AS "M SCELLANEOUS" N "NATURE OF 13JILDING PERMITS 14 Sur -Charge - $ 3375 Mike Collins Ur Eight Unit - 88 Miscellaneous - 155 — 8457 L25-28,B4,Eag.Ind.#4 Unitog $ NA $ 15.000 q43$1c97CO11c" TO ]'A[, - $ 15.00 *Total Fee - 720 Blue Gentian Rd. 4'arren8473 $ 18.00 L1,B2,Aud.Su6. 31 4065 Old Sibley Rwy. Eustis Iious $ 800.00 thern $ 17.50 0 8505 10-01900-031-52 . Gas $ 9,000.00 1�;Ahlecraft $ 74.50 0 $ 79.00 8515 1--.8511--l-3883-Beall 3500 Dodd Rd. $ 9,000.0074.50 Co. �OO.G X50 0 0 $_79.00_ $ 0.00 10R% Tn9'AI C I_ VUlu NU:IBBR 017 BUILDING PLRHI'I'S 15SUIiD J AI•IOUNI'S 01 V -UU%I Iol,s 8 Flili'; stnglc Family - 224 Ind%Comm/]nstit, - 9 Valuation - $33 91i,75'.OU Duplex - 60 Rcs. Garage - 18 Bldg. Permit Fee - $ 175,917,50 Four Unit - HIS Swimming Pool - 14 Sur -Charge - $ 16,0S.1.0(1 Eight Unit - 88 Miscellaneous - 155 Plan Check Fee - $ S4,830.7S Apt/Condo - 0 TO ]'A[, - 676 *Total Fee - $ 945,036.45 VUlu 3795 PILOT KNOB ROAD, P.O. BOX 21199 BEA BLOMCUIST EAGAN• MINNESOTA 55121 Moo -,C, PHONE: (612) 454-8100 THOMAS EGAI I JAMES A. SfAIH JERRY iHGiFAS October 6, 1983 HEODOR.,-.j !•CHiER THOMAS HEDGES G;r ncmnsac:w EUGENE VAN 01/EREEKE MR THOMAS J NIKOLAI Ct,cle" 1504 RED CEDAR RD EAGAN MN 55121 MR G W TANK MGR FACILITIES PLANNING SPERRY CORP CPTR SYSTEMS SPERRY PARK, P 0 BOX 43525 ST PAUL MN 55164-0525 Re: Concerns Expressed by the Timberline Neighborhood 8 Eagan Ci u Concil Regarding Excessive Noise Generated by the Semicondu Facility Located on the Sperry Park Site Within The City of Dear Mr. Nikolai and Mr. Tank: At the last regular meeting of the Eagan City Council that was held on Tuesday, October 4, 1983, the City staff was directed to work specifically with a representative of both the Timberline Addition and Sperry in an effort to minimize the impact the semiconductor facility is creating on the welfare of the adjacent Timberline Addition neighborhood. The concerns that have been raised by the Timberline neighborhood and addressed by the Eagan City Council are as follows: 1) The onsite security and operations lighting for the semiconductor facility is reflecting outside of the Sperry Park property onto the adjoining neighborhood. The City Council stated a solution at the City Council meeting to confine all lighting in a controlled, reflective manner so there is no impact on the adjoining neighborhood. 2) The 300 - foot greenway that was originally proposed for the semiconductor facility should be researched, reviewed and a determination made as to whether that condition is in conformance with conditions set forth in the preliminary plat and planned unit development agreement. Mr. Dale Runkle of the City's Planning Department will review these agreements with Mr. Tank and provide a response for a later meeting. 3) The noise level generated by blowers, fans and other mechanical equipment is creating a nuisance for the adjacent neighborhood. An immediate solution was directed by the City Council to construct some type of wood screen device for the purpose of diverting noise in a south, southeast, or southwest fashion. This device would be a simulated noise 03 THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY CITY OF EAGAN/THOMAS NIKOLAI & G. W. TANK October G, 1983 Page 2 absorption device and used as an experiment. 4) The City Council also asked that a long-term and permanent solution be developed to restrict or minimize noise impact on the Timberline Addition. 5) The City Council, for the benefit of the neighboring Timberline Addition, would like information about the hours of operation as to when truck traffic is to be expected which services the semi conductor facility. The City Council would like efforts to be made by Sperry to minimize the amount of truck trips that are generated during nighttime and weekend hours. 7) Landscaping to consider berms, trees, and other types of ground covering should again be reviewed as it relates to the berm that was constructed on Sperry property adjacent to the Timberline Addition. A meeting is scheduled for 4:00 P..M., Thursday, October 20, in the office of the City Administrator to discuss these items in more detail. Any efforts that can be made by Sperry to prepare some measures to resolve any of the problems that were discussed at the City Council meeting prior to the meeting scheduled for October 20 would be greatly appreciated. Those persons invited to the meeting include the City Planner, Mr. Dale Runkle, the both of you, and myself. If another neighbor of the Timberline Addition or employee of Sperry is felt to be appropriate, they are certainly invited and welcome to attend this meeting. The meeting is scheduled in an effort to work cooperatively as a corpora- tion, neighborhood, and City to resolve these problems to the best of everyone's satisfaction. Thank you for your cooperation. (� Sincerely, � \.Oma" •Y��` &c0%� Thomas L. Hedges City Administrator cc: Dale Runkle, City Planner TLH/kf MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 7, 1983 SUBJECT: SPECIAL CITY COUNCIL MEETING & INFORMATIONAL A reminder that a special City Council meeting is scheduled for Tuesday, October 11, 1983, beginning at 6:00 p.m. The first item of business will be brief 5-7 minutes of cable commission candi- dates. There are 8 persons who have submitted interest by submit- ting a letter. Those letters are attached on pages through for your review. There are also 3 persons who se ved on the previous commission who have expressed interest in being appointed to the new commission which is designed to provide the administra- tion for the new cable communications system. As a reminder, the first joint cooperative agreement that was executed under the joint powers statute for Burnsville and Eagan provided a commission to explore and jointly franchise cable communications for the two com- munities. Now that franchising has occurred, that commission is abolished by its mere action of recommending franchising to the two City Councils. The new commission will be fulfilling a dif- ferent purpose which is administration of the new cable communica- tions system and will be ongoing through the length of the franchise agreement. The City Council will be appointing four members to the commission, referenced as directors, two of which will serve a two year term and two of which will serve a one year term and then eventually all directors will serve two year terms on a stag- gered basis. There will also be the appointment of one alternate and that term is for one year. The joint agreement specifically states that the Council of each member city shall appoint by resolu- tion it four directors, one of whom may be a member of the Council and the other 3 shall be residents of the member. Therefore, the City