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11/19/1985 - City Council RegularAGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL NOVEMBER 19, 1985 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES P.( III. 6:40 - METROPOLITAN COUNCIL REPRESENTATIVE/MARY MARTIN P.3 IV. 6:45 - DEPARTMENT HEAD BUSINESS A. Fire Department B. Police Department V. 6:55 - CONSENT AGENDA p. y A. P • L3 G. P. I$ H. P.rS J. P./7 K. F,19 L. -%c l e C. Park & Recreation Department D. Public Works Department Personnel Items Contractor Licenses 1986 Cigarette Licenses Cigarette & Off -Sale Beer Licenses for Tom Thumb Approve Consulting Engineer's 1986 Rate Schedule Approve Excavation/Grading Permit E%13-205 (Windtree 5th Addition Project 423 -Alternate, Receive Feasibility Report/Order Public Hearing (Group W Cable) Project 458, Receive Feasibility Report/Order Public Hearing (Eagandale Center Industrial Park - Storm Sewer) Release City Interests, Cliff Road Street Easement (Lot 10, Block 3, Clearview) Final Plat Approval, Thomas Lake Place Apartments (Dominium Group) Vacation of Drainage & Utility Easements, Receive Petition/Order Public Hearing (Town Centre 70) Project 467, Receive Petition/Order Public Hearing (Wescott Road - Street and Utilities) VI. 7:00 - PUBLIC HEARINGS P.a 0 A. Public Hearing to Consider Multifamily Housing Revenue Bonds in the Amount of $10,000,000 for Thomas Lake Place Apartments (Dominium Group) P•as B. Public Hearing, Project 459R, Brittany 9th Addition (Streets & Utilities) Tollefson Builders C. Public Hearing for Preliminary Plat, Town Centre 70 -Phase II P y�o (Federal Land Company) for a Commercial Shopping Center, Located in Part of the NW 1/4 of Section 15, SE Quadrant of Pilot Knob and Yankee Doodle. VII. OLD BUSINESS VIII. NEW BUSINESS P.S q A. Conditional Use Permit (Norm Poquette) for an On -Site Apartment & Zero Lot Line Variance for a Mini Storage on 1.7 Acres, Lot 2, Block 1, Cedar Industrial Park Located in the SW 1/4 of Section 17, Seneca Road. P•s9 B. Conditional Use Permit (Diane Hawkins) for an In -Home Beauty Salon Located in an Agricultural District in Part of- the SE 1/4 of the NW 1/4 of Section 36, Dodd Road. p-U'� C. Conditional Use Permit (Don Klober) for a Business Advertising Sign for Century 21 Located on Lot 2, Block 2, Century Addition in Part of the SW 1/4 of Section 9 Q.7D D. Conditional Use Permit (Tollefson Builders, Inc.) For an Extension of a Temporary Model Home in Brittany 1st Addition, Lot 4, Block 2, Located in Part of the SW 1/4 of Section 33. E. Conditional Use Permit (Driscoll Miller Investment, Inc.) for On -Sale Wine & Beer at Slicers Pizza, Lot 1, Block 2, Cedar Cliff Commercial Park Addition Located in Part of the SE 1/4 0� Section 30 I%. ADDITIONAL ITEMS 80A. Contract 85-26, Receive Bids/Award Contract (Wells #8 & #9) P.QYB. Contract 85-27, Receive Bids/Award Contract (Eagandale Court - Streets & Utilities) X. VISITORS TO BE HEARD (for those persons not on the agenda) X.I. ADJOURNMENT • E MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM:` CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 15, 1985 SUBJECT: AGENDA INFORMATION After approval is given to th Council minutes, November 12 between the City Council and after approval of the agenda Council meeting, the following tion: e November 4, 198 special minutes of Advisory Planning for the November items are in order P 1,2 - 5, regular City Joint Meeting Commission, and 19, 1985, City for considera- Our Metropolitan Council representative, Mary Martin, has approached Mayor Blomquist about issues that are pertaining to barge movement on the Minnesota River and metropolitan impact relating to the proposed mega -mall to be located in the city of Bloomington. Mayor Blomquist suggested that Metropolitan Council representative Martin appear at the next regular City Council meeting and share the information regarding those issues with the City Council. Other questions relating to the Metropolitan Council would certainly be in order at the time Mary appears at the meeting on Tuesday. For additional information regarding Metropolitan Council repr-e- sentative Martin's appearance, refer to the attached letter found on page oti . There is no official action known a to be discussed by Metropolitan Council L J t this time for representative M the items artin. 3630 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 November 14, 1985 MARY MARTIN METRO COUNCIL REP 1102 GRAND AVE ST PAUL MN 55101 0IDear Mary: BEA BLOMQUIST' MMM THOMAS EGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER Counci Memaea THOMAS HEDGES City Ad riistrata EUGENE VAN OVERBEKE City Clete Our next regular City Council meeting is scheduled for Tuesday, November 19, at 6:30 .p.m. At the request. of Mayor Blomquist, you are scheduled early in the agenda at approximately 6:40 p.m. Apparently, the Metropolitan Council has been reviewing an issue relating to barge traffic on the Minnesota River and also the MegaMall proposal for the City of Bloomington. Your comments on both of these issues, along with any other matters being con- sidered by the Metropolitan Council, would be most helpful to our City Council. Please let me know if this timetable causes any problem for your schedule; otherwise, we will look for you on Tuesday, November 19. Sincerely, Thomas L. Hedges City Administrator TLH/kf THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Agenda Information Memo November 19, 1985, City Council Meeting Page Two DEPARTMENT HEAD BUSINESS A. FIRE DEPARTMENT There are no items to be considered under Fire Department at this time. B. POLICE DEPARTMENT; There are no items to be considered under Police Department at this time. C. PARKS & RECREATION DEPARTMENT • There are no items to be considered under Parks & Recreation Department at this time. D. PUBLIC WORKS DEPARTMENT There are no items to be considered under Public Works Department at this time. 10 Agenda Information Memo November 19, 1985, City Council Meeting Page Three There are thirteen (13) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. Personnel Items -- 1. Police Officer Lori Tripp is requesting a leave without pay for a period of more than 30 days. Officer Tripp is on a medical leave and as soon as her sick leave terminates, it will be necessary to activate the leave of absence according • to the Personnel Policy and Police Association Contract. Since the term of the medical disability is uncertain and her approval to return to full police officer work must be determined by her doctor, the following motion is suggested: ACTION TO BE CONSIDERED ON THIS ITEM: To approve a leave of absence beyond 30 days due to a medical disability for Officer Lori Tripp and, further, that the leave of absence will continue for such a period until her doctor declares in writing to the City of Eagan her ability to resume duties as a police officer. Special Note: The leave of absence will be activated once Officer Tripp's bank of sick leave is used. According to the Personnel Ordinance and Union Contract, any leave of absence exceeding 30 days must be approved by the City Council. 2. The City of Eagan is required by OSHA regulations to implement an ongoing hearing conservation program. Because the city of Bloomington has already developed such a' program using their own health personnel, the City of Eagan contracted with that community to implement such a program for all Eagan personnel during 1984/1985. Last year, the cost to the City of Eagan was $900 plus an additional cost of $35 per employee over 20 employees who participate in the program. Now that the program has been established, there is a cost reduction to our City. The total cost .to Eagan for 1986 is $800 which includes the following components: 1. Planning. 2. Eagan hearing program review and update. 3. Field work and posting which is the equipment noise measurement data analysis. 4. Eagan employee education. 5. Employee screening.. 6. Educational materials. 7. Audiologist consultation. r Agenda Information November 19, 1985, Page Four Memo City Council Meeting In order to continue compliance with the hearing conservation program, it is recommended that the City continue this service through the city of Bloomington. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize execution of agreement with the city of Bloomington in the amount of $800 to continue- the hearing conservation program services for City of Eagan employees. CONTRACTOR LICENSE B. Contractors License -- The following is a list of contractors who are renewing or who have been selected and retained as the builder by a customer either living in or planning to reside in Eagan. These contractors have references from other munici- palities or their client permit applications are awaiting City Council anoroval for a contractor license. General Contractors 1. Globe Builders, Inc. 2. Richardson Construction 3. Al Sieben Construction Plumbers 1. H.I.H. Plumbing Company, Inc. 2. Money-Ridler Plumbing & Heating 3. Bruce Nelson Plumbing 4. Nova Frost, Inc. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the contractor license as presented. 1986 CIGARETTE LICENSE C. 1986 Cigarette License. -- Administrative Assistant Witt has prepared the 1986 cigarette license renewals. There are now 45 vendors responsible for approximately 75 cigarette machines throughout the City of Eagan. The annual fee of $25 per machine is in effect. For a copy of those license renewals, refer to pages. .# through _. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1986 cigarette license renewals as presented. - Airliner Motel Jack L. Hulbert Brooks Superette Pui Man Wong A & J Enterprises 4225 Cedar Ave. S 2788 Hwy 55 6943 Washington Ave. S Eagan, MN 55122 Eagan', MN 55121 Minneapolis, MN 55435 Michael Benson North Country Vending 9895 180th St. West Lakeville, MN 55044 Cedarvale Liquor Applebaum Companies 3900 Beau d'Rue Dr Eagan, MN 55122 Viking Pioneer 5200 West 74th St. Edina, MN 55435 Carbone's Pizza 1665 Yankee Doodle Rd Eagan, MN 55121 Kreager Vending 1340 Charlton St West St. Paul, MN 55118 Twin City Vending 1065 East Hwy 36 St. Paul, MN 55109 00 untry Club Market Tom MacIntyre 000 France Ave. S. 6273 Sumter Ave. N St. Louis Pk, MN 55416 Brooklyn Park, MN 55428 ATTN: Harold Rehaume RobMar Enterprises, Inc. 5010 Circle Downs Golden Valley,MN 55416 Theisen Vending 3804 Nicollet AVe. S. Minneapolis, MN 55409 Peter Kortinakis 6004 Lower 131st St Apple Valley, MN -55124 Jan's Cafe 3150 Dodd Road Eagan, MN 55121 Mediterranean Cruise Hussein Ansari 3945 Sibley Mem. Hwy Eagan, MN 55122 Hanna Nasr, Mr. Donut 3808 Sibley Memorial Hwy Fagan, MN 55122 Donaldson Co. Inc. P.O. Box 1299 Bloomington, MN 55440 Eagan Servicecenter 4195 Nicols Rd EAgan, MN 55122 Tiziano Fontanive TML Coin Operated Machine P.O. Box 35744 Edina, MN 55435 Jerry Lehmann's Cafe 2805 Hwy 55 EAgan, mN 55121 Mendota Skelly . 3150 Dodd Road Eagan, MN 55121 Harold Awe Co. i (D 1372 Scheffer 60 St. Paul, MN 55116 D.V.M. Inc. 119 State St. St. Paul, MN 55107 Advance Carter 850 Decatur Ave. North Minneapolis, MN 55427 Servomation Corp. 7490 Central Ave. NE Fridley, MN 55432 Diamond T Ranch 4889 Pilot Knob Road Eagan, MN 55122 Durnings 4625 Nicols Rd. EAgan, mN 55122 Eagan Standard 4205 Nicols Rd Eagan, MN 55122 House of Wing Wing Seto 4030 Cedarvale Dr Eagan, MN 55122 LaFonda de Acebo 3665 Sibley Memorial HWN EAgan, MN 55122 ARA Food Services 2830 N. Fairview St. Paul, MN 55113 Donald Larsen 7710 Penn Ave. S Richfield, MN 55423 PDQ Perkins Cake & Steak Q Petroleum James Shelton 3840 Sibley Mem Hwy 8148 Pillsbury Ave. S. 607 E 77th St. Minneapolis, MN 55423 Eagan, MN 55122 Minneapolis, MN 55420 Interstate United 1091 Pierce Butler Rte St. Paul, MN 55104 Starks Saloon 3125 Dodd Road Eagan, MN 55121 ARA Services 3333 Pilot Knob Road Eagan, MN 55121 Sinclair Marketing, Inc 3946 Cedar Ave. S Eagan, MN 55122 Superamerica 1240 W. 98th St. Bloomington, MN 55431 ATTN: Kathy Yankee Drug & Gift Richard Matuseski 1446 Yankee Doodle Rd Eagan, MN 55121 7 Snyder Drug, Inc. 14525 Highway # 7 Hopkins, MN 55343 Tom Thumb Wallace Pettit 9968 160th St. E. Hastings, MN 55033 Drugs Plus 2119 Cliff Road Eagan, MN 55122 ATTN: Linda Skartvedt • Agenda Information Memo November 19, 1985, City Council Meeting Page Five CIGARETTE & OFF -SALE BEER LICENSE FOR TOM THUMB D. Cigarette & Off -Sale Beer License for Tom Thumb -- The Tom Thumb Grocery located at 2125 Cliff Road is requesting a cigarette and off -sale beer license for their new store. Captain Geagan, of the Eagan Police Department, has reviewed the beer license application and finds no public safety reason for denial. For a copy of those license applications, refer to pages __q_ through _/V__ ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the cigarette and off -sale beer license for the new Tom Thumb store to be located at the west end of the Cedar Cliff Shopping Center. • • 3830 Pilot KNob Road CITY OF EAGAN 454-8100 P. O. Box 21-199 APPLICATION FOR LICENSE Eagan, MN 55122 I, %{e R8 Rr / O.r/ hereby make application for ciGARErTf// License for the year /�gS fromtheCity of Eagan. %m Tu MO hto0 AURKE75. jive. ` '''• //0 E /7• UnT/. ,�/ /^ .rfo33 �• TM -7 u.NIB fano Mxr. `~M` � 2/aS lid%FP /COAD 4t-.25-9 LAGAN MN (�lz� If corporation or partnership: Name & address of partners or corporate officers:/ �iJR"ACE Yer7-jr !%ien•O Knna MAI iiws Municipalities presently licensed: &RNsrjG,F , In/veR 6ROVE f%/eHTs e7C Municipalities which have denied licenses to applicant: AIO,ve •IMIM.N.NNIN• : n a• •a CHECK CORRECT BLANK 1. PLUMING & CESSPOOL INSTALLER & MN Master Plumbers License # OUTSIDE SEWER & WATER CONNECTIONS $2000.00 Bond & Certificate of Insurance. State Insurance No. State Bond No. 2. WATER SOFTNER LICENSE State Water Cond. Contractors License Number $2000.00 Bond & Certificate of Insurance. 3. WELL DRILLERS LICENSE MN State License # $2000.00 Bond & Certificate of Insurance. RUBBISH HAULERS LICENSE q. $40.00 First Truck, 20.00 each additional - truck. $2000.00 Bond & Certificate of Insurance. ENCLOSE SCHEDULE OF RATES ALSO. 5`(( CIGARETTE LICENSE $25.00 a year each machine. NUMBER OF MACHINES - ooar ce...iw- KENNEL LICENSE 5 $50.00 Initial & $25.00 Renewal. Make check payable to: CITY OF EAGAN. Licenses are issued for a one (1) year period and there is NO PRORATED FEE on any license. Licenses will be issued to individuals or firms who are qualified for the particular license applied for. Failure to provide . true and correct information shall constitute a violation of the ordinance in question and in addition to the penalties prescribed for violation of the ordinace in question, the license of any applicant may be revoked. OFFICE USE ONLY: LICESE NO. DATE ISSUED: .74 4.1 MFn �i ♦ �~ Y L _I a i 1 [ - }'j , y� y 'Ct o fYyA�+�+ 4 1 x�t�,r, a .' %Y ` . • . r+ .�, - r i�a r.. -0] i� V `°� fir, �+�, '. TOTAL FEE A�D,o0 RECEIPT NO. PREPARE IN DUPLICATE CITY OF EAGAN 3830 Pilot Knob Road EAGAN, MINNESOTA 55122 APPLICATION FOR NON - PLEASE PRINT APPLICANT /(OCH. Ne,23ERr LAST ^^ FIRST MIDDLE ADDRESS /q cF S tYS TIL R NO STREET "� 14AsrrNGs /j/%/y d'fo 33 CITY STATE ZIP PHONE �/� - 3 z a a BIRPFIDATE 3 - /S - •2(v FIRM NAME.73/✓-7;am i FOOD NM,qR/CCT ADDRESS -�/,�S [D�iFF ROAD STREET NEW RENEWAL LICENSE NO. MALT LIQUOR LICENSE DATE /O -.�94 OWNERS NAME -ro-m �'Huma )Coop N)ARKETS, rite. LAST FIRST MIDDLE ADDRESS //p E /7yR �. STREET #,gsriNGs /J�/V rsa33 CITY STATE ZIP PHONE W: US N91: �Gu1S ADDIESS STREET EAG?IV MN .rraa CITY STATE ZIP CITY STATE ZIP• PHONE H5 y - q 86 F PHONE BIRTHDATE PLEASE CHECK ----------ON SALE OFF SALE x HEREBY APPLIES FOR NON -INTOXICATING LIQUOR LICENSE FOR THE-4y�L YEAR FRU-1 // — — S'.S TO /.t . EVENT: Month Date Month Date ARE YOU THE ACTUAL PROPRIETOR? YES ()0 NO ( ) LOCATION: ,1/,2.5 GcirF RLQ ADDRESS ARE YOU THE OWNER OF THE PROPERTY OF THE BUSINESS LOCATION? YES ( ) NO (X) HAS ANY CIPHER LICENSE OF THIS KIM BEEN GRANTED TO YOU? YES (K) NO ( ) WHERE (/ARious ARE YOU A CITIZEN OF THE UNITED STATES? YES (X) NO ( ) City,Year ARE YOU A REGISTERED VOTER? YES (X) NO ( ) CITY fiAsriii/Gs� /YIN HAVE YOU EVER BEEN CONVICTED? YES ( ) NO (A) CITY (Other than a-traffic.offense) If joint amership or if a silent partnership is involved, specify couplete names, dates of birth, addresses and telephone number for everyone concerned. YES (X) NO ( ) If YES, please list on the back or on separate sheet, all the information recuired. I HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MADS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARNESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING -FROM THE GRANT OF THIS 3.2 BEER LICENSE. I (we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOSTATIT7ENPS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. AUTHORIZED SICkRTURE x Z. //,1 " FOR CITY ONLY POLICE APPROVAL: YES } NO ( ) SIGNED kADATED CITY COUNCIL APPROVAL: YES ( ) NO ( ) SIGNED DATED O f Agenda Information Memo November 19, 1985, City Council Meeting Page Six CONSULTING ENGINEER'S 1986 RATE SCHEDULE E. Approve Consulting Engineer's 1986 Rate Schedule -- We have received a request for approval of the proposed 1986 rate for engineering services from the consulting firm of Bonestroo, Rosene, Anderlik & Associates, Inc. The 1986 schedule quotation "B" to our ongoing agreement for professional services is enclosed on pageindicating an approximate 5% increase over the existing 1915-9—schedule. ACTION TO BE CONSIDERED ON THIS ITEM: of consulting engineering services. 0 To approve the 1986 schedule SCHEDULE B 1986 CLASSIFICATION HOURLY RATE 1985 1986 8 INC. Principal Engineer $47.25 $49.50 4.8 Registered Engineer 42.75 45.00 5.3 Graduate Engineer & Field Supervisor 34.25 36.00 5.1 Senior Draftsman N/A 33.50 N/A Senior Technician 28.50 30.00 5.3 • Technician 21.00 22.00 4.8 Word Processor 21.50 22.50 4.7 Clerical 16.25 17.00 4.6 Attendance at Regular Council Meetings 40.00 40.00/Mtg. 0 REIMBURSABLE EXPENSES Reproduction, Printing, Duplicating • Out -of -Pocket Expenses such as Meals, Lodging, Stakes, Telephone Calls, Etc. Mileage At Invoice Cost At Actual Cost $0.20/Mile /A_ Agenda Information November 19, 1985, Page Seven Memo -City Council Meeting EXCAVATION/GRADING PERMIT/WINDTREE 5TH ADDN. F. Approve Excavation/Grading Permit EX13-205 (Windtree 5th Addition) -- We have received an application for an excavation/ grading permit for the area proposed to be platted as the Windtree 5th Addition. All application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. - ACTION TO BE CONSIDERED ON THIS ITEM: To approve Grading Permit EX13-205 (Windtree 5th Addition). • FEASIBILITY REPORT/PUBLIC HEARING/GROUP W CABLE G. Project 423 -Alternate, Receive Feasibility Report/Order Public Hearing (Group W Cable) -- On November 20, 1984, the public hearing was held to discuss the proposed street improvements to service the Group W Addition. After considerable discussion pertaining to the extent of proposed improvements and the impact on the adjacent undeveloped property to the south, the Council directed an alternate be prepared to- discuss the full street improvement across the frontage of the Group W Addition and that the property owners to the south be properly notified of their proposed revision. On July 2, 1985, a second public hearing was held to discuss the proposed improvements and the resulting associated assessments to the, benefitted properties. On August • 20, 1985, the Council approved the detailed plans and specifications and authorize the advertisement for the bid opening which was subsequently held on September 13, 1985. In analyzing the bids received, it was discovered that the estimated cost would be approximately 31% higher than those presented in the feasibility report discussed at the approving public hearing. Based on the City policy of not awarding the contract when bids reflect a greater than 158 increase over the estimated feasibility report, the staff proceeded to contact all potentially affected property owners to see if a new public hearing would be desired to discuss the identified increases in the estimated cost. In performing a detailed review of the original public hearing notification list and the impact of the increased cost, it was discovered that there was an error in identifying the correct owner of one of the affected parcels. /3 Agenda Information Memo November 19, 1985, City Council Meeting Page Eight Subsequently, in order to protect the public improvement special assessment process, it is recommended that a new public hearing be held to insure that all affected property owners receive the proper notification of the public hearing necessary to proceed with the proposed improvement. Therefore, staff is recommending that a new public hearing be held where the revised cost estimates can incorporate the actual bids received and affected property owners can provide additional input as necessary. ACTION TO BE CONSIDERED ON THIS ITEM: Schedule a new public hearing to be held for Project 423 (Group W Addition - streets) for December 17, 1985. u FEASIBILITY REPORT/PUBLIC HEARING/EAGANDALE CTR INDUSTRIAL PARK H. Project 458, Receive Feasibility Report/Order Public Hearing (Eagandale Center Industrial Park - Storm Sewer) -- In response to a petition received from the developer of the Eagandale Center Industrial Park 7th Addition, the Council authorized the preparation of a feasibility report for the installation of additional trunk storm sewer facilities to handle the increased run-off generated by the development within the overall Eagandale Center Industrial Park. This feasibility report has now been completed and is being presented to the Council for their review in consideration of scheduling the public hearing to be held on December 17, 1985. Due to the fact that this proposed additional storm sewer installa- tion will supplement the existing storm sewer system within • the Industrial Park, it creates a situation which requires special attention pertaining to assessments against existing developed property within the benefitted drainage area, which has been using the present system for the past 15+ years, as compared, to the undeveloped vacant land which will not be allowed to develop without this additional storm sewer system due to limiting capacities in the existing system. The Public Works. Director and City Attorney would like to discuss the proposed method of assessments in relationship to City policy in order to minimize any potential appeal that may be generated. from this public improvement. If the Council feels that it would be appropriate to discuss this at the time of presenting this feasibility report, this item should be pulled from the Consent Agenda and discussed in further detail.- If the Council /I/ Agenda Information Memo November 19, 1985, City Council Meeting Page Nine feels that it would be more appropriate to discuss assessment alternatives at the public hearing on December 17, this item can be approved as presented. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 458 (Eagandale Center Industrial Park - storm sewer) and schedule the public hearing to be held December 17, 1985. RELEASE CITY INTERESTS. CLIFF RD STREET EASEMENT I. Release City Interests, Cliff Road Street Easements (Lot • 10, Block 3, Clearview Addition) -- We have received a request from the owner of the above -referenced lot to release any interests the City may have in the existing 25' slope easement to Dakota County presently on record. Although this easement is a County easement, the County will not proceed with the required vacation without receiving a release of interest from the City which can be granted without a formal public hearing process. A review of this easement by the Public works Department reveals no need for its retention for any City purpose. ACTION TO BE CONSIDERED ON THIS ITEM: Release all City interests in the existing County easement across Lot 10, Block 3, Clearview Addition. • FINAL PLAT APPROVAL/THOMAS LAKE PLACE APARTMENTS J. Final Plat Approval, Thomas Lake Place Apartments (Dominium Group) -- We have received a request for final plat approval for the above -referenced subdivision. All conditions placed on the preliminary plat approved by Council action on June 4, 1985, have been complied with in this final plat application. Based on the concerns raised by the affected neighboring property owners, a neighborhood meeting was held on July 23, 1985, to review the final grading and site plans prior to this final plat application. In addition, all final application materials have been submitted-, reviewed by staff and found to be in order for favorable Council action. A copy of the final plat is on page. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Thomas Lake Place Apartments and authorize the Mayor and City Clerk to execute all related documents. /S 0 0 THOMAS LAKE PLACE �r IL .Sim'"J•.r'�J"6Ys..n •n -- �. -•sr y. d x[r �• ;un fri J�fp rRltl I- " "9 I 3 A''- 2 ,z , it•. I • • I &!�; vt 1,.,,. � : � i � .o'� . g i ga tom." � ; � 1 . .I � ��• /g /;g a ,\' r• • ZY ,. s+i6om '��' ' /�m^ •�pgw55% "'" , i ! ± _l l - f _ e'•++ a ✓ [ ePm, 4�ro u q i arc/ O ''�sr:._�✓.' SSA''��' / / •• ��S•�.:� I � / I R� V 1 eL 5 6 1�� o ".✓-.� a `bvslxm ln..rm. °VZ�'°� \ 1 A2�M,.m..�. I ,w� IVj aI <. i YvomJV ai�`m`.m Jum.vn SCHOELL a MADSON , INC. ( N O I N C C n B • B U R V E v 0 N 8 T-�r-- �I we.. w.. .vP.n a•wM1 ^W+41 r. .. • • Agenda Information November 19, 1985, Page Ten Memo City Council Meeting VACATION OF DRAINAGE/UTILITY EASEMENTS/PETITION/PUBLIC HEARING TOWN CENTRE 70 K. Vacation of Drainage & Utility Easements, Receive Petition/ Order Public Hearing (Town Centre 70) -- with the proposed replat- ting of Lot 1, Block 1, and the adjacent outlot of the Town Centre 70 Addition to accomodate the proposed shopping center development, it is necessary to vacate some of the existing drainage and utility easements that were dedicated over the common lot lines to facilitate a shift in these lot lines with the replatting, which will, be considered by Council action under Public Hearings, Item C. A map is enclosed on page ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition requesting a vacation of drainage and utility easements in Town Centre 70 and schedule the public hearing to be held on December 17, 1985. 17 0 TOWN CENTRE 70 FIRST ADDITION a N•V 4'V LL 0 t.T,• • e. a o -un "• CY •.v 6 T. eu,La, e 'a �' �' t' 41 �I •: .l L...N a LOY BLOC. 1 • — �'' • ', euTwT e a N•V 4'V LL 0 t.T,• • e. a o -un • Agenda Information Memo November 19, 1985, City Council Meeting Page Eleven PROJECT 467/ORDER PUBLIC HEARING/WESCOTT ROAD L. Project 467, Receive Petition/Order Public Hearing (Wescott Road - Street and Utilities) --We have received a petition from the developer of the Lexington Square subdivision (Northland Mortgage) and Dave Gabbert requesting the upgrading of Wescott Road from Lexington Avenue for approximately 1/2 mile to the east (high power transmission line crossing). Both petitioners have guaranteed all costs associated with the preparation of this feasi- bility report if for some reason it is not approved at the time of the public hearing. Presently, Mr. Gabbert is processing an application through the Planning Commission for the development of a 40 acre parcel (SE 1/4 of SW 1/4, Section 14) which would require the upgrading of Wescott Road to provide City standards for access of streets and utilities to the subdivision. In addi- tion, before Lexington Square can continue with future phase de- velopments, it will also require the upgrading of Wescott Road. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 467 (Wescott Road - Streets and Utilities) and authorize the preparation of a feasibility report. /9 Agenda Information Memo November 19, 1985, City Council Meeting Page Twelve THOMAS LAKE PLACE MULTIFAMILY HOUSING REVENUE BONDS A. Public Hearing to consider Multifamily Housing Revenue Bonds in the amount of $10,000,000 for Thomas Lake Place Apartments (Dominion Group) - A public hearing is scheduled to consider a Multifamily Housing Bond request by the Dominion Group for the Thomas Lake Place Project. The request for financing is $10,000,000 for the construction of a 238 unit multifamily rental development adjacent to Thomas Lake. Each building will have one level of precast/masonry parking located below finished grade. Above the parking, each building will have a wood frame construction of residential units. The exterior of the building • will be predominantly brick and an asphalt shingle pitch roof. Amenities according to the application include an outdoor pool, Jacuzzi, party rooms, saunas, exercise rooms and other related facilities. 208 of the units in the project will be occupied by tenants whose incomes are not greater than 808 of the area median income. It is estimated that initial rents for the housing units will range from $515 per month to $670 per month. The anticipated date of initial occupancy is January 1, 1987. All platting and other land use requirements have been met according to the City requirements. For a copy of the program developed by the City's housing program administrator Miller and Schroeder Municipals, Inc, refer to that document found on pages L through �V. ACTION TO BE CONSIDERED OF THIS ITEM: To approve or deny the Multifamily Housing Bond Program request for the Thomas Lake Place Project in the amount of $10,000,000. • 'A 0 x ; PROGRAM FOR THE CONSTRUCTION OF A MULTIFAMILY HOUSING DEVELOPMENT Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Eagan (the "City") has been authorized to develop and administer programs of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City or by a housing and redevelopment authority authorized to act on behalf of the City. The City has received a proposal from Jack Safar, David Brierton and Dominium Group that, pursuant to the authority found in the Act, the City approve a program providing for the acquisition of land and construction of approximately 228 units of residential rental housing ("Housing Units") by a Minnesota limited partnership to be formed in which Jack Safar, David Brierton and Dominium Group will be general partners (the "Developer"), located in an area in the City bounded by the High Line Trail on the North, Thomas Lake Road on the West, Thomas Lake • on the South and Thomas Lake Park on the East (the "Project"). The acquisition of land and construction of the Project is to be funded through the issuance of up to $10,000,000 in revenue bonds issued either by the City or by The Dakota County Housing and Redevelopment Authority (the "Authority") on behalf of the City (the "Bonds"). Following construction of the Project, the Developer will own and operate the Project as a multifamily residential rental project. Twenty percent (20%) of the units in the Project will be occupied by tenants whose incomes are not greater than eighty percent (80%) of the area median income. It is estimated that initial rents. for the Housing Units will range from $515 per month to $670 per month. The anticipated date of initial occupancy is January 1, 1987. The City, in establishing this multifamily housing program (the "Program"), has considered the information contained in the City's 462C Housing Plan (the "Housing Plan"). The Project will be constructed and financed pursuant to. Subdivisions 1 and 2 of Section 462C.05 of the Act. Section A. Definitions. The following terms used in this Program shall have • the following meanings, respectively: (1) "Act" shall mean Minnesota Statutes, Section 462C.01, et seq., as currently in effect and as the same may be from time to time amended. (2) "Adjusted Gross Income" shall mean gross family income less $750 for each adult and less $500 for each other dependent In the family. (3) "Authority" shall mean The Dakota County Housing and Redevelopment Authority. (4) "Bonds" shall mean the revenue bonds to be issued either by the City or by the Authority, on behalf of the City, to finance the Program. (5) "City" shall mean the City of Eagan, State of Minnesota. (6) "Developer" shall mean a Minnesota limited partnership to be formed in which Jack Safar, David Brierton and Dominium Group will be general partners. (7) "Housing Plan" shall mean the City of Eagan 462C Housing Plan, as amended, setting forth certain information required by the Act. (8) "Housing Unit" shall mean any one of the apartment units located in the Project, occupied by one person or family, and containing complete living facilities. (9) "Issuer" shall mean the City unless the City by resolution designates the Authority as the issuer of the Bonds. (10) "Land" shall mean the real property upon which the Project is situated. (11) "Program" shall mean the program for the financing of the Project pursuant to the Act. (12) "Project" shall mean the residential rental housing • development consisting of approximately 228 market rate Housing Units to be constructed by the Developer on the Land. Section B. Program For Financing the Proiect. It is proposed that the City establish this Program to provide financing for acquisition and construction of the Project at a cost and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the Issuer, the initial purchaser of the Bonds and the Developer. To do this, the City expects the Issuer to issue the Bonds as soon as the terms of the Bonds have been agreed upon by the Issuer, the Developer and the initial purchaser of the Bonds. The proceeds of the Bonds will be loaned to the Developer for construction and financing of the Project, the funding of any appropriate reserves and for paying the costs of issuing the Bonds. It is expected that a trustee will be appointed by the Issuer to monitor the construction of the Project in accordance with the Plan and Program and the payments of principal and interest on the Bonds. The cost of any additional security devices for the Bonds will be borne by the Developer and payable in • addition to the principal and interest on the Bonds. It is contemplated that the Bonds shall contain a maturity of approximately twelve (12) years and will be priced to the market at the time of issuance. The City will hire no additional staff for the administration of the Program. Insofar as the Issuer will be contracting with underwriters, legal counsel, bond counsel, the trustee, and others, all of whom will be reimbursed from bond proceeds and revenues generated by the Program, no administrative costs will be paid from the Issuer's budget with respect to this Program. The Bonds will not be general obligation bonds of the Issuer, but are to be paid only from properties pledged to the payment thereof, which may include additional security such as additional collateral, insurance or a letter of credit. a a.