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01/15/1985 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL JANUARY 15, 1985 6:30 P.H. - I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:40 - DEPARTMENT HEAD BUSINESS �.� A. Fire Department 1C. Park & Recreation Department B. Police Department 3 D. Public Works Department IV. 6:55 - CONSENT AGENDA 6A. Contractor Licenses JB. Eagan Optimists Club for Temporary Gambling License Applica- tion for Raffle to be Held April 1, 1985 C. Mn DOT Plans & Specifications, I -35E Paving & Fencing PIE.D. Personnel Items P9 E. Waiver of Plat/Split Duplex Lots for Sunshine Construction Lot 8 & Lot 12, Block 1, Oakwood Heights 2nd Addition F. Waiver Plat/Split Duplex Lots for Sunshine, Construction, Lot ./I G. 1, Block 1, Suncliff 1st Addition Resolution Authorizing Participation in the Control Data Business Advisors, Inc., Joint Comparable Worth Study 11 H. Project 405, Rahn Road Street Improvements to Cancel 1-2-85 `+ City Council Action & Establish a Public Hearing for the 2- 5-85 City Council Meeting to Reconsider the Proposed Improvements P.41. Project 431, Receive Petition/Order Feasibility Report (Johannes Addition - Trunk Storm Sewer) J. Project 428, Receive Feasibility Report/Order Public Hearing / (Cedar Industrial Park - Street & Storm Sewer) 'pppp /9 K. 1985 Trunk Related Assesment Rates Z� L. Final Plat Application, Flour Bin International 1st Addition (Rand Incorporated) q Z=j M. Final Plat Application, Wescott Hills Revised 2nd Addition / (Kendale Incorporated) V. 7:00 - PUBLIC HEARINGS A. Project 413, Cedar Grove 4th Addition (Street / Reconstruction) (Continued from the 12-18-84 meeting) 9 Z1 B. Vacation of Ponding Easement, Holmes Addition (Continued from the 1-2-85 meeting) 41 C. Final Assessment Hearing, Project 395I, Lexington Avenue (Trunk Water Main) 30 D. Final Assessment Hearing, Project 396, Westbury 1st & 2nd Additions (Streets & Utilities) V.32 -E. Final Assessment Hearing, Project 401, Lexington Square (Trunk Sanitary & Storm Sewers) y 3y4F. Consideration of Multifamily Housing Bonds for the Blackhawk Townhouse Project VI. 1985 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS A. Acting Mayor F. Health Officer B. Legal Newspaper G. City Council Meetings C. City Depositories H. Committee Appointments D. Official Posting Places (Council) E. Advisory Commission Appointments I. Fiscal Consultant (Resident) J. Legal Consultant K. Consultant Fee Schedule VII. OLD BUSINESS It A. Dominium Group (Janck Safar) for Preliminary Plat of Thomas Lake Place Containing 238 Multiple Dwelling Units on Approximately 17 Acres Located in Part of the SE 1/4 of Section 28, East of Thomas Lake Road and North of Cliff Road LB. Alscor/Opus Corporation for Preliminary Plat of Lemay Lake 1st Addition & a Concept Plan for Adjacent Commercial Land, Consisting of Approximately 290 Apartment Units on 17.7 Acres Located in the NE 1/4 of Section 10 and Establish a Date for a Public Hearing to. Consider Multi—Family Housing Revenue Bonds in the Amount of $13,000,000 for the LeMay Lake VIII. NEW BUSINESS A. Brad Ragan, Inc., for Conditional Use Permit to Allow a Pylon Sign at 3815 Nicola Rd., Park of the N1/2 of the NW1/4 of Section 19 I ,4 B. M. G. Astleford for Preliminary Plat of Rahncliff 2nd Addition, Consisting of One Office Building on 5.7 Acres, Outlot B, Rahncliff Addition, Part of the NW1/4 of Section 32 ,t .p b5 C. Salary Compensation Consideration for 1985 IX. / ADDITIONAL ITEMS X. VISITORS TO BE HEARD (for those persons not on the agenda) XI. ADJOURNMENT 2 MEMO TO: FROM: DATE: HONORABLE MAYOR AND CITY COUNCILMEMBERS CITY ADMINISTRATOR HEDGES JANUARY 10, 1985 SUBJECT: AGENDA INFORMATION After approval of the January 2, minutes and further, the agenda for t000cil meeting, the followwing items 1985, regular City Council the January 15, 1985, City are in order for considera- FIRE DEPARTMENT A• Fire Department - Fire Department at this timers are no items to be considered under POLICE DEPARTMENT B. Police Department-- ing that consideration be Police Chief Berthe is for a o the transfer of a manpowerallocation given tion one-half time Cadet position to that of a one-half Clerk-Typist/Receptionist. ' the 1985 budget and after Both to were time determined b further reviewing requested in Y police personnel that the Clerk-Typist/Receptionist need, it was on a part-time basis has a greater need at this time. For additional than the Cadet request b information on this position y the Chief of Police, refer to page item and a a PARKS & RECREATION DEPARTMENT r. Parks & considered under ReParks l&n Department -- There are o Recreation Department at this time. to be M 3830 Pilot Knob Road Eagan, Minnesota 56122 20 December 1984 TO: Thomas L. Hedges, City Administrator FROM: Chief of Police SUBJECT: HALF TIME CADET POSITION police department AV M. eERTNE GNwa . PATRICK J. GEAGAN KENNETH O.A MANN 0.d.n. U,.1. After receiving the final 1985 budget adjustments regarding person- nel for the Police Department, my staff and I discussed each of the positions allowed in the budget. We found each position justified with the exception of the half time (1040 hours)Cadet position. My staff and I fully agreed that instead of the half time Cadet position,we could better utilize the half time Clerk Typist/Recep- tionist position in all respects for an overall increase in productivity within our department. The Clerk Typist/Receptionist position was cut from our budget but upon final analysis, we find this position needed much more than that of the Cadet. We currently have a half time Clerk Typist/Receptionist working for us, handling walk-ins, typing reports, etc. The new half time position would then amount to two half time persons working a 40 -hour a week position. This would allow more flexibility to cover the position than would one full-time employee. If approved, the cost for the half time Clerk Typist/Receptionist would 'actually be a savings in the budget because of the hourly pay structure. I would recommend that the half time Clerk Typist/Receptionist position be approved over that of the half time Cadet. Thank you for your consideration. ^ Ja Berthe L' JMB/vk THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Agenda Information Memo January 'o15, 1985 City Council Meeting 4 PUBLIC WORKS DEPARTMENT D. Pulbic Works Department the Water Filtration Treatment increased the water user fees cost. As the Council recalls, to finance the construction of the following three methods: With the pending completion of to ahel the City Council recently finance the retirementof ticonstruction the bonds sold this facility are financed through I. Increase in quarterly user fees. 2• Capital fund from previous surcharges. • 3. A surcharge on each new connection. The feasibility report that was prepared in November and presented through the public hearings of 1982 that the of 1981 water rate increase would be 15tof 1 estimated the connection surcharge starting at $450 Council gallons with anticipated fund awars�bal balance through at bids and unit. As the approved from previous greater than water rate increase surcharges, the recently (46%) as compared to the estimate, limited to 6.9C/1000 gallons surcharge on building permits surcharge compared to the estimated $450/unit (29g)_ Y� the connection been reduced to $132/unit Therefore, the staff is recommending that the Cit formal action to inititate a connection $132/sac unit Y Council take for 1985 to be retroactive permit surcharge of increase by $29/year thereafter for the 20 to January 1 and to • tion bond repayment schedule. Enclosed Years of the construc- copy of the "Capital Recovery Schedule'�n howi n is revenue sources a treatment necessary to finance the constructions various facility. of this ACTION TO BE CONSIDERED ON THIS ITEM: To connection permit surcharge of $132/sac approve a water January 1, 1985 unit utility , to be increased by $24/year.retroactive to CAPITAL RECOVERY SCHEDULE E-51910 Annual Avg. Estimated Connection Charge Surcharge Rates Per Total Bond Fund New Total Conn. Water Sold 1000 gal. Charge Per Conn., Income Rale Per Conn. Income RateWater 1000 gal. Income Income Expenses Transfer Balance Year -- Conn. - $1,425,000 1984 620 7,282 1,250,000 $132 $ 81,840 $24 $174,768 $0.069 $ 86,250 $342,858 $595,225 $252,767 1,172,6 J3 1985 650 7,917 1,324,640 156 101,400 24 190,008 0.069 91,400 382,808 586,725 203,917 968,716 1986 670 8,577 1,392,930 180 120,600 24 205,848 0.069 96,112 422,560 602,162 179,602 789,114 1987 650 9,237 1,457,920 204 132,600 24 221,688 0.069 100,596 454,884 591,537 136,653 652,461 1988 630 9,877 1,513,110 228 143,640 24 237,048 0.069 104,405 485,093 604,850 119,757 532,704 1989 600 10,492 1,610,760 252 151,200 24 251,808 0.069 111,142 514,150 592,100 77,950 - 454,754 1990 570 11,077 1,703,760 276 157,320 24 265,848 0.069 117,559 540,727 674,788 134,061 320,693 1991 1992 530 11,627 1,792,110 300 159,000 24 279,048 0.069 123,656 561,704 652,912 91,208 229,485 500 12,142 1,874,260 324 162,000 24 231,408 0.069 129,324 582,732 726,662 143,930 85,555 1993 500 12,642 1,951,760 348 174,000 24 303,408 0.069 134,671 612,079 695,600 83,521, 2,034 1994 500 13,142 2,029,260 372 186,000 24 315,408 0.069 140,119 641,427 663,925 22,498 - 20,464 1995 500 13,642 2,106,760 396 198,000 24 327,408 0.069 145,366 670,774 679,600 8,826 - 25,290 1996 500 14,142 2,184,260 420 210,000 24 339,408 0.069 150,714 700,122 642,700 - 57,422 28,132 1997 500 14,642 2,261,760 444 222,000 24 751,408 0.069 156,061 729,469 605,700 -123,769 151,901 1998 1999 500 15,142 2,339,260 468 234,000 24 363,408 0.069 161,409 758,817 568,600 -190,217 342,118 2000 500 15,642 2,416,760 492 246,000 24 375,408 0.069 1666,756 788,164 531,400 -256,764 598,882 2001 500 16,142 2,494,260 516 258,000 24 387,408 0.069 172,104 817,512 494,000 -323,512 922,394 2002 500 16,642 : 2,571,760 540 270,000 24 399,408 0.069 177,451 846,853 456,400 -390,459 1,312,853 2003 500 17,142 2,649,260 564 282,000 24 411,408 0.069 182,799 876,207 418,800 -457,407 1,770,260 2004 500 17,642 2,726,760 588 294,000 24 423,408 0.069 186,146 905,554 - 0 - -905,554 2,675,814 E-51910 Agenda Information Memo January 15, 1985 City Council Meeting Page Three •MUMNEREM There are thirteen ( 13) items on the agenda referred to as consent requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the consent agenda and placed under additional items unless the discussion required is brief. CONTRACTORS LICENSE A. Contractors License doing work have been d • g in the seven county metropolitan area or the City h Eagan and are considered reliable upon a detailed reference check by the Chief Building Inspector. All the necessary documents and fees have been submitted, and it is the recommenda- tion of the Chief Building Inspector that these contractors be licensed according to the City Code. A copy of the list Of contractors is enclosed on page _/&— for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the submitted for contractor license. list as n LJ • • CONTRACTOR'S LICENSE - JAMIARY 15, 185 GFNEFAL CONTPA.CTORS 1. ORV BAK= ( INSULATION ) 2. D.Y.F. CONSTRUCTION, INC. 3. PF -ARSON C01IST., G.D. 4. QUALITY E:'-ERICRS, INC. 5. TO"M TF.U!T, MARKETS, I??C. 6. WTTCHFP. CONSTRUCTION CO. FFATINO/VENTILATING 1. ADVANCED HEATING 9: AIR CONDITIONING 2. AIfEP.ICAN BURN&R SERVICE 3. BOSTRM! SHFET':'77AL WORF.S, INC. 4. COOL AIR MECWTICAL, INC. 5. EQUIP?,fMT SUPPLY, INC. 6. HARRIS.hECHANICAL CONTRACTING 7. ITTRO AIR, 8. MODERN FFATING r AIR CONDITIONING 9. SBS AMCFANICAL, INC. 10. FRED VOLT & CO`.TA.iIY 11. YALE, INC. WATER 90FTnfrR 1. LEO'S PLLMING 2 1. LFO'S PL17MING 2. MOTZ PLUT.MING P: HFATING 3. MUPR PLUTMING, INC. 4. R.C. PLUMIM, 5. STANT PLU!TING ?, HEATING 6. RAY STEGORA PLU1.iBING CO. 7. STEINS, INC. 8. VAI:LEY PLU?.MING Agenda Information Memo January 15, 1985, City Council Meeting Page Four TEMPORARY GAMBLING LICENSE/OPTIMIST CLUB OF EAGAN B. Eagan Optimist Club for Temporary Gambling License Application for Raffle to be Held April 1, 1985 -- An application was received from Michael Schultz and Gary Morgan representing the Optimist Club of Eagan for a temporary gambling license to conduct a raffle. The membership will sell raffle tickets with a drawing to be held April 1, 1985. The Police Department has made an investigation of' this application and reports there are no reasons found by the Eagan Police Department to consider denial of the application. City Council has previously requested the gambling license applications be provided as a part of the packet informa- tion. This application is included without page number. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve a temporary gambling license application submitted by the Eagan Optomist Club for a raffle to be held April 1, 1985. • Agenda Information Memo January 15, 1985, City Council Meeting Page Five APPROVE PLANS & SPECIFICATIONS/I-35E C. Approve MnDOT Plans and Specifications, I -35E (Paving and Fencing) -- We have received the final detailed plans and specifi- cations providing for the final surfacing and fencing necessary for the completion of I -35E from the Cedar Freeway interchange to Lone Oak Road. The two major concerns pertaining to the fence location adjacent to Hillandale #2 Addition and Mission Hills Park (Vienna Woods) have been satisfactorily resolved with MnDOT and the fencing will be relocated in accordance with the City's requirements. MnDOT proposes to go out for bids on January 25, 1985, with construction to begin May 1 and completion no later than November 1 of 1985, at which time this final segment of I-35 will be fully open to traffic. ACTION TO BE CONSIDERED ON THIS ITEM: Pass a resolution approving • the construction plans and special provisions for S.P.19.82-69 (concrete paving and fencing) and authorize the Mayor and City Clerk to execute all related documents. 40. 211 Agenda InfoYmation Memo January 15, 1985, City Council Meeting Page Six PERSONNEL ITEMS D. Personnel Items -- Clerk/Typist Position for Protective Inspec- tions and Parks & Recreation Departments - In the Spring of 1984 a temporary clerk/typist position was approved by the City Council for the Protective Inspections and Parks & Recreation Departments. Nancy Bryant was hired effective April 23, 1984, to fill that position on a temporary basis. It is the recommendation of Chief Building Inspector Peterson and Parks & Recreation Director Vraa that Nancy Bryant be hired as the permanent part-time clerk/typist for their departments. Ms. Bryant was informed by the Department heads that this request will be presented to the City Administrator and City Council effective January 1, and formally considered at • the January 2 meeting. Due to Ken's accident and absence from work during that period of time the request was delayed. Assuming no objection by the City Council the official starting date for Ms. Bryant as a permanent employee would be January 1, 1985, as noticed by her immediate supervisors. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Nancy Bryant as the 1/2 time permanent clerk/typist for Protective Inspections and Parks & Recreation Department with her employment status starting officially January 1, 1985. WAIVER OF PLAT/OAKWOOD HEIGHTS 2ND ADDITION E. Waiver of Plat/Split Duplex Lots for Sunshine Construction Lot 8 and Lot 12, Block 1, Oakwood Heights 2nd Addition -- An • application for waiver of plat was submitted by Sunshine Construc- tion for Lot 8 and Lot 12, Block 1, Oakwood Heights 2nd Addition. The waiver of plat is merely a technicality to split two duplex lots into separate parcels for individual ownership. The existing houses meet all the setback and lot coverage requirements of an R-2 District. On May 1, 1984, a 10' front setback variance was granted for Lot 12. It has been a previous ruling of the City Council that a waiver of plat for these purposes is to be considered as a consent item. For a copy of the surveyors certificate and location of the property refer to pages A0 through 1L. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the waiver of plat for Sunshine Construction for the purpose of splitting an existing duplex lot into separate parcels for individual ownership for both Lots 8 and Lot 12, Block 1, Oakwood Heights 2nd Addition. 0 SURVEYOR'S 'CERTIFICATE * ' 'SUNSHINE CONSTRUCTION CO. \ / s Of Vol 0 RT N• �( ��NE ,b "cNb is }go"'N88°43'39"E x4082- �Gj bb �-30.12 .; £XISTIN G A £ �� I •v � io 2 bh _ Z � 1 b V lg1o4 4108 25 2s b � c _ ' 5ti s OSED . EL A ! q N86°58;20"W /32./5 V co S'LY LINE OF LOT 8 Jo 3 J O SCALE 1=40 /1) R ¢ J o\`' 24.27 PER PLAT / �6 N86°58;20"W /32./5 V co S'LY LINE OF LOT 8 Jo 3 J O SCALE 1=40 /1) SURVEYOR'S*. CERTIFICATE .� of f '1_i� O " O ' 5 \ 1 I ` O ` LOT \q /w \syr P= 30, 12 ui O \O_ PROPOSED o \ sm \ PARCEL A C) m PROPOSED \ PARCEL B . - 9 y �. �.. � •.. � 891.8 904.0+ X198.9 ` I 80. a \ 50 \COMMONPARTY.� y20.00 I v OO „1 \ bWALL ONLINE `p�� E�� . 5 N GJ N GR m w % % 20.33..:, q.$9.5(}j9k0 904.00+' r� — — — 199A � ,011 97.49 - 01 XB99.t ' D?129°5Ra1870f �s � �30 DR. N ro 25 �0 R \\ GOL)� P Agenda Information Memo January 15, 1985, City Council Meeting Page Seven WAIVER PLAT/SUNCLIFF 1ST ADDITION - SUNSHINE CONSTRUCTION F. Waiver Plat/Split Duplex Lots for Sunshine Construction Lot 1, Block 1, Suncliff 1st Addition -- An application was received from Sunshine Construction requesting a waiver of plat in order to split an existing duplex lot into separate parcels for individual ownership. The existing home meets all the setback and lot coverage requirements for an R-2 District. For a copy of the certificate of survey illustrating the location of the duplex lot refer to page /3 ACTION TO BE CONSIDERED ON THIS ITEM: To approve the waiver of plat to split a duplex lot for Sunshine Construction Lot •1, Block 1, Suncliff 1st Addition for individual ownership purposes. • /Y W �Q C. R. WINDEN & ASSOCIATES, INC. V LAND SURVEYORS TOL 645.3646 FOR: DEER 1361 EUSTIS ST., ST. PAUL, MINN. 55105 MCKLYN CONSTRUCTION�89 65'31"ER'io�37�<�S 50.00 4,�g�32, 3`, 6 0 N \ m m � m \ r O �J V IC9 O� Nnt�o Scale: 1"=30' 0 Denotes Iron Monument All of Lot 1, Block 1, Sun Cliff First.Addition lying westerly of a line drawn from a point.on the south line of said Lot 1 distant 48.03 feet from the southwest corner of said Lot 1 to a point on the north line of said Lot 1 distant 86.60,feet easterly from the northwest corner of said Lot 1. WE HEREBY CERTIFY THAT THIS 15 A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE LAND ABOVE DESCRIBED AND OF THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON, AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND. Dated this 29-th dor of Dccemne/ A.D. 1954 C. R. WINDEN d ASSOCIATES, INC. IT byo �Gu!.Lrr.Eiw• Surveyor, Minnesota Registration No.. 7z' W O Q O !O v o om I c V) I v a c j N \ m m � m \ r O �J V IC9 O� Nnt�o Scale: 1"=30' 0 Denotes Iron Monument All of Lot 1, Block 1, Sun Cliff First.Addition lying westerly of a line drawn from a point.on the south line of said Lot 1 distant 48.03 feet from the southwest corner of said Lot 1 to a point on the north line of said Lot 1 distant 86.60,feet easterly from the northwest corner of said Lot 1. WE HEREBY CERTIFY THAT THIS 15 A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE LAND ABOVE DESCRIBED AND OF THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON, AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND. Dated this 29-th dor of Dccemne/ A.D. 1954 C. R. WINDEN d ASSOCIATES, INC. IT byo �Gu!.Lrr.Eiw• Surveyor, Minnesota Registration No.. 7z' • • Agenda Information Memo January 15, 1985, City Council Meeting Page Eight RESOLUTION ADOPTING CONTROL DATA BUSINESS ADVISORS G. Resolution Authorizing Participation in the Control Data Business Advisors, Inc. Joint Comparable Worth Study -- Attached on page is a resolution authorizing participation in the Control Data Business Advisors, Inc. Joint Comparable Worth Study. As previously explained to the City Council, Arthur Young and Associates are conducting a position evaluation, salary compensa- tion and personnel evaluation study for all City positions. The compensation plan and position evaluation as being performed by Arthur Young and Associates can be used to satisfy the comparable worth legislation. Since a number of municipalities within the metropolitan area and throughout the State of Minnesota have decided to join forces to perform a joint comparable worth study, it seemed appropriate that the City of Eagan give consideration to being a part of that plan. The cost to the City of Eagan will be. only the $3000 charge. The additional $35 per person charge for each of the 100 employees within the City of Eagan will not be assessed which is a credit given to this City due to the study presently being performed by Arthur Young and Associates. The City of Eagan will reserve the right to adopt either the comparable worth results of Arthur Young or the joint study of Control Data this fall providing maximum flexibility in its effort to safisfy the comparable worth legislation. A copy of this is found on pages through 1kL. ACTION TO BE CONSIDERED ON THIS authorizing participation in the Inc. Joint Comparable Worth Study. ITEM: To approve the resolution Control Data Business Advisors, S A M P L E R E S O L U T I O N — — — — — — — — — — — — — — — — RESOLUTION NO. RESOLUTION AUTHORIZING PARTICIPATION IN THE CONTROL DATA BUSINESS ADVISORS, INC. JOINT COMPARABLE WORTH STUDY. WHEREAS: Minnesota Statutes 471.991 enacted in 1984 requires all political subdivisions in the State to establish equitable compensation relationships among its employees; and WHEREAS: The Metropolitan Area Management Association, the Coalition of Outstate Cities, the Minnesota Municipal Utilities Association and other related public jurisdictions desire to • meet the requirements of the law through a joint job evaluation study; and WHEREAS: The Metropolitan Area Management Association in consultation with representatives of outstate cities and after meeting and conEering with representatives of organized labor screened and selected Control Data Business Advisors, Inc. as the consultant to perform the study; and WHEREAS: The cost of the study is to be divided among the participating jurisdictions in the following manner: Each entity will pay a base charge of Three Thousand Dollars ($3,000.00) and a charge per employee of Thirty-five Dollars ($35.00) per person. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of that it hereby approves participation of the City in the Joint Comparable Worth Study to be conducted by Control Data Business Advisors, Inc. BE IT FURTHER RESOLVED that the sum of based on the above specified formula be transmi'tted to the City of Golden Valley, Minnesota which city has offered to serve as the fiscal agent and contractor for the duration of the study. Dated this day of /Jr 1985. Mayor Clerk/Administrator/Manayer CITIES PARTICIPATING IN JOINT COMPARABLE WORTH STUDY Albert Lea Alexandria Anoka Apple Valley Bemidji Benson Blaine Bloomington Brainerd Breckenridge Brooklyn Center Brooklyn Park Burnsville Champlin Chaska Circle Pines Cloquet Columbia Heights Coon Rapids Cottage Grove Crookston Crystal Deephaven Delano Eagan East Grand Forks Eden Prairie Edina Elk River Excelsior Farmington Fergus Falls Forest Lake Fridley Golden Valley Hastings Hopkins Inver Grove Heights Lakeville Lino Lakes Litchfield Little Falls Mankato Maple Grove 1/8/85 = 88 Cities 14 Maplewood Mendota Heights Minnetonka Minnetrista Moorhead Mora Morris Mound Mounds View New Brighton New Hope New Ulm North St. Paul Northfield Oakdale Orono Ortonville Plymouth Prior Lake Ramsey Redwood Falls Richfield River Falls Robbinsdale Rochester Roseville Rosemount St. Anthony St. Cloud St., James St. Louis Park St. Paul Park St. Peter Savage Shakopee Shoreview So. St. Paul Stillwater Thief River Falls Wayzata West St. Paul White Bear Lake Winona Woodbury 171 Im Agenda .T.nforma,t?.on Memo January 15, 1985, City Council Meeting Page Nine PROJECT 405/RAHN ROAD STREET IMPROVEMENTS H. Project 405, Rahn Road Street Improvements to Cancel 1-2-85 City Council Action and Establish a Public Hearing for the 2-5-85 City Council Meeting to Reconsider the Proposed Improvements -- On January 7, in respone to newspaper articles regarding the Council's authorization of street improvements to Rahn Road, the Public Works Department received several telephone calls from property owners who indicated that they had not received notice of the public hearing and had several concerns regarding the project. Investigation of these complaints revealed that 38 of the 60 affected parcels to be assessed did not receive their notice of • the public hearing on January 2, 1985. It is necessary to re- schedule the public hearing and insure that all property owners receive proper notice of the proposed improvements. It is also a requirement that the action that was taken at the January 2 meeting either be rescinded or cancelled as a result of this error in procedure. ACTION TO BE CONSIDERED ON THIS ITEM: Cancel all action taken by the City Council at the January 2, 1985, regular meeting which approved Project 405, Rahn Road Streets and schedule a new public hearing for Project 405 for the February 5, 1985, City Council meeting. SPECIAL NOTE: Mayor Blomquist has indicated that she will formally announce as a part of the consent agenda discussion this error and apologize on behalf of the City for any inconvenience and misunder- standing this error in procedure has caused to the affected property owners on Rahn Road. /-7 Agenda Information Memo January 15, 1985, City Council Meeting Page Ten RECEIVE PETITION/ORDER FEASIBILITY REPORT/JOHANNES ADDITION I. Project 431, Receive Petition/Order Feasibility Report (Johannes Addition - Trunk Storm Sewer) -- We have received a petition from the developer of the Johannes Addition requesting the City's completion of the trunk storm sewer facilities which will cross the northern and western portions of this proposed addition located north of the Windtree Addition and west of Elrene Road. As a condition of the preliminary plat approval, it was required that the trunk storm sewer facilities be initiated by a City contract prior to final plat approval. ACTION TO BE CONSIDERED ON and authorize the preparation 431 (Johannes Addition - trunk RECEIVE FEASIBILITY REPORT THIS ITEM: Receive the petition of a feasibility report for Project storm sewer). DER PUBLIC HEARING/CEDAR INDUS. PK. J. Project 428, Receive Feasibility Report/Order Public Hearing (Cedar Industrial Park - Street and Storm Sewer) -- In response to the proposed development of a maintenance facility by the MWCC at the northeast intersection of Kennebec Drive and Comanche Road, on November 20 the City Council approved the Public Works Director's request to prepare a feasibility report to discuss the required storm sewer and street improvements within the overall Cedar Industrial Park. This feasibility report has been completed and is now presented to the City Council in consideration of scheduling a public hearing to be held on February 19, 1985. Due to the fact that this proposed improvement incorporates several alternates, the Council may wish to review these prior to the public hearing and provide the appropriate direction for a presentation at the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 428 (Cedar Industrial Park - street and storm sewer) and schedule the public hearing to be held on February 19, 1985. I ?, Is Agenda Information Memo January 15, 1985, City Council Meeting Page Eleven 1985 TRUNK RELATED ASSESSMENT RATES K. 1985 Trunk Related Assessment Rates -- On an annual basis, the Public Works Department, through its consulting engineering firm, updates the "predetermined" trunk related assessment rates for benefit received from the installation of the following "trunk" improvements: 1. Sanitary sewer - trunk area and lateral benefit. 2. Water - trunk area and lateral benefit. 3. Storm sewer - trunk area and lateral benefit. 4. Streets - zoning equivalent. • Enclosed on page a D is a summary of the proposed rates for 1985 which represents a 6-78 increase in all related rates. This rate study took into consideration the cost of construction of comparable improvements by evaluating the unit prices of past contracts and including the estimated overhead associated with public improvements. Copies of the complete report will be forwarded to the Council members under separate cover for their detailed review and approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1985 rates for trunk related assessments to become effective January 1, 1985. • /9 E • SUMMARY TRUNK ASSESSMENTS I. UTILITY ASSESSMENT TRUNK AREA II. UTILITY ASSESSMENT LATERAL BENEFIT FROM TRUNK Proposed 1985 Rates Lateral Benefit from Trunk Sanitary Sewer $28.69/centerline ft. Lateral Benefit from Trunk Water Main, Single Family $23.75/centerline ft. Multi -Family Comm/Ind. $39.14/centerline ft. III. STREET Proposed 1985 Rates A. Road User Charge $280/residential unit B. Equivalent Zoning STREET - Residential Equivalent (32') $32.45/F.F. Multiple Equivalent (44') $60.92/F.F. Commercial/Industrial Equivalent (52') $75.43/F.F. TRAILWAY (Concrete or Bituminous) $11.36/F.F. C. Lateral Storm Sewer Equivalent Assessment Rate $ 9.80/F.F. (1) For accounting purposes Main Oversizing shall be $1,190/acre and Water Supply and Storage shall be $1,830/acre. 4929c 7n - 16 - Proposed 1985 Rates Trunk Sanitary Unplatted $1,190/Ac. Sewer Oversize Platted Res. $570/lot Trunk Water Main Agricultural or $1 190/Ac. Oversize Residential $570/lot Water Supply S Single Family $500/lot Storage (W.A.C.) Multi -Family $400/Unit Water Supply & Storage b Main Oversizing Comm. S Ind. $3,020/Ac.(l) Trunk Storm Sewer Single Family $0.048/s.f. Oversize Multi -Family $0.061/s.f. Comm. 6 Ind. $0.072/a.f. II. UTILITY ASSESSMENT LATERAL BENEFIT FROM TRUNK Proposed 1985 Rates Lateral Benefit from Trunk Sanitary Sewer $28.69/centerline ft. Lateral Benefit from Trunk Water Main, Single Family $23.75/centerline ft. Multi -Family Comm/Ind. $39.14/centerline ft. III. STREET Proposed 1985 Rates A. Road User Charge $280/residential unit B. Equivalent Zoning STREET - Residential Equivalent (32') $32.45/F.F. Multiple Equivalent (44') $60.92/F.F. Commercial/Industrial Equivalent (52') $75.43/F.F. TRAILWAY (Concrete or Bituminous) $11.36/F.F. C. Lateral Storm Sewer Equivalent Assessment Rate $ 9.80/F.F. (1) For accounting purposes Main Oversizing shall be $1,190/acre and Water Supply and Storage shall be $1,830/acre. 4929c 7n - 16 - Agenda Information Memo January 15, 1985, City Council Meeting Page Twelve FINAL PLAT APPROVAL, FLOUR BIN INTERNATIONAL 1ST ADDN. L. Final Plat Approval, Flour Bin International 1st Addition (Rand Incorporated) -- We have received an application for final plat approval for the Flour Bin International 1st Addition located at the southeast corner of Cliff and Nicols Road. Enclosed on page _J)�- is a copy of the proposed final plat for Council's information and consideration. All conditions of the preliminary plat approved by the Council on September 4, 1984, have been complied with along with the submission of all required final plat application materials, contracts, fees, etc. The staff is recommending favorable consideration of this application. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat application for the Flour Bin International lst Addition and authorize the Mayor and City Clerk to execute all related documents. • oL.Yw ue mrynr unn•u w CEIDARVE w ACDF 110N cc a ii Y 0 rrr FLOUR 11 ROAD .YO 32 (CLIFF ROAD) .. r 'r • er■{ ua w{ ww ulu mvrf: .nl' 1. Rr.l YY,I X. Y IY m.a.mN°i..i[ii.:f:.