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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) ADDRESS 1• CIyA�GE,S T. .1 E4SiNrc� ��� 3go4 •nEti/fY�fFA2lC /.� /E' 2, �C)L11Se C. WCSSihaPr of %y 3./ -,;T J o 4. 5. c, 6, 7. 8. 9. 10. 11. 12. 3%y ehn�, rk„C;�, �C1�1�nri( Ci' L -- C, i Ci F s 77P �✓�/�/iZ'lGr�� C� • � . 3Z % 7 E NAME(PLEASE PRINT AND INITIAL) ADDRESS L/K 7-1 c. -062,41c-.i AIX I Ali 3-71,S- bi C2,) . 13 e,4 IL/ S. ?c- 77-9N P 5 r 3)-711 O -P Yl P7- k 0- r' - .. L, f (-) //,, 1 C- f -37/9 I / I . JA.tIZ4 J, 3-71I_ ILL L, 01-9 NAME(PLEASE PRINT AND INITIAL) ADDRESS 32.nn 35. 36. 37. 371/7 4xm�11,11,L/C -/p- �/ 4i, 38 ---------- 14 .... 4ew 4 4 45. 3 Y 46 A 48./ 49. vv, 50. NAME(PLEASE PRINT AND INITIAL) 51 0;` ADDRESS d n A"A 53. ly 54. 55. 56. 057 58. 59. 6o. 62. 63. 64. 65. C 60. 7h/�-J C:o 69. 70. 67._ Id C 60. 7h/�-J C:o 69. 70. p". 1. sl � i �.. — - 'r'{'=:. }:S 1":•i:•}�..'eeF<}•� rY:=�y=wiF':: � 3 lam• � �c� b� :: • .::. _ ___IIL—Irfrrrrr'Q.w �¢j� f� r •j1� _ }:;i;:'ia•:•}:{{ \� '}uti{•}::•-{:•.' 1 R•>}:.:: ?'.`.;• •'•:'•i:: •`�T;::}:;: 15,1... }y'a'•.: : ,� -4 }vr}'r}Yi: •: � e !••••'' ti...L.�:}}�.i sy •.' ✓..:.�:::. ,s '.:�.i; C � S-':{}••'�••'vi. .i{4::•il•. a ryz .K -d "'mow �•• • Q �' � N p %' �\r�}: :fif':.:4^ ..s�:}}:•Yai ..... ..:.:�. OVISIOH 16. i x 1 _ -,k /" t dog z Do WESCOT .e•100 T „ I ROAD w�•• M Z, u -..\..\ � .. r..•�r • rk�r I t it „ I II 1 ry I Aw!d 1 �• •i \ I 11 I. 1•I�,•11 Y `• r 1so'r F �yw• , -�- `fry . o \ tnfERCLI F•tib. ° Ri 11 — s — IDO"a•` u , r 1 • t 1 e to 1 •' �_� �. u nn q � v11 11 1 1 , t . t . r � .i It- YCAP cc IN /It d • IZ � It 17j= 11 yi I• � •. w � • r ,�•• � . � .5 , t ,' , 11 ul 3 , y IO j/•- 1I to .f. 1`� r. + tl RESTtA—...r;-- R id e j � n • • .. i . � � •L off' fS •'. � . wiN / op q ��. � � war � �,►+� 1 . , 0/T� o / � I ON OUIIOT i •uTIUT • 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 _ F %OLLA I oLa V�`oi Cl°4^' rq L°'e 9 x .tt F e a pi 2 Y` NESS901NT^+� r 1064 Oj aTP �{, B 412 a� ♦ . ,yy' an 3j-FF' Ht ..Z-36 SATNNE-BEABBUISTr INC, �j LOCATION MAP SEC 27. S.A. 27, ROES] e � .. wILQjNJ/E .SITE T H. ❑G"OLF m°OUTLOT O Y V'O L.N OUTLOT I f e STPy d� Z�yg e`d ETiI PNO .� NO RISE. 100 SO 0 SO 100 [OJ E Bls `�y(OS 6 - E tB dr•uT d....W E T _ suL® Epp>IXeOdEL � � pNU EPSE�d' _ ppp e UT LL q,_.Z[s '•' TME EAST LINE OF LXE SI/I OPTXE NEv. of TRE SWVA OF SEC,27 TVP 27RDE, 23 IS gQ S: - 2C BOry `e ASSUMED TO BEAR O.00 STE BODo�M° s„,r 'Lr •+y3 j' ql 22 J [: O DENOTES MBNCR N 1.NCX I AG. PIPE 1 B J SET B MARKED By LICENSE N0.7725 �a''L� 16.:J t.d,,r •�-t-�� 2091_21° r,A F 23 8.t DRAINAGE AND UTILITY EASEMENTS ARE CURVE i"" •"S"—"—S il < 24 B I WILOE r 1 4 'x29s e2B"g 27e a26j 25 : 1. p BEING S f[El M w Dix, UN` ESS OTXERN SE 32 E `NSI 30„q . ,1. OICAI Eo ND ADJax N¢ OTL LIN AND IO FEET 1. A'OI n AND AOMXNG STREET LNES,AS SHORN ON TME PLAT .,: i, IirtA lar uiJlm •. •, R T I. nI RECEIVED 0 C i 3 �g3g 2 OF 2 SHEE 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/ } 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. .1 E4SiNrc� ��� 3go4 •nEti/fY�fFA2lC /.