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09/02/1986 - City Council RegularMEMO TO: HONORABLE MAYOR BLOMQUIST FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 2, 1986 SUBJECT: SEPTEMBER 2, 1986,, CITY COUNCIL MEETING AND INFORMATIVE INFORMATIVE As we discussed, I will prepare a memo to the Advisory Planning Commission regarding an explanation of the proposed transporation master plan and how that differs with the need to perform special transportation studies on a project by project basis.. I Also an explanation of the indirect source permit will be provided in narrative form for both the APC and City Council. A letter will be forthcoming to Mayor Bill Saed of Inver Grove Heights regarding a recommendation on Jack Boarman's performance and success ratio for handling referendums. SEPTEMBER 2, 1986, CITY COUNCIL MEETING OLD BUSINESS: B. Wescott Townhomes -Apartments Project (Page 62) --The area that John Houston is developing is a small tract of land adjacent to Yankee Doodle Road. This project is separate from an apartment project that another developer is constructing immediately south of the Wescott Townhomes. The apartment project that is adjacent to John Houston's project is an old plat of record and the devel- oper is finalizing his building program in 1986/1987. This. is the development where our Police have experienced problems. Again, John Houston is not associated at all with that project. ADDITIONAL ITEMS: B. Revision to Preliminary Plat for Blackhawk Plaza (page 95) --The conditions set forth in the Blackhawk Plaza preliminary plat approval require that Blackhawk Road be upgraded to a 44 -foot to 52 -foot standard. It is advisable that either a public hearing be scheduled prior to authorizing the final plat to guarantee the upgrading of Blackhawk Road by both the developer and surrounding property owners or an agreement be reached with the developer of Blackhawk Plaza that a financial guarantee will be provided whereby both the assessments for the developer and adjoining residents will be paid by the developer. It is only necessary --according to the Director of Public Works --that Blackhawk Road be upgraded at this time from Diffley Road to a point north of the Blackhawk Plaza project site. %R_� City Administ for TLH/kf AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL SEPTEMBER 2, 1986 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES r-57 A. Final Assessment Hearing for Project 447 (Lone Oak Addition - Trunk Water Main) p,31 B. Final Assessment Hearing for Project 453 (Robins Addition - Utilities F -V/ C. Final Assessment Hearing for Project 456 (Eagandale Court - Streets & Utilities F6V3 D. Final Assessment Hearing for Project 451 (Hampton Heights - Trunk Water Main) E. Final Assessment Hearing for Project 424 (Eagandale Lemay Lake // Addition - Streets & Utilities) F. Public Hearing for the Vacation of Street Easement, Eagandale Lemay Lake lst Addition D•�N G. Public Hearing for the Vacation of Drainage & Utility Easement, Lot / 3, Block 1, Eagandale Center Industrial Park S'LH. Public Hearing for the Vacation of Drainage & Utility Easement, Lot P 1, Block 2, Town Center 100 Addition III. 6:40 - DEPARTMENT HEAD BUSINESS -P.1 A. Parks & Recreation Department p,7 B. Public Works Department IV. 6:55 - CONSENT AGENDA '• p ZIA. Contractor's Licenses 23 B. Personnel Items P.ze/C. Project 482, Receive. Petition/Order Feasibility Report (Nancy Circle - Streets) D. Project 483, Receive Petition/Order Feasibility Report (Splashland T,x4 Water Parks - Trunk Water Main) -p,1,4 E. Project 481, Receive Report/Order Public Hearing (Blueberry Circle - Storm Sewer) 2� F. Approve Resolution - Landscaping for MnDOT Park & Ride Sites 7.27 G. Set Public Hearing for Public Input on 1987 City of Eagan General Fund Budget 2? H. Resolution Restricting Parking on Nicola Road (Cliff to Diffley) P30 I. Contract 85-3, Final Payment/Acceptance (Slaters Acres) r,30J. Contract 84-9, Final Payment/Acceptance (Lexington Avenue Trunk Water Main) 3i K. 33L. Blackdog Lake Watershed, Amendment to Joint Powers Agreement Final Plat, Town Centre 100 Second Addition -36M. Final Plat, Lexington Place South 3rd Addition V. 7:00 - PUBLIC HEARINGS r-57 A. Final Assessment Hearing for Project 447 (Lone Oak Addition - Trunk Water Main) p,31 B. Final Assessment Hearing for Project 453 (Robins Addition - Utilities F -V/ C. Final Assessment Hearing for Project 456 (Eagandale Court - Streets & Utilities F6V3 D. Final Assessment Hearing for Project 451 (Hampton Heights - Trunk Water Main) E. Final Assessment Hearing for Project 424 (Eagandale Lemay Lake // Addition - Streets & Utilities) F. Public Hearing for the Vacation of Street Easement, Eagandale Lemay Lake lst Addition D•�N G. Public Hearing for the Vacation of Drainage & Utility Easement, Lot / 3, Block 1, Eagandale Center Industrial Park S'LH. Public Hearing for the Vacation of Drainage & Utility Easement, Lot P 1, Block 2, Town Center 100 Addition VI. OLD BUSINESS 7SS! A. Review Fee Policy for On- and Off -Sale Liquor License Investigation p.(o L B. Amendment to Documents for $1,880,000 Multifamily Housing Revenue -_ / Bonds (Wescott Townhomes-Apartments Project) Providing for Use of 1 Insured Mortgage Loan from Federal Housing Administration VII. NEW BUSINESS y.&5 A. Special Permit to Allow Temporary Use of a Funeral Home for an Episcopal Church Located on Lot 1, Block 2, of the Century Addition, SW 1/4 of Section 9 P.&o H. Site Plan Review, Beautiful Savior Lutheran Church, 4150 Pilot Knob Road, Request to Begin Construction on Waiver of Plat Parcel Prior to Final Plat, Located SW1/4 Section 22 P•%L C. Conditional Use Permit (Applebaum Food Markets, Inc.) to Allow the Sale of Malt Liquor at Rainbow Foods Located on Lot 1, Block 1, Town Centre 70 2nd Addition Located W of Denmark Ave and S of Yankee Doodle Rd in Part of the NW 1/4 of Sec 15 P.75 D. Building Permit (Kevin Murphy) for 1625 Deerwood Drive on Unplatted S Property, SW1 4 of NW1/2 of Sec 21 F.21 E. Extension of Preliminary Plat for Whispering Woods 2nd Addition Hills Construction T-93 F. United Parcel Service for a 17 -Foot Parking Setback Variance Along County Road 63A (Becker Road) pl8 G. Preliminary Plat for Blackhawk Acres 2nd Addition (Les Duoos) Consisting of 32 Townhouse Units on Approx 6 Acres Located W of Blackhawk Rd Abutting Robin Lane, SE1/4 of Sec 17 VIII. ADDITIONAL ITEMS 1 .90 A. Public Improvement Contracts P%a1. Contract 86-20, Receive Bids/Award Contract (Windtree 7th Add) /P yr 2. Contract 86-2, Receive Bids/Award Contract (Nicola Rd) 9V 3. Contract 86-21, Receive Bids/Award Contract (Back Stop and / Outfield Fencing) P. H. Request for Revision to Preliminary Plat Approval Conditions (Blackhawk Plaza) ))./02- C. Briar Hill 4th Addition, Trail Completion/Easements P. D. Town Centre 70 and 100 Pylon Sign Agreement p.ltg E. Project 484, Bur Oak Hills Addition, Receive Petition/Order Feasibility Report I%. VISITORS TO BE HEARD (for those persons not on the agenda) X. ADJOURNMENT • MEMO TO: HONORABLE MAYOR AND CITY CODNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: ADGUST'29, 1986 SUBJECT: AGENDA INFORMATION APPROVE'MINUTES°AGENDA' After approval is given to the September 2, 19'8'', agenda and regular City Council meeting minutes for August 19, 1986, and special City Council meeting minutes for August 25, the following items were in order for consideration: DEPARTMENT.'HEAD:.BUSINESS' A. PARRS AND RECREATION DEPARTMENT The Advisory Parks and Recreation Commission is proposing a user fee for the use of the Trapp Farm Park Pavilion, enclosed sh'elter's and other smaller picnic shelters that will be constructed in future years. For a copy of the proposed user fee and background information providedto the Advisory Parks and Recreation Commission by the Park Director refer to pages through /o . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or disapprove fee structure for the reservation of park shelter buildings and athletic facilities for 1987. MEMO TO: HONORABLE MAYOR & CITY TOM HEDGES, CITY ADMIN FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: AUGUST 14, 1986 RE: USER FEES — TRAPP FARM PARK PAVILION & OTHER SHELTER FACILITIES ADVISORY PARKS & RECREATION COMMISSION At the August 7th Advisory Parks &. Recreation Commission meeting, the Commission reviewed a staff proposal for the charging of user fees for the use of the Trapp Farm Park pavilion, enclosed shelters and other smaller picnic shelters to be constructed in the future. Attached is a memorandum that was provided to the Advisory Commission concerning this topic. • In reviewing the memorandum, the Advisory Commission had two basic areas of concern and discussion. One related to the idea that reservations might preclude the use of the facility by impromptu or casual users and second, that the facility should be restricted to "residents only". When discussing these two topics, the Commission came to the conclusion that the 14 day time period for reservation would still provide sufficient open time and space for the casual users. It was also reasoned that this may be an unwarranted fear which could only be assessed after one year's use. Residency requirements for reservation of the buildings were seen as unworkable. Further, it was noted that conditions of accepting of L.C.M.R./L.A.W.C.O.N.federal funds prohibited discrimination on the basis of residency. The Advisory Commission also reviewed fees, reservation format, administrative procedures, and fee exempt groups, before making its recommendation to the City Council. The Commission then recommended to the City Council that the City establish a reservation fee for Trapp Farm Park pavilion of $35 per half day, $50 full day, $30 for enclosed shelter buildings and $15 for open shelters and/or designated picnic area when reserved. Athletic facilities and ball fields would be reserved at a fee of $30 per field per day or tournament. A damage deposit of $100 would be required and a building cleaning fee of $30. Lights, if required and applicable, would be at $20 per field per day. FOR COUNCIL ACTION To approve, disapprove,. the fee structure for the reservation of park shelter buildings and athletic facilities for 1987. Respectful) submitted, Director of Parks & Recreation KV/js ezm tNl MEMO TO: ADVISORY PARKS AND RECREATION COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: JULY 28, 1996 RE: USER FEES - TRAPP FARM PARK PAVILLION, AND OTHER SHELTER FACILITIES In anticipation that the Trapp Farm Park picnic pavillion and park shelter buildings will be operational in 1987, Staff is seeking a recommendation and concurrence on fees that should be charged for reserving these and other future park shelter facilities. This, of course, assumes that the Commission is agreeable that a fee is to be charged. OTHER PARK USER FEES At present, the Department charges for the use of Rahn Park shelter building, and the rental fee is $75.00 for the entire day. The community room at the Fire Administration building is $50.00 for profit, commercial, or other non- community use: $15.00 for community organizations, and "no charge" for youth and other non-profit public service groups. A brief review of other community policies regarding facility reservations reveal a wide ranke of philosophies, and rental charges. For example: Burnsville has set a fee schedule based on the number of people, length of time period, and components used at each particular facility, as well as a differential rate between residents/non-residents. Burnsville charges $15.00 for reservation of a designated picnic area, which provides for 8 to 9 tables, $25.00 for an open picnic shelter, and $40.00 for the larger pavillion type facility. Burnsville, also charges for tennis court reservations, ballfields, soccer fields, etc., as part of their reservation system. The City of Apple Valley charges a flat fee of $25.00 for any of it's picnic pavillion facilities. Enclosed structures, which are smaller, fall under a separate policy and fee structure. Lakeville has a unique approach, which charges by the person. Local, non- profit, or civic groups pay only a flat administrative fee of $15.00 for the right to make a reservation. The $1.50 per person charge comes into affect for large groups, or non-resident groups. Because Lakeville has several large parks which can accommodate as many as 400 people, they have used this approach of reservations to administer their parks system. A park ranger checks on each group, which has a reserved park area and provides supervisory, as well as some measure of crowd control. Due to a large demand for facilities Lakeville established a minimum number of people to use,'the ak larger facilities. Like most communities, they also have a damage deposit associated with the use of many of it's facilities, particularly when it reserves for large, non -local groups. FOR DISCUSSION Y`ya Parks and Recreation Staff fully expects that after the community becomes fully acquainted with the facilities of Trapp Farm Park, as well as future planned shelters, the pavillion and shelters will be in heavy demand for group reservations. Clearly, a reservation system will be necessary to administer their usage. Staff is also of the opinion that a fee should be charged for the privilege of making a reservation and use of the shelter. From Staff perspective, we are of the opinion that the fee structure should be simple, with as few complications as possible. This will be easier for the public to understand and certainly much easier to administer. Second, the process of the reservation system should also be simple to ensure good communications as well as accountability for cash receipts. Finally, the structure that is established should be representative of the services being provided. • STAFF PROPOSAL Staff is proposing that Park facilities be grouped into four (4) classifications for reservation programs. 1. Large Pavillion: The picnic pavillion at Trapp Farm Park, 2. Enclosed shelter buildings: Trapp Farm Park, Goat Hill, Rahn 3. Open shelters: Buildings and designated picnic areas without rest -rooms, '4. Athletic Facility shelters: Northview - Rahn Athletic facilities. y With the later group, Category #4, the park shelter building is not the main reason for which the park is used. Rather, it is the ballfields that they intend to use, and the shelter building is an emenity to that facility. Staff would propose that the buildings at Northview, Goat Hill, and Rahn Park be reserved with the athletic fields and the rate for the athletic fields be adjusted to include these buildings and/or an additional facility charge be made. A damage deposit would be required: $100.00. Staff is recommending that fields be reserved for a fee of $30.00 per field/per day. Lights (if ® required) $20.00 per field/per day; Building cleaning $30.00. CATEGORY #1 For the picnic pavillion at Trapp Farm, Staff is recommending a. fee of $35.00 per half day. Full day reservations would cost $50.00. Rates would remain consistent for all user groups. A "half-day reservation" is from 10:30 am. to 4:30 p.m., and 5:00 p.m. to 10:30 p.m. Reservations, which go beyond either of the time periods would be considered as "full -days" and charged the full-day rate. L T in CATEGORY #2 Enclosed shelter buildings would be available at $30.00 minimum fee; $5.00 for each additional hour, after the first five hours. A damage deposit of $100.00 would be required. CATEGORY #3 Open shelters or designated picnic areas would be reservable at $15.00, and could accommodate 18 to 25 people. The City would provide for between 6 and 8 permanent picnic tables. There would be no time use limit for the reservation of these open shelters/picnic areas. As shelters are added to neighborhood parks, and requests made for reservations, this fee policy would extend to these parks also. ISSUES FOR DISCUSSION The whole issue of fee changes in Parks and Recreation is often a philosophical approach, rather than one totally based on economic costs. It is the Staff's opinion that the charges being suggested reflect a major portion of the costs for the "extra" services, which may go beyond the normal level of City service provided. For example, your softball team can use any field to play a game, but if you wish to reserve Northview for a tournament game(s); department staff will have to do extra work: in field dragging, trash pick-up, etc. Your fee covers these additional expenses. The Commission may wish to modify, expand, or establish a different approach to the structuring of fee's. A second issue is that the fee proposal is for one year. A review after the first year's operation will give the department and Commission a better understanding of the work and time involved in maintaining these facilities. The Commission may wish to include this as part of any motion made in setting fees. The third 'point of discussion is in relation to the pavillion at Trapp Farm Park. Originally, the pavillion was conceived to have "two halves" usable by two groups at the same time; assuming that the combined total does not exceed the planned capacity. Staff is suggesting that until some experience is gained from the first year's use, the department issue reservations for the entire building only, waiting until 1988 before it reserves either half. It is understood that the facilities can be used without reservations on a first-come, first -serve basis. Reservations simply assure you the privilege of using the facility. (Staff is currently reviewing methods of posting or notifying people that a facility/pavillion has been "reserved"). USER PROCEDURES Reservations would be taken up to four (4) full months in advance, but not later than fourteen (14) days in advance of the date requested. Reservations may be made in person, or by phone, and confirmed by fee payment. Reservation requests would be maintained, on the Logis System, which would print out a receipt at time of payment on a "Reservation Confirmation" form. This form would be sent by mail to the "responsible person" making the reservation. The Confirmation Form would be accompanied by a letter with additional information regarding rules, regulations, and other pertinent information pertaining to the park i.e., no glass beverage containers, park hours, etc. Staff would also post the reservation at a central location at Trapp Farm Park, or devise some kind of posting to notify users that a particular area has been reserved. ADMINISTRATIVE PROCEDURE On Monday of each week, a copy of all reservations for the next fourteen (14) day period would be printed out. This print-out would be sent to the Parks Superintendent, Parks Foreman, Attendant, and Police Department, so that they are aware of the group and responsible person reserving the facility. This will assist in the coordination of maintenance and preparation of the these facilities, and alert the attendant/police department should any problem arise. r In Summation, the Department is recommending a reservation fee for Park Facilities of: $35.00/half day, $50.00 full day/picnic pavdllion, $30.00 enclosed shelter buildings, $15.00 for any open shelters: Facilities associated with any athletic field to be reservable with that particular facility at the fee established. ® FOR COMMISSION ACTION To recommend a fee structure for reservation for park shelter buildings. Review the reservation process, make appropriate recommendations for inclusions, specific procedures, rules or regulations. KV/bls I • Agenda Information Memo September 2, 1986, City Council Meeting Page Two DEPARTMENT HEAD BUSINESS (continued) B. PUBLIC WORKS DEPARTMENT Item 1. Stop Sign Petition, Letendre Street --Enclosed on pages 9 through / is a copy of a petition signed by 45 people requesting the installation of stop signs on Letendre Street at its intersection with Donald Avenue. Enclosed on page is a ;map showing the location of the 45 property owners referenced on this petition in relationship to the specific intersection. In response to complaints regarding speeding, the Police Department has assigned various squad cars to periodically patrol this street to insure compliance with the posted speedlimits. In addition, the Public Works Director will provide an update regarding the construction of Yankee Doodle Road and its impact on this intersection at the September 2 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the installa- tion of stop signs on Letendre Street at Donald Avenue. 7 lJ TO: Tom Colbert FROM: Joanne O'Keefe City Engineer 8-27-86 cc: Ken Aszmann File, Dear Mr. Colbert: Attached you will see a signed petition from our neighborhood regarding a request for stop signs at the intersection of Letendre Street and Donald Avenue. I personally spoke with each of the households that signed and the general comment was - "Its about time". I can't express the importance of this request. Please understan t at t e construction in t e area is not the cause of this problem; it only emphasises a problem that should have been resolved years ago. We all would appreciate your prompt attention to this matter. Please feel free to call me: 454-5515 evenings or Coca-Cola 454-5460 x 567 S'ncerely, a � ane O'Keefe 679 Letendre Street Eagan, MN 55121 I I FOR CITY USE ONLY Date Received To Council _ Approved PETITION STOP SIGN I/we, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on Letendre Street at the intersection with Donald Avenue I/we, request this installation for the following reasons: 1. With a stop sign at that intersection, the traffic traveling on Letendre will definitely slow down. 2. Letendre Street is a school bus route. Under normal circumstances there are a large number of children at various bus stops; but with the construction in the immediate area, all bus stops will® move down to Letendre. (The bus is not able to go on Donald Ave. or Heritage Lane.) 3. Even after Coachman Road is completely blocked off due to construction, the amount of traffic will remain heavy because of tennants who have to use-Letendre Street from Hwy 13. -" (.i.e:"Bunker Hill-Apts.) —3 other apt -com complexes have their driveway ._: P �P Y entrance on Letendre Street.) I/we request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. NAME (Please print and initial) ADDRESS 1. /i�:E�✓ F&{,O-,AlrE.P. - 3-�XU ,!i' 2.MA2K N1z,�zK ^-n• Nk3. 81J(JJc: 1 ,/SL""Lu'u— 4. 5. 6. 7. 8. 9. 10. 11. 12. !, d"Y',. IS `fir l�ii��t %�vrncJc'r) � 3-)'I't Vov,%.6 .!L�Q 302-1 Dor-.. )ca lc) A u e. r FOR CITY USE ONLY Date Received TO Council Approved. PENTION an61UMeIM I/we, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on Letendre Street at the intersection with Donald Avenue I/we, request this installation for the following reasons: 1• With a stop sign at that intersection, the traffic traveling on Letendre will definitely slow down. 2. Letendre Street is a school bus route. Under normal circumstances there are a large number of children at various bus stops; but with the construction in the immediate area, all bus stops will move down to Letendre. (The bus is not able too go on Donald Ave. or Heritage Lane.) 3. Even after Coachman Road is completely blocked off due to construction, the amount of traffic will remain heavy because of tennants who have to use-Letendre Street from Hwy 13. (i.e. Bunker Hill Apts.,.3 other apt, complexes have their driveway entrance on Letendre Street.) I/we request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. 2 3 4 NAME DD- a.: _ _ .� Lea,.. �� ♦ �` � '_ � � � � ► �I � . . 2 7 elo lZ e /Zv n Ale 7. 330 kVHQN0 8. 9. A 1 10. 11. - - OR r a PETITION, STOP SICi] FOR CITY USE ONLY Date Received To Council _ Approved I/we, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on Letendre Street at the intersection with Donald .Avenue I/we, request this installation for the following reasons: 1• With a stop sign at that intersection, the traffic traveling on Letendre will definitely slow down. 2• Letendre Street is a school bus route. Under normal circumstances there are a large number of children at various bus stops; but with the construction in the immediate area, all bus stops will • move down to Letendre. (The bus is not able to go on Donald Ave. or Heritage Lane.) 3. Even after Coachman Road is completely blocked off due to construction, the amount of traffic will remain heavy because . of tennants-who have to use Letendre Street from Hwy 13. ('1 . iluiil er"Hill Apt's. , 3' oth'e'r apt` complexes have their d4'iVeway' entrance on Letendre Street.) I/we request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. NAME (Please print and initial) ADDRESS 1. Nam ICo99- Le4etia f,e �. 2. 0�7 ic�o.e D.0V Ee-'C Kk Oy 10 ci Leiejre S 5 3. y/ 4. 5. 6. 7. 8. 9. 10. 1� 12. 41 3,? 8S lam; 44) LJ 3 x33 Aj &L nname- - 3 z 3 S ��C �l r 22' I i 400123, 41.031 NR.ti WENT PER uzPi raa. D4 2r NS a• • ilo 4..retw>. 2 Gi quare add�tion4 =im :. coURT N AEP W..Io (p N. 'I'Imm� a Oa3�U ..'..E1t EE�llllRECORD PLAT .w DRUM l.me. ±� fo A � Agenda Information September 2., 19-86, Page Three Memo City Council Meeting DEPARTMENT HEAD BUSINESS (continued) B. PUBLIC WORKS DEPARTMENT (continued) Item 2'. Project 381, Review Assessment Appeal (Borchert-Ingersol)-- As the Council recalls, the staff has been working with John Borchert and his attorney in discussing their request for reduction in trunk area storm sewer assessments resulting from Project 381 adopted in October of 1984. The City Attorney and Public Works Director will provide an update regarding various offers and counter offers in consideration of dropping their assessment appeal. ACTION TO BE CONSIDERED ON THIS ITEM: Provide direction to the staff regarding defense of the pending special assessment appeal under Project 381 for the Borchert-Ingersol property. Agenda Information Memo September 2, 1986, City Council Meeting Page Four DEPARTMENT HEAD BUSINESS (continued) PUBLIC WORKS DEPARTMENT (Continued) Item 3: Public Works Maintenance, Contractual Services/Equipment Acquisition --At the June 17 Council agenda, the Council authorized selling vehicle no. 127 (John Deere road grader) back to the dealer under our guaranteed buyback program for $99,000. Subsequently, the Public Works Street Maintenance Division was short one vehicle for the required 8 mainline snowplowing routes for the 1986-87 snow removal season. At the August 5 meeting, the Public Works Director discussed with the Council various options for the replacement of this maintenance vehicle. As a result of that discussion, the Council requested additional information for further consideration. The 1985-86 snow removal season consisted of 7 mainline plowing routes (5 dump trucks and 2 road graders) and 6 cul-de-sac routes. During consideration of the '1986 budget, the Council authorized the acquisition of an additional dump truck to expand our mainline .plowing routes from 7 to 8. This was necessary due to the increased mileage being added to the streets, increasing not only our centerline miles but also the width of several existing streets and turnback of county and state roads. Therefore, the proposed 1986-87 snow removal season would require a total of 21 maintenance personnel (8 mainline drivers, 6 wing men, and 7 cul-de-sac drivers) and 15 snow removing vehicles. The total number of available maintenance personnel in Parks, Streets, and Utility Divisions total 23. Therefore, assuming all maintenance personnel are available for emergency callouts, there are only two personnel available for any park rink/trailway maintenance programs or sewer and water utility operations (treatment plant, water main breaks, meter reading, inspections, sewer backup, etc.). Therefore, the Director of Public Works and Superintendent of Streets/Equipment have evaluated our coming year's manpower and equipment needs in relationship to the recent sale of our road grader and provide the following recommendations for Council consideration and approval: 1. Authorize the advertisement for solicitation of contrac- tual services for snow and ice control for one mainline plowing route and one cul-de-sac route located in the southwestern corner of the City at a cost of approximately $13-15,000. ($4-5,000 not included in 186 budget). • Agenda Information Memo September 2, 1986, City Council Meeting Page Five PUBLIC WORKS DEPARTMENT (continued) Item 3. (continued) 2. Authorize the replacement of vehicle no. '121 (1965 Wabco road grader) as a trade-in on a new road grader under the 1987 budget. With the combined trade-in value of the existing road grader and the $99,000 (+ interest) from the sale of the John Deere grader, the estimated net cost to • replace this vehicle in 1987 would be approximately $25,000. 3. Council approve the replacement of existing vehicle no. 111 (1976 tandem dump truck] as a part of the 1987 budget to insure equipment reliability for the 87-88 snow season. The alternative would be to expand the contractual snow services to incorporate two mainline routes for the 87-88 snow season. 4. Authorize the replacement of the John Deere road grader within the next 45 days at the estimated capital outlay cost of $30,000 (not included in `86 budget). 5. Lease a road grader for the 86-87 snow season at an estimated cost of $15,000 (estimated $3-4,000 not included in 86 budget). Public Works Director 'and Superintendent of Streets/Equipment strongly recommend the Council approve item-..l.zabove. This would provide us with an opportunity to evaluate the feasibility of contractual services for future consideration of personnel and equipment acquisition. Also, it would free up additional standby manpower necessary to insure reliability of emergency callout personnel. The Public Works Director will be available to discuss in further detail the various options presented herein for final Council consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny contractual services for snow removal operations or the purchase/lease of a road grade to replace vehicle no. 127 (John Deere). E Agenda Information Memo September 2, 1986, City Council Meeting Page ,Six APPOINTMENT OF ALTERNATES TO WATERSHED MANAGEMENT COMMISSIONS Item 4. Appointment of Alternates to Watershed Management Commissions --Provisions in the Joint Powers Agreement establishing the Gun Club Lake and Black Dog Lake Watershed Management Organization's (WMO), the watershed's attorney has recommended that each city formally appoint an alternate for the record to properly protect the voting rights of each community comprising the respective WMOs. The present representatives on each WMO are as follows: Gun Club Lake WMO Tom Colbert (Public Works Director) (West Lane, Citizen at Large) Scott Mer.kley (Citizen at Large) Black Dog Lake Tom Colbert (Public Works Director) Enclosed on page !.a is a letter the staff has received from other citizens who have expressed an interest in serving on these commissions. Other recommendations for consideration would be the City Administrator or Assistant City Engineer. The Public Works Director will provide additional information regarding these appoints at the September 2 meeting. ACTION TO BE CONSIOERBO ON THIS ITEM: Appoint a representative to be the City's alternate for the Gun Club Lake and Black Dog Lake WMO. N 40 0 ,_o .sjR, • DIANNE WARNER HOOD 4773 Beacon Hill Road Eagan, Minnesota 55122 (612) 452-9079 Ms.. -Bea- Bloomquist, Mayor City Council c/o Thomas L. Hedges City Administrator 3830 Pilot Knob Road Eagan, MN 55123 Dear Mr. Hedges: x'6986 After my most recent conversation with Tom Colbert, it has. been brought to my attention that a watershed committee has been established to oversee the project of surveying the ponds, lakes and water areas of the City of Eagan. I would like to take this opportunity to express my deisre to serve on this committee. My reasons for wanting this type of position are as follows: 1. We are homeowners in the City of Eagan. 2. We live on a large pond which is serviced as a drainage area and is in need of restoration. 3. I am a lover of wildlife and spend much of my time and energy keeping the wildlife alive during the winter and enjoying it always. 4. Property values are directly related to the effect that the pond has on them. I have a strong desire to keep those values high. 5. I have worked with the DNR and neighborhood residents in an attempt to bring the beauty of the pond up to par only to find that it is a project that is best handled by experts. 6. I have a love for this City and State and a desire to serve it in any way that I can. I would appreciate your keeping this letter on file for a future position. At this time, if there is anything that I can do to enable this project to be completed, please do not hesitate to contact me. /dwh n Sincerely yours, / Dianne Warner Hood E Agenda Information Memo September 2, 1986, City Council Meeting Page Seven (CONSENT 'AGENDA 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. CONTRACTOR LICENSES A. Contractor Licenses --Attached on page a;7, is a list of the contractors who are renewing or who have been selected and retained as a builder by a customer either living in or planning to resid'e within the City of Eagan. These contractors have references from other municipalities where their client's permit applications are awaiting City Council approval for a Contractor License. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the list of contractor licenses as presented,. a/ CONTRACTORS LICENSES SEPTEMBER 2. 1986 GENERAL CONTRACTORS 1. AMERICAN REMODELING, INC. 2. BALLARD CONSTRUCTION 3. DM'S HOME SERVICE 4. RALPH HANSON CONST 5. KEN HEISE WOODWORKING 6. KNUTSON CONSTRUCTION CO 7. LANGER CONSTRUCTION ® 8. POLLAND BROTHERS CONST 9. PUMP & METER SERVICE WATER SOFTENER 1. LINDSAY WATER CONDITIONING - STEPHEN SCHNEIDER 1. GILBERT MECHANICAL CONTRACTORS 2. LUIKEN'S HTG & A/C 0 3. SPARTAN MECHANICAL PLUMBERS 1. DAVE DEMPSEY PLBG 2. FORD & SONS 3. MURPHY PLBG 4. SPARTAN MECHANICAL Fu M�11011K�s 1. PACIFIC POOL -'� --Z., Agenda Information Memo September 2, 1986, City Council Meeting Page Eight PERSONNEL ITEMS B. Personnel Items --There are two (2) personnel items to be considered: 1. Protective Inspections - Clerk -Typist --Shelley Ketcham, Clerk - Typist in the Protective Inspections Department, has submitted her resignation effective August 29, 1986. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Shelley Ketcham and to authorize the advertisement of the vacant position. 2. Part-time Building and Grounds Maintenance Worker --Twelve • applications were received for the vacant position of part-time (20 hours per week) Building and Grounds Maintenance Worker. After screening of the applications, five applicants were inter- viewed by Chief Building Official Peterson, Head Building and Grounds Maintenance Worker Gilsrud and Administrative Assistant Duffy. It is their recommendation that Frank Oster be hired to fill the vacant position, subject to successful completion of the City's physical examination requirement. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Frank Oster subject to successful completion of the City's physical examination requirement. a3 Agenda Information Memo September 2, 1986, City Council Meeting Page Nine PROJECT 482, RECEIVE PETITION/ORDER FEASIBILITY REPORT C. Project 4482., Receive Petition/Order Feasibility Report (Nancy Clrcle - Streets) --The staff has received a petition from 1008 of the property owners located on Nancy Circle requesting this gravel street be upgraded to City standards with curb and gutter and bituminous surfacing. Therefore, it would be in order for the Council to receive this petition and authorize staff to prepare the feasibility report necessary for the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: Receive the petition and authorize the preparation of the feasibility report for Project 482 (Nancy Circle - Streets). PROJECT 483, RECEIVE PETITION/ORDER FEASIBILITY REPORT D. Project 483, Receive Petition/Order Feasibility Report (Splashland Water Parks - Trunk Water Main) --Staff has received a petition from the -developers of the proposed Splashland Addn requesting installation of trunk water main and pressure reducing stations. • ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the preparation of feasibility report for Project 483 (Splashland - Trunk Water Main). PROJECT 481, RECEIVE REPORT/ORDER PUBLIC HEARING E. Project 481, Receive Report/Order Public Hearing (Blueberry Circle - Storm Sewer.) --On August 19, Council received petition and authorized preparation of a feasibility report which has now been completed providing for the installation of a storm sewer system to handle the backyard drainage problem of several lots north of Blueberry Circle. Now that this report has been completed, it would be in order for the Council to schedule a public hearing to be held on October 7. ACTION TO BE CONSIDERED ON THIS ITEM: Receive the feasibility report for Project 481 (Blueberry Circle - Storm Sewer) and schedule a public hearing to be held on October 7, 1986. a� Agenda Information Memo. September 2, 1986, City Council Meeting Page Ten APPROVE RESOLUTION - LANDSCAPING FOR MnDOT PARR & RIDE SITES F. Approve Resolution, Landscaping for MnDot Park &'Ride Sites -- Recently,, M•nDOT has completed the construction of two park & ride sites along I -35E at Pilot Knob Rd and Cliff Rd. Because these park & ride sites are highly visible to the traveling public and located at strategic intersection in our community, it is felt appropriate for the Council to pass a formal resolution requesting MnDOT to provide substantial landscaping, screening and buffering of these expansive parrking lots from the adjacent roadways simi;ar to requirements of other major developments. Enclosed on page ? is a resolution for Council's consideration and approval regarding this matter,. ACTION TO BE CONSIDERED ON requesting landscaping on MnDOT Mayor and City Clerk to execute LJ THIS ITEM: To pass a resolution park & ride sites and authorize the all related documents. a6 • RESOLUTION MnDOT PARR AND RIDE SITES LANDSCAPING WHEREAS, MnDOT has constructed two park and ride facilities in the City of Eagan under Contract SP1982-104 (35E=390); and WHEREAS, these park and ride parking facilities are located at the corner of major intersections with high traffic volumes and adjacent to residential and commercial zoned properties; and WHEREAS, the City has established standards regarding to screening, buffering and landscaping expansive parking lots from the traveling public and adjacent property owner's view; and WHEREAS, the plans for constructing these park and ride facilities under MnDOT contract make no provisions for any type of landscaping, screening or buffering. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota hereby require the Minnesota Department of Transportation to prepare detailed landscape, screening and buffering plans to be reviewed and approved by the City staff and said improvements be completed no later .than July 1, 1987. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: 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 day of , 1986. 6 E.J. Vanoverbeke, City Clerk Agenda Information Memo September 2, 1986, City Council Meeting Page Eleven,. SET PUBLIC HEARING/EAGAN GENERAL FUND BUDGET G. Set Public Hearing for Public Input on 1987 City of Eagan General Fund Budget --Each year a public hearing is held to allow public input on the development of next year's General Fund Operating Budget. A City Council workshop was held to review the draft of the 19'87 budget on August 25 and another meeting is tentatively scheduled for Monday, 'S'eptember 8. The public hearing is scheduled for the September 16, 1986 meeting and would provide a brief review of the proposed 1987 budget to date and input from the general public. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny setting a public hearing to review the 1987 Eagan General Fund Budget as proposed for the September 16 meeting. • Agenda Information Memo September 2, 1986, City Council Meeting Page Twelve "'-RESTRICTING "PARKING%NICDLS"-ROAD H. - Approve Resolution Restricting Parking on Nicols Road (Cliff to Diffley)--As a condition of state -aid financing for upgrading this' segment of Nicols Road, MnDOT State -Aid requires that the Council approve a resolution restricting all on -street parking between Cliff Road and Diffley Road,. Enclosed on page Z9 is a copy of the resolution required by MnDOT State -Aid. ACTION TO BE 'CONSIDERED ON THIS ITEM: To approve a resolution restricting parking on Nicols Road(.Cliff to Diffley) and,authorize the Mayor and City Clerk to execute all related documents. • CITY OF EAGAN NO PARKING RESOLUTION NICOLS ROAD — S.A.P. 195-122-01 CITY PROJECT 460 FROM: Cliff Road (CSAH 32) TO: Diffley Road (CSAR 30) THIS RESOLUTION, passed the 2nd day of September, 1986, by the City of Eagan in Dakota County, Minnesota. The Municipal corporation shall hereinafter be called the "City". WHEREAS, the "City" has planned the improvement of MSAS 122 Nicols Road from Cliff Road to Diffley Road. WHEREAS, the "City" will be expending Municipal State Aid Funds on the improvement of this Street, and ® WHEREAS, this improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City" has been determined. NOW, THEREFORE, BE IT HEREBY RESOLVED that the "City", shall ban the parking of motor vehicles on the east and west side of MSAS 122 (Nicola Road) at all times. Motion made by: Seconded by: Those in favor: Those against: Dated: September 2, 1986 CITY OF FAGAN CITY COUNCIL ® By: Its Mayor Attest: Its Clerk CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, MN, 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 2nd day of September, 1986. E.J. VanOverbeke, City Clerk, City of Eagan M Agenda Information September 2, 1986, Page Thirteen Memo City Council Meeting CONTRACT 85-3/FINAL PAYMENT/SLATERS ACRES T. Contract 85-3, Final Payment/Acceptance (Slaters Acres) --Staff has received a request for final payment from the Contractor through our consulting engineering firm along with a certification of compliance with City -approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for final acceptance for perpetual maintenance by Council action. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the sixth and final payment for Contract 85-3 (Slaters Acres) to L & G Rehbein, Inc., in the amount of $14,755.62 and accept the improvements for • perpetual City maintenance. CONTRACT 84-9/FINAL PAYMENT/LEXINGTON AVENUE J. Contract 84-9, Final Payment/Acceptance (Lexington Avenue Trunk Water Main') --We have received a request for final payment and acceptance from the Contractor through our consulting engineer- ing firm along with a certification of compliance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and a recommendation is being forwarded for final payment and acceptance for perpetual maintenance. All claims associated with the water main leak in front of the Eric Spring residence on Lexington Avenue have been satisfactorily resolved. This was the final issue holding up the release of the retainage escrow account of $31,000. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the sixth and final payment for Contract 84-9 (Lexington Avenue - Trunk Water Main) through the release of the escrow account retainage in the amount of $31,000 and accept this improvement for perpetual City maintenance. '50 Agenda Information Memo September 2, 19186, City Council Meeting Page Fourteen BLACKDOG LAKE/AMEND JOINT POWERS AGREEMENT K:' Blackdog Lake Watershed, Approve Amendment to Joint Powers Agreement --In order to form the Blackdog Lake Watershed Management Organization, the Cities of Eagan, Burnsville, Apple Valley, Lakeville and Savage had enter into a joint powers agreement establishing this commission. The joint powers agreement allows each community to designate representatives to this organization. However, it -did not provide for the recognition of designated alternates with voting, rights in the absence of the designated community's representative. Therefore, the attorney for the watershed has prepared an amendment to the joint powers agreement allowing each community to designate specific alternates to insure adequate representation during the ®' absence of the primary representative,. Enclosed on page 52, is a copy of the amendment being presented to the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the first amend- ment, to joint powers agreement for the Blackdog Lake Watershed Management Organization and authorize the Mayor and City Clerk to execute all related documents. 40 31 FIRST AMENDMENT TO THE JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION FOR THE BLACK DOG LAKE WATERSHED The parties to the Joint"Powers Agreement 'for the Mack Dog Lake Watershed hereby agree that Paragraph 6 of the Agreement is amended by adding Subdivision 6 to read as follows: Subdivision 6.Each group may appoint one alternate commis- sioner for each regular commissioner they have the right to appoint. The alternate commissioner shall be selected in the same manner as regular commissioners. Each alternate commissioner shall be an alternate for a specific designated commissioner or commissioners. The term of the alternates shall coincide with the term of the commissioner they are acting as an alternate for. In the absence of the • regular commissioner, the alternate may vote and act in that commissioner's place. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minn. Stat. §471.59. Approved by the City Council CITY OF LAKEVILLE 1986. BY: ® ATTEST: Approved by the City Council , 1986. Approved by the City Council 1986. CITY OF BURNSVILLE BY: ATTEST: CITY OF EAGAN BY: ATTEST: Approved by the City Council CITY OF SAVAGE , 1986. BY: 3v ATTEST: • Agenda Information Memo September 2, 1986, City Council Meeting Page fifteen FINAL PLAT/TOWN CENTRE 100 SECOND ADDITION L. Approve Final Plat, Town Centre 100 Second Addition --We have received an application for final plat approval for the Town Centre 100 Second Addition located between Yankee Doodle Road and. Town Centre Drive just east of Denmark Avenue as shown by the final plat enclosed on page_. All conditions placed on the preliminary plat approval of July 1:, 1986, have been complied with in this final plat application. In addition, all application material has been reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Town Centre 100 Second Addition and authorize the Mayor and City Clerk to execute all related documents. 55 • TOWN CENTRE 100 SECOND ADDITION N IT e.:. Y.. IIYI•Y`M I,NN, R.\MIt...Cpm el n ......I. b. r I.a.nl.Tlw nl. "It. bnnew '.IAt eI .mu' .Jle.ar to Ptna. [e..tl Yo -Ft a rrt 1. alar .a Jlnl.lnv 1 .IY. bow 1._ errelauy.exetl .I.a. - BOERNAVE I.\HU SUR VEYINO urnmr • DAKOTA COUNTY ROAD 140. ::B 0ANKEE ..:.UULE fl�l TAINS. MINN DEPT. or " .. nsn N� .�]`1r_ MO 3a'DI[ 91i.11T LI MAY FLIT G'f1 _„= >IRE TOWNLOT 'E'ITRE �.IU I TF— I,- sUTI_uTA BLOCKA--� TOWN ALN IRE UIiNEINFIRST� 1..... : ;a :, In.........M.wa;.:.r•;IY n. Y......a.a..; ;1.... .:.I1. Wtlea .. iP. [[IT. le. rwR UnrTIP. .cce..IN {e"a4 .•r..Ja/IM lM.wf. v.M a r xr .M plwaN • iP• CTR . 11. IIN.e .CCITIP .M N Y.Y/ •` • MI'e uelc u.. `e. r r l�..l.. ;.�•N-1 .u. W .al lltl pu•p... sl .e •1. ..el... ao e..eb [wRT tM .ICP`er • • • Tl.\. Ie .Itnx. .n. .e1 ..If u. II.I Aa. Cew.aw.l M. .l Y.•e.• rx..l rA.•nnlr..r . •.M an.. pr••.na.•aa b •late ..w...l M L �.`. `. .I r•wn ... .nlp. r..aY. UI• ` en nr 1T � .na .ae . Ynt ninr pu. .. .. .air.{ E.—.x M•.T(iie i1wJ eT la. errr. .11lna. .M la. wTe•t• Y.1 {e Y r anl. ie e•. e1 1._ .KU . [.rptClLL T R Twvt uJ ferY. . wnY. F.�T F�f—IeT—C ry.iZ •OYYT Yr a.•YRLL ... a. p/ la. Y IY i.R eT . .NIT.1 . T. f.r•rlw In'a r•ne `•ratn`wlf '•. Yb•. Y UIN IN, •f [wm P 1 s•Rrr. • Te. [+Iw. �m— Ia..T uN1-4. • rrr.n. ..n;r el { rat un T r\. • .Inrwu fTnl wMYn In Y' MII el rn•le.ra,.rel.cl• ••a.R M1.11. esaT. Nra.. {TR{ eT F'�IVr.I TM 1r4N1N tel•. . .c.w•IJ.J YI .. Y.UI. ../ .1 fNm Cr I IT .InY�piliTC�i r—I uT—n.ir�ec . on. eCT)�. . uiT/ Iwla. .•N n I ! r .J •lu wry crlY. MAI NUbmI I r T� f M i "r`ln •`r..rN.[al lr^:`• n..r aer .MA ua .I.'m� l• I.r lT;�lw`. • rt.'.1a�relUu Uw. r. Y ra1.Ma arep011c1.NM ~`Y Ir`Ya1Tmr.lYf ' o�..w....ru..lw _�iuie• 1..r wue LarR. n_wR.. e.T e1 u I w eYT mweu .f i.\.•. u;...�. .oa.aM ;nl. rwT CITY C IL P YLY.. NITN"L N NAC Y CI.A le Ce_ar lll. {.r e1 rn_Ya. I.11. .M aM pan. c— I. LNIIC.r. rNt OHI..r.. ui.`sw n.. Y., .w•n.N ml. — ear e1 u_ • 1 nfe_I..1 .nM .Iw el .Iw f.R.. lee NCPo .enirlP .F.w.. A rnl 1... ........ : Nyr • Cwnl. r[nn .M nrN FIIya1�•t eI, C�Ir Y.... .1 e. . C 1.�I,I,...oa.. C[fiTCe tl.I.I. ••a. 1 � IW.r.RIM r UI. mn anu u. nfm ammo. Y.. _rrae QT. — ear .I u_ 1 I. -N m.tll U.. Yu luu •u rllr b n slaw J aY fwq M.Nf IY I.wN ant. IT . 1.Mm ..r w. Nq .rrr u Agenda Information September 2, 1986, Page Sixteen Memo City Council Meeting ..F:INAL.:PLAT/LEXINGTON_PLACE 'SOUTH.3RD-ADDITION M. Approval Final Plat, Lexington Place South 3rd Addition --We have received an application for final plat approval for the Lexington Place South 3rd Addition which is a replat of the outlot of the 1st Addition originally designated as open space. This plat, as shown by the map enclosed on page,:?j6, , is located just east of Lexington Avenue between Blue Jay Way and Falcon Way. All conditions placed on the preliminary plat approval of April 1, 1986, have been satisfactorily complied with in the final plat application. In addition, all submitted materials have been reviewed by staff and found to be in order for favorable Council action. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Lexington Place South 3rd Addition and authorize the Mayor and City Clerk to; execute all related documents. • E LEXINGTON PLACE -N- r • � w a icw4 FALCON SOUTH 3RD ADDITION '- lrr �- Ar Yi ^ � •Y r � n • 1 Ir••r i ...w Y.. .�Y � yr Ir f. «... '1^«ru r Y•. f. YI•.�r rY r. rr.► r w rr� Ir1 �•.I. r .. ��rr�r .m..w w�r►w �•.�r�Y.. r�rr.rr r...r. � trr ��• rr y r• rr. �. FI Y rr1 r r.. w Y� r1 ' � ..rl �I rr nr•rr Irr• � f.�rr. 11•�r •.rrr w .rr rr .r. r r I�r ► rrrrrr l.rr •r`�r r rte. I Iw.r_ • w �. r r rr �.JI r � • II iV ILII �1 [w•I•r r s-11 I I•Y V. Ir r ► f�.r r� ..•.•. ..� . r.rr �w r. r rwa .. r r .r.. �.I lrr.�rr•:� ► Ir.wr..rl .�.. ti.r,rr r► M.•r• �r•..r•••V w rYI Irr. r1 r...r.� ►err I.... rr+.. r1.►.rr+�►Ir .L �«.r�..rar...