04/01/1986 - City Council RegularAGENDA
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
CITY HALL
APRIL 1, 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 HEAD BUSINESS
IV. 6:55 - CONSENT AGENDA
F.i6oA. Contractors Licenses
B. Personnel Items
Pp,/'C. Projects 381 & 447, Special Assessment Agreement for Willard
Berfelz
,p, D. Project 4?3, Authorize Feasability Report, Pilot Knob Road,
Trunk Storm Sewer
E. Vacate Drainage & Utility Easement, Lexington Place South
Addition
)V.19 F. Final Plat Approval, Dallas Development 1st Addition
P.2/ G. Final Plat Approval, Deerwood School 1st Addition
,Z3H. Project 448R, Receive Report/Public Hearing (Pond LP -55, Storm
Sewer Outlet)
V. 7:00 - PUBLIC HEARINGS
�.2� A. Public Hearing, Vacation of Utility & Drainage Easement, Outlot
F, Lone Oak Addition
�2� B. Final Assessment Hearing, Project 428, Cedar Industrial Park/
. Trunk Storm Sewer
VI. OLD BUSINESS
�p.Z � A. Conditional Use Permit Review, Outside Storage on Property Owned
f by Brad Ragan Tire Company, 3815 Nicols Road, SW 1/4 of Se -c.19
" (Continued from March 4, 1986, meeting)
B. Preliminary Plat & Comprehensive Plan Amendment for Long -Term
Residency,, Hotel Containing 120 Units on 4.36 Acres, Located
South•of Lone Oak Rd & West of I -35E, NW 1/2 of Sec.10
(Eagandale Lemay Lake 2nd Addition PD) Continued from March 19,
1986, meeting
A.
B.
Fire Department
Police Department
t D. Public Works Department
y -*t?- E. Cable Commission
C.
Parks & Recreation
Departmdnt
IV. 6:55 - CONSENT AGENDA
F.i6oA. Contractors Licenses
B. Personnel Items
Pp,/'C. Projects 381 & 447, Special Assessment Agreement for Willard
Berfelz
,p, D. Project 4?3, Authorize Feasability Report, Pilot Knob Road,
Trunk Storm Sewer
E. Vacate Drainage & Utility Easement, Lexington Place South
Addition
)V.19 F. Final Plat Approval, Dallas Development 1st Addition
P.2/ G. Final Plat Approval, Deerwood School 1st Addition
,Z3H. Project 448R, Receive Report/Public Hearing (Pond LP -55, Storm
Sewer Outlet)
V. 7:00 - PUBLIC HEARINGS
�.2� A. Public Hearing, Vacation of Utility & Drainage Easement, Outlot
F, Lone Oak Addition
�2� B. Final Assessment Hearing, Project 428, Cedar Industrial Park/
. Trunk Storm Sewer
VI. OLD BUSINESS
�p.Z � A. Conditional Use Permit Review, Outside Storage on Property Owned
f by Brad Ragan Tire Company, 3815 Nicols Road, SW 1/4 of Se -c.19
" (Continued from March 4, 1986, meeting)
B. Preliminary Plat & Comprehensive Plan Amendment for Long -Term
Residency,, Hotel Containing 120 Units on 4.36 Acres, Located
South•of Lone Oak Rd & West of I -35E, NW 1/2 of Sec.10
(Eagandale Lemay Lake 2nd Addition PD) Continued from March 19,
1986, meeting
VII. NEW BUSINESS
p.30 A. Consideration of Criteria for the Sale of an Approximate
$7,500,000 First -Time Homebuyer's Program
�.3� B. Consideration of Citizen's Resolution to Request Certain Actions
of the Reagan Administration to Bring Peace to Nicaragua
x.38' C. Conditional Use Permit for Purex Corporation for Outside Storage
of Chlorine on Lot 1, Block 1, Eagandale Corporate Square
Located East of Neil Armstrong Blvd & South of Apollo Road, NW
1/4 of Sec.11
G3 D. Preliminary Plat for 10 Single Family Lots on 5.63 Acres,
Lexington Place South 3rd Addition (Frontier Midwest) Located
East of Lexington Ave & North of Wescott Rd, SW 1/4 of Sec.14
�•71 E. Two -Foot Variance to 10 -Foot Sideyard Setback Requirement, Lot
5, Block 3, -Sun Cliff Fourth Addition (Wesley Construction Inc)
NW 1/4 of Sec.29
P.� F. Special Permit for Temporary Parking of Mobile Home from April
15 to October 31, 1986, at 670 Lone Oak Rd, NW 1/4 of Sec.12
G. Preliminary Plat Extension for One Year, Splashland Water Parks,
Inc., Located on County Road 30, West of Cedar Ave Freeway (i.n.
?7), SW 1/4 of Section 19
H. Osman Shrine Temple Gambling License Application
VIII. ADDITIONAL ITEMS
A. Contract 85-21, Design Development Approval (Maintenance
Facility Expansion)
L Review of Current Policy for Temporary Advertising Signs
/ ,..9 C Consideration of Consultant's Study for I-494 Corridor
POFD. Tollefson Builders, Inc./Stipulation Agreement
bl_E. Contract 86-6, Approve Plans/Authorize Advertisement for Bids
/ (Deerwood Drive)
V./65F. Contract 86-10, Approve Plans/Authorize Advertisement for Bids
(Eagandale Industrial Park - Storm Sewer)
-p,16W. Economic Development Policy
1,16g H. Position Paper on Airport Noise
I%.
VISITORS TO BE HEARD (for those persons not on the agenda)
X. ADJOURNMENT
10
MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MARCH 27, 1986
SUBJECT: AGENDA INFORMATION
W-3061ma M.5111�. ....o
After approval is given to the April 1, 1986, agenda and regular.
City Council meeting minutes for the March 18 meeting, the
following items are in order for consideration:
A. FIRE DEPARTMENT
There are no items to be considered for the Fire Department at
this time.
B. POLICE DEPARTMENT
There are no items to be considered for the Police Department
at this time.
C. PARKS & RECREATION DEPARTMENT
There are no items to be considered for the Parks & Recreation
Department at this time.
D. PUBLIC WORKS DEPARTMENT
There are four (4) items to be considered under Public Works Depart-
ment.
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Two
D. PUBLIC WORKS DEPARTMENT
1. Snow Removal Damage Complaint, Tom Walisch (1270 Vildmark
Drive) --On February 27, Street Maintenance operations were in
the process of "winging back" the high snow banks that accumulated
throughout the City during the previous._ winter months. Mr. Walisch
registered a complaint with the Public Works Director and Mayor
regarding damage to shrubs and bushes located within public right-
of-way as a result of this snow removal operation. On Saturday,
March 1, the Public Works Director called Mr. Walisch to inform
him the Street Superintendent would personaly review the complaint
with him upon his return from vacation at the end of the week.
On Saturday, March 8, the Street Superintendent met with Mr.
Walisch to review his complaint. Mr. Walisch was then requested
to submit a letter, identifying his claim for damages, which would
be reviewed by the Citv during our sprinq investigations of past
snow removal damage complaints.
the bushes and shrubs were fou
right-of-way, the City would nc
any damages that may have occur
that the Public Works Director
13, to again review his compla:
to comply with the City's request
documenting his damages to be
City's policy of denial of liabi:
within public right-of-way was
At that time, Mr. Walisch demi
in person, to the City Council at
Mr. Walisch contacted the City
his complaint and requesting to
to the April 1 meeting. On SatL
Director met with Mr. Walisch to
regarding snow removal operations
He is also informed that if
ad to be located within public
t be responsible or liable for
red. Mr. Walisch then demanded
meet with him at 7:30 on March
nt. Mr. Walisch again refused
:hat he submit a written complaint
investigated this spring. The
ity for shrubs or bushes located
again explained to Mr. Walisch.
nded to present his complaint,
the March 19 meeting. On Friday,
Administrator again expressing
be continued from the March 19
rday, March 15, the Public Works
review his most recent complaints
>f March 13 and 14.
On all of these occasions, the Street Superintendent, Public
Works Director and City Administrator have discussed Mr. Walisch's
complaint with him and have explained. the City's policies and
procedures and assured him that we will compensate him for any
damages that can be documented to shrubs or bushes located on
his private property. In addition, assurances were given that
we will continue to review our snow removal 'operations to try
to minimize hisconcerns and complaints regarding the quality
of our snow removal operations.
On March 28, the Public Works Director viewed the property and
could not document any damage at that time.
The Council has discussed, in considerable detail, on previous
occassions enforcement, compliance and liability associated with
the boulevard obstruction ordinance. The City policy that has
Y
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Three
D. PUBLIC WORKS DEPARTMENT CONT'D
been followed by the Public Works Department has been notification
of property owners where physical structures,that create a potential
hazard to snow removal operations,have been requested to be removed.
Any existing landscaping, shrubs or bushes that do not present
a physical hazard have been allowed to remain with the understand-
ing that the property owner would accept responsibility and liabili-
ty for any damage that may occur, as a result of snow removal
operations, with the exception of sod which will be replaced
by the Maintenance Division. This policy has been strictly enforced
with the number of similar complaints over the past years. Any
deviation ,could set a precedence of financial liability that
the City should address with this issue.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny liabilities
or damages to shrubs, bushes or landscaping within public right-
of-way in front of 1270 Vildmark Drive.
I&.
91
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Four
D. PUBLIC WORKS DEPARTMENT (continued)
2. Approval for Acquisition of Maintenance Tractor --At the
August 6, 1985 Council meeting, the Public Works Director informed
the Council of the demise of an existing maintenance tractor
requesting authorization to replace it. At that time, the Council
denied this request and directed staff to address the concern
in the 1986 budget request. During the budget request process,
a second maintenance tractor failed, leaving the Public Works
Department with only one tractor. In addition, the Council denied
the acquisition of any replacement tractor, directing the City
Administrator and affected staff to evaluate our present needs,
equipment and operational schedules to see if there are other
alternatives available to its replacement.
Enclosed on pages through is a report prepared
by the Director of Public Works addre sing this evaluation process
and the resulting recommendation again requesting authorization
to purchase one new maintenance tractor and retrofit the lone
remaining maintenance tractor to handle the work of the three
previous pieces of equipment.
The Superintendent of Streets and Equipment, Director of Parks
Maintenance and City Administrator will be available to discuss
this issue in further detail at the April 1 Council meeting.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the acquisition
of a new maintenance tractor for the Public Works Street Department.
MEMO TO: THOMAS L HEDGES, CITY ADMINISTRATOR
FROM: THOMAS A COLBERT, DIRECTOR OF PUBLIC WORKS
DATE: MARCH 24, 1986
SUBJECT: 1986 EQUIPMENT NEEDS - MOWING TRACTOR
STREET MAINTENANCE DIVISION - #22
During the preparation of the 1985 budget (fall of 1984), Public
Works had requested consideration for replacing Units #125 (1953
Ford) and #124 (1960 Moline), which_ were two of our three
tractors available for boulevard and ditch mowing operations.
The replacement for these vehicles was not approved as a part of
the 1985 budget.
During 1985 operations, Unit #125 incurred a total failure beyond
repair (see August 6 Council minutes - Department Head Business).
This left our Department with only two tractors necessary to keep
up with increasing needs.
As a part of the 1986 budget request (fall of 1984), our
Department again requested authorization to replace Unit #125,
(which was no longer available for use), and also authorization
to replace Unit #124, which has since incurred a similar fate
during the 1986 fall mowing season. The Street Maintenance
operations will have only one piece of equipment (Unit #126) to
perform the required boulevard and ditch mowing/maintenance for
both aesthetics and safety purposes (traffic visibility).
As a result of the approved 1986 budget, the Street Maintenance
Division was not authorized to replace these two pieces of
equipment. Instead, you suggested that we work with the Park
Maintenance operations to see if consolidation of equipment,
manpower and/or operations would eliminate the need for
replacement -of this piece of equipment.
Ken Vraa and myself met with Jim McGuffee, Arnie Erhart and Joe
Connolly on four different occasions to review our existing
equipment availability, past, present and projected future needs
and personnel coordination capabilities. In our joint review, we
gave serious considerations to your suggestions regarding
consolidating manpower, equipment and work schedules. However,
our detailed review still resulted in the need to acquire
a -replacement unit plus modify an existing unit (#126) in order
to provide a minimum level of service.
An extensive resea'r`ch of personnel time records was performed for
1983, 1984 and 1985 to try and identify growth trends and man-
hour requirements of specialized tractor mowing type equipment
for the varied tasks requiring this type of equipment. Combined
with the recent park improvements performed during the past year,
it is anticipated that approximately 6,000 hours of equipment
will be required during 1986. Taking into consideration the
short summer season, unpredictable weather conditions and
S
CITY ADMINISTRATOR HEDGES
MARCH 24, 1986
PAGE TWO
ti
preventative/corrective maintenance (tune-ups, blade sharpening,
repairs, etc.), a minimum of 12 pieces of specialized tractor
equipment will be necessary to handle current needs.
Itis further necessary to understand that not all types of
mowing equipment are interchangeable because of the different
type of mowing conditions and results desired (i.e. rough cut
areas, slopes, maneuverability required, finished appearance,
etc.) Some of the equipment is used for more than one purpose.
The following information is a summary of EQUIPMENT PRESENTLY
AVAILABLE:
VEHICLE # DESCRIPTION
#126 1978 Ford 515 Tractor
#321 1972 Ford 4060 Tractor
#322 1976 Ford 4400 Tractor
#323
1979
John
Deere 850 Tractor
#327
1981
Toro
Park Master
#329
1980
Toro
Park Master
#331
1979
Toro
Groundsmaster
#332
1980
Toro
Groundsmaster
#333
1983
Toro
Groundsmaster
#334
1985
Toro
Groundsmaster
#3xx
1986
"To -Be -Acquired" Tractor
(lxx = Street Maintenance Division
3xx = Parks Maintenance Division)
USE
Blvd. & Ditch Mowing
Trail Sweeping & Ball. zld
Dragging
General Parks Maintenance
.Work
Fertilizing & Rotary Mowir.
7 -Gang Mower
9 -Gang Mower
Mowing & Rink Maintenance
Mowing & Rink Maintenance
Mowing & Rink Maintenance
Mowing & Rink Maintenance
General Purpose
The following is a listing of the various locations requiring
DIFFERENT TYPES OF MOWING MAINTENANCE:
1. Urban boulevards (adjacent to collector streets)
2. Rural ditches
3. Athletic fields
4. Open space parks
5. Community buildings
TYlere are three MAJOR DESIGNATED USES for various types of
mowers, which are identified in the following listing which also
references the specific piece of equipment for that type of
maintenance and the frequency of operation:
I. Rough Cut
a. Finished appearance required (trails and
boulevards) - Unit #323 (3-5/month)
b. Unfinished appearance (ditches and vacant lots)
- Unit #126 (2-3/year)
6
CITY ADMINISTRATOR HEDGES
MARCH 24, 1986
PAGE THREE
II. Groomed Areas (209 acres, 39 locations)
a. Large open -space parks and athletic fields -
Units #327 and 329 (weekly)
b. Small active parks, hilly open spaces and
trimming - Units #331, 332, 333, 334 (weekly)
C. Ballfield dragging - Unit #321 (Daily)
III. All Purpose "Work Horse"
a. Backhoe digging, post hole digging, play
equipment erection, dirt moving, tree moving,
aerification, fertilization, etc. -
Unit #322 and 3xx - 1986 park tractor
acquisition (Daily)
As can be seen, the area of chronic deficiency is #I where the
immediate need for an additional piece of mowing equipment is
necessary. Due to the different types of mowing decks (flail,
sicle, rotary, reel, etc.) and the great diversity intypes of
mowing surfaces, the various pieces of mowing equipment are not
interchangeable for certain types of useage. Also, the tractors
themselves are not easily convertible from one useage to another
(i.e. ballfield dragging to mowing) without valuable downtime
required for conversion. In addition to the accelerated growth
of the number of acres of park property to be maintained, the
City is continuing to add urban boulevard sections and trailways
which require additional maintenance.
An indepth analysis of the existing Street Department equipment
results in the following:
RECOMMENDATION
a. Modify/Convert Unit #126
Purchase a Mott side -mount flail mower (includes
installation).
Remove/salvage front bucket.
Remove./s&lvage Sims cab.
Install new roll bars and sunroof.
CITY ADMINISTRATOR HEDGES
MARCH 24, 1986
PAGE FOUR
b. Trade -In Unit #124, #125 and Woods rotary mower.
C. Conversion Cost to City - $10,000
With these modifications, Unit #126 can be equipped with both the
existing rear mount and the new side mount mowing system which
would consolidate the work previously performed by Units #124 and
#125 on our ditch mowing operations with two less maintenance
men.
d. New Acquisition
1. 72" Diesel Groundsmaster (rear discharge) with trailer
- $12,500
2. 1/2 -Ton Pickup truck - $10,000
e. Total Cost to City - $32,500
f. 1986 Budget Request - $56,000
SUMMARY
Due to the needs placed on the existing pieces of equipment and
the requirements of the 1986 mowing season, if authorization is
not given to perform the retrofitting of Unit #126 and the
acquisition of a new Toro Groundsmaster, we request specific
direction from the Council as to which operations they want to
have given - the lowest priority, with the understanding that there
is a great likelihood that their mowing needs will not be able to
be met during the coming years. The alternative is to..authorize
the rental of the required prices of equipment to help provide a
hard dollar cost need for this equipment in future consideration
of capital budget requests.
AVAILABLE FINANCING
With the recent acquisition of the two approved vehicles (#128 -
1=ton Dump and #129 - 34K GVW Dump) under the 1986 budget through
the Hennepin County Cooperative Purchase Program, it is
anticipated that, we will experience a cost savings of
approximately $8,000. Also, with the inclusion of the traffic
signal (Lexington and Yankee Doodle Road) under the County Road
Improvement project, the anticipated temporary signal
installation ($25,000) will not be necessary. In addition, under
the Engineering budget (Department #21) we anticipate a surplus
of approximately $1,100 due to similar group purchasing of
capital expenditure items. All three items together result in an
WA
PIN
CITY ADMINISTRATOR HEDGES
MARCH 24, 1986
PAGE FIVE
anticipated savings of capital expenditure outlay of the approved
1986 Public Works budget of approximately $34,000, which could
easily cover this requested capital expenditure. However, there
presently is insufficient funds to cover the rental costs if that
alternate is preferred.
Due to the time frames associated with ordering -the new pieces of
equipment and the fast approaching mowing season, I would
-appreciate your prompt review of this request and recommendations
on achieving Council approval.
Respectfully submitted,
C
Thomas A. Colbert, P.E.
Director of Public Works
TAC/j j
cc: Ken Vraa, Director of Parks & Recreation
Arnie Erhart, Superintendent of Streets/Equipment
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Five
D. PUBLIC WORKS DEPARTMENT (continued)
3. Project 411, Special Assessment Deferment (Lillian McCarthy -
Trunk Area Storm Sewer --On February 18, 1986, a continued final
assessment hearing was held for trunk area storm sewer assessments
against Parcel 410-02200-010-02 owned by Lillian McCarthy for
trunk area storm sewer benefit received from Project 411 which
provided for the outlet of Patrick Egan Park. As the Council
recalls, this final assessment hearing was continued from September
17, 1985, due to the submission of a written request from the
attorney representing Mrs. McCarthy. This assessment had been
reviewed by the Special Assessment Committee and, based on their
recommendation, the Council closed the final assessment hearing
and order in the final assessment in the amount of $2,970.
Enclosed on page_ is a letter from our City Attorney's
office requesting specific direction from the City Council regard-
ing the defense of the appeal that has been filed by the attorney
representing Mrs. McCarthy (NOTE: The second issue addressed
in the letter has been satisfactorily resolved by staff).
ACTION TO BE CONSIDERED ON THIS ITEM: Review final assessment
for trunk area storm sewer under Project 411 to Parcel #10-02200-
010-02 (Lillian McCarthy) and provide direction to staff regarding
negotiation or defense of this assessment appeal.
/to
0
HAUGE-, FIDE & KELLER, P. A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILDINGS
8908 SIBLEY MEMORIAL HIGHWAY
EAGAN, MINNESOTA 55122
PAUL H. HAUGE AREA CODE 612
KEVIN W. EIDE TELEPHONE 454.4224
DAVID G. KELLER March 18, 1986
LORI M. BELLIN
MICHAEL J. MAYER
Mr. Thomas A. Colbert
Public Works Director
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: McCarthy v. Eagan (Lillian McCarthy, Project No. 411)
Dear Tom:
Please be advised that we have received a continuance for the trial originally
scheduled for March 12 in regard to the assessment appeal for the amount of
$2,970.00. It was our hope that this could be worked out with a senior
citizen deferment. However, the attorney for Mrs. McCarthy insists that they
will proceed with trial unless the City cancels the existing assessment
against Mrs. McCarthy's property and defers assessing the property for area
storm sewer improvements until the date when the property is developed or upon
Mrs. McCarthy's death.
After a lengthy discussion we indicated that we would make the recommendation
to the City as demanded by Mrs. McCarthy's attorney only because of the
amounts of money involved in the cost of the appraisal work and other expenses
associated with trying the case.
Therefore, after your review, we would request that the City Council review
the matter so that we might make an official statement to Mrs. McCarthy's
attorney and determine whether we must retain an appraiser.
A second issue that was presented to us was the interest rate on the $6,000
assessment for area service and laterals under Project No. 395 against Mrs.
McCarthy's property. It was her attorney's understanding that the interest
rate would be in the area of ten to eleven percent. He has advised us that
her tax statement indicates that the interest rate was 15.5%. Any light you
can shed on this issue would be appreciated.
A& Sincerely yours,
HAUGE, EIDE & KELLER, P.A.
David G. Keller
DGK:cjb
cc: Gene VanOverbeke
Tom Hedges
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Six
D. PUBLIC WORKS DEPARTMENT CONT'D
4. Project 317, Special Assessment Appeal Negotiations (Darold
Holden - Blackhawk Road Streets and Utilities) --As the Council
recalls, the City's defense of the special assessment appeal
by Darold Holden for streets and utilities installed under Project
317- (Blackhawk Road) was tried in Dakota County District Court
with the judge's decision setting the maximum assessment amount
at $5,085.00 as compared to $27,041.32 approved at the time
of the final assessment hearing held on February 5, 1985.
On January 7, 1986, the Council authorized the City Attorney's
office to appeal this decision through the proper judicial channels.
Enclosedon page A is a letter staff received from the City
Attorney's office forwarding the settlement offer for Council
consideration as proposed by Mr. Holden's attorney, Arnold Kempe.
The staff recommends that this offer be rejected and that we
pursue the appeal process through a new trial, if necessary,
given the fact that it is felt that the judge's original opinion
was based on incorrect interpretation of the City's appraised
value of benefits.
ACTION TO BE CONSIDERED ON THIS ITEM: To offer a settlement
or reafirm past Council action regarding defense of the special
assessment appeal as submitted by Darold Holden for Project 317,
Blackhawk Road Streets and Utilities.
E. Cable Commission
There are no items to be considered for the Cable Commission
at this time.
0
31AUGE, EIDE & REELER, P. A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILDINGS
3908 SIBLEY MEMORIAL HIGHWAY
EAGAN. MINNESOTA 55122
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
MICHAEL J. MAYER
Mr. Thomas A. Colbert
Public Works Director
3830 Pilot Knob Road
Eagan, Minnesota 55122
Re: Holden v. Eagan Assessment Appeal
Dear Tom:
March 18, 1986
317
AREA CODE 612
TELEPHONE 454.4224
As you are aware, I have been .handling .the appeal of this trial court decision
in which assessments for approximately $27,000 against the Holden property
were reduced to a mere $5,085 by the district court judge.
I have had some discussions and negotiations with Mr. Holden's attorney,
Arnold Kempe, who I thought at one point was suggesting that the City reduce
the assessment to approximately $21,000 deferring $8,000 with $13,000 being
currently payable. However, Mr. Kempe has been steadfast in demanding the
same treatment as the adjacent property resulting in a $10,000 reduction in
the assessments with $7,000 deferred and $10,000 payable currently.
We disagree totally with Mr. Kempe's argument that the two properties are
similar. He even suggests that the adjacent property has more frontage and is
therefore more developable. I have pointed out to him that the steep slope to
the south of the Tscherne property prevents development of the entire parcel,
thereby reducing its highest and best use. Mr. Kempe's response is that
cooperation with the adjacent land owner will be necessary to develop the
Tscherne property as well as his client's property. While we do not agree
with Mr. Kempe's analysis and believe that any comparison to other properties
is irrelevent to the trial of this particular case, we do believe there may be
some validity to the proposal only because as Mr. Kempe has stated, the best
result from a successful appeal would be to require a new trial. Of course he
failed to note that the appellate court may provide some direction to the
trial court. Therefore, as is usually required of legal counsel, we are
advising you of the proposed settlment offer, rather than making the decision
whether to accept or reject on our own.
Sincerely yours,
HAU EIDE & KELLER, P.A.
,- e A
David G. Keller
DGK: c jb /
-- I
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Seven
CONSENT AGENDA
There are eight ( 8 ) 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 LICENSE
A. Contractor License --Attached on page /5 is a list of con-
tractors who are renewing or who have been selected and retained
as the builder by a customer either living in or planning to
reside within the City of Eagan. These contractors have references
from other municipalities or their client permit applications
are awaiting City Council approval for a contractor license.
ACTION TO BE CONSIDERED ON THIS ITEM:
contractor licenses as presented.
To approve the list of
0
0
CONTRACTOR LICENSES
GENERAL CONTRACTORS
1. Jeff Nietz
2. E. Barlow & Sons
3. Adami
4. Diamond Roofing & Sheet Metal
5. Heritage Energy Homes, Inc.
6. Homemaster Builders, Inc.
7. Hume Construction, Inc.
8. Jad Ron Corporation
9. Lundgren Bros. Inc.
10. Michael R. Malone
11. Mittelstaedt Bros. Construction
12. New Horizon Homes, Inc.
13. Ruscon Homes
14. Schimek Homes, Inc.
15. Tilsen Homes, Inc.
16. Timberton Company
HEATING & VENTILATION
PLUMBING CONTRACTORS
1. Earl Nelson
2. Dennis Gilb
3. Hillcrest Plumbing (Geo.Smeed)
4. Stanley L. Northrup
5. Charles L. Moses
6. William Rascher
7. Steven B. Johnson
8. Roger Weirke (Henry Gretsfeld)
1. Airflow Systems, Inc.
2. A. Binder & Sons, Inc.
3. Bostrom Sheet Metal Works, Inc.
4. cedar Valley Heating & Air Conditioning
5. K & K Heating & Plumbing
6. Mark Air Conditioning
7. Northrup Mechanical, Inc.
8. Rouse Mechanical, Inc.
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Eight
PERSONNEL ITEMS
B. Personnel Items --Part-time dispatcher, JoAnn Arbour, has
submitted her resignation effective May 2, 1986. Because of
the nature of this position, the Police Department requests
authorization to hire a replacement as soon as possible in order
to at least partially train a replacement prior to May 2. The
training expense is within Police Department budgetary limits.