Council may appoint a member of the City Council such as City Councilmember Smith was the City Council representative on the pre- vious commission. The City Administrator has not received the final joint cooperative agreement establishing the commission for adminis- tration of the cable communications system. Therefore, documents are not available for distribution to the City Council. City Coun- cilmember Smith is very familiar with the document and can provide certain briefing to the City Council if an applicant was to ask a question that pertains to the structure or organization of the new commission. At 7:00 p.m., the City Council will be considering some assessment appeals and that information is enclosed in a memorandum prepared by the Director of Public Works enclosed on pages 14. through The City Attorney and Director of Public Works ill handle this portion of the City Council meeting as staff members. City Council Meeting Memo October 11, 1983 Meeting Page Two INFORMATIVE Sperry Noise Complaint The City Administrator has sent a letter to Mr. Tom Nikolai and Gerry Tank discussing concerns that were expressed at the last regu- lar City Council meeting, as it relates to noise, lighting and other items that were brought before the City Council. A copy of that letter is attached for your review. Building Permit Surcharge Rebate I thought it would be interesting for the City Council to learn that the City has .received a building permit surcharge rebate in the amount of $19,472.39. September Monthly Protective Inspections Report Attached is a copy of the September Protective Inspections monthly report. Roger Franke and Jo VanOverbeke Jo VanOverbeke is doing fine, having fully recovered from her sur- gery and has sent a thank you card to be shared with the City Coun- cil. Also, for the sake of combining a copy, an article appeared in the October 5 Minneapolis Tribune that Roger Franke has resigned from Group W and was appointed the cable administrator for the North Suburban Cable Communications Commission. A copy of this article and Jo's thank you card are enclosed for your information. kwwwwi Mayor Blomquist attended the Board of Directors meeting for the AMM last evening and learned that the City of White Bear Lake has dropped its membership from AMM due to the inability of the associa- tion to formulate a joint and cohesive approach regarding local government aid. A copy of that letter is attached for your informa- tion. Also attached -is a copy of an Action Alert by the Metropoli- tan Council stating that the property tax portion of the 1984 budget was reduced. The Association of Metropolitan Municipalities should be thanked for providing pressure to the Metropolitan Council as representative of all its member cities to reduce their budget. M City Council Meeting Memo October 11, 1983 Meeting Page Three Finance Committee The Finance Committee met this past Wednesday in the conference room of the Eagan Police Department building to discuss tax incre- ment financing and the reasons for designating a housing and rede- velopment authority. The meeting was a marked success in terms of gathering information and having the ability to brainstorm and learn the aspects of tax increment financing and the reasons for recommending a housing and redevelopment authority. Dave Kennedy of the LeFevere Lefler law firm and Wayne Berggraff of Evanson Dodge will be retained by the City of Eagan as special legal counsel and fiscal consultant respectively on the tax increment issue. The City Administrator will be looking for final ratification of those consultant appointments at the October 18 meeting. The finance committee is exploring, gathering information and providing direc- tion to the consultants at this time on a number of issues such as what constitutes a development district for tax increment finan- cing, how will the tax increment financing issue benefit the City of Eagan, what is the role of the HRA, can there be a port authori- ty used in our community with this issue and many other related questions. The next meeting of the Finance Committee is scheduled for noon Thursday, October 20, at which time the committee will ask for information that can be compiled into a report specifically on the HRA for review by the City Council in preparation for the public hearing on October 27. Clerical Unit Ratification Following work yesteray, the Clerical Unit ratified the 1983-84 contract in agreement with the final proposal by the City Council. Final ratification will be, scheduled for City Council action at the October 18 meeting. ICMA Conference The City Administrator will be in Kansas City for the most part of next week. If there are any matters that need City Council at- tention, feel free to contact Holly or Tom Colbert who will be in charge in my absence. City Administrator TLH/hnd 73 - Dear Mr. Hedges; _ I am a resident of Eagan and would be very much interested in serving on the Burnsville -Eagan Cable Communications Commission. Even though I have never had any experience of servingthis on type of board before, being a fairly new resident of Eagen, I want to become involved with affairs of the community. _. I am not sure what information you may be interested in _-- - concerning my background, but I can be reached at the above address or by calling 921-1300 during working hours. "- Thankyou for consideration on the commission. :•:':.',"__, Sincerely, (Kent W. Sorenson ...:.,::,aic•: ..: kws 6 iZ333 Tom Hedges Eagan City Administrator ,Mr. Hedges, I am interested in helping serve the residents of Eagan by serving on the Burnsville -Eagan Cable Communications Commission. I moved to Eagan 21-2 years ago after living in New Brighton. My,employer for the last 4'2 years has been Iowa National Mutual Insurance Company. My job as a Commercial Lines Underwriter involves selection and pricing of business insurance. My college education was at Iowa State University in Ames, Iowa where I graduated in 1979 with a major in Marketing and a minor in Statistics. I have been continuing my education with the Chartered Property and Casualty Underwriters program which I should complete in June 1984. Please feel free to contact me at 925-4100 during business hours. I will be out of town on a business trip from October 13-29 so I will not be able to attend the October 18 City Council meeting. Thank you for your consideration and I hope to be hearing from you soon. Sincerely, "Lr Neil F. Machen 4673 Jackstone Point Eagan, MN 55122 S_ a4 - �ec l.; LL 7 ✓ Ae Z(iLCl� M UV!'L1LL��(Y, 17 Ile 'Z tH .Cr." ✓ Cr"Lc�G (.,'%��"-ce�v DiQ.�� �Ke G�L�cifl.��.a•GC� ✓ti`C�P/7 _ 023_ c<tea LQ .106t� wt� �.�- �� P-6 1, � . / 4c c•LruLL^C.