- Section C. Local Contributions To The Program. It is not contemplated that the City or the Authority will provide other financial incentives to the Developer in conjunction with the Project. Section D. The following standards and requirements shall n of the Project,by_the Developer pursuant to (1) Substantially all of the proceeds of the sale of the Bonds will be used to provide funds for the acquisition and construction of the Project and to provide for appropriate reserves. The funds will be made available to the Developer pursuant to the terms of the Bond offering, which may include certain covenants to be entered into between the Issuer and the Developer. (2) The Developer or subsequent owner of the Project, will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with • regard to public assistance or disability. (3) No Housing Unit may be in violation of applicable zoning ordinances or other applicable land use regulations, including any urban renewal plan or development district plan, and including the state building code as set forth under Minnesota Statutes, Section 16.83, et seq. (4) Pursuant to Section 462C.05, Subdivision 2 of the Act, at least twenty percent (20%) of the Housing Units will be held for occupancy by families or individuals with Adjusted Gross Income not in excess of eighty percent (80%) of the median family income as estimated by the. United States Department of Housing and Urban Development for the Minneapolis - St. Paul metropolitan statistical area. (5) Pursuant to Section 462C.05, Subdivision 2 of the Act, the Project shall be designed to be affordable by persons and families with • Adjusted Gross Income not in excess of the greater of (a) 110 percent of the median family income as estimated by the United States Department of Housing and Urban Development for the Minneapolis -St. Paul standard metropolitan area or (b) 100 percent of the income limits established by the Minnesota Housing Finance Agency for the City and by other persons and families to the extent determined to be necessary by the Issuer in furtherance of the policy of economic integration. Subsection E. Evidence of Compliance. The Issuer may require from the Developer or such other person deemed necessary at or before the issuance of the Bonds, evidence satisfactory to the Issuer of the ability and intention of the Developer to complete the Project, and evidence satisfactory to the Issuer of compliance with the standards and requirements for the making of the financing established by the Issuer, as set forth herein; and in connection therewith, the Issuer or its representatives may inspect the relevant books and records of the Developer in order to confirm such ability, intention and compliance. In addition, the Issuer may periodically require certification from either the Developer or such A3 other person deemed necessary concerning compliance with various aspects of the Program. Subsection F. Issuance of Bonds. To finance the Program authorized by this Section, either the City or the Authority, on behalf of the City, may by resolution authorize, issue and sell its Revenue Bonds in an aggregate principal amount up to $10,000,000. The Bonds shall be issued pursuant to Section 462C.07, Subdivision 1 of the Act, and shall be payable primarily from the revenues of the Program authorized by this Section. The proceeds of the Bonds are presently expected to be applied to the following costs of the Project: $ 512,000 Land acquisition 9,000,000 Construction Costs Costs of Issuance 325,000 (including underwriter's discount) $9,837,000 Total The costs of the Project may change between the date of preparation of this program and the date of issuance of the Bonds. The Bonds are expected to be • issued in December of 1985. Subsection G. Severability. The provisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Subsection H. Amendment. The City shall not amend this Program while Bonds authorized hereby are outstanding, to the detriment of the holders of such Bonds. Subsection I. State Ceiling. No portion of the state ceiling for qualified mortgage bonds allocated pursuant to Section 103A of the Internal Revenue Code of 1954, as amended, and Section 462C.09, Subd. 2a, of Minnesota Statutes will be needed for this Program. Received by the Metropolitan Council this 1985, by: Title: a day of • Agenda Information November 19, 1985, Page Thirteen Memo City Council Meeting BRITTANY 9TH ADDITION/STREETS & UTILITIES B. Public Hearing, Project 459R, Brittany 9th Addition (Streets & Utilities) -- On October 1, 1985, a public hearing was held to discuss the installation of streets and utilities to service the proposed Brittany 9th Addition. At that public hearing, there was considerable discussion and concern pertaining to the installation of adequate sanitary sewer facilities to service the undeveloped property (Diamond T Ranch) adjacent to the east line of this proposed subdivision. Subsequent to those comments and discussion, the Council continued the public hearing to allow a revision to the report to address the proper allocation of costs associated with the installation of sanitary sewer facilities. • This revised feasibility report was completed, presented to the City Council with the public hearing being scheduled for November 19. • The Public Works Director and consulting engineer will be available to discuss in detail any aspect of this revised report which is included on pages _Z(p through for the Council's informa- tion and review during this public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 459R (Brittany 9th Addition - streets and utilities) and, if approved, authorize the preparation of detailed and specifications. as 0 n u REPORT ON BRITTANY 9th ADDITION UTILITY & STREET IMPROVEMENTS CITY PROJECT No. 459R FOR EAGAN, MINNESOTA 1985 FILE No. 49371 /3o.se AW., I(ode wf 4044" 9 4d"4&.&&.p Yom ea.,dull/a,y �'.rgt.rePne st /bawl, MMm"ata a(p /J 4,de'*4-4 & 4, 2335 V `%n...i .4.9A .ay 36 rsl. P...L, Af'" 55113 Pao...: 612 - 636-4600 October 2, 1985 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55121 .9mc. Glenn R. Cook. A.E. Kedh A. Gordon. P.E Thomas E. Novo, P.E. Ri[haM 11% Pour-, P E. Roben G. S[hun'[hr, P.E. Flanln L. Sarrala, AE. Donald C. Bugordl, P.E. Jerry A. Bourdon, P.E. Mark A. Daman, P.C. Ted K. field. P.E. Mwhael T. Rmnn...... P.E Robyn R. Pfefferle. P.E. Da.m G. L.kora. P.E. Char/ea A. En[kror. Lea M. Pouehky Harlan A/. Dhon Re: Brittany 9th Addition Project 4598 Our File No. 49371 Dear Mayor and Council: Transmitted herewith is our revised report for Brittany 9th Addition, Project 4598. This report covers sanitary sewer, water main, storm sewer, and street construction and includes a preliminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. J& Thomas E. Angus TEA:li I hereby certify that this report was prepared by me or under my. direct supervision and that I am a duly Registered Professional Engineer under the laws of the Stat� of A*nnesota. Mark A. Hanson Date: October 2, 1985 Reg. No. 14260 i J Approved by: �'L a.�, al Department of Pu R Works Date • /C M'e, / 0548d a7 • • OuoQ Bmauno. P.E. � Roberr N'. Rmene. AE J Jmeph C. Andedik, P E. Brod,nrd A I eniheig. P.E. RI[hmd E. Tumn. P E. Jumn C Man, P.E. Glenn R. Cook. A.E. Kedh A. Gordon. P.E Thomas E. Novo, P.E. Ri[haM 11% Pour-, P E. Roben G. S[hun'[hr, P.E. Flanln L. Sarrala, AE. Donald C. Bugordl, P.E. Jerry A. Bourdon, P.E. Mark A. Daman, P.C. Ted K. field. P.E. Mwhael T. Rmnn...... P.E Robyn R. Pfefferle. P.E. Da.m G. L.kora. P.E. Char/ea A. En[kror. Lea M. Pouehky Harlan A/. Dhon Re: Brittany 9th Addition Project 4598 Our File No. 49371 Dear Mayor and Council: Transmitted herewith is our revised report for Brittany 9th Addition, Project 4598. This report covers sanitary sewer, water main, storm sewer, and street construction and includes a preliminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. J& Thomas E. Angus TEA:li I hereby certify that this report was prepared by me or under my. direct supervision and that I am a duly Registered Professional Engineer under the laws of the Stat� of A*nnesota. Mark A. Hanson Date: October 2, 1985 Reg. No. 14260 i J Approved by: �'L a.�, al Department of Pu R Works Date • /C M'e, / 0548d a7 • • SCOPE: This project provides for the construction of sanitary sewer, water main, storm sewer, and street to serve Brittany 9th Addition which contains 17 large single family lots. FEASIBILITY AND RECOMMENDATION: This project is feasible from an engineering standpoint and is in accordance with the Master Utility and Street Plan for the City of Eagan. DISCUSSION: Sanitary Sewer: Sanitary sewer to serve Brittany 9th Addition includes an 8" diameter sanitary sewer in the street as shown on the attached drawing to properly serve the abutting lots. The sanitary sewer will connect to an ex- isting manhole located at the northeast corner of Lot 13, Block 2 Brittany 8th Addition. It is proposed to install the sanitary sewer to a depth of 30 feet in the street at the easterly end of the project. This depth is greater than re- quired to serve the lots in Brittany 9th Addition but will allow for the future extension of gravity sewer into Parcel 011-75. As a result, the north- erly part and a portion of the easterly part of Parcel 011-75 will have access to gravity sewer. • Water Main: Water main to serve Brittany 9th Addition includes•a 16 inch di- ameter trunk and a 6 inch diameter lateral water main. The 16 inch trunk water main will be constructed to the north end of Sherwood Way and will be a continuation of the existing 16 inch trunk water main located at the existing easterly end of Sherwood Way. It is proposed to construct a 6 inch water main in the east/west street and southerly within the cul-de-sac street as shown on the attached drawing. Brittany 9th Addition is located in the high pressure zone. Static pres- sures will range from 73 to 93 psi and residual from 65 to 85 psi respective - Page 1. 0548d a� ly. Therefore, certain homes will require pressure reducing valves be pro- vided as part of the building permit to reduce the residual pressure below the recommended 85 psi. The costs for the PRV's will be the responsibility of the home buyer or developer. Services: Sanitary sewer and water services are proposed to be constructed 15 feet beyond the right-of-way line. Service lines are proposed to be 4 inch diameter for sanitary sewer and 1 inch diameter for water. Storm Sewer: Storm sewer proposed herein includes catch basins located at the southerly end of the cul-de-sac as shown on the attached drawing. Storm sewer will discharge into Pond LP -7 located in Dakota County Park. It is anticipa- • ted the outlet for Pond LP -7 will not be required until either Dakota County develops this portion of park or the water level in each pond reaches a flood- ing condition which could occur as additional areas tributary to these ponds develop. Because the high water elevation of Pond LP -7 is 939.7, building permits should be reviewed to insure basement elevations for buildings around the pond are a minimum of 941.7 to provide for a freeboard of 2 ft. Street: Street construction proposed herein includes constructing streets in Brittany 9th Addition to a 32 foot width and a 7 ton residential design thick-. • ness. Bituminous surfacing and surmountable concrete curb and gutter is in- cluded in conjunction with restoration of the boulevard area. It is assumed grading of the street will be done by the developer. A standard cul-de-sac with a 45 foot paved radius is proposed to be con- structed at the east end of the east/west street adjacent to Lot 6, B1 b Lot 10, B2. This will allow for turn around of maintenance equipment along with other vehicles until such time the street is extended to the east and the cul- de-sac removed. Page 2. 0548d A C/ AREA TO BE INCLUDED: CONSTRUCTION AREA AND ASSESSMENT AREA SE 1/4, SECTION 33 Brittany 7th Addn. - Outlot A (Brittany 9th Addn.) Parcel 011-75 (Jerry Thomas) COST ESTIMATE: Detailed cost estimates are presented in Appendix A located at the back of this report. A summary of these costs is as follows: Sanitary Sewer $ 54,520 Water Main 41,350 Services 14,030 Storm Sewer 13,240 • Street 65,610 TOTAL ..................... $188,750 The total estimated project cost is $188,750 which includes contingencies and all related overhead. Overhead costs are estimated at 30% and include legal, engineering, administration and bond interest. ASSESSMENTS: Assessments are proposed to be levied against the benefited properties in Brittany 9th Addition and Parcel 011-75. A preliminary assess- ment roll is included at the back of this report in Appendix B. All assess- ments will be revised based on final costs. • SANITARY SEWER: It is proposed to assess the cost of the lateral sanitary sewer equally against the 17 lots in Brittany 9th Addition. The additional costs for overdepth of sewer will be assessed against Parcel 011-75. Trunk area sanitary sewer was previously assessed as part of Project No. 137. WATER MAIN: It is proposed to assess the total cost of the lateral water main equally against the 17 lots in Brittany 9th Addition. These costs will in- clude a 6" equivalent cost for the 16" trunk water main. Costs associated with oversizing of the 16" water main will be the responsibility of the trunk Page 3. 0548d 30 fund. Trunk area water main for this area has not been assessed and is, there- fore, proposed to be assessed as part of this project. SERVICES: It is proposed to assess the cost of services equally to the 17 lots in Brittany 9th Addition. STORM SEWER: It is proposed to assess the total cost of lateral storm sewer equally to the 17 lots in Brittany 9th Addition. Trunk area storm sewer for this area has not been assessed and is, therefore, proposed to be assessed as part of this project. STREET: It is proposed to assess the total cost of street equally to the 17 lots in Brittany 9th Addition. Also, this subdivision will prepay an esti- mated cost to reconstruct the street due to the anticipated future removal of • the cul-de-sac adjacent to Lot 6, B1 b Lot 10, B2. TRUNK RATES: Trunk area rates in effect at the time of this report are as follows: TRUNK AREA Trunk Water Main Oversize Agricultural (Single family) $1,190/Acre Trunk Storm Sewer Oversize Single family $0.048/sq.ft. • REVENUE SOURCES: Revenue sources to cover the cost of this project are as follows: Proj. Cost Revenue Balance A.) SANITARY SEWER Lateral $ 54,520 Lateral Assessment $ 54,520 $ 54,520 $ 54,520 - 0 - Page 4. 0548d 31 • • B.) WATER MAIN Lateral Trunk Lateral Assessment Trunk Area Assessment C.) SERVICES Lateral Lateral Assessment D.) STORM SEWER Lateral Lateral Assessment Trunk Area Assessment Proj. Cost Revenue $ 35,630 5,720 $ 41,350 $ 14,030 $ 14,030 $ 13,240 $ 13,240 E.) STREET Lateral $ 65,610 0548d Balance $ 35,630 8,818 $ 44,448 +$ 3,098 $ 14,030 $ 14,030 - 0 - $ 13,240 15,493 $ 28,733 +$15,493 Future cul-de-sac construction $ 7,680 Lateral Assessment 65,610 $ 65,610 $ 73,290 $ 7,680 TOTAL .................. +$26,271 Page 5. 3a- PROJECT SCHEDULE Present Feasibility Report October 15, 1985 Public Hearing November 19, 1985 Approve Plans and Specifications December 3, 1985 Open Bids/Award Contract Winter/Spring 1986 Construction Completion Fall, 1986 Final Assessment Hearing Spring, 1987 First Payment Due with Real Estate Taxes May, 1988 • • Page 6. o5a8d 3 3 TOTALSANITARY SEWER .............................. $ 54,520 B. WATER MAIN APPENDIX A 160 Lin.ft. 16" DIP water main in pl. @ $28.00/lin.ft. PRELIMINARY COST ESTIMATE 4,480 1,070 Lin.ft. 6" DIP water main in pl. @ $14.00/lin.ft. BRITTANY 9TH ADDITION 14,980 3 Each Hydrant in pl. @ $1,000/each PROJECT NO. 459R 3,000 1 A. SANITARY SEWER 16" Butterfly valve b box @ $1,500/each 900 Lin.ft. 8" PVC sanitary sewer 0'-20' dp. in pl. @ $16.00/l.f. $ 21,440 300 Lin.ft. 8" PVC sanitary sewer 20'-30' dp. in pl. @ $26.00/l.f. Fittings in pl. @ $1.20/lb. 7,800 7 Each Std. 4' dia. MH w/cstg. in pl. @ $950.00/each Connect 16" DIP to ex. 16" DIP @ $500.00/each 6,650 54 Lin.ft. MH depth greater than 8' dp. @ $60.00/lin.ft. Rock stabilization below pipe @ $10.00/cu.yd. - 3,240 17 Each 8"x4" Wye in pl. @ $50.00/each Mechanical trench compaction @ $1.00/lin.ft. _ 850 80 Lin.ft. 4" Serv, riser in pl. @ $10.00/lin.ft. Total 800 LUMP SUM Clear and grub trees @ $2,000/L.S. +5% Contingencies 2,000 300 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 3,000 1,200 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. +30% Legal, Engrng., Admin. b Bond Interest 1,200 9,545 Total $ 39,940 41,350 +5% Contingency 1,997 $ 41,937 +30% Legal, Engrng., Admin. & Bond Interest 12,583 TOTALSANITARY SEWER .............................. $ 54,520 B. WATER MAIN 160 Lin.ft. 16" DIP water main in pl. @ $28.00/lin.ft. $ 4,480 1,070 Lin.ft. 6" DIP water main in pl. @ $14.00/lin.ft. 14,980 3 Each Hydrant in pl. @ $1,000/each 3,000 1 Each 16" Butterfly valve b box @ $1,500/each 1,500 3 Each 6" Resilient wedge gate valve 6 box @ $400.00/each 1,200 2,000 Lbs. Fittings in pl. @ $1.20/lb. 2,400 1 Each Connect 16" DIP to ex. 16" DIP @ $500.00/each 500 100 Cu.yda. Rock stabilization below pipe @ $10.00/cu.yd. - 1,000 1,230 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. _ 1,230 Total $ 30,290 +5% Contingencies 1,515 $ 31,805 +30% Legal, Engrng., Admin. b Bond Interest 9,545 TOTALWATER MAIN ................................ $ 41,350 Page 7. 0548d 3 � C. SERVICES 650 Lin.ft. 4" PVC sanitary sewer service @ $6.00/lin.ft. $ 3,900 780 Lin.ft. 1" type "K" water service @ $5.00/lin.ft. 5,600 3,900 17 Each 1" Corporation stop in pl. @ $20.00/each 1,800 340 17 Each 1" Curb stop and box @ $80.00/each 800 1,360 780 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 300 780 SUM Clear and grub trees @ $1,000.00/L.S. Total $ 10,280 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. +5% Contingencies 200 515 Total $ $ 10,795 +5% Contingencies +30% Legal, Engrng., Admin. & Bond Interest 485 3,235 TOTALSERVICES ................................... $ 14,030 D. STORM SEWER 200 Lin.ft. 18" RCP storm sewer @ $28.00/lin.ft. $ 5,600 1 Each Double CB w/cstg. @ $1,800.00/each 1,800 1 Each 18" RCP flared end w/trash guard @ $800.00/each 800 6 Cu.yds. Rip rap @ $50.00/cu.yd. 300 LUMP SUM Clear and grub trees @ $1,000.00/L.S. 1,000 200 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 200 Total $ 9,700 +5% Contingencies 485 $ 10,185 +30% Legal, Engrng., Admin. & Bond Interest 3.055 TOTAL STORM SEWER ................................. $ 13,240 Page 8. 0548d 3 S • 0 Page 9. 0548d 3 4 E. STREET 500 Cu. yds. Subgrade correction,@ $3.00/cu.yd. 1,500 300 Cu.yds. Select granular borrow @ $4.00/cu.yd. 1,200 4,700 Sq.yds. Subgrade preparation @ $0.50/sq.yd. 2,350 1,700 Ton Class 5 100% crushed quarry rock @ $7.00/ton 11,900 380 Ton 2331 Bituminous base course in pl. @ $11.00/ton 4,180 380 Ton 2341 Bituminous wear course in pl. @ $12.00/ton 4,560 43 Ton Bituminous material for mixture @ $210.00/ton 9,030 210 Gal. Bituminous material for tack coat @ $1.40/gal. 294 2,200 Lin.ft. Surmountable concrete curb b gutter @ $4.50/lin.ft. 9,900 5 Each Adjust MH frame @ $150.00/each 750 4 Each Adjust G.V. b Box @ $100.00/each 400 1 Each Permanent barricade @ $500.00/each 500 • 1.0 Acre Seed w/fertilizer 6 mulch @ $1,500.00/Ac. 1,500 Total $ 48,064 +5% Contingencies 2,403 $ 50,467 +30% Legal, Engrng., Admin. 6 Bond Interest 15,143 TOTALSTREET .................................... $ 65,610 SUMMARY A. SANITARY SEWER $ 54,520 B. WATER MAIN 41,350 C. SERVICES 14,030 •D. STORM SEWER 13,240 E. STREET 65,610 TOTAL .............. $188,750 Page 9. 0548d 3 4 F. FUTURE CUL-DE-SAC RECONSTRUCTION 480 Lin. ft. Remove concrete C 6 G @ $2.00/lin.ft. $ 960 600 Sq.yda. Remove bituminous surfacing @ $1.00/sq.yd. 600 100 Tons Cl. 5 100% crushed quarry rock @ $7.00/ton 700 55 Tons 2331 Bituminous base course @ $11.00/ton 605 55 Tons 2341 Bituminous wear course @ $12.00/ton 660 6 Tons Bituminous Mat'1, for mixture @ $210.00/ton 1,260 30 Gals. Bituminous Mat'l. for tack coat @ $1.40/gal. 42 400 Sq.yda. Sod w/3" topsoil @ $2.00/sq.yd. 800 $ 5,627 +5% Contingencies 281 $ 5,908 +30% Legal, Engrng., Admin. 6 Bond Interest 1,772 • TOTAL FUTURE CUL-DE-SAC RECONSTRUCTION ............. $ 7,680 • Page 10. 0548d 307 2 C. SERVICES APPENDIX B Total Parcel Description No. of Lots PRELIMINARY ASSESSMENT ROLL Assessment BRITTANY 9TH ADDITION BRITTANY 9TH ADDITION Block 1, Lot 1-6 - PROJECT NO. 459R $ 825 $ 4,952 Block 2, A. SANITARY SEWER 10 825 8,253 Block 3, a.) Lateral 1 825 825 Total 17 Total Parcel Description No. of Lots Cost/Lot Assessment BRITTANY 9TH ADDITION Block 1, Lot 1-6 6 $2,966 $ 17,795 Block 2, Lot 1-10 10 2,966 29,659 Block 3, Lot 1 1 2,966 2,966 Parcel 011-75 _ --- 4,100 Total 17 $ 54,520 • B. WATER MAIN a.) Lateral Total Parcel Description No. of Lots Cost/Lot Assessment BRITTANY 9TH ADDITION Block 1, Lot 1-6 6 $2,096 $ 12,575 Block 2, Lot 1-10 10 2,096 20,959 Block 3, Lot 1 1 2,096 2,096 Total 17 $ 35,630 b.) Trunk Area (7.41 acres x $1,190/acre = $8,818) BRITTANY 9TH ADDITION • Block 1, Lot 1-6 6 $ 519 $ 3,112 Block 2, Lot 1-10 10 519 5,187 Block 3, Lot 1 1 519 519 17 $ 8,818 C. SERVICES Page 11. 0548d .300 Total Parcel Description No. of Lots Cost/Lot Assessment BRITTANY 9TH ADDITION Block 1, Lot 1-6 - 6 $ 825 $ 4,952 Block 2, Lot 1-10 10 825 8,253 Block 3, Lot 1 1 825 825 Total 17 $ 14,030 Page 11. 0548d .300 D. STORM SEWER Parcel Description No. of Lots Cost/Lot a.) Lateral BRITTANY 9TH ADDITION Block 1, Lot 1-6 6 $ 779 Block 2, Lot 1-10 10 779 Block 3, Lot 1 1 779 Total 17 b.) Trunk Area (322,773 sq.ft. x $0.048/sq.ft. _ $15,493) BRITTANY 9TH ADDITION Block 1, Lot 1-6 6 $ 911 Block 2, Lot 1-10 10 911 Block 3, Lot 1 1 911 Total 17 PART I E. STREET BRITTANY 9TH ADDITION Block 1, Lot 1-6 Block 2, Lot 1-10 Block 3, Lot 1 Total PART II CUL-DE-SAC RECONSTRUCTION Block 1, Lot 1-6 Block 2, Lot 1-10 Block 3, Lot 1 Total 6 10 1 17 6 10 1 17 Page 12. 0548d 39 $3,859 3,859 3,859 $ 452 452 452 Total Assessment $ 4,671 7,790 779 $ 13,240 $ 5,468 9,114 911 $ 15,493 $ 23,157 38,594 3,859 $ 65,610 $ 2,710 4,518 452 $ 7,680 • E 0 0 SUMMARY PRELIMINARY ASSESSMENT ROLL BRITTANY 9TH ADDITION PROJECT NO. 4598 COST/LOT Page 13. 0548c Future Parcel Sanitary Water Main Storm Sewer Cul-de-sac Total Description Sewer Lateral Trunk -Area Services Lateral Trunk Area Street Reconstr. Assessmt. BRITTANY 9TH ADDITION Block 1, Lot 1-5 & Outlot A $2,966 $2,096 $ 519 $ 825 $ 779 $ 911 $3,859 $ 452 $12,407 0 Block 2, Lot 1-9 & Outlot B 2,966 2,096 519 825 779 911 3,859 452 12,407 • Block 3, Lot 1 2,966 2,096 519 825 779 911 3,859 452 12,407 Parcel 011-75 4,100 4,100 Page 13. 0548c 011-76 3 r E 4 5 I POND LP -7 DAKOTA 011-75 Scale I"= 200 D LEGEND COVNj� PARK ® TRUNK ASSESS TRUNK WATER 8 TO SEEWER BRITTANY 9th ADDITION UTILITY & STREET IMPROVEMENTS ASSES SEMENT AREA EAGAN, MINNESOTA BONESTROO, ROSENE, .ANDERLIK & ASSOCIATES, INC. Consulting Engineers St. Paul, Minn. Date: Sept, 1985 P R O J. No. Comm. 49371 459 n 0 Agenda Information Memo November 19, 1985, City Council Meeting Page Fourteen PUBLIC HEARING/PRELIMINARY PLAT/TOWN CENTRE 70 2ND ADDITION C. Public Hearing for Preliminary Plat, Town Centre 70 2nd Addi- tion --At the October 8, 1985, joint meeting between the Advisory Planning Commission (APC) and the City Council (CC), Federal Land Company requested consideration to facilitate the processing of a building permit application for the new Rainbow Foods Super Market within the Town Centre 70 Addition. At that meeting, the City Council authorized the issuance of a foundation permit with the understanding that the preliminary plat application for the second addition would commence immediately. The proposed development of the community shopping center complex, as presented in the preliminary plat approved by Council action on February 5, 1985, has been slightly revised requiring a replat- • ting of the approved first addition. Due to the fact that notifica- tion of the required public hearing for the replatting could not be accomplished by the October Planning Commission meeting, it was determined that the public hearing would be held by the City Council at the November 6th meeting. However, proper legal descrip- tions for notification of this November 6 meeting were not available by the required notification deadline. Subsequently, this public hearing has,been scheduled for the November 19 meeting. The City Attorney's office has been requested to research whether the City Council could, in fact, hold the required public hearing for a preliminary plat in accordance with City Codes. Enclosed on pages 4V7 and?/Jis the attorney's review and opinion pertaining to this procedure. Enclosed on pages V9.1 ,j3 is the staff report providing the background and the recommended conditions that should be imposed on this preliminary plat application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/continue considera- tion_ of the preliminary plat approval for the Town Centre 70 2nd Addition. W a c HAUGE, EIDE & KELLER, P.A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3908 SIBLEY MEMORIAL HIGHWAY EAGAN, MINNESOTA 55122 PAUL H. HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN MICHAEL J. MAYER Thomas Hedges Eagan City Administrator 3830 Pilot Knob Road Eagan, MN 55122 Dale Runkle Eagan City Planner 3830 Pilot Knob Road • Eagan, MN 55122 RE: Town Centre 70 — Preliminary Plat Dear Dale and Tom: October 25, 1985 AREA CODE 812 TELEPHONE 454.4224 Action was taken at the October 22, 1985 meeting of the Planning Commission in regard to,the above—described development, consisting of an application for preliminary plat approval. It was indicated at that meeting that public notice had not been given, in addition to a statement to the effect that it was a mere formality and review of the project, which gave legal counsel the impression that it may not have actually been an action regarding preliminary plat. After review of the minutes -of the Planning Commission meeting of October 22, in addition to packet information, Subdivision Ordinance and prior minutes, we • have attempted to determine the statue of the Town Centre 70 proposal which was before the Planning Commission on October 22. It is our opinion that the Planning Commission probably did not or could not have recommended approval of the preliminary plat for Outlot D of this project for the Rainbow Foods and first phase commercial center without complying with all procedural requirements. In addition, the applicant requested Outlots A and C, be approved at the time of the meeting. Ordinance Section 13.10, Subd. 4.C. requires that the Planning Commission hold a public hearing in order to act on a preliminary plat application. If the action taken by the Planning Commission was indeed an action regarding preliminary plat approval, it has been suggested that.the public hearing requirement was waived by the Commission and/or Council at a prior meeting. However, we do not have any minutes indicating that a waiver was approved, if indeed a waiver is possible. 4/7 Thomas Hedges Dale Runkle October 25, 1985 Page 2 M.S.A. 462.358 requires only that there be a public hearing to act upon applications for preliminary plat approval. The Eagan City Council has chosen to require the APC to hold the formal hearing and to the best of our knowledge, there is no provision for deviation from that procedure. In general, it is our opinion that a public hearing must be held before the Planning Commission in order to comply with City Code regarding any preliminary plat application. It has been suggested that in the past, the City has avoided the public hearing at the Planning Commission level where phases of a planned development, subsequent to the initial phase, comply with the previous planned development plans. We are not sure that that would change our opinion. We would simply summarize as follows: • 1. The record should possibly be reviewed to determine whether there are other instances where preliminary plats have been approved by a City Council public hearing without public hearing before the Planning Commission. 2. To deviate from the Ordinance may expose the City Council and staff to scrutiny and criticism. 3. During the platting process, it is our understanding that City Clerk will be required to sign a Resolution indicating all proper procedures have .been followed. 4. Developer may run into problems if a title examination during the financing process or purchase of individual parcels to determine that the prescribed procedures were not followed. • Very truly yours, DGK:ras yg HAUGE, EIDE b KELLER, P.A. David G. Keller CITY OF EAGAN SUBJECT:, PRELIMINARY PLAT - TOWN CENTER 70 zryO Aao APPLICANT: FEDERAL LAND COMPANY LOCATION: YANKEE AND PILOT KNOB ROADS EXISTING ZONING: CSC (COMMERCIAL SHOPPING CENTER) DATE OF PUBLIC HEARING: OCTOBER 22, 1985 DATE OF REPORT: OCTOBER 17, 1885 REPORTED BY: PLANNING & ENGINEERING The public hearing for the Town Center 70 project containing • the Rainbow Foods and strip commercial 'center will take place at the City Council meeting on Wednesday, November 6, 1985. The subject area will require a replatting to create two separate lots and the vacation of existing easements along Outlot D. This replatting will be subject to the City Engineering require- ments/review. The issue of parking stall size should be addressed as the submitted drawings show 9' X 19' interior. stalls with the 24' drives required by the City. GRADING/DRAINAGE: The applicant is proposing no changes in the grading of the Second Addition from the grading performed by the applicant on the First Addition. UTILITIES: The installation of sanitary sewer, watermain and services under City Contract 85-8 will be adequate to serve this proposed development with ,public utilities. This project is very near completion. • STREETS: City Contract 85-8 also provides for the installation of Town Centre Drive and a 48' wide 9 ton loading capacity City street. City Contract 85-9 provides for the installation of Denmark Avenue, a 52' wide 9 ton loading capacity City collector street. The City anticipates both streets will be open to traffic by mid November, weather permitting. RIGHT-OF-WAY/EASEMENTS: Right-of-way dedication for Town Centre 70 Drive & Denmark Avenue occurred under the previously platted Town Centre 70 Addition. Because the Town Centre 70 Addition plat already, exists, the City will require this developer to petition to vacate existing lot line utility and drainage easements. The vacation of the existing utility and drainage easements must occur prior to or concurrent with final plat approval. The city -will require a 20' wide utility easement over the watermain fire loop yet to be constructed. The dedication of all other easements shall be in accordance with City Code. V9 . PRELIMINARY PLAT - TOWN CENTRE 70 OCTOBER 22, 1985 PAGE 2 ASSESSMENTS: All trunk area related assessments for this proposed development are either levied or pending. This development has fulfilled its trunk area related assessment obligations. CONDITIONS: - 1) The applicant shall submit: A) A detailed landscape plan. B) A detailed grading plan with berming. C) A lighting plan showing lumination areas. 2) The building shall be architecturally treated the same on all sides. 3) A Conditional Use Permit will be required for the proposed• signage. 4) The applicant shall be responsible for installing a 6" watermain loop for fire protection. The location and layout shall be approved by City Staff. 5) The applicant shall dedicate a 20' utility easement over the watermain fire loop and hydrant leads. 6) All applicable standard engineering conditions shall apply. 7) The existing easements shall be vacated prior to final plat approval. • SO 0 TOWN- CENTRE 70 -FIRST ADDITION III IF %�.' w[[luve lu.o svw[nw 1.121 1 OF 1 [.un II �I ^ a ��• .DRIVE11 LOI .f r IF i ` ':1 ;rISQ a s 1 III IF %�.' w[[luve lu.o svw[nw 1.121 1 OF 1 [.un II �I III IF %�.' w[[luve lu.o svw[nw 1.121 1 OF 1 [.un 0 ,` 6. r.. ice" ,F. ,., .:.'E. !!.. � '�'�:: '.i. .Y, y'•'�a`��'�t� PILOT KNOB ROAD' DRIINNNI�1 IIWN � PN�fN�•I� _� WIHNNNNNNINO �n � O A ❑ -L 0 PILOT KNOB ROAD Ji�y4 eta KRESTWOOD � LANE / .ice' urw hrf9 BT,fE 4 ,sus i 1e1 C I D a I f 0 I F F v All DENMARK .AMENLIE T:J'vViJ CENTiit'. i•. :. FiR h�Oh. DENMARK ----AVENUE .D G11Tli)1-; s h\, � / L i .o DENMARK ----AVENUE .D G11Tli)1-; Agenda Information Memo November 19, 1985, City Council Meeting Page Fifteen CONDITIONAL USE FOR MINI-STORAGE/POQUETTE A. Conditional Use Permit (Norm Poquette) for an On -Site Apartment and Zero Lot Line Variance For a Mini -Storage on 1.7 Acres --A public hearing was held by the Advisory Planning Commission at a regular meeting held on October 22, 1985, to consider a conditional use and variance permit to allow a live-in, on-site apartment in a zero lot line mini -storage on Lot 2, Block 1, Cedar Industrial Park. The Planning Commission reviewed the request noting that there is an existing facility, a chiropractic clinic, of which this mini -storage would be an addition to in the existing building. Staff noted in calculating the lot coverage that the applicant may be in excess of what is allowed by City code. The applicant • has requested a zero setback variance to allow provision of a cyclone fence. The Advisory Planning Commission is concerned about the precedence these permits could cause for the community and is recommending denial of the request for a zero lot line to the City Council. For additional information on this item, refer to the Planning Department report, a copy is enclosed on pages ," through X7 . For a copy of the action taken by the Advisory Plannig Commission, refer to those minutes found on page(s) ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the condi- tional use permit for an on-site apartment and zero lot line vari- ance for a mini -storage as applied for by Norm Poquette. St/ 'r". J ..CITY OF EAGAN SUBJECT: CONDITIONAL USE/VARIANCE APPLICANT: NORMAN POQUETTE LOCATION: LOT 2, BLOCK 1 CEDAR INDUSTRIAL PARK EXISTING ZONING: L1 (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: OCTOBER 22, 1985 DATE OF REPORT: OCTOBER 16; 1985 REPORTED BY: JIM STURM, PLANNER I APPLICATION SUBMITTED: Applications have been submitted for Condi- tional Use and Variance Permits to allow a live-in on site apart- ment in a. zero lot line mini storage on Lot 2, Block 1 Cedar Indus- trial Park. COMMENTS: The site area is 1.77 acres and on the eastern end is an existing building,The Center for Health and Life. The applicant intends to add on an office, storage area and apartment to the western side of the building. The existing building, 3700 sq. ft., is made of Chicago brick and the addition will serve as an office and security checkpoint for the mini storage that will accom- modate approximately 115 10' x 30' garage units. These units will have steel removable dividers that allow more freedom to the individual tenant. The intent is to house cars and boats, etc. The zero lot line is requested so the backside of the building will act as the fence, instead of the typical cyclone barbed wire. The applicant expressed his desire to construct the building of decorative concrete block or possibly siding. The roof may either • be gabled or slanted. Adjacent land uses are L1 (Light industrial)' to the south and east, parking for a semi truck warehouse to the north and L1 and R-4 (multiple) to the west. Power tools, is approx. 