�• 33 11.1. rr nrW. I is Y,./W rn r 1/1 .I r.l 1/I .I 1w11Y ll. -j ,. Iu.m• u. ,W Y. .,w,Y� u w ■ N 6 l I•, r. . Yi1W r� Y rM n..m I, y J �Z II CEIDARVE w ACDF 110N cc a ii Y 0 rrr FLOUR BIN INTERNATIONAL 1ST ADDITION .. r 'r • er■{ ua w{ ww ulu mvrf: .nl' 1. Rr.l YY,I X. Y IY m.a.mN°i..i[ii.:f:.�• 11.1. rr nrW. I is Y,./W rn r 1/1 .I r.l 1/I .I 1w11Y ll. -j ,. Iu.m• u. ,W Y. .,w,Y� u w l I•, r. . Yi1W Y rM n..m J W Yy[ .1A.1.YyI 1..l YI.lI 11YNYN __—____ Ir1Y IYlI I.1. 1/L .tl nY'r1Y. 11Y .r11 Y Nu Itl I CLIFF XMD) I(oi u: IYYunYY Yiwma .tl r rs. xO9'O■'•/'E — .._ ni`w w w.dMi�..�•.I.rr`.iu ul W rY r.r 8 u on.:r� iY:iy.:i w �ui.:i :L::i: QC010JlY ROAD Na 32 Y I uY.`:ui. • —POO I6 N■Tl9N'F — I..nnnr Y Y nu 1. __ 'I YiY. Ln Wm[r�Yw LOT I I LOT Y I "-""'-- I B L OI IC K I ■ .....1. o..W. �I � �w•�uuI = f1.11b XIWf01L IN •ytl�- I,Y ... n.W... .... 1 ■ ■■P'PYY'W 7 • Nrnl YN Yun IOM O Ni1N 1/1' 1 IL' IN 1pWL11 YI w WYL N 1.1 J. N. ILLN M .1 1. 1 W N Y Y YruY[O 10 YK Y.'sr V wllN'N 1 b1.rl M1Y [r.Y. X u.n v rmau rY•rY Ylw r..lY ..f.Mr.rW YY 1•[aWlr 4rlm _ Wrl OYWMIL {mllrl lr. � pl..l .611-M W bfr IYIm 1 Y 1 1 Y Y rl[IIY Y r.Yr1r W[r1YI Y YI[ Y 1`Y RW Y1 YIYYII(wY li;wlllr. YYYII IRa....e .`pll'.11 1 n[IIIX.Iu.I Im W I U.'m1.lx W`wrl Ilu.. [[II Yu[u1N wY L. I W, Iw Lrwpr ml Y rrrwu (Y•M1 Or AYVI. IY Iergeln Ln.,or'�Yrirllur. rr [w.ul.urL Ym.. tl uu N_.>I4n1I L. rr�r W. Xl.uwu 41[nw wY. q [uY.lr r.rinr YII N. IW YY , uruy u.rrw_Y .I 4w. rWYY YWM YI. rl.[. u. �:r: LWT IwrWr. r�w wWY.. uY rl.[ r•: rr ti rW�YYI it L{nYrr. W.Y (ur1 rl.{ r�llr ur, of �.r Iro. n� Ln WI uuu w wlnu .. .IrruY rwul r• fuu[n [Y.1 ; q n Y. N.eui."Lu..1 LYII Im. 1 1 LaY.lann of brat. ;wll. . .1 r Y: IYIW110.Y Y151 w111Y Yu w. Yu r YY a w IWYu YI rl�'•r�_. 11_. YIrY (rq. YI W On.w[.e 1 u Y. Ir1Y 1. Wn1 w.r.rr b1eY Wn/. 11WrrY JAMES R. Agenda Information Memo January 15, 1985, City Council Meeting Page Thirteen FINAL PLAT APPLICATION, WESCOTT HILLS REVISED 2ND ADDN. M. Final Plat Application, Wescott Hills Revised 2nd Addition (Kendale Incorporated) -- We have received an application for final plat approval of the Wescott'Hills 2nd Addition as submitted by Kendale Incorporated. This 2nd Addition is a replat of the existing lots and an expansion of some of the outlots previously platted under the Wescott Hills Revised Addition located south of Lone Pak Road and west of Mike Collins Drive. Enclosed on page is a copy of the proposed final plat for the Council's information and consideration. All conditions of the original preliminary plat for the Wescott Hills Revised Addition as approved by Council action on April 17, 1984, have been complied with • along with the satisfactory submission of all final plat applica- tion materials, documents, fees, etc. The staff is recommending favorable consideration of this application. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat application of Wescott Hills Revised 2nd Addition' as submitted by Kendale Incorporated and authorize the Mayor and City Clerk to execute all related documents. I ,;7�_ WESCOTT HILLS R E V I S E D IND ADDITION If.r--• I 'a Y:4TT aD To f l HILLS F7,D '.,URT „ _ _ _ _ 5 , A3 iJ :J. ;(/Pi - ��'--- X3 4: . - IF. �- ---- ., O I, 3 rJ L. SC:'.•T1 g_� OUTLOT B s ,= 2 9 I xlw -9!9.31' !•[ !11.95-- - 1 ,I O/ I -Ne9. 16'1.'• 32fi.9fi-- W IDI.VI m.m 9!.61 :V3 Q r _ A K;i. S:l. A. I, S 1e k ./ ... 13 3 _ 2 I w 5 Tq -- 'j A R E sao ze T1. 5N']\'.s'[ I].m /.bnuT[nl I[I aM m°121e 03'On \ p fll'.1 14 a4/3 ,p _ `! -c2. _ _ -599•31V5'E 399.2. i _ T2 - (n n.Y .-L�!'Ai� !''A•\0` .1.4 �rOe 7l 4 O seeorl "F[ Q CIl on C. c21 M oC. m , "I o] IT, c:l cN x52. -4�4 2 ]b'DD•L .a.4 iA: �y,f�•. .• 9La.q - 10 II 12 TNI]`_ r`3 -�I eaq,T,ai.on No. /0930, cn/err o IYF•.r1]c 3Mnn The nest /me of M50717HILL6 CS IT.Ts"neC Ie nave a Oeer.n9 o/ NO'7a'00'W UTILITY A" pOueatt [u1WITTS cM ypx ],y]: ]0 eurc a ITT i+.m]N exD [DJmYInc LOT [ N D a L q VNl[]]NTM[9v11[ INDICA]LD [NO 10 ]LLT I IDT' eO SRL[""I. U.1.111M.MIT UT.c. r[ Mc COMBS — NNUTSON ASSOCIATES. INC. [• N L[ x f N D e V L V L r 0 I] SHEET 2 OF 2 SHEETS ]!F 1e m L To f l 1 1 _ _ _ _ 5 F se]•3a' IVC no.00 - ��'--- X3 4: . - IF. �- ---- ., O OUTLOT B s ,= 2 9 I xlw I -Ne9. 16'1.'• 32fi.9fi-- - Y Q -N99'3fi' 1. • ID.s.IDJ :_ J A K;i. S:l. A. I, k ./ ... w N v •2r u�e a:m v •lr me Y. [ 'i.w • Denotes '12 rT,A by sao ze T1. 5N']\'.s'[ I].m /.bnuT[nl I[I aM m°121e 03'On eaq,T,ai.on No. /0930, cn/err o IYF•.r1]c 3Mnn The nest /me of M50717HILL6 CS IT.Ts"neC Ie nave a Oeer.n9 o/ NO'7a'00'W UTILITY A" pOueatt [u1WITTS cM ypx ],y]: ]0 eurc a ITT i+.m]N exD [DJmYInc LOT [ N D a L q VNl[]]NTM[9v11[ INDICA]LD [NO 10 ]LLT I IDT' eO SRL[""I. U.1.111M.MIT UT.c. r[ Mc COMBS — NNUTSON ASSOCIATES. INC. [• N L[ x f N D e V L V L r 0 I] SHEET 2 OF 2 SHEETS • • 21 Agenda Information Memo January 15, 1985, City Council Meeting Page Fourteen CEDAR GROVE 4TH ADDN./STREET RECONSTRUCTION/CONT'D FROM 12-18-84 A. Project 413, Cedar Grove 4th Addition (Street Reconstruction) (Continued From the 12-18-84 meeting) -- At the December 18 Council meeting, the public hearing was held pertaining to the proposed reconstruction of streets and installation -of storm sewer facilities for the Cedar Grove 4th Addition. At the conclu- sion of the staff's presentation and discussion by the Council and public, this public hearing was continued until January 15 to allow additional input from the affected residents of the subdivision. Enclosed on page ?(,, is a letter sent to all property owners proposed to be assessed under Project 413 informing them of this continued public hearing with a request for their personal attendance to provide additional input for Council consideration. Staff does not plan on repeating the detailed slide presentation presented at the previous public hearings unless specifically requested to do so. ACTION TO BE CONSIDERED ON THIS ITEM: To and approve/modify/deny the proposed reconstruction for the Cedar Grove 4th 413. e7.5 close the public hearing storm sewer and street Addition under Project OF 3830 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 December 27, 1984 ALL PROPERTY OWNERS OF THE CEDAR GROVE 4TH ADDITION Re: Project #413, Public Hearing Cedar Grove 4th Addition — Storm Sewer & Street Reconstruction Dear Property Owner: BEA BLOMQUIST Mayor THOMASEGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER Coumd Me.mr, THOMAS HEDGES City ACmiNstrator EUGENE VAN OVERBEKE City Clerk As you are aware, a Public Hearing was held on December 18, 1984, in the City Council Chambers to discuss the proposed installation of additional storm sewer laterals, concrete curb and gutter, street rehabilitation and an overlay for the Cedar Grove 4th Addition. This was part of an overall Public Hearing discussing proposed street rehabilitation projects within the Cedar Grove 3rd, 4th and 5th Additions. At the December 18th Council meeting, the Council formally denied the proposed improvements to the Cedar Grove 3rd and 5th Additions based on the number of people_ present who opposed the project as compared to those present who were in favor. When a hand count was taken of those residents within the Cedar Grove 4th Addition who were in favor/opposed to the proposed improvement as discussed, a show of hands revealed that approximately half of the people present were in favor with the other half being opposed. Subsequently, the City Council continued the Public Hearing regarding street and storm sewer improvements for only the Cedar Grove 4th Addition to the January 15, 1985 meeting at 7:00 P.M. The City Council wants every resident to be aware that it is very important that you attend this continued Public Hearing to inform the Council personally what your desires are for this improvement. Therefore, I would like to encourage all of you to attend this Public Hearing at 7:00 P.M. on January 15, 1985, at the City Council Chambers, to be actively involved in the decision making process for proposed improvements within your subdivision which will be directly affecting your property. Sincerely omas A. Colbert, P.E. Director of Public Works cc: The Mayor & City Council TAC:jbd Thomas L. Hedges, City Administrator THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Agenda Information Memo January 15, 1985, -City Council Meeting Page Fifteen VACATION/PONDING EASEMENT/HOLMES ADDITION B. Vacation of Ponding Easement, Holmes Addition (Continued From the 1-2-85 Meeting) -- On December 4, the City Council approved the execution of a Quit Claim Document releasing all rights by the City to a previously acquired ponding easement over all of the property recently platted into the Holmes Addition. However, the City Attorney has indicated that a formal vacation process must be fulfilled to clear any potential future title problems. Subsequently, notices were published in the legal newspaper and sent to all potentially affected utilities informing them • of the public hearing scheduled to be held on January 15, 1985. As of this date, the staff has not received any objections to the vacation of the ponding easement rights previously conveyed to the City in 1972. All necessary utility and ponding easements have been properly dedicated and conveyed to the City through the platting of the Holmes Addition. ACTION TO BE CONSIDERED ON THIS ITEM: Close the public hearing and approve/deny the vacation of the 1972 dedicated ponding easement incorporating the present Holmes Addition. • .,77 Agenda Information Memo January 15, 1985, City Council Meeting Page Sixteen FINAL ASSESSMENT HEARING/LEXINGTON AVENUE C. Project 395I, Final Assessment Hearing, Lexington Avenue (Trunk Water Main) -- On December 18, 1984, the Final Assessment Roll for Project 3951 was presented to the City Council with the final assessment hearing scheduled for January 15, 1985. Enclosed on page ,� q_ is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on April 3, 1984. All notices have been published in the legal newspaper and sent to the affected property owners informing them of the final assessment hearing to be held on January 15, 1985. As of this date, the staff has not received any objections to these proposed final assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the Final Assessment Roll for Project 395I (Lex- ington Avenue trunk water main) and authorize the certification to the County for collection of unpaid assessments to be spread over 15 years at 11.0% interest. 7_ g • • - FINAL ASSESSMENT HEARING PROJECT NO: 395.r SUBDIVISION/AREA: WESTBURY ADDITIONS 1 & 2, LEXINGTON SQUARE, SECTION 22 8 23 FINAL ASSESSMEENT HEARING: January 15, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: STORM El Area Laterals FINAL F. R. SANITARY RATES RATES Area QLaterals Service Lat. Benefit/Trunk STREETS F. R. = Feasibility Report D Surfacing FINAL F.R. WATER RATES RATES per Area $1120.00/ac same Laterals O Service $1038.23 $1384.00 Q Lat. Benefit/Trunk $10.84/ff same STORM El Area Laterals FINAL F. R. SANITARY RATES RATES Area QLaterals Service Lat. Benefit/Trunk STREETS OGravel Base D Surfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 274 NUMBER OF YEARS ASSESSED: 15 RATE OF INTEREST: 11% TOTAL AMOUNT ASSESSED: $216,807.97 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: PUBLIC NEARING DATE: April 3, 1984 84-9 Agenda Information Memo January 15, lR85, City Council Meeting Page Seventeen FINAL ASSESSMENT HEARING/WESTBURY 1ST & 2ND ADDN. D. Project 396, Final Assessment Hearing, Westbury 1st & 2nd Addition (Streets and Utilities) -- On December 18, 1984, the Final Assessment Roll for Project 396 was presented to the City Council with the final assessment hearing scheduled for January 15, 1985.,Enclosed on page &J is a summary tabulation of the final assessment rates as compared to those quoted in the feasibil- ity report presented at the public hearing held on April 3, 1984. All notices have been published in the legal newspaper and sent to the affected property owners informing them of the final assessment hearing to be held on January 15, 1985. As of this • date, the staff has not received any objections to these proposed final assessments. • ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the Final Assessment Roll for Project 396 (Westbury 1st & 2nd Addition streets and utilities) and authorize the certification to the County for collection of unpaid assess- ments to be spread over 15 years at 11.08 interest. 30 FINAL ASSESSMENT HEARING PROJECT NO: 396 SUBDIVISION/AREA: WESTBURY ADDITION ,SECTION 22 FINAL ASSESSMEENT HEARING: January 15, 1985 M Lat. Benefit/Trunk M Lat. Benefit/Trunk STORM ® Area ® Laterals per/ lot $ 710.24 $584.00. per/ lot $1473.10 $1488.00 STREETS Gravel Base Surfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 145 NUMBER OF YEARS ASSESSED: 5 RATE OF INTEREST: 11% TOTAL AMOUNT ASSESSED: $710,369.82 CONSTRUCTED UNDER TUE FOLLOWING CONTRACTS: 84 - 8 PUBLIC HEARING DATE: April 3. 1984 3/ FINAL RATES $1559.88 F. R.. RATES per/ $1563.00 $1563.00 lot per/ $2850.00 $same lot IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES SANITARY OArea Area per/ Laterals lot $1122.42 $1122.00 E] Laterals * Q Service per/ lot $ 853.33 783.00 © Service M Lat. Benefit/Trunk M Lat. Benefit/Trunk STORM ® Area ® Laterals per/ lot $ 710.24 $584.00. per/ lot $1473.10 $1488.00 STREETS Gravel Base Surfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 145 NUMBER OF YEARS ASSESSED: 5 RATE OF INTEREST: 11% TOTAL AMOUNT ASSESSED: $710,369.82 CONSTRUCTED UNDER TUE FOLLOWING CONTRACTS: 84 - 8 PUBLIC HEARING DATE: April 3. 1984 3/ FINAL RATES $1559.88 F. R.. RATES per/ $1563.00 $1563.00 lot per/ $2850.00 $same lot Agenda Information Memo January 15, 1985, City Council Meeting Page Eighteen FINAL ASSESSMENT HEARING/LEXINGTON SQUARE E. Project 401, Final Assessment Hearing, Lexington Square (Trunk Sanitary and Storm Sewer) -- On December 18, 1984, the Final Assessment Roll for Project 401 was presented to the City Council with the final assessment hearing scheduled for January 15, 1985. Enclosed on page , is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on May 15, 1984. All notices have been published in the legal newspaper and sent to the affected property owners informing them of the final assessment hearing to be held on January 15, 1985. As of this • date, the staff has not received any objections to these proposed final assessments. • ACTION TO HE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the Final Assessment Roll for Project 401 (Lexington Square trunk sanitary and storm sewer) and authorize the certification to the County for collection of unpaid assess- ments to be spread over 15 years at 11.08 interest. 3v FINAL ASSESSMENT NEARING PROJECT NO: 401 SUBDIVISION/AREA: LEXINGTON SQUARE, SECTION 23 FINAL ASSESSMEENT HEARING: January 15, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES Area • Laterals RService 0 Lat. Benefit/Trunk STORM per/ ® Area lot $501.29 $500.00 ® Laterals per/ $513.81 $481.00 lot NUMBER OF PARCELS AFFECTED: NUMBER OF YEARS ASSESSED: RATE OF INTEREST: FINAL F. R. SANITARY RATES RATES Area Laterals Service -� per/ J Lat. Benefit/Trunk $ 173.65 $167.00 lot STREETS Gravel Base ElSurfacing, nRes. Equiv. TOTAL AMOUNT ASSESSED: $158,602.63 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 84 - 8 PUBLIC HEARING DATE: May 15, 1984 33 Agenda Information Memo January 15, 1985, City Council Meeting Page Nineteen MULTI -FAMILY HOUSING BONDS/BLACKHAWK TOWNHOUSE PROJECT F. Consideration of Multi -family Housing Bonds for the Blackhawk Townhouse Project -- An application was received from Douglas M. Johnson who is proposing to develop a multi -family housing project at 4284 Blackhawk Road and is specifically requesting multi -family housing bonds not to exceed $7,000,000. As previously stated, the development will consist of approximately 168 rental units in 8 unit townhouses. The development has 126, 2 bedroom apartments, 63 of which have fireplaces and 42, 1 -bedroom apartments, 21 of which have fireplaces. The project will provide a tuckunder garage for each apartment. The City has received a copy of an appraisal regarding the project and a copy of that letter is •enclosed for your review. The appraisal is $8,750,000. This is compared to a total project cost, according to the application of $8,150,000. A copy of that appraisal is enclosed on pages ,3S through 3 The project was given all land use approvals at the December 4, 1984, City Council meeting. Also enclosed for Council review is a copy of a letter from the City's Program Administrator, Miller & Schroeder Municipals, Inc. explaining the appraisal for the proposed Blackhawk Townhouse project. This letter is enclosed on pages ,3g' through 4nom This letter specifically addresses the equity contributidn to assure that the 208 guideline is being satisfied. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the application for Douglas M. Johnson for multi -family housing revenue bond financing for the Blackhawk Townhouse/Apartment project in the amount of $7,000,000. -:?4 Shenehon & Associates, Inc. Property Valuation Et Market Analysis 903 Midwest Plaza East, Minneapolis, Minnesota 55402 • (612) 333-6533 November 20, 1984 r Mr. Douglas Johnson Suite 200 Southdale Place 3400 West 66th Street • Minneapolis, Minnesota 55435 RE: 168 UNIT BLACKHAWK ROAD APARTMENT DEVELOPHM, EAGAN, MINNESOTA Dear Mr. Johnson: In accordance with your recent request, we have completed an appraisal of the above referenced property for the purpose of estimating the current market value of the fee simple interest. We are in the process of preparing the complete narrative appraisal report and will furnish the report to you prior to the end of November. This letter will serve to provide you with our value conclusions in advance of your receipt of the complete report. The written report will contain all of the findings, analyes and conclusions of the appraisal as well as fully describes the real estate and the applicable assumptions and limiting conditions of the appraisal. After careful consideration of the many factors influencing value, it is our opinion that the subject property will have a market value upon completion in January, 1986 in accordance with plans and specifications furnished to us of: EIGHT MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ------- ($8,750,000.00) Alan P Leirness • Timothy E. Mardell • Howard E. Shenehon . Robert J. Strachota " '-3'A5 Mr. Douglas Johnson Page 2 November 20, 1984 We have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. The appraisal is made subject to certain assumptions and limiting conditions which are listed in this report. It conforms with accepted professional, ethical and performance standards of the real estate appraisal practice. If you have any questions or comments after reading this appraisal, please contact us. The undersigned appraiser certifies that he has personally inspected the property and has investigated information believed to be pertinent to the valuation of the property, and to the best of his knowledge and belief the statements and opinions expressed herein are correct and reasonable, subject to the limiting conditions set forth herein. SHEMON AND ASSOCIATES, INC. Certified to this 20th day of November, 1984 Alan P. Leirness, MAI, SRPA APL/jg M 0 0. QUALIFICATIONS OF ALAN P. LEIRNESS BIOGRAPHICAL DATA AND EDUCATION Born in Hillsboro, North Dakota. Graduated from Halstad Public High School, Halstad, Minnesota. Graduated from North Dakota State University in Fargo, North Dakota with a Bachelor of University Studies Degree majoring in Geography. Successfully completed numerous appraisal and valuation courses, of which some are listed below: Amer. Inst, of Real Estate Appraisers - Standards of Professional Practice Amer. Inst. of Real Estate Appraisers - Litigation Valuation Amer. Inst. of Real Estate Appraisers - Case Studies in Real Estate Valuation Amer. Inst. of Real Estate Appraisers - Valuation Analysis and Report Writing Amer. Inst. of Real Estate Appraisers - Feasibility and Market Analysis Amer. Inst. of Real Estate Appraisers - Going Concern Valuation Society of Real Estate Appraisers - Appraising Apartments Society of Real Estate Appraisers - Tax Cons. in Real Estate Transactions Society of Real Estate Appraisers - Valuation of Leases & Leasehold Interests PROFESSIONAL QUALIFICATIONS OR ASSOCIATIONS Senior Real Property Appraiser - Society of Real Estate Appraisers (SRPA) • Member - American Institute of Real Estate Appraisers (MAI) The A.I.R.E.A. conducts a voluntary program of continuing education for its designated members. MAI's and RM's who meet the minimum standards of this program are awarded periodic educational certification. I am certified under this program through December 31, 1986. PROFESSIONAL EXPERIENZE CHoward E. Shenehon and Associates, Inc.,.Partner, since October, 1980. Shenehon-Goodlund and Associates, Inc., Real Estate Appraiser from November, 1976 to October, 1980. Duties and Responsibilities: Prepare professional valuation and market analysis reports for specific clients and counsel in matters pertaining to real estate. Assignments have involved numerous commercial, industrial, vacant land, multiple family residential and • special purpose properties. The specific purposes of these assignments have included mortgage financing, condemnation, tax abatement proceedings, feasibility analysis, investment counseling, potential sales and purchases, lease and rental analysis, bankruptcy proceedings, charitable donations, internal management decisions, special assessment appeals and allocation of purchase price. APPRAISAL CLIENTS INCLUDE Banco Mortgage Center Companies City of Duluth City of Edina City of Minneapolis Dayton -Hudson Dorsey -Whitney Eastlund-Peterson-Solstad Faegre & Benson Federal Reserve Bank First Natl. Bank Boston First Natl. Bank Mpls. First Natl. Bank St. Paul Honeywell Internal Revenue Service Jason Investment Co. Kraus -Anderson Larkin -Hoffman Litton Industries Lutheran Brotherhood M.A. Mortenson Co. MEPC American Prop. MarWest Development Co. Midwest Federal S & L Minnegasco Munsingwear Northern States Power Northrup King Northwest Airlines Northwestern Bell Northwestern Natl. Bank Oxford Properties, Inc. Prudential Insurance State of Minnesota DNR Towle Company Twin City Federal Toll Free Minnesota (800) 8626002 Toll Free Other States (800) 328-6122 11 Miller & Schroeder Municipals, Inc. Northwestern Financial Center. 7900 Xerxes Avenue South, Minneapolis. Minnesota 55431 • (612) 831-1500 December 3, 1984 Mr. Thomas Hedges City Administrator • City of Eagan 3930 Pilot Knob Road Eagan, Minnesota 55122 Re: $7,000,000 City of Eagan, Minnesota Multifamily Housing Revenue Bonds (Blackhawk Townhouse Project) Dear Mr. Hedges: You have asked that we summarize for you, the results of the appraisal on the above referenced proposed project and determine if developer's request for bond financing is in conformance with the City's adopted guidelines for determining value. We have reviewed the results of an appraisal prepared by MAI • appraiser Alan Leirness of Shenehon & Associates. The appraisal considers the three recognized approaches to determining the value of the project: I. The Direct Sales Comparison Approach,to Value II. The Income Approach to Value III. The Cost Approach to Value In looking at the direct sales comparison approach to value, the appraiser considered buildings of similar size which had sold in the area. The land was valued separately at $400,000 based on land sales with the appropriate zoning in the area. As the appraiser continued his evaluation of the building, he considered the value of the subject improvements (buildings) and adjusted the improvements for items such as age, condition and quality of construction. The estimated value of the improvements was $8,100,000. With the value of the land added back in, the value of the entire project was estimated at $8,500,000. The appraiser Headquanew Minneapolis, Minnesota Branch Offices: Downtown Minneapolis - Solana Beach. California - Northbrook, Illinois • St. Paul. Minnesota • Naples. Florida • Tallahassee. Florida • Carson City, Nevada .M-nnhw nl ih, $rc milu s Imesror PrN,crinn Corpnrarion I I Mr. Thomas Hedges ' December 3, 1984 Page Two commented that a weakness he found lay in the older age of the buildings he had available in'the market place with which to com- pare the Blackhawk Townhouse Project. In looking at the Income Approach to value, the appraiser con- sidered two techniques: (1) the direct capitalization of stabilized income and (2) the discounted cash flow technique. Under the first technique, the net operating income and a capitalization rate of 9% was used. This resulted in an estimated value of $8,800,000. Using the second technique, the appraiser considered the changes in income and expenses over a ten year period, a 9-10 month lease -up and a yield rate over the investment holding period of ten years. This resulted in an • estimated value of $9,100,000. The appraiser commented that this was the best approach, as it considers accurate expenses and cur- rent investor yield rate requirements. In looking at the cost aproach to value, the appraiser used the Marshall Valuation Cost Manual which conservatively estimates the hard costs of constructing the property. This preliminary study does not measure all "soft costs" nor the value of the subject property when it comes on line in the marketplace. The appraiser looked at some fees which would be necessary to consider in determining the value of constructing the improvements. Some of the fees which were not considered, for example, were the cost of construction financing and interest during that period, letter of credit fees and reserves. The appraiser commented that the costs of these items would be approximately $250,000-$300,000. Based on the Marshall Valuation process, the value of the improvements • was estimated to be $8,000,000. With the value of the land added back in, the value of the entire project was estimated to be $8,400,000. As you can see, each approach to value is a "check" on the other two. The Council's adoption of a policy to consider all three approaches to value was appropriate as evidenced by the results of this appraisal. Based on this appraisal,. Shenehon & Associates has given a market value to the Blackhawk Towhouse Project of: EIGHT MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS $8,750,000 � 1 Mr. Thomas Hedges December 3, 1984 j Page Three The applicant is requesting that the City of Eagan give preliminary approval for a bond issue in the amount of $7,000,000. This request does in fact conform with the Council's policy of inducing not more that 80% of the market value appraisal. If we can be of any further assistance, please contact me at 893- 8920. Very truly yours, � • Marcia A. Cohodes Underwriter MAC/pmh • • Agenda Information Memo January 15, 1985, City Council Meeting Page Twenty ORGANIZATIONAL BUSINESS FOR 1985 There are eleven (11) items of organizational business that must be considered by the City Council. Those items are listed as A. through K. for additional information on these items, please refer to pages through &O . It will be necessary for the City Council to take separate action on each of the eleven items. ACTION TO BE CONSIDERED ON THIS ITEM: Separate action is required for each organizational business item and is so indicated after each discussion as found in the attached memorandum. V-/ • MEMO TO: HONORABLE MAYOR AND CITY FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 10, 1985 SUBJECT: ORGANIZATIONAL BUSINESS A meeting held in the first month of each calendar year is con- sidered an organizational meeting for the purpose of organizational business. A. Acting Mayor B. Legal Newspaper C. City Depositories D. Official Posting Places E. Advisory Commission & Committee Appointments (Resident) F. Health Officer G. City Council Meetings H. Committee Appointments (Council) I. Fiscal Consultant J. Legal Consultant K. Consultant Fee Schedules ACTING MAYOR A. Acting Mayor-- It is a statutory requirement to appoint an acting mayor who presides in the absence of the mayor. All council - members are eligible for election by the City Council. In 1984, City Councilmember Smith was elected acting mayor and would preside in the absence of Mayor Blomquist. The acting mayor presides in the absence of the mayor at City Council meetings and all other activi- ties pertaining to the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint an acting mayor. B. Legal Newspaper -- It is also a statutory requirement for the City to designate a newspaper as the official legal newspaper for the City. The statutues specifically state that a City can only designate a legal newspaper of general circulation in the City as its official newspaper. During the year, published in the newspaper are such matters as are required by law to be so published and such other matters that the Council may deem it advisible and in the public interest to have published in this manner. Some of the items that must be published or are optional include: a. Ordinances; b. Annual Financial Statements; C. Council Proceedings; d. Notices of Elections; e. Resolutions. CL7i organization Business Memo January 10, 1985 Page Two It is important to follow a thorough and consistant pattern in utilizing a legal publication. The law requires an official matter to be published in the legal newspaper publication. For example, if a public hearing notice is not published in the official newspaper, the public hearing is not valid. The Dakota County Tribune and the Eagan Chronicle have submitted bids to be the legal newspaper for the City. The Eagan This Week newspaper is not eligible to be a legal newspaper. However, the Dakota County Tribune has stated they will also publish any legal notices submitted to the Tribune in the Eagan This Week as a courtesy to residents of Eagan if their bid is accepted. The legal newspaper would be the Dakota County Tribune and affidavits of publication would be furnished by them. If, occasionally, legal notices are unable to receive the courtesy publication in the Eagan This Week (lack of space), the legal notices would still have been published in the legal newspaper as required by law. Agendas will still be sent to and published in all three papers, but these are not considered legal notices. The rates proposed by the Dakota County Tribune and the Eagan Chronicle are enclosed wi�to a memo on the proposals by the City Clerk/Treasurer on pages through -3L4-- ACTION 3/,4. ACTION TO BE CONSIDERED ON THIS ITEM: To designate an official legal newspaper for the City of Eagan for 1984. • • MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: JANUARY 8, 1985 SUBJECT: LEGAL NEWSPAPER PROPOSALS Per your request, I have compared the proposals submitted by Minnesota Suburban Newspapers, Inc. (Eagan Chronicle) and Dakota County Tribune, Inc. (Dakota County Tribune). The Tribune is proposing to bill on a per column inch basis at $3.47 which is calculated to be a 108 increase over the 1984 rates of 27.00 per line and a 9.00 per line extra composition charge. They use a figure of 10 lines per inch. Suburban Newspapers is proposing 1985 rates of 22..60 per line • with an extra composition charge of 7.5C per line. They figure 12 lines per inch. The comparison cannot be exact since the Tribune has converted to a per inch billing which incorporates an extra composition charge and there• is a difference in the number of lines per inch. A legal notice one inch in length would cost $3.47 in the Tribune and $3.16 in the Chronicle assuming 50% of the lines requiring an extra composition. The Tribune has a Tuesday noon deadline for publication in the Thursday paper. Legal notices have been published in the This Week paper which probably has more coverage in Eagan than the Tribune, however, it is not allowable as a legal newspaper. The This Week has been distributed on Sunday in Eagan. The • Chronicle has a Wednesday noon deadline for Monday publication. It has been distributed in Eagan on Mondays. There is really no significant difference between these papers as long as the notices continue to be published in the This Week paper. There would be a small savings using the Chronicle. Finan a Director/City Clerk EJV/kf 4W DAKOTA COUNTY TRIBUNE, INC. December 18, 1984 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Mayor Bea Blomouist: Councilmember Thomas Egan: Councilmember James Smith: Councilmember Theodore Wachter: Councilmember Jerry Thomas: We would like to be considered for appointment as the City of Eagan's legal newspaper at your organizational meeting for the year 1985. The Dakota County Tribune has served as the legal newspaper for the City of Eagan for many years. Residents, as well as bidders, are very familiar with the Tribune's legal section. Because we have been a legal newspaper for many years, our staff is experienced in handling legal notices which, in many instances, require the type of knowledge only experience provides. Our legal rate is $3.47 per column inch. If you have any questionz, please feel free to phone us at 894-1111. Sinc Daniel H. Clay Publisher A Minnesota Suburban Newspapers, Inc. 7401 Bush Lake Road • Edina, Minnesota 55435 • (612) 831-1200 31 December 1984 City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attn:Tom Hedges, City Manager Bea Blomquist, Mayor • Your designation of the Eagan Chronicle to be your official newspaper. for the year 1985'will be most appreciated. Readership Survey information is enclosed showing the strong following the Chronicle has in Eagan. Your rate to publish legal notices in the Chronicle in 1985 would be: Rate per line .................... 