ACTION TO BE CONSIDERED ON THIS ITEM: To 1) accept the resignation
of part-time dispatcher, JoAnn Arbour, effective May 2, 1986,
and 2) authorize the hiring of a replacement to enter on duty
as soon as possible.
16
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Nine
PROJECTS 381 & 447, SPECIAL ASSESSMENT AGREEMENT
C. Projects 381 and 447, Special Assessment Agreement for Willard
Berfelz--In response to concerns expressed by Mr. & Mrs. Willard
Berfelz pertaining to assessments generated under the above -
referenced projects for trunk area storm sewer and lateral benefit
from trunk water main, the Berfelz's have requested City approval
of an agreement whereby their property would be assessed at
its present single family use instead of its current light in-
dustrial zoning. They have executed all standard agreements
required by the City under Special Assessment Agreement #82-2.
Staff is recommending Council approval of this agreement and
modification of past and pending special assessments accordingly.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the Special
Assessment Agreement regarding zoning vs. land use for Projects
381 and 447 for Willard Berfelz, 3285 Dodd Road.
11
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Ten
PROJECT 473, AUTHORIZE FEASIBILITY REPORT/PILOT KNOB RD
D. Project 473, Authorize Feasibility Report, Pilot Knob Road,
Trunk Storm Sewer (Hilltop Estates and Evergreen Park Addition) --
As a part of the Dakota County Highway Department's Capital Improve-
ment program, Pilot Knob Road from I-35E_to Apple Valley is proposed
to -be reconstructed and upgraded during 1987. The County has
already started with preliminary design work identifying the
various impacts on City utilities. As a result of this preliminary
design, they have determined that it would be necessary for the
City to provide a trunk storm sewer outlet for the pond south
of St. John Neumann Church through Hilltop Estates into Patrick
Eagan Park to pick up the drainage from a major portion of Pilot
Knob Road and Deerwood Drive being constructed in 1986.
In addition, present storm sewer outlets for Evergreen Park cannot
handle the additional runoff generated by the upgrading of Pilot
Knob Road. Also, additional capacity is necessary to handle
the present runoff generated from this subdivision.
Therefore, staff is requesting authorization to begin the prepara-
tion of a detailed feasibility report to discuss trunk storm
sewer construction requirements to handle existing and proposed
surface water runoff associated with the scheduled upgrading
of Pilot Knob Road.
ACTION TO BE CONSIDERED ON THIS ITEM: Authorize the preparation
of a feasibility report for Project 473 for Pilot Knob Road trunk
storm sewer outlets.
VACATE DRAINAGE & UTILITY EASEMENT
LEXINGTON PLACE SOUTH ADDITION
E. Vacate Drainage & Utility Easement, Lexington Place South
Addition --We have received a petition from the developer (Mark
Parranto) of the recently approved Lexington Place South 2nd
Addition requesting the vacation of the .existing underlying drain-
age, utility and ponding easements over Outlot A of the 1st
Addition which is being replatted into the 2nd Addition. All
application submittals required with the petition have been reviewed
and found to be in order for scheduling of the public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: Receive the petition to
vacate drainage, utility and ponding easements over Outlot A,
Lexington Place South Addition and schedule a public hearing
to be held May 6, 1986.
11
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Eleven
FINAL PLAT APPROVAL/DALLAS DEVELOPMENT 1ST ADDITION
F. Final Plat Approval, Dallas Development lst Addition --We
have received an application for final plat approval for the
Dallas Development lst Addition which is the office/warehouse
complex being constructed at the intersection of T.H. 13 and
Silver Bell Road. Enclosed on page 7o is a copy of the proposed
final plat. All conditions required of Council approval of the
preliminary plat on January 21 , 1986 have been satisfactorily
complied with. In addition, all application materials have been
submitted, reviewed by staff and found to be in order for favorable
Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat
for Dallas Development lst Addition and authorize the Mayor and
City Clerk to execute all related documents.
19
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Agenda Information Memo
April 1, 1986, City Council Meeting
Page Twelve
FINAL PLAT APPROVAL/DEERWOOD SCHOOL 1ST ADDITION
G. Final Plat Approval, Deerwood School 1st Addition --We have
received an application for final plat approval for the Deerwood
School lst Addition located south of Deerwood Drive and east
of I -35E. Enclosed on page 7-Z is a copy of the proposed
final plat. All City Council conditions of preliminary plat
approval granted on. January 21, 1986 have been satisfactorily
complied with. In addition, all final plat application materials
have been submitted, reviewed by staff and found to be in order
for favorable Council action.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the final plat
for Deerwood School 1st Addition and to authorize the Mayor and
City Clerk to execute all related documents.
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Agenda Information Memo
April 1, 1986, City Council Meeting
Page Thirteen
PROJECT 448, RECEIVE REPORT/PUBLIC HEARING
H. Project 448R, Receive Report/Public Hearing (Pond LP -55,
Storm Sewer Outlet) --On December 3, 1985, a public hearing was
held to discuss the trunk storm sewer outlet for Ponds LP -55
and LP -55A located west of Oak Chase --Lane and north of Dunberry
Lane behind Dick Ney's house.
Council may recall from that meeting there was considerable concern
expressed by the various property owners who would be impacted
by the construction easements for various alternates associated
with this project. Subsequently, the Council directed staff
to prepare a proposed subdivision layout for the Klingebiel property
and continue itindefinately until an analysis could be performed
determining the impact on the proposed storm sewer outlet alternates
on the proposed future subdivision of that property. This work
has now been completed and a neighborhood meeting will be scheduled
for all affected property owners in the next several weeks prior
to the continued public hearing that is requested to be scheduled
for May 6.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the report
for Project 448 (Pond LP -55 Storm Sewer Outlet) and order the
public hearing to be held May 6, 1986.
G"
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0
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Fourteen
PUBLIC, -HEARING
PUBLIC HEARING, VACATION OF UTILITY & DRAINAGE EASEMENT
OUTLOT F, LONE OAK ADDITION
A. Public Hearing, Vacation of Utility & Drainage Easement,
Outlot F, Lone Oak Addition --On March 4, the Council received
a petition and scheduled a public hearing to consider the vacation
of a common lot line drainage and utility easement over the south-
west property line of Outlot F, Lone Oak Addition. As a condition
of processing that petition for Council consideration, the staff
required the applicant to divide the required legal description
and execution of a replacement drainage and utility easement
over the relocated common lot line. As of this date, the staff
has not received any action on behalf of the petitioner following
through with this requirement. Therefore, it is recommended
that this public hearing be continued to the May 6 meeting.
If the items have not been complied with by May 1, it will be recom-
mended that this vacation request be denied.
ACTION TO BE CONSIDERED ON THIS ITEM: To continue the public
hearing for the vacation of drainage and utility easements over
a portion of Outlot F, Lone Oak Addition to May 6, 1986.
FINAL ASSESSMENT HEARING/PROJECT 428
B. Final Assessment Hering, Project 428, Cedar Industrial Park/
Trunk Storm Sewer (Parcel #10-01700-010-52 , Luther Stalland)--
On March 4, the final assessment hearing was held for the trunk
area storm sewer benefits received from the installation of the
storm sewer system within Cedar Industrial Park. At that final
assessment public hearing, the Council received a written objection
submitted by Mr. Stalland indicating his parcel is unbuildable
due to the denial of a permit from the Army Corps of Engineers.
Subsequently, the Council deleted this parcel from the final
assessment roll that was adopted.
During the course of the meeting, it was determined that Mr.
Stalland's basis for objections pertained to another parcel under
his ownership that was not included in this final assessment
hearing. The parcel proposed to be assessed' is buildable and
properly benefitted` from this storm sewer project. Subsequently,
the Council ordered a new public hearing to consider the benefits
for this particular parcel in question.
Enclosed on page is a map showing the location of Mr.
Stalland's property in relationship to the storm sewer improvement.
Also enclosed on page ? 7� is information pertaining to the
proposed assessment against this parcel.
asp
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Fifteen
B. Project 428 cont'd:
The Public Works Director has spoken personally with representatives
of this property and forwarded correspondence clarifying this
issue and notifying them of this continued public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and approve/modify/delete the proposed final assessment for Project
428 against parcel #10-01700-010-52.
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REVISED FINAL ASSESSMENT ROLL (MARCH 5, 1986)
CEDAR INDUSTRIAL PARK TRUNK STORM SEWER
PROJECT NO. 428
ASSESSABLE
AREA CREDIT AREA RATE TOTAL
PARCEL DESCRIPTION (SQ. FT.) SQ. FT. SQ. FT. PER SQ. FT. ASSESSMENT
NW1/4 SECTION 17
01700-010-30
186,500
186,500
$0.072
$13,428.00
01700-010-31
658,750
658,750
0.072
47,430.00
SUBTOTAL $60,858.00
R.L.S. NO. 4 - 90040
TRACT A
270,575
270,575
$0.072
$19,481.40
TRACT C
1,444,010
1,444,010
0.072
103,968.72
TRACT F (020-00)
151,200
151,200
0.072
10,886.40
TRACT F (019-00)
524,300
524,300
0.072
37,749.60
_
SUBTOTAL
$172,086.12
SW1/4 SECTION 17
01700-010-50
43,560
43,560
$0.072
$3,136.32
ST R/W
01700-010-52
263,650
(20%)
210,920
0.048(1)
10,124.16
52,730
ST R/W
01700-010-53
373,600
(20$)
298,880
0.048(1)
14,346.24
74,720
ST R/W
01700-011-51
1,447,450
(20$)
1,157,960
0.048(1)
55,582.08
289,490
SUBTOTAL
$83,188.80
NE1/4 SECTION NO. 19
01900-010-03 31,000 31,000 $0.072 $2,232.00
01900-010-04 30,400 30,400 0.072 2,188.80
01900-020-04 48,350 48,350 0.072 3,481.20
27
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Sixteen
CONDITIONAL USE PERMIT/OUTSIDE STORAGE FOR BRAD RAGAN TIRE CO.
A. Conditional Use Permit Review, Outside Storage on Property
Owned by Brad Ragan Tire Company --The City Council reviewed a
letter submitted by Mr. & Mrs. Ramnarine and Mr. & Mrs. Lester
Spencer, neighboring owners to the Brad Ragan Tire Company on
Nicols Road, objecting to the outside storage of tires, barrels,
etc. on that property. This letter was reviewed at the March
4, 1986 City Council meeting. It was stated at that time that
a conditional use permit for outside storage was originally issued
to Zeco Corporation in June of 1981 for the storage of rental
equipment and machinery. Brad Ragan Tire and Field Maintenance
Company ' took occupancy of the property in 1984. The Planning
Department has determined that the landscaping conditions were
not properly satisfied by the Zeco Corporation and further that
Brad Ragan Tire Co. should be responsible for the planting program
as proposed. Action was taken at that City Council meeting to
instruct City staff to investigate the complaint and submit a
proposed agreement to be entered into with Brad Ragan Tire covering
the resolution of the problem and further to notify the complaining
neighbors of the progress. Enclosed on pages * through
is a report prepared by the Planning Department on this
item for your review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
final agreement between City staff and Brad Ragan Tire Company
as presented.
* Memo unavailable at this time will be included in the Additional
Information on Monday.
0-
K1.601i,
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Seventeen
PRELIMINARY PLAT/COMPREHENSIVE PLAN AMENDMENT
LONG-TERM RESIDENCY HOTEL
B. Preliminary Plat and Comprehensive Plan Amendment for Long -
Term Residency Hotel Containing 120 Units --A public hearing was
held before the Advisory Planning Commission at the February
25, 1986 meeting to consider a rezoning and preliminary plat
application submitted by the Opus Corporation. Those applications -
consisted of a rezoning from NB, GB, and R-4 to a Commercial
PUD and a preliminary plat entitled Eagandale Lemay Lake 2nd
Addition. After review by the City Council at the March 18 City
Council meeting, it was determined that a Comprehensive Guide Plan
amendment may be required and therefore the item should be sent
back to the APC for public hearing and review.
Since the March 18 meeting, it was determined by the City Attorney's
office that since a public hearing had been held at the APC level
to consider the preliminary plat and rezoning and further that
potential of a Comprehensive Guide Plan amendment was discussed
it was determined that the Planning Commission could meet at
their March 25 meeting to consider the Compreheazsiva Guide Plan
amendment and a recommendation would then be made to the City
Council at the April 1 meeting. A second choice given consideration
by the City Attorney's office was to schedule a public hearing
for the purpose of reviewing the Comprehensive Guide Plan at
the next regular meeting of the Advisory Planning Commission
which would be held on April 22. Their findings would then
be presented to the City Council for action at the City Council
meeting following the April 22 APG meeting. The Advisory Planning
Commission gave consideration to the procedural requirement and
determined at their March 25 meeting that a public hearing should
be considered at the April 22 APC meeting to satisfy any require-
ments for the Comprehensive Guide Plan amendment process.
Due to the APC action and opinion of the City Attorney, this
item should be deferred indefinitely until the Advisory Planning
Commission has had an opportunity to hold a public hearing and
talo action on the Comprehensive Guide Plan amendment.
ACTION TO BE CONSIDERED ON THIS ITEM: To defer any further action
on the preliminary plat Comprehensive Guide Plan amendment for
the residency hotel until the APC has held their Comprehensive
Guide Plan review hearing on this item.
VA
Agenda Information memo
April 1, 1986, City Council Meeting
Page Eighteen
HOMEBUYER'S PROGRAM
A. Consideration of Criteria for the Sale of an Approximate
$7;500,00 First -Time Homebuyer's Program --During 1985 authoriza-
tion was given to the Dakota County HRA to submit an application
into the statewide lottery for the purpose of selling single
family housing bonds that will provide mortgages for first-time
homebuyers. The City of Eagan's application was selected and
it appears that approximately $7,500,000 will be made available
for the single family mortgage program. Miller and Schroeder
Financial Inc. is evaluating the proposed bond issue and has
determined that while mortage loan rate is estimated at 7.60%,
the total points will be approximately 4.5% of the mortgage.
It is the determination of HRA and the fiscal consultant that
despite the low interest rate, it may be difficult for first-
time homebuyers to qualify if 4.5 points are required. It is
the suggestion of Miller and Schroeder Financial Inc., that a
portion of the prospective homebuyers' costs be reduced by raising
$200,000 to $300,000 from the sale of bonds secured by the
residuals from the 1980 Eagan Single Family Program. This will
allow each future homeowner to obtain a low mortgage rate while
paying points equal to 1.5 - 2.5%.
The City Administrator has reviewed the request with the HRA
and Miller & Schroeder Financial Inc., and in addition to reviewing
this information, additional criteria was reviewed for the 1986
Single Family Program. It was recommended by the City Administrator
that the same criteria be proposed for the 1986 program that
was used in the 1980 issue.
For additional information on this item, refer to a letter submitted
by Miller & Schroeder Financial Inc., referenced on pages 31
through 33
ACTION TO BE CONSIDERED ON THIS ITEM: To approve criteria for
theme 1986 Single Family Program as presented with or without modifi-
cation.
vL
Toll Free Minnesota (800) 862-6002
Toll Free Other States (800) 328-6122
f
mer & Schroeder r_n_ _ ciai, kc.
Northwestern Financial Center - 7900 Xerxes Avenue South ■ P.O. Box 789 • Minneapolis, Minnesota 55431 (612) 831-1500
March 25, 1986
Mr. Tom Hedges
City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
RE: Use of 1980 Eagan Single Family Program residuals in
juxtaposition to the 1986 Eagan Single Family Program.
Dear Tom:
As many of the members of the Council may recall, at the
time bonds were issued to finance the Single Family Mortgage
Program in 1980, several detailed cash flow schedules were
prepared and submitted to Standard & Poor's Corporation for a
rating analysis and the assignment of a rating on the Bonds.
In that analysis, Standard & Poor's insisted that the program's
cash flows simulate several "worst case" situations, including
cases where no loans were originated by the program, cases
where only half of the loans were originated and cases where
all of the loans experienced early pre -payments within their
first five years. We now know, nearly six years after the
Bonds were issued, that none of these worst case results have
materialized, and even a conservative analysis of the program's
cash flows at this time indicates that a substantial amount of
"residual" or excess income has been generated by the program.
Unfortunately, under the terms of the documents that were
prepared for the issue, all of these excess revenues are
"trapped" by the program until all of the bonds have been
retired. We have recently undertaken a cash flow analysis of
the program's current assets, -assuming that the loans would
experience no prepayments (very unlikely with today's interest
r'ates for conventional home loans) and again where loans prepay
rapidly (for a remaining average life of three years). In the
case of no prepayrgents of loans, it can be expected that the
remaining bonds would be retired by May of 2005 and excess
revenues of approximately $15,963,800 would be made available
to the City. The "present value" of such amounts or the value
today if such sums were paid to the City immediately and the
City were to keep them until 2005 invested at 7.00% is
approximately $1,975,000. Under the three year average life
assumption, it would be expected that the bonds would be repaid
3/
Headquarters: Minneapolis, Minnesota
Branch Offices: Solana Beach, California • Santa Monica, California a Northbrook, Illinois • St. Paul, Minnesota • Tallahassee, Florida • Milwaukee, Wisconsin
Member of the securities 1—wr Pmceaion Com+ -tion
Mr. Tom Hedges
March 25, 1986
Page 2
by November of 1997, leaving approximately $3,960,000 in excess
sums available to the City. The present value of these sums
would be approximately $1,190,000.
While such sums can not be paid directly to the City until
the bonds have been paid in entirety, it is possible to access
such amounts by selling additional housing revenue bonds today
that would be payable only from those future excess amounts.
Specifically, the City could permit a portion of the residual
cash flow from its previous housing program to be used to
assist its 1986 housing program.
The 1986 program anticipates using a structure where all
loans would be either FHA or VA insured. This structure
provides both the lowest mortgage interest rate and the lowest
"points" to mortgagors. To make the program cash flows payable
today and to adequately compensate lenders for originating
loans under the program, we currently anticipate the mortgage
loan rate to be approximately 7.60% with total points of 4.50%,
of which 3.25% would be discount points payable by the seller
of an individual home and 1.25% would be an origination fee
paid by the buyer of the home. Since the discount points are a
subject of negotiation which the seller obviously takes into
account when determining the final sale price, it is safe to
say that the total 4.50% is ultimately borne by the home buyer.
To alleviate some of the cost to the prospective homebuyer
it is possible to raise $200,000 to $300,000 from the sale of
bonds secured by the residuals from the 1980 Eagan single
family program. This will allow a mortgagor under the 1986
program to attain ownership with 1.50 - 2.50 fewer points, a
savings of $1,200 to $2,000 on a loan of $80,000.
The effect of this action would be to use, in 1986, up to
$300,000 of the present value of the residuals that could begin
flowing to the city when the Bonds have been retired. In other
words, the City would be using up to $300,000 present values of
tone $1,190,000 residual amounts, leaving approximately $890,000
present value of residuals available to the City when the Bonds
have been retired., Please advise us if the Council should wish
to consider using residuals to assist the 1986 program.
We understand that
to the 1986 program. As
program involved several
other questions
you may recall,
criteria which
have arisen with regard
the 1980 single family
the city reviewed and
Mr. Tom Hedges
March 25, 1986
Page 3
approved at that time. These same criteria are to be used for
the 1986 program:
- for the first six months of the program, no more than
20% of the program may be used -for townhouses or
condominiums.
- All applications will be on a
basis.
- No amounts shall be set aside
commitments - only homeowners
with loan proceeds may apply
first served basis.
- All homes financed under the
occupied.
first come, first serve
for specific developer
wishing to purchase homes
for loans on a first come
program must be owner
In addition there are federal and state limitations on income
and sales price as follows:
- For the first six months there will be a maximum
adjusted gross income of $30,888; for the remainder of
the program the limit will be 50% of the program -at
$38,610 and 50% at $31,590.
- Sales Price Limits - New Construction - $95,130
Existing Housing - $96,120
- 100% of the program will be first time homebuyers
(ie -someone who has not had a principal interest in
their principal residence in the last three years).
Attached with this letter is a copy of the financial
analysis we have undertaken with respect to the residuals.
Please feel free to call on me anytime should you have
questions or comments concerning any of these matters.
Si er
Paul R. Ekholm
Vice President
Attachment
PRE/tdp
0268E
cc: Kari Erickson, Dakota County HRA
Kathleen Aho, Public Financial Systems
.:3
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Nineteen
CITIZEN'S RESOLUTION/PEACE TO NICARAGUA
B. Consideration of Citizen's Resolution to Request Certain
Actions of the Reagan Administration to Bring Peace to Nicaragua --
The City has received a proposed resolution for City Council
consideration from Mr. Paul Chellsen _who resides at 2074 Marble
Lane. Enclosed on page 9:5 is a copy of the resolution.
Also enclosed on page is a copy of a newspaper article
that appeared on Wednesday, March 19, 1986, regarding Mr. Chellsen's
request to have this resolution considered by the City Council.
The City Administrator has submitted a letter to Mr. Chellsen,
a copy is enclosed on page 37 regarding the City of Eagan's
unwritten policy that City Cou#6cil action be limited to local
control/local City government type issues.
ACTION TO BE CONSIDERED ON THIS ITEM: To determine whether this
type of resolution should be given consideration by the City
Council and if so the resolution should either be approved or
denied for consideration as presented.
3�
0
rl
RESOLUTION NO.
2
a
Offered By w
Seconded By
FOR PEACE
WHEREAS, the Eagan City Council, on behalf of the people of Eagan, can by
Resolution express their concern and support for peace and justice in the world;
and,
WHEREAS, the Eagan City Council believes that all elected officials are
obligated to speak out on issues that either directly or indirectly affect their
constituency; and,
WHEREAS, the Eagan City Council wishes to express its deep concern regarding
the present U.S. policy as it relates to Nicaragua; and,
WHEREAS, the current Administration is currently seeking appropriations for
covert activities for the C.I.A. supported Contras, whose sole objective is to
destabilize and topple the newly elected Sandanista government; and,
WHEREAS, the Eagan City Council, on behalf of the citizens of Eagan, feel
these actions are inappropriate, ineffective, and wrong; and,
WHEREAS, the Eagan City Council believes that all governments, including the
Sandanista government of Nicaragua should adhere to democratic principles and make
strides toward increased freedom and human and civil rights for all of their
citizens; and,
WHEREAS, Nicaragua has made continual overtures to the United States to end
hostilities and work within the Contadora peace process, which has the support of
most of the countries in the region.
THEREFORE, BE IT RESOLVED, that the Eagan City Council request the Reagan
Administration to immediately begin negotiations and re-establish diplomatic
relations with the Nicaraguan government in order to bring peace and stability to
the region by negotiating a settlement to resolve differences between the two
nations; and,
FURTHER RESOLVED, that the Eagan City Council request Congress to deny any
further appropriations for covert activities in Nicaragua; and
4 -
FURTHER RESOLVED, that the City Clerk is directed to send copies of this
resolution to all Minnesota members of Congress urging such member to oppose any
further appropriations for.covert aid; and
FURTHER RESOLVED, that the City Clerk is directed to forward a copy of this
resolution to President Reagan and Senator Robert Dole for distribution at the
United States Senate and to Thomas O'Neill for distribution at the House of
Representatives.
35
EA 6AN FOR PEA CE • 2074 MARBL E L ANE 0 EA 6AN, MN, 55 122 • (6 12) 454-6 I3.3
los St. Paul Pioneer Press and Dispatch
A.
Wednesday, March 19, 1986
Activist seeks Eagan position 1
on Reagan's Nicaraguastand
Paul Chellsen' believes that if Peace, a group of fewer than a doz- council process," he said. "The
you call him in 10 years, he'll still en people,who want to raise inter- idea is that this could be a spring -
be involved in some kind of civic national questions on a local level. board for getting people involved .�
activism. The group formed out of efforts to in the group." ti
paint "shadows" on sidewalks in ,� of last week, the response had
A few years ago, he attempted the city last summer to commem- s tepid, but k, the r was trying,
unsuccessfully to get the Richfield morate the anniversary of the .tob talk each Chellsen
council member s
City Council to approve a state- bombing of Hiroshima in Worldrtalk
ment calling for a freeze in nuclear War II. y'
weapons between the superpowers. % If the resolution is proposed and
This spring, he's trying to get the Chellsen seat letters and a copy pied, he said, he.would like it to
Eagan City Council to approve a of a possible, resolution on the Ni- be sent to top state and national
statement condemning the Reagan caragua issue to all the Eagan leaders. But the city of Minneapo-
administration's support of the council members. He said he hopes lis engineer said he doesn't have
Contras in that group's attempt to to get one of the council members: any aspirations to be a leader.
overthrow the Sandinista govern- to put the issue on an agenda and
ment in Nicaragua. try to get it approved. "I can do more as a private citi-
zen actually than as a public one,"
Chellsen, 24, is part of Eagan for "I want to go through the normal he said. '-`I really believe that
l .�.4 . .1• r . ... . ..r u + • t � �.-c. .. .. .+.fes -.. N .. 1 n. Jt'.+�e ;- . ,+ .r-va ..✓y.' '.i
36
Lie
3830 PILOT KNOB ROAD, P.O. BOX 21199
BEA BLOMQUIST
EAGAN, MINNESOTA 55121
Mayor
PHONE: (612) 454-8100
THOMAS EGAN
JAMES A. SMITH
VIC ELLISON
THEODORE WACHTER
March 25, 1986
Council Members
THOMAS HEDGES
City Administrator
EUGENE VAN OVERBEKE
MR PAUL CHELLSEN
City Clerk
2074 MARBLE LANE
EAGAN MN 55122
Re: Consideration of Resolution for April 1, 1986,
City Council Meetinq
Dear Mr. Chellsen:
Your resolution requesting that the Eagan City Council consider
a resolution that expresses concern and support for peace and
justice in Nicaragua is scheduled for _the April 1, 1986, City
Council meeting at your request. This item will appear on the
agenda under New Business.
The City of Eagan has maintained an unwritten policy to address
and legislate issues related to local control. Occasionally,
the City Council will' take a position on either State-wide or
Federal policy as it relates to direct revenue apportionments
to the community such as, local government aid and Federal revenue
sharing respectively. To date, the City Council has not addressed
issues that are related to foreign policy, relying upon their
U.S. congressional delegation for that responsibility. Since
the City Council has no access to foreign policy related issues,
with. the exception of the media, it will be necessary to determine
whether a proper fact-facting can be made to allow action on
this resolution.
