12/17/1985 - City Council RegularREGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
CITY HALL
DECEMBER 17, 1985
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES
III.Q• 6:37 - PEOPLES NATURAL GAS COMPANY
IV.�6:45 - TAX ABATEMENT _ DAKOTA COUNTY TAX ASSESSOR'S OFFICE
9-,6:50 - DEPARTMENT HEAD BUSINESS
�D.0 A. Fire Department QU C. Park & Recreation Department 1 e•u B. Police Department AD. Public Works Department
VI. -'6:53-=,CONSENT'AGENDA
p. /0 A. Contractors' Licenses
p•/a B. Personnel Items
P.a D C. Valley Sanitation for Rubbish License
P.1 o D. Contract 84-10, Final Payment/Acceptance, Coachman/Silver Bell
Roads - Streets
P.a1 E. Contract 85-14, Final Payment/Acceptance, Spring Park Construe -
Lion
P.al F. Contract 85-04, Final Payment/Acceptance, Rahn Park Grading
P• G. -Project 462, Receive -Feasibility •Report,:Order.Public_Hearing
(Windtree 5th & 6th Addition - Streets"& Utilities)
p. -LA H. Project 464, Receive FeasibilityReport, Order Public Hearing
-(Wyndham.Corporate'Center -.Streets & Utilities)
A P. z. -'Vacate Utllity�Easements, Receive Petition/Order Public,Hearing.
(Eagandale Office Park)
_ .aq J. -sContract. 85-8,:_ Approve .Change' Order 01 -(Town Centre .70 & .100
Additions)
a5 K. Approve..Final Plat, Westbrook.lst.Addition (Thomas Westbrook)
�.a l L. Contract 85-12, Final Payment/Acceptance, Lexington Place South
- Streets
P.ag M. Approve Final Plat, Rahn Ridge Addition (Rahn Ridge Associates)
VII. 7:00 - PUBLIC HEARINGS
P. 30 A. Public Hearing for Consideration of Federal Revenue Sharing
Funds
P.31 B. Public Hearing for Project 423 (Group W Addition - Streets)
P_ 3,;L -C. Public Hearing for Vacation of Drainage and Utility Easements in
_. Town Centre 70 Addition
VIII. OLD BUSINESS
p.3y A. Metropolitan Council Update: Met Council Representative Mary
Martin
p.3(o B. Group W Cable Update: Jim Commers, Manager - Group W
3b C. Final Resolution for $1,880,000 in Multifamily Housing Revenue
P, Bonds for Wescott Hills Fourth Addition (John Houston & Darrel
Gonyea)
p.37 D. Final Resolution for $10,000,000 in Multifamily Housing Revenue
Bonds for Thomas Lake Place(DominiumGroup)
P.3Y E. 1986 Budget
IS. NEW BUSINESS
p.yj A. Conditional Use Permit (Hardees Restaurant) for a Drive -Through
Restaurant on Approximately 1.5 Acres and a 143 S.F. Pylon Sign
on Lot 1, Block 1, First Minnehaha Addition in Part of NW 1/4 of
Section 15, Duckwood Drive & Pilot Knob Road
P.y I B. Conditional Use Permit (Lu Vang) for Limited Meat Processing
Operation on 10 Acres in an Agricultural District, Lot 4, Block
3, Wescott Garden Lots Located in Part of N 1/2 of Section 14,
West of Trails End.Road
C. ''Conditional !'Use Permit '(Magnum -Towing - Kevin Mellon) for Out -
..side Storage on Lot 3, Block 1, Halley's 1st Addition in Part of
SE* 1/4 of Section 36, East of Dodd Road and West of Biscayne
Avenue
S. ADDITIONAL ITEMS
p.59 A. Designation of Fund Balance for 1985 Budget Carry -Over
f.&0 B. Review of Park Shelter Plan .-
p.Co/ C. Contract 85-26, Receive Bids/Award Contract (Wells #8 & #9)
SI. _VISITOBS.'TO BE BEARD (for Bose'persons';nvk-on-,the, agenda)
SII. _9DJOUENMENT
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: DECEMBER 13, 1985
SUBJECT: AGENDA INFORMATION
After approval is given to the December 17, 1985, agenda and minutes
of the December 3, 1985, regular City Council meeting, the following
items are in order for consideration.
PEOPLES,NATURAL.GAS>.COMPANY:
PEOPLES NATURAL GAS COMPANY
_Recently,_=Peoples.Natural Gas .Company was acquired by another com-
pany. Since the City of Eagan has, in effect, a 25 -year franchise
agreement with Peoples Natural Gas Company in ordinance form, it
is appropriate that Peoples Natural Gas Company formally announce
their change of ownership to the City Council. Mr. Roger Lee,
.:the .local ..manager _for- Peoples ;=Natural Gas, and .their. _district
manager,'Jerry Lovell, will be present to discuss the sale of the
company and answer any questions.- Attacbed on page o2 is a copy
of Mr. Lee's letter requesting time on the City Council agenda.
•
Peoples
Natural Gas
'Company
3958 Sibley Memorial Highway
Eagan, Minnesota 55122
Phone: (612) 454-6080
November 5, 1985
Mr. Thomas L. Hedges
• City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan,..MN __55]22
-Dear Tom:
This is to confirm our telephone conversation as of
today, requesting an assigned time of 6:30 P.M. on
Tuesday, December 17, 1985 council agenda.
District Manager, Jerry Lovell, and I will attend. We
will discuss the sale of our company and answer questions.
Sincerely,
Roger H. Lee
::,:CocalManager
RHL:dlo
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Agenda Information
December 17, 1985,
Page Two
Memo
City Council Meeting
DAKOTA COUNTY TAX ASSESSOR'S OFFICE
Tax Abatement/Dakota County Tax Assessor's Office --A request for
a real estate abatement was presented for review by the City Council
for property described as #10-00300-040-75 under the ownership
of Mary Post. The description offered by the County Assessor's
office is as follows. "This is a narrow strip, approximately 6' X
230' and was overvalued at she time the division was completed.
The estimated market value should be reduced from $1000 to $100.
-.__T ..assessed .=value . should --he reduced -from-$400 to $40." For a
copy of the location map descr bing the real estate in question
for an abatement, refer to pages ,.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the real
-estate ..abatement_=as recommended-.z.by::,-the_-Da:.ota .jCounty Assessor's
office for the Mary Post property.
MARY POST
*10-00300-040-75
SUBJECT PARCEL
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ABATEMENTS --
Real Estate: Approved
Mary Post
#10-00300-040-75
Eagan, City of
December 17, 1985'
This is a narrow strip, approximately 6'
by 230' and was over -valued at time of
the division was completed. The estimated
market value should be reduced from $1,000
to $100. The assessed value should be
reduced from $400 to $40.
u
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Agenda Information
December 17, 1985,
Page Three
A. FIRE DEPARTMENT
Memo
City Council Meeting
FIRE DEPARTMENT
There are no items to .be considered for the Fire Department at
this time.
POLICE DEPARTMENT
B_ _POLICE DEPARTMENT
There are no items to be considered for the Police Department at
• this .time.
PARKS & RECREATION DEPARTMENT
C. PARKS & RECREATION DEPARTMENT
Item 1. 1986 Cash Dedication Fee for Apartment Units --The Advisory
Parks and Recreation Commission is reco:m-nending that the 1986 cash
dedication fee for apartment units be raised from $278 to $300
per unit. All parks dedication fees were examined by the Commission
at their last regular meeting held on December 5, 1985. The Commis-
sion is not recommending any changes for the single-family or multi-
family units in 1986. Please refer to a copy of a memorandum sub-
mitted by the Director of Parks & Recreation providing background
and %ththe recomm ndation.for the park dedication fees_ found on pages
rough_
•-ACTION'TO BE CONSIIIERED ON THIS ITEM: To approve or -deny -an -increase
in the park dedication.fees for apartment units from $278 to $300
_ _.__per..unit.
MWO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
TOM HEDGES, CITY ADMINISTRATOR
FROM: REN VRAA, DIRECTOR OF PARRS & RECREATION
DATE: DECEMBER 11, 1985
RE: ADVISORY PARKS & RECREATION COMMISSION
1986 PARKS DEDICATION FEES
BACKGROUND
On an annual basis, the Advisory Commission reviews the parks dedication fee
formula for revisions to insure that the formula and fee schedule is current
with todays economic conditions. This has been an annual process of the
-Advisory Commission dating back to approximately 1982.
COMMISSION'S DISCUSSION
• At the November meeting, the Commission first reviewed the data collected by
the.staff-concerning 1.986_fees.-._A.number-of _questions were raised and in
particular, the -'Commission focusedonwhat-was believed to be too low a fee
-f or- apartment, units. There was additional discussion concerning the City's
formula which is used to set the fees and what other communities are using for
formulas to compute their cash dedication fees.
The Advisory Commission then asked staff to report back at the December
meeting of the Commission what other communities were using for fee formulas,
a possible sliding schedule for land dedication based on densities, etc.
At the December meeting, staff reported that the cities of Maple Grove and
Eden Prairie were also considering_- review and changes_'to.their.:parks
dedication formula/City ordinance -along -with -Eagan. The Directors of these
communities are to meet -for full review -of this issue with.a possible outcome
-Cf -.a.-parks: 'dedicatinn-nrdinance-:and:: fee -formula which:- any :be:more-consistent
between the communities in terms of wording. Formulas would still allow
flexibility based on local economics, the status of the parks system, and
:other. significant differences which,may,impact-a-- parks -dedication _-formula. _It
was reported that such a review may not. be completed until the second quarter
of 1986 or"possibly longer.
The Advisory Commission then discussed its alternatives for the 1986 cash
dedication requirements in order to makes its recommendation to the City
Council.
RECOMMENDATIONS TO THE CITY COUNCIL
.It was the recommendation of the Advisory Parks & Recreation Commission to the
City Council that 1986 cash dedication fees remain at $440 per single family
.-unit, $365 per multiple family unit -and apartment... units_be_raised.from $278 to
$300 -per unit. The.. Commission: reasoned that the -increase in this particular
classification is based on the- ratio of population and density in apartment
units versus single family residential development. It was also noted that
_tbe_City of -Eagan!s_apartment.fee was notably less than area communities -in
comparison -to: -the single-family fees.
-''Further, the Commission will continue its review of the parks dedication fee
formulas immediately after the staff report expected midyear 1986. Additional
recommendation to the City Council may be forthcoming after review and
discussion by the Commission of the staff report.
Respectfully submitted on Behalf of the
Advisory Parks & Recreation Commission,
.
Director of Parks & Recreation
RV/js
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Agenda Information Memo
December 17, 1985, City Council Meeting
Page Four
PUBLIC WORKS DEPARTMENT
D. PUBLIC WORKS DEPARTMENT
1. Stop Sign - Covington Lane at Flora Drive -- At the June
4 Council meeting, the Council authorized the installation of
a stop sign on Covington Lane at the intersection with Flora
Drive for a six-month time period to evaluate the effect of
that installation through subsequent periodic surveys by the
Police Department pertaining to observed speeds and stop sign
violations. On June 15, the Police Department performed a stop
" sign-'oompliance--study --for: a -half-hour -during which time 16 cars
were observed. One car totally violated the stop sign and was
• given a warning ticket. Four cars performed rolling stops through
the stop sign, with the remainder fully complying with the stop
sign. No speed limit surveys were performed, but a personal
contact -by :'.the -:police: Department -with a:; eneighbor-indicated that
the stop sign has helped .reduce the incidence of speeding.
After 'the installation of the' -stop -sign, neither the Police
Department or the Engineering Division has received any further
complaints pertaining to speeds or stop sign violations.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the permanent
installation of a stop sign on Covington Lane at the intersection
with Flora Drive.
•
Agenda Information
December 17, 1985,
Page Five
Memo
City Council Meeting
There are thirteen (13) 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_ is a list of contrac-
tors who -are-•renewing -or who have been. -selected and retained as
the builder by a customer either living in or planning to reside
in Eagan. These contractors have references from other municipal-
ities or their client permit applications are awaiting City Council
approval for a contractor license.
ACTION TO BE CONSIDERED ON THIS 27EM: To approve the list of con-
tractors' licenses as presented.
•
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•7«• I: 71'
• •' Y71
1. BRUTGER CCMPANIES
2. DA= CONSTRUCTION CO.
3. F-& N GENERAL CONTRAcioRS, INC.
4. HARVEY HC4ES, INC.
5. LECY CONSTRUCTION, INC.
.6. OSTMAN CONSTRUCTION
7. PATIO ENCLOSURES, INC.
8. RMC DEVELOPMENT CORP.
9. NETWORK DEVELOPMENT, INC.
10. TCM CONSTRUCTION, INC.
11. 3M
12:-TfC:=M*-ICS'- FIS BUILDERS; -MU.
• TE'a'ING & VENTILATING
1:
:ALLAN -BEATING -& ATR- ci a=cNING
.2. BEAMISH HEATING & AIR CONDITIONING
3. H. CONRAD MFG. COMPANY
4. J&J HEATING & SHEET METAL, INC.
5. RON'S MECHANICAL, INC.
6. SOUTHSIDE HEATING &.AIR CCNDITIONING
7. TiIERMEX CORPORATION
8. STRIETZ HEATING & COOLING
P • IY MD 171 •
1. HEAT-N-GLO FIREPLACE
1. MINNETONKA POOLS, INC.
r•v Y-17 1 • � •71 1 ,.
.••1 X17\ UI 71•
' 71 71• • 7'.• I• 1
•
• •;� 1]171' • • I71C 1.
P • IY MD 171 •
1. HEAT-N-GLO FIREPLACE
1. MINNETONKA POOLS, INC.
Agenda Information
December 17, 1985,
Page Six
B. PERSONNEL ITEMS
Memo
City Council Meeting
PERSONNEL ITEMS
There are four (4) items to be addressed under Personnel Items.
1. Clerk -Typist (Administration) --Due to reorganization in the
Engineering/Planning Departments, one, part-time clerk typist posi-
tion has been eliminated. Considering that there is an opening
for a part-time clerk typist in the typing pool (Administration)
due to the promotion of Deanna Rivi from clerk typist to assessment
clerk,._it..is recommended that the vacant position be filled by
transferring the clerk typist from Engineering/Planning to Admini-
stration. Jane Helebrant is the employee who would be transferred.
• Ms. Helebrant is still on probation in the Engineering/Planning
Department. She would again begin a 12 -month probationary period
In :he -r ..new ..position as -.outlined . in the _union . contract _and -personnel
Policy. She, however, would keep 'seniority and other benefits
earned to date from her previous position.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment
of Jane Helebrant as a part-time (6 hours daily) clerk typist in
the typing pool in Administration to be effective January 1, 1986,
at her present rate of pay.
2. Resignation (Utility Maintenance Worker) --On December 4, 1985,
Wilson "Bob" Marker, an employee in the Utility --Department, submit-
ted his resignation to be effective immediately -
3== . TO . BE- LONSIDERED .. DN...THIS .STEM: .To _ accept =the _resignation
` -of 'Wilson 'Bob" - Marker --and --to -authorize—the -advertisement --fnr
Utility Maintenance Worker at the rate of pay currently recognized
._ _.by the.collective bargaining agreement.
3. Police .Officer --Chief of -Police Berthe is recommending the
promotion of David Ringberg :to Police Officer effective -January
6, 1986, as authorized in the 1985 budget. For additional informa-
tion on Chief Berthe's recommendation, please refer to the attached
memo found on page
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the designation
of David Ringberg as Police Officer effective January 6, 1986._
ia-
police department
or
3830 Pilot Knob Road
Eagan, Minnesota 55122
9 December 1985
TO: Thomas L. Hedges, City Administrator
FROM: Chief of Police
SUBJECT: PROMOTION OF CADET TO POLICE OFFICER
JAY M. aE RiNE
U, ftb
PATRECK J. GEAGAN
a inin... foam
KENNETH D. ASZMANN
agmen, wum
I would like to recommend David Ringberg for the position of
•police officer effective January 6, 1986 as authorized in our
1986 budget.
David has'"been a 'Community 'Service, -Officer with -this depart-
ment, -and -promoting -through this .-program.. has-been extremely
beneficial to the police department in the past. The C.S.O.'s
we hire have completed their educational and skills require-
ments and are waiting hiring as police officers in order to
activate their P.O.S.T. license. Each time we have advertised
the C.S.O. position, we have interviewed ten to twenty appli-
cants. The top three applicants are screened extensively by
means of backgrounds checks, etc. During the time they are
C.S.O.'s, we have the opportunity to view them with the
possibility of them becoming police officers for our depart-
ment. Some of our C.S.O.'s have not worked out and we have
terminated them. However, the majority .have done well and we
have promoted-
-them -Dave Ringberg will be an asset to the department and the City
.._of -Eagan. _.Therefore, __S -would like --approval _to hire .him _ as .a
police officer effective January 6, 1986.
I would also like your approval to hire Allan Haugstad as the
new C.S.O. to replace Dave Ringberg. Allan is currently in-
volved in a law enforcement curriculum per the P.O.S.T. Board
requirements. we have completed all of the aforementioned
background checks on him.
Thank you.
Ja` M. Berthe
JMB/vk
cc: Captains Geagan & Aszmann
/3
THE LONE OAK TREE. - .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Seven
4. Internal Revenue Regulations Regarding Fringe Benefits --The
Internal Revenue Service has adopted regulations that require that
the full value of non-cash, fringe benefits be included in an
employees' gross income and, therefore, several resolutions per-
taining to the use of City vehicles by City employees must be con-
sidered and adopted by the City Council. The resolutions are as
follows: a) resolution to treat the taxable value of City vehicles
as being paid in the last pay period of December, b) resolution
to not withhold income tax from the taxable value of City -provided
vehicles, c) resolution electing October 31 special accounting
period for valuation of automobile use, d) resolution prohibiting
....personal :use of designated City vehicles, e) resolution requiring
certain employees to use City vehicles for commuting purposes.
• These regulations are new, as of 1985, and must be enforced by
the City of Eagan to assure proper compliance. Copies of the reso-
.lutions are enclosed _on .pages /s through Z9 -for-your _review.
The provisions set forth in each resolutions have been reviewed
with each department head who is affected by these regulations.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the five (5) reso-
lutions pertaining to IRS regulations requiring full value of non-
cash, fringe benefits, prohibition of personal use of designated
City vehicles and the requirement for certain employees to use
vehicles for commuting purposes.
•
Ca1)
RESOLUTION TO TREAT THE
TAXABLE VALUE OF CITY
VEHICLES AS BEING PAID IN THE
LAST PAY PERIOD OF DECEMBER
WHEREAS, the Internal Revenue Service regulations require
that the full value of non-cash fringe benefits be included in
gross income; and,
WHEREAS, a determination has been made that FICA contributions
must be withheld for such value in a pay period within the calendar
year; and,
WHEREAS, certain of the affected employees would be beyond the
_FICA contribution limit -.for the year, and
WHEREAS, the amount to be withheld for FICA would not be
• unreasonable:for a single paycheck.
-NOW,-THEREFORE, BE IT RESOLVED that the City of Eagan will
treat the taxable -portion of the employ.er.provided automobiles as
being paid with the last pay period prior to December 31 of each
year,
•
Motion By:
-Seconded By:
Members in Favor.-
Members
avorsMembers Opposed: _:ZITY:COUNCIL
CITY OF EAGAN
Date:
Attest:
City Clerk
/s
By:
Mayor
(6)
RESOLUTION TO NOT
WITHHOLD INCOME TAS
FROM THE TAXABLE VALUE
OF CITY -PROVIDED VEHICLES
WHEREAS, the Internal Revenue Service regulations require that
the full value of non-cash fringe benefits be included in an
employee's gross income; and,
WHEREAS, the election to not withhold income taxes is an
acceptable alternative under the current regulations, if it is
noticed to the employees by January 1 of each year.
...NOW, -..THEREFORE,. BE 1T -RESOLVED that the City of Eagan elects
not to withhold income tax on the taxable portion of employer
provided vehicles and staff is directed to notify affected employees
• ofthis election by January 1 of each year.
Motion By-
-Seconded By:
Members-in:Favor:
• Members Opposed: CITY COUNCIL
'Date:
Attest:
City Clerk
16
By:
Mayor
CA
RESOLUTION ELECTING OCTOBER 31
SPECIAL ACCOUNTING PERIOD FOR VALUATION OF
AUTOMOBILE USE
WHEREAS, the Internal Revenue Service regulations require that
the full value of non-cash fringe benefits be included in an
employee's gross income; and,
WHEREAS, the City of Eagan has adopted resolutions that will
require the accounting for such valuation during December of each
year; and,
WHEREAS, it is in the best interest of the City of Eagan and
its employees that such accounting be accurately based on actual
use; and,
WHEREAS, the Internal Revenue Service recognizes a.special
• accounting period ending October 31 of each year to allow for
accurate accounting.
.NOW,_.THEREFORE,_BE.-IT -RESOLVED that .the "City of. -Eagan elects to
use the special accounting period ending October -31 of each year
only for purposes of valuing non-cash fringe benefits for automobile
use.
,_:.Motion By:
• Seconded By:
Members in Favor:
Members...Opposeds _CITY COUNCIL
CITY OF-EAGAN
Date:
Attest: By:
City Clerk Mayor
17
(bi
RESOLUTION PROHIBITING PERSONAL USE
OF DESIGNATED CITY VEHICLES
WHEREAS, certain employees have need of City vehicles for the
conduct of their duties; and,
WHEREAS, such needs do not extend to a need to commute to and
or from work in such vehicle; and,
WHEREAS, the City has reason to believe that such employees
have used and will continue to use such vehicles for business use
and de minimus personal use only.
NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan
prohibits• -the -above mentioned --from all but business and de minimus
personal use of appropriately designated City vehicles to facilitate
the conduct of their regular duties. •
Motion By:
.Seconded_ By.:
Members in Favor:
Members Opposed:
Date:
Attest:
City Clerk
CITY COUNCIL •
CITY-OF-EAGAN
By=
Mayor
Ce-)
RESOLUTION REQUIRING
CERTAIN EMPLOYEES TO USE CITY
VEHICLES FOR COMMUTING PURPOSES
WHEREAS, certain employees - namely the Director of Public
Works, Director of Parks and Recreation, Superintendent of Public
Works, Superintendent of Streets, and Water Plant Foreman - have
needs within the scope of their duties which are best met through
the availability of a City vehicle; and,
WHEREAS, the City has required in the past that such employees
use City vehicles for commuting and de minimus personal use; and,
WHEREAS, the City has reason to believe that such employees
have used and will continue to use such vehicles for commuting and
.de minimususe only.
• NOW, THEREFORE, BE IT RESOLVED that the City of Eagan requires
the. above mentioned employees to use appropriately designated City
-vehicles -for _commuting.and de.minimus.use .in addition to business
_use to -facilitate the conduct of their regular duties.
-Motion By:
• `Seconded By:
Members in Favor:
-Members_Opposed:
_Date:
Attest:
City Clerk
/9
_CITY_COUNCIL
CITY OF FAGAN
By:
Mayor
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Eight
VALLEY SANITATION/RUBBISH LICENSE
C. Valley Sanitation for Rubbish License --A new license appli-
cation was received from Timothy Plan for a rubbish hauler's
license during calendar year 1986. Mr. Plan is currently licensed
in Apple Valley and Rosemount and according to the application
has never been denied a license from any other community. His
residency is 15296 Dresden Trail in Apple Valley and the business
name for his rubbish hauling is Valley Sanitation. All information
pertaining to the application has been received by the City Clerk's
office and has been found to be in order for consideration.
ACTION TO BE CONSIDERED ON THIS ITEM_ To approve the rubbish
• license for Valley Sanitation.
FINAL PAYMENT/ACCEPTANCE, COACHMAN/SILVER BELL RDS
D. Contract 84-10, Final Payment/Acceptance (Coachman/Silver
Bell Roads - Streets) -- We have received a request for final
payment and acceptance from the contractor for improvements
installed under the above -referenced City contract. All final
inspections _have been performed by. representatives of the Public
Works Department and final payment .quantities are in conformance
with the estimate =used _.for :the -final assessment .hearing held
_ -MM .Septembar._17_
• ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 9th and
final pay request for Contract 84-10 -(-Coachman/Silver -Bell Roads)
--in the-amount-.of.$30,.838_89-t0:$ituminOus Roadways, -Inc_
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Nine
CONTRACT 85-14 FOR FINAL PAYMENT
E. Contract 85-14, Final Payment/Acceptance, Spring Park Construc-
tion --The final payment for City Contract 85-14 for the Park
Construction that was performed this past spring by Central Land-
scaping, Inc., in the amount of $26,660.88 is in order for consider-
ation. The original contract amount was $476,837.05 and with
the addition of change orders in the amount of $19,192.12, the
revised contract amount for landscaping was $496,29.17. The
actual amount of the contract was lower than the -original contract
amount which is the result of lower unit quantitites than originally
-anticipated- The actual ..amount of ... this. _.City.- Contract was
$455,956.21.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the work associated ,
with City Contract 85-14 and make final payment to Central Land-
scaping, snc-, in -the amount.of $26,660_8B.
CONTRACT 85-04 FOR FINAL PAYMENT
F. Contract 85-04, Final Payment/Acceptance, Rahn Park Grading --The
consulting engineering firm of Bonestroo, Rosene, Anderlik and
Associates, is recommending the sixth and final payment of
$21,377.29 for City Contract 64-04. This contract involves the
grading for Rahn Park which was performed by Enebek Construction
Company. The original contract amount is $146,659. There was
an overrun or, .$9,93.1.43 which is ._the -result --of .._additional top
soil -material Sae to the shortage of suitable site material
"'Therefore;-the:t.Dtal-cost -of ._the -pro ject is'$156,590.43.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the work as com-
_-pleted .for .City _.CDn' act 84-04 and make _final __payment to .-Enebek
Construction in theamountof $21,377.29.
ai
•
I 1
LJ
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Ten
FEASIBILITY REPORT/PUBLIC HEARING/WINDTREE 5TH & 6TH ADDN
G. Project 462, Receive Feasibility Report/Order Public Hearing
(Windtree 5th & 6th Additions - Streets & Utilities) -- In response
to a petition received by the developers of the above -referenced
subdivisions, Council authorized the preparation of a feasibility
report for the installation of public improvements. This report
has now been completed and is being presented to the Council
for their review in consideration of scheduling the public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: Receive the feasibility
--report :_for_ Project -462 -(Windtree. 5th and 6th, Additions - streets
and utilities) and order the public hearing to be held January
21, 1986.
FEASIBILITY REPORT/PUBLIC HEARING/WYNDHAM CORP CTR
H. Project 464, Receive Feasibility -Report/Order Public Hearing
(Wyndham Corporate Center - Streets & Utilities) -- In -response
-to a petition received from the developers of the above -referenced
__subdivision,- Council. authorized _the. preparation .of .-a .feasi-hility.
-report which -has now -been - completed and -`is -being presented -to
the Council for their information and consideration of scheduling
a.public hearing.
ACTION TO . BE CONSIDERED ON THIS ITEM: To receive the .feasibility
report for Project 464, (Wyndham Corporate Center - Streets
and Utilities) and schedule the public hearing to be held January
21, 1985.
Agenda Information
December 17, 1985,
Page Eleven
Memo
City Council Meeting
VACATE UTILITY EASEMENTS/PETITION/PUBLIC HEARING/EAGANDALE OFFICE PK
I. Vacate Utility Easements, Receive Petition/Order Public
Hearing (Eagandale Office Park) -- As a part of the approved
preliminary plat for the Eagandale Office Park 3rd Addition,
it involved replatting certain lots of the 1st Addition which
results in a need to vacate the previously dedicated common
lot line drainage and utility easements. Subsequently, we have
received a petition from the developers requested the City to
vacate these previously dedicated common lot line drainage and
utility easements.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition
to vacate utility easements (Eagandale Office Park) and schedule
the public hearing to be held January 7, 1986. •
•
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twelve
APPROVE CHANGE ORDER #1/TOWN CENTRE 70 & 100 ADDNS.
J. Contract 85-8, Approve Change Order #1 (Town Centre 70
& 100 Additions) -- Contract 85-8 provided for the installation
of streets within the Town Centre 70 and 100 Additions. As
a result of subsequent developments and construction activities,
the change order to the contract is necessary to complete this
public improvement. This change order is identified as follows:
Part A
" Due -to"---frequent and significant periods of rainfall between
the preparation of the subgrade and the installation of the
• bituminous surface, portions of the subgrade became unstable
due to high moisture contents. Due to restricted time frames
associated with the required completion date, the only effective
way to correct -the-' resultant..soft._subgrade-..was.-through removal
and replacement which was ,beyond the scope of.the original contract.
(Add $37,519.58.)
Part B
With the final development plans changing from the initial concep-
tual development for the Town Centre 70 shopping center complex,
certain utility services had to be changed and relocated to
provide proper sewer and water service. (Add $8,316.64.)
Part C
_:At .the ::request =af _the -development .-of,-the.._Forest _Ridge ._subdivd_son,
• a previously proposed' 2" water service was' increased to -a V
water main lead to provide better water supply to that development_
(Add $2,813_68_)
.All .costs associated' --with all - three_ -.parts of this change order
will be assessed in total to the benefitted property owners
under Project 429.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve Change Order
#1 to Contract 85-8 (Town Centre 70 & 100 Additions - Streets)
and authorize the Mayor and City Clerk to execute all related
documents.
ON
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Thirteen
FINAL PLAT/WESTBROOK 1ST ADDN.
K. Approve Final Plat, Westbrook 1st Addition (Tom Westbrook)
-- We have received an application for final plat approval for
the. Westbrook 1st Addition, a copy of which is enclosed on page
,:2 (p . All conditions placed on the preliminary plat approval
by Council on September 3, 1985, have been complied with in
addition to all other final plat application requirements, which
have been reviewed by staff and found to be in order for favorable
Council action.
"ACTION' TO: BE CONSIDERED ON .THIS .ITEM: ..To approve the final
plat for the Westbrook 1st Addition and authorize the Mayor
and City Clerk to execute all related documents. •
•
a'
5
WESTBROOK FIRST
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2VEYORS INC.
1131
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H. SCHWANZ
2VEYORS INC.
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Fourteen
FINAL PAYMENT/ACCEPTANCE/LEXINGTON PLACE SOUTH
L. Contract 85-12, Final Payment/Acceptance (Lexington Place
South - Streets) -- We have received a request for final payment
from our consulting engineering firm along with a certification
of compliance to City approved plans and specifications for
the installation of streets in the Lexington Place South Addition.
All final inspections have been performed by representatives
of the Public Works Department and the final product is found
to be acceptable for perpetual maintenance.
:ACTION 'TO -$E -CONSIDERED- ON THIS ITEM: To approve the 3rd and
final payment for Contract 85-12 (Lexington Place South - streets)
• in the amount of $15,807.55 to Valley Paving, Inc., and accept
for -perpetual maintenance.
•
a�
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Fifteen
FINAL PLAT/RAHN RIDGE ADDITION
M. Approve Final Plat, Rahn Ridge Addition (Rahn Ridge Associates)
-- We have received an application for final plat approval for
the Rahn Ridge Addition located south of Cliff Road and west
of I -35E as shown by the map enclosed on page Ac. All conditions
to the preliminary plat approved by Council action on September
3 have been complied with in addition to all final plat application
materials being submitted, reviewed by staff and found to be
in order for favorable Council action.
-A=OLQ '-TO BE "'CONSIDERED - ON THIS 'ITEM: To approbe the final
plat for the Rahn Ridge Addition and authorize the Mayor and
City Clerk to execute all related documents. •
•
`4
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Agenda Information Memo
December 17, 1985, City Council Meeting
Page Sixteen
CONSIDERATION OF FEDERAL REVENUE SHARING FUNDS
A. Public Hearing for Consideration of Federal Revenue Sharing
Funds -- A budget hearing is required under the general revenue
sharing law provisions for all municipalities receiving entitlement
funds. This hearing must be held before an operating budget is
enacted for the ensuing year. The purpose of the budget hearing is
to determine how the federal revenue sharing monies are to be used
by the local municipality. As a part of both special and regular
'City -Council=--meetings -held during the past several months it has
been proposed that dollars available in the federal revenue sharing
fund during 1986 be allocated to the Public Works garage facility
addition that is proposed during calendar year 1986. The balance
available according to the Director of Finance in 1986 is
$624,304.00. This assumes:an'.:allctment,of.-approximately $111,000_00
for the three (3) quarters available during calendar 1986.
ACTION TO BE CONSIDERED ON THIS ITEM: To close -the public hearing
for consideration of federal revenue sharing funds during 1986 and
to approve or deny the designation of such funds for the municipal
Public works garage facility expansion project.
30
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Seventeen
PUBLIC HEARING/PROJECT 423/GROUP W ADDN
B. Proj. 423 (Group W Addition - Streets) -- On November 20, 1984,
the first public hearing was held to discuss the installation
of streets necessary to service the proposed Group W Cable Addition.
As a result of the comments received at that public hearing,
the Council directed staff to prepare an alternate to the proposed
improvement based on various phases of curb and gutter installation
with related street surfacing. Subsequently, an alternate to
the original report was prepared and discussed at the public
hearing held on July 2, 1985. At that time, the Council closed
the -tearing-- and --ordered the installation of .the improvement
and detailed plans and specifications. Upon review of the solicited
bids at the September 17 meeting, it was determined that the •
anticipated cost of the street construction exceeded the estimate
contained in the feasibility report by approximately 318. In
accordance with City policies `.where bids exceed estimates .by
more than 15%, the staff attempted to contact all property owners
to see if there were any objections _.to proceeding with awarding
the contract or holding a new public hearing.
In the staff's attempt to contact all potentially affected property
owners, it was discovered that there was an error in the original
public hearing notification process through the improper identifica-
tion of benefitted parcels and property owners of record.
Subsequently, at the November 6 Council meeting, the Council
received a revised feasibility _report and scheduled the public -
hearing to be held December 17_ The alternate to this feasibility
report -was irevised ..to .. incorporate more -accurate ..cost estimates
based on final design standards and bids received. Copies of
this revised feasibility report will be forwarded to the Council •
as .a part of the Administrative packet for their. -review and
"information during this public -hearing.
All notifications were .published in the legal newspaper and
sent to all current property owners of record informing them
of this new public hearing process. The Director of Public
Works and consulting engineer will be available to discuss this
project in further detail at the public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and approve/deny Project 423R - Alternate (Group W Addition
- Streets) and, if approved, award that portion of Contract
85-23 to McNamara Vivant Contracting, Inc., the low bidder.
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Eighteen
VACATION/DRAINAGE & UTILITY EASEMENTS (TOWN CENTRE 70 ADDN)
C. Vacation of Drainage and Utility Easements (Town Centre
70 Addition) -- With the proposed replat of a portion of the.
Town Centre 70 Addition into the 2nd Addition, certain common
lot line drainage and utility easements have to be vacated to
accomodate the proposed new lot lines in the 2nd Addition.
Enclosed on page �; 2) is a map showing the location of the
drainage and utility easements proposed to be vacated. All
notices have been published in the legal newspaper and sent
to all potentially affected utility companies. As of this date,
..:the staff has not•:received_any.objections to this proposed vacation.
• ACTION TO BE CONSIDERED ON THIS ITEM: Close the public hearing
and approve the vacation of the common lot line drainage and
utility easements between Lot 1, Block 1, in Outlot D of Town
Centre -70 .1st.. Addition and.. authorize-...the..Mayor .and ..City -Clerk
to execute all related documents.
•
30---
TOWN CENTRE 70 FIRST ADDITION
- N
•I_:al:��
J1
v. a . • tl e
1✓ i°YT.°T . e 6
n.vva 2' eJ. Ie 1
_"II
.. J
A.•e Y ••,,'Y•1 P �• rw :Tr 'derv['
LOTTPWN CBNTBq 70 ADDITION
a I " .II /',a1 I !• _ pegaI Description for
•"\.'oy �'r/ I 1`0C" I I easement pelDg Vpcated
_ 1 1
• .�•• _„ - � ... - I _ ...-__ - A 10 foot dfatpage an4 utility easement centered
M
1 w .a
OVrNT
1•S `WI 9
a.MNaa 6/
1 r,,y:rwr:• � I�
I
NWVa
over the southwesterly line of lot 1, Block 1, Town
Centre 70 First Addition between the 15 foot drainage
and utility easelpent abuttipg the south right-of-way
of Town Center Drive and the 5 foot drainage sod utility
easement abutting the south 1$ne of said Lot 1.
�Mli"w.�\I♦nlr INNS N.+1\Y .1.\ �r.
4�
".....r...aw .... s...." nsnrrT r.
.ww varve Me•P. e.1.11r..•n
r •t' .1 10e.xAn "WD wavey'"
.ser a er a ullq
a
I1;5 -:II
1 w .a
OVrNT
1•S `WI 9
a.MNaa 6/
1 r,,y:rwr:• � I�
I
NWVa
over the southwesterly line of lot 1, Block 1, Town
Centre 70 First Addition between the 15 foot drainage
and utility easelpent abuttipg the south right-of-way
of Town Center Drive and the 5 foot drainage sod utility
easement abutting the south 1$ne of said Lot 1.
�Mli"w.�\I♦nlr INNS N.+1\Y .1.\ �r.
4�
".....r...aw .... s...." nsnrrT r.
.ww varve Me•P. e.1.11r..•n
r •t' .1 10e.xAn "WD wavey'"
.ser a er a ullq
a
•
•
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Nineteen
MRTROPOLITAN COUNCIL UPDATE
A. Metropolitan Council Update: Met Council Representative
Mary Martin -- Mary Martin is planning to appear to provide
a brief update on various matters that are under review and
discussion by the Met Council. Please refer to a letter submitted
by Metropolitan Council Representative Martin found on page
a
-Tbere is no specific actiln-required on this item.
3
MARY S. MARTIN
ATTORNEY AT LAW
1102 GRAND AVENGE
ET. PAUL. MiNNEEOTA 551O3
Tmm .o. 012 - 2243070
December 6, 1985
Mr. Tom Hedges, Administrator
City of Eagan
3838 Pilot Knob Road
Eagan, MN 55112
'-RE: -December 17'. '19133'Courncil -Meeting
• Dear Tom:
Thisisto confirm that I would be pleased to appear before
the -Council -on December 17 at 7:30 p.m. (or shortly
thereafter) to provide an update -.on Metro -Council activities.
Mayor Blom uist thought a short discussion of barge fleeting
would be ointerest. Please let me know if there are any
other specific areas that you'd like to discuss.
I'd also like to give you my new addresses. My new home
address is:
2411 Francis Street
So. St. Paul, MN 55075
`:`-Effective--January-1,-my office7Will; be..removed=to:
1551 Livingston Avenue Suite 192
W. St. Paul, MN -55118
Anew phone number is.not-yet.assigned.
I look forward to seeing you and the Council on the 17th.
Sincerely,
Mary Ma tin
Metrop.l' an Council
MKM/av
3s
•
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twenty
GROUP W CABLE UPDATE
B. Group W Cable Update: Jim Commers Manager - Group W -- Mr. Jim
Commers, who is manager of the Group W Cable System for the cities
of Burnsville and Eagan, along with Ralph Campbell, a Burns-
ville/Eagan Cable Commission Administrator, will be present to
provide a cable update and answer any questions the City Council
might have regarding the new system. Examples of questions might be
rate of subscribership and date for completion of the system.
-There is no -act on-requi-red on this item.
WESCOTT BILLS FOURTH ADDITION/MULTIFAMILY HOUSING REVENUE BONDS
C. Final Resolution for $1,880,000 in Multifamily Housing Revenue
Bonds for Wescott Hills Fourth Addition -- The City's program
administrator, Miller a Schroeder Financial Inc., are recommending
that the final resolution for Wescott Hills Fourth Addition/Multi-
.family Flossing Revenue Bonds in the amount of $1,880,000 be .placed
on the December 17, 1985, agenda for consideration. All documents
have been prepared by Bond .Counsel, Miller a Schroeder .and
concurrently under. -review by '-the City Administrator; Directvr- of
Finance anel._City-Attorney_
• -ACTION -TO '70E "CONSIDERED -DN
resolution allowing for the
-Housing... Revenue Bonds. -relating
-THIS—ITEM: -To approve the --final
sale of $1,880,000 of Multifamily
to.:Wesaott.liills Fourth -:Addition_
3(D
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twenty -One
MULTIFAMILY HOUSING REVENUE BONDS THOMAS LAKE PLACE
D. Final Resolution for $10,000,000 in Multifamily Housing Revenue
Bonds for Thomas Lake Place -- The City's program administrator,
Miller & Schroeder Financial Inc., are recommending that the final
resolution for Thomas Lake Place/Multifamily Housing Revenue Bonds
in -the amount of $10,000,000 be placed on the December 17, 1985,
agenda for consideration. All documents have been prepared by Bond
"Counsel, -Miller -9 -Schroeder and concerrently under review by the
City Administrator, Director of Finance and City Attorney.
