11/06/1986 - City Council Regular}
ADMINISTRATIVE AGENDA
REGULAR CITY COUNCIL MEETING
EAGAN, MINNESOTA
NOVEMBER 6, 1986
CITY ATTORNEY
Item 1. Resolution to Amend Minutes of October 7, 1986, City
Council Meeting
CITY ADMINISTRATOR
Item 1. Resignation of Administrative Intern
Item 2. Consideration of Resolution for Filming of City Council
Meetings
DIRECTOR OF PUBLIC WORKS
Item 1. Winter Parking Ban Ordinance/Enforcement Policy
Item 2. Contract 85-21, Maintenance Facility Expansion (Color
Scheme)
Item 3. Project 466., Receive ,...Feasibility Report/Order Public
Hearing (Pilot Knob Road Upgrading)
1'
MEMO TO: HONORABLE MAYOR., 8, CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 4,'1986' `
SUBJECT: ADMINISTRATIVE AGENDA''
CITY ATTORNEY
Item 1. Resolution to Amend Minutes of: October 7, 1986, City
Council Meeting--The'-City Council minutes for the October 7, 1986,
meeting should have included a title binder regarding the transfer
of land from Jim Curry's Lexington South to the City of Eagan as
parkland. The resolution was signed and distributed referencing
that City Council meeting; however, there is no record of passage
of the resolution in the official minutes.
ACTION TO BE CONSIDERED ON THIS ITEM: To amend the October 7,
1986, City Council minutes by providing a motion, a second and the
action on an amendment that would adopt a resolution approvings
the subdivision described as parkland that was transferred to the
ownership of the City from the Lexington South Planned Unit
Development.
CITY ADMINISTRATOR
Item 1. Resignation of Administrative Intern --Cheryl Johannes,
our current Administrative Intern, was recently hired as the
Assistant to the City Manager for the City of Shoreview. Cheryl
has submitted her resignation to be effective Friday,, November 7.
For a copy of her resignation notice, refer to page //] .
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of
Administrative Intern Johannes.
Item 2. Consideration of Resolution for Filming of City Council
Meetings --At the October 21 City Council meeting, it was generally
agreed that the official minutes as prepared by the City Attorney's
office would continue as the official record for the City despite
cable broadcasting of City Council meetings. The Cable Commission
will determine how long tapes are retained, how long City Council
meetings are taped, and other related decisions so it is clear
that meetings are telecast as a means of communication and not as
an official record of 'City transactions. The City Attorney has
performed some additional research and provided a resolution for
consideration by the City Council. A copy of his memo is enclosed
on pages 1f1i and1L3 for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny staff
preparation of a resolution relating to the use of video cassettes
and televising of City Council meetings.
/0 r
A
Item 1. Winter Parking Ban ordinance/Enforcement Policy -'-The
City is entering its third snow removal season with the implementa-
tion of the "odd -even" ±''winter parking ban to facilitate and
expedite our snow removal '.;gpe'rations On November 4, Public
Works Street Maintenance personnel met with the Police Department
to review the coordinated efforts required for a successful
snow removal operation.' Enclosed on' ..pages//�/ through//5 is
a summary of the proposed operations discussed at that meeting.
Also enclosed on pages and //I is a notice describing the
parking ban to be implemented on No6ember 15..
During, the staff meeting, there were several questions, comments
and concerns regarding the level of enforcementof this current
City ordinance as we enter our third season. Sergeant Rick
Swanson and Public Works Director Tom .Colbert would like to
review these concerns with the Council in reaching a unified
position regarding the implementation and enforcement of this
ordinance.
ACTION TO BE CONSIDERED ON THIS ITEM: To provide direction to
the Public Works and Police Departments regarding snow removal
operations for 1986-1987.
Item 2. Contract 85-21, Maintenance Facility Expansion (Color
Scheme.) --The construction of the expansion and remodeling of
the City maintenance facility has reached a position where deci-
sions should be made regarding the interior and exterior color
schemes. On November 4'., the staff representative building commit-
tee reviewed various color schemes with the architect and has
made final recommendations for formal Council review and ratifica-
tion_ Mr. David Kroos, of Boarman Architects, Inc., will be
present to review these color schemes with the Council and to
discuss any other aspect of interest or concern.
ACTION TO BE CONSIDERED ON THIS ITEM. To approve the color scheme
for Contract 85-21, Maintenance Facility Expansion/Remodeling.
Item 3. Project 466, Receive Feasibility Report/Order Public
Hearing (Pilot Knob Road Upgrading) --The staff and County have
been working to refine the proposed final construction plans
for the upgrading of Pilot Knob Road from I -35E to Apple Valley
and approximately 1/4 mile in either direction of the intersections
with Cliff Road and Diffley Road. In order to schedule the
neighborhood informational meetings and formal public hearing
required for formal plan approval, the feasibility report has
been prepared which is now being presented to the Council for
their consideration of scheduling the referenced meetings.
It is recommended that .the informational neighborhood meeting
be held the first week of December (December 4?) with the formal
public hearing being held December 16. The Public Works Director
will be available to discuss with the Council the status of
/O /
the project and any particular concerns regarding this proposed
improvement.
ACTION TO BE CONSIDERED ON THIS ITEM: Receive the feasibility
report for Project 466 (Pilot Knob Road Upgrading) and schedule
the public hearing to be held December 16, 1986.
a
i
Cit�strator
l/a
it) ityoFaa9t
city of enc�nn
3830 PILOT KNOB ROAD,
This letter is to officially tender my resignation as Administra-
tive Intern effective Friday, November 7, 1986, to accept the
position of Assistant to the City Manager for the City of Shoreview.
I submit this resignation with a certain degree of reservation in
that I have enjoyed my experience with the City of Eagan and have
valued greatly from it. After considerable thought I have come to
the conclusion that I must take opportunities as they arise and
this move seems to be for the best as I begin my career in Public
Administration.
I wish to thank you for the opportunities that you have given me
as an intern in that no where else could I have gained the kind of
experience that I was able to gain here in such a short period of
time. I feel that I am leaving here with a much clearer
understanding of municipal issues and what it takes to be an
effective manager. I only hope that someday I will be a city
manager with the same degree of organization and integrity that
you display.
Once again, thankyou and I wish you and your staff the best of
luck in the years to come.
Sincerel ,
Che 1 A Johannes
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
P.O. BOX 21199
BEA BLOMQUIST
EAGAN, MINNESOTA 55121
Mo r
PHONE: (612) 454-8100 -
THOMAS EGAN
JAMES A. SMITH
VAC ELLISON
j
THEODORE WACHTER
C .11 Members
October 27, 1986
I
THOMAS HEDGES
COY ACministrwor
EUGENE VAN OVERBEKE
ON Clerk
This letter is to officially tender my resignation as Administra-
tive Intern effective Friday, November 7, 1986, to accept the
position of Assistant to the City Manager for the City of Shoreview.
I submit this resignation with a certain degree of reservation in
that I have enjoyed my experience with the City of Eagan and have
valued greatly from it. After considerable thought I have come to
the conclusion that I must take opportunities as they arise and
this move seems to be for the best as I begin my career in Public
Administration.
I wish to thank you for the opportunities that you have given me
as an intern in that no where else could I have gained the kind of
experience that I was able to gain here in such a short period of
time. I feel that I am leaving here with a much clearer
understanding of municipal issues and what it takes to be an
effective manager. I only hope that someday I will be a city
manager with the same degree of organization and integrity that
you display.
Once again, thankyou and I wish you and your staff the best of
luck in the years to come.
Sincerel ,
Che 1 A Johannes
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
HAUGE, EIDE & KELLIM P. A.
' ATTORNEYS AT LAW
WATER VIEW OFFICE TOWER, SUITE 303
s 1200 YANKEE DOODLE ROAD
EAGAN. MINNESOTA 55123
r
PAUL H. HAUGE -
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN I
DEBRA E. SCHMIDT
November''4, 1986
Mr. Thomas Hedges
Eagan City Administrator
3830 Pilot Knob Road
Eagan, MN 55121
RE: Cable Televising of City Council Meetings
Dear Tom:
A. ISSUE
AREA CODE 612
TELEPHONE 456-9000
454-4224
At the City Council meeting on October 21, 1986, the issue arose regarding
televising of City Council meetings. Bob Cooper has televised both the
October 7 and October 21 meetings and there were questions that have arisen
regarding future playbackby the Burnsville/Eagan cable public access network,
whether live or later playback.
B. QUESTIONS
Some of the issues that have arisen include the following:
1. Is the official videotape of a public meeting considered a public record.
2. How long should tapes be kept by the City.
3. What impact will the taping of City Council meetings have on City Council
minutes.
C. DISCUSSION
1. The question as to public record includes whether the official -written
minutes or the taped cassette is equally important. Obviously, the public
would be able to tape the.council meetings on their own video recorders
with or without permission.
2. There is the issue of the cassettes being brought in as evidence in Court
and if the accuracy can be determined, presumably any evidentiary
objections can be overcome. There is very little technical background on
this issue but we are reviewing it in more detail.
/17,--
1
Mr. Thomas Hedges
November 4, 1984
Page 2
3. The purpose of the televising is' for publicinterest and information by
the cable television customers within the,franchi-se area, and the tape
recordings are not intended to be an official.transcript or record of City
Council proceedings.
D. CONCLUSIONS
1. We have not been able to check deeply into the law on the issues at this
time.
2. It would appear appropriate that a statement be submitted into the record,
on the oral taped cassette, over cable television, and in the official
minutes, generally as follows:
"Eagan City Council position on cable televised City Council meeting
video cassettes." The Eagan City Council has authorized Group W, the
franchisee of the Burnsville/Eagan Cable Television System, to begin
taping part or all of the regular Eagan City Council meetings.
Equipment owned by Group W is being used to.tape the meetings, as
well as certain equipment that was purchased and installed by the
City of Eagan. Volunteers are accomplishing the taped proceedings
and it is anticipated that the tapes will be used for future public
review on the Burnsville/Eagan Cable System.
The Eagan City Council does not intend to use the taped cassettes for
official City business purposes and the City Council does not give its
consent to the use of such proceedings by the generalcable television
audience. Permission to use the televised cable tapes and recordings may
be given only by the City of Eagan by submitting a request to the Eagan
City Hall at 3830 Pilot Knob Road, Eagan, MN 55121, Tel. X6454-8100
3. We would suggest the cassettes be kept in the City records for about one
year but this policy could be reviewed from time to time.
PHH:sas
cc: Bob Cooper
Ralph Campbell
//3
Very truly yours,
(;a
l H. Hauge
.,_ .0,d, , ,,-
1986 - 1987
Snow and Ice Control
MAINLINE PLOW ROUTES:
For the '86 - '87 snow season there will be a total of
8•plow routes. Route 0 8, which is -located in the southwest
area of Eagan and the furthest route from our temporary street
maintenance facility on 2815 Dodd Road, will be contracted 1
at an hourly rate. This route will be plowed using a motor
grader with operator.
The other 7 routes will be plowed using Street Department
personnel and equipment which consists of (1) one tandem dump
truck with wing and sander, 4 single axle dump trucks with
wings and sanders, one (1) single axle with underbody plow
and sander, and one (1) motor grader.
Most of the plow routes contain between 17 and 20 centerline
miles of streets except for route A 4 (approximately 13.5 miles)
which has been assigned to vehicle 1 116 (single axle dump
truck with no wing plow).
Depending on weather conditions, we are anticipating
a starting time for mainline routes at 3:00 A.M. or 4:00
A.M. with Cul -De -Sac routes beginning One (1) hour later to .
eliminate Cul -De -Sacs being plowed before the mainline trucks
arrive. -
During our plowing operation we will assign Joel Fleck
with Unit A 114 (1 ton with sander) as a floating sanding
truck to be utilized in mainline route D 6 and 4 8 and other
priority areas as needed. This should eliminate the need
to remove a mainline truck from the progression of his.route
in some instances.
We have installed a 110 gallon diesel tank with pump.
on Unit # 104 ('82 Chevrolet Pick.Up) for refueling of equipment
when necessary.'
SANDING ROUTES:
Our.sand/salt storage will be located at 2815 Dodd .Road.
All mainline -route drivers will have the responsibility
for sanding their respective routes when we are performing
a sanding/salting operation. -Wayne Beckman will be responsible
for sanding route 8 (contract route) with Unit U 118 0 ton
with sander). Kurt Schlegel (Unit 6 116) will assist Wayne
with route 8, usually maintaining the area west of 35E.
Route 6 (motor grader) will be sanded by John Kreager
using Unit 6 128 0 ton with sander).
CUL DE SAC ROUTES:
1
For .1986 - 1987 we will have a toGal.of 7 Cul -De -Sac
routes. Route n 7 will be contracted on`in hourly rate using
a loader with operator.
The other 6 Cul -De -Sac routes will be plowed using Street,
Utility and Park Department personnel and equipment which
includes 1 loader and 5 - 1 ton trucks. j
The number of Cul -De -Sacs on each route ranges from 40
Eo 47.
Cul -De -Sac routes d2, 3, 5, and 6 will originate at 2815 Dodd
koad and drivers on these routes will report there. Route
0 1 (Unit 4 206) can start from the Water Treatment Plant
where it will be stationed. Route 0 4 (Unit 0 314) can begin
his route from the Wichester Building on Seneca where the
Parks Department vehicles are located.
We have pea gravel available that could be loaded on
the Parks or Utility Department vehicles for sanding if needed.
Because pea gravel will not freeze in the box like sand, we
would not mix salt with it therefore preventing corrosion
of the equipment.
All drivers will be given progression maps.and lists
of their routes plus a map showing the other route areas.
3830 Pilot Knob Road
Eagan, Minnesota 66123
1
police department
. AY N. 6ERTNa
. QV Y,OId
PATRICK I GEAGAN
o■ eager � KENNETH a. AalWNN
W A R N I N G
YOUR VEHICLE IS IN VIOLATION
Effective November 15th until April 15th, Eagan City
Code, entitled "Snow Emergency" is amended as follows:
On odd -numbered days, parking shall be permitted only on that
side of the street with odd -numbered addresses for a period of
twelve (12) hours beginning at 6:00 A.M. and continuing until
6:00 P.M.
On even -numbered days, parking shall be permitted only on that
side of the street with even -numbered addresses for a period of
twelve (12) hours beginning at 6:00 A.M. and continuing until
6:00 P.M.
Parking is permitted on either side of the street from 6:00 P.M.
to 6:00 A.M. unless otherwise posted.
THIS IS TO WARN YOU THAT VEHICLES PARKED IN VIOLATION OF THE
ABOVE WILL BE TAGGED AND/OR TOWED.
Thank you for your coop ion.
7
J M. Berthe
C i f of Police
Ci y of Eagan
//�
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
G
EA GAN
a Current newspaper
SECTION A Monday, Nov. 5, 1984 Vol. 5, No. 45
Bringing you the news of the people, the neighborhoods and business o1 Eagan -
P rkana
signs
Pcs ted
by Tim O'Donnell
The signs of winter are
popping up all over Eagan.
No, they're not flooding
skating rinks. No, snow
throwers are still in their
starting gates.
The signs are real — metal
and painted black and red —
and they explain where you
can and cannotpark yourcar
this winter.
The winter parking regula-
tions are in effect from 6 a.m.
to 6 p.m. each day from Nov.
15 to April 15.
During those times, you
can park on . the odd.
numbered side of the street
on an odd -numbered calen-
darday. And you can park on
an even -numbered side of the
street on an even -numbered
calendar day.
Let's say you live at 621
Signs outlining Eagan's winter parking ordinance are
,posted throughout the city.
Eagan Ave. When the winter
even day and even side.
parking regulations begin
The reason for the parking
Nov. 15, don't worry, you can
ordinance is that it will help
still park in front of your
house. But leave a little room
make for easier snow
for the neighbor across the
removal.
And if you ignore the park -
street in house. No. 624
ing regulations? Well, they
because he'll have to park on
contain a paragraph that
your side of the street..
says the city may impound
p
The next da Nov. 16,
y.
and remove your car.
you'll both have to park in
Happy winter!
front of 624 Eagan Ave. —
Because of the General Election on Tuesday, November 4, the City Council
meeting will be held Thursday, November 6.
AGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
CITY HALL
THURSDAY, NOVEMBER 6, 1986 j
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE
II. 6:35 - ADOPT AGENDA 6 APPROVAL OF MINUTES
P. I III. 6:40 - PROCLAMATION, COMMUNITY EDUCATION DAY
IV. 6:45 - DEPARTMENT READ BUSINESS
I .,3 A. Parks and Recreation Department
1. Parks Dedication Policy
B. Public Works Department
1. Consider Petition to Remove Stop Sign - Denmark Avenue at
Denmark Court
P,\r1 2. Consider Termination of Road Access Easement - Safari Reservoir
�,a,a3. Approve Specifications/Authorize Advertisement for Bids (Road
Grader)
T,a_3 4. Approve Resolution Requesting I -35E Access Ramp
v. 6:55 - CONSENT AGENDA
�a'l A. Contractor Licenses
P. a9 B. Personnel Items
P.!i2C. Approve Joint Powers Agreement, Inver Grove Heights Snow Removal
(Bur Oak Hills Addition)
q 33D. Fire Department Request for Use of Star City Logo
\ 54 E. Project 482, Receive Feasibility Report/Order Public Hearing (Nancy
T. Circle)
35F. Project 483, Receive Feasibility Report/Order Public Hearing
\ (Splashland)
3+G. Terminate Agreement with Dakota County Soil and Water Conservation
Q District, Wetland Inventory
'51H. Approve Final Plat, Wilderness Ponds Addition
�3qI• Project 487, Authorize Feasibility Report (Braun Court)
Project 488, Receive Petition/Order Feasibility Report (Blackhawk
Road - Streets and Storm -Sewer)
VI. 7:00 - PUBLIC HEARINGS
Q a0 A. Final Assessment Hearing for Project 419, Slaters Acres
VII. OLD BUSINESS
VIII. NEW BUSINESS
ci 3 A. Resolution Authorizing Amendments to $12,580,000 Multifamily
Rental Housing Revenue Bonds (Royal Oak Circle Project)
B. Off -Sale Liquor License in Town Centre 70 for Big Top Wines &
Spirits (Sidco, Inc.)
p S ( C. Consideration of Revocation of Final Plat Approval (Fairway Hills
1st Addition) +,
I%. ADDITIONAL ITEMS
A. Public Improvement Contracts
F. S5 1. Contract 86-20, Consideration of Awarding Contract (Windtree
1 7th Addition)
5 t 2. Contract 86-27, Approve Plans/Order Advertisement for Bids
(Wilderness Ponds Truck Storm Sewer)
3. Contract 85-8, Final Payment/Acceptance (Town Centre 70 & 100 -
11 Streets & Utilities)
574. Contract 85-9, Final Payment/Acceptance (Town Centre 70 & Birch
Park - Streets)
p S15. Contract 85-16, Final Payment/Acceptance (Eagan Wood Office
1 Park, Safari 2nd)
r� 6. Contract 85-27, Final. Payment /Acceptance (Eagandale Court -
1 Streets & Utilities)
5�1 B. Discussion of Enforcement of Section of City Code Dealing With
Large Vehicles
C. Private Improvement Contracts
�2 1. Contract 84-G, Final Acceptance (Lexington Place 1st Streets)
P2. Contract 84-P, Final Acceptance (Lexington Place 2nd - Streets)
n.(0'5
1 D. O'Neil vs. City of Eagan Lawsuit Update
(�4 E: Corrective Strategies for Part 150
P Gg F. Utility Billing of Rental Units
X. VISITORS TO BE BEARD (for those persons not on the agenda)
IS. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM': CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 31, 1986
SUBJECT: AGENDA INFORMATION
After approval is given to the November 6; 1986, agenda, regular
City Council meeting minutes for the October 21 meeting and
minutes for special meetings held on October 14 and 27, the
following items are in order for consideration.
The City has received a request from the Community Education
Advisory Commission of Independent School District #191 for
November 18, 1986, to, be proclaimed as Community Education Day
within the community. The proclamation calls upon the people
of our community to recognize and to participate in this observance.
A copy of the proclamation is enclosed on page
ACTION TO BE CONSIDERED ON THIS, ITEM. To proclaim November 18,
19186, as Community Education Day in the City of Eagan.
I
YWZr��: The State of Minnesota has been a leader in the Community Education
movement since the 1969 Conference on the Lighted School House; and
BIW �ergag: Local School Boards, citizen advisory councils and local governments
throughout Minnesota have supported Community Education concepts; and
• YW�r��: Community Education efforts enhance the effectiveness of local resources:in
meeting local needs; and
bereaa: Community Education provides opportunities for life-long learning to
people of all ages, from all walks of life; and
CNV b3MVIO: Community Education is an integral part of the total educational effort of the
community providing the right to education to every citizen in the state; and
ilW DIZVVI$: Tuesday, November 18, 1986, has been declared National Community
Education Day and incorporated as part of American Education Week;
�Plobu, $J�r�ior�: As mayor of this city, I proclaim November 18, 1986, to be
And I call upon the people of our community to recognize and to participate in this observance.
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Two
A. PARKS AND RECREATION DEPARTMENT
After a third revision of the Parks Dedication Policy the Parks
and Recreation Advisory Commission is recommending the policy to
the City Council for review and adoption. Th.is policy is
entitled "Policy Adopting Standards and Guidelines for
Determining that Portion of Land Being Platted, Subdivided or
Divided Which is to be Conveyed or Dedicated to the Public for
Park or Recreation Purposes or with Respect to Which Cash is to
be Contr..i;but.ed to the City in Lieu of Such Conveyance or
Dedication." It is anticipated that implementation would occur
on January 1, 1987. The Director of Parks and Recreation will be
present to review the policy and answer any questions the City
Council might have. Since the Parks and Recreation Advisory
Commission is meeting in the lunchroom at the same time the City
Council is in session, it would be possible to have Ken reappear
later in the meeting for further discussion if there are
questions and input desired by the City Council,.
For a copy of the Park Dedication Policy, refer to pages
through 9 .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
Parks Dedication Policy for amendment to the City Code as
presented or revised.
Fi
CITY OF EAGAN
PARK DEDICATION POLICY
POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT
PORTION OF LAND BEING PLATTED, SUBDIVIDED OR DEVELOPEDWHICH
IS TO BE CONVEYED OR DEDICATED TO THE PUBLIC FOR PARK OR
RECREATION PURPOSES OR WITH RESPECT TO WHICH CASH IS TO BE
CONTRIBUTED TO THE CITY IN LIEU OF SUCH CONVEYANCE OR
DEDICATION, ALL AS PROVIDED BY SECTION OF THE
CITY CODE.
1. PURPOSE:
The City Council recognizes it is essential to the, health, safety and
welfare of the residents of Eagan and persons working in Eagan, that the
character and quality of the environment be considered to be of major
importance in the planning and development of the City. In this regard,
the manner in which land is developed and used is of high priority. The
preservation of land for park, playground and public open space purposes
• as 1`t relates to the use and development of land for residential,
commercial/industrial purposes is essential to the maintaining of a
healthful and desirable environment for all citizens of the City. The
City must not only provide these necessary amenities for our citizens
today, but also be insightful to the needs of our future citizens.
It is recognized by the City Council that the demand for park, playground
and public open space within a municipality is directly related to the
density and intensity of development permitted and allowed within any
given area. Urban type developments mean greater numbers of people and
higher demands for park, playground and public open space. To disregard
this principle is to inevitably over -tax existing facilities and thus,
diminish the quality of the environment for all.
The City's Park Systems Plan ,Study has established minimum community
criteria for meeting the needs of the residents of Eagan. In order to
• meet the community needs for parks and open space, 15 acres of park shall
be required for each 1,000 residents, of which 12 acres shall be
designated as neighborhood parks.
This shall be the standard upon which the City shall establish its
parkland and parks cash dedication.
It is the policy of Eagan that the following standards and guidelines for
the dedication of land for park, playground, and public open space
purposes. (or cash contributions in lieu of such dedication) in the
subdividing and developing of land within the City shall be directly
related to the density and intensity of each subdivision and development.
2. RESIDENTIAL PARKLAND DEDICATION
The amount of land to be dedicated by a developer shall be based on the
gross area of the proposed subdivision, proposed type of dwelling unit and
density. Census data for 1985 of 3.5 residents for single family, 2.8 for
duplex, 2.1 for townhouse/quad. and 1.9 for apartments has been used as
density standards for formulating calculations in meeting the criteria of
park needs of Eagan residents.
a
The formula for land dedication:
The greater of 1) proposed units per acre or 2) zoned density.
DWELLING UNITS
0 -
1.9
units
per
acre
1.9 -
3.5
units
per
acre
3,5 -
5.9
units
per
acre
6 -
10
units
per
acre
10 +
units
per
acre
LAND TO BE DEDICATED
8%
10%
12%
14%
Add .5% -for each unit
over 10
3. STANDARDS FOR ACCEPTING DEDICATION OF LAND FOR PUBLIC PARK PURPOSES
A. Land proposed to be dedicated for public purposes shall meet
identified needs of the City as contained in the Park Systems Plan,
Comprehensive Guide Plan and Trails Plan.
B. Prior to dedication for public purpose, the subdivider shall deliver
to the City Attorney, an abstract of title or registered, property
abstract for such dedication. Such title shall vest in the City good
and marketable title, free and clear of any mortgages, liens,
encumbrances, assessments and taxes. The conveyance documents shall
be in such form acceptable to the City.
C. The required dedication and/or payment of fees -in -lieu of land
dedication shall be made at time of final plat approval.
D. The removal of trees, topsoil, storage of construction equipment,
burying of construction debris, or stockpiling of surplus soil is
strictly forbidden without the written approval of the Director of
Parks & Recreation.
E. Grading and utlity plans, which may affect or impact the proposed park
dedication, shall be reviewed and approved by the Parks and Recreation •
Director prior to dedication, or at such time as is reasonably
determined.
F. To be eligible for park dedication credit, land dedicated is to be
located outside of drainways, flood plains or ponding areas after the
site has been developed. Grades exceeding 12% or are unsuitable for
parks;de,yelopment shall be considered for partial dedication.
Where ponding has been determined to have a park function, credit will
be given at a rate of 50% of the pond and adjoining land area below
the high water level; a minimum of 70% of land above the high water
mark shall be dedicated before pond credit is granted. Other City
park dedication policies relating to pond dedication must also be
complied with.
In those cases where subdividers and developers of land provide
significant amenities such as, but not limited to swimming pools,
tennis courts, .handball courts, ball fields, etc. within the
development for the benefit of those residing or working therein, and
where, in the judgment of the Director of Parks & Recreation, such
amenities significantly reduce the demands for public recreational
facilities to serve the development, the Director may recommend to the
Advisory Parks and Recreation Commision that the amount of land to be
dedicated for park, playground and public open space (or cash
contributions in lieu of such dedication) be reduced by an amount not
to exceed 25% of the amount calculated under paragraph 2'above.
G. The City, upon review, may determine that the developer shall create
and maintain some form of on-site recreation use by the site residents
such as tot lots and open play space. This requirement may be in
addition to the land or cash dedication requirement.
4. CASH DEDICATION
If, at the option of the City, it is determined that a cash dedication
shall be made, said cash shall be placed in a special fund for Parks &
Recreation use and deposited by the developer with the City prior to final'
plat approval.
The City' Council, upon review and recommendation of the Advisory Parks &
Recreation Commission, shall, annually determine by resolution the park
cash dedication fee per residential unit. Said fee shall be determined
by the average market value of undeveloped residential property by zoning
classification, served by major City utilities, divided by the number of
units per [acre, which shall provide the equivalency of twelve acres per
thousand' population.
Said cash idedication, effective January 1, 1987 shall be:
HOUSING TYPE AVERAGE MARKET VALDE UNITS PER,100 POP. CASH EQ.
PER RES.
UNIT.
Single family $11,000 per acre 28
$471.00
Duplex 13,000 per acre, 35 445.00
Townhouse/quad. 15,000 per acre 47 382.00
Apts/multiple 17,000 per acre 52 392.00
Cash dedication shall be determined/computed at the rate in effect at the
time of final plat.
5. INDUSTRIALLCOMMERCIAL DEDICATION REQUIREMENTS
Subdividers and developers of commercial/industrial land, including
commercial /industrial portions of Planned Developments, shall be required
at the time the site plan is approved and building permits are issued to
dedicate to the City for park, playground, and public open space purposes,
an amount of land up to 7.5% of the net land area within the development
as determined by the City.
In those cases where the City does not require park or open space within
such developments, the City shall require payment of fees in lieu of such
O
land dedication in an amount equal to $.044 per square foot of net land
area, or such amount as determined by the City Council. Cash shall be
contributed at the time of approval of each final plat or at the time of
site plan or building permit approval as determined by the City. The fee
dedication requirement for all commercial/industrial plats which have
received site plan approval prior to January 1, 1983, but have not been
issued building permit approval, the City shall be in an amount equal to
$.02 per sq. ft. of net land which shall be contributed at the time of
building permit approval.
A credit of up to 25% of the required dedication may be allowed by the
City Council for on-site storm sewer, water, ponding and settling basins
provided that such improvements benefit identifiable park and recreation
water resources.
The City Council, upon review and recommendation of the Advisory Parks &
Recreation Commission, may annually review and determine by resolution an
adjustment to the industrial/commercial fee based upon the City's estimate
of the average value of undeveloped commercial/industrial land in the
City.
6. REQUIRED IMPROVEMENTS
Developers shall be responsible for making certain improvements to their
developments for park, playground and public open space purposes as
follows:
A. Provide finished grading and ground cover for all park, playground,
trail and public open spaces within their development as part of
their development contract or site plan approval responsibilities.
Landscape screening, shall be in.accordance with City Policy.
B. Complete, construct and pave all trails identified in the City's
Trail Corridor Plan concurrently with the roads in their developments
(i.e., grading with site grading and paving with street or parking
lot paving.) No park dedication credit will be given for connecting
these trails to existing or proposed trails identified in the City's •
Trail Corridor Plan.
C. Complete, construct, and pave trails which may be required, as a
trail link connector between existing trails as identified in the
City's Trail Corridor Plan. Such trails may be with residential
street right-of-ways. No park dedication credit will be given for
these connecting links.
D. Establish park boundary corners for the purpose of erecting park
limit signs. The developer shall contact the appropriate Parks &
Recreation Department personnel for the purpose of identifying park
property corners.
E. Provide sufficient public road access of no less than 300 ft for
neighborhood parks, and additional frontage for community parks.
7. AUTHORITY
The State of Minnesota has recognized the importance of providing for
parks and open -space in M.S.A. 462.358, subdivision 2 (b) which clearly
4
gives the right to Cities in it's subdivisions regulations to require
reasonable portions for public use. The City of Eagan has, by this
dedication policy, chosen to excercise this right in establishing minimum
requirements for meeting the public needs.
•
•
Agenda Information Memo„
November 6, 1986, City Council Meeting
Page Three
B. PUBLIC WORKS DEPARTMENT
1. Petition to Remove Stop Sign - Denmark Avenue at Denmark
Court --At the August 27, 1981 Council meeting, the Council
received a petition from 38 individuals representing 26
properties within the Pilot Knob Heights 4th Addition adjacent to
Denmark Avenue requesting the installation of stop signs on
® Denmark Avenue at its intersection with Denmark Court. In
response to the petition, the Council authorized the installation
of the requested stop sign.
On October 15, 198,6, the ity received the petition enclosed on
pages - through of 32 individuals 'representing 23
properties requesting the removal of this stop sign.
In response to this request for removal, 70 individuals
representing 47 properties have submitted a petition reaffirming
their previous support for this stop sign to remain as it
presently exists.
Denmark Avenue is classified as a neighborhood collector with an
existing MnDOT authorized speed limit of 30 mph from Wescott Road'
to Duckwood Drive. It is a 44' wide urban roadway within a 60'
• right of way with no off street trailway or trailway or sidewalk.
There are numerous individual direct driveway accesses onto this
segment of Denmark Avenue.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petitions
both for and against the removal of the existing stop sign on
Denmark Avenue and Denmark Court and reaffirm or order the
removal of the existing stop signs.
N
134'5 L'eerwood Drive
Hagan, b9innesota 55123
OctoLer 14, 1985
City Council of Eagan
LaeOn City llall
!'lagan, Iiinnesota
To the Council.
Enclosed is a petition, with 3�-signatures , which I
ash that the Council act on. The petition is as follows:
"Tris is a Petition to have north and south stop k-irns
removed from Denmark Avenue at Denmark Court in Lagan.
.e contend Denmark Avenue is a through street and should
not be encumbered by superfluous stop sighs impedin
the smooth flog of traffic. They also cause unnecessary
pollution and vicar on cars,"
I would further like -to state that there are already
two other stop signs on Denmark Avenue at Duckwood and hescott.
Also this part of Denmark is zoned at 30 miles per I -,our,
.,ome -residents living .in tl�is area are concerned about
speedin-. So I would suggest the police monitor the area.and
possibly put up "Caution, Child -en" and "Radar Zone" signs,
• Thank you,
Th ret
Sncl. retition, }mo pages
Very truly your,
Partin RodicP
/0
par;c 1
: cpLvll,iiCL•
Tris is a etition to have north and south stop siDr,s
remo seri frons 3611111a'rk enu.ue at Decaulrk Court in ELL -all. "Ie Cou-
i;eud. :)ennULrk Avenue is a th!:OLi, hl sheet and should not be en-
cu:n'rcrc-:d by superfluous stop :inn_; impudiu g tha smooLh flow Of
is ie, i'f ic. 'ihey also cause unrecessaay pollution and 'wear ou cure.,
A,
l7,
/_'/7 Cr'f� /�✓
cc-cy�r�n—
G�4'f
E
September 29, 1980'
This is a Petition to have riorth and south stop signs removed
from Denmark Avenue at Denmark Court in Eagan, 6le contend Denmark
Avenue is a through street and should not be encumbered by
superfluous stop signs impeding the smooth flow of traffic. They
also cause unnecessary pollution and wear on cars.
Address,
Ade
36S
1365 --
NIe��Iz �N. Gk yaw
3 ys
14
FOR CITY USE ONLY
Date Received/()
To Council
Approved
PETITION
STOP SIG]
IAM, the undersigned hereby petition the City Council of the City of Eagan to
th
retainins=lk stop signs on DENMARK AVENUE_
at the intersection wiDENMARK COURT
retention
I/we, request this ZDLW-V&g2(%bM for the following reasons:
1. Denmark AV was designed as a residential street (60' R.O,W,)
and not as a through street to a major shopping area, Denmark AV
does not have sidewalks so pedestrians must walk in the road,
z Denmark AV has been greatly impacted by the newly created Fish Lak,
Park (1985) with a public access a future playground equipment proposed,
Fish Lake Park is 150' from the existing stop sign & serves as a means
to cross safely to the park,
3• Vehicles traveling in a. -.north or south direction should be
encouraged to utilize Pilot Knob Rd or Lexington AV for safer and faster
travel.
4. The signatures on this petition reflect the concerns of many
residents in the immediate area of the stop sign,' The sign in question
was approved by The City Council in 1981 because of increased traffic
in the area. This fact still remains today considering the new development
to, the north This
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)
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Agenda Information Memo,
November 6, 19.86, City Council Meeting
Page Four
2. Consideration of Termination of Road Access Easement - Safari
Reservoir --In March 1985, the City Council approved an "access
agreement" to allow the property owner use of the City's Safari
Reservoir access road to obtain access to their property in Apple
Valley adjacent to the reservoir site. Recently, this property
has been platted and is undergoing single family development.