�..w�.r .r • M�•I M . �1 .. r. 1 rr r f�.rr. IY..I/►. ria Y �.f•ww tiv n . • r . I -_ I. r w V. Yr► Irk. w•• ►IwY �. Iy w rr �./ r. EXHIBIT "A" lye -ed' q pp/T/awq Agenda Information Memo September 2, 1986, City Council Meeting Page Seventeen PROJECT 447/LONE OAK ADDITION A. Final Assessment Hearing for Project 447 (Lone Oak Addition - Trunk Water Main) --On August 5, the final assessment roll for the installation of trunk water main to service the Lone Oak Addition along Trunk Highway 149 was presented to the Council with the public hearing being scheduled for September 2. Enclosed on page is a tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on July 16, 1986. All notices have been published in the legal newspaper and sent to all property owners proposed to be assessed under this project. As of this date, the staff has not received any objections to these proposed • assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 447 (Lone Oak Addition - Trunk Water Main) and authorize its certifi- cation to the County for collection. • 37 FINAL ASSESSMENT HEARING PROJECT NO: 447 SUBDIVISION/AREA:Lone Oak Addition FINAL ASSESSMEENT HEARING: September 2, 1986 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. Feasibility Report FINAL F.R. WATER RATES RATES 0 Area Laterals $346.82/ $620.00/ Service lot ___1_ot _ ©Single Fam: Lat. Benefit/Trunk 511 _,98 /F $1 18/7F Comm/Indust: STORM-- _0 TORM-- Area Laterals `• NUMBER OF PARCELS AFFECTED: FINAL F.R. SANITARY RATES RATES Area Laterals Service Lat. Benefit/Trunk STREETS Gravel Base Surfacing Res. Equiv. NUMBER OF YEARS ASSESSED: 15 RATE OF INTEREST: 9$' TOTAL AMOUNT ASSESSED:_ $213.619.60 (F.R. $223,309.90) CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-22 PUBLIC HEARING DATE: July 16, 1985 Agenda Information Memo September 2, 19:86, City Council Meeting Page Eighteen PROJECT 453/ROBINS ADDITION B. Final Assessment Hearing for Project 453 (Robins Addition - Utilities) --On August 5, the final assessment roll for the installation of sanitary sewer and water main to service the Robins Addition and adjacent parcels was presented to the Council with the public hearing being scheduled for September 2. Enclosed on page is a tablulation of the final assessments rates as compar d to those estimated in the feasibility report presented at the public hearing held on August 6, 1985. All notices have been published in the legal newspaper and sent to all property owners proposed to be assessed under- this project. As of this • date, the staff has not received any objections to these proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 453 ('Robins Addition - Utililties,) and authorize its certification to the County for collection. 3� FINAL ASSESSMENT HEARING PROJECT -NO: 453 + SUBDIVISION/AREA: Robins Addition & Parcels 090-00, 010-28, 020-28 , NW 1/4 Sec 2 FINAL ASSESSMEENT HEARING: September 2, 1986 STORM 1r`.1'1 Area Laterals NUMBER OF PARCELS AFFECTED: 8 NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: 9.0% STREETS Gravel Base Surfacing Res. Equiv. TOTAL AMOUNT ASSESSED: $619,851.45 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-22 PUBLIC HEARING DATE: Auqust 6, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. . Feasibility Report FINAL F.R. FINAL F.R. WATER RATES RATES SANITARY RATES RATES $3,020.00/ $3,020.00/ �--7 10 Area -both acre acre Area $1,925.48/ -s-2,6577-777=7 $2,724 • Laterals -Robins acre acre Laterals -Robins acre acre -r2—,0-4 8 QService $1:,938 69/ -Robins service service F� Service Lat. Benefit/Trunk $19.57/ff $19.57/ff Lat. Benefit/Trunk Parcels 090-00, 010-28, 020-28 STORM 1r`.1'1 Area Laterals NUMBER OF PARCELS AFFECTED: 8 NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: 9.0% STREETS Gravel Base Surfacing Res. Equiv. TOTAL AMOUNT ASSESSED: $619,851.45 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-22 PUBLIC HEARING DATE: Auqust 6, 1985 Agenda Information Memo September 2, 1986, City Council Meeting Page Nineteen PROJECT 456/EAGANDALE COURT C. Final Assessment Hearing for Project 456 (Eagandale, Court - Streets & Utilities) --On August 5, the final assessment roll for the installation of streets and utilities for the construction of Eagandale Court was presented to the Council with the public hearing being scheduled for September 2. Enclosed on pagews a tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing on October 1, 1985. All notices have been published in the legal newspaper and sent to all property owners proposed to be assessed under this project. As of this date, the staff has not,.received any objections to these proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM. To close the public hearing and approve/modify the final assessment roll for Project 456 (Eagandale Court - Streets and Utilities) and authorize its certification to the County for collection. q i FINAL ASSESSMENT HEARING PROJECT NO: 456 SUBDIVISION/AREA: Eagandale Court FINAL ASSESSMEENT HEARING: September 2, 1986 STORH STREETS Area _ Gravel Base ® $12,542.18/ $14,510/ $19,694.50 -$17,673/ Laterals lot lot Q Surfacing lot lot Res. Equiv. NUMBER OF PARCELS AFFECTED: 3 NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: TOTAL AMOUNT ASSESSED: __$131.473.45 (F.R. _ $158,608) CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-2 PUBLIC HEARING DATE: October 1, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. Feasibility Report FINAL F.R. FINAL F.R. MATER RATES RATES SANITARY RATES RATES Area ❑ Area $6,584.35/ $13,133/ Laterals lot lot F-xj Laterals $15,010.36 $22,660 (lot 6, block 4) Service ❑ Service E) Lat. Benefit/Trunk Lat. Benefit/Trunk STORH STREETS Area _ Gravel Base ® $12,542.18/ $14,510/ $19,694.50 -$17,673/ Laterals lot lot Q Surfacing lot lot Res. Equiv. NUMBER OF PARCELS AFFECTED: 3 NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: TOTAL AMOUNT ASSESSED: __$131.473.45 (F.R. _ $158,608) CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-2 PUBLIC HEARING DATE: October 1, 1985 Agenda Information Memo September 2, 1986, City Council Meeting Page Twenty PROJECT 451/HAMPTON HEIGHTS D. Final Assessment Hearing for Project 451 (Hampton Heights - Trunk Water Main) --On August 5, the final assessment roll for the installation of trunk water main providing lateral benefit to the Hampton Heights Addition was presented to the Council with the public hearing being scheduled for September 2. Enclosed on page is a tabulation of the final assessment rates as compared tb those estimated in the feasibility report presented at the public hearing held on August 6, 1985. All notices have been published in the legal newspaper and sent to all property owners proposed to be assessed under this project. As of this date, the staff has not received any objections to these proposed • assessments. • ACTION TO BE CONSIDERED ON THIS ITEM: To and approve/mod'ify the final assessment (Hampton Heights - Trunk Water Main) and cation to the'County for collection.. �3. close the public hearing roll for Project 451 authorize its certifi- FINAL ASSESSMENT HEARING PROJECT NO: 451 SUBDIVISION/AREA: HAMPTON HEIGHTS FINAL ASSESSMEENT HEARING: SEPTEMBER 2, 1986 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. Feasibility Report FINAL F.R. WATER RATES RATES Area $1.190/acre $1,190/acre Laterals Service ® Lat. Benefit/Trunk $582.78/lot $638.00/lot STORM Area Laterals SANITARY Area Laterals Service Lat. Benefit/Trunk TREETS Gravel Base Surfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 130 NUMBER OF YEARS ASSESSED: 5 RATE OF INTEREST: 8.5% TOTAL AMOUNT ASSESSED: $87,986.10 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 86 - 15 PUBLIC HEARING DATE: August 6, 1985 U FINAL RATES F. R. RATES Agenda Information September 2, 1986, Page Twnety-One Memo City Council Meeting PROJECT 424/EAGANDALE LEMAY LAKE 1ST ADDITION R. Final Assessment Hearing for Project 424 (Eagandale Lemay Lake lst Addition - Streets & Utilities) --On August 5, the final assessment roll for the installation of streets and utilities to service the Eagandale Lemay Lake 1st Addition apartment complex was presented to the Council with the p blic hearing being scheduled for September 2. Enclosed on page and _jq is a tabulation of the final assessment rates as comparedto those estimated in the feasibility report presented at the public hearing held on April 2, 1985., All notices have been published in the legal newspaper and sent to all property owners proposed to be assessed under this project. As of this date, the: staff has not received ® any objections to these proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 424 (Eagandale Lemay Lake Addition - Streets and Utilities) and authorize its certification to the County for collection. • Y NE FINAL ASSESSMENT HEARING 'PROJECT 190: 424 - SUBDIVISION/AREA: EAGANDALE LE MAY LASE 1ST AND 2ND ADDITIONS, EAGANDALE CENTER INDUSTRIAL PARS FINAL ASSESSMENT HEARING: SEPEMBER 2, 1986 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.H. = Feasibility Report SANITARY SEWER RATES Area -0- (1) Laterals: ($/C.L. Foot) Eagandale LeMay Lake 1st Add $ 34.41 Eagandale LeMay Lake 2nd Add (Sewer) $ 28.12 (Overdepth) $ 24.13 Service: Eagandale LeMay Lake 1st Add (L1, B2) Eagandale LeMay Lake 2nd Add W, B1) Lateral Benefit/Trunk $807.20 (lump sum) $384.71 (lump sum) !M F.R. RATES -0- $42.73 $72.84 $8.60 $0.00 $0.00 SSE (1) F.R. Rates based on Feasibility Report Estimated Assessments divided by - final centerline footage which is from final plat dimensions. • Services -0- _ -0- Lat Benefit/Trunk: ($/F.F) Eagandale LeMay Lake 1st Add $19.57 $19.57 (2) F.R. Rates based on Feasibility Report Estimated Assesssments divided by final centerline footage which is from final plat dimensions. T� FINAL F.R. WATER RATES RATES Area -0- -0- (2) Laterals: ($/C.L. Foot) Eagandale LeMay Lake 1st Add $19.94 $21.42 Win street) Eagandale LeMay Lake 1st Add $24.01 $36.34 (w/in L1, B2) Eagandale LeMay Lake 2nd Add $29.35 $25.04 (w/in street) Services -0- _ -0- Lat Benefit/Trunk: ($/F.F) Eagandale LeMay Lake 1st Add $19.57 $19.57 (2) F.R. Rates based on Feasibility Report Estimated Assesssments divided by final centerline footage which is from final plat dimensions. T� NUMBER OF PARCELS AFFECTED: 32 NUMBER OF YEARS ASSESSED: 5 RATE OF INTEREST: 9.0% TOTAL AMOUNT ASSESSED: $762,988.48 (F.R. $828,127) CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-7 PUBLIC HEARING DATE: APRIL 2, 1985 FINAL -F.R. STORM SEWER RATES RATES Area: ($/S.F.) Eagandale LeMay Lake 1st Addition Lot 1, Block 1 $0.072 $0.072 Lot 1, Block 2 $0.061 $0.061 Eagandale LeMay Lake 2nd Addition $0.072 $0.072 (3) Laterals: ($/C.L. Foot) Eagandale LeMay Lake 1st Addition Lot 1, Block 2 Win L1, B2) $55.64, $45.14 Lot 1, Block 2 (w/in street) $49.05 $45.14 Eagandale LeMay Lake 2nd Addition $49.05 $45.14 Eagandale Center Industrial Park $O.O766/S.F $0.0862/S.F. (3) F.R. Rates based on Feasibility Report Estimated Assessments divided by final centerline footage which is from final plat dimensions. FINAL F.R. STREETS RATES RATES Eagandale LeMay Lake 1st Addition $62.73/F.F. $48.O7/F.F. Eagandale LeMay Lake 2nd Addition $62.73/F.F. $48.07/F.F. NUMBER OF PARCELS AFFECTED: 32 NUMBER OF YEARS ASSESSED: 5 RATE OF INTEREST: 9.0% TOTAL AMOUNT ASSESSED: $762,988.48 (F.R. $828,127) CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-7 PUBLIC HEARING DATE: APRIL 2, 1985 Agenda Information Memo September 2, 1986,,City Council Meeting Page Twenty-two VACATION OF STREET EASEMENT F. Vacation of Street Easement, Eagandale Lemay Lake lst Addition --On June 3, the Council passed a resolution formally releasing all interests in that portion of the street and utility easement for Eagandale Place dedicated to the City by deed conveyance as a part of the Eagandale Lemay Lake 1st Addn. Due to the fact that this easement was formally recorded at the County, it is now necessary for the City to vacate this through the formal public hearing process. On August 5, the Council received the formal petition and scheduled the public hearing to discuss this vacation on'September 2. Enclosed on page � is a description of that portion of Eagandale Place proposed to be vacated. This street and utility easement has been dedicated in like kind as a part of the platting of the Eagandale Lemay Lake 2nd Addn. All notices have been published in a legal newspaper and sent to all potentially interested utility companies. As of this date, the staff has not received any objections to this proposed vacation. ACTION TO, BE CONSIDERED ON THIS ITEM: To close a public hearing and aapprove the vacation of. that portion of Eagandale Place as described nd conveyed with the Eagandale Lemay Lake 1st Addn and authorize the Mayor and City Clerk to execute all related documents.. O Y \94,0, <i 0]12.59'47'CHD.8R0s 574.36'07"W `!A La Z U) LaEL L=757 R=33.36. '\.� : tw L=2237'R6'CHD.BR6=57014901"W .+ _ 236.03 .. SKETCH FOR PROPOSED ROAD AND UTILITY ' EASEMENT: EAST. 1/4 OF THE NE 1/4 OF THE NW 1/4 SEC. 10, T27, R23. - ,`� crF <i `!A La Z U) LaEL La O0N 0- < l) iJ LJ _j <i 1 , l �J --J I I �/ I— <1 C -L _ %1 ,•L l_ I , 1 „E"'. cccecCc Czrd Sce ra•c7'in� Fce c. I PA1 E Br»••�Kren hee..] 11W1 B�apm...vraq uN ff.]v VA M. r D (1 m 30 �, £ ISL=6.93 R=176.03 `` A=1.55'54'& D.BRO.=N72'34'03•E L=45.49 R=3000 L-86.52'21" CHD.SR0=N26'09'56'E Op V_ TN O 1 WEST LINE OF THE EAST 1/4 1 OF THE NE 1/4 OF THE NW 1/4 201 i SEG 10, 727, R23 o "� N .. IN IL N ID 20 1 SHEET 2 OF 2 SHEETS crF `!A La Z U) LaEL La O0N 0- < l) 1 WEST LINE OF THE EAST 1/4 1 OF THE NE 1/4 OF THE NW 1/4 201 i SEG 10, 727, R23 o "� N .. IN IL N ID 20 1 SHEET 2 OF 2 SHEETS Agenda Information Memo September 2, 1986, City Council Meeting Page Twenty -Three VACATION OF DRAINAGE S UTILITY EASEMENT G. Vacation of Drainage & Utility Easement, Lot 3, Block 1, Eagandale Center Industrial Park --On August 5, the Council received a petition to vacate the common lot line drainage and utility easement adjacent to Lot 3, Block 1, Eagandale Center Industrial Park as shown by the map enclosed on .page 5J . Subsequently, a public hearing was • scheduled to formally consider this vacation on September 2. All notices have been published in a legal paper and sent to all potentially affected utility companies. As of this date, the staff has not received any objections to this proposed vacation. The vacation of this easement is a condition of the final platting of the Eagandale Office Park 4th Addn (Compri Hotel 6 Restaurant). ACTION TO BE CONSIDERED ON THIS ITEM-: To close public hearing and approve the vacation of the drainage and utility easement over Lot 3, Block 1, Eagandale Center Industrial Park and authorize Mayor and City Clerk to execute all related documents. • 10 EAGANDALE CENTER INDUSTRIAL PARK EASEMENT VACATION SKETCH WAY "NO' 494 IN�itS�ATE HIGH / ry J r+ 1 I ® L JT 1 _ r ' R[�J] ~ y 11V IV JT ' LOT , Io DRAI GE B UnLIT1 EASE T TO BE VACAT W CORPORATE $ CI 1 66 E]��a"JCA! E I W �,FF.CE WPI Ia V -5V-D ,.'- DRIVE $ i'a4K ---- EA)JA"JL1- LCSI=FiCE FA RK • 2 AJC\ OR, ADDITION �sW l F W u PROPOSED DESCRIPTION OF EASEMENT VACATION The 10 foot wide Drainage and Utility Easement as dedicated on the easterly 10 feet of Lot 3, Block 1, EAGANDALE CENTER INDUSTRIAL PARK, accord- t -i i� r.,. DENOTES EASEMENT TO �--I BE VACATED W a U N ing to the recorded plat thereof, Dakota County, Minnesota. sonde 1L"n4l 5..rvcye..:g Anc. cml E. Baanlnpt.n Fi..�.]Y 115v]) Bnomirgian. MN SSA pp)Ub]19 - Agenda lnformation Memo September 2, 1986, City Council Meeting Page Twenty -Four VACATION OF DRAINAGE 6 UTILITY EASEMENT H. Vacation of Drainage s Utility Easement, Lot 1, Block 2, Town Center 100 Addition --On August 5, the Council received a petition to vacate a common lot line drainage and utility easement located over the west line of Lot 1, Block 2, Town Center 10'0 lst Addn as shown on page -53 . A comparable easement is being dedicated to the City •as a part of the final plat for the Town Center 100 3rd Addn. All notices have been published in a legal newspaper and sent to all utility companies. As of this date, the staff has not received any objections to this proposed vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To close public hearing and approve the vacation of the common lot 'line drainage and utility easement adjacent- to Lot 1, Block 2 and all of Lot D of Town Center 1010 lst Addn and authorize the Mayor and City Clerk to execute all related documents.. • �Y N 89617 1 51 11 E --- 2641.28 --- T ' EXHIBIT "A" N STATE OF MINNESOTi Dakota County Cast, Iron Monument (found) COUNTY OF -.._.'N."E:"Cor.--Sec.-1'5,'_1rWp..'27,"-Rge. "23 (YANKEE 40.000 25.46 --'025.46 a` ROAD) 40.00 60.00- -255.00 -I O o 45000 I 470.50 OT I I w O,N ' 10 N N ITo I - ao oil 0.5 iLdW I Do I OU TLOT, o )540.00 'E m d� s 371.59 •_ \ yv% N 89.17 51"E `•., \N IOC L%,1 I r NM O"Q N 4 6 CA �UTLOT ,nC04 's �o E zr�� j I F 1 n1N 3--- w O , o 0 0 olp to . • H I \ Al N�0 IM 46 403.10 5.00 �V SO 42'04'E ,6 i W C'.* •` t CURVE •! :)-• l D=37.37'45" r••y, 1.•' O Z M1 r L= 154.21 t. W R=234.80 RE_139 •l c795 -- uce•Irc ELE V = 883.2 FT.I IL II, 1985 Y LINE . l F,-�2L0V . P .t. I _v,• 102.f S89.17103 W'� rt: )'votJ!'+ \ 1568.90 t �OUTLOT. C f< 1 UTILITY AND DRAINJGE al EASEMENTS BEING n$ 0 U T L O T D VACATED Z CURVE r•. L7N i C=37.37'43'1 N89 TSI'�E'-•'_ Additio I - L= 250.59 R= 381.55 15 feet o be 150.00 I m w conve ed o ppOqqJJ �_� N O e23a' -01 cn ,. 5=1�� 188_04 150.00 10 60 I •y234 c32 / f7'31. 33.40f1 .LL - O -kE�4 3.00' .124 y24 338.09, 60Ci' .5234 pc32 � CURVE) J 1 D = 32.52134" ; L= 143.45 - pl, R= 250.00 N r a o O�•�1I - I UO C! , 117752 - - d �_• - SY II REVIEWED i1 ZA Agenda Information Memo September 2, 1986, City Council Meeting Page Twenty -Five • ON/OFF SALE LIQUOR LICENSE INVESTIGATION POLICY A. Review Policy for On and Off Sale Liquor License Investigation - At the August 5, 1986, City Council meeting, the City Administrator and Police Chief presented an on and off sale liquor license fee policy change for consideration. Questions were raised at the meeting regarding the proposed ,escrow and a rationale for the increase in fees. The Director of Finance has reviewed the liquor license investigation fee and is presenting a table that distinguishes a difference in the investigation fee between applicants from the state of Minnesota and outside the state. For a copy of that memo„ refer toi pages S through ,�. For, a copy of the information that was provided in the August 5 • City Council packet as prepared by Administrative Captain Geagan, refer to pagesthrough 6/ . A representative of the Police Department will be present to answer any questions that the City Council might have regarding further ,purpose for instituting an escrow policy for on and off sale liquor license investigation fees. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an increase in the fees for the investigation of on and off sale liquor license applications. 6y MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK DATE: AUGUST 12, 1986 SUBJECT: LIQUOR LICENSE, INVESTIGATION FEE At your request, I have reviewed the proposed fee for liquor license investigations. Currently the City charges a flat $500 for each license application whether on or off sale. The same fee is charged regardless of the number of applicants with a 5% or greater share and without regard to where or how the .bulk of the investigation must be conducted. At the time that fee was approved, it was assumed that it would be a reasonable average of ® the costs incurred by the City. At that time, the City was also dealing prmarily with local ownership as opposed to the current situation which in certain cases has taken on a national scope. Given the City's policy for covering only out of pocket expenses while reducing potential hardships on applicants, I believe that a reduced flat fee combined with a cash escrow account against which the out of pocket costs could be billed, would be an appropriate method to place primary financial responsibility for the investigation with the applicant. For the sake of simplicity I would propose that the same fee structure apply to both on and off sale license investigations and that no change be made to current beer and wine investigation fees. Potential City expenses would be greater for any investigation required to be conducted out of the State of Minnesota so I would use the higher escrow deposit for any application showing one or ® more applicants having an out of state residence. Although the following table illustrates a possibility, different dollar amounts may be more appropriate and could be given consideration. Base Fee Escrow The base fee or no travel refundable. Proposed Current Minnesota Out of State $500 $300 $1,000 $300 $2,000 would cover routine investigations with metropolitan as well as all administrative time and would be non - The escrow account would cover travel and lodging expenses as well as consultive attorney and fiscal fees with the balance being refunded upon completion of the investigation. The eventual outcome of license issuance/nonissuance would not affect this financial arrangement. Any shortfall would be billed to the applicant after the fact. 55 Liquor License Investigation Fee August 12, 1986 Page Two This proposal does not bill any investigator's hourly wage into the escrow charge. The Chief Investigator's rate of pay is nearly $17 per hour, consequently, the $300 would cover approximately 17 hours. This amount would more than likely be exceeded if there is much travel involved or if there are a number of people with greater than a five per cent investment requiring investigation. Overtime payments would certainly compound the costs and would be a possibility in certain situations. It might be appropriate to require payment from the escrow account for hourly wages in excess of a particular number of hours, i.e. 10 - 15. I have reviewed this -material with Administrative Captain Geagan and i -t is consistent with his ideas for the investigative process. We feel that the proposal is fair and equitable and would not cause a hardship on any applicant capable of operating a liquor establishment in the City. I will be happy to discuss the matter in more detail or provide any additional information you may desire. (A Fin a Director/City Clerk cc: Administrative Captain Geagan EJV/j eh MAY r 1 U police department Ay M. BERTH cnw a.aia PATRICK J. GEAGAN Mminhunln Govin ®■ czagan KENNETH O. ASZMANN 3830 Pilot Knob Road Eagan, Minnesota 55122 28 July 1986 TO: Thomas L. Hedges, City Administrator FROM: Administrative Captain SUBJECT: ON and OFF SALE LIQUOR LICENSE APPLICATIONS & INVESTIGATIONS The police department would like to suggest that we make a significant change in the current method of conducting investiga- tions relative to on and off sale liquor license applications. With the exception of one license in the city, most of our past investigations have been conducted within the State of Minnesota and information has been relatively easy to obtain. We have experienced some problems with those investigations as we have not demanded substantiating documentation of what they put on the liquor license application. The department is concerned that with the growth of the city and the number of outside people interested in liquor licenses in our city, unless we change our liquor license investigation procedure, we could have a serious problem in the future. We believe it is very important for the city to have an indepth background check on any individuals or corporations that apply for a license within this community. It is important, parti- cularly when considering outside interests, that we know where the finances are coming from for the establishment and exactly who the individuals are who will be involved with it and their background. I have researched the method of application and investigation in the cities of Burnsville and Bloomington, and they are essentially the same in nature. I have discussed the procedure with Gene VanOverbeke and Dave Keller and they have agreed that the items listed below are possible to get. Prior to any investigation, we would require from an applicant the following items: 1. On Sale or Off Sale a. Part I - Application for Liquor License General Informa- tion - 2 copies. ', THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Thomas L. Hedges Page Two b. Part II - Personal Information - 2 copies. NOTE: Parts I and II would be the basic working document for the background information (financial and legal) on the individuals. c. Partnership Agreement - 2 copies where applicable. d. Corporation Records - 2 copies where applicable. e. Trade Names Certificates - 2 copies. f. Certificate of Incorporation - 2 copies. g. Articles of Incorporation - 2 copies. h. By-laws - 2 copies. i. Foreign Corporations - Certificate of Authority - • 2 copies. j. Bond - 2 copies. k. Lease - 2 copies. 1. Short autobiography on persons required to complete Part II - 2 copies. NOTE: The purpose of the autobiography is for the investigator to determine the type of individual with whom we are dealing, and their background. We will also match the autobiography against the application to make sure we can follow the person's background continuously. m. Financial statement on persons required to complete Part II - 2 copies. NOTE: Besides the Financial Statement, we would also like their last filed IRS statement. The purpose for this is to determine if there is money available to runthe establishment and, in fact, where that money came from, and is it consistent with information obtained in the background check. n. Certificate of Insurance - Liquor Liability. o. The applicant should supply the department with a Statement from the U. S. Courthouse indicating if there has been any federal civil or criminal claim against either the individual or the corporation. p. List of all liquor licenses currently held. ,._, Thomas L. Hedges Page Three After receiving this information, this department would act as a central repository for all information and ask that the City Finance Director, or his designee, research the financial state- ments to ascertain if they are correct. We would also have the City Attorney's office research the legal aspects; i.e., Arti- cles ..of :Incorporation, ..etc., to .determine .if everything .has been filed legally. Based on information gathered from the Finance Director, City Attorney and the application forms, this department would then conduct background checks such as criminal history and personal references. From the personal references listed on their application, we would ask for other individuals who may know the applicant and those are the people we would "key" on for references. To conduct a complete and thorough background, it may be appropriate to send a police officer to the area in which the person resides or does business. It has been this department's experience, as well as the experience of other agencies to whom I have talked, that investigators receive a great deal of information in person vs phone or by mail as the individual with whom they are talking does not know for sure who, in fact, they are dealing with. It is our feeling due to the expense of a more thorough investi- gation, that some type of an investigative fee, possibly guaran- teed by a surety bond, be required of the applicant prior to any investigation. Time and travel expenses would be an unfair burden for the city to incur and we feel should be somehow �! billed back to the applicant. We feel that with the above procedure we would have a much more thorough investigation and the City Council would have more information on which to base their decisions as to the approval or disapproval of an applicant. • I would like to note that this department currently has a request for a liquor license in which all substantiating docu- mentation and references are from out of state. We would like to suggest that we initiate as much of the above procedure as possible for this application. Patrick J. Geagan PJG/vk cc: Jay M. Berthe Attach.: 1. Copy of Memo dated 28 July 1986 from David G. Keller Re: Liquor License Applications & Investigations 2. Part I & Part II Burnsville On/Off Liquor Application and Personal Information Application HAUGE, EIDE & I1ELLIM, P. A. ATTORNEYS AT LAW WATER VIEW OFFICE TOWER. SUITE 303 1200 YANKEE DOODLE ROAD EAGAN. MINNESOTA 55123 PAUL H. HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN MICHAEL J. MAYER July 28', 1986 Captain Patrick Geagan Eagan Police Department 3830 Pilot Knob Road Eagan, MN 55122 RE: Liquor License Applications and Investigations AREA 0006 612 TELEPHONE 455-9000 4544224 Dear Captain.Geagan: You recently supplied this office with copies of liquor license application forms and investigative material used in the cities of Bloomington and Burnsville. In addition to this information, we were supplied with the liquor (�� license application information forms used by the City of Eagan. As you are 117 aware, we have not been heavily involved in such investigations in the past but have attempted to review this information to determine whether the increased information provided or required by other cities would be appropriate or necessary to the City of Eagan as it continues to grow in population and number of liquor licenses. It appeared in general, that the, information required in Burnsville was much more complete and provided enough information to give the investigating person or persons a good picture of the individuals and/or companies involved in a liquor license application. Obviously, with the amount of crime and safety problems associated with alcohol use, the City and the Police Department have a definite interest in insuring that liquor sales operations are managed by quality individuals or businesses. Our office would certainly support the Police Department's opinion as to the information it needs in order to provide adequate investigation. It may be appropriate in certain circumstances for this office to review legal documentation in regard to corporations and partnerships to insure the validity of the establishments, the continuity of their existence and the adequacy of their financing. Articles of Incorporation would provide information as to the actual incorporators, the location of the corporation, and the powers vested in the corporation by such Articles. By-laws would provide similar information. A Partnership Agreement would indicate the interest in each partner, the actual control of the business and the likelihood of a continuation of such an association. Financial information in regard to corporations and other business entities may be just as important for those entities as they are for individual persons to insure that the business is solvent, that it is set up for a long-term committment and that it Is 0 Captain Patrick Geagan July 28, 1986 ..::Page --2 has the necessary financial backing to run a "clean" operation without having to resort to unreasonable methods to increase its sales. A financial statement will be very hepful in evaluating such a business entity as I believe you have already discussed with the Finance Director. Other documentation would also be helpful such as Certificate of Authority for fore corporation, Certificate of Incorporation, Trade Name Certificate, Leases, etc. As part of a more thorough investigation, it is my understanding that the ® investigating officer or officers may be required to do some traveling in addition to long distance telephone calls, and other costly follow-up. We see no reason that the liquor ordinance could not be revised to provide a more extensive investigative fee possibly guaranteed by Surety Bond with the unused portion refundable to the applicant. If we can be of further assistance, please feel free to contact this office. Sincerely yours, • DGK:ras w:L NAUGE, EIDE b KELLER, P.A. David G.�Kel e Agenda Information Memo September 2, 1986, City Council Meeting Page Twenty -Six WESCOTT TOWNHOMES APARTMENT PROJECT MULTIFAMILY HOUSING REVENUE BONDS B. Amendment to documents for $1,880,000 Multifamily Housing Revenue Bonds Providing for Use of Insured Mortgage Loan from FHA --Bonds were approved and issued in late 1985 for the Wescott Townhomes Apartments Project in the amount $1,880,000. The ap- proved issue was a multifamily housing revenue bond. At that time the developers were attempting to seek and receive a credit enhancement on the bonds. Since this credit enhancement had not been received at the time the bonds were issued, the documents were drafted to anticipate the provision of such credit enhancement or alternative credit enhancement if FHA insurance was unavailable. As a condition of the sale, the indenture contained, langua4e that limited the ability of the partnership to draw any monies from the construction fund until such time as the credit enhancement was authorized. The project has not received a commitment for FHA insurance and, therefore, action is required by the City to authorize the supplemental indenture and amendments to the loan agreement that request the FHA insurance and also provide terms and conditions necessary for what is expected to be a AAA rating on these these bonds. Enclosed on pages l„3 through_(lt is a copy of a letter from Drake and Rogosheske, attorneys at aw, that outline the various documents that are required for this trans- action. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize a resolution allowing, for execution of certain documents to secure credit enhancement for the $1,880,000 Wescott Townhome Apartment multi- family housing revenue bond issue of 1985. (0 Y • E DRAKE & ROGOSHESKE PROFESSIONAL ASSOCIATION 6750 FRANCE,AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55435-1985 (612) 926-1837 August 22, 1986 Mr. Eugene VanOverbeke City of Eagan City Hall 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Messrs. VanOverbeke and Hauge: Paul H. Hauge, Esquire 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Re: $1,880,000 City of Eagan, Minnesota, Multifamily Housing Revenue Bonds (Wescott Townhomes Apartments Project) Series 1985 As you recall, the above referenced Bonds were issued in December of 1985. At that time, it was the Developer's intention to seek and receive credit enhancement on the Bonds in the form of an Insured Mortgage Loan from the Federal Housing Administration of the Department of Housing and Urban Development ("FHA"). As the Developers were unable to complete the process prior to the end of December 1985, the documents were drafted to anticipate the provision of such credit enhancement, or alternative credit enhancement if FHA Insurance was, for whatever reason, unavailable. Conditions were set within the Indenture that limited the ability of the Partnership to draw any monies from the Construction Fund until such time as credit enhancement was in place. Earlier this spring, the Developers informed us that a commitment for FHA Insurance was received. We thereafter drafted a Supplemental Indenture and Amendments to the Loan Agreement to comport with the specific requirements of FHA Insurance, and also to provide terms and conditions necessary for a rating of the Bonds by Standard & Poors. The Underwriter has sought and expects to receive a "AAA" rating on these Bonds from Standard & Poors. The Indenture and Loan Agreement anticipated the receipt of FHA Insurance and provided for amending the Loan Agreement and supplementing the Indenture to provide for this. We now must have the City's consent to the supplemental Indenture and amended Loan Agreement, as well as execution of related documents. 63 DRAKE & ROGOSHESKE Mr. Eugene VanOverbeke Paul H. Hauge, Esquire Page Two August 22, 1986 Enclosed you will find the following documents together with multiple signature pages to be executed by the City, in addition to the Resolution for the City's agenda of September 2, 1986: 1. Supplemental Indenture; 2. Amendment to Loan Agreement; 3. Development Agreement; 4. Issuer's Closing Certificate; 5. Resolution of the City; 6. Bond Purchase Agreement; and 7. U.C.C. Financing Statement. • Given the present tax climate with the newly proposed tax code, I am certain that the Developers are most appreciative to have their Multifamily Housing Revenue Bond financing in place. I would also trust that the Issuer and the Underwriter are most pleased that the Developer has provided the additional security to obtain the expected "AAA" rating for the Bonds. If you have any questions concerning any of these documents or the structure of this transaction, please do not hesitate to call at your earliest convenience. If there is any additional information needed to assure consideration of the Resolution at the September 2, 1986 meeting, please inform us immediately. JAR/cja Enclosures truly yours hRogoshes e/ Agenda Information Memo September 2, 1986, City Council Meeting Page Twenty -Seven SPECIAL PERMIT/EPISCOPAL CHURCH TO USE FUNERAL HOME FACILITIES A. Special Permit to Allow Temporary Use of Funeral Home for an Episcopal Church --An application was submitted by the Reverend George H. Martin who is representing a newly formed Episcopalian Church for a special permit to use the Klecatsky Funeral Home located on Yankee Doodle Road. A special permit does not require a public hearing by the Advisory Planning Commission. For a copy of the report prepared by the City Planning Department, refer to pages(, through. ® ACTION TO BE .CONSIDERED ON THIS ITEM: To approve or deny the special permit for use of a funeral home by the Episcopalian Church. 65 CITY OF EAGAN 'SUBJECT; Special Permit APPLICANT: Rev.George H. Martin LOCATION: Lot 1, Block 2, Century Addn, SW 1/4, Sec 9 EXISTING ZONING: N.B. (Neighborhood Business) DATE OF PUBLIC HEARING: September 2, 1986 DATE OF REPORT: August 25, 1986 REPORTED BY: Jim Sturm is APPLICATION SUMMARY: An application has been submitted by the Rev. George H. Martin requesting a special permit to allow a 'forming' Episcopalian Church the use of the Klecatsky Funeral Home along Yankee Doodle Road. Access to this site is from the south side of Coachman Road. The church owns.5 acres on the northeast corner of Diff ley Road and Lexington Ave in the Lexington South P.D. That site is located south of an R-4 district and west of Northview Elementary School and two single family homes. Currently the congregation is too small to support a building of its own. Ample parking should be provided with 50 parking spaces and staff contacted .Century 21 next door to see if they .would allow overflow parking. This was agreed upon as long as the spaces along ® Yankee Doodle were not used. If approved this special permit shall: 1) be limited to a two, year period. 2) all signage be subject to the $2.50/ft sign fee. 3) allow overflow parking at the Century 21 Real Estate office on the side and rear only. 568,08 F -`I f---ieo---1 —L4 23 o II� JO�W 4V� _II i�IeWO^ f.C� 1411 _11000 \C�— L~J L \ -- — — eo �— Teo — — — :To •' I / 1, PROPOSED k STREET 01,k 0 O I 7 JL 1 a.r o --e — e_/ t / y Ila 2 �„ �, YANKEE --' —ter _ L DOODLE----- OAC3— Agenda Information September 2, 1986, Page 'Twenty -Eight Memo City Council Meeting SITE PLAN REVIEW/BEAUTIFUL SAVIOR LUTHERAN CHURCH B. Site Plan Review for Beautiful Savior Lutheran Church to Begin Construction on a Waiver of Plat Parcel Prior to Final Plat --Beautiful Savior Lutheran Church was granted a rezoning of 3.5 acres from agricultural to public facilities adjacent to Hilltop Plaza on January 4, 1977. A waiver of plat was granted for a temporary building which was erected and has served Beautiful Savior Lutheran Church since that period of time. Representatives of the church would like an opportunity to proceed with their building plans this fall; however, due to the preliminary plat and final plat process, it is necessary to grant a building permit prior to platting with the understanding that no occupancy would be granted to the new facility until the final plat has been granted. For additional information on thi-s item, refer to the Planning Department report found on pages through. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a building permit prior to platting, for Beautiful Savior Lutheran Church at 4150 Pilot Knob Road. • MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR DALE C RUNKLE, CITY PLANNER FROM: JIM STURM, PLANNER I DATE: AUGUST 28, 1986 SUBJECT: BEAUTIFUL SAVIOR LUTHERAN CHURCH 4150 PILOT KNOB ROAD PARCEL 10-02200-012-54 On January 4, 1977, Beautiful Savior Lutheran Church was granted a rezoning of 3.5 (Ag.) acres to a (P.F.) district just north of Hilltop Plaza and south of The Pines condominiums. At that time, a Waiver of Plat was also approved creating a separate legal parcel for the church. A site plan showing the proposed permanent structure was submitted with the intent that the building would be ® built within 5 years. In August, 1986, representatives of the church submitted a new site plan to the City. The Inspection Department could not issue a building permit since the 5 -year limit was up and due to changes in the site plan. In an effort to speed up the building process, the Planning, Engineering and Inspection Departments have agreed to process the building permit (upon Council approval), but not allow building occupancy until the land is final platted. This is a win-win situation since they will be able to get their site work completed this fall, and the City gets the previously "waivered" parcel platted. A completed Preliminary Plat Application has been received, and this item will be scheduled for the September Advisory Planning Commission meeting. The 1986 plan will eliminate access from Pilot Knob Road with new access to the church off of Berry Ridge Road. Staff recommends lining up this drive with that of The Pines condominiums. A secondary proposed access will be to Hilltop Lane when the parking lot expands. 52 stalls are being provided with this Phase I construction. All building and parking setbacks meet Code requirements. Jim Sturm JS/ii �� • BERRY RIDSE RWD E,Da T9 Cla.Seaal'I.�rwwc.Pro fwm to / ai yr cvri�� r,a rre�lac.i a.w la ra'n T, r� of - -- -- 1 ®C 1- O ::::.•: � 'mss i ri—r � � � i1 r I 1J�LJ • 0 r I. �,; II ,�r, lil► � 3 C:3 I i ' II ' ,I II II ,, g I11j�, II � ' Ir i�;j�''11►� II Id L -7O Agenda Information September 2, 1986, Page Twenty -Nine Memo City Council Meeting CONDITIONAL USE PERMIT/RAINBOW FOODS C. Conditional Use Permit to Allow the Sale of Malt Liquor at Rainbow Foods --A public hearing was held before the Advisory Planning Commission at a regular meeting held on Tuesday, August 26, 1986, to consider an application submitted by Rainbow Foods to allow for a conditional use permit to sell 3.2 beer. The APC is recommending approval. For additional information on this item, refer to the Planning Department report found on pages through_ ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the • conditional use permit to allow the sale of malt liquor at Rainbow Foods, Town Centre 70 Second Addition. • 7l/ CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: APPLEBAUM FOOD MARKETS, INC (Rainbow) LOCATION: LOT 1, BLOCK 1, TOWN CENTRE 70 2ND ADDN. EXISTING ZONING: CSC (COMMERCIAL SHOPPING CTR) DATE OF PUBLIC HEARING: AUGUST 26, 1986 DATE OF REPORT: AUGUST 15, 1986 REPORTED BY: PLANNING DEPARTMENT ® APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow the sale of 3.2 beer at Rainbow Foods in the Town Centre 70 development. �J 0 Code requires a Conditional Use Permit for liquor, 3.2 beer or wine sales in CSC districts. The liquor license was approved by the Police Department, and this item has been scheduled for review by the City Council at the September 2, 1986, meeting. If approved, this Conditional Use Permit shall be subject to all applicable alcohol related Ordinances. JS/jj I PROJECT DATA YANKEE DOODLE ROAD • El El TOIA rMRwc �owm u—u �.... — a0N MA fCt yW RANYT.Y 10005 rnCr+ �: : �O _ RAINBOW ¢y ��q FOODS / ,_ '�� Gr!!�4fHHIIINHHIIHNNHIkW!!9` Brf-.�rffHIIHHHiNifHIHfNIftHIFC'°' - 'm—. � �� / � 9 V / O L SITE PLAN Y I _ _ TOWN CENTRE EAGAN RETAIL ----'---' EAOAN EA4`A DTA STORES rtDExAE LAw C7ANY Encw nwa�wTn r_-:-7YKR Ew--N •PCNRERA IMC u s e —� = LJ Agenda Information Memo September 2, 1986, City Council Meeting Page Thirty BUILDING PERMIT/KEVIN MURPHY D. Building Permit for Kevin Murphy at 1625 Deerwood Drive on Unplatted Property --Mr. Kevin Murphy is requesting approval of a building permit to construct a single family dwelling on a part of the 40 acres owned by his father, Leo Murphy. A second building permit cannot be granted on the same parcel of property even though the parcel of property is greater than five acres, without a legal lot split or approval by the City Council. For additional information on this item, refer to the City planning Department report found on pages through The City Administrator received a letter from Leo Murphy and a copy is attached on pages_Xthrough_ 0 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a building permit to Leo Murphy allowing his son, Kevin, to construct a new home on the Murphy 40 acre parcel. �v MEMO TO: DALE C RUNKLE, CITY PLANNER FROM: JIM STURM, PLANNER I DATE: AUGUST 26, 1986 SUBJECT: BUILDING PERMIT/LEO MURPHY PARCEL (NW1/4 SECTION 21) /PARCEL # 10-02100-012-28 A building permit application has been received by the City's Inspection Department for a single-family dwelling on approximately 40 acres owned by Leo Murphy. The applicant, Kevin Murphy, wishes to construct this new home +/- 200' south of the existing home. It will be accessed by the same driveway used for the existing home with the street address being on Deerwood Drive. A well and septic tank system are proposed. • The Inspection Department could not issue Council approval or unless the property wa separate parcels. Any further constuction with an overall conceptual site plan for site. Jim Sturm JS/jj ;V the permit without City s legally split into two would require platting the entire +/- 40 acre . 1. .. o �+ ID. N. 1 t , lf• ., r+e O 55 Ld_/a Cl da to �.. U� .. cb.0 °- $ . ^ . ail �► ---�e��:=�' - gip:.. - r y,' ;I, ed 0 o• � �� 1 b t /ansa/e. -. 3 r '.q '-' ° --' n _ ^VT TTl- � � � LvJ✓�- l'� 9� Oma! �1*—moi_ �6/ /�� TTl- i L, - jD - / A _ I v d✓ CIO lf-ode—ag 7A/o ! i L, - jD - / A _ I v d✓ CIO lf-ode—ag 7A/o V I Y y Ar ,i Y � V I Y y Ar ,i Agenda Information September 2, 1986, Page Thirty -One Memo City Council Meeting EXTENSION OF PRELIMINARY PLAT/WHISPERING WOODS 2ND ADDITiON E. Extension of Preliminary Plat for Whispering Woods 2nd Addition - The developer, Mr. D. J. Hilla, President, Hilla Construction Company, is requesting a 9 -month extension on the preliminary plat of Whispering Woods 2nd Addition, which is scheduled to expire September 3, 1986. The reason for the delay is given as "unresolved conflicts in the addition." For a copy of Mr. Hilla's letter, refer to page. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 9 -month extension for the preliminary plat for Whispering Woods 2nd Addition. • V 0 14405 JUDICIAL ROAD _ BURNSVILLE. MINNESOTA 55337 435-6556 Developer of COUNTRY VIEW ESTATES COUNTRY WOODS ESTATES WOODS ESTATES LIESURE ESTATES WHISPERING WOODS ® August 26, 1986 40 City of Eagan 3830 Pilot knob Road Eagan, Mn 55122 Dear Sirs: We would like a nine (9) month extension on the Preliminary Plat of Whispering Woods 2nd Addition which was due to expire September 3, 1986. The reason for the delay is because of unresolved conflicts in the addition. Sincerely, HILLA CONSTRUCTION CO. D. J. Hilla Pr sident. DJH. mlw • Agenda Information September 2, 1986, Page Thirty -Two Memo City Council Meeting UNITED PARCEL SERVICE/VARIANCE F. United Parcel Service for 17—Foot Parking Setback Variance Along County Road 63A --Aa application was submitted by United Parcel Service requesting a 17 foot parking lot setback variance along County Road 63A. According to the Planning Department this variance application does not require review by the Advisory Planning Commission. For additional information on the item refer to the Planning Department report, a copy is enclosed on pages _1K through g for your review. ACTION TO BE CONSIDERED ON THIS ITEN: To approve or deny the parking setback variance as requested by United Parcel Service. cJ CITY OF EAGAN SUBJECT: Variance APPLICANT: LOCATION: EXISTING ZONING: DATE OF PUBLIC HEARING: DATE OF REPORT: REPORTED BY: • United Parcel Service NE 1/4, Sec 13 P.D. 76-1 Gopher Eagan September 2, 1986 August 26, 1986 Jim Sturm APPLICATION SUM2%1ARY: An application has been submitted by UPS requesting a 17' parking lot setback variance along Co. Rd. 63A (Becker Road). The parking lot has been constructed and deciduous overstory trees, 3' pines and an irrigation system have been installed in the R.O.W. The Development Agreement for final platting required UPS to dedicate or aquire all easements and R.O.W. areas for the upgrading of Becker Road. In November 1985, UPS was notified of their error in the parking setback. The 20' setback was maintained - but from th-e original '33' half - R.O.W. not the 50' required for the new road. This green space area is too small for berming since all but 3'' is in the City R.O.W. Typically a 2-3' berm can be built and maintained in •a 20' space. The performance standards within the City Landscape Policy are inacted when screening is necessary to either shield parking areas and/or different adjacent land uses. Both pertain to this small area on the north side of Becker Road. LANDSCAPE PLAN: A revised detailed landscape plan has been submitted and will be available for your review at the City Council meeting. The quanitites may changes slightly since staff has only reviewed the 'preliminary only' revised plan. A few more changes were suggested and they are -being incorporated into the final plan. The new plan will leave the irrigation in place and not require berming. All 36 3' pines will be removed and'placed elsewhere on the site. Replacing them will be 36 8-10' ht (minimum) Scotch, Norway or Austrian pines. The existing 2 1/2" caliper deciduous trees will stay in their present location, however + 33 6' B/B multi -stem Amur Maple trees will be placed under the edge of their 'crown. In addition, approximately 75-100 Clavey� Dwarf Honeysuckle (or equivalent) and 100 Redtwig Dogwoods will be used to fill in the gaps. The shrubs are necessary since there is no berm. They provide a faster growing screening effect and are important under the deciduous trees. By installing a mixture of overstory, understory, coniferous and shrub_ plant material, the variety of textures 'and colors will provide a dense screening and be aesthectigally pleasing in all seasons. CONDITIONS: 1) All plant' material shall comply with the latest edition of the American Standard for Nursery Stock, American Association of Nurserymen. 2) Sod shall be installed in this boulevard area. 3) All pines shall be a minimum 8' in height and the existing pines shall be located on the site and noted on the overall landscape plan. 4) The owner shall stake plant material locations for approval by the City prior to planting. At that time, the City will inspect the plant material to ensure proper quantities, sizes and quality. • ME i` .�'wl i PARTIAL PLAN -5 UTH R%gKi.rT LOT Fb city of cagan D.Oallmanl .1 Planning V' @J c 1-t - O.. ♦Z w Q al " � NEio9LC* e01a� 0 .'.I '4' 4i 4 rf 1 bo Y �r 1 g 10 WIDE PAINTED I - p5T0 MH PEDESTRIAN WALK - 1 r ' 0 FH 51GN 9 C EAS iGN x BPACE (TIP.) \ oc,AN MH t � 45' 00' ;- __ ' -.100' — - < 91°09' • _ o o r .. 0.5 T'f P: TiPE A Cu0.g �~ SIGNte DOL15LE 6WIN o o P - R PIV o - I — ` �T�-f- �r * I — GUARDHOUSE p ,NATED FoR t� (4) 11: RANDICAPSPACES fPE G I pAv'T. 61ONAGE H I RAMP z � LOT_ g -- — 4- �ct ENT, It LOT N 10125.1'1 o, PAINT 5T1 1301 oE 9898.59 DA�ED v+ D: 51 51GN 5 11 ' 'ry N lO�e52. le< Z5 3 y'. -- p:C, N 1O(aO9, 08 E 91891 93 Urj a II r' \ I \ I L- • �U IL VNG L --ACOUWFY-i9AD 5 89' 63A -- '"IT CLVN ry ROAo bpi R CVKB [cYi9TioN RON KRUEGER S ABBOCIATEB, INC. l As NGu LIti..10.N11/.ef,M1N1.I A Fu�.R..C, 11,.E I MW mvsous ou.wu a mr, \ o s e eooe oeoe r' \ I \ I L- • �U IL VNG L --ACOUWFY-i9AD 5 89' 63A -- '"IT Agenda Information September 2., 1986,. Page Thirty -Three Memo City Council Meeting PRELIMINARY PLAT BLACKaAWK ACRES 2ND ADDITION G. Preliminary Plat for Blackhawk Acres 2nd Addition Consisting of 32 Townhouse Units on Approximately 6 Acres --This item .was considered as Old Business at the August 26, 1986 Planning Commission meeting. Since Tuesday at noon is the deadline for .submitting the Agenda to the newspaper, this item was scheduled for the September 2 City Council meeting. The Advisory Planning Commission continued the item until the September 23 meeting and therefore it will be necessary for the City Council to continue this item indefinitely until the recommendation is presented by the APC.. ACTION TO BE CONSIDERED ON THIS ITEM: To. continue until recommendation is presented by the Advisory Planning Commission concerning the proposed preliminary plat for Blackhawk Acres 2nd Addition. Agenda Information Memo September 2, 1986, City Council Meeting Page Thirty -Four PUBLIC IMPROVEMENT CONTRACTS A. Public Improvement Contracts --There are three public improvement contracts to be awarded: Item 1. Contract 86-20, Receive Bids/Award Contract (Windtree 7th Addn - Streets and Utilities) --At 10:30 a.m. on Friday, August 29, formal bids were received for installation of streets and utilities to service the proposed Windtree 7th Addn. Enclosed on page qL is �. a tabulation of the bids received showing the relationship of the low bidder to the estimate contained in the feasibility report presented at the public hearing held on August 5, 1986. As of this date, the developer has not made an application to proceed with the final plat for this subdivision. Subsequently, it is anticipated that we will not be able to award this contract prior to final plat approval. Due to the limitations of time that the contractor is obligated to honor the bids submitted, combined with the anticipated time of processing final plat application, it is not anticipated that we will be able to award this contract. The Public Works Director will provide a further update at the meeting on September 2 regarding the status of this contract award and final plat process. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for contract 86-20 (Windtree 7th Addn -'Streets and Utilities). 91 �Fo El U 1. 2. 3. 4. 5. 6. Our File No. 49397 WINDTREE 7th ADDITION UTILITY 6 STREET IMPROVEMENTS CITY CONTRACT NO. 86-20 CITY PROJECT NO. 4.77 EAGAN, MINNESOTA CONTRACTORS Lake Area Utility M & M Sewer & Water S.J. Louis Construction Northdale Construction F.F. Jedlicki Burschville Construction BID TIME: 10:30 A.M., C.D.S.T. BID.DATE: Friday, August 29, 1986 ENGINEER'S ESTIMATE ------------ Feasibility Report Est ......................... under Engineer's Est ......................... under Feasibility Report Est.................. 7431d 91 TOTAL BASE BID $223.246.50 224 414.00 236.998.10 237.984.00 238.177.'50 241,301.00 $242,000.00 249,200.00 —7.7% —10.44 • Agenda Information September 2,, 1986, Page Thirty -Five Memo City Council Meeting PUBLIC IMPROVEMENT CONTRACTS (continued) 2. Contract 86-2, Receive Bids/Award Contract (Nicols Road') --At 10:30 a.m. on Friday, August '29, bids were received for the construction of Nicols Road from Diffley to Kings Road under the above -referenced contract. Enclosed on page is a bid tabulation showing the relationship of the lowest bidder to the estimate contained in the feasibility report presented at the public hearing held on February 18, 19.8.6. The staff is still encountering obstacles in processing this plan for formal approval through the MnDOT state -aid office. These plans must be formally approved by State -Aid before the City can award the contract in order to protect our ability to obtain MSAS funding. If for some reason, we are not able to obtain state -aid approval prior to Tuesday night, it will be recommended that the bids be rejected and the project delayed until 1987. As it is now, the present schedule is critical in trying to meet the completion date prior to this winter. Additional information will be provided by the Public Works Director at the Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 86-2 (Nicols Road) and award/deny the contract. 92�_ p » u" 14 i kA4 CITY OF EAGAN NICOLS ROAD IMPROVEMENTS CITY PROJECT 460 CITY CONTRACT 86-02 OPENING DATE: August 29, 1986 MSAP 195-122-01 OPENING TIME: 10:30 a.m. CDST M CONTRACTOR ---------- ---------- BID ------- ------- 1 Valley Paving, Inc $ 2 Anderson Bros Const 3 Bituminous Roadways $ `SS3, 3 ® 4 McNamara Contracting Cc $ 5-94,002 5 Arcon Construction Cc $ 6 Preferred Paving $ 7 Alexander Const Cc $ L-7 3i 4 d 0 8 Central Landscaping,, Inc. $ 9 Lund Asphalt Const Co $ 10 Gammon Bros $ 11 Norwest Asphalt, Inc $ �,, 4Z5 (-Ct` i 12 Lametti 6 Sons Inc. $' ® 13 Hoffman Electric $ Engineer's Estimate $600,000 M Agenda Information September 2, 1986, Page Thirty -Six Memo City Council Meeting PUBLIC IMPROVENENT,CONTRACTS (continued) A. PUBLIC IMPROVEMENT CONTRACTS (continued) Item 3.. Contract 86-21, Receive Bids/Award Contract (Back Stop and Outfield Fencing) --The City received bids for backstop and outfield fencing on Friday, August 29, 1986. The contract covered backstop fencing for Goat Hill Park, Rahn Park, Walnut Hill Park, Blue Cross/Blue Shield Park, Meadowlands Park and Quarry Park. The outfield fencing portion of the contract was for Goat Hill and Rahn Parks. •' Because the bid opening was not until 1:00 p.m. on Friday, August 29, and because of the anticipation of a large number of bidders, the bid_ tabulation was not available for distribution with this packet. There will be no Administrative• or Additional Information ,packets due to the holiday on Monday; therefore, the bid tabulation and recommended award will be distributed at the City Council meeting on Tuesday. ACTION TO BE CONSIDERED ON awarding of Contract 86-21, the lowest., responsible bidder. is THIS ITEM backstop 914Z To approve or deny the and outfield fencing, to Agenda Information Memo September 2„ 19186, City Council Meeting Page Thirty -Seven REVISION TO PRELIMINARY PLAT/BLACKHAWK PLAZA B. Request for Revision to Preliminary Plat Approval Conditions (Blackhawk Plaza) --Enclosed on page--qbis a letter staff received from Peter Stalland requesting Cduncil reconsideration of two conditions placed on the preliminary plat approval for the Blackhawk Plaza development located on the northeast corner of Diffley Road and Blackhawk Road. Enclosed on pages_through 679 are copies of the minutes and conditions of that prelimina plat approval granted by Council on June 4, 1985. Also enclosed on page is a copy of the site plan showing the relationship of this development and its proposed accesses onto Blackhawk Road and Diffley Road. Enclosed on page /0/ is a letter received • from the County Highway Engineer regarding their objections to a major access from Diffley Road. Although the developer is requesting reconsideration for conditions #14 and #17, staff would like to receive any other concerns the Council may have regarding this proposed final plat due to the developer's agressive schedule for receiving formal approval and condition #4 requiring formal Council review of the proposed final plat. This will help staff to insure that what is finally presented will be acceptable for final approval. The developer will be presenting additional information and possible alternatives for Council's consideration regarding conditions #14 and #17. ACTION TO BE CONSIDERED ON THIS ITEM: Review and reaffirm/modify conditions of approval for Blackhawk Plaza Addition. / 5 LAW OFFICES STALLAND & STALLAND ONE CORPORATE CENTER FINANCIAL PLAZA 7261 OHMS LANE MINNEAPOLIS, MINNESOTA 86435 LUTHER M. STALLAND K. PETER STALLAND August 19, 1986 Mr. Thomas Colbert City of Eagan 3830 Pilot Knob Road P. 0. Box 21199 Eagan, MN 55121 •' Re: Blackhawk Plaza Final Plat Dear Tom: TELEPHONE (012) 835-5577 As you know we anticipate having our final plat application before you later this week with regard to Blackhawk Plaza. We have sold a large portion of our site to Mr. Steve Ramsey who is under an aggressive schedule to begin construction this fall. In order to proceed as quickly as possible with our final plat we need to appear before the City Council to discuss conditions numbers 14 and 17 of the June 4, 1985 City Council minutes and approval for our preliminary plat. I would appre- ciate greatly if you would place us on the calendar for the City Council meeting on September 2 in order for us to urge • the Council to eliminate its requirement of approving the entire Blackhawk Road upgrading prior to approving our final plat. Thank you for your time in meeting with us yesterday, and we look forward to hearing from you with regard to your sug- gestions regarding the above. Yours er truly, l Peter Sta'lland PS/3J cc: Thomas L. Hedges 5�� City Council Minutes "June 4, 1985 BLACRHAWR PLAZA PRELIMINARY PLAT The application of Norse Development Company for preliminary plat approval of Blackhawk Plaza consisting of nine (9) commercial lots on 11.6 acres and for conditional use permits for driveup bank and service station in Hillandale No. 1, together with variance for four-story hotel building was next brought before the Council. Dale Runkle detailed the issues that were of concern to the Council at its last regular meeting on May 21, including the service entrance, truck access in the rear of the building, elimination of major access on Blackhawk Road, drainage from the cemetery, potential median cut on Diffley Road, school bus pickup and drop off points on Blackhawk Road and access to the motel. He stated that the developer has redesigned the layout to a certain extent, has revised the restaurant Location, and also noted the shopping center has 11 fewer parking stalls than required. It would require approximately a 1,400 square foot reduction for parking to comply. Peter Stalland appeared on behalf of the applicant and requested the four- story hotel variance be approved and that in the event that the hotel is lowered to three stories that a request will be made for a sign on the building. He also indicated that cross easements could be required to fulfill the parking requirements. Councilmember Wachter had a number of questions including the width of the service drive, what the "x" over the cemetery indicated, and it was noted that. it indicated the proposed revision to the cemetery lot line layout. He also questioned whether Diffley Road access could be aligned directly north to the service area and the answer indicated that the access on Diffley Road is as far east as MnDOT would allow. Mayor Blomquist questioned the use of Lot 7 and it was indicated that it would only be used for pond area and will be dedicated to the City with no building permits to be permitted on that lot. She also questioned a proposed use for Lot 8 and asked that it be identified and be assured that no variances will be requested. Mr. Stalland stated that the proposed use is an 18,000 square foot office building and no variances will be required and further that the parking could be reflected to show that it would comply with the ordinance requirements. She also questioned whether hotel parking overlapped the Neighborhood Business zoned area and Mr. Runkle stated that seven spaces for the hotel parking would be outside the Roadside Business zoned area, but that there are more than enough spaces provided on the plan for the hotel. The Mayor also indicated that it was her opinion that the layout appeared to be too dense. - Ralph Wagner, engineer, appeared for the applicant and stated that heavy screening will be provided between the townhouse units and the hotel parking lot. If the fourth story is eliminated, the number of rooms will be reduced as well as parking. A pylon sign will be applied for on the three-story hotel on the 35E side. A number of neighborhood residents were present and asked about the parking for the cemetery and the developer indicated that the access to the shopping center parking area would be permitted for cemetery visitors. • City Council Minutes June 4, 1985 f - One neighboring resident was concerned about the development of Lot 8 and also there it was -recommended that major traffic be discouraged from the west and delineate the south access as a major access. There was also concern about the sight lines for the hotel at the three or four-story height. Kathryn King, a neighboring property owner, submitted a packet prepared by her husband objecting to certain aspects and making recommendations for revisions to the project. It was noted that•the City Council cannot change the maximum speed limit and there was also discussion restricting the hours for any liquor licensee within the development. Steve Haas, a neighboring property owner, questioned whether there may have been a conflict of interest by Luther Stalland when the original zoning took place as he was acting as the Town Attorney at that time. Councilmember Egan stated it was his impression that the zoning cannot be removed even it • was based upon alleged conflict of interest. Councilmember Smith noted that it was his opinion that the access road for the motel should be more clearly defined and also more clearly defined access to the northerly restaurant rather than winding through the parking area. Smith moved, Egan seconded the motion to approve the application for rezoning subject to the following: 1. That a maximum three-story motel be allowed. 3. That no building permit shall be allowed for Lot 8 until the Planning Commission and City Council review and approve the layout with .the understanding there will be no variances for building permits on that lot and that the lot be retained as an outlot at the time of the final plat approval. 4. That the final plat be reviewed by the City Council as a regular agenda item for final.review. 5. All standard preliminary plat conditions shally apply. 6. All trash containers shall be stored on the interior of the shopping center and hotel. Trash containers shall be concealed with opaque screening on all other lots. 7. Extensive landscape screening and the usage of large scale plant material and other bermning as necessary along the north property line and along the west property line shall .be refected in the landscaping plan. Neighborhood meetings shall be held with residents, including Kathryn Circle, residents to the west, and residents to the north, prior to preparation of the landscaping plan. The landscape screening shall be installed prior to construction. The landscaping plan shall be reviewed and approved by City staff prior to final plat approval. 8. The discrepancy between the cemetery land and the applicant's land shall be resolved and the preliminary plat shall be adjusted to show the change. 9 City Council Minutes "June 4, 1985 9. Rooftop mechanical equipment shall be concealed by a parapet wall or suitable screening. 10. A storm water detention pond shall be constructed on Lot 7 with a capacity of 1.4 acre feet. 11. A permit shall be obtained from MnDOT to perform grading within MnDOT subdivision. 12. The watermain shall be looped from Blackhawk Road to the Hillandale 2 subdivision. 13. The private road shall be 36 feet wide from Blackhawk Road to the hotel. 14 This development shall be responsible for upgrading the east side of • Blackhawk Road from Diffley Road to its north property line. 15. A ponding easement shall be required over Lot 7 to accomodate 1.4 acre feet of storage. 16. This development shall be responsible for any unlevied trunk area related assessments or any upgrading of trunk area related assessments as necessary:' _ �.-. --r i,... 0 17 Blackhawk Road upgrading from the end of this development to Deerwood Drive shall be approved prior to final plat approval. 18. The applicant shall work with Dakota County to insure that the primary access to the development is from County Road #30 in view of the residential nature of Blackhawk Road. All members voted yes. Egan moved, Wachter seconded the motion to approve the following conditional use permits: driveup bank ,and service station, under the following conditions: 1. The applicant shall provide a proof of parking plan for the service station showing how parking could be expanded, if needed. 2. The bank shall provide stacking space for 20 vehicles. 3. All City ordinances and requirements shall be adhered to. All members voted affirmatively. LEGEND ..............eceu EXHIBIT "A" .in .. —•1•s� rAe�>Crq r w i -. .r...re e..w. e anecr• OOOE e::::n .e.�.�:::: •�w.wu := = :�:: NGINEEAING _ •„••,• •• COMPFNY INC. n..0..�>•>O. r0 e.r I.Ae•>Cr �rV err w \M fAer>tro/�Y.O1 HAVEN ENTEAPPoSES. 1 M. I 1 Uw SITE PLAN BIACKHAWK PLAZA HAVEN ENTEAPPoSES. 1 M. DAKOTA COUNTY HIGHWAY DEPARTMENT DAKOTA COUNTY GOVERNMENT CENTER Mr. Kermit McRae, P.E. District Engineer Mn/DOT, District 9 3485 Hadley Avenue North North St. Paul, MN 55109 COUNTY ENGINEER TELEPHONE (6121 437 0398 1560HWY, 55- HASTINGS,MINNESOTA 55033 August 25, 1986 Re: Access to property on North side of CSAH 30 between Blackhawk Road and I -35E in Eagan /3LacV.1,1ur- P,42;¢ Dear Kermit: • On Friday, August 22, our staff met with Mr. Peter Stalland and Mr. Ralph Wagner regarding development of the referenced property. The purpose of the meeting was to secure access approval from CSAH 30 to this property. No committment was made at that meeting. We have had subsequent conversations with yourself, Karl Rasmussen and Tom Colbert regarding this property. This is the first contact we have had regarding this property in over a year. We have copies of correspondence from your office dated May 23, 1985 and from Mr. Rasmussen dated May 21, 1985 which discusses Mn/DOT's position regarding .a median cut and the possibility of a right turn access. We feel that the difficult roadway geometrics (proximity to I -35E free right turn onto CSAH 30) and profile make a heavily used. access hazardous. Our position is that a partial access (right in and right out) serving a. small fronting parcel only (no direct connection to a shopping center or hotel), is the only access to CSAH 30 which should be considered. A right turn lane is not recommended. We support your previous position that in no circumstance should a median opening be allowed. It appears that you may be the permit authority for this parcel as the right—of—way was acquired between I -35E and Blackhawk Road as part of the I -35E project. We will continue to keep you informed of any activity our office has regarding this property. Sincerely, Gary J. Erickson, P.E. Dakota County Highway Engineer GJE/PLS/mjh cc: Thomas Colbert Peter K. Stalland Bernie Larson AN EQUAL OPPORIUNITY EMPLOYER Agenda Information September 2, 1986, Page Thirty -Eight Memo City Council Meeting BRIAR HILL 4TH ADDITION/TRAIL/EASEMENTS C. Briar Hill 4th. Addition, Trail Completion/Easements--On March 19, the City and Tollefson Builders, Inc., entered into a "develop- ment and construction compliance stipulation agreement." On March 19, 1986, that stipulation agreement identified several unresolved issues and schedule of compliance as a part of Exhibit A to that agreement. Enclosed on pages, and are copies of issues #1, #2 and #3 pertaining to the completion of the trailway systems within the Briar Hill Additions. Tollefson Builders, Inc., has not been able to obtain the signatures of the fee owners on the conveyance of trailway easements by the June 1, 1986, deadline. Subsequently, Carl Tollefson submitted the letter enclosed on page _- & -5 - requesting consideration for deletin this trailway • require - m' en,t. Enclosed on pages/0,6 through is a copy of the memo that was presented to the Parks and Recreation Commission for their review and comments regarding this request. Enclosed on page /Ois a. copy of the minutes from that Park Commission meetiitf n indicating their recommendation to the Council to retain this trailway requirement and to further encourage/require Tollefson Builders, Inc., to complete it according to the original approved plans. Enclosed on page //d is a letter sent to Mr. Tollefson. informing him that this issue would be discussed by the Council on September 2. In trying to comply with the schedule identified in Exhibit A of the stipulation agreement, the City held the public hearing and approved the vacation of the incorrectly located trailway ease- ments. However, the staff has not proceeded with the filing of ithis vacation until they have been replaced in like kind. Discussion regarding this issue should result in specific direction to Tollefson Builders, Inc., and/or staff as to whatever action is necessary to acquire the appropriate easements to allow the comple- tion of this trailway system. ACTION TO BE CONSIDERED ON THIS ITEM: To reaffirm/modify the original trailway construction requirements of Tollefson Builders,. Inc. for the Briar Hill Additions. /6 Z •f EXHIBIT "A" Sheet 1 of 5 SUBDIVISION LOCATION 1. Briar Hill Lots 15, 29, 30, 31 & 32 4th Addn. of Block 1 2. Briar Hill Lots 15, 16, 27, 28, 29 ,4th Addn. & 30 of Block 1 ® 3. Briar Hill ce Lotsj1119 & 20, Block 1 1st Addn. 4. Briar Hill Several Undefined Additions Addresses 5. Briar Hill Tot Lot 4th Addn. 6. Briar Hill W. Embankment of 3rd Addn. Dolomite Dr. .7. Brittany 5th NA Addn. 8. Brittany.,5th Norwood Ct. 1st Addn. Addn... X03 �. Revised 3/13/86 UNRESOLVED DEVELOPMENT ISSUES Encroachment in Public Easement Incompleted Trailway System and/or Insufficient Easement Dedication Insufficient Trailway Easement Dedication Final Water Stop Box _ & Sewer Cleanout Location, Adjustment & Repair Installation of Sod Improper, Unacceptable Restoration - Topsoil & Vegetation Required Expiration of Finanoial Guarantee Prior to Com- pletion of Requirements Failure to Provide Ade- quate Erosion Control Resulting in Damage to 1613 Norwood Dr. (Michael Frank) < '�V "A EXHIBIT "A" Sheet 3 of 5 TOLLEFSON BUILDERS INC UNRESOLVED ISSUES SCEDULE OF COMPLIANCE As a result of a meeting held on Thursday, March 13, 1986, at Eagan City Hall, the following actions and schedules have been... . mutually agreed to by Tollefson Builders Inc. and City of Eagan staff in response to the rest of the unresolved development issues as revised March 13, 1986. 1, a. Tollefson Builders Inc. will submit a petition with all required attachments for the vacation of the affected easements. b. The City will schedule and hold a public hearing. • 2. a. Tollefson Builders Inc. (TBI)to provide legal descriptions. b. City to prepare legal documents for conveyance. c. TBI to acquire fee owners signatures. d. TBI to complete required trailway construction by June 1, 1986. 3, a. TBI to verify existence of adequate trailway easements. b. If necessary, TBI would provide the City with legal descriptions of necessary easements. C. If necessary, City will prepare appropriate conveyance documents. d. If necessary, TBI to obtain signatures of fee owners. 4.;' Representatives of the City Engineering and Maintenance Divisions and TBI shall perform a field inspection by May 15, 1986, of all existing sewer and . water services within the Briar Hill 1-4 Additions. If necessary, any and all corrections required will be performed by TBI by July 1, 1986. - 5. Same as number 4 above. 6. Same as number 4 above. Tollefson Builders, Inc. CUSTOM DESIGNED HOMES 12e17 Falrgreen Avenue Apple Valley, MN 55124 Phone (612) 431.1100 June 11, 1986 ` Tom Hedges City of Eagan 3830 Pilot Knob Road P.O. Box 21199 • Eagan, MN 55121 Re: Briarhill 4th Addition Trail Easements � Dear Mr. Hedges, As you know, there were incorrect legal descriptions for the trailway easements in Briarhill 4th Addition. Bill Dolan, our engineer, has prepared new legals and Paul Hauge has drafted the -new trail easements to be signed by the Briarhill homeowners involved. .There are a total of 6 individual easements -- 2 easements for 1 trailway which the homeowners have signed, returned and are enclosed for recording. The other trailway which requires 4 signatures has become a problem; 1 of 4 homeowners has signed the easement and the remaining 3 refuse to sign, reason being, the homeowners are concerned with the safety hazard of having a trailway run through their driveway. We recommend that the one trailway be sufficient for Briarhill 4th Addition, thereby we request to eliminate the second trailway. Also, of the 148 units in Briarhill, • approximately only 10% of the homeowners have children which would utilize the, trailway. If this action requires council approval, please place us on the agenda and advise us in writing if attendance is necessary. Thank -you for your help in this matter. Si cere1y, Carl R. Tollefson Tollefson Builders, Inc. Enclosures cc: Tom Colbert Paul Hauge 105 f MEMO TO: KEN VRAA, DIRECTOR OF PARKS 8 RECREATION FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JULY 22, 1986 SUBJECT: BRIAR HILL ADDITIONS — TRAILWAY CONTINUITY As a condition of the development of the Briar Hill 1st through -- 4th Additions, the developer was required to prepare an internal trailway circulation plan and construct the trailway in accordance with the various phases. The developer, Tollefson Builders, Inc., has been unable to complete the trailway system in accordance with the originally submitted plan due to inability to acquire the necessary easements. Attached to this memo is a letter from Mr. Tollefson requesting City considereration of deleting this completion requirement of the remaining trailway system. Also attached to this memo is a layout of the Briar Hill • Additions showing the location of the original trailway alignment, the existing construction and the remaining incompleted segments. Since this trailway installation was a requirement of the Park Commission's review of the Briar Hill preliminary plat, the requirement for its completion should be reviewed by the Park Commission with a recommendation -to be brought to the City Council. Please let me know if you feel notification of the affected property owners would be appropriate for providing input for the Park Commission's consideration when they review this matter. I will be happy to send out notices informing them of scheduled review and/or action. Z) Director of Public Works TAC/ jj /06 N . 1/4 SEC, 20, T279 R 23 a. -OTEYORSDN W. ' J.NUeRY, 1916 I. .. .. • 1sh,SILVER. BELL r 9 T T r� ROA D....,n 77 1... F r .. -: I� �(,.� •P �. Lam.: .. .:k '_•' ' ..,ie.\.. • 1 W 1 O [U Y�e to .! .�L1� ' .]• ��y; e, C lr t a JW �. " •,i � `� � I .a' ��-i t: ��i —W, • �' • ._ ;B � 1Q ��r• C• , �.CF � M ted, d'..� :1; '�.• •i �•.'. �. o ti' " .v MA ELLS ' a_ � : "(1�N , Q .• d' .k'"�' {I. 'e .�' `z £''.,.�``i� `,f V. .':'t µ �. d .'o� �`` .'r ,. i•. !� l p `a DGAON'I V4" + l. � i � � J • L•H��~ `- � 2 r -'� � ,• ', Q�✓1.10 ,`� r. ? � `:t :;n ;; ,. d - IN w;: a "yt1 `,a:.' !. ........ ,..r.. ^ . n <, �[ div r •a _�'�> `� v' ' 'tea='i 1 _ /•') N n •'.�a � T�„ �.i.6`. ^w `; -yi �.� •' C: ,e ,. yam( a ,r 1 .. q• _ �i•d 1, f. 's .: a�S, $�'i n], e f 5.,••s�_16 + ,^ •r+•.. �J`O-. .F '< o p 'j•'^1'.`• p`j 1�:q\ r, e'er p, . 1 � Q �Y..,.r,.. ..,. tII= � I ;,. f`• .. " ,+�j+{. ..� � Ham_ (' u �� ,a / q •e' � `p le •+m".• ti "� V"+ra�,�`� a "i. `" ,.,,'.. o CONDOMINIUM NO. 46 �s .t' �` 5" :� ( C Yl'••' y� a,� � •�� ;;�:;:,,�, F:.�.� :. ].... - COUNTRYSIDE d CONDOMINIUM •M 9 t .,. ..w Mme i C ��/ %', "•' •• - y • j.• �� - A C Hy of FCQW v \ , y ' wa .e r •P r• 021-00 C< a3tfr \ eae�• " ti.��. f a \ f,r.Y. _ .y �`'i .�� = j- i7• ♦♦ .!•" , � O � CNN •t � _ 6GOLD ' TRAIL - ,'� .J .� _ a„' :2 R,• •r tr-IDRIVI- EV� ODHAVEN` �' i X.`a app S. F _ I E ... c_ V 4. CR7/ of Eagnn r,(r• ' i`• r \` •.•„r .,..re• J ` iti ` C \ . t a t 060 44 � � 1 SOLD TRaIL'• � 07 1• a iY n b , O _ • , • , • :'j, Adv. Parks & Ree. Comm. August 7, 1986 2. Project 463 - Pilot Knob Road Trunk Storm Sewer - Director Vraa informed the Commission that the Council deferred this item to a September agenda to explore the -Commission's recommendation for overland water flow. He said, that residents of Berry Ridge Road were present at a neighborhood meeting, and suggested the water flow to the west, rather than to the east, to pick up the trunk line. A lift station would be necessary to make it workable. Mark Hanson of the Bonestroo Engineering firm will be at the September Parks & Recreation Commission meeting to discuss the various alternatives. Chairman Martin was concerned with water elevation and quality of ponds in all City parks, plus the fact that many trees -are now under water. He would like Mr. Hanson to address this concern at the September meeting. • NEW BUSINESS 1. Briar Bills Additions Trailway Connection Director Vraa explained that trail connectors to the park and tot lot was part of the original development conditions. However, the developer, Carl Tollefson, did not put in the trails, and has sold some of the lots where the trail was to be placed. The developer was to get easement from the land owners so a new trail alignment can be installed. However, he is now asking that the trail issue be abandoned. The Homeowners Asssociation is to maintain the trail. The Public Works Department has redrawn the trail location, to accommodate already sold lots, but part of the trail comes directly off private driveways. There was considerable discussion as to how the trails could still be put in, and the necessity to acquire easements by condemnation. Commissioner Thurston moved, Caponi seconded, the recommendation to require the trails be completed as proposed by the Public Works Department. In the event the developer proposes an alternative trail connection; it must receive Staff approval. All voted in favor. The Commissioners said, the Developer failed to perform as initially he agreed to do. The trail was to go to the tot lot, and it doesn't do that. Currently, people's yards are trespassed in order to get to the tot lot. 2. User Fees - Trapp Farm and Other Facilities Included in the packet was a staff proposal for a fee structure for park shelter buildings. Staff suggested the park facilities be ,grouped into four classifications for reservation programs: large pavillion (Trapp Farm Park); enclosed shelter buildings (Trapp Farm Park, Goat Hill & Rahn); Open shelters and athletic facility shelters (Northview and Rahn). Fees for the large pavillion would be $35.00 for one-half day (1/2) and $50.00 for a full-day. Fees for enclosed shelters would be $30.00, minimum five hours, with an additional $5.00/hour over five hours. A damage deposit of $100.00 would be required. /O of eagan 9830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 August 19, 1986 CARL TOLLEFSON TOLLEFSON BLDRS INC 12617 FAIRGREEN AVENUE APPLE VALLEY MN 55124 CERTIFIED MAIL Re: Briar Hill 4th Addition — Trail Completion/Easements Dear Mr. Tollefson: 'BEA BLOMQUIST Mara THOMAS EGAN .LAMES A SMITH MC ELLISON THEODORE WACHTER ro d Me m THOMAS HEDGES Qty A ftam EUGENE VAN OVERBEKE Qty Cl k - On June 11, you forwarded a letter to Tom Hedges, City Administrator, wherein you stated the problems associated with completing the trailway within the Briar Hill 4th Addition as required in part of the original Development Contract Agreement. Your problems relate to the inability to acquire the necessary easements. Please be informed that your request was processed through the Parks Committee at their meeting on August 7, 1986. After review and discussion by the Parks Committee, they will be recommending to the City Council that the trailway be constructed in accordance with a City approved plan, with your firm responsible for the acquisition of the easements through whatever means necessary. Please be informed that this Committee recommendation and your request will be presented to the Council at their regular meeting on September 2, 1986. If you wish to provide any additional information for the Council's consideration, please forward it to my attention no later than August 27, 1986. Based on the Park Committee's review and recommendation, it is anticipated that the Council will support that action and require you to fulfill your original development commitments. In anticipation of this action, it is recommended you take the appropriate planning measures necessary to fulfill this requirement within the expected completion deadline of October 1, 1986, due to construction season deadlines. Sincer,y, cc: Ken Vraa, Director of Parks & Recreation omas.A. Co ert, P.� Director of Public Works J TAC/J] / w THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY • Agenda Information Memo September 2, 1986, City Council Meeting Page Thirty -Nine CENTRE 70 AND 100 PYLON SIGN AGREEMENT D. Town Centre 70 and 100 Pylon Sign Agreement --At the July 1, 1986 City Council meeting action was taken to adopt a master plan for the placement of pylon signs in the Town Centre 70 and 100 additions. As a result of this action, the City Attorney was directed to prepare a pylon sign agreement and have the same executed between the City of Eagan and Federal Land Company. The agreement has been revised and the most up-to-date copy is enclosed for your review and final consideration. A copy of this agreement is enclosed on pages //7i through i � ACTION TO BE CONSIDERED ON THIS ITEN: To approve the pylon sign agreement with Town Centre and Eagan. CITY OF EAGAN TOWN CENTRE-EAGAN PYLON SIGN AGREEMENT This Agreement, made and entered into this day of 1986 by and between the City of Eagan, a municipality of the State of Minnesota, hereinafter called "City" and the Owners identified herein as Federal Land Company, Eagan Tower Office Building Partnership, and Eagan Heights Commercial Park, whose addresses are, 3460 Washington Drive, Eagan, Minnesota 55122. • WHEREAS, the Owner or Owners have applied to the City for approval of various pylon and/or business signs pursuant to City Code Section 4.20; and WHEREAS, such signs are needed for businesses located within retail and office buildings located in Town Centre -Eagan, which real property is legally described on Exhibit "B" attached hereto; and WHEREAS, in certain situations variances may be necessary due to the lot configurations of certain proposed commercial developments; and WHEREAS, the City desires to prevent the overabundance of commercial pylon • signs affecting the visibility and aesthetics of the area; and WHEREAS, the City has requested an overall plan indicating the location of all pylon signs within Town Centre -Eagan in order to more appropriately address requests for individual pylon signs and avoid a multiplicity of hearings. 117,,- 1 w 1 NOW THEREFORE, the City and Owner or Owners agree as follows: 1. All pylon signs on business premises shall be located as indicated on Exhibit "A" attached hereto with variances to the requirements of Eagan City Code Section 4.20 only in accord with said exhibit, an original of which is on file with the City. 2. The normal public hearing process for a conditional use permit (Code Section 11.40, Subd. 4.B.) for a pylon sign (Code Section 4.20, Subd. 1.C.6.) shall not be required for any sign which has a location specifically designated on Exhibit "A" unless there is a change in the location of that • pylon sign from the location designated in Exhibit "A", and complies with all other ordinance requirements. 3. All signs shall be erected in compliance with all applicable City Code provisions, except that the locations including a maximum of 28 pylon signs shown on Exhibit "A" shall be allowed. 4. The Owners shall provide written notice to buyers and tenants of the contents of this Agreement to avoid any requests for pylon signs that do not comply with this Agreement. This paragraph will not preclude an owner from petitioning the City for a variance from this Agreement. 5. The terms of this Agreement shall be legally enforceable by either party in a court of competent jurisdiction and each of the parties retains the right to assert any legal, equitable, or administrative right of action or defense which may be available by law in order to implement or enforce the terms of this Agreement. //3 2 6. If any portion, section, sub -section, sentence, clause, paragraph or phrase of this Sign Agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Agreement. 7. This Agreement may be recorded with the Dakota County Recorder and the Owner (Owners) shall provide and execute any and all documents necessary to implement the recording of this Agreement. B. The parties mutually recognize and agree that all terms and conditions • of this recordable agreement shall run with the land herein described and shall be binding upon the heirs, successors, administrators and assigns of the Owners referenced in this Agreement. 9. The undersigned owners include all the persons, firms or corporations that hold an interest in Town Centre -Eagan (excluding tenants) and the undersigned officials are authorized to sign this Agreement and to bind the respective parties. 10. The City, by this Agreement, has granted the Owners certain variances • with respect to the location of pylon signs within Town Centre -Eagan in exchange for a limitation on the number of pylon signs which can be erected in Town Centre -Eagan. Therefore, should the provision in the Eagan City Code Section 4.20 which states that "no pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street" be repealed, be declared invalid, or otherwise have no further force or effect, then the P Owners may petition the City according to its procedures then in effect for a variance from the terms of this agreement. ALTERNATE 10. The City, by this agreement, has granted the Owners certain variances with respect to a Location of pylon signs within Town Centre -Eagan in exchange for a limitation on the number of pylon signs which can be erected in Town Centre -Eagan. Therefore, should the provision in the Eagan City Code Section 4.20 which states that "no pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street" be repealed, be declared invalid, or otherwise changed so as to allow a lesser distance between pylon signs, then this Agreement shall be renegotiated to conform with such repeal, declaration of invalidity, or change. 11. Sign designated No. 20 on attached Exhibit "A" intended to serve a future motel at the Southeast corner of Yankee Doodle Road and Town Centre Drive shall be moved easterly to comply with the required 300 foot spacing and a ground identification or directional sign shall be permitted at the southeast intersection described ab'ove. • J1�5 4 HAUGE, EIDE & KELLER. P. A. ATTORNEYS AT LAW WATER VIEW OFFICE TOWER. SUITE SOS 1200 YANKEE DOODLE ROAD EAGAN. MINNESOTA ]612] PAUL H. HAUGE KEVIN W. EIDE DAVID D. KELLER LORI M.'BELLIN MICHAEL J. MAYER Mr. Thomas L. Hedges City Administrator 3830 Pilot Knob Road Eagan, Minnesota 55123 July 7, 1986 Re: Town Centre 70 6 100 Pylon Sign Agreement AREA CODE 612 TELERMORE 466.9000 6.66..91224 ® Dear Tom: As a result of the City Council meeting of July 1 and a meeting that I had with Charlie Bartholdi regarding the Town Centre Pylon Sign Agreement, I am enclosing a revised draft with a number of changes primarily incorporating the City Council's direction. Some of the points to be noted are as follows: 1. Paragraph 2. has been changed to exclude the public hearing process unless there is a change in the location of the pylon sign from the location designated in the Exhibit. 2. Paragraph 4. has also been revised to provide that the owners will give notice to buyers and tenants of the Agreement, but gives such buyers and tenants the right to petition the City for a variance. 3. Paragraph 10. is perhaps the most difficult paragraph to deal with and I have included alternates because of the request of Mr. Bartholdi. I have included at the end that the owners may petition the City according to its ® procedures for a variance from the terms of the Agreement, whereas Mr. Bartholdi has asked that the owners be•allowed to renegotiate the entire Agreement in the event that the 300 foot spacing has been changed. This issue should be settled before the final draft and signatures. 4. I have also added Paragraph 11. indicating that sign No. 20, which is a motel sign, should be moved to comply with the 300 foot spacing, but an identification or directional sign would be allowed at the corner. . Very truly yours, HAUGE, EIDE 6 KELLER, P.A. PHH:cjb enclosure cc: Dale Runkle Charlie Bartholdi 116 Paul H. Hauge ., •�C .ice Federal A, , Cant! Company Yankee Square Office Ill • 3460 Washington Drive • Suite 202 • Eagan, Minnesota 55122 • Tel_ of 2-452-3303 July 22, 1986 Mr. Paul H. Hauge, Eide 1200 Yankee Suite #303 Eagan, Mn. Hauge and Keller, P.A. Doodle Road 55123 RE: Town Centre -Eagan Pylon Sign Agreement Dear Paul, During the past several months Dave Keller, yourself and I have diligently worked toward a Pylon Sign Agreemenmt for Town Centre -Eagan Development. Earlier this month you sent to Tom Hedges a draft of the Sign Agreement accompanied by a cover letter'setting forth changes incorporating the City Council's direction pertaining to the Agreement. The draft contained an alternative Provision 10. I have heard nothing further on this matter since your letter of July 7th. I believe that it is in everyone's best interest to finalize and sign the Sign Agreement as soon as possible. Therefore, I have drafted the following Provision 10 in an effort to procure agreement between the parties regarding the Sign Agreement: 40 "10. The City, by this agreement, has granted the Owners certain variances with respect to a location of pylon signs within Town Centre -Eagan in exchange for a limitation on the number of pylon signs which can be erected in,Town Centre -Eagan. Therefore, should the provision in the Eagan City Code Section 4.20 which states that "no pylon sign may be located within 300 feet of any other pylon • sign, measured on the same side of the street" be repealed, be declared invalid, or otherwise changed so as to allow a lesser distance between pylon signs, then this Agreement shall,.bupon ✓ the petition of any of the Owners, revised with respect to the distance allowed between pylon signs to conform with such repeal, declaration of invalidity, or change. For example, if the minimum distance between signs is reduced to 200 feet, then the location of any sign designated on Exhibit "A" could be located 200 feet rather than 300 feet from another pylon sign. Any change in the location of a pylon sign pursuant to this paragraph shall require the normal hearing process for a conditional use permit required for a pylon sign. The revision referred to herein shall apply only to the allowable distance between pylon signs and shall not increase the total number of pylon signs allowed under this agreement." 117 federal land Company Mr. Paul H. Hauge July 22, 1986 Page 2 The foregoing provision addresses my concern that the Owners are not put in an disadvantageous position by the reduction in the minimum distance between signs while satisfying your concern that a renegotiation of the agreement would allow more than the 28 sign limitation.. I am hopeful that this will facilitate the finalization and execution of the Sign Agreement. Once you have had an opportunity to review my you to call me so that we can schedule either negotiation conference. Your cooperation in appreciated. Sincerely yours, Charles R. Bartholdi Legal Department, Attorney ; CRB/ap • proposal, I would like a signing or another this regard is Agenda Information Memo September 2, 1986, City Council Meeting Page Forty PROJECT 484/BUR OAK HILLS ADDITION/ORDER FEASIBILITY REPORT E. Project 484, Bur Oak Hills Addition, Receive Petition/Order Feasibility Report --Enclosed on page/7,0 is a letter from Keith Ha•rstad requesting Council consideration of installing the required streets and utilities for the Bur Oak Hills Addition under a City contract in lieu of their installation through the private development process as originally anticipated. You will note that all detailed plans and specifications have already been prepared by Mr. Harstad"s private consulting engineering firm. However, before the City can proceed with installing these improve- ments under a City contract, the feasibility report and public hearing process must be completed before award of contract. • ACTION TO BE CONSIDERED ON THIS ITEM: Recieve petition and order a feasibility report for Project 484 ('Bur Oak Hills Addition). /1 Harstad Companies August 22, 1986 Mayor and City Council Members City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Bur Oak Hills Street & Utility Improvements Dear Mayor and.City Council Members: As you are aware, the City of Eagan has previously approved the preliminary plat for the Bur Oak Hills project. Harstad Companies has subsequently prepared and submitted to the City for approval the final plat application along with complete plans and specifications for the project improvements prepared by Merila & Associates, Inc. At that time the plans and specifications were prepared, it was the intent of Harstad Companies to construct all improvements by the private development process. However, due to recent unforeseen events and a more detailed analysis of Harstad Companies total development program for 1986-1987, it is necessary to request the. City of Eagan to construct the improvements through the public improvement process. We have been in contact with Bonestroo Engineering and they suggest the following procedures. Harstad Companies, therefore, is requesting the City of Eagan to take the following actions: I. Establish public improvement projects for the construction of the sanitary sewer, watermain, storm sewer, and -street construction for the Bur.Oak Hills development in accordance to the plans and specifications prepared by Merila & Associates, Inc. 2. Waive a public hearing for.the construction of said projects; 3. Approve the plans and specifications for the said projects prepared by Merila & Associates, Inc. 4. Direct advertisement of bids for said projects as soon as possible so that construction can proceed during the Fall of 1986. We would like to take this opportunity to express our appreciation to the City of Eagan for their cooperation in implementing the project to this stage. We apologize for the lateness of this request, but this action is necessary because of some unforeseen events that have taken place since the initial decision to construct the project by the private development process. We would appreciate the City Council's early consideration of the above request so that the development of the Bur Oak Hills development can proceed in an orderly fashion for an overall benefit to the City as well as the developer. If you have any further questions relative to the above, please call Mr. Ken Briggs at 636-3751. �Res ectful y submitted T Keith T. Harstad, President Harstazt;; anies MEMO TO: HONORABLE MAYOR AND CITY FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 29, 1986 SUBJECT: INFORMATIVE MnDOT CORRESPONDENCE Enclosed on page /7-5 is a letter from MnDOT regarding future traffic signals at the intersection of I-494 and Pilot Knob Road. PRELIMINARY PLAT/WILSON ADDITION Enclosed on page is a letter from Brad Swensen requesting a • continuance for the Preliminary Plat Approval of Wilson Addition. This request does not require action by the City Council, however as a notification that the Wilson Addition will appear on either the September 16 or October 7 City Council agendas. HRA STATUS REPORT Enclosed without page number is a copy of Dakota County HRA's status report for their first ten (10) years of existence as a Housing and Redevelopment Authority. AND FAIR LABOR STANDARDS ACT REGARDING Enclosed on pages,qL through 17 is a copy of a memo from the League of Minnesot8 Cities that explains the impact of recent '"•medicare and fair labor standards legislation for the payment of ; election judges and new mayors and city council members. ECONOMICDEVELOPMENT COMMISSION Enclosed on page _ZZg._ is a copy of a letter from Bob Shields informing the City f his resignation as a member of the EDC. Bob has sold his residency in Eagan and will be moving to West St. Paul for both his employment and residency. Mr. Tom Ellingson who is a resident of Eagan and an employee at the Coldwell Banker office at Pilot Knob Road and Diffley, has expressed interest in serving on the Economic Development Commission as Bob's replacement. A letter will be forthcoming from Mr. Ellingson for future City Council consideration. LONE OAK CLOCKS Enclosed on page /30_ is a copy of correspondence from Holly Duffy to Mr. Rod Smith regarding the status of completing the . additional Lone Oak clocks. During the summer of 1983 the City went through a request for proposal process to consider a change in the City's auditing firm. The firm of Deloitte Haskins & Sells was ultimately selected and performed the audit for fiscal years 1983, 1984, and 1985. Auditing costs for these three years were $19,500, $20,500 and $22,500 respectively. The contractual agreement was to pro- vide auditing services for a minimum of three (3) year period with subsequent year's agreements based on successful completion of each year's audit. The Director of Finance and City Administrator would like to recommend the continued use of Deloitte Haskins & Sells for conducting the 1986 audit. The City staff will proceed with this arrangement unless otherwise instructed by the City Council. ANDERSON LETTER REGARDING GARAGE BUILDING PERMIT AT 1472 • EVIEW AVENUE Enclosed is a copy of a letter that was sent to Mr. Dale Peterson from Duane Anderson. This letter enclosed on pages /3/ through 132' includes a copy to Mayor Blomquist and the City Council. LEAGUE OF MINNESOTA CITIES REGIONAL MEETING The League of Minnesota's Regional Meeting is scheduled for Wednesday, September 17 in the City of Medina. Enclosed on pages 133 through /VY is a copy of the agenda and information to be discussed at this Regional Meeting. The City of Eagan will have a staff person represent at the meeting. If any member of the City Council would like to attend, please notify this office. TELEVISING CITY CO_UNCI_L MEETINGS All the equipment for telecasting City Council meetings should be installed in early September. It is possible that the September 16 City Council meeting could be the first City Council meeting televised. Bob Cooper is recommending that the City Council use lapel mikes as opposed to the table mikes to improve the quality of audio for the telecasting of meetings. We should discuss this item if time permits on Tuesday evening. As a matter of record, all equipment for the telecasting of Council meetings including the monitor that will be used for community events and other public access programming in the lobby are being funded by the Cable Commission. The only expenses to the City of Eagan are installation of equipment which has involved some electrician's fees. The Eagan Report that is currently being aired has Gene VanOverbeke as the guest and discusses the budget process. The next filming of the Eagan Report will be early in September on Wednesday, September 3 and will be a special one hour taping with the City Administrator, Pam Wold and Lloyd Krob interviewing the three (3) school superintendents. 