� /E' 2, �C)L11Se C. WCSSihaPr of %y 3./ -,;T J o 4. 5. c, 6, 7. 8. 9. 10. 11. 12. 3%y ehn�, rk„C;�, �C1�1�nri( Ci' L -- C, i Ci F s 77P �✓�/�/iZ'lGr�� C� • � . 3Z % 7 E NAME(PLEASE PRINT AND INITIAL) ADDRESS L/K 7-1 c. -062,41c-.i AIX I Ali 3-71,S- bi C2,) . 13 e,4 IL/ S. ?c- 77-9N P 5 r 3)-711 O -P Yl P7- k 0- r' - .. L, f (-) //,, 1 C- f -37/9 I / I . JA.tIZ4 J, 3-71I_ ILL L, 01-9 NAME(PLEASE PRINT AND INITIAL) ADDRESS 32.nn 35. 36. 37. 371/7 4xm�11,11,L/C -/p- �/ 4i, 38 ---------- 14 .... 4ew 4 4 45. 3 Y 46 A 48./ 49. vv, 50. NAME(PLEASE PRINT AND INITIAL) 51 0;` ADDRESS d n A"A 53. ly 54. 55. 56. 057 58. 59. 6o. 62. 63. 64. 65. C 60. 7h/�-J C:o 69. 70. 67._ Id C 60. 7h/�-J C:o 69. 70. p". 1. sl � i �.. — - 'r'{'=:. }:S 1":•i:•}�..'eeF<}•� rY:=�y=wiF':: � 3 lam• � �c� b� :: • .::. _ ___IIL—Irfrrrrr'Q.w �¢j� f� r •j1� _ }:;i;:'ia•:•}:{{ \� '}uti{•}::•-{:•.' 1 R•>}:.:: ?'.`.;• •'•:'•i:: •`�T;::}:;: 15,1... }y'a'•.: : ,� -4 }vr}'r}Yi: •: � e !••••'' ti...L.�:}}�.i sy •.' ✓..:.�:::. ,s '.:�.i; C � S-':{}••'�••'vi. .i{4::•il•. a ryz .K -d "'mow �•• • Q �' � N p %' �\r�}: :fif':.:4^ ..s�:}}:•Yai ..... ..:.:�. OVISIOH 16. i x 1 _ -,k /" t dog z Do WESCOT .e•100 T „ I ROAD w�•• M Z, u -..\..\ � .. r..•�r • rk�r I t it „ I II 1 ry I Aw!d 1 �• •i \ I 11 I. 1•I�,•11 Y `• r 1so'r F �yw• , -�- `fry . o \ tnfERCLI F•tib. ° Ri 11 — s — IDO"a•` u , r 1 • t 1 e to 1 •' �_� �. u nn q � v11 11 1 1 , t . t . r � .i It- YCAP cc IN /It d • IZ � It 17j= 11 yi I• � •. w � • r ,�•• � . � .5 , t ,' , 11 ul 3 , y IO j/•- 1I to .f. 1`� r. + tl RESTtA—...r;-- R id e j � n • • .. i . � � •L off' fS •'. � . wiN / op q ��. � � war � �,►+� 1 . , 0/T� o / � I ON OUIIOT i •uTIUT • 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 _ F %OLLA I oLa V�`oi Cl°4^' rq L°'e 9 x .tt F e a pi 2 Y` NESS901NT^+� r 1064 Oj aTP �{, B 412 a� ♦ . ,yy' an 3j-FF' Ht ..Z-36 SATNNE-BEABBUISTr INC, �j LOCATION MAP SEC 27. S.A. 27, ROES] e � .. wILQjNJ/E .SITE T H. ❑G"OLF m°OUTLOT O Y V'O L.N OUTLOT I f e STPy d� Z�yg e`d ETiI PNO .� NO RISE. 100 SO 0 SO 100 [OJ E Bls `�y(OS 6 - E tB dr•uT d....W E T _ suL® Epp>IXeOdEL � � pNU EPSE�d' _ ppp e UT LL q,_.Z[s '•' TME EAST LINE OF LXE SI/I OPTXE NEv. of TRE SWVA OF SEC,27 TVP 27RDE, 23 IS gQ S: - 2C BOry `e ASSUMED TO BEAR O.00 STE BODo�M° s„,r 'Lr •+y3 j' ql 22 J [: O DENOTES MBNCR N 1.NCX I AG. PIPE 1 B J SET B MARKED By LICENSE N0.7725 Va°L 1 16„J y +fl,r •� -t-� � 2091 _ 21 � ° r,A F 23 8.t DRAINAGE AND UTILITY EASEMENTS ARE CURVE i”" •"S"—"—S il < 24 B I WILOE r 1 4 'x29a FEET OX2625 BEING S UNLESS32 3 I DA¢LxTERN SE MOI'AED,ANC NOTESAND IO FEE A'OI n AND AOMXNG STREET LNES,AS SHORN ON TME PLAT .,: i, IirtA lar uiJlm •. •, R T I. nI RECEIVED 0 C i 3 �g3g 2 OF 2 SHEE 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/