22.60 per line Extra composition charge ......... 7.5C per line This rate is based on 6 pt. crown type set for a column width of 9.3 picas. We will provide, at no additional charge, two notarized affidavits on each of your notices. Additional notarized affidavits, on • request, will be furnished at 25t each. The Chronicle maintains an office at 1209 E. Cliff Road in Burnsville. Notices to be published should be in our office by NOON the Wednesday prior to Monday of the publication. For additional information, please contact Meridel Hedblom, Legal Publications, at 831-1200. We appreciate being considered as the official newspaper for the City of Eagan for 1985. Very truly yours, MINNESOTA SUBURBAN NEWSPAPERS, INC. Donald K. Mortenson Operations Manager Publisher of Current Newspapers • Focus Newspapers • Sailor Newspapers • Sun -Current Newspapers organization Business Memo January 10, 1985 Page Three CITY DEPOSITORIES C. City Depositories -- It is a statutory requirement also that depositories be designated for all City funds. The term "depository" refers to a place or places in which a City keeps its money. Any.national bank, state bank, private bank or trust company permitted to do banking business and any federal savings and loan association may be designated as a depository for City funds. More than one bank or savings and loan may be designated as a depository for City funds and, except as limited by the Council resolution, provide security which the institution is able to furnish. There is not a limit on the amount which may be deposited in one institution. The City of Eagan in the past years has taken a two-part action that: 1. The City of Eagan has named Minnesota Bank Eagan as a • general depository for purposes of holding a checking account to pay bills throughout the year, and 2. Several depositories have been designated for the purpose of investing idle funds. Enclosed on page 4 is a copy of a memo from the City Clerk/ Treasurer listing the depositories for investment of funds. Action is to consider a designation of Minnesota Bank Eagan as the City's general depository and to designate the depositories listed for the purpose of investing idle funds. ACTION TO BE CONSIDERED ON THIS ITEM: To designate depositories for all City funds. A MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: JANUARY 9, 1985 SUBJECT: 1985 DEPOSITORIES Please have the following banks, savings and loan associations and financial institutions designated as depositories for the City of Eagan for 1985. 1) Minnesota Bank Eagan 2) First Bank Eagan 3) Norwest Bank Old St. Anthony, N.A. 4) Signal Hills Bank 5) First Bank Minneapolis 6) First Bank St. Paul 7) Norwest Bank St Paul, N.A. 8) Norwest -Bank Minneapolis, N.A. 9) American National Bank and Trust Company 10) F&M Marquette National Bank 11) Minnesota Federal Savings and Loan Association 12) Twin City Federal Savings and Loan Association 13) Kidder, Peabody & Company, Inc. 14) Dain Bosworth Incorporated 15) Piper, Jaffray & Hopwood Incorporated. Let me know if you would like any additional information. • Fina c Director/City Clerk EJV/kf 4 Organization Business Memo January 10, 1985 Page Four POSTING PLACE D. Official Posting Place -- The City utilizes the bulletin board in the lobby of the Eagan Municipal Center and the legal newspaper as official posting places. Notices are also posted in the Police Department lobby as a courtesy, but this location has not been designated as official. ACTION TO BE CONSIDERED ON THIS ITEM: To designate the official posting place for the City of Eagan. ADVISORY COMMISSION & COMMITTEE APPOINTMENTS (RESIDENT) E. Advisory Commission & Committee Appointments (Residents) -- 1. Advisory Planning Commission --There are two (2) seats open on the Advisory Planning Commission for three (3) year terms. There is also an alternate position open for a one (1) year term. Both Lloyd Krob and Pamela McCrea are reapplying for appointments, as is Roy Taylor (the. 1984 alternate). A list of all applicants appears below. Prepared ballots will be provided at the Council meeting. Gerard Bents Steven Burdorf Theodore Dreyer Kirk Duholm Vic Ellison Ronald Grimm Joe Harrison Scott Helgeson Jeffery Hoel (Also APRC) Ronald Jensen (Also Cable) Millicent Johnson Lloyd Krob (Seeking Reappointment) Pamela McCrea (Seeking Reappointment) Duane Nordin (Also Cable) Roger R. Schaeffer Bob Shields Roy Taylor (Seeking Reappointment) Deborah Thompkins (Also Cable) Lori Trygg ACTION TO BE CONSIDERED ON THIS ITEM: To make two (2) appointments for three (3) year terms on the Advisory Planning Commission and one (1) appointment for the one (1) year alternate position. 2. Advisory Parks and Recreation Commission --There are three (3) openings for three (3) year terms on the Advisory Parks and Recreation Commission. Mr. William Jackson has resigned his appointment and will not be considered for reappointment. However, two of the incumbents are reapplying for Commission appointments. They are Richard Carroll and Sandy Bertz. A list of all applicants appears .below. Prepared ballots will be provided at the Council meeting. Sandy Bertz (Seeking Reappointment) Anthony Caponi Richard Carroll (Seeking Reappoint- ment) �51 Pamela Grimm Jeffery Hoel (Also APC) Walter King V �J Organization Business Memo January 10, 1985 Page Five ACTION TO BE CONSIDERED ON 'THIS ITEM: To make three (3) appointments for three (3) year terms. on the Advisory Parks & Recreation Commission. 3. Cable Television Commission There are two (2) openings for two (2) year terms on the Cable Television Commission. In addition, there are two (2) openings for one (1) year positions. Jim Smith has resigned his appointment and an appointment should be made to fill the remaining one (1) year of his unexpired two (2) year term. There is also an alternate position open for (1) year. Ronald Voracek, Robert Cooper and Lloyd Krob (the 1984 alternate) are reapplying for appointments. A list of all applicants appears below. Prepared ballots will be provided at the Council meeting. • Robert Cooper (Seeking Reappointment) Duane Nordin (Aslo APC) Rita Green Deborah Thompkins (Also Lloyd Krob (Seeking Reappointment) APC) Ronald Jensen (Also APC) Ronald Voracek (Seeking Reappointment) ACTION TO BE CONSIDERED ON THIS ITEM: To make two (2) appointments for two (2) year terms on the Cable Television Commission. To fill the one (1) year remaining of Jim Smith's unexpired term. To make one (1) appointment to the one (1) year alternate position. SPECIAL NOTE: The Assessment Committee, the Airport Noise Committee and the Economic Development Commission serve valuable functions for the •City of Eagan. They exist at the discretion of the Council without formal authorization in the City Code. While committees and'commis- sions may be authorized by resolution, the term of an appointee.is required to be "established and stated at the time of his (her) appointment" (Sec 2.50). This section goes on to say that terms of present Commission and Committee members may be reestablished or changed as necessary to meet the language of the section. Because of this provision, it may be advisable to define the length of member terms at this time. In light of the continuing presence and activity of these groups and the large number of applicants for the few Commission and Committee positions available, the Council may be well-advised to bring the membership process for these three into conformance with the other Commissions and City Code, 'Section 2.50. There is nothing in Section 2.50 which precludes indefinite terms, if so designated. 4. Assessment Committee --This advisory committee reviews assessment policies and appeals and makes recommendations to the City Council. Presently, the membership includes Don Knight, Dale Vogt, Bill Rydrych, Mayor Blomquist, Councilmember 5'n Organization Business Memo January 10, 1985 Page Six Egan and Garrett Mulrooney (Representative of the Advisory Planning Commission). The Advisory Planning Commission will appoint its 1985 representative at their January 22 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To define the length of Assessment Committee members' terms and to confer or not confer ongoing status to this committee. 5. Airport Noise Committee --The Airport Noise committee is not an ongoing committee but a special task force/subcommittee. It is possible that this committee could become an ongoing one as the problem persists. If so, the committee's member appointment procedures (advertisement, review, etc.) would need to conform with those authorized by ordinance. ACTION TO BE CONSIDERED ON THIS ITEM: To define the length of • Airport Noise Committee members' terms and to confer or not confer ongoing status to this committee. 6. Economic Development Commission --This commission functions. to promote the City of Eagan's commercial -industrial climate, to recommend general policy direction and to advise the City Council on matters pertaining to industry and commerce. The current membership includes Larry Wenzel, Larry Kraning, David Kleimola, Roger Lee, John McCall, Mark Parranto, R. E. Stevenson and Edna Street. No action is required on the Economic Development Commission. As above, however, it is suggested that the City Council consider defining the length of members' terms. Eagan's significant growth and ongoing devel- opment imply the need for a vital Economic Development Commis- sion. Definition of terms may serve to create interest in this commission. • ACTION TO BE CONSIDERED ON THIS ITEM: To define the length of Economic Development Commission members' terms and to confer or not confer ongoing status to this Commission. HEALTH OFFICER F. Health Officer -- In past years, the City has appointed a health officer, which has been the Cedarvale Medical Clinic. If there were an epidemic or, for example, there were unsanitary conditions which existed in housing or restaurants or some other areas of the City, the health officer would be called upon to write a letter and ask that the area be cleaned up. The City Health Officer has no authority to compel any action, however. Most, if not all, public health functions have been assumed by the Dakota County Board of Health in compliance with Minnesota statute. It is believed that all of the health officer's responsibilities can be met by the County Board of Health, the Eagan Police Department and the Depart- ment of Inspection. In addition, the Cedarvale Medical Clinic is no longer interested in acting in this capacity. 61 • Organization Business Memo January 10, 1985 Page Seven ACTION TO BE CONSIDERED ON THIS ITEM: To discontinue the position of health officer until such time as the situation or an outside agency requires it. COUNCIL MEETINGS G. City Council Meetings -- Each yea designate days and times specifically for years past, the City has met on the first month at 6:30 p.m. meetings. It is continued so it is days and times' the Hall. which are designated recommended that th not confusing to the official City Council r, the City Council must City Council meetings. In and third Tuesday of each as official City Council e same date and time be general public as to the meetings are held at City ACTION TO BE CONSIDERED ON THIS ITEM: To designate days for City Council meetings. COMMITTEE APPOINTMENTS H. Committee Appointments -- Several committee appointments can be made by Mayor Blomquist at the organizational meeting. The list of standing committees is as follows: 1. Personnel Committee 2. Finance Committee 3. Community Development & 4. Public Works Committee Public Relations Committee 1. The Personnel Committee was created in 1977 for the purpose of • writing and maintaining a personnel policy and also to create a foundation for personnel procedure. A personnel policy and job classification document for all employee positions were developed and are maintained through the office of the City Administrator. The Personnel Committee does not meet on a regular basis, however, it is available if the City Council should ask for a special review or study regarding salary compensation plans, personnel related mat- ters, such as personnel records, affirmative action, union contracts or other related matters. The City Council members who served on the Personnel Committee in 1984 were Ted Wachter and Jerry Thomas with Mr. Thomas as chairman. 2. The Finance Committee was established to investigate from time to time the practicality of issuing new bonds -for the City, whether it be for equipment certificates, general obligation or industrial revenue. The Finance Committee has researched many special programs such as the Tax Exempt Mortgage Financing and other industrial revenue tax exempt mortgage type financing programs as a resource committee for the City Council. The Finance Committee will review any application if a special study is requested by the City Council. 5Y organization Business Memo January 10, 1985 Page Eight The Finance Committee also meets and reviews all of their special projects as directed by the City Council that involve budgetary expenditures. The two menmbers of the City Council that served on the Finance Committee in 1984, were James Smith and Mayor Blomquist, with Mr. Smith acting as chairman. 3. The Community Development Public Relations Committee is a third committee. This committee has been comprised of two Councilmembers. It functions as an advisory committee to the City Council for purposes of advertising attractive new commercial, industrial and residential development to the community. An Economic Development Commission for the City of Eagan was established in 1983 in conjunction with the Star City program. It is expected that this commission will continue to consult with the Community Development Committee. This committee was organized in 1977 and its members during 1984 were Jim Smith and Ted Wachter, with Mr. Smith acting as • chairman. 4. Public Works Committee is a fourth committee and includes utilities, roads, parks and even issues that relate to the Airport Commission. This committee has studied the recommendations from the City Administrator and also the Director of Public Works concerning the construction of wells, reservoirs and new utility mains. It also relates to various street improvements, maintenance and new construction as well as snow removal and other related items. This committee does not meet on a regular basis, however, it is available to study certain issues of the Public Works operation as designated by the City Council. This committee was also formed in 1977 and had two members, Jerry Thomas and Tom Egan, with Mr. Egan serving as chairman, in 1984. Special Note: The City Council in setting up the four (4) standing • committees, attempted to limit the number of standing committees to four workable committees which all contain a somewhat broad range of topics. The purpose of the standing committees is to conduct investigations, to make reports on matters of facts. Often, the committees are used to study facts and make recommendations to the City Council. The City Administrator works very closely with all four (4) committees and normally supplies information and other data to the committee's chairperson and members when committee meetings are held. All meetings are open to the public. The meeting notices are prepared and posted at City Hall stating the location of the meetings and the items for discussion. The committees are advisory to the City Council. There is no action taken, and therefore, formal minutes are not required; however, a report.is generally prepared by the City Administrator, or a committee member which is presented to the City Council for any action that is required at a regular meeting. 53 Organization Business Memo January 10, 1985 Page Nine Additional Special Note: Traditionally,. a Councilmember has been appointed as a liaison member to the Parks and Recreation Commission and Planning Commission. During 1984, Mayor Blomquist appointed Jerry Thomas as the City's liaison person with the Advisory Parks and Recreation Commission and Tom Egan to the Advisory Planning Commission. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint members of the four standing committees, and the liaison persons for the Advisory Parks and Recreation Commission and the Advisory Planning Commission. FISCAL CONSULTANT I. Fiscal Consultant -- Each year, a Fiscal Consultant is • appointed by the City Council to provide fiscal advice and handle bond sales for the City of Eagan. Miller & Schroeder is currently acting as the City's fiscal agent. Since there is no written agreement with Miller & Schroeder, technically they are hired per bond issue on a continuing basis at the discretion of the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment of a fiscal consultant. LEGAL CONSULTANT J. Legal Consultant -- The law firm of Paul Hauge and Associates is providing the City with excellent service and it is again recommended that Paul Hauge be appointed as City Attorney for the City of Eagan. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment of legal counsel. . CONSULTANT FEE SCHEDULES R. Consultant Fee Schedule -- The City of Eagan employs,various consultant firms for assistance in different technical fields of expertise; these include fiscal, legal, planning, parks and engineering. Fiscal consultants are technically hired per bond issue. Other firms are hired on an on-going basis and it is necessary to approve these fees for the 1984 calendar year. 1. Legal Consultant -- Enclosed on page -s66-15(6 are the 1985 fees proposed by Hauge, Smith, & Eide, P.A. If this firm is approved as the legal consultant for 1985, consideration of these fees would be appropriate at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1985 fee schedule proposed by the legal consultant firm of Hauge, Smith & Eide. PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE RALPH W. COREY Mr. Thomas L. Hedges City Administrator CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 HUGE. Smrm & EIDE. P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3808 SIBLEY MEMORIAL HIGHWAY EAGAN. MINNESOTA 58122 January 9, 1985 AREA CODE 512 TELEPHONE 454-4224 RE: PROPOSED 1985 CITY ATTORNEY FEE SCHEDULE Dear Tom: • We propose the following as the 1985 schedule from our office for Eagan City Attorney fee purposes: 1) General legal services for the 'Cit - $55 per hour. (1984 was $50/hr) Attendance at Advisory Planning Commission and City Council meetings will be billed at 1/2 the normal hourly rate as in the past. 2) Paralegal fees - $20 to $25 per hour. ($15 to $20/hr in 1984) 3) Legal fees for City installed improvement projects including street and utility work, based upon l -1/4Y of contract amounts awarded plus change orders awarded by the City; less bond counsel fees. The ser- vice will include all work connected with the acquisition of easements, including negotiations, preparation of documents and contacts with owners; also the handling of assessment appeals that relatedirectly to the • assessments of the property; and further, all condemnation actions in- volving the acquisition of easements for the City except as provided in the next paragraph. In addition, we would propose -that any projects billed directly to de- velopers such as condemnation of property where the City requires a developer or developers to reimburse the City for all expenses includ- ing attorneys fees, that we bill the City directly for such fees and costs incurred. However, all out-of-pocket costs related to assess- ment appeals or acquisition of easements would be paid directly by the City, including surveying expenses, appraisal fees and costs, the fees for commissioners in condemnation, engineering and planners fees and services, expert witness fees, any action being brought by contractors or against contractors for work involving any of the improvement pro- jects under contracts with the City, and other general lawsuits should be paid by the City. A large amount of public improvements within new developments are being financed and constructed privately and no fees are being charged by our office for those projects. 35 Mr. Thomas Hedges January 9, 1985 Page 2. 4) Prosecution legal services - $50 per hour.. (1984 was $45/hr) Surrounding cities are still being charged considerably higher fees. A comparison of time for the past two years that our office has provided for the City is as follows: General Legal Matters Paid by City - Reimbursed by Miscellaneous Developers Prosecution (Law Suits) Utility Park 1983 884'30 19� 794' • 394'40" 1,029'40" 297'50" 806'10" 33'10" 335' 1,359'30" 179' 626' 4' We want to express our appreciation to the Council, the various committee membersandthe staff for an excellent working relationship during the past year. PHH:me Very truly yours, AUGE SMITH & Ems, P.A. H. TOTAL TIME 3,446' 3,297'30" organization January 10, Page Ten Business Memo 1985 2. Planning Consultant -- Enclosed on page 61;e are the 1985 fees proposed by Urban Planning & Design, planning consultants. Consideration of these fees would be appropriate at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1985 fee schedule proposed by the planning consultant firm of Urban Planning and Design. 3. Parks Planning Consultant -- Enclosed on pages through _(ejj _ are the 1985 fees proposed by Erkkila & Associates, park planning consultants. Consideration.of these fees would be appropriate at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1985 fee schedule proposed by the parks consultant of Tim Erkkila & Associates. 4. Engineering Consultant -- 1985 fees for the engineering consultant firm of Bonestroo, Rosene, Anderlik & Associates, were officially approved at the December 18, 1984, meeting. Therefore, no action is required for this item. -<'7 • • • • -- RATE SCHEDULE -- Effective January.l, 1984 URBAN PLANNING & DESIGN, INC. STAFF Principal Planner (1) Planner II (2) Landscape Architect I (3) Landscape Architect II (2) Draftsman Secretary Research Assistant Mileage (per mile) Materials RATE PER HOUR $ 50.00 38.00 33.00 25.00 20.00 10.50 20.00 .24 Cost (1) "Planner -In -Charge" as designated by the State of Minnesota for 701 Planning and minimum five (5) years experience. (2) Masters or undergraduate degree and minimum three (3) years experience. (3) Minnesota Registration by State Board and minimum five (5) years experience. asso i• t¢s December 12, 1984 Mr. Tom Hedges, Administrator CITY ADMINISTRATIVE OFFICES 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: Suite 100, 2611 Central Ave. N.E. Minneapolis, MN 55418 781-6696 LANDSCAPE ARCHITECTURE • PLANNING • DESIGN Provided here is our proposed work relationship for Park Planning/Landscape • Architectural services in calendar year 1985. While no specific projects are in mind, this agreement is intended to cover technical assistance on a casual or "as needed" basis. This should facilitate miscellaneous advisory services relative to working with the Park System Plan, park land dedication issues or other services. Any specific, larger tasks shall be covered under a separate fees proposal if requested. The attached Charge Rate Schedule (for 1985) shall be the basis for our services except that you shall receive a 10% DISCOUNT ON HOURLY CHARGE RATES. This discount shall be shown on each bill. We shall use the cost plus materials basis for our work and bill the City monthly for any services performed. We shall honor this rate schedule and discount for the entire year. We have enjoyed working with Eagan. As in previous years we hope to make every effort to provide you with highly cost effective services. We shall look forward to working with Eagan in 1985. . Sincerely, ERKKILA 8 ASSOCIATES Tim Erkkila, ASLA TE/cls enclosure 6f Qall kl � • SO @ I0tE S STAFF MEMBER Suite 100, 2611 Central Ave. KE. Minneapolis, MN 55418 781-6696 LANDSCAPE ARCHITECTURE • PLANNING o DESIGN CHARGE RATE SCHEDULE (effective January 1, 1985) RATE PER HOUR Registered Landscape Architect/ Senior Planner .............. $40.00 (Formal Presentations and Consultation) Senior Landscape Architect/Senior Planner .................. $35.00 (Project Work) • Planner/Site Planner/Landscape Architect ................... $25.00 - $27.50 Cartographer and Technician ............................... $20.00 - $25.00 Secretarial (Report Typing) ................................. $15.00 WordProcessing ............................................ $20.00 Outside Consultants ......................................... Per Job Basis Supplies (Special Order Materials) ........................... Cost, plus 10% Mileage ...................................................... $.25/mile Direct Expenses (prints, postage, parking, etc.) ............ Cost, plus 10% • Project fees shall be as arranged in one of the following methods: 1. Cost plus materials: Work conducted as requested, services billed as incurred, based on this schedule. 2. Cost plus materials to a maximum: Specific services as agreed to not ex- ceed a set cost, billings toward that amount are based on this schedule. 3. Lump Sum: Specific end product and fee fixed. Rates are subject to change annually on a calendar year basis. 40 • 0 Agenda Information Memo January 15, 1985, City Council Meeting Page Twenty-one OLD, BUSINESS PRELIMINARY PLAT/THOMAS LAKE PLACE A. Dominium Group (Jack Safar) for Preliminary Plat of Thomas Lake Place Containing 238 Multiple Dwelling Units on Approximately 17 Acres -- As the City Council recalls, the preliminary plat for Thomas Lake Place was considered by both the Advisory Planning Com- mission and City Council in the fall of 1984. The APC has approved the preliminary plat of record, sending their recommendation to the City Council. Upon City Council review, a number of questions were raised by the City Council regarding the proposed preliminary plat application. Due to the magnitude of revisions and City Council agendas proposed for the month of December, this item was continued until the January 15, 1985 meeting. The revisions for Thomas Lake Place were presented to the City Planner this week. After reviewing the revisions, it was determined that this item should be sent back to the APC for a new public hearing. According to the City Planner, the applicant has done everything possible to preserve trees and minimize grading in this development proposal. As a result, the applicant is proposing a slightly lower density than what was originally proposed. Also, access to this development has changed from the north to the south and the applicant is proposing four buildings vs. two. ACTION TO BE CONSIDERED ON THIS definitely, understanding that hearings will be held before the Park & Recreation Commission. ITEM: To continue this item in - an application and new public APC and reviewed by the Advisory Agenda Information Memo January 15, 1985, City Council Meeting Page Twenty -Two PRELIMINARY PLAT/LEMAY LAKE IST ADDITION B. Alscor/Opus Corporation for Preliminary Plat of Lemay Lake 1st Addition and a Concept Plan for Adjacent Commercial Land and Con- sideration to Set a Public Hearing to Consider Multi -Family Housing Revenue Bonds in the Amount of $13,000,000 -- The public hearing was held by the Advisory Planning Commission at their last regular meeting held on December 20, 1984. This item was then recommended to the City Council and considered at the January 2, 1985 City Coun- cil meeting,for a recommended approval by the Advisory Planning Com- mission. The City Council reviewed the item and asked that special attention be given to the feasibility of an east -west street con- nection with Eagandale Industrial Boulevard as a part of the pro- • posed plat. The planning and engineering departments have met with the developers. For additional information and proposals regarding a change in the traffic patterns, refer to pages (,_ through For additional information on this item, refer to pages 29 thr gh 43 of the January 2, 1985 City Council packet. If a favorable decision is considered for the Lemay Lake Apartment project, an application has been made by the developer to the City's program administrator, Miller & Schroeder Municipals, Inc., to con- sider a multi -family housing revenue bond in the amount of $13,000,000. The application and all attachments are in order for consideration. The public hearing would be scheduled for the Febru- ary 5, 1985 City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: 1. To approve or deny the preliminary plat of Lemay Lake 1st Addition and a concept plan for adjacent commercial land as originally proposed or with further con- sideration of the new plan modification. 