Again, your resolution is on the agenda and a determination
for a course of action will be made next Tuesday.
Sincerely,
Thomas L. Hedges
City Administrator
TLH/kf
37
THE LONE OAK TREE. .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY f/'
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Twenty
CONDITIONAL USE PERMIT/PUREX CORPORATION FOR OUTSIDE STORAGE
C. Conditional Use Permit for Purex Corporation for Outside
Storage of Chlorine --A public hearing was held before the APC
at their regular meeting held on February 25 and again on March
25 to consider a conditional use permit application that was
submitted by the Purex Corporation/Dial Corporation. After review,
the APC is recommending approval of the conditional use permit.
For additional information on this item, refer to a report that
was prepared by the Planning Department dated February 14, and
also an update that was presented to the APC at their last regular
meeting. This report is enclosed on pages 3 through �fz.
Also enclosed on pages_ through J`A'G is a copy of a memo
from the City Attorney's 6ffice to the City Planner that provides
an opinion as to whether this application can be considered within
a general industrial district.
For additional information on the action that was taken by the
Advisory Planning Commission, refer to pages (00 T— through .
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit for Purex Corporation for outside storage
of chlorine.
[A
MEMO TO: ADVISORY PLANNING COMMISSION
DALE C RUNRLE, CITY PLANNER
FROM: RICHARD M HEFTI, ASSISTANT CITY ENGINEER
DATE: MARCH 18, 1986
SUBJECT: PUREX CORPORATION CONDITIONAL USE PERMIT REQUEST
As a result of the questions the Commission raised at the
February meeting regarding the use of chlorine at the Water
Treatment Plant site, I checked with the Treatment Plant operator
about the size and number of containers stored at the Plant site.
The Water Treatment Plant stores six 1 -ton chlorine tanks. Four
of the chlorine tanks are in use with the other two chlorine
tanks being surplus. The chlorine distributor handles replacing
the empty tanks with full tanks.
I hope this information is helpful regarding your reviewing this
conditional use permit request. If I can be of any assistance to
you, I will be at the Advisory Planning Commission meeting of
March 25, 1986.
Respectfully sul�mi,tted,
1
Richard M. He , P.E.
Assistant City Engineer
RMH/j j
A.
5?
n
CITY OF EAGAN
SUBJECT: PUREX CORP CONDITIONAL USE PERMIT UPDATE
APPLICANT: PUREX CORP — DIAL CORP
LOCATION: LOT 1, BLOCK 1, EAGANDALE CORPORATE SQUARE
NW4, SECTION 11
EXISTING ZONING: L-1 (LIMITED -.INDUSTRIAL DISTRICT)
DATE OF PUBLIC HEARING: MARCH 25, 1986
DATE OF REPORT: MARCH 18, 1986
REPORTED BY: PLANNING DEPARTMENT
Attached with this memorandum is the report from February 14,
1986 thatwill give background of the proposed use for the Condition-
al Use Permit. This updated report will try to address the issues
that were raised at the February 25, 1986 Public Hearing.
The first question that arose on February 25th was as to use
allowed within a limited industrial district. Staff met with
the applicants to attempt to define the use proposed for this
site to better interpret the zoning ordinance. Attached with
this memo is a summary of that meeting detailing the specific
use of the Purex Corporation. Also, an analysis of the Eagan
Zoning Ordinance and how the Advisory Planning Commission could
or could not support the use as permitted through the Conditional
Use Permit for a limited industrial district.
Staff has also researched the kind of operation that Purex is
proposing and define it through the Standard Industrial Classifica-
tion Manual as to how this type of operation would fit in with
its use. The Standard Industrial Classification Manual describes
this facility as a manufacturing facility• but does not define
it as either light or heavy manufacturing. '. The Commission will
have to review this operation again and make the final determination.
The last item that Staff researched was to contact the various
agepcies to acquire expertise on. the storage of chlorine and
any kind of experience in respect to operation of manufacturing
with chlorine gasses. Staff -has contact -the Environmental Health
.Agency of Dakota,Courity, the City Fire Marshall, who has contacted
Ramsey County_ and- the St. Paul. Fire Dept regarding the Purex
Corp; presently- operating in St. Paul. .All agencies contacted
indicated that there are some risks with the' storage of chlorine,
however, this particular. operation has a minimal amount of risk
with chlorine storage or the blending of chlorine into a bleach
product. It- appeared that all agencies felt 1"t would not be
a major impact or hazard within the industrial park.
13
PUREX CORP CONDITIONAL USE PERMIT
MARCH 25, 1986
PAGE 2
The Northwestern Mutual Life Insurance Co will be submitting
a copy of the site plan -for the neighboring buildings and facilities
showing the location of the proposed operation to the surrounding
land uses. This should give a feel as to where this building
lies in respect to other existing industrial buildings in the
general area. This site plan will be forthcoming.
I hope this memo has taken into account the concerns of the Advisory
Planning Commission. We do not have- a definite conclusion but
have hopefully addressed additional information regarding this -
process. If any Commission member would like additional information,
please contact me prior to the meeting so the information can
be provided.
Sincerely,
Dale C Runkle
City Planner
Encl:
.�L
M
CITY OF EAGAN
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: PUREX CORPORATION
LOCATION: LOT 1, BLOCK 1, EAGANDALE CORPORATE
SQUARE, NW4, SECTION 11
EXISTING ZONING: L-1
DATE OF PUBLIC HEARING: FEBRUARY 25, 1986
DATE OF REPORT: FEBRUARY 14, 1986
REPORTED BY: JIM STURM
APPLICATION: An application has been submitted requesting a
conditional use permit for the storage of chlorine bleach chemicals
at the Purex Corporation located south of Apollo Rd in section 11.
COMMENTS: Purex Corporation currently occupies approx. 150,000
sq. ft. of the 200,000 sq. ft. building (see exhibit A & E).
Northwestern Mutual Life Insurance is the owner of the building
and the Sperry .Corporation rents the remaining 50,000 sq. ft.
This site is just west of the railroad tracks that are used to
bring in the chemicals needed for the production of bleach.
This manufacturing and warehousing facility produces all of the
bottles for the chlorine bleach.
The chlorine,
stored in the 180,000 pound rail
car will be located
near the NE
portion of the building on the
inner rail
spur.
This is a normal storage facility within the industry
and it
is done this
way at the downtown St. Paul
facility as
well.
The tank will
be padlocked for security even
though this
plant
is operating on a 24 hour basis.
Sodium hydroxide will_be stored in a 75,000.gallon diluted caustic
tank at the south end of the building. This tank will measure
approx. 20" x 50' and be 24' high. The building itself is 27'
high and therefore the tank will not be visable from Apollo Rd.
The sodium hydroxide will also be delivered by rail at 50% strength.
It will then be diluted to a 17% strength before being stored
'in the subject tank.
The resin cars bring in materials used to make the storage bottles.
Neither the chlorine or sodium hydroxide is combustible.
If approved, the conditional use shall be subject to all applicable
ordinances and, -
1) A 6' security fence around the sodium hydroxide tank located
at the south end of the building.
A.
V3
77
NEL ARMSTRONG BLVD.
I I V/,/-// I
40
-4
Z
M p
IA
3p
CORPORATE SQUARE
EGAMALE CENTER INDUSTRIAL PAM OPUS CORPORATIOn
Tin EQAN, MINNESOTA V� Phld OES"NERS - B X OERS - DEVB-OREFt
P CL Box M WdwmPoftW43"W IGLM 93&46" 411 N Or Cnwffor..Maur Pr000sa IL OWN (3121824-"" a 31M tt C -&w M. RM—M AZ 55M2 MM Z?4.nC
q4
STANDARD INDITSTRIAL CLASSIFICATION
Group Industry
No. No.
281 INDUSTRIAL INORGANIC CHEMICALS—Continued
2816 Inorganic Pigments
Establishments primarily engaged in manufacturing inorganic pigments. Important
products of this industry include black pigments -(except carbon black, Industry 2895),
white pigments and color pigments. Organic color
pigments, except animal black and
bone black, are classified in Industry 2865.
Animal black
Lithopone
Barium sulfate, precipitated (blanc
Metallic pigments, inorganic
dxd)
Mineral colors and pigments
Barytes pigments
Mintum (pigment)
Black pigments, except carbon black
Ochers
Blanc fixd (barium sulfate, precipi-
Paint pigments, inorganic
tated)
Pearl essence
Bone black
Pigments, inorganic
Chrome ptgments : chrome green,
Prussian blue pigments
chrome yellow, chrome orange, zinc
Red lead pigment
yellow
Satin white pigment
Color pigments, inorganic
Slennas
Iron blue pigment
Titanium pigments
Iron colors
Ultramarine. pigment
Iron oxide, black
Umbers -
Iron oxide, magnetic
vermilion plgment
Iron oxide, yellow
White lead pigments
Lamp black
Whiting
Lead oxide pigments
Zlnc oxide pigments
Lead pigments
Zinc pigments : zinc yellow and zinc
Litbarge
su_phide
Industrial Inorganic Chemicals, Not Elsewhere
Classified
Establishments primarily engaged in manufacturing industrial inorganic chemicals,
not elsewhere classified. Important products of
this industry include inorganic salts
of sodium (excluding refined sodium chloride), potassium, aluminum, calcium, chro-
mium, magnesium, mercury, nickel, silver, tin; inorganic compounds such as alums,
calcium carbide, hydrogen peroxide, sodium silicate, ammonia compounds (except fer-
tilizers), rare earth metal salts and elemental bromine,'fluorine, iodine, phosphorus,
and alkali metals (sodium, potassium, lithium, etc.). Establishments primarily engaged
in mining, milling, or otherwise preparing natural potassium, sodium, or boron com-
pounds (other than common salt) are classified in Industry 1474. Establishments
primarily engaged in manufacturing household
bleaches are classified in Industry
2842; phosphoric acid in Industry 2874; and nitric
acid, anhydrous ammonia and other
nitrogenous fertilizer materials in Industry 2873.
Activated carbon and charcoal
Bromine, elemental
Alkali metals
Caesium metal
Alumina
Calcium carbide, chloride, and hypo -
Aluminum chloride
chlorite
Aluminum compounds
Calcium compounds, inorganic
Aluminum hydroxide (alumina trlhy-
Calcium metal
drate)
Calomel
Aluminum oxide
Carbide
Aluminum sulfate
Catalysts, chemical
Alums
Cerium salts
Ammonia alum
Charcoal, activated
Ammonium chloride, hydroxide, and
Chlorosulfonic acid
molybdate
Chromates and bichromates
Ammonium compounds, except for ter-
Chromic acid
itilizer
Chromium compounds, inorganic
Ammonium perchlorate
Chromium salts
Ammonium tbiosulfate
Cobalt chloride
Barium compounds
Cobalt 60 (radioactive)
Bauxite, reilued
Cobalt sulfate
Beryllium oxide
Copper chloride
Bleaching •powder
Copper iodido and oxide
Borax (sodium tetraborate)
Copper sulfate
Boric aeld
Cyanides
Boron compounds, not produced at
Desiccants, activated: silica gel
mines
Dichromates
Borostlicate
Ferric chloride
Brine7_1jFerrocyanides
STANDARD INDUSTRIAL CLASSIFICATION
Group Industry
No. N o.
284 SOAP, DETERGENTS, AND CLEANING PREPARATIONS, PERFUMES, C08.
METICS, AND OTHER TOILET PREPARATIONS
This group includes establishments primarily engaged in manufacturing soap and
other detergents and in producing glycerin from vegetable and animal fats and oib;
specialty cleaning, polishing, and sanitation preparations; and surface active prepare:
tions used as emulsifiers, wetting agents, and finishing agents, including sulfottated oib;
and perfumes, cosmetics, and other toilet preparations.
2841 Soap and Other Detergents, Except Specialty Cleaners
Establishments primarily engaged in manufacturing soap, synthetic crganic deter•
gents, inorganic alkaline detergents, or any combination thereof, and establishmenu
producing crude and refined glycerin from vegetable and animal fats and oils.
lishments primarily engaged in manufacturing shampoos or shaving products, whether
from soap or synthetic detergents, are classified in Industry 2844; and synthetic glycerin
in Industry 2869.
Detergents• synthetic organic and In- Mechdnies' paste
organic alkaline Scouring compounds
Dye removing cream,'sonp base Soap : granulated, liquid, cake, dAkt4
Foots soap and chip
Glycerin, crude and refined: from Textile soap
fats—except synthetic Washing compounds
2842 Specialty Cleaning, Polishing, and Sanitation Preparations
Establishments primarily engaged in manufacturing furniture, metal, and other
polishes; waxes and dressings for fabricated leather and other materials; household,
institutional and industrial plant disinfectants, deodorants; dry cleaning prep'arationr
household bleaches; and other sanitation
preparations. Establishments
manufacturing household pesticidal preparations
pritntinll
are classified in Industry 28761.
Ammonia, household
Aqua nmhousehold
Household blenches, dry or liquid
Beeswax,, procrrosessing of
Industrial plant disinfectants And dw
dorantsInk,
Belt dressing
Blackings
burnishing
Bleaches, household : liquid or dry
Burnishing ink
Ink eradicator
Leather dressings and lloixhex
Chlorine bleaching compounds, house-
hold: liquid or dry
Lye, household
Paint and wallpaper cleanerx
Cleaning and polishing preparationsshoe,
Polishes : furniture, automoblle tA,tai
and stove
Cloths, dusting and polishing: ebeml-
call•y treated
Pollshing and cleaning
Deodorants solvent
Deodorants, nonpersonnl
Re -refining dry-cleaning jj j'rntionA
Rug, upholstery, and dry cleaning
Disinfectants, household and Indus-
tergents and spotters d,
Rust removers
trial plant
Drain pipe solvents and cleaners
Dressings for fabricated leather
Saddle soap
Sanitation preparations
and
other materials
Dry cleaning preparations
Shoe cleaners and polishes
Sodium hypochlorite
Dust mats, gelatin
Dusting cloths; chemically treated
Stain removers
Starches, plastic
Dyc removing cream, petroleum base
wax emulsion
Swee in compounds,
p g pounds, oil and W41"Floor
absorbent, clay or sawduxt
Floor waxes
Furniture polleh sad wax
a poo
wallpaper cleaners
wax removerx
Harness dressing
waxes for wood, fabricated Iextl,r
and other materials
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
MICHAEL J. MAYER
TO:
FROM:
RE:
HAUGE, EIDE & TEELLE11, P. A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILDINGS
3808 SIBLEY MEMORIAL HIGHWAY
EAGAN, MINNESOTA 55122
AREA CODE 61
M E M O R A N D U M TELEPHONE 454-4224
Dale Runkle
David Keller
Dial Corporation Conditional Use Permit
for Chlorine Tank and Blending Process
Dear Mr. Runkle:
Issue:
At the February 25, 1986 Advisory Planning Commission meeting the application
of Dial Corporation for a conditional use permit to allow one tanker rail car
to be parked and connected to its facility for processing with caustic to
create bleach was presented. After some discussion, the Commission directed
staff to provide an opinion as to whether this particular use would be -an
allowable permitted use or conditional use within an I-1, limited industrial,
district. As was indicated at that meeting, it is our opinion that City Code
Section 11.20, Subd. 16 does not clearly indicate whether this would be a
permitted use or an allowable conditional use within a limited industrial
district. This is not a surprising discovery since it would be difficult to
enumerate all of the uses or potential uses within any industrial zoned
district. It would seem very likely that this use would be allowed under
Section 11.20, Subd. 17 as a use within a general industrial district.
Discussion:
The application was presented as a request for a conditional use permit
pursuant to Section 11.20, Subd. 16C. which provides that "no structure or
land shall be used for the following uses or uses deemed similar by the
Council except by conditional use permit;". The list of conditional uses
does include the category "for explosives, including all activities involving
the storage, utilization or manufacture of materials or products such as TNT
or dynamite which could decompose by detonation." The Council might determine
that the blending of chlorine and caustic to create bleach is somehow similar
to activities involving explosives or perhaps not any more dangerous than such
activities and therefore an allowable conditional use.
Allowing this use may also be supported by referring to the permitted uses,
Subd. 16A. including "1. Conducting a process, fabrication, storage or
manufacturing light materials or wholesaling operation..."
705
-2 -
Preliminary Conclusion:
Thus, our position is that a decision for approval or denial is legally
supportable. However, such a decision should be well -reasoned and documented.
At this time we have heard from the applicant and have not separately
researched the dangers of an accident involving chlorine gas. It is also our
understanding that you will be checking with the County and Minnesota
Pollution Control Agency regarding possible jurisdiction and any regulations
imposed by them.
As legal counsel for the City, it is our opinion that any decision approving
this use should include statements addressing the following two issues:
1. That the proposed use does 'not create an unusual hazard to the community
in terms of the likelihood of an accident or the likely impact of such an
accident.
2. That the proposed use is unique from other uses involving potentially
hazardous chemicals and therefore does not open the door to all such types
of uses.
Conclusion and Recommendations:
In a meeting with representatives of Dial Corporation, information was
provided and will be provided at future Planning Commission and Council
meetings that addresses the issued of the hazardous nature of the use as well
as its distinction from other potential types of uses. This information or
characteristics of the use may be divided into two parts as follows:
1. Storage of chlorine on a rail car at the site:
s
a. It has been suggested that tank rail cars with chlorine already pass
through the City.
b. The large chlorine gas leaks which are occasionally publicized involve
a derailment of such a car whereby the walls are punctured, releasing
the gas.
i. This is not likely to occur on a side track.
ii. The car will be located in a depression which will help contain
any potential leak with sensing devices which will detect even
small amounts of chlorine gas.
c. The valve system for release of chlorine into the facility is provided
with a fail-safe, backup vale stem to cause shut -down immediately
upon any excess discharge.
d. The railroad tank cars are carefully regulated by the Department of
Transportation being tested every two or three years for two and one-
half times the normal pressure.
-3-
2. The process itself shall involve only the blending of chlorine and caustic
under the following conditions:
a. No gaseous material shall be emitted.
b. No odors are emitted.
c. There is no significant noise.
d. There is no effluent.
e. There is no by-product to the process.
f. The process is conducted in light industrial settings in other cities.
g. The process is non -explosive.
h. If a leak develops, it shall escape as gas and shall not cause ground
contamination.
i. Detection devices are present in the storage area as well as inside
the building and chlorine is highly detectable in low concentrations
and regulated by OSHA.
j. Small tanks of chlorine are located throughout the City for water
treatment.
k. The use is not any more dangerous than anhydrous ammonia used on farms
or chemicals used by one or more other neighboring businesses.
If it is determined that this conditional use shall be allowed, it would be
appropriate to include the above information as part of such approval.
Again please note that no independent fact finding was made by this office.
Sincerely yours,
HAUGE, EIDE & KELLER, P.A.
DGK:cjb
cc: Tom Hedges
56
David G. Keller
ST. PAUL
MARKET PLANNER
FIRMS BY S.I.C. CODES
SI.C.
GROUP TOTAL
NO. FIRMS
AGRICULTURE, FORESTRY & FISHING
S.I.C.
TOTAL OR WP TOTAL
FIRMS NO. FIRMS
MAJOR
GROUP
01 -AGRICULTURAL PRODUCTION -CROPS
26
011
1
CASH GRAINS
IIB
013
0
FIELD CROPS EXCEPT CASH GRAINS
MASONRY STONEWORK AND PLASTERING
016
2
VEGETABLES AND MELONS
MAJOR
017
6
FRUITS AND TREE NUTS
101
018
16
HORTICULTURAL SPECIALTIES
102
018
1
GENERAL FARMS PRIMARILY CROP
103
MAJOR
GROUP
02 -AGRICULTURAL PRODUCTION LIVESTOCK
6
0210
GOLD AND SILVER ORES
LIVESTOCK EXCEPT DAIRY POULTRY ETC
105
024
0
DAIRY FARMS
108
025
2
POULTRY AND EGGS
108
027
3
ANIMAL SPECIALTIES
109
029
1
GENERAL FARMS PRIMARILY LIVESTOCK
MAJOR
MAJOR
GROUP
07 -AGRICULTURAL SERVICES
231
071
0
SOIL PREPARATION SERVICES
MAJOR
072
0
CROP SERVICES
121
074
60
VETERINARY SERVICES
MAJOR
075
55
ANIMAL SERVICES EXCEPT VETERINARY
131
078
1
FARM LABOR AND MANAGEMENT SERVICES
132
078
115
LANDSCAPE AND HORTICULTURAL SERVICES
138
MAJOR
GROUP
08 -FORESTRY
3
OB1
1
TIMBER TRACTS
141
082
2
FOREST NURSERIES ANO SEED GATHERING
142
OB4
0
GATHERING OF MISCELLANEOUS FOREST
144
4
SAND AND GRAVEL
PRODUCTS
145
085
O
FORESTRY SERVICES
147
MAJOR GROUP 09 -FISHING HUNTING AND TRAPPING 1
091
0
COMMERCIAL FISHING
-'
092
O
FISH HATCHERIES AND PRESERVES
IIB
097
1
HUNTING TRAPPING GAME PROPAGATION
MASONRY STONEWORK AND PLASTERING
MINING
4
CARPENTERING AND FLOORING
MAJOR
GROUP
10 -METAL MINING
p
101
0
IRON ORES
13
102
0
COPPER ORES
MISCELLANEOUS SPECIAL TRADE CONTRACTORS
103
0
LEAD AND ZINC ORES
MISCELLANEOUS APPAREL AND ACCESSORIES
104
O
GOLD AND SILVER ORES
GROUP
105
0
BAUXITE AND OTHER ALUMINUM ORES
CIGARETTES
108
O
FERROALLOY ORES EXCEPT VANADIUM
213
108
0
METAL MINING SERVICES
0
109
0
MISCELLANEOUS METAL ORES
SAWMILLS AND PLANING MILLS
MAJOR
GROUP
11 -ANTHRACITE MINING
p
111
0
ANTHRACITE MINING
WOOD CONTAINERS
MAJOR
GROUP
12 -BITUMINOUS COAL AND LIGNITE MINING
0
121
0
BITUMINOUS COAL AND LIGNITE MINING
MISCELLANEOUS WOOD PRODUCTS
MAJOR
GROUP
13 -OIL AND GAS EXTRACTION
2
131
0
CRUDE PETROLEUM AND NATURAL GAS
HOUSEHOLD FURNITURE
132
1
NATURAL GAS LIQUIDS
OFFICE FURNITURE
138
1
OIL AND GAS FIELD SERVICES
PUBLIC BUILDING AND RELATED FURNITURE
A- MAJOR
GROUP
14 -NONMETALLIC MINERALS EXCEPT FUELS
4
141
0
DIMENSION STONE
MISCELLANEOUS FURNITURE AND FIXTURES
142
0
CRUSHED AND BROKEN STONE
26 -PAPER AND ALLIED PRODUCTS
144
4
SAND AND GRAVEL
PULP MILLS
145
0
CLAY AND RELATED MINERALS
PAPER MILLS EXCEPT BUILDING PAPER
147
0
CHEMICAL AND FERTILIZER MINERALS
PAPERBOARD MILLS
148
O
NONMETALLIC MINERALS SERVICES
MISCELLANEOUS CONVERTED PAPER PRODUCTS
149
0
MISCELLANEOUS NONMETALLIC MINERALS
PAPERBOARD CONTAINERS AND BOXES
CONSTRUCTION
266
MAJOR
GROUP
15 -GENERAL BUILDING CONTRACTORS 358
152
298
RESIDENTIAL BUILDING CONSTRUCTION
320
163
B
OPERATIVE BUILDERS
154
56
NONRESIDENTIAL BUILDING CONSTRUCTION
MAJOR
GROUP
16 -HEAVY CONSTRUCTION CONTRACTORS
66
161
162
30
38
HIGHWAY AND STREET CONSTRUCTION
HEAVY CONSTRUCTION EXCEPT HIGHWAY
275
176
61
TOTAL
FIRMS
MAJOR GROUP 17 -SPECIAL TRADE CONTRACTORS 695
171207
GROUP
PLUMBING HEATING AIR CONDITIONING
172
92
PAINTING PAPER HANGING DECORATING
173
IIB
ELECTRICAL WORK
174
78
MASONRY STONEWORK AND PLASTERING
175
43
CARPENTERING AND FLOORING
176
70
ROOFING AND SHEET METAL WORK
177
46
CONCRETE WORK
176
13
WATER WELL DRILLING
179
224
MISCELLANEOUS SPECIAL TRADE CONTRACTORS
MANUFACTURING
MAJOR
GROUP
20 -FOOD AND KINDRED PRODUCTS 78
201
10
MEAT PRODUCTS
202
13
DAIRY PRODUCTS
203
5
PRESERVED FRUITS AND VEGETABLES
20413
4
GRAIN MILL PRODUCTS
205
12
BAKERY PRODUCTS
205
5
SUGAR AND CONFECTIONERY PRODUCTS
207
4
FATS AND OILS
205
5
BEVERAGES
209
11
MISCELLANEOUS FOODS AND KINDRED
MISCELLANEOUS APPAREL AND ACCESSORIES
PRODUCTS
MAJOR
GROUP
21 -TOBACCO MANUFACTURERS 0
211
O
CIGARETTES
212
0
CIGARS
213
0
CHEWING AND SMOKING TOBACCO
214
0
TOBACCO STEMMING AND REDRYING
MAJOR GROUP 22 -TEXTILE MILL PRODUCTS 12
221
1
WEAVING MILLS COTTON
222
0
WEAVING MILLS SYNTHETICS
223
0
WEAVING AND FINISHING MILLS WOOL
224
0
NARROW FABRIC MILLS
225
4
KNITTING MILLS "
226
2
TEXTILE FINISHING EXCEPT WOOL
227
0
FLOOR COVERING MILLS
228
0
YARN AND THREAD MILLS
229
5
MISCELLANEOUS TEXTILE GOODS
MAJOR GROUP 23 -APPAREL AND OTHER TEXTILE PRODUCTS 20
231
1
MENS AND BOYS SUITS AND COATS
232
6
MENS AND BOYS FURNISHINGS
233
1
WOMENS AND MISSES OUTERWEAR'
234
1
WOMENS AND CHILDRENS UNDERGARMENTS
235
1
HATS CAPS AND MILLINERY
236
0
CHILDRENS OUTERWEAR 4
237
0
FUR GOODS
238
5
MISCELLANEOUS APPAREL AND ACCESSORIES
239
5
MISCELLANEOUS FABRICATED TEXTILE
PRODUCTS
MAJOR
GROUP
24-LEIMBER AND WOOD PRODUCTS
66
2M10
L4GING CAMPS AND LOGGING CONTRACTORS
242
0
SAWMILLS AND PLANING MILLS
62
MILLWORK PLYWOOD AND STRUCTURAL MEMBERS
8
WOOD CONTAINERS
245
1
WOOD BUILDINGS AND MOBILE HOMES
249
15
MISCELLANEOUS WOOD PRODUCTS
MAJOR
GROUP
25 -FURNITURE AND FIXTURES
34
251
17
HOUSEHOLD FURNITURE
252
6
OFFICE FURNITURE
253
1
PUBLIC BUILDING AND RELATED FURNITURE
254
5
PARTITIONS AND FIXTURES
259
5
MISCELLANEOUS FURNITURE AND FIXTURES
MAJOR
GROUP
26 -PAPER AND ALLIED PRODUCTS
41
261
0
PULP MILLS
262
3
PAPER MILLS EXCEPT BUILDING PAPER
263
1
PAPERBOARD MILLS
264
28
MISCELLANEOUS CONVERTED PAPER PRODUCTS
265
8
PAPERBOARD CONTAINERS AND BOXES
266
1
BUILDING PAPER AND BOARD MILLS
MAJOR
GROUP
27 -PRINTING AND PUBLISHING
320
271
45
NEWSPAPERS
272
24
PERIODICALS
273
27
BOOKS
274
14
MISCELLANEOUS PUBLISHING
275
176
COMMERCIAL PRINTING
270
11
MANIFOLD BUSINESS FORTIS
3
J
&LC. S.I.C.
