11/18/1986 - City Council RegularADMINISTRATIVE AGENDA
REGULAR CITY COUNCIL MEETING
EAGAN, MINNESOTA
NOVEMBER 18, 1986
INFORMATIVE
CITY
ATTORNEY
Item
1.
O'Neil vs City of Eagan Lawsuit
Item
2.
Good Value Homes, Inc., vs City of Eagan
1 'y
!kU
`
CITY
ADMINISTRATOR
Ey
Item
1.
Comprehensive.Guide Plan Designations
1�
if
Item
2.
Cultural Center Designation for Tony Caponi Property
i�
i
DIRECTOR
OF PUBLIC WORKS
Item
1.
Snow Plow Contract Award
Item
2.
Contract 85-K, Final Acceptance (Lone Oak Addition
- Streets and Utilities)
Item
3.
Receive Feasibility Report (Pilot Knob Road - Street
Improvement
Item
4.
Status of Streets,, Contruction Season Shutdown
Item
5.
Traffic Impact Analysis Studies.
INFORMATIVE
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM2- CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 17, 1986
SUBJECT: ADMINISTRATIVE AGENDA AND INFORMATIVE ITEMS
CITY ATTORNEY
Item 1. O'Neil v. City of Eagan Lawsuit --The City has received
notice from the law firm of Petersen, Tews and Squires requesting
Production of Documents and Plaintiff's First Set of Interrogatories
regarding the O'Neil v. City of Eagan lawsuit. A copy of the notice
is enclosed without page number. The City Administrator and City
Attorney have met and discussed the volume of information that is
being requested and determined that on.e (1) November 20 is not a
reasonable date in which the staff can react and prepare all the
documentation and two (2) there will be a strong recommendation made
that an attorney from the firm of Petersen, Tews and Squires r►
physically meet with a designated employee of the City and go
through the files and specify as to which documents should be
copied. PUD files contain lengthy agreements, large maps and other
documents which would be very expensive and timely for the City to
reproduce. Much of that information would be frivolous to the
lawsuit and hopefully won't be necessary for reproduction. The City
Attorney may provide some advice regarding the lawsuit.
Item 2. Good Value Homes, Inc. v. City of Eagan --The City has
received a petition for Writ of Mandamus from Good Value Homes
asking the court to direct the City of Eagan to approve the proposed
p'la't of JohnnyCake Ridge, 5th Addition. Enclosed on pages "i
through 111 is a copy of this document. The City Attorney wi 1
provide some comments on this petition.
CITY ADMINISTRATOR
Item 1. Comprehensvie 'Guide Plan Designations -Mayor Blomquist is
suggesting that consideration be given to an inclusion of the Dl
with all the D,2 designated areas on the Comp Guide Plan map. All
existing D1 designations would remain the same, however a D1 would
be added to all D2 designations that are currently included on the
map. This would provide a greater flexibility for the Advisory
Planning Commission and City Council to encourage more single family
detached hou's'ing concurrent with the D1 regulations. The new desig-
nation on the map for all D2 designated land could read D1/D2.
Mayor Blomquist will further discuss the concept at the meeting on
Tuesday.
ACTION TO BE CONSIDERED ON THIS ITEM: Consideration to provide
staff direction in anticipation of the December 9 hearing.
Item 2. Cultural Center Designation for Tony Caponi Property --On
November 8., Mayor Blomquist and City Councilmembers Ellison and
Wachter along with the City Administrator and Director of Parks and
Recreation had an opportunity to hear Tony Caponi's proposed concept
of developing his 20 acres on the north side of Diff ley Road as an
Arts and Cultural Center. This center would be kept in its natural
form emphasizing a freedom of art expression with the natural blend
of the existing nature and aesthetic value of the property. The
Advisory Parks and Recreation Commission also had an opportunity to
tour and hear Tony's story on the same day. Mayor Blomquist has had
conversation with the business community, mainly representatives of
the Chamber of Commerce and they have expressed excitement and a
willingness to invest-igate further the concept of financing of such
an idea. Mayor Blomquist has suggested that consideration be given
to the appointment of an ad hoc committee such as a "Committee of
the Arts" that could further investigate Mr. Caponi's concept and
determine the feasibility of creating a foundation that could
possibly acquire and develop the property as a public entity. Mr.
Caponi stated on November 8 that he was planning to write a letter
regarding his intentions .and submit the same with the City. If the
City Council desires, the Chamber of Commerce could be contacted to
work on the idea and if there is community support, the foundation
could become a reality. If there is no support, the City Council
will need to evaluate its own financial committment to such
proposal.
ACTION TO BE CONSIDERED ON THIS ITEM: To give consideration to a
formal contact to the Northern Dakota County Chamber of Commerce to
determine whether a group of business leaders wish to pursue a
Committee of the Arts and investigate the feasibility of
establishing a foundation that would purchase and/or develop the
Caponi property as an art center.
Special Note: This ad hoc committee would be made up of a cross
section of people from all walks of life including possibly a
Council member and a member or two of the Parks and Recreation
Commission so the City had definite input into the process. The
Director of Parks and Recreation is working on behalf of the Parks
and Recreation Commission on some ideas that he was directed to
pursue as a result of their meeting with Mr. Caponi on November 8.
These ideas should be coor-dinated with any effort as made by this ad
hoc committee,
DIRECTOR OF PUBLIC WORKS
Item 1. Snow Plow Contract Award --On November 10, the City received
quotations from private contractors to perform snow removal
operations on one main line and one cul-de-sac route in the
southwestern portion of the City. Although 17 contractors received
copies of the quotation request form, only one submitted a bid.
Enclosed on pages /yy through /7,3 is an analysis of the bids
performed by Street Superintendent Arnie Erhart. Due to the lack of
any economically feasible alternate, the staff is recommending that
we proceed with Alexander Construction at the rates submitted,
ACTION TO BE CONSIDERED ON THIS ITEM: Award the snow plowing
contract to Alexander Construction for the 1986-87 season and
authorize the Mayor and City Clerk to execute all related documents.
//3
Item 2. Contract 85-K, Final Acceptance (Lone Oak Addition -
Streets and Utilities) --Contract 85-K provided for the installation
of streets and utilities within the Lone Oak Addition servicing the
Northwest Airlines Corporate Headquarters facilities. All final
inspections have been performed by representatives of the Public
Works Department and found to be in order for favorable Council
action of formal'acceptance for perpetual maintenance.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve Contract 85-K (Lone
Oak Addition - Street and Utilities) for final acceptance and
perpetual maintenance.
Item 3. Receive Feasibility Report (Pilot Knob Road - Street
Improvement) --Enclosed without page number is a preliminary draft of
the Feasibility Report being reviewed by staff to be presented at
the informational hearing held on December 3 regarding the improve-
ment of Pilot Knob Road. It would be appropriate for the Council to
review this report in detail and provide any comments or concerns to
the Public Works Director's attention as soon as .possible so that
revisions can be made prior to the public information and subsequent
public hearing meetings.
Item 4. Status of Streets, Construction Season Shutdown --Yankee
Doodle Road from Trunk Highway 11 to Federal Drive have the first
two lifts of bituminous surfacing installed over the past weekend
and will be completed, striped and opened to traffic by November 19-
20. However, that portion of Yankee Doodle Road from Denmark Avenue
to Lexington Avenue is very questionable due to the inabiilty to
complete the installation of curb and gutter prior to the extensive
hard freeze recently encountered. The Public Works Director will be
meeting with the County on Tuesday, November 18 and will provide the
final update at the Council meeting.
NiC01S Road will have its first two bituminous Lifts installed the
first pa -rt of this week and should be opened to traffic by November
21 with final construction being performed during the spring of
1987..
Due to the inability to complete all utilities allowing the
installation of concrete curb and gutter before the extensive hard
freeze, Wescott Road will not have any bituminous surfacing
installed this year and will be maintained in a gravel road
condition until the spring of 1987.
Highview Avenue was not able to have the concrete curb and gutter
installed prior to the extensive hard freeze due to the requirement
to install several sewer and water services for existing and
possible future buildable lots. This segment will have to be
maintained in its current gravel road position until spring of 1987.
With the exception of Yankee Doodle Road from Denmark Avenue to
Lexington Avenue, there should be no road closures and detours
carried through the winter season. The Public Works Director will
be able to provide an update on the these and any other construction
projects that may be of concernatthe Council meeting on November
18' . / ,TL
Item 5. Traffic Impact Analysis Studies --As a part of the 1987
budget preparation process, the Public Works Director requested
financial' authorization to prepare a comprehensive thoroughfare/
transportation plan for the City of Eagan. In consideration of
funding allocations, the Council requested preparation of a "Scope
of Services" with related cost estimates of various aspects of this
comprehensive plan. However, during the processes of defining and
delineating the detailed information necessary to receive an
accurate cost estimate for the comprehensive plan preparation,
several large development proposals are being processed through the
City which need immediate and detailed traffic impact analysis
and/or review of the applicant's traffic generation/distribution
information. The time frame associated with preparing the Scope of
Services and referenced request for proposal (RFP), it would
preclude the ability to perform a detailed traffic impact analysis
in a timely manner on the following current development proposals:
1. I-35E/Diffley Center (Bietter Company)
2. Oak Hill Farms (Chuck Hall)
3. Stafford Place (Frontier Midwest)
4. Rosemount District 196 High School Site 4
5. Pond View (Thorson Cornwell)
6. Northwest Aerospace Training Facility (Northwest and
Wachovia)
Therefore, the Public Works Director would like to receive direction
from the Council regarding whether the City should initiate the
traffic studies for these various developments to define the size
and location of future collector/arterial road improvements or
whether the developer should perform their own traffic analysis for
review by a City retained traffic engineering specialist consultant.
It is anticipated that a majority of the cost for these
transportation studies would be billed back to the applicants
proposing the aforementioned projects.
It would be desirable to be able to rely on one or two technical
traffic engineering firms who are not affilitated with any of the
proposed developments for performing or reviewing these Traffic
Impact Analyses. This would also eliminate potential duplicity in
incorporating this information in the master thoroughfare plan.
ACTION TO BE CONSIDERED ON THIS ITEM: Provide appropriate direction
to staff regarding Traffic Impact Analysis studies.
INFORMATIVE
SPLASHLAND PROJECT
The City received a letter from Splashland Limited Partnership
indicating that they are not planning to proceed with their project.
Turn to page for a copy of their letter.
PUBLIC OFFICIALS AND EMPLOYEES LIABILITY NOTICE
The City has received notice of intention not to renew the Public
Officials Employees Liability Insurance effective January 6, 1987.
The reason given by International Surplus Lines Insurance Company is
due to claims active in the file. The Director of Finance is
discussing the matter with Bruce Medvec and will advise soon on
other options for insurance given the budgetary approval for 1987.
UNION PROPOSAL FOR EAGAN POLICE ASSOCIATION
Attached without page number is the list of demands for a one year
contract proposed by the Eagan Police Association. The City
Administrator would like some direction on this item at the regular
City Council meeting or at the workshop session on November 24.
LMC CONFERENCE PLANNING COMMITTEE 87 AND NOTICE OF VACANCIES AND
The City Clerk's office received notification of openings on the LMC
Conference Planning Committee for 1987. Even though that committee 4
has had a meeting last week, it is possible to be appointed as a
member of the committee if any member of the City Council would like
to be involved. Also enclosed is a memo listing the notice of
vacancies and multi -member State Agencies. If any member of the
City Council would like to seek appointment to one of these agencies
please notify this office and we would be more than 'happy to assist
in any way possible.
City Administrator
114
STATE OF MINNESOTA
COUNTY OF DAKOTA
C � C laM ` . nal $ C)lf A10
DISTRICT COURT
0 FIRST JUDICIAL DISTRICT
as
Good Value Homes, Inc.,
VS.
City of Eagan,
Petitioner,
Defendant.
TO: City of Eagan
ALTERNATIVE WRIT
OF MANDAMUS
-E`K OF OiS T RiC MUM
DAKOTA COUNTY, MINN.
L E
—
NOV 12 1986
NUuEfl W SAM—, CLEflS
DEPUTY
. Having reviewed the attached petition for a Writ of
Mandamus, and acting, in accord with the powers granted in
Minnesota Statutes Chapter 586, the undersigned hereby
orders as follows:
1.
The City of
Eagan shall furtherwith grant approval
of Petitioner's
proposed plat of Johnny Cake
Ridge, 5th
Addition, or, in the
alternative;
2.
Defendant,
City of Eagan, shall
show cause before
this Court
at �.•�'�' A.M. on the
day of
.Ps:L'S'.Mbre-
, 1986, as to why a
peremptory Writ
should not
be issued.
This Writ may be
served on Defendant
by leaving a copy
thereof
with either the
Mayor or Manager of the City of
Eagan.
Dated: Mall: 1 Fid
/17
-
Distr t Court Jui �;
µ
STATE OF MINNESOTA
COUNTY OF DAKOTA
Good Value Homes, Inc.,
VS.
City of Eagan,
Petitioner,
Defendant.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
PETITION FOR
WRIT OF 'MANDAMUS
Comes now Petitioner, Good Value Homes, inc., and for
its Petition for a Writ of Mandamus, states and alleges:
I.
This Petition is brought pursuant to the powers granted
in Minnesota Statutes, Chapter 586.
II.
Good Value Homes, Inc., (Petitioner) is a Minnesota
Corporation engaged in the development of residential real
estate.
III.
The City of Eagan (Defendant) is a Municipal Corporation
located in Dakota County, Minnesota.
IV.
Petitioner is the owner of certain real estate, legally
described as,•
Outlot S, Johnny Cake Ridge 4th Addition, according to
the map or plat thereof on file or of record in the
office of the County Recorder in and for Dakota County,
Minnesota. d
�� 0
all lying within the boundaries of Defendant, City of Eagan
and -,subject to the provision of Chapter 11 of the Eagan City
Code (Exhibit "A"), entitled "Land Use Regulations (Zoning)".
V.
Under Defendant's City Code, Petitioner's property is
zoned R-3 Townhouse. (See Exhibit "B" - City of Eagan
Zoning Map)
VI.
During the summer of 1986, Petitioner submitted an
application to Defendant requesting that said Outlot B be
platted as Johnny Cake Ridge 5th Addition. (See Exhibit "C")
VII.
On August 12, 1986, the Defendants Planning and Engineering
Department issued a report on the proposed'plat.• (See
Exhibit "D"). Said report makes the following findings:
1. "Twelve additional units give the Outlot an overall
density of 70/units/acre, well within the 6-12
range permitted in R-3 districts." (Emphasis
added)
2. "These 1056 S.F. (main level) buildings will be
architectually the same as others in the area."
(Emphasis added)
3. "The,applicants grading plan appears feasible and
in accordance with City Codes, the grading will
not significantly impact any existing drainage
patterns and should not be a problem."
4. "Utilities of sufficient size, capacity and depth
exist to provide service to this proposed
development."
/f�
S. "Staff does not see any need for any additional
easements for this development."
6. "No permits are required because this development
only proposes on extending services and not
constructing any main lines."
The City staff recommended approval subject to certain
standard platting conditions. The Petitioner has, at all
times,, agreed to fulfill to recommended conditions.
VIII.
On August 26, 1986, the City of Eagan Planning Commission
voted to deny Petitioner's proposed plat. In doing so, they
gave no reasons relating to either platting or zoning
requirements. (See Exhibit "E")
IX.
On September 16, 1986, the Eagan City Council voted to
deny Petitioner's proposed plat. In doing so, they cited
reasons completely contrary to the findings of their own
City planning staff and engineer. (See Exhibit "F")
X.
Petitioner further affirmatively alleges that its
proposed plat of Johnny Cake Ridge 5th Addition complies in
every respect with all applicable City of Eagan ordinances
and state laws. No variances or permits were requested or
needed. In denying Petitioner's request the City of Eagan
has acted in an arbitrary and capricious manner, contrary to
its own ordinances and the law of the State of Minnesota.
WHEREFORE: Petitioner prays this Court for a Writ of
Mandamus directing the City of .Eagan to approve the proposed
plat of Johnny Cake Ridge 5th,Addition.
I"
-3-
Further, Petitioner prays for the order of this Court
directing the City of Eagan to pay Petitioner's attorney's
fees, costs, and disbursements herein.
Respectfully submitted,
STEFFEN & MUNSTENTEIGER, P.A.
44,(/4. l
Richard A. Beens
Attorney for Petitioner
Attorney I.D. No. 6105
4.03 Jackson Street, Suite 301
Anoka, Minnesota 55303
(612) 427-6300
Dated: It - I)- - `rC,
L
The above Petition is true and correct to the best of
my knowledge.
\ Nice President
Subscribed and swore to
before 7V�/�his
-day of /V0Ve41 U 1986.
otary Public
.AAAAnAAWNpnnu•AAAAr AMA/%%AAAA. .
a
$ems MAMLYN E. HEIKES •
\� ;:r��.,.,:. �,Li NOTAflY PUBLIC - IAIN P:ESOTA
ANOKA COUNTY S
My Commission Ea plres lU:•: ° C219"9
/V/
TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS
FROM: AR.NIE ERHART, SUPERINTENDENT OF STREETS 6 EQUIPMENT
DATE: NOVEMBER 14, 1986
RE: SNOW PLOWING CONTRACTS
Tom,
After receiving only one bid from Alexander Construction,
I have contacted most of the contractors that specs were sent
to. the following are some of the reasons they gave for not
bidding:
1. Too many contracts or obligations
A. Agreements with.Apple Valley, Burnsville, St..
Paul, Minneapolis, parking lots, etc.
B. Because of growth in this area many contractors.
have more private plowing contracts.
2. Not enough equipment. 4
A. No backup equipment if breakdown occurs.
B. Only one piece of equipment.
3. Not enough drivers
A. Manyoperators:from Northern Minnesota who do not
want to travel down .for 1 day's work.
B. Most personnel on unemployment compensation.
4. Too far away
A. Too much travel time.
B. No place to keep equipment near plow route.
5. Bidding date
A. Too late in the year - they already signed con-
tracts with other municipalities or private
companies in September and October..
6. 'Not enough profit
A. Only '10 to 12 hours work as compared to 20 hours
or more with private parking lots.. (Met Center,
Southdale, etc.)
B. Some preferred lump sum payment each time they
plowed. (City of St. Paul $50.00 a cul-de-sac)
C. After paying for insurance, interest on equip-
ment and other fixed costs some contractors pre-
fer to shut down in the winter.
7. Insurance requirements
A. Smaller operators said insurance rates were too
high or too hard to obtain.
/L7�
Snow Plowing Contract
Page 2
I think the bid we received from Alexander is reasonable
because the grader rate ($55.50/hr.) is $16.00 an hour less
than what the City charges and the loader rate ($6'8.5'0) is
$3.00 an hour less.
The only disadvantage is that they do not have a wing
for the grader which will increase the number of passes it
will take to clear the streets. After talking to Alexander
Construction, they do not feel it would pay for them to invest
approximately $6,000.00 for a wing.
They could use their loader in conjunction with the grader
to clear the main streets first or our crew could push back
some of the streets after the first pass.by the contractor.
We also may have the new motor grader this winter.
Because the snow season is upon us I think we should
accept Alexander's bid.
Arnie Erhart, Superintendent of Streets
/z3
Mr. Dale Runkle, Planning Director- November 5, 1986
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
RE: Splashland Project
Dear Dale:
As you are aware, Splashland Limited Partnership applied for Final Plat
approval on August 21st. of this year with expectations of obtaining City
approvals in October and commencing construction soon thereafter. We have
not tried to "push"' this process along, being sensitive to the tremendous
work load that the city staff has been under and that our final financing
package had not yet been approved.
At this time, however, and with great remorse that I must inform you
that although I have been successful in raising over three million dollars
for Splashland, I have been unsuccessful in obtaining a "liveable" debt
financing :package. Consequently I am dissolving the Splashland limited
partnership as well as withdrawing my request for Final Plat approval. At
this time I have three courses of action I am pursuing pertaining to the
Spl,:shland property; I will ether sell the property to another developer;
rf;organize and develope the waterpark; or introduce an alternate
commercial use for development.
Dale, I appreciate all that you and the staff has done for Splashland
and I will keep you informed as to my progress.
Tom Webster
Splashland Waterparks Inc.
1500 E. 79th. St.
Bloomington, Minnesota .55420
11111 ""1111
m
league of innesota cities
9 ..
MEMORANDUM
November 3, 1986
IMMEDIATE ACTION REQUESTED
TO: Clerks (Please bring to the attention of your Mayor)
City Officials interested in serving on 187 LMC Conference Planning
Committee;
Past Members, LMC Conference Planning Committee;
LMC Affiliate Organizations
FROM: Ann Higgins, Federal Liaison/Program Development
A
SUBJECT: 1987 LMC CONFERENCE PLANNING: REQUEST FOR MEMBERS FOR
CONFERENCE PLANNING COMMITTEE FOR '87 CONFERENCE
The first meeting of the 1987 LMC Conference Planning Committee is
scheduled for Thursday, November 13, 9:30 a.m. - 12 Noon, at the LMC
Office.
Baldev Josan, City Administrator, Delano, has been appointed Chair
of the 1987 Conference Planning Committee. He has selected several
additional meeting dates to assure that the program priorities and
the development of course outlines and recommendations on presenters,
format, and schedule can be completed before the Christmas holidays.
The following dates have been set for the second and third meetings
of the committee:
Friday, December 5 10:00 a.m.
Thursday, December 18 10:00 a.m.
IF YOU ARE INTERESTED IN SERVING ON THE COMMITTEE, WHICH IS RESPONSIBLE
FOR CONFERENCE PROGRAM DEVELOPMENT AND SCHEDULING, PLEASE CONTACT ME
AS SOON AS POSSIBLE.
It is important that the Conference Planning Committee membership
reflect the membership of the League. In that regard, elected
officials are particularly encouraged to participate. LMC affiliate
organizations are also requested to designate representatives to
determine conference program priorities and to help develop content,
format, resources, and learning objectives for concurrent and general
sessions.
We are beginning program development discussions earlier this year
to assure a better opportunity to identify and obtain the services
'I 83 university avenue east, st. pa 1, nnesota 55101 (612)227-5600
of those faculty and general session speakers identified by the
committee.
We need ideas, too, on program topics, conference program format,...
scheduling, arrangements, facilities, etc. Please let me know
if your city or municipal organization has suggestions or is willing
to participate directly in the program development discussions and
planning.
LMC Conference Planning Committee Meeting
9:30 a.m. - 12 Noon, Thursday, November 13
LMC Conference Room
LMC Office
AT THIS FIRST MEETING, COMMITTEE MEMBERS WILL "BRAINSTORM" IDEAS FOR
PROGRAMS, GENERAL SESSIONS, ETC. IF YOU HAVE SUGGESTIONS, BE SURE TO
CALL OR WRITE EVEN IF YOU ARE NOT ABLE TO SERVE ON THE COMMITTEE.
MEMBERSHIP IS OPEN TO ALL LMC MEMBER CITIES AND AFFILIATE ORGANIZATIONS.
league of minnesota cities
November 5, 1986
To: City Clerks
From: Joel Jamnik,, Legislative Counsel
Reason: Notice of Vacancies in Multi -member State Agencies
The League has received notice from the state that the Governor will be
making over 200 appointments to state boards and commissions in January
of 1987 under the Open Appointments Law. The agencies under the Open
Appointments law include commissions on the arts, education, economic
development, as well as several professional, advisory and regulatory
groups. Many of these agencies play very important roles in local
government. Application forms may be obtained at the Office of the
Secretary of State, 180 State Office Building, St. Paul, MN 551.55-1299;
(612) 296=2805. Application deadline is November 25, 1986. The
League strongly encourages interested city officials to submit their
applications. Please pass this information on to your Mayor and
Councilmembers.
r* This is just a partial list of agencies and commissions that have
vacancies. For a complete list you can contact the Secretary of State
at the above address or request a copy of the State Register, Volume
11, Number 18, Monday November 3, 1986 by calling: metro (612) 297-3000
or outstate 1-800-652-9747.
For further information, please contact me at the League. We would be
happy to assist in any possible.
ADVISORY COMMITTEE: DEPARTMENT OF LABOR AND INDUSTRY: The committee
shall be involved in rules revisions concerning minimum wages and
employment conditions. Three to nine members for an equal number of
not more than three representatives of each of employers and employees
and of not more than three persons representing the general public.
Members are appointed by the Commissioner of Labor and Industry.
Members receive no per diem but parking will be paid.
ADVISORY TASK FORCE ON EXAMINATION OF NEW VOTING SYSTEMS: Examines
voting machines or electronic voting systems proposed for use in
Minnesota and advises the Secretary of State on certification of this
equipment for use at elections in this state. The task force meets
only when new equipment is proposed for use. Members include
representation from each major political party and from cities and
/�
1 83 university avenue east, st. paul, minnesota 551 01 (6121227-5600
4
counties using voting equipment.
BOARD OF PEACE OFFICER STANDARDS AND TRAINING: Licenses part-time
peace officers as well as peace officers and constables; establishes
minimum qualifications and standards of conduct; regulates police
training. Thirteen members, appointed by the Governor, include 2
sheriffs, 4 municipal police officers (at least 2 chiefs of police), 2
former law enforcement officers, 2 elected city officials from cities of
under 5,000 outside of the metropolitan area and 2 public members; the
superintendent of the Bureau of Criminal Apprehension is an ex -officio
member. Members must file with the Ethical Practices Board. Quarterly
meetings, St. Paul; members receive $35 per diem.
CHARITABLE GAMBLING CONTROL BOARD: The board shall regulate legal
forms of gambling to prevent their commercialization, to ensure
integrity of operations and to provide for the use of net profits only
for lawful purposes. Eleven members appointed by the Governor. Must
have been Minnesota residents for at least 5 years, not more than six
members may belong to the same political party. At least 4 members
must reside outside of the seven county metropolitan area. Terms are
staggered. Members receive $35 per diem plus expenses. Members must
file with the Ethical Practices Board. w
ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY: To implement loan programs
that. assists and encourages the establishment, maintenance and growth
of small businesses in Minnesota; assists in the financing and
development of alternative sources of energy and energy conservation;
assists in the financing of improvements to public buildings for the
purpose of energy conservation or the use of alternative energy
resources. The authority consists of the commissioner and ten other
members appointed by the Governor. Members receive $35 per diem.
Members must file with the ethical Practices Board.
ENVIRONMENTAL QUALITY BOARD: Insures cooperation and coordination
among state agencies on issues that affect the environment. Twelve
members include 5 public members appointed by Governor and confirmed by,
Senate, the Director of Pollution Control Agency, the Commissioners of
Agriculture, Health, Energy and Economic Development, Natural Resources
and Transportation, and a representative of the Governor's office;
members must file with the Ethical Practices Board. Monthly meetings,
members receive $35 per diem.
HAZARDOUS WASTE MANAGEMENT PLANNING COUNCIL: Makes recommendations to
the waste Management Board on planning for and siting of hazardous
waste processing and disposal facilities. Up to eighteen members may
be appointed by the chairperson of the Waste Management Board and
include public members, representatives of local government units, and
representatives of hazardous waste generators and private hazardous
waste management firms. Meetings once monthly. Members are
compensated for expenses.
INTERGOVERNMENTAL INFORMATION SYSTEMS ADVISORY COUNCIL: Assists local
governments in developing automated information systems by awarding
grants. Twenty-five members, (14 elected or appointed local government
111
P
Ethical Practices Board. Meetings twice a month, Metro Square
Building, St. Paul; members receive $50 per diem plus expenses..
METROPOLITAN -"PARKS AND OPEN SPACE COMMISSION: Assists the Metropolitan
Council in planning the regional recreation open space system, and in
making grants for the acquisition and development of facilities in that
regional system; reviews master plan for regional facilities prepared
by metropolitan area park districts and counties to make sure they are
consistent with the Metropolitan Council regional plan for parks; 9
members, appointed by the Metropolitan Council, include 8 selected from
districts of equal population, and a chair representing region at
large; members may not be members of Metropolitan Council, or any other
metropolitan agency, board or commission, or hold judicial office; must
file with the Ethical Practices Board; 4 -year terms are staggered; must
reside in district to which appointed, except chair. Meetings twice
monthly, Metro Square Building, St. Paul; members receive $50 per diem.
MINNESOTA JOINT UNDERWRITING ASSOCIATION - LIABILITY INSURANCE: The
association shall provide liability insurance coverage for persons
unable to obtain it through ordinary means where coverage is required
by law or is necessary for the conduct of business and serves a public
purpose. Six public members are appointed by the Commissioner of
Commerce.
MUNICIPAL BOARD: Acts on all boundary adjustments between a city and
the adjacent land, and rules on incorporations. Three members,
appointed by Governor, at least 1 member who must be learned in the
law, and 1,resident from outside the metropolitan area; members must
file with the Ethical Practices Board. Monthly meetings; members
receive $50 per diem plus expenses.
POLLUTION CONTROL AGENCY: To meet the variety and complexity of
problems relating to water, air and land resources of the state
consistent with the maximum enjoyment and use thereof in furtherance of
the welfare of the people of the State. The agency may adopt,
promulgate, amend or rescind regulations as necessary or proper to
effect M.S. §115-116. Nine members, appointed by the Governor and
confirmed by the Senate; 1 member must be knowledgeable in the filed of
agriculture; members must file with the Ethical Practices Board.
Monthly meetings at the agency offices, St. Paul; members receive $35
per diem.
POWER PLANT SITING ADVISORY COMMITTEE: Makes recommendations to the
Environmental Quality Board on rules, procedures and issues relating to
siting large electrical generating plants and routing high voltage
transmission lines. Average of 25 members solicited on a statewide
basis and appointed by EQB for a one year term. six to ten meetings
per year; members are compensated for expenses.
PUBLIC EMPLOYMENT RELATIONS BOARD: Hears and decides appeals of Bureau
of Mediation Services decisions; maintains a roster of arbitrators.
Five members, appointed by the Governor and consists of.2 public
employee representatives, 2 public employer representatives and 1
public member. Members must file with the Ethical Practices Board.
/yG
officials, 7 representatives of state agencies and 4 public members)
appointed by the Commissioner of Administration, include: 2 members
each from counties outside of metro area, cities of the second and
third class within, and outside of the metropolitan area; and cities of
the 4th class; 1 member each from the Metropolitan council, an outside
regional body, counties within the metro area, cities of first class,
school districts within and outside of the metropolitan area,
Departments of Administration, Education, State Planning Agency,
Revenue, Human Services, Office of Legislative Auditor, and Office of
State Auditor and four from the state community at large.
LIQUOR LIABILITY ASSIGNED RISK PLAN ADVISORY BOARD: To advise the
Commissioner of Commerce regarding the operation of the liquor
liability assigned risk plan and related matters. The board consists
of eleven members: (4) insurer representatives; (1) risk management
services vendor representative; (3) insurance agent representatives;
(.3) liquor vendors. Members are appointed by the Commissioner of
Commerce and receive no compensation. Meetings at the Department of
commerce, 500 Metro Square Building.
METROPOLITAN AIRPORTS COMMISSION: Promotes air transportation locally,
nationally and internationally, by developing the Twin Cities as an
aviation center; coordinates with all other governmental agencies to
provide economical and effective use of aeronautic facilities and
services; may acquire, build and operate an airport within a
thirty-five mile radius of the City Hall of Minneapolis or St. Paul;
adopts and enforces regulations to manage all metropolitan airports;
controls airport land use and provides for airport noise control; 11
members: chairman and 8 members appointed by Governor residing'in
precincts as determined by Governor; chairman serves at the pleasure of
the Governor; Mayors of Minneapolis and St. Paul, or designees, are
ex -officio members. Members must file with the Ethical Practices
Board. Monthly meetings; members receive $50 per diem, chairman
receive $16,000 per year plus travel expenses.
METROPOLITAN COUNCIL: Coordinates planning and development of the
7 -county Twin Cities metropolitan area; establishes a long range
development plan containing regional plans for aviation, health,
housing, land use, parks and open space, solid waste, transportation,
wastewater management and water resources; reviews the longrange plans
of local governments, and can require them -to be consistent with the
regional plans; receives and disburses grant money; in certain
instances issues revenue and general obligation bonds; reviews
applications for federal and state funds to ensure consistency between
federal and state programs and regional development plans; approves the
financial plans of metropolitan operating agencies; provides technical
assistance to other governmental units; conducts research; and provides
information to the public. Seventeen members, appointed by the
Governor and confirmed by Senate, include 16 members selected from
districts of equal population, and a chair representing the metro area.
at large; chair serves at the pleasure of the Governor; members cannot
hold elected public office; must reside in the council district he or
she represents; members serve staggered four-year terms; terms expire
first Monday in January of odd numbered years; must file with the
/-I
Monthly meetings; members receive $35 per diem plus expenses.
REGIONAL TRANSIT BOARD: The Board;coordinates transit programs within
the metropolitan area and implements short -to -mid-range planning that
is consistent with the long-range transit plans of the Metropolitan
Council; establishes a transit imformation service; adopts a transit
service implementation plan; contracts with transit operators in the
metropolitan area to provider+transit services,; coordinates special
transportation services for the elderly, handicapped or others with
special transportation needs; administers contracts for paratransit
projects; appoints the members of the Metropolitan Transit Commission;
and other transit related responsibilities. The board consists of 9
members representing Metropolitan Council districts in the
metropolitan area, appointed by the Metropolitan council; the Chair is
appointed by the Governor. Members receive $50 per diem plus expenses.
Members must file with the Ethical Practices Board.
SOLID WASTE MANAGEMENT ADVISORY COUNCIL: Makes recommendations to the
Waste Management Board on its solid waste management activities;
appointed by the Chairperson of the Waste Management Board. Members
must include 5 public members, 5 representative of local.governmental
units, and 5 representatives of the solid waste industry; at least one A
member must be experienced in each of the following areas: state and
municipal finance, solid waste collection, processing and disposal, and
solid waste reduction and resource recovery. Meetings twice monthly.
Members are compensated for expenses.
WASTE MANAGEMENT BOARD: Selects and may acquire sites for hazardous
waste facilities; encourages private sector to develop hazardous waste
facilities; develops hazardous waste management plan; reviews petitions
for Solid Waste Management Districts; administers solid waste
management project grants and loans; 9 members, appointed by the
Governor and confirmed by the Senate, include one member from each
congressional district (as of 1/1./80). Chairperson serves at the
pleasure of he Governor. Bi -weekly meetings; members receive $50 per
diem plus expenses. Members must file with the Ethical Practices
Board.
WATER RESOURCES BOARD: Responsible for state -level administration of
the Minnesota Watershed Act, Metropolitan Surface Water Management Act,
and Comprehensive Local Water Management Act. Can intervene and make
recommendations on water policy conflicts between governmental
departments or between individuals and governmental departments. Five
members, appointed by the Governor and confirmed by the Senate, may not
be governmental employees; members must file with the Ethical Practices
Board. Members receive $35 per diem.
AGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
CITY HALL
TUESDAY, NOVEMBER 18, 1986
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES
III. 6:40 - DEPARTMENT BEAD BUSINESS
VII. NEW BUSINESS
A. Variance (Advance Development Corporation) for a 5' Variance From
the 30' Front Yard Setback for Lots 3, 4, and 5 of Block 1, Sun
Cliff Addition Located East of Beaver Dam Rd. on Deer Hills Trail,
4!�NW 1/4 of See 29.
B.
a Variance (Walter Larson) For an 7.5' Variance From the 30' Setback
Along Public Street for Lot 7, Block 3, Cedar Grove 3 Located at SW
Corner of Jade Lane & Rahn Rd, SE 1/4 of Sec 19•
�.$/ C. Conditional Use Permit (Advent UnitedMethodist Church) For a Pylon
Sign on Lot 1, Block 1, for a Church Located South of Hwy U55,
Abutting Lexington Av on the West, W 112 of See 2.
A
A.
Fire Department
1. Joint Fire Training Facility
IV.
6:55 - CONSENT AGENDA
11
A.
Contractor Licenses
/3
B.
Personnel Items
C.
Project 479, Receive Feasibility Report/Order Public Hearing,
Lexington/Northview Park (Trunk Storm Sewer)
P,/3
D.
Project 485, Receive Feasibility Report/Order Public Hearing,w
Lexington Square 6th Add%NorthviePark Rd (Streets & Utilities)
/
p•14
I
E:
Affiliation with the National Youth Sports Coaches Association
V.
7:00 - PUBLIC HEARINGS
A.
Project 478, Lexington Hills Addition (Sanitary Sewer)
P17
,Z$
B.
Vacate Public Right -of -Way, Coachman Road Extension (Hampton
I
Heights) Continued to December 2, 1986
VI.
OLD BUSINESS
pp.).9
A.
Corrective Strategies for Part 150
3/
B.
Resolution Authorizing Amendments to $12,580,000 Multifamily Rental
PHousing
Revenue Bonds (Royal Oak Circle Project)
P.32
C.
Final Plat Approval for Fairway Hills 1st Addition
y 59
D.
Consideration of Trapp Court Cul-de-sac, Eagandale Office Park 3rd
1
Addition
VII. NEW BUSINESS
A. Variance (Advance Development Corporation) for a 5' Variance From
the 30' Front Yard Setback for Lots 3, 4, and 5 of Block 1, Sun
Cliff Addition Located East of Beaver Dam Rd. on Deer Hills Trail,
4!�NW 1/4 of See 29.
B.
a Variance (Walter Larson) For an 7.5' Variance From the 30' Setback
Along Public Street for Lot 7, Block 3, Cedar Grove 3 Located at SW
Corner of Jade Lane & Rahn Rd, SE 1/4 of Sec 19•
�.$/ C. Conditional Use Permit (Advent UnitedMethodist Church) For a Pylon
Sign on Lot 1, Block 1, for a Church Located South of Hwy U55,
Abutting Lexington Av on the West, W 112 of See 2.
A
D. Conditional Use Permit (ABF Freight System) for a Pylon Sign for a
P Truck Company on Lots 3-6, Plainview Addition Located South of Hwy
#55, Abutting Lexington Av on the West, W 1-/2 of Sec 2.
4,7 E. Waiver of Plat (Opus Corporation) for Lots 6 & 14, Block 4,
T' Eagandale Ctr Ind Park & Lot 3, Block 1, Eagandale Ctr Ind Park No.
7 to Combine Tract 'A with the Parcel to the North
(.� F. Waiver of Plat (Northwestern Bell Telephone) to split a.11 Acre
Parcel from Parcel 11022-26 for a Utility Building Located west of
Dodd Rd, Abutting C.R. #30, NW 1/4 of Sec 25.
(� G. Rezoning (Living Word Lutheran Church) from R-1' (single family) to
P.F. (public facility) for a Church in the Former Peace Reformed
Church Building Located on Lots 12 - 16 and 20, 21, 22, & 24, Block
6, Cedar Grove 6, abutting Nicola Rd on the West & Diamond Dr on
the East.
VIII. ADDITIONAL ITEMS
A. Public Improvement Contracts
P-77 1. Contract 86-25, Consider Award/Cancellation of Contract (Burr
Oak Hills 1st)
{� g 2. Contract 86-27, Receive Bids/Award Contract (Wilderness Ponds
/ and Blueberry Circle)
�•$L 3. Contract,86-2, Approve Supplemental Agreement No. 2 (Nicola Rd)
97- 4. Contract'85-11,, Final Payment/Acceptance (Windtree 3rd Add)
pe -2, 5. Contract 85-22, Final Payment/Acceptance (Robins Addition)
T 93 B. Blackhawk Park Land Acquisition
I%. VISITORS TO BE HEARD (for those persons not on the agenda)
X. ADJOURNMENT
a
4
•
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 13, 1986
SUBJECT: AGENDA INFORMATION
After approval is given to the November 18, 1986 agenda and regular
City Council meeting minutes for the November 6 meeting, the
following items are in order for consideration:
A. FIREDEPARTMENT:
Item 1. Fire Department --The city of Burnsville is giving
consideration to the construction of a fire training facility
to be located on property owned by the city adjacent to the flood
plane. The fire training center would include a training tower,
burn building and burning, pits. The city of Burnsville has proposed
that three (3) other communities participate in the construction
of the facility and as a result will have the use of the training
facility on a scheduled basis. Those cities include Apple Valley,
Lakeville and Eagan. The cost of the facility will be shared
equally by all four cities. The operating cost which will not
exceed $4,000 aggregate annually will be paid by Burnsville and
then invoiced to the member cities in a ratio determined by the
most recent Metropolitan Council population estimate. The
estimated cost to the City of Eagan for participation in the
construction of the facility is $30,000.
This item was discussed with the City Council during budget review
and it was suggested that the capital investment be taken from
the contingency or fund balance in 1986. It appears now that
monies will not be needed until spring of 1987. The City has
received notice from Divine Redeemer Hospital that the subsidy
for the ambulance operation will more than likely be eliminated
in 1987. This amounts to approximately $44,000. If it is a
decision of the City Council to participate in the joint training
facility, funding could be considered from one of two sources:
1) Utilize revenues available in the City's fund balance or
2) reprioritize the amount set aside in the 19'87 budget for
the ambulance subsidy to the Fire Department to construct the
fire training center.
Enclosed is a copy of a draft joint use agreement on pages 3
through�� for your review. Also enclosed is a copy of a
letter that was received from Divine Redeemer Memorial Hospital
discussing their new pricing system and the consideration to
eliminate subsidies for 1987. Fire Chief Southern will be present
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Two
for this item. Divine Redeemer's letter is enclosed on ps f-10
ACTION TO BE CONSIDERED ON THIS ITEM: to approve or deny the
City of Eagan's participation in the _construction and operation
of a fire training facility in the city -of Burnsville and provide.
some direction for funding the capital investment.
0
JOINT USE AGREEMENT
FIRE TRAINING FACILITIES
AGREEMENT made this day of 1986, by
and between the City of Burnsville ("Burnsville"), the City of Lakeville
("Lakeville"), the City of Eagan ("Eagan") and the City of Apple Valley
("Apple Valley"), all Minnesota municipal corporations in Dakota County,
Minnesota. This Agreement is entered into pursuant to the authorization of
the "Joint Powers Act" Minnesota Statutes §471.59.
in Burnsville on land owned by
Burnsville which shall be used to train firefighting person-
nel and which is acquired pursuant to this agreement.
3. FACILITY DETAIL. The facility shall consist of a burn building, a
training tower, and a burn pit as more particularly described in the plans
and specifications (the plans) prepared by which are hereby
approved and made a part of this agreement.
DRAFT
1 '
oC,� � g 1986 I
3
�
NOW,
THEREFORE, the undersigned governmental units, in
the
joint and
mutual
exercise of their powers, agrees as follows:
1.
GENERAL PURPOSE. The purpose of this Agreement
is
to jointly
provide
fire training facilities for the use of member cities
and
others.
2.
DEFINITIONS.
A. "Member City" and "City" shall mean a parry to
this
Agreement.
B. "Nonmember City" shall mean any City which is
not
a party to
this Agreement.
AC.
"Facility" or "Facilities" shall mean the
structures and
related personal property located or to be located
at
in Burnsville on land owned by
Burnsville which shall be used to train firefighting person-
nel and which is acquired pursuant to this agreement.
3. FACILITY DETAIL. The facility shall consist of a burn building, a
training tower, and a burn pit as more particularly described in the plans
and specifications (the plans) prepared by which are hereby
approved and made a part of this agreement.
DRAFT
1 '
oC,� � g 1986 I
3
4. FACILITY CONSTRUCTION. Burnsville shall do all things necessary
to construct the facility pursuant to the plans with such construction to be
complete and the facility ready for use by the 1st day of December, 1987.
5. CONSTRUCTION COSTS. Burnsville agrees to complete construction of
the facility pursuant to the plans for a price not to exceed
Each member city shall remit 12.58 of said to Burnsville by
the lst day of May 1987. Upon certification by Burnsville that the facility
is complete, Burnsville shall invoice each member city for 258 of the final
cost less the 12.58 prior payment. Should the final cost exceed
Burnsville shall be responsible for the excess. •
6. OWNERSHIP. Each city shall own an unrecorded undivided one-
quarter interest in the facility.
7. FACILITY ALTERNATIONS. No addition, modification or demolition
having a value or cost in excess of $1,000 shall occur to the facility
without the written approval of the City Council of each member city.
8. OPERATING COSTS. Costs of operation are expected to be minimal
and in no event exceed $4,000 aggregate annually in the foreseeable future.
All costs deemed necessary for facility operation by the Burnsville Fire
Chief shall be paid by Burnsville. Annually, Burnsville shall invoice the
operating costs to the member cities in a ratio determined by the most
recent Metropolitan Council population estimate. Any single operating
expenditure item of value in excess of $1,000.00 shall be advance approved
by the Fire Chief of each city to qualify as a sharable expense.
9. FACILITY USE. Each member city shall be entitled to unlimited use
of the facility, subject only to advance scheduling under the written rules
DRAFT
2 OCT 1 ro 1966
I
s
established by the Chief's Board, Actual site use of the facility shall
also be governed by written rules established by the Chief's Board.
10. USE BY OTHERS. The facility may be rented for use to any organ-
ized fire department at times when not scheduled for use by a member city.
Burnsville shall be the rental agent. For each rental, the rent shall be
$100.00 or $50.00 per hour, whichever is greater. Each non-member city
(user) shall execute prior to use a hold harmless agreement is a form
approved by the Burnsville City Attorney in favor of each member city.
Rental fees shall be used to offset the paragraph 8 operating costs.
® 11. DURATION.
A. Any member city may withdraw from this Agreement on December A
31 of any year. Written notice of withdrawal must be given
to the other member cities at least six (6) months prior to
the date of the proposed withdrawal.
B. In the event of written notification to withdraw, the
remaining cities shall meet to consider modifying this
Agreement to continue without the withdrawing city or to
• terminate..
C. If the remaining cities continue this Agreement, the with-
drawing city shall receive cash for its interest in the
facility determined as follows:
1. The member cities agree that the value of the facility
as built, excluding. the market value of the land where
the facility is situated•, is $
2. The value of the facility shall be depreciated at 58
annually commencing January 1, 1988.
3 DRAFT
op"i 1610
0
3. The amount distributed to the withdrawing member shall
be the depreciated value of the facility divided by the
number of member cities prior to the withdrawal. The
remaining cities shall pay the amount. derived above to
the withdrawing city in 48 equal monthly installments
with eight (8) percent interest on the unpaid balance.
The withdrawing city shall receive a principal sum of at
least $5,000.00.
D. In the event of termination, Burnsville shall have all right,
title and interest in the facility. Each member city shall •
execute quit claim deeds to Burnsville relinquishing their A
interest in the facility. 'Burnsville shall pay each member
city the amount derived from Paragraph C. above, in 48 equal
monthly installments, with eight (8) percent interest on the
unpaid balance. Burnsville shall pay each city a principal
sum of at least $5,000.00.
E. An
ex -member
city shall be entitled to no use whatsoever of
the
facility.
•
12. CHIEF"S BOARD. The Chief's Board shall consist of the Fire
Chief's of the member cities. It shall be their responsibility to operate
the facility, subject to this agreement. It shall have no statutory
authority.
13. INDEMNIFICATION_ Each member city shall fully indemnify the other
member cities against all loss, damage, liability claims, suits, judgments,
costs and expenses by reason of loss of or damage to property and injury to
DRAFT
4 0 CT 1 ro 05
I
or death of persons caused by acts or omissions of the ^member city, its
officers, agents, or employees, arising from or growing out of, directly or
indirectly, wholly or partly, its construction, maintenance, operation or
use of the facility.