ACTION TO BE CONSIDERED ON THIS ITEM= To approve the final •
resolution allowing for the sale of $10,000,000 of Multifamily
Housing Revenue Bonds relating -to Thomas Lake.Place_
•
3-7
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twenty-two
1986 BUDGET
E. Adoption of 1986 Budget --The 1986 budget was prepared as a
result of budget proposals submitted by all department heads, an
extensive review and coordination by the City Administrator and
Director of Finance and -.development by the City Council. The City
Council held several work sessions ranging in time from August 27
until November 21. A public hearing was held on September 17, 1985,
to consider the proposed general fund budget.- The -total budget for
1986 is $6,200,000 for the general fund and the grand total revenues
for---the!=.public: _utilities --fund is _ estimated --at >$3,908,930_ The
utility fund revenues include both operating and nonoperating
• revenues which compare closely to the total operating and non-
operating expenses including depreciation. There are several other
factors related in the development and adoption of a budget. The
debt -service - funds .:totaling _ _approximately _:$8,000,000, - general
revenue sharing funds totaling $624,304 and the park site acquisi-
tion and development fund which includes cash donations received for
new develo""yyoments throughout the City. Enclosed on pages 3 9
through yp for informative purposes are copies of the general
fund revenues and expenditures summary sheets..
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1986
operating budget for the general fund, public utility funds and
other funds as compiled.
**If any member of the City Council -would like copies of any of the
worksheets that were used and distributed during -the development of
the .1986.budget _please _fee1_free. to contact. this office�at any time
40 --�ana those copies will not be made available for the City -Council
meeting Tuesday.
GENERAL FUND
COMPARATIVE SUMMARY OF REVENUES
39
Actual
Actual
Budget
Budget
Description
1983
1984
1985
1986
General Property Taxes
$ 1,988,514
$ 2,542,723
$ 2,886,320
$ 3,161,450
Licences
589375
55086
53,900
59,030
'Permits
390,570
435,469
413,450
677,850
Revenue
972,565
904,463
931,870
1,194,800
•Intergovernmental
Charges for Services
177,809
209,096
403,300
496,380
Recreation Charges
379045
38,222
38,200
39,230
""-Fines &-Forfeits
-47,339
'7B4O08
60,000
90,000 -
Miscellaneous Revenues
52,922
-38,375
37,600
50,660
Refunds-& Reimbursements
379,117
388,295
297,000
430,600
TOTAL GENERAL FUND
-----------
$ 4,104,256
-----------
.$ 4,710,037
-----------
$ 5,121,640
---------
$ 6,200,000
39
GENERAL FUND
COMPARATIVE SUMMARY OF EXPENDITUR
Actual Actual
1983 1984
GENERAL GOVERNMENT
01
Mayor & Council
02
Administration
05
Finance/Clerk/Elections
06
Legal
08
Planning & Zoning
09.....General.
Gov It Buildings
10 ----;able
TV
P11RT- C SAFETY
.11
Police
12
Fire
13
Protective Inspections
14
Animal Control
15
Civil Defense
16
Ambulance Service
Budget Budget
1985 1986
$ 31,138
$ 43,590
$ 32,070
$ 35,460
146,773
199,512
198,280
258,120
258,569
344,978
346,360
456,350
101,398
101,971
114,000
130,000
61,732
93,925
122,090
174,870
46,498
80,848
73,660
89,020
0
0
0
68,550
$ .646,108 $864,824- $ 886,460- $ 1-,2,212,M
$ 11407;551 4-4550,612
247,612
266,539
170,050
208,657
23,227
28,544
684
7,248
25,949
28,373
1 1,875,073 $ 2,089,973
PUBLIC WORKS
21 -Public Works Gln+ - ing $ 285,832 $ 319,777
22- ..-Streets.& Highways - "'5021_704 534,027
$ 788,536 $ 853,804
PARKS.& -RECREATION
.31 Parks & Recreation
.32 Tree Conservation
OTHER
41 Contingency
TOTAL GENERAL FUND EXPENDITURES
$ 1,640,910
305,720
240,160
29,220
10,350
31,350
$ 2,257,710
$ 342,160
-759,500
$ 1,101,660
4 452,048 $ 4751062 $ 614530
18,567 27,274 43,560
------------ ------------ -----------
$ 470,615 $ 502,336 $ 658,090
$ 1,916,520
351,770
410,300
32,460
7,060
37,920
$ 2,756,030
$ 403,12(00
- 93-�-
$ 1,333,490
$ 761,710
53,450
------------
$ 815,160
------------
0 0
$
217,720
$
82,950
------------ ------------
$ D $ - D
_
------------
_$
217,720
------------
.. $
.. 82,950
$ 3,780,332 $ 4,310,937
$
5,121,640
$
,i
6,200,000
7()
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twenty-three
CONDITIONAL USE PERMIT/HARDEES RESTAURANT
A. Conditional Use Permit (Hardees Restaurant) for a Drive- Through
Restaurant on Approximately 1.5 Acres and a 143 S.F. Pylon Sign on
Lot 1, Block 1, Minnehaha Addition -- A public hearing was held
before the Advisory Planning Commission at a regular meeting held on
November 26, 1985, to consider an application by Hardees Restaurant
.for ..conditional .use permit -to allow a drive- through ..£ acility and
pylon sign for a proposed Hardees Restaurant east of Pilot Knob Road
and south of Duckwood Drive. The APC is recommending approval of
the drive-through facility and also the sign application with the
understanding that the sign will be placed in the secondary location
:.and -.does .-not exceed ..125--S_E_....or::_27 ._Ft_..in_height_ . For .additional
information on this item refer to thePlan ing Department report,
copies enclosed on pages �--through for your review. The
Advisory Parks and Recreation met on ecember 5, 1985, and is
recommending that the two cents per square foot cash dedication
requirement be a condition of approval which is consistent with the
City's commercial/industrial dedication requirements. For action
that
was taken by the Advisory Planning Commission, refer to page(s)
—�? for a copy of those minutes.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit .for drive-through restaurant and pylon sign
for. Hardees .Restaurant.
CITY OF EAGAN
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: HARDEES RESTAURANT (STANLEY SCHULTZ)
LOCATION: NW4 OF SECTION 15
EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER)
DATE OF PUBLIC HEARING: NOVEMBER 26, 1985
.DATE OF REPORT:. -NOVEMBER 12, 1985
REPORTED -BY: JIM STURM
• APPLICATION SUBMITTED: An application has been submitted requesting
a Conditional Use Permit to allow a 'drive-thru' facility and
pylon sign for a proposed Hardee's Restaurant east of Pilot Knob
'Rd and south of-Duckwood Dr.
CODE COMPLIANCE/SITE PLANNING: -All building and parking setbacks
meet City Code requirements. 82 parking stalls are provided
80@ 10' x 20' and 2 @ 12' x 20'. The drive-thru area provides
staking for 6 cars and additional space for another 5 cars along
the south side of the building. The site plan indicates a future
building pad only to demonstrate the ample size of this parcel,
and the possibility of another building. Hardees will have two
access points from Krestwood Lane, each being 25' wide and providing
entrance/exit - service. `The drive area. -between the 20'_ parking
stalls will be 25' and .along, .with the 10' width .stalls. should
_.provide_safe,_freely.moving vehicular activity.
• The proposed sign location is approximately 20' from.:the property
lines thus meeting City Code. The - _sign will be very similar
......to.__the. approved:_.sign . at --the Nicols' Road 'Bardees. 'As '-with-that
sign, a variance is needed because the total sign area will be,
143 S.F_ -per -side - due to --- the.- 32 :S.F. - appendage sign_ -.City'_Code
allows 125 S.F. per side. This= -appendage sign and -_the main.
'Hardees' sign 111 S.F. are pre -manufactured with the next smallest
sign being 50 S.F.
If approved, the Conditional Use Permit shall be subject to the
following conditions:
1) The sign shall be at least 10' within the property line.
2) A variance. -shall_ -be granted to allow a maximum 143 S.F. of
.:sign area per. side.
3) The sign shall be no taller than 27'
—4) -The'-trash area be enclosed.
5) A landscape plan be submitted for Staff review before issuance
t of the building permit. 7 c;?—
20, 18, 2f
ti
lIt
3 13.32'
Ovil px
CJ
ri
ORT*
OAF
2 16'O
711 Q
07-
ep 0
L.IL_I___l _-l__[ I_u _l
r, I_ IDflip 016 LL Lil
U71]. 1 .
E
Hardee's Model 816 road sign is the primary sign used for the
main identification of the store. It is usually installed at 16' to
20' grade clearance- A Breakfast/Drive Thru appendage sign is
usually used. See appendage sign sheet.
SPECIFICATIONS:
SIZE: 7'23/4' x 15'5' x 1'2 518"
AREA: 111.44 sq. It.
WEIGHT: 1.025 lbs.
ELECTRICAL:
LOAD: 1- 20 Amp. 120 Voll Circuit
13A AmDS Maximum
LAMPS: F84TI2CWH0- CITY 14
BALLAST: FRANCE 388 D 3 lamp. OTY 2
FRANCE 488 D 4 lamp. OTY 2
SWITCH: 1 20 Amp.
Approved`
U11
6U: 1i
Li ild
IL
MODEL 816
0
'REA: 31.61 sq. 't.
WEIGHT: 390 IDS.
�'-ECTRICAL:
LOAD: 1-15 Ar.'� 120 Volt Circuit
9.2 AM. P !.',aximum
LAMPS: F60T12C, -JH0
Oty. 12
BALLAST: France 533D. 6 Lamp
Oty. 2
SWITCH: 1-15 AMPO
Oty. 12
EADDroved
APC Minutes
November 26, 1985
CONDITIONAL USE PERMIT-.HARDEE'S RESTAURANT
The public hearing on the application of Hardee's Restaurant (Stanley
.Schultz) requesting a conditional use permit to allow a drive-thru facility
and also a conditional use permit for a pylon sign for a .proposed Hardee's
Restaurant east of Pilot Knob Road and south of Duckwood Drive in the
northwest quarter of Section 15 was convened by Chairman Nall. City Planner
Runkle then reviewed the two conditional use requests describing the location
within a CSC zoning on 1.4 acres. It was indicated that it was possible to
split the lot in the future with the developer providing a site plan and
proposed building site. It was noted that the proposed sign was 143 square
feet, exceeding the ordinance requirements. Mr. Mike Diamond of Cardinal
Properties of St. Paul, appeared on behalf of the developer. Mr. Ed Finley, a
neighboring resident from 3520 Widgeon Way, had appeared expressing concern
-regarding the number -of commercial uses in the area and excessive lighting.
Chairman Hall closed the hearing. It was noted that the site was below the
• road level of Pilot Knob Road and that the sign would face north and south.
The optional sign location at approximately a mia-point of the lot was
aiscussed.in aaaition to the future signage needs of the area zoned for
°�.shopping- center .north- ofthe-propeity.:_McCrea moved,.Wilkins seconded the
motion .to..recommend. approval. of the drive-thru_-facility on the following
conditions:
1. The trash area shall be enclosed.
2. A landscape plan shall be submitted for staff review before issuance
of the building permit which would include at a minimum, berming along
Duckwood Drive with year-rouna plantings_ .
3. The Planning Commission .specifically does not endorse the.site.plan
for. future buildings •descri:bed,in the -developer's a" lication.
aAll.onted.:in,-favor.
• McCrea moved, Hall seconded the motion to recommend approval of the
uae._,permit _for -the,, pylon --sign -w.:s-f
--with condi tion
I..= The.sign shall he.at..least.l0..ieet..mithin she 4=perty., lino
2. The sign shall not be allowed to exceed the maximum 125 square feet of
sign area per side allowed under City Code.
3. The sign shall be no taller than 27 feet.
4. The sign shall be located at the alternate location, towards the
middle of the property.
All voted in favor.
7
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twenty-four
CONDITIONAL USE PERMIT/MEAT PROCESSING OPERATION
B. Conditional Use Permit (Lu Vang) For a Limited Meat Processing
Operation on 10 Acres in an Agricultural District --A public hearing
was held by the Advisory Planning Commission at their last regular
meeting held on November 26, 1985, to consider an application
submitted by Lu Vang requesting a conditional use permit to allow
a limited butchering operation in an agricultural district defined
as a part of the Wescott Garden lots. The Advisory Planning
Commission is recommending denial of the application. There
was a great deal of opposition from the surrounding residents
_at ..the _public hearing...__ It .was .determined .by -the APC that a meat
processing operation is not a permitted use in an agricultural
• district. For additional information on this item, refer to
-the Planning Department report, a copy is enclosed on pages
—yLthrough 5c;— For action that was taken by the Advisory
:.Planning. Coonnassion, -:xefer... to..._..: copy ...af __those.. minutes found on
page(s)
L J
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit for Lu Vang to allow a limited butchering
operation in an agricultural district defined as a part of the
Wescott Garden lots.
-V7
.r + 4
CITY OF EAGAN
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: LU VANG
LOCATION: NA OF SECTION 14
EXISTING ZONING: A (AGRICULTURAL)
DATE OF PUBLIC HEARING: NOVEMBER 26, 1985
DATE OF REPORT: NOVEMBER 12, 1985
REPORTED BY: JIM STURM
• APPLCIATION SUBMITTED: An application has been submitted requesting
a Conditional Use Permit to allow a limited butchering operation
in an agricultural district, part of the Wescott Garden lots in
the NW4 of Section -14.
BACKGROUND: The applicant intends to purchase the subject 10
acres contingent on the approval of the Conditional Use Permit.
The City Attorney's office has been notified of this application
and Staff has requested an interpretation of City Code in terms
of whether this activity is a business operation. If it is con-
sidered a business, then is it a permited business within an
agricultural district? Please see the attached response. As
per the phone conversations with the City Attorney's office,
Staff has processed this application in the normal procedure_
COMMENTS: I The Comprehensive Guide Plan designates this area
as R-1, Single. Family_ - The applicant will have 13 individnals
• in the house, immediate family and relatives. Butchering would
be limited to approximately 20 small hogs per week for members
of .the Hmong Community of 14p1s_/St _.Pani... _Mr Vang will --not be
raising the animals, as individuals will bring him the animals
to butcher for a $10.00 fee. There will be some animals on site
.though for his own family, mostly chickens and hogs.
Mr. Vang has a similar operation on 40 acres near Elk River and
has obtained the necessary permit from the Department of Agriculture
and also a permit to receive food stamps. The Eagan location
is desirable because of the close proximity to the St. Paul stock-
yards where the animals may be purchased.
s The existing home has a septic tank. An. additional septic tank
will be added to serve the meat processing area in the garage.
Animal waste and entrails will be picked up by a private disposal
service once a week.
LU VANG - CONDITIONAL USE PERMIT
NOVEMBER 26, 1985
PAGE 2
CONDITIONS: N
1) Installation of a separate septic tank/drainfield for the meat
processing built in accordance with Minnesota Pollution Control
Agency standards.
2) All applicable ordinances and regulations must be adhered to.
E
•
HAUGE, EIDE & KELLER, P.A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILDINGS
9906 SIBLEY MEMORIAL HIGHWAY
EAGAN• MINNESOTA 55122
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
MICHAEL J. MAYER
Mr. James Sturm
Eagan Assistant City Planner
3830 Pilot Knob Road
Eagan, Minnesota 55122
• RE: Request for Small Butcher Shop
--Dear Jim:
November 11, 1985
AREA CODE 612
TELEPHONE 4544224
Pursuant to our telephone conversation_of.November 8, I am writing to attempt
to provide some guidelines for the hearing to be scheduled in regard to Mr. Lu
Vang's request for a small butchering facility located on approximately 10
acres in the Westcott Garden area. It is my understanding that the property
is presently zoned agricultural with a comprehensive guide plan indication of
R-= Apparently, Mr. Vang has indicated that he may butcher approximately 20
hogs or small pigs per week with the possibility of some other butchering
including beef. Apparently there is off-site disposal for animal.vaste and
the property has its own septic system. It is my understanding that this
matter.is being heard by a planning. commission::for the _following.reasoas:
1. Staff was amabla iD determine whether or not this was a business activity
-� .sigaificant-_magni rode.so dPt0T, One==hat _awrez�ag::ai_tbe_P�P y
would be necessary.
--2. -This activity does-not_appear.to be.a-permitted use- under-Sectimn13-20,
Subdivision 3', Agricultural -District even -`though a -small amount of
_ hi.rchering_may.be considered- an,.agricultural..pursuit.with. sale.of
agricultural products. However, the code section specifically provides
for the sale of products raised on the premises. It is our understanding
that the animals being butchered would come from another location and that
individuals may bring animals to be butchered to the location which
suggests that this is not a normal agricultural pursuit and needs some
provision for a regulation to prevent it from becoming a commercial
slaughter house.
3. If the city is to consider allowing this activity, it would seem that the
best procedure would be to provide for the activity under a conditional use
"permit whereby -the-activities could be specifically limited to ensure thatit
does not become a commercial/retail situation. Therefore, it is my
understanding that Mr. Vang is proceeding to the Planning Commission on the
basis of -a conditional use permit request under Code Section 11.20, Subd. 3B.
as a "use deemed similar" -. by. the..Council to the uses described 'under
conditional use permits within said section.
�9
Mr. James Sturm
November 11, 1985
Page Two
This office has had difficulty in making a determination in this matter
because the type of activity is not a clear—cut use governed by the provisions
of city code. The Planning Commission and/or Council may determine that the
activity is indeed a business that is not permitted. However, if it is
determined that the activity is questionable and that it should be permitted
if restricted in scope, then it may be possible to provide for a conditional
use permit.vith_the restrictions embodied therein.
DGK:cjb
5D
Sincerely,
HAUGE, EIDE b KELLER, P.A.
David G.Ke�l
•
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I� 3e� 7
F
v
5
SCALE --1 in.V = 82 ft.
Old Garage (142 x 182)
\ Barn ( 29 x 302)
Corn Crib (72 x 20)
\ House (392 x 73)
SITE PLAN
3555 Trails End Road---- Eagan MN
LEGAL: Lot 4, Block 3 Wescott Garden Lots
Lcc, YGn�
0
•
APC Minutes
November 26, 1985
CONDITIONAL USE PERMIT --ABC TRENDCO, INC.
Chairman Hall then convened the public hearing for the conditional use
permit requested by ABC Trendco, Inc. for the outside storage of vehicles for
a trucking company located east of Lexington Avenue in the northwest quarter
of Section 2. City Planner Runkle introduced the request which was somewhat
of a continuation of a previous use of the property under new ownership. He
indicated that approximately 200 vehicles could fit within the setback
requirements on the property. Mr. Don Haup appeared on behalf of the
applicant indicating that the use was comparable to the previous use of
Interstate Trucking. Chairman Hall closed the hearing. Bohne moved,
Mulrooney seconded the motion to recommend approval of the conditional use
permit for the outside storage of vehicles with the following conditions:
.I. 'A landscaping plan shall be submitted for staff -review. A landscape
bona shall be required and not released until one year after completion of all
• landscaping.
2. There_shall-.he_complete fencing around the entire site.
3. -Any building,expansion-shall.be.reviewed.by Lity staff.
4. All applicable ordinances shall be adhered to.
5. All vehicles parked on the facility shall be currently licensed.
6. No more than 200 vehicles shall be parked on the site at any one time.
All voted yes.
IONDIITIONAL NSE PERMIT — IA VANG
Chairman Rall -then -cCnvened =the : -hearing for a conaitional-ase-permit
requested for a limited butchering operation in an Agricultural District, in
.:.-Part::of:-the::wascott"&arden_lnta.:in-the=northwest-nnart$:nf.:Secti.oa.14. Mr..
Runkle introduced the request -for the butchering of approximately-ZD'smiall
hogs per:week_iar members nf-the,Jgmong,,cpmm.,,,; ry .nfince poli.SQ/SsL..-Paul_ ._The
animals would not be raised -on the -site and the futchering fees -mould be
nominal. It was indicated that there was a septic system and that there would
be off-site disposal of animal waste and entrails. Many neighbors from the
surrounding area appeared objecting strongly to the proposal, arguing in
addition to other facts; that they objected to the matter in regard to health
and safety of the community; that the area was Comp Guided for residential use
and it would be difficult to end the use, once the area developed; that the
area was not actually Agricultural in nature, having carried the burden of
assessments for residential areas; and that the use was a business use.
Mulrooney moved, Wilkins seconded the motion to recommend denial of the
mpplication:for_conditional use permit because .the .slaughtering of animals 3s
a business use; products are not raised on the premises in order to be an
accessory Agricultural use as required under the Code; and the use is not
consistent .with the impending residential use in compliance with the
comprehensive Guide.. All voted.in.favor.
,53
i
Agenda Information
December 17, 1985,
Page Twenty-five
Memo
City Council Meeting
CONDITIONAL USE PERMIT/OUTSIDE STORAGE FOR MAGNUM TOWING
C., Conditional Use Permit (Magnum Towing - Kevin Mellon) for
Outside Storage on Lot 3, Block 1, Halley's 1st Addition --A public
hearing was held by the Advisory Planning Commission at their
last regular meeting held on November 26, 1985, to consider an
application submitted by Magnum Towing in the name of Kevin Mellon
for a conditional use permit to allow outside storage of vehicles
in the light industrial district east of Highway 3, west of Biscayne
Avenue and north of Gun Club Road. The Advisory Planning Commission
is recommending approval of the conditional use .permit to the
-._City Council with two additional .conditions to the staff report
and they are: 1) dust control measures be provided as required
• by City staff and 2) Police Department verification of completion
of the 8' chain link fence prior to the institution of towing
operations. For additional information on this item, refer to
"the City . Plan ±= _'Depar+ma„r .xeport,-=-a... copy- is enclosed on pages
through -5-7 For additional information on the action
that was taken by the Advisory Planning ommission, refer to
a copy of those minutes found on page(s) s
•
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit for outside storage for Magnum Towing
- Kevin Mellon) subject to the conditions listed above and in
the Planner's report.
S41
CITY OF EAGAN
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: MAGNUM TOWING - KEVIN MELLON
LOCATION: LOT 3, BLOCK 1, HALLEY'S FIRST ADDITION _
SEe OF SECTION 36
EXISTING ZONING: L-1, (LIGHT INDUSTRIAL)
DATE OF PUBLIC HEARING: NOVEMBER 26, 1985
DATE OF REPORT: NOVEMBER 7, 1985
REPORTED BY: JIM STURM
• APPLICATION SUBMITTE: An application has been submitted requesting
a Conditional Use Permit for the outside storage of vehicles
in the Light Industrial district east of Highway 3, west of Biscayne
Avenue and north of Gun Club Road. .�
COMMENTS: The applicant has a Conditional Use Permit for the
same purpose at 3460 Dodd Road. This permit was approved by
the City Council in October of 1984.
Magnum Towing provides service to the Eagan Police Department,
the Minnesota State Patrol, as well as, the private sector.
This new location measures approximately 215' x 200' with a 8'
chain link fence surrounding it. The entry gate just off Biscayne
Avenue is 12' wide. Bloomington Cartage is directly -north of
this property and a wood shop is to the south. Both have outside
.storage of vehicles and equipment. The surface is crushed limestone
• =and -should -not -�pose:a dust control problem.
if approved the Conditional Use Permit shall be -subject to the
_f ollowing conditions:
1) The storage of vehicles only.
2) The Permit be .limited for 2 years at which time it will be
reviewed for possible extention.
3) All applicable City ordinances be adhered to.
�rw
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0
0
BISCAYNE AUENUE
DRAINAGE AREA
. CHAIN Li�K FENCE
207.
I
DRIUE WAV
a INCHE3 OF LIME ROCK SURFACE
ORAINAGE
9 7T. CHAIN LINK -FENCE
�M OrAINr6E S7
QAMIA rel -%Owi q
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2
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3
APC Minutes
November 26, 1985
MAGNUM TOWING -'CONDITIONAL USE PERMIT
i
The public hearing was convened by Chairman Hall for the application of
Magnum Towing for conditional use permit for outside storage of vehicles in
the Light Industrial District of Highway #3, west of Biscayne Avenue and north
of Gun Club Road, in the southeast quarter of Section 36. Staff pointed out
that the applicant has a conditional use permit for the same purpose at 3460
Dodd Road in order to provide service to the Eagan Police Department and
Minnesota State Highway Patrol, for the towing of vehicles and equipment.
McCrea moved, Wilkins seconded the motion to recommend approval of the
conditional use permit, subject to the following conditions:
1. The storage of vehicles and other impounded items only.
2. The permit shall be limited for 2 years at which time it will be
• reviewed for possible extension.
3. .All. applicabla.City.ordinances shall be adhered to.
4. .Applicant. -shall- provide adequate .dust-_zDntxol_
All voted in favor.
JOINT MEETING WITH CITY COUNCIL
The Commission was advised that the Mayor would be unavailable for a
December 10 meeting and requested that the meeting be changed to December 12.
After some discussion, it was. agreed that -the joint_meeting.w=ld be: -scheduled
for December 12,.-1985.
: • "ADJDIIR�NT
�an.=nMian-jy-V 7trinn�:_xecOmded �!1CCrea.;-::��1C �.�II$._SdjOnrnnw:at
p.m All voted .in favor.
NEWFU
501 "d
O
Secretary - APC
DGK
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twenty-six
A. Designation of Fund Balance for 1985 Budget Carry -Over --As
a part of the 1985 budget, $10,000 was appropriated in the Street
Department for the replacement of broken and/or deteriorating
concrete curb and gutter throughout the City. The Engineering
Division solicited bids from various contractors to perform curb
and gutter replacement during 1985. As a result of the solicita-
tion of bids, only one bid was received which was well above
the 'engineer's estimate and, therefore, the work was not performed.
As a part of the 1986 budget, an additional appropriation of
$5,000 was =allowed for..: -concrete and-: gutter replacement_ The
Director of Public Works is requesting that this $10,-000 be
• designated in the_fund balance for 1966 and would then be reappro-
priated -to the proper account, Account No.4384 in the Street
Department.
Also, $25,000 was budgeted in the `Park Department for a water
tanker truck in 1985. Since the remaining -dollars for the water
tanker truck were budgeting in 1986 and the actual acquisition
will take place during that calendar year, it is appropriate
to designate $25,000 of the fund balance in 1986 for reappropriation
to the capital equipment fund for the Park Department in the
amount of $25,000.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve a reappropriation
of $10,000 for replacement of concrete curb and gutter from the
1986 fund balance to the proper Street Department'-accwnt and
-also, $2,5i,,.�0:0�0,..for a water.tanker trucktothe proper Park Department
account- -rinr-`�+7` -1 andar._.yea -1986. -.
j •
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twenty-seven
REVIEW OF PARK SHELTER PLAN
B. Review of Park Shelter Plan --Director of Parks & Recreation
Vraa, would like a few minutes to review schematic drawings for
park .shelter buildings that are proposed for construction during
1986. The architectural firm retained by the City has drawn
several schematics and will need further direction so that a
detailed plan can be selected and cost estimates prepared for
an actual construction program. Five (5) shelter buildings are
proposed for construction in new parks as presented in the 1984
park referendum.
ACTION TO BE CONSIDERED ON THIS 'ITEM: To provide proper direction
to the Director of Parks & Recreation and the Parks & Recreation •
Advisory Commission for _design. ,of park shelter buildings as
presented.
SPECIAL NOTE: The Director of Parks .& Recreation is planning
to update. the City Council on the status negotiations for the
Ohman parcel that the City is pursuing for an athletic field.
•
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twenty-eight
RECEIVE BIDS/AWARD CONTRACT (WELLS #8 & 9
C. Contract 85-26, Receive Bids/Award Contract (Wells #8 &
9) -- At the November 19 Council meeting, the Council reviewed
the bids received from the November 8 bid opening for the construc-
tion of Wells #8 and #9. As a result of reviewing the bids
received, it was determined to be in the best interests of the
City to reject all bids and to readvertise due to the limited
number of bidders and the bids exceeding the engineer's estimate
due to the tight time constraints. As a result, the City revised
the completion date schedule and readvertised for new bids which
.-.----,were received at 10:30 a.m. on December•13_
• Enclosed on page (D oZi is a tabulation of the bids received
"and their comparison to the engineer's estimate. An evaluation
of all bids will be performed by our consulting engineer and
a -formal :-rpoo mendatimn -Df -,contract ::award: _-will be made at the
Council meeting of Decembei 17.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for
Contract 85-26 (Wells #8 & #9) and award the contract to the
lowest responsible bidder.
6
Our File No. 49369
DEEP WELL No. 8 & 9
CONTRACT No. 85-26
PROJECT No. 457
EAGAN, MINNESOTA
BID TIME: 10:30 A.M., C.S.T.
BID DATE: Friday, Dec. 13, 1985
Low Bid -----------_ $346,010.00
ENGINEER'S ESTIMATE ---------- 320,000.00
Over Engineer's Estimate ----- 8.1%
CONTRACTORS
TOTAL BASE BID
1:-
Bergerson Caswell
$346,010.00
2.
E.H. Renner
349,890.00
• -3.
-Keys Well Drilling
393,370.00
.4_..Jlydrn.
Eng' oeering
432,508.00
5_
Layne Minnesota Co_
480,070.00
Low Bid -----------_ $346,010.00
ENGINEER'S ESTIMATE ---------- 320,000.00
Over Engineer's Estimate ----- 8.1%
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: DECEMBER 13, 1985
SUBJECT: INFORMATIVE
Protective Inspections Report
Enclosed on pages 6,6r' through (y (a is a copy of the November
Protective Inspections Report.
Outside Storage/MWCC on Nicols Road
Enclosed -on pages &7 .:through 6d" is a _response to .a ..letter
presented to the MWCC by the City Administrator on behalf of the
• City Council and Lester Spencer regarding use of the MWCC's meter
site on Nicols Road for outside storage of materials and equipment_
Mr. Spencer has been notified regarding this response.
Mega -Mall
Since the mega -mall or Mall of American Fantasyworld has an
impact on the City of Eagan, I .felt it was appropriate to copy
the City Council on a recent report prepared by the Metropolitan
Council on the metropolitan significance of the proposed mega -mall.
A copy of the Metropolitan Significance Review Committee meeting
scheduled for December 17 and additional correspondence is enclosed
on pages—I through for your review.
Dump Site/Brittany Additions
_-Enclosed-is :a brief_,:update :nn .an - alleged dump site .in -the -Brittany
.,' Additions as -"researched by Chief Building .Inspector Peterson.
The copy is referenced as page 9 y
AMM Legislative'Policy
The City Administrator has -reviewed the .legislative policy and
bylaw amendments as presented by the Association of Metropolitan
Municipalities. An AMM membership general meeting is scheduled
for Thursday, January 9, 1986, at the Brooklyn Center Community
Center. Any members of the City Council who wish to attend
should indicate no later than the January 7, 1986, City Council
meeting. All members of the City Council have received a copy
of the policy statement and bylaw amendments.
Blue Cross and Blue Shield Correspondence
Enclosed is a copy of 'a letter drafted by the president of Blue
Cross and Blue Shield regarding the reconstruction of Yankee
Doodle Road. A copy is enclosed on pages q'S through _Z.
(� 3
HONORABLE MAYOR & CITY COUNCILMEMBERS
PAGE TWO
Washington D.C. Testimony/Mayor Blomquist
Enclosed on page (a d is a copy of a speech that Mayor Blomquist
delivered in WashingOton D.C. earlier this week before the represen-
tatives of the FAA.
Developers Task Force
Attached on pages � through /00, is a copy of a letter,
policy statement and list of participants on the committee for
the developers task force who will be meeting Thursday, December
19, to review and refine the City's developers escrow policy.
City Administrator
TLH/jj
E
J
PROTECTIVE INSPECTIONS MONTHLY REPORT - NOVEMBER 1985
OFFICE HOURS - INSPECTIONS THIS MONTH YEAR-TO-DATE
Building
Plumbing
318
268
3,745.5
1,838.5
HVAC
79
896
Signs
78
1,043
Administrative/Office
Fire Marshal
14
44
389.5
451.5
Miscellaneous
129
1.074.70
General Office
228.5
2,421.10
Permit Processing
175.25
2.336.20
NUMBER OF PERMITS ISSUED THIS MONTH YEAR-TO-DATE
Building
165
1,529
_.._Electrical_
1.59
1,482
Plumbing
200
1.476
• HVAC
Water Softener
206
1.334
17
126
Signs
11
93
Well., Cesspool,,, Septic -Tank
.0
4 .
•
YTD
NATURE OF BUILDING PERMITS ISSUED
MONTHi_Y
• TOTAL, FEES INCLUDE: Building permit fee, state surcharge, plan review fee,
--SAC A_WAC.charges, water meter, road unit fee, parks
dedication 8 water treatment plant fee.
TYPE
NO.
VALUATION
PERMIT FEE
PLAN REV FEE
TOTAL FEE
733
SINGLE FAMILY
55
4,380,900
20,347.00
10,123.50
115,603.00
88
2 -FAMILY
16
784,000
4,456.00
2,228.00
31,076.00
399
MULTI -FAMILY
66
15,154,000
45,721.00
22,860.50
556,158.00
2
AGRICULTURAL
0
68
COMMERCIAL -'
9
11,189,400
29,268.00
14;G08.75
113,429.75
3
INDUSTRIAL
0
2
INSTITUTIONAL
0
2
PUBLIC FACILITIES
0
22
RES. GARAGES
2
8,600
95.00
--
99.50
26
SWIM POOL
1
16,000
116.50
58.25
182.75
184
MISCELLANEOUS
1 16
110,600
834.00
61.25
951.75
TOTALS
165
31,643,500
100,837.50
49,940.25
817,500.75
1,529
YEAR-TO-DATE
179,973,198
664,347.00
327,515.75
5,038,456.75
• TOTAL, FEES INCLUDE: Building permit fee, state surcharge, plan review fee,
--SAC A_WAC.charges, water meter, road unit fee, parks
dedication 8 water treatment plant fee.
PROTECTIVE INSPECTIONS - MONTHLY INFORMATION
DATE: NOVEMBER 1985
MULTI -FAMILY BREAKDOWN:
TYPE
NUMBER
OF PERMITS
NUMBER OF
BUILDINGS
NUMBER OF
UNITS
VALUATIONS
PERMIT FEES
SUR-
CHARGE
PLAN CHECK
FEES
TOTAL FEES
TOUNIT
TOlJNHOUSE
36
9
36
$ 2,124,000
$ 11,160.00
1 062.00
$ +
$ 5,580.00
$ 71,802.00
6 -UNIT
TOWNHOUSE
6
1
6
412,000
2,034.00
206.00
1,017.00
12 257.00
_
16 -UNIT
CONDO
1
1
16
778,000
2,128.00
389.00
1,064.00
23,661.00
11361
L 012, B 00, R.L.S. #4
MWCC
$ 1,650,000
$ 4,308.00
$ 760.00
$ 2,154.00
$ 7,922.00
COMM
APTS
23
12
324
11,840,000
30,399.00
2,519.50
15,199.50
448,438.00
TOTALS
66
23
382
15,154,000
45,721.00
4,176.50
22,860.50
556,158.00
COATDTRRCTAT._ T"lTSTRTAT. ANO TNSTTTTITTONAT. RRF.AKDOWN:
• - 0
� UILDING
PERMIT
SUR-
PLAN CHECK
PERMIT #
ADDRESS & LEGAL
OWNER -
VALUATIONS
FEE
CHARGE
FEES
TOTAL FEES
OCCUPANC'
3565 KENNEBEC DR
11361
L 012, B 00, R.L.S. #4
MWCC
$ 1,650,000
$ 4,308.00
$ 760.00
$ 2,154.00
$ 7,922.00
COMM
1410 TOWERVIEW RD
11359
L 2 B 1 SPERRY PARK
NW BELL TELE
28,000
184.00
14.00
92.00
290.00
COMM
11352
3645 KENNEBEC DR
L 2 B 3 CEDAR IND PK
RONALD A. HAVE
100,000
433.00
50.00
216.50
1,856.50
COMM
1230 EAGAN IND RD
11349
L 1-4 B 3, EAG CTR IND PK I
OPUS CORP
95,000
418.00
47.50
209.00
674.50
COMM
4151 KNOB DR
11318
B 1 KNOB HILL PROF PK
KNOB HILL ENTRE
252,000
813.00
126.00
406.00
5,055.50
COMM
11275
3773 DODD RD
L 1, B 1, WEST PUBL 11
WEST PUBLISH
40,000
238.00
20.00
119.00
377.00
COMM
1305 CORPORATE CTR DR
11203
L 2-4 B 2 EAG OFC PK
NW MUT'L LIFE
9,000,000
22,683.00
1,700.00
11,341.50
96,980.50
COMM
11066
2143 CLIFF RD
FEDERAL LAND
20,000
140.50
10.00
70.25
220.75
COMM
2 CED CLIFF COMM PK
11309
4860 BISCAYNE AVE
GREAT LAKES
4 400
50.50
2.50
---
53.00
COMM
L 4 B 2 HALLEY'S FIRST
+
• - 0
:;!_���-o��Tqn
war;
a—.nTT�^t
cmmffion
C&
v
December 5, 1985
Mr. Thomas Hedges
City Administrator
3795 Pilot Knob Road
Eagan, MN 55122
-'Subject: 'Outside Storage At MWCC Meter 500
Site On Nichols Road
• Dear Mr. Hedges:
`This is in•response -to -your letter-of'November 25, -1985 -to
Mr. Harry Grounds, regarding-..the..Commission.'s use of its
meter site on Nichols Road for outside storage of materials
and equipment.
The site was developed as temporary storage for low security
i materials used in Interceptor maintenance, with the intent
that permanent storage would be done at the Interceptor
Maintenance Facility upon its completion. It has taken
considerably longer than originally anticipated to initiate
construction of the new maintenance. -facility, and as a result
j storage of material at the. temporary..site on Nichols Road has
I been extended.
Construction of the new maintenance facility is:progressing,
although much of the site work was hampered by poor weather
i - :this`::fall_..Lt-is..the_Commission's.full intention -to. -Move -all
i of the materials now at -the Nichols Road site to the -new s to
%as early -in the--spring.-as possible, but no later than June 1,
I 1986.
I
Our staff has been in contact with Mr. Steve Schwanke from
the City who has reviewed and concurs with our plans for the
outside storage and the proposed time frame. As an interim
measure, we have reduced the larger, more visible material at
this site and will continue to relocate as much material as
possible this winter.
We hope that this:seffort_will.meet with the City's approval
and we will continue to work with .you on this issue,.
I
...350 METRO /OURRE BLDG.
7TH 6 ROBERTMEM
/Rini PRUL MrI 55101 I
612 222.8423 lY
e "
Sincerely,
John Almo
Director of Operations
Metro Waste Control Commission
350 Metro Square Building
St. Paul, MN. 55101
JAA:WPM:mja
12.5.85
cc: L. Breimhurst, Chief Administrator
Bruce Baumann, MWCC Commissioner
R—Arbour, Interceptor Systems Mgr.
HN
•
•
•
METROPOLITAN COUNCIL MEETING
Tuesday, December 17, 1985
Council Chambers
4:00 P.M.
TENTATIVE
AGENDA
Call to Order
ADoroval of Aaenda
Minutes: None
Business
•A. Report- of the
(Jo Nunn, Chair)
1. Recommendations on the Mall of America and Fantasyworld
Development in Bloomington, Referral 13053-2
Other Business
___Reports
.A. Chair
B. Council Members
Adiournment
69
Suite 300 Metro Square Building, Saint Paul, Minnesota 55101 /612/291-6359 TDD 291-0904
Metropolitan Council Meeting of Dec. 17, 1985 Business Item: IV.A.1
M E T R O P O L I T A N C 0 U N C I L
Suite 300 Metro Square Building, Saint Paul, Minnesota 55101
612-291-6359
REPORT OF THE
METROPOLITAN SIGNIFICANCE REVIEW COMMITTEE
REFERRAL REPORT NO. 85-123
DATE: December 11, 1985
TO: Metropolitan Council
SUBJECT: Metropolitan Significance Review
• Mall of America and Fantasyworld
Metropolitan Council Referral No. 13053-2
BACKGROUND
At its meeting on Dec. 9, 1985, the Metropolitan Significance Review Committee
discussed its proposed report and two alternative recommendations dealing with
the review of Mall of America and Fantasyworld. The committee report was based
on the staff report prepared under the direction of the Metropolitan Council
chair and released Nov. 8, 1985 and on the testimony and evidence presented
by the parties to the review during the public hearings which was conducted by
the committee on Nov. 2D, 21 and 26, 1-985.