2. To approve or deny a public hearing date for February 5, 1985 to consider multi -family housing revenue bonds for the Lemay Lake Apartment project. /.v MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JANUARY 9, 1985 SUBJECT: PRELIMINARY PLAT - LEMAY LAKE 1ST ADDITION At the January 2 Council meeting, the City Council requested the developer of the proposed Lemay Lake Addition to provide three (3) alternate layouts to service the parking lots associated with the apartment complex development of that subdivision. Attached to this memo are 8 ' x 11 reductions of the original proposal along with the three alternates (Plans 2, 3, & 4) as requested by Council. The Public Works Department supports Plan number 2 which provides for the expansion of the previous emergency access trail into a full roadway providing direct access on to Eagandale Place. However, Plan 2 proposed by the developer does not eliminate the roadway extension to the north adjacent to the Poplar Addition • around the west side of the northerly complex. The Public Works Director would recommend that this private driveway extension be eliminated in lieu of the proposed direct connection to Eagandale Place. In addition, it will no longer be necessary to provide for the "RIGHT-IN/RIGHT-OUT" from Lone Oak Road. These suggested modifications to the developers Plan number 2 provide the following advantages: 1. Elimination of the northerly portion of the roadway adjacent to the Poplar Addition along the west end of the northerly apartment complex eliminating traffic pollution (noise, head- lights, etc.) thereby providing greater green space and buffer area. 2. With the elimination of the "SECONDARY" access to Lone Oak Road for the northerly complex parking lot, all parking lots could take direct access from Eagandale Place and its proposed • future signalized intersection with Lone Oak Road. This would provide additional green space and buffer area between Lone Oak Road and the northerly complex parking lot. 3. The elimination of the northerly extension of the west roadway offsets the additional costs of the roadway connecting the west parking lot directly to Eagandale Place. These comments are offered from an engineering traffic circulation point of view while taking into consideration the impact of the other alternates to Lemay Lake along with the existing and future residents of this area. I will be available to expand in further detail any other aspects of these alternates as desired. Res ectfully S mitted, Thomas A. Colbert, P.E. Director of Public Works TAC/sl Attach. 40 wR _Lu.L.mw. � s�tp t Ay M•m 1 4u�w rn�ea.ee 1 �(q'e.Nbc-I �••4 .wr w+ W. L M.I. 1r'1L L. L ww J W -W- ' 11 Ow r V ' � v• ( 11J1.1WL111L1111111111711 � `� ,� S� - �ianx J 1 /11 y✓ f / / % • u +.+.' ji 1� IWAW I Ali I�, �.��lli\ IT � a HU N .w�nLn• h�LS LS�J LSI �L\ 1.��1 Y ��/ �C11J.C1\AV II Il,lwaoy ..4 4MMp� II•P�M l_ /moi _ a pv GLV i 11 I L:J' M 1S .Ll L` 1 A L .L. L -J Li Yl IP L\ IRU M I R' V Ll L- :./ GtvLDfLF.s i rNniM1•1 T I To, MATZ I A K 7. • • J 0 9 APAMUMENTS 0 rL= ipum is Agenda Information Memo January 15, 1985, City Council Meeting Page Twenty -Three CONDITIONAL USE PERMIT/RAGAN/PYLON SIGN A. Brad Ragan, Inc., for a Conditional Use Permit to Allow a Pylon Sign -- A public hearing was held before the Advisory Planning Com- mission at their last regular meeting held on December 20, 1984 to consider an application for a conditional use permit to allow a pylon sign at 3815 Nicols Road submitted by Brad Ragan, Inc. The APC reviewed the application and noted that the conditional use for the sign is allowable, that the applicant would conform with all the provisions in the sign ordinance regarding number of signs. The APC is recommending approval of the conditional use permit to • the City Council. The APC is recommending that condition #1 be amended to limit the size of the pylon sign to 99 sq. ft. with the maximum of 22 ft. in height. For additional information on the item refer to the planning department report, a copy of which is enclosed on pages 4o through A copy of the APC minutes is enclosed on page,(.4 I P �— ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the condi- tional use permit for pylon sign as requested by Brad Ragan, Inc. • /„ V • CITY OF EAGAN SUBJECT: CONDITIONAL USE -- PYLON SIGN APPLICANT: BRAD RAGAN, INC LOCATION: PART OF THE Nh OF THE NWh OF SECTION 19 EXISTING ZONING: L-1 (Limited Industrial District) DATE OF PUBLIC HEARING: DECEMBER 20, 1984 DATE OF REPORT: DECEMBER 12, 1984 REPORTED BY: GREG INGRAHAM, ASST. PLANNER REVIEWED BY: DALE RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting a Conditional Use Permit to allow a pylon sign to be located at 3815 Nicols Rd. COMMENTS: The applicant has an existing "Goodyear" ground sign which is 4' - 6" by 22' long. This request is to allow the 99 square foot sign to be placed on a 17' - 6" high pole for a total height of 22 feet. The sign is not within 300' of any existing sign and would be setback 14' from the new Cedar Avenue, right-of-way. The applicant currently has 5 ground signs on the property. City Staff has been working with the applicant to bring this into code conformance. • If approved the Conditional Use Permit shall be subject to the following conditions: 1. The pylon sign shall be limited ,to 125 sq. ft. in area per side and 27 ft. in height. 2. The pylon sign shall be a minimum of 10' from any property line. 3. All other signs on the property shall be limited to one ground sign less than 7' high and directional signs of less than 3 sq. ft. in area. 0 M 0 GLOREMASTER BUILDING 3815 Cedar Avenue South Eagan, Minnesota 1, C . SITE PLAN Ell 7-0-P-101- LE/A'SED �y cc &I 71l A c 7-04.1 i NEW CEDAR AVENUE BRIDGE IyG�CJ�fEAR PA Rii i t) 4 W19LL. u, INIIIIII —"v rMc .1.1 ,f- / v/ CECAR AVENUE 112 MILE To STATE HIGHWAY 13 0 TEIUOEdr�,ffL Ma o PCN FftfowP sib/ geAo P-w,W nt& 0 .r APC Minutes December 20, 1984 A letter from Thomas and Gretchen Murr objecting to the proposed utilities and street improvements was submitted. Rrob moved, Mulrooney seconded the motion to recommend approval of the application for rezoning and further for preliminary plat approval subject to the following conditions: 1. Golden Meadow Road public improvements shall be approved by Council prior to final plat approval. 2. A 30 foot half right-of-way shall be dedicated for Golden Meadow Road. • 3. No driveways shall exceed 10% slope. 4. All other City requirements shall be complied with. 5. A detailed erosion control plan shall be submitted according to City requirements. All members voted in the affirmative. BRAD RAGAN, INC. - PYLON SIGN - CONDITIONAL USE PERMIT The hearing regarding the application of Brad Ragan, Inc. for conditional use permit for pylon sign to be located at 3815 Nicola Road came before the Planning Commission. The applicant now has a Goodyear ground sign and several other signs on the property at the intersection of Cedar and Highway #13 and it was noted that one pylon sign would be allowed. A representative of Brad • Ragan was present and stated that all other non -conforming signs will be removed to comply with the oridinance. Mulrooney moved, Wilkins seconded the motion to recommend approval, subject to the following conditions: 1. The pylon sign shall be limited to 99 square feet in area per side and 22 feet in height. 2. The pylon sign shall be a minimum of 10 feet from any property line. 3. Signs on the property shall be limited to one ground sign less than 7 feet in height and directional signs of less than 3 square feet in area. 4. All other signs presently on the proeprty and not in conformance will be removed from the premises immediately. All voted in favor. 5 73 Agenda Information Memo January 15, 1985, City Council Meeting Page Twenty -Four PRELIMINARY PLAT/RAHNCLIFF 2nd ADDITION B. M. G. Astleford for Preliminary Plat of Rahncliff 2nd Addition, Consisting of One Office Building on 5.7 Acres -- A public hearing was held at the last APC meeting held on December 20, 1984. The applicant is requesting preliminary plat approval of Rahncliff 2nd Addition consisting of one 5.7 acre lot for a 65,000 sq. ft., three story office building. The APC is recommending approval subject to conditions as outlined in the staff report to the City Council. For additional information on this item, refer to a report that was prepared by the planning and engineering departments found on pages �$ through $ Also enclosed on page 8' is a copy oS the APC minutes. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a pre- liminary plat for Rahncliff 2nd Addition as presented. 75� CITY OF EAGAN SUBJECT: PRELIMINARY PLAT — RAHNCLIFF 2ND ADDITION APPLICANT: M.G. ASTLEFORD LOCATION: OUTLOT B, RAHNCLIFF, PART OF THE NW'y OF SECTION 32 EXISTING ZONING: R.B. — ROADSIDE BUSINESS DATE OF PUBLIC HEARING: DECEMBER 20 984 DATE OF REPORT: DECEMBER 13, 1984 REPORTED BY: PLANNING & ENGINEERING DEPTS. PROPOSAL SUMMARY: The applicant is requesting Preliminary Plat approval of • Rahncliff 2nd Addition consisting of one 5.7 acre lot for a 65,000 sq. ft. 3 story office building. ZONING & LAND USE: Presently the parcel is zoned R.B. (roadside business). The applicant is currently pursuing a rezoning to L.B. (limited business). That rezoning request was recommended for approval by the APC on November 27, 1984. The City Council will be considering the rezoning on December 18, 1984. The parcel is bordered by Rahncliff 1st Addition on the north, I -35E to the east & south & vacant limited business land is to the west. Rahncliff 1st Addition consists of a hotel site, restaurant & service station parcels. The property has no significant vegetation since it has been graded previously. CODE COMPLIANCE: The proposal meets all the setback & lot coverage requirements • of a limited business district. SITE PLANNING: The site plan shows 305 surface parking spaces & 70 underground parking stalls which exceeds the 347 spaces required. by City code. Due to the close proximity of I -35E (175' from building to the south bound lane), extensive noise control methods should be utilized. Berming, landscaping & architectural design can help lessen the noise impact. The site plan presented with the Preliminary Plat application is not sufficiently detailed. It is the Staff's understanding that the applicant is in the process of revising the site plan and will have it available for the December 20th meeting. GRADING/DRAINAGE: Some site grading over this proposed development has been accomplished under Excavation Permit #32-011 in accordance with the approved grading plan accompanying the permit application. As it exists, the drainage over this proposed development is southerly to a low area located near the SE corner of this proposed development. This area is located within MnDot right—of—way of I -35E. 75 RAHNCLIFF 2ND ADDITION DECEMBER 20, 1984 PAGE 2. The proposed grading over this site proposes to collect all runoff generated by this site into internal storm sewer which in turn will be conveyed to the existing trunk storm sewer line located adjacent the NW boundary of I -35E. The, eventual discharge of this storm water runoff will be into Boesell Pond (AP -11). Although this pond does not have a permanent overflow outlet construct- ed from it, a temporary outlet is in the process of being constructed at this time. If this development is approved, consideration for installing a permanent downstream outlet from this pond should be undertaken. The majority of the drainage from this proposed development is to be contained within the boundary of the development, some runoff will undoubtly occur onto MnDot right-of-way. Subsequently, prior to Final Plat approval, written approval from MnDot should be obtained regarding the final site grading plan for this proposed development. UTILITIES: Sanitary sewer & watermain of sufficient size, capacity and depth exists within the proximity of this proposed development to provide service • to it. Figure 2 illustrates the location of the existing City utilities with respect to this development. As a requirement of the Rahncliff Addition, a public improvement project for the extension of the 16" trunk watermain and Laterial sanitary sewer and water main would be required prior to Final Plat approval. The only utilities required for this development will be water and sewer services and hydrant Leads. STREETS: Access to this proposed development will be by way of Rahncliff Ct. Rahncliff Ct. is to be constructed with the Rahncliff Addition and will be a loop street connecting to Rahn Rd. To facilitate the looping, Rahn Rd. will have to be extended approx. 200' south. These streets will be constructed to City standards for a 9 ton collector street status. RIGHT-0F-WAY/EASEMENTS: Right-of-way, as indicated on the Preliminary Plat, • shall be dedicated for the half right-of-way for Rahn Rd. and the full right-of- way for Rahncliff Ct., if the entire right-of-way for Rahncliff Ct. is not dedicated with the Rahncliff Addition. The utility easements shall be dedicated as shown on the plat adjacent the NE, SE, southerly & westerly borders of this proposed development. All other easements shall be dedicated as required by code. ASSESSMENTS: Trunk area water and sanitary sewer have been assessed over the existing parcel 00320-010-27. Also, lateral benefit for trunk sanitary sewer has been assessed along with a portion benefit for trunk watermain along Rahn Rd. (Project #370). The remaining obligation for lateral benefit from trunk watermain will be assessed upon the extension of the 16" trunk along this proposed development. In addition, trunk storm sewer area assessments were also Levied under Project 0370. All trunk area water, sanitary sewer & storm sewer assessments have been levied over this parcel and all costs for future lateral public improvements and lateral benefits from trunk watermain will be the sole responsibility of this development. 74 RAHNCLIFF 2ND ADDITION DECEMBER 20, 1984 PACE 3 RECOMMENDATIONS — RAHNCLIFF 2ND ADDITION 1. Concurrence from MnDot regarding drainage onto I -35E right—of—way. 2. A public improvement project shall be approved prior to Final Plat approval. 3.' All costs for future lateral public improvements and lateral benefit from trunk watermain shall be the sole responsibility of this development. 4. A detailed landscaping plan shall be submitted for Staff approval prior to any construction, showing plant species, size & location. Special attention should be paid to I -35E buffering & interior/exterior screening of the. parking lot. 5. 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I' N NdT IV 100 APC Minutes December 20, 1984 EAGAN WOODS OFFICE PARK - CONCEPT APPROVAL Mulrooney then moved, Wilkins seconded the motion to recommend approval of the concept plan for the Eagan Woods Office Park, noting that a Planned Development Agreement shall be entered into for the overall plan submitted with the Planning report; further, that the concept plan and other exhibits included with the packet shall be made a part of the Planned Development Agreement. All members voted yes except Hall who abstained on the motion. RARNCLIFF 2ND ADDITION - PRELIMINARY PLAT • The hearing regarding the application of M.G. Astleford for preliminary plat approval of Rahneliff 2nd Addition consisting of one 5.7 acre lot to include a 65,000 square foot three-story office building, came before the Planning Commission. Dale Runkle explained the project and noted the site plan provides for 305 surface parking spaces and 70 underground parking stalls, which exceeds the 347 parking spaces required by City Code. Extensive noise control methods should be utilized, including berming, landscaping and architectural design which could lessen the noise impact. Charles Novak, architect, and Jim Hill, Planner, were present. Mr. Novak stated that a window glazing system with glass set in rubber gaskets, and the thickness of the walls will tend to cut down the noise impact on the building. A row of trees will be constructed along the freeway side and the Planning Commission members recommended tightening the parking area to provide for additional green space along the exterior. The parcel directly to the south is intended for park and ponding. Krob moved, Mulrooney seconded the motion to recommend approval of the application, subject to these conditions: • 1. Approval from MnDOT regarding drainage onto I -35E right-of-way shall be acquired. 2. A public improvement project shall be approved prior to final plat approval. 3. All costs for future lateral public improvements and lateral benefit from trunk watermain shall be the sole responsibility of this development. 4. A detailed landscaping plan shall be submitted for Staff approval prior to any construction, showing plat species, size and location. Special attention shall be paid to I -35E buffering and interior/exterior screening of the parking lot. 5. All other City ordinances shall be adhered to. All members voted in the affirmative. e Agenda Information Memo January 15, 1985, City Council Meeting Page Twenty -Five SALARY COMPENSATION CONSIDERATION FOR 1985 C. Salary Compensation for 1985 -- The City Administrator will present an update on salary considerations for all non-union posi- tions as a part of the administrative packet on Monday. It is also expected that the City Administrator will present a counteroffer from the Police Association for consideration of a two year con- tract. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny salary compensation rates for 1985 as presented and/or modified by review and action of the City Council. i s/Thomas L. Hedges City Administrator r1 U 96 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 11, 1985 SUBJECT: INFORMATIVE PROTECTIVE INSPECTIONS REPORT Enclosed on pages_ through�-is a copy of the monthly report for December and the accumulative for building permits in 1984. Please note that the City issued 1,053 building permits during 1984. City Councilmember Wachter, Chief Building Inspector Peterson and the City Administrator met earlier this week at City Councilmember Wachter's request. The purpose of the meeting is to further discuss the possible need for additional manpower in building inspections and proposed legislation that will tighten up more controls assuring better quality for residential construc- tion. More meetings are planned to address these issues. REPORT REGARDING ADVERTISING SIGNS THROUGHOUT THE COMMUNITY As the City Council recalls, the City has employed Elmer Borgschatz as a MEED employee to perform the role of sign inspector. This is a six-month program. The purpose of hiring Mr. Borgschatz was to implement some of the desires of the City Council to crack down on signs by eliminating many of the signs that are illegally placed in the City by either physically removing the signs, requiring the owner of the sign to come into conformance with the City or enforce other appropriate regulations. Also, a sign inventory was desired as a part of the study. For a brief report from the sign inspector, refer to page qp . ROAD MACHINERY AND SUPPLY COMPANY As I indicated to the City Council, a letter would be forthcoming regarding the status of Road Machinery and Supply Company. A copy of that etter is enclosed for your review on page _'L through l\ City Administrator TLH/jj QG PROTECTIVE INSPECTIONS MONTHLY REPORT DECEMBER 1984 INSPECTION/OFFICE HOURS YTD This Month Year -To -Date Building 149.5 2,335.5 Plumbing 137 1,633.5 11VAC 99 1,019 Administrative/Office 32 444.5 Fire marshal 37 571.5 Miscellaneous 89 587.25 General Office 194 2,393.5 Permit Processing 358 2,461 NUMBER OF PERMITS ISSUED 1,752.00 21,390.00 35 This Month Year -To -Date Building, 74 1,053 Electrical 90 1,134 • Plumbing 37 887 hVAC 45 98o Water Softener 0 88 Well, Cesspool, Septic Tank -- 0 Signs 6 138 NATURE OF BUILDING PERMITS ISSUED 80.50 YTD MONTP.LY I _ Tv a Permits Valuation Permit Fee Plan Check Fee Total Fee* 514 Single Family 44 3,321,000 15,756.50 7,876.25 82,797.65 26 Du lex 2 114,000 608.00 304.00 3,605.00 229 1 Multi -Family 12 636,000 3,504.00 1,752.00 21,390.00 35 Cormuercial 6 910,900 2,575.00 1,250.25 12,721.75 3 3 Agricultural Industrial 1 0 5,900 56.50 -- 59.50 2 Institutional 0 31 Res. Garage 1 9,500 80.50 85.50 19 Swim. Pool 0 161Hiscellaneous 8 48,200 434.50 140.50 600.50 1,053 TOTALS 74 5,045,500 23,015.00 11,323.00 121,259.90 YEAR-TO-DATE 73,043,863. 311,851.75 149,983.25 1,871,219.05 * Total Fees Include: Building Permit Fee, Sur -Charge, Plan Check Fee, SAC Unit Fee, Water Connection Fee, Water Meter Fee and Road Unit Fee. Also includes park dedication fee. V-7 PROTECTIVE &ECTIONS - MONTHLY INFORMATION • DATE: DECEMBER 1984 MIRTT—VAMTTV RRVARfl(IWM. � 1 rnmM R!'TAT TMTIICTRTAT. AMn TMCTTTTTTTnMAT. RRVAVnnLMe BUILDING NUMBER NUMBER OF i NUMBER OF PERMIT SUR- SUR- PLAN CHECK TYPE OF PERMITS BUILDINGS UNITS VALUATIONS PERMIT FEES CHARGE FEES TOTAL FEES 4 -UNIT TOWNHOUSE 12 3 12 636,000 3,504 318 1,752 21,390 6 -UNIT L 1 B 2 CEDAR/CLIFF COMM DOUG COLE 75,000 358.00 37.50 179.00 574.50 COMM TOWNHOUSE 1500 TOWERVIEW RD 8 -UNIT L 1 B 1 SPERRY PARK ADD SPERRY CORP 8,100 74.50 4.50 - 79.00 COMM TOWNHOUSE 1500 TOWERVIEW RD ` APT. OR L 1, B 1, SPERRY PARK ADD SPERRY CORP . 48,800 278.50 24.50 139.25 442.25 COMM CONDO 4165 LEXINGTON AVE DUPLEX 2 1 2. 114,000 608 57 304 3,605 TOTALS 14 4 14. i 750,000 4,112 375 2,056 24,995 rnmM R!'TAT TMTIICTRTAT. AMn TMCTTTTTTTnMAT. RRVAVnnLMe BUILDING _ PERMIT SUR- PLAN CHECK PERMIT # ADDRESS & LEGAL OWNER VALUATIONS FEE CHARGE FEES TOTAL FEES OCCUPANC 2125 CLIFF RD 9763 L 1 B 2 CEDAR/CLIFF COMM DOUG COLE 75,000 358.00 37.50 179.00 574.50 COMM 1500 TOWERVIEW RD 9768 L 1 B 1 SPERRY PARK ADD SPERRY CORP 8,100 74.50 4.50 - 79.00 COMM 1500 TOWERVIEW RD 9773 L 1, B 1, SPERRY PARK ADD SPERRY CORP . 48,800 278.50 24.50 139.25 442.25 COMM 4165 LEXINGTON AVE 9775 L 1, B 54, SECT 23 CITY OF EAGAN 180,000 N/A N/A N/A N/A COMM 2950 DODD RD CHURCH 9778 L 3, B 75 SECT 2 TRTNITY'LONE OAK 5,900 56.50 3.00 - _ 59.50 AGRIC 3960 BEAU D'RUE 9829 L 1, B 11, SECT 19 MILLWORK OF EAGAN 504,000 1,443.00 252.00 721.50 10,946.50 COMM 1500 TOWERVIEW RD 9830 L 1, B 1, SPERRY PARK ADD SPERRY CORP 95.000 421.00 48.00 210.50 679.50 COMM c -'i, PROTECTIVE INSPECTIONS - MONTHLY INFORMATION 1983 TOTALS: IONS & FEES Single Family - 503 Ind/Comm/Instit. - 25 Valuation - $ 62,725,950.00 Duplex - 64 Res. Garage - 25 Bldg. Permit Fee - $ 278,590.00 Four Unit - 92 Swimming Pool - 10 Sur -Charge - $ 34,798.50 Six Unit - Miscellaneous - 177 Plan Check Fee - $ 135,878.50 Eight Unit - 24 Apt/Condo - 33 TOTAL: - 983 TOTAL FEE: - $ 1,590,077.39 VOID: 11 `O MEMO TO: DALE PETERSON, CHIEF BUILDING OFFICIAL FROM: ELMER A. BORGSCHATZ, SIGN INSPECTOR DATE: JANUARY 8, 1985 RE: SIGN STATUS — UNDER SECTION 4.20 I am pleased to present this interim report for the first 40 days of the 120 days that I hope to serve the City of Eagan as sign inspector. Permit me to summarize this status report and my observations to date. My main emphasis up to this time was to check the signs in the field and to collect the renewal fees that were due July 1, 1984. Out of some 590 registered signs, I found 126 were unpaid. As of this date, three (3) persons have not responded to a November follow—up letter or numerous telephone calls. In fairness I felt this step was necessary to dispel the frequent comments, "Nobody else pays renewals, why should I?" • We also found that 16 firms had gone out of business. It was difficult to determine the date that the demise took place, therefore, no collections were made. New tenants were contacted with a very good response. I feel that the building and business pylon signs have been identified with one or two exceptions. We fear, however, that 12 to 15 ground and advertising signs are illegal. Some firms have been cooperating in removing their signs. To date I have been careful not to force the issue when voluntary compliance has been fairly successful. I believe we need to solicit the cooperation of the sign companies. Legal sign permits as of January 2, 1985 are as follows: Ground Signs 203 Building Signs 290 Business Pylons 51 • Advertising Signs 36 Temporary Advertising 21 TOTAL: 601 I would suggest that a block by block inventory be made by April 9, 1985. I do need some direction in the process of removing the illegal signs. Removal of the signs without permits would have a tremendous impact on future compliance. Signs have an impact on the character and quality of the environment as prominent parts of the scenery. They attract or repel the viewing public, affect the safety of vehicular traffic, their suitability or appropriateness helps to set the tone of the neighborhood. When signs are too numerous, they can downgrade an area, depreciate property values and discourage investors and visitors. Unsightly signs violate the right of other sign users who have higher standards and values of their community. I shall be pleased to provide you with any specifics relative to the ordinance and any criteria that is necessary to affectively enforce the regulation. 7 _ ROAD MACHINERY 6 SUPPLIES CO. Michael R. Sill Chelrman end Chlal Eeeculive Officer City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Attention: Mr. Tom Hedges, City Administrator Dear Tom: December 28, 1984 MRS/sld -` �� •-` 4901 West 80th Street • Minneapolis. Minnesota 55437 • Phone: (612) 835-3535 • E This letter will confirm our telephone conversation of December 21 in which I informed you that the bond council repre- senting the bond holders, Susan Van Dyke, from the Dorsey Whitney - firm, surprised us with the comment that they could not give us a positive opinion as to our qualifying for an industrial revenue bond. The reason was that she felt that our rental and leasing activity - put us over the $10 million limit from capital investment. We intend to request a private ruling from the I.R.S. as to our qualifying for the industrial revenue bond as the law is not -' clearly stated. We feel as though our rental and leasing business should not be classified as capital investment. �ic�; ldtr�?c:°s=ires It is still our intent to move our corporate headquarters to the site on Highway 13 and Old Cedar Avenue. However, the urgency is not quite as great as it was, as we were trying to complete everything before the December 31, 1984 deadline. I will be con- tacting you in January to bring you more up to date with our plans. I am also taking the liberty of sending you a copy of a letter from Steve DeRuyter, our council, which gives you some additional clarification. Thanks again, Tom, for all your consideration, and I will be looking forward to our visit around January 15. Sincerely, MRS/sld -` �� •-` 4901 West 80th Street • Minneapolis. Minnesota 55437 • Phone: (612) 835-3535 • E AMOs y, DEINARD SIDNEY LORBEP SIDNEY BARROWS HAROLD D. FIELD, JR, ALLENI SAEFS THOMAS D FEINBERG MORRIS M. SHERMAN GEORGE REILLY DAVID N. COR STEPHEN R. PFLAUM CHARLES A, MATS A NCYC. DR. HER LOWELLJ NOTEBOOM GEORGE F. MCGUNNIGLE. JR, FREDRIC T. ROSENBLATT BYRON E. STAPNS STEVEN D. D.RUYTER ALAN J. WILENSNY STE PHEM J. DAVIDSON STEPHEN R. LITMAN DAVID C. ZALN EDWARD M. MOERSFELOER ROBERT LEWIS BARROWS HUGH M. MAYNARD MICHAEL A. NE.ICM MARTHA C. BRAND PROFESSIONAL CORPORAT10HS LAW OFFICES LEONARD, STREET AND DEINARD A PARTNERSNIP INCLUDING PROFESSIONAL CORPORATIONS 1200 NATIONAL CITY BANK BUILDING 510 MAROUETTE AVENUE MINNEAPOLIS, MINNESOTA 55402 TELEPHONE AND TELECOPIER 16121 339-1200 December 31, 1984 Michael R. Sill, President Road Machinery & Supplies Co. 4901 West 80th Street • Bloomington, MN 55437 JAMES V. ROTH ROBERT L. DCMAY M, PATRICIA SCHAFFER ANGELA M. BOMMANN ROBERT O, ARRIN ROBERT P. THAV15 JAMES G.BULLARD JOSEPH M. FINLEY LAWRENCE J. FIELD JON. MA RIC BELL" RICHARD RAPSON MAR. S. WEITZ GEORGE B. WYETM NA NCY A. WELSH LOWELL V. STORTZ MARY BENJAMIN TREVOR J. BRADFORD GOSS DOUGLAS B. GREEN5WAG GEORGE B. LEONARD 11872.19"1 ART MOR L- N. STREET II8TT-1960 BENEDICT DEINARD (1899-19691 IRENE SCOTT DAVID N.MATNES D. R .... IL BOYER Re: $2,500,000 Industrial Development Revenue Note Bloomington Properties Project Road Machinery & Supplies Co Lessee City of Eagan, Minnesota Dear Mr. Sill: You have requested that I write a letter to you explaining the reason why we and bond counsel in the above project con- cluded that it was inadvisable to go forward with the closing of the IDR Note on Friday, December 21, 1984. You proposed to issue the IDR Note under the provisions of Section 103(b)(6)(D) of the Internal Revenue Code. That • section provides that an issuer may elect to issue an "exempt small issue" in an amount greater than $1 million but less than $10 million. For purposes of determining the amount of such issue, there must be taken into account the face amount of the IDR rate to be issued, the outstanding face amount of any prior exempt small issues in the same, municipality, and the aggregate amount of capital expenditures .with respect to facilities paid or incurred during the six year period beginning three years before the date of such issue and ending three years after such date and financed otherwise than out of the proceeds of outstanding issues to which Section 103(b)(6)(A) applies). The facilities to be taken into account are those located in the same incorporated munici- pality or located in the same county (but not in any incor- porated municipality), the principal user of which will be the same person or two or more related persons. 92J Michael R. Sill December 31, 1964 Page 2 with respect to your situation, then, the question was whether the total of all capital expenditures, including the $2,500,000 IDR Note which you proposed to close on December 21, would exceed $10,000,000 for capital expenditures to be used by Road Machinery &'Supplies Co. within the City of Eagan, Minnesota. The principal issue with respect to Road Machinery & Supplies Co. concerned the substantial amount of leased or rental equipment owned by your company. The total amount of such equipment acquired by your company during the past three years alone exceeds $10,000,000. If those pur- chases were deemed to be "inventory," no problem would exist. If, on the other, those purchases were deemed to be "capital expenditures," they must be included in the computation of the $10,000,000.00 limit. • Recent rulings by the Internal Revenue Service under factual situations somewhat similar, although not identical to yours, have provided some insight on the answer to this . question, but do not provide a clear definitive answer. Because of the imprecise nature of the law in this area, it was the mutual conclusion of bond counsel, our firm and yourselves that it was not advisable to move forward and close the bond issue. The risk if we had closed and the Internal Revenue Service had later determined that the expenditures for leased equipment were in fact "capital expenditures" was that the interest paid under the IDR Note would have been taxable. This in turn would have permitted the bond holder either to call the -note (thereby. requiring_ Road. Machinery to refinance the entire project) or .to increase the rate payable on the bonds to a modest -rate for taxable notes. Either of the fore- going consequences would have rendered the project financially infeasible. • . Unfortunately, the capital expenditure issue was not thoroughly investigated until the week prior to the scheduled closing. I did not become involved in the project until ten days before closing. At that time, the,issue was raised and discussions occurred between myself, bond counsel and members of your company in an attempt to assemble the relevant facts and to research the applicable law. Although bond counsel had been reviewing this project for some time prior to the time when this issue was raised, I cannot explain why this issue, which was of central and paramount importance in determining whether an IDR Note could be used to finance the project, was not investigated at an earlier date. Obviously, had this Iia Michael R. Sill December 31, 1984 Page 3 issue been investigated earlier, much time and expense on your. part and on the part of the officials of the City of Eagan could have been avoided. As I have told you in our telephone conversations, it would be possible to request the Internal Revenue Service to render an official ruling on the question which prevented this project from being completed. I would suggest, if you plan to finance the project through an IDR Note at a future date, that you obtain such a ruling well in advance of the application date. We would be able to assist you in applying for such a ruling. 0 SDD:kjd • 41 Very truly yours, LEONARD, STREET AND DEINARD Steven D. DeRuyter t- AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL JANUARY 15, 1985 6:30 P.H. - I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES III. 6:40 - DEPARTMENT HEAD BUSINESS �.