14. INSURANCE. Language pending.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be.
executed by their respective duly authorized officers by authority of their
respective governing bodies.
CITY OF BURNSVILLE CITY OF LAKEVILLE
MI
Dated:
By:
Mayor
And:
Clerk
Dated:
CITY OF APPLE VALLEY
By:
Mayor
And:
Clerk
Dated:
DRAFT
0C1 i 6 1986
Mayor
And:
Clerk
Dated:
CITY
OF EAGAN
i
By:
Mayor
And:
Clerk
Dated:
By:
Mayor
And:
Clerk
Dated:
CITY OF APPLE VALLEY
By:
Mayor
And:
Clerk
Dated:
DRAFT
0C1 i 6 1986
'M
�OOpppaa0000
OOOppppoaaoa
October 20, 1986
Mr. Thomas Hedges, Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, MIN 55122
Dear Mr. Hedges:
DIVINE REDEEMER MEMORIAL HOSPITAL
724 Nineteenth,Avenue North
South St. Paul, Minnesota 55075
(612 ):450-4500
.410
l.t
As was discussed at your September 19, 1986, Mayor/Manager's meeting, we at
Divine Redeemer Memorial Hospital are planning to change our pricing schedule
for ambulance service to a tier level pricing system. Under this system, we
would charge a fixed fee for a given level of service. This would make pricing
easier for us and eliminate many lost charges that we have been experiencing.
Examples of this system are enclosed for your review. Also, please note that
our prices will be competitive with other ambulance services in the Metropolitan
area.
We will call you sometime during the week of October 27 to answer any questions
or discuss concerns you might have regarding this matter. If all works out as
anticipated, we will implement the new price system and eliminate the subsidies
for 1987.
Thank you for your consideration in this matter.
Sincerely,
Drew Haynes
Administrator
l I
Enclosure
An American Healthcare Management Hospital
n
U
•
r
CHARGE CATAGORIES
MINOR MEDICAL
Example: Patient being evaluated for a high temperature.
Includes the following:
1) Patient assessment and vitals
2) Stretcher transport (5 miles)
MAJOR CORONARY
Example: Patient having chest pain with unstable cardiac rhythm.
Includes the following:
1) Patient assessment and vitals
2) Stretcher transport (5 miles)
3) Oxygen
• 4) Cardiac monitor
5) Intravenous fluids
6) Cardiac medications
A
MAJOR TRAUMA
Example: Car accident victim with multiple injuries and shock.
Includes the following:
1)Patient assessment and vitals
2) Stretcher transport (5 miles)
3) Spinal immobilization
4) Splinting
5) Bandaging
6) M.,A:.S.T. suit
7) Oxygen
8) Cardiac monitor
• 9) Intravenous fluids
CARDIAC ARREST
Example: Non -breathing, pulseless patient.
Includes the following:
1) Patient assessment and vitals
2) Stretcher transport (5 miles)
3) Oxygen
4) Esophageal obturator airway
5) Cardiac monitor
6) Defibrillation
7) Intravenous fluids
8) Cardiac medications
9) Suctioning
I
1'
10/21/86
AMBULANCE
CHARGES
Ambulance
Minor
Major
Major
Cardiac
Service
Medical
Coronary
Trauma
Arrest
D. R. M. H.
$ 240.00
$ 430.00
$ 450.00
$ 550.00
Med Plus
282.50
429.50
451.50
561.50
St. Francis
185.00
415.00
415.00
515.00
North Memorial
250.50
421.00
478.70
572.50
Health Central
245.00
460.00
410..00
510.00
/0
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Three
CONSENT AGENDA
There are five ( 5 ) items on the agenda referred to as consent
items requiring one (1) motion by the City Council. If the City
Council wishes to discuss any of the items in further detail,
those items should be removed from the Consent Agenda and placed
under Additional Items unless the discussion required is brief.
CONTRACTOR LICENSES
A. Contractor Licenses --Attached on
contractors who are renewing or who have
• as the builder by a customer either
reside within the City of Eagan. These
from other municipalities or their
are awaiting City Council approval for a
ACTION TO BE CONSIDERED ON THIS ITEM: To
licenses as presented.
•
page is a list of
been selected and retained
living in or planning to
contractors have references
client permit applications
contractor license.
approve the contractor
A
E
CONTRACTORS' LICENSE
NOVEMBER 18, 1986
GENERAL CONTRACTORS
1. M.G. ASTELFORD CO INC
2. E.D.S. CONSTRUCTION CO
3. HEILING CONSTRUCTION
4. MINNEHAHA FALLS NURSERY & GARDEN STORES INC
1. GOPHER HTG & SHEET METAL INC
2. THE HEATING CO
PLUMBING
1. HERITAGE PLUMBING
2. M&D PLBG & BIG
Y
4
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Four
PERSONNEL ITEMS
B. Personnel Items --There are no items to be considered under
Personnel at this time.
RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING
C. Project 479, Receive Feasibility Report/Order Public Hearing
- Lexington/Northview Park (Trunk Storm Sewer) --As a requirement
of the development of the Lexington Hills Addition, Lexington
Square 6th Addition and the required upgrading of Northview Park
entrance road to City state aid standards, it will be necessary
to provide trunk storm sewer facilities in this general area.
® Subsequently, the Council authorized the preparation of a
feasibility report to discuss this improvement. This report has
now been completed and is being presented to the Council in
consideration of a public hearing being scheduled for December
16, 1986.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility
report for Project 479 (Lexington/Northview Park - Storm Trunk
Sewer), and schedule a public hearing to be held December 16,
1986.
RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING
D. Project 485,, Receive Feasibility Report/Order Public Hearing
Lexington Square 6th Addition/Northview Park Road (Streets and
Utilities) --In response to a petition received from the developer
of the Lexington Square 6th Addition, the Council authorized the
® preparation of a feasibility report to discuss the installation
of streets and utilities along Northview Park Road to service the
6th Addition. This report has now been completed and is being
presented to the Council for their consideration of scheduling a
public hearing for farther discussion.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility
report for Project 485 (Lexington .Square 6th Addition/Northview
Park Road - Streets and Utilities) and schedule the public
hearing to be held December 16, 1886.
l3
J
Agenda Information
November 18, 1986,
Page Five
Memo
City Council Meeting
NATIONAL YOUTH SPORTS COACHESASSOCIATION
E. National Youth Sports Coaches Association --The Director
of Parks and Recreation is proposing,. that the City affiliate
with the National Youth Sports Coaches Association that provides
training for volunteers on the coaching of soccer, hockey, baseball,
softball and other youth recreational sports programs. Once
a parent/volunteer is certified, the National Youth Sports Coaches
Association will provide insurance coverage to protect volunteers
if ever a child were injured and the parents were to sue the
volunteer- and/or the City of Eagan,. Please refer to the attached
memo found on pages 5-#/Z,, prepared by the Director of Parks and
Recreation.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the Director
of Parks and Recreation to affiliate with the National Youth
Sports Coaches Association through the Minnesota Parks and
Recreation Association.
4
•
A
MEMO TO: MAYOR AND CITY COUNCIL
FROM: REN VRAA
DIRECTOR OF PARRS AND
DATE: NOVEMBER 13, 1986
SUBJECT: NATIONAL YOUTH SPORTS COACHES ASSOCIATION, DEPARTMENT
AFFILIATION FOR COACHES TRAINING
The October meeting of the Advisory Commission, the Commission
agreed with the staff's recommendation for the department to
become an affiliate of the National Youth Sports Coaches
Association.
® We are all aware of the coach, who in their zeal forget the real
reason of why there is a youth sports program. Too often, their
occurs each year a number of incidents that could have been a
avoided if coaches had the real essence of the youth sports
program. This is one of the reasons the department has
investigated affiliation with the National Youth Sports Coaches
Association; in an effort to develop a coaches training program..
The Eagan Athletic Association has also expressed an interest in
coaches training, and in particular, the NYSCA offerings.
The National Youth Sports Coaches Association has developed a
coaches training program and a well defined curriculum for
coaches. The curriculum centers on three basic areas: psychology
of coaching youth sports, maximizing performance and first aid.
The NYSCA has developed 3 video tapes and corresponding written
material for each of these three areas. In addition, training
•tapes have been developed for each specific sport, i.e. soccer,
football, softball with additional tips for coaches included,
such as warm-up drills, stretching exercises, how to organize
practice, etc. Coaches training sessions are presided over by
discussion leaders/teachers who are trained to facilitate and
augment the video tapes. The. leaders must attend training
sessions in order to teach/use this material to become "Certified
Instructors".
Minnesota Recreation and Park Association (MRPA) has recently
signed an agreement with the National Youth Sports Coaches
Association. This agreement opens the door for municipal
recreation departments to become "an affiliate chapter".
Previously, a fee of $2500 would have been required as a purchase
price for the tapes, written material, etc. With the MRPA being
a coordinating agency, these training tapes and training
materials are available free of charge to local municipalities.
Recently, both Dorothy Peterson and Paula Sunder, Recreation
Supervisor, have completed the teachers training and
certification clinic and are recognized as certified instructors.
Consequently, the Parks and Recreations department can become an
affiliate chapter with MRPA at no cost. Training materials are
available at no cost to the City. The only cost involved is
that each participating coach �9ust pay a $15 fee to the National
Youth Sports Coaches Association. This fee covers written
material, $300,000 liability insurance coverage under a master
contract and periodic publications or coaches on youth sports in
general.
Staff/Commission recommendation - Staff has recommended to the
Advisory Commission that the department become an afillate
chapter of the NYSCA through the MRPA. Seconded, the services of
Dorothy Peterson and Paula Sunder be made available to the
various youth athletic associations, .the EAA, R.AAA, and the
Hockey Associations as a service to the community, with, the
department periodically conduct NYSCA training sessions for
local coaches.
For Council Action - To approve/disapprove the department of
Parks and Recreation become an affiliate chapter of MRPA and the
National Youth Sport Coaches Association in order to conduct
youth-coach,ps//training sessions.
Direc
KV/cks
reation
0
4
u
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Six
PROJECT 47.8 - LEXINGTON HILLS ADDITION
A. Project 478, Lexington Hills Addition — Sanitary Sewer --On
November 2, the Council received the feasibility report for the
installation of sanitary sewer to service the Lexington Hills
Addition and scheduled the public hearing to be held November 18.
Enclosed on pages _�� _ through _y7__ is a copy of the
feasibility report discussing the -proposed improvement. The
project was expanded beyond the immediate service to Lexington
Hills Addition at the concurrence of the affected property owners
as a result of the neighborhood meeting held on Monday, October a
20. All notices have been published in the legal newspaper and
sent to all affected property owners informing them of this
public hearing. Our consultant engineer will be discussing this
project in further detail and will be available to answer any
questions.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public
hearing and approve/deny Project 478 (Lexington Hills Addition —
Sanitary Sewer) and if approved, authorize the preparation of
detail plans and specifications.
17
•
�7
...REPORT
FOR
LEXINGTON HILLS FIRST ADDITION
SANITARY SEWER
PROJECT NO. 478
EAGAN, MINNESOTA
FILE NO. 49400
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
ENGINEERS & ARCHITECTS
ST. PAUL, MINNESOTA
I
4
Bonestroo, Rosene, Anderlik & Associates, Inc.
2335 W. Trunk Highway 36
St. Paul, MN 55173
612.636.4600
September 9, 1986
Honorable Mayor and Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Engineers & Architects
Re: Lexington Hills Addition
Sanitary Sewer Improvement
Project No. 478
File No. 49400
Dear Mayor and Council:
Um G. BIMnINU. P.E.
Rubel W. R.,. I'. E.
Jwryh C. ~n hk, Y.E.
B,ud/ ,d A. l.rmbrrx. P.E.
xirhu,d a Trrmn. Y.E.
Jumn C. uhun. P E.
I JLJ
^pt r, jas
�:,
Glrnn R. C.k. PE.
RMh A. Cwdon. P.E.
M. E. Nupn. ISE.
Nnhu,d W. F.,n, Y.E.
Nabn G. .1'a9unbh,, P.E.
Marne L. Xwvulu. P.E.
Qurwld C. Burxurdr. P.E.
Jfn, A. Bourdon, Y.E.
WA A. N.uun. P.E.
TM R. Fled, P.F.
M,,AM r. Nuubnunn. P.E.
xr.fn•n R. PJrJJnlr. P R.
(Arvid U. L.Amu, P E.
Thum. R'. Wlrnun, P, E.
Mxh.IC. Lkmh, P.E.
A'urcn L. RV.. Y.E.
Jumn N. Mulanrl. I'. E'.
Ernv,A Y. dnJmm. PE
kwh A. &,h .m Y.E.
Murk R. Nul/a, I'.E
8ubfr, C. Bun k. A.LA.
Churlr, A. A. L,mn
Lru M. Yunrbhy
//orlon M. Ohm
fu,un Af. Etrdln
F- 1
L-A
A
Transmitted herewith is our report for Lexington Hills Addition, Project No.
475. This report covers sanitary sewer and includes a preliminary assessment
roll.
We would be pleased to meet with the Council and other interested parties at a
mutually convenient time to discuss any aspect of this report.
Yours very truly,
BONESTROO, RROSENE, ANDERLIK & ASSOCIATES, INC.
Robert W. Rosene
RWR:li
I hereby certify that this report was prepared
by me or under my direct supervision and that
I am a duly Registered Professional Engineer
under the laws of the State of Minnesota.
Waal� LAI)
Robert W. Rosene
Date: September 9, 1986 Reg. No. 3488
Approved by: ent o PUr
Department o Pu c Works
Date:
30 Year
.Anniversary
SCOPE: This project provides for the construction of sanitary sewer to serve
the proposed Lexington Hills First Addition. Lexington Hills Addition is lo-
cated east of Lexington Avenue north of Diffley Road (Co. Rd. No. 30) in the
SW 1/4, SW 1/4, Section 23. This addition is proposed to contain seven apart-
ment buildings with 168 dwelling units.
This sanitary sewer is also proposed to provide service to the west side
of Lexington Avenue to Parcels 032-54, 012-54, 014-54 and 019-54, to.Parce1
016-54 on the east side of Lexington Avenue and to Parcels 010-77 and 031-76
and to W. Schmidt, Addition all on the west side of Lexington Way.
®
FEASIBILITY AND RECOMMENDATION:
This project is
feasible
from an engineering
standpoint and is in accordance
with the Master
Plan for
Sanitary Sewer for
a
the City of Eagan.
DISCUSSION: The initial request for sanitary sewer was to serve the proposed
Lexington Hills Addition. Study of the area west of Lexington Avenue revealed
that an extension of this line was also the most economical way to serve the
property between Lexington Avenue and Lexington Way and the first four parcels
north of County Road 30 west of Lexington Way. Cost comparisons indicated
that considerable savings could be made by serving all of this area in one
• project.
The sanitary sewer herein proposed will connect to the existing 10" PVC
sanitary sewer line at a manhole located in the southeast quadrant of the in-
tersection of Lexington Avenue and Diffley Road (Co. Rd. No. 30). The line
will extend along the east side of Lexington Avenue to the entrance drive of
Lexington Hills First Addition. The line will turn west across Lexington Ave-
nue, near the north line of Parcel 031-54, extend to the west side of Lexing-
ton Way and provide service to parcels on the west side of Lexington Way. A
lateral will extend south along the east line of Parcels 014-54 and 012-54 to
Page 1.
7698d
20
give service to Parcels 012-54 and 032-54. Because the. topography drops off
sharply to the north, Parcels 019-54 and 031-76 and the proposed Lexington
Hills First Addition are the most northerly parcels to be served by this sani-
tary sewer line.
EASEMENTSAND PERMITS: Due to the installation of gas main 5' west of the
east Lexington Avenue property line and the limited width between the gas main
and the concrete curb, it is proposed to locate this sanitary sewer line on an
easement approximately 20' wide along the west edge of Parcel 016-54 and the
proposed Lexington Hills First Addition. This location will not interfere
with the development of either parcel because of the required setback of
A
building construction from the property line. Permanent easements will be re-
quired across Parcels 016-54, 017-54, 019-54, 014-54, 012-54 and 032-54.
Temporary easements for construction purposes will be required from all par-
cels benefited by this project. All easements are expected not to interfere
with the development of the lots. No special allowance has been made -in the
project costs for these easements.
The standard permits from the MPCA and MWCC will be required. No delay in
issuance
®"
of permits is anticipated as this sanitary sewer is in accordance
with the approved Comprehensive Sanitary Sewer Plan.
COST ESTIMATES: A detaile(' cost estimate is presented as Appendix A at the
back of -this report. The total estimated cost is $133,780 which includes con-
tingencies and all related overhead. Overhead costs are estimated at 30% and
include legal, engineering, administration and bond interest but do not in-
clude an allowance for cost of acquisition of easements.
Page 2.
76984
71
AREA TO BE INCLUDED:
ASSESSMENT AREA
CONSTRUCTION AREA
SW 1/4, SW 1/4, Sec. 23,
R23W, T27N
SW 1/4, SW 1/4, Sec. 23
SE 1/4, SE 1/4, Sec. 22,.R23W,
T27N
SE 1/4, SE 1/4, Sec. 22
Parcel 016-54
Parcel 016-54
Parcel 017-54
Parcel 017-54
Parcel 032-54
Parcel 019-54
Parcel 019-54
Parcel 014-54
Parcel 014-54
Parcel 012-54
Parcel 012-54
Parcel 031-54
Parcel 031-76
Parcel 032-54
Parcel 010-77
Lexington Way
®
W. Schmidt Addn. Blk. 1,
Lots 1 6 2
ASSESSMENTS: Assessments are proposed to be levied against the benefited
property. All construction costs herein are considered to be laterals and
will be totally assessed against the benefited property. All property in this
area east of Lexington Way has previously been assessed for sanitary sewer
trunk area benefit. Property west of Lexington Way will be assessed the sani-
tary sewer trunk area benefit.
The preliminary assessment roll is included as Appendix B at the back of
® this report.
REVENUE SOURCES: Revenue sources to cover the cost of this project and for
the sanitary sewer trunk fund are as follows:
Project Cost Revenue Balance
Lateral $133,780
Lateral Assessment $133,780
$133,780 $133,,780 - 0 -
There are no trunk funds required for this project.
Trunk Area Assessments + $7,079
Page 3.
7698d y
2
4
PROJECT SCHEDULE
Present Feasibility Report
Public Hearing
Approve Plans and Specifications
Receive Bids/Award Contract
Construction Completion
Final Assessment Hearing
First Payment Due with Real Estate Taxes
Page 4.
7698d
z3
October 23', 1986
November 18, 1986
November 18, 1986
December 16, 1986
Summer, 1987
September, 1987
Spring, 1988
0
E
•
APPENDIX A
PRELIMINARY COST ESTIMATE
LEXINGTON HILLS ADDITION
SANITARY SEWER
PROJECT NO. 478
90 Lin.ft. 8" PVC, 22'-24' deep @ $25.00/lin.ft.
570 Lin.ft. 8" PVC, 20'-22' deep @ $22.00/lin.ft.
450 Lin.ft. 8" PVC, 18'-20' deep @ $19.00/lin.ft.
320 Lin.ft. 8" PVC', 16'-18' deep @ $17.00/lin.ft.
650 Lin.ft. 8" PVC, 14'-16' deep @ $15.00/lin.ft.
275 Lin.ft. 8" PVC, 12'-14' deep @ $14.00/lin.ft.
420 Lin.ft. 8" PVC, 10'-12' deep @ $13.00/lin.ft.
55 Lin.ft. Extra to jack 8" sewer under Co.Rd. 30 @ $150.00/lin.f
80 Lin.ft. Extra to jack 8" sewer under Lexington @ $150.00/lin.f
10 Each 8' deep Std. MH @ $1,000.00/each
78 Lin.ft. MH over depth @ $70,.00/lin.ft.
1 Each Connect to exist. MH @ $500.00/each
2,435 Lin.ft. Trench compaction @ $2.00/lin.ft.
5 Acres Turf Replacement @ $1,000:00/Ac.
200 Cu.yds. Rock stabilization @ $10.00/cu.yd.
30 Sq.yds. 8' wide bituminous trail repair @ $10.00/sq.yd.
100 Sq.yds. Bituminous street crossing repair @ $12.00/sq.yd.
4 Each 4"x8" Service wyes @ $15.00/each
5 Each 6"x8" Service wyes @ $15.00/each
16 Lin.ft. 4" Dia. Service riser @ $12.00/lin.ft.
20 Lin.ft. 6" Dia. Service riser @ $13.00/lin.ft.
Total
+5Y Contingencies
+30% Legal, Engrng., Admin. S Bond Interest
TOTAL SANITARY SEWER ................................
Page 5.
7698d , 1
$ 2,250
12,540
8,550
5,440
9,750
3,850
5,460
t. 8,250
t. 12,000
10,000
5,460
500
4,870
5,000
2,000
300
1,200
60
80
190
260
$ 98,010
4,900
$102,910
30,870
$133,780
4
Page 6.
7698d
25
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
LEXINGTON HILLS ADDITION
SANITARY SEWER
PROJECT NO. 478
Total
Project,
Parcel
Assessable
Lateral
Description
Footage
Rate/F.F.
Assessment
SW�t, SW�4, Sec. 23, T27,
R23
Parcel 016-54
356 F.F.
$32.25
$11,481
Parcel 017-54
1,067 F.F.
32.25
34,411
Parcel 032-54
310 F.F.
32.25
9,998
Parcel 019-54
810 F.F.
32.25
26,123
4
Parcel 014-54
407 F.F.
32.25
13,126
Parcel 012-54
267 F.F.
32.25
8,611
SE`s, SEti, Sec. 22, T27,
R23
Parcel 010-77
470 F.F.
$32.25
$15,158
Parcel 031-76
215 F.F.
32.25
6,934
W. SCHMIDT ADDITION
Lot 1, Blk. 1
143 F.F.
$32.25
$ 4,621
Lot 2, Blk. 1
100 F.F.
32.25
3,225
0
TRUNK AREA ASSESSMENT @
$1,261/ACRE
Parcel 010-77
2.20 Ac.
$1,261
$2,774
Parcel 031-76
2.47 Ac.
1,261
3,115
W. SCHMIDT ADDITION
Lot 1, Blk. 1
1 Lot
$595/Lot
$ 595
Lot 2, Blk. 1
1 Lot
$595/Lot
595
Page 6.
7698d
25
020-75
012-76
I
I
I
^ 1
/v) 1
I
I
011.76
031-76
O ❑ Q
3
W SCHM/OT ADDIT/ON
(D V 2
010-77
® II DIFFLEY
z
P—
f7
Z
X
W
J
J
N
O 300 O
Scole In Feet
LEX/NGTON HILLS
L AMMON
//� 017-54
019-54 SV
CITY, OF FMAM
014-54 031-54 PROPOSED 8
c1 SANITARY SEWER
b 016-54'
d
'Z
032-54 FKIR ER
W 2I LAi
012-54
(Co. Rd. No. 30)
LEXINGTON HILLS ADDITION
SANITARY SEWER
PROJECT NO. 478
EAGAN, MINNESOTA
EXIST. 10" SANITARY
SEWER
BONESTR00, ROSENE, ANDERUK
& ASSOCIATES, INC.
Engineers do Architects
St. Paul, Minnesota
Date: Sept. 1988 Fig. No. 1
Comm. 49400'
019-54
014.54
012.54
L/TY or FAGAN
031-54
032-54
Rd. No. 30
® LATERAL SEWER ASSESSMENT
TRUNK SEWER AREA ASSESSMENT
LEXINGTON.HILLS AWITION
SANITARY SEWER
PROJECT NO. 478
EAGAN, MINNESOTA
7
N
0 300
5vt1a In Feet
LEX/ND70N HILLS
ADD/TION
017-54
p 016-54
a
0
K/ ER
W O LAZA
2 1
I '
BONESTROO, ROSENE, ANDERUK
& ASSOCIATES, INC.
Engineers & Architects
St. Paul, Minnesota
Date: Sept. 1988 Fig. No. 2
Comm. 49400
020-75
012.76
I
I
I
I
I
I
I
OII-76 I
I
I
\0�
\-Iin
N
\
I�
W. SWM/OT ADDDD/T/ON
(D'\/ J
\ 010-7\
D FF EY \ 0
019-54
014.54
012.54
L/TY or FAGAN
031-54
032-54
Rd. No. 30
® LATERAL SEWER ASSESSMENT
TRUNK SEWER AREA ASSESSMENT
LEXINGTON.HILLS AWITION
SANITARY SEWER
PROJECT NO. 478
EAGAN, MINNESOTA
7
N
0 300
5vt1a In Feet
LEX/ND70N HILLS
ADD/TION
017-54
p 016-54
a
0
K/ ER
W O LAZA
2 1
I '
BONESTROO, ROSENE, ANDERUK
& ASSOCIATES, INC.
Engineers & Architects
St. Paul, Minnesota
Date: Sept. 1988 Fig. No. 2
Comm. 49400
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Seven
VACATE PUBLIC RIGHT-OF-WAY - COACHMAN ROAD EXTENSION
B. Vacate Public Right -of -Way, Coachman Road Extension (Hampton
Heights) --On October 21, the Council received a petition to
consider the vacation of a portion of Coachman Road that was
abandoned due to its realignment through the Hampton Heights
development. While the original public hearing was scheduled for
November 18, staff was not able to publish the proposed vacation
in the legal newspaper in the time frames required by law.
• Therefore, this public hearing will have to be continued for
formal consideration at the December 2 meeting.
•
ACTION TO BE CONSIDERED ON THIS ITEM: Continue consideration of
vacating public right-of-way for Coachman Road Extension (Hampton
Heights) to December 2, 1986.
Z
4
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Eight
OLD BUSINESS
CORRECTIVE STRATEGIES FOR PART 150
A. Corrective Strategies for Part 150 --At the November 6, 1986
regular City Council meeting, the Administrative Assistant
Hohenstein appeared and presented four (4) corrective measures
that are under consideration by the Metropolitan Airports
Commission in the land use planning section of the Part 150 Study.
Those corrective elements are as follows:
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 4
and restrictions.
2. Purchase Assurance Program - guarantee purchase of existing
homes in the 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 to 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.
4. Purchase Avigational Easements - purchase avigational
easements in designated areas.
These corrective elements were reviewed at the last City Council
meeting and it was determined that each City Council member should
be given a copy of the entire Part 150 Study to assist in further
consideration of the corrective elements proposed by MAC. During
the past several months, the Aiport Noise Committee has reviewed
many aspects of the Part 150 Study and many strategies that have
required some type of legislative consideration have been presented
by way of a resolution and/or letter to the City Council for
review. The Part 150 Study was referenced and addressed as a
part of the Airport Noise City Council workshop session.
Administrative Assistant Hohenstein has provided a copy of the
Part 150 Study and correspondence relating to the study which
represents many of the City of Eagan's concerns relative to the
Part 150 Study. For a further review and understanding of the
intent of the Part 150 Noise Compatibility Plan, which is a recom-
mended noise abatement program, refer to pages 18 through 20
z9
•
•
Agenda Information
November 18, 1986,
Page Nine
Memo
City Council Meeting
of Jon's handout which' 'outlines the.' proposed objectives 'of the
Part 15,0 Study.
ACTION TO BE CONSIDERED ON THIS ITEM: to., provide direction regard-
ing the corrective elements as proposed by MAC for the Part 150
Study,.
3�
Agenda Information
November 18, 1986,
Page Ten
Memo
City Council Meeting
ROYAL OAK CIRCLE/AMENDMENT TO HOUSING REVENUE BOND RESOLUTION
B.. Resolution Authorizing Amendment to $12,580,000 Multi -Family
Rental Housing Revenue Bonds for Royal .Oak Circle Project --The
developer of the Royal Oak 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 shrot 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. After further
review legal counsel for Richard Asp has decided to proceed ,with
the conditions of the aforementioned resolution,.
For a copy of the resolution, refer to pages 31,, through
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny adoption
of a resolution that would allow the Royal Oak Circle 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.
3/
•
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
z._
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
,�A
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 O
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 documents delivered
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
_®
.;"�pitN!r'Y 'ii lug [ ;•
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 q
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
Cx in the form on file with the City on the date hereof, and is hereby approved, with,
'y'';
such necessary variations; omissions, and insertions as do not materially affect the
C >' 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 8. 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 q
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 intended or 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
:"3 resolution, the Bond Resolution, and the Bonds shall be construed as if such illegal
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 agreemeirts'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.
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.
6
Mayor
•
7J
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Eleven
FINAL PLAT APPROVAL - FAIRWAY HILLS 1ST ADDITION
C. Final Plat Approval for Fairway Hills lat Addition --On
October 18, the 60 day conditional final plat approval for the
Fairway Hills 1st Addition granted by Council action on September
18 formally expired. The developer's request for a 3 month
• extension was considered by the Council on November 4 with the
item being continued until November 18 to allow the developer an
opportunity to complete the required financial planning necessary
to allow this plat to be recorded. As of this date, the staff
has not received any response from the developer indicating their
ability to comply with these requirements to allow the Council to
grant an extension.
•
Therefore, if nothing ,has changed by the date of the Council
meeting on November 18, it is staff's recommendation that the
approval granted for the Fairway Hills 1st Addition final plat on
September 16 be revoked and be considered null and void.
ACTION TO BE CONSIDERED ON THIS ITEM: Revoke/extend (to a
specific date) final plat approval for Fairway Hills 1st
Addition.
3�
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Twelve
CONSIDERATION OF TRAPP COURT CDL -DE -SAC
D. Consideration of Trapp Court Cul-de-sac, Eagandale Office
Park 3rd Addition --The proposed Eagandale Office Park 3rd
Addition is the current site of the newly constructed Opus
Building housing the Sperry defense systems. While the building
permit was issued under the old underlying legal description, the
developer has been pursuing replatting the property consolidating
several of the older underlying lots.into'the proposed Eagandale
Office Park 3rd Addition. As a part of that proposed plat, the
developer originally proposed the dedication and construction of
the Trapp Court cul-de-sac as shown by the layout enclosed on
page I_. At the time that the preliminary plat was approved
by Council action on December 3, 1985,` a condition was imposed
which would require the cul-de-sac to be eliminated. In July,
Bob Worthington, representing Opus Corporation, requested
reconsideration by the Council of the cul-de-sac elimination
requirement. At that time, the Council would not reconsider due
to the lack of alternate configurations for comparison and
consideration. See Council minutes, page_.
Subsequently, enclosed on page Y is another, request from the
developer wherein he forwarded Al erna A enclosed on page -41-
and Alternate B enclosed on page for comparison to the
requested Trapp Court cul-de-sac. The configuration of Alternate
A is necessary to maintain proper spacing between major
intersections. This results in an unsatisfactory access grade
from Corporate Center Drive due to the lot elevations. It also
results in an unbuildable parcel to the west.
Alternate B is feasible but it requires the relocation of
approximately 60 vehicles requiring the acquisition of additional
property to the east of the Sperry facility for the expansion of
the parking lot.
In consideration for approval of the Trapp Court cul -de -,sac as
proposed, the developer has agreed to perform perpetual winter
snow and ice control maintenance on this cul-de-sac minimizing
the City's maintenance responsibilities.
The developer will provide additional discussion regarding the
various alternates at the meeting on November 18.
ACTION TO BE CONSIDERED ON THIS ITEM: Reconsider the requirement
of the Trapp Court cul-de-sac elimination as a condition of plat
approval for the -Eagandale Office Park 3rd Addition.
-39
41
•
w
0 0
PRELIMINARY PLAT OF.
tAGANDALt OFFICE PARK 3RD AbbITION
414
Vii: _�^. � i \`I C •'=-=Z���i ���.
PRO POSE o
PL - Ar
Council Minutes
December 3, 1985
OFFIC
EAGANDALE bNMMSR14,h•PARK 3RD ADDITION - PRELIMINARY PLAT
The application for preliminary plat approval of Eagandale Industrial Pa %
3rd Addition consisting of a replat of Eagandale Industrial Park Lots 2, 3,
and 4, Block 2, came to the Council. The APC recommended approval at its
November 26, 1985 meeting, subject to certain conditions. The plat would
combine four existing lots and three new lots,. north of Corporate Center Drive
and west of Trapp Road, according to Dale Runkle. There was considerable
discussion concerning the cul-de-sac proposed to be converted to a private
cross easement built to City standards. Gerald Sunde of Sunue Engineering was
present and recommended that the cul-de-sac remain a public street. After
review, Smith moved, Thomas seconded the motion to approve the prelimindr
plat application for Eagandale Industrial Park 3rd Addition, subject to the
following conditions:
1. The proposed public cul-de-sac shall be eliminated and a private
street be provided for access to the lots.
2. The owner and developer will be responsible for any damage to any
retaining wall and grading damages as a result of necessary maintenance of
the City's storm and sanitary sewer lines within the sanitary and storm sewer
easement along the southwesterly boundary of the property.
3. The watermain that the developer proposes to construct shall be built
in accordance with City specifications and properly verified that the
contractor adhered to City standards.
i
4. This development will be responsible for obtaining the necessary MWCC
connection permits.
5. The cul-de-sac, Trapp Court, shall be constructed in accordance with •
City standards for a tear drop design and 9 ton standards.
6. This development shall dedicate a 20 foot utility and drainage
easement adjacent to all publicly dedicated right-of-way.
7. This development shall dedicate the appropriate right-of-way necessary
for the cul-de-sac to conform to City standards.
8. The plat shall be subject to all applicable ordinances.
All members voted yes.
41
OPUS CORPORATION
® DESIGNERS -BUILDERS. DEVELOPERS
September 2, 1986 l,C h�CIJ IJP 0 r �atid
���r �'.�
Mr. Thomas Colbert
Director of Public Works
City of Eagan _
P.O. Box 21199
Eagan, Minnesota 55121
Re: Trapp Road Cul—De—Sac
Dear Tom:
• Opus Corporation, on behalf of Northwestern Mutual Life .Insurance, requests
that the Trapp Court Cul—de—Sac located north of the intersection of Trapp
Road and Corporate Center Drive, which was,continued in July by the Council, q
be placed back on its agenda for final resolution.
We have completed the through loop street design study requested by
Councilman Jim Smith to assess the impact of that alignment on the Sperry
site and the proposed development which adjoins it and would Pike to report
our results to the Council. Because Northwestern Mutual and Sperry need to
know the final position of the Council on the acceptance of Trapp Court as a
city street to complete their land and building transaction, Opus would
appreciate having the item placed back on the City Council agenda as soon as
possible for final resolution. Thank you.
'Sincerely yours,
Ro�tthingt AICP
Executive Director — Governmental Affairs
RAW: jo
TY
OPUS AND AFFILIATES IN MINNEAPOLIS • CHICAGO • PHQENIX • MILWAUKEE • TAMPA • PENSACOLA
EXECUTIVE OFFICES: B00 OPUS CENTER • 9900 BREN ROAD EAST • P.O.BOX 150 • MINNEAPOLIS., MINNESOTA 55A40 (612)WGaw<
142
"elk"
om endo
9U3LV#rCaM COO AMIMS / IM —
i
.... ....... .
........ .....
. ........ ....... . .....
I TTTT7-
JI
142
"elk"
om endo
9U3LV#rCaM COO AMIMS / IM —
i
.... ....... .
........ .....
. ........ ....... . .....
I TTTT7-
A
..................
.................
_______ ______
73
.r
D
;;I;
_
.,
....
i
.,
_.
... ...
•
SNL/SPERRY CSD HEADCUMRERS _ �...wsn....,a.o..w,..—,•u••
C2 �`�� .» ^•-�^ ®OPUS CORP RATION
auwq urim rux pEgE]..g]gw •,=g oew.o�m
y.wMM •—
� P.6 by IM YLvsoly WlL.ppl]lilUM • .IIN.BW�C�r d., Wnl Pro•{sLIL ®A(]t]IW •••• • ]]]EN1agYn iY•. 1tl1•�i1 M16V@I.1.IT1.]Om • ]M N. fimN.r.Plvi.,Kf41]I!�'P�]ml
73
.r
D
SNL/SPERRY CSD HEADCUMRERS _ �...wsn....,a.o..w,..—,•u••
C2 �`�� .» ^•-�^ ®OPUS CORP RATION
auwq urim rux pEgE]..g]gw •,=g oew.o�m
y.wMM •—
� P.6 by IM YLvsoly WlL.ppl]lilUM • .IIN.BW�C�r d., Wnl Pro•{sLIL ®A(]t]IW •••• • ]]]EN1agYn iY•. 1tl1•�i1 M16V@I.1.IT1.]Om • ]M N. fimN.r.Plvi.,Kf41]I!�'P�]ml
•
W.
Agenda Information Memo
November 18, 1986, City 'Council Meeting
Page Thirteen 1.
VARIANCE/LOTS 3 - 5, BLOCK 1, SUN CLIFF ADDITION
A. Variance for a 5' Variance from a 30' Front Yard Setback
for Lots 3, 4, and 5 of Block 1, Sun Cliff Addition --An applica-
tion was presented to the City by Advance Developers, requesting
a 5' front yard setback from the 30' front yard setback require-
ment for Lots 3, 4, and 5 of Block 1. The variance request will
reduce the setback from 30' to 2'5'. For additional information,
refer to the Planning Department report, a copy is enclosed on
pages through 4__
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
5' variance request as presented for Lots 3, 4, and 5 of Block
1, Sun Cliff Addition.
A
CITY OF EAGAN
SUBJECT: Variance
APPLICANT: ;Advance Developers:
LOCATION:.--Lots 3,4,5, Block 1, Sun Cliff 3rd Addition
EXISTING ZONING: P.D. Eagan Hills West
DATE OF PUBLIC REARING: November 18, 1986
DATE OF REPORT: November 13, 1986
REPORTED BY: Planning Department
• APPLICATION SUMMARY:
An application has been submitted by Advance Developers .requestirLg A'
a 5' front yard setback to 25' on Lots 3, 4, 5, of Block 1 in
the Sun Cliff 3rd Addition, All three duplex lots have frontage
on Deer Hills Trail. Northern Natural Gas Company has an easement
along the rear .property line of these lots. By granting this
Variance, the distance from the dwellings to the easement will
be at least 15'. The developer would be receptive to making
lots 1 and/or 2 also have the 251. setback for greater unity if
so desired by the Council.
If approved, this Variance shall be subject- to all applicable
Code requirements.
SUN CLIFF THIRD ADDITION
(SOUTXPOINTE COURTYARD HOMES)
ADDRESS PLAT
ROAD
r_
e , a
3
m
••.. it
DEER
Ms—'
lq
ROAD
r_
e , a
3
m
4er.lrvn 4•brel 4.a C�r••parr,l. Eas•ren\� ..
- e ae ee�ao-e
e.or
% Vw
T L
•7 YK �� .en."r •i•• �I-Nitp
1 Bn• Mons. �• 2 -
Unto
Nuounount
T 1 • � . o-n.a.. w.a.n .u\.
al It•o., 0.n..Y rrnpa..
�'rinYn.J G[auna e].v
—N`�„ aac •cue LF—u..a.. Dlr.<.bn
ee su[t•c• Duln.p. -'
DEER HILL5 TRAIL
Lot % •leek 1. SD" M171' A DITIOn
' [YbY LOYnt]. Illro..ou
•
,Nw,lrrn uou n l.4o C.•n.ar•1 E..#
tto"-. c 4
moi '
= r
ee,ao e
DEER HILL5 TRAIL
YL <..lmk 1. SW CLIVI..ITtM
D•You Cowt, IYru..bu
normo..,
. uiroa... wee....... -
,,otoo a 4i.p. rlror G
IM.I 1 0.roau Fi.i.•
rbdroe mwne u... '
olr.etloe
.uit•e•Dr\In.p.
1SN Mp.
Q
o urea•. sloe
1•en...ne
• uro[•..eoe.e .e.\.�
s`I...... to
p• nmr
I...LII 0.ron. rre...•e
rbl.n.a C...d eL.ee4
Dor
01.. ....sola•
N[4c. D...n.p.
Krtleel "tun - e.G...I
112, .1.
e_
\
Ku
_
- OMip.
L•Cy" 4
e.�ea .. M•.y
e•eoo ao-
DEER
HILLS
Lot S. .look 1. SVx�CL[rr 1WiiiD1
p\ea. C..". 11 —.0
normo..,
. uiroa... wee....... -
,,otoo a 4i.p. rlror G
IM.I 1 0.roau Fi.i.•
rbdroe mwne u... '
olr.etloe
.uit•e•Dr\In.p.
1SN Mp.
Q
o urea•. sloe
1•en...ne
• uro[•..eoe.e .e.\.�
s`I...... to
p• nmr
I...LII 0.ron. rre...•e
rbl.n.a C...d eL.ee4
Dor
01.. ....sola•
N[4c. D...n.p.
Krtleel "tun - e.G...I
112, .1.
Agenda Information Memo
November 18, 1986,.City Council Meeting
Page Fourteen .
VARIANCE FOR LOT 7, BLOCK 3, CEDAR GROVE 3
B. Variance (Walter Larson) for a 7.5" Variance from a 30' Setback
Along Public Street for Lot 7, Block 3, -Cedar Grove 3 --An applica-
tion was submitted by Walter Larson of 2:014 Jade Lane, requesting
a 7.5' front yard variance along Rahn Road. The Larsons are
proposing an 8' x 24' addition which is shown on the plan and
addressed in the report prepared by the Planning Department and
enclosed on pages ;1 through y<0 .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve
7.5' variance for Lot 7, Block 3, Cedar Grove 3.
•
•
FA
or deny the
•
CITY OF EAGAN
SUBJECT: Variance
APPLICANT: Walter Larson
LOCATION: Lot 7, Block 3, Cedar Grove 3rd
EXISTING ZONING: R-1
DATE OF PUBLIC HEARING: November 18, 1986
DATE OF REPORT: October 31, 1986
REPORTED BY: Planning Department
APPLICATION SUMMARY:
An application has been submitted by Walter and Mayme Larson
of 2014 Jade Lane requesting a 7.5' front yard variance along
Rahn Road. The driveway access to this property is from Jade
Lane. The couple purchased the home in 1978 unaware of the 30'
setback requirement along public streets. The proposed' 8' x
24' addition will be 22.5' from ---the right of way line at its
closest point and the lot coverage will remain well within Code
requirements. If Rahn Road is upgraded, additional right-of-way will
be acquired from the east side of Rahn Road.
If approved, this variance shall be subject to all applicable_
ordinances.
t9
•1
�J
:w
Nas .OM
Ana-wb
uh��W vrvv
ary �goomw qui
Ltm
�tl� �a4C
'09 XIOAda 's,op J46511)
2- Hayek
Agenda Information
November 18, 1986,
Page Fifteen
Memo
City Council Meeting
CONDITIONAL USE/UNITED METHODIST CHURCH
C. Conditional Use Permit for a Pylon Sign on Lot 1, Block 1,
for Advent United Methodist Church --A public hearing was held
before the Advisory Planning Commission at their last regular
meeting held on October 28, 1986, to consider a conditional use
permit for a monument type sign over 7' tall to identify the
Advent United Methodist Church on Lexington Avenue. The APC
is recommending approval of the conditional use permit.
For a copy of the Planning Department report, refer to pages
through 51,3 • For a copy of the APC action on this item,
refer to page(s)_i�4,
• ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit for Advent United Methodist Church to
allow a pylon sign.
•
-6,1
11
CITY OF EAGAN
SUBJECT: CONDITIONAL USE
APPLICANT:
ADVENT
UNITED
METHODIST CHURCH
LOCATION:
NE 1/4
SECTION
22
EXISTING ZONING:
DATE OF PUBLIC HEARING:
DATE OF REPORT:
REPORTED.BY:
P. F. (PUBLIC FACILITIES)
OCTOBER 28, 1986
OCTOBER 17, 1986
PLANNING DEPARTMENT
® APPLICATION SUMMARY: An application has been submitted by Advent
United Methodist Church requesting a Conditional Use application
for a monument type sign over 7' tall at the nearly completed
church site along the west side of Lexington Avenue. A
The 25' sign will be made of cedar and have two signage areas
approximately 4' wide. - The message portion will be internally
lighted while the rest of the sign will be spotlighted. The
City Code exempts church signs from the one time permit fee.
One on -property church sign for each church site is permitted.
The Conditional Use is.for the proposed height only.
If approved, this Conditional Use shall be subject to all City
sign ordinances.
ASSESSMENTS: In researching ,our assessment records, we found
• we incorrectly assessed this development, through the development
contract, for trunk area 'water upgrade to commercial/industrial.
It is City policy to, access churches at the residential rate
for trunk area water.. Staff will contact the county to remove
this assessment from the records.
•'� WKSTBURY /ST ADDITIONd�c l'
BENCH MARK TOP OF MANHOLE 887.4 I\ �. ,'d
Aee 6'w -
Aa1 sw 497.0'
IL
rT
1.
IN. Fj'A. 8 2.0
✓ ^._ .I ,mow
Lo
METHoo15r 1 XI2 � -�;
1 do 497.0' ` ApA PTO
- 1 1
� V
p OPE'."
S / '
NORTH
..
MF -S U- ,.
FoARO
' (AB)<, SIGN PROPOSAL
' 5o1X4�c��
\
11
SIM DATA
T'OIe.. &rTa &,CFA • zo9,2oo 3q.FT ♦.KS ACRCS
W=W, A0,97, 7,500 Sq. Ff. .172 Ari s
FA wq oRrvcs • 4-41 60o sq. PT- I.oze A Ks
cezo ASFAA . ISo.sao 64 FT 9.45 .recS
s ear. ("a 'j
PROPOSED.
SIGN LOCATION
E tff F✓pK ecN
V �M{GF lr{ydLIXL� (MH)
be architects, Inc.
lake elmo7 minnesota
Is
APC Minutes
October 28, 1986
Harrison moved, Voracek seconded the motion to continue the application to
the November meeting. There was discussion in regard to the ability of the
Planning Commission to continue the matter on its own initiative, should
further information be necessary at the next meeting. It was the opinion of.
the Commission that the applicant had requested the continuance at this
meeting and the previous meeting, and thus the Commission would still havii 60
days to review the request for rezoning, calling for a continuance,` if
necessary, at the next Planning Commission meeting. Staff and the developer
were specifically directed to address the issue of density of 25 units per
acre and the highrise building, in addition to the need for more commercial
zoning in light of the Comprehensive Guide Amendment process, and City-wide
problems with requests for additional Commercial zoning. In addition, further
information was requested from staff in regard to the Blackhawk Park PUD
Agreement and the maximum density allowed thereunder, and any density swaps
that may have occurred. All voted in favor.
ADVENT UNITED METHODIST CHURCH - CONDITIONAL USE PERMIT
The public hearing in regard to the request of Advent United Methodist
Church for conditional use permit for a sign in excess of 7 feet in height was
then convened by Chairperson McCrea. Mr. Dale Runkle indicated that the
proposed sign met all City ordinance requirements, relative to. signs. There
being no appearance on behalf of the applicant or the public, the public
hearing was closed. Harrison moved, Wilkins seconded the motion to recommend
approval of the conditional use permit for the 25 foot sign made of Cedar with
two signage areas of approximately 4 feet in width, subject to the condition
that the sign meet all City Code requirements, including set back from lot
lines. All voted in favor.
ABF FREIGHT SYSTEMS - CONDITIONAL USE PERMIT
The next public hearing of the evening was convened by Chairperson McCrea
.upon the application of ABF Freight Systems for a conditional use permit for a
pylon sign, 22 feet in height, with two 6 by 8 foot signage areas on Lots 3
through 6, Plainview Addition in the northwest quarter of Section 2. City
Planner Runkle explained that the application was necessary because the sign
exceeded a 7 foot height limitation, and he provided the history of the use of
this parcel of property. He also indicated that the sign was 380 feet from
the nearest pylon sign owned by E -Z Airpark. The developer was present but
made no presentation. There was no one from the public requesting a hearing.