GROUP TOTAL TOTAL GROUP TOTAL TOTAL
NO. FIRMS FIRMS NO. FIRMS FIRMS
277
i
GREETING CARD PUBLISHING
12
276
7
11LANKBOOKS AND BOOKBINDING
279
15
PRINTING TRADE SERVICES
MAJOR
GROUP
28 -CHEMICALS AND ALLIED PRODUCTS
63
261
6
INDUSTRIAL INORGANIC CHEMICALS
32
282
1
PLASTICS MATERIALS AND SYNTHETICS
283
S
DRUGS
37
284
24
SOAP CLEANERS AND TOILET GOODS
285
4
PAINTS AND ALLIED PRODUCTS
286
2
INDUSTRIAL ORGANIC CHEMICALS
..
287
3
AGRICULTURAL CHEMICALS
"
289
18
MISCELLANEOUS CHEMICAL PRODUCTS
299
MAJOR
GROUP
29 -PETROLEUM AND COAL PRODUCTS
11
291
4
PETROLEUM REFINING
295
6
PAVING AND ROOFING MATERIALS
45 '
299
1
MISCELLANEOUS PETROLEUM AND COAL
0
382
14
PRODUCTS
MAJOR
GROUP
3G -RUBBER AND MISCELLANEOUS PLASTICS
24
384
17
PRODUCTS
66
3010
1
TIRES AND INNER TUBES
302
0
RUBBER AND PLASTICS FOOTWEAR
'
303
0
RECLAIMED RUBBER
3041
GROUP
RUBBER AND PLASTICS HOSE AND BELTING
306
2
FABRICATED RUBBER PRODUCTS NOT
62
391
6
ELSEWHERE CLASSIFIED
25
307
63
MISCELLANEOUS PLASTICS PRODUCTS
MAJOR
GROUP
31 -LEATHER AND LEATHER PRODUCTS
9
311
5
LEATHER TANNING AND FINISHING
,
313
0
BOOT AND SHOE CUT STOCK AND FINDING
2
314
1
FOOTWEAR EXCEPT RUBBER
315
O
LEATHER GLOVES AND MITTENS
316
1
LUGGAGE
317
1
HANDBAGS AND PERSONAL LEATHER GOODS
319
1
LEATHER GOODS NOT ELSEWHERE CLASSIFIED
MAJOR
GROUP
32 -STONE CLAY AND GLASS PRODUCTS
50
321
1
FLAT GLASS
322
2
GLASS AND GLASSWARE PRESSED OR BLOWN
323
5
PRODUCTS OF PURCHASED GLASS
324
0
CEMENT HYDRAULIC
325
1
STRUCTURAL CLAY PRODUCTS
326
8
POTTERY AND RELATED PRODUCTS
327
20
CONCRETE GYPSUM AND PLASTER PRODUCTS
_ 328
5
CUT STONE AND STONE PRODUCTS
329
10
MISCELLANEOUS NONMETALLIC MINERAL
PRODUCTS
MAJOR
GROUP
33 -PRIMARY METAL INDUSTRIES
30
331
B
BLAST FURNACE AND BASIC STEEL PRODUCTS
332
6
IRON AND STEEL FOUNDRIES
333
1
i
PRIMARY NONFERROUS METALS "
334
3
SECONDARY NONFERROUS METALS
335
0
NONFERROUS ROLLING AND DRAWING
336
6
NONFERROUS FOUNDRIES
339
2
MISCELLANEOUS PRIMARY METAL PRODUCTS
MAJOR
GROUP
34 -FABRICATED METAL PRODUCTS
163
341
6
METAL CANS AND SHIPPING CONTAINERS
342
12
CUTLERY HAND TOOLS AND HARDWARE
343
4
PLUMBING AND HEATING EXCEPT ELECTRIC
344
51
FABRICATED STRUCTURAL METAL PRODUCTS
345
5
SCREN MACHINE PRODUCTS BOLTS ETC
346
t6
METAL FORGINGS AND STAMPINGS
347
29
METAL SERVICES NOT ELSEWHERE CLASSIFIED
f 348
4
ORDNANCE AND ACCESSORIES NOT ELSEWHERE
CLASSIFIED
349
36
MISCELLANEOUS FABRICATED METAL PRODUCTS
MAJOR
GROUP
35 -MACHINERY 4EXCEPT ELECTRICAL
204
351
0
ENGINES AND TURBINES
352
11
FARM AND GARDEN MACHINERY
353
21
CONSTRUCTION AND RELATED MACHINERY
354
33
METAL WORKING MACHINERY
355
17
SPECIAL INDUSTRY MACHINERY
356
26
GENERAL INDUSTRIAL MACHINERY
357
24
OFFICE AND COMPUTING MACHINES
358
11
REFRIGERATION AND SERVICE MACHINERY
359
61
MISCELLANEOUS MACHINERY EXCEPT
ELECTRICAL
MAJOR
GROUP
36 -ELECTRIC AND ELECTRONIC EQUIPMENT
55
361
8
ELECTRIC DISTRIBUTING EQUIPMENT
✓
362
11
ELECTRICAL INDUSTRIAL APPARATUS
363
0
HOUSEHOLD APPLIANCES
5 L
354
7
ELECTRIC LIGHTING AND WIRING EQUIPMENT
365
6
RADIO AND TELEVISION RECEIVING
12
401
11
EOUIPM"NT
366
8
COMMUNICATION EQUIPMENT
367
18
ELECTRONIC COMPONENTS AND ACCESSORIES
369
9
MISCEL.ANEOUS ELECTRICAL EQUIPMENT AND
32
411
7
SUPPLILS
MAJOR
GROUP
37 -TRANSPORTATION EQUIPMENT
37
371
16
MOTOR VEHICLES AND EUUIPMENT
372
2
AIRCRAFT AND PARTS
373
10
SHIP AND BOAT BUILDING AND REPAIRING
..
374
1
RAILROAD EQUIPMENT
"
375
1
MOTORCYCLES BICYCLES AND PANTS
299
376
O
GUIDED MISSILES SPACE VEHICLES PARTS
379
7
MISCELLANEOUS TRANSPORTATION EQUIPMENT
MAJOR
GROUP
38 -INSTRUMENTS AND RELATED PRODUCTS
45 '
361
7
ENGINEERING AND SCIENTIFIC INSTRUMENTS
0
382
14
MEASURING AND CONTROLLING DEVICES
383
O
OPTICAL INSTRUMENTS AND LENSES
24
384
17
MEDICAL INSTRUMENTS AND SUPPLIES
385
1
OPHTHAIMIC GOODS
386
5
PHOTOGRAPHIC FOUIVM(NT AND SUPPI IES
'
387
1
WATCHES CLUCKS AND WALCHCASLS
MAJOR
GROUP
39 -MISCELLANEOUS MANUFACTURING
446
12
INDUSTRIES
62
391
6
JEWELRY SILVERWARE AND PLAFED WANE
25
393
2
MUSICAL INSTROMLNIS
394
21
TOYS AND SPURTING. GIXIILS
395
4
PENS PENCILS OFFICE AND AIIT SUPPLIES
,
396
4
COSTUME JEWELRY AND NOTIONS
2
399
45
MISCELLANEOUS MANUFACTURES
TRANSPORTATION, COMMUNICATIONS,
ELECTRIC, GAS & SANITARY SERVICES
MAJOR
GROUP
40 -RAILROAD TRANSPORTATION
12
401
11
RAILROADS
404
1
RAILWAY EXPRESS SERVICE
MAJOR
GROUP
41 -LOCAL AND INTERURBAN PASSENGER
TRANSIT
32
411
7
LOCAL AND SUBURBAN TRANSPORTATION
412
10
TAXICABS
413
-1
INTERCITY HIGHWAY TRANSPORTATION
414
10
TRANSPORTATION CHARTER SERVICE
415
4
SCHOOL BUSES
417
0
BUS TERMINAL AND SERVICE FACILITIES
"
MAJOR
GROUP
42 -TRUCKING AND WAREHOUSING
299
421
239
TRUCKING LOCAL AND LUNG DISTANCE
422
57
PUBLIC WAREHOUSING
423
3
TRUCKING TERMINAL FACILITIES
MAJOR
GROUP
43-U S POSTAL SERVICE
0
431
O
U S POSTAL SERVICE
MAJOR
GROUP
44 -WATER TRANSPORTATION
24
441
1
DEEP SEA FOREIGN TRANSPORTATION
442
0
DEEP SEA DOMESTIC TRANSPORTATION
443
0
GREAT LAKES TRANSPORTATION
444
5
TRANSPORTATION ON RIVERS AND CANALS
445
6
LOCAL WATER TRANSPORTATION
446
12
WATER TRANSPORTATION SERVICES
MAJOR
GROUP
45 -TRANSPORTATION BY AIR
25
451
5
CERTIFICATED AIR TRANSPORTATION
452
5
NONCERTIFICATED AIR TRANSPORTATION
4S8
16
AIR TRANSPORTATION SERVICES
MAJOR
GROUP
46 -PIPE LINES EXCEPT NATURAL GAS
2
461
2
PIPE LINES EXCEPT NATURAL GAS
MAJOR GROUP 47 -TRANSPORTATION SERVICES 129
471 9 FREIGHT FORWARDING
472 113 ARRANGEMENT OF TRANSPORTATION
474 2 RENTAL OF RAILROAD CARS
478 5 MISCELLANEOUS 1NANSPIIHTAIION Sf IIVICLS
MAJOR GROUP 48 -COMMUNICATION 50
451 7 TELEPHONE COMMUNICATION
462 O TEIEGRAPN COMMUNICATION
483 33 RADIO AND TELEVISION BNUADCASIING
SLC.
OROUP TOTAL
NO. FIRMS
469 10 COMMUNICATION SER%ICES NOT ELSEWHERE
CLASSIFIED
SI.C.
TOTAL OROUP TOTAL
FIRMS NO. FIRMS
MAJOR
GROUP
49 -ELECTRIC GAS AND SANITARY SERVICES 108
491
6
ELECTRIC SERVICES
492
11
GAS PRODUCTION AND DISTRIBUTION
493
3
COMB[NATTON UTILITY SERVICES
494
1
WATER SUPPLY
195
85
SANITARY SERVICES
498
1
STEAM SUPPLY
497
1
IRRIGATION SYSTEMS
WHOLESALE TRADE
MAJOR
GROUP
50 -WHOLESALE TRADE DURABLE GOODS 820
501
64
MOTOR VEHICLES AND AUTOMOTIVE EQUIPMENT
502
27
FURNITURE AND HOME FURNISHINGS
503
61
LUMBER AND CONSTRUCTION MATERIALS
504
21
SPORTING GOODS TOYS AND HOBBY GOODS
505
31
METALS AND MINERALS EXCEPT PETROLEUM
506
120
ELECTRICAL GOODS
507
82
HARDWARE PLUMBING AND HEATING EQUIPMENT
508
349
MACHINERY EQUIPMENT AND SUPPLIES
509
65
MISCELLANEOUS DURABLE GOODS
MAJOR GROUP 51 -WHOLESALE TRAOE NONDURABLE GOODS 329
511
41
PAPER AND PAPER PRODUCTS
512
8
DRUGS PROPRIETARIES AND SUNDRIES
513
9
APPAREL PIECE GOODS AND NOTIONS
514
81
GROCERIES AND RELATED PRODUCTS
515
19
FARM PRODUCT RAW MATERIALS
516
45
CHEMICALS AND ALLIED PRODUCTS
517
35
PETROLEUM AND PETROLEUM PRODUCTS
518
I9
BEER WINE AND DISTILLED BEVERAGES
519
72
MISCELLANEOUS NONDURABLE GOODS
RETAIL TRADE
MAJOR GROUP 52 -BUILDING MATERIALS AND GARDEN
MAJOR GROUP 57 -FURNITURE HOME FURNISHINGS STORES 401
571 25 FURNITURE AND HOME FURNISHINGS STORES
6STORES 572 66 HOUSEHOLD APPLIANCE STORES
573 131 RADIO TELEVISION AND MUSIC STORES
m
TOTAL
FIRMS
MAJOR GROUP 58 -EATING AND DRINKING PLACES 1066
561 1086 EATING AND DRINKING PLACES
MAJOR
GROUP
SUPPLIES
248
521
69
LUMBER AND OTHER BUILDING MATERIALS
143
523
34
PAINT GLASS AND WALLPAPER STORES
USED MERCHANDISE STORES
525
92
HARDWARE STORES
596
526
44
RETAIL NURSERIES AND GARDEN STORES
33
527
9
MOBILE HOME DEALERS
RETAIL STORES NOT ELSEWHERE CLASSIFIED
MAJOR
GROUP
53 -GENERAL MERCHANDISE STORES
70
531
42
DEPARTMENT STORES
9
533
17
VARIETY STORES
PENSION HEALTH AND WELFARE FUNDS
539
111
MISCELLANEOUS GENERAL MERCHANDISE
CLASSIFIED
STORES
MAJOR
GROUP
54 -FOOD STORES
.435
541
286
GROCERY STORES
542
20
MEAT MARKETS AND FREEZER PROVISIONERS
' 543
9
FRUIT STORES AND VEGETABLE MARKETS
544
27
CANDY NUT AND CONFECTIONERY STORES
645
I1
DAIRY PRODUCTS STORES
546
61
RETAIL BAKERIES
549
21
MISCELLANEOUS FOOD STORES
MAJOR
GROUP
55 -AUTOMOTIVE DEALERS AND SERVICE
STATIONS
618
551
77
NEW AND USED CAR DEALERS
552
36
USED CAR DEALERS
553
155
AUTO AND HOME SUPPLY STORES
554
294
GASOLINE SERVICE STATIONS
} 555
23
BOAT DEALERS
556
t0
RECREATION AND UTILITY TRAILER DEALERS
.557
13
MOTORCYCLE DEALERS
559
10
AUTOMOTIVE DEALERS NOT ELSEWHERE
CLASSIFIED
MAJOR
GROUP
56 -APPAREL AND ACCESSORY STORES
360
561
39
MENS AND BOYS CLOTHING AND FURNISHINGS
562
139
WOMENS READY TO WEAR STORES
563
18
WOMENS ACCESSORY AND SPECIALTY STORES
'
564
23
CHILDRENS AND INFANTS WEAR STORES
565
42
FAMILY CLOTHING STORES
566
94
SHOE STORES
568
2
FURRIERS AND FUR SHOPS
569
23
MISCELLANEOUS APPAREL AND ACCESSORIES
MAJOR GROUP 57 -FURNITURE HOME FURNISHINGS STORES 401
571 25 FURNITURE AND HOME FURNISHINGS STORES
6STORES 572 66 HOUSEHOLD APPLIANCE STORES
573 131 RADIO TELEVISION AND MUSIC STORES
m
TOTAL
FIRMS
MAJOR GROUP 58 -EATING AND DRINKING PLACES 1066
561 1086 EATING AND DRINKING PLACES
MAJOR
GROUP
59 -MISCELLANEOUS RETAIL 1277
591
117
DRUG STORES AND PROPRIETARY STORES
592
143
LIQUOR STORES
593
100
USED MERCHANDISE STORES
594
470
MISCELLANEOUS SHOPPING GOODS STORES
596
61
NONSTORE RETAILERS
599
33
FUEL AND ICE DEALERS
599
353
RETAIL STORES NOT ELSEWHERE CLASSIFIED
FINANCE, INSURANCE BE REAL ESTATE
MAJOR GROUP 60 -BANKING 94 _
601 O FEDERAL RESERVE BANKS
602 92 COMMERCIAL AND STOCK SAVINGS BANKS
603 1 MUTUAL SAVINGS BANKS '
604 0 TRUST COMPANIES NONDEPOSIT
605 1 FUNCTIONS CLOSELY RELATED TO BANKING
MAJOR GROUP 61 -CREDIT AGENCIES OTHER THAN BANKS 151
611 0 REDISCOUNT AND FINANCING INSTITUTIONS
612 52 SAVINGS AND LOAN ASSOCIATIONS
613 2 AGRICULTURAL CREDIT INSTITUTIONS
6114 74 PERSONAL CREDIT INSTITUTIONS
615 3 BUSINESS CREDIT INSTITUTIONS
616 20 MORTGAGE BANKERS AND BROKERS
MAJOR GROUP 62 -SECURITY COMMODITY BROKERS AND
MAJOR GROUP 64 -INSURANCE AGENTS BROKERS AND
SERVICE 553
641 553 INSURANCE AGENTS BROKERS AND SERVICE
MAJOR GROUP 65 -REAL ESTATE 493
651 88 REAL ESTATE OPERATORS AND LESSORS
653 363 REAL ESTATE AGENTS AND MANAGERS
854 16 TITLE ABSTRACT OFFICES
655 28 SUBDIVIDERS AND DEVELOPERS
MAJOR GROUP 66 -COMBINED REAL ESTATE INSURANCE ETC 2
661 2 COMBINED REAL ESTATE INSURANCE ETC
MAJOR GROUP 67 -HOLDING AND OTHER INVESTMENT
OFFICES 27
671 9 HOLDING OFFICES
672 7 INVESTMENT OFFICES
673 1 TRUSTS
679 10 MISCELLANEOUS INVESTING
SERVICES
MAJOR GROUP 70 -HOTELS AND OTHER LODGING PLACES 66
701 63 HOTELS MOTELS AND TOURIST COURTS
702 2 ROOMING AND BOARDING HOUSES
703 - 1 CAMPS AND TRAILERING PARKS
704 0 MEMBERSHIP BASIS ORGANIZATION HOTELS
MAJOR GROUP 72 -PERSONAL SERVICES 957
721 200 LAUNDRY CLEANING AND GARMENT SERVICES
722 46 PHOTOGRAPHIC STUDIOS PORTRAIT
723 437 BEAUTY SHOPS
724 82 BARBER SHOPS
725 30 SHOE REPAIR AND HAT CLEANING SHOPS
728 42 FUNERAL SERVICE AND CREMATORIES
729 120 MISCELLANEOUS PERSONAL SERVICES
SERVICES 46
621
27
SECURITY BROKERS AND DEALERS
622
3
COMMODITY CONTRACTS BROKERS DEALERS
623
0
SECURITY AND COMMODITY EXCHANGES
628
16
SECURITY AND COMMODITY SERVICES
MAJOR
GROUP
63 -INSURANCE CARRIERS 53
631
23
LIFE INSURANCE
832
4
MEDICAL SERVICE AND HEALTH INSURANCE
833
5
FIRE MARINE AND CASUALTY INSURANCE
635
3
SURETY INSURANCE
636
9
TITLE INSURANCE
637
5
PENSION HEALTH AND WELFARE FUNDS
639
4
INSURANCE CARRIERS NOT ELSEWHERE
CLASSIFIED
MAJOR GROUP 64 -INSURANCE AGENTS BROKERS AND
SERVICE 553
641 553 INSURANCE AGENTS BROKERS AND SERVICE
MAJOR GROUP 65 -REAL ESTATE 493
651 88 REAL ESTATE OPERATORS AND LESSORS
653 363 REAL ESTATE AGENTS AND MANAGERS
854 16 TITLE ABSTRACT OFFICES
655 28 SUBDIVIDERS AND DEVELOPERS
MAJOR GROUP 66 -COMBINED REAL ESTATE INSURANCE ETC 2
661 2 COMBINED REAL ESTATE INSURANCE ETC
MAJOR GROUP 67 -HOLDING AND OTHER INVESTMENT
OFFICES 27
671 9 HOLDING OFFICES
672 7 INVESTMENT OFFICES
673 1 TRUSTS
679 10 MISCELLANEOUS INVESTING
SERVICES
MAJOR GROUP 70 -HOTELS AND OTHER LODGING PLACES 66
701 63 HOTELS MOTELS AND TOURIST COURTS
702 2 ROOMING AND BOARDING HOUSES
703 - 1 CAMPS AND TRAILERING PARKS
704 0 MEMBERSHIP BASIS ORGANIZATION HOTELS
MAJOR GROUP 72 -PERSONAL SERVICES 957
721 200 LAUNDRY CLEANING AND GARMENT SERVICES
722 46 PHOTOGRAPHIC STUDIOS PORTRAIT
723 437 BEAUTY SHOPS
724 82 BARBER SHOPS
725 30 SHOE REPAIR AND HAT CLEANING SHOPS
728 42 FUNERAL SERVICE AND CREMATORIES
729 120 MISCELLANEOUS PERSONAL SERVICES
1
GROUP TOTAL
NO. FIRMS
TOTAL
FIRMS
MAJOR
GROUP 73 -BUSINESS SERVICES
1032
731
83
ADVERTISING
732
20
CREDIT REPORTING AND COLLECTION
733
146
MAILING REPRODUCTION STENOGRAPHIC
734
77
SERVICES TO BUILDINGS
735
0
NEWS SYNDICATES
736
60
PERSONNEL SUPPLY SERVICES
737
. 100
COMPUTER AND DATA PROCESSING SERVICES
739
566
MISCELLANEOUS BUSINESS SERVICES
MAJOR
GROUP
75 -AUTOMOTIVE REPAIR SERVICES AND
GARAGES
579
751
73
AUTOMOTIVE RENTALS WITHOUT DRIVERS
752
1
AUTOMOBILE PARKING
753
426
AUTOMOBILE REPAIR SHOPS
754
79
AUTOMOTIVE SERVICES'EXCEPT REPAIR
MAJOR
GROUP
76 -MISCELLANEOUS REPAIR SERVICES
340
762
69
ELECTRICAL REPAIR SHOPS
763
6
WATCH CLOCK AND JEWELRY REPAIR
764
56
REUPHOLSTERY AND FURNITURE REPAIR
769
207
MISCELLANEOUS REPAIR SHOPS
MAJOR
GROUP
78 -MOTION PICTURES
27
781
14
MOTION PICTURE PRODUCTION AND SERVICE
782
5
MOTION PICTURE DISTRIBUTION AND
SERVICES
783
B
MOTION PICTURE THEATERS
MAJOR
GROUP
79 -AMUSEMENT ANQ RECREATION SERVICES
224
791
24
DANCE HALLS STUDIOS AND SCHOOLS
792
27
PRODUCERS ORCHESTRAS ENTERTAINERS
793
33
BOWLING AND BILLIARD ESTABLISHMENTS
794
4
COMMERCIAL SPORTS
799
138
MISCELLANEOUS AMUSEMENT RECREATIONAL
SERVICES
MAJOR GROUP
80 -HEALTH SERVICES
1157
801
312
OFFICES OF PHYSICIANS
502
361
OFFICES OF DENTISTS
803
3
OFFICES OF OSTEOPATHIC PHYSICIANS
804
276
OFFICES OF OTHER HEALTH PRACTITIONERS
805
73
NURSING AND PERSONAL CARE FACILITIES
808
18
HOSPITALS
807
47
MEDICAL AND DENTAL LABORATORIES
B06
46
OUTPATIENT CARE FACILITIES
009
21
HEALTH AND ALLIED SERVICES NOT
ELSEWHERE CLASSIFIED
MAJOR GROUP 81 -LEGAL SERVICES
467
all
467
LEGAL SERVICES
e
MAJOR GROUP 62 -EDUCATIONAL SERVICES
2111
1121
115
ELEMENTARY AND SECONDARY SCHOOLS
122
22
COLLEGES AND UNIVERSITIES
823
46
LIBRARIES AND INFORMATION CENTERS
824
21
CORRESPONDENCE AND VOCATIONAL SCHOOLS
829
77
SCHOOLS AND EDUCATIONAL SERVICES NOT
ELSEWHERE CLASSIFIED
MAJOR GROUP 83
-SOCIAL SERVICES
288
832
147
INDIVIDUAL AND FAMILY SERVICES
833
12
JOB TRAINING AND RELATED SERVICES
835
100
CHILD DAY CARE SERVICES
9.638
11
RESIDENTIAL CARE
$39
10
SOCIAL SERVICES NOT ELSEWHERE
CLASSIFIED
MAJOR GROUP 64 -MUSEUMS BOTANICAIL AND ZOOLOGICAL
GARDENS
14
641
13
MUSEUMS AND ART GALLERIES
842
1
BOTANICAL AND ZOOLOGICAL GARDENS
MAJOR GROUP 66 -MEMBERSHIP ORGANIZATIONS
615
561
67
BUSINESS ASSOCIATIONS
862
16
PROFESSIONAL ORGANIZATIONS
863
84
LABOR ORGANIZATIONS
864
52
CIVIC AND SOCIAL ASSOCIATIONS
666
4
POLITICAL ORGANIZATIONS
606
266
RELIGIOUS ORGANIZATIONS
666
7
MEMBERSHIP ORGANIZATIONS NOT ELSEWHERE
CLASSIFIED
MAJOR GROUP MPRIVATE HOUSEHOLDS
flat
0
PRIVATE HOUSEHOLDS
p
S.I.C.