� A. Fire Department 1C. Park & Recreation Department B. Police Department 3 D. Public Works Department IV. 6:55 - CONSENT AGENDA 6A. Contractor Licenses JB. Eagan Optimists Club for Temporary Gambling License Applica- tion for Raffle to be Held April 1, 1985 C. Mn DOT Plans & Specifications, I -35E Paving & Fencing PIE.D. Personnel Items P9 E. Waiver of Plat/Split Duplex Lots for Sunshine Construction Lot 8 & Lot 12, Block 1, Oakwood Heights 2nd Addition F. Waiver Plat/Split Duplex Lots for Sunshine, Construction, Lot ./I G. 1, Block 1, Suncliff 1st Addition Resolution Authorizing Participation in the Control Data Business Advisors, Inc., Joint Comparable Worth Study 11 H. Project 405, Rahn Road Street Improvements to Cancel 1-2-85 `+ City Council Action & Establish a Public Hearing for the 2- 5-85 City Council Meeting to Reconsider the Proposed Improvements P.41. Project 431, Receive Petition/Order Feasibility Report (Johannes Addition - Trunk Storm Sewer) J. Project 428, Receive Feasibility Report/Order Public Hearing / (Cedar Industrial Park - Street & Storm Sewer) 'pppp /9 K. 1985 Trunk Related Assesment Rates Z� L. Final Plat Application, Flour Bin International 1st Addition (Rand Incorporated) q Z=j M. Final Plat Application, Wescott Hills Revised 2nd Addition / (Kendale Incorporated) V. 7:00 - PUBLIC HEARINGS A. Project 413, Cedar Grove 4th Addition (Street / Reconstruction) (Continued from the 12-18-84 meeting) 9 Z1 B. Vacation of Ponding Easement, Holmes Addition (Continued from the 1-2-85 meeting) 41 C. Final Assessment Hearing, Project 395I, Lexington Avenue (Trunk Water Main) 30 D. Final Assessment Hearing, Project 396, Westbury 1st & 2nd Additions (Streets & Utilities) V.32 -E. Final Assessment Hearing, Project 401, Lexington Square (Trunk Sanitary & Storm Sewers) y 3y4F. Consideration of Multifamily Housing Bonds for the Blackhawk Townhouse Project VI. 1985 CALENDAR YEAR CITY COUNCIL ORGANIZATIONAL BUSINESS A. Acting Mayor F. Health Officer B. Legal Newspaper G. City Council Meetings C. City Depositories H. Committee Appointments D. Official Posting Places (Council) E. Advisory Commission Appointments I. Fiscal Consultant (Resident) J. Legal Consultant K. Consultant Fee Schedule VII. OLD BUSINESS It A. Dominium Group (Janck Safar) for Preliminary Plat of Thomas Lake Place Containing 238 Multiple Dwelling Units on Approximately 17 Acres Located in Part of the SE 1/4 of Section 28, East of Thomas Lake Road and North of Cliff Road LB. Alscor/Opus Corporation for Preliminary Plat of Lemay Lake 1st Addition & a Concept Plan for Adjacent Commercial Land, Consisting of Approximately 290 Apartment Units on 17.7 Acres Located in the NE 1/4 of Section 10 and Establish a Date for a Public Hearing to. Consider Multi—Family Housing Revenue Bonds in the Amount of $13,000,000 for the LeMay Lake VIII. NEW BUSINESS A. Brad Ragan, Inc., for Conditional Use Permit to Allow a Pylon Sign at 3815 Nicola Rd., Park of the N1/2 of the NW1/4 of Section 19 I ,4 B. M. G. Astleford for Preliminary Plat of Rahncliff 2nd Addition, Consisting of One Office Building on 5.7 Acres, Outlot B, Rahncliff Addition, Part of the NW1/4 of Section 32 ,t .p b5 C. Salary Compensation Consideration for 1985 IX. / ADDITIONAL ITEMS X. VISITORS TO BE HEARD (for those persons not on the agenda) XI. ADJOURNMENT 2 MEMO TO: FROM: DATE: HONORABLE MAYOR AND CITY COUNCILMEMBERS CITY ADMINISTRATOR HEDGES JANUARY 10, 1985 SUBJECT: AGENDA INFORMATION After approval of the January 2, minutes and further, the agenda for t000cil meeting, the followwing items 1985, regular City Council the January 15, 1985, City are in order for considera- FIRE DEPARTMENT A• Fire Department - Fire Department at this timers are no items to be considered under POLICE DEPARTMENT B. Police Department-- ing that consideration be Police Chief Berthe is for a o the transfer of a manpowerallocation given tion one-half time Cadet position to that of a one-half Clerk-Typist/Receptionist. ' the 1985 budget and after Both to were time determined b further reviewing requested in Y police personnel that the Clerk-Typist/Receptionist need, it was on a part-time basis has a greater need at this time. For additional than the Cadet request b information on this position y the Chief of Police, refer to page item and a a PARKS & RECREATION DEPARTMENT r. Parks & considered under ReParks l&n Department -- There are o Recreation Department at this time. to be M 3830 Pilot Knob Road Eagan, Minnesota 56122 20 December 1984 TO: Thomas L. Hedges, City Administrator FROM: Chief of Police SUBJECT: HALF TIME CADET POSITION police department AV M. eERTNE GNwa . PATRICK J. GEAGAN KENNETH O.A MANN 0.d.n. U,.1. After receiving the final 1985 budget adjustments regarding person- nel for the Police Department, my staff and I discussed each of the positions allowed in the budget. We found each position justified with the exception of the half time (1040 hours)Cadet position. My staff and I fully agreed that instead of the half time Cadet position,we could better utilize the half time Clerk Typist/Recep- tionist position in all respects for an overall increase in productivity within our department. The Clerk Typist/Receptionist position was cut from our budget but upon final analysis, we find this position needed much more than that of the Cadet. We currently have a half time Clerk Typist/Receptionist working for us, handling walk-ins, typing reports, etc. The new half time position would then amount to two half time persons working a 40 -hour a week position. This would allow more flexibility to cover the position than would one full-time employee. If approved, the cost for the half time Clerk Typist/Receptionist would 'actually be a savings in the budget because of the hourly pay structure. I would recommend that the half time Clerk Typist/Receptionist position be approved over that of the half time Cadet. Thank you for your consideration. ^ Ja Berthe L' JMB/vk THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Agenda Information Memo January 'o15, 1985 City Council Meeting 4 PUBLIC WORKS DEPARTMENT D. Pulbic Works Department the Water Filtration Treatment increased the water user fees cost. As the Council recalls, to finance the construction of the following three methods: With the pending completion of to ahel the City Council recently finance the retirementof ticonstruction the bonds sold this facility are financed through I. Increase in quarterly user fees. 2• Capital fund from previous surcharges. • 3. A surcharge on each new connection. The feasibility report that was prepared in November and presented through the public hearings of 1982 that the of 1981 water rate increase would be 15tof 1 estimated the connection surcharge starting at $450 Council gallons with anticipated fund awars�bal balance through at bids and unit. As the approved from previous greater than water rate increase surcharges, the recently (46%) as compared to the estimate, limited to 6.9C/1000 gallons surcharge on building permits surcharge compared to the estimated $450/unit (29g)_ Y� the connection been reduced to $132/unit Therefore, the staff is recommending that the Cit formal action to inititate a connection $132/sac unit Y Council take for 1985 to be retroactive permit surcharge of increase by $29/year thereafter for the 20 to January 1 and to • tion bond repayment schedule. Enclosed Years of the construc- copy of the "Capital Recovery Schedule'�n howi n is revenue sources a treatment necessary to finance the constructions various facility. of this ACTION TO BE CONSIDERED ON THIS ITEM: To connection permit surcharge of $132/sac approve a water January 1, 1985 unit utility , to be increased by $24/year.retroactive to CAPITAL RECOVERY SCHEDULE E-51910 Annual Avg. Estimated Connection Charge Surcharge Rates Per Total Bond Fund New Total Conn. Water Sold 1000 gal. Charge Per Conn., Income Rale Per Conn. Income RateWater 1000 gal. Income Income Expenses Transfer Balance Year -- Conn. - $1,425,000 1984 620 7,282 1,250,000 $132 $ 81,840 $24 $174,768 $0.069 $ 86,250 $342,858 $595,225 $252,767 1,172,6 J3 1985 650 7,917 1,324,640 156 101,400 24 190,008 0.069 91,400 382,808 586,725 203,917 968,716 1986 670 8,577 1,392,930 180 120,600 24 205,848 0.069 96,112 422,560 602,162 179,602 789,114 1987 650 9,237 1,457,920 204 132,600 24 221,688 0.069 100,596 454,884 591,537 136,653 652,461 1988 630 9,877 1,513,110 228 143,640 24 237,048 0.069 104,405 485,093 604,850 119,757 532,704 1989 600 10,492 1,610,760 252 151,200 24 251,808 0.069 111,142 514,150 592,100 77,950 - 454,754 1990 570 11,077 1,703,760 276 157,320 24 265,848 0.069 117,559 540,727 674,788 134,061 320,693 1991 1992 530 11,627 1,792,110 300 159,000 24 279,048 0.069 123,656 561,704 652,912 91,208 229,485 500 12,142 1,874,260 324 162,000 24 231,408 0.069 129,324 582,732 726,662 143,930 85,555 1993 500 12,642 1,951,760 348 174,000 24 303,408 0.069 134,671 612,079 695,600 83,521, 2,034 1994 500 13,142 2,029,260 372 186,000 24 315,408 0.069 140,119 641,427 663,925 22,498 - 20,464 1995 500 13,642 2,106,760 396 198,000 24 327,408 0.069 145,366 670,774 679,600 8,826 - 25,290 1996 500 14,142 2,184,260 420 210,000 24 339,408 0.069 150,714 700,122 642,700 - 57,422 28,132 1997 500 14,642 2,261,760 444 222,000 24 751,408 0.069 156,061 729,469 605,700 -123,769 151,901 1998 1999 500 15,142 2,339,260 468 234,000 24 363,408 0.069 161,409 758,817 568,600 -190,217 342,118 2000 500 15,642 2,416,760 492 246,000 24 375,408 0.069 1666,756 788,164 531,400 -256,764 598,882 2001 500 16,142 2,494,260 516 258,000 24 387,408 0.069 172,104 817,512 494,000 -323,512 922,394 2002 500 16,642 : 2,571,760 540 270,000 24 399,408 0.069 177,451 846,853 456,400 -390,459 1,312,853 2003 500 17,142 2,649,260 564 282,000 24 411,408 0.069 182,799 876,207 418,800 -457,407 1,770,260 2004 500 17,642 2,726,760 588 294,000 24 423,408 0.069 186,146 905,554 - 0 - -905,554 2,675,814 E-51910 Agenda Information Memo January 15, 1985 City Council Meeting Page Three •MUMNEREM There are thirteen ( 13) items on the agenda referred to as consent requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the consent agenda and placed under additional items unless the discussion required is brief. CONTRACTORS LICENSE A. Contractors License doing work have been d • g in the seven county metropolitan area or the City h Eagan and are considered reliable upon a detailed reference check by the Chief Building Inspector. All the necessary documents and fees have been submitted, and it is the recommenda- tion of the Chief Building Inspector that these contractors be licensed according to the City Code. A copy of the list Of contractors is enclosed on page _/&— for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the submitted for contractor license. list as n LJ • • CONTRACTOR'S LICENSE - JAMIARY 15, 185 GFNEFAL CONTPA.CTORS 1. ORV BAK= ( INSULATION ) 2. D.Y.F. CONSTRUCTION, INC. 3. PF -ARSON C01IST., G.D. 4. QUALITY E:'-ERICRS, INC. 5. TO"M TF.U!T, MARKETS, I??C. 6. WTTCHFP. CONSTRUCTION CO. FFATINO/VENTILATING 1. ADVANCED HEATING 9: AIR CONDITIONING 2. AIfEP.ICAN BURN&R SERVICE 3. BOSTRM! SHFET':'77AL WORF.S, INC. 4. COOL AIR MECWTICAL, INC. 5. EQUIP?,fMT SUPPLY, INC. 6. HARRIS.hECHANICAL CONTRACTING 7. ITTRO AIR, 8. MODERN FFATING r AIR CONDITIONING 9. SBS AMCFANICAL, INC. 10. FRED VOLT & CO`.TA.iIY 11. YALE, INC. WATER 90FTnfrR 1. LEO'S PLLMING 2 1. LFO'S PL17MING 2. MOTZ PLUT.MING P: HFATING 3. MUPR PLUTMING, INC. 4. R.C. PLUMIM, 5. STANT PLU!TING ?, HEATING 6. RAY STEGORA PLU1.iBING CO. 7. STEINS, INC. 8. VAI:LEY PLU?.MING Agenda Information Memo January 15, 1985, City Council Meeting Page Four TEMPORARY GAMBLING LICENSE/OPTIMIST CLUB OF EAGAN B. Eagan Optimist Club for Temporary Gambling License Application for Raffle to be Held April 1, 1985 -- An application was received from Michael Schultz and Gary Morgan representing the Optimist Club of Eagan for a temporary gambling license to conduct a raffle. The membership will sell raffle tickets with a drawing to be held April 1, 1985. The Police Department has made an investigation of' this application and reports there are no reasons found by the Eagan Police Department to consider denial of the application. City Council has previously requested the gambling license applications be provided as a part of the packet informa- tion. This application is included without page number. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve a temporary gambling license application submitted by the Eagan Optomist Club for a raffle to be held April 1, 1985. • Agenda Information Memo January 15, 1985, City Council Meeting Page Five APPROVE PLANS & SPECIFICATIONS/I-35E C. Approve MnDOT Plans and Specifications, I -35E (Paving and Fencing) -- We have received the final detailed plans and specifi- cations providing for the final surfacing and fencing necessary for the completion of I -35E from the Cedar Freeway interchange to Lone Oak Road. The two major concerns pertaining to the fence location adjacent to Hillandale #2 Addition and Mission Hills Park (Vienna Woods) have been satisfactorily resolved with MnDOT and the fencing will be relocated in accordance with the City's requirements. MnDOT proposes to go out for bids on January 25, 1985, with construction to begin May 1 and completion no later than November 1 of 1985, at which time this final segment of I-35 will be fully open to traffic. ACTION TO BE CONSIDERED ON THIS ITEM: Pass a resolution approving • the construction plans and special provisions for S.P.19.82-69 (concrete paving and fencing) and authorize the Mayor and City Clerk to execute all related documents. 40. 211 Agenda InfoYmation Memo January 15, 1985, City Council Meeting Page Six PERSONNEL ITEMS D. Personnel Items -- Clerk/Typist Position for Protective Inspec- tions and Parks & Recreation Departments - In the Spring of 1984 a temporary clerk/typist position was approved by the City Council for the Protective Inspections and Parks & Recreation Departments. Nancy Bryant was hired effective April 23, 1984, to fill that position on a temporary basis. It is the recommendation of Chief Building Inspector Peterson and Parks & Recreation Director Vraa that Nancy Bryant be hired as the permanent part-time clerk/typist for their departments. Ms. Bryant was informed by the Department heads that this request will be presented to the City Administrator and City Council effective January 1, and formally considered at • the January 2 meeting. Due to Ken's accident and absence from work during that period of time the request was delayed. Assuming no objection by the City Council the official starting date for Ms. Bryant as a permanent employee would be January 1, 1985, as noticed by her immediate supervisors. ACTION TO BE CONSIDERED ON THIS ITEM: To approve Nancy Bryant as the 1/2 time permanent clerk/typist for Protective Inspections and Parks & Recreation Department with her employment status starting officially January 1, 1985. WAIVER OF PLAT/OAKWOOD HEIGHTS 2ND ADDITION E. Waiver of Plat/Split Duplex Lots for Sunshine Construction Lot 8 and Lot 12, Block 1, Oakwood Heights 2nd Addition -- An • application for waiver of plat was submitted by Sunshine Construc- tion for Lot 8 and Lot 12, Block 1, Oakwood Heights 2nd Addition. The waiver of plat is merely a technicality to split two duplex lots into separate parcels for individual ownership. The existing houses meet all the setback and lot coverage requirements of an R-2 District. On May 1, 1984, a 10' front setback variance was granted for Lot 12. It has been a previous ruling of the City Council that a waiver of plat for these purposes is to be considered as a consent item. For a copy of the surveyors certificate and location of the property refer to pages A0 through 1L. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the waiver of plat for Sunshine Construction for the purpose of splitting an existing duplex lot into separate parcels for individual ownership for both Lots 8 and Lot 12, Block 1, Oakwood Heights 2nd Addition. 0 SURVEYOR'S 'CERTIFICATE * ' 'SUNSHINE CONSTRUCTION CO. \ / s Of Vol 0 RT N• �( ��NE ,b "cNb is }go"'N88°43'39"E x4082- �Gj bb �-30.12 .; £XISTIN G A £ �� I •v � io 2 bh _ Z � 1 b V lg1o4 4108 25 2s b � c _ ' 5ti s OSED . EL A ! q N86°58;20"W /32./5 V co S'LY LINE OF LOT 8 Jo 3 J O SCALE 1=40 /1) R ¢ J o\`' 24.27 PER PLAT / �6 N86°58;20"W /32./5 V co S'LY LINE OF LOT 8 Jo 3 J O SCALE 1=40 /1) SURVEYOR'S*. CERTIFICATE .� of f '1_i� O " O ' 5 \ 1 I ` O ` LOT \q /w \syr P= 30, 12 ui O \O_ PROPOSED o \ sm \ PARCEL A C) m PROPOSED \ PARCEL B . - 9 y �. �.. � •.. � 891.8 904.0+ X198.9 ` I 80. a \ 50 \COMMONPARTY.� y20.00 I v OO „1 \ bWALL ONLINE `p�� E�� . 5 N GJ N GR m w % % 20.33..:, q.$9.5(}j9k0 904.00+' r� — — — 199A � ,011 97.49 - 01 XB99.t ' D?129°5Ra1870f �s � �30 DR. N ro 25 �0 R \\ GOL)� P Agenda Information Memo January 15, 1985, City Council Meeting Page Seven WAIVER PLAT/SUNCLIFF 1ST ADDITION - SUNSHINE CONSTRUCTION F. Waiver Plat/Split Duplex Lots for Sunshine Construction Lot 1, Block 1, Suncliff 1st Addition -- An application was received from Sunshine Construction requesting a waiver of plat in order to split an existing duplex lot into separate parcels for individual ownership. The existing home meets all the setback and lot coverage requirements for an R-2 District. For a copy of the certificate of survey illustrating the location of the duplex lot refer to page /3 ACTION TO BE CONSIDERED ON THIS ITEM: To approve the waiver of plat to split a duplex lot for Sunshine Construction Lot •1, Block 1, Suncliff 1st Addition for individual ownership purposes. • /Y W �Q C. R. WINDEN & ASSOCIATES, INC. V LAND SURVEYORS TOL 645.3646 FOR: DEER 1361 EUSTIS ST., ST. PAUL, MINN. 55105 MCKLYN CONSTRUCTION�89 65'31"ER'io�37�<�S 50.00 4,�g�32, 3`, 6 0 N \ m m � m \ r O �J V IC9 O� Nnt�o Scale: 1"=30' 0 Denotes Iron Monument All of Lot 1, Block 1, Sun Cliff First.Addition lying westerly of a line drawn from a point.on the south line of said Lot 1 distant 48.03 feet from the southwest corner of said Lot 1 to a point on the north line of said Lot 1 distant 86.60,feet easterly from the northwest corner of said Lot 1. WE HEREBY CERTIFY THAT THIS 15 A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE LAND ABOVE DESCRIBED AND OF THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON, AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND. Dated this 29-th dor of Dccemne/ A.D. 1954 C. R. WINDEN d ASSOCIATES, INC. IT byo �Gu!.Lrr.Eiw• Surveyor, Minnesota Registration No.. 7z' W O Q O !O v o om I c V) I v a c j N \ m m � m \ r O �J V IC9 O� Nnt�o Scale: 1"=30' 0 Denotes Iron Monument All of Lot 1, Block 1, Sun Cliff First.Addition lying westerly of a line drawn from a point.on the south line of said Lot 1 distant 48.03 feet from the southwest corner of said Lot 1 to a point on the north line of said Lot 1 distant 86.60,feet easterly from the northwest corner of said Lot 1. WE HEREBY CERTIFY THAT THIS 15 A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE LAND ABOVE DESCRIBED AND OF THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON, AND ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND. Dated this 29-th dor of Dccemne/ A.D. 1954 C. R. WINDEN d ASSOCIATES, INC. IT byo �Gu!.Lrr.Eiw• Surveyor, Minnesota Registration No.. 7z' • • Agenda Information Memo January 15, 1985, City Council Meeting Page Eight RESOLUTION ADOPTING CONTROL DATA BUSINESS ADVISORS G. Resolution Authorizing Participation in the Control Data Business Advisors, Inc. Joint Comparable Worth Study -- Attached on page is a resolution authorizing participation in the Control Data Business Advisors, Inc. Joint Comparable Worth Study. As previously explained to the City Council, Arthur Young and Associates are conducting a position evaluation, salary compensa- tion and personnel evaluation study for all City positions. The compensation plan and position evaluation as being performed by Arthur Young and Associates can be used to satisfy the comparable worth legislation. Since a number of municipalities within the metropolitan area and throughout the State of Minnesota have decided to join forces to perform a joint comparable worth study, it seemed appropriate that the City of Eagan give consideration to being a part of that plan. The cost to the City of Eagan will be. only the $3000 charge. The additional $35 per person charge for each of the 100 employees within the City of Eagan will not be assessed which is a credit given to this City due to the study presently being performed by Arthur Young and Associates. The City of Eagan will reserve the right to adopt either the comparable worth results of Arthur Young or the joint study of Control Data this fall providing maximum flexibility in its effort to safisfy the comparable worth legislation. A copy of this is found on pages through 1kL. ACTION TO BE CONSIDERED ON THIS authorizing participation in the Inc. Joint Comparable Worth Study. ITEM: To approve the resolution Control Data Business Advisors, S A M P L E R E S O L U T I O N — — — — — — — — — — — — — — — — RESOLUTION NO. RESOLUTION AUTHORIZING PARTICIPATION IN THE CONTROL DATA BUSINESS ADVISORS, INC. JOINT COMPARABLE WORTH STUDY. WHEREAS: Minnesota Statutes 471.991 enacted in 1984 requires all political subdivisions in the State to establish equitable compensation relationships among its employees; and WHEREAS: The Metropolitan Area Management Association, the Coalition of Outstate Cities, the Minnesota Municipal Utilities Association and other related public jurisdictions desire to • meet the requirements of the law through a joint job evaluation study; and WHEREAS: The Metropolitan Area Management Association in consultation with representatives of outstate cities and after meeting and conEering with representatives of organized labor screened and selected Control Data Business Advisors, Inc. as the consultant to perform the study; and WHEREAS: The cost of the study is to be divided among the participating jurisdictions in the following manner: Each entity will pay a base charge of Three Thousand Dollars ($3,000.00) and a charge per employee of Thirty-five Dollars ($35.00) per person. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of that it hereby approves participation of the City in the Joint Comparable Worth Study to be conducted by Control Data Business Advisors, Inc. BE IT FURTHER RESOLVED that the sum of based on the above specified formula be transmi'tted to the City of Golden Valley, Minnesota which city has offered to serve as the fiscal agent and contractor for the duration of the study. Dated this day of /Jr 1985. Mayor Clerk/Administrator/Manayer CITIES PARTICIPATING IN JOINT COMPARABLE WORTH STUDY Albert Lea Alexandria Anoka Apple Valley Bemidji Benson Blaine Bloomington Brainerd Breckenridge Brooklyn Center Brooklyn Park Burnsville Champlin Chaska Circle Pines Cloquet Columbia Heights Coon Rapids Cottage Grove Crookston Crystal Deephaven Delano Eagan East Grand Forks Eden Prairie Edina Elk River Excelsior Farmington Fergus Falls Forest Lake Fridley Golden Valley Hastings Hopkins Inver Grove Heights Lakeville Lino Lakes Litchfield Little Falls Mankato Maple Grove 1/8/85 = 88 Cities 14 Maplewood Mendota Heights Minnetonka Minnetrista Moorhead Mora Morris Mound Mounds View New Brighton New Hope New Ulm North St. Paul Northfield Oakdale Orono Ortonville Plymouth Prior Lake Ramsey Redwood Falls Richfield River Falls Robbinsdale Rochester Roseville Rosemount St. Anthony St. Cloud St., James St. Louis Park St. Paul Park St. Peter Savage Shakopee Shoreview So. St. Paul Stillwater Thief River Falls Wayzata West St. Paul White Bear Lake Winona Woodbury 171 Im Agenda .T.nforma,t?.on Memo January 15, 1985, City Council Meeting Page Nine PROJECT 405/RAHN ROAD STREET IMPROVEMENTS H. Project 405, Rahn Road Street Improvements to Cancel 1-2-85 City Council Action and Establish a Public Hearing for the 2-5-85 City Council Meeting to Reconsider the Proposed Improvements -- On January 7, in respone to newspaper articles regarding the Council's authorization of street improvements to Rahn Road, the Public Works Department received several telephone calls from property owners who indicated that they had not received notice of the public hearing and had several concerns regarding the project. Investigation of these complaints revealed that 38 of the 60 affected parcels to be assessed did not receive their notice of • the public hearing on January 2, 1985. It is necessary to re- schedule the public hearing and insure that all property owners receive proper notice of the proposed improvements. It is also a requirement that the action that was taken at the January 2 meeting either be rescinded or cancelled as a result of this error in procedure. ACTION TO BE CONSIDERED ON THIS ITEM: Cancel all action taken by the City Council at the January 2, 1985, regular meeting which approved Project 405, Rahn Road Streets and schedule a new public hearing for Project 405 for the February 5, 1985, City Council meeting. SPECIAL NOTE: Mayor Blomquist has indicated that she will formally announce as a part of the consent agenda discussion this error and apologize on behalf of the City for any inconvenience and misunder- standing this error in procedure has caused to the affected property owners on Rahn Road. /-7 Agenda Information Memo January 15, 1985, City Council Meeting Page Ten RECEIVE PETITION/ORDER FEASIBILITY REPORT/JOHANNES ADDITION I. Project 431, Receive Petition/Order Feasibility Report (Johannes Addition - Trunk Storm Sewer) -- We have received a petition from the developer of the Johannes Addition requesting the City's completion of the trunk storm sewer facilities which will cross the northern and western portions of this proposed addition located north of the Windtree Addition and west of Elrene Road. As a condition of the preliminary plat approval, it was required that the trunk storm sewer facilities be initiated by a City contract prior to final plat approval. ACTION TO BE CONSIDERED ON and authorize the preparation 431 (Johannes Addition - trunk RECEIVE FEASIBILITY REPORT THIS ITEM: Receive the petition of a feasibility report for Project storm sewer). DER PUBLIC HEARING/CEDAR INDUS. PK. J. Project 428, Receive Feasibility Report/Order Public Hearing (Cedar Industrial Park - Street and Storm Sewer) -- In response to the proposed development of a maintenance facility by the MWCC at the northeast intersection of Kennebec Drive and Comanche Road, on November 20 the City Council approved the Public Works Director's request to prepare a feasibility report to discuss the required storm sewer and street improvements within the overall Cedar Industrial Park. This feasibility report has been completed and is now presented to the City Council in consideration of scheduling a public hearing to be held on February 19, 1985. Due to the fact that this proposed improvement incorporates several alternates, the Council may wish to review these prior to the public hearing and provide the appropriate direction for a presentation at the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 428 (Cedar Industrial Park - street and storm sewer) and schedule the public hearing to be held on February 19, 1985. I ?, Is Agenda Information Memo January 15, 1985, City Council Meeting Page Eleven 1985 TRUNK RELATED ASSESSMENT RATES K. 1985 Trunk Related Assessment Rates -- On an annual basis, the Public Works Department, through its consulting engineering firm, updates the "predetermined" trunk related assessment rates for benefit received from the installation of the following "trunk" improvements: 1. Sanitary sewer - trunk area and lateral benefit. 2. Water - trunk area and lateral benefit. 3. Storm sewer - trunk area and lateral benefit. 4. Streets - zoning equivalent. • Enclosed on page a D is a summary of the proposed rates for 1985 which represents a 6-78 increase in all related rates. This rate study took into consideration the cost of construction of comparable improvements by evaluating the unit prices of past contracts and including the estimated overhead associated with public improvements. Copies of the complete report will be forwarded to the Council members under separate cover for their detailed review and approval. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1985 rates for trunk related assessments to become effective January 1, 1985. • /9 E • SUMMARY TRUNK ASSESSMENTS I. UTILITY ASSESSMENT TRUNK AREA II. UTILITY ASSESSMENT LATERAL BENEFIT FROM TRUNK Proposed 1985 Rates Lateral Benefit from Trunk Sanitary Sewer $28.69/centerline ft. Lateral Benefit from Trunk Water Main, Single Family $23.75/centerline ft. Multi -Family Comm/Ind. $39.14/centerline ft. III. STREET Proposed 1985 Rates A. Road User Charge $280/residential unit B. Equivalent Zoning STREET - Residential Equivalent (32') $32.45/F.F. Multiple Equivalent (44') $60.92/F.F. Commercial/Industrial Equivalent (52') $75.43/F.F. TRAILWAY (Concrete or Bituminous) $11.36/F.F. C. Lateral Storm Sewer Equivalent Assessment Rate $ 9.80/F.F. (1) For accounting purposes Main Oversizing shall be $1,190/acre and Water Supply and Storage shall be $1,830/acre. 4929c 7n - 16 - Proposed 1985 Rates Trunk Sanitary Unplatted $1,190/Ac. Sewer Oversize Platted Res. $570/lot Trunk Water Main Agricultural or $1 190/Ac. Oversize Residential $570/lot Water Supply S Single Family $500/lot Storage (W.A.C.) Multi -Family $400/Unit Water Supply & Storage b Main Oversizing Comm. S Ind. $3,020/Ac.(l) Trunk Storm Sewer Single Family $0.048/s.f. Oversize Multi -Family $0.061/s.f. Comm. 6 Ind. $0.072/a.f. II. UTILITY ASSESSMENT LATERAL BENEFIT FROM TRUNK Proposed 1985 Rates Lateral Benefit from Trunk Sanitary Sewer $28.69/centerline ft. Lateral Benefit from Trunk Water Main, Single Family $23.75/centerline ft. Multi -Family Comm/Ind. $39.14/centerline ft. III. STREET Proposed 1985 Rates A. Road User Charge $280/residential unit B. Equivalent Zoning STREET - Residential Equivalent (32') $32.45/F.F. Multiple Equivalent (44') $60.92/F.F. Commercial/Industrial Equivalent (52') $75.43/F.F. TRAILWAY (Concrete or Bituminous) $11.36/F.F. C. Lateral Storm Sewer Equivalent Assessment Rate $ 9.80/F.F. (1) For accounting purposes Main Oversizing shall be $1,190/acre and Water Supply and Storage shall be $1,830/acre. 4929c 7n - 16 - Agenda Information Memo January 15, 1985, City Council Meeting Page Twelve FINAL PLAT APPROVAL, FLOUR BIN INTERNATIONAL 1ST ADDN. L. Final Plat Approval, Flour Bin International 1st Addition (Rand Incorporated) -- We have received an application for final plat approval for the Flour Bin International 1st Addition located at the southeast corner of Cliff and Nicols Road. Enclosed on page _J)�- is a copy of the proposed final plat for Council's information and consideration. All conditions of the preliminary plat approved by the Council on September 4, 1984, have been complied with along with the submission of all required final plat application materials, contracts, fees, etc. The staff is recommending favorable consideration of this application. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat application for the Flour Bin International lst Addition and authorize the Mayor and City Clerk to execute all related documents. • oL.Yw ue mrynr unn•u w CEIDARVE w ACDF 110N cc a ii Y 0 rrr FLOUR 11 ROAD .YO 32 (CLIFF ROAD) .. r 'r • er■{ ua w{ ww ulu mvrf: .nl' 1. Rr.l YY,I X. Y IY m.a.mN°i..i[ii.:f:.�• 33 11.1. rr nrW. I is Y,./W rn r 1/1 .I r.l 1/I .I 1w11Y ll. -j ,. Iu.m• u. ,W Y. .,w,Y� u w ■ N 6 l I•, r. . Yi1W r� Y rM n..m I, y J �Z II CEIDARVE w ACDF 110N cc a ii Y 0 rrr FLOUR BIN INTERNATIONAL 1ST ADDITION .. r 'r • er■{ ua w{ ww ulu mvrf: .nl' 1. Rr.l YY,I X. Y IY m.a.mN°i..i[ii.:f:.