At the Commission's request, Mr. ,Runkle pointed out that the landscape plan
would be completed or a bond submitted for completion of it as a condition to
issuance of the conditional use permit.
, Mr. Colbert addressed the issue of the $49,000.00 in assessments which had
been previously overlooked when improvements were installed for the benefit of
this parcel. The applicant indicated that he had just received this
information and was forwarding it to the owner's Corporate office.
•
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Sixteen
CONDITIONAL USE PERMIT/PYLON SIGN FOR ABF FREIGHT SYSTEM
D. Conditional Use Permit (ABF Freight System) for a Pylon Sign
for a Truck Company on Lots 3 - 6, Plainview Addition --A public
hearing was held before the Advisory Planning Commission at their
last regular meeting held on October 28, 1986 to consider a
conditional use permit application submitted by ABF Freight Systems
for a pylon sign located along Lexington Avenue, north of the
E -Z Airpark facility. The APC is recommending approval of this
application.
For additional information on this item, refer to the Planning
Department report, a copy is enclosed on pages 56 through
Also for a copy of the APC minutes, refer to page(s) a,,-6/. �—
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit as presented by ABF Freight Systems for
a pylon sign.
ss
CITY OF EAGAN
SUBJECT: CONDITIONAL USE
APPLICANT:
ABF
FREIGHT SYSTEMS
LOCATION:
LOTS
3-6 PLAINVIEW ADDITION,
NW 1/4 SECTION.2
EXISTING ZONING: L. I. (LIGHT INDUSTRIAL)
DATE OF PUBLIC HEARING: OCTOBER 28, 1986
DATE OF REPORT: OCTOBER 17, 1986
REPORTED BY: PLANNING DEPARTMENT
• APPLICATION SUMMARY: An -application has been submitted by ABF
Freight Systems requesting a Conditional Use Permit for a pylon
sign located along Lexington Avenue just north of the E -Z Airpark
facility.
The proposed interior lighted, pylon will be 22' tall with a
two sided 6' x .8' (42 sq. ft.) signage area. This sign will
be a minimum 300' from the E. Z. Airpark pylon and 10' within
the property as Code requires.
On December 3, 1985, the City Council _approved a Conditional
Use .for outside storage of vehicles at this location. At that
time a condition required an updated Landscape Plan approved'
by City Staff. A plan was submitted, approved, but not implemented
by the owners.
• ASSESSMENTS: Lots 3, 4, 5, and 6 of the Plainview Subdivision were
assessed the following trunk area assessments:
Project # Description Usage
12 Sanitary Sewer Trunk Commercial
14/179 Water Area Commercial
(1) 302' Storm Sewer Trunk Commercial
The following assessments are proposed as a condition for the
issuance of the conditional use permit:
Description Project # Usage Rate Quantity Amount
Trailway C/I $11.81/FF 485 FF $ 5,727.85
Street C/I 78.45/FF 485 FF 38,048.25
Storm Sewer Trunk (1) 302 C/I $ .075/SF 74,693 SF 5,601.98
(1) To correct the understatement of/areas when Project #302 was assessed.
ABF FREIGHT SYSTEMS - CONDITIONAL USE
PAGE 2 '
CONDITIONS•
1. Implementation of the previously submitted Landscape Plan,
approved on December 3, 1985.
2. The one time Sign Fee of $2.50/square foot.
3. All applicable Sign Ordinances.
4. The applicant shall either pay the assessment amounts or
execute a waiver of hearing to have them spread as special
assessments.
•
•
S?
u
A"IAINj
g6v,ow 1,�,1t6e5
'R�jLK P�Kvwl'�
S" N /O/P&
i
yE• ' D fc/, �f./�
SeG'IIOM
PLANTING DETAIL
Avr TO crsa.E.
12- A@ SA'
9
oMl Alip A+w_Y lb T� -
� OVO(dfliM 11Y`�� '
*79n !Zn I PTIMftYAM - Of AL [Wr OI AM 1 CCYPC I AVnIR
Pit tad Mt
A *''( F
i
0
U
O
I COMMON NAME
BOTANICAL NAME
I SIZE
I TYPE
A
Z
w rwN %VZRlM'm
RrJIWY/ rrxrm vwwd,
1lWAVLIii +ZW,(M'
Z -V
PD
■
Z
w "y NMA
HIP n,&"Vm
%W
co
C
4
WRYiY GWN?RA6
McA/OY1AJU!1/t%Il
4•
IA
o
v
r"m w4ImP
ranan mpwrr4%
u'
1Pf
mwvvi&A lv.tn
PROPOSED A• ON A' NNIN
CHAIN LIN[ FENCE
IALIONMENT M AP OAOIATE]
APC Minutes
October 28, 1986
Harrison moved, Voracek seconded the motion to continue the application to
the November meeting. There was discussion in regard to the ability of the
Planning Commission continue the matter on it own initiative, should
further information be n essary at the next meeting. It was the opinion of
the Commission that the applicant had requested the continuance at this
meeting and the previous m ting, and thus the Co ission would still havi! 60
days to review the request or rezoning, call' g for a continuance,' if
necessary, at the next Plannin Commission mee ing. Staff and the developer
were specifically directed to address the ' sue of density of 25 units per
acre and the highrise building, i -addition t the need for more commercial
zoning in light of the Comprehens yinv
Amendment process, and City—wide
problems with requests for additionial zoning. In addition, further
information was requested from regard to the Blackhawk Park PUD
Agreement and the maximum density areunder, and any density swaps
that may have occurred. All voted
ADVENT UNITED METHODIST CHURCH — CONDITIONAL USE PERMIT
The public hearing in. rega to the reque\subject
ent United Methodist
Church for conditional use per it for a sign in e7 feet in height was
then convened by C/Pern McCrea. Mr. D'e
in
that the
proposed sign met allfinance requirementse to signs. There
being no appearance oof the applicane public, the public
hearing was closed. moved,Wilkins secmotion to recommend
approval of the condie permit for the 25gn made of Cedar with
two signage areas oftely 4 feet in widtct the condition
that the sign meet all City Code requirements, including set back from lot
lines. All voted in favor.
ABF FREIGHT SYSTEMS — CONDITIONAL USE PERMIT
• The next public hearing of the evening was convened by Chairperson McCrea
upon the application of ABF Freight Systems for a conditional use permit for a
pylon sign, 22 feet in height, with two 6 by 8 foot signage areas on Lots 3
through 6, Plainview Addition in the northwest quarter of Section 2. City
Planner Runkle explained that the application was necessary because the sign
exceeded a 7 foot height limitation, and he provided the history of the use of
this parcel of property. He also indicated that the sign was 380 feet from
the nearest pylon sign owned by E—Z Airpark. The developer was present but
made no presentation. There was no one from the public requesting a hearing.
At the Commission's request, Mr. Runkle pointed out that the landscape plan
would be completed or a bond submitted for completion of it as a condition to
issuance of the conditional use permit.
Mr. Colbert addressed the issue of the $49,000.00 in assessments which had
been previously overlooked when improvements were installed for the benefit of
this parcel. The applicant indicated that he had just received this
information and was forwarding it to the owner's Corporate office.
W
04
A
APC ,Minutes
October 28, 1986
Harrison moved, Hall seconded the motion to recommend approval of the
conditional use permit, subject to the following conditions:
1. Implementation of the previously submitted Landscape Plan, approved on
December 3, 1985.
2. There shall be a one-time Sign Fee of $2.50 per square foot.
3. All applicable Sign Ordinances shall be adhered to.
4. The applicant shall either pay the assessment amounts or execute a
Waiver of Hearing to.have them spread as special assessments.
All voted aye.
OPUS CORPORATION - WAIVER OF PLAT
Chairperson McCrea then convened the hearing in regard to the request for
waiver of plat by Opus Corporation, for Lots 6 and 14, Eagandale Center
Industrial Park, and Lot 3, Block 1, Eagandale Center Industrial Park No. 7,
to combine Tract "A" with the parcelsnorth of Tr t "B" for a road in Tract
"C" as a separate parcel located in part of the outhwest quarter of Section
3, east of Pilot Knob Road, off of Eagandale Bl . City Planner. Runkle
introduced the proposal, adv'sing that the c -de-sac had been constructed,
although not deeded over to he City. Due to he need for the cul-de-sac and
existing construction, it had ecome a house- eeping' issue to make sure that
the street would be deeded t the City and that the leftover parcel be
attached to an existing parcel Hall mov d, Harrison seconded the motion to
recommend approval of the waiver f plat subject to all applicable code
provisions and a park dedication a of .02 per square foot. All voted yes.
NORTHWESTERN BELLTygEPHONE - WAIVER OF PLAT
Chairperson McCrea/parcel
conv ed he public hearing in regard to the
application of Northweell elepho a for a waiver of plat to split a .11
acre parcel from Pao. 022-26 or a utility building located in the
northwest quarter of S2 west of D\wa
d, abutting County Road #30.
Mr. Dale. -Runkle adviseommission te exhibit packet was in error
and indicated that cel was somewger in size. He also advised
that the building is unstruction anthe other permits had been
obtained. It appearedhe waiver ot was a house -keeping issue to
allow ownership of tel by Northweell. Mr. Michael Minenko was
present as attorney fohwestern Bell Mr. Robert Dokken. Mr.
Dokken indicated that�the original condise permit was requested in
December of 1985 frgm the Planning Commissd proved by the City Council
in. February of 19 with the recommendatit t parcel size be increased
to allow for setbacks. The waiver of plateede in order to record the
deed. There was no one present to object to the proposal and the public
hearing, was closed. Harrison moved, Wilkins seconded the motion to recommend
approval of the waiver of plat, subject to the condition that adequate
landscaping be provided for all Northwestern Bell substation sites in the City
of Eagan. All voted yea.
W 3
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Seventeen
WAIVER OF PLAT/EAGANDALE CENTER INDUSTRIAL PARK
E. Waiver of Plat (opus Corporation) for Lot 6 and 14, Block
4, Eagandale Center Industrial Park and Lot 3, Block 1, Eagandale
Center Industrial Park No. 7 to Combine. Tract A with the Parcel
to the North --A public hearing was held by the Advisory Planning
Commission at their last regular meeting held on October 28,.
1986, to consider an application submitted by Opus Corporation
requesting a waiver of plat in the Eagandale Center Industrial
Park No. 7. The APC is recommending approval of the .waiver of
plat.
® For additional information and background on this waiver of plat
application, refer to the Planning Department report, a copy
is enclosed on pages &8 through. For a copy of the action
taken by the APC, refer to those minutes found on page (s) G .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
waiver of plat as presented.
•
CITY OF EAGAN
SUBJECT: WAIVER OF PLAT
APPLICANT:
LOCATION:
EXISTING ZONING:
DATE OF PUBLIC HEARING:
DATE OF REPORT:
OPUS CORPORATION
SW's, Section
LOTS 6 & 14 BLOCK 4, LOT 3 BLOCK'l
EAGANDALE CENTER INDUSTRIAL PARK #7
L. I. (LIGHT INDUSTRIAL) & R. D. (RESEARCH
& DEVELOPMENT)
OCTOBER 28, 1986
OCTOBER 20, 1986
REPORTED BY: PLANNING DEPARTMENT
• APPLICATION SUMMARY: An application has been submitted by Opus
Corporation requesting a Waiver of Plat in the Eagandale Center
Industrial Park #7. This site is located east of Burnside Avenue•
and west of Eagandale Boulevard.
The Research & Development portion of the Eagandale Center was
zoned to act as.a buffer between Country Home Heights and the
light industrial business in the a;ea. In an effort to eliminate
traffic on Burnside and Avalon Avenues, Eagandale Court was
constructed to provide access to these R & D lots (Oakview Business
Center Phase II). 'Tract "B", Eagandale Center R. 0. W., will be
dedicated to the City. Tract "A", a small triangular parcel
containing. .14 acres, will be picked up by Elliot Auto, owners
of the lot on the north side of the cul-de-sac. Tract "C",
1.23 acres, will go to the Grainger Company for an office/distri-
bution center.
® If approved, this Waiver of Plat shall be subject to all applicable
Ordinances and a parks dedication fee of .0022/sq. ft.
J
// NEW
o•Eww
SEVE .IN
N
RL ATION
MWEN 0
EaC[.MN
n.c 14
9 , K
u•E 16
..s 17
21ISION V
DIVISION OF
SPERRY
14 4
RAND
3
...E
ee
ia•C
]LC
AMERICAN
�S�J
FRUITSSO
PRODUCE COQ,
.00 Ap
PQM ;
..7
H-.198
¢
=�Rmm
17t:, 11
3
2
"
ia•C
]LC
4 an .c
r_ `r
1.,
V
1 � 1
L`! I
EAGANDALE
COURT
NE CORNER
OF LOT 6 —
-;
i
O
POP m
o,
up
Z
14ORTH LINE OF LOT 14
♦ i 1
�♦ �_�PROPOSED
r ♦ \I �� DESCRIPTI
r
.y 3_ ♦�
ib
t
�y o 1,
y of
0000
V
F_<)Qit<,
w Q
a J
M
W
J _
z --
a
U
W
30
U
N
30
PROPOSED PROPERTY DESCRIPTION
i .`, Those parts of Lots 6 and 14, Block 4, EAGANDALE
CENTER INDUSTRIAL PARK, according to the recorded
Mat thereof, Dakota County, Minnesota, and
Lot 3, Block 1, EAGANDALE CENTER INDUSTRIAL
PARK N0. 7, according to the recorded plat thereof
Dakota County, Minnesota, described as lying
30.00 feet on each side of the following de-
scribed centerline: Commencing at the northeast
SKETCH FOR PROPOSED corner of said Lot 14; thence on an assumed
PROPERTY DESCRIPTION bearing of South 00 degrees 04 minutes 45 second
East, along the east line of said Lot 14,
distance of 30.00 feet to the point of beginning
LOTS 6 AND 149 of the
centerline be described; thence along
89 degrees 55 minutes 15 seconds West, along
a line 30.00 feet southerly of and parallel
BLOCK 4, EAGANDALE north
with the north line of said Lot 14, a distance
of 192.31 feet; thence southwesterly a distance
CENTER INDUSTRIAL of 164.93 feet along a tangential curve concave
in the enol hPact havinn a rani uc of 71(1-00 fPPi
PARK and a central angle of 45 degrees 00 minutes
00 seconds; thence South 44 degrees 55 minutes
15 seconds West, tangent to said curve, a dist-
RECEIVED
ist-
RECEIVED � P j aeo5 ante of 69.58 feet to the northeast corner of
said Lot 6, Block 4, EAGANDALE CENTER INDUSTRIAL
PARK and said centerline there terminating.
Together with those parts of said Lots 6 and
Itia�n�le Land �a�rvcyinE,+
11111111114 and said Lot 3, which lie within the circumfer-
ence of a circle having a radius of 60.00 feet.
The center of said circle is said notheast corner
gp41 E imm-I81�ngron N 554 v I�SwI
Bloomington, MN 55<74 Of Lot o, Block 4, EAGRNDALE CENTER INDUSTRIAL
(00)$91-2455 PARK, -
'-PARALLEL WITH
THE
N. LINE OF LOT
14
PROPERTY
u
o
0
W „
J F
f J
a
W
F_<)Qit<,
w Q
a J
M
W
J _
z --
a
U
W
30
U
N
30
PROPOSED PROPERTY DESCRIPTION
i .`, Those parts of Lots 6 and 14, Block 4, EAGANDALE
CENTER INDUSTRIAL PARK, according to the recorded
Mat thereof, Dakota County, Minnesota, and
Lot 3, Block 1, EAGANDALE CENTER INDUSTRIAL
PARK N0. 7, according to the recorded plat thereof
Dakota County, Minnesota, described as lying
30.00 feet on each side of the following de-
scribed centerline: Commencing at the northeast
SKETCH FOR PROPOSED corner of said Lot 14; thence on an assumed
PROPERTY DESCRIPTION bearing of South 00 degrees 04 minutes 45 second
East, along the east line of said Lot 14,
distance of 30.00 feet to the point of beginning
LOTS 6 AND 149 of the
centerline be described; thence along
89 degrees 55 minutes 15 seconds West, along
a line 30.00 feet southerly of and parallel
BLOCK 4, EAGANDALE north
with the north line of said Lot 14, a distance
of 192.31 feet; thence southwesterly a distance
CENTER INDUSTRIAL of 164.93 feet along a tangential curve concave
in the enol hPact havinn a rani uc of 71(1-00 fPPi
PARK and a central angle of 45 degrees 00 minutes
00 seconds; thence South 44 degrees 55 minutes
15 seconds West, tangent to said curve, a dist-
RECEIVED
ist-
RECEIVED � P j aeo5 ante of 69.58 feet to the northeast corner of
said Lot 6, Block 4, EAGANDALE CENTER INDUSTRIAL
PARK and said centerline there terminating.
Together with those parts of said Lots 6 and
Itia�n�le Land �a�rvcyinE,+
11111111114 and said Lot 3, which lie within the circumfer-
ence of a circle having a radius of 60.00 feet.
The center of said circle is said notheast corner
gp41 E imm-I81�ngron N 554 v I�SwI
Bloomington, MN 55<74 Of Lot o, Block 4, EAGRNDALE CENTER INDUSTRIAL
(00)$91-2455 PARK, -
APC Minutes
October 28, 1986
Harrison moved, Hall secondeU,, the me
conditional use permit, subject to he fold
1. Implementation of the pre,
December 3, 1985.
to recommend approval of the
conditions:
Landscape Plan, approved on
2. There shall be a one-time 'gn Fee o $2.50 per square foot.
3. All applicable Sign Ord' ances shall be her
to.
4. The applicant shal either pay the asses ent amounts or execute a
Waiver of Hearing to have hem spread as special asses ents.
All voted aye.
OPUS CORPORATION - WAIVER OF PLAT
Chairperson McCrea then convened the hearing in regard to the request for
waiver of plat by Opus Corporation for Lots 6 and 14, Eagandale Center
Industrial Park, and Lot 3, Block 1, Eagandale Center Industrial Park No. 7,
to combine Tract "A" with the parcels north of Tract "B" for a road in Tract
"C" as a separate parcel located in part of the southwest quarter of Section
3, east of, Pilot Knob Road, off of Eagandale Blvd. City Planner Runkle
introduced the proposal, advising that the cul-de-sac had been constructed,
although not deeded over to the City. Due to the need for the cul-de-sac and
existing construction, it had become a house -keeping issue to make sure that
the street would be deeded to the City and that the leftover parcel be
attached to an existing parcel. Hall moved„ Harrison seconded the motion to
recommend approval of the waiver of plat, subject to all applicable code
provisions and a park dedication fee of $.02 per square foot. All voted yes.
NORTHWESTERN BELL TELEPHONE - WAIVER OF PLAT
Chairperson McCrea then convene
application of Northwestern Bell Tel
acre parcel from Parcel 022
northwest quarter of Section 2 wes
Mr. Dale Runkle advised the Co is
s
and indicated that the parcel as
that the building is under constru
obtained. It appeared that the wai
allow ownership of the parcel by N
present as attorney for Northwestern
Dokken indicated that the original
December of 1985 from the Planning C
in. February of 1986 with the reco
to allow for setbacks. The waive o
deed. There was no onepresen t
hearing was closed. Harrison owed
approval of the waiver of p at, s
landscaping be provided for 11 Nort
of Eagan. All voted yea.
d the public hearing in regard to the
ephone for a w iver of plat to split a .11
-26 for a ut' ity building located in the
t of Dodd R d, abutting County Road #30.
ion that he exhibit packet was in error
somewha larger in size. He also advised
ion and all the other permits had been
er o plat was a house -keeping issue to
o h stern Bell. Mr. Michael Minenko was
Be as was Mr. Robert Dokken. Mr.
n 'tional use permit was requested in
missr. n and approved by the City Council
endation that the parcel size be increased
f plat wa needed in order to record the
o object o the proposal and the public
Wilkins sec nded the motion to recommend
ubject to th condition that adequate
hwestern Bell substation sites in the City
G`{
3
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Eighteen
WAIVER OF PLAT/NORTHWESTER BELL TELEPHONE
F. Waiver of Plat (Northwestern Bell Telephone) to Split a .11
Acre Parcel from Parcel #022-26 for a. -.,Utility Building --A public
hearing was held by .the Advisory Planning Commission at their
last regular meeting held on October 28, 1986, to consider a
waiver of plat application to split a .11 acre parcel from the
Calvary Memorial Church for a utility building. location west
of Dodd Road on Diffley. The APC is recommending approval of
this application.
For additional information on the item, refer to the Planning
Department report found on page_, Z. For a copy of the APC
action, refer to those minutes found on page " .
ACTION TO BE CONSIDERED ON THIS ITEM- To approve or deny the
waiver of plat to split a .11 acre parcel for a utility building
as requested by Northwestern Bell Telephone.
•
SUBJECT:
APPLICANT:
LOCATION:
EXISTING ZONING:
DATE OF PUBLIC HEARING:
DATE OF REPORT:
REPORTED BY:
CITY OF EAGAN
WAIVER OF PLAT
NORTHWESTERN BELL
NW 1/4 SECTION 25
PLANNED DEVELOPMENT
OCTOBER 28, 1986
OCTOBER 17, 1986
PLANNING
® APPLICATION SUMMARY': On.February 18, 1986, Northwestern Bell
was granted a Conditional Use for a utility building on the NW
portion of the Calvary Memorial Church property fronting on Co.
Road 30 just west of Dodd Road. At that time is was staff's under-
standing that the 60' x 80' site '(.11 acres) would be leased from
the church and therefore, the Waiver of Plat would not be neces-
sary. Northwestern Bell is in the ,process of purchasing the site.
As a result_ separate legal descriptions are required by both the
City and County. The building is "under construction and all Code
requirements have been met for this Waiver of Plat.
® AID i; HIGHWAY:
x $0
60.
IR
V 04' _
1
0cc
2S5
R -
A
.. ..
..
:.0
C)
a.
..
... ...
3
A
APC.Minutes
October 28, 1986
Harrison moved, Hall seconded the motion to recommend approval of the
conditional use permit, subject to the following conditions:
1. Implementation of the previously submitted Landscape Plan, approved on
December 3, 1985.
2. There shall be a one-time Sign Fee of $2.50 per square foot.
3. All applicable Sign Ordinances shall be adhered to.
4. The applicant shall either pay the assessment amounts or execute a
Waiver of Hearing to have them spread as special assessments.
All voted aye.
Chairperson McCrea then convened the public hearing in regard to the
application of Northwestern Bell Telephone for a waiver of plat to split a .11
acre parcel from Parcel No. 022-26 for a utility building located in the,
northwest quarter of Section 25, west of Dodd Road, abutting County Road #30.
Mr. Dale Runkle advised the Commission that the exhibit packet was in error
and indicated that the parcel was somewhat larger in size. He also advised
that the building is under construction and all the other permits had been
obtained. It appeared that the waiver of plat was a house -keeping issue to
allow ownership of the parcel by Northwestern Bell. Mr. Michael Minenko was
present as attorney for Northwestern Bell as was Mr. Robert Dokken. Mr.
Dokken indicated that the original conditional use permit was requested in
December of 1985 from the Planning Commission and approved by the City Council
in. February of 1986 with the recommendation that the parcel size be increased
to allow for setbacks. The waiver of plat was needed in order to record the
deed. There was no one present to object to the proposal and the public
hearing was closed. Harrison moved, Wilkins seconded the motion to recommend
approval of the waiver of plat, subject to the condition that adequate
landscaping be provided for all Northwestern Bell substation sites in the City
of Eagan. All voted yea. 6 0
3
OPUS CORPORATION - WAIVER OF PLAT
•
Chairperson McCrea then convened the hearing in regard to the request for
waiver of
plat by Opus Corporation for Lots 6 and 14, Eagandale Center
A
Industrial
Park, and Lot 3, Block 1, Eagandale Center Industrial Park No. 7,
to combine
Tract "A" with the parcels north of Tract "B" for a road in Tract
"C" as a
separate parcel located in part of the southwest quarter of Section
3, east of
Pilot Knob Road, off of Eagandale Blvd. City Planner Runkle
introduced
the proposal, advising that the cul-de-sac had been constructed, .
although
not deeded over to the City. Due to the need for the cul-de-sac and
existing construction,
it had become a house -keeping issue to make sure that
the street
would be deeded to the City and that the leftover parcel be
attached
to an existing parcel. Hall moved, Harrison seconded the motion to
recommend
approval of the waiver of plat, subject to all applicable code
provisions
and a park dedication fee of $.02 per square foot. All voted yes.
NORTHWESTERN BELL TELEPHONE - WAIVER OF PLAT
•
Chairperson McCrea then convened the public hearing in regard to the
application of Northwestern Bell Telephone for a waiver of plat to split a .11
acre parcel from Parcel No. 022-26 for a utility building located in the,
northwest quarter of Section 25, west of Dodd Road, abutting County Road #30.
Mr. Dale Runkle advised the Commission that the exhibit packet was in error
and indicated that the parcel was somewhat larger in size. He also advised
that the building is under construction and all the other permits had been
obtained. It appeared that the waiver of plat was a house -keeping issue to
allow ownership of the parcel by Northwestern Bell. Mr. Michael Minenko was
present as attorney for Northwestern Bell as was Mr. Robert Dokken. Mr.
Dokken indicated that the original conditional use permit was requested in
December of 1985 from the Planning Commission and approved by the City Council
in. February of 1986 with the recommendation that the parcel size be increased
to allow for setbacks. The waiver of plat was needed in order to record the
deed. There was no one present to object to the proposal and the public
hearing was closed. Harrison moved, Wilkins seconded the motion to recommend
approval of the waiver of plat, subject to the condition that adequate
landscaping be provided for all Northwestern Bell substation sites in the City
of Eagan. All voted yea. 6 0
3
Agenda Information
November 18, 1986,
Page Nineteen
Memo
City Council Meeting
REZONING FROM R-1 TO PF FOR THE LIVING WORD LUTHERAN CHURCH
G. Rezoning (Living Word Lutheran Church) from R-1 to PF for
a Church in the Former Peace Reform Church Building --A public hear-
ing was held by the Advisory Planning :Commission at their last
regular meeting to consider an application submitted by Living
WordLuthern Church, requesting a rezoning of 10 R-1 lots to
a PF (public facilities) church site in the vacant Peace Reform
Church along Nicols Road. The APC is recommending approval.
For additional information on this item, refer to the Planning
Department report, -a copy is enclosed on pages I through
• For a copy of the APC action on this item, refe. to those mi,utes
found on page(s)--77-i .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
rezoning for the Living Word Lutheran Church from an R-1 to a
Public Facility status.
Special Note. Enclosed on pages , through is an update on
this item from the City Planner.
\J
CITY OF EAGAN
SUBJECT: REZONING (PUBLIC FACILITY)
APPLICANT: LIVING WORD LUTHERAN CHURCH
LOCATION: LOTS 12-16, 20-24, BLOCK C, CEDAR GROVE
#4, NE 1/4 SECTION.30
EXISTING ZONING: R-1 (SINGLE FAMILY)
DATE OF PUBLIC HEARING:
OCTOBER
28,
1986
DATE OF REPORT:
OCTOBER
7,
1986
REPORTED BY: PLANNING DEPARTMENT
APPLICATION SUMMARY: An application has been submitted by Living
Word.. Lutheran Church requesting a Rezoning of 10 R-1 lots to
a P. F. (Public Facilities) church site in the vacant Peace. Reformed
Church along Nicols Road.
On April 15, 1986, Living World was granted a one year Special
Permit to hold church services in the remodeled Jerry Lewis
Theater at the Cedarvale Shopping _Center. On -Belay of Minnesota,
a drug dependency center for adolescents, was denied a rezoning
to L. B. (Limited Business) and Conditional Use Permit for that
use in the vacant church in May 1986. At that time, there was
strong opposition to any proposed change other than that of
the original church use. Since the Comprehensive Guide Plan
designates this area as a church site, no Amendment will be
necessary.
•If approved, this Rezoning shall be subject to all applicable
Ordinances.
ASSESSMENTS: City assessment records indicate -that this development
is still responsible for trunk area storm sewer assessments, at
the commercial/industrial rate of 7.'5�/square foot. This amounts
to'an obligation of $7,071 (94,284/S.F. @ $0.075)..
CONDITIONS: This development is responsible for its trunk area
storm sewer assessment at the rates in effect at the time .of
rezoning approval.
76
MINEW-6
A-,:4
I/
I
R-1
0
APC Minutes
October 28, 1986
LIVING WORD LUTHERAN CHURCH - REZONING
The next public hearing was in regard to, the application for the Living
Word Lutheran Church for rezoning -from R-1 Single Family to PF (Public
Facility) for a church in the former Peace Reformed Church building, located
on Lots 12, 13, 14, 15, 16, 20, 21, 22, and 24, Block 6, Cedar Grove 6th
Addition, in part of the northeast quarter of Section 30, abutting Nicola Road
on the west and Diamond Drive on the east. City Planner Runkle introduced the
application providing a history of the parcel previously occupied 'by Peace
Reformed Church. It was noted that previously On -Belay had requested rezoning
for use as a chemical dependency treatment center. The applicant was now
requesting, as a buyer, that it be rezoned for Public Facilities so that it
might be assured that the parcel could continue to be used as a church. Ray
Engstrom appeared on behalf of the applicant and indicated the desire to have
the church properly zoned to insure that the applicant could continue to use
the site for a church. He also indicated that the applicant was aware of the
proposed assessments to which it had no objection, and agreed that the area
would be used only for a church. Discussion centered around how the
surrounding neighbors, who did appear and expressed their concerns., could be
assured that the parcel would be used only for a church.
Harrison moved, Voracek seconded the motion to recommend approval, of the
rezoning, subject to the condition that the development will be responsible
for its trunk area storm sewer assessments at the rates in effect at the time
of the rezoning approval'.. All voted in favor except McCrea and Trygg who
voted nay.
Member Bohne indicated that he had not had an opportunity to address the
Commission prior to the vote, and requested reconsideration of the motion and
vote. His concern was that the church building and parking lot were presently
located on several different residential lots which should be combined into
one single lot for the church. A condition of the plat or waiver of plat
would be that the parcel be used as a church facility. Members Harrison and
Voracek agreed to reconsider the motion or amend their motion if possible.
Bohne moved, Harrison then seconded the motion to recommend approval of
the rezoning, subject to the applicant taking the proper action to combine the
several residential lots into one single lot, pursuant to staff
recommendations, and that a condition of the revision would be that the new
parcel be used as a church facility. All voted in favor..
MANOR LAKE ADDITION - PRELIMINARY PLAT 6 REZONING
The next public hearing convened by Chairperson McCrea was in regard to
the application of Molinaro S Associates for preliminary plat for 56 single
family lots on approximately 43 acres and rezoning from A (Agricultural) to
R-1 (Single Family) and NB (Neighborhood Business), located in part of the
northeast quarter of Section 36, southwest quadrant of Highway #3 and Cliff
Road. City Planner Runkle introduced the proposal, indicating the staff's
concern in regard to the street layout which apparently the applicant had
7r .
4
MEMO TO. THOMAS L HEDGES, CITY ADMINISTRATOR
FROM. DALE C RUNKLE, CITY PLANNER
DATE. NOVEMBER 14, 1986
SUBJECT: REZONING OF PEACE REFORMED CHURCH
Since the Advisory Planning Commission..mee•ting, the City staff has
met with the applicants of the Living Word Lutheran Church to review
some of the issues of the Advisory Planning Commission. It was
suggested that the applicants look into combining the six lots into
one individual tax parcel. Living Word Lutheran Church has
contacted the County and requested this to be done. Therefore, if
the tax parcel is split, it will have to be reviewed and approved by
the City of Eagan.
The second issue discussed was in regard to the use of the property
as a church and the uses which were allowed in a Public Facility
district. The church intends to use this facility for church
related ministries only and has indicated that any future use other
than for a church related facility would require City Council
reviewal.
Hopefully, the intent of the church to work with the City and
surrounding neighborhood would be a positive step in the process of
securing zoning for the property.
If any other questions arise, please contact me.
bor
City Planner
DCR/jj
73
2
City of Eagan
3830 Pilot Knob Road
P.O. Box 21199
Eagan, Minnesota 55121
Att: Dale C. Runkle
City Planner
Gentlemen:
in compliance with the two suggestions which were made at the Planning
Commission Public Hearing on October 28, 1986. we submit the following:
1. Combine the 10 individual lots into one parcel -
• We contacted the Dakota County Auditor's office and have
made this change.
2. Use of this property in the future -
We intend to use this property and facility for church re-
lated ministries only and will continue to do so in the
future.
If, in the future there would be any change in the use of
this facility for other than church related ministries we
would come back to the City Council for review.
Yours truly,
®—
. �-77
e�F I
Ray Eng rom
Living Ord Lutheran Church
711
PAULH.HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
DEBRA E. SCHMIDT
Mr. Dale Runkle
Eagan City Planner
3830 Pilot Knob Road
Eagan, MN 55121
HAUGE, EIDE & KELLER, P. A.
ATTORNEYS AT LAW
WATER VIEW OFFICE TOWER. SUITE 303
1200 YANKEE DOODLE ROAD
EAGAN. MINNESOTA 55123
November 6, 1986
RE: Peace Reformed Church Site / Art Johnson
Dear Mr. Runkle:
AREA CODE 612
TELEPHONE 456-9000
454-4224
We have been advised that two issues have arisen in regard to having more than
one parcel included under I.D. number for real estate tax purposes.
Peace Reformed Church. The first matter involves the Planning Commission's
determination in regard to the Peace Reformed Church site for which a rezoning
application was made on behalf of the proposed new owner for use as a church
site. Concern was expressed at the Planning Commission meeting as to limiting
the use of the property for church purposes only, once rezoned to Public
Facilities from the existing zoning of R-1. It was pointed out that the
church presently sits on several single family residential lots. It was
proposed that these lots somehow be combined and as a condition thereto, the
owner agreedthat'the site would only be used for a church.
It is our understanding that the City approved a Resolution requiring City
Council approval of any attempts to split parcels, either in regard to
recording or with the auditor's office at the County level.
If this method of combining tax parcels under one tax parcel number will
prevent future splitting as suggested by the other circumstances described in
this letter, then we would recommend that the City enter into an agreement
with the buyer of the site that the parcel will be combined under one tax
parcel number, with the understanding that it will be used only for church
purposes.
Art Johnson — Lot Split. It has come to our attention that Mr. Art Johnson
has approached the City in regard to his being unable to split the real estate
tax statement for two parcels which have separate descriptions within the City
of Eagan. Apparently, the Resolution approved by the City Council described
above, has caused the County Auditor to refuse to divide the tax statement for
the two halves of a duplex lot for which there are separate descriptions in
the County Recorder's office. yS
•
Mr. Dale Runkle
November 6, 1986
Page 2
We would -recommend that the City Council make a motion approving the splitting
of the tax statement pursuant to Mr. Johnson's request.
Sincerely yours,
HAUG , IDE & KELLER, P.A.
• David G. Keller
DGK:ras
A
16
Agenda Information
November 18, 1986,
Page Twenty
Memo
City Council Meeting
A. Public Improvement Contracts
Item 1. Contract 8'6-25, Consider- Award/Cancellation of Contract
(Bur Oak Hills 1st Addition) --Oh October 17, the City received
the bids for the installation of streets and utilities for the
Bur Oak Hills 1st Addition for formal consideration by Council
action on October 21. In response to the developer's request
to expedite this project,, the City proceeded with the advertisement
for bids while the final plat requirements were being processed
with the public hearing also being scheduled for October 21.
• However, the developer has failed to comply with the following
items that are necessary before the City could proceed with the
award of contract:
1. Execution and return of the development contract agreement.
2. Submission of reouired Financial Guarantee.
3. Revisions to detailed plans and specifications to conform
to City approved standards.
Subsequently, at the October 21 Council meeting, the public hearing
was held and the project was approved which would have allowed
the Council to consider final plat approval and contract award.
However, because the developer could not comply with the final
® plat application requirements, it was not approved as originally
scheduled and subsequently, Contract 86-25 .could not be awarded
and was continued.
On October 28, Mr. Ken Briggs was contacted, informing him of
the requirements that must be fulfilled before the November 6th
meeting to avoid the risk of the City's cancellation of the
contract. No further response has been received by staff to
date.
Therefore, based on the limitation of the guarantee of bids from
the contractor, November 18 is the last date that the Council
can consider the award of the contract. Without the final plat
application being completed. It is staff's recommendation that
the Council reject all bids and cancel Contract 86-25 (Bur Oak
Hills 1st Addition).
ACTION TO BE CONSIDERED ON THIS ITEM: Reject all bids and cancel
Contract 8'6-25 (Bur Oak Hills lst Addition).
71
A
Agenda Information
November 18, 1986,
Page Twenty -One
Memo
City Council Meeting
A. Public Improvement Contracts (cont'd.)
Item 2. Contract 86-27, Receive Bids/Award Contract (Wilderness
Ponds and Blueberry 'Circle) --At 10:30 'A.M. on Monday, November
17, the City ,staff will receive bids for the installation of
the trunk storm sewer to the Wilderness Ponds Addition and also
the storm sewer outlet for the back yard areas on Blueberry Circle.
Enclosed on pages 49a letter that staff sent to the affected
is
parties of the Blueberry Circle project (No. 481) informing them•
of this action. As of this date, the staff has only received
two signed agreements regarding the cost participation in this
project. At the November 18 meeting, the Public Works Director
will provide an update ,of the status of the agreement regarding
cost participation on this project for Council's consideration
in contract award. Enclosed on page ?L is a letter informing
the property owners of this pending action.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for
Contract 86-27 (Wilderness Ponds and Blueberry Circle - Storm
Sewer) and awardthe contract to the lowest responsible bidder.
If
•
A
.;;
$9370 PILOT KNOB ROAD.. P.O. BOX 21199
EAGAN. MINNESOTA 55121
PHONE: (612)454.8100
October 23, 1986
Re: Project 481, Blueberry Circle Storm Sewer
Dear Mr. Hofstad:
BEA BLOMBUIST
Mayr
THOMAS EGAN
.. .WMES A SMITH
_ VIC EUISON
THEODORE WACHTER
Conry Mw ba
THOMAS HEDGES
CR, Adntl sftww
EUGENE VAN OVERBEKE
Ory Cork
At the City Council meeting of October 21, the Council closed the
public hearing and approved the installation of a storm sewer
system necessary to handle the existing backyarddrainage problem
affecting Lots 14, 15 and 16 of. Block 7, Hilltop Estates.
However, this approval was contingent upon you and several other
parties agreeing to share in the cost of this system. Basically,
the $18,000 estimated cost was proposed to be split three ways:
$6,000.00 to be shared between the current property owners of the
Affected lots; $6,000.00 to be shared between the builders of the
affected lots and the developer; and the final $6,000.00 to be
the responsibility of the City of Eagan. Because of the need for
timely construction of this storm sewer, the City has begun
detail design for inclusion in the next City Contract and hopes
to get construction completed yet this fall and ready for, next
spring's runoff. However, this contract will not be awarded
until all parties have signed the attached agreement and returned
it to my attention.
I realize that none of us feel any responsibility or benefit in
the amount of the financial contribution being requested.
However, I think we all recognize that a problem does exist and
that it must be resolved. If it is not resolved through this
suggested compromise, it has the potential of ending up in
litigation, affecting all of us. If that occurs, there would be
no winners and each of us would have spent a significant amount
defending our own positions.
79
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
A
Project 481, Storm Sewer
October 23, 1986
Page Two
Hopefully, we will all recognize that the benefits of working
together cooperatively will solve the problem more quickly and
ultimately at less cost, to all of us individually and
collectively.
In order to initiate this project as quickly as possible, I'm
asking that each of you execute the attached agreement form and
return it to my attention no later than November 10, 1986.
Remember everyone must agree. Your anticipated understanding,
cooperation and prompt response by the requested date will be
appreciated.
Sincer ly,
�
Thomas A. Colbert
Director of Public Works
cc: Paul Hauge, City Attorney
Attachment
TAC/jeh
0
•
of ea
3830 PILOT KNOB ROAD, P.O. BOX 21199
BEA BLOMQUIST
EAGAN. MINNESOTA 55121 -
M
PHONE: (612) 454-8100
THOMAS EGAN
JAMES A SMITH
-
VC ELLISON
November 12, 1986
THEODORE WACHTER
Co 11 Members
- -
THOMAS HEDGES
City mininaoioi
EUGENE VAN OVERBEKE
Re: Project 481, Blueberry Circle Storm Sewer
°ryC�
As you all are aware, I have been trying to coordinate a mutually
acceptable resolution to the storm sewer problem that has been
discussed at public hearings held on October 7 .and October 21.
By now, all of you should have received the agreement that was
requested to be signed and returned by November 10 providing
for the financing necessary for the City to proceed with this
project.
At the November 6 Council meeting, the Council reviewed a modifica-
tion to the concept design plan to try and reduce the cost to
all parties concerned. The City is presently soliciting bids
for this work and will be considering whether to proceed at
the Council meeting of November 18.
If, at the November 18 meeting, all involved parties have not
agreed to the proposed project, the Council has indicated that
they will reject the bids and delete the project for construction
and leave the resolution of the problem to those concerned parties.
Therefore, I would encourage you to .try and attend the meeting
of November 18 at approximately 8:30 P.M.
Sincerely,
Thomas A. Colbert, P.E.
Director of Public Works
TAC/jj
9l
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Twenty -Two
item 3. Contract 86-2, Approve Supplemental Agreement No. 2
(Nicola Road) --During the progression of this improvement to
Nicols Road, the Soils and Materials Division of the Minnesota
Department of Transportation ran a special test on the subsoils
along this segment and determined that additional bituminous
surfacing will be required to meet state aid standards. The
result of this additional bituminous results in an increase of
$47,63+5.50 to the contract. However, these costs are
reimbursable from the state aid fund due to the fact that it is a
requirement of state aid standards. (Note: the supplemental
agreement is the same as a change order but required by state aid
standards.)
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Supplemental
Agreement No. 2 for Contract 86-2 (Nicols'Road) in the additional
'• amount of $47,635.50.
A
Item 4. Contract 85-11, Final Payment/Acceptance (Windtree 4rd
Addition) --We have received a, request for final payment from our
consultant engineer along with verification of compliance with
City approved plans and specifications for the installation of
streets and utilities to service the Windtree 4rd Addition and
the bituminous trailway along Lexington Avenue for the Westbury
3rd Addition. All final inspections have been performed, and
verified by representatives of the Public Works Depattment 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 8th and
final payment to Contract 85-11 (Windtree 4th Addition) in the
® amount of $15,257.28 to M. Danner Trucking, Inc. and accept the
improvements for perpetual City maintenance.
Item 5. Contract 85-22, Final Payment/Acceptance (Robins
Addition/Lone Oak - Utilities) --We have received a request for
final payment through our consultant engineer along with a
certification of compliance to City approved plans and
specifications for the installation of sanitary sewer and water
to service the Robins Addition and the trunk water main along TH
149 to service the Lone Oak Addition. All final inspections have
been performed and verified by representatives 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 7th and
final pay request for Contract 85-22 (Robins Addition/Lone Oak -
Utilities) in the amount of $34,689.2'9 to M. Danner Trucking,.
Inc. and accept the improvements for perpetual City maintenance,.
ONE
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Twenty -Three
BLACKHAWK PARK/LAND ACQUISITION
B. Blackhawk Park Land Acquisition --The City has been contacted
by Mr. Ed Dunn,, representing the Blackhawk Park Planned Unit
Development., suggesting that the City consider purchases of certain
parcels that would expand the Blackhawk Park for City park purposes.
The Parks and Recreation Commission has reviewed several sale
options and is recommending a .list of priority acquisitions to
the City Council for consideration. Those considerations are
as follows: 1) Kathy Waldron parcel 2) the shoreline parcels
of 8 and 3 acres respectively 3) the first two acre parcels
represented in gray 4) the two remaining parcels in gray, were
discussed as being desirable,, however, the Commission felt a
diminishing return with the acquistion of these two parcels.
For a color coordinated description of these parcels, refer to
a report prepared by the Director of Parks and Recreation enclosed
on pages through Any acquisition authorized by the
City Counci would be paid for from the Park Site Fund. Park
and Recreation Director Vraa will be present at the meeting to
answer any questions.
ACTION TO BE, CONSIDERED ON THIS ITEM: To approve or deny the
acquisition of additional parcels to expand the Blackhawk Park/City
Park land area.
4
MEMO TO: THE HONORABLE MAYOR, AND CITY COUNCIL
TOM HEDGES, CITY ADMINISTRATOR
YFROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION
DATE: NOVEMBER 10, 1986
HE: BLACKHAWK PARK — LAND ACQUISTION
BACKGROUND
• The City had previously tried to acquire add-itional parkland under a
LAWCON/LCMR Grant from Mr. Ed Dunn, for Blackhawk Park. As you will recall, 4
Mr. Dunn is already responsible for a parkland dedication around Blackhawk
Park Lake as part of his PUD agreement.
Mr. Dunn has recently approached the Advisory Parks and Recreation Commission
indicating a willingness to again sell additional property, for inclusion as
part of Blackhawk Park. He has approached the City at this time, apparently
because a prospective buyer is very interested in all of Mr. Dunn's holdings.
He desires to give the City one last opportunity to purchase this additional
land, if it still has a continuing interest. The Advisory Parks and
Recreation Commission discussed this at it's Commission meeting in October and
set a special meeting to consider this issue. On October 6th, the Commission
again spent nearly two hours in walking the area considered for
acquisiton/addition to Blackhawk Park. Although, Mr. Dunn was offering the
• entire fifty (50) acre parcel, the Advisory Commission concluded that this, is
well beyond the financial capabilities of the City.. However, the Adviory
Commission is making a recommendation for acquisition of additional land by
priority. Also included in this acquisition discussion is the parcel owned
by Kathy Waldron, on the north side of the lake. This particular parcel has
been identified as a high priority,, dating back to 1982 in the Parks System
Study as an inclusion into Blackhawk Park. This would allow for a continuous
trail around the majority of the lake and a bridge crossing over the narrows.
On the attachment, the Waldron Parcel is identified by the color green. That
which you see in yellow, approximately fourteen (14) acres, is the parks
dedication due the City as part of Blackhawk Park PUD. Identified in red is
eight (8) additional acres, which represents a distance of approximately 250
feet from the shoreline. The blue represents three (3) additional acres and
represents a line 300 feet from the shoreline. The parcels that are grey
in color represent acquisitions, of two (2) acre intervals.
FA
COMMISSION DISCUSSION
The Advisory Commission discussed a number of issues which have a bearing on
the acquisition process. Most notably was the road access issue from the
south to Blackhawk Park. City Council members will recall this planning
issue as a result of the Blackhawk Acres development/Peter.Stalland, several
months ago. The Commission also was concerned about the type of residential
development that might be proposed by Mr. Dunn within the area offered for
parks. After considerable discussion concerning all of these facets,
the Commission made a recommendation to acquire additional park property.
This is consistent with the previous LAWCON/LCMR Grant Application for land
acquisition.