�icC &, 6 pjjc 3111 Farnum Drive Eagan, Minnesota 55121 October 6, 1983 Tom Hedges Eagan City Administrator 3795 Pilot Knob Road Eagan, Minnesota 55122 Dear Mr. Hedges: I am writing to express my interest in being considered for a position on the Burnsville -Eagan Cable Communications Commission. I understand that the purpose of the Commission is to coordinate the administration and enforcement of the recently -adopted franchise agreement. I have enlcosed a copy of my resume, which lists my experience as an attorney and my outside interests. I have had past experience in community activities, and I understand the way organizations of this type function. I believe that I can bring a unique perspective to the Commission, based upon my experience as an attorney and my involvement in community issues. I have lived in Eagan for about one year, am married, and have a 3 -month-old daughter. As a concerned individual and father, I have a vital stake in the future of television in our community. I would appreciate your full consideration for this position. Thank you. 7 STUART DAVID GIBSON 3111 Farnum Drive Birthdate: March 8, 1951 Eagan, MN 55121 Height: 5'10" 612/454-2285 (home) Weight: 165 lbs. 612/725-7474 (office) Marital Status: Married EDUCATION Juris Doctor, Cum Laude -- University of Minnesota Law School June 11, 1976. Grades: (16 -point scale) 13.305, Top 25% of Class Authored Article, "Comprehensive Models for Assessing Lost Profits to Antitrust Plaintiffs," 60 Minnesota Law Review 1233 (1976); Appellate Advocacy Instructor, 1975-76; National Moot Court Competition, 1975; Antitrust Seminar with Minnesota Attorney General, 1975; Law School Council. Bachelor of Science in Journalism -- Northwestern University June 16, 1973. Grades: (4 -point scale) 3.07. Major: Advertising Minor: Economics Intramural Athletics Marching Band EMPLOYMENT Senior Trial Attorney -- Internal Revenue Service, Office of District Counsel, Boston, Massachusetts and St. Paul, Minnesota. Since May 9, 1977. Tax Court Litigation: Settled over 95% of Tax Court cases before trial. Successful in nearly all cases tried in U.S. Tax Court. Criminal Tax: Highest inventory of criminal tax cases in St. Paul Office. Frequent assistance to U.S. Attorney's Office in prosecuting tax crimes. General Litigation: Expert on enforcement and defenses to I.R.S. summonses and on disclosure of tax information. Have represented I.R.S. agents under subpoena. Attorney and Law Clerk -- William E. Mullin, formerly of Mullin, Weinberg & Daly, P.A. 1976 and 1977. Assisted in litigation involving antitrust and civil rights matters. Law Clerk (during law school) University of Minnesota Law School, Appellate Advocacy Instructor. 1975-76. Analytics, Inc. Law Clerk for economic consulting firm, specializing in antitrust cases. 1975-76. Minnesota Department of Commerce, Legal Assistant to Assistant Attorney General in Securities Division. 1974-75. no STUART D. GIBSON EMPLOYMENT-RELATED ACTIVITIES Instructor• Expert Witness Training Program, St. Paul, 1981. Indirect Methods of Proof Training Program, St. Paul, 1981. Continuing Professional Education for Revenue Agents, Fargo, 1982. Continuing Professional Education for Special Agents, St. Paul, 1982. Participant• Criminal Tax Training Program, St. Paul, 1977. General Litigation Training Program, Boston, 1978. Trial Attorney Training Program, Chicago, 1980. Technical Conference, Dayton, 1981. Midwest Regional Conference, Kansas City, 1982. OUTSIDE ACTIVITIES Alumni Admissions Council, Northwestern University. Volunteer Attorney Panel, Southern Minnesota Regional Legal Services, Inc., St. Paul Treasurer and Board of Directors, Midland Grove Condominium Association, Roseville. Community Advisory Board, KSJN Radio, St. Paul ORGANIZATIONS Minnesota State Bar Association Ramsey County Bar Association Minnesota Civil Liberties Union ADMITTED TO PRACTICE Minnesota Supreme Court: October 1, 1976. United States District Court, District of Minnesota: December 6, 1976. United States Tax Court: August 4, 1978. REFERENCES Hon. Sheryl Ramstad Hvass Carol Grant, Esq. Judge of Muncipal Court Meshbesher, Singer & Spence Hennepin County Government Ctr. 1616 Park Avenue Minneapolis, MN 55487 Minneapolis, MN 55404 612/348-4740 612/339-9121 Professor Leo Raskind University of Minnesota School of Law Minneapolis, MN 55455 612/373-2851 Hart Kuller, Esq. Winthrop, Weinstine & Sexton 1800 Conwed Tower St. Paul, MN 55101 612/292-8110 ��716,9 1J T E ISE September 26th, 1983 Tom Hedges EAGAN CITY ADMINISTRATOR 3795 Pilot Knob Road Eagan, 11n. 55122 Dear Sir: I would like to be considered for a position on the Burnsville - Eagan Cable Communications Commission. . As a resident of Eagan, I have followed, with interest, the development of cable service to our two communities. I have attended several City Council meetings, but could not become involved with the early committee because of my business committments. At this point, I can bring to the new commission, twenty four years experience in broadcast, educational and corporate television. I am Vice President and a co-founder of Computer Video Productions, Inc., a Bloomington based teleproduction facility. The business base of Computer Video covers both local as well an national companies, with interests in all levels of television production, including interactive videotape and videodisc. I have, in the recent past, consulted on production capabilities proposed in Cable company franchise applications. Most recently for the Southwest twin cities suburbs and Two Rivers, Wisconsin. I look forward to talking with you concerning the commission appointments. Please contact me if you require additional information or references. My business and home numbers are listed below„ Best Regards, pv /. . Dean N. Sutliff / Business : 888-2388 Home: 452-6897 1765 Gabbro Trail Eagan, Mn. 55122 /0 1317 Clover Dr. S., All 1-35W A 494, Minneapolis. Minnesota 55420 • (612) 888-2388 ROGER G. FLING 3998 Riverton Avenue Eagan, MN 55122 (612) 454-2291 September 30, 1983 Mr. Tom Hedges Eagan City Administrator 3795 Pilot Knob Road Eagan, Minn. 55122 Dear Mr. Hedges, I wish to submit my name for possible consideration as a member of the Burnsville -Eagan Cable Communications Commission. I have been a home owner in Eagan for approximately eleven years and a businessman within the greater metropolitan area for the last twenty five years. While my experience is somewhat limited in this area, I do have a great deal of experience in telephone and computer communications systems. I also feel that my lack of experience in Cable communications may be overcome by the enthusiasm that I will bring to this very important commission. Thank you for your consideration. Sin rely, '7i> oger G. Flin October 3, 1983 Mr. Tom