1--2-7-- STATUS OF ANIMAL POUND Recently the City Administrator informed the City Council that a petition was received from residents in the Lexington Settlement Addition complaining about dogs barking at the Abel residence. The residents are asking fo'r•a public hearing before the City Council asking that the kennel license be revoked and that the animal pound be relocated to another area of the City. A kennel license is up for renewal January 1, 1987 and since licenses are usually considered prior to the renewal date, the City Administrator has informed the residents that a public hearing will be considered at the October 21 City Council meeting. The Abels are currently considering the sale of their property and have expressed interest in canceling their contract with the City of Eagan to house animals as the City's animal pound. As a result the City Administrator and Chief of Police have been ®reviewing other locations whereby an animal pound may be acceptable to the City. For a copy of a memo prepared by the Administrative Captain refer to pages—'/ The City Administrator will provide an update on this item at the meeting on Tuesday. Also the City received several letters from residents regarding the need to locate an animal shelter for use by the Minnesota Valley Humane Society. Enclosed on pages � through 1�- are several letters that were received during early August from residents expressing their concern over the lack of an animal shelter in Dakota County. JOHN WILKINS LETTER TO CARL TOLLEFSON Enclosed on pages 15V through Lt is a.letter sent by John Wilkins to Carl Tollefson regarding repairs that have not been Wade to his residence. Mr. Wilkins has copied Mayor Blomquist and the Eagan City Council. PUNITIVE DAMAGES/MUNICIPAL OFFICERS OR EMPLOYEES Enclosed on pages 1561 through s is a copy of a letter from Kevin Eide r.egarding various actions that can be taken by the City Council concerning punitive damages against municipal officers or employees. The City Administrator would like some dir-ection regarding this memo. POOLED BOND FINANCING Enclosed without page number is a copy of an article regarding pooled bond financing as prepared by Ehlers and Associates. Ci3 SOUTH AREA TOWN MEETING This year the South Area Town Meeting will be held at the West St. Paul Armory on Robert Street. Hors d'oeuvre and liquid refresh- ments will be served. The candidates will each have a table at a specific location in the armory. They will be available to answer any questions you may have. At the present time they are expecting candidates for all the Dakota County offices, i.e., County Attorney, County Commissioners, and Sheriff, two gubernatorial candidates, four U. S. Representative candidates, as well as candidates for the State House of Representatives and the ,State Senate. The hours for the town meeting are 4:00 p.m. to 8:00 p.m. on Thursday, September 4. Reservations for this meeting have been taken care of. /s/ Thomas L. Hedges City Administrator u • O NESO'4 IS Minnesota 1 a Department of Transportation o� District 9 'oF rRa`'ye 3485 Hadley Avenue North, Box 9050 North St. Paul, Minnesota 55109 Telephone August 21, 1986 'Mr. Thomas A. Colbert Director of Public Works City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, Minnesota 55121 ® Dear Mr. Colbert: SUBJECT: S.P. 1986 (I-494) at CSAH 31'(Pilot Knob Rd.) Future Traffic Signals 779-1178 This is in response to your July 9, 1986 letter requesting information about when traffic signals, will be installed at the I-494/CSAR 31 ramp terminals. -Based upon traffic data collected last Spring and the rapid growth that is occurring in the area, we agree that traffic signals should be installed at these two intersections. We presently anticipate letting a contract for the signal installation on April 24, 1987. The turn -on date would then likely be in Fall 1987. As with other signals on the Interstate System, we anticipate construction costs will be 907 Federal - 10% State. Dakota County, Eagan, and Mendota -Hefghts will share minor maintenance, relamping, and power costs (according to Dakota County policy). Mn/DOT will be responsible for other maintenance of the signal systems. Thank you for your recommendations regarding the need for signals at this interchange. Sincerely, k[� ermit K. McRae, P.E. / a'✓ District Engineer /a5 An Equal Opportunity Employer �! 5•r TRI -LAND SURVEYING, INC. � 4655 Nicols Road Eagan, Minnesota 55122 .9� (612) 452-5950 August 25, 1986 Mr. Thomas L. Hedges City Administrator 3830 Pilot Knob Road Eagan, MN 55122 Re: Preliminary Plat Approval -- Wilson Addition Dear Tom: • The easterly boundary dispute addressed at the last City Council meeting has not been resolved. In consideration of the nature of this problem, it is my request that the City continue the preliminary plat approval until until I have notified you that the problems have been resolved. I anticipate resolving this matter within the next month. Your anticipated cooperation concerning the above matter is cer- tainly appreciated. Very truly yours, Bradley J. a on sks cc: Julie Dykstra Mary Ann Wilson A IIID LWB league of minnesota cities August 20, 1986 To: Mayors, Managers and Clerks -From: Ann Higgins, Federal Liaison Ann Houle, Research Assistant E • Re: Application of Medicare and the Fair Labor Standards Act to Election Judges and New Mayors and Council Members Election Judges Election judges who are paid $100 per year or less for election work will not be subject to Medicare coverage. Because of an oversight in the law mandating Medicare coverage for newly hired employees, there has been confusion regarding the application of Medicare to election judges. A provision exempting election workers from Medicare coverage was intended to be included in the new law, but it it was inadvertently left out. However, a provision exempting election workers who earn less than $100 per year is included in the budget reconciliation bill which is now being discussed in Congress. The exemption provision will be retroactive to April 1, 1986. The budget reconciliation bill and the exemption provision contained in it is not expected to receive final passage until the end of September. Nevertheless, cities may treat election workers earning less than $100 per year as exempt from Medicare coverage when payment is made for the upcoming primary and general elections. This is possible because the Internal Revenue Service has waived penalties for failing to make Medicare payments until February 2, 1987. By that time, the budget reconciliation bill will have passed and the exemption will be in effect. Those election judges who will earn more than $100 this year for their election work are covered by Medicare. In these cases, a deduction of 1.45 percent from the amount the judges are paid must be made for Medicare, and a matching 1.45 percent contribution must be made by the city. These Medicare contributions should be paid to either the state Social. Security Office, or to the Internal Revenue Service on the quarterly 941E withholding report form, along with Medicare payments now being made for other city employees. 17-7 1 83 university avenue east, st.paul, minnesota 551 01 (S12)227-5600 - 2 - Election judges are subject to the federal Fair Labor Standards Act (FLSA). They must be paid the minimum wage of $3.35 per hour for all hours worked, including training sessions. If regular city employees are also election judges, generally the extra hours worked during an election or for training will not be added to their regular hours for the purpose of calculating overtime. However, if the city employee's regular duties include involvement with elections, the hours spent as an election judge will be counted in calculating overtime, unless the employee is an executive, administrative or professional employee as defined by the DOL and therefore exempt from FLSA overtime requirements. If the employee is non-exempt under the DOL regulations, overtime may apply to employees holding administrative positions such as city clerk, deputy city clerk, or assistant to the manager. For example, if the deputy city clerk works on election preparation as a part of his or her regular duties, and also serves an election judge, the hours worked as deputy clerk and as election judge will have to be added together. If the hours total more than 40 in one week, overtime pay or compensatory time off at the rate of one and one-half hours for each hour worked over 40 will have to be given. New Mayors and Council Members All mayors and council members who are appointed or elected for the first time after March 31, 1986, are subject to Medicare coverage. These council members must have 1.45 percent of their salaries deducted for Medicare, and the city must make a matching payment of 1.45 percent. Medicare applies only to new mayors and council members. Incumbents who are re-elected do not have to contribute to Medicare. If you have any questions concerning the application of Medicare and the Fair Labor Standards Act to election judges and new mayors and council members, please contact Ann Houle at the League office. /7- A MEMBER OF TIE MARS FIN AL 41i 0111< COLOWELL BANNER RESIDENTIAL REAL ESTATE SERVICES WEST ST PAUL 1633 SOUTH ROBERT ST. WEST ST. PAUL. MN 55118 (612) 455 W44 August 20, 1986 Tom Hedges, City Administrator City of Eagan • 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom, Effective October 31, 1986, I will no longer be a resident of Eagan. Consequently, the city will have a need to replace me on the Economic Development Commission. The city may accept my resignation at anytime convenient to them. I can continue to uphold my duties on the commission until a replacement is found, and will attend all meetings of which I am notified. My association with the E.D.C. has been an educational experience, and I enjoyed my participation. S cc: Bea Blomquist, Mayor ,zy Respectfully, Bob Shields ®F 3830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN, MINNESOTA 55121 PHONE: (612) 454-8100 August 26, 1986 MR ROD SMITH ROSEMOUNT HIGH SCHOOL 3135 143 ST W ROSEMOUNT MN 55068 Dear Mr. Smith: BEA BLOMQUIST MQ r THOMAS,EGAN JAMES A.SMITH VC ELLISON THEODORE WACHTER Council Members THOMAS HEDGES GN Anminlslialor EUGENE VAN OVERBEKE Clry cla As part of the 1985 125th birthday celebration for the City of Eagan, you and students at Rosemount High School volunteered to make Lone Oak Clocks for sale in order to partially finance celebration events. At that time, you stated that youwouldmake 15 clocks for sale as of July 4, 1985 and then would make another 10 clocks for sale during the fall of 1985. As a result, 15 names were drawn from those who submitted requests to purchase clocks and the 15 clocks that had been made were sold to those people. An additional 10 names were drawn for future purchases of clocks. These 10 people were notified that they would be able to purchase a clock during the fall of 1985. To date, we have not received delivery of the additional 10 clocks. We have received many telephone calls from the people whose names were drawn. At this time, I am inquiring whether or not the additional 10 clocks will be delivered to the Eagan Municipal Center for sale purposes. If not, would you notify me, please, so that I in turn may notify the people who had expected to purchase the clocks. We appreciate, the time and work that you and your students have already volunteered for the City of Eagan. Thank you very much. I look forward to hearing from you in the near future. Sincerely, -� 010 V -buCci Holly N. Duffy Administrative Assistant cc: Honorable Mayor City Councilmembers City Administrator Hedges HND/cks /20 THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Mr. Dale Peterson Chief Building Official City of Eagan, P.O.Box 21199 3830 Pilot Knob Road Eagan, Mn., 55121 Dear Mr. Peterson: 1472 Bridgeview Avenue Eagan, Mn., 55121 August 22, 1986 Garage Building Permit #12349 1472 Bridgeview Avenue Lot 3, Block 5 Valley View.Plateau We express our appreciation for your letter dated August 18, 1986, regarding the construction of the accessory building described above. We will also appreciate having the following information Included in our file, as clarification of a reference to a denial of a first appllcatlon for a building permit. This contact made with your Department was our request for information only, and consisted of conversation only, with your Mr. Steve Hanson, •wlo in turn consultod wlLH your Department concerning our pruLlminary sketches. He stated that the unusual grade situation existing had noL been encountered before by him here in Eagan. Based on the information we then received, we changed these preliminary sketches to comply with the height ordinance for that area, and also with a 12' sideline setback, and with added landscaping in consideration of our neighbors. These revisions are described in Para;.,raph 5 of the attached copy of our August 12th letter written to our neighbors. The blueprints, resulting from that preliminary contact with your Department, were then submitted, and became our first and only application for a building permit, which was Issued on July 25th, and Is dated July 28. On August 12th, we filed a revised set of blueprints with Mr. Hanson, showing final considerations as described in the attached letter, Para -7. These revised site plans are the ones accurately described In your August 18th letter, for which we again express our sincere appreciation. • We welcome any further communication with you, Mr. Peterson, with your Mr. Hanson, and with the City of Eagan. Please have this current letter included In our file, and we request that the enclosed three (3) copies reach those concerned: Mayor Blomquist, the City Councllmembers, and City Administrator Tom Hedges. CC': Philip Elgenmann CC: Loren Berkness Attach: Copy August 12 letter Enc: (3) Copies: Mayor BeaBLomquist City Councllmembers Tom Hedges,City Administrator /S/ Tnking you, The Duane Andersons On August 18th, excavation limitations due to the unusual grade, eliminated the lowest sub -level, reducing total floor space to 1200 sq.ft, on each of the remaining two (2) floors, with the current lower level floor-tb-ceiling height now at approximately 10 feet. Dear Neighbore 14'(2 Bridgeview Eagan, Mn., 55121 August 12, 1986 Please know how much we appreciate your valued presence at the meeting at the Harkness home on Wednesday evening, August 6th. A special thank you to Loren and Terri for their kindness in sharing with us. The final blueprints are now on file with the City of Fagan, and we extend a welcome for you to come to our home if you feel there In a need for further understanding. It was within a few yenre after building our home in the early 1960'x, that we became aware of the fact that this auxiliary garage should have been built at that same time. In more recent years, the need became even more evident, and earlier this .year, that decision was made. On Sunday, May 11th, our call to Loren and Terri found them engaged with other plans and unable to come for dinner or for coffee. Subsequent attempts on our part also were unsuccessful, understandably so, with extreme pressures on Loren from intense school and farming schedules. On Sunday, June lat, when Loren could respond to our invitation, and with Jody also present at our dining room table, we discussed our basic plans and shared our preliminary sketches, showing the 30' x 40' dimensions and an 8' sideline setback. With these sketches, we approached the City of Eagan for information, and found no obstacles. They did, however, suggest a note from our neighbor stating his awareness and approval of our intentions. This need was due to the extreme drop in grade at the South West corner of the lot. When it was apparent that Loren was unhappy and displeased, we filed our blueprints with the City of Eagan with a 12' sideline setback; with a reduced distance from our house from 40' to 35'i and with an attached sketch showing added fill to bring that area up to code, also adding terracing and evergreens. On Friday, July 25th, our Building Permit was Issued. On Saturday, August 2nd, Loren expressed profound anger concerning this project. Thus, we made our final plans, with the building moved towards the center of our lot, and turned at approximately a 510 angle to our house. On Tuesday, August 5th, late at night, Mr. Greeno arrived here. On Wednesday, August 6th; the following morning, he immediately set the stakes in this position as described. This day of August 6th, 1986, wad now the first date we could know a certainty concerning the actual building process, that factor having depended upon Mr. Green 'a arrival here. This date of August 6th, 1986, consequently also produced our first available visual siting. This date of August 6th, 1986, was now the first date we could have proceeded with our next plan, to personally invite to our home, each of our other neighbors, one only at a time, to share the plans, to view the site, to have coffee and talk together. However, during that morning of August 6th, Loren came to invite us to hie home for a meeting with the neighbors on that evening, for which we again thank him and Terri, and you, each one who attended. We express special appreciation to Phil for responding to our general invitation at the conclusion of the meeting to come to the site. That invitation stands open, as our appreciation for each of you, our neighbors, also remains unchanged. x Sincerely, Ul U league of minnesota cities Regional Meeting Agenda Afternoon Session 2:30 — 4:30 pm 1. Status Report of LMC Legislative Committees 2. Update on Insurance Issues a. League of Minnesota Cities Insurance Trust b. Tort Liability Changes 3. Question/Answer Session Table Talk Session 5:00 — 6:30 pm City officials will be able to visit with representatives from the Department of Transportation, Department of Energy and Economic Development, Department of Natural Resources, Department of Health and the Pollution Control Agency. Evening Program 6:30 — 9:30 pm 1. Dinner 2. Welcome by Host City 3. LMC President's Comments 4. City Policy Issues 5. Question/Answer Period 6. Brief Comments by Legislative Candidates 133 1 B3 university avenue east, st. paul, minnesota 551 01 (612)227-5600 U league of minnesota cities August 13, 1986 T0: Mayors, Managers, and Clerks FROM: Jim Miller, President, League of Minnesota Cities RE: Regional Meetings The League Board of Directors considers regional meetings to be a major priority for the League. It. is a primary way in which the League Board and staff maintain • contact with members around the state, learn of issues and problems which cities face, and develop information which can become part of League services or legislative policies. This year's meetings are especially important because we are assessing the value of the current format of regional meetings and attempting to get directions from city officials about modifications in the program. We hope that you will attend the meetings and give us your advice about how they can be improved and made more effective for you. Enclosed is an agenda and a list of meeting dates and locations for your information. The 1986 regional meetings will provide an opportunity for city officials to. review the progress of League policy development. We will be asking your opinion of the progress of the League's policy committees and your suggestion for future areas of study. As we all know, this is an election year. The regional meetings will provide an • opportunity for candidates for the Legislature to meet with city officials whom they hope to represent. It is an excellent time to discuss particular problems which your city has and solutions which you would like to see developed at the Legislature. We have also arranged for table talk sessions with representatives of several state agencies which will be held from 5:00 until 6:30. You can seek individual answers to problems of your city with representatives of the Departments of Transportation, Energy and Economic Development, the Pollution Control Agency, and the Department of Natural Resources. (Please see memo from Tom Thelen.) League staff have prepared brief issue papers concerning the work of the policy committees thus far, a copy of each of those issue papers is enclosed for your information. Additional copies will be available at the regional meetings. You may wish to look these over in order to raise questions about the policies which are under consideration by the League committees,. We look forward to seeing you at the regional meetings. JM:DS:rmm 13.e 1 83 university avenue east, st. paul, minnesota 551 01 (61 2) 227-5600 league of minnesota pities DEVELOPMENT STRATEGIES ISSUE PAPER The Development Strategies Committee has identified several areas of study for revision in the League policy governing this field. I. TAX INCREMENT FINANCE • During the last session of the Legislature, the House of Representatives passed a bill which developed new requirements for tax increment finance. The bill did not become law. These requirements, however, included the establishment of a limit for tax increment finance activity by cities, a substantial change in the pre -79 project law, and a number of other changes. The committee will review this area with Representative Schreiber who drafted the bill. They will develop a proposed policy on tax increment finance with last year's legislation as well as new federal restrictions in mind. II. PORT AUTHORITY LEGISLATION The Legislature enacted an economic development authority law which substantially fulfilled the League policy which suggested that all cities should have the ability to establish port authorities in order to do economic development programs. However, the bill which was signed into law by the Governor contains • some significant limitations as compared with the pre-existing port authority statutes which were enacted for individual cities. The committee will consider whether the League should seek additional legislation in this field or be content with the products of the Legislature during the last session. III. DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT PROGRAMS The committee is reviewing the operation of the various programs of technical and financial assistance of the Department of Energy and Economic Development. The committee will consider the adequacy of these programs and develop policy to affirm or ask modification of the DEED programs in this field. IV. HOUSING The currently pending Federal Tax Reform Act renders the current League policy in the housing field in need of substantial revision. The Development Strategies Committee is awaiting the completion of the Federal Tax Reform Act so that the League may work on a policy position which would conform to the restrictions contained in the new federal law. %:JJ 1'83 university avenue east, st. paul, minnesota 551 01 (612)227-5600 1111 IIII MIN U league of minnesota cities Government Structure and General Legislation Committee Issue Paper Committee to focus efforts on tort reform In 1985, the Legislature responded to recent increases in the cost of insuring cities and other local units of government from public liability exposure. The legislation can perhaps be best described as a modest effort to reduce municipal liability exposure in state court actions. Experiences since the enactment of the legislation has demonstrated a continued need for legislative limitations on liability. Further, recent Minnesota court decisions have raised the question regarding the utility of the 1985 legislative enactments. The Government Structure and General Legislation Committee (GSGL) is expected to review and act on both general and specific policy options for further limiting the exposure of municipalities. These policy options include: 1. Adopting additional legislative language supporting the continued existence of the municipal tort liability act. Limiting cities liability exposure for specific types of torts, as well as for overall damage amounts. This action is felt by many to be necessary to prevent a court of law from ruling that the Tort Liability Act is unconstitutional as a violation of the Equal Protection Clause of the Constitution. 2. Addressing the recent Minnesota Appeal's Court decision that held the participation of cities in self—insurance pools, such as the League of • Minnesota Cities Insurance Trust, constitutes a waiver of statutorily provided for defenses to liability. 3. Clarifying the exposure of cities and their taxypayers to punitive damages claims brought against their officers and/or employees. 1985 legislation prohibits cities from indemnifying officers charged by the court with punitive damages for willful or malicious actions. Proposals by interested parties include requiring indemnification for any punitive damage, abolishing punitive damages for government employees, granting governmental bodies the discretion to idemnify employees for punitive damages, or limiting the amount that can be assessed any employee. 4. Possible modifications to 1985 legisation that limits municipal exposure for joint and several liability. These changes may be necessitated due to the potential equal protection problem caused by hte enactment of the section protecting local units of government, but not private citizens or businesses, without specific findings rationalizing the legislative action. The GSGL Committee is also expected to address problems with the open meeting law, state mandates, special assessments, and elections. /3G 1 83 university avenue east, st, paul, minnesota 55101 (612)227-5600 Ilil�1 league of, minnesota cities LAND USE, ENVIRONMENT, ENERGY AND TRANSPORTATION COMMITTEE STUDYING WASTEWATER TREATMENT FINANCING Wastewater Treatment The 1986 Legislature adopted several of the League's proposals for administrative changes in the wastewater treatment construction grants program as well as enacting League supported legislation authorizing the privatization of wastewater treatment systems. The 1987 legislature is expected to continue the analysis of the existing •grant program, explore the creation of a revolving loan fund, and decide on a level of state financial assistance in wastewater treatment programs. Despite determined efforts by local governments and the state, there is still an estimated need for wastewater treatment systems costing approximately $1.1 billion. This need is required to be met by federal legislation that mandates all dischargers of sewage effluent to meet federal standards by 1988. The committee will address the following issues: 1. The level of state financial assistance. Currently, the state contributes approximately $11 million to the state wastewater treatment financial assistance program which is raised out of the cigarette tax. This contrasts significantly with Wisconsin which has raised over $260 million for state assistance to local governments. • 2. The type of state financial assistance. Current federal and state financial assistance programs are in the form of matching grants. There has been preliminary discussions regarding the creation of a revolving loan fund which would provide low or no interest loans, rather than grants, to communties. Whether to proceed with this approach, its level of funding, eligibility requirements, and interplay with the existing grant programs are all issues which need resolution. 3. Additional administrative or agency changes. The future role of the Minnesota Pollution Control Agency in this area is currently under consideration. Options range from removing the agency totally from grant administration oversight to having the agency take complete control of system construction with municipalities taking over the operation and maintenance of the system once the state finishes its construction. 4. Fees for discharge permits. The legislature recently increased the level of state fees for the adm-inistration and enforcement of wastewater treatment laws. The fee formula and fee levels are issues r37 1 83 university avenue east, st. paul, minnesota 551 01 1612)227-5600 that will be addressed by the committee. Other committee issues include land use and planning legislation, annexation, solid and hazardous groundwater protection programs, legislation. waste management, surface and and transportation and transit • /3� �� III IIIID11I' . U league of minnesota cities Personnel and Public Safety Committee Issue Paper Rule of 85 Extension. Should eligibility to retire with an unreduced benefit with any combination of age and years of service equalling 85 or more years be extended to people who qualify on or after January 1, 1987. Local Police and Fire Relief Associations Merging into PERA. Should members of the local police and paid fire pension plans be allowed to elect coverage under PERA rather than their local plan. Should this be allowed and encouraged if the • local plan is eliminated and all active former local members draw benefits and pay contributions under the PERA formula, with the transferring city paying full actuarial costs to PERA. Workers Compensation Offset. Should PERA be allowed to pay full disability benefits to disabled members (especially police and fire members) while the disabled member draws workers compensation payments, as is permitted under the local police and fire plans. Funded Retirees Health Insurance. Should PERA be establish a program to offer health insurance to retired employees. If so, should it be fully or partially financed be governmental employees. Should cities have the option whether or not to participate. Elected Officials Retirement. Should elected officials and volunteers (i.e. ambulance) be subject to the regular PERA program with an option of membership . when salary reaches $325 per month. Or should they be covered under a defined contribution plan similar to an IRA. Discipline and Discharge. Minnesota statutes currently constitute a legal mine field for public employers seeking to discipline or discharge their employees. Any grievance or disciplinary action undertaken by a city may involve the state's Veteran Preference Laws, Public Employer Labor Relations Act, civil service or merit systems, Human Rights Act, as well as federal and state constitutional due process requirements. The committee is currently considering two major approaches to solving the discipline and discharge problem. 1. Accelerate discharge procedures. While the League does not opposes termination hearings where they are required by state statute or federal or state constitutions, it seems an unnecessary waste of taxpayers' money to allow these procedures to last In excess of a year in some cases. The problem, is exaggerated under the state's Veterans Preference Law which provides that a veteran is suspended with pending a final determination by a veterans preference board. In many cases, the result has been payment by the municipality for two employees during the suspension period, a result which is particularly burdensome to small communities. The PPS committee will be studying ways to streamline discharge processes, particularly the veterans preference statutes. J3® 1 83 university avenue east, st. paul, minnesota 551 Oe 1 (61 2] 227-5600 Y Personnel and Public Safety Issue Paper Page 2 2. Dual Disciplinary Hearings. Under current law, employees covered under both a collective bargaining agreement grievance and discharge procedures who are also veterans protected under the veterans preference statutes, are entitled to hearings under both procedures. The result is not only grossly inefficient, but may also be unworkable since the standards for court review of the decisions of veterans preference boards and grievance arbitrators vary significantly. The Minnesota Supreme Court, in a recent case, indicated,its dissatisfaction with the dual hearing mechanism. The committee will consider a policy that legislation be enacted providing that a public employee faced with a potential discharge, would be required to select a single hearing procedure. Pay Equity. The 1986 legislature again considered the issue of pay equity or "comparable worth", in the end enacting a modification to the 1984 statute that, • in the opinion of many, has substantially weakened the ability of local governments and other units of government to maintain equitable compensation relationships in the light of arbitrations for essential employees. The PPS committee will attempt to evaluate problems experienced by cities in the process of implementing the studies, as well as potential problems in maintaining equity once the studies are implemented. • ,. : p IIII,'f Illll U league of g minnesota cities REVENUE SOURCES COMMITTEE DEBATING PROPERTY TAX REFORM AND LOCAL GOVERNMENT AID Although cities were spared major cuts in their state funding this year, the 1987 legislature is likely to consider changes in the property tax system and local government aid • program which could dramatically affect cities' revenues and budgets. The Revenue Sources Committee, composed of representatives from cities throughout the state, will be studying these key tax and financing issues during the next two months. The Committee's recommendations will be the first step in defining the League's legislative policies and priorities for next year. Issues the Committee is considering include: * Property Tax Reform: While applauding simplification and accountability as desirable property tax reform goals, the League's draft policy cautions the legislature to analyze proposals not just for their impact statewide, but also for their effect on individual communities. Major shifts in the relative tax burdens among taxing jurisdictions must be avoided as should major shifts in tax burdens among property classes. The League's draft policy also argues that local • government aid should be maintained as an essential component of the property tax relief system. Additionally, property tax reforms should not jeopardize existing tax increment financing districts. * Local Government Aid: The League's draft policy supports continuation of the local government aid program with annual appropriations increases of six percent in 1988 and 1989. The Revenue Sources Committee will be debating whether the League should recommend specific revisions in the current formula or general principles for reform. These general principles could include: the formula should reflect both need and revenue raising capacity of a municipality; a city's decisions on expenditures for "basic municipal services" should be a factor in the formula; and any major formula changes should allow for adequate transition periods. * Levy Limits: The League's draft policy recommending repeal of levy limit laws will be especially important if local governments are forced to contend with cuts in state and - I 83 university avenue east, st. paul, mmnnesota 551 01 [E 1 21 227-5600 federal financial aid. * Muncipal Bonds: The League's draft policy favors permanent repeal of interest rate limits on bonds enabling cities to respond to changing market forces and federal action,. * Local Option Taxes: The League is considering policy which favors granting cities local option to utilize non-traditional revenue sources, such as sales taxes, to replace loss in state shared revenues. CJ 14- . TE -1-911 league of minnesota cities CURRENT FEDERAL LEGISLATIVE POLICY ISSUES General Revenue Shari With future funding of General Revenue Sharing uncertain, alternatives tothecurrent program of direct federal assistance to local government are being considered by the LMC Federal Legislative Committee. LMC policy continues to support full funding of GRS, along •with explicit concern for future targeting of GRS payments to recognize d'-ifferences in fiscal capacity and the essential role of the federal government in assuring adequate levels of service at the local level. The committee will discuss provisions of the Targeted Fiscal Assistance Act (S. 2037) introduced by Senator David Durenberger and recommend policy to the membership in November. Federal Tax Reform Alarm has replaced earlier concerns over provisions of federal tax reform legislation that severely restrict cities' authority to issue municipal bonds. Imposition of unworkable tests for tax-exempt financing along with the further lowering of an arbitrary per capita volume limit for many types of bonds have left cities without many of the development and public financing tools they have traditionally ® used to improve local economies and infrastructure. Pending final adoption of the 'Tax Reform Act of 1986, the LMC Federal Legislative Committee has been monitoring the legislative deliberations and will make specific recommendations on its provisions with respect to their impact on city finances and development initiatives. Housing Loss of federal housing programs and assistance since 1981 has left cities without the means to provide low and moderate income housing to meet the demand for affordable residential units except through the use of single and multifamily housing bonds. Federal tax reform restrictions may make access to such bond authority even more limited than at present. In that circumstance, the Legislative Committee may look to new strategies and financing alternatives to meet cities' housing needs. . Gramm-Rudman /�5 1 83 university avenue east, st. paul, minnesota 551 01 (61 2) 227-5600 The turning over of direct responsibility for deficit reduction to non -elected federal bureaucrats and the sacrifice of 100 percent of federally funded programs and aid to cities to that budget -cutting process has created a sense of dismay and concern among cities. Members of the Federal Legislative Committee will examine the impact of Gramm-Rudman on cities in 1986 and look at projections for FFY187. Opposition to this means of deficit reduction is likely to be recommended to member cities in November. Stormwater Permits Current LMC federal policy expresses strong opposition to diverting wastewater treatment construction grant funds to address non -point source pollution problems and opposes 1985 proposed EPA stormwater regulations that would require city testing of thousands of outfall sites for stormwater discharge. Modification of the stormwater permit regulations has been making its way through Congress as part of the reauthorization of the Clean Water Act. The Federal Legislative Committee will examine the results of Congressional efforts to develop policy dealing with pollution problems resulting from stormwater run-off and will recommend a position reflecting cities' interests in the compromise legislation. Hazardous Materials Transportation The committee has been following NLC policy deliberations and is working together with the LMC Land Use, Energy, and Transportation Committee to develop policy on the roles cities play in the routing, emergency response, and regulation of the shipment of hazardous materials. 11 1�q OF 3830 Pilot Knob Road Eagan, Minnesota 55122 police department August 15, 1986 TO: TOM HEDGES; CITY ADMINISTRATOR /j(1 FROM: PATRICK GEAGAN, ADMINISTRATIVE CAPTAIN? (M SUBJECT: EAGAN DOG POUND JAY M. BERTHE Chia OI PWIw PATRICK J. GEAGAN ANnlnln ntlw Capvin KENNETH D.A MANN Owmlew Cpvin During the past two weeks I have had several discussions with Judy. Orchard, a resident in the Orin Thompson Development just south of the Eagan Kennel. Ms. Orchard has demanded that Eagan Code Sec. 10.11, Subd. 10, "Disturbing the Peace" be enforced. This section is very clear in that barking, howling and whinning of. dogs is a violation. After discussing the problem with the City Attorney's Office, it appears we will have to take the complaint. on 8/12/86 I spoke to Bill Abel and advised him that he would be charged with the above mentioned code violation if he doesn't solve his problem by 9/14/86. Bill indicated that he has two dogs that make a lot of noise and that he would attempt to get rid of them in the next thirty (30) days. Bill mentioned that the city's impounded dogs may also be causing some of the problem but his dogs are the worst. I feel our problems with the current kennel situation are only just beginning, unless we find an alternative location. Not only will we have Orin Thompson Development on the southside of the kennel, but also Stuarts 1st Addition Apartments (144 units) directly adjacent to Bill Abel's north property line. I have contacted Eagan Hills, Eagan Pet, Lakeside and Shamrock Animal Hospitals and found some interest in the kenneling of our impounded animals. With the kennel permit hearing looming in the near future, perhaps it is time to look for another location for our animals. If you concur, we can work up a proposal for the interested clinics and hopefully have other facilities set up prior to the permit hearing. We have requested $6,000.00 for kennel charges in the 1987 budget. My preliminary contacts with the clinics indicate it will cost $5,000.00 to $6,000.00, some of which would_ be charged back to dog owners who claim their lost pets. We have had occassional complaints regarding hygiene of our current /5� THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY kennel and hopefully using a clinic, those complaints would be eliminated. If you have any other ideas or suggestions, please let me know. PG/ma cc: Jay Berthe, Chief of Police • .0 01 A U,r ri o $� S'T,MER 86' Dear Sir; I avant you to know that as a tax -payer and concerned citizen of this County I think it is inexcusable that we do not have an animal shelter! 'Phe ?%innesota. Valley Hunane Society of Dakota County `1771S) has been strw_glin� for years to build a shelter and hundreds of people like myself support t::^.eir efforts. 4dhy haven't you noticed?? This Fall when the '�'V;S approaches you for support ® I hope you will also reco,-nize the ,rent need we have in this Countv and help us build the shelter ':re need. Thankyou. Respectfully, V ��t 1�7 -''� hi iJ ✓Cld� SII. ic1ER 86' Dear Sir; I want you to know that as a tax -payer and concerned citizen of this County I think it is inexcusable that we do not have an animal shelter! The ?'innesota Valley Humane Society of Dakota County i -S) has been strur- lin-- for years to build a shelter and hundreds of people like myself sur)nort their efforts. ldhy haven't you noticed?? This Pall when the '°'VHS approaches you for support I hope you will also reccL,-:Inize the ;treat need :ae have 40 in this Count9 and help us build the shelter we need. Thanlyou. Respectfully, 4 /�X SU"EIER 861 . l'U C; �f G� Dear Sir; I :-sant you to know that as a tax -payer and concerned citizen of this County I think it is inexcusable that we do not have an animal shelter! The ':innesota. Valley Humane Society of Dakota County (,,!VHS) has been struZ-1inZ for years to build a shelter and hundreds of people like myself support their efforts. Why haven't you noticed?? This Pall ;,hen the ';VHS approaches you for support I hope you will also recocnize the ;creat need we have in this County and help us build the shelter we need. Thankyou. Respectfully, / %1 SUMMER 86' Mark & Suzanne Evans 1471 Richards Court Eagan, MN 55122 41 s��L)U Dear Sir; I want you to know that as a tax -payer and concerned citizen of this County I.think it is inexcusable that we do not have an animal shelterl The Minnesota Valley Humane Society of Dakota County (,NiVHS) has been struggling for years to build a shelter and hundreds of people like myself support their efforts. why haven't you noticed?? This Fall when the MVHS approaches you for support I hope you will also recognize the great need we have in this County and help us build the shelter we need. Thankyou. Respectfully, c, oMot j .>>2Xi&j Q baI �{o Odtp� m *fix yn-SON-kc+V—) 4v 1?4(u# &wL) OL A 4 Om 0o22�rGcat� 9nRQ lx�: {wu Q�rujax�U. ��hc a ail whA -Gu AVXf 60a"t o 1 a.�duluk amJ d -I as 0 �40 ,.._... $ STJTiD!ER 86' Dear Sir; I want you to know that as a tax—Payer and concerned citizen of this County I think it is inexcusable that we do not have an animal shelter! I The ??innesota. Valley `!umane Society of Dakota County (;iVSiS) has been stru Alin. for years to build a shelter and hundreds of people like myself support their efforts. thy haven't you noticed?? • This Eall when the "!VHS approaches you for sunnort I hope you will also reco nize the ,."rea:t need'we have in this County and help us build the shelter 4e need. E Thanl:you. Respectfully, (41Z,- 1_a1_1`! ()/�� 16 i�,U ) ")86 SU id^.ER 86' Dear Sir; I avant you to :snow that as a tax -Payer and concerned citizen of this County I think it is inexcusable that we do not have an animal shelter! The "Unnesota Valley Eunane Society of Dakota County ('AiVi!S) has been strurglin,? for years to build a shelter and hundreds of People like myself support their efforts. l;ny haven't you noticed.?? This Fall %,hen the NVHS approaches you for support I hope you will also recc-'nize the rea.t need we have in this County and help us build the shelter we need. Thankyou. Respectfully, � 1986 0 SU MER 86'. Dear Sir; I 'want you to know that as a tax -payer and concerned citizen of this County I think it is inexcusable that we do not have an animal shelter! The ??innesota. Valley Humane Society of Dakota County ('rIV:!S') has been stru.;Elin,-, for years to build a shelter and hundreds of people like myself support their efforts. 'nhy haven't you noticed?9 This mall ,when the r,'VFS approaches you for support I hope you will also recognize the seat need we have in this County and help us build the shelter we need. Thankyou. Respectfully, �� . WV��"w &L L-] ,'5�3 Don Jensen 717 Ethel Wausau, Wisc. 54401 (715) 845-4835 Mr. Carl Tollefson Tollefson Builders 12617 Fairgreen Ave. Apple Valley, Mn. 55124 Dear Mr. Tollefson: (612) 452-6186 7 EE August 25, 1986 John P. Wilkins 11976 Riverwood Drive Burnsville, MN 55337 (612) 452-6186 Enclosed is a copy of the items that have yet to be completed on our home. Although some of the items on the two pages might be con- strued as minor, they all contribute to the total picture that there is still a lot to be done. We have tried on numerous occasions and have been assured by the appropriate employee that our repairs and questions have been directed to the individual in charge yet they still remain undone. In addition, we have yet to have a satisfactory repair done on our roof. Further, we have lost a great deal of trees in our back yard due to improper drainage, and the grade on the foundation next door to us has caused erosion and sod loss in our yard. I expect answers to the above questions and quick action on solution to the problems. If steps are not taken to remedy the situa- tions by September 15, 1986 this matter will be forwarded to our attorneys for appropriate legal action. Sincerely, cc: Kampmeyer & O'Connor Mrs Bea Bloomquist Eagan City Council Street not finished Street lights not installed /5�� Rain Diverters Screen for basement bedroom Replace door in W/O office Right window -master bedroom weather seal coming off Woodwork separated from walls in W/O - Laundry ect. Remove grout front hall and regrout Regrout thru out and make sure heat vents are flush Chip in woodwork next to stairs -repair not acceptable Repair top step of deck -space is dangerous under gate Family room door frames warped and separated from wall 3 Season porch window frames cracked by painters Woodwork repair dining room, Left of buffet not acceptable Marble chipped - replace F.R. Fireplace Cap H2O pipe in front yard Dining room baseboard left of buffet, not acceptable Informal dining room -left window comes apart when opened and wont close Tape and paint kitchen - Right window Tape and paint masterbath-right of door, still not sanded & repaired Paint right corner by door,living room Tape and paint dining room corner left of buffet Outside trim repaint cedar showing through Repairs on roof on deck and below door Back door, tape showing left top (to garage) Roof repair not working -water still builds up and runs into house 3 season porch leaking causing carpet to mildew 3 season windows defective -unable to open and close with normal effort Grade behind house on 9th addition is flooding our backyard & killing our trees. Spec house next door, grade & house level is causing erosion and excess- ive H2O flow into our yard. Street not finished Street lights not installed /5�� HAUGE. EIDE & KELLER, P. A. ATTORNEYS AT LAW WATER VIEW OFFICE TOWER. SUITE 303 1200 YANKEE DOODLE ROAD EAGAN. MINNESOTA 80123 PAUL H. HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN MICHAEL J. MAYER Mr. Thomas L. fledges City of Eagan Administrator 3830 Pilot Knob Road Eagan, Minnesota 55123 Chief Jay Berthe Eagan Police Department 3830 Pilot Knob Road Eagan, Minnesota 55123 August 1, 1986 AREA CODE $12 TELEPHONE 455.6000 454.4224 0 Re: Punitive Damages Against Municipal Officers or Employees Dear Mr. Hedges and Chief Berthe: I am writing to update my letter of July 10, 1986 regarding this subject. Some of the comments that I made in that letter have turned out to be incorrect. Basically, I understand that various "municipalities" have determined that this legislation does permit cities to continue to indemnify their police officers for punitive damages. Additionally, it does appear that there may be insurance coverage which might be obtained by the City or by the police �---' officers to protect themselves. The City Council could at this time take one of the following actions: 1. Enact a Resolution that the City will continue to indemnify officers for punitive damage awards incurred out of an act taken within the scope of their employment. 2. Take the position that the City will not continue to indemnify the officers, but instead., as a benefit to the police officers, acquire and pay for the premiums on an insurance policy for their protection. 