COMMISSION'S RECOMMENDATION
The Advisory Commission has recommended, in order of priority, that the City •
Council seek to acquire the following land:
A
1. The parcel from Kathy Waldron (as represented in green).
2. The shoreline parcels of 8 and 3 acres respectively (as shown in red and
blue)
3. The first two, two (2) acre parcels represented in grey.
4. The two (2) remaining parcels in grey, were discussed as being desirable,
however, the Commission felt a diminishing return with the acquisition of.
these two parcels.
ESTIMATED COSTS
Several months ago, on the advise of a realtor, Kathy Waldron was asking
$20,000 per acre. However, within the last month she has dropped this asking
price to $10,000 per acre, plus remaining assessment costs. There is •
approximately eight (8) acres in this parcel, some of which is under Blackhawk
Lake. Staff will be recommending an initial offer of $45,000 plus $8,719.59
in remaining special assessments.
Mr. Dunn has offered his property at $22,000 an acre. -Therefore, the eight
(8) and three (3) acre additions would cost $242,000, and each of the two (2)
acre additions for $44,000 or a total of $88,000. In total, the acquisition
of the Waldren parcel, and the four parcels from Mr. Dunn total approximately
$385,000.
to
M
The Advisory Commission is recommending that these parcels be purchased from
the Park Site Fund.
I will be at your City Council meeting to elaborate on each of the parcels and
the Commission's recommendations concerning these acquisitions.
Respectfulllyy•submitted,
Ken Vraa, Director of Parks and Recreation
KV/bls
Attachment: Blackhawk Site
•
•
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 13, 1986
SUBJECT: INFORMATIVE MEMO
PERSONNEL COMMITTEE UPDATE
The Personnel Committee met Wednesday, November 12, 1986 at noon
and received an update on the status of how other communities
are handling the implementation of comparable worth results.
There is also a review and recommendation regarding the point
value of Administrative Assistants with the Personnel Committee
suggesting that a final point determination be made by the City
Council as a whole. The point range is to be considered between
90 and 95 which falls between the benchmark results for
Administrative Assistant and Assistant City Manager. There was
also a prospective time line for implementation reviewed by the
Committee with the suggestion that the City Council meet and
make every effort to adopt a pay plan and begin implementation
soon after January 1, 1987. The Personnel Committee has evaluated
several pay plans and has concluded that the City Council must
establish a midpoint and budget appropriation for adoption of
the pay plan. More details will be presented and discussed at
an upcoming workshop session with the City Council.
BUILD THE CHILDREN A HOME PROJECT
The City of Eagan has been selected as a site by the Children's
Home Society of Minnesota to construct a home within 72 hours
that would become a Guiness Book world record. This construction
•and event is to be timed with the kick off of the fall parade
of homes. The Children's Home Society of Minnesota is looking
for recognition and awareness and it feels this program will
provide both. For more specific details, refer to a memo prepared
by Dou Reid, Assistant Chief Building Official, enclosed on
pages iQ through
HOUSING AND POPULATION TOTALS
Enclosed on page is a current housing and population calcula-
tion for Eagan t rough September 1986. The total housing units
are 14,793 while population is projected at 40,866. The City
assumes a 5% vacancy due to construction completion on many of
the projects and therefore the population is realistically 38,823
as of this past September.
AMM LEGISLATIVE POLICY
Enclosed on pages 3 through 9� is a copy of the AMM
Legislative Policy Adoption meeting that was attended by Director
of Finance Vanoverbeke and Steve Schwanke of the Planning
Department. Gene has provided a review of the action that was
taken by the AMM at their meeting of November 6.
8�
CITY LAWSUIT UPDATE
Enclosed on pagesthrough QVis a recent update on lawsuits
pending for the Cit o Eagan.
PROPOSED DRUG TESTING FOR CITY EMPLOYEES
At a recent City Council meeting, City Councilmember Wachter
asked for a legal opinion on whether the City could impose drug
testing for City employees. Enclosed on pages W through /OZi
is a legal analysis from the City Attorney's office addressing
this issue. The National League of Cities is reviewing drug testing
as it relates to its entities all over the country and apparently
is working on a program that will consider the implementation
of drug testing programs for the public sector. The City will
certainly monitor their findings and keep the City Council abreast
of any programs that become valid in the near future.
DEVELOPERS TASK FORCE UPDATE
The Developers Task Force has reviewed the temporary advertising •
sign reader board and will be proposing a recommendation to the
City Council in December. They are currently reviewing criteria
for street widths which will be discussed at their December meeting.
It is hopeful that the remainder of the agenda items that were
authorized in May of 1986 -will be addressed and they will fulfill
their ad hoc objectives by the. time the Committee sunsets at
the end of March 1987.
O'NEIL V. CITY OF EAGAN
Enclosed on pages through /D % is a memo updating the City
Council on the current developments regarding the O'Neil v. City
of Eagan lawsuit.
PROTECTIVE INSPECTIONS MONTHLY REPORT
Enclosed on pages/Og-M is a copy of the Protective Inspections
monthly report.
LMC POLICY AND PRIORITY ADOPTION
Mayor Blomquist and the City Administrator will attend the Legis-
lative Policy and Adoption meeting on Thursday, November 20,
1986 at the Sheraton Midway in St. Paul. The meeting will last
until approximately 9:00 a.m. until 11:30. Enclosed is a copy
of the proposed legislative policies that will be considered
by the LMC. Please review the Priority A and to a lesser extent
the Priority B and if you have any boncerns, comments, or recommen-
ded changes we should further discuss at the meeting on Tuesday.
/s/ Thomas L. Hedges
City Administrator
MEMO TO: TOM HEDGES, CITY
FROM: DOUG REID, ASST. CHIEF BUILDING OFFICIAL
DATE: NOVEMBER 12, 1986
RE: "BUILD THE CHILDREN A HOME" UPDATE
MEETING OF NOVEMBER 5, 1986
The "Build The Children A Home" project is designed to bring awareness and
help to the Childrens' Home Society of Minnesota. The mission of the
Childrens' Home Society is designed to: 1) provide quality human services to
children and families, enabling them to realize their own potential and help
to improve their own well-being. 2) establish, restore and preserve positive
relationships among parents and children. 3) to facilitate educational and
social growth of children and families.
® This project is to begin in the Spring of 1987 with the Home and Garden Show
promoting a new home to be given away to some lucky winner. This home is to
be built in Eagan; all labor and materials to be donated. The lot will be A
donated by the Sienna Corporation during one of their developments next summer
therefore, the exact location is unknown at this time.
Utilities and the foundation are to be installed prior to September 10, 1987.
On that same date at approximately 12:00 noon, construction of this new home
will be under way and hopefully within 72 hours (September 13, 1987 at approx.
12:00 noon), this new home will be completed in its entirety creating a new
Guinnes Book world record, kicking off the Fall Parade of Homes.
This home is to be a three bedroom rambler with a two car garage valued at
$120,000-$150,000. It is to be site built and will be displayed in the Parade
Of Homes during the period of September 13 through September 27, 1987. This
home will draw the national news network and hopefully, past President of the
• United States, Jimmy Carter, and Minnesota Governor, Rudy Perpich.
In mid-June, the Dairy Queen Restaurants will provide bumper stickers and
entry blanks for registration. They will have a booth at the State Fair at
the WCCO radio stand. WCCO will be using air time to promote this world
record built home to be given away in Eagan. They will hold drawings wherein
the person whose name is drawn will have 8 minutes and 30 seconds to call in
and, win a key. 30 keys will be given away and on September 27, 1987 all key
winners will be present to try their key in the lock. If their key opens the
front door, the home is.theirs free and clear!
At our meeting, we advised that the City of Eagan will make all necessary
inspections. The promoters will provide us with a list of when our inspectors
will be needed for required inspections. Some problems we reviewed were with
the number of people nationally and locally visiting this home during and
after completion. Traffic could be a problem; depending on the location we
offered, they might want to use the Eagan Fire Department Rescue personnel in
shifts. Some other concerns I have regard building and utilities fees,
liability of roads that are not completed, etc.
1?0
This project is off and running and a lot of materials are already donated.
Attached is the Childrens' Home Society roster, "Build The Children A Home",
and information on the "Childrens' Home Society of Minnesota."
I will be happy to discuss this exciting project with you at your leisure. I
feel this project will give the City local and national identity.
DR/js
Encl.
/ /
•
A
HOUSING INVENTORY TOTALS
SF Dup
thru 8/85 6,406 408
9/85 to 9/86 1,085 52.
TOTALS 7,491 460
populations
0
Quad
mult
Totals
1,756
3,816
12,386
264
1,006
2,407
2,020
4,822
14,793
1985 SF
21,396.04
Dup
1,154.64
Quad
4,120.80
Mult
7,822.80
34,494.28
1886 SF 3,623.90
Dup 147.16
Quad' 538.56
Mult2,062.30
6,371.92
1985 34,494.28
1986 6,371.92
40,866.20 t 40,866
e?7�-
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE
DATE: NOVEMBER 12, 1986
4i111Wv MWWri7#well&JWNW►WFlo)01ty'i10Iel*1bco]kELI0DokNe',
The AMM legislative program was adopted at the November 6, 1986,
meeting as presented with the following exceptions:
I. Municipal Revenue and Taxation
Policy I -G Fiscal Disparities was not passed and was instead
referred back to the Revenue Committee for further study.
The point of discussion, as previously noted, centered around
the contribution ratio which had been proposed to be reduced
to 25% over 5 years. Current gainers, which outnumber
losers, favor the continued rapid expansion of the pot.
There was also limited discussion, promoted by Edina, to ask
for constant funding of LGA as opposed to the policy asking
for an increase. Needless to say, the idea was not popular
and the policy was adopted as presented.
II. General Legislation
Policy A-5 Meet and Confer did not receive a 2/3 vote and
consequently is not included. It was felt that this policy
only highlighted something that is already permissible and
could become mandatory if tampered with.
III. Housing In the Metropolitan Area
All policies passed without discussion.
IV. Metropolitan Area Issues and Concerns
Policy IV -I Metropolitan Infrastructure Fund was proposed to
be put back in by Bloomington but the motion failed; conse-
quently, it is not part of the final package. This policy
was eliminated earlier by the AMM Board.
Policy IV -K Uniform Rate Structure for the MWCC again had
been deleted by the AMM Board and was sucessfully re-entered.
However, it was clarified in that AMM supports uniform
service charges but takes no position on SAC charges.
Policy IV -0-9 Compensation and Incentives for Host Commun-
ities was amended to insert the phrase "or affected adjacent"
after host in the fourth line of the policy. This was based
on the, potential impact of landfills on these adjacent
communiies.
�3
STAFF MEMO
NOVEMBER 12, 1986
PAGE TWO
Policy IV. -P Combined Sewers -Separation was discussed but
remains the policy as presented. St. Paul was seeking
additional State support because of the President's veto of
the Clean Water Act',: It was felt` by the majority that the
policy as presented adequately covered the matter.
V. Transportation
Policy V -P Metropolitan Highway Fund was amended to read
"Based upon the uncertainty of funding source., fair admini-
stration, and possible loss of state funds, the AMM opposes
creation of a metropolitan highway fund." This change was
intended to emphasize that AMM is not necessarily opposed to
the concept but wants these uncertainties addressed first.
•
Please let me know if you have questions on any of these policy
changes or anything else related to the meeting. The meeting was !�
well attended with approximately 42 cities being represented by
over 100 participants.
�A �)
FinanW Director City Clerk
cc: Steve Schwanke, Planning Department
EJV/kf
/�1
Thomas Hedges
Eagan City Administrator
3830 Pilot Knob Road
Eagan, MN 55121
RE: City Lawsuit Update
Dear Tom:
AREA CODE 612
TELEPHONE 456-9000
454-4224
It has been some months since we prepared an update for the City Council
covering outstanding assessment appeals and objections and pending lawsuits
regarding the City.
A. PENDING OR THREATENED LITIGATION.
1. Caponi vs. City of Eagan, et al. In late summer of 1986, the Minnesota
Court of Appeals reversed District Court Judge Breunig's ruling regarding
damages in the action brought by Tony Caponi regarding the pond on the
south side of Diffley Road, and the Council authorized an appeal ,to the
Minnesota Supreme Court. In order to effect an appeal, it is necessary
that the Court authorize the appeal. The Minnesota Supreme Court on
approximately November 5, 1986 denied the City's appeal. We will then
make a motion before Judge Breunig to determine the liability of the City
under the Appellate Court's ruling concerning damages and attorney's fees.
2. Thomas Ocel vs. City of Eagan. The $500,000.00 claim for alleged water
damage is being handled by Home Insurance Company and to my knowledge, has
not as yet been settled.
3. Sanchez vs. City of Eagan, Blue Cross/Blue Shield, et al. This action was
brought in July of 1984 claiming injury during a soccer game on a Blue
Cross soccer. field. Home Insurance did, quite reluctantly, agree to
assume the defense of the action, and I am happy to report that the City
has been dismissed out of the action according to an Order for Summary
Judgment dated August 27, 1986.
4. Lapinsky vs. City of Eagan. Two actions were begun in April of 1985
claiming in excess of $50,000.00 each, as a result of an accident in
February 1984 involving a City of Eagan fire truck and an automobile
driven by the Lipinskys. Home Insurance is defending the action and I
have no update at the present time.
9�
A
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
November 10, 1986
Thomas Hedges
Eagan City Administrator
3830 Pilot Knob Road
Eagan, MN 55121
RE: City Lawsuit Update
Dear Tom:
AREA CODE 612
TELEPHONE 456-9000
454-4224
It has been some months since we prepared an update for the City Council
covering outstanding assessment appeals and objections and pending lawsuits
regarding the City.
A. PENDING OR THREATENED LITIGATION.
1. Caponi vs. City of Eagan, et al. In late summer of 1986, the Minnesota
Court of Appeals reversed District Court Judge Breunig's ruling regarding
damages in the action brought by Tony Caponi regarding the pond on the
south side of Diffley Road, and the Council authorized an appeal ,to the
Minnesota Supreme Court. In order to effect an appeal, it is necessary
that the Court authorize the appeal. The Minnesota Supreme Court on
approximately November 5, 1986 denied the City's appeal. We will then
make a motion before Judge Breunig to determine the liability of the City
under the Appellate Court's ruling concerning damages and attorney's fees.
2. Thomas Ocel vs. City of Eagan. The $500,000.00 claim for alleged water
damage is being handled by Home Insurance Company and to my knowledge, has
not as yet been settled.
3. Sanchez vs. City of Eagan, Blue Cross/Blue Shield, et al. This action was
brought in July of 1984 claiming injury during a soccer game on a Blue
Cross soccer. field. Home Insurance did, quite reluctantly, agree to
assume the defense of the action, and I am happy to report that the City
has been dismissed out of the action according to an Order for Summary
Judgment dated August 27, 1986.
4. Lapinsky vs. City of Eagan. Two actions were begun in April of 1985
claiming in excess of $50,000.00 each, as a result of an accident in
February 1984 involving a City of Eagan fire truck and an automobile
driven by the Lipinskys. Home Insurance is defending the action and I
have no update at the present time.
9�
A
Mr. Thomas Hedges
November 4, 1986
Page 2
4. City of Eagan vs. Charles Bolstrum. This condemnation action commenced in
August of 1985 was tentatively settled, but then renewed by the Bolstrums.
The City offered approximately $7,200.00 in settlement, which was
originally accepted and then turned down. The case is scheduled for jury
trial on December 17, 1986.
5. City of Eagan vs. Robert O'Neil. This condemnation action started on
August 20, 1985 for utility and two ponding easements was heard by the
Court-appointed.Commissioners in August of 1985. The Commissioner's award
has now been appealed to the Dakota County District Court.
6. Robert O'.Neil vs. City of Eagan. After lying dormant for quite a few
months, the Plaintiff has now -changed attorneys and intends to prosecute
the action in a fairly diligent fashion. The damage request of $8.7
million has now been withdrawn and the objective is to obtain a
Declaratory Judgment to force the City Council to rezone the O'Neil
property. The City intends to submit the case on the record to date which
could.mean a decision in the fairly near future.
7. Deerwood Drive - Project #455 - Condemnation Actions. In April of 1986,
the City commenced condemnation against the owners of 8 parcels of
property west of Pilot Knob Road on Deerwood Drive for road right-of-way
easements. They have generally all been settled on the basis of the
City's appraisal, with the exception of the Patrick McCarthy property at
the southwest corner of the intersection, which hearing have been delayed
by the McCarthy's attorney on several occasions. Also, we are waiting for
the Commissioner's award concerning the Bryant property.
8. Tom Thumb Food Markets vs. City of Eagan. This action was brought in July
of 1986 for a Writ of Mandamus to compel the City to issue permits to
allow the installation of gasoline pumps at the. two Tom Thumb stores in
Yankee Square and at Cedar Cliff. Meetings have been held with the
attorney for the Plaintiff, at which times we attempted to persuade him
that there is very little merit in their claim and have requested that the
action be dismissed. There has been no specific progress to date, but Tom
Thumb has scheduled a deposition of Dale Runkle.
9. Holland Lake - Storm Sewer Easement Acquisition. The City started
condemnation proceedings against six parcels on the north side of Cliff
Road, under the Holland Lake storm sewer project. Negotiations have been
continuing to acquire all of the easements and it is expected that
settlement will be reached with the exception of Martin and Marie
DesLauriers where there has not been a great deal of progress. In the
other cases, an attempt is being made to settle on the basis of the
standard easement acquisition offer, and in addition, a reduction in the
assessments based upon large -lot allowance.
a
Mr. Thomas Hedges
November 4, 1986
Page 3
10. United Parcel Service vs. Donn Kirchgatter. This condemnation action was
authorized in early September covering a small amount of easement along
Becker Road or County Road #63A. Attempts'at settlement have not been
fruitful in that we have not been able to get cooperation from UPS. Mr.
Kirchgatter seems willing to settle the action but has made a very high
demand which will be paid for by UPS.
11. Good Value Homes vs. City of Eagan. We expect to be served with a Summons
and Complaint during the week of November 10 by Good Value Homes,
requesting an Order requiring the City Council to approve the preliminary
plat of Johnny Cake Ridge 5th Addition, which is Outlot B of Johnny Cake ®.
Ridge 4th Addition. The City Council acted to deny the application at its
September 16, 1986 meeting :and reaffirmed that action at its November 6
meeting. -
12. Lembke vs. City of Eagan. This action was brought in September of 1985
for damages and an injunction against the City. The case has now been
settled with certain changes to the Lembke property to fulfill the City's
conditional use requirements.
13. Garloch vs. City of Eagan. Extensive discovery has taken place concerning
that action regarding claimed abuse by a'police officer. Settlement
demand is extreme, although we do not have the exact figures. I think the
City would have a good chance on liability issues but possible damages are
very high. The Minnesota Insurance Guarantee Fund is putting some
pressure on us to leave defense solely -to Home Insurance.
14. Peter J. Patchin 6 Associates vs. Federal Land Company, City of Eagan, et •
al. The City was named a Defendant in an action brought by Peter Patchin
who was hired by Federal Land Company as one of its appraisers regarding
the Robert O'Neil condemnation action. The amount was about $5,500.00 and
the City has now been dismissed from the action.
15. Meadowlark Ridge Homeowners Association vs. Eagan, Christenson, Bonestroo,
Stalland, et al. This claim for damages .stems from alleged faulty
construction of 'townhomes in 1972. The City has now been successfully
dismissed as a Defendant.
B. ASSESSMENT APPEALS.
1. Borchert Ingersoll — Project #281. The claim of Borchert Ingersoll for
excessive assessments under storm sewer project #281 has now been settled,
with a reduction of $18,500.00 from a total assessment of $108,000.00.
97
Mr. Thomas Hedges
November 4, 1986
Page 4
2. Darold Holden vs. City of Eagan. The City has received a favorable result
in Minnesota Appeals Court, in effect, reinstating the assessments to the
total amount of about $27,000.00.
3. Y D Associates - Assessment Appeal - Yankee Doodle Road 5 Coachman Road,.
The two appeals covering street assessments for Coachman Road brought by
Y D Associates have been settled after a District Court trial. The
assessments were reduced slightly because of the small triangular parcel
at the corner which received little benefit. from the improvements.
4. Robert O'Neil - Storm Sewer Assessment - Project #443. Objections were
submitted by the O'Neils regarding the storm sewer assessments and it is
expected that the appraisal will be completed within the next few weeks
for rehearing before the City Council.
a
5. Patrick McCarthy - Project #404. The trunk water main assessments along
Lexington Avenue have been objected to and the appraisal has not as yet
been received.
6. Miscellaneous. There are a number of other miscellaneous objections that
have been filed, including the following:
a. Harry Lemieux and daughter. There has been no appeal of the
objections.
b. Slater's Acres - Miscellaneous objections and the Council held a new
hearing on November 6, 1986.
•
C. Ellerbe Associates - Highway #13 - Project 1428. An objection was
filed and an attempt is being made to settle the objection.
Very truly yours,
RAU , EIDE 6 KELLER,'P.A.
i
au�P 1 H. Hauge
PHR:ras
HAUGE, EIDE & KELLER, P. A.
ATTORNEYS AT LAW
WATER VIEW OFFICE TOWER. SUITE 303
1200 YANKEE DOODLE ROAD
PAULH.HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
DEBRA E. SCHMIDT
Mr. Thomas Hedges
Eagan City Administrator
3830 Pilot Knob Road
Eagan, MN 55121
EAGAN. MINNESOTA 55123
AREA CODE 612
TELEPHONE 456-9000
454-4224
October 29, 1986
RE: Proposed Drug Testing for City Employees
Dear Tom:
QUESTION
May the City of Eagan institute a mandatory drug testing/urinalysis program
for its City employees? If so, what limitations must the City place on its
policy, and what would be the recommended procedures?
•
A
1. It is recommended that the City, at this time, not proceed with any kind
of across-the-board urine testing for City employees. Idon't think there •
is any question that a blanket policy is going to be challenged and held
unconstitutional without carefully drawn procedures.
2. Any drug testing program that is implemented should be geared toward
future employees and then only if those employees are offered jobs. Drug
testing as a screening process in all likelihood would be held an
unreasonable search and seizure.
3. Any drug testing that is done should be done through a reputable
laboratory which employs follow-up verification testing routinely, and
that has a capacity to carefully handle samples to prevent chain -of -
custody problems.
4. A requirement for drug testing upon reasonable suspicion of an
individuals' use or abuse of legal or illegal drugs may be implemented
with careful criteria as to who makes the decision to ask for a test,
adequate documentation of the process and reasonable notice to employees.
This may have to be bargained as part of a union contract.
Mr. Thomas Hedges
October 29, 1986
Page 2
LEGAL ANALYSIS .
There essentially is no statutory authority either in State law, Federal .law,
or City Ordinance, allowing or requiring screening for drug abuse through
urine testing. The issue then becomes one of analyzing what has been done by
other cities and municipalities, and how the Courts have reacted. Since the
proposed testing would be required by the City, as compared to a private
employer,. State action would be involved. The issue then becomes mainly one
of Fourth Amendment rights with a peripheral issue of invasion of privacy.
Since. the Fourth Amendment question seems to determine what the City can do,
invasion of privacy will not be discussed.
It appears that every case that has gone to the Federal Court concerning urine 4
testing of City employees has held that there must be individualized suspicion
of drug abuse, based upon specific facts, which may not amount to the
traditional probable cause requirement, but which certainly must be
reasonable. In Division 241 Amalgamated Transit Union (AFL-CIO) vs. Suscy,
538 F 2d 1264 (1976), the bus drivers union challenged the transit authority's
requirement that bus drivers submit to blood or urine tests following their
involvement in a serious accident, or when they were suspected of being
intoxicated or under the influence. This case involved the Chicago Transit
Authority and the Court upheld the requirement, stating that there was a
substantial interest which the State had in the confidence of its bus drivers
and protection of the public safety which would allow mandatory blood or urine
testing after an accident or upon individual suspicion of drug abuse.
• However, the Court did emphasize that there had to be individualized suspicion
and the Court held that the procedures and safeguards employed were reasonable
under the circumstances.
A 1985 case out of the 8th Circuit, McDonell vs. Hunter, 612 F.Supp. 1122 (DC
Iowa 1985), involved the Department of Corrections of the State of Iowa,
requiring urine tests on request without a showing of any individualized
suspicion -and no safeguard as to who makes the decision to require the test
and the procedures to be followed.. The United States District Court, in that
case, held that there was a reasonable and legitimate expectation of privacy
in personal information contained in body fluids, and thus, governmental
taking, of a urine specimen is a seizure within the meaning of the Fourth
Amendment. They stated that under the circumstances, the seizures were
unconstitutional and could not be required.
One of the problems the Court had with the Department's policy was that the
Department policy did not identify who had the authority to require an
employee to submit to a search, or to provide a bloodor urine sample, nor did
the policy articulate any standards for its implementation. The Court
concluded that the Fourth Amendment allowed the Department of Corrections to
demand of an employee, a urine, blood or breath specimen for chemical
M
Mr. Thomas Hedges
October 29, 1986
Page 3
analysis only on the basis of a reasonable suspicion, based on specific
objective facts and reasonable inferences drawn from those facts in the light
of experience, that the employee has been under the influence of alcoholic
beverages or controlled substances. The Court further stated that the Fourth.
Amendment would not preclude taking a'body fluid specimen as part of the pre-
employment physical examination, or as, part of any routineper-iodic physical
examination that may be required of employees, nor would the Fourth Amendment
prohibit taking a specimen of blood, urine, or breath, on a periodic basis as
a condition of continued employment under a disciplinary disposition if -such •
condition is reasonably related to the underlying basis for the disciplinary
action, and the duration of the condition is specified and is reasonable in
length.
4
In the McDonell case, the Department of Corrections required that some of its
employees sign a waiver as a condition of employment essentially consenting to
urine testing upon demand. The Court stated there was no indication that this
consent was voluntary and therefore, could not constitute a blanket waiver of
all Fourth Amendment rights. The Court stated that public employees cannot be
bound by unreasonable conditions of employment, and that advance consent to
future unreasonable searches is an unreasonable condition of employment.
In Turner vs. Fraternal Order of Police, a 1985 case out of the District of
Columbia Court of Appeals, the Court stated that the City may, consistent with
the Fourth Amendment, compel police officers suspected of drug use, to submit
to urinalysis testing. However, they stated that "suspected" must be •
construed as requiring a reasonable, objective basis for medical investigation
through urinalysis. This basis may be short of traditional probable cause,
but nevertheless reasonably sufficient to warrant some medical investigation.
Finally, in Capua vs. City of Plainfield, a September of 1986 case, the United
States District Court in New Jersey. stated that the City's urinalysis testing
of all firefighters without individualized suspicion of drug usage based upon
specific facts, constituted an unreasonable search and seizure prohibited by
the Fourth Amendment.
I spoke with Jack Sjoholm of the Legal Department at NSP in Minneapolis. They
apparently have instituted a drug screening program, but are very careful with
the way they implement it. It apparently is only used for prospective
employees and they are given advance notice that if they are offered a job,
they will be required to give a sample of their urine for drug testing. No
testing is required unless the prospective employee is actually offered job.
NSP uses a medical lab in the twin cities to do all of their testing, to
reduce chances of losing samples or mixing up samples. If an initial screen
showed an illicit drug, there is always a follow-up test performed which is
much more specific to verify the existence of the illicit drug. There is'the
/e/
Mr. Thomas Hedges
October 29, 1986
Page 4
danger of "false positive" for many things that do not involve illegal drug
usage.. The testing process is expensive. A prospective employee is also
asked to list all prescription and non-prescription drugs they are taking when
they submit a sample. If the test does come back after the second
verification, the employee is then given the chance to explain what they may
be using. NSP is a private employer and therefore, their main issue would
have to deal with invasion of privacy and possibly defamation. The Fourth
Amendment would not apply to them specifically.
40 There is very little settled case law'in the United States on this issue,
especially in Minnesota. It is certain that there will be many challenges as
Cities and private employers attempt to set up testing programa.
DES:ras
•
/a v
Very truly yours,
HAUGE, EIDE & KELLER, P.A.
Debra E. Schmidt
M E M O R A N D U M
TO: Paul H. Hauge
FROM: Christopher J. Dietzen"Y b
DATE: November 5, 1986
RE: O'Neil v. City of Eagan
Our File No.: 13,839-00
Paul:
The purpose of this memo is to update the City Council with respect
to the status of the above -captioned litigation. •
As you know, the O'Neils have retained the services of Gerald Duffy
of Petersen, Tews 5 Squires,• Saint Paul, to represent them in connection
with this matter. Mr. Harold Sheff will only be nominally involved in
the litigation. Mr. Duffy called and asked me if I would agree to an
amendment to the Complaint. During this first conversation with Mr. Duffy
I indicated that he should send me a copy of the Amended Complaint so that
I could ascertain what he had in mind. Thereafter, the Amended Complaint
was sent to me which reflected that the O'Neils were dropping their
second, third and fourth causes of action that related to their claims
for damages of $8.7 million and other matters.. Based upon my conversat s
with Mayor Bea Blomquist and Councilmember Tom Egan, and City Attorney
Paul Hauge, and City Administrator Tom Hedges, we agreed to the amendment
of the Complaint. Accordingly, the only issue remaining in the case is
whether.the City had a rational basis for its denial of the application.
for 'PD and rezoning by the O'Neils at the hearing in July 1985.
During my initial phone call with Mr. Duffy, I indicated that I did
not know what action the City Council would take with respect to the
comprehensive guide process but that the possibilities were that they
would either rezone the property or not rezone the property. Mr. Duffy
and I agreed that if the property was rezoned that the O'Neils would drop
their claims and no further litigation would proceed. I further indicated
/d3
Page 2
that if the O'Neil property was not rezoned that we should include that
as part of this litigation to avoid piecemeal litigation. Mr. Duffy v
indicated he would have to consider that. Accordingly, I sent him a
letter outlining my thoughts which is attached as Exhibit "A".
Thereafter, Mr. Duffy sent me a letter dated October 30, 1986,
enclosing notices of deposition of Mayor Bea,Blomquist, Councilmember
Tom Egan and other City officials. In his letter, Mr. Duffy takes the
position that we are not entitled to take the depositions of Messrs.
O'Neil and Klein but that he is entitled to take the depositions of City
officials. Finally, Mr. Duffy discusses the comp guide process and his
views with respect to that matter. He does misquote me with respect to
the implication that the City has already decided the issue.
4
On November 3, 1986, I called Mr. Duffy to discuss his letter. Mr.
Duffy returned the phone call on November 4, 1986. During the phone
conversation,, he informed me that he did not intend to call Messrs. O'Neil.
and Klein as witnesses in the proceeding and, therefore, no depositions
should be taken of them. I told Mr. Duffy that my client was interested
in taking their depositions especially if they were to be called as
witnesses in this proceeding. He indicated he would send me a letter con-
firming that they would not be called as witnesses.
• With respect to the depositions of City officials, I. informed Mr.
Duffy that we were not available for depositions this week due to a trial
conflict. Moreover,. I informed Mr. Duffy that it was our position that
the Plaintiffs' could not take the depositions of City officials for two
reasons. Firstly, the review was limited to the record and, therefore,
no depositions were appropriate. Secondly, the thought processes of
decision makers was not discoverable under Minnesota law. I informed Mr.
Duffy that if necessary we would bring a motion for a protective order
and I then discussed the timing of such a motion and agreed that he would
not reschedule the depositions, until the motion for protective order was
heard. Additionally, I informed Mr. Duffy that we would be filing an
affidavit certifying to the record of the proceeding before the Planning
. Page 3
Commission and City Council. I informed Mr. Duffy that we would be
bringing a motion for summary judgment that the City had a rational
basis for denying the rezoning and, therefore, the decision should be
affirmed.
Finally, I reminded Mr. Duffy that I had not discussed with the City
Council what their intentions were with respect to their review of the
O'Neil property and the comprehensive guide plan review process. I told
him I did not know what the City Council was going to do.. I reminded him
of our telephone conversation that if the City Council rezoned the
property that the lawsuit would become moot. Therefore, the only issue
of concern was what should be done if the property was not rezoned in
the comprehensive guide plan review process. I reminded him of my conce*
about piecemeal litigation. Mr. Duffy agreed to my recollection of the q
conversation.
It is my recommendation that we serve and file a motion for protective
order preventing Plaintiffs from taking the depositions of City officials
in this matter. It should be our position that the court review of this
matter is limited to the record that was before the.City Council; other-
wise, the court would be usurping the legislative function of the City
Council in this proceeding. Under the doctrine of separation of powers,
the City Council is acting as the legislative branch in reviewing the
zoning of this property. Accordingly, its opinion should be entitled to
great weight and should not.be overturned unless there is no rational
basis for supporting the decision. Finally, I think we should seriously .V
consider whether it is necessary for us to take the depositions of
witnesses in this proceeding in light of the narrow issue that is before
the court. Obviously, if it is helpful to our case to take the depo-
sitions of O'Neil and Klein, then we should do so. Conversely, if it
will do nothing to advance the case, then perhaps we should reconsider
whether we should take their depositions. I believe this issue will require
further discussion.
As I indicated, I am in the process of preparing a research memo
/D5
Page 4
that will outline the law on this case, specifically, as it relates to
the standard of review for the denial of a rezoning application, what
evidence is relevant at the hearing, and whether decision makers should
be deposed in the proceeding. As soon as that memo is completed, I
will forward it to Mr. Hauge.
bh
D
144
L.\LIt IN, IIOFF IAV, DALY 8,'
ATTORNEYS AT LAW
1500 NORTHWESTERN FINANCIAL CENTER 2000 PIPER JAPFRAT TOWER
TBOO XERXES AVENUE SOUTH 222 SOUTH NINTH STREET
BLOOMINGTON. MINNESOTA 55.31 MINNEAPOLIS, MINNESOTA SS402
TELEPHONE 16121835-3800 TELEPHONE, 16121338-6610
TCLEEOPIER 16121 835-5102 TELECOPIER16121338.1002
CHRISTOPHER J. DIETZEN
October 29, 1986
Mr. Gerald S. Duffy
Petersen, Tews & Squires
Attornevs at Law
600 Norwest Center
55 East Fifth Street
Saint Paul, Minnesota 55101-1775
Re: O'Neil v. City of Eagan
Our File No.: 9815-02
Dear Mr. Duffy:
REPLY TO BLOOMINGTON
Pursuant to our telephone conversation, I have discussed the proposed
amendment to the Complaint with my client find the amendments acceptable.
Therefore, I am enclosing a stipulation to amend. You may serve the
Second Amended Complaint on me by mail and I will have it answered in'•'
due course.
With respect to discovery, it is my understanding that you intend to
take the depositions of certain individuals of the City in the near
future. In reviewing the file, it .appears that we noted the depositions
of Messrs. O'Neil and Kline and requested that they bring with them
certain documents to the deposition. Accordingly, it is our position
that prior -to taking any depositions of the City witnesses that we are
entitled to take the depositions of Messrs. Kline and O'Neil. I trust
that is acceptable to you.
Finallv,,in our telephone conversation, I mentioned to you that the City
was going through a comprehensive guide review process which included
the O'Neil parcel. It is my understanding that this process will be
completed sometime the first of the year. It is the City's position that
the comp guide review process should be included in the pending litigation
Since
Christopher .)- Dietzen,
LARKIN, HOFFMAN, DALY &
bh
cc: Paul H. Hauap,
for 107
LINDGREN, Ltd.
L;ehibit A
w
PROTECTIVE INSPECTIONS MONTHLY REPORT - OCTOBER 1986
NUMBER OF PERMITS ISSUED THIS MONTH YEAR-TO-DATE
Building
127
1,425
Electrical
Plumbing
208
143
1,554
1,184
HVAC
135
1,290
Water Softener
Signs
53
257
Well, Cesspool, Septic Tank
0
1
NATURE OF BUILDING PERMITS ISSUED
0
M!
TYPE NO. VALUATION PERMIT FEE . PLAN REV FEE TOTAL FEES
12
FOUNDATION
6
$
$ 90.00
$
$ 90.00
819
.SINGLE FAMILY
70
5,929,000
26,805.00
13,408.50
154,087.-50
30
DUPLEX
2
110,000
596.00
298.00
4,118.00
211
TOWNHOUSE
10
1,116,800
4,473.00
2,236.50
38,197.50
10
CONDO
1
'778,000
2,128.00
1,064.00
25,389.00
1
APT BLDGS
0
-----
-----
----
---
0
AGRICULTURAL
0
21
COMMERCIAL
3
2,307,000
6,231.00
3,115.50
100,782.00
76
COMM/IND REMODEL
12
352,850
_2,029.00
783.50
3,040.50
7
COMM/IND ADDITION
2
437,800
1,316.00
632.75'
9,639.75
0
INDUSTRIAL
0
0
INSTITUTIONAL
.0
11
PUBLIC FACILITIES
1
160,000
588.00
291.50
4,443.50
31
RES. GARAGES
4
22,400
226.00
---
238.00
25
_ RES. ADDITIONS
4
73,700
521.50
220.50
779.00
21'
SWIM POOL
2
18,000
149.00
--
158.00
147
MISCELLANEOUS
10
24,575
310.00
46.25
370.75
1
DEMOLISH
0
----
----
---
----
2
HOUSE MOVES
0
---
----
----
-
TOTALS
127
11,330,125
45,462.50
22,097.00
341,333.50
1,425
YEAR-TO-DATE 140,182,856
551,615.50
268,,937.95
3,555,480;.45
M!
PROTECTIVE INSPECTIONS — MONTHLY REPORT
DATE OCTOBER 1986
MULTI—FAMILY BREAKDOWN
TYPE
0 OF
PERMITS
# OF
BUILDINGS
# OF
UNITS
YTD #
UNITS
VALUATION
PERMIT FEES
SURCHARGE
PLAN REVIEW
FEES
TOTAL FEES
DUPLEX
2
1
2
30
$ 110,000
$ 596.00
$ 55.00
$ 298.00
$ 4,118.00
3—PLEX
0
4—PLEX
8
2
8
168
482,800
2,522.00
243.00
1,261.00
_161702.00
5—PLEX -
5
6—PLEX
2
2
12
30
634,000
1,951.00
317.00
975.50
21,495.50
1 7—PLEX
7
�8—PLEX
152
10—PLEX
20
12:-PLEX
48
16—PLEX
1
1
16
32
778,000
2,128.00
389.00
1,064.00
25,389.00
OTHER'`
APT -.c BLDG
144
TOTAL'-'
13
6
38
636
2,004,800
7,197.00
1,004.00
3,598.50
67,704.50
TOTALS
I�tt°•('a
. _, 2.13.,t
PROTECTIVE INSPECTIONS - MONTHLY REPORT
DATE OCTOBER 1986
COMMERCIAL/INDUSTRIAL &
BLDG
PERMIT
STATE
PLAN REV
PERMIT I
ADDRESS & LEGAL
OWNER
VALUATION
FEE
SURCHARGE
FEES
TOTAL FEES
OCCUP.
12821
4150 PILOT KNOB RD
BEAUTIFUL SAV.
L 1 B 1 BEAUT SAV CHUB
$ 160,000
$ 588.00
$ 80.0
$ 291.50
$ 4,443.5
P.F. NEW
12711
1075 BUTWIN RD
DAK. CTY PARKS
22,000
152.50
11.0
76.25
1,104.7
COMM NEW
12733
2700 PILOT KNOB RD
L 1 B 1 EAG 0 PK 4T,
pRISM HOTEL DE
2,085,000
5 395.50
925.5
2 697.75
94 599.7
COMM NEW
12785
1295 TOWN CENTRE DR
-
L 1 B 1 TOWN CTR 70 5
TACO BELL CORP
200,000
683.00
100.0
341.50
5,077.5C
COMM NEW
3600 KENNEBDR
12735
L 1, B 30, CEDAR IND-PK
CE .
LARRY WENZEL
433,000
1,265.50
216.5
632.75
9,586.7
COMM ADD
12737
4565 ERIN LN
L 1, B 1, MARL ACRES 1ST
MCDONALD'S CORi
4,800
50.50
2.5C
53.0
COMM ADE
12735
2020 SILVER BELL RD
L 1, B i, DALLAS DEVEL
DALLAS DEV CO
8,500
74.50
4.5
-----
79.00
COMM REM
12834
"
35.,250
220.00
18.00
110.00
348.00
COMM REM
12794
" " "
29,800
193.00
15.00
96.50
304.50
COMM REN,
12795
"
" "
24,300
170.50
12.5C
85.25
268.25
COMM REN,
12724
" "
" "
29,500
193.00
15.00
96.50
304.50
COMM REM
3470 WASHINGTON DR
12776
FEDERAL LAND
18,000
128.50
9.00
64.25
201.75
COMM REM
L 1, B 1.,.BICENTENNIAL
3227 TERMINAL DR
12759
L 4, B 1., SIB TERM IND
SAFETY-KLEEN
100,000
433.00
50.00
216.50
699.50
COMM REM
12728
4110 RAHN RD
R. THIMMESH
38,000
229.00
19.00
114.50
362.50
COMM REM
L 1, B 1, EAGAN ON GREEN
12767
1959 SILVER BELL RD
L 2, B 1 EAGAN METRO
SENTINEL MGMT
54,000
245.00
27.0
-----
322.00COMM
REM
F ROAD
,SECT
12778
LD1, B 2 31
ST OF MN
9,900
80.50
5.00
----
85.50
COMM REM
4110 RAHN RD
12792
L 1, B 1, EAGAN ON GREEN
TONKAWAY PTNR
5,000
50.50
2.50
-----
53.00
COMM REM
1284 TOWN CTR DR
12782
L 2,, B 1, T:C. 70 2ND
FEDERAL _LAND
600
11.50
.50
----
12.00COMM
REN,
P
P
BREAKDOWN: _._
m
N
N
O
NUMBER OF
N
.NO
SUR-
u
N
m
TYPE
OF PERMITS
BUILDINGS
UNITS
VALUATIONS
PERMIT FEES
CHARGE
FEES
TOTAL
ES
4 -UNIT
$ 49.25
$ 154.25
COMM
B 1 HILLT P PLAZL
H
16
9
16
$ 970,000
$ 51038.00
$ 605.0
1 $ 2,519.0
.S 3'
'_Oc
v
V
L
O
O
O
O
O
.Nn
O
m
2
O
DEVELOPMENT
224.5
18.50
112.25
355.25
_
B -WIT
12
6
96
4,474,000
13,356.00
2,232.0
1 81-678.0
N
TOWNHOUSE
2700 LONE OAK PKWY
NORTHWEST
APT. OR
1
1
m
527,000
1,500.50
263.5
1 750.25
17,574.2'.
CONDO
1301 CORPORATE CTR DR
c
P
11114
L 1 B 3 EAG OFC PK
TRANSHEALTH
86,000
391.0
43.00
195.50
629.50
COMM
11081
29
11
A
O
m
O
O
0
O
TOTALS
L 1 B 1 BLUE CROSS
BLUE SHIELD
,
p
P
u
m
SPERRY CORP
125,000
495.5
62.50
247.75
805.75
.__
COMM
11065
Y
FEDERAL LAND
u
a
x
14.00
92.00
290.00
COMM
11166
3306 MIKE COLLINS DR
OPUS CORP
I
P
I
P
0
0
M
0
0
0
M
0
0
0
__-
11064
3935 SIB MEM HWY-M
RIKMANN CO.1.
6,000
56.5
m
--
59.50
COMM
RA
z
O
O
In
N
O
o
r
P
I
m
I
m
0
O
o
O
a
O
u
p
m
N
o n r r G r< r Cm
Ym rac mx
ui`�vnn m a n n nYumvu �"
u m n z m
9 n �m n Y Om Y
O n syn R C Y
fA m O F
O h 1 m
m t2�
Im � r7
"d
m m
O �
V
r N N Y m
C N O m P u C � P NCO V C m IJ
O u.
i
PROTECTIVE INSPECTIONS - MONTHLY INFORMATION
DATE: OCTOBER 1985 yc
P ,
MULTI -FAMILY
BREAKDOWN: _._
NUFIB ER
NUMBER OF
NUMBER OF
SUR-
PLAN CHECK
OWNER
VALUATIONS
TYPE
OF PERMITS
BUILDINGS
UNITS
VALUATIONS
PERMIT FEES
CHARGE
FEES
TOTAL
ES
4 -UNIT
$ 49.25
$ 154.25
COMM
B 1 HILLT P PLAZL
TOWNHOUSE
16
9
16
$ 970,000
$ 51038.00
$ 605.0
1 $ 2,519.0
.S 3'
'_Oc
6 -UNIT
11086
L
PK -NOM
42,000
247.0
21.00
123.50
391.50
TOWNHOUSE
680 O'NEILL RD
DEVELOPMENT
224.5
18.50
112.25
355.25
_
B -WIT
12
6
96
4,474,000
13,356.00
2,232.0
1 81-678.0
134,166.0(
TOWNHOUSE
2700 LONE OAK PKWY
NORTHWEST
APT. OR
1
1
12
527,000
1,500.50
263.5
1 750.25
17,574.2'.
CONDO
1301 CORPORATE CTR DR
11114
L 1 B 3 EAG OFC PK
TRANSHEALTH
86,000
391.0
43.00
195.50
629.50
COMM
11081
29
11
124
5,971,000
19,894.50
3,104.5
9,947.25
183,782.2`
TOTALS
L 1 B 1 BLUE CROSS
BLUE SHIELD
,
BUILDING
PERMIT
SUR-
PLAN CHECK
PERMIT 0
ADDRESS 6 LEGAL
OWNER
VALUATIONS
FEE
CHARGE
FEES
TOTAL FEES
OCCUPANC'
11193
4182 PILOT KNOB RD
JAMES CO.
$ 13,0001$
98.5
$ 6.50
$ 49.25
$ 154.25
COMM
B 1 HILLT P PLAZL
4178 KNOB DRIVE
NOSTALGIC
11086
L
PK -NOM
42,000
247.0
21.00
123.50
391.50
COMM
680 O'NEILL RD
DEVELOPMENT
224.5
18.50
112.25
355.25
COMM
11087
L 1. B 26, SECT I
LEARNING CTR
37,000
2700 LONE OAK PKWY
NORTHWEST
11088
L 1 B 1, LONE OAK ADD
AIRLINES
14,300,000
35,933.0
1,965.00
17,966.50
303,469.50
COMM_
1301 CORPORATE CTR DR
11114
L 1 B 3 EAG OFC PK
TRANSHEALTH
86,000
391.0
43.00
195.50
629.50
COMM
11081
3535 BLUE CROSS RD
BLUE CROSS/
38000
229.0
19.00
114.50
362.50
COMM
L 1 B 1 BLUE CROSS
BLUE SHIELD
,
11079
1500TOWERVIEW DR'
1. B 1, SPERRY PARK
SPERRY CORP
125,000
495.5
62.50
247.75
805.75
.__
COMM
11065
2113 CLIFF RD
FEDERAL LAND
28,000
184.0
14.00
92.00
290.00
COMM
11166
3306 MIKE COLLINS DR
OPUS CORP
40.00
COMM
L 14 B 2 EAG CTR IND
PK 14
3,000
38.5
1.50
__-
11064
3935 SIB MEM HWY-M
RIKMANN CO.1.
6,000
56.5
3.00
--
59.50
COMM
RA
fl�
ADMINISTRATIVE AGENDA
REGULAR CITY COUNCIL MEETING
EAGAN, MINNESOTA
NOVEMBER 18, 1986
INFORMATIVE
CITY
ATTORNEY
Item
1.
O'Neil vs City of Eagan Lawsuit
Item
2.
Good Value Homes, Inc., vs City of Eagan
1 'y
!kU
`
CITY
ADMINISTRATOR
Ey
Item
1.