�• 11.1. rr nrW. I is Y,./W rn r 1/1 .I r.l 1/I .I 1w11Y ll. -j ,. Iu.m• u. ,W Y. .,w,Y� u w l I•, r. . Yi1W Y rM n..m J W Yy[ .1A.1.YyI 1..l YI.lI 11YNYN __—____ Ir1Y IYlI I.1. 1/L .tl nY'r1Y. 11Y .r11 Y Nu Itl I CLIFF XMD) I(oi u: IYYunYY Yiwma .tl r rs. xO9'O■'•/'E — .._ ni`w w w.dMi�..�•.I.rr`.iu ul W rY r.r 8 u on.:r� iY:iy.:i w �ui.:i :L::i: QC010JlY ROAD Na 32 Y I uY.`:ui. • —POO I6 N■Tl9N'F — I..nnnr Y Y nu 1. __ 'I YiY. Ln Wm[r�Yw LOT I I LOT Y I "-""'-- I B L OI IC K I ■ .....1. o..W. �I � �w•�uuI = f1.11b XIWf01L IN •ytl�- I,Y ... n.W... .... 1 ■ ■■P'PYY'W 7 • Nrnl YN Yun IOM O Ni1N 1/1' 1 IL' IN 1pWL11 YI w WYL N 1.1 J. N. ILLN M .1 1. 1 W N Y Y YruY[O 10 YK Y.'sr V wllN'N 1 b1.rl M1Y [r.Y. X u.n v rmau rY•rY Ylw r..lY ..f.Mr.rW YY 1•[aWlr 4rlm _ Wrl OYWMIL {mllrl lr. � pl..l .611-M W bfr IYIm 1 Y 1 1 Y Y rl[IIY Y r.Yr1r W[r1YI Y YI[ Y 1`Y RW Y1 YIYYII(wY li;wlllr. YYYII IRa....e .`pll'.11 1 n[IIIX.Iu.I Im W I U.'m1.lx W`wrl Ilu.. [[II Yu[u1N wY L. I W, Iw Lrwpr ml Y rrrwu (Y•M1 Or AYVI. IY Iergeln Ln.,or'�Yrirllur. rr [w.ul.urL Ym.. tl uu N_.>I4n1I L. rr�r W. Xl.uwu 41[nw wY. q [uY.lr r.rinr YII N. IW YY , uruy u.rrw_Y .I 4w. rWYY YWM YI. rl.[. u. �:r: LWT IwrWr. r�w wWY.. uY rl.[ r•: rr ti rW�YYI it L{nYrr. W.Y (ur1 rl.{ r�llr ur, of �.r Iro. n� Ln WI uuu w wlnu .. .IrruY rwul r• fuu[n [Y.1 ; q n Y. N.eui."Lu..1 LYII Im. 1 1 LaY.lann of brat. ;wll. . .1 r Y: IYIW110.Y Y151 w111Y Yu w. Yu r YY a w IWYu YI rl�'•r�_. 11_. YIrY (rq. YI W On.w[.e 1 u Y. Ir1Y 1. Wn1 w.r.rr b1eY Wn/. 11WrrY JAMES R. Agenda Information Memo January 15, 1985, City Council Meeting Page Thirteen FINAL PLAT APPLICATION, WESCOTT HILLS REVISED 2ND ADDN. M. Final Plat Application, Wescott Hills Revised 2nd Addition (Kendale Incorporated) -- We have received an application for final plat approval of the Wescott'Hills 2nd Addition as submitted by Kendale Incorporated. This 2nd Addition is a replat of the existing lots and an expansion of some of the outlots previously platted under the Wescott Hills Revised Addition located south of Lone Pak Road and west of Mike Collins Drive. Enclosed on page is a copy of the proposed final plat for the Council's information and consideration. All conditions of the original preliminary plat for the Wescott Hills Revised Addition as approved by Council action on April 17, 1984, have been complied with • along with the satisfactory submission of all final plat applica- tion materials, documents, fees, etc. The staff is recommending favorable consideration of this application. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat application of Wescott Hills Revised 2nd Addition' as submitted by Kendale Incorporated and authorize the Mayor and City Clerk to execute all related documents. I ,;7�_ WESCOTT HILLS R E V I S E D IND ADDITION If.r--• I 'a Y:4TT aD To f l HILLS F7,D '.,URT „ _ _ _ _ 5 , A3 iJ :J. ;(/Pi - ��'--- X3 4: . - IF. �- ---- ., O I, 3 rJ L. SC:'.•T1 g_� OUTLOT B s ,= 2 9 I xlw -9!9.31' !•[ !11.95-- - 1 ,I O/ I -Ne9. 16'1.'• 32fi.9fi-- W IDI.VI m.m 9!.61 :V3 Q r _ A K;i. S:l. A. I, S 1e k ./ ... 13 3 _ 2 I w 5 Tq -- 'j A R E sao ze T1. 5N']\'.s'[ I].m /.bnuT[nl I[I aM m°121e 03'On \ p fll'.1 14 a4/3 ,p _ `! -c2. _ _ -599•31V5'E 399.2. i _ T2 - (n n.Y .-L�!'Ai� !''A•\0` .1.4 �rOe 7l 4 O seeorl "F[ Q CIl on C. c21 M oC. m , "I o] IT, c:l cN x52. -4�4 2 ]b'DD•L .a.4 iA: �y,f�•. .• 9La.q - 10 II 12 TNI]`_ r`3 -�I eaq,T,ai.on No. /0930, cn/err o IYF•.r1]c 3Mnn The nest /me of M50717HILL6 CS IT.Ts"neC Ie nave a Oeer.n9 o/ NO'7a'00'W UTILITY A" pOueatt [u1WITTS cM ypx ],y]: ]0 eurc a ITT i+.m]N exD [DJmYInc LOT [ N D a L q VNl[]]NTM[9v11[ INDICA]LD [NO 10 ]LLT I IDT' eO SRL[""I. U.1.111M.MIT UT.c. r[ Mc COMBS — NNUTSON ASSOCIATES. INC. [• N L[ x f N D e V L V L r 0 I] SHEET 2 OF 2 SHEETS ]!F 1e m L To f l 1 1 _ _ _ _ 5 F se]•3a' IVC no.00 - ��'--- X3 4: . - IF. �- ---- ., O OUTLOT B s ,= 2 9 I xlw I -Ne9. 16'1.'• 32fi.9fi-- - Y Q -N99'3fi' 1. • ID.s.IDJ :_ J A K;i. S:l. A. I, k ./ ... w N v •2r u�e a:m v •lr me Y. [ 'i.w • Denotes '12 rT,A by sao ze T1. 5N']\'.s'[ I].m /.bnuT[nl I[I aM m°121e 03'On eaq,T,ai.on No. /0930, cn/err o IYF•.r1]c 3Mnn The nest /me of M50717HILL6 CS IT.Ts"neC Ie nave a Oeer.n9 o/ NO'7a'00'W UTILITY A" pOueatt [u1WITTS cM ypx ],y]: ]0 eurc a ITT i+.m]N exD [DJmYInc LOT [ N D a L q VNl[]]NTM[9v11[ INDICA]LD [NO 10 ]LLT I IDT' eO SRL[""I. U.1.111M.MIT UT.c. r[ Mc COMBS — NNUTSON ASSOCIATES. INC. [• N L[ x f N D e V L V L r 0 I] SHEET 2 OF 2 SHEETS • • 21 Agenda Information Memo January 15, 1985, City Council Meeting Page Fourteen CEDAR GROVE 4TH ADDN./STREET RECONSTRUCTION/CONT'D FROM 12-18-84 A. Project 413, Cedar Grove 4th Addition (Street Reconstruction) (Continued From the 12-18-84 meeting) -- At the December 18 Council meeting, the public hearing was held pertaining to the proposed reconstruction of streets and installation -of storm sewer facilities for the Cedar Grove 4th Addition. At the conclu- sion of the staff's presentation and discussion by the Council and public, this public hearing was continued until January 15 to allow additional input from the affected residents of the subdivision. Enclosed on page ?(,, is a letter sent to all property owners proposed to be assessed under Project 413 informing them of this continued public hearing with a request for their personal attendance to provide additional input for Council consideration. Staff does not plan on repeating the detailed slide presentation presented at the previous public hearings unless specifically requested to do so. ACTION TO BE CONSIDERED ON THIS ITEM: To and approve/modify/deny the proposed reconstruction for the Cedar Grove 4th 413. e7.5 close the public hearing storm sewer and street Addition under Project OF 3830 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 December 27, 1984 ALL PROPERTY OWNERS OF THE CEDAR GROVE 4TH ADDITION Re: Project #413, Public Hearing Cedar Grove 4th Addition — Storm Sewer & Street Reconstruction Dear Property Owner: BEA BLOMQUIST Mayor THOMASEGAN JAMES A. SMITH JERRY THOMAS THEODORE WACHTER Coumd Me.mr, THOMAS HEDGES City ACmiNstrator EUGENE VAN OVERBEKE City Clerk As you are aware, a Public Hearing was held on December 18, 1984, in the City Council Chambers to discuss the proposed installation of additional storm sewer laterals, concrete curb and gutter, street rehabilitation and an overlay for the Cedar Grove 4th Addition. This was part of an overall Public Hearing discussing proposed street rehabilitation projects within the Cedar Grove 3rd, 4th and 5th Additions. At the December 18th Council meeting, the Council formally denied the proposed improvements to the Cedar Grove 3rd and 5th Additions based on the number of people_ present who opposed the project as compared to those present who were in favor. When a hand count was taken of those residents within the Cedar Grove 4th Addition who were in favor/opposed to the proposed improvement as discussed, a show of hands revealed that approximately half of the people present were in favor with the other half being opposed. Subsequently, the City Council continued the Public Hearing regarding street and storm sewer improvements for only the Cedar Grove 4th Addition to the January 15, 1985 meeting at 7:00 P.M. The City Council wants every resident to be aware that it is very important that you attend this continued Public Hearing to inform the Council personally what your desires are for this improvement. Therefore, I would like to encourage all of you to attend this Public Hearing at 7:00 P.M. on January 15, 1985, at the City Council Chambers, to be actively involved in the decision making process for proposed improvements within your subdivision which will be directly affecting your property. Sincerely omas A. Colbert, P.E. Director of Public Works cc: The Mayor & City Council TAC:jbd Thomas L. Hedges, City Administrator THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Agenda Information Memo January 15, 1985, -City Council Meeting Page Fifteen VACATION/PONDING EASEMENT/HOLMES ADDITION B. Vacation of Ponding Easement, Holmes Addition (Continued From the 1-2-85 Meeting) -- On December 4, the City Council approved the execution of a Quit Claim Document releasing all rights by the City to a previously acquired ponding easement over all of the property recently platted into the Holmes Addition. However, the City Attorney has indicated that a formal vacation process must be fulfilled to clear any potential future title problems. Subsequently, notices were published in the legal newspaper and sent to all potentially affected utilities informing them • of the public hearing scheduled to be held on January 15, 1985. As of this date, the staff has not received any objections to the vacation of the ponding easement rights previously conveyed to the City in 1972. All necessary utility and ponding easements have been properly dedicated and conveyed to the City through the platting of the Holmes Addition. ACTION TO BE CONSIDERED ON THIS ITEM: Close the public hearing and approve/deny the vacation of the 1972 dedicated ponding easement incorporating the present Holmes Addition. • .,77 Agenda Information Memo January 15, 1985, City Council Meeting Page Sixteen FINAL ASSESSMENT HEARING/LEXINGTON AVENUE C. Project 395I, Final Assessment Hearing, Lexington Avenue (Trunk Water Main) -- On December 18, 1984, the Final Assessment Roll for Project 3951 was presented to the City Council with the final assessment hearing scheduled for January 15, 1985. Enclosed on page ,� q_ is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on April 3, 1984. All notices have been published in the legal newspaper and sent to the affected property owners informing them of the final assessment hearing to be held on January 15, 1985. As of this date, the staff has not received any objections to these proposed final assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the Final Assessment Roll for Project 395I (Lex- ington Avenue trunk water main) and authorize the certification to the County for collection of unpaid assessments to be spread over 15 years at 11.0% interest. 7_ g • • - FINAL ASSESSMENT HEARING PROJECT NO: 395.r SUBDIVISION/AREA: WESTBURY ADDITIONS 1 & 2, LEXINGTON SQUARE, SECTION 22 8 23 FINAL ASSESSMEENT HEARING: January 15, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: STORM El Area Laterals FINAL F. R. SANITARY RATES RATES Area QLaterals Service Lat. Benefit/Trunk STREETS F. R. = Feasibility Report D Surfacing FINAL F.R. WATER RATES RATES per Area $1120.00/ac same Laterals O Service $1038.23 $1384.00 Q Lat. Benefit/Trunk $10.84/ff same STORM El Area Laterals FINAL F. R. SANITARY RATES RATES Area QLaterals Service Lat. Benefit/Trunk STREETS OGravel Base D Surfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 274 NUMBER OF YEARS ASSESSED: 15 RATE OF INTEREST: 11% TOTAL AMOUNT ASSESSED: $216,807.97 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: PUBLIC NEARING DATE: April 3, 1984 84-9 Agenda Information Memo January 15, lR85, City Council Meeting Page Seventeen FINAL ASSESSMENT HEARING/WESTBURY 1ST & 2ND ADDN. D. Project 396, Final Assessment Hearing, Westbury 1st & 2nd Addition (Streets and Utilities) -- On December 18, 1984, the Final Assessment Roll for Project 396 was presented to the City Council with the final assessment hearing scheduled for January 15, 1985.,Enclosed on page &J is a summary tabulation of the final assessment rates as compared to those quoted in the feasibil- ity report presented at the public hearing held on April 3, 1984. All notices have been published in the legal newspaper and sent to the affected property owners informing them of the final assessment hearing to be held on January 15, 1985. As of this • date, the staff has not received any objections to these proposed final assessments. • ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the Final Assessment Roll for Project 396 (Westbury 1st & 2nd Addition streets and utilities) and authorize the certification to the County for collection of unpaid assess- ments to be spread over 15 years at 11.08 interest. 30 FINAL ASSESSMENT HEARING PROJECT NO: 396 SUBDIVISION/AREA: WESTBURY ADDITION ,SECTION 22 FINAL ASSESSMEENT HEARING: January 15, 1985 M Lat. Benefit/Trunk M Lat. Benefit/Trunk STORM ® Area ® Laterals per/ lot $ 710.24 $584.00. per/ lot $1473.10 $1488.00 STREETS Gravel Base Surfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 145 NUMBER OF YEARS ASSESSED: 5 RATE OF INTEREST: 11% TOTAL AMOUNT ASSESSED: $710,369.82 CONSTRUCTED UNDER TUE FOLLOWING CONTRACTS: 84 - 8 PUBLIC HEARING DATE: April 3. 1984 3/ FINAL RATES $1559.88 F. R.. RATES per/ $1563.00 $1563.00 lot per/ $2850.00 $same lot IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES SANITARY OArea Area per/ Laterals lot $1122.42 $1122.00 E] Laterals * Q Service per/ lot $ 853.33 783.00 © Service M Lat. Benefit/Trunk M Lat. Benefit/Trunk STORM ® Area ® Laterals per/ lot $ 710.24 $584.00. per/ lot $1473.10 $1488.00 STREETS Gravel Base Surfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 145 NUMBER OF YEARS ASSESSED: 5 RATE OF INTEREST: 11% TOTAL AMOUNT ASSESSED: $710,369.82 CONSTRUCTED UNDER TUE FOLLOWING CONTRACTS: 84 - 8 PUBLIC HEARING DATE: April 3. 1984 3/ FINAL RATES $1559.88 F. R.. RATES per/ $1563.00 $1563.00 lot per/ $2850.00 $same lot Agenda Information Memo January 15, 1985, City Council Meeting Page Eighteen FINAL ASSESSMENT HEARING/LEXINGTON SQUARE E. Project 401, Final Assessment Hearing, Lexington Square (Trunk Sanitary and Storm Sewer) -- On December 18, 1984, the Final Assessment Roll for Project 401 was presented to the City Council with the final assessment hearing scheduled for January 15, 1985. Enclosed on page , is a summary tabulation of the final assessment rates as compared to those quoted in the feasibility report presented at the public hearing held on May 15, 1984. All notices have been published in the legal newspaper and sent to the affected property owners informing them of the final assessment hearing to be held on January 15, 1985. As of this • date, the staff has not received any objections to these proposed final assessments. • ACTION TO HE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the Final Assessment Roll for Project 401 (Lexington Square trunk sanitary and storm sewer) and authorize the certification to the County for collection of unpaid assess- ments to be spread over 15 years at 11.08 interest. 3v FINAL ASSESSMENT NEARING PROJECT NO: 401 SUBDIVISION/AREA: LEXINGTON SQUARE, SECTION 23 FINAL ASSESSMEENT HEARING: January 15, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. = Feasibility Report FINAL F.R. WATER RATES RATES Area • Laterals RService 0 Lat. Benefit/Trunk STORM per/ ® Area lot $501.29 $500.00 ® Laterals per/ $513.81 $481.00 lot NUMBER OF PARCELS AFFECTED: NUMBER OF YEARS ASSESSED: RATE OF INTEREST: FINAL F. R. SANITARY RATES RATES Area Laterals Service -� per/ J Lat. Benefit/Trunk $ 173.65 $167.00 lot STREETS Gravel Base ElSurfacing, nRes. Equiv. TOTAL AMOUNT ASSESSED: $158,602.63 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 84 - 8 PUBLIC HEARING DATE: May 15, 1984 33 Agenda Information Memo January 15, 1985, City Council Meeting Page Nineteen MULTI -FAMILY HOUSING BONDS/BLACKHAWK TOWNHOUSE PROJECT F. Consideration of Multi -family Housing Bonds for the Blackhawk Townhouse Project -- An application was received from Douglas M. Johnson who is proposing to develop a multi -family housing project at 4284 Blackhawk Road and is specifically requesting multi -family housing bonds not to exceed $7,000,000. As previously stated, the development will consist of approximately 168 rental units in 8 unit townhouses. The development has 126, 2 bedroom apartments, 63 of which have fireplaces and 42, 1 -bedroom apartments, 21 of which have fireplaces. The project will provide a tuckunder garage for each apartment. The City has received a copy of an appraisal regarding the project and a copy of that letter is •enclosed for your review. The appraisal is $8,750,000. This is compared to a total project cost, according to the application of $8,150,000. A copy of that appraisal is enclosed on pages ,3S through 3 The project was given all land use approvals at the December 4, 1984, City Council meeting. Also enclosed for Council review is a copy of a letter from the City's Program Administrator, Miller & Schroeder Municipals, Inc. explaining the appraisal for the proposed Blackhawk Townhouse project. This letter is enclosed on pages ,3g' through 4nom This letter specifically addresses the equity contributidn to assure that the 208 guideline is being satisfied. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the application for Douglas M. Johnson for multi -family housing revenue bond financing for the Blackhawk Townhouse/Apartment project in the amount of $7,000,000. -:?4 Shenehon & Associates, Inc. Property Valuation Et Market Analysis 903 Midwest Plaza East, Minneapolis, Minnesota 55402 • (612) 333-6533 November 20, 1984 r Mr. Douglas Johnson Suite 200 Southdale Place 3400 West 66th Street • Minneapolis, Minnesota 55435 RE: 168 UNIT BLACKHAWK ROAD APARTMENT DEVELOPHM, EAGAN, MINNESOTA Dear Mr. Johnson: In accordance with your recent request, we have completed an appraisal of the above referenced property for the purpose of estimating the current market value of the fee simple interest. We are in the process of preparing the complete narrative appraisal report and will furnish the report to you prior to the end of November. This letter will serve to provide you with our value conclusions in advance of your receipt of the complete report. The written report will contain all of the findings, analyes and conclusions of the appraisal as well as fully describes the real estate and the applicable assumptions and limiting conditions of the appraisal. After careful consideration of the many factors influencing value, it is our opinion that the subject property will have a market value upon completion in January, 1986 in accordance with plans and specifications furnished to us of: EIGHT MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ------- ($8,750,000.00) Alan P Leirness • Timothy E. Mardell • Howard E. Shenehon . Robert J. Strachota " '-3'A5 Mr. Douglas Johnson Page 2 November 20, 1984 We have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. The appraisal is made subject to certain assumptions and limiting conditions which are listed in this report. It conforms with accepted professional, ethical and performance standards of the real estate appraisal practice. If you have any questions or comments after reading this appraisal, please contact us. The undersigned appraiser certifies that he has personally inspected the property and has investigated information believed to be pertinent to the valuation of the property, and to the best of his knowledge and belief the statements and opinions expressed herein are correct and reasonable, subject to the limiting conditions set forth herein. SHEMON AND ASSOCIATES, INC. Certified to this 20th day of November, 1984 Alan P. Leirness, MAI, SRPA APL/jg M 0 0. QUALIFICATIONS OF ALAN P. LEIRNESS BIOGRAPHICAL DATA AND EDUCATION Born in Hillsboro, North Dakota. Graduated from Halstad Public High School, Halstad, Minnesota. Graduated from North Dakota State University in Fargo, North Dakota with a Bachelor of University Studies Degree majoring in Geography. Successfully completed numerous appraisal and valuation courses, of which some are listed below: Amer. Inst, of Real Estate Appraisers - Standards of Professional Practice Amer. Inst. of Real Estate Appraisers - Litigation Valuation Amer. Inst. of Real Estate Appraisers - Case Studies in Real Estate Valuation Amer. Inst. of Real Estate Appraisers - Valuation Analysis and Report Writing Amer. Inst. of Real Estate Appraisers - Feasibility and Market Analysis Amer. Inst. of Real Estate Appraisers - Going Concern Valuation Society of Real Estate Appraisers - Appraising Apartments Society of Real Estate Appraisers - Tax Cons. in Real Estate Transactions Society of Real Estate Appraisers - Valuation of Leases & Leasehold Interests PROFESSIONAL QUALIFICATIONS OR ASSOCIATIONS Senior Real Property Appraiser - Society of Real Estate Appraisers (SRPA) • Member - American Institute of Real Estate Appraisers (MAI) The A.I.R.E.A. conducts a voluntary program of continuing education for its designated members. MAI's and RM's who meet the minimum standards of this program are awarded periodic educational certification. I am certified under this program through December 31, 1986. PROFESSIONAL EXPERIENZE CHoward E. Shenehon and Associates, Inc.,.Partner, since October, 1980. Shenehon-Goodlund and Associates, Inc., Real Estate Appraiser from November, 1976 to October, 1980. Duties and Responsibilities: Prepare professional valuation and market analysis reports for specific clients and counsel in matters pertaining to real estate. Assignments have involved numerous commercial, industrial, vacant land, multiple family residential and • special purpose properties. The specific purposes of these assignments have included mortgage financing, condemnation, tax abatement proceedings, feasibility analysis, investment counseling, potential sales and purchases, lease and rental analysis, bankruptcy proceedings, charitable donations, internal management decisions, special assessment appeals and allocation of purchase price. APPRAISAL CLIENTS INCLUDE Banco Mortgage Center Companies City of Duluth City of Edina City of Minneapolis Dayton -Hudson Dorsey -Whitney Eastlund-Peterson-Solstad Faegre & Benson Federal Reserve Bank First Natl. Bank Boston First Natl. Bank Mpls. First Natl. Bank St. Paul Honeywell Internal Revenue Service Jason Investment Co. Kraus -Anderson Larkin -Hoffman Litton Industries Lutheran Brotherhood M.A. Mortenson Co. MEPC American Prop. MarWest Development Co. Midwest Federal S & L Minnegasco Munsingwear Northern States Power Northrup King Northwest Airlines Northwestern Bell Northwestern Natl. Bank Oxford Properties, Inc. Prudential Insurance State of Minnesota DNR Towle Company Twin City Federal Toll Free Minnesota (800) 8626002 Toll Free Other States (800) 328-6122 11 Miller & Schroeder Municipals, Inc. Northwestern Financial Center. 7900 Xerxes Avenue South, Minneapolis. Minnesota 55431 • (612) 831-1500 December 3, 1984 Mr. Thomas Hedges City Administrator • City of Eagan 3930 Pilot Knob Road Eagan, Minnesota 55122 Re: $7,000,000 City of Eagan, Minnesota Multifamily Housing Revenue Bonds (Blackhawk Townhouse Project) Dear Mr. Hedges: You have asked that we summarize for you, the results of the appraisal on the above referenced proposed project and determine if developer's request for bond financing is in conformance with the City's adopted guidelines for determining value. We have reviewed the results of an appraisal prepared by MAI • appraiser Alan Leirness of Shenehon & Associates. The appraisal considers the three recognized approaches to determining the value of the project: I. The Direct Sales Comparison Approach,to Value II. The Income Approach to Value III. The Cost Approach to Value In looking at the direct sales comparison approach to value, the appraiser considered buildings of similar size which had sold in the area. The land was valued separately at $400,000 based on land sales with the appropriate zoning in the area. As the appraiser continued his evaluation of the building, he considered the value of the subject improvements (buildings) and adjusted the improvements for items such as age, condition and quality of construction. The estimated value of the improvements was $8,100,000. With the value of the land added back in, the value of the entire project was estimated at $8,500,000. The appraiser Headquanew Minneapolis, Minnesota Branch Offices: Downtown Minneapolis - Solana Beach. California - Northbrook, Illinois • St. Paul. Minnesota • Naples. Florida • Tallahassee. Florida • Carson City, Nevada .M-nnhw nl ih, $rc milu s Imesror PrN,crinn Corpnrarion I I Mr. Thomas Hedges ' December 3, 1984 Page Two commented that a weakness he found lay in the older age of the buildings he had available in'the market place with which to com- pare the Blackhawk Townhouse Project. In looking at the Income Approach to value, the appraiser con- sidered two techniques: (1) the direct capitalization of stabilized income and (2) the discounted cash flow technique. Under the first technique, the net operating income and a capitalization rate of 9% was used. This resulted in an estimated value of $8,800,000. Using the second technique, the appraiser considered the changes in income and expenses over a ten year period, a 9-10 month lease -up and a yield rate over the investment holding period of ten years. This resulted in an • estimated value of $9,100,000. The appraiser commented that this was the best approach, as it considers accurate expenses and cur- rent investor yield rate requirements. In looking at the cost aproach to value, the appraiser used the Marshall Valuation Cost Manual which conservatively estimates the hard costs of constructing the property. This preliminary study does not measure all "soft costs" nor the value of the subject property when it comes on line in the marketplace. The appraiser looked at some fees which would be necessary to consider in determining the value of constructing the improvements. Some of the fees which were not considered, for example, were the cost of construction financing and interest during that period, letter of credit fees and reserves. The appraiser commented that the costs of these items would be approximately $250,000-$300,000. Based on the Marshall Valuation process, the value of the improvements • was estimated to be $8,000,000. With the value of the land added back in, the value of the entire project was estimated to be $8,400,000. As you can see, each approach to value is a "check" on the other two. The Council's adoption of a policy to consider all three approaches to value was appropriate as evidenced by the results of this appraisal. Based on this appraisal,. Shenehon & Associates has given a market value to the Blackhawk Towhouse Project of: EIGHT MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS $8,750,000 � 1 Mr. Thomas Hedges December 3, 1984 j Page Three The applicant is requesting that the City of Eagan give preliminary approval for a bond issue in the amount of $7,000,000. This request does in fact conform with the Council's policy of inducing not more that 80% of the market value appraisal. If we can be of any further assistance, please contact me at 893- 8920. Very truly yours, � • Marcia A. Cohodes Underwriter MAC/pmh • • Agenda Information Memo January 15, 1985, City Council Meeting Page Twenty ORGANIZATIONAL BUSINESS FOR 1985 There are eleven (11) items of organizational business that must be considered by the City Council. Those items are listed as A. through K. for additional information on these items, please refer to pages through &O . It will be necessary for the City Council to take separate action on each of the eleven items. ACTION TO BE CONSIDERED ON THIS ITEM: Separate action is required for each organizational business item and is so indicated after each discussion as found in the attached memorandum. V-/ • MEMO TO: HONORABLE MAYOR AND CITY FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 10, 1985 SUBJECT: ORGANIZATIONAL BUSINESS A meeting held in the first month of each calendar year is con- sidered an organizational meeting for the purpose of organizational business. A. Acting Mayor B. Legal Newspaper C. City Depositories D. Official Posting Places E. Advisory Commission & Committee Appointments (Resident) F. Health Officer G. City Council Meetings H. Committee Appointments (Council) I. Fiscal Consultant J. Legal Consultant K. Consultant Fee Schedules ACTING MAYOR A. Acting Mayor-- It is a statutory requirement to appoint an acting mayor who presides in the absence of the mayor. All council - members are eligible for election by the City Council. In 1984, City Councilmember Smith was elected acting mayor and would preside in the absence of Mayor Blomquist. The acting mayor presides in the absence of the mayor at City Council meetings and all other activi- ties pertaining to the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint an acting mayor. B. Legal Newspaper -- It is also a statutory requirement for the City to designate a newspaper as the official legal newspaper for the City. The statutues specifically state that a City can only designate a legal newspaper of general circulation in the City as its official newspaper. During the year, published in the newspaper are such matters as are required by law to be so published and such other matters that the Council may deem it advisible and in the public interest to have published in this manner. Some of the items that must be published or are optional include: a. Ordinances; b. Annual Financial Statements; C. Council Proceedings; d. Notices of Elections; e. Resolutions. CL7i organization Business Memo January 10, 1985 Page Two It is important to follow a thorough and consistant pattern in utilizing a legal publication. The law requires an official matter to be published in the legal newspaper publication. For example, if a public hearing notice is not published in the official newspaper, the public hearing is not valid. The Dakota County Tribune and the Eagan Chronicle have submitted bids to be the legal newspaper for the City. The Eagan This Week newspaper is not eligible to be a legal newspaper. However, the Dakota County Tribune has stated they will also publish any legal notices submitted to the Tribune in the Eagan This Week as a courtesy to residents of Eagan if their bid is accepted. The legal newspaper would be the Dakota County Tribune and affidavits of publication would be furnished by them. If, occasionally, legal notices are unable to receive the courtesy publication in the Eagan This Week (lack of space), the legal notices would still have been published in the legal newspaper as required by law. Agendas will still be sent to and published in all three papers, but these are not considered legal notices. The rates proposed by the Dakota County Tribune and the Eagan Chronicle are enclosed wi�to a memo on the proposals by the City Clerk/Treasurer on pages through -3L4-- ACTION 3/,4. ACTION TO BE CONSIDERED ON THIS ITEM: To designate an official legal newspaper for the City of Eagan for 1984. • • MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: JANUARY 8, 1985 SUBJECT: LEGAL NEWSPAPER PROPOSALS Per your request, I have compared the proposals submitted by Minnesota Suburban Newspapers, Inc. (Eagan Chronicle) and Dakota County Tribune, Inc. (Dakota County Tribune). The Tribune is proposing to bill on a per column inch basis at $3.47 which is calculated to be a 108 increase over the 1984 rates of 27.00 per line and a 9.00 per line extra composition charge. They use a figure of 10 lines per inch. Suburban Newspapers is proposing 1985 rates of 22..60 per line • with an extra composition charge of 7.5C per line. They figure 12 lines per inch. The comparison cannot be exact since the Tribune has converted to a per inch billing which incorporates an extra composition charge and there• is a difference in the number of lines per inch. A legal notice one inch in length would cost $3.47 in the Tribune and $3.16 in the Chronicle assuming 50% of the lines requiring an extra composition. The Tribune has a Tuesday noon deadline for publication in the Thursday paper. Legal notices have been published in the This Week paper which probably has more coverage in Eagan than the Tribune, however, it is not allowable as a legal newspaper. The This Week has been distributed on Sunday in Eagan. The • Chronicle has a Wednesday noon deadline for Monday publication. It has been distributed in Eagan on Mondays. There is really no significant difference between these papers as long as the notices continue to be published in the This Week paper. There would be a small savings using the Chronicle. Finan a Director/City Clerk EJV/kf 4W DAKOTA COUNTY TRIBUNE, INC. December 18, 1984 City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Mayor Bea Blomouist: Councilmember Thomas Egan: Councilmember James Smith: Councilmember Theodore Wachter: Councilmember Jerry Thomas: We would like to be considered for appointment as the City of Eagan's legal newspaper at your organizational meeting for the year 1985. The Dakota County Tribune has served as the legal newspaper for the City of Eagan for many years. Residents, as well as bidders, are very familiar with the Tribune's legal section. Because we have been a legal newspaper for many years, our staff is experienced in handling legal notices which, in many instances, require the type of knowledge only experience provides. Our legal rate is $3.47 per column inch. If you have any questionz, please feel free to phone us at 894-1111. Sinc Daniel H. Clay Publisher A Minnesota Suburban Newspapers, Inc. 7401 Bush Lake Road • Edina, Minnesota 55435 • (612) 831-1200 31 December 1984 City Council City of Eagan 3830 Pilot Knob Road Eagan, MN 55122 Attn:Tom Hedges, City Manager Bea Blomquist, Mayor • Your designation of the Eagan Chronicle to be your official newspaper. for the year 1985'will be most appreciated. Readership Survey information is enclosed showing the strong following the Chronicle has in Eagan. Your rate to publish legal notices in the Chronicle in 1985 would be: Rate per line .................... 