3.. Determine that the City will not continue to indemnify the officers and require that the officers acquire insurance coverage on their own. )5(o Mr. Thomas L. Hedges Chief Jay Berthe August 1, 1986 The new legislation enacted by the Minnesota Legislature reads in the relevant - portion "a municipality may not save harmless, indemnify or insure an officer or employee for punitive damages levied against the officer or employee." As this sentence does not state that the municipality shall not indemnify the officers, various "municipalities" including Hennepin County and the City of Minneapolis have interpreted the legislation to permit a municipality to continue to indemnify the police officers. The word "may" is interpreted to be permissive and not mandatory. This issue of interpretation will probably not be clarified until it is judicially challanged or until corrective legislation is enacted. The language probably cannot be judicially challanged unless and until a punitive damage award is made the payment of the award is challenged by an interested person (taxpayer). Due to the rarity of punitive damages awards against police officers, it is likely that there will be legislation clarifying this situation prior to any judicial interpretation of the statute. It has also been argued that even if the legislation prohibits a city from indemnifying its police officers for punitive damages, it does not prohibit the municipality from acquiring insurance, as a benefit to the employee, for coverage against punitive damage awards. I was initially under the impression that insurance against punitive damage awards in the State of Minnesota could not be obtained. It now appears that this was in error and there may be insurance coverage available. By copy of this letter to Bruce Medvec, I enclose a list of three insurance companies who may provide such coverage along with a brochure from one of the companies. .I believe that Mr. Medvec would be in a better position to screen the various policies available to determine what would be in the best interest of the City or its officers. There has been a substantial amount of discussion of this topic by law enforcement agencies throughout the State. I assume there will be continued discussion and various bodies may take stronger positions with regards to their interpretation of the statute. However, it would appear unlikely that a final clarification of this issue will occur prior to the next legislative session. Very truly yours, HAUGE,'EIIDE KELLER, P.A. 01 W even W. Eide KWE:cjb enclosure I cc: Bruce Medvec / MEMO TO: HONORABLE MAYOR BLOMQUIST FROM: CITY ADMINISTRATOR HEDGES DATE: SEPTEMBER 2, 1986 SUBJECT: SEPTEMBER 2, 1986,, CITY COUNCIL MEETING AND INFORMATIVE INFORMATIVE As we discussed, I will prepare a memo to the Advisory Planning Commission regarding an explanation of the proposed transporation master plan and how that differs with the need to perform special transportation studies on a project by project basis.. I Also an explanation of the indirect source permit will be provided in narrative form for both the APC and City Council. A letter will be forthcoming to Mayor Bill Saed of Inver Grove Heights regarding a recommendation on Jack Boarman's performance and success ratio for handling referendums. SEPTEMBER 2, 1986, CITY COUNCIL MEETING OLD BUSINESS: B. Wescott Townhomes -Apartments Project (Page 62) --The area that John Houston is developing is a small tract of land adjacent to Yankee Doodle Road. This project is separate from an apartment project that another developer is constructing immediately south of the Wescott Townhomes. The apartment project that is adjacent to John Houston's project is an old plat of record and the devel- oper is finalizing his building program in 1986/1987. This. is the development where our Police have experienced problems. Again, John Houston is not associated at all with that project. ADDITIONAL ITEMS: B. Revision to Preliminary Plat for Blackhawk Plaza (page 95) --The conditions set forth in the Blackhawk Plaza preliminary plat approval require that Blackhawk Road be upgraded to a 44 -foot to 52 -foot standard. It is advisable that either a public hearing be scheduled prior to authorizing the final plat to guarantee the upgrading of Blackhawk Road by both the developer and surrounding property owners or an agreement be reached with the developer of Blackhawk Plaza that a financial guarantee will be provided whereby both the assessments for the developer and adjoining residents will be paid by the developer. It is only necessary --according to the Director of Public Works --that Blackhawk Road be upgraded at this time from Diffley Road to a point north of the Blackhawk Plaza project site. %R_� City Administ for TLH/kf AGENDA REGULAR MEETING EAGAN CITY COUNCIL EAGAN, MINNESOTA CITY HALL SEPTEMBER 2, 1986 6:30 P.M. I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES r-57 A. Final Assessment Hearing for Project 447 (Lone Oak Addition - Trunk Water Main) p,31 B. Final Assessment Hearing for Project 453 (Robins Addition - Utilities F -V/ C. Final Assessment Hearing for Project 456 (Eagandale Court - Streets & Utilities F6V3 D. Final Assessment Hearing for Project 451 (Hampton Heights - Trunk Water Main) E. Final Assessment Hearing for Project 424 (Eagandale Lemay Lake // Addition - Streets & Utilities) F. Public Hearing for the Vacation of Street Easement, Eagandale Lemay Lake lst Addition D•�N G. Public Hearing for the Vacation of Drainage & Utility Easement, Lot / 3, Block 1, Eagandale Center Industrial Park S'LH. Public Hearing for the Vacation of Drainage & Utility Easement, Lot P 1, Block 2, Town Center 100 Addition III. 6:40 - DEPARTMENT HEAD BUSINESS -P.1 A. Parks & Recreation Department p,7 B. Public Works Department IV. 6:55 - CONSENT AGENDA '• p ZIA. Contractor's Licenses 23 B. Personnel Items P.ze/C. Project 482, Receive. Petition/Order Feasibility Report (Nancy Circle - Streets) D. Project 483, Receive Petition/Order Feasibility Report (Splashland T,x4 Water Parks - Trunk Water Main) -p,1,4 E. Project 481, Receive Report/Order Public Hearing (Blueberry Circle - Storm Sewer) 2� F. Approve Resolution - Landscaping for MnDOT Park & Ride Sites 7.27 G. Set Public Hearing for Public Input on 1987 City of Eagan General Fund Budget 2? H. Resolution Restricting Parking on Nicola Road (Cliff to Diffley) P30 I. Contract 85-3, Final Payment/Acceptance (Slaters Acres) r,30J. Contract 84-9, Final Payment/Acceptance (Lexington Avenue Trunk Water Main) 3i K. 33L. Blackdog Lake Watershed, Amendment to Joint Powers Agreement Final Plat, Town Centre 100 Second Addition -36M. Final Plat, Lexington Place South 3rd Addition V. 7:00 - PUBLIC HEARINGS r-57 A. Final Assessment Hearing for Project 447 (Lone Oak Addition - Trunk Water Main) p,31 B. Final Assessment Hearing for Project 453 (Robins Addition - Utilities F -V/ C. Final Assessment Hearing for Project 456 (Eagandale Court - Streets & Utilities F6V3 D. Final Assessment Hearing for Project 451 (Hampton Heights - Trunk Water Main) E. Final Assessment Hearing for Project 424 (Eagandale Lemay Lake // Addition - Streets & Utilities) F. Public Hearing for the Vacation of Street Easement, Eagandale Lemay Lake lst Addition D•�N G. Public Hearing for the Vacation of Drainage & Utility Easement, Lot / 3, Block 1, Eagandale Center Industrial Park S'LH. Public Hearing for the Vacation of Drainage & Utility Easement, Lot P 1, Block 2, Town Center 100 Addition VI. OLD BUSINESS 7SS! A. Review Fee Policy for On- and Off -Sale Liquor License Investigation p.(o L B. Amendment to Documents for $1,880,000 Multifamily Housing Revenue -_ / Bonds (Wescott Townhomes-Apartments Project) Providing for Use of 1 Insured Mortgage Loan from Federal Housing Administration VII. NEW BUSINESS y.&5 A. Special Permit to Allow Temporary Use of a Funeral Home for an Episcopal Church Located on Lot 1, Block 2, of the Century Addition, SW 1/4 of Section 9 P.&o H. Site Plan Review, Beautiful Savior Lutheran Church, 4150 Pilot Knob Road, Request to Begin Construction on Waiver of Plat Parcel Prior to Final Plat, Located SW1/4 Section 22 P•%L C. Conditional Use Permit (Applebaum Food Markets, Inc.) to Allow the Sale of Malt Liquor at Rainbow Foods Located on Lot 1, Block 1, Town Centre 70 2nd Addition Located W of Denmark Ave and S of Yankee Doodle Rd in Part of the NW 1/4 of Sec 15 P.75 D. Building Permit (Kevin Murphy) for 1625 Deerwood Drive on Unplatted S Property, SW1 4 of NW1/2 of Sec 21 F.21 E. Extension of Preliminary Plat for Whispering Woods 2nd Addition Hills Construction T-93 F. United Parcel Service for a 17 -Foot Parking Setback Variance Along County Road 63A (Becker Road) pl8 G. Preliminary Plat for Blackhawk Acres 2nd Addition (Les Duoos) Consisting of 32 Townhouse Units on Approx 6 Acres Located W of Blackhawk Rd Abutting Robin Lane, SE1/4 of Sec 17 VIII. ADDITIONAL ITEMS 1 .90 A. Public Improvement Contracts P%a1. Contract 86-20, Receive Bids/Award Contract (Windtree 7th Add) /P yr 2. Contract 86-2, Receive Bids/Award Contract (Nicola Rd) 9V 3. Contract 86-21, Receive Bids/Award Contract (Back Stop and / Outfield Fencing) P. H. Request for Revision to Preliminary Plat Approval Conditions (Blackhawk Plaza) ))./02- C. Briar Hill 4th Addition, Trail Completion/Easements P. D. Town Centre 70 and 100 Pylon Sign Agreement p.ltg E. Project 484, Bur Oak Hills Addition, Receive Petition/Order Feasibility Report I%. VISITORS TO BE HEARD (for those persons not on the agenda) X. ADJOURNMENT • MEMO TO: HONORABLE MAYOR AND CITY CODNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: ADGUST'29, 1986 SUBJECT: AGENDA INFORMATION APPROVE'MINUTES°AGENDA' After approval is given to the September 2, 19'8'', agenda and regular City Council meeting minutes for August 19, 1986, and special City Council meeting minutes for August 25, the following items were in order for consideration: DEPARTMENT.'HEAD:.BUSINESS' A. PARRS AND RECREATION DEPARTMENT The Advisory Parks and Recreation Commission is proposing a user fee for the use of the Trapp Farm Park Pavilion, enclosed sh'elter's and other smaller picnic shelters that will be constructed in future years. For a copy of the proposed user fee and background information providedto the Advisory Parks and Recreation Commission by the Park Director refer to pages through /o . ACTION TO BE CONSIDERED ON THIS ITEM: To approve or disapprove fee structure for the reservation of park shelter buildings and athletic facilities for 1987. MEMO TO: HONORABLE MAYOR & CITY TOM HEDGES, CITY ADMIN FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION DATE: AUGUST 14, 1986 RE: USER FEES — TRAPP FARM PARK PAVILION & OTHER SHELTER FACILITIES ADVISORY PARKS & RECREATION COMMISSION At the August 7th Advisory Parks &. Recreation Commission meeting, the Commission reviewed a staff proposal for the charging of user fees for the use of the Trapp Farm Park pavilion, enclosed shelters and other smaller picnic shelters to be constructed in the future. Attached is a memorandum that was provided to the Advisory Commission concerning this topic. • In reviewing the memorandum, the Advisory Commission had two basic areas of concern and discussion. One related to the idea that reservations might preclude the use of the facility by impromptu or casual users and second, that the facility should be restricted to "residents only". When discussing these two topics, the Commission came to the conclusion that the 14 day time period for reservation would still provide sufficient open time and space for the casual users. It was also reasoned that this may be an unwarranted fear which could only be assessed after one year's use. Residency requirements for reservation of the buildings were seen as unworkable. Further, it was noted that conditions of accepting of L.C.M.R./L.A.W.C.O.N.federal funds prohibited discrimination on the basis of residency. The Advisory Commission also reviewed fees, reservation format, administrative procedures, and fee exempt groups, before making its recommendation to the City Council. The Commission then recommended to the City Council that the City establish a reservation fee for Trapp Farm Park pavilion of $35 per half day, $50 full day, $30 for enclosed shelter buildings and $15 for open shelters and/or designated picnic area when reserved. Athletic facilities and ball fields would be reserved at a fee of $30 per field per day or tournament. A damage deposit of $100 would be required and a building cleaning fee of $30. Lights, if required and applicable, would be at $20 per field per day. FOR COUNCIL ACTION To approve, disapprove,. the fee structure for the reservation of park shelter buildings and athletic facilities for 1987. Respectful) submitted, Director of Parks & Recreation KV/js ezm tNl MEMO TO: ADVISORY PARKS AND RECREATION COMMISSION FROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION DATE: JULY 28, 1996 RE: USER FEES - TRAPP FARM PARK PAVILLION, AND OTHER SHELTER FACILITIES In anticipation that the Trapp Farm Park picnic pavillion and park shelter buildings will be operational in 1987, Staff is seeking a recommendation and concurrence on fees that should be charged for reserving these and other future park shelter facilities. This, of course, assumes that the Commission is agreeable that a fee is to be charged. OTHER PARK USER FEES At present, the Department charges for the use of Rahn Park shelter building, and the rental fee is $75.00 for the entire day. The community room at the Fire Administration building is $50.00 for profit, commercial, or other non- community use: $15.00 for community organizations, and "no charge" for youth and other non-profit public service groups. A brief review of other community policies regarding facility reservations reveal a wide ranke of philosophies, and rental charges. For example: Burnsville has set a fee schedule based on the number of people, length of time period, and components used at each particular facility, as well as a differential rate between residents/non-residents. Burnsville charges $15.00 for reservation of a designated picnic area, which provides for 8 to 9 tables, $25.00 for an open picnic shelter, and $40.00 for the larger pavillion type facility. Burnsville, also charges for tennis court reservations, ballfields, soccer fields, etc., as part of their reservation system. The City of Apple Valley charges a flat fee of $25.00 for any of it's picnic pavillion facilities. Enclosed structures, which are smaller, fall under a separate policy and fee structure. Lakeville has a unique approach, which charges by the person. Local, non- profit, or civic groups pay only a flat administrative fee of $15.00 for the right to make a reservation. The $1.50 per person charge comes into affect for large groups, or non-resident groups. Because Lakeville has several large parks which can accommodate as many as 400 people, they have used this approach of reservations to administer their parks system. A park ranger checks on each group, which has a reserved park area and provides supervisory, as well as some measure of crowd control. Due to a large demand for facilities Lakeville established a minimum number of people to use,'the ak larger facilities. Like most communities, they also have a damage deposit associated with the use of many of it's facilities, particularly when it reserves for large, non -local groups. FOR DISCUSSION Y`ya Parks and Recreation Staff fully expects that after the community becomes fully acquainted with the facilities of Trapp Farm Park, as well as future planned shelters, the pavillion and shelters will be in heavy demand for group reservations. Clearly, a reservation system will be necessary to administer their usage. Staff is also of the opinion that a fee should be charged for the privilege of making a reservation and use of the shelter. From Staff perspective, we are of the opinion that the fee structure should be simple, with as few complications as possible. This will be easier for the public to understand and certainly much easier to administer. Second, the process of the reservation system should also be simple to ensure good communications as well as accountability for cash receipts. Finally, the structure that is established should be representative of the services being provided. • STAFF PROPOSAL Staff is proposing that Park facilities be grouped into four (4) classifications for reservation programs. 1. Large Pavillion: The picnic pavillion at Trapp Farm Park, 2. Enclosed shelter buildings: Trapp Farm Park, Goat Hill, Rahn 3. Open shelters: Buildings and designated picnic areas without rest -rooms, '4. Athletic Facility shelters: Northview - Rahn Athletic facilities. y With the later group, Category #4, the park shelter building is not the main reason for which the park is used. Rather, it is the ballfields that they intend to use, and the shelter building is an emenity to that facility. Staff would propose that the buildings at Northview, Goat Hill, and Rahn Park be reserved with the athletic fields and the rate for the athletic fields be adjusted to include these buildings and/or an additional facility charge be made. A damage deposit would be required: $100.00. Staff is recommending that fields be reserved for a fee of $30.00 per field/per day. Lights (if ® required) $20.00 per field/per day; Building cleaning $30.00. CATEGORY #1 For the picnic pavillion at Trapp Farm, Staff is recommending a. fee of $35.00 per half day. Full day reservations would cost $50.00. Rates would remain consistent for all user groups. A "half-day reservation" is from 10:30 am. to 4:30 p.m., and 5:00 p.m. to 10:30 p.m. Reservations, which go beyond either of the time periods would be considered as "full -days" and charged the full-day rate. L T in CATEGORY #2 Enclosed shelter buildings would be available at $30.00 minimum fee; $5.00 for each additional hour, after the first five hours. A damage deposit of $100.00 would be required. CATEGORY #3 Open shelters or designated picnic areas would be reservable at $15.00, and could accommodate 18 to 25 people. The City would provide for between 6 and 8 permanent picnic tables. There would be no time use limit for the reservation of these open shelters/picnic areas. As shelters are added to neighborhood parks, and requests made for reservations, this fee policy would extend to these parks also. ISSUES FOR DISCUSSION The whole issue of fee changes in Parks and Recreation is often a philosophical approach, rather than one totally based on economic costs. It is the Staff's opinion that the charges being suggested reflect a major portion of the costs for the "extra" services, which may go beyond the normal level of City service provided. For example, your softball team can use any field to play a game, but if you wish to reserve Northview for a tournament game(s); department staff will have to do extra work: in field dragging, trash pick-up, etc. Your fee covers these additional expenses. The Commission may wish to modify, expand, or establish a different approach to the structuring of fee's. A second issue is that the fee proposal is for one year. A review after the first year's operation will give the department and Commission a better understanding of the work and time involved in maintaining these facilities. The Commission may wish to include this as part of any motion made in setting fees. The third 'point of discussion is in relation to the pavillion at Trapp Farm Park. Originally, the pavillion was conceived to have "two halves" usable by two groups at the same time; assuming that the combined total does not exceed the planned capacity. Staff is suggesting that until some experience is gained from the first year's use, the department issue reservations for the entire building only, waiting until 1988 before it reserves either half. It is understood that the facilities can be used without reservations on a first-come, first -serve basis. Reservations simply assure you the privilege of using the facility. (Staff is currently reviewing methods of posting or notifying people that a facility/pavillion has been "reserved"). USER PROCEDURES Reservations would be taken up to four (4) full months in advance, but not later than fourteen (14) days in advance of the date requested. Reservations may be made in person, or by phone, and confirmed by fee payment. Reservation requests would be maintained, on the Logis System, which would print out a receipt at time of payment on a "Reservation Confirmation" form. This form would be sent by mail to the "responsible person" making the reservation. The Confirmation Form would be accompanied by a letter with additional information regarding rules, regulations, and other pertinent information pertaining to the park i.e., no glass beverage containers, park hours, etc. Staff would also post the reservation at a central location at Trapp Farm Park, or devise some kind of posting to notify users that a particular area has been reserved. ADMINISTRATIVE PROCEDURE On Monday of each week, a copy of all reservations for the next fourteen (14) day period would be printed out. This print-out would be sent to the Parks Superintendent, Parks Foreman, Attendant, and Police Department, so that they are aware of the group and responsible person reserving the facility. This will assist in the coordination of maintenance and preparation of the these facilities, and alert the attendant/police department should any problem arise. r In Summation, the Department is recommending a reservation fee for Park Facilities of: $35.00/half day, $50.00 full day/picnic pavdllion, $30.00 enclosed shelter buildings, $15.00 for any open shelters: Facilities associated with any athletic field to be reservable with that particular facility at the fee established. ® FOR COMMISSION ACTION To recommend a fee structure for reservation for park shelter buildings. Review the reservation process, make appropriate recommendations for inclusions, specific procedures, rules or regulations. KV/bls I • Agenda Information Memo September 2, 1986, City Council Meeting Page Two DEPARTMENT HEAD BUSINESS (continued) B. PUBLIC WORKS DEPARTMENT Item 1. Stop Sign Petition, Letendre Street --Enclosed on pages 9 through / is a copy of a petition signed by 45 people requesting the installation of stop signs on Letendre Street at its intersection with Donald Avenue. Enclosed on page is a ;map showing the location of the 45 property owners referenced on this petition in relationship to the specific intersection. In response to complaints regarding speeding, the Police Department has assigned various squad cars to periodically patrol this street to insure compliance with the posted speedlimits. In addition, the Public Works Director will provide an update regarding the construction of Yankee Doodle Road and its impact on this intersection at the September 2 meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the installa- tion of stop signs on Letendre Street at Donald Avenue. 7 lJ TO: Tom Colbert FROM: Joanne O'Keefe City Engineer 8-27-86 cc: Ken Aszmann File, Dear Mr. Colbert: Attached you will see a signed petition from our neighborhood regarding a request for stop signs at the intersection of Letendre Street and Donald Avenue. I personally spoke with each of the households that signed and the general comment was - "Its about time". I can't express the importance of this request. Please understan t at t e construction in t e area is not the cause of this problem; it only emphasises a problem that should have been resolved years ago. We all would appreciate your prompt attention to this matter. Please feel free to call me: 454-5515 evenings or Coca-Cola 454-5460 x 567 S'ncerely, a � ane O'Keefe 679 Letendre Street Eagan, MN 55121 I I FOR CITY USE ONLY Date Received To Council _ Approved PETITION STOP SIGN I/we, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on Letendre Street at the intersection with Donald Avenue I/we, request this installation for the following reasons: 1. With a stop sign at that intersection, the traffic traveling on Letendre will definitely slow down. 2. Letendre Street is a school bus route. Under normal circumstances there are a large number of children at various bus stops; but with the construction in the immediate area, all bus stops will® move down to Letendre. (The bus is not able to go on Donald Ave. or Heritage Lane.) 3. Even after Coachman Road is completely blocked off due to construction, the amount of traffic will remain heavy because of tennants who have to use-Letendre Street from Hwy 13. -" (.i.e:"Bunker Hill-Apts.) —3 other apt -com complexes have their driveway ._: P �P Y entrance on Letendre Street.) I/we request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. NAME (Please print and initial) ADDRESS 1. /i�:E�✓ F&{,O-,AlrE.P. - 3-�XU ,!i' 2.MA2K N1z,�zK ^-n• Nk3. 81J(JJc: 1 ,/SL""Lu'u— 4. 5. 6. 7. 8. 9. 10. 11. 12. !, d"Y',. IS `fir l�ii��t %�vrncJc'r) � 3-)'I't Vov,%.6 .!L�Q 302-1 Dor-.. )ca lc) A u e. r FOR CITY USE ONLY Date Received TO Council Approved. PENTION an61UMeIM I/we, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on Letendre Street at the intersection with Donald Avenue I/we, request this installation for the following reasons: 1• With a stop sign at that intersection, the traffic traveling on Letendre will definitely slow down. 2. Letendre Street is a school bus route. Under normal circumstances there are a large number of children at various bus stops; but with the construction in the immediate area, all bus stops will move down to Letendre. (The bus is not able too go on Donald Ave. or Heritage Lane.) 3. Even after Coachman Road is completely blocked off due to construction, the amount of traffic will remain heavy because of tennants who have to use-Letendre Street from Hwy 13. (i.e. Bunker Hill Apts.,.3 other apt, complexes have their driveway entrance on Letendre Street.) I/we request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. 2 3 4 NAME DD- a.: _ _ .� Lea,.. �� ♦ �` � '_ � � � � ► �I � . . 2 7 elo lZ e /Zv n Ale 7. 330 kVHQN0 8. 9. A 1 10. 11. - - OR r a PETITION, STOP SICi] FOR CITY USE ONLY Date Received To Council _ Approved I/we, the undersigned hereby petition the City Council of the City of Eagan to install stop signs on Letendre Street at the intersection with Donald .Avenue I/we, request this installation for the following reasons: 1• With a stop sign at that intersection, the traffic traveling on Letendre will definitely slow down. 2• Letendre Street is a school bus route. Under normal circumstances there are a large number of children at various bus stops; but with the construction in the immediate area, all bus stops will • move down to Letendre. (The bus is not able to go on Donald Ave. or Heritage Lane.) 3. Even after Coachman Road is completely blocked off due to construction, the amount of traffic will remain heavy because . of tennants-who have to use Letendre Street from Hwy 13. ('1 . iluiil er"Hill Apt's. , 3' oth'e'r apt` complexes have their d4'iVeway' entrance on Letendre Street.) I/we request that the City Council take this petition request under consideration at its earliest opportunity and that we be informed as to when it is scheduled so that we may appear in person if we so choose. NAME (Please print and initial) ADDRESS 1. Nam ICo99- Le4etia f,e �. 2. 0�7 ic�o.e D.0V Ee-'C Kk Oy 10 ci Leiejre S 5 3. y/ 4. 5. 6. 7. 8. 9. 10. 1� 12. 41 3,? 8S lam; 44) LJ 3 x33 Aj &L nname- - 3 z 3 S ��C �l r 22' I i 400123, 41.031 NR.ti WENT PER uzPi raa. D4 2r NS a• • ilo 4..retw>. 2 Gi quare add�tion4 =im :. coURT N AEP W..Io (p N. 'I'Imm� a Oa3�U ..'..E1t EE�llllRECORD PLAT .w DRUM l.me. ±� fo A � Agenda Information September 2., 19-86, Page Three Memo City Council Meeting DEPARTMENT HEAD BUSINESS (continued) B. PUBLIC WORKS DEPARTMENT (continued) Item 2'. Project 381, Review Assessment Appeal (Borchert-Ingersol)-- As the Council recalls, the staff has been working with John Borchert and his attorney in discussing their request for reduction in trunk area storm sewer assessments resulting from Project 381 adopted in October of 1984. The City Attorney and Public Works Director will provide an update regarding various offers and counter offers in consideration of dropping their assessment appeal. ACTION TO BE CONSIDERED ON THIS ITEM: Provide direction to the staff regarding defense of the pending special assessment appeal under Project 381 for the Borchert-Ingersol property. Agenda Information Memo September 2, 1986, City Council Meeting Page Four DEPARTMENT HEAD BUSINESS (continued) PUBLIC WORKS DEPARTMENT (Continued) Item 3: Public Works Maintenance, Contractual Services/Equipment Acquisition --At the June 17 Council agenda, the Council authorized selling vehicle no. 127 (John Deere road grader) back to the dealer under our guaranteed buyback program for $99,000. Subsequently, the Public Works Street Maintenance Division was short one vehicle for the required 8 mainline snowplowing routes for the 1986-87 snow removal season. At the August 5 meeting, the Public Works Director discussed with the Council various options for the replacement of this maintenance vehicle. As a result of that discussion, the Council requested additional information for further consideration. The 1985-86 snow removal season consisted of 7 mainline plowing routes (5 dump trucks and 2 road graders) and 6 cul-de-sac routes. During consideration of the '1986 budget, the Council authorized the acquisition of an additional dump truck to expand our mainline .plowing routes from 7 to 8. This was necessary due to the increased mileage being added to the streets, increasing not only our centerline miles but also the width of several existing streets and turnback of county and state roads. Therefore, the proposed 1986-87 snow removal season would require a total of 21 maintenance personnel (8 mainline drivers, 6 wing men, and 7 cul-de-sac drivers) and 15 snow removing vehicles. The total number of available maintenance personnel in Parks, Streets, and Utility Divisions total 23. Therefore, assuming all maintenance personnel are available for emergency callouts, there are only two personnel available for any park rink/trailway maintenance programs or sewer and water utility operations (treatment plant, water main breaks, meter reading, inspections, sewer backup, etc.). Therefore, the Director of Public Works and Superintendent of Streets/Equipment have evaluated our coming year's manpower and equipment needs in relationship to the recent sale of our road grader and provide the following recommendations for Council consideration and approval: 1. Authorize the advertisement for solicitation of contrac- tual services for snow and ice control for one mainline plowing route and one cul-de-sac route located in the southwestern corner of the City at a cost of approximately $13-15,000. ($4-5,000 not included in 186 budget). • Agenda Information Memo September 2, 1986, City Council Meeting Page Five PUBLIC WORKS DEPARTMENT (continued) Item 3. (continued) 2. Authorize the replacement of vehicle no. '121 (1965 Wabco road grader) as a trade-in on a new road grader under the 1987 budget. With the combined trade-in value of the existing road grader and the $99,000 (+ interest) from the sale of the John Deere grader, the estimated net cost to • replace this vehicle in 1987 would be approximately $25,000. 3. Council approve the replacement of existing vehicle no. 111 (1976 tandem dump truck] as a part of the 1987 budget to insure equipment reliability for the 87-88 snow season. The alternative would be to expand the contractual snow services to incorporate two mainline routes for the 87-88 snow season. 4. Authorize the replacement of the John Deere road grader within the next 45 days at the estimated capital outlay cost of $30,000 (not included in `86 budget). 5. Lease a road grader for the 86-87 snow season at an estimated cost of $15,000 (estimated $3-4,000 not included in 86 budget). Public Works Director 'and Superintendent of Streets/Equipment strongly recommend the Council approve item-..l.zabove. This would provide us with an opportunity to evaluate the feasibility of contractual services for future consideration of personnel and equipment acquisition. Also, it would free up additional standby manpower necessary to insure reliability of emergency callout personnel. The Public Works Director will be available to discuss in further detail the various options presented herein for final Council consideration. ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny contractual services for snow removal operations or the purchase/lease of a road grade to replace vehicle no. 127 (John Deere). E Agenda Information Memo September 2, 1986, City Council Meeting Page ,Six APPOINTMENT OF ALTERNATES TO WATERSHED MANAGEMENT COMMISSIONS Item 4. Appointment of Alternates to Watershed Management Commissions --Provisions in the Joint Powers Agreement establishing the Gun Club Lake and Black Dog Lake Watershed Management Organization's (WMO), the watershed's attorney has recommended that each city formally appoint an alternate for the record to properly protect the voting rights of each community comprising the respective WMOs. The present representatives on each WMO are as follows: Gun Club Lake WMO Tom Colbert (Public Works Director) (West Lane, Citizen at Large) Scott Mer.kley (Citizen at Large) Black Dog Lake Tom Colbert (Public Works Director) Enclosed on page !.a is a letter the staff has received from other citizens who have expressed an interest in serving on these commissions. Other recommendations for consideration would be the City Administrator or Assistant City Engineer. The Public Works Director will provide additional information regarding these appoints at the September 2 meeting. ACTION TO BE CONSIOERBO ON THIS ITEM: Appoint a representative to be the City's alternate for the Gun Club Lake and Black Dog Lake WMO. N 40 0 ,_o .sjR, • DIANNE WARNER HOOD 4773 Beacon Hill Road Eagan, Minnesota 55122 (612) 452-9079 Ms.. -Bea- Bloomquist, Mayor City Council c/o Thomas L. Hedges City Administrator 3830 Pilot Knob Road Eagan, MN 55123 Dear Mr. Hedges: x'6986 After my most recent conversation with Tom Colbert, it has. been brought to my attention that a watershed committee has been established to oversee the project of surveying the ponds, lakes and water areas of the City of Eagan. I would like to take this opportunity to express my deisre to serve on this committee. My reasons for wanting this type of position are as follows: 1. We are homeowners in the City of Eagan. 2. We live on a large pond which is serviced as a drainage area and is in need of restoration. 3. I am a lover of wildlife and spend much of my time and energy keeping the wildlife alive during the winter and enjoying it always. 4. Property values are directly related to the effect that the pond has on them. I have a strong desire to keep those values high. 5. I have worked with the DNR and neighborhood residents in an attempt to bring the beauty of the pond up to par only to find that it is a project that is best handled by experts. 6. I have a love for this City and State and a desire to serve it in any way that I can. I would appreciate your keeping this letter on file for a future position. At this time, if there is anything that I can do to enable this project to be completed, please do not hesitate to contact me. /dwh n Sincerely yours, / Dianne Warner Hood E Agenda Information Memo September 2, 1986, City Council Meeting Page Seven (CONSENT 'AGENDA 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. CONTRACTOR LICENSES A. Contractor Licenses --Attached on page a;7, is a list of the contractors who are renewing or who have been selected and retained as a builder by a customer either living in or planning to resid'e within the City of Eagan. These contractors have references from other municipalities where their client's permit applications are awaiting City Council approval for a Contractor License. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the list of contractor licenses as presented,. a/ CONTRACTORS LICENSES SEPTEMBER 2. 1986 GENERAL CONTRACTORS 1. AMERICAN REMODELING, INC. 2. BALLARD CONSTRUCTION 3. DM'S HOME SERVICE 4. RALPH HANSON CONST 5. KEN HEISE WOODWORKING 6. KNUTSON CONSTRUCTION CO 7. LANGER CONSTRUCTION ® 8. POLLAND BROTHERS CONST 9. PUMP & METER SERVICE WATER SOFTENER 1. LINDSAY WATER CONDITIONING - STEPHEN SCHNEIDER 1. GILBERT MECHANICAL CONTRACTORS 2. LUIKEN'S HTG & A/C 0 3. SPARTAN MECHANICAL PLUMBERS 1. DAVE DEMPSEY PLBG 2. FORD & SONS 3. MURPHY PLBG 4. SPARTAN MECHANICAL Fu M�11011K�s 1. PACIFIC POOL -'� --Z., Agenda Information Memo September 2, 1986, City Council Meeting Page Eight PERSONNEL ITEMS B. Personnel Items --There are two (2) personnel items to be considered: 1. Protective Inspections - Clerk -Typist --Shelley Ketcham, Clerk - Typist in the Protective Inspections Department, has submitted her resignation effective August 29, 1986. ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of Shelley Ketcham and to authorize the advertisement of the vacant position. 2. Part-time Building and Grounds Maintenance Worker --Twelve • applications were received for the vacant position of part-time (20 hours per week) Building and Grounds Maintenance Worker. After screening of the applications, five applicants were inter- viewed by Chief Building Official Peterson, Head Building and Grounds Maintenance Worker Gilsrud and Administrative Assistant Duffy. It is their recommendation that Frank Oster be hired to fill the vacant position, subject to successful completion of the City's physical examination requirement. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of Frank Oster subject to successful completion of the City's physical examination requirement. a3 Agenda Information Memo September 2, 1986, City Council Meeting Page Nine PROJECT 482, RECEIVE PETITION/ORDER FEASIBILITY REPORT C. Project 4482., Receive Petition/Order Feasibility Report (Nancy Clrcle - Streets) --The staff has received a petition from 1008 of the property owners located on Nancy Circle requesting this gravel street be upgraded to City standards with curb and gutter and bituminous surfacing. Therefore, it would be in order for the Council to receive this petition and authorize staff to prepare the feasibility report necessary for the public hearing. ACTION TO BE CONSIDERED ON THIS ITEM: Receive the petition and authorize the preparation of the feasibility report for Project 482 (Nancy Circle - Streets). PROJECT 483, RECEIVE PETITION/ORDER FEASIBILITY REPORT D. Project 483, Receive Petition/Order Feasibility Report (Splashland Water Parks - Trunk Water Main) --Staff has received a petition from the -developers of the proposed Splashland Addn requesting installation of trunk water main and pressure reducing stations. • ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition and authorize the preparation of feasibility report for Project 483 (Splashland - Trunk Water Main). PROJECT 481, RECEIVE REPORT/ORDER PUBLIC HEARING E. Project 481, Receive Report/Order Public Hearing (Blueberry Circle - Storm Sewer.) --On August 19, Council received petition and authorized preparation of a feasibility report which has now been completed providing for the installation of a storm sewer system to handle the backyard drainage problem of several lots north of Blueberry Circle. Now that this report has been completed, it would be in order for the Council to schedule a public hearing to be held on October 7. ACTION TO BE CONSIDERED ON THIS ITEM: Receive the feasibility report for Project 481 (Blueberry Circle - Storm Sewer) and schedule a public hearing to be held on October 7, 1986. a� Agenda Information Memo. September 2, 1986, City Council Meeting Page Ten APPROVE RESOLUTION - LANDSCAPING FOR MnDOT PARR & RIDE SITES F. Approve Resolution, Landscaping for MnDot Park &'Ride Sites -- Recently,, M•nDOT has completed the construction of two park & ride sites along I -35E at Pilot Knob Rd and Cliff Rd. Because these park & ride sites are highly visible to the traveling public and located at strategic intersection in our community, it is felt appropriate for the Council to pass a formal resolution requesting MnDOT to provide substantial landscaping, screening and buffering of these expansive parrking lots from the adjacent roadways simi;ar to requirements of other major developments. Enclosed on page ? is a resolution for Council's consideration and approval regarding this matter,. ACTION TO BE CONSIDERED ON requesting landscaping on MnDOT Mayor and City Clerk to execute LJ THIS ITEM: To pass a resolution park & ride sites and authorize the all related documents. a6 • RESOLUTION MnDOT PARR AND RIDE SITES LANDSCAPING WHEREAS, MnDOT has constructed two park and ride facilities in the City of Eagan under Contract SP1982-104 (35E=390); and WHEREAS, these park and ride parking facilities are located at the corner of major intersections with high traffic volumes and adjacent to residential and commercial zoned properties; and WHEREAS, the City has established standards regarding to screening, buffering and landscaping expansive parking lots from the traveling public and adjacent property owner's view; and WHEREAS, the plans for constructing these park and ride facilities under MnDOT contract make no provisions for any type of landscaping, screening or buffering. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eagan, Dakota County, Minnesota hereby require the Minnesota Department of Transportation to prepare detailed landscape, screening and buffering plans to be reviewed and approved by the City staff and said improvements be completed no later .than July 1, 1987. CITY OF EAGAN CITY COUNCIL By: Its Mayor Attest: Its Clerk Motion made by: Seconded by: Those in favor: Those against: Dated: 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 day of , 1986. 6 E.J. Vanoverbeke, City Clerk Agenda Information Memo September 2, 1986, City Council Meeting Page Eleven,. SET PUBLIC HEARING/EAGAN GENERAL FUND BUDGET G. Set Public Hearing for Public Input on 1987 City of Eagan General Fund Budget --Each year a public hearing is held to allow public input on the development of next year's General Fund Operating Budget. A City Council workshop was held to review the draft of the 19'87 budget on August 25 and another meeting is tentatively scheduled for Monday, 'S'eptember 8. The public hearing is scheduled for the September 16, 1986 meeting and would provide a brief review of the proposed 1987 budget to date and input from the general public. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny setting a public hearing to review the 1987 Eagan General Fund Budget as proposed for the September 16 meeting. • Agenda Information Memo September 2, 1986, City Council Meeting Page Twelve "'-RESTRICTING "PARKING%NICDLS"-ROAD H. - Approve Resolution Restricting Parking on Nicols Road (Cliff to Diffley)--As a condition of state -aid financing for upgrading this' segment of Nicols Road, MnDOT State -Aid requires that the Council approve a resolution restricting all on -street parking between Cliff Road and Diffley Road,. Enclosed on page Z9 is a copy of the resolution required by MnDOT State -Aid. ACTION TO BE 'CONSIDERED ON THIS ITEM: To approve a resolution restricting parking on Nicols Road(.Cliff to Diffley) and,authorize the Mayor and City Clerk to execute all related documents. • CITY OF EAGAN NO PARKING RESOLUTION NICOLS ROAD — S.A.P. 195-122-01 CITY PROJECT 460 FROM: Cliff Road (CSAH 32) TO: Diffley Road (CSAR 30) THIS RESOLUTION, passed the 2nd day of September, 1986, by the City of Eagan in Dakota County, Minnesota. The Municipal corporation shall hereinafter be called the "City". WHEREAS, the "City" has planned the improvement of MSAS 122 Nicols Road from Cliff Road to Diffley Road. WHEREAS, the "City" will be expending Municipal State Aid Funds on the improvement of this Street, and ® WHEREAS, this improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City" has been determined. NOW, THEREFORE, BE IT HEREBY RESOLVED that the "City", shall ban the parking of motor vehicles on the east and west side of MSAS 122 (Nicola Road) at all times. Motion made by: Seconded by: Those in favor: Those against: Dated: September 2, 1986 CITY OF FAGAN CITY COUNCIL ® By: Its Mayor Attest: Its Clerk CERTIFICATION I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County, MN, 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 2nd day of September, 1986. E.J. VanOverbeke, City Clerk, City of Eagan M Agenda Information September 2, 1986, Page Thirteen Memo City Council Meeting CONTRACT 85-3/FINAL PAYMENT/SLATERS ACRES T. Contract 85-3, Final Payment/Acceptance (Slaters Acres) --Staff has received a request for final payment from the Contractor through our consulting engineering firm along with a certification of compliance with City -approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and found to be in order for final acceptance for perpetual maintenance by Council action. ACTION TO BE CONSIDERED ON THIS ITEM: Approve the sixth and final payment for Contract 85-3 (Slaters Acres) to L & G Rehbein, Inc., in the amount of $14,755.62 and accept the improvements for • perpetual City maintenance. CONTRACT 84-9/FINAL PAYMENT/LEXINGTON AVENUE J. Contract 84-9, Final Payment/Acceptance (Lexington Avenue Trunk Water Main') --We have received a request for final payment and acceptance from the Contractor through our consulting engineer- ing firm along with a certification of compliance with City approved plans and specifications. All final inspections have been performed by representatives of the Public Works Department and a recommendation is being forwarded for final payment and acceptance for perpetual maintenance. All claims associated with the water main leak in front of the Eric Spring residence on Lexington Avenue have been satisfactorily resolved. This was the final issue holding up the release of the retainage escrow account of $31,000. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the sixth and final payment for Contract 84-9 (Lexington Avenue - Trunk Water Main) through the release of the escrow account retainage in the amount of $31,000 and accept this improvement for perpetual City maintenance. '50 Agenda Information Memo September 2, 19186, City Council Meeting Page Fourteen BLACKDOG LAKE/AMEND JOINT POWERS AGREEMENT K:' Blackdog Lake Watershed, Approve Amendment to Joint Powers Agreement --In order to form the Blackdog Lake Watershed Management Organization, the Cities of Eagan, Burnsville, Apple Valley, Lakeville and Savage had enter into a joint powers agreement establishing this commission. The joint powers agreement allows each community to designate representatives to this organization. However, it -did not provide for the recognition of designated alternates with voting, rights in the absence of the designated community's representative. Therefore, the attorney for the watershed has prepared an amendment to the joint powers agreement allowing each community to designate specific alternates to insure adequate representation during the ®' absence of the primary representative,. Enclosed on page 52, is a copy of the amendment being presented to the Council. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the first amend- ment, to joint powers agreement for the Blackdog Lake Watershed Management Organization and authorize the Mayor and City Clerk to execute all related documents. 40 31 FIRST AMENDMENT TO THE JOINT POWERS AGREEMENT ESTABLISHING A WATERSHED MANAGEMENT ORGANIZATION FOR THE BLACK DOG LAKE WATERSHED The parties to the Joint"Powers Agreement 'for the Mack Dog Lake Watershed hereby agree that Paragraph 6 of the Agreement is amended by adding Subdivision 6 to read as follows: Subdivision 6.Each group may appoint one alternate commis- sioner for each regular commissioner they have the right to appoint. The alternate commissioner shall be selected in the same manner as regular commissioners. Each alternate commissioner shall be an alternate for a specific designated commissioner or commissioners. The term of the alternates shall coincide with the term of the commissioner they are acting as an alternate for. In the absence of the • regular commissioner, the alternate may vote and act in that commissioner's place. IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minn. Stat. §471.59. Approved by the City Council CITY OF LAKEVILLE 1986. BY: ® ATTEST: Approved by the City Council , 1986. Approved by the City Council 1986. CITY OF BURNSVILLE BY: ATTEST: CITY OF EAGAN BY: ATTEST: Approved by the City Council CITY OF SAVAGE , 1986. BY: 3v ATTEST: • Agenda Information Memo September 2, 1986, City Council Meeting Page fifteen FINAL PLAT/TOWN CENTRE 100 SECOND ADDITION L. Approve Final Plat, Town Centre 100 Second Addition --We have received an application for final plat approval for the Town Centre 100 Second Addition located between Yankee Doodle Road and. Town Centre Drive just east of Denmark Avenue as shown by the final plat enclosed on page_. All conditions placed on the preliminary plat approval of July 1:, 1986, have been complied with in this final plat application. In addition, all application material has been reviewed by staff and found to be in order for favorable Council action. ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Town Centre 100 Second Addition and authorize the Mayor and City Clerk to execute all related documents. 55 • TOWN CENTRE 100 SECOND ADDITION N IT e.:. Y.. IIYI•Y`M I,NN, R.\MIt...Cpm el n ......I. b. r I.a.nl.Tlw nl. "It. bnnew '.IAt eI .mu' .Jle.ar to Ptna. [e..tl Yo -Ft a rrt 1. alar .a Jlnl.lnv 1 .IY. bow 1._ errelauy.exetl .I.a. - BOERNAVE I.\HU SUR VEYINO urnmr • DAKOTA COUNTY ROAD 140. ::B 0ANKEE ..:.UULE fl�l TAINS. MINN DEPT. or " .. nsn N� .�]`1r_ MO 3a'DI[ 91i.11T LI MAY FLIT G'f1 _„= >IRE TOWNLOT 'E'ITRE �.IU I TF— I,- sUTI_uTA BLOCKA--� TOWN ALN IRE UIiNEINFIRST� 1..... : ;a :, In.........M.wa;.:.r•;IY n. Y......a.a..; ;1.... .:.I1. Wtlea .. iP. [[IT. le. rwR UnrTIP. .cce..IN {e"a4 .•r..Ja/IM lM.wf. v.M a r xr .M plwaN • iP• CTR . 11. IIN.e .CCITIP .M N Y.Y/ •` • MI'e uelc u.. `e. r r l�..l.. ;.�•N-1 .u. W .al lltl pu•p... sl .e •1. ..el... ao e..eb [wRT tM .ICP`er • • • Tl.\. Ie .Itnx. .n. .e1 ..If u. II.I Aa. Cew.aw.l M. .l Y.•e.• rx..l rA.•nnlr..r . •.M an.. pr••.na.•aa b •late ..w...l M L �.`. `. .I r•wn ... .nlp. r..aY. UI• ` en nr 1T � .na .ae . Ynt ninr pu. .. .. .air.{ E.—.x M•.T(iie i1wJ eT la. errr. .11lna. .M la. wTe•t• Y.1 {e Y r anl. ie e•. e1 1._ .KU . [.rptClLL T R Twvt uJ ferY. . wnY. F.�T F�f—IeT—C ry.iZ •OYYT Yr a.•YRLL ... a. p/ la. Y IY i.R eT . .NIT.1 . T. f.r•rlw In'a r•ne `•ratn`wlf '•. Yb•. Y UIN IN, •f [wm P 1 s•Rrr. • Te. [+Iw. �m— Ia..T uN1-4. • rrr.n. ..n;r el { rat un T r\. • .Inrwu fTnl wMYn In Y' MII el rn•le.ra,.rel.cl• ••a.R M1.11. esaT. Nra.. {TR{ eT F'�IVr.I TM 1r4N1N tel•. . .c.w•IJ.J YI .. Y.UI. ../ .1 fNm Cr I IT .InY�piliTC�i r—I uT—n.ir�ec . on. eCT)�. . uiT/ Iwla. .•N n I ! r .J •lu wry crlY. MAI NUbmI I r T� f M i "r`ln •`r..rN.[al lr^:`• n..r aer .MA ua .I.'m� l• I.r lT;�lw`. • rt.'.1a�relUu Uw. r. Y ra1.Ma arep011c1.NM ~`Y Ir`Ya1Tmr.lYf ' o�..w....ru..lw _�iuie• 1..r wue LarR. n_wR.. e.T e1 u I w eYT mweu .f i.\.•. u;...�. .oa.aM ;nl. rwT CITY C IL P YLY.. NITN"L N NAC Y CI.A le Ce_ar lll. {.r e1 rn_Ya. I.11. .M aM pan. c— I. LNIIC.r. rNt OHI..r.. ui.`sw n.. Y., .w•n.N ml. — ear e1 u_ • 1 nfe_I..1 .nM .Iw el .Iw f.R.. lee NCPo .enirlP .F.w.. A rnl 1... ........ : Nyr • Cwnl. r[nn .M nrN FIIya1�•t eI, C�Ir Y.... .1 e. . C 1.�I,I,...oa.. C[fiTCe tl.I.I. ••a. 1 � IW.r.RIM r UI. mn anu u. nfm ammo. Y.. _rrae QT. — ear .I u_ 1 I. -N m.tll U.. Yu luu •u rllr b n slaw J aY fwq M.Nf IY I.wN ant. IT . 1.Mm ..r w. Nq .rrr u Agenda Information September 2, 1986, Page Sixteen Memo City Council Meeting ..F:INAL.:PLAT/LEXINGTON_PLACE 'SOUTH.3RD-ADDITION M. Approval Final Plat, Lexington Place South 3rd Addition --We have received an application for final plat approval for the Lexington Place South 3rd Addition which is a replat of the outlot of the 1st Addition originally designated as open space. This plat, as shown by the map enclosed on page,:?j6, , is located just east of Lexington Avenue between Blue Jay Way and Falcon Way. All conditions placed on the preliminary plat approval of April 1, 1986, have been satisfactorily complied with in the final plat application. In addition, all submitted materials have been reviewed by staff and found to be in order for favorable Council action. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat for Lexington Place South 3rd Addition and authorize the Mayor and City Clerk to; execute all related documents. • E LEXINGTON PLACE -N- r • � w a icw4 FALCON SOUTH 3RD ADDITION '- lrr �- Ar Yi ^ � •Y r � n • 1 Ir••r i ...w Y.. .�Y � yr Ir f. «... '1^«ru r Y•. f. YI•.�r rY r. rr.► r w rr� Ir1 �•.I. r .. ��rr�r .m..w w�r►w �•.�r�Y.. r�rr.rr r...r. � trr ��• rr y r• rr. �. FI Y rr1 r r.. w Y� r1 ' � ..rl �I rr nr•rr Irr• � f.�rr. 11•�r •.rrr w .rr rr .r. r r I�r ► rrrrrr l.rr •r`�r r rte. I Iw.r_ • w �. r r rr �.JI r � • II iV ILII �1 [w•I•r r s-11 I I•Y V. Ir r ► f�.r r� ..•.•. ..� . r.rr �w r. r rwa .. r r .r.. �.I lrr.�rr•:� ► Ir.wr..rl .�.. ti.r,rr r► M.•r• �r•..r•••V w rYI Irr. r1 r...r.� ►err I.... rr+.. r1.►.rr+�►Ir .L �«.r�..rar...