Comprehensive.Guide Plan Designations
1�
if
Item
2.
Cultural Center Designation for Tony Caponi Property
i�
i
DIRECTOR
OF PUBLIC WORKS
Item
1.
Snow Plow Contract Award
Item
2.
Contract 85-K, Final Acceptance (Lone Oak Addition
- Streets and Utilities)
Item
3.
Receive Feasibility Report (Pilot Knob Road - Street
Improvement
Item
4.
Status of Streets,, Contruction Season Shutdown
Item
5.
Traffic Impact Analysis Studies.
INFORMATIVE
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM2- CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 17, 1986
SUBJECT: ADMINISTRATIVE AGENDA AND INFORMATIVE ITEMS
CITY ATTORNEY
Item 1. O'Neil v. City of Eagan Lawsuit --The City has received
notice from the law firm of Petersen, Tews and Squires requesting
Production of Documents and Plaintiff's First Set of Interrogatories
regarding the O'Neil v. City of Eagan lawsuit. A copy of the notice
is enclosed without page number. The City Administrator and City
Attorney have met and discussed the volume of information that is
being requested and determined that on.e (1) November 20 is not a
reasonable date in which the staff can react and prepare all the
documentation and two (2) there will be a strong recommendation made
that an attorney from the firm of Petersen, Tews and Squires r►
physically meet with a designated employee of the City and go
through the files and specify as to which documents should be
copied. PUD files contain lengthy agreements, large maps and other
documents which would be very expensive and timely for the City to
reproduce. Much of that information would be frivolous to the
lawsuit and hopefully won't be necessary for reproduction. The City
Attorney may provide some advice regarding the lawsuit.
Item 2. Good Value Homes, Inc. v. City of Eagan --The City has
received a petition for Writ of Mandamus from Good Value Homes
asking the court to direct the City of Eagan to approve the proposed
p'la't of JohnnyCake Ridge, 5th Addition. Enclosed on pages "i
through 111 is a copy of this document. The City Attorney wi 1
provide some comments on this petition.
CITY ADMINISTRATOR
Item 1. Comprehensvie 'Guide Plan Designations -Mayor Blomquist is
suggesting that consideration be given to an inclusion of the Dl
with all the D,2 designated areas on the Comp Guide Plan map. All
existing D1 designations would remain the same, however a D1 would
be added to all D2 designations that are currently included on the
map. This would provide a greater flexibility for the Advisory
Planning Commission and City Council to encourage more single family
detached hou's'ing concurrent with the D1 regulations. The new desig-
nation on the map for all D2 designated land could read D1/D2.
Mayor Blomquist will further discuss the concept at the meeting on
Tuesday.
ACTION TO BE CONSIDERED ON THIS ITEM: Consideration to provide
staff direction in anticipation of the December 9 hearing.
Item 2. Cultural Center Designation for Tony Caponi Property --On
November 8., Mayor Blomquist and City Councilmembers Ellison and
Wachter along with the City Administrator and Director of Parks and
Recreation had an opportunity to hear Tony Caponi's proposed concept
of developing his 20 acres on the north side of Diff ley Road as an
Arts and Cultural Center. This center would be kept in its natural
form emphasizing a freedom of art expression with the natural blend
of the existing nature and aesthetic value of the property. The
Advisory Parks and Recreation Commission also had an opportunity to
tour and hear Tony's story on the same day. Mayor Blomquist has had
conversation with the business community, mainly representatives of
the Chamber of Commerce and they have expressed excitement and a
willingness to invest-igate further the concept of financing of such
an idea. Mayor Blomquist has suggested that consideration be given
to the appointment of an ad hoc committee such as a "Committee of
the Arts" that could further investigate Mr. Caponi's concept and
determine the feasibility of creating a foundation that could
possibly acquire and develop the property as a public entity. Mr.
Caponi stated on November 8 that he was planning to write a letter
regarding his intentions .and submit the same with the City. If the
City Council desires, the Chamber of Commerce could be contacted to
work on the idea and if there is community support, the foundation
could become a reality. If there is no support, the City Council
will need to evaluate its own financial committment to such
proposal.
ACTION TO BE CONSIDERED ON THIS ITEM: To give consideration to a
formal contact to the Northern Dakota County Chamber of Commerce to
determine whether a group of business leaders wish to pursue a
Committee of the Arts and investigate the feasibility of
establishing a foundation that would purchase and/or develop the
Caponi property as an art center.
Special Note: This ad hoc committee would be made up of a cross
section of people from all walks of life including possibly a
Council member and a member or two of the Parks and Recreation
Commission so the City had definite input into the process. The
Director of Parks and Recreation is working on behalf of the Parks
and Recreation Commission on some ideas that he was directed to
pursue as a result of their meeting with Mr. Caponi on November 8.
These ideas should be coor-dinated with any effort as made by this ad
hoc committee,
DIRECTOR OF PUBLIC WORKS
Item 1. Snow Plow Contract Award --On November 10, the City received
quotations from private contractors to perform snow removal
operations on one main line and one cul-de-sac route in the
southwestern portion of the City. Although 17 contractors received
copies of the quotation request form, only one submitted a bid.
Enclosed on pages /yy through /7,3 is an analysis of the bids
performed by Street Superintendent Arnie Erhart. Due to the lack of
any economically feasible alternate, the staff is recommending that
we proceed with Alexander Construction at the rates submitted,
ACTION TO BE CONSIDERED ON THIS ITEM: Award the snow plowing
contract to Alexander Construction for the 1986-87 season and
authorize the Mayor and City Clerk to execute all related documents.
//3
Item 2. Contract 85-K, Final Acceptance (Lone Oak Addition -
Streets and Utilities) --Contract 85-K provided for the installation
of streets and utilities within the Lone Oak Addition servicing the
Northwest Airlines Corporate Headquarters facilities. All final
inspections have been performed by representatives of the Public
Works Department and found to be in order for favorable Council
action of formal'acceptance for perpetual maintenance.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve Contract 85-K (Lone
Oak Addition - Street and Utilities) for final acceptance and
perpetual maintenance.
Item 3. Receive Feasibility Report (Pilot Knob Road - Street
Improvement) --Enclosed without page number is a preliminary draft of
the Feasibility Report being reviewed by staff to be presented at
the informational hearing held on December 3 regarding the improve-
ment of Pilot Knob Road. It would be appropriate for the Council to
review this report in detail and provide any comments or concerns to
the Public Works Director's attention as soon as .possible so that
revisions can be made prior to the public information and subsequent
public hearing meetings.
Item 4. Status of Streets, Construction Season Shutdown --Yankee
Doodle Road from Trunk Highway 11 to Federal Drive have the first
two lifts of bituminous surfacing installed over the past weekend
and will be completed, striped and opened to traffic by November 19-
20. However, that portion of Yankee Doodle Road from Denmark Avenue
to Lexington Avenue is very questionable due to the inabiilty to
complete the installation of curb and gutter prior to the extensive
hard freeze recently encountered. The Public Works Director will be
meeting with the County on Tuesday, November 18 and will provide the
final update at the Council meeting.
NiC01S Road will have its first two bituminous Lifts installed the
first pa -rt of this week and should be opened to traffic by November
21 with final construction being performed during the spring of
1987..
Due to the inability to complete all utilities allowing the
installation of concrete curb and gutter before the extensive hard
freeze, Wescott Road will not have any bituminous surfacing
installed this year and will be maintained in a gravel road
condition until the spring of 1987.
Highview Avenue was not able to have the concrete curb and gutter
installed prior to the extensive hard freeze due to the requirement
to install several sewer and water services for existing and
possible future buildable lots. This segment will have to be
maintained in its current gravel road position until spring of 1987.
With the exception of Yankee Doodle Road from Denmark Avenue to
Lexington Avenue, there should be no road closures and detours
carried through the winter season. The Public Works Director will
be able to provide an update on the these and any other construction
projects that may be of concernatthe Council meeting on November
18' . / ,TL
Item 5. Traffic Impact Analysis Studies --As a part of the 1987
budget preparation process, the Public Works Director requested
financial' authorization to prepare a comprehensive thoroughfare/
transportation plan for the City of Eagan. In consideration of
funding allocations, the Council requested preparation of a "Scope
of Services" with related cost estimates of various aspects of this
comprehensive plan. However, during the processes of defining and
delineating the detailed information necessary to receive an
accurate cost estimate for the comprehensive plan preparation,
several large development proposals are being processed through the
City which need immediate and detailed traffic impact analysis
and/or review of the applicant's traffic generation/distribution
information. The time frame associated with preparing the Scope of
Services and referenced request for proposal (RFP), it would
preclude the ability to perform a detailed traffic impact analysis
in a timely manner on the following current development proposals:
1. I-35E/Diffley Center (Bietter Company)
2. Oak Hill Farms (Chuck Hall)
3. Stafford Place (Frontier Midwest)
4. Rosemount District 196 High School Site 4
5. Pond View (Thorson Cornwell)
6. Northwest Aerospace Training Facility (Northwest and
Wachovia)
Therefore, the Public Works Director would like to receive direction
from the Council regarding whether the City should initiate the
traffic studies for these various developments to define the size
and location of future collector/arterial road improvements or
whether the developer should perform their own traffic analysis for
review by a City retained traffic engineering specialist consultant.
It is anticipated that a majority of the cost for these
transportation studies would be billed back to the applicants
proposing the aforementioned projects.
It would be desirable to be able to rely on one or two technical
traffic engineering firms who are not affilitated with any of the
proposed developments for performing or reviewing these Traffic
Impact Analyses. This would also eliminate potential duplicity in
incorporating this information in the master thoroughfare plan.
ACTION TO BE CONSIDERED ON THIS ITEM: Provide appropriate direction
to staff regarding Traffic Impact Analysis studies.
INFORMATIVE
SPLASHLAND PROJECT
The City received a letter from Splashland Limited Partnership
indicating that they are not planning to proceed with their project.
Turn to page for a copy of their letter.
PUBLIC OFFICIALS AND EMPLOYEES LIABILITY NOTICE
The City has received notice of intention not to renew the Public
Officials Employees Liability Insurance effective January 6, 1987.
The reason given by International Surplus Lines Insurance Company is
due to claims active in the file. The Director of Finance is
discussing the matter with Bruce Medvec and will advise soon on
other options for insurance given the budgetary approval for 1987.
UNION PROPOSAL FOR EAGAN POLICE ASSOCIATION
Attached without page number is the list of demands for a one year
contract proposed by the Eagan Police Association. The City
Administrator would like some direction on this item at the regular
City Council meeting or at the workshop session on November 24.
LMC CONFERENCE PLANNING COMMITTEE 87 AND NOTICE OF VACANCIES AND
The City Clerk's office received notification of openings on the LMC
Conference Planning Committee for 1987. Even though that committee 4
has had a meeting last week, it is possible to be appointed as a
member of the committee if any member of the City Council would like
to be involved. Also enclosed is a memo listing the notice of
vacancies and multi -member State Agencies. If any member of the
City Council would like to seek appointment to one of these agencies
please notify this office and we would be more than 'happy to assist
in any way possible.
City Administrator
114
STATE OF MINNESOTA
COUNTY OF DAKOTA
C � C laM ` . nal $ C)lf A10
DISTRICT COURT
0 FIRST JUDICIAL DISTRICT
as
Good Value Homes, Inc.,
VS.
City of Eagan,
Petitioner,
Defendant.
TO: City of Eagan
ALTERNATIVE WRIT
OF MANDAMUS
-E`K OF OiS T RiC MUM
DAKOTA COUNTY, MINN.
L E
—
NOV 12 1986
NUuEfl W SAM—, CLEflS
DEPUTY
. Having reviewed the attached petition for a Writ of
Mandamus, and acting, in accord with the powers granted in
Minnesota Statutes Chapter 586, the undersigned hereby
orders as follows:
1.
The City of
Eagan shall furtherwith grant approval
of Petitioner's
proposed plat of Johnny Cake
Ridge, 5th
Addition, or, in the
alternative;
2.
Defendant,
City of Eagan, shall
show cause before
this Court
at �.•�'�' A.M. on the
day of
.Ps:L'S'.Mbre-
, 1986, as to why a
peremptory Writ
should not
be issued.
This Writ may be
served on Defendant
by leaving a copy
thereof
with either the
Mayor or Manager of the City of
Eagan.
Dated: Mall: 1 Fid
/17
-
Distr t Court Jui �;
µ
STATE OF MINNESOTA
COUNTY OF DAKOTA
Good Value Homes, Inc.,
VS.
City of Eagan,
Petitioner,
Defendant.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
PETITION FOR
WRIT OF 'MANDAMUS
Comes now Petitioner, Good Value Homes, inc., and for
its Petition for a Writ of Mandamus, states and alleges:
I.
This Petition is brought pursuant to the powers granted
in Minnesota Statutes, Chapter 586.
II.
Good Value Homes, Inc., (Petitioner) is a Minnesota
Corporation engaged in the development of residential real
estate.
III.
The City of Eagan (Defendant) is a Municipal Corporation
located in Dakota County, Minnesota.
IV.
Petitioner is the owner of certain real estate, legally
described as,•
Outlot S, Johnny Cake Ridge 4th Addition, according to
the map or plat thereof on file or of record in the
office of the County Recorder in and for Dakota County,
Minnesota. d
�� 0
all lying within the boundaries of Defendant, City of Eagan
and -,subject to the provision of Chapter 11 of the Eagan City
Code (Exhibit "A"), entitled "Land Use Regulations (Zoning)".
V.
Under Defendant's City Code, Petitioner's property is
zoned R-3 Townhouse. (See Exhibit "B" - City of Eagan
Zoning Map)
VI.
During the summer of 1986, Petitioner submitted an
application to Defendant requesting that said Outlot B be
platted as Johnny Cake Ridge 5th Addition. (See Exhibit "C")
VII.
On August 12, 1986, the Defendants Planning and Engineering
Department issued a report on the proposed'plat.• (See
Exhibit "D"). Said report makes the following findings:
1. "Twelve additional units give the Outlot an overall
density of 70/units/acre, well within the 6-12
range permitted in R-3 districts." (Emphasis
added)
2. "These 1056 S.F. (main level) buildings will be
architectually the same as others in the area."
(Emphasis added)
3. "The,applicants grading plan appears feasible and
in accordance with City Codes, the grading will
not significantly impact any existing drainage
patterns and should not be a problem."
4. "Utilities of sufficient size, capacity and depth
exist to provide service to this proposed
development."
/f�
S. "Staff does not see any need for any additional
easements for this development."
6. "No permits are required because this development
only proposes on extending services and not
constructing any main lines."
The City staff recommended approval subject to certain
standard platting conditions. The Petitioner has, at all
times,, agreed to fulfill to recommended conditions.
VIII.
On August 26, 1986, the City of Eagan Planning Commission
voted to deny Petitioner's proposed plat. In doing so, they
gave no reasons relating to either platting or zoning
requirements. (See Exhibit "E")
IX.
On September 16, 1986, the Eagan City Council voted to
deny Petitioner's proposed plat. In doing so, they cited
reasons completely contrary to the findings of their own
City planning staff and engineer. (See Exhibit "F")
X.
Petitioner further affirmatively alleges that its
proposed plat of Johnny Cake Ridge 5th Addition complies in
every respect with all applicable City of Eagan ordinances
and state laws. No variances or permits were requested or
needed. In denying Petitioner's request the City of Eagan
has acted in an arbitrary and capricious manner, contrary to
its own ordinances and the law of the State of Minnesota.
WHEREFORE: Petitioner prays this Court for a Writ of
Mandamus directing the City of .Eagan to approve the proposed
plat of Johnny Cake Ridge 5th,Addition.
I"
-3-
Further, Petitioner prays for the order of this Court
directing the City of Eagan to pay Petitioner's attorney's
fees, costs, and disbursements herein.
Respectfully submitted,
STEFFEN & MUNSTENTEIGER, P.A.
44,(/4. l
Richard A. Beens
Attorney for Petitioner
Attorney I.D. No. 6105
4.03 Jackson Street, Suite 301
Anoka, Minnesota 55303
(612) 427-6300
Dated: It - I)- - `rC,
L
The above Petition is true and correct to the best of
my knowledge.
\ Nice President
Subscribed and swore to
before 7V�/�his
-day of /V0Ve41 U 1986.
otary Public
.AAAAnAAWNpnnu•AAAAr AMA/%%AAAA. .
a
$ems MAMLYN E. HEIKES •
\� ;:r��.,.,:. �,Li NOTAflY PUBLIC - IAIN P:ESOTA
ANOKA COUNTY S
My Commission Ea plres lU:•: ° C219"9
/V/
TO: TOM COLBERT, DIRECTOR OF PUBLIC WORKS
FROM: AR.NIE ERHART, SUPERINTENDENT OF STREETS 6 EQUIPMENT
DATE: NOVEMBER 14, 1986
RE: SNOW PLOWING CONTRACTS
Tom,
After receiving only one bid from Alexander Construction,
I have contacted most of the contractors that specs were sent
to. the following are some of the reasons they gave for not
bidding:
1. Too many contracts or obligations
A. Agreements with.Apple Valley, Burnsville, St..
Paul, Minneapolis, parking lots, etc.
B. Because of growth in this area many contractors.
have more private plowing contracts.
2. Not enough equipment. 4
A. No backup equipment if breakdown occurs.
B. Only one piece of equipment.
3. Not enough drivers
A. Manyoperators:from Northern Minnesota who do not
want to travel down .for 1 day's work.
B. Most personnel on unemployment compensation.
4. Too far away
A. Too much travel time.
B. No place to keep equipment near plow route.
5. Bidding date
A. Too late in the year - they already signed con-
tracts with other municipalities or private
companies in September and October..
6. 'Not enough profit
A. Only '10 to 12 hours work as compared to 20 hours
or more with private parking lots.. (Met Center,
Southdale, etc.)
B. Some preferred lump sum payment each time they
plowed. (City of St. Paul $50.00 a cul-de-sac)
C. After paying for insurance, interest on equip-
ment and other fixed costs some contractors pre-
fer to shut down in the winter.
7. Insurance requirements
A. Smaller operators said insurance rates were too
high or too hard to obtain.
/L7�
Snow Plowing Contract
Page 2
I think the bid we received from Alexander is reasonable
because the grader rate ($55.50/hr.) is $16.00 an hour less
than what the City charges and the loader rate ($6'8.5'0) is
$3.00 an hour less.
The only disadvantage is that they do not have a wing
for the grader which will increase the number of passes it
will take to clear the streets. After talking to Alexander
Construction, they do not feel it would pay for them to invest
approximately $6,000.00 for a wing.
They could use their loader in conjunction with the grader
to clear the main streets first or our crew could push back
some of the streets after the first pass.by the contractor.
We also may have the new motor grader this winter.
Because the snow season is upon us I think we should
accept Alexander's bid.
Arnie Erhart, Superintendent of Streets
/z3
Mr. Dale Runkle, Planning Director- November 5, 1986
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
RE: Splashland Project
Dear Dale:
As you are aware, Splashland Limited Partnership applied for Final Plat
approval on August 21st. of this year with expectations of obtaining City
approvals in October and commencing construction soon thereafter. We have
not tried to "push"' this process along, being sensitive to the tremendous
work load that the city staff has been under and that our final financing
package had not yet been approved.
At this time, however, and with great remorse that I must inform you
that although I have been successful in raising over three million dollars
for Splashland, I have been unsuccessful in obtaining a "liveable" debt
financing :package. Consequently I am dissolving the Splashland limited
partnership as well as withdrawing my request for Final Plat approval. At
this time I have three courses of action I am pursuing pertaining to the
Spl,:shland property; I will ether sell the property to another developer;
rf;organize and develope the waterpark; or introduce an alternate
commercial use for development.
Dale, I appreciate all that you and the staff has done for Splashland
and I will keep you informed as to my progress.
Tom Webster
Splashland Waterparks Inc.
1500 E. 79th. St.
Bloomington, Minnesota .55420
11111 ""1111
m
league of innesota cities
9 ..
MEMORANDUM
November 3, 1986
IMMEDIATE ACTION REQUESTED
TO: Clerks (Please bring to the attention of your Mayor)
City Officials interested in serving on 187 LMC Conference Planning
Committee;
Past Members, LMC Conference Planning Committee;
LMC Affiliate Organizations
FROM: Ann Higgins, Federal Liaison/Program Development
A
SUBJECT: 1987 LMC CONFERENCE PLANNING: REQUEST FOR MEMBERS FOR
CONFERENCE PLANNING COMMITTEE FOR '87 CONFERENCE
The first meeting of the 1987 LMC Conference Planning Committee is
scheduled for Thursday, November 13, 9:30 a.m. - 12 Noon, at the LMC
Office.
Baldev Josan, City Administrator, Delano, has been appointed Chair
of the 1987 Conference Planning Committee. He has selected several
additional meeting dates to assure that the program priorities and
the development of course outlines and recommendations on presenters,
format, and schedule can be completed before the Christmas holidays.
The following dates have been set for the second and third meetings
of the committee:
Friday, December 5 10:00 a.m.
Thursday, December 18 10:00 a.m.
IF YOU ARE INTERESTED IN SERVING ON THE COMMITTEE, WHICH IS RESPONSIBLE
FOR CONFERENCE PROGRAM DEVELOPMENT AND SCHEDULING, PLEASE CONTACT ME
AS SOON AS POSSIBLE.
It is important that the Conference Planning Committee membership
reflect the membership of the League. In that regard, elected
officials are particularly encouraged to participate. LMC affiliate
organizations are also requested to designate representatives to
determine conference program priorities and to help develop content,
format, resources, and learning objectives for concurrent and general
sessions.
We are beginning program development discussions earlier this year
to assure a better opportunity to identify and obtain the services
'I 83 university avenue east, st. pa 1, nnesota 55101 (612)227-5600
of those faculty and general session speakers identified by the
committee.
We need ideas, too, on program topics, conference program format,...
scheduling, arrangements, facilities, etc. Please let me know
if your city or municipal organization has suggestions or is willing
to participate directly in the program development discussions and
planning.
LMC Conference Planning Committee Meeting
9:30 a.m. - 12 Noon, Thursday, November 13
LMC Conference Room
LMC Office
AT THIS FIRST MEETING, COMMITTEE MEMBERS WILL "BRAINSTORM" IDEAS FOR
PROGRAMS, GENERAL SESSIONS, ETC. IF YOU HAVE SUGGESTIONS, BE SURE TO
CALL OR WRITE EVEN IF YOU ARE NOT ABLE TO SERVE ON THE COMMITTEE.
MEMBERSHIP IS OPEN TO ALL LMC MEMBER CITIES AND AFFILIATE ORGANIZATIONS.
league of minnesota cities
November 5, 1986
To: City Clerks
From: Joel Jamnik,, Legislative Counsel
Reason: Notice of Vacancies in Multi -member State Agencies
The League has received notice from the state that the Governor will be
making over 200 appointments to state boards and commissions in January
of 1987 under the Open Appointments Law. The agencies under the Open
Appointments law include commissions on the arts, education, economic
development, as well as several professional, advisory and regulatory
groups. Many of these agencies play very important roles in local
government. Application forms may be obtained at the Office of the
Secretary of State, 180 State Office Building, St. Paul, MN 551.55-1299;
(612) 296=2805. Application deadline is November 25, 1986. The
League strongly encourages interested city officials to submit their
applications. Please pass this information on to your Mayor and
Councilmembers.
r* This is just a partial list of agencies and commissions that have
vacancies. For a complete list you can contact the Secretary of State
at the above address or request a copy of the State Register, Volume
11, Number 18, Monday November 3, 1986 by calling: metro (612) 297-3000
or outstate 1-800-652-9747.
For further information, please contact me at the League. We would be
happy to assist in any possible.
ADVISORY COMMITTEE: DEPARTMENT OF LABOR AND INDUSTRY: The committee
shall be involved in rules revisions concerning minimum wages and
employment conditions. Three to nine members for an equal number of
not more than three representatives of each of employers and employees
and of not more than three persons representing the general public.
Members are appointed by the Commissioner of Labor and Industry.
Members receive no per diem but parking will be paid.
ADVISORY TASK FORCE ON EXAMINATION OF NEW VOTING SYSTEMS: Examines
voting machines or electronic voting systems proposed for use in
Minnesota and advises the Secretary of State on certification of this
equipment for use at elections in this state. The task force meets
only when new equipment is proposed for use. Members include
representation from each major political party and from cities and
/�
1 83 university avenue east, st. paul, minnesota 551 01 (6121227-5600
4
counties using voting equipment.
BOARD OF PEACE OFFICER STANDARDS AND TRAINING: Licenses part-time
peace officers as well as peace officers and constables; establishes
minimum qualifications and standards of conduct; regulates police
training. Thirteen members, appointed by the Governor, include 2
sheriffs, 4 municipal police officers (at least 2 chiefs of police), 2
former law enforcement officers, 2 elected city officials from cities of
under 5,000 outside of the metropolitan area and 2 public members; the
superintendent of the Bureau of Criminal Apprehension is an ex -officio
member. Members must file with the Ethical Practices Board. Quarterly
meetings, St. Paul; members receive $35 per diem.
CHARITABLE GAMBLING CONTROL BOARD: The board shall regulate legal
forms of gambling to prevent their commercialization, to ensure
integrity of operations and to provide for the use of net profits only
for lawful purposes. Eleven members appointed by the Governor. Must
have been Minnesota residents for at least 5 years, not more than six
members may belong to the same political party. At least 4 members
must reside outside of the seven county metropolitan area. Terms are
staggered. Members receive $35 per diem plus expenses. Members must
file with the Ethical Practices Board. w
ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY: To implement loan programs
that. assists and encourages the establishment, maintenance and growth
of small businesses in Minnesota; assists in the financing and
development of alternative sources of energy and energy conservation;
assists in the financing of improvements to public buildings for the
purpose of energy conservation or the use of alternative energy
resources. The authority consists of the commissioner and ten other
members appointed by the Governor. Members receive $35 per diem.
Members must file with the ethical Practices Board.
ENVIRONMENTAL QUALITY BOARD: Insures cooperation and coordination
among state agencies on issues that affect the environment. Twelve
members include 5 public members appointed by Governor and confirmed by,
Senate, the Director of Pollution Control Agency, the Commissioners of
Agriculture, Health, Energy and Economic Development, Natural Resources
and Transportation, and a representative of the Governor's office;
members must file with the Ethical Practices Board. Monthly meetings,
members receive $35 per diem.
HAZARDOUS WASTE MANAGEMENT PLANNING COUNCIL: Makes recommendations to
the waste Management Board on planning for and siting of hazardous
waste processing and disposal facilities. Up to eighteen members may
be appointed by the chairperson of the Waste Management Board and
include public members, representatives of local government units, and
representatives of hazardous waste generators and private hazardous
waste management firms. Meetings once monthly. Members are
compensated for expenses.
INTERGOVERNMENTAL INFORMATION SYSTEMS ADVISORY COUNCIL: Assists local
governments in developing automated information systems by awarding
grants. Twenty-five members, (14 elected or appointed local government
111
P
Ethical Practices Board. Meetings twice a month, Metro Square
Building, St. Paul; members receive $50 per diem plus expenses..
METROPOLITAN -"PARKS AND OPEN SPACE COMMISSION: Assists the Metropolitan
Council in planning the regional recreation open space system, and in
making grants for the acquisition and development of facilities in that
regional system; reviews master plan for regional facilities prepared
by metropolitan area park districts and counties to make sure they are
consistent with the Metropolitan Council regional plan for parks; 9
members, appointed by the Metropolitan Council, include 8 selected from
districts of equal population, and a chair representing region at
large; members may not be members of Metropolitan Council, or any other
metropolitan agency, board or commission, or hold judicial office; must
file with the Ethical Practices Board; 4 -year terms are staggered; must
reside in district to which appointed, except chair. Meetings twice
monthly, Metro Square Building, St. Paul; members receive $50 per diem.
MINNESOTA JOINT UNDERWRITING ASSOCIATION - LIABILITY INSURANCE: The
association shall provide liability insurance coverage for persons
unable to obtain it through ordinary means where coverage is required
by law or is necessary for the conduct of business and serves a public
purpose. Six public members are appointed by the Commissioner of
Commerce.
MUNICIPAL BOARD: Acts on all boundary adjustments between a city and
the adjacent land, and rules on incorporations. Three members,
appointed by Governor, at least 1 member who must be learned in the
law, and 1,resident from outside the metropolitan area; members must
file with the Ethical Practices Board. Monthly meetings; members
receive $50 per diem plus expenses.
POLLUTION CONTROL AGENCY: To meet the variety and complexity of
problems relating to water, air and land resources of the state
consistent with the maximum enjoyment and use thereof in furtherance of
the welfare of the people of the State. The agency may adopt,
promulgate, amend or rescind regulations as necessary or proper to
effect M.S. §115-116. Nine members, appointed by the Governor and
confirmed by the Senate; 1 member must be knowledgeable in the filed of
agriculture; members must file with the Ethical Practices Board.
Monthly meetings at the agency offices, St. Paul; members receive $35
per diem.
POWER PLANT SITING ADVISORY COMMITTEE: Makes recommendations to the
Environmental Quality Board on rules, procedures and issues relating to
siting large electrical generating plants and routing high voltage
transmission lines. Average of 25 members solicited on a statewide
basis and appointed by EQB for a one year term. six to ten meetings
per year; members are compensated for expenses.
PUBLIC EMPLOYMENT RELATIONS BOARD: Hears and decides appeals of Bureau
of Mediation Services decisions; maintains a roster of arbitrators.
Five members, appointed by the Governor and consists of.2 public
employee representatives, 2 public employer representatives and 1
public member. Members must file with the Ethical Practices Board.
/yG
officials, 7 representatives of state agencies and 4 public members)
appointed by the Commissioner of Administration, include: 2 members
each from counties outside of metro area, cities of the second and
third class within, and outside of the metropolitan area; and cities of
the 4th class; 1 member each from the Metropolitan council, an outside
regional body, counties within the metro area, cities of first class,
school districts within and outside of the metropolitan area,
Departments of Administration, Education, State Planning Agency,
Revenue, Human Services, Office of Legislative Auditor, and Office of
State Auditor and four from the state community at large.
LIQUOR LIABILITY ASSIGNED RISK PLAN ADVISORY BOARD: To advise the
Commissioner of Commerce regarding the operation of the liquor
liability assigned risk plan and related matters. The board consists
of eleven members: (4) insurer representatives; (1) risk management
services vendor representative; (3) insurance agent representatives;
(.3) liquor vendors. Members are appointed by the Commissioner of
Commerce and receive no compensation. Meetings at the Department of
commerce, 500 Metro Square Building.
METROPOLITAN AIRPORTS COMMISSION: Promotes air transportation locally,
nationally and internationally, by developing the Twin Cities as an
aviation center; coordinates with all other governmental agencies to
provide economical and effective use of aeronautic facilities and
services; may acquire, build and operate an airport within a
thirty-five mile radius of the City Hall of Minneapolis or St. Paul;
adopts and enforces regulations to manage all metropolitan airports;
controls airport land use and provides for airport noise control; 11
members: chairman and 8 members appointed by Governor residing'in
precincts as determined by Governor; chairman serves at the pleasure of
the Governor; Mayors of Minneapolis and St. Paul, or designees, are
ex -officio members. Members must file with the Ethical Practices
Board. Monthly meetings; members receive $50 per diem, chairman
receive $16,000 per year plus travel expenses.
METROPOLITAN COUNCIL: Coordinates planning and development of the
7 -county Twin Cities metropolitan area; establishes a long range
development plan containing regional plans for aviation, health,
housing, land use, parks and open space, solid waste, transportation,
wastewater management and water resources; reviews the longrange plans
of local governments, and can require them -to be consistent with the
regional plans; receives and disburses grant money; in certain
instances issues revenue and general obligation bonds; reviews
applications for federal and state funds to ensure consistency between
federal and state programs and regional development plans; approves the
financial plans of metropolitan operating agencies; provides technical
assistance to other governmental units; conducts research; and provides
information to the public. Seventeen members, appointed by the
Governor and confirmed by Senate, include 16 members selected from
districts of equal population, and a chair representing the metro area.
at large; chair serves at the pleasure of the Governor; members cannot
hold elected public office; must reside in the council district he or
she represents; members serve staggered four-year terms; terms expire
first Monday in January of odd numbered years; must file with the
/-I
Monthly meetings; members receive $35 per diem plus expenses.
REGIONAL TRANSIT BOARD: The Board;coordinates transit programs within
the metropolitan area and implements short -to -mid-range planning that
is consistent with the long-range transit plans of the Metropolitan
Council; establishes a transit imformation service; adopts a transit
service implementation plan; contracts with transit operators in the
metropolitan area to provider+transit services,; coordinates special
transportation services for the elderly, handicapped or others with
special transportation needs; administers contracts for paratransit
projects; appoints the members of the Metropolitan Transit Commission;
and other transit related responsibilities. The board consists of 9
members representing Metropolitan Council districts in the
metropolitan area, appointed by the Metropolitan council; the Chair is
appointed by the Governor. Members receive $50 per diem plus expenses.
Members must file with the Ethical Practices Board.
SOLID WASTE MANAGEMENT ADVISORY COUNCIL: Makes recommendations to the
Waste Management Board on its solid waste management activities;
appointed by the Chairperson of the Waste Management Board. Members
must include 5 public members, 5 representative of local.governmental
units, and 5 representatives of the solid waste industry; at least one A
member must be experienced in each of the following areas: state and
municipal finance, solid waste collection, processing and disposal, and
solid waste reduction and resource recovery. Meetings twice monthly.
Members are compensated for expenses.
WASTE MANAGEMENT BOARD: Selects and may acquire sites for hazardous
waste facilities; encourages private sector to develop hazardous waste
facilities; develops hazardous waste management plan; reviews petitions
for Solid Waste Management Districts; administers solid waste
management project grants and loans; 9 members, appointed by the
Governor and confirmed by the Senate, include one member from each
congressional district (as of 1/1./80). Chairperson serves at the
pleasure of he Governor. Bi -weekly meetings; members receive $50 per
diem plus expenses. Members must file with the Ethical Practices
Board.
WATER RESOURCES BOARD: Responsible for state -level administration of
the Minnesota Watershed Act, Metropolitan Surface Water Management Act,
and Comprehensive Local Water Management Act. Can intervene and make
recommendations on water policy conflicts between governmental
departments or between individuals and governmental departments. Five
members, appointed by the Governor and confirmed by the Senate, may not
be governmental employees; members must file with the Ethical Practices
Board. Members receive $35 per diem.
AGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
CITY HALL
TUESDAY, NOVEMBER 18, 1986
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES
III. 6:40 - DEPARTMENT BEAD BUSINESS
VII. NEW BUSINESS
A. Variance (Advance Development Corporation) for a 5' Variance From
the 30' Front Yard Setback for Lots 3, 4, and 5 of Block 1, Sun
Cliff Addition Located East of Beaver Dam Rd. on Deer Hills Trail,
4!�NW 1/4 of See 29.
B.
a Variance (Walter Larson) For an 7.5' Variance From the 30' Setback
Along Public Street for Lot 7, Block 3, Cedar Grove 3 Located at SW
Corner of Jade Lane & Rahn Rd, SE 1/4 of Sec 19•
�.$/ C. Conditional Use Permit (Advent UnitedMethodist Church) For a Pylon
Sign on Lot 1, Block 1, for a Church Located South of Hwy U55,
Abutting Lexington Av on the West, W 112 of See 2.
A
A.
Fire Department
1. Joint Fire Training Facility
IV.
6:55 - CONSENT AGENDA
11
A.
Contractor Licenses
/3
B.
Personnel Items
C.
Project 479, Receive Feasibility Report/Order Public Hearing,
Lexington/Northview Park (Trunk Storm Sewer)
P,/3
D.
Project 485, Receive Feasibility Report/Order Public Hearing,w
Lexington Square 6th Add%NorthviePark Rd (Streets & Utilities)
/
p•14
I
E:
Affiliation with the National Youth Sports Coaches Association
V.
7:00 - PUBLIC HEARINGS
A.
Project 478, Lexington Hills Addition (Sanitary Sewer)
P17
,Z$
B.
Vacate Public Right -of -Way, Coachman Road Extension (Hampton
I
Heights) Continued to December 2, 1986
VI.
OLD BUSINESS
pp.).9
A.
Corrective Strategies for Part 150
3/
B.
Resolution Authorizing Amendments to $12,580,000 Multifamily Rental
PHousing
Revenue Bonds (Royal Oak Circle Project)
P.32
C.
Final Plat Approval for Fairway Hills 1st Addition
y 59
D.
Consideration of Trapp Court Cul-de-sac, Eagandale Office Park 3rd
1
Addition
VII. NEW BUSINESS
A. Variance (Advance Development Corporation) for a 5' Variance From
the 30' Front Yard Setback for Lots 3, 4, and 5 of Block 1, Sun
Cliff Addition Located East of Beaver Dam Rd. on Deer Hills Trail,
4!�NW 1/4 of See 29.
B.
a Variance (Walter Larson) For an 7.5' Variance From the 30' Setback
Along Public Street for Lot 7, Block 3, Cedar Grove 3 Located at SW
Corner of Jade Lane & Rahn Rd, SE 1/4 of Sec 19•
�.$/ C. Conditional Use Permit (Advent UnitedMethodist Church) For a Pylon
Sign on Lot 1, Block 1, for a Church Located South of Hwy U55,
Abutting Lexington Av on the West, W 112 of See 2.
A
D. Conditional Use Permit (ABF Freight System) for a Pylon Sign for a
P Truck Company on Lots 3-6, Plainview Addition Located South of Hwy
#55, Abutting Lexington Av on the West, W 1-/2 of Sec 2.
4,7 E. Waiver of Plat (Opus Corporation) for Lots 6 & 14, Block 4,
T' Eagandale Ctr Ind Park & Lot 3, Block 1, Eagandale Ctr Ind Park No.
7 to Combine Tract 'A with the Parcel to the North
(.� F. Waiver of Plat (Northwestern Bell Telephone) to split a.11 Acre
Parcel from Parcel 11022-26 for a Utility Building Located west of
Dodd Rd, Abutting C.R. #30, NW 1/4 of Sec 25.
(� G. Rezoning (Living Word Lutheran Church) from R-1' (single family) to
P.F. (public facility) for a Church in the Former Peace Reformed
Church Building Located on Lots 12 - 16 and 20, 21, 22, & 24, Block
6, Cedar Grove 6, abutting Nicola Rd on the West & Diamond Dr on
the East.
VIII. ADDITIONAL ITEMS
A. Public Improvement Contracts
P-77 1. Contract 86-25, Consider Award/Cancellation of Contract (Burr
Oak Hills 1st)
{� g 2. Contract 86-27, Receive Bids/Award Contract (Wilderness Ponds
/ and Blueberry Circle)
�•$L 3. Contract,86-2, Approve Supplemental Agreement No. 2 (Nicola Rd)
97- 4. Contract'85-11,, Final Payment/Acceptance (Windtree 3rd Add)
pe -2, 5. Contract 85-22, Final Payment/Acceptance (Robins Addition)
T 93 B. Blackhawk Park Land Acquisition
I%. VISITORS TO BE HEARD (for those persons not on the agenda)
X. ADJOURNMENT
a
4
•
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 13, 1986
SUBJECT: AGENDA INFORMATION
After approval is given to the November 18, 1986 agenda and regular
City Council meeting minutes for the November 6 meeting, the
following items are in order for consideration:
A. FIREDEPARTMENT:
Item 1. Fire Department --The city of Burnsville is giving
consideration to the construction of a fire training facility
to be located on property owned by the city adjacent to the flood
plane. The fire training center would include a training tower,
burn building and burning, pits. The city of Burnsville has proposed
that three (3) other communities participate in the construction
of the facility and as a result will have the use of the training
facility on a scheduled basis. Those cities include Apple Valley,
Lakeville and Eagan. The cost of the facility will be shared
equally by all four cities. The operating cost which will not
exceed $4,000 aggregate annually will be paid by Burnsville and
then invoiced to the member cities in a ratio determined by the
most recent Metropolitan Council population estimate. The
estimated cost to the City of Eagan for participation in the
construction of the facility is $30,000.
This item was discussed with the City Council during budget review
and it was suggested that the capital investment be taken from
the contingency or fund balance in 1986. It appears now that
monies will not be needed until spring of 1987. The City has
received notice from Divine Redeemer Hospital that the subsidy
for the ambulance operation will more than likely be eliminated
in 1987. This amounts to approximately $44,000. If it is a
decision of the City Council to participate in the joint training
facility, funding could be considered from one of two sources:
1) Utilize revenues available in the City's fund balance or
2) reprioritize the amount set aside in the 19'87 budget for
the ambulance subsidy to the Fire Department to construct the
fire training center.
Enclosed is a copy of a draft joint use agreement on pages 3
through�� for your review. Also enclosed is a copy of a
letter that was received from Divine Redeemer Memorial Hospital
discussing their new pricing system and the consideration to
eliminate subsidies for 1987. Fire Chief Southern will be present
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Two
for this item. Divine Redeemer's letter is enclosed on ps f-10
ACTION TO BE CONSIDERED ON THIS ITEM: to approve or deny the
City of Eagan's participation in the _construction and operation
of a fire training facility in the city -of Burnsville and provide.
some direction for funding the capital investment.
0
JOINT USE AGREEMENT
FIRE TRAINING FACILITIES
AGREEMENT made this day of 1986, by
and between the City of Burnsville ("Burnsville"), the City of Lakeville
("Lakeville"), the City of Eagan ("Eagan") and the City of Apple Valley
("Apple Valley"), all Minnesota municipal corporations in Dakota County,
Minnesota. This Agreement is entered into pursuant to the authorization of
the "Joint Powers Act" Minnesota Statutes §471.59.
in Burnsville on land owned by
Burnsville which shall be used to train firefighting person-
nel and which is acquired pursuant to this agreement.
3. FACILITY DETAIL. The facility shall consist of a burn building, a
training tower, and a burn pit as more particularly described in the plans
and specifications (the plans) prepared by which are hereby
approved and made a part of this agreement.
DRAFT
1 '
oC,� � g 1986 I
3
�
NOW,
THEREFORE, the undersigned governmental units, in
the
joint and
mutual
exercise of their powers, agrees as follows:
1.
GENERAL PURPOSE. The purpose of this Agreement
is
to jointly
provide
fire training facilities for the use of member cities
and
others.
2.
DEFINITIONS.
A. "Member City" and "City" shall mean a parry to
this
Agreement.
B. "Nonmember City" shall mean any City which is
not
a party to
this Agreement.
AC.
"Facility" or "Facilities" shall mean the
structures and
related personal property located or to be located
at
in Burnsville on land owned by
Burnsville which shall be used to train firefighting person-
nel and which is acquired pursuant to this agreement.
3. FACILITY DETAIL. The facility shall consist of a burn building, a
training tower, and a burn pit as more particularly described in the plans
and specifications (the plans) prepared by which are hereby
approved and made a part of this agreement.
DRAFT
1 '
oC,� � g 1986 I
3
4. FACILITY CONSTRUCTION. Burnsville shall do all things necessary
to construct the facility pursuant to the plans with such construction to be
complete and the facility ready for use by the 1st day of December, 1987.
5. CONSTRUCTION COSTS. Burnsville agrees to complete construction of
the facility pursuant to the plans for a price not to exceed
Each member city shall remit 12.58 of said to Burnsville by
the lst day of May 1987. Upon certification by Burnsville that the facility
is complete, Burnsville shall invoice each member city for 258 of the final
cost less the 12.58 prior payment. Should the final cost exceed
Burnsville shall be responsible for the excess. •
6. OWNERSHIP. Each city shall own an unrecorded undivided one-
quarter interest in the facility.
7. FACILITY ALTERNATIONS. No addition, modification or demolition
having a value or cost in excess of $1,000 shall occur to the facility
without the written approval of the City Council of each member city.
8. OPERATING COSTS. Costs of operation are expected to be minimal
and in no event exceed $4,000 aggregate annually in the foreseeable future.
All costs deemed necessary for facility operation by the Burnsville Fire
Chief shall be paid by Burnsville. Annually, Burnsville shall invoice the
operating costs to the member cities in a ratio determined by the most
recent Metropolitan Council population estimate. Any single operating
expenditure item of value in excess of $1,000.00 shall be advance approved
by the Fire Chief of each city to qualify as a sharable expense.
9. FACILITY USE. Each member city shall be entitled to unlimited use
of the facility, subject only to advance scheduling under the written rules
DRAFT
2 OCT 1 ro 1966
I
s
established by the Chief's Board, Actual site use of the facility shall
also be governed by written rules established by the Chief's Board.
10. USE BY OTHERS. The facility may be rented for use to any organ-
ized fire department at times when not scheduled for use by a member city.
Burnsville shall be the rental agent. For each rental, the rent shall be
$100.00 or $50.00 per hour, whichever is greater. Each non-member city
(user) shall execute prior to use a hold harmless agreement is a form
approved by the Burnsville City Attorney in favor of each member city.
Rental fees shall be used to offset the paragraph 8 operating costs.
® 11. DURATION.
A. Any member city may withdraw from this Agreement on December A
31 of any year. Written notice of withdrawal must be given
to the other member cities at least six (6) months prior to
the date of the proposed withdrawal.
B. In the event of written notification to withdraw, the
remaining cities shall meet to consider modifying this
Agreement to continue without the withdrawing city or to
• terminate..
C. If the remaining cities continue this Agreement, the with-
drawing city shall receive cash for its interest in the
facility determined as follows:
1. The member cities agree that the value of the facility
as built, excluding. the market value of the land where
the facility is situated•, is $
2. The value of the facility shall be depreciated at 58
annually commencing January 1, 1988.
3 DRAFT
op"i 1610
0
3. The amount distributed to the withdrawing member shall
be the depreciated value of the facility divided by the
number of member cities prior to the withdrawal. The
remaining cities shall pay the amount. derived above to
the withdrawing city in 48 equal monthly installments
with eight (8) percent interest on the unpaid balance.
The withdrawing city shall receive a principal sum of at
least $5,000.00.
D. In the event of termination, Burnsville shall have all right,
title and interest in the facility. Each member city shall •
execute quit claim deeds to Burnsville relinquishing their A
interest in the facility. 'Burnsville shall pay each member
city the amount derived from Paragraph C. above, in 48 equal
monthly installments, with eight (8) percent interest on the
unpaid balance. Burnsville shall pay each city a principal
sum of at least $5,000.00.
E. An
ex -member
city shall be entitled to no use whatsoever of
the
facility.
•
12. CHIEF"S BOARD. The Chief's Board shall consist of the Fire
Chief's of the member cities. It shall be their responsibility to operate
the facility, subject to this agreement. It shall have no statutory
authority.
13. INDEMNIFICATION_ Each member city shall fully indemnify the other
member cities against all loss, damage, liability claims, suits, judgments,
costs and expenses by reason of loss of or damage to property and injury to
DRAFT
4 0 CT 1 ro 05
I
or death of persons caused by acts or omissions of the ^member city, its
officers, agents, or employees, arising from or growing out of, directly or
indirectly, wholly or partly, its construction, maintenance, operation or
use of the facility.
14. INSURANCE. Language pending.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be.
executed by their respective duly authorized officers by authority of their
respective governing bodies.