The current owner of the property has requested the City to
•terminate this previous access agreement to clear title to the
property.
In researching our files, it has been discovered that the City
has never been reimbursed for the City Attorney's time spent in
drafting and recording the original access agreement.
With the recent change in ownership of the property, the new
owner does not feel responsible for the previous owner's'
liabilities. Enclosed on page is the letter sent to the
current owner informing him of the conditions that must be
fulfilled before the City would consider terminating the previous
access agreement. Enclosed on page L1_ is a request by this
current property owner to discuss the staff's requirement with
the Council. It is anticipated that the petitioner will be
available to further discuss his position regarding liability
•for this unpaid balance and the City's termination of the access
agreement at the November 6 meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the
termination of the road access agreement (Safari Reservoir) with
conditions that are appropriate.
/9
rya �
IUiI .,
3830 PILOT KNOBROAD, P.O. BOX 21199
EAGAN, MINNESOTA 55121
PHONE: (612) 4548100
October 17, 1986
MR VERN SCHWARTZ
14629 HAMPSHIRE PLACE
BURNSVILLE MN 55337
RE: SAFARI RESERVOIR - ROAD ACCESS AGREEMENT
Dear Mr. Schwartz:
BEA BLOMQUIST
Mayor
THOMAS EGAN
JAMES A SMITH
%AC'.ELIISON
THEODORE WACHTER
CO 11 Members
THOMAS HEDGES
City Atlminuuola
EUGENE VAN.OVERBEKE
City Cleik
I have reviewed your request to vacate and terminate the previous
road access agreement, dated March 5, 1985, and recorded April
10, 1985, as Document #683933.
Our City Attorney has prepared the appropriate "Termination
of Access Agreement" that must be signed by all identified property
owners before the City will consider formal approval. IAlso,
it has been discovered that Mr. Ray Hermanson, who initiated
the original agreement, has not paid the legal fees associated
with the original document.
Therefore, _before the City will process the Termination Agreement
for Council approval, it must be returned with a check made
out to the firm of Hauge, Eide & Keller,. P.A., the City Attorney.
Also, please insure that three fully executed and notarized
copies of the termination agreement are returned to my attention
for processing.
Upon receipt of the Agreement and verification of payment, I
will process this on the next; available Council meeting for
formal consideration, approval and subsequent recording. If
you have any questions regarding this procedure, please feel
free to contact me.
homa�Sincere ,
lbert, .-
Director of Public Works
TAC/jj
cc: Paul Hauge, City Attorney
Enclosure.
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
October 23,- 1986
Tom Colbert
City of Fagan
3830 Pilot Knob Road
P.O. Rox 21199
Eagan, MN 55121
Dear Mr. Colbert:
I would like to request some time to appear at the
next councel meeting on Tuesday, November 4, in
regard to termination of Road Access Agreement. •
Thank you.
Yours truly,.
Vernon Schwartz
14629 uampshire Place
Burnsville., MN 55337
435-3595
7/
•
Agenda Information Memo,
November 6, 1986„ City Council Meeting
Page Five
3. Approve Specifications/Authorize Advertisement for Bids (Road
Grader) --As a part of the proposed 1987 budget, the Council has
approved the replacement of our previous John Deere road grader
(vehicle no. 127) which was sold on the 5 year guarantee buy back
contract in July 1986.
Specifications have been prepared for manufacture of the new road
• grader or the acquisition of a new "used" grader that meets our
specifications. If a new road grader is to be manufactured,
there is an approximate 4-6 month lead time. If the City is able
to acquire a new "used" unit at a cost savings discount, it
should act prior these vehicles being leased out by the larger
communities for their snow removal operations of 1986-87.
In either event, payment would not be made until 1987 when the
formal budget had been adopted. Therefore,, the staff is
requesting Council consideration to authorize the advertisement
for the bids to determine whether a new "used" vehicle could be
acquired yet this year to be placed in our winter snow removal
operations (with payment in 1987) or the order of a new
manufactured grader to be delivered in late spring of 19'87
(payment upon delivery).
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the
• speer-ifications and authorize the advertisement for bids for the
acquisition of ,a new road grader.
-7,v
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Six
4. Approve Resolution Requesting I -3'5E Access Ramp --At the
October 21 meeting, the Council renewed discussion regarding
their previous concerns over the design of the interchange of I -
35E with Yankee Doodle.Road and the lack of a direct nor hbound
access ramp from Yankee Doodle Road. Enclosed on pageis a
letter sent to MnDOT earlier this year requesting information
regarding background to the existing design interchange.
Enclosed on page Z5 is their March 7 response indicating the ®.
design was based on assumptions that major traffic volumes would
be coming from the west (Sperry, Blue Cross, Yankee Square, etc.)
allowing a direct northbound'access through the existing loop
interchange without a crossover movement on Yankee Doodle Road
required by a typical "diamond" interchange.
With the recent development of the Town Centre 70 and 100, Forest
Ridge and other additions to the east along with the potential
development of the O'Neil property, it is quest-ionable whether
the major traffic volumes will continue to be from the west.
Therefore, enclosed on page 16 is a resolution that staff has
prepared for Council's consideration in requesting MnDOT to
perform additional existing and future traffic volume projections
to verify where the predominant generation and distribution
traffic movements will be at this interchange. •
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution
requesting MnDOT to perform additional traffic study supporting a
northbound access ramp for I -35E from Yankee Doodle. Road and
authorize the Mayor and City Clerk to execute all related
documents.
23
lwMET,
cjtgoFeaq�l
3830 PILOT KNOB ROAD. P0. BOX 21199
BEA BLOMQUIST
EAGAN, MINNESOTA 55121
Il
PHONE: (612) 4548100 _
THOMAS EGAN
JAMES A SMITH
VIC ELLISON
THEODORE,WACHTER
February 18, 1986
CWM11110.001
THOMAS HEDGES
Cr" Ao nw.e,
EUGENE VAN OVERBEKE
Cil Clerk
MR KERMIT MCCRAE
DISTRICT ENGINEER
MNDOT DISTRICT 9
3485 HADLEY AVENUE NORTH
BOX 9050
• OAKDALE"MN 55109 -
Re: I -35E Access From Yankee Doodle Road (County Road 28)
Dear Kermit:
At the regular City Council meeting of February 4, 1986, the
Council expressed concern 'regarding the potential traffic
conflict associated with the left -turn movement of westbound
Yankee Doodle Road wanting to proceed northbound on I -35E. As a
result of these concerns, they directed me to contact your office
to get a response to the following questions:
1. Why wasn't a direct "diamond interchange" access ramp
provided for northbound I -35E from Yankee Doodle Road
instead of the existing "loop" in the southeast
® quadrant?
2. When does the state plan to install the traffic signal
on County Road 28 for the left -turn movement of
westbound Yankee Doodle Road onto northbound I -35E?
Your review and response to these questions will be appreciated
and forwarded to the Council for their information. If any
additional explanation is necessary to clarify the Council's
concerns, please contact me at your convenience.
S/iprerely, r Lay,
�CM" _ _
Thomas A. Colbert, P.
Director of Public Works
TAC/j j.
0
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
20
Minnesota
A a Department of Transportation
o� District 9
3485 Hadley Avenue North, Box 9050
OF TNP�yQ
North St. Paul, Minnesota 55109
Telephone 779-1178'
March 7, 1986
Mr. Thomas A. Colbert, P.E.
Director of Public _Works
City of Eagan
2830 Pilot Knob Road
P.O. Box 21199
Eagan, Minnesota 55122
Dear Mr. Colbert:
SUBJECT: C.S. 1982 (I -35E at Co.Rd. 28)
In response to your two questions in your February 28, 1986 letter, we
provide the following:
1. The traffic projectsthat the interchange was designed to accommodate
showed that the predominant movement was eastbound Yankee Doodle Road
to northbound I -35E. Therefore, the loop was provided to eliminate
the left turn conflict that would have resulted with a standard
diamond interchange ramp design.
2. A Contract to install traffic signals at this intersection has
already been let. Construction will begin this spring with the
traffic signals in operation in the late summer.
We trust this information answers the Council's questions.
Sincerely,
r
Q-1eRermit K. McRae, P.E.
District Engineer
Zir"
An lfyual Opponunin Employer
RESOLUTION
REQUEST FOR TRAFFIC ANALYSIS
I -35E AND YANKEE DOODLE ROAD INTERCHANGE
(NEW NORTHBOUND ACCESS RAMP)
WHEREAS,, MnDOT designed and constructed Interstate 35E through the
City of Eagan in 1980-85; and
WHEREAS, a direct interchange was provided with Yankee Doodle Road
(County Road 28) providing limited local access to this interstate; and,
WHEREAS, in determining the design of this interchange, MnDOT
traffic projections indicated the majority of trip generations and
distributions to be from the west to the north; and,
WHEREAS, these traffic projections were prepared prior to
development of major multiple, commercial and industrial properties to the
• east of this interchange; and,
WHEREAS, future growth projections in Eagan indicate a trend
towards major traffic generations from the east accessing to I -35E;
NOW, THEREFORE, HE IT RESOLVED that the City Council of Eagan,
Minnesota, Dakota County hereby request MnDOT to perform a formal traffic
generation and distribution study for this interchange to determine both
existing and future traffic volumes and.movements; and
BE IT FURTHER RESOLVED that, if these traffic studies indicate
predominant traffic generation and distribution to be from the east to
northbound I -35E that MnDOT initiate appropriate action to provide for a new
direct access ramp from Yankee Doodle (County Road 28) to, northbound I -35E
limiting the need for cross-over traffic movements at this interchange.
CITY OF EAGAN
® CITY COUNCIL
By:
Its
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
Attest:
Its Clerk
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County,
Minnesota, do hereby certify that the foregoing resolution was duly passed
and adopted by the City Council of the City of Eagan, Dakota County,
Minnesota, in a regular meeting thereof assembled this day of ,
1986.
E.J. VanOverbeke, City Clerk
City of Eagan
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Seven
There are ten (LO') items on the agenda referred to as Consent
Items requiring one (1) motion by the City Council. Lf 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 is a list of the
contractors who are renewing or who have been selected and
retained as the builder by a customer either living in or
planning to reside within the City of Eagan. These contractors
have references from other municipalities or their client permit
applications are awaiting City Council approval for a contractor
license.
•
ACTION TO BE CONSIDERED ON THIS ITEM:
licenses as presented,.,
Z
To approve the contractor
CONTRACTORS LICENSE
NOVEMBER 6, 1986
GENERAL CONTRACTOR
1. Rask Construction
2. Ratzlaff Construction Inc.
PLUMBERS
® 1. Alta, Ltd
2. Nordic Services Inc
3. South Minneapolis Plbg & Htg
•
Agenda Information Memo,.
November 6, 1986, City Council Meeting
Page Eight
PERSONNEL ITEMS
Item 1, Community Service Officer --Over 50 applications were
received for the vacant position of Community Service Officer in
the Eagan Police Department. From that number, approximately 25
candidates were interviewed. From those 25, 6 applicants were
given final background checks. It is the recommendation of Chief
of Police Berthe and Administrative C'apta•in Geag;an that Brian
Gunderson be hired to fill the vacant CSO position. Mr.
Gunderson meets all the qualifications for this position. In
addition, he has approximately 5 years of street experience as a
certified police officer in North Dakota.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of
Brian Gunderson as a Community Service Officer in the Eagan
Police Department.
Item 2, Clerk-Typist/Protective Inspections Department --The City
has received a letter of resignation from Cheryl Malmanger, the
current clerk -typist in the Protective Inspections Department.
Ms. Malmanger's last day of employment with the City will be
November 7, 1986.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation
of Cheryl Malmanger in the Protective Inspections Department and
• to authorize the advertisement for and filling of this clerk -
typist position.
Item 3, Engineering Intern/Parks Department --The City has been
notified, by Mr. Charles Folch, the Engineering Intern in the
Parks Department, that he will be resigning as of November 7,
1986 to accept a permanent position with Dakota County as a
traffic engineer.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation
of Charles Folch, the Engineering Intern in the Parks and
Recreation Department.
Item 4, Administrative Intern --The City has been notified by
Cheryl Johannes, the intern in Administration that she will be
resigning from the City to accept the Assistant to the City
Manager's position in the City of Shoreview. Ms. Johannes'
resignation is effective on November 7, 1986.,
ACTION TO BE CONSIDERED ON THIS MATTER: To accept the
resignation of Cheryl Johannes, the Administrative Intern.
A�
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Nine
Item 5, Resignation from Dale Peterson, Chief Building Official --
Dale Peterson, Chief Building Official has submitted his
resdg•nation effective December 31, 1986 to allow for an early
retirement-. A copy of Dale's letter is attached on page.
The City Administrator will be preparing a memo regarding Dale's
replacement for review and consideration at a future City Council
meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation
and early retirement as requested by Dale Peterson, Chief
Building Official.
�d
MEMO TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: DALE PETERSON, CHIEF BUILDING OFFICIAL
DATE: OCTOBER 29, 1986
•
Dear Tom:
This tired Building Official has elected to take early retirement. My
resignation will be effective December 31, 1986.
Thank -you so much for your friendship and support during Eagan's formative
years. It was highly valued and greatly appreciated.
I also wish to express my heartfelt thanks to the Eagan City Council and City
employees for the assistance given me in the performance of my duties as Chief
Building Official.
I will assist in any way you wish in the transition to follow.
• Sincerely,
Chief Building Official
DP./ js
CC: Gene VanOverbeke - Finance Director
c:J
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Ten
APPROVE JOINT POWERS AGREEMENT
C. Approve Joint Powers Agreement, Inver Grove Heights Snow
Removal (Bur Oak Hills Addition) --With the eminent development of
the Bur Oak Hills First Phase Addition south of TH 55 and
adjacent to Inver Grove Heights, the only local street access
prior to full development completion will be via Inver Grove
Heights..
In order to provide efficient snow and ice removal operations to
these future Eagan residents, the Public Works Director has
prepared a Joint Powers Agreement with Inver Grove Heights for
that community to provide snow removal operations beginning
1987-88 (,subject to final plat approval) for the rate of
$40/hour.
This Joint Powers Agreement is similar to the one the City
entered into with Burnsville for providing snow removal
operations in River Hills 9th Addition until the Metcalf Drive
connection was completed allowing direct access from City
mai-ntenance vehicles..
Taking into consideration the hourly rate agreed to by Inver
Grove Heights, the Public Works Director strongly recommends
Council approval of this Joint Powers Agreement.
• ACTION TO BE CONSIDERED ON THIS ITEM: Approve Joint Powers
Agreement within Inver Grove Heights for snow removal services in
the future Bur Oak Hills Additions.
37�-
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Eleven
USE OF STAR CITY LOGO
D. Fire Department Request for Use of Star City Logo --The Eagan
Fine Department is coordinating this year's cover design for the
Eagan Volunteer Fir -;e Department's telephone directory and would
like to use the Star City photo logo.
The Minnesota Department of Energy and Economic Development has
provided Star City logos to be used at the discretion of local
communities in the promotion of their own and their department's
activities.
activities. The Council, therefore has full discretion to
approve or deny the use of this• logo for the Fire Department
directory.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve use of the
City's Star City photo logo for the cover of the 1987 Fire
Department telephone directory.
•
33
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Twelve
PROJECT 4'82', RECEIVE FEASIBILITY REPORT
E. Project 482, Receive Feasibility Report/Order Public Hearing
(Nancy Circle) --In response to a petition submitted by the
residents of Nancy Circle, the Council authorizes the Feasibility
Report to discuss the installation of street surfacing of this
short cal -de -sac within the Tousignant's 1st Addition.
The Feasibility Report has now been completed and is being
presented to the Council in consideration of scheduling a public
hearing to be held December 2, 1986.
ACTION TO BE. CONSIDERED ON THIS ITEM: Receive the Feasibility
Report for Project 482 (:Nancy Circle - Streets.) and order the
public hearing to be held December 2, 1986.
3 Z�
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Thirteen
PROJECT 483, RECEIVE FEASIBILITY REPORT
F. Project 483, Receive Feasibility Report/Order Public Hearing
(Splashland) - Trunk Water Main --In response to a petition
submitted by the developer of the proposed Splashland site,
Council authorized the preparation of the Feasibility Report
which has now been completed and is being presented to the
Council in consideration of scheduling the public hearing to
discuss the installation of trunk water main improvements
necessitated by this proposed development.
ACTION TO BE CONSIDERED ON THIS ITEM: Receive the Feasbi'lity
Report for Project 483 (Splashland —Trunk Waster Main) and
schedule the public hearing to be held December 2, 1986.
TERMINATE AGREEMENT - WETLAND INVENTORY
G. Terminate agreement with Dakota County Soil and Water
Conservation District - Wetland Inventory --At the October 21
meeting, the Council passed the resolution requesting the Gun
Club Lake Watershed Management Organization (WMO) to perform the
Wetland inventory portion of the City's Water Quality Management
Plan as a part of the WMO's Comprehensive Watershed Management
Plan. This request will be considered, by the WMO Board of
Directors at their meeting on November 3. If that request is
approved by the WMO, it would be appropriate for the City to
terminate its current contract with the Dakota County Soil and
Water Conservation District which was retained to perform the
Wetland inventory initially. A copy of the Termination is enclosed
on page.
The Director of Public Works will be able to provide a status
report at the November 6 Council meeting regarding the status of
the WMO Board's action regarding this item.
ACTION TO BE CONSIDERED ON THIS ITEM: Terminate the agreement
with Dakota County Soil and Water Conservation District for the
preparation of the Wetland inventory for the City of Eagan.
Ll
a.
•
0
TERMINATION OF AGREEMENT
On May 21, 1986 the City of Eagan and the Dakota County Soil
and Water Conservation District entered into an agreement,
for the preparation, of a Wetland Inventory.
Since that time, the Gun Club Watershed Management
Organization has requested that this Wetland Inventory be
expanded to include all land areas within the Gun Club Lake
Watershed. Instead of'duplicating work, the Gun Club Lake
Watershed Management Organization would like to assume the
contractural responsibilities of the City of Eagan with the
Dakota County Soil and Water Conservation District in
preparing the Wetland Inventory.
It is hereby agreed, that upon approval of a contract
between the Gun Club Lake Watershed Management Organization
and -the Dakota County Soil and Water Conservation District
for the preparation of a Wetland Inventory for the Gun Club
Lake Watershed Management Organization, the.agreement
between the City of Eagan and the Dakota County Soil and
Water Conservation District for preparation of a Wetland
Inventory shall become null and void.
IN WITNESS WHEREOF, the parties hereto, have caused this
Termination of Agreement to be duly executed.
CITY OF EAGAN
By
Bea Blomquist, Mayor
Date:
Attest:
Date:
36
DAKOTA COUNTY SWCD
By
Dwain N. Otte, Chairman
Date:
Attest:
Dorothy S. Waltz,
Secretary
Date:
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Fourteen
APPROVE FINAL PLAT, WILDERNESS PONDS ADDITION
H. Approve Final Plat, Wilderness Ponds Addition --We have
received an application for final plat approval for the
Wilderness Ponds Addition located between Wilderness Run 3rd
Addition an-Ches Mar 4th Addition as shown by the map enclosed
on page All conditions placed ,on the preliminary plat
approved by Council action on August 18, 1986 have been
-® satisfactorily complied with. All final plat application
materials have been submitted, reviewed by staff and found to be
in order for favorable Council action.
•
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat
of the Wilderness Ponds Addition and authorize the Mayor and City
Clerk to execute all related documents.
31
WILDERNESS PONDS
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Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Fifteen
AUTHORIZE FEASIBILITY REPORT, PROJECT 487
I. Project 487, Authorize Feasibility Report (Braun Court) --With
the pending improvement of Pilot Knob Road, the City has been
approached by Mr. Henry Braun requesting action by the City to
install a cul-de-sac street from Drexel Court towards Pilot Knob
Road to service both the Henry and Harvey Braun parcels and the
• property owned by Thomas E. Schultz which presently takes direct
driveway access from Pilot Knob Road. Because of the inter-
relationship of the parties involved, the staff cannot get a
formal petition to be submitted. However, it would be in the
property owner's and City's best interest to have the direct
driveway accesses eliminated with the Pilot Knob Road upgrading
and provided by an internal cul-de-sac accessing Drexel Court.
Therefore, the staff is requesting authorization to prepare a
feasibility report without a petition to be discussed formally at
a public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the preparation
of a feasibility report for Project 487 (Braun Court).
PROJECT 488, RECEIVE PETITION/ORDER FEASIBILITY REPORT
• J. Project 488, Receive Petition/Order Feasibility Report
(Blackhawk Road - Streets and Storm Sewer) --As a condition of the
final plat approval for the Blackhawk Plaza Addition, located in
the northeast corner of Diffley and Blackhawk Road, it was
required that the developers submit a petition regarding the
improvement of Blackhawk Road north of Diffley. This petition
has now been submitted along with the guarantee for all costs
incurred if for some reason the project is not approved at the
time of the public hearing. Therefore, it would be appropriate
to proceed with the preparation of the feasibility report and
subsequent public hearing regarding the completion of Blackhawk
Road to the community collector status from Diffley to Deerwood.
ACTION TO BE CONSIDERED ON THIS ITEM: Receive the petition for
Project 488 (Blackhawk Road - Streets and Storm Sewer) and
authorize the preparation of a feasibility report.
3�
Agenda Information Memo,
Memo,
November 6, 19'86, City Council Meeting
Page Sixteen
PROJECT 419, FINAL ASSESSMENT HEARING
A. Project 419, Final Assessment Hearing (Slaters Acres) --On
September 16, a public hearing was originally held to discuss the
final assessments associated with the installation of streets and
utilities generally servicing the Slater Acre and Northern Oaks
Addition. Due to the substantial cost over runs incurred in the
completion of this project, the Council proposed to reduce those
assessments by a total of $45,600 (approximately $2,250/lot).
However, there was several written objections that were submitted
which resulted in the Council approving the revised Final
Assessment Roll (with credits) subject to those objectioners
removing their written objections prior to October 7.
At the October 7 Council meeting, all but two of the property
owners had removed their written objections. However, Jim and
Barbara Schmitt indicated that the triangular unplatted parcel
south of Lot 8 under their ownership should not have been
included in the Final Assessment Roll calculations due to its
necessity of being combined with Lot. 8 to provide adequate land
area for the existing house.
Subsequent to this additional information, the Council directed
staff to revise the Final Assessment Roll, deleting this
unplatted triangular parcel (013-51) and to recalculate the
revised Final Assessment Roll accordingly and schedule a new
Final Assessment Hearing to be held on November 6.
Enclosed on page _4L is a summary of the final assessment rates
comparing them to the rates quoted in the Feasibility Report
presented at the original project public hearing on December 18,
1984. Although some lots may differ slightly, this revised
assessment roll results in an increase of approximately $355.50
per lot in the Slaters Acres addition due to the elimination of
Parcel 013-51.
All notices have been published in the legal newspaper and sent
to the affected property owners with the cover letter enclosed on
page?/_ explaining the details of this new revised new
assessor nt hearing on November 6. Public Works Director will be
available .to answer any questions or concerns that may rise
during this.hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public
hearing and approve/modify the Final Assessment Roll for Project
419 and if approved, authorize the certification to the County
for collection.
/n
FINAL ASSESSMENT HEARING
PROJECT NO: 419
SUBDIVISION/AREA: Slaters Acres (Revised Oct 7, 1986)
-a. t
FINAL ASSESSMEENT HEARING: November 4, 1986
IMPROVEMENTS INSTALLED AND/OR ASSESSED:
F. R. = Feasibility Report
FINAL F.R.
WATER RATES RATES SANITARY
Area
KXLaterals
Service
$ 19.62/F.F. $17.61/F.F.
$2,060.67/?.or $1 .850/I,ot
$ 698.50/Lot $ 889/Lot
$ 741 .fig/I.nr $ 980.ftot
❑ Lat. Benefit/Trunk
STORM
X7 Area
® Laterals
$ 0.045/S.F.. $0.045/S.F.
$245.20/Lot $ 837/1,ot
NUMBER OF PARCELS AFFECTED: 35
NUMBER OF YEARS ASSESSED: 15
U Area
r
FINAL F.R.
RATES RATES
$ 33.46/F.F. $33.76/F.F.
Laterals $4,097.07/I.or $4 1'17/i or
Service
Lat. Benefit/Trunk
STREETS
Gravel Base
® Surfacing
Res. Equiv.
RATE OF INTEREST: 9.0%
TOTAL AMOUNT ASSESSED:_ $295,422.26 (F.R. = $280,781)
CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-3
PUBLIC HEARING DATE: December 18, 1984
$5.787.20/Lor, $4.9827T.or
3830 PILOT KNOB ROAD, P.O. BOX 21199
EAGAN,MINNESOTA 55121
PHONE- (612) 454-8100
October 15, 1986
Re: _Project 419, Slaters Acres (Streets & Utilities)
Revised Final Assessment Roll
Dear Property Owner:
BEA BLOMQUIST
MQ r
THOMAS EGAN
JAMES A. SMITH
MC ELLISON
THEOD )RE WACHTER
Cour al Members
THON AS HEDGES
C'iH A Minwralor
EUGENE VAN OVERBEKE
Clry Cera
On September 16, the final assessment hearing was held for the installation of
streets and utilities under the above -referenced project. At that time, there
were several property owners who submitted written objections to the proposed
assessments that came in approximately 23% over tho estimate contained in the
feasibility report presented at the original public hearing held on December
18, 1984.
As a result of the recent final assessment hearing and related objections, the
Council reduced the total assessable costs of the project by $45,600,
resulting in revised assessments to all property owners to within +/-3% of the
original feasibility report estimate, subject to the retraction of those
written objections prior to reconsideration by the Council on October 7.
At the October 7 Council meeting, additional information was presented to the
City regarding assessments against the triangular shaped parcel 013-51 located
south of Lot 8, as shown by the enclosed map. Contrary to the City's
information indicating this is a separately owned and buildable parcel, it has
been discovered that this parcel had been combined with Lot 8 and should have
been considered as one lot for assessment purposes.
Subsequently, at the October 7 Council meeting, the Council vacated all
previous assessment rolls and directed staff to prepare a new revised final
assessment roll taking into consideration the elimination of Parcel 013-51 but
still applying the previously approved credits to the total assessable
costs. Per the Council's direction, this new revised final assessment roll
will be discussed at a new formal final assessment hearing at 7:00 p.m.,
Thursday, November 6, 1986, at the Eagan City Hall.
Enclosed please find the formal notice required for this new final assessment
hearing.
If you have any questions or concerns regarding this revised assessment roll,
please feel free to contact either myself or Ed Kirscht of our Engineering
Division.
Sincerely v cc: Deanna Kivi, Special Assessment Clerk
Ed Kirscht, Engineering Tech
horifas A. Colbert, P.E.
Director of Public Works Y
m THE LONPOAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Enclosure
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Seventeen
ROYAL OAK CIRCLE/AMENDMENT TO HOUSING REVENUE BOND RESOLUTION
A. Resolution Authorizing Amendment to $12,580,000 Multi -Family
Rental Housing Revenue Bonds for Royal Oak Circle Project --The
developer of the Royal Circle project, Mr. Richard Asp, was given
approval for the issuance of $12,580,000 of multi -family rental
housing revenue bonds on December 3, 1985. As a part of the
transaction, authorization was given to allow the proceeds of
the bonds to be escrowed and invested to secure payment of the
principal„ of an interest on the bonds, pending a conversion date
and the purchase and remarketing of the bonds. The new resolution
®
essentially activates the conversion date and allows the change
from a short term interest rate to a long term rate which is
estimated at approximately 22 years.
A resolution amending documents allowing for the conversion from
a short term interest rate on the revenue bonds to a long term
rate Placement is in order for consideration.
For a copy of the resolution, refer to pages through 17
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny
adoption of a resolution that would allow the Royal Oak Circles
project a long term rate in placement of bonds so this apartment
project can proceed as previously approved.
SPECIAL NOTE: The Royal Oak Circle project is located west of
I -35E and immediately south of the Surrey Heights and Yankee
•
Square Shopping Center developments.
543
CITY OF EAGAN, MINNESOTA
RESOLUTION "
AUTHORIZING CERTAIN AMENDMENTS WITH
RESPECT TO THE CITY OF EAGAN, MINNESOTA,
$12,580,000 MULTIFAMILY RENTAL HOUSING
REVENUE BONDS (ROYAL OAK CIRCLE PROJECT),
SERIES 1985.
WHEREAS, the City of Eagan (the "City") is a statutory city duly organized
and existing under the Constitution and laws of the State of Minnesota; and
WHEREAS, pursuant to the Constitution and laws of the State of Minnesota,
particularly Minnesota Statutes, Chapters 462A and 462C, as amended (the "Acts"),
the City is authorized to carry out the public purposes described therein and
• contemplated thereby by issuing its revenue bonds to defray, in whole or in part,
the development costs of a rental housing development, and by entering into any
agreements made in connection therewith and pledging them as security for the
payment of the principal of and interest on any such revenue bonds; and
WHEREAS, to provide a means of financing the cost of a rental housing
development that will provide decent, safe and sanitary housing for low and
moderate income residents of the City at rents they can afford, and further to
provide for and promote the public health, safety, morals and welfare and to
provide for efficient and well-planned urban growth and development, including the
elimination and prevention of potential urban blight, and the proper coordination of
industrial facilities with public services, mass transportation and multifamily
housing developments; which constitute valid public purposes for the issuance of
revenue bonds under the Acts, the City has developed a program (the "Program")
with respect to the issuance by the City of its revenue bonds pursuant to the Acts
to finance the acquisition and preparation of a site and the construction of a
multifamily rental housing development located in the City and containing
•
approximately 230 units (the "Project") to be undertaken by Royal Oak Circle, a
Limited Partnership (the "Developer"); and
WHEREAS, the City developed a Housing Plan pursuant to and in conformity
with the Acts and adopted the Housing Plan after a public hearing thereon after
one publication of notice in a newspaper circulating generally in the City; and,
WHEREAS, the Housing Plan was submitted to the Metropolitan Council,
which reviewed the Housing Plan and forwarded its comments to the City which
comments were reviewed and discussed by the City; and
WHEREAS, the Program, an individual component of the Housing Plan
pursuant to which the issuance of the housing revenue bonds of the City was
proposed, was developed by the City and made a part of the Housing Plan; and
WHEREAS, the City Council of the City adopted the Program by the
passage of a resolution on February 5, 1985; and
VI/
WHEREAS, the Acts require approval of the Program by the Minnesota
Housing Finance Agency (the "Agency"), which approval was given on March 6,
1985; and
WHEREAS, pursuant to a resolution adopted on December 3, 1985 (the "Bond
Resolution"), the City approved the issuance of $12,580,000 City of Eagan,
Minnesota, Multifamily Rental Housing Revenue Bonds (Royal Oak Circle Project),
Series 1985 (the "Bonds"); and
WHEREAS, the proceeds of the Bonds were escrowed and invested to secure
payment of the principal of and interest on the Bonds pending a Conversion Date
(as defined in the Indenture referred to below) and a purchase and remarketing of
the Bonds; and
WHEREAS, certain amendments to the documents delivered in conjunction
with the issuance of the Bonds have been requested by the Developer and an entity
proposing to purchase the Bonds; and
• WHEREAS, neither the State of Minnesota nor any political subdivision
thereof (other than the City and then only to the extent of the trust estate pledged
in the Indenture) will be liable on the Bonds, and the Bonds will not be a debt of ,the
State of Minnesota or any political subdivision thereof (other than the City and
then only to the extent of the trust estate pledged in the indenture), and in any
event will not give rise to a charge against the credit or taxing power of the City,
the State of Minnesota, or any political subdivision thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EAGAN, MINNESOTA:
Section 1. The City Council of the City acknowledges, finds, determines,
and declares that the preservation of the quality of life in the City is dependent
upon the maintenance, provision, and preservation of an adequate housing stock
which is affordable to persons and families of low or moderate income and that
® accomplishing this is a public purpose. The City Council also hereby finds,
determines and declares that the Project has been designed to be affordable by
persons and families with adjusted gross incomes not in excess of 110 percent of
the median family income as most recently estimated by the United States
Department of Housing and Urban Development for the Minneapolis -St. Paul
Standard Metropolitan Statistical Area and that 20 percent of the dwelling units in
the Project will be held for occupancy by families and, individuals with adjusted
gross incomes not in excess of 80 percent of the median family income as most
recently estimated by the United States Department of Housing and Urban
Development for the Minneapolis -St. Paul Standard Metropolitan Statistical Area.
Section 2. The City Council of the City further finds, determines, and
declares that it is in the best interest of the City that it authorize certain
amendments in the nature of substitutions with respect to the documentsdelivered
in conjunction with the issuance of the Bonds in order to facilitate the
disbursement of the proceeds of the Bonds to acquire and construct the Project.
Section 3. The Bond Resolution dated as of November 1, 1986 (the "Bond
Resolution"), in the form now on file with the City, is hereby substituted for the
Ile
P
2
Indenture of Trust dated as of December 1, 1985, by and between First Trust
Company, Inc., as trustee (the "Trustee") and the City (the "Indenture"). The Loan
Agreement dated as of November 1, 1986, between Royal Oak Circle, A Limited
Partnership, a Minnesota limited partnership (the "Developer") and the City (the
"Agreement"), in the form now on file with the City, is herby substituted for the
Loan Agreement dated as of December 1, 1985, by and between the City and the
Developer (the "Loan Agreement"). The Regulatory Agreement dated as of
November 1, 1986, between the City and the Developer (the "Regulatory
Agreement"), in the form now on file with the City, is hereby substituted for the
Regulatory Agreement dated as of December 1, 1985, between the City and the
Developer, and the Declaration of Restrictive Covenants made as of December 5,
1985, and executed by the Developer.
Section 4. In connection with the execution and delivery of the amended
documents referenced herein, the City hereby approves the redemption of Bonds in
principal amount by advised bond counsel.
• Section 5. The City Council of the City hereby authorizes and directs the
Mayor of the City (the "Mayor") and the City Clerk (the "Clerk") to execute, on
behalf of and under the corporate seal of the City, the Bond Resolution, and to
deliver to the Trustee the Bond. Resolution, and hereby provides that the Bond
Resolution shall set forth the terms and conditions of the Bonds, and the covenants,
rights, obligations, duties, and agreements of the bondholders and the City.
All of the provisions of the Bond Resolution, when, executed as .authorized
herein, shall be deemed to be a part of this resolution as fully and to the same
extent as if incorporated verbatim herein and shall be in full force and effect from
the date of execution and delivery thereof. The Bond Resolution shall be
substantially in the form on file with the City on the date hereof, and is hereby
approved, with such necessary and appropriate variations, omissions, and insertions
as do not materially affect the substance of the transaction and as the Mayor and
Clerk, in their discretion, shall determine; provided that the execution thereof by
the Mayor and Clerk shall be conclusive evidence of such determination.