22.60 per line Extra composition charge ......... 7.5C per line This rate is based on 6 pt. crown type set for a column width of 9.3 picas. We will provide, at no additional charge, two notarized affidavits on each of your notices. Additional notarized affidavits, on • request, will be furnished at 25t each. The Chronicle maintains an office at 1209 E. Cliff Road in Burnsville. Notices to be published should be in our office by NOON the Wednesday prior to Monday of the publication. For additional information, please contact Meridel Hedblom, Legal Publications, at 831-1200. We appreciate being considered as the official newspaper for the City of Eagan for 1985. Very truly yours, MINNESOTA SUBURBAN NEWSPAPERS, INC. Donald K. Mortenson Operations Manager Publisher of Current Newspapers • Focus Newspapers • Sailor Newspapers • Sun -Current Newspapers organization Business Memo January 10, 1985 Page Three CITY DEPOSITORIES C. City Depositories -- It is a statutory requirement also that depositories be designated for all City funds. The term "depository" refers to a place or places in which a City keeps its money. Any.national bank, state bank, private bank or trust company permitted to do banking business and any federal savings and loan association may be designated as a depository for City funds. More than one bank or savings and loan may be designated as a depository for City funds and, except as limited by the Council resolution, provide security which the institution is able to furnish. There is not a limit on the amount which may be deposited in one institution. The City of Eagan in the past years has taken a two-part action that: 1. The City of Eagan has named Minnesota Bank Eagan as a • general depository for purposes of holding a checking account to pay bills throughout the year, and 2. Several depositories have been designated for the purpose of investing idle funds. Enclosed on page 4 is a copy of a memo from the City Clerk/ Treasurer listing the depositories for investment of funds. Action is to consider a designation of Minnesota Bank Eagan as the City's general depository and to designate the depositories listed for the purpose of investing idle funds. ACTION TO BE CONSIDERED ON THIS ITEM: To designate depositories for all City funds. A MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE DATE: JANUARY 9, 1985 SUBJECT: 1985 DEPOSITORIES Please have the following banks, savings and loan associations and financial institutions designated as depositories for the City of Eagan for 1985. 1) Minnesota Bank Eagan 2) First Bank Eagan 3) Norwest Bank Old St. Anthony, N.A. 4) Signal Hills Bank 5) First Bank Minneapolis 6) First Bank St. Paul 7) Norwest Bank St Paul, N.A. 8) Norwest -Bank Minneapolis, N.A. 9) American National Bank and Trust Company 10) F&M Marquette National Bank 11) Minnesota Federal Savings and Loan Association 12) Twin City Federal Savings and Loan Association 13) Kidder, Peabody & Company, Inc. 14) Dain Bosworth Incorporated 15) Piper, Jaffray & Hopwood Incorporated. Let me know if you would like any additional information. • Fina c Director/City Clerk EJV/kf 4 Organization Business Memo January 10, 1985 Page Four POSTING PLACE D. Official Posting Place -- The City utilizes the bulletin board in the lobby of the Eagan Municipal Center and the legal newspaper as official posting places. Notices are also posted in the Police Department lobby as a courtesy, but this location has not been designated as official. ACTION TO BE CONSIDERED ON THIS ITEM: To designate the official posting place for the City of Eagan. ADVISORY COMMISSION & COMMITTEE APPOINTMENTS (RESIDENT) E. Advisory Commission & Committee Appointments (Residents) -- 1. Advisory Planning Commission --There are two (2) seats open on the Advisory Planning Commission for three (3) year terms. There is also an alternate position open for a one (1) year term. Both Lloyd Krob and Pamela McCrea are reapplying for appointments, as is Roy Taylor (the. 1984 alternate). A list of all applicants appears below. Prepared ballots will be provided at the Council meeting. Gerard Bents Steven Burdorf Theodore Dreyer Kirk Duholm Vic Ellison Ronald Grimm Joe Harrison Scott Helgeson Jeffery Hoel (Also APRC) Ronald Jensen (Also Cable) Millicent Johnson Lloyd Krob (Seeking Reappointment) Pamela McCrea (Seeking Reappointment) Duane Nordin (Also Cable) Roger R. Schaeffer Bob Shields Roy Taylor (Seeking Reappointment) Deborah Thompkins (Also Cable) Lori Trygg ACTION TO BE CONSIDERED ON THIS ITEM: To make two (2) appointments for three (3) year terms on the Advisory Planning Commission and one (1) appointment for the one (1) year alternate position. 2. Advisory Parks and Recreation Commission --There are three (3) openings for three (3) year terms on the Advisory Parks and Recreation Commission. Mr. William Jackson has resigned his appointment and will not be considered for reappointment. However, two of the incumbents are reapplying for Commission appointments. They are Richard Carroll and Sandy Bertz. A list of all applicants appears .below. Prepared ballots will be provided at the Council meeting. Sandy Bertz (Seeking Reappointment) Anthony Caponi Richard Carroll (Seeking Reappoint- ment) �51 Pamela Grimm Jeffery Hoel (Also APC) Walter King V �J Organization Business Memo January 10, 1985 Page Five ACTION TO BE CONSIDERED ON 'THIS ITEM: To make three (3) appointments for three (3) year terms. on the Advisory Parks & Recreation Commission. 3. Cable Television Commission There are two (2) openings for two (2) year terms on the Cable Television Commission. In addition, there are two (2) openings for one (1) year positions. Jim Smith has resigned his appointment and an appointment should be made to fill the remaining one (1) year of his unexpired two (2) year term. There is also an alternate position open for (1) year. Ronald Voracek, Robert Cooper and Lloyd Krob (the 1984 alternate) are reapplying for appointments. A list of all applicants appears below. Prepared ballots will be provided at the Council meeting. • Robert Cooper (Seeking Reappointment) Duane Nordin (Aslo APC) Rita Green Deborah Thompkins (Also Lloyd Krob (Seeking Reappointment) APC) Ronald Jensen (Also APC) Ronald Voracek (Seeking Reappointment) ACTION TO BE CONSIDERED ON THIS ITEM: To make two (2) appointments for two (2) year terms on the Cable Television Commission. To fill the one (1) year remaining of Jim Smith's unexpired term. To make one (1) appointment to the one (1) year alternate position. SPECIAL NOTE: The Assessment Committee, the Airport Noise Committee and the Economic Development Commission serve valuable functions for the •City of Eagan. They exist at the discretion of the Council without formal authorization in the City Code. While committees and'commis- sions may be authorized by resolution, the term of an appointee.is required to be "established and stated at the time of his (her) appointment" (Sec 2.50). This section goes on to say that terms of present Commission and Committee members may be reestablished or changed as necessary to meet the language of the section. Because of this provision, it may be advisable to define the length of member terms at this time. In light of the continuing presence and activity of these groups and the large number of applicants for the few Commission and Committee positions available, the Council may be well-advised to bring the membership process for these three into conformance with the other Commissions and City Code, 'Section 2.50. There is nothing in Section 2.50 which precludes indefinite terms, if so designated. 4. Assessment Committee --This advisory committee reviews assessment policies and appeals and makes recommendations to the City Council. Presently, the membership includes Don Knight, Dale Vogt, Bill Rydrych, Mayor Blomquist, Councilmember 5'n Organization Business Memo January 10, 1985 Page Six Egan and Garrett Mulrooney (Representative of the Advisory Planning Commission). The Advisory Planning Commission will appoint its 1985 representative at their January 22 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To define the length of Assessment Committee members' terms and to confer or not confer ongoing status to this committee. 5. Airport Noise Committee --The Airport Noise committee is not an ongoing committee but a special task force/subcommittee. It is possible that this committee could become an ongoing one as the problem persists. If so, the committee's member appointment procedures (advertisement, review, etc.) would need to conform with those authorized by ordinance. ACTION TO BE CONSIDERED ON THIS ITEM: To define the length of • Airport Noise Committee members' terms and to confer or not confer ongoing status to this committee. 6. Economic Development Commission --This commission functions. to promote the City of Eagan's commercial -industrial climate, to recommend general policy direction and to advise the City Council on matters pertaining to industry and commerce. The current membership includes Larry Wenzel, Larry Kraning, David Kleimola, Roger Lee, John McCall, Mark Parranto, R. E. Stevenson and Edna Street. No action is required on the Economic Development Commission. As above, however, it is suggested that the City Council consider defining the length of members' terms. Eagan's significant growth and ongoing devel- opment imply the need for a vital Economic Development Commis- sion. Definition of terms may serve to create interest in this commission. • ACTION TO BE CONSIDERED ON THIS ITEM: To define the length of Economic Development Commission members' terms and to confer or not confer ongoing status to this Commission. HEALTH OFFICER F. Health Officer -- In past years, the City has appointed a health officer, which has been the Cedarvale Medical Clinic. If there were an epidemic or, for example, there were unsanitary conditions which existed in housing or restaurants or some other areas of the City, the health officer would be called upon to write a letter and ask that the area be cleaned up. The City Health Officer has no authority to compel any action, however. Most, if not all, public health functions have been assumed by the Dakota County Board of Health in compliance with Minnesota statute. It is believed that all of the health officer's responsibilities can be met by the County Board of Health, the Eagan Police Department and the Depart- ment of Inspection. In addition, the Cedarvale Medical Clinic is no longer interested in acting in this capacity. 61 • Organization Business Memo January 10, 1985 Page Seven ACTION TO BE CONSIDERED ON THIS ITEM: To discontinue the position of health officer until such time as the situation or an outside agency requires it. COUNCIL MEETINGS G. City Council Meetings -- Each yea designate days and times specifically for years past, the City has met on the first month at 6:30 p.m. meetings. It is continued so it is days and times' the Hall. which are designated recommended that th not confusing to the official City Council r, the City Council must City Council meetings. In and third Tuesday of each as official City Council e same date and time be general public as to the meetings are held at City ACTION TO BE CONSIDERED ON THIS ITEM: To designate days for City Council meetings. COMMITTEE APPOINTMENTS H. Committee Appointments -- Several committee appointments can be made by Mayor Blomquist at the organizational meeting. The list of standing committees is as follows: 1. Personnel Committee 2. Finance Committee 3. Community Development & 4. Public Works Committee Public Relations Committee 1. The Personnel Committee was created in 1977 for the purpose of • writing and maintaining a personnel policy and also to create a foundation for personnel procedure. A personnel policy and job classification document for all employee positions were developed and are maintained through the office of the City Administrator. The Personnel Committee does not meet on a regular basis, however, it is available if the City Council should ask for a special review or study regarding salary compensation plans, personnel related mat- ters, such as personnel records, affirmative action, union contracts or other related matters. The City Council members who served on the Personnel Committee in 1984 were Ted Wachter and Jerry Thomas with Mr. Thomas as chairman. 2. The Finance Committee was established to investigate from time to time the practicality of issuing new bonds -for the City, whether it be for equipment certificates, general obligation or industrial revenue. The Finance Committee has researched many special programs such as the Tax Exempt Mortgage Financing and other industrial revenue tax exempt mortgage type financing programs as a resource committee for the City Council. The Finance Committee will review any application if a special study is requested by the City Council. 5Y organization Business Memo January 10, 1985 Page Eight The Finance Committee also meets and reviews all of their special projects as directed by the City Council that involve budgetary expenditures. The two menmbers of the City Council that served on the Finance Committee in 1984, were James Smith and Mayor Blomquist, with Mr. Smith acting as chairman. 3. The Community Development Public Relations Committee is a third committee. This committee has been comprised of two Councilmembers. It functions as an advisory committee to the City Council for purposes of advertising attractive new commercial, industrial and residential development to the community. An Economic Development Commission for the City of Eagan was established in 1983 in conjunction with the Star City program. It is expected that this commission will continue to consult with the Community Development Committee. This committee was organized in 1977 and its members during 1984 were Jim Smith and Ted Wachter, with Mr. Smith acting as • chairman. 4. Public Works Committee is a fourth committee and includes utilities, roads, parks and even issues that relate to the Airport Commission. This committee has studied the recommendations from the City Administrator and also the Director of Public Works concerning the construction of wells, reservoirs and new utility mains. It also relates to various street improvements, maintenance and new construction as well as snow removal and other related items. This committee does not meet on a regular basis, however, it is available to study certain issues of the Public Works operation as designated by the City Council. This committee was also formed in 1977 and had two members, Jerry Thomas and Tom Egan, with Mr. Egan serving as chairman, in 1984. Special Note: The City Council in setting up the four (4) standing • committees, attempted to limit the number of standing committees to four workable committees which all contain a somewhat broad range of topics. The purpose of the standing committees is to conduct investigations, to make reports on matters of facts. Often, the committees are used to study facts and make recommendations to the City Council. The City Administrator works very closely with all four (4) committees and normally supplies information and other data to the committee's chairperson and members when committee meetings are held. All meetings are open to the public. The meeting notices are prepared and posted at City Hall stating the location of the meetings and the items for discussion. The committees are advisory to the City Council. There is no action taken, and therefore, formal minutes are not required; however, a report.is generally prepared by the City Administrator, or a committee member which is presented to the City Council for any action that is required at a regular meeting. 53 Organization Business Memo January 10, 1985 Page Nine Additional Special Note: Traditionally,. a Councilmember has been appointed as a liaison member to the Parks and Recreation Commission and Planning Commission. During 1984, Mayor Blomquist appointed Jerry Thomas as the City's liaison person with the Advisory Parks and Recreation Commission and Tom Egan to the Advisory Planning Commission. ACTION TO BE CONSIDERED ON THIS ITEM: To appoint members of the four standing committees, and the liaison persons for the Advisory Parks and Recreation Commission and the Advisory Planning Commission. FISCAL CONSULTANT I. Fiscal Consultant -- Each year, a Fiscal Consultant is • appointed by the City Council to provide fiscal advice and handle bond sales for the City of Eagan. Miller & Schroeder is currently acting as the City's fiscal agent. Since there is no written agreement with Miller & Schroeder, technically they are hired per bond issue on a continuing basis at the discretion of the City Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment of a fiscal consultant. LEGAL CONSULTANT J. Legal Consultant -- The law firm of Paul Hauge and Associates is providing the City with excellent service and it is again recommended that Paul Hauge be appointed as City Attorney for the City of Eagan. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment of legal counsel. . CONSULTANT FEE SCHEDULES R. Consultant Fee Schedule -- The City of Eagan employs,various consultant firms for assistance in different technical fields of expertise; these include fiscal, legal, planning, parks and engineering. Fiscal consultants are technically hired per bond issue. Other firms are hired on an on-going basis and it is necessary to approve these fees for the 1984 calendar year. 1. Legal Consultant -- Enclosed on page -s66-15(6 are the 1985 fees proposed by Hauge, Smith, & Eide, P.A. If this firm is approved as the legal consultant for 1985, consideration of these fees would be appropriate at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1985 fee schedule proposed by the legal consultant firm of Hauge, Smith & Eide. PAUL H. HAUGE BRADLEY SMITH KEVIN W. EIDE RALPH W. COREY Mr. Thomas L. Hedges City Administrator CITY OF EAGAN 3830 Pilot Knob Road Eagan, MN 55122 HUGE. Smrm & EIDE. P. A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3808 SIBLEY MEMORIAL HIGHWAY EAGAN. MINNESOTA 58122 January 9, 1985 AREA CODE 512 TELEPHONE 454-4224 RE: PROPOSED 1985 CITY ATTORNEY FEE SCHEDULE Dear Tom: • We propose the following as the 1985 schedule from our office for Eagan City Attorney fee purposes: 1) General legal services for the 'Cit - $55 per hour. (1984 was $50/hr) Attendance at Advisory Planning Commission and City Council meetings will be billed at 1/2 the normal hourly rate as in the past. 2) Paralegal fees - $20 to $25 per hour. ($15 to $20/hr in 1984) 3) Legal fees for City installed improvement projects including street and utility work, based upon l -1/4Y of contract amounts awarded plus change orders awarded by the City; less bond counsel fees. The ser- vice will include all work connected with the acquisition of easements, including negotiations, preparation of documents and contacts with owners; also the handling of assessment appeals that relatedirectly to the • assessments of the property; and further, all condemnation actions in- volving the acquisition of easements for the City except as provided in the next paragraph. In addition, we would propose -that any projects billed directly to de- velopers such as condemnation of property where the City requires a developer or developers to reimburse the City for all expenses includ- ing attorneys fees, that we bill the City directly for such fees and costs incurred. However, all out-of-pocket costs related to assess- ment appeals or acquisition of easements would be paid directly by the City, including surveying expenses, appraisal fees and costs, the fees for commissioners in condemnation, engineering and planners fees and services, expert witness fees, any action being brought by contractors or against contractors for work involving any of the improvement pro- jects under contracts with the City, and other general lawsuits should be paid by the City. A large amount of public improvements within new developments are being financed and constructed privately and no fees are being charged by our office for those projects. 35 Mr. Thomas Hedges January 9, 1985 Page 2. 4) Prosecution legal services - $50 per hour.. (1984 was $45/hr) Surrounding cities are still being charged considerably higher fees. A comparison of time for the past two years that our office has provided for the City is as follows: General Legal Matters Paid by City - Reimbursed by Miscellaneous Developers Prosecution (Law Suits) Utility Park 1983 884'30 19� 794' • 394'40" 1,029'40" 297'50" 806'10" 33'10" 335' 1,359'30" 179' 626' 4' We want to express our appreciation to the Council, the various committee membersandthe staff for an excellent working relationship during the past year. PHH:me Very truly yours, AUGE SMITH & Ems, P.A. H. TOTAL TIME 3,446' 3,297'30" organization January 10, Page Ten Business Memo 1985 2. Planning Consultant -- Enclosed on page 61;e are the 1985 fees proposed by Urban Planning & Design, planning consultants. Consideration of these fees would be appropriate at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1985 fee schedule proposed by the planning consultant firm of Urban Planning and Design. 3. Parks Planning Consultant -- Enclosed on pages through _(ejj _ are the 1985 fees proposed by Erkkila & Associates, park planning consultants. Consideration.of these fees would be appropriate at this time. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1985 fee schedule proposed by the parks consultant of Tim Erkkila & Associates. 4. Engineering Consultant -- 1985 fees for the engineering consultant firm of Bonestroo, Rosene, Anderlik & Associates, were officially approved at the December 18, 1984, meeting. Therefore, no action is required for this item. -<'7 • • • • -- RATE SCHEDULE -- Effective January.l, 1984 URBAN PLANNING & DESIGN, INC. STAFF Principal Planner (1) Planner II (2) Landscape Architect I (3) Landscape Architect II (2) Draftsman Secretary Research Assistant Mileage (per mile) Materials RATE PER HOUR $ 50.00 38.00 33.00 25.00 20.00 10.50 20.00 .24 Cost (1) "Planner -In -Charge" as designated by the State of Minnesota for 701 Planning and minimum five (5) years experience. (2) Masters or undergraduate degree and minimum three (3) years experience. (3) Minnesota Registration by State Board and minimum five (5) years experience. asso i• t¢s December 12, 1984 Mr. Tom Hedges, Administrator CITY ADMINISTRATIVE OFFICES 3830 Pilot Knob Road Eagan, MN 55122 Dear Mr. Hedges: Suite 100, 2611 Central Ave. N.E. Minneapolis, MN 55418 781-6696 LANDSCAPE ARCHITECTURE • PLANNING • DESIGN Provided here is our proposed work relationship for Park Planning/Landscape • Architectural services in calendar year 1985. While no specific projects are in mind, this agreement is intended to cover technical assistance on a casual or "as needed" basis. This should facilitate miscellaneous advisory services relative to working with the Park System Plan, park land dedication issues or other services. Any specific, larger tasks shall be covered under a separate fees proposal if requested. The attached Charge Rate Schedule (for 1985) shall be the basis for our services except that you shall receive a 10% DISCOUNT ON HOURLY CHARGE RATES. This discount shall be shown on each bill. We shall use the cost plus materials basis for our work and bill the City monthly for any services performed. We shall honor this rate schedule and discount for the entire year. We have enjoyed working with Eagan. As in previous years we hope to make every effort to provide you with highly cost effective services. We shall look forward to working with Eagan in 1985. . Sincerely, ERKKILA 8 ASSOCIATES Tim Erkkila, ASLA TE/cls enclosure 6f Qall kl � • SO @ I0tE S STAFF MEMBER Suite 100, 2611 Central Ave. KE. Minneapolis, MN 55418 781-6696 LANDSCAPE ARCHITECTURE • PLANNING o DESIGN CHARGE RATE SCHEDULE (effective January 1, 1985) RATE PER HOUR Registered Landscape Architect/ Senior Planner .............. $40.00 (Formal Presentations and Consultation) Senior Landscape Architect/Senior Planner .................. $35.00 (Project Work) • Planner/Site Planner/Landscape Architect ................... $25.00 - $27.50 Cartographer and Technician ............................... $20.00 - $25.00 Secretarial (Report Typing) ................................. $15.00 WordProcessing ............................................ $20.00 Outside Consultants ......................................... Per Job Basis Supplies (Special Order Materials) ........................... Cost, plus 10% Mileage ...................................................... $.25/mile Direct Expenses (prints, postage, parking, etc.) ............ Cost, plus 10% • Project fees shall be as arranged in one of the following methods: 1. Cost plus materials: Work conducted as requested, services billed as incurred, based on this schedule. 2. Cost plus materials to a maximum: Specific services as agreed to not ex- ceed a set cost, billings toward that amount are based on this schedule. 3. Lump Sum: Specific end product and fee fixed. Rates are subject to change annually on a calendar year basis. 40 • 0 Agenda Information Memo January 15, 1985, City Council Meeting Page Twenty-one OLD, BUSINESS PRELIMINARY PLAT/THOMAS LAKE PLACE A. Dominium Group (Jack Safar) for Preliminary Plat of Thomas Lake Place Containing 238 Multiple Dwelling Units on Approximately 17 Acres -- As the City Council recalls, the preliminary plat for Thomas Lake Place was considered by both the Advisory Planning Com- mission and City Council in the fall of 1984. The APC has approved the preliminary plat of record, sending their recommendation to the City Council. Upon City Council review, a number of questions were raised by the City Council regarding the proposed preliminary plat application. Due to the magnitude of revisions and City Council agendas proposed for the month of December, this item was continued until the January 15, 1985 meeting. The revisions for Thomas Lake Place were presented to the City Planner this week. After reviewing the revisions, it was determined that this item should be sent back to the APC for a new public hearing. According to the City Planner, the applicant has done everything possible to preserve trees and minimize grading in this development proposal. As a result, the applicant is proposing a slightly lower density than what was originally proposed. Also, access to this development has changed from the north to the south and the applicant is proposing four buildings vs. two. ACTION TO BE CONSIDERED ON THIS definitely, understanding that hearings will be held before the Park & Recreation Commission. ITEM: To continue this item in - an application and new public APC and reviewed by the Advisory Agenda Information Memo January 15, 1985, City Council Meeting Page Twenty -Two PRELIMINARY PLAT/LEMAY LAKE IST ADDITION B. Alscor/Opus Corporation for Preliminary Plat of Lemay Lake 1st Addition and a Concept Plan for Adjacent Commercial Land and Con- sideration to Set a Public Hearing to Consider Multi -Family Housing Revenue Bonds in the Amount of $13,000,000 -- The public hearing was held by the Advisory Planning Commission at their last regular meeting held on December 20, 1984. This item was then recommended to the City Council and considered at the January 2, 1985 City Coun- cil meeting,for a recommended approval by the Advisory Planning Com- mission. The City Council reviewed the item and asked that special attention be given to the feasibility of an east -west street con- nection with Eagandale Industrial Boulevard as a part of the pro- • posed plat. The planning and engineering departments have met with the developers. For additional information and proposals regarding a change in the traffic patterns, refer to pages (,_ through For additional information on this item, refer to pages 29 thr gh 43 of the January 2, 1985 City Council packet. If a favorable decision is considered for the Lemay Lake Apartment project, an application has been made by the developer to the City's program administrator, Miller & Schroeder Municipals, Inc., to con- sider a multi -family housing revenue bond in the amount of $13,000,000. The application and all attachments are in order for consideration. The public hearing would be scheduled for the Febru- ary 5, 1985 City Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: 1. To approve or deny the preliminary plat of Lemay Lake 1st Addition and a concept plan for adjacent commercial land as originally proposed or with further con- sideration of the new plan modification. 