�..w�.r .r • M�•I M . �1 .. r. 1 rr r f�.rr. IY..I/►. ria Y �.f•ww tiv n . • r . I -_ I. r w V. Yr► Irk. w•• ►IwY �. Iy w rr �./ r. EXHIBIT "A" lye -ed' q pp/T/awq Agenda Information Memo September 2, 1986, City Council Meeting Page Seventeen PROJECT 447/LONE OAK ADDITION A. Final Assessment Hearing for Project 447 (Lone Oak Addition - Trunk Water Main) --On August 5, the final assessment roll for the installation of trunk water main to service the Lone Oak Addition along Trunk Highway 149 was presented to the Council with the public hearing being scheduled for September 2. Enclosed on page is a tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing held on July 16, 1986. All notices have been published in the legal newspaper and sent to all property owners proposed to be assessed under this project. As of this date, the staff has not received any objections to these proposed • assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 447 (Lone Oak Addition - Trunk Water Main) and authorize its certifi- cation to the County for collection. • 37 FINAL ASSESSMENT HEARING PROJECT NO: 447 SUBDIVISION/AREA:Lone Oak Addition FINAL ASSESSMEENT HEARING: September 2, 1986 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. Feasibility Report FINAL F.R. WATER RATES RATES 0 Area Laterals $346.82/ $620.00/ Service lot ___1_ot _ ©Single Fam: Lat. Benefit/Trunk 511 _,98 /F $1 18/7F Comm/Indust: STORM-- _0 TORM-- Area Laterals `• NUMBER OF PARCELS AFFECTED: FINAL F.R. SANITARY RATES RATES Area Laterals Service Lat. Benefit/Trunk STREETS Gravel Base Surfacing Res. Equiv. NUMBER OF YEARS ASSESSED: 15 RATE OF INTEREST: 9$' TOTAL AMOUNT ASSESSED:_ $213.619.60 (F.R. $223,309.90) CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-22 PUBLIC HEARING DATE: July 16, 1985 Agenda Information Memo September 2, 19:86, City Council Meeting Page Eighteen PROJECT 453/ROBINS ADDITION B. Final Assessment Hearing for Project 453 (Robins Addition - Utilities) --On August 5, the final assessment roll for the installation of sanitary sewer and water main to service the Robins Addition and adjacent parcels was presented to the Council with the public hearing being scheduled for September 2. Enclosed on page is a tablulation of the final assessments rates as compar d to those estimated in the feasibility report presented at the public hearing held on August 6, 1985. All notices have been published in the legal newspaper and sent to all property owners proposed to be assessed under- this project. As of this • date, the staff has not received any objections to these proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 453 ('Robins Addition - Utililties,) and authorize its certification to the County for collection. 3� FINAL ASSESSMENT HEARING PROJECT -NO: 453 + SUBDIVISION/AREA: Robins Addition & Parcels 090-00, 010-28, 020-28 , NW 1/4 Sec 2 FINAL ASSESSMEENT HEARING: September 2, 1986 STORM 1r`.1'1 Area Laterals NUMBER OF PARCELS AFFECTED: 8 NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: 9.0% STREETS Gravel Base Surfacing Res. Equiv. TOTAL AMOUNT ASSESSED: $619,851.45 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-22 PUBLIC HEARING DATE: Auqust 6, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. . Feasibility Report FINAL F.R. FINAL F.R. WATER RATES RATES SANITARY RATES RATES $3,020.00/ $3,020.00/ �--7 10 Area -both acre acre Area $1,925.48/ -s-2,6577-777=7 $2,724 • Laterals -Robins acre acre Laterals -Robins acre acre -r2—,0-4 8 QService $1:,938 69/ -Robins service service F� Service Lat. Benefit/Trunk $19.57/ff $19.57/ff Lat. Benefit/Trunk Parcels 090-00, 010-28, 020-28 STORM 1r`.1'1 Area Laterals NUMBER OF PARCELS AFFECTED: 8 NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: 9.0% STREETS Gravel Base Surfacing Res. Equiv. TOTAL AMOUNT ASSESSED: $619,851.45 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-22 PUBLIC HEARING DATE: Auqust 6, 1985 Agenda Information Memo September 2, 1986, City Council Meeting Page Nineteen PROJECT 456/EAGANDALE COURT C. Final Assessment Hearing for Project 456 (Eagandale, Court - Streets & Utilities) --On August 5, the final assessment roll for the installation of streets and utilities for the construction of Eagandale Court was presented to the Council with the public hearing being scheduled for September 2. Enclosed on pagews a tabulation of the final assessment rates as compared to those estimated in the feasibility report presented at the public hearing on October 1, 1985. All notices have been published in the legal newspaper and sent to all property owners proposed to be assessed under this project. As of this date, the staff has not,.received any objections to these proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM. To close the public hearing and approve/modify the final assessment roll for Project 456 (Eagandale Court - Streets and Utilities) and authorize its certification to the County for collection. q i FINAL ASSESSMENT HEARING PROJECT NO: 456 SUBDIVISION/AREA: Eagandale Court FINAL ASSESSMEENT HEARING: September 2, 1986 STORH STREETS Area _ Gravel Base ® $12,542.18/ $14,510/ $19,694.50 -$17,673/ Laterals lot lot Q Surfacing lot lot Res. Equiv. NUMBER OF PARCELS AFFECTED: 3 NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: TOTAL AMOUNT ASSESSED: __$131.473.45 (F.R. _ $158,608) CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-2 PUBLIC HEARING DATE: October 1, 1985 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. Feasibility Report FINAL F.R. FINAL F.R. MATER RATES RATES SANITARY RATES RATES Area ❑ Area $6,584.35/ $13,133/ Laterals lot lot F-xj Laterals $15,010.36 $22,660 (lot 6, block 4) Service ❑ Service E) Lat. Benefit/Trunk Lat. Benefit/Trunk STORH STREETS Area _ Gravel Base ® $12,542.18/ $14,510/ $19,694.50 -$17,673/ Laterals lot lot Q Surfacing lot lot Res. Equiv. NUMBER OF PARCELS AFFECTED: 3 NUMBER OF YEARS ASSESSED: 10 RATE OF INTEREST: TOTAL AMOUNT ASSESSED: __$131.473.45 (F.R. _ $158,608) CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-2 PUBLIC HEARING DATE: October 1, 1985 Agenda Information Memo September 2, 1986, City Council Meeting Page Twenty PROJECT 451/HAMPTON HEIGHTS D. Final Assessment Hearing for Project 451 (Hampton Heights - Trunk Water Main) --On August 5, the final assessment roll for the installation of trunk water main providing lateral benefit to the Hampton Heights Addition was presented to the Council with the public hearing being scheduled for September 2. Enclosed on page is a tabulation of the final assessment rates as compared tb those estimated in the feasibility report presented at the public hearing held on August 6, 1985. All notices have been published in the legal newspaper and sent to all property owners proposed to be assessed under this project. As of this date, the staff has not received any objections to these proposed • assessments. • ACTION TO BE CONSIDERED ON THIS ITEM: To and approve/mod'ify the final assessment (Hampton Heights - Trunk Water Main) and cation to the'County for collection.. �3. close the public hearing roll for Project 451 authorize its certifi- FINAL ASSESSMENT HEARING PROJECT NO: 451 SUBDIVISION/AREA: HAMPTON HEIGHTS FINAL ASSESSMEENT HEARING: SEPTEMBER 2, 1986 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F. R. Feasibility Report FINAL F.R. WATER RATES RATES Area $1.190/acre $1,190/acre Laterals Service ® Lat. Benefit/Trunk $582.78/lot $638.00/lot STORM Area Laterals SANITARY Area Laterals Service Lat. Benefit/Trunk TREETS Gravel Base Surfacing Res. Equiv. NUMBER OF PARCELS AFFECTED: 130 NUMBER OF YEARS ASSESSED: 5 RATE OF INTEREST: 8.5% TOTAL AMOUNT ASSESSED: $87,986.10 CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 86 - 15 PUBLIC HEARING DATE: August 6, 1985 U FINAL RATES F. R. RATES Agenda Information September 2, 1986, Page Twnety-One Memo City Council Meeting PROJECT 424/EAGANDALE LEMAY LAKE 1ST ADDITION R. Final Assessment Hearing for Project 424 (Eagandale Lemay Lake lst Addition - Streets & Utilities) --On August 5, the final assessment roll for the installation of streets and utilities to service the Eagandale Lemay Lake 1st Addition apartment complex was presented to the Council with the p blic hearing being scheduled for September 2. Enclosed on page and _jq is a tabulation of the final assessment rates as comparedto those estimated in the feasibility report presented at the public hearing held on April 2, 1985., All notices have been published in the legal newspaper and sent to all property owners proposed to be assessed under this project. As of this date, the: staff has not received ® any objections to these proposed assessments. ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing and approve/modify the final assessment roll for Project 424 (Eagandale Lemay Lake Addition - Streets and Utilities) and authorize its certification to the County for collection. • Y NE FINAL ASSESSMENT HEARING 'PROJECT 190: 424 - SUBDIVISION/AREA: EAGANDALE LE MAY LASE 1ST AND 2ND ADDITIONS, EAGANDALE CENTER INDUSTRIAL PARS FINAL ASSESSMENT HEARING: SEPEMBER 2, 1986 IMPROVEMENTS INSTALLED AND/OR ASSESSED: F.H. = Feasibility Report SANITARY SEWER RATES Area -0- (1) Laterals: ($/C.L. Foot) Eagandale LeMay Lake 1st Add $ 34.41 Eagandale LeMay Lake 2nd Add (Sewer) $ 28.12 (Overdepth) $ 24.13 Service: Eagandale LeMay Lake 1st Add (L1, B2) Eagandale LeMay Lake 2nd Add W, B1) Lateral Benefit/Trunk $807.20 (lump sum) $384.71 (lump sum) !M F.R. RATES -0- $42.73 $72.84 $8.60 $0.00 $0.00 SSE (1) F.R. Rates based on Feasibility Report Estimated Assessments divided by - final centerline footage which is from final plat dimensions. • Services -0- _ -0- Lat Benefit/Trunk: ($/F.F) Eagandale LeMay Lake 1st Add $19.57 $19.57 (2) F.R. Rates based on Feasibility Report Estimated Assesssments divided by final centerline footage which is from final plat dimensions. T� FINAL F.R. WATER RATES RATES Area -0- -0- (2) Laterals: ($/C.L. Foot) Eagandale LeMay Lake 1st Add $19.94 $21.42 Win street) Eagandale LeMay Lake 1st Add $24.01 $36.34 (w/in L1, B2) Eagandale LeMay Lake 2nd Add $29.35 $25.04 (w/in street) Services -0- _ -0- Lat Benefit/Trunk: ($/F.F) Eagandale LeMay Lake 1st Add $19.57 $19.57 (2) F.R. Rates based on Feasibility Report Estimated Assesssments divided by final centerline footage which is from final plat dimensions. T� NUMBER OF PARCELS AFFECTED: 32 NUMBER OF YEARS ASSESSED: 5 RATE OF INTEREST: 9.0% TOTAL AMOUNT ASSESSED: $762,988.48 (F.R. $828,127) CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-7 PUBLIC HEARING DATE: APRIL 2, 1985 FINAL -F.R. STORM SEWER RATES RATES Area: ($/S.F.) Eagandale LeMay Lake 1st Addition Lot 1, Block 1 $0.072 $0.072 Lot 1, Block 2 $0.061 $0.061 Eagandale LeMay Lake 2nd Addition $0.072 $0.072 (3) Laterals: ($/C.L. Foot) Eagandale LeMay Lake 1st Addition Lot 1, Block 2 Win L1, B2) $55.64, $45.14 Lot 1, Block 2 (w/in street) $49.05 $45.14 Eagandale LeMay Lake 2nd Addition $49.05 $45.14 Eagandale Center Industrial Park $O.O766/S.F $0.0862/S.F. (3) F.R. Rates based on Feasibility Report Estimated Assessments divided by final centerline footage which is from final plat dimensions. FINAL F.R. STREETS RATES RATES Eagandale LeMay Lake 1st Addition $62.73/F.F. $48.O7/F.F. Eagandale LeMay Lake 2nd Addition $62.73/F.F. $48.07/F.F. NUMBER OF PARCELS AFFECTED: 32 NUMBER OF YEARS ASSESSED: 5 RATE OF INTEREST: 9.0% TOTAL AMOUNT ASSESSED: $762,988.48 (F.R. $828,127) CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-7 PUBLIC HEARING DATE: APRIL 2, 1985 Agenda Information Memo September 2, 1986,,City Council Meeting Page Twenty-two VACATION OF STREET EASEMENT F. Vacation of Street Easement, Eagandale Lemay Lake lst Addition --On June 3, the Council passed a resolution formally releasing all interests in that portion of the street and utility easement for Eagandale Place dedicated to the City by deed conveyance as a part of the Eagandale Lemay Lake 1st Addn. Due to the fact that this easement was formally recorded at the County, it is now necessary for the City to vacate this through the formal public hearing process. On August 5, the Council received the formal petition and scheduled the public hearing to discuss this vacation on'September 2. Enclosed on page � is a description of that portion of Eagandale Place proposed to be vacated. This street and utility easement has been dedicated in like kind as a part of the platting of the Eagandale Lemay Lake 2nd Addn. All notices have been published in a legal newspaper and sent to all potentially interested utility companies. As of this date, the staff has not received any objections to this proposed vacation. ACTION TO, BE CONSIDERED ON THIS ITEM: To close a public hearing and aapprove the vacation of. that portion of Eagandale Place as described nd conveyed with the Eagandale Lemay Lake 1st Addn and authorize the Mayor and City Clerk to execute all related documents.. O Y \94,0, <i 0]12.59'47'CHD.8R0s 574.36'07"W `!A La Z U) LaEL L=757 R=33.36. '\.� : tw L=2237'R6'CHD.BR6=57014901"W .+ _ 236.03 .. SKETCH FOR PROPOSED ROAD AND UTILITY ' EASEMENT: EAST. 1/4 OF THE NE 1/4 OF THE NW 1/4 SEC. 10, T27, R23. - ,`� crF <i `!A La Z U) LaEL La O0N 0- < l) iJ LJ _j <i 1 , l �J --J I I �/ I— <1 C -L _ %1 ,•L l_ I , 1 „E"'. cccecCc Czrd Sce ra•c7'in� Fce c. I PA1 E Br»••�Kren hee..] 11W1 B�apm...vraq uN ff.]v VA M. r D (1 m 30 �, £ ISL=6.93 R=176.03 `` A=1.55'54'& D.BRO.=N72'34'03•E L=45.49 R=3000 L-86.52'21" CHD.SR0=N26'09'56'E Op V_ TN O 1 WEST LINE OF THE EAST 1/4 1 OF THE NE 1/4 OF THE NW 1/4 201 i SEG 10, 727, R23 o "� N .. IN IL N ID 20 1 SHEET 2 OF 2 SHEETS crF `!A La Z U) LaEL La O0N 0- < l) 1 WEST LINE OF THE EAST 1/4 1 OF THE NE 1/4 OF THE NW 1/4 201 i SEG 10, 727, R23 o "� N .. IN IL N ID 20 1 SHEET 2 OF 2 SHEETS Agenda Information Memo September 2, 1986, City Council Meeting Page Twenty -Three VACATION OF DRAINAGE S UTILITY EASEMENT G. Vacation of Drainage & Utility Easement, Lot 3, Block 1, Eagandale Center Industrial Park --On August 5, the Council received a petition to vacate the common lot line drainage and utility easement adjacent to Lot 3, Block 1, Eagandale Center Industrial Park as shown by the map enclosed on .page 5J . Subsequently, a public hearing was • scheduled to formally consider this vacation on September 2. All notices have been published in a legal paper and sent to all potentially affected utility companies. As of this date, the staff has not received any objections to this proposed vacation. The vacation of this easement is a condition of the final platting of the Eagandale Office Park 4th Addn (Compri Hotel 6 Restaurant). ACTION TO BE CONSIDERED ON THIS ITEM-: To close public hearing and approve the vacation of the drainage and utility easement over Lot 3, Block 1, Eagandale Center Industrial Park and authorize Mayor and City Clerk to execute all related documents. • 10 EAGANDALE CENTER INDUSTRIAL PARK EASEMENT VACATION SKETCH WAY "NO' 494 IN�itS�ATE HIGH / ry J r+ 1 I ® L JT 1 _ r ' R[�J] ~ y 11V IV JT ' LOT , Io DRAI GE B UnLIT1 EASE T TO BE VACAT W CORPORATE $ CI 1 66 E]��a"JCA! E I W �,FF.CE WPI Ia V -5V-D ,.'- DRIVE $ i'a4K ---- EA)JA"JL1- LCSI=FiCE FA RK • 2 AJC\ OR, ADDITION �sW l F W u PROPOSED DESCRIPTION OF EASEMENT VACATION The 10 foot wide Drainage and Utility Easement as dedicated on the easterly 10 feet of Lot 3, Block 1, EAGANDALE CENTER INDUSTRIAL PARK, accord- t -i i� r.,. DENOTES EASEMENT TO �--I BE VACATED W a U N ing to the recorded plat thereof, Dakota County, Minnesota. sonde 1L"n4l 5..rvcye..:g Anc. cml E. Baanlnpt.n Fi..�.]Y 115v]) Bnomirgian. MN SSA pp)Ub]19 - Agenda lnformation Memo September 2, 1986, City Council Meeting Page Twenty -Four VACATION OF DRAINAGE 6 UTILITY EASEMENT H. Vacation of Drainage s Utility Easement, Lot 1, Block 2, Town Center 100 Addition --On August 5, the Council received a petition to vacate a common lot line drainage and utility easement located over the west line of Lot 1, Block 2, Town Center 10'0 lst Addn as shown on page -53 . A comparable easement is being dedicated to the City •as a part of the final plat for the Town Center 100 3rd Addn. All notices have been published in a legal newspaper and sent to all utility companies. As of this date, the staff has not received any objections to this proposed vacation. ACTION TO BE CONSIDERED ON THIS ITEM: To close public hearing and approve the vacation of the common lot 'line drainage and utility easement adjacent- to Lot 1, Block 2 and all of Lot D of Town Center 1010 lst Addn and authorize the Mayor and City Clerk to execute all related documents.. • �Y N 89617 1 51 11 E --- 2641.28 --- T ' EXHIBIT "A" N STATE OF MINNESOTi Dakota County Cast, Iron Monument (found) COUNTY OF -.._.'N."E:"Cor.--Sec.-1'5,'_1rWp..'27,"-Rge. "23 (YANKEE 40.000 25.46 --'025.46 a` ROAD) 40.00 60.00- -255.00 -I O o 45000 I 470.50 OT I I w O,N ' 10 N N ITo I - ao oil 0.5 iLdW I Do I OU TLOT, o )540.00 'E m d� s 371.59 •_ \ yv% N 89.17 51"E `•., \N IOC L%,1 I r NM O"Q N 4 6 CA �UTLOT ,nC04 's �o E zr�� j I F 1 n1N 3--- w O , o 0 0 olp to . • H I \ Al N�0 IM 46 403.10 5.00 �V SO 42'04'E ,6 i W C'.* •` t CURVE •! :)-• l D=37.37'45" r••y, 1.•' O Z M1 r L= 154.21 t. W R=234.80 RE_139 •l c795 -- uce•Irc ELE V = 883.2 FT.I IL II, 1985 Y LINE . l F,-�2L0V . P .t. I _v,• 102.f S89.17103 W'� rt: )'votJ!'+ \ 1568.90 t �OUTLOT. C f< 1 UTILITY AND DRAINJGE al EASEMENTS BEING n$ 0 U T L O T D VACATED Z CURVE r•. L7N i C=37.37'43'1 N89 TSI'�E'-•'_ Additio I - L= 250.59 R= 381.55 15 feet o be 150.00 I m w conve ed o ppOqqJJ �_� N O e23a' -01 cn ,. 5=1�� 188_04 150.00 10 60 I •y234 c32 / f7'31. 33.40f1 .LL - O -kE�4 3.00' .124 y24 338.09, 60Ci' .5234 pc32 � CURVE) J 1 D = 32.52134" ; L= 143.45 - pl, R= 250.00 N r a o O�•�1I - I UO C! , 117752 - - d �_• - SY II REVIEWED i1 ZA Agenda Information Memo September 2, 1986, City Council Meeting Page Twenty -Five • ON/OFF SALE LIQUOR LICENSE INVESTIGATION POLICY A. Review Policy for On and Off Sale Liquor License Investigation - At the August 5, 1986, City Council meeting, the City Administrator and Police Chief presented an on and off sale liquor license fee policy change for consideration. Questions were raised at the meeting regarding the proposed ,escrow and a rationale for the increase in fees. The Director of Finance has reviewed the liquor license investigation fee and is presenting a table that distinguishes a difference in the investigation fee between applicants from the state of Minnesota and outside the state. For a copy of that memo„ refer toi pages S through ,�. For, a copy of the information that was provided in the August 5 • City Council packet as prepared by Administrative Captain Geagan, refer to pagesthrough 6/ . A representative of the Police Department will be present to answer any questions that the City Council might have regarding further ,purpose for instituting an escrow policy for on and off sale liquor license investigation fees. • ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny an increase in the fees for the investigation of on and off sale liquor license applications. 6y MEMO TO: CITY ADMINISTRATOR HEDGES FROM: FINANCE DIRECTOR/CITY CLERK DATE: AUGUST 12, 1986 SUBJECT: LIQUOR LICENSE, INVESTIGATION FEE At your request, I have reviewed the proposed fee for liquor license investigations. Currently the City charges a flat $500 for each license application whether on or off sale. The same fee is charged regardless of the number of applicants with a 5% or greater share and without regard to where or how the .bulk of the investigation must be conducted. At the time that fee was approved, it was assumed that it would be a reasonable average of ® the costs incurred by the City. At that time, the City was also dealing prmarily with local ownership as opposed to the current situation which in certain cases has taken on a national scope. Given the City's policy for covering only out of pocket expenses while reducing potential hardships on applicants, I believe that a reduced flat fee combined with a cash escrow account against which the out of pocket costs could be billed, would be an appropriate method to place primary financial responsibility for the investigation with the applicant. For the sake of simplicity I would propose that the same fee structure apply to both on and off sale license investigations and that no change be made to current beer and wine investigation fees. Potential City expenses would be greater for any investigation required to be conducted out of the State of Minnesota so I would use the higher escrow deposit for any application showing one or ® more applicants having an out of state residence. Although the following table illustrates a possibility, different dollar amounts may be more appropriate and could be given consideration. Base Fee Escrow The base fee or no travel refundable. Proposed Current Minnesota Out of State $500 $300 $1,000 $300 $2,000 would cover routine investigations with metropolitan as well as all administrative time and would be non - The escrow account would cover travel and lodging expenses as well as consultive attorney and fiscal fees with the balance being refunded upon completion of the investigation. The eventual outcome of license issuance/nonissuance would not affect this financial arrangement. Any shortfall would be billed to the applicant after the fact. 55 Liquor License Investigation Fee August 12, 1986 Page Two This proposal does not bill any investigator's hourly wage into the escrow charge. The Chief Investigator's rate of pay is nearly $17 per hour, consequently, the $300 would cover approximately 17 hours. This amount would more than likely be exceeded if there is much travel involved or if there are a number of people with greater than a five per cent investment requiring investigation. Overtime payments would certainly compound the costs and would be a possibility in certain situations. It might be appropriate to require payment from the escrow account for hourly wages in excess of a particular number of hours, i.e. 10 - 15. I have reviewed this -material with Administrative Captain Geagan and i -t is consistent with his ideas for the investigative process. We feel that the proposal is fair and equitable and would not cause a hardship on any applicant capable of operating a liquor establishment in the City. I will be happy to discuss the matter in more detail or provide any additional information you may desire. (A Fin a Director/City Clerk cc: Administrative Captain Geagan EJV/j eh MAY r 1 U police department Ay M. BERTH cnw a.aia PATRICK J. GEAGAN Mminhunln Govin ®■ czagan KENNETH O. ASZMANN 3830 Pilot Knob Road Eagan, Minnesota 55122 28 July 1986 TO: Thomas L. Hedges, City Administrator FROM: Administrative Captain SUBJECT: ON and OFF SALE LIQUOR LICENSE APPLICATIONS & INVESTIGATIONS The police department would like to suggest that we make a significant change in the current method of conducting investiga- tions relative to on and off sale liquor license applications. With the exception of one license in the city, most of our past investigations have been conducted within the State of Minnesota and information has been relatively easy to obtain. We have experienced some problems with those investigations as we have not demanded substantiating documentation of what they put on the liquor license application. The department is concerned that with the growth of the city and the number of outside people interested in liquor licenses in our city, unless we change our liquor license investigation procedure, we could have a serious problem in the future. We believe it is very important for the city to have an indepth background check on any individuals or corporations that apply for a license within this community. It is important, parti- cularly when considering outside interests, that we know where the finances are coming from for the establishment and exactly who the individuals are who will be involved with it and their background. I have researched the method of application and investigation in the cities of Burnsville and Bloomington, and they are essentially the same in nature. I have discussed the procedure with Gene VanOverbeke and Dave Keller and they have agreed that the items listed below are possible to get. Prior to any investigation, we would require from an applicant the following items: 1. On Sale or Off Sale a. Part I - Application for Liquor License General Informa- tion - 2 copies. ', THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Thomas L. Hedges Page Two b. Part II - Personal Information - 2 copies. NOTE: Parts I and II would be the basic working document for the background information (financial and legal) on the individuals. c. Partnership Agreement - 2 copies where applicable. d. Corporation Records - 2 copies where applicable. e. Trade Names Certificates - 2 copies. f. Certificate of Incorporation - 2 copies. g. Articles of Incorporation - 2 copies. h. By-laws - 2 copies. i. Foreign Corporations - Certificate of Authority - • 2 copies. j. Bond - 2 copies. k. Lease - 2 copies. 1. Short autobiography on persons required to complete Part II - 2 copies. NOTE: The purpose of the autobiography is for the investigator to determine the type of individual with whom we are dealing, and their background. We will also match the autobiography against the application to make sure we can follow the person's background continuously. m. Financial statement on persons required to complete Part II - 2 copies. NOTE: Besides the Financial Statement, we would also like their last filed IRS statement. The purpose for this is to determine if there is money available to runthe establishment and, in fact, where that money came from, and is it consistent with information obtained in the background check. n. Certificate of Insurance - Liquor Liability. o. The applicant should supply the department with a Statement from the U. S. Courthouse indicating if there has been any federal civil or criminal claim against either the individual or the corporation. p. List of all liquor licenses currently held. ,._, Thomas L. Hedges Page Three After receiving this information, this department would act as a central repository for all information and ask that the City Finance Director, or his designee, research the financial state- ments to ascertain if they are correct. We would also have the City Attorney's office research the legal aspects; i.e., Arti- cles ..of :Incorporation, ..etc., to .determine .if everything .has been filed legally. Based on information gathered from the Finance Director, City Attorney and the application forms, this department would then conduct background checks such as criminal history and personal references. From the personal references listed on their application, we would ask for other individuals who may know the applicant and those are the people we would "key" on for references. To conduct a complete and thorough background, it may be appropriate to send a police officer to the area in which the person resides or does business. It has been this department's experience, as well as the experience of other agencies to whom I have talked, that investigators receive a great deal of information in person vs phone or by mail as the individual with whom they are talking does not know for sure who, in fact, they are dealing with. It is our feeling due to the expense of a more thorough investi- gation, that some type of an investigative fee, possibly guaran- teed by a surety bond, be required of the applicant prior to any investigation. Time and travel expenses would be an unfair burden for the city to incur and we feel should be somehow �! billed back to the applicant. We feel that with the above procedure we would have a much more thorough investigation and the City Council would have more information on which to base their decisions as to the approval or disapproval of an applicant. • I would like to note that this department currently has a request for a liquor license in which all substantiating docu- mentation and references are from out of state. We would like to suggest that we initiate as much of the above procedure as possible for this application. Patrick J. Geagan PJG/vk cc: Jay M. Berthe Attach.: 1. Copy of Memo dated 28 July 1986 from David G. Keller Re: Liquor License Applications & Investigations 2. Part I & Part II Burnsville On/Off Liquor Application and Personal Information Application HAUGE, EIDE & I1ELLIM, P. A. ATTORNEYS AT LAW WATER VIEW OFFICE TOWER. SUITE 303 1200 YANKEE DOODLE ROAD EAGAN. MINNESOTA 55123 PAUL H. HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN MICHAEL J. MAYER July 28', 1986 Captain Patrick Geagan Eagan Police Department 3830 Pilot Knob Road Eagan, MN 55122 RE: Liquor License Applications and Investigations AREA 0006 612 TELEPHONE 455-9000 4544224 Dear Captain.Geagan: You recently supplied this office with copies of liquor license application forms and investigative material used in the cities of Bloomington and Burnsville. In addition to this information, we were supplied with the liquor (�� license application information forms used by the City of Eagan. As you are 117 aware, we have not been heavily involved in such investigations in the past but have attempted to review this information to determine whether the increased information provided or required by other cities would be appropriate or necessary to the City of Eagan as it continues to grow in population and number of liquor licenses. It appeared in general, that the, information required in Burnsville was much more complete and provided enough information to give the investigating person or persons a good picture of the individuals and/or companies involved in a liquor license application. Obviously, with the amount of crime and safety problems associated with alcohol use, the City and the Police Department have a definite interest in insuring that liquor sales operations are managed by quality individuals or businesses. Our office would certainly support the Police Department's opinion as to the information it needs in order to provide adequate investigation. It may be appropriate in certain circumstances for this office to review legal documentation in regard to corporations and partnerships to insure the validity of the establishments, the continuity of their existence and the adequacy of their financing. Articles of Incorporation would provide information as to the actual incorporators, the location of the corporation, and the powers vested in the corporation by such Articles. By-laws would provide similar information. A Partnership Agreement would indicate the interest in each partner, the actual control of the business and the likelihood of a continuation of such an association. Financial information in regard to corporations and other business entities may be just as important for those entities as they are for individual persons to insure that the business is solvent, that it is set up for a long-term committment and that it Is 0 Captain Patrick Geagan July 28, 1986 ..::Page --2 has the necessary financial backing to run a "clean" operation without having to resort to unreasonable methods to increase its sales. A financial statement will be very hepful in evaluating such a business entity as I believe you have already discussed with the Finance Director. Other documentation would also be helpful such as Certificate of Authority for fore corporation, Certificate of Incorporation, Trade Name Certificate, Leases, etc. As part of a more thorough investigation, it is my understanding that the ® investigating officer or officers may be required to do some traveling in addition to long distance telephone calls, and other costly follow-up. We see no reason that the liquor ordinance could not be revised to provide a more extensive investigative fee possibly guaranteed by Surety Bond with the unused portion refundable to the applicant. If we can be of further assistance, please feel free to contact this office. Sincerely yours, • DGK:ras w:L NAUGE, EIDE b KELLER, P.A. David G.�Kel e Agenda Information Memo September 2, 1986, City Council Meeting Page Twenty -Six WESCOTT TOWNHOMES APARTMENT PROJECT MULTIFAMILY HOUSING REVENUE BONDS B. Amendment to documents for $1,880,000 Multifamily Housing Revenue Bonds Providing for Use of Insured Mortgage Loan from FHA --Bonds were approved and issued in late 1985 for the Wescott Townhomes Apartments Project in the amount $1,880,000. The ap- proved issue was a multifamily housing revenue bond. At that time the developers were attempting to seek and receive a credit enhancement on the bonds. Since this credit enhancement had not been received at the time the bonds were issued, the documents were drafted to anticipate the provision of such credit enhancement or alternative credit enhancement if FHA insurance was unavailable. As a condition of the sale, the indenture contained, langua4e that limited the ability of the partnership to draw any monies from the construction fund until such time as the credit enhancement was authorized. The project has not received a commitment for FHA insurance and, therefore, action is required by the City to authorize the supplemental indenture and amendments to the loan agreement that request the FHA insurance and also provide terms and conditions necessary for what is expected to be a AAA rating on these these bonds. Enclosed on pages l„3 through_(lt is a copy of a letter from Drake and Rogosheske, attorneys at aw, that outline the various documents that are required for this trans- action. ACTION TO BE CONSIDERED ON THIS ITEM: To authorize a resolution allowing, for execution of certain documents to secure credit enhancement for the $1,880,000 Wescott Townhome Apartment multi- family housing revenue bond issue of 1985. (0 Y • E DRAKE & ROGOSHESKE PROFESSIONAL ASSOCIATION 6750 FRANCE,AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55435-1985 (612) 926-1837 August 22, 1986 Mr. Eugene VanOverbeke City of Eagan City Hall 3830 Pilot Knob Road Eagan, Minnesota 55122 Dear Messrs. VanOverbeke and Hauge: Paul H. Hauge, Esquire 3908 Sibley Memorial Highway Eagan, Minnesota 55122 Re: $1,880,000 City of Eagan, Minnesota, Multifamily Housing Revenue Bonds (Wescott Townhomes Apartments Project) Series 1985 As you recall, the above referenced Bonds were issued in December of 1985. At that time, it was the Developer's intention to seek and receive credit enhancement on the Bonds in the form of an Insured Mortgage Loan from the Federal Housing Administration of the Department of Housing and Urban Development ("FHA"). As the Developers were unable to complete the process prior to the end of December 1985, the documents were drafted to anticipate the provision of such credit enhancement, or alternative credit enhancement if FHA Insurance was, for whatever reason, unavailable. Conditions were set within the Indenture that limited the ability of the Partnership to draw any monies from the Construction Fund until such time as credit enhancement was in place. Earlier this spring, the Developers informed us that a commitment for FHA Insurance was received. We thereafter drafted a Supplemental Indenture and Amendments to the Loan Agreement to comport with the specific requirements of FHA Insurance, and also to provide terms and conditions necessary for a rating of the Bonds by Standard & Poors. The Underwriter has sought and expects to receive a "AAA" rating on these Bonds from Standard & Poors. The Indenture and Loan Agreement anticipated the receipt of FHA Insurance and provided for amending the Loan Agreement and supplementing the Indenture to provide for this. We now must have the City's consent to the supplemental Indenture and amended Loan Agreement, as well as execution of related documents. 63 DRAKE & ROGOSHESKE Mr. Eugene VanOverbeke Paul H. Hauge, Esquire Page Two August 22, 1986 Enclosed you will find the following documents together with multiple signature pages to be executed by the City, in addition to the Resolution for the City's agenda of September 2, 1986: 1. Supplemental Indenture; 2. Amendment to Loan Agreement; 3. Development Agreement; 4. Issuer's Closing Certificate; 5. Resolution of the City; 6. Bond Purchase Agreement; and 7. U.C.C. Financing Statement. • Given the present tax climate with the newly proposed tax code, I am certain that the Developers are most appreciative to have their Multifamily Housing Revenue Bond financing in place. I would also trust that the Issuer and the Underwriter are most pleased that the Developer has provided the additional security to obtain the expected "AAA" rating for the Bonds. If you have any questions concerning any of these documents or the structure of this transaction, please do not hesitate to call at your earliest convenience. If there is any additional information needed to assure consideration of the Resolution at the September 2, 1986 meeting, please inform us immediately. JAR/cja Enclosures truly yours hRogoshes e/ Agenda Information Memo September 2, 1986, City Council Meeting Page Twenty -Seven SPECIAL PERMIT/EPISCOPAL CHURCH TO USE FUNERAL HOME FACILITIES A. Special Permit to Allow Temporary Use of Funeral Home for an Episcopal Church --An application was submitted by the Reverend George H. Martin who is representing a newly formed Episcopalian Church for a special permit to use the Klecatsky Funeral Home located on Yankee Doodle Road. A special permit does not require a public hearing by the Advisory Planning Commission. For a copy of the report prepared by the City Planning Department, refer to pages(, through. ® ACTION TO BE .CONSIDERED ON THIS ITEM: To approve or deny the special permit for use of a funeral home by the Episcopalian Church. 65 CITY OF EAGAN 'SUBJECT; Special Permit APPLICANT: Rev.George H. Martin LOCATION: Lot 1, Block 2, Century Addn, SW 1/4, Sec 9 EXISTING ZONING: N.B. (Neighborhood Business) DATE OF PUBLIC HEARING: September 2, 1986 DATE OF REPORT: August 25, 1986 REPORTED BY: Jim Sturm is APPLICATION SUMMARY: An application has been submitted by the Rev. George H. Martin requesting a special permit to allow a 'forming' Episcopalian Church the use of the Klecatsky Funeral Home along Yankee Doodle Road. Access to this site is from the south side of Coachman Road. The church owns.5 acres on the northeast corner of Diff ley Road and Lexington Ave in the Lexington South P.D. That site is located south of an R-4 district and west of Northview Elementary School and two single family homes. Currently the congregation is too small to support a building of its own. Ample parking should be provided with 50 parking spaces and staff contacted .Century 21 next door to see if they .would allow overflow parking. This was agreed upon as long as the spaces along ® Yankee Doodle were not used. If approved this special permit shall: 1) be limited to a two, year period. 2) all signage be subject to the $2.50/ft sign fee. 3) allow overflow parking at the Century 21 Real Estate office on the side and rear only. 568,08 F -`I f---ieo---1 —L4 23 o II� JO�W 4V� _II i�IeWO^ f.C� 1411 _11000 \C�— L~J L \ -- — — eo �— Teo — — — :To •' I / 1, PROPOSED k STREET 01,k 0 O I 7 JL 1 a.r o --e — e_/ t / y Ila 2 �„ �, YANKEE --' —ter _ L DOODLE----- OAC3— Agenda Information September 2, 1986, Page 'Twenty -Eight Memo City Council Meeting SITE PLAN REVIEW/BEAUTIFUL SAVIOR LUTHERAN CHURCH B. Site Plan Review for Beautiful Savior Lutheran Church to Begin Construction on a Waiver of Plat Parcel Prior to Final Plat --Beautiful Savior Lutheran Church was granted a rezoning of 3.5 acres from agricultural to public facilities adjacent to Hilltop Plaza on January 4, 1977. A waiver of plat was granted for a temporary building which was erected and has served Beautiful Savior Lutheran Church since that period of time. Representatives of the church would like an opportunity to proceed with their building plans this fall; however, due to the preliminary plat and final plat process, it is necessary to grant a building permit prior to platting with the understanding that no occupancy would be granted to the new facility until the final plat has been granted. For additional information on thi-s item, refer to the Planning Department report found on pages through. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a building permit prior to platting, for Beautiful Savior Lutheran Church at 4150 Pilot Knob Road. • MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR DALE C RUNKLE, CITY PLANNER FROM: JIM STURM, PLANNER I DATE: AUGUST 28, 1986 SUBJECT: BEAUTIFUL SAVIOR LUTHERAN CHURCH 4150 PILOT KNOB ROAD PARCEL 10-02200-012-54 On January 4, 1977, Beautiful Savior Lutheran Church was granted a rezoning of 3.5 (Ag.) acres to a (P.F.) district just north of Hilltop Plaza and south of The Pines condominiums. At that time, a Waiver of Plat was also approved creating a separate legal parcel for the church. A site plan showing the proposed permanent structure was submitted with the intent that the building would be ® built within 5 years. In August, 1986, representatives of the church submitted a new site plan to the City. The Inspection Department could not issue a building permit since the 5 -year limit was up and due to changes in the site plan. In an effort to speed up the building process, the Planning, Engineering and Inspection Departments have agreed to process the building permit (upon Council approval), but not allow building occupancy until the land is final platted. This is a win-win situation since they will be able to get their site work completed this fall, and the City gets the previously "waivered" parcel platted. A completed Preliminary Plat Application has been received, and this item will be scheduled for the September Advisory Planning Commission meeting. The 1986 plan will eliminate access from Pilot Knob Road with new access to the church off of Berry Ridge Road. Staff recommends lining up this drive with that of The Pines condominiums. A secondary proposed access will be to Hilltop Lane when the parking lot expands. 52 stalls are being provided with this Phase I construction. All building and parking setbacks meet Code requirements. Jim Sturm JS/ii �� • BERRY RIDSE RWD E,Da T9 Cla.Seaal'I.�rwwc.Pro fwm to / ai yr cvri�� r,a rre�lac.i a.w la ra'n T, r� of - -- -- 1 ®C 1- O ::::.•: � 'mss i ri—r � � � i1 r I 1J�LJ • 0 r I. �,; II ,�r, lil► � 3 C:3 I i ' II ' ,I II II ,, g I11j�, II � ' Ir i�;j�''11►� II Id L -7O Agenda Information September 2, 1986, Page Twenty -Nine Memo City Council Meeting CONDITIONAL USE PERMIT/RAINBOW FOODS C. Conditional Use Permit to Allow the Sale of Malt Liquor at Rainbow Foods --A public hearing was held before the Advisory Planning Commission at a regular meeting held on Tuesday, August 26, 1986, to consider an application submitted by Rainbow Foods to allow for a conditional use permit to sell 3.2 beer. The APC is recommending approval. For additional information on this item, refer to the Planning Department report found on pages through_ ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the • conditional use permit to allow the sale of malt liquor at Rainbow Foods, Town Centre 70 Second Addition. • 7l/ CITY OF EAGAN SUBJECT: CONDITIONAL USE PERMIT APPLICANT: APPLEBAUM FOOD MARKETS, INC (Rainbow) LOCATION: LOT 1, BLOCK 1, TOWN CENTRE 70 2ND ADDN. EXISTING ZONING: CSC (COMMERCIAL SHOPPING CTR) DATE OF PUBLIC HEARING: AUGUST 26, 1986 DATE OF REPORT: AUGUST 15, 1986 REPORTED BY: PLANNING DEPARTMENT ® APPLICATION SUMMARY: An application has been submitted requesting a Conditional Use Permit to allow the sale of 3.2 beer at Rainbow Foods in the Town Centre 70 development. �J 0 Code requires a Conditional Use Permit for liquor, 3.2 beer or wine sales in CSC districts. The liquor license was approved by the Police Department, and this item has been scheduled for review by the City Council at the September 2, 1986, meeting. If approved, this Conditional Use Permit shall be subject to all applicable alcohol related Ordinances. JS/jj I PROJECT DATA YANKEE DOODLE ROAD • El El TOIA rMRwc �owm u—u �.... — a0N MA fCt yW RANYT.Y 10005 rnCr+ �: : �O _ RAINBOW ¢y ��q FOODS / ,_ '�� Gr!!�4fHHIIINHHIIHNNHIkW!!9` Brf-.�rffHIIHHHiNifHIHfNIftHIFC'°' - 'm—. � �� / � 9 V / O L SITE PLAN Y I _ _ TOWN CENTRE EAGAN RETAIL ----'---' EAOAN EA4`A DTA STORES rtDExAE LAw C7ANY Encw nwa�wTn r_-:-7YKR Ew--N •PCNRERA IMC u s e —� = LJ Agenda Information Memo September 2, 1986, City Council Meeting Page Thirty BUILDING PERMIT/KEVIN MURPHY D. Building Permit for Kevin Murphy at 1625 Deerwood Drive on Unplatted Property --Mr. Kevin Murphy is requesting approval of a building permit to construct a single family dwelling on a part of the 40 acres owned by his father, Leo Murphy. A second building permit cannot be granted on the same parcel of property even though the parcel of property is greater than five acres, without a legal lot split or approval by the City Council. For additional information on this item, refer to the City planning Department report found on pages through The City Administrator received a letter from Leo Murphy and a copy is attached on pages_Xthrough_ 0 for your review. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a building permit to Leo Murphy allowing his son, Kevin, to construct a new home on the Murphy 40 acre parcel. �v MEMO TO: DALE C RUNKLE, CITY PLANNER FROM: JIM STURM, PLANNER I DATE: AUGUST 26, 1986 SUBJECT: BUILDING PERMIT/LEO MURPHY PARCEL (NW1/4 SECTION 21) /PARCEL # 10-02100-012-28 A building permit application has been received by the City's Inspection Department for a single-family dwelling on approximately 40 acres owned by Leo Murphy. The applicant, Kevin Murphy, wishes to construct this new home +/- 200' south of the existing home. It will be accessed by the same driveway used for the existing home with the street address being on Deerwood Drive. A well and septic tank system are proposed. • The Inspection Department could not issue Council approval or unless the property wa separate parcels. Any further constuction with an overall conceptual site plan for site. Jim Sturm JS/jj ;V the permit without City s legally split into two would require platting the entire +/- 40 acre . 1. .. o �+ ID. N. 1 t , lf• ., r+e O 55 Ld_/a Cl da to �.. U� .. cb.0 °- $ . ^ . ail �► ---�e��:=�' - gip:.. - r y,' ;I, ed 0 o• � �� 1 b t /ansa/e. -. 3 r '.q '-' ° --' n _ ^VT TTl- � � � LvJ✓�- l'� 9� Oma! �1*—moi_ �6/ /�� TTl- i L, - jD - / A _ I v d✓ CIO lf-ode—ag 7A/o ! i L, - jD - / A _ I v d✓ CIO lf-ode—ag 7A/o V I Y y Ar ,i Y � V I Y y Ar ,i Agenda Information September 2, 1986, Page Thirty -One Memo City Council Meeting EXTENSION OF PRELIMINARY PLAT/WHISPERING WOODS 2ND ADDITiON E. Extension of Preliminary Plat for Whispering Woods 2nd Addition - The developer, Mr. D. J. Hilla, President, Hilla Construction Company, is requesting a 9 -month extension on the preliminary plat of Whispering Woods 2nd Addition, which is scheduled to expire September 3, 1986. The reason for the delay is given as "unresolved conflicts in the addition." For a copy of Mr. Hilla's letter, refer to page. ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a 9 -month extension for the preliminary plat for Whispering Woods 2nd Addition. • V 0 14405 JUDICIAL ROAD _ BURNSVILLE. MINNESOTA 55337 435-6556 Developer of COUNTRY VIEW ESTATES COUNTRY WOODS ESTATES WOODS ESTATES LIESURE ESTATES WHISPERING WOODS ® August 26, 1986 40 City of Eagan 3830 Pilot knob Road Eagan, Mn 55122 Dear Sirs: We would like a nine (9) month extension on the Preliminary Plat of Whispering Woods 2nd Addition which was due to expire September 3, 1986. The reason for the delay is because of unresolved conflicts in the addition. Sincerely, HILLA CONSTRUCTION CO. D. J. Hilla Pr sident. DJH. mlw • Agenda Information September 2, 1986, Page Thirty -Two Memo City Council Meeting UNITED PARCEL SERVICE/VARIANCE F. United Parcel Service for 17—Foot Parking Setback Variance Along County Road 63A --Aa application was submitted by United Parcel Service requesting a 17 foot parking lot setback variance along County Road 63A. According to the Planning Department this variance application does not require review by the Advisory Planning Commission. For additional information on the item refer to the Planning Department report, a copy is enclosed on pages _1K through g for your review. ACTION TO BE CONSIDERED ON THIS ITEN: To approve or deny the parking setback variance as requested by United Parcel Service. cJ CITY OF EAGAN SUBJECT: Variance APPLICANT: LOCATION: EXISTING ZONING: DATE OF PUBLIC HEARING: DATE OF REPORT: REPORTED BY: • United Parcel Service NE 1/4, Sec 13 P.D. 76-1 Gopher Eagan September 2, 1986 August 26, 1986 Jim Sturm APPLICATION SUM2%1ARY: An application has been submitted by UPS requesting a 17' parking lot setback variance along Co. Rd. 63A (Becker Road). The parking lot has been constructed and deciduous overstory trees, 3' pines and an irrigation system have been installed in the R.O.W. The Development Agreement for final platting required UPS to dedicate or aquire all easements and R.O.W. areas for the upgrading of Becker Road. In November 1985, UPS was notified of their error in the parking setback. The 20' setback was maintained - but from th-e original '33' half - R.O.W. not the 50' required for the new road. This green space area is too small for berming since all but 3'' is in the City R.O.W. Typically a 2-3' berm can be built and maintained in •a 20' space. The performance standards within the City Landscape Policy are inacted when screening is necessary to either shield parking areas and/or different adjacent land uses. Both pertain to this small area on the north side of Becker Road. LANDSCAPE PLAN: A revised detailed landscape plan has been submitted and will be available for your review at the City Council meeting. The quanitites may changes slightly since staff has only reviewed the 'preliminary only' revised plan. A few more changes were suggested and they are -being incorporated into the final plan. The new plan will leave the irrigation in place and not require berming. All 36 3' pines will be removed and'placed elsewhere on the site. Replacing them will be 36 8-10' ht (minimum) Scotch, Norway or Austrian pines. The existing 2 1/2" caliper deciduous trees will stay in their present location, however + 33 6' B/B multi -stem Amur Maple trees will be placed under the edge of their 'crown. In addition, approximately 75-100 Clavey� Dwarf Honeysuckle (or equivalent) and 100 Redtwig Dogwoods will be used to fill in the gaps. The shrubs are necessary since there is no berm. They provide a faster growing screening effect and are important under the deciduous trees. By installing a mixture of overstory, understory, coniferous and shrub_ plant material, the variety of textures 'and colors will provide a dense screening and be aesthectigally pleasing in all seasons. CONDITIONS: 1) All plant' material shall comply with the latest edition of the American Standard for Nursery Stock, American Association of Nurserymen. 2) Sod shall be installed in this boulevard area. 3) All pines shall be a minimum 8' in height and the existing pines shall be located on the site and noted on the overall landscape plan. 4) The owner shall stake plant material locations for approval by the City prior to planting. At that time, the City will inspect the plant material to ensure proper quantities, sizes and quality. • ME i` .�'wl i PARTIAL PLAN -5 UTH R%gKi.rT LOT Fb city of cagan D.Oallmanl .1 Planning V' @J c 1-t - O.. ♦Z w Q al " � NEio9LC* e01a� 0 .'.I '4' 4i 4 rf 1 bo Y �r 1 g 10 WIDE PAINTED I - p5T0 MH PEDESTRIAN WALK - 1 r ' 0 FH 51GN 9 C EAS iGN x BPACE (TIP.) \ oc,AN MH t � 45' 00' ;- __ ' -.100' — - < 91°09' • _ o o r .. 