Hedges City Administrator 3795 Pilot Knob Road Eagan, Mn. 55122 Dear Mr. Hedges: This is my letter of application for a position on the Burnsville - Eagan Cable Communication Commission. My wife Donna and I have lived at 1253 Carlson Lake Lane, Eagan for the past 5 years and consequently satisfy the residency requirement. My background includes 20 years of electronics, data communication and data processing experience. I believe that this background would be invaluable in understanding issues and opportunities arising from the implementation and operation of a cable television service. My desire to serve on this commission stems from my interest in the many opportunities that this technology brings to the home. My part- icipation on the commission will be to help ensure that the im- plementation and operation of the cable television service is mon- itored for quality and reliable service. I will look forward to assisting the commission in the evaluation of future enhancement and expansion of the cable service also. If there should be any questions regarding my application I can be reached at home phone 452-7364 or business phone 341-6321. Si cerely, Raymond L. Stevens 13 MEMO TO: CITY ADMINISTRATOR HEDGES FROM: PUBLIC WORKS DIRECTOR COLBERT DATE: OCTOBER 7, 1983 SUBJECT: INFORMATION FOR OCTOBER 11, 1983 SPECIAL CITY COUNCIL MEETING As the Council may recall, .during the final assessment hearing for the following projects, written objections were submitted by' the affected property owners and subsequently followed up with formal appeals certified with the clerk of district court. Subsequently, the City Council continued the public hearing for these affected parcels to a later date to follow the required procedure of evalua- ting special benefit to the parcel installed in relationship to the amount of the assessment proposed to be levied. Therefore, October 11 was established for a meeting of the City Council as a whole to evaluate the benefits in each of the following parcels._ This meeting will be conducted by the City Attorney and will be providing testimony from the consulting engineer, Public Works Director/City Engineer and the appraisers retained to evaluate the benefit for each of the parcels involved. Since this is a con- tinuation of a formal public hearing, public hearing procedure will be followed. PROJECT 297R, BLACKHAWK LAKE TRUNK STORM SEWER HORNE & HORNE DEVELOPMENT CORPORATION The original public hearing for this project was held on May 20, 1980 with the final assessment hearing being scheduled for July 20, 1982 at which time Mr. Horne submitted written objections per- taining to the proposed assessments. Subsequently, the City Council has continued this public hearing for the final assessments several times to allow Mr. Horne and the City staff to work out a mutual agreement pertaining to the resolution of this trunk storm sewer assessment. Although Mr. Horne has verbally agreed to the execution of such an agreement, staff has been unable to obtain his signature on this agreement. Therefore, it is the staff's recommendation that we proceed with the formal public hearing pertaining to special benefit relating to the final assessments as originally intended. At the final assessment hearing on October 11, City staff will be presenting documentation pertaining to the topographic layout of Mr. Horne's property and its relationship and benefit received from this project. Information is enclosed on pages through Zp . ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessment roll for Project 297R against Par- cel #10-02100-010-01 and all of King's Wood Addition except Lot 11 and authorize the certification to the County Auditor for col- lection. Public Works Director Memo October 11, 1983 Special City Council Meeting Page Two PROJECT 182R, T.H. 55 STORM SEWER OUTLET STANLEY PIEKARSKI On November 18, 1980, the public hearing was held for the installa- tion of a trunk storm sewer outlet from the ponds located on T.H. 55 north of the Burr View Acres Addition. Upon completion of the project, the final assessment hearing was held on July 5, 1983 at which time Mr. Piekarski submitted a written objection followed by a notice of appeal to district court pertaining to his proposed assessments in the amount of $11,272 based on a net assessable area of 8.62 acres at $561 per acre after applying a 20% credit to the gross area of 10.32 acres. (Pagan Z th rough '2 ) Mr. Piekarski claims that there is no benefit derived from the in- stallation of this trunk storm sewer and that he should not be as- sessed for the. project. Enclosed on page _21 is a copy of the minutes from the April meeting of 1976 wherein Mr. Piekarski ori- ginally petioned the City for the installation of this project to alleviate his property from flooding. Staff will also be presenting pictures taken the spring of 1980 wherein again is shown Mr. Piekarski's property flooding due to lack of this storm sewer pro- ject. In addition, City staff will be presenting topographic lay- outs of his property to help determine and show the benefit received from this project. Enclosed on page is a location map of Mr. Piekarski's property in relationship to the ponds controlled by this storm sewer project. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve the final assessments for Project 182R against Parcel #10-03800-080-02 and authorize the certification to the County Audi- tor for collection. PROJECT 240, DREXEL HEIGHTS STREETS PILOT KNOB PROPERTIES The original final assessment hearing was held in September of 1980 and subsequently revised on December 16, 1980 to incorporate the additional costs incurred by the City to fulfill the developer's responsibility relating to subdivision and platting within the City. Subsequent to the December 1980 final assessment hearing, Pilot Knob Properties submitted written objections and followed through with an appeal to district court of the assessments levied. Through court proceedings, district court determined that the City did not follow the proper procedure in determining benefit to the property in question. Therefore, the City Attorney is recommending that we proceed with this new final assessment hearing to discuss the benefit received from the improvements installed in relationship to the assessment in the amount of $4,467.50 per lot for the 24 I JI Public Works Director Memo October 11, 1983 Special City Council Meeting Page Three lots within the Drexel Heights subdivision. There is no additional information that can be provided at this time that has not already been presented at several previous hearings. Enclosed on page is a copy of the Drexel Heights subdivision for Council's reference. ACTION TO BE CONSIDERED ON .THIS ITEM: To close the public hearing for Project 240 and approve the assessments in the amount of $4,467.50 per lot to all 24 lots within the Drexel Heights subdivi- sion and authorize the staff to certify the assessments to the Coun- ty Auditor for collection. 