• Section 6. The Mayor and Clerk are hereby authorized and directed to
execute and deliver the Agreement and, when executed and delivered as authorized
herein, the Agreement shall be deemed; to be a part of this resolution as fully and
to the same extent as if incorporated verbatim herein and shall be in full force and
effect from the date of execution and delivery thereof. The Agreement shall be
substantially in the form on file with the City on the date hereof, and is hereby
approved, with such necessary variations, omissions and insertions as do not
materially affect the substance of the transaction and as the Mayor and Clerk, in
their discretion, shall determine; provided that the execution thereof by the Mayor
and Clerk shall be conclusive evidence of such determination.
Section 7. The Mayor and Clerk are hereby authorized and directed to
execute and deliver the Regulatory Agreement between the City and the Developer
and, when executed and delivered as authorized herein, the Regulatory Agreement
shall be deemed to be a part of, this resolution as fully and to the same extent as if
incorporated verbatim herein and shall be in full force and effect from the date of
execution and delivery thereof. The Regulatory Agreement shall be substantially
in the form on file with the City on the date hereof, and is hereby approved, with
a
such necessary variations, omissions, and insertions as do not materially affect the
substance of the transaction and as the Mayor and Clerk, in their discretion, shall
determine; provided that the execution thereof by the Mayor and Clerk shall be
conclusive evidence of such determination.
Section S. All covenants; stipulations, obligations, representations, and
agreements of the City contained in this resolution or contained in the Bond
Resolution, Agreement, Regulatory Agreement, or other documents referred to
above shall be deemed to be the covenants, stipulations, obligations,
representations, and agreements of the City to the full extent authorized or
permitted by law, and all such covenants, stipulations, obligations, representations,
and agreements shall be binding upon the City. Except as otherwise provided in
this resolution, all rights, powers, and privileges conferred, and duties and
liabilities imposed upon the City or the City Council by the provisions of this
resolution or of the Bond Resolution, the Agreement, the Regulatory Agreement,
or other documents referred to above shall be exercised or performed by. the City,
or by such members, officers, board, body, or agency as may be required or
authorized by law to exercise such powers and to perform such duties. No
covenants, stipulation, obligation, representation, or agreement herein contained or
contained in the Bond Resolution, the Agreement, the Regulatory Agreement, or
other documents referred to above shall be deemed to be a covenant, stipulation,
obligation, representation, or agreement of any officer, agent, or employee of the
City in that person's 'individual capacity, and neither the members of the City
Council of the City nor any officer or employee shall be liable personally on the
Bonds or be subject to any personal liability or accountability by reason of the
issuance thereof. No provision, covenant or agreement contained in the Bond
Resolution, the Agreement, the Regulatory Agreement, the Bonds or in any other
document related to the Bonds, and no obligation therein or herein imposed upon
the City or the breach thereof, shall constitute or give rise to� a general obligation
of the City or any charge upon its general credit or taxing powers. In making the
agreements, provisions, covenants and representations set forth in the Bond
Resolution, the Agreement, the, Regulatory Agreement, the Bonds or in any other
document related to the Bonds, the City has not obligated itself to pay or remit
any funds or revenues, other than the trust estate described in the Indenture.
Section 9. Except as herein otherwise expressly provided, nothing in this
resolution or in the Bond Resolution, expressed or implied, is intendedor shall be
construed to confer upon any person, firm, or corporation other than the City, the
holders of the Bonds, and the Developer to the extent expressly provided in the
Bond Resolution, any right, remedy, or claim, legal or equitable, under and by
reason of this resolution or any provision hereof or of the Bond Resolution or any
provision thereof, this resolution, the Bond Resolution and all of their provisions
being intended to be and being for the sole and exclusive benefit of the City, the
holders from time to time of the Bonds issued under the provisions of this
resolution and the Bond Resolution, and the Developer to the extent expressly
provided in the Bond Resolution.
Section 10. In case any one or more of the provisions of this resolution or of
the Bond Resolution or of the Bonds issued hereunder shall for any reason be held
to be illegal or invalid, such illegality or invalidity shall not affect any other
provision of this resolution or of the Bond Resolution or of the Bonds, but this
resolution, the Bond Resolution, and the Bonds shall be construed as if such illegal
�7
4
•
•
0
or invalid provision had not been contained therein. The terms and conditions set
forth in the Bond Resolution, the creation of the funds provided for .in the Bond
Resolution, the provisions relating to the application of the proceeds derived from
the sale of the Bonds, and the application of all revenues, collateral, and other
monies are all commitments, obligations, and agreements on the part of the City
contained in the Bond Resolution,: and the invalidity,of the Bond Resolution shall
not affect the commitments, obligations, and.agreemenfs on the part of the City to
create such funds and to apply said revenues, other monies, and proceeds of the
Bonds for the purposes, in the manner, and according to the terms and conditions
fixed in the Bond Resolution; it being the intention hereof that such commitments
on the part of the City are as binding as if contained in this resolution separate and
apart from the Bond Resolution.
Section 11. The City Council of the City, officers of the City, and
attorneys and other agents or employees of the City are hereby authorized to do all
acts and things required of them by or in connection with this resolution and the
Bond Resolution and the other documents referred to above for the full, punctual,
® and complete performance of all the terms, covenants, and agreements contained
in the Bonds, the Bond Resolution and the other documents referred to above, and
this resolution.
Section 12. The Mayor and Clerk are authorized and directed to execute
and deliver any and all certificates, agreements .or other documents which are
required by the Bond Resolution, the Agreement, or the Regulatory Agreement, or
any other certificates or documents which are deemed necessary by bond counsel
to evidence the validity or enforceability of the Bonds, the Bond Resolution or the
other documents referred to in this resolution, or to evidence compliance with
Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended or Section
148 of the Internal Revenue Code of 1986, as amended; and the Mayor and the
Clerk are hereby designated as authorized officers of the City for the purposes of
executing any required certificates and the Arbitrage Certificate; and all such
agreements or representations when made shall be deemed to be agreements or
representations, as the case may be, of the City.
Section 13. If for any reason the Mayor of the City is unable to execute and
deliver those documents referred to in this resolution, any other member of the
City Council of the City may execute and deliver such documents with the same
force and effect as if such documents were executed by the Mayor. If for any
reason the Clerk of the City is unable to execute and deliver the documents
referred to in this resolution, such documents may be executed and delivered by
any other officer of the City or by any ,member of the City Council with the same
force and effect as if such documents were executed and delivered by the Clerk of
the City.
Section 14. All costs incurred by the City in connection with the issuance,
sale and delivery of the Bonds and the execution and delivery of the Bond
Resolution, the Agreement, the Regulatory Agreement, or any other agreement or
instrument relative to the Bonds, whether or not actually issued or delivered, shall
be paid by the Developer or reimbursed by the Developer to the City.
Section 15. This resolution shall be in full force and effect from and after
its passage.
M
5
Adopted by the City Council November , 1986.
ATTEST:
City Clerk
Action on above resolution:
Motion for adoption:
Seconded by:
Voted in favor:
Voted against:
Abstained:
Absent:
Resolution adopted.
19
6
Mayor
•
Agenda Information Memo;
November 6, 198.6, City Council Meeting
Page Eighteen
OFF -SALE, LIQUOR LICENSE/TOWN CENTRE 70
B. Off -Sale Liquor License in Town Centre 70 for Big Top Wines
and Spirits (SIDCO, Inc.) --An application was submitted by SIDCO,
Inc. under the business name of Big Top Wines and Spirits to
be located at the Town Centre Shopping Center. The Police have
conducted their investigation and find' no reason to deny the
license to either the applicant or the manager of Big Top Wines
and Spirits.
For additional information, refer to a copy of the application
and investigation of the SIDCO liquor license, included without
• page number for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny
the off -sale liquor license in Town Centre 70 for Big Top Wines
and Spirits as presented.
0
R
Agenda Information Memo,
November 6, 1986,,City Council Meeting
Page Nineteen
REVOCATION OF FINAL PLAT APPROVAL
C. Consideration of Revocation of Final Plat Approval - Fairway
Hills lst Addition --Enclosed on pages 5,745,3 is a letter sent to a
representative of the Fairway Hills lst Addition relating the
history and current status of final plat approval for this
subdivision which officially expired on October 19, 1986. Recent
discussion with this representative have indicated that there is
a problem in closing the purchase of the property from the Ohman
family to allow them to proceed with recording of the final plat.
Enclosed on page 6;4 is the letter received from the developer
requesting an extension of final plat approval.
The letter of intent that wa•s submitted with the final plat
application contained a clause the staff was not aware of whereby
there were conditions placed on the financial guarantee
irregardless of Council approval which had not been able to be
met by the developer. In the future, the,staff wi.11 be requiring
actual financial guarantees be provided in lieu of the "letter of
intent" process to eliminate similar occurrences.
ACTION TO BE CONSIDERED ON THIS ITEM: Revoke final plat approval
of the Fairway Hills lst Addition or grant an extension to a
specific date.
W
3830 PILOT KNOB ROAD. P.O. BOX 21199
BEA BLOMQUIST
EAGAN, MINNESOTA 55121
PHONE: (6I2) 454-8100
THOMAS EGAN
-
JAMES A SMITH
MC'cWSON
_
October 16, 1986 ___ -
THEODOdE WACHTER
C« iMom .
THOMAS HEDGES
Gty POAY11isM101«
EUGENE VAN OVERBEKE
MR DON PATTON
Coy Cleft
REALITY CENTER
7600 PARKLAWN AVENUE
EDINA MN 55435
Re: '`Faiiway 13ills' lst Addition
Expiration of Final Plat Approval
Dear Mr. Patton:
It is my understanding that your company has been informed that
the final plat approval granted by Council action on August 16,
1986, expires effective October 18, 1986, (60 days after Council
approval). Enclosed you will find a copy of the letter sent by
the City informing Derrick Company of these expiration dates. On
October 8, you submitted a letter requesting extension of the
final plat approval to January 15, 1987, without any explanation
or justification for this request.
As you may recall, your company was quite insistent that final
plat approval be obtained by Council action on August 19. The
City staff was very cooperative in trying to facilitate the
processing• of your final plat application within your requested
time frame. In addition, the Council even granted a building'
permit for a house prior to recording of the final plat to
facilitate your development schedules.
At this time, we are very disappointed that Derrick Company has
not proceeded with their development schedule as committed to
during your final plat application process.
Therefore, please let this letter serve as notice that your final
plat approval will officially expire on October 19:, 1986, and
will not be considered for extension unless sufficient detailed
explanations and justifications for any extensions have. been
submitted 'for consideration by Council. If your request for an
extension is not approved, you will be required to resubmit a new
final plat application before reconsideration by Council action.
6v
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
f
MR DON PATTON
OCTOBER 16, 1986
PAGE 2
One of the conditions of this new application and/or extension
will be submission of a formal Letter of Credit or similar
financial guarantee in lieu of the'previously submitted Letter of
Intent, which apparently is no longer valid.
If you would like to discuss the status of your plat in further
detail, please contact me at your convenience.
Sincerel ,
oma. A. Colbert, P.E.
Director of Public Works
TAC/jj
cc: Thomas L. Hedges, City Administrator
Dale C. Runkle, City Planner
..Roger Derrick, Derrick Land Company
Enclosure
E
8 October 1986
nERRICK CONI AN1ES
R -al Estutt Dev.iplcrs
�Er� nnr.i 1 4 i�35
CITY OF EAGAN
Attention: Julie Dykspra
3830 Pilot Knob Road
Eagan, Minnesota 55121
• Subject: Fairway Hills Phase S
Dear Ms. Dykspra:
The final plat on the subject addition has been approved,
but the plat will not be filed before the date of October
16, 1986 as stipulated in your procedures.. We hereby
request the filing date for the plat be extended to
January 15, 1987.
Thank you for your consideration.
Sincerely,
Mr. Don Patton
Derrick Companies
DP:clb
5�
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Twenty
PUBLIC IMPROVEMENT CONTRACTS
1. Contract 86-20, Consideration of Awarding Contract (Windtree
7th Addition) --On May 21, 1986, the Council approved a
preliminaryplat for the Windtree 7th and 9th Additions. In
response to aL subsequent petition and guarantee of costs
s:ubm.itted by the developer, the Council authorized the
simultaneous preparation of detailed plans and specifications
along with the Feasibility Report for consideration and
subsequent approval at the August 5 Council meeting. This was
performed with the understanding that the developer was
proceeding with the final plat application process and would have
final plat approval prior to or concurrent with contract award on
September 2.
However, the developer did not proceed with the final plat
application process and'considexation of awarding the contract
was continued until October 7. At that following meeting, the
developer still had not made any efforts to proceed with the
final plat even though they were informed of the potential of
contract cancellation by the City. At the request of, the City,
the contractor agreed to extend the period of guarantee of his
low bid prices beyond that required in the bid proposal to allow
the developer to complete this final platting process.
Recent discussions with the developer (Lombard Properties, Inc.)
have indicated that they have been unable to obtain adequate
financial security as required by the development contract
agreement in a time frame consistent with processing final plat
approval.
Therefore, the Director of Public Works is recommending that if
the issue has not been resol vied by the November 6 Council
meeting, the bids received for Contract 86-20 be rejected and no
further action taken until completion of the final plat process.
ACTION TO BE•CONSIDERED ON THIS ITEM: To reject bids or award
Contract 86-20 (Windtree 7th Addition - Streets and Utilities).
':�5
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Twenty -One
PUBLIC IMPROVEMENT CONTRACTS
2. Contract 86-27, Approve Plans/Order Advertisement for Bids
(Wilderness Ponds Truck Storm Sewer, L.P. 55) --At the May 6,
1986, public hearing, the Council authorized the installation
of the trunk storm sewer outlet through the proposed wilderness
Ponds Addition providing storm sewer relief for the drainage
pond located in the rear yard area of Mr. Dick Ney. However,
this project could not proceed until the Wilderness Ponds Addition
had initiated their plat application process. Earlier on the
agenda, this final plat approval is scheduled for Council consider-
ation.
The consulting engineer has completed the plans and specifications
and will be available to discuss the project in detail with •
the Council at the November 6 meeting in hopes of receiving
authorization to advertise for bids.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
plans for Contract 86-27 (L.P. 55/Wilderness Ponds - trunk storm
sewer) and authorize the advertisement for a bid opening to
be held at 10:30 a.m. on Monday, November 17, 1986.
3. Contract 85-8, Final Payment/Acceptance (Town Centre 70
and 100 - Streets & Utilities) --We have received a request for
the 11th and final payment for the above -referenced contract
from 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 favorable
Council action regarding acceptance and perpetual maintenance. •
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 11th and
final payment for Contract 85-8 (Town Centre 70 and 100 Addition
- Streets and Utilities) in the amount of $34,685.60 to Northdale
Construction Company and accept the project for perpetual mainte-
nance.
�7
Agenda Information Memo,
November 6, 198'6, City Council Meeting
Page Twenty -Two
PUBLIC IMPROVEMENT CONTRACTS (continued)
4. Contract 85-9, Final Payment/Acceptance (Town Centre 70
and Birch Park Addition - Streets) --We have 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 for the installation
of the Municipal -State Aid streets servicing these two subdivi-
sions. All final inspections have been performed by representa-
tives of the Public Works Department and found to be in order
for favorable Council action regarding acceptance for perpetual
maintenance.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
• the seventh and final payment for Contract 85-9 (Town Centre
70 and Birch Park Addition - MSAS streets) in the amount of
$15,082.08 to McNamara Contracting Company Inc., and accept
the improvement for perpetual City maintenance.
5. Contract 85-16, Final Payment/Acceptance (Eagan Woods Office
Park and Safari 2nd Addition - Streets and Utilities --We have
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 for the
installation of streets and utilities servicing these two sub-
divisions. All final inspections have been performed by repre-
sentatives of the Public Works Department and found to be in
order for favorable Council action regarding perpetual City
maintenance.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
fifth and final payment for Contract 85-16 (Eagan Wood Office
Parks and Safari 2nd Addition - Streets and Utilities) in amount
of $8,440.78 to M.Danner 'Trucking, Inc., and accept the improve-
ments for perpetual City maintenance.
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Twenty -Three
PUBLIC IMPROVEMENT CONTRACTS (continued)
6. Contract 85-27, Final Payment/Acceptance (Eagandale Court
- Streets and Utilities) --We have received a request for final
payment from the contractor through our consulting engineering
firm along with the certification of compliance to City approved
plans and specifications for the installation of streets and
utilities servicing Eagandale Court (Project 456) and the instal-
lation of the trailway for the Westbury Additions along Lexington
Avenue. All final inspections have been performed by representa-
tives of the Public Works Department and found to be in order
for favorable Council action regarding perpetual maintenance.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the fifth and
final payment for Contract 85-27 (Eagandale Court and Westbury •
Additions - Streets and Utilities) for $14,731.00 to M.Danner
Trucking, Inc., and accept the improvements for perpetual City
maintenance.
•
01
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Twenty -Four
ENFORCEMENT OF LARGE VEHICLE REGULATIONS
B. Discussion of Enforcement of 'Section of City Code Dealing with
Large Vehicle --The City has received a complaint from the resident
adjacent to the Williams Goins' property located at 4010 Mica Trail
that a bus is parked on the property creating a visual nuisance to
® the neighborhood. The City has regulatory authority under Section
11.10 Subdivision 19E of the City Code to direct the removal of any
large vehicle upon or adjacent to any residential use for it is
determined that said parking has a detrimental effect on the
residential use. Said large vehicle shall include buses or
motorhomes. Since the City has a complaint from the adjacent
neighbor, the City Council does have authority by the City Code to
require the removal of the vehicle and this item is placed on the
agenda for ocnsideration.
For a copy of the Police Report and a picture of the bus location
refer to pages _e�6 through _kl_ for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny
enforcement of Section 11.10, Subdivision 19E requiring that a bus
be removed from the William Goins' property located at 4010 Mica
• Trail,.
,7
police department
®F
3830 Pilot Knob Road
Eagan, Minnesota 55122
28 October 1986
TO: Thomas L. Hedges, City Administrator
L'
FROM: Administrative Captain
SUBJECT: William Goins' Property, 4010 Mica Trail,
JAY M. BERTHE
CN., .1 Pw1.
PATRICK J. GEAGAN
Aemim......
KENNETH D. ASZMANN
oa,.,�.muwm
We have received a complaint from a Mr. McKeag at 4016 Mica Trail
regarding the unsightliness of the Goins property, particularly a
bus that has been parked there for quite some time. We have
checked the bus and found that it is licensed with a collector
plate which does not expire. It is difficult to tell whether or
not the bus runs and if we charge him under our Junk Ordinance,
it is incumbent upon us to prove that it is inoperable; this
would be difficult to do under the circumstances.
Mr. Goins has been charged under our Junk Ordinance approximately
ten times within the past ten years_ Subsequently, I do not feel
that we will get him -to move this vehicle voluntarily. Under
Section 11.10, subd. 19E of the City Code, the City Council may
direct the removal of any large vehicle upon or adjacent to any
residential use where it is determined that said parking has a
detrimental effect on the residential use. Said large vehicles
shall include buses or motor homes. The City Council has used
this ordinance on one other occasion in the Hilltop Addition with
some success.
Attached are pictures of the bus which is parked in the back yard
of 40.10 Mica Trail.
Patrick J. Geagan
cc: Jay M. Berthe
PJG/vk
Attach.
0120
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Agenda Information
November 6, 1986,
Page Twenty -Five
Memo,
City Council Meeting
PRIVATE-`iMPROVEMENT'CONTRACTS
C. Private Improvement Contracts:
Item 1. Contract 84-G, Final Acceptance (Lexington Place 1st
Addition - Streets) --We have received a recommendation for final
acceptance of the public streets installed within the Lexington
Place lst Addition (2nd Phase) by our consultant engineering firm
along with a certification of compliance with all city approved
plans and specifications. All final inspections have been per-
formed by representatives of the public works maintenance division
and found to be in order for favorable Council action regarding
perpetual city maintenance.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the improvements
installed under Contract 84-G (Lexington Place 1st Addition -
Streets) and accept these improvements for perpetual city mainte-
nance.
Item 2. Contract 84-P, Final Acceptance (Lexington Place 2nd
Addition - Streets) --We have received a recommendation for final
acceptance of the streets installed within the Lexington Place 2nd
Addition under Contract 84-P along with a certification of compli-
ance to all city approved plans and specifications. All final
inspections have been performed by representatives of the public
works maintenance division and foundto be in order for favorable
Council action regarding perpetual city maintenance.
ACTION TO BE CONSIDERED ON THIS' ITEM: To accept Contract 84-P
(Lexington Place 2nd Addition - Streets) for perpetual city mainte-
nance.
Gv
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Twenty -Six
O"NEIL VS CITY OF EAGAN LAWSUIT
D. O'Neil vs City of Eagan Lawsuit Update --The City has received a
Notice of Motion for Stipulation of Dismissal Without Predjudice and
Stipulation to File Second Amended Complaint by legal counsel
representing Robert O'Neil in the case of R.J. O'Neil and Grace
O'Neil vs. City of Eagan.
Under the Stipulation of Dismissal Without Pred'judice there are four
counts that have been dismissed or removed by the plaintiff, Mr. and
Mrs. Robert O'Neil. They include among other language the
elimination and dismissal of the original request for judgement
awarding the O'Neils damages in the amount of $&,700,000. In other
words, the $8,700,000 request for damages has been eliminated as a
part of the lawsuit.
Documents were received this week and it was suggested by the City
Attorney that this item be placed on the ag'end'a for an update and
any response the City Council might desire at this time. Enclosed
without page number is a copy of the Stipulation of Dismissal
Without Predjudice and Stipulation to File Second Amended Complaint
as presented by the legal counsel of Peterson, Tews and Squires
representing Mr. and Mrs. Robert O'Neil.
ACTION TO BE, CONSIDRED ON THIS ITEM: To consider any direction for
legal counsel for the O'Neil vs City of Eagan lawsuit.
W
E
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Twenty -Seven
CORRECTIVE STRATEGY/PART 150 STUDY
E. Corrective Strategies for Part 150 --The Metropolitan Airport's
Commission has requested that City Councils indicate preferences
from among proposed strategies for land use correction under the
Part 150 study. Ultimately MAC is hopeful their recommendation for
land use correction will be acceptable within communities.
surrounding the airport. Administrative Assistant Hohenstein has
been monitoring the Part 150 study and developed a memo that
outlines the four (4) corrective elements that are under
consideration by the MAC plan. Enclosed on pages through 6 7
is a copy of that memo. —7—
Administrative Assistant Hohenstein will be present to answer any
questions the City Council might have concerning the corrective
elements that were addressed in the attached memo.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny one or
more corrective elements and direct this information to the
Metropolitan Airport's Commission to be used as a strategy for .land
use correction under the Part 150 study.
��z
REQUEST FOR COUNCIL ACTION
MEMO TO: CITY ADMINISTRATOR HEDGES,,.
FROM: ADMINISTRATIVE ASSISTANT HOBENSTEIN
DATE: OCTOBER 23, 1986
SUBJECT: COUNCIL PREFERENCES FOR PART 150 CORRECTIVE STRATEGIES
Please request action on the part of the Council with respect to
the Metropolitan Airports Commission proposed strategies for land
use correction under the Part 150 study. The MAC has requested
that city councils indicate preferences from among the options so
that the program they ultimately recommend is acceptable within
the communities.
• In addition to the preventive land use strategies which the
Metropolian Council currently requires, the MAC plan would add
one or more of the following corrective elements:
1. Acquire Developed Property - For residential structures
which cannot be economically soundproofed, acquire the
property if the owner so wishes. Acquired property would be
converted to compatible uses with appropriate easements and
restrictions.
2. Purchase Assurance Program - Guarantee purchase of existing
homes in specified areas after the owner has made a bonified
effort to sell the property. Acquired property would be
converted to compatible use or insulated and returned tc
residential use with appropriate easements and restrictions.
• 3. Soundproof Private Residences - Apply sound insulation
techniques to existing residences to achieve a, noise level
reduction (NLR) sufficient to achieve acceptable levels of
interior noise. MAC would acquire avigational easements in
exchange for the cost of soundproofing.
Purchase Avigational Easements - Purchase avigational
easements from property owners in designated areas.
The corrective elements would be considered for application
within the Ldn contours shown on the attached map. The costs of
such corrective actions would be covered by planning assistance
from the Federal Aviation Administration and the Metropolitan
Airports Commission's funds. Funding would be prioritized.on the
basis of the contour within which a residence might lie. If all
funds are exhausted within a particular contour, corrective
action may not be available in subsequent contours. This does
not preclude the possibility of leveraging in corrective action
through the combination of other funding sources to apply
corrective remedies to all residences within all contours.
Part 150 Corrective Strategies
October 23, 1986
Page Two
As the City Council has had discussion in the past concerning
such items as retrofit insulation, staff .would request direction
for its presentation of the City's -position on corrective actions
in the Part 150 study. Please schedule this for the November 6
City Council meeting to comply with the study's deadlines. If
you have any questions about this matter, please let me know. I
can be available for presentation of this material at the City
Council meeting, if that's necessary.
C".�
Adi nistrative.Assistant
JDH/jeh
•
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Twenty -Eight
UTILITY BILLING/RENTAL UNITS
F. Utility Billing of Rental Units --The City has approximately 800
accounts identified as rental in single family, duplex and townhouse
categories. In most cases, the renter is responsible for paying the
utility bill and account deposit. Unfortunately with the rapid
turnover in rental units., renters will move out of the property
without making final payments and the City has had a serious
collection problem as a result. The Director of Finance has
prepared a memo that addresses the current situation and problems
and provides a suggested procedure that he would like implemented so
the City insures payment of all utility bills and minimizes
collection requirements by the.City.
For a copy of the memo.refer to pages _Zthrough'/ It was
felt by the City Administrator that a change in he procedure
addressed and adopted by the City Council would provide greater
teeth in the enforcement as opposed to handling this matter
administratively.
ACTION
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a change
in the administrative procedure for account deposits and billing of
all City utility bills for rental units as presented by the Director
of Finance.
010
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE
DATE: SEPTEMBER 18, 1986
SUBJECT: UTILITY BILLING OF RENTAL UNITS.
with the continued rapid growth in the City as well as the
increase in rental units, the department has been experiencing
significnt problems in utility billing that we feel need to be
addressed and changes made either administratively with your
concurrence or by the City Council.
• Ken Damlo and the utility billing clerks have compiled the
following information which I have reviewed and concur with.
Current Situation
1) Approximately 800 accounts have been identified as rental in
the single family, duplex and townhouse categories. This is
about 108 of the total 8200 accounts in these categories, as
of June 30, 1986.
2) The City has allowed the option of either the owner or renter
paying the bill. An estimtaed 758 of the rental units have
the renter pay the bill and account deposit.
3) As a courtesy,, utility billing personnel send a copy of the
renter's final bill to the owner to make them aware of the
liability if the renter does not pay, but this adds to the
work load. This assumes that the renter asks for a final
read in a timely fashion.
Problems
1) No notification when individuals move in and out. A
significant amount of time and effort is spent attempting to
obtain necessary billing information.
2) Rapid turnover, requiring the establishment of account
records and then running final bills as individuals often
move out within a few months of moving in.
3) A reliance on verbal information received over the telephone,
sometimes from second party sources, for names, addresses,
\ dates and payment responsibility. This information is not
1 always correct and sometimes results in the City being in the
middle of disputes between owner and renter.
4) Resistance on the part of owners to pay for the unpaid
abalances on final bills, plus additional problems associated
with threatening water shut-off when there is a new renter in
the unit.
Suggested Procedure
1) The utility account will be in the name of and billed to the
property owner or his rental/management agent. The owner
will also be responsible for the account deposit. In no case
will accounts or deposits be in the name of the renters.
2) Requests to bill rental/management agents must be submitted
on a form provided by the City, and will not be in effect
until it has been signed by both parties and returned to the
City.
3) Final reads.will be taken and final bills generated only upon
the owners or rental/management agents request. The City
will have no interest in renter turnover as it relates to
these utility bills. •
4) As provided in Section 3.05, subd. 8, of the City Code which
states that payment for utility service shall be the primary
responsibility of the property owner, unpaid bills on
rental property will be certified to the tax rolls, following
the proper notification and hearing, if other reasonable
collection efforts are not successful.
Implementation
Implementation would involve immediately notifying by mail the
owners of rental property who can reasonably be identified of
this change in policy. Then, as present renter's move,
individual account records would be changed in accordance with
the new procedures. There would be no attempt to change billing.
on units that were not turning over, consequently complete
implementation would probably not be achieved for a long period
of time.
Summary
While some owners are conscientious in dealing with their
property, as the total number of accounts increases„ the problems
and demands on staff associated with rental units will continue
to increase. The total number of accounts on the utility billing
system as of August 31, 1986, was 9,756 (this includes final
bills). While we remain committed to accommodating the public, a
change in procedure relating to rental units will increase
efficiency and alleviate one problem area at a time when utility
billing personnel are faced with increased work load as a result
of the City's continued rapid growth.
Given the increase in numbers as well as other increases in
complexity of utility billing, it is not practical for the City
to continue the past practice of billing renters for service.
While the proposed changes may cause certain property owners some
®additional work load, that is where the ultimate responsiblility
should be placed. Owner occupied accounts should not be required
to endure additional expenses or poorer service to accommodate
rental property owners.
•
•
I or any other employee involved in this billing process would be
happy to discuss the matter in more detail or provide whatever
additional information may be required.
UO
Financ'; 'irector/City Clerk
cc: Assistant Finance Director Damlo
EJV/cks
/ /
MEMO TO: HONORABLE MAYOR AND CITY
FROM: CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 31, 1986
SUBJECT: INFORMATIVE
AMM BANQUET
Steve Schwanke and Gene VanOverbeke are planning to attend the AMM
annual meeting on Thursday, November 6. Gene will be present at the
City Council meeting after the AMM meeting to discuss utility
billing proposal and will provide a brief update of action taken if
appropriate.
ON -SALE LIQUOR LICENSES UPDATE
® Enclosed on page is a copy of an update provided by the
Director of FinancW listing the on -sale liquor licenses in the
community.
EAGAN HOCKEY BOOSTERS PETITION
Enclosed on page_ is a copy of a memo to the Director of Parks
and Recreation re arding direction for the Eagan Hockey Booster's
petition.
LANDFILL ABATEMENT FUNDING ASSISTANCE
Enclosed is a copy of -the Landfill Abatement Funding Assistance
application that was submitted by the City for reimbursement.
Administrative Assistant Hohenstein has been coordinating the Solid
Waste Abatement and Composting Program and prepared the funding
assistance application. This application provided a great deal of
40 detail on the City's progress for solid waste abatement and
composting and further explained some of the impact and benefits to
date and for those reasons it seemed appropriate to copy the City
Cou cil. For a copy of this report, refer to pages -ALthrough
VOLUNTEER FIRE DEPARTMENT MONTHLY REPORT
Enclosed on page is a copy of the August report for the Eagan
Volunteer Fire Dep rtment.
AIRPORT NOISE
In addition to the regular ly.'6cheduled agenda item, there are two
other pieces of information that deserve review by the City Council.
First the City has received an encouraging letter from Doug Powers,
the new Air Traffic Manager for the FAA and a copy of his letter and
summary memo from Administrative Assistant Hohenstein are enclosed
on pages _P_ through __C17_.
7y
Also enclosed is a letter of record from Kevin Eide regarding a
request by Mr. Roger Sperling to process all airport noise
complaints_ps. nuisance complaints. A copy of this memo is enclosed
on pages through. There is some concern about the City
taking an ctivist role in imposing litigation on the FAA especially
when that agency and MAC appear to be approaching a cooperative
posture with the City of Eagan regarding airport noise.
Administrative Assistant Hohenstein, in addition to the Airport
Noise Committee, has spent a great -deal of time nurturing staff from
both MAC and the FAA which should be beneficial to the City in both
the short and long term negotiations for minimizing or reducing
airport noise over our community.
The City Administrator would like some direction regarding the City
Attorney's letter on this item.
/S/ Thomas L. Hedges
City Administrator
73
U
•
•
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE
DATE: OCTOBER 29, 1986
SUBJECT: ON -SALE LIQUOR LICENSES
j
With the recent approval of the liquor license for Robert Dougherty there are
no additional licenses available for the"other restaurant" category. The
"other restaurant" category would be those with less than $350,000 building
valuation. The current breakdown of licenses is as follows:
CATEGORY
Existing -Prior Hotels Restaurants Other
To Ordinance Motels Valuation Restaurants
Licensee Change 5$350.000 Total
Al Baker
X
Cedarvale Bowl
X
Durnings
X
Hong Wong
X
La Fonda
X
Mediterranean Cruise
X
Richards
X
Stark's Halfway House
X
Valley Lounge
X
Eagandale Club
X
Lost Spur
X
Total Issued
Robert Dougherty
® Contemplated
Available
TOTALS
10 0 0 1 11
X(1) X
3 3
N
10 4 , 3 2 18
------------------------------------------
(1) Compri hotel - may not meet current hotel, definition relative to the
food requirement.
I am providing this information so that as preliminary discussions are
conducted you and the City Council have a record as to the current status of
these licenses. I would expect requests to make some adjustments to available
licenses to be forthcoming.
Finance rector/City Clerk
cc: Administrative Assistant Witt
EJV/jeh
7�
MEMO TO: DIRECTOR OF PARKS AND RECREATION VRAA
FROM: CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 24, 1986
SUBJECT: RAGAN HOCKEY BOOSTERS, INC. PETITION
At the last regular meeting of the City Council held on October
21, a petition was forwarded to Mayor Blomquist by Eagan citizens
interested in a hockey arena.
The City Council would like the Advisory Parks and Recreation
Commission to review the petition and begin a grass roots
evaluation of the proposal suggested in the petition. It is my
understanding that the Commission has had one meeting at which
time a community center was discussion relative to the Capital
Improvements Program.
The City Council would like Phase I investigation to be low key
and not in any way jeopardize discussions relative to the March
10 Independent School District 196 bond referendum.
Ken, we should communicate on a regular basis as this item is
monitored and proce,ss.ed through the Parks and Recreation
Commission so the City Council is kept abreast of all their
deliberations.
City Administrator
Attachment
TLH/cks •
7-6
Landfill Abatement Funding Assistance
APPLICATION
Name of City or Township
Contact Person
Address
Phone Number
Project Description
City of Eagan
Jon Hohenstein
3830 Pilot Knob Rd., Eagan, MN 55122
454-8100
Describe the Proposed Activity including: location, personnel, equipment
needed, collection method, publicity, roles and responsibilities of various
agencies, and schedule for implementing the activity. (Use additional
sheets, if necessary.) Indicate the means for attaining financial self—
sufficiency by 1990. See Attachment
— Proposed Service Area — Identify the area of the city or cities served by
the proposed activity. Provide a map, if applicable.
See Attachment
• — Impact on the Waste Stream — Estimate the quantity of waste in tons and/or
cubic yards diverted from sanitary landfills. How will the material be
marketed or disposed of7 Is this a new activity or funding for an existing
activity?
See Attachment
Proposed Budget of Expenditures
See Attachment
A. Personnel (List Positions)
Administration
Maintenance
Site Monitor
B. Land/Buildings
C. EgU12ment/Materials
D. Utilities & Maintenance
E. Publicity
Hourly Rate
: of Hours
Total Cost
11.90 + o.h.