2. To approve or deny a public hearing date for February 5, 1985 to consider multi -family housing revenue bonds for the Lemay Lake Apartment project. /.v MEMO TO: THOMAS L. HEDGES, CITY ADMINISTRATOR FROM: THOMAS A. COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JANUARY 9, 1985 SUBJECT: PRELIMINARY PLAT - LEMAY LAKE 1ST ADDITION At the January 2 Council meeting, the City Council requested the developer of the proposed Lemay Lake Addition to provide three (3) alternate layouts to service the parking lots associated with the apartment complex development of that subdivision. Attached to this memo are 8 ' x 11 reductions of the original proposal along with the three alternates (Plans 2, 3, & 4) as requested by Council. The Public Works Department supports Plan number 2 which provides for the expansion of the previous emergency access trail into a full roadway providing direct access on to Eagandale Place. However, Plan 2 proposed by the developer does not eliminate the roadway extension to the north adjacent to the Poplar Addition • around the west side of the northerly complex. The Public Works Director would recommend that this private driveway extension be eliminated in lieu of the proposed direct connection to Eagandale Place. In addition, it will no longer be necessary to provide for the "RIGHT-IN/RIGHT-OUT" from Lone Oak Road. These suggested modifications to the developers Plan number 2 provide the following advantages: 1. Elimination of the northerly portion of the roadway adjacent to the Poplar Addition along the west end of the northerly apartment complex eliminating traffic pollution (noise, head- lights, etc.) thereby providing greater green space and buffer area. 2. With the elimination of the "SECONDARY" access to Lone Oak Road for the northerly complex parking lot, all parking lots could take direct access from Eagandale Place and its proposed • future signalized intersection with Lone Oak Road. This would provide additional green space and buffer area between Lone Oak Road and the northerly complex parking lot. 3. The elimination of the northerly extension of the west roadway offsets the additional costs of the roadway connecting the west parking lot directly to Eagandale Place. These comments are offered from an engineering traffic circulation point of view while taking into consideration the impact of the other alternates to Lemay Lake along with the existing and future residents of this area. I will be available to expand in further detail any other aspects of these alternates as desired. Res ectfully S mitted, Thomas A. Colbert, P.E. Director of Public Works TAC/sl Attach. 40 wR _Lu.L.mw. � s�tp t Ay M•m 1 4u�w rn�ea.ee 1 �(q'e.Nbc-I �••4 .wr w+ W. L M.I. 1r'1L L. L ww J W -W- ' 11 Ow r V ' � v• ( 11J1.1WL111L1111111111711 � `� ,� S� - �ianx J 1 /11 y✓ f / / % • u +.+.' ji 1� IWAW I Ali I�, �.��lli\ IT � a HU N .w�nLn• h�LS LS�J LSI �L\ 1.��1 Y ��/ �C11J.C1\AV II Il,lwaoy ..4 4MMp� II•P�M l_ /moi _ a pv GLV i 11 I L:J' M 1S .Ll L` 1 A L .L. L -J Li Yl IP L\ IRU M I R' V Ll L- :./ GtvLDfLF.s i rNniM1•1 T I To, MATZ I A K 7. • • J 0 9 APAMUMENTS 0 rL= ipum is Agenda Information Memo January 15, 1985, City Council Meeting Page Twenty -Three CONDITIONAL USE PERMIT/RAGAN/PYLON SIGN A. Brad Ragan, Inc., for a Conditional Use Permit to Allow a Pylon Sign -- A public hearing was held before the Advisory Planning Com- mission at their last regular meeting held on December 20, 1984 to consider an application for a conditional use permit to allow a pylon sign at 3815 Nicols Road submitted by Brad Ragan, Inc. The APC reviewed the application and noted that the conditional use for the sign is allowable, that the applicant would conform with all the provisions in the sign ordinance regarding number of signs. The APC is recommending approval of the conditional use permit to • the City Council. The APC is recommending that condition #1 be amended to limit the size of the pylon sign to 99 sq. ft. with the maximum of 22 ft. in height. For additional information on the item refer to the planning department report, a copy of which is enclosed on pages 4o through A copy of the APC minutes is enclosed on page,(.4 I P �— ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the condi- tional use permit for pylon sign as requested by Brad Ragan, Inc. • /„ V • CITY OF EAGAN SUBJECT: CONDITIONAL USE -- PYLON SIGN APPLICANT: BRAD RAGAN, INC LOCATION: PART OF THE Nh OF THE NWh OF SECTION 19 EXISTING ZONING: L-1 (Limited Industrial District) DATE OF PUBLIC HEARING: DECEMBER 20, 1984 DATE OF REPORT: DECEMBER 12, 1984 REPORTED BY: GREG INGRAHAM, ASST. PLANNER REVIEWED BY: DALE RUNKLE, CITY PLANNER APPLICATION SUBMITTED: An application has been submitted requesting a Conditional Use Permit to allow a pylon sign to be located at 3815 Nicols Rd. COMMENTS: The applicant has an existing "Goodyear" ground sign which is 4' - 6" by 22' long. This request is to allow the 99 square foot sign to be placed on a 17' - 6" high pole for a total height of 22 feet. The sign is not within 300' of any existing sign and would be setback 14' from the new Cedar Avenue, right-of-way. The applicant currently has 5 ground signs on the property. City Staff has been working with the applicant to bring this into code conformance. • If approved the Conditional Use Permit shall be subject to the following conditions: 1. The pylon sign shall be limited ,to 125 sq. ft. in area per side and 27 ft. in height. 2. The pylon sign shall be a minimum of 10' from any property line. 3. All other signs on the property shall be limited to one ground sign less than 7' high and directional signs of less than 3 sq. ft. in area. 0 M 0 GLOREMASTER BUILDING 3815 Cedar Avenue South Eagan, Minnesota 1, C . SITE PLAN Ell 7-0-P-101- LE/A'SED �y cc &I 71l A c 7-04.1 i NEW CEDAR AVENUE BRIDGE IyG�CJ�fEAR PA Rii i t) 4 W19LL. u, INIIIIII —"v rMc .1.1 ,f- / v/ CECAR AVENUE 112 MILE To STATE HIGHWAY 13 0 TEIUOEdr�,ffL Ma o PCN FftfowP sib/ geAo P-w,W nt& 0 .r APC Minutes December 20, 1984 A letter from Thomas and Gretchen Murr objecting to the proposed utilities and street improvements was submitted. Rrob moved, Mulrooney seconded the motion to recommend approval of the application for rezoning and further for preliminary plat approval subject to the following conditions: 1. Golden Meadow Road public improvements shall be approved by Council prior to final plat approval. 2. A 30 foot half right-of-way shall be dedicated for Golden Meadow Road. • 3. No driveways shall exceed 10% slope. 4. All other City requirements shall be complied with. 5. A detailed erosion control plan shall be submitted according to City requirements. All members voted in the affirmative. BRAD RAGAN, INC. - PYLON SIGN - CONDITIONAL USE PERMIT The hearing regarding the application of Brad Ragan, Inc. for conditional use permit for pylon sign to be located at 3815 Nicola Road came before the Planning Commission. The applicant now has a Goodyear ground sign and several other signs on the property at the intersection of Cedar and Highway #13 and it was noted that one pylon sign would be allowed. A representative of Brad • Ragan was present and stated that all other non -conforming signs will be removed to comply with the oridinance. Mulrooney moved, Wilkins seconded the motion to recommend approval, subject to the following conditions: 1. The pylon sign shall be limited to 99 square feet in area per side and 22 feet in height. 2. The pylon sign shall be a minimum of 10 feet from any property line. 3. Signs on the property shall be limited to one ground sign less than 7 feet in height and directional signs of less than 3 square feet in area. 4. All other signs presently on the proeprty and not in conformance will be removed from the premises immediately. All voted in favor. 5 73 Agenda Information Memo January 15, 1985, City Council Meeting Page Twenty -Four PRELIMINARY PLAT/RAHNCLIFF 2nd ADDITION B. M. G. Astleford for Preliminary Plat of Rahncliff 2nd Addition, Consisting of One Office Building on 5.7 Acres -- A public hearing was held at the last APC meeting held on December 20, 1984. The applicant is requesting preliminary plat approval of Rahncliff 2nd Addition consisting of one 5.7 acre lot for a 65,000 sq. ft., three story office building. The APC is recommending approval subject to conditions as outlined in the staff report to the City Council. For additional information on this item, refer to a report that was prepared by the planning and engineering departments found on pages �$ through $ Also enclosed on page 8' is a copy oS the APC minutes. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a pre- liminary plat for Rahncliff 2nd Addition as presented. 75� CITY OF EAGAN SUBJECT: PRELIMINARY PLAT — RAHNCLIFF 2ND ADDITION APPLICANT: M.G. ASTLEFORD LOCATION: OUTLOT B, RAHNCLIFF, PART OF THE NW'y OF SECTION 32 EXISTING ZONING: R.B. — ROADSIDE BUSINESS DATE OF PUBLIC HEARING: DECEMBER 20 984 DATE OF REPORT: DECEMBER 13, 1984 REPORTED BY: PLANNING & ENGINEERING DEPTS. PROPOSAL SUMMARY: The applicant is requesting Preliminary Plat approval of • Rahncliff 2nd Addition consisting of one 5.7 acre lot for a 65,000 sq. ft. 3 story office building. ZONING & LAND USE: Presently the parcel is zoned R.B. (roadside business). The applicant is currently pursuing a rezoning to L.B. (limited business). That rezoning request was recommended for approval by the APC on November 27, 1984. The City Council will be considering the rezoning on December 18, 1984. The parcel is bordered by Rahncliff 1st Addition on the north, I -35E to the east & south & vacant limited business land is to the west. Rahncliff 1st Addition consists of a hotel site, restaurant & service station parcels. The property has no significant vegetation since it has been graded previously. CODE COMPLIANCE: The proposal meets all the setback & lot coverage requirements • of a limited business district. SITE PLANNING: The site plan shows 305 surface parking spaces & 70 underground parking stalls which exceeds the 347 spaces required. by City code. Due to the close proximity of I -35E (175' from building to the south bound lane), extensive noise control methods should be utilized. Berming, landscaping & architectural design can help lessen the noise impact. The site plan presented with the Preliminary Plat application is not sufficiently detailed. It is the Staff's understanding that the applicant is in the process of revising the site plan and will have it available for the December 20th meeting. GRADING/DRAINAGE: Some site grading over this proposed development has been accomplished under Excavation Permit #32-011 in accordance with the approved grading plan accompanying the permit application. As it exists, the drainage over this proposed development is southerly to a low area located near the SE corner of this proposed development. This area is located within MnDot right—of—way of I -35E. 75 RAHNCLIFF 2ND ADDITION DECEMBER 20, 1984 PAGE 2. The proposed grading over this site proposes to collect all runoff generated by this site into internal storm sewer which in turn will be conveyed to the existing trunk storm sewer line located adjacent the NW boundary of I -35E. The, eventual discharge of this storm water runoff will be into Boesell Pond (AP -11). Although this pond does not have a permanent overflow outlet construct- ed from it, a temporary outlet is in the process of being constructed at this time. If this development is approved, consideration for installing a permanent downstream outlet from this pond should be undertaken. The majority of the drainage from this proposed development is to be contained within the boundary of the development, some runoff will undoubtly occur onto MnDot right-of-way. Subsequently, prior to Final Plat approval, written approval from MnDot should be obtained regarding the final site grading plan for this proposed development. UTILITIES: Sanitary sewer & watermain of sufficient size, capacity and depth exists within the proximity of this proposed development to provide service • to it. Figure 2 illustrates the location of the existing City utilities with respect to this development. As a requirement of the Rahncliff Addition, a public improvement project for the extension of the 16" trunk watermain and Laterial sanitary sewer and water main would be required prior to Final Plat approval. The only utilities required for this development will be water and sewer services and hydrant Leads. STREETS: Access to this proposed development will be by way of Rahncliff Ct. Rahncliff Ct. is to be constructed with the Rahncliff Addition and will be a loop street connecting to Rahn Rd. To facilitate the looping, Rahn Rd. will have to be extended approx. 200' south. These streets will be constructed to City standards for a 9 ton collector street status. RIGHT-0F-WAY/EASEMENTS: Right-of-way, as indicated on the Preliminary Plat, • shall be dedicated for the half right-of-way for Rahn Rd. and the full right-of- way for Rahncliff Ct., if the entire right-of-way for Rahncliff Ct. is not dedicated with the Rahncliff Addition. The utility easements shall be dedicated as shown on the plat adjacent the NE, SE, southerly & westerly borders of this proposed development. All other easements shall be dedicated as required by code. ASSESSMENTS: Trunk area water and sanitary sewer have been assessed over the existing parcel 00320-010-27. Also, lateral benefit for trunk sanitary sewer has been assessed along with a portion benefit for trunk watermain along Rahn Rd. (Project #370). The remaining obligation for lateral benefit from trunk watermain will be assessed upon the extension of the 16" trunk along this proposed development. In addition, trunk storm sewer area assessments were also Levied under Project 0370. All trunk area water, sanitary sewer & storm sewer assessments have been levied over this parcel and all costs for future lateral public improvements and lateral benefits from trunk watermain will be the sole responsibility of this development. 74 RAHNCLIFF 2ND ADDITION DECEMBER 20, 1984 PACE 3 RECOMMENDATIONS — RAHNCLIFF 2ND ADDITION 1. Concurrence from MnDot regarding drainage onto I -35E right—of—way. 2. A public improvement project shall be approved prior to Final Plat approval. 3.' All costs for future lateral public improvements and lateral benefit from trunk watermain shall be the sole responsibility of this development. 4. A detailed landscaping plan shall be submitted for Staff approval prior to any construction, showing plant species, size & location. Special attention should be paid to I -35E buffering & interior/exterior screening of the. parking lot. 5. 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I' N NdT IV 100 APC Minutes December 20, 1984 EAGAN WOODS OFFICE PARK - CONCEPT APPROVAL Mulrooney then moved, Wilkins seconded the motion to recommend approval of the concept plan for the Eagan Woods Office Park, noting that a Planned Development Agreement shall be entered into for the overall plan submitted with the Planning report; further, that the concept plan and other exhibits included with the packet shall be made a part of the Planned Development Agreement. All members voted yes except Hall who abstained on the motion. RARNCLIFF 2ND ADDITION - PRELIMINARY PLAT • The hearing regarding the application of M.G. Astleford for preliminary plat approval of Rahneliff 2nd Addition consisting of one 5.7 acre lot to include a 65,000 square foot three-story office building, came before the Planning Commission. Dale Runkle explained the project and noted the site plan provides for 305 surface parking spaces and 70 underground parking stalls, which exceeds the 347 parking spaces required by City Code. Extensive noise control methods should be utilized, including berming, landscaping and architectural design which could lessen the noise impact. Charles Novak, architect, and Jim Hill, Planner, were present. Mr. Novak stated that a window glazing system with glass set in rubber gaskets, and the thickness of the walls will tend to cut down the noise impact on the building. A row of trees will be constructed along the freeway side and the Planning Commission members recommended tightening the parking area to provide for additional green space along the exterior. The parcel directly to the south is intended for park and ponding. Krob moved, Mulrooney seconded the motion to recommend approval of the application, subject to these conditions: • 1. Approval from MnDOT regarding drainage onto I -35E right-of-way shall be acquired. 2. A public improvement project shall be approved prior to final plat approval. 3. All costs for future lateral public improvements and lateral benefit from trunk watermain shall be the sole responsibility of this development. 4. A detailed landscaping plan shall be submitted for Staff approval prior to any construction, showing plat species, size and location. Special attention shall be paid to I -35E buffering and interior/exterior screening of the parking lot. 5. All other City ordinances shall be adhered to. All members voted in the affirmative. e Agenda Information Memo January 15, 1985, City Council Meeting Page Twenty -Five SALARY COMPENSATION CONSIDERATION FOR 1985 C. Salary Compensation for 1985 -- The City Administrator will present an update on salary considerations for all non-union posi- tions as a part of the administrative packet on Monday. It is also expected that the City Administrator will present a counteroffer from the Police Association for consideration of a two year con- tract. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny salary compensation rates for 1985 as presented and/or modified by review and action of the City Council. i s/Thomas L. Hedges City Administrator r1 U 96 MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JANUARY 11, 1985 SUBJECT: INFORMATIVE PROTECTIVE INSPECTIONS REPORT Enclosed on pages_ through�-is a copy of the monthly report for December and the accumulative for building permits in 1984. Please note that the City issued 1,053 building permits during 1984. City Councilmember Wachter, Chief Building Inspector Peterson and the City Administrator met earlier this week at City Councilmember Wachter's request. The purpose of the meeting is to further discuss the possible need for additional manpower in building inspections and proposed legislation that will tighten up more controls assuring better quality for residential construc- tion. More meetings are planned to address these issues. REPORT REGARDING ADVERTISING SIGNS THROUGHOUT THE COMMUNITY As the City Council recalls, the City has employed Elmer Borgschatz as a MEED employee to perform the role of sign inspector. This is a six-month program. The purpose of hiring Mr. Borgschatz was to implement some of the desires of the City Council to crack down on signs by eliminating many of the signs that are illegally placed in the City by either physically removing the signs, requiring the owner of the sign to come into conformance with the City or enforce other appropriate regulations. Also, a sign inventory was desired as a part of the study. For a brief report from the sign inspector, refer to page qp . ROAD MACHINERY AND SUPPLY COMPANY As I indicated to the City Council, a letter would be forthcoming regarding the status of Road Machinery and Supply Company. A copy of that etter is enclosed for your review on page _'L through l\ City Administrator TLH/jj QG PROTECTIVE INSPECTIONS MONTHLY REPORT DECEMBER 1984 INSPECTION/OFFICE HOURS YTD This Month Year -To -Date Building 149.5 2,335.5 Plumbing 137 1,633.5 11VAC 99 1,019 Administrative/Office 32 444.5 Fire marshal 37 571.5 Miscellaneous 89 587.25 General Office 194 2,393.5 Permit Processing 358 2,461 NUMBER OF PERMITS ISSUED 1,752.00 21,390.00 35 This Month Year -To -Date Building, 74 1,053 Electrical 90 1,134 • Plumbing 37 887 hVAC 45 98o Water Softener 0 88 Well, Cesspool, Septic Tank -- 0 Signs 6 138 NATURE OF BUILDING PERMITS ISSUED 80.50 YTD MONTP.LY I _ Tv a Permits Valuation Permit Fee Plan Check Fee Total Fee* 514 Single Family 44 3,321,000 15,756.50 7,876.25 82,797.65 26 Du lex 2 114,000 608.00 304.00 3,605.00 229 1 Multi -Family 12 636,000 3,504.00 1,752.00 21,390.00 35 Cormuercial 6 910,900 2,575.00 1,250.25 12,721.75 3 3 Agricultural Industrial 1 0 5,900 56.50 -- 59.50 2 Institutional 0 31 Res. Garage 1 9,500 80.50 85.50 19 Swim. Pool 0 161Hiscellaneous 8 48,200 434.50 140.50 600.50 1,053 TOTALS 74 5,045,500 23,015.00 11,323.00 121,259.90 YEAR-TO-DATE 73,043,863. 311,851.75 149,983.25 1,871,219.05 * Total Fees Include: Building Permit Fee, Sur -Charge, Plan Check Fee, SAC Unit Fee, Water Connection Fee, Water Meter Fee and Road Unit Fee. Also includes park dedication fee. V-7 PROTECTIVE &ECTIONS - MONTHLY INFORMATION • DATE: DECEMBER 1984 MIRTT—VAMTTV RRVARfl(IWM. � 1 rnmM R!'TAT TMTIICTRTAT. AMn TMCTTTTTTTnMAT. RRVAVnnLMe BUILDING NUMBER NUMBER OF i NUMBER OF PERMIT SUR- SUR- PLAN CHECK TYPE OF PERMITS BUILDINGS UNITS VALUATIONS PERMIT FEES CHARGE FEES TOTAL FEES 4 -UNIT TOWNHOUSE 12 3 12 636,000 3,504 318 1,752 21,390 6 -UNIT L 1 B 2 CEDAR/CLIFF COMM DOUG COLE 75,000 358.00 37.50 179.00 574.50 COMM TOWNHOUSE 1500 TOWERVIEW RD 8 -UNIT L 1 B 1 SPERRY PARK ADD SPERRY CORP 8,100 74.50 4.50 - 79.00 COMM TOWNHOUSE 1500 TOWERVIEW RD ` APT. OR L 1, B 1, SPERRY PARK ADD SPERRY CORP . 48,800 278.50 24.50 139.25 442.25 COMM CONDO 4165 LEXINGTON AVE DUPLEX 2 1 2. 114,000 608 57 304 3,605 TOTALS 14 4 14. i 750,000 4,112 375 2,056 24,995 rnmM R!'TAT TMTIICTRTAT. AMn TMCTTTTTTTnMAT. RRVAVnnLMe BUILDING _ PERMIT SUR- PLAN CHECK PERMIT # ADDRESS & LEGAL OWNER VALUATIONS FEE CHARGE FEES TOTAL FEES OCCUPANC 2125 CLIFF RD 9763 L 1 B 2 CEDAR/CLIFF COMM DOUG COLE 75,000 358.00 37.50 179.00 574.50 COMM 1500 TOWERVIEW RD 9768 L 1 B 1 SPERRY PARK ADD SPERRY CORP 8,100 74.50 4.50 - 79.00 COMM 1500 TOWERVIEW RD 9773 L 1, B 1, SPERRY PARK ADD SPERRY CORP . 48,800 278.50 24.50 139.25 442.25 COMM 4165 LEXINGTON AVE 9775 L 1, B 54, SECT 23 CITY OF EAGAN 180,000 N/A N/A N/A N/A COMM 2950 DODD RD CHURCH 9778 L 3, B 75 SECT 2 TRTNITY'LONE OAK 5,900 56.50 3.00 - _ 59.50 AGRIC 3960 BEAU D'RUE 9829 L 1, B 11, SECT 19 MILLWORK OF EAGAN 504,000 1,443.00 252.00 721.50 10,946.50 COMM 1500 TOWERVIEW RD 9830 L 1, B 1, SPERRY PARK ADD SPERRY CORP 95.000 421.00 48.00 210.50 679.50 COMM c -'i, PROTECTIVE INSPECTIONS - MONTHLY INFORMATION 1983 TOTALS: IONS & FEES Single Family - 503 Ind/Comm/Instit. - 25 Valuation - $ 62,725,950.00 Duplex - 64 Res. Garage - 25 Bldg. Permit Fee - $ 278,590.00 Four Unit - 92 Swimming Pool - 10 Sur -Charge - $ 34,798.50 Six Unit - Miscellaneous - 177 Plan Check Fee - $ 135,878.50 Eight Unit - 24 Apt/Condo - 33 TOTAL: - 983 TOTAL FEE: - $ 1,590,077.39 VOID: 11 `O MEMO TO: DALE PETERSON, CHIEF BUILDING OFFICIAL FROM: ELMER A. BORGSCHATZ, SIGN INSPECTOR DATE: JANUARY 8, 1985 RE: SIGN STATUS — UNDER SECTION 4.20 I am pleased to present this interim report for the first 40 days of the 120 days that I hope to serve the City of Eagan as sign inspector. Permit me to summarize this status report and my observations to date. My main emphasis up to this time was to check the signs in the field and to collect the renewal fees that were due July 1, 1984. Out of some 590 registered signs, I found 126 were unpaid. As of this date, three (3) persons have not responded to a November follow—up letter or numerous telephone calls. In fairness I felt this step was necessary to dispel the frequent comments, "Nobody else pays renewals, why should I?" • We also found that 16 firms had gone out of business. It was difficult to determine the date that the demise took place, therefore, no collections were made. New tenants were contacted with a very good response. I feel that the building and business pylon signs have been identified with one or two exceptions. We fear, however, that 12 to 15 ground and advertising signs are illegal. Some firms have been cooperating in removing their signs. To date I have been careful not to force the issue when voluntary compliance has been fairly successful. I believe we need to solicit the cooperation of the sign companies. Legal sign permits as of January 2, 1985 are as follows: Ground Signs 203 Building Signs 290 Business Pylons 51 • Advertising Signs 36 Temporary Advertising 21 TOTAL: 601 I would suggest that a block by block inventory be made by April 9, 1985. I do need some direction in the process of removing the illegal signs. Removal of the signs without permits would have a tremendous impact on future compliance. Signs have an impact on the character and quality of the environment as prominent parts of the scenery. They attract or repel the viewing public, affect the safety of vehicular traffic, their suitability or appropriateness helps to set the tone of the neighborhood. When signs are too numerous, they can downgrade an area, depreciate property values and discourage investors and visitors. Unsightly signs violate the right of other sign users who have higher standards and values of their community. I shall be pleased to provide you with any specifics relative to the ordinance and any criteria that is necessary to affectively enforce the regulation. 7 _ ROAD MACHINERY 6 SUPPLIES CO. Michael R. Sill Chelrman end Chlal Eeeculive Officer City of Eagan 3795 Pilot Knob Road Eagan, Minnesota 55122 Attention: Mr. Tom Hedges, City Administrator Dear Tom: December 28, 1984 MRS/sld -` �� •-` 4901 West 80th Street • Minneapolis. Minnesota 55437 • Phone: (612) 835-3535 • E This letter will confirm our telephone conversation of December 21 in which I informed you that the bond council repre- senting the bond holders, Susan Van Dyke, from the Dorsey Whitney - firm, surprised us with the comment that they could not give us a positive opinion as to our qualifying for an industrial revenue bond. The reason was that she felt that our rental and leasing activity - put us over the $10 million limit from capital investment. We intend to request a private ruling from the I.R.S. as to our qualifying for the industrial revenue bond as the law is not -' clearly stated. We feel as though our rental and leasing business should not be classified as capital investment. �ic�; ldtr�?c:°s=ires It is still our intent to move our corporate headquarters to the site on Highway 13 and Old Cedar Avenue. However, the urgency is not quite as great as it was, as we were trying to complete everything before the December 31, 1984 deadline. I will be con- tacting you in January to bring you more up to date with our plans. I am also taking the liberty of sending you a copy of a letter from Steve DeRuyter, our council, which gives you some additional clarification. Thanks again, Tom, for all your consideration, and I will be looking forward to our visit around January 15. Sincerely, MRS/sld -` �� •-` 4901 West 80th Street • Minneapolis. Minnesota 55437 • Phone: (612) 835-3535 • E AMOs y, DEINARD SIDNEY LORBEP SIDNEY BARROWS HAROLD D. FIELD, JR, ALLENI SAEFS THOMAS D FEINBERG MORRIS M. SHERMAN GEORGE REILLY DAVID N. COR STEPHEN R. PFLAUM CHARLES A, MATS A NCYC. DR. HER LOWELLJ NOTEBOOM GEORGE F. MCGUNNIGLE. JR, FREDRIC T. ROSENBLATT BYRON E. STAPNS STEVEN D. D.RUYTER ALAN J. WILENSNY STE PHEM J. DAVIDSON STEPHEN R. LITMAN DAVID C. ZALN EDWARD M. MOERSFELOER ROBERT LEWIS BARROWS HUGH M. MAYNARD MICHAEL A. NE.ICM MARTHA C. BRAND PROFESSIONAL CORPORAT10HS LAW OFFICES LEONARD, STREET AND DEINARD A PARTNERSNIP INCLUDING PROFESSIONAL CORPORATIONS 1200 NATIONAL CITY BANK BUILDING 510 MAROUETTE AVENUE MINNEAPOLIS, MINNESOTA 55402 TELEPHONE AND TELECOPIER 16121 339-1200 December 31, 1984 Michael R. Sill, President Road Machinery & Supplies Co. 4901 West 80th Street • Bloomington, MN 55437 JAMES V. ROTH ROBERT L. DCMAY M, PATRICIA SCHAFFER ANGELA M. BOMMANN ROBERT O, ARRIN ROBERT P. THAV15 JAMES G.BULLARD JOSEPH M. FINLEY LAWRENCE J. FIELD JON. MA RIC BELL" RICHARD RAPSON MAR. S. WEITZ GEORGE B. WYETM NA NCY A. WELSH LOWELL V. STORTZ MARY BENJAMIN TREVOR J. BRADFORD GOSS DOUGLAS B. GREEN5WAG GEORGE B. LEONARD 11872.19"1 ART MOR L- N. STREET II8TT-1960 BENEDICT DEINARD (1899-19691 IRENE SCOTT DAVID N.MATNES D. R .... IL BOYER Re: $2,500,000 Industrial Development Revenue Note Bloomington Properties Project Road Machinery & Supplies Co Lessee City of Eagan, Minnesota Dear Mr. Sill: You have requested that I write a letter to you explaining the reason why we and bond counsel in the above project con- cluded that it was inadvisable to go forward with the closing of the IDR Note on Friday, December 21, 1984. You proposed to issue the IDR Note under the provisions of Section 103(b)(6)(D) of the Internal Revenue Code. That • section provides that an issuer may elect to issue an "exempt small issue" in an amount greater than $1 million but less than $10 million. For purposes of determining the amount of such issue, there must be taken into account the face amount of the IDR rate to be issued, the outstanding face amount of any prior exempt small issues in the same, municipality, and the aggregate amount of capital expenditures .with respect to facilities paid or incurred during the six year period beginning three years before the date of such issue and ending three years after such date and financed otherwise than out of the proceeds of outstanding issues to which Section 103(b)(6)(A) applies). The facilities to be taken into account are those located in the same incorporated munici- pality or located in the same county (but not in any incor- porated municipality), the principal user of which will be the same person or two or more related persons. 92J Michael R. Sill December 31, 1964 Page 2 with respect to your situation, then, the question was whether the total of all capital expenditures, including the $2,500,000 IDR Note which you proposed to close on December 21, would exceed $10,000,000 for capital expenditures to be used by Road Machinery &'Supplies Co. within the City of Eagan, Minnesota. The principal issue with respect to Road Machinery & Supplies Co. concerned the substantial amount of leased or rental equipment owned by your company. The total amount of such equipment acquired by your company during the past three years alone exceeds $10,000,000. If those pur- chases were deemed to be "inventory," no problem would exist. If, on the other, those purchases were deemed to be "capital expenditures," they must be included in the computation of the $10,000,000.00 limit. • Recent rulings by the Internal Revenue Service under factual situations somewhat similar, although not identical to yours, have provided some insight on the answer to this . question, but do not provide a clear definitive answer. Because of the imprecise nature of the law in this area, it was the mutual conclusion of bond counsel, our firm and yourselves that it was not advisable to move forward and close the bond issue. The risk if we had closed and the Internal Revenue Service had later determined that the expenditures for leased equipment were in fact "capital expenditures" was that the interest paid under the IDR Note would have been taxable. This in turn would have permitted the bond holder either to call the -note (thereby. requiring_ Road. Machinery to refinance the entire project) or .to increase the rate payable on the bonds to a modest -rate for taxable notes. Either of the fore- going consequences would have rendered the project financially infeasible. • . Unfortunately, the capital expenditure issue was not thoroughly investigated until the week prior to the scheduled closing. I did not become involved in the project until ten days before closing. At that time, the,issue was raised and discussions occurred between myself, bond counsel and members of your company in an attempt to assemble the relevant facts and to research the applicable law. Although bond counsel had been reviewing this project for some time prior to the time when this issue was raised, I cannot explain why this issue, which was of central and paramount importance in determining whether an IDR Note could be used to finance the project, was not investigated at an earlier date. Obviously, had this Iia Michael R. Sill December 31, 1984 Page 3 issue been investigated earlier, much time and expense on your. part and on the part of the officials of the City of Eagan could have been avoided. As I have told you in our telephone conversations, it would be possible to request the Internal Revenue Service to render an official ruling on the question which prevented this project from being completed. I would suggest, if you plan to finance the project through an IDR Note at a future date, that you obtain such a ruling well in advance of the application date. We would be able to assist you in applying for such a ruling. 0 SDD:kjd • 41 Very truly yours, LEONARD, STREET AND DEINARD Steven D. DeRuyter t-