16 SAC 8/30/82 B. PROJECT 297, BLAC HAWK LAKE OUTLET - ASSESSMENT OBJECTION i 6. James and Arvella Horne (Parcel No. 10-02100-010-01 and King's Wood Addition Horn,- D] uv lnn nr rnV rAi-inn e..� r,. BACKGROU m IIm'ORNF noN Enclosed on Page 9 / is a copy of the written notice of objection that was sub- mitted by Mr. Horne at the final assessment hearing held on July 20, 1982. En- closed on Page Jag- is a referenced location map showing the relationship of these parcels to the overall assessment area for Project 297. Mr. Horne's first objec- tion pertains to a procedural requirement pertaining to notification of public hearing for the project which was held on May 20, 1980. This contention is correct in that these parcels were inadvertently omitted from the official individual par- cel notification for that public hearing. However, formal notices were published in the legal newspapers and this area is, in fact, included within the proposed and designated area assessment for Project 297. Their second objection, pertains to trunk area storm sewer assessments against pro - pe 'y that "can contain its present and future water drainage". Enclosed on Page 33 is the location of this property in relationship to the drainage basin and ex sting storm sewer facilities that presently service this property. The present pond (JP -5) that is contained within portions of Mr. Horne's and Horne Development Corporation's property presently has a positive storm sewer gravity outlet provi- ding direct drainage into Blackhawk lake. The gross acreage of parcel 10-02100- 010-01 is 27.59 acres. 7/10 of an acre was deducted for the existing pond (JP -5) and a 20% credit was applied for potential future right-of-way and easement dedi- cations. This resulted in a net assessable area of 21.51 acres (936,975 square feet) which was assessed at the agricultural rate of 3.4C per square foot. This resulted in an assessment figure of $31,857.17. All lots within the King's Wood Addition were assessed at the single family/agricultural rate based on their ac- tual square footage. These assessments ranged from $442.00 per lot to a maximum of $3,213.00 per lot for Outlot 3 (2.17 acres). If Mr. Horne will not agree to a waiver of the procedural requirement of individual public hearing notification, the City should pursue a new public hearing process: with a new final assessment hearing. However, because the property owned by Mr. Horne, or Horne Development Corporation, lies within the drainage basins benefited by the Blackhawk lake Outlet and due to the fact that the pond lying within this property (JP -5) has a positive storm sewer gravity outlet into Blackhawk lake, the staff feels that the assessments should remain as determined and presented at the final assessment hearing held on July 20, 1982. conlalns Doti e .-��,�� p pI� �zw �• C�. 17 PK'_ PRa7I- 297 — AssmsET AREA Ll WO `_ •`` ~�'/ ;SC C a�l.. 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ETERE cJi / n AL2 . y. •:! i/ /.n,�. ., ��r., y16_Ii—f z�_-Z I I ./ r. ,,y+`'/ .:r '' (,i F,, rror 19 , iC"17 \ �I C-2� C-5 C_T�-i-�,,, n�ocE FC -19' ( y-�5 � f -20 r�Y //— n.rrt� /� C-6 /.. �C, 'I '.r--�•. ice+==1'�:.�; _J `C 3 /^ C-10 rrs IC�3 1-7 _7 ''V',' / ! , }Oc Isr 2N0 ',._��, •/ 'I D•19 � iD-23 `F ^ tAL AR / l ;� - - rte. �i<r - •�1 I / - �r 4 �. �A•B A 9 // c -•LAKE ��._✓- \; •%7 OPS Y _ _ 'Ul it\Yt/4J<O=�iQ� _ l-ti/�/1�•;� ... - ;'; :AES -, �' a; lKc -.,!_ 6.40' r / \ } i+J-IS I -�•, /\J-62\ J-62 f 57 •_i::•�_ •-urs[--<NOA-LE �•',/ 8-34 1 /�/�•�-7 -'� ` ���." �.' ^I'\� ?4 /21� , 'i�J ,•' CJ-6~..J�--�.'-�,f� 1 r s. A23 \.i' i 8-35 1 g_3X1B-36 "' I•• /A_35 �/I e/ al _ I'.. 'v�-3VLv L_7 k/ li " B 9 II V-2 (� J-65' J r / _2 'B I i B•7' / ' u Jf�L 8-24. 8-23`10 .. ).vmn •,,r;,'.Ln _ �r - ,, 71 -'JC�.F ;:i�-•�-1,..,`ti x:.,113 /�A'13 v -33 ' .�/A-3a 9.27.: 1.• ••.. �, B - r „ • , f"... • ..\ l ^_ _ . \ A�/ i� J .: 5.28�/�y ,�.9-la ate. •`. ��1 ..r- Ift 4 �: r.r\/8:I Bc15 -•�. `�4':� r �� �o•?is�,•�r�.:•..'� - - �. _'_ 8_3-~�`-'Z��51 _Rn�.�_ �IL u� _ i r�B116 I,1�\_c ��••-, `'\�,'-.._ :•l ���ttii=� 8-22 —/�'� �i-r•� T'-'i—�'Ti��-T ..��: •�' A-34 ` }h� , I • I .. v .j '�`��/ r ••L-qn ,.�., ,� 1 8-20 and no backing onto either service road adjacent to Country Club or Highway #13; further that there would be no more than two driveway access locations to the parcel. SPECIAL PERIfIT FEES. Upon motion by Smith, seconded Rahn, all members votin', yes, it was RESOLVED to authorize a fee schedule for special permits under Ordinance #52 consisting, of $50 for the original permit and $25 for annual re- newals. BURR OAR AREA DRAINAGE. Mr. Stan Pikarsky appeared and reported serious drainage problems on his property immediately North of Highway #155 in the Burr Oak area created flooding on his land. He requested that a study be prepared for storm sewer to provide for outflow to the Burr Oak Lake to the South. Rahn moved and Smith seconded a motion to authorize the City Engineer to prepare a prelimi- nary report and to report back to the City Council. PROJECT #174 - CEDAR INDUSTRIAL PABX STORII SEWER. The City Engineer indicated that there was no final response from the MCC concerning its request for contri- bution for tha installation of a proposed storm sewer near Commanche Road. Wachter moved and Rydrych seconded the motion that the City Council take no action on Project #174 until an affirmative response is received from the NRICC concerning contribution for the cost of the projects, and that the final decision in the matter be tabled until such time. PROTECT #1uS - SIBL EY TERNIMAL ii.,^,USTRIAL P:\ I: STO a SMIER PROJSCT. The City Engineer recommended that Phase 1 of the project, consisting of a trunk to the railroad tract: and a subtrunk to the rear of the 'Murphy Trucking area, be in- stalled at the present time. He further stated that there has been no answer from the Minnesota Highway Department concerninn its contribution. Polzin moved and Rahn seconded the motion to install Phase 1 of Project #168. A letter from Pre :tuna doors was read objecting to the project and a repre- sentative from Murphy Trucking appeared and requested an extension of time to -7- a JOSEPH PERRY qq .N�forney at June 30, 19113 City Cleric 3795 Pilot Knob Road Eagan, 1,1n. 55122 Re: Stanley Piekarski. property. PRL,,r. i Sa 3350 Highway 55 Eagan, 14n. 55121 Dear Clerk: B03 COMMERCE BUILDING ST. PAUL. MINNESOTA 55101 222-6896 VJe are filing a written objection pursuant to R'iin- nesota Law before the assessment hearino on July 5, 1953 at 7:00 p.m. The grounds of our objections are: 1) We have not received any benefits from this, only additional hardships. 