200 ft. to the sub- ject property on the south side. If approved, the Conditional Use and Variance Permits shall be subject to: 1) building material selection 2) roof selection 3) all applicable ordinances and requirements SG 0 n L J F-4 0 H4 444-4171. IIIA EXI W�"b vx PE 1 H-;A14-Lill411! C 3 A1+ V", A EV AMCrxIWATE AND LeAND APPP.CYA" CEDAR INDUSTRIAL PARK. -,MINI -STORAGE i NORMAN POQUETTE 'CONDITIMAL'USE PERMIT" Chairman Hall convened the public hearing concerning the application of Norman Poquette for a conditional use.permit for a live-in on-site apartment and a zero lot line variance for mini-storage on 1.7 acres on Lot 2, Block 1, Cedar Industrial Park located in the southwest quarter of Section 17, adjacent to Seneca Road. Dale Runkle presented the application which provided for a conditional use to allow an on-site apartment for the caretaker of the facility. In addition, the facility was to be desirtned so that the outside of the garages would act as a fence for the property, with internal circulation for users of the facility. It was indicated that the proposal exceeded the 356 lot coverage requirement to the extent that there would be 45% lot coverage. Concern was raised regarding the ability of the adjacent landowner, Power Tool, to expand its building, due to the zero lot line proposal. The owner responded, indicating that he thought Power Tool had maximized its lot coverage already. The owner also described the project as being a strictly one-story building with concrete and brick trim on the outside providing a� aesthetically pleasing building as compared to a Bloomington site. Harrison moved, Wilkins seconded the motion to recommend denial of the conditional use permit based upon establishing adverse precedent; lot coverage in excess of the amount allowed; and the need for present and future easements across the property. All voted in favor. • m Agenda Information Memo November 19, 1985, City Council Meeting Page Sixteen CONDITIONAL USE PERMIT/IN-HOME BEAUTY SALON B. Conditional Use Permit (Diane Hawkins) For an In -Home Beauty Salon Located in an Agricultural District --A public hearing was held by .the Advisory Planning Commission at their last regular meeting held on October 22, 1985, to consider an application for a conditional use permit to allow a beauty salon in a home located along Dodd Road, owned Diane Hawkins. The Advisory Planning Com- mission upon review of the City Code requirements for in-home beauty parlors and felt the application was acceptable and is recommending approval subject to various conditions within the City Code to the City Council. For additional information on this item, refer to City Planning Department report found on pages&0through & oi... For action taken by the Advisory Planning Commission, refer to a copy of those minutes found on page(s) &3 . • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the condi- tional use permit for an in-home beauty salon as _applied for by Diane Hawkins. • S9 r •. CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: DIANE HAWKINS LOCATION: 4711 DODD ROAD (NA SECTION 36) EXISTING ZONING: A, AGRICULTURAL DATE OF PUBLIC HEARING: OCTOBER 22, 1985 DATE OF REPORT: OCTOBER 15„ 1985 REPORTED BY: JIM STURM APPLICATION SUBMITTED: An application for a Conditional Use • Permit has been submitted to allow a beauty salon in a home located along Dodd Road in the NW's of Section 36. COMMENTS: A beauty salon is a conditional use within the R-1, Single Family District and Agricultural District, subject to the following conditions: a) Hours of operation shall be from 8:00 A.M. to 8:30 P.M. only. b) The only employee shall be an occupant of the household. c) The parking shall be on-site and shall be limited to two (2) customer automobiles. d) There shall be no commercial signs advertising the business except for the type of sign -that is allowed in R-1 Districts. • e) There shall be no over-the-counter sales of merchandise. Ample parking space will be available and no sign application has been requested. If approved the Conditional Use shall be subject to the previously listed conditions. ME ej / rN et, , i • i. i� i 3 �I 0 /76'---i bl'ale 114xJ�I I-5- �o a- ,.152odury .:r/Te 11i4 -iv (,r = sWIAv loCA7iol✓). APC Minutes October 22, 1985 the garages would act as a fence for the property, with internal circulation for users of the facility. It was indicated that the proposal exceeded the 35% lot coverage requirement to the extent that there would be 45% lot coverage. Concern was raised regarding the ability of the adjacent landowner, Power Tool, to expand its building, due to the zero lot line proposal. The owner responded, indicating that he thought Power Tool had maximized its lot coverage already. The owner also described the project as being a strictly one-story building with concrete and brick trim on the outside providing an aesthetically pleasing building as compared to a Bloomington site. Harrison moved, Wilkins seconded the motion to recommend denial of the conditional use permit based upon establishing adverse precedent; lot coverage in excess of the amount allowed; and the need for present and future easements across the property. All voted in favor. NAEGELE OUTDOOR ADVERTISING COMPANY - CONDITIONAL USE PERMIT Chairman Hall next convened the public hearing for the conditional use permit requested by Naegele Outdoor Advertising for an advertising sign • located on the Osman Temple property, located in part of the northeast quarter of Section 4, near Highways #13 and I-494. Planner Runkle presented the application indicating that the sign was within the Ordinance, being 40 feet in height, although the size of the sign exceeded the 250 square foot standard for advertising signs. It was indicated that in its discretion, the Council had in the past, occasionally approved signs of this size adjacent to major highways. It was pointed out that one or more signs already existed in front of the Lost Spur and there were questions raised whether this created a spacing problem under the City Code. The representative of Naegele indicated that the property on which the sign was to be located was not the original Osman property but a parcel recently acquired adjacent to the location of the Lost Spur. Harrison moved, Wilkins seconded the motion to table the application for 30 days for staff review to determine the type of sign presently in existence at the Lost Spur and its relationship to the applicant's sign. All voted in favor. BEAUTY SALON - DIANE HAWKINS - CONDITIONAL USE PERMIT • Chairman Hall then convened the public hearing on the application of Diane Hawkins for an in-home beauty salon in an Agricultural District, located in the southeast quarter of the southwest quarter of Section 36, near Dodd Road. Dale Runkle reviewed the staff report indicating that the house was located on a five acre lot set back with the road from a long driveway. Such uses have been allowed before when restricted to the conditions required under the Ordinance and set by the City. Harrison moved, Wilkins seconded the motion to recommend approval of the conditional use permit subject to compliance with all relevant City and State codes. All voted in favor. (0 3 2 Agenda Information Memo November 19, 1985, City Council Meeting Page Seventeen CONDITIONAL USE PERMIT/ADVERTISING SIGN FOR DON KLOBER C. Conditional Use Permit (Don Klober) for a Business Advertising Sign for Century 21--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on Tuesday, October 22, 1985, to consider an application that was submitted for a conditional use permit to allow a pylon sign for Century 21, located on the northwest corner of the intersection of Yankee Doodle and Coachman Roads. The Advisory Planning Commission is recommending approval of this application. For additional infor- mation on the matter refer to the City Plannin Department report, a copy is enclosed on pages epe through [D� For a copy of the action taken by the APC, refer to those minutes found on pages) /09 • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the condi- tional use permit for a business advertising sign for Century 21. • Gq- CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: DONALD AND VIRGINIA KLOBER LOCATION: LOT 2, BLOCK 2, CENTURY ADDITION EXISTING ZONING: N.B. (NEIGHBORHOOD BUSINESS) DATE OF PUBLIC HEARING: OCTOBER 22, 1985 DATE OF REPORT: OCTOBER 15, 1985 REPORTED BY: JIM STURM APPLICATION SUBMITTED: An application has beensubmitted for • a Conditional Use Permit to allow a pylon sign for Century 21 located on the northwest corner of the intersection of Yankee Doodle and Coachman Roads. COMMENTS: The subject sign is both two -directional and lighted. The advertising area will be 5'4" X 8', or approximately 43 sq ft per side. The 86 sq ft is well within the City Code maximum of 250' or 125' per side. The height of the sign will be 18 feet, also within City Code. The submitted site plan locates the sign approximately 35 feet from the Yankee Doodle property line and 20 feet from the Coachman property line. • If approved, the sign shall be subject to. the Eagan sign ordinance fee of $2.50 per sq ft and all other applicable. ordinances. %s 44' • • 192.59' .y_.. 10'• 8' MNDUQ* TERM1M EY4,. '0I \ SEE DE741LS, TYIS SMT I 0 I •. I 1 G"COY . 5\% \T 10 L6¢S 0 / DCAlu4 aE OI \ w S I843 ��''' tout cute � (G4[. 4TIVI 6SS I " r $41 'rte _gs I f A go 'r"'--- OFF] ov Vol. BUILD). G / LIN LgwEL' LEVE- ft t�pN. 8'S4.o I aAS 'CJ N/ I La 7-1 1F 46 e .855.5 I'iO6 a. c,Mo . / r IS�WIDE CnY[.� S�Dtu u; t[GFW 61fJHWNS OnIVG41eY � / _n l/� 4 feRry ki Lor e4b II RS e [� t J— 159 98 YANKEE DOODLE ROAD &44 / 0� W, Colonial Gold Post APC Minutes October 22, 1985 CENTURY ADDITION - DONALD RLOBER - CONDITIONAL USE PERMIT/SIGN Next, Chairman Hall convened the public hearing on the application of Don Rlober of Century 21 for a lighted sign for Century 21 located on Lot 2, Block 2, Century Addition in that part of the southwest quarter of Section 9, off Yankee Doodle Road, west., of ,Coachman Road:;• Dale Runkle introduced the application indicating that the sign met City Code requirements. Wilkins questioned the ability of the second commercial building in the Century Addition to have a sign for its facility. The applicant indicated that he had discussed the situation with the neighboring owner and that there was sufficient room for a smaller sign of the type normally used by that type of a business. Harrison moved, Trygg seconded the motion to recommend approval of the conditional use permit. All voted in favor. RADIO TOWER - CONDITIONAL USE PERMIT - ROBERT BEIRSDORF Chairman Hall convened the public hearing on the application of Robert • Beirsdorf for an amateur radio tower to be located on Lot 4, Block 1, Park Cliff 2nd Addition in that part of the northeast quarter of Section 34 on Parkridge Court. Dale Runkle presented the application, indicating that the lot was presently vacant and that the owner and proposed builder, Mr. Beirsdorf was requesting approval of the amateur radio tower prior to commencement of construction on the lot. Mr. Runkle indicated that City Code allows a tower up to 37.5 feet. Mr. Steve Thal, an attorney for Mr. Beirsdorf, appeared and supplied additional information to the Commission indicating that Mr. Beirsdorf's prior neighbors did not object to the tower and that the FCC had acted in regard to towers in residential neighborhoods. Although it appeared that the tower could be cranked up to a height of 55 feet, the applicant indicated that it would not exceed the 37 feet indicated which would be even with the maximum height of the proposed dwelling unit and only 7 feet in excess of the height of the garage behind which the tower would be located, also being sheltered by trees on the sides ana back, of the Lot. Adjacent owners did appear and address the ,commission, expressing concern • about the aesthetics of the neighborhood, electronic interference, and an adverse precedent. A petition was submitted, signed by 33 people from approximately 15 households. Covenants were discussed by the adjacent owners indicating that exterior towers were not allowed unless approved by the architectural control committee. Mr. Dick Winkler appeared as the owner and developer of the area and indicated that a tower had been constructed in Park" Cliff 1st Addition, which resulted in the drafting of covenants for the 2nd and 3rd Additions, which did not allow radio tower without the architectural committee approval. He did not indicate whether the architectural control committee would approve the proposed tower. Questions were also raised as to an apparent error in the Abstractor's list which resulted in many homeowners not having notice of this hearing. Harrison moved, Wilkins seconded the motion to postponethe hearing to the next Planning Commission meeting to allow the applicant to meet with the owners in the area and for staff to review the issues thereto. All voted in favor. Dale Runkle then pointed out that if the tower is restricted to less than 37.5 feet, that it is not necessary to obtain a conditional use permit. Thus, the application could be withdrawn. 40 q 3 • • Agenda Information November 19, 1985, Page Eighteen Memo City Council Meeting CONDITIONAL USE PERMIT/TIME EXTENSION FOR TEMPORARY .., �. ...,..,. r.. . rm ...., .....rmr..., D. Conditional Use Permit (Tollefson Builders, Inc.) For an Exten- sion of a Temporary Model Home in Brittany 1st Addition --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on October 22, 1985, to consider an application submitted by Tollefson Builders Inc. requesting a conditional use permit to allow a model home to be used as an office in Brittany 1st Addition. The Advisory Planning Commission is recommending denial of the extension of the conditional use permit because a construction office if not a permitted use to begin with and it should be terminated as quickly as possible. ,For additional infor- mation on this item, refer to the Planning Department report found on page (s)% / 7j For action taken by the Advisory Plan- ning .�C�o/mmission, refer to a copy of those minutes found on page(s) —S' ACTION TO BE CONSIDERED ON THIS ITEM: To approve or tional use permit to extend the use of a temporary Brittany 1st Addition for Tollefson Builders Inc. `7 0 deny the condi- model home in �J • • fl ..CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: TOLLEFSON BUILDER'S INC LOCATION: L 4, BL 2, BRITTANY ADDITION (SA SEC 33) EXISTING ZONING: R-1, SINGLE FAMILY DATE OF PUBLIC HEARING: OCTOBER 22, 1985 DATE OF REPORT: OCTOBER 16, 1985 REPORTED BY: JIM STURM APPLICATION SUBMITTED: An application has been submitted requesting a Conditional Use Permit to allow a model home to be used as an office in the Brittany Additions. COMMENTS: The use of a model home for an office is permitted use within City Code. The office is permitted until 85% of the dwelling units are occupied. Brittany 1st Addition is now 948 complete. The applicant is requesting an extention in the present model home at 1655 Norwood Drive until a new model in the Brittany 8th Addition is built. The subject model home/office has been listed with a realtor. 7a� j•,ti W YT.0 y-- •• 00 _ -L _ W i i I ' ' I Z L . 4n• WOWto �' v %\� • • r yy ` 14' 110 • 1014�• I. !, /,i P r. �• �• Q I ✓ f', YO\. '� 1051• _, nrI •Ln V � 106 •! , + , was ... I • _ • I11 �`1 •e � =• • a� 91• ,/9 eo •yJ LSI 1r-_ � tJy e�/`\•�: •�! �. OI1SOf ' .�•�• \ BRITTANY 4�?� rT4NY COURT 11I .Y• R 1,1.. If' ]! ti M N d •I N • r •• •1 W 4. S1 'SI Lam• 'w� = I w•.nr•ee•n•u•M • PRELIMINARY PLAT OF _I BRITTANY MANOR � P• I YW,1M 6 •YWT- j•,ti W YT.0 y-- •• 00 _ -L _ W i i I ' ' I Z L . 4n• WOWto �' v %\� • • r yy ` 14' 110 • 1014�• I. !, /,i P r. �• �• Q I ✓ f', YO\. '� 1051• _, nrI •Ln V � 106 •! , + , was ... I • _ • I11 �`1 •e � =• • a� 91• ,/9 eo •yJ LSI 1r-_ � tJy e�/`\•�: •�! �. OI1SOf ' .�•�• \ BRITTANY 4�?� rT4NY COURT 11I .Y• R 1,1.. If' ]! ti M N d •I N • r •• •1 W 4. S1 'SI Lam• 'w� = I w•.nr•ee•n•u•M BRITTANY FIRST ADDITION — TOLLEFSON BUILDER'S, INC. CONDITIONAL USE PERMIT Chairman Hall then convened the public hearing on the application of Tollefson Builders, Inc. for extension of the conditional use permit for a temporary model home in Brittany 1st Addition, Lot 4, Block 2, on Norwood Drive. Dale Runkle presented the application, indicating to the Commission that the present dwelling unit had been designated as a model home for five years. It appeared that Brittany lst Addition was 94% completed and that the developer was requesting a six month extension in order to sell the property, and move his business. Mr. Rudolph appeared on behalf of the adjacent homeowners in Brittany Addition, indicating that the moael home was constructed in 1980 as a parade home, with the builder representing to owners that as a parade home, the home would be sold in the near future. The surrounding owners complained that the home was not only a model home, but a construction office with construction crews, trucks and other vehicles constantly arriving, departing and parking at the location. It was the homeowner's position that the proposed use was a violation of the covenants put in place by Tollefson Builders, and that the lot next to the dwelling wa being used entirely as a gravel parking lot. The owners expressed concer� regarding small children in the area, due to the large amount of traffic, litter and presence of construction workers. There were complaints of lawn damage to surrounding homes, traffic and double parking problems, operation of the business beyond normal hours, and the parking of construction vehicles overnight and on weekends. There were also complaints about snow removal in the parking area burdensome to adjacent property owners. Mr. WayneBevers appeared on behalf of Tollefson Builders as the controller.for Tollefson. 'He indicated the need for the temporary extension in order to comply with the needs of the neighborhood and to move the business. Chairman Nall pointed out that model homes are not the same as a construction office and that moving to another location will not suffice as a business and is not to be located in a model home under City Code. Harrison moved, -Hall seconded the motion to deny the conditional use permit, subject to the following conditions and instructions: 1. That a construction office is not an allowed use for a residential home or model home. 2. That future model homes not be used as a construction office. 3. That the City enforce removal of the construction office by legal methods, if necessary. 4. That the adjacent parking area be corrected by enforcement of the zoning and subdivision ordinances along with .the applicable development contract. All voted in favor. Agenda Information Memo November 19, 1985, City Council Meeting Page Nineteen CONDITIONAL USE PERMIT/ON-SALE WINE & BEER AT SLICERS PIZZA E. Conditional Use Permit For On -Sale Wine & Beer At Slicers Pizza - A public hearing was held by the Advisory Planning Commission at their last regular meeting held on October 22, 1985, to consider an application that was submitted by Slicers Pizza Restaurantfor a conditional use permit to allow the sale of wine and beer in their establishment located in the Cedar Cliff Shopping Center. The Advisory Planning Commission is recommending approval of the conditional use permit to the City Council. For a copy of the Planner's Report, �rrefer to that documents enclosed on pages 7& through 7p, . For a copy of the action that was taken by the Advisory Planning Commission, refer to page(s) % 9 At a recent City Council meeting a question was raised by the City • Council regarding a review of the development agreement language for the Cedar Cliff Shopping Center to determine whether any re- strictions were made regarding the sale of on -sale beer, wine or liquor. The City Administrator has researched the City Council minutes approving the preliminary plat dated July 2, 1989, and there is no mention of liquor in the conditions of approval. There is a paragraph in the general minutes that reads as follows: "there was discussion concerning the issues reviewed at the neighborhood meeting and it was noted that there would be a restrictions against the sale of on -sale liquor on the premises within the development." Apparently, discussion evolved around ons -sale liquor and not 3.2 beer and wine. After reviewing the development agreement, Exhibit B, there are no conditions that relate to on -sale liquor. There is a specific condition stating that no gas pumps will be allowed within the plat and another condition regarding hours which are limited to 7:00 a.m. to 1:00 a.m. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the condi- tional use permit for on -sale wine and beer at Slicers Pizza. 7S CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: DRISCOLL MILLER INVESTMENTS, INC LOCATION: LOT 1, BLOCK 2, CEDAR CLIFF COMMERCIAL PARK EXISTING ZONING: P.D. (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: OCTOBER 22, 1985 DATE OF REPORT:.00TOBER 15, 1985 REPORTED BY: JIM STURM APPLICATION SUBMITTED: An application has been submitted request- ing a Conditional Use Permit for the sale of wine and beer at Slicers Pizza Restaurant, located in the 'Cedar Cliff Shopping Center. COMMENTS: City Code requires a Conditional Use Permit in addition to a liquor license. The applicant has applied for the liquor license contingent on the approval of the Conditional Use Permit and all other City Codes and requirements. The City Police Dept. has approved the application and this item will be on the November 6, City Council agenda. If approved, the Conditional Use Permit shall be subject to all City codes and requirements pertaining .to the sale and use .of beer and wine. to 77 �T i yy `9 ~•ifr.a `� m �c•�'r. 0'L 2135 2191 214.9 214 .— 2143— 215 - .-.------ -- �-- - - - z¢T \ • Lm45 WirH Fite IeDP,7M We o sn,DS ce. sou srua5• HAtJD-C,-+Yt=D PERS:."S. RZnviae 'fz-HP. • •_l o a DGLoeLDD DG D o c oG o ; I _ _ DN G oe oc LJL-IU CLL 5 -JD Do Oa 00 0- 9GT I'l. ® -1D Cl ®etr D Cr 44. I -1 "�1 r OJT EA'GAN :. R E 4 6Y D . BY q o� DATE APC Minutes October 22, 1985 1. That a construction office is not an allowed use for a residential home or model home. 2. That future model homes not be used as a construction office. 3. That the City enforce removal of the construction office by legal methods, if necessary. 4. That the adjacent parking area be corrected by enforcement of the zoning and subdivision ordinances along with the applicable development contract. All voted in favor. SLICER'S PIZZA RESTAURANT DRISCOLL MILLER INVESTMENTS, INC. — CONDITIONAL USE PERMIT Chairman Hall convened the public hearing on the application of Driscoll • Miller Investments, Inc. for a conditional use permit for on—sale wine and beer at Slicer's Pizza Restaurant, Lot 1, Block 2, Cedar Cliff Commercial Park Addition, located in that part of the southeast quarter of Section 30, at Nicola Road and Cliff Road. Dale Runkle presented the application, indicating that a conditional use was required in addition to a separate application for a beer and wine license, which was being processed simultaneously through the Police Department, City Clerk and State. Review of the application indicated that it appeared to be a restaurant facility, as opposed to a bar. Harrison moved, Trygg seconded the motion to approve the conditional use, subject to compliance with all City Code requirements. All voted in favor. TOWN CENTRE 70 — PRELIMINARY PLAT — DETAILED SITE PLAN REVIEW The Planning Commission next considered the detailed site plan for Town Centre 70 regarding the replatting of Outlot D and Lot 1, Town Centre 70 First • Addition, providing for the construction of a 57,000 square foot Rainbow Food Store and 96,000 square foot shopping center. City Planner Dale Runkle presented theinformation, indicating that Planning Commission's action was a formality since there was lack of proper notice for public hearing. There was " discussion regarding coverage, setbacks, parking spaces, and elevations. Mr. Runkle indicated that the proposal would still be subject to detailed landscaping and erosion control, drainage and grading and architectural plans. The 'developer indicated that they also wished to propose replatting of Outlots A and C. Trygg moved, Harrison seconded the motion to recommend approval of the proposal, subject to meeting all staff requirements and City Code provisions, including the following: 1. The applicant shall submit: -79 5 Agenda Information Memo November 19, 1985, City Council Meeting Page Twenty CONTRACT 85-26, WELLS #8 AND #9 A. Contract 85-26, Receive Bids/Award Contract (Wells #8 and #9) - At 10:30 a.m, on November 8, formal bids were received for the development and construction of Wells #8 and 9 within the Royal Oak Circle Subdivision. Enclosed on page —,V_ is a tabulation of the bids received and a comparison of the low bid to the engineer's estimate. As can be seen, the low bid came in substantially over the engineer's estimate (21.1%) and there were only two bids received. Because of the growing demands placed on our water system, the • Public Works Director wanted to have Wells #8 and 9 available for temporary pumping on June 15 and July 15 in 1986 respectively, in anticipation of next summer's peak demands. This resulted in a very tight time schedule for the development of both wells due to their proximity to each other and depth of construction. Because of concerns received from well drillers, alternate #1 provided for an extension of the completion date of Well #8 to September 15 and alternate #2 provided for an extension of the completion date for both Wells #8 and 9 to September 15, 1986. There were substantial penalties of $250 per calendar day for failure of the contractor to meet the specified completion date for each well. In reviewing the bids received and discussing the project with the interested bidders, it has been determined that our completion dates are notfeasibleand that the high bids reflect the contractor's anticipation of not being able to meet it and • subsequently incurring substantial penalties. It is felt that if the completion dates were extended, more favorable bids could be received. Therefore, the Public Works Director and Consulting Engineer are strongly recommending that the Council reject all bids and authorize a readvertisement for a new bid opening- to be held at 10:30 a.m. on Friday, December 13, 1985. The new specifications would state a completion date of September 15, 1985 for Well #8 (Jordan) and June 1, 1987 for Well #9 (Hinckley - Mount Simon). ACTION TO BE CONSIDERED ON THIS ITEM: To reject the bids received for contract 85-26 (Wells #8 and 9) received November 8, 1985 and authorize a readvertisement for a new bid opening to be held at 10:30 a.m, on Friday, December 13, 1985. Our File No. 49369 Base Bid Alt. #1 Alt. #2 Low Bid .372,265.00 363,515.00 351,470.00 ENGINEER'S ESTIMATE -- 307,300.00 307,300.00 307,300.00 % W Engineer's Est, 21.1% 18.3% 14.4% DEEP WELL NO. 8 & 9 CONTRACT NO. 85-26 PROJECT NO. 457 FOR EAGAN, MINNESOTA BID TIME: 10:30 A.M., C.S.T. BID DATE: Friday, Nov. 8, 1985 CONTRACTORS BASE BID ALT 41 ALT. #2 1. Bergerson Caswell $372,265.00 —8,750.00 —20,795.00 2. Layne MN 523,171.00 —0— NONE 3. Keys Well Drilling No Bid — — 4. E.H. Renner No Bid — — • 5. Hydro Engineering No Bid — — o. 7. 8. 9. Base Bid Alt. #1 Alt. #2 Low Bid .372,265.00 363,515.00 351,470.00 ENGINEER'S ESTIMATE -- 307,300.00 307,300.00 307,300.00 % W Engineer's Est, 21.1% 18.3% 14.4% Agenda Information Memo November 19, 1985, City Council Meeting Page Twenty-one CONTRACT 85-27, EAGANDALE COURT/STREETS 8 UTILITIES B. Contract 85-27, Receive Bid/Award Contract (Eagandale Court - Streets and Utilities) - A Bid opening was held at 10:30 a.m. on Friday, November 15, for the above referenced contract. Enclosed on page _�_ is a tabulation of the bids received and a comparison of the low bidder to the estimate contained in the feasibility report and the engineer's estimate based on detailed plans and specifications. An analysis of all bids received will be performed with a final recommendation being made by the Public Works Director at the Council meeting on November 19. • ACTION TO BE CONSIDERED ON THIS ITEM: To contract 85-27 (Eagandale Court - Street award the contract to the lowest responsible • O receive the bids for Streets and Utilities) and bidder. Our File No. 49368 CITY CONTRACT No. 85-27 EAGANDALE COURT PROJECT No. 459 WESTBURY PATH PROJECT No. 369B b 441A UTILITY b STREET IMPROVEMENTS EAGAN, MINNESOTA CONTRACTORS 1. M. Danner Trucking • 2. F.M. Frattalone Exc. 3. Northdale Construction 4. L & G Rehbein 5. Encon Utilities 6. Burschville Construction 7. Lake Area Utility 8. Arcon Construction 9. Forest Lake Con. 10. Lund Asphalt 11. Lametti & Sons • 12. Orfei & Sons 13. Annandale S & W 14. 0 & P Contracting 15. S.J. Louis Construction 16. Alexander Construction 17. M & M'Sewer & Water Project 459 Low Bid $102,450.45 Feasibility Report - 111,620.00 ENGINEER's ESTIMATE - 104,600.00 % (-) Engineer's Est- -2% %(-) Feasibility Est- -8% BID TIME: 10:30 A.M., C.S.T. BID DATE: Friday, Nov. 15, 1985 TOTAL BASE BID $132,911.95 136,152.15 136,478.25 139,748.40 148,371.00 151,273.50 170.115.90 No Bid No Bid No Bid No Bid No Bid . No Bid No Bid No Bid No Bid No Bid Project 369B & 441A Bid (Part A) -- $19,241.00 Feasibility Report- 10,600.00 ENGINEER'S ESTIMATE 11,800.00 % (+) Engineer Est- +63% % (+) Feasibility — +82% MEMO TO: HONORABLE MAYOR 8 CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 15, 1985 City Code Update The City Clerk's office has received numerous pages updating the City Code document. If it isn't too much of an inconvenience, please bring your City Code books to the next City Council meeting and the City Clerk's office will insert all the new pages bringing your copy up to date. We plan to contact the Advisory Parks Commission and Planning Commission and update all their documents as well. is Municipal Legislative Commission Update Enclosed on page through is a copy of the Municipal Legislative Commission background that was distributed at three (3) different regional breakfast meetings these past two (2) weeks. Dr. Patricia M. Cook Letter I received a letter from Dr. Patricia Cook, who is a resident of the City of Eagan and works as an emergency medicine physician at Divine Redeemer Hospital. According to the letter, Mayor Blomquist and each member of the City Council were copied this letter. For your information, a response letter from this office and Dr. Cook's letter are enclosed on pages ' through 091-rfor your review. The City Administrator will update the lty Council on further development regarding the 24-hour emergency • care and ambulance service toward the end of the City Council meeting on Tuesday. Water Quality Management Funding The City has pursued funding options for preparing the Comprehensive Water Quality Management report. Administrative Assistant Hohenstein checked with the Minnesota Pollution Control Agency and, apparently, the Environmental Protection Agency does not have money available for new projects at the present time. There is a -current environmental protection bill which will include funds but not until the spring of 1986. The current attitude of the EPA is that any grants extended should be used to implement studies that have been done with City funds. Therefore, it is unlikely that any financial assistance will be available for the Water Quality Management study. HONORABLE MAYOR & CITY COUNCILMEMBERS NOVEMBER 15, 1985 PAGE 2 Results of Eagan Clean -Up Day Enclosed is a letter that was sent to the City by Mr. Bernie Beermann, of Beermann Services, that provides a breakdown of those items brought to the City collectioQ/point on October 19. A copy of that letter is enclosed on page W. Ohmann Property Enclosed is a memorandum prepared by the Director of Parks .& Recreation regarding a purchase proposal for the Ohmann estate. The City Administrator and possibly Director of Parks & Recreation Vraa would like to discuss this memorandum and ask for specific direction toward the end of the City Council meeting on Tuesday. • A copy of the memorandum is enclosed on pages7 through Op. 1986 Public Enterprise Budget —/Y— The detailed budget for the 1986 public enterprise funds will be distributed on Monday. The Director of Finance and City Administrator have used the one-week delay in the special City Council meeting to further review the budget and provide a more comprehensive summary for review by the City Council. This document will be distributed as a part of the Administrative Agenda. Certificate of Conformance. The City of Eagan has been notified by the Government Finance Officers Association that our Director of Finance is again the • recipient of the Financial Reporting Achievement Award. The Certificate of Conformance is the highest form of recognition in governmental accounting and financial reporting and its attain- ment represents a significant accomplishment by government and its management. Centralization of County Facilities Enclosed is a copy of a letter and the resolution addressing Centralization of County Facilities as prepared by the City Add/m�i'nistrator. The attachments can be found on, pages � through t0 HAMPTON HEIGHTS GRADING PERMIT #EX16-265, VIOLATION AND CITATION As the Council may recall, on November 6, Mr. Mark Parranto re- quested special consideration for the issuance of the above -ref- erenced grading permit subject to his compliance with fulfilling the required performance bond. On November 14, a routine inspec- tion revealed that the grading operations had commenced without the issuance of the grading permit due to the performance bond requirement not being complied with. At this time, a verbal order was issued to the site superintendent to cease all operations until a permit had been issued. In addition, two phones calls were placed to Mark Parranto informing them of the stop work order. On Friday, November 15, it was again observed that the grading operations had commenced even though the status of the grading permit had not changed. A second verbal stop work order was issued to the grading superintendent informing him that no further work was to • commence without a written permit in hand. At 10:15 on the same morning, it was noticed that the grading operations had again com- menced without the authorization of the City. Subsequently, the Police Department was requested to issue a written citation to the grading superintendent re-emphasizing that no additional work is to be performed until the permit is issued. His response was that Mark Parranto had called his office and instructed them to restart even though a permit had not been issued. Until a satisfactory performance bond has been submitted and deemed acceptable by staff, a grading permit will not be issued and en- forcement of the City Code will be accomplished through periodic inspections and additional citations as necessary. • /s/ Thomas L. Hedges City Administrator 10 r, . MULEGIN�� COMMISSION 7900 Xerxes Avenue South Suite 1500 Bloomington. Minnesota 55431 (612) 338-6610 MUNICIPAL LEGISLATIVE COMMISSION BACKGROUND Over the last few decades, the population balance in the United States has shifted dramatically from the central cities to the suburbs. Nonetheless, the balance of political power in legislatures throughout the country has remained with the central cities or rural communities. The Municipal Legislative Commission, a coalition of 16 Twin Cities suburbs, was formed in December 1983 to counteract that political imbalance. These suburbs, representing a combined population larger than Minneapolis or St. Paul, banded together to attain the same political "influence the smaller central cities hold. This movement appears to be unique to Minnesota, where new political ideas have often taken root. Although the growth of the suburbs is a nationwide phenomenon, Minnesota is the first state to spawn a specific suburban -oriented lobbying institution. "The suburbs are the forgotten component of our political process,".explains Connie Morrison, Mayor of Burnsville and one of the driving forces behind the Municipal Legislative Commission. "No one has come to grips with the political realities of the 1980s and the major changes in the nature of the suburban/ urban equation," she adds. SUBURBAN POPULATION GROWTH The changes in that equation are significant: In 1950, the total population of the 16 Municipal Legislative Commission's member suburbs was slightly less than 55,000. At that time, three of themember suburbs --Plymouth, Maplewood and Shoreview -- were not even incorporated. In 1985, the combined population of these 16 suburbs is estimated at 550,100, a tenfold increase since 1950. • • Municipal Legislative Commission Background Page 2 In the meantime, the populations of the core cities of Minneapolis and St. Paul have dropped by more than half. Three times more people living in the Twin Cities area now live in the suburbs than in the core cities. Projections indicate that future growth in the area will come almost exclusively in the suburbs, particularly suburbs like Eagan, Eden Prairie, Maple Grove and Woodbury. In fact, the most recent population projections by the Metropolitan Council indicate that by the year 2000, the 16 member suburbs of the Municipal Legislative Com- mission will have a population greater than the.core cities of Minneapolis and. St. Paul combined. The present estimates indicate the MLC members' population by the end • of the century to be 621,000 and the population of the two central cities to be 593,000. 