ISSUES AND CONCERNS
Pat.P2bl,. Council staff -(ext. 407), responded to questions raised, by the
• co:mnittee.-`Karen°3chaffer,'�staff counsel (ext. 438), made -a -presentation to
the committee on the authority of the Council under the metropolitan
significance rules and under the Metropolitan.Land Planning Act. She noted
that�-condi.t•ions_.contained .in --a suspens!on_order- must _be di.rected:at..the
developer of the project and not at the city or state legislature. -She also
stated that"the"-Council can require -the -city -to -scale back the project if
necessary to make.it compatible with metropolitan system plans and that the
effective tools to ensure that the city complied with the plan amendment
process included the authority of the Council to restrict the issuance of sewer
permits for any project in conflict with any of the four metropolitan systems
and the ability of the Council to veto improvements on controlled access
highways. In addition, the Metropolitan Land Planning Act provides that fiscal
controls adopted by local units of government must not be in conflict with
metropolitan system plans; the act defines fiscal controls as including tax
increment plans such as that proposed by the city of Bloomington for the
prof ect.
-z -
OTHER ISSUES/COMMENTS
The committee allowed a representative of each of the parties --the city of
Bloomington, Triple Five Corp. and the city of Minneapolis --to make a final
presentation. John Pidgeon, Bloomington city manager, stated that the second
alternative, which recommended an indefinite suspension of the project, would
kill the development because the city would be unable to sell tax increment
bonds prior to the end of the year. New rules pending in Congress would
prevent the sale of bonds after Jan. 1, 1986. He proposed that the committee
adopt alternative one which recommended the use of the plan amendment process
to modify the project if necessary. He objected, however, to the elements of
alternative one that recommended a study of the 1-494 corridor, no exemption
from fiscal disparities and one convention center to be located in downtown
Minneapolis.
Pidgeon stated that he had been in contact with Bloomington's Mayor James
Lindau who was willing to delete the convention center from the proposed
development and reduce the proposed office space by 50 percent, from two
million square feet to one million square feet. In addition, the reduced
-off-ice space would not..be.constructed.untiI .1996.
Robert Hoffman spoke for the Triple Five Corp. and confirmed that the
convention center would be deleted from the development but stated that he
could not comment on the other changes Pidgeon announced. He also stated that
the second alternative would kill the project. He supported alternative one
with findings and recommendations limited solely to effect on the metropolitan
system. He noted that Bloomington had relied on Council traffic forecasts from
the Transportation Policy Plan that are now found to be too low, an error on
the Council's part, and questioned why the Council was limiting development on
1-494 which has capacity when it continued to approve incremental development
on 35-W which is over capacity. Hoffman distributed a graphic that illustrated
the capacity on 1-494 as compared to 35-W. Hoffman asked the -committee to
-reconsider its finding that no market study had been done.on the convention
-center.and .on Ahe-retai 1 -.and .amusement:,.eIements .of. -the -ma ll.. _'41e -contended :that'
the city had, -in fact, -done a detailed convention center study, andthatfor
the retail and amusement elements of the project, Triple Five had submitted as
much information as a market.study would contain although not in the format of
a market study.
William Keppel spoke for the city of Minneapolis -and said the,city was -:pleased
with the deletion of the convention center. The city of Minneapolis had no
further comments.
Following are major points of concern raised by the committee:
Prior to discussing the findings in the report, several committee members made
statements to the committee. Campbell stated that, while she had seen more
desirable projects, some things were within the purview of local government and
others within regional purview. She found the Bloomington statement at the
-Dec.,5:pub Iic.ineeting_an-.the..draft Metropolitan Development and Investment
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Framework irresponsible. She was pleased with the Bloomington decision to
withdraw its proposed convention center and stated that, at the appropriate
time, she would move alternative one with changes because the Metropolitan Land
Planning Act process is stronger than the power of suspension under the
metropolitan significance rules.
Rosemary Thorsen expressed concern with some findings and stated that she was
not as convinced that suspension would be a mistake because of the potential
loss of funding. If the project is bad, haste is a mistake. Valid concerns
should be responded to.
Gerald Stelzel stated that•he supported alternative one with perhaps some
deletions based on the change in the convention center. Chair Josephine Nunn
stated that she did not see much to gain by suspension and believed that local
uni.ts.of--government have -the right to make their own mistakes.
• In reviewing the findings, Gertrude Ulrich objected to the Immediate area
transportation finding because they did not reflect the great amount of work
done by the city and other agencies to prepare a transportation plan for
.A i rpor.t.. south. .She.moved..to.add.an additional finding recognizing the work of
-the transportation technical team and the me4a-mal9 task force of -the
Transportation Advisory Committee. .-The.mo.tion was seconded by•campbell and
passed unanimously.
With regard to the 1-494 corridor, Ulrich moved to delete four findings which
she stated were more appropriate as subjects of the recommended corridor study
and not as findings in the committee report. There was no second for the
motion. The eight transportation findings under the heading of 1-494 corridor
were adopted unanimously with Ulrich requesting that her opposition to the four
°findings be recorded.
Thorsen moved and Campbell seconded the findings under Travel Demand. 'Ulrich
commented that it appeared strange to recommend a study -when the findings
already -have `'been -made :':,'She,stated that rand 2 should• -be included` "un --the
• ' study and not in the findings. Stelzel stated that they should be elements of
the study even though they are findings in the report. The Travel Demand
-f i,nd i ngs:-were.:adopted mnan.i mous l y.
Thorsen mdved"and'Stelzei -seconded-the-Airpory findings which were -adopted
unanimously. The -Parks findings -were -also -moved by Thorsen and seconded by
Stelzel. Ulrich stated that she hoped that the Council staff was correct that
the mall project would increase the use of the regional recreation system
because it would help make the case for regional parks before the legislature,
and that increased use of the park system should be viewed as a beneficial
effect of the proposed development. The Park findings were adopted
unanimously.
The Development Framework findings were moved by Thorsen and seconded by
Campbell. They were adopted -unanimously .followi,ng.a comment from Ulrich that
this project '1 s consistent with the Development-Tramework's emphasis.on growth
in the fully developed area through reuse of land. The Housing findings, moved
by Campbell and seconded by Ulrich, were also adopted unanimously, with
:..Campbell indicating that the use of "affordable.housing!' was.a..more_appropriate
-term for -this project than low and moderate income housing.
%02—
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Thorsen moved both the introductory section and the findings in the Economic
and Fiscal Analysis. Ulrich objected, stating that she found the section
unsatisfactory. The findings were adopted 4 to 1 with Ulrich casting a
negative vote. The finding under Tourist Expenditures was adopted unanimously
as were the findings under Receipts which Ulrich stated make the case for the
development. Ulrich moved the findings under Jobs and Campbell seconded.
Thorsen moved to add language to qualify the last finding such that unskilled
and low skill jobs would be available at the mall "if new jobs are generated."
Her motion was not seconded and the Jobs section was adopted unanimously.
The findings under Tax Revenues were moved by Ulrich and seconded by Thorsen
with several committee members commenting on the wide range of numbers.
Stelzel asked that the section be titled Tax Revenue Estimates; the findings
were then adopted unanimously. Campbell moved and Thorsen seconded the
motion.to.delete the finding that no study had been done for the Bloomington
convention center; the motion was adopted unanimously. The remaining four
findings under Convention Center were adopted unanimously.
Thorsen moved and Campbell seconded the findings under Fiscal Disparities. •
Ulrich suggested that.the dollar amounts be removed from findings four and six
because the.exact amount is not known.' -Thorsen moved and -Campbell -seconded to
change the language in the two findings from "would" to "could" and to add "an
estimated" before each dollar amount. The amendment passed unanimously as did
the findings.
For the Tax Increment section, Thorsen moved and Campbell seconded the findings
and the introductory section. Thorsen asked that information be added to the
introduction stating the amount of Bloomington's assessed valuation and the
capture rate which the mall development represented. Stelzel asked that the
statement about the Hennepin County guidelines be removed from the introductory
statement. Ulrich stated that Hennepin County is not a disinterested party
with regard -to -tax increment financing. Thorsen objected to removing the
Hennepin_County guidelines. Stelzel moved to strike the Hennepin County
-.-guidelines=•and UIrich: seconded. _The --motion ... to -amend was.:defeated_by=the.chair
on a tie vote.
".The Tax Increment section was adopted unanimously with Ulrich asking -to be
recorded as'voting in favorof the'findings,but opposing the Hennepin County
guidelines. Thorsen voted .in favor. but, stated her. concern -that .there .was
nothing contained in`the findings regarding"the.relative amount of -..tax
increment financing nor the time schedule for the expiration of the district.
The Hotel -Motel findings were adopted unanimously. In the Effects on Other
Governmental Units section, Thorsen moved to amend the first finding to qualify
the effect on attendance at the Minneapolis convention center. Stelzel
seconded and the amendment and section were both adopted unanimously.
Campbell moved Alternative Recommendation One with a change in order, moving
the portion of the recommendation dealing with the 1-494 corridor study to the
end of the recommendation with a heading stating that "the committee further
_7 3
2.12
recommends." Campbell also moved to add stronger language to the fiscal
disparities recommendation. Ulrich seconded the motion for the purpose of
discussion. She stated that she wanted to include a list of what the 1-494
corridor study would include and that she could not support the paragraph which
stated that development must be scaled down. Ulrich asked for a division on
the question. She moved to add language to the 1-494 corridor study stating
that the study would determine an acceptable magnitude of traffic for the
corridor, the costs of improvements, including the acquisition of right-of-way,
the financing question of whether the tax revenues generated by the project
will cover the costs of improvement to the 1-494 corridor, the timing of
development and the impacts on Hwy. 77 south of 1-494, the Crosstown and
Hwy. 5. There was no second for Ulrich's motion. The paragraph dealing
with the 1-494 corridor study was adopted unanimously; the second paragraph
calling for scaled down development was adopted 4 to 1 with Ulrich voting in
the negative. The..remainder_of..the recommendation was adopted unanimously.
• Thorsen stated that she was still somewhat uncomfortable with Alternative One
as opposed to Alternative Two. Her concern was primarily with the enforcement
powers of the Council in requiring the changes necessary to protect the
metropo Iilanr=system. , .Campbe ll...noted _.that_Counci-l.members,.were more comfortable
because they would have the opportunity to review the plan amendment and to
follow through on the committee recommendations while the citizen members of
the committee had had their final input into the process.
RECOMMENDATIONS
That the Council determine that the metropolitan significance'regulations apply
to the proposed Mall of America and Fantasyworld.
,That the Council determine that the proposed Mall of America and Fantasyworld
causes the effects set forth in Minn. Rules 5700.0400(D) and 5700.0500.
That the_Council determine that the proposed Mall. of-America.and Fantasyworld
• is of metropolitan significance.
That the Council determine that the proposed Mall of America and Fantasyworld
meets the metropolitan.signif.icance-standards for -transportation -system impacts
set forth in Minn. Rules.5700.0400(D)-.but .is not appropriate for the Exercise
of the power of suspension.
That the Council determine that the appropriate action to protect the regional
transportation system is to use the Metropolitan Land Planning Act process to
require any modifications necessary to the proposed development to insure that
the scale and timing of the development do not exceed the capacity of the
regional transportation system and do not affect the timing and funding of
other elements of the regional transportation system. An acceptable
comprehensive plan amendment will be necessary before the city of Bloomington
will receive approval for sewer connections and interchange construction
required.to.ser.ve_the.development.
IM
That the Council determine that procedures should be initiated to amend the
regional transportation plan to address the magnitude and timing of the
immediate area highway improvements in conjunction with the development of the
Mall of America and Fantasyworld. New funding sources will be necessary to
insure that state and regional priorities are maintained for other elements of
the regional transportation system.
That the Council determine that the proposed Mall of America and Fantasyworld
meets the metropolitan significance standards for substantial effects on
planned development in local governmental units set forth in Minn. Rules
5700.0500 but is not appropriate for the exercise of the power of suspension or
amendment.
That the Council determine that only one new state -level convention center can
be accommodated in the Metropolitan Area, and the location most supportive of
Council policy is in the metro center of Minneapolis.
That the Council reaffirm its long-standing commitment to the fiscal dispar- •
ities program. The Council will actively.oppose this exemption and any. -Other
proposed exemptions.from.the.f.iscal_dispari.ties,program_before.the legislature
and will actively support positive steps to improve the program and to
.eliminate any existing inequities and exemptions.
The Metropolitan Significance Review Committee further recommends:
That the Council institute a study to determine an ultimate design concept for
the 1-494 corridor to accomodate regional growth; the study to be undertaken by
the Council in cooperation with the Minnesota Department of Transportation and
affected local communities. The study could lead to a modification of the
metropolitan transportation system plan which in turn will require modification
of the plans of local governments affected by the system plan.
That -the -Council use the local .plan amendment -process under.the Metropolitan
'Land 'Planning Ict to accomplish the_fol.lowing: •
To scale down development proposals for the entire Airport Soutfi-area in
order to maintain long-term traffic volumes on 1-494 below the capacity of
an eight lane freeway. Because of its large -peak -hour trip generation
characteristics, office space -development -for the-entire-AirportiSouth area
--should-be considered as a prime candidate to be reduced or converted to a
land use that generates fewer peak -hour trips.
To require the implementation of aggressive travel demand management
techniques in conjunction with the proposed development for the entire
Airport South area. Transit options should be closely evaluated by the
Regional Transit Board prior to implementation to determine their cost-
effectiveness.
Respectfully submitted,
Josephine D. Nunn,.Chair
Metropolitan Significance Review -Committee
7--�'
METROPOLITAN COUNCIL
Suite 300 Metro Square Building, Saint Paul, Minnesota 55101
612-291-6359
DATE: December 10, 1985
TO: Metropolitan Council
FROM: Metropolitan -Significance Review Committee
Josephine Nunn, Chair
SUBJECT: Metropolitan Significance Review
Mall of America and Fantasyworld
Metropolitan Council Referral File No. 13053-2
• INTRODUCTION
A metropolitan significance review of the Mall of America and Fantasyworld was
initiated:by the Metropolitan Council on Sept. 26,.1985.;.Parties._to._the review
include the city of Bloomington, the Triple Five Corp., the city of Minneapolis
and the Metropolitan Council. A staff report on.the-project was prepared under
the direction of the chair of the Council and was the subject of a public
hearing conducted by the metropolitan significance review committee on November
20, 21 and 26 at which parties to the review and interested persons presented
testimony. Final arguments and proposed findings and recommendations were
presented to the committee by the parties at the close of the public hearing.
The parties' statements together with statements submitted by interested
persons are included in Attachment 1. A complete listing of all testimony and
supporting documentation is included in Attachment 2. These documents are
available for review in the Council offices.
AUTHORITY TO REVIEW
• The Metropolitan Significance Act of 1976 (MSA 473.173) together with metropol-
itan significance rules and regulations adopted on Jan. 16, 1978, provide for
-•the identification:.and.rev.iew..of..al.l.proposed.matters alleged .to be,. -of
metropolitan significance. The Council may initiate a metropolitan signif-
icance review,by resolution or the chair.of-the Council, in response to : -a
'request submitted in accord with the rules -and -regulations, may order the
commencement of a review.
The basis for initiation of a review is an arguable case that the proposed
matter is of metropolitan significance. The standards for making an allegation
of metropolitan significance include both metropolitan system effects and
effects on local governmental units other than the situs governmental unit.
The purpose of the review, as stated in the rules and regulations, is to assure
that the total effect of a proposed matter of metropolitan significance is
considered and that the orderly and economic development of the Metropolitan
Area is promoted, thereby protecting the health, safety and welfare of the
E residents of the area.
;.=The review of..the Mall.of-America and Fantasyworld was initiated by Council
resolution accompanied by an information submission which alleged that the
W
proposed development may present an impact on metropolitan systems and has the
potential to substantially affect the existing or planned land use or develop- �..
ment in local government units other than the city of Bloomington.
Following initiation of a metropolitan significance review, a significance
review report is prepared by Council staff under the direction of the chair of
the Council. It is to contain an objective description of the project, to
analyze issues raised regarding the project and to make a recommendation as to
whether the project is of metropolitan significance and, if so, what action by
the Council is appropriate. The report is to be the subject of the public
hearing conducted by the significance review committee which makes a recommenda-
tion to the Council on the metropolitan significance of the proposed develop-
ment and potential mitigating measures.
If the Council determines that the development meets the criteria in the rules
-for metropolitan significance; the Council may choose to take no action, to
amend its policy plan to accomodate the project, to propose modifications to
the project that would alleviate any adverse effect, or suspend any action •
(construction) on the project forup to a one-year period following the
issuance of its final determination.
The metropolitan significance rules and regulations provide that the Council
must complete its review and make its determination within 90 days from the
date of commencement. The 90 -day period ends on Dec. 26, 1985.
DESCRIPTION OF THE PROJECT
The Mall of America and Fantasyworld is a mixed use project to be enclosed `
Lnder one roof on the 85 -acre site formerly occupied by the Metropolitan
Stadium (see Map 1). The project may also use an additional 40 -acre parcel
immediately east of the stadium property. The project consists of 10.5 million
square feet including:
,.:o five million._squareJeet retail shopping mall (four million.square feet of
gross leasable area), -including -eight department and major food stores and •
about 800 shops
o one -million square feet, Fantasyworld including -a water.park, submarine'
lake, a space and science center exhibit, ice -arena. Fantasyworld pavilion,
roller rink and other -amusement facilities
a 500,000 square feet convention center of which not less than 300,000 square
feet would be utilized as an exhibit area. (The change from a one million
square feet facility was communicated to the Significance Review Committee
in an October 10, 1985 letter from Myron Calof, representing Triple Five.)
o two million square feet of hotel space, which represents 2,000 hotel rooms
o two million square feet of office space
ISSUES
The major issues raised in the staff report include whether the project is C
inconsistent with the city's plan with respect to its effect on metropolitan
systems and; -therefore, requires -a plan amendment; whether the project presents
significant effects on any of the four metropolitan systems - sewers, parks,
Z77
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airports and highways; and what the economic and fiscal effects of the project ,
are on other local governmental units, in particular the proposed public
subsidies and the second convention center.
FINDINGS
GENERAL
1. The proposed project, the Mall of America and Fantasyworld, is not con-
sistent with certain elements of the Bloomington comprehensive plan
subject to modification by the Council and is in conflict with metropol-
itan highway and sewer systems plans with regard to the use, extension or
expansion of those metropolitan systems. The differences in land use,
land use intensity and development staging change the expected use of the
regional highway and sewer systems as identified in both the comprehensive
plan and the generic environmental..impact statement for the Airport South
district.
•
2. The Metropolitan Land Planning Act embodies a process whereby local compre-
hensive plans can be amended and whereby such plans must be amended to
-ensure-continued-consistency withevolvingmetropolitan system plans.
3. The Metropolitan Land Planning Act limits local ordinancing by prohibiting
official controls and fiscal devices in conflict with local comprehensive
and metropolitan system plans.
METROPOLITAN SYSTEMS ISSUES -
Sewers
Wastewater flow projections provided by Bloomington are very similar to
wastewater flow projections made by the Metropolitan -Waste Control
Commission for the Mall of America development. Because these flows will
,_._cause Bloomington to exceed its 1990 allocated capacity in theregional
sewage system,- the city must prepare an amendment-to:,itsi--comprehensive •
plan requesting additional capacity and submit it to the Council for
.review and approval.
2. No substantial effect on the regional sewer system plans is anticipated
from the increased flow because the regional-systen•has the physical
capacity to accomodate the flow and Metropolitan Development Framework
policy provides that growth in the fully developed area in excess of
forecasts will be accommodated if system capacity is available or can
reasonably be provided. Therefore, the Mall of America and Fantasyworld
will not cause a substantial effect on the metropolitan sewer system or
system plan.
Transportation Findings
General
1. -The mall project meets -the standards in the metropolitan significance
rules for a transportation system effect since the traffic generated by
the site substantially exceeds the threshold levels of 10,000 vehicle`="
trips per.day or 1,000 vehicle trips per hour. Low:estimates.are 123,000
trips per day or 6.323 trips per hour.
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2.
The impact on the transportation system has been analyzed assuming full
.=`
implementation of the Mall of America/Fantasyworld project as well as
proposed development for the remaining portion of the Airport South area.
Immediate Area Improvements
1.
Significant transportation impacts in the immediate vicinity of the
Airport South area would occur if the proposed development for the entire
Airport South area were fully implemented.
2.
The transportation impacts in the immediate vicinity of the Airport South
site would require major improvements in the following metropolitan
highways:
o Hwy. 77 between Killebrew Dr. and I-494
o I-494 between 24th Av. So. and 12th Av. So. including interchanges
•
o Hwy. 77 between I-494 and Hennepin County Road 62
3.
The Transportation Policy Plan shows the need -to replace the Killebrew
Dr. at -grade intersection with=Hwy:-77'ivith-a-grade-separated interchange
and the need to upgrade the interchange areas on I-494 from Hwy. 77 to
24th Av. The plan, however, did not envisage the magnitude and timing of
those improvements.
4. None of the immediate impact area improvemeots is currently scheduled in
.'>rs either the 1986-87 Highway Improvement Program or the 1988-1991 Highway
Improvement Work Program developed by Mn/DOT. Although it would be highly
desirable for these improvements .to be completed by the opening of the
Mall, it would be difficult to achieve. One expediting measure could be
that Bloomington acquire.any,necessary right-of-way.
5. The total cost of these immediate area improvements including construction
• .and.right-of-way_acquisition_is.estimated_to.be $116 million, which
Bloomington proposes be paid by a legislative appropriation based on -the
new tax revenues to be generated by the project.- Existing funding sources
are limited and if not specially augmented would require a drastic
'revision of -regional and -state-wide priorities.
6. -'A process was used --to -develop a' transportation '-.-plan for Airport South;
participants in the process included a technical team with membership from
the Minnesota Department of Transportation, the Regional Transit Board,
the Metropolitan Council, Hennepin County, the city of Bloomington and the
Minnesota Pollution Control Agency. The technical team met thirteen times
to review the work. A mega -mall task force of the Technical Advisory
Committee also met four to five times to review the transportation plan.
The traffic forecasts in the Airport South transportation plan were
reviewed and generally agreed to by the Transportation Technical Team and
by the Mega -Mall Task Force.
I-494 Corridor
° •1. To serve the overall regional growth expected by the'Year 2005 and
assuming full implementation of the proposed Mallof:-AmeriLa/Fantasywor.ld
and other Airport South development, capacity up to 10 lanes of traffic
X go
Travel Demand
:1: The -existing and-proposed.development for the entire Airport South area
would generate, if no constraints are imposed, about 274,000 vehicle trips
-per-day on -an average weekday.
2. During the worst hour of the day, the evening rush hour, the entire
Airport South development would generate 30,000 vehicles per hour if no
constraints were imposed. About 10,000 vehicles would go into the area
(inbound) and 20,000 would exit the area (outbound).
3. Aggressive travel demand management techniques (i.e., transit service,
ridesharing, staggered work hours, etc..) would reduce the number of
vehicles in and out of the area, particularly during peak periods.
4. Public transit will'.or can play a modest role .in the provision of
accessibility to the Airport South area. A moderate.goal of about 550
riders per peak hour would have a minor impact on the roadway system
needs. The cost of providing the service necessary to attract those
riders could approach $8 million per year. The cost-effectiveness of -
providing those services and availability of funding would have to be
established by the Regional Transit Board prior to implementation.
b aj
LJ
and increased interchange capacity would be necessary on I-494 between
12th Av. So. and Hwy. 100.
L.
The above long-term capacity needs on I-494 west of 12th Av. So. exceed
the capacity levels (six freeway lanes) envisaged in the current
Transportation Policy Plan.
3.,
Preliminary analysis indicates that no more than eight freeway lanes
should be considered on I-494 between 12th Av. So. and Hwy. 100 because of
physical, operation, environmental, economic, financial and system -
implication constraints.
The preliminary estimate for upgrading I-494 to eight freeway lanes
.4.
between 12th Av. So. and Hwy. 100 is $250 million including construction
and right-of-way acquisition.
5.
No funding has been identified at this point to finance the potential up-
grading of I-494 outside of the immediate impact area (i.e., west of 12th
Av. So.) nor is it scheduled in any of the Minnesota.Department of
•
Transportation plans.
6.
The inclusion of either the short-term immediate impact area improvements
or the long-term improvements -on I-494 in the Minnesota Department of
Transportation programs if not specially augmented would drastically alter
regional and/or state-wide priorities and schedules.
7.
Development proposals for the entire Airport South area would n ave to be
scaled down to ensure that long-term peak -hour traffic volumes on I-494 do
not exceed the capacity of an eight -lane freeway.
8.
In addition to I-494 upgrading, the overall regional growth and the
existing.and proposed.-development.for the Airport South area could require
>additional long-term improvements-'on.metropolitan highways such -as Hwy. 77..
north of I-494, the Crosstown.and.Hwy. 5. .
Travel Demand
:1: The -existing and-proposed.development for the entire Airport South area
would generate, if no constraints are imposed, about 274,000 vehicle trips
-per-day on -an average weekday.
2. During the worst hour of the day, the evening rush hour, the entire
Airport South development would generate 30,000 vehicles per hour if no
constraints were imposed. About 10,000 vehicles would go into the area
(inbound) and 20,000 would exit the area (outbound).
3. Aggressive travel demand management techniques (i.e., transit service,
ridesharing, staggered work hours, etc..) would reduce the number of
vehicles in and out of the area, particularly during peak periods.
4. Public transit will'.or can play a modest role .in the provision of
accessibility to the Airport South area. A moderate.goal of about 550
riders per peak hour would have a minor impact on the roadway system
needs. The cost of providing the service necessary to attract those
riders could approach $8 million per year. The cost-effectiveness of -
providing those services and availability of funding would have to be
established by the Regional Transit Board prior to implementation.
b aj
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11. The 17,800 outbound vehicles leaving the site -on theeveningpeak hour
.would distribute themselves in She flollnwing.nanner
-I-494 (westbound) 4,100
I-494 (eastbound) - 4,900
Hwy. 77 (northbound) - 3,200
Hwy. 77 (southbound) .2.300
12. A total of '9,1W evening rush flour:=vehicles-(well above the capacity of
four freeway lanes) would use I-494 in the westbound direction (west of
Hwy. 77) when background traffic generated elsewhere in the region (5,000
vehicles per hour) is added to the traffic generated by the entire Airport
South.
13. A reduction of approximately three million square feet of office space in
the Airport South development proposals would be one of the possible
mitigating measures to maintain long-term traffic peak -hour volumes on I-
494 below the capacity of an eight -lane freeway.
Airports
1 Analysis of potential short-term impacts at the Minneapolis -St. Paul
-International Airport indicates substantial overall capability.of-aircraft
=and terminal facilities to -absorb the:�projected number -of -mall air
travelers. j}
�do2�
5.
An internal transit circulation system in Airport South would improve
traffic conditions on the local street system but would not have a
significant impact on the regional system. The cost effectiveness of an
internal circulation system, however, has not been established.
6.
The 20,000 outbound unconstrained peak hour vehicle trips generated by the
entire Airport South area could be reduced to about 17,800 trips if
aggressive travel demand management techniques were implemented.
7.
The Updated Transportation Plan for Airport South, prepared by the city
of Bloomington, concludes that unconstrained number of 19,214 outbound
evening peak hour vehicles could be reduced to a range between 14.100 and
16.750 outbound vehicles depending on the successf of travel demand
management techniques.
B.
'Transportation Impacts of the Mall of America and Fantasyworld, prepared
by the city of Minneapolis, estimates that the outbound traffic generated
-by-the entire Airport South development during the evening peak hour would
be between 17,300 - 20,700 vehicles.
9.
"Tfie mall proposal at'full development would -account for about 40 percent
of the vehicles leaving the.Airport South area in the evening rush hour in
2005.
10.
According to Council staff estimates, about 60 percent of the evening rush
hour traffic volumes generated by the Airport South area is -attributable
`-'
to the existing and proposed office space development (including the
two million square feet proposed by the Triple Five Corp.). Less than 25
percent would be attributable to the proposed retail and entertainment
components of the mall development.
L
11. The 17,800 outbound vehicles leaving the site -on theeveningpeak hour
.would distribute themselves in She flollnwing.nanner
-I-494 (westbound) 4,100
I-494 (eastbound) - 4,900
Hwy. 77 (northbound) - 3,200
Hwy. 77 (southbound) .2.300
12. A total of '9,1W evening rush flour:=vehicles-(well above the capacity of
four freeway lanes) would use I-494 in the westbound direction (west of
Hwy. 77) when background traffic generated elsewhere in the region (5,000
vehicles per hour) is added to the traffic generated by the entire Airport
South.
13. A reduction of approximately three million square feet of office space in
the Airport South development proposals would be one of the possible
mitigating measures to maintain long-term traffic peak -hour volumes on I-
494 below the capacity of an eight -lane freeway.
Airports
1 Analysis of potential short-term impacts at the Minneapolis -St. Paul
-International Airport indicates substantial overall capability.of-aircraft
=and terminal facilities to -absorb the:�projected number -of -mall air
travelers. j}
�do2�
K!
2. The potential highway impacts of mall -generated traffic on ground transpor-
tation access to the airport are addressed under effects of the mall on
transportation.
3. The Mall of America and Fantasyworld does not cause a substantial effect
on the regional air transportation system or on system plans
Parks
1. The proposed Mall of America and Fantasyworld may have a substantial.
effect on the regional recreation open space system and on certain other
state and federal recreation open space facilities. A substantial
increase in tourist visitation would result in sharply increased user
demand by nonresidents of the Metropolitan Area.
2. The Council's capacity to adjust the system in response to such demands is
adequate given an appropriately flexible capital improvement program •
process; an operation.and maintenance budgeting process and adequate
funding to meet the new priorities. The capital improvement program
:process:recommended-in.the-mewly.revised Recreation Open Space Development
Guide/Policy Plan has the needed flexibility. Decisions about funding
rest finally with the state legislature.
3. The Mall of America and Fantasyworld will not cause a substantial effect
on the regional recreation open space system or on system plan. r
METROPOLITAN DEVELOPMENT FRAMEWORK
1. The proposed project is located in the fully developed area. Growth in
the fully developed area through infill and reuse is encouraged by the
Metropolitan Development Framework which states that its forecasts of
population, households and employment growth on which system plans are
based should not be viewed as limiting growth in the fully developed
i area.` Growth in-excess':of.forecasts in the fully developed -area -is •
consistent with Metropolitan Development Framework if regional system
capacity is available or can reasonably be provided.
OTHER METROPOLITAN POLICY ISSUES
Housing
1. Affordable housing within reasonable commuting distance of the mall is
a concern for workers employed at the mall. Communities should review
the adequacy of existing housing plans and programs to meet the increased
need for affordable housing resulting from construction and operations
employment at the mall.
ECONOMIC AND FISCAL ANALYSIS
A-detailed-market_study..and documented -financial projections for any -major
development proposal- are essential to an evaluation of the public benefits and
public costs resulting from the proposal. Developing definitive findings with
regard to the mall has been seriously hampered because necessary market and
financial information -has -not been ---provided by the developer and the city. The
findings that follow reflect the limited data made available to the
metropolitan significance review committee.
RN
KEY ASSUMPTIONS
1. The most critical data in the economic analysis of the Mall of America and
Fantasyworld are the estimates of new tourist visits from outside the
state of Minnesota and how much they will spend. Tourist visits and the
resulting expenditures provide new income to the state that in turn
generates new jobs and increased tax revenues.
2. The developer has not provided any detailed studies to support the pro-
jected attendance. Without new tourists from out of state there are no
positive economic benefits to the region or state.
3. Estimates of receipts, employment and revenues generated by the Mall of
America vary depending on the assumptions made regarding the number of new
.out-of-state tourists and the level of their expenditures. Using the
developer's estimates of attendance, the Mall of America project would
• stimulate significant numbers of new jobs and produce new state taxes
primarily because the developer estimates that the project will attract a
significant number of new out-of-state tourists to the region.
4. Harrison Price Co., the Council's -consultant, has-concluded`that-while-the
project may attract between.15 million and.17 million people annually to
the site, the project will not increase the number of tourists coming into
the state. The Harrison Price analysis is supported by data from an
earlier study of Minnesota tourism conducted in 1977 and 1978 by Professor
Uel Blank. Uel Blank analyzed this project under contract to the city of
Minneapolis and reached the same conclusion as the Harrison Price study.
3. The following conclusions apply generally to all estimates:
The mall will capture a share of -growth --in .the region. The fewer
.tourists, the larger share of the regional market:it must capture to meet
.the. -developer's sales projections.
"As projected net new employment goes down, Bloomington captures more of
what has been created and the remainder of the region gains less.
8. 'If no significant -numbers of new -out-of-state tourists are 'attracted to
-the-region,.the .retail. -sales -and .amusement expenditures at the mall
.capture growth in regional:retail_sales. The Harrison Price report
indicates that the mall can capture its projected receipts totally from
share of regional retail growth without adversely affecting overall
existing retail operations.
Tourist Expenditure Estimates
1. The expenditure estimates
trade and convention and
developer's estimate for
the size of the amusement
for those tourists whose primary purposes are
retail shopping appear to be reasonable. The
expenditures at the amusement park are high given
proportion of the proposed facility.
BENEFITS
Receipts
1. The developer estimates that the mall will generate approximately $1.4
billion in new expenditures in the region: $541.3 million on-site and $825
million off-site.
2. The developer estimates that the mall will generate $1.2 billion in retail
sales of which $425 million comes from new tourists --the remainder ($775
million) from growth that would accrue to the region with or without the
mall.
3. Based on the developer's assumptions, the mall will capture 33 percent of
the 1995 projected baseline retail growth that would accrue to major
retail centers and the central business districts. This is off -set by the
$825 million spent off-site in other services if the tourist projections
are correct. •
4. If the developer's assumptions are reduced by approximately 50 percent,
the mall will generate $600 million in new receipts to the region and
state. Fewer induced expenditures mean the mall would capture a larger
share of expected retail growth.
Jobs
1. Based on the developer's assumptions and using the Revenue Department's
Minnesota forecasting and simulation model, the mall will create 4,551
construction jobs in 1986, 11,715 in 1987, and 8,683 in 1988. Additional
construction jobs will continue through 1993.
2. In 1995, when the mall is fully operational, the developer estimates
29,443 new jobs created in the region, of which 27,370 (full time
equivalent) will be at the mall. The Revenue Department's model estimates
27,539 new jobs for -the region and the state. .If an employment multiplier •
of 1.3 is applied to the developer's assumptions, the new jobs are reduced
to 21,263.
3. If the developer's tourist assumptions are reduced by approximately 50
percent, the Revenue Department's model estimates 9,803 new jobs to the
region/state. If there are no new tourists, there will be no new jobs.
4. The jobs generated by the mall project will provide employment
opportunities needed for low skilled or unskilled workers in the
metropolitan area.
Tax Revenue Estimates
1. The Revenue Department's model estimates that construction of the mall
will generate approximately $121 million in state taxes ($59 million
personal income, $51 million sales tax and $ll million corporate income).
2. The Revenue Department's model estimates that in 1995 the operations
phase of the mall will generate $91 million in state taxes, given the?
developer's assumptions. If the tourist assumptions are reduced by
approximately 50 percent, the mall will generate $34 million. With no new
tourists, the mall will generate no new revenue.
IA Co
E3. Triple Five Corp. most recent estimates indicate that the mall will
generate up to $206 million annually in tax revenues from operations.
COSTS
Convention Center
1. In reviewing proposals for the location of a state convention center, the
Council found Minneapolis a more appropriate location than Bloomington
based on Metropolitan Development Framework policy giving priority to
maintaining the Metro Centers as the focus of the region's commercial,
institutional, cultural and entertainment facilities.
2. Development of a convention center in Bloomington is not likely to
...generate the new convention and trade show delegates -estimated by the
developer which are 220 percent higher than the attendance projected for
• the new state convention center in a study commissioned by the state
convention center commission.
3. .If --two state-level_convention.centers_are...bui.l.t,.competition_between
Minneapolis and Bloomington for events is likely to result in significant
operating losses for the Minneapolis -convention center, which will have to
be made up from public funds.
4. The operating losses constitute a substantial effect on planned
development in the city of Minneapolis.
Public Subsidies
Fiscal Disparities
1. The Council has supported the fiscal disparities program since its
-inception and has opposed the granting of exemptions. In reviewing the
-proposals-far-the---state-convention center, the Council recommended against
the use of fiscal disparities exemption as a means of financing the
convention center.
'2.' 'The Council recognizes --the important role that the fiscal disparities
program has playedAr sharing the economic benefits that result.in large
- measure from the location of regional facilities. The Council also
recognizes the need to improve the program by reducing inequities and
eliminating existing exemptions and will support such efforts before the
legislature.
3. The proposed fiscal disparities exemption is different from other exemp-
tions in that it is rebated to the developer directly. Other exemptions
in the law are used to finance public improvements in tax increment
districts. No new exemptions have been created since the original
legislation was passed.
4. The proposed exemption from fiscal disparities could -result in an
estimated $80 million in tax base being exempted from the fiscal
disparities pool. The primary effect of the exemption is to reduce the
areawide shared tax base -.and the -resulting -tax -revenues to municipalities,
counties and school districts. Local governments could have an estimated
$8.5 to $10 million less than if the tax base were shared.
6(V
5. The effect of the exemption is to shift the subsidy of Triple Five to
other local governments by reducing the tax base and thus raising taxes.
Exemption of the project from fiscal disparities could cost the state an
estimated $2.2 million in state aids.
Tax Increment
Tax increment financing is the most flexible and effective local strategy
available to local governments to support growth and development within their
communities. To insure that tax increment financing remains available, cities
should exercise restraint in use of this tool. Hennepin County guidelines
recommend, for communities where the total assessed value of taxable real
property exceeds $200,000,000, that the estimated captured assessed value not
exceed a -maximum of.six.percent.
1.
Tax increment financing in the amount of $140 million is proposed to fund
the parking structure and_site.improvements for the Mall of America and
•
Fantasyworld.
2.
Tax increment financing could shift costs of serving the proposed
development onto other Bloomington..taxpayers. However, for this
development the increased costs for local services such as police, fire,
street repair, etc. will be offset by increases in local fees and
hotel/motel taxes paid by the project.
3.
The major tax increment financing shift associated with the Mall of
America and Fantasyworld concerns regional transit which is estimated to
cost $8.1 million. 'Costs estimated at $3.1 million annually will be
levied on the remainder of the region provided that the Regional Transit
Board is authorized by the legislature to increase its levy.
4.
-'If the transit levy isnot increased, increased transit service to the
`-mall-must-be funded by.a .legislative:appropriation...or,.by,-cutbacks.:in
•
service in other areas of the region.
Hotel -Motel Tax
1. The proposed hotel/motel-'sales tax is -consistent with Council policy:on
revenue contained in the Regional Service -and Finance Study in that
beneficiaries of a service pay the costs generated. To the extent that
visitors generate the costs related to public services and public sub-
sidies, the hotel/motel tax will be levied on the visitors as
beneficiaries.
POTENTIAL EFFECTS ON OTHER LOCAL GOVERNMENTAL UNITS
1. A second state -level convention center in Bloomington would have a substan-
tial adverse effect on the planned convention center in Minneapolis. It
would increase the.operating_deficits for the Minneapolis center and would
be likely to draw attendance away from -the planned Minnneapolis state -
level center.