2) That private property .is being used raithout due compensation. 3) That the property has been damaged first by the highway department and secondly by the city of Eagan in the, use of the property v:ithout oerrais- sion, without compensation, and contrary to the laws and the constitution of the State of Min- nesota. 4) We believe that any assessmenL for any storm sel:rer improvement that has be -n contemplated and has actual- ly completed is illegal and unconstitutional. ctiycly SI -1141 Lt - re d torri'ey for �bCi owner. I , Stanley/T. Piekarski. a2 �b etQ,� � STATE OF MINNESOT a0 J 3 r COUNTY OF DAKOTA Q Mr. and Mrs. Stanley Piekarski, Appellants, VS. City of Eagan, Respondents. DISTRICT COURT FIRST JUDICIAL DISTRICT NOTICE OF APPEAL Now comes the Appellants and alleges the following: I. The Appellants own in Joint Tenancy homestead property located at 350 Highway 55, Eagan, Mn. 55121. II. That the Respondents are attempting to illegally procure an assessment against said real property in the amount of $11,272. That at all time the Appellants have conformed with Min- nesota law and profected their appeal rights and are hereby appealing to the above Court on the grounds: 1. That said assessments is not a benefit to said prop- erty, but creates additional hardships. 2. That private property is being used without just corrr- pensation contrary to law, the state and federal con- stiution and fairness. /011 n 3. That the property has been damaged first by the highway department and secondly by the city of Eagan in the use of said propery without permission, without conpens- ation, contrary to the laws and constituiton of the state and federal law. 4. that the assessment for a storm sewer improvement was illegal and unconstitutional. IV. Wherefore, Appellant prays for a judgment against said Respondent for the following: 1. For a dissimissal of this assessemnt .against appel lant's property. 2. For legal fees in preventing this action, and costs and disbursements incurred herein. 3. For any other remedy the Cour ems just and equit able. (\ pn yerry tt rney for App lants 8 Commerce Bldg. St. Paul, Mn. 55101 222-6896 COUNTY -----STATE----'°'-----AID —� HIGHWAY — — 0 ,r::.-. •; �"\ i � Jit;, M.,9E'.,.: � . - City of Eagan c ;fir y� i ..r.i Jet (°ii 'r:rgy:�: 3: •3. I-rl �l�' 012-00 /9 /b♦ v ' s" :v y.. •a'r I '-A —___S 45.04. •w-•+ o:. Aff .G � _r `„ �� i- :r:.l Je5011-00 :r...:+• . 4 ,. ax.li.�h of �t9m _ _° D!�� Nu:5�1:' _ y „p+� •' ,. d s Oi =00 Pm 1 Dow^ City of Eagan F _ \ =ro o i<JJ R %�• :h' .� City of 4.:•>Y-, �it U6w\a' v 020-00 / Eagan 'r rrs 5;. �� •J b_ ZQ, \A '. �` �d �::.. .( , `\ Ca0. 030-00 - i� n°i q S;-_ 5 �1 r\;( ��"•+'`, �t r\r�\•� .II Ifi / . �.�saist td`r L -f 01��-azCity of Eagan ;e o®�' / 010-00 i 1 Tit^ LAK I •O .+ •i';., \ d " . Y I >I le i ° s:EC\ < ,l HCl!: Pt 1 R 4 _�� oa VV r+`.T 't,.•n �� � C}• +J,.��, ir4. �: 5:%}. s .030-00 •,1 City of Eagan 1'1 f 1 r+ ® I- t 4 ,� Via. nDo� 1, . E 1a + e+a a '..''. f r•`x• /� 1 n N x y I w s ..• I �� �r -r- ola 8-a2 Pi , O� ° rte• wDR` g f;�a �° + _ t.r-r -S f R 3 . X: r • R } " +Q V'y`. +a• '''1 .,.�.p; p •' !, a ., Y 'c t' •...; a 1 rn 040_52 ' ji s 30� t . r. . ' Il •S. N,S_, Q 4d6 — •rY¢nC �'•K9A-- • tt 6'; C d� � ..F Y Ygg dI" �• o Is � 9 M1 t � � , fI, September 29, 1983 Chairman of the Board Association of Metropolitan Municipalities 183 University Avenue E. St. Paul, MN 55101 c/o Vern Peterson Dear Chairman: i v.s The City Council of White Bear Lake during its budget hearings this last week voted to withdraw our membership in the Association of Metropolitan Municipalities. Their decision was the -result of two concerns. First we'must exnresG our r ncerr�uii;h the ;+ of the Association to formulate a joint cohesJive__apprnarh +., tkie questionof state unding o ocal government. We believe that tfie Association; -because of the diversity of its membership, is paralyzed on these critical issues. Secondly, the City is faced with tha choice of where to appropriate its available funds for a lobbying effort which would have the greatest impact. We believe that those funds would be better spent.with a group of cities that have common interests and objectives. I personally appreciate the work that has been done by the Association in past years and realize the difficult situation the organization finds itself in due to economic uncertainties at the state level and the diverse composition of the Association. On behalf of the White Bear Lake City Council, BGS:im ly, cc: City Council of White Bear Lake a7 4820 Cook Avenue 9 While Bear Lake, Minnesota 55110 9 Phone (612) 429-8526 For Immediate Release: 1984 Work Program And Budget Approved For more information contact the Public Information Office 612/291-6464 Ken Reddick 291-6422 Friday, ' Sept. 23, 1983 The Metropolitan Council voted Thursday to out the property tax portion of its 1984 budget by $175,000. Council Chairman Gerald Isaacs said the action lowers the projected increase in Council revenue from property tax sources from 8.3 percent to 5.2 percent. "This is below the average increase of 6.3 percent in municipal budgets that the Association of Metropolitan Municipalities had urged us to meet, and is a fiscally sound and responsible move on the Council's part," Isaacs said. The action reduces the amount that must be raised through the agency's regionwide mill levy from $6.06 million to $5.89 million. The overall 1984 Council budget totals $10.91 million. The Council is authorized by law to levy up to .267 (8/30ths) of one mill. The reduction means the agency will be levying .258 mill. The 1984 Council budget compares with a 1983 budget,,as amended, of $9.96 million. The original 1983 budget was $9.38 million. In related actions Thursday, the Council cancelled more than $30 million in property tax levies for sewer and park debt retirement purposes. Resolutions V adopted by the Council authorize the use of $31.3 million in the Council's Sewer Bond Fund and $1.57 million in its Parks and Open Space Fund to pay principal and interest on outstanding regional sewer and park system bonds. more Money in the sewer fund comes from payments from municipalities and from charges against other users of the regional sewerage system. The park funds were provided by the Minnesota Legislature to finance the retirement of debt incurred in connection with acquisition and development of the regional parks system. If sufficient money is not available to handle the sewer and park debt payments, the Council is,required by 'law to raise it through the property tax. The largest proportion of 