GROUP TOTAL
NO. FIRMS
TOTAL
FIRMS
MAJOR GROUP 89 -MISCELLANEOUS SERVICES 373
691 169 ENGIN^ERING AND ARCHITECTURAL SERVICES
892 1 NONCOMMERCIAL RESEARCH ORGANIZATIONS
893 193 ACC=4TING AUDITING AND BOOKKEEPING
899 10 SERVICES NOT ELSEWHERE CLASSIFIED
PUBLIC ADMINISTRATION
MAJOR GROUP 91 -EXECUTIVE LEGISLATIVE AND GENERAL 69
911 68 EXECUTIVE OFFICES
912 O LEGISLATIVE BODIES
913 O EXE CIITIVE AND LEGISLATIVE COMBINED919 3 GENCHAL GOVERNMENT NOT ELSEWHERE
CLASSIFIED
MAJOR GROUP 92 -JUSTICE PUBLIC ORDER AND SAFETY 2
921 0 COURTS
922 2 PUBLIC ORDER AND SAFETY
MAJOR GROUP 93 -FINANCE TAXATION AND MONETARY
POLICY 5
931 5 FINANCE TAXATION AND MONETARY POLICY
MAJOR GROUP 94 -ADMINISTRATION OF HUMAN RESOURCES 4
941 1 ADMINISTRATION EDUCATIONAL PROGRAMS
943 O ADMINISTRATION PUBLIC HEALTH PROGRAMS
944 3 ADMINISTRATION OF SOCIAL AND MANPOWER
PROGRAMS
945 O ADMINISTRATION OF VETERANS AFFAIRS
MAJOR GROUP 95 -ENVIRONMENTAL QUALITY AND HOUSING
PROGRAMS 11
951 4 ENVIRONMENTAL QUALITY
953 7 HOUSING AND URBAN DEVELOPMENT
MAJOR GROUP 96 -ADMINISTRATION OF ECONOMIC PROGRAMS 6
951 2 ADMINISTRATION OF GENLHAL ECONOMIC
PROGRAMS
962 0 REGULATION ADMINISTRATION OF
TRANSPORTATION
963 0 REGULATION ADMINISTRATION OF UTILITIES
964 3 REGULATION OF AGRICULTURAL MARKETING
965 1 REGULATION MISCELLANEOUS COMMERCIAL
SECTORS
966 0 SPACE RESEARCH AND TECHNOLOGY '
MAJOR GROUP 97 -NATIONAL SECURITY AND INTERNATIONAL
AFFAIRS 0
971 O NATIONAL SECURITY
972 0 INTERNATIONAL AFFAIRS
MAJOR GROUP 99-NONCLASSIFIABLE ESTABLISHMENTS 0
999 0 NONCLASSIFIABLE ESTABLISHMENTS
FIRMS BY TYPE OF LOCATION
PERCENTAGE
CODE COUNT OF TOTAL
SOLE OFFICE L 12572 73.1%
BRANCH OFFICE B 3519 20.5%
HEADQUARTERS N 1100 6.4%
FIRMS BY SIZE
PERCENTAGE
NO. OF EMPLOYEES COUNT OF TOTAL
1 TO 5 9812 57.1%
6 TO 10 _a 3440 20 0%
11 TO 25 p 2009 11.7%
28 TO SO p 951 S.5%
51 TO t00 Q 498 2.9%
101 TO 250 R 287
251 TO 5001'7%
501 OR OVER S 99 0.6%
.r. 95 0 6%
TOTAL # OF FIRMS 17,192
TOTAL # KEY PEOPLE 26,000
t
THE DIAL CORPORATION
990 Apollo Road
Eagan, Minnesota
CHLORINE FEATURES AND BLEACH MAKING FACT SHEET TO SUPPLE14ENT
CONDITIONAL USE PERMIT APPLICATION
1 i_rTT_Z7_Rr.
CHLORINE FEATURES
Purex has been manufacturing bleach and handling chlorine for the past
forty years without experiencing a fatal injury of a plant employee.
The Dial Corporation complies with all design guidelines as issued by The
Chlorine Institute.
The Dial Corporation is currently using chlorine in numerous plant locations
zones for light industry and/or adjacent to heavily populated neighborhoods
throughout the country.
Chlorine is in use in two thousand pound cylinders at all water treatment
locations and community swimming pools. Several cylinders are connected
together and typically operated by non-technical personnel.
Similar to ammonia that farmers use in their fields for fertilization, and
that farm service co-ops store in large horizontal tanks for filling
sprayers commonly called "honey wagons".
Not explosive.
Rail shipments regulated by DOT.
Detectable at very low concentrations by reliable instrumentation.
Work place limits of one part per million of chlorine legislated by OSHA.
No ground contamination.
BLEACH MAKING OPERATION
No gaseous discharge.
Blending operation only - not chemical processing.
Currently operating in many other light industry zone neighborhoods.
Manufactured using a continuous bleach making system (see photographs: on
following page).
Minor effluent easily pH controlled._
Quiet.
-'
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PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
MICHAEL J. MAYER
HAUGE, EIDE & RELLIM, P. A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILDINGS
39O8 SIBLEY MEMORIAL HIGHWAY
EAGAN. MINNESOTA 55122
MEMORANDUM
TO: Dale Runkle
FROM:
A
David Keller
Dial Corporation Conditional Use Permit
for Chlorine Tank and Blending Process
Dear Mr. Runkle:
Issue:
AREA CODE 612
TELEPHONE 454-4224
At the February 25, 1986 Advisory Planning Commission meeting the application
of Dial Corporation for a conditional use permit to allow one tanker rail car
to be parked and connected to its facility for processing with caustic to
create bleach was presented. After some discussion, the Commission directed
staff to provide an opinion as to whether this particular use would be an
allowable permitted use or conditional use within an I-1, limited industrial,
district. As was indicated at that meeting, it is our opinion that City Code
Section 11.20, Subd. 16 does not clearly indicate whether this would be a
permitted use or an allowable conditional use within a limited industrial
district. This is not a surprising discovery since it would be difficult to
enumerate all of the uses or potential uses within any industrial zoned
district. It would seem very likely that this use would be allowed under
Section 11.20, Subd. 17 as a use within a general industrial district.
Discussion:
The application was presented as a request for a conditional use permit
pursuant to Section 11.20, Subd. 16C. which provides that "no structure or
land shall be used for the following uses or uses deemed similar bX the
Council except by conditional use permit;". The list of conditional uses
does include the category "for explosives, including all activities involving
the storage, utilization or manufacture of materials or products such as TNT
or dynamite which could decompose by detonation." The Council might determine
that the blending of chlorine and caustic to create bleach is somehow similar
to activities involving explosives or perhaps not any more dangerous than such
activities and therefore an allowable conditional use.
Allowing this use may also be supported by referring to the permitted uses,
Subd. 16A. including "1. Conducting a process, fabrication, storage or
manufacturing light materials or wholesaling operation..."
57
-2 -
Preliminary Conclusion:
Thus, our position is that a decision for approval or denial is legally
supportable. However, such a decision should be well -reasoned and documented.
At this time we have heard from the applicant and have not separately
researched the dangers of an accident involving chlorine gas. It is also our
understanding that you will be checking with the County and Minnesota
Pollution Control Agency regarding possible jurisdiction and any regulations
imposed by them.
As legal counsel for the City, it is our opinion that any decision approving
this use should include statements addressing the following two issues:
1. That the proposed use does not create an unusual hazard to the community
in terms of the likelihood of an accident or the likely impact of such an
accident.
2. That the proposed use is unique from other uses involving potentially
hazardous chemicals and therefore does not open the door to all such types
of uses.
Conclusion and Recommendations:
In a meeting with representatives of Dial Corporation, information was
provided and will be provided at future Planning Commission and Council
meetings that addresses the issued of the hazardous nature of the use as well
as its distinction from other potential types of uses. This information or
characteristics of the use may be divided into two parts as follows:
1. Storage of chlorine on a rail car at the site:
a. It has been suggested that tank rail cars with chlorine already pass
through the City.
b. The large chlorine gas leaks which are occasionally publicized involve
a derailment of such a car whereby the walls are punctured, releasing
the gas.
i. This is not likely to occur on a side track.
ii. The car will be located in a depression which will help contain
any potential leak with sensing devices which will detect even
small amounts of chlorine gas.
c. The valve system for release of chlorine into the facility is provided
with a fail-safe, backup valve system to cause shut -down immediately
upon any excess discharge.
d. The railroad tank cars are carefully regulated by the Department of
Transportation being tested every two or three years for two and one-
half times the normal pressure. 6-9
MM
2. The process itself shall involve only the blending of chlorine and caustic
under the following conditions:
a. No gaseous material shall be emitted.
b. No odors are emitted.
c. There is no significant noise.
d. There is no effluent.
e. There is no by—product to the process.
f. The process is conducted in light industrial settings in other cities.
g. The process is non—explosive.
h. If a leak develops, it shall escape as gas and shall not cause ground
contamination.
i. Detection devices are present in the storage area as well as inside
the building and chlorine is highly detectable in low concentrations
and regulated by OSHA.
j. Small tanks of chlorine are located throughout the City for water
treatment.
k. The use is not any more dangerous than anhydrous ammonia used'on farms
or chemicals used by one or more other neighboring businesses.
If it is determined that this conditional use shall be allowed, it would be
appropriate to include the above information as part of such approval.
Again please note that no independent fact finding was made by this office.
Sincerely yours,
HAUGE, EIDE b KELLER, P.A.
DGK:cjb
cc: Tom Hedges
67
David G. Keller
MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
MARCH 25, 1986
A regular meeting of the Eagan Advisory Planning Commission was held on
Tuesday, March 25, 1986 at'7:00 p.m. at the Eagan Municipal Center. Present
were Chairperson McCrea, Members Wilkins, Trygg, Voracek, and Harrison.
Absent were Mulrooney, Hall and Bohne. Also present were City Planner Dale
Runkle, Assistant City Engineer Rich Hefti, and City Attorney Paul Hauge.
AGENDA
Harrison moved, Trygg seconded the motion to approve the Agenda as
presented with the understanding that the application of Economics Laboratory
for waiver of plat and the application of Minnesota National Bank of Eagan for
conditional use permit for pylon sign be continued at the request of the
applicant. All voted yes.
MINUTES
Upon motion by Harrison and seconded by Wilkins, it was resolved that the
minutes of the regular meeting of the Advisory Planning Commission of February
25, 1986 and of the Joint Meeting of City Council and Planning Commission
meeting of March 11, 1986 be approved as distributed. All members voted yes.
PUREX CORPORATION - CONDITIONAL USE PERMIT
Chairperson Pam McCrea first convened the continued public hearing
regarding the application of Purex Corporation for conditional use permit on
behalf of Dial Corporation for storage of chlorine bleach chemicals at the
Purex Corporation building located south of Apollo Road in Section 11 on Lot
1, Block 1, Eagandale Corporate Square. The initial public hearing was held
at the February 25, 1986 Planning Commission meeting and was continued with
additional information requested. Dale Runkle reviewed the information
gathered, including the following:
� 1. Whether the use was appropriate in a Limited Industrial District.
Information was gathered by the staff detailing the planned use by the Purex
Corporation and an analysis of the Eagan Zoning Ordinancd was also discussed.
W
1
APC Minutes
March 25, 1986
2. In addition, the staff contacted various agencies regarding the
storage of chlorine and the manufacturing of products using chlorine gases.
All agencies contacted indicated that there are some risks with the storage of
chlorine. However, this particular operation has a minimum amount of risk
with blending of chlorine into a bleach product.
In addition, the staff indicated the Dakota County Health Director and the
Eagan Fire Marshall were contacted regarding the application.
Warren Spannaus, attorney from the Dorsey office, appeared on behalf of
the applicant and introduced several members who made short comments,
including William Fenland, the manager of the St. Paul plant, William
Nicholson, an Engineer for Purex from St. Louis, Missouri, and Tom Davis of
Northwestern Mutual Insurance Co., the landlord of the building.
Mr. Fenland indicated that Purex first opened its facility in Eagan in
1972 and. now has about 125,000 square feet of leased space. Mr. Nicholson
reviewed the process proposed to be used and indicated it is a state -of -the
art facility with continuous bleach making, including many safety features.
He stated that the sodium hydroxide will not be stored outside and Mr.
Spannaus stated that in his opinion, the zoning is appropriate.
Detailing of the safety measures took place and it was noted the chlorine
rail car will have a pipe running to the inside of the building. The rail
cars have safety features, and automatic shut-off valves to terminate the
chlorine flow under certain conditions. OSHA also regulates the amount of
chlorine in the work place.
Member Wilkins was concerned about the potential spillage and also there
was considerable discussion regarding whether the use was appropriate for an
I-1 or I-2 zoned category.
Harrison moved to recommend approval, Wilkins seconded the motion, with
the understanding that all conditions outlined in the City Attorney's letter
including the following, will apply:
FINDINGS:
1. The applicant has assured the City that the proposed use does not
create an unusual hazard to the community in terms of the likelihood of an
accident or the likely impact of such an accident.
� 2. The applicant has further assured the City that the proposed use is
unique from other uses involving potentially hazardous chemicals and therefore
does not open the door to all such types of uses.
CONDITIONS: ,
1. All permits shall be acquired from applicable agencies.
2. No gaseous material shall be emitted.
3. No odors shall be emitted.
2
APC Minutes
March 25, 1986
4. There shall be no significant noise.
5. There shall be no effluent.
6. There shall be no by-product to the process.
7. The process is being conducted in Light Industrial settings in other
cities.
8. The process shall be non -explosive.
9. If a leak develops, it shall escape as gas and shall not cause ground
contamination.
10. Detection devices are present in the storage area as well as inside
the building and chlorine is highly detectable in low concentrations and
regulated by OSHA.
11. Small tanks of chlorine are located throughout the City for water
treatment.
12. The use is not any more dangerous than anhydrous ammonia used on
farms or chemicals used by one or more other neighboring businesses.
13. In the event that any spill or accident occurs, the applicant shall
notify the City immediately of such spillage or accident and will state what
measures are being taken to rectify the accident, spillage or emission.
All members voted in favor.
LEXINGTON PLACE SOUTH 3RD ADDITION - PRELIMINARY PLAT
The hearing of Frontier Midwest Corporation for preliminary plat approval
for 10 single family lots in Lexington South Planned Development was convened
by the Chairperson. Dale Runkle indicated that the new plat has been designed
around the existing easement and the homes will contain approximately 1,000
square feet with the style being the same as the others in the general
development. The Lexington Place South 3rd Addition area has been graded and
all lots will exceed the 121,000 square foot minimum code requirement and the
width on the cul-de-sac will vary from 62 feet to 88 feet at the setback line.
%laere will be eight additional lots in the subdivision.
There were questions concerning open space or whether the single family
development should be allowed. Mark Parranto appeared for the applicant and
requested approval. There were no objections to the application.
Member Wilkins discussed the ponding easement on Outlot C and noted that
in March of 1985, the Planning Commission and Council had denied the plat for
the parcel because of the Parks issue and whether the, parcel should be
6v
3
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Twenty -One
PRELIMINARY PLAT/LEXINGTON PLACE SOUTH 3RD ADDITION
D. Preliminary Plat for 10 Single Family Lots on 5.63 Acres,
Lexington Place South 3rd Addition --A public hearing was held
at the Advisory Planning Commission meeting on February 25 and
again on March 25, to consider a preliminary plat application
submitted by Frontier Midwest and entitled Lexington Place South
3rd Addition. The APC continued this item from their February
25 meeting to allow for further research in the history of certain
outlots and also to allow the APRC time for plat review. The
APC is recommending approval of the Lexington Place South 3rd
Addition plat as presented. For additional information on this
item, refer to the Planning and Engineering Department reports
found on pages 0 � through 73 For additional information
on the action that was taken by the APC, refer to a copy of those
minutes found on pages)
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
preliminary plat as presented.
9-
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3
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1
MEMO TO: CHAIRPERSON PAM MCCREA
FROM: JIM STURM
DATE: MARCH 18, 1986
SUBJECT: LEXINGTON PLACE SOUTH 3RD ADDITION
At the February 25 Advisory Planning Commission meeting, this
item was continued - to 1) further research the history of Outlots
A, B & C, and 2) to allow the Advisory Parks & Recreation Commission
(APRC) time to review this plat. (see attached memo) _
The APRC was concerned that Outlots A & C in the original plan
were to be left as open space and Outlot B would provide trail
access to the south. No formal approval/denial motion was made,
but these conditions were recommended if the plat is approved
by the APC.
1) Outlot B provide a trail easement to the south.
2) The developer be responsible for the trailway segment along
Lexington Avenue.
3) The plat be subject to a cash Parks Dedication fee.
JS/j j
Attachment
a-
WIA
a
MEMO TO: DALE C RUNKLE, CITY PLANNER
FROM: JIM STURM, PLANNER I
DATE: MARCH 13, 1986
SUBJECT: OUTLOT "B" LEXINGTON PLACE SOUTH P.D.
There has been a question as to the designated use of Outlot "B"
within the Lexington Place South P.D. Hopefully, this memo will
it clarify this issue. The following will be excerpts from staff
files.
One paragraph from the February 25, 1982, staff report reads:
The proposed plat is scheduled to be reviewed by the Advisory
Park Committee Thursday, March 4, 1982, for their review and
comment. However*, staff _is indicating that the last time the
proposed plat was before the Advisory Planning Commission, there
was a cash contribution per unit recommended and the potential
for a trail connection to the proposed park in this general
neighborhood. This proposed trail connection would thus be
served from the cul-de-sac street to the south. Also, it is the
sr.aff's understanding that the Park recommendation would be a
trail along Lexington Avenue and either a sidewalk or trail
along Duckwood Drive for this proposal. However, formal action
by the Park Committee will be March 4, 1982.
Conditions from the Advisory Planning Commission for preliminary
plat approval were then listed. Condition #5 states:
5) The preliminary plat shall be reviewed by the Eagan Park
Committee and subject to the Park Committee's recommendations.
The minutes from the March 4, 1982, Advisory Parks and Recreation
Committee read:
"Further, that the developer provide a trail easement on the
proposed cul-de-sac in the south portion of the development, east of
the edge of the proposed plat ....."
This item was on the April 20, 1982, City Council meeting and
approval was subject to several conditions including:
3) That the construction in the proposed cul-de-sac south of the
looped road be designated an outlot and no specific street plan
be provided at the present time.
7) The preliminary plat shall be reviewed by thn Eagan Park
Committee and be subject to the Park Committee's recommenda-
tions.
CONCLUSION: Both the Advisory Planning Commission and City Council
approved this plat subject to the Parks Commission approval. The
Parks Commission stated, very specifically, that an easement for
trail purposes be provided east of the cul-de-sac. Therefore,
outlot "B" cannot be entirely used for a single family lot; some
trail easement will be required.
cc: Ke aa
JS/j j n r
MEMO TO: ADVISORY PLANNING COMMISSION
DALE C RUNKLE, CITY PLANNER
FROM: RICHARD M HEFTI, ASSISTANT CITY ENGINEER
DATE: MARCH 18, 1986
SUBJECT: LEXINGTON PLACE SOUTH 3RD ADDITION PRELIMINARY PLAT
ADDITIONAL INFORMATION
This memorandum will hopefully address the concerns the Planning
Commission had regarding the question of drainage and drainage
easement within this proposed development.
The attached diagram shows the area that U.S. Homes (Orrin
Thompson) dedicated to the City for ponding easement. As you can
see, these easements only cover a portion of Outlot C of the
Lexington Place South Addition. The Lexington Place South
Addition's plans do not'show any encroachment onto these
easements.
As for the question regarding drainage problems in this area, the
Engineering Department has not received any complaints or
concerns regarding the pond elevations. The approved grading
plan that U.S. Homes submitted for the Lexington Place South
development shows all the basement elevations for surrounding
homes at a minimum of 3' above the high water elevation.
In light of the above, I feel that there are no drainage problems
or concerns regarding either the easement or the ponding areas
within the proposed Lexington Place South 3rd Addition.
I will be available to answer any questions the Commission may
have regarding this issue at the March 25, 1986, Advisory
Planning Commission meeting.
Re ectfully sub i ted,
Richard M. Hefti P.E.
Assistant City Engineer
AL
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CITY OF EAGAN
SUBJECT- PRELIMINARY PLAT - LEXINGTON PLACE SOUTH
3RD ADDITION
APPLICANT: FRONTIER MIDWEST
LOCATION: SW4, SECTION 14.
EXISTING ZONING: P.D. LEXINGTON SOUTH
DATE OF PUBLIC HEARING: FEBRUARY 25,.-1986
DATE OF REPORT: FEBRUARY 14, 1986
. REPORTED BY: PLANNING & ENGINEERING
APPLICATION: An application has been submitted requesting a
preliminary plat for 10 single family lots in the Lexington South
Planned Development, north of Wescott Rd and east of Lexington
Av.
COMMENTS: Originally this site was intended to be an amenity/pool
area for the residents of the Lexington South Development as
proposed by Orin Thompson. This new plat has been designed around
the existing. easements and the homes will contain approx. •1,000
S.F. with the style being the same as the others in the development.
All 73 lots within Lexington Place 2nd have been sold and 35
are built. The remaining, as well as these proposed lots, should
have occupancy by July.
Lexington Place 3rd has already been graded. The site layout
will create 2 lots fronting on Falcon Way and 8 lots on a new
cul-de-sac connecting to Blue Jay .Way. All lots will exceed
the 12,000 S.F. code requirement. The width on the cul-de-sac
lots vary from 62' to 88' -at the setback line. Lots 4 & 5 (along
Falcon Way) exceed all R=1 code requirements.
GRADING/DRAINAGE: The existing topography over this site is
fairly flat with slopes generally less than 5%. The main grading
consideration will be to maintain a 2' vertical grade separation
between the high water elevation for Pond JP -46 and Pond JP -62.
Pond GP -45 borders the eastern edge of this parcel and has a high
water elevation of 897.3. Pond JP -62 borders the westerly
portion of this development along Lexington Avenue and has a high
water elevation of 895.5. As a result, the minimum basement
elevations for Lots 1 through 6 should be 899.3, while the
minimum basement elevations for Lots 7 through 10 should be
897.5.
This development will not require constructing any subsequent
downstream trunk storm sewer.
UTILITIES: An 8" sanitary sewer line serving the Lexington Place
South Addition north of this site almost bisects this
development. The sewer is deep enough and has sufficient
capacity to allow this development to construct services off of
it. The water main will have to be looped from Blue Jay Way to
connect to the existing 4" water main at the north end of Lot 4.
Staff does not recommend removing the existing 4" line to Falcon
Way and replacing it with a 6" line for the following reasons:
1. The head loss through this short section of pipe is not
significant.
2. The 4" main will provide the looping benefit with the
6" main providing the fire flow and direct usage
benefit.
STREETS: Blue Jay Way borders this development on the north and
Falcon Way borders Lots 4 and 5 of this development on the south.
Both streets are built to their ultimate residential design
standards.
The cul-de-sac off of Blue Jay Way is how the applicant proposes
on accessing Lots 1 through 3 and 6 through 10. This cul-de-sac
is within City Code for length.
PERMITS: This development will be responsible for obtaining the
necessary approvals from the Department of Health for the water
main extension. Because only sewer services are necessary, it
will not be necessary to obtain MPCA approval.
RIGHT-OF-WAY/EASEMENTS: The applicant proposes to dedicate a
50' right-of-way street with a 55' radius cul-de-sac. The code
requires a 60' radius for cul-de-sacs. However, staff would
recommend that the Commission consider the 55' radius request in
this instance for the following reasons.
1. A 60' radius would push Lots 8 through 10 closer to
Pond JP -62 and Lots 3, 6 and 7 closer to the platted
lots within Lexington Place South Addition.
2. The 55' radius still allows for a 10' boulevard which
meets the Engineering Department's minimum requirements
for boulevards. q
This development would be responsible for dedicating a 20'
utility easement over the water main not constructed within City
right-of-way.
ASSESSMENTS: City assessment records indicate all trunk area
related assessments over this site were spread over all the lots
within the Lexington Place South Addition, thereby completing
this development's responsibilities for trunk area related
assessments.
All costs associated with the internal sanitary sewer services,
water main and services, and street will be the sole
responsibility of this development.
The new development will be responsible for 1/4 of the
residential equivalent street assessment rate along Lexington
Avenue for future improvements to Lexington Avenue. The 1/4
residential equivalent rate is being applied to all new R-1
developments which do not—take direct access onto but abut
arterial streets. At the 1986 rates, ---this would amount to $3,283
(389 f.f. x $8.44/f.f.).
Staff
will
determine
the final amount using the rates in effect
at the
time
of final
platting.
CONDITIONS
1. To suit the necessary freeboard requirements, the minimum
basement elevation shall be 899.3 for Lots 1 through 6 and
897.5 for Lots 7 through 10.
2. This development shall loop the water main from Blue Jay Way
to the existing water main on the north end of Lot 4.
3. This development shall be responsible for complying with all
standard engineering requirements that are applicable.
4. This development shall dedicate a 20' utility easement over
the water main not located within such right-of-way.
5. This development shall be responsible for lateral street
assessments for Lexington Avenue at 1/4 the residential rate
in effect at. th`e time of final platting.
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city of eagan
EDPUBLIC
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DEPARTME
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SUBJECT PARCEL
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STORM SEWER
;73
MASTER PLAN
FIG. +1
approved- standard -
plate #:
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SUBJECT PARCEL
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STORM SEWER
;73
MASTER PLAN
FIG. +1
approved- standard -
plate #:
APC Minutes
March 25, 1986
4. There shall be no significant noise.
5. There shall be no effluent.
6. There shall be no by-product to the process.
7. The process is being conducted in Light Industrial settings in other
cities.
8. The process shall be non -explosive.
9. If a leak develops, it shall escape as gas and shall not cause ground
contamination.
10. Detection devices are present in the storage area as well as inside
the building and chlorine is highly detectable in low concentrations and
regulated by OSHA.
11. Small tanks of chlorine are located throughout the City for water
treatment.
12. The use is not any more dangerous than anhydrous ammonia used on
farms or chemicals used by one or more other neighboring businesses. -
13. In the event that any spill or accident occurs, the applicant shall
notify the City immediately of such spillage or accident and will state what
measures are being taken to rectify the accident, spillage or emission.
All members voted in favor.
LEXINGTON PLACE SOUTH 3RD ADDITION - PRELIMINARY PLAT
The hearing of Frontier Midwest Corporation for preliminary plat approval
for 10 single family 'lots in Lexington South Planned Development was convened
by the Chairperson. Dale Runkle indicated that the new plat has been designed
around the existing easement and the homes will contain approximately 1,000
square feet with the style being the same as the others in the general
development. The Lexington Place South 3rd Addition area has been graded and
all lots will exceed the 12,000 square foot minimum code requirement and the
width on the cul-de-sac will vary from 62 feet to 88 feet at the setback line.
Vaere will be eight additional lots in the subdivision.
There were questions concerning open space or whether the single family
development should b'e allowed. Mark Parranto appeared for the applicant and
requested approval. There were no objections to the application.
Member Wilkins discussed the ponding easement on Outlot C and noted that
in March of 1985, the Planning Commission and Council had denied the plat for
the parcel because of the Parks issue and whether the_ parcel should be
7�
3
APC Minutes
March 25, 1986
retained as open space. The Park Committee has now reviewed the application
and recommended the trail easement be installed by the developer. Mr.