2.' The proposed -state=level-.convention, center at the Mall- of America and
Fantasyworld meets the criteria in the metropolitan significance rules to
12 V
•
make a determination that a proposed project is
icance based on its substantial adverse effect
development in a local governmental unit other
Bloomington.
of metropolitan signif-
on a planned land use or
than the city of
3. An exemption from fiscal disparities would affect every community in the
metropolitan area. If the proposed project contributes to fiscal dispar-
ities, property taxes paid in all other communities are lower. If it is
exempted, taxes are higher. In this sense, the subsidy to the developer
is shifted to other local governments.
4. Exemption of this project may set a precedent that results in significant-
ly lower tax revenues for some metropolitan area communities.
5. The proposed exemption from fiscal disparities meets the criteria in the
metropolitan significance rules to make a determination that a proposed
project is of metropolitan significance based on its substantial.adverse
effect on an existing or planned land use or development in local
government units other than .the city of Bloomington.
RECOMMENDATION
That the Council determine. that the metropolitan significance regulations apply
to the proposed Mall of America -and Fantasyworld.
That the Council determine that the proposed Mall of America and Fantasyworld
causes the effects set forth in Minn. Rules 5700.0400(D) and 5700.0500.
That the Council determine that the proposed Mall of America and Fantasyworld
is of metropolitan significance.
That the Council determine that the proposed Mall of America and Fantasyworld
meets the metropolitan significance standards -for transportation system impacts
set forth in Minn. Rules 5700.0400(0) but is not appropriate for the exercise
of. the.power.:of-suspension.
That the Council determine that the appropriate action to protect the
-regional transportation system is to use the Metropolitan Land Planning.Act
process to require -any modifications - necessary to-the'proposed development -to
....insure.that=the.scale.and timing of the development do not exceed.the capacity
of the regional transportation-system.and_do--not-affectthe-timing.andfunding
of other elements of the regional transportation system. An acceptable
comprehensive plan amendment will be necessary before the city of Bloomington
will receive approval for sewer connections and interchange construction
required to serve the development.
That the Council determine that procedures should be initiated to amend the
regional transportation plan to address the magnitude and timing of the
immediate area highway improvements in conjunction with the development of the
Mall of America and Fantasyworld. New funding sources will be necessary to
insure that state and regional-priori.ties:are maintained -for -other elements of
the regional -transportation system.
That the Council determine that the proposed Mall of America and Fantasyworld
meets the -metropolitan significance standards for.substantial effects.on
M
planned development in local governmental units set forth in Minn. Rules
5700.0500 but is not appropriate for the exercise of the power of suspension or
amendment.
That the Council determine that only one new state -level convention center can
be accommodated in the Metropolitan Area, and the location most supportive of
Council policy is in the metro center of Minneapolis.
That the Council reaffirm its long-standing commitment to the fiscal dispar-
ities program. The Council will actively oppose this exemption and any other
proposed exemptions from the fiscal disparities program before the legislature
and will actively support positive steps to improve the program and to
eliminate any existing inequities and exemptions.
The Metropolitan Significance Review Committee further recommends
That the Council institute a study to"determine an ultimate design concept for
the I-494 corridor to accomodate regional growth; the study to be undertaken by •
the Council in cooperation with the Minnesota Department.of Transportation.and
affected local communities. The study -could lead to a modification of the
metropolitan transportation system -plan which -in turn will require modification .
of the plans of local governments affected'by the -system plan.
That the -Council use the local plan amendment process under the Metropolitan
Land Planning Act to accomplish the following:
To scale down development proposals for the entire Airport South area
in order to maintain long-term traffic volumes on I-494 below the
capacity of an eight lane freeway. Because of its large peak -hour
trip generation characteristics, office space development for the
entire Airport South area should be considered as a prime candidate to
be reduced or converted to a land use that generates fewer peak -hour
.trips.
,-To require, the: �Jmplenentation_of aggressive travel demand- management - - •
techniques in conjunction with"the proposed development for the entire
Airport South area. Transit options should be closely evaluated by
'the- Regional Transit Board prior to implementation to -determine their
cost-effectiveness.
PPOOOY/PHDEVI
1•
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Madiew,vnt l
COMMENTS BY INTERESTED PERSONS
PUBLIC HEARING ON MALL OF AMERICA AND FANTASYWORLD
NOVEMBER 21, 1985
List of Interested"Persons
Jay Gould, Bloomington resident representing himself
Dale Simonson, Bloomington resident representing himself
Mike McGrath, Bloomington resident representing himself
Charles Cook, representing the Bloomington Convention and Tourist Bureau
'Sheila Grundstrom, operator of Grandview resort representing herself
Ahmid Kahlifa, representing the Minority Input Committee
Alfred Babbington -Johnson, representing the National Association of Minority
Contracts of Minnesota
.Bob Gunderson, representing the Richfield Chamber of Commer
'Paul McCarron, Anoka County Commissioner, representing Anoka County
Jack:Carlson, representing Citizens Committee in Favor.of the Mega Mall
'Don Gruen, representing the Bloomington Chamber -of -Commerce
Gary Berg, representing the Minnesota United Auto Workers State Community
Action Program
Lloyd Schultz, Lonsdale, Minnesota, representing the Sellner Manufacturing
Company of Faribault, Minnesota (Tilt -A -Whirls)
Dick Ganglhoff, representing the city of Robbinsdale
Charles Weaver, representing the Anoka -Hennepin School District
Robert King, representing the Downtown Council of Minneapolis
Robert Thomas, Representing the Minneapolis Convention.and.Visitor Commission
Jeff Sokol, resident of Plymouth, representing himself
Daniel Smith,-resident.of.Burnsville, representing himself
Written'Statements Submitted
The'foldowing.submitted written statements which are attached.
'.Dale_.Simonson,_2815 Overlook.Drive, Bloomington,.MN_55431.submitted Nov_ 21,
1985
Donald Groen, Bloomington Chamber of Commerce, submitted Nov. 21, 1985
Letter dated Nov. 18, 1985 from Pat Wanless, 1126 Engelwood, St. Paul, MN
Letter dated Nov. 22, 1985 from Twin West Chamber of Commerce, 400 South County
Road 18, St. Louis Park, MN 55426
Charles Cook, Bloomington Convention and Visitors Bureau, submitted Nov. 21,
_1985
Letter dated Nov. 25, 1985 from John Frin, 6332 Wilryan Avenue South, Edina, MN
55435
9Z)
Letter dated and received Dec. 2, 1985 from H. William Lurton, Chairman of.
Jostens, 5501 Norman Center Drive, Minneapolis, MN 55437
Letter dated Nov. 27, 1985 from James Krautkremer, Mayor of the city of
Brooklyn Park, 5800 85th Avenue North, Brooklyn Park, MN 55443
Letter dated Nov. 29, 1985 from Patrick Colbert, Jr., President of the American
State Bank of Bloomington, 4200 West Old Shakopee Road, Bloomington, MN 55437
Notes on a phone call received by Josephine Nunn, Metropolitan Significance
Review Committee Chair, from Father Leonard Leander on Dec. 2, 1985
The followina items were received after the close of the public hearinq and
Letter dated Nov. 4,'1985 from John F. Karr, President 'of the'Met Center, 7901
Cedar Ave. South, Bloomington, MN 55420
•
Newspaper tlippings received December 4,"1985 from C. Sandberg, no address
given.
Summary of Comments
Jay Gould stated that 83 percent of the project was financed by public money
with only ten percent risk assumed by Triple Five Corp. City residents will
pay more tax to support services for the Mall. He objected to the signage
provisions, to the potential impact on the Jordan acquifer from dewatering and
expressed concerned for retail development in out -state communities.
Mike McGrath stated that the Mall has given Bloomington a sense of
community. There is unity on.the,Mall concept and the people of Bloomington
will -be affected beneficially.
.,:Charles Cook.disagreed.wi.th the-" one -convention.:center°.argument:-statirg_that•
there was enough business for both: -Bloomington's -site is preferred._because of
its proximity to shopping and to the airport.
Sheila Grundstrom expressed concern -regarding unemployment -in -northern
Minnesota. She stated that jobless from the north could get some -of the:Mall
jobs. She estimated that $l million spent on °lodging generates $2.8 mi91ion in
other spending.
Ahmid Kahlifa stated that the West Edmonton Mall has dynamism. Triple Five
Corp. will sign a fair share agreement with NAACP with an estimated $150
million in contracts for minority businessmen.
Alfred Babbington -Johnson supported the project. Both construction and
operations jobs have been pledged for minority maximum participation.
Bob Gunderson supported project and indicated.that Richfield needs
_ _
-revitalization and will be aided by the project, -especially on its southern and
eastern boundaries.
C1!
Paul McCarron,Anoka County Commissioners, spoke for Anoka County in
opposing the exemption for fiscal disparities. The county supports changes to
the fiscal disparities law to improve it but not exemptions that would lead to
its demise; the county also supports the abolition of existing exemptions. The
county is also concerned about the potential redistribution of highway funding.
Jack Carlson stated that the Mall is right for Minnesota and the state should
be happy to have $1.2 billion coming into the state. He disagreed with the "no
net tourist" conclusion. A major concern is the perception of businessmen
regarding the atmosphere in the state for development if the Mall is rejected.
The convention center makes sense as a tie-in with entertainment and shopping.
With regard to fiscal disparities, he stated that spin-off development would
substitute for the dollars lost.by the exemption.
„ -_.Don Groen.asked .that the .committee look at opportunities; that the two
convention centers will serve different markets; that money needed for
• transportation improvements will come from the project; that no concerns has
been expressed by local retailers; and that the CBDs are no longer the primary
retail centers in the region.
Gary Berg stated 'that :unions ar..e-interested 1n the -project because it will
provide jobs for the unemployed:because of .layoffs or plants that have moved to
Europe.
LLoyd Schultz displayed a copy of his company's newest ride, the Astro Base
Command and indicated his company's interest in an entertainment center in
Bloomington. He stated his support of the Mall as an economic benefit to the
area.
Ddick Gangelhoff opposed the granting of an exemption to fiscal disparities
for the project. The fiscal disparities' -program has worked well and granting
_ the exemption would open the door for conflict between communities.
'?Charles'Weaver opposed -the exemption -to fiscal.idisparities:. The fiscal
• disparities program was designed to compensate communities that did not receive
regional highways, sewers, etc and the economic benefits that accompanied those
regional services. No exemptions have been granted since the inception.of .the
program. `The Metropolitan Losers group recommended the elimination of
exemptions.
Robert King stated that the city of Minneapolis has the critical mall needed
to support a convention center. Minneapolis gets repeat conventions and needs
increased capacity to handle bigger shows. The testimony before the Brutger
commission indicated interest in the CBD for a convention center and no
interest in two convention centers.
Robert Thomas concurred with the Minneapolis site for the convention center.
His commission has increased its committment to $250,000 lkto promote tourism
and convention business in downtown Minneapolis. Both the city and the
business community have demonstrated their committment to the convention
center. In the Decision Resources poll, the respondents overwhelmingly chose
Minneapolis over Bloomington on each characteristic.
Jeff Sokol -considered himself -a neutral party aggravated because the downtown
interests of Minneapolis have unfairly -stepped into this issue. Bloomington
should be allowed to encourage free enterprise.
90--
Daniel Smith stated that the Mall represents a significant investment in
Minnesota and Minnesotans and that participation in fiscal disparities should
be waived for this site.
PPOOOE/PROTX3
IN
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MEMO TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: DALE PETERSON, CHIEF BUILDING OFFICIAL
DATE: NOVEMBER 26, 1985
RE: ALLEGED DUMP SITE IN THE BRITTANY ADDITIONS
• There was a site used for dumping construction materials near Shevlin Court in
Brittany 4th Addition several years ago. At that time, Dakota County's
Department of Human Services became involved and the issue was resolved by a
_ -.partial cleanup.. -1. became aware. of...another site being used -for waste
.,construction materials -recently, but -on -investigation` it had been removed or
buried. I understand that the site was somewhere_on Outlot A in Brittany 8th
Addition which has now become Brittany 9th Addition. I will be available to
discuss with you further actions.
Blue Cross and
Blue Shield
d K&vmsote
Copy To:
E
Interoffice Memo
To: Ed Michaud, President, Dakota County Chamber of Commerce
Paul Hauge, President, Eagan Chamber of Commerce
XBea Blomquist, Mayor of Eagan
Larry Kraning, Chair, Eagan Chamber Economic Development Committee
From: Lou Clark, Blue Cross and Blue Shield of Minnesota
Date: December 5, 1985
Subject: ENCLOSED LETTER
•
Enclosed is a letter which Andrew P. Czajkowski, President, Blue Cross
and Blue Shield of Minnesota set to MN D.O.T. and Dakota County. In it
you will note BCBSM's concern over the safe access to our Eagan Facility
during the time that Yankee Doodle Road is being rebuilt.
In addition to those listed on the letter, copies are being sent to:
Larry Figgims,- Dakota County
Tom Colbert, Eagan
Kermit McRae, MN D.O.T.
Dick Elasky, MN D.O.T.
Any assistance that you can provide will be appreciated. If you have any
questions or comments, please feel free to contact me on 456-8030.
LRC/mbo
Enclosure
F1 a30 -R 1 -
Blue Cross and
Blue Shield
dMnnesda
P.O. Box 64560 • St. Paul, Minnesota 55164
November 27, 1985
Mr. Robert Vockrodt
MN Department of Transportation
District 9 - Oakdale
3485 Hadley Avenue North
North St. Paul, MN 55109
Mr. Robert Sandeen
"Dakota -County Government Center
1560 West Highway 55
,S Hastings, MN 55033
Dear Gentlemen:
I am writing to you .on-behalf._.of. Blue.. -Cross and Blue Shield
of Minnesota (BCBSM) and a concern that we have regarding an
anticipated traffic problem.
BCBSM is the state's largest provider of prepaid health care
coverage with service locations throughout Minnesota. We
currently employ over 1,600 individuals of which over 1,550
are located at our Eagan facility. Currently those 1,550
employees have access to the Eagan facility by two roads,
Blackhawk and Yankee Doodle.
Yankee Doodle .Road -intersects Righway.13 .with a .semaphore
• "-light -=interchange.:=::The :only - . access , :to Highway_13 _ -from
Blackhawk is by way of a stop sign on-Blackhawk. Beginning
in .the Spring of 1986, Yankee Doodle will be closed for
_recons.truction -,resulting . _in -1,550 .BCBSM .,_employees _having
access.to Highway -13 -only through a stop sign.
The purpose of-my'letter is-to'request that action be taken
to alleviate the situation at the intersection of Blackhawk
and Highway 13. We strongly recommend that a semaphore light
be installed at that intersection.
While we can understand that there may be some question as
to whether this intersection is the responsibility of the
State of Minnesota or of Dakota County, our concern is over
the safety of our employees. We feel that without a
semaphore.. light...at..__that intersection,.. there. is ..no .safe or
adequate access for 1,550 BCBSM employees -
9 �
mployees_
9(�p
So that you can better understand and
pated problem. I have requested Louis
Human Resources, to work with you. He
Dakota County Chamber of Commerce will
schedule a visit to the site.
visualize the antici-
Clark, Sr. Manager of
or Bill Escher of the
be contacting you to
Hopefully, proper measures will be taken to assure the
safety of our 1,550 BCBSM employees. On behalf of BCBSM, I
thank you for your prompt attention to this situation.
Sincerely,
Andrew P. Czajkowski
President
"cc Richard Braun, MN DOT
Bill Escher, Dakota Chambers
Tom Hedges, City of Eagan
Larry Wenzel, Eagan Chamber
a
U
Mr. Chairman and members of the Hearing Panel, I am Mayor Bea
Blomquist of the City of Eagan, Minnesota. Eagan and its neighbor,
Mendota Heights, lie southeast of the parallel runways at
Minneapolis - St. Paul International Airport. These parallels are
the principal runways for air traffic, typically handling between
50 percent and 60 percent of all departures and arrivals at the
airport. The impact of deregulation on our community is especially
profound as approximately half of all increases in volume directly
affect us.
Throughout the years, the City of Eagan has cooperated effectively
with the Metropolitan Airports Commission in approaching local
solutions to a wide variety of airport issues. The cities which
surround the airport recognize the significant amenity it provides
and we realize that our best interests are served by its efficient
operation. However, the substantial increase in aircraft oper-
ations since deregulation has brought into focus the negative
noise impacts of this amenity.
This hearing is an important indication of the FAA's willingness
to listen to local concerns and be sensitive to them. Too often
the.::airport"'.s_multiple a avers of 'responsibility and the complexity
of .its issues are intimidating and frustrating for those outside
the industry,. We appreciate this chance.. to address you directly
as any effective solution to our post -deregulation noise problems
must come at the federal level.
It is obvious that the long-term solution lies in changing tech-
nology. It is essential that the FAA encourage financial and
procedural incentives for the purchase and use of Stage III air-
craft. Unfortunately, major carrier fleet conversion to quieter
aircraft will result in the sale of the Stage .II aircraft to
smaller carriers. Therefore, disincentives to :their production
and use should be -encouraged by .the FAA as well. Taking this a
..:step_..fur.ther, ..-the FAA .:should pursue _avenues .moo -encourage .research
and development-of"Stage"_IV technologies.
In the near'. term, it is important that _the FAA .make efforts --- to..be
increasingly, responsive- to-- noise""affected— communities. Cities -can
control -land .uses -to minimize noise impacts .in certain corridors,
but it does little good.if.the -.high.volume -of operations -results
in increased air traffic over incompatible areas. In Eagan, we
realize that we will always absorb a disproportionate amount of
airport noise. But when that noise becomes unbearable to our
citizens, we need to know that our quality of life will be
considered by the FAA along with efficiency and safety.
The environmental capacity to absorb aircraft noise is being ex-
ceeded in cities across the nation. Federal action is essential
to correct this situation and to hasten the implementation of
noise reducing technologies.
I thank you for this opportunity to speak before the panel.
MA
®F
3830 PILOT IMB ROAD. P.O. BOX 21M9
BEA BLOMQUiST
EAGAN. MiMVESOTA 55121
Mo
PHONE: (6M 451-8100
THOMAS EGAN
JAMES A SMITH
JERRY THOMAS
THEODORE WACHTER
Cwrcd Members
December 10, 1985
THOMAS HEDGES
City Atlmossbota
EUGENE VAN OVERBEKE
City Cwk
a1. Be: Appointment to Developers Task Force
_Dear
I am pleased to. inform you -that -your -:•peers have chosen you to
represent developers as a member of our developers task force.
Attached is a copy of a policy statement that was prepared by the
City of Eagan for your review.
The first meeting of the developers task force is planned for
2:30 P.M. on Thursday, December 19, 1985. At that meeting,
various members of the City staff will discuss the Committee's
main objective and that is to. further review and refine the
City's developers escrow_policy.
-commitment_to_serve-.-as .a member -of :the Committee -.is ... greatly ...._
.appreciated.` 'Other -members =serving- on -the •devel'opers_:task.=force
. are listed on the attached sheet.
-.Sincerely,
Thomas L. Hedge
City Administrator
TLH/j j
Enclosure
G9
THE LONE OAK TREE. ..THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
f.
POLICY STATEMENT
DEVELOPERS TASK FORCE
I. PURPOSE
The City of Eagan derives substantial benefits from the efforts of
developers active within the community. Likewise, property developers
enjoy Eagan's unique advantages which contribute to the success of their
projects. As the community grows, it becomes increasingly important to
maintain avenues of communication with those active in that growth. To
accomplish this, it becomes necessary from time to time to formalize
such communication for the specific purpose of reviewing a particular
issue. For this reason, the City of Eagan desires the formation of a
Developer's Task Force to consider the matter of the City's Developer's
..Escrow Policy.
II. POLICY
It is the Policy of the City of Eagan to maintain communication with its
development.commmunity through -the formation -of -a Developers Task Force.
The Developers Task Force shall 'meet on an ad hoc basis to address
specific issues and shall not be :a. standing committee. The Task Force
shall consist of two (2) developers, two (2) builders, one (1)
contractor, one (1) City Council member, one (1) Advisory Planning
Commission member and five (5) members of City staff. The Task Force
shall conduct itself as a committee moderated by a chairman of its
choosing and shall have as its end a report summarizing its discussion
of the merits and conditions of the issue brought before it.
III. PROCEDURE
Policy implementation .shall -be..accomp]Ishad as follows.
Members.from the development community shall be elected by their
psers:byrmeans.of_a_direct.mail request:to:each=of:'the -groups above
..described. Members from the City Council and Advisory Planning
`Commission: shall - -be %appointed - by -the mayor :and -chairman
respectively. Members from the City'Staff shall be appointed at the
discretion of the City Administrator.
B. Meeting
The Developers Task Force shall not be constrained to a specific
meeting schedule, but it shall meet with sufficient frequency to
complete its discussion and forward its report to the City Council
and Advisory Planning Commission by January 15, 1986.
C. Objectives
The Developers Task Force shall have the following objectives:
1. "To, develop and encourage -:an open -communication between the. City
of Eagan and its development community.
100
PAGE 2
2. To review and discuss the merits and conditions of the City's
Developers Escrow Policy.
3. To define the specific issues which relate to the
implementation of the Escrow Policy and, where possible, reach a
consensus on their resolution. These issues should include, but
not be confined to, responsibility for development costs,
development financing assumptions, procedures in other
communities and refinements of procedure.
4. To outline the issues raised and their resolution, if any, in a
report to be presented to the City Council and Advisory Planning
...Commission at their first meetings after January 15, 1986.
5. To choose a person or persons to present such report and speak
on behalf of the Task Force at the Council and Commission •
meetings.
IV. RESPONSIBILITY
The City Administrator, or designee, shall be responsible for the.
coordination of the Developers Task Force.
V. AUTHORITY
The Developers Task Force was authorized by the City Council at its
October 1, 1985, meeting.
APPROVED:
0 1
DATE:
is
Developers Task Force
._Gary Fuchs
Rod Hardy
Pat Hoffman
Mark Johnson
Loren Spande
Tom Hedges
Tom Colbert
Dale Peterson
Dale Runkle
Ges:e Var.Overbeke
City Council and Advisory
Staff Support
Jon Hohenstein
Eagan Construction
Sienna Corporation
Advance Developers
Mark Johnson Construction
Developer's Construction
City Administrator
Director of Public Works
Chief Inspector
City Planner
Finance Director
Planning Commission members
Administrative Assistant
/ 0 a --
to be determined.
Pl�
ADMINISTRATIVE AGENDA
REGULAR CITY COUNCIL MEETING
EAGAN, MINNESOTA
DECEMBER 17, 1985
CITY ATTORNEY
1. Findings of Fact, Conclusion of Law and Order for Judgement
CITY ADMINISTRATOR
1. Sale of City Vehicles
2. Three -Mile Departure Corridor
3. Community Development Block Grant Program
• 4. 1986 Commpensation Plan for All Non -Collective Bargaining
Positions
5. Seasonal Temporary and Part -Time Skating Rink Attendants
DIRECTOR OF PUBLIC WORKS
1. Project 458, Feasibility Report - Special Assessment
(Eagandale Industrial Park - Storm Sewer)
•
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: DECEMBER 16, 1985
SUBJECT: ADMINISTRATIVE
CITY ATTORNEY
1. Findings of Fact, Conclusions of Law and Order for Judgment --As
a part of an informational memo that was sent out December 6,
1985, the findings of fact, conclusions of law and order for
judgment on the Anthony Capoini vs Arnold Carlson, City of Eagan
case was included. - There are some recommendations listed in
a letter dated December 2, 1985, that require direction by the
City Council. In case any member of the City Council has misplaced
his/her copy, another copy is enclosed for your review on pages
• L�through�L.
ACTION TO BE CONSIDERED ON THIS ITEM: To direct the City Attorney
regarding various recommendations that are made by his office
in the December 2 correspondence.
CITY ADMINISTRATOR
1. Sale of City Vehicles --The Director of Finance/City Clerk
has received bids for the sale of City vehicles that have been
designated surplus property. The high bidder for the 1983 LTD
is Donn Smith in the amount of $1,765.25, while the high bidder
for the 1977 LTD used by Engineering is Viking Auto Salvage in
the amount of $279. There were four (4) bidders for the 1983
LTD and three (3) for the 1977 LTD.
• ACTION TO BE CONSIDERED ON THIS ITEM: To sell the 1983 LTD and
1977 LTD that have been designated surplus property to the highest
bidders.
2. Three -Mile Departure Corridor --Mayor Blomquist has been serving
as a member of the Governor's Task Force on Airport Noise and
questions have been raised regarding the three-mile departure
corridor that is supposed to be used for runways 11L and 11R.
Since deregulation, many of the airplanes have been turning at
approximately two to two and one-half miles causing a considerable
noise impact on those residents in northern Eagan. The three-mile
departure corridor was established as a part of an agreement
between MAC and the City of Eagan in the early 1970's. This
resolution, a copy is attached and referenced as pages_/(wand
Jover, will again support the agreement of record with the
nor's Task Force as it continues its study and formulations
of recommendations for handling airport noise.
ACTION TO BE CONSIDERED ON THIS ITEM. To approve or deny the
three-mile departure corridor for parallel runway departures
over Eagan & Mendota Heights as suggested.
/D 3
3. Community Development Block Grant Program --According to City
Planner Runkle, the community development block grant program
for 1986 has been advertised requesting input for eligible
projects. There were no groups or organizations that submitted
any requests and, therefore, the activity which the three cities
are recommending --a district three housing rehabilitation program
for low and moderate income families --is apparently progressing
along as a favorite for the block grant program. The City Planner
will be available on Tuesday to further explain any part of the
program with the City Council.
ACTION TO BE CONSIDERED ON THIS ITEM: There is no action required
on this item at this time.
4. 1 1986 Compensation Plan for All Non -Collective Bargaining
Positions --A compensation plan was prepared for all non -collective
bargaining employees and is enclosed for review and consideration.
The results from comparable worth should be available in early •
January and a plan will then be considered for adoption and submit-
tal to the State during the winter. The compensation plan for
non-union personnel evaluated all positions through an external
comparison and did not compare positions internally which will
be performed through comparable worth.
ACTION TO BE CONSIDERED ON THIS ITEM: To consider a compensation
plan for 1986 for all non-union positions.
5. Seasonal TempoFary and Part -Time Skating Rink Attendants --
Enclosed on page -,X/, is a list of individuals who are being recom-
mended for employment as skating rink attendants for the 1985-1986
season by the Director of Parks & Recreation.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the list
of part-time employees as presented.
is
DIRECTOR OF PUBLIC WORKS
1. Project 458, Feasibility Report - Special Assessments (Eagandale
Industrial Park - Storm Sewer) --At the November 19 Council meeting
she feasibility report for the above -referenced project was pre-
sented to the Council for their consideration of scheduling a public
hearing to install two separate sub -trunk storm sewer facilities
within the Eagandale Industrial Park. As a part of the discussion
of the presentation of that report, the Public Works Director dis-
cussed with the Council the potential objections that might be
received from levying a special assessment for storm sewer facili-
ties against property within the benefited drainage basin that
is already developed and serviced by the existing storm sewer facil-
ities. As a result,the Council requested additional information
providing a breakdown'between the developed lots versus undeveloped.
Enclosed on pager is a map showing this brea:cdown of the bene-
fited drainage area.
• The total undeveloped property within the drainage basin comprises
62.688 of the drainage basin. If the entire cost of this project
were assessed against that property only, the assessment rate would
increase from 9.2C/S.F. to 14.64/S.F. If the project as originally
proposed were to be assessed against all the property within the
benefited drainage basin as proposed in the feasibility report
and if all of the developed property were successful in a special
assessment appeal, the City's potential liability would be $152,629.
Of the 25 remaining undeveloped lots within this project's benefited
area, 18 are owned by Northwestern Mutual Life Insurance Company
(Tom Davis)., 6 are owned by ALSCOR Investment (NWML & Opus) and
1 is owned by Chicago Tube and Iron Company.
The Public Works Director will be available to discuss in further
detail various ramifications associated with different methods
• of assessing the cost of this needed improvement.
ACTION TO BE CONSIDERED ON THIS ITEM: To determine a method of
special assessments for Project 458 (Eagandale Center Industrial
Park - Storm Sewer).
City Administrator
16,
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M- BELLIN
MICHAEL J. MAYER
Mr. Thomas Hedges
City Administrator
3830 Pilot Knob Road
Eagan, Minnesota 55122
HAUGE, EIDE & KELLER, P.A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILDINGS
3908 SIBLEY MEMORIAL HIGHWAY
EAGAN, MINNESOTA 55122
December 2, 1985
Re: Caponi v. City of Eagan, Carlson, Bonnestroo et al
• Dear Tom:
AREA CODE 612
TELEPHONE 454-0224
We have just received the order from Judge Breunig of the Dakota County
District Court based upon the trial of August 27, 1985 concerning the Caponi
claim. After approximately five years since the action was started and many
court appearances, the following are some comments regarding the action:
1. You will note by the enclosed set of findings, conclusions and order that
.Mr. Caponi was successful in receiving judgment for $55,900 against four
defendants, Arnold Carlson, Robert Tilsen, City of Eagan and Bonestroo,
Rosene.
2. As to each of the defendants, each one is obligated to pay one—quarter of
the award.
3. There is no award for attorneys fees on behalf of any party, although,
• there are some costs the Mr. Caponi would be entitled to under the
statutes.
4. You may recall that Rome Insurance Company which was the applicable Eagan
Liability carrier in the fall of 1984 determined that it would no longer
defend on behalf of the City claiming that the action was one basically
an inverse condemnation. Although we were successful in receiving a
decision from Judge Breunig that it was not in the nature of inverse
condemnation, but rather one of a claim for damages Home continued to
refuse to defend.
5. You will also note by the decision that both Bob Tilsen and the Bonestroo,
Rosene office settled with Caponi prior to trial and each made a payment
somewhat less than the approximate $14,000 judgment against each. It is
our understanding that they will not be required to pay an additional
amount, but that Mr. Caponi will not be entitled to the differential.
6. It is clear from the experience that the City must acquire necessary
permits when lake levels are being affected, including permits through the
Department of Natural Resources.
7. In addition, the decision includes a finding that a 12" outlet pipe was
installed one foot higher than designed by the engineering firm.
Apparently, the inspection did not detect the error in the construction.
//1)
' 'STATE OF MINNESOTA
COUNTY OF DAKOTA
Anthony Caponi,
Plaintiff,
-vs-
Arnold Carlson, City of
Eagan, a Minnesota
corporation, et al,
Defendants.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER FOR JUDGMENT
Fi. No. 87177
The above -entitled action came on for trial on August 27, 1985 •
before the -undersigned at the Courthouse, City of Hastings, Dakota
County, Minnesota.
Appearances were as follows:
Thomas J. Rooney, Esq. appeared on behalf of the Plaintiff;
E.C.Meisinger, Jr., Esq. appeared on behalf of defendants Arnold
Carlson, Fred Fredrickson and Fred Fredrickson Excavating Company,
and Kevin Eide, Esq. appeared on behalf of the City of Eagan.
Prior to trial the claim against the State of Minnesota was •
dismissed and the claims against Bonestroo, Rosene & Anderlik and
against Robert Tilsen were settled under a covenant authorized by
precedents.
The Court, having considered the evidence presented in the
mandamus proceeding and this proceeding, the exhibits, the arguments
of counsel, their memoranda, all records of proceedings in this
mutter and being fully advised, makes the following:
FINDINGS OF FACT
1. Quigley Lake is located in the north half of Section 27,
Township 27 North, Range 23 West, Dakota County, Minnesota. The
/j
1'l
lake is non meandered and the land beneath is.privately owned.
2. Plaintiff owns 43 acres of land described as the:
N.W. 1/4 of the N.E. 1/4 and the
West 99 feet of the N.E. 1/4 of
the N.E. 1/4, Section 27, Township
27, Range 23, Dakota County, Minnesota.
3. The above land encompasses almost all of the bed of the lake.
4. Defendant, Arnold Carlson, owned a small area along the
west and south shoreline of the lake.
5. Quigley Lake drained naturally to the west and south to
Carlson Lake.
6. In the year 1974, without governmental authority, Arnold
Carlson constructed an earth berm approximating eight feet in height
which permanently dammed the natural drainage ditch entering Carlson
Lake.
7. Between 1974 and 1977 Quigley Lake had no outlet. Without
the dam the area along the west and south side of Quigley Lake could
not have been used for homesites.
8. The City knew or should have known that without an outlet
•
Plaintiff's land would be
subject
to flooding.
9. Notwithstanding,
the City
approved plats and granted permits
for the construction of homesites along the westerly and southerly
area of the lake.
10. The urbanization of the area in the form of road surfacing,
landscaping and other'development authorized by the City, substantially
increased water runoff on to Plaintiff's land.
11. In the year 1977 the City constructed a new outlet between
Quigley and Carlson lakes consisting of a twelve inch pipe extending
from the southwest corner of Quigley Lake in a westerly direction
/d/
to Carlson Lake.
12. The storm sewer was established under the direction of the
Engineering firm of Bonestroo, Rosene s Anderlik.
13. In error the twelve inch pipe was installed one foot higher
than designed by the engineering firm.
14. After discovery of the error in the elevation of the drainage
pipe in the year 1979, the City of Eagan applied to the Department of
Natural Resources for a permit to maintain the structure as installed.
15. Prior to that time, no permits to establish an outlet were
applied for or issued even though required by law.
16. The physical facts established by the testimony and exhibits •
show that the combined conduct of Arnold Carlson, Robert Tilsen, City
of Eagan and Bonestroo, Rosene s Anderlik caused permanent flooding to
Plaintiff's land.
17. Defendants above-named knew or should have known that the
abnormal character of their respective activities would result in
permanent damage to the land owned by Plaintiff.
18. Plaintiff failed to establish that other named Defendants
contributed to his loss. •
19. The evidence reasonably supports a finding that the combined
unreasonable conduct of the above-named Defendants dininished the per
acre value of Plaintiff's land by approximately One Thousand Three
Hundred ($1300.00) Dollars.
20. while the conduct of the City does not constitute a taking
under Minnesota law, it was such as to deprive it of immunity from
a claim of damages.
21. Plaintiff's action was commenced within two years from the
time damage occurred to his land.
22. Each of the Defendants equally contributed to the damages
//D
-3-
sustained by Plaintiff.
23. Defendant Carlson failed to establish facts necessary for relief
on his counterclaim.
CONCLUSIONS OF LAW
1. Plaintiff shall have judgment against Defendants Arnold Carlson,
Robert Tilsen, City of Eagan and the firm of Bonestroo, Rosene &
Anderlik in the sum of Fifty-five Thousand Nine Hundred ($55,900)
Dollars.
2. As between Defendants, each shall be obligated to assume and
• pay one-quarter of the damage award.
3. Plaintiff shall take nothing by his causes of action against
other Defendants.
4. Defendant Arnold Carlson shall have no relief on his counter-
claim.
JUDGMENT SHALL ENTER ACCORDINGLY.
A 30 day stay is entered.
Dated this 2 2,:,.day of November, 1985.
-4-
THE COURT:
Rollert J reunig
Judge, ist Judicial Dist.
.Y
CITY OF EAGAN
RESOLUTION TO MAINTAIN
THE THREE MILE DEPARTURE CORRIDOR
FOR PARALLEL RUNWAY DEPARTURES
OVER EAGAN AND MENDOTA HEIGHTS
WHEREAS, the City of Eagan has provided a corridor of
land uses largely compatible with overflights by aircraft located
along the City's northern boundary; and
WHEREAS, the corridor corresponds with the Minneapolis -
St. Paul International Airport Runway Use Program for Noise Abate-
ment guidelines promulgated by the Air Transport Association,
Metropolitan Aircraft Sound Abatement Council, Metropolitan Air-
ports Commission and the Federal Aviation Administration; and
WHEREAS, said guidelines require that aircraft departing
the airport on runways 11L and 11R "be issued heading 105 (degrees) •
which will insure that aircraft will remain clear of the Mendota
('Heights)/Eagan noise sensitive areas;" and
WHEREAS, the only qualification to such heading shall be
when diverging headings are necessary to safely manage successive
or parellel departures in which case headings shall be given
between 90 degrees and 105 degrees for Runway 11R and between 90
degrees and 110 degrees for Runway 11L; and
WHEREAS, the guidelines require that all aircraft main-
tain any such departure heading until at least three miles from
the departure end of the runway; and
WHEREAS, these headings and requirements were first
promulgated in 1972 and have continued in force and effect since
._that time; and
WHEREAS, the operation of aircraft outside the corridor •
for .any reason results in an intolerable.situation for Eagan resi-
dents; and
WHEREAS, said requirement .is one of the most effective
sound abatement procedures available at the Minneapolis -St. Paul
International Airport when it is properly used; and
WHEREAS, it has come to the attention of the City of
Eagan that certain parties have made and continue to make efforts
to eliminate the three mile climb on heading requirement for air-
craft departing Runways 11L and 11R.
NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan
appose any and all efforts to eliminate -the departure headings .and
the three mile climb on heading requirements of the Runway Use
Program for Noise Abatement for the Minneapolis -St. Paul Inter-
national Airport dated May 1, 1984, and
�/v
r
BE IT FURTHER RESOLVED, that the Federal Aviation Admin-
istration instruct departure controllers to adhere closely to these
requirements for departures on Runways 11L and 11R by giving such
aircraft only those headings prescribed by the Runway Use Program,
Part, V, Section 3,i and monitoring departures to assure a three
mile climb on heading before turn.
• MOTION MADE BY:
SECONDED BY:
THOSE IN FAVOR:
THOSE OPPOSED:
DATED:
CITY OF EAGAN
CITY COUNCIL
By:
Mayor
Attest:
.Its Clerk
CERTIFICATION
I, E. J. VanOverbeke, Clerk of the 'City of Eagan, Dakota
County, Minnesota, do hereby certify that the foregoing resolution
.was auay passed and adopted by the City -Councl7_.of the .City oT
• Eagan, Dakota County, Minnesota, in a regular .-meeting .-thereof
assembled this 17th day of December, 1985.
E. J. VanOverbeke, City Clerk
City of Eagan
//3
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
TOM HEDGES, CITY ADMINISTRATOR
FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION
DATE: DECEMBER 13, 1985
RE: SEASONAL TEMPORARY & PART TIME STAFF - SKATING RINK ATTENDANTS
The following individuals are being submitted for employment as skating rink
attendants for the 1985-86 season. These individuals will be paid a salary
ranging from $3.55 per hour up to $4.50 per hour dependent upon the status
with the department and rink locations.
RETURNING
RICK RONBOM
KIM OPATZ
BRENT EICHTEN
JAMES GILBERTSON
CHARLES CARTER
TIM O'CONNOR
DAVE CARNEY
GREG ELLINGSON
SCOTT ELLINGSON
FIRST YEAR
PAUL FRANK
ADAM WORTMAN
ROB KANE
JON CUDO
MICHAEL O'CONNOR
TONY GREER
TOD BRUESTLE
The department is still short approximately four employees to staff the
warming houses. Ads requesting applications for attendants have been run in
the Dakota County Tribune and local newspapers as well as on Cable Channel 10
during the week of December 9. It is anticipated that additional applications
will be received now that the skating season is at hand. If the department
has not received sufficient applications to staff the warming houses, it may
be necessary to shorten hours of skating at certain facilities or actually
close the facility until staffing is found.
KV/js
•
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-7- .«
AWITION ams
EAGANDALE INDUSTRIAL PARK
DRAINAGE AREA STATUS
PROJECT No. 458
EAGAN, MINNESOTA
DEVELOPED DRAINAGE AREA
UNDEVELOPED DRAINAGE AREA
BONESTROO, ROSENE, ANDERLIK
& ASSOCIATES, INC.
Consulting Engineers
St. Paul, Minn.
Date: Nov. I, 1985 lr FIG. No. 3
Comm. 49370 II
REGULAR MEETING
EAGAN CITY COUNCIL
EAGAN, MINNESOTA
CITY HALL
DECEMBER 17, 1985
6:30 P.M.