4 But for all that growth, influence in the Minnesota Legislature has been slow in coming_. Commission members consider the Local Government Aids Bill of 1983 a perfect example of that lack of clout. With the state fighting the effects of continued recession, the Legislature move to cut costs in several areas. One of the most serious cuts came from the local government aids budget, and the Twin Cities area suburbs took the hardest cuts of all. The 16 suburbs of the Municipal Legislative Commission lost almost $2 million in financial support already • promised by the Legislature. Bloomington, the largest suburb, lost $786,899, Edina lost $449,021 and Plymouth lost $271,419. Since these were revenues promised for 1984, they were calculated into the suburbs' operating budgets for 1984. The change in funding levels forced each of the suburbs to cut back on needed programs and delay or eliminate important local services. 0 Municipal Legislative Commission Background Page 3 LOCAL AID CUTS SPURRED COMMISSION It was this drastic cutback in local government aids, more than anything else, that led to the formation of the Municipal Legislative Commission. "The cities of Minneapolis and St. Paul have long had really strong lobbying teams at the Legislature," explains Jim Miller, City Manager of Minnetonka. "Their efforts often worked against our best interests, so it was time for the suburbs to develop a potent lobbying force of our own." The idea for the commission seemed to be brewing simultaneously in suburbs throughout the Twin Cities area. Miller and other city managers in the western and southern suburbs and Roseville City Manager James Andre and his colleagues in the northeastern suburbs all appeared to share similar objectives at the same' • time: the suburbs need a united lobbying effort to protect their interests at the Minnesota Legislature. Miller wrote a letter to city managers in the fall of 1983, suggesting discussion of a coordinated effort. The response to that letter was positive and immediate. By December, with city managers and elected officials alike in agreement, the Municipal Legislative Commission was formed. Each of the suburbs agreed to allocate funds to support the lobbying effort, and by January the commission had chosen a law firm to represent the suburbs as chief lobbyist. The law firm chosen was Larkin, Hoffman, Daly & Lindgren, Ltd., a Bloomington -based law firm with offices in downtown Minneapolis. It has an excellent reputation as a lobbyist and a strong tradition of serving suburban needs. • Their chief lobbyists for the commission are: Richard Forschler, a veteran of lobbying efforts at the municipal, state and federal levels, and Robert Renner, Jr., former Commissioner of the Minnesota Department of Energy; Planning and Development and top legislative aide to former Governor Al Quie. In April 1984, the 14 original members were joined by the City of Mounds view. In June, Blaine also joined the commission, bringing the membership to 16 suburbs. XA Municipal Legislative Commission Background Page 4 THE COMMISSION'S ORGANIZATION The commission is organized to share responsibility between elected and appointed officials. Elected officials and city managers make up the commission's board of directors. Roseville Mayor June Demos was elected the first President of the Municipal Legislative Commission in January 1984. In July 1985, she was succeeded by Connie Morrison, Mayor of Burnsville. The operating committee was first headed by Jim Miller, City Manager of Minnetonka and subsequently by Tom Hedaes, City Manager from Eagan. The operating com- mittee meets monthly to discuss suburban issues and make recommendations to the board of directors. The commission's efforts are designed to work with and support the 39 senators and representatives elected from the 16 suburbs. Morrison says one of the most important • elements of the commission's charter is to foster close coordination among the suburbs legislative delegations, elected officials and city managers. E "The reality is that we want our issues known, we needed to develop a commonality of interest and approach among our- selves," Miller says. "Once we started talking about the commission idea, it was amazing how quickly that coordination developed." The Municipal Legislative Commission is probably the only organization of its kind in American Politics. But it does not expect to be the only one for long. The Municipal Legislative Commission, and the commitment to a representative voice for the suburbs in American legislatures, is an idea whose time has come. THE MUNICIPAL LEGISLATIVE COMMISSION: THE FIRST SESSION --1984 The Municipal Legislative Commission's first session in the Minnesota Legislature was a testing one for the new organiza- tion. With major goals in the areas of local government aids, property taxes and metropolitan transit, the commission set itself stiff challenges. Through close coordination with other suburban organizations, a strong lobbying team and successful relationships with key suburban legislators, the commission was able to meet those challenges. The primary goals of the MLC in its first session was to recoup at least part of the more than $2 million its members lost in local government aids in the ,1983 session. Those losses occurred in 1984; without significant action by the Legislature, the losses in 1985 would have been even greater. Municipal Legislative Commission Background Page 5 The MLC was successful in restoring almost $2 million in local government aids to its member cities. It was also instrumental in the appointment of a commission to study the overall local government aids formula, a commission that has been active in the legislative interim and is closely monitored by the MLC." On other issues arising in the 1984 session, the MLC's influence was also felt. For example, the MLC lobbying effort helped develop a "feathering" provision for the cities' payment of the Metropolitan Transit Commission's subsidy. It also was involved in the creation of the Regional Transit Board, which will give suburban areas greater influence on the overall direction of the metropolitan transit operation. In the interim between sessions, the MLC also showed its growing influence by taking a strong stand on the management of the Public Employees Retirement Association (PERA). By threatening to withhold their employers' share of PERA contributions unless • major changes were made in the PERA board and its operation, the MLC helped spur the Legislature to act quickly on this important and controversial issue. THE MUNICIPAL LEGISLATIVE COMMISSION: THE SECOND SESSION --1985 The hallmark of the 1985 Session was a major income tax cut. Included as part of the Omnibus Tax Bill was a new local govern- ment aid formula that was aggressively supported by the MLC. For the first time, the MLC became a major influence in deve- loping a new formula. Enacted during the June Special Session, the new formula increased the amount of local government aid allocated to MLC cities from $14.5 million to $16 million, an increase of more than 118. In fact, 12 of the 16 cities received • the maximum increase permitted by law of 128. At the same time, the new formula began addressing the inquities of past local government aid formulas by limiting the amount of aid going to Minneapolis (28 increase) and St. Paul (8.18 increase). The 1985 Session also provided additional property tax relief to suburban residents. This was accomplished by increasing the homestead credit maximum from $650 to $700 and reducing the assessment ratio on higher valued homes from 30% to 29% in 1986,and to 28% in 1987. Other legislative changes that occured in 1985 which the MLC monitored included an appropriation which will fund sewer separation in the Metropolitan area, a new industrial revenue bond distribution formula and changes in the composition of Hennepin County's Regional Park Board. 4?/ • • Municipal Legislative Commission Background Page 6 The MLC had a successful 1985 Session. It not only achieved a new, more equitable local government aid formula,but just as important, most Capitol observers agree that it gained signifi- cant clout and played'a major role in developing policies which are advantageous to the residents of suburban areas. of cagan 3830 PILOT KNOB ROAD. P.O. BOX 21199 BEA BLOMQUIST EAGAN. MINNESOTA 55121 Maya PHONE: (612) 454-8100 THOMAS EGAN JAMES A SMITH November 13, 1985 JERRY THOMAS THEODORE WACHTER Cmimd Member DR PATRICIA M COOK THOMAS HEDGES 1201 SPOONBILL CIRCLE City ACmi Milo EAGAN MN 55122 EUGENE VAN OVERBEKE Ciry Ci Dear Dr. Cook: Thank you for your letter and comments regarding the status of emergency medical services for our community. The City of Eagan has recently adopted a position paper that is requesting consideration by major health care groups to provide a 24-hour emergency care facility within our community. This posi- tion paper, a copy is attached, was endorsed by the Eagan Chamber of Commerce, Economic Development Commission and City Council. The recent matter concerning Health Care One's ambition to seek ambulance service for the City of Eagan and surrounding communities has been addressed with Dave Miller, of Divine Redeemer Memorial Hospital, and area mayors and city managers. Health Care One's ambition to provide ambulance service to the City of Eagan and surrounding communities was carried out on their own volition. Our communities first priority is to locate a 24-hour emergency care facility while ambulance service is an option for the future. The City of Eagan is more than satisfied with the response and service that Divine Redeemer Memorial Hospital provides with its ambulance care unit. I discussed with Mr. Miller that the City of Eagan is not soliciting a new ambulance service. • Regarding the 24-hour emergency care facility, the City is hopeful that a major health provider will purchase land and make a commit- ment to construct and operate such a facility. Since the City is. not providing any kind cf tax incentives or other inducements, it will treat a medical complex in much the same way as other commercial facilities that are constructed within the community. Your comments shared in a November 1, 1985, letter are interesting and most helpful as we pursue and consider future health care needs. Your letter will be kept on file, and please feel free to contact me at any time regarding any additional discussion regard- ing this matter. Sincerely, Thomas L. Hedges City Administrator TLH/j L--- THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY November 1, 1985 Mr. Thomas Hedges City Administrator 3820 Pilot Knob Road Eagan, :iinn: sots 55121 Dear Mr. Hedges: DIVINE REDEEMER MEMORIAL HOSPITAL 724 Nineteenth Avenue North South St. Paul, Minnesota 55075 (612)450-4500 • I am writing you not only as an Emergency Medicine physician at Divine Redeemer Hospital, but also as a very concerned Eagan resident. Perhaps you will recall the October City Administrator's meeting at the Pannekoeken House at which time I re -introduced myself as the Eagan resident khan you assisted in the snow -plowing problem last winter. At this time I am again addressing a very big concern, not only personal, but affecting the entire community. This concern deals with the Emergency Medical Services of the conunzity. As an Emergency Medicine phitsician I am well aware of the present competition in the EMS area, particularly involving a new developing area with many new prospective medical possibilities. such as Eagan. It has come to my attention that you have requested a new clause to be added to the current Divine Redeemer EMB contract with your service area and that this very possibly arises frau offers made by our competitor Health One. I feel I have concerns to convey to you regarding Health One as I too was approached by them approximately 16 months ago to take a position in their Emergencv Roan at United Hospital. However, after 6 months tinder their employment, I found it • to be very disillusioning and disappointing. It was very difficult to approach the people in charge concerning problems, new ideas, or real.concerns, and they did not seem very interested once I had care tinder their employment. As I said the salesmanship was great, but in actuality it did not live up to its expectations and I returned to work at Divine Redeemer. I am also concerned about the poor reputation of the Smith Martin Ambulance Service which is the service that Health One has purchased and would be implementing in my cc mnnity. As a resident of Eagan I take a very personal interest in the EMS service given the area, should I or my parents, who also live in the community and have required much assistance in the past, require more assistance and service in the future. Since returning to Divine Redeemer and again working closely with the paramedics who service Eagan now, I am very personally involved in quality assurance to continue the quality of care at its highest 10 An American Health Management Hospital ^' PAGE 2 Letter to Mr. Thomas Hedges levels, with knowledgable, considerate, and professional personnel. I hope that you will take this letter seriously as you did w concern last winter. If you have any further questions or would like to discuss this in person at greater length, I would be happy to make myself available. Thank you very much. Sincerely, /�i. no -&4 Patricia M. Cook, M.D. 1201 Spoonbill Circle Eagan, MN 55122 cc: B. Blonquist, Mayor of Eagan Eagan Counselmen y� 0 0 BEERMANN SERVICES 6900 Dixie Ave East Inver Grove Heights, MN 55075 October 28,1985 City of Eagan 3830 Pilot Knob Road9 PO Box 21199 Eagan, MN 55121 Re: Eagan Cleanup Day • Dear Mr. Hohenstein: Here is a statement of tonnage taken in that you requested. 4 tons of trash for Pine Bend Landfill 15 yards of concrete & construction debris 75 tires 3 tons of recyclable materials 3 tons of appliances and metals 5 barrels of drain oil 10 batteries 5 yards of recyclable wood Goodwill Industries had approximately one—half trailer full. There were about 200 participants. This is only an approximation because we only kept a record of those who had a charge involved with the material they brought to us. We enjoyed working with your community and hope to be able to do so again in the future. Re have note as of this date, received your payment of $50.00, jac ly uzrsp C// Burnell E. Beermann 0 5 MEMO TO: THE HONORABLE MAYOR AND CITY COUNCIL TOM HEDGES CITY ADMINISTRATOR .FROM: REN VRAA DIRECTOR OF.PARRS AND RECRE DATE: NOVEMBER -13# 1985 SUBJECT: PURCHASE PROPOSAL — OHMANN PROPERTY A meeting (tentative) has been set up the week of November 18 with three members of the Ohmann family. Combined, these three members own 33.7 acres and are identified as parcels C, D and E on the attachment. Parcel F is owned by LaVerna who has indicated only a passing interest in selling. Negotiations with LaVerna will be held independently from the other three members who are interested and willing to sell at this time. Parcels A and B are of no interest to the City because of topography, vegetation, etc. Now that the estate for George Ohmann has completed and filed the estate tax return, it would be appropriate that we make a formal offer to the heirs for the parcels the City desires. We estimate that this land is valued at approximately $12,000 an acre. However, staff is aware that Derrick Land Company has or is about to submit an offer estimated to be between $12,500 and $14,500. Apparently this offer has been verbal and is based on settlement of taxes, etc. Staff would like authorization from the City Council to make a written offer for the three described parcels, as well as all of or at least a portion of Parcel F in the amount to be determined by the City Council. Staff is recommending that it be authorized a figure of $1,3,000 an acre. P Ren Viaa.a— • Director of Parks and Recreation RV/dk • • ----.Inn CLIFF RD. aw•.rw•t____ SURVEY OF — GEORGE OHMANN ESTAi 1 nano. 1 •? 1 PARCEL 4 ;t o i 1 ,I i¢ e I PARCEL B ' : .121 K. L =SEE "TAIWe w... 1IjL � I �.li .Y �'1 nun •w•rn. 1 .L i DETAIL :vo . J o PARCEL C u z. K. i .. m H i t � 9]l K II2 Si•---• ,, I;.I PARCEL D I• _—:_._... 11 27 K 1 i i PARCEL E -� � 11.11 � eIJ - I I I 1 II � PARCEL F ao la AC. I I 1 PARCEL O i 69p K Y s• b R i i PARCEL 1 ~ � IIM 11 •w•f'A't , H i t � 9]l K 3830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 November 18, 1985 MR FRED JOY, DAK CTY ADMIN DAK CTY GOVT CTR 1560 HWY 55 HASTINGS MN 55033 Re: Centralization of Countv Facilities Dear Mr. Joy: BEA BLOMOUIST Moya THOMAS EGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER CWMd Members THOMAS HEDGES City ACmotsftWu EUGENE VAN OVERBEKE City Clete Recently, Commissioner Steve Loeding attended a Mayor/Manager Break- fast in West St. Paul and discussed the future location of County- wide facilities. Apparently, Dakota County is considering several public facilities that could total up to $35 million and obviously, the location of these public facilities is of great importance to the County's constituency. The City of Eagan is experiencing rapid growth which appears to be typical of northern Dakota County. In order to consider centraliza- tion of County facilities to the constituency, both geographical and population centers should be strongly considered when future public facilities are funded and constructed within our County. In official action that was taken by the Eagan City Council, ata special meeting that was held on Tuesday, November 12, 1985, .a resolution was enacted that strongly encourages the Dakota County Board of Commissioners to acquire land and construct future County facilities in locations that consider 1) a central geographic location, taking into consideration interstate and County highway accessibility, and 2) the present and future population center. A copy of that resolution is enclosed for your review. The information that was sent to the City by Commissioner Loeding has been very helpful and on behalf of the Eagan City Council, we are very appreciative of our County commissioners taking the time to share their long-range, public -facility planning objectives with - our communities. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY -LETTER TO DAKOTA COUNTY ADMINISTRATOR NOVEMBER 14, 1985 PAGE TWO If I can be of any assistance or provide some discussion at a future County Board meeting on the significance of centralizing County facilities, I would be more than happy to provide my assis- tance. Sincerely, O lva,�yV,L- Thomas L. Hedges 'City Administrator cc: Chairman & County Commissioner Russ Streefland County Commission John Voss County Commissioner Joseph Harris • County Commissioner Gerald Hollenkamp County Commissioner Steve Loeding Mayor Will Branning, Apple Valley Mayor Connie Morrison, Burnsville Mayor Patrick Akin, Farmington Mayor Duane Zaun, Lakeville Mayor Lu Stoffel, Hastings Mayor William Saed, Inver Grove Heights Mayor Robert Lockwood, Mendota Heights Mayor Leland Knutson, Rosemount Mayor Ken Kube, W. St. Paul TLH/kf i CITY OF EAGAN RESOLUTION CENTRALIZATION OF COUNTY FACILITIES WHEREAS, the Dakota County Board of Commissioners is proposing a major capital improvements program to fund the construc- tion and location of certain public buildings within Dakota County; and, WHEREAS, the Dakota County Board of Commissioners has determined these public facilities are needed for the purpose of serving residents throughout Dakota County; and, WHEREAS, geographic location in population centers are an important consideration when public facilities are planned providing for the delivery of County services. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan strongly encourages the Dakota County Board of Commissioners t� acquire land and construct future County facilities in locations . that consider 1) a central geographic location taking into consider-. . ation Interstate and County highway accessibility, and 2) the present and future population center. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: • Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution - was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of November, 1985. E.J. VanOverbeke, City Clerk City of Eagan /6 EAGAN CITY COUNCIL REGULAR MEETING NOVEMBER 19, 1985 CITY ATTORNEY CITY ADMINISTRATOR 1. Personnel A. Hiring of Deanna Kivi as Special Assessments Clerk B. Addition of PHP to the City's Health Insurance Program • 2. Postal Center 3. Mega -Mall DIRECTOR OF PUBLIC WORKS 1. Final Plat Approval, Hillandale Addition #3 (Michael Construc- tion, Inc.) 2. Proposed Eagandale Office Park 3rd Addition Sanitary Sewer Connection (Trammel Crow Company) • INFORMATIVE MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 18, 1985 SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY There are no items to be listed under City Attorney. CITY ADMINISTRATOR Item 1. Personnel --Two (2) Personnel Items have been submitted for consideration by the City Council since the packet was developed on Friday. A. Hiring of Deanna Kivi as Special Assessments Clerk --Over • 40 applications were received for the City's vacant assessment clerk position. After screening these applications, 14 applicants were given a two-hour written examination. Applicants receiving the top six scores were then interviewed by the Finance Director and Administrative Assistant Duffy who is in charge of Personnel. It is the recommendation that Deanna Kivi of 2053 Quartz Lane be hired to fill the vacancy. Since Ms. Kivi is presently a part-time clerk typist in Administration, it will be necessary to authorize the filling of the new vacancy. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Deanna Kivi as Special Assessments Clerk and authorize the adver- tisement to fill the vacant clerk typist position. B. Addition of PHP to the City's Health Insurance Program --The Director of Finance and Administrative Assistant Duffy have received • a number of requests to add Physicians Health Plan (PHP) to the City's health insurance program, in addition to Group Health and MedCenter Health programs. The reason presented was that when Mutual Service Insurance withdrew from the program, employees lost. the option to chose their personal physician. These employees were then requestinga plan such as PHP which would replace MIS in the City's program in addition to the existing HMO's. A meeting of the Insurance Committee was held on November 7. Representatives were present from all three health plans. There are obviously pros and cons to adding the third HMO; however, after members of the Insurance Committee polled the employees who they repre- sented, a majority of the employees were in favor of adding PHP to the present program. Therefore, it is the recommendation of the Insurance Committee that this be formally approved by the City Councilat the 11/19/85 meeting so that the open enrollment period for all three programs may be held in early December as usual. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the addition of a Physicians Health Plan to the City of Eagan's present health insurance program. to �- Item 2. Postal Center --Mayor Blomquist is suggesting that the City Council discuss plans the U. S. Postal System has for locating an administrative processing postal center in the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: There is no action to be taken on this item at this time. Item 3. Mega -mall --Mayor Blomquist asked that this letter be shared with the City Council to determine whether formal support should be given to this request. (Letter enclosed on page (s)& - 0.) ACTION TO BE CONSIDERED ON THIS ITEM: Action required would be in the form of support for the Mega -mall by the City of Bloomington and Simonson Realty, Inc. DIRECTOR OF PUBLIC WORKS • Item 1. Final Plat Approval, Hillandale Addition #3 (Michael Construction Inc.) - We have received a request for final plat approval for the above referenced subdivision. All conditions placed in the preliminary plat approved by Council action on May 15, 1984 have been complied with in this final plat application. In addition, all final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. A copy of the proposed final plat is included on page ,[(L. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Hillandale Addition #3 and authorize the Mayor and City Clerk to execute all related documents. r1 LJ Item 2. Proposed Eagandale Office Park 3rd Addition Sanitary Sewer Connection (Trammel Crow Company) --Staff is in receipt of .a request from the developer's engineer for sanitary sewer service to the Sperry headquarters site within the proposed Eagan dale Office Park 2nd Addition. This sanitary sewer service must be connected to an existing 21" trunk sanitary sewer owned by the Metro Waste Control Commission. A representative from the MWCC indicated they require the Council to .pass a resolution stating that the proposed connection is consistent with Eagan's overall sanitary sewer plan and that they approve of the proposed connec- tion. • • Staff recommends Council approve this request because the MWCC sewer line is the appropriate and most cost-effective means of providing service to the Sperry Headquarters site. The developer will be required to obtain a permit from the MWCC for the actual connection upon Council approving this resolution and they will subsequently have to abide by the MWCC regulations and specifica- tions for such connection. Enclosed on page// Z is a copy of the location sketch. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution stating that the proposed sanitary sewer connection for the proposed Eagandale Office Park 3rd Addition (Sperry Headquarters) is con- sistent with Eagan's overall sanitary sewer plan and that the Council approves the proposed connection. INFORMATIVE Benefits of Treatment Plant Operation --Enclosed on page 1/3 is a memo from our Superintendent of Utilities identifying some of the benefits we are already experiencing from recent implementation of the Water Treatment Plant into our system. It's very pleasing and exciting to see such positive effects on not only the quality of the product produced for our residents but also the cost savings incurred by the City in delivering that product. 140,5 SIMONSON REALTY, INC. 686 WEST 92ND STREET • BLOOMINGTON. MINNESOTA 55420 • 161 21 884-7152 November 14, 1985 The Honorable Bea Blomquist Mayor of Eagan 4504 Oakchase Road Eagan, MN 55123 isr Mayor Blomquist: Enclosed is the latest fact sheet explaining the proposed financing package being requested by Bloomington for the Mall of America. The exemption of the site from the fiscal disparities pool is, of course, the controversial portion. The former Metropolitan Stadium site has always been exempt from the fiscal disparities pool, however, so there is no "loss" from the pool. I hope you will allow the Citizens Committee To Win One For Minnesota to use your name on the letterhead and list you as one of the members in a press release. The members are citizens from throughout the state who believe that the Mall of America will bring new jobs and new tax revenues to our state. I will look forward to hearing from you. My home telephone number is 881-5975. .Thank you for your help. Oncerely yours, Sondra R. Simonson SRS: td Enc. C11SPECIALIZING IN COMMERCIAL, INDUSTRIAL /�� RTMENT PROPERTY FOR USE OR INVESTMENT Rf®D QUESTIONS AND ANSWERS ABOUT TRE BLOOMINGTON MEGA MALL PROPOSAL The Bloomington legislative delegation recently proposed a plan for financing of the Mall of America also known as the Mega Mall. Following are some of the most commonly asked questions about the project. ROW WILL THE PROJECT BE FINANCED? All financing for the subsidies required from the City of Bloomington, as part of its development agreement with Triple Five Development Corporation of Edmonton, Alberta, would be generated solely by Bloomington taxes. These funds would be generated by: 1) An exemption for the specific BB acre Bloomington site from the Fiscal Disparities Pool which is similar to exemptions granted to other metropolitan area cities by the original legislation. 2) Other sources of tax revenues would be new taxes on hotels, motels and liquor -by -the -drink (on -sale liquor) establishments in Bloomington.. 3) Establishment of a "special service district" -.limited to the site only - which would have a local -option sales tax of up to a maximum of 1% within this special district. • WHAT ARK THE COSTS OF THIS PROJECT TO MINNESOTA AND ITS TAXPAYERS? WHAT ARS TH6 BENEFITS OF—THE PROJECT TO HUMSOTA? • COSTS: Under the proposed financing authorities requested from the Minnesota Legislature, there would be no cost to the taxpayers of Minnesota', no state subsidies to the project, no tax forgiveness of any kind, and no risk to Minnesota taxpayers related to the eventual success or failure of the project. BENEFITS:' The main benefits will include new jobs, new tax revenues for the State, a major new attraction which benefits tourism -- one of the state's largest industries --and a major new business investment in Minnesota. Questions & Answers Page 2 Many studies have been done on the project and their benefit estimates vary. The most conservative figure's -- the worst case numbers -- indicate an overall positive impact from development of the Mall of America. • Net new full-time equivalent jobs to Minnesota range from 12,000 jobs under the most conservative estimates, to 28,000 jobs. New annual tax revenue estimates to the state range from $65 million TO $119 million. The most conservative estimates are for $509 million in overall new state revenues during the first ten years of the project's construction and operation. * Over 3 million tourists are expected to visit the "Mall of America" each year. These tourists would account for as many as 12 million additional • tourist days for Minnesota's tourism industry. WHAT IF THE PROJECT FAILS TO MEET ITS PROJECTIONS AND DORS NOT SUCCEED FINANCIALLY? WHAT ARE THE RISKS TO THE STATE? The State of Minnesota has absolutely no risk in the project, nor does any _ Minnesota taxpayer. All the risk is being ,assumed by the developers and the. private lending institutions which have committed the financing for the project. Private investors will assume the risk from the City of Bloomington by purchasing the tax increment revenue bonds which finance the City's portion of the project. The Triple Five Corporation x111 guarantee bond payments with,a letter of 'credit. In order to obtain financing for the project, the Triple Five Development Corporation will collaterize its own assets and its interests in other operating developments to guarantee the private loans. The developers have substantial personal and corporate risk in the project and, therefore, significant incentive • to insure its success. Bloomington has agreed to provide an operating subsidy to the project, but only so long as the project is developed in accordance with the developer's promises and plans. WHAT IMPACT WILL THE PUBLIC IMPROVEMENTS REQUIRED BY THE PROJECT HAVE ON THE EXISTING PLANS FOR HIGHWAY AND OTHER PUBLIC IMPROVEMENT PROJECTS THROUGHOUT MINNESOTA? There will be no displacement of current or planned highway improvements anywhere in Minnesota because of the Mall of America. Even with no new development on the stadium site, major highway improvements along Interstate Highway 494 will be required. Development has occurred rapidly in the southern sector of the metropolitan area, demanding major highway improvements. These improvements can be financed through state transportation bonds so that they can be constructed without displacement of any other projects. These improvements can accommodate traffic to new development on the stadium site, avoiding extra costs of modifying plans developed without the Mall of America in mind. 2 Questions h Answers Page 3 24 YEARS, WOULDN'T OF PROVIDING LAND Most development which begins with substantial up -front commitments from local communities leaves the community without ongoing leverage on the developers and their plans. The size and scale of this project, combined with a demanding and agressive development timetable, requires that the City of Bloomington remain an active participant in the development process. The innovative performance-based assistance package developed by the City of Bloomington maintains the kind of incentives and assurances needed to see that the benefits to the City and to the State of Minnesota will be realized as planned and promised. No portion of the subsidy is designated to assist capital investment -in the • mall development or subsidize retail operations. The subsidies will be dedicated to: 1) repay the bonds for public infrastructure improvements; 2) finance a portion of Triple Five's national advertising and promotional program for Minnesota tourism and the Mall of America and, 3) to pay for the costs of operating and maintaining the parking structure during the time the TIF bonds are outstanding. (Note: TIF bonds will provide funding for construction of the parking structure.) All of these payments are intended to ensure that the project will realize its economic potential, that the public TIF investment is secure, and the improvements made by it are maintained. NOW DO THESE SUBSIDIES COMPARE TO MINNEAPOLIS' PROPOSAL FOR A CONVENTION CBNTER? The major difference between the two proposals is that the Bloomington project uses 100% private finaneing.for the capital construction costs of the project, • while Minneapolis would use 100% public financing for capital construction costs of its convention center. WHY CAN'T THIS PROJECT WAIT FOR THE REGULAR SESSION OF THE LEGIS eTURE? Bloomington's development agreement with the Triple Five Corporation recognizes the need for legislative action by December 1, 1985, because: - Pending legislation in the U.S. Congress is likely to remove the tax exempt status of tax increment bonds issued after December 31, 1985; and, - Critical decisions and expenditures of money by Bloomington are dependent on the timetable established in the Development Agreement; and, - Terms of the Bloomington Port Authority bonds used to purchase the Metropolitan Stadium site require the City to receive the developer's initial payment for the land by September, 1987; and, • • Questions & Answers Page 4 The time required for highway design ,and construction requires that expensive final design,-must•'begin this year -'and be completed 'soon after the Legislature's 1986 regular session if highways are to be,completed in time to serve the Mall of America which :can open for business' three years from today. 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We have re- ceived many comments on water bills, how happy the customers are with the quality of the water they are now receiving. One lady said the first time she has seen the bottom of -her bath tub in 20 years. Sperry Univac has called and remarked how pleased they are with the changes the treatment plant has made. Not only have we heard good things here and at City Hall, but we see good things,for example, the following figures show water saved flushing is hydrants. Spring 1982 - 30,983,000 gallon used. Fall 1982 - 34,784,000 gallon used. Spring 1983 - 21,812,000 gallon used. Fall 1983 - 38,112,000 gallon used. Spring 1984 - 24,086,000 gallon used. Fall 1984 - 31,888,000 gallon used. Spring 1985 - 20,822,000 gallon used. Fall 1985 - 6,508,000 gallon used. It took 498 man hours to flush hydrants la3 fall,but only 216 man hours this fall. A saving of 282 man hours. The figures show a savings of 14 to • 20 million or more gallons per flushing. The savings of water and man hours makes the plant a plus for the City. With the high cost of,electric power this may turn out to be the biggest saving in the long run. Needless to say with the extra man hours the utilities department has been able to spend more time on other tasks within the utilities section. must say it is a joy to put together such a positive report. s AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL NOVEMBER 19, 1985 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES P.