CITY OF BURNSVILLE CITY OF LAKEVILLE
MI
Dated:
By:
Mayor
And:
Clerk
Dated:
CITY OF APPLE VALLEY
By:
Mayor
And:
Clerk
Dated:
DRAFT
0C1 i 6 1986
Mayor
And:
Clerk
Dated:
CITY
OF EAGAN
i
By:
Mayor
And:
Clerk
Dated:
By:
Mayor
And:
Clerk
Dated:
CITY OF APPLE VALLEY
By:
Mayor
And:
Clerk
Dated:
DRAFT
0C1 i 6 1986
'M
�OOpppaa0000
OOOppppoaaoa
October 20, 1986
Mr. Thomas Hedges, Administrator
City of Eagan
3830 Pilot Knob Road
Eagan, MIN 55122
Dear Mr. Hedges:
DIVINE REDEEMER MEMORIAL HOSPITAL
724 Nineteenth,Avenue North
South St. Paul, Minnesota 55075
(612 ):450-4500
.410
l.t
As was discussed at your September 19, 1986, Mayor/Manager's meeting, we at
Divine Redeemer Memorial Hospital are planning to change our pricing schedule
for ambulance service to a tier level pricing system. Under this system, we
would charge a fixed fee for a given level of service. This would make pricing
easier for us and eliminate many lost charges that we have been experiencing.
Examples of this system are enclosed for your review. Also, please note that
our prices will be competitive with other ambulance services in the Metropolitan
area.
We will call you sometime during the week of October 27 to answer any questions
or discuss concerns you might have regarding this matter. If all works out as
anticipated, we will implement the new price system and eliminate the subsidies
for 1987.
Thank you for your consideration in this matter.
Sincerely,
Drew Haynes
Administrator
l I
Enclosure
An American Healthcare Management Hospital
n
U
•
r
CHARGE CATAGORIES
MINOR MEDICAL
Example: Patient being evaluated for a high temperature.
Includes the following:
1) Patient assessment and vitals
2) Stretcher transport (5 miles)
MAJOR CORONARY
Example: Patient having chest pain with unstable cardiac rhythm.
Includes the following:
1) Patient assessment and vitals
2) Stretcher transport (5 miles)
3) Oxygen
• 4) Cardiac monitor
5) Intravenous fluids
6) Cardiac medications
A
MAJOR TRAUMA
Example: Car accident victim with multiple injuries and shock.
Includes the following:
1)Patient assessment and vitals
2) Stretcher transport (5 miles)
3) Spinal immobilization
4) Splinting
5) Bandaging
6) M.,A:.S.T. suit
7) Oxygen
8) Cardiac monitor
• 9) Intravenous fluids
CARDIAC ARREST
Example: Non -breathing, pulseless patient.
Includes the following:
1) Patient assessment and vitals
2) Stretcher transport (5 miles)
3) Oxygen
4) Esophageal obturator airway
5) Cardiac monitor
6) Defibrillation
7) Intravenous fluids
8) Cardiac medications
9) Suctioning
I
1'
10/21/86
AMBULANCE
CHARGES
Ambulance
Minor
Major
Major
Cardiac
Service
Medical
Coronary
Trauma
Arrest
D. R. M. H.
$ 240.00
$ 430.00
$ 450.00
$ 550.00
Med Plus
282.50
429.50
451.50
561.50
St. Francis
185.00
415.00
415.00
515.00
North Memorial
250.50
421.00
478.70
572.50
Health Central
245.00
460.00
410..00
510.00
/0
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Three
CONSENT AGENDA
There are five ( 5 ) items on the agenda referred to as consent
items requiring one (1) motion by the City Council. If the City
Council wishes to discuss any of the items in further detail,
those items should be removed from the Consent Agenda and placed
under Additional Items unless the discussion required is brief.
CONTRACTOR LICENSES
A. Contractor Licenses --Attached on
contractors who are renewing or who have
• as the builder by a customer either
reside within the City of Eagan. These
from other municipalities or their
are awaiting City Council approval for a
ACTION TO BE CONSIDERED ON THIS ITEM: To
licenses as presented.
•
page is a list of
been selected and retained
living in or planning to
contractors have references
client permit applications
contractor license.
approve the contractor
A
E
CONTRACTORS' LICENSE
NOVEMBER 18, 1986
GENERAL CONTRACTORS
1. M.G. ASTELFORD CO INC
2. E.D.S. CONSTRUCTION CO
3. HEILING CONSTRUCTION
4. MINNEHAHA FALLS NURSERY & GARDEN STORES INC
1. GOPHER HTG & SHEET METAL INC
2. THE HEATING CO
PLUMBING
1. HERITAGE PLUMBING
2. M&D PLBG & BIG
Y
4
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Four
PERSONNEL ITEMS
B. Personnel Items --There are no items to be considered under
Personnel at this time.
RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING
C. Project 479, Receive Feasibility Report/Order Public Hearing
- Lexington/Northview Park (Trunk Storm Sewer) --As a requirement
of the development of the Lexington Hills Addition, Lexington
Square 6th Addition and the required upgrading of Northview Park
entrance road to City state aid standards, it will be necessary
to provide trunk storm sewer facilities in this general area.
® Subsequently, the Council authorized the preparation of a
feasibility report to discuss this improvement. This report has
now been completed and is being presented to the Council in
consideration of a public hearing being scheduled for December
16, 1986.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility
report for Project 479 (Lexington/Northview Park - Storm Trunk
Sewer), and schedule a public hearing to be held December 16,
1986.
RECEIVE FEASIBILITY REPORT/ORDER PUBLIC HEARING
D. Project 485,, Receive Feasibility Report/Order Public Hearing
Lexington Square 6th Addition/Northview Park Road (Streets and
Utilities) --In response to a petition received from the developer
of the Lexington Square 6th Addition, the Council authorized the
® preparation of a feasibility report to discuss the installation
of streets and utilities along Northview Park Road to service the
6th Addition. This report has now been completed and is being
presented to the Council for their consideration of scheduling a
public hearing for farther discussion.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the feasibility
report for Project 485 (Lexington .Square 6th Addition/Northview
Park Road - Streets and Utilities) and schedule the public
hearing to be held December 16, 1886.
l3
J
Agenda Information
November 18, 1986,
Page Five
Memo
City Council Meeting
NATIONAL YOUTH SPORTS COACHESASSOCIATION
E. National Youth Sports Coaches Association --The Director
of Parks and Recreation is proposing,. that the City affiliate
with the National Youth Sports Coaches Association that provides
training for volunteers on the coaching of soccer, hockey, baseball,
softball and other youth recreational sports programs. Once
a parent/volunteer is certified, the National Youth Sports Coaches
Association will provide insurance coverage to protect volunteers
if ever a child were injured and the parents were to sue the
volunteer- and/or the City of Eagan,. Please refer to the attached
memo found on pages 5-#/Z,, prepared by the Director of Parks and
Recreation.
ACTION TO BE CONSIDERED ON THIS ITEM: To authorize the Director
of Parks and Recreation to affiliate with the National Youth
Sports Coaches Association through the Minnesota Parks and
Recreation Association.
4
•
A
MEMO TO: MAYOR AND CITY COUNCIL
FROM: REN VRAA
DIRECTOR OF PARRS AND
DATE: NOVEMBER 13, 1986
SUBJECT: NATIONAL YOUTH SPORTS COACHES ASSOCIATION, DEPARTMENT
AFFILIATION FOR COACHES TRAINING
The October meeting of the Advisory Commission, the Commission
agreed with the staff's recommendation for the department to
become an affiliate of the National Youth Sports Coaches
Association.
® We are all aware of the coach, who in their zeal forget the real
reason of why there is a youth sports program. Too often, their
occurs each year a number of incidents that could have been a
avoided if coaches had the real essence of the youth sports
program. This is one of the reasons the department has
investigated affiliation with the National Youth Sports Coaches
Association; in an effort to develop a coaches training program..
The Eagan Athletic Association has also expressed an interest in
coaches training, and in particular, the NYSCA offerings.
The National Youth Sports Coaches Association has developed a
coaches training program and a well defined curriculum for
coaches. The curriculum centers on three basic areas: psychology
of coaching youth sports, maximizing performance and first aid.
The NYSCA has developed 3 video tapes and corresponding written
material for each of these three areas. In addition, training
•tapes have been developed for each specific sport, i.e. soccer,
football, softball with additional tips for coaches included,
such as warm-up drills, stretching exercises, how to organize
practice, etc. Coaches training sessions are presided over by
discussion leaders/teachers who are trained to facilitate and
augment the video tapes. The. leaders must attend training
sessions in order to teach/use this material to become "Certified
Instructors".
Minnesota Recreation and Park Association (MRPA) has recently
signed an agreement with the National Youth Sports Coaches
Association. This agreement opens the door for municipal
recreation departments to become "an affiliate chapter".
Previously, a fee of $2500 would have been required as a purchase
price for the tapes, written material, etc. With the MRPA being
a coordinating agency, these training tapes and training
materials are available free of charge to local municipalities.
Recently, both Dorothy Peterson and Paula Sunder, Recreation
Supervisor, have completed the teachers training and
certification clinic and are recognized as certified instructors.
Consequently, the Parks and Recreations department can become an
affiliate chapter with MRPA at no cost. Training materials are
available at no cost to the City. The only cost involved is
that each participating coach �9ust pay a $15 fee to the National
Youth Sports Coaches Association. This fee covers written
material, $300,000 liability insurance coverage under a master
contract and periodic publications or coaches on youth sports in
general.
Staff/Commission recommendation - Staff has recommended to the
Advisory Commission that the department become an afillate
chapter of the NYSCA through the MRPA. Seconded, the services of
Dorothy Peterson and Paula Sunder be made available to the
various youth athletic associations, .the EAA, R.AAA, and the
Hockey Associations as a service to the community, with, the
department periodically conduct NYSCA training sessions for
local coaches.
For Council Action - To approve/disapprove the department of
Parks and Recreation become an affiliate chapter of MRPA and the
National Youth Sport Coaches Association in order to conduct
youth-coach,ps//training sessions.
Direc
KV/cks
reation
0
4
u
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Six
PROJECT 47.8 - LEXINGTON HILLS ADDITION
A. Project 478, Lexington Hills Addition — Sanitary Sewer --On
November 2, the Council received the feasibility report for the
installation of sanitary sewer to service the Lexington Hills
Addition and scheduled the public hearing to be held November 18.
Enclosed on pages _�� _ through _y7__ is a copy of the
feasibility report discussing the -proposed improvement. The
project was expanded beyond the immediate service to Lexington
Hills Addition at the concurrence of the affected property owners
as a result of the neighborhood meeting held on Monday, October a
20. All notices have been published in the legal newspaper and
sent to all affected property owners informing them of this
public hearing. Our consultant engineer will be discussing this
project in further detail and will be available to answer any
questions.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public
hearing and approve/deny Project 478 (Lexington Hills Addition —
Sanitary Sewer) and if approved, authorize the preparation of
detail plans and specifications.
17
•
�7
...REPORT
FOR
LEXINGTON HILLS FIRST ADDITION
SANITARY SEWER
PROJECT NO. 478
EAGAN, MINNESOTA
FILE NO. 49400
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
ENGINEERS & ARCHITECTS
ST. PAUL, MINNESOTA
I
4
Bonestroo, Rosene, Anderlik & Associates, Inc.
2335 W. Trunk Highway 36
St. Paul, MN 55173
612.636.4600
September 9, 1986
Honorable Mayor and Council
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
Engineers & Architects
Re: Lexington Hills Addition
Sanitary Sewer Improvement
Project No. 478
File No. 49400
Dear Mayor and Council:
Um G. BIMnINU. P.E.
Rubel W. R.,. I'. E.
Jwryh C. ~n hk, Y.E.
B,ud/ ,d A. l.rmbrrx. P.E.
xirhu,d a Trrmn. Y.E.
Jumn C. uhun. P E.
I JLJ
^pt r, jas
�:,
Glrnn R. C.k. PE.
RMh A. Cwdon. P.E.
M. E. Nupn. ISE.
Nnhu,d W. F.,n, Y.E.
Nabn G. .1'a9unbh,, P.E.
Marne L. Xwvulu. P.E.
Qurwld C. Burxurdr. P.E.
Jfn, A. Bourdon, Y.E.
WA A. N.uun. P.E.
TM R. Fled, P.F.
M,,AM r. Nuubnunn. P.E.
xr.fn•n R. PJrJJnlr. P R.
(Arvid U. L.Amu, P E.
Thum. R'. Wlrnun, P, E.
Mxh.IC. Lkmh, P.E.
A'urcn L. RV.. Y.E.
Jumn N. Mulanrl. I'. E'.
Ernv,A Y. dnJmm. PE
kwh A. &,h .m Y.E.
Murk R. Nul/a, I'.E
8ubfr, C. Bun k. A.LA.
Churlr, A. A. L,mn
Lru M. Yunrbhy
//orlon M. Ohm
fu,un Af. Etrdln
F- 1
L-A
A
Transmitted herewith is our report for Lexington Hills Addition, Project No.
475. This report covers sanitary sewer and includes a preliminary assessment
roll.
We would be pleased to meet with the Council and other interested parties at a
mutually convenient time to discuss any aspect of this report.
Yours very truly,
BONESTROO, RROSENE, ANDERLIK & ASSOCIATES, INC.
Robert W. Rosene
RWR:li
I hereby certify that this report was prepared
by me or under my direct supervision and that
I am a duly Registered Professional Engineer
under the laws of the State of Minnesota.
Waal� LAI)
Robert W. Rosene
Date: September 9, 1986 Reg. No. 3488
Approved by: ent o PUr
Department o Pu c Works
Date:
30 Year
.Anniversary
SCOPE: This project provides for the construction of sanitary sewer to serve
the proposed Lexington Hills First Addition. Lexington Hills Addition is lo-
cated east of Lexington Avenue north of Diffley Road (Co. Rd. No. 30) in the
SW 1/4, SW 1/4, Section 23. This addition is proposed to contain seven apart-
ment buildings with 168 dwelling units.
This sanitary sewer is also proposed to provide service to the west side
of Lexington Avenue to Parcels 032-54, 012-54, 014-54 and 019-54, to.Parce1
016-54 on the east side of Lexington Avenue and to Parcels 010-77 and 031-76
and to W. Schmidt, Addition all on the west side of Lexington Way.
®
FEASIBILITY AND RECOMMENDATION:
This project is
feasible
from an engineering
standpoint and is in accordance
with the Master
Plan for
Sanitary Sewer for
a
the City of Eagan.
DISCUSSION: The initial request for sanitary sewer was to serve the proposed
Lexington Hills Addition. Study of the area west of Lexington Avenue revealed
that an extension of this line was also the most economical way to serve the
property between Lexington Avenue and Lexington Way and the first four parcels
north of County Road 30 west of Lexington Way. Cost comparisons indicated
that considerable savings could be made by serving all of this area in one
• project.
The sanitary sewer herein proposed will connect to the existing 10" PVC
sanitary sewer line at a manhole located in the southeast quadrant of the in-
tersection of Lexington Avenue and Diffley Road (Co. Rd. No. 30). The line
will extend along the east side of Lexington Avenue to the entrance drive of
Lexington Hills First Addition. The line will turn west across Lexington Ave-
nue, near the north line of Parcel 031-54, extend to the west side of Lexing-
ton Way and provide service to parcels on the west side of Lexington Way. A
lateral will extend south along the east line of Parcels 014-54 and 012-54 to
Page 1.
7698d
20
give service to Parcels 012-54 and 032-54. Because the. topography drops off
sharply to the north, Parcels 019-54 and 031-76 and the proposed Lexington
Hills First Addition are the most northerly parcels to be served by this sani-
tary sewer line.
EASEMENTSAND PERMITS: Due to the installation of gas main 5' west of the
east Lexington Avenue property line and the limited width between the gas main
and the concrete curb, it is proposed to locate this sanitary sewer line on an
easement approximately 20' wide along the west edge of Parcel 016-54 and the
proposed Lexington Hills First Addition. This location will not interfere
with the development of either parcel because of the required setback of
A
building construction from the property line. Permanent easements will be re-
quired across Parcels 016-54, 017-54, 019-54, 014-54, 012-54 and 032-54.
Temporary easements for construction purposes will be required from all par-
cels benefited by this project. All easements are expected not to interfere
with the development of the lots. No special allowance has been made -in the
project costs for these easements.
The standard permits from the MPCA and MWCC will be required. No delay in
issuance
®"
of permits is anticipated as this sanitary sewer is in accordance
with the approved Comprehensive Sanitary Sewer Plan.
COST ESTIMATES: A detaile(' cost estimate is presented as Appendix A at the
back of -this report. The total estimated cost is $133,780 which includes con-
tingencies and all related overhead. Overhead costs are estimated at 30% and
include legal, engineering, administration and bond interest but do not in-
clude an allowance for cost of acquisition of easements.
Page 2.
76984
71
AREA TO BE INCLUDED:
ASSESSMENT AREA
CONSTRUCTION AREA
SW 1/4, SW 1/4, Sec. 23,
R23W, T27N
SW 1/4, SW 1/4, Sec. 23
SE 1/4, SE 1/4, Sec. 22,.R23W,
T27N
SE 1/4, SE 1/4, Sec. 22
Parcel 016-54
Parcel 016-54
Parcel 017-54
Parcel 017-54
Parcel 032-54
Parcel 019-54
Parcel 019-54
Parcel 014-54
Parcel 014-54
Parcel 012-54
Parcel 012-54
Parcel 031-54
Parcel 031-76
Parcel 032-54
Parcel 010-77
Lexington Way
®
W. Schmidt Addn. Blk. 1,
Lots 1 6 2
ASSESSMENTS: Assessments are proposed to be levied against the benefited
property. All construction costs herein are considered to be laterals and
will be totally assessed against the benefited property. All property in this
area east of Lexington Way has previously been assessed for sanitary sewer
trunk area benefit. Property west of Lexington Way will be assessed the sani-
tary sewer trunk area benefit.
The preliminary assessment roll is included as Appendix B at the back of
® this report.
REVENUE SOURCES: Revenue sources to cover the cost of this project and for
the sanitary sewer trunk fund are as follows:
Project Cost Revenue Balance
Lateral $133,780
Lateral Assessment $133,780
$133,780 $133,,780 - 0 -
There are no trunk funds required for this project.
Trunk Area Assessments + $7,079
Page 3.
7698d y
2
4
PROJECT SCHEDULE
Present Feasibility Report
Public Hearing
Approve Plans and Specifications
Receive Bids/Award Contract
Construction Completion
Final Assessment Hearing
First Payment Due with Real Estate Taxes
Page 4.
7698d
z3
October 23', 1986
November 18, 1986
November 18, 1986
December 16, 1986
Summer, 1987
September, 1987
Spring, 1988
0
E
•
APPENDIX A
PRELIMINARY COST ESTIMATE
LEXINGTON HILLS ADDITION
SANITARY SEWER
PROJECT NO. 478
90 Lin.ft. 8" PVC, 22'-24' deep @ $25.00/lin.ft.
570 Lin.ft. 8" PVC, 20'-22' deep @ $22.00/lin.ft.
450 Lin.ft. 8" PVC, 18'-20' deep @ $19.00/lin.ft.
320 Lin.ft. 8" PVC', 16'-18' deep @ $17.00/lin.ft.
650 Lin.ft. 8" PVC, 14'-16' deep @ $15.00/lin.ft.
275 Lin.ft. 8" PVC, 12'-14' deep @ $14.00/lin.ft.
420 Lin.ft. 8" PVC, 10'-12' deep @ $13.00/lin.ft.
55 Lin.ft. Extra to jack 8" sewer under Co.Rd. 30 @ $150.00/lin.f
80 Lin.ft. Extra to jack 8" sewer under Lexington @ $150.00/lin.f
10 Each 8' deep Std. MH @ $1,000.00/each
78 Lin.ft. MH over depth @ $70,.00/lin.ft.
1 Each Connect to exist. MH @ $500.00/each
2,435 Lin.ft. Trench compaction @ $2.00/lin.ft.
5 Acres Turf Replacement @ $1,000:00/Ac.
200 Cu.yds. Rock stabilization @ $10.00/cu.yd.
30 Sq.yds. 8' wide bituminous trail repair @ $10.00/sq.yd.
100 Sq.yds. Bituminous street crossing repair @ $12.00/sq.yd.
4 Each 4"x8" Service wyes @ $15.00/each
5 Each 6"x8" Service wyes @ $15.00/each
16 Lin.ft. 4" Dia. Service riser @ $12.00/lin.ft.
20 Lin.ft. 6" Dia. Service riser @ $13.00/lin.ft.
Total
+5Y Contingencies
+30% Legal, Engrng., Admin. S Bond Interest
TOTAL SANITARY SEWER ................................
Page 5.
7698d , 1
$ 2,250
12,540
8,550
5,440
9,750
3,850
5,460
t. 8,250
t. 12,000
10,000
5,460
500
4,870
5,000
2,000
300
1,200
60
80
190
260
$ 98,010
4,900
$102,910
30,870
$133,780
4
Page 6.
7698d
25
APPENDIX B
PRELIMINARY ASSESSMENT ROLL
LEXINGTON HILLS ADDITION
SANITARY SEWER
PROJECT NO. 478
Total
Project,
Parcel
Assessable
Lateral
Description
Footage
Rate/F.F.
Assessment
SW�t, SW�4, Sec. 23, T27,
R23
Parcel 016-54
356 F.F.
$32.25
$11,481
Parcel 017-54
1,067 F.F.
32.25
34,411
Parcel 032-54
310 F.F.
32.25
9,998
Parcel 019-54
810 F.F.
32.25
26,123
4
Parcel 014-54
407 F.F.
32.25
13,126
Parcel 012-54
267 F.F.
32.25
8,611
SE`s, SEti, Sec. 22, T27,
R23
Parcel 010-77
470 F.F.
$32.25
$15,158
Parcel 031-76
215 F.F.
32.25
6,934
W. SCHMIDT ADDITION
Lot 1, Blk. 1
143 F.F.
$32.25
$ 4,621
Lot 2, Blk. 1
100 F.F.
32.25
3,225
0
TRUNK AREA ASSESSMENT @
$1,261/ACRE
Parcel 010-77
2.20 Ac.
$1,261
$2,774
Parcel 031-76
2.47 Ac.
1,261
3,115
W. SCHMIDT ADDITION
Lot 1, Blk. 1
1 Lot
$595/Lot
$ 595
Lot 2, Blk. 1
1 Lot
$595/Lot
595
Page 6.
7698d
25
020-75
012-76
I
I
I
^ 1
/v) 1
I
I
011.76
031-76
O ❑ Q
3
W SCHM/OT ADDIT/ON
(D V 2
010-77
® II DIFFLEY
z
P—
f7
Z
X
W
J
J
N
O 300 O
Scole In Feet
LEX/NGTON HILLS
L AMMON
//� 017-54
019-54 SV
CITY, OF FMAM
014-54 031-54 PROPOSED 8
c1 SANITARY SEWER
b 016-54'
d
'Z
032-54 FKIR ER
W 2I LAi
012-54
(Co. Rd. No. 30)
LEXINGTON HILLS ADDITION
SANITARY SEWER
PROJECT NO. 478
EAGAN, MINNESOTA
EXIST. 10" SANITARY
SEWER
BONESTR00, ROSENE, ANDERUK
& ASSOCIATES, INC.
Engineers do Architects
St. Paul, Minnesota
Date: Sept. 1988 Fig. No. 1
Comm. 49400'
019-54
014.54
012.54
L/TY or FAGAN
031-54
032-54
Rd. No. 30
® LATERAL SEWER ASSESSMENT
TRUNK SEWER AREA ASSESSMENT
LEXINGTON.HILLS AWITION
SANITARY SEWER
PROJECT NO. 478
EAGAN, MINNESOTA
7
N
0 300
5vt1a In Feet
LEX/ND70N HILLS
ADD/TION
017-54
p 016-54
a
0
K/ ER
W O LAZA
2 1
I '
BONESTROO, ROSENE, ANDERUK
& ASSOCIATES, INC.
Engineers & Architects
St. Paul, Minnesota
Date: Sept. 1988 Fig. No. 2
Comm. 49400
020-75
012.76
I
I
I
I
I
I
I
OII-76 I
I
I
\0�
\-Iin
N
\
I�
W. SWM/OT ADDDD/T/ON
(D'\/ J
\ 010-7\
D FF EY \ 0
019-54
014.54
012.54
L/TY or FAGAN
031-54
032-54
Rd. No. 30
® LATERAL SEWER ASSESSMENT
TRUNK SEWER AREA ASSESSMENT
LEXINGTON.HILLS AWITION
SANITARY SEWER
PROJECT NO. 478
EAGAN, MINNESOTA
7
N
0 300
5vt1a In Feet
LEX/ND70N HILLS
ADD/TION
017-54
p 016-54
a
0
K/ ER
W O LAZA
2 1
I '
BONESTROO, ROSENE, ANDERUK
& ASSOCIATES, INC.
Engineers & Architects
St. Paul, Minnesota
Date: Sept. 1988 Fig. No. 2
Comm. 49400
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Seven
VACATE PUBLIC RIGHT-OF-WAY - COACHMAN ROAD EXTENSION
B. Vacate Public Right -of -Way, Coachman Road Extension (Hampton
Heights) --On October 21, the Council received a petition to
consider the vacation of a portion of Coachman Road that was
abandoned due to its realignment through the Hampton Heights
development. While the original public hearing was scheduled for
November 18, staff was not able to publish the proposed vacation
in the legal newspaper in the time frames required by law.
• Therefore, this public hearing will have to be continued for
formal consideration at the December 2 meeting.
•
ACTION TO BE CONSIDERED ON THIS ITEM: Continue consideration of
vacating public right-of-way for Coachman Road Extension (Hampton
Heights) to December 2, 1986.
Z
4
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Eight
OLD BUSINESS
CORRECTIVE STRATEGIES FOR PART 150
A. Corrective Strategies for Part 150 --At the November 6, 1986
regular City Council meeting, the Administrative Assistant
Hohenstein appeared and presented four (4) corrective measures
that are under consideration by the Metropolitan Airports
Commission in the land use planning section of the Part 150 Study.
Those corrective elements are as follows:
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 4
and restrictions.
2. Purchase Assurance Program - guarantee purchase of existing
homes in the 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 to 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.
4. Purchase Avigational Easements - purchase avigational
easements in designated areas.
These corrective elements were reviewed at the last City Council
meeting and it was determined that each City Council member should
be given a copy of the entire Part 150 Study to assist in further
consideration of the corrective elements proposed by MAC. During
the past several months, the Aiport Noise Committee has reviewed
many aspects of the Part 150 Study and many strategies that have
required some type of legislative consideration have been presented
by way of a resolution and/or letter to the City Council for
review. The Part 150 Study was referenced and addressed as a
part of the Airport Noise City Council workshop session.
Administrative Assistant Hohenstein has provided a copy of the
Part 150 Study and correspondence relating to the study which
represents many of the City of Eagan's concerns relative to the
Part 150 Study. For a further review and understanding of the
intent of the Part 150 Noise Compatibility Plan, which is a recom-
mended noise abatement program, refer to pages 18 through 20
z9
•
•
Agenda Information
November 18, 1986,
Page Nine
Memo
City Council Meeting
of Jon's handout which' 'outlines the.' proposed objectives 'of the
Part 15,0 Study.
ACTION TO BE CONSIDERED ON THIS ITEM: to., provide direction regard-
ing the corrective elements as proposed by MAC for the Part 150
Study,.
3�
Agenda Information
November 18, 1986,
Page Ten
Memo
City Council Meeting
ROYAL OAK CIRCLE/AMENDMENT TO HOUSING REVENUE BOND RESOLUTION
B.. Resolution Authorizing Amendment to $12,580,000 Multi -Family
Rental Housing Revenue Bonds for Royal .Oak Circle Project --The
developer of the Royal Oak 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 shrot 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. After further
review legal counsel for Richard Asp has decided to proceed ,with
the conditions of the aforementioned resolution,.
For a copy of the resolution, refer to pages 31,, through
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny adoption
of a resolution that would allow the Royal Oak Circle 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.
3/
•
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
z._
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
,�A
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 O
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 documents delivered
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
_®
.;"�pitN!r'Y 'ii lug [ ;•
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 q
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
Cx in the form on file with the City on the date hereof, and is hereby approved, with,
'y'';
such necessary variations; omissions, and insertions as do not materially affect the
C >' 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 8. 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 q
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 intended or 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
:"3 resolution, the Bond Resolution, and the Bonds shall be construed as if such illegal
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 agreemeirts'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.
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.
6
Mayor
•
7J
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Eleven
FINAL PLAT APPROVAL - FAIRWAY HILLS 1ST ADDITION
C. Final Plat Approval for Fairway Hills lat Addition --On
October 18, the 60 day conditional final plat approval for the
Fairway Hills 1st Addition granted by Council action on September
18 formally expired. The developer's request for a 3 month
• extension was considered by the Council on November 4 with the
item being continued until November 18 to allow the developer an
opportunity to complete the required financial planning necessary
to allow this plat to be recorded. As of this date, the staff
has not received any response from the developer indicating their
ability to comply with these requirements to allow the Council to
grant an extension.
•
Therefore, if nothing ,has changed by the date of the Council
meeting on November 18, it is staff's recommendation that the
approval granted for the Fairway Hills 1st Addition final plat on
September 16 be revoked and be considered null and void.
ACTION TO BE CONSIDERED ON THIS ITEM: Revoke/extend (to a
specific date) final plat approval for Fairway Hills 1st
Addition.
3�
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Twelve
CONSIDERATION OF TRAPP COURT CDL -DE -SAC
D. Consideration of Trapp Court Cul-de-sac, Eagandale Office
Park 3rd Addition --The proposed Eagandale Office Park 3rd
Addition is the current site of the newly constructed Opus
Building housing the Sperry defense systems. While the building
permit was issued under the old underlying legal description, the
developer has been pursuing replatting the property consolidating
several of the older underlying lots.into'the proposed Eagandale
Office Park 3rd Addition. As a part of that proposed plat, the
developer originally proposed the dedication and construction of
the Trapp Court cul-de-sac as shown by the layout enclosed on
page I_. At the time that the preliminary plat was approved
by Council action on December 3, 1985,` a condition was imposed
which would require the cul-de-sac to be eliminated. In July,
Bob Worthington, representing Opus Corporation, requested
reconsideration by the Council of the cul-de-sac elimination
requirement. At that time, the Council would not reconsider due
to the lack of alternate configurations for comparison and
consideration. See Council minutes, page_.
Subsequently, enclosed on page Y is another, request from the
developer wherein he forwarded Al erna A enclosed on page -41-
and Alternate B enclosed on page for comparison to the
requested Trapp Court cul-de-sac. The configuration of Alternate
A is necessary to maintain proper spacing between major
intersections. This results in an unsatisfactory access grade
from Corporate Center Drive due to the lot elevations. It also
results in an unbuildable parcel to the west.
Alternate B is feasible but it requires the relocation of
approximately 60 vehicles requiring the acquisition of additional
property to the east of the Sperry facility for the expansion of
the parking lot.
In consideration for approval of the Trapp Court cul -de -,sac as
proposed, the developer has agreed to perform perpetual winter
snow and ice control maintenance on this cul-de-sac minimizing
the City's maintenance responsibilities.
The developer will provide additional discussion regarding the
various alternates at the meeting on November 18.
ACTION TO BE CONSIDERED ON THIS ITEM: Reconsider the requirement
of the Trapp Court cul-de-sac elimination as a condition of plat
approval for the -Eagandale Office Park 3rd Addition.
-39
41
•
w
0 0
PRELIMINARY PLAT OF.
tAGANDALt OFFICE PARK 3RD AbbITION
414
Vii: _�^. � i \`I C •'=-=Z���i ���.
PRO POSE o
PL - Ar
Council Minutes
December 3, 1985
OFFIC
EAGANDALE bNMMSR14,h•PARK 3RD ADDITION - PRELIMINARY PLAT
The application for preliminary plat approval of Eagandale Industrial Pa %
3rd Addition consisting of a replat of Eagandale Industrial Park Lots 2, 3,
and 4, Block 2, came to the Council. The APC recommended approval at its
November 26, 1985 meeting, subject to certain conditions. The plat would
combine four existing lots and three new lots,. north of Corporate Center Drive
and west of Trapp Road, according to Dale Runkle. There was considerable
discussion concerning the cul-de-sac proposed to be converted to a private
cross easement built to City standards. Gerald Sunde of Sunue Engineering was
present and recommended that the cul-de-sac remain a public street. After
review, Smith moved, Thomas seconded the motion to approve the prelimindr
plat application for Eagandale Industrial Park 3rd Addition, subject to the
following conditions:
1. The proposed public cul-de-sac shall be eliminated and a private
street be provided for access to the lots.
2. The owner and developer will be responsible for any damage to any
retaining wall and grading damages as a result of necessary maintenance of
the City's storm and sanitary sewer lines within the sanitary and storm sewer
easement along the southwesterly boundary of the property.
3. The watermain that the developer proposes to construct shall be built
in accordance with City specifications and properly verified that the
contractor adhered to City standards.
i
4. This development will be responsible for obtaining the necessary MWCC
connection permits.
5. The cul-de-sac, Trapp Court, shall be constructed in accordance with •
City standards for a tear drop design and 9 ton standards.
6. This development shall dedicate a 20 foot utility and drainage
easement adjacent to all publicly dedicated right-of-way.
7. This development shall dedicate the appropriate right-of-way necessary
for the cul-de-sac to conform to City standards.
8. The plat shall be subject to all applicable ordinances.
All members voted yes.
41
OPUS CORPORATION
® DESIGNERS -BUILDERS. DEVELOPERS
September 2, 1986 l,C h�CIJ IJP 0 r �atid
���r �'.�
Mr. Thomas Colbert
Director of Public Works
City of Eagan _
P.O. Box 21199
Eagan, Minnesota 55121
Re: Trapp Road Cul—De—Sac
Dear Tom:
• Opus Corporation, on behalf of Northwestern Mutual Life .Insurance, requests
that the Trapp Court Cul—de—Sac located north of the intersection of Trapp
Road and Corporate Center Drive, which was,continued in July by the Council, q
be placed back on its agenda for final resolution.
We have completed the through loop street design study requested by
Councilman Jim Smith to assess the impact of that alignment on the Sperry
site and the proposed development which adjoins it and would Pike to report
our results to the Council. Because Northwestern Mutual and Sperry need to
know the final position of the Council on the acceptance of Trapp Court as a
city street to complete their land and building transaction, Opus would
appreciate having the item placed back on the City Council agenda as soon as
possible for final resolution. Thank you.
'Sincerely yours,
Ro�tthingt AICP
Executive Director — Governmental Affairs
RAW: jo
TY
OPUS AND AFFILIATES IN MINNEAPOLIS • CHICAGO • PHQENIX • MILWAUKEE • TAMPA • PENSACOLA
EXECUTIVE OFFICES: B00 OPUS CENTER • 9900 BREN ROAD EAST • P.O.BOX 150 • MINNEAPOLIS., MINNESOTA 55A40 (612)WGaw<
142
"elk"
om endo
9U3LV#rCaM COO AMIMS / IM —
i
.... ....... .
........ .....
. ........ ....... . .....
I TTTT7-
JI
142
"elk"
om endo
9U3LV#rCaM COO AMIMS / IM —
i
.... ....... .
........ .....
. ........ ....... . .....
I TTTT7-
A
..................
.................
_______ ______
73
.r
D
;;I;
_
.,
....
i
.,
_.
... ...
•
SNL/SPERRY CSD HEADCUMRERS _ �...wsn....,a.o..w,..—,•u••
C2 �`�� .» ^•-�^ ®OPUS CORP RATION
auwq urim rux pEgE]..g]gw •,=g oew.o�m
y.wMM •—
� P.6 by IM YLvsoly WlL.ppl]lilUM • .IIN.BW�C�r d., Wnl Pro•{sLIL ®A(]t]IW •••• • ]]]EN1agYn iY•. 1tl1•�i1 M16V@I.1.IT1.]Om • ]M N. fimN.r.Plvi.,Kf41]I!�'P�]ml
73
.r
D
SNL/SPERRY CSD HEADCUMRERS _ �...wsn....,a.o..w,..—,•u••
C2 �`�� .» ^•-�^ ®OPUS CORP RATION
auwq urim rux pEgE]..g]gw •,=g oew.o�m
y.wMM •—
� P.6 by IM YLvsoly WlL.ppl]lilUM • .IIN.BW�C�r d., Wnl Pro•{sLIL ®A(]t]IW •••• • ]]]EN1agYn iY•. 1tl1•�i1 M16V@I.1.IT1.]Om • ]M N. fimN.r.Plvi.,Kf41]I!�'P�]ml
•
W.
Agenda Information Memo
November 18, 1986, City 'Council Meeting
Page Thirteen 1.
VARIANCE/LOTS 3 - 5, BLOCK 1, SUN CLIFF ADDITION
A. Variance for a 5' Variance from a 30' Front Yard Setback
for Lots 3, 4, and 5 of Block 1, Sun Cliff Addition --An applica-
tion was presented to the City by Advance Developers, requesting
a 5' front yard setback from the 30' front yard setback require-
ment for Lots 3, 4, and 5 of Block 1. The variance request will
reduce the setback from 30' to 2'5'. For additional information,
refer to the Planning Department report, a copy is enclosed on
pages through 4__
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
5' variance request as presented for Lots 3, 4, and 5 of Block
1, Sun Cliff Addition.
A
CITY OF EAGAN
SUBJECT: Variance
APPLICANT: ;Advance Developers:
LOCATION:.--Lots 3,4,5, Block 1, Sun Cliff 3rd Addition
EXISTING ZONING: P.D. Eagan Hills West
DATE OF PUBLIC REARING: November 18, 1986
DATE OF REPORT: November 13, 1986
REPORTED BY: Planning Department
• APPLICATION SUMMARY:
An application has been submitted by Advance Developers .requestirLg A'
a 5' front yard setback to 25' on Lots 3, 4, 5, of Block 1 in
the Sun Cliff 3rd Addition, All three duplex lots have frontage
on Deer Hills Trail. Northern Natural Gas Company has an easement
along the rear .property line of these lots. By granting this
Variance, the distance from the dwellings to the easement will
be at least 15'. The developer would be receptive to making
lots 1 and/or 2 also have the 251. setback for greater unity if
so desired by the Council.
If approved, this Variance shall be subject- to all applicable
Code requirements.
SUN CLIFF THIRD ADDITION
(SOUTXPOINTE COURTYARD HOMES)
ADDRESS PLAT
ROAD
r_
e , a
3
m
••.. it
DEER
Ms—'
lq
ROAD
r_
e , a
3
m
4er.lrvn 4•brel 4.a C�r••parr,l. Eas•ren\� ..
- e ae ee�ao-e
e.or
% Vw
T L
•7 YK �� .en."r •i•• �I-Nitp
1 Bn• Mons. �• 2 -
Unto
Nuounount
T 1 • � . o-n.a.. w.a.n .u\.
al It•o., 0.n..Y rrnpa..
�'rinYn.J G[auna e].v
—N`�„ aac •cue LF—u..a.. Dlr.<.bn
ee su[t•c• Duln.p. -'
DEER HILL5 TRAIL
Lot % •leek 1. SD" M171' A DITIOn
' [YbY LOYnt]. Illro..ou
•
,Nw,lrrn uou n l.4o C.•n.ar•1 E..#
tto"-. c 4
moi '
= r
ee,ao e
DEER HILL5 TRAIL
YL <..lmk 1. SW CLIVI..ITtM
D•You Cowt, IYru..bu
normo..,
. uiroa... wee....... -
,,otoo a 4i.p. rlror G
IM.I 1 0.roau Fi.i.•
rbdroe mwne u... '
olr.etloe
.uit•e•Dr\In.p.
1SN Mp.
Q
o urea•. sloe
1•en...ne
• uro[•..eoe.e .e.\.�
s`I...... to
p• nmr
I...LII 0.ron. rre...•e
rbl.n.a C...d eL.ee4
Dor
01.. ....sola•
N[4c. D...n.p.
Krtleel "tun - e.G...I
112, .1.
e_
\
Ku
_
- OMip.
L•Cy" 4
e.�ea .. M•.y
e•eoo ao-
DEER
HILLS
Lot S. .look 1. SVx�CL[rr 1WiiiD1
p\ea. C..". 11 —.0
normo..,
. uiroa... wee....... -
,,otoo a 4i.p. rlror G
IM.I 1 0.roau Fi.i.•
rbdroe mwne u... '
olr.etloe
.uit•e•Dr\In.p.
1SN Mp.
Q
o urea•. sloe
1•en...ne
• uro[•..eoe.e .e.\.�
s`I...... to
p• nmr
I...LII 0.ron. rre...•e
rbl.n.a C...d eL.ee4
Dor
01.. ....sola•
N[4c. D...n.p.
Krtleel "tun - e.G...I
112, .1.
Agenda Information Memo
November 18, 1986,.City Council Meeting
Page Fourteen .
VARIANCE FOR LOT 7, BLOCK 3, CEDAR GROVE 3
B. Variance (Walter Larson) for a 7.5" Variance from a 30' Setback
Along Public Street for Lot 7, Block 3, -Cedar Grove 3 --An applica-
tion was submitted by Walter Larson of 2:014 Jade Lane, requesting
a 7.5' front yard variance along Rahn Road. The Larsons are
proposing an 8' x 24' addition which is shown on the plan and
addressed in the report prepared by the Planning Department and
enclosed on pages ;1 through y<0 .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve
7.5' variance for Lot 7, Block 3, Cedar Grove 3.
•
•
FA
or deny the
•
CITY OF EAGAN
SUBJECT: Variance
APPLICANT: Walter Larson
LOCATION: Lot 7, Block 3, Cedar Grove 3rd
EXISTING ZONING: R-1
DATE OF PUBLIC HEARING: November 18, 1986
DATE OF REPORT: October 31, 1986
REPORTED BY: Planning Department
APPLICATION SUMMARY:
An application has been submitted by Walter and Mayme Larson
of 2014 Jade Lane requesting a 7.5' front yard variance along
Rahn Road. The driveway access to this property is from Jade
Lane. The couple purchased the home in 1978 unaware of the 30'
setback requirement along public streets. The proposed' 8' x
24' addition will be 22.5' from ---the right of way line at its
closest point and the lot coverage will remain well within Code
requirements. If Rahn Road is upgraded, additional right-of-way will
be acquired from the east side of Rahn Road.
If approved, this variance shall be subject to all applicable_
ordinances.
t9
•1
�J
:w
Nas .OM
Ana-wb
uh��W vrvv
ary �goomw qui
Ltm
�tl� �a4C
'09 XIOAda 's,op J46511)
2- Hayek
Agenda Information
November 18, 1986,
Page Fifteen
Memo
City Council Meeting
CONDITIONAL USE/UNITED METHODIST CHURCH
C. Conditional Use Permit for a Pylon Sign on Lot 1, Block 1,
for Advent United Methodist Church --A public hearing was held
before the Advisory Planning Commission at their last regular
meeting held on October 28, 1986, to consider a conditional use
permit for a monument type sign over 7' tall to identify the
Advent United Methodist Church on Lexington Avenue. The APC
is recommending approval of the conditional use permit.
For a copy of the Planning Department report, refer to pages
through 51,3 • For a copy of the APC action on this item,
refer to page(s)_i�4,
• ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit for Advent United Methodist Church to
allow a pylon sign.
•
-6,1
11
CITY OF EAGAN
SUBJECT: CONDITIONAL USE
APPLICANT:
ADVENT
UNITED
METHODIST CHURCH
LOCATION:
NE 1/4
SECTION
22
EXISTING ZONING:
DATE OF PUBLIC HEARING:
DATE OF REPORT:
REPORTED.BY:
P. F. (PUBLIC FACILITIES)
OCTOBER 28, 1986
OCTOBER 17, 1986
PLANNING DEPARTMENT
® APPLICATION SUMMARY: An application has been submitted by Advent
United Methodist Church requesting a Conditional Use application
for a monument type sign over 7' tall at the nearly completed
church site along the west side of Lexington Avenue. A
The 25' sign will be made of cedar and have two signage areas
approximately 4' wide. - The message portion will be internally
lighted while the rest of the sign will be spotlighted. The
City Code exempts church signs from the one time permit fee.
One on -property church sign for each church site is permitted.
The Conditional Use is.for the proposed height only.
If approved, this Conditional Use shall be subject to all City
sign ordinances.
ASSESSMENTS: In researching ,our assessment records, we found
• we incorrectly assessed this development, through the development
contract, for trunk area 'water upgrade to commercial/industrial.
It is City policy to, access churches at the residential rate
for trunk area water.. Staff will contact the county to remove
this assessment from the records.
•'� WKSTBURY /ST ADDITIONd�c l'
BENCH MARK TOP OF MANHOLE 887.4 I\ �. ,'d
Aee 6'w -
Aa1 sw 497.0'
IL
rT
1.
IN. Fj'A. 8 2.0
✓ ^._ .I ,mow
Lo
METHoo15r 1 XI2 � -�;
1 do 497.0' ` ApA PTO
- 1 1
� V
p OPE'."
S / '
NORTH
..
MF -S U- ,.
FoARO
' (AB)<, SIGN PROPOSAL
' 5o1X4�c��
\
11
SIM DATA
T'OIe.. &rTa &,CFA • zo9,2oo 3q.FT ♦.KS ACRCS
W=W, A0,97, 7,500 Sq. Ff. .172 Ari s
FA wq oRrvcs • 4-41 60o sq. PT- I.oze A Ks
cezo ASFAA . ISo.sao 64 FT 9.45 .recS
s ear. ("a 'j
PROPOSED.
SIGN LOCATION
E tff F✓pK ecN
V �M{GF lr{ydLIXL� (MH)
be architects, Inc.
lake elmo7 minnesota
Is
APC Minutes
October 28, 1986
Harrison moved, Voracek seconded the motion to continue the application to
the November meeting. There was discussion in regard to the ability of the
Planning Commission to continue the matter on its own initiative, should
further information be necessary at the next meeting. It was the opinion of.
the Commission that the applicant had requested the continuance at this
meeting and the previous meeting, and thus the Commission would still havii 60
days to review the request for rezoning, calling for a continuance,` if
necessary, at the next Planning Commission meeting. Staff and the developer
were specifically directed to address the issue of density of 25 units per
acre and the highrise building, in addition to the need for more commercial
zoning in light of the Comprehensive Guide Amendment process, and City-wide
problems with requests for additional Commercial zoning. In addition, further
information was requested from staff in regard to the Blackhawk Park PUD
Agreement and the maximum density allowed thereunder, and any density swaps
that may have occurred. All voted in favor.
ADVENT UNITED METHODIST CHURCH - CONDITIONAL USE PERMIT
The public hearing in regard to the request of Advent United Methodist
Church for conditional use permit for a sign in excess of 7 feet in height was
then convened by Chairperson McCrea. Mr. Dale Runkle indicated that the
proposed sign met all City ordinance requirements, relative to. signs. There
being no appearance on behalf of the applicant or the public, the public
hearing was closed. Harrison moved, Wilkins seconded the motion to recommend
approval of the conditional use permit for the 25 foot sign made of Cedar with
two signage areas of approximately 4 feet in width, subject to the condition
that the sign meet all City Code requirements, including set back from lot
lines. All voted in favor.
ABF FREIGHT SYSTEMS - CONDITIONAL USE PERMIT
The next public hearing of the evening was convened by Chairperson McCrea
.upon the application of ABF Freight Systems for a conditional use permit for a
pylon sign, 22 feet in height, with two 6 by 8 foot signage areas on Lots 3
through 6, Plainview Addition in the northwest quarter of Section 2. City
Planner Runkle explained that the application was necessary because the sign
exceeded a 7 foot height limitation, and he provided the history of the use of
this parcel of property. He also indicated that the sign was 380 feet from
the nearest pylon sign owned by E -Z Airpark. The developer was present but
made no presentation. There was no one from the public requesting a hearing.