1984 Council revenues, 66 percent, will come from local sources, primarily the property tax. The federal share of the budget, a rapidly declining source in recent years, is pegged at 30 percent. This compares with more than 60 percent in 1979. The state share of Council revenues is less than four percent. The work program outlined in the budget was described by Isaacs as "comprehensive and ambitious." Priority items include revision of several major regional policy plans, including those on growth and development, health, housing, aviation, solid waste, and parks and open space. Other activities include preparation of a new regional plan, on economic development; completion of plans for services to aging people; the beginning of a comprehensive study of barge fleeting and water transportation; and the first inventory of all land use in the Region since 1962. The budget calls for an increase of six people in the Council's staff complement, raising the total to 217. This is a decrease from 238 in 1980. -30- �: ':<���' .•.. ;?;� �"`i �S�i' ;y'•. ': .?�a'i ::}'I :� r :'� i.�.. .Ci {p Franke, a former aide to Govs. Wen- dell Anderson and Rudy Perplch, will assume the post Nov. 1. During three'years at Group W, Franke was the company's Minnesota franchis- Ing manager and director of commu- ally affairs for Its six Twin Cities cable -television franchise areas. Franke represented the company during the 1982 fight for the subur- ban Ramsey County cable franchise. Group W, a wholly owned subsidiary 7 of Westinghouse Electric Corp., beat out Storer Cable and United-Zylstra Communications Co. for the 15 -year franchise to bring able television to Arden Hills, Falco Heights, Lauder- dale, Little Canada, Mounds View, New Brighton, North Oaks, Rose- ville, St. Anthony and Shoreview. He has continued to represent Group W . before the commission during construction of the suburban Ram. e more expensive dual cable system the company promised. Group 'W officials did meet with commission chairman Tom Curley Sept: 17 to discuss that, but Curley rejected the suggestion. Group W Area Manager Terry Shu- ster said he was surprised and "most unhappy" to find Franke's letter. of resignation on his desk Tuesday ,morning. But hp said they part on. good terms. Commission attorney Tom Creighton said Franke's hiring does not pose any conflict of interest problems, ei- ther to the commission or Group W. "The conflict question was discussed, certainly. First of all with respect to his contractual obligations to Group W there Is .... no problem. And, 'second, from our point of view, we .felt that his knowledge of the people In Group W would be to our advan. tage." djPcs TR 9 /a -r -e j Cable official quits to join overseer: ®f ex -employer' 1 By Paul Gustafson Staff Writer sey County system, which Is sched- .' uled to be completed in May 1984. A top local official with Group W His desire .to return tolpublicseclor Cable resigned late Monday to be- employment, and the chance to help come cable administrator for the North Suburban Cable Communica. ^ oversee the operation of a first -rale .:cable television'system, led him to tions Commission, the group that reg- ulates Group W's sble system in 10 apply for the commission job, Franke said. ' cities of suburban Ramsey County, -' .,.°: •'^! Roger Franke's switch from compa- Schmidt said that "Roger knows.the 'Inner operations of Group W, and he ny official to company regulator sur- knows that franchise agreement :..: prised Group W officials and delight- (Group W officials) won't be able to ed cable commissionmembers, some of whom view his hiring as a .: snowball him one bit, and therefore they won't be able to snowball the way to ensure that Group W lives up commission."- Schmidt said he's wor- to Its franchise obligations. rled, for example, that the company ' Franke is "kind of our special insur- is falling behind Its construction schedule. r••, - ance policy" to make sure Group W I -:, , . ,. lives up to Its agreement to build "a Cable commission members became Cadillac cable system" for the 10 suburbs, said vice chairman Steve upset last month when they heard rumors that Group W officials might Schmidt, a New Brighton council- "' -. " approach them with a proposal to man. build only a single cable system, to- stead of th Franke, a former aide to Govs. Wen- dell Anderson and Rudy Perplch, will assume the post Nov. 1. During three'years at Group W, Franke was the company's Minnesota franchis- Ing manager and director of commu- ally affairs for Its six Twin Cities cable -television franchise areas. Franke represented the company during the 1982 fight for the subur- ban Ramsey County cable franchise. Group W, a wholly owned subsidiary 7 of Westinghouse Electric Corp., beat out Storer Cable and United-Zylstra Communications Co. for the 15 -year franchise to bring able television to Arden Hills, Falco Heights, Lauder- dale, Little Canada, Mounds View, New Brighton, North Oaks, Rose- ville, St. Anthony and Shoreview. He has continued to represent Group W . before the commission during construction of the suburban Ram. e more expensive dual cable system the company promised. Group 'W officials did meet with commission chairman Tom Curley Sept: 17 to discuss that, but Curley rejected the suggestion. Group W Area Manager Terry Shu- ster said he was surprised and "most unhappy" to find Franke's letter. of resignation on his desk Tuesday ,morning. But hp said they part on. good terms. Commission attorney Tom Creighton said Franke's hiring does not pose any conflict of interest problems, ei- ther to the commission or Group W. "The conflict question was discussed, certainly. First of all with respect to his contractual obligations to Group W there Is .... no problem. And, 'second, from our point of view, we .felt that his knowledge of the people In Group W would be to our advan. tage." PROTECTIVE r[SPFCTI_O::S mnNTHLY RPPORT NUMBER OF PER`:ITS ISSUED Building SEPTEMBER, 1983 Year -To -Date I\S_PECTION/OFFICE HOURS 96 77588 Building This ?[onth Year -To -Date Plumbing 5 300. 1,819.5 Water Softener 153.5 1,169.5 Administrative/Office 79.0 625.5dministrative/OfEicc Fire Marshal 3g,p 38.0 421.0 Miscellaneous 6 364.5 Ceneral Office .p 36.5 Perrit Processing 163.5 1,542.0 84,513.25 139.0 1,053.0 NUMBER OF PER`:ITS ISSUED Building This ?'onth Year -To -Date Electrical 96 77588 Plumbing 760 hVAC 61 617 Water Softener 87 9 512 Well, Cesspool, Septic Tank 6 31 Signs Total Fee* 19 Single Family 5 27 NATURE OF BUILDING PERMITS ISSUED YTD MONTPLY 1933 Tvnc Permits Valuation Permit Fce _ Plan Chr_ck Fee Total Fee* 397 Single Family 47 $ 3,196,000.00 $ 15,799.50 $ 7,899.75 84,513.25 56 Dl17Ie:{ 4 $ 214,000.00 $ 1,171.00 $ 585.50 $ 7,003.50 123 Multi-Family20 $ 889,000.00 $ 2,989.50 $ 1,494.75 $ 27,42S.75 13 Co.