( III. 6:40 - METROPOLITAN COUNCIL REPRESENTATIVE/MARY MARTIN P.3 IV. 6:45 - DEPARTMENT HEAD BUSINESS A. Fire Department B. Police Department V. 6:55 - CONSENT AGENDA p. y A. P • L3 G. P. I$ H. P.rS J. P./7 K. F,19 L. -%c l e C. Park & Recreation Department D. Public Works Department Personnel Items Contractor Licenses 1986 Cigarette Licenses Cigarette & Off -Sale Beer Licenses for Tom Thumb Approve Consulting Engineer's 1986 Rate Schedule Approve Excavation/Grading Permit E%13-205 (Windtree 5th Addition Project 423 -Alternate, Receive Feasibility Report/Order Public Hearing (Group W Cable) Project 458, Receive Feasibility Report/Order Public Hearing (Eagandale Center Industrial Park - Storm Sewer) Release City Interests, Cliff Road Street Easement (Lot 10, Block 3, Clearview) Final Plat Approval, Thomas Lake Place Apartments (Dominium Group) Vacation of Drainage & Utility Easements, Receive Petition/Order Public Hearing (Town Centre 70) Project 467, Receive Petition/Order Public Hearing (Wescott Road - Street and Utilities) VI. 7:00 - PUBLIC HEARINGS P.a 0 A. Public Hearing to Consider Multifamily Housing Revenue Bonds in the Amount of $10,000,000 for Thomas Lake Place Apartments (Dominium Group) P•as B. Public Hearing, Project 459R, Brittany 9th Addition (Streets & Utilities) Tollefson Builders C. Public Hearing for Preliminary Plat, Town Centre 70 -Phase II P y�o (Federal Land Company) for a Commercial Shopping Center, Located in Part of the NW 1/4 of Section 15, SE Quadrant of Pilot Knob and Yankee Doodle. VII. OLD BUSINESS VIII. NEW BUSINESS P.S q A. Conditional Use Permit (Norm Poquette) for an On -Site Apartment & Zero Lot Line Variance for a Mini Storage on 1.7 Acres, Lot 2, Block 1, Cedar Industrial Park Located in the SW 1/4 of Section 17, Seneca Road. P•s9 B. Conditional Use Permit (Diane Hawkins) for an In -Home Beauty Salon Located in an Agricultural District in Part of- the SE 1/4 of the NW 1/4 of Section 36, Dodd Road. p-U'� C. Conditional Use Permit (Don Klober) for a Business Advertising Sign for Century 21 Located on Lot 2, Block 2, Century Addition in Part of the SW 1/4 of Section 9 Q.7D D. Conditional Use Permit (Tollefson Builders, Inc.) For an Extension of a Temporary Model Home in Brittany 1st Addition, Lot 4, Block 2, Located in Part of the SW 1/4 of Section 33. E. Conditional Use Permit (Driscoll Miller Investment, Inc.) for On -Sale Wine & Beer at Slicers Pizza, Lot 1, Block 2, Cedar Cliff Commercial Park Addition Located in Part of the SE 1/4 0� Section 30 I%. ADDITIONAL ITEMS 80A. Contract 85-26, Receive Bids/Award Contract (Wells #8 & #9) P.QYB. Contract 85-27, Receive Bids/Award Contract (Eagandale Court - Streets & Utilities) X. VISITORS TO BE HEARD (for those persons not on the agenda) X.I. ADJOURNMENT • E MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM:` CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 15, 1985 SUBJECT: AGENDA INFORMATION After approval is given to th Council minutes, November 12 between the City Council and after approval of the agenda Council meeting, the following tion: e November 4, 198 special minutes of Advisory Planning for the November items are in order P 1,2 - 5, regular City Joint Meeting Commission, and 19, 1985, City for considera- Our Metropolitan Council representative, Mary Martin, has approached Mayor Blomquist about issues that are pertaining to barge movement on the Minnesota River and metropolitan impact relating to the proposed mega -mall to be located in the city of Bloomington. Mayor Blomquist suggested that Metropolitan Council representative Martin appear at the next regular City Council meeting and share the information regarding those issues with the City Council. Other questions relating to the Metropolitan Council would certainly be in order at the time Mary appears at the meeting on Tuesday. For additional information regarding Metropolitan Council repr-e- sentative Martin's appearance, refer to the attached letter found on page oti . There is no official action known a to be discussed by Metropolitan Council L J t this time for representative M the items artin. 3630 PILOT KNOB ROAD. P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 November 14, 1985 MARY MARTIN METRO COUNCIL REP 1102 GRAND AVE ST PAUL MN 55101 0IDear Mary: BEA BLOMQUIST' MMM THOMAS EGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER Counci Memaea THOMAS HEDGES City Ad riistrata EUGENE VAN OVERBEKE City Clete Our next regular City Council meeting is scheduled for Tuesday, November 19, at 6:30 .p.m. At the request. of Mayor Blomquist, you are scheduled early in the agenda at approximately 6:40 p.m. Apparently, the Metropolitan Council has been reviewing an issue relating to barge traffic on the Minnesota River and also the MegaMall proposal for the City of Bloomington. Your comments on both of these issues, along with any other matters being con- sidered by the Metropolitan Council, would be most helpful to our City Council. Please let me know if this timetable causes any problem for your schedule; otherwise, we will look for you on Tuesday, November 19. Sincerely, Thomas L. Hedges City Administrator TLH/kf THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Agenda Information Memo November 19, 1985, City Council Meeting Page Two DEPARTMENT HEAD BUSINESS A. FIRE DEPARTMENT There are no items to be considered under Fire Department at this time. B. POLICE DEPARTMENT; There are no items to be considered under Police Department at this time. C. PARKS & RECREATION DEPARTMENT • There are no items to be considered under Parks & Recreation Department at this time. D. PUBLIC WORKS DEPARTMENT There are no items to be considered under Public Works Department at this time. 10 Agenda Information Memo November 19, 1985, City Council Meeting Page Three There are thirteen (13) items on the agenda referred to as consent items requiring one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Additional Items unless the discussion required is brief. PERSONNEL ITEMS A. Personnel Items -- 1. Police Officer Lori Tripp is requesting a leave without pay for a period of more than 30 days. Officer Tripp is on a medical leave and as soon as her sick leave terminates, it will be necessary to activate the leave of absence according • to the Personnel Policy and Police Association Contract. Since the term of the medical disability is uncertain and her approval to return to full police officer work must be determined by her doctor, the following motion is suggested: ACTION TO BE CONSIDERED ON THIS ITEM: To approve a leave of absence beyond 30 days due to a medical disability for Officer Lori Tripp and, further, that the leave of absence will continue for such a period until her doctor declares in writing to the City of Eagan her ability to resume duties as a police officer. Special Note: The leave of absence will be activated once Officer Tripp's bank of sick leave is used. According to the Personnel Ordinance and Union Contract, any leave of absence exceeding 30 days must be approved by the City Council. 2. The City of Eagan is required by OSHA regulations to implement an ongoing hearing conservation program. Because the city of Bloomington has already developed such a' program using their own health personnel, the City of Eagan contracted with that community to implement such a program for all Eagan personnel during 1984/1985. Last year, the cost to the City of Eagan was $900 plus an additional cost of $35 per employee over 20 employees who participate in the program. Now that the program has been established, there is a cost reduction to our City. The total cost .to Eagan for 1986 is $800 which includes the following components: 1. Planning. 2. Eagan hearing program review and update. 3. Field work and posting which is the equipment noise measurement data analysis. 4. Eagan employee education. 5. Employee screening.. 6. Educational materials. 7. Audiologist consultation. r Agenda Information November 19, 1985, Page Four Memo City Council Meeting In order to continue compliance with the hearing conservation program, it is recommended that the City continue this service through the city of Bloomington. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize execution of agreement with the city of Bloomington in the amount of $800 to continue- the hearing conservation program services for City of Eagan employees. CONTRACTOR LICENSE B. Contractors License -- The following is a list of contractors who are renewing or who have been selected and retained as the builder by a customer either living in or planning to reside in Eagan. These contractors have references from other munici- palities or their client permit applications are awaiting City Council anoroval for a contractor license. General Contractors 1. Globe Builders, Inc. 2. Richardson Construction 3. Al Sieben Construction Plumbers 1. H.I.H. Plumbing Company, Inc. 2. Money-Ridler Plumbing & Heating 3. Bruce Nelson Plumbing 4. Nova Frost, Inc. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the contractor license as presented. 1986 CIGARETTE LICENSE C. 1986 Cigarette License. -- Administrative Assistant Witt has prepared the 1986 cigarette license renewals. There are now 45 vendors responsible for approximately 75 cigarette machines throughout the City of Eagan. The annual fee of $25 per machine is in effect. For a copy of those license renewals, refer to pages. .# through _. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 1986 cigarette license renewals as presented. - Airliner Motel Jack L. Hulbert Brooks Superette Pui Man Wong A & J Enterprises 4225 Cedar Ave. S 2788 Hwy 55 6943 Washington Ave. S Eagan, MN 55122 Eagan', MN 55121 Minneapolis, MN 55435 Michael Benson North Country Vending 9895 180th St. West Lakeville, MN 55044 Cedarvale Liquor Applebaum Companies 3900 Beau d'Rue Dr Eagan, MN 55122 Viking Pioneer 5200 West 74th St. Edina, MN 55435 Carbone's Pizza 1665 Yankee Doodle Rd Eagan, MN 55121 Kreager Vending 1340 Charlton St West St. Paul, MN 55118 Twin City Vending 1065 East Hwy 36 St. Paul, MN 55109 00 untry Club Market Tom MacIntyre 000 France Ave. S. 6273 Sumter Ave. N St. Louis Pk, MN 55416 Brooklyn Park, MN 55428 ATTN: Harold Rehaume RobMar Enterprises, Inc. 5010 Circle Downs Golden Valley,MN 55416 Theisen Vending 3804 Nicollet AVe. S. Minneapolis, MN 55409 Peter Kortinakis 6004 Lower 131st St Apple Valley, MN -55124 Jan's Cafe 3150 Dodd Road Eagan, MN 55121 Mediterranean Cruise Hussein Ansari 3945 Sibley Mem. Hwy Eagan, MN 55122 Hanna Nasr, Mr. Donut 3808 Sibley Memorial Hwy Fagan, MN 55122 Donaldson Co. Inc. P.O. Box 1299 Bloomington, MN 55440 Eagan Servicecenter 4195 Nicols Rd EAgan, MN 55122 Tiziano Fontanive TML Coin Operated Machine P.O. Box 35744 Edina, MN 55435 Jerry Lehmann's Cafe 2805 Hwy 55 EAgan, mN 55121 Mendota Skelly . 3150 Dodd Road Eagan, MN 55121 Harold Awe Co. i (D 1372 Scheffer 60 St. Paul, MN 55116 D.V.M. Inc. 119 State St. St. Paul, MN 55107 Advance Carter 850 Decatur Ave. North Minneapolis, MN 55427 Servomation Corp. 7490 Central Ave. NE Fridley, MN 55432 Diamond T Ranch 4889 Pilot Knob Road Eagan, MN 55122 Durnings 4625 Nicols Rd. EAgan, mN 55122 Eagan Standard 4205 Nicols Rd Eagan, MN 55122 House of Wing Wing Seto 4030 Cedarvale Dr Eagan, MN 55122 LaFonda de Acebo 3665 Sibley Memorial HWN EAgan, MN 55122 ARA Food Services 2830 N. Fairview St. Paul, MN 55113 Donald Larsen 7710 Penn Ave. S Richfield, MN 55423 PDQ Perkins Cake & Steak Q Petroleum James Shelton 3840 Sibley Mem Hwy 8148 Pillsbury Ave. S. 607 E 77th St. Minneapolis, MN 55423 Eagan, MN 55122 Minneapolis, MN 55420 Interstate United 1091 Pierce Butler Rte St. Paul, MN 55104 Starks Saloon 3125 Dodd Road Eagan, MN 55121 ARA Services 3333 Pilot Knob Road Eagan, MN 55121 Sinclair Marketing, Inc 3946 Cedar Ave. S Eagan, MN 55122 Superamerica 1240 W. 98th St. Bloomington, MN 55431 ATTN: Kathy Yankee Drug & Gift Richard Matuseski 1446 Yankee Doodle Rd Eagan, MN 55121 7 Snyder Drug, Inc. 14525 Highway # 7 Hopkins, MN 55343 Tom Thumb Wallace Pettit 9968 160th St. E. Hastings, MN 55033 Drugs Plus 2119 Cliff Road Eagan, MN 55122 ATTN: Linda Skartvedt • Agenda Information Memo November 19, 1985, City Council Meeting Page Five CIGARETTE & OFF -SALE BEER LICENSE FOR TOM THUMB D. Cigarette & Off -Sale Beer License for Tom Thumb -- The Tom Thumb Grocery located at 2125 Cliff Road is requesting a cigarette and off -sale beer license for their new store. Captain Geagan, of the Eagan Police Department, has reviewed the beer license application and finds no public safety reason for denial. For a copy of those license applications, refer to pages __q_ through _/V__ ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the cigarette and off -sale beer license for the new Tom Thumb store to be located at the west end of the Cedar Cliff Shopping Center. • • 3830 Pilot KNob Road CITY OF EAGAN 454-8100 P. O. Box 21-199 APPLICATION FOR LICENSE Eagan, MN 55122 I, %{e R8 Rr / O.r/ hereby make application for ciGARErTf// License for the year /�gS fromtheCity of Eagan. %m Tu MO hto0 AURKE75. jive. ` '''• //0 E /7• UnT/. ,�/ /^ .rfo33 �• TM -7 u.NIB fano Mxr. `~M` � 2/aS lid%FP /COAD 4t-.25-9 LAGAN MN (�lz� If corporation or partnership: Name & address of partners or corporate officers:/ �iJR"ACE Yer7-jr !%ien•O Knna MAI iiws Municipalities presently licensed: &RNsrjG,F , In/veR 6ROVE f%/eHTs e7C Municipalities which have denied licenses to applicant: AIO,ve •IMIM.N.NNIN• : n a• •a CHECK CORRECT BLANK 1. PLUMING & CESSPOOL INSTALLER & MN Master Plumbers License # OUTSIDE SEWER & WATER CONNECTIONS $2000.00 Bond & Certificate of Insurance. State Insurance No. State Bond No. 2. WATER SOFTNER LICENSE State Water Cond. Contractors License Number $2000.00 Bond & Certificate of Insurance. 3. WELL DRILLERS LICENSE MN State License # $2000.00 Bond & Certificate of Insurance. RUBBISH HAULERS LICENSE q. $40.00 First Truck, 20.00 each additional - truck. $2000.00 Bond & Certificate of Insurance. ENCLOSE SCHEDULE OF RATES ALSO. 5`(( CIGARETTE LICENSE $25.00 a year each machine. NUMBER OF MACHINES - ooar ce...iw- KENNEL LICENSE 5 $50.00 Initial & $25.00 Renewal. Make check payable to: CITY OF EAGAN. Licenses are issued for a one (1) year period and there is NO PRORATED FEE on any license. Licenses will be issued to individuals or firms who are qualified for the particular license applied for. Failure to provide . true and correct information shall constitute a violation of the ordinance in question and in addition to the penalties prescribed for violation of the ordinace in question, the license of any applicant may be revoked. OFFICE USE ONLY: LICESE NO. DATE ISSUED: .74 4.1 MFn �i ♦ �~ Y L _I a i 1 [ - }'j , y� y 'Ct o fYyA�+�+ 4 1 x�t�,r, a .' %Y ` . • . r+ .�, - r i�a r.. -0] i� V `°� fir, �+�, '. TOTAL FEE A�D,o0 RECEIPT NO. PREPARE IN DUPLICATE CITY OF EAGAN 3830 Pilot Knob Road EAGAN, MINNESOTA 55122 APPLICATION FOR NON - PLEASE PRINT APPLICANT /(OCH. Ne,23ERr LAST ^^ FIRST MIDDLE ADDRESS /q cF S tYS TIL R NO STREET "� 14AsrrNGs /j/%/y d'fo 33 CITY STATE ZIP PHONE �/� - 3 z a a BIRPFIDATE 3 - /S - •2(v FIRM NAME.73/✓-7;am i FOOD NM,qR/CCT ADDRESS -�/,�S [D�iFF ROAD STREET NEW RENEWAL LICENSE NO. MALT LIQUOR LICENSE DATE /O -.�94 OWNERS NAME -ro-m �'Huma )Coop N)ARKETS, rite. LAST FIRST MIDDLE ADDRESS //p E /7yR �. STREET #,gsriNGs /J�/V rsa33 CITY STATE ZIP PHONE W: US N91: �Gu1S ADDIESS STREET EAG?IV MN .rraa CITY STATE ZIP CITY STATE ZIP• PHONE H5 y - q 86 F PHONE BIRTHDATE PLEASE CHECK ----------ON SALE OFF SALE x HEREBY APPLIES FOR NON -INTOXICATING LIQUOR LICENSE FOR THE-4y�L YEAR FRU-1 // — — S'.S TO /.t . EVENT: Month Date Month Date ARE YOU THE ACTUAL PROPRIETOR? YES ()0 NO ( ) LOCATION: ,1/,2.5 GcirF RLQ ADDRESS ARE YOU THE OWNER OF THE PROPERTY OF THE BUSINESS LOCATION? YES ( ) NO (X) HAS ANY CIPHER LICENSE OF THIS KIM BEEN GRANTED TO YOU? YES (K) NO ( ) WHERE (/ARious ARE YOU A CITIZEN OF THE UNITED STATES? YES (X) NO ( ) City,Year ARE YOU A REGISTERED VOTER? YES (X) NO ( ) CITY fiAsriii/Gs� /YIN HAVE YOU EVER BEEN CONVICTED? YES ( ) NO (A) CITY (Other than a-traffic.offense) If joint amership or if a silent partnership is involved, specify couplete names, dates of birth, addresses and telephone number for everyone concerned. YES (X) NO ( ) If YES, please list on the back or on separate sheet, all the information recuired. I HEREBY VERIFY THAT THERE HAS BEEN NO CHANGE IN OWNERSHIP OR MADS IN THE PAST YEAR. THE LICENSEE HEREBY AGREES TO INDEMNIFY AND HOLD EAGAN HARNESS FROM ANY AND ALL CLAIMS OR SUITS INCLUDING ATTORNEYS FEES AND OTHER DEFENSE COSTS, WHICH THE CITY OF EAGAN MAY INCUR BY REASON OF ANY ACTIVITIES ARISING -FROM THE GRANT OF THIS 3.2 BEER LICENSE. I (we) HEREBY AGREE TO OPERATE SUCH BUSINESS IN ACCORDANCE WITH THE LAWS OF MINNESOTA AND THE ORDINANCES OF THE CITY OF EAGAN. THE FOSTATIT7ENPS ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. AUTHORIZED SICkRTURE x Z. //,1 " FOR CITY ONLY POLICE APPROVAL: YES } NO ( ) SIGNED kADATED CITY COUNCIL APPROVAL: YES ( ) NO ( ) SIGNED DATED O f Agenda Information Memo November 19, 1985, City Council Meeting Page Six CONSULTING ENGINEER'S 1986 RATE SCHEDULE E. Approve Consulting Engineer's 1986 Rate Schedule -- We have received a request for approval of the proposed 1986 rate for engineering services from the consulting firm of Bonestroo, Rosene, Anderlik & Associates, Inc. The 1986 schedule quotation "B" to our ongoing agreement for professional services is enclosed on pageindicating an approximate 5% increase over the existing 1915-9—schedule. ACTION TO BE CONSIDERED ON THIS ITEM: of consulting engineering services. 0 To approve the 1986 schedule SCHEDULE B 1986 CLASSIFICATION HOURLY RATE 1985 1986 8 INC. Principal Engineer $47.25 $49.50 4.8 Registered Engineer 42.75 45.00 5.3 Graduate Engineer & Field Supervisor 34.25 36.00 5.1 Senior Draftsman N/A 33.50 N/A Senior Technician 28.50 30.00 5.3 • Technician 21.00 22.00 4.8 Word Processor 21.50 22.50 4.7 Clerical 16.25 17.00 4.6 Attendance at Regular Council Meetings 40.00 40.00/Mtg. 0 REIMBURSABLE EXPENSES Reproduction, Printing, Duplicating • Out -of -Pocket Expenses such as Meals, Lodging, Stakes, Telephone Calls, Etc. Mileage At Invoice Cost At Actual Cost $0.20/Mile /A_ Agenda Information November 19, 1985, Page Seven Memo -City Council Meeting EXCAVATION/GRADING PERMIT/WINDTREE 5TH ADDN. F. Approve Excavation/Grading Permit EX13-205 (Windtree 5th Addition) -- We have received an application for an excavation/ grading permit for the area proposed to be platted as the Windtree 5th Addition. All application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. - ACTION TO BE CONSIDERED ON THIS ITEM: To approve Grading Permit EX13-205 (Windtree 5th Addition). • FEASIBILITY REPORT/PUBLIC HEARING/GROUP W CABLE G. Project 423 -Alternate, Receive Feasibility Report/Order Public Hearing (Group W Cable) -- On November 20, 1984, the public hearing was held to discuss the proposed street improvements to service the Group W Addition. After considerable discussion pertaining to the extent of proposed improvements and the impact on the adjacent undeveloped property to the south, the Council directed an alternate be prepared to- discuss the full street improvement across the frontage of the Group W Addition and that the property owners to the south be properly notified of their proposed revision. On July 2, 1985, a second public hearing was held to discuss the proposed improvements and the resulting associated assessments to the, benefitted properties. On August • 20, 1985, the Council approved the detailed plans and specifications and authorize the advertisement for the bid opening which was subsequently held on September 13, 1985. In analyzing the bids received, it was discovered that the estimated cost would be approximately 31% higher than those presented in the feasibility report discussed at the approving public hearing. Based on the City policy of not awarding the contract when bids reflect a greater than 158 increase over the estimated feasibility report, the staff proceeded to contact all potentially affected property owners to see if a new public hearing would be desired to discuss the identified increases in the estimated cost. In performing a detailed review of the original public hearing notification list and the impact of the increased cost, it was discovered that there was an error in identifying the correct owner of one of the affected parcels. /3 Agenda Information Memo November 19, 1985, City Council Meeting Page Eight Subsequently, in order to protect the public improvement special assessment process, it is recommended that a new public hearing be held to insure that all affected property owners receive the proper notification of the public hearing necessary to proceed with the proposed improvement. Therefore, staff is recommending that a new public hearing be held where the revised cost estimates can incorporate the actual bids received and affected property owners can provide additional input as necessary. ACTION TO BE CONSIDERED ON THIS ITEM: Schedule a new public hearing to be held for Project 423 (Group W Addition - streets) for December 17, 1985. u FEASIBILITY REPORT/PUBLIC HEARING/EAGANDALE CTR INDUSTRIAL PARK H. Project 458, Receive Feasibility Report/Order Public Hearing (Eagandale Center Industrial Park - Storm Sewer) -- In response to a petition received from the developer of the Eagandale Center Industrial Park 7th Addition, the Council authorized the preparation of a feasibility report for the installation of additional trunk storm sewer facilities to handle the increased run-off generated by the development within the overall Eagandale Center Industrial Park. This feasibility report has now been completed and is being presented to the Council for their review in consideration of scheduling the public hearing to be held on December 17, 1985. Due to the fact that this proposed additional storm sewer installa- tion will supplement the existing storm sewer system within • the Industrial Park, it creates a situation which requires special attention pertaining to assessments against existing developed property within the benefitted drainage area, which has been using the present system for the past 15+ years, as compared, to the undeveloped vacant land which will not be allowed to develop without this additional storm sewer system due to limiting capacities in the existing system. The Public Works. Director and City Attorney would like to discuss the proposed method of assessments in relationship to City policy in order to minimize any potential appeal that may be generated. from this public improvement. If the Council feels that it would be appropriate to discuss this at the time of presenting this feasibility report, this item should be pulled from the Consent Agenda and discussed in further detail.- If the Council /I/ Agenda Information Memo November 19, 1985, City Council Meeting Page Nine feels that it would be more appropriate to discuss assessment alternatives at the public hearing on December 17, this item can be approved as presented. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility report for Project 458 (Eagandale Center Industrial Park - storm sewer) and schedule the public hearing to be held December 17, 1985. RELEASE CITY INTERESTS. CLIFF RD STREET EASEMENT I. Release City Interests, Cliff Road Street Easements (Lot • 10, Block 3, Clearview Addition) -- We have received a request from the owner of the above -referenced lot to release any interests the City may have in the existing 25' slope easement to Dakota County presently on record. Although this easement is a County easement, the County will not proceed with the required vacation without receiving a release of interest from the City which can be granted without a formal public hearing process. A review of this easement by the Public works Department reveals no need for its retention for any City purpose. ACTION TO BE CONSIDERED ON THIS ITEM: Release all City interests in the existing County easement across Lot 10, Block 3, Clearview Addition. • FINAL PLAT APPROVAL/THOMAS LAKE PLACE APARTMENTS J. Final Plat Approval, Thomas Lake Place Apartments (Dominium Group) -- We have received a request for final plat approval for the above -referenced subdivision. All conditions placed on the preliminary plat approved by Council action on June 4, 1985, have been complied with in this final plat application. Based on the concerns raised by the affected neighboring property owners, a neighborhood meeting was held on July 23, 1985, to review the final grading and site plans prior to this final plat application. In addition, all final application materials have been submitted-, reviewed by staff and found to be in order for favorable Council action. A copy of the final plat is on page. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Thomas Lake Place Apartments and authorize the Mayor and City Clerk to execute all related documents. /S 0 0 THOMAS LAKE PLACE �r IL .Sim'"J•.r'�J"6Ys..n •n -- �. -•sr y. d x[r �• ;un fri J�fp rRltl I- " "9 I 3 A''- 2 ,z , it•. I • • I &!�; vt 1,.,,. � : � i � .o'� . g i ga tom." � ; � 1 . .I � ��• /g /;g a ,\' r• • ZY ,. s+i6om '��' ' /�m^ •�pgw55% "'" , i ! ± _l l - f _ e'•++ a ✓ [ ePm, 4�ro u q i arc/ O ''�sr:._�✓.' SSA''��' / / •• ��S•�.:� I � / I R� V 1 eL 5 6 1�� o ".✓-.� a `bvslxm ln..rm. °VZ�'°� \ 1 A2�M,.m..�. I ,w� IVj aI <. i YvomJV ai�`m`.m Jum.vn SCHOELL a MADSON , INC. ( N O I N C C n B • B U R V E v 0 N 8 T-�r-- �I we.. w.. .vP.n a•wM1 ^W+41 r. .. • • Agenda Information November 19, 1985, Page Ten Memo City Council Meeting VACATION OF DRAINAGE/UTILITY EASEMENTS/PETITION/PUBLIC HEARING TOWN CENTRE 70 K. Vacation of Drainage & Utility Easements, Receive Petition/ Order Public Hearing (Town Centre 70) -- with the proposed replat- ting of Lot 1, Block 1, and the adjacent outlot of the Town Centre 70 Addition to accomodate the proposed shopping center development, it is necessary to vacate some of the existing drainage and utility easements that were dedicated over the common lot lines to facilitate a shift in these lot lines with the replatting, which will, be considered by Council action under Public Hearings, Item C. A map is enclosed on page ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition requesting a vacation of drainage and utility easements in Town Centre 70 and schedule the public hearing to be held on December 17, 1985. 17 0 TOWN CENTRE 70 FIRST ADDITION a N•V 4'V LL 0 t.T,• • e. a o -un "• CY •.v 6 T. eu,La, e 'a �' �' t' 41 �I •: .l L...N a LOY BLOC. 1 • — �'' • ', euTwT e a N•V 4'V LL 0 t.T,• • e. a o -un • Agenda Information Memo November 19, 1985, City Council Meeting Page Eleven PROJECT 467/ORDER PUBLIC HEARING/WESCOTT ROAD L. Project 467, Receive Petition/Order Public Hearing (Wescott Road - Street and Utilities) --We have received a petition from the developer of the Lexington Square subdivision (Northland Mortgage) and Dave Gabbert requesting the upgrading of Wescott Road from Lexington Avenue for approximately 1/2 mile to the east (high power transmission line crossing). Both petitioners have guaranteed all costs associated with the preparation of this feasi- bility report if for some reason it is not approved at the time of the public hearing. Presently, Mr. Gabbert is processing an application through the Planning Commission for the development of a 40 acre parcel (SE 1/4 of SW 1/4, Section 14) which would require the upgrading of Wescott Road to provide City standards for access of streets and utilities to the subdivision. In addi- tion, before Lexington Square can continue with future phase de- velopments, it will also require the upgrading of Wescott Road. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition for Project 467 (Wescott Road - Streets and Utilities) and authorize the preparation of a feasibility report. /9 Agenda Information Memo November 19, 1985, City Council Meeting Page Twelve THOMAS LAKE PLACE MULTIFAMILY HOUSING REVENUE BONDS A. Public Hearing to consider Multifamily Housing Revenue Bonds in the amount of $10,000,000 for Thomas Lake Place Apartments (Dominion Group) - A public hearing is scheduled to consider a Multifamily Housing Bond request by the Dominion Group for the Thomas Lake Place Project. The request for financing is $10,000,000 for the construction of a 238 unit multifamily rental development adjacent to Thomas Lake. Each building will have one level of precast/masonry parking located below finished grade. Above the parking, each building will have a wood frame construction of residential units. The exterior of the building • will be predominantly brick and an asphalt shingle pitch roof. Amenities according to the application include an outdoor pool, Jacuzzi, party rooms, saunas, exercise rooms and other related facilities. 208 of the units in the project will be occupied by tenants whose incomes are not greater than 808 of the area median income. It is estimated that initial rents for the housing units will range from $515 per month to $670 per month. The anticipated date of initial occupancy is January 1, 1987. All platting and other land use requirements have been met according to the City requirements. For a copy of the program developed by the City's housing program administrator Miller and Schroeder Municipals, Inc, refer to that document found on pages L through �V. ACTION TO BE CONSIDERED OF THIS ITEM: To approve or deny the Multifamily Housing Bond Program request for the Thomas Lake Place Project in the amount of $10,000,000. • 'A 0 x ; PROGRAM FOR THE CONSTRUCTION OF A MULTIFAMILY HOUSING DEVELOPMENT Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Eagan (the "City") has been authorized to develop and administer programs of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City or by a housing and redevelopment authority authorized to act on behalf of the City. The City has received a proposal from Jack Safar, David Brierton and Dominium Group that, pursuant to the authority found in the Act, the City approve a program providing for the acquisition of land and construction of approximately 228 units of residential rental housing ("Housing Units") by a Minnesota limited partnership to be formed in which Jack Safar, David Brierton and Dominium Group will be general partners (the "Developer"), located in an area in the City bounded by the High Line Trail on the North, Thomas Lake Road on the West, Thomas Lake • on the South and Thomas Lake Park on the East (the "Project"). The acquisition of land and construction of the Project is to be funded through the issuance of up to $10,000,000 in revenue bonds issued either by the City or by The Dakota County Housing and Redevelopment Authority (the "Authority") on behalf of the City (the "Bonds"). Following construction of the Project, the Developer will own and operate the Project as a multifamily residential rental project. Twenty percent (20%) of the units in the Project will be occupied by tenants whose incomes are not greater than eighty percent (80%) of the area median income. It is estimated that initial rents. for the Housing Units will range from $515 per month to $670 per month. The anticipated date of initial occupancy is January 1, 1987. The City, in establishing this multifamily housing program (the "Program"), has considered the information contained in the City's 462C Housing Plan (the "Housing Plan"). The Project will be constructed and financed pursuant to. Subdivisions 1 and 2 of Section 462C.05 of the Act. Section A. Definitions. The following terms used in this Program shall have • the following meanings, respectively: (1) "Act" shall mean Minnesota Statutes, Section 462C.01, et seq., as currently in effect and as the same may be from time to time amended. (2) "Adjusted Gross Income" shall mean gross family income less $750 for each adult and less $500 for each other dependent In the family. (3) "Authority" shall mean The Dakota County Housing and Redevelopment Authority. (4) "Bonds" shall mean the revenue bonds to be issued either by the City or by the Authority, on behalf of the City, to finance the Program. (5) "City" shall mean the City of Eagan, State of Minnesota. (6) "Developer" shall mean a Minnesota limited partnership to be formed in which Jack Safar, David Brierton and Dominium Group will be general partners. (7) "Housing Plan" shall mean the City of Eagan 462C Housing Plan, as amended, setting forth certain information required by the Act. (8) "Housing Unit" shall mean any one of the apartment units located in the Project, occupied by one person or family, and containing complete living facilities. (9) "Issuer" shall mean the City unless the City by resolution designates the Authority as the issuer of the Bonds. (10) "Land" shall mean the real property upon which the Project is situated. (11) "Program" shall mean the program for the financing of the Project pursuant to the Act. (12) "Project" shall mean the residential rental housing • development consisting of approximately 228 market rate Housing Units to be constructed by the Developer on the Land. Section B. Program For Financing the Proiect. It is proposed that the City establish this Program to provide financing for acquisition and construction of the Project at a cost and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the Issuer, the initial purchaser of the Bonds and the Developer. To do this, the City expects the Issuer to issue the Bonds as soon as the terms of the Bonds have been agreed upon by the Issuer, the Developer and the initial purchaser of the Bonds. The proceeds of the Bonds will be loaned to the Developer for construction and financing of the Project, the funding of any appropriate reserves and for paying the costs of issuing the Bonds. It is expected that a trustee will be appointed by the Issuer to monitor the construction of the Project in accordance with the Plan and Program and the payments of principal and interest on the Bonds. The cost of any additional security devices for the Bonds will be borne by the Developer and payable in • addition to the principal and interest on the Bonds. It is contemplated that the Bonds shall contain a maturity of approximately twelve (12) years and will be priced to the market at the time of issuance. The City will hire no additional staff for the administration of the Program. Insofar as the Issuer will be contracting with underwriters, legal counsel, bond counsel, the trustee, and others, all of whom will be reimbursed from bond proceeds and revenues generated by the Program, no administrative costs will be paid from the Issuer's budget with respect to this Program. The Bonds will not be general obligation bonds of the Issuer, but are to be paid only from properties pledged to the payment thereof, which may include additional security such as additional collateral, insurance or a letter of credit. a a.