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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 M r 1 • 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 8.0'2 ,- 1 � L N m 2 3.9 36 N N N I 1 / 1 0 / 1 ^ o- nl + 1 L / STATE OF MIND. ^ / b DID -75 Q o' / 1 / � N R 1 � / 1 _ / y51 / AZ=8903136' / a I ryp 020-75 V. . _ Ory a' I V, 030-75 I 131.72/ AZ=89'D21'28'f` POSSIBLE 0%WRLAF \ /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 • r 1 U 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 WESTBROOK FIRST 4nµ�w W w w—No NORTH IN.er.. •l II1e •rll.rf[1%.or I.i. I1. 1. ,vara a Nn y f/vpY •f brin. • Yne.+n./1 Iran P rNlw:..en eI.. u 1 .Im pull- y .'lu oil.•. I. nnmL. :rw.n. —e—a—awY. •nal er.....i ...Imes I. LYyI. c..ny. LOCATION MAP m. YryI�II1; ..[Y. n. n. N..0 1 YM Y YW. Y.. 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I . . • , Mp Y/ u Yn{ .1 •11..+rY lnl. _.Ylor�• 1311 :na.nn, cY wq non uuw cewlq ..eue. I Ir ..""I In.' IN. .1... 1.1 ING n II—r— 11. 1..'nl n. ,rle/n a IN..'I.1 I. Ilu}Pm1 foe, 11 [iliw nu•N/n 111. M l..-7"'air ' .n.n1Y Tn.,ur... II,Y. :^•nl . IlNypn p I.IIMwn1 IY•. Ito, IN IrN•f•f .nl•ne N,1._ M) /f PYMp •r•I all l........N" w I..n U.uu e.l 1•,In\n)lolroll INI I1 ol11n.Yrr1.. III 1.n..11'n .I.......• \n. . l.lnl n.lrl n vS•\rn 0 ' ..,YIIr fmusq Ix.YI :w,lr. NmoNI .1-11 lool- 1 'r n rer pnlrr r [RI. Inn.v....0 rnee In IN erne er lro .we.r I.,neon M UI._ ., .r .Il) .... r 13_r .l�e•ela'• �....M.•. ... r/n..•. In YrY en eeYYr .eom.f. H.e./ ewnlr. nmasu 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 OINI[ I»YN C. I [rYr Yw..rY. INC OVTLOT RIDGE Y. rr . . .� �{. ••r..r.�. .N ... rW [II. ... .......... .....� nlrTi. r•.: »rGx�r... rT. .tZTr.�i l r'�iT[�� •n u• •� u. M..+»rr ».+.u»wnnrV u. nT..rn.»• W. VML ...rtr.N..rmrr. wmrrwr VN N VW r.r. ru r...r.l nrrnr roYr.. lu r.n. ..TNI�•.�::. H�TTT+.�•�f�. 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Np r mN lr�_ IF• F_ w by wwn.. »u rN Y. um.. um Yn Yi :IF T Y YII..YrI 1W.Y.1 .IM1Y .I.M Yr._Y.w w .11 I... ... n ...1 ...w tlun..... pq�l.r LI mn.N .• N YNR/ �1M.Fr 0 D • • 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 • 0 0 0 S/ L.Gc aR 9 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 n -L % t'.t5 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 w U 2 W LL LLI L+� 0. A. 2 O S 0 0 0 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 -7/ • LJ r' -3- 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— A -4- 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 .�..y.w°M� .I,a•rr4,wle°ar ..iiY�albYli•�r^�"'-.,i. _.__•.aJ,.•«ra.+...r.....+..«•.rr.r.r--•--..w.__�._. 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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. x79 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 LJ 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� 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• 9 • 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 • 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 • .wrc .au awe -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 r 1 • 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 8.0'2 ,- 1 � L N m 2 3.9 36 N N N I 1 / 1 0 / 1 ^ o- nl + 1 L / STATE OF MIND. ^ / b DID -75 Q o' / 1 / � N R 1 � / 1 _ / y51 / AZ=8903136' / a I ryp 020-75 V. . _ Ory a' I V, 030-75 I 131.72/ AZ=89'D21'28'f` POSSIBLE 0%WRLAF \ /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 • r 1 U 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 $2,813_68_) .All .costs associated' --with all - three_ -.parts of this change order will be assessed in total to the benefitted property owners under Project 429. ACTION TO BE CONSIDERED ON THIS ITEM: Approve Change Order #1 to Contract 85-8 (Town Centre 70 & 100 Additions - Streets) and authorize the Mayor and City Clerk to execute all related documents. ON Agenda Information Memo December 17, 1985, City Council Meeting Page Thirteen FINAL PLAT/WESTBROOK 1ST ADDN. K. Approve Final Plat, Westbrook 1st Addition (Tom Westbrook) -- We have received an application for final plat approval for the. Westbrook 1st Addition, a copy of which is enclosed on page ,:2 (p . All conditions placed on the preliminary plat approval by Council on September 3, 1985, have been complied with in addition to all other final plat application requirements, which have been reviewed by staff and found to be in order for favorable Council action. "ACTION' TO: BE CONSIDERED ON .THIS .ITEM: ..To approve the final plat for the Westbrook 1st Addition and authorize the Mayor and City Clerk to execute all related documents. • • a' 5 WESTBROOK FIRST 4nµ�w W w w—No NORTH IN.er.. •l II1e •rll.rf[1%.or I.i. I1. 1. ,vara a Nn y f/vpY •f brin. • Yne.+n./1 Iran P rNlw:..en eI.. u 1 .Im pull- y .'lu oil.•. I. nnmL. :rw.n. —e—a—awY. •nal er.....i ...Imes I. LYyI. c..ny. LOCATION MAP m. YryI�II1; ..[Y. n. n. N..0 1 YM Y YW. Y.. 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Contract 85-12, Final Payment/Acceptance (Lexington Place South - Streets) -- We have received a request for final payment from our consulting engineering firm along with a certification of compliance to City approved plans and specifications for the installation of streets in the Lexington Place South Addition. All final inspections have been performed by representatives of the Public Works Department and the final product is found to be acceptable for perpetual maintenance. :ACTION 'TO -$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 OINI[ I»YN C. I [rYr Yw..rY. INC OVTLOT RIDGE Y. rr . . .� �{. ••r..r.�. .N ... rW [II. ... .......... .....� nlrTi. r•.: »rGx�r... rT. .tZTr.�i l r'�iT[�� •n u• •� u. M..+»rr ».+.u»wnnrV u. nT..rn.»• W. VML ...rtr.N..rmrr. wmrrwr VN N VW r.r. ru r...r.l nrrnr roYr.. lu r.n. ..TNI�•.�::. H�TTT+.�•�f�. 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Iw•Y/u •,VI wo ., ( a .. ...nrr,s i ;.t I'll 2•''1 I'1 I 11 �rY YI. N. r.l �: (u I "• I ..... .. ... I . •r1 w. r N,iliw rII.�N' r�{'.Mr. u1 M•i•11Wt1{I WI ..rl...•.w IIIr...•Y ..w1 Iwn. x :;IiErieai;iE..........;:..- •.. L _CLIL _. _•ae I, _lam �e _.en.r L. en. - -. I N.n.IN rY. N rY�..l .l r..r I.TII 11 P, rr.Y»Y MN." ,. •.w' N 1 I� P ,FIS x jjs 4 spf' a VJFN as 6 � •�j ��ni1 NIF NI r .r.._ .I rY 1111N IN•y. Yw .r�TYI I.iMFillw. �w1-{ice• 11 �rY YI. N. r.l �: (u I "• I ..... .. ... I . •r1 w. r N,iliw rII.�N' r�{'.Mr. u1 M•i•11Wt1{I WI ..rl...•.w IIIr...•Y ..w1 Iwn. w'rrr. ..r11iI.�T mw :;IiErieai;iE..........;:..- •.. re.+m.+lmmr N.n.IN rY. N rY�..l .l r..r I.TII 11 P, rr.Y»Y MN." ,. •.w' N Y NI[IF 114 Ln [I Nrn .w11rY un rin b Mw T.w•. Np r mN lr�_ IF• F_ w by wwn.. »u rN Y. um.. um Yn Yi :IF T Y YII..YrI 1W.Y.1 .IM1Y .I.M Yr._Y.w w .11 I... ... n ...1 ...w tlun..... pq�l.r LI mn.N .• N YNR/ �1M.Fr 0 D • • 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 • 0 0 0 S/ L.Gc aR 9 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 n -L % t'.t5 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 w U 2 W LL LLI L+� 0. A. 2 O S 0 0 0 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 -7/ • LJ r' -3- 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— A -4- 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 .�..y.w°M� .I,a•rr4,wle°ar ..iiY�albYli•�r^�"'-.,i. _.__•.aJ,.•«ra.+...r.....+..«•.rr.r.r--•--..w.__�._. 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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. x79 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 LJ 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� 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• 9 • 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 • 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 • .wrc .au awe -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