Parranto mentioned that the ponding capacity will be retained as requested by
the City. There was also a question about whether the soil will be
sufficiently stable to construct homes and Mr. Parranto stated that soil
compaction standards must be met by HUD standards.
There was review of the lot widths at the setback with the minimum of 62
feet and also the trail along Lexington Avenue, adjacent to the property, will
be the responsibility of the developer. -Mr. Parranto also noted that the
developer will install a trail south of the development through Outlot B.
Wilkins moved, Trygg seconded the motion to recommend approval of the
application, subject to the following conditions:
1. The minimum basement elevations shall be 899.3 feet for Lots 1 through
6 and 897.5 feet for Lots 7 through 10 in order to suit the necessary
freeboard requirements.
2. This development shall loop the water main from Blue Jay Way to the
existing water main on the north end of Lot 4.
3. This development shall be responsible for complying with all standard
City engineering requirements that are applicable.
4. This development shall dedicate a 20 foot utility easement over the
water main not located within such right-of-way.
5. This development shall be responsible for lateral street assessments
for Lexington Avenue at 1/4 the residential rate in effect at the time of
final platting.
6. The Planned Development Agreement shall be amended to provide for the
change in the plan including an amendment to the Planned Development if
required.
7. Outlot B shall provide a trail easement to the south.
8. The developer shall be responsible for the trailway segment along
Lexington Avenue, including Outlot B and the area south of this development.
9. The plat shall be subject to a cash Parks Dedication fee.
a
10. Each house shall be designed so that no further variances will be
required.
All members voted „yes.
75
4
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Twenty -Two
VARIANCE/SUN CLIFF FOURTH ADDITION
E. Two -foot Variance to 10 -Foot Sideyard Setback Requirement,
Lot 5, Block 3, Sun Cliff Fourth Addition --An application was
received by the Planning Department for a two -foot sideyard variance
for Lot 5, Block 3, Sun Cliff Fourth Addition fronting on Eagle
Crest Drive. Enclosed on pages through is a copy
of the Planning Department report on this item.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
variance as submitted.
i
76
4
CITY OF EAGAN
SUBJECT: VARIANCE
APPLICANT: WESLEY CONSTRUCTION
LOCATION: LOT 5, BLOCK 3, SUN CLIFF 4TH ADDN., NWa, SEC 25
EXISTING ZONING: P.D. SINGLE FAMILY
DATE OF PUBLIC HEARING: APRIL 1, 1986 ---
DATE OF REPORT: MARCH 25, 1986
REPORTED BY: JIM STURM
APPLICATION: An application has been submitted requesting a
2' side yard variance for Lot 5, Block 3, in the Sun Cliff 4th
Addition fronting on Eagle Crest Drive.
COMMENTS: A 2' side yard variance is needed because a dwelling
area is above the garage. The garage itself would have exceeded
the code minimum setback of 5'. The proposed setback will be
8' from the northern property line. If the house was shifted
to the south, that dwelling side would not meet the 10' side
setback. There will be 20' between the proposed house and the
existing one to the south and 18' to the house on the. north.
If approved, this variance shall be subject to all applicable
ordinances.
42 88 En -51e Crest Ar%%/e -#
FOR: -WESLEY 'CONSTRUCTION
NOTE:
o Denotes Wooden Stake
Proposed Garage Floor E1.=913,1
(giz.s ) Denotes Proposed
Finished Ground E1.
--No Denotes Direction -
Of Surface Drainage
Vertical Datum - N.G.V.D. 1929
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C. K. WINDEN & ASSOCIATES, INC.
LAND SURVEYORS TOL 646.3646
11761 EUSTIS ST., ST. I!AUL, MINN. 1561109
Scale: V-30'
e Denotes Iron
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Bearings Are Assumed.
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Lot 5, Block 3, SUN CLIFF FOURTH ADDITION,
Dakota County, Minnesota.
WE HERESY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE
BOUNDARIES OF THE LAND ABOVE' DESCRIBED AND OF THE LOCATION OF All BUILDINGS. IF ANY,
THEREON, AND All VISIBLE ENCROACHMENTS, IF ANY, FROM OR ON SAID LAND.
Oaf" thisZ94 day of �� A, O. 1• S(. C' R. DEN 3 ASSOCIATES, INC.
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Surveyor, Minnesota Registration No Ufa
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Agenda Information Memo
April 1, 1986, City Council Meeting
Page Twenty -Three
SPECIAL PERMIT/TEMPORARY MOBILE HOME
F. Special Permit for Temporary Parking of Mobile Home --An
application was submitted to the Planning Department for a special
permit to allow the temporary parking of a mobile home. The
Planning Department report is found on -pages ?/ through g3
ACTION TO BE CONSIDERED ON THIS ITEM:
temporary special permit as presented.
To approve or deny this
0
1"]
L
CITY OF EAGAN
SUBJECT: SPECIAL PERMIT
; APPLICANT: JOSEPH STEININGER
LOCATION: NW a, SEC 12 (670 LONE OAK ROAD)
EXISTING ZONING: A'(AGRICULTURAL)
DATE OF PUBLIC HEARING: APRIL 1, 1986 --
DATE OF REPORT: MARCH 25, 1986
REPORTED BY: JIM STURM
APPLICATION: An application has been submitted requesting a
special permit to allow the temporary parking of a mobile home
in the NE k of Section 12.
COMMENTS: The proposed 8' x 36' fifth wheel, mobile home will
be located on approximately 11 acres of private agricultural
property. This trailer, to be on the site from April 15 - October
31, 1986,. will house additional summer helpers for Steininger
Construction. The mobile home will be 400' south of Lone Oak
Road approximately 1/4 mile east of Highway 149. The existing
drive to the single-family home will be used for this mobile
home and no grading will be necessary.
CONDITIONS:
1) The temporary special permit be from April 15 - October 31,
1986, only.
A-
a
n x
A
A. Area A s Temporary parking area for trailer.
(April 15, October 31) (,566 Fop
B. Area B : Existing driveway to 670 Lone Oak Rd.
C. Area C : 670 Lone - Oak Rd.
D. No contour chansres required to property.
Area C
A.
f3
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Twenty -Four
PRELIMINARY PLAT EXTENSION/SPLASHLAND WATER PARK
G. Preliminary Plat Extension for One Year, Splashland Water
Parks --The Planning Department has received a request from Tom
Webster for a one-year extension of his preliminary plat for
Splashland Water Parks. Planning Aide Dykstra has processed
the request and has stated in a memo transmittal to this office
that the preliminary. plat is within the Splashland Water Park
planned development which was approved for a five-year period
in early 1985. The original preliminary plat approval will expire
on April 16, 1986 and therefore a one-year extension would be
until April 15, 1987.
Enclosed on pages through j?(0— is a copy of a letter
submitted to the Planning Department by Tom Webster.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
preliminary plat extension for one-year to Splashland Water Parks
Inc.
R
am
D
0
r
March 24, 1986 -
Mr. Dale Runkle
Planning Director
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: Splashland Project
Mr. Runkle:
As you are aware, preliminary plat approval for Splashland
Waterpark was given on April 16, 1985. The City has required
that final plat approval be received not later than April 16,
1986. I would like to obtain an extension from the City allow-
ing us to obtain the final plat approval on or before April 16,
1987.
We have been working diligently in an effort to move the project
along to a point where construction could begin. Our most time
consuming delay has been reaching a mutually beneficial agree-
ment with prospective financiers. Although we have had a number
of opportunities presented to us, none of those opportunities
were acceptable to us inasmuch as they interfered to a material
degree with our ability to control the quality and direction of
the project. As you are aware, we are unwilling to participate
in a project which is not done on a first-class basis.
We have recently reached a handshake agreement with a party
who will be taking a co -development role and providing a
substantial amount of money for the project. This agreement
is currently being reduced to writing, and should be consummated
within 30 days. We have also allotted 90 days after the sign-
ing of this agreement to be able to agree upon final terms with
amour institutional lender. For the above reasons, it is not
likely that we would be able to start construction in the spring
or early summer of 1986.
We do plan to complete our financial program during the summer
of 1986; starting construction thereafter and completing
grading, utilities, and the buildings during the fall of 1986.
This will permit us to complete construction in early spring of
1987 with a tentative opening date of May 23, 1987.
page two
March 24, 1986
I want to reassure you about my intensions with respect to the
project. I have concentrated all of my efforts in the past
year negotiating and planning for the development of this
project that I feel the City of Eagan as well as the Twin
Cities, will be proud of. Concurrently I have personally
committed $800,000 dollars to the development of Splashland.
In addition to the agreement referred to above, I have been
working with a group of registered broker-dealers, that at
this time are also preparing an offer in which they feel will
have more advantages to me. They wish me to consider their
offer before signing the other agreement.
I remain most enthusiastic about the project, as it seems
now more than ever to be realistically within our means and
ability to develop the property in question as a recreational
waterpark. I have been and continue to receive enthusiastic
support from our technical consultants, marketing consultants,
suppliers, and legal and accounting people as well as friends
and acquaintances. Other than completing our financing package,
we foresee no obstacles whatsoever.
If you need any additional information in order to process our
application for an extension, I would appreciate it if you
would contact me and or my attorney, Larry Berg at Fredrikson
and Byron. I would be more than happy to answer any questions
which you may have. I do know that Larry Berg needs to be
advised by the City staff of what additional steps must be
taken by Splashland Waterparks, Inc. in order to obtain the
extension in question.
Larry Berg
Fredrikson and Byron
office 347-7052 ,
Very truly yours,
1�7/ r
L
Tom Webster
office 854-0990
home 894-5192
Agenda Information
April 1, 1986, City
Page Twenty -Five
Memo
Council Meeting
OSMANN SHRINE GAMBLING LICENSE
H. Osmann Shrine Temple Gambling License Application --The Osmann
Shrine Temple submitted a gambling license application for review
and consideration by the City. According to the new state law,
the City has 30 days to approve or deny the application. No
action within this time period is regardedby the state as approval.
According to the Director of Finance/City Clerk, gambling licenses
are issued on an annual basis from the date of issuance. There
is no provision for "even only" license under current law, although
there are bingo exemptions for groups having less than four (4)
events per year and raffles in which total cumulative prizes
are under $750 per year.
The Eagan Lions Club has a Class B license that was approved
on January 21, 1986 that is currently in place. On March 19,
1985, the City Council denied the application of the Minnesota
North Star Chapter of the National MS Society for the Valley
Lounge. At that time, a major consideration was made by the
City regarding the inability to police gambling in an establishment
holding a liquor license. The only difference between the Osmann
Temple and the Valley Lounge is the tax status and the Osmann
Temple is a club as opposed to an on -sale which is open to the
public.
The Osmann Temple has submitted a letter which explains the reason
for the gambling application; please see the attached on pages
through 076)
g The City Council may want to formulate a policy
on these aFplications as they relate to locations of activities
and applicants. The City Code update incorporating the new state
law will refer to a policy adopted by the City.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
gambling license application for the Osmann Shrine Temple.
To approve or deny a policy for the granting of gambling licenses.
It
a
0
.t .1 •k
yf �
Michael D. Wilk
Potentate
City of Eagan
Gentlemen:
t+'
L. R. "Larry" Stahl, P.P.
Recorder
March 26, 1986
Attention: Tom Hedges
City Administrator
This letter is in response to the verbal request of the City Clerk of
Eagan, Minnesota; on the gambling application for Osman Temple to con-
duct the following:
(1) Pulltabs
(2) Raffles
(3) Bingo
Our organization will be conducting pulltabs in our bar area exclusively
for its members and guests only. We shall not offer for sale these items
to the general public.
Under raffles, we understand by Minnesota state law we are permitted to
sell raffle tickets to the public. The raffle drawing would have to be
held in our facility. We would be offering the sale of alcoholic
beverages only to our members and their guests.
Under our application for bingo, we intend on looking into possibly
having bingo on Sundays and Mondays in our lower level banquet room.
Since we have a club license for the sale of alcohol, we by law cannot
sell any alcoholic beverages to the general public. Our intention is
not to offer any alcoholic beverages to our members or their guests,
as well as the general public, during bingo games. Under our house
rules, we shall not permit any alcoholic beverages to be brought into
the banquet room during bingo sessions.
-In response
to the City Clerks question as
to what makes Osman Temple
different from a privately
owned bar,
(1) We are
a fraternal organization with dues
paying membership.
G. Robert lagusch
Fred J. Keller
George Toby
Dennis L. Ondracek Merlin H. Kvaal
Chief Rabban
High Priest & Prophet
Treasurer
Second Ceremonial Master Captain of the Guard
Peter S. Ekholm
Marvin Edelstein
Harry M. Mickelson
David 1. Hawkins I.P. "lack" Mueller
Assistant Rabban
Oriental Guide
First Ceremonial Master
Marshal Outer Guard
2750 Sibley Memorial Highway
St. Paul, Minnesota 55121
6121452-5660
City of Eagan -- Tom Hedges
City Administrator - 2 - March 26, 1986
(2) We only permit in our facility dues paying members and their guests.
(3) We have a club liquor license which under Minnesota state law
states that we can only sell to our own members and their guests.
As requested by your City Clerk as to what our intentions of using the
proceeds from lawful gaming are:
(1) To improve and maintain the present facilities.
(2) A portion to be distributed for the benefit of our philanthropic
endeavors and local charities.
We intend on doing all of this under the guidelines of the Minnesota
state charitable gambling control board as well as under Minnesota
state statute 349.212.
Please find enclosed a listing of our proposed club rules as required
by Minnesota state law as well as the internal controls structure
required under Minnesota state law.
cc: Solly Robins
i
Very truly yoursX�� xj- ),
Michael D. Wilk
Potentate
z
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Twenty -Six
CONTRACT 85-21, DESIGN DEVELOPMENT APPROVAL
A. Contract 85-21, Design Development Approval (Maintenance
Facility Expansion) --On February 18,1986, reviewed in detail
the concept design plans for the Maintenance Facility expansion
and remodeling. With that approval, Boarman Architects proceeded
with construction detail designs which have now been completed
and will be presented to the Council for their review and approval.
If this detail design development is approved, the architect
will then proceed with detailed plans and specifications and
a final cost estimate necessary for solicitation of competitive
bids. A representative of Boarman Architects Inc. will be at
the meeting to review and- discuss any questions or concerns that
Council ma- have at this stage of planned preparation. Enclosed
on page is an updated, revised schedule for the completion
of this expansion and remodeling.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the -design
development for Contract 85-21 (Maintenance Facility expansion/re-
modeling) and authorize the preparation of detailed plans and
specifications.
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Agenda Information Memo
April 1, 1986, City Council Meeting
Page Twenty -Seven
REVIEW CURRENT POLICY/TEMPORARY ADVERTISING SIGNS
B. Review of Current Policy for Temporary Advertising Signs --The
City staff was directed, at a recent City Council meeting, to
inventory all temporary advertising signs on major collector roads
throughout the city. Further action taken at the January 7, 1986,
City Council meeting directed the City staff to prepare options for
revisions to the sign ordinance and sign policy concerning advertis-
ing directional signs.
Procedure requiring acceptable maintenance conditions has been
established by the Protective Inspections Department along with an
inventory that was completed and copied to each member of the City
Council during early March. There are many regulatory alternatives
to review, however, the three (3) options listed in the Chief
Building Official's Report were as follows:
Option 1. Leave the City Code 4.20 subdivision 1C9 and allow
the City Council to grant special permits using the
criteria of City 4.20 subdivisions 2 & 3 which
establish setbacks and standards.
Option 2: Limit temporary signs to a one-year maximum time
span, limited to Eagan developments only, area
limitation of 24 sq.feet, limit top edge of sign at
9 feet above street level, limit bottom edge of sign
to 6 feet above st-ree_- level, a limit of two (2 )
signs per intersection corner, and a minimum of 50
feet separation between signs.
Option 3: An immediate moratorium on all temporary advertising
signs and phase out existing signs as permits
expire.
Enclosed on nage is a copy of the sign survey of 31 inter-
sections in Eagan. If any member of the City Council has misplaced
the specific sign locations, an additional copy can be made avail-
able. `
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or suggest a
regulatory change for the control and issuance of temporary adver-
tising signs.
.01
SIGN SURVEY OF THIRTY ONE INTERSECTIONS IN EAGAN
Hwy 149 -& Lone Oak Rd --
No
sign
Hwy 149 -& Yankee Doodle -
1
sign
( 3 sised, in sw corner
Dodd Rd -& Diffley -
2
"
( SW corner )
HwY 3 -& Diffley -
1
"
( SW corner, Homeowners Produce for sale) no permit
Cliff Rd-& Hwy 3 -
1
"
( SW corner )
Cliff Rd & Dodd Rd -
2
"
( 1 in NW, 1 in NE corner)
Cliff Rd & Lexington -
2
"
( NE corner )
Cliff Rd & Pilot Knob -
3
"
( NW corner-
ornerCliff
CliffRd & Thomas Lake -
3
"
( 1 in NE , 2 in hV corner )
Cliff Rd & Safari/ B H -
2
"
( 1 in NE , 1 in S.E corner )
Cliff Rd & Johnny Cake -
1
"
( SE corner )
Cliff Rd & Galaxie -
1
"
(SE corner )
Cliff Rd & Rahn Rd -
3
"
( 3 in NE corner )
Cliff Rd & Nicols -
2
"
( 1 BP in NE corner, 1 BP in SE Corner )
Cliff Rd & Slater -
1
"
( 1 in SW corner Service station sign pending)
Cliff Rd & Cinamin Ridge -
D
"
( no sign )
Cedar Ridge & Shale -
0
"
( no sign )
Blackhawk & Hwy 30 -
3
"
( 3 in SW corner)
Diffley & Thomas Lake -
2
"
( 1 in NW , 1 in NE corner )
Diffley & Pilot Knob -
5
"
( 2 in NW, 3 in NE corner )
Beerwood & Pilot Knob -
3
"
( 1 in NE corner , 8 2 in BE corner Should be remo-
Diffley & Lexington -
7
"
( 1 in NE corner , 6 in SE corner )
Diffley & Trenton -
4
"
( l.in SE corner, on Right/a/way & 3 signs in SW co
Wescott & Lexington -
2
"
( 2 in NW corner )
Yamkee Doodle * Lex. -
5
"
( 1 Nod, 1 SW, 3 5E & 1 in NE corner )
Yankee Doodle &Pilot Knob-
0
"
( 2 pylon signs , Hotel and Super America )
Yankee Doodle & Hwy 13 -
0
"
Four Oaks & Hwy 13 -
1
"
( ! sign NE corner)
Lone Oak & Hwy 13 -
0
"
Lone Oak & Pilot Knob -
1
"
( Blackhawk Glen - No permit )
Lone Oak & Lexington -
3
"
( 2 in SE , 1 in NE corner )
Summary
1 intersection, 7 signs
2 " 5 "
1 4 �►
6 3 t�
7 2 "
8 n 1 n
6 " 0 "
Total 31 intersections
61
signs
93
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Twenty -Eight
I-494 CORRIDOR STUDY
C. Consideration of Consultant Study of I-494 Corridor Study --The
City of Eagan has received a letter from the Metropolitan Council
stating that I-494 will require improvements because of the existing
and expected development in the Metropolitan Area. The letter also
indicates that the Met Council and Mn/DOT have discussed the need
for an I-494 corridor study to develop a design concept for
transportation facilities in the corridor that is supportive of good
economic development in the Metropolitan Area. The consultants'
study is divided into a first impact and secondary impact area. If
the City of Eagan were to participate as a secondary impact area the
contribution would be $7,500. The Director of Public Works and City
Administrator have reviewed the report, and Assistant City Engineer
Hefti has represented the City at a recent meeting to review the
proposed corridor study. It is the opinion of the staff that the
expenditure and participation in the study at this time is not
cost-effective.
For additional information on the item refer to aetter and report
that is enclosed for your review on pages ��,through /43 .
Assistant City Engineer Hefti and the CityAdministrator will
provide more comments at the meeting on Tuesday. The City of
Mendota Heights decided not to participate in the study at a -recent
City Council meeting held on Monday, March 24, 1986.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny partici-
pation in the consultant study of the I-494 Corridor as requested
by the Metropolitan Council.
V
D
,-I
A
711IN CITVV7; .
February 26, 1986
Bea Blomquist
Mayor, City of Eagan
3830 Pilot Knob Road
Eagan, Minnesota 55122
Dear Mayor Blomquist:
Metropolitan Council
300 Metro Square Building
Seventh and Robert Streets
St. Paul, Minnesota 55101
Telephone (612) 291-6359
The Metropolitan Council has known for many years that I-494 will require
improvements because of the existing and expected development in the
Metropolitan Area. Recent development proposals in the area; such as the Mall
of America and the Homart Development, have further called attention to the
need for improvements.
Over the past few months, the Council and the Minnesota Department of
Transportation (Mn/DOT) have discussed the need for an I-494 corridor study to
develop a design concept for transportation facilities in the corridor that is
supportive of orderly and economic development in the Metropolitan Area. The
study is not intended to replace the environmental and final design work that
would be necessary prior to the implementation of any major improvements in the
corridor.
The Regional Transit Board (RTB) has agreed to participate since transit may
play a substantial role in this corridor.
It is also very important that the local communities participate in the
effort. I have attached a proposed study outline delineating the objectives and
organization 'as well as the tasks to be completed. This outline shows the
significant role of the communities in all aspects of the study, including
participation on the project management team, assisting with citizen
involvement and land use analysis, and financial participation.
To complete a study of this size by June 1987 will require consultant services
to supplement the staff commitment of the participants. The level of funding
for consultant services would be $150,000 - $200;000. Commitments have already
been made by Mn/DOT for $502000, Council for $20,000 and the RTB for $202000-
25'-,000. As full participants, Hennepin County and the municipalities in the
primary impact area are being asked to contribute $15,000 for consultant
services. Those municipalities in the secondary impact area have the option of
limited participation on the project management team with a partial
contribution of $7,500 toward consultant services.
Since the early 1970s the Council, state and county highway agencies, and
affected municipalities have joined resources to conduct several corridor or
subarea studies. These include the Northtown Corridor Study, Northeast Area
0
An Equal Opportunity Employer
Study and the 494/100/Southdale (DMJM) Study, which included Edina, Richfield
and Bloomington. Within the past three months, a TH 7 Corridor Study has begun
with staff and financial participation of six adjacent communities as well as
the Council and Mn/DOT. The precedent is therefore well established in this
Metropolitan Area for affected agencies and municipalities to participate in
all aspects of corridor studies.
I urge your community to formally commit to participate in this study as soon
as possible. The benefits to your community of having a design concept plan
for I-494 could be substantial, especially in these times of increasing
transportation needs and decreasing resources. For your convenience, I have
attached a sample resolution, but please feel free to draft your own.
I look forward to your response.
Sincerely,
SandraS. ardebring
Chair
cc: Tom Hedges, Administrator `
Attachment
SSG:dpf
MY
February 20, 1986
Metropolitan Council of the Twin Cities Area
300 Metro Square Building, 7th and Robert Streets
St. Paul, Minnesota 55101 Tel. 612 291-6359/TDD 291-0904
I-494 CORRIDOR STUDY OUTLINE
I-494 was one of the first Interstate Highways constructed in the
metropolitan area. The design of an interstate highway is typically based
on 20 year traffic projections. The original I-494 four lane freeway was
expanded to 6 lanes east of Highway 100 in the mid- 1960's so even the
upgraded road is reaching the end of this 20 year period.
The Metropolitan Council has known for many years that I-494 will require
improvements because of the expected development in the south and southwest
portions of the metropolitan.area. Our Long -Range Transportation Plan
recognizes the need to increase the carrying capacity of I-494 to the
equivalent of 6 lanes west of Highway 100 to Highway 169 in Eden Prairie.
It also identifies the need to upgrade interchanges at Cedar Avenue and
24th Avenue. Further improvements were also identified in the Airport
South Study conducted by the city of Bloomington. Recent development
proposals in the area, such as the Mall of America and the Homart
Development, will only accelerate the need for improvements.
A. PURPOSE OF THE STUDY
To develop a design concept for the transportation facilities in the I-494
corridor supportive of orderly and economic development in the southern and
southwestern portions of the Metropolitan Area.
The study is not intended to replace the environmental and final design
work that would be necessary prior to the implementation of highway
improvements in the corridor.
B. OBJECTIVES
Three major objectives are expected to be achieved with the proposed I-494
Corridor Study:
- To produce an ultimate design concept for the metropolitan roadways in
that corridor.
- To identify development levels and land -use types compatible with the
proposed transportation infrastructure.
- To recommend a strategy (i.e. timetable and funding mechanisms) for
implementation of the proposed transportation improvements.
Achieving those three objectives could establish a pattern for other future
corridor studies.
97
C. PROJECT ORGANIZATION
- The Metropolitan Council, the lead agency for the study, would provide
the project manager and staff support equivalent to one to two full-
time additional employees. Staff support would relate to
transportation policy, land use and other issues.
- Mn/DOT, a partner in the study, would provide two full-time equivalent
employees to support areas of the study such as right-of-way issues,
geometries and highway design, cost estimates, highway operations.
- The Regional Transit Board (RTB) also a partner in the study, would
primarily provide input with respect to_transit options associated
with the alternative design concepts considered for the I-494
corridor.
- The affected municipalities would also participate in the study. They
would provide staff support particularly in the area of land use
analysis (i.e. inventories, zoning, etc...) and would be included in
the overall management of the study.
- A staff team made up of representatives from the Council, Mn/DOT and
the RTB would constitute the core technical group in the study. This
working group would meet informally, probably on a weekly basis.
- A Project Management Team (PMT) made up of representatives of all of
the above parties would provide direction to the study. Each -
participating agency or municipality would have 2 PMT members, one
staff and one elected official, and 2 votes. This group would meet
more formally, probably monthly, with specific agendas, minutes,.etc.
- Consultant services would be retained to perform some of the technical
tasks, as suggested in attached Phase II outline.
- Citizen participation would be handled by each municipality, who best
know the local needs, with technical support from the staff team.
D. TASK DESCRIPTION
Phase I (December, 1985 - March, 1986)
Phase I will be initiated by the Council, Mn/DOT and the RTB staff. As soon as
local community participation is clearly defined, representatives from those
communities will also be brought into the process.
During Phase I, the Council will be represented by the project manager, Connie
Kozlak and by Nacho Diaz. The project manager will be primarily responsible
for preparing a study design and a request for proposals, and will also
participate in all other tasks.