- Section C. Local Contributions To The Program. It is not contemplated that the City or the Authority will provide other financial incentives to the Developer in conjunction with the Project. Section D. The following standards and requirements shall n of the Project,by_the Developer pursuant to (1) Substantially all of the proceeds of the sale of the Bonds will be used to provide funds for the acquisition and construction of the Project and to provide for appropriate reserves. The funds will be made available to the Developer pursuant to the terms of the Bond offering, which may include certain covenants to be entered into between the Issuer and the Developer. (2) The Developer or subsequent owner of the Project, will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with • regard to public assistance or disability. (3) No Housing Unit may be in violation of applicable zoning ordinances or other applicable land use regulations, including any urban renewal plan or development district plan, and including the state building code as set forth under Minnesota Statutes, Section 16.83, et seq. (4) Pursuant to Section 462C.05, Subdivision 2 of the Act, at least twenty percent (20%) of the Housing Units will be held for occupancy by families or individuals with Adjusted Gross Income not in excess of eighty percent (80%) of the median family income as estimated by the. United States Department of Housing and Urban Development for the Minneapolis - St. Paul metropolitan statistical area. (5) Pursuant to Section 462C.05, Subdivision 2 of the Act, the Project shall be designed to be affordable by persons and families with • Adjusted Gross Income not in excess of the greater of (a) 110 percent of the median family income as estimated by the United States Department of Housing and Urban Development for the Minneapolis -St. Paul standard metropolitan area or (b) 100 percent of the income limits established by the Minnesota Housing Finance Agency for the City and by other persons and families to the extent determined to be necessary by the Issuer in furtherance of the policy of economic integration. Subsection E. Evidence of Compliance. The Issuer may require from the Developer or such other person deemed necessary at or before the issuance of the Bonds, evidence satisfactory to the Issuer of the ability and intention of the Developer to complete the Project, and evidence satisfactory to the Issuer of compliance with the standards and requirements for the making of the financing established by the Issuer, as set forth herein; and in connection therewith, the Issuer or its representatives may inspect the relevant books and records of the Developer in order to confirm such ability, intention and compliance. In addition, the Issuer may periodically require certification from either the Developer or such A3 other person deemed necessary concerning compliance with various aspects of the Program. Subsection F. Issuance of Bonds. To finance the Program authorized by this Section, either the City or the Authority, on behalf of the City, may by resolution authorize, issue and sell its Revenue Bonds in an aggregate principal amount up to $10,000,000. The Bonds shall be issued pursuant to Section 462C.07, Subdivision 1 of the Act, and shall be payable primarily from the revenues of the Program authorized by this Section. The proceeds of the Bonds are presently expected to be applied to the following costs of the Project: $ 512,000 Land acquisition 9,000,000 Construction Costs Costs of Issuance 325,000 (including underwriter's discount) $9,837,000 Total The costs of the Project may change between the date of preparation of this program and the date of issuance of the Bonds. The Bonds are expected to be • issued in December of 1985. Subsection G. Severability. The provisions of this Program are severable and if any of its provisions, sentences, clauses or paragraphs shall be held unconstitutional, contrary to statute, exceeding the authority of the City or otherwise illegal or inoperative by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Subsection H. Amendment. The City shall not amend this Program while Bonds authorized hereby are outstanding, to the detriment of the holders of such Bonds. Subsection I. State Ceiling. No portion of the state ceiling for qualified mortgage bonds allocated pursuant to Section 103A of the Internal Revenue Code of 1954, as amended, and Section 462C.09, Subd. 2a, of Minnesota Statutes will be needed for this Program. Received by the Metropolitan Council this 1985, by: Title: a day of • Agenda Information November 19, 1985, Page Thirteen Memo City Council Meeting BRITTANY 9TH ADDITION/STREETS & UTILITIES B. Public Hearing, Project 459R, Brittany 9th Addition (Streets & Utilities) -- On October 1, 1985, a public hearing was held to discuss the installation of streets and utilities to service the proposed Brittany 9th Addition. At that public hearing, there was considerable discussion and concern pertaining to the installation of adequate sanitary sewer facilities to service the undeveloped property (Diamond T Ranch) adjacent to the east line of this proposed subdivision. Subsequent to those comments and discussion, the Council continued the public hearing to allow a revision to the report to address the proper allocation of costs associated with the installation of sanitary sewer facilities. • This revised feasibility report was completed, presented to the City Council with the public hearing being scheduled for November 19. • The Public Works Director and consulting engineer will be available to discuss in detail any aspect of this revised report which is included on pages _Z(p through for the Council's informa- tion and review during this public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/deny Project 459R (Brittany 9th Addition - streets and utilities) and, if approved, authorize the preparation of detailed and specifications. as 0 n u REPORT ON BRITTANY 9th ADDITION UTILITY & STREET IMPROVEMENTS CITY PROJECT No. 459R FOR EAGAN, MINNESOTA 1985 FILE No. 49371 /3o.se AW., I(ode wf 4044" 9 4d"4&.&&.p Yom ea.,dull/a,y �'.rgt.rePne st /bawl, MMm"ata a(p /J 4,de'*4-4 & 4, 2335 V `%n...i .4.9A .ay 36 rsl. P...L, Af'" 55113 Pao...: 612 - 636-4600 October 2, 1985 Honorable Mayor and Council City of Eagan 3830 Pilot Knob Road Eagan, Mn. 55121 .9mc. Glenn R. Cook. A.E. Kedh A. Gordon. P.E Thomas E. Novo, P.E. Ri[haM 11% Pour-, P E. Roben G. S[hun'[hr, P.E. Flanln L. Sarrala, AE. Donald C. Bugordl, P.E. Jerry A. Bourdon, P.E. Mark A. Daman, P.C. Ted K. field. P.E. Mwhael T. Rmnn...... P.E Robyn R. Pfefferle. P.E. Da.m G. L.kora. P.E. Char/ea A. En[kror. Lea M. Pouehky Harlan A/. Dhon Re: Brittany 9th Addition Project 4598 Our File No. 49371 Dear Mayor and Council: Transmitted herewith is our revised report for Brittany 9th Addition, Project 4598. This report covers sanitary sewer, water main, storm sewer, and street construction and includes a preliminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. J& Thomas E. Angus TEA:li I hereby certify that this report was prepared by me or under my. direct supervision and that I am a duly Registered Professional Engineer under the laws of the Stat� of A*nnesota. Mark A. Hanson Date: October 2, 1985 Reg. No. 14260 i J Approved by: �'L a.�, al Department of Pu R Works Date • /C M'e, / 0548d a7 • • OuoQ Bmauno. P.E. � Roberr N'. Rmene. AE J Jmeph C. Andedik, P E. Brod,nrd A I eniheig. P.E. RI[hmd E. Tumn. P E. Jumn C Man, P.E. Glenn R. Cook. A.E. Kedh A. Gordon. P.E Thomas E. Novo, P.E. Ri[haM 11% Pour-, P E. Roben G. S[hun'[hr, P.E. Flanln L. Sarrala, AE. Donald C. Bugordl, P.E. Jerry A. Bourdon, P.E. Mark A. Daman, P.C. Ted K. field. P.E. Mwhael T. Rmnn...... P.E Robyn R. Pfefferle. P.E. Da.m G. L.kora. P.E. Char/ea A. En[kror. Lea M. Pouehky Harlan A/. Dhon Re: Brittany 9th Addition Project 4598 Our File No. 49371 Dear Mayor and Council: Transmitted herewith is our revised report for Brittany 9th Addition, Project 4598. This report covers sanitary sewer, water main, storm sewer, and street construction and includes a preliminary assessment roll. We would be pleased to meet with the Council and other interested parties at a mutually convenient time to discuss any aspect of this report. Yours very truly, BONESTR00, ROSENE, ANDERLIK 6 ASSOCIATES, INC. J& Thomas E. Angus TEA:li I hereby certify that this report was prepared by me or under my. direct supervision and that I am a duly Registered Professional Engineer under the laws of the Stat� of A*nnesota. Mark A. Hanson Date: October 2, 1985 Reg. No. 14260 i J Approved by: �'L a.�, al Department of Pu R Works Date • /C M'e, / 0548d a7 • • SCOPE: This project provides for the construction of sanitary sewer, water main, storm sewer, and street to serve Brittany 9th Addition which contains 17 large single family lots. FEASIBILITY AND RECOMMENDATION: This project is feasible from an engineering standpoint and is in accordance with the Master Utility and Street Plan for the City of Eagan. DISCUSSION: Sanitary Sewer: Sanitary sewer to serve Brittany 9th Addition includes an 8" diameter sanitary sewer in the street as shown on the attached drawing to properly serve the abutting lots. The sanitary sewer will connect to an ex- isting manhole located at the northeast corner of Lot 13, Block 2 Brittany 8th Addition. It is proposed to install the sanitary sewer to a depth of 30 feet in the street at the easterly end of the project. This depth is greater than re- quired to serve the lots in Brittany 9th Addition but will allow for the future extension of gravity sewer into Parcel 011-75. As a result, the north- erly part and a portion of the easterly part of Parcel 011-75 will have access to gravity sewer. • Water Main: Water main to serve Brittany 9th Addition includes•a 16 inch di- ameter trunk and a 6 inch diameter lateral water main. The 16 inch trunk water main will be constructed to the north end of Sherwood Way and will be a continuation of the existing 16 inch trunk water main located at the existing easterly end of Sherwood Way. It is proposed to construct a 6 inch water main in the east/west street and southerly within the cul-de-sac street as shown on the attached drawing. Brittany 9th Addition is located in the high pressure zone. Static pres- sures will range from 73 to 93 psi and residual from 65 to 85 psi respective - Page 1. 0548d a� ly. Therefore, certain homes will require pressure reducing valves be pro- vided as part of the building permit to reduce the residual pressure below the recommended 85 psi. The costs for the PRV's will be the responsibility of the home buyer or developer. Services: Sanitary sewer and water services are proposed to be constructed 15 feet beyond the right-of-way line. Service lines are proposed to be 4 inch diameter for sanitary sewer and 1 inch diameter for water. Storm Sewer: Storm sewer proposed herein includes catch basins located at the southerly end of the cul-de-sac as shown on the attached drawing. Storm sewer will discharge into Pond LP -7 located in Dakota County Park. It is anticipa- • ted the outlet for Pond LP -7 will not be required until either Dakota County develops this portion of park or the water level in each pond reaches a flood- ing condition which could occur as additional areas tributary to these ponds develop. Because the high water elevation of Pond LP -7 is 939.7, building permits should be reviewed to insure basement elevations for buildings around the pond are a minimum of 941.7 to provide for a freeboard of 2 ft. Street: Street construction proposed herein includes constructing streets in Brittany 9th Addition to a 32 foot width and a 7 ton residential design thick-. • ness. Bituminous surfacing and surmountable concrete curb and gutter is in- cluded in conjunction with restoration of the boulevard area. It is assumed grading of the street will be done by the developer. A standard cul-de-sac with a 45 foot paved radius is proposed to be con- structed at the east end of the east/west street adjacent to Lot 6, B1 b Lot 10, B2. This will allow for turn around of maintenance equipment along with other vehicles until such time the street is extended to the east and the cul- de-sac removed. Page 2. 0548d A C/ AREA TO BE INCLUDED: CONSTRUCTION AREA AND ASSESSMENT AREA SE 1/4, SECTION 33 Brittany 7th Addn. - Outlot A (Brittany 9th Addn.) Parcel 011-75 (Jerry Thomas) COST ESTIMATE: Detailed cost estimates are presented in Appendix A located at the back of this report. A summary of these costs is as follows: Sanitary Sewer $ 54,520 Water Main 41,350 Services 14,030 Storm Sewer 13,240 • Street 65,610 TOTAL ..................... $188,750 The total estimated project cost is $188,750 which includes contingencies and all related overhead. Overhead costs are estimated at 30% and include legal, engineering, administration and bond interest. ASSESSMENTS: Assessments are proposed to be levied against the benefited properties in Brittany 9th Addition and Parcel 011-75. A preliminary assess- ment roll is included at the back of this report in Appendix B. All assess- ments will be revised based on final costs. • SANITARY SEWER: It is proposed to assess the cost of the lateral sanitary sewer equally against the 17 lots in Brittany 9th Addition. The additional costs for overdepth of sewer will be assessed against Parcel 011-75. Trunk area sanitary sewer was previously assessed as part of Project No. 137. WATER MAIN: It is proposed to assess the total cost of the lateral water main equally against the 17 lots in Brittany 9th Addition. These costs will in- clude a 6" equivalent cost for the 16" trunk water main. Costs associated with oversizing of the 16" water main will be the responsibility of the trunk Page 3. 0548d 30 fund. Trunk area water main for this area has not been assessed and is, there- fore, proposed to be assessed as part of this project. SERVICES: It is proposed to assess the cost of services equally to the 17 lots in Brittany 9th Addition. STORM SEWER: It is proposed to assess the total cost of lateral storm sewer equally to the 17 lots in Brittany 9th Addition. Trunk area storm sewer for this area has not been assessed and is, therefore, proposed to be assessed as part of this project. STREET: It is proposed to assess the total cost of street equally to the 17 lots in Brittany 9th Addition. Also, this subdivision will prepay an esti- mated cost to reconstruct the street due to the anticipated future removal of • the cul-de-sac adjacent to Lot 6, B1 b Lot 10, B2. TRUNK RATES: Trunk area rates in effect at the time of this report are as follows: TRUNK AREA Trunk Water Main Oversize Agricultural (Single family) $1,190/Acre Trunk Storm Sewer Oversize Single family $0.048/sq.ft. • REVENUE SOURCES: Revenue sources to cover the cost of this project are as follows: Proj. Cost Revenue Balance A.) SANITARY SEWER Lateral $ 54,520 Lateral Assessment $ 54,520 $ 54,520 $ 54,520 - 0 - Page 4. 0548d 31 • • B.) WATER MAIN Lateral Trunk Lateral Assessment Trunk Area Assessment C.) SERVICES Lateral Lateral Assessment D.) STORM SEWER Lateral Lateral Assessment Trunk Area Assessment Proj. Cost Revenue $ 35,630 5,720 $ 41,350 $ 14,030 $ 14,030 $ 13,240 $ 13,240 E.) STREET Lateral $ 65,610 0548d Balance $ 35,630 8,818 $ 44,448 +$ 3,098 $ 14,030 $ 14,030 - 0 - $ 13,240 15,493 $ 28,733 +$15,493 Future cul-de-sac construction $ 7,680 Lateral Assessment 65,610 $ 65,610 $ 73,290 $ 7,680 TOTAL .................. +$26,271 Page 5. 3a- PROJECT SCHEDULE Present Feasibility Report October 15, 1985 Public Hearing November 19, 1985 Approve Plans and Specifications December 3, 1985 Open Bids/Award Contract Winter/Spring 1986 Construction Completion Fall, 1986 Final Assessment Hearing Spring, 1987 First Payment Due with Real Estate Taxes May, 1988 • • Page 6. o5a8d 3 3 TOTALSANITARY SEWER .............................. $ 54,520 B. WATER MAIN APPENDIX A 160 Lin.ft. 16" DIP water main in pl. @ $28.00/lin.ft. PRELIMINARY COST ESTIMATE 4,480 1,070 Lin.ft. 6" DIP water main in pl. @ $14.00/lin.ft. BRITTANY 9TH ADDITION 14,980 3 Each Hydrant in pl. @ $1,000/each PROJECT NO. 459R 3,000 1 A. SANITARY SEWER 16" Butterfly valve b box @ $1,500/each 900 Lin.ft. 8" PVC sanitary sewer 0'-20' dp. in pl. @ $16.00/l.f. $ 21,440 300 Lin.ft. 8" PVC sanitary sewer 20'-30' dp. in pl. @ $26.00/l.f. Fittings in pl. @ $1.20/lb. 7,800 7 Each Std. 4' dia. MH w/cstg. in pl. @ $950.00/each Connect 16" DIP to ex. 16" DIP @ $500.00/each 6,650 54 Lin.ft. MH depth greater than 8' dp. @ $60.00/lin.ft. Rock stabilization below pipe @ $10.00/cu.yd. - 3,240 17 Each 8"x4" Wye in pl. @ $50.00/each Mechanical trench compaction @ $1.00/lin.ft. _ 850 80 Lin.ft. 4" Serv, riser in pl. @ $10.00/lin.ft. Total 800 LUMP SUM Clear and grub trees @ $2,000/L.S. +5% Contingencies 2,000 300 Cu.yds. Rock stabilization below pipe @ $10.00/cu.yd. 3,000 1,200 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. +30% Legal, Engrng., Admin. b Bond Interest 1,200 9,545 Total $ 39,940 41,350 +5% Contingency 1,997 $ 41,937 +30% Legal, Engrng., Admin. & Bond Interest 12,583 TOTALSANITARY SEWER .............................. $ 54,520 B. WATER MAIN 160 Lin.ft. 16" DIP water main in pl. @ $28.00/lin.ft. $ 4,480 1,070 Lin.ft. 6" DIP water main in pl. @ $14.00/lin.ft. 14,980 3 Each Hydrant in pl. @ $1,000/each 3,000 1 Each 16" Butterfly valve b box @ $1,500/each 1,500 3 Each 6" Resilient wedge gate valve 6 box @ $400.00/each 1,200 2,000 Lbs. Fittings in pl. @ $1.20/lb. 2,400 1 Each Connect 16" DIP to ex. 16" DIP @ $500.00/each 500 100 Cu.yda. Rock stabilization below pipe @ $10.00/cu.yd. - 1,000 1,230 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. _ 1,230 Total $ 30,290 +5% Contingencies 1,515 $ 31,805 +30% Legal, Engrng., Admin. b Bond Interest 9,545 TOTALWATER MAIN ................................ $ 41,350 Page 7. 0548d 3 � C. SERVICES 650 Lin.ft. 4" PVC sanitary sewer service @ $6.00/lin.ft. $ 3,900 780 Lin.ft. 1" type "K" water service @ $5.00/lin.ft. 5,600 3,900 17 Each 1" Corporation stop in pl. @ $20.00/each 1,800 340 17 Each 1" Curb stop and box @ $80.00/each 800 1,360 780 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 300 780 SUM Clear and grub trees @ $1,000.00/L.S. Total $ 10,280 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. +5% Contingencies 200 515 Total $ $ 10,795 +5% Contingencies +30% Legal, Engrng., Admin. & Bond Interest 485 3,235 TOTALSERVICES ................................... $ 14,030 D. STORM SEWER 200 Lin.ft. 18" RCP storm sewer @ $28.00/lin.ft. $ 5,600 1 Each Double CB w/cstg. @ $1,800.00/each 1,800 1 Each 18" RCP flared end w/trash guard @ $800.00/each 800 6 Cu.yds. Rip rap @ $50.00/cu.yd. 300 LUMP SUM Clear and grub trees @ $1,000.00/L.S. 1,000 200 Lin.ft. Mechanical trench compaction @ $1.00/lin.ft. 200 Total $ 9,700 +5% Contingencies 485 $ 10,185 +30% Legal, Engrng., Admin. & Bond Interest 3.055 TOTAL STORM SEWER ................................. $ 13,240 Page 8. 0548d 3 S • 0 Page 9. 0548d 3 4 E. STREET 500 Cu. yds. Subgrade correction,@ $3.00/cu.yd. 1,500 300 Cu.yds. Select granular borrow @ $4.00/cu.yd. 1,200 4,700 Sq.yds. Subgrade preparation @ $0.50/sq.yd. 2,350 1,700 Ton Class 5 100% crushed quarry rock @ $7.00/ton 11,900 380 Ton 2331 Bituminous base course in pl. @ $11.00/ton 4,180 380 Ton 2341 Bituminous wear course in pl. @ $12.00/ton 4,560 43 Ton Bituminous material for mixture @ $210.00/ton 9,030 210 Gal. Bituminous material for tack coat @ $1.40/gal. 294 2,200 Lin.ft. Surmountable concrete curb b gutter @ $4.50/lin.ft. 9,900 5 Each Adjust MH frame @ $150.00/each 750 4 Each Adjust G.V. b Box @ $100.00/each 400 1 Each Permanent barricade @ $500.00/each 500 • 1.0 Acre Seed w/fertilizer 6 mulch @ $1,500.00/Ac. 1,500 Total $ 48,064 +5% Contingencies 2,403 $ 50,467 +30% Legal, Engrng., Admin. 6 Bond Interest 15,143 TOTALSTREET .................................... $ 65,610 SUMMARY A. SANITARY SEWER $ 54,520 B. WATER MAIN 41,350 C. SERVICES 14,030 •D. STORM SEWER 13,240 E. STREET 65,610 TOTAL .............. $188,750 Page 9. 0548d 3 4 F. FUTURE CUL-DE-SAC RECONSTRUCTION 480 Lin. ft. Remove concrete C 6 G @ $2.00/lin.ft. $ 960 600 Sq.yda. Remove bituminous surfacing @ $1.00/sq.yd. 600 100 Tons Cl. 5 100% crushed quarry rock @ $7.00/ton 700 55 Tons 2331 Bituminous base course @ $11.00/ton 605 55 Tons 2341 Bituminous wear course @ $12.00/ton 660 6 Tons Bituminous Mat'1, for mixture @ $210.00/ton 1,260 30 Gals. Bituminous Mat'l. for tack coat @ $1.40/gal. 42 400 Sq.yda. Sod w/3" topsoil @ $2.00/sq.yd. 800 $ 5,627 +5% Contingencies 281 $ 5,908 +30% Legal, Engrng., Admin. 6 Bond Interest 1,772 • TOTAL FUTURE CUL-DE-SAC RECONSTRUCTION ............. $ 7,680 • Page 10. 0548d 307 2 C. SERVICES APPENDIX B Total Parcel Description No. of Lots PRELIMINARY ASSESSMENT ROLL Assessment BRITTANY 9TH ADDITION BRITTANY 9TH ADDITION Block 1, Lot 1-6 - PROJECT NO. 459R $ 825 $ 4,952 Block 2, A. SANITARY SEWER 10 825 8,253 Block 3, a.) Lateral 1 825 825 Total 17 Total Parcel Description No. of Lots Cost/Lot Assessment BRITTANY 9TH ADDITION Block 1, Lot 1-6 6 $2,966 $ 17,795 Block 2, Lot 1-10 10 2,966 29,659 Block 3, Lot 1 1 2,966 2,966 Parcel 011-75 _ --- 4,100 Total 17 $ 54,520 • B. WATER MAIN a.) Lateral Total Parcel Description No. of Lots Cost/Lot Assessment BRITTANY 9TH ADDITION Block 1, Lot 1-6 6 $2,096 $ 12,575 Block 2, Lot 1-10 10 2,096 20,959 Block 3, Lot 1 1 2,096 2,096 Total 17 $ 35,630 b.) Trunk Area (7.41 acres x $1,190/acre = $8,818) BRITTANY 9TH ADDITION • Block 1, Lot 1-6 6 $ 519 $ 3,112 Block 2, Lot 1-10 10 519 5,187 Block 3, Lot 1 1 519 519 17 $ 8,818 C. SERVICES Page 11. 0548d .300 Total Parcel Description No. of Lots Cost/Lot Assessment BRITTANY 9TH ADDITION Block 1, Lot 1-6 - 6 $ 825 $ 4,952 Block 2, Lot 1-10 10 825 8,253 Block 3, Lot 1 1 825 825 Total 17 $ 14,030 Page 11. 0548d .300 D. STORM SEWER Parcel Description No. of Lots Cost/Lot a.) Lateral BRITTANY 9TH ADDITION Block 1, Lot 1-6 6 $ 779 Block 2, Lot 1-10 10 779 Block 3, Lot 1 1 779 Total 17 b.) Trunk Area (322,773 sq.ft. x $0.048/sq.ft. _ $15,493) BRITTANY 9TH ADDITION Block 1, Lot 1-6 6 $ 911 Block 2, Lot 1-10 10 911 Block 3, Lot 1 1 911 Total 17 PART I E. STREET BRITTANY 9TH ADDITION Block 1, Lot 1-6 Block 2, Lot 1-10 Block 3, Lot 1 Total PART II CUL-DE-SAC RECONSTRUCTION Block 1, Lot 1-6 Block 2, Lot 1-10 Block 3, Lot 1 Total 6 10 1 17 6 10 1 17 Page 12. 0548d 39 $3,859 3,859 3,859 $ 452 452 452 Total Assessment $ 4,671 7,790 779 $ 13,240 $ 5,468 9,114 911 $ 15,493 $ 23,157 38,594 3,859 $ 65,610 $ 2,710 4,518 452 $ 7,680 • E 0 0 SUMMARY PRELIMINARY ASSESSMENT ROLL BRITTANY 9TH ADDITION PROJECT NO. 4598 COST/LOT Page 13. 0548c Future Parcel Sanitary Water Main Storm Sewer Cul-de-sac Total Description Sewer Lateral Trunk -Area Services Lateral Trunk Area Street Reconstr. Assessmt. BRITTANY 9TH ADDITION Block 1, Lot 1-5 & Outlot A $2,966 $2,096 $ 519 $ 825 $ 779 $ 911 $3,859 $ 452 $12,407 0 Block 2, Lot 1-9 & Outlot B 2,966 2,096 519 825 779 911 3,859 452 12,407 • Block 3, Lot 1 2,966 2,096 519 825 779 911 3,859 452 12,407 Parcel 011-75 4,100 4,100 Page 13. 0548c 011-76 3 r E 4 5 I POND LP -7 DAKOTA 011-75 Scale I"= 200 D LEGEND COVNj� PARK ® TRUNK ASSESS TRUNK WATER 8 TO SEEWER BRITTANY 9th ADDITION UTILITY & STREET IMPROVEMENTS ASSES SEMENT AREA EAGAN, MINNESOTA BONESTROO, ROSENE, .ANDERLIK & ASSOCIATES, INC. Consulting Engineers St. Paul, Minn. Date: Sept, 1985 P R O J. No. Comm. 49371 459 n 0 Agenda Information Memo November 19, 1985, City Council Meeting Page Fourteen PUBLIC HEARING/PRELIMINARY PLAT/TOWN CENTRE 70 2ND ADDITION C. Public Hearing for Preliminary Plat, Town Centre 70 2nd Addi- tion --At the October 8, 1985, joint meeting between the Advisory Planning Commission (APC) and the City Council (CC), Federal Land Company requested consideration to facilitate the processing of a building permit application for the new Rainbow Foods Super Market within the Town Centre 70 Addition. At that meeting, the City Council authorized the issuance of a foundation permit with the understanding that the preliminary plat application for the second addition would commence immediately. The proposed development of the community shopping center complex, as presented in the preliminary plat approved by Council action on February 5, 1985, has been slightly revised requiring a replat- • ting of the approved first addition. Due to the fact that notifica- tion of the required public hearing for the replatting could not be accomplished by the October Planning Commission meeting, it was determined that the public hearing would be held by the City Council at the November 6th meeting. However, proper legal descrip- tions for notification of this November 6 meeting were not available by the required notification deadline. Subsequently, this public hearing has,been scheduled for the November 19 meeting. The City Attorney's office has been requested to research whether the City Council could, in fact, hold the required public hearing for a preliminary plat in accordance with City Codes. Enclosed on pages 4V7 and?/Jis the attorney's review and opinion pertaining to this procedure. Enclosed on pages V9.1 ,j3 is the staff report providing the background and the recommended conditions that should be imposed on this preliminary plat application. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/continue considera- tion_ of the preliminary plat approval for the Town Centre 70 2nd Addition. W a c HAUGE, EIDE & KELLER, P.A. ATTORNEYS AT LAW CEDARVALE PROFESSIONAL BUILDINGS 3908 SIBLEY MEMORIAL HIGHWAY EAGAN, MINNESOTA 55122 PAUL H. HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN MICHAEL J. MAYER Thomas Hedges Eagan City Administrator 3830 Pilot Knob Road Eagan, MN 55122 Dale Runkle Eagan City Planner 3830 Pilot Knob Road • Eagan, MN 55122 RE: Town Centre 70 — Preliminary Plat Dear Dale and Tom: October 25, 1985 AREA CODE 812 TELEPHONE 454.4224 Action was taken at the October 22, 1985 meeting of the Planning Commission in regard to,the above—described development, consisting of an application for preliminary plat approval. It was indicated at that meeting that public notice had not been given, in addition to a statement to the effect that it was a mere formality and review of the project, which gave legal counsel the impression that it may not have actually been an action regarding preliminary plat. After review of the minutes -of the Planning Commission meeting of October 22, in addition to packet information, Subdivision Ordinance and prior minutes, we • have attempted to determine the statue of the Town Centre 70 proposal which was before the Planning Commission on October 22. It is our opinion that the Planning Commission probably did not or could not have recommended approval of the preliminary plat for Outlot D of this project for the Rainbow Foods and first phase commercial center without complying with all procedural requirements. In addition, the applicant requested Outlots A and C, be approved at the time of the meeting. Ordinance Section 13.10, Subd. 4.C. requires that the Planning Commission hold a public hearing in order to act on a preliminary plat application. If the action taken by the Planning Commission was indeed an action regarding preliminary plat approval, it has been suggested that.the public hearing requirement was waived by the Commission and/or Council at a prior meeting. However, we do not have any minutes indicating that a waiver was approved, if indeed a waiver is possible. 4/7 Thomas Hedges Dale Runkle October 25, 1985 Page 2 M.S.A. 462.358 requires only that there be a public hearing to act upon applications for preliminary plat approval. The Eagan City Council has chosen to require the APC to hold the formal hearing and to the best of our knowledge, there is no provision for deviation from that procedure. In general, it is our opinion that a public hearing must be held before the Planning Commission in order to comply with City Code regarding any preliminary plat application. It has been suggested that in the past, the City has avoided the public hearing at the Planning Commission level where phases of a planned development, subsequent to the initial phase, comply with the previous planned development plans. We are not sure that that would change our opinion. We would simply summarize as follows: • 1. The record should possibly be reviewed to determine whether there are other instances where preliminary plats have been approved by a City Council public hearing without public hearing before the Planning Commission. 2. To deviate from the Ordinance may expose the City Council and staff to scrutiny and criticism. 3. During the platting process, it is our understanding that City Clerk will be required to sign a Resolution indicating all proper procedures have .been followed. 4. Developer may run into problems if a title examination during the financing process or purchase of individual parcels to determine that the prescribed procedures were not followed. • Very truly yours, DGK:ras yg HAUGE, EIDE b KELLER, P.A. David G. Keller CITY OF EAGAN SUBJECT:, PRELIMINARY PLAT - TOWN CENTER 70 zryO Aao APPLICANT: FEDERAL LAND COMPANY LOCATION: YANKEE AND PILOT KNOB ROADS EXISTING ZONING: CSC (COMMERCIAL SHOPPING CENTER) DATE OF PUBLIC HEARING: OCTOBER 22, 1985 DATE OF REPORT: OCTOBER 17, 1885 REPORTED BY: PLANNING & ENGINEERING The public hearing for the Town Center 70 project containing • the Rainbow Foods and strip commercial 'center will take place at the City Council meeting on Wednesday, November 6, 1985. The subject area will require a replatting to create two separate lots and the vacation of existing easements along Outlot D. This replatting will be subject to the City Engineering require- ments/review. The issue of parking stall size should be addressed as the submitted drawings show 9' X 19' interior. stalls with the 24' drives required by the City. GRADING/DRAINAGE: The applicant is proposing no changes in the grading of the Second Addition from the grading performed by the applicant on the First Addition. UTILITIES: The installation of sanitary sewer, watermain and services under City Contract 85-8 will be adequate to serve this proposed development with ,public utilities. This project is very near completion. • STREETS: City Contract 85-8 also provides for the installation of Town Centre Drive and a 48' wide 9 ton loading capacity City street. City Contract 85-9 provides for the installation of Denmark Avenue, a 52' wide 9 ton loading capacity City collector street. The City anticipates both streets will be open to traffic by mid November, weather permitting. RIGHT-OF-WAY/EASEMENTS: Right-of-way dedication for Town Centre 70 Drive & Denmark Avenue occurred under the previously platted Town Centre 70 Addition. Because the Town Centre 70 Addition plat already, exists, the City will require this developer to petition to vacate existing lot line utility and drainage easements. The vacation of the existing utility and drainage easements must occur prior to or concurrent with final plat approval. The city -will require a 20' wide utility easement over the watermain fire loop yet to be constructed. The dedication of all other easements shall be in accordance with City Code. V9 . PRELIMINARY PLAT - TOWN CENTRE 70 OCTOBER 22, 1985 PAGE 2 ASSESSMENTS: All trunk area related assessments for this proposed development are either levied or pending. This development has fulfilled its trunk area related assessment obligations. CONDITIONS: - 1) The applicant shall submit: A) A detailed landscape plan. B) A detailed grading plan with berming. C) A lighting plan showing lumination areas. 2) The building shall be architecturally treated the same on all sides. 3) A Conditional Use Permit will be required for the proposed• signage. 4) The applicant shall be responsible for installing a 6" watermain loop for fire protection. The location and layout shall be approved by City Staff. 5) The applicant shall dedicate a 20' utility easement over the watermain fire loop and hydrant leads. 6) All applicable standard engineering conditions shall apply. 7) The existing easements shall be vacated prior to final plat approval. • SO 0 TOWN- CENTRE 70 -FIRST ADDITION III IF %�.' w[[luve lu.o svw[nw 1.121 1 OF 1 [.un II �I ^ a ��• .DRIVE11 LOI .f r IF i ` ':1 ;rISQ a s 1 III IF %�.' w[[luve lu.o svw[nw 1.121 1 OF 1 [.un II �I III IF %�.' w[[luve lu.o svw[nw 1.121 1 OF 1 [.un 0 ,` 6. r.. ice" ,F. ,., .:.'E. !!.. � '�'�:: '.i. .Y, y'•'�a`��'�t� PILOT KNOB ROAD' DRIINNNI�1 IIWN � PN�fN�•I� _� WIHNNNNNNINO �n � O A ❑ -L 0 PILOT KNOB ROAD Ji�y4 eta KRESTWOOD � LANE / .ice' urw hrf9 BT,fE 4 ,sus i 1e1 C I D a I f 0 I F F v All DENMARK .AMENLIE T:J'vViJ CENTiit'. i•. :. FiR h�Oh. DENMARK ----AVENUE .D G11Tli)1-; s h\, � / L i .o DENMARK ----AVENUE .D G11Tli)1-; Agenda Information Memo November 19, 1985, City Council Meeting Page Fifteen CONDITIONAL USE FOR MINI-STORAGE/POQUETTE A. Conditional Use Permit (Norm Poquette) for an On -Site Apartment and Zero Lot Line Variance For a Mini -Storage on 1.7 Acres --A public hearing was held by the Advisory Planning Commission at a regular meeting held on October 22, 1985, to consider a conditional use and variance permit to allow a live-in, on-site apartment in a zero lot line mini -storage on Lot 2, Block 1, Cedar Industrial Park. The Planning Commission reviewed the request noting that there is an existing facility, a chiropractic clinic, of which this mini -storage would be an addition to in the existing building. Staff noted in calculating the lot coverage that the applicant may be in excess of what is allowed by City code. The applicant • has requested a zero setback variance to allow provision of a cyclone fence. The Advisory Planning Commission is concerned about the precedence these permits could cause for the community and is recommending denial of the request for a zero lot line to the City Council. For additional information on this item, refer to the Planning Department report, a copy is enclosed on pages ," through X7 . For a copy of the action taken by the Advisory Plannig Commission, refer to those minutes found on page(s) ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the condi- tional use permit for an on-site apartment and zero lot line vari- ance for a mini -storage as applied for by Norm Poquette. St/ 'r". J ..CITY OF EAGAN SUBJECT: CONDITIONAL USE/VARIANCE APPLICANT: NORMAN POQUETTE LOCATION: LOT 2, BLOCK 1 CEDAR INDUSTRIAL PARK EXISTING ZONING: L1 (LIGHT INDUSTRIAL) DATE OF PUBLIC HEARING: OCTOBER 22, 1985 DATE OF REPORT: OCTOBER 16; 1985 REPORTED BY: JIM STURM, PLANNER I APPLICATION SUBMITTED: Applications have been submitted for Condi- tional Use and Variance Permits to allow a live-in on site apart- ment in a. zero lot line mini storage on Lot 2, Block 1 Cedar Indus- trial Park. COMMENTS: The site area is 1.77 acres and on the eastern end is an existing building,The Center for Health and Life. The applicant intends to add on an office, storage area and apartment to the western side of the building. The existing building, 3700 sq. ft., is made of Chicago brick and the addition will serve as an office and security checkpoint for the mini storage that will accom- modate approximately 115 10' x 30' garage units. These units will have steel removable dividers that allow more freedom to the individual tenant. The intent is to house cars and boats, etc. The zero lot line is requested so the backside of the building will act as the fence, instead of the typical cyclone barbed wire. The applicant expressed his desire to construct the building of decorative concrete block or possibly siding. The roof may either • be gabled or slanted. Adjacent land uses are L1 (Light industrial)' to the south and east, parking for a semi truck warehouse to the north and L1 and R-4 (multiple) to the west. Power tools, is approx. 