At the Commission's request, Mr. ,Runkle pointed out that the landscape plan
would be completed or a bond submitted for completion of it as a condition to
issuance of the conditional use permit.
, Mr. Colbert addressed the issue of the $49,000.00 in assessments which had
been previously overlooked when improvements were installed for the benefit of
this parcel. The applicant indicated that he had just received this
information and was forwarding it to the owner's Corporate office.
•
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Sixteen
CONDITIONAL USE PERMIT/PYLON SIGN FOR ABF FREIGHT SYSTEM
D. Conditional Use Permit (ABF Freight System) for a Pylon Sign
for a Truck Company on Lots 3 - 6, Plainview Addition --A public
hearing was held before the Advisory Planning Commission at their
last regular meeting held on October 28, 1986 to consider a
conditional use permit application submitted by ABF Freight Systems
for a pylon sign located along Lexington Avenue, north of the
E -Z Airpark facility. The APC is recommending approval of this
application.
For additional information on this item, refer to the Planning
Department report, a copy is enclosed on pages 56 through
Also for a copy of the APC minutes, refer to page(s) a,,-6/. �—
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit as presented by ABF Freight Systems for
a pylon sign.
ss
CITY OF EAGAN
SUBJECT: CONDITIONAL USE
APPLICANT:
ABF
FREIGHT SYSTEMS
LOCATION:
LOTS
3-6 PLAINVIEW ADDITION,
NW 1/4 SECTION.2
EXISTING ZONING: L. I. (LIGHT INDUSTRIAL)
DATE OF PUBLIC HEARING: OCTOBER 28, 1986
DATE OF REPORT: OCTOBER 17, 1986
REPORTED BY: PLANNING DEPARTMENT
• APPLICATION SUMMARY: An -application has been submitted by ABF
Freight Systems requesting a Conditional Use Permit for a pylon
sign located along Lexington Avenue just north of the E -Z Airpark
facility.
The proposed interior lighted, pylon will be 22' tall with a
two sided 6' x .8' (42 sq. ft.) signage area. This sign will
be a minimum 300' from the E. Z. Airpark pylon and 10' within
the property as Code requires.
On December 3, 1985, the City Council _approved a Conditional
Use .for outside storage of vehicles at this location. At that
time a condition required an updated Landscape Plan approved'
by City Staff. A plan was submitted, approved, but not implemented
by the owners.
• ASSESSMENTS: Lots 3, 4, 5, and 6 of the Plainview Subdivision were
assessed the following trunk area assessments:
Project # Description Usage
12 Sanitary Sewer Trunk Commercial
14/179 Water Area Commercial
(1) 302' Storm Sewer Trunk Commercial
The following assessments are proposed as a condition for the
issuance of the conditional use permit:
Description Project # Usage Rate Quantity Amount
Trailway C/I $11.81/FF 485 FF $ 5,727.85
Street C/I 78.45/FF 485 FF 38,048.25
Storm Sewer Trunk (1) 302 C/I $ .075/SF 74,693 SF 5,601.98
(1) To correct the understatement of/areas when Project #302 was assessed.
ABF FREIGHT SYSTEMS - CONDITIONAL USE
PAGE 2 '
CONDITIONS•
1. Implementation of the previously submitted Landscape Plan,
approved on December 3, 1985.
2. The one time Sign Fee of $2.50/square foot.
3. All applicable Sign Ordinances.
4. The applicant shall either pay the assessment amounts or
execute a waiver of hearing to have them spread as special
assessments.
•
•
S?
u
A"IAINj
g6v,ow 1,�,1t6e5
'R�jLK P�Kvwl'�
S" N /O/P&
i
yE• ' D fc/, �f./�
SeG'IIOM
PLANTING DETAIL
Avr TO crsa.E.
12- A@ SA'
9
oMl Alip A+w_Y lb T� -
� OVO(dfliM 11Y`�� '
*79n !Zn I PTIMftYAM - Of AL [Wr OI AM 1 CCYPC I AVnIR
Pit tad Mt
A *''( F
i
0
U
O
I COMMON NAME
BOTANICAL NAME
I SIZE
I TYPE
A
Z
w rwN %VZRlM'm
RrJIWY/ rrxrm vwwd,
1lWAVLIii +ZW,(M'
Z -V
PD
■
Z
w "y NMA
HIP n,&"Vm
%W
co
C
4
WRYiY GWN?RA6
McA/OY1AJU!1/t%Il
4•
IA
o
v
r"m w4ImP
ranan mpwrr4%
u'
1Pf
mwvvi&A lv.tn
PROPOSED A• ON A' NNIN
CHAIN LIN[ FENCE
IALIONMENT M AP OAOIATE]
APC Minutes
October 28, 1986
Harrison moved, Voracek seconded the motion to continue the application to
the November meeting. There was discussion in regard to the ability of the
Planning Commission continue the matter on it own initiative, should
further information be n essary at the next meeting. It was the opinion of
the Commission that the applicant had requested the continuance at this
meeting and the previous m ting, and thus the Co ission would still havi! 60
days to review the request or rezoning, call' g for a continuance,' if
necessary, at the next Plannin Commission mee ing. Staff and the developer
were specifically directed to address the ' sue of density of 25 units per
acre and the highrise building, i -addition t the need for more commercial
zoning in light of the Comprehens yinv
Amendment process, and City—wide
problems with requests for additionial zoning. In addition, further
information was requested from regard to the Blackhawk Park PUD
Agreement and the maximum density areunder, and any density swaps
that may have occurred. All voted
ADVENT UNITED METHODIST CHURCH — CONDITIONAL USE PERMIT
The public hearing in. rega to the reque\subject
ent United Methodist
Church for conditional use per it for a sign in e7 feet in height was
then convened by C/Pern McCrea. Mr. D'e
in
that the
proposed sign met allfinance requirementse to signs. There
being no appearance oof the applicane public, the public
hearing was closed. moved,Wilkins secmotion to recommend
approval of the condie permit for the 25gn made of Cedar with
two signage areas oftely 4 feet in widtct the condition
that the sign meet all City Code requirements, including set back from lot
lines. All voted in favor.
ABF FREIGHT SYSTEMS — CONDITIONAL USE PERMIT
• The next public hearing of the evening was convened by Chairperson McCrea
upon the application of ABF Freight Systems for a conditional use permit for a
pylon sign, 22 feet in height, with two 6 by 8 foot signage areas on Lots 3
through 6, Plainview Addition in the northwest quarter of Section 2. City
Planner Runkle explained that the application was necessary because the sign
exceeded a 7 foot height limitation, and he provided the history of the use of
this parcel of property. He also indicated that the sign was 380 feet from
the nearest pylon sign owned by E—Z Airpark. The developer was present but
made no presentation. There was no one from the public requesting a hearing.
At the Commission's request, Mr. Runkle pointed out that the landscape plan
would be completed or a bond submitted for completion of it as a condition to
issuance of the conditional use permit.
Mr. Colbert addressed the issue of the $49,000.00 in assessments which had
been previously overlooked when improvements were installed for the benefit of
this parcel. The applicant indicated that he had just received this
information and was forwarding it to the owner's Corporate office.
W
04
A
APC ,Minutes
October 28, 1986
Harrison moved, Hall seconded the motion to recommend approval of the
conditional use permit, subject to the following conditions:
1. Implementation of the previously submitted Landscape Plan, approved on
December 3, 1985.
2. There shall be a one-time Sign Fee of $2.50 per square foot.
3. All applicable Sign Ordinances shall be adhered to.
4. The applicant shall either pay the assessment amounts or execute a
Waiver of Hearing to.have them spread as special assessments.
All voted aye.
OPUS CORPORATION - WAIVER OF PLAT
Chairperson McCrea then convened the hearing in regard to the request for
waiver of plat by Opus Corporation, for Lots 6 and 14, Eagandale Center
Industrial Park, and Lot 3, Block 1, Eagandale Center Industrial Park No. 7,
to combine Tract "A" with the parcelsnorth of Tr t "B" for a road in Tract
"C" as a separate parcel located in part of the outhwest quarter of Section
3, east of Pilot Knob Road, off of Eagandale Bl . City Planner. Runkle
introduced the proposal, adv'sing that the c -de-sac had been constructed,
although not deeded over to he City. Due to he need for the cul-de-sac and
existing construction, it had ecome a house- eeping' issue to make sure that
the street would be deeded t the City and that the leftover parcel be
attached to an existing parcel Hall mov d, Harrison seconded the motion to
recommend approval of the waiver f plat subject to all applicable code
provisions and a park dedication a of .02 per square foot. All voted yes.
NORTHWESTERN BELLTygEPHONE - WAIVER OF PLAT
Chairperson McCrea/parcel
conv ed he public hearing in regard to the
application of Northweell elepho a for a waiver of plat to split a .11
acre parcel from Pao. 022-26 or a utility building located in the
northwest quarter of S2 west of D\wa
d, abutting County Road #30.
Mr. Dale. -Runkle adviseommission te exhibit packet was in error
and indicated that cel was somewger in size. He also advised
that the building is unstruction anthe other permits had been
obtained. It appearedhe waiver ot was a house -keeping issue to
allow ownership of tel by Northweell. Mr. Michael Minenko was
present as attorney fohwestern Bell Mr. Robert Dokken. Mr.
Dokken indicated that�the original condise permit was requested in
December of 1985 frgm the Planning Commissd proved by the City Council
in. February of 19 with the recommendatit t parcel size be increased
to allow for setbacks. The waiver of plateede in order to record the
deed. There was no one present to object to the proposal and the public
hearing, was closed. Harrison moved, Wilkins seconded the motion to recommend
approval of the waiver of plat, subject to the condition that adequate
landscaping be provided for all Northwestern Bell substation sites in the City
of Eagan. All voted yea.
W 3
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Seventeen
WAIVER OF PLAT/EAGANDALE CENTER INDUSTRIAL PARK
E. Waiver of Plat (opus Corporation) for Lot 6 and 14, Block
4, Eagandale Center Industrial Park and Lot 3, Block 1, Eagandale
Center Industrial Park No. 7 to Combine. Tract A with the Parcel
to the North --A public hearing was held by the Advisory Planning
Commission at their last regular meeting held on October 28,.
1986, to consider an application submitted by Opus Corporation
requesting a waiver of plat in the Eagandale Center Industrial
Park No. 7. The APC is recommending approval of the .waiver of
plat.
® For additional information and background on this waiver of plat
application, refer to the Planning Department report, a copy
is enclosed on pages &8 through. For a copy of the action
taken by the APC, refer to those minutes found on page (s) G .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
waiver of plat as presented.
•
CITY OF EAGAN
SUBJECT: WAIVER OF PLAT
APPLICANT:
LOCATION:
EXISTING ZONING:
DATE OF PUBLIC HEARING:
DATE OF REPORT:
OPUS CORPORATION
SW's, Section
LOTS 6 & 14 BLOCK 4, LOT 3 BLOCK'l
EAGANDALE CENTER INDUSTRIAL PARK #7
L. I. (LIGHT INDUSTRIAL) & R. D. (RESEARCH
& DEVELOPMENT)
OCTOBER 28, 1986
OCTOBER 20, 1986
REPORTED BY: PLANNING DEPARTMENT
• APPLICATION SUMMARY: An application has been submitted by Opus
Corporation requesting a Waiver of Plat in the Eagandale Center
Industrial Park #7. This site is located east of Burnside Avenue•
and west of Eagandale Boulevard.
The Research & Development portion of the Eagandale Center was
zoned to act as.a buffer between Country Home Heights and the
light industrial business in the a;ea. In an effort to eliminate
traffic on Burnside and Avalon Avenues, Eagandale Court was
constructed to provide access to these R & D lots (Oakview Business
Center Phase II). 'Tract "B", Eagandale Center R. 0. W., will be
dedicated to the City. Tract "A", a small triangular parcel
containing. .14 acres, will be picked up by Elliot Auto, owners
of the lot on the north side of the cul-de-sac. Tract "C",
1.23 acres, will go to the Grainger Company for an office/distri-
bution center.
® If approved, this Waiver of Plat shall be subject to all applicable
Ordinances and a parks dedication fee of .0022/sq. ft.
J
// NEW
o•Eww
SEVE .IN
N
RL ATION
MWEN 0
EaC[.MN
n.c 14
9 , K
u•E 16
..s 17
21ISION V
DIVISION OF
SPERRY
14 4
RAND
3
...E
ee
ia•C
]LC
AMERICAN
�S�J
FRUITSSO
PRODUCE COQ,
.00 Ap
PQM ;
..7
H-.198
¢
=�Rmm
17t:, 11
3
2
"
ia•C
]LC
4 an .c
r_ `r
1.,
V
1 � 1
L`! I
EAGANDALE
COURT
NE CORNER
OF LOT 6 —
-;
i
O
POP m
o,
up
Z
14ORTH LINE OF LOT 14
♦ i 1
�♦ �_�PROPOSED
r ♦ \I �� DESCRIPTI
r
.y 3_ ♦�
ib
t
�y o 1,
y of
0000
V
F_<)Qit<,
w Q
a J
M
W
J _
z --
a
U
W
30
U
N
30
PROPOSED PROPERTY DESCRIPTION
i .`, Those parts of Lots 6 and 14, Block 4, EAGANDALE
CENTER INDUSTRIAL PARK, according to the recorded
Mat thereof, Dakota County, Minnesota, and
Lot 3, Block 1, EAGANDALE CENTER INDUSTRIAL
PARK N0. 7, according to the recorded plat thereof
Dakota County, Minnesota, described as lying
30.00 feet on each side of the following de-
scribed centerline: Commencing at the northeast
SKETCH FOR PROPOSED corner of said Lot 14; thence on an assumed
PROPERTY DESCRIPTION bearing of South 00 degrees 04 minutes 45 second
East, along the east line of said Lot 14,
distance of 30.00 feet to the point of beginning
LOTS 6 AND 149 of the
centerline be described; thence along
89 degrees 55 minutes 15 seconds West, along
a line 30.00 feet southerly of and parallel
BLOCK 4, EAGANDALE north
with the north line of said Lot 14, a distance
of 192.31 feet; thence southwesterly a distance
CENTER INDUSTRIAL of 164.93 feet along a tangential curve concave
in the enol hPact havinn a rani uc of 71(1-00 fPPi
PARK and a central angle of 45 degrees 00 minutes
00 seconds; thence South 44 degrees 55 minutes
15 seconds West, tangent to said curve, a dist-
RECEIVED
ist-
RECEIVED � P j aeo5 ante of 69.58 feet to the northeast corner of
said Lot 6, Block 4, EAGANDALE CENTER INDUSTRIAL
PARK and said centerline there terminating.
Together with those parts of said Lots 6 and
Itia�n�le Land �a�rvcyinE,+
11111111114 and said Lot 3, which lie within the circumfer-
ence of a circle having a radius of 60.00 feet.
The center of said circle is said notheast corner
gp41 E imm-I81�ngron N 554 v I�SwI
Bloomington, MN 55<74 Of Lot o, Block 4, EAGRNDALE CENTER INDUSTRIAL
(00)$91-2455 PARK, -
'-PARALLEL WITH
THE
N. LINE OF LOT
14
PROPERTY
u
o
0
W „
J F
f J
a
W
F_<)Qit<,
w Q
a J
M
W
J _
z --
a
U
W
30
U
N
30
PROPOSED PROPERTY DESCRIPTION
i .`, Those parts of Lots 6 and 14, Block 4, EAGANDALE
CENTER INDUSTRIAL PARK, according to the recorded
Mat thereof, Dakota County, Minnesota, and
Lot 3, Block 1, EAGANDALE CENTER INDUSTRIAL
PARK N0. 7, according to the recorded plat thereof
Dakota County, Minnesota, described as lying
30.00 feet on each side of the following de-
scribed centerline: Commencing at the northeast
SKETCH FOR PROPOSED corner of said Lot 14; thence on an assumed
PROPERTY DESCRIPTION bearing of South 00 degrees 04 minutes 45 second
East, along the east line of said Lot 14,
distance of 30.00 feet to the point of beginning
LOTS 6 AND 149 of the
centerline be described; thence along
89 degrees 55 minutes 15 seconds West, along
a line 30.00 feet southerly of and parallel
BLOCK 4, EAGANDALE north
with the north line of said Lot 14, a distance
of 192.31 feet; thence southwesterly a distance
CENTER INDUSTRIAL of 164.93 feet along a tangential curve concave
in the enol hPact havinn a rani uc of 71(1-00 fPPi
PARK and a central angle of 45 degrees 00 minutes
00 seconds; thence South 44 degrees 55 minutes
15 seconds West, tangent to said curve, a dist-
RECEIVED
ist-
RECEIVED � P j aeo5 ante of 69.58 feet to the northeast corner of
said Lot 6, Block 4, EAGANDALE CENTER INDUSTRIAL
PARK and said centerline there terminating.
Together with those parts of said Lots 6 and
Itia�n�le Land �a�rvcyinE,+
11111111114 and said Lot 3, which lie within the circumfer-
ence of a circle having a radius of 60.00 feet.
The center of said circle is said notheast corner
gp41 E imm-I81�ngron N 554 v I�SwI
Bloomington, MN 55<74 Of Lot o, Block 4, EAGRNDALE CENTER INDUSTRIAL
(00)$91-2455 PARK, -
APC Minutes
October 28, 1986
Harrison moved, Hall secondeU,, the me
conditional use permit, subject to he fold
1. Implementation of the pre,
December 3, 1985.
to recommend approval of the
conditions:
Landscape Plan, approved on
2. There shall be a one-time 'gn Fee o $2.50 per square foot.
3. All applicable Sign Ord' ances shall be her
to.
4. The applicant shal either pay the asses ent amounts or execute a
Waiver of Hearing to have hem spread as special asses ents.
All voted aye.
OPUS CORPORATION - WAIVER OF PLAT
Chairperson McCrea then convened the hearing in regard to the request for
waiver of plat by Opus Corporation for Lots 6 and 14, Eagandale Center
Industrial Park, and Lot 3, Block 1, Eagandale Center Industrial Park No. 7,
to combine Tract "A" with the parcels north of Tract "B" for a road in Tract
"C" as a separate parcel located in part of the southwest quarter of Section
3, east of, Pilot Knob Road, off of Eagandale Blvd. City Planner Runkle
introduced the proposal, advising that the cul-de-sac had been constructed,
although not deeded over to the City. Due to the need for the cul-de-sac and
existing construction, it had become a house -keeping issue to make sure that
the street would be deeded to the City and that the leftover parcel be
attached to an existing parcel. Hall moved„ Harrison seconded the motion to
recommend approval of the waiver of plat, subject to all applicable code
provisions and a park dedication fee of $.02 per square foot. All voted yes.
NORTHWESTERN BELL TELEPHONE - WAIVER OF PLAT
Chairperson McCrea then convene
application of Northwestern Bell Tel
acre parcel from Parcel 022
northwest quarter of Section 2 wes
Mr. Dale Runkle advised the Co is
s
and indicated that the parcel as
that the building is under constru
obtained. It appeared that the wai
allow ownership of the parcel by N
present as attorney for Northwestern
Dokken indicated that the original
December of 1985 from the Planning C
in. February of 1986 with the reco
to allow for setbacks. The waive o
deed. There was no onepresen t
hearing was closed. Harrison owed
approval of the waiver of p at, s
landscaping be provided for 11 Nort
of Eagan. All voted yea.
d the public hearing in regard to the
ephone for a w iver of plat to split a .11
-26 for a ut' ity building located in the
t of Dodd R d, abutting County Road #30.
ion that he exhibit packet was in error
somewha larger in size. He also advised
ion and all the other permits had been
er o plat was a house -keeping issue to
o h stern Bell. Mr. Michael Minenko was
Be as was Mr. Robert Dokken. Mr.
n 'tional use permit was requested in
missr. n and approved by the City Council
endation that the parcel size be increased
f plat wa needed in order to record the
o object o the proposal and the public
Wilkins sec nded the motion to recommend
ubject to th condition that adequate
hwestern Bell substation sites in the City
G`{
3
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Eighteen
WAIVER OF PLAT/NORTHWESTER BELL TELEPHONE
F. Waiver of Plat (Northwestern Bell Telephone) to Split a .11
Acre Parcel from Parcel #022-26 for a. -.,Utility Building --A public
hearing was held by .the Advisory Planning Commission at their
last regular meeting held on October 28, 1986, to consider a
waiver of plat application to split a .11 acre parcel from the
Calvary Memorial Church for a utility building. location west
of Dodd Road on Diffley. The APC is recommending approval of
this application.
For additional information on the item, refer to the Planning
Department report found on page_, Z. For a copy of the APC
action, refer to those minutes found on page " .
ACTION TO BE CONSIDERED ON THIS ITEM- To approve or deny the
waiver of plat to split a .11 acre parcel for a utility building
as requested by Northwestern Bell Telephone.
•
SUBJECT:
APPLICANT:
LOCATION:
EXISTING ZONING:
DATE OF PUBLIC HEARING:
DATE OF REPORT:
REPORTED BY:
CITY OF EAGAN
WAIVER OF PLAT
NORTHWESTERN BELL
NW 1/4 SECTION 25
PLANNED DEVELOPMENT
OCTOBER 28, 1986
OCTOBER 17, 1986
PLANNING
® APPLICATION SUMMARY': On.February 18, 1986, Northwestern Bell
was granted a Conditional Use for a utility building on the NW
portion of the Calvary Memorial Church property fronting on Co.
Road 30 just west of Dodd Road. At that time is was staff's under-
standing that the 60' x 80' site '(.11 acres) would be leased from
the church and therefore, the Waiver of Plat would not be neces-
sary. Northwestern Bell is in the ,process of purchasing the site.
As a result_ separate legal descriptions are required by both the
City and County. The building is "under construction and all Code
requirements have been met for this Waiver of Plat.
® AID i; HIGHWAY:
x $0
60.
IR
V 04' _
1
0cc
2S5
R -
A
.. ..
..
:.0
C)
a.
..
... ...
3
A
APC.Minutes
October 28, 1986
Harrison moved, Hall seconded the motion to recommend approval of the
conditional use permit, subject to the following conditions:
1. Implementation of the previously submitted Landscape Plan, approved on
December 3, 1985.
2. There shall be a one-time Sign Fee of $2.50 per square foot.
3. All applicable Sign Ordinances shall be adhered to.
4. The applicant shall either pay the assessment amounts or execute a
Waiver of Hearing to have them spread as special assessments.
All voted aye.
Chairperson McCrea then convened the public hearing in regard to the
application of Northwestern Bell Telephone for a waiver of plat to split a .11
acre parcel from Parcel No. 022-26 for a utility building located in the,
northwest quarter of Section 25, west of Dodd Road, abutting County Road #30.
Mr. Dale Runkle advised the Commission that the exhibit packet was in error
and indicated that the parcel was somewhat larger in size. He also advised
that the building is under construction and all the other permits had been
obtained. It appeared that the waiver of plat was a house -keeping issue to
allow ownership of the parcel by Northwestern Bell. Mr. Michael Minenko was
present as attorney for Northwestern Bell as was Mr. Robert Dokken. Mr.
Dokken indicated that the original conditional use permit was requested in
December of 1985 from the Planning Commission and approved by the City Council
in. February of 1986 with the recommendation that the parcel size be increased
to allow for setbacks. The waiver of plat was needed in order to record the
deed. There was no one present to object to the proposal and the public
hearing was closed. Harrison moved, Wilkins seconded the motion to recommend
approval of the waiver of plat, subject to the condition that adequate
landscaping be provided for all Northwestern Bell substation sites in the City
of Eagan. All voted yea. 6 0
3
OPUS CORPORATION - WAIVER OF PLAT
•
Chairperson McCrea then convened the hearing in regard to the request for
waiver of
plat by Opus Corporation for Lots 6 and 14, Eagandale Center
A
Industrial
Park, and Lot 3, Block 1, Eagandale Center Industrial Park No. 7,
to combine
Tract "A" with the parcels north of Tract "B" for a road in Tract
"C" as a
separate parcel located in part of the southwest quarter of Section
3, east of
Pilot Knob Road, off of Eagandale Blvd. City Planner Runkle
introduced
the proposal, advising that the cul-de-sac had been constructed, .
although
not deeded over to the City. Due to the need for the cul-de-sac and
existing construction,
it had become a house -keeping issue to make sure that
the street
would be deeded to the City and that the leftover parcel be
attached
to an existing parcel. Hall moved, Harrison seconded the motion to
recommend
approval of the waiver of plat, subject to all applicable code
provisions
and a park dedication fee of $.02 per square foot. All voted yes.
NORTHWESTERN BELL TELEPHONE - WAIVER OF PLAT
•
Chairperson McCrea then convened the public hearing in regard to the
application of Northwestern Bell Telephone for a waiver of plat to split a .11
acre parcel from Parcel No. 022-26 for a utility building located in the,
northwest quarter of Section 25, west of Dodd Road, abutting County Road #30.
Mr. Dale Runkle advised the Commission that the exhibit packet was in error
and indicated that the parcel was somewhat larger in size. He also advised
that the building is under construction and all the other permits had been
obtained. It appeared that the waiver of plat was a house -keeping issue to
allow ownership of the parcel by Northwestern Bell. Mr. Michael Minenko was
present as attorney for Northwestern Bell as was Mr. Robert Dokken. Mr.
Dokken indicated that the original conditional use permit was requested in
December of 1985 from the Planning Commission and approved by the City Council
in. February of 1986 with the recommendation that the parcel size be increased
to allow for setbacks. The waiver of plat was needed in order to record the
deed. There was no one present to object to the proposal and the public
hearing was closed. Harrison moved, Wilkins seconded the motion to recommend
approval of the waiver of plat, subject to the condition that adequate
landscaping be provided for all Northwestern Bell substation sites in the City
of Eagan. All voted yea. 6 0
3
Agenda Information
November 18, 1986,
Page Nineteen
Memo
City Council Meeting
REZONING FROM R-1 TO PF FOR THE LIVING WORD LUTHERAN CHURCH
G. Rezoning (Living Word Lutheran Church) from R-1 to PF for
a Church in the Former Peace Reform Church Building --A public hear-
ing was held by the Advisory Planning :Commission at their last
regular meeting to consider an application submitted by Living
WordLuthern Church, requesting a rezoning of 10 R-1 lots to
a PF (public facilities) church site in the vacant Peace Reform
Church along Nicols Road. The APC is recommending approval.
For additional information on this item, refer to the Planning
Department report, -a copy is enclosed on pages I through
• For a copy of the APC action on this item, refe. to those mi,utes
found on page(s)--77-i .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
rezoning for the Living Word Lutheran Church from an R-1 to a
Public Facility status.
Special Note. Enclosed on pages , through is an update on
this item from the City Planner.
\J
CITY OF EAGAN
SUBJECT: REZONING (PUBLIC FACILITY)
APPLICANT: LIVING WORD LUTHERAN CHURCH
LOCATION: LOTS 12-16, 20-24, BLOCK C, CEDAR GROVE
#4, NE 1/4 SECTION.30
EXISTING ZONING: R-1 (SINGLE FAMILY)
DATE OF PUBLIC HEARING:
OCTOBER
28,
1986
DATE OF REPORT:
OCTOBER
7,
1986
REPORTED BY: PLANNING DEPARTMENT
APPLICATION SUMMARY: An application has been submitted by Living
Word.. Lutheran Church requesting a Rezoning of 10 R-1 lots to
a P. F. (Public Facilities) church site in the vacant Peace. Reformed
Church along Nicols Road.
On April 15, 1986, Living World was granted a one year Special
Permit to hold church services in the remodeled Jerry Lewis
Theater at the Cedarvale Shopping _Center. On -Belay of Minnesota,
a drug dependency center for adolescents, was denied a rezoning
to L. B. (Limited Business) and Conditional Use Permit for that
use in the vacant church in May 1986. At that time, there was
strong opposition to any proposed change other than that of
the original church use. Since the Comprehensive Guide Plan
designates this area as a church site, no Amendment will be
necessary.
•If approved, this Rezoning shall be subject to all applicable
Ordinances.
ASSESSMENTS: City assessment records indicate -that this development
is still responsible for trunk area storm sewer assessments, at
the commercial/industrial rate of 7.'5�/square foot. This amounts
to'an obligation of $7,071 (94,284/S.F. @ $0.075)..
CONDITIONS: This development is responsible for its trunk area
storm sewer assessment at the rates in effect at the time .of
rezoning approval.
76
MINEW-6
A-,:4
I/
I
R-1
0
APC Minutes
October 28, 1986
LIVING WORD LUTHERAN CHURCH - REZONING
The next public hearing was in regard to, the application for the Living
Word Lutheran Church for rezoning -from R-1 Single Family to PF (Public
Facility) for a church in the former Peace Reformed Church building, located
on Lots 12, 13, 14, 15, 16, 20, 21, 22, and 24, Block 6, Cedar Grove 6th
Addition, in part of the northeast quarter of Section 30, abutting Nicola Road
on the west and Diamond Drive on the east. City Planner Runkle introduced the
application providing a history of the parcel previously occupied 'by Peace
Reformed Church. It was noted that previously On -Belay had requested rezoning
for use as a chemical dependency treatment center. The applicant was now
requesting, as a buyer, that it be rezoned for Public Facilities so that it
might be assured that the parcel could continue to be used as a church. Ray
Engstrom appeared on behalf of the applicant and indicated the desire to have
the church properly zoned to insure that the applicant could continue to use
the site for a church. He also indicated that the applicant was aware of the
proposed assessments to which it had no objection, and agreed that the area
would be used only for a church. Discussion centered around how the
surrounding neighbors, who did appear and expressed their concerns., could be
assured that the parcel would be used only for a church.
Harrison moved, Voracek seconded the motion to recommend approval, of the
rezoning, subject to the condition that the development will be responsible
for its trunk area storm sewer assessments at the rates in effect at the time
of the rezoning approval'.. All voted in favor except McCrea and Trygg who
voted nay.
Member Bohne indicated that he had not had an opportunity to address the
Commission prior to the vote, and requested reconsideration of the motion and
vote. His concern was that the church building and parking lot were presently
located on several different residential lots which should be combined into
one single lot for the church. A condition of the plat or waiver of plat
would be that the parcel be used as a church facility. Members Harrison and
Voracek agreed to reconsider the motion or amend their motion if possible.
Bohne moved, Harrison then seconded the motion to recommend approval of
the rezoning, subject to the applicant taking the proper action to combine the
several residential lots into one single lot, pursuant to staff
recommendations, and that a condition of the revision would be that the new
parcel be used as a church facility. All voted in favor..
MANOR LAKE ADDITION - PRELIMINARY PLAT 6 REZONING
The next public hearing convened by Chairperson McCrea was in regard to
the application of Molinaro S Associates for preliminary plat for 56 single
family lots on approximately 43 acres and rezoning from A (Agricultural) to
R-1 (Single Family) and NB (Neighborhood Business), located in part of the
northeast quarter of Section 36, southwest quadrant of Highway #3 and Cliff
Road. City Planner Runkle introduced the proposal, indicating the staff's
concern in regard to the street layout which apparently the applicant had
7r .
4
MEMO TO. THOMAS L HEDGES, CITY ADMINISTRATOR
FROM. DALE C RUNKLE, CITY PLANNER
DATE. NOVEMBER 14, 1986
SUBJECT: REZONING OF PEACE REFORMED CHURCH
Since the Advisory Planning Commission..mee•ting, the City staff has
met with the applicants of the Living Word Lutheran Church to review
some of the issues of the Advisory Planning Commission. It was
suggested that the applicants look into combining the six lots into
one individual tax parcel. Living Word Lutheran Church has
contacted the County and requested this to be done. Therefore, if
the tax parcel is split, it will have to be reviewed and approved by
the City of Eagan.
The second issue discussed was in regard to the use of the property
as a church and the uses which were allowed in a Public Facility
district. The church intends to use this facility for church
related ministries only and has indicated that any future use other
than for a church related facility would require City Council
reviewal.
Hopefully, the intent of the church to work with the City and
surrounding neighborhood would be a positive step in the process of
securing zoning for the property.
If any other questions arise, please contact me.
bor
City Planner
DCR/jj
73
2
City of Eagan
3830 Pilot Knob Road
P.O. Box 21199
Eagan, Minnesota 55121
Att: Dale C. Runkle
City Planner
Gentlemen:
in compliance with the two suggestions which were made at the Planning
Commission Public Hearing on October 28, 1986. we submit the following:
1. Combine the 10 individual lots into one parcel -
• We contacted the Dakota County Auditor's office and have
made this change.
2. Use of this property in the future -
We intend to use this property and facility for church re-
lated ministries only and will continue to do so in the
future.
If, in the future there would be any change in the use of
this facility for other than church related ministries we
would come back to the City Council for review.
Yours truly,
®—
. �-77
e�F I
Ray Eng rom
Living Ord Lutheran Church
711
PAULH.HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
DEBRA E. SCHMIDT
Mr. Dale Runkle
Eagan City Planner
3830 Pilot Knob Road
Eagan, MN 55121
HAUGE, EIDE & KELLER, P. A.
ATTORNEYS AT LAW
WATER VIEW OFFICE TOWER. SUITE 303
1200 YANKEE DOODLE ROAD
EAGAN. MINNESOTA 55123
November 6, 1986
RE: Peace Reformed Church Site / Art Johnson
Dear Mr. Runkle:
AREA CODE 612
TELEPHONE 456-9000
454-4224
We have been advised that two issues have arisen in regard to having more than
one parcel included under I.D. number for real estate tax purposes.
Peace Reformed Church. The first matter involves the Planning Commission's
determination in regard to the Peace Reformed Church site for which a rezoning
application was made on behalf of the proposed new owner for use as a church
site. Concern was expressed at the Planning Commission meeting as to limiting
the use of the property for church purposes only, once rezoned to Public
Facilities from the existing zoning of R-1. It was pointed out that the
church presently sits on several single family residential lots. It was
proposed that these lots somehow be combined and as a condition thereto, the
owner agreedthat'the site would only be used for a church.
It is our understanding that the City approved a Resolution requiring City
Council approval of any attempts to split parcels, either in regard to
recording or with the auditor's office at the County level.
If this method of combining tax parcels under one tax parcel number will
prevent future splitting as suggested by the other circumstances described in
this letter, then we would recommend that the City enter into an agreement
with the buyer of the site that the parcel will be combined under one tax
parcel number, with the understanding that it will be used only for church
purposes.
Art Johnson — Lot Split. It has come to our attention that Mr. Art Johnson
has approached the City in regard to his being unable to split the real estate
tax statement for two parcels which have separate descriptions within the City
of Eagan. Apparently, the Resolution approved by the City Council described
above, has caused the County Auditor to refuse to divide the tax statement for
the two halves of a duplex lot for which there are separate descriptions in
the County Recorder's office. yS
•
Mr. Dale Runkle
November 6, 1986
Page 2
We would -recommend that the City Council make a motion approving the splitting
of the tax statement pursuant to Mr. Johnson's request.
Sincerely yours,
HAUG , IDE & KELLER, P.A.
• David G. Keller
DGK:ras
A
16
Agenda Information
November 18, 1986,
Page Twenty
Memo
City Council Meeting
A. Public Improvement Contracts
Item 1. Contract 8'6-25, Consider- Award/Cancellation of Contract
(Bur Oak Hills 1st Addition) --Oh October 17, the City received
the bids for the installation of streets and utilities for the
Bur Oak Hills 1st Addition for formal consideration by Council
action on October 21. In response to the developer's request
to expedite this project,, the City proceeded with the advertisement
for bids while the final plat requirements were being processed
with the public hearing also being scheduled for October 21.
• However, the developer has failed to comply with the following
items that are necessary before the City could proceed with the
award of contract:
1. Execution and return of the development contract agreement.
2. Submission of reouired Financial Guarantee.
3. Revisions to detailed plans and specifications to conform
to City approved standards.
Subsequently, at the October 21 Council meeting, the public hearing
was held and the project was approved which would have allowed
the Council to consider final plat approval and contract award.
However, because the developer could not comply with the final
® plat application requirements, it was not approved as originally
scheduled and subsequently, Contract 86-25 .could not be awarded
and was continued.
On October 28, Mr. Ken Briggs was contacted, informing him of
the requirements that must be fulfilled before the November 6th
meeting to avoid the risk of the City's cancellation of the
contract. No further response has been received by staff to
date.
Therefore, based on the limitation of the guarantee of bids from
the contractor, November 18 is the last date that the Council
can consider the award of the contract. Without the final plat
application being completed. It is staff's recommendation that
the Council reject all bids and cancel Contract 86-25 (Bur Oak
Hills 1st Addition).
ACTION TO BE CONSIDERED ON THIS ITEM: Reject all bids and cancel
Contract 8'6-25 (Bur Oak Hills lst Addition).
71
A
Agenda Information
November 18, 1986,
Page Twenty -One
Memo
City Council Meeting
A. Public Improvement Contracts (cont'd.)
Item 2. Contract 86-27, Receive Bids/Award Contract (Wilderness
Ponds and Blueberry 'Circle) --At 10:30 'A.M. on Monday, November
17, the City ,staff will receive bids for the installation of
the trunk storm sewer to the Wilderness Ponds Addition and also
the storm sewer outlet for the back yard areas on Blueberry Circle.
Enclosed on pages 49a letter that staff sent to the affected
is
parties of the Blueberry Circle project (No. 481) informing them•
of this action. As of this date, the staff has only received
two signed agreements regarding the cost participation in this
project. At the November 18 meeting, the Public Works Director
will provide an update ,of the status of the agreement regarding
cost participation on this project for Council's consideration
in contract award. Enclosed on page ?L is a letter informing
the property owners of this pending action.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for
Contract 86-27 (Wilderness Ponds and Blueberry Circle - Storm
Sewer) and awardthe contract to the lowest responsible bidder.
If
•
A
.;;
$9370 PILOT KNOB ROAD.. P.O. BOX 21199
EAGAN. MINNESOTA 55121
PHONE: (612)454.8100
October 23, 1986
Re: Project 481, Blueberry Circle Storm Sewer
Dear Mr. Hofstad:
BEA BLOMBUIST
Mayr
THOMAS EGAN
.. .WMES A SMITH
_ VIC EUISON
THEODORE WACHTER
Conry Mw ba
THOMAS HEDGES
CR, Adntl sftww
EUGENE VAN OVERBEKE
Ory Cork
At the City Council meeting of October 21, the Council closed the
public hearing and approved the installation of a storm sewer
system necessary to handle the existing backyarddrainage problem
affecting Lots 14, 15 and 16 of. Block 7, Hilltop Estates.
However, this approval was contingent upon you and several other
parties agreeing to share in the cost of this system. Basically,
the $18,000 estimated cost was proposed to be split three ways:
$6,000.00 to be shared between the current property owners of the
Affected lots; $6,000.00 to be shared between the builders of the
affected lots and the developer; and the final $6,000.00 to be
the responsibility of the City of Eagan. Because of the need for
timely construction of this storm sewer, the City has begun
detail design for inclusion in the next City Contract and hopes
to get construction completed yet this fall and ready for, next
spring's runoff. However, this contract will not be awarded
until all parties have signed the attached agreement and returned
it to my attention.
I realize that none of us feel any responsibility or benefit in
the amount of the financial contribution being requested.
However, I think we all recognize that a problem does exist and
that it must be resolved. If it is not resolved through this
suggested compromise, it has the potential of ending up in
litigation, affecting all of us. If that occurs, there would be
no winners and each of us would have spent a significant amount
defending our own positions.
79
THE LONE OAK TREE... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
A
Project 481, Storm Sewer
October 23, 1986
Page Two
Hopefully, we will all recognize that the benefits of working
together cooperatively will solve the problem more quickly and
ultimately at less cost, to all of us individually and
collectively.
In order to initiate this project as quickly as possible, I'm
asking that each of you execute the attached agreement form and
return it to my attention no later than November 10, 1986.
Remember everyone must agree. Your anticipated understanding,
cooperation and prompt response by the requested date will be
appreciated.
Sincer ly,
�
Thomas A. Colbert
Director of Public Works
cc: Paul Hauge, City Attorney
Attachment
TAC/jeh
0
•
of ea
3830 PILOT KNOB ROAD, P.O. BOX 21199
BEA BLOMQUIST
EAGAN. MINNESOTA 55121 -
M
PHONE: (612) 454-8100
THOMAS EGAN
JAMES A SMITH
-
VC ELLISON
November 12, 1986
THEODORE WACHTER
Co 11 Members
- -
THOMAS HEDGES
City mininaoioi
EUGENE VAN OVERBEKE
Re: Project 481, Blueberry Circle Storm Sewer
°ryC�
As you all are aware, I have been trying to coordinate a mutually
acceptable resolution to the storm sewer problem that has been
discussed at public hearings held on October 7 .and October 21.
By now, all of you should have received the agreement that was
requested to be signed and returned by November 10 providing
for the financing necessary for the City to proceed with this
project.
At the November 6 Council meeting, the Council reviewed a modifica-
tion to the concept design plan to try and reduce the cost to
all parties concerned. The City is presently soliciting bids
for this work and will be considering whether to proceed at
the Council meeting of November 18.
If, at the November 18 meeting, all involved parties have not
agreed to the proposed project, the Council has indicated that
they will reject the bids and delete the project for construction
and leave the resolution of the problem to those concerned parties.
Therefore, I would encourage you to .try and attend the meeting
of November 18 at approximately 8:30 P.M.
Sincerely,
Thomas A. Colbert, P.E.
Director of Public Works
TAC/jj
9l
THE LONE OAK TREE ... THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Twenty -Two
item 3. Contract 86-2, Approve Supplemental Agreement No. 2
(Nicola Road) --During the progression of this improvement to
Nicols Road, the Soils and Materials Division of the Minnesota
Department of Transportation ran a special test on the subsoils
along this segment and determined that additional bituminous
surfacing will be required to meet state aid standards. The
result of this additional bituminous results in an increase of
$47,63+5.50 to the contract. However, these costs are
reimbursable from the state aid fund due to the fact that it is a
requirement of state aid standards. (Note: the supplemental
agreement is the same as a change order but required by state aid
standards.)
ACTION TO BE CONSIDERED ON THIS ITEM: To approve Supplemental
Agreement No. 2 for Contract 86-2 (Nicols'Road) in the additional
'• amount of $47,635.50.
A
Item 4. Contract 85-11, Final Payment/Acceptance (Windtree 4rd
Addition) --We have received a, request for final payment from our
consultant engineer along with verification of compliance with
City approved plans and specifications for the installation of
streets and utilities to service the Windtree 4rd Addition and
the bituminous trailway along Lexington Avenue for the Westbury
3rd Addition. All final inspections have been performed, and
verified by representatives of the Public Works Depattment 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 8th and
final payment to Contract 85-11 (Windtree 4th Addition) in the
® amount of $15,257.28 to M. Danner Trucking, Inc. and accept the
improvements for perpetual City maintenance.
Item 5. Contract 85-22, Final Payment/Acceptance (Robins
Addition/Lone Oak - Utilities) --We have received a request for
final payment through our consultant engineer along with a
certification of compliance to City approved plans and
specifications for the installation of sanitary sewer and water
to service the Robins Addition and the trunk water main along TH
149 to service the Lone Oak Addition. All final inspections have
been performed and verified by representatives 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 7th and
final pay request for Contract 85-22 (Robins Addition/Lone Oak -
Utilities) in the amount of $34,689.2'9 to M. Danner Trucking,.
Inc. and accept the improvements for perpetual City maintenance,.
ONE
Agenda Information Memo
November 18, 1986, City Council Meeting
Page Twenty -Three
BLACKHAWK PARK/LAND ACQUISITION
B. Blackhawk Park Land Acquisition --The City has been contacted
by Mr. Ed Dunn,, representing the Blackhawk Park Planned Unit
Development., suggesting that the City consider purchases of certain
parcels that would expand the Blackhawk Park for City park purposes.
The Parks and Recreation Commission has reviewed several sale
options and is recommending a .list of priority acquisitions to
the City Council for consideration. Those considerations are
as follows: 1) Kathy Waldron parcel 2) the shoreline parcels
of 8 and 3 acres respectively 3) the first two acre parcels
represented in gray 4) the two remaining parcels in gray, were
discussed as being desirable,, however, the Commission felt a
diminishing return with the acquistion of these two parcels.
For a color coordinated description of these parcels, refer to
a report prepared by the Director of Parks and Recreation enclosed
on pages through Any acquisition authorized by the
City Counci would be paid for from the Park Site Fund. Park
and Recreation Director Vraa will be present at the meeting to
answer any questions.
ACTION TO BE, CONSIDERED ON THIS ITEM: To approve or deny the
acquisition of additional parcels to expand the Blackhawk Park/City
Park land area.
4
MEMO TO: THE HONORABLE MAYOR, AND CITY COUNCIL
TOM HEDGES, CITY ADMINISTRATOR
YFROM: KEN VRAA, DIRECTOR OF PARKS AND RECREATION
DATE: NOVEMBER 10, 1986
HE: BLACKHAWK PARK — LAND ACQUISTION
BACKGROUND
• The City had previously tried to acquire add-itional parkland under a
LAWCON/LCMR Grant from Mr. Ed Dunn, for Blackhawk Park. As you will recall, 4
Mr. Dunn is already responsible for a parkland dedication around Blackhawk
Park Lake as part of his PUD agreement.
Mr. Dunn has recently approached the Advisory Parks and Recreation Commission
indicating a willingness to again sell additional property, for inclusion as
part of Blackhawk Park. He has approached the City at this time, apparently
because a prospective buyer is very interested in all of Mr. Dunn's holdings.
He desires to give the City one last opportunity to purchase this additional
land, if it still has a continuing interest. The Advisory Parks and
Recreation Commission discussed this at it's Commission meeting in October and
set a special meeting to consider this issue. On October 6th, the Commission
again spent nearly two hours in walking the area considered for
acquisiton/addition to Blackhawk Park. Although, Mr. Dunn was offering the
• entire fifty (50) acre parcel, the Advisory Commission concluded that this, is
well beyond the financial capabilities of the City.. However, the Adviory
Commission is making a recommendation for acquisition of additional land by
priority. Also included in this acquisition discussion is the parcel owned
by Kathy Waldron, on the north side of the lake. This particular parcel has
been identified as a high priority,, dating back to 1982 in the Parks System
Study as an inclusion into Blackhawk Park. This would allow for a continuous
trail around the majority of the lake and a bridge crossing over the narrows.
On the attachment, the Waldron Parcel is identified by the color green. That
which you see in yellow, approximately fourteen (14) acres, is the parks
dedication due the City as part of Blackhawk Park PUD. Identified in red is
eight (8) additional acres, which represents a distance of approximately 250
feet from the shoreline. The blue represents three (3) additional acres and
represents a line 300 feet from the shoreline. The parcels that are grey
in color represent acquisitions, of two (2) acre intervals.
FA
COMMISSION DISCUSSION
The Advisory Commission discussed a number of issues which have a bearing on
the acquisition process. Most notably was the road access issue from the
south to Blackhawk Park. City Council members will recall this planning
issue as a result of the Blackhawk Acres development/Peter.Stalland, several
months ago. The Commission also was concerned about the type of residential
development that might be proposed by Mr. Dunn within the area offered for
parks. After considerable discussion concerning all of these facets,
the Commission made a recommendation to acquire additional park property.