I. 6:30 - ROLL CALL & PLEDGE OF ALLEGIANCE
II. 6:35 - ADOPT AGENDA & APPROVAL OF MINUTES
III.Q• 6:37 - PEOPLES NATURAL GAS COMPANY
IV.�6:45 - TAX ABATEMENT _ DAKOTA COUNTY TAX ASSESSOR'S OFFICE
9-,6:50 - DEPARTMENT HEAD BUSINESS
�D.0 A. Fire Department QU C. Park & Recreation Department 1 e•u B. Police Department AD. Public Works Department
VI. -'6:53-=,CONSENT'AGENDA
p. /0 A. Contractors' Licenses
p•/a B. Personnel Items
P.a D C. Valley Sanitation for Rubbish License
P.1 o D. Contract 84-10, Final Payment/Acceptance, Coachman/Silver Bell
Roads - Streets
P.a1 E. Contract 85-14, Final Payment/Acceptance, Spring Park Construe -
Lion
P.al F. Contract 85-04, Final Payment/Acceptance, Rahn Park Grading
P• G. -Project 462, Receive -Feasibility •Report,:Order.Public_Hearing
(Windtree 5th & 6th Addition - Streets"& Utilities)
p. -LA H. Project 464, Receive FeasibilityReport, Order Public Hearing
-(Wyndham.Corporate'Center -.Streets & Utilities)
A P. z. -'Vacate Utllity�Easements, Receive Petition/Order Public,Hearing.
(Eagandale Office Park)
_ .aq J. -sContract. 85-8,:_ Approve .Change' Order 01 -(Town Centre .70 & .100
Additions)
a5 K. Approve..Final Plat, Westbrook.lst.Addition (Thomas Westbrook)
�.a l L. Contract 85-12, Final Payment/Acceptance, Lexington Place South
- Streets
P.ag M. Approve Final Plat, Rahn Ridge Addition (Rahn Ridge Associates)
VII. 7:00 - PUBLIC HEARINGS
P. 30 A. Public Hearing for Consideration of Federal Revenue Sharing
Funds
P.31 B. Public Hearing for Project 423 (Group W Addition - Streets)
P_ 3,;L -C. Public Hearing for Vacation of Drainage and Utility Easements in
_. Town Centre 70 Addition
VIII. OLD BUSINESS
p.3y A. Metropolitan Council Update: Met Council Representative Mary
Martin
p.3(o B. Group W Cable Update: Jim Commers, Manager - Group W
3b C. Final Resolution for $1,880,000 in Multifamily Housing Revenue
P, Bonds for Wescott Hills Fourth Addition (John Houston & Darrel
Gonyea)
p.37 D. Final Resolution for $10,000,000 in Multifamily Housing Revenue
Bonds for Thomas Lake Place(DominiumGroup)
P.3Y E. 1986 Budget
IS. NEW BUSINESS
p.yj A. Conditional Use Permit (Hardees Restaurant) for a Drive -Through
Restaurant on Approximately 1.5 Acres and a 143 S.F. Pylon Sign
on Lot 1, Block 1, First Minnehaha Addition in Part of NW 1/4 of
Section 15, Duckwood Drive & Pilot Knob Road
P.y I B. Conditional Use Permit (Lu Vang) for Limited Meat Processing
Operation on 10 Acres in an Agricultural District, Lot 4, Block
3, Wescott Garden Lots Located in Part of N 1/2 of Section 14,
West of Trails End.Road
C. ''Conditional !'Use Permit '(Magnum -Towing - Kevin Mellon) for Out -
..side Storage on Lot 3, Block 1, Halley's 1st Addition in Part of
SE* 1/4 of Section 36, East of Dodd Road and West of Biscayne
Avenue
S. ADDITIONAL ITEMS
p.59 A. Designation of Fund Balance for 1985 Budget Carry -Over
f.&0 B. Review of Park Shelter Plan .-
p.Co/ C. Contract 85-26, Receive Bids/Award Contract (Wells #8 & #9)
SI. _VISITOBS.'TO BE BEARD (for Bose'persons';nvk-on-,the, agenda)
SII. _9DJOUENMENT
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: DECEMBER 13, 1985
SUBJECT: AGENDA INFORMATION
After approval is given to the December 17, 1985, agenda and minutes
of the December 3, 1985, regular City Council meeting, the following
items are in order for consideration.
PEOPLES,NATURAL.GAS>.COMPANY:
PEOPLES NATURAL GAS COMPANY
_Recently,_=Peoples.Natural Gas .Company was acquired by another com-
pany. Since the City of Eagan has, in effect, a 25 -year franchise
agreement with Peoples Natural Gas Company in ordinance form, it
is appropriate that Peoples Natural Gas Company formally announce
their change of ownership to the City Council. Mr. Roger Lee,
.:the .local ..manager _for- Peoples ;=Natural Gas, and .their. _district
manager,'Jerry Lovell, will be present to discuss the sale of the
company and answer any questions.- Attacbed on page o2 is a copy
of Mr. Lee's letter requesting time on the City Council agenda.
•
Peoples
Natural Gas
'Company
3958 Sibley Memorial Highway
Eagan, Minnesota 55122
Phone: (612) 454-6080
November 5, 1985
Mr. Thomas L. Hedges
• City Administrator
City of Eagan
3830 Pilot Knob Road
Eagan,..MN __55]22
-Dear Tom:
This is to confirm our telephone conversation as of
today, requesting an assigned time of 6:30 P.M. on
Tuesday, December 17, 1985 council agenda.
District Manager, Jerry Lovell, and I will attend. We
will discuss the sale of our company and answer questions.
Sincerely,
Roger H. Lee
::,:CocalManager
RHL:dlo
M
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Agenda Information
December 17, 1985,
Page Two
Memo
City Council Meeting
DAKOTA COUNTY TAX ASSESSOR'S OFFICE
Tax Abatement/Dakota County Tax Assessor's Office --A request for
a real estate abatement was presented for review by the City Council
for property described as #10-00300-040-75 under the ownership
of Mary Post. The description offered by the County Assessor's
office is as follows. "This is a narrow strip, approximately 6' X
230' and was overvalued at she time the division was completed.
The estimated market value should be reduced from $1000 to $100.
-.__T ..assessed .=value . should --he reduced -from-$400 to $40." For a
copy of the location map descr bing the real estate in question
for an abatement, refer to pages ,.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the real
-estate ..abatement_=as recommended-.z.by::,-the_-Da:.ota .jCounty Assessor's
office for the Mary Post property.
MARY POST
*10-00300-040-75
SUBJECT PARCEL
311.02 '••� �, 33
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131.72/
AZ=89'D21'28'f`
POSSIBLE 0%WRLAF
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/DFSCRIPTOWNERSHIP PER TA%ION o
E
ABATEMENTS --
Real Estate: Approved
Mary Post
#10-00300-040-75
Eagan, City of
December 17, 1985'
This is a narrow strip, approximately 6'
by 230' and was over -valued at time of
the division was completed. The estimated
market value should be reduced from $1,000
to $100. The assessed value should be
reduced from $400 to $40.
u
•
Agenda Information
December 17, 1985,
Page Three
A. FIRE DEPARTMENT
Memo
City Council Meeting
FIRE DEPARTMENT
There are no items to .be considered for the Fire Department at
this time.
POLICE DEPARTMENT
B_ _POLICE DEPARTMENT
There are no items to be considered for the Police Department at
• this .time.
PARKS & RECREATION DEPARTMENT
C. PARKS & RECREATION DEPARTMENT
Item 1. 1986 Cash Dedication Fee for Apartment Units --The Advisory
Parks and Recreation Commission is reco:m-nending that the 1986 cash
dedication fee for apartment units be raised from $278 to $300
per unit. All parks dedication fees were examined by the Commission
at their last regular meeting held on December 5, 1985. The Commis-
sion is not recommending any changes for the single-family or multi-
family units in 1986. Please refer to a copy of a memorandum sub-
mitted by the Director of Parks & Recreation providing background
and %ththe recomm ndation.for the park dedication fees_ found on pages
rough_
•-ACTION'TO BE CONSIIIERED ON THIS ITEM: To approve or -deny -an -increase
in the park dedication.fees for apartment units from $278 to $300
_ _.__per..unit.
MWO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
TOM HEDGES, CITY ADMINISTRATOR
FROM: REN VRAA, DIRECTOR OF PARRS & RECREATION
DATE: DECEMBER 11, 1985
RE: ADVISORY PARKS & RECREATION COMMISSION
1986 PARKS DEDICATION FEES
BACKGROUND
On an annual basis, the Advisory Commission reviews the parks dedication fee
formula for revisions to insure that the formula and fee schedule is current
with todays economic conditions. This has been an annual process of the
-Advisory Commission dating back to approximately 1982.
COMMISSION'S DISCUSSION
• At the November meeting, the Commission first reviewed the data collected by
the.staff-concerning 1.986_fees.-._A.number-of _questions were raised and in
particular, the -'Commission focusedonwhat-was believed to be too low a fee
-f or- apartment, units. There was additional discussion concerning the City's
formula which is used to set the fees and what other communities are using for
formulas to compute their cash dedication fees.
The Advisory Commission then asked staff to report back at the December
meeting of the Commission what other communities were using for fee formulas,
a possible sliding schedule for land dedication based on densities, etc.
At the December meeting, staff reported that the cities of Maple Grove and
Eden Prairie were also considering_- review and changes_'to.their.:parks
dedication formula/City ordinance -along -with -Eagan. The Directors of these
communities are to meet -for full review -of this issue with.a possible outcome
-Cf -.a.-parks: 'dedicatinn-nrdinance-:and:: fee -formula which:- any :be:more-consistent
between the communities in terms of wording. Formulas would still allow
flexibility based on local economics, the status of the parks system, and
:other. significant differences which,may,impact-a-- parks -dedication _-formula. _It
was reported that such a review may not. be completed until the second quarter
of 1986 or"possibly longer.
The Advisory Commission then discussed its alternatives for the 1986 cash
dedication requirements in order to makes its recommendation to the City
Council.
RECOMMENDATIONS TO THE CITY COUNCIL
.It was the recommendation of the Advisory Parks & Recreation Commission to the
City Council that 1986 cash dedication fees remain at $440 per single family
.-unit, $365 per multiple family unit -and apartment... units_be_raised.from $278 to
$300 -per unit. The.. Commission: reasoned that the -increase in this particular
classification is based on the- ratio of population and density in apartment
units versus single family residential development. It was also noted that
_tbe_City of -Eagan!s_apartment.fee was notably less than area communities -in
comparison -to: -the single-family fees.
-''Further, the Commission will continue its review of the parks dedication fee
formulas immediately after the staff report expected midyear 1986. Additional
recommendation to the City Council may be forthcoming after review and
discussion by the Commission of the staff report.
Respectfully submitted on Behalf of the
Advisory Parks & Recreation Commission,
.
Director of Parks & Recreation
RV/js
I
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Agenda Information Memo
December 17, 1985, City Council Meeting
Page Four
PUBLIC WORKS DEPARTMENT
D. PUBLIC WORKS DEPARTMENT
1. Stop Sign - Covington Lane at Flora Drive -- At the June
4 Council meeting, the Council authorized the installation of
a stop sign on Covington Lane at the intersection with Flora
Drive for a six-month time period to evaluate the effect of
that installation through subsequent periodic surveys by the
Police Department pertaining to observed speeds and stop sign
violations. On June 15, the Police Department performed a stop
" sign-'oompliance--study --for: a -half-hour -during which time 16 cars
were observed. One car totally violated the stop sign and was
• given a warning ticket. Four cars performed rolling stops through
the stop sign, with the remainder fully complying with the stop
sign. No speed limit surveys were performed, but a personal
contact -by :'.the -:police: Department -with a:; eneighbor-indicated that
the stop sign has helped .reduce the incidence of speeding.
After 'the installation of the' -stop -sign, neither the Police
Department or the Engineering Division has received any further
complaints pertaining to speeds or stop sign violations.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve/deny the permanent
installation of a stop sign on Covington Lane at the intersection
with Flora Drive.
•
Agenda Information
December 17, 1985,
Page Five
Memo
City Council Meeting
There are thirteen (13) 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_ is a list of contrac-
tors who -are-•renewing -or who have been. -selected and retained as
the builder by a customer either living in or planning to reside
in Eagan. These contractors have references from other municipal-
ities or their client permit applications are awaiting City Council
approval for a contractor license.
ACTION TO BE CONSIDERED ON THIS 27EM: To approve the list of con-
tractors' licenses as presented.
•
n
U
•7«• I: 71'
• •' Y71
1. BRUTGER CCMPANIES
2. DA= CONSTRUCTION CO.
3. F-& N GENERAL CONTRAcioRS, INC.
4. HARVEY HC4ES, INC.
5. LECY CONSTRUCTION, INC.
.6. OSTMAN CONSTRUCTION
7. PATIO ENCLOSURES, INC.
8. RMC DEVELOPMENT CORP.
9. NETWORK DEVELOPMENT, INC.
10. TCM CONSTRUCTION, INC.
11. 3M
12:-TfC:=M*-ICS'- FIS BUILDERS; -MU.
• TE'a'ING & VENTILATING
1:
:ALLAN -BEATING -& ATR- ci a=cNING
.2. BEAMISH HEATING & AIR CONDITIONING
3. H. CONRAD MFG. COMPANY
4. J&J HEATING & SHEET METAL, INC.
5. RON'S MECHANICAL, INC.
6. SOUTHSIDE HEATING &.AIR CCNDITIONING
7. TiIERMEX CORPORATION
8. STRIETZ HEATING & COOLING
P • IY MD 171 •
1. HEAT-N-GLO FIREPLACE
1. MINNETONKA POOLS, INC.
r•v Y-17 1 • � •71 1 ,.
.••1 X17\ UI 71•
' 71 71• • 7'.• I• 1
•
• •;� 1]171' • • I71C 1.
P • IY MD 171 •
1. HEAT-N-GLO FIREPLACE
1. MINNETONKA POOLS, INC.
Agenda Information
December 17, 1985,
Page Six
B. PERSONNEL ITEMS
Memo
City Council Meeting
PERSONNEL ITEMS
There are four (4) items to be addressed under Personnel Items.
1. Clerk -Typist (Administration) --Due to reorganization in the
Engineering/Planning Departments, one, part-time clerk typist posi-
tion has been eliminated. Considering that there is an opening
for a part-time clerk typist in the typing pool (Administration)
due to the promotion of Deanna Rivi from clerk typist to assessment
clerk,._it..is recommended that the vacant position be filled by
transferring the clerk typist from Engineering/Planning to Admini-
stration. Jane Helebrant is the employee who would be transferred.
• Ms. Helebrant is still on probation in the Engineering/Planning
Department. She would again begin a 12 -month probationary period
In :he -r ..new ..position as -.outlined . in the _union . contract _and -personnel
Policy. She, however, would keep 'seniority and other benefits
earned to date from her previous position.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the appointment
of Jane Helebrant as a part-time (6 hours daily) clerk typist in
the typing pool in Administration to be effective January 1, 1986,
at her present rate of pay.
2. Resignation (Utility Maintenance Worker) --On December 4, 1985,
Wilson "Bob" Marker, an employee in the Utility --Department, submit-
ted his resignation to be effective immediately -
3== . TO . BE- LONSIDERED .. DN...THIS .STEM: .To _ accept =the _resignation
` -of 'Wilson 'Bob" - Marker --and --to -authorize—the -advertisement --fnr
Utility Maintenance Worker at the rate of pay currently recognized
._ _.by the.collective bargaining agreement.
3. Police .Officer --Chief of -Police Berthe is recommending the
promotion of David Ringberg :to Police Officer effective -January
6, 1986, as authorized in the 1985 budget. For additional informa-
tion on Chief Berthe's recommendation, please refer to the attached
memo found on page
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the designation
of David Ringberg as Police Officer effective January 6, 1986._
ia-
police department
or
3830 Pilot Knob Road
Eagan, Minnesota 55122
9 December 1985
TO: Thomas L. Hedges, City Administrator
FROM: Chief of Police
SUBJECT: PROMOTION OF CADET TO POLICE OFFICER
JAY M. aE RiNE
U, ftb
PATRECK J. GEAGAN
a inin... foam
KENNETH D. ASZMANN
agmen, wum
I would like to recommend David Ringberg for the position of
•police officer effective January 6, 1986 as authorized in our
1986 budget.
David has'"been a 'Community 'Service, -Officer with -this depart-
ment, -and -promoting -through this .-program.. has-been extremely
beneficial to the police department in the past. The C.S.O.'s
we hire have completed their educational and skills require-
ments and are waiting hiring as police officers in order to
activate their P.O.S.T. license. Each time we have advertised
the C.S.O. position, we have interviewed ten to twenty appli-
cants. The top three applicants are screened extensively by
means of backgrounds checks, etc. During the time they are
C.S.O.'s, we have the opportunity to view them with the
possibility of them becoming police officers for our depart-
ment. Some of our C.S.O.'s have not worked out and we have
terminated them. However, the majority .have done well and we
have promoted-
-them -Dave Ringberg will be an asset to the department and the City
.._of -Eagan. _.Therefore, __S -would like --approval _to hire .him _ as .a
police officer effective January 6, 1986.
I would also like your approval to hire Allan Haugstad as the
new C.S.O. to replace Dave Ringberg. Allan is currently in-
volved in a law enforcement curriculum per the P.O.S.T. Board
requirements. we have completed all of the aforementioned
background checks on him.
Thank you.
Ja` M. Berthe
JMB/vk
cc: Captains Geagan & Aszmann
/3
THE LONE OAK TREE. - .THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Seven
4. Internal Revenue Regulations Regarding Fringe Benefits --The
Internal Revenue Service has adopted regulations that require that
the full value of non-cash, fringe benefits be included in an
employees' gross income and, therefore, several resolutions per-
taining to the use of City vehicles by City employees must be con-
sidered and adopted by the City Council. The resolutions are as
follows: a) resolution to treat the taxable value of City vehicles
as being paid in the last pay period of December, b) resolution
to not withhold income tax from the taxable value of City -provided
vehicles, c) resolution electing October 31 special accounting
period for valuation of automobile use, d) resolution prohibiting
....personal :use of designated City vehicles, e) resolution requiring
certain employees to use City vehicles for commuting purposes.
• These regulations are new, as of 1985, and must be enforced by
the City of Eagan to assure proper compliance. Copies of the reso-
.lutions are enclosed _on .pages /s through Z9 -for-your _review.
The provisions set forth in each resolutions have been reviewed
with each department head who is affected by these regulations.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve the five (5) reso-
lutions pertaining to IRS regulations requiring full value of non-
cash, fringe benefits, prohibition of personal use of designated
City vehicles and the requirement for certain employees to use
vehicles for commuting purposes.
•
Ca1)
RESOLUTION TO TREAT THE
TAXABLE VALUE OF CITY
VEHICLES AS BEING PAID IN THE
LAST PAY PERIOD OF DECEMBER
WHEREAS, the Internal Revenue Service regulations require
that the full value of non-cash fringe benefits be included in
gross income; and,
WHEREAS, a determination has been made that FICA contributions
must be withheld for such value in a pay period within the calendar
year; and,
WHEREAS, certain of the affected employees would be beyond the
_FICA contribution limit -.for the year, and
WHEREAS, the amount to be withheld for FICA would not be
• unreasonable:for a single paycheck.
-NOW,-THEREFORE, BE IT RESOLVED that the City of Eagan will
treat the taxable -portion of the employ.er.provided automobiles as
being paid with the last pay period prior to December 31 of each
year,
•
Motion By:
-Seconded By:
Members in Favor.-
Members
avorsMembers Opposed: _:ZITY:COUNCIL
CITY OF EAGAN
Date:
Attest:
City Clerk
/s
By:
Mayor
(6)
RESOLUTION TO NOT
WITHHOLD INCOME TAS
FROM THE TAXABLE VALUE
OF CITY -PROVIDED VEHICLES
WHEREAS, the Internal Revenue Service regulations require that
the full value of non-cash fringe benefits be included in an
employee's gross income; and,
WHEREAS, the election to not withhold income taxes is an
acceptable alternative under the current regulations, if it is
noticed to the employees by January 1 of each year.
...NOW, -..THEREFORE,. BE 1T -RESOLVED that the City of Eagan elects
not to withhold income tax on the taxable portion of employer
provided vehicles and staff is directed to notify affected employees
• ofthis election by January 1 of each year.
Motion By-
-Seconded By:
Members-in:Favor:
• Members Opposed: CITY COUNCIL
'Date:
Attest:
City Clerk
16
By:
Mayor
CA
RESOLUTION ELECTING OCTOBER 31
SPECIAL ACCOUNTING PERIOD FOR VALUATION OF
AUTOMOBILE USE
WHEREAS, the Internal Revenue Service regulations require that
the full value of non-cash fringe benefits be included in an
employee's gross income; and,
WHEREAS, the City of Eagan has adopted resolutions that will
require the accounting for such valuation during December of each
year; and,
WHEREAS, it is in the best interest of the City of Eagan and
its employees that such accounting be accurately based on actual
use; and,
WHEREAS, the Internal Revenue Service recognizes a.special
• accounting period ending October 31 of each year to allow for
accurate accounting.
.NOW,_.THEREFORE,_BE.-IT -RESOLVED that .the "City of. -Eagan elects to
use the special accounting period ending October -31 of each year
only for purposes of valuing non-cash fringe benefits for automobile
use.
,_:.Motion By:
• Seconded By:
Members in Favor:
Members...Opposeds _CITY COUNCIL
CITY OF-EAGAN
Date:
Attest: By:
City Clerk Mayor
17
(bi
RESOLUTION PROHIBITING PERSONAL USE
OF DESIGNATED CITY VEHICLES
WHEREAS, certain employees have need of City vehicles for the
conduct of their duties; and,
WHEREAS, such needs do not extend to a need to commute to and
or from work in such vehicle; and,
WHEREAS, the City has reason to believe that such employees
have used and will continue to use such vehicles for business use
and de minimus personal use only.
NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan
prohibits• -the -above mentioned --from all but business and de minimus
personal use of appropriately designated City vehicles to facilitate
the conduct of their regular duties. •
Motion By:
.Seconded_ By.:
Members in Favor:
Members Opposed:
Date:
Attest:
City Clerk
CITY COUNCIL •
CITY-OF-EAGAN
By=
Mayor
Ce-)
RESOLUTION REQUIRING
CERTAIN EMPLOYEES TO USE CITY
VEHICLES FOR COMMUTING PURPOSES
WHEREAS, certain employees - namely the Director of Public
Works, Director of Parks and Recreation, Superintendent of Public
Works, Superintendent of Streets, and Water Plant Foreman - have
needs within the scope of their duties which are best met through
the availability of a City vehicle; and,
WHEREAS, the City has required in the past that such employees
use City vehicles for commuting and de minimus personal use; and,
WHEREAS, the City has reason to believe that such employees
have used and will continue to use such vehicles for commuting and
.de minimususe only.
• NOW, THEREFORE, BE IT RESOLVED that the City of Eagan requires
the. above mentioned employees to use appropriately designated City
-vehicles -for _commuting.and de.minimus.use .in addition to business
_use to -facilitate the conduct of their regular duties.
-Motion By:
• `Seconded By:
Members in Favor:
-Members_Opposed:
_Date:
Attest:
City Clerk
/9
_CITY_COUNCIL
CITY OF FAGAN
By:
Mayor
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Eight
VALLEY SANITATION/RUBBISH LICENSE
C. Valley Sanitation for Rubbish License --A new license appli-
cation was received from Timothy Plan for a rubbish hauler's
license during calendar year 1986. Mr. Plan is currently licensed
in Apple Valley and Rosemount and according to the application
has never been denied a license from any other community. His
residency is 15296 Dresden Trail in Apple Valley and the business
name for his rubbish hauling is Valley Sanitation. All information
pertaining to the application has been received by the City Clerk's
office and has been found to be in order for consideration.
ACTION TO BE CONSIDERED ON THIS ITEM_ To approve the rubbish
• license for Valley Sanitation.
FINAL PAYMENT/ACCEPTANCE, COACHMAN/SILVER BELL RDS
D. Contract 84-10, Final Payment/Acceptance (Coachman/Silver
Bell Roads - Streets) -- We have received a request for final
payment and acceptance from the contractor for improvements
installed under the above -referenced City contract. All final
inspections _have been performed by. representatives of the Public
Works Department and final payment .quantities are in conformance
with the estimate =used _.for :the -final assessment .hearing held
_ -MM .Septembar._17_
• ACTION TO BE CONSIDERED ON THIS ITEM: To approve the 9th and
final pay request for Contract 84-10 -(-Coachman/Silver -Bell Roads)
--in the-amount-.of.$30,.838_89-t0:$ituminOus Roadways, -Inc_
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Nine
CONTRACT 85-14 FOR FINAL PAYMENT
E. Contract 85-14, Final Payment/Acceptance, Spring Park Construc-
tion --The final payment for City Contract 85-14 for the Park
Construction that was performed this past spring by Central Land-
scaping, Inc., in the amount of $26,660.88 is in order for consider-
ation. The original contract amount was $476,837.05 and with
the addition of change orders in the amount of $19,192.12, the
revised contract amount for landscaping was $496,29.17. The
actual amount of the contract was lower than the -original contract
amount which is the result of lower unit quantitites than originally
-anticipated- The actual ..amount of ... this. _.City.- Contract was
$455,956.21.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the work associated ,
with City Contract 85-14 and make final payment to Central Land-
scaping, snc-, in -the amount.of $26,660_8B.
CONTRACT 85-04 FOR FINAL PAYMENT
F. Contract 85-04, Final Payment/Acceptance, Rahn Park Grading --The
consulting engineering firm of Bonestroo, Rosene, Anderlik and
Associates, is recommending the sixth and final payment of
$21,377.29 for City Contract 64-04. This contract involves the
grading for Rahn Park which was performed by Enebek Construction
Company. The original contract amount is $146,659. There was
an overrun or, .$9,93.1.43 which is ._the -result --of .._additional top
soil -material Sae to the shortage of suitable site material
"'Therefore;-the:t.Dtal-cost -of ._the -pro ject is'$156,590.43.
ACTION TO BE CONSIDERED ON THIS ITEM: To accept the work as com-
_-pleted .for .City _.CDn' act 84-04 and make _final __payment to .-Enebek
Construction in theamountof $21,377.29.
ai
•
I 1
LJ
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Ten
FEASIBILITY REPORT/PUBLIC HEARING/WINDTREE 5TH & 6TH ADDN
G. Project 462, Receive Feasibility Report/Order Public Hearing
(Windtree 5th & 6th Additions - Streets & Utilities) -- In response
to a petition received by the developers of the above -referenced
subdivisions, Council authorized the preparation of a feasibility
report for the installation of public improvements. This report
has now been completed and is being presented to the Council
for their review in consideration of scheduling the public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: Receive the feasibility
--report :_for_ Project -462 -(Windtree. 5th and 6th, Additions - streets
and utilities) and order the public hearing to be held January
21, 1986.
FEASIBILITY REPORT/PUBLIC HEARING/WYNDHAM CORP CTR
H. Project 464, Receive Feasibility -Report/Order Public Hearing
(Wyndham Corporate Center - Streets & Utilities) -- In -response
-to a petition received from the developers of the above -referenced
__subdivision,- Council. authorized _the. preparation .of .-a .feasi-hility.
-report which -has now -been - completed and -`is -being presented -to
the Council for their information and consideration of scheduling
a.public hearing.
ACTION TO . BE CONSIDERED ON THIS ITEM: To receive the .feasibility
report for Project 464, (Wyndham Corporate Center - Streets
and Utilities) and schedule the public hearing to be held January
21, 1985.
Agenda Information
December 17, 1985,
Page Eleven
Memo
City Council Meeting
VACATE UTILITY EASEMENTS/PETITION/PUBLIC HEARING/EAGANDALE OFFICE PK
I. Vacate Utility Easements, Receive Petition/Order Public
Hearing (Eagandale Office Park) -- As a part of the approved
preliminary plat for the Eagandale Office Park 3rd Addition,
it involved replatting certain lots of the 1st Addition which
results in a need to vacate the previously dedicated common
lot line drainage and utility easements. Subsequently, we have
received a petition from the developers requested the City to
vacate these previously dedicated common lot line drainage and
utility easements.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the petition
to vacate utility easements (Eagandale Office Park) and schedule
the public hearing to be held January 7, 1986. •
•
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twelve
APPROVE CHANGE ORDER #1/TOWN CENTRE 70 & 100 ADDNS.
J. Contract 85-8, Approve Change Order #1 (Town Centre 70
& 100 Additions) -- Contract 85-8 provided for the installation
of streets within the Town Centre 70 and 100 Additions. As
a result of subsequent developments and construction activities,
the change order to the contract is necessary to complete this
public improvement. This change order is identified as follows:
Part A
" Due -to"---frequent and significant periods of rainfall between
the preparation of the subgrade and the installation of the
• bituminous surface, portions of the subgrade became unstable
due to high moisture contents. Due to restricted time frames
associated with the required completion date, the only effective
way to correct -the-' resultant..soft._subgrade-..was.-through removal
and replacement which was ,beyond the scope of.the original contract.
(Add $37,519.58.)
Part B
With the final development plans changing from the initial concep-
tual development for the Town Centre 70 shopping center complex,
certain utility services had to be changed and relocated to
provide proper sewer and water service. (Add $8,316.64.)
Part C
_:At .the ::request =af _the -development .-of,-the.._Forest _Ridge ._subdivd_son,
• a previously proposed' 2" water service was' increased to -a V
water main lead to provide better water supply to that development_
(Add $2,813_68_)
.All .costs associated' --with all - three_ -.parts of this change order
will be assessed in total to the benefitted property owners
under Project 429.
ACTION TO BE CONSIDERED ON THIS ITEM: Approve Change Order
#1 to Contract 85-8 (Town Centre 70 & 100 Additions - Streets)
and authorize the Mayor and City Clerk to execute all related
documents.
ON
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Thirteen
FINAL PLAT/WESTBROOK 1ST ADDN.
K. Approve Final Plat, Westbrook 1st Addition (Tom Westbrook)
-- We have received an application for final plat approval for
the. Westbrook 1st Addition, a copy of which is enclosed on page
,:2 (p . All conditions placed on the preliminary plat approval
by Council on September 3, 1985, have been complied with in
addition to all other final plat application requirements, which
have been reviewed by staff and found to be in order for favorable
Council action.
"ACTION' TO: BE CONSIDERED ON .THIS .ITEM: ..To approve the final
plat for the Westbrook 1st Addition and authorize the Mayor
and City Clerk to execute all related documents. •
•
a'
5
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2VEYORS INC.
1131
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2VEYORS INC.
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Fourteen
FINAL PAYMENT/ACCEPTANCE/LEXINGTON PLACE SOUTH
L. Contract 85-12, Final Payment/Acceptance (Lexington Place
South - Streets) -- We have received a request for final payment
from our consulting engineering firm along with a certification
of compliance to City approved plans and specifications for
the installation of streets in the Lexington Place South Addition.
All final inspections have been performed by representatives
of the Public Works Department and the final product is found
to be acceptable for perpetual maintenance.
:ACTION 'TO -$E -CONSIDERED- ON THIS ITEM: To approve the 3rd and
final payment for Contract 85-12 (Lexington Place South - streets)
• in the amount of $15,807.55 to Valley Paving, Inc., and accept
for -perpetual maintenance.
•
a�
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Fifteen
FINAL PLAT/RAHN RIDGE ADDITION
M. Approve Final Plat, Rahn Ridge Addition (Rahn Ridge Associates)
-- We have received an application for final plat approval for
the Rahn Ridge Addition located south of Cliff Road and west
of I -35E as shown by the map enclosed on page Ac. All conditions
to the preliminary plat approved by Council action on September
3 have been complied with in addition to all final plat application
materials being submitted, reviewed by staff and found to be
in order for favorable Council action.
-A=OLQ '-TO BE "'CONSIDERED - ON THIS 'ITEM: To approbe the final
plat for the Rahn Ridge Addition and authorize the Mayor and
City Clerk to execute all related documents. •
•
`4
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T
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.• N YNR/
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Agenda Information Memo
December 17, 1985, City Council Meeting
Page Sixteen
CONSIDERATION OF FEDERAL REVENUE SHARING FUNDS
A. Public Hearing for Consideration of Federal Revenue Sharing
Funds -- A budget hearing is required under the general revenue
sharing law provisions for all municipalities receiving entitlement
funds. This hearing must be held before an operating budget is
enacted for the ensuing year. The purpose of the budget hearing is
to determine how the federal revenue sharing monies are to be used
by the local municipality. As a part of both special and regular
'City -Council=--meetings -held during the past several months it has
been proposed that dollars available in the federal revenue sharing
fund during 1986 be allocated to the Public Works garage facility
addition that is proposed during calendar year 1986. The balance
available according to the Director of Finance in 1986 is
$624,304.00. This assumes:an'.:allctment,of.-approximately $111,000_00
for the three (3) quarters available during calendar 1986.
ACTION TO BE CONSIDERED ON THIS ITEM: To close -the public hearing
for consideration of federal revenue sharing funds during 1986 and
to approve or deny the designation of such funds for the municipal
Public works garage facility expansion project.
30
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Seventeen
PUBLIC HEARING/PROJECT 423/GROUP W ADDN
B. Proj. 423 (Group W Addition - Streets) -- On November 20, 1984,
the first public hearing was held to discuss the installation
of streets necessary to service the proposed Group W Cable Addition.
As a result of the comments received at that public hearing,
the Council directed staff to prepare an alternate to the proposed
improvement based on various phases of curb and gutter installation
with related street surfacing. Subsequently, an alternate to
the original report was prepared and discussed at the public
hearing held on July 2, 1985. At that time, the Council closed
the -tearing-- and --ordered the installation of .the improvement
and detailed plans and specifications. Upon review of the solicited
bids at the September 17 meeting, it was determined that the •
anticipated cost of the street construction exceeded the estimate
contained in the feasibility report by approximately 318. In
accordance with City policies `.where bids exceed estimates .by
more than 15%, the staff attempted to contact all property owners
to see if there were any objections _.to proceeding with awarding
the contract or holding a new public hearing.
In the staff's attempt to contact all potentially affected property
owners, it was discovered that there was an error in the original
public hearing notification process through the improper identifica-
tion of benefitted parcels and property owners of record.
Subsequently, at the November 6 Council meeting, the Council
received a revised feasibility _report and scheduled the public -
hearing to be held December 17_ The alternate to this feasibility
report -was irevised ..to .. incorporate more -accurate ..cost estimates
based on final design standards and bids received. Copies of
this revised feasibility report will be forwarded to the Council •
as .a part of the Administrative packet for their. -review and
"information during this public -hearing.
All notifications were .published in the legal newspaper and
sent to all current property owners of record informing them
of this new public hearing process. The Director of Public
Works and consulting engineer will be available to discuss this
project in further detail at the public hearing.
ACTION TO BE CONSIDERED ON THIS ITEM: To close the public hearing
and approve/deny Project 423R - Alternate (Group W Addition
- Streets) and, if approved, award that portion of Contract
85-23 to McNamara Vivant Contracting, Inc., the low bidder.
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Eighteen
VACATION/DRAINAGE & UTILITY EASEMENTS (TOWN CENTRE 70 ADDN)
C. Vacation of Drainage and Utility Easements (Town Centre
70 Addition) -- With the proposed replat of a portion of the.
Town Centre 70 Addition into the 2nd Addition, certain common
lot line drainage and utility easements have to be vacated to
accomodate the proposed new lot lines in the 2nd Addition.
Enclosed on page �; 2) is a map showing the location of the
drainage and utility easements proposed to be vacated. All
notices have been published in the legal newspaper and sent
to all potentially affected utility companies. As of this date,
..:the staff has not•:received_any.objections to this proposed vacation.
• ACTION TO BE CONSIDERED ON THIS ITEM: Close the public hearing
and approve the vacation of the common lot line drainage and
utility easements between Lot 1, Block 1, in Outlot D of Town
Centre -70 .1st.. Addition and.. authorize-...the..Mayor .and ..City -Clerk
to execute all related documents.
•
30---
TOWN CENTRE 70 FIRST ADDITION
- N
•I_:al:��
J1
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1✓ i°YT.°T . e 6
n.vva 2' eJ. Ie 1
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A.•e Y ••,,'Y•1 P �• rw :Tr 'derv['
LOTTPWN CBNTBq 70 ADDITION
a I " .II /',a1 I !• _ pegaI Description for
•"\.'oy �'r/ I 1`0C" I I easement pelDg Vpcated
_ 1 1
• .�•• _„ - � ... - I _ ...-__ - A 10 foot dfatpage an4 utility easement centered
M
1 w .a
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1•S `WI 9
a.MNaa 6/
1 r,,y:rwr:• � I�
I
NWVa
over the southwesterly line of lot 1, Block 1, Town
Centre 70 First Addition between the 15 foot drainage
and utility easelpent abuttipg the south right-of-way
of Town Center Drive and the 5 foot drainage sod utility
easement abutting the south 1$ne of said Lot 1.
�Mli"w.�\I♦nlr INNS N.+1\Y .1.\ �r.
4�
".....r...aw .... s...." nsnrrT r.
.ww varve Me•P. e.1.11r..•n
r •t' .1 10e.xAn "WD wavey'"
.ser a er a ullq
a
I1;5 -:II
1 w .a
OVrNT
1•S `WI 9
a.MNaa 6/
1 r,,y:rwr:• � I�
I
NWVa
over the southwesterly line of lot 1, Block 1, Town
Centre 70 First Addition between the 15 foot drainage
and utility easelpent abuttipg the south right-of-way
of Town Center Drive and the 5 foot drainage sod utility
easement abutting the south 1$ne of said Lot 1.
�Mli"w.�\I♦nlr INNS N.+1\Y .1.\ �r.
4�
".....r...aw .... s...." nsnrrT r.
.ww varve Me•P. e.1.11r..•n
r •t' .1 10e.xAn "WD wavey'"
.ser a er a ullq
a
•
•
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Nineteen
MRTROPOLITAN COUNCIL UPDATE
A. Metropolitan Council Update: Met Council Representative
Mary Martin -- Mary Martin is planning to appear to provide
a brief update on various matters that are under review and
discussion by the Met Council. Please refer to a letter submitted
by Metropolitan Council Representative Martin found on page
a
-Tbere is no specific actiln-required on this item.
3
MARY S. MARTIN
ATTORNEY AT LAW
1102 GRAND AVENGE
ET. PAUL. MiNNEEOTA 551O3
Tmm .o. 012 - 2243070
December 6, 1985
Mr. Tom Hedges, Administrator
City of Eagan
3838 Pilot Knob Road
Eagan, MN 55112
'-RE: -December 17'. '19133'Courncil -Meeting
• Dear Tom:
Thisisto confirm that I would be pleased to appear before
the -Council -on December 17 at 7:30 p.m. (or shortly
thereafter) to provide an update -.on Metro -Council activities.
Mayor Blom uist thought a short discussion of barge fleeting
would be ointerest. Please let me know if there are any
other specific areas that you'd like to discuss.
I'd also like to give you my new addresses. My new home
address is:
2411 Francis Street
So. St. Paul, MN 55075
`:`-Effective--January-1,-my office7Will; be..removed=to:
1551 Livingston Avenue Suite 192
W. St. Paul, MN -55118
Anew phone number is.not-yet.assigned.
I look forward to seeing you and the Council on the 17th.
Sincerely,
Mary Ma tin
Metrop.l' an Council
MKM/av
3s
•
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twenty
GROUP W CABLE UPDATE
B. Group W Cable Update: Jim Commers Manager - Group W -- Mr. Jim
Commers, who is manager of the Group W Cable System for the cities
of Burnsville and Eagan, along with Ralph Campbell, a Burns-
ville/Eagan Cable Commission Administrator, will be present to
provide a cable update and answer any questions the City Council
might have regarding the new system. Examples of questions might be
rate of subscribership and date for completion of the system.
-There is no -act on-requi-red on this item.
WESCOTT BILLS FOURTH ADDITION/MULTIFAMILY HOUSING REVENUE BONDS
C. Final Resolution for $1,880,000 in Multifamily Housing Revenue
Bonds for Wescott Hills Fourth Addition -- The City's program
administrator, Miller a Schroeder Financial Inc., are recommending
that the final resolution for Wescott Hills Fourth Addition/Multi-
.family Flossing Revenue Bonds in the amount of $1,880,000 be .placed
on the December 17, 1985, agenda for consideration. All documents
have been prepared by Bond .Counsel, Miller a Schroeder .and
concurrently under. -review by '-the City Administrator; Directvr- of
Finance anel._City-Attorney_
• -ACTION -TO '70E "CONSIDERED -DN
resolution allowing for the
-Housing... Revenue Bonds. -relating
-THIS—ITEM: -To approve the --final
sale of $1,880,000 of Multifamily
to.:Wesaott.liills Fourth -:Addition_
3(D
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twenty -One
MULTIFAMILY HOUSING REVENUE BONDS THOMAS LAKE PLACE
D. Final Resolution for $10,000,000 in Multifamily Housing Revenue
Bonds for Thomas Lake Place -- The City's program administrator,
Miller & Schroeder Financial Inc., are recommending that the final
resolution for Thomas Lake Place/Multifamily Housing Revenue Bonds
in -the amount of $10,000,000 be placed on the December 17, 1985,
agenda for consideration. All documents have been prepared by Bond
"Counsel, -Miller -9 -Schroeder and concerrently under review by the
City Administrator, Director of Finance and City Attorney.