250
$3,600
4.25-12.00 +
o.h. 300
3,400
4.25 — 6.00
185
850
Rental/Lease
Purchase
Total Cost
$3,150
$3,150
6,450
6,450
F. Contract Services $500
C. Other (Specify) Employment Advertising
1,850 1,850
6,350 6,850 "
200 200
Total Program Cost
Amount of Other Funds (Specify Source) Metropolitan Council
Amount of Local Funds (Specify Source) General Fund
12,545 X .$1.00 $12,545
P of Households (S1/Household) (Total
Allocation)
Signature of Applicant
Attach Resolution from City or Township.
Date
$26,350
.,6,272.50
7,532.50
$12,545
(Total
Requested)
CITY OF RAGAN
SOLID WASTE ABATEMENT AND,- COMPOSTING PROGRAM
PROJECT DESCRIPTION
GENERAL DESCRIPTION
The City of Eagan has made a commitment to provide its residents
with resource recovery and recycling alternatives to landfilling.
In 1985, the City Council authorized the development of the
composting program as a first phase in implementing this
commitment. The program's objectives, as updated, are listed
below:
1. To establish a waste production and resource recovery
facility that can be easily expanded to meet future
demands.
2. To reduce the impact on county landfills by collecting
1,000 cubic yards of compostable materials and tree
waste in 1986.
3. To coordinate a composting program with other waste
reduction and resource recovery programs within the
City, county and metropolitan area.
4. To establish a composting program that is accessible,
convenient and easily understandable for residents.
5. To provide material drop-off and pick-up services at a
minimal or no charge to the user.
To conduct an ongoing public education program on the •
benefits of composting and recycling.
Currently the composting program accepts organic materials such
as leaves, grass clippings, garden wastes and residential tree
wastes. The material is processed through ordinary composting
and wood chipping. Compost and wood chips are made available to
residents at no charge.
At a special meeting of the City Council held on Thursday,
September 25, 1986, the Eagan City Council gave direction to
staff to expand the scope of Eagan's resource recovery and
recycling alternative development by authorizing application for.
funds to conduct an Organized Collection Study on behalf of the
City. This study, combined with the work being performed by the
City's recently appointed Solid Waste Abatement Commission, will
result in the development of a comprehensive strategy to
implement successive phases of the City's landfill abatement
effort. V
LOCATION
The City provides a single, centralized, monitored drop-off site
(see site location map enclosed). The site operates from April
through November to provide access throughout the growing season.
The site is open on Saturdays from noon to 6:00 P.M. throughout
this period. Beginning in September, the site is open on
Wednesdays from noon to 6:00 P.M. as well to provide for the
additional demand placed on the site by the fall leaf seascin.
This two phase schedule is expected to be utilized in the future
years.
The site offers some alternatives for future waste abatement
programs including paper drives, a City recycling drop site and
Christmas tree chipping. These alternatives are under
consideration and may be implemented in the coming year.
• PERSONNEL
As outlined in the application, personnel for the site consist of
permanent City personnel performing the roles of administration
and site and material processing and maintenance. In addition,
the City has hired part-time temporary personnel to monitor the
site on the schedule described above. Volunteers are used to
publicize the City's programs and to assist site monitors during
scheduled hours. Currently, the City is using the services of an
Eagle Scout candidate who will provide general assistance
throughout the fall leaf season.
EQUIPMENT NEEDED
The City makes use of a variety of equipment for the conduct of
this program. In the past, the City has utilized landfill
abatement funds to purchase additional equipment for the program
. and has made application for additional equipment in this .funding
cycle. Currently, the City has the following equipment partially
or substantially dedicated to the composting program:
Front end loader
Hauling truck with dump box
Skidster front end loader
Wood chipper
Under the application presented for consideration, the City has
included three items of new equipment which will be substantially
applied to the overall waste reduction program. These are
outlined below:
1. Stump Chipper - The City is interested in purchasing a
stump chipper to reduce wood wastes in much the same
way as the wood chipper is used in conjunction with the
compost program. Many times, in the conduct of City or
parks improvements or boulevard maintenance, it becomes
necessary to remove trees for a variety of reasons.
When that occurs, the City is faced with the option of
either chipping the remaining stump or removing it for
landfill disposal. In the past, the City has utilized
CITY OF EAGAN
SITE LOCATIONS
0 CENTRAL LOCATION (PERMANENT SITE)
JUST SOUTH OF THE EAGAN MUNICIPAL
CENTER ON PILOT KNOB RD.
- T9
rental equipment or the county's stump chipper for that
purpose. Neither of these alternatives has proven to
be cost effective due to the frequency with which this
piece of equipment is needed. Since wastes not reduced
in this way create an unnecessary impact on the area
landfills, the City has included this item under its
application for landfill abatement funding assistance.
2. Truck Modifications - Currently, the City uses one of
its maintenance trucks (Unit # 313) in the conduct of
its boulevard tree trimming program. This unit travels
with the wood chipper and is used to transport chips
from the point at which they are reduced to the City
compost site or other disposal sites. In the past, the
operating configuration of this vehicle has prevented
the efficient conduct of the wood chip program. The
proposed modifications involve a metal frame and fabric
covering for the truck box to allow it to be filled to
• capacity with wood chips during operations and a
retrofit hitch to allow it to pull the wood chipper.
At present, no vehicle in the City's maintenance fleet
is able to carry much more then one-third of a load of
wood chip material at a time due to chip material being
blown from the vehicles. In addition, Unit # 313 is
not equipped with a hitch to pull the wood chipper. To
date, the operation has required two vehicles with as
many operators to reduce material at a particular site.
The addition of these modifications will allow for
improved efficiency and greater flexibility on the part
of City staff.
3. Thermometer/Temperature Probe - The City has maintained
the compost piles by turning them on a timed sequence
schedule. This has worked relatively well. The
purchase of a temperature probe to monitor the reaction
• temperature near the middle of the pile will allow
better management by allowing maintenance of the pile
as it is needed to maintain optimum composting
temperature.
COLLECTION METHOD
The compost program operates as a drop site on the schedule and
in the manner described above. Individuals bringing the
materials to the site are directed to deposit them in approved
locations by the site monitor. The only material brought to the
site by City staff is that which is collected and reduced as a
part of the City's boulevard tree trimming program.
As part of the application, the City has indicated as an item an
Organized Collection Study to consider alternatives to the
present open hauling system in the City. The City is not
committed to undertaking organized collection as yet, but the
results of the study may provide avenues for alternative
collection methods to complement the drop site.
•o
ROLES AND RESPONSIBILIT-IES
The City of Eagan operates the compost program and meets its
attendant responsibilities. It derives funding for these
operations from its general fund, County Landfill Abatement
Assistance and the Metropolitan Council. It is assisted in site
operation by volunteer personnel- from time to time as described
above. The City does contract with recycling contractors to
conduct its Clean -Up and Recycling Promotions in the spring and
fall of the year and it publicizes private sector recycling
programs within the community. No other agency or entity has
responsibilities within the described program. However, several
preliminary proposals have been made to the City by outside
agencies for expansions of service. These alternatives are
briefly outlined below.
ALTERNATIVES
The City has been approached by Goodwill Industries regarding the •
possibility of establishing a recycling drop site within the
community similar to that in Burnsville and Apple Valley -
Rosemount - Lakeville. Dakota county is considering a joint
project with court services personnel and Goodwill Industries for
routed curb site collection of recyclables in Eagan. Dakota
Incorporated has offered to provide a labor pool and management
for a City funded drop-off and processing center. Waste
Processing Corporation has approached the City concerning the
development of a co -composting system for all City wastes. In
addition, numerous vendors and consultants hay.e contacted the
City with respect to their products and services in the area of
resource recovery and recycling. The City is investigating these
alternatives through its Solid Waste Abatement Commission and
City staff. If one or several of the alternatives present
themselves as being preferable to the program described, the City
reserves ,its right to amend its application for Landfill
Abatement Funding Assistance to address costs in alternative
areas found to be acceptable to both the county and City Council.
SCHEDULE
The project, as described, is currently implemented and has been
in operation for one year. In the past, the City has made
application for costs incurred in the current year and does so
this year as well. Costs indicated in the application are based
upon actual costs incurred through August 1, 1986, and reasonable
estimates of the time and costs expected to be incurred through
the end of the year. In addition to these costs, the City has
included the Solid Waste Abatement Study as a portion of this
application. It is not anticipated that this study will be
completed by year end and the City reserves the right to request
progress payments for the study on a quarterly basis in the
coming year if it is approved and undertaken.
D/
�'�� Hwy. '•fir wa�'a,:
INTERNALIZATION OF PROGRAM COSTS
By 1990, the compost program may attain financial self
sufficiency by one of two methods. First, it will become
necessary to charge a fee for compost site disposal and marketed
material in the future. The City has chosen not to pursue this
alternative in the initial phases of the 'Program to develop use
patterns on the part of its residents. As alternatives f;nr
disposal are reduced as 1990 approaches, the City will be able to
begin charging user fees to support the program. The other
alternative would be that additional general fund resources be
applied to the program for its administration and maintenance.
Any determinations concerning general fund allocations will have
to be made as part of the overall strategy of the community with
respect to solid waste abatement. The mix of user fees to
general fund allocations depends upon the relative level of use
and the availability of alternative disposal means.
The City anticipates that it will be better able to make plans
with regard to financing its solid waste abatement activities
when the county master plan is completed. Moreover, the
Organized Collection Study together with a broader metropolitan
area database concerning resource recovery alternatives will
better define the financial commitments of all parties.
Ultimately the user will pay for disposal in some manner as the
costs ofalternative disposal escalate.
SERVICE AREA
The entire City of Eagan will continue to be served by the
compost program (see service area map attached). The program
allows for compostable disposal to all Eagan residents and
businesses and wood product disposal to Eagan residents.
IMPACT ON THE WASTE STREAM
• The City compost program diverted roughly 300 cubic yards of
compostable material in 1985. It also diverted asubstantial
amount of residential tree waste, but the difficulty in measuring
the compacted volume of such materials precluded an accurate
estimate of the quantity. Based upon the heightened awareness of
the program and the availability of the site for grass clipping,
disposal throughout the summer months, the City anticipates that
it will divert roughly 1,000 cubic yards of compostable material
from the landfill in 1986. In addition, the City anticipates the
diversion of roughly 250 cubic yards. of reduced wood chip
material from the landfill in.1986. The reduced material being
easier to measure then the raw material, this goal will be easier
to.gauge.
The complement to material collection is the marketing of a
finished product. The City of Eagan has engaged in a substantial
marketing campaign through the local press and City publications
to dispose of the wood chip and compost material. It is being.
marketed to residents and businesses free of charge with the
potential for service fee charges as the program develops.
CITY OF EAGAN
AREA SERVED BY PROGRAM
--------- --- --�
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Hwy 35
Hwy 1
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`(ankes Doodle Road y I
N
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I Y
0
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CO Z
reoD1111ey Road
o
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/
Wllderneas
Run I
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CIIII Road
—.. —.. �..—L_..
APPL VALLEY ROSEMOUNT
— — — — — — — —.— — —.— —'— — — — — — — —'— — — —'— —.— — —�
pas
•
i
The activities
continuations of
several additions
of the service.
described within this application are
the previous City composting program with
designed to expand the effectiveness and scope
Attached for your review are copies of the enabling resolution by
the Eagan City Council, instituting the leaf composting/landfill
abatement program on S.eptem'ber 17, 1985; a budge't de -tail
itemizing costs reflected in the application; and a progress
report outlining uses of funds approved under last year's
landfill abatement assistance application.
W
K85-4
CITY OF EAGAN
RESOLUTION
AUTHORIZATION FOR PARTICIPATION IN LEAF
COMPOSTING/LANDFILL ABATEMENT PROGRAM
WHEREAS, the Dakota County Human Services Board approved
a funding assistance policy to financially assist municipalities
within Dakota County for specific landfill abatement projects; and
WHEREAS, the City of Eagan has previously sponsored a
leaf composting program; and
WHEREAS, the Eagan City Council on August 20, 1985,
approved the operation of a composting program for the City of
Eagan; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan
hereby authorizes City staff to submit the necessary grant appli-
cations and agreements to Dakota County for financial assistance
under the landfill abatement program.
Motion Made By: WACHTER
Seconded By: EGAN
Those In Favor: ALL
Those Opposed: NONE
Date: SEPTEMBER 17, 1985
CITY OF EAGAN
CITY COUNCIL
a
At
CERTIFICATION
I, E. J. VanOverbeke,- Clerk of the City of Eagan, Dakota
County, Minnesota, do hereby certify that the foregoing resolution
was duly passed and adopted by the City Council of the City of
Eagan, Dakota County, Minnesota, in a regular meeting thereof
assembled this 17thday of September, 1985.
� 0 (1�101 te--U,
^
E. . VanOverbeke, City Clerk
CiVy of Eagan
BUDGET DETAIL
CITY OF RAGAN
SOLID WASTE ABATEMENT AND COMPOSTING PROGRAM
1986
Personnel Cost
Planning and Administration $3,600
Pile Maintenance and Wood Chipping 3,400 ?
Site Monitor 850 j
$7,850
Publicity
Printing 1,500
Signs 350
1,850
® Site Costs
Site Development 1,700
Landscape Screening 1,450
3,150
Eauipment 8 Materials
Stump Chipper 5,000
Truck Modifications (Unit #313) 1,200
Thermometer/Probe 200
Operating Supplies 50
6,450
Contract Services
Organized Collection Study 6,000
• Shredder/Screen Rental 500
Insurance 150
Garbage Collection 50
Clean -Up Day 150
6,850
Other
Employment Advertising 200
200
TOTAL $26,350
121
CITY OF EAGAN
SOLID WASTE ABATEMENT AND COMPOSTING PROGRAM
PROGRESS REPORT
CURRENT STATUS
r.
The City of Eagan compost program is completing its first full
year of operations. It is meeting the expectations laid out for
it at its inception and the City Council is committed to
expanding its services in a controlled manner to better serve the
resource recovery and waste abatement needs of the community.
The program is staffed by two monitors on a regular schedule from
April through November with the help of volunteers including an
Eagle Scout candidate currently assisting at the site. The
compost site itself has been improved substantially through the
installation of landscape screening, plantings and a gravel turn
around pad which have enhanced the aesthetic compatibility and
overall useability of the site.
The City Council is exploring alternatives to expand its solid
waste abatement activities. It has undertaken a series of fall
and spring clean-up and recycling day promotions within the
community. These promotions have offered one day drop site
alternatives for residents doing spring and fall cleaning at
their homes. In August, the City Council appointed a Solid Waste
Abatement Commission to examine alternatives and recommend a -
comprehensive solid waste strategy for the City. The Commission
continues to meet and is considering numerous alternatives in the
way of source separation, collection and marketing. Moreover,
the City Council has given direction for an organized waste
hauling study to be undertaken by the City.. Contingent upon
funding allocations, this study will provide information on the
means by which organized hauling can contribute to the overall
waste abatement goals of the metropolitan area. In addition to
these initiatives by the City, the City has been approached by
Goodwill Industries, Dakota County and other vendors and
consultants regarding the development of recyclable drop sites,
routed recyclable collection and waste processing.
The City has encountered several problems in the conduct of its
program over the past year. The nature of these problems is
briefly outlined below.
The City found through a telephone survey that awareness of the
program was high but that use .levels, based on respondents, was
relatively low. Concern was expressed on the part of respondents
that the schedule might not be sufficient for all yard waste
disposal and that publicity could be made more accessible and
more frequent. The City has addressed the scheduling issue and
has increased its commitment to broad based publicity. In
addition, it is pursuing the alternative of combining the
current operations with a recyclable drop site and expanding its
hours to improve accessibility. 87
The City also had a problem with the availability of monitors for
the site. The spring to fall schedule of the site does not
correspond with the ordinary availability of volunteer
organizations such as Scouts, church youth groups and the like.
The City was able to locate and hire a sufficient number of
monitors to undertake its schedule, but the number of
applications for the position were very low. This problem, like
the issue of awareness, might be helped by a more extensive
schedule promising additional hours to prospective monitors. The
City is also constrained by its seasonal employee pay schedule
which reduces the pool of interested candidates.
The Wood Chip Program has raised some issues as well. It was
intended to be an accessory service to the compost program but
due to the lack of disposal alternatives for wood products, it
has taken up over half of the summer time -commitment for waste
abatement. To deal with this problem, the City has better
defined the materials it can accept as being "tree limbs and
trunks 1" - 6" in diameter." These materials reduce to chips
well while not unnecessarily taxing the equipment or the
operator. It will become necessary to develop an overall wood
product strategy to address residents' needs in the future.
Marketing of processed material has been slow to date but the
improved publicity and the availability of locally generated
compost is likely to raise the profile of this element of the
program. It will become necessary in the future to gain access
to a compost shredder and screen to make the material more
marketable to the public and to businesses. Dakota country
personnel have expressed interest in purchasing this piece of
equipment on a shared basis for a number of communities and the
City would strongly support that possibility. Shredders -are
difficult to locate on a lease basis and their cost is
prohibitive for individual communities to purchase in the near
• term.
The current site of the City compost program will eventually hold
the City's community center. Therefore, it will be necessary in
the long term to locate a new site for the program which offers
security, expandibility and ease of access. The City would be
interested in working with the county in pursuing alternatives in
this regard. This issue corresponds with the broader issue of
the County Master Plan. The City looks forward to the completion
of the County Master Plan as a means of directing strategy for
local municipalities doing solid waste abatement. The City
Council realizes that waste abatement will require us to change
the waste disposal habits of, residents. The City hopes to be
able to implement only that program which it will ultimately
follow, thereby requiring only one change of habits on the part
of residents. It is the City's firm belief that the success of
the cities and counties in meeting the regional guidelines
depends upon concerted, consistant reinforcment of a
comprehensive program and not a frequently changing succession of
abatment alternatives. To reach this end it is necessary to
complete the County Waste Abatement Master Plan on a timely basis
to allow cities to meet both county and regional landfill
abatement requirements by 1991. Qp
The timing of the master plan completion may require that the
county pursue an exemption from the 1988 mandate for all
communities within Dakota county. This will provide further time
for the cities and the county to work jointly to develop
voluntary recycling programs which meet the landfill abatement
targets in the next four years. The City of Eagan is also
interested in the development of centralized marketing through
the proposed county waste processing facility. As with the need
for an overall comprehensive strategy, the cities would be best
served by collective marketing which would be better able to take
advantage of economies of scale and markets outside of'the
region. The City believes that local direction and innovation is
good, but it is interested in the big picture being designed by
the county and the part that the cities will be expected to play
in it.
EXPENDITURES
All funds from last year's landfill abatement assistance
allocation have been expended pursuant to application documents.
In the past, the City has treated the Landfill Abatement Funding
assistance as a rebate similar to that available through the
Metropolitan Council. Therefore, the actual costs were certified
at the time of the request for payment of last year's allocation.
The request for payment covered the wood chipper and a portion of
the compost site signs. Both items were in last year's budget.
The current budget uses actual expenditures through August 31,
1986, and extrapolations of those costs to year end. Only the
organized collection study would extend beyond year end as the
City has only begun to explore the possibilities of this
alternative.
MATERIALS COLLECTED
The compost site was open for six weeks in the fall of 1985.
Before marketing of the material began this year, the reduced
pile was measured. The raw volume of the pile was r -educed by 208
to account for the shape of its crown. The raw volume was
multiplied by two to account for shrinkage. Based on these
calculations, it was determined that roughly 358 cubic yards of
raw material were diverted from county landfills in 1985.
Compost
Yardage
28 x 4 x 2 x
.80
= 179
cu.
yds.
Original
Material Abated
179
x 2
= 358
cu.
yds.
The site has been open since April, 1986, for collection of grass
clippings and garden wastes. Use has been lower during the grass
season due to the smaller quantity of ind.ividual wastes
generated. Due to the length of time the material has been on
site, a certain amount of decomposition has already occurred,
however, the reduction is not of the scale of full season
decomposition. Therefore, a multiplier of 1.25 has been used to
reflect. the actual quantity of material abated. Based on these
0
assumptions, the City estimates that 186 cubic yards of compost
material has been diverted from landfills so far in 1986. With
the higher profile of the program moving into the fall leaf
season, the City anticipates that use will increase dramatically.
Material Yardage 20 x 5 x 1 1/3 x .80 = 149 cu. yds.
Original Material Abated 149 x 1.25 = 186 cu. yds.
It has been more difficult to gauge the landfill abatement
resulting from the wood chipping program due to the difference in
compaction among the various sizes and kinds of wood products
accepted at the site. Disposal of wood products has been brisk
since April and a substantial amount of wood chips have been
produced by maintenance personnel. Staff has estimated the
amount of wood chip material generated and it may be possible to
extrapolate the quantity abated from that total. Currently,
there are roughly 196 cubic yards of wood chip material on site.
An estimated 35 - 40 yards have been removed for various projects
and 50 - 75 yards of unacceptable material has been removed and
used as fill material.
Wood Chip Yardage 7 x 7 x 5 x .80 = 196 cu. yds.
PUBLICITY
The City has used a variety of media in publicizing its waste
abatement activities. These are listed below:
City Newsletter
Press Releases
Feature Articles
Handouts
Cable T.V.
Postings at Retail and Public Buildings
• Church Bulletins
Mailings to Major Employers
Flyer in Local Paper
Maps
Signs
The City is constantly improving its publicity with respect to
solid waste abatement. As the program has matured, the City has
developed a library of resources and graphics which. can be
.readily transferred to distribution materials. The timing of
publicity has improved substantially as additional lead time has
been provided for the program's activities. The City is pursuing
a variety of alternatives in this area and would like to begin
using the local school system to educate children and publicize
the availability of program services. This has presented special
difficulties to the community because the school districts
overlap into other communities with other programs. Not all
Eagan students attend Eagan schools and not all students in Eagan
schools are Eagan residents. Therefore, an approach to this
education segment will require a concerted effort among the
communities in the area. 0
OTHER REVENUES
The City makes use of two funding sources in addition to Dakota
County Landfill Abatement Assistance. In 1985 - 86, the City
general fund applied roughly $4,,000 to the solid waste abatement
program. For 1986 - 87, the City portion is estimated to be
$7,532.50. The City also derives rebate funds from the
Metropolitan Council. In 1985 --86, it received $5,264 from this
funding source. In 1986 - 87, the City anticipates receiving
$6,272.50 from Metropolitan Council Land -fill Abatement Funds.
Currently, the program receives no other revenues as the need to
develop habit formation among site users suggests the need for
free services. Once habit formation has developed and compliance
rises, it will become necessary for the City to phase in user
fees for services and materials.
OTHER PROGRAMS
The City of Eagan has no other permanent public programs of its
own. However, it does sponsor a semi-annual. Clean -Up and
Recycling Day promotion at City Hall to allow residents to
dispose of recyclable and reusable wastes. In addition, the City
has issued a request -for -proposal for in-house office paper
recycling and it is in the process of analyzing its responses to
that request. In addition, the City helps publicize other local
recycling alternatives in its compost program publicity.
Overall, the City is moving forward to meet the Metropolitan
Council guidelines in a measured, conservative fashion. As the
programs under consideration come to fruition, the City
anticipates that it will begin to make a substantial impact on
the waste stream. In concert with Dakota county, it is hoped
that the targets can be met by 1990 and that the use of landfills
for mixed municipal solid waste can be ended.
•
EAGAN VOLUNTEER FIRE DEPARTMENT MONTHLY REPORT
FOR MONTH OF August 1986
WORK PERFORMED
TYPE MAN HOURS
Fire/Rescue 288
Training 313
Truck & Equipment Maintenance 139
Station Maintenance 128
Fire Prevention 25
Administrative 409
TOTAL
d
1,302
STATION #
9
6
Nights
3
3
0
MANPOWER
• Available Nights
Available Days
Available Days an
Available Rotating
On Leave
Rookies
FIRE/RESCUE.
TYPE
Structure'
Grass
Vehicle
False
Medical
Other
LARGE DOLLAR LOSSES
DATE NAME.
none
006109.101
0
21
NUMBER
8
1
11
10
4
3
TOTAL 37
LOCATION
STATION #2
12
5
4
1,
1
0
23
$ LOSS
5
0
1810
0
0
50
$1865
OCCUPANCY
STATION #3
9
3
0
en
0
0,
17
$ LOSS
REQUEST FOR COUNCIL REVIEW
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: ADMINISTRATIVE ASSISTANT HOHENSTEIN
f,
DATE: OCTOBER 28, 1986 j
SUBJECT: COUNCIL REVIEW OF FAA CORRESPONDENCE ON
RAGAN-MENDOTA HEIGHTS DEPARTURE CORRIDOR
Attached please find correspondence from Doug Powers, Air Traffic
Manager, at the Minneapolis/St. Paul International Airport. The
letter represents the FAA's current position on the Eagan -Mendota
Heights Departure Corridor. In summary, the letter indicates
that the FAA recognizes a fan between runway heading and 090
degrees magnetic as the edges of the corridor. That area is
depicted on the flight track map which is attached.
However, the concentration of traffic along the southernmost
tracks results in an Ldn contour which concentrates noise impacts
to the south portion of the corridor. The relationship of Eagan
and Mendota Heights residential areas to the contours is
illustrated in the second map which is attached.
It is apparent, that a better use of the corridor would be made
by shifting the concentration of traffic to the north slightly so
that the contours continue to avoid Mendota Heights neighborhoods
while being lifted from those in Eagan.
The second page of Mr. Power's letter is encouraging in that he
indicates that he will make an effort to utilize the middle of
the corridor more effectively. It is also encouraging that the
airport's consultant, Howard, Needles, Tammen and Bergendoff,
indicates that they are doing some additional analysis of
departure flight tracks to determine whether the contours, can be
made to lie between the two 'communities in a fashion that
equalizes the impact on each. Staff estimates place the optimum
heading to be somewhere between 105 degrees and 110 degrees, but
we will have to wait for the consultant's results to determine
whether such a modification can be effected at the tower.
If you have any questions about the letter or the memo, please
contact me.
AdV nisttative Assistant
Attachment q3
JDH/jeh
U.S.Department
of Transportation
Federal Aviation
Administration
October 23, 1986
Mr. Jon Hohenstein
Administrative Assistant
City of Eagan
3830 Pilot Knob Road
P. 0. Box 21199
Eagan, Minnesota 55121
Dear Jon:
Air Traffic Control Tower
6311 34th Avenue South
Minneapolis, MN 55450
• In response to your September 29, 1986 letter, the maps which you included are
a helpful method for identifying the residential areas of Eagan with respect
to the final approach course or centerline for runways 29 left and 11 right.
As a newcomer to the question of noise in the metropolitan area, I continue to
seek some of the history behind the procedures and definition of the easterly
"corridor."
In an effort to familiarize myself with the definition of the "corridor" I
have had indepth conversations with Les Case, Jeff Hamiel of MAC and several
members of MASAC concerning this subject. These conversations, along with
consultations with members of my staff, indicate to me that the original noise
program for noise reduction over Eagan was and remains as follows: aircraft
remain north of the extended centerline of runway 29 left when departing
runway 11 right and south of 0900 when departing runway 11 left for a distance
of three (3) nautical miles from the departure end of the runway in use. The
'boundaries. of. the "corridor" are magnetic bearings of 0900:from the southeast
® end of runway 11L/29R and 117.40 from the southeast end of runway 11R/29L.
A 1050 departure heading was and still is used when traffic permits to provide
a buffer to the south boundary of the corridor. Widespread use of this
procedure worked very well until the effects of deregulation were felt in 1983
and the increased volume necessitated fanning traffic when it began to affect
the City of Mendota Heights to your north. In order to give Mendota Heights
relief, the 1050 departure heading was adjusted southward and a heading
assigned which would keep traffic on or north of the 29L localizer during the
hours of peak traffic volume. Without this adjustment aircraft departing the
north parallel runway and assigned a heading of 0900 would, under -most wind
conditions, drift north of the' northern edge of the departure corridor.
Separation standards require 150 divergence between departures. Consequently,
in order to keep departures off the north parallel within the northern limits
of the corridor we must adjust departures off runway 1111 southward.
Edward Warren: First American Aloft
z
We can appreciate the impact a runway heading for 11R departures would have on
the areas of Eagan which are very close to the southern limits of the
corridor. However, if we do not make effective use of the full designated
"area we either push noise north of the northern limits into Mendota Heights or
we adversely effect air traffic system capacity.
During periods of light to moderate traffic and when weather or other factors
which effectstandard separation exist I believe the use of the heading of
1050 can and should be used. I fully intend to monitor the use of the full
corridor and we will make efforts to insure that the full extent of the
corridor is not used indiscriminately.
As always you are invited to contact me should you have any further questions.
Air Traffic Manager
73
•
HAUGE, EIDE & KELLER, P. A.
ATTORNEYS AT LAW
WATER VIEW OFFICE TOWER, SUITE 303
1200 YANKEE DOODLE ROAD
EAGAN, MINNESOTA 55123
PAULH.HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
DEBRA E. SCHMIDT
Thomas Hedges
Eagan City Administrator
3830 Pilot Knob Road
Eagan, MN 55121
RE: Airport Noise Complaints
AREA COOE 612
TELEPHONE 456-9000
454-4224
October 20, 1986
Dear Mr. Hedges:
® At this time I am writing to further update you regarding our review of
nuisance complaints made by Mr. Roger Sperling and others relating to
excessive noise from air traffic overflights by their landing or taking off at
the:Minneapolis-St. Paul International Airport. At the time,,I,do not intend.
this letter to be a recommendation as to how to proceed. Prior to making such
a recommendation, it will still be necessary to (a) make an assessment as to
the cost in attorneys fees and independent acoustic testing at various points,
in the City of Eagan, (b) discuss our intentions with, and gain additional
input from, other individuals having information in this area such as Mr.
Kelso of the Minnesota Pollution Control Agency, and Mr. Dick Gunn, to whom
you have referred me, (c) to determine how the City Council would like us to
proceed.
With respect to the last issue, City Council direction, the Eagan City Council
did in 1985 authorize our office to proceed to prosecute the appropriate
individuals or agencies for public nuisance violations due to'excessive
I airport noise. Due to the lack of continuing and specific complaints from
residents, upon which prosecution could be commenced, no charges were brought
in 1985. There is no question that such a prosecution will be extremely
costly and time consuming and may jeopardize ongoing negotiation efforts to
come to a resolution of these problems. Our office feels it would be
inappropriate to commence the prosecution of a public nuisance complaint
without again receiving council direction.
ACOUSTIC TESTING
To prosecute a public nuisance complaint, specific data will be necessary to
support the complaints of the residents that noise levels are excessive. It
has been suggestedthat this testing could be done by the Minnesota Pollution
Control Agency or could be done by independent testing firms. There has been
concern that the Pollution Control Agency may not be sufficiently independent
from the Metropolitan Airport Commission to provide totally unbiased testing.
Moreover, it appears that the Pollution Control Agency is involved in a
testing project in southeast Minneapolis which would prevent a substantial
testing effort in Eagan for some considerable period.
MOO'
Thomas Hedges
October 20, 1986
Page 2
The Pollution Control Agency did obtain testing results during the summer of
1986, however, the rough data has not been compiled as of yet. Some of the
testing was done with the Metropolitan Airports Commission and some of it done
independently, and it does not appear that this information will be available
until the spring of 1987, if at all.
It isthereforerecommended that an independent testing firm be utilized to
provide data in support of the complaint.
VALIDITY OF A PUBLIC NUISANCE COMPLAINT
We are of the opinion that a public nuisance complaint could be brought
against an appropriate individual or agency if excessive noise exists. The
most analogous situation occurring in the State of Minnesota is the case of
State of Minnesota vs. Reserve Mining Company, wherein it was held that the
emission of asbestos fibers in the air and water constituted a public
nuisance. Moreover, noise, odor or vibration caused by air flights can
support liability under a nuisance theory. Greater Westchester vs. City of
Los Angeles, 26 Cal. 3rd 86, 160 Cal. Rptr. 733, 603 P'. 2d, 1'329 (1979).
WHICH AGENCIES SHOULD BE CITED
It is clear that the Metropolitan Airport Commission (MAC) does have the
authority, even in light of the control of air flights by the FAA and even in
light of the need for interstate travel and commerce, to enact regulations to
limit noise from aircraft. Those regulations must be reasonable, nonarb'itrary
and nondiscriminatory, British Airways Board vs. Port Authority of New York,
558 F.2d 75, 85 (2d Cir.1977). However, those regulations cannot limit access
to the airport by air carriers. City of Burbank vs. Lockhead Air Terminal,
(1973) 411 US 624, 93 S.Ct. 1854,-36 L.Ed.2d 547, and the Airline Deregulation
Act of 1978. However, within that context, the local operating agency of the
airport, MAC, maintains the ability to exercise reasonable and
nondiscriminatory proprietary control over land use planning, design, location
of runways, aircraft noise limits and curfews.
MAC has adopted noise contour zoning regulations and has informally adopted
the corridor system over Eagan and Mendota Heights. If there are reasonable
alternatives to the overflights over residential areas, MAC has authority to
adopt these regulations and it would appear they could be cited for public
nuisance for failing to do so.
It is further our opinion that the FAA could be cited only if it can be shown
that the controlling agency's (MAC) efforts to resolve the problems created by
excessive air carrier noise were being impeded or directly opposed by the FAA.
Thomas Hedges
October 20, 1986
Page 3
WHAT IS EXCESSIVE NOISE
Before proceeding to prosecute for public nuisance, it must first be
determined what is excessive noise. The most compelling definition is that of
the impact upon individuals such as those cited in the Greater Westchester
case where it "interfered with person to person conversation in the home . . .
(with) normal telephonic communication, with the ability to enjoy the use of
the out of doors portion of their property and . . . to hear and enjoy
television programs-; such noise caused frequent arousal from sleep and, in
some cases, interfered with the ability of . . . school age members of the
families.to study in their homes." This, of course, would have to be
supported by appropriate acoustic testing.
I am of the understanding that the Minnesota Pollution Control Agency wishes
to avoid a direct confrontation with the airport on this issue, however,
Pollution Control standards could be used as a basis for a citation for public
nuisance. However, I am concerned that any injunction for a violation of a
Pollution Control Agency standard must be brought by the State Attorney
General's office. As a citation for public nuisance may have the affect of an
injunction, this may be required (Minn. Stat. Section 115.071(4)). It may
therefore be necessary or appropriate to request the State Attorney General's
office to handle this case and I consider it doubtful that they would want to
get involved in the case as it will likely effect other communities through
the reallocation of landings and take—offs under the preferential runway
system.
Finally, there may be other noise standards which could be adopted for this
purpose.
-0' CONCLUSION -
We are not making a recommendation at this time to proceed. However, the
prosecution for,a public nuisance violation does appear to be viable if the
limitations upon air traffic which would result would not limit access to the
airport by interstate air carriers. If the effect of the imposition of noise
standards would be to so severely restrict flights into and out of the airport
that access would be restricted to interstate air carriers, and it is unclear
how much authority the airport operator has to respread flights from peak
demand periods, then the only option available to the residents would be
through inverse condemnation.
We will attempt to continue to advise you in this matter.
Very truly yours,
HAUGE, EIDE 6 KELLER, P.A.