During Phase I, Mn/DOT will be represented by Duane Brown, Fred Tanzer, Glen
Carlson and Dick Elasky. Other resources will be available -on request to
address issues requiring specific expertise. The RTB will be represented in
Phase I by Judith.Hollander and Katie Turnbull. Once local communities
participation is ensured, representatives from those communities will be asked
to provide input for the study design defining the project and for the corridor
definition task.
a
Tasks
s
1. Define project organization
2. Secure funding for study
3. Prepare study design and request for proposals
4. Define consultant selection process
The Metropolitan Council will be the contracting agency with the
consultant. The selection of consultant will be made following the
standard Council's contracting process which takes about 4 months.
This process typically includes the following steps:
- Contract initiation and request for proposals (RFP) preparation
- Issuance of RFP's
- Evaluation of proposals/Selection of consultant
- Council approval
- Contract drafting and execution
The evaluation of proposals will be done with the involvement of the
participating agencies.
5. Corridor definition
o Geographical boundaries/participating communities
The following muncipalities directly affected because of their
geographical location should be contacted to participate in the
study:
- Bloomington
- Eagan
- Eden Prairie
- Edina
- Mendota heights
- Minnetonka
- Richfield
Other agencies directly affected, Hennepin County and the
Metropolitan Airports Commission, should also be invited to
participate in the study.
Other agencies which could be affected, Inver Grove Heights,
Apple Valley, Burnsville, Dakota County, Minneapolis and St. Paul
will also be notified of the study.
o Major transportation facilities (including intersecting roadways)
A primary impact area can be defined from CSAH 62 on the west to
T.H. 5 on the east where major capital improvements might be
expected. A secondary impact area beyond these termini, can be
defined between CSAH 62 and I-394 in the west and between T.H. 5
and I -35E in the east. These termini were selected on the basis
of traffic volumes and previous recommendations of the
Transportation Policy Plan. aZ2
In the definition of the travel shed for the I-494 corridor,
other major roadways such as CSAH 18, T.H. 77, I -35W, T.H. 100
will also have to be considered. The width of the corridor needs
to be determined; it should probably include CSAH 62 Crosstown.
Phase II (March, 1986 - June, 1987)
Phase II will be conducted according to the study design developed in Phase I,
which will probably include the following tasks.
Phase II would be carried out by the various participants and consultant under
the overall direction of the Project Management Team and Project Manager. A
first cut at dividing the primary responsibilities for the proposed tasks is
described below.
Task Primary Responsibility
1. Land Use Analysis Metropolitan Council
and Municipalities
o Existing land -use inventory
o Comprehensive plan and zoning review
- Vacant land
- Underdeveloped land
- Major current proposals (i.e. Homart, Mega -mall...)
o Modified future land use file (population, employment,
household)
2. Travel Forecasts
o Existing traffic volumes/transit ridership
o Year 2000/Year 2010 traffic volumes/transit ridership
o Modified 2010 traffic volumes/transit ridership based
upon different development scenarios
o Capacity restraint assignments
o Feedback to land -use scenarios/Development Constraints
3. Physical Constraints/Operational constraints
o Right-of-way availability and cost
o Interchange spacing
o Levels of service options
o Transit service level and type options
o Environmental considerations
o Socioeconomic impacts
4. Policy Consideratiqns
o Development Framework Policies
o Roadway system constraints
- Metropolitan highway system needs
- Non -metropolitan highway system needs
- Highway/Transit Policy consideration and needs
- Funding availability/sources
- System continuity and balance
o Relationship to other regional systems /
Mn DOT/RTB/M.C.
Mn DOT/M.C.
Consultant
Consultant
Consultant
Mn DOT/Consultant
Mn DOT/Consultant
Mn DOT/Consultant
RTB/Consultant
All
All
Limited involvement
of consultant
M.C.
M.C./MnDOT/Henn.Co.
Municipalities/
Henn. Co.
RTB/Mn DOT
M.C./Mn DOT
M.C./Mn DOT
M.C.
1
Task
5. Alternative design concepts (definition and costs)
o Existing and committed system
0 8 lanes/6 lanes freeway (metered)
- with HOV
- with other transit options (local circulation,
metering, ridesharing, LRT, etc.)
- without HOV or other transit options
o Other design options (both highway and transit)
o Other Metropolitan Highways within Corridor
o Non -Metropolitan Highways within Corridor
6. Roadway Design Concept Development
o Evaluation Criteria Development
o Evaluation of Alternatives
o Design Concept Development
o Implementation Strategy
7. Land-Use.Recommendations
E. PERIOD OF PERFORMANCE
Primary Responsibility
Consultant,
Mn DOT/RTB would
have significant
review
Consultant
M.C./Municipalities
Phase I of the study will be completed by March 1, 1986. Phase II of
the study would be completed by June 1, 1987.
F. FUNDING
The study would be funded by all the agencies and municipalities
participating in the project. The level of funding for consultant service
would be $150,000 - 200,000.
JM964A
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Sample -
Resolution to Fund the I-494 Study
WHEREAS, I-494 was one of the first Interstate Highways constructed in the
metropolitan area twenty-six years ago; and
WHEREAS, the Metropolitan Council, Mn/DOT, RTB, Hennepin County and affected
municipalities recognize the need for improvements to I-494 to serve
existing and expected development in the south and southwest portions
of the metropolitan area and thus have proposed an I-494 Corridor
Study be conducted; and
WHEREAS, a study outline has been prepared showing the objectives and
organization of such a study as well.as the tasks to be completed; and
WHEREAS, such a study will require $150-200,000 of consultant services to
supplement the staff commitment of the participants, $90-95,000 of
which has been committed by Mn/DOT, Metropolitan Council and the
Regional Transit Board, if Hennepin County and the municipalities in.
the primary impact area each contribute $15,000;
THEREFORE, BE IT RESOLVED that the City of commit to participation in
the I-4914 Corridor Study and contribute $15,000 toward consultant
services for the study.
Passed and adopted by the City Council this day of March, 1986.
1a 3
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Twenty -Nine
TOLLEFSON BUILDERS INC/STIPULATION AGREEMENT
D. Tollefson Builders, Incorporated/Stipulation Agreement --
At the March 19 Council meeting, the Council approved in concept
the stipulation agreement required to be entered into by Tollefson
Builders, Inc. This approval was subject to any revisions meeting
staff's requirement and Council's intentions. On Wednesday,
March 26, the Public Works Director and City Attorney met with
Mr. Tollefson and his attorney to review the final revisions
to the agreement. All corrections and/or revisions necessary
were for clarification purposes and did not change the concept
or content of the agreement. However, Mr. Tollefson has requested
that this. agreement contain a reasonable expiration date which
staff concurs with. In a spirit of cooperation and good faith,
Mr. Tollefson has fully executed the stipulation agreement with
this expiration date to be determined by City Council.
The City Attorney and Public Works Director are recommending
that a period of two years would be sufficient to insure that
all present unresolved issues and requirements of the forthcoming
Brittany 9th Addition could be resolved.
The City Attorney will provide further information as may be
necessary by the Council to determine a proper expiration date.
ACTION TO BE CONSIDERED ON THIS ITEM: To designate an expiration
date for the stipulation agreement between the City of Eagan
and Tollefson Builders, Inc. and authorize the Mayor and City
Clerk to execute all related documents.
CONTRACT 86-6, APPROVE PLANS/DEERWOOD DRIVE
E. Contract 86-6, Approve Plans/Authorize Ad for Bids (Deerwood
Drive Streets and Utilities) --On January 21, 1986, the public
hearing was held, the project approved and detailed plans and
specifications were authorized for preparation for the installation
of streets and utilities for Deerwood Drive from Pilot Knob Road
to I -35E. These plans have now been completed and are being
presented to the Council for their review, comments and authoriza-
tion to advertise for bids. The Assistant City Engineer and
Consulting Engineer` will be available to discuss the details
associated with this project during this plan review.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve plans for
Contract 86-6 (Deerwood Drive - Streets and Utilities) and authorize
the advertisement for a bid opening to be held at 10:30 a.m.
on Friday, May 2, 1986.
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Thirty
CONTRACT 86-10, APPROVE PLANS/EAGANDALE INDUSTRIAL PARK
F. Contract 86-10, Approve Plans/Authorize Ad for Bids (Eagandale
Industrial Park Storm Sewer) --On January 21, 1986, the public
hearing was closed and the Council authorized the preparation
of detailed plans and specifications_ for the installation of
additional storm sewer facilities to service the southern portion
of Eagandale Industrial Park north of Lone Oak Road under Project
458. In addition, on February 18, 1986, the Council received
a petition and authorized the preparation of detailed plans and
specifications for the installation of a lateral storm sewer
facility along the north side of the south end of the west service
road under Project 471. These plans have now been completed
and are being presented to the Council for their review and
authorization of advertisement for bids. The Assistant City
Engineer and Consulting Engineer will be available to discuss
in detail these plans and address any questions or concerns the
Council may have.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the plans for
Contract 86-10 (Eagandale Industrial Park - Storm Sewer) and
authorize advertisement for a bid opening to be held at 10:30
a.m, on Thursday, May 1, 1986.
A
/65
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Thirty -One
ECONOMIC DEVELOPMENT POLICY
G. Economic Development Policy --Enclosed on page is a copy of
an Economic Development Policy for processing new and proposed
development and special projects. With the amount of activity that
is occurring and will occur in months and years to come, it was
determined that policy for processing proposed development and
special projects is an important tool to be considered.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
Economic Development Policy for Processing New and Proposed Develop-
ment and Special Projects as presented.
I
0
0
POLICY #
ECONOMIC DEVELOPMENT POLICY
FOR PROCESSING NEW & PROPOSED
DEVELOPMENT AND SPECIAL PROJECTS
I. PURPOSE
The City of Eagan faces the task of managing a significant
level of commercial and industrial development. The scales
of specific developments vary- widely. Occassionally
developments or special projects of substantial size,
employment impact or economic impact are proposed. Past
examples include the race, track proposal, UPS facility,
West Publishing and the Sperry proposal. The special needs
and obligations present in such developments and projects,
as well as more routine development requests are the focus
of this policy.
II. POLICY AND PROCEDURES
It is the policy of the City of Eagan that all meetings
held to review new and proposed developments or projects
with an elected official or officials will not include any
member of the City staff without prior approval of the City
Council.
All meetings between City staff and developers will be at
City Hall during regular business hours, unless otherwise
approved by the City Administrator.
Proposed development or special projects are to be reviewed
by the Economic Development Commission only upon specific
direction of the City Council.
III. RESPONSIBILITY
This policy will operate at the direction of the City
Council and through the designated responsibilities of the
City Administrator.
IV. AUTHORITY
The ,Economic Development Policy for Processing New and
Proposed Development and Special Projects was authorized by
the City Council at its , 1986 meeting.
APPROVED:
lDq
DATE:
Agenda Information Memo
April 1, 1986, City Council Meeting
Page Thiry -Two
POSITION PAPER/AIRPORT NOISE
H. Position Paper on Airport Noise --Administrative Assistant
Hohenstein has completed a review and meetings with surrounding
communities to prepare the Position Paper on Airport Noise. This
Position Paper represents input from several cities in Dakota County
and the City of Savage. The Position Paper includes the points
presented by Mayor Blomquist and Representative Seaberg 'at a
workshop session that was held in early February. Enclosed on pages
/0 through If -Z,- is a copy of the Draft Position Paper. Upon
acceptance, this document will be submitted to the Metropolitan
Airports Commission for their review.
ACTION TO BE CONSIDERED ON THIS ITEM: To
Position Paper as presented.
I&
approve or deny the
0
DRAFT
POSITION PAPER
I. The Governor's Task force on Airport Noise recommendations
should become integral to MAC's noise abatement plans.
The Task Force compiled a list of eighteen recommendations
to address the issue of airport noise. Although the
Governor has chosen to hold this report in abeyance until
the Metropolitan Airports Commission (MAC) has been
allowed to prepare its report on noise abatement
strategies, the Task Force recommendations retain their
validity. The MAC has recommended or is studying numerous
elements of the Task Force report in its own 17 -Point Plan
and in the F.A.R. Part 150 Study. Due to the significance
accorded them by representatives of the community, the MAC
should emphasize the Task Force recommendations as a part
of its noise abatement strategy.
II. The Metropolitan Airports Commission (MAC) must come to
regard the control and minimization of aircraft noise as a
public interest that is as important as the promotion of
air traffic and commerce. Acceptance of this overriding
principle is especially important now that Governor
Perpich has designated the MAC as the lead state agency
for the control of aircraft noise. Past MAC performance,
however, suggests that noise abatement has been treated
as a secondary, 'housekeeping' concern. The current
landing fees schedule and determinant criteria are
examples of this tendency. Fees are set with reference to
an agreed list of objective operational factors, but the
'noise' performance of the Airport's users is not a part
of this formula. Perhaps, the statutory authority,
duties, and responsibilities of the MAC, MPCA and other
state agencies need amendment; to more clearly express the
importance of aircraft noise abatement.
III. The specter of economic harm should not be automatically
raised and asserted to undermine the feasibility of
proposed noise abatement measures. Too often, the
possibility of lost jobs, or, economic damage to the
Airport and its users is injected into the public debate
without credible supporting evidence. The result is that
the viability of the most direct and assertive noise
control proppsals comes into question, and the public
discussion 'shifts to easier and less financially intrusive
noise abatement methods (such as operational measures that
disperse, rather than reduce, aircraft noise). As a
protector of the public interest in peace and quiet, the
MAC must more aggressively develop concrete and
comprehensive information on the economic consequences of
individual abatement proposals. To undertake this role,
the MAC needs to assume a clearer, "arm's length" position
vis-a-vis the economic interests of Airport users.
Perhaps, state statutes should also place a burden of
ia9
proof on aircraft operators to demonstrate that individual
noise control proposals would cause them unreasonable
economic hardship.
IV. Neither the specter of legal action nor the possibility
of a litigation setback should be automatically raised and
asserted to undermine the feasibility of proposed noise
abatement measures. Like the fear of economic harm, a
fear of legal ramifications is also injected continuously
into the public debate on aircraft noise abatement, and
timidity results. In the past, the MAC has too
conveniently invoked the federal regulatory power over
Interstate Commerce as an absolute barrier to local noise
control efforts. If the MAC is to serve as a protector of
the public interest in peace and quiet, it must be willing
to aggressively push for solutions, even if legal issues
must be confronted along the way. Perhaps, state statutes
need to clarify or establish a relationship between the
MAC and the State Attorney General that empowers the
latter to litigate a legitimate role for programs of local
aircraft noise regulation and reduction. In the
alternative, they may choose to support litigation at the
federal level through NOISE or the AIOC.
V. Local programs of aircraft noise regulation and reduction
must be accompanied by coordinated and concurrent national
efforts. At a minimum, local Airports which choose to
implement substantive noise abatement programs must be
assured that they will not incur positions of undue
economic disadvantage in the national marketplace.
Although the past efforts of the MAC in national forums
are to be applauded, it is also suggested that a national
'blue-ribbon' panel be established to work on the aircraft
noise issue. The panel could provide linkage between
local programs while also addressing aspects of the issue
that are federal in scope or in solution. To encourage
national attention, state and local officials need to
impress federal legislators with the need and local demand
for action.
VI. National efforts must focus on reductions of aircraft
noise at its source. Specific means to achieve this end
are the reduction of the intensity and quantity of noise
events. Noise event intensity can.be reduced through the
encouragement of Stage III technology aircraft and
strictly enforced bans on Stage I and II aircraft
manufacture and operations. Only a combination of
positive incentives and careful regulation can bring this
about in a timely manner. Limitation of noise event
quantity can be achieved through limited federal re -
regulation to prevent shifts of local advantage. Such
efforts can serve to augment local operational efforts for
noise abatement.
VII. The evaluation and use of aircraft noise abatement
measures should be consistent with existing, long-term
metropolitan planning processes. The MAC should not
encourage the establishment of new air traffic corridors
iia
over existing residential neghborhoods that were developed
in accordance with mandatory metropolitan plans. The
MAC's support for use of a new 1800 heading procedure for
Runway 22 departures (which shifts planes to routes over
re-existin,q residential areas in several communities),
violates this principle and should be withdrawn. In
contrast, a proposed routing of Runway 22 departures over
the commercial-industrial sectors that line westbound I-
494, near the airport, may be an excellent example of how
noise abatement concerns and land use considerations
should mesh. Strict adherence to the Eagan-Mendota
Heights corridor, (with its underlying compatible land
uses), for the parallel runways provides another example
of consistency_ between land use and air traffic. In
addition, an effort on the part of the MAC, MPCA and
Metropolitan Council to develop uniform noise planning
contours will assist communities to come into compliance
with all such planning criteria.
VIII. The MAC should apply a portion of its noise abatement
resources to the compilation of a deatiled, statistically
accurate data base of operations and noise information
for the general public. Communities lack the resources
to compile such data bases, giving the MAC and the
airline industry a monopoly on airport noise information.
The MAC should dedicate itself to timely and comprehensive
monitoring and study of noise issues. Monthly operations
summaries, noise monitoring results, engine.run-up
occurance data and other pertinent information must be
readily accesible to the communities to allow a rational
understanding of and studied approach to airport noise
planning issues.
IX. Measures that would reduce cumulative noise levels should
be preferred over measures that merely disperse or shift
aircraft noise. Dispersion only masks aircraft noise and
does not reduce it. In essence, it multiplies the number
of people subjected to aircraft noise. Dispersion also
tends to set community against community and therefore is
counterproductive to the development of a coordinated,
regional effort. Dispersion, as an abatement technique,
can be recognized whenever its proponents begin to speak
about shifting some of the noise to ill-defined "less
populated areas". Put more bluntly, the procedure
involves the partial shifting of noise from south
s Minneapolis, Bloomington and Richfield to the 100,000+
residents of Burnsville, Eagan, Mendota Heights, Inver
Grove Heights and Savage.
X. If dispersion methods must be used, they should be clearly
recognized as processes for the allocation of adverse
environmental impacts among communities. Fundamental
fairness requires that affected communities have full and
proportionate participation and decisionmaking power in
these allocations. In more concrete terms, this means
that the MAC, and especially its noise advisory group
(MASAC), must have a membership that is geographically
balanced among communities that suffer aircraft noise.
N
Even communities downrange should be informed of
operational changes increasing overflights of their cities
to afford them a chance to respond within the appropriate
forums. Also, the MAC should never support changes in the
dispersion of aircraft noise without first engaging in
public hearing and Environmental Impact Statement (EIS)
processes. In this way, the MAC merely commits itself to
the same procedural standards that cities must observe
when proposing to significantly impact their residents and
property owners.
XI. The MAC should be encouraged to exercise its taxing and
other revenue generating resources, including designated
federal funds in support of noise abatement. These funds
could be used for retrofitting residential sound insula-
tion and "buyouts" of homes suffering the worst noise
impacts. These measures would produce immediate benefits
for the Airport's neighbors and would help bridge the
timespan until the quieter Stage III aircraft are
commonplace. They are also preferable to dispersion as a
noise control technique because their relief is constant
and effective, even if air traffic increases in future
years.
XII. Aircraft noise should be clearly recognized as a
detrimental by-product of profitable business activity.
Primary responsibility for paying for the control of the
noise should therefore lie with the key beneficiaries of
that business activity; the users of the Airport.
differential landing fees, 'time -of -day' rates, and other
noise performance criteria should be essential mechanisms
for addressing noise concerns. At the same time,
expansion at the Airport should be limited until a
mutually agreed program for aircraft noise control is
established. In short, the regulatory focus should be
enhancing on the abatement performance of aircraft
operators, and not on increasing the accommodation of
aircraft noise by the Airport's residential neighbors.
L
I iv
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: MARCH 28, 1986
SUBJECT: INFORMATIVE
GROUP W CABLE
A reminder thpt the open house for the Group W Cable facilities
is Tuesday, April 1 at 5:00 p.m. Mayor Blomquist and Mayor Morrison
will be turning on the official system at approximately 5:45
p.m.
As an update on' the sale transaction by Group W to North Central
Cable Communications, the Burnsville Eagan Cable Commission prepared
a municipal request for information that requires the buyer to
complete a questionnaire document, for the review and approval
of transfer of ownership of the system. The municipal request
for information was sent out several weeks ago and a copy was
received on March 24. The response document has been reviewed
by the Cable Administrator and,in summary,was found to be deficient
in the information required to maintain the same performance
standards as the current Burnsville Eagan cable system. There
is more review required of the municipal request and to date
the items that are considered deficient seem to be procedural
or a lack of information. Examples are: incomplete information
in the financial pro forma, the response to financial resources
was incomplete and there was rfo application fee in the amount
of $15,000 accompanying the response. Attached is a copy of
a memo that was submitted to the Board of Directors by the Cable
Administrator found on pages 1115 through ftj&
PROTECTIVE INSPECTIONS REPORT
Enclosed on pages (11 through/�] is a protective inspections
report for the month of February. l
AMM BULLETIN
Enclosed is a copy of an AMM Bulletin regarding nominations,
the, annual meeting and the status of local government funding.
(Pages /1,0 through)
TAX REFORM LEGISLATION
Enclosed on page _(7-25 is a copy of a letter that was sent to
all local officials by Representative Frenzel, regarding the effec-
tive dates of pending tax reform legislation affecting tax exempt
bonds. The Director of Finance and City Administrator are of
the opinion that the City should - look at all of its bonds and
consider: 1) The feasibility of refunding in the existing bonds.
2) Issuance of State Aid Bonds. 3) The public improvement bond
issue all prior to September 1 A fiscal consultant is reviewing
113
these issues with the staff. Enclosed on pages /Z through
_LjjC is a report of the NOISE meeting that was held in Washington
D.C. as part of the NLC Conference. Also enclosed is a copy
of the recent agenda for the March 25, 1986 MASAC meeting and
minutes of the general MASAC meeting held on February 25, 1986.
(pages /Z through J5 }
INSURANCE RENEWAL
At the Workshop/Special City Council meeting on March 25, City
Councilmember Smith raised several concerns regarding the upcoming
renewal of the City's Workmen's Compensation and General Liability
insurance renewal. One of the issues that City Councilmember
Smith addressed was the expected increase of the umbrella liability
package. The City. Administrator reported, that evening, that
a letter had been received from the City's insurance representative,
Bruce Medvic, indicating that Councilmember Smith's hunch is
correct, that umpbrella liability is expected to increase sub-
stantially based on the quotations that are received in other
cities. For a copy of that letter, refer to pages J,:24 through
1
SPECIAL LEGISLATIVE SESSION
Enclosed is a copy of a letter that was sent to Governor Perpich
by Mayor Blomquist, requesting a special legislative session
to favorably resolve the budget, restoring local government aid
and homestead tax credit payments to the City of Eagan. (page 1ao
A'd }
/S/ Thomas L. Hedges
City Administrator
/4
Memorandum
Burnsville/Eagan Cable Communications Commission
TO: Board of Directors
FROM: Ralph B. Campbell, III, Administrator
SUBJECT: North Central Cable Communications, L.P.'s Response to the
MUNICIPAL REQUEST FOR INFORMATION REGARDING REQUEST
FOR APPROVAL AND TRANSFER
DATE: Tuesday, 25 March 1986
CC: Tom Creighton, Legal Counsel; Kevin Cattoor, Financial Advisor
Enclosed with this memorandum you will find a copy of North Central -Cable
Communications, L.P.'s (North Central) response to the MUNICIPAL
REQUEST FOR INFORMATION REGARDING REQUEST FOR APPROVAL AND
TRANSFER (MUNICIPAL REQUEST) which is associated with the OFFICIAL
REQUEST FOR APPROVAL OF TRANSFER OF OWNERSHIP OF GROUP W CABLE
COMMUNICATIONS SYSTEMS (REQUEST FOR TRANSFER OF OWNERSHIP) and
REQUEST FOR THE TRANSFER OF A CABLE COMMUNICATION FRANCHISE
ORDINANCE (REQUEST FOR TRANSFER OF FRANCHISE).
This response was delivered to me on 24 March 1986.
You will recall that the MUNICIPAL REQUEST is a document that was
prepared, in cooperation with legal counsel, a financial advisor, and staff
from four of the sig cable areas affected by the REQUEST FOR TRANSFER OF
1IS
s
Burnsville/Eagan Cable Communications Commission
MEMORANDUM RE: North Central Cable Communications, L.P.'s Response to
the MUNICIPAL REQUEST FOR INFORMATION REGARDING REQUEST FOR
APPROVAL AND TRANSFER
Tuesday 25 March 1986
OWNERSHIP and REQUEST FOR TRANSFER OF FRANCHISE—the
Burnsville/Eagan Cable Communications Commission, the North Central
Cable Communications Commission, the North Suburban Cable Commission,
and the Quad -Cities Cable Communications Commission.
The purpose of the MUNICIPAL REQUEST, which is in questionnaire form
similar to the original Request for Proposals, is to secure unambiguous and
accurate information about the company or companies who wish to operate
our cable system. The results and analysis of this questionnaire will allow
the Commission's Board of Directors and City Councils to carefully consider
the pending transaction and formulate a response.
The MUNICIPAL REQUEST was reviewed and approved by the Board of
Directors at its regular meeting on 13 February 1986.
Please begin to review this response, write down any questions you have
concerning its contents, and be prepared to introduce your questions at the
Board's 10 April 1986 public hearing. The Commission and Cities -have
reserved their rights to pose additional questions to North Central and will
do so from time to time including after the 10 April 1986 public hearing.
I intend to review this response with the Commission's legal counsel and
financial advisor and staff from the above mentioned cable commissions on
Monday, 31 March 1986. The questions resulting from this meeting will be
presented to you at the public hearing along with a preliminary financial
evaluation.
Page 2 of 2
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DATE: FEBRUARY 1985
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INDUSTRIAL AND INSTITUTIONAL BREAKDOWN:
PERMIT SUR- PLAN CHECK
ADDRESS 6 LEGAL OWNER VALUATIONS FEE CHARGE FEES TOTAL FEES I OCCUR
2180 GLARY DR PEACE REFORMED IVArliT
PUBLIC
L L B 1 PEACEFUL HTS 900,000 2 433.00 450.00 1 216.50 18,178.5
3773 DODD RD
L 1, B 1, WEST PUBL II WEST PUBLISH ; 60,000 ; 313.00 ;• 30.00. ; 156.50 It 499.50 COHH
3207 SIBLEY MEMORIAL HWY
L 1 B 2 SIB TERM IND PK DIESEL SERVICE ; 6,000 ; 56.50 ; 3.00 ; ; 59.50 COMM
4101 OLD SIBLEY MEM HWY
L 1. B 52, SECT 19 NORGAS PROPANE ; 11,678 ; 92.50 ; 6.00 i 46.�144-75COMM
v �
as ociation of
metropolitan
municipalities
March 21, 1986
BULLETIN
TO: AMM Member Cities
FROM: Ji 5cheibel, President
RE: ANNUAL MEETING INFORMATION AND LEGISLATIVE UPDATE
1. WANTED: NOMINATIONS FOR BOARD OF DIRECTORS:
A Nominating Committee was appointed by the Board of Directors
at the March 6th. Board Meeting. Members of the Nominating
Committee are: Chairperson, Ron Backes, St. Louis Park
Councilmember; Mary Anderson, Golden Valley Mayor; Robert
Benke, New Brighton Mayor; Susan Green, Coon Rapids
Councilmember; Mark Lenz, Mahtomedi Administrator; Diane
Lynch, St. Paul Governmental Liaison; Mark McNeill, Savage
Administrator and 'Bill Saed, Inver Grove Heights Mayor. The
offices of President, Vice -President and eight directors are up
for election.