This is consistent with the previous LAWCON/LCMR Grant Application for land
acquisition.
COMMISSION'S RECOMMENDATION
The Advisory Commission has recommended, in order of priority, that the City •
Council seek to acquire the following land:
A
1. The parcel from Kathy Waldron (as represented in green).
2. The shoreline parcels of 8 and 3 acres respectively (as shown in red and
blue)
3. The first two, two (2) acre parcels represented in grey.
4. The two (2) remaining parcels in grey, were discussed as being desirable,
however, the Commission felt a diminishing return with the acquisition of.
these two parcels.
ESTIMATED COSTS
Several months ago, on the advise of a realtor, Kathy Waldron was asking
$20,000 per acre. However, within the last month she has dropped this asking
price to $10,000 per acre, plus remaining assessment costs. There is •
approximately eight (8) acres in this parcel, some of which is under Blackhawk
Lake. Staff will be recommending an initial offer of $45,000 plus $8,719.59
in remaining special assessments.
Mr. Dunn has offered his property at $22,000 an acre. -Therefore, the eight
(8) and three (3) acre additions would cost $242,000, and each of the two (2)
acre additions for $44,000 or a total of $88,000. In total, the acquisition
of the Waldren parcel, and the four parcels from Mr. Dunn total approximately
$385,000.
to
M
The Advisory Commission is recommending that these parcels be purchased from
the Park Site Fund.
I will be at your City Council meeting to elaborate on each of the parcels and
the Commission's recommendations concerning these acquisitions.
Respectfulllyy•submitted,
Ken Vraa, Director of Parks and Recreation
KV/bls
Attachment: Blackhawk Site
•
•
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: NOVEMBER 13, 1986
SUBJECT: INFORMATIVE MEMO
PERSONNEL COMMITTEE UPDATE
The Personnel Committee met Wednesday, November 12, 1986 at noon
and received an update on the status of how other communities
are handling the implementation of comparable worth results.
There is also a review and recommendation regarding the point
value of Administrative Assistants with the Personnel Committee
suggesting that a final point determination be made by the City
Council as a whole. The point range is to be considered between
90 and 95 which falls between the benchmark results for
Administrative Assistant and Assistant City Manager. There was
also a prospective time line for implementation reviewed by the
Committee with the suggestion that the City Council meet and
make every effort to adopt a pay plan and begin implementation
soon after January 1, 1987. The Personnel Committee has evaluated
several pay plans and has concluded that the City Council must
establish a midpoint and budget appropriation for adoption of
the pay plan. More details will be presented and discussed at
an upcoming workshop session with the City Council.
BUILD THE CHILDREN A HOME PROJECT
The City of Eagan has been selected as a site by the Children's
Home Society of Minnesota to construct a home within 72 hours
that would become a Guiness Book world record. This construction
•and event is to be timed with the kick off of the fall parade
of homes. The Children's Home Society of Minnesota is looking
for recognition and awareness and it feels this program will
provide both. For more specific details, refer to a memo prepared
by Dou Reid, Assistant Chief Building Official, enclosed on
pages iQ through
HOUSING AND POPULATION TOTALS
Enclosed on page is a current housing and population calcula-
tion for Eagan t rough September 1986. The total housing units
are 14,793 while population is projected at 40,866. The City
assumes a 5% vacancy due to construction completion on many of
the projects and therefore the population is realistically 38,823
as of this past September.
AMM LEGISLATIVE POLICY
Enclosed on pages 3 through 9� is a copy of the AMM
Legislative Policy Adoption meeting that was attended by Director
of Finance Vanoverbeke and Steve Schwanke of the Planning
Department. Gene has provided a review of the action that was
taken by the AMM at their meeting of November 6.
8�
CITY LAWSUIT UPDATE
Enclosed on pagesthrough QVis a recent update on lawsuits
pending for the Cit o Eagan.
PROPOSED DRUG TESTING FOR CITY EMPLOYEES
At a recent City Council meeting, City Councilmember Wachter
asked for a legal opinion on whether the City could impose drug
testing for City employees. Enclosed on pages W through /OZi
is a legal analysis from the City Attorney's office addressing
this issue. The National League of Cities is reviewing drug testing
as it relates to its entities all over the country and apparently
is working on a program that will consider the implementation
of drug testing programs for the public sector. The City will
certainly monitor their findings and keep the City Council abreast
of any programs that become valid in the near future.
DEVELOPERS TASK FORCE UPDATE
The Developers Task Force has reviewed the temporary advertising •
sign reader board and will be proposing a recommendation to the
City Council in December. They are currently reviewing criteria
for street widths which will be discussed at their December meeting.
It is hopeful that the remainder of the agenda items that were
authorized in May of 1986 -will be addressed and they will fulfill
their ad hoc objectives by the. time the Committee sunsets at
the end of March 1987.
O'NEIL V. CITY OF EAGAN
Enclosed on pages through /D % is a memo updating the City
Council on the current developments regarding the O'Neil v. City
of Eagan lawsuit.
PROTECTIVE INSPECTIONS MONTHLY REPORT
Enclosed on pages/Og-M is a copy of the Protective Inspections
monthly report.
LMC POLICY AND PRIORITY ADOPTION
Mayor Blomquist and the City Administrator will attend the Legis-
lative Policy and Adoption meeting on Thursday, November 20,
1986 at the Sheraton Midway in St. Paul. The meeting will last
until approximately 9:00 a.m. until 11:30. Enclosed is a copy
of the proposed legislative policies that will be considered
by the LMC. Please review the Priority A and to a lesser extent
the Priority B and if you have any boncerns, comments, or recommen-
ded changes we should further discuss at the meeting on Tuesday.
/s/ Thomas L. Hedges
City Administrator
MEMO TO: TOM HEDGES, CITY
FROM: DOUG REID, ASST. CHIEF BUILDING OFFICIAL
DATE: NOVEMBER 12, 1986
RE: "BUILD THE CHILDREN A HOME" UPDATE
MEETING OF NOVEMBER 5, 1986
The "Build The Children A Home" project is designed to bring awareness and
help to the Childrens' Home Society of Minnesota. The mission of the
Childrens' Home Society is designed to: 1) provide quality human services to
children and families, enabling them to realize their own potential and help
to improve their own well-being. 2) establish, restore and preserve positive
relationships among parents and children. 3) to facilitate educational and
social growth of children and families.
® This project is to begin in the Spring of 1987 with the Home and Garden Show
promoting a new home to be given away to some lucky winner. This home is to
be built in Eagan; all labor and materials to be donated. The lot will be A
donated by the Sienna Corporation during one of their developments next summer
therefore, the exact location is unknown at this time.
Utilities and the foundation are to be installed prior to September 10, 1987.
On that same date at approximately 12:00 noon, construction of this new home
will be under way and hopefully within 72 hours (September 13, 1987 at approx.
12:00 noon), this new home will be completed in its entirety creating a new
Guinnes Book world record, kicking off the Fall Parade of Homes.
This home is to be a three bedroom rambler with a two car garage valued at
$120,000-$150,000. It is to be site built and will be displayed in the Parade
Of Homes during the period of September 13 through September 27, 1987. This
home will draw the national news network and hopefully, past President of the
• United States, Jimmy Carter, and Minnesota Governor, Rudy Perpich.
In mid-June, the Dairy Queen Restaurants will provide bumper stickers and
entry blanks for registration. They will have a booth at the State Fair at
the WCCO radio stand. WCCO will be using air time to promote this world
record built home to be given away in Eagan. They will hold drawings wherein
the person whose name is drawn will have 8 minutes and 30 seconds to call in
and, win a key. 30 keys will be given away and on September 27, 1987 all key
winners will be present to try their key in the lock. If their key opens the
front door, the home is.theirs free and clear!
At our meeting, we advised that the City of Eagan will make all necessary
inspections. The promoters will provide us with a list of when our inspectors
will be needed for required inspections. Some problems we reviewed were with
the number of people nationally and locally visiting this home during and
after completion. Traffic could be a problem; depending on the location we
offered, they might want to use the Eagan Fire Department Rescue personnel in
shifts. Some other concerns I have regard building and utilities fees,
liability of roads that are not completed, etc.
1?0
This project is off and running and a lot of materials are already donated.
Attached is the Childrens' Home Society roster, "Build The Children A Home",
and information on the "Childrens' Home Society of Minnesota."
I will be happy to discuss this exciting project with you at your leisure. I
feel this project will give the City local and national identity.
DR/js
Encl.
/ /
•
A
HOUSING INVENTORY TOTALS
SF Dup
thru 8/85 6,406 408
9/85 to 9/86 1,085 52.
TOTALS 7,491 460
populations
0
Quad
mult
Totals
1,756
3,816
12,386
264
1,006
2,407
2,020
4,822
14,793
1985 SF
21,396.04
Dup
1,154.64
Quad
4,120.80
Mult
7,822.80
34,494.28
1886 SF 3,623.90
Dup 147.16
Quad' 538.56
Mult2,062.30
6,371.92
1985 34,494.28
1986 6,371.92
40,866.20 t 40,866
e?7�-
MEMO TO: CITY ADMINISTRATOR HEDGES
FROM: FINANCE DIRECTOR/CITY CLERK VANOVERBEKE
DATE: NOVEMBER 12, 1986
4i111Wv MWWri7#well&JWNW►WFlo)01ty'i10Iel*1bco]kELI0DokNe',
The AMM legislative program was adopted at the November 6, 1986,
meeting as presented with the following exceptions:
I. Municipal Revenue and Taxation
Policy I -G Fiscal Disparities was not passed and was instead
referred back to the Revenue Committee for further study.
The point of discussion, as previously noted, centered around
the contribution ratio which had been proposed to be reduced
to 25% over 5 years. Current gainers, which outnumber
losers, favor the continued rapid expansion of the pot.
There was also limited discussion, promoted by Edina, to ask
for constant funding of LGA as opposed to the policy asking
for an increase. Needless to say, the idea was not popular
and the policy was adopted as presented.
II. General Legislation
Policy A-5 Meet and Confer did not receive a 2/3 vote and
consequently is not included. It was felt that this policy
only highlighted something that is already permissible and
could become mandatory if tampered with.
III. Housing In the Metropolitan Area
All policies passed without discussion.
IV. Metropolitan Area Issues and Concerns
Policy IV -I Metropolitan Infrastructure Fund was proposed to
be put back in by Bloomington but the motion failed; conse-
quently, it is not part of the final package. This policy
was eliminated earlier by the AMM Board.
Policy IV -K Uniform Rate Structure for the MWCC again had
been deleted by the AMM Board and was sucessfully re-entered.
However, it was clarified in that AMM supports uniform
service charges but takes no position on SAC charges.
Policy IV -0-9 Compensation and Incentives for Host Commun-
ities was amended to insert the phrase "or affected adjacent"
after host in the fourth line of the policy. This was based
on the, potential impact of landfills on these adjacent
communiies.
�3
STAFF MEMO
NOVEMBER 12, 1986
PAGE TWO
Policy IV. -P Combined Sewers -Separation was discussed but
remains the policy as presented. St. Paul was seeking
additional State support because of the President's veto of
the Clean Water Act',: It was felt` by the majority that the
policy as presented adequately covered the matter.
V. Transportation
Policy V -P Metropolitan Highway Fund was amended to read
"Based upon the uncertainty of funding source., fair admini-
stration, and possible loss of state funds, the AMM opposes
creation of a metropolitan highway fund." This change was
intended to emphasize that AMM is not necessarily opposed to
the concept but wants these uncertainties addressed first.
•
Please let me know if you have questions on any of these policy
changes or anything else related to the meeting. The meeting was !�
well attended with approximately 42 cities being represented by
over 100 participants.
�A �)
FinanW Director City Clerk
cc: Steve Schwanke, Planning Department
EJV/kf
/�1
Thomas Hedges
Eagan City Administrator
3830 Pilot Knob Road
Eagan, MN 55121
RE: City Lawsuit Update
Dear Tom:
AREA CODE 612
TELEPHONE 456-9000
454-4224
It has been some months since we prepared an update for the City Council
covering outstanding assessment appeals and objections and pending lawsuits
regarding the City.
A. PENDING OR THREATENED LITIGATION.
1. Caponi vs. City of Eagan, et al. In late summer of 1986, the Minnesota
Court of Appeals reversed District Court Judge Breunig's ruling regarding
damages in the action brought by Tony Caponi regarding the pond on the
south side of Diffley Road, and the Council authorized an appeal ,to the
Minnesota Supreme Court. In order to effect an appeal, it is necessary
that the Court authorize the appeal. The Minnesota Supreme Court on
approximately November 5, 1986 denied the City's appeal. We will then
make a motion before Judge Breunig to determine the liability of the City
under the Appellate Court's ruling concerning damages and attorney's fees.
2. Thomas Ocel vs. City of Eagan. The $500,000.00 claim for alleged water
damage is being handled by Home Insurance Company and to my knowledge, has
not as yet been settled.
3. Sanchez vs. City of Eagan, Blue Cross/Blue Shield, et al. This action was
brought in July of 1984 claiming injury during a soccer game on a Blue
Cross soccer. field. Home Insurance did, quite reluctantly, agree to
assume the defense of the action, and I am happy to report that the City
has been dismissed out of the action according to an Order for Summary
Judgment dated August 27, 1986.
4. Lapinsky vs. City of Eagan. Two actions were begun in April of 1985
claiming in excess of $50,000.00 each, as a result of an accident in
February 1984 involving a City of Eagan fire truck and an automobile
driven by the Lipinskys. Home Insurance is defending the action and I
have no update at the present time.
9�
A
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
November 10, 1986
Thomas Hedges
Eagan City Administrator
3830 Pilot Knob Road
Eagan, MN 55121
RE: City Lawsuit Update
Dear Tom:
AREA CODE 612
TELEPHONE 456-9000
454-4224
It has been some months since we prepared an update for the City Council
covering outstanding assessment appeals and objections and pending lawsuits
regarding the City.
A. PENDING OR THREATENED LITIGATION.
1. Caponi vs. City of Eagan, et al. In late summer of 1986, the Minnesota
Court of Appeals reversed District Court Judge Breunig's ruling regarding
damages in the action brought by Tony Caponi regarding the pond on the
south side of Diffley Road, and the Council authorized an appeal ,to the
Minnesota Supreme Court. In order to effect an appeal, it is necessary
that the Court authorize the appeal. The Minnesota Supreme Court on
approximately November 5, 1986 denied the City's appeal. We will then
make a motion before Judge Breunig to determine the liability of the City
under the Appellate Court's ruling concerning damages and attorney's fees.
2. Thomas Ocel vs. City of Eagan. The $500,000.00 claim for alleged water
damage is being handled by Home Insurance Company and to my knowledge, has
not as yet been settled.
3. Sanchez vs. City of Eagan, Blue Cross/Blue Shield, et al. This action was
brought in July of 1984 claiming injury during a soccer game on a Blue
Cross soccer. field. Home Insurance did, quite reluctantly, agree to
assume the defense of the action, and I am happy to report that the City
has been dismissed out of the action according to an Order for Summary
Judgment dated August 27, 1986.
4. Lapinsky vs. City of Eagan. Two actions were begun in April of 1985
claiming in excess of $50,000.00 each, as a result of an accident in
February 1984 involving a City of Eagan fire truck and an automobile
driven by the Lipinskys. Home Insurance is defending the action and I
have no update at the present time.
9�
A
Mr. Thomas Hedges
November 4, 1986
Page 2
4. City of Eagan vs. Charles Bolstrum. This condemnation action commenced in
August of 1985 was tentatively settled, but then renewed by the Bolstrums.
The City offered approximately $7,200.00 in settlement, which was
originally accepted and then turned down. The case is scheduled for jury
trial on December 17, 1986.
5. City of Eagan vs. Robert O'Neil. This condemnation action started on
August 20, 1985 for utility and two ponding easements was heard by the
Court-appointed.Commissioners in August of 1985. The Commissioner's award
has now been appealed to the Dakota County District Court.
6. Robert O'.Neil vs. City of Eagan. After lying dormant for quite a few
months, the Plaintiff has now -changed attorneys and intends to prosecute
the action in a fairly diligent fashion. The damage request of $8.7
million has now been withdrawn and the objective is to obtain a
Declaratory Judgment to force the City Council to rezone the O'Neil
property. The City intends to submit the case on the record to date which
could.mean a decision in the fairly near future.
7. Deerwood Drive - Project #455 - Condemnation Actions. In April of 1986,
the City commenced condemnation against the owners of 8 parcels of
property west of Pilot Knob Road on Deerwood Drive for road right-of-way
easements. They have generally all been settled on the basis of the
City's appraisal, with the exception of the Patrick McCarthy property at
the southwest corner of the intersection, which hearing have been delayed
by the McCarthy's attorney on several occasions. Also, we are waiting for
the Commissioner's award concerning the Bryant property.
8. Tom Thumb Food Markets vs. City of Eagan. This action was brought in July
of 1986 for a Writ of Mandamus to compel the City to issue permits to
allow the installation of gasoline pumps at the. two Tom Thumb stores in
Yankee Square and at Cedar Cliff. Meetings have been held with the
attorney for the Plaintiff, at which times we attempted to persuade him
that there is very little merit in their claim and have requested that the
action be dismissed. There has been no specific progress to date, but Tom
Thumb has scheduled a deposition of Dale Runkle.
9. Holland Lake - Storm Sewer Easement Acquisition. The City started
condemnation proceedings against six parcels on the north side of Cliff
Road, under the Holland Lake storm sewer project. Negotiations have been
continuing to acquire all of the easements and it is expected that
settlement will be reached with the exception of Martin and Marie
DesLauriers where there has not been a great deal of progress. In the
other cases, an attempt is being made to settle on the basis of the
standard easement acquisition offer, and in addition, a reduction in the
assessments based upon large -lot allowance.
a
Mr. Thomas Hedges
November 4, 1986
Page 3
10. United Parcel Service vs. Donn Kirchgatter. This condemnation action was
authorized in early September covering a small amount of easement along
Becker Road or County Road #63A. Attempts'at settlement have not been
fruitful in that we have not been able to get cooperation from UPS. Mr.
Kirchgatter seems willing to settle the action but has made a very high
demand which will be paid for by UPS.
11. Good Value Homes vs. City of Eagan. We expect to be served with a Summons
and Complaint during the week of November 10 by Good Value Homes,
requesting an Order requiring the City Council to approve the preliminary
plat of Johnny Cake Ridge 5th Addition, which is Outlot B of Johnny Cake ®.
Ridge 4th Addition. The City Council acted to deny the application at its
September 16, 1986 meeting :and reaffirmed that action at its November 6
meeting. -
12. Lembke vs. City of Eagan. This action was brought in September of 1985
for damages and an injunction against the City. The case has now been
settled with certain changes to the Lembke property to fulfill the City's
conditional use requirements.
13. Garloch vs. City of Eagan. Extensive discovery has taken place concerning
that action regarding claimed abuse by a'police officer. Settlement
demand is extreme, although we do not have the exact figures. I think the
City would have a good chance on liability issues but possible damages are
very high. The Minnesota Insurance Guarantee Fund is putting some
pressure on us to leave defense solely -to Home Insurance.
14. Peter J. Patchin 6 Associates vs. Federal Land Company, City of Eagan, et •
al. The City was named a Defendant in an action brought by Peter Patchin
who was hired by Federal Land Company as one of its appraisers regarding
the Robert O'Neil condemnation action. The amount was about $5,500.00 and
the City has now been dismissed from the action.
15. Meadowlark Ridge Homeowners Association vs. Eagan, Christenson, Bonestroo,
Stalland, et al. This claim for damages .stems from alleged faulty
construction of 'townhomes in 1972. The City has now been successfully
dismissed as a Defendant.
B. ASSESSMENT APPEALS.
1. Borchert Ingersoll — Project #281. The claim of Borchert Ingersoll for
excessive assessments under storm sewer project #281 has now been settled,
with a reduction of $18,500.00 from a total assessment of $108,000.00.
97
Mr. Thomas Hedges
November 4, 1986
Page 4
2. Darold Holden vs. City of Eagan. The City has received a favorable result
in Minnesota Appeals Court, in effect, reinstating the assessments to the
total amount of about $27,000.00.
3. Y D Associates - Assessment Appeal - Yankee Doodle Road 5 Coachman Road,.
The two appeals covering street assessments for Coachman Road brought by
Y D Associates have been settled after a District Court trial. The
assessments were reduced slightly because of the small triangular parcel
at the corner which received little benefit. from the improvements.
4. Robert O'Neil - Storm Sewer Assessment - Project #443. Objections were
submitted by the O'Neils regarding the storm sewer assessments and it is
expected that the appraisal will be completed within the next few weeks
for rehearing before the City Council.
a
5. Patrick McCarthy - Project #404. The trunk water main assessments along
Lexington Avenue have been objected to and the appraisal has not as yet
been received.
6. Miscellaneous. There are a number of other miscellaneous objections that
have been filed, including the following:
a. Harry Lemieux and daughter. There has been no appeal of the
objections.
b. Slater's Acres - Miscellaneous objections and the Council held a new
hearing on November 6, 1986.
•
C. Ellerbe Associates - Highway #13 - Project 1428. An objection was
filed and an attempt is being made to settle the objection.
Very truly yours,
RAU , EIDE 6 KELLER,'P.A.
i
au�P 1 H. Hauge
PHR:ras
HAUGE, EIDE & KELLER, P. A.
ATTORNEYS AT LAW
WATER VIEW OFFICE TOWER. SUITE 303
1200 YANKEE DOODLE ROAD
PAULH.HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
DEBRA E. SCHMIDT
Mr. Thomas Hedges
Eagan City Administrator
3830 Pilot Knob Road
Eagan, MN 55121
EAGAN. MINNESOTA 55123
AREA CODE 612
TELEPHONE 456-9000
454-4224
October 29, 1986
RE: Proposed Drug Testing for City Employees
Dear Tom:
QUESTION
May the City of Eagan institute a mandatory drug testing/urinalysis program
for its City employees? If so, what limitations must the City place on its
policy, and what would be the recommended procedures?
•
A
1. It is recommended that the City, at this time, not proceed with any kind
of across-the-board urine testing for City employees. Idon't think there •
is any question that a blanket policy is going to be challenged and held
unconstitutional without carefully drawn procedures.
2. Any drug testing program that is implemented should be geared toward
future employees and then only if those employees are offered jobs. Drug
testing as a screening process in all likelihood would be held an
unreasonable search and seizure.
3. Any drug testing that is done should be done through a reputable
laboratory which employs follow-up verification testing routinely, and
that has a capacity to carefully handle samples to prevent chain -of -
custody problems.
4. A requirement for drug testing upon reasonable suspicion of an
individuals' use or abuse of legal or illegal drugs may be implemented
with careful criteria as to who makes the decision to ask for a test,
adequate documentation of the process and reasonable notice to employees.
This may have to be bargained as part of a union contract.
Mr. Thomas Hedges
October 29, 1986
Page 2
LEGAL ANALYSIS .
There essentially is no statutory authority either in State law, Federal .law,
or City Ordinance, allowing or requiring screening for drug abuse through
urine testing. The issue then becomes one of analyzing what has been done by
other cities and municipalities, and how the Courts have reacted. Since the
proposed testing would be required by the City, as compared to a private
employer,. State action would be involved. The issue then becomes mainly one
of Fourth Amendment rights with a peripheral issue of invasion of privacy.
Since. the Fourth Amendment question seems to determine what the City can do,
invasion of privacy will not be discussed.
It appears that every case that has gone to the Federal Court concerning urine 4
testing of City employees has held that there must be individualized suspicion
of drug abuse, based upon specific facts, which may not amount to the
traditional probable cause requirement, but which certainly must be
reasonable. In Division 241 Amalgamated Transit Union (AFL-CIO) vs. Suscy,
538 F 2d 1264 (1976), the bus drivers union challenged the transit authority's
requirement that bus drivers submit to blood or urine tests following their
involvement in a serious accident, or when they were suspected of being
intoxicated or under the influence. This case involved the Chicago Transit
Authority and the Court upheld the requirement, stating that there was a
substantial interest which the State had in the confidence of its bus drivers
and protection of the public safety which would allow mandatory blood or urine
testing after an accident or upon individual suspicion of drug abuse.
• However, the Court did emphasize that there had to be individualized suspicion
and the Court held that the procedures and safeguards employed were reasonable
under the circumstances.
A 1985 case out of the 8th Circuit, McDonell vs. Hunter, 612 F.Supp. 1122 (DC
Iowa 1985), involved the Department of Corrections of the State of Iowa,
requiring urine tests on request without a showing of any individualized
suspicion -and no safeguard as to who makes the decision to require the test
and the procedures to be followed.. The United States District Court, in that
case, held that there was a reasonable and legitimate expectation of privacy
in personal information contained in body fluids, and thus, governmental
taking, of a urine specimen is a seizure within the meaning of the Fourth
Amendment. They stated that under the circumstances, the seizures were
unconstitutional and could not be required.
One of the problems the Court had with the Department's policy was that the
Department policy did not identify who had the authority to require an
employee to submit to a search, or to provide a bloodor urine sample, nor did
the policy articulate any standards for its implementation. The Court
concluded that the Fourth Amendment allowed the Department of Corrections to
demand of an employee, a urine, blood or breath specimen for chemical
M
Mr. Thomas Hedges
October 29, 1986
Page 3
analysis only on the basis of a reasonable suspicion, based on specific
objective facts and reasonable inferences drawn from those facts in the light
of experience, that the employee has been under the influence of alcoholic
beverages or controlled substances. The Court further stated that the Fourth.
Amendment would not preclude taking a'body fluid specimen as part of the pre-
employment physical examination, or as, part of any routineper-iodic physical
examination that may be required of employees, nor would the Fourth Amendment
prohibit taking a specimen of blood, urine, or breath, on a periodic basis as
a condition of continued employment under a disciplinary disposition if -such •
condition is reasonably related to the underlying basis for the disciplinary
action, and the duration of the condition is specified and is reasonable in
length.
4
In the McDonell case, the Department of Corrections required that some of its
employees sign a waiver as a condition of employment essentially consenting to
urine testing upon demand. The Court stated there was no indication that this
consent was voluntary and therefore, could not constitute a blanket waiver of
all Fourth Amendment rights. The Court stated that public employees cannot be
bound by unreasonable conditions of employment, and that advance consent to
future unreasonable searches is an unreasonable condition of employment.
In Turner vs. Fraternal Order of Police, a 1985 case out of the District of
Columbia Court of Appeals, the Court stated that the City may, consistent with
the Fourth Amendment, compel police officers suspected of drug use, to submit
to urinalysis testing. However, they stated that "suspected" must be •
construed as requiring a reasonable, objective basis for medical investigation
through urinalysis. This basis may be short of traditional probable cause,
but nevertheless reasonably sufficient to warrant some medical investigation.
Finally, in Capua vs. City of Plainfield, a September of 1986 case, the United
States District Court in New Jersey. stated that the City's urinalysis testing
of all firefighters without individualized suspicion of drug usage based upon
specific facts, constituted an unreasonable search and seizure prohibited by
the Fourth Amendment.
I spoke with Jack Sjoholm of the Legal Department at NSP in Minneapolis. They
apparently have instituted a drug screening program, but are very careful with
the way they implement it. It apparently is only used for prospective
employees and they are given advance notice that if they are offered a job,
they will be required to give a sample of their urine for drug testing. No
testing is required unless the prospective employee is actually offered job.
NSP uses a medical lab in the twin cities to do all of their testing, to
reduce chances of losing samples or mixing up samples. If an initial screen
showed an illicit drug, there is always a follow-up test performed which is
much more specific to verify the existence of the illicit drug. There is'the
/e/
Mr. Thomas Hedges
October 29, 1986
Page 4
danger of "false positive" for many things that do not involve illegal drug
usage.. The testing process is expensive. A prospective employee is also
asked to list all prescription and non-prescription drugs they are taking when
they submit a sample. If the test does come back after the second
verification, the employee is then given the chance to explain what they may
be using. NSP is a private employer and therefore, their main issue would
have to deal with invasion of privacy and possibly defamation. The Fourth
Amendment would not apply to them specifically.
40 There is very little settled case law'in the United States on this issue,
especially in Minnesota. It is certain that there will be many challenges as
Cities and private employers attempt to set up testing programa.
DES:ras
•
/a v
Very truly yours,
HAUGE, EIDE & KELLER, P.A.
Debra E. Schmidt
M E M O R A N D U M
TO: Paul H. Hauge
FROM: Christopher J. Dietzen"Y b
DATE: November 5, 1986
RE: O'Neil v. City of Eagan
Our File No.: 13,839-00
Paul:
The purpose of this memo is to update the City Council with respect
to the status of the above -captioned litigation. •
As you know, the O'Neils have retained the services of Gerald Duffy
of Petersen, Tews 5 Squires,• Saint Paul, to represent them in connection
with this matter. Mr. Harold Sheff will only be nominally involved in
the litigation. Mr. Duffy called and asked me if I would agree to an
amendment to the Complaint. During this first conversation with Mr. Duffy
I indicated that he should send me a copy of the Amended Complaint so that
I could ascertain what he had in mind. Thereafter, the Amended Complaint
was sent to me which reflected that the O'Neils were dropping their
second, third and fourth causes of action that related to their claims
for damages of $8.7 million and other matters.. Based upon my conversat s
with Mayor Bea Blomquist and Councilmember Tom Egan, and City Attorney
Paul Hauge, and City Administrator Tom Hedges, we agreed to the amendment
of the Complaint. Accordingly, the only issue remaining in the case is
whether.the City had a rational basis for its denial of the application.
for 'PD and rezoning by the O'Neils at the hearing in July 1985.
During my initial phone call with Mr. Duffy, I indicated that I did
not know what action the City Council would take with respect to the
comprehensive guide process but that the possibilities were that they
would either rezone the property or not rezone the property. Mr. Duffy
and I agreed that if the property was rezoned that the O'Neils would drop
their claims and no further litigation would proceed. I further indicated
/d3
Page 2
that if the O'Neil property was not rezoned that we should include that
as part of this litigation to avoid piecemeal litigation. Mr. Duffy v
indicated he would have to consider that. Accordingly, I sent him a
letter outlining my thoughts which is attached as Exhibit "A".
Thereafter, Mr. Duffy sent me a letter dated October 30, 1986,
enclosing notices of deposition of Mayor Bea,Blomquist, Councilmember
Tom Egan and other City officials. In his letter, Mr. Duffy takes the
position that we are not entitled to take the depositions of Messrs.
O'Neil and Klein but that he is entitled to take the depositions of City
officials. Finally, Mr. Duffy discusses the comp guide process and his
views with respect to that matter. He does misquote me with respect to
the implication that the City has already decided the issue.
4
On November 3, 1986, I called Mr. Duffy to discuss his letter. Mr.
Duffy returned the phone call on November 4, 1986. During the phone
conversation,, he informed me that he did not intend to call Messrs. O'Neil.
and Klein as witnesses in the proceeding and, therefore, no depositions
should be taken of them. I told Mr. Duffy that my client was interested
in taking their depositions especially if they were to be called as
witnesses in this proceeding. He indicated he would send me a letter con-
firming that they would not be called as witnesses.
• With respect to the depositions of City officials, I. informed Mr.
Duffy that we were not available for depositions this week due to a trial
conflict. Moreover,. I informed Mr. Duffy that it was our position that
the Plaintiffs' could not take the depositions of City officials for two
reasons. Firstly, the review was limited to the record and, therefore,
no depositions were appropriate. Secondly, the thought processes of
decision makers was not discoverable under Minnesota law. I informed Mr.
Duffy that if necessary we would bring a motion for a protective order
and I then discussed the timing of such a motion and agreed that he would
not reschedule the depositions, until the motion for protective order was
heard. Additionally, I informed Mr. Duffy that we would be filing an
affidavit certifying to the record of the proceeding before the Planning
. Page 3
Commission and City Council. I informed Mr. Duffy that we would be
bringing a motion for summary judgment that the City had a rational
basis for denying the rezoning and, therefore, the decision should be
affirmed.
Finally, I reminded Mr. Duffy that I had not discussed with the City
Council what their intentions were with respect to their review of the
O'Neil property and the comprehensive guide plan review process. I told
him I did not know what the City Council was going to do.. I reminded him
of our telephone conversation that if the City Council rezoned the
property that the lawsuit would become moot. Therefore, the only issue
of concern was what should be done if the property was not rezoned in
the comprehensive guide plan review process. I reminded him of my conce*
about piecemeal litigation. Mr. Duffy agreed to my recollection of the q
conversation.
It is my recommendation that we serve and file a motion for protective
order preventing Plaintiffs from taking the depositions of City officials
in this matter. It should be our position that the court review of this
matter is limited to the record that was before the.City Council; other-
wise, the court would be usurping the legislative function of the City
Council in this proceeding. Under the doctrine of separation of powers,
the City Council is acting as the legislative branch in reviewing the
zoning of this property. Accordingly, its opinion should be entitled to
great weight and should not.be overturned unless there is no rational
basis for supporting the decision. Finally, I think we should seriously .V
consider whether it is necessary for us to take the depositions of
witnesses in this proceeding in light of the narrow issue that is before
the court. Obviously, if it is helpful to our case to take the depo-
sitions of O'Neil and Klein, then we should do so. Conversely, if it
will do nothing to advance the case, then perhaps we should reconsider
whether we should take their depositions. I believe this issue will require
further discussion.
As I indicated, I am in the process of preparing a research memo
/D5
Page 4
that will outline the law on this case, specifically, as it relates to
the standard of review for the denial of a rezoning application, what
evidence is relevant at the hearing, and whether decision makers should
be deposed in the proceeding. As soon as that memo is completed, I
will forward it to Mr. Hauge.
bh
D
144
L.\LIt IN, IIOFF IAV, DALY 8,'
ATTORNEYS AT LAW
1500 NORTHWESTERN FINANCIAL CENTER 2000 PIPER JAPFRAT TOWER
TBOO XERXES AVENUE SOUTH 222 SOUTH NINTH STREET
BLOOMINGTON. MINNESOTA 55.31 MINNEAPOLIS, MINNESOTA SS402
TELEPHONE 16121835-3800 TELEPHONE, 16121338-6610
TCLEEOPIER 16121 835-5102 TELECOPIER16121338.1002
CHRISTOPHER J. DIETZEN
October 29, 1986
Mr. Gerald S. Duffy
Petersen, Tews & Squires
Attornevs at Law
600 Norwest Center
55 East Fifth Street
Saint Paul, Minnesota 55101-1775
Re: O'Neil v. City of Eagan
Our File No.: 9815-02
Dear Mr. Duffy:
REPLY TO BLOOMINGTON
Pursuant to our telephone conversation, I have discussed the proposed
amendment to the Complaint with my client find the amendments acceptable.
Therefore, I am enclosing a stipulation to amend. You may serve the
Second Amended Complaint on me by mail and I will have it answered in'•'
due course.
With respect to discovery, it is my understanding that you intend to
take the depositions of certain individuals of the City in the near
future. In reviewing the file, it .appears that we noted the depositions
of Messrs. O'Neil and Kline and requested that they bring with them
certain documents to the deposition. Accordingly, it is our position
that prior -to taking any depositions of the City witnesses that we are
entitled to take the depositions of Messrs. Kline and O'Neil. I trust
that is acceptable to you.
Finallv,,in our telephone conversation, I mentioned to you that the City
was going through a comprehensive guide review process which included
the O'Neil parcel. It is my understanding that this process will be
completed sometime the first of the year. It is the City's position that
the comp guide review process should be included in the pending litigation
Since
Christopher .)- Dietzen,
LARKIN, HOFFMAN, DALY &
bh
cc: Paul H. Hauap,
for 107
LINDGREN, Ltd.
L;ehibit A
w
PROTECTIVE INSPECTIONS MONTHLY REPORT - OCTOBER 1986
NUMBER OF PERMITS ISSUED THIS MONTH YEAR-TO-DATE
Building
127
1,425
Electrical
Plumbing
208
143
1,554
1,184
HVAC
135
1,290
Water Softener
Signs
53
257
Well, Cesspool, Septic Tank
0
1
NATURE OF BUILDING PERMITS ISSUED
0
M!
TYPE NO. VALUATION PERMIT FEE . PLAN REV FEE TOTAL FEES
12
FOUNDATION
6
$
$ 90.00
$
$ 90.00
819
.SINGLE FAMILY
70
5,929,000
26,805.00
13,408.50
154,087.-50
30
DUPLEX
2
110,000
596.00
298.00
4,118.00
211
TOWNHOUSE
10
1,116,800
4,473.00
2,236.50
38,197.50
10
CONDO
1
'778,000
2,128.00
1,064.00
25,389.00
1
APT BLDGS
0
-----
-----
----
---
0
AGRICULTURAL
0
21
COMMERCIAL
3
2,307,000
6,231.00
3,115.50
100,782.00
76
COMM/IND REMODEL
12
352,850
_2,029.00
783.50
3,040.50
7
COMM/IND ADDITION
2
437,800
1,316.00
632.75'
9,639.75
0
INDUSTRIAL
0
0
INSTITUTIONAL
.0
11
PUBLIC FACILITIES
1
160,000
588.00
291.50
4,443.50
31
RES. GARAGES
4
22,400
226.00
---
238.00
25
_ RES. ADDITIONS
4
73,700
521.50
220.50
779.00
21'
SWIM POOL
2
18,000
149.00
--
158.00
147
MISCELLANEOUS
10
24,575
310.00
46.25
370.75
1
DEMOLISH
0
----
----
---
----
2
HOUSE MOVES
0
---
----
----
-
TOTALS
127
11,330,125
45,462.50
22,097.00
341,333.50
1,425
YEAR-TO-DATE 140,182,856
551,615.50
268,,937.95
3,555,480;.45
M!
PROTECTIVE INSPECTIONS — MONTHLY REPORT
DATE OCTOBER 1986
MULTI—FAMILY BREAKDOWN
TYPE
0 OF
PERMITS
# OF
BUILDINGS
# OF
UNITS
YTD #
UNITS
VALUATION
PERMIT FEES
SURCHARGE
PLAN REVIEW
FEES
TOTAL FEES
DUPLEX
2
1
2
30
$ 110,000
$ 596.00
$ 55.00
$ 298.00
$ 4,118.00
3—PLEX
0
4—PLEX
8
2
8
168
482,800
2,522.00
243.00
1,261.00
_161702.00
5—PLEX -
5
6—PLEX
2
2
12
30
634,000
1,951.00
317.00
975.50
21,495.50
1 7—PLEX
7
�8—PLEX
152
10—PLEX
20
12:-PLEX
48
16—PLEX
1
1
16
32
778,000
2,128.00
389.00
1,064.00
25,389.00
OTHER'`
APT -.c BLDG
144
TOTAL'-'
13
6
38
636
2,004,800
7,197.00
1,004.00
3,598.50
67,704.50
TOTALS
I�tt°•('a
. _, 2.13.,t
PROTECTIVE INSPECTIONS - MONTHLY REPORT
DATE OCTOBER 1986
COMMERCIAL/INDUSTRIAL &
BLDG
PERMIT
STATE
PLAN REV
PERMIT I
ADDRESS & LEGAL
OWNER
VALUATION
FEE
SURCHARGE
FEES
TOTAL FEES
OCCUP.
12821
4150 PILOT KNOB RD
BEAUTIFUL SAV.
L 1 B 1 BEAUT SAV CHUB
$ 160,000
$ 588.00
$ 80.0
$ 291.50
$ 4,443.5
P.F. NEW
12711
1075 BUTWIN RD
DAK. CTY PARKS
22,000
152.50
11.0
76.25
1,104.7
COMM NEW
12733
2700 PILOT KNOB RD
L 1 B 1 EAG 0 PK 4T,
pRISM HOTEL DE
2,085,000
5 395.50
925.5
2 697.75
94 599.7
COMM NEW
12785
1295 TOWN CENTRE DR
-
L 1 B 1 TOWN CTR 70 5
TACO BELL CORP
200,000
683.00
100.0
341.50
5,077.5C
COMM NEW
3600 KENNEBDR
12735
L 1, B 30, CEDAR IND-PK
CE .
LARRY WENZEL
433,000
1,265.50
216.5
632.75
9,586.7
COMM ADD
12737
4565 ERIN LN
L 1, B 1, MARL ACRES 1ST
MCDONALD'S CORi
4,800
50.50
2.5C
53.0
COMM ADE
12735
2020 SILVER BELL RD
L 1, B i, DALLAS DEVEL
DALLAS DEV CO
8,500
74.50
4.5
-----
79.00
COMM REM
12834
"
35.,250
220.00
18.00
110.00
348.00
COMM REM
12794
" " "
29,800
193.00
15.00
96.50
304.50
COMM REN,
12795
"
" "
24,300
170.50
12.5C
85.25
268.25
COMM REN,
12724
" "
" "
29,500
193.00
15.00
96.50
304.50
COMM REM
3470 WASHINGTON DR
12776
FEDERAL LAND
18,000
128.50
9.00
64.25
201.75
COMM REM
L 1, B 1.,.BICENTENNIAL
3227 TERMINAL DR
12759
L 4, B 1., SIB TERM IND
SAFETY-KLEEN
100,000
433.00
50.00
216.50
699.50
COMM REM
12728
4110 RAHN RD
R. THIMMESH
38,000
229.00
19.00
114.50
362.50
COMM REM
L 1, B 1, EAGAN ON GREEN
12767
1959 SILVER BELL RD
L 2, B 1 EAGAN METRO
SENTINEL MGMT
54,000
245.00
27.0
-----
322.00COMM
REM
F ROAD
,SECT
12778
LD1, B 2 31
ST OF MN
9,900
80.50
5.00
----
85.50
COMM REM
4110 RAHN RD
12792
L 1, B 1, EAGAN ON GREEN
TONKAWAY PTNR
5,000
50.50
2.50
-----
53.00
COMM REM
1284 TOWN CTR DR
12782
L 2,, B 1, T:C. 70 2ND
FEDERAL _LAND
600
11.50
.50
----
12.00COMM
REN,
P
P
BREAKDOWN: _._
m
N
N
O
NUMBER OF
N
.NO
SUR-
u
N
m
TYPE
OF PERMITS
BUILDINGS
UNITS
VALUATIONS
PERMIT FEES
CHARGE
FEES
TOTAL
ES
4 -UNIT
$ 49.25
$ 154.25
COMM
B 1 HILLT P PLAZL
H
16
9
16
$ 970,000
$ 51038.00
$ 605.0
1 $ 2,519.0
.S 3'
'_Oc
v
V
L
O
O
O
O
O
.Nn
O
m
2
O
DEVELOPMENT
224.5
18.50
112.25
355.25
_
B -WIT
12
6
96
4,474,000
13,356.00
2,232.0
1 81-678.0
N
TOWNHOUSE
2700 LONE OAK PKWY
NORTHWEST
APT. OR
1
1
m
527,000
1,500.50
263.5
1 750.25
17,574.2'.
CONDO
1301 CORPORATE CTR DR
c
P
11114
L 1 B 3 EAG OFC PK
TRANSHEALTH
86,000
391.0
43.00
195.50
629.50
COMM
11081
29
11
A
O
m
O
O
0
O
TOTALS
L 1 B 1 BLUE CROSS
BLUE SHIELD
,
p
P
u
m
SPERRY CORP
125,000
495.5
62.50
247.75
805.75
.__
COMM
11065
Y
FEDERAL LAND
u
a
x
14.00
92.00
290.00
COMM
11166
3306 MIKE COLLINS DR
OPUS CORP
I
P
I
P
0
0
M
0
0
0
M
0
0
0
__-
11064
3935 SIB MEM HWY-M
RIKMANN CO.1.
6,000
56.5
m
--
59.50
COMM
RA
z
O
O
In
N
O
o
r
P
I
m
I
m
0
O
o
O
a
O
u
p
m
N
o n r r G r< r Cm
Ym rac mx
ui`�vnn m a n n nYumvu �"
u m n z m
9 n �m n Y Om Y
O n syn R C Y
fA m O F
O h 1 m
m t2�
Im � r7
"d
m m
O �
V
r N N Y m
C N O m P u C � P NCO V C m IJ
O u.
i
PROTECTIVE INSPECTIONS - MONTHLY INFORMATION
DATE: OCTOBER 1985 yc
P ,
MULTI -FAMILY
BREAKDOWN: _._
NUFIB ER
NUMBER OF
NUMBER OF
SUR-
PLAN CHECK
OWNER
VALUATIONS
TYPE
OF PERMITS
BUILDINGS
UNITS
VALUATIONS
PERMIT FEES
CHARGE
FEES
TOTAL
ES
4 -UNIT
$ 49.25
$ 154.25
COMM
B 1 HILLT P PLAZL
TOWNHOUSE
16
9
16
$ 970,000
$ 51038.00
$ 605.0
1 $ 2,519.0
.S 3'
'_Oc
6 -UNIT
11086
L
PK -NOM
42,000
247.0
21.00
123.50
391.50
TOWNHOUSE
680 O'NEILL RD
DEVELOPMENT
224.5
18.50
112.25
355.25
_
B -WIT
12
6
96
4,474,000
13,356.00
2,232.0
1 81-678.0
134,166.0(
TOWNHOUSE
2700 LONE OAK PKWY
NORTHWEST
APT. OR
1
1
12
527,000
1,500.50
263.5
1 750.25
17,574.2'.
CONDO
1301 CORPORATE CTR DR
11114
L 1 B 3 EAG OFC PK
TRANSHEALTH
86,000
391.0
43.00
195.50
629.50
COMM
11081
29
11
124
5,971,000
19,894.50
3,104.5
9,947.25
183,782.2`
TOTALS
L 1 B 1 BLUE CROSS
BLUE SHIELD
,
BUILDING
PERMIT
SUR-
PLAN CHECK
PERMIT 0
ADDRESS 6 LEGAL
OWNER
VALUATIONS
FEE
CHARGE
FEES
TOTAL FEES
OCCUPANC'
11193
4182 PILOT KNOB RD
JAMES CO.
$ 13,0001$
98.5
$ 6.50
$ 49.25
$ 154.25
COMM
B 1 HILLT P PLAZL
4178 KNOB DRIVE
NOSTALGIC
11086
L
PK -NOM
42,000
247.0
21.00
123.50
391.50
COMM
680 O'NEILL RD
DEVELOPMENT
224.5
18.50
112.25
355.25
COMM
11087
L 1. B 26, SECT I
LEARNING CTR
37,000
2700 LONE OAK PKWY
NORTHWEST
11088
L 1 B 1, LONE OAK ADD
AIRLINES
14,300,000
35,933.0
1,965.00
17,966.50
303,469.50
COMM_
1301 CORPORATE CTR DR
11114
L 1 B 3 EAG OFC PK
TRANSHEALTH
86,000
391.0
43.00
195.50
629.50
COMM
11081
3535 BLUE CROSS RD
BLUE CROSS/
38000
229.0
19.00
114.50
362.50
COMM
L 1 B 1 BLUE CROSS
BLUE SHIELD
,
11079
1500TOWERVIEW DR'
1. B 1, SPERRY PARK
SPERRY CORP
125,000
495.5
62.50
247.75
805.75
.__
COMM
11065
2113 CLIFF RD
FEDERAL LAND
28,000
184.0
14.00
92.00
290.00
COMM
11166
3306 MIKE COLLINS DR
OPUS CORP
40.00
COMM
L 14 B 2 EAG CTR IND
PK 14
3,000
38.5
1.50
__-
11064
3935 SIB MEM HWY-M
RIKMANN CO.1.
6,000
56.5
3.00
--
59.50
COMM
RA
fl