ACTION TO BE CONSIDERED ON THIS ITEM= To approve the final •
resolution allowing for the sale of $10,000,000 of Multifamily
Housing Revenue Bonds relating -to Thomas Lake.Place_
•
3-7
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twenty-two
1986 BUDGET
E. Adoption of 1986 Budget --The 1986 budget was prepared as a
result of budget proposals submitted by all department heads, an
extensive review and coordination by the City Administrator and
Director of Finance and -.development by the City Council. The City
Council held several work sessions ranging in time from August 27
until November 21. A public hearing was held on September 17, 1985,
to consider the proposed general fund budget.- The -total budget for
1986 is $6,200,000 for the general fund and the grand total revenues
for---the!=.public: _utilities --fund is _ estimated --at >$3,908,930_ The
utility fund revenues include both operating and nonoperating
• revenues which compare closely to the total operating and non-
operating expenses including depreciation. There are several other
factors related in the development and adoption of a budget. The
debt -service - funds .:totaling _ _approximately _:$8,000,000, - general
revenue sharing funds totaling $624,304 and the park site acquisi-
tion and development fund which includes cash donations received for
new develo""yyoments throughout the City. Enclosed on pages 3 9
through yp for informative purposes are copies of the general
fund revenues and expenditures summary sheets..
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the 1986
operating budget for the general fund, public utility funds and
other funds as compiled.
**If any member of the City Council -would like copies of any of the
worksheets that were used and distributed during -the development of
the .1986.budget _please _fee1_free. to contact. this office�at any time
40 --�ana those copies will not be made available for the City -Council
meeting Tuesday.
GENERAL FUND
COMPARATIVE SUMMARY OF REVENUES
39
Actual
Actual
Budget
Budget
Description
1983
1984
1985
1986
General Property Taxes
$ 1,988,514
$ 2,542,723
$ 2,886,320
$ 3,161,450
Licences
589375
55086
53,900
59,030
'Permits
390,570
435,469
413,450
677,850
Revenue
972,565
904,463
931,870
1,194,800
•Intergovernmental
Charges for Services
177,809
209,096
403,300
496,380
Recreation Charges
379045
38,222
38,200
39,230
""-Fines &-Forfeits
-47,339
'7B4O08
60,000
90,000 -
Miscellaneous Revenues
52,922
-38,375
37,600
50,660
Refunds-& Reimbursements
379,117
388,295
297,000
430,600
TOTAL GENERAL FUND
-----------
$ 4,104,256
-----------
.$ 4,710,037
-----------
$ 5,121,640
---------
$ 6,200,000
39
GENERAL FUND
COMPARATIVE SUMMARY OF EXPENDITUR
Actual Actual
1983 1984
GENERAL GOVERNMENT
01
Mayor & Council
02
Administration
05
Finance/Clerk/Elections
06
Legal
08
Planning & Zoning
09.....General.
Gov It Buildings
10 ----;able
TV
P11RT- C SAFETY
.11
Police
12
Fire
13
Protective Inspections
14
Animal Control
15
Civil Defense
16
Ambulance Service
Budget Budget
1985 1986
$ 31,138
$ 43,590
$ 32,070
$ 35,460
146,773
199,512
198,280
258,120
258,569
344,978
346,360
456,350
101,398
101,971
114,000
130,000
61,732
93,925
122,090
174,870
46,498
80,848
73,660
89,020
0
0
0
68,550
$ .646,108 $864,824- $ 886,460- $ 1-,2,212,M
$ 11407;551 4-4550,612
247,612
266,539
170,050
208,657
23,227
28,544
684
7,248
25,949
28,373
1 1,875,073 $ 2,089,973
PUBLIC WORKS
21 -Public Works Gln+ - ing $ 285,832 $ 319,777
22- ..-Streets.& Highways - "'5021_704 534,027
$ 788,536 $ 853,804
PARKS.& -RECREATION
.31 Parks & Recreation
.32 Tree Conservation
OTHER
41 Contingency
TOTAL GENERAL FUND EXPENDITURES
$ 1,640,910
305,720
240,160
29,220
10,350
31,350
$ 2,257,710
$ 342,160
-759,500
$ 1,101,660
4 452,048 $ 4751062 $ 614530
18,567 27,274 43,560
------------ ------------ -----------
$ 470,615 $ 502,336 $ 658,090
$ 1,916,520
351,770
410,300
32,460
7,060
37,920
$ 2,756,030
$ 403,12(00
- 93-�-
$ 1,333,490
$ 761,710
53,450
------------
$ 815,160
------------
0 0
$
217,720
$
82,950
------------ ------------
$ D $ - D
_
------------
_$
217,720
------------
.. $
.. 82,950
$ 3,780,332 $ 4,310,937
$
5,121,640
$
,i
6,200,000
7()
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twenty-three
CONDITIONAL USE PERMIT/HARDEES RESTAURANT
A. Conditional Use Permit (Hardees Restaurant) for a Drive- Through
Restaurant on Approximately 1.5 Acres and a 143 S.F. Pylon Sign on
Lot 1, Block 1, Minnehaha Addition -- A public hearing was held
before the Advisory Planning Commission at a regular meeting held on
November 26, 1985, to consider an application by Hardees Restaurant
.for ..conditional .use permit -to allow a drive- through ..£ acility and
pylon sign for a proposed Hardees Restaurant east of Pilot Knob Road
and south of Duckwood Drive. The APC is recommending approval of
the drive-through facility and also the sign application with the
understanding that the sign will be placed in the secondary location
:.and -.does .-not exceed ..125--S_E_....or::_27 ._Ft_..in_height_ . For .additional
information on this item refer to thePlan ing Department report,
copies enclosed on pages �--through for your review. The
Advisory Parks and Recreation met on ecember 5, 1985, and is
recommending that the two cents per square foot cash dedication
requirement be a condition of approval which is consistent with the
City's commercial/industrial dedication requirements. For action
that
was taken by the Advisory Planning Commission, refer to page(s)
—�? for a copy of those minutes.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit .for drive-through restaurant and pylon sign
for. Hardees .Restaurant.
CITY OF EAGAN
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: HARDEES RESTAURANT (STANLEY SCHULTZ)
LOCATION: NW4 OF SECTION 15
EXISTING ZONING: CSC (COMMUNITY SHOPPING CENTER)
DATE OF PUBLIC HEARING: NOVEMBER 26, 1985
.DATE OF REPORT:. -NOVEMBER 12, 1985
REPORTED -BY: JIM STURM
• APPLICATION SUBMITTED: An application has been submitted requesting
a Conditional Use Permit to allow a 'drive-thru' facility and
pylon sign for a proposed Hardee's Restaurant east of Pilot Knob
'Rd and south of-Duckwood Dr.
CODE COMPLIANCE/SITE PLANNING: -All building and parking setbacks
meet City Code requirements. 82 parking stalls are provided
80@ 10' x 20' and 2 @ 12' x 20'. The drive-thru area provides
staking for 6 cars and additional space for another 5 cars along
the south side of the building. The site plan indicates a future
building pad only to demonstrate the ample size of this parcel,
and the possibility of another building. Hardees will have two
access points from Krestwood Lane, each being 25' wide and providing
entrance/exit - service. `The drive area. -between the 20'_ parking
stalls will be 25' and .along, .with the 10' width .stalls. should
_.provide_safe,_freely.moving vehicular activity.
• The proposed sign location is approximately 20' from.:the property
lines thus meeting City Code. The - _sign will be very similar
......to.__the. approved:_.sign . at --the Nicols' Road 'Bardees. 'As '-with-that
sign, a variance is needed because the total sign area will be,
143 S.F_ -per -side - due to --- the.- 32 :S.F. - appendage sign_ -.City'_Code
allows 125 S.F. per side. This= -appendage sign and -_the main.
'Hardees' sign 111 S.F. are pre -manufactured with the next smallest
sign being 50 S.F.
If approved, the Conditional Use Permit shall be subject to the
following conditions:
1) The sign shall be at least 10' within the property line.
2) A variance. -shall_ -be granted to allow a maximum 143 S.F. of
.:sign area per. side.
3) The sign shall be no taller than 27'
—4) -The'-trash area be enclosed.
5) A landscape plan be submitted for Staff review before issuance
t of the building permit. 7 c;?—
20, 18, 2f
ti
lIt
3 13.32'
Ovil px
CJ
ri
ORT*
OAF
2 16'O
711 Q
07-
ep 0
L.IL_I___l _-l__[ I_u _l
r, I_ IDflip 016 LL Lil
U71]. 1 .
E
Hardee's Model 816 road sign is the primary sign used for the
main identification of the store. It is usually installed at 16' to
20' grade clearance- A Breakfast/Drive Thru appendage sign is
usually used. See appendage sign sheet.
SPECIFICATIONS:
SIZE: 7'23/4' x 15'5' x 1'2 518"
AREA: 111.44 sq. It.
WEIGHT: 1.025 lbs.
ELECTRICAL:
LOAD: 1- 20 Amp. 120 Voll Circuit
13A AmDS Maximum
LAMPS: F84TI2CWH0- CITY 14
BALLAST: FRANCE 388 D 3 lamp. OTY 2
FRANCE 488 D 4 lamp. OTY 2
SWITCH: 1 20 Amp.
Approved`
U11
6U: 1i
Li ild
IL
MODEL 816
0
'REA: 31.61 sq. 't.
WEIGHT: 390 IDS.
�'-ECTRICAL:
LOAD: 1-15 Ar.'� 120 Volt Circuit
9.2 AM. P !.',aximum
LAMPS: F60T12C, -JH0
Oty. 12
BALLAST: France 533D. 6 Lamp
Oty. 2
SWITCH: 1-15 AMPO
Oty. 12
EADDroved
APC Minutes
November 26, 1985
CONDITIONAL USE PERMIT-.HARDEE'S RESTAURANT
The public hearing on the application of Hardee's Restaurant (Stanley
.Schultz) requesting a conditional use permit to allow a drive-thru facility
and also a conditional use permit for a pylon sign for a .proposed Hardee's
Restaurant east of Pilot Knob Road and south of Duckwood Drive in the
northwest quarter of Section 15 was convened by Chairman Nall. City Planner
Runkle then reviewed the two conditional use requests describing the location
within a CSC zoning on 1.4 acres. It was indicated that it was possible to
split the lot in the future with the developer providing a site plan and
proposed building site. It was noted that the proposed sign was 143 square
feet, exceeding the ordinance requirements. Mr. Mike Diamond of Cardinal
Properties of St. Paul, appeared on behalf of the developer. Mr. Ed Finley, a
neighboring resident from 3520 Widgeon Way, had appeared expressing concern
-regarding the number -of commercial uses in the area and excessive lighting.
Chairman Hall closed the hearing. It was noted that the site was below the
• road level of Pilot Knob Road and that the sign would face north and south.
The optional sign location at approximately a mia-point of the lot was
aiscussed.in aaaition to the future signage needs of the area zoned for
°�.shopping- center .north- ofthe-propeity.:_McCrea moved,.Wilkins seconded the
motion .to..recommend. approval. of the drive-thru_-facility on the following
conditions:
1. The trash area shall be enclosed.
2. A landscape plan shall be submitted for staff review before issuance
of the building permit which would include at a minimum, berming along
Duckwood Drive with year-rouna plantings_ .
3. The Planning Commission .specifically does not endorse the.site.plan
for. future buildings •descri:bed,in the -developer's a" lication.
aAll.onted.:in,-favor.
• McCrea moved, Hall seconded the motion to recommend approval of the
uae._,permit _for -the,, pylon --sign -w.:s-f
--with condi tion
I..= The.sign shall he.at..least.l0..ieet..mithin she 4=perty., lino
2. The sign shall not be allowed to exceed the maximum 125 square feet of
sign area per side allowed under City Code.
3. The sign shall be no taller than 27 feet.
4. The sign shall be located at the alternate location, towards the
middle of the property.
All voted in favor.
7
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twenty-four
CONDITIONAL USE PERMIT/MEAT PROCESSING OPERATION
B. Conditional Use Permit (Lu Vang) For a Limited Meat Processing
Operation on 10 Acres in an Agricultural District --A public hearing
was held by the Advisory Planning Commission at their last regular
meeting held on November 26, 1985, to consider an application
submitted by Lu Vang requesting a conditional use permit to allow
a limited butchering operation in an agricultural district defined
as a part of the Wescott Garden lots. The Advisory Planning
Commission is recommending denial of the application. There
was a great deal of opposition from the surrounding residents
_at ..the _public hearing...__ It .was .determined .by -the APC that a meat
processing operation is not a permitted use in an agricultural
• district. For additional information on this item, refer to
-the Planning Department report, a copy is enclosed on pages
—yLthrough 5c;— For action that was taken by the Advisory
:.Planning. Coonnassion, -:xefer... to..._..: copy ...af __those.. minutes found on
page(s)
L J
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit for Lu Vang to allow a limited butchering
operation in an agricultural district defined as a part of the
Wescott Garden lots.
-V7
.r + 4
CITY OF EAGAN
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: LU VANG
LOCATION: NA OF SECTION 14
EXISTING ZONING: A (AGRICULTURAL)
DATE OF PUBLIC HEARING: NOVEMBER 26, 1985
DATE OF REPORT: NOVEMBER 12, 1985
REPORTED BY: JIM STURM
• APPLCIATION SUBMITTED: An application has been submitted requesting
a Conditional Use Permit to allow a limited butchering operation
in an agricultural district, part of the Wescott Garden lots in
the NW4 of Section -14.
BACKGROUND: The applicant intends to purchase the subject 10
acres contingent on the approval of the Conditional Use Permit.
The City Attorney's office has been notified of this application
and Staff has requested an interpretation of City Code in terms
of whether this activity is a business operation. If it is con-
sidered a business, then is it a permited business within an
agricultural district? Please see the attached response. As
per the phone conversations with the City Attorney's office,
Staff has processed this application in the normal procedure_
COMMENTS: I The Comprehensive Guide Plan designates this area
as R-1, Single. Family_ - The applicant will have 13 individnals
• in the house, immediate family and relatives. Butchering would
be limited to approximately 20 small hogs per week for members
of .the Hmong Community of 14p1s_/St _.Pani... _Mr Vang will --not be
raising the animals, as individuals will bring him the animals
to butcher for a $10.00 fee. There will be some animals on site
.though for his own family, mostly chickens and hogs.
Mr. Vang has a similar operation on 40 acres near Elk River and
has obtained the necessary permit from the Department of Agriculture
and also a permit to receive food stamps. The Eagan location
is desirable because of the close proximity to the St. Paul stock-
yards where the animals may be purchased.
s The existing home has a septic tank. An. additional septic tank
will be added to serve the meat processing area in the garage.
Animal waste and entrails will be picked up by a private disposal
service once a week.
LU VANG - CONDITIONAL USE PERMIT
NOVEMBER 26, 1985
PAGE 2
CONDITIONS: N
1) Installation of a separate septic tank/drainfield for the meat
processing built in accordance with Minnesota Pollution Control
Agency standards.
2) All applicable ordinances and regulations must be adhered to.
E
•
HAUGE, EIDE & KELLER, P.A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILDINGS
9906 SIBLEY MEMORIAL HIGHWAY
EAGAN• MINNESOTA 55122
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M. BELLIN
MICHAEL J. MAYER
Mr. James Sturm
Eagan Assistant City Planner
3830 Pilot Knob Road
Eagan, Minnesota 55122
• RE: Request for Small Butcher Shop
--Dear Jim:
November 11, 1985
AREA CODE 612
TELEPHONE 4544224
Pursuant to our telephone conversation_of.November 8, I am writing to attempt
to provide some guidelines for the hearing to be scheduled in regard to Mr. Lu
Vang's request for a small butchering facility located on approximately 10
acres in the Westcott Garden area. It is my understanding that the property
is presently zoned agricultural with a comprehensive guide plan indication of
R-= Apparently, Mr. Vang has indicated that he may butcher approximately 20
hogs or small pigs per week with the possibility of some other butchering
including beef. Apparently there is off-site disposal for animal.vaste and
the property has its own septic system. It is my understanding that this
matter.is being heard by a planning. commission::for the _following.reasoas:
1. Staff was amabla iD determine whether or not this was a business activity
-� .sigaificant-_magni rode.so dPt0T, One==hat _awrez�ag::ai_tbe_P�P y
would be necessary.
--2. -This activity does-not_appear.to be.a-permitted use- under-Sectimn13-20,
Subdivision 3', Agricultural -District even -`though a -small amount of
_ hi.rchering_may.be considered- an,.agricultural..pursuit.with. sale.of
agricultural products. However, the code section specifically provides
for the sale of products raised on the premises. It is our understanding
that the animals being butchered would come from another location and that
individuals may bring animals to be butchered to the location which
suggests that this is not a normal agricultural pursuit and needs some
provision for a regulation to prevent it from becoming a commercial
slaughter house.
3. If the city is to consider allowing this activity, it would seem that the
best procedure would be to provide for the activity under a conditional use
"permit whereby -the-activities could be specifically limited to ensure thatit
does not become a commercial/retail situation. Therefore, it is my
understanding that Mr. Vang is proceeding to the Planning Commission on the
basis of -a conditional use permit request under Code Section 11.20, Subd. 3B.
as a "use deemed similar" -. by. the..Council to the uses described 'under
conditional use permits within said section.
�9
Mr. James Sturm
November 11, 1985
Page Two
This office has had difficulty in making a determination in this matter
because the type of activity is not a clear—cut use governed by the provisions
of city code. The Planning Commission and/or Council may determine that the
activity is indeed a business that is not permitted. However, if it is
determined that the activity is questionable and that it should be permitted
if restricted in scope, then it may be possible to provide for a conditional
use permit.vith_the restrictions embodied therein.
DGK:cjb
5D
Sincerely,
HAUGE, EIDE b KELLER, P.A.
David G.Ke�l
•
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F
v
5
SCALE --1 in.V = 82 ft.
Old Garage (142 x 182)
\ Barn ( 29 x 302)
Corn Crib (72 x 20)
\ House (392 x 73)
SITE PLAN
3555 Trails End Road---- Eagan MN
LEGAL: Lot 4, Block 3 Wescott Garden Lots
Lcc, YGn�
0
•
APC Minutes
November 26, 1985
CONDITIONAL USE PERMIT --ABC TRENDCO, INC.
Chairman Hall then convened the public hearing for the conditional use
permit requested by ABC Trendco, Inc. for the outside storage of vehicles for
a trucking company located east of Lexington Avenue in the northwest quarter
of Section 2. City Planner Runkle introduced the request which was somewhat
of a continuation of a previous use of the property under new ownership. He
indicated that approximately 200 vehicles could fit within the setback
requirements on the property. Mr. Don Haup appeared on behalf of the
applicant indicating that the use was comparable to the previous use of
Interstate Trucking. Chairman Hall closed the hearing. Bohne moved,
Mulrooney seconded the motion to recommend approval of the conditional use
permit for the outside storage of vehicles with the following conditions:
.I. 'A landscaping plan shall be submitted for staff -review. A landscape
bona shall be required and not released until one year after completion of all
• landscaping.
2. There_shall-.he_complete fencing around the entire site.
3. -Any building,expansion-shall.be.reviewed.by Lity staff.
4. All applicable ordinances shall be adhered to.
5. All vehicles parked on the facility shall be currently licensed.
6. No more than 200 vehicles shall be parked on the site at any one time.
All voted yes.
IONDIITIONAL NSE PERMIT — IA VANG
Chairman Rall -then -cCnvened =the : -hearing for a conaitional-ase-permit
requested for a limited butchering operation in an Agricultural District, in
.:.-Part::of:-the::wascott"&arden_lnta.:in-the=northwest-nnart$:nf.:Secti.oa.14. Mr..
Runkle introduced the request -for the butchering of approximately-ZD'smiall
hogs per:week_iar members nf-the,Jgmong,,cpmm.,,,; ry .nfince poli.SQ/SsL..-Paul_ ._The
animals would not be raised -on the -site and the futchering fees -mould be
nominal. It was indicated that there was a septic system and that there would
be off-site disposal of animal waste and entrails. Many neighbors from the
surrounding area appeared objecting strongly to the proposal, arguing in
addition to other facts; that they objected to the matter in regard to health
and safety of the community; that the area was Comp Guided for residential use
and it would be difficult to end the use, once the area developed; that the
area was not actually Agricultural in nature, having carried the burden of
assessments for residential areas; and that the use was a business use.
Mulrooney moved, Wilkins seconded the motion to recommend denial of the
mpplication:for_conditional use permit because .the .slaughtering of animals 3s
a business use; products are not raised on the premises in order to be an
accessory Agricultural use as required under the Code; and the use is not
consistent .with the impending residential use in compliance with the
comprehensive Guide.. All voted.in.favor.
,53
i
Agenda Information
December 17, 1985,
Page Twenty-five
Memo
City Council Meeting
CONDITIONAL USE PERMIT/OUTSIDE STORAGE FOR MAGNUM TOWING
C., Conditional Use Permit (Magnum Towing - Kevin Mellon) for
Outside Storage on Lot 3, Block 1, Halley's 1st Addition --A public
hearing was held by the Advisory Planning Commission at their
last regular meeting held on November 26, 1985, to consider an
application submitted by Magnum Towing in the name of Kevin Mellon
for a conditional use permit to allow outside storage of vehicles
in the light industrial district east of Highway 3, west of Biscayne
Avenue and north of Gun Club Road. The Advisory Planning Commission
is recommending approval of the conditional use .permit to the
-._City Council with two additional .conditions to the staff report
and they are: 1) dust control measures be provided as required
• by City staff and 2) Police Department verification of completion
of the 8' chain link fence prior to the institution of towing
operations. For additional information on this item, refer to
"the City . Plan ±= _'Depar+ma„r .xeport,-=-a... copy- is enclosed on pages
through -5-7 For additional information on the action
that was taken by the Advisory Planning ommission, refer to
a copy of those minutes found on page(s) s
•
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the
conditional use permit for outside storage for Magnum Towing
- Kevin Mellon) subject to the conditions listed above and in
the Planner's report.
S41
CITY OF EAGAN
SUBJECT: CONDITIONAL USE PERMIT
APPLICANT: MAGNUM TOWING - KEVIN MELLON
LOCATION: LOT 3, BLOCK 1, HALLEY'S FIRST ADDITION _
SEe OF SECTION 36
EXISTING ZONING: L-1, (LIGHT INDUSTRIAL)
DATE OF PUBLIC HEARING: NOVEMBER 26, 1985
DATE OF REPORT: NOVEMBER 7, 1985
REPORTED BY: JIM STURM
• APPLICATION SUBMITTE: An application has been submitted requesting
a Conditional Use Permit for the outside storage of vehicles
in the Light Industrial district east of Highway 3, west of Biscayne
Avenue and north of Gun Club Road. .�
COMMENTS: The applicant has a Conditional Use Permit for the
same purpose at 3460 Dodd Road. This permit was approved by
the City Council in October of 1984.
Magnum Towing provides service to the Eagan Police Department,
the Minnesota State Patrol, as well as, the private sector.
This new location measures approximately 215' x 200' with a 8'
chain link fence surrounding it. The entry gate just off Biscayne
Avenue is 12' wide. Bloomington Cartage is directly -north of
this property and a wood shop is to the south. Both have outside
.storage of vehicles and equipment. The surface is crushed limestone
• =and -should -not -�pose:a dust control problem.
if approved the Conditional Use Permit shall be -subject to the
_f ollowing conditions:
1) The storage of vehicles only.
2) The Permit be .limited for 2 years at which time it will be
reviewed for possible extention.
3) All applicable City ordinances be adhered to.
�rw
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0
0
BISCAYNE AUENUE
DRAINAGE AREA
. CHAIN Li�K FENCE
207.
I
DRIUE WAV
a INCHE3 OF LIME ROCK SURFACE
ORAINAGE
9 7T. CHAIN LINK -FENCE
�M OrAINr6E S7
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APC Minutes
November 26, 1985
MAGNUM TOWING -'CONDITIONAL USE PERMIT
i
The public hearing was convened by Chairman Hall for the application of
Magnum Towing for conditional use permit for outside storage of vehicles in
the Light Industrial District of Highway #3, west of Biscayne Avenue and north
of Gun Club Road, in the southeast quarter of Section 36. Staff pointed out
that the applicant has a conditional use permit for the same purpose at 3460
Dodd Road in order to provide service to the Eagan Police Department and
Minnesota State Highway Patrol, for the towing of vehicles and equipment.
McCrea moved, Wilkins seconded the motion to recommend approval of the
conditional use permit, subject to the following conditions:
1. The storage of vehicles and other impounded items only.
2. The permit shall be limited for 2 years at which time it will be
• reviewed for possible extension.
3. .All. applicabla.City.ordinances shall be adhered to.
4. .Applicant. -shall- provide adequate .dust-_zDntxol_
All voted in favor.
JOINT MEETING WITH CITY COUNCIL
The Commission was advised that the Mayor would be unavailable for a
December 10 meeting and requested that the meeting be changed to December 12.
After some discussion, it was. agreed that -the joint_meeting.w=ld be: -scheduled
for December 12,.-1985.
: • "ADJDIIR�NT
�an.=nMian-jy-V 7trinn�:_xecOmded �!1CCrea.;-::��1C �.�II$._SdjOnrnnw:at
p.m All voted .in favor.
NEWFU
501 "d
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Secretary - APC
DGK
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twenty-six
A. Designation of Fund Balance for 1985 Budget Carry -Over --As
a part of the 1985 budget, $10,000 was appropriated in the Street
Department for the replacement of broken and/or deteriorating
concrete curb and gutter throughout the City. The Engineering
Division solicited bids from various contractors to perform curb
and gutter replacement during 1985. As a result of the solicita-
tion of bids, only one bid was received which was well above
the 'engineer's estimate and, therefore, the work was not performed.
As a part of the 1986 budget, an additional appropriation of
$5,000 was =allowed for..: -concrete and-: gutter replacement_ The
Director of Public Works is requesting that this $10,-000 be
• designated in the_fund balance for 1966 and would then be reappro-
priated -to the proper account, Account No.4384 in the Street
Department.
Also, $25,000 was budgeted in the `Park Department for a water
tanker truck in 1985. Since the remaining -dollars for the water
tanker truck were budgeting in 1986 and the actual acquisition
will take place during that calendar year, it is appropriate
to designate $25,000 of the fund balance in 1986 for reappropriation
to the capital equipment fund for the Park Department in the
amount of $25,000.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve a reappropriation
of $10,000 for replacement of concrete curb and gutter from the
1986 fund balance to the proper Street Department'-accwnt and
-also, $2,5i,,.�0:0�0,..for a water.tanker trucktothe proper Park Department
account- -rinr-`�+7` -1 andar._.yea -1986. -.
j •
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twenty-seven
REVIEW OF PARK SHELTER PLAN
B. Review of Park Shelter Plan --Director of Parks & Recreation
Vraa, would like a few minutes to review schematic drawings for
park .shelter buildings that are proposed for construction during
1986. The architectural firm retained by the City has drawn
several schematics and will need further direction so that a
detailed plan can be selected and cost estimates prepared for
an actual construction program. Five (5) shelter buildings are
proposed for construction in new parks as presented in the 1984
park referendum.
ACTION TO BE CONSIDERED ON THIS 'ITEM: To provide proper direction
to the Director of Parks & Recreation and the Parks & Recreation •
Advisory Commission for _design. ,of park shelter buildings as
presented.
SPECIAL NOTE: The Director of Parks .& Recreation is planning
to update. the City Council on the status negotiations for the
Ohman parcel that the City is pursuing for an athletic field.
•
Agenda Information Memo
December 17, 1985, City Council Meeting
Page Twenty-eight
RECEIVE BIDS/AWARD CONTRACT (WELLS #8 & 9
C. Contract 85-26, Receive Bids/Award Contract (Wells #8 &
9) -- At the November 19 Council meeting, the Council reviewed
the bids received from the November 8 bid opening for the construc-
tion of Wells #8 and #9. As a result of reviewing the bids
received, it was determined to be in the best interests of the
City to reject all bids and to readvertise due to the limited
number of bidders and the bids exceeding the engineer's estimate
due to the tight time constraints. As a result, the City revised
the completion date schedule and readvertised for new bids which
.-.----,were received at 10:30 a.m. on December•13_
• Enclosed on page (D oZi is a tabulation of the bids received
"and their comparison to the engineer's estimate. An evaluation
of all bids will be performed by our consulting engineer and
a -formal :-rpoo mendatimn -Df -,contract ::award: _-will be made at the
Council meeting of Decembei 17.
ACTION TO BE CONSIDERED ON THIS ITEM: To receive the bids for
Contract 85-26 (Wells #8 & #9) and award the contract to the
lowest responsible bidder.
6
Our File No. 49369
DEEP WELL No. 8 & 9
CONTRACT No. 85-26
PROJECT No. 457
EAGAN, MINNESOTA
BID TIME: 10:30 A.M., C.S.T.
BID DATE: Friday, Dec. 13, 1985
Low Bid -----------_ $346,010.00
ENGINEER'S ESTIMATE ---------- 320,000.00
Over Engineer's Estimate ----- 8.1%
CONTRACTORS
TOTAL BASE BID
1:-
Bergerson Caswell
$346,010.00
2.
E.H. Renner
349,890.00
• -3.
-Keys Well Drilling
393,370.00
.4_..Jlydrn.
Eng' oeering
432,508.00
5_
Layne Minnesota Co_
480,070.00
Low Bid -----------_ $346,010.00
ENGINEER'S ESTIMATE ---------- 320,000.00
Over Engineer's Estimate ----- 8.1%
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: DECEMBER 13, 1985
SUBJECT: INFORMATIVE
Protective Inspections Report
Enclosed on pages 6,6r' through (y (a is a copy of the November
Protective Inspections Report.
Outside Storage/MWCC on Nicols Road
Enclosed -on pages &7 .:through 6d" is a _response to .a ..letter
presented to the MWCC by the City Administrator on behalf of the
• City Council and Lester Spencer regarding use of the MWCC's meter
site on Nicols Road for outside storage of materials and equipment_
Mr. Spencer has been notified regarding this response.
Mega -Mall
Since the mega -mall or Mall of American Fantasyworld has an
impact on the City of Eagan, I .felt it was appropriate to copy
the City Council on a recent report prepared by the Metropolitan
Council on the metropolitan significance of the proposed mega -mall.
A copy of the Metropolitan Significance Review Committee meeting
scheduled for December 17 and additional correspondence is enclosed
on pages—I through for your review.
Dump Site/Brittany Additions
_-Enclosed-is :a brief_,:update :nn .an - alleged dump site .in -the -Brittany
.,' Additions as -"researched by Chief Building .Inspector Peterson.
The copy is referenced as page 9 y
AMM Legislative'Policy
The City Administrator has -reviewed the .legislative policy and
bylaw amendments as presented by the Association of Metropolitan
Municipalities. An AMM membership general meeting is scheduled
for Thursday, January 9, 1986, at the Brooklyn Center Community
Center. Any members of the City Council who wish to attend
should indicate no later than the January 7, 1986, City Council
meeting. All members of the City Council have received a copy
of the policy statement and bylaw amendments.
Blue Cross and Blue Shield Correspondence
Enclosed is a copy of 'a letter drafted by the president of Blue
Cross and Blue Shield regarding the reconstruction of Yankee
Doodle Road. A copy is enclosed on pages q'S through _Z.
(� 3
HONORABLE MAYOR & CITY COUNCILMEMBERS
PAGE TWO
Washington D.C. Testimony/Mayor Blomquist
Enclosed on page (a d is a copy of a speech that Mayor Blomquist
delivered in WashingOton D.C. earlier this week before the represen-
tatives of the FAA.
Developers Task Force
Attached on pages � through /00, is a copy of a letter,
policy statement and list of participants on the committee for
the developers task force who will be meeting Thursday, December
19, to review and refine the City's developers escrow policy.
City Administrator
TLH/jj
E
J
PROTECTIVE INSPECTIONS MONTHLY REPORT - NOVEMBER 1985
OFFICE HOURS - INSPECTIONS THIS MONTH YEAR-TO-DATE
Building
Plumbing
318
268
3,745.5
1,838.5
HVAC
79
896
Signs
78
1,043
Administrative/Office
Fire Marshal
14
44
389.5
451.5
Miscellaneous
129
1.074.70
General Office
228.5
2,421.10
Permit Processing
175.25
2.336.20
NUMBER OF PERMITS ISSUED THIS MONTH YEAR-TO-DATE
Building
165
1,529
_.._Electrical_
1.59
1,482
Plumbing
200
1.476
• HVAC
Water Softener
206
1.334
17
126
Signs
11
93
Well., Cesspool,,, Septic -Tank
.0
4 .
•
YTD
NATURE OF BUILDING PERMITS ISSUED
MONTHi_Y
• TOTAL, FEES INCLUDE: Building permit fee, state surcharge, plan review fee,
--SAC A_WAC.charges, water meter, road unit fee, parks
dedication 8 water treatment plant fee.
TYPE
NO.
VALUATION
PERMIT FEE
PLAN REV FEE
TOTAL FEE
733
SINGLE FAMILY
55
4,380,900
20,347.00
10,123.50
115,603.00
88
2 -FAMILY
16
784,000
4,456.00
2,228.00
31,076.00
399
MULTI -FAMILY
66
15,154,000
45,721.00
22,860.50
556,158.00
2
AGRICULTURAL
0
68
COMMERCIAL -'
9
11,189,400
29,268.00
14;G08.75
113,429.75
3
INDUSTRIAL
0
2
INSTITUTIONAL
0
2
PUBLIC FACILITIES
0
22
RES. GARAGES
2
8,600
95.00
--
99.50
26
SWIM POOL
1
16,000
116.50
58.25
182.75
184
MISCELLANEOUS
1 16
110,600
834.00
61.25
951.75
TOTALS
165
31,643,500
100,837.50
49,940.25
817,500.75
1,529
YEAR-TO-DATE
179,973,198
664,347.00
327,515.75
5,038,456.75
• TOTAL, FEES INCLUDE: Building permit fee, state surcharge, plan review fee,
--SAC A_WAC.charges, water meter, road unit fee, parks
dedication 8 water treatment plant fee.
PROTECTIVE INSPECTIONS - MONTHLY INFORMATION
DATE: NOVEMBER 1985
MULTI -FAMILY BREAKDOWN:
TYPE
NUMBER
OF PERMITS
NUMBER OF
BUILDINGS
NUMBER OF
UNITS
VALUATIONS
PERMIT FEES
SUR-
CHARGE
PLAN CHECK
FEES
TOTAL FEES
TOUNIT
TOlJNHOUSE
36
9
36
$ 2,124,000
$ 11,160.00
1 062.00
$ +
$ 5,580.00
$ 71,802.00
6 -UNIT
TOWNHOUSE
6
1
6
412,000
2,034.00
206.00
1,017.00
12 257.00
_
16 -UNIT
CONDO
1
1
16
778,000
2,128.00
389.00
1,064.00
23,661.00
11361
L 012, B 00, R.L.S. #4
MWCC
$ 1,650,000
$ 4,308.00
$ 760.00
$ 2,154.00
$ 7,922.00
COMM
APTS
23
12
324
11,840,000
30,399.00
2,519.50
15,199.50
448,438.00
TOTALS
66
23
382
15,154,000
45,721.00
4,176.50
22,860.50
556,158.00
COATDTRRCTAT._ T"lTSTRTAT. ANO TNSTTTTITTONAT. RRF.AKDOWN:
• - 0
� UILDING
PERMIT
SUR-
PLAN CHECK
PERMIT #
ADDRESS & LEGAL
OWNER -
VALUATIONS
FEE
CHARGE
FEES
TOTAL FEES
OCCUPANC'
3565 KENNEBEC DR
11361
L 012, B 00, R.L.S. #4
MWCC
$ 1,650,000
$ 4,308.00
$ 760.00
$ 2,154.00
$ 7,922.00
COMM
1410 TOWERVIEW RD
11359
L 2 B 1 SPERRY PARK
NW BELL TELE
28,000
184.00
14.00
92.00
290.00
COMM
11352
3645 KENNEBEC DR
L 2 B 3 CEDAR IND PK
RONALD A. HAVE
100,000
433.00
50.00
216.50
1,856.50
COMM
1230 EAGAN IND RD
11349
L 1-4 B 3, EAG CTR IND PK I
OPUS CORP
95,000
418.00
47.50
209.00
674.50
COMM
4151 KNOB DR
11318
B 1 KNOB HILL PROF PK
KNOB HILL ENTRE
252,000
813.00
126.00
406.00
5,055.50
COMM
11275
3773 DODD RD
L 1, B 1, WEST PUBL 11
WEST PUBLISH
40,000
238.00
20.00
119.00
377.00
COMM
1305 CORPORATE CTR DR
11203
L 2-4 B 2 EAG OFC PK
NW MUT'L LIFE
9,000,000
22,683.00
1,700.00
11,341.50
96,980.50
COMM
11066
2143 CLIFF RD
FEDERAL LAND
20,000
140.50
10.00
70.25
220.75
COMM
2 CED CLIFF COMM PK
11309
4860 BISCAYNE AVE
GREAT LAKES
4 400
50.50
2.50
---
53.00
COMM
L 4 B 2 HALLEY'S FIRST
+
• - 0
:;!_���-o��Tqn
war;
a—.nTT�^t
cmmffion
C&
v
December 5, 1985
Mr. Thomas Hedges
City Administrator
3795 Pilot Knob Road
Eagan, MN 55122
-'Subject: 'Outside Storage At MWCC Meter 500
Site On Nichols Road
• Dear Mr. Hedges:
`This is in•response -to -your letter-of'November 25, -1985 -to
Mr. Harry Grounds, regarding-..the..Commission.'s use of its
meter site on Nichols Road for outside storage of materials
and equipment.
The site was developed as temporary storage for low security
i materials used in Interceptor maintenance, with the intent
that permanent storage would be done at the Interceptor
Maintenance Facility upon its completion. It has taken
considerably longer than originally anticipated to initiate
construction of the new maintenance. -facility, and as a result
j storage of material at the. temporary..site on Nichols Road has
I been extended.
Construction of the new maintenance facility is:progressing,
although much of the site work was hampered by poor weather
i - :this`::fall_..Lt-is..the_Commission's.full intention -to. -Move -all
i of the materials now at -the Nichols Road site to the -new s to
%as early -in the--spring.-as possible, but no later than June 1,
I 1986.
I
Our staff has been in contact with Mr. Steve Schwanke from
the City who has reviewed and concurs with our plans for the
outside storage and the proposed time frame. As an interim
measure, we have reduced the larger, more visible material at
this site and will continue to relocate as much material as
possible this winter.
We hope that this:seffort_will.meet with the City's approval
and we will continue to work with .you on this issue,.
I
...350 METRO /OURRE BLDG.
7TH 6 ROBERTMEM
/Rini PRUL MrI 55101 I
612 222.8423 lY
e "
Sincerely,
John Almo
Director of Operations
Metro Waste Control Commission
350 Metro Square Building
St. Paul, MN. 55101
JAA:WPM:mja
12.5.85
cc: L. Breimhurst, Chief Administrator
Bruce Baumann, MWCC Commissioner
R—Arbour, Interceptor Systems Mgr.
HN
•
•
•
METROPOLITAN COUNCIL MEETING
Tuesday, December 17, 1985
Council Chambers
4:00 P.M.