0.5 T'f P: TiPE A Cu0.g �~ SIGNte DOL15LE 6WIN o o P - R PIV o - I — ` �T�-f- �r * I — GUARDHOUSE p ,NATED FoR t� (4) 11: RANDICAPSPACES fPE G I pAv'T. 61ONAGE H I RAMP z � LOT_ g -- — 4- �ct ENT, It LOT N 10125.1'1 o, PAINT 5T1 1301 oE 9898.59 DA�ED v+ D: 51 51GN 5 11 ' 'ry N lO�e52. le< Z5 3 y'. -- p:C, N 1O(aO9, 08 E 91891 93 Urj a II r' \ I \ I L- • �U IL VNG L --ACOUWFY-i9AD 5 89' 63A -- '"IT CLVN ry ROAo bpi R CVKB [cYi9TioN RON KRUEGER S ABBOCIATEB, INC. l As NGu LIti..10.N11/.ef,M1N1.I A Fu�.R..C, 11,.E I MW mvsous ou.wu a mr, \ o s e eooe oeoe r' \ I \ I L- • �U IL VNG L --ACOUWFY-i9AD 5 89' 63A -- '"IT Agenda Information September 2., 1986,. Page Thirty -Three Memo City Council Meeting PRELIMINARY PLAT BLACKaAWK ACRES 2ND ADDITION G. Preliminary Plat for Blackhawk Acres 2nd Addition Consisting of 32 Townhouse Units on Approximately 6 Acres --This item .was considered as Old Business at the August 26, 1986 Planning Commission meeting. Since Tuesday at noon is the deadline for .submitting the Agenda to the newspaper, this item was scheduled for the September 2 City Council meeting. The Advisory Planning Commission continued the item until the September 23 meeting and therefore it will be necessary for the City Council to continue this item indefinitely until the recommendation is presented by the APC.. ACTION TO BE CONSIDERED ON THIS ITEM: To. continue until recommendation is presented by the Advisory Planning Commission concerning the proposed preliminary plat for Blackhawk Acres 2nd Addition. Agenda Information Memo September 2, 1986, City Council Meeting Page Thirty -Four PUBLIC IMPROVEMENT CONTRACTS A. Public Improvement Contracts --There are three public improvement contracts to be awarded: Item 1. Contract 86-20, Receive Bids/Award Contract (Windtree 7th Addn - Streets and Utilities) --At 10:30 a.m. on Friday, August 29, formal bids were received for installation of streets and utilities to service the proposed Windtree 7th Addn. Enclosed on page qL is �. a tabulation of the bids received showing the relationship of the low bidder to the estimate contained in the feasibility report presented at the public hearing held on August 5, 1986. As of this date, the developer has not made an application to proceed with the final plat for this subdivision. Subsequently, it is anticipated that we will not be able to award this contract prior to final plat approval. Due to the limitations of time that the contractor is obligated to honor the bids submitted, combined with the anticipated time of processing final plat application, it is not anticipated that we will be able to award this contract. The Public Works Director will provide a further update at the meeting on September 2 regarding the status of this contract award and final plat process. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for contract 86-20 (Windtree 7th Addn -'Streets and Utilities). 91 �Fo El U 1. 2. 3. 4. 5. 6. Our File No. 49397 WINDTREE 7th ADDITION UTILITY 6 STREET IMPROVEMENTS CITY CONTRACT NO. 86-20 CITY PROJECT NO. 4.77 EAGAN, MINNESOTA CONTRACTORS Lake Area Utility M & M Sewer & Water S.J. Louis Construction Northdale Construction F.F. Jedlicki Burschville Construction BID TIME: 10:30 A.M., C.D.S.T. BID.DATE: Friday, August 29, 1986 ENGINEER'S ESTIMATE ------------ Feasibility Report Est ......................... under Engineer's Est ......................... under Feasibility Report Est.................. 7431d 91 TOTAL BASE BID $223.246.50 224 414.00 236.998.10 237.984.00 238.177.'50 241,301.00 $242,000.00 249,200.00 —7.7% —10.44 • Agenda Information September 2,, 1986, Page Thirty -Five Memo City Council Meeting PUBLIC IMPROVEMENT CONTRACTS (continued) 2. Contract 86-2, Receive Bids/Award Contract (Nicols Road') --At 10:30 a.m. on Friday, August '29, bids were received for the construction of Nicols Road from Diffley to Kings Road under the above -referenced contract. Enclosed on page is a bid tabulation showing the relationship of the lowest bidder to the estimate contained in the feasibility report presented at the public hearing held on February 18, 19.8.6. The staff is still encountering obstacles in processing this plan for formal approval through the MnDOT state -aid office. These plans must be formally approved by State -Aid before the City can award the contract in order to protect our ability to obtain MSAS funding. If for some reason, we are not able to obtain state -aid approval prior to Tuesday night, it will be recommended that the bids be rejected and the project delayed until 1987. As it is now, the present schedule is critical in trying to meet the completion date prior to this winter. Additional information will be provided by the Public Works Director at the Council meeting. ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for Contract 86-2 (Nicols Road) and award/deny the contract. 92�_ p » u" 14 i kA4 CITY OF EAGAN NICOLS ROAD IMPROVEMENTS CITY PROJECT 460 CITY CONTRACT 86-02 OPENING DATE: August 29, 1986 MSAP 195-122-01 OPENING TIME: 10:30 a.m. CDST M CONTRACTOR ---------- ---------- BID ------- ------- 1 Valley Paving, Inc $ 2 Anderson Bros Const 3 Bituminous Roadways $ `SS3, 3 ® 4 McNamara Contracting Cc $ 5-94,002 5 Arcon Construction Cc $ 6 Preferred Paving $ 7 Alexander Const Cc $ L-7 3i 4 d 0 8 Central Landscaping,, Inc. $ 9 Lund Asphalt Const Co $ 10 Gammon Bros $ 11 Norwest Asphalt, Inc $ �,, 4Z5 (-Ct` i 12 Lametti 6 Sons Inc. $' ® 13 Hoffman Electric $ Engineer's Estimate $600,000 M Agenda Information September 2, 1986, Page Thirty -Six Memo City Council Meeting PUBLIC IMPROVENENT,CONTRACTS (continued) A. PUBLIC IMPROVEMENT CONTRACTS (continued) Item 3.. Contract 86-21, Receive Bids/Award Contract (Back Stop and Outfield Fencing) --The City received bids for backstop and outfield fencing on Friday, August 29, 1986. The contract covered backstop fencing for Goat Hill Park, Rahn Park, Walnut Hill Park, Blue Cross/Blue Shield Park, Meadowlands Park and Quarry Park. The outfield fencing portion of the contract was for Goat Hill and Rahn Parks. •' Because the bid opening was not until 1:00 p.m. on Friday, August 29, and because of the anticipation of a large number of bidders, the bid_ tabulation was not available for distribution with this packet. There will be no Administrative• or Additional Information ,packets due to the holiday on Monday; therefore, the bid tabulation and recommended award will be distributed at the City Council meeting on Tuesday. ACTION TO BE CONSIDERED ON awarding of Contract 86-21, the lowest., responsible bidder. is THIS ITEM backstop 914Z To approve or deny the and outfield fencing, to Agenda Information Memo September 2„ 19186, City Council Meeting Page Thirty -Seven REVISION TO PRELIMINARY PLAT/BLACKHAWK PLAZA B. Request for Revision to Preliminary Plat Approval Conditions (Blackhawk Plaza) --Enclosed on page--qbis a letter staff received from Peter Stalland requesting Cduncil reconsideration of two conditions placed on the preliminary plat approval for the Blackhawk Plaza development located on the northeast corner of Diffley Road and Blackhawk Road. Enclosed on pages_through 679 are copies of the minutes and conditions of that prelimina plat approval granted by Council on June 4, 1985. Also enclosed on page is a copy of the site plan showing the relationship of this development and its proposed accesses onto Blackhawk Road and Diffley Road. Enclosed on page /0/ is a letter received • from the County Highway Engineer regarding their objections to a major access from Diffley Road. Although the developer is requesting reconsideration for conditions #14 and #17, staff would like to receive any other concerns the Council may have regarding this proposed final plat due to the developer's agressive schedule for receiving formal approval and condition #4 requiring formal Council review of the proposed final plat. This will help staff to insure that what is finally presented will be acceptable for final approval. The developer will be presenting additional information and possible alternatives for Council's consideration regarding conditions #14 and #17. ACTION TO BE CONSIDERED ON THIS ITEM: Review and reaffirm/modify conditions of approval for Blackhawk Plaza Addition. / 5 LAW OFFICES STALLAND & STALLAND ONE CORPORATE CENTER FINANCIAL PLAZA 7261 OHMS LANE MINNEAPOLIS, MINNESOTA 86435 LUTHER M. STALLAND K. PETER STALLAND August 19, 1986 Mr. Thomas Colbert City of Eagan 3830 Pilot Knob Road P. 0. Box 21199 Eagan, MN 55121 •' Re: Blackhawk Plaza Final Plat Dear Tom: TELEPHONE (012) 835-5577 As you know we anticipate having our final plat application before you later this week with regard to Blackhawk Plaza. We have sold a large portion of our site to Mr. Steve Ramsey who is under an aggressive schedule to begin construction this fall. In order to proceed as quickly as possible with our final plat we need to appear before the City Council to discuss conditions numbers 14 and 17 of the June 4, 1985 City Council minutes and approval for our preliminary plat. I would appre- ciate greatly if you would place us on the calendar for the City Council meeting on September 2 in order for us to urge • the Council to eliminate its requirement of approving the entire Blackhawk Road upgrading prior to approving our final plat. Thank you for your time in meeting with us yesterday, and we look forward to hearing from you with regard to your sug- gestions regarding the above. Yours er truly, l Peter Sta'lland PS/3J cc: Thomas L. Hedges 5�� City Council Minutes "June 4, 1985 BLACRHAWR PLAZA PRELIMINARY PLAT The application of Norse Development Company for preliminary plat approval of Blackhawk Plaza consisting of nine (9) commercial lots on 11.6 acres and for conditional use permits for driveup bank and service station in Hillandale No. 1, together with variance for four-story hotel building was next brought before the Council. Dale Runkle detailed the issues that were of concern to the Council at its last regular meeting on May 21, including the service entrance, truck access in the rear of the building, elimination of major access on Blackhawk Road, drainage from the cemetery, potential median cut on Diffley Road, school bus pickup and drop off points on Blackhawk Road and access to the motel. He stated that the developer has redesigned the layout to a certain extent, has revised the restaurant Location, and also noted the shopping center has 11 fewer parking stalls than required. It would require approximately a 1,400 square foot reduction for parking to comply. Peter Stalland appeared on behalf of the applicant and requested the four- story hotel variance be approved and that in the event that the hotel is lowered to three stories that a request will be made for a sign on the building. He also indicated that cross easements could be required to fulfill the parking requirements. Councilmember Wachter had a number of questions including the width of the service drive, what the "x" over the cemetery indicated, and it was noted that. it indicated the proposed revision to the cemetery lot line layout. He also questioned whether Diffley Road access could be aligned directly north to the service area and the answer indicated that the access on Diffley Road is as far east as MnDOT would allow. Mayor Blomquist questioned the use of Lot 7 and it was indicated that it would only be used for pond area and will be dedicated to the City with no building permits to be permitted on that lot. She also questioned a proposed use for Lot 8 and asked that it be identified and be assured that no variances will be requested. Mr. Stalland stated that the proposed use is an 18,000 square foot office building and no variances will be required and further that the parking could be reflected to show that it would comply with the ordinance requirements. She also questioned whether hotel parking overlapped the Neighborhood Business zoned area and Mr. Runkle stated that seven spaces for the hotel parking would be outside the Roadside Business zoned area, but that there are more than enough spaces provided on the plan for the hotel. The Mayor also indicated that it was her opinion that the layout appeared to be too dense. - Ralph Wagner, engineer, appeared for the applicant and stated that heavy screening will be provided between the townhouse units and the hotel parking lot. If the fourth story is eliminated, the number of rooms will be reduced as well as parking. A pylon sign will be applied for on the three-story hotel on the 35E side. A number of neighborhood residents were present and asked about the parking for the cemetery and the developer indicated that the access to the shopping center parking area would be permitted for cemetery visitors. • City Council Minutes June 4, 1985 f - One neighboring resident was concerned about the development of Lot 8 and also there it was -recommended that major traffic be discouraged from the west and delineate the south access as a major access. There was also concern about the sight lines for the hotel at the three or four-story height. Kathryn King, a neighboring property owner, submitted a packet prepared by her husband objecting to certain aspects and making recommendations for revisions to the project. It was noted that•the City Council cannot change the maximum speed limit and there was also discussion restricting the hours for any liquor licensee within the development. Steve Haas, a neighboring property owner, questioned whether there may have been a conflict of interest by Luther Stalland when the original zoning took place as he was acting as the Town Attorney at that time. Councilmember Egan stated it was his impression that the zoning cannot be removed even it • was based upon alleged conflict of interest. Councilmember Smith noted that it was his opinion that the access road for the motel should be more clearly defined and also more clearly defined access to the northerly restaurant rather than winding through the parking area. Smith moved, Egan seconded the motion to approve the application for rezoning subject to the following: 1. That a maximum three-story motel be allowed. 3. That no building permit shall be allowed for Lot 8 until the Planning Commission and City Council review and approve the layout with .the understanding there will be no variances for building permits on that lot and that the lot be retained as an outlot at the time of the final plat approval. 4. That the final plat be reviewed by the City Council as a regular agenda item for final.review. 5. All standard preliminary plat conditions shally apply. 6. All trash containers shall be stored on the interior of the shopping center and hotel. Trash containers shall be concealed with opaque screening on all other lots. 7. Extensive landscape screening and the usage of large scale plant material and other bermning as necessary along the north property line and along the west property line shall .be refected in the landscaping plan. Neighborhood meetings shall be held with residents, including Kathryn Circle, residents to the west, and residents to the north, prior to preparation of the landscaping plan. The landscape screening shall be installed prior to construction. The landscaping plan shall be reviewed and approved by City staff prior to final plat approval. 8. The discrepancy between the cemetery land and the applicant's land shall be resolved and the preliminary plat shall be adjusted to show the change. 9 City Council Minutes "June 4, 1985 9. Rooftop mechanical equipment shall be concealed by a parapet wall or suitable screening. 10. A storm water detention pond shall be constructed on Lot 7 with a capacity of 1.4 acre feet. 11. A permit shall be obtained from MnDOT to perform grading within MnDOT subdivision. 12. The watermain shall be looped from Blackhawk Road to the Hillandale 2 subdivision. 13. The private road shall be 36 feet wide from Blackhawk Road to the hotel. 14 This development shall be responsible for upgrading the east side of • Blackhawk Road from Diffley Road to its north property line. 15. A ponding easement shall be required over Lot 7 to accomodate 1.4 acre feet of storage. 16. This development shall be responsible for any unlevied trunk area related assessments or any upgrading of trunk area related assessments as necessary:' _ �.-. --r i,... 0 17 Blackhawk Road upgrading from the end of this development to Deerwood Drive shall be approved prior to final plat approval. 18. The applicant shall work with Dakota County to insure that the primary access to the development is from County Road #30 in view of the residential nature of Blackhawk Road. All members voted yes. Egan moved, Wachter seconded the motion to approve the following conditional use permits: driveup bank ,and service station, under the following conditions: 1. The applicant shall provide a proof of parking plan for the service station showing how parking could be expanded, if needed. 2. The bank shall provide stacking space for 20 vehicles. 3. All City ordinances and requirements shall be adhered to. All members voted affirmatively. LEGEND ..............eceu EXHIBIT "A" .in .. —•1•s� rAe�>Crq r w i -. .r...re e..w. e anecr• OOOE e::::n .e.�.�:::: •�w.wu := = :�:: NGINEEAING _ •„••,• •• COMPFNY INC. n..0..�>•>O. r0 e.r I.Ae•>Cr �rV err w \M fAer>tro/�Y.O1 HAVEN ENTEAPPoSES. 1 M. I 1 Uw SITE PLAN BIACKHAWK PLAZA HAVEN ENTEAPPoSES. 1 M. DAKOTA COUNTY HIGHWAY DEPARTMENT DAKOTA COUNTY GOVERNMENT CENTER Mr. Kermit McRae, P.E. District Engineer Mn/DOT, District 9 3485 Hadley Avenue North North St. Paul, MN 55109 COUNTY ENGINEER TELEPHONE (6121 437 0398 1560HWY, 55- HASTINGS,MINNESOTA 55033 August 25, 1986 Re: Access to property on North side of CSAH 30 between Blackhawk Road and I -35E in Eagan /3LacV.1,1ur- P,42;¢ Dear Kermit: • On Friday, August 22, our staff met with Mr. Peter Stalland and Mr. Ralph Wagner regarding development of the referenced property. The purpose of the meeting was to secure access approval from CSAH 30 to this property. No committment was made at that meeting. We have had subsequent conversations with yourself, Karl Rasmussen and Tom Colbert regarding this property. This is the first contact we have had regarding this property in over a year. We have copies of correspondence from your office dated May 23, 1985 and from Mr. Rasmussen dated May 21, 1985 which discusses Mn/DOT's position regarding .a median cut and the possibility of a right turn access. We feel that the difficult roadway geometrics (proximity to I -35E free right turn onto CSAH 30) and profile make a heavily used. access hazardous. Our position is that a partial access (right in and right out) serving a. small fronting parcel only (no direct connection to a shopping center or hotel), is the only access to CSAH 30 which should be considered. A right turn lane is not recommended. We support your previous position that in no circumstance should a median opening be allowed. It appears that you may be the permit authority for this parcel as the right—of—way was acquired between I -35E and Blackhawk Road as part of the I -35E project. We will continue to keep you informed of any activity our office has regarding this property. Sincerely, Gary J. Erickson, P.E. Dakota County Highway Engineer GJE/PLS/mjh cc: Thomas Colbert Peter K. Stalland Bernie Larson AN EQUAL OPPORIUNITY EMPLOYER Agenda Information September 2, 1986, Page Thirty -Eight Memo City Council Meeting BRIAR HILL 4TH ADDITION/TRAIL/EASEMENTS C. Briar Hill 4th. Addition, Trail Completion/Easements--On March 19, the City and Tollefson Builders, Inc., entered into a "develop- ment and construction compliance stipulation agreement." On March 19, 1986, that stipulation agreement identified several unresolved issues and schedule of compliance as a part of Exhibit A to that agreement. Enclosed on pages, and are copies of issues #1, #2 and #3 pertaining to the completion of the trailway systems within the Briar Hill Additions. Tollefson Builders, Inc., has not been able to obtain the signatures of the fee owners on the conveyance of trailway easements by the June 1, 1986, deadline. Subsequently, Carl Tollefson submitted the letter enclosed on page _- & -5 - requesting consideration for deletin this trailway • require - m' en,t. Enclosed on pages/0,6 through is a copy of the memo that was presented to the Parks and Recreation Commission for their review and comments regarding this request. Enclosed on page /Ois a. copy of the minutes from that Park Commission meetiitf n indicating their recommendation to the Council to retain this trailway requirement and to further encourage/require Tollefson Builders, Inc., to complete it according to the original approved plans. Enclosed on page //d is a letter sent to Mr. Tollefson. informing him that this issue would be discussed by the Council on September 2. In trying to comply with the schedule identified in Exhibit A of the stipulation agreement, the City held the public hearing and approved the vacation of the incorrectly located trailway ease- ments. However, the staff has not proceeded with the filing of ithis vacation until they have been replaced in like kind. Discussion regarding this issue should result in specific direction to Tollefson Builders, Inc., and/or staff as to whatever action is necessary to acquire the appropriate easements to allow the comple- tion of this trailway system. ACTION TO BE CONSIDERED ON THIS ITEM: To reaffirm/modify the original trailway construction requirements of Tollefson Builders,. Inc. for the Briar Hill Additions. /6 Z •f EXHIBIT "A" Sheet 1 of 5 SUBDIVISION LOCATION 1. Briar Hill Lots 15, 29, 30, 31 & 32 4th Addn. of Block 1 2. Briar Hill Lots 15, 16, 27, 28, 29 ,4th Addn. & 30 of Block 1 ® 3. Briar Hill ce Lotsj1119 & 20, Block 1 1st Addn. 4. Briar Hill Several Undefined Additions Addresses 5. Briar Hill Tot Lot 4th Addn. 6. Briar Hill W. Embankment of 3rd Addn. Dolomite Dr. .7. Brittany 5th NA Addn. 8. Brittany.,5th Norwood Ct. 1st Addn. Addn... X03 �. Revised 3/13/86 UNRESOLVED DEVELOPMENT ISSUES Encroachment in Public Easement Incompleted Trailway System and/or Insufficient Easement Dedication Insufficient Trailway Easement Dedication Final Water Stop Box _ & Sewer Cleanout Location, Adjustment & Repair Installation of Sod Improper, Unacceptable Restoration - Topsoil & Vegetation Required Expiration of Finanoial Guarantee Prior to Com- pletion of Requirements Failure to Provide Ade- quate Erosion Control Resulting in Damage to 1613 Norwood Dr. (Michael Frank) < '�V "A EXHIBIT "A" Sheet 3 of 5 TOLLEFSON BUILDERS INC UNRESOLVED ISSUES SCEDULE OF COMPLIANCE As a result of a meeting held on Thursday, March 13, 1986, at Eagan City Hall, the following actions and schedules have been... . mutually agreed to by Tollefson Builders Inc. and City of Eagan staff in response to the rest of the unresolved development issues as revised March 13, 1986. 1, a. Tollefson Builders Inc. will submit a petition with all required attachments for the vacation of the affected easements. b. The City will schedule and hold a public hearing. • 2. a. Tollefson Builders Inc. (TBI)to provide legal descriptions. b. City to prepare legal documents for conveyance. c. TBI to acquire fee owners signatures. d. TBI to complete required trailway construction by June 1, 1986. 3, a. TBI to verify existence of adequate trailway easements. b. If necessary, TBI would provide the City with legal descriptions of necessary easements. C. If necessary, City will prepare appropriate conveyance documents. d. If necessary, TBI to obtain signatures of fee owners. 4.;' Representatives of the City Engineering and Maintenance Divisions and TBI shall perform a field inspection by May 15, 1986, of all existing sewer and . water services within the Briar Hill 1-4 Additions. If necessary, any and all corrections required will be performed by TBI by July 1, 1986. - 5. Same as number 4 above. 6. Same as number 4 above. Tollefson Builders, Inc. CUSTOM DESIGNED HOMES 12e17 Falrgreen Avenue Apple Valley, MN 55124 Phone (612) 431.1100 June 11, 1986 ` Tom Hedges City of Eagan 3830 Pilot Knob Road P.O. Box 21199 • Eagan, MN 55121 Re: Briarhill 4th Addition Trail Easements � Dear Mr. Hedges, As you know, there were incorrect legal descriptions for the trailway easements in Briarhill 4th Addition. Bill Dolan, our engineer, has prepared new legals and Paul Hauge has drafted the -new trail easements to be signed by the Briarhill homeowners involved. .There are a total of 6 individual easements -- 2 easements for 1 trailway which the homeowners have signed, returned and are enclosed for recording. The other trailway which requires 4 signatures has become a problem; 1 of 4 homeowners has signed the easement and the remaining 3 refuse to sign, reason being, the homeowners are concerned with the safety hazard of having a trailway run through their driveway. We recommend that the one trailway be sufficient for Briarhill 4th Addition, thereby we request to eliminate the second trailway. Also, of the 148 units in Briarhill, • approximately only 10% of the homeowners have children which would utilize the, trailway. If this action requires council approval, please place us on the agenda and advise us in writing if attendance is necessary. Thank -you for your help in this matter. Si cere1y, Carl R. Tollefson Tollefson Builders, Inc. Enclosures cc: Tom Colbert Paul Hauge 105 f MEMO TO: KEN VRAA, DIRECTOR OF PARKS 8 RECREATION FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS DATE: JULY 22, 1986 SUBJECT: BRIAR HILL ADDITIONS — TRAILWAY CONTINUITY As a condition of the development of the Briar Hill 1st through -- 4th Additions, the developer was required to prepare an internal trailway circulation plan and construct the trailway in accordance with the various phases. The developer, Tollefson Builders, Inc., has been unable to complete the trailway system in accordance with the originally submitted plan due to inability to acquire the necessary easements. Attached to this memo is a letter from Mr. Tollefson requesting City considereration of deleting this completion requirement of the remaining trailway system. Also attached to this memo is a layout of the Briar Hill • Additions showing the location of the original trailway alignment, the existing construction and the remaining incompleted segments. Since this trailway installation was a requirement of the Park Commission's review of the Briar Hill preliminary plat, the requirement for its completion should be reviewed by the Park Commission with a recommendation -to be brought to the City Council. Please let me know if you feel notification of the affected property owners would be appropriate for providing input for the Park Commission's consideration when they review this matter. I will be happy to send out notices informing them of scheduled review and/or action. Z) Director of Public Works TAC/ jj /06 N . 1/4 SEC, 20, T279 R 23 a. -OTEYORSDN W. ' J.NUeRY, 1916 I. .. .. • 1sh,SILVER. BELL r 9 T T r� ROA D....,n 77 1... F r .. -: I� �(,.� •P �. Lam.: .. .:k '_•' ' ..,ie.\.. • 1 W 1 O [U Y�e to .! .�L1� ' .]• ��y; e, C lr t a JW �. " •,i � `� � I .a' ��-i t: ��i —W, • �' • ._ ;B � 1Q ��r• C• , �.CF � M ted, d'..� :1; '�.• •i �•.'. �. o ti' " .v MA ELLS ' a_ � : "(1�N , Q .• d' .k'"�' {I. 'e .�' `z £''.,.�``i� `,f V. .':'t µ �. d .'o� �`` .'r ,. i•. !� l p `a DGAON'I V4" + l. � i � � J • L•H��~ `- � 2 r -'� � ,• ', Q�✓1.10 ,`� r. ? � `:t :;n ;; ,. d - IN w;: a "yt1 `,a:.' !. ........ ,..r.. ^ . n <, �[ div r •a _�'�> `� v' ' 'tea='i 1 _ /•') N n •'.�a � T�„ �.i.6`. ^w `; -yi �.� •' C: ,e ,. yam( a ,r 1 .. q• _ �i•d 1, f. 's .: a�S, $�'i n], e f 5.,••s�_16 + ,^ •r+•.. �J`O-. .F '< o p 'j•'^1'.`• p`j 1�:q\ r, e'er p, . 1 � Q �Y..,.r,.. ..,. tII= � I ;,. f`• .. " ,+�j+{. ..� � Ham_ (' u �� ,a / q •e' � `p le •+m".• ti "� V"+ra�,�`� a "i. `" ,.,,'.. o CONDOMINIUM NO. 46 �s .t' �` 5" :� ( C Yl'••' y� a,� � •�� ;;�:;:,,�, F:.�.� :. ].... - COUNTRYSIDE d CONDOMINIUM •M 9 t .,. ..w Mme i C ��/ %', "•' •• - y • j.• �� - A C Hy of FCQW v \ , y ' wa .e r •P r• 021-00 C< a3tfr \ eae�• " ti.��. f a \ f,r.Y. _ .y �`'i .�� = j- i7• ♦♦ .!•" , � O � CNN •t � _ 6GOLD ' TRAIL - ,'� .J .� _ a„' :2 R,• •r tr-IDRIVI- EV� ODHAVEN` �' i X.`a app S. F _ I E ... c_ V 4. CR7/ of Eagnn r,(r• ' i`• r \` •.•„r .,..re• J ` iti ` C \ . t a t 060 44 � � 1 SOLD TRaIL'• � 07 1• a iY n b , O _ • , • , • :'j, Adv. Parks & Ree. Comm. August 7, 1986 2. Project 463 - Pilot Knob Road Trunk Storm Sewer - Director Vraa informed the Commission that the Council deferred this item to a September agenda to explore the -Commission's recommendation for overland water flow. He said, that residents of Berry Ridge Road were present at a neighborhood meeting, and suggested the water flow to the west, rather than to the east, to pick up the trunk line. A lift station would be necessary to make it workable. Mark Hanson of the Bonestroo Engineering firm will be at the September Parks & Recreation Commission meeting to discuss the various alternatives. Chairman Martin was concerned with water elevation and quality of ponds in all City parks, plus the fact that many trees -are now under water. He would like Mr. Hanson to address this concern at the September meeting. • NEW BUSINESS 1. Briar Bills Additions Trailway Connection Director Vraa explained that trail connectors to the park and tot lot was part of the original development conditions. However, the developer, Carl Tollefson, did not put in the trails, and has sold some of the lots where the trail was to be placed. The developer was to get easement from the land owners so a new trail alignment can be installed. However, he is now asking that the trail issue be abandoned. The Homeowners Asssociation is to maintain the trail. The Public Works Department has redrawn the trail location, to accommodate already sold lots, but part of the trail comes directly off private driveways. There was considerable discussion as to how the trails could still be put in, and the necessity to acquire easements by condemnation. Commissioner Thurston moved, Caponi seconded, the recommendation to require the trails be completed as proposed by the Public Works Department. In the event the developer proposes an alternative trail connection; it must receive Staff approval. All voted in favor. The Commissioners said, the Developer failed to perform as initially he agreed to do. The trail was to go to the tot lot, and it doesn't do that. Currently, people's yards are trespassed in order to get to the tot lot. 2. User Fees - Trapp Farm and Other Facilities Included in the packet was a staff proposal for a fee structure for park shelter buildings. Staff suggested the park facilities be ,grouped into four classifications for reservation programs: large pavillion (Trapp Farm Park); enclosed shelter buildings (Trapp Farm Park, Goat Hill & Rahn); Open shelters and athletic facility shelters (Northview and Rahn). Fees for the large pavillion would be $35.00 for one-half day (1/2) and $50.00 for a full-day. Fees for enclosed shelters would be $30.00, minimum five hours, with an additional $5.00/hour over five hours. A damage deposit of $100.00 would be required. /O of eagan 9830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN. MINNESOTA 55121 PHONE: (612) 454-8100 August 19, 1986 CARL TOLLEFSON TOLLEFSON BLDRS INC 12617 FAIRGREEN AVENUE APPLE VALLEY MN 55124 CERTIFIED MAIL Re: Briar Hill 4th Addition — Trail Completion/Easements Dear Mr. Tollefson: 'BEA BLOMQUIST Mara THOMAS EGAN .LAMES A SMITH MC ELLISON THEODORE WACHTER ro d Me m THOMAS HEDGES Qty A ftam EUGENE VAN OVERBEKE Qty Cl k - On June 11, you forwarded a letter to Tom Hedges, City Administrator, wherein you stated the problems associated with completing the trailway within the Briar Hill 4th Addition as required in part of the original Development Contract Agreement. Your problems relate to the inability to acquire the necessary easements. Please be informed that your request was processed through the Parks Committee at their meeting on August 7, 1986. After review and discussion by the Parks Committee, they will be recommending to the City Council that the trailway be constructed in accordance with a City approved plan, with your firm responsible for the acquisition of the easements through whatever means necessary. Please be informed that this Committee recommendation and your request will be presented to the Council at their regular meeting on September 2, 1986. If you wish to provide any additional information for the Council's consideration, please forward it to my attention no later than August 27, 1986. Based on the Park Committee's review and recommendation, it is anticipated that the Council will support that action and require you to fulfill your original development commitments. In anticipation of this action, it is recommended you take the appropriate planning measures necessary to fulfill this requirement within the expected completion deadline of October 1, 1986, due to construction season deadlines. Sincer,y, cc: Ken Vraa, Director of Parks & Recreation omas.A. Co ert, P.� Director of Public Works J TAC/J] / w THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY • Agenda Information Memo September 2, 1986, City Council Meeting Page Thirty -Nine CENTRE 70 AND 100 PYLON SIGN AGREEMENT D. Town Centre 70 and 100 Pylon Sign Agreement --At the July 1, 1986 City Council meeting action was taken to adopt a master plan for the placement of pylon signs in the Town Centre 70 and 100 additions. As a result of this action, the City Attorney was directed to prepare a pylon sign agreement and have the same executed between the City of Eagan and Federal Land Company. The agreement has been revised and the most up-to-date copy is enclosed for your review and final consideration. A copy of this agreement is enclosed on pages //7i through i � ACTION TO BE CONSIDERED ON THIS ITEN: To approve the pylon sign agreement with Town Centre and Eagan. CITY OF EAGAN TOWN CENTRE-EAGAN PYLON SIGN AGREEMENT This Agreement, made and entered into this day of 1986 by and between the City of Eagan, a municipality of the State of Minnesota, hereinafter called "City" and the Owners identified herein as Federal Land Company, Eagan Tower Office Building Partnership, and Eagan Heights Commercial Park, whose addresses are, 3460 Washington Drive, Eagan, Minnesota 55122. • WHEREAS, the Owner or Owners have applied to the City for approval of various pylon and/or business signs pursuant to City Code Section 4.20; and WHEREAS, such signs are needed for businesses located within retail and office buildings located in Town Centre -Eagan, which real property is legally described on Exhibit "B" attached hereto; and WHEREAS, in certain situations variances may be necessary due to the lot configurations of certain proposed commercial developments; and WHEREAS, the City desires to prevent the overabundance of commercial pylon • signs affecting the visibility and aesthetics of the area; and WHEREAS, the City has requested an overall plan indicating the location of all pylon signs within Town Centre -Eagan in order to more appropriately address requests for individual pylon signs and avoid a multiplicity of hearings. 117,,- 1 w 1 NOW THEREFORE, the City and Owner or Owners agree as follows: 1. All pylon signs on business premises shall be located as indicated on Exhibit "A" attached hereto with variances to the requirements of Eagan City Code Section 4.20 only in accord with said exhibit, an original of which is on file with the City. 2. The normal public hearing process for a conditional use permit (Code Section 11.40, Subd. 4.B.) for a pylon sign (Code Section 4.20, Subd. 1.C.6.) shall not be required for any sign which has a location specifically designated on Exhibit "A" unless there is a change in the location of that • pylon sign from the location designated in Exhibit "A", and complies with all other ordinance requirements. 3. All signs shall be erected in compliance with all applicable City Code provisions, except that the locations including a maximum of 28 pylon signs shown on Exhibit "A" shall be allowed. 4. The Owners shall provide written notice to buyers and tenants of the contents of this Agreement to avoid any requests for pylon signs that do not comply with this Agreement. This paragraph will not preclude an owner from petitioning the City for a variance from this Agreement. 5. The terms of this Agreement shall be legally enforceable by either party in a court of competent jurisdiction and each of the parties retains the right to assert any legal, equitable, or administrative right of action or defense which may be available by law in order to implement or enforce the terms of this Agreement. //3 2 6. If any portion, section, sub -section, sentence, clause, paragraph or phrase of this Sign Agreement is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Agreement. 7. This Agreement may be recorded with the Dakota County Recorder and the Owner (Owners) shall provide and execute any and all documents necessary to implement the recording of this Agreement. B. The parties mutually recognize and agree that all terms and conditions • of this recordable agreement shall run with the land herein described and shall be binding upon the heirs, successors, administrators and assigns of the Owners referenced in this Agreement. 9. The undersigned owners include all the persons, firms or corporations that hold an interest in Town Centre -Eagan (excluding tenants) and the undersigned officials are authorized to sign this Agreement and to bind the respective parties. 10. The City, by this Agreement, has granted the Owners certain variances • with respect to the location of pylon signs within Town Centre -Eagan in exchange for a limitation on the number of pylon signs which can be erected in Town Centre -Eagan. Therefore, should the provision in the Eagan City Code Section 4.20 which states that "no pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street" be repealed, be declared invalid, or otherwise have no further force or effect, then the P Owners may petition the City according to its procedures then in effect for a variance from the terms of this agreement. ALTERNATE 10. The City, by this agreement, has granted the Owners certain variances with respect to a Location of pylon signs within Town Centre -Eagan in exchange for a limitation on the number of pylon signs which can be erected in Town Centre -Eagan. Therefore, should the provision in the Eagan City Code Section 4.20 which states that "no pylon sign may be located within 300 feet of any other pylon sign, measured on the same side of the street" be repealed, be declared invalid, or otherwise changed so as to allow a lesser distance between pylon signs, then this Agreement shall be renegotiated to conform with such repeal, declaration of invalidity, or change. 11. Sign designated No. 20 on attached Exhibit "A" intended to serve a future motel at the Southeast corner of Yankee Doodle Road and Town Centre Drive shall be moved easterly to comply with the required 300 foot spacing and a ground identification or directional sign shall be permitted at the southeast intersection described ab'ove. • J1�5 4 HAUGE, EIDE & KELLER. P. A. ATTORNEYS AT LAW WATER VIEW OFFICE TOWER. SUITE SOS 1200 YANKEE DOODLE ROAD EAGAN. MINNESOTA ]612] PAUL H. HAUGE KEVIN W. EIDE DAVID D. KELLER LORI M.'BELLIN MICHAEL J. MAYER Mr. Thomas L. Hedges City Administrator 3830 Pilot Knob Road Eagan, Minnesota 55123 July 7, 1986 Re: Town Centre 70 6 100 Pylon Sign Agreement AREA CODE 612 TELERMORE 466.9000 6.66..91224 ® Dear Tom: As a result of the City Council meeting of July 1 and a meeting that I had with Charlie Bartholdi regarding the Town Centre Pylon Sign Agreement, I am enclosing a revised draft with a number of changes primarily incorporating the City Council's direction. Some of the points to be noted are as follows: 1. Paragraph 2. has been changed to exclude the public hearing process unless there is a change in the location of the pylon sign from the location designated in the Exhibit. 2. Paragraph 4. has also been revised to provide that the owners will give notice to buyers and tenants of the Agreement, but gives such buyers and tenants the right to petition the City for a variance. 3. Paragraph 10. is perhaps the most difficult paragraph to deal with and I have included alternates because of the request of Mr. Bartholdi. I have included at the end that the owners may petition the City according to its ® procedures for a variance from the terms of the Agreement, whereas Mr. Bartholdi has asked that the owners be•allowed to renegotiate the entire Agreement in the event that the 300 foot spacing has been changed. This issue should be settled before the final draft and signatures. 4. I have also added Paragraph 11. indicating that sign No. 20, which is a motel sign, should be moved to comply with the 300 foot spacing, but an identification or directional sign would be allowed at the corner. . Very truly yours, HAUGE, EIDE 6 KELLER, P.A. PHH:cjb enclosure cc: Dale Runkle Charlie Bartholdi 116 Paul H. Hauge ., •�C .ice Federal A, , Cant! Company Yankee Square Office Ill • 3460 Washington Drive • Suite 202 • Eagan, Minnesota 55122 • Tel_ of 2-452-3303 July 22, 1986 Mr. Paul H. Hauge, Eide 1200 Yankee Suite #303 Eagan, Mn. Hauge and Keller, P.A. Doodle Road 55123 RE: Town Centre -Eagan Pylon Sign Agreement Dear Paul, During the past several months Dave Keller, yourself and I have diligently worked toward a Pylon Sign Agreemenmt for Town Centre -Eagan Development. Earlier this month you sent to Tom Hedges a draft of the Sign Agreement accompanied by a cover letter'setting forth changes incorporating the City Council's direction pertaining to the Agreement. The draft contained an alternative Provision 10. I have heard nothing further on this matter since your letter of July 7th. I believe that it is in everyone's best interest to finalize and sign the Sign Agreement as soon as possible. Therefore, I have drafted the following Provision 10 in an effort to procure agreement between the parties regarding the Sign Agreement: 40 "10. The City, by this agreement, has granted the Owners certain variances with respect to a location of pylon signs within Town Centre -Eagan in exchange for a limitation on the number of pylon signs which can be erected in,Town Centre -Eagan. Therefore, should the provision in the Eagan City Code Section 4.20 which states that "no pylon sign may be located within 300 feet of any other pylon • sign, measured on the same side of the street" be repealed, be declared invalid, or otherwise changed so as to allow a lesser distance between pylon signs, then this Agreement shall,.bupon ✓ the petition of any of the Owners, revised with respect to the distance allowed between pylon signs to conform with such repeal, declaration of invalidity, or change. For example, if the minimum distance between signs is reduced to 200 feet, then the location of any sign designated on Exhibit "A" could be located 200 feet rather than 300 feet from another pylon sign. Any change in the location of a pylon sign pursuant to this paragraph shall require the normal hearing process for a conditional use permit required for a pylon sign. The revision referred to herein shall apply only to the allowable distance between pylon signs and shall not increase the total number of pylon signs allowed under this agreement." 117 federal land Company Mr. Paul H. Hauge July 22, 1986 Page 2 The foregoing provision addresses my concern that the Owners are not put in an disadvantageous position by the reduction in the minimum distance between signs while satisfying your concern that a renegotiation of the agreement would allow more than the 28 sign limitation.. I am hopeful that this will facilitate the finalization and execution of the Sign Agreement. Once you have had an opportunity to review my you to call me so that we can schedule either negotiation conference. Your cooperation in appreciated. Sincerely yours, Charles R. Bartholdi Legal Department, Attorney ; CRB/ap • proposal, I would like a signing or another this regard is Agenda Information Memo September 2, 1986, City Council Meeting Page Forty PROJECT 484/BUR OAK HILLS ADDITION/ORDER FEASIBILITY REPORT E. Project 484, Bur Oak Hills Addition, Receive Petition/Order Feasibility Report --Enclosed on page/7,0 is a letter from Keith Ha•rstad requesting Council consideration of installing the required streets and utilities for the Bur Oak Hills Addition under a City contract in lieu of their installation through the private development process as originally anticipated. You will note that all detailed plans and specifications have already been prepared by Mr. Harstad"s private consulting engineering firm. However, before the City can proceed with installing these improve- ments under a City contract, the feasibility report and public hearing process must be completed before award of contract. • ACTION TO BE CONSIDERED ON THIS ITEM: Recieve petition and order a feasibility report for Project 484 ('Bur Oak Hills Addition). /1 Harstad Companies August 22, 1986 Mayor and City Council Members City of Eagan 3830 Pilot Knob Road Eagan, Minnesota 55122 Re: Bur Oak Hills Street & Utility Improvements Dear Mayor and.City Council Members: As you are aware, the City of Eagan has previously approved the preliminary plat for the Bur Oak Hills project. Harstad Companies has subsequently prepared and submitted to the City for approval the final plat application along with complete plans and specifications for the project improvements prepared by Merila & Associates, Inc. At that time the plans and specifications were prepared, it was the intent of Harstad Companies to construct all improvements by the private development process. However, due to recent unforeseen events and a more detailed analysis of Harstad Companies total development program for 1986-1987, it is necessary to request the. City of Eagan to construct the improvements through the public improvement process. We have been in contact with Bonestroo Engineering and they suggest the following procedures. Harstad Companies, therefore, is requesting the City of Eagan to take the following actions: I. Establish public improvement projects for the construction of the sanitary sewer, watermain, storm sewer, and -street construction for the Bur.Oak Hills development in accordance to the plans and specifications prepared by Merila & Associates, Inc. 2. Waive a public hearing for.the construction of said projects; 3. Approve the plans and specifications for the said projects prepared by Merila & Associates, Inc. 4. Direct advertisement of bids for said projects as soon as possible so that construction can proceed during the Fall of 1986. We would like to take this opportunity to express our appreciation to the City of Eagan for their cooperation in implementing the project to this stage. We apologize for the lateness of this request, but this action is necessary because of some unforeseen events that have taken place since the initial decision to construct the project by the private development process. We would appreciate the City Council's early consideration of the above request so that the development of the Bur Oak Hills development can proceed in an orderly fashion for an overall benefit to the City as well as the developer. If you have any further questions relative to the above, please call Mr. Ken Briggs at 636-3751. �Res ectful y submitted T Keith T. Harstad, President Harstazt;; anies MEMO TO: HONORABLE MAYOR AND CITY FROM: CITY ADMINISTRATOR HEDGES DATE: AUGUST 29, 1986 SUBJECT: INFORMATIVE MnDOT CORRESPONDENCE Enclosed on page /7-5 is a letter from MnDOT regarding future traffic signals at the intersection of I-494 and Pilot Knob Road. PRELIMINARY PLAT/WILSON ADDITION Enclosed on page is a letter from Brad Swensen requesting a • continuance for the Preliminary Plat Approval of Wilson Addition. This request does not require action by the City Council, however as a notification that the Wilson Addition will appear on either the September 16 or October 7 City Council agendas. HRA STATUS REPORT Enclosed without page number is a copy of Dakota County HRA's status report for their first ten (10) years of existence as a Housing and Redevelopment Authority. AND FAIR LABOR STANDARDS ACT REGARDING Enclosed on pages,qL through 17 is a copy of a memo from the League of Minnesot8 Cities that explains the impact of recent '"•medicare and fair labor standards legislation for the payment of ; election judges and new mayors and city council members. ECONOMICDEVELOPMENT COMMISSION Enclosed on page _ZZg._ is a copy of a letter from Bob Shields informing the City f his resignation as a member of the EDC. Bob has sold his residency in Eagan and will be moving to West St. Paul for both his employment and residency. Mr. Tom Ellingson who is a resident of Eagan and an employee at the Coldwell Banker office at Pilot Knob Road and Diffley, has expressed interest in serving on the Economic Development Commission as Bob's replacement. A letter will be forthcoming from Mr. Ellingson for future City Council consideration. LONE OAK CLOCKS Enclosed on page /30_ is a copy of correspondence from Holly Duffy to Mr. Rod Smith regarding the status of completing the . additional Lone Oak clocks. During the summer of 1983 the City went through a request for proposal process to consider a change in the City's auditing firm. The firm of Deloitte Haskins & Sells was ultimately selected and performed the audit for fiscal years 1983, 1984, and 1985. Auditing costs for these three years were $19,500, $20,500 and $22,500 respectively. The contractual agreement was to pro- vide auditing services for a minimum of three (3) year period with subsequent year's agreements based on successful completion of each year's audit. The Director of Finance and City Administrator would like to recommend the continued use of Deloitte Haskins & Sells for conducting the 1986 audit. The City staff will proceed with this arrangement unless otherwise instructed by the City Council. ANDERSON LETTER REGARDING GARAGE BUILDING PERMIT AT 1472 • EVIEW AVENUE Enclosed is a copy of a letter that was sent to Mr. Dale Peterson from Duane Anderson. This letter enclosed on pages /3/ through 132' includes a copy to Mayor Blomquist and the City Council. LEAGUE OF MINNESOTA CITIES REGIONAL MEETING The League of Minnesota's Regional Meeting is scheduled for Wednesday, September 17 in the City of Medina. Enclosed on pages 133 through /VY is a copy of the agenda and information to be discussed at this Regional Meeting. The City of Eagan will have a staff person represent at the meeting. If any member of the City Council would like to attend, please notify this office. TELEVISING CITY CO_UNCI_L MEETINGS All the equipment for telecasting City Council meetings should be installed in early September. It is possible that the September 16 City Council meeting could be the first City Council meeting televised. Bob Cooper is recommending that the City Council use lapel mikes as opposed to the table mikes to improve the quality of audio for the telecasting of meetings. We should discuss this item if time permits on Tuesday evening. As a matter of record, all equipment for the telecasting of Council meetings including the monitor that will be used for community events and other public access programming in the lobby are being funded by the Cable Commission. The only expenses to the City of Eagan are installation of equipment which has involved some electrician's fees. The Eagan Report that is currently being aired has Gene VanOverbeke as the guest and discusses the budget process. The next filming of the Eagan Report will be early in September on Wednesday, September 3 and will be a special one hour taping with the City Administrator, Pam Wold and Lloyd Krob interviewing the three (3) school superintendents. 1--2-7-- STATUS OF ANIMAL POUND Recently the City Administrator informed the City Council that a petition was received from residents in the Lexington Settlement Addition complaining about dogs barking at the Abel residence. The residents are asking fo'r•a public hearing before the City Council asking that the kennel license be revoked and that the animal pound be relocated to another area of the City. A kennel license is up for renewal January 1, 1987 and since licenses are usually considered prior to the renewal date, the City Administrator has informed the residents that a public hearing will be considered at the October 21 City Council meeting. The Abels are currently considering the sale of their property and have expressed interest in canceling their contract with the City of Eagan to house animals as the City's animal pound. As a result the City Administrator and Chief of Police have been ®reviewing other locations whereby an animal pound may be acceptable to the City. For a copy of a memo prepared by the Administrative Captain refer to pages—'/ The City Administrator will provide an update on this item at the meeting on Tuesday. Also the City received several letters from residents regarding the need to locate an animal shelter for use by the Minnesota Valley Humane Society. Enclosed on pages � through 1�- are several letters that were received during early August from residents expressing their concern over the lack of an animal shelter in Dakota County. JOHN WILKINS LETTER TO CARL TOLLEFSON Enclosed on pages 15V through Lt is a.letter sent by John Wilkins to Carl Tollefson regarding repairs that have not been Wade to his residence. Mr. Wilkins has copied Mayor Blomquist and the Eagan City Council. PUNITIVE DAMAGES/MUNICIPAL OFFICERS OR EMPLOYEES Enclosed on pages 1561 through s is a copy of a letter from Kevin Eide r.egarding various actions that can be taken by the City Council concerning punitive damages against municipal officers or employees. The City Administrator would like some dir-ection regarding this memo. POOLED BOND FINANCING Enclosed without page number is a copy of an article regarding pooled bond financing as prepared by Ehlers and Associates. Ci3 SOUTH AREA TOWN MEETING This year the South Area Town Meeting will be held at the West St. Paul Armory on Robert Street. Hors d'oeuvre and liquid refresh- ments will be served. The candidates will each have a table at a specific location in the armory. They will be available to answer any questions you may have. At the present time they are expecting candidates for all the Dakota County offices, i.e., County Attorney, County Commissioners, and Sheriff, two gubernatorial candidates, four U. S. Representative candidates, as well as candidates for the State House of Representatives and the ,State Senate. The hours for the town meeting are 4:00 p.m. to 8:00 p.m. on Thursday, September 4. Reservations for this meeting have been taken care of. /s/ Thomas L. Hedges City Administrator u • O NESO'4 IS Minnesota 1 a Department of Transportation o� District 9 'oF rRa`'ye 3485 Hadley Avenue North, Box 9050 North St. Paul, Minnesota 55109 Telephone August 21, 1986 'Mr. Thomas A. Colbert Director of Public Works City of Eagan 3830 Pilot Knob Road P.O. Box 21199 Eagan, Minnesota 55121 ® Dear Mr. Colbert: SUBJECT: S.P. 1986 (I-494) at CSAH 31'(Pilot Knob Rd.) Future Traffic Signals 779-1178 This is in response to your July 9, 1986 letter requesting information about when traffic signals, will be installed at the I-494/CSAR 31 ramp terminals. -Based upon traffic data collected last Spring and the rapid growth that is occurring in the area, we agree that traffic signals should be installed at these two intersections. We presently anticipate letting a contract for the signal installation on April 24, 1987. The turn -on date would then likely be in Fall 1987. As with other signals on the Interstate System, we anticipate construction costs will be 907 Federal - 10% State. Dakota County, Eagan, and Mendota -Hefghts will share minor maintenance, relamping, and power costs (according to Dakota County policy). Mn/DOT will be responsible for other maintenance of the signal systems. Thank you for your recommendations regarding the need for signals at this interchange. Sincerely, k[� ermit K. McRae, P.E. / a'✓ District Engineer /a5 An Equal Opportunity Employer �! 5•r TRI -LAND SURVEYING, INC. � 4655 Nicols Road Eagan, Minnesota 55122 .9� (612) 452-5950 August 25, 1986 Mr. Thomas L. Hedges City Administrator 3830 Pilot Knob Road Eagan, MN 55122 Re: Preliminary Plat Approval -- Wilson Addition Dear Tom: • The easterly boundary dispute addressed at the last City Council meeting has not been resolved. In consideration of the nature of this problem, it is my request that the City continue the preliminary plat approval until until I have notified you that the problems have been resolved. I anticipate resolving this matter within the next month. Your anticipated cooperation concerning the above matter is cer- tainly appreciated. Very truly yours, Bradley J. a on sks cc: Julie Dykstra Mary Ann Wilson A IIID LWB league of minnesota cities August 20, 1986 To: Mayors, Managers and Clerks -From: Ann Higgins, Federal Liaison Ann Houle, Research Assistant E • Re: Application of Medicare and the Fair Labor Standards Act to Election Judges and New Mayors and Council Members Election Judges Election judges who are paid $100 per year or less for election work will not be subject to Medicare coverage. Because of an oversight in the law mandating Medicare coverage for newly hired employees, there has been confusion regarding the application of Medicare to election judges. A provision exempting election workers from Medicare coverage was intended to be included in the new law, but it it was inadvertently left out. However, a provision exempting election workers who earn less than $100 per year is included in the budget reconciliation bill which is now being discussed in Congress. The exemption provision will be retroactive to April 1, 1986. The budget reconciliation bill and the exemption provision contained in it is not expected to receive final passage until the end of September. Nevertheless, cities may treat election workers earning less than $100 per year as exempt from Medicare coverage when payment is made for the upcoming primary and general elections. This is possible because the Internal Revenue Service has waived penalties for failing to make Medicare payments until February 2, 1987. By that time, the budget reconciliation bill will have passed and the exemption will be in effect. Those election judges who will earn more than $100 this year for their election work are covered by Medicare. In these cases, a deduction of 1.45 percent from the amount the judges are paid must be made for Medicare, and a matching 1.45 percent contribution must be made by the city. These Medicare contributions should be paid to either the state Social. Security Office, or to the Internal Revenue Service on the quarterly 941E withholding report form, along with Medicare payments now being made for other city employees. 17-7 1 83 university avenue east, st.paul, minnesota 551 01 (S12)227-5600 - 2 - Election judges are subject to the federal Fair Labor Standards Act (FLSA). They must be paid the minimum wage of $3.35 per hour for all hours worked, including training sessions. If regular city employees are also election judges, generally the extra hours worked during an election or for training will not be added to their regular hours for the purpose of calculating overtime. However, if the city employee's regular duties include involvement with elections, the hours spent as an election judge will be counted in calculating overtime, unless the employee is an executive, administrative or professional employee as defined by the DOL and therefore exempt from FLSA overtime requirements. If the employee is non-exempt under the DOL regulations, overtime may apply to employees holding administrative positions such as city clerk, deputy city clerk, or assistant to the manager. For example, if the deputy city clerk works on election preparation as a part of his or her regular duties, and also serves an election judge, the hours worked as deputy clerk and as election judge will have to be added together. If the hours total more than 40 in one week, overtime pay or compensatory time off at the rate of one and one-half hours for each hour worked over 40 will have to be given. New Mayors and Council Members All mayors and council members who are appointed or elected for the first time after March 31, 1986, are subject to Medicare coverage. These council members must have 1.45 percent of their salaries deducted for Medicare, and the city must make a matching payment of 1.45 percent. Medicare applies only to new mayors and council members. Incumbents who are re-elected do not have to contribute to Medicare. If you have any questions concerning the application of Medicare and the Fair Labor Standards Act to election judges and new mayors and council members, please contact Ann Houle at the League office. /7- A MEMBER OF TIE MARS FIN AL 41i 0111< COLOWELL BANNER RESIDENTIAL REAL ESTATE SERVICES WEST ST PAUL 1633 SOUTH ROBERT ST. WEST ST. PAUL. MN 55118 (612) 455 W44 August 20, 1986 Tom Hedges, City Administrator City of Eagan • 3830 Pilot Knob Road Eagan, MN 55122 Dear Tom, Effective October 31, 1986, I will no longer be a resident of Eagan. Consequently, the city will have a need to replace me on the Economic Development Commission. The city may accept my resignation at anytime convenient to them. I can continue to uphold my duties on the commission until a replacement is found, and will attend all meetings of which I am notified. My association with the E.D.C. has been an educational experience, and I enjoyed my participation. S cc: Bea Blomquist, Mayor ,zy Respectfully, Bob Shields ®F 3830 PILOT KNOB ROAD, P.O. BOX 21199 EAGAN, MINNESOTA 55121 PHONE: (612) 454-8100 August 26, 1986 MR ROD SMITH ROSEMOUNT HIGH SCHOOL 3135 143 ST W ROSEMOUNT MN 55068 Dear Mr. Smith: BEA BLOMQUIST MQ r THOMAS,EGAN JAMES A.SMITH VC ELLISON THEODORE WACHTER Council Members THOMAS HEDGES GN Anminlslialor EUGENE VAN OVERBEKE Clry cla As part of the 1985 125th birthday celebration for the City of Eagan, you and students at Rosemount High School volunteered to make Lone Oak Clocks for sale in order to partially finance celebration events. At that time, you stated that youwouldmake 15 clocks for sale as of July 4, 1985 and then would make another 10 clocks for sale during the fall of 1985. As a result, 15 names were drawn from those who submitted requests to purchase clocks and the 15 clocks that had been made were sold to those people. An additional 10 names were drawn for future purchases of clocks. These 10 people were notified that they would be able to purchase a clock during the fall of 1985. To date, we have not received delivery of the additional 10 clocks. We have received many telephone calls from the people whose names were drawn. At this time, I am inquiring whether or not the additional 10 clocks will be delivered to the Eagan Municipal Center for sale purposes. If not, would you notify me, please, so that I in turn may notify the people who had expected to purchase the clocks. We appreciate, the time and work that you and your students have already volunteered for the City of Eagan. Thank you very much. I look forward to hearing from you in the near future. Sincerely, -� 010 V -buCci Holly N. Duffy Administrative Assistant cc: Honorable Mayor City Councilmembers City Administrator Hedges HND/cks /20 THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Mr. Dale Peterson Chief Building Official City of Eagan, P.O.Box 21199 3830 Pilot Knob Road Eagan, Mn., 55121 Dear Mr. Peterson: 1472 Bridgeview Avenue Eagan, Mn., 55121 August 22, 1986 Garage Building Permit #12349 1472 Bridgeview Avenue Lot 3, Block 5 Valley View.Plateau We express our appreciation for your letter dated August 18, 1986, regarding the construction of the accessory building described above. We will also appreciate having the following information Included in our file, as clarification of a reference to a denial of a first appllcatlon for a building permit. This contact made with your Department was our request for information only, and consisted of conversation only, with your Mr. Steve Hanson, •wlo in turn consultod wlLH your Department concerning our pruLlminary sketches. He stated that the unusual grade situation existing had noL been encountered before by him here in Eagan. Based on the information we then received, we changed these preliminary sketches to comply with the height ordinance for that area, and also with a 12' sideline setback, and with added landscaping in consideration of our neighbors. These revisions are described in Para;.,raph 5 of the attached copy of our August 12th letter written to our neighbors. The blueprints, resulting from that preliminary contact with your Department, were then submitted, and became our first and only application for a building permit, which was Issued on July 25th, and Is dated July 28. On August 12th, we filed a revised set of blueprints with Mr. Hanson, showing final considerations as described in the attached letter, Para -7. These revised site plans are the ones accurately described In your August 18th letter, for which we again express our sincere appreciation. • We welcome any further communication with you, Mr. Peterson, with your Mr. Hanson, and with the City of Eagan. Please have this current letter included In our file, and we request that the enclosed three (3) copies reach those concerned: Mayor Blomquist, the City Councllmembers, and City Administrator Tom Hedges. CC': Philip Elgenmann CC: Loren Berkness Attach: Copy August 12 letter Enc: (3) Copies: Mayor BeaBLomquist City Councllmembers Tom Hedges,City Administrator /S/ Tnking you, The Duane Andersons On August 18th, excavation limitations due to the unusual grade, eliminated the lowest sub -level, reducing total floor space to 1200 sq.ft, on each of the remaining two (2) floors, with the current lower level floor-tb-ceiling height now at approximately 10 feet. Dear Neighbore 14'(2 Bridgeview Eagan, Mn., 55121 August 12, 1986 Please know how much we appreciate your valued presence at the meeting at the Harkness home on Wednesday evening, August 6th. A special thank you to Loren and Terri for their kindness in sharing with us. The final blueprints are now on file with the City of Fagan, and we extend a welcome for you to come to our home if you feel there In a need for further understanding. It was within a few yenre after building our home in the early 1960'x, that we became aware of the fact that this auxiliary garage should have been built at that same time. In more recent years, the need became even more evident, and earlier this .year, that decision was made. On Sunday, May 11th, our call to Loren and Terri found them engaged with other plans and unable to come for dinner or for coffee. Subsequent attempts on our part also were unsuccessful, understandably so, with extreme pressures on Loren from intense school and farming schedules. On Sunday, June lat, when Loren could respond to our invitation, and with Jody also present at our dining room table, we discussed our basic plans and shared our preliminary sketches, showing the 30' x 40' dimensions and an 8' sideline setback. With these sketches, we approached the City of Eagan for information, and found no obstacles. They did, however, suggest a note from our neighbor stating his awareness and approval of our intentions. This need was due to the extreme drop in grade at the South West corner of the lot. When it was apparent that Loren was unhappy and displeased, we filed our blueprints with the City of Eagan with a 12' sideline setback; with a reduced distance from our house from 40' to 35'i and with an attached sketch showing added fill to bring that area up to code, also adding terracing and evergreens. On Friday, July 25th, our Building Permit was Issued. On Saturday, August 2nd, Loren expressed profound anger concerning this project. Thus, we made our final plans, with the building moved towards the center of our lot, and turned at approximately a 510 angle to our house. On Tuesday, August 5th, late at night, Mr. Greeno arrived here. On Wednesday, August 6th; the following morning, he immediately set the stakes in this position as described. This day of August 6th, 1986, wad now the first date we could know a certainty concerning the actual building process, that factor having depended upon Mr. Green 'a arrival here. This date of August 6th, 1986, consequently also produced our first available visual siting. This date of August 6th, 1986, was now the first date we could have proceeded with our next plan, to personally invite to our home, each of our other neighbors, one only at a time, to share the plans, to view the site, to have coffee and talk together. However, during that morning of August 6th, Loren came to invite us to hie home for a meeting with the neighbors on that evening, for which we again thank him and Terri, and you, each one who attended. We express special appreciation to Phil for responding to our general invitation at the conclusion of the meeting to come to the site. That invitation stands open, as our appreciation for each of you, our neighbors, also remains unchanged. x Sincerely, Ul U league of minnesota cities Regional Meeting Agenda Afternoon Session 2:30 — 4:30 pm 1. Status Report of LMC Legislative Committees 2. Update on Insurance Issues a. League of Minnesota Cities Insurance Trust b. Tort Liability Changes 3. Question/Answer Session Table Talk Session 5:00 — 6:30 pm City officials will be able to visit with representatives from the Department of Transportation, Department of Energy and Economic Development, Department of Natural Resources, Department of Health and the Pollution Control Agency. Evening Program 6:30 — 9:30 pm 1. Dinner 2. Welcome by Host City 3. LMC President's Comments 4. City Policy Issues 5. Question/Answer Period 6. Brief Comments by Legislative Candidates 133 1 B3 university avenue east, st. paul, minnesota 551 01 (612)227-5600 U league of minnesota cities August 13, 1986 T0: Mayors, Managers, and Clerks FROM: Jim Miller, President, League of Minnesota Cities RE: Regional Meetings The League Board of Directors considers regional meetings to be a major priority for the League. It. is a primary way in which the League Board and staff maintain • contact with members around the state, learn of issues and problems which cities face, and develop information which can become part of League services or legislative policies. This year's meetings are especially important because we are assessing the value of the current format of regional meetings and attempting to get directions from city officials about modifications in the program. We hope that you will attend the meetings and give us your advice about how they can be improved and made more effective for you. Enclosed is an agenda and a list of meeting dates and locations for your information. The 1986 regional meetings will provide an opportunity for city officials to. review the progress of League policy development. We will be asking your opinion of the progress of the League's policy committees and your suggestion for future areas of study. As we all know, this is an election year. The regional meetings will provide an • opportunity for candidates for the Legislature to meet with city officials whom they hope to represent. It is an excellent time to discuss particular problems which your city has and solutions which you would like to see developed at the Legislature. We have also arranged for table talk sessions with representatives of several state agencies which will be held from 5:00 until 6:30. You can seek individual answers to problems of your city with representatives of the Departments of Transportation, Energy and Economic Development, the Pollution Control Agency, and the Department of Natural Resources. (Please see memo from Tom Thelen.) League staff have prepared brief issue papers concerning the work of the policy committees thus far, a copy of each of those issue papers is enclosed for your information. Additional copies will be available at the regional meetings. You may wish to look these over in order to raise questions about the policies which are under consideration by the League committees,. We look forward to seeing you at the regional meetings. JM:DS:rmm 13.e 1 83 university avenue east, st. paul, minnesota 551 01 (61 2) 227-5600 league of minnesota pities DEVELOPMENT STRATEGIES ISSUE PAPER The Development Strategies Committee has identified several areas of study for revision in the League policy governing this field. I. TAX INCREMENT FINANCE • During the last session of the Legislature, the House of Representatives passed a bill which developed new requirements for tax increment finance. The bill did not become law. These requirements, however, included the establishment of a limit for tax increment finance activity by cities, a substantial change in the pre -79 project law, and a number of other changes. The committee will review this area with Representative Schreiber who drafted the bill. They will develop a proposed policy on tax increment finance with last year's legislation as well as new federal restrictions in mind. II. PORT AUTHORITY LEGISLATION The Legislature enacted an economic development authority law which substantially fulfilled the League policy which suggested that all cities should have the ability to establish port authorities in order to do economic development programs. However, the bill which was signed into law by the Governor contains • some significant limitations as compared with the pre-existing port authority statutes which were enacted for individual cities. The committee will consider whether the League should seek additional legislation in this field or be content with the products of the Legislature during the last session. III. DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT PROGRAMS The committee is reviewing the operation of the various programs of technical and financial assistance of the Department of Energy and Economic Development. The committee will consider the adequacy of these programs and develop policy to affirm or ask modification of the DEED programs in this field. IV. HOUSING The currently pending Federal Tax Reform Act renders the current League policy in the housing field in need of substantial revision. The Development Strategies Committee is awaiting the completion of the Federal Tax Reform Act so that the League may work on a policy position which would conform to the restrictions contained in the new federal law. %:JJ 1'83 university avenue east, st. paul, minnesota 551 01 (612)227-5600 1111 IIII MIN U league of minnesota cities Government Structure and General Legislation Committee Issue Paper Committee to focus efforts on tort reform In 1985, the Legislature responded to recent increases in the cost of insuring cities and other local units of government from public liability exposure. The legislation can perhaps be best described as a modest effort to reduce municipal liability exposure in state court actions. Experiences since the enactment of the legislation has demonstrated a continued need for legislative limitations on liability. Further, recent Minnesota court decisions have raised the question regarding the utility of the 1985 legislative enactments. The Government Structure and General Legislation Committee (GSGL) is expected to review and act on both general and specific policy options for further limiting the exposure of municipalities. These policy options include: 1. Adopting additional legislative language supporting the continued existence of the municipal tort liability act. Limiting cities liability exposure for specific types of torts, as well as for overall damage amounts. This action is felt by many to be necessary to prevent a court of law from ruling that the Tort Liability Act is unconstitutional as a violation of the Equal Protection Clause of the Constitution. 2. Addressing the recent Minnesota Appeal's Court decision that held the participation of cities in self—insurance pools, such as the League of • Minnesota Cities Insurance Trust, constitutes a waiver of statutorily provided for defenses to liability. 3. Clarifying the exposure of cities and their taxypayers to punitive damages claims brought against their officers and/or employees. 1985 legislation prohibits cities from indemnifying officers charged by the court with punitive damages for willful or malicious actions. Proposals by interested parties include requiring indemnification for any punitive damage, abolishing punitive damages for government employees, granting governmental bodies the discretion to idemnify employees for punitive damages, or limiting the amount that can be assessed any employee. 4. Possible modifications to 1985 legisation that limits municipal exposure for joint and several liability. These changes may be necessitated due to the potential equal protection problem caused by hte enactment of the section protecting local units of government, but not private citizens or businesses, without specific findings rationalizing the legislative action. The GSGL Committee is also expected to address problems with the open meeting law, state mandates, special assessments, and elections. /3G 1 83 university avenue east, st, paul, minnesota 55101 (612)227-5600 Ilil�1 league of, minnesota cities LAND USE, ENVIRONMENT, ENERGY AND TRANSPORTATION COMMITTEE STUDYING WASTEWATER TREATMENT FINANCING Wastewater Treatment The 1986 Legislature adopted several of the League's proposals for administrative changes in the wastewater treatment construction grants program as well as enacting League supported legislation authorizing the privatization of wastewater treatment systems. The 1987 legislature is expected to continue the analysis of the existing •grant program, explore the creation of a revolving loan fund, and decide on a level of state financial assistance in wastewater treatment programs. Despite determined efforts by local governments and the state, there is still an estimated need for wastewater treatment systems costing approximately $1.1 billion. This need is required to be met by federal legislation that mandates all dischargers of sewage effluent to meet federal standards by 1988. The committee will address the following issues: 1. The level of state financial assistance. Currently, the state contributes approximately $11 million to the state wastewater treatment financial assistance program which is raised out of the cigarette tax. This contrasts significantly with Wisconsin which has raised over $260 million for state assistance to local governments. • 2. The type of state financial assistance. Current federal and state financial assistance programs are in the form of matching grants. There has been preliminary discussions regarding the creation of a revolving loan fund which would provide low or no interest loans, rather than grants, to communties. Whether to proceed with this approach, its level of funding, eligibility requirements, and interplay with the existing grant programs are all issues which need resolution. 3. Additional administrative or agency changes. The future role of the Minnesota Pollution Control Agency in this area is currently under consideration. Options range from removing the agency totally from grant administration oversight to having the agency take complete control of system construction with municipalities taking over the operation and maintenance of the system once the state finishes its construction. 4. Fees for discharge permits. The legislature recently increased the level of state fees for the adm-inistration and enforcement of wastewater treatment laws. The fee formula and fee levels are issues r37 1 83 university avenue east, st. paul, minnesota 551 01 1612)227-5600 that will be addressed by the committee. Other committee issues include land use and planning legislation, annexation, solid and hazardous groundwater protection programs, legislation. waste management, surface and and transportation and transit • /3� �� III IIIID11I' . U league of minnesota cities Personnel and Public Safety Committee Issue Paper Rule of 85 Extension. Should eligibility to retire with an unreduced benefit with any combination of age and years of service equalling 85 or more years be extended to people who qualify on or after January 1, 1987. Local Police and Fire Relief Associations Merging into PERA. Should members of the local police and paid fire pension plans be allowed to elect coverage under PERA rather than their local plan. Should this be allowed and encouraged if the • local plan is eliminated and all active former local members draw benefits and pay contributions under the PERA formula, with the transferring city paying full actuarial costs to PERA. Workers Compensation Offset. Should PERA be allowed to pay full disability benefits to disabled members (especially police and fire members) while the disabled member draws workers compensation payments, as is permitted under the local police and fire plans. Funded Retirees Health Insurance. Should PERA be establish a program to offer health insurance to retired employees. If so, should it be fully or partially financed be governmental employees. Should cities have the option whether or not to participate. Elected Officials Retirement. Should elected officials and volunteers (i.e. ambulance) be subject to the regular PERA program with an option of membership . when salary reaches $325 per month. Or should they be covered under a defined contribution plan similar to an IRA. Discipline and Discharge. Minnesota statutes currently constitute a legal mine field for public employers seeking to discipline or discharge their employees. Any grievance or disciplinary action undertaken by a city may involve the state's Veteran Preference Laws, Public Employer Labor Relations Act, civil service or merit systems, Human Rights Act, as well as federal and state constitutional due process requirements. The committee is currently considering two major approaches to solving the discipline and discharge problem. 1. Accelerate discharge procedures. While the League does not opposes termination hearings where they are required by state statute or federal or state constitutions, it seems an unnecessary waste of taxpayers' money to allow these procedures to last In excess of a year in some cases. The problem, is exaggerated under the state's Veterans Preference Law which provides that a veteran is suspended with pending a final determination by a veterans preference board. In many cases, the result has been payment by the municipality for two employees during the suspension period, a result which is particularly burdensome to small communities. The PPS committee will be studying ways to streamline discharge processes, particularly the veterans preference statutes. J3® 1 83 university avenue east, st. paul, minnesota 551 Oe 1 (61 2] 227-5600 Y Personnel and Public Safety Issue Paper Page 2 2. Dual Disciplinary Hearings. Under current law, employees covered under both a collective bargaining agreement grievance and discharge procedures who are also veterans protected under the veterans preference statutes, are entitled to hearings under both procedures. The result is not only grossly inefficient, but may also be unworkable since the standards for court review of the decisions of veterans preference boards and grievance arbitrators vary significantly. The Minnesota Supreme Court, in a recent case, indicated,its dissatisfaction with the dual hearing mechanism. The committee will consider a policy that legislation be enacted providing that a public employee faced with a potential discharge, would be required to select a single hearing procedure. Pay Equity. The 1986 legislature again considered the issue of pay equity or "comparable worth", in the end enacting a modification to the 1984 statute that, • in the opinion of many, has substantially weakened the ability of local governments and other units of government to maintain equitable compensation relationships in the light of arbitrations for essential employees. The PPS committee will attempt to evaluate problems experienced by cities in the process of implementing the studies, as well as potential problems in maintaining equity once the studies are implemented. • ,. : p IIII,'f Illll U league of g minnesota cities REVENUE SOURCES COMMITTEE DEBATING PROPERTY TAX REFORM AND LOCAL GOVERNMENT AID Although cities were spared major cuts in their state funding this year, the 1987 legislature is likely to consider changes in the property tax system and local government aid • program which could dramatically affect cities' revenues and budgets. The Revenue Sources Committee, composed of representatives from cities throughout the state, will be studying these key tax and financing issues during the next two months. The Committee's recommendations will be the first step in defining the League's legislative policies and priorities for next year. Issues the Committee is considering include: * Property Tax Reform: While applauding simplification and accountability as desirable property tax reform goals, the League's draft policy cautions the legislature to analyze proposals not just for their impact statewide, but also for their effect on individual communities. Major shifts in the relative tax burdens among taxing jurisdictions must be avoided as should major shifts in tax burdens among property classes. The League's draft policy also argues that local • government aid should be maintained as an essential component of the property tax relief system. Additionally, property tax reforms should not jeopardize existing tax increment financing districts. * Local Government Aid: The League's draft policy supports continuation of the local government aid program with annual appropriations increases of six percent in 1988 and 1989. The Revenue Sources Committee will be debating whether the League should recommend specific revisions in the current formula or general principles for reform. These general principles could include: the formula should reflect both need and revenue raising capacity of a municipality; a city's decisions on expenditures for "basic municipal services" should be a factor in the formula; and any major formula changes should allow for adequate transition periods. * Levy Limits: The League's draft policy recommending repeal of levy limit laws will be especially important if local governments are forced to contend with cuts in state and - I 83 university avenue east, st. paul, mmnnesota 551 01 [E 1 21 227-5600 federal financial aid. * Muncipal Bonds: The League's draft policy favors permanent repeal of interest rate limits on bonds enabling cities to respond to changing market forces and federal action,. * Local Option Taxes: The League is considering policy which favors granting cities local option to utilize non-traditional revenue sources, such as sales taxes, to replace loss in state shared revenues. CJ 14- . TE -1-911 league of minnesota cities CURRENT FEDERAL LEGISLATIVE POLICY ISSUES General Revenue Shari With future funding of General Revenue Sharing uncertain, alternatives tothecurrent program of direct federal assistance to local government are being considered by the LMC Federal Legislative Committee. LMC policy continues to support full funding of GRS, along •with explicit concern for future targeting of GRS payments to recognize d'-ifferences in fiscal capacity and the essential role of the federal government in assuring adequate levels of service at the local level. The committee will discuss provisions of the Targeted Fiscal Assistance Act (S. 2037) introduced by Senator David Durenberger and recommend policy to the membership in November. Federal Tax Reform Alarm has replaced earlier concerns over provisions of federal tax reform legislation that severely restrict cities' authority to issue municipal bonds. Imposition of unworkable tests for tax-exempt financing along with the further lowering of an arbitrary per capita volume limit for many types of bonds have left cities without many of the development and public financing tools they have traditionally ® used to improve local economies and infrastructure. Pending final adoption of the 'Tax Reform Act of 1986, the LMC Federal Legislative Committee has been monitoring the legislative deliberations and will make specific recommendations on its provisions with respect to their impact on city finances and development initiatives. Housing Loss of federal housing programs and assistance since 1981 has left cities without the means to provide low and moderate income housing to meet the demand for affordable residential units except through the use of single and multifamily housing bonds. Federal tax reform restrictions may make access to such bond authority even more limited than at present. In that circumstance, the Legislative Committee may look to new strategies and financing alternatives to meet cities' housing needs. . Gramm-Rudman /�5 1 83 university avenue east, st. paul, minnesota 551 01 (61 2) 227-5600 The turning over of direct responsibility for deficit reduction to non -elected federal bureaucrats and the sacrifice of 100 percent of federally funded programs and aid to cities to that budget -cutting process has created a sense of dismay and concern among cities. Members of the Federal Legislative Committee will examine the impact of Gramm-Rudman on cities in 1986 and look at projections for FFY187. Opposition to this means of deficit reduction is likely to be recommended to member cities in November. Stormwater Permits Current LMC federal policy expresses strong opposition to diverting wastewater treatment construction grant funds to address non -point source pollution problems and opposes 1985 proposed EPA stormwater regulations that would require city testing of thousands of outfall sites for stormwater discharge. Modification of the stormwater permit regulations has been making its way through Congress as part of the reauthorization of the Clean Water Act. The Federal Legislative Committee will examine the results of Congressional efforts to develop policy dealing with pollution problems resulting from stormwater run-off and will recommend a position reflecting cities' interests in the compromise legislation. Hazardous Materials Transportation The committee has been following NLC policy deliberations and is working together with the LMC Land Use, Energy, and Transportation Committee to develop policy on the roles cities play in the routing, emergency response, and regulation of the shipment of hazardous materials. 11 1�q OF 3830 Pilot Knob Road Eagan, Minnesota 55122 police department August 15, 1986 TO: TOM HEDGES; CITY ADMINISTRATOR /j(1 FROM: PATRICK GEAGAN, ADMINISTRATIVE CAPTAIN? (M SUBJECT: EAGAN DOG POUND JAY M. BERTHE Chia OI PWIw PATRICK J. GEAGAN ANnlnln ntlw Capvin KENNETH D.A MANN Owmlew Cpvin During the past two weeks I have had several discussions with Judy. Orchard, a resident in the Orin Thompson Development just south of the Eagan Kennel. Ms. Orchard has demanded that Eagan Code Sec. 10.11, Subd. 10, "Disturbing the Peace" be enforced. This section is very clear in that barking, howling and whinning of. dogs is a violation. After discussing the problem with the City Attorney's Office, it appears we will have to take the complaint. on 8/12/86 I spoke to Bill Abel and advised him that he would be charged with the above mentioned code violation if he doesn't solve his problem by 9/14/86. Bill indicated that he has two dogs that make a lot of noise and that he would attempt to get rid of them in the next thirty (30) days. Bill mentioned that the city's impounded dogs may also be causing some of the problem but his dogs are the worst. I feel our problems with the current kennel situation are only just beginning, unless we find an alternative location. Not only will we have Orin Thompson Development on the southside of the kennel, but also Stuarts 1st Addition Apartments (144 units) directly adjacent to Bill Abel's north property line. I have contacted Eagan Hills, Eagan Pet, Lakeside and Shamrock Animal Hospitals and found some interest in the kenneling of our impounded animals. With the kennel permit hearing looming in the near future, perhaps it is time to look for another location for our animals. If you concur, we can work up a proposal for the interested clinics and hopefully have other facilities set up prior to the permit hearing. We have requested $6,000.00 for kennel charges in the 1987 budget. My preliminary contacts with the clinics indicate it will cost $5,000.00 to $6,000.00, some of which would_ be charged back to dog owners who claim their lost pets. We have had occassional complaints regarding hygiene of our current /5� THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY kennel and hopefully using a clinic, those complaints would be eliminated. If you have any other ideas or suggestions, please let me know. PG/ma cc: Jay Berthe, Chief of Police • .0 01 A U,r ri o $� S'T,MER 86' Dear Sir; I avant you to know that as a tax -payer and concerned citizen of this County I think it is inexcusable that we do not have an animal shelter! 'Phe ?%innesota. Valley Hunane Society of Dakota County `1771S) has been strw_glin� for years to build a shelter and hundreds of people like myself support t::^.eir efforts. 4dhy haven't you noticed?? This Fall when the '�'V;S approaches you for support ® I hope you will also reco,-nize the ,rent need we have in this Countv and help us build the shelter ':re need. Thankyou. Respectfully, V ��t 1�7 -''� hi iJ ✓Cld� SII. ic1ER 86' Dear Sir; I want you to know that as a tax -payer and concerned citizen of this County I think it is inexcusable that we do not have an animal shelter! The ?'innesota Valley Humane Society of Dakota County i -S) has been strur- lin-- for years to build a shelter and hundreds of people like myself sur)nort their efforts. ldhy haven't you noticed?? This Pall when the '°'VHS approaches you for support I hope you will also reccL,-:Inize the ;treat need :ae have 40 in this Count9 and help us build the shelter we need. Thanlyou. Respectfully, 4 /�X SU"EIER 861 . l'U C; �f G� Dear Sir; I :-sant you to know that as a tax -payer and concerned citizen of this County I think it is inexcusable that we do not have an animal shelter! The ':innesota. Valley Humane Society of Dakota County (,,!VHS) has been struZ-1inZ for years to build a shelter and hundreds of people like myself support their efforts. Why haven't you noticed?? This Pall ;,hen the ';VHS approaches you for support I hope you will also recocnize the ;creat need we have in this County and help us build the shelter we need. Thankyou. Respectfully, / %1 SUMMER 86' Mark & Suzanne Evans 1471 Richards Court Eagan, MN 55122 41 s��L)U Dear Sir; I want you to know that as a tax -payer and concerned citizen of this County I.think it is inexcusable that we do not have an animal shelterl The Minnesota Valley Humane Society of Dakota County (,NiVHS) has been struggling for years to build a shelter and hundreds of people like myself support their efforts. why haven't you noticed?? This Fall when the MVHS approaches you for support I hope you will also recognize the great need we have in this County and help us build the shelter we need. Thankyou. Respectfully, c, oMot j .>>2Xi&j Q baI �{o Odtp� m *fix yn-SON-kc+V—) 4v 1?4(u# &wL) OL A 4 Om 0o22�rGcat� 9nRQ lx�: {wu Q�rujax�U. ��hc a ail whA -Gu AVXf 60a"t o 1 a.�duluk amJ d -I as 0 �40 ,.._... $ STJTiD!ER 86' Dear Sir; I want you to know that as a tax—Payer and concerned citizen of this County I think it is inexcusable that we do not have an animal shelter! I The ??innesota. Valley `!umane Society of Dakota County (;iVSiS) has been stru Alin. for years to build a shelter and hundreds of people like myself support their efforts. thy haven't you noticed?? • This Eall when the "!VHS approaches you for sunnort I hope you will also reco nize the ,."rea:t need'we have in this County and help us build the shelter 4e need. E Thanl:you. Respectfully, (41Z,- 1_a1_1`! ()/�� 16 i�,U ) ")86 SU id^.ER 86' Dear Sir; I avant you to :snow that as a tax -Payer and concerned citizen of this County I think it is inexcusable that we do not have an animal shelter! The "Unnesota Valley Eunane Society of Dakota County ('AiVi!S) has been strurglin,? for years to build a shelter and hundreds of People like myself support their efforts. l;ny haven't you noticed.?? This Fall %,hen the NVHS approaches you for support I hope you will also recc-'nize the rea.t need we have in this County and help us build the shelter we need. Thankyou. Respectfully, � 1986 0 SU MER 86'. Dear Sir; I 'want you to know that as a tax -payer and concerned citizen of this County I think it is inexcusable that we do not have an animal shelter! The ??innesota. Valley Humane Society of Dakota County ('rIV:!S') has been stru.;Elin,-, for years to build a shelter and hundreds of people like myself support their efforts. 'nhy haven't you noticed?9 This mall ,when the r,'VFS approaches you for support I hope you will also recognize the seat need we have in this County and help us build the shelter we need. Thankyou. Respectfully, �� . WV��"w &L L-] ,'5�3 Don Jensen 717 Ethel Wausau, Wisc. 54401 (715) 845-4835 Mr. Carl Tollefson Tollefson Builders 12617 Fairgreen Ave. Apple Valley, Mn. 55124 Dear Mr. Tollefson: (612) 452-6186 7 EE August 25, 1986 John P. Wilkins 11976 Riverwood Drive Burnsville, MN 55337 (612) 452-6186 Enclosed is a copy of the items that have yet to be completed on our home. Although some of the items on the two pages might be con- strued as minor, they all contribute to the total picture that there is still a lot to be done. We have tried on numerous occasions and have been assured by the appropriate employee that our repairs and questions have been directed to the individual in charge yet they still remain undone. In addition, we have yet to have a satisfactory repair done on our roof. Further, we have lost a great deal of trees in our back yard due to improper drainage, and the grade on the foundation next door to us has caused erosion and sod loss in our yard. I expect answers to the above questions and quick action on solution to the problems. If steps are not taken to remedy the situa- tions by September 15, 1986 this matter will be forwarded to our attorneys for appropriate legal action. Sincerely, cc: Kampmeyer & O'Connor Mrs Bea Bloomquist Eagan City Council Street not finished Street lights not installed /5�� Rain Diverters Screen for basement bedroom Replace door in W/O office Right window -master bedroom weather seal coming off Woodwork separated from walls in W/O - Laundry ect. Remove grout front hall and regrout Regrout thru out and make sure heat vents are flush Chip in woodwork next to stairs -repair not acceptable Repair top step of deck -space is dangerous under gate Family room door frames warped and separated from wall 3 Season porch window frames cracked by painters Woodwork repair dining room, Left of buffet not acceptable Marble chipped - replace F.R. Fireplace Cap H2O pipe in front yard Dining room baseboard left of buffet, not acceptable Informal dining room -left window comes apart when opened and wont close Tape and paint kitchen - Right window Tape and paint masterbath-right of door, still not sanded & repaired Paint right corner by door,living room Tape and paint dining room corner left of buffet Outside trim repaint cedar showing through Repairs on roof on deck and below door Back door, tape showing left top (to garage) Roof repair not working -water still builds up and runs into house 3 season porch leaking causing carpet to mildew 3 season windows defective -unable to open and close with normal effort Grade behind house on 9th addition is flooding our backyard & killing our trees. Spec house next door, grade & house level is causing erosion and excess- ive H2O flow into our yard. Street not finished Street lights not installed /5�� HAUGE. EIDE & KELLER, P. A. ATTORNEYS AT LAW WATER VIEW OFFICE TOWER. SUITE 303 1200 YANKEE DOODLE ROAD EAGAN. MINNESOTA 80123 PAUL H. HAUGE KEVIN W. EIDE DAVID G. KELLER LORI M. BELLIN MICHAEL J. MAYER Mr. Thomas L. fledges City of Eagan Administrator 3830 Pilot Knob Road Eagan, Minnesota 55123 Chief Jay Berthe Eagan Police Department 3830 Pilot Knob Road Eagan, Minnesota 55123 August 1, 1986 AREA CODE $12 TELEPHONE 455.6000 454.4224 0 Re: Punitive Damages Against Municipal Officers or Employees Dear Mr. Hedges and Chief Berthe: I am writing to update my letter of July 10, 1986 regarding this subject. Some of the comments that I made in that letter have turned out to be incorrect. Basically, I understand that various "municipalities" have determined that this legislation does permit cities to continue to indemnify their police officers for punitive damages. Additionally, it does appear that there may be insurance coverage which might be obtained by the City or by the police �---' officers to protect themselves. The City Council could at this time take one of the following actions: 1. Enact a Resolution that the City will continue to indemnify officers for punitive damage awards incurred out of an act taken within the scope of their employment. 2. Take the position that the City will not continue to indemnify the officers, but instead., as a benefit to the police officers, acquire and pay for the premiums on an insurance policy for their protection. 3.. Determine that the City will not continue to indemnify the officers and require that the officers acquire insurance coverage on their own. )5(o Mr. Thomas L. Hedges Chief Jay Berthe August 1, 1986 The new legislation enacted by the Minnesota Legislature reads in the relevant - portion "a municipality may not save harmless, indemnify or insure an officer or employee for punitive damages levied against the officer or employee." As this sentence does not state that the municipality shall not indemnify the officers, various "municipalities" including Hennepin County and the City of Minneapolis have interpreted the legislation to permit a municipality to continue to indemnify the police officers. The word "may" is interpreted to be permissive and not mandatory. This issue of interpretation will probably not be clarified until it is judicially challanged or until corrective legislation is enacted. The language probably cannot be judicially challanged unless and until a punitive damage award is made the payment of the award is challenged by an interested person (taxpayer). Due to the rarity of punitive damages awards against police officers, it is likely that there will be legislation clarifying this situation prior to any judicial interpretation of the statute. It has also been argued that even if the legislation prohibits a city from indemnifying its police officers for punitive damages, it does not prohibit the municipality from acquiring insurance, as a benefit to the employee, for coverage against punitive damage awards. I was initially under the impression that insurance against punitive damage awards in the State of Minnesota could not be obtained. It now appears that this was in error and there may be insurance coverage available. By copy of this letter to Bruce Medvec, I enclose a list of three insurance companies who may provide such coverage along with a brochure from one of the companies. .I believe that Mr. Medvec would be in a better position to screen the various policies available to determine what would be in the best interest of the City or its officers. There has been a substantial amount of discussion of this topic by law enforcement agencies throughout the State. I assume there will be continued discussion and various bodies may take stronger positions with regards to their interpretation of the statute. However, it would appear unlikely that a final clarification of this issue will occur prior to the next legislative session. Very truly yours, HAUGE,'EIIDE KELLER, P.A. 01 W even W. Eide KWE:cjb enclosure I cc: Bruce Medvec /