200 ft. to the sub- ject property on the south side. If approved, the Conditional Use and Variance Permits shall be subject to: 1) building material selection 2) roof selection 3) all applicable ordinances and requirements SG 0 n L J F-4 0 H4 444-4171. IIIA EXI W�"b vx PE 1 H-;A14-Lill411! C 3 A1+ V", A EV AMCrxIWATE AND LeAND APPP.CYA" CEDAR INDUSTRIAL PARK. -,MINI -STORAGE i NORMAN POQUETTE 'CONDITIMAL'USE PERMIT" Chairman Hall convened the public hearing concerning the application of Norman Poquette for a conditional use.permit for a live-in on-site apartment and a zero lot line variance for mini-storage on 1.7 acres on Lot 2, Block 1, Cedar Industrial Park located in the southwest quarter of Section 17, adjacent to Seneca Road. Dale Runkle presented the application which provided for a conditional use to allow an on-site apartment for the caretaker of the facility. In addition, the facility was to be desirtned so that the outside of the garages would act as a fence for the property, with internal circulation for users of the facility. It was indicated that the proposal exceeded the 356 lot coverage requirement to the extent that there would be 45% lot coverage. Concern was raised regarding the ability of the adjacent landowner, Power Tool, to expand its building, due to the zero lot line proposal. The owner responded, indicating that he thought Power Tool had maximized its lot coverage already. The owner also described the project as being a strictly one-story building with concrete and brick trim on the outside providing a� aesthetically pleasing building as compared to a Bloomington site. Harrison moved, Wilkins seconded the motion to recommend denial of the conditional use permit based upon establishing adverse precedent; lot coverage in excess of the amount allowed; and the need for present and future easements across the property. All voted in favor. • m Agenda Information Memo November 19, 1985, City Council Meeting Page Sixteen CONDITIONAL USE PERMIT/IN-HOME BEAUTY SALON B. Conditional Use Permit (Diane Hawkins) For an In -Home Beauty Salon Located in an Agricultural District --A public hearing was held by .the Advisory Planning Commission at their last regular meeting held on October 22, 1985, to consider an application for a conditional use permit to allow a beauty salon in a home located along Dodd Road, owned Diane Hawkins. The Advisory Planning Com- mission upon review of the City Code requirements for in-home beauty parlors and felt the application was acceptable and is recommending approval subject to various conditions within the City Code to the City Council. For additional information on this item, refer to City Planning Department report found on pages&0through & oi... For action taken by the Advisory Planning Commission, refer to a copy of those minutes found on page(s) &3 . • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the condi- tional use permit for an in-home beauty salon as _applied for by Diane Hawkins. • S9 r •. CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: DIANE HAWKINS LOCATION: 4711 DODD ROAD (NA SECTION 36) EXISTING ZONING: A, AGRICULTURAL DATE OF PUBLIC HEARING: OCTOBER 22, 1985 DATE OF REPORT: OCTOBER 15„ 1985 REPORTED BY: JIM STURM APPLICATION SUBMITTED: An application for a Conditional Use • Permit has been submitted to allow a beauty salon in a home located along Dodd Road in the NW's of Section 36. COMMENTS: A beauty salon is a conditional use within the R-1, Single Family District and Agricultural District, subject to the following conditions: a) Hours of operation shall be from 8:00 A.M. to 8:30 P.M. only. b) The only employee shall be an occupant of the household. c) The parking shall be on-site and shall be limited to two (2) customer automobiles. d) There shall be no commercial signs advertising the business except for the type of sign -that is allowed in R-1 Districts. • e) There shall be no over-the-counter sales of merchandise. Ample parking space will be available and no sign application has been requested. If approved the Conditional Use shall be subject to the previously listed conditions. ME ej / rN et, , i • i. i� i 3 �I 0 /76'---i bl'ale 114xJ�I I-5- �o a- ,.152odury .:r/Te 11i4 -iv (,r = sWIAv loCA7iol✓). APC Minutes October 22, 1985 the garages would act as a fence for the property, with internal circulation for users of the facility. It was indicated that the proposal exceeded the 35% lot coverage requirement to the extent that there would be 45% lot coverage. Concern was raised regarding the ability of the adjacent landowner, Power Tool, to expand its building, due to the zero lot line proposal. The owner responded, indicating that he thought Power Tool had maximized its lot coverage already. The owner also described the project as being a strictly one-story building with concrete and brick trim on the outside providing an aesthetically pleasing building as compared to a Bloomington site. Harrison moved, Wilkins seconded the motion to recommend denial of the conditional use permit based upon establishing adverse precedent; lot coverage in excess of the amount allowed; and the need for present and future easements across the property. All voted in favor. NAEGELE OUTDOOR ADVERTISING COMPANY - CONDITIONAL USE PERMIT Chairman Hall next convened the public hearing for the conditional use permit requested by Naegele Outdoor Advertising for an advertising sign • located on the Osman Temple property, located in part of the northeast quarter of Section 4, near Highways #13 and I-494. Planner Runkle presented the application indicating that the sign was within the Ordinance, being 40 feet in height, although the size of the sign exceeded the 250 square foot standard for advertising signs. It was indicated that in its discretion, the Council had in the past, occasionally approved signs of this size adjacent to major highways. It was pointed out that one or more signs already existed in front of the Lost Spur and there were questions raised whether this created a spacing problem under the City Code. The representative of Naegele indicated that the property on which the sign was to be located was not the original Osman property but a parcel recently acquired adjacent to the location of the Lost Spur. Harrison moved, Wilkins seconded the motion to table the application for 30 days for staff review to determine the type of sign presently in existence at the Lost Spur and its relationship to the applicant's sign. All voted in favor. BEAUTY SALON - DIANE HAWKINS - CONDITIONAL USE PERMIT • Chairman Hall then convened the public hearing on the application of Diane Hawkins for an in-home beauty salon in an Agricultural District, located in the southeast quarter of the southwest quarter of Section 36, near Dodd Road. Dale Runkle reviewed the staff report indicating that the house was located on a five acre lot set back with the road from a long driveway. Such uses have been allowed before when restricted to the conditions required under the Ordinance and set by the City. Harrison moved, Wilkins seconded the motion to recommend approval of the conditional use permit subject to compliance with all relevant City and State codes. All voted in favor. (0 3 2 Agenda Information Memo November 19, 1985, City Council Meeting Page Seventeen CONDITIONAL USE PERMIT/ADVERTISING SIGN FOR DON KLOBER C. Conditional Use Permit (Don Klober) for a Business Advertising Sign for Century 21--A public hearing was held by the Advisory Planning Commission at their last regular meeting held on Tuesday, October 22, 1985, to consider an application that was submitted for a conditional use permit to allow a pylon sign for Century 21, located on the northwest corner of the intersection of Yankee Doodle and Coachman Roads. The Advisory Planning Commission is recommending approval of this application. For additional infor- mation on the matter refer to the City Plannin Department report, a copy is enclosed on pages epe through [D� For a copy of the action taken by the APC, refer to those minutes found on pages) /09 • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the condi- tional use permit for a business advertising sign for Century 21. • Gq- CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: DONALD AND VIRGINIA KLOBER LOCATION: LOT 2, BLOCK 2, CENTURY ADDITION EXISTING ZONING: N.B. (NEIGHBORHOOD BUSINESS) DATE OF PUBLIC HEARING: OCTOBER 22, 1985 DATE OF REPORT: OCTOBER 15, 1985 REPORTED BY: JIM STURM APPLICATION SUBMITTED: An application has beensubmitted for • a Conditional Use Permit to allow a pylon sign for Century 21 located on the northwest corner of the intersection of Yankee Doodle and Coachman Roads. COMMENTS: The subject sign is both two -directional and lighted. The advertising area will be 5'4" X 8', or approximately 43 sq ft per side. The 86 sq ft is well within the City Code maximum of 250' or 125' per side. The height of the sign will be 18 feet, also within City Code. The submitted site plan locates the sign approximately 35 feet from the Yankee Doodle property line and 20 feet from the Coachman property line. • If approved, the sign shall be subject to. the Eagan sign ordinance fee of $2.50 per sq ft and all other applicable. ordinances. %s 44' • • 192.59' .y_.. 10'• 8' MNDUQ* TERM1M EY4,. '0I \ SEE DE741LS, TYIS SMT I 0 I •. I 1 G"COY . 5\% \T 10 L6¢S 0 / DCAlu4 aE OI \ w S I843 ��''' tout cute � (G4[. 4TIVI 6SS I " r $41 'rte _gs I f A go 'r"'--- OFF] ov Vol. BUILD). G / LIN LgwEL' LEVE- ft t�pN. 8'S4.o I aAS 'CJ N/ I La 7-1 1F 46 e .855.5 I'iO6 a. c,Mo . / r IS�WIDE CnY[.� S�Dtu u; t[GFW 61fJHWNS OnIVG41eY � / _n l/� 4 feRry ki Lor e4b II RS e [� t J— 159 98 YANKEE DOODLE ROAD &44 / 0� W, Colonial Gold Post APC Minutes October 22, 1985 CENTURY ADDITION - DONALD RLOBER - CONDITIONAL USE PERMIT/SIGN Next, Chairman Hall convened the public hearing on the application of Don Rlober of Century 21 for a lighted sign for Century 21 located on Lot 2, Block 2, Century Addition in that part of the southwest quarter of Section 9, off Yankee Doodle Road, west., of ,Coachman Road:;• Dale Runkle introduced the application indicating that the sign met City Code requirements. Wilkins questioned the ability of the second commercial building in the Century Addition to have a sign for its facility. The applicant indicated that he had discussed the situation with the neighboring owner and that there was sufficient room for a smaller sign of the type normally used by that type of a business. Harrison moved, Trygg seconded the motion to recommend approval of the conditional use permit. All voted in favor. RADIO TOWER - CONDITIONAL USE PERMIT - ROBERT BEIRSDORF Chairman Hall convened the public hearing on the application of Robert • Beirsdorf for an amateur radio tower to be located on Lot 4, Block 1, Park Cliff 2nd Addition in that part of the northeast quarter of Section 34 on Parkridge Court. Dale Runkle presented the application, indicating that the lot was presently vacant and that the owner and proposed builder, Mr. Beirsdorf was requesting approval of the amateur radio tower prior to commencement of construction on the lot. Mr. Runkle indicated that City Code allows a tower up to 37.5 feet. Mr. Steve Thal, an attorney for Mr. Beirsdorf, appeared and supplied additional information to the Commission indicating that Mr. Beirsdorf's prior neighbors did not object to the tower and that the FCC had acted in regard to towers in residential neighborhoods. Although it appeared that the tower could be cranked up to a height of 55 feet, the applicant indicated that it would not exceed the 37 feet indicated which would be even with the maximum height of the proposed dwelling unit and only 7 feet in excess of the height of the garage behind which the tower would be located, also being sheltered by trees on the sides ana back, of the Lot. Adjacent owners did appear and address the ,commission, expressing concern • about the aesthetics of the neighborhood, electronic interference, and an adverse precedent. A petition was submitted, signed by 33 people from approximately 15 households. Covenants were discussed by the adjacent owners indicating that exterior towers were not allowed unless approved by the architectural control committee. Mr. Dick Winkler appeared as the owner and developer of the area and indicated that a tower had been constructed in Park" Cliff 1st Addition, which resulted in the drafting of covenants for the 2nd and 3rd Additions, which did not allow radio tower without the architectural committee approval. He did not indicate whether the architectural control committee would approve the proposed tower. Questions were also raised as to an apparent error in the Abstractor's list which resulted in many homeowners not having notice of this hearing. Harrison moved, Wilkins seconded the motion to postponethe hearing to the next Planning Commission meeting to allow the applicant to meet with the owners in the area and for staff to review the issues thereto. All voted in favor. Dale Runkle then pointed out that if the tower is restricted to less than 37.5 feet, that it is not necessary to obtain a conditional use permit. Thus, the application could be withdrawn. 40 q 3 • • Agenda Information November 19, 1985, Page Eighteen Memo City Council Meeting CONDITIONAL USE PERMIT/TIME EXTENSION FOR TEMPORARY .., �. ...,..,. r.. . rm ...., .....rmr..., D. Conditional Use Permit (Tollefson Builders, Inc.) For an Exten- sion of a Temporary Model Home in Brittany 1st Addition --A public hearing was held by the Advisory Planning Commission at their last regular meeting held on October 22, 1985, to consider an application submitted by Tollefson Builders Inc. requesting a conditional use permit to allow a model home to be used as an office in Brittany 1st Addition. The Advisory Planning Commission is recommending denial of the extension of the conditional use permit because a construction office if not a permitted use to begin with and it should be terminated as quickly as possible. ,For additional infor- mation on this item, refer to the Planning Department report found on page (s)% / 7j For action taken by the Advisory Plan- ning .�C�o/mmission, refer to a copy of those minutes found on page(s) —S' ACTION TO BE CONSIDERED ON THIS ITEM: To approve or tional use permit to extend the use of a temporary Brittany 1st Addition for Tollefson Builders Inc. `7 0 deny the condi- model home in �J • • fl ..CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: TOLLEFSON BUILDER'S INC LOCATION: L 4, BL 2, BRITTANY ADDITION (SA SEC 33) EXISTING ZONING: R-1, SINGLE FAMILY DATE OF PUBLIC HEARING: OCTOBER 22, 1985 DATE OF REPORT: OCTOBER 16, 1985 REPORTED BY: JIM STURM APPLICATION SUBMITTED: An application has been submitted requesting a Conditional Use Permit to allow a model home to be used as an office in the Brittany Additions. COMMENTS: The use of a model home for an office is permitted use within City Code. The office is permitted until 85% of the dwelling units are occupied. Brittany 1st Addition is now 948 complete. The applicant is requesting an extention in the present model home at 1655 Norwood Drive until a new model in the Brittany 8th Addition is built. The subject model home/office has been listed with a realtor. 7a� j•,ti W YT.0 y-- •• 00 _ -L _ W i i I ' ' I Z L . 4n• WOWto �' v %\� • • r yy ` 14' 110 • 1014�• I. !, /,i P r. �• �• Q I ✓ f', YO\. '� 1051• _, nrI •Ln V � 106 •! , + , was ... I • _ • I11 �`1 •e � =• • a� 91• ,/9 eo •yJ LSI 1r-_ � tJy e�/`\•�: •�! �. OI1SOf ' .�•�• \ BRITTANY 4�?� rT4NY COURT 11I .Y• R 1,1.. If' ]! ti M N d •I N • r •• •1 W 4. S1 'SI Lam• 'w� = I w•.nr•ee•n•u•M • PRELIMINARY PLAT OF _I BRITTANY MANOR � P• I YW,1M 6 •YWT- j•,ti W YT.0 y-- •• 00 _ -L _ W i i I ' ' I Z L . 4n• WOWto �' v %\� • • r yy ` 14' 110 • 1014�• I. !, /,i P r. �• �• Q I ✓ f', YO\. '� 1051• _, nrI •Ln V � 106 •! , + , was ... I • _ • I11 �`1 •e � =• • a� 91• ,/9 eo •yJ LSI 1r-_ � tJy e�/`\•�: •�! �. OI1SOf ' .�•�• \ BRITTANY 4�?� rT4NY COURT 11I .Y• R 1,1.. If' ]! ti M N d •I N • r •• •1 W 4. S1 'SI Lam• 'w� = I w•.nr•ee•n•u•M BRITTANY FIRST ADDITION — TOLLEFSON BUILDER'S, INC. CONDITIONAL USE PERMIT Chairman Hall then convened the public hearing on the application of Tollefson Builders, Inc. for extension of the conditional use permit for a temporary model home in Brittany 1st Addition, Lot 4, Block 2, on Norwood Drive. Dale Runkle presented the application, indicating to the Commission that the present dwelling unit had been designated as a model home for five years. It appeared that Brittany lst Addition was 94% completed and that the developer was requesting a six month extension in order to sell the property, and move his business. Mr. Rudolph appeared on behalf of the adjacent homeowners in Brittany Addition, indicating that the moael home was constructed in 1980 as a parade home, with the builder representing to owners that as a parade home, the home would be sold in the near future. The surrounding owners complained that the home was not only a model home, but a construction office with construction crews, trucks and other vehicles constantly arriving, departing and parking at the location. It was the homeowner's position that the proposed use was a violation of the covenants put in place by Tollefson Builders, and that the lot next to the dwelling wa being used entirely as a gravel parking lot. The owners expressed concer� regarding small children in the area, due to the large amount of traffic, litter and presence of construction workers. There were complaints of lawn damage to surrounding homes, traffic and double parking problems, operation of the business beyond normal hours, and the parking of construction vehicles overnight and on weekends. There were also complaints about snow removal in the parking area burdensome to adjacent property owners. Mr. WayneBevers appeared on behalf of Tollefson Builders as the controller.for Tollefson. 'He indicated the need for the temporary extension in order to comply with the needs of the neighborhood and to move the business. Chairman Nall pointed out that model homes are not the same as a construction office and that moving to another location will not suffice as a business and is not to be located in a model home under City Code. Harrison moved, -Hall seconded the motion to deny the conditional use permit, subject to the following conditions and instructions: 1. That a construction office is not an allowed use for a residential home or model home. 2. That future model homes not be used as a construction office. 3. That the City enforce removal of the construction office by legal methods, if necessary. 4. That the adjacent parking area be corrected by enforcement of the zoning and subdivision ordinances along with .the applicable development contract. All voted in favor. Agenda Information Memo November 19, 1985, City Council Meeting Page Nineteen CONDITIONAL USE PERMIT/ON-SALE WINE & BEER AT SLICERS PIZZA E. Conditional Use Permit For On -Sale Wine & Beer At Slicers Pizza - A public hearing was held by the Advisory Planning Commission at their last regular meeting held on October 22, 1985, to consider an application that was submitted by Slicers Pizza Restaurantfor a conditional use permit to allow the sale of wine and beer in their establishment located in the Cedar Cliff Shopping Center. The Advisory Planning Commission is recommending approval of the conditional use permit to the City Council. For a copy of the Planner's Report, �rrefer to that documents enclosed on pages 7& through 7p, . For a copy of the action that was taken by the Advisory Planning Commission, refer to page(s) % 9 At a recent City Council meeting a question was raised by the City • Council regarding a review of the development agreement language for the Cedar Cliff Shopping Center to determine whether any re- strictions were made regarding the sale of on -sale beer, wine or liquor. The City Administrator has researched the City Council minutes approving the preliminary plat dated July 2, 1989, and there is no mention of liquor in the conditions of approval. There is a paragraph in the general minutes that reads as follows: "there was discussion concerning the issues reviewed at the neighborhood meeting and it was noted that there would be a restrictions against the sale of on -sale liquor on the premises within the development." Apparently, discussion evolved around ons -sale liquor and not 3.2 beer and wine. After reviewing the development agreement, Exhibit B, there are no conditions that relate to on -sale liquor. There is a specific condition stating that no gas pumps will be allowed within the plat and another condition regarding hours which are limited to 7:00 a.m. to 1:00 a.m. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the condi- tional use permit for on -sale wine and beer at Slicers Pizza. 7S CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: DRISCOLL MILLER INVESTMENTS, INC LOCATION: LOT 1, BLOCK 2, CEDAR CLIFF COMMERCIAL PARK EXISTING ZONING: P.D. (PLANNED DEVELOPMENT) DATE OF PUBLIC HEARING: OCTOBER 22, 1985 DATE OF REPORT:.00TOBER 15, 1985 REPORTED BY: JIM STURM APPLICATION SUBMITTED: An application has been submitted request- ing a Conditional Use Permit for the sale of wine and beer at Slicers Pizza Restaurant, located in the 'Cedar Cliff Shopping Center. COMMENTS: City Code requires a Conditional Use Permit in addition to a liquor license. The applicant has applied for the liquor license contingent on the approval of the Conditional Use Permit and all other City Codes and requirements. The City Police Dept. has approved the application and this item will be on the November 6, City Council agenda. If approved, the Conditional Use Permit shall be subject to all City codes and requirements pertaining .to the sale and use .of beer and wine. to 77 �T i yy `9 ~•ifr.a `� m �c•�'r. 0'L 2135 2191 214.9 214 .— 2143— 215 - .-.------ -- �-- - - - z¢T \ • Lm45 WirH Fite IeDP,7M We o sn,DS ce. sou srua5• HAtJD-C,-+Yt=D PERS:."S. RZnviae 'fz-HP. • •_l o a DGLoeLDD DG D o c oG o ; I _ _ DN G oe oc LJL-IU CLL 5 -JD Do Oa 00 0- 9GT I'l. ® -1D Cl ®etr D Cr 44. I -1 "�1 r OJT EA'GAN :. R E 4 6Y D . BY q o� DATE APC Minutes October 22, 1985 1. That a construction office is not an allowed use for a residential home or model home. 2. That future model homes not be used as a construction office. 3. That the City enforce removal of the construction office by legal methods, if necessary. 4. That the adjacent parking area be corrected by enforcement of the zoning and subdivision ordinances along with the applicable development contract. All voted in favor. SLICER'S PIZZA RESTAURANT DRISCOLL MILLER INVESTMENTS, INC. — CONDITIONAL USE PERMIT Chairman Hall convened the public hearing on the application of Driscoll • Miller Investments, Inc. for a conditional use permit for on—sale wine and beer at Slicer's Pizza Restaurant, Lot 1, Block 2, Cedar Cliff Commercial Park Addition, located in that part of the southeast quarter of Section 30, at Nicola Road and Cliff Road. Dale Runkle presented the application, indicating that a conditional use was required in addition to a separate application for a beer and wine license, which was being processed simultaneously through the Police Department, City Clerk and State. Review of the application indicated that it appeared to be a restaurant facility, as opposed to a bar. Harrison moved, Trygg seconded the motion to approve the conditional use, subject to compliance with all City Code requirements. All voted in favor. TOWN CENTRE 70 — PRELIMINARY PLAT — DETAILED SITE PLAN REVIEW The Planning Commission next considered the detailed site plan for Town Centre 70 regarding the replatting of Outlot D and Lot 1, Town Centre 70 First • Addition, providing for the construction of a 57,000 square foot Rainbow Food Store and 96,000 square foot shopping center. City Planner Dale Runkle presented theinformation, indicating that Planning Commission's action was a formality since there was lack of proper notice for public hearing. There was " discussion regarding coverage, setbacks, parking spaces, and elevations. Mr. Runkle indicated that the proposal would still be subject to detailed landscaping and erosion control, drainage and grading and architectural plans. The 'developer indicated that they also wished to propose replatting of Outlots A and C. Trygg moved, Harrison seconded the motion to recommend approval of the proposal, subject to meeting all staff requirements and City Code provisions, including the following: 1. The applicant shall submit: -79 5 Agenda Information Memo November 19, 1985, City Council Meeting Page Twenty CONTRACT 85-26, WELLS #8 AND #9 A. Contract 85-26, Receive Bids/Award Contract (Wells #8 and #9) - At 10:30 a.m, on November 8, formal bids were received for the development and construction of Wells #8 and 9 within the Royal Oak Circle Subdivision. Enclosed on page —,V_ is a tabulation of the bids received and a comparison of the low bid to the engineer's estimate. As can be seen, the low bid came in substantially over the engineer's estimate (21.1%) and there were only two bids received. Because of the growing demands placed on our water system, the • Public Works Director wanted to have Wells #8 and 9 available for temporary pumping on June 15 and July 15 in 1986 respectively, in anticipation of next summer's peak demands. This resulted in a very tight time schedule for the development of both wells due to their proximity to each other and depth of construction. Because of concerns received from well drillers, alternate #1 provided for an extension of the completion date of Well #8 to September 15 and alternate #2 provided for an extension of the completion date for both Wells #8 and 9 to September 15, 1986. There were substantial penalties of $250 per calendar day for failure of the contractor to meet the specified completion date for each well. In reviewing the bids received and discussing the project with the interested bidders, it has been determined that our completion dates are notfeasibleand that the high bids reflect the contractor's anticipation of not being able to meet it and • subsequently incurring substantial penalties. It is felt that if the completion dates were extended, more favorable bids could be received. Therefore, the Public Works Director and Consulting Engineer are strongly recommending that the Council reject all bids and authorize a readvertisement for a new bid opening- to be held at 10:30 a.m. on Friday, December 13, 1985. The new specifications would state a completion date of September 15, 1985 for Well #8 (Jordan) and June 1, 1987 for Well #9 (Hinckley - Mount Simon). ACTION TO BE CONSIDERED ON THIS ITEM: To reject the bids received for contract 85-26 (Wells #8 and 9) received November 8, 1985 and authorize a readvertisement for a new bid opening to be held at 10:30 a.m, on Friday, December 13, 1985. Our File No. 49369 Base Bid Alt. #1 Alt. #2 Low Bid .372,265.00 363,515.00 351,470.00 ENGINEER'S ESTIMATE -- 307,300.00 307,300.00 307,300.00 % W Engineer's Est, 21.1% 18.3% 14.4% DEEP WELL NO. 8 & 9 CONTRACT NO. 85-26 PROJECT NO. 457 FOR EAGAN, MINNESOTA BID TIME: 10:30 A.M., C.S.T. BID DATE: Friday, Nov. 8, 1985 CONTRACTORS BASE BID ALT 41 ALT. #2 1. Bergerson Caswell $372,265.00 —8,750.00 —20,795.00 2. Layne MN 523,171.00 —0— NONE 3. Keys Well Drilling No Bid — — 4. E.H. Renner No Bid — — • 5. Hydro Engineering No Bid — — o. 7. 8. 9. Base Bid Alt. #1 Alt. #2 Low Bid .372,265.00 363,515.00 351,470.00 ENGINEER'S ESTIMATE -- 307,300.00 307,300.00 307,300.00 % W Engineer's Est, 21.1% 18.3% 14.4% Agenda Information Memo November 19, 1985, City Council Meeting Page Twenty-one CONTRACT 85-27, EAGANDALE COURT/STREETS 8 UTILITIES B. Contract 85-27, Receive Bid/Award Contract (Eagandale Court - Streets and Utilities) - A Bid opening was held at 10:30 a.m. on Friday, November 15, for the above referenced contract. Enclosed on page _�_ is a tabulation of the bids received and a comparison of the low bidder to the estimate contained in the feasibility report and the engineer's estimate based on detailed plans and specifications. An analysis of all bids received will be performed with a final recommendation being made by the Public Works Director at the Council meeting on November 19. • ACTION TO BE CONSIDERED ON THIS ITEM: To contract 85-27 (Eagandale Court - Street award the contract to the lowest responsible • O receive the bids for Streets and Utilities) and bidder. Our File No. 49368 CITY CONTRACT No. 85-27 EAGANDALE COURT PROJECT No. 459 WESTBURY PATH PROJECT No. 369B b 441A UTILITY b STREET IMPROVEMENTS EAGAN, MINNESOTA CONTRACTORS 1. M. Danner Trucking • 2. F.M. Frattalone Exc. 3. Northdale Construction 4. L & G Rehbein 5. Encon Utilities 6. Burschville Construction 7. Lake Area Utility 8. Arcon Construction 9. Forest Lake Con. 10. Lund Asphalt 11. Lametti & Sons • 12. Orfei & Sons 13. Annandale S & W 14. 0 & P Contracting 15. S.J. Louis Construction 16. Alexander Construction 17. M & M'Sewer & Water Project 459 Low Bid $102,450.45 Feasibility Report - 111,620.00 ENGINEER's ESTIMATE - 104,600.00 % (-) Engineer's Est- -2% %(-) Feasibility Est- -8% BID TIME: 10:30 A.M., C.S.T. BID DATE: Friday, Nov. 15, 1985 TOTAL BASE BID $132,911.95 136,152.15 136,478.25 139,748.40 148,371.00 151,273.50 170.115.90 No Bid No Bid No Bid No Bid No Bid . No Bid No Bid No Bid No Bid No Bid Project 369B & 441A Bid (Part A) -- $19,241.00 Feasibility Report- 10,600.00 ENGINEER'S ESTIMATE 11,800.00 % (+) Engineer Est- +63% % (+) Feasibility — +82% MEMO TO: HONORABLE MAYOR 8 CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 15, 1985 City Code Update The City Clerk's office has received numerous pages updating the City Code document. If it isn't too much of an inconvenience, please bring your City Code books to the next City Council meeting and the City Clerk's office will insert all the new pages bringing your copy up to date. We plan to contact the Advisory Parks Commission and Planning Commission and update all their documents as well. is Municipal Legislative Commission Update Enclosed on page through is a copy of the Municipal Legislative Commission background that was distributed at three (3) different regional breakfast meetings these past two (2) weeks. Dr. Patricia M. Cook Letter I received a letter from Dr. Patricia Cook, who is a resident of the City of Eagan and works as an emergency medicine physician at Divine Redeemer Hospital. According to the letter, Mayor Blomquist and each member of the City Council were copied this letter. For your information, a response letter from this office and Dr. Cook's letter are enclosed on pages ' through 091-rfor your review. The City Administrator will update the lty Council on further development regarding the 24-hour emergency • care and ambulance service toward the end of the City Council meeting on Tuesday. Water Quality Management Funding The City has pursued funding options for preparing the Comprehensive Water Quality Management report. Administrative Assistant Hohenstein checked with the Minnesota Pollution Control Agency and, apparently, the Environmental Protection Agency does not have money available for new projects at the present time. There is a -current environmental protection bill which will include funds but not until the spring of 1986. The current attitude of the EPA is that any grants extended should be used to implement studies that have been done with City funds. Therefore, it is unlikely that any financial assistance will be available for the Water Quality Management study. HONORABLE MAYOR & CITY COUNCILMEMBERS NOVEMBER 15, 1985 PAGE 2 Results of Eagan Clean -Up Day Enclosed is a letter that was sent to the City by Mr. Bernie Beermann, of Beermann Services, that provides a breakdown of those items brought to the City collectioQ/point on October 19. A copy of that letter is enclosed on page W. Ohmann Property Enclosed is a memorandum prepared by the Director of Parks .& Recreation regarding a purchase proposal for the Ohmann estate. The City Administrator and possibly Director of Parks & Recreation Vraa would like to discuss this memorandum and ask for specific direction toward the end of the City Council meeting on Tuesday. • A copy of the memorandum is enclosed on pages7 through Op. 1986 Public Enterprise Budget —/Y— The detailed budget for the 1986 public enterprise funds will be distributed on Monday. The Director of Finance and City Administrator have used the one-week delay in the special City Council meeting to further review the budget and provide a more comprehensive summary for review by the City Council. This document will be distributed as a part of the Administrative Agenda. Certificate of Conformance. The City of Eagan has been notified by the Government Finance Officers Association that our Director of Finance is again the • recipient of the Financial Reporting Achievement Award. The Certificate of Conformance is the highest form of recognition in governmental accounting and financial reporting and its attain- ment represents a significant accomplishment by government and its management. Centralization of County Facilities Enclosed is a copy of a letter and the resolution addressing Centralization of County Facilities as prepared by the City Add/m�i'nistrator. The attachments can be found on, pages � through t0 HAMPTON HEIGHTS GRADING PERMIT #EX16-265, VIOLATION AND CITATION As the Council may recall, on November 6, Mr. Mark Parranto re- quested special consideration for the issuance of the above -ref- erenced grading permit subject to his compliance with fulfilling the required performance bond. On November 14, a routine inspec- tion revealed that the grading operations had commenced without the issuance of the grading permit due to the performance bond requirement not being complied with. At this time, a verbal order was issued to the site superintendent to cease all operations until a permit had been issued. In addition, two phones calls were placed to Mark Parranto informing them of the stop work order. On Friday, November 15, it was again observed that the grading operations had commenced even though the status of the grading permit had not changed. A second verbal stop work order was issued to the grading superintendent informing him that no further work was to • commence without a written permit in hand. At 10:15 on the same morning, it was noticed that the grading operations had again com- menced without the authorization of the City. Subsequently, the Police Department was requested to issue a written citation to the grading superintendent re-emphasizing that no additional work is to be performed until the permit is issued. His response was that Mark Parranto had called his office and instructed them to restart even though a permit had not been issued. Until a satisfactory performance bond has been submitted and deemed acceptable by staff, a grading permit will not be issued and en- forcement of the City Code will be accomplished through periodic inspections and additional citations as necessary. • /s/ Thomas L. Hedges City Administrator 10 r, . MULEGIN�� COMMISSION 7900 Xerxes Avenue South Suite 1500 Bloomington. Minnesota 55431 (612) 338-6610 MUNICIPAL LEGISLATIVE COMMISSION BACKGROUND Over the last few decades, the population balance in the United States has shifted dramatically from the central cities to the suburbs. Nonetheless, the balance of political power in legislatures throughout the country has remained with the central cities or rural communities. The Municipal Legislative Commission, a coalition of 16 Twin Cities suburbs, was formed in December 1983 to counteract that political imbalance. These suburbs, representing a combined population larger than Minneapolis or St. Paul, banded together to attain the same political "influence the smaller central cities hold. This movement appears to be unique to Minnesota, where new political ideas have often taken root. Although the growth of the suburbs is a nationwide phenomenon, Minnesota is the first state to spawn a specific suburban -oriented lobbying institution. "The suburbs are the forgotten component of our political process,".explains Connie Morrison, Mayor of Burnsville and one of the driving forces behind the Municipal Legislative Commission. "No one has come to grips with the political realities of the 1980s and the major changes in the nature of the suburban/ urban equation," she adds. SUBURBAN POPULATION GROWTH The changes in that equation are significant: In 1950, the total population of the 16 Municipal Legislative Commission's member suburbs was slightly less than 55,000. At that time, three of themember suburbs --Plymouth, Maplewood and Shoreview -- were not even incorporated. In 1985, the combined population of these 16 suburbs is estimated at 550,100, a tenfold increase since 1950. • • Municipal Legislative Commission Background Page 2 In the meantime, the populations of the core cities of Minneapolis and St. Paul have dropped by more than half. Three times more people living in the Twin Cities area now live in the suburbs than in the core cities. Projections indicate that future growth in the area will come almost exclusively in the suburbs, particularly suburbs like Eagan, Eden Prairie, Maple Grove and Woodbury. In fact, the most recent population projections by the Metropolitan Council indicate that by the year 2000, the 16 member suburbs of the Municipal Legislative Com- mission will have a population greater than the.core cities of Minneapolis and. St. Paul combined. The present estimates indicate the MLC members' population by the end • of the century to be 621,000 and the population of the two central cities to be 593,000. 