H 60
Kevin W. Eide
KWE:ras/
}
ADMINISTRATIVE AGENDA
REGULAR CITY COUNCIL MEETING
EAGAN, MINNESOTA
NOVEMBER 6, 1986
CITY ATTORNEY
Item 1. Resolution to Amend Minutes of October 7, 1986, City
Council Meeting
CITY ADMINISTRATOR
Item 1. Resignation of Administrative Intern
Item 2. Consideration of Resolution for Filming of City Council
Meetings
DIRECTOR OF PUBLIC WORKS
Item 1. Winter Parking Ban Ordinance/Enforcement Policy
Item 2. Contract 85-21, Maintenance Facility Expansion (Color
Scheme)
Item 3. Project 466., Receive ,...Feasibility Report/Order Public
Hearing (Pilot Knob Road Upgrading)
1'
MEMO TO: HONORABLE MAYOR., 8, CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 4,'1986' `
SUBJECT: ADMINISTRATIVE AGENDA''
CITY ATTORNEY
Item 1. Resolution to Amend Minutes of: October 7, 1986, City
Council Meeting--The'-City Council minutes for the October 7, 1986,
meeting should have included a title binder regarding the transfer
of land from Jim Curry's Lexington South to the City of Eagan as
parkland. The resolution was signed and distributed referencing
that City Council meeting; however, there is no record of passage
of the resolution in the official minutes.
ACTION TO BE CONSIDERED ON THIS ITEM: To amend the October 7,
1986, City Council minutes by providing a motion, a second and the
action on an amendment that would adopt a resolution approvings
the subdivision described as parkland that was transferred to the
ownership of the City from the Lexington South Planned Unit
Development.
CITY ADMINISTRATOR
Item 1. Resignation of Administrative Intern --Cheryl Johannes,
our current Administrative Intern, was recently hired as the
Assistant to the City Manager for the City of Shoreview. Cheryl
has submitted her resignation to be effective Friday,, November 7.
For a copy of her resignation notice, refer to page //] .
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation of
Administrative Intern Johannes.
Item 2. Consideration of Resolution for Filming of City Council
Meetings --At the October 21 City Council meeting, it was generally
agreed that the official minutes as prepared by the City Attorney's
office would continue as the official record for the City despite
cable broadcasting of City Council meetings. The Cable Commission
will determine how long tapes are retained, how long City Council
meetings are taped, and other related decisions so it is clear
that meetings are telecast as a means of communication and not as
an official record of 'City transactions. The City Attorney has
performed some additional research and provided a resolution for
consideration by the City Council. A copy of his memo is enclosed
on pages 1f1i and1L3 for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny staff
preparation of a resolution relating to the use of video cassettes
and televising of City Council meetings.
/0 r
A
Item 1. Winter Parking Ban ordinance/Enforcement Policy -'-The
City is entering its third snow removal season with the implementa-
tion of the "odd -even" ±''winter parking ban to facilitate and
expedite our snow removal '.;gpe'rations On November 4, Public
Works Street Maintenance personnel met with the Police Department
to review the coordinated efforts required for a successful
snow removal operation.' Enclosed on' ..pages//�/ through//5 is
a summary of the proposed operations discussed at that meeting.
Also enclosed on pages and //I is a notice describing the
parking ban to be implemented on No6ember 15..
During, the staff meeting, there were several questions, comments
and concerns regarding the level of enforcementof this current
City ordinance as we enter our third season. Sergeant Rick
Swanson and Public Works Director Tom .Colbert would like to
review these concerns with the Council in reaching a unified
position regarding the implementation and enforcement of this
ordinance.
ACTION TO BE CONSIDERED ON THIS ITEM: To provide direction to
the Public Works and Police Departments regarding snow removal
operations for 1986-1987.
Item 2. Contract 85-21, Maintenance Facility Expansion (Color
Scheme.) --The construction of the expansion and remodeling of
the City maintenance facility has reached a position where deci-
sions should be made regarding the interior and exterior color
schemes. On November 4'., the staff representative building commit-
tee reviewed various color schemes with the architect and has
made final recommendations for formal Council review and ratifica-
tion_ Mr. David Kroos, of Boarman Architects, Inc., will be
present to review these color schemes with the Council and to
discuss any other aspect of interest or concern.
ACTION TO BE CONSIDERED ON THIS ITEM. To approve the color scheme
for Contract 85-21, Maintenance Facility Expansion/Remodeling.
Item 3. Project 466, Receive Feasibility Report/Order Public
Hearing (Pilot Knob Road Upgrading) --The staff and County have
been working to refine the proposed final construction plans
for the upgrading of Pilot Knob Road from I -35E to Apple Valley
and approximately 1/4 mile in either direction of the intersections
with Cliff Road and Diffley Road. In order to schedule the
neighborhood informational meetings and formal public hearing
required for formal plan approval, the feasibility report has
been prepared which is now being presented to the Council for
their consideration of scheduling the referenced meetings.
It is recommended that .the informational neighborhood meeting
be held the first week of December (December 4?) with the formal
public hearing being held December 16. The Public Works Director
will be available to discuss with the Council the status of
/O /
the project and any particular concerns regarding this proposed
improvement.
ACTION TO BE CONSIDERED ON THIS ITEM: Receive the feasibility
report for Project 466 (Pilot Knob Road Upgrading) and schedule
the public hearing to be held December 16, 1986.
a
i
Cit�strator
l/a
it) ityoFaa9t
city of enc�nn
3830 PILOT KNOB ROAD,
This letter is to officially tender my resignation as Administra-
tive Intern effective Friday, November 7, 1986, to accept the
position of Assistant to the City Manager for the City of Shoreview.
I submit this resignation with a certain degree of reservation in
that I have enjoyed my experience with the City of Eagan and have
valued greatly from it. After considerable thought I have come to
the conclusion that I must take opportunities as they arise and
this move seems to be for the best as I begin my career in Public
Administration.
I wish to thank you for the opportunities that you have given me
as an intern in that no where else could I have gained the kind of
experience that I was able to gain here in such a short period of
time. I feel that I am leaving here with a much clearer
understanding of municipal issues and what it takes to be an
effective manager. I only hope that someday I will be a city
manager with the same degree of organization and integrity that
you display.
Once again, thankyou and I wish you and your staff the best of
luck in the years to come.
Sincerel ,
Che 1 A Johannes
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
P.O. BOX 21199
BEA BLOMQUIST
EAGAN, MINNESOTA 55121
Mo r
PHONE: (612) 454-8100 -
THOMAS EGAN
JAMES A. SMITH
VAC ELLISON
j
THEODORE WACHTER
C .11 Members
October 27, 1986
I
THOMAS HEDGES
COY ACministrwor
EUGENE VAN OVERBEKE
ON Clerk
This letter is to officially tender my resignation as Administra-
tive Intern effective Friday, November 7, 1986, to accept the
position of Assistant to the City Manager for the City of Shoreview.
I submit this resignation with a certain degree of reservation in
that I have enjoyed my experience with the City of Eagan and have
valued greatly from it. After considerable thought I have come to
the conclusion that I must take opportunities as they arise and
this move seems to be for the best as I begin my career in Public
Administration.
I wish to thank you for the opportunities that you have given me
as an intern in that no where else could I have gained the kind of
experience that I was able to gain here in such a short period of
time. I feel that I am leaving here with a much clearer
understanding of municipal issues and what it takes to be an
effective manager. I only hope that someday I will be a city
manager with the same degree of organization and integrity that
you display.
Once again, thankyou and I wish you and your staff the best of
luck in the years to come.
Sincerel ,
Che 1 A Johannes
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
HAUGE, EIDE & KELLIM P. A.
' ATTORNEYS AT LAW
WATER VIEW OFFICE TOWER, SUITE 303
s 1200 YANKEE DOODLE ROAD
EAGAN. MINNESOTA 55123
r
PAUL H. HAUGE -
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN I
DEBRA E. SCHMIDT
November''4, 1986
Mr. Thomas Hedges
Eagan City Administrator
3830 Pilot Knob Road
Eagan, MN 55121
RE: Cable Televising of City Council Meetings
Dear Tom:
A. ISSUE
AREA CODE 612
TELEPHONE 456-9000
454-4224
At the City Council meeting on October 21, 1986, the issue arose regarding
televising of City Council meetings. Bob Cooper has televised both the
October 7 and October 21 meetings and there were questions that have arisen
regarding future playbackby the Burnsville/Eagan cable public access network,
whether live or later playback.
B. QUESTIONS
Some of the issues that have arisen include the following:
1. Is the official videotape of a public meeting considered a public record.
2. How long should tapes be kept by the City.
3. What impact will the taping of City Council meetings have on City Council
minutes.
C. DISCUSSION
1. The question as to public record includes whether the official -written
minutes or the taped cassette is equally important. Obviously, the public
would be able to tape the.council meetings on their own video recorders
with or without permission.
2. There is the issue of the cassettes being brought in as evidence in Court
and if the accuracy can be determined, presumably any evidentiary
objections can be overcome. There is very little technical background on
this issue but we are reviewing it in more detail.
/17,--
1
Mr. Thomas Hedges
November 4, 1984
Page 2
3. The purpose of the televising is' for publicinterest and information by
the cable television customers within the,franchi-se area, and the tape
recordings are not intended to be an official.transcript or record of City
Council proceedings.
D. CONCLUSIONS
1. We have not been able to check deeply into the law on the issues at this
time.
2. It would appear appropriate that a statement be submitted into the record,
on the oral taped cassette, over cable television, and in the official
minutes, generally as follows:
"Eagan City Council position on cable televised City Council meeting
video cassettes." The Eagan City Council has authorized Group W, the
franchisee of the Burnsville/Eagan Cable Television System, to begin
taping part or all of the regular Eagan City Council meetings.
Equipment owned by Group W is being used to.tape the meetings, as
well as certain equipment that was purchased and installed by the
City of Eagan. Volunteers are accomplishing the taped proceedings
and it is anticipated that the tapes will be used for future public
review on the Burnsville/Eagan Cable System.
The Eagan City Council does not intend to use the taped cassettes for
official City business purposes and the City Council does not give its
consent to the use of such proceedings by the generalcable television
audience. Permission to use the televised cable tapes and recordings may
be given only by the City of Eagan by submitting a request to the Eagan
City Hall at 3830 Pilot Knob Road, Eagan, MN 55121, Tel. X6454-8100
3. We would suggest the cassettes be kept in the City records for about one
year but this policy could be reviewed from time to time.
PHH:sas
cc: Bob Cooper
Ralph Campbell
//3
Very truly yours,
(;a
l H. Hauge
.,_ .0,d, , ,,-
1986 - 1987
Snow and Ice Control
MAINLINE PLOW ROUTES:
For the '86 - '87 snow season there will be a total of
8•plow routes. Route 0 8, which is -located in the southwest
area of Eagan and the furthest route from our temporary street
maintenance facility on 2815 Dodd Road, will be contracted 1
at an hourly rate. This route will be plowed using a motor
grader with operator.
The other 7 routes will be plowed using Street Department
personnel and equipment which consists of (1) one tandem dump
truck with wing and sander, 4 single axle dump trucks with
wings and sanders, one (1) single axle with underbody plow
and sander, and one (1) motor grader.
Most of the plow routes contain between 17 and 20 centerline
miles of streets except for route A 4 (approximately 13.5 miles)
which has been assigned to vehicle 1 116 (single axle dump
truck with no wing plow).
Depending on weather conditions, we are anticipating
a starting time for mainline routes at 3:00 A.M. or 4:00
A.M. with Cul -De -Sac routes beginning One (1) hour later to .
eliminate Cul -De -Sacs being plowed before the mainline trucks
arrive. -
During our plowing operation we will assign Joel Fleck
with Unit A 114 (1 ton with sander) as a floating sanding
truck to be utilized in mainline route D 6 and 4 8 and other
priority areas as needed. This should eliminate the need
to remove a mainline truck from the progression of his.route
in some instances.
We have installed a 110 gallon diesel tank with pump.
on Unit # 104 ('82 Chevrolet Pick.Up) for refueling of equipment
when necessary.'
SANDING ROUTES:
Our.sand/salt storage will be located at 2815 Dodd .Road.
All mainline -route drivers will have the responsibility
for sanding their respective routes when we are performing
a sanding/salting operation. -Wayne Beckman will be responsible
for sanding route 8 (contract route) with Unit U 118 0 ton
with sander). Kurt Schlegel (Unit 6 116) will assist Wayne
with route 8, usually maintaining the area west of 35E.
Route 6 (motor grader) will be sanded by John Kreager
using Unit 6 128 0 ton with sander).
CUL DE SAC ROUTES:
1
For .1986 - 1987 we will have a toGal.of 7 Cul -De -Sac
routes. Route n 7 will be contracted on`in hourly rate using
a loader with operator.
The other 6 Cul -De -Sac routes will be plowed using Street,
Utility and Park Department personnel and equipment which
includes 1 loader and 5 - 1 ton trucks. j
The number of Cul -De -Sacs on each route ranges from 40
Eo 47.
Cul -De -Sac routes d2, 3, 5, and 6 will originate at 2815 Dodd
koad and drivers on these routes will report there. Route
0 1 (Unit 4 206) can start from the Water Treatment Plant
where it will be stationed. Route 0 4 (Unit 0 314) can begin
his route from the Wichester Building on Seneca where the
Parks Department vehicles are located.
We have pea gravel available that could be loaded on
the Parks or Utility Department vehicles for sanding if needed.
Because pea gravel will not freeze in the box like sand, we
would not mix salt with it therefore preventing corrosion
of the equipment.
All drivers will be given progression maps.and lists
of their routes plus a map showing the other route areas.
3830 Pilot Knob Road
Eagan, Minnesota 66123
1
police department
. AY N. 6ERTNa
. QV Y,OId
PATRICK I GEAGAN
o■ eager � KENNETH a. AalWNN
W A R N I N G
YOUR VEHICLE IS IN VIOLATION
Effective November 15th until April 15th, Eagan City
Code, entitled "Snow Emergency" is amended as follows:
On odd -numbered days, parking shall be permitted only on that
side of the street with odd -numbered addresses for a period of
twelve (12) hours beginning at 6:00 A.M. and continuing until
6:00 P.M.
On even -numbered days, parking shall be permitted only on that
side of the street with even -numbered addresses for a period of
twelve (12) hours beginning at 6:00 A.M. and continuing until
6:00 P.M.
Parking is permitted on either side of the street from 6:00 P.M.
to 6:00 A.M. unless otherwise posted.
THIS IS TO WARN YOU THAT VEHICLES PARKED IN VIOLATION OF THE
ABOVE WILL BE TAGGED AND/OR TOWED.
Thank you for your coop ion.
7
J M. Berthe
C i f of Police
Ci y of Eagan
//�
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
G
EA GAN
a Current newspaper
SECTION A Monday, Nov. 5, 1984 Vol. 5, No. 45
Bringing you the news of the people, the neighborhoods and business o1 Eagan -
P rkana
signs
Pcs ted
by Tim O'Donnell
The signs of winter are
popping up all over Eagan.
No, they're not flooding
skating rinks. No, snow
throwers are still in their
starting gates.
The signs are real — metal
and painted black and red —
and they explain where you
can and cannotpark yourcar
this winter.
The winter parking regula-
tions are in effect from 6 a.m.
to 6 p.m. each day from Nov.
15 to April 15.
During those times, you
can park on . the odd.
numbered side of the street
on an odd -numbered calen-
darday. And you can park on
an even -numbered side of the
street on an even -numbered
calendar day.
Let's say you live at 621
Signs outlining Eagan's winter parking ordinance are
,posted throughout the city.
Eagan Ave. When the winter
even day and even side.
parking regulations begin
The reason for the parking
Nov. 15, don't worry, you can
ordinance is that it will help
still park in front of your
house. But leave a little room
make for easier snow
for the neighbor across the
removal.
And if you ignore the park -
street in house. No. 624
ing regulations? Well, they
because he'll have to park on
contain a paragraph that
your side of the street..
says the city may impound
p
The next da Nov. 16,
y.
and remove your car.
you'll both have to park in
Happy winter!
front of 624 Eagan Ave. —
Because of the General Election on Tuesday, November 4, the City Council
meeting will be held Thursday, November 6.
AGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
CITY HALL
THURSDAY, NOVEMBER 6, 1986 j
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE
II. 6:35 - ADOPT AGENDA 6 APPROVAL OF MINUTES
P. I III. 6:40 - PROCLAMATION, COMMUNITY EDUCATION DAY
IV. 6:45 - DEPARTMENT READ BUSINESS
I .,3 A. Parks and Recreation Department
1. Parks Dedication Policy
B. Public Works Department
1. Consider Petition to Remove Stop Sign - Denmark Avenue at
Denmark Court
P,\r1 2. Consider Termination of Road Access Easement - Safari Reservoir
�,a,a3. Approve Specifications/Authorize Advertisement for Bids (Road
Grader)
T,a_3 4. Approve Resolution Requesting I -35E Access Ramp
v. 6:55 - CONSENT AGENDA
�a'l A. Contractor Licenses
P. a9 B. Personnel Items
P.!i2C. Approve Joint Powers Agreement, Inver Grove Heights Snow Removal
(Bur Oak Hills Addition)
q 33D. Fire Department Request for Use of Star City Logo
\ 54 E. Project 482, Receive Feasibility Report/Order Public Hearing (Nancy
T. Circle)
35F. Project 483, Receive Feasibility Report/Order Public Hearing
\ (Splashland)
3+G. Terminate Agreement with Dakota County Soil and Water Conservation
Q District, Wetland Inventory
'51H. Approve Final Plat, Wilderness Ponds Addition
�3qI• Project 487, Authorize Feasibility Report (Braun Court)
Project 488, Receive Petition/Order Feasibility Report (Blackhawk
Road - Streets and Storm -Sewer)
VI. 7:00 - PUBLIC HEARINGS
Q a0 A. Final Assessment Hearing for Project 419, Slaters Acres
VII. OLD BUSINESS
VIII. NEW BUSINESS
ci 3 A. Resolution Authorizing Amendments to $12,580,000 Multifamily
Rental Housing Revenue Bonds (Royal Oak Circle Project)
B. Off -Sale Liquor License in Town Centre 70 for Big Top Wines &
Spirits (Sidco, Inc.)
p S ( C. Consideration of Revocation of Final Plat Approval (Fairway Hills
1st Addition) +,
I%. ADDITIONAL ITEMS
A. Public Improvement Contracts
F. S5 1. Contract 86-20, Consideration of Awarding Contract (Windtree
1 7th Addition)
5 t 2. Contract 86-27, Approve Plans/Order Advertisement for Bids
(Wilderness Ponds Truck Storm Sewer)
3. Contract 85-8, Final Payment/Acceptance (Town Centre 70 & 100 -
11 Streets & Utilities)
574. Contract 85-9, Final Payment/Acceptance (Town Centre 70 & Birch
Park - Streets)
p S15. Contract 85-16, Final Payment/Acceptance (Eagan Wood Office
1 Park, Safari 2nd)
r� 6. Contract 85-27, Final. Payment /Acceptance (Eagandale Court -
1 Streets & Utilities)
5�1 B. Discussion of Enforcement of Section of City Code Dealing With
Large Vehicles
C. Private Improvement Contracts
�2 1. Contract 84-G, Final Acceptance (Lexington Place 1st Streets)
P2. Contract 84-P, Final Acceptance (Lexington Place 2nd - Streets)
n.(0'5
1 D. O'Neil vs. City of Eagan Lawsuit Update
(�4 E: Corrective Strategies for Part 150
P Gg F. Utility Billing of Rental Units
X. VISITORS TO BE BEARD (for those persons not on the agenda)
IS. ADJOURNMENT
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM': CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 31, 1986
SUBJECT: AGENDA INFORMATION
After approval is given to the November 6; 1986, agenda, regular
City Council meeting minutes for the October 21 meeting and
minutes for special meetings held on October 14 and 27, the
following items are in order for consideration.
The City has received a request from the Community Education
Advisory Commission of Independent School District #191 for
November 18, 1986, to, be proclaimed as Community Education Day
within the community. The proclamation calls upon the people
of our community to recognize and to participate in this observance.
A copy of the proclamation is enclosed on page
ACTION TO BE CONSIDERED ON THIS, ITEM. To proclaim November 18,
19186, as Community Education Day in the City of Eagan.
I
YWZr��: The State of Minnesota has been a leader in the Community Education
movement since the 1969 Conference on the Lighted School House; and
BIW �ergag: Local School Boards, citizen advisory councils and local governments
throughout Minnesota have supported Community Education concepts; and
• YW�r��: Community Education efforts enhance the effectiveness of local resources:in
meeting local needs; and
bereaa: Community Education provides opportunities for life-long learning to
people of all ages, from all walks of life; and
CNV b3MVIO: Community Education is an integral part of the total educational effort of the
community providing the right to education to every citizen in the state; and
ilW DIZVVI$: Tuesday, November 18, 1986, has been declared National Community
Education Day and incorporated as part of American Education Week;
�Plobu, $J�r�ior�: As mayor of this city, I proclaim November 18, 1986, to be
And I call upon the people of our community to recognize and to participate in this observance.
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Two
A. PARKS AND RECREATION DEPARTMENT
After a third revision of the Parks Dedication Policy the Parks
and Recreation Advisory Commission is recommending the policy to
the City Council for review and adoption. Th.is policy is
entitled "Policy Adopting Standards and Guidelines for
Determining that Portion of Land Being Platted, Subdivided or
Divided Which is to be Conveyed or Dedicated to the Public for
Park or Recreation Purposes or with Respect to Which Cash is to
be Contr..i;but.ed to the City in Lieu of Such Conveyance or
Dedication." It is anticipated that implementation would occur
on January 1, 1987. The Director of Parks and Recreation will be
present to review the policy and answer any questions the City
Council might have. Since the Parks and Recreation Advisory
Commission is meeting in the lunchroom at the same time the City
Council is in session, it would be possible to have Ken reappear
later in the meeting for further discussion if there are
questions and input desired by the City Council,.
For a copy of the Park Dedication Policy, refer to pages
through 9 .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
Parks Dedication Policy for amendment to the City Code as
presented or revised.
Fi
CITY OF EAGAN
PARK DEDICATION POLICY
POLICY ADOPTING STANDARDS AND GUIDELINES FOR DETERMINING THAT
PORTION OF LAND BEING PLATTED, SUBDIVIDED OR DEVELOPEDWHICH
IS TO BE CONVEYED OR DEDICATED TO THE PUBLIC FOR PARK OR
RECREATION PURPOSES OR WITH RESPECT TO WHICH CASH IS TO BE
CONTRIBUTED TO THE CITY IN LIEU OF SUCH CONVEYANCE OR
DEDICATION, ALL AS PROVIDED BY SECTION OF THE
CITY CODE.
1. PURPOSE:
The City Council recognizes it is essential to the, health, safety and
welfare of the residents of Eagan and persons working in Eagan, that the
character and quality of the environment be considered to be of major
importance in the planning and development of the City. In this regard,
the manner in which land is developed and used is of high priority. The
preservation of land for park, playground and public open space purposes
• as 1`t relates to the use and development of land for residential,
commercial/industrial purposes is essential to the maintaining of a
healthful and desirable environment for all citizens of the City. The
City must not only provide these necessary amenities for our citizens
today, but also be insightful to the needs of our future citizens.
It is recognized by the City Council that the demand for park, playground
and public open space within a municipality is directly related to the
density and intensity of development permitted and allowed within any
given area. Urban type developments mean greater numbers of people and
higher demands for park, playground and public open space. To disregard
this principle is to inevitably over -tax existing facilities and thus,
diminish the quality of the environment for all.
The City's Park Systems Plan ,Study has established minimum community
criteria for meeting the needs of the residents of Eagan. In order to
• meet the community needs for parks and open space, 15 acres of park shall
be required for each 1,000 residents, of which 12 acres shall be
designated as neighborhood parks.
This shall be the standard upon which the City shall establish its
parkland and parks cash dedication.
It is the policy of Eagan that the following standards and guidelines for
the dedication of land for park, playground, and public open space
purposes. (or cash contributions in lieu of such dedication) in the
subdividing and developing of land within the City shall be directly
related to the density and intensity of each subdivision and development.
2. RESIDENTIAL PARKLAND DEDICATION
The amount of land to be dedicated by a developer shall be based on the
gross area of the proposed subdivision, proposed type of dwelling unit and
density. Census data for 1985 of 3.5 residents for single family, 2.8 for
duplex, 2.1 for townhouse/quad. and 1.9 for apartments has been used as
density standards for formulating calculations in meeting the criteria of
park needs of Eagan residents.
a
The formula for land dedication:
The greater of 1) proposed units per acre or 2) zoned density.
DWELLING UNITS
0 -
1.9
units
per
acre
1.9 -
3.5
units
per
acre
3,5 -
5.9
units
per
acre
6 -
10
units
per
acre
10 +
units
per
acre
LAND TO BE DEDICATED
8%
10%
12%
14%
Add .5% -for each unit
over 10
3. STANDARDS FOR ACCEPTING DEDICATION OF LAND FOR PUBLIC PARK PURPOSES
A. Land proposed to be dedicated for public purposes shall meet
identified needs of the City as contained in the Park Systems Plan,
Comprehensive Guide Plan and Trails Plan.
B. Prior to dedication for public purpose, the subdivider shall deliver
to the City Attorney, an abstract of title or registered, property
abstract for such dedication. Such title shall vest in the City good
and marketable title, free and clear of any mortgages, liens,
encumbrances, assessments and taxes. The conveyance documents shall
be in such form acceptable to the City.
C. The required dedication and/or payment of fees -in -lieu of land
dedication shall be made at time of final plat approval.
D. The removal of trees, topsoil, storage of construction equipment,
burying of construction debris, or stockpiling of surplus soil is
strictly forbidden without the written approval of the Director of
Parks & Recreation.
E. Grading and utlity plans, which may affect or impact the proposed park
dedication, shall be reviewed and approved by the Parks and Recreation •
Director prior to dedication, or at such time as is reasonably
determined.
F. To be eligible for park dedication credit, land dedicated is to be
located outside of drainways, flood plains or ponding areas after the
site has been developed. Grades exceeding 12% or are unsuitable for
parks;de,yelopment shall be considered for partial dedication.
Where ponding has been determined to have a park function, credit will
be given at a rate of 50% of the pond and adjoining land area below
the high water level; a minimum of 70% of land above the high water
mark shall be dedicated before pond credit is granted. Other City
park dedication policies relating to pond dedication must also be
complied with.
In those cases where subdividers and developers of land provide
significant amenities such as, but not limited to swimming pools,
tennis courts, .handball courts, ball fields, etc. within the
development for the benefit of those residing or working therein, and
where, in the judgment of the Director of Parks & Recreation, such
amenities significantly reduce the demands for public recreational
facilities to serve the development, the Director may recommend to the
Advisory Parks and Recreation Commision that the amount of land to be
dedicated for park, playground and public open space (or cash
contributions in lieu of such dedication) be reduced by an amount not
to exceed 25% of the amount calculated under paragraph 2'above.
G. The City, upon review, may determine that the developer shall create
and maintain some form of on-site recreation use by the site residents
such as tot lots and open play space. This requirement may be in
addition to the land or cash dedication requirement.
4. CASH DEDICATION
If, at the option of the City, it is determined that a cash dedication
shall be made, said cash shall be placed in a special fund for Parks &
Recreation use and deposited by the developer with the City prior to final'
plat approval.
The City' Council, upon review and recommendation of the Advisory Parks &
Recreation Commission, shall, annually determine by resolution the park
cash dedication fee per residential unit. Said fee shall be determined
by the average market value of undeveloped residential property by zoning
classification, served by major City utilities, divided by the number of
units per [acre, which shall provide the equivalency of twelve acres per
thousand' population.
Said cash idedication, effective January 1, 1987 shall be:
HOUSING TYPE AVERAGE MARKET VALDE UNITS PER,100 POP. CASH EQ.
PER RES.
UNIT.
Single family $11,000 per acre 28
$471.00
Duplex 13,000 per acre, 35 445.00
Townhouse/quad. 15,000 per acre 47 382.00
Apts/multiple 17,000 per acre 52 392.00
Cash dedication shall be determined/computed at the rate in effect at the
time of final plat.
5. INDUSTRIALLCOMMERCIAL DEDICATION REQUIREMENTS
Subdividers and developers of commercial/industrial land, including
commercial /industrial portions of Planned Developments, shall be required
at the time the site plan is approved and building permits are issued to
dedicate to the City for park, playground, and public open space purposes,
an amount of land up to 7.5% of the net land area within the development
as determined by the City.
In those cases where the City does not require park or open space within
such developments, the City shall require payment of fees in lieu of such
O
land dedication in an amount equal to $.044 per square foot of net land
area, or such amount as determined by the City Council. Cash shall be
contributed at the time of approval of each final plat or at the time of
site plan or building permit approval as determined by the City. The fee
dedication requirement for all commercial/industrial plats which have
received site plan approval prior to January 1, 1983, but have not been
issued building permit approval, the City shall be in an amount equal to
$.02 per sq. ft. of net land which shall be contributed at the time of
building permit approval.
A credit of up to 25% of the required dedication may be allowed by the
City Council for on-site storm sewer, water, ponding and settling basins
provided that such improvements benefit identifiable park and recreation
water resources.
The City Council, upon review and recommendation of the Advisory Parks &
Recreation Commission, may annually review and determine by resolution an
adjustment to the industrial/commercial fee based upon the City's estimate
of the average value of undeveloped commercial/industrial land in the
City.
6. REQUIRED IMPROVEMENTS
Developers shall be responsible for making certain improvements to their
developments for park, playground and public open space purposes as
follows:
A. Provide finished grading and ground cover for all park, playground,
trail and public open spaces within their development as part of
their development contract or site plan approval responsibilities.
Landscape screening, shall be in.accordance with City Policy.
B. Complete, construct and pave all trails identified in the City's
Trail Corridor Plan concurrently with the roads in their developments
(i.e., grading with site grading and paving with street or parking
lot paving.) No park dedication credit will be given for connecting
these trails to existing or proposed trails identified in the City's •
Trail Corridor Plan.
C. Complete, construct, and pave trails which may be required, as a
trail link connector between existing trails as identified in the
City's Trail Corridor Plan. Such trails may be with residential
street right-of-ways. No park dedication credit will be given for
these connecting links.
D. Establish park boundary corners for the purpose of erecting park
limit signs. The developer shall contact the appropriate Parks &
Recreation Department personnel for the purpose of identifying park
property corners.
E. Provide sufficient public road access of no less than 300 ft for
neighborhood parks, and additional frontage for community parks.
7. AUTHORITY
The State of Minnesota has recognized the importance of providing for
parks and open -space in M.S.A. 462.358, subdivision 2 (b) which clearly
4
gives the right to Cities in it's subdivisions regulations to require
reasonable portions for public use. The City of Eagan has, by this
dedication policy, chosen to excercise this right in establishing minimum
requirements for meeting the public needs.
•
•
Agenda Information Memo„
November 6, 1986, City Council Meeting
Page Three
B. PUBLIC WORKS DEPARTMENT
1. Petition to Remove Stop Sign - Denmark Avenue at Denmark
Court --At the August 27, 1981 Council meeting, the Council
received a petition from 38 individuals representing 26
properties within the Pilot Knob Heights 4th Addition adjacent to
Denmark Avenue requesting the installation of stop signs on
® Denmark Avenue at its intersection with Denmark Court. In
response to the petition, the Council authorized the installation
of the requested stop sign.
On October 15, 198,6, the ity received the petition enclosed on
pages - through of 32 individuals 'representing 23
properties requesting the removal of this stop sign.
In response to this request for removal, 70 individuals
representing 47 properties have submitted a petition reaffirming
their previous support for this stop sign to remain as it
presently exists.
Denmark Avenue is classified as a neighborhood collector with an
existing MnDOT authorized speed limit of 30 mph from Wescott Road'
to Duckwood Drive. It is a 44' wide urban roadway within a 60'
• right of way with no off street trailway or trailway or sidewalk.
There are numerous individual direct driveway accesses onto this
segment of Denmark Avenue.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petitions
both for and against the removal of the existing stop sign on
Denmark Avenue and Denmark Court and reaffirm or order the
removal of the existing stop signs.
N
134'5 L'eerwood Drive
Hagan, b9innesota 55123
OctoLer 14, 1985
City Council of Eagan
LaeOn City llall
!'lagan, Iiinnesota
To the Council.
Enclosed is a petition, with 3�-signatures , which I
ash that the Council act on. The petition is as follows:
"Tris is a Petition to have north and south stop k-irns
removed from Denmark Avenue at Denmark Court in Lagan.
.e contend Denmark Avenue is a through street and should
not be encumbered by superfluous stop sighs impedin
the smooth flog of traffic. They also cause unnecessary
pollution and vicar on cars,"
I would further like -to state that there are already
two other stop signs on Denmark Avenue at Duckwood and hescott.
Also this part of Denmark is zoned at 30 miles per I -,our,
.,ome -residents living .in tl�is area are concerned about
speedin-. So I would suggest the police monitor the area.and
possibly put up "Caution, Child -en" and "Radar Zone" signs,
• Thank you,
Th ret
Sncl. retition, }mo pages
Very truly your,
Partin RodicP
/0
par;c 1
: cpLvll,iiCL•
Tris is a etition to have north and south stop siDr,s
remo seri frons 3611111a'rk enu.ue at Decaulrk Court in ELL -all. "Ie Cou-
i;eud. :)ennULrk Avenue is a th!:OLi, hl sheet and should not be en-
cu:n'rcrc-:d by superfluous stop :inn_; impudiu g tha smooLh flow Of
is ie, i'f ic. 'ihey also cause unrecessaay pollution and 'wear ou cure.,
A,
l7,
/_'/7 Cr'f� /�✓
cc-cy�r�n—
G�4'f
E
September 29, 1980'
This is a Petition to have riorth and south stop signs removed
from Denmark Avenue at Denmark Court in Eagan, 6le contend Denmark
Avenue is a through street and should not be encumbered by
superfluous stop signs impeding the smooth flow of traffic. They
also cause unnecessary pollution and wear on cars.
Address,
Ade
36S
1365 --
NIe��Iz �N. Gk yaw
3 ys
14
FOR CITY USE ONLY
Date Received/()
To Council
Approved
PETITION
STOP SIG]
IAM, the undersigned hereby petition the City Council of the City of Eagan to
th
retainins=lk stop signs on DENMARK AVENUE_
at the intersection wiDENMARK COURT
retention
I/we, request this ZDLW-V&g2(%bM for the following reasons:
1. Denmark AV was designed as a residential street (60' R.O,W,)
and not as a through street to a major shopping area, Denmark AV
does not have sidewalks so pedestrians must walk in the road,
z Denmark AV has been greatly impacted by the newly created Fish Lak,
Park (1985) with a public access a future playground equipment proposed,
Fish Lake Park is 150' from the existing stop sign & serves as a means
to cross safely to the park,
3• Vehicles traveling in a. -.north or south direction should be
encouraged to utilize Pilot Knob Rd or Lexington AV for safer and faster
travel.
4. The signatures on this petition reflect the concerns of many
residents in the immediate area of the stop sign,' The sign in question
was approved by The City Council in 1981 because of increased traffic
in the area. This fact still remains today considering the new development
to, the north This
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• CIyA�GE,S T.
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NAME(PLEASE PRINT AND INITIAL) ADDRESS
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NAME(PLEASE PRINT AND INITIAL)
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Agenda Information Memo,
November 6, 19.86, City Council Meeting
Page Four
2. Consideration of Termination of Road Access Easement - Safari
Reservoir --In March 1985, the City Council approved an "access
agreement" to allow the property owner use of the City's Safari
Reservoir access road to obtain access to their property in Apple
Valley adjacent to the reservoir site. Recently, this property
has been platted and is undergoing single family development.
