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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 E X X W 'O�A ' g• cu 41aci\� u,7 jay\ 20 Q W - W Z Q Z . W a t Zl Ct s o Y W X. ;� N D z J r•O .• ••r •O i-.. _ i C.. llo 21. _ - '.'oho: �� � .. lis _ • �■ ei - _ t= a�i :o � s°i �i �Ee .. ii Yr .r _ _ • s_ ••_'L Ic •.. :i : i� a? :: :_ t• � is 3= " - - • +ice of ±: �:a-- •::'o - _- _ _-- �� =i _ � u=, yid 'i.- -_ � • EM zl=— St ............: �0. 7.7 r= :: �Or•• .: •. .e •M•� :.� rh: =.:• MtE ComC' : _i•w: •: �i.Z 'O�A ' g• cu 41aci\� u,7 jay\ 20 Q W - W Z Q Z . W a t Ct s o Y W N D z J 'O�A ' g• cu 41aci\� u,7 jay\ 20 ".l; It 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. 7,1 Z 0 7-2- W, t--W-)r IV S, —7 1— ftL f-,\ xvffu AV 34.1 LLJ LLI WA" WE - New— A -A 7-2- 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" r� 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. a5 eaw-o3 ' --022�03� i�•, . ♦', ,��r, ti r of02. r ♦' e a / 03 i �,� Q' •� " sib_ •e'• p' ,• _.. ,. • k ._ J � e Of12�02••• w • � ��� O�Z- C / S 02 ` !e•° ` ' TVy O �,"a 00, EILO 064. 01� . _. �!+ -?!•� ♦ ♦ �O _ . . L is �+ S sI `� ..� \• pPC. f>_ �' �'V Irt✓�n 81 �•�/• i GOO dT /A A° ma c= O 73 •� L - \ Via: �'. a lk h~ Q 4 �/ • 02.0-01 "0�1 KNUTP— ^P4 CP TAL L0-52 O- S2 P �� ✓ •'- y C.Zi 1006 OYTLOT A •I. Az AN " a' O IIIM cr: �.• TRO EAG AN M E . u�.. arm:: S 1 L V � R B F� �-iL (� O A O..rar•.•• --. nar °.• ....o.-- 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. -' q LP"ilii � a �h�i v� � t s 3 #� . •i"i t K�Fr �„�$"-�c��as'�`�� =�z ; Y�� .:�-'syy-�t Ems• �,J� "S3 ..r," � ; ?.t .t .'` ^G -rt' � _ ,. -4. N ;�. � 'x ;"�!•4 w - ,� *k SKS' i ... p- rGy '''v! j . ''�. � J 1 i c �t� Vt��irotl ����s✓£i ,��itt'i 7; 7,�'Fe, �i �t7�.Y��R`�.+�r4�4Tr� `Ff �.x — ^'� ,�; 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- �3 W Ll - e 3 � u 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. 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SOr n000 ^a; Ce O N O O O O PI OO OI. N O O r pwC III � ewoo�o.��mn4nee000no.nnaln.i pIn nn Door-nr. rno momron.nreanwia � R N M 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. ;7V A- 71 �U/ Q cc to z ! is wl IFl-v! ii :HIS ..... all, X\ .. It 4V Z Ll P z MW one QQ 6 ib (3nN3AV NOID NIX3 -1 20, *ON OYOM 'um ..!-E_WHTS E)P-23 8 'E I'd -Ij .�ESCOTI Do 11 89 -0 8-32.2 A.' I- t 8937 -1 5.0 .6 D C P'"I OP -7 82 829 7- CARRIAGE - I ia. H. iLLS E I-,rLF DP -22 -ARDEN; QP��63E 873-0 871.0 48-0 100-0e 890 CL IQ I - . 1.07-11.1 '-- �-S - Eft 88d.0 op�2 - - CENTE-W. g 4 --�aCE* 400000,`JP-3 'j-d' '652 0 .000p P-59 I 1601110 -- LL - Z P�; -3- 4. i - - - 882.0-1 "z! 8870 -7- 5 844.D K]�!!�--- "871 0 JP -4 \-p-847.2- - - 691:0,'. --88.7 -�8940 t -P-42 . �. -�-880.0 7.1 973 88 JP -2015 JP -62 I K.8 JP-( 888.1 185/.5 844.0 893.0 881 L 7 8955 JP 43 87 JP -15 8 8492-- 892�3 -4 F! 844.0 .143 893.5 12' P 8465 885.: T. BP -2 792.3 90LO 48 JP -4 440 846 .F jp 5 -823 ' a-, ;--L�" - . J-b-x,�.-- 834.0 11 -?I CITY HALL 7' JP -10 8M:3 830.0 SK -qijLE .?') JP -6- 818.9 SP -28 530.�o re, .6 JP -49 q68.0 OVD'� E 818.1 ,-K AL 830.0 N4S -8-b -3 .-9 -9 )'2 5 BP -4 B74:2 5 42 886.5 66 65 -12 d 'p 18 1'�-�O 9 P� 9 920. EJ! BP 90% :SEMEN - a - city of eagan EDPUBLIC WORKS DEPARTME ................ . .............. SUBJECT PARCEL ................ ................. ................ ................ STORM SEWER ;73 MASTER PLAN FIG. +1 approved- standard - plate #: JP -63 -- ' 8997 . 8874 JP -32 �' ip-11 900.. 815.7 --44 9 'y 885.7 1- jp -31 888� Oc 8763 8300 890.7 895.7 J-1) -7:1 413- JP= J-9 87' 88, p - i71300 8 879.4 NC -T---'.'43 mi 27: J-dd i 11 jp j I 88 8 Ar JP -29 926-0 945.0 JP -51 It .976-0 43 980.0 i-ee .JP -28 3.8 'LA -956.0 i .1969.4 A: i P 9E 97 Jlb= 40 ................ . .............. SUBJECT PARCEL ................ ................. ................ ................ 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 m � n s C. K. WINDEN & ASSOCIATES, INC. LAND SURVEYORS TOL 646.3646 11761 EUSTIS ST., ST. I!AUL, MINN. 1561109 Scale: V-30' e Denotes Iron Monument Bearings Are Assumed. a '^ 'Oro. oge tri U>'i /i>y 4r'9 W a �� - .Q 0' o N 87°30'29"w x v 125.00-7 (9�h I0 0 13.5 1O WO f° 0 3o a �a ,� N ul w to � = `" cv Z4 10 m _ 12_ O loo W - I �;r1 LJCE �0 W 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. 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I . . . p: �i.!. , - - . - .. ,.!!.., " .- ..- ..-,-`F-� ,4 C-1 - I.,.,. I. :,-Y�' 11 - .- -, -C. � r '... . , , * , - � . 4 1 . , �, .. � .. - . I � " ".. . . � , . : -1 . � I. I , % 1-1� . .; '' - . . - . . , ,7� .; . , ;, I" � " . . . . . % , '.! � - . . . . . ;I . I 11-0-6-- �� . , �j I- m. . . . . . . . .. �- , .� 'r . %. � ., .. , , - �i I,-.ff . I ... . . . . � : . Y,�. - '. .., .j .", " I . I , ': - I . .. I � . 7 . �., ._ . i.- V.Z. , . . I - . . - - I I .. I 1. . , - , . .,4,..(" . - . . . . . - .. ,. , I - �. .. .. ; , - .. I �- I - - : , .: -, . �: � "., .:� . - .- - -r�:!' .: i. 0; ,,v,. I . . . . . . - . , 1 '.1 . . _:...�t""'-' ,---" �. ,y 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. 9- 4�d 0 m D �> Z Z M z Z Z n cn Z o 0 n m G7 a L/ m a 1937 0 n P A n o 0 0 ri n o m � fD z c a s+ o •rt az r� c n -• c n C+ roIn 0 n z o o.1 o� o as �e Z rr o o n rD I I i c CD A i r 3 a IF N t+ L C Z m Q � c L fD C I N L' C V A I C cl N m • m 3 P rn O C-) P m a � z 0 G m P m v m n m 3 P m A L A z c A a m m W c a z 3 m D �> Z Z M z Z Z n cn Z o 0 n m G7 a L/ m a 1937 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 IL O ~ S U v cn vlieo J 4 IL tm ujL- T---- ---- ----- -� Y W N cc o Y L cc 1' 1 cc 1 � TrJ 1 J i c a 3K Y. . 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. 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OR •: CONDO Y•..�rlR�_aF^•.. 2 -FAMILY �` '_i�:�.'3 TOTALS ate..... �p wT BUILDING _ :r PERMIT S 557.00 9933 W. rr }fierG �`� 9930 38 40 - Y d N ta.r 7 7 9899 '�f �ZyS S44.M� A N^yl„ 9902 Z N N N ", 1 ,.,. d '9 1 O N 1 O -0S N C p TYPE 4 -UNIT TOWNHOUSE 6 -UNIT Y a H m APT. OR •: CONDO ,•1.' _ _-_ 2 -FAMILY H H z T [' TOTALS - COMMERCl/ wT BUILDING _ :r PERMIT S 557.00 9933 W. rr }fierG �`� 9930 38 40 - Y d N ta.r 7 7 9899 '�f �ZyS S44.M� A N^yl„ 9902 Y a H m N a O n O [A O s $ r O a x m In r 'tf tna N H N H H z T [' a H r `q 10 to r w 0 N 9 r H r t a H n m y tax m 557.00 7,769.00 f!� ,�R, ,.