TENTATIVE
AGENDA
Call to Order
ADoroval of Aaenda
Minutes: None
Business
•A. Report- of the
(Jo Nunn, Chair)
1. Recommendations on the Mall of America and Fantasyworld
Development in Bloomington, Referral 13053-2
Other Business
___Reports
.A. Chair
B. Council Members
Adiournment
69
Suite 300 Metro Square Building, Saint Paul, Minnesota 55101 /612/291-6359 TDD 291-0904
Metropolitan Council Meeting of Dec. 17, 1985 Business Item: IV.A.1
M E T R O P O L I T A N C 0 U N C I L
Suite 300 Metro Square Building, Saint Paul, Minnesota 55101
612-291-6359
REPORT OF THE
METROPOLITAN SIGNIFICANCE REVIEW COMMITTEE
REFERRAL REPORT NO. 85-123
DATE: December 11, 1985
TO: Metropolitan Council
SUBJECT: Metropolitan Significance Review
• Mall of America and Fantasyworld
Metropolitan Council Referral No. 13053-2
BACKGROUND
At its meeting on Dec. 9, 1985, the Metropolitan Significance Review Committee
discussed its proposed report and two alternative recommendations dealing with
the review of Mall of America and Fantasyworld. The committee report was based
on the staff report prepared under the direction of the Metropolitan Council
chair and released Nov. 8, 1985 and on the testimony and evidence presented
by the parties to the review during the public hearings which was conducted by
the committee on Nov. 2D, 21 and 26, 1-985.
ISSUES AND CONCERNS
Pat.P2bl,. Council staff -(ext. 407), responded to questions raised, by the
• co:mnittee.-`Karen°3chaffer,'�staff counsel (ext. 438), made -a -presentation to
the committee on the authority of the Council under the metropolitan
significance rules and under the Metropolitan.Land Planning Act. She noted
that�-condi.t•ions_.contained .in --a suspens!on_order- must _be di.rected:at..the
developer of the project and not at the city or state legislature. -She also
stated that"the"-Council can require -the -city -to -scale back the project if
necessary to make.it compatible with metropolitan system plans and that the
effective tools to ensure that the city complied with the plan amendment
process included the authority of the Council to restrict the issuance of sewer
permits for any project in conflict with any of the four metropolitan systems
and the ability of the Council to veto improvements on controlled access
highways. In addition, the Metropolitan Land Planning Act provides that fiscal
controls adopted by local units of government must not be in conflict with
metropolitan system plans; the act defines fiscal controls as including tax
increment plans such as that proposed by the city of Bloomington for the
prof ect.
-z -
OTHER ISSUES/COMMENTS
The committee allowed a representative of each of the parties --the city of
Bloomington, Triple Five Corp. and the city of Minneapolis --to make a final
presentation. John Pidgeon, Bloomington city manager, stated that the second
alternative, which recommended an indefinite suspension of the project, would
kill the development because the city would be unable to sell tax increment
bonds prior to the end of the year. New rules pending in Congress would
prevent the sale of bonds after Jan. 1, 1986. He proposed that the committee
adopt alternative one which recommended the use of the plan amendment process
to modify the project if necessary. He objected, however, to the elements of
alternative one that recommended a study of the 1-494 corridor, no exemption
from fiscal disparities and one convention center to be located in downtown
Minneapolis.
Pidgeon stated that he had been in contact with Bloomington's Mayor James
Lindau who was willing to delete the convention center from the proposed
development and reduce the proposed office space by 50 percent, from two
million square feet to one million square feet. In addition, the reduced
-off-ice space would not..be.constructed.untiI .1996.
Robert Hoffman spoke for the Triple Five Corp. and confirmed that the
convention center would be deleted from the development but stated that he
could not comment on the other changes Pidgeon announced. He also stated that
the second alternative would kill the project. He supported alternative one
with findings and recommendations limited solely to effect on the metropolitan
system. He noted that Bloomington had relied on Council traffic forecasts from
the Transportation Policy Plan that are now found to be too low, an error on
the Council's part, and questioned why the Council was limiting development on
1-494 which has capacity when it continued to approve incremental development
on 35-W which is over capacity. Hoffman distributed a graphic that illustrated
the capacity on 1-494 as compared to 35-W. Hoffman asked the -committee to
-reconsider its finding that no market study had been done.on the convention
-center.and .on Ahe-retai 1 -.and .amusement:,.eIements .of. -the -ma ll.. _'41e -contended :that'
the city had, -in fact, -done a detailed convention center study, andthatfor
the retail and amusement elements of the project, Triple Five had submitted as
much information as a market.study would contain although not in the format of
a market study.
William Keppel spoke for the city of Minneapolis -and said the,city was -:pleased
with the deletion of the convention center. The city of Minneapolis had no
further comments.
Following are major points of concern raised by the committee:
Prior to discussing the findings in the report, several committee members made
statements to the committee. Campbell stated that, while she had seen more
desirable projects, some things were within the purview of local government and
others within regional purview. She found the Bloomington statement at the
-Dec.,5:pub Iic.ineeting_an-.the..draft Metropolitan Development and Investment
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Framework irresponsible. She was pleased with the Bloomington decision to
withdraw its proposed convention center and stated that, at the appropriate
time, she would move alternative one with changes because the Metropolitan Land
Planning Act process is stronger than the power of suspension under the
metropolitan significance rules.
Rosemary Thorsen expressed concern with some findings and stated that she was
not as convinced that suspension would be a mistake because of the potential
loss of funding. If the project is bad, haste is a mistake. Valid concerns
should be responded to.
Gerald Stelzel stated that•he supported alternative one with perhaps some
deletions based on the change in the convention center. Chair Josephine Nunn
stated that she did not see much to gain by suspension and believed that local
uni.ts.of--government have -the right to make their own mistakes.
• In reviewing the findings, Gertrude Ulrich objected to the Immediate area
transportation finding because they did not reflect the great amount of work
done by the city and other agencies to prepare a transportation plan for
.A i rpor.t.. south. .She.moved..to.add.an additional finding recognizing the work of
-the transportation technical team and the me4a-mal9 task force of -the
Transportation Advisory Committee. .-The.mo.tion was seconded by•campbell and
passed unanimously.
With regard to the 1-494 corridor, Ulrich moved to delete four findings which
she stated were more appropriate as subjects of the recommended corridor study
and not as findings in the committee report. There was no second for the
motion. The eight transportation findings under the heading of 1-494 corridor
were adopted unanimously with Ulrich requesting that her opposition to the four
°findings be recorded.
Thorsen moved and Campbell seconded the findings under Travel Demand. 'Ulrich
commented that it appeared strange to recommend a study -when the findings
already -have `'been -made :':,'She,stated that rand 2 should• -be included` "un --the
• ' study and not in the findings. Stelzel stated that they should be elements of
the study even though they are findings in the report. The Travel Demand
-f i,nd i ngs:-were.:adopted mnan.i mous l y.
Thorsen mdved"and'Stelzei -seconded-the-Airpory findings which were -adopted
unanimously. The -Parks findings -were -also -moved by Thorsen and seconded by
Stelzel. Ulrich stated that she hoped that the Council staff was correct that
the mall project would increase the use of the regional recreation system
because it would help make the case for regional parks before the legislature,
and that increased use of the park system should be viewed as a beneficial
effect of the proposed development. The Park findings were adopted
unanimously.
The Development Framework findings were moved by Thorsen and seconded by
Campbell. They were adopted -unanimously .followi,ng.a comment from Ulrich that
this project '1 s consistent with the Development-Tramework's emphasis.on growth
in the fully developed area through reuse of land. The Housing findings, moved
by Campbell and seconded by Ulrich, were also adopted unanimously, with
:..Campbell indicating that the use of "affordable.housing!' was.a..more_appropriate
-term for -this project than low and moderate income housing.
%02—
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Thorsen moved both the introductory section and the findings in the Economic
and Fiscal Analysis. Ulrich objected, stating that she found the section
unsatisfactory. The findings were adopted 4 to 1 with Ulrich casting a
negative vote. The finding under Tourist Expenditures was adopted unanimously
as were the findings under Receipts which Ulrich stated make the case for the
development. Ulrich moved the findings under Jobs and Campbell seconded.
Thorsen moved to add language to qualify the last finding such that unskilled
and low skill jobs would be available at the mall "if new jobs are generated."
Her motion was not seconded and the Jobs section was adopted unanimously.
The findings under Tax Revenues were moved by Ulrich and seconded by Thorsen
with several committee members commenting on the wide range of numbers.
Stelzel asked that the section be titled Tax Revenue Estimates; the findings
were then adopted unanimously. Campbell moved and Thorsen seconded the
motion.to.delete the finding that no study had been done for the Bloomington
convention center; the motion was adopted unanimously. The remaining four
findings under Convention Center were adopted unanimously.
Thorsen moved and Campbell seconded the findings under Fiscal Disparities. •
Ulrich suggested that.the dollar amounts be removed from findings four and six
because the.exact amount is not known.' -Thorsen moved and -Campbell -seconded to
change the language in the two findings from "would" to "could" and to add "an
estimated" before each dollar amount. The amendment passed unanimously as did
the findings.
For the Tax Increment section, Thorsen moved and Campbell seconded the findings
and the introductory section. Thorsen asked that information be added to the
introduction stating the amount of Bloomington's assessed valuation and the
capture rate which the mall development represented. Stelzel asked that the
statement about the Hennepin County guidelines be removed from the introductory
statement. Ulrich stated that Hennepin County is not a disinterested party
with regard -to -tax increment financing. Thorsen objected to removing the
Hennepin_County guidelines. Stelzel moved to strike the Hennepin County
-.-guidelines=•and UIrich: seconded. _The --motion ... to -amend was.:defeated_by=the.chair
on a tie vote.
".The Tax Increment section was adopted unanimously with Ulrich asking -to be
recorded as'voting in favorof the'findings,but opposing the Hennepin County
guidelines. Thorsen voted .in favor. but, stated her. concern -that .there .was
nothing contained in`the findings regarding"the.relative amount of -..tax
increment financing nor the time schedule for the expiration of the district.
The Hotel -Motel findings were adopted unanimously. In the Effects on Other
Governmental Units section, Thorsen moved to amend the first finding to qualify
the effect on attendance at the Minneapolis convention center. Stelzel
seconded and the amendment and section were both adopted unanimously.
Campbell moved Alternative Recommendation One with a change in order, moving
the portion of the recommendation dealing with the 1-494 corridor study to the
end of the recommendation with a heading stating that "the committee further
_7 3
2.12
recommends." Campbell also moved to add stronger language to the fiscal
disparities recommendation. Ulrich seconded the motion for the purpose of
discussion. She stated that she wanted to include a list of what the 1-494
corridor study would include and that she could not support the paragraph which
stated that development must be scaled down. Ulrich asked for a division on
the question. She moved to add language to the 1-494 corridor study stating
that the study would determine an acceptable magnitude of traffic for the
corridor, the costs of improvements, including the acquisition of right-of-way,
the financing question of whether the tax revenues generated by the project
will cover the costs of improvement to the 1-494 corridor, the timing of
development and the impacts on Hwy. 77 south of 1-494, the Crosstown and
Hwy. 5. There was no second for Ulrich's motion. The paragraph dealing
with the 1-494 corridor study was adopted unanimously; the second paragraph
calling for scaled down development was adopted 4 to 1 with Ulrich voting in
the negative. The..remainder_of..the recommendation was adopted unanimously.
• Thorsen stated that she was still somewhat uncomfortable with Alternative One
as opposed to Alternative Two. Her concern was primarily with the enforcement
powers of the Council in requiring the changes necessary to protect the
metropo Iilanr=system. , .Campbe ll...noted _.that_Counci-l.members,.were more comfortable
because they would have the opportunity to review the plan amendment and to
follow through on the committee recommendations while the citizen members of
the committee had had their final input into the process.
RECOMMENDATIONS
That the Council determine that the metropolitan significance'regulations apply
to the proposed Mall of America and Fantasyworld.
,That the Council determine that the proposed Mall of America and Fantasyworld
causes the effects set forth in Minn. Rules 5700.0400(D) and 5700.0500.
That the_Council determine that the proposed Mall. of-America.and Fantasyworld
• is of metropolitan significance.
That the Council determine that the proposed Mall of America and Fantasyworld
meets the metropolitan.signif.icance-standards for -transportation -system impacts
set forth in Minn. Rules.5700.0400(D)-.but .is not appropriate for the Exercise
of the power of suspension.
That the Council determine that the appropriate action to protect the regional
transportation system is to use the Metropolitan Land Planning Act process to
require any modifications necessary to the proposed development to insure that
the scale and timing of the development do not exceed the capacity of the
regional transportation system and do not affect the timing and funding of
other elements of the regional transportation system. An acceptable
comprehensive plan amendment will be necessary before the city of Bloomington
will receive approval for sewer connections and interchange construction
required.to.ser.ve_the.development.
IM
That the Council determine that procedures should be initiated to amend the
regional transportation plan to address the magnitude and timing of the
immediate area highway improvements in conjunction with the development of the
Mall of America and Fantasyworld. New funding sources will be necessary to
insure that state and regional priorities are maintained for other elements of
the regional transportation system.
That the Council determine that the proposed Mall of America and Fantasyworld
meets the metropolitan significance standards for substantial effects on
planned development in local governmental units set forth in Minn. Rules
5700.0500 but is not appropriate for the exercise of the power of suspension or
amendment.
That the Council determine that only one new state -level convention center can
be accommodated in the Metropolitan Area, and the location most supportive of
Council policy is in the metro center of Minneapolis.
That the Council reaffirm its long-standing commitment to the fiscal dispar- •
ities program. The Council will actively.oppose this exemption and any. -Other
proposed exemptions.from.the.f.iscal_dispari.ties,program_before.the legislature
and will actively support positive steps to improve the program and to
.eliminate any existing inequities and exemptions.
The Metropolitan Significance Review Committee further recommends:
That the Council institute a study to determine an ultimate design concept for
the 1-494 corridor to accomodate regional growth; the study to be undertaken by
the Council in cooperation with the Minnesota Department of Transportation and
affected local communities. The study could lead to a modification of the
metropolitan transportation system plan which in turn will require modification
of the plans of local governments affected by the system plan.
That -the -Council use the local .plan amendment -process under.the Metropolitan
'Land 'Planning Ict to accomplish the_fol.lowing: •
To scale down development proposals for the entire Airport Soutfi-area in
order to maintain long-term traffic volumes on 1-494 below the capacity of
an eight lane freeway. Because of its large -peak -hour trip generation
characteristics, office space -development -for the-entire-AirportiSouth area
--should-be considered as a prime candidate to be reduced or converted to a
land use that generates fewer peak -hour trips.
To require the implementation of aggressive travel demand management
techniques in conjunction with the proposed development for the entire
Airport South area. Transit options should be closely evaluated by the
Regional Transit Board prior to implementation to determine their cost-
effectiveness.
Respectfully submitted,
Josephine D. Nunn,.Chair
Metropolitan Significance Review -Committee
7--�'
METROPOLITAN COUNCIL
Suite 300 Metro Square Building, Saint Paul, Minnesota 55101
612-291-6359
DATE: December 10, 1985
TO: Metropolitan Council
FROM: Metropolitan -Significance Review Committee
Josephine Nunn, Chair
SUBJECT: Metropolitan Significance Review
Mall of America and Fantasyworld
Metropolitan Council Referral File No. 13053-2
• INTRODUCTION
A metropolitan significance review of the Mall of America and Fantasyworld was
initiated:by the Metropolitan Council on Sept. 26,.1985.;.Parties._to._the review
include the city of Bloomington, the Triple Five Corp., the city of Minneapolis
and the Metropolitan Council. A staff report on.the-project was prepared under
the direction of the chair of the Council and was the subject of a public
hearing conducted by the metropolitan significance review committee on November
20, 21 and 26 at which parties to the review and interested persons presented
testimony. Final arguments and proposed findings and recommendations were
presented to the committee by the parties at the close of the public hearing.
The parties' statements together with statements submitted by interested
persons are included in Attachment 1. A complete listing of all testimony and
supporting documentation is included in Attachment 2. These documents are
available for review in the Council offices.
AUTHORITY TO REVIEW
• The Metropolitan Significance Act of 1976 (MSA 473.173) together with metropol-
itan significance rules and regulations adopted on Jan. 16, 1978, provide for
-•the identification:.and.rev.iew..of..al.l.proposed.matters alleged .to be,. -of
metropolitan significance. The Council may initiate a metropolitan signif-
icance review,by resolution or the chair.of-the Council, in response to : -a
'request submitted in accord with the rules -and -regulations, may order the
commencement of a review.
The basis for initiation of a review is an arguable case that the proposed
matter is of metropolitan significance. The standards for making an allegation
of metropolitan significance include both metropolitan system effects and
effects on local governmental units other than the situs governmental unit.
The purpose of the review, as stated in the rules and regulations, is to assure
that the total effect of a proposed matter of metropolitan significance is
considered and that the orderly and economic development of the Metropolitan
Area is promoted, thereby protecting the health, safety and welfare of the
E residents of the area.
;.=The review of..the Mall.of-America and Fantasyworld was initiated by Council
resolution accompanied by an information submission which alleged that the
W
proposed development may present an impact on metropolitan systems and has the
potential to substantially affect the existing or planned land use or develop- �..
ment in local government units other than the city of Bloomington.
Following initiation of a metropolitan significance review, a significance
review report is prepared by Council staff under the direction of the chair of
the Council. It is to contain an objective description of the project, to
analyze issues raised regarding the project and to make a recommendation as to
whether the project is of metropolitan significance and, if so, what action by
the Council is appropriate. The report is to be the subject of the public
hearing conducted by the significance review committee which makes a recommenda-
tion to the Council on the metropolitan significance of the proposed develop-
ment and potential mitigating measures.
If the Council determines that the development meets the criteria in the rules
-for metropolitan significance; the Council may choose to take no action, to
amend its policy plan to accomodate the project, to propose modifications to
the project that would alleviate any adverse effect, or suspend any action •
(construction) on the project forup to a one-year period following the
issuance of its final determination.
The metropolitan significance rules and regulations provide that the Council
must complete its review and make its determination within 90 days from the
date of commencement. The 90 -day period ends on Dec. 26, 1985.
DESCRIPTION OF THE PROJECT
The Mall of America and Fantasyworld is a mixed use project to be enclosed `
Lnder one roof on the 85 -acre site formerly occupied by the Metropolitan
Stadium (see Map 1). The project may also use an additional 40 -acre parcel
immediately east of the stadium property. The project consists of 10.5 million
square feet including:
,.:o five million._squareJeet retail shopping mall (four million.square feet of
gross leasable area), -including -eight department and major food stores and •
about 800 shops
o one -million square feet, Fantasyworld including -a water.park, submarine'
lake, a space and science center exhibit, ice -arena. Fantasyworld pavilion,
roller rink and other -amusement facilities
a 500,000 square feet convention center of which not less than 300,000 square
feet would be utilized as an exhibit area. (The change from a one million
square feet facility was communicated to the Significance Review Committee
in an October 10, 1985 letter from Myron Calof, representing Triple Five.)
o two million square feet of hotel space, which represents 2,000 hotel rooms
o two million square feet of office space
ISSUES
The major issues raised in the staff report include whether the project is C
inconsistent with the city's plan with respect to its effect on metropolitan
systems and; -therefore, requires -a plan amendment; whether the project presents
significant effects on any of the four metropolitan systems - sewers, parks,
Z77
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airports and highways; and what the economic and fiscal effects of the project ,
are on other local governmental units, in particular the proposed public
subsidies and the second convention center.
FINDINGS
GENERAL
1. The proposed project, the Mall of America and Fantasyworld, is not con-
sistent with certain elements of the Bloomington comprehensive plan
subject to modification by the Council and is in conflict with metropol-
itan highway and sewer systems plans with regard to the use, extension or
expansion of those metropolitan systems. The differences in land use,
land use intensity and development staging change the expected use of the
regional highway and sewer systems as identified in both the comprehensive
plan and the generic environmental..impact statement for the Airport South
district.
•
2. The Metropolitan Land Planning Act embodies a process whereby local compre-
hensive plans can be amended and whereby such plans must be amended to
-ensure-continued-consistency withevolvingmetropolitan system plans.
3. The Metropolitan Land Planning Act limits local ordinancing by prohibiting
official controls and fiscal devices in conflict with local comprehensive
and metropolitan system plans.
METROPOLITAN SYSTEMS ISSUES -
Sewers
Wastewater flow projections provided by Bloomington are very similar to
wastewater flow projections made by the Metropolitan -Waste Control
Commission for the Mall of America development. Because these flows will
,_._cause Bloomington to exceed its 1990 allocated capacity in theregional
sewage system,- the city must prepare an amendment-to:,itsi--comprehensive •
plan requesting additional capacity and submit it to the Council for
.review and approval.
2. No substantial effect on the regional sewer system plans is anticipated
from the increased flow because the regional-systen•has the physical
capacity to accomodate the flow and Metropolitan Development Framework
policy provides that growth in the fully developed area in excess of
forecasts will be accommodated if system capacity is available or can
reasonably be provided. Therefore, the Mall of America and Fantasyworld
will not cause a substantial effect on the metropolitan sewer system or
system plan.
Transportation Findings
General
1. -The mall project meets -the standards in the metropolitan significance
rules for a transportation system effect since the traffic generated by
the site substantially exceeds the threshold levels of 10,000 vehicle`="
trips per.day or 1,000 vehicle trips per hour. Low:estimates.are 123,000
trips per day or 6.323 trips per hour.
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2.
The impact on the transportation system has been analyzed assuming full
.=`
implementation of the Mall of America/Fantasyworld project as well as
proposed development for the remaining portion of the Airport South area.
Immediate Area Improvements
1.
Significant transportation impacts in the immediate vicinity of the
Airport South area would occur if the proposed development for the entire
Airport South area were fully implemented.
2.
The transportation impacts in the immediate vicinity of the Airport South
site would require major improvements in the following metropolitan
highways:
o Hwy. 77 between Killebrew Dr. and I-494
o I-494 between 24th Av. So. and 12th Av. So. including interchanges
•
o Hwy. 77 between I-494 and Hennepin County Road 62
3.
The Transportation Policy Plan shows the need -to replace the Killebrew
Dr. at -grade intersection with=Hwy:-77'ivith-a-grade-separated interchange
and the need to upgrade the interchange areas on I-494 from Hwy. 77 to
24th Av. The plan, however, did not envisage the magnitude and timing of
those improvements.
4. None of the immediate impact area improvemeots is currently scheduled in
.'>rs either the 1986-87 Highway Improvement Program or the 1988-1991 Highway
Improvement Work Program developed by Mn/DOT. Although it would be highly
desirable for these improvements .to be completed by the opening of the
Mall, it would be difficult to achieve. One expediting measure could be
that Bloomington acquire.any,necessary right-of-way.
5. The total cost of these immediate area improvements including construction
• .and.right-of-way_acquisition_is.estimated_to.be $116 million, which
Bloomington proposes be paid by a legislative appropriation based on -the
new tax revenues to be generated by the project.- Existing funding sources
are limited and if not specially augmented would require a drastic
'revision of -regional and -state-wide priorities.
6. -'A process was used --to -develop a' transportation '-.-plan for Airport South;
participants in the process included a technical team with membership from
the Minnesota Department of Transportation, the Regional Transit Board,
the Metropolitan Council, Hennepin County, the city of Bloomington and the
Minnesota Pollution Control Agency. The technical team met thirteen times
to review the work. A mega -mall task force of the Technical Advisory
Committee also met four to five times to review the transportation plan.
The traffic forecasts in the Airport South transportation plan were
reviewed and generally agreed to by the Transportation Technical Team and
by the Mega -Mall Task Force.
I-494 Corridor
° •1. To serve the overall regional growth expected by the'Year 2005 and
assuming full implementation of the proposed Mallof:-AmeriLa/Fantasywor.ld
and other Airport South development, capacity up to 10 lanes of traffic
X go
Travel Demand
:1: The -existing and-proposed.development for the entire Airport South area
would generate, if no constraints are imposed, about 274,000 vehicle trips
-per-day on -an average weekday.
2. During the worst hour of the day, the evening rush hour, the entire
Airport South development would generate 30,000 vehicles per hour if no
constraints were imposed. About 10,000 vehicles would go into the area
(inbound) and 20,000 would exit the area (outbound).
3. Aggressive travel demand management techniques (i.e., transit service,
ridesharing, staggered work hours, etc..) would reduce the number of
vehicles in and out of the area, particularly during peak periods.
4. Public transit will'.or can play a modest role .in the provision of
accessibility to the Airport South area. A moderate.goal of about 550
riders per peak hour would have a minor impact on the roadway system
needs. The cost of providing the service necessary to attract those
riders could approach $8 million per year. The cost-effectiveness of -
providing those services and availability of funding would have to be
established by the Regional Transit Board prior to implementation.
b aj
LJ
and increased interchange capacity would be necessary on I-494 between
12th Av. So. and Hwy. 100.
L.
The above long-term capacity needs on I-494 west of 12th Av. So. exceed
the capacity levels (six freeway lanes) envisaged in the current
Transportation Policy Plan.
3.,
Preliminary analysis indicates that no more than eight freeway lanes
should be considered on I-494 between 12th Av. So. and Hwy. 100 because of
physical, operation, environmental, economic, financial and system -
implication constraints.
The preliminary estimate for upgrading I-494 to eight freeway lanes
.4.
between 12th Av. So. and Hwy. 100 is $250 million including construction
and right-of-way acquisition.
5.
No funding has been identified at this point to finance the potential up-
grading of I-494 outside of the immediate impact area (i.e., west of 12th
Av. So.) nor is it scheduled in any of the Minnesota.Department of
•
Transportation plans.
6.
The inclusion of either the short-term immediate impact area improvements
or the long-term improvements -on I-494 in the Minnesota Department of
Transportation programs if not specially augmented would drastically alter
regional and/or state-wide priorities and schedules.
7.
Development proposals for the entire Airport South area would n ave to be
scaled down to ensure that long-term peak -hour traffic volumes on I-494 do
not exceed the capacity of an eight -lane freeway.
8.
In addition to I-494 upgrading, the overall regional growth and the
existing.and proposed.-development.for the Airport South area could require
>additional long-term improvements-'on.metropolitan highways such -as Hwy. 77..
north of I-494, the Crosstown.and.Hwy. 5. .
Travel Demand
:1: The -existing and-proposed.development for the entire Airport South area
would generate, if no constraints are imposed, about 274,000 vehicle trips
-per-day on -an average weekday.
2. During the worst hour of the day, the evening rush hour, the entire
Airport South development would generate 30,000 vehicles per hour if no
constraints were imposed. About 10,000 vehicles would go into the area
(inbound) and 20,000 would exit the area (outbound).
3. Aggressive travel demand management techniques (i.e., transit service,
ridesharing, staggered work hours, etc..) would reduce the number of
vehicles in and out of the area, particularly during peak periods.
4. Public transit will'.or can play a modest role .in the provision of
accessibility to the Airport South area. A moderate.goal of about 550
riders per peak hour would have a minor impact on the roadway system
needs. The cost of providing the service necessary to attract those
riders could approach $8 million per year. The cost-effectiveness of -
providing those services and availability of funding would have to be
established by the Regional Transit Board prior to implementation.
b aj
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11. The 17,800 outbound vehicles leaving the site -on theeveningpeak hour
.would distribute themselves in She flollnwing.nanner
-I-494 (westbound) 4,100
I-494 (eastbound) - 4,900
Hwy. 77 (northbound) - 3,200
Hwy. 77 (southbound) .2.300
12. A total of '9,1W evening rush flour:=vehicles-(well above the capacity of
four freeway lanes) would use I-494 in the westbound direction (west of
Hwy. 77) when background traffic generated elsewhere in the region (5,000
vehicles per hour) is added to the traffic generated by the entire Airport
South.
13. A reduction of approximately three million square feet of office space in
the Airport South development proposals would be one of the possible
mitigating measures to maintain long-term traffic peak -hour volumes on I-
494 below the capacity of an eight -lane freeway.
Airports
1 Analysis of potential short-term impacts at the Minneapolis -St. Paul
-International Airport indicates substantial overall capability.of-aircraft
=and terminal facilities to -absorb the:�projected number -of -mall air
travelers. j}
�do2�
5.
An internal transit circulation system in Airport South would improve
traffic conditions on the local street system but would not have a
significant impact on the regional system. The cost effectiveness of an
internal circulation system, however, has not been established.
6.
The 20,000 outbound unconstrained peak hour vehicle trips generated by the
entire Airport South area could be reduced to about 17,800 trips if
aggressive travel demand management techniques were implemented.
7.
The Updated Transportation Plan for Airport South, prepared by the city
of Bloomington, concludes that unconstrained number of 19,214 outbound
evening peak hour vehicles could be reduced to a range between 14.100 and
16.750 outbound vehicles depending on the successf of travel demand
management techniques.
B.
'Transportation Impacts of the Mall of America and Fantasyworld, prepared
by the city of Minneapolis, estimates that the outbound traffic generated
-by-the entire Airport South development during the evening peak hour would
be between 17,300 - 20,700 vehicles.
9.
"Tfie mall proposal at'full development would -account for about 40 percent
of the vehicles leaving the.Airport South area in the evening rush hour in
2005.
10.
According to Council staff estimates, about 60 percent of the evening rush
hour traffic volumes generated by the Airport South area is -attributable
`-'
to the existing and proposed office space development (including the
two million square feet proposed by the Triple Five Corp.). Less than 25
percent would be attributable to the proposed retail and entertainment
components of the mall development.
L
11. The 17,800 outbound vehicles leaving the site -on theeveningpeak hour
.would distribute themselves in She flollnwing.nanner
-I-494 (westbound) 4,100
I-494 (eastbound) - 4,900
Hwy. 77 (northbound) - 3,200
Hwy. 77 (southbound) .2.300
12. A total of '9,1W evening rush flour:=vehicles-(well above the capacity of
four freeway lanes) would use I-494 in the westbound direction (west of
Hwy. 77) when background traffic generated elsewhere in the region (5,000
vehicles per hour) is added to the traffic generated by the entire Airport
South.
13. A reduction of approximately three million square feet of office space in
the Airport South development proposals would be one of the possible
mitigating measures to maintain long-term traffic peak -hour volumes on I-
494 below the capacity of an eight -lane freeway.
Airports
1 Analysis of potential short-term impacts at the Minneapolis -St. Paul
-International Airport indicates substantial overall capability.of-aircraft
=and terminal facilities to -absorb the:�projected number -of -mall air
travelers. j}
�do2�
K!
2. The potential highway impacts of mall -generated traffic on ground transpor-
tation access to the airport are addressed under effects of the mall on
transportation.
3. The Mall of America and Fantasyworld does not cause a substantial effect
on the regional air transportation system or on system plans
Parks
1. The proposed Mall of America and Fantasyworld may have a substantial.
effect on the regional recreation open space system and on certain other
state and federal recreation open space facilities. A substantial
increase in tourist visitation would result in sharply increased user
demand by nonresidents of the Metropolitan Area.
2. The Council's capacity to adjust the system in response to such demands is
adequate given an appropriately flexible capital improvement program •
process; an operation.and maintenance budgeting process and adequate
funding to meet the new priorities. The capital improvement program
:process:recommended-in.the-mewly.revised Recreation Open Space Development
Guide/Policy Plan has the needed flexibility. Decisions about funding
rest finally with the state legislature.
3. The Mall of America and Fantasyworld will not cause a substantial effect
on the regional recreation open space system or on system plan. r
METROPOLITAN DEVELOPMENT FRAMEWORK
1. The proposed project is located in the fully developed area. Growth in
the fully developed area through infill and reuse is encouraged by the
Metropolitan Development Framework which states that its forecasts of
population, households and employment growth on which system plans are
based should not be viewed as limiting growth in the fully developed
i area.` Growth in-excess':of.forecasts in the fully developed -area -is •
consistent with Metropolitan Development Framework if regional system
capacity is available or can reasonably be provided.
OTHER METROPOLITAN POLICY ISSUES
Housing
1. Affordable housing within reasonable commuting distance of the mall is
a concern for workers employed at the mall. Communities should review
the adequacy of existing housing plans and programs to meet the increased
need for affordable housing resulting from construction and operations
employment at the mall.
ECONOMIC AND FISCAL ANALYSIS
A-detailed-market_study..and documented -financial projections for any -major
development proposal- are essential to an evaluation of the public benefits and
public costs resulting from the proposal. Developing definitive findings with
regard to the mall has been seriously hampered because necessary market and
financial information -has -not been ---provided by the developer and the city. The
findings that follow reflect the limited data made available to the
metropolitan significance review committee.
RN
KEY ASSUMPTIONS
1. The most critical data in the economic analysis of the Mall of America and
Fantasyworld are the estimates of new tourist visits from outside the
state of Minnesota and how much they will spend. Tourist visits and the
resulting expenditures provide new income to the state that in turn
generates new jobs and increased tax revenues.
2. The developer has not provided any detailed studies to support the pro-
jected attendance. Without new tourists from out of state there are no
positive economic benefits to the region or state.
3. Estimates of receipts, employment and revenues generated by the Mall of
America vary depending on the assumptions made regarding the number of new
.out-of-state tourists and the level of their expenditures. Using the
developer's estimates of attendance, the Mall of America project would
• stimulate significant numbers of new jobs and produce new state taxes
primarily because the developer estimates that the project will attract a
significant number of new out-of-state tourists to the region.
4. Harrison Price Co., the Council's -consultant, has-concluded`that-while-the
project may attract between.15 million and.17 million people annually to
the site, the project will not increase the number of tourists coming into
the state. The Harrison Price analysis is supported by data from an
earlier study of Minnesota tourism conducted in 1977 and 1978 by Professor
Uel Blank. Uel Blank analyzed this project under contract to the city of
Minneapolis and reached the same conclusion as the Harrison Price study.
3. The following conclusions apply generally to all estimates:
The mall will capture a share of -growth --in .the region. The fewer
.tourists, the larger share of the regional market:it must capture to meet
.the. -developer's sales projections.
"As projected net new employment goes down, Bloomington captures more of
what has been created and the remainder of the region gains less.
8. 'If no significant -numbers of new -out-of-state tourists are 'attracted to
-the-region,.the .retail. -sales -and .amusement expenditures at the mall
.capture growth in regional:retail_sales. The Harrison Price report
indicates that the mall can capture its projected receipts totally from
share of regional retail growth without adversely affecting overall
existing retail operations.
Tourist Expenditure Estimates
1. The expenditure estimates
trade and convention and
developer's estimate for
the size of the amusement
for those tourists whose primary purposes are
retail shopping appear to be reasonable. The
expenditures at the amusement park are high given
proportion of the proposed facility.
BENEFITS
Receipts
1. The developer estimates that the mall will generate approximately $1.4
billion in new expenditures in the region: $541.3 million on-site and $825
million off-site.
2. The developer estimates that the mall will generate $1.2 billion in retail
sales of which $425 million comes from new tourists --the remainder ($775
million) from growth that would accrue to the region with or without the
mall.
3. Based on the developer's assumptions, the mall will capture 33 percent of
the 1995 projected baseline retail growth that would accrue to major
retail centers and the central business districts. This is off -set by the
$825 million spent off-site in other services if the tourist projections
are correct. •
4. If the developer's assumptions are reduced by approximately 50 percent,
the mall will generate $600 million in new receipts to the region and
state. Fewer induced expenditures mean the mall would capture a larger
share of expected retail growth.
Jobs
1. Based on the developer's assumptions and using the Revenue Department's
Minnesota forecasting and simulation model, the mall will create 4,551
construction jobs in 1986, 11,715 in 1987, and 8,683 in 1988. Additional
construction jobs will continue through 1993.
2. In 1995, when the mall is fully operational, the developer estimates
29,443 new jobs created in the region, of which 27,370 (full time
equivalent) will be at the mall. The Revenue Department's model estimates
27,539 new jobs for -the region and the state. .If an employment multiplier •
of 1.3 is applied to the developer's assumptions, the new jobs are reduced
to 21,263.
3. If the developer's tourist assumptions are reduced by approximately 50
percent, the Revenue Department's model estimates 9,803 new jobs to the
region/state. If there are no new tourists, there will be no new jobs.
4. The jobs generated by the mall project will provide employment
opportunities needed for low skilled or unskilled workers in the
metropolitan area.
Tax Revenue Estimates
1. The Revenue Department's model estimates that construction of the mall
will generate approximately $121 million in state taxes ($59 million
personal income, $51 million sales tax and $ll million corporate income).
2. The Revenue Department's model estimates that in 1995 the operations
phase of the mall will generate $91 million in state taxes, given the?
developer's assumptions. If the tourist assumptions are reduced by
approximately 50 percent, the mall will generate $34 million. With no new
tourists, the mall will generate no new revenue.
IA Co
E3. Triple Five Corp. most recent estimates indicate that the mall will
generate up to $206 million annually in tax revenues from operations.
COSTS
Convention Center
1. In reviewing proposals for the location of a state convention center, the
Council found Minneapolis a more appropriate location than Bloomington
based on Metropolitan Development Framework policy giving priority to
maintaining the Metro Centers as the focus of the region's commercial,
institutional, cultural and entertainment facilities.
2. Development of a convention center in Bloomington is not likely to
...generate the new convention and trade show delegates -estimated by the
developer which are 220 percent higher than the attendance projected for
• the new state convention center in a study commissioned by the state
convention center commission.
3. .If --two state-level_convention.centers_are...bui.l.t,.competition_between
Minneapolis and Bloomington for events is likely to result in significant
operating losses for the Minneapolis -convention center, which will have to
be made up from public funds.
4. The operating losses constitute a substantial effect on planned
development in the city of Minneapolis.
Public Subsidies
Fiscal Disparities
1. The Council has supported the fiscal disparities program since its
-inception and has opposed the granting of exemptions. In reviewing the
-proposals-far-the---state-convention center, the Council recommended against
the use of fiscal disparities exemption as a means of financing the
convention center.
'2.' 'The Council recognizes --the important role that the fiscal disparities
program has playedAr sharing the economic benefits that result.in large
- measure from the location of regional facilities. The Council also
recognizes the need to improve the program by reducing inequities and
eliminating existing exemptions and will support such efforts before the
legislature.
3. The proposed fiscal disparities exemption is different from other exemp-
tions in that it is rebated to the developer directly. Other exemptions
in the law are used to finance public improvements in tax increment
districts. No new exemptions have been created since the original
legislation was passed.
4. The proposed exemption from fiscal disparities could -result in an
estimated $80 million in tax base being exempted from the fiscal
disparities pool. The primary effect of the exemption is to reduce the
areawide shared tax base -.and the -resulting -tax -revenues to municipalities,
counties and school districts. Local governments could have an estimated
$8.5 to $10 million less than if the tax base were shared.
6(V
5. The effect of the exemption is to shift the subsidy of Triple Five to
other local governments by reducing the tax base and thus raising taxes.
Exemption of the project from fiscal disparities could cost the state an
estimated $2.2 million in state aids.
Tax Increment
Tax increment financing is the most flexible and effective local strategy
available to local governments to support growth and development within their
communities. To insure that tax increment financing remains available, cities
should exercise restraint in use of this tool. Hennepin County guidelines
recommend, for communities where the total assessed value of taxable real
property exceeds $200,000,000, that the estimated captured assessed value not
exceed a -maximum of.six.percent.
1.
Tax increment financing in the amount of $140 million is proposed to fund
the parking structure and_site.improvements for the Mall of America and
•
Fantasyworld.
2.
Tax increment financing could shift costs of serving the proposed
development onto other Bloomington..taxpayers. However, for this
development the increased costs for local services such as police, fire,
street repair, etc. will be offset by increases in local fees and
hotel/motel taxes paid by the project.
3.
The major tax increment financing shift associated with the Mall of
America and Fantasyworld concerns regional transit which is estimated to
cost $8.1 million. 'Costs estimated at $3.1 million annually will be
levied on the remainder of the region provided that the Regional Transit
Board is authorized by the legislature to increase its levy.
4.
-'If the transit levy isnot increased, increased transit service to the
`-mall-must-be funded by.a .legislative:appropriation...or,.by,-cutbacks.:in
•
service in other areas of the region.
Hotel -Motel Tax
1. The proposed hotel/motel-'sales tax is -consistent with Council policy:on
revenue contained in the Regional Service -and Finance Study in that
beneficiaries of a service pay the costs generated. To the extent that
visitors generate the costs related to public services and public sub-
sidies, the hotel/motel tax will be levied on the visitors as
beneficiaries.
POTENTIAL EFFECTS ON OTHER LOCAL GOVERNMENTAL UNITS
1. A second state -level convention center in Bloomington would have a substan-
tial adverse effect on the planned convention center in Minneapolis. It
would increase the.operating_deficits for the Minneapolis center and would
be likely to draw attendance away from -the planned Minnneapolis state -
level center.
2.' The proposed -state=level-.convention, center at the Mall- of America and
Fantasyworld meets the criteria in the metropolitan significance rules to
12 V
•
make a determination that a proposed project is
icance based on its substantial adverse effect
development in a local governmental unit other
Bloomington.
of metropolitan signif-
on a planned land use or
than the city of
3. An exemption from fiscal disparities would affect every community in the
metropolitan area. If the proposed project contributes to fiscal dispar-
ities, property taxes paid in all other communities are lower. If it is
exempted, taxes are higher. In this sense, the subsidy to the developer
is shifted to other local governments.
4. Exemption of this project may set a precedent that results in significant-
ly lower tax revenues for some metropolitan area communities.
5. The proposed exemption from fiscal disparities meets the criteria in the
metropolitan significance rules to make a determination that a proposed
project is of metropolitan significance based on its substantial.adverse
effect on an existing or planned land use or development in local
government units other than .the city of Bloomington.
RECOMMENDATION
That the Council determine. that the metropolitan significance regulations apply
to the proposed Mall of America -and Fantasyworld.
That the Council determine that the proposed Mall of America and Fantasyworld
causes the effects set forth in Minn. Rules 5700.0400(D) and 5700.0500.
That the Council determine that the proposed Mall of America and Fantasyworld
is of metropolitan significance.
That the Council determine that the proposed Mall of America and Fantasyworld
meets the metropolitan significance standards -for transportation system impacts
set forth in Minn. Rules 5700.0400(0) but is not appropriate for the exercise
of. the.power.:of-suspension.
That the Council determine that the appropriate action to protect the
-regional transportation system is to use the Metropolitan Land Planning.Act
process to require -any modifications - necessary to-the'proposed development -to
....insure.that=the.scale.and timing of the development do not exceed.the capacity
of the regional transportation-system.and_do--not-affectthe-timing.andfunding
of other elements of the regional transportation system. An acceptable
comprehensive plan amendment will be necessary before the city of Bloomington
will receive approval for sewer connections and interchange construction
required to serve the development.
That the Council determine that procedures should be initiated to amend the
regional transportation plan to address the magnitude and timing of the
immediate area highway improvements in conjunction with the development of the
Mall of America and Fantasyworld. New funding sources will be necessary to
insure that state and regional-priori.ties:are maintained -for -other elements of
the regional -transportation system.
That the Council determine that the proposed Mall of America and Fantasyworld
meets the -metropolitan significance standards for.substantial effects.on
M
planned development in local governmental units set forth in Minn. Rules
5700.0500 but is not appropriate for the exercise of the power of suspension or
amendment.
That the Council determine that only one new state -level convention center can
be accommodated in the Metropolitan Area, and the location most supportive of
Council policy is in the metro center of Minneapolis.
That the Council reaffirm its long-standing commitment to the fiscal dispar-
ities program. The Council will actively oppose this exemption and any other
proposed exemptions from the fiscal disparities program before the legislature
and will actively support positive steps to improve the program and to
eliminate any existing inequities and exemptions.
The Metropolitan Significance Review Committee further recommends
That the Council institute a study to"determine an ultimate design concept for
the I-494 corridor to accomodate regional growth; the study to be undertaken by •
the Council in cooperation with the Minnesota Department.of Transportation.and
affected local communities. The study -could lead to a modification of the
metropolitan transportation system -plan which -in turn will require modification .
of the plans of local governments affected'by the -system plan.
That the -Council use the local plan amendment process under the Metropolitan
Land Planning Act to accomplish the following:
To scale down development proposals for the entire Airport South area
in order to maintain long-term traffic volumes on I-494 below the
capacity of an eight lane freeway. Because of its large peak -hour
trip generation characteristics, office space development for the
entire Airport South area should be considered as a prime candidate to
be reduced or converted to a land use that generates fewer peak -hour
.trips.
,-To require, the: �Jmplenentation_of aggressive travel demand- management - - •
techniques in conjunction with"the proposed development for the entire
Airport South area. Transit options should be closely evaluated by
'the- Regional Transit Board prior to implementation to -determine their
cost-effectiveness.
PPOOOY/PHDEVI
1•
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Madiew,vnt l
COMMENTS BY INTERESTED PERSONS
PUBLIC HEARING ON MALL OF AMERICA AND FANTASYWORLD
NOVEMBER 21, 1985
List of Interested"Persons
Jay Gould, Bloomington resident representing himself
Dale Simonson, Bloomington resident representing himself
Mike McGrath, Bloomington resident representing himself
Charles Cook, representing the Bloomington Convention and Tourist Bureau
'Sheila Grundstrom, operator of Grandview resort representing herself
Ahmid Kahlifa, representing the Minority Input Committee
Alfred Babbington -Johnson, representing the National Association of Minority
Contracts of Minnesota
.Bob Gunderson, representing the Richfield Chamber of Commer
'Paul McCarron, Anoka County Commissioner, representing Anoka County
Jack:Carlson, representing Citizens Committee in Favor.of the Mega Mall
'Don Gruen, representing the Bloomington Chamber -of -Commerce
Gary Berg, representing the Minnesota United Auto Workers State Community
Action Program
Lloyd Schultz, Lonsdale, Minnesota, representing the Sellner Manufacturing
Company of Faribault, Minnesota (Tilt -A -Whirls)
Dick Ganglhoff, representing the city of Robbinsdale
Charles Weaver, representing the Anoka -Hennepin School District
Robert King, representing the Downtown Council of Minneapolis
Robert Thomas, Representing the Minneapolis Convention.and.Visitor Commission
Jeff Sokol, resident of Plymouth, representing himself
Daniel Smith,-resident.of.Burnsville, representing himself
Written'Statements Submitted
The'foldowing.submitted written statements which are attached.
'.Dale_.Simonson,_2815 Overlook.Drive, Bloomington,.MN_55431.submitted Nov_ 21,
1985
Donald Groen, Bloomington Chamber of Commerce, submitted Nov. 21, 1985
Letter dated Nov. 18, 1985 from Pat Wanless, 1126 Engelwood, St. Paul, MN
Letter dated Nov. 22, 1985 from Twin West Chamber of Commerce, 400 South County
Road 18, St. Louis Park, MN 55426
Charles Cook, Bloomington Convention and Visitors Bureau, submitted Nov. 21,
_1985
Letter dated Nov. 25, 1985 from John Frin, 6332 Wilryan Avenue South, Edina, MN
55435
9Z)
Letter dated and received Dec. 2, 1985 from H. William Lurton, Chairman of.
Jostens, 5501 Norman Center Drive, Minneapolis, MN 55437
Letter dated Nov. 27, 1985 from James Krautkremer, Mayor of the city of
Brooklyn Park, 5800 85th Avenue North, Brooklyn Park, MN 55443
Letter dated Nov. 29, 1985 from Patrick Colbert, Jr., President of the American
State Bank of Bloomington, 4200 West Old Shakopee Road, Bloomington, MN 55437
Notes on a phone call received by Josephine Nunn, Metropolitan Significance
Review Committee Chair, from Father Leonard Leander on Dec. 2, 1985
The followina items were received after the close of the public hearinq and
Letter dated Nov. 4,'1985 from John F. Karr, President 'of the'Met Center, 7901
Cedar Ave. South, Bloomington, MN 55420
•
Newspaper tlippings received December 4,"1985 from C. Sandberg, no address
given.
Summary of Comments
Jay Gould stated that 83 percent of the project was financed by public money
with only ten percent risk assumed by Triple Five Corp. City residents will
pay more tax to support services for the Mall. He objected to the signage
provisions, to the potential impact on the Jordan acquifer from dewatering and
expressed concerned for retail development in out -state communities.
Mike McGrath stated that the Mall has given Bloomington a sense of
community. There is unity on.the,Mall concept and the people of Bloomington
will -be affected beneficially.
.,:Charles Cook.disagreed.wi.th the-" one -convention.:center°.argument:-statirg_that•
there was enough business for both: -Bloomington's -site is preferred._because of
its proximity to shopping and to the airport.
Sheila Grundstrom expressed concern -regarding unemployment -in -northern
Minnesota. She stated that jobless from the north could get some -of the:Mall
jobs. She estimated that $l million spent on °lodging generates $2.8 mi91ion in
other spending.
Ahmid Kahlifa stated that the West Edmonton Mall has dynamism. Triple Five
Corp. will sign a fair share agreement with NAACP with an estimated $150
million in contracts for minority businessmen.
Alfred Babbington -Johnson supported the project. Both construction and
operations jobs have been pledged for minority maximum participation.
Bob Gunderson supported project and indicated.that Richfield needs
_ _
-revitalization and will be aided by the project, -especially on its southern and
eastern boundaries.
C1!
Paul McCarron,Anoka County Commissioners, spoke for Anoka County in
opposing the exemption for fiscal disparities. The county supports changes to
the fiscal disparities law to improve it but not exemptions that would lead to
its demise; the county also supports the abolition of existing exemptions. The
county is also concerned about the potential redistribution of highway funding.
Jack Carlson stated that the Mall is right for Minnesota and the state should
be happy to have $1.2 billion coming into the state. He disagreed with the "no
net tourist" conclusion. A major concern is the perception of businessmen
regarding the atmosphere in the state for development if the Mall is rejected.
The convention center makes sense as a tie-in with entertainment and shopping.
With regard to fiscal disparities, he stated that spin-off development would
substitute for the dollars lost.by the exemption.
„ -_.Don Groen.asked .that the .committee look at opportunities; that the two
convention centers will serve different markets; that money needed for
• transportation improvements will come from the project; that no concerns has
been expressed by local retailers; and that the CBDs are no longer the primary
retail centers in the region.
Gary Berg stated 'that :unions ar..e-interested 1n the -project because it will
provide jobs for the unemployed:because of .layoffs or plants that have moved to
Europe.
LLoyd Schultz displayed a copy of his company's newest ride, the Astro Base
Command and indicated his company's interest in an entertainment center in
Bloomington. He stated his support of the Mall as an economic benefit to the
area.
Ddick Gangelhoff opposed the granting of an exemption to fiscal disparities
for the project. The fiscal disparities' -program has worked well and granting
_ the exemption would open the door for conflict between communities.
'?Charles'Weaver opposed -the exemption -to fiscal.idisparities:. The fiscal
• disparities program was designed to compensate communities that did not receive
regional highways, sewers, etc and the economic benefits that accompanied those
regional services. No exemptions have been granted since the inception.of .the
program. `The Metropolitan Losers group recommended the elimination of
exemptions.
Robert King stated that the city of Minneapolis has the critical mall needed
to support a convention center. Minneapolis gets repeat conventions and needs
increased capacity to handle bigger shows. The testimony before the Brutger
commission indicated interest in the CBD for a convention center and no
interest in two convention centers.
Robert Thomas concurred with the Minneapolis site for the convention center.
His commission has increased its committment to $250,000 lkto promote tourism
and convention business in downtown Minneapolis. Both the city and the
business community have demonstrated their committment to the convention
center. In the Decision Resources poll, the respondents overwhelmingly chose
Minneapolis over Bloomington on each characteristic.
Jeff Sokol -considered himself -a neutral party aggravated because the downtown
interests of Minneapolis have unfairly -stepped into this issue. Bloomington
should be allowed to encourage free enterprise.
90--
Daniel Smith stated that the Mall represents a significant investment in
Minnesota and Minnesotans and that participation in fiscal disparities should
be waived for this site.
PPOOOE/PROTX3
IN
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MEMO TO: TOM HEDGES, CITY ADMINISTRATOR
FROM: DALE PETERSON, CHIEF BUILDING OFFICIAL
DATE: NOVEMBER 26, 1985
RE: ALLEGED DUMP SITE IN THE BRITTANY ADDITIONS
• There was a site used for dumping construction materials near Shevlin Court in
Brittany 4th Addition several years ago. At that time, Dakota County's
Department of Human Services became involved and the issue was resolved by a
_ -.partial cleanup.. -1. became aware. of...another site being used -for waste
.,construction materials -recently, but -on -investigation` it had been removed or
buried. I understand that the site was somewhere_on Outlot A in Brittany 8th
Addition which has now become Brittany 9th Addition. I will be available to
discuss with you further actions.
Blue Cross and
Blue Shield
d K&vmsote
Copy To:
E
Interoffice Memo
To: Ed Michaud, President, Dakota County Chamber of Commerce
Paul Hauge, President, Eagan Chamber of Commerce
XBea Blomquist, Mayor of Eagan
Larry Kraning, Chair, Eagan Chamber Economic Development Committee
From: Lou Clark, Blue Cross and Blue Shield of Minnesota
Date: December 5, 1985
Subject: ENCLOSED LETTER
•
Enclosed is a letter which Andrew P. Czajkowski, President, Blue Cross
and Blue Shield of Minnesota set to MN D.O.T. and Dakota County. In it
you will note BCBSM's concern over the safe access to our Eagan Facility
during the time that Yankee Doodle Road is being rebuilt.
In addition to those listed on the letter, copies are being sent to:
Larry Figgims,- Dakota County
Tom Colbert, Eagan
Kermit McRae, MN D.O.T.
Dick Elasky, MN D.O.T.
Any assistance that you can provide will be appreciated. If you have any
questions or comments, please feel free to contact me on 456-8030.
LRC/mbo
Enclosure
F1 a30 -R 1 -
Blue Cross and
Blue Shield
dMnnesda
P.O. Box 64560 • St. Paul, Minnesota 55164
November 27, 1985
Mr. Robert Vockrodt
MN Department of Transportation
District 9 - Oakdale
3485 Hadley Avenue North
North St. Paul, MN 55109
Mr. Robert Sandeen
"Dakota -County Government Center
1560 West Highway 55
,S Hastings, MN 55033
Dear Gentlemen:
I am writing to you .on-behalf._.of. Blue.. -Cross and Blue Shield
of Minnesota (BCBSM) and a concern that we have regarding an
anticipated traffic problem.
BCBSM is the state's largest provider of prepaid health care
coverage with service locations throughout Minnesota. We
currently employ over 1,600 individuals of which over 1,550
are located at our Eagan facility. Currently those 1,550
employees have access to the Eagan facility by two roads,
Blackhawk and Yankee Doodle.
Yankee Doodle .Road -intersects Righway.13 .with a .semaphore
• "-light -=interchange.:=::The :only - . access , :to Highway_13 _ -from
Blackhawk is by way of a stop sign on-Blackhawk. Beginning
in .the Spring of 1986, Yankee Doodle will be closed for
_recons.truction -,resulting . _in -1,550 .BCBSM .,_employees _having
access.to Highway -13 -only through a stop sign.
The purpose of-my'letter is-to'request that action be taken
to alleviate the situation at the intersection of Blackhawk
and Highway 13. We strongly recommend that a semaphore light
be installed at that intersection.
While we can understand that there may be some question as
to whether this intersection is the responsibility of the
State of Minnesota or of Dakota County, our concern is over
the safety of our employees. We feel that without a
semaphore.. light...at..__that intersection,.. there. is ..no .safe or
adequate access for 1,550 BCBSM employees -
9 �
mployees_
9(�p
So that you can better understand and
pated problem. I have requested Louis
Human Resources, to work with you. He
Dakota County Chamber of Commerce will
schedule a visit to the site.
visualize the antici-
Clark, Sr. Manager of
or Bill Escher of the
be contacting you to
Hopefully, proper measures will be taken to assure the
safety of our 1,550 BCBSM employees. On behalf of BCBSM, I
thank you for your prompt attention to this situation.
Sincerely,
Andrew P. Czajkowski
President
"cc Richard Braun, MN DOT
Bill Escher, Dakota Chambers
Tom Hedges, City of Eagan
Larry Wenzel, Eagan Chamber
a
U
Mr. Chairman and members of the Hearing Panel, I am Mayor Bea
Blomquist of the City of Eagan, Minnesota. Eagan and its neighbor,
Mendota Heights, lie southeast of the parallel runways at
Minneapolis - St. Paul International Airport. These parallels are
the principal runways for air traffic, typically handling between
50 percent and 60 percent of all departures and arrivals at the
airport. The impact of deregulation on our community is especially
profound as approximately half of all increases in volume directly
affect us.
Throughout the years, the City of Eagan has cooperated effectively
with the Metropolitan Airports Commission in approaching local
solutions to a wide variety of airport issues. The cities which
surround the airport recognize the significant amenity it provides
and we realize that our best interests are served by its efficient
operation. However, the substantial increase in aircraft oper-
ations since deregulation has brought into focus the negative
noise impacts of this amenity.
This hearing is an important indication of the FAA's willingness
to listen to local concerns and be sensitive to them. Too often
the.::airport"'.s_multiple a avers of 'responsibility and the complexity
of .its issues are intimidating and frustrating for those outside
the industry,. We appreciate this chance.. to address you directly
as any effective solution to our post -deregulation noise problems
must come at the federal level.
It is obvious that the long-term solution lies in changing tech-
nology. It is essential that the FAA encourage financial and
procedural incentives for the purchase and use of Stage III air-
craft. Unfortunately, major carrier fleet conversion to quieter
aircraft will result in the sale of the Stage .II aircraft to
smaller carriers. Therefore, disincentives to :their production
and use should be -encouraged by .the FAA as well. Taking this a
..:step_..fur.ther, ..-the FAA .:should pursue _avenues .moo -encourage .research
and development-of"Stage"_IV technologies.
In the near'. term, it is important that _the FAA .make efforts --- to..be
increasingly, responsive- to-- noise""affected— communities. Cities -can
control -land .uses -to minimize noise impacts .in certain corridors,
but it does little good.if.the -.high.volume -of operations -results
in increased air traffic over incompatible areas. In Eagan, we
realize that we will always absorb a disproportionate amount of
airport noise. But when that noise becomes unbearable to our
citizens, we need to know that our quality of life will be
considered by the FAA along with efficiency and safety.
The environmental capacity to absorb aircraft noise is being ex-
ceeded in cities across the nation. Federal action is essential
to correct this situation and to hasten the implementation of
noise reducing technologies.
I thank you for this opportunity to speak before the panel.
MA
®F
3830 PILOT IMB ROAD. P.O. BOX 21M9
BEA BLOMQUiST
EAGAN. MiMVESOTA 55121
Mo
PHONE: (6M 451-8100
THOMAS EGAN
JAMES A SMITH
JERRY THOMAS
THEODORE WACHTER
Cwrcd Members
December 10, 1985
THOMAS HEDGES
City Atlmossbota
EUGENE VAN OVERBEKE
City Cwk
a1. Be: Appointment to Developers Task Force
_Dear
I am pleased to. inform you -that -your -:•peers have chosen you to
represent developers as a member of our developers task force.
Attached is a copy of a policy statement that was prepared by the
City of Eagan for your review.
The first meeting of the developers task force is planned for
2:30 P.M. on Thursday, December 19, 1985. At that meeting,
various members of the City staff will discuss the Committee's
main objective and that is to. further review and refine the
City's developers escrow_policy.
-commitment_to_serve-.-as .a member -of :the Committee -.is ... greatly ...._
.appreciated.` 'Other -members =serving- on -the •devel'opers_:task.=force
. are listed on the attached sheet.
-.Sincerely,
Thomas L. Hedge
City Administrator
TLH/j j
Enclosure
G9
THE LONE OAK TREE. ..THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY
f.
POLICY STATEMENT
DEVELOPERS TASK FORCE
I. PURPOSE
The City of Eagan derives substantial benefits from the efforts of
developers active within the community. Likewise, property developers
enjoy Eagan's unique advantages which contribute to the success of their
projects. As the community grows, it becomes increasingly important to
maintain avenues of communication with those active in that growth. To
accomplish this, it becomes necessary from time to time to formalize
such communication for the specific purpose of reviewing a particular
issue. For this reason, the City of Eagan desires the formation of a
Developer's Task Force to consider the matter of the City's Developer's
..Escrow Policy.
II. POLICY
It is the Policy of the City of Eagan to maintain communication with its
development.commmunity through -the formation -of -a Developers Task Force.
The Developers Task Force shall 'meet on an ad hoc basis to address
specific issues and shall not be :a. standing committee. The Task Force
shall consist of two (2) developers, two (2) builders, one (1)
contractor, one (1) City Council member, one (1) Advisory Planning
Commission member and five (5) members of City staff. The Task Force
shall conduct itself as a committee moderated by a chairman of its
choosing and shall have as its end a report summarizing its discussion
of the merits and conditions of the issue brought before it.
III. PROCEDURE
Policy implementation .shall -be..accomp]Ishad as follows.
Members.from the development community shall be elected by their
psers:byrmeans.of_a_direct.mail request:to:each=of:'the -groups above
..described. Members from the City Council and Advisory Planning
`Commission: shall - -be %appointed - by -the mayor :and -chairman
respectively. Members from the City'Staff shall be appointed at the
discretion of the City Administrator.
B. Meeting
The Developers Task Force shall not be constrained to a specific
meeting schedule, but it shall meet with sufficient frequency to
complete its discussion and forward its report to the City Council
and Advisory Planning Commission by January 15, 1986.
C. Objectives
The Developers Task Force shall have the following objectives:
1. "To, develop and encourage -:an open -communication between the. City
of Eagan and its development community.
100
PAGE 2
2. To review and discuss the merits and conditions of the City's
Developers Escrow Policy.
3. To define the specific issues which relate to the
implementation of the Escrow Policy and, where possible, reach a
consensus on their resolution. These issues should include, but
not be confined to, responsibility for development costs,
development financing assumptions, procedures in other
communities and refinements of procedure.
4. To outline the issues raised and their resolution, if any, in a
report to be presented to the City Council and Advisory Planning
...Commission at their first meetings after January 15, 1986.
5. To choose a person or persons to present such report and speak
on behalf of the Task Force at the Council and Commission •
meetings.
IV. RESPONSIBILITY
The City Administrator, or designee, shall be responsible for the.
coordination of the Developers Task Force.
V. AUTHORITY
The Developers Task Force was authorized by the City Council at its
October 1, 1985, meeting.
APPROVED:
0 1
DATE:
is
Developers Task Force
._Gary Fuchs
Rod Hardy
Pat Hoffman
Mark Johnson
Loren Spande
Tom Hedges
Tom Colbert
Dale Peterson
Dale Runkle
Ges:e Var.Overbeke
City Council and Advisory
Staff Support
Jon Hohenstein
Eagan Construction
Sienna Corporation
Advance Developers
Mark Johnson Construction
Developer's Construction
City Administrator
Director of Public Works
Chief Inspector
City Planner
Finance Director
Planning Commission members
Administrative Assistant
/ 0 a --
to be determined.
Pl�
ADMINISTRATIVE AGENDA
REGULAR CITY COUNCIL MEETING
EAGAN, MINNESOTA
DECEMBER 17, 1985
CITY ATTORNEY
1. Findings of Fact, Conclusion of Law and Order for Judgement
CITY ADMINISTRATOR
1. Sale of City Vehicles
2. Three -Mile Departure Corridor
3. Community Development Block Grant Program
• 4. 1986 Commpensation Plan for All Non -Collective Bargaining
Positions
5. Seasonal Temporary and Part -Time Skating Rink Attendants
DIRECTOR OF PUBLIC WORKS
1. Project 458, Feasibility Report - Special Assessment
(Eagandale Industrial Park - Storm Sewer)
•
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
FROM: CITY ADMINISTRATOR HEDGES
DATE: DECEMBER 16, 1985
SUBJECT: ADMINISTRATIVE
CITY ATTORNEY
1. Findings of Fact, Conclusions of Law and Order for Judgment --As
a part of an informational memo that was sent out December 6,
1985, the findings of fact, conclusions of law and order for
judgment on the Anthony Capoini vs Arnold Carlson, City of Eagan
case was included. - There are some recommendations listed in
a letter dated December 2, 1985, that require direction by the
City Council. In case any member of the City Council has misplaced
his/her copy, another copy is enclosed for your review on pages
• L�through�L.
ACTION TO BE CONSIDERED ON THIS ITEM: To direct the City Attorney
regarding various recommendations that are made by his office
in the December 2 correspondence.
CITY ADMINISTRATOR
1. Sale of City Vehicles --The Director of Finance/City Clerk
has received bids for the sale of City vehicles that have been
designated surplus property. The high bidder for the 1983 LTD
is Donn Smith in the amount of $1,765.25, while the high bidder
for the 1977 LTD used by Engineering is Viking Auto Salvage in
the amount of $279. There were four (4) bidders for the 1983
LTD and three (3) for the 1977 LTD.
• ACTION TO BE CONSIDERED ON THIS ITEM: To sell the 1983 LTD and
1977 LTD that have been designated surplus property to the highest
bidders.
2. Three -Mile Departure Corridor --Mayor Blomquist has been serving
as a member of the Governor's Task Force on Airport Noise and
questions have been raised regarding the three-mile departure
corridor that is supposed to be used for runways 11L and 11R.
Since deregulation, many of the airplanes have been turning at
approximately two to two and one-half miles causing a considerable
noise impact on those residents in northern Eagan. The three-mile
departure corridor was established as a part of an agreement
between MAC and the City of Eagan in the early 1970's. This
resolution, a copy is attached and referenced as pages_/(wand
Jover, will again support the agreement of record with the
nor's Task Force as it continues its study and formulations
of recommendations for handling airport noise.
ACTION TO BE CONSIDERED ON THIS ITEM. To approve or deny the
three-mile departure corridor for parallel runway departures
over Eagan & Mendota Heights as suggested.
/D 3
3. Community Development Block Grant Program --According to City
Planner Runkle, the community development block grant program
for 1986 has been advertised requesting input for eligible
projects. There were no groups or organizations that submitted
any requests and, therefore, the activity which the three cities
are recommending --a district three housing rehabilitation program
for low and moderate income families --is apparently progressing
along as a favorite for the block grant program. The City Planner
will be available on Tuesday to further explain any part of the
program with the City Council.
ACTION TO BE CONSIDERED ON THIS ITEM: There is no action required
on this item at this time.
4. 1 1986 Compensation Plan for All Non -Collective Bargaining
Positions --A compensation plan was prepared for all non -collective
bargaining employees and is enclosed for review and consideration.
The results from comparable worth should be available in early •
January and a plan will then be considered for adoption and submit-
tal to the State during the winter. The compensation plan for
non-union personnel evaluated all positions through an external
comparison and did not compare positions internally which will
be performed through comparable worth.
ACTION TO BE CONSIDERED ON THIS ITEM: To consider a compensation
plan for 1986 for all non-union positions.
5. Seasonal TempoFary and Part -Time Skating Rink Attendants --
Enclosed on page -,X/, is a list of individuals who are being recom-
mended for employment as skating rink attendants for the 1985-1986
season by the Director of Parks & Recreation.
ACTION TO BE CONSIDERED ON THIS ITEM: To approve or deny the list
of part-time employees as presented.
is
DIRECTOR OF PUBLIC WORKS
1. Project 458, Feasibility Report - Special Assessments (Eagandale
Industrial Park - Storm Sewer) --At the November 19 Council meeting
she feasibility report for the above -referenced project was pre-
sented to the Council for their consideration of scheduling a public
hearing to install two separate sub -trunk storm sewer facilities
within the Eagandale Industrial Park. As a part of the discussion
of the presentation of that report, the Public Works Director dis-
cussed with the Council the potential objections that might be
received from levying a special assessment for storm sewer facili-
ties against property within the benefited drainage basin that
is already developed and serviced by the existing storm sewer facil-
ities. As a result,the Council requested additional information
providing a breakdown'between the developed lots versus undeveloped.
Enclosed on pager is a map showing this brea:cdown of the bene-
fited drainage area.
• The total undeveloped property within the drainage basin comprises
62.688 of the drainage basin. If the entire cost of this project
were assessed against that property only, the assessment rate would
increase from 9.2C/S.F. to 14.64/S.F. If the project as originally
proposed were to be assessed against all the property within the
benefited drainage basin as proposed in the feasibility report
and if all of the developed property were successful in a special
assessment appeal, the City's potential liability would be $152,629.
Of the 25 remaining undeveloped lots within this project's benefited
area, 18 are owned by Northwestern Mutual Life Insurance Company
(Tom Davis)., 6 are owned by ALSCOR Investment (NWML & Opus) and
1 is owned by Chicago Tube and Iron Company.
The Public Works Director will be available to discuss in further
detail various ramifications associated with different methods
• of assessing the cost of this needed improvement.
ACTION TO BE CONSIDERED ON THIS ITEM: To determine a method of
special assessments for Project 458 (Eagandale Center Industrial
Park - Storm Sewer).
City Administrator
16,
PAUL H. HAUGE
KEVIN W. EIDE
DAVID G. KELLER
LORI M- BELLIN
MICHAEL J. MAYER
Mr. Thomas Hedges
City Administrator
3830 Pilot Knob Road
Eagan, Minnesota 55122
HAUGE, EIDE & KELLER, P.A.
ATTORNEYS AT LAW
CEDARVALE PROFESSIONAL BUILDINGS
3908 SIBLEY MEMORIAL HIGHWAY
EAGAN, MINNESOTA 55122
December 2, 1985
Re: Caponi v. City of Eagan, Carlson, Bonnestroo et al
• Dear Tom:
AREA CODE 612
TELEPHONE 454-0224
We have just received the order from Judge Breunig of the Dakota County
District Court based upon the trial of August 27, 1985 concerning the Caponi
claim. After approximately five years since the action was started and many
court appearances, the following are some comments regarding the action:
1. You will note by the enclosed set of findings, conclusions and order that
.Mr. Caponi was successful in receiving judgment for $55,900 against four
defendants, Arnold Carlson, Robert Tilsen, City of Eagan and Bonestroo,
Rosene.
2. As to each of the defendants, each one is obligated to pay one—quarter of
the award.
3. There is no award for attorneys fees on behalf of any party, although,
• there are some costs the Mr. Caponi would be entitled to under the
statutes.
4. You may recall that Rome Insurance Company which was the applicable Eagan
Liability carrier in the fall of 1984 determined that it would no longer
defend on behalf of the City claiming that the action was one basically
an inverse condemnation. Although we were successful in receiving a
decision from Judge Breunig that it was not in the nature of inverse
condemnation, but rather one of a claim for damages Home continued to
refuse to defend.
5. You will also note by the decision that both Bob Tilsen and the Bonestroo,
Rosene office settled with Caponi prior to trial and each made a payment
somewhat less than the approximate $14,000 judgment against each. It is
our understanding that they will not be required to pay an additional
amount, but that Mr. Caponi will not be entitled to the differential.
6. It is clear from the experience that the City must acquire necessary
permits when lake levels are being affected, including permits through the
Department of Natural Resources.
7. In addition, the decision includes a finding that a 12" outlet pipe was
installed one foot higher than designed by the engineering firm.
Apparently, the inspection did not detect the error in the construction.
//1)
' 'STATE OF MINNESOTA
COUNTY OF DAKOTA
Anthony Caponi,
Plaintiff,
-vs-
Arnold Carlson, City of
Eagan, a Minnesota
corporation, et al,
Defendants.
DISTRICT COURT
FIRST JUDICIAL DISTRICT
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER FOR JUDGMENT
Fi. No. 87177
The above -entitled action came on for trial on August 27, 1985 •
before the -undersigned at the Courthouse, City of Hastings, Dakota
County, Minnesota.
Appearances were as follows:
Thomas J. Rooney, Esq. appeared on behalf of the Plaintiff;
E.C.Meisinger, Jr., Esq. appeared on behalf of defendants Arnold
Carlson, Fred Fredrickson and Fred Fredrickson Excavating Company,
and Kevin Eide, Esq. appeared on behalf of the City of Eagan.
Prior to trial the claim against the State of Minnesota was •
dismissed and the claims against Bonestroo, Rosene & Anderlik and
against Robert Tilsen were settled under a covenant authorized by
precedents.
The Court, having considered the evidence presented in the
mandamus proceeding and this proceeding, the exhibits, the arguments
of counsel, their memoranda, all records of proceedings in this
mutter and being fully advised, makes the following:
FINDINGS OF FACT
1. Quigley Lake is located in the north half of Section 27,
Township 27 North, Range 23 West, Dakota County, Minnesota. The
/j
1'l
lake is non meandered and the land beneath is.privately owned.
2. Plaintiff owns 43 acres of land described as the:
N.W. 1/4 of the N.E. 1/4 and the
West 99 feet of the N.E. 1/4 of
the N.E. 1/4, Section 27, Township
27, Range 23, Dakota County, Minnesota.
3. The above land encompasses almost all of the bed of the lake.
4. Defendant, Arnold Carlson, owned a small area along the
west and south shoreline of the lake.
5. Quigley Lake drained naturally to the west and south to
Carlson Lake.
6. In the year 1974, without governmental authority, Arnold
Carlson constructed an earth berm approximating eight feet in height
which permanently dammed the natural drainage ditch entering Carlson
Lake.
7. Between 1974 and 1977 Quigley Lake had no outlet. Without
the dam the area along the west and south side of Quigley Lake could
not have been used for homesites.
8. The City knew or should have known that without an outlet
•
Plaintiff's land would be
subject
to flooding.
9. Notwithstanding,
the City
approved plats and granted permits
for the construction of homesites along the westerly and southerly
area of the lake.
10. The urbanization of the area in the form of road surfacing,
landscaping and other'development authorized by the City, substantially
increased water runoff on to Plaintiff's land.
11. In the year 1977 the City constructed a new outlet between
Quigley and Carlson lakes consisting of a twelve inch pipe extending
from the southwest corner of Quigley Lake in a westerly direction
/d/
to Carlson Lake.
12. The storm sewer was established under the direction of the
Engineering firm of Bonestroo, Rosene s Anderlik.
13. In error the twelve inch pipe was installed one foot higher
than designed by the engineering firm.
14. After discovery of the error in the elevation of the drainage
pipe in the year 1979, the City of Eagan applied to the Department of
Natural Resources for a permit to maintain the structure as installed.
15. Prior to that time, no permits to establish an outlet were
applied for or issued even though required by law.
16. The physical facts established by the testimony and exhibits •
show that the combined conduct of Arnold Carlson, Robert Tilsen, City
of Eagan and Bonestroo, Rosene s Anderlik caused permanent flooding to
Plaintiff's land.
17. Defendants above-named knew or should have known that the
abnormal character of their respective activities would result in
permanent damage to the land owned by Plaintiff.
18. Plaintiff failed to establish that other named Defendants
contributed to his loss. •
19. The evidence reasonably supports a finding that the combined
unreasonable conduct of the above-named Defendants dininished the per
acre value of Plaintiff's land by approximately One Thousand Three
Hundred ($1300.00) Dollars.
20. while the conduct of the City does not constitute a taking
under Minnesota law, it was such as to deprive it of immunity from
a claim of damages.
21. Plaintiff's action was commenced within two years from the
time damage occurred to his land.
22. Each of the Defendants equally contributed to the damages
//D
-3-
sustained by Plaintiff.
23. Defendant Carlson failed to establish facts necessary for relief
on his counterclaim.
CONCLUSIONS OF LAW
1. Plaintiff shall have judgment against Defendants Arnold Carlson,
Robert Tilsen, City of Eagan and the firm of Bonestroo, Rosene &
Anderlik in the sum of Fifty-five Thousand Nine Hundred ($55,900)
Dollars.
2. As between Defendants, each shall be obligated to assume and
• pay one-quarter of the damage award.
3. Plaintiff shall take nothing by his causes of action against
other Defendants.
4. Defendant Arnold Carlson shall have no relief on his counter-
claim.
JUDGMENT SHALL ENTER ACCORDINGLY.
A 30 day stay is entered.
Dated this 2 2,:,.day of November, 1985.
-4-
THE COURT:
Rollert J reunig
Judge, ist Judicial Dist.
.Y
CITY OF EAGAN
RESOLUTION TO MAINTAIN
THE THREE MILE DEPARTURE CORRIDOR
FOR PARALLEL RUNWAY DEPARTURES
OVER EAGAN AND MENDOTA HEIGHTS
WHEREAS, the City of Eagan has provided a corridor of
land uses largely compatible with overflights by aircraft located
along the City's northern boundary; and
WHEREAS, the corridor corresponds with the Minneapolis -
St. Paul International Airport Runway Use Program for Noise Abate-
ment guidelines promulgated by the Air Transport Association,
Metropolitan Aircraft Sound Abatement Council, Metropolitan Air-
ports Commission and the Federal Aviation Administration; and
WHEREAS, said guidelines require that aircraft departing
the airport on runways 11L and 11R "be issued heading 105 (degrees) •
which will insure that aircraft will remain clear of the Mendota
('Heights)/Eagan noise sensitive areas;" and
WHEREAS, the only qualification to such heading shall be
when diverging headings are necessary to safely manage successive
or parellel departures in which case headings shall be given
between 90 degrees and 105 degrees for Runway 11R and between 90
degrees and 110 degrees for Runway 11L; and
WHEREAS, the guidelines require that all aircraft main-
tain any such departure heading until at least three miles from
the departure end of the runway; and
WHEREAS, these headings and requirements were first
promulgated in 1972 and have continued in force and effect since
._that time; and
WHEREAS, the operation of aircraft outside the corridor •
for .any reason results in an intolerable.situation for Eagan resi-
dents; and
WHEREAS, said requirement .is one of the most effective
sound abatement procedures available at the Minneapolis -St. Paul
International Airport when it is properly used; and
WHEREAS, it has come to the attention of the City of
Eagan that certain parties have made and continue to make efforts
to eliminate the three mile climb on heading requirement for air-
craft departing Runways 11L and 11R.
NOW, THEREFORE, BE IT RESOLVED, that the City of Eagan
appose any and all efforts to eliminate -the departure headings .and
the three mile climb on heading requirements of the Runway Use
Program for Noise Abatement for the Minneapolis -St. Paul Inter-
national Airport dated May 1, 1984, and
�/v
r
BE IT FURTHER RESOLVED, that the Federal Aviation Admin-
istration instruct departure controllers to adhere closely to these
requirements for departures on Runways 11L and 11R by giving such
aircraft only those headings prescribed by the Runway Use Program,
Part, V, Section 3,i and monitoring departures to assure a three
mile climb on heading before turn.
• MOTION MADE BY:
SECONDED BY:
THOSE IN FAVOR:
THOSE OPPOSED:
DATED:
CITY OF EAGAN
CITY COUNCIL
By:
Mayor
Attest:
.Its Clerk
CERTIFICATION
I, E. J. VanOverbeke, Clerk of the 'City of Eagan, Dakota
County, Minnesota, do hereby certify that the foregoing resolution
.was auay passed and adopted by the City -Councl7_.of the .City oT
• Eagan, Dakota County, Minnesota, in a regular .-meeting .-thereof
assembled this 17th day of December, 1985.
E. J. VanOverbeke, City Clerk
City of Eagan
//3
MEMO TO: HONORABLE MAYOR & CITY COUNCILMEMBERS
TOM HEDGES, CITY ADMINISTRATOR
FROM: KEN VRAA, DIRECTOR OF PARKS & RECREATION
DATE: DECEMBER 13, 1985
RE: SEASONAL TEMPORARY & PART TIME STAFF - SKATING RINK ATTENDANTS
The following individuals are being submitted for employment as skating rink
attendants for the 1985-86 season. These individuals will be paid a salary
ranging from $3.55 per hour up to $4.50 per hour dependent upon the status
with the department and rink locations.
RETURNING
RICK RONBOM
KIM OPATZ
BRENT EICHTEN
JAMES GILBERTSON
CHARLES CARTER
TIM O'CONNOR
DAVE CARNEY
GREG ELLINGSON
SCOTT ELLINGSON
FIRST YEAR
PAUL FRANK
ADAM WORTMAN
ROB KANE
JON CUDO
MICHAEL O'CONNOR
TONY GREER
TOD BRUESTLE
The department is still short approximately four employees to staff the
warming houses. Ads requesting applications for attendants have been run in
the Dakota County Tribune and local newspapers as well as on Cable Channel 10
during the week of December 9. It is anticipated that additional applications
will be received now that the skating season is at hand. If the department
has not received sufficient applications to staff the warming houses, it may
be necessary to shorten hours of skating at certain facilities or actually
close the facility until staffing is found.
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AWITION ams
EAGANDALE INDUSTRIAL PARK
DRAINAGE AREA STATUS
PROJECT No. 458
EAGAN, MINNESOTA
DEVELOPED DRAINAGE AREA
UNDEVELOPED DRAINAGE AREA
BONESTROO, ROSENE, ANDERLIK
& ASSOCIATES, INC.
Consulting Engineers
St. Paul, Minn.
Date: Nov. I, 1985 lr FIG. No. 3
Comm. 49370 II