-aercial 1 $ 87,000.00 $ 394.00 $ 197.00 $ 1,909.50 2 Industrial 0 0 0 0 p 0 Institutional 0 0 —_— 0 — 0— p 21 Res. Carne_ 5 $ 30,500.00 $ 258.50 0 $ 304.00 _ 9 Swim. Pool 1 $ 6,000.00 $ 56.50 0 $ 59.50 154 :lie_ce_llnncous TOTALS 18 96 $ 73,600.00 $ $ 744.50 21,443.50 $ 52.25 $ 2,794.75 775 $ 4,496,100.00 $ 10,229.25 -- $ 124,313.-5 - YFAP.-TO-DATE. 1953 $50,264,400.00 $222,621.00 $105,361.50 $1,268,715.14 * Total Fees Include: P.uilding Permit Fee, Sur -Charge, Plan C`ieck Fee, SAC Unit Fee, Water Connection Fee, Water Meter Fee and Road Unit Fee. 33 PRorEC'1'1VIE INSPIECTIONS - ADDITIONAL MON'I'IILY 1NFORI•IATION SEPTEMBER, 1983 LTI-FAMILY 11AFAKDO1114 ERCIAL, INDUSTRIAL MD INSTITUTIONAL BREAKDO1.3J 1; iIdin_C Permit :'' MIE11+er of Number of Number of AI•IOUNI'S 01 V n Check Scrviee flan (:I:ecl, 10-03500-010-01 I I'C PelmitsB11i Idi TIPS U11 is Valuations Permit FCCS Charge FCCS TOLa] I'CC* 10111' Unit 175,917,50 "OTE: FIVE BELOW LISTED AS "M SCELLANEOUS" N "NATURE OF 13JILDING PERMITS 14 Sur -Charge - $ s Ic1:111101:50 4 1. 4 $176,000.00 $1,024.00 $ 88.00 $ 512.00 $ 6,764.00 Eight Unit $ 15.00 *Total Fee - 720 Blue Gentian Rd. 4'arren8473 1'olmhcusc 0 0 0 0 0 0 0 0 i i ApirtmcnLs or $ 74.50 0 $ 79.00 8515 1--.8511--l-3883-Beall 3500 Dodd Rd. $ 9,000.0074.50 Co. �OO.G Condominiums 16 1 16 $713,000.00 $1,965.5 .50 $ 982.75 $20,664.75 TO'I'A1.S '-0 2 20 $889,000.00 $2,989.50 E$444.50 $1,494.75 $27,428.75 ERCIAL, INDUSTRIAL MD INSTITUTIONAL BREAKDO1.3J 1; iIdin_C Permit :'' -- ddress legal 860 Cliff Road Ol;ncr Valuations Dakota Permit FeeFees AI•IOUNI'S 01 V n Check Total Fccs• 8482 10-03500-010-01 County $87,000.00 $394.00 $33 197.00 $1,909.50 60 Rcs. Garage - 18 Bldg. Permit Fee - $ 175,917,50 "OTE: FIVE BELOW LISTED AS "M SCELLANEOUS" N "NATURE OF 13JILDING PERMITS 14 Sur -Charge - $ 3375 Mike Collins Ur Eight Unit - 88 Miscellaneous - 155 — 8457 L25-28,B4,Eag.Ind.#4 Unitog $ NA $ 15.000 q43$1c97CO11c" TO ]'A[, - $ 15.00 *Total Fee - 720 Blue Gentian Rd. 4'arren8473 $ 18.00 L1,B2,Aud.Su6. 31 4065 Old Sibley Rwy. Eustis Iious $ 800.00 thern $ 17.50 0 8505 10-01900-031-52 . Gas $ 9,000.00 1�;Ahlecraft $ 74.50 0 $ 79.00 8515 1--.8511--l-3883-Beall 3500 Dodd Rd. $ 9,000.0074.50 Co. �OO.G X50 0 0 $_79.00_ $ 0.00 10R% Tn9'AI C I_ VUlu NU:IBBR 017 BUILDING PLRHI'I'S 15SUIiD J AI•IOUNI'S 01 V -UU%I Iol,s 8 Flili'; stnglc Family - 224 Ind%Comm/]nstit, - 9 Valuation - $33 91i,75'.OU Duplex - 60 Rcs. Garage - 18 Bldg. Permit Fee - $ 175,917,50 Four Unit - HIS Swimming Pool - 14 Sur -Charge - $ 16,0S.1.0(1 Eight Unit - 88 Miscellaneous - 155 Plan Check Fee - $ S4,830.7S Apt/Condo - 0 TO ]'A[, - 676 *Total Fee - $ 945,036.45 VUlu 3795 PILOT KNOB ROAD, P.O. BOX 21199 BEA BLOMCUIST EAGAN• MINNESOTA 55121 Moo -,C, PHONE: (612) 454-8100 THOMAS EGAI I JAMES A. SfAIH JERRY iHGiFAS October 6, 1983 HEODOR.,-.j !•CHiER THOMAS HEDGES G;r ncmnsac:w EUGENE VAN 01/EREEKE MR THOMAS J NIKOLAI Ct,cle" 1504 RED CEDAR RD EAGAN MN 55121 MR G W TANK MGR FACILITIES PLANNING SPERRY CORP CPTR SYSTEMS SPERRY PARK, P 0 BOX 43525 ST PAUL MN 55164-0525 Re: Concerns Expressed by the Timberline Neighborhood 8 Eagan Ci u Concil Regarding Excessive Noise Generated by the Semicondu Facility Located on the Sperry Park Site Within The City of Dear Mr. Nikolai and Mr. Tank: At the last regular meeting of the Eagan City Council that was held on Tuesday, October 4, 1983, the City staff was directed to work specifically with a representative of both the Timberline Addition and Sperry in an effort to minimize the impact the semiconductor facility is creating on the welfare of the adjacent Timberline Addition neighborhood. The concerns that have been raised by the Timberline neighborhood and addressed by the Eagan City Council are as follows: 1) The onsite security and operations lighting for the semiconductor facility is reflecting outside of the Sperry Park property onto the adjoining neighborhood. The City Council stated a solution at the City Council meeting to confine all lighting in a controlled, reflective manner so there is no impact on the adjoining neighborhood. 2) The 300 - foot greenway that was originally proposed for the semiconductor facility should be researched, reviewed and a determination made as to whether that condition is in conformance with conditions set forth in the preliminary plat and planned unit development agreement. Mr. Dale Runkle of the City's Planning Department will review these agreements with Mr. Tank and provide a response for a later meeting. 3) The noise level generated by blowers, fans and other mechanical equipment is creating a nuisance for the adjacent neighborhood. An immediate solution was directed by the City Council to construct some type of wood screen device for the purpose of diverting noise in a south, southeast, or southwest fashion. This device would be a simulated noise 03 THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY CITY OF EAGAN/THOMAS NIKOLAI & G. W. TANK October G, 1983 Page 2 absorption device and used as an experiment. 4) The City Council also asked that a long-term and permanent solution be developed to restrict or minimize noise impact on the Timberline Addition. 5) The City Council, for the benefit of the neighboring Timberline Addition, would like information about the hours of operation as to when truck traffic is to be expected which services the semi conductor facility. The City Council would like efforts to be made by Sperry to minimize the amount of truck trips that are generated during nighttime and weekend hours. 7) Landscaping to consider berms, trees, and other types of ground covering should again be reviewed as it relates to the berm that was constructed on Sperry property adjacent to the Timberline Addition. A meeting is scheduled for 4:00 P..M., Thursday, October 20, in the office of the City Administrator to discuss these items in more detail. Any efforts that can be made by Sperry to prepare some measures to resolve any of the problems that were discussed at the City Council meeting prior to the meeting scheduled for October 20 would be greatly appreciated. Those persons invited to the meeting include the City Planner, Mr. Dale Runkle, the both of you, and myself. If another neighbor of the Timberline Addition or employee of Sperry is felt to be appropriate, they are certainly invited and welcome to attend this meeting. The meeting is scheduled in an effort to work cooperatively as a corpora- tion, neighborhood, and City to resolve these problems to the best of everyone's satisfaction. Thank you for your cooperation. (� Sincerely, � \.Oma" •Y��` &c0%� Thomas L. Hedges City Administrator cc: Dale Runkle, City Planner TLH/kf