• 38 40 - Y d N ta.r 7 7 m ; 5.861.00 A O Z N N N ", 1 ,.,. d '9 1 O N 1 O -0S N C p 7 00 A He N Oi O m y IF+ N O N < N t~9 N M ., M N w Z m N M ~ O 4A in Ca N m i t O r ae H OPO m O 0 v aD O O O O o O O Z w _ M 'O m v r P r C N t0i� ONo tF.r H m m 'O A V co N N W U U •�. V O N U 4i o o 0 0 o m m M r+ H 0% P m Oi P U W r V P V m41 r DD U •O V 00 O W �O W P •O V P 'TI m N ln, V U V m U 0 U p U p p O H p LV1 { SSm01 2 max m a02m to p 9,344.00 N M N C t+N C �••' 0% cr a C /0 t' C x O m 1+- ra r e 7 0 1 3 W Y c - M7 2 r 7 N N 1 196,000 3 t0 O eD r 7 n 3 ,+ 3 nW -X- � n 557.00 7,769.00 f!� ,�R, ,.• 38 40 - Y d N ta.r 7 7 m ; 5.861.00 A O 00 00 N N ", 1 ,.,. d '9 1 O N 1 O -0S N C p 7 A He N Oi O m y IF+ N O N < N t~9 N M M N w Z m N M ~ 4A N m i t O 0 w _ PROTECTIVE INSPECTIONS - MONTHLY INFORMATION DATE: FEBRUARY 1985 F NUMBER OF P..INPS..r NUMBER Au.— 0 OF PERMITS BUILDINGS UNITS VALUATIONS PERMIT FEES CHARGE FEES TOTAL FEES 4 1 4 ; 244,000 ; 1,264.00 ; 122.00 ; 632.00 ; 8,018.00 0 0 32 • 8 32 1,696,000 9,344.00 848.00 ; 4,672.00 $ 53,680.00 4 2 $ 4 196,000 1,114.00 557.00 557.00 7,769.00 40 11 38 40 ;2,136,000 11,522.00 1,527.00 ; 5.861.00 ; 69,467.00 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-- 0 be p�p�' Nn�N r?) r-4 ch co 0 C fMrr-I-ILnN MO U) Z W Z c11 Scm, G7 C W C S z O 0 Q� e g 4) Q O ~ 3 � i L L i• !• N Z � •• L � �• L L d m m f0 Q1 C V > L a•+ +.+ L C .. y S� ~ p r� �j CC J �0 W+� a O O i- L Ea J O a Q W Z Z �—i } O r� IN fIft O C O N Im Ln V Ol M rn r -I �--I On r -i r -I r•I b V C GJ d t0 �0 n tf�' � co N ri �' 00 � M r -I N �'1( ON1 W a us M I M co L 00= V 60.+ Ir -I r -I eo ,n w O v+ d c 0.2 L �.{" GJ •� c�a�I a m �L a /33 V G �p N �9 b ri •� •r�I •� i ro 04 NI m a' > (U +.+ Q � L L u W Irl L CDJ O L •� W m M S O N wL. d 0 a Q1 W er r- < Q®•N Ln 7 O's. vn I N 7 O Gl C f0 N u N f A L N � L o m U L- QN •- Ln Q: C O •>� J r - LL. N CL 7 t C M O N E ++ N i .- u L +j t- O t 4-J 2 im N - N C O Tti � a.+ — a > > - L u N C O r- u N C L f� +r L u L N N G N •N N N •- u Z W N 4- 4J O C L tQ N E E :3 O Z U rfl D I I I 1 r -I I I I I I 1 N I I I I r• -i 1 I I -i I I I I r -I I I r --I I I M r -i r♦ ri r --I r -I r -I r l rl rl r --i r -i I 1 I rl M r -i r -i I rl N I N r-1 M M I l l i l r i r -I N I I r -I I I I r i 1 1 r -i N I I M RZP a N I r -I I r -I r•i I I ri r -I r -I I r -I I I I I 1 I N r1 I i I r-1 r -i I I I1 CN r-1 I I I I r -I I I 1 I I r-1 I I I I I I I I I I I I I I I I I r -i I r -I ri r1 r'I I I I I I I� I I I I I I N I I 1 1 I 1 I I M M 1 N rl N r -i r -j rq 1 I M r -i r-1 I I I I I 1 r -i I I 1 I r-1 I I i I r --I I N r -I r -i l (�Op0p l04qTri 111Mmw rrld' DNmr-Id'rIM1-O00MMMlllr-i j` r -I r -i r -i r -I r --i r4 r4 N M r-1 r-1 r --I r- N N r -i r -i M ri Ql dr r4 N lO W r1 r- N Lf'11-1-W Ln NMOIn r -I N r 1 -NON m%.o aN N r -I ri r -I N r -I r --I rl ri ri r -I r-1 r -i r-♦ M M N N r-1 N N M M r -I r--1 O 13� r-j N M q' Lf 1 lO 1- w m 0 r -i N M dr t o lO I- w m 0 r -I N M Cr Ln k0 [- w r--Iri -- rir-lrlr-i r-Ir-Ir-i NNNNNNNNN r If 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 JGG:dj /3% PHYLLIS WACHUTKA MAR - 41986 FIRS) INSURANCE VALLEY VIEW 1612) 944-8200 . .*gym +rsnn�.+r it .s ...77_1 7,q 7 Ti•m f �; f; .-ti ;:y:.ti.+ti;:;<•i: i.; (` r,r:. ;#%, "; #.#,:<,; ,r.3, r'i t ;.`p 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