The current owner of the property has requested the City to
•terminate this previous access agreement to clear title to the
property.
In researching our files, it has been discovered that the City
has never been reimbursed for the City Attorney's time spent in
drafting and recording the original access agreement.
With the recent change in ownership of the property, the new
owner does not feel responsible for the previous owner's'
liabilities. Enclosed on page is the letter sent to the
current owner informing him of the conditions that must be
fulfilled before the City would consider terminating the previous
access agreement. Enclosed on page L1_ is a request by this
current property owner to discuss the staff's requirement with
the Council. It is anticipated that the petitioner will be
available to further discuss his position regarding liability
•for this unpaid balance and the City's termination of the access
agreement at the November 6 meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the
termination of the road access agreement (Safari Reservoir) with
conditions that are appropriate.
/9
rya �
IUiI .,
3830 PILOT KNOBROAD, P.O. BOX 21199
EAGAN, MINNESOTA 55121
PHONE: (612) 4548100
October 17, 1986
MR VERN SCHWARTZ
14629 HAMPSHIRE PLACE
BURNSVILLE MN 55337
RE: SAFARI RESERVOIR - ROAD ACCESS AGREEMENT
Dear Mr. Schwartz:
BEA BLOMQUIST
Mayor
THOMAS EGAN
JAMES A SMITH
%AC'.ELIISON
THEODORE WACHTER
CO 11 Members
THOMAS HEDGES
City Atlminuuola
EUGENE VAN.OVERBEKE
City Cleik
I have reviewed your request to vacate and terminate the previous
road access agreement, dated March 5, 1985, and recorded April
10, 1985, as Document #683933.
Our City Attorney has prepared the appropriate "Termination
of Access Agreement" that must be signed by all identified property
owners before the City will consider formal approval. IAlso,
it has been discovered that Mr. Ray Hermanson, who initiated
the original agreement, has not paid the legal fees associated
with the original document.
Therefore, _before the City will process the Termination Agreement
for Council approval, it must be returned with a check made
out to the firm of Hauge, Eide & Keller,. P.A., the City Attorney.
Also, please insure that three fully executed and notarized
copies of the termination agreement are returned to my attention
for processing.
Upon receipt of the Agreement and verification of payment, I
will process this on the next; available Council meeting for
formal consideration, approval and subsequent recording. If
you have any questions regarding this procedure, please feel
free to contact me.
homa�Sincere ,
lbert, .-
Director of Public Works
TAC/jj
cc: Paul Hauge, City Attorney
Enclosure.
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
October 23,- 1986
Tom Colbert
City of Fagan
3830 Pilot Knob Road
P.O. Rox 21199
Eagan, MN 55121
Dear Mr. Colbert:
I would like to request some time to appear at the
next councel meeting on Tuesday, November 4, in
regard to termination of Road Access Agreement. •
Thank you.
Yours truly,.
Vernon Schwartz
14629 uampshire Place
Burnsville., MN 55337
435-3595
7/
•
Agenda Information Memo,
November 6, 1986„ City Council Meeting
Page Five
3. Approve Specifications/Authorize Advertisement for Bids (Road
Grader) --As a part of the proposed 1987 budget, the Council has
approved the replacement of our previous John Deere road grader
(vehicle no. 127) which was sold on the 5 year guarantee buy back
contract in July 1986.
Specifications have been prepared for manufacture of the new road
• grader or the acquisition of a new "used" grader that meets our
specifications. If a new road grader is to be manufactured,
there is an approximate 4-6 month lead time. If the City is able
to acquire a new "used" unit at a cost savings discount, it
should act prior these vehicles being leased out by the larger
communities for their snow removal operations of 1986-87.
In either event, payment would not be made until 1987 when the
formal budget had been adopted. Therefore,, the staff is
requesting Council consideration to authorize the advertisement
for the bids to determine whether a new "used" vehicle could be
acquired yet this year to be placed in our winter snow removal
operations (with payment in 1987) or the order of a new
manufactured grader to be delivered in late spring of 19'87
(payment upon delivery).
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the
• speer-ifications and authorize the advertisement for bids for the
acquisition of ,a new road grader.
-7,v
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Six
4. Approve Resolution Requesting I -3'5E Access Ramp --At the
October 21 meeting, the Council renewed discussion regarding
their previous concerns over the design of the interchange of I -
35E with Yankee Doodle.Road and the lack of a direct nor hbound
access ramp from Yankee Doodle Road. Enclosed on pageis a
letter sent to MnDOT earlier this year requesting information
regarding background to the existing design interchange.
Enclosed on page Z5 is their March 7 response indicating the ®.
design was based on assumptions that major traffic volumes would
be coming from the west (Sperry, Blue Cross, Yankee Square, etc.)
allowing a direct northbound'access through the existing loop
interchange without a crossover movement on Yankee Doodle Road
required by a typical "diamond" interchange.
With the recent development of the Town Centre 70 and 100, Forest
Ridge and other additions to the east along with the potential
development of the O'Neil property, it is quest-ionable whether
the major traffic volumes will continue to be from the west.
Therefore, enclosed on page 16 is a resolution that staff has
prepared for Council's consideration in requesting MnDOT to
perform additional existing and future traffic volume projections
to verify where the predominant generation and distribution
traffic movements will be at this interchange. •
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the resolution
requesting MnDOT to perform additional traffic study supporting a
northbound access ramp for I -35E from Yankee Doodle. Road and
authorize the Mayor and City Clerk to execute all related
documents.
23
lwMET,
cjtgoFeaq�l
3830 PILOT KNOB ROAD. P0. BOX 21199
BEA BLOMQUIST
EAGAN, MINNESOTA 55121
Il
PHONE: (612) 4548100 _
THOMAS EGAN
JAMES A SMITH
VIC ELLISON
THEODORE,WACHTER
February 18, 1986
CWM11110.001
THOMAS HEDGES
Cr" Ao nw.e,
EUGENE VAN OVERBEKE
Cil Clerk
MR KERMIT MCCRAE
DISTRICT ENGINEER
MNDOT DISTRICT 9
3485 HADLEY AVENUE NORTH
BOX 9050
• OAKDALE"MN 55109 -
Re: I -35E Access From Yankee Doodle Road (County Road 28)
Dear Kermit:
At the regular City Council meeting of February 4, 1986, the
Council expressed concern 'regarding the potential traffic
conflict associated with the left -turn movement of westbound
Yankee Doodle Road wanting to proceed northbound on I -35E. As a
result of these concerns, they directed me to contact your office
to get a response to the following questions:
1. Why wasn't a direct "diamond interchange" access ramp
provided for northbound I -35E from Yankee Doodle Road
instead of the existing "loop" in the southeast
® quadrant?
2. When does the state plan to install the traffic signal
on County Road 28 for the left -turn movement of
westbound Yankee Doodle Road onto northbound I -35E?
Your review and response to these questions will be appreciated
and forwarded to the Council for their information. If any
additional explanation is necessary to clarify the Council's
concerns, please contact me at your convenience.
S/iprerely, r Lay,
�CM" _ _
Thomas A. Colbert, P.
Director of Public Works
TAC/j j.
0
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
20
Minnesota
A a Department of Transportation
o� District 9
3485 Hadley Avenue North, Box 9050
OF TNP�yQ
North St. Paul, Minnesota 55109
Telephone 779-1178'
March 7, 1986
Mr. Thomas A. Colbert, P.E.
Director of Public _Works
City of Eagan
2830 Pilot Knob Road
P.O. Box 21199
Eagan, Minnesota 55122
Dear Mr. Colbert:
SUBJECT: C.S. 1982 (I -35E at Co.Rd. 28)
In response to your two questions in your February 28, 1986 letter, we
provide the following:
1. The traffic projectsthat the interchange was designed to accommodate
showed that the predominant movement was eastbound Yankee Doodle Road
to northbound I -35E. Therefore, the loop was provided to eliminate
the left turn conflict that would have resulted with a standard
diamond interchange ramp design.
2. A Contract to install traffic signals at this intersection has
already been let. Construction will begin this spring with the
traffic signals in operation in the late summer.
We trust this information answers the Council's questions.
Sincerely,
r
Q-1eRermit K. McRae, P.E.
District Engineer
Zir"
An lfyual Opponunin Employer
RESOLUTION
REQUEST FOR TRAFFIC ANALYSIS
I -35E AND YANKEE DOODLE ROAD INTERCHANGE
(NEW NORTHBOUND ACCESS RAMP)
WHEREAS,, MnDOT designed and constructed Interstate 35E through the
City of Eagan in 1980-85; and
WHEREAS, a direct interchange was provided with Yankee Doodle Road
(County Road 28) providing limited local access to this interstate; and,
WHEREAS, in determining the design of this interchange, MnDOT
traffic projections indicated the majority of trip generations and
distributions to be from the west to the north; and,
WHEREAS, these traffic projections were prepared prior to
development of major multiple, commercial and industrial properties to the
• east of this interchange; and,
WHEREAS, future growth projections in Eagan indicate a trend
towards major traffic generations from the east accessing to I -35E;
NOW, THEREFORE, HE IT RESOLVED that the City Council of Eagan,
Minnesota, Dakota County hereby request MnDOT to perform a formal traffic
generation and distribution study for this interchange to determine both
existing and future traffic volumes and.movements; and
BE IT FURTHER RESOLVED that, if these traffic studies indicate
predominant traffic generation and distribution to be from the east to
northbound I -35E that MnDOT initiate appropriate action to provide for a new
direct access ramp from Yankee Doodle (County Road 28) to, northbound I -35E
limiting the need for cross-over traffic movements at this interchange.
CITY OF EAGAN
® CITY COUNCIL
By:
Its
Motion made by:
Seconded by:
Those in favor:
Those against:
Dated:
Attest:
Its Clerk
CERTIFICATION
I, E.J. VanOverbeke, Clerk of the City of Eagan, Dakota County,
Minnesota, do hereby certify that the foregoing resolution was duly passed
and adopted by the City Council of the City of Eagan, Dakota County,
Minnesota, in a regular meeting thereof assembled this day of ,
1986.
E.J. VanOverbeke, City Clerk
City of Eagan
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Seven
There are ten (LO') items on the agenda referred to as Consent
Items requiring one (1) motion by the City Council. Lf 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 is a list of the
contractors who are renewing or who have been selected and
retained as the builder by a customer either living in or
planning to reside within the City of Eagan. These contractors
have references from other municipalities or their client permit
applications are awaiting City Council approval for a contractor
license.
•
ACTION TO BE CONSIDERED ON THIS ITEM:
licenses as presented,.,
Z
To approve the contractor
CONTRACTORS LICENSE
NOVEMBER 6, 1986
GENERAL CONTRACTOR
1. Rask Construction
2. Ratzlaff Construction Inc.
PLUMBERS
® 1. Alta, Ltd
2. Nordic Services Inc
3. South Minneapolis Plbg & Htg
•
Agenda Information Memo,.
November 6, 1986, City Council Meeting
Page Eight
PERSONNEL ITEMS
Item 1, Community Service Officer --Over 50 applications were
received for the vacant position of Community Service Officer in
the Eagan Police Department. From that number, approximately 25
candidates were interviewed. From those 25, 6 applicants were
given final background checks. It is the recommendation of Chief
of Police Berthe and Administrative C'apta•in Geag;an that Brian
Gunderson be hired to fill the vacant CSO position. Mr.
Gunderson meets all the qualifications for this position. In
addition, he has approximately 5 years of street experience as a
certified police officer in North Dakota.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the hiring of
Brian Gunderson as a Community Service Officer in the Eagan
Police Department.
Item 2, Clerk-Typist/Protective Inspections Department --The City
has received a letter of resignation from Cheryl Malmanger, the
current clerk -typist in the Protective Inspections Department.
Ms. Malmanger's last day of employment with the City will be
November 7, 1986.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation
of Cheryl Malmanger in the Protective Inspections Department and
• to authorize the advertisement for and filling of this clerk -
typist position.
Item 3, Engineering Intern/Parks Department --The City has been
notified, by Mr. Charles Folch, the Engineering Intern in the
Parks Department, that he will be resigning as of November 7,
1986 to accept a permanent position with Dakota County as a
traffic engineer.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation
of Charles Folch, the Engineering Intern in the Parks and
Recreation Department.
Item 4, Administrative Intern --The City has been notified by
Cheryl Johannes, the intern in Administration that she will be
resigning from the City to accept the Assistant to the City
Manager's position in the City of Shoreview. Ms. Johannes'
resignation is effective on November 7, 1986.,
ACTION TO BE CONSIDERED ON THIS MATTER: To accept the
resignation of Cheryl Johannes, the Administrative Intern.
A�
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Nine
Item 5, Resignation from Dale Peterson, Chief Building Official --
Dale Peterson, Chief Building Official has submitted his
resdg•nation effective December 31, 1986 to allow for an early
retirement-. A copy of Dale's letter is attached on page.
The City Administrator will be preparing a memo regarding Dale's
replacement for review and consideration at a future City Council
meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the resignation
and early retirement as requested by Dale Peterson, Chief
Building Official.
�d
MEMO TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: DALE PETERSON, CHIEF BUILDING OFFICIAL
DATE: OCTOBER 29, 1986
•
Dear Tom:
This tired Building Official has elected to take early retirement. My
resignation will be effective December 31, 1986.
Thank -you so much for your friendship and support during Eagan's formative
years. It was highly valued and greatly appreciated.
I also wish to express my heartfelt thanks to the Eagan City Council and City
employees for the assistance given me in the performance of my duties as Chief
Building Official.
I will assist in any way you wish in the transition to follow.
• Sincerely,
Chief Building Official
DP./ js
CC: Gene VanOverbeke - Finance Director
c:J
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Ten
APPROVE JOINT POWERS AGREEMENT
C. Approve Joint Powers Agreement, Inver Grove Heights Snow
Removal (Bur Oak Hills Addition) --With the eminent development of
the Bur Oak Hills First Phase Addition south of TH 55 and
adjacent to Inver Grove Heights, the only local street access
prior to full development completion will be via Inver Grove
Heights..
In order to provide efficient snow and ice removal operations to
these future Eagan residents, the Public Works Director has
prepared a Joint Powers Agreement with Inver Grove Heights for
that community to provide snow removal operations beginning
1987-88 (,subject to final plat approval) for the rate of
$40/hour.
This Joint Powers Agreement is similar to the one the City
entered into with Burnsville for providing snow removal
operations in River Hills 9th Addition until the Metcalf Drive
connection was completed allowing direct access from City
mai-ntenance vehicles..
Taking into consideration the hourly rate agreed to by Inver
Grove Heights, the Public Works Director strongly recommends
Council approval of this Joint Powers Agreement.
• ACTION TO BE CONSIDERED ON THIS ITEM: Approve Joint Powers
Agreement within Inver Grove Heights for snow removal services in
the future Bur Oak Hills Additions.
37�-
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Eleven
USE OF STAR CITY LOGO
D. Fire Department Request for Use of Star City Logo --The Eagan
Fine Department is coordinating this year's cover design for the
Eagan Volunteer Fir -;e Department's telephone directory and would
like to use the Star City photo logo.
The Minnesota Department of Energy and Economic Development has
provided Star City logos to be used at the discretion of local
communities in the promotion of their own and their department's
activities.
activities. The Council, therefore has full discretion to
approve or deny the use of this• logo for the Fire Department
directory.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve use of the
City's Star City photo logo for the cover of the 1987 Fire
Department telephone directory.
•
33
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Twelve
PROJECT 4'82', RECEIVE FEASIBILITY REPORT
E. Project 482, Receive Feasibility Report/Order Public Hearing
(Nancy Circle) --In response to a petition submitted by the
residents of Nancy Circle, the Council authorizes the Feasibility
Report to discuss the installation of street surfacing of this
short cal -de -sac within the Tousignant's 1st Addition.
The Feasibility Report has now been completed and is being
presented to the Council in consideration of scheduling a public
hearing to be held December 2, 1986.
ACTION TO BE. CONSIDERED ON THIS ITEM: Receive the Feasibility
Report for Project 482 (:Nancy Circle - Streets.) and order the
public hearing to be held December 2, 1986.
3 Z�
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Thirteen
PROJECT 483, RECEIVE FEASIBILITY REPORT
F. Project 483, Receive Feasibility Report/Order Public Hearing
(Splashland) - Trunk Water Main --In response to a petition
submitted by the developer of the proposed Splashland site,
Council authorized the preparation of the Feasibility Report
which has now been completed and is being presented to the
Council in consideration of scheduling the public hearing to
discuss the installation of trunk water main improvements
necessitated by this proposed development.
ACTION TO BE CONSIDERED ON THIS ITEM: Receive the Feasbi'lity
Report for Project 483 (Splashland —Trunk Waster Main) and
schedule the public hearing to be held December 2, 1986.
TERMINATE AGREEMENT - WETLAND INVENTORY
G. Terminate agreement with Dakota County Soil and Water
Conservation District - Wetland Inventory --At the October 21
meeting, the Council passed the resolution requesting the Gun
Club Lake Watershed Management Organization (WMO) to perform the
Wetland inventory portion of the City's Water Quality Management
Plan as a part of the WMO's Comprehensive Watershed Management
Plan. This request will be considered, by the WMO Board of
Directors at their meeting on November 3. If that request is
approved by the WMO, it would be appropriate for the City to
terminate its current contract with the Dakota County Soil and
Water Conservation District which was retained to perform the
Wetland inventory initially. A copy of the Termination is enclosed
on page.
The Director of Public Works will be able to provide a status
report at the November 6 Council meeting regarding the status of
the WMO Board's action regarding this item.
ACTION TO BE CONSIDERED ON THIS ITEM: Terminate the agreement
with Dakota County Soil and Water Conservation District for the
preparation of the Wetland inventory for the City of Eagan.
Ll
a.
•
0
TERMINATION OF AGREEMENT
On May 21, 1986 the City of Eagan and the Dakota County Soil
and Water Conservation District entered into an agreement,
for the preparation, of a Wetland Inventory.
Since that time, the Gun Club Watershed Management
Organization has requested that this Wetland Inventory be
expanded to include all land areas within the Gun Club Lake
Watershed. Instead of'duplicating work, the Gun Club Lake
Watershed Management Organization would like to assume the
contractural responsibilities of the City of Eagan with the
Dakota County Soil and Water Conservation District in
preparing the Wetland Inventory.
It is hereby agreed, that upon approval of a contract
between the Gun Club Lake Watershed Management Organization
and -the Dakota County Soil and Water Conservation District
for the preparation of a Wetland Inventory for the Gun Club
Lake Watershed Management Organization, the.agreement
between the City of Eagan and the Dakota County Soil and
Water Conservation District for preparation of a Wetland
Inventory shall become null and void.
IN WITNESS WHEREOF, the parties hereto, have caused this
Termination of Agreement to be duly executed.
CITY OF EAGAN
By
Bea Blomquist, Mayor
Date:
Attest:
Date:
36
DAKOTA COUNTY SWCD
By
Dwain N. Otte, Chairman
Date:
Attest:
Dorothy S. Waltz,
Secretary
Date:
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Fourteen
APPROVE FINAL PLAT, WILDERNESS PONDS ADDITION
H. Approve Final Plat, Wilderness Ponds Addition --We have
received an application for final plat approval for the
Wilderness Ponds Addition located between Wilderness Run 3rd
Addition an-Ches Mar 4th Addition as shown by the map enclosed
on page All conditions placed ,on the preliminary plat
approved by Council action on August 18, 1986 have been
-® satisfactorily complied with. All final plat application
materials have been submitted, reviewed by staff and found to be
in order for favorable Council action.
•
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat
of the Wilderness Ponds Addition and authorize the Mayor and City
Clerk to execute all related documents.
31
WILDERNESS PONDS
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Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Fifteen
AUTHORIZE FEASIBILITY REPORT, PROJECT 487
I. Project 487, Authorize Feasibility Report (Braun Court) --With
the pending improvement of Pilot Knob Road, the City has been
approached by Mr. Henry Braun requesting action by the City to
install a cul-de-sac street from Drexel Court towards Pilot Knob
Road to service both the Henry and Harvey Braun parcels and the
• property owned by Thomas E. Schultz which presently takes direct
driveway access from Pilot Knob Road. Because of the inter-
relationship of the parties involved, the staff cannot get a
formal petition to be submitted. However, it would be in the
property owner's and City's best interest to have the direct
driveway accesses eliminated with the Pilot Knob Road upgrading
and provided by an internal cul-de-sac accessing Drexel Court.
Therefore, the staff is requesting authorization to prepare a
feasibility report without a petition to be discussed formally at
a public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the preparation
of a feasibility report for Project 487 (Braun Court).
PROJECT 488, RECEIVE PETITION/ORDER FEASIBILITY REPORT
• J. Project 488, Receive Petition/Order Feasibility Report
(Blackhawk Road - Streets and Storm Sewer) --As a condition of the
final plat approval for the Blackhawk Plaza Addition, located in
the northeast corner of Diffley and Blackhawk Road, it was
required that the developers submit a petition regarding the
improvement of Blackhawk Road north of Diffley. This petition
has now been submitted along with the guarantee for all costs
incurred if for some reason the project is not approved at the
time of the public hearing. Therefore, it would be appropriate
to proceed with the preparation of the feasibility report and
subsequent public hearing regarding the completion of Blackhawk
Road to the community collector status from Diffley to Deerwood.
ACTION TO BE CONSIDERED ON THIS ITEM: Receive the petition for
Project 488 (Blackhawk Road - Streets and Storm Sewer) and
authorize the preparation of a feasibility report.
3�
Agenda Information Memo,
Memo,
November 6, 19'86, City Council Meeting
Page Sixteen
PROJECT 419, FINAL ASSESSMENT HEARING
A. Project 419, Final Assessment Hearing (Slaters Acres) --On
September 16, a public hearing was originally held to discuss the
final assessments associated with the installation of streets and
utilities generally servicing the Slater Acre and Northern Oaks
Addition. Due to the substantial cost over runs incurred in the
completion of this project, the Council proposed to reduce those
assessments by a total of $45,600 (approximately $2,250/lot).
However, there was several written objections that were submitted
which resulted in the Council approving the revised Final
Assessment Roll (with credits) subject to those objectioners
removing their written objections prior to October 7.
At the October 7 Council meeting, all but two of the property
owners had removed their written objections. However, Jim and
Barbara Schmitt indicated that the triangular unplatted parcel
south of Lot 8 under their ownership should not have been
included in the Final Assessment Roll calculations due to its
necessity of being combined with Lot. 8 to provide adequate land
area for the existing house.
Subsequent to this additional information, the Council directed
staff to revise the Final Assessment Roll, deleting this
unplatted triangular parcel (013-51) and to recalculate the
revised Final Assessment Roll accordingly and schedule a new
Final Assessment Hearing to be held on November 6.
Enclosed on page _4L is a summary of the final assessment rates
comparing them to the rates quoted in the Feasibility Report
presented at the original project public hearing on December 18,
1984. Although some lots may differ slightly, this revised
assessment roll results in an increase of approximately $355.50
per lot in the Slaters Acres addition due to the elimination of
Parcel 013-51.
All notices have been published in the legal newspaper and sent
to the affected property owners with the cover letter enclosed on
page?/_ explaining the details of this new revised new
assessor nt hearing on November 6. Public Works Director will be
available .to answer any questions or concerns that may rise
during this.hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public
hearing and approve/modify the Final Assessment Roll for Project
419 and if approved, authorize the certification to the County
for collection.
/n
FINAL ASSESSMENT HEARING
PROJECT NO: 419
SUBDIVISION/AREA: Slaters Acres (Revised Oct 7, 1986)
-a. t
FINAL ASSESSMEENT HEARING: November 4, 1986
IMPROVEMENTS INSTALLED AND/OR ASSESSED:
F. R. = Feasibility Report
FINAL F.R.
WATER RATES RATES SANITARY
Area
KXLaterals
Service
$ 19.62/F.F. $17.61/F.F.
$2,060.67/?.or $1 .850/I,ot
$ 698.50/Lot $ 889/Lot
$ 741 .fig/I.nr $ 980.ftot
❑ Lat. Benefit/Trunk
STORM
X7 Area
® Laterals
$ 0.045/S.F.. $0.045/S.F.
$245.20/Lot $ 837/1,ot
NUMBER OF PARCELS AFFECTED: 35
NUMBER OF YEARS ASSESSED: 15
U Area
r
FINAL F.R.
RATES RATES
$ 33.46/F.F. $33.76/F.F.
Laterals $4,097.07/I.or $4 1'17/i or
Service
Lat. Benefit/Trunk
STREETS
Gravel Base
® Surfacing
Res. Equiv.
RATE OF INTEREST: 9.0%
TOTAL AMOUNT ASSESSED:_ $295,422.26 (F.R. = $280,781)
CONSTRUCTED UNDER THE FOLLOWING CONTRACTS: 85-3
PUBLIC HEARING DATE: December 18, 1984
$5.787.20/Lor, $4.9827T.or
3830 PILOT KNOB ROAD, P.O. BOX 21199
EAGAN,MINNESOTA 55121
PHONE- (612) 454-8100
October 15, 1986
Re: _Project 419, Slaters Acres (Streets & Utilities)
Revised Final Assessment Roll
Dear Property Owner:
BEA BLOMQUIST
MQ r
THOMAS EGAN
JAMES A. SMITH
MC ELLISON
THEOD )RE WACHTER
Cour al Members
THON AS HEDGES
C'iH A Minwralor
EUGENE VAN OVERBEKE
Clry Cera
On September 16, the final assessment hearing was held for the installation of
streets and utilities under the above -referenced project. At that time, there
were several property owners who submitted written objections to the proposed
assessments that came in approximately 23% over tho estimate contained in the
feasibility report presented at the original public hearing held on December
18, 1984.
As a result of the recent final assessment hearing and related objections, the
Council reduced the total assessable costs of the project by $45,600,
resulting in revised assessments to all property owners to within +/-3% of the
original feasibility report estimate, subject to the retraction of those
written objections prior to reconsideration by the Council on October 7.
At the October 7 Council meeting, additional information was presented to the
City regarding assessments against the triangular shaped parcel 013-51 located
south of Lot 8, as shown by the enclosed map. Contrary to the City's
information indicating this is a separately owned and buildable parcel, it has
been discovered that this parcel had been combined with Lot 8 and should have
been considered as one lot for assessment purposes.
Subsequently, at the October 7 Council meeting, the Council vacated all
previous assessment rolls and directed staff to prepare a new revised final
assessment roll taking into consideration the elimination of Parcel 013-51 but
still applying the previously approved credits to the total assessable
costs. Per the Council's direction, this new revised final assessment roll
will be discussed at a new formal final assessment hearing at 7:00 p.m.,
Thursday, November 6, 1986, at the Eagan City Hall.
Enclosed please find the formal notice required for this new final assessment
hearing.
If you have any questions or concerns regarding this revised assessment roll,
please feel free to contact either myself or Ed Kirscht of our Engineering
Division.
Sincerely v cc: Deanna Kivi, Special Assessment Clerk
Ed Kirscht, Engineering Tech
horifas A. Colbert, P.E.
Director of Public Works Y
m THE LONPOAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Enclosure
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Seventeen
ROYAL OAK CIRCLE/AMENDMENT TO HOUSING REVENUE BOND RESOLUTION
A. Resolution Authorizing Amendment to $12,580,000 Multi -Family
Rental Housing Revenue Bonds for Royal Oak Circle Project --The
developer of the Royal Circle project, Mr. Richard Asp, was given
approval for the issuance of $12,580,000 of multi -family rental
housing revenue bonds on December 3, 1985. As a part of the
transaction, authorization was given to allow the proceeds of
the bonds to be escrowed and invested to secure payment of the
principal„ of an interest on the bonds, pending a conversion date
and the purchase and remarketing of the bonds. The new resolution
®
essentially activates the conversion date and allows the change
from a short term interest rate to a long term rate which is
estimated at approximately 22 years.
A resolution amending documents allowing for the conversion from
a short term interest rate on the revenue bonds to a long term
rate Placement is in order for consideration.
For a copy of the resolution, refer to pages through 17
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny
adoption of a resolution that would allow the Royal Oak Circles
project a long term rate in placement of bonds so this apartment
project can proceed as previously approved.
SPECIAL NOTE: The Royal Oak Circle project is located west of
I -35E and immediately south of the Surrey Heights and Yankee
•
Square Shopping Center developments.
543
CITY OF EAGAN, MINNESOTA
RESOLUTION "
AUTHORIZING CERTAIN AMENDMENTS WITH
RESPECT TO THE CITY OF EAGAN, MINNESOTA,
$12,580,000 MULTIFAMILY RENTAL HOUSING
REVENUE BONDS (ROYAL OAK CIRCLE PROJECT),
SERIES 1985.
WHEREAS, the City of Eagan (the "City") is a statutory city duly organized
and existing under the Constitution and laws of the State of Minnesota; and
WHEREAS, pursuant to the Constitution and laws of the State of Minnesota,
particularly Minnesota Statutes, Chapters 462A and 462C, as amended (the "Acts"),
the City is authorized to carry out the public purposes described therein and
• contemplated thereby by issuing its revenue bonds to defray, in whole or in part,
the development costs of a rental housing development, and by entering into any
agreements made in connection therewith and pledging them as security for the
payment of the principal of and interest on any such revenue bonds; and
WHEREAS, to provide a means of financing the cost of a rental housing
development that will provide decent, safe and sanitary housing for low and
moderate income residents of the City at rents they can afford, and further to
provide for and promote the public health, safety, morals and welfare and to
provide for efficient and well-planned urban growth and development, including the
elimination and prevention of potential urban blight, and the proper coordination of
industrial facilities with public services, mass transportation and multifamily
housing developments; which constitute valid public purposes for the issuance of
revenue bonds under the Acts, the City has developed a program (the "Program")
with respect to the issuance by the City of its revenue bonds pursuant to the Acts
to finance the acquisition and preparation of a site and the construction of a
multifamily rental housing development located in the City and containing
•
approximately 230 units (the "Project") to be undertaken by Royal Oak Circle, a
Limited Partnership (the "Developer"); and
WHEREAS, the City developed a Housing Plan pursuant to and in conformity
with the Acts and adopted the Housing Plan after a public hearing thereon after
one publication of notice in a newspaper circulating generally in the City; and,
WHEREAS, the Housing Plan was submitted to the Metropolitan Council,
which reviewed the Housing Plan and forwarded its comments to the City which
comments were reviewed and discussed by the City; and
WHEREAS, the Program, an individual component of the Housing Plan
pursuant to which the issuance of the housing revenue bonds of the City was
proposed, was developed by the City and made a part of the Housing Plan; and
WHEREAS, the City Council of the City adopted the Program by the
passage of a resolution on February 5, 1985; and
VI/
WHEREAS, the Acts require approval of the Program by the Minnesota
Housing Finance Agency (the "Agency"), which approval was given on March 6,
1985; and
WHEREAS, pursuant to a resolution adopted on December 3, 1985 (the "Bond
Resolution"), the City approved the issuance of $12,580,000 City of Eagan,
Minnesota, Multifamily Rental Housing Revenue Bonds (Royal Oak Circle Project),
Series 1985 (the "Bonds"); and
WHEREAS, the proceeds of the Bonds were escrowed and invested to secure
payment of the principal of and interest on the Bonds pending a Conversion Date
(as defined in the Indenture referred to below) and a purchase and remarketing of
the Bonds; and
WHEREAS, certain amendments to the documents delivered in conjunction
with the issuance of the Bonds have been requested by the Developer and an entity
proposing to purchase the Bonds; and
• WHEREAS, neither the State of Minnesota nor any political subdivision
thereof (other than the City and then only to the extent of the trust estate pledged
in the Indenture) will be liable on the Bonds, and the Bonds will not be a debt of ,the
State of Minnesota or any political subdivision thereof (other than the City and
then only to the extent of the trust estate pledged in the indenture), and in any
event will not give rise to a charge against the credit or taxing power of the City,
the State of Minnesota, or any political subdivision thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EAGAN, MINNESOTA:
Section 1. The City Council of the City acknowledges, finds, determines,
and declares that the preservation of the quality of life in the City is dependent
upon the maintenance, provision, and preservation of an adequate housing stock
which is affordable to persons and families of low or moderate income and that
® accomplishing this is a public purpose. The City Council also hereby finds,
determines and declares that the Project has been designed to be affordable by
persons and families with adjusted gross incomes not in excess of 110 percent of
the median family income as most recently estimated by the United States
Department of Housing and Urban Development for the Minneapolis -St. Paul
Standard Metropolitan Statistical Area and that 20 percent of the dwelling units in
the Project will be held for occupancy by families and, individuals with adjusted
gross incomes not in excess of 80 percent of the median family income as most
recently estimated by the United States Department of Housing and Urban
Development for the Minneapolis -St. Paul Standard Metropolitan Statistical Area.
Section 2. The City Council of the City further finds, determines, and
declares that it is in the best interest of the City that it authorize certain
amendments in the nature of substitutions with respect to the documentsdelivered
in conjunction with the issuance of the Bonds in order to facilitate the
disbursement of the proceeds of the Bonds to acquire and construct the Project.
Section 3. The Bond Resolution dated as of November 1, 1986 (the "Bond
Resolution"), in the form now on file with the City, is hereby substituted for the
Ile
P
2
Indenture of Trust dated as of December 1, 1985, by and between First Trust
Company, Inc., as trustee (the "Trustee") and the City (the "Indenture"). The Loan
Agreement dated as of November 1, 1986, between Royal Oak Circle, A Limited
Partnership, a Minnesota limited partnership (the "Developer") and the City (the
"Agreement"), in the form now on file with the City, is herby substituted for the
Loan Agreement dated as of December 1, 1985, by and between the City and the
Developer (the "Loan Agreement"). The Regulatory Agreement dated as of
November 1, 1986, between the City and the Developer (the "Regulatory
Agreement"), in the form now on file with the City, is hereby substituted for the
Regulatory Agreement dated as of December 1, 1985, between the City and the
Developer, and the Declaration of Restrictive Covenants made as of December 5,
1985, and executed by the Developer.
Section 4. In connection with the execution and delivery of the amended
documents referenced herein, the City hereby approves the redemption of Bonds in
principal amount by advised bond counsel.
• Section 5. The City Council of the City hereby authorizes and directs the
Mayor of the City (the "Mayor") and the City Clerk (the "Clerk") to execute, on
behalf of and under the corporate seal of the City, the Bond Resolution, and to
deliver to the Trustee the Bond. Resolution, and hereby provides that the Bond
Resolution shall set forth the terms and conditions of the Bonds, and the covenants,
rights, obligations, duties, and agreements of the bondholders and the City.
All of the provisions of the Bond Resolution, when, executed as .authorized
herein, shall be deemed to be a part of this resolution as fully and to the same
extent as if incorporated verbatim herein and shall be in full force and effect from
the date of execution and delivery thereof. The Bond Resolution shall be
substantially in the form on file with the City on the date hereof, and is hereby
approved, with such necessary and appropriate variations, omissions, and insertions
as do not materially affect the substance of the transaction and as the Mayor and
Clerk, in their discretion, shall determine; provided that the execution thereof by
the Mayor and Clerk shall be conclusive evidence of such determination.
• Section 6. The Mayor and Clerk are hereby authorized and directed to
execute and deliver the Agreement and, when executed and delivered as authorized
herein, the Agreement shall be deemed; to be a part of this resolution as fully and
to the same extent as if incorporated verbatim herein and shall be in full force and
effect from the date of execution and delivery thereof. The Agreement shall be
substantially in the form on file with the City on the date hereof, and is hereby
approved, with such necessary variations, omissions and insertions as do not
materially affect the substance of the transaction and as the Mayor and Clerk, in
their discretion, shall determine; provided that the execution thereof by the Mayor
and Clerk shall be conclusive evidence of such determination.
Section 7. The Mayor and Clerk are hereby authorized and directed to
execute and deliver the Regulatory Agreement between the City and the Developer
and, when executed and delivered as authorized herein, the Regulatory Agreement
shall be deemed to be a part of, this resolution as fully and to the same extent as if
incorporated verbatim herein and shall be in full force and effect from the date of
execution and delivery thereof. The Regulatory Agreement shall be substantially
in the form on file with the City on the date hereof, and is hereby approved, with
a
such necessary variations, omissions, and insertions as do not materially affect the
substance of the transaction and as the Mayor and Clerk, in their discretion, shall
determine; provided that the execution thereof by the Mayor and Clerk shall be
conclusive evidence of such determination.
Section S. All covenants; stipulations, obligations, representations, and
agreements of the City contained in this resolution or contained in the Bond
Resolution, Agreement, Regulatory Agreement, or other documents referred to
above shall be deemed to be the covenants, stipulations, obligations,
representations, and agreements of the City to the full extent authorized or
permitted by law, and all such covenants, stipulations, obligations, representations,
and agreements shall be binding upon the City. Except as otherwise provided in
this resolution, all rights, powers, and privileges conferred, and duties and
liabilities imposed upon the City or the City Council by the provisions of this
resolution or of the Bond Resolution, the Agreement, the Regulatory Agreement,
or other documents referred to above shall be exercised or performed by. the City,
or by such members, officers, board, body, or agency as may be required or
authorized by law to exercise such powers and to perform such duties. No
covenants, stipulation, obligation, representation, or agreement herein contained or
contained in the Bond Resolution, the Agreement, the Regulatory Agreement, or
other documents referred to above shall be deemed to be a covenant, stipulation,
obligation, representation, or agreement of any officer, agent, or employee of the
City in that person's 'individual capacity, and neither the members of the City
Council of the City nor any officer or employee shall be liable personally on the
Bonds or be subject to any personal liability or accountability by reason of the
issuance thereof. No provision, covenant or agreement contained in the Bond
Resolution, the Agreement, the Regulatory Agreement, the Bonds or in any other
document related to the Bonds, and no obligation therein or herein imposed upon
the City or the breach thereof, shall constitute or give rise to� a general obligation
of the City or any charge upon its general credit or taxing powers. In making the
agreements, provisions, covenants and representations set forth in the Bond
Resolution, the Agreement, the, Regulatory Agreement, the Bonds or in any other
document related to the Bonds, the City has not obligated itself to pay or remit
any funds or revenues, other than the trust estate described in the Indenture.
Section 9. Except as herein otherwise expressly provided, nothing in this
resolution or in the Bond Resolution, expressed or implied, is intendedor shall be
construed to confer upon any person, firm, or corporation other than the City, the
holders of the Bonds, and the Developer to the extent expressly provided in the
Bond Resolution, any right, remedy, or claim, legal or equitable, under and by
reason of this resolution or any provision hereof or of the Bond Resolution or any
provision thereof, this resolution, the Bond Resolution and all of their provisions
being intended to be and being for the sole and exclusive benefit of the City, the
holders from time to time of the Bonds issued under the provisions of this
resolution and the Bond Resolution, and the Developer to the extent expressly
provided in the Bond Resolution.
Section 10. In case any one or more of the provisions of this resolution or of
the Bond Resolution or of the Bonds issued hereunder shall for any reason be held
to be illegal or invalid, such illegality or invalidity shall not affect any other
provision of this resolution or of the Bond Resolution or of the Bonds, but this
resolution, the Bond Resolution, and the Bonds shall be construed as if such illegal
�7
4
•
•
0
or invalid provision had not been contained therein. The terms and conditions set
forth in the Bond Resolution, the creation of the funds provided for .in the Bond
Resolution, the provisions relating to the application of the proceeds derived from
the sale of the Bonds, and the application of all revenues, collateral, and other
monies are all commitments, obligations, and agreements on the part of the City
contained in the Bond Resolution,: and the invalidity,of the Bond Resolution shall
not affect the commitments, obligations, and.agreemenfs on the part of the City to
create such funds and to apply said revenues, other monies, and proceeds of the
Bonds for the purposes, in the manner, and according to the terms and conditions
fixed in the Bond Resolution; it being the intention hereof that such commitments
on the part of the City are as binding as if contained in this resolution separate and
apart from the Bond Resolution.
Section 11. The City Council of the City, officers of the City, and
attorneys and other agents or employees of the City are hereby authorized to do all
acts and things required of them by or in connection with this resolution and the
Bond Resolution and the other documents referred to above for the full, punctual,
® and complete performance of all the terms, covenants, and agreements contained
in the Bonds, the Bond Resolution and the other documents referred to above, and
this resolution.
Section 12. The Mayor and Clerk are authorized and directed to execute
and deliver any and all certificates, agreements .or other documents which are
required by the Bond Resolution, the Agreement, or the Regulatory Agreement, or
any other certificates or documents which are deemed necessary by bond counsel
to evidence the validity or enforceability of the Bonds, the Bond Resolution or the
other documents referred to in this resolution, or to evidence compliance with
Section 103(b)(4)(A) of the Internal Revenue Code of 1954, as amended or Section
148 of the Internal Revenue Code of 1986, as amended; and the Mayor and the
Clerk are hereby designated as authorized officers of the City for the purposes of
executing any required certificates and the Arbitrage Certificate; and all such
agreements or representations when made shall be deemed to be agreements or
representations, as the case may be, of the City.
Section 13. If for any reason the Mayor of the City is unable to execute and
deliver those documents referred to in this resolution, any other member of the
City Council of the City may execute and deliver such documents with the same
force and effect as if such documents were executed by the Mayor. If for any
reason the Clerk of the City is unable to execute and deliver the documents
referred to in this resolution, such documents may be executed and delivered by
any other officer of the City or by any ,member of the City Council with the same
force and effect as if such documents were executed and delivered by the Clerk of
the City.
Section 14. All costs incurred by the City in connection with the issuance,
sale and delivery of the Bonds and the execution and delivery of the Bond
Resolution, the Agreement, the Regulatory Agreement, or any other agreement or
instrument relative to the Bonds, whether or not actually issued or delivered, shall
be paid by the Developer or reimbursed by the Developer to the City.
Section 15. This resolution shall be in full force and effect from and after
its passage.
M
5
Adopted by the City Council November , 1986.
ATTEST:
City Clerk
Action on above resolution:
Motion for adoption:
Seconded by:
Voted in favor:
Voted against:
Abstained:
Absent:
Resolution adopted.
19
6
Mayor
•
Agenda Information Memo;
November 6, 198.6, City Council Meeting
Page Eighteen
OFF -SALE, LIQUOR LICENSE/TOWN CENTRE 70
B. Off -Sale Liquor License in Town Centre 70 for Big Top Wines
and Spirits (SIDCO, Inc.) --An application was submitted by SIDCO,
Inc. under the business name of Big Top Wines and Spirits to
be located at the Town Centre Shopping Center. The Police have
conducted their investigation and find' no reason to deny the
license to either the applicant or the manager of Big Top Wines
and Spirits.
For additional information, refer to a copy of the application
and investigation of the SIDCO liquor license, included without
• page number for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny
the off -sale liquor license in Town Centre 70 for Big Top Wines
and Spirits as presented.
0
R
Agenda Information Memo,
November 6, 1986,,City Council Meeting
Page Nineteen
REVOCATION OF FINAL PLAT APPROVAL
C. Consideration of Revocation of Final Plat Approval - Fairway
Hills lst Addition --Enclosed on pages 5,745,3 is a letter sent to a
representative of the Fairway Hills lst Addition relating the
history and current status of final plat approval for this
subdivision which officially expired on October 19, 1986. Recent
discussion with this representative have indicated that there is
a problem in closing the purchase of the property from the Ohman
family to allow them to proceed with recording of the final plat.
Enclosed on page 6;4 is the letter received from the developer
requesting an extension of final plat approval.
The letter of intent that wa•s submitted with the final plat
application contained a clause the staff was not aware of whereby
there were conditions placed on the financial guarantee
irregardless of Council approval which had not been able to be
met by the developer. In the future, the,staff wi.11 be requiring
actual financial guarantees be provided in lieu of the "letter of
intent" process to eliminate similar occurrences.
ACTION TO BE CONSIDERED ON THIS ITEM: Revoke final plat approval
of the Fairway Hills lst Addition or grant an extension to a
specific date.
W
3830 PILOT KNOB ROAD. P.O. BOX 21199
BEA BLOMQUIST
EAGAN, MINNESOTA 55121
PHONE: (6I2) 454-8100
THOMAS EGAN
-
JAMES A SMITH
MC'cWSON
_
October 16, 1986 ___ -
THEODOdE WACHTER
C« iMom .
THOMAS HEDGES
Gty POAY11isM101«
EUGENE VAN OVERBEKE
MR DON PATTON
Coy Cleft
REALITY CENTER
7600 PARKLAWN AVENUE
EDINA MN 55435
Re: '`Faiiway 13ills' lst Addition
Expiration of Final Plat Approval
Dear Mr. Patton:
It is my understanding that your company has been informed that
the final plat approval granted by Council action on August 16,
1986, expires effective October 18, 1986, (60 days after Council
approval). Enclosed you will find a copy of the letter sent by
the City informing Derrick Company of these expiration dates. On
October 8, you submitted a letter requesting extension of the
final plat approval to January 15, 1987, without any explanation
or justification for this request.
As you may recall, your company was quite insistent that final
plat approval be obtained by Council action on August 19. The
City staff was very cooperative in trying to facilitate the
processing• of your final plat application within your requested
time frame. In addition, the Council even granted a building'
permit for a house prior to recording of the final plat to
facilitate your development schedules.
At this time, we are very disappointed that Derrick Company has
not proceeded with their development schedule as committed to
during your final plat application process.
Therefore, please let this letter serve as notice that your final
plat approval will officially expire on October 19:, 1986, and
will not be considered for extension unless sufficient detailed
explanations and justifications for any extensions have. been
submitted 'for consideration by Council. If your request for an
extension is not approved, you will be required to resubmit a new
final plat application before reconsideration by Council action.
6v
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
f
MR DON PATTON
OCTOBER 16, 1986
PAGE 2
One of the conditions of this new application and/or extension
will be submission of a formal Letter of Credit or similar
financial guarantee in lieu of the'previously submitted Letter of
Intent, which apparently is no longer valid.
If you would like to discuss the status of your plat in further
detail, please contact me at your convenience.
Sincerel ,
oma. A. Colbert, P.E.
Director of Public Works
TAC/jj
cc: Thomas L. Hedges, City Administrator
Dale C. Runkle, City Planner
..Roger Derrick, Derrick Land Company
Enclosure
E
8 October 1986
nERRICK CONI AN1ES
R -al Estutt Dev.iplcrs
�Er� nnr.i 1 4 i�35
CITY OF EAGAN
Attention: Julie Dykspra
3830 Pilot Knob Road
Eagan, Minnesota 55121
• Subject: Fairway Hills Phase S
Dear Ms. Dykspra:
The final plat on the subject addition has been approved,
but the plat will not be filed before the date of October
16, 1986 as stipulated in your procedures.. We hereby
request the filing date for the plat be extended to
January 15, 1987.
Thank you for your consideration.
Sincerely,
Mr. Don Patton
Derrick Companies
DP:clb
5�
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Twenty
PUBLIC IMPROVEMENT CONTRACTS
1. Contract 86-20, Consideration of Awarding Contract (Windtree
7th Addition) --On May 21, 1986, the Council approved a
preliminaryplat for the Windtree 7th and 9th Additions. In
response to aL subsequent petition and guarantee of costs
s:ubm.itted by the developer, the Council authorized the
simultaneous preparation of detailed plans and specifications
along with the Feasibility Report for consideration and
subsequent approval at the August 5 Council meeting. This was
performed with the understanding that the developer was
proceeding with the final plat application process and would have
final plat approval prior to or concurrent with contract award on
September 2.
However, the developer did not proceed with the final plat
application process and'considexation of awarding the contract
was continued until October 7. At that following meeting, the
developer still had not made any efforts to proceed with the
final plat even though they were informed of the potential of
contract cancellation by the City. At the request of, the City,
the contractor agreed to extend the period of guarantee of his
low bid prices beyond that required in the bid proposal to allow
the developer to complete this final platting process.
Recent discussions with the developer (Lombard Properties, Inc.)
have indicated that they have been unable to obtain adequate
financial security as required by the development contract
agreement in a time frame consistent with processing final plat
approval.
Therefore, the Director of Public Works is recommending that if
the issue has not been resol vied by the November 6 Council
meeting, the bids received for Contract 86-20 be rejected and no
further action taken until completion of the final plat process.
ACTION TO BE•CONSIDERED ON THIS ITEM: To reject bids or award
Contract 86-20 (Windtree 7th Addition - Streets and Utilities).
':�5
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Twenty -One
PUBLIC IMPROVEMENT CONTRACTS
2. Contract 86-27, Approve Plans/Order Advertisement for Bids
(Wilderness Ponds Truck Storm Sewer, L.P. 55) --At the May 6,
1986, public hearing, the Council authorized the installation
of the trunk storm sewer outlet through the proposed wilderness
Ponds Addition providing storm sewer relief for the drainage
pond located in the rear yard area of Mr. Dick Ney. However,
this project could not proceed until the Wilderness Ponds Addition
had initiated their plat application process. Earlier on the
agenda, this final plat approval is scheduled for Council consider-
ation.
The consulting engineer has completed the plans and specifications
and will be available to discuss the project in detail with •
the Council at the November 6 meeting in hopes of receiving
authorization to advertise for bids.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
plans for Contract 86-27 (L.P. 55/Wilderness Ponds - trunk storm
sewer) and authorize the advertisement for a bid opening to
be held at 10:30 a.m. on Monday, November 17, 1986.
3. Contract 85-8, Final Payment/Acceptance (Town Centre 70
and 100 - Streets & Utilities) --We have received a request for
the 11th and final payment for the above -referenced contract
from 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 favorable
Council action regarding acceptance and perpetual maintenance. •
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 11th and
final payment for Contract 85-8 (Town Centre 70 and 100 Addition
- Streets and Utilities) in the amount of $34,685.60 to Northdale
Construction Company and accept the project for perpetual mainte-
nance.
�7
Agenda Information Memo,
November 6, 198'6, City Council Meeting
Page Twenty -Two
PUBLIC IMPROVEMENT CONTRACTS (continued)
4. Contract 85-9, Final Payment/Acceptance (Town Centre 70
and Birch Park Addition - Streets) --We have 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 for the installation
of the Municipal -State Aid streets servicing these two subdivi-
sions. All final inspections have been performed by representa-
tives of the Public Works Department and found to be in order
for favorable Council action regarding acceptance for perpetual
maintenance.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
• the seventh and final payment for Contract 85-9 (Town Centre
70 and Birch Park Addition - MSAS streets) in the amount of
$15,082.08 to McNamara Contracting Company Inc., and accept
the improvement for perpetual City maintenance.
5. Contract 85-16, Final Payment/Acceptance (Eagan Woods Office
Park and Safari 2nd Addition - Streets and Utilities --We have
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 for the
installation of streets and utilities servicing these two sub-
divisions. All final inspections have been performed by repre-
sentatives of the Public Works Department and found to be in
order for favorable Council action regarding perpetual City
maintenance.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
fifth and final payment for Contract 85-16 (Eagan Wood Office
Parks and Safari 2nd Addition - Streets and Utilities) in amount
of $8,440.78 to M.Danner 'Trucking, Inc., and accept the improve-
ments for perpetual City maintenance.
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Twenty -Three
PUBLIC IMPROVEMENT CONTRACTS (continued)
6. Contract 85-27, Final Payment/Acceptance (Eagandale Court
- Streets and Utilities) --We have received a request for final
payment from the contractor through our consulting engineering
firm along with the certification of compliance to City approved
plans and specifications for the installation of streets and
utilities servicing Eagandale Court (Project 456) and the instal-
lation of the trailway for the Westbury Additions along Lexington
Avenue. All final inspections have been performed by representa-
tives of the Public Works Department and found to be in order
for favorable Council action regarding perpetual maintenance.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the fifth and
final payment for Contract 85-27 (Eagandale Court and Westbury •
Additions - Streets and Utilities) for $14,731.00 to M.Danner
Trucking, Inc., and accept the improvements for perpetual City
maintenance.
•
01
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Twenty -Four
ENFORCEMENT OF LARGE VEHICLE REGULATIONS
B. Discussion of Enforcement of 'Section of City Code Dealing with
Large Vehicle --The City has received a complaint from the resident
adjacent to the Williams Goins' property located at 4010 Mica Trail
that a bus is parked on the property creating a visual nuisance to
® the neighborhood. The City has regulatory authority under Section
11.10 Subdivision 19E of the City Code to direct the removal of any
large vehicle upon or adjacent to any residential use for it is
determined that said parking has a detrimental effect on the
residential use. Said large vehicle shall include buses or
motorhomes. Since the City has a complaint from the adjacent
neighbor, the City Council does have authority by the City Code to
require the removal of the vehicle and this item is placed on the
agenda for ocnsideration.
For a copy of the Police Report and a picture of the bus location
refer to pages _e�6 through _kl_ for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny
enforcement of Section 11.10, Subdivision 19E requiring that a bus
be removed from the William Goins' property located at 4010 Mica
• Trail,.
,7
police department
®F
3830 Pilot Knob Road
Eagan, Minnesota 55122
28 October 1986
TO: Thomas L. Hedges, City Administrator
L'
FROM: Administrative Captain
SUBJECT: William Goins' Property, 4010 Mica Trail,
JAY M. BERTHE
CN., .1 Pw1.
PATRICK J. GEAGAN
Aemim......
KENNETH D. ASZMANN
oa,.,�.muwm
We have received a complaint from a Mr. McKeag at 4016 Mica Trail
regarding the unsightliness of the Goins property, particularly a
bus that has been parked there for quite some time. We have
checked the bus and found that it is licensed with a collector
plate which does not expire. It is difficult to tell whether or
not the bus runs and if we charge him under our Junk Ordinance,
it is incumbent upon us to prove that it is inoperable; this
would be difficult to do under the circumstances.
Mr. Goins has been charged under our Junk Ordinance approximately
ten times within the past ten years_ Subsequently, I do not feel
that we will get him -to move this vehicle voluntarily. Under
Section 11.10, subd. 19E of the City Code, the City Council may
direct the removal of any large vehicle upon or adjacent to any
residential use where it is determined that said parking has a
detrimental effect on the residential use. Said large vehicles
shall include buses or motor homes. The City Council has used
this ordinance on one other occasion in the Hilltop Addition with
some success.
Attached are pictures of the bus which is parked in the back yard
of 40.10 Mica Trail.
Patrick J. Geagan
cc: Jay M. Berthe
PJG/vk
Attach.
0120
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Agenda Information
November 6, 1986,
Page Twenty -Five
Memo,
City Council Meeting
PRIVATE-`iMPROVEMENT'CONTRACTS
C. Private Improvement Contracts:
Item 1. Contract 84-G, Final Acceptance (Lexington Place 1st
Addition - Streets) --We have received a recommendation for final
acceptance of the public streets installed within the Lexington
Place lst Addition (2nd Phase) by our consultant engineering firm
along with a certification of compliance with all city approved
plans and specifications. All final inspections have been per-
formed by representatives of the public works maintenance division
and found to be in order for favorable Council action regarding
perpetual city maintenance.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the improvements
installed under Contract 84-G (Lexington Place 1st Addition -
Streets) and accept these improvements for perpetual city mainte-
nance.
Item 2. Contract 84-P, Final Acceptance (Lexington Place 2nd
Addition - Streets) --We have received a recommendation for final
acceptance of the streets installed within the Lexington Place 2nd
Addition under Contract 84-P along with a certification of compli-
ance to all city approved plans and specifications. All final
inspections have been performed by representatives of the public
works maintenance division and foundto be in order for favorable
Council action regarding perpetual city maintenance.
ACTION TO BE CONSIDERED ON THIS' ITEM: To accept Contract 84-P
(Lexington Place 2nd Addition - Streets) for perpetual city mainte-
nance.
Gv
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Twenty -Six
O"NEIL VS CITY OF EAGAN LAWSUIT
D. O'Neil vs City of Eagan Lawsuit Update --The City has received a
Notice of Motion for Stipulation of Dismissal Without Predjudice and
Stipulation to File Second Amended Complaint by legal counsel
representing Robert O'Neil in the case of R.J. O'Neil and Grace
O'Neil vs. City of Eagan.
Under the Stipulation of Dismissal Without Pred'judice there are four
counts that have been dismissed or removed by the plaintiff, Mr. and
Mrs. Robert O'Neil. They include among other language the
elimination and dismissal of the original request for judgement
awarding the O'Neils damages in the amount of $&,700,000. In other
words, the $8,700,000 request for damages has been eliminated as a
part of the lawsuit.
Documents were received this week and it was suggested by the City
Attorney that this item be placed on the ag'end'a for an update and
any response the City Council might desire at this time. Enclosed
without page number is a copy of the Stipulation of Dismissal
Without Predjudice and Stipulation to File Second Amended Complaint
as presented by the legal counsel of Peterson, Tews and Squires
representing Mr. and Mrs. Robert O'Neil.
ACTION TO BE, CONSIDRED ON THIS ITEM: To consider any direction for
legal counsel for the O'Neil vs City of Eagan lawsuit.
W
E
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Twenty -Seven
CORRECTIVE STRATEGY/PART 150 STUDY
E. Corrective Strategies for Part 150 --The Metropolitan Airport's
Commission has requested that City Councils indicate preferences
from among proposed strategies for land use correction under the
Part 150 study. Ultimately MAC is hopeful their recommendation for
land use correction will be acceptable within communities.
surrounding the airport. Administrative Assistant Hohenstein has
been monitoring the Part 150 study and developed a memo that
outlines the four (4) corrective elements that are under
consideration by the MAC plan. Enclosed on pages through 6 7
is a copy of that memo. —7—
Administrative Assistant Hohenstein will be present to answer any
questions the City Council might have concerning the corrective
elements that were addressed in the attached memo.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny one or
more corrective elements and direct this information to the
Metropolitan Airport's Commission to be used as a strategy for .land
use correction under the Part 150 study.
��z
REQUEST FOR COUNCIL ACTION
MEMO TO: CITY ADMINISTRATOR HEDGES,,.
FROM: ADMINISTRATIVE ASSISTANT HOBENSTEIN
DATE: OCTOBER 23, 1986
SUBJECT: COUNCIL PREFERENCES FOR PART 150 CORRECTIVE STRATEGIES
Please request action on the part of the Council with respect to
the Metropolitan Airports Commission proposed strategies for land
use correction under the Part 150 study. The MAC has requested
that city councils indicate preferences from among the options so
that the program they ultimately recommend is acceptable within
the communities.
• In addition to the preventive land use strategies which the
Metropolian Council currently requires, the MAC plan would add
one or more of the following corrective elements:
1. Acquire Developed Property - For residential structures
which cannot be economically soundproofed, acquire the
property if the owner so wishes. Acquired property would be
converted to compatible uses with appropriate easements and
restrictions.
2. Purchase Assurance Program - Guarantee purchase of existing
homes in specified areas after the owner has made a bonified
effort to sell the property. Acquired property would be
converted to compatible use or insulated and returned tc
residential use with appropriate easements and restrictions.
• 3. Soundproof Private Residences - Apply sound insulation
techniques to existing residences to achieve a, noise level
reduction (NLR) sufficient to achieve acceptable levels of
interior noise. MAC would acquire avigational easements in
exchange for the cost of soundproofing.
Purchase Avigational Easements - Purchase avigational
easements from property owners in designated areas.
The corrective elements would be considered for application
within the Ldn contours shown on the attached map. The costs of
such corrective actions would be covered by planning assistance
from the Federal Aviation Administration and the Metropolitan
Airports Commission's funds. Funding would be prioritized.on the
basis of the contour within which a residence might lie. If all
funds are exhausted within a particular contour, corrective
action may not be available in subsequent contours. This does
not preclude the possibility of leveraging in corrective action
through the combination of other funding sources to apply
corrective remedies to all residences within all contours.
Part 150 Corrective Strategies
October 23, 1986
Page Two
As the City Council has had discussion in the past concerning
such items as retrofit insulation, staff .would request direction
for its presentation of the City's -position on corrective actions
in the Part 150 study. Please schedule this for the November 6
City Council meeting to comply with the study's deadlines. If
you have any questions about this matter, please let me know. I
can be available for presentation of this material at the City
Council meeting, if that's necessary.
C".�
Adi nistrative.Assistant
JDH/jeh
•
Agenda Information Memo,
November 6, 1986, City Council Meeting
Page Twenty -Eight
UTILITY BILLING/RENTAL UNITS
F. Utility Billing of Rental Units --The City has approximately 800
accounts identified as rental in single family, duplex and townhouse
categories. In most cases, the renter is responsible for paying the
utility bill and account deposit. Unfortunately with the rapid
turnover in rental units., renters will move out of the property
without making final payments and the City has had a serious
collection problem as a result. The Director of Finance has
prepared a memo that addresses the current situation and problems
and provides a suggested procedure that he would like implemented so
the City insures payment of all utility bills and minimizes
collection requirements by the.City.
For a copy of the memo.refer to pages _Zthrough'/ It was
felt by the City Administrator that a change in he procedure
addressed and adopted by the City Council would provide greater
teeth in the enforcement as opposed to handling this matter
administratively.
ACTION
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny a change
in the administrative procedure for account deposits and billing of
all City utility bills for rental units as presented by the Director
of Finance.
010
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE
DATE: SEPTEMBER 18, 1986
SUBJECT: UTILITY BILLING OF RENTAL UNITS.
with the continued rapid growth in the City as well as the
increase in rental units, the department has been experiencing
significnt problems in utility billing that we feel need to be
addressed and changes made either administratively with your
concurrence or by the City Council.
• Ken Damlo and the utility billing clerks have compiled the
following information which I have reviewed and concur with.
Current Situation
1) Approximately 800 accounts have been identified as rental in
the single family, duplex and townhouse categories. This is
about 108 of the total 8200 accounts in these categories, as
of June 30, 1986.
2) The City has allowed the option of either the owner or renter
paying the bill. An estimtaed 758 of the rental units have
the renter pay the bill and account deposit.
3) As a courtesy,, utility billing personnel send a copy of the
renter's final bill to the owner to make them aware of the
liability if the renter does not pay, but this adds to the
work load. This assumes that the renter asks for a final
read in a timely fashion.
Problems
1) No notification when individuals move in and out. A
significant amount of time and effort is spent attempting to
obtain necessary billing information.
2) Rapid turnover, requiring the establishment of account
records and then running final bills as individuals often
move out within a few months of moving in.
3) A reliance on verbal information received over the telephone,
sometimes from second party sources, for names, addresses,
\ dates and payment responsibility. This information is not
1 always correct and sometimes results in the City being in the
middle of disputes between owner and renter.
4) Resistance on the part of owners to pay for the unpaid
abalances on final bills, plus additional problems associated
with threatening water shut-off when there is a new renter in
the unit.
Suggested Procedure
1) The utility account will be in the name of and billed to the
property owner or his rental/management agent. The owner
will also be responsible for the account deposit. In no case
will accounts or deposits be in the name of the renters.
2) Requests to bill rental/management agents must be submitted
on a form provided by the City, and will not be in effect
until it has been signed by both parties and returned to the
City.
3) Final reads.will be taken and final bills generated only upon
the owners or rental/management agents request. The City
will have no interest in renter turnover as it relates to
these utility bills. •
4) As provided in Section 3.05, subd. 8, of the City Code which
states that payment for utility service shall be the primary
responsibility of the property owner, unpaid bills on
rental property will be certified to the tax rolls, following
the proper notification and hearing, if other reasonable
collection efforts are not successful.
Implementation
Implementation would involve immediately notifying by mail the
owners of rental property who can reasonably be identified of
this change in policy. Then, as present renter's move,
individual account records would be changed in accordance with
the new procedures. There would be no attempt to change billing.
on units that were not turning over, consequently complete
implementation would probably not be achieved for a long period
of time.
Summary
While some owners are conscientious in dealing with their
property, as the total number of accounts increases„ the problems
and demands on staff associated with rental units will continue
to increase. The total number of accounts on the utility billing
system as of August 31, 1986, was 9,756 (this includes final
bills). While we remain committed to accommodating the public, a
change in procedure relating to rental units will increase
efficiency and alleviate one problem area at a time when utility
billing personnel are faced with increased work load as a result
of the City's continued rapid growth.
Given the increase in numbers as well as other increases in
complexity of utility billing, it is not practical for the City
to continue the past practice of billing renters for service.
While the proposed changes may cause certain property owners some
®additional work load, that is where the ultimate responsiblility
should be placed. Owner occupied accounts should not be required
to endure additional expenses or poorer service to accommodate
rental property owners.
•
•
I or any other employee involved in this billing process would be
happy to discuss the matter in more detail or provide whatever
additional information may be required.
UO
Financ'; 'irector/City Clerk
cc: Assistant Finance Director Damlo
EJV/cks
/ /
MEMO TO: HONORABLE MAYOR AND CITY
FROM: CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 31, 1986
SUBJECT: INFORMATIVE
AMM BANQUET
Steve Schwanke and Gene VanOverbeke are planning to attend the AMM
annual meeting on Thursday, November 6. Gene will be present at the
City Council meeting after the AMM meeting to discuss utility
billing proposal and will provide a brief update of action taken if
appropriate.
ON -SALE LIQUOR LICENSES UPDATE
® Enclosed on page is a copy of an update provided by the
Director of FinancW listing the on -sale liquor licenses in the
community.
EAGAN HOCKEY BOOSTERS PETITION
Enclosed on page_ is a copy of a memo to the Director of Parks
and Recreation re arding direction for the Eagan Hockey Booster's
petition.
LANDFILL ABATEMENT FUNDING ASSISTANCE
Enclosed is a copy of -the Landfill Abatement Funding Assistance
application that was submitted by the City for reimbursement.
Administrative Assistant Hohenstein has been coordinating the Solid
Waste Abatement and Composting Program and prepared the funding
assistance application. This application provided a great deal of
40 detail on the City's progress for solid waste abatement and
composting and further explained some of the impact and benefits to
date and for those reasons it seemed appropriate to copy the City
Cou cil. For a copy of this report, refer to pages -ALthrough
VOLUNTEER FIRE DEPARTMENT MONTHLY REPORT
Enclosed on page is a copy of the August report for the Eagan
Volunteer Fire Dep rtment.
AIRPORT NOISE
In addition to the regular ly.'6cheduled agenda item, there are two
other pieces of information that deserve review by the City Council.
First the City has received an encouraging letter from Doug Powers,
the new Air Traffic Manager for the FAA and a copy of his letter and
summary memo from Administrative Assistant Hohenstein are enclosed
on pages _P_ through __C17_.
7y
Also enclosed is a letter of record from Kevin Eide regarding a
request by Mr. Roger Sperling to process all airport noise
complaints_ps. nuisance complaints. A copy of this memo is enclosed
on pages through. There is some concern about the City
taking an ctivist role in imposing litigation on the FAA especially
when that agency and MAC appear to be approaching a cooperative
posture with the City of Eagan regarding airport noise.
Administrative Assistant Hohenstein, in addition to the Airport
Noise Committee, has spent a great -deal of time nurturing staff from
both MAC and the FAA which should be beneficial to the City in both
the short and long term negotiations for minimizing or reducing
airport noise over our community.
The City Administrator would like some direction regarding the City
Attorney's letter on this item.
/S/ Thomas L. Hedges
City Administrator
73
U
•
•
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE
DATE: OCTOBER 29, 1986
SUBJECT: ON -SALE LIQUOR LICENSES
j
With the recent approval of the liquor license for Robert Dougherty there are
no additional licenses available for the"other restaurant" category. The
"other restaurant" category would be those with less than $350,000 building
valuation. The current breakdown of licenses is as follows:
CATEGORY
Existing -Prior Hotels Restaurants Other
To Ordinance Motels Valuation Restaurants
Licensee Change 5$350.000 Total
Al Baker
X
Cedarvale Bowl
X
Durnings
X
Hong Wong
X
La Fonda
X
Mediterranean Cruise
X
Richards
X
Stark's Halfway House
X
Valley Lounge
X
Eagandale Club
X
Lost Spur
X
Total Issued
Robert Dougherty
® Contemplated
Available
TOTALS
10 0 0 1 11
X(1) X
3 3
N
10 4 , 3 2 18
------------------------------------------
(1) Compri hotel - may not meet current hotel, definition relative to the
food requirement.
I am providing this information so that as preliminary discussions are
conducted you and the City Council have a record as to the current status of
these licenses. I would expect requests to make some adjustments to available
licenses to be forthcoming.
Finance rector/City Clerk
cc: Administrative Assistant Witt
EJV/jeh
7�
MEMO TO: DIRECTOR OF PARKS AND RECREATION VRAA
FROM: CITY ADMINISTRATOR HEDGES
DATE: OCTOBER 24, 1986
SUBJECT: RAGAN HOCKEY BOOSTERS, INC. PETITION
At the last regular meeting of the City Council held on October
21, a petition was forwarded to Mayor Blomquist by Eagan citizens
interested in a hockey arena.
The City Council would like the Advisory Parks and Recreation
Commission to review the petition and begin a grass roots
evaluation of the proposal suggested in the petition. It is my
understanding that the Commission has had one meeting at which
time a community center was discussion relative to the Capital
Improvements Program.
The City Council would like Phase I investigation to be low key
and not in any way jeopardize discussions relative to the March
10 Independent School District 196 bond referendum.
Ken, we should communicate on a regular basis as this item is
monitored and proce,ss.ed through the Parks and Recreation
Commission so the City Council is kept abreast of all their
deliberations.
City Administrator
Attachment
TLH/cks •
7-6
Landfill Abatement Funding Assistance
APPLICATION
Name of City or Township
Contact Person
Address
Phone Number
Project Description
City of Eagan
Jon Hohenstein
3830 Pilot Knob Rd., Eagan, MN 55122
454-8100
Describe the Proposed Activity including: location, personnel, equipment
needed, collection method, publicity, roles and responsibilities of various
agencies, and schedule for implementing the activity. (Use additional
sheets, if necessary.) Indicate the means for attaining financial self—
sufficiency by 1990. See Attachment
— Proposed Service Area — Identify the area of the city or cities served by
the proposed activity. Provide a map, if applicable.
See Attachment
• — Impact on the Waste Stream — Estimate the quantity of waste in tons and/or
cubic yards diverted from sanitary landfills. How will the material be
marketed or disposed of7 Is this a new activity or funding for an existing
activity?
See Attachment
Proposed Budget of Expenditures
See Attachment
A. Personnel (List Positions)
Administration
Maintenance
Site Monitor
B. Land/Buildings
C. EgU12ment/Materials
D. Utilities & Maintenance
E. Publicity
Hourly Rate
: of Hours
Total Cost
11.90 + o.h.
250
$3,600
4.25-12.00 +
o.h. 300
3,400
4.25 — 6.00
185
850
Rental/Lease
Purchase
Total Cost
$3,150
$3,150
6,450
6,450
F. Contract Services $500
C. Other (Specify) Employment Advertising
1,850 1,850
6,350 6,850 "
200 200
Total Program Cost
Amount of Other Funds (Specify Source) Metropolitan Council
Amount of Local Funds (Specify Source) General Fund
12,545 X .$1.00 $12,545
P of Households (S1/Household) (Total
Allocation)
Signature of Applicant
Attach Resolution from City or Township.
Date
$26,350
.,6,272.50
7,532.50
$12,545
(Total
Requested)
CITY OF RAGAN
SOLID WASTE ABATEMENT AND,- COMPOSTING PROGRAM
PROJECT DESCRIPTION
GENERAL DESCRIPTION
The City of Eagan has made a commitment to provide its residents
with resource recovery and recycling alternatives to landfilling.
In 1985, the City Council authorized the development of the
composting program as a first phase in implementing this
commitment. The program's objectives, as updated, are listed
below:
1. To establish a waste production and resource recovery
facility that can be easily expanded to meet future
demands.
2. To reduce the impact on county landfills by collecting
1,000 cubic yards of compostable materials and tree
waste in 1986.
3. To coordinate a composting program with other waste
reduction and resource recovery programs within the
City, county and metropolitan area.
4. To establish a composting program that is accessible,
convenient and easily understandable for residents.
5. To provide material drop-off and pick-up services at a
minimal or no charge to the user.
To conduct an ongoing public education program on the •
benefits of composting and recycling.
Currently the composting program accepts organic materials such
as leaves, grass clippings, garden wastes and residential tree
wastes. The material is processed through ordinary composting
and wood chipping. Compost and wood chips are made available to
residents at no charge.
At a special meeting of the City Council held on Thursday,
September 25, 1986, the Eagan City Council gave direction to
staff to expand the scope of Eagan's resource recovery and
recycling alternative development by authorizing application for.
funds to conduct an Organized Collection Study on behalf of the
City. This study, combined with the work being performed by the
City's recently appointed Solid Waste Abatement Commission, will
result in the development of a comprehensive strategy to
implement successive phases of the City's landfill abatement
effort. V
LOCATION
The City provides a single, centralized, monitored drop-off site
(see site location map enclosed). The site operates from April
through November to provide access throughout the growing season.
The site is open on Saturdays from noon to 6:00 P.M. throughout
this period. Beginning in September, the site is open on
Wednesdays from noon to 6:00 P.M. as well to provide for the
additional demand placed on the site by the fall leaf seascin.
This two phase schedule is expected to be utilized in the future
years.
The site offers some alternatives for future waste abatement
programs including paper drives, a City recycling drop site and
Christmas tree chipping. These alternatives are under
consideration and may be implemented in the coming year.
• PERSONNEL
As outlined in the application, personnel for the site consist of
permanent City personnel performing the roles of administration
and site and material processing and maintenance. In addition,
the City has hired part-time temporary personnel to monitor the
site on the schedule described above. Volunteers are used to
publicize the City's programs and to assist site monitors during
scheduled hours. Currently, the City is using the services of an
Eagle Scout candidate who will provide general assistance
throughout the fall leaf season.
EQUIPMENT NEEDED
The City makes use of a variety of equipment for the conduct of
this program. In the past, the City has utilized landfill
abatement funds to purchase additional equipment for the program
. and has made application for additional equipment in this .funding
cycle. Currently, the City has the following equipment partially
or substantially dedicated to the composting program:
Front end loader
Hauling truck with dump box
Skidster front end loader
Wood chipper
Under the application presented for consideration, the City has
included three items of new equipment which will be substantially
applied to the overall waste reduction program. These are
outlined below:
1. Stump Chipper - The City is interested in purchasing a
stump chipper to reduce wood wastes in much the same
way as the wood chipper is used in conjunction with the
compost program. Many times, in the conduct of City or
parks improvements or boulevard maintenance, it becomes
necessary to remove trees for a variety of reasons.
When that occurs, the City is faced with the option of
either chipping the remaining stump or removing it for
landfill disposal. In the past, the City has utilized
CITY OF EAGAN
SITE LOCATIONS
0 CENTRAL LOCATION (PERMANENT SITE)
JUST SOUTH OF THE EAGAN MUNICIPAL
CENTER ON PILOT KNOB RD.
- T9
rental equipment or the county's stump chipper for that
purpose. Neither of these alternatives has proven to
be cost effective due to the frequency with which this
piece of equipment is needed. Since wastes not reduced
in this way create an unnecessary impact on the area
landfills, the City has included this item under its
application for landfill abatement funding assistance.
2. Truck Modifications - Currently, the City uses one of
its maintenance trucks (Unit # 313) in the conduct of
its boulevard tree trimming program. This unit travels
with the wood chipper and is used to transport chips
from the point at which they are reduced to the City
compost site or other disposal sites. In the past, the
operating configuration of this vehicle has prevented
the efficient conduct of the wood chip program. The
proposed modifications involve a metal frame and fabric
covering for the truck box to allow it to be filled to
• capacity with wood chips during operations and a
retrofit hitch to allow it to pull the wood chipper.
At present, no vehicle in the City's maintenance fleet
is able to carry much more then one-third of a load of
wood chip material at a time due to chip material being
blown from the vehicles. In addition, Unit # 313 is
not equipped with a hitch to pull the wood chipper. To
date, the operation has required two vehicles with as
many operators to reduce material at a particular site.
The addition of these modifications will allow for
improved efficiency and greater flexibility on the part
of City staff.
3. Thermometer/Temperature Probe - The City has maintained
the compost piles by turning them on a timed sequence
schedule. This has worked relatively well. The
purchase of a temperature probe to monitor the reaction
• temperature near the middle of the pile will allow
better management by allowing maintenance of the pile
as it is needed to maintain optimum composting
temperature.
COLLECTION METHOD
The compost program operates as a drop site on the schedule and
in the manner described above. Individuals bringing the
materials to the site are directed to deposit them in approved
locations by the site monitor. The only material brought to the
site by City staff is that which is collected and reduced as a
part of the City's boulevard tree trimming program.
As part of the application, the City has indicated as an item an
Organized Collection Study to consider alternatives to the
present open hauling system in the City. The City is not
committed to undertaking organized collection as yet, but the
results of the study may provide avenues for alternative
collection methods to complement the drop site.
•o
ROLES AND RESPONSIBILIT-IES
The City of Eagan operates the compost program and meets its
attendant responsibilities. It derives funding for these
operations from its general fund, County Landfill Abatement
Assistance and the Metropolitan Council. It is assisted in site
operation by volunteer personnel- from time to time as described
above. The City does contract with recycling contractors to
conduct its Clean -Up and Recycling Promotions in the spring and
fall of the year and it publicizes private sector recycling
programs within the community. No other agency or entity has
responsibilities within the described program. However, several
preliminary proposals have been made to the City by outside
agencies for expansions of service. These alternatives are
briefly outlined below.
ALTERNATIVES
The City has been approached by Goodwill Industries regarding the •
possibility of establishing a recycling drop site within the
community similar to that in Burnsville and Apple Valley -
Rosemount - Lakeville. Dakota county is considering a joint
project with court services personnel and Goodwill Industries for
routed curb site collection of recyclables in Eagan. Dakota
Incorporated has offered to provide a labor pool and management
for a City funded drop-off and processing center. Waste
Processing Corporation has approached the City concerning the
development of a co -composting system for all City wastes. In
addition, numerous vendors and consultants hay.e contacted the
City with respect to their products and services in the area of
resource recovery and recycling. The City is investigating these
alternatives through its Solid Waste Abatement Commission and
City staff. If one or several of the alternatives present
themselves as being preferable to the program described, the City
reserves ,its right to amend its application for Landfill
Abatement Funding Assistance to address costs in alternative
areas found to be acceptable to both the county and City Council.
SCHEDULE
The project, as described, is currently implemented and has been
in operation for one year. In the past, the City has made
application for costs incurred in the current year and does so
this year as well. Costs indicated in the application are based
upon actual costs incurred through August 1, 1986, and reasonable
estimates of the time and costs expected to be incurred through
the end of the year. In addition to these costs, the City has
included the Solid Waste Abatement Study as a portion of this
application. It is not anticipated that this study will be
completed by year end and the City reserves the right to request
progress payments for the study on a quarterly basis in the
coming year if it is approved and undertaken.
D/
�'�� Hwy. '•fir wa�'a,:
INTERNALIZATION OF PROGRAM COSTS
By 1990, the compost program may attain financial self
sufficiency by one of two methods. First, it will become
necessary to charge a fee for compost site disposal and marketed
material in the future. The City has chosen not to pursue this
alternative in the initial phases of the 'Program to develop use
patterns on the part of its residents. As alternatives f;nr
disposal are reduced as 1990 approaches, the City will be able to
begin charging user fees to support the program. The other
alternative would be that additional general fund resources be
applied to the program for its administration and maintenance.
Any determinations concerning general fund allocations will have
to be made as part of the overall strategy of the community with
respect to solid waste abatement. The mix of user fees to
general fund allocations depends upon the relative level of use
and the availability of alternative disposal means.
The City anticipates that it will be better able to make plans
with regard to financing its solid waste abatement activities
when the county master plan is completed. Moreover, the
Organized Collection Study together with a broader metropolitan
area database concerning resource recovery alternatives will
better define the financial commitments of all parties.
Ultimately the user will pay for disposal in some manner as the
costs ofalternative disposal escalate.
SERVICE AREA
The entire City of Eagan will continue to be served by the
compost program (see service area map attached). The program
allows for compostable disposal to all Eagan residents and
businesses and wood product disposal to Eagan residents.
IMPACT ON THE WASTE STREAM
• The City compost program diverted roughly 300 cubic yards of
compostable material in 1985. It also diverted asubstantial
amount of residential tree waste, but the difficulty in measuring
the compacted volume of such materials precluded an accurate
estimate of the quantity. Based upon the heightened awareness of
the program and the availability of the site for grass clipping,
disposal throughout the summer months, the City anticipates that
it will divert roughly 1,000 cubic yards of compostable material
from the landfill in 1986. In addition, the City anticipates the
diversion of roughly 250 cubic yards. of reduced wood chip
material from the landfill in.1986. The reduced material being
easier to measure then the raw material, this goal will be easier
to.gauge.
The complement to material collection is the marketing of a
finished product. The City of Eagan has engaged in a substantial
marketing campaign through the local press and City publications
to dispose of the wood chip and compost material. It is being.
marketed to residents and businesses free of charge with the
potential for service fee charges as the program develops.
CITY OF EAGAN
AREA SERVED BY PROGRAM
--------- --- --�
/ MENDOTA H4dli
u
v •,
Hwy 35
Hwy 1
O /
`(ankes Doodle Road y I
N
'm m W
LU
c'
I Y
0
m W
J I '
CO Z
reoD1111ey Road
o
G
/
Wllderneas
Run I
/ I
CIIII Road
—.. —.. �..—L_..
APPL VALLEY ROSEMOUNT
— — — — — — — —.— — —.— —'— — — — — — — —'— — — —'— —.— — —�
pas
•
i
The activities
continuations of
several additions
of the service.
described within this application are
the previous City composting program with
designed to expand the effectiveness and scope
Attached for your review are copies of the enabling resolution by
the Eagan City Council, instituting the leaf composting/landfill
abatement program on S.eptem'ber 17, 1985; a budge't de -tail
itemizing costs reflected in the application; and a progress
report outlining uses of funds approved under last year's
landfill abatement assistance application.
W
K85-4
CITY OF EAGAN
RESOLUTION
AUTHORIZATION FOR PARTICIPATION IN LEAF
COMPOSTING/LANDFILL ABATEMENT PROGRAM
WHEREAS, the Dakota County Human Services Board approved
a funding assistance policy to financially assist municipalities
within Dakota County for specific landfill abatement projects; and
WHEREAS, the City of Eagan has previously sponsored a
leaf composting program; and
WHEREAS, the Eagan City Council on August 20, 1985,
approved the operation of a composting program for the City of
Eagan; and
NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan
hereby authorizes City staff to submit the necessary grant appli-
cations and agreements to Dakota County for financial assistance
under the landfill abatement program.
Motion Made By: WACHTER
Seconded By: EGAN
Those In Favor: ALL
Those Opposed: NONE
Date: SEPTEMBER 17, 1985
CITY OF EAGAN
CITY COUNCIL
a
At
CERTIFICATION
I, E. J. VanOverbeke,- Clerk of the City of Eagan, Dakota
County, Minnesota, do hereby certify that the foregoing resolution
was duly passed and adopted by the City Council of the City of
Eagan, Dakota County, Minnesota, in a regular meeting thereof
assembled this 17thday of September, 1985.
� 0 (1�101 te--U,
^
E. . VanOverbeke, City Clerk
CiVy of Eagan
BUDGET DETAIL
CITY OF RAGAN
SOLID WASTE ABATEMENT AND COMPOSTING PROGRAM
1986
Personnel Cost
Planning and Administration $3,600
Pile Maintenance and Wood Chipping 3,400 ?
Site Monitor 850 j
$7,850
Publicity
Printing 1,500
Signs 350
1,850
® Site Costs
Site Development 1,700
Landscape Screening 1,450
3,150
Eauipment 8 Materials
Stump Chipper 5,000
Truck Modifications (Unit #313) 1,200
Thermometer/Probe 200
Operating Supplies 50
6,450
Contract Services
Organized Collection Study 6,000
• Shredder/Screen Rental 500
Insurance 150
Garbage Collection 50
Clean -Up Day 150
6,850
Other
Employment Advertising 200
200
TOTAL $26,350
121
CITY OF EAGAN
SOLID WASTE ABATEMENT AND COMPOSTING PROGRAM
PROGRESS REPORT
CURRENT STATUS
r.
The City of Eagan compost program is completing its first full
year of operations. It is meeting the expectations laid out for
it at its inception and the City Council is committed to
expanding its services in a controlled manner to better serve the
resource recovery and waste abatement needs of the community.
The program is staffed by two monitors on a regular schedule from
April through November with the help of volunteers including an
Eagle Scout candidate currently assisting at the site. The
compost site itself has been improved substantially through the
installation of landscape screening, plantings and a gravel turn
around pad which have enhanced the aesthetic compatibility and
overall useability of the site.
The City Council is exploring alternatives to expand its solid
waste abatement activities. It has undertaken a series of fall
and spring clean-up and recycling day promotions within the
community. These promotions have offered one day drop site
alternatives for residents doing spring and fall cleaning at
their homes. In August, the City Council appointed a Solid Waste
Abatement Commission to examine alternatives and recommend a -
comprehensive solid waste strategy for the City. The Commission
continues to meet and is considering numerous alternatives in the
way of source separation, collection and marketing. Moreover,
the City Council has given direction for an organized waste
hauling study to be undertaken by the City.. Contingent upon
funding allocations, this study will provide information on the
means by which organized hauling can contribute to the overall
waste abatement goals of the metropolitan area. In addition to
these initiatives by the City, the City has been approached by
Goodwill Industries, Dakota County and other vendors and
consultants regarding the development of recyclable drop sites,
routed recyclable collection and waste processing.
The City has encountered several problems in the conduct of its
program over the past year. The nature of these problems is
briefly outlined below.
The City found through a telephone survey that awareness of the
program was high but that use .levels, based on respondents, was
relatively low. Concern was expressed on the part of respondents
that the schedule might not be sufficient for all yard waste
disposal and that publicity could be made more accessible and
more frequent. The City has addressed the scheduling issue and
has increased its commitment to broad based publicity. In
addition, it is pursuing the alternative of combining the
current operations with a recyclable drop site and expanding its
hours to improve accessibility. 87
The City also had a problem with the availability of monitors for
the site. The spring to fall schedule of the site does not
correspond with the ordinary availability of volunteer
organizations such as Scouts, church youth groups and the like.
The City was able to locate and hire a sufficient number of
monitors to undertake its schedule, but the number of
applications for the position were very low. This problem, like
the issue of awareness, might be helped by a more extensive
schedule promising additional hours to prospective monitors. The
City is also constrained by its seasonal employee pay schedule
which reduces the pool of interested candidates.
The Wood Chip Program has raised some issues as well. It was
intended to be an accessory service to the compost program but
due to the lack of disposal alternatives for wood products, it
has taken up over half of the summer time -commitment for waste
abatement. To deal with this problem, the City has better
defined the materials it can accept as being "tree limbs and
trunks 1" - 6" in diameter." These materials reduce to chips
well while not unnecessarily taxing the equipment or the
operator. It will become necessary to develop an overall wood
product strategy to address residents' needs in the future.
Marketing of processed material has been slow to date but the
improved publicity and the availability of locally generated
compost is likely to raise the profile of this element of the
program. It will become necessary in the future to gain access
to a compost shredder and screen to make the material more
marketable to the public and to businesses. Dakota country
personnel have expressed interest in purchasing this piece of
equipment on a shared basis for a number of communities and the
City would strongly support that possibility. Shredders -are
difficult to locate on a lease basis and their cost is
prohibitive for individual communities to purchase in the near
• term.
The current site of the City compost program will eventually hold
the City's community center. Therefore, it will be necessary in
the long term to locate a new site for the program which offers
security, expandibility and ease of access. The City would be
interested in working with the county in pursuing alternatives in
this regard. This issue corresponds with the broader issue of
the County Master Plan. The City looks forward to the completion
of the County Master Plan as a means of directing strategy for
local municipalities doing solid waste abatement. The City
Council realizes that waste abatement will require us to change
the waste disposal habits of, residents. The City hopes to be
able to implement only that program which it will ultimately
follow, thereby requiring only one change of habits on the part
of residents. It is the City's firm belief that the success of
the cities and counties in meeting the regional guidelines
depends upon concerted, consistant reinforcment of a
comprehensive program and not a frequently changing succession of
abatment alternatives. To reach this end it is necessary to
complete the County Waste Abatement Master Plan on a timely basis
to allow cities to meet both county and regional landfill
abatement requirements by 1991. Qp
The timing of the master plan completion may require that the
county pursue an exemption from the 1988 mandate for all
communities within Dakota county. This will provide further time
for the cities and the county to work jointly to develop
voluntary recycling programs which meet the landfill abatement
targets in the next four years. The City of Eagan is also
interested in the development of centralized marketing through
the proposed county waste processing facility. As with the need
for an overall comprehensive strategy, the cities would be best
served by collective marketing which would be better able to take
advantage of economies of scale and markets outside of'the
region. The City believes that local direction and innovation is
good, but it is interested in the big picture being designed by
the county and the part that the cities will be expected to play
in it.
EXPENDITURES
All funds from last year's landfill abatement assistance
allocation have been expended pursuant to application documents.
In the past, the City has treated the Landfill Abatement Funding
assistance as a rebate similar to that available through the
Metropolitan Council. Therefore, the actual costs were certified
at the time of the request for payment of last year's allocation.
The request for payment covered the wood chipper and a portion of
the compost site signs. Both items were in last year's budget.
The current budget uses actual expenditures through August 31,
1986, and extrapolations of those costs to year end. Only the
organized collection study would extend beyond year end as the
City has only begun to explore the possibilities of this
alternative.
MATERIALS COLLECTED
The compost site was open for six weeks in the fall of 1985.
Before marketing of the material began this year, the reduced
pile was measured. The raw volume of the pile was r -educed by 208
to account for the shape of its crown. The raw volume was
multiplied by two to account for shrinkage. Based on these
calculations, it was determined that roughly 358 cubic yards of
raw material were diverted from county landfills in 1985.
Compost
Yardage
28 x 4 x 2 x
.80
= 179
cu.
yds.
Original
Material Abated
179
x 2
= 358
cu.
yds.
The site has been open since April, 1986, for collection of grass
clippings and garden wastes. Use has been lower during the grass
season due to the smaller quantity of ind.ividual wastes
generated. Due to the length of time the material has been on
site, a certain amount of decomposition has already occurred,
however, the reduction is not of the scale of full season
decomposition. Therefore, a multiplier of 1.25 has been used to
reflect. the actual quantity of material abated. Based on these
0
assumptions, the City estimates that 186 cubic yards of compost
material has been diverted from landfills so far in 1986. With
the higher profile of the program moving into the fall leaf
season, the City anticipates that use will increase dramatically.
Material Yardage 20 x 5 x 1 1/3 x .80 = 149 cu. yds.
Original Material Abated 149 x 1.25 = 186 cu. yds.
It has been more difficult to gauge the landfill abatement
resulting from the wood chipping program due to the difference in
compaction among the various sizes and kinds of wood products
accepted at the site. Disposal of wood products has been brisk
since April and a substantial amount of wood chips have been
produced by maintenance personnel. Staff has estimated the
amount of wood chip material generated and it may be possible to
extrapolate the quantity abated from that total. Currently,
there are roughly 196 cubic yards of wood chip material on site.
An estimated 35 - 40 yards have been removed for various projects
and 50 - 75 yards of unacceptable material has been removed and
used as fill material.
Wood Chip Yardage 7 x 7 x 5 x .80 = 196 cu. yds.
PUBLICITY
The City has used a variety of media in publicizing its waste
abatement activities. These are listed below:
City Newsletter
Press Releases
Feature Articles
Handouts
Cable T.V.
Postings at Retail and Public Buildings
• Church Bulletins
Mailings to Major Employers
Flyer in Local Paper
Maps
Signs
The City is constantly improving its publicity with respect to
solid waste abatement. As the program has matured, the City has
developed a library of resources and graphics which. can be
.readily transferred to distribution materials. The timing of
publicity has improved substantially as additional lead time has
been provided for the program's activities. The City is pursuing
a variety of alternatives in this area and would like to begin
using the local school system to educate children and publicize
the availability of program services. This has presented special
difficulties to the community because the school districts
overlap into other communities with other programs. Not all
Eagan students attend Eagan schools and not all students in Eagan
schools are Eagan residents. Therefore, an approach to this
education segment will require a concerted effort among the
communities in the area. 0
OTHER REVENUES
The City makes use of two funding sources in addition to Dakota
County Landfill Abatement Assistance. In 1985 - 86, the City
general fund applied roughly $4,,000 to the solid waste abatement
program. For 1986 - 87, the City portion is estimated to be
$7,532.50. The City also derives rebate funds from the
Metropolitan Council. In 1985 --86, it received $5,264 from this
funding source. In 1986 - 87, the City anticipates receiving
$6,272.50 from Metropolitan Council Land -fill Abatement Funds.
Currently, the program receives no other revenues as the need to
develop habit formation among site users suggests the need for
free services. Once habit formation has developed and compliance
rises, it will become necessary for the City to phase in user
fees for services and materials.
OTHER PROGRAMS
The City of Eagan has no other permanent public programs of its
own. However, it does sponsor a semi-annual. Clean -Up and
Recycling Day promotion at City Hall to allow residents to
dispose of recyclable and reusable wastes. In addition, the City
has issued a request -for -proposal for in-house office paper
recycling and it is in the process of analyzing its responses to
that request. In addition, the City helps publicize other local
recycling alternatives in its compost program publicity.
Overall, the City is moving forward to meet the Metropolitan
Council guidelines in a measured, conservative fashion. As the
programs under consideration come to fruition, the City
anticipates that it will begin to make a substantial impact on
the waste stream. In concert with Dakota county, it is hoped
that the targets can be met by 1990 and that the use of landfills
for mixed municipal solid waste can be ended.
•
EAGAN VOLUNTEER FIRE DEPARTMENT MONTHLY REPORT
FOR MONTH OF August 1986
WORK PERFORMED
TYPE MAN HOURS
Fire/Rescue 288
Training 313
Truck & Equipment Maintenance 139
Station Maintenance 128
Fire Prevention 25
Administrative 409
TOTAL
d
1,302
STATION #
9
6
Nights
3
3
0
MANPOWER
• Available Nights
Available Days
Available Days an
Available Rotating
On Leave
Rookies
FIRE/RESCUE.
TYPE
Structure'
Grass
Vehicle
False
Medical
Other
LARGE DOLLAR LOSSES
DATE NAME.
none
006109.101
0
21
NUMBER
8
1
11
10
4
3
TOTAL 37
LOCATION
STATION #2
12
5
4
1,
1
0
23
$ LOSS
5
0
1810
0
0
50
$1865
OCCUPANCY
STATION #3
9
3
0
en
0
0,
17
$ LOSS
REQUEST FOR COUNCIL REVIEW
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: ADMINISTRATIVE ASSISTANT HOHENSTEIN
f,
DATE: OCTOBER 28, 1986 j
SUBJECT: COUNCIL REVIEW OF FAA CORRESPONDENCE ON
RAGAN-MENDOTA HEIGHTS DEPARTURE CORRIDOR
Attached please find correspondence from Doug Powers, Air Traffic
Manager, at the Minneapolis/St. Paul International Airport. The
letter represents the FAA's current position on the Eagan -Mendota
Heights Departure Corridor. In summary, the letter indicates
that the FAA recognizes a fan between runway heading and 090
degrees magnetic as the edges of the corridor. That area is
depicted on the flight track map which is attached.
However, the concentration of traffic along the southernmost
tracks results in an Ldn contour which concentrates noise impacts
to the south portion of the corridor. The relationship of Eagan
and Mendota Heights residential areas to the contours is
illustrated in the second map which is attached.
It is apparent, that a better use of the corridor would be made
by shifting the concentration of traffic to the north slightly so
that the contours continue to avoid Mendota Heights neighborhoods
while being lifted from those in Eagan.
The second page of Mr. Power's letter is encouraging in that he
indicates that he will make an effort to utilize the middle of
the corridor more effectively. It is also encouraging that the
airport's consultant, Howard, Needles, Tammen and Bergendoff,
indicates that they are doing some additional analysis of
departure flight tracks to determine whether the contours, can be
made to lie between the two 'communities in a fashion that
equalizes the impact on each. Staff estimates place the optimum
heading to be somewhere between 105 degrees and 110 degrees, but
we will have to wait for the consultant's results to determine
whether such a modification can be effected at the tower.
If you have any questions about the letter or the memo, please
contact me.
AdV nisttative Assistant
Attachment q3
JDH/jeh
U.S.Department
of Transportation
Federal Aviation
Administration
October 23, 1986
Mr. Jon Hohenstein
Administrative Assistant
City of Eagan
3830 Pilot Knob Road
P. 0. Box 21199
Eagan, Minnesota 55121
Dear Jon:
Air Traffic Control Tower
6311 34th Avenue South
Minneapolis, MN 55450
• In response to your September 29, 1986 letter, the maps which you included are
a helpful method for identifying the residential areas of Eagan with respect
to the final approach course or centerline for runways 29 left and 11 right.
As a newcomer to the question of noise in the metropolitan area, I continue to
seek some of the history behind the procedures and definition of the easterly
"corridor."
In an effort to familiarize myself with the definition of the "corridor" I
have had indepth conversations with Les Case, Jeff Hamiel of MAC and several
members of MASAC concerning this subject. These conversations, along with
consultations with members of my staff, indicate to me that the original noise
program for noise reduction over Eagan was and remains as follows: aircraft
remain north of the extended centerline of runway 29 left when departing
runway 11 right and south of 0900 when departing runway 11 left for a distance
of three (3) nautical miles from the departure end of the runway in use. The
'boundaries. of. the "corridor" are magnetic bearings of 0900:from the southeast
® end of runway 11L/29R and 117.40 from the southeast end of runway 11R/29L.
A 1050 departure heading was and still is used when traffic permits to provide
a buffer to the south boundary of the corridor. Widespread use of this
procedure worked very well until the effects of deregulation were felt in 1983
and the increased volume necessitated fanning traffic when it began to affect
the City of Mendota Heights to your north. In order to give Mendota Heights
relief, the 1050 departure heading was adjusted southward and a heading
assigned which would keep traffic on or north of the 29L localizer during the
hours of peak traffic volume. Without this adjustment aircraft departing the
north parallel runway and assigned a heading of 0900 would, under -most wind
conditions, drift north of the' northern edge of the departure corridor.
Separation standards require 150 divergence between departures. Consequently,
in order to keep departures off the north parallel within the northern limits
of the corridor we must adjust departures off runway 1111 southward.
Edward Warren: First American Aloft
z
We can appreciate the impact a runway heading for 11R departures would have on
the areas of Eagan which are very close to the southern limits of the
corridor. However, if we do not make effective use of the full designated
"area we either push noise north of the northern limits into Mendota Heights or
we adversely effect air traffic system capacity.
During periods of light to moderate traffic and when weather or other factors
which effectstandard separation exist I believe the use of the heading of
1050 can and should be used. I fully intend to monitor the use of the full
corridor and we will make efforts to insure that the full extent of the
corridor is not used indiscriminately.
As always you are invited to contact me should you have any further questions.
Air Traffic Manager
73
•
HAUGE, EIDE & KELLER, P. A.
ATTORNEYS AT LAW
WATER VIEW OFFICE TOWER, SUITE 303
1200 YANKEE DOODLE ROAD
EAGAN, MINNESOTA 55123
PAULH.HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
DEBRA E. SCHMIDT
Thomas Hedges
Eagan City Administrator
3830 Pilot Knob Road
Eagan, MN 55121
RE: Airport Noise Complaints
AREA COOE 612
TELEPHONE 456-9000
454-4224
October 20, 1986
Dear Mr. Hedges:
® At this time I am writing to further update you regarding our review of
nuisance complaints made by Mr. Roger Sperling and others relating to
excessive noise from air traffic overflights by their landing or taking off at
the:Minneapolis-St. Paul International Airport. At the time,,I,do not intend.
this letter to be a recommendation as to how to proceed. Prior to making such
a recommendation, it will still be necessary to (a) make an assessment as to
the cost in attorneys fees and independent acoustic testing at various points,
in the City of Eagan, (b) discuss our intentions with, and gain additional
input from, other individuals having information in this area such as Mr.
Kelso of the Minnesota Pollution Control Agency, and Mr. Dick Gunn, to whom
you have referred me, (c) to determine how the City Council would like us to
proceed.
With respect to the last issue, City Council direction, the Eagan City Council
did in 1985 authorize our office to proceed to prosecute the appropriate
individuals or agencies for public nuisance violations due to'excessive
I airport noise. Due to the lack of continuing and specific complaints from
residents, upon which prosecution could be commenced, no charges were brought
in 1985. There is no question that such a prosecution will be extremely
costly and time consuming and may jeopardize ongoing negotiation efforts to
come to a resolution of these problems. Our office feels it would be
inappropriate to commence the prosecution of a public nuisance complaint
without again receiving council direction.
ACOUSTIC TESTING
To prosecute a public nuisance complaint, specific data will be necessary to
support the complaints of the residents that noise levels are excessive. It
has been suggestedthat this testing could be done by the Minnesota Pollution
Control Agency or could be done by independent testing firms. There has been
concern that the Pollution Control Agency may not be sufficiently independent
from the Metropolitan Airport Commission to provide totally unbiased testing.
Moreover, it appears that the Pollution Control Agency is involved in a
testing project in southeast Minneapolis which would prevent a substantial
testing effort in Eagan for some considerable period.
MOO'
Thomas Hedges
October 20, 1986
Page 2
The Pollution Control Agency did obtain testing results during the summer of
1986, however, the rough data has not been compiled as of yet. Some of the
testing was done with the Metropolitan Airports Commission and some of it done
independently, and it does not appear that this information will be available
until the spring of 1987, if at all.
It isthereforerecommended that an independent testing firm be utilized to
provide data in support of the complaint.
VALIDITY OF A PUBLIC NUISANCE COMPLAINT
We are of the opinion that a public nuisance complaint could be brought
against an appropriate individual or agency if excessive noise exists. The
most analogous situation occurring in the State of Minnesota is the case of
State of Minnesota vs. Reserve Mining Company, wherein it was held that the
emission of asbestos fibers in the air and water constituted a public
nuisance. Moreover, noise, odor or vibration caused by air flights can
support liability under a nuisance theory. Greater Westchester vs. City of
Los Angeles, 26 Cal. 3rd 86, 160 Cal. Rptr. 733, 603 P'. 2d, 1'329 (1979).
WHICH AGENCIES SHOULD BE CITED
It is clear that the Metropolitan Airport Commission (MAC) does have the
authority, even in light of the control of air flights by the FAA and even in
light of the need for interstate travel and commerce, to enact regulations to
limit noise from aircraft. Those regulations must be reasonable, nonarb'itrary
and nondiscriminatory, British Airways Board vs. Port Authority of New York,
558 F.2d 75, 85 (2d Cir.1977). However, those regulations cannot limit access
to the airport by air carriers. City of Burbank vs. Lockhead Air Terminal,
(1973) 411 US 624, 93 S.Ct. 1854,-36 L.Ed.2d 547, and the Airline Deregulation
Act of 1978. However, within that context, the local operating agency of the
airport, MAC, maintains the ability to exercise reasonable and
nondiscriminatory proprietary control over land use planning, design, location
of runways, aircraft noise limits and curfews.
MAC has adopted noise contour zoning regulations and has informally adopted
the corridor system over Eagan and Mendota Heights. If there are reasonable
alternatives to the overflights over residential areas, MAC has authority to
adopt these regulations and it would appear they could be cited for public
nuisance for failing to do so.
It is further our opinion that the FAA could be cited only if it can be shown
that the controlling agency's (MAC) efforts to resolve the problems created by
excessive air carrier noise were being impeded or directly opposed by the FAA.
Thomas Hedges
October 20, 1986
Page 3
WHAT IS EXCESSIVE NOISE
Before proceeding to prosecute for public nuisance, it must first be
determined what is excessive noise. The most compelling definition is that of
the impact upon individuals such as those cited in the Greater Westchester
case where it "interfered with person to person conversation in the home . . .
(with) normal telephonic communication, with the ability to enjoy the use of
the out of doors portion of their property and . . . to hear and enjoy
television programs-; such noise caused frequent arousal from sleep and, in
some cases, interfered with the ability of . . . school age members of the
families.to study in their homes." This, of course, would have to be
supported by appropriate acoustic testing.
I am of the understanding that the Minnesota Pollution Control Agency wishes
to avoid a direct confrontation with the airport on this issue, however,
Pollution Control standards could be used as a basis for a citation for public
nuisance. However, I am concerned that any injunction for a violation of a
Pollution Control Agency standard must be brought by the State Attorney
General's office. As a citation for public nuisance may have the affect of an
injunction, this may be required (Minn. Stat. Section 115.071(4)). It may
therefore be necessary or appropriate to request the State Attorney General's
office to handle this case and I consider it doubtful that they would want to
get involved in the case as it will likely effect other communities through
the reallocation of landings and take—offs under the preferential runway
system.
Finally, there may be other noise standards which could be adopted for this
purpose.
-0' CONCLUSION -
We are not making a recommendation at this time to proceed. However, the
prosecution for,a public nuisance violation does appear to be viable if the
limitations upon air traffic which would result would not limit access to the
airport by interstate air carriers. If the effect of the imposition of noise
standards would be to so severely restrict flights into and out of the airport
that access would be restricted to interstate air carriers, and it is unclear
how much authority the airport operator has to respread flights from peak
demand periods, then the only option available to the residents would be
through inverse condemnation.
We will attempt to continue to advise you in this matter.
Very truly yours,
HAUGE, EIDE 6 KELLER, P.A.
H 60
Kevin W. Eide
KWE:ras/