4 But for all that growth, influence in the Minnesota Legislature has been slow in coming_. Commission members consider the Local Government Aids Bill of 1983 a perfect example of that lack of clout. With the state fighting the effects of continued recession, the Legislature move to cut costs in several areas. One of the most serious cuts came from the local government aids budget, and the Twin Cities area suburbs took the hardest cuts of all. The 16 suburbs of the Municipal Legislative Commission lost almost $2 million in financial support already • promised by the Legislature. Bloomington, the largest suburb, lost $786,899, Edina lost $449,021 and Plymouth lost $271,419. Since these were revenues promised for 1984, they were calculated into the suburbs' operating budgets for 1984. The change in funding levels forced each of the suburbs to cut back on needed programs and delay or eliminate important local services. 0 Municipal Legislative Commission Background Page 3 LOCAL AID CUTS SPURRED COMMISSION It was this drastic cutback in local government aids, more than anything else, that led to the formation of the Municipal Legislative Commission. "The cities of Minneapolis and St. Paul have long had really strong lobbying teams at the Legislature," explains Jim Miller, City Manager of Minnetonka. "Their efforts often worked against our best interests, so it was time for the suburbs to develop a potent lobbying force of our own." The idea for the commission seemed to be brewing simultaneously in suburbs throughout the Twin Cities area. Miller and other city managers in the western and southern suburbs and Roseville City Manager James Andre and his colleagues in the northeastern suburbs all appeared to share similar objectives at the same' • time: the suburbs need a united lobbying effort to protect their interests at the Minnesota Legislature. Miller wrote a letter to city managers in the fall of 1983, suggesting discussion of a coordinated effort. The response to that letter was positive and immediate. By December, with city managers and elected officials alike in agreement, the Municipal Legislative Commission was formed. Each of the suburbs agreed to allocate funds to support the lobbying effort, and by January the commission had chosen a law firm to represent the suburbs as chief lobbyist. The law firm chosen was Larkin, Hoffman, Daly & Lindgren, Ltd., a Bloomington -based law firm with offices in downtown Minneapolis. It has an excellent reputation as a lobbyist and a strong tradition of serving suburban needs. • Their chief lobbyists for the commission are: Richard Forschler, a veteran of lobbying efforts at the municipal, state and federal levels, and Robert Renner, Jr., former Commissioner of the Minnesota Department of Energy; Planning and Development and top legislative aide to former Governor Al Quie. In April 1984, the 14 original members were joined by the City of Mounds view. In June, Blaine also joined the commission, bringing the membership to 16 suburbs. XA Municipal Legislative Commission Background Page 4 THE COMMISSION'S ORGANIZATION The commission is organized to share responsibility between elected and appointed officials. Elected officials and city managers make up the commission's board of directors. Roseville Mayor June Demos was elected the first President of the Municipal Legislative Commission in January 1984. In July 1985, she was succeeded by Connie Morrison, Mayor of Burnsville. The operating committee was first headed by Jim Miller, City Manager of Minnetonka and subsequently by Tom Hedaes, City Manager from Eagan. The operating com- mittee meets monthly to discuss suburban issues and make recommendations to the board of directors. The commission's efforts are designed to work with and support the 39 senators and representatives elected from the 16 suburbs. Morrison says one of the most important • elements of the commission's charter is to foster close coordination among the suburbs legislative delegations, elected officials and city managers. E "The reality is that we want our issues known, we needed to develop a commonality of interest and approach among our- selves," Miller says. "Once we started talking about the commission idea, it was amazing how quickly that coordination developed." The Municipal Legislative Commission is probably the only organization of its kind in American Politics. But it does not expect to be the only one for long. The Municipal Legislative Commission, and the commitment to a representative voice for the suburbs in American legislatures, is an idea whose time has come. THE MUNICIPAL LEGISLATIVE COMMISSION: THE FIRST SESSION --1984 The Municipal Legislative Commission's first session in the Minnesota Legislature was a testing one for the new organiza- tion. With major goals in the areas of local government aids, property taxes and metropolitan transit, the commission set itself stiff challenges. Through close coordination with other suburban organizations, a strong lobbying team and successful relationships with key suburban legislators, the commission was able to meet those challenges. The primary goals of the MLC in its first session was to recoup at least part of the more than $2 million its members lost in local government aids in the ,1983 session. Those losses occurred in 1984; without significant action by the Legislature, the losses in 1985 would have been even greater. Municipal Legislative Commission Background Page 5 The MLC was successful in restoring almost $2 million in local government aids to its member cities. It was also instrumental in the appointment of a commission to study the overall local government aids formula, a commission that has been active in the legislative interim and is closely monitored by the MLC." On other issues arising in the 1984 session, the MLC's influence was also felt. For example, the MLC lobbying effort helped develop a "feathering" provision for the cities' payment of the Metropolitan Transit Commission's subsidy. It also was involved in the creation of the Regional Transit Board, which will give suburban areas greater influence on the overall direction of the metropolitan transit operation. In the interim between sessions, the MLC also showed its growing influence by taking a strong stand on the management of the Public Employees Retirement Association (PERA). By threatening to withhold their employers' share of PERA contributions unless • major changes were made in the PERA board and its operation, the MLC helped spur the Legislature to act quickly on this important and controversial issue. THE MUNICIPAL LEGISLATIVE COMMISSION: THE SECOND SESSION --1985 The hallmark of the 1985 Session was a major income tax cut. Included as part of the Omnibus Tax Bill was a new local govern- ment aid formula that was aggressively supported by the MLC. For the first time, the MLC became a major influence in deve- loping a new formula. Enacted during the June Special Session, the new formula increased the amount of local government aid allocated to MLC cities from $14.5 million to $16 million, an increase of more than 118. In fact, 12 of the 16 cities received • the maximum increase permitted by law of 128. At the same time, the new formula began addressing the inquities of past local government aid formulas by limiting the amount of aid going to Minneapolis (28 increase) and St. Paul (8.18 increase). The 1985 Session also provided additional property tax relief to suburban residents. This was accomplished by increasing the homestead credit maximum from $650 to $700 and reducing the assessment ratio on higher valued homes from 30% to 29% in 1986,and to 28% in 1987. Other legislative changes that occured in 1985 which the MLC monitored included an appropriation which will fund sewer separation in the Metropolitan area, a new industrial revenue bond distribution formula and changes in the composition of Hennepin County's Regional Park Board. 4?/ • • Municipal Legislative Commission Background Page 6 The MLC had a successful 1985 Session. It not only achieved a new, more equitable local government aid formula,but just as important, most Capitol observers agree that it gained signifi- cant clout and played'a major role in developing policies which are advantageous to the residents of suburban areas. of cagan 3830 PILOT KNOB ROAD. P.O. BOX 21199 BEA BLOMQUIST EAGAN. MINNESOTA 55121 Maya PHONE: (612) 454-8100 THOMAS EGAN JAMES A SMITH November 13, 1985 JERRY THOMAS THEODORE WACHTER Cmimd Member DR PATRICIA M COOK THOMAS HEDGES 1201 SPOONBILL CIRCLE City ACmi Milo EAGAN MN 55122 EUGENE VAN OVERBEKE Ciry Ci Dear Dr. Cook: Thank you for your letter and comments regarding the status of emergency medical services for our community. The City of Eagan has recently adopted a position paper that is requesting consideration by major health care groups to provide a 24-hour emergency care facility within our community. This posi- tion paper, a copy is attached, was endorsed by the Eagan Chamber of Commerce, Economic Development Commission and City Council. The recent matter concerning Health Care One's ambition to seek ambulance service for the City of Eagan and surrounding communities has been addressed with Dave Miller, of Divine Redeemer Memorial Hospital, and area mayors and city managers. Health Care One's ambition to provide ambulance service to the City of Eagan and surrounding communities was carried out on their own volition. Our communities first priority is to locate a 24-hour emergency care facility while ambulance service is an option for the future. The City of Eagan is more than satisfied with the response and service that Divine Redeemer Memorial Hospital provides with its ambulance care unit. I discussed with Mr. Miller that the City of Eagan is not soliciting a new ambulance service. • Regarding the 24-hour emergency care facility, the City is hopeful that a major health provider will purchase land and make a commit- ment to construct and operate such a facility. Since the City is. not providing any kind cf tax incentives or other inducements, it will treat a medical complex in much the same way as other commercial facilities that are constructed within the community. Your comments shared in a November 1, 1985, letter are interesting and most helpful as we pursue and consider future health care needs. Your letter will be kept on file, and please feel free to contact me at any time regarding any additional discussion regard- ing this matter. Sincerely, Thomas L. Hedges City Administrator TLH/j L--- THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY November 1, 1985 Mr. Thomas Hedges City Administrator 3820 Pilot Knob Road Eagan, :iinn: sots 55121 Dear Mr. Hedges: DIVINE REDEEMER MEMORIAL HOSPITAL 724 Nineteenth Avenue North South St. Paul, Minnesota 55075 (612)450-4500 • I am writing you not only as an Emergency Medicine physician at Divine Redeemer Hospital, but also as a very concerned Eagan resident. Perhaps you will recall the October City Administrator's meeting at the Pannekoeken House at which time I re -introduced myself as the Eagan resident khan you assisted in the snow -plowing problem last winter. At this time I am again addressing a very big concern, not only personal, but affecting the entire community. This concern deals with the Emergency Medical Services of the conunzity. As an Emergency Medicine phitsician I am well aware of the present competition in the EMS area, particularly involving a new developing area with many new prospective medical possibilities. such as Eagan. It has come to my attention that you have requested a new clause to be added to the current Divine Redeemer EMB contract with your service area and that this very possibly arises frau offers made by our competitor Health One. I feel I have concerns to convey to you regarding Health One as I too was approached by them approximately 16 months ago to take a position in their Emergencv Roan at United Hospital. However, after 6 months tinder their employment, I found it • to be very disillusioning and disappointing. It was very difficult to approach the people in charge concerning problems, new ideas, or real.concerns, and they did not seem very interested once I had care tinder their employment. As I said the salesmanship was great, but in actuality it did not live up to its expectations and I returned to work at Divine Redeemer. I am also concerned about the poor reputation of the Smith Martin Ambulance Service which is the service that Health One has purchased and would be implementing in my cc mnnity. As a resident of Eagan I take a very personal interest in the EMS service given the area, should I or my parents, who also live in the community and have required much assistance in the past, require more assistance and service in the future. Since returning to Divine Redeemer and again working closely with the paramedics who service Eagan now, I am very personally involved in quality assurance to continue the quality of care at its highest 10 An American Health Management Hospital ^' PAGE 2 Letter to Mr. Thomas Hedges levels, with knowledgable, considerate, and professional personnel. I hope that you will take this letter seriously as you did w concern last winter. If you have any further questions or would like to discuss this in person at greater length, I would be happy to make myself available. Thank you very much. Sincerely, /�i. no -&4 Patricia M. Cook, M.D. 1201 Spoonbill Circle Eagan, MN 55122 cc: B. Blonquist, Mayor of Eagan Eagan Counselmen y� 0 0 BEERMANN SERVICES 6900 Dixie Ave East Inver Grove Heights, MN 55075 October 28,1985 City of Eagan 3830 Pilot Knob Road9 PO Box 21199 Eagan, MN 55121 Re: Eagan Cleanup Day • Dear Mr. Hohenstein: Here is a statement of tonnage taken in that you requested. 4 tons of trash for Pine Bend Landfill 15 yards of concrete & construction debris 75 tires 3 tons of recyclable materials 3 tons of appliances and metals 5 barrels of drain oil 10 batteries 5 yards of recyclable wood Goodwill Industries had approximately one—half trailer full. There were about 200 participants. This is only an approximation because we only kept a record of those who had a charge involved with the material they brought to us. We enjoyed working with your community and hope to be able to do so again in the future. Re have note as of this date, received your payment of $50.00, jac ly uzrsp C// Burnell E. Beermann 0 5 MEMO TO: THE HONORABLE MAYOR AND CITY COUNCIL TOM HEDGES CITY ADMINISTRATOR .FROM: REN VRAA DIRECTOR OF.PARRS AND RECRE DATE: NOVEMBER -13# 1985 SUBJECT: PURCHASE PROPOSAL — OHMANN PROPERTY A meeting (tentative) has been set up the week of November 18 with three members of the Ohmann family. Combined, these three members own 33.7 acres and are identified as parcels C, D and E on the attachment. Parcel F is owned by LaVerna who has indicated only a passing interest in selling. Negotiations with LaVerna will be held independently from the other three members who are interested and willing to sell at this time. Parcels A and B are of no interest to the City because of topography, vegetation, etc. Now that the estate for George Ohmann has completed and filed the estate tax return, it would be appropriate that we make a formal offer to the heirs for the parcels the City desires. We estimate that this land is valued at approximately $12,000 an acre. However, staff is aware that Derrick Land Company has or is about to submit an offer estimated to be between $12,500 and $14,500. Apparently this offer has been verbal and is based on settlement of taxes, etc. Staff would like authorization from the City Council to make a written offer for the three described parcels, as well as all of or at least a portion of Parcel F in the amount to be determined by the City Council. Staff is recommending that it be authorized a figure of $1,3,000 an acre. P Ren Viaa.a— • Director of Parks and Recreation RV/dk • • ----.Inn CLIFF RD. aw•.rw•t____ SURVEY OF — GEORGE OHMANN ESTAi 1 nano. 1 •? 1 PARCEL 4 ;t o i 1 ,I i¢ e I PARCEL B ' : .121 K. L =SEE "TAIWe w... 1IjL � I �.li .Y �'1 nun •w•rn. 1 .L i DETAIL :vo . J o PARCEL C u z. K. i .. m H i t � 9]l K II2 Si•---• ,, I;.I PARCEL D I• _—:_._... 11 27 K 1 i i PARCEL E -� � 11.11 � eIJ - I I I 1 II � PARCEL F ao la AC. I I 1 PARCEL O i 69p K Y s• b R i i PARCEL 1 ~ � IIM 11 •w•f'A't , H i t � 9]l K 3830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 November 18, 1985 MR FRED JOY, DAK CTY ADMIN DAK CTY GOVT CTR 1560 HWY 55 HASTINGS MN 55033 Re: Centralization of Countv Facilities Dear Mr. Joy: BEA BLOMOUIST Moya THOMAS EGAN JAMES A SMITH JERRY THOMAS THEODORE WACHTER CWMd Members THOMAS HEDGES City ACmotsftWu EUGENE VAN OVERBEKE City Clete Recently, Commissioner Steve Loeding attended a Mayor/Manager Break- fast in West St. Paul and discussed the future location of County- wide facilities. Apparently, Dakota County is considering several public facilities that could total up to $35 million and obviously, the location of these public facilities is of great importance to the County's constituency. The City of Eagan is experiencing rapid growth which appears to be typical of northern Dakota County. In order to consider centraliza- tion of County facilities to the constituency, both geographical and population centers should be strongly considered when future public facilities are funded and constructed within our County. In official action that was taken by the Eagan City Council, ata special meeting that was held on Tuesday, November 12, 1985, .a resolution was enacted that strongly encourages the Dakota County Board of Commissioners to acquire land and construct future County facilities in locations that consider 1) a central geographic location, taking into consideration interstate and County highway accessibility, and 2) the present and future population center. A copy of that resolution is enclosed for your review. The information that was sent to the City by Commissioner Loeding has been very helpful and on behalf of the Eagan City Council, we are very appreciative of our County commissioners taking the time to share their long-range, public -facility planning objectives with - our communities. THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY -LETTER TO DAKOTA COUNTY ADMINISTRATOR NOVEMBER 14, 1985 PAGE TWO If I can be of any assistance or provide some discussion at a future County Board meeting on the significance of centralizing County facilities, I would be more than happy to provide my assis- tance. Sincerely, O lva,�yV,L- Thomas L. Hedges 'City Administrator cc: Chairman & County Commissioner Russ Streefland County Commission John Voss County Commissioner Joseph Harris • County Commissioner Gerald Hollenkamp County Commissioner Steve Loeding Mayor Will Branning, Apple Valley Mayor Connie Morrison, Burnsville Mayor Patrick Akin, Farmington Mayor Duane Zaun, Lakeville Mayor Lu Stoffel, Hastings Mayor William Saed, Inver Grove Heights Mayor Robert Lockwood, Mendota Heights Mayor Leland Knutson, Rosemount Mayor Ken Kube, W. St. Paul TLH/kf i CITY OF EAGAN RESOLUTION CENTRALIZATION OF COUNTY FACILITIES WHEREAS, the Dakota County Board of Commissioners is proposing a major capital improvements program to fund the construc- tion and location of certain public buildings within Dakota County; and, WHEREAS, the Dakota County Board of Commissioners has determined these public facilities are needed for the purpose of serving residents throughout Dakota County; and, WHEREAS, geographic location in population centers are an important consideration when public facilities are planned providing for the delivery of County services. NOW, THEREFORE, BE IT RESOLVED that the City of Eagan strongly encourages the Dakota County Board of Commissioners t� acquire land and construct future County facilities in locations . that consider 1) a central geographic location taking into consider-. . ation Interstate and County highway accessibility, and 2) the present and future population center. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: • Seconded by: Those in favor: Those against: Dated: CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution - was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 19th day of November, 1985. E.J. VanOverbeke, City Clerk City of Eagan /6 EAGAN CITY COUNCIL REGULAR MEETING NOVEMBER 19, 1985 CITY ATTORNEY CITY ADMINISTRATOR 1. Personnel A. Hiring of Deanna Kivi as Special Assessments Clerk B. Addition of PHP to the City's Health Insurance Program • 2. Postal Center 3. Mega -Mall DIRECTOR OF PUBLIC WORKS 1. Final Plat Approval, Hillandale Addition #3 (Michael Construc- tion, Inc.) 2. Proposed Eagandale Office Park 3rd Addition Sanitary Sewer Connection (Trammel Crow Company) • INFORMATIVE MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: NOVEMBER 18, 1985 SUBJECT: ADMINISTRATIVE AGENDA CITY ATTORNEY There are no items to be listed under City Attorney. CITY ADMINISTRATOR Item 1. Personnel --Two (2) Personnel Items have been submitted for consideration by the City Council since the packet was developed on Friday. A. Hiring of Deanna Kivi as Special Assessments Clerk --Over • 40 applications were received for the City's vacant assessment clerk position. After screening these applications, 14 applicants were given a two-hour written examination. Applicants receiving the top six scores were then interviewed by the Finance Director and Administrative Assistant Duffy who is in charge of Personnel. It is the recommendation that Deanna Kivi of 2053 Quartz Lane be hired to fill the vacancy. Since Ms. Kivi is presently a part-time clerk typist in Administration, it will be necessary to authorize the filling of the new vacancy. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Deanna Kivi as Special Assessments Clerk and authorize the adver- tisement to fill the vacant clerk typist position. B. Addition of PHP to the City's Health Insurance Program --The Director of Finance and Administrative Assistant Duffy have received • a number of requests to add Physicians Health Plan (PHP) to the City's health insurance program, in addition to Group Health and MedCenter Health programs. The reason presented was that when Mutual Service Insurance withdrew from the program, employees lost. the option to chose their personal physician. These employees were then requestinga plan such as PHP which would replace MIS in the City's program in addition to the existing HMO's. A meeting of the Insurance Committee was held on November 7. Representatives were present from all three health plans. There are obviously pros and cons to adding the third HMO; however, after members of the Insurance Committee polled the employees who they repre- sented, a majority of the employees were in favor of adding PHP to the present program. Therefore, it is the recommendation of the Insurance Committee that this be formally approved by the City Councilat the 11/19/85 meeting so that the open enrollment period for all three programs may be held in early December as usual. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the addition of a Physicians Health Plan to the City of Eagan's present health insurance program. to �- Item 2. Postal Center --Mayor Blomquist is suggesting that the City Council discuss plans the U. S. Postal System has for locating an administrative processing postal center in the City of Eagan. ACTION TO BE CONSIDERED ON THIS ITEM: There is no action to be taken on this item at this time. Item 3. Mega -mall --Mayor Blomquist asked that this letter be shared with the City Council to determine whether formal support should be given to this request. (Letter enclosed on page (s)& - 0.) ACTION TO BE CONSIDERED ON THIS ITEM: Action required would be in the form of support for the Mega -mall by the City of Bloomington and Simonson Realty, Inc. DIRECTOR OF PUBLIC WORKS • Item 1. Final Plat Approval, Hillandale Addition #3 (Michael Construction Inc.) - We have received a request for final plat approval for the above referenced subdivision. All conditions placed in the preliminary plat approved by Council action on May 15, 1984 have been complied with in this final plat application. In addition, all final plat application materials have been submitted, reviewed by staff and found to be in order for favorable Council action. A copy of the proposed final plat is included on page ,[(L. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for the Hillandale Addition #3 and authorize the Mayor and City Clerk to execute all related documents. r1 LJ Item 2. Proposed Eagandale Office Park 3rd Addition Sanitary Sewer Connection (Trammel Crow Company) --Staff is in receipt of .a request from the developer's engineer for sanitary sewer service to the Sperry headquarters site within the proposed Eagan dale Office Park 2nd Addition. This sanitary sewer service must be connected to an existing 21" trunk sanitary sewer owned by the Metro Waste Control Commission. A representative from the MWCC indicated they require the Council to .pass a resolution stating that the proposed connection is consistent with Eagan's overall sanitary sewer plan and that they approve of the proposed connec- tion. • • Staff recommends Council approve this request because the MWCC sewer line is the appropriate and most cost-effective means of providing service to the Sperry Headquarters site. The developer will be required to obtain a permit from the MWCC for the actual connection upon Council approving this resolution and they will subsequently have to abide by the MWCC regulations and specifica- tions for such connection. Enclosed on page// Z is a copy of the location sketch. ACTION TO BE CONSIDERED ON THIS ITEM: To approve a resolution stating that the proposed sanitary sewer connection for the proposed Eagandale Office Park 3rd Addition (Sperry Headquarters) is con- sistent with Eagan's overall sanitary sewer plan and that the Council approves the proposed connection. INFORMATIVE Benefits of Treatment Plant Operation --Enclosed on page 1/3 is a memo from our Superintendent of Utilities identifying some of the benefits we are already experiencing from recent implementation of the Water Treatment Plant into our system. It's very pleasing and exciting to see such positive effects on not only the quality of the product produced for our residents but also the cost savings incurred by the City in delivering that product. 140,5 SIMONSON REALTY, INC. 686 WEST 92ND STREET • BLOOMINGTON. MINNESOTA 55420 • 161 21 884-7152 November 14, 1985 The Honorable Bea Blomquist Mayor of Eagan 4504 Oakchase Road Eagan, MN 55123 isr Mayor Blomquist: Enclosed is the latest fact sheet explaining the proposed financing package being requested by Bloomington for the Mall of America. The exemption of the site from the fiscal disparities pool is, of course, the controversial portion. The former Metropolitan Stadium site has always been exempt from the fiscal disparities pool, however, so there is no "loss" from the pool. I hope you will allow the Citizens Committee To Win One For Minnesota to use your name on the letterhead and list you as one of the members in a press release. The members are citizens from throughout the state who believe that the Mall of America will bring new jobs and new tax revenues to our state. I will look forward to hearing from you. My home telephone number is 881-5975. .Thank you for your help. Oncerely yours, Sondra R. Simonson SRS: td Enc. C11SPECIALIZING IN COMMERCIAL, INDUSTRIAL /�� RTMENT PROPERTY FOR USE OR INVESTMENT Rf®D QUESTIONS AND ANSWERS ABOUT TRE BLOOMINGTON MEGA MALL PROPOSAL The Bloomington legislative delegation recently proposed a plan for financing of the Mall of America also known as the Mega Mall. Following are some of the most commonly asked questions about the project. ROW WILL THE PROJECT BE FINANCED? All financing for the subsidies required from the City of Bloomington, as part of its development agreement with Triple Five Development Corporation of Edmonton, Alberta, would be generated solely by Bloomington taxes. These funds would be generated by: 1) An exemption for the specific BB acre Bloomington site from the Fiscal Disparities Pool which is similar to exemptions granted to other metropolitan area cities by the original legislation. 2) Other sources of tax revenues would be new taxes on hotels, motels and liquor -by -the -drink (on -sale liquor) establishments in Bloomington.. 3) Establishment of a "special service district" -.limited to the site only - which would have a local -option sales tax of up to a maximum of 1% within this special district. • WHAT ARK THE COSTS OF THIS PROJECT TO MINNESOTA AND ITS TAXPAYERS? WHAT ARS TH6 BENEFITS OF—THE PROJECT TO HUMSOTA? • COSTS: Under the proposed financing authorities requested from the Minnesota Legislature, there would be no cost to the taxpayers of Minnesota', no state subsidies to the project, no tax forgiveness of any kind, and no risk to Minnesota taxpayers related to the eventual success or failure of the project. BENEFITS:' The main benefits will include new jobs, new tax revenues for the State, a major new attraction which benefits tourism -- one of the state's largest industries --and a major new business investment in Minnesota. Questions & Answers Page 2 Many studies have been done on the project and their benefit estimates vary. The most conservative figure's -- the worst case numbers -- indicate an overall positive impact from development of the Mall of America. • Net new full-time equivalent jobs to Minnesota range from 12,000 jobs under the most conservative estimates, to 28,000 jobs. New annual tax revenue estimates to the state range from $65 million TO $119 million. The most conservative estimates are for $509 million in overall new state revenues during the first ten years of the project's construction and operation. * Over 3 million tourists are expected to visit the "Mall of America" each year. These tourists would account for as many as 12 million additional • tourist days for Minnesota's tourism industry. WHAT IF THE PROJECT FAILS TO MEET ITS PROJECTIONS AND DORS NOT SUCCEED FINANCIALLY? WHAT ARE THE RISKS TO THE STATE? The State of Minnesota has absolutely no risk in the project, nor does any _ Minnesota taxpayer. All the risk is being ,assumed by the developers and the. private lending institutions which have committed the financing for the project. Private investors will assume the risk from the City of Bloomington by purchasing the tax increment revenue bonds which finance the City's portion of the project. The Triple Five Corporation x111 guarantee bond payments with,a letter of 'credit. In order to obtain financing for the project, the Triple Five Development Corporation will collaterize its own assets and its interests in other operating developments to guarantee the private loans. The developers have substantial personal and corporate risk in the project and, therefore, significant incentive • to insure its success. Bloomington has agreed to provide an operating subsidy to the project, but only so long as the project is developed in accordance with the developer's promises and plans. WHAT IMPACT WILL THE PUBLIC IMPROVEMENTS REQUIRED BY THE PROJECT HAVE ON THE EXISTING PLANS FOR HIGHWAY AND OTHER PUBLIC IMPROVEMENT PROJECTS THROUGHOUT MINNESOTA? There will be no displacement of current or planned highway improvements anywhere in Minnesota because of the Mall of America. Even with no new development on the stadium site, major highway improvements along Interstate Highway 494 will be required. Development has occurred rapidly in the southern sector of the metropolitan area, demanding major highway improvements. These improvements can be financed through state transportation bonds so that they can be constructed without displacement of any other projects. These improvements can accommodate traffic to new development on the stadium site, avoiding extra costs of modifying plans developed without the Mall of America in mind. 2 Questions h Answers Page 3 24 YEARS, WOULDN'T OF PROVIDING LAND Most development which begins with substantial up -front commitments from local communities leaves the community without ongoing leverage on the developers and their plans. The size and scale of this project, combined with a demanding and agressive development timetable, requires that the City of Bloomington remain an active participant in the development process. The innovative performance-based assistance package developed by the City of Bloomington maintains the kind of incentives and assurances needed to see that the benefits to the City and to the State of Minnesota will be realized as planned and promised. No portion of the subsidy is designated to assist capital investment -in the • mall development or subsidize retail operations. The subsidies will be dedicated to: 1) repay the bonds for public infrastructure improvements; 2) finance a portion of Triple Five's national advertising and promotional program for Minnesota tourism and the Mall of America and, 3) to pay for the costs of operating and maintaining the parking structure during the time the TIF bonds are outstanding. (Note: TIF bonds will provide funding for construction of the parking structure.) All of these payments are intended to ensure that the project will realize its economic potential, that the public TIF investment is secure, and the improvements made by it are maintained. NOW DO THESE SUBSIDIES COMPARE TO MINNEAPOLIS' PROPOSAL FOR A CONVENTION CBNTER? The major difference between the two proposals is that the Bloomington project uses 100% private finaneing.for the capital construction costs of the project, • while Minneapolis would use 100% public financing for capital construction costs of its convention center. WHY CAN'T THIS PROJECT WAIT FOR THE REGULAR SESSION OF THE LEGIS eTURE? Bloomington's development agreement with the Triple Five Corporation recognizes the need for legislative action by December 1, 1985, because: - Pending legislation in the U.S. Congress is likely to remove the tax exempt status of tax increment bonds issued after December 31, 1985; and, - Critical decisions and expenditures of money by Bloomington are dependent on the timetable established in the Development Agreement; and, - Terms of the Bloomington Port Authority bonds used to purchase the Metropolitan Stadium site require the City to receive the developer's initial payment for the land by September, 1987; and, • • Questions & Answers Page 4 The time required for highway design ,and construction requires that expensive final design,-must•'begin this year -'and be completed 'soon after the Legislature's 1986 regular session if highways are to be,completed in time to serve the Mall of America which :can open for business' three years from today. 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We have re- ceived many comments on water bills, how happy the customers are with the quality of the water they are now receiving. One lady said the first time she has seen the bottom of -her bath tub in 20 years. Sperry Univac has called and remarked how pleased they are with the changes the treatment plant has made. Not only have we heard good things here and at City Hall, but we see good things,for example, the following figures show water saved flushing is hydrants. Spring 1982 - 30,983,000 gallon used. Fall 1982 - 34,784,000 gallon used. Spring 1983 - 21,812,000 gallon used. Fall 1983 - 38,112,000 gallon used. Spring 1984 - 24,086,000 gallon used. Fall 1984 - 31,888,000 gallon used. Spring 1985 - 20,822,000 gallon used. Fall 1985 - 6,508,000 gallon used. It took 498 man hours to flush hydrants la3 fall,but only 216 man hours this fall. A saving of 282 man hours. The figures show a savings of 14 to • 20 million or more gallons per flushing. The savings of water and man hours makes the plant a plus for the City. With the high cost of,electric power this may turn out to be the biggest saving in the long run. Needless to say with the extra man hours the utilities department has been able to spend more time on other tasks within the utilities section. must say it is a joy to put together such a positive report. s