The Board is especially encouraging, nominations of women city
officials to provide a better balance on the Board_. Due to
the two -term limitation, there will be several new board
members to be _ elected so please send in your
recommendations/nominations. Written nominations, including a
brief resume, should be forwarded to the ! AMM Office to the
attention of Vern Peterson by no later than Tuesday, April 15,
f -
2. AMM ANNUAL MEETING; WEDNESDAY, MAY 21, 1986
The AMM Annual Meeting has been set for Wednesday evening May
21, 1986. We look for this to be a very unique and different
Annual Meeting. Our tentative plans are to hold the Annual
Dinner Meeting on the Jonathan Paddleford River Boat while
cruising on the Mississippi River. A meeting notice with the
specific details of this exciting evening will be mailed in
early May but please reserve this date now since this is one
meeting you will not want to miss!
-1-
170
183 university avenue east, st. paul, minnesota 55101 (612) 227-5600
r
3. LOCAL GOVERNMENT FUNDING IN JEOPARDY:
The unpassed but agreed to budget balancing tax bill (HF 1815)
or some form of legislation similar to it is an obsolute must
for cities this year.
Of upmost importance is the provision extending local
government aids to 1987. Current law sunsets LGA in 1986
leaving cities without nearly $300 million dollars of aid for
budget year 1987. The bill provided a 4% increase in
appropriation with a 5.8% maximum formula increase but the
Governor has no authority to extend this program without
Legislation, thus there would be LGA for 1987•
This Tax bill contains a number of budget balancing provisions.
W.
Key to cities, however, is that it does not contain
reductions in 1986 LGA or Homestead Credit payments. If the
Governor is forced to unallot to balance the budget, he will
most certainly have to reduce significantly the LGA and
Homestead Credit payments to local government.
The Tax bill contains a provision which shift $58 million
dollars of school aid into the next biennium. It also provides
a reverse of the Motor Vehicle Excise Tax transfer of $106
million from the Highway Fund to the General Fund. Another
section contains Revenue Department authorization to develop
tax compliance and some sales tax acceleration which nets
another $32 million revenue. The Governor does not have the
authority to' raise any of this approximately $196 million.
Another provision of the Tax bill repeals an automatic income
tax increase of $75 million. Thus the governor would have to
find approximately: $121 million from this bill alone, most
probably through LGA and Homestead Credit.
The other budget balancing bill the appropriations bill which
has not been. completed yet contains provisions including
reducing various welfare payments that cannot be done by the
Governor, thereby creating additional deficits. It can
probably be assumed that if neither of these bills pass and the
Governor balances the budget by making the cuts he can which
are included in the bills, an additional $200 million or so
will have to be found. Unfortunately about the only place left
is aid to local governments and homestead credit payments to
local governments.
We would urge you to contact your Representatives, Senators
and the Governor's`Office and request that a Special Session
be called as soon' as 20ssible to complete action on these
two bills.
-2-
a
a
u. METRO GOVERNANCE REORGANIZATION BILL AWAITING GOVERNORS
SIGNATURE:
The Metro Governance Reorganization Bill (HF 1860) as described
in the February 25th. AMM Bulletin, was one of the last bills
to be passed during the 1986 Regular Session of the
Legislature and is now awaiting the Governor's signature.
This bill began life as HF 1991 - SF 1913 but was included in
HF 1860 during a conference committee to help assure its
passage this session. The bill has many important features
which the AMM was successful in getting incorporated into the
bill but perhaps the most important are the changes in the
process for appointing Metropolitan Council Members. The new
appointments process requires that:
-Local governments be notified of vacancies in writing.
-The Governor appoint a 7 -member Nominating Committee of which
3 members must be local elected officials to prepare a list of
nominees for each vacancy. Before submitting nominees to the
Governor, meetings must be conducted in or near the
district with the vacancy to allow for local official and
public input.
-A balance or diversity in membership on the Council 'is
required and appointees to the Council must be knowledgeable
about urban and metropolitan affairs.
A full description of the other provisions of HF 1860 will be
provided in the AMM's Annual Legislative Summary to be prepared
in the near future.
DISTRIBUTION NOTE:
The bulletin was mailed to Mayors, Managers/Administrators,
and Designated Delegates.
BILL FRENZEL
THIRD DISTRICT, MINNESOTA
WASHINGTON OFFICE:
1026 LONGWORTH BUILDING
202-225-2871
Memo to:
From:
Re:
Congreo of the Eniteb Staten
Jbonoe of Repreontatibeg
M-0binaton, M.C. 20515
Local officials
MINNESOTA OFFICE;
MAYBETH CHRISTENSEN
Room 345
8120 PENN AVENUE SOUTH
BLOOMINGTON, MINNESOTA 55431
61,2-881-4600
Congressman Bill Frenzel
Effective Dates of Pending Tax Reform Legislation
Affecting Tax-exempt Bonds
The Chairmen and ranking members of the Senate Finance
and House Ways and Means Committees recently issued a
statement on the effective dates for the bond provisions of
the Tax Reform Bill.
The statement suggests that that application of the
provisions and restrictions relating to bonds be postponed
until September 1, 1986 (or the date of enactment of any tax
legislation, if earlier). The postponement is basically
applicable to government obligations. It would not be
applicable to IDBs; bonds that would be IDBS if section
501(c)(3) organizations were nonexempt persons engaged in
trades or businesses; student loan bonds; mortgage subsidy
bonds; and private -"consumer" loan bonds.
The delay would apply to provisions affecting the definition
of nonessential bonds and the unified volume cap in H.R.
3838; arbitrage restrictions; restrictions on early issuance
of bonds; advance refunding restrictions on bonds issued
before 1986; any extension of information reporting
requirements and treatment of interest on these bonds as a
minimum tax preference.
I suggest you contact your bond counsel immediately before
proceeding with issuance of tax-exempt bonds in light of
this statement. I shall keep you informed of any further
statements regarding the effective dates of the tax reform
bill.
i It is stillmy o inion that windows will be opened for other
issues as well a some time in the future. I advise
potential issuers to be ready in case such opportunities
actually occur.
THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS
NO 00 1& Sb E 0
National Organization to Insure
a Sound -controlled Environment
1620 EYE STREET, N. W. — 3rd FLOOR, WASHINGTON, D. C. 20006 202-429-0166
Draft Minutes Draft
Board of Directors Meeting
Washington Hilton Hotel
Washington, DC -'
March 8, 1986
1. N.O.I.S.E President Paul Tauer called the meeting to order at 1:50 PM.
Attendees introduced themselves. An attendance list is attached.
2. Before viewing the video commissioned by the Minneapolis Airport Commission,
Mr. Tauer-explained that the Commissioners had not yet seen the film and they
requested that there be no public comment before they had an opportunity to
view it. Mr. Duffy emphasized this point noting that it was only at the
intervention of Mr. Rockenstein that the Commissioners were willing to let
the Board see the film. The Commissioners had asked for feedback from
discussion that the Board members had on the video.
After viewing the video, Mr. Tauer asked the Board for comments. Mr..Cramer
opened the discussion by saying that many of the people Ile worked with would
say that the money spent on the video was money down the drain. He went on
to say that it was cleverly done. Through deceptive wording and -graphics, it
gave the message that while aviation noise is a legitimate concern and
problem, there is little that can really be done when one considers the
number of jobs supported by the airport and the resistance in Washington.
Mr. Cramer also explained that the preferential runway system is not really a
noise abatement measure because it has become ineffective since
deregulation. Mr. Sandahl noted that one of the proposed options, 422
extension at the Minneapolis airport, was not a solution. It would only
shift the impact of the noise, not reduce it. He said the video made him
question the MAC's commitment to reducing noise.
Mr. Dalbis referred to the video's mention of noise monitoring and asked the
group if monitoring really did any good. Mr. Mahon responded that monitoring
was responsible for lessening noise in some areas but it was usually simply
shifted to others. Ms. Stiffler pointed out that monitors can be helpful
when dealing with the community. Monitors supply communities and airport
dperators with specifics upon which a complaint or explanation can be based.
She also mentioned that monitors are becoming increasingly sophisticated and
it may soon be possible to isolate noise events and even the aircraft
responsible.
Ms. Humphrey commented that the video did an excellent job of technical
exposition, but not get into much discussion of possible solutions and that
it clearly held MAC above blame. She suggested that the video's value would
be increased if a three or four person panel discussed the film on the
air immediately after it was shown. �
17-7l
Minutes
Board of Directors Meeting
March 8, 1986
Page Two
Mr. Cramer noted that there was a growing sophistication in his community and
that it was better able to understand the complexities of dealing with the
noise problem and the constraints under which all the players were
operating. In contrast, Mr. Sandahl felt that while his community
understands the economics of the airport, he has not seen an increase in
sophistication. He said that despite the economics or complexities of the
situation, the community has to be willing to take the tough route. In
reference to the unwillingness of some of those interviewed in the video to
risk being taken to court, Mr. Sandahl said that if getting results means
going to court, then go to court.
Mr. Rockenstein commented on the facts used in the video. Hard facts were
used to describe the economic importance of the airport, number of jobs,
-etc. but none were used to describe the impact on the surrounding
communities. Facts on the number of people affected and the real estate
value loss should be included to make the video more balanced.
3. Mr. Tauer welcomed Mr. C.- Lee Rosche from the MacArthur Airport in Islip, NY
noting that the Town of Islip had just joined N.O.I.S.E. Mr. Rosche
explained that he was there on the behalf on Mr. Michael LoGrande who is the
Supervisor of the Town of Islip and is its representative to the Board of
Directors. After describing MacArthur as a small airport that has
witnessed an explosion in the number of operations, Mr. Rosche summarized the
airport's experience with the growth and the resulting noise problems. He
emphasized the Mr. LoGrande is very concerned with the noise problem and has
been successful in maintaining a strong influence over the airport and its
operations despite resistance from FAA.
4. Ms. Stiffler gave a brief report on the MASSPORT's recent initiatives to curb
the noise problem at Logan Airport. The new rules are due to take effect
this summer. The airport has been threatened with lawsuits but it is unclear
at this point whether or not they will actually have to go to court to defend
the initiatives. Ms. Stiffler also noted that the new rules are requiring a
great deal of staff and administrative work.
5. Mr. Duffy then gave a report on the Gramm -Rudman -Hollings deficit reduction
plan and its effect on the Aviation Trust Fund.
6. Discussion turned to the FAA's December 10, 1985 hearing on the
modernization of the aircraft fleet. Mr. Duffy explained that John Wesler of
FAA was scheduled to address the Board on the hearing but was unable to make
fit to the meeting. Mr. Duffy recalled that N.O.I.S.E. did not testify as an
organization as its members were in Seattle, Washington at the time. He
summarized the written comments N.O.I.S.E. submitted to FAA on the
subject.
FAA held hearings on its proposed Airport Access policy. Mr. Duffy reported
on his testimony at the Washington hearing on January 22, 1986 and then asked
Mr. Lewis to review his testimony on the behalf of TVASNAC. Mr. Tauer
reported on the second phase of the hearing which was held in Denver, CO.
177
Minutes
Board of Directors Meeting
March 8, 1986
Page Three
Mr. Russell asked if the Washington office was.keeping a file of the
testimonies and comments received by FAA at these hearings. Mr. Duffy
explained that there was not a file but that one could be started if it would
be useful to the organization.
Mr. Adleburg reported that he had several copies of an article written by
John Wesler that gave a history of FAA's noise control efforts. He explained
that the overloading of air traffic controllers would hamper their ability to
operate with noise considerations in mind. He wondered if ARCA would have an
effect on this.
7. Mr. Russell moved and Mr. Rockenstein seconded the approval of the December
7, 1985 minutes. Approval was unanimous.
8. Mr. Mahon moved and Mr. Adelburg seconded the approval of the Treasurer's
Report. Mr. Mahon mentioned that several members had not paid their dues for
1985 and asked that either Mr. Tauer or Mr. Duffy write a letter from the
organization that could be sent to these members. Mr. Tauer asked that a
letter be written that would be included with the invoice anytime a second
billing is required. He suggested that the letter mention the benefits of
being a member of N.O.I.S.E., the organization's accomplishments, tasks, and
why the organization needs the cities' help.
Approval of the Report was unanimous.
9. The Board then considered the proposed Bylaw Amendment that would remove the
office of the Chairman of the Board. Mr. Barnard moved and Mr. Grady
seconded approval of the measure. Approval was unanimous.
10. Mr. Duffy began the discussion of the upcoming Board meetings by saying he
felt that the impetus for a meeting between Gulfstream Aerospace and
N.O.I.S.E was fading. He said he would invite David Hilton of Gulfstream to
the annual meeting but would not pursue the N.O.I.S.E.-Gulfstream
relationship beyond that. Mr. Barnard registered concern over the sincerity
of the Gulfstream offer. Mr. Duffy explained that the mixed signals coming
from Gulfstream may be due to lack of enthusiasm for the idea among the
leaders of the company.
Mr. Hamilton from Warwick, RI expressed that city's enthusiasm at holding the
N.O.I.S.E annual meeting there from July 31st -August 2nd. Mr. Duffy
mentioned a few ideas for meeting topics and asked for suggestions. Mr.
Barnard noted a need for a more formal exchange of information about the
noise situations at each members location. He said he felt that there was a
great deal to be gained by sharing local problems, ideas, and solutions.
Along this line, Mr. Russell suggested a Roundtable at the annual meeting
with a report from different cities and their particular situations.
Mr. Busby proposed a session on the changes
since deregulation and suggested including
those changes and discussion of what could
deregulation and what can be done since.
rZZ
in the aviation noise problem
facts and figures that describe
be done about noise before
Minutes
Board of Directors Meeting
March 8, 1986
Page Four
Mr. Duffy announced that the Fall meeting of the Board would be in San
Antonio, Texas in conjunction with the National League of Cities meeting
there on November 29, 1986.
11. President Tauer adjourned the meeting at 5:10 PM.
Attendance List
N.O.I.S.E. Board of Directors
March 8, 1986
Name
Walter Rockenstein
Mark Mahon
Mike Sandahl
Joe Lewis
John Dalbis
Bob Wilson
David Busby
Bob Hartupee
Anthony Scardenzan
C. Lee Rosche
Pat Gaschler
Al Grady
Shirlee Wedow
Roland Russell
Sheila Schultz
Ardis Stiffler
Ralph Hamilton
Karen Humphrey
Lori Palmer
Steve Cramer
Thomas Waller
Herman Barnard
Bill Allison
Paul Tauer
Bob Adelberg
Staff
Thomas N. Duffy
Jennifer Prescott
Thane Young
1,19
Meeting
City
MASAC, Minneapolis,
Bloomington, MN
Richfield, MN
TVASNAC,.Hempstead,
Schiller Park, IL
College Park, GA
Commerce City, CO
Forest Park, GA
Inglewood, CA
MacArthur Airport,
Brighton, CO
Commerce City, CO
Sparks, NV
Commerce City., CO
Wheeling, IL
NY
NY
MASSPORT, Boston, MA
Warwick, RI
Fresno, CA
Dallas, TX
Minneapolis, MN
College Park, GA
College Park, GA
East Point, GA
Aurora, CO
Louisville, KY
Washington, DC
Washington, DC
The Ferguson Company
For Inglewood, CA
All
AC am
METROPOLITAN AIRCRAFT SOUND ABATENENr COUNCIL
GEMM MF=M
March 25, 1986
5:30 P.M.
6040 28th Avenue South
Minneapolis, Minnesota
1. Call to Order, Roll Call
2. Approval of Minutes of General Meeting on February 25, 1986
3. Introduction of Invited Guests, and Receipt of Communications
4. Technical Advisor's Preferential Runway System Utilization
Report and Complaint Sun ry Report
5. Persons Wishing to Address the Council
"Break for Dinner"
6. Report on Airport Noise Implementation T%brking Group -Walter
Rockenstein
7. Discussion and vote on Part 150 Proposed Noise Abatement Actions-
HNrB
.8. Report of MASAC Representative to MAC Meeting of March 17, 1986 -
John Richter
9. Other Items Not on Agenda
10. Adjournment ,
Next Meeting Date: April 22, 1986
/Z7
,
0
February 25, 1986
7:30 p.m.
Minneapolis, Minnesota
1. Call to Order. Roll Call.
The meeting was called to order by Walter Rockenstein at 7:30 p.m. and the
secretary was asked to call the roll. The following members were in
attendance.
Ben Griggs (R)
Bob Johnson(R)
Ed Witkowski(R)
David Woodrow (R)
Ron Glaub(R)
Jerry Norton (R)
Jeff Hamiel(R)
Walter Rockenstein(R)
James Serrin(R)
Roylene Champeaux(R)
Dennis Schulstad(A)
Steve Cramer(A)
Scott Bunin(R)
Don Priebe(R)
Edwina Garcia(R)
Mark Mahon (R)
Bernard Friel(R)
Juan Rivas (A)
Robert Pollock(R)
James McLaughlin(A)
Advisors.
,Bob Collette
Bob Botcher
Commissioner J. Robert Stassen
Commissioner Jan -Def Calzo
Darrell Weslander
Jan Conner
136
Northwest Airlines
Republic Airlines
Ozark Airlines
St. Paul Chamber of Commerce
MBAA
Minneapolis Chamber of Commerce
Metropolitan Airports Commission
City of Minneapolis
City of Minneapolis
City of Minneapolis
City of Minneapolis
City of Minneapolis
City of St. Paul
City of Richfield
City of Richfield
City of Bloomington
City of Mendota Heights
City of, Burnsville
City of Inter Grove Heights
ALPA
FAA
FAA
Metropolitan Airports Commission
Metropolitan Airports Commission
Technical Advisor
Secretary
ru
Guests
Don Cedarholm
Dave Kelso
Dave Koehser
Marilyn Remer
J. K. Nelson
Jon Hohenstein
Ann Storey
Don Schiel
Richfield
Minneapolis
Savage
Blooanington
Eagan
Minneapolis
Minnesota wins
2. Approval of Minutes of General Meeting on January 28, 1986.
The minutes were approved as presented.
3. Introduction of Invited Guests, and Receipt of Communications.
Ed Witkowski was introduced as the new representative for Ozark
Airlines. Robert Pollock was also introduced as the new
representative, associate member, for Inver Grove Heights.
Walter Rockenstein introduced Resolution 86-1 honoring Les Case and
his retirement from the FAA. Bernard Friel motioned and Scott Bunin
seconded that MASAC adopt the resolution. It°passed unanimously.
4. Technical Advisor's Preferential Runway System Utilization Report and
The reports for the month of January were presented by Darrell
Weslander.
5. Persons Wishing to Address the Council.
James Serrin gave a presentation on future level of air traffic in
Minneapolis. Based on the unconstrained forecasts presented by HNTB,
he showed there would be a 50% increase from 1985 to 1990.
Because he would miss the next several meetings, he recommended that MASAC:
`1. Approve 4/22 runway extention as suggested by Ray Glumack and MAC.
2. If runway extension is not approved, then contraints should be made
to have preferential runway system operating except foz 7 hours during the
day. 3. If runway not extended, recommend that the monies saved be used for
central air conditioning of South Minneapolis homes affected by noise.
13
X
6. Executive Committee Meeting on February 4, 1986.
Walter Rockenstein presented the recommendation of the executive committee
regarding the addition of new members. Burnsville, which has been an
associate member since 1984, has petitioned to become a full voting member.
The Chairman also stated MASAC will vote at its April Meeting to
decide if the By -Laws should be changed to provide for addition of new
members. The change would allow a continued balance in MASAC between user
and community representatives.
Walter Rockstein moved to have staff prepare By -Law changes as recommended
by the executive comittee. Jeff Hamiel seconded. Motion was passed on a voice
vote with Don Priebe dissenting.
7. Professional Baseball Team Charter Flights -Don Schiel
Don Schiel presented the Minnesota Twins and visiting teams Baseball Flight
Schedule for 1986,where there were flights during the nighttime restricted
hours. There was discussion concerning late night flights. Mr. Schiel
explained that there were now 19 flights during the 11:00 PM to 6:00 AM time
period from April 11 through October 2, 1986. Extended discussion followed
regarding action which could be taken to limit nighttime flights. Staff will
investigate other athletic team traveling schedules.
8. Report of MASAC Representative to MAC.
Don Priebe attended the MAC Meeting. He discussed the videotape program to
be produced by MAC on aircraft noise which will be shown in March.
9. Other Items Not on Agenda
A dicussion on Chairman Glumack's proposed new Implementing Committee on
noise followed. Walter Rockenstein has been asked to serve as chair of the 12
member panel.
The vote on the 150 Program will be held at the March MASAC meeting. The
meeting will begin at 5:30 p.m. with dinner served for members.
10 . Adj ournment .
MMeeting was adjourned at 10:30 p.m.
137--
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FEBRUARY, 1986
NOISE COMPLAINTS
by
Category and Time of Day
During February the following complaints were recorded:
Category Number Percentage
Excessive Noise
337
66.1%
Structural Disturbance
14
2.8%
Activity Interruption
75
14.7%
Nighttime Restricted Hours
8
1.6%
Run -ups
3
.6%
Ground Noise
12
2.4%
Low Flying
27
5.3%
Secondary Airports
27
5.3%
Miscellaneous
6
1.2%
509
Time
Number
2400 - 0559
24
0600 1159
158
1200 - 1559
50
1600 - 1959
137
2000 - 2359
102
CAP
38
509
/3S
100.0%
1�First Insurances
Valley View
First Insurance Valley View
8200 Highwood Drive
Bloomington, Minnesota 55438
612 944-8200
March 11, 1986
Mr. Gene Van Overbeke, Finance Director
City of Eagan
3830 Pilot Knob Road
Eagan, MN 55122
RE: City of Eagan Insurance Renewal
Dear Gene:
I believe the attached letter addressed to the City of Spring
Lake Park is self-explanatory. As we now have the official
word, that the Home Insurance Company is no longer in the
municipal market, I wanted to let you know as soon as possible.
As respects the pricing renewal for the City of.Eagan, I am not
overly concerned. I have recently been in contact with the
League of Minnesota Cities Insurance Trust, and have noted a
"stability" in their pricing structure. I am therefore not
anticipating any premium increases for the July, 1986 renewal.
I am, however, concerned about the renewal of Umbrella
Liability. You will recall that the City of Eagan purchased a
$2 Million Umbrella for approximately $25,000. in annual
premium. At this point, I forsee the Umbrella pricing to be
unacceptable to the City of Eagan. Cities of like -size have
been receiving quotations of approximately $100,000., for
Umbrella renewals. Let us consider the following:
1. If in fact the marketplace does not respond favorably within
the next sixty days, I would suggest we contact the City
Council and advise them of the pricing considerations.
2. Prepare the City from a "risk management standpoint", for
lower Limits of Liablity if necessary.
f will be keeping in touch with you as things progress. If you
should have any comments or questions, please feel free to call
on me at any time.,
Kindf-.. persona egg s,
uruce A. Medvec
Senior Account Executive
BM: 1mr 1361
Member First Bank System
CCRIPAMY ~
7600 FRANCE AVENUE. SOUTH
MINNEAPOLIS, MN 55435
612-921-1000
First Insurance Valley View
Bloomington, MN 55438
Attention: Phyllis Wachutka
Re: City of Spring Lake Park
GL 82119 -
BA 78121
IST 78433
Dear Phyllis,
P -O. BOX 35827
MINNEAPOLIS, MN 55435
March 3, 1986
The above policies for this City expire in June 1986. The Home
Insurance Company is no longer a market for renewal of any municipal
business effective April 1, 1986.
As you will recall, up until April 1st, we were providing -renewal
quotations to the larger cities using our revised plan for 1986.
We have not been successful in renewing any business in our new plan
due to the limits,.coverages and premiums being totally unacceptable
to the Cities.
Because of this, we have decided not to offer quotations on any cities
after April 1, 1986. By doing this, it will allow us to devote our
time and resources to more profitable ventures which will benefit
us both.
Thank you for your work and understanding of our position. You and
the insured will be receiving non -renewal notices on these accounts in
the near future.
Feel free to call me direct at (612) 921-1201 if you have any questions.
B,p# regards,
a s G. Gilmore
Manager
Casualty Underwriting
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PHYLLIS WACHUTKA
MAR - 41986
FIRS) INSURANCE VALLEY VIEW
1612) 944-8200
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3830 PILOT KNOB ROAD, P.O. BOX 21199
BEA BLOMQUIST
EAGAN, MINNESOTA 55121
Mayor
PHONE: (612) 454-8100
THOMAS EGAN
JAMES A. SMITH
VIC ELLISON
THEODORE WACHTER
March 24, 1986
Council Members
THOMAS HEDGES
City Administrator
THE HONORABLE RUDY PERP ICH
EUGEN CVty ClOVERBEKE
erk
GOVERNOR OF MINNESOTA.
ROOM 130, STATE CAPITOL
ST PAUL MN 55155
Re: Special Legislative Session
Dear Governor Perpich:
I was directed by action of the Eagan City Council to urge your
consideration for a special legislative session. It is most
unfortunate that our legislature adjourned with several tax issues
left unresolved at the conclusion of this session. In the Tax
Conference Committee report that was signed by five Senate and
five House members, local units of.. government did not receive any
cuts in homestead credit or local government aid (LGA) payments
for 1986. If you chose to not call a special session and are
required to unallot, the amount of reduction would have to be
substantially higher than your initial recommendation.
The Legislature also adjourned without setting an 1987 LGA distribu-
tion formula. Although the tax committee conferees agreed upon a
new formula, this conference committee report failed to become
law. A new formula is required because our City must set the 1987
levy during the fall of 1986.
Again, the City of Eagan was extremely pleased with the position
of the Tax Conference Committee during this past session. All the
time and considerations that were made by the House and Senate
should not be put to rest without a special session.
Your consideration and sensitivity to our local concerns are
greatly appreciated. I would be more than happy to discuss the
impact of budget cuts to our community at any time.
Since ely,
Bea Blomquist
Mayor
BB/TLH/kf
THE LONE OAK TREE. THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY