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03/06/1984 - City Council Regular, SUBJECT TO APPROVAL • MUTES OF A REGULAR MEETING OF THE RAGAN CITY COUNCIL. RAGAN, MINNESOTA MARCH 6, 1984 A regular meeting of the Eagan City Council was held on Tuesday, March 6, 1984 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Public Works Director Colbert, Consulting Engineer Rosene and City Attorney Hauge. AGENDA Upon motion by Egan, seconded Wachter, it was resolved that the Agenda be approved with the addition of Ren Vraa to discuss the proposed park bond issue of 1984. All voted yes. February 21L 1984 _ Regular Meeting. Upon motion by Smith, seconded Egan, it was resolved that the Minutes of the February 21, 1984 meeting be approved with the following changes: Page 4 relating to Project 0372, the • name is Marlene Doehling. Page 8 - Thomas moved, Egan seconded the motion relating to the Almquist Lake Lift Station; page 9 relating to the Eagan City Code Update - Egan moved, Thomas seconded the motion to approve the proposed Ordinance revisions with a number of changes and authorize their publication in the legal newspaper, but that the changes noted by the Council at the meeting be implemented and the staff further investigate those areas requested by the Council. All voted in favor. ' February 7. 1984 _ Regular Meeting. Relating to noise emission from the Sperry Plant, on page 3, Egan moved, Smith seconded the motion to direct the City Attorney to investigate the recourses available to the City if the problem is not remedied by that date;. as to the liquor license policy change on page 4, the motion by Egan, seconded Wachter provided that the Council consider the renewal of the Parranto application in 1985 if the license is not activated in 1984. Egan moved, Thomas seconded the motion to approve the minutes as amended. All voted yes. CONSENT AGENDA The following consent agenda items were presented to the Council and recommended for approval by the staff: 1. Project 0396 _ Westbury Addition. The feasibility report for the installation of streets and utilities to service the first phase of Westbury Addition at the southwest corner of Wescott Road and Lexington Avenue under • Project 0396 was presented to the Council and it was recommended that the feasibility report be received and the public hearing be scheduled for 7:00 p.m. on April 3, 1984 at the City Hall. Council Minutes March 6, 1984 • 2. Lexington Avenue - Trunk Watermain/Booster Station - Project 0395• The feasibility report or Project 0395 consisting of the booster station for the trunk watermain on Lexington Avenue was recommended to be received by the Council and that the Council schedule a public hearing at the Eagan City Hall at 7:00 p.m. on April 3, 1984. 3. Westbury Addition - Preliminary Grading Application. An application had been received from Gabbert Development Co. for a grading permit for the proposed Westbury Addition and it was recommended the application be approved, subject to ordinance compliance. 4. Tax Forfeited Property. Three parcels were classified non - conservation land In preparation for tax forfeiture sale by Dakota County and the City was requested to determine whether it had any need for the property. They included a parcel in Wilderness Run 5th Addition, a parcel in Ches Mar 2nd Addition and a parcel in Zehnder Acres. City staff reviewed the three parcels and recommended that the City acquire the Ches Mar 2nd Addition parcel 010-02700-012-51 and to classify the other two as non -conservation land, but the Ches Mar 2nd Addition parcel as conservation/public interest property. 5• Contractors Licenses. The foregoing schedule of contractors license • applications was submitted to the Council and recommended for approval as provided in the packet. 6. Personnel Items. The resignation of Public Works Director Secretary, Judy Chaffee -Heald has been submitted and it was recommended that the resignation be accepted and that the staff be authorized to advertise for a replacement in the position. It was next recommended that the Council authorize the advertisement of a permanent part-time special assessment aide in accordance with present city policy, noting that Nancy Ohm will be transferred to a full-time clerk typist position. Upon motion by Smith, seconded Thomas, it was resolved that the foregoing consent agenda items be approved and that the staff be authorized to implement them. All voted in favor, except Wachter voted no as to the Westbury Addition permit. SILVER BELL ROAD Bruce Copeland, the President of the Shannon Glenn Condominium Associa- tion appeared with a Petition signed by 133 persons requesting that the City Council proceed to institute a project to improve Silver Bell Road, particu- larly at its intersection of Beau D' Rue Drive. The Councilmembers indicated • that the staff already has been directed to commence the improvement project. 2 Council Minutes • March 6, 1984 WESCOTT ROAD - TAONH WATER MAIN RBARINC McCARTRY PROPERTY - PROJECT ;305 Mayor Blomquist convened the public hearing regarding the proposed assessments under Project 0305 regarding the trunk water main over the McCarthy property, both north and south of Wescott Road at 7:00 p.m. Tom Colbert introduced the assessment hearing and Paul Hauge, City Attorney, conducted the hearing on behalf of the City Council. He read a statement into the record and indicated that a cassette recording would be made of the hearing, and it was noted that no one appeared on behalf of the owners of the property. The statement covered the procedure, including the right to request additional evidence and testimony to be submitted, the right to file Briefs on behalf of interested property owners or the City, and the opportunity within 30 days of the closing of the hearing, to submit proposed findings of fact, conclusions and order regarding the assessments. Tom Colbert, Public Works Director, reviewed the feasibility report covering Project 0305, started in 1980 and ordered in in 1980, and the water trunk improvements that were installed as a part of the Wescott Road improvements, including storm sewer, some sanitary sewer crossings and trunk water main. He noted that the assess- ments were proposed to cover the 80 acres north of Wescott Road owned by the McCarthy family, approximately 40 acres south of McCarthy Road and owned by McCarthy, and 40 acres south of Wescott Road in the proposed Westbury Addi- tion, which had been assessesd at an earlier time. The assessment hearing was first held in July of 1983 at which time objections were filed. A subsequent hearing was held in December 1983 and the City Council then rescheduled the hearing to March 6, 1984 in order to employ an appraiser to recommend to the City Council what benefit would accrue from the installation of water main to the McCarthy property. The assessment roll was introduced noting that 1980 assessment rates, including both area assessments for water purposes and lateral benefits from trunk water main, were used covering the three parcels involved with total assessments of approximately $90,000.00. Notice of the hearing was published in the legal newspaper and notices were sent to the affected property owners. A letter of objection signed by Patrick McCarthy personally, and Patrick McCarthy as Personal Representative of the Estate of Dennis McCarthy, dated February 26, 1984, was included in the record, as were overhead projections of the area proposed to be included in the assessment roll and also the feasibility report, together with notices and other applic- able documents relating to the assessments. Mark Parranto, appraiser hired by the City, presented a detailed written appraisal report and orally reviewed the appraisal at length with the City Council. It was his opinion that the benefit to the property exceeded the amount of the assessment and at 7:50, noting there were no objections nor appearances on behalf of the property owners, Smith moved, Thomas seconded the motion to close the hearing but to leave the assessments open for 30 days in • order to allow interested parties to submit proposed findings, conclusions and order to the Council and further, to submit any other information that was deemed appropriate regarding the assessments. All voted in favor. K Council Minutes March 6, 1984 • CEDARVALE 2RD ADDITION - PROJECT #373 -ALT. Mayor Bea Blomquist then convened the public hearing regarding storm sewer and driveway improvements in Cedarvale 2nd Addition, along Cedarvale Blvd. for Project 0373 -Alternate. Mr. Colbert stated that on January 17, 1984 a public hearing was held on Project 0373 discussing various alternates for the elimination of the service drive to Old Trunk Highway 013 adjacent to Rax, Perkins, Country Club Market and Minnesota Federal Savings & Loan. There was no clear consensus at that meeting by the affected owners and staff was directed to review other potential alternates and meet with the affected property owners, which he stated has now been done. Bob Rosene, the Consulting Engineer detailed the new proposal, including driveway improvements and storm sewer installation. Four properties are involved and proposed to be assessed. Roger Youngquist, Assistant V.P. of Minnesota Federal had questions about the storm sewer installation. Represen- tatives from Rax Restaurant had numerous questions and were told that both left turn in and out from the Rax Restaurant onto Cedarvale would be per- mitted; that Outlots A through'D which consist of the service road, now owned by DCR, will be sold to the adjacent property owners for a nominal price; and, • that the assessments are proposed to cover a ten year period. The Rax repre- sentative indicated that a request will be submitted to the Council to relo- cate its pylon sign. Sheldon Kranz of Country Club Markets had phoned Mr. Colbert and indicated he was unable to be present, but Country Club supported the proposal. The Mayor had concerns that all owners would maintain the green area adjacent to Cedarvale Blvd. and it was suggested that screening be included in the project near the Country Club Market, or that Country Club would do its own installation of screening and landscaping with City approval. Mark Parranto appeared on behalf of the owners of Mister Donut shop and stated that the owners now support the project but would recommend that blacktop overlay on the Home Juice private drive be installed. There were no objections to the project but there were questions about the private service drive and it was suggested that the remaining private drive between the bowling alley and Country Club be improved under a separate project. After considerable discussion, Wachter moved, Thomas seconded the motion to close the hearing, to approve the report and to authorize the preparation of plans and specifications which would include landscaping and screening to be approved by the City staff. All voted in favor. Smith then moved, Egan seconded the motion to direct the City to acquire an option for the service drive adjacent to Cedarvale Blvd. from the Donut shop to the Country Club Market; further, that a feasibility report be prepared covering the improve- ment of that service drive with the intention of assessing the property owners and potentially vacating the service drive at a later time. All voted in • favor. 4 Council Minutes • March 6, 1984 The application of Perry Kieffer for conditional use permit for commer- cial storage in an Agriculturally zoned district on Dodd Road was next con- sidered. Mr. Kieffer requested that the application be continued to the April 3, 1984 regular meeting and upon motion by Wachter, seconded Thomas, it was resolved that the application be continued. All voted yes. SUNSET STN ADDITION - PREUXINARY PLAT The application of Joseph Hoffman for preliminary plat approval of Sunset 5th Addition containing one acre and located on Dodd Road was next presented to the Council. The applicant called and indicated he would not be able to be present. Councilmembers had concerns about access to the property to the west and it was noted that the parcel on the north has been purchased by a Church denomination and it was further understood that access through that parcel may • be possible. Mr. Hoffman objected to road access through his one acre parcel proposed to be platted under the application. After discussion, Wachter moved, Egan seconded the motion to forward the application to the Advisory Planning Commission for further review regarding road access to Dodd Road. All voted yea. • EU -1 CREST ADDITION - LOT 12, BLOCK 1 - VARIANCE An application from Mark Parranto for front setback variance for Lot 12, Block 1, Hillcrest Addition was submitted to the Council. Mr. Parranto was present and explained that the reason for the requested variance was because of the steep terrain and because of the attempt to avoid taking additional unnecessary trees. Notices were not mailed to the surrounding property owners but the only property owner within 200 feet was Jerry Thomas. Mr. Thomas indicated he had no objection and waived the right to object and further stated he would abstain from voting. After discussion, Smith moved, Egan seconded the motion to authorize the front. setback variance for Lot 12, Block 1, and to grant a blanket variance for Lots 12 through 20 for terrain and vegetation purposes and if a request is made for Lots 21 through 25, that a special publichearingbe scheduled before the Planning Commission; further, the building inspector and public works departments approve the minimum set- back for Lot 12 through 20. All voted in favor except Thomas who abstained. 5 Council Minutes March 6, 1984 • PUBLIC WORKS KAINTENANCE CONTRACT City Administrator Hedges indicated that a letter had been received from the Minnesota Teamsters Public and Law Enforcement Employees Union Local 0320 regarding the Eagan Public Works Maintenance employees confirming the compen- sation settlement for 1984-1985, with one exception on the salary increase in 1985, all proposals by the City Council were approved and it was recommended that the Contract be ratified. Upon motion by Wachter, seconded Egan, it was resolved that the final ratification of the Public Works and Parks Maintenance division Contract with the Teamster Union be and hereby is approved, based upon the offer made by .the City Council as of January 30, 1984. All voted in favor. wESTCOIT TRUNK SANITARY SEWER - CONTRACT ?84-2 Mr. Colbert stated that the quick -take condemnation proceedings crossing the McCarthy property has now been commenced and that the bids have been received for Contract 084-2 consisting of the sanitary sewer trunk. The bids included four alternates and it was recommended that the Council authorize only the total base bid and reject all alternate bids. Smith moved, Thomas • seconded the motion to approve and award the contract to Austin P. Keller Construction Co. in the sum of $383,370.00 and authorize the contract to be awarded to Austin P. Keller Construction Co. and that all alternates be re- jected. All voted in favor, except Wachter who voted against. YANKEE DOODLE RESERVOIR REPAINTING. - CONTRACT /84-4 The plans for the Yankee Doodle Reservoir repainting, including the alternate for the name Eagan being painted on the tank, were presented to the Council. Upon motion by Wachter, seconded Egan, it was resolved that the plans for Contract 084-4 be approved and that the Clerk be authorized to advertise for bids to be opened at 10:30 a.m. on Friday, March 23, 1984 at the City Municipal Center. All voted yea. PARK BOND ISSUE PROPOSED FOR 1984 Ken Vraa, the Park Director, was present and reported on the Park Bond Task Force which has been meeting over recent weeks. He explained that he expected that the task force will recommend to the Park Committee that a bond issue election be held in the spring of 1984. After discussion by Council - members, a special meeting was scheduled for March 27, 1984 at the City Hall at 7:00 p.m. to meet jointly with the Advisory Park and Recreation Committee and any task force members who want to be present at the City Hall to discuss • the proposed bond issue. 2 • Council Minutes March 6, 1984 FIRE ADMINISTRATION BUILDING - PARKING LOT - CONTRACT #84-5 Bids were received on March 1, 1984 for the Fire Administration parking lot and two alternate bids were also submitted. The first alternate was for 0 the installation of a concrete driveway for the first 33 feet from the new garage addition, and the second alternate was a deduct providing for City maintenance crew installation of aggregate base prior to the paving of the surface. Staff recommended that the Council reject alternate No. 2 and Smith moved, Wachter seconded the motion to award the bid to the low bidder, Inde- pendent Curb Contractors, Inc. in the total base bid of $28,075.00 with the Alternate. No.'1 of $1,548.00 and to ,reject Alternate No. 2. All voted yes, except ;UQID39 who abstained. FOUR OAKS ROAD/COACHMAN ROAD - PROJECT #348 The City Council had authorized the preparation of the feasibility report for the upgrading of Coachman Road from Yankee Doodle Road to Four Oaks Road and from Four Oaks Road to Trunk Highway 413. The feasibility report has now • been completed and Wachter moved, Smith seconded the motion to receive the report for Project 4348 and to schedule a public hearing at the City Hall at 7:00 p.m. on April 3, 1984. All voted in favor. • KENSINGTON PLACE - FINAL PLAT APPLICATION The application of Tomark Development.Co. for final plat approval of Kensington Place was submitted to the Council. Staff recommended approval, subject to compliance with all City requirements and a representative, David Briggs, of Tomark was present. Egan moved, Thomas seconded the motion to approve the final plat application for Kensington Place, subject, however, to all City requirements and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. TOMARK ADDITION.- BOND ISSUE CARRIAGE BTI.iS HOUSING REVENUE BOND ABSOLUTION Councilmembers discussed the hearing for the proposed Carriage Hills Housing Revenue Bond issue and potentially rescheduled it to April 3, 1984. Smith moved, Egan seconded the motion to authorize the hearing to be held on April 3, 1984 at 7:00 p.m. in the event that the Council cannot officially continue the hearing from March 22, 1984, noting the Finance Committee will not be able to meet prior to March 22, 1984. All voted in favor. 7 Council Minutes March 6, 1984 is LEAGUE OF l019ASSOTA CITY POLICY AND PRIORITIES The proposed 1984 -City Policies and Priorities drafted by the League of Minnesota Cities had been distributed to the City Council and the Council briefly discussed the policies. Egan moved, Blomquist seconded the motion to adopt the policies and priorities without amendments. All voted in favor. SUNSET 4TH ADDITION - PRELILKERARY PLAT The City Council again discussed the application of Tri -Land Company for preliminary plat approval of Sunset 4th Addition, particularly relating to the southerly tier of lots along Hackmore Drive. It was noted that -the Council's Resolution of February 21, 1984 required both an escrowing of funds and that Outlots be provided on the southerly tier of lots. Mr. Colbert recommended that the Council require only one of the two conditions and recommended that a prepayment be required from the applicants. Smith moved, Thomas seconded the motion to amend the conditions provided in the February 21, 1984 motion approving the application, to provide for a prepayment by the applicants for the projected costs for the improvements to be assessed against the north side • of Hackmore Drive, including street and utility improvements. All voted in favor. There was some reluctance on behalf of the Councilmembers, however, to authorize the spread of the cost over all of the lots in the subdivision, and noted it appeared to be more appropriate to spread the costs only over the southerly tier of lots. Mr. Colbert reviewed with the City Council both in written form in the packet, and verbally at the Council meeting, a proposal to revise the schedule of administrative fees in the case of private utility and street improvements within new subdivisions. He indicated that the work load of the staff was in excess of the amount of reimbursement received from the developers in case of installation of private improvements, and noted that during 1984, it appeared that the percentage will increase from about 50% of the subdivision improve- ments to 60% - 65% for privately installed. Several alternates were sug- gested, including a minimum fee of $1,000.00 with a sliding reduced scale or a fixed percentage of the projected costs. Blomquist moved, Thomas seconded the motion to direct the staff to propose a schedule of fees for installation of improvements by developers under private contractors, including review of plans and specs, construction review and management, financial bond calcula- tion review, final inspections, etc. All voted yea. • E Council Minutes • March 6, 1984 SIGNS THROUGHOUT THE CITY Objection had been received by residents of the City to staff and Councilmembers regarding the proliferation of signs throughout the City. The staff was requested to inspect and direct removal of signs that are not authorized. OF COUNCIL MEETING Upon motion by Egan, seconded Thomas, it was resolved that the City Council meeting be temporarily adjourned, subject to reconvening, in order to authorize the convening of the Housing and Redevelopment Authority. All voted in favor. At 10:10 p.m., upon motion by Egan, seconded Thomas, it was resolved that • the Eagan Housing and Redevelopment Authority convene according to notice, all members being present. All voted yes. Mr. Hedges explained the main purpose of the meeting was to review and approve the proposed Land Sale and Develop- ment Agreement covering the Minnesota Jockey Club race track facility. The March 6, 1984 redraft of the Agreement was distributed to the City Council members and also the exhibits proposed to be attached were dicussed. Mr. Wachter explained his opposition to tax increment financing. Thomas moved, Egan seconded the motion to approve the Agreement, subject to final review and approval by the staff. All members voted yes and Mr. Wachter voted yes because its purpose was to protect the City. HRA PUBLIC HEARING Egan moved, Smith seconded the motion to schedule a public hearing of the HRA for March 27, 1984 at 7:00 p.m. to review and act upon the proposed sale and disposition of certain land owned or to be owned by the HRA in Redevelop- ment District No. 1 in the City of Eagan, which disposition of land would be made in accordance with the land sale and development agreement between the HRA and the City of Eagan and the Minnesota Jockey Club, a limited partner- ship. All voted yes. @&_517.. Thomas moved, Smith seconded the motion to adjourn the HRA meeting. All is voted in favor. V Council Minutes • March 6, 1984 RE -CONVENE COUNCIL MEETING AT 10:35 P.M. The City Council meeting again was reconvened at 10:35 p.m. by the Mayor. City Administrator, Tom Hedges, next presented the proposed Land Sale and Development Agreement betwen the City of Eagan, the Eagan HRA, and the Minne- sota Jockey Club limited partnership. He stated that exhibits have now been prepared and will be attached to the Agreement and proposed a Resolution approving the form of the Contract on file with the City Clerk/Treasurer, and authorizing the execution by the appropriate officers. Upon motion by Smith, seconded Thomas, it was resolved that the recommendation of the City Clerk regarding the Land Sale and Development Contract be and it hereby is approved and the Contract be authorized to be executed by the appropriate City officers. All voted in favor. RACE FACILITY - PLANNED DEVELOPMENT AGREEMENT A draft planned development agreement prepared by the staff and city • attorney's office concerning the proposed Minnesota Jockey Club race facility was presented to the Council for its review. It was noted the draft covered the action of the Advisory Planning Commission and the City Council in August and September of 1983, including noise impact information regarding the pro- posed use of the site. Egan moved,.Thomas seconded the motion to approve the draft planned development agreement, subject to final approval and to autho- rize the Mayor and City Clerk to sign the appropriate documents. All voted yes. Egan moved, Wachter seconded the motion to approve the following check- list dated: All voted yea. Upon motion duly made and seconded, the meeting adjourned at 11:00 p.m. All voted in favor. PHH City Clerk 10 0 MEMO TO: CHONORABLE-MAYOR& CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MARCH 6, 1984 SUBJECT: ADVISORY PARKS & RECREATION COMMISSION RECOMMENDATION ROSE HILL ADDITION At its regular meeting on March 1, 1984, the Advisory Parks and Recreation Commission reviewed the proposed Rose Hill Addition. The Advisory Parks & Recreation Commission questioned potential problems relative to the access to Blackhawk Lake & relative to the development of private facilities with a relatively short property abutment on the .lake. After additional review, the Advisory Commission recommended that the City Council require a cash dedication requirement for the proposed plat. !/ Ken V cc: Dale Runkle, City Planner Tom Colbert, Director of Public Works Paul Hauge, City Attorney KV/kf MEMO TO: HONORABLE_MAYOR & CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MARCH 6, 1984 SUBJECT: ADVISORY PARKS & RECREATION COMMISSION RECOMMENDATION SAFARI ESTATES 2ND ADDITION At its regular meeting on March 1, 1984, the Advisory Parks and Recreation Commission reviewed the proposed Safari Estates 2nd Add�',and recommended that a cash dedication requirement be a conHition of plat approval. cc: Dale Runkle, City Planner Tom Colbert, Director of Public Works Paul Hauge, City Attorney KV/kf MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MARCH 6, 1984 SUBJECT: ADVISORY PARKS & RECREATION COMMISSION RECOMMENDATION HOLMES ADDITION At the regular meeting of March 1, 1984, the Advisory Parks and Recreation Commission recommended that the Holmes Addition be subject/tq a cash dedication requirement. 1�C 11 VL Qa __ cc: Paul Hauge, City Attorney Dale Runkle, City Planner Tome Colbert, Director of Public Works KV/kf 0 MEMO TO:CHONORABLE-MAYOR]& CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MARCH 6, 1984 SUBJECT: ADVISORY PARKS & RECREATION COMMISSION RECOMMENDATION Oak Cliff Addition At its regular meeting on March 1, 1984, the Advisory Parks and Recreation Commission reviewed the proposed Oak Cliff Addition as part of the Winkler/Jackson PUD. It was noted that the Planned Unit Development agreement requires a land dedication with the first phase of development. After review of the PUD agreement and additional discussion, the Advisory Parks and Recreation Commission recommended that the City accept the designated park land in the PUD agreement with the 'platting of the Oak Cliff Addition. Further, that the PUD agreement continueo require the grading of the park area as previously stipuladedjin the agreement. n CC: Dale Runkle, Tom Colbert, Paul Hauge, KV/kf City Planner Director of Public Works City Attorney MEMO TO:[—HONORABLE MAYOR& CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MARCH 6, 1984 SUBJECT: LAWCON/LCMR FISCAL YEAR 1985 GRANT APPLICATIONS The Advisory Parks and Recreation Commission on March 1, 1984, reviewed potential grant applications for the Fiscal Year 1985 LAWCON/LCMR grants program (see attachment addressed to the Advisory Commission). The Advisory Commission reviewed each of the subject park parcels and after a thorough discussion, has recommended to the City Council that grants be submitted in the following priority: 1. Coachman Park 2. Schwanz Lake Park 3. Capricorn Park In addition, the Advisory Commission has recommended to the City Council that the City staff and City Attorney be authorized to begin negotiations for acquisition of approximately 1.4 acres from three private property owners whose property touch upon the south shore of Schwanz Lake. It was noted that acquisition costs could come from part of a combined development/acquisition proposal or from the park site fund as may be necessary. Members also noted an express concern for the requirement of providing matching funds for each grant application. They requested staff to review and restructure said grant applications to reduce the amount of the City's match to a level acceptable to the Council and sustainable within the park site fund. ACTION TO BE CONSIDERED ON THIS ITEM: To approve modify or reject the Advisory Commission's recommendation for the submission of thl three priorty parks grant applications for Fiscal Year 19851 Attachment KV/kf / MEMO TO: ADVISORY PARKS & RECREATION COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: FEBRUARY 23, 1984 SUBJECT: FISCAL YEAR 1985 LAWCON/LCMR PARK GRANTS At the February meeting of the Advisory Parks & Recreation Commis- sion, staff made a brief presentation on possible changes for the fiscal year 1985 LAWCON/LCMR Grants program. Although the Metropolitan Council has not adopted its final review criteria, it would be appropriate for the Advisory Parks and Recreation Commission to determine its priorities for grant applications to insure that these applications can be submitted on a timely basis. Therefore, staff has prepared the following information relative to potential park sites for your consideration. 1. Coachman Park - In 1979 the City received an acquisition grant to acquire a .portion of now Coachman Park. This grant was awarded to the City under the entitlement of a community athletic complex for Section 9. The amount of the grant award to the City was for $99,000. Of this amount approximately $33,000 was of state LCMR funds. Because there is a $200,000 maximum award for C LCMR funds to any single project, there remains at least $170,000 of funding which can still be sought for development of the this park area. The working proposal currently being reviewed for a possible park bond referendum, indicates that Coachman Park's development would cost approximately $220,000, thus making it eligible for the funding under the LCMR/LAWCON cost -haring formula. 2. Schwanz Lake Park - The designation of Schwanz Lake Park as a community park may give this park area some priority for grant funding. However, there are three identifiable problems at this time which may affect the awarding of funds to the City for this park. These three problems are as follows: 1) the City does not currently own the property although it has been designated for acquisition under the Lexington South PUD. Assuming that Mr. Curry follows. through with his intentions of deeding this property to the City by October of 1984, this concern will be eliminated; 2) there remains approximately 1.4 acres of additional shoreline aquisition from three private property owners whose lot lines touch upon the south shore of Schwanz Lake. This aquisi- tion was noted in the systems plan study. Should the determination be made that a grant should be submitted for Schwanz Lake Park for development, direction should be given to the City Attorney's office to proceed with negotiations for purchase of this land. Acquisition costs could become a part. of the grant application under a combined development/acquisition proposal; DIRECTOR OF PARKS & RECREATION/ADVISORY COMMISSION r February 23, 1984 \ Page 2 3) Access to Schwanz Lake Park is to be from the proposed future South Wescott Hills Drive. Because the timing of this road construction is uncertain, it may affect the ranking of the grant. This can be somewhat mitigated by the inclusion of a temporary access road on the alignment of the future road bed. Including the optional shelter building for Schwanz Lake, development costs are estimated at $390,000. Under current formulas and at this grant maximum, the City could receive a total of $150,000 assuming sufficiently high rankings. 3. Capricorn Park - Capricorn Park has been designated as a quasi -community park facility under the park system plan. Estimated cost for the development of this facility is $460,000. Like Schwanz Lake, assuming high enough grant ranking, the City could expect to receive as much as $150,000 toward these development costs. Capricorn Park, because of its size, service area, accessibility by major roadways, as well as site suitability, lends itself toward being ranked as a significant project. 4. Rahn Park - Staff has considered the Phase 2 approach Cto the development of the athletic fields at Rahn Park. However, the City has already received, under the previous acquisition and Phase 1 development grant, $170,000. Current guidelines prohibit more than $200,000 maximum for any single project and, therefore, would limit the City to receiving only an additional $30,000 toward the Phase 2 development. 5. Thomas Lake Park/Blackhawk Park - The Director of Parks and Recreation has been approached by Mr. Ed Dunn to determine the interest of the City in acquiring, through purchase, the parkland designated under the existing PUD's for dedication, and in the case of Blackhawk Park, the offer to sell additional land to the south of Black - hawk Lake. Under the proposal to acquire through purchase parkland shown to be dedicated under the PUD agreement, the City would acquire the land with a grant application allowing the City to have earlier control of the property and then reinstating a cash dedication requirement on the adjacent land parcel which would generate future cash dedication fees exceeding the City's share in the cost acquisition procedure. This would be similar to acquisition of designated park property along Blackhawk Lake. Staff has a concern for the rankings of acquisition applications at this time as the ranking criteria is now heavily weighted toward development type projects. Staff has been considering C I DIRECTOR OF PARKS & RECREATION%ADVISORY COMMISSION February 23, 1984 Page 3 a possible development project for Thomas Lake Park but without acquisition of the property or acquisition pending, it is very unlikely the City would receive approval of a grant application. The Advisory Commission should make a determination of which grant applications it would like to have submitted for the fiscal year 185 grant cycle. Members should keep in mind that it may now submit more than one grant application. Members must also keep in mind that matching funds will be required by the City should the grants be awarded to any one or all of the projects submitted. There is insufficient funding within the park site fund to cover these matching costs and could only be made available through a successful parks bond referendum or special assessment levy. ACTION TO BE CONSIDERED ON THIS ITEM: Advisory Parks and Recrea- tion Commission is asked to select for recommendation to the City Council,,grants to be submitted for 1985. rector o KV/jj/kf rea ADMINISTRATIVE AGENDA EAGAN CITY COUNCIL REGULAR MEETING MARCH 6, 1984 CITY ATTORNEY CITY ADMINISTRATOR 1. Rough Draft, Development Agreement for Proposed Horse Racing Facility 2. Consideration of the Planned Unit Development Agreement for the Laukka/Beck P.U.D. DIRECTOR OF PUBLIC WORKS • 0 • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 5, 1984 SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY There are no items at this time to be considered under City Attor- ney. CITY ADMINISTRATOR 1. Rough Draft, Development Agreement for Proposed Horse Racing Facility -- The City Administrator, City Attorney and Director of Public Works have been meeting with representatives of the Minnesota Jockey Club to finalize the development agreement between the City of Eagan and Minnesota Jockey Club, Inc. The development agreement covers all issues that have been required by the City Council through the platting, rezoning, tax increment and industrial • revenue financing approvals previously authorized by the City Coun- cil. This development agreement is not unlike other development agreements with the exception that it covers tax increment financing and the housing and redevelopment authority action. A meeting is scheduled today to again review in detail the rough draft develop- ment agreement, a copy of which is enclosed without page number for your review. It is anticipated that corrections and changes will be made today and tomorrow to the development agreement. Therefore, it is recommended that action be considered by the City Council to adopt the development agreement between the Minnesota Jockey Club, Inc., and the City of Eagan. The action should be , made subject to any changes that are foreseen before the City Ad- ministrator or City Attorney before final signature which is usual and customary for all development agreements. Please note that the Eagan HRA must approve this item prior to City Council action. Enclosed in the packet is an agenda creating a special meeting of the HRA. Therefore, the Council meeting should be temporarily ad- journed for the HRA meeting and then reconvened after action is taken by the HRA. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the development agreement between the Minnesota Jockey Club, Inc., and the City of Eagan for the proposed horse racing facility. • • Administrative Agenda Information March 6, 1984 Meeting Page Two 2. Consideration of the Planned Unit Development Agrement for the Laukka/Beck P.U.D. -- The PUD agreement as it relates spcifical- ly to the PUD zoning for the Laukka/Beck PUD is in order for con- sideration at the March 6 Council meeting. The City Attorney will discuss this further at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the Plan- ned Development Agreement for the the Laukka/Beck PUD. DIRECTOR OF PUBLIC WORKS There are no items to be discussed under the Director of Public Works at this time. E • ADMINISTRATIVE AGENDA EAGAN CITY COUNCIL REGULAR MEETING MARCH 6, 1984 CITY ATTORNEY CITY ADMINISTRATOR 1. Rough Draft, Development Agreement for Proposed Horse Racing Facility 2. Consideration of the Planned Unit Development Agreement for the Laukka/Beck P.U.D. DIRECTOR OF PUBLIC WORKS • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 5, 1989 SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY There are no items at this time to be considered under City Attor- ney. CITY ADMINISTRATOR 1. Rough Draft, Development Agreement for Proposed Horse Racing Facility -- The City Administrator, City Attorney and Director of Public Works have been meeting with representatives of the Minnesota Jockey Club to finalize the development agreement between the City of Eagan and Minnesota Jockey Club, Inc. The development agreement covers all issues that have been required by the City Council through the platting, rezoning, tax increment and industrial • revenue financing approvals previously authorized by the City Coun- cil. This development agreement is not unlike other development agreements with the exception that it covers tax increment financing and the housing and redevelopment authority action. A meeting is scheduled today to again review in detail the rough draft develop- ment agreement, a copy of which is enclosed without page number for your review. It is anticipated that corrections and changes will be made today and tomorrow to the development agreement. Therefore, it is recommended that action be considered by the City Council to adopt the development agreement between the Minnesota Jockey Club, Inc., and the City of Eagan. The action should be made subject to any changes that are foreseen before the City Ad- ministrator or City Attorney. before final signature which is usual and customary for all development agreements. Please note that the Eagan HRA must approve this item prior to City Council action. Enclosed in the packet is an agenda creating a special meeting of the HRA. Therefore, the Council meeting should be temporarily ad- journed for the HRA meeting and then reconvened after action is taken by the HRA. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the development agreement between the Minnesota Jockey Club, Inc., and the City of Eagan for the proposed horse racing facility. • • Administrative Agenda Information March 6, 1984 Meeting Page Two 2. Consideration of the Planned Unit Development Agrement for the Laukka/Beck P.U.D. -- The PUD agreement as it relates spcifical- ly to the PUD zoning for the Laukka/Beck PUD is in order for con- sideration at the March 6 Council meeting. The City Attorney will discuss this further at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve'or deny the Plan- ned Development Agreement for the the Laukka/Beck PUD. DIRECTOR OF PUBLIC WORKS There are no items to be discussed under the Director of Public Works at this time. • 0 AGPSIDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL MARCH 6, 1984 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS e•� A. Fire Department t1C. Park & Recreation Department �1 \ B. Police Department LD. Public Works Department IV. 6:55 - CONSENT ITEMS (One Motion Approves All Items) n. 4 A. Project 396, Receive Feasibility Report/Order Public Hearing (.4 (Westbury Addition -Streets & Utilities) 5 B. Project 395, Receive Feasibility Report/Order Public Hearing •• (Lexington Avenue Trunk Watermain/Booster Station) (o C.. Grading Permit Application, Westbury Addition (Gabbert Devel p - Pment, Inc. D. Tax Forfeit Property, Classification as Non -Conservation Land Q (Dakota County Auditor) E. Contractors' Licenses 14 F. Personnel Items - P• V. 7:00 - PUBLIC HEARINGS A. Project 305, Wescott Road (Trunk Watermain) ` Z B. Project 373, Alternate, Cedarvale 2nd Addition (Storm Sewer Driveways) VI. OLD BUSINESS i y 3(OA. Perry Kieffer for a Conditional Use Permit for Commercial Storage Facilities in an Agricultural Zoning District in Part of the SWk of the NE'y of Section 22, Parcel 10-02400-010-05, 3955 Dodd Road (To be continued until April 3, 1984 City Council meeting) 0 Eagan City Council Agenda • March 6, 1984 Meeting Page Two VIII. NEW BUSINESS 31 A. Joseph Hoffman for a Preliminary Plat, Sunset 5th Addition, PContaining 1 Acre and Platted into Two Single Family Lots in Part of the NEk of the NW} of Section 25, Lying South of County Road 30 (Diffley Road), North of Saddlehorn Addition and Directly West of Dodd Road P.� 6 B. Mark Parranto for a Front Setback Variance for Lot 12, Block 1, HiLlcrest Addition 9.41 C. Ratification of Local 320 Contract, Public Works Maintenance IX. ADDITIONAL ITEMS �•5 A. Contract 84-2, Receive Bids/Award Contract (Wescott. Trunk Sanitary Sewer) PSH B. Contract 84-4, Approve Plans/Authorize Advertisement for Bids (Yankee Doodle Reservoir Repainting) 5S C. Contract 84-5, Receive Bids/Award Contract (Fire Administration Parking Lot) s 7 D. Project 348, Receive Feasibility Report/Order Public Hearing Q (Coachman/Four Oaks Road — Streets) �.> �6 E. Final Plat Application, Kensington Place (Tomark Development) S9 F. Review of Proposed 1984 City Policies 8 Priorities as Prepared • by the League of Minnesota Cities X. VISITORS TO BE HEARD (For Those Persons Not On the Agenda) XI. ADJOURNMENT E • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES • • DATE: MARCH 2, 1984 SUBJECT: AGENDA INFORMATION MEMO MARCH 6, 1984, CITY COUNCIL MEETING After approval of the February 21, 1984, regular City Council minutes and the agenda for the March 6, 1984, City Council meeting, the following items are in order for consideration: FIRE DEPARTMENT A. Fire Department -- There are no items to be discussed under Fire Department at this time. POLICE DEPARTMENT B. Police Department -- There are no items to be considered under Police Department at this time. PARKS & RECREATION DEPARTMENT C. Parks & Recreation Department -- There are no items to be considered under Parks & Recreation Department at this time. Agenda Information Packet March 6, 1984 City Council Meeting • Page Two PUBLIC WORKS DEPARTMENT D. Public Works Department --Item $1: Private Development Adminis- trative Fee Schedule -- On January 1, 1983, the City Council ap- proved a revision to the bonding requirements associated with de- velopment within the City. The present bonding requirements stipu- late that a financial guarantee must be placed with the City guaranteeing at least 608 of the cost of public improvements (streets & facilities necessary to service the proposed subdivision. This financial guarantee requirement is the same whether these pub- lic improvements are installed under City contract (guarantee for payment of assessments) or installed privately by the developer (guarantee for completion of installation). Prior to this revision, public improvements installed privately be developers were required to place a financial guarantee in the amount of 1258 of the estima- ted cost of improvements while those that were constructed under a public contract did not require any financial guarantee to insure the collection of assessments. As can be seen, this new revision has made installation of public improvements more equitable and at the developer's discretion as to whether it is performed privately or through a City contract. Subsequently, during 1983, the City noticed that approximately 45-558 of the subdivision improvements were performed privately by the developers. During 1984, it appears that this percentage will increase to approximately 60-658 for private installation. The Public Works Director is concerned about the negative impact that private development has on the City's budget situation. Those improvements performed under public contract generate 4.08 in revenue for administrative services rendered by the Engineering, Maintenance and Special Assessment Divisions for plan review/con- tract management, assessment searches/spreads and construction/final inspection, respectively. With the increasing number of develop- ments installing improvements, this additional revenue is no longer available to supplement the general fund budget to finance the per- sonnel within the various divisions of the Public Works Department which is necessary to insure compliance with City standards. How- ever, those subdivisions which improvements installed privately require varying levels of staff review and assistance by the three divisions. However, there is no revenue generated to offset these increasing costs as there are with public contracts installed im- provements. • Therefore, the Public Works Director would like to discuss with the City Council a new policy whereby those subdivisions that have • public improvements installed privately would be charged an adminis- trative fee to cover the costs of plans/spec review, construction /AR • Agenda Information Packet March 6, 1984 City Council Meeting Page Three -R review/management, financial bond calculations/review/reductions, construction/final inspections, etc. Due to the fact that there are no special assessments associated with private development of public improvements, the full 4.08 administrative fee would not be necessary. Therefore, the Public Works Director would like to suggest that a minimum fee of $1,000 be established to be paid as a condition of final plat approval and that a sliding scale starting at 1.58 for the first $100,000 and decreasing by 0.18/$100,000 to $1,000,000. All costs incurred by outside consultants, inspection services, etc., are billed directly to the City and forwarded to the developer for reimbursement. However, we presently have no means of passing on similar costs for the increasing time spent by staff personnel. The Public Works Director would like to discuss this policy in further detail with the Council so that a formal policy and fee schedule can be prepared for adoption at the next meeting. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the con- cept of administrative fee schedule for public improvements instal- led privately, and, if approved, direct the Public Works Department to prepare a formal schedule for review by the Council at a later date. • 3 Agenda Information Packet March 6, 1984 City Council Meeting Page Three -90 There are six (6) items on the agenda referred to as the Consent Agenda requiring one (1) motion by the City Council. If the City Council desires to discuss any of the items in further detail, those items should be removed from the Consent Agenda and place under Additional Items unless the discussion required is brief. PROJECT 396, FEASIBILITY REPORT A. Project 396, Receive Feasibility Report/Order Public Hearing (Westbury Addition - Streets and Utilities) -- On February 7, 1984, the City Council received a petition and subsequently ordered the preparation of the feasibility report for the installa- tion of streets and utilities to service the first phase of the Westbury Addition in the southwest corner of Wescott and Lexington Avenue. Concurrently, the Council also ordered the preparation of detailed plans and specifications due to the waiver and guarantee of costs by the applicant. This feasibility report has been completed and is now being presented to the Council for their consideration of scheduling . a public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 396 (Westbury Addition - Streets and utilities) and order the public hearing to be held at 7:00 p.m. on April 3, 1984. If Agenda Information Packet March 6, 1984 City Council Meeting • Page Four PROJECT 395, FEASIBILITY REPORT B. Project 395, Receive Feasibility Report/Order Public Hearing (Lexington Avenue - Trunk Watermain/Booster Station) -- At the February 7, 1984, Council meeting, the City Council authorized preparation of the feasibility report for the installation of a trunk watermain from Wescott Road to Diffley Road and the construction of a booster station to service the high pressure zone. This feasibility report has been completed and is being presented to the Council for their consideration of scheduling a public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 395 (Lexington Avenue - Trunk Watermain/Booster Station) and order the public hearing to be held at 7:00 p.m. on April 3, 1984. • Agenda Information March 6, 1984 City Page Seven Packet Council Meeting GRADING PERMIT APPLICATION/WESTBURY ADDITION C. Grading Permit Application - Westbury Addition (Gabbert Development) -- The staff has received an application to perform the grading operations associated with the development of the Westbury Addition first phase. All application fees, bonds, insurance certificates, and grading plans have been submitted, reviewed and approved by staff and found to be in order for consideration by the Council. The grading of the first phase will be in accordance with the preliminary plat that was approved by the Council on January 17, 1984. ACTION TO BE CONSIDERED ON THIS ITEM: To permit application for the first phase as submitted by Gabbert Development, Inc. [%� approve/deny the grading of the Westbury Addition • E Agenda Information Packet • March 6, 1984 City Council :'eeting Page Eight TAX FORFEIT PROPERTY D - Tax Forfeit Property, Classification as Non -Conservation Lands (Dakota County Auditor) -- On December 20, 1983, the County Board classified the following legal descriptions as non -conservation lands in preparation for the tax forfeiture sale that will eventually be held on these properties. They routinely request the City of Eagan to similarly review these properties to determine if there is any public need or benefit associated with this property prior to its placement on the open market for resale. These properties are described as follows: 1. Parcel #10-02700-012-25, Wilderness Run Fifth Addition (Page 2. Parcel #10-02700-012-51, Ches Mar Second Addition (Page 9 ) 3. Parcel #10-88800-106-00, Zehnder Acres (Page /Q ) City staff has reviewed the above three parcels and found that the City would have no interest in any of these parcels with the exception of Parcel #10-02700-012-51. It would be in the • City's best interest to request that this property be classified as public conservation land and transferred over to the City of Eagan as a part of our future well site/Ravine Park development. As can be seen, this tax forfeited property is a five-foot sliver of land located between the well site and the west right-of- way of Ches Mar Drive. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the classifica- tion of the tax forfeited parcels as follows: Parcel #10-02700-012-25 (Non -Conservation) Parcel #10-02700-012-51 (Conservation/Public Interest) Parcel #10-88800-106-00 (Non -Conservation) C, J and authorize the Mayor and City Clerk to execute all related documents as may be required. 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P n. cau.r...•...• r•• em Xo ua aw8, (,•nnurr HIGHWAY NO. .ar,,•.•7•;•i 32 =1 oro -77 Y7,7 City of Eagan 030-75 • 17 zE °a rt st'.�f I y o � �. o I a Jr r 3d* I 3 e S SKYLINE J r c B # v L. 2 lC v Joe/ G. !Sr Leone � 0 /3 6 Jso tY t(+ N fro it frs is r i V0 s70" 41 14 o -M a WTD 37oA-A W�AiSOq CT ' s7o 3-A AVSTI PR YOR 370 4^ C _._ 5 R• �'• n/—' 2G ---- �6Ne- OAK 2OAp n� - No �fhPi-n Nafcii-a/ CJI 1• r'•. \ Agenda Information March 6, 1984 City • Page Nine • 0 Packet Council Meeting CONTRACTORS LICENSE E. Contractors License -- The City has received Contractor License applications from 15 general contractors, 1 masonry cement contractor, and 8 heating and ventilating contractors, all of whom do work in the City of Eagan and seven -county metropoli- tan area and according to the Protective Inspections Department are considered reliable. The necessary documents and fees have been submitted and it is the recommendation of the Chief Building Inspector that the contractors licenses, per City Code Chapter 6.42, be approved. Enclosed on pages IZ through kis a copy of the contractors list. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the contractors licenses as referenced. REVISED FOR MARCH 6, 1984 CITY COUNCIL MEETING: • GENERAL CONTRACTORS: 1. BENTZEN & ASSOCIATES 2. BERG, 0. L. CONSTRUCTION 3. CLA CONSTRUCTION CO., INC. 4. CREATIVE CONSTRUCTION CO. 5. CREATIVE ENERGY HOMES INC. 6. CUSTOM WOOD DESIGN 7. GIERTSON COMPANY 8. JOHNSON, M. W. CONSTRUCTION 9. KNOLL CONSTRUCTION 10. NORTHSTAR BLDRS. OF APPLE VALLEY • 11. OLSON CONCRETE CO. INC. 12. P & M CONSTRUCTION INC 13. SONS CONSTRUCTION CO 14. WEHMHOFF CONSTRUCTION 15. DON CHRISTENSON BUILDERS MASONRY, CEMENT WORK 1. B & H FIREPLACE INSTALLERS • �a • E HEATING &'VENTILATING CONTRACTORS: 1. FARMER'S HTG. & COOLING 2. KLEVE HTG. & AIR COND. 3. MIDLAND HTG. & AIR COND. 4. MODERN HTG. & AIR COND. 5. O'KEEFE MECHANICAL INC. 6. RICH'S HTG. & AIR COND. 7. ROUSE MECHANICAL INC. 8. GEO. SEDGWICK HTG. & AIR COND. 13 Agenda Information Packet March 5, 1984 City Council Meeting ePage Ten PERSONNEL ITEMS F. Personnel Items: 1. Resignation of Public Works/Planning Department Secretary -- The Public Works Director has received a letter of resignation from Judy Chaffee -Heald who has been the de- partmental secretary for the Public Works Director and City Planner since July of 1980. The resignation becomes effective on the last day of work, March 9, 1984. Due to the fact that this position is critical to the functions of the two departments, the Public Works Director is re- questing that the resignation be accepted and authorization be given for an immediate replacement in accordance with standard City policies and procedures. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resig- natin of Judy Chaffee -Heald as Public Works/Planning de- partmental secretary and authorize advertisement for the replacement of this position. • 2. Authorization to Fill Vacancy of Special Assessment Aide Presently, the Public Works Department shares a clerk/ typist position as a special assessment aide with the Finance Department as a utility billing clerk aide. This position is presently filled by Nancy Ohm. The approved 1984 budget increased the 0.5 allocation of this position to a full time clerk/typist position to continue the as- sistance for utility billing while adding clerk/typist assistance to payroll, purchasing and general accounting functions. The Public Works Director, City Administrator and Finance Director have reviewed the situation and deter- mined that this 1984 full time position could best be ful- filled by the transferring of Nancy Ohm. Subsequently, this leaves a 0.5 position vacant for a special assessment aide to the special assessment division of the Public Works Department. Therefore, the Public Works Director is requesting authorization from the City Council to advertise for a permanent part-time (20-30) hours/week to fulfill this special assessment aide posi- tion. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the advertisement for a permanent part-time special assessment aide in accordance with present City policies and proce- dures. Agenda Information Packet • March 6, 1984 City Council Meeting Page Eleven PROJECT 305/WESCOTT ROAD A. Project 305, Wescott Road (Trunk Watermain) -- Enclosed on page /& is a memo from the Director of Public works which gives a bri�istory pertaining to the final assessments associated with Projct 305. It also outlines the proposed assessments being presented at the final assessment hearing to be held on March 6, 1984. Enclosed on page is a letter staff received from Mr. Pat McCarthy objecting to the assessments associated with the hearing to be held on March 6 as it pertains to three of the four parcels. Also enclosed on pages 17 through 2,0 is a notice of the formal appeal filed with Dakota CountyDistrict Court pertaining to the original assessments that were approved at the December 20, 1983, Council meeting. Subsequently, it is anticipated that the property owner and their attorney, Mr. Arnold Kempe, will continue their appeal process pertaining to these assessments. To insure compliance with Minnesota Statutes 429 pertaining • to special assessments, the Council authorized the hiring of an appraiser to evaluate the benefit to the properties proposed to be assessed under this Project. Forwarded to the Council under separate cover is the report from the City's appraiser, Mr. Mark Parranto, presenting his evaluation of increased benefit associated with this improvement project. Enclosed on page a \oL bis a location map showing various properties in question and their relationship to the improvements installed under Project 305. The City Attorney will advise the Council as to the proper procedure associated with this public hearing to protect the City's interests in levying the final assessments associated with this project. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify/deny the proposed final assessments for Project 305R as presented at the public hearing. If approved, authorize certification of said amounts to the County Auditor for collection. • �5 0 E E TO: ANN GOERS, SPECIAL ASSESSMENT CLERK FROM: THOMAS A. COLBERT,,DIRECTOR OF PUBLIC WORKS v DATE: FEBRUARY 24, 1984 SUBJECT: PROJECT 305, WESCOTT ROAD ASSESSMENTS (TRUNK WATER MAIN) In July of 1983, the original final assessment hearing was held for this project. Due to objections that were received at that time, I he public hearing was continued until December 20, 1983. At that time, the City Council formally approved the final assessment roll as was originally prepared. However, within the required 30 days of that final assessment hearing, the City received a notice of ap- peal pertaining to the amount of the assessments. i Subsequently, on February 7, 1984, the City Council cancelled the final assessments as levied on December 20, 1983 for Project 305 and ordered a new final assessment hearing to be held on March 6, 1984. In reviewing the original final assessment roll that was prepared in comparison to the benefits received from the adjacent properties, it was discovered that the assessments associated with lateral bene- fit from trunk water main were not properly allocated to the abut- ting property. Therefore, the following is a new cost allocation which should be used in preparing a new final assessment roll to be Presented at the final assessment hearing scheduled for March 6, 1984: PROJECT 305R WESCOTT ROAD TRUNK WATER MAIN /(0 PARCEL NUMBERS ASSESSMENT IMPROVEMENT 10-01500-011-76 10-01500-012-76 }0-02200-01(�- 1 N 10-02200-011-04 Trunk Area Water 1) Total Area 39.3 Ac 38.3 Ac 39.83 Ao 39.92 Ac 2) Less Street R -O -W -3.0 Ac -3.0 Ac 2.99 Ac NA credit 1.2 Ac 3) Less Ponding Easement -13.2 Ac -1.2 Ac 3.00 Ac Credit 4) Less 201 future R -O -W -4.6 Ac -6.8 Ac 6.77 Ac 7.74 Ac - credit 30.98 Ac 5) Net Assessable Area 18.5 Ac 27.3 Ac 27.07 Ac $700 6) Rate/Acre $700 $700 $700 $21,686.00 7) Area Assessment Amount $12,950 $19,110 :18,949.00 Lateral Benefit From Trunk Water Main 1) Assessable Footage 2,175' 1,290' 85n' NA 2) Rate/L.F. $10.90 $10.90 $13.05 NA 3) Lateral Assessment Amt_§23,707.50 $14,061.00 $11,092.50 NA $33,171 $30,041.50 (TOTAL ASSESSMENT $36,657.50 $21,686.00 /(0 0 • ReL-e%,IL I )-gi- ?` February 22, 1984 E. J. VanOverbeke City Clerk City of Eagan Pilot Knob Road and Wescott Road Eagan, Minnesota 55121 Re: Reassessment of Water Improvements to Wescott Road between Denmark and Lexington, City Improvement Project No. 305 Total Proposed Reassessment $27,032.25 ATTN: Mayor and City Council Please be advised that the Estate of Dennis McCarthy and Patrick 0. McCarthy object to the proposed reassessment of their property for the above captioned improvement. This objection shall be considered a continuing objection to the reassessment proposed for March 6, 1984, for the above captioned improvements and any continued, further or subsequent proposed assessment for said improvements to the undersigned's property. 0%' Patrick 0. McCarthy C.J G P trick 0. McCarthy as Personal,representative of the Estate of Dennis McCarthy' 17 • • STATE OF ;'INNESOTA COUNTY OF DAKOTA Patrick McCarthy, James =.McCarthy, Thomas (McCarthy, Appellants, DISTRICT COURT FIRST JUDICIAL DISTRICT �sv pcu-t ('r' VS. NOTICE OF APPEAL City of Eagan, UNDER MINN. STAT. 429.081 FROM , Respondent. ASSESSMENTS ADOPTED ON DECEMBER 20, 1983. ------------------------------ TO CITY OF EACAN, A MUNICIPAL. CORPORATION and to Mr. Nick Vujovich, Clerk of the above named Court PLEASE TAKE NOTICE, that the above appellants as owners of the property parcels hereinafter identified hereby appeal to the District Court of Dakota County, Minnesota with respect to the assessment of $45,4"11.00 adopted by the City of Eagan City Council on the 20th day of December, 1983, against the parcel of property described as 10-01500-010-76 for alleged improvements installed under City of Eagan Project Number 258-. 3 0.�_ That said Appellants do hereby further appeal to the District Court in and for said County from and with resepct to the assess- ment of $27,032.25 adopted by the City Council of the City of Eagan on the 20th day of December, 1983, against the property described as parcel number 10-02200-011-04 for alleged improvements of the City of Eagan described as City of Eagan Project Number 350. 30s'- The 0S The reasons and grounds for the aforesaid appellants' appeals including among others 1. That the assessment constitutes a violation of and is contrary to (a) the due process and equal protection clauses of the United States Constitution, Amendment XIV, (b) Section 7 of Article I V w and Section 1 of Article IX of the Constitution of the State of Minnesota, and '(c) Minnesota Statute 429; that said assessment is unlawful and unconstitutional. 2. That said assessment is unfair, unjust, arbitrary, capricious and contrary to law. 3. That the procedures used in determining, and adopting said assessment were contrary to law. 4. That the notices required by Minnesota Statute 429 for improvement hearings and a3sessment hearings were not given in i accordance with the applicable statutes and the assessments are therefore unlawful. 5. That the criteria used to determine said assessment was not proper for the imposition of a special assessment and as a result •thereof said assessment deprives the appellants of their property i j without due process of law, contrary to the Fourteenth Amendment of the United States Constitution and Article I, Section 'l, of the i Constitution of the State of Minnesota. ,i 6. That Appellants' property has not been benefitted in any I 30.� way by the alleged improvements constituting Project No. 3�0 and i as a result thereof the aforesaid assessment stemming from Project 3C5 No. 35,f1 is an unconstitutional deprivation and taking of private property without due process of law. 7. That Appellants' property has received no special benefit from the alleged improvements; that the fair market value of Appellants'' property has not increased as a result of the alleged i improvements. i I Cl • DATED this 19th day of January, 1984. KEMPE & MURPHY By: Arno d E. Kempe Attorneys for Appellants One Signal Hills West Saint Paul, Minnesota 55118 (612) 457-5585 ZO 0 WESCOTT ROAD WATERMAIN PROJECT No. 305 9 • 200' I /0—p,z,t00-0/0-0/ ( WEsr/+,u2y AOO) Agenda Information Packet • March 6, 1984 City Council Meeting Page Twelve PROJECT 373 -ALT, CEDARVALE 2ND ADDITION B. Project 373 -Alt., Cedarvale 2nd Addition (Storm Sewer and Driveways -- On January 17, the public hearing was held for Project 373 which discussed various alternates for the elimination of the service drive to old Trunk Highway 13 (Cedarvale Boulevard) adjacent to Rax, Perkins, Country Club Market and Minnesota Federal Savings and Loan. At that meeting, with the various alternatives being discussed and no clear concensus from the affected property owners, the staff was directed to review potential other alternates and to meet with the affected property owners to try and arrive at an acceptable alternate. On February 10, the staff held a special meeting with all potentially affected property owners which resulted in a scaled-down project which has been reviewed and discussed in a revision to the original feasibility report, which is now being forwarded to the Council designated Project 373 -Alternate. This report is contained on pages 'X3 through -_21,5 for the Council's review and reference during the pu5fic hearingwhich was scheduled for March 6. All notices have been sent to all potentially affected property owners along with a copy of the feasibility report for their • review and comment. As of this date, the staff has not received any objections to this revision as presented in this alternate report. The Consulting Engineer and Public works Director will be available to discuss the details associated with this project during the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: Close public hearing and approve/modify/deny Project 373 -Alt. (Cedarvale 1st and 2nd Addition - Storm Sewer and Driveways) and, if approved, authorize the preparation of detailed plans and specifications. • %"L- 0 µ�REFUR T on CEDERVALE 2nd ADDITION STORM SEWER, DRIVEWAY & BOULEVARD. IMPROVEMENTS PROJECT NO.373 - ALTERNATE 0 FOR EAGAN, MINNESOTA Hw FILE NO.49278 Bored war Roseomf 4ac&4" a 4 m, Am e*w&d'4r9 c • a Pawl, m"ft"o& a3 E E 0 4"Je'%. h & 4 4, 9,w. #VA."36 Pa.4 M •_ 55113 .612.636-4600 February 20, 1984 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55121 Re: Cedarvale 2nd Addition Storm Sewer and Street Project 373 - Alternate Our File No. 49278 Dear Mayor and Council: Improvements Gk. R. Caok. P.E. Keith A. Gorden, P.E 7h. E. Hogs. P.E Rkhard W. F=ff. P.E. Radn G. Sehamrhl P.E. Marvin L. Sw . P.E. Gorvtd C. Borrysdt. P.E. Jerry A. Bo M. P.E. Mark A. Hmvan. P.E. Ted K. F.W, P.E MirhaH T. R. .. P.E. Rader R. P/r//rrk. P.E. Bbvd Lorkma. P.E. Charly A. Erick. ! M. Pa.ekk7 Ha M. Oban Transmitted herewith is our report for Cedarvale 2nd Addition, Project 373 - Alternate. This report presents an alternate improvement project from that presented at the public hearing on January 17, 1984. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, 80NESTR00, ROSENE, AN RLIK 6 ASSOCIATES, INC. YMarA:"Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minn sora. Mark A. Hanson Date: February 20, 1984 Reg. No. 14260 Approved by: i omas A. Colbert, P.E. Director of Public Works 9402b Date: .2 - '� 3 J a4 Ono G, Boa .. P.E. G Roan W. Raver. P.E _ /avrM C. Andr fik. P.E Bradj"A. lrmarrk. P.E. Knhard 1'. T.mn, P.E. Jam. C. Oban. P.6 Gk. R. Caok. P.E. Keith A. Gorden, P.E 7h. E. Hogs. P.E Rkhard W. F=ff. P.E. Radn G. Sehamrhl P.E. Marvin L. Sw . P.E. Gorvtd C. Borrysdt. P.E. Jerry A. Bo M. P.E. Mark A. Hmvan. P.E. Ted K. F.W, P.E MirhaH T. R. .. P.E. Rader R. P/r//rrk. P.E. Bbvd Lorkma. P.E. Charly A. Erick. ! M. Pa.ekk7 Ha M. Oban Transmitted herewith is our report for Cedarvale 2nd Addition, Project 373 - Alternate. This report presents an alternate improvement project from that presented at the public hearing on January 17, 1984. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, 80NESTR00, ROSENE, AN RLIK 6 ASSOCIATES, INC. YMarA:"Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minn sora. Mark A. Hanson Date: February 20, 1984 Reg. No. 14260 Approved by: i omas A. Colbert, P.E. Director of Public Works 9402b Date: .2 - '� 3 J a4 SCOPE: This project provides for the construction of storm sewer with related • driveway and boulevard improvements within and adjacent to Cedarvale 2nd Addi- tion. This report is the result of various meetings with the affected proper- ty owners to review the proposed improvement project presented at the public hearing on January 17, 1984 and to determine the extent of improvements neces- sary to meet the needs of each business and the City of Eagan. Therefore, this report, Project No. 373 -Alternate, presents an improvement project which best addresses the needs of each business and the City. Estimated costs and a preliminary assessment roll are included at the back of this report. CHANGES TO ORIGINAL FEASIBILITY REPORT: It is proposed as part of this alternate report that the private service drive located westerly of Country Club Market remain as a private service drive and be maintained by the adjacent property owners. It is also proposed to maintain the private service drive between Mister Donut and Home Juice Co. • No storm sewer laterals will be constructed under this report to service the parking lots of Country Club Market (Parcel #050-04) or Cedarvale Lanes (Lot 1, Block 1 Cedarvale 2nd Addition). FEASIBILITY AND RECOMMENDATIONS: The project is feasible from an engineering standpoint and is in accordance with the Master Utility and Street Plan for the City of Eagan. The project as outlined herein can best be carried out as one contract. DISCUSSION: A. Storm Sewer - Storm sewer proposed herein includes storm sewer within the existing drainage ditch along the south side of Cedarvale Boulevard as previ- ously recommended. However, it is proposed at this time to extend the storm sewer westerly to the existing culverts at Rahn Road and easterly to the ex- isting culvert beneath the driveway entrance to Home Juice Co. • Page 1. 9402b A5' • Catch basin inlet structures are required for each of the private drives onto Cedarvale Boulevard. Also included is a short extension of storm sewer to the private drive located between Rax Restaurant and Country Club Market. B. Driveway and Boulevard - Driveway and boulevard improvements are separated into two parts. Part I provides for improvements to Rax and Perkins Restau- rant, and Minnesota Federal. These. improvements include removal of the pri- vate service drive and extending each drive to Cedarvale Boulevard as shown on the attached drawing. Grading of the boulevard area and sodding is required due to removal of the existing service drive and construction of storm sewer. It is also proposed to construct an 1-1/2" thick bituminous overlay on the ex- isting service drive located southerly of Minnesota Federal which will remain in service and become their main entrance. • Part II provides for boulevard improvements for Country Club due to storm sewer construction. Also included is construction of concrete curb and gutter and bituminous mixture for patching adjacent to the new catch basin inlet structure located at the northerly end of the private service drive between Rax Restaurant and Country Club Market. AREA TO BE INCLUDED: ASSESSMENT AREA NE 1/4 Section 19 Parcel 050-04 - Country Club Market CEDARVALE 2ND ADDITION Lot 2, Block 1 - Rax Restaurant Lot 3, Block 1 - Perkins Restaurant Lot 4, Block 1 - Minnesota Federal • Outlot D - Minnesota Federal Page 2. 9402b 26 • COST ESTIMATE: Detailed cost estimates are presented in Appendix A located at the back of this report. A summary of these costs are as follows: A. Storm Sewer B. Driveway and boulevard $ 42,130 a. Rax and Perkins Restaurant and Minnesota Federal 53,530 b. Country Club Market 8.920 TOTAL ........................ $104,580 The total estimated project cost is $104,580 which includes contingencies and all related overhead. Overhead costs are estimated at 27% and include legal, engineering, administration and bond interest. Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this re- sewer. Therefore, all costs associated with storm sewer will be assessed to the benefited property on a front foot basis as shown on the attached draw- ing. Trunk area storm sewer for this area has not been assessed and is not proposed to be assessed as part of this project. It is assumed trunk area storm sewer for this area will be assessed at the time trunk storm sewer fa- cilities further down stream are constructed. B) DRIVEWAY AND BOULEVARD: a) Rax and Perkins Restaurant and Minnesota Federal - All costs associated with driveway and boulevard improvements to Rax and Perkins Restaurant and Minnesota Federal are proposed to be assessed equally between the three busi- nesses. Included as part of this work is grading and filling of the open • ditch. Page 3. 9402b 2-7 port. All costs presented herein will be revised based on final costs. • A) STORM SEWER: All storm sewer construction proposed herein is lateral storm sewer. Therefore, all costs associated with storm sewer will be assessed to the benefited property on a front foot basis as shown on the attached draw- ing. Trunk area storm sewer for this area has not been assessed and is not proposed to be assessed as part of this project. It is assumed trunk area storm sewer for this area will be assessed at the time trunk storm sewer fa- cilities further down stream are constructed. B) DRIVEWAY AND BOULEVARD: a) Rax and Perkins Restaurant and Minnesota Federal - All costs associated with driveway and boulevard improvements to Rax and Perkins Restaurant and Minnesota Federal are proposed to be assessed equally between the three busi- nesses. Included as part of this work is grading and filling of the open • ditch. Page 3. 9402b 2-7 • b) Country Club Market - All costs associated with boulevard improvements and restoration of the private service drive due to storm sewer construction loca- ted directly northwest of Country Club are proposed to be assessed entirely to Country Club. REVENUE SOURCES: Revenue sources to cover the cost of this project are as follows: STORM SEWER Project Cost Revenue Balance Lateral $42,130 Lateral Assessment4$ 2,130 $42,130. $42,130 - 0 - DRIVEWAY AND BOULEVARD a) Rax and Perkins Restaurant and Minnesota Federal • Lateral $53,530 Lateral Assessment5$ 3,530 $53,530 $53,530 - 0 - b) Country Club Market Lateral $ 8,920 Lateral Assessment $ 8,920 $ 8,920 $ 8,920 - 0 - TOTAL.............................................. - 0 There is no obligates from the City Trunk Funds for this project. E Page 4. 9402b -;V�, • PROJECT SCHEDULE Present Feasibility Report L C, I Public Hearing Approve Plans and Specifications Open Bids Award Contract Construction Completion Assessment Hearing First Payment Due with Real Estate Taxes Page 5. 9402b 1 December 6, 1983 March 6, 1984 Feb./Mar., 1984 Mar./Apr., 1984 Apr./May, 1984 August, 1984 September, 1984 May, 1985 • APPENDIX A COST ESTIMATE CEDARVALE 2ND ADDITION STORM SEWER AND DRIVEWAY AND BOULEVARD IMPROVEMENTS PROJECT 373 — ALTERNATE A. STORM SEWER 690 Lin.ft. 24" RCP storm sewer in pl. @ $30.00/lin.ft. $ 20,700 40 Lin.ft. 18" RCP storm sewer in pl. @ $26.00/lin.ft. 1,040 20 Lin.ft. 24" CMP storm sewer in pl. @ $20.00/lin.ft. 400 2 Each Std. 4' dia. MH w/cstg. @ $1,000.00/each 2,000 6 Each Std. CBMH w/cstg. @ $900.00/each 5,400 1 Each Std. CB w/cstg. @ $800.00/each 800 50 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 500 750 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 750 Total $ 31,590 • +5X Contingencies 1,580 $ 33,170 +27% Legal, Engrng., Admin..& Bond Interest 8,960 TOTAL ........................................... $ 42,130 • Page 6. 9402b 30 • B. DRIVEWAY AND BOULEVARD a) Rax and Perkins Restaurant and Minnesota Federal 600 Lin.ft. Remove existing concrete curb @ $1.00/lin.ft. 2,220 Sq.yds. Remove bituminous pavement @ $2.00/sq.yd. 3,000 Cu.yds. Common excavation @ $2.00/cu.yd. 2 Each Relocate existing hydrant @ $500.00/each 500 Ton Class 5, aggregate base @ $1.00/ton 1,180 Lin.ft. B612 concrete curb and gutter @ $5.00/lin.ft. 120 Ton Bituminous base course @ $12.00/ton 200 Ton Bituminous wear course @ $12.00/ton 18 Ton Bituminous material for mixture @ $210.00/ton 80 Gals. Bituminous material for tack coat @ $1.50/gal. 5,550 Sq.yda. Sod with topsoil and mulch @ $2.00/sq.yd. Total +5% Contingencies n U • +27% Legal, Engrng., Admin. b Bond Interest TOTAL ........................................... b) Country Club 1,000 Cu.yds. Common borrow @ $3.00/cu.yd. 60 Lin.ft. 8612 concrete curb and gutter @ $5.00/lin.ft. 30 Sq.yds. Bituminous mixture for patch @ $10.00/sq.yd. 1,540 Sq.yds. Sod with topsoil @ $2.00/sq.yd. Total +5% Contingencies 9402b +27% Legal, Engrng., Admin. b Bond Interest TOTAL ............................................ A. STORM SEWER $ 600 4,400 6,000 1,000 3,500 5,900 1,440 2,400 3,780 120 11,000 $40,140 2,010 $42,150 11.380 $53,530 $ 3,000 300 300 3,080 $ 6,680 340 $ 7,020 1,900 $ 8,920 $42,130 B. DRIVEWAY AND BOULEVARD a) Rax and Perkins Restaurant 6 Minnesota Federal $53,530 b) Country Club 8,920 TOTAL ............................................ $104,580 Page 7. 31 APPENDIX B • PRELIMINARY ASSESSMENT ROLL CEDARVALE 2ND ADDITION STORM SEWER AND DRIVEWAY AND BOULEVARD IMPROVEMENTS PROJECT 373 - ALTERNATE • f:�3l�Pl:�Yx."18:1 Assessable Total Parcel Description Footage Rate/FF Assessment NE 1/4 SECTION 19 050-04 Country Club 150 $59.38 $ 8,907 CEDARVALE 2ND ADDITION Lot 2, Block 1 Rax Restaurant 209.49 $59.38 12,440 Lot 3, Block 1 Perkins Restaurant 200.00 $59.38 11,876 Lot 4, Block 1 Minnesota Federal 109.99 $59.38 6,532 Outlot D, Minnesota Federal 40.00 $59.38 2,375 709.48 $42,130 B. DRIVEWAY AND BOULEVARD a) Rax and Perkins Restaurant and Minnesota Federal Total Parcel Description Unit Rate Assessment NE 1/4 SECTION 19 CEDARVALE 2ND ADDITION Lot 2, Block 1 Rax Restaurant 1 $17,843 Lot 3, Block 1 Perkins Restaurant 1 17,843 Lot 4, Block 1 Minnesota Federal 0.5 8,922 Outlot D, Minnesota Federal 0_5 8,922 TOTAL ............... 3 $53,530 b) Country Club Market NE 1/4 SECTION 19 050-04 Country Club 1 $ 8,920 Page 8. 9402b 311, • E SUMMARY PRELIMINARY ASSESSMENT ROLL NE 1/4 SECTION 19 $12,440 $17,843 $ 30,283 Lot 3, Block 1 Perkins Restaurant Storm Driveway and Total Parcel Description Sewer Boulevard Assessment 050-04 Country Club $ 8,907 $ 8,920 $ 17,827 CEDARVALE 2ND ADDITION Lot 2, Block 1 Rax Restaurant $12,440 $17,843 $ 30,283 Lot 3, Block 1 Perkins Restaurant 11,876 17,843 29,719 Lot 4, Block 1 Minnesota Federal 6,532 8,922 15,454 Outlot D Minnesota Federal 2,375 8,922 11,297 TOTAL ................ $42,13U $62,450 $104,580 Page 9. 9402b , , STORM SEWER IMPROVEMENTS ....... ...... �T ITY PROJ.- NO.373 ALTERNATE --EAGAN, MINNESOTA. / SCALE, x•.,00' 0,9 HOME ry JUICE CO. VACANT 020 - 04 CQUNTRY CLUB_ "—tdARKET � 1 050-04 d (I .; rnvrvozv ai r;wriK N RAX CEOARVALE co_ n LANES P � o 70 - b�`=—z���llllll!IIII!III!la � PERKINS =3 CMINN. FEDER n � 4 3q" -----1 O LOT RAHN ROAD DRIVEWAY & BLVD. IMPROVEMENTS �okik/ T ITY PROJ. NO.373 ALTERNATE EAGAN, MINNESOTA , 4C'SSCALE: I"= 100 *o 1 : of HOME Y o JUICE CO. VACANT , 020-04 y Sol 1 � E10 COUNTRY CLUB MARKET 050-04 ' v RAX CEDARVALE c - LANES 2 � PERKINS 3_ �p fi1�1 l III I l l l l l l l l l l l h �P Illllllillllllllilllla • - •� IIIIIIIIIIIIIIIIIIII{' EEDER 4 35- UTEDi'D! RAHN ROAD • • • Agenda Information Packet March 6, 1984 City Council Meeting Page Thirteen PERRY KIEFFER/COMMERCIAL STORAGE A. Perry Kieffer for a Conditional Use Permit for Commercial Storage Facilities in an Agricultural Zoning District -- This item appeared on the February 21 City Council agenda, however, due to the absence of Mr. Kieffer at the meeting, consideration of the Planning Commission recommendation and further discussion of Mr. Kieffer's application was continued until the March 6 meeting. Mr. Kieffer has a responsible position with the local Shriners and due to their activities with the circus and other related functions, it will not be possible for him to be in attendance at a City Council meeting until April 3, 1984. There- fore, it is recommended that this item be continued until the April 3, 1984, City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To use permit application for commercial requested by Mr. Kieffer until the April meeting. 36 continue the conditional storage facilities as 3, 1984, City Council Agenda Information Packet March 6, 1984 City Council Meeting • Page Fourteen PRELIMINARY PLAT/SUNSET 5TH ADDITION A. Joseph Hoffman for a Preliminary Plat, Sunset 5th Addition, Containing 1 Acre and Platted into Two Single -Family Lots -- A public hearing was held at the January 24 Advisory Planning Commission meeting to consider an application for a preliminary plat submitted by Joseph Hoffman to plat the Sunset 5th Addition containing 1 acre into two single-family lots. The item was continued from the January meeting to the February 28 APC meeting for the purpose of requiring additional information regarding access to the property from the west. The City staff did contact the applicant and work with Mr. Jim Curry who has sold the property immediately north of Sunset 5th Addition for a future church site. It was the staff's understanding that there is a 60 -foot road easement on this particular property and that once the area develops, the road easement will be platted for public access. The Advisory Planning Commission is recommending approval of the preliminary plat to the City Council. For additional information on this item, refer to the City Planner's report; a copy is enclosed on pages 'Sq through 4S- For a copy of the minutes of the Advisory Planning Commission meeting; refer to the Administrative Agenda on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: preliminary plat of Sunset 5th Addition. 37 To approve or deny the • • T • CITY OF EAGAN SUBJECT: PRELIMINARY PLAT - SUNSET 5TH ADDITION APPLICANT: JOSEPH HOFFMAN LOCATION: PART OF THE NE; OF THE NA OF SECTION 25 EXISTING ZONING: R -II (MIXED RESIDENTIAL) IN THE LEXINGTON SOUTH PLANNED.DEVELOPMENT DATE OF PUBLIC HEARING: JANUARY 24, 1984 DATE OF REPORT: JANUARY 19, 1984 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting preliminary plat approval, Sunset 5th Addition, consisting of approx- imately 1 acre and containing two single family lots located in part of the NE; of the NWk of Section 25 lying south of County Road (Diff - ley Road) north of Saddlehorn Addition and directly west of Dodd Road. ZONING AND LAND USE • Presently, the parcel is within the Lexington South Planned Develop- ment and is zoned in accordance with the planned development and is designated R -II (Mixed Residential) with a density of 3-6 dwelling units per acre. The Comprehensive Guide Plan designates this parcel as R -I (Residen- tial Single District) with a density of 0-3 dwelling units per acre. The applicant is fulfilling this requirement by subdividing a one acre lot into two lots where the square footage would exceed the R-1 zon- ing criteria and the density would be within the 0-3 dwelling units per acre. COMMENTS The preliminary plat meets all of the criteria set forth in Section 11 and 13 of the State Code for lot size requirements in an R-1 Dis- trict. The proposed plat is small and each of the lots within the plat would contain 21,840 square feet. The applicant was not aware of what the exact right-of-way dedication should be for Dodd Road, and even including the dedication, the two lots proposed would far exceed the R-1 zoning standards. In review of this plat, normally there should be a concern in regard to direct access on a proposed collector road. However, in review of this particular plat, the lots directly south in Saddlehorn Addi- tion all take direct access onto Dodd Road. Therefore, restricting this particular plat from taking direct access wouldn't be consistent with what has happened in the past along Dodd Road. CITY OF EAGAN PRELIMINARY PLAT - SUNSET 5TH ADDITION JANUARY 24, 1984 PAGE TWO If the plat is approved, it should be subject to the following condi- tions: 1) The preliminary plat shall meet all of the R-1 criteria for lot size and width. 2) Adequate rights-of-way shall be dedicated for Dodd Road as requested by City staff. 3) All other City ordinances shall be adhered to. DCR/jach ENGINEERING RECOMMENDATIONS - SUNSET 5TH ADDITION 4) Water/Sewer connection permits and roadway excavation permits must be acquired. 5) One access, centered over this parcel, shall be granted on Dodd Road and turnarounds shall be provided for each lot. • 6) A minimum 40' half right-of-way shall be dedicated for Dodd • Road. 7) Utility and drainage easements shall be dedicated in accor- dance with recommendations of this report. 8) This development shall be responsible for trunk area storm sewer assessments at the rate in effect at the time of final plat approval. 9)• All costs for servicing each lot with sewer and water and driveway construction shall be the sole responsibility of this development. RMH/jach E 3c- • MEMO TO: THE ADVISORY PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY PLANNER°,•,:.....• FROM: RICHARD M. HEFTI, ASSISTANT CITY ENGINEER DATE: JANUARY 16, 1984 SUBJECT: SUNSET 5TH ADDITION PRELIMINARY PLAT The Engineering Division of the Department of Public Works has the following comments regarding this proposed development to be con- sidered by the Advisory Planning Commission and City Council. DRAINAGE/TOPOGRAPHY This proposed development poses no problems with future drainage or grading due to its location and size. UTILITIES Utilities of sufficient depth, capacity and size exist within Dodd Road to provide individual services to each lot. However, the neces- sary permits for connection and roadway excavation must be•acquired. STREETS ® Existing streets providing potential access to this proposed develop- ment consist of Dodd Road which borders this proposed development along the east side. Dodd Road is a planned City collector street but exists as a residential street in width in the interim. Subse- quently, it is City policy that access to City collector streets be limited to provide traffic capacity and safety required for the col- lector street designation. Subsequently, staff would recommend again- st allowing access along Dodd Road as proposed. Access could better be suited off of an internal east -west street which could border the north boundary of this proposed development. Not only would this be more desirable for this proposed development but would also open up better access to Parcels 021-26 and 022-26. As it stands now, Parcel 021-26 would be extremely difficult to develop and provide access to the easterly portion of it. Therefore, staff would.recommend•the ow- ner of this property to submit a sketch of proposed uses for this de- yelopment so that a logical plan could be followed in developing this corner, southwest of County Road 30 and Dodd Road. However, if this preliminary plat is approved, staff would recommend that only one access be allowed on Dodd Road and be centered over this parcel. Also, it should be a requirement that turnarounds be provid- ed for each lot so that the vehicles do not have to back out to gain access to Dodd Road. • RIGHT-OF-WAY/EASEMENTS If this preliminary plat is approved, then a 40' half right-of-way shall be dedicated for Dodd Road. This is the minimum half 29 ENGINEERING REPORT SUNSET 5TH ADDITION PRELIMINARY PLAT JANUARY 16, 1984 • PAGE TWO right-of-way required for City collector streets. In addition, a 10' utility easement shall be dedicated adjacent to all publicly dedicated right-of-way along with a 5' drainage and util- ity easement being dedicated along all lot lines. ASSESSMENTS All trunk related assessments have been levied over this parcel (012- 26) with the exception of trunk area storm sewer. Subsequently, this area shall -be -responsible for its trunk area storm sewer assessment at the rate in effect at the time of final plat approval. At this time, it would amount to $2,276.00 (42,218 square feet X $0.0539 per square foot). All costs for servicing each lot with sewer and water and driveway construction shall be the sole responsibility of this development. I will be available to discuss any aspect of this report with the Ad- visory -Planning Commission at their meeting on January 24, 1984. Respectfully submitted, Richard M. Hefti, P.E. Assistant City Engineer RMH/jack hl E .•. *so-so lu 0 040-a• 1 a ,10 a W ¢ 020.28 030.25 010-31 '`COUNTYie"a'`0.1 "TATE AID a HIGHWAY NO. I 022 6 : C ti oaoaa 6 rF 021-26 MOM** n •::; 4�:!i* CD HORN ADD � �•�,,- i .. oust ., oae.e� � q D o 0 c cr DRIVE " - j HACKMORE DRIVE _ 1 a ,10 a W ¢ 020.28 030.25 010-31 E PRELIMINARY PLAT: SUNSET 5TH.. ADD. UNVLATTED 700 r e s -2 e IS 0: \ oo e e o w \ e 1 640, / 91 °e 1t00 / ab �tb s10 (tti 014 100, SCALE 1.1600-A0 feet fICINITT NAP 6 • , 6tJA r•� � 1 I' SEC.". TIT. R.tt $'ITE DATA LEGAL DESCRIPTION MI/1161111/Ee111111/6 111C.18 AREA 16ere,.s.6006a.11.. 20111110 N-1 I l 1 l i RB w V � - r Q. l n fP ,�...•- Ind PLANNED DEVELOPMENT _�! � _ �. ... - ii%�� •��;� :,, „ RI:: _ _ ... Ind. • - - ll 04 .. �, Fgo `Ind. RI _s, - I ) - in..v ,:.-_—Ind. RSD, ��y ..�,.`rLm - 1 Nbr� GOLF v,.. P i ,r R -II -.,� S3 R-11 p � - n •:ALLEY r� 4 -.PoSEUGUHr - I 1-7 :'K �. t )F i 'F ' iA A yl .W . I . cry' PD Q, 74-I ii I A KWOTODGH GH A SUBJECT PA CE i I� r6 AJ C H. !t 30 AUDITOR'S SUED. NO. 42 C+1�1� ' • s, ■ 1 t =' /��l � F ��� - - F OVERF +I V J yJ .. �I : ?tea? vst 'i �{;i-�'v%>•:i � %L0.. .I L E • Agenda Information March 6, 1984 City Page Fifteen Packet Council Meeting FRONT SETBACK VARIANCE/LOT 12, BLOCK 1, HILLCREST ADDITION B. Mark Parranto for a Front Setback Variance for Lot 12, Block 1, Hillcrest Addition -- The City Planner received an application from Mr. Mark Parranto requesting a front setback variance for Lot 12, Block 1, Hillcrest Addition. For additional information on this item, refer to the City Planner's report; a copy is enclosed on pages through ACTION TO BE CONSIDERED ON, THIS ITEM: To approve or deny the variance request as submitted for a front setback on Lot 12, Block 1, Hillcrest Addition. SPECIAL NOTE: The City Planner's report will be enclosed with the Administrative Packet on Monday. Do- • CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: J.E.PARRANTO, MARK PARRANTO LOCATION: LOT 12, BLOCK 1, HILLCREST ADDITION EXISTING ZONING: R-1 (RESIDENTIAL - SINGLE DISTRICT) DATE OF PUBLIC HEARING: MARCH 6, 1984 DATE OF REPORT: MARCH 5, 1984 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting a 10 -foot root set ack variance for Lot 12, Block 1, Hillcrest Addition, Section 33. COMMENTS Lot 12, Block 1, Hillcrest Addition is one of the two most southerly lots platted in this addition. Originally the street plan pro- posed for this plat was a through street providing access to the property to the south. However, in the planning process it was determined that this through street was not needed and the City directed the applicant to provide a cul de sac for this street on the southerly end of Richard Lane. With the cul de sac now being constructed, Lots 11 and 12 have somewhat different lot configurations than what would have been approved A with a through street. As you can see, Lot 12 has a depth going east -west of approximately 300 feet and should have adequate room to put a home on this particular lot. Access is now obtained through the cul de sac. The front to back depth of the lot is approximately 72 feet and siting the house on this particular lot from this access is difficult in accordance with the setbacks required. Also the topography breaks and drops off on this particular lot also making the home at a lower elevation the further south you would require the house to be p aced. Therefore, the additional 10 feet would make the house not as low from, the street as if it would be required to be put at the regular 30 -foot setback distance. Therefore, with.the irregular configura- tion and access of this lot, the topography warrants the review of the Council for this 10 -foot front setback variance. The applicant has also indicated to City staff that he would like the Council to review a blanket variance situation on all of the lots in Hillcrest Addition. As you review the lots on • the west side of Richard Lane, the topography drops off substantial- ly from east to west. Therefore, each additional foot the developer • CITY OF EAGAN J.E.PARRANTO, MARK PARRANTO - VARIANCE MARCH 6, 1984 PAGE TWO can save in locating a home to the west, the less fill he will have to provide for that lot. Therefore, would the Council consider a blanket variance on this addition because of the topography or would the Council prefer to consider each individual variance when an application is submitted? This should be discussed by the Council so staff can have direction as to how to proceed with this proposed development. If the variance which has been submitted and placed on the March 6, 1984, City Council agenda is approved, it should be subject to the following conditions: 1) All other setback requirements and City ordinance require- ments shall be adhered to. DCR/kf FJ • 0 -- 10;?. ?o — IDrainage and utility easements S1 I I 0 Scale: 1 inch - 30 flet i I 'J7 "t — Z99.0 — 5890-�-z "5-1 "W 0 I hereby certify that this In a true and correct representation of Lot 12, Block 1, HILICREST ADDITION, Dakota County, Minnesota. Also showing the location of a proposed house and garage not staked thereon. February 29, 1984 1 � �m _ _ m•y 1 = J ..r ir --------- :8 Ig 1 25 g 98 I • n Ig ___gi lV I I Ci rm 24 N m 17 ,? L I e• 1I N8 ' , rl •• �____16000 N1m 23 � m, L L J m 1 --- e r "l = W i8 22 -- gl m m! I u- 66 6 I 68 � _____, Gael .4 .�e8 N004N 33 W A, `a` I, f , Ib 21 �' `` •- EAST __- 728.00-- TTT��,�% r-r.__180______.l ^-7000 7(1.00 •,! 9i99 , Cf I 8900 1 i 91.00 - r- _. r J30J2_-_ge=, ma L'.� g! I V ml 3 2'� , S.E. 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P _19- -%660 \ N,\" ,per L --eox'S0 W p\I • r'' %, e' \S, 6 'vp'1,1$ m" 1 r1 , ', 1 574 O, • r\- V,1%P �1`t<"10632 _r'�1109.00 _� L 70.00 ?0.00 - 17 0\= ro ', zo¢ I S89052'81°W 358.11 loo \ I ,L-0,�'S96w X11\ ,\p 1 f,N �„oE JJy��?.\ • I �g760QOOn"W $ g\ ,`-i .\g, o5 qq $I 9. 15 •254.251-- "- _ - m\ 2 "$ 1 ' , '( 399.00 - M579 14 10 81 Z I 19420_ ..�/':•, \ WW n •T. �• ` _ - _ -vl 0 0 N :.:1-, F� '- :.i{LS.OT 5e I N S83%7 51 4�0 2 o• 8•2fr 88' . i li r • 11929 Ig I3 N�La 590T._j q sA's . -.1 m B3°zib9"E CCL o se9045'07"E� Co d S.W.41 12 N'+1 WpIE4n XYI9YIY Frs'51 RA0i114n I� r __-� \- -_--_--299,00 O�_ -140 -D0 _ _J �:-- 909°92'31"M 114 359.11 - V"515.00-�� M09°5251"E $89052'514W 439.00 9E. Cer. el EI/2 Sage Line of Wtml A, WALDEN NEIONTS FIRST ADDITION of34e 33 (Oak. Co. C.LM.i • 9eule Liv of EI/Y of N. E.1/a ' 9•e. 33, T•p. 27, Rp4.23 4\\'G ^ I I I •1 1 1 1 t l\ 1 1 F `♦`` \\ IjII'�'"'1'I' .ry{ II 1! t 1 t , 111 `\ '♦ O 11 1 1 1 1 `1 \ , ', I � ,1 � 11 1' 1 `I \ 1 � I •• a I 1 `�' , 1 � 111 11 t 1'1 I I I I, I' I I P111 1 , oop- � � ' I � I `, ,•, I,' '' I illi 11 1 Q \1\i }� 11 /.1 1 1 r I ' , 11 1 •1\ 1 I ' � 1 i,l l �\ 11\1•, Ilr/�I / i 1/ i 11 r 1 1 \ I' t I)/ 1 1'i \. \ M 11 1 tit 1 \\11 \ , 1 '• n l \111j II II 1111 \\\\1 111\11 ' , '1 1 I 1' 1\ '•`\`\ I ! 1 11 I 11 111 `, All} IF it 1, I III $`1�1 Jill 1,11 1! it 1 to111 1 \ ♦ , \ ♦ \ '. , ! „r �`, 1\1111 l t 1111 II i11 1 - \ ` \I 1., \\ \\ \\ \\ ♦ \ JS- t;; tit, \I\1 1 11 1 l 1 1 I 1 t I \ \ .\ 1 ` \ \ \` \ It >•', 111 'I't,l `AI '1\, 1r1 111 I \ \`1 \ \ \' 1 •♦ \ \` `\ Irl i I ltl 11 t,I '1 111 '111 1 1 �\ \\ \ 1 \ 1 \ . ��\ ♦\.1i. • Irli if l� 1�1 11 t1 II111, 1 \- \ \ . 1`.♦ \ ♦�` \\ \\\ iI X1/11 '/ '1 ' 11 t 11 ` \ \ `\ ♦ \`` I 0 rT 1 prefliminary Grading Ran Agenda Information Packet • March 6, 1984 City Council Meeting Page Sixteen • E CONTRACT RATIFICATI WORKS MAINTENANCE C. Ratification of Local 320 Contract, Public Works Maintenance - The City Administrator has received a letter from Minnesota Teamsters Public and Law Enforcement Employees Union Local #320 regarding Public Works Maintenance employees affirming a settlement based on a 4�% increase for 1984 and 5% for 1985. An offer had been made by the City for 4�% in 1984 and 4�% in 1985 with the maximum guideline that the City would increase the offer to 5% for 1985 if the Public Works Maintenance group agreed on a two-year contract. The union has accepted the counter offer regarding all 22 items as presented by the City Administrator in a letter dated January 30, 1984. The only exception being Item 17 where the salary was increased for 1985 consistent with guidelines set forth by the City Council. Therefore, action is in order to ratify a two-year contract with the Public Works Maintenance group under the conditions specified in the attached correspondence found on pages +4q _51 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny final ratification of the Public Works and Park Maintenance Division contract. 47 rMs 3795 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 January 30, 1984 MR JACK MOGELSON, BUSINESS AGT LOCAL N 320 3001 UNIV AVE SE MPLS MN 55414 Re: Counter Offer for 1984 Contract Demands/Public Works and Parks Maintenance Division Dear Mr. Mogelson: BEA BLOMQMT Mow THOMAS EGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER Ca Ma % THOMAS HEDGES CM A " Ia EUGENE VAN OVEPBEKE ONcm The City Council has again met and discussed your most recent counter proposal and is in a position to offer a new response to. the Public works/Parks Maintenance employees' contract demands. We have met on several occasions and hopefully this proposal will represent a settlement that both your collective bargaining unit and the City Council can approve for 1984/1985 contract duration. The following discussion represents the City's offer to each of the 21 demands that were presented in a letter dated November 10,1983, from your office: 1) The City is recommending a two (2) year contract that would be retroactive to January 1, 1984, and continued through December 31, 1985. 2) The changes you have recommended under Article 3.5, "it will be the duty of .the supervisor in each department to establish safety regulations, instruct workers in accident prevention, and provide safety meetings for employees on a regular basis" is acceptable to the City. 3) The changes recommended in Article 12.1 are not. acceptable as new contract language. However, the City has maintained a policy that if maintenance workers are called out prior to 7:00 a.m. on a given workday, they are allowed to work until 3:30 which normally amounts to overtime for the employee. The management wishes to retain flexability regarding this item. 4) The City is not agreeable to the change in Article 12.1 to pay shift differential. Each Public works/Parks Main- tenance employee understood with their acceptance into public employment that night call -outs are required to THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY I CITY OF EAGAN/MR JACK MOGELSON • January 30, 1984 Page 2 maintain a desirable public service. 5) The City is not in agreement with amending Article 12.8. 6) The City does not agree with the change in Article 12.9 adding compensatory time. 7) The City is not in agreement with Article 12.9 regarding the request for double time for weekends and triple time for major holidays when overtime occurs. 8) The City is not agreeable to eliminating "but not necessarily equal" as requested as an amendment for Article 12.10. 9) There is no change desired for Article 13.1 by the City. 10,11 & 12) The City recognizes the need for a policy that allows career movement within the three maintenance divisions, which include Utilities, Streets and Parks and Recreation mainte- nance. It is not in the best interest for the City to allow movement at will within the departments without some type . of employee commitment to train for a different maintenance division. Therefore, the City accepts a policy whereby an employee who can verify that he or she has prepared independently to learn skills of a particular maintenance division, may qualify for a transfer to that division based on 1) meeting all minimum qualifications, 2) obtaining licenses or skills required within a specified time frame, 3) seniority with Public Works/Parks/Maintenance divisions, 4) acceptance of the next lowest pay classification for one (1) year upon transfer to a new division, and 5) a one- year probation will be imposed for any employee who transfers to a new division. It is the City's contention that if an employee wishes to change his or her career ambitions by transferring to a new division, a reduction in pay for one year should not impact their long-term career objectives and at the same time that employee should learn the new maintenance division well enough within the year that they could be considered at the normal rate of pay provided by the City at the end of the one-year probation. 13) The City proposes a change to Article 13.4 to be consistant with the City's personnel policy. (See attached) 14) The City is agreeable to the change recommended in Article 13.5 which deletes "regarding classification". r\ U IE CITY OF EAGAN/MR JACK MOGELSON January 30, 1984 • , Page 3 15) The City is not agreeable to the additional holidays as requested in Article 14.1. 16) The City is not agreeable to the vacation change as outlined in Article 15.2. 17) The City has increased its offer in salaries to a 4.58 increase in 1984 retroactive to January 1 and a 4.58 increase for 1985. 18) The City has recognized a deficiency in the clothing allow- ance and is therefore increasing its clothing allowance from $94.95 to $150.00 per year which would remain in effect during 1984 and 1985. The use of this clothing allowance will be consistent with a compliance policy drafted by management and agreed to by the union steward. 19) The City is not in agreement with the changes in Article 17.3 as recommended. 20) The City is not in agreement with an increase in life insur- ance as outlined'in 17.3. • 21) The City is- not in agreement with the changes recommended in Article 17.4. 22) The City would agree to a written addendum to the contract that allows City employees who also are volunteer firemen in the City of Eagan to respond to fire calls during working hours without loss of pay. I would be happy to discuss any of these points in further detail with you at any time. I will be looking forward to a response from you at your earliest convenient date. Sincerely, Thomas L. Hedges City Administrator CC: Tom Colbert, Director of Public Works Ken Vraa, Director of Parks 8 Recreation TLH/kf • E6 MAR 1 1984 MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES ONION AMIML LOCAL NO.320 affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN 8 HELPERS OF AMERICA a 3001 University Avenue S.E. — Minneapolis. Minnesota 55414 — Phone (612) 331-3873 �a February 29, 1984 Mr. Thomas Hedges City Administrator 3795 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: Please=be.:advised that on February 28, 1984 Public Works=Employees represented by Teamsters Union Local No. 320 ratified a two year contract proposal.. The proposal included an adjustment of 4 1/2 percent for 1984 and 5 percent for 1985. The group indicated that any less than these figures would not be acceptable. I would appreciate it if you would draft a contract for signature, a further request on behalf of the membership, that seperate back pay checks be provided. Please contact me as soon as youip ready to proceed. Sincerely, Jack I. Moge on Business Agent TEAMSTERS LOCAL NO. 320 CC: Tom Schuster JIMI'dd� opeiu #12 SI United To Protect • • Agenda Information Packet March 6, 1984 City Council Meeting Page Seventeen ADDITIONAL ITEMS CONTRACT 84-2/WESCOTT TRUNK SANITARY SEWER A. Contract 84-2, Receive Bids/Award Contract (Wescott Trunk Sanitary Sewer) -- At 9:30 a.m. on Friday, March 2, formal bids were received for the above -referenced contract. Enclosed on page 5 3 is a bid tabulation of all bids submitted with a comparison to the feasibility report and engineer's estimate. All easements necessary for the construction of this work have been acquired through a "quick take" condemnation action under the direction of our City Attorney. Therefore, there are no problems associated with awarding the contract at this time. As can be seen, we have requested bids for three alternates associated with this construction as follows: Alternate No. 1: We requested bids for a polyvinyl chloride pipe (PVC) as compared to the standard reinforced concrete pipe (RCP) to determine if any cost savings would be incurred through the use of this special design material for this size of pipe through the anticipated depth zones. Alternate No. 2: Alternate .No. 3: The standard base bid for the contract provides for an aggregate base access road to the lift station from the future Denmark Avenue through City park property. This alternate requests the costs associated with paving this access road with a bituminous surface to provide an all-weather access road with minimal maintenance and erosion. This requests an alternate bid to install the "grass paver" concrete patio block that would allow grass growth but still provide instability for equipment over the access road to the same lift station. This is similar to the material that was installed to the Almquist Lake lift station recently. Public Works Director and Consulting Engineer will be evaluating the bids and any possible alternate equipment bids that were submitted and will be providing a final recommendation to the Council at the meeting on Tuesday, March 6. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 84-2 (Wescott Trunk Sanitary Sewer) and award the contract to the lowest responsible bidder, and authorize the mayor and • City Clerk to execute all related documents. SPECIAL NOTE: The bid tabulation will be enclosed with the packet on Monday. sa • Our File No. 49258 WESCOTT ROAD TRUNK SANITARY SEWER FOR EAGAN, MINNESOTA CONTRACT 84-2 BID TIME:9:30 A.M., C.S.T. BID DATE: Friday, 'larch 2, 1984 CONTRACTORS TOTAL BASE BID ALT. P1 ALT. U2 ALT. 03 ALT. U4 PVC - Bit. Dr. Crass Pav Equip. -10,000 USFNLCA 1) Austin P. Keller $383,370.00 +499.00 +2,406.25 +21,435 4,000 DPI 2) Northdale Const. 407,022.50 -3,451.50 +2,852.50 .+ 2,675�:888pp5I1CO 3) W & G Rehbein Bros. 447.419.00 -3,866.00 +2,807.00 +39,410 -10o2,000 USF>•4C.'O 4) Orfei & Sons Inc. 474,323.10 No Bid +2,872.80 +21,045.10 --I'M HW-- 5,0 5) Barbarossa & Sons Inc 512.988.00 No Bid +2,539.25 +14.060.00 --10 88 UP5� 6) GL Contracting Inc. 516.204.71 -410.00 +3.220.00 +9.625.00 - 5.000 DPI 7)Aron a) Construction 555.888.45 -4.554.00 +2,469.25 +15,450.50 - 8.000 USaw= Nodland Assoc., Inc. NO RTn 9) Encon Utilities NO BID 10) Dawson Construction NO BID 11) Fadden Pup Co. NO BID 12) S.J.Louis Construction NO BID 13) VanBergen & Markson NO BID 14) Bonine Mccavating M RTn 15) Enebak Construction NO RTD 16) Tri State Drilling Nn Rm 17) Griffin Dewatering NO BID ALTAI ALT.#2 ALT.#3 ENGINEER'S ESTIMATE— 410.000.00 -$10,800 +$1,860 +$9,650 SIBILITY REPORT (F.R.) 420,000.00 - - - ,1BID 383,370.00 499 2,406.25 21,435 OVER (+) OP. UNDER(-) F.R. -8.728 s3 i • • Agenda Information March 6, 1984 City Page Eighteen Packet Council Meeting CONTRACT 84-4/YANKEE DOODLE RESERVOIR REPAINTING B. Contract 84-4, Approve Plans/Authorize Advertisement for Bids (Yankee Doodle Reservoir Repainting) -- At the February 21 Council meeting, the City Council received the feasibility report for Project 394 pertaining to the exterior repainting of the Yankee Doodle 5.0 M.G. water reservoir and subsequently authorize the preparation of detailed plans and specifications. These plans have now been completed and are being presented to the Council for their review and subsequent authorization to advertise for bids under Contract 84-4. As was discussed previously, these plans incorporate an alternate bid for the exterior painting of "EAGAN" at three locations on this reservoir so that the Council can consider its inclusion at the time of contract award based on bids received. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/modify/deny the plans for Contract 84-4 and, if approved, authorize an adver- tisement for bid opening to be held at 10:30 a.m. on Friday, March 23, 1984. S4 Agenda Information Packet March 6, 1984 City Council Meeting • Page Nineteen CONTRACT 84-5/FIRE ADMINISTRATION BLDG. -PARKING LOT C. Contract 84-5, Receive Bids/Award Contract (Fire Administration Building - Parking Lot) -- At 10:30 a.m. on Thursday, March 1, official bids were received pertaining to the improvement of the parking lot to the new Fire Administration building (old city hall) as a part of the overall Municipal Center Bond Referendum project. Enclosed on page S6 is the bid tabulation showing the results of this bid opening. This project contained two alternates described as follows: Alternate No. 1: Alternate No. 2: Alternate No. 1 requested bids for the installa- tion of a concrete driveway for the first 30 ft. coming out of the new garage addition. Staff wanted to evaluate the cost benefit of this alternative through actual bid prices due to the heavier pieces of the equipment that will be used in this sloped access drive (fire engines, medical emergency vehicles, etc.). Alternate No. 2 requested a deduct bid if City maintenance crews were to install the aggregate base prior to the surface paving. This was done to try and evaluate any potential cost savings to the overall project that could be accomplished through the use of City forces. The Public Works Director will be evaluating the bids for the contract and the various alternates and will be making a final recommendation to the Council at the meeting on Tuesday, March 6. ACTION TO BE CONSIDERED ON THIS ITEM: Receive the bids for Contract 84-5 (Fire Administration Building - Parking Lot), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related contract documents. _5S • • E FIRE ADMINISTRATION BUILDING - PROJECT 392 CITY CONTRACT 84-5 PARKING LOT EAGAN, MINNESOTA j7 1984 Opening Time: 10:30-A.M. CST Opening_ Date: Thurs., March 1, 1984 CONTRACTOR TOTAL BASE BID ALTERNATE 41 ALTERNATE °2 1) Independent Curb $28,075.00 $1,548.00 $4,350.00 Contractors, Inc. 2) McNamara -Vivant 29,111.00 1,656.00 5,481.00 3) Total Asphalt 29,856.00 2,088.00 4,893.75 4) Bituminous Roadways 29,949.50 1,836..00 4,750.00 • 5) Valley Paving, Inc. 32,254.15 1,656.00 6,155.25 6) Barber Construction 33,007.45 1,944.00 3,045.00 7) Pine Bend Paving 33,016.20 1,872.00 5,220.00 8) Alexander Construc. 34,461.02 2,160.00 6,090.00 9) Jay Bros., Inc. 35,224.80 2,700.00 2,000.00 10) Ashbach.Construction 36,487.85 2,484.00 5,046.00 11) 12) 13) 14) 15) • ENGINEER'S ESTIMATE $28,125 j7 • Agenda Information Packet March 6, 1984 City Council Meeting Page Twenty • • PROJECT 348, FOUR OAKS ROAD/COACHMAN ROAD D. Project 348, Four Oaks Road/Coachman Road (Streets) -- On January 17, the City Council authorized the preparation of the feasibility report for the upgrading of Coachman Road from Yankee Doodle to Four Oaks and from Four Oaks Road from Coachman to T.H. 13 to its ultimate collector design section. This feasibility report has now been completed and is being presented to the Council for consideration of ordering the public hearing to be held on April 3. ACTION TO BE CONSIDERED ON THIS ITEM: Receive the feasibility report for Project 348 (Coachman/Four Oaks Rd. - Streets) and order the public hearing to be held at 7:00 p.m., April 3, 1984. 6-7 Agenda Information Packet March 6, 1984 City Council Meeting Page Twenty -One FINAL PLAT APPLICATION/KENSINGTON PLACE E. Final Plat Application, Kensington Place (Tomark Development) - We have received an application for final plat approval for the first phase of the Kensington Place Development. All conditions placed by the Council on the Preliminary Plat approval of November 15, 1983, as it pertains to the first phase development have been satisfactorily complied with and reviewed by the Public Works Director and City Attorney's office. All development agreements have been executed and application fees paid. Subse- quently, this final plat is in order for formal consideration by Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the final plat application for Kensington Place as submitted by Tomark Development Inc., and if approved, authorize the Mayor and City Clerk to execute all related documents. 51 • • • Agenda Information Packet March 6, 1984 City Council Meeting • Page Twenty -Two LEAGUE OF MINNESOTA CITY POLICIES F. Review of Proposed 1984 City Policies and Priorities as Prepared by the League of Minnesota Cities -- At the last City Council meeting the proposed 1984 City Policies and Priorities as drafted by the League of Minnesota Cities was distributed to each member of the City Council. The legislative policy session is scheduled for March 13 and, therefore, it will be necessary to review the document and if there are any changes or questions to be raised at that session, a position should be drafted this Tuesday at the March 6 City Council meeting. Mayor Blomquist, City Councilmember Smith, and the City Administra- tor are all pre -registered for the legislative action conference. City Councilmember Smith has indicated that he may not be able to attend all the session and any other City Councilmember who would like to attend a part of the session could be coordinated with his registration. ACTION TO BE CONSIDERED ON THIS ITEM: To consider the proposed 1984 City Policies and Priorities and adopt the positions as prepared by the League of Minnesota Cities with or without amend- ment. • s/Thomas L. Hedges City Administrator TLH/hnd E • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 2, 1984 MINNESOTA JOCKEY CLUB APPLICATION As you are all aware, five (5) applications were received by the Minnesota Horse Racing Commission yesterday, of which the Lone Oak application was one of those submitted. The applicant has given the City seven (7) copies of a portfolio that summarizes the Lone Oak site. Included in your packet is your copy of the portfolio. The City Administrator will retain one copy in his office while the other copy will be at the front counter for review by the public. The City Administrator received the City of Eagan's copy of the application for the Lone Oak site from the Minnesota Racing Commission today. The application is similar to the three -volume proposal that was submitted by Group W Cable when they submitted their application to the Joint Commission. Included in the application are two large volumes that include application and exhibits, and then a third and fourth volume that includes all the bond information, and a fifth volume which is a copy of the environmental impact statement. • Also enclosed is a copy of the portfolio that each member of the City Council's received. There is one complete set of the applications which will be kept in the office of the City Adminis- trator and are certainly open for public inspection at any time. Please mark your calendars for Thursday, March 8, when the environ- mental impact public hearing will be held in the Eagan City Council chambers at 7:00 p.m. Mayor Blomquist will open the meeting and act as a facilitator for questions, answers, etc. City staff, in conjunction with consultants for the applicant, will field the questions as they are raised by the public. The other date of significance is Tuesday, March 13, the date the Minnesota Racing Commission has selected to hold the public hearing in the City of Eagan. Unfortunately it does conflict with the evening activities at the legislative session sponsored by the League of Minnesota Cities, however, the date is fixed and cannot be changed by the Minnesota Racing Commission. At that meeting, it is my understanding that the Minnesota Racing Commission will conduct the public hearing and, again, the City Council's participation will be more as observers. Enclosed for your reference is a copy of the letter that the City Administra- tor received from the Minnesota Racing Commission, a letter from Jim Curry Investment Companies to the Racing Commission members, and a resolution that was passed by our neighboring city, Inver Grove Heights, supporting the Eagan horse racing facility. These documents are enclosed on pages A 3 through. • The City Administrator and Steve Pflaum have had a lengthy discus- sion and it is apparent that the development agreement should W INFORMATIVE MEMO • March 2, 1984 Page 2 be completed before the racing commission holds its all -day review of the applications on March 12. Therefore, the City Administrator will have to work next week in meetings with the attorneys, BRW, and applicant to finalize the development agreement for either adoption by the City Council on March 6 or possibly the special City Council meeting prior to the EIS hearing on March 8. The first meeting is set for Monday at BRW's office. It is very important that the development agreement be exercised before the March 12 date. SPERRY NOISE UPDATE Benchmarks for noise monitoring were established at the pump house and Don Giblin's house for the before and after noise monitoring by MPGA. Both noise monitorings before installation of equipment have been completed --the first on February 23 and the last on February 29. According to Sperry, the equipment will be installed within the next two weeks and hopefully noise monitoring can be performed before the April 3 City Council meeting. Since the City Administrator has received copies of correspondence regarding this matter, it seemed appropriate to keep the City Council updated and, therefore, copies of corres- • pondence are enclosed on pages (�j through for your information. NAMING OF PARK LANDS Enclosed on pages %(o through -7-7 is a copy of a letter that was sent to theDirector of Pars and Recreation regarding the naming of park lands as reviewed by the City Council. Parks and Recreation Advisory Commission was scheduled to take action on March 1 regarding the recommendations by the City Council. EAGAN MUNICIPAL CENTER PLAQUE Enclosed on page iK is a sample of how the Eagan Municipal Center will be pre— per. Please review first names and make any changes that you so desire. The names included on the plaque are consistent with the way the plaque was prepared for the Police Deparment facility. AIRCRAFT SOUND ABATEMENT COUNCIL Enclosed is a copy of minutes of the last Metropolitan Aircraft Sound Abatement Council meeting that was held on January 24. Copies are enclosed on pages -79 through��. TIRES PLUS STANDARD STATION Enclosed on page Cb'�_ is a copy of a letter that was sent from ME • INFORMATIVE MEMO • March 2, 1984 Page 3 Chief Building Inspector Peterson to the owner of Tire Plus Standard. The City Administrator has notified Howard Johnson that a public hearing is required before the Advisory Planning Commission and the City Council due to the need to process a variance if the elimination of a restroom is to be allowed at the Tires Plus Standard Station. This letter is enclosed in the packet as informational since several of you have asked about the status of the variance. POLICY/DAMAGED BOULEVARD RESTORATION Enclosed on page $i— is a copy of a memo from the Director of Public works concerning damaged boulevard restoration. s/Thomas L. Hedges City Administrator • 6s, • 0 Pi March 1, 1984 MINNESOTA RACING COMMISSION 312 Cearral Avenue, Suite #400 Minneapolis, Minnesoaa 55414 Mr. Leslie Johnson, City Manager City Hall 9150 Central Avenue N.E. Blaine, Minnesota 55424 Mr. Tom Hedges, City Administrator Municipal Center 3830 Pilot Knob Road iEag nano Minnesota 55122 Mr. Mark McNeill, City Administrator City Hall 12305 Quinton Avenue South Savage, Minnesota 55378 Gentlemen: (612) 341-1555 Mr. John -K. Anderson, City Administrator City Hall 129 East 1st Avenue Shakopee, Minnesota 55379 Mr. James Larson, City Administrator City Hall 2100 Radio Drive Woodbury, Minnesota 55125 Re: Applications for Metropolitan Area Racetrack License Today the Minnesota Racing Commission received five applications for a license to own and operate a horse racing facility within the seven -county metropolitan area. One of the applications proposes to locate the racetrack within your city's limits. I am herewith providing you with a copy of that particular application and pursuant to Minn. Stat. §240.06, subd. 2 (Supp. 1983) requesting that you provide the Racing Commission with your City Council's comments, if any, on that proposal. Official comments should be submitted in writing and filed with the Commission's office at the above address by noon Friday, March 23, 1984. A single copy will be adequate for our purposes. If you have any questions relative to this matter please feel free to call me at 341-7555. Sincerely, 94-.16- 4Z�m RICHARD G. EVANS Project Administrator RGE:sb encl. (�3 "JJ 809 JIM CURRY INVESTMENT COMPANIES 4617 Upper Terrace Edina. Minnesota 55435 012/BZ'/•9351 \ • This letter is addressed to the Chairman and members of the Minnesota Racing Commission: Chairman: Ray Eliot Joyce Farrell Carol Connolly Rosemary Fruehling Lawrence Cross John Daniels, Sr. Kris Sands C. Elmer Anderson Ladies and Gentlemen of the Minnesota Racing Commission: I write this letter to recommend that you choose Eagan as the Horse Race Track location. I have owned property and done business in Eagan since 1969. At the peak of my real estate activities in Eagan, I owned 2,000 acres. I developed almost 1,000 lots for housing and today my owned land holdings have been reduced, by sales and development, to a few hundred acres. With this kind of activity, I have worked with the city staff, • elected officials and citizens groups such as the Chamber of Commerce and the Council for Urban Mobility. I must confess I am an absolute admirer of everything that makes up Eagan. I have never seen a better run city. (Note: I have done business in Edina when my partner and I built Pentagon Office Park.) Eagan has an outstanding staff and dedicated, talented people on their City Council, Planning Commission, Park Board etc. EagaL has lots of spirit and enthusiasm for the horse racing facility. Just as important, Eagan has an excellent tax base so they have been able to afford to do things right. The industrial park in north Eagan has made it possible, I believe, for Eagan to have one of the lowest tax rates in the seven county metro area for many years. Service from the city has always been excellent. Today Eagan is booming! It is the fastest growing area in the metro area. The Cedar Avenue and 494 bridges are performing their functions beautifully. Eagan is now home for about 29,000 people, I believe, and some 25,000 work in Eagan!. Long before the year 2000, there will be 500000 people living in Eagan and probably as many working there. • • • • I Why? Because it has THE perfect location. Uniquely, it is near both St. Paul and Minneapolis. If a race track can succeed in Minnesota, Eagan is the place where the chance for success is greatest, I believe. I'also know the people behind the Eagan race track.- They are local. They are highly respected' and highly successful businessmen. I have total trust -in them. 'Frankly, I'm really thrilled that local people are behind the Eagan site. This has been a long letter and I appreciate your reading it. I_feel_strangly about this.and-I hope you.choose Eaganl .Good luck! 4s- Sincerely, A. lm7, James A.'Curry L 0 Inver Grove Heights Mr. Thomas Hedges City Administrator City of Eagan 3795 Pilot Knob Road P. 0. Box 21199 Eagan, Minnesota 55121 Dear Mr. Hedges: ,Mh- 8150 Barbara Avenue Inver Grove Heights, Minnesota 55075 (612) 457.2111 February 28, 1984 We are enclosing a certified copy of Resolution No. 3190 titled "Resolution Supporting the Eagan Horse Racing Facility" which was adopted by the City Council of Inver Grove Heights on February 27, 1984. Copies of the resolution have also been forwarded to the Minnesota Racing Commission and the Metropolitan Council. Very truly yours, CITYOF NVER GROVE HEIGHTS Rob rt W. Schaefer City Administrator /co Enc. MR 0 0 • Inver Grove Heights 8150 Barbara Avenue Inver Grove Heights, Minnesota 55075 (612) 457-2111 This is to certify that the attached copy of Resolution No. 3190 titled "Resolution Supporting the Eagan Horse Racing Facility" is a true and correct copy of the original resolution on file in the Office of City Clerk, City of Inver Grove Heights, County of Dakota, State of Minnesota. Charlotte M. O'Donnell, Deputy Clerk Dated: February 28, 1984 ( SEAL ) 67 CITY OF INVER GROVE HEIGHTS DAKOTA COUNTY, MINNESOTA 00 RESOLUTION NO. 3190 RESOLUTION SUPPORTING THE EAGAN HORSE RACING FACILITY WHEREAS, The Inver Grove Heights City Council has reviewed the proposed Eagan horse racing facility and the integrated complex which represents a total development program, and WHEREAS, the site is close to and equidistant from the core cities, served by a highway network whose completion will coinside with the development, and WHEREAS, the planning process for the project is thorough, complete and exhaustive, and WHEREAS, the Eagan - Inver Grove Heights area currently poss- esses numerous facilities for the care and boarding of horses, and WHEREAS, of all sites under consideration, the Eagan site is the most accessible site for the largest population centers outside of the Twin City Metropolitan Area, r'40 NOW THEREFORE BE IT RESOLVED: That the Inver Grove Heights City Council endorses and supports the proposed Eagan horse racing fac- ility, and BE IT FURTHER RESOLVED: That copies of the resolution be transmitted to the City of Eagan, The Minnesota Racing Commission, and the Met- ropolitan Council. Adopted this 27 day of February 1984. Ayes: 4 Nayes: 0 /s/'William Saed William Saed, Mayor ATTEST: /s/ Charlotte M. O'Donnell Charlotte M. O'Donnell Deputy Clerk s ,FEB L February 16, 1984 Minnes a Pollution Control Agency Divisi of Air Quality 1935 est County Road 52 Ras ille, MN 55113 Re: Sperry Semiconductor Factory Gentlemen: 1 am the current President of the Timberline Civic Association, an association of over 100 families living in the City of Fagan whose homes are close to the Sperry Semiconductor Operations factory. In this capacity, 1 am requesting yourLjagency's assistance in reviewing the concerns of my neighbors and `k with respect to the potential for ground water and air pollution caused by Sperry's operations. Accordingly, I am • writing this letter to formally request, on behalf of the concerned citizens living near to this plant, that as a part of its review in determining the propriety of issuing an operating permit that Sperry's manufacturing procedures and manufacturing facilities be carefully reviewed and that such an operating permit only be granted upon a clear finding that its factory cannot and will not create a health hazard. 1 am sure you are as aware as we are of the havoc reeked upon the environment in the San Francisco Peninsula area (Silicon Valley) by Fairchild Semiconductor and Intel Corporation and in Pheonix by Motorola. In case you may have missed it, I am enclosing a copy of an article which appeared in the 3uly 25, 1983 issue of Time Magazine. This is the same industry that Sperry has brought to our back doors. The reason why 1 believe it is necessary for the Minnesota Pollution Control Agency to become involved is that: 1. Sperry cannot be trusted to police itself; and 2. The Eagan building inspectors charged with the responsibility at the local level have neither the expertise nor the instrumentation to monitor and evaluate Sperry's manufacturing operations as far as measuring possible harmful chemical emissions in the air, in the ground water or through the sewer systems. 69 • Minnesota Pollution Control Agency February 16, 1984 Page Two Fabrication of semiconductor chips Involves the use of a variety of highly toxic and carcinogenic chemicals. The semiconductor processes used by the manufacturers in Silicon Valley resulted in significant escapes of these chemicals into the environment. Sperry is known to be using manufacturing processes originally developed by Fairchild. We are concerned that any such escapes at the Sperry Plant might go unreported and uncorrected. Mere verbal assurances by a Sperry facilities planner that his company's procedures are safe are not enough. After all, the Titanic was unsinkable. Then too, Sperry's reluctance to address its noise pollution problem when an expenditure of only $5,000 - $6,000 is involved is indicative of a mindset that would place a higher priority on company profits than on environmental concerns. It is also evident to us that the City of Eagan does not have on its staff persons with the knowledge and experience in this high-tech area which are required to detect and appropriately deal with the hazards to the environment occasioned by unintentional spills, leaks or other mishaps or the intentional failure to properly install and maintain the air/water filtering and purifying equipment. • The residents in the Timberline area feel that it was extremely poor planning to locate an industrial plant for the production of integrated circuits on a high volume basis only a few hundred feet from a residential neighborhood and that the City officials were remiss in not following the zoning restrictions which were put in place to protect our neighborhood when it granted its building permits to Sperry. For all of the foregoing reasons, we feel it is essential that the Minnesota Pollution Agency step in and review the overall operations of the Sperry Plant so that the Timberline residents and other citizens of Eagan drawing thew water from the nearby wells can be sure that this area remains a safe place to live and to raise children. Very truly yours, 3061 Woodlark Lane Eagan, Minnesota 55121 Enclosure cc: Mr. Thomas Hedges, City Administrator ✓ Eagan City Hall • 3795 Pilot Knob Road Eagan, MN 55123 70 Computers f1 ili0%McIfIL 1. �e ycHnol oR M,. CHIL u Caitadats hoist ataca is In 1882 woUmt against dubmlMer &At pMWW the* eralC Sounding the Tocsin for Toxins Chemical pollution tarnishes an industry's clean image ugh-tecanNogy entrepreneurs like to I so man)- medial problems on our strut tial boast that their business is nowilltn- "joked that maybe se wire living on a mg and eavirommentally sand. But every I toxic dump_ industrytarries environmental risks, acrd , r' The arm's problemfu s st surfaced a is no eaaptiom The manL flair Years ago. s -hen noxious games hon taOe of computer chips. ftexampls, burning chemicals at a sties of ioduarittl ale_ quires acid baths (to etch miaoscopec felled both fire fighters and bysEand- ws onto tiny ceramic a3Lfers[ra'g ,yrs There we also repeats of awkers sof industrial cleaning faads LteyVashr who suffered advcse reavaos to chemi- sa)-eatnawus ape:kst And where cab at microchip firths. One 19-)ear-dd. perle are postrful ehemioals u2sLc- hued to sondeamrmd storage tants at a SUMP difficulties are act fu behind. � du= company. began vomiting Pointing up this problem- a resent IlmccntrollablY after less than a seek at California survey showed that 36 of 4 the job. I underground storage tanks in the high- boa head-arl_vl4a9t tech Silicon Valley sue laking- The Year. when Faceftiw aux Intel Lorp-. seepage contaminated surrounding soil loos) and fouled es ofSround matter lealm er�w two Rand such communities as San plant m as many months At the Maintain View. Slmle nyvaand San Jose �a°t m San Jose workers a The California assembly. 1h6owing the rad that a fauhy storage tank had - 'Jead of eight cities in s" Clara Coumry '. some 13AM gal of a mildly � t haus passed ordimmes munderground7°O�°g sr -INT -a' —%-A Tc�m.the h spills. bas a ved a prevent water aupph. �s weeks Ppro tough toxic- lamer, law anmamted that a concrete O®tro! taw. to the ..+nes re: moves On m had leaked, and that traces of a `the state senate. the mdlou mdsmlialius T� had named up is e Of Silicon Valley. to their sane d600m- swap Oar W. Fabrhild has spent fart find themselveiattl>md,gfvpp� 0 million �E up ffi spt7L and the own hot tubs 1 This uas once a nice. Y steadfast!) tmiarains that m rypi.=1 Cali- between its bask and any specific fornix town."0.sa)s Lorraine Ras of San �aWOiesltas been estab4shed. ose. c of 266 pWatM in aitdti J yrabfem in i) int be Cal farnia's �oEthe F irch�od� against the ltlal plant �Y aof the Fairchild Carriers a InstrumentmShe lead heu neiabb=are charglog'Yui 171 and 1Naatehuseat authorities auchild uitb negligent a ate War ROate 129 f a public uelf arning y-.connmmatita ev are also holding the company _re- u,�loagwhile. the Rea Coast ui>pmkkeirs spomsiWe for seven deaths m the past i busy �tafim double-wfM coo- _ years. as well as a Dumber of osisand caw birth defects ::bb mere adds S20D00 to tuttomal he can ®� I WmWe ImhA oxmciorz-aays Ras. who �W1DAW tank_ -You bet we're Om to pro blames the congenital Hart aihtuemt of 1st our image_ says an law spokmnan. her twvyearold daughter Juliana on `baa were aeon ding this beaose we toms hon the tainted utH -There were t . , be TIME ll E\ Z� 19E1 Screen Test Discounting VDThazards SIna it was introduced into the Ameri can eOrkplace in the 1960s, the vide, display terminal IVDTI has become an in dispensable tool for 10 million cleric workers, tYpeseners. writers. editors an! puler programmers But as the num. I her of people wbo regularly tole VDTs has increased. so have oomplaims that IM. term exposure to the machines can cause a variety of a®ictions. including muscle fatigue. eyestrain. cataracts and miser- ; riages. Tuo Years ago. a panel of vision expers and psychologists assembled by 1 the National Research Council began a scientific investigation of the effects of VDTs on eyesight. Lest seek. in a 273 -page report. the rstive-member "Y group concluded that there is no scientific evidence linking VDTs lith e)e diseax a cauu cos. More - mer. the report plead the blame for many ailmrnu associated site VDTs on such en- vironmental factors as poor lighting and stressful office conditiom Summed up Panel Chairman Eduard Rinalducci. a Professor of psychology at the Georgia In- stitute of Technology: -Ota general can. clusion is that eye disarm(om blamed vi- sion and other %maul disturbances. muscular aches and arts reported among VDT workers are probably not due to an) - thing inherent in VDT tebnology.- The panel did not address isolated re. parts ofclusters ofabm ms.miscarnaets and birth defers among someo exposed to VDTs. but noted that other research j judged VDTs to be an unlikely- muse. Bfort ause of is findings. the panel opp any move to set mandator standard vDTs and concluded. -It seems likely uitb prope r design of VDT display charac- teristics. workplace ligblin& sork sta- tions and jobs. VDT work need not cause any unique visual problemi The report's cencluskms met lith some dissent. Panelist LauTenae Stark. a neurologist at the Uoiversin of Califor. nia. while agraing; that VDTs do Its cause permanent eye damage. contested the vies that they ase Oct responsible for eye fatigue. -The report is a shitmash for the status qua- said Stark. -All the com- plains Of Gaming eyestrain- beadacbe. stingingwatery eyes coanneaed with VDT use are valid claims. Just because )ou can- not measure visual fatigue does nes mean it don not exist. - VDT umanufa.-num have replied that they are mdeod OttOtuned ahvt Visual fatigue and have made suggestions on how to Illtdlfy environmental conditions like glare Until empk-yrs agree to in- stitute those changesbamcver. some VDT users may pat haVe m squint end bear it. s 61 I JL SPE PRY SPERRY CORPORATION COMPUTER SYSTEMS • SPERRY PARK. P.O. BOX 43525 ST. PAUL. MINNESOTA 55164-0525 TELEPHONE (612) 456-2222 February 23, 1984 Mr. Thomas J. Nikolai 1504 Red Cedar Road Eagan, MN 55121 Dear Mr. Nikolai: r ^ 41aA YEoe_ - La Your recent letter clearly stressed the concern of our Timberline neighbors about Sperry's follow through on its commitment to reduce noise levels emanating from our Semi- conductor Headquarters Building. I can assure you that I have personally reviewed both the complaints and the internal engineering effort. Sperry committed in October to install an attenuator on the stack which generated the higher noise levels and to install deflectors on all six of the stacks. This project has progressed through planning, engineering design, compet- itive bidding, long lead material contracting, and contractor contracting. The actual construction will start shortly, • dependent on the weather. We are making a sincere effort to meet the nineteen week schedule and will meet or beat our March 31st commitment. As previously stated, Sperry is investing over $30,000 in specific noise abatement measures. We are doing this because Sperry is concerned about its relationship with its neighbors and the local community. The noise contro- versy, which has developed, is particularly difficult because of the complexity of measuring and of controlling a phenomenon which has many sources. I am convinced that the project, now in its final phases, will resolve the noise issue. I appreciate your patience and I am sure you will be pleased with the result. DCT/jp cc: ✓l�homas Hedges • Mayor Bea Blomquist -Very truly yours, David C. Turcotte Vice President Semiconductor Operations /�14 0 _Y ;1. Minnesota Pollution Control Agency February 28, 1984 Mr. John Gustin 3061 Woodlark Lane Eagan, Minnesota 55121 Dear Mr. GuStin: This is to acknowledge your letter dated Februlary 16, 1984, concerning the Sperry semiconductor factory in Eagan, and to respond to your concerns regarding air pollution. The Minnesota Pollution Control Agency (MPCA) staff examined • information about the equipment for the recent plant expansion and the associated air emissions. Emissions of acids and caustics from the Sperry factory in Eagan are abated by air pollution control equipment. Based on the information available to the MPCA, air emissions from the plant do not create a health hazard. At such time as an operating permit is prepared for this plant, the MPCA will consider again whether any air emissions create a health hazard and whether further testing and/or more effective control is needed. The article which you enclosed from Time Magazine does indeed report environmental damage and threat to groundwater pollution from spills and leaks from semiconductor plants. It is my undestte se maderbyathenMPCA, Divisiionaof Solidnandon these Hazardousssues Waste. be Sincerely, 9 -�, - Janet M. Cain, Chief Regulatory Compliance Section Division of Air Quality JMC:TT/mpg • cc: Thomas Hedges Y Dale Wikre — MPCA, Division of Solid and Hazardous Waste Phone: 1935 West County Road B2, Roseville, Minnesota 55113.2785 % Regional Offices • Du:uth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer • • LAW OFFICES HAuoEN AND NIHoLAI. PA. 1636 MIOWEST PLAZA OUILOING 601 NICOLLE MALL ORRIN M.NAUOEN MINNEAPOLIS. MINNESOTA SS402 THOMAS J. MKOLAI C61TJ 336.7461 DOUGLAS L.TscNIOA JAMES T. NIKOLAI March 1, 1984 Mr. DaC. Turcotte Sperry'Corporation Semico ductor operations 1500 'Tower View Road Eagan, MN 55121 Dear Mr. Turcotte: PATENTS TRADE MARKS COPYRIGHTS Thank you for the courtesy of your reply of February 23, 1984 to my earlier letter to you. Unfortunately, your letter did not address many of the points I was attempting to raise, namely: 1. Why did Sperry, in September, provide a report to the City Council indicating decibel levels below the MPCA Standards when it must have known that such data was inaccurate? (I have been advised that when going out for bids, it advised prospective bidders that noise levels of 104 dB existed at the roof and that the noise levels were 63-65 dB 300 meters from the building.) 2. Why was it unilaterally decided that it was unnecessary to equip each of the six stacks on the roof with an attenuator? (Sperry first advised the City that each stack would have an attenuator and a diverter.) 3. Why was the 19 -week lead-time estimate not met, even though the scope of the project was reduced when Sperry decided that only one attenuator would need to be procured and installed? (The 19 -week estimate was given on October 16, 1983 and the period should have ended February 24, but on February 7, Mr. Michaud requested and obtained a six week extension from the City when Sperry had only placed an order for the hardware only two working days earlier.) 74- • E Mr. David C. Turcotte Page Two March 1, 1984 I would appreciate knowing how the $30,000 expenditure alluded to in your letter breaks down. We have it from a reliable source that the purchase price of the one attenuator being procured from the Joy Fan Company is $1600 and that the six diverters is a routine sheet metal job and should go for about $500 each. This would total $4600. if the balance of $25,400 represents internal costs to plan, design and contract for the $4600 hardware, something must be very wrong within your Plant Engineering and Procurement Operations or, with the accounting system. Also, if by your representation that the project costed $30,000, you are trying to impress the Timberline residents or the Eagan City officials with the size of the commitment, i would suggest that the amount pales in comparison to the cumulative damages which Sperry has subjected the residents to in terms of decreased property values, the time which has been spent and costs incurred in trying to get Sperry to do what is right in this matter and the emotional strain and irritation on the residents caused by Sperry's continued and protracted violations of the applicable R & D zoning which is supposed to be. controlling. The $30,000 is also small in comparison to Sperry's lost "good will" in the neighborhood. A great mistrust has been generated by the game -playing that has been going on since last summer and this will surely adversely impact the relationship between your company and the neighborhood over the years to come. Vety truly yours,,_ i i Thomas J. iko ai TJN/jk cc: Thomas Hedges, City Administrator ✓ B. Blomquist, Mayor John Gustin �S V .) • MINUTES METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL GENERAL MEETING 7:30 P.M. January 24, 1984 Minneapolis, Minnesota Call to Order, Roll Call. Chairman Walter Rockenstein called the meeting to order at 7.:35 P.M. and asked the Secretary to call the roll. The following members were in'attendance: Members/Alternates Martin Thon (R) Mark Costa (R) Ben Griggs (R) Robert Johnson (R) Kenneth Stabler (A) W. L. Summers (R) Jack Spalding (A) Ron Glaub (R) James McLaughlin (A) Jeff Hamiel (R) David Woodrow (R) John Richter (R) Walter Rockenstein (R) James Serrin (R) Kris Clinton (A) Scott Bunin (R) Carl Vangsness (R) Joyce Maddox (R) Eugene Bohmert (A) Lloyd Wickstrom (A) Mark Mahon (R) Martin Kirsch (R) Donald Priebe (R) Larry Shaughnessy (R) Thomas Baker (R) -71- Eastern Airlines Midway Airlines Northwest Airlines Republic Airlines Republic Airlines US Airlines United Airlines Minnesota Business Aircraft Association Airline Pilots Association Metropolitan Airports Commission St. Paul Chamber of Commerce City of Minneapolis City of Minneapolis City of Minneapolis City of Minneapolis City of St. Paul City of St. Paul City of St. Paul City of St. Paul City of St. Paul City of Bloomington City of Richfield City of Richfield City of Mendota Heights City of Eagan MASAC Minutes N 3 Advicnrc Richard Deitos Bob Botcher Ron Weight Jan Del Calzo Gwen Murray Visitors Jim Attwood Chauncy Case Dave Kelso Mr. and Mrs. Don Witz J. K. Nelson Roger Potratz Bob Swenson Paul Baker -2- January 24. 1984 Air Transport Association Federal Aviation Administration Tower Air Force Reserve Metropolitan Airports Commission Secretary Minneapolis Metropolitan Council Minnesota Pollution Control Agency Richfield Bloomington Minnesota Business Aircraft Association Northern Airmotive Minneapolis Approval of Minutes of November 22, 1983• The Chairman asked if there were any additions or corrections to the minutes of November 22, 1983. There being none, the minutes were approved as presented. Introduction of Invited Guests, and Receipt of Communications. Introduction of Invited Guests. k • • Roger Potratz, President of the Minnesota Business Aircraft Association, was introduced by Jeff Hamiel. Mr. Potratz displayed a flyer which was developed by the MBAA to promote a new program within the business community. The program, called ''Quiet Flying'', sponsored by the MBAR and NBAA, encourages the use of noise abatement procedures for all operations, by all of its members. Receipt of Communications. A. A letter was received from the city of Richfield reappointing their current representatives and alternates. B. The Air Transport Association notified MASAC that their representative is now Richard P. Deitos, Jr., who is Assistant Director of the ATA. Mr. Deitos was present at this meeting. C. Mr. Dale Axelsen, representative of the city of Minneapolis, has resigned his seat on the Council. W • MASAC Minutes -3- • 4. A. Technical Advisor's Preferential umma January 24, 1984 (stem Utilization Report and Complaint Both reports for November and December were given by Jeff Hamiel. Mr. Hamiel discussed the operation of the Permanent Monitoring System and its inability to count aircraft accurately. The system does monitor the run-up pad reliably, as it was originally intended to do. B. amort of the AD HOC Handbook Committee. Mr. Hamiel said that the proposed handbook would be used as educational material for new and present members, and as reference material for people in the community around MAC's airports. The handbook would be comprised of a series of informational pamphlets incorporated into a loose-leaf binder. Specific pamphlets could then be pulled out for resource material on particular subjects. MAC has contacted consultants to aid in writing of these reports and MASAC will be updated after the new Noise Abatement Manager arrives in February. 5. Report: Noise Abatement Plan Update to the Minnesota State Leqislature. Copies of the document were distributed to the membership and there will be discussion at the February meeting after everyone has the opportunity to study • the plan. It is broken down into three sections: 1) 1983 Impacts, 2) Next Year's Objectives, and 3) Long Term Goals. 6. Persons Wishing to Address the Council. Don Witz addressed the Council regarding what he considers to be a 10% use of the 1800 heading off runway 4/22. He also discussed aircraft take -offs during the quiet time of 11:00 p.m. to 6:00 a.m. Mrs. Olive Witz commented on the front page newspaper article on January 20 regarding future plans of the MAC, including possible lengthening of runway 4/22. Jim Serrin moved, and Ron Glaub seconded, a motion that the 1,000 foot threshold at the northeast end of /22 be used for takeoff and landing. This motion will be referred to the Operations Committee for recommendation. 7. Report of MASAC Representative to MAC Meeting of January 16, 1984. Jeff Hamiel reported that in December there was a crash of a small aircraft on approach to the Crystal Airport. There were no fatalities. He also said that the Resolution presented by MASAC regarding the.addition of equipment to the Permanent Monitoring System was approved by MAC Staff. Mr. Hamiel is working with the provider of the system (Tracor, Inc.) and the consulting engineers (Wylie Labs) to investigate ways to make this system count aircraft accurately. Further discussion at the MAC meeting included the 1983 Report to the Legislature; • the Capital Improvement Program for 1984-85, and Capital Improvement Plan for 1986-1990, which will be a 74 million dollar improvement program. Martin Kirsch moved to send the Capital Improvement program to the Operations and Executive Committees for approval. This motion was seconded by Scott Bunin and approved unanimously. MASAC Minutes -4- January 24, 1984 8. Other Items Not on Agenda. • A. Petitions, signed by attendees to public forums on noise in south Minneapolis, were presented. Also introduced were a letter from Councilman Kramer and Tim Anderson's reply. B. Bob Botcher, Assistant Chief of the FAA tower, said that Transportation Secretary Dole announced that a 90.6 million dollar contract has been signed with the Hazeltine Corporation for development of the Microwave Landing Systems. The first of these will be in Boston, Denver, Alaska and Washing- ton, D.C. with 172 units to follow. 9. Establish Next Meeting Date. The next MASAC Meeting will be on February 29, 1984. 10.. Adjournment. Chairman Rockensetin adjourned the meeting at 9:18 p.m. Respectfully submitted, Gwen Murray, Secretary V E 11 3830 PILOT KNOB ROAD. P.O. BOX 21199 BEA BLOMOUIST EAGAN. MINNESOTA 55121 `va PHONE: (612) 454$100 THOMAS EGAN JAMES A SMITH Arm THOMAS THEODORE wACHTER February 21, 1984 C�'""� ' THOMAS HEDGES C,Iv Ad.w ftQ1V ' EUGENE VAN OVERBENE OW C� MR. TOM GEGAX T.B.A. MARKETING CONCEPTS 5760 WAYZATA BLVD. GOLDEN VALLEY, MN. 55416 RE: TIRES PLUS STANDARD 4205 NICOLS ROAD I.D. # 10-03000-011-25 Dear Mr. Gegax: The application and instructions for a variance from the water closet room for each sex is enclosed. This is for the variance from City Code #4.01, UBC 1982 Edition, Section 705. That section requires a separate facility for each sex if the facilities will be used by more than four people. You indicated that T.B.A. had remodeled to a one toilet facility in Brooklyn Center. My investigation revealed that the original place of business in Brooklyn Center had only one toilet while your Eagan facility originally had two.. Please forward your application to City Planner, Dale Runkle, for processing. Sincerely, Dale Zle� Chief Building Official DP/js Encl. CC: CTom_Hedges—City=Administrator Dale Runkle, City Planne—� Parcel File 83 THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR • FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MARCH 1, 1984 SUBJECT: PUBLIC WORKS MAINTENANCE DEPARTMENT POLICY - DAMAGED BOULEVARD RESTORATION As you may be aware, during the first initial snowplowing opera- tions performed by the Public Works Maintenance Division, there are several locations where boulevard sod was damaged due to the fact that the ground had not yet frozen and the snowplow blade damaged a portion of frontyard areas due to the fact that it is very difficult to define the curb alignment for heavy accumulation first snow falls without previous snow banks to guide the way. Subsequently, the Public Works Maintenance Division receives a considerable number of phone calls notifying us of the damage situation as it occurs. Once the Maintenance Division receives this information, we make a list for repair the following spring. The Public Works Department has the following policy as it pertains to the restoration of these damaged areas: SOD REPLACEMENT: Those areas of lawns/boulevards that were • amaged y t e snowplow that can readily be repaired/restored through new sod installation will be performed by the Public Works crews as soon as sod becomes available from suppliers. Past experience indicates that, dependent upon wet/dry spring conditions, the average date that sod becomes available is approxi- mately May 15. SEEDING: Those areas that are too small to be effectively repaired/ restored with standard -width strips of sod are performed by placing high-quality topsoil and seed. This seed restoration can occur as soon as the last freeze has occurred which his- torically has been approximately May 1. Subsequently, we anticipate beginning this boulevard/lawn restora- tion approximately May 1 and anticipate that it will take approxi- mately one month to restore and repair all damaged areas within the City that occurred from the previous snow removal season. In the past, we have had good success and acceptance with this policy and procedure. If you receive any questions, comments, or complaints pertaining to boulevard damage and required restora- tion, I would appreciate it if you would forward it directly to Public Works Maintenance Division so that it can be incorporated in their list of repairs. Please feel free to share this with other individuals that you • feel may benefit by this information. Respecfkully su m'tt , om�ol ert, P.E. $4 Director of Public Works cc: Bill Branch, Supt. of Streets/Equipment TAC/kf , SUBJECT TO APPROVAL • MUTES OF A REGULAR MEETING OF THE RAGAN CITY COUNCIL. RAGAN, MINNESOTA MARCH 6, 1984 A regular meeting of the Eagan City Council was held on Tuesday, March 6, 1984 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Blomquist and City Councilmembers Smith, Wachter, Egan and Thomas. Also present were City Administrator Hedges, Public Works Director Colbert, Consulting Engineer Rosene and City Attorney Hauge. AGENDA Upon motion by Egan, seconded Wachter, it was resolved that the Agenda be approved with the addition of Ren Vraa to discuss the proposed park bond issue of 1984. All voted yes. February 21L 1984 _ Regular Meeting. Upon motion by Smith, seconded Egan, it was resolved that the Minutes of the February 21, 1984 meeting be approved with the following changes: Page 4 relating to Project 0372, the • name is Marlene Doehling. Page 8 - Thomas moved, Egan seconded the motion relating to the Almquist Lake Lift Station; page 9 relating to the Eagan City Code Update - Egan moved, Thomas seconded the motion to approve the proposed Ordinance revisions with a number of changes and authorize their publication in the legal newspaper, but that the changes noted by the Council at the meeting be implemented and the staff further investigate those areas requested by the Council. All voted in favor. ' February 7. 1984 _ Regular Meeting. Relating to noise emission from the Sperry Plant, on page 3, Egan moved, Smith seconded the motion to direct the City Attorney to investigate the recourses available to the City if the problem is not remedied by that date;. as to the liquor license policy change on page 4, the motion by Egan, seconded Wachter provided that the Council consider the renewal of the Parranto application in 1985 if the license is not activated in 1984. Egan moved, Thomas seconded the motion to approve the minutes as amended. All voted yes. CONSENT AGENDA The following consent agenda items were presented to the Council and recommended for approval by the staff: 1. Project 0396 _ Westbury Addition. The feasibility report for the installation of streets and utilities to service the first phase of Westbury Addition at the southwest corner of Wescott Road and Lexington Avenue under • Project 0396 was presented to the Council and it was recommended that the feasibility report be received and the public hearing be scheduled for 7:00 p.m. on April 3, 1984 at the City Hall. Council Minutes March 6, 1984 • 2. Lexington Avenue - Trunk Watermain/Booster Station - Project 0395• The feasibility report or Project 0395 consisting of the booster station for the trunk watermain on Lexington Avenue was recommended to be received by the Council and that the Council schedule a public hearing at the Eagan City Hall at 7:00 p.m. on April 3, 1984. 3. Westbury Addition - Preliminary Grading Application. An application had been received from Gabbert Development Co. for a grading permit for the proposed Westbury Addition and it was recommended the application be approved, subject to ordinance compliance. 4. Tax Forfeited Property. Three parcels were classified non - conservation land In preparation for tax forfeiture sale by Dakota County and the City was requested to determine whether it had any need for the property. They included a parcel in Wilderness Run 5th Addition, a parcel in Ches Mar 2nd Addition and a parcel in Zehnder Acres. City staff reviewed the three parcels and recommended that the City acquire the Ches Mar 2nd Addition parcel 010-02700-012-51 and to classify the other two as non -conservation land, but the Ches Mar 2nd Addition parcel as conservation/public interest property. 5• Contractors Licenses. The foregoing schedule of contractors license • applications was submitted to the Council and recommended for approval as provided in the packet. 6. Personnel Items. The resignation of Public Works Director Secretary, Judy Chaffee -Heald has been submitted and it was recommended that the resignation be accepted and that the staff be authorized to advertise for a replacement in the position. It was next recommended that the Council authorize the advertisement of a permanent part-time special assessment aide in accordance with present city policy, noting that Nancy Ohm will be transferred to a full-time clerk typist position. Upon motion by Smith, seconded Thomas, it was resolved that the foregoing consent agenda items be approved and that the staff be authorized to implement them. All voted in favor, except Wachter voted no as to the Westbury Addition permit. SILVER BELL ROAD Bruce Copeland, the President of the Shannon Glenn Condominium Associa- tion appeared with a Petition signed by 133 persons requesting that the City Council proceed to institute a project to improve Silver Bell Road, particu- larly at its intersection of Beau D' Rue Drive. The Councilmembers indicated • that the staff already has been directed to commence the improvement project. 2 Council Minutes • March 6, 1984 WESCOTT ROAD - TAONH WATER MAIN RBARINC McCARTRY PROPERTY - PROJECT ;305 Mayor Blomquist convened the public hearing regarding the proposed assessments under Project 0305 regarding the trunk water main over the McCarthy property, both north and south of Wescott Road at 7:00 p.m. Tom Colbert introduced the assessment hearing and Paul Hauge, City Attorney, conducted the hearing on behalf of the City Council. He read a statement into the record and indicated that a cassette recording would be made of the hearing, and it was noted that no one appeared on behalf of the owners of the property. The statement covered the procedure, including the right to request additional evidence and testimony to be submitted, the right to file Briefs on behalf of interested property owners or the City, and the opportunity within 30 days of the closing of the hearing, to submit proposed findings of fact, conclusions and order regarding the assessments. Tom Colbert, Public Works Director, reviewed the feasibility report covering Project 0305, started in 1980 and ordered in in 1980, and the water trunk improvements that were installed as a part of the Wescott Road improvements, including storm sewer, some sanitary sewer crossings and trunk water main. He noted that the assess- ments were proposed to cover the 80 acres north of Wescott Road owned by the McCarthy family, approximately 40 acres south of McCarthy Road and owned by McCarthy, and 40 acres south of Wescott Road in the proposed Westbury Addi- tion, which had been assessesd at an earlier time. The assessment hearing was first held in July of 1983 at which time objections were filed. A subsequent hearing was held in December 1983 and the City Council then rescheduled the hearing to March 6, 1984 in order to employ an appraiser to recommend to the City Council what benefit would accrue from the installation of water main to the McCarthy property. The assessment roll was introduced noting that 1980 assessment rates, including both area assessments for water purposes and lateral benefits from trunk water main, were used covering the three parcels involved with total assessments of approximately $90,000.00. Notice of the hearing was published in the legal newspaper and notices were sent to the affected property owners. A letter of objection signed by Patrick McCarthy personally, and Patrick McCarthy as Personal Representative of the Estate of Dennis McCarthy, dated February 26, 1984, was included in the record, as were overhead projections of the area proposed to be included in the assessment roll and also the feasibility report, together with notices and other applic- able documents relating to the assessments. Mark Parranto, appraiser hired by the City, presented a detailed written appraisal report and orally reviewed the appraisal at length with the City Council. It was his opinion that the benefit to the property exceeded the amount of the assessment and at 7:50, noting there were no objections nor appearances on behalf of the property owners, Smith moved, Thomas seconded the motion to close the hearing but to leave the assessments open for 30 days in • order to allow interested parties to submit proposed findings, conclusions and order to the Council and further, to submit any other information that was deemed appropriate regarding the assessments. All voted in favor. K Council Minutes March 6, 1984 • CEDARVALE 2RD ADDITION - PROJECT #373 -ALT. Mayor Bea Blomquist then convened the public hearing regarding storm sewer and driveway improvements in Cedarvale 2nd Addition, along Cedarvale Blvd. for Project 0373 -Alternate. Mr. Colbert stated that on January 17, 1984 a public hearing was held on Project 0373 discussing various alternates for the elimination of the service drive to Old Trunk Highway 013 adjacent to Rax, Perkins, Country Club Market and Minnesota Federal Savings & Loan. There was no clear consensus at that meeting by the affected owners and staff was directed to review other potential alternates and meet with the affected property owners, which he stated has now been done. Bob Rosene, the Consulting Engineer detailed the new proposal, including driveway improvements and storm sewer installation. Four properties are involved and proposed to be assessed. Roger Youngquist, Assistant V.P. of Minnesota Federal had questions about the storm sewer installation. Represen- tatives from Rax Restaurant had numerous questions and were told that both left turn in and out from the Rax Restaurant onto Cedarvale would be per- mitted; that Outlots A through'D which consist of the service road, now owned by DCR, will be sold to the adjacent property owners for a nominal price; and, • that the assessments are proposed to cover a ten year period. The Rax repre- sentative indicated that a request will be submitted to the Council to relo- cate its pylon sign. Sheldon Kranz of Country Club Markets had phoned Mr. Colbert and indicated he was unable to be present, but Country Club supported the proposal. The Mayor had concerns that all owners would maintain the green area adjacent to Cedarvale Blvd. and it was suggested that screening be included in the project near the Country Club Market, or that Country Club would do its own installation of screening and landscaping with City approval. Mark Parranto appeared on behalf of the owners of Mister Donut shop and stated that the owners now support the project but would recommend that blacktop overlay on the Home Juice private drive be installed. There were no objections to the project but there were questions about the private service drive and it was suggested that the remaining private drive between the bowling alley and Country Club be improved under a separate project. After considerable discussion, Wachter moved, Thomas seconded the motion to close the hearing, to approve the report and to authorize the preparation of plans and specifications which would include landscaping and screening to be approved by the City staff. All voted in favor. Smith then moved, Egan seconded the motion to direct the City to acquire an option for the service drive adjacent to Cedarvale Blvd. from the Donut shop to the Country Club Market; further, that a feasibility report be prepared covering the improve- ment of that service drive with the intention of assessing the property owners and potentially vacating the service drive at a later time. All voted in • favor. 4 Council Minutes • March 6, 1984 The application of Perry Kieffer for conditional use permit for commer- cial storage in an Agriculturally zoned district on Dodd Road was next con- sidered. Mr. Kieffer requested that the application be continued to the April 3, 1984 regular meeting and upon motion by Wachter, seconded Thomas, it was resolved that the application be continued. All voted yes. SUNSET STN ADDITION - PREUXINARY PLAT The application of Joseph Hoffman for preliminary plat approval of Sunset 5th Addition containing one acre and located on Dodd Road was next presented to the Council. The applicant called and indicated he would not be able to be present. Councilmembers had concerns about access to the property to the west and it was noted that the parcel on the north has been purchased by a Church denomination and it was further understood that access through that parcel may • be possible. Mr. Hoffman objected to road access through his one acre parcel proposed to be platted under the application. After discussion, Wachter moved, Egan seconded the motion to forward the application to the Advisory Planning Commission for further review regarding road access to Dodd Road. All voted yea. • EU -1 CREST ADDITION - LOT 12, BLOCK 1 - VARIANCE An application from Mark Parranto for front setback variance for Lot 12, Block 1, Hillcrest Addition was submitted to the Council. Mr. Parranto was present and explained that the reason for the requested variance was because of the steep terrain and because of the attempt to avoid taking additional unnecessary trees. Notices were not mailed to the surrounding property owners but the only property owner within 200 feet was Jerry Thomas. Mr. Thomas indicated he had no objection and waived the right to object and further stated he would abstain from voting. After discussion, Smith moved, Egan seconded the motion to authorize the front. setback variance for Lot 12, Block 1, and to grant a blanket variance for Lots 12 through 20 for terrain and vegetation purposes and if a request is made for Lots 21 through 25, that a special publichearingbe scheduled before the Planning Commission; further, the building inspector and public works departments approve the minimum set- back for Lot 12 through 20. All voted in favor except Thomas who abstained. 5 Council Minutes March 6, 1984 • PUBLIC WORKS KAINTENANCE CONTRACT City Administrator Hedges indicated that a letter had been received from the Minnesota Teamsters Public and Law Enforcement Employees Union Local 0320 regarding the Eagan Public Works Maintenance employees confirming the compen- sation settlement for 1984-1985, with one exception on the salary increase in 1985, all proposals by the City Council were approved and it was recommended that the Contract be ratified. Upon motion by Wachter, seconded Egan, it was resolved that the final ratification of the Public Works and Parks Maintenance division Contract with the Teamster Union be and hereby is approved, based upon the offer made by .the City Council as of January 30, 1984. All voted in favor. wESTCOIT TRUNK SANITARY SEWER - CONTRACT ?84-2 Mr. Colbert stated that the quick -take condemnation proceedings crossing the McCarthy property has now been commenced and that the bids have been received for Contract 084-2 consisting of the sanitary sewer trunk. The bids included four alternates and it was recommended that the Council authorize only the total base bid and reject all alternate bids. Smith moved, Thomas • seconded the motion to approve and award the contract to Austin P. Keller Construction Co. in the sum of $383,370.00 and authorize the contract to be awarded to Austin P. Keller Construction Co. and that all alternates be re- jected. All voted in favor, except Wachter who voted against. YANKEE DOODLE RESERVOIR REPAINTING. - CONTRACT /84-4 The plans for the Yankee Doodle Reservoir repainting, including the alternate for the name Eagan being painted on the tank, were presented to the Council. Upon motion by Wachter, seconded Egan, it was resolved that the plans for Contract 084-4 be approved and that the Clerk be authorized to advertise for bids to be opened at 10:30 a.m. on Friday, March 23, 1984 at the City Municipal Center. All voted yea. PARK BOND ISSUE PROPOSED FOR 1984 Ken Vraa, the Park Director, was present and reported on the Park Bond Task Force which has been meeting over recent weeks. He explained that he expected that the task force will recommend to the Park Committee that a bond issue election be held in the spring of 1984. After discussion by Council - members, a special meeting was scheduled for March 27, 1984 at the City Hall at 7:00 p.m. to meet jointly with the Advisory Park and Recreation Committee and any task force members who want to be present at the City Hall to discuss • the proposed bond issue. 2 • Council Minutes March 6, 1984 FIRE ADMINISTRATION BUILDING - PARKING LOT - CONTRACT #84-5 Bids were received on March 1, 1984 for the Fire Administration parking lot and two alternate bids were also submitted. The first alternate was for 0 the installation of a concrete driveway for the first 33 feet from the new garage addition, and the second alternate was a deduct providing for City maintenance crew installation of aggregate base prior to the paving of the surface. Staff recommended that the Council reject alternate No. 2 and Smith moved, Wachter seconded the motion to award the bid to the low bidder, Inde- pendent Curb Contractors, Inc. in the total base bid of $28,075.00 with the Alternate. No.'1 of $1,548.00 and to ,reject Alternate No. 2. All voted yes, except ;UQID39 who abstained. FOUR OAKS ROAD/COACHMAN ROAD - PROJECT #348 The City Council had authorized the preparation of the feasibility report for the upgrading of Coachman Road from Yankee Doodle Road to Four Oaks Road and from Four Oaks Road to Trunk Highway 413. The feasibility report has now • been completed and Wachter moved, Smith seconded the motion to receive the report for Project 4348 and to schedule a public hearing at the City Hall at 7:00 p.m. on April 3, 1984. All voted in favor. • KENSINGTON PLACE - FINAL PLAT APPLICATION The application of Tomark Development.Co. for final plat approval of Kensington Place was submitted to the Council. Staff recommended approval, subject to compliance with all City requirements and a representative, David Briggs, of Tomark was present. Egan moved, Thomas seconded the motion to approve the final plat application for Kensington Place, subject, however, to all City requirements and authorize the Mayor and City Clerk to execute all related documents. All voted in favor. TOMARK ADDITION.- BOND ISSUE CARRIAGE BTI.iS HOUSING REVENUE BOND ABSOLUTION Councilmembers discussed the hearing for the proposed Carriage Hills Housing Revenue Bond issue and potentially rescheduled it to April 3, 1984. Smith moved, Egan seconded the motion to authorize the hearing to be held on April 3, 1984 at 7:00 p.m. in the event that the Council cannot officially continue the hearing from March 22, 1984, noting the Finance Committee will not be able to meet prior to March 22, 1984. All voted in favor. 7 Council Minutes March 6, 1984 is LEAGUE OF l019ASSOTA CITY POLICY AND PRIORITIES The proposed 1984 -City Policies and Priorities drafted by the League of Minnesota Cities had been distributed to the City Council and the Council briefly discussed the policies. Egan moved, Blomquist seconded the motion to adopt the policies and priorities without amendments. All voted in favor. SUNSET 4TH ADDITION - PRELILKERARY PLAT The City Council again discussed the application of Tri -Land Company for preliminary plat approval of Sunset 4th Addition, particularly relating to the southerly tier of lots along Hackmore Drive. It was noted that -the Council's Resolution of February 21, 1984 required both an escrowing of funds and that Outlots be provided on the southerly tier of lots. Mr. Colbert recommended that the Council require only one of the two conditions and recommended that a prepayment be required from the applicants. Smith moved, Thomas seconded the motion to amend the conditions provided in the February 21, 1984 motion approving the application, to provide for a prepayment by the applicants for the projected costs for the improvements to be assessed against the north side • of Hackmore Drive, including street and utility improvements. All voted in favor. There was some reluctance on behalf of the Councilmembers, however, to authorize the spread of the cost over all of the lots in the subdivision, and noted it appeared to be more appropriate to spread the costs only over the southerly tier of lots. Mr. Colbert reviewed with the City Council both in written form in the packet, and verbally at the Council meeting, a proposal to revise the schedule of administrative fees in the case of private utility and street improvements within new subdivisions. He indicated that the work load of the staff was in excess of the amount of reimbursement received from the developers in case of installation of private improvements, and noted that during 1984, it appeared that the percentage will increase from about 50% of the subdivision improve- ments to 60% - 65% for privately installed. Several alternates were sug- gested, including a minimum fee of $1,000.00 with a sliding reduced scale or a fixed percentage of the projected costs. Blomquist moved, Thomas seconded the motion to direct the staff to propose a schedule of fees for installation of improvements by developers under private contractors, including review of plans and specs, construction review and management, financial bond calcula- tion review, final inspections, etc. All voted yea. • E Council Minutes • March 6, 1984 SIGNS THROUGHOUT THE CITY Objection had been received by residents of the City to staff and Councilmembers regarding the proliferation of signs throughout the City. The staff was requested to inspect and direct removal of signs that are not authorized. OF COUNCIL MEETING Upon motion by Egan, seconded Thomas, it was resolved that the City Council meeting be temporarily adjourned, subject to reconvening, in order to authorize the convening of the Housing and Redevelopment Authority. All voted in favor. At 10:10 p.m., upon motion by Egan, seconded Thomas, it was resolved that • the Eagan Housing and Redevelopment Authority convene according to notice, all members being present. All voted yes. Mr. Hedges explained the main purpose of the meeting was to review and approve the proposed Land Sale and Develop- ment Agreement covering the Minnesota Jockey Club race track facility. The March 6, 1984 redraft of the Agreement was distributed to the City Council members and also the exhibits proposed to be attached were dicussed. Mr. Wachter explained his opposition to tax increment financing. Thomas moved, Egan seconded the motion to approve the Agreement, subject to final review and approval by the staff. All members voted yes and Mr. Wachter voted yes because its purpose was to protect the City. HRA PUBLIC HEARING Egan moved, Smith seconded the motion to schedule a public hearing of the HRA for March 27, 1984 at 7:00 p.m. to review and act upon the proposed sale and disposition of certain land owned or to be owned by the HRA in Redevelop- ment District No. 1 in the City of Eagan, which disposition of land would be made in accordance with the land sale and development agreement between the HRA and the City of Eagan and the Minnesota Jockey Club, a limited partner- ship. All voted yes. @&_517.. Thomas moved, Smith seconded the motion to adjourn the HRA meeting. All is voted in favor. V Council Minutes • March 6, 1984 RE -CONVENE COUNCIL MEETING AT 10:35 P.M. The City Council meeting again was reconvened at 10:35 p.m. by the Mayor. City Administrator, Tom Hedges, next presented the proposed Land Sale and Development Agreement betwen the City of Eagan, the Eagan HRA, and the Minne- sota Jockey Club limited partnership. He stated that exhibits have now been prepared and will be attached to the Agreement and proposed a Resolution approving the form of the Contract on file with the City Clerk/Treasurer, and authorizing the execution by the appropriate officers. Upon motion by Smith, seconded Thomas, it was resolved that the recommendation of the City Clerk regarding the Land Sale and Development Contract be and it hereby is approved and the Contract be authorized to be executed by the appropriate City officers. All voted in favor. RACE FACILITY - PLANNED DEVELOPMENT AGREEMENT A draft planned development agreement prepared by the staff and city • attorney's office concerning the proposed Minnesota Jockey Club race facility was presented to the Council for its review. It was noted the draft covered the action of the Advisory Planning Commission and the City Council in August and September of 1983, including noise impact information regarding the pro- posed use of the site. Egan moved,.Thomas seconded the motion to approve the draft planned development agreement, subject to final approval and to autho- rize the Mayor and City Clerk to sign the appropriate documents. All voted yes. Egan moved, Wachter seconded the motion to approve the following check- list dated: All voted yea. Upon motion duly made and seconded, the meeting adjourned at 11:00 p.m. All voted in favor. PHH City Clerk 10 0 MEMO TO: CHONORABLE-MAYOR& CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MARCH 6, 1984 SUBJECT: ADVISORY PARKS & RECREATION COMMISSION RECOMMENDATION ROSE HILL ADDITION At its regular meeting on March 1, 1984, the Advisory Parks and Recreation Commission reviewed the proposed Rose Hill Addition. The Advisory Parks & Recreation Commission questioned potential problems relative to the access to Blackhawk Lake & relative to the development of private facilities with a relatively short property abutment on the .lake. After additional review, the Advisory Commission recommended that the City Council require a cash dedication requirement for the proposed plat. !/ Ken V cc: Dale Runkle, City Planner Tom Colbert, Director of Public Works Paul Hauge, City Attorney KV/kf MEMO TO: HONORABLE_MAYOR & CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MARCH 6, 1984 SUBJECT: ADVISORY PARKS & RECREATION COMMISSION RECOMMENDATION SAFARI ESTATES 2ND ADDITION At its regular meeting on March 1, 1984, the Advisory Parks and Recreation Commission reviewed the proposed Safari Estates 2nd Add�',and recommended that a cash dedication requirement be a conHition of plat approval. cc: Dale Runkle, City Planner Tom Colbert, Director of Public Works Paul Hauge, City Attorney KV/kf MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MARCH 6, 1984 SUBJECT: ADVISORY PARKS & RECREATION COMMISSION RECOMMENDATION HOLMES ADDITION At the regular meeting of March 1, 1984, the Advisory Parks and Recreation Commission recommended that the Holmes Addition be subject/tq a cash dedication requirement. 1�C 11 VL Qa __ cc: Paul Hauge, City Attorney Dale Runkle, City Planner Tome Colbert, Director of Public Works KV/kf 0 MEMO TO:CHONORABLE-MAYOR]& CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MARCH 6, 1984 SUBJECT: ADVISORY PARKS & RECREATION COMMISSION RECOMMENDATION Oak Cliff Addition At its regular meeting on March 1, 1984, the Advisory Parks and Recreation Commission reviewed the proposed Oak Cliff Addition as part of the Winkler/Jackson PUD. It was noted that the Planned Unit Development agreement requires a land dedication with the first phase of development. After review of the PUD agreement and additional discussion, the Advisory Parks and Recreation Commission recommended that the City accept the designated park land in the PUD agreement with the 'platting of the Oak Cliff Addition. Further, that the PUD agreement continueo require the grading of the park area as previously stipuladedjin the agreement. n CC: Dale Runkle, Tom Colbert, Paul Hauge, KV/kf City Planner Director of Public Works City Attorney MEMO TO:[—HONORABLE MAYOR& CITY COUNCILMEMBERS TOM HEDGES, CITY ADMINISTRATOR FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: MARCH 6, 1984 SUBJECT: LAWCON/LCMR FISCAL YEAR 1985 GRANT APPLICATIONS The Advisory Parks and Recreation Commission on March 1, 1984, reviewed potential grant applications for the Fiscal Year 1985 LAWCON/LCMR grants program (see attachment addressed to the Advisory Commission). The Advisory Commission reviewed each of the subject park parcels and after a thorough discussion, has recommended to the City Council that grants be submitted in the following priority: 1. Coachman Park 2. Schwanz Lake Park 3. Capricorn Park In addition, the Advisory Commission has recommended to the City Council that the City staff and City Attorney be authorized to begin negotiations for acquisition of approximately 1.4 acres from three private property owners whose property touch upon the south shore of Schwanz Lake. It was noted that acquisition costs could come from part of a combined development/acquisition proposal or from the park site fund as may be necessary. Members also noted an express concern for the requirement of providing matching funds for each grant application. They requested staff to review and restructure said grant applications to reduce the amount of the City's match to a level acceptable to the Council and sustainable within the park site fund. ACTION TO BE CONSIDERED ON THIS ITEM: To approve modify or reject the Advisory Commission's recommendation for the submission of thl three priorty parks grant applications for Fiscal Year 19851 Attachment KV/kf / MEMO TO: ADVISORY PARKS & RECREATION COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: FEBRUARY 23, 1984 SUBJECT: FISCAL YEAR 1985 LAWCON/LCMR PARK GRANTS At the February meeting of the Advisory Parks & Recreation Commis- sion, staff made a brief presentation on possible changes for the fiscal year 1985 LAWCON/LCMR Grants program. Although the Metropolitan Council has not adopted its final review criteria, it would be appropriate for the Advisory Parks and Recreation Commission to determine its priorities for grant applications to insure that these applications can be submitted on a timely basis. Therefore, staff has prepared the following information relative to potential park sites for your consideration. 1. Coachman Park - In 1979 the City received an acquisition grant to acquire a .portion of now Coachman Park. This grant was awarded to the City under the entitlement of a community athletic complex for Section 9. The amount of the grant award to the City was for $99,000. Of this amount approximately $33,000 was of state LCMR funds. Because there is a $200,000 maximum award for C LCMR funds to any single project, there remains at least $170,000 of funding which can still be sought for development of the this park area. The working proposal currently being reviewed for a possible park bond referendum, indicates that Coachman Park's development would cost approximately $220,000, thus making it eligible for the funding under the LCMR/LAWCON cost -haring formula. 2. Schwanz Lake Park - The designation of Schwanz Lake Park as a community park may give this park area some priority for grant funding. However, there are three identifiable problems at this time which may affect the awarding of funds to the City for this park. These three problems are as follows: 1) the City does not currently own the property although it has been designated for acquisition under the Lexington South PUD. Assuming that Mr. Curry follows. through with his intentions of deeding this property to the City by October of 1984, this concern will be eliminated; 2) there remains approximately 1.4 acres of additional shoreline aquisition from three private property owners whose lot lines touch upon the south shore of Schwanz Lake. This aquisi- tion was noted in the systems plan study. Should the determination be made that a grant should be submitted for Schwanz Lake Park for development, direction should be given to the City Attorney's office to proceed with negotiations for purchase of this land. Acquisition costs could become a part. of the grant application under a combined development/acquisition proposal; DIRECTOR OF PARKS & RECREATION/ADVISORY COMMISSION r February 23, 1984 \ Page 2 3) Access to Schwanz Lake Park is to be from the proposed future South Wescott Hills Drive. Because the timing of this road construction is uncertain, it may affect the ranking of the grant. This can be somewhat mitigated by the inclusion of a temporary access road on the alignment of the future road bed. Including the optional shelter building for Schwanz Lake, development costs are estimated at $390,000. Under current formulas and at this grant maximum, the City could receive a total of $150,000 assuming sufficiently high rankings. 3. Capricorn Park - Capricorn Park has been designated as a quasi -community park facility under the park system plan. Estimated cost for the development of this facility is $460,000. Like Schwanz Lake, assuming high enough grant ranking, the City could expect to receive as much as $150,000 toward these development costs. Capricorn Park, because of its size, service area, accessibility by major roadways, as well as site suitability, lends itself toward being ranked as a significant project. 4. Rahn Park - Staff has considered the Phase 2 approach Cto the development of the athletic fields at Rahn Park. However, the City has already received, under the previous acquisition and Phase 1 development grant, $170,000. Current guidelines prohibit more than $200,000 maximum for any single project and, therefore, would limit the City to receiving only an additional $30,000 toward the Phase 2 development. 5. Thomas Lake Park/Blackhawk Park - The Director of Parks and Recreation has been approached by Mr. Ed Dunn to determine the interest of the City in acquiring, through purchase, the parkland designated under the existing PUD's for dedication, and in the case of Blackhawk Park, the offer to sell additional land to the south of Black - hawk Lake. Under the proposal to acquire through purchase parkland shown to be dedicated under the PUD agreement, the City would acquire the land with a grant application allowing the City to have earlier control of the property and then reinstating a cash dedication requirement on the adjacent land parcel which would generate future cash dedication fees exceeding the City's share in the cost acquisition procedure. This would be similar to acquisition of designated park property along Blackhawk Lake. Staff has a concern for the rankings of acquisition applications at this time as the ranking criteria is now heavily weighted toward development type projects. Staff has been considering C I DIRECTOR OF PARKS & RECREATION%ADVISORY COMMISSION February 23, 1984 Page 3 a possible development project for Thomas Lake Park but without acquisition of the property or acquisition pending, it is very unlikely the City would receive approval of a grant application. The Advisory Commission should make a determination of which grant applications it would like to have submitted for the fiscal year 185 grant cycle. Members should keep in mind that it may now submit more than one grant application. Members must also keep in mind that matching funds will be required by the City should the grants be awarded to any one or all of the projects submitted. There is insufficient funding within the park site fund to cover these matching costs and could only be made available through a successful parks bond referendum or special assessment levy. ACTION TO BE CONSIDERED ON THIS ITEM: Advisory Parks and Recrea- tion Commission is asked to select for recommendation to the City Council,,grants to be submitted for 1985. rector o KV/jj/kf rea ADMINISTRATIVE AGENDA EAGAN CITY COUNCIL REGULAR MEETING MARCH 6, 1984 CITY ATTORNEY CITY ADMINISTRATOR 1. Rough Draft, Development Agreement for Proposed Horse Racing Facility 2. Consideration of the Planned Unit Development Agreement for the Laukka/Beck P.U.D. DIRECTOR OF PUBLIC WORKS • 0 • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 5, 1984 SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY There are no items at this time to be considered under City Attor- ney. CITY ADMINISTRATOR 1. Rough Draft, Development Agreement for Proposed Horse Racing Facility -- The City Administrator, City Attorney and Director of Public Works have been meeting with representatives of the Minnesota Jockey Club to finalize the development agreement between the City of Eagan and Minnesota Jockey Club, Inc. The development agreement covers all issues that have been required by the City Council through the platting, rezoning, tax increment and industrial • revenue financing approvals previously authorized by the City Coun- cil. This development agreement is not unlike other development agreements with the exception that it covers tax increment financing and the housing and redevelopment authority action. A meeting is scheduled today to again review in detail the rough draft develop- ment agreement, a copy of which is enclosed without page number for your review. It is anticipated that corrections and changes will be made today and tomorrow to the development agreement. Therefore, it is recommended that action be considered by the City Council to adopt the development agreement between the Minnesota Jockey Club, Inc., and the City of Eagan. The action should be , made subject to any changes that are foreseen before the City Ad- ministrator or City Attorney before final signature which is usual and customary for all development agreements. Please note that the Eagan HRA must approve this item prior to City Council action. Enclosed in the packet is an agenda creating a special meeting of the HRA. Therefore, the Council meeting should be temporarily ad- journed for the HRA meeting and then reconvened after action is taken by the HRA. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the development agreement between the Minnesota Jockey Club, Inc., and the City of Eagan for the proposed horse racing facility. • • Administrative Agenda Information March 6, 1984 Meeting Page Two 2. Consideration of the Planned Unit Development Agrement for the Laukka/Beck P.U.D. -- The PUD agreement as it relates spcifical- ly to the PUD zoning for the Laukka/Beck PUD is in order for con- sideration at the March 6 Council meeting. The City Attorney will discuss this further at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the Plan- ned Development Agreement for the the Laukka/Beck PUD. DIRECTOR OF PUBLIC WORKS There are no items to be discussed under the Director of Public Works at this time. E • ADMINISTRATIVE AGENDA EAGAN CITY COUNCIL REGULAR MEETING MARCH 6, 1984 CITY ATTORNEY CITY ADMINISTRATOR 1. Rough Draft, Development Agreement for Proposed Horse Racing Facility 2. Consideration of the Planned Unit Development Agreement for the Laukka/Beck P.U.D. DIRECTOR OF PUBLIC WORKS • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 5, 1989 SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY There are no items at this time to be considered under City Attor- ney. CITY ADMINISTRATOR 1. Rough Draft, Development Agreement for Proposed Horse Racing Facility -- The City Administrator, City Attorney and Director of Public Works have been meeting with representatives of the Minnesota Jockey Club to finalize the development agreement between the City of Eagan and Minnesota Jockey Club, Inc. The development agreement covers all issues that have been required by the City Council through the platting, rezoning, tax increment and industrial • revenue financing approvals previously authorized by the City Coun- cil. This development agreement is not unlike other development agreements with the exception that it covers tax increment financing and the housing and redevelopment authority action. A meeting is scheduled today to again review in detail the rough draft develop- ment agreement, a copy of which is enclosed without page number for your review. It is anticipated that corrections and changes will be made today and tomorrow to the development agreement. Therefore, it is recommended that action be considered by the City Council to adopt the development agreement between the Minnesota Jockey Club, Inc., and the City of Eagan. The action should be made subject to any changes that are foreseen before the City Ad- ministrator or City Attorney. before final signature which is usual and customary for all development agreements. Please note that the Eagan HRA must approve this item prior to City Council action. Enclosed in the packet is an agenda creating a special meeting of the HRA. Therefore, the Council meeting should be temporarily ad- journed for the HRA meeting and then reconvened after action is taken by the HRA. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the development agreement between the Minnesota Jockey Club, Inc., and the City of Eagan for the proposed horse racing facility. • • Administrative Agenda Information March 6, 1984 Meeting Page Two 2. Consideration of the Planned Unit Development Agrement for the Laukka/Beck P.U.D. -- The PUD agreement as it relates spcifical- ly to the PUD zoning for the Laukka/Beck PUD is in order for con- sideration at the March 6 Council meeting. The City Attorney will discuss this further at the meeting on Tuesday. ACTION TO BE CONSIDERED ON THIS ITEM: To approve'or deny the Plan- ned Development Agreement for the the Laukka/Beck PUD. DIRECTOR OF PUBLIC WORKS There are no items to be discussed under the Director of Public Works at this time. • 0 AGPSIDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL MARCH 6, 1984 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:33 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:35 - DEPARTMENT HEAD BUSINESS e•� A. Fire Department t1C. Park & Recreation Department �1 \ B. Police Department LD. Public Works Department IV. 6:55 - CONSENT ITEMS (One Motion Approves All Items) n. 4 A. Project 396, Receive Feasibility Report/Order Public Hearing (.4 (Westbury Addition -Streets & Utilities) 5 B. Project 395, Receive Feasibility Report/Order Public Hearing •• (Lexington Avenue Trunk Watermain/Booster Station) (o C.. Grading Permit Application, Westbury Addition (Gabbert Devel p - Pment, Inc. D. Tax Forfeit Property, Classification as Non -Conservation Land Q (Dakota County Auditor) E. Contractors' Licenses 14 F. Personnel Items - P• V. 7:00 - PUBLIC HEARINGS A. Project 305, Wescott Road (Trunk Watermain) ` Z B. Project 373, Alternate, Cedarvale 2nd Addition (Storm Sewer Driveways) VI. OLD BUSINESS i y 3(OA. Perry Kieffer for a Conditional Use Permit for Commercial Storage Facilities in an Agricultural Zoning District in Part of the SWk of the NE'y of Section 22, Parcel 10-02400-010-05, 3955 Dodd Road (To be continued until April 3, 1984 City Council meeting) 0 Eagan City Council Agenda • March 6, 1984 Meeting Page Two VIII. NEW BUSINESS 31 A. Joseph Hoffman for a Preliminary Plat, Sunset 5th Addition, PContaining 1 Acre and Platted into Two Single Family Lots in Part of the NEk of the NW} of Section 25, Lying South of County Road 30 (Diffley Road), North of Saddlehorn Addition and Directly West of Dodd Road P.� 6 B. Mark Parranto for a Front Setback Variance for Lot 12, Block 1, HiLlcrest Addition 9.41 C. Ratification of Local 320 Contract, Public Works Maintenance IX. ADDITIONAL ITEMS �•5 A. Contract 84-2, Receive Bids/Award Contract (Wescott. Trunk Sanitary Sewer) PSH B. Contract 84-4, Approve Plans/Authorize Advertisement for Bids (Yankee Doodle Reservoir Repainting) 5S C. Contract 84-5, Receive Bids/Award Contract (Fire Administration Parking Lot) s 7 D. Project 348, Receive Feasibility Report/Order Public Hearing Q (Coachman/Four Oaks Road — Streets) �.> �6 E. Final Plat Application, Kensington Place (Tomark Development) S9 F. Review of Proposed 1984 City Policies 8 Priorities as Prepared • by the League of Minnesota Cities X. VISITORS TO BE HEARD (For Those Persons Not On the Agenda) XI. ADJOURNMENT E • MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES • • DATE: MARCH 2, 1984 SUBJECT: AGENDA INFORMATION MEMO MARCH 6, 1984, CITY COUNCIL MEETING After approval of the February 21, 1984, regular City Council minutes and the agenda for the March 6, 1984, City Council meeting, the following items are in order for consideration: FIRE DEPARTMENT A. Fire Department -- There are no items to be discussed under Fire Department at this time. POLICE DEPARTMENT B. Police Department -- There are no items to be considered under Police Department at this time. PARKS & RECREATION DEPARTMENT C. Parks & Recreation Department -- There are no items to be considered under Parks & Recreation Department at this time. Agenda Information Packet March 6, 1984 City Council Meeting • Page Two PUBLIC WORKS DEPARTMENT D. Public Works Department --Item $1: Private Development Adminis- trative Fee Schedule -- On January 1, 1983, the City Council ap- proved a revision to the bonding requirements associated with de- velopment within the City. The present bonding requirements stipu- late that a financial guarantee must be placed with the City guaranteeing at least 608 of the cost of public improvements (streets & facilities necessary to service the proposed subdivision. This financial guarantee requirement is the same whether these pub- lic improvements are installed under City contract (guarantee for payment of assessments) or installed privately by the developer (guarantee for completion of installation). Prior to this revision, public improvements installed privately be developers were required to place a financial guarantee in the amount of 1258 of the estima- ted cost of improvements while those that were constructed under a public contract did not require any financial guarantee to insure the collection of assessments. As can be seen, this new revision has made installation of public improvements more equitable and at the developer's discretion as to whether it is performed privately or through a City contract. Subsequently, during 1983, the City noticed that approximately 45-558 of the subdivision improvements were performed privately by the developers. During 1984, it appears that this percentage will increase to approximately 60-658 for private installation. The Public Works Director is concerned about the negative impact that private development has on the City's budget situation. Those improvements performed under public contract generate 4.08 in revenue for administrative services rendered by the Engineering, Maintenance and Special Assessment Divisions for plan review/con- tract management, assessment searches/spreads and construction/final inspection, respectively. With the increasing number of develop- ments installing improvements, this additional revenue is no longer available to supplement the general fund budget to finance the per- sonnel within the various divisions of the Public Works Department which is necessary to insure compliance with City standards. How- ever, those subdivisions which improvements installed privately require varying levels of staff review and assistance by the three divisions. However, there is no revenue generated to offset these increasing costs as there are with public contracts installed im- provements. • Therefore, the Public Works Director would like to discuss with the City Council a new policy whereby those subdivisions that have • public improvements installed privately would be charged an adminis- trative fee to cover the costs of plans/spec review, construction /AR • Agenda Information Packet March 6, 1984 City Council Meeting Page Three -R review/management, financial bond calculations/review/reductions, construction/final inspections, etc. Due to the fact that there are no special assessments associated with private development of public improvements, the full 4.08 administrative fee would not be necessary. Therefore, the Public Works Director would like to suggest that a minimum fee of $1,000 be established to be paid as a condition of final plat approval and that a sliding scale starting at 1.58 for the first $100,000 and decreasing by 0.18/$100,000 to $1,000,000. All costs incurred by outside consultants, inspection services, etc., are billed directly to the City and forwarded to the developer for reimbursement. However, we presently have no means of passing on similar costs for the increasing time spent by staff personnel. The Public Works Director would like to discuss this policy in further detail with the Council so that a formal policy and fee schedule can be prepared for adoption at the next meeting. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the con- cept of administrative fee schedule for public improvements instal- led privately, and, if approved, direct the Public Works Department to prepare a formal schedule for review by the Council at a later date. • 3 Agenda Information Packet March 6, 1984 City Council Meeting Page Three -90 There are six (6) items on the agenda referred to as the Consent Agenda requiring one (1) motion by the City Council. If the City Council desires to discuss any of the items in further detail, those items should be removed from the Consent Agenda and place under Additional Items unless the discussion required is brief. PROJECT 396, FEASIBILITY REPORT A. Project 396, Receive Feasibility Report/Order Public Hearing (Westbury Addition - Streets and Utilities) -- On February 7, 1984, the City Council received a petition and subsequently ordered the preparation of the feasibility report for the installa- tion of streets and utilities to service the first phase of the Westbury Addition in the southwest corner of Wescott and Lexington Avenue. Concurrently, the Council also ordered the preparation of detailed plans and specifications due to the waiver and guarantee of costs by the applicant. This feasibility report has been completed and is now being presented to the Council for their consideration of scheduling . a public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 396 (Westbury Addition - Streets and utilities) and order the public hearing to be held at 7:00 p.m. on April 3, 1984. If Agenda Information Packet March 6, 1984 City Council Meeting • Page Four PROJECT 395, FEASIBILITY REPORT B. Project 395, Receive Feasibility Report/Order Public Hearing (Lexington Avenue - Trunk Watermain/Booster Station) -- At the February 7, 1984, Council meeting, the City Council authorized preparation of the feasibility report for the installation of a trunk watermain from Wescott Road to Diffley Road and the construction of a booster station to service the high pressure zone. This feasibility report has been completed and is being presented to the Council for their consideration of scheduling a public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 395 (Lexington Avenue - Trunk Watermain/Booster Station) and order the public hearing to be held at 7:00 p.m. on April 3, 1984. • Agenda Information March 6, 1984 City Page Seven Packet Council Meeting GRADING PERMIT APPLICATION/WESTBURY ADDITION C. Grading Permit Application - Westbury Addition (Gabbert Development) -- The staff has received an application to perform the grading operations associated with the development of the Westbury Addition first phase. All application fees, bonds, insurance certificates, and grading plans have been submitted, reviewed and approved by staff and found to be in order for consideration by the Council. The grading of the first phase will be in accordance with the preliminary plat that was approved by the Council on January 17, 1984. ACTION TO BE CONSIDERED ON THIS ITEM: To permit application for the first phase as submitted by Gabbert Development, Inc. [%� approve/deny the grading of the Westbury Addition • E Agenda Information Packet • March 6, 1984 City Council :'eeting Page Eight TAX FORFEIT PROPERTY D - Tax Forfeit Property, Classification as Non -Conservation Lands (Dakota County Auditor) -- On December 20, 1983, the County Board classified the following legal descriptions as non -conservation lands in preparation for the tax forfeiture sale that will eventually be held on these properties. They routinely request the City of Eagan to similarly review these properties to determine if there is any public need or benefit associated with this property prior to its placement on the open market for resale. These properties are described as follows: 1. Parcel #10-02700-012-25, Wilderness Run Fifth Addition (Page 2. Parcel #10-02700-012-51, Ches Mar Second Addition (Page 9 ) 3. Parcel #10-88800-106-00, Zehnder Acres (Page /Q ) City staff has reviewed the above three parcels and found that the City would have no interest in any of these parcels with the exception of Parcel #10-02700-012-51. It would be in the • City's best interest to request that this property be classified as public conservation land and transferred over to the City of Eagan as a part of our future well site/Ravine Park development. As can be seen, this tax forfeited property is a five-foot sliver of land located between the well site and the west right-of- way of Ches Mar Drive. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the classifica- tion of the tax forfeited parcels as follows: Parcel #10-02700-012-25 (Non -Conservation) Parcel #10-02700-012-51 (Conservation/Public Interest) Parcel #10-88800-106-00 (Non -Conservation) C, J and authorize the Mayor and City Clerk to execute all related documents as may be required. 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P n. cau.r...•...• r•• em Xo ua aw8, (,•nnurr HIGHWAY NO. .ar,,•.•7•;•i 32 =1 oro -77 Y7,7 City of Eagan 030-75 • 17 zE °a rt st'.�f I y o � �. o I a Jr r 3d* I 3 e S SKYLINE J r c B # v L. 2 lC v Joe/ G. !Sr Leone � 0 /3 6 Jso tY t(+ N fro it frs is r i V0 s70" 41 14 o -M a WTD 37oA-A W�AiSOq CT ' s7o 3-A AVSTI PR YOR 370 4^ C _._ 5 R• �'• n/—' 2G ---- �6Ne- OAK 2OAp n� - No �fhPi-n Nafcii-a/ CJI 1• r'•. \ Agenda Information March 6, 1984 City • Page Nine • 0 Packet Council Meeting CONTRACTORS LICENSE E. Contractors License -- The City has received Contractor License applications from 15 general contractors, 1 masonry cement contractor, and 8 heating and ventilating contractors, all of whom do work in the City of Eagan and seven -county metropoli- tan area and according to the Protective Inspections Department are considered reliable. The necessary documents and fees have been submitted and it is the recommendation of the Chief Building Inspector that the contractors licenses, per City Code Chapter 6.42, be approved. Enclosed on pages IZ through kis a copy of the contractors list. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the contractors licenses as referenced. REVISED FOR MARCH 6, 1984 CITY COUNCIL MEETING: • GENERAL CONTRACTORS: 1. BENTZEN & ASSOCIATES 2. BERG, 0. L. CONSTRUCTION 3. CLA CONSTRUCTION CO., INC. 4. CREATIVE CONSTRUCTION CO. 5. CREATIVE ENERGY HOMES INC. 6. CUSTOM WOOD DESIGN 7. GIERTSON COMPANY 8. JOHNSON, M. W. CONSTRUCTION 9. KNOLL CONSTRUCTION 10. NORTHSTAR BLDRS. OF APPLE VALLEY • 11. OLSON CONCRETE CO. INC. 12. P & M CONSTRUCTION INC 13. SONS CONSTRUCTION CO 14. WEHMHOFF CONSTRUCTION 15. DON CHRISTENSON BUILDERS MASONRY, CEMENT WORK 1. B & H FIREPLACE INSTALLERS • �a • E HEATING &'VENTILATING CONTRACTORS: 1. FARMER'S HTG. & COOLING 2. KLEVE HTG. & AIR COND. 3. MIDLAND HTG. & AIR COND. 4. MODERN HTG. & AIR COND. 5. O'KEEFE MECHANICAL INC. 6. RICH'S HTG. & AIR COND. 7. ROUSE MECHANICAL INC. 8. GEO. SEDGWICK HTG. & AIR COND. 13 Agenda Information Packet March 5, 1984 City Council Meeting ePage Ten PERSONNEL ITEMS F. Personnel Items: 1. Resignation of Public Works/Planning Department Secretary -- The Public Works Director has received a letter of resignation from Judy Chaffee -Heald who has been the de- partmental secretary for the Public Works Director and City Planner since July of 1980. The resignation becomes effective on the last day of work, March 9, 1984. Due to the fact that this position is critical to the functions of the two departments, the Public Works Director is re- questing that the resignation be accepted and authorization be given for an immediate replacement in accordance with standard City policies and procedures. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resig- natin of Judy Chaffee -Heald as Public Works/Planning de- partmental secretary and authorize advertisement for the replacement of this position. • 2. Authorization to Fill Vacancy of Special Assessment Aide Presently, the Public Works Department shares a clerk/ typist position as a special assessment aide with the Finance Department as a utility billing clerk aide. This position is presently filled by Nancy Ohm. The approved 1984 budget increased the 0.5 allocation of this position to a full time clerk/typist position to continue the as- sistance for utility billing while adding clerk/typist assistance to payroll, purchasing and general accounting functions. The Public Works Director, City Administrator and Finance Director have reviewed the situation and deter- mined that this 1984 full time position could best be ful- filled by the transferring of Nancy Ohm. Subsequently, this leaves a 0.5 position vacant for a special assessment aide to the special assessment division of the Public Works Department. Therefore, the Public Works Director is requesting authorization from the City Council to advertise for a permanent part-time (20-30) hours/week to fulfill this special assessment aide posi- tion. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the advertisement for a permanent part-time special assessment aide in accordance with present City policies and proce- dures. Agenda Information Packet • March 6, 1984 City Council Meeting Page Eleven PROJECT 305/WESCOTT ROAD A. Project 305, Wescott Road (Trunk Watermain) -- Enclosed on page /& is a memo from the Director of Public works which gives a bri�istory pertaining to the final assessments associated with Projct 305. It also outlines the proposed assessments being presented at the final assessment hearing to be held on March 6, 1984. Enclosed on page is a letter staff received from Mr. Pat McCarthy objecting to the assessments associated with the hearing to be held on March 6 as it pertains to three of the four parcels. Also enclosed on pages 17 through 2,0 is a notice of the formal appeal filed with Dakota CountyDistrict Court pertaining to the original assessments that were approved at the December 20, 1983, Council meeting. Subsequently, it is anticipated that the property owner and their attorney, Mr. Arnold Kempe, will continue their appeal process pertaining to these assessments. To insure compliance with Minnesota Statutes 429 pertaining • to special assessments, the Council authorized the hiring of an appraiser to evaluate the benefit to the properties proposed to be assessed under this Project. Forwarded to the Council under separate cover is the report from the City's appraiser, Mr. Mark Parranto, presenting his evaluation of increased benefit associated with this improvement project. Enclosed on page a \oL bis a location map showing various properties in question and their relationship to the improvements installed under Project 305. The City Attorney will advise the Council as to the proper procedure associated with this public hearing to protect the City's interests in levying the final assessments associated with this project. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify/deny the proposed final assessments for Project 305R as presented at the public hearing. If approved, authorize certification of said amounts to the County Auditor for collection. • �5 0 E E TO: ANN GOERS, SPECIAL ASSESSMENT CLERK FROM: THOMAS A. COLBERT,,DIRECTOR OF PUBLIC WORKS v DATE: FEBRUARY 24, 1984 SUBJECT: PROJECT 305, WESCOTT ROAD ASSESSMENTS (TRUNK WATER MAIN) In July of 1983, the original final assessment hearing was held for this project. Due to objections that were received at that time, I he public hearing was continued until December 20, 1983. At that time, the City Council formally approved the final assessment roll as was originally prepared. However, within the required 30 days of that final assessment hearing, the City received a notice of ap- peal pertaining to the amount of the assessments. i Subsequently, on February 7, 1984, the City Council cancelled the final assessments as levied on December 20, 1983 for Project 305 and ordered a new final assessment hearing to be held on March 6, 1984. In reviewing the original final assessment roll that was prepared in comparison to the benefits received from the adjacent properties, it was discovered that the assessments associated with lateral bene- fit from trunk water main were not properly allocated to the abut- ting property. Therefore, the following is a new cost allocation which should be used in preparing a new final assessment roll to be Presented at the final assessment hearing scheduled for March 6, 1984: PROJECT 305R WESCOTT ROAD TRUNK WATER MAIN /(0 PARCEL NUMBERS ASSESSMENT IMPROVEMENT 10-01500-011-76 10-01500-012-76 }0-02200-01(�- 1 N 10-02200-011-04 Trunk Area Water 1) Total Area 39.3 Ac 38.3 Ac 39.83 Ao 39.92 Ac 2) Less Street R -O -W -3.0 Ac -3.0 Ac 2.99 Ac NA credit 1.2 Ac 3) Less Ponding Easement -13.2 Ac -1.2 Ac 3.00 Ac Credit 4) Less 201 future R -O -W -4.6 Ac -6.8 Ac 6.77 Ac 7.74 Ac - credit 30.98 Ac 5) Net Assessable Area 18.5 Ac 27.3 Ac 27.07 Ac $700 6) Rate/Acre $700 $700 $700 $21,686.00 7) Area Assessment Amount $12,950 $19,110 :18,949.00 Lateral Benefit From Trunk Water Main 1) Assessable Footage 2,175' 1,290' 85n' NA 2) Rate/L.F. $10.90 $10.90 $13.05 NA 3) Lateral Assessment Amt_§23,707.50 $14,061.00 $11,092.50 NA $33,171 $30,041.50 (TOTAL ASSESSMENT $36,657.50 $21,686.00 /(0 0 • ReL-e%,IL I )-gi- ?` February 22, 1984 E. J. VanOverbeke City Clerk City of Eagan Pilot Knob Road and Wescott Road Eagan, Minnesota 55121 Re: Reassessment of Water Improvements to Wescott Road between Denmark and Lexington, City Improvement Project No. 305 Total Proposed Reassessment $27,032.25 ATTN: Mayor and City Council Please be advised that the Estate of Dennis McCarthy and Patrick 0. McCarthy object to the proposed reassessment of their property for the above captioned improvement. This objection shall be considered a continuing objection to the reassessment proposed for March 6, 1984, for the above captioned improvements and any continued, further or subsequent proposed assessment for said improvements to the undersigned's property. 0%' Patrick 0. McCarthy C.J G P trick 0. McCarthy as Personal,representative of the Estate of Dennis McCarthy' 17 • • STATE OF ;'INNESOTA COUNTY OF DAKOTA Patrick McCarthy, James =.McCarthy, Thomas (McCarthy, Appellants, DISTRICT COURT FIRST JUDICIAL DISTRICT �sv pcu-t ('r' VS. NOTICE OF APPEAL City of Eagan, UNDER MINN. STAT. 429.081 FROM , Respondent. ASSESSMENTS ADOPTED ON DECEMBER 20, 1983. ------------------------------ TO CITY OF EACAN, A MUNICIPAL. CORPORATION and to Mr. Nick Vujovich, Clerk of the above named Court PLEASE TAKE NOTICE, that the above appellants as owners of the property parcels hereinafter identified hereby appeal to the District Court of Dakota County, Minnesota with respect to the assessment of $45,4"11.00 adopted by the City of Eagan City Council on the 20th day of December, 1983, against the parcel of property described as 10-01500-010-76 for alleged improvements installed under City of Eagan Project Number 258-. 3 0.�_ That said Appellants do hereby further appeal to the District Court in and for said County from and with resepct to the assess- ment of $27,032.25 adopted by the City Council of the City of Eagan on the 20th day of December, 1983, against the property described as parcel number 10-02200-011-04 for alleged improvements of the City of Eagan described as City of Eagan Project Number 350. 30s'- The 0S The reasons and grounds for the aforesaid appellants' appeals including among others 1. That the assessment constitutes a violation of and is contrary to (a) the due process and equal protection clauses of the United States Constitution, Amendment XIV, (b) Section 7 of Article I V w and Section 1 of Article IX of the Constitution of the State of Minnesota, and '(c) Minnesota Statute 429; that said assessment is unlawful and unconstitutional. 2. That said assessment is unfair, unjust, arbitrary, capricious and contrary to law. 3. That the procedures used in determining, and adopting said assessment were contrary to law. 4. That the notices required by Minnesota Statute 429 for improvement hearings and a3sessment hearings were not given in i accordance with the applicable statutes and the assessments are therefore unlawful. 5. That the criteria used to determine said assessment was not proper for the imposition of a special assessment and as a result •thereof said assessment deprives the appellants of their property i j without due process of law, contrary to the Fourteenth Amendment of the United States Constitution and Article I, Section 'l, of the i Constitution of the State of Minnesota. ,i 6. That Appellants' property has not been benefitted in any I 30.� way by the alleged improvements constituting Project No. 3�0 and i as a result thereof the aforesaid assessment stemming from Project 3C5 No. 35,f1 is an unconstitutional deprivation and taking of private property without due process of law. 7. That Appellants' property has received no special benefit from the alleged improvements; that the fair market value of Appellants'' property has not increased as a result of the alleged i improvements. i I Cl • DATED this 19th day of January, 1984. KEMPE & MURPHY By: Arno d E. Kempe Attorneys for Appellants One Signal Hills West Saint Paul, Minnesota 55118 (612) 457-5585 ZO 0 WESCOTT ROAD WATERMAIN PROJECT No. 305 9 • 200' I /0—p,z,t00-0/0-0/ ( WEsr/+,u2y AOO) Agenda Information Packet • March 6, 1984 City Council Meeting Page Twelve PROJECT 373 -ALT, CEDARVALE 2ND ADDITION B. Project 373 -Alt., Cedarvale 2nd Addition (Storm Sewer and Driveways -- On January 17, the public hearing was held for Project 373 which discussed various alternates for the elimination of the service drive to old Trunk Highway 13 (Cedarvale Boulevard) adjacent to Rax, Perkins, Country Club Market and Minnesota Federal Savings and Loan. At that meeting, with the various alternatives being discussed and no clear concensus from the affected property owners, the staff was directed to review potential other alternates and to meet with the affected property owners to try and arrive at an acceptable alternate. On February 10, the staff held a special meeting with all potentially affected property owners which resulted in a scaled-down project which has been reviewed and discussed in a revision to the original feasibility report, which is now being forwarded to the Council designated Project 373 -Alternate. This report is contained on pages 'X3 through -_21,5 for the Council's review and reference during the pu5fic hearingwhich was scheduled for March 6. All notices have been sent to all potentially affected property owners along with a copy of the feasibility report for their • review and comment. As of this date, the staff has not received any objections to this revision as presented in this alternate report. The Consulting Engineer and Public works Director will be available to discuss the details associated with this project during the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: Close public hearing and approve/modify/deny Project 373 -Alt. (Cedarvale 1st and 2nd Addition - Storm Sewer and Driveways) and, if approved, authorize the preparation of detailed plans and specifications. • %"L- 0 µ�REFUR T on CEDERVALE 2nd ADDITION STORM SEWER, DRIVEWAY & BOULEVARD. IMPROVEMENTS PROJECT NO.373 - ALTERNATE 0 FOR EAGAN, MINNESOTA Hw FILE NO.49278 Bored war Roseomf 4ac&4" a 4 m, Am e*w&d'4r9 c • a Pawl, m"ft"o& a3 E E 0 4"Je'%. h & 4 4, 9,w. #VA."36 Pa.4 M •_ 55113 .612.636-4600 February 20, 1984 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55121 Re: Cedarvale 2nd Addition Storm Sewer and Street Project 373 - Alternate Our File No. 49278 Dear Mayor and Council: Improvements Gk. R. Caok. P.E. Keith A. Gorden, P.E 7h. E. Hogs. P.E Rkhard W. F=ff. P.E. Radn G. Sehamrhl P.E. Marvin L. Sw . P.E. Gorvtd C. Borrysdt. P.E. Jerry A. Bo M. P.E. Mark A. Hmvan. P.E. Ted K. F.W, P.E MirhaH T. R. .. P.E. Rader R. P/r//rrk. P.E. Bbvd Lorkma. P.E. Charly A. Erick. ! M. Pa.ekk7 Ha M. Oban Transmitted herewith is our report for Cedarvale 2nd Addition, Project 373 - Alternate. This report presents an alternate improvement project from that presented at the public hearing on January 17, 1984. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, 80NESTR00, ROSENE, AN RLIK 6 ASSOCIATES, INC. YMarA:"Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minn sora. Mark A. Hanson Date: February 20, 1984 Reg. No. 14260 Approved by: i omas A. Colbert, P.E. Director of Public Works 9402b Date: .2 - '� 3 J a4 Ono G, Boa .. P.E. G Roan W. Raver. P.E _ /avrM C. Andr fik. P.E Bradj"A. lrmarrk. P.E. Knhard 1'. T.mn, P.E. Jam. C. Oban. P.6 Gk. R. Caok. P.E. Keith A. Gorden, P.E 7h. E. Hogs. P.E Rkhard W. F=ff. P.E. Radn G. Sehamrhl P.E. Marvin L. Sw . P.E. Gorvtd C. Borrysdt. P.E. Jerry A. Bo M. P.E. Mark A. Hmvan. P.E. Ted K. F.W, P.E MirhaH T. R. .. P.E. Rader R. P/r//rrk. P.E. Bbvd Lorkma. P.E. Charly A. Erick. ! M. Pa.ekk7 Ha M. Oban Transmitted herewith is our report for Cedarvale 2nd Addition, Project 373 - Alternate. This report presents an alternate improvement project from that presented at the public hearing on January 17, 1984. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, 80NESTR00, ROSENE, AN RLIK 6 ASSOCIATES, INC. YMarA:"Hanson MAH:li I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minn sora. Mark A. Hanson Date: February 20, 1984 Reg. No. 14260 Approved by: i omas A. Colbert, P.E. Director of Public Works 9402b Date: .2 - '� 3 J a4 SCOPE: This project provides for the construction of storm sewer with related • driveway and boulevard improvements within and adjacent to Cedarvale 2nd Addi- tion. This report is the result of various meetings with the affected proper- ty owners to review the proposed improvement project presented at the public hearing on January 17, 1984 and to determine the extent of improvements neces- sary to meet the needs of each business and the City of Eagan. Therefore, this report, Project No. 373 -Alternate, presents an improvement project which best addresses the needs of each business and the City. Estimated costs and a preliminary assessment roll are included at the back of this report. CHANGES TO ORIGINAL FEASIBILITY REPORT: It is proposed as part of this alternate report that the private service drive located westerly of Country Club Market remain as a private service drive and be maintained by the adjacent property owners. It is also proposed to maintain the private service drive between Mister Donut and Home Juice Co. • No storm sewer laterals will be constructed under this report to service the parking lots of Country Club Market (Parcel #050-04) or Cedarvale Lanes (Lot 1, Block 1 Cedarvale 2nd Addition). FEASIBILITY AND RECOMMENDATIONS: The project is feasible from an engineering standpoint and is in accordance with the Master Utility and Street Plan for the City of Eagan. The project as outlined herein can best be carried out as one contract. DISCUSSION: A. Storm Sewer - Storm sewer proposed herein includes storm sewer within the existing drainage ditch along the south side of Cedarvale Boulevard as previ- ously recommended. However, it is proposed at this time to extend the storm sewer westerly to the existing culverts at Rahn Road and easterly to the ex- isting culvert beneath the driveway entrance to Home Juice Co. • Page 1. 9402b A5' • Catch basin inlet structures are required for each of the private drives onto Cedarvale Boulevard. Also included is a short extension of storm sewer to the private drive located between Rax Restaurant and Country Club Market. B. Driveway and Boulevard - Driveway and boulevard improvements are separated into two parts. Part I provides for improvements to Rax and Perkins Restau- rant, and Minnesota Federal. These. improvements include removal of the pri- vate service drive and extending each drive to Cedarvale Boulevard as shown on the attached drawing. Grading of the boulevard area and sodding is required due to removal of the existing service drive and construction of storm sewer. It is also proposed to construct an 1-1/2" thick bituminous overlay on the ex- isting service drive located southerly of Minnesota Federal which will remain in service and become their main entrance. • Part II provides for boulevard improvements for Country Club due to storm sewer construction. Also included is construction of concrete curb and gutter and bituminous mixture for patching adjacent to the new catch basin inlet structure located at the northerly end of the private service drive between Rax Restaurant and Country Club Market. AREA TO BE INCLUDED: ASSESSMENT AREA NE 1/4 Section 19 Parcel 050-04 - Country Club Market CEDARVALE 2ND ADDITION Lot 2, Block 1 - Rax Restaurant Lot 3, Block 1 - Perkins Restaurant Lot 4, Block 1 - Minnesota Federal • Outlot D - Minnesota Federal Page 2. 9402b 26 • COST ESTIMATE: Detailed cost estimates are presented in Appendix A located at the back of this report. A summary of these costs are as follows: A. Storm Sewer B. Driveway and boulevard $ 42,130 a. Rax and Perkins Restaurant and Minnesota Federal 53,530 b. Country Club Market 8.920 TOTAL ........................ $104,580 The total estimated project cost is $104,580 which includes contingencies and all related overhead. Overhead costs are estimated at 27% and include legal, engineering, administration and bond interest. Assessments are proposed to be levied against the benefited property. A preliminary assessment roll is included at the back of this re- sewer. Therefore, all costs associated with storm sewer will be assessed to the benefited property on a front foot basis as shown on the attached draw- ing. Trunk area storm sewer for this area has not been assessed and is not proposed to be assessed as part of this project. It is assumed trunk area storm sewer for this area will be assessed at the time trunk storm sewer fa- cilities further down stream are constructed. B) DRIVEWAY AND BOULEVARD: a) Rax and Perkins Restaurant and Minnesota Federal - All costs associated with driveway and boulevard improvements to Rax and Perkins Restaurant and Minnesota Federal are proposed to be assessed equally between the three busi- nesses. Included as part of this work is grading and filling of the open • ditch. Page 3. 9402b 2-7 port. All costs presented herein will be revised based on final costs. • A) STORM SEWER: All storm sewer construction proposed herein is lateral storm sewer. Therefore, all costs associated with storm sewer will be assessed to the benefited property on a front foot basis as shown on the attached draw- ing. Trunk area storm sewer for this area has not been assessed and is not proposed to be assessed as part of this project. It is assumed trunk area storm sewer for this area will be assessed at the time trunk storm sewer fa- cilities further down stream are constructed. B) DRIVEWAY AND BOULEVARD: a) Rax and Perkins Restaurant and Minnesota Federal - All costs associated with driveway and boulevard improvements to Rax and Perkins Restaurant and Minnesota Federal are proposed to be assessed equally between the three busi- nesses. Included as part of this work is grading and filling of the open • ditch. Page 3. 9402b 2-7 • b) Country Club Market - All costs associated with boulevard improvements and restoration of the private service drive due to storm sewer construction loca- ted directly northwest of Country Club are proposed to be assessed entirely to Country Club. REVENUE SOURCES: Revenue sources to cover the cost of this project are as follows: STORM SEWER Project Cost Revenue Balance Lateral $42,130 Lateral Assessment4$ 2,130 $42,130. $42,130 - 0 - DRIVEWAY AND BOULEVARD a) Rax and Perkins Restaurant and Minnesota Federal • Lateral $53,530 Lateral Assessment5$ 3,530 $53,530 $53,530 - 0 - b) Country Club Market Lateral $ 8,920 Lateral Assessment $ 8,920 $ 8,920 $ 8,920 - 0 - TOTAL.............................................. - 0 There is no obligates from the City Trunk Funds for this project. E Page 4. 9402b -;V�, • PROJECT SCHEDULE Present Feasibility Report L C, I Public Hearing Approve Plans and Specifications Open Bids Award Contract Construction Completion Assessment Hearing First Payment Due with Real Estate Taxes Page 5. 9402b 1 December 6, 1983 March 6, 1984 Feb./Mar., 1984 Mar./Apr., 1984 Apr./May, 1984 August, 1984 September, 1984 May, 1985 • APPENDIX A COST ESTIMATE CEDARVALE 2ND ADDITION STORM SEWER AND DRIVEWAY AND BOULEVARD IMPROVEMENTS PROJECT 373 — ALTERNATE A. STORM SEWER 690 Lin.ft. 24" RCP storm sewer in pl. @ $30.00/lin.ft. $ 20,700 40 Lin.ft. 18" RCP storm sewer in pl. @ $26.00/lin.ft. 1,040 20 Lin.ft. 24" CMP storm sewer in pl. @ $20.00/lin.ft. 400 2 Each Std. 4' dia. MH w/cstg. @ $1,000.00/each 2,000 6 Each Std. CBMH w/cstg. @ $900.00/each 5,400 1 Each Std. CB w/cstg. @ $800.00/each 800 50 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 500 750 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 750 Total $ 31,590 • +5X Contingencies 1,580 $ 33,170 +27% Legal, Engrng., Admin..& Bond Interest 8,960 TOTAL ........................................... $ 42,130 • Page 6. 9402b 30 • B. DRIVEWAY AND BOULEVARD a) Rax and Perkins Restaurant and Minnesota Federal 600 Lin.ft. Remove existing concrete curb @ $1.00/lin.ft. 2,220 Sq.yds. Remove bituminous pavement @ $2.00/sq.yd. 3,000 Cu.yds. Common excavation @ $2.00/cu.yd. 2 Each Relocate existing hydrant @ $500.00/each 500 Ton Class 5, aggregate base @ $1.00/ton 1,180 Lin.ft. B612 concrete curb and gutter @ $5.00/lin.ft. 120 Ton Bituminous base course @ $12.00/ton 200 Ton Bituminous wear course @ $12.00/ton 18 Ton Bituminous material for mixture @ $210.00/ton 80 Gals. Bituminous material for tack coat @ $1.50/gal. 5,550 Sq.yda. Sod with topsoil and mulch @ $2.00/sq.yd. Total +5% Contingencies n U • +27% Legal, Engrng., Admin. b Bond Interest TOTAL ........................................... b) Country Club 1,000 Cu.yds. Common borrow @ $3.00/cu.yd. 60 Lin.ft. 8612 concrete curb and gutter @ $5.00/lin.ft. 30 Sq.yds. Bituminous mixture for patch @ $10.00/sq.yd. 1,540 Sq.yds. Sod with topsoil @ $2.00/sq.yd. Total +5% Contingencies 9402b +27% Legal, Engrng., Admin. b Bond Interest TOTAL ............................................ A. STORM SEWER $ 600 4,400 6,000 1,000 3,500 5,900 1,440 2,400 3,780 120 11,000 $40,140 2,010 $42,150 11.380 $53,530 $ 3,000 300 300 3,080 $ 6,680 340 $ 7,020 1,900 $ 8,920 $42,130 B. DRIVEWAY AND BOULEVARD a) Rax and Perkins Restaurant 6 Minnesota Federal $53,530 b) Country Club 8,920 TOTAL ............................................ $104,580 Page 7. 31 APPENDIX B • PRELIMINARY ASSESSMENT ROLL CEDARVALE 2ND ADDITION STORM SEWER AND DRIVEWAY AND BOULEVARD IMPROVEMENTS PROJECT 373 - ALTERNATE • f:�3l�Pl:�Yx."18:1 Assessable Total Parcel Description Footage Rate/FF Assessment NE 1/4 SECTION 19 050-04 Country Club 150 $59.38 $ 8,907 CEDARVALE 2ND ADDITION Lot 2, Block 1 Rax Restaurant 209.49 $59.38 12,440 Lot 3, Block 1 Perkins Restaurant 200.00 $59.38 11,876 Lot 4, Block 1 Minnesota Federal 109.99 $59.38 6,532 Outlot D, Minnesota Federal 40.00 $59.38 2,375 709.48 $42,130 B. DRIVEWAY AND BOULEVARD a) Rax and Perkins Restaurant and Minnesota Federal Total Parcel Description Unit Rate Assessment NE 1/4 SECTION 19 CEDARVALE 2ND ADDITION Lot 2, Block 1 Rax Restaurant 1 $17,843 Lot 3, Block 1 Perkins Restaurant 1 17,843 Lot 4, Block 1 Minnesota Federal 0.5 8,922 Outlot D, Minnesota Federal 0_5 8,922 TOTAL ............... 3 $53,530 b) Country Club Market NE 1/4 SECTION 19 050-04 Country Club 1 $ 8,920 Page 8. 9402b 311, • E SUMMARY PRELIMINARY ASSESSMENT ROLL NE 1/4 SECTION 19 $12,440 $17,843 $ 30,283 Lot 3, Block 1 Perkins Restaurant Storm Driveway and Total Parcel Description Sewer Boulevard Assessment 050-04 Country Club $ 8,907 $ 8,920 $ 17,827 CEDARVALE 2ND ADDITION Lot 2, Block 1 Rax Restaurant $12,440 $17,843 $ 30,283 Lot 3, Block 1 Perkins Restaurant 11,876 17,843 29,719 Lot 4, Block 1 Minnesota Federal 6,532 8,922 15,454 Outlot D Minnesota Federal 2,375 8,922 11,297 TOTAL ................ $42,13U $62,450 $104,580 Page 9. 9402b , , STORM SEWER IMPROVEMENTS ....... ...... �T ITY PROJ.- NO.373 ALTERNATE --EAGAN, MINNESOTA. / SCALE, x•.,00' 0,9 HOME ry JUICE CO. VACANT 020 - 04 CQUNTRY CLUB_ "—tdARKET � 1 050-04 d (I .; rnvrvozv ai r;wriK N RAX CEOARVALE co_ n LANES P � o 70 - b�`=—z���llllll!IIII!III!la � PERKINS =3 CMINN. FEDER n � 4 3q" -----1 O LOT RAHN ROAD DRIVEWAY & BLVD. IMPROVEMENTS �okik/ T ITY PROJ. NO.373 ALTERNATE EAGAN, MINNESOTA , 4C'SSCALE: I"= 100 *o 1 : of HOME Y o JUICE CO. VACANT , 020-04 y Sol 1 � E10 COUNTRY CLUB MARKET 050-04 ' v RAX CEDARVALE c - LANES 2 � PERKINS 3_ �p fi1�1 l III I l l l l l l l l l l l h �P Illllllillllllllilllla • - •� IIIIIIIIIIIIIIIIIIII{' EEDER 4 35- UTEDi'D! RAHN ROAD • • • Agenda Information Packet March 6, 1984 City Council Meeting Page Thirteen PERRY KIEFFER/COMMERCIAL STORAGE A. Perry Kieffer for a Conditional Use Permit for Commercial Storage Facilities in an Agricultural Zoning District -- This item appeared on the February 21 City Council agenda, however, due to the absence of Mr. Kieffer at the meeting, consideration of the Planning Commission recommendation and further discussion of Mr. Kieffer's application was continued until the March 6 meeting. Mr. Kieffer has a responsible position with the local Shriners and due to their activities with the circus and other related functions, it will not be possible for him to be in attendance at a City Council meeting until April 3, 1984. There- fore, it is recommended that this item be continued until the April 3, 1984, City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To use permit application for commercial requested by Mr. Kieffer until the April meeting. 36 continue the conditional storage facilities as 3, 1984, City Council Agenda Information Packet March 6, 1984 City Council Meeting • Page Fourteen PRELIMINARY PLAT/SUNSET 5TH ADDITION A. Joseph Hoffman for a Preliminary Plat, Sunset 5th Addition, Containing 1 Acre and Platted into Two Single -Family Lots -- A public hearing was held at the January 24 Advisory Planning Commission meeting to consider an application for a preliminary plat submitted by Joseph Hoffman to plat the Sunset 5th Addition containing 1 acre into two single-family lots. The item was continued from the January meeting to the February 28 APC meeting for the purpose of requiring additional information regarding access to the property from the west. The City staff did contact the applicant and work with Mr. Jim Curry who has sold the property immediately north of Sunset 5th Addition for a future church site. It was the staff's understanding that there is a 60 -foot road easement on this particular property and that once the area develops, the road easement will be platted for public access. The Advisory Planning Commission is recommending approval of the preliminary plat to the City Council. For additional information on this item, refer to the City Planner's report; a copy is enclosed on pages 'Sq through 4S- For a copy of the minutes of the Advisory Planning Commission meeting; refer to the Administrative Agenda on Monday. ACTION TO BE CONSIDERED ON THIS ITEM: preliminary plat of Sunset 5th Addition. 37 To approve or deny the • • T • CITY OF EAGAN SUBJECT: PRELIMINARY PLAT - SUNSET 5TH ADDITION APPLICANT: JOSEPH HOFFMAN LOCATION: PART OF THE NE; OF THE NA OF SECTION 25 EXISTING ZONING: R -II (MIXED RESIDENTIAL) IN THE LEXINGTON SOUTH PLANNED.DEVELOPMENT DATE OF PUBLIC HEARING: JANUARY 24, 1984 DATE OF REPORT: JANUARY 19, 1984 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting preliminary plat approval, Sunset 5th Addition, consisting of approx- imately 1 acre and containing two single family lots located in part of the NE; of the NWk of Section 25 lying south of County Road (Diff - ley Road) north of Saddlehorn Addition and directly west of Dodd Road. ZONING AND LAND USE • Presently, the parcel is within the Lexington South Planned Develop- ment and is zoned in accordance with the planned development and is designated R -II (Mixed Residential) with a density of 3-6 dwelling units per acre. The Comprehensive Guide Plan designates this parcel as R -I (Residen- tial Single District) with a density of 0-3 dwelling units per acre. The applicant is fulfilling this requirement by subdividing a one acre lot into two lots where the square footage would exceed the R-1 zon- ing criteria and the density would be within the 0-3 dwelling units per acre. COMMENTS The preliminary plat meets all of the criteria set forth in Section 11 and 13 of the State Code for lot size requirements in an R-1 Dis- trict. The proposed plat is small and each of the lots within the plat would contain 21,840 square feet. The applicant was not aware of what the exact right-of-way dedication should be for Dodd Road, and even including the dedication, the two lots proposed would far exceed the R-1 zoning standards. In review of this plat, normally there should be a concern in regard to direct access on a proposed collector road. However, in review of this particular plat, the lots directly south in Saddlehorn Addi- tion all take direct access onto Dodd Road. Therefore, restricting this particular plat from taking direct access wouldn't be consistent with what has happened in the past along Dodd Road. CITY OF EAGAN PRELIMINARY PLAT - SUNSET 5TH ADDITION JANUARY 24, 1984 PAGE TWO If the plat is approved, it should be subject to the following condi- tions: 1) The preliminary plat shall meet all of the R-1 criteria for lot size and width. 2) Adequate rights-of-way shall be dedicated for Dodd Road as requested by City staff. 3) All other City ordinances shall be adhered to. DCR/jach ENGINEERING RECOMMENDATIONS - SUNSET 5TH ADDITION 4) Water/Sewer connection permits and roadway excavation permits must be acquired. 5) One access, centered over this parcel, shall be granted on Dodd Road and turnarounds shall be provided for each lot. • 6) A minimum 40' half right-of-way shall be dedicated for Dodd • Road. 7) Utility and drainage easements shall be dedicated in accor- dance with recommendations of this report. 8) This development shall be responsible for trunk area storm sewer assessments at the rate in effect at the time of final plat approval. 9)• All costs for servicing each lot with sewer and water and driveway construction shall be the sole responsibility of this development. RMH/jach E 3c- • MEMO TO: THE ADVISORY PLANNING COMMISSION, C/O DALE C. RUNKLE, CITY PLANNER°,•,:.....• FROM: RICHARD M. HEFTI, ASSISTANT CITY ENGINEER DATE: JANUARY 16, 1984 SUBJECT: SUNSET 5TH ADDITION PRELIMINARY PLAT The Engineering Division of the Department of Public Works has the following comments regarding this proposed development to be con- sidered by the Advisory Planning Commission and City Council. DRAINAGE/TOPOGRAPHY This proposed development poses no problems with future drainage or grading due to its location and size. UTILITIES Utilities of sufficient depth, capacity and size exist within Dodd Road to provide individual services to each lot. However, the neces- sary permits for connection and roadway excavation must be•acquired. STREETS ® Existing streets providing potential access to this proposed develop- ment consist of Dodd Road which borders this proposed development along the east side. Dodd Road is a planned City collector street but exists as a residential street in width in the interim. Subse- quently, it is City policy that access to City collector streets be limited to provide traffic capacity and safety required for the col- lector street designation. Subsequently, staff would recommend again- st allowing access along Dodd Road as proposed. Access could better be suited off of an internal east -west street which could border the north boundary of this proposed development. Not only would this be more desirable for this proposed development but would also open up better access to Parcels 021-26 and 022-26. As it stands now, Parcel 021-26 would be extremely difficult to develop and provide access to the easterly portion of it. Therefore, staff would.recommend•the ow- ner of this property to submit a sketch of proposed uses for this de- yelopment so that a logical plan could be followed in developing this corner, southwest of County Road 30 and Dodd Road. However, if this preliminary plat is approved, staff would recommend that only one access be allowed on Dodd Road and be centered over this parcel. Also, it should be a requirement that turnarounds be provid- ed for each lot so that the vehicles do not have to back out to gain access to Dodd Road. • RIGHT-OF-WAY/EASEMENTS If this preliminary plat is approved, then a 40' half right-of-way shall be dedicated for Dodd Road. This is the minimum half 29 ENGINEERING REPORT SUNSET 5TH ADDITION PRELIMINARY PLAT JANUARY 16, 1984 • PAGE TWO right-of-way required for City collector streets. In addition, a 10' utility easement shall be dedicated adjacent to all publicly dedicated right-of-way along with a 5' drainage and util- ity easement being dedicated along all lot lines. ASSESSMENTS All trunk related assessments have been levied over this parcel (012- 26) with the exception of trunk area storm sewer. Subsequently, this area shall -be -responsible for its trunk area storm sewer assessment at the rate in effect at the time of final plat approval. At this time, it would amount to $2,276.00 (42,218 square feet X $0.0539 per square foot). All costs for servicing each lot with sewer and water and driveway construction shall be the sole responsibility of this development. I will be available to discuss any aspect of this report with the Ad- visory -Planning Commission at their meeting on January 24, 1984. Respectfully submitted, Richard M. Hefti, P.E. Assistant City Engineer RMH/jack hl E .•. *so-so lu 0 040-a• 1 a ,10 a W ¢ 020.28 030.25 010-31 '`COUNTYie"a'`0.1 "TATE AID a HIGHWAY NO. I 022 6 : C ti oaoaa 6 rF 021-26 MOM** n •::; 4�:!i* CD HORN ADD � �•�,,- i .. oust ., oae.e� � q D o 0 c cr DRIVE " - j HACKMORE DRIVE _ 1 a ,10 a W ¢ 020.28 030.25 010-31 E PRELIMINARY PLAT: SUNSET 5TH.. ADD. UNVLATTED 700 r e s -2 e IS 0: \ oo e e o w \ e 1 640, / 91 °e 1t00 / ab �tb s10 (tti 014 100, SCALE 1.1600-A0 feet fICINITT NAP 6 • , 6tJA r•� � 1 I' SEC.". TIT. R.tt $'ITE DATA LEGAL DESCRIPTION MI/1161111/Ee111111/6 111C.18 AREA 16ere,.s.6006a.11.. 20111110 N-1 I l 1 l i RB w V � - r Q. l n fP ,�...•- Ind PLANNED DEVELOPMENT _�! � _ �. ... - ii%�� •��;� :,, „ RI:: _ _ ... Ind. • - - ll 04 .. �, Fgo `Ind. RI _s, - I ) - in..v ,:.-_—Ind. RSD, ��y ..�,.`rLm - 1 Nbr� GOLF v,.. P i ,r R -II -.,� S3 R-11 p � - n •:ALLEY r� 4 -.PoSEUGUHr - I 1-7 :'K �. t )F i 'F ' iA A yl .W . I . cry' PD Q, 74-I ii I A KWOTODGH GH A SUBJECT PA CE i I� r6 AJ C H. !t 30 AUDITOR'S SUED. NO. 42 C+1�1� ' • s, ■ 1 t =' /��l � F ��� - - F OVERF +I V J yJ .. �I : ?tea? vst 'i �{;i-�'v%>•:i � %L0.. .I L E • Agenda Information March 6, 1984 City Page Fifteen Packet Council Meeting FRONT SETBACK VARIANCE/LOT 12, BLOCK 1, HILLCREST ADDITION B. Mark Parranto for a Front Setback Variance for Lot 12, Block 1, Hillcrest Addition -- The City Planner received an application from Mr. Mark Parranto requesting a front setback variance for Lot 12, Block 1, Hillcrest Addition. For additional information on this item, refer to the City Planner's report; a copy is enclosed on pages through ACTION TO BE CONSIDERED ON, THIS ITEM: To approve or deny the variance request as submitted for a front setback on Lot 12, Block 1, Hillcrest Addition. SPECIAL NOTE: The City Planner's report will be enclosed with the Administrative Packet on Monday. Do- • CITY OF EAGAN SUBJECT: VARIANCE APPLICANT: J.E.PARRANTO, MARK PARRANTO LOCATION: LOT 12, BLOCK 1, HILLCREST ADDITION EXISTING ZONING: R-1 (RESIDENTIAL - SINGLE DISTRICT) DATE OF PUBLIC HEARING: MARCH 6, 1984 DATE OF REPORT: MARCH 5, 1984 REPORTED BY: DALE C. RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting a 10 -foot root set ack variance for Lot 12, Block 1, Hillcrest Addition, Section 33. COMMENTS Lot 12, Block 1, Hillcrest Addition is one of the two most southerly lots platted in this addition. Originally the street plan pro- posed for this plat was a through street providing access to the property to the south. However, in the planning process it was determined that this through street was not needed and the City directed the applicant to provide a cul de sac for this street on the southerly end of Richard Lane. With the cul de sac now being constructed, Lots 11 and 12 have somewhat different lot configurations than what would have been approved A with a through street. As you can see, Lot 12 has a depth going east -west of approximately 300 feet and should have adequate room to put a home on this particular lot. Access is now obtained through the cul de sac. The front to back depth of the lot is approximately 72 feet and siting the house on this particular lot from this access is difficult in accordance with the setbacks required. Also the topography breaks and drops off on this particular lot also making the home at a lower elevation the further south you would require the house to be p aced. Therefore, the additional 10 feet would make the house not as low from, the street as if it would be required to be put at the regular 30 -foot setback distance. Therefore, with.the irregular configura- tion and access of this lot, the topography warrants the review of the Council for this 10 -foot front setback variance. The applicant has also indicated to City staff that he would like the Council to review a blanket variance situation on all of the lots in Hillcrest Addition. As you review the lots on • the west side of Richard Lane, the topography drops off substantial- ly from east to west. Therefore, each additional foot the developer • CITY OF EAGAN J.E.PARRANTO, MARK PARRANTO - VARIANCE MARCH 6, 1984 PAGE TWO can save in locating a home to the west, the less fill he will have to provide for that lot. Therefore, would the Council consider a blanket variance on this addition because of the topography or would the Council prefer to consider each individual variance when an application is submitted? This should be discussed by the Council so staff can have direction as to how to proceed with this proposed development. If the variance which has been submitted and placed on the March 6, 1984, City Council agenda is approved, it should be subject to the following conditions: 1) All other setback requirements and City ordinance require- ments shall be adhered to. DCR/kf FJ • 0 -- 10;?. ?o — IDrainage and utility easements S1 I I 0 Scale: 1 inch - 30 flet i I 'J7 "t — Z99.0 — 5890-�-z "5-1 "W 0 I hereby certify that this In a true and correct representation of Lot 12, Block 1, HILICREST ADDITION, Dakota County, Minnesota. Also showing the location of a proposed house and garage not staked thereon. February 29, 1984 1 � �m _ _ m•y 1 = J ..r ir --------- :8 Ig 1 25 g 98 I • n Ig ___gi lV I I Ci rm 24 N m 17 ,? L I e• 1I N8 ' , rl •• �____16000 N1m 23 � m, L L J m 1 --- e r "l = W i8 22 -- gl m m! I u- 66 6 I 68 � _____, Gael .4 .�e8 N004N 33 W A, `a` I, f , Ib 21 �' `` •- EAST __- 728.00-- TTT��,�% r-r.__180______.l ^-7000 7(1.00 •,! 9i99 , Cf I 8900 1 i 91.00 - r- _. r J30J2_-_ge=, ma L'.� g! I V ml 3 2'� , S.E. 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P _19- -%660 \ N,\" ,per L --eox'S0 W p\I • r'' %, e' \S, 6 'vp'1,1$ m" 1 r1 , ', 1 574 O, • r\- V,1%P �1`t<"10632 _r'�1109.00 _� L 70.00 ?0.00 - 17 0\= ro ', zo¢ I S89052'81°W 358.11 loo \ I ,L-0,�'S96w X11\ ,\p 1 f,N �„oE JJy��?.\ • I �g760QOOn"W $ g\ ,`-i .\g, o5 qq $I 9. 15 •254.251-- "- _ - m\ 2 "$ 1 ' , '( 399.00 - M579 14 10 81 Z I 19420_ ..�/':•, \ WW n •T. �• ` _ - _ -vl 0 0 N :.:1-, F� '- :.i{LS.OT 5e I N S83%7 51 4�0 2 o• 8•2fr 88' . i li r • 11929 Ig I3 N�La 590T._j q sA's . -.1 m B3°zib9"E CCL o se9045'07"E� Co d S.W.41 12 N'+1 WpIE4n XYI9YIY Frs'51 RA0i114n I� r __-� \- -_--_--299,00 O�_ -140 -D0 _ _J �:-- 909°92'31"M 114 359.11 - V"515.00-�� M09°5251"E $89052'514W 439.00 9E. Cer. el EI/2 Sage Line of Wtml A, WALDEN NEIONTS FIRST ADDITION of34e 33 (Oak. Co. C.LM.i • 9eule Liv of EI/Y of N. E.1/a ' 9•e. 33, T•p. 27, Rp4.23 4\\'G ^ I I I •1 1 1 1 t l\ 1 1 F `♦`` \\ IjII'�'"'1'I' .ry{ II 1! t 1 t , 111 `\ '♦ O 11 1 1 1 1 `1 \ , ', I � ,1 � 11 1' 1 `I \ 1 � I •• a I 1 `�' , 1 � 111 11 t 1'1 I I I I, I' I I P111 1 , oop- � � ' I � I `, ,•, I,' '' I illi 11 1 Q \1\i }� 11 /.1 1 1 r I ' , 11 1 •1\ 1 I ' � 1 i,l l �\ 11\1•, Ilr/�I / i 1/ i 11 r 1 1 \ I' t I)/ 1 1'i \. \ M 11 1 tit 1 \\11 \ , 1 '• n l \111j II II 1111 \\\\1 111\11 ' , '1 1 I 1' 1\ '•`\`\ I ! 1 11 I 11 111 `, All} IF it 1, I III $`1�1 Jill 1,11 1! it 1 to111 1 \ ♦ , \ ♦ \ '. , ! „r �`, 1\1111 l t 1111 II i11 1 - \ ` \I 1., \\ \\ \\ \\ ♦ \ JS- t;; tit, \I\1 1 11 1 l 1 1 I 1 t I \ \ .\ 1 ` \ \ \` \ It >•', 111 'I't,l `AI '1\, 1r1 111 I \ \`1 \ \ \' 1 •♦ \ \` `\ Irl i I ltl 11 t,I '1 111 '111 1 1 �\ \\ \ 1 \ 1 \ . ��\ ♦\.1i. • Irli if l� 1�1 11 t1 II111, 1 \- \ \ . 1`.♦ \ ♦�` \\ \\\ iI X1/11 '/ '1 ' 11 t 11 ` \ \ `\ ♦ \`` I 0 rT 1 prefliminary Grading Ran Agenda Information Packet • March 6, 1984 City Council Meeting Page Sixteen • E CONTRACT RATIFICATI WORKS MAINTENANCE C. Ratification of Local 320 Contract, Public Works Maintenance - The City Administrator has received a letter from Minnesota Teamsters Public and Law Enforcement Employees Union Local #320 regarding Public Works Maintenance employees affirming a settlement based on a 4�% increase for 1984 and 5% for 1985. An offer had been made by the City for 4�% in 1984 and 4�% in 1985 with the maximum guideline that the City would increase the offer to 5% for 1985 if the Public Works Maintenance group agreed on a two-year contract. The union has accepted the counter offer regarding all 22 items as presented by the City Administrator in a letter dated January 30, 1984. The only exception being Item 17 where the salary was increased for 1985 consistent with guidelines set forth by the City Council. Therefore, action is in order to ratify a two-year contract with the Public Works Maintenance group under the conditions specified in the attached correspondence found on pages +4q _51 ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny final ratification of the Public Works and Park Maintenance Division contract. 47 rMs 3795 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 January 30, 1984 MR JACK MOGELSON, BUSINESS AGT LOCAL N 320 3001 UNIV AVE SE MPLS MN 55414 Re: Counter Offer for 1984 Contract Demands/Public Works and Parks Maintenance Division Dear Mr. Mogelson: BEA BLOMQMT Mow THOMAS EGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER Ca Ma % THOMAS HEDGES CM A " Ia EUGENE VAN OVEPBEKE ONcm The City Council has again met and discussed your most recent counter proposal and is in a position to offer a new response to. the Public works/Parks Maintenance employees' contract demands. We have met on several occasions and hopefully this proposal will represent a settlement that both your collective bargaining unit and the City Council can approve for 1984/1985 contract duration. The following discussion represents the City's offer to each of the 21 demands that were presented in a letter dated November 10,1983, from your office: 1) The City is recommending a two (2) year contract that would be retroactive to January 1, 1984, and continued through December 31, 1985. 2) The changes you have recommended under Article 3.5, "it will be the duty of .the supervisor in each department to establish safety regulations, instruct workers in accident prevention, and provide safety meetings for employees on a regular basis" is acceptable to the City. 3) The changes recommended in Article 12.1 are not. acceptable as new contract language. However, the City has maintained a policy that if maintenance workers are called out prior to 7:00 a.m. on a given workday, they are allowed to work until 3:30 which normally amounts to overtime for the employee. The management wishes to retain flexability regarding this item. 4) The City is not agreeable to the change in Article 12.1 to pay shift differential. Each Public works/Parks Main- tenance employee understood with their acceptance into public employment that night call -outs are required to THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY I CITY OF EAGAN/MR JACK MOGELSON • January 30, 1984 Page 2 maintain a desirable public service. 5) The City is not in agreement with amending Article 12.8. 6) The City does not agree with the change in Article 12.9 adding compensatory time. 7) The City is not in agreement with Article 12.9 regarding the request for double time for weekends and triple time for major holidays when overtime occurs. 8) The City is not agreeable to eliminating "but not necessarily equal" as requested as an amendment for Article 12.10. 9) There is no change desired for Article 13.1 by the City. 10,11 & 12) The City recognizes the need for a policy that allows career movement within the three maintenance divisions, which include Utilities, Streets and Parks and Recreation mainte- nance. It is not in the best interest for the City to allow movement at will within the departments without some type . of employee commitment to train for a different maintenance division. Therefore, the City accepts a policy whereby an employee who can verify that he or she has prepared independently to learn skills of a particular maintenance division, may qualify for a transfer to that division based on 1) meeting all minimum qualifications, 2) obtaining licenses or skills required within a specified time frame, 3) seniority with Public Works/Parks/Maintenance divisions, 4) acceptance of the next lowest pay classification for one (1) year upon transfer to a new division, and 5) a one- year probation will be imposed for any employee who transfers to a new division. It is the City's contention that if an employee wishes to change his or her career ambitions by transferring to a new division, a reduction in pay for one year should not impact their long-term career objectives and at the same time that employee should learn the new maintenance division well enough within the year that they could be considered at the normal rate of pay provided by the City at the end of the one-year probation. 13) The City proposes a change to Article 13.4 to be consistant with the City's personnel policy. (See attached) 14) The City is agreeable to the change recommended in Article 13.5 which deletes "regarding classification". r\ U IE CITY OF EAGAN/MR JACK MOGELSON January 30, 1984 • , Page 3 15) The City is not agreeable to the additional holidays as requested in Article 14.1. 16) The City is not agreeable to the vacation change as outlined in Article 15.2. 17) The City has increased its offer in salaries to a 4.58 increase in 1984 retroactive to January 1 and a 4.58 increase for 1985. 18) The City has recognized a deficiency in the clothing allow- ance and is therefore increasing its clothing allowance from $94.95 to $150.00 per year which would remain in effect during 1984 and 1985. The use of this clothing allowance will be consistent with a compliance policy drafted by management and agreed to by the union steward. 19) The City is not in agreement with the changes in Article 17.3 as recommended. 20) The City is not in agreement with an increase in life insur- ance as outlined'in 17.3. • 21) The City is- not in agreement with the changes recommended in Article 17.4. 22) The City would agree to a written addendum to the contract that allows City employees who also are volunteer firemen in the City of Eagan to respond to fire calls during working hours without loss of pay. I would be happy to discuss any of these points in further detail with you at any time. I will be looking forward to a response from you at your earliest convenient date. Sincerely, Thomas L. Hedges City Administrator CC: Tom Colbert, Director of Public Works Ken Vraa, Director of Parks 8 Recreation TLH/kf • E6 MAR 1 1984 MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES ONION AMIML LOCAL NO.320 affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN 8 HELPERS OF AMERICA a 3001 University Avenue S.E. — Minneapolis. Minnesota 55414 — Phone (612) 331-3873 �a February 29, 1984 Mr. Thomas Hedges City Administrator 3795 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: Please=be.:advised that on February 28, 1984 Public Works=Employees represented by Teamsters Union Local No. 320 ratified a two year contract proposal.. The proposal included an adjustment of 4 1/2 percent for 1984 and 5 percent for 1985. The group indicated that any less than these figures would not be acceptable. I would appreciate it if you would draft a contract for signature, a further request on behalf of the membership, that seperate back pay checks be provided. Please contact me as soon as youip ready to proceed. Sincerely, Jack I. Moge on Business Agent TEAMSTERS LOCAL NO. 320 CC: Tom Schuster JIMI'dd� opeiu #12 SI United To Protect • • Agenda Information Packet March 6, 1984 City Council Meeting Page Seventeen ADDITIONAL ITEMS CONTRACT 84-2/WESCOTT TRUNK SANITARY SEWER A. Contract 84-2, Receive Bids/Award Contract (Wescott Trunk Sanitary Sewer) -- At 9:30 a.m. on Friday, March 2, formal bids were received for the above -referenced contract. Enclosed on page 5 3 is a bid tabulation of all bids submitted with a comparison to the feasibility report and engineer's estimate. All easements necessary for the construction of this work have been acquired through a "quick take" condemnation action under the direction of our City Attorney. Therefore, there are no problems associated with awarding the contract at this time. As can be seen, we have requested bids for three alternates associated with this construction as follows: Alternate No. 1: We requested bids for a polyvinyl chloride pipe (PVC) as compared to the standard reinforced concrete pipe (RCP) to determine if any cost savings would be incurred through the use of this special design material for this size of pipe through the anticipated depth zones. Alternate No. 2: Alternate .No. 3: The standard base bid for the contract provides for an aggregate base access road to the lift station from the future Denmark Avenue through City park property. This alternate requests the costs associated with paving this access road with a bituminous surface to provide an all-weather access road with minimal maintenance and erosion. This requests an alternate bid to install the "grass paver" concrete patio block that would allow grass growth but still provide instability for equipment over the access road to the same lift station. This is similar to the material that was installed to the Almquist Lake lift station recently. Public Works Director and Consulting Engineer will be evaluating the bids and any possible alternate equipment bids that were submitted and will be providing a final recommendation to the Council at the meeting on Tuesday, March 6. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 84-2 (Wescott Trunk Sanitary Sewer) and award the contract to the lowest responsible bidder, and authorize the mayor and • City Clerk to execute all related documents. SPECIAL NOTE: The bid tabulation will be enclosed with the packet on Monday. sa • Our File No. 49258 WESCOTT ROAD TRUNK SANITARY SEWER FOR EAGAN, MINNESOTA CONTRACT 84-2 BID TIME:9:30 A.M., C.S.T. BID DATE: Friday, 'larch 2, 1984 CONTRACTORS TOTAL BASE BID ALT. P1 ALT. U2 ALT. 03 ALT. U4 PVC - Bit. Dr. Crass Pav Equip. -10,000 USFNLCA 1) Austin P. Keller $383,370.00 +499.00 +2,406.25 +21,435 4,000 DPI 2) Northdale Const. 407,022.50 -3,451.50 +2,852.50 .+ 2,675�:888pp5I1CO 3) W & G Rehbein Bros. 447.419.00 -3,866.00 +2,807.00 +39,410 -10o2,000 USF>•4C.'O 4) Orfei & Sons Inc. 474,323.10 No Bid +2,872.80 +21,045.10 --I'M HW-- 5,0 5) Barbarossa & Sons Inc 512.988.00 No Bid +2,539.25 +14.060.00 --10 88 UP5� 6) GL Contracting Inc. 516.204.71 -410.00 +3.220.00 +9.625.00 - 5.000 DPI 7)Aron a) Construction 555.888.45 -4.554.00 +2,469.25 +15,450.50 - 8.000 USaw= Nodland Assoc., Inc. NO RTn 9) Encon Utilities NO BID 10) Dawson Construction NO BID 11) Fadden Pup Co. NO BID 12) S.J.Louis Construction NO BID 13) VanBergen & Markson NO BID 14) Bonine Mccavating M RTn 15) Enebak Construction NO RTD 16) Tri State Drilling Nn Rm 17) Griffin Dewatering NO BID ALTAI ALT.#2 ALT.#3 ENGINEER'S ESTIMATE— 410.000.00 -$10,800 +$1,860 +$9,650 SIBILITY REPORT (F.R.) 420,000.00 - - - ,1BID 383,370.00 499 2,406.25 21,435 OVER (+) OP. UNDER(-) F.R. -8.728 s3 i • • Agenda Information March 6, 1984 City Page Eighteen Packet Council Meeting CONTRACT 84-4/YANKEE DOODLE RESERVOIR REPAINTING B. Contract 84-4, Approve Plans/Authorize Advertisement for Bids (Yankee Doodle Reservoir Repainting) -- At the February 21 Council meeting, the City Council received the feasibility report for Project 394 pertaining to the exterior repainting of the Yankee Doodle 5.0 M.G. water reservoir and subsequently authorize the preparation of detailed plans and specifications. These plans have now been completed and are being presented to the Council for their review and subsequent authorization to advertise for bids under Contract 84-4. As was discussed previously, these plans incorporate an alternate bid for the exterior painting of "EAGAN" at three locations on this reservoir so that the Council can consider its inclusion at the time of contract award based on bids received. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/modify/deny the plans for Contract 84-4 and, if approved, authorize an adver- tisement for bid opening to be held at 10:30 a.m. on Friday, March 23, 1984. S4 Agenda Information Packet March 6, 1984 City Council Meeting • Page Nineteen CONTRACT 84-5/FIRE ADMINISTRATION BLDG. -PARKING LOT C. Contract 84-5, Receive Bids/Award Contract (Fire Administration Building - Parking Lot) -- At 10:30 a.m. on Thursday, March 1, official bids were received pertaining to the improvement of the parking lot to the new Fire Administration building (old city hall) as a part of the overall Municipal Center Bond Referendum project. Enclosed on page S6 is the bid tabulation showing the results of this bid opening. This project contained two alternates described as follows: Alternate No. 1: Alternate No. 2: Alternate No. 1 requested bids for the installa- tion of a concrete driveway for the first 30 ft. coming out of the new garage addition. Staff wanted to evaluate the cost benefit of this alternative through actual bid prices due to the heavier pieces of the equipment that will be used in this sloped access drive (fire engines, medical emergency vehicles, etc.). Alternate No. 2 requested a deduct bid if City maintenance crews were to install the aggregate base prior to the surface paving. This was done to try and evaluate any potential cost savings to the overall project that could be accomplished through the use of City forces. The Public Works Director will be evaluating the bids for the contract and the various alternates and will be making a final recommendation to the Council at the meeting on Tuesday, March 6. ACTION TO BE CONSIDERED ON THIS ITEM: Receive the bids for Contract 84-5 (Fire Administration Building - Parking Lot), award the contract to the lowest responsible bidder and authorize the Mayor and City Clerk to execute all related contract documents. _5S • • E FIRE ADMINISTRATION BUILDING - PROJECT 392 CITY CONTRACT 84-5 PARKING LOT EAGAN, MINNESOTA j7 1984 Opening Time: 10:30-A.M. CST Opening_ Date: Thurs., March 1, 1984 CONTRACTOR TOTAL BASE BID ALTERNATE 41 ALTERNATE °2 1) Independent Curb $28,075.00 $1,548.00 $4,350.00 Contractors, Inc. 2) McNamara -Vivant 29,111.00 1,656.00 5,481.00 3) Total Asphalt 29,856.00 2,088.00 4,893.75 4) Bituminous Roadways 29,949.50 1,836..00 4,750.00 • 5) Valley Paving, Inc. 32,254.15 1,656.00 6,155.25 6) Barber Construction 33,007.45 1,944.00 3,045.00 7) Pine Bend Paving 33,016.20 1,872.00 5,220.00 8) Alexander Construc. 34,461.02 2,160.00 6,090.00 9) Jay Bros., Inc. 35,224.80 2,700.00 2,000.00 10) Ashbach.Construction 36,487.85 2,484.00 5,046.00 11) 12) 13) 14) 15) • ENGINEER'S ESTIMATE $28,125 j7 • Agenda Information Packet March 6, 1984 City Council Meeting Page Twenty • • PROJECT 348, FOUR OAKS ROAD/COACHMAN ROAD D. Project 348, Four Oaks Road/Coachman Road (Streets) -- On January 17, the City Council authorized the preparation of the feasibility report for the upgrading of Coachman Road from Yankee Doodle to Four Oaks and from Four Oaks Road from Coachman to T.H. 13 to its ultimate collector design section. This feasibility report has now been completed and is being presented to the Council for consideration of ordering the public hearing to be held on April 3. ACTION TO BE CONSIDERED ON THIS ITEM: Receive the feasibility report for Project 348 (Coachman/Four Oaks Rd. - Streets) and order the public hearing to be held at 7:00 p.m., April 3, 1984. 6-7 Agenda Information Packet March 6, 1984 City Council Meeting Page Twenty -One FINAL PLAT APPLICATION/KENSINGTON PLACE E. Final Plat Application, Kensington Place (Tomark Development) - We have received an application for final plat approval for the first phase of the Kensington Place Development. All conditions placed by the Council on the Preliminary Plat approval of November 15, 1983, as it pertains to the first phase development have been satisfactorily complied with and reviewed by the Public Works Director and City Attorney's office. All development agreements have been executed and application fees paid. Subse- quently, this final plat is in order for formal consideration by Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the final plat application for Kensington Place as submitted by Tomark Development Inc., and if approved, authorize the Mayor and City Clerk to execute all related documents. 51 • • • Agenda Information Packet March 6, 1984 City Council Meeting • Page Twenty -Two LEAGUE OF MINNESOTA CITY POLICIES F. Review of Proposed 1984 City Policies and Priorities as Prepared by the League of Minnesota Cities -- At the last City Council meeting the proposed 1984 City Policies and Priorities as drafted by the League of Minnesota Cities was distributed to each member of the City Council. The legislative policy session is scheduled for March 13 and, therefore, it will be necessary to review the document and if there are any changes or questions to be raised at that session, a position should be drafted this Tuesday at the March 6 City Council meeting. Mayor Blomquist, City Councilmember Smith, and the City Administra- tor are all pre -registered for the legislative action conference. City Councilmember Smith has indicated that he may not be able to attend all the session and any other City Councilmember who would like to attend a part of the session could be coordinated with his registration. ACTION TO BE CONSIDERED ON THIS ITEM: To consider the proposed 1984 City Policies and Priorities and adopt the positions as prepared by the League of Minnesota Cities with or without amend- ment. • s/Thomas L. Hedges City Administrator TLH/hnd E • MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: MARCH 2, 1984 MINNESOTA JOCKEY CLUB APPLICATION As you are all aware, five (5) applications were received by the Minnesota Horse Racing Commission yesterday, of which the Lone Oak application was one of those submitted. The applicant has given the City seven (7) copies of a portfolio that summarizes the Lone Oak site. Included in your packet is your copy of the portfolio. The City Administrator will retain one copy in his office while the other copy will be at the front counter for review by the public. The City Administrator received the City of Eagan's copy of the application for the Lone Oak site from the Minnesota Racing Commission today. The application is similar to the three -volume proposal that was submitted by Group W Cable when they submitted their application to the Joint Commission. Included in the application are two large volumes that include application and exhibits, and then a third and fourth volume that includes all the bond information, and a fifth volume which is a copy of the environmental impact statement. • Also enclosed is a copy of the portfolio that each member of the City Council's received. There is one complete set of the applications which will be kept in the office of the City Adminis- trator and are certainly open for public inspection at any time. Please mark your calendars for Thursday, March 8, when the environ- mental impact public hearing will be held in the Eagan City Council chambers at 7:00 p.m. Mayor Blomquist will open the meeting and act as a facilitator for questions, answers, etc. City staff, in conjunction with consultants for the applicant, will field the questions as they are raised by the public. The other date of significance is Tuesday, March 13, the date the Minnesota Racing Commission has selected to hold the public hearing in the City of Eagan. Unfortunately it does conflict with the evening activities at the legislative session sponsored by the League of Minnesota Cities, however, the date is fixed and cannot be changed by the Minnesota Racing Commission. At that meeting, it is my understanding that the Minnesota Racing Commission will conduct the public hearing and, again, the City Council's participation will be more as observers. Enclosed for your reference is a copy of the letter that the City Administra- tor received from the Minnesota Racing Commission, a letter from Jim Curry Investment Companies to the Racing Commission members, and a resolution that was passed by our neighboring city, Inver Grove Heights, supporting the Eagan horse racing facility. These documents are enclosed on pages A 3 through. • The City Administrator and Steve Pflaum have had a lengthy discus- sion and it is apparent that the development agreement should W INFORMATIVE MEMO • March 2, 1984 Page 2 be completed before the racing commission holds its all -day review of the applications on March 12. Therefore, the City Administrator will have to work next week in meetings with the attorneys, BRW, and applicant to finalize the development agreement for either adoption by the City Council on March 6 or possibly the special City Council meeting prior to the EIS hearing on March 8. The first meeting is set for Monday at BRW's office. It is very important that the development agreement be exercised before the March 12 date. SPERRY NOISE UPDATE Benchmarks for noise monitoring were established at the pump house and Don Giblin's house for the before and after noise monitoring by MPGA. Both noise monitorings before installation of equipment have been completed --the first on February 23 and the last on February 29. According to Sperry, the equipment will be installed within the next two weeks and hopefully noise monitoring can be performed before the April 3 City Council meeting. Since the City Administrator has received copies of correspondence regarding this matter, it seemed appropriate to keep the City Council updated and, therefore, copies of corres- • pondence are enclosed on pages (�j through for your information. NAMING OF PARK LANDS Enclosed on pages %(o through -7-7 is a copy of a letter that was sent to theDirector of Pars and Recreation regarding the naming of park lands as reviewed by the City Council. Parks and Recreation Advisory Commission was scheduled to take action on March 1 regarding the recommendations by the City Council. EAGAN MUNICIPAL CENTER PLAQUE Enclosed on page iK is a sample of how the Eagan Municipal Center will be pre— per. Please review first names and make any changes that you so desire. The names included on the plaque are consistent with the way the plaque was prepared for the Police Deparment facility. AIRCRAFT SOUND ABATEMENT COUNCIL Enclosed is a copy of minutes of the last Metropolitan Aircraft Sound Abatement Council meeting that was held on January 24. Copies are enclosed on pages -79 through��. TIRES PLUS STANDARD STATION Enclosed on page Cb'�_ is a copy of a letter that was sent from ME • INFORMATIVE MEMO • March 2, 1984 Page 3 Chief Building Inspector Peterson to the owner of Tire Plus Standard. The City Administrator has notified Howard Johnson that a public hearing is required before the Advisory Planning Commission and the City Council due to the need to process a variance if the elimination of a restroom is to be allowed at the Tires Plus Standard Station. This letter is enclosed in the packet as informational since several of you have asked about the status of the variance. POLICY/DAMAGED BOULEVARD RESTORATION Enclosed on page $i— is a copy of a memo from the Director of Public works concerning damaged boulevard restoration. s/Thomas L. Hedges City Administrator • 6s, • 0 Pi March 1, 1984 MINNESOTA RACING COMMISSION 312 Cearral Avenue, Suite #400 Minneapolis, Minnesoaa 55414 Mr. Leslie Johnson, City Manager City Hall 9150 Central Avenue N.E. Blaine, Minnesota 55424 Mr. Tom Hedges, City Administrator Municipal Center 3830 Pilot Knob Road iEag nano Minnesota 55122 Mr. Mark McNeill, City Administrator City Hall 12305 Quinton Avenue South Savage, Minnesota 55378 Gentlemen: (612) 341-1555 Mr. John -K. Anderson, City Administrator City Hall 129 East 1st Avenue Shakopee, Minnesota 55379 Mr. James Larson, City Administrator City Hall 2100 Radio Drive Woodbury, Minnesota 55125 Re: Applications for Metropolitan Area Racetrack License Today the Minnesota Racing Commission received five applications for a license to own and operate a horse racing facility within the seven -county metropolitan area. One of the applications proposes to locate the racetrack within your city's limits. I am herewith providing you with a copy of that particular application and pursuant to Minn. Stat. §240.06, subd. 2 (Supp. 1983) requesting that you provide the Racing Commission with your City Council's comments, if any, on that proposal. Official comments should be submitted in writing and filed with the Commission's office at the above address by noon Friday, March 23, 1984. A single copy will be adequate for our purposes. If you have any questions relative to this matter please feel free to call me at 341-7555. Sincerely, 94-.16- 4Z�m RICHARD G. EVANS Project Administrator RGE:sb encl. (�3 "JJ 809 JIM CURRY INVESTMENT COMPANIES 4617 Upper Terrace Edina. Minnesota 55435 012/BZ'/•9351 \ • This letter is addressed to the Chairman and members of the Minnesota Racing Commission: Chairman: Ray Eliot Joyce Farrell Carol Connolly Rosemary Fruehling Lawrence Cross John Daniels, Sr. Kris Sands C. Elmer Anderson Ladies and Gentlemen of the Minnesota Racing Commission: I write this letter to recommend that you choose Eagan as the Horse Race Track location. I have owned property and done business in Eagan since 1969. At the peak of my real estate activities in Eagan, I owned 2,000 acres. I developed almost 1,000 lots for housing and today my owned land holdings have been reduced, by sales and development, to a few hundred acres. With this kind of activity, I have worked with the city staff, • elected officials and citizens groups such as the Chamber of Commerce and the Council for Urban Mobility. I must confess I am an absolute admirer of everything that makes up Eagan. I have never seen a better run city. (Note: I have done business in Edina when my partner and I built Pentagon Office Park.) Eagan has an outstanding staff and dedicated, talented people on their City Council, Planning Commission, Park Board etc. EagaL has lots of spirit and enthusiasm for the horse racing facility. Just as important, Eagan has an excellent tax base so they have been able to afford to do things right. The industrial park in north Eagan has made it possible, I believe, for Eagan to have one of the lowest tax rates in the seven county metro area for many years. Service from the city has always been excellent. Today Eagan is booming! It is the fastest growing area in the metro area. The Cedar Avenue and 494 bridges are performing their functions beautifully. Eagan is now home for about 29,000 people, I believe, and some 25,000 work in Eagan!. Long before the year 2000, there will be 500000 people living in Eagan and probably as many working there. • • • • I Why? Because it has THE perfect location. Uniquely, it is near both St. Paul and Minneapolis. If a race track can succeed in Minnesota, Eagan is the place where the chance for success is greatest, I believe. I'also know the people behind the Eagan race track.- They are local. They are highly respected' and highly successful businessmen. I have total trust -in them. 'Frankly, I'm really thrilled that local people are behind the Eagan site. This has been a long letter and I appreciate your reading it. I_feel_strangly about this.and-I hope you.choose Eaganl .Good luck! 4s- Sincerely, A. lm7, James A.'Curry L 0 Inver Grove Heights Mr. Thomas Hedges City Administrator City of Eagan 3795 Pilot Knob Road P. 0. Box 21199 Eagan, Minnesota 55121 Dear Mr. Hedges: ,Mh- 8150 Barbara Avenue Inver Grove Heights, Minnesota 55075 (612) 457.2111 February 28, 1984 We are enclosing a certified copy of Resolution No. 3190 titled "Resolution Supporting the Eagan Horse Racing Facility" which was adopted by the City Council of Inver Grove Heights on February 27, 1984. Copies of the resolution have also been forwarded to the Minnesota Racing Commission and the Metropolitan Council. Very truly yours, CITYOF NVER GROVE HEIGHTS Rob rt W. Schaefer City Administrator /co Enc. MR 0 0 • Inver Grove Heights 8150 Barbara Avenue Inver Grove Heights, Minnesota 55075 (612) 457-2111 This is to certify that the attached copy of Resolution No. 3190 titled "Resolution Supporting the Eagan Horse Racing Facility" is a true and correct copy of the original resolution on file in the Office of City Clerk, City of Inver Grove Heights, County of Dakota, State of Minnesota. Charlotte M. O'Donnell, Deputy Clerk Dated: February 28, 1984 ( SEAL ) 67 CITY OF INVER GROVE HEIGHTS DAKOTA COUNTY, MINNESOTA 00 RESOLUTION NO. 3190 RESOLUTION SUPPORTING THE EAGAN HORSE RACING FACILITY WHEREAS, The Inver Grove Heights City Council has reviewed the proposed Eagan horse racing facility and the integrated complex which represents a total development program, and WHEREAS, the site is close to and equidistant from the core cities, served by a highway network whose completion will coinside with the development, and WHEREAS, the planning process for the project is thorough, complete and exhaustive, and WHEREAS, the Eagan - Inver Grove Heights area currently poss- esses numerous facilities for the care and boarding of horses, and WHEREAS, of all sites under consideration, the Eagan site is the most accessible site for the largest population centers outside of the Twin City Metropolitan Area, r'40 NOW THEREFORE BE IT RESOLVED: That the Inver Grove Heights City Council endorses and supports the proposed Eagan horse racing fac- ility, and BE IT FURTHER RESOLVED: That copies of the resolution be transmitted to the City of Eagan, The Minnesota Racing Commission, and the Met- ropolitan Council. Adopted this 27 day of February 1984. Ayes: 4 Nayes: 0 /s/'William Saed William Saed, Mayor ATTEST: /s/ Charlotte M. O'Donnell Charlotte M. O'Donnell Deputy Clerk s ,FEB L February 16, 1984 Minnes a Pollution Control Agency Divisi of Air Quality 1935 est County Road 52 Ras ille, MN 55113 Re: Sperry Semiconductor Factory Gentlemen: 1 am the current President of the Timberline Civic Association, an association of over 100 families living in the City of Fagan whose homes are close to the Sperry Semiconductor Operations factory. In this capacity, 1 am requesting yourLjagency's assistance in reviewing the concerns of my neighbors and `k with respect to the potential for ground water and air pollution caused by Sperry's operations. Accordingly, I am • writing this letter to formally request, on behalf of the concerned citizens living near to this plant, that as a part of its review in determining the propriety of issuing an operating permit that Sperry's manufacturing procedures and manufacturing facilities be carefully reviewed and that such an operating permit only be granted upon a clear finding that its factory cannot and will not create a health hazard. 1 am sure you are as aware as we are of the havoc reeked upon the environment in the San Francisco Peninsula area (Silicon Valley) by Fairchild Semiconductor and Intel Corporation and in Pheonix by Motorola. In case you may have missed it, I am enclosing a copy of an article which appeared in the 3uly 25, 1983 issue of Time Magazine. This is the same industry that Sperry has brought to our back doors. The reason why 1 believe it is necessary for the Minnesota Pollution Control Agency to become involved is that: 1. Sperry cannot be trusted to police itself; and 2. The Eagan building inspectors charged with the responsibility at the local level have neither the expertise nor the instrumentation to monitor and evaluate Sperry's manufacturing operations as far as measuring possible harmful chemical emissions in the air, in the ground water or through the sewer systems. 69 • Minnesota Pollution Control Agency February 16, 1984 Page Two Fabrication of semiconductor chips Involves the use of a variety of highly toxic and carcinogenic chemicals. The semiconductor processes used by the manufacturers in Silicon Valley resulted in significant escapes of these chemicals into the environment. Sperry is known to be using manufacturing processes originally developed by Fairchild. We are concerned that any such escapes at the Sperry Plant might go unreported and uncorrected. Mere verbal assurances by a Sperry facilities planner that his company's procedures are safe are not enough. After all, the Titanic was unsinkable. Then too, Sperry's reluctance to address its noise pollution problem when an expenditure of only $5,000 - $6,000 is involved is indicative of a mindset that would place a higher priority on company profits than on environmental concerns. It is also evident to us that the City of Eagan does not have on its staff persons with the knowledge and experience in this high-tech area which are required to detect and appropriately deal with the hazards to the environment occasioned by unintentional spills, leaks or other mishaps or the intentional failure to properly install and maintain the air/water filtering and purifying equipment. • The residents in the Timberline area feel that it was extremely poor planning to locate an industrial plant for the production of integrated circuits on a high volume basis only a few hundred feet from a residential neighborhood and that the City officials were remiss in not following the zoning restrictions which were put in place to protect our neighborhood when it granted its building permits to Sperry. For all of the foregoing reasons, we feel it is essential that the Minnesota Pollution Agency step in and review the overall operations of the Sperry Plant so that the Timberline residents and other citizens of Eagan drawing thew water from the nearby wells can be sure that this area remains a safe place to live and to raise children. Very truly yours, 3061 Woodlark Lane Eagan, Minnesota 55121 Enclosure cc: Mr. Thomas Hedges, City Administrator ✓ Eagan City Hall • 3795 Pilot Knob Road Eagan, MN 55123 70 Computers f1 ili0%McIfIL 1. �e ycHnol oR M,. CHIL u Caitadats hoist ataca is In 1882 woUmt against dubmlMer &At pMWW the* eralC Sounding the Tocsin for Toxins Chemical pollution tarnishes an industry's clean image ugh-tecanNogy entrepreneurs like to I so man)- medial problems on our strut tial boast that their business is nowilltn- "joked that maybe se wire living on a mg and eavirommentally sand. But every I toxic dump_ industrytarries environmental risks, acrd , r' The arm's problemfu s st surfaced a is no eaaptiom The manL flair Years ago. s -hen noxious games hon taOe of computer chips. ftexampls, burning chemicals at a sties of ioduarittl ale_ quires acid baths (to etch miaoscopec felled both fire fighters and bysEand- ws onto tiny ceramic a3Lfers[ra'g ,yrs There we also repeats of awkers sof industrial cleaning faads LteyVashr who suffered advcse reavaos to chemi- sa)-eatnawus ape:kst And where cab at microchip firths. One 19-)ear-dd. perle are postrful ehemioals u2sLc- hued to sondeamrmd storage tants at a SUMP difficulties are act fu behind. � du= company. began vomiting Pointing up this problem- a resent IlmccntrollablY after less than a seek at California survey showed that 36 of 4 the job. I underground storage tanks in the high- boa head-arl_vl4a9t tech Silicon Valley sue laking- The Year. when Faceftiw aux Intel Lorp-. seepage contaminated surrounding soil loos) and fouled es ofSround matter lealm er�w two Rand such communities as San plant m as many months At the Maintain View. Slmle nyvaand San Jose �a°t m San Jose workers a The California assembly. 1h6owing the rad that a fauhy storage tank had - 'Jead of eight cities in s" Clara Coumry '. some 13AM gal of a mildly � t haus passed ordimmes munderground7°O�°g sr -INT -a' —%-A Tc�m.the h spills. bas a ved a prevent water aupph. �s weeks Ppro tough toxic- lamer, law anmamted that a concrete O®tro! taw. to the ..+nes re: moves On m had leaked, and that traces of a `the state senate. the mdlou mdsmlialius T� had named up is e Of Silicon Valley. to their sane d600m- swap Oar W. Fabrhild has spent fart find themselveiattl>md,gfvpp� 0 million �E up ffi spt7L and the own hot tubs 1 This uas once a nice. Y steadfast!) tmiarains that m rypi.=1 Cali- between its bask and any specific fornix town."0.sa)s Lorraine Ras of San �aWOiesltas been estab4shed. ose. c of 266 pWatM in aitdti J yrabfem in i) int be Cal farnia's �oEthe F irch�od� against the ltlal plant �Y aof the Fairchild Carriers a InstrumentmShe lead heu neiabb=are charglog'Yui 171 and 1Naatehuseat authorities auchild uitb negligent a ate War ROate 129 f a public uelf arning y-.connmmatita ev are also holding the company _re- u,�loagwhile. the Rea Coast ui>pmkkeirs spomsiWe for seven deaths m the past i busy �tafim double-wfM coo- _ years. as well as a Dumber of osisand caw birth defects ::bb mere adds S20D00 to tuttomal he can ®� I WmWe ImhA oxmciorz-aays Ras. who �W1DAW tank_ -You bet we're Om to pro blames the congenital Hart aihtuemt of 1st our image_ says an law spokmnan. her twvyearold daughter Juliana on `baa were aeon ding this beaose we toms hon the tainted utH -There were t . , be TIME ll E\ Z� 19E1 Screen Test Discounting VDThazards SIna it was introduced into the Ameri can eOrkplace in the 1960s, the vide, display terminal IVDTI has become an in dispensable tool for 10 million cleric workers, tYpeseners. writers. editors an! puler programmers But as the num. I her of people wbo regularly tole VDTs has increased. so have oomplaims that IM. term exposure to the machines can cause a variety of a®ictions. including muscle fatigue. eyestrain. cataracts and miser- ; riages. Tuo Years ago. a panel of vision expers and psychologists assembled by 1 the National Research Council began a scientific investigation of the effects of VDTs on eyesight. Lest seek. in a 273 -page report. the rstive-member "Y group concluded that there is no scientific evidence linking VDTs lith e)e diseax a cauu cos. More - mer. the report plead the blame for many ailmrnu associated site VDTs on such en- vironmental factors as poor lighting and stressful office conditiom Summed up Panel Chairman Eduard Rinalducci. a Professor of psychology at the Georgia In- stitute of Technology: -Ota general can. clusion is that eye disarm(om blamed vi- sion and other %maul disturbances. muscular aches and arts reported among VDT workers are probably not due to an) - thing inherent in VDT tebnology.- The panel did not address isolated re. parts ofclusters ofabm ms.miscarnaets and birth defers among someo exposed to VDTs. but noted that other research j judged VDTs to be an unlikely- muse. Bfort ause of is findings. the panel opp any move to set mandator standard vDTs and concluded. -It seems likely uitb prope r design of VDT display charac- teristics. workplace ligblin& sork sta- tions and jobs. VDT work need not cause any unique visual problemi The report's cencluskms met lith some dissent. Panelist LauTenae Stark. a neurologist at the Uoiversin of Califor. nia. while agraing; that VDTs do Its cause permanent eye damage. contested the vies that they ase Oct responsible for eye fatigue. -The report is a shitmash for the status qua- said Stark. -All the com- plains Of Gaming eyestrain- beadacbe. stingingwatery eyes coanneaed with VDT use are valid claims. Just because )ou can- not measure visual fatigue does nes mean it don not exist. - VDT umanufa.-num have replied that they are mdeod OttOtuned ahvt Visual fatigue and have made suggestions on how to Illtdlfy environmental conditions like glare Until empk-yrs agree to in- stitute those changesbamcver. some VDT users may pat haVe m squint end bear it. s 61 I JL SPE PRY SPERRY CORPORATION COMPUTER SYSTEMS • SPERRY PARK. P.O. BOX 43525 ST. PAUL. MINNESOTA 55164-0525 TELEPHONE (612) 456-2222 February 23, 1984 Mr. Thomas J. Nikolai 1504 Red Cedar Road Eagan, MN 55121 Dear Mr. Nikolai: r ^ 41aA YEoe_ - La Your recent letter clearly stressed the concern of our Timberline neighbors about Sperry's follow through on its commitment to reduce noise levels emanating from our Semi- conductor Headquarters Building. I can assure you that I have personally reviewed both the complaints and the internal engineering effort. Sperry committed in October to install an attenuator on the stack which generated the higher noise levels and to install deflectors on all six of the stacks. This project has progressed through planning, engineering design, compet- itive bidding, long lead material contracting, and contractor contracting. The actual construction will start shortly, • dependent on the weather. We are making a sincere effort to meet the nineteen week schedule and will meet or beat our March 31st commitment. As previously stated, Sperry is investing over $30,000 in specific noise abatement measures. We are doing this because Sperry is concerned about its relationship with its neighbors and the local community. The noise contro- versy, which has developed, is particularly difficult because of the complexity of measuring and of controlling a phenomenon which has many sources. I am convinced that the project, now in its final phases, will resolve the noise issue. I appreciate your patience and I am sure you will be pleased with the result. DCT/jp cc: ✓l�homas Hedges • Mayor Bea Blomquist -Very truly yours, David C. Turcotte Vice President Semiconductor Operations /�14 0 _Y ;1. Minnesota Pollution Control Agency February 28, 1984 Mr. John Gustin 3061 Woodlark Lane Eagan, Minnesota 55121 Dear Mr. GuStin: This is to acknowledge your letter dated Februlary 16, 1984, concerning the Sperry semiconductor factory in Eagan, and to respond to your concerns regarding air pollution. The Minnesota Pollution Control Agency (MPCA) staff examined • information about the equipment for the recent plant expansion and the associated air emissions. Emissions of acids and caustics from the Sperry factory in Eagan are abated by air pollution control equipment. Based on the information available to the MPCA, air emissions from the plant do not create a health hazard. At such time as an operating permit is prepared for this plant, the MPCA will consider again whether any air emissions create a health hazard and whether further testing and/or more effective control is needed. The article which you enclosed from Time Magazine does indeed report environmental damage and threat to groundwater pollution from spills and leaks from semiconductor plants. It is my undestte se maderbyathenMPCA, Divisiionaof Solidnandon these Hazardousssues Waste. be Sincerely, 9 -�, - Janet M. Cain, Chief Regulatory Compliance Section Division of Air Quality JMC:TT/mpg • cc: Thomas Hedges Y Dale Wikre — MPCA, Division of Solid and Hazardous Waste Phone: 1935 West County Road B2, Roseville, Minnesota 55113.2785 % Regional Offices • Du:uth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer • • LAW OFFICES HAuoEN AND NIHoLAI. PA. 1636 MIOWEST PLAZA OUILOING 601 NICOLLE MALL ORRIN M.NAUOEN MINNEAPOLIS. MINNESOTA SS402 THOMAS J. MKOLAI C61TJ 336.7461 DOUGLAS L.TscNIOA JAMES T. NIKOLAI March 1, 1984 Mr. DaC. Turcotte Sperry'Corporation Semico ductor operations 1500 'Tower View Road Eagan, MN 55121 Dear Mr. Turcotte: PATENTS TRADE MARKS COPYRIGHTS Thank you for the courtesy of your reply of February 23, 1984 to my earlier letter to you. Unfortunately, your letter did not address many of the points I was attempting to raise, namely: 1. Why did Sperry, in September, provide a report to the City Council indicating decibel levels below the MPCA Standards when it must have known that such data was inaccurate? (I have been advised that when going out for bids, it advised prospective bidders that noise levels of 104 dB existed at the roof and that the noise levels were 63-65 dB 300 meters from the building.) 2. Why was it unilaterally decided that it was unnecessary to equip each of the six stacks on the roof with an attenuator? (Sperry first advised the City that each stack would have an attenuator and a diverter.) 3. Why was the 19 -week lead-time estimate not met, even though the scope of the project was reduced when Sperry decided that only one attenuator would need to be procured and installed? (The 19 -week estimate was given on October 16, 1983 and the period should have ended February 24, but on February 7, Mr. Michaud requested and obtained a six week extension from the City when Sperry had only placed an order for the hardware only two working days earlier.) 74- • E Mr. David C. Turcotte Page Two March 1, 1984 I would appreciate knowing how the $30,000 expenditure alluded to in your letter breaks down. We have it from a reliable source that the purchase price of the one attenuator being procured from the Joy Fan Company is $1600 and that the six diverters is a routine sheet metal job and should go for about $500 each. This would total $4600. if the balance of $25,400 represents internal costs to plan, design and contract for the $4600 hardware, something must be very wrong within your Plant Engineering and Procurement Operations or, with the accounting system. Also, if by your representation that the project costed $30,000, you are trying to impress the Timberline residents or the Eagan City officials with the size of the commitment, i would suggest that the amount pales in comparison to the cumulative damages which Sperry has subjected the residents to in terms of decreased property values, the time which has been spent and costs incurred in trying to get Sperry to do what is right in this matter and the emotional strain and irritation on the residents caused by Sperry's continued and protracted violations of the applicable R & D zoning which is supposed to be. controlling. The $30,000 is also small in comparison to Sperry's lost "good will" in the neighborhood. A great mistrust has been generated by the game -playing that has been going on since last summer and this will surely adversely impact the relationship between your company and the neighborhood over the years to come. Vety truly yours,,_ i i Thomas J. iko ai TJN/jk cc: Thomas Hedges, City Administrator ✓ B. Blomquist, Mayor John Gustin �S V .) • MINUTES METROPOLITAN AIRCRAFT SOUND ABATEMENT COUNCIL GENERAL MEETING 7:30 P.M. January 24, 1984 Minneapolis, Minnesota Call to Order, Roll Call. Chairman Walter Rockenstein called the meeting to order at 7.:35 P.M. and asked the Secretary to call the roll. The following members were in'attendance: Members/Alternates Martin Thon (R) Mark Costa (R) Ben Griggs (R) Robert Johnson (R) Kenneth Stabler (A) W. L. Summers (R) Jack Spalding (A) Ron Glaub (R) James McLaughlin (A) Jeff Hamiel (R) David Woodrow (R) John Richter (R) Walter Rockenstein (R) James Serrin (R) Kris Clinton (A) Scott Bunin (R) Carl Vangsness (R) Joyce Maddox (R) Eugene Bohmert (A) Lloyd Wickstrom (A) Mark Mahon (R) Martin Kirsch (R) Donald Priebe (R) Larry Shaughnessy (R) Thomas Baker (R) -71- Eastern Airlines Midway Airlines Northwest Airlines Republic Airlines Republic Airlines US Airlines United Airlines Minnesota Business Aircraft Association Airline Pilots Association Metropolitan Airports Commission St. Paul Chamber of Commerce City of Minneapolis City of Minneapolis City of Minneapolis City of Minneapolis City of St. Paul City of St. Paul City of St. Paul City of St. Paul City of St. Paul City of Bloomington City of Richfield City of Richfield City of Mendota Heights City of Eagan MASAC Minutes N 3 Advicnrc Richard Deitos Bob Botcher Ron Weight Jan Del Calzo Gwen Murray Visitors Jim Attwood Chauncy Case Dave Kelso Mr. and Mrs. Don Witz J. K. Nelson Roger Potratz Bob Swenson Paul Baker -2- January 24. 1984 Air Transport Association Federal Aviation Administration Tower Air Force Reserve Metropolitan Airports Commission Secretary Minneapolis Metropolitan Council Minnesota Pollution Control Agency Richfield Bloomington Minnesota Business Aircraft Association Northern Airmotive Minneapolis Approval of Minutes of November 22, 1983• The Chairman asked if there were any additions or corrections to the minutes of November 22, 1983. There being none, the minutes were approved as presented. Introduction of Invited Guests, and Receipt of Communications. Introduction of Invited Guests. k • • Roger Potratz, President of the Minnesota Business Aircraft Association, was introduced by Jeff Hamiel. Mr. Potratz displayed a flyer which was developed by the MBAA to promote a new program within the business community. The program, called ''Quiet Flying'', sponsored by the MBAR and NBAA, encourages the use of noise abatement procedures for all operations, by all of its members. Receipt of Communications. A. A letter was received from the city of Richfield reappointing their current representatives and alternates. B. The Air Transport Association notified MASAC that their representative is now Richard P. Deitos, Jr., who is Assistant Director of the ATA. Mr. Deitos was present at this meeting. C. Mr. Dale Axelsen, representative of the city of Minneapolis, has resigned his seat on the Council. W • MASAC Minutes -3- • 4. A. Technical Advisor's Preferential umma January 24, 1984 (stem Utilization Report and Complaint Both reports for November and December were given by Jeff Hamiel. Mr. Hamiel discussed the operation of the Permanent Monitoring System and its inability to count aircraft accurately. The system does monitor the run-up pad reliably, as it was originally intended to do. B. amort of the AD HOC Handbook Committee. Mr. Hamiel said that the proposed handbook would be used as educational material for new and present members, and as reference material for people in the community around MAC's airports. The handbook would be comprised of a series of informational pamphlets incorporated into a loose-leaf binder. Specific pamphlets could then be pulled out for resource material on particular subjects. MAC has contacted consultants to aid in writing of these reports and MASAC will be updated after the new Noise Abatement Manager arrives in February. 5. Report: Noise Abatement Plan Update to the Minnesota State Leqislature. Copies of the document were distributed to the membership and there will be discussion at the February meeting after everyone has the opportunity to study • the plan. It is broken down into three sections: 1) 1983 Impacts, 2) Next Year's Objectives, and 3) Long Term Goals. 6. Persons Wishing to Address the Council. Don Witz addressed the Council regarding what he considers to be a 10% use of the 1800 heading off runway 4/22. He also discussed aircraft take -offs during the quiet time of 11:00 p.m. to 6:00 a.m. Mrs. Olive Witz commented on the front page newspaper article on January 20 regarding future plans of the MAC, including possible lengthening of runway 4/22. Jim Serrin moved, and Ron Glaub seconded, a motion that the 1,000 foot threshold at the northeast end of /22 be used for takeoff and landing. This motion will be referred to the Operations Committee for recommendation. 7. Report of MASAC Representative to MAC Meeting of January 16, 1984. Jeff Hamiel reported that in December there was a crash of a small aircraft on approach to the Crystal Airport. There were no fatalities. He also said that the Resolution presented by MASAC regarding the.addition of equipment to the Permanent Monitoring System was approved by MAC Staff. Mr. Hamiel is working with the provider of the system (Tracor, Inc.) and the consulting engineers (Wylie Labs) to investigate ways to make this system count aircraft accurately. Further discussion at the MAC meeting included the 1983 Report to the Legislature; • the Capital Improvement Program for 1984-85, and Capital Improvement Plan for 1986-1990, which will be a 74 million dollar improvement program. Martin Kirsch moved to send the Capital Improvement program to the Operations and Executive Committees for approval. This motion was seconded by Scott Bunin and approved unanimously. MASAC Minutes -4- January 24, 1984 8. Other Items Not on Agenda. • A. Petitions, signed by attendees to public forums on noise in south Minneapolis, were presented. Also introduced were a letter from Councilman Kramer and Tim Anderson's reply. B. Bob Botcher, Assistant Chief of the FAA tower, said that Transportation Secretary Dole announced that a 90.6 million dollar contract has been signed with the Hazeltine Corporation for development of the Microwave Landing Systems. The first of these will be in Boston, Denver, Alaska and Washing- ton, D.C. with 172 units to follow. 9. Establish Next Meeting Date. The next MASAC Meeting will be on February 29, 1984. 10.. Adjournment. Chairman Rockensetin adjourned the meeting at 9:18 p.m. Respectfully submitted, Gwen Murray, Secretary V E 11 3830 PILOT KNOB ROAD. P.O. BOX 21199 BEA BLOMOUIST EAGAN. MINNESOTA 55121 `va PHONE: (612) 454$100 THOMAS EGAN JAMES A SMITH Arm THOMAS THEODORE wACHTER February 21, 1984 C�'""� ' THOMAS HEDGES C,Iv Ad.w ftQ1V ' EUGENE VAN OVERBENE OW C� MR. TOM GEGAX T.B.A. MARKETING CONCEPTS 5760 WAYZATA BLVD. GOLDEN VALLEY, MN. 55416 RE: TIRES PLUS STANDARD 4205 NICOLS ROAD I.D. # 10-03000-011-25 Dear Mr. Gegax: The application and instructions for a variance from the water closet room for each sex is enclosed. This is for the variance from City Code #4.01, UBC 1982 Edition, Section 705. That section requires a separate facility for each sex if the facilities will be used by more than four people. You indicated that T.B.A. had remodeled to a one toilet facility in Brooklyn Center. My investigation revealed that the original place of business in Brooklyn Center had only one toilet while your Eagan facility originally had two.. Please forward your application to City Planner, Dale Runkle, for processing. Sincerely, Dale Zle� Chief Building Official DP/js Encl. CC: CTom_Hedges—City=Administrator Dale Runkle, City Planne—� Parcel File 83 THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR • FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: MARCH 1, 1984 SUBJECT: PUBLIC WORKS MAINTENANCE DEPARTMENT POLICY - DAMAGED BOULEVARD RESTORATION As you may be aware, during the first initial snowplowing opera- tions performed by the Public Works Maintenance Division, there are several locations where boulevard sod was damaged due to the fact that the ground had not yet frozen and the snowplow blade damaged a portion of frontyard areas due to the fact that it is very difficult to define the curb alignment for heavy accumulation first snow falls without previous snow banks to guide the way. Subsequently, the Public Works Maintenance Division receives a considerable number of phone calls notifying us of the damage situation as it occurs. Once the Maintenance Division receives this information, we make a list for repair the following spring. The Public Works Department has the following policy as it pertains to the restoration of these damaged areas: SOD REPLACEMENT: Those areas of lawns/boulevards that were • amaged y t e snowplow that can readily be repaired/restored through new sod installation will be performed by the Public Works crews as soon as sod becomes available from suppliers. Past experience indicates that, dependent upon wet/dry spring conditions, the average date that sod becomes available is approxi- mately May 15. SEEDING: Those areas that are too small to be effectively repaired/ restored with standard -width strips of sod are performed by placing high-quality topsoil and seed. This seed restoration can occur as soon as the last freeze has occurred which his- torically has been approximately May 1. Subsequently, we anticipate beginning this boulevard/lawn restora- tion approximately May 1 and anticipate that it will take approxi- mately one month to restore and repair all damaged areas within the City that occurred from the previous snow removal season. In the past, we have had good success and acceptance with this policy and procedure. If you receive any questions, comments, or complaints pertaining to boulevard damage and required restora- tion, I would appreciate it if you would forward it directly to Public Works Maintenance Division so that it can be incorporated in their list of repairs. Please feel free to share this with other individuals that you • feel may benefit by this information. Respecfkully su m'tt , om�ol ert, P.E. $4 Director of Public